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HomeMy WebLinkAbout1973 Vail Town Council Minutes MINUTES REGULAR MEETING TOWN COU NCI L OF THE TOWN OF VA I L JANUARY 16, 1973 1W A regular, meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., January 16, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Councilman Donovan introduced Ordinance No. 1 (Series of 1973); AN ORDINANCE ACCEPTING THE DEDICATION OF PUBLIC RIGHTS-OF-- WAY, THE SAME BEING LOCATED WITHIN VAIL VILLAGE, SEVENTH FILING, WITHIN THE TOWN OF VAIL. The Mayor read the title in full and advised the members of the audience present that copies of the ordi- nance were available. Mr. Minger explained that the deed to this property has been executed by Vail Associates. The Board was polled as to whether they had read and understood the ordinance. Councilman Steinberg moved Ordinance No. 1 be approved and published for public hearing at the meeting of February 6, 1973; Councilman Donovan seconded; Councilmen Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor. The Mayor noted that the motion carried and the Town Clerk was instructed to publish the ordinance and notice of hearing. Councilman White introduced Ordinance No. 2 (Series of 1973); AN ORDINANCE PROVIDING FOR THE REVIEW OF ALL APPLICATIONS FOR BUILDING PERMITS FOR CONSTRUCTION WITHIN THE TOWN OF VAIL. The Mayor read the title in full and advised the members of the audience present that copies of the ordinance were available. Mr. Robinson explained the changes . that have been made from the first draft: environmental considerations have been added; a review fee of $75.00 was added; the fact that the review period of 30 days was in addition to those periods specified in the building code was clarified. The Mayor noted that another basic change was that the ordinance is not going to be presented as an emergency ordinance. Mr. Minger explained that following the public meeting on possible growth restrictions and consulta- tions with individuals experienced in -the matter, the decision has been made to have the Council review each application. In this manner, the Council can comment on the possible effect of the new zoning ordinance on each proposed project. Mayor Dobson indicated that the developer should be present when the plans were reviewed. Mr. Hibberd asked if complete plans and specifications were required before review. Although the complete plans are required before a permit is issued and before final Council approval is given, the Council would be willing to do a preliminary review on incomplete plans, if it were desired. Mr. Hibberd asked what would happen to phased projects; often the developer has made commitments for future buildings to financial institutions or potential buyers. Councilman Steinberg responded that he would, in that case, like to see proof of these commitments and proceed from that point; he emphasized that the Council is attempting to avoid predetermined approaches. Mr. Hibberd was of the opinion that some of the criteria for review were too vague. There was some discussion of whether a $300 fine was enough; Mr. Robinson suggested r? that, as in the case of a violation the individual would also be violating the building code and be subject to the penalities it contains, the penalty seemed adequate, It was noted that, under the new ordinance, the town may become more involved in architectural control. There being no further discussion, the Mayor polled the Board as to whether they had read and understood the ordinance; Councilmen White, Langmaid, Staufer, Steinberg and Donovan each indicated that he had read and under- stood. Councilman Steinberg moved that Ordinance No. 2 be approved and published for public hearing at the meeting of February 6, 1973; Council- man Staufer seconded; Councilmen White, Langma Id, Staufer, Steinberg, Donovan and Dobson voted in favor. The Mayor declared that the motion carried and instructed the Town Clerk to publish same. The minutes of the meetings of December 19 and December 26 had been previously submitted to the Council. Councilman Staufer moved -they be approved; Councilman Donovan seconded; approval was unanimous. Mr. Minger presented several informational items: 1 . the Rocky Mountain Soccer Camp will be held in Vail on July 8 to 13 and July 15 to 20; 2. figures have been compiled which show an increase in use of the shuttle bus over the last year; the amount of evening use indicates that perhaps the service should be expanded next year; the Ginkelvan will arrive around the first of February; 3. a report from the information center and traffic gate is available showing the most frequently asked questions; the requirement of a time ticket on any car going through the gate is proving successful in eliminating some traffic in the area. As many questions have been asked regarding the use of heli- copters in the Vail area, a report had been prepared on the subject. In essence, Vail Associates has an agreement with Helicopters Unlimited 'for landing and storage space for a helicopter -to be used for mountain evacuation, some passenger service, and the corporate needs of Vail Associates. No official landing has been designated by the FAA; they suggest that the Town address itself to this question. Councilman Staufer suggested that in a nar- row valley there actually is no way to minimize noise and disturbance. Council- man Langmaid pointed out that such a landing site is against the Town ordinances. Councilman Steinberg pointed out that the clinic is considering an increased use of helicopters for routine ambulance cases; however, this could be arranged with the landing at Meadow Mountain. It was suggested that a meeting be held with Mr. Almond and Mr. Kasdorf. There was general agreement with the suggestion. Prior to the meeting, the helicopter service will be requested to land outside the corporate limits of the town, except for emergency cases. Andre De Lucinges presented the Board with the question whether there is any- thing that can be done about the employee housing situation in Vail. He suggested that this was also tied to a transportation problem if employees live in outlying areas. Mayor Dobson agreed that this is a very real problem; however, he did not think that it is suitable for the taxpayers, per se, to be asked to address themselves to it. Rather, it is a problem for the individual businessmen and their groups. Mr. DeLucinges noted that the problem of employees seems to be getting worse. He also asked if the Town is planning to build a gymnasium on the Antholz property. Mayor Dobson noted that the Council is hoping to get citizen input as to what kinds of things the Town should be doing. As the Town does not at present own the property, there have been no plans made. In regard to the lack of public transportation, it is possible that private individuals will develop such a system in the future. Also, it is possible that the Town might individually run the system within Town and Vail Associates provide service in the larger valley. Stan Hawes of the Vail Villager asked the Council's response to the interpreta- tion of Dale McCall that they are not. in favor of further promotion of Vail. The general consensus was that no one thinks promotion should be curtailed, as the response to the current concern over growth. Rather, the Mayor suggested that the question of where and how promoted should be Investigated. Also, the Board was in general agreement that the Town should not fund this promotion. Page 2 r Mr. Minger introduced Mr. Mike Blair, the new County Planner, and welcomed him to the area. Mr. Blair made a short statement to -the effect that it is his hope to get people involved in the county affairs. As there was no further business, Councilman Donovan moved the meeting adjourn at 8:45 p.m.; Councilman Steinberg seconded, approval was unanimous. Town Clerk • W • Page 3 MINUTES JOINT MEETING TOWN COUNCI Lr, OF THE. TOWN.OF VAI L AND BOARD OF DIRECTORS/VAI L METROPOLITAN RECREATION DISTRICT A joint meeting of the Town Council with the Board of Directors of the Vail Metropolitan Recreation District was convened at 8;45 p. m. , January 16, 1973, in the Council Room of the Vail Municipal Building.. Mayor John A. Dobson and the following Councilmen were present: John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Chairman Rod Slifer and the following members were present: Dave Garton Ted Kindel ` Gerry White Also present were : Terry Minger, Town Manager Larry Robinson, Town Attorney Discussion first centered on the proposed golf and tennis rates for 1973. Some of the major changes over the 1972 rates were: 1 . the establishment of off- season and on-season golf rates; 2. an increase in the rate for a golf season pass for non-taxpayers to the Recreation District; 3. the establishment of an hour playing period for tennis as well as the hour and a half period; 4. the elimination of the charge based on number of people playing tennis; 5. the elimination of the difference between week-day and week-end hourly rates; 6. an increase in the season tennis pass rate for non-taxpayers to the district. Mr. Slifer noted that there is not a group discount for golf, the feeling being that such a rate is unfair to the tourist who is not with a group. 0- Councilman Donovan inquired how long a person with a season pass could play tennis. Mr. Garton noted that the pro has in the past limited play to once a day for an hour and a half. Mr. White added that in the coming season there will probably be only 3 courts available for hour and a half play; perhaps at peak times, all the courts will be for an hour only. Councilman Staufer sug- gested that it is still very difficult for an outside person to be able to use the courts. Also, he felt that the break for the taxpayer was not great enough and the rate for the season pass too low. Mr. Garton noted that the Board has tried to find ways to enable the tourist. to make reservations in advance. Councilman Steinberg suggested that season pass holders should be limited to play once or twice a week; if they care to play more, they must pay the regular rate. There was some discussion of whether such an arrangement would be desirable and equitable. Mayor Dobson suggested that the framework for discussion of these problems should be set by a consideration of the dual role the district is attempting to fulfill. On the one hand they are attempting to produce a viable resort for the summer, and on the other, to provide municipal facilities for local citizens. In regard to a survey taken last August, season pass holders use the courts 60 to 70% of the time. Mr. McLaughlin stated his opinion that in regard to golf, the exact opposite situation exists; the tourist use preempts much local use. Mr. Slifer explained that the Board had considered the construction of additional courts in the Golden Peak area. However, as this would not be the most desirable location if other land was available, the 'Board postponed any /_ - . M new construction until the land question is settled. At that time a bond issue would be necessary. Further discussion of the tourist-use, local-use question brought out the suggestions that some courts could be set aside for tourists or the pro.could *Silo, encourage program nights, such as men's night, which allow a great many people to play.in a relatively short time. The installation of lights on the courts has not appeared to be a viable program because of the nuisance to neighbors and economic considerations. One reason for the over--taxed conditions on the courts is the fact that they are serving the entire valley. There is a plan for four courts of a private nature. in East Vail and, also Vail Associates is going to build :4 to 6 courts in Lions- head.' Mr. SLiPer stated that the Board has been considering an expansion of the boundaries of the District beyond the boundaries of the Town. If this were done, they could build courts at the ends of the valley. Pending a development of this type, Councilman Steinberg suggested that three categories of season pass holders be established; taxpayers, certified employees of taxpayers, and non- taxpayers. Discussion of this suggestion centered on whether there would be. many people in the third category and also on the nature of the obligation to the second category. An attempt will be made to arrive at the size of each group represented in last year's season pass holders. Councilman Steinberg suggested that the refinishing of the tennis courts at Malloit Park was one item that should be encouraged by whatever means available. Councilman Staufer suggested that rather than sell three categories of season passes, these passes should only be sold to taxpayers or their employees. In addition, he felt no seven-day passes should be sold. Councilman Donovan agreed, especially as this might give residents of these areas the impetus to annex to the Recreation District. In regard to the suggestion made ear tier that some courts be set aside for tourists, a member of the audience suggested that the various lodges should not be allowed to advertise that these courts are reserved for their needs. In regard to golf, it was suggested that an off-hours pass be offered. In regard to the problem of how to handle the golf groups, it was suggested that loopholes be enforced in their starting times. It was suggested that the rates for the golf course are too high; however, Mr. Slifer noted that it is necessary for the golf course to make money in order to finance improvements, pay the land rent, and operate on the very short season. Mr. Slifer noted that it is necessary to get an operator for the clubhouse facility for next summer. Mr. Purcell and Mr. Donovan have again shown an interest S and the Board was impressed by their previous operation. As the liquor license is in the name of the Recreation District, no problem is created in that regard. It was the opinion of the Board that it is impractical to re-bid the operation. Such'a re-bid is not a legal requirement. Mr. Kindel moved that Mr. Donovan and Mr. Purcell be hired to operate the golf clubhouse for the 1973 season; Mr. White seconded; approval was unanimous. Mr. Slifer noted that Mr. Muth is no longer eligible to serve on the Board as he has moved outside the District boundaries. A successor will be appointed by the Board. He encouraged all interested parties to submit their name to Linda Hall at the Town Office by February 1. The remaining term is approxi- mately 3.5 years. A bill to increase the maximum mill levy of recreation districts from 4 to 6 mills has been brought before the State House of Representatives. Mr. Kindel that.the Recreation District support this bill; Mr. White seconded; approval was unanimous. As there was no further business, the meeting adjourned at 10:00 p.m. th t Secr tar d MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAT L FEBRUARY 5, 1973 0- A special meeting of the Town Council of the Town of Vail was convened at 11:15 a. m. , February 5, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the Following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Stan Bernstein, Finance Director Kent Rose, Town Engineer Jim Lamont, Administrative Assistant Jim Slevin, Member, Planning Commission The planners, Royston, Girvin, Livingston, and van Ginkel were also present. The first item discussed was the fact that applications for building permits have been received for an additional $20 million of construction. No permits have been issued. One reason which might be given for delays is that the capacity of the sewer system is inadequate to handle the projects. Mr. Livingston indicated that he would have a report on the changes in the zoning ordinance prepared by the middle of March. Prior to this date, high priority items can be completed. For example, they have already prepared a prelim- inary report on parking. The assumption underlying this report is that -the person who comes to Vail should be able to exist entirely without a car. It also appears necessary for the day-skier to park outside of the center of town and be transported to the lifts. Their recommendation for the financing of any parking structure was to assess the owner of a building on the basis of benefit derived from the structure. if an individual has already provided parking within an area that is designated to become pedestrian, this parking. will be eliminated and the person given credit on the basis of the dollar invest- ment in the improvements he has made. He will not be given credit for the value of the land, as this can be put to other uses. Mr. Royston emphasized that the frontage road must be viewed as the major means of vehicle movement. Mr. van Ginkel emphasized the need to avoid looking at the automobile as the only means of access -to the valley, or as the only means of moving people and goods. The restraints necessary on both the resident and the visitor must be considered. Mr. Royston had made a listing of the transportation needs in Vail: 1.. to move people on their daily work rounds; 2. to move people for sightseeing; 3. 'to move people to recreational experiences and places; 4. to service the shops, rooms and homes, perhaps requiring a vehicle different from that required by the first three needs listed; 5. to collect -the garbage, again a different vehicle; 5. to transport the day--skier; and 7. to accommodate growth in east and west Vail. Councilman White suggested that an eighth category of transportation users would be the second-home owners, most of whom bring their cars to Vail. Mr. Minger suggested that the way to eliminate this use of the car was to eliminate the option and make the car a detriment. A Councilman White suggested that to make a transportation system effective, it can't be slowed down at non-peak periods. If this is done, the system becomes inconvenient and people will not make use of it. Following some discussion, it was suggested that buses would have to run on a Five-minute interval basis. Mr. van Ginkel suggested that at some point, however, the surplus of buses becomes as bad as a surplus of cars. Mayor Dobson sug- gested that, in reality, -two problems were being considered: 1. the problem of eliminating cars from the pedestrian core and providing an alternative means of transportation that does not violate the pedestrian concept; and 2. the problem of mitigating the effect of cars in the larger valley. In the latter instance, a five-minute schedule would seem to be too expensive and impos- sible to follow. Mr. Minger expressed his concern that, as the transportation system of the valley is in a state of change, extreme care needs to be exercised in designing a transportation terminal. It is possible that if designed for today's system, it would be obsolete within 5 years. Mr. van Ginkel expressed his concurrence with the opinion that the main parking lot could be the place for a structure. Mr. Livingston was of the opinion that if the structure is placed in that loca- tion, East Meadow Drive would need to be closed. At present, the amount of traffic makes it difficult to move from the parking lot to the core on foot. Councilman Donovan disagreed with the method of financing proposed by Mr. Livingston. He was of the opinion that the sales tax generated on Bridge Street is supportive of the entire Town and hence, the entire Town should finance the structure. On the matter of pending construction, Mayor Dobson suggested that it was necessary to obtain some further piecemeal standards from Mr. Livingston. It was his understanding that the Upper Eagle Valley Sanitation problem was very bad and would require another construction season to be corrected. Discussion of what standards were to be applied led to the suggestion that Mr. Royston's office provide the Council with maps showing the open space and related items they propose. Councilman White was of the opinion that there are two types of developments with which the Council must deal: 1 . those developments which are far advanced into the planning stage and have followed the previously applicable rules; and 2. those developments which are currently only conceptual or for which the plans have only been started. The ordinances should be amended throughout the interim period in order that the laws applied to projects of the second category will reflect the new intent. Mr. Livingston noted that he can provide these amendments within the 30-day period if he receives the land-use information he has been awaiting. In regard to ordinances needed, Mr. Minger suggested that an ordinance adopting a development fee for open space and recreational amenities should be considered. Mr. Royston suggested that an ordinance should also be adopted requiring the posting of a bond -to guarantee the completion of the landscaping plan and its maintenance for one year. Councilman Langmaid was concerned with the means by which -the Council could say "no" to a developer. Mr. Royston suggested that the method should be to talk to the developer until he was wi,lli:ng to offer something to which the Council could say "yes." Mr. Livingston suggested that if the objection to a project was on the basis of architecture, for example,. this view could be tied to a functional deficiency, for example, -that -the garages included in the plans do not fit in with the parking needs. Mr. van Ginkel concurred with this sug- gestion. He added that he was of the opinion that the Council would be stronger in its denials if for every negative answer they could suggest a changed situation to which they could give a positive answer. Councilman Steinberg suggested that the water and sanitation problems were the strongest basis for a denial; Senate Bill 35 gives the power to deny an application on that basis alone. Mr. y Minger noted that Mr. Rose and a consultant have been working on the determination of exactly what are the limitations of the Upper Eagle Valley Sanitation District. Page 2 Returning to the discussion of the parking structure, Mr. Minger noted that if an attempt is going to be made to build at least part of the structure next summer, some commitments and arrangements need to be made now. Mr. Royston suggested that it is also necessary to begin discussions with the public now. Mr. Ream, the architect of the previous design for the parking structure, will be informed of the new ideas which will require changes in his original design. It might be wise to include buses and related items in the bond issue. There was some discussion of whether the day-skier would park in that lot; of whether a provision for parking at a greater distance from the core would meet the Forest Service requirements. It was also noted that the Town does not own the land but leases it from Vail Associates. There was some discussion of whether it is rational to build a major parking structure in the area where there is the smallest lift capacity. The parking that will be eliminated by pedestrianizing areas of the core will be picked up in this structure; also, it is possible that it takes 800 to 1000 cars to keep the core viable. It was suggested that if the structure is in the main lot, all entrances and exits should be on the north side. In response to the direct question as to whether we should proceed on structured parking, Councilman Staufer stated that it should be made certain that the structure can be made available for as many alternative uses in the future as possible. Mr. Royston noted that this would mean that the ceiling height should be carefully considered. Other considerations and comments made were: Mr.Slevin - should move ahead on the structure as this opens the door to other steps; Mr. White - the structure should be built to the maximum size as it now appears, if this is too large in the future, it can be converted to other uses; Mr. Langmaid - the large number of buses which are now in Vail on the weekend should be considered in any plans; Mr. Bailey - in favor of moving ahead as soon as possible even if the entire structure cannot be built during the coming summer; Mr. Dobson - if necessary, the transportation center portion could be built first; Dr. Steinberg - would move ahead as soon as possible, making allowances for a recreational use for the roof in the summer. Mayor Dobson summarized that there was a consensus that plans should be moved ahead on the parking structure. Mayor Dobson summarized the projects for the near future as: 1 . from Mr. Livingston, standards to be incorporated into the zoning ordinance are needed; 2. from Mr. Royston, drawings of the proposed pedestrian areas are needed, 3. the Council needs to consider an ordinance for a landscaping bond, an ordinance for an amenity fee; and to study the water and sanitation situation. The meeting adjourned at 2:00 p.m. Town Clerk Page 3 a VAIL PLANNING STUDY 0 PARKING: PRELIMINARY CONCEPTS Livingston and Blayney 40 Gold Street San Francisco, California Parking problems in Vail primarily involve the lack of adequate parking serving Vail Village commercial establishments and hotels, and the tremendous park- ing demands created by visitors during the winter ski season. Completion of Interstate Route 70 is expected to greatly increase the number of day skiers, and without remedial action the situation only can worsen. Innovative solutions are needed soon if Vail is to continue functioning as a high quality winter and summer resort without being innundated by cars seeking to park in the wrong places. Many Vail Village business establishments were built without providing any off- street parking, and others provided parking that was insufficient to meet their needs. Fewer visitors, available on-street parking, and parking overflow into adjoining areas combined to minimize the problems during earlier years of the Village's development. With increased construction and growing popularity of the Vail ski slopes came the inevitable parking crunch, only partially relieved by the use of the main parking lot which is leased to the Town by Vail Associates. At the same time, it is the lack of parking in the core of the Village that gives it a special pedestrian orientation and a tight urban character that need to be enhanced. Lifts within walking distance of the hotels and the difficulty of driving in winter weather contribute to this quality. Streets in the Village already have been restricted, allowing only essential access to parking areas. If the Village could be converted to a pedestrian precinct by closing all streets to non-essential traffic and filling in parking lot gaps with new buildings, the Alpine village character originally intended could be fully achieved. Unfortunately, provision for the automobile did not receive the consideration y needed when the Village was developed. Development at Lionshed, in contrast, is proceeding with accommodation of the pedestrian and automobile accorded due regard. The acuteness of the parking situation in the Village led to recent Zoning Ordinance amendments that require off-street parking to be provided by new uses, and for expansions of existing uses. Previously parking was not required in the C-C zoning district which covers the core of the Village. Prior to incorporation of the Town provision of off-street parking was optional, and it was provided only by those businesses which believed it was essential to their economic health to have adjoining parking facilities. The dilemma faced now by the Village is that provision of parking facilities required by the Zoning Ordinance is impossible for some uses which would like to expand, in some cases onto the portion of their sites originally allo- cated for parking, and for others provision of any parking is impossible at their present sites. Attempts to satisfy parking needs at or near the site of each use would be counter-productive because it would introduce more cars into what desirably should be an exclusive pedestrian precinct. Only an off- street parking facility close enough to meet the parking demands generated in the Village, yet outside of the pedestrian core, could solve the problem. Adding to the difficulty, it would be desirable if many of those uses which now have adjoining off-street parking were served by parking elsewhere which did not bring cars into the pedestrian oriented center. Problems of how to handle access, parking, delivery of goods, and emergency services will be examined during the design studies. The approach will focus on solving specific problems faced by individual establishments. Unlike most business districts and many vacation communities, visitors to Vail have a high tendency to park in one location - at a hotel, for example - and have less need to use their car for movement within the Town. With park- ing, lodging, restaurants, entertainment facilities, and ski lifts all within walking distance, the need for using a car to get from one parking lot to another is diminished. The concept of peripheral parking serving an auto-free pedes- trian precinct is more workable. An effective, attractive public transportation system operating throughout the Town could reduce auto usage further, and would reinforce the pedestrian orientation in the Village and L.ionshed alike. A 1972 study of parking needs by Beardsley, Davis Associates found a deficiency of nearly 700 parking spaces in the Vail Mill Creek/Gold Peak area, assuming Zoning Ordinance requirements are adequate, and proposed that the first priority for meeting Vail's parking deficiency should be utilization of the main parking lot to accommodate additional cars in a parking structure. The site is under a long term (to year 2019) lease to the Town. The parking study also proposed design guidelines for development of the site and urged additional study of financing methods and operating questions. Other sites also were suggested for parking development, including study of potential parking north of the freeway. The need for additional parking to serve the Village's current deficiency, plus the relocation of existing parking from those portions of the Village that should be developed as a pedestrian precinct. apparently can be accommodated in a suitably designed parking facility at the main lot. Such a facility logically should be developed as a complete transportation terminal, providing a bus 2. station,.auto rental facilities, taxi stands, and convenient transfer to Village and Town-wide transit. Vail Village Parking Strategy Although a parking facility would have some citywide benefits, particularly if it also were to serve as a transportation center, its primary area of bene- fit would be the Village commercial center. It would be appropriate, then, that its financing be largely the responsibility of the Village property owners, with such additional assistance as may be suitable on a citywide basis to the extent that the facility also benefits a larger area. The Vail Charter permits the Council to establish local improvement districts, and permits assessment of the properties within the districts to finance public improvements. Local improvement districts may be created by the Council, subject to protests by owners of a majority of the property within the district, or may be established by petition from more than SO per cent of the land owners. The improvements would be financed through sale of local improvement district bonds, which would be repaid from parking fees and from assessments levied annually. The Charter gives the Council wide flexibility to determine the method of assessment best suited to the improvement program. If, in addition, the -! improvement confers benefits on the Town as a whole, the Council may levy a citywide tax to cover these benefits. Revenue bonds could be utilized, but it is doubtful that parking fees would be sufficient to amortize the bonds, and interest rates would be higher than assess- ment district bonds backed by the Town's credit. Until design studies are further along and the concept of a pedestrian area for the Village is firmed up, it is not possible to determine precise boundaries of the pedestrian precinct, or of a potential parking assessment district. How- ever, it appears likely that much of the commercial center should be auto-free, and that existing parking in the area should be reaccommodated. Given this assumption, two issues arise: how to equitably treat those properties that now provide parking spaces which should be relocated, and how to equitably assess the costs of a parking facility to all uses within the benefitted area. The improvement district concept is widely used throughout the nation as a means of providing public parking facilities, although the methods of spreading the assessments to the benefitted properties vaty. Most common means include an assessment per square foot or front foot, or an assessment based on valuation 3. of the property. Where there are differing degrees of benefit to different properties, benefit zones may be established within an assessment district and different rates of assessment applied in each zone reflecting the relative benefit. Assessments based on land area assume distribution of benefits to all prop- erties in relation to their size. While this is generally true of undeveloped sites where the land utilization or earning potential of the sites is propor- tional to their area, it is less true of developed sites which generate different parking needs according to. their use. In terms of parking demand generated by various uses, the square foot or area method of assessment does not directly assess properties on the basis of need or benefit. Assessments based on valuation may include land valuation only, or may include land and improvements. Where the parking facility or other public improvement confers a higher value on benefitted properties, this method allows. the project to recapture some of that benefit through the resulting higher assessments. However, it has two drawbacks: like the area distribution of assessments, it does not relate to parking need or demand of particular uses, and it tends to discourage investment in new improvements because they lead to increased assessed valuations which then result in higher payments. Parking demand may • be high for a low value use, and may be low for a high value use. An additional method of spreading assessments within the area benefitted by a parking facility, not widely used but currently gaining in favor, is to base the assessments on the parking need generated by each use or each property. This method is most equitable because those uses with a greater parking demand con- tribute proportionately more toward financing the parking facility. The principal difficulty lies in determining the precise parking demand of each use, because of the widely varying needs of the multiplicity of uses usually encountered in a commercial district. Yet in most communities such a precise schedule already has been developed, applied and tested -- the schedule of parking requirements prescribed in the Zoning Ordinance. Assuming that the requirements accurately reflect the parking demands for various categories of uses, assessments based on zoning requirements for off-street parking provide an eminently equitable means of spreading assessments to benefitted properties. Use of the off-street parking schedule of the Zoning Ordinance for assessment purposes within an improvement district would not constitute imposing zoning requirements retroactively on uses which have 'inadequate parking or lack parking entirely, but are permitted to continue as non-conforming situations. 4. Rather, it would be a means of equitably spreading the assessment to those who would benefit, and would apply only within the improvement district boundaries. Starting with the basic assumption that each parcel should be assessed in proportion to the parking demand it generates, an annual assessment per space required would be levied. This assessment would include capital and interests costs, plus net operating costs of the parking facility -- or that portion of the structure which serves the Village in the event the facility has greater parking capacity. Uses which now have no off-street parking would be assessed annually on the per space basis, using the Zoning Ordinance schedule as the measure of parking demand generated. Formulas for credits against the assessment should be developed to cover two special situations. First, those uses now providing off-street parking in the designated pedes- trian precinct but which would not be permitted to continue such parking should be allowed credits. Most logically, these credits should be based on the value of existing parking improvements (not land) discounted or amortized from the date of construction. The credit would be compensation for the loss of parking improvements which have remaining value or useable life. However, the credit should not be based on the value of the land because when the parking use is discontinued the site will then be available for presumably more valuable uses. In hold-out cases, it would be necessary to condemn the right to use the land for parking, but the cost would be low where the site could be put to a more valuable use. (If the parking right cannot be condemned under Colorado law, it will be necessary to condemn the fee and recoup the cost by resale.) A second credit schedule should be applied to those uses within the improvement district which have off-street parking which may continue without detriment to the pedestrian precinct. In some cases, a use now may only provide a portion of its required parking. Logically the credits should be the same or close to the per -space assessment levied elsewhere within the district, since the use pro- viding some or all of its own parking would be relieving the district of that res - ponsibility. Uses permitted to retain their parking would have to be evaluated on the basis of their location and the impact of access to their parking facility on the pedestrian precinct. Assessments would be determined annually, based on the parking requirement of each use on the assessment date. If the use of a property changed during the year and resulted in a different parking requirement, the assessment in the sub- sequent year would reflect the change. Because the property owner would be the long run beneficiary of the parking provided by the improvement district, assess- ments would be levied against the property. In the case of tenant-occupied prop- erties or buildings, the cost presumably would be passed on to the tenant in the form of a rental increase. 5. The parking facility should be operated on a fee basis, but with provisions for validation parking for customers (and possibly employees) of businesses within the district. The fees would be reimbursed to the district by the businesses validating the parking. Parking fees should be set to discourage use of the facility by day skiers, particularly at times of peak demand. Fees also could vary according to demand, with higher rates in winter and on busy weekends. Careful, critical review of present parking requirements will be necessary to assure that the present Zoning Ordinance schedule accurately reflects the demand generated by each category of use, before adopting the schedule as the basis of assessment. If instances are found where the parking required by the ordinance now is either insufficient or excessive, the ordinance should be amended. Where a combination of uses occupies a single structure or site, such as a hotel with restaurant, bar, and some shops, the Zoning Ordinance should be revised to permit a reduction in the total spaces required that reflects the overlapping parking need. The restaurant, for example, may have customers who already are hotel guests, and the parking schedule should not require additional parking when there is not any additional demand. While Vail's current parking requirements are not substantially out of line with nationally recognized standards for off-street parking, several of ,the require- ments need to be checked closely with actual current experience in Vail to be certain they fairly reflect parking demands generated. The advisability of accounting for multiple uses within a building has been cited. Various types of retail and office uses and restaurants should have requirements tailored to their generation of parking needs, rather than the single standard now in effect (3 spaces for each 1,000 square feet of primary floor area). Personal services such as beauty shops usually generate higher demands than furniture stores or repair services. Banks usually create a greater parking need than other kinds of offices that have lower volumes of patronage spread over longer time periods. Design studies now underway will determine the potential hotel and commercial space that can be accommodated in the Village if vacant sites are improved and present parking areas in the pedestrian precinct are discontinued and con- verted to commercial uses. The total parking requirement of the Village, less whatever parking can be accommodated on-street or in lots which can remain • , without impairing the pedestrian concept, will determine the necessary minimum capacity of the parking facility. To the extent that additional space might be available in the facility, it can accommodate day skiers. 6. While most or all of the Village is within walking distance of the parking site, a local transportation system uniquely serving Vail requirements -- the pro- posed Ginklevans or "elephant trains" - would increase the accessibility and vitality of the core. These vehicles would provide transportation of baggage, skis, and packages as well as people between the parking facility and their' destinations. Hotels might be permitted to provide additional, specialized shuttle service such as is common around major airports, provided that their vehicles did not interfere with pedestrian activity in the core. Lionshead _The Beardsley, Davis study found no serious deficiency in parking spaces at Lionshead, principally because present zoning standards apply to all develop- ment there. However, there would be a deficiency if day skier demand should exceed the capacity of the three: public lots in the area. Eventual decking of parking facilities at Lionshead remains a possibility. Day Skier Parking Accommodation of day skier parking will become increasingly crucial when the completion of Interstate 70 brings Vail within less than two hours driving time of Denver. Peripheral parking lots outside the Town, with convenient freeway access that does not congest local streets, appear to be the only logical solution. Accommodating day skiers in parking structures near the lifts would be both expensive and physically disruptive. Shuttle bus service between the lots and the ski lifts, at the Village and Lionshead, and the proposed new lifts will be necessary. Some popular California ski areas have parking lots so large that they must provide shuttle service within the lots. Without peripheral lots, Vail probably would be hopelessly congested with day skier's cars. The pro- posed parking structure could not adequately meet Village requirements if it accommodated many day skiers. High daily rates and a validation system should be used to divert them to the peripheral parking lots. Transit System Extension of the proposed Ginklevan service for Vail Village to serve Town- wide transportation needs should be explored. The Ginklevans, or similar vehicles particularly suited for low speed, frequent stop service were pro- posed by the Beardsley, Davis study to link the various.parking lots with Lionshead, the Village, and other major areas The transit service should be free, and should be more attractive and convenient than driving within the Town. 7. High speed buses, with exterior ski slots, should be used to link the day ' skiers' lots with the Village, Lionshead,. and the new lifts. Quick and easy transfer to the slower speed, local transit system should be possible. Conclusion If the precise location, capacity, and facilities of a parking structure are to be determined in time to permit construction during the coming building season, several immediate steps will be necessary. These will be the respon- sibility of the City staff and the RHBA/L &B consulting team, assisted by archi- tectural, engineering, and public finance specialists. Design studies for the Village must be completed to determine the present parking need and the potential parking demand when vacant sites and sites now devoted to parking are developed. - The impact on individual uses of converting the Village to an exclusive pedestrian precinct should be evaluated, and discussed with the property owners and businessmen affected. Preliminary plans and cost estimates, followed by working drawings, must be prepared for the parking facility. - The proposed improvement district boundary trust be determined, and preliminary financial studies must be made to determine what level of assessment will be necessary within the district to finance the parking improvements. -- Necessary Zoning Ordinance changes should be prepared and adopted. - Interim financing may be needed to cover initial costs and design work on the parking facility, until district financing can be assured and improve- ment bonds can be marketed. When financial and legal feasibility is assured, formation of the improve- ment district should proceed. 8. i f AGENDA REGU LAP, MEETING TOWN COUNCIL OF THE TOWN OF VAI L FEBRUARY 6, 1973 is 1 . Second reading of Ordinance No. 1; AN ORDINANCE ACCEPTING THE DEDICATION OF PUBLIC RIGHTS-OF-WAY, THE SAME BEING LOCATED WITHIN VAIL VILLAGE, SEVENTH FILING, WITHIN THE TOWN OF VAIL. 2. Second reading of Ordinance No. 2; AN ORDINANCE PROVIDING FOR THE REVIEW OF ALL APPLICATIONS FOR BUILDING PERMITS FOR CONSTRUCTION WITHIN THE TOWN OF VAIL. 3. Presentation by Robert Royston regarding the Town of Vail Master RIen. 4. Appointment of a member to the vacancy on the Sign Review Board. 5. Discussion regarding unauthorized parking on private property. 6. Consideration of minutes of meeting of January 16, 1973. Convene as the Vail, Colorado, Municipal Building Authority. 1. Election of Officers. Convene as the Local Liquor Licensing Authority. 1 . Hearing on application of Henschel Lyon, Ltd. for a retail liquor store license. 0 . l men VAZA Box 95 Vail, Colorado 81657 January 26,- 1973 E • • Town Council Town of Vail Vail, Colorado 81657 Gentlemen: We have carefully reviewed the draft of Ordinance No. 2, Series of 1973, which was presented at the regular meeting of the Town Council on January 16, 1973. It appears to us that the Ordinance as presently drafted is not computable with the economic realities of building design and construc- tion. As we read the Ordinance final working drawings are required to be submitted prior to receipt of initial-architectural approval. Since even minor. changes in building location, height, size and configuration resulting from architectural review can require significant revisions of working. drawings, it appears more practical that plot plans, floor plans and elevations be furnished to the Council for their use in determining whether to give approval concerning height and size, architectural design, set--backs, landscaping, compatibility, environ- mental effects, utility demands, lighting, parking and traffic. It is not unusual for working drawings for even moderately-priced com- mercial building to cost in excess of $50,.00.0.. Slight modifications in height, other dimensions or exterior materials can easily result in the necessity for completely new engineering and redesigning of working drawings to the extent that as much as 50.to'60%. of the working-draw- ings work previously done would be. completely wasted. In view of the short building season in. Vail, the imposition of an additional 30 days period for the architectural review by the Town Council also is incompatible with the practical realities of construc- tion. For the foregoing reasons we strongly urge that Ordinance No. 2 of Series of 1973 not be adopted on February 6, 1973, in its present form and that it be rewritten to provide for review by the Town Council of preliminary plans and outline specifications from which working-draw- ings are reasonably derivable, (riot working drawings), and that the present time period from the filing of the working drawing to issuance of a building permit not be enlarged. JVA:bj.s ur very truly, k n V! A o cc: M. V. Beckstrand Ralph Frizzell Charles Gersbach • 1 r? L E AV E L L DEVELOPMENT COMPANY A SUBSIDIARY OF RIO GRANDE INDUSTRIES, INC. RALPH FRIZZELL VICE PMMSIp ENT ONE PARK CENTRAL., SUITE 1250 1 5 1 5 A R A P A H O E ST R E E T DENVER, COLORADO 80202 P, O. BOX 5 4 6 2 (Z I P 8 0 2 1 7) TELEPHONE 303/573-$e7S January 23, 1973 r? Mr. John A. Dobson, Mayor The Town of Vail Box 100 Vail, Colorado 81657 Re: Ordinance No. 2, Series of 1973 Dear Mayor Dobson : Our Company fully supports the intent behind Ordinance No. 2, to set up an Architectural Control Commission. Only in this manner will there be logic to the future development of the Town of Vail . While the Ordinance's intent is commendable, it does appear that the mechanics of the Ordinance, specifically requiring working drawings as a precendent to approval, could, as well as the extension of the time periods, work a hardship on develo- pers. As an alternative might we suggest that in lieu of the working drawings there be submitted "outline specifications11along with other evidentary material requested by the Ordinance. To require working drawings before approval is given could be quite costly in both terms of time and money in the event changes were required. To reiterate, other than for the substitution of outline specifications for working drawings and leaving the time periods as presently set forth, we would strongly recommend adoption of the proposed Ordinance. Very truly yours, • Ralph Frizzel R F/cn cc: John Amato Charles Gersbach vj . '? • s?? r i:UII $ 31 January 1973 box 1 148 a nail, colorado 81.657 d 303.476-5613 COMPARATIVE FIGURES What the state library requires of public library to be considered "a library in good standing". population hours open per week' 0--2500 15 hours 25,00--50,000 50-60 hours Hours Open Per Week Vail 53 Frisco 20 Aspen 60 Number of Employees Vail 1 Full-Time Librarian 1 half-time assistant Frisco 1 Full-time Librarian 1 half--time assistant Aspen 1 Full--time Librarian 4 full-time assistants 1 Half-time assistant Circulation for each library on.1/30/73 Vail 125 Frisco 75 Aspen 225 Book Budget for 1973 Vail l 3 , 000 Frisco 5,000 Aspen 6,000 box 1148 . vail, Colorado 81657 s 303.476-5613 Regular circulation Paperback section Books in the library Library card holders Average Books Per Week Circulated Average Books Per Day Circulated • Circulation Figures NOV 1 DEC 31 JAN 30 9,816 111)452 12,633 5,000 6,ooo 6,2oo 9,000 10,000 10,500 685 795 913 316 425 418.5 63 73 68 u t jig b o x i o o • v a i I , c o l o r a do 8 1 6 5 7 • 3 0 3 • 4 7 6. 5 6 1 3 TO: Terrell. J. Minger, Town Manager FROM: Bob Manzanares, Administrative Assistant RE: Trash Franchise DATE: February 5, 1973 Merv Lapin, from Eagle County Trash removal, has approached the Town on the possibility of the Town granting his business a franchise. That franchise would give him the exclu- sive right to the trash business in the Town of Vail for a period of years. Lapin's objective in pursuing a franchise is mainly for financial reasons. He explains that the trash quantity within the Town and the County is increasing, thereby necessitating the need for him to expand his business. Financially, the Eagle County Trash Removal Co. has a few alternatives. The Ford Motor Company has indicated it will grant them a loan at an interest rate of 150. If the Company is forced to take this alternative, there is a strong possibility that they may have to raise their present rates. Their second alternative is going with a bank loan. National Bank of Denver is willing to grant a loan at an interest rate of 90, if the Company is able to obtain a franchise from the Town. This alternative would allow the Trash Co. to expand their business without having to raise their rates. From the Town's point of view, there are both advan- tages and disadvantages. .I N.+ • TO: Terrell J. Minger FROM: Bob Manzanares RE: Trash Franchise DATE: February 5, 1973 Page Two Advantages: A franchise gives the Town more control and reviewing powers over the business. The Town could have a direct role in the establishment of rates and in criteria for performance by the business. Disadvantages: Through the granting of a franchise the competitive aspect is minimized. If the franchised company is not performing satisfactorily, there may be a period of difficulties (legal), etc. before another company can get the business. I would recommend that the Town consider granting such a franchise, properly worded, so that both parties understand what is expected of them. I would also recommend that a three (3) year franchise, with a clause indicating the Company will be reviewed annually, be considered. In a three year period the Company has an opportunity to expand and improve and also gives the Town time to evaluate them more objectively. Bob Manzanares BM/nmm 0 .r c r ROBERT A. WrK JOHN I? AKOLT, JR. LUIS D. ROVIRA WALLIS L. CAMPBELL L.Y.S.- S. OrMUTH ' CARL F. EIDF_RGER WILLIAM G KEMP ALAN C. DeMUrH STUART S. GUNCKEL ROBERT A.BACKUS ROBERT L. ROSERTS MITCHELL 61=1,1E[]ICT M 0 BRIAN M. BELL WILLIAM F. SCHENKEIN SAMUEL J. OWEN RUSSELL P. ROWE DONALD A.HOULEHAN J. WALTER HYER M LOMUNDO A. GONZALES LAW OFFICES OF AKOLT, DICK, RovIRA, DEMUTH & EIIBERGER JOHN P. AKOLT 1600 WESTERN FEDERAL SAVINGS BUILDING J. H. SHEPHERD Or COUNSEL 738 SEVENTEENTH STREET , DENVrR, COLORADO 802032 TELtPNONE 303-222-1806 January 22, 1973 Mr. Lawrence B. Robinson City Attorney, Town of Vail P. O. Box 100 Vail, Colorado 81557 Re: Rights of A & D Enterprises, Inc. in the Streets of Vail Dear Mr. Robinson: I assume that you have had an opportunity to consider our letter of January 4, 1973, and the materials enclosed therewith. In view of the private easement rights which'exist.in A & D Enterprises, Inc., for access to its property by itself and its employees, customers and invitees, I submit that any encroachment, limitation or restriction upon those easement rights are unlawful and constitute a trespass. That includes the present gate arrange- ment*. Furthermore, it would seem to me that inasmuch as the rights of A & D Enterprises, Inc,, are a matter of public record, the trespass was and is a wanton and willful disregard of those rights. Thus, we request that the Town of Vail, rectify the situation by removing the gate immediately and by compensating our client for the past trespasses to date. Very truly yours, SSG/lc cc: Mr. John V. Amato AKOLT, DICK, ROVIRA, DeMUTH & EIBERGER By r U LV N box i oo . vaiI colorad0 January 29, 1973 Mr. Stuart S. Gunckel Akolt, Dick, Rovira, DeMuth & Eiberger Attorneys at Law 718 Seventeenth Street Denver, Colorado 80202 Re: Rights of A & D Enterprises, Inc. in the Streets of Vail Dear Mr. Gunckel: 8 1 6 5 7 • 3 0 3. 4 7 6. 5 6 1 3 Thank you for your letter of January 22, 1973. Although l have reviewed the various documents you sent to me on January 22, 1973, I have not had an opportunity to review the records in the courthouse in Eagle County.. It appears that A & D Enterprises may have obtained from Vail Associates, Ltd, certain easements for the purpose of gaining access to property acquired by A & D Enterprises; however, the platting procedure for Eagle County at that time may have included dedication of rights-of-way prior to the dedication to the Town of Vail in May, 1967. In any event, it does not necessarily follow that the Town is prohibited from regulating traffic on its public streets, notwithstanding any access privileges that may have been obtained by A & D Enterprises. It is my understanding that any patron of the liquor store operated by A & D Enterprises is allowed to use the roadway to gain entrance to the store. The Town Council for Vail has no immediate intentions to remove the gate that has been located on Gore Creek Drive for approximately two years. The Council, however, has been willing to allow reasonable access to the property of your client and has been under the impression that the current arrangement is satisfactory to Mr, Amato. If you have any further, suggestions relating to the regulation of traffic in the subject area, please communicate same to me and we will make further proposals to the Town Council. Yours vdhy tru ly? ON" Lawrence 1-3. Robinson Town Attorney L13R:lh r • Section . Review of Preliminary Plans. Any applicant who desires may in advance of application for a building permit submit plot plans, floor plans, elevations, landscaping plans and outline specifications to the building official for the Town of Vail who shall transmit such materials to the Town Council which shall, thereupon, review such material at a regular or special meeting as provided in the Charter for the Town of Vail. Within a period not to exceed thirty (30) days from the filing of such material, the Town Council shall either approve or disapprove such material , and in the event of disapproval, shall set forth in a written decision the reasons for such disapproval. The Town Council may also grant provisional or conditional approval by imposing specific requirements which must be met by the applicant as a condition of approval. In the event the Town Council grants its approval of the submitted material, the applicant shall prepare the plans and specifications in support of an application for a building permit which will be subject to review, if prepared in accordance with the materials previously approved, only by the building department for normal processing, and in that event the additional thirty (30) day period provided in Section 1 shall not apply to the plans and specifications in support of an application for a building permit. E LEAVELL DEVE LO PM E NT CO M PANY A SUBSIDIARY OF RIO GRANDE INDUSTRIES, INC. • RALPH FRIZZELL voce PgCS'DENT ONE PARK CENTRAL, 5UITE 1250 1 5 15 A RA P A H O M S T R a F-T DENVER, COLORADO 150202 F-, 0. BOX S482 (ZIP 80217) T 5 1.. 5 P H O NF- 3 0 3/ 5 7 3- 8 8 7 6 January 31, 1973 • Mr. John A. Dobson, Mayor Town of Vail Sox 100 Vail, Colorado 81657 Dear John: The partners in the Leavell-Manor Vail Joint Venture appreciate the offer which was set forth in you- letter of Iinuary 8, 1973. Rest assured we ore giving it serious consideration. The Town of Vail will have a definitive response by March 1, 1973. In brief, our idea is to come up with a concept that covers your needs as well as providing for the Joint Venture's requirements. Prior to the March Ist date, I hope to be meeting with you to explain our approach. Sincerely, R F`cn cc: Mr. John Amato Mr. Charles Gersbach Mr. Richard S. Kitchen, Sr. Mr. Chris Allison Ralph Frizze 9 DOCKET DEFENDANT 36 Tim A. Stone . 39 40 49 69 71 75 78 79 . 85 95 VAIL MUNICIPAL COURT January 1973 CHARGE & DISPOSITION RECEIPTS Illegal Parking - Pending Thomas A. Simon Illegal Parking - Pending Patricia Marinello Illegal Parking - Pending Glenn Beinfest illegal Parking - Dismissed John Murphy Illegal Parking - Pending Carl Schureestedt Illegal Parking - Pending James A. Rosa Assault & Battery -- Pending Danny Arguello Reckles s Driving - Resentenced January 30, 1973. Fine of $75.00 to be paid by February 20, 1973. Konrad Oberlohr Jeffrey N. Houston Jack D. Beals 97 Melanie Hyrnyk 98 Wolfgang Herzog 108 Timothy Reuling 113 Gerhard Kurt Lenz 114 Jerome Blackwell 119 Lloyd Thomas 0122 Dollie Shaw 124 John Ivison Littering - Guilty $25.00 Failure to Appear -- Dismissed Illegal Parking - Pending Parking in Fire Lane - Guilty $ 5.00 Failure to Appear -- Dismissed Illegal Parking - Pending Following too Closely - Dismissed Limitations on Passing - Dismissed Expired Safety Sticker - Pending Failure to Appear - Pending Improper Passing - Dismissed Dog-at-Large - Dismissed Failure to Appear - Dismissed Maliciously Destroying Property $30.00 - Guilty Parking in Fire Lane - Pending Illegal Parking - Guilty $11.00 Parking in Emergency Zone - Guilty DOCKET DEFENDANT CHARGE & DISPOSITION RECEIPTS 126 Dan Livingston Illegal Parking - Pending 127 Lawrence Benway Illegal. Parking - Pending Failure to Appear -- Pending 129 Richard E. Campbell Assault & Battery - Guilty $55.00 01.30 Willis G. Bergquist Disturbing the Peace - Guilty $30.00 131 Russell D. Bergquist Disturbing the Peace - Guilty $30.00 132 Gerald L. Lucero Disturbing the Peace - Guilty $30.00 133 Joseph P. Riddle Larceny - Guilty $60.00 134 David C. Collins Illegal Parking - Guilty $ 8.00 135 L. Steve Ruder Parking in Fire Lane - Guilty -0- 136 David C. Peterson Special Hazards -- Guilty $27.50 1.37 Robert T. Lazier Violation of Uniform Building Code Sections 1305 & 1714 -- Dismissed 138 Ronald Riley Illegal Parking - Pending • Parking in Fire Lane - Pending ilt ki - G l $ 8 00 139 Gregory A. Kelchner y u Par ng Illega . 140 Paul Clark, Jr. illegal Parking - Pending Failure to Appear - Pending 141 Rudy M. Vigil Drunk & Disorderly - Pending 142 Elvin C. Bland Indecent Exposure - Pending 143 Robin J. Gardner Larceny - Pending 144 Hubert'Karmeisool Drunk & Disorderly - Pending 145 Francisco Gonzales Trespassing - Pending 146 Joseph Costales Impeding Traffic - Dismissed 147 Pamela A. Wedlake No Safety Inspection - Pending 148 David H. Hannah Speeding - Pending 149 David M. Coe Speeding - Pending ? r n V Nl l bl Ci A ? .J.. J f rf / f . 'Receipts for January 1973 are included with this report. The Pr total amount is brok en down as follows: Traffic Fines: $39.50 Other Fines: $245.00 Court Costs: $55.00 TOTAL: $339.50 0 1 Catherine L. Stone, Clerk 9 E VAIL MUNICIPAL COURT December 1972 DOCKET 36 39 40 49 69 71 DEFENDANT Tim A. Stone Thomas A. Simon, Patricia Marinello Glenn Bei.nfest John Murphy Carl Schureestedt CHARGE & DISPOSITION RECEIPTS Illegal Parking - Pending Illegal Parking - Pending Illegal Parking - Pending Illegal Parking - Pending Illegal Parking - Pending Illegal Parking - Pending Assault & Battery - Pending Wrong Way on One-Way - Guilty $25.00 Motorcycle in Core - Guilty Reckless Driving - Guilty* $55.00 Careless Driving - Dismissed Failure to Comply with order of Police Officer Disobeyed Stop Sign (4 counts) -- Dismissed Littering - Pending Failure to Appear - Pending No Safety Inspection - Not Guilty $30.00 Failure to Appear - Guilty Illegal Parking Pending Careless Driving - Guilty $25.00 Disobeyed Stop Sign - Guilty Drunk & Disorderly - Guilty $55.00 Assault - Guilty Parking in Fire Lane - Pending Failure to Appear - Pending 75 James A. Rosa 76 Peter G. Wyman 78 Danny Arguello 0 79 Konrad Oberlohr 80 Peter Ventres 85 Jeffrey N. Houston 89 William Dickinson 92 John Shalosky 0 95 Jack D. Beals *Initial sentence was to work for the Town of Vail for 30 days. Since this is not possible, resentencing is scheduled for January 24, 1973. December 1972 - 2 • VOQKET DEFENDANT CHARGE & DISPOSITION RECEIPTS 97 Melanie Hyrnyk illegal Parking - Pending 98 Wolfgang Herzog Following too Closely - Pending 99 100 101 104 105 106 107 108 109 110 ill 112 113 114 115 1.16 117 118 119 Limitations can Passing - Pending Robert M. Kendall Disobeyed Stop Sign - Guilty Jane Kelleher Illegal Parking --trot Guilty Susan Brenden Wrong Way on One-Way - Guilty Wilhelm P. Blystad Disobeyed Stop Sign -? Guilty Larry Parsons Drunk & Disorderly - Guilty Disturbing the Peace - Guilty Stuart Houk Dog-at-Large - Guilty Craft Lofland Impeding Street Maintenance - Guilty Timothy Reuling---- -Expired Safety Sticker - Pending Failure to Appear - Pending Brad Straver Disobeyed Stop Sign - Guilty Lloyd L. Thomas Drunk & Disorderly - Guilty Arkidaj Birjulin Impeding Street Maintenance - Guilty Richard Broeker Impeding Street Maintenance -- Guilty Gerhard Kurt Lenz Improper Passing - Pending Jerome Blackwell Dog-at-Large - Pending Failure to Appear - Pending Joseph Yarmolovich Impeding Traffic - Guilty Rodney Cain Wrong Way on One-Way - Not Guilty Edwin Young Disobeyed Step Sign - Dismissed Charles Betts, Jr. Impeding Street Maintenance - Dismissed Lloyd Thomas 120 Peter Ventres 121 Charles Morrison Maliciously Destroying Property - Pending Illegal Parking - Guilty Failure to Yield Right-of-Way - Guilty $25.00 $10.00 $ 5.00 $55.00 $ 5.00 $10.00 $15.00 $25.00 $ 5.00 None $ 5.00 $14.00 $10.00 December 1972 - 3 w ' DO' KET DEFENDANT 122 Dollie Shaw 123 Fred Simpson 124 John Ivison 125 George Longstrith 126 Dan Livingston 127 Lawrence Benway 128 Amado Lovato • Receipts for Decembe with this report and Traffic Fines: Other Fines: Court Costs: TOTAL: CHARGE & DISPOSITION Parking in Fire Lane -- Pending Illegal Parking - Guilty Illegal Parking - Pending Parking in Emergency Zone - Pending Illegal Parking - Dismissed Illegal Parking - Pending Illegal Parking -- Pending Failure to Appear - Pending Disturbing the Peace - Guilty Resisting Arrest - Guilty RECEIPTS $ 3.00 $55.00 C 1972 total $432. The total amount is enclosed is broken down as follows: $187,00 $175.00 $ 70.00 $432.00 Also enclosed is a check for $50.00, which is the amount of bond posted in the People vs. Marilyn Stewart on September 30, 1971. This case was held open pending notification that Mrs. Stewart had received effective counseling from her minister. This noti- fication has not been received. Catherine L. Stone, Clerk • 1 • 11d°ti of VOL box i oo . vail, colorado 81657 • 303. 476-5613 M E M O R A N D U M TO: Members of The Town Council FROM: Sign Review Board SUBJECT: Vacancy on Sign Review Board Mr. Richard Cole, a resident of the Town of Vail has made application for the vacancy on the Sign Review Board. The Sign Review Board has reviewed Mr. Cole's qual- ifications, and would recommend him to fill this vacancy. It should be noted that Mr. Cole's application was the only one submitted for the current vacancy. This factor, however, did not influence our recommendation. Chairman Sign Review Board JM/spt i t MINUTES ti• REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L FEBRUARY 6, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., February 6, 1973, in the Council Room of the Vail Municipal Building. Mayor John A . Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney The first item on the agenda was the second reading of Ordinance No. 1; AN ORDINANCE ACCEPTING THE DEDICATION OF PUBLIC RIGHTS-OF- WAY, THE SAME BEING LOCATED WITHIN VAIL VILLAGE, SEVENTH FILING, WITHIN THE TOWN OF VAIL. The title was read in full by the Mayor and the audience advised that copies of the ordinance were available. After some discussion, the Council was polled as to whether they had read and understood the ordinance. Each member indicated that he had. Council- man Donovan moved the ordinance be adopted; Councilman Staufer seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor. The Mayor indicated that the motion carried and the ordinance was adopted. The second reading of Ordinance No. 2; AN ORDINANCE PROVIDING FOR THE REVIEW OF ALL APPLICATIONS FOR BUILDING PERMITS FOR CONSTRUC- TION WITHIN THE TOWN OF VAT L, was next on the agenda. The title was read in full by the Mayor and the audience advised that copies of the ordinance were available. In the discussion of the ordinance, Mr. Amato expressed support for the ordinance but pointed out what he found to be mechanical problems. Asking for working drawings could be unfeasible because of the economics involved. He would ask that the Council require preliminary plans only and that the review be made from these. He also expressed concern that the time periods contemplated presented problems for the developer. Mr. Amato stated that any plans that were.submitted prior to the final adoption of the ordinance could not be reviewed. The Mayor disagreed, stating that -the reviews which have been done were an accommodation to the developer and, if illegal, could be done again. It was clarified that plans for which an applica- tion for a building permit had been filed previous to the first reading of the ordinance were not legally subject to review. Mr. Kindel asked if the Council were comfortable with the legalities of architectural review; the Mayor responded that he would like to see it become more of a legal function of the Town. Councilman Bailey stated that he would like more clarification on anticipated revisions of the zoning ordinance. Mr. Robinson replied that if the criteria for the new zoning ordinance were available, the interim ordinance would not be needed. This opinion was supported by Councilmen Staufer, Steinberg, and White. Mr. Minger added that the planning consultants are working on the zoning ordinance and, as the various sections are available, they will be enacted. r? At this point in the meeting, Bob Royston, a planner from the firm of Royston, Hanamoto, Beck & Abey, made a short presentation regarding the Town of Vail Master Plan. Mr. Royston pointed out the tremendous growth rate of Vail and how his firm is looking at all aspects of the area to determine how this can be controlled. Mr. Royston also pointed out some specific areas that the firm is reviewing: 1. the present recreational amenities and the designa- tion of what recreational needs are not being fulfilled; 2. the present pedestrian core circulation and possible improvements; 3. a valley-wide bicycle and hiking trail system; 4. a land-use and development plan for the Antholz property; 5. a possible Interstate noise buffer zone; 6. a better entry into the Town of Vail; 7. a comprehensive transportation system; and 8. a long-range open space/greenbelt program. In addition, his firm sees as parts of its task, assisting an owner in the evaluation of his non-developed land and developing a reviewing procedure for the evaluation of developments. Following this presentation, the next item on the agenda was the appointment of a person to fill the vacancy on the Sign Review Board. Councilman Donovan moved that David Cole be appointed; Councilman White seconded, approval was unanimous. The minutes of the meeting of January 16, 1973, had been previously submitted to the Council. Councilman Bailey moved they be approved; Councilman Langmaid seconded; approval was unanimous. In regard to unauthorized parking on private property, Ted Kindel pointed out that private parking areas are always full with no means of enforcing the private nature of these lots. He asked the Council for some legislation that would provide means of enforcement. No legislation was drafted, but a com- mittee including Gary Wall, Ted Kindel, Joe Staufer, and Larry Robinson was appointed to study the problem and propose solutions at the next Council meeting. Returning to the question of Ordinance No. 2, Mr. Amato presented a proposed amended Section 4, providing for the review of preliminary plans. Councilman Donovan moved to include the amendment; Councilman Steinberg seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor of the inclusion. The Council was then polled as to whether they had read and understood the ordinance, each indicated that he had. Council- man Donovan moved the ordinance be adopted, as amended, Councilman White seconded. Councilmen Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; Councilman Bailey voted against. The Mayor declared that the motion carried and the ordinance was adopted. As there was no further business, the Town Council adjourned at 9:35 p. m. The Local Liquor Licensing Authority was convened at 9:40 p.m. A hearing was held on the application of Henschel Lyon, Ltd. for a retail liquor store license, the verbatim record of which may be found on tape in the files of the Town Clerk, Municipal Building, Town of Vail, Vail, Colorado, 81657. Fol- lowing the hearing on the application, the Mayor informed the applicant that the Authority will reach a decision within 30 days and the applicant will be notified by certified mail. As there was no further business, the Local Liquor Licensing Authority was adjourned at 12:15 a. m. P? 1,?-'_XO Town Clerk Page 2 MINUTES SPECIAL JOINT MEETING TOWN COUNCIL OF THE TOWN OF VAT L AND BOARD OF DIRECTORS/VAIL WATER AND SANITATION DISTRICT FEBRUARY 9, 1973 A special joint meeting of the Town Council of the Town of Vail and the Board of Directors of the Vail Water and Sanitation District was convened at 10:10 a. m. , February 9, 1973, in the Conference Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Josef Staufer Tom Steinberg Gerry White The following members of the Board of Directors were present: John Dobson Josef Staufer Gerry White Also present were: Terry Minger, Town Manager Eric Edeen, County Sanitarian Kent Rose, Town Engineer Mr. Minger explained that recently there have been problems in both the Vail sewer plant and the Upper Eagle Valley plant. The Town has a 3- year agreement with the Upper Eagle Valley Sanitation District to send sewage to the Avon plant where it is treated for 38 cents per 1 ,000 gallons. The Vail district entered into this agreement rather than expand their plant two years ago; it is beneficial to UEVS in that they need the revenue and, at the time, they needed the flows for the efficient operation of the system. A fact sheet was distributed which indicated the extent to which the system has been overloaded recently. During this time, the Vail system never exceeded the state standards for BOD; the standards for, settleable solids and turbidity were exceeded, however. There have been some operating difficulties with the Vail plant; in the past it would treat 750,000 gallons, but lately only 500,000 gallons have been treated. The Environmental Protection Agency has made some suggestions for improvement, which we are trying to implement; it might be possible to have one of their experts make further observations and studies of our system. Some portable treatment plants with a capacity of 75,000 gallons each might need to be used. The Avon plant is, likewise, probably not as efficient as possible. The proposal from UEVS is that if Vail will sign a contract with them for continued cooperation, they will expand their plant this summer. It may be that the District needs to say that if the system is not solved by this summer, no more taps can be allowed. In addition, the UEVS is willing to enter into a management agreement with the Town. The Town does have the people and knowledge to manage this District. However, it would not be a good idea at this time to try to combine the two districts, due to the poor, financial condi- tion of UEVS. It might be possible to buy the Bighorn portion from them to t merge with the Vail District. . A6 • 1 • • Mr. White asked what were the specific.plans for the summer. As portions of the present Vail plant have the potential capacity of 1,000,000 gallons, an attempt will be made to build the deficient portions up to this level. This would enable the plant to accommodate all the construction from last sum- mer which is not yet tapped on; there are approximately 2100 beds in this category, assuming 3000 people at 100 gallons per day per person, this increases current loads by 300,000 gallons. Mr. Rose noted -that if the District is willing to sign another contract with the UEVSD, Ken Richards says he can double their plant capacity by the end of the summer. Councilman Steinberg noted that Senate Bill 35 allows taps onto the lines to be halted when the capacity is reached. Mr. Minger agreed but the problem is to define the precise figures for the level at which the plants are overloaded. After some further discussion, Councilman Staufer suggested that the $600,000 in unissued bonds of the Water and Sanitation District be used "to purchase the Bighorn portion of the UEVS system. He was not in favor of taking on the problems west of Vail, however. Councilman Steinberg dis- agreed; his feeling was that if the opportunity exists to get a management contract with the UEVSD, advantage should be taken of it. He also suggested that an attempt should be made to go to tertiary treatment; a third stage which removes phosphates and nitrates. Councilman Donovan inquired what the potential for a lawsuit against the Town or UEVSD is. Mr. Minger felt that it would be possible that if a person were told that he could not tap onto the lines, he might sue. A pollution lawsuit might be a possibility, although the Vail plant is within the rather lenient state standards. Another item to be considered is the financial one; if the District does not allow any more taps, the lack of the fee payments might make it impossible to pay for plant improvements. Councilman Steinberg suggested that in this case the tap fees might have to be increased. Further items of discussion were: 1 . to what extent the state pollution standards vary from the ideal standards; 2. the possibility of a study of the situation by the Ken R. White Company; 3. the failure of the county to as yet make a deci- sion on projects which would be tapping onto the UEVSD lines; 4. whether there is enough land at the Vail plant to permit expansion, a question which was settled with a qualified affirmative; 5. if a management contract were signed, the efficiency of the UEVSD plant might be able to be improved; 6. the alter- natives if Vail could not send a portion of its sewage to Avon; 7. the possibility of political resentment down-valley if a management agreement were signed, however, these areas do have representatives on the Board which would have to make the agreement. Discussion brought out that such a contract should not cost the Vail Water and Sanitation District taxpayers any money; the UEVSD has its own mill levy. Mayor Dobson summarized that it was basically agreed that the Town should attempt to consolidate the Bighorn area with the Vail district and attempt to get a management agreement for the areas west of here. Mr.. Minger stated that another meeting will be held at which the staff can present more detailed information as to what the options are, what the costs are, and what the time frame is. The Ken R. White Company will be given approval to begin their studies and an attempt will be made to obtain the services of a man from the Environmental Protection Agency. The meeting adjourned at 11:30 a.m. Town Clerk -11 J 111141 Secret ry ZUC Page 2 VAIL WATER AND SANITATION DISTRICT UPPER EAGLE VALLEY SANITATION DISTRICT RECORD OF FLOWS FROM NOVEMBER 24, 1972 TO FEBRUARY 5}1973 AVERAGE DAILY FLOWS CALCULATED ON A WEEKLY BASIS WEEK BEGINNING UEVSD VAIL TOTAL (rated capacity) I, 000, 000 500,000 11500,000 11 -24-72 6 72, 875 617,250 1, 290,1 2 5 11 - 28 -72 543,428 496, 142 11039,570 12- 5 - 72 62 3,7 14 498,714 I, 122,428 12- 12 - 72 687,857 53 1, 857 11219,714 12- 19 - 72 759,571 588, 142 1,347,713 "' - 26- 72 9 1 5, 857 615, 428 1, 531 , 285 -- 2 - 73 931,428 467,428 11398,856 1 - 9 - 73 851, 857 4 1 3, 142 It 264,999 1 -- 16 - 73 746,428 474,428 11220,856 1 - 23 -73 995,000 226t571 112211,571 1 - 30 -73 758, 142 459,714 11217,856 During this ten and one-half week period the Vail sewage treatment plant exceeded rated capacity a total of thirty eight days; the UEVS D sewage treatment plant exceeded rated capacity a total of four days; the total combined system a total of even consecutive days, a listing of which follows: 12-27-72 12-28-72 12-29-72 12-30-72 12-31-72 l -73 1- 2-73 I, 5 14, o00 It 579,000 I, 576, 000 1,600,000 13556,000 1,569, 000 1,530,000 t MINUTES REGULAR MEETING TOWN COU NCI L OF THE TOWN OF VA 1I- FEBRUARY 20, 1973 A regular meeting of -the Town Council of the Town of Vail was convened at 7:45 p.m., February 20, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present. Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney First to be discussed was the question of the Bighorn annexation. Given that property annexed must be 1/6 contiguous to the present Town boundaries, Mr. Minger explained a map which showed the two-step procedure which would be used to gain this contiguousy. Some non--developable lands would not be included in these annexations; they could be annexed at a later date. A fact sheet on the pros and cons of annexation was then discussed. Mr. Minger noted that the Fire District is not included in this assessment as the Board of Directors of that District has not yet been contacted to ascertain their attitudes toward such a plan. Councilman Langmaid noted that as the Bighorn area has its own fire district at present, this district would have to be disbanded or in some way incorporated into the Vail District. At present, the Bighorn District has a contract For fire protection with the Vail District. In regard to a consolidation of water districts, the Bighorn area would bring their water rights with them in such a case. Councilman Langmaid inquired what 'faci I ities would produce the estimated $7,000 additional sales tax. Mr. Minger indicated that this would come from the lodging facilities plus the areas covenanted commercial. In response to further questions, Mr. Minger noted that the estimates of the cost of services in the area are debatable; however, there are other possible revenues not yet calculated such as funds from the Road and Bridge Fund. In those areas not yet paved, a special assessment district would be formed to fund the paving. Any new construction would be paved as required in the Subdivision Regulations. The separate operations of the Town and the Districts were explained; this makes impossible the transfer of funds from one to another. In regard to the methods by which land for public purposes would be obtained, the stream tract would be obtained in the annexation procedure; open space and land for recreational amenities could be obtained in the zoning procedure. Currently, a negotiated 8 percent of a development is provided For recreational lands. In addition, if a development Fee were charged, these monies would be placed in a special amenities fund. A partial list of the developers in the area and inventory of lands available has been compiled. There are probably 250 to 300 acres still undeveloped. A member of the audience suggested that the figures being used to determine the increased taxes on the Bighorn homeowner are too low. He also suggested that the Town of Vail is not yet meeting its obligations within its own boundaries; his interest was in how the Town is going to finance the improvements it still needs. Mr. Minger noted that, in relative terms, the mill levy is inconse- quential to the financing of the Town. The largest part of the town's revenues come from the sales tax. The projected amount of money which will be required to finance parking improvements, cultural amenities, sewer and water improve- ments, park lands and other improvements is 10 to 12 million dollars. Cur- rently, the Town could pay for about 4 million dollars. An additional revenue source, most likely an additional sales tax, will be needed. In any case, such an amount of money could not be obtained from the property tax. A member of the audience noted that one important consideration is the For- mation of a viable community. It is difficult to have a viable community when large population centers are not included. There was general agreement with this statement. Mr. Riley, a developer, and resident of the Bighorn area, endorsed this statement and added that, although there are some disadvantages to annexation, it is necessary to insure proper controls in the .area. Some proposed projects in the area are substandard; in order to ensure the quality of surrounding developments, it is to the developer's advantage to support annexation. Mayor Dobson noted that the general purpose of the meeting was philosophical, to obtain a sense of the Council's attitude toward the proposal. Councilman White was of the opinion that the annexation should proceed as soon as possible, whatever planning tools are implemented within the present boundaries are made less effective if not implemented outside of these boundaries. Councilman Langmaid was favorable to the proposal, but would like to know how the people of the present town view the proposal. Councilman Staufer likewise was in favor and added that he felt the people of Bighorn need representation in the Town government. Councilmen Donovan, Steinberg and Bailey were also in favor, adding the comments that the Town might have to assume some extra costs for the first few years and that it will be difficult to begin negotiations until the revised zoning ordinance is completed. Mayor Dobson noted that this ordinance should be completed in 90 to 120. days. Discussion ended with the comment that the Bighorn residents have received a clear concensus that the Council is in favor of the annexation. Ted Kindel, representing the committee on unauthorized parking on private property, reported that they would ask the Council for an ordinance permitting the Police Department to ticket cars parking on private property in violation of specified time periods and date periods. An attempt will be made to install uniform signs. The burden of everything but the actual writing of the ticket should rest with the property owner. The program will be evaluated after a few months of operation. An ordinance will be drafted for the next meeting. Mr. Dave Gorsuch had submitted his resignation from the Planning Commission. Councilman Donovan moved this resignation be accepted; Councilman Bailey seconded; approval was unanimous and the resignation accepted with regret. The vacancy will be advertised. Mr. Minger reported on: 1 . the goals and objectives statement which the Police Department has formulated with the assistance of Dr. Robert Emrich; 2. the proposed open house at the police department; 3. the fact that the VRA has a presentation it would like to make before the allocation of "dona- tions to organizations" is made; hence, an informal session will be held with the VRA and Colorado Rivers Council following the presentation; 4. the environmental impact study of Vail to be done by the Institue of Arctic and Alpine Research this summer. The minutes of the meetings of February 6 and February 5 had been previously submitted to the Council. Councilman Donovan moved they be accepted; Councilman White seconded; approval was unanimous. Councilman White moved the Town Council be adjourned at 9:00 p.m.; Council- man Bailey seconded, approval of,adjourn.ment was unanimous. The Local Liquor Licensing Authority was convened at 9:05 p. m. Mr. White moved the license for Henschel Lyon, Ltd ..be approved; Mr. Donovan seconded. Mr. Bailey, Mr. Donovan, Mr. Staufer and Mr. White voted' in favor; Mr. -2- Langmaid and Mr. Steinberg voted against. Chairman Dobson declared that the motion carried and the license was approved. Mr. Donovan moved the Local Liquor Licensing Authority adjourn at 9.10 p. m. Mr. Steinberg seconded; approval of adjournment was unanimous. Town Clerk i t -3- 9 } NOTICE OF SPECIAL MEETING u 40 OF THE TOWN COUNCIL PUBLIC NOTICE IS HEREBY GIVEN, in accordance with the Charter for the Town of Vail, that a special meeting of the Town Council for the Town of Vail will be held in the Council Room of the Municipal Building at the hour of 10:00 o'clock a. m. on Monday, March 5, 1973. The purpose of the meeting is to discuss various matters pertaining to applications for building permits for construction within the Town of Vail, matters pertaining to water and sewer facilities, and related matters pertaining to building and development policies within the Town of Vail. DATED this 28th day of February, 1973, at the hour of 11:30 o'clock a. m. Z ? Town Clerk 0 t t 0vi 0 Vold box 100 • vall, colorado 83657 • 303.476.5613 • March 2, 1973 TO: TERRY MINDER TOWN COUNCIL PLANNING COMMISSION FROM: KENT ROSE JIM LAMONT DIANA TOUGHILL RE: STAFF REVIEW OF VILLAGE CENTRE The following recommendations are i made by the Town of Vail Staff after careful review of the proposed project: _ 1. We feel approval should be given only for building "B" and that the remainder of the project should be reviewed under the proposed new zoning ordinanc e and master plan. 2. Temporary parking should be furnished on the site for Building "A" and building "B" (as shown on site plan) until such time as pedestrian precinct master plan and transportation terminal plans are completed and adopted. At that time we suggest negotiations with Mr. Hibberd in an attempt to provide all parking in the transporta- tion terminal or to provide any on site parking below grade. 3. If approval is given, it should be subject to an approved landscaping plan for both buildings, with particular attention to the stream tract. 4. All trash areas should-be screened from view. 5. We suggest that the exterior treatment of the building be softened by the addition of wood veneer or other suitable natural material. a 6. All signs must be approved by the Sign Review Committee. u ?i? o' ua • March 2, 1973 box 1 o o • vail, colorado 81657 • 303.476-5613 TO: TERRY MINGER TOWN COUNCIL PLANNING COMMISSION FROM: KENT ROSE JIM LAMONT DIANA TOUGHILL RE: STAFF REVIEW OF MONTANEROS PHASE II The following recommendations are made by the Town of Vail Staff after careful review of the proposed project: 1. We strongly recommend the removal of the attached cv,?unercial space as. it is not an integral part of the design for the project. 2. Parking should not be allowed in interior court yard. These spaces would not be required if the commercial space is removed. Heavy landscaping could then be provided in this court yard which should be pedestrian oriented. 3. It is also suggested that parking be removed from the north side of the building and that a parking concession for approxi- mately 10 spaces be granted so parking can be removed from the south side of building adjacent to tract land. 4. Final approval should be subject to an approved landscaping plan. 5.. We feel decorative screening could be provided for underground parking on both existing and proposed structures so that cars are less visible from the pedestrian areas. ,. 0. OV'i10. V21. i • x box too . vail, Colorado 81657 . 303.476.5613 March 2, 1973 Staff Review Page 2 6. It is suggested that alternate treatment of foundation areas on both structures could be used to hide the unsightly concrete foundation walls. We would suggest a natural material such as moss rock. 7. A children's play area could be incorporated into the central court. 8. All signs must be approved by the Sign Review Committee. ?J r .Uk10 B., Vol'. • 01. March 2, 1973 t q box 1 o0 . vaiI, coiorado 81657 * 303 • 476.561 3 TO: TERRY MINGER TOWN COUNCIL PLANNING COMMISSION FROM: KENT ROSE JIM LAMONT DIANA TOUGHILL RE: STAFF REVIEW OF VILLA CORTINA The following recommendations are made by the Town of-Vail Staff after careful review of the proposed project: Since the parking area is completely heated and snow storage will not be a problem, we suggest that they be allowed to use parking spaces 91 x 18' with a 24' aisle. This would allow the parking to be moved back from the property line 3' so that landscaping could be incorporated into the area south of the Fire Station. 2. Planter boxes could be used to efficiently break up the parking area, particularly in the summer when less parking is being used. 3. We suggest that the retaining walls adjacent to the ramp to underground parking be treated with stone, brick or other de- corative material to relieve the monotony of large expanses of asphalt. Parking in the above grade parking could be screened by adding a small wooden fence to the top of the retaining wall. 4. 1f clear-any ?,?,al-atscou-ld--be---incorporated A)ve ' d sort-ion--£f the_-. 'ALP -F•.rL-- S ? ]12G:r?{U-Q?a? {???)?LrtW1 5. Heavy landscaping should be concentrated in the area adjacent to the green belt area. + 1? .0 C.., Coal. March 2, 1973 b o x l o o • v a i E , co l o r a d o 8 1 6 5 7 • 3 0 3. 4 7 6. 5 6 1 3 TO: TERRY MINDER TOWN COUNCIL PLANNING COMMISSION FROM: KENT ROSE JIM LAMONT DIANA TOUGHILL RE: STAFF REVIEW OF LIONSHEAD LODGE ADDITION The following recommendations are made by the Town of Vail. Staff after careful review of the proposed project: 1. Landscaping plan should be approved, with emphasis on the area around the entry and adjacent to the green belt area. 2. We suggest that. some type of brick paving or similar material be used in the entry area to create interest in this area. 3. Letter of approval from Vail Associates for ingress and egress for driveway on Tract I must be obtained. 4. A children's play area could be?incorporated into the land- scaped area on the south side of the building. 5. If a retaining wall is used adjacent to the parking ramp, we suggest it be treated with some type of stone or other natural material. 6. Since Tracts I and J have been set aside for the drainage ease- ment, drives should be designed to provide for surface water. 7. All signs must be approved b.y the Sign Review Committee. ?r - ,,,, r, in ,? „do?z-treatment $. Rte, s?e?t?t?n--eould--be-?? „?:en ? 3?•-.-u?. g--?' , Ily i i vo ?t Va • • box ioa + rail, colorado 31667 . 303.476.5613 'March 2, 1973 TO: TERRY MINDER TOWN COUNCIL PLANNING COMMISSION FROM: KENT ROSE JIM LAMONT DIANA TOUGHILL RE: STAFF REVIEW OF VAIL INTERNATIONAL The following recommendations are made by the Town of Vail Staff after careful review of the proposed project: 1. We recommend that a parking concession for eight cars be granted so that parking would not be necessary on the east portion of site adjacent to Middle Creek. This area could then be heavily landscaped to screen parking area from green belt. 2. Landscaping should be increased toward Middle Creek and approval should be subject to an approved landscaping plan. 3. Attention should be brought to the fact that the southwest corner of the building is approximately 111from a 12" water main. The building is legal as situated, but the water line could be damaged in the process of construction and if possible building should be relocated. 4. All signs must be approved by the Sign Review Committee. 5. Landscaping should be used to screen parking from view from the Frontage Road. This could be accomplished by using heavy land- scaping toward the west entrance and by planting along the Fron- tage Road in cooperation with the State Highway Department. r 1 1 V8 is March 7, 1973 Y box 100 . Vail, colorado 81657 • 303.476.5613 TO: TERRY MINDER TOWN COUNCIL PLANNING COMMISSION FROM: KENT ROSE JIM LAMONT DIANA TOUGNILL RE: STAFF REVIEW OF SNOWBIRD LODGE AN'^ S I P.? I [d I UPf? Snowbird Lodqe The Town staff feels that this is the type of project the Town Council has been attempting to avoid through the design review process. We feel that this type of project should be discouraged and we would like to bring to your attention the facts that make this project undesirable. 1. The building exceeds the F.A.R. by 1752 s u ?A f.,Qt Wr-.aRproxi- ma+plv c?ss77-57-3 c? iII?i 0dVCiu?r?r awNi y for a zero setback variance at the east ana weST proyeriy H-pes. 2. Developer also applied for, and received, a variance from the Uniform Building Code to allow openings.(doors, windows, etc.) closer than 3f from property lines. 3. Parking variance has been applied for as spaces measure only 91 x 18' with a 24' aisle. There are only 70 spaces provided and 78 are required by present parking ordinance. 4. Proposed deck to Gondola building will not be permitted as it crosses a major utility easement. This is prohibited also by protective covenant. Deck would exclude fire equipment from the Gondola building as this is the only existing fire access. T-be re i s a I zu a Yc3s' h i I ? +,1 of th i for thT-F-iR2--__p-g7 -F I n the nrqHez- .tea . 5 We ques't' Tt?ii IIu#-zreea i n -a- Ile r K. as it-+-s_._set 6 0 v e 5 n1 r* : +? `ter A ?.._ b y b?4? n g an d N a r7 i t i g a4-1- o4i4m:?,g 8 I invs I ^fi-? I - nrlcl'7 -44 e .' e. 7. Any approval for this project should be subject to an approved landscaping plan and all signs are subject to review by Sign Review Committee. 1 ? )k'lll l` Vn ? • March 2, 1973 Y box loo • Vail, Colorado 81657 • 303.476-5613 TO:' TERRY MINGER TOWN COUNCIL PLANNING COMMISSION 71 L FROM: KENT ROSE JIM LAMONT DIANA TOUGHILL RE: CONOCO ADDITION The following recommendations are made by the Town of Vail Staff after careful review of the proposed project: 1. Approval is subject to an approved landscaping plan. Conoco has agreed to provide any landscaping which we might require. <:::15-T i? VL.,,XLrT ,e-7 f--)-- a ?Q 4ad hua_.-.& won Cher trcT.o_..._ e. wessdifw't?ie..co. 3. A hipped roof is suggested in lieu of the roof detail proposed so that it will be compatible with existing building. .F. Exterior walls should be of similar material as existing building. 5. Fencing at least 6' tall should be provided to screen car, storage area from view. It is suggested that a com- bination of stone or brick and wood be used for the fences. 6. -Sign must be approved by the Sign Review Committee. 7. Only one bay should be allowed to open to the frcnt and the overhead door for this bay should be treated with some type of stained :-rood to harmonize with exterior of building. D " f MINUTES SPECIAL JOINT MEETING TOWN COUNCIL OF THE TOWN OF VAI L AND BOARD OF DIRECTORS/VAIL WATER AND SANITATION DISTRICT MARCH 5, 1973 i A special joint meeting of the Town Council of the Town of Vail and the Board of Directors of the Vail Water and Sanitation District was convened at 10:30 a.m., March 5, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following . Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White The following members of the Board of Directors were present: John Dobson Ted Kindel Josef Staufer Gerry White The following representatives of the Upper Eagle Valley Sanitation District were present: John A mato Fred Green Lee Whiteman Also present were: Terry Minger, Town Manager Stan Bernstein, Finance Director Kent Rose, Town Ehgineer Eric Edeen, Town Sanitarian Pete Burnett, Street Superintendent Tony Rossi, Sewer Plant Superintendent Mr. Minger explained that the Ken R. White Company had been engaged to study the ability of the two districts to treat sewage and provide water in both the short and long term. Mr. Dasel Hallmark, a representative of that firm, explained that population, both current and projected, is a very important variable in their study. In the future, the largest growth will take place downstream from Vail at a rate of approximately 2,000 people per year. The sewage flow records for the Vail Plant for 1972 indicate that the peak was in June; a time not in line with either population or water consumption. Likewise, at 4:00 a. m. , when there is little water consumption and hence, should be little sewage generated, the flow records still show a rather heavy flow. These factors point to infiltration of the lines. Some graphs which attempted to separate the amount of the flow that is actual sewage from that which is infiltration were explained. Some of the figures used to make the projections are that average daily consumption is around 100 gallons per person, with 80% of the water finally going through the sewage treatment plant. The operations of the Vail sewer plant were explained. - Parts of the plant are capable of going above 1 million gallons per day. One important factor is to be able to adjust the operation to changes in flow. . It was recommended that enough equipment be acquired to allow these adjustments. When the adjust- ments are made,. the current clarifier will handle 750,000 gallons. In order to go to 1 million, an additional clarifier needs.to be added. In order to design the clarifier, a decision must be made on the approach to be taken toward infiltration. The design would vary depending upon the type of flow going through the plant. In order to expand the Vail plant to 2 million gallons, an aeration system would be required. Currently the Vail and Avon plants have a combined capacity of 1.5 million gallons. The operation of the Avon plant was explained. The size of their clarifier limits the plant to 800,000 gallons per day. If this were improved, the capacity would be 1.2 million. Additional suggestions were that: 1. the aerobic digestor is too small; 2. a skimming device is needed; 3. the • plant, with the exception of the sludge beds, needs to be covered in order to assure proper temperature. The Avon p lant also needed to acquire more laboratory equipment. It was suggested that when the sludge beds cannot be used, a septic tank truck be used to transport the waste either to Vaii or to a landfi l I. A member of the group asked if Mr. Hallmark thought the work done last summer in the Bighorn area would be effective against the infiltration. Mr. Hallmark indicated that the flow records show when the work was done; hence, it might have been effective. Normal infiltration is 200 gallons per mile of line. Excess infiltration can be located by measurements between manholes or by using TV equipment in the lines. When found, the lines can either be sealed at the key points or plastic liners can be placed in the lines. Councilman Steinberg inquired if the Vail system had experienced much infiltration prior to the construction of the UEVS system; Mr. Burnett indicated that there had been very little. Mr. Minger summarized that the steps to be taken by the Vail district are : 1 . the halting of infiltration; 2. the operation of the plant more efficiently; 3. the addition of baffles and a concret wall, bringing the capacity to 750,000 gallons with a potential for a million gallons for short periods; 4. the addition of a clarifier to bring the capacity to 1 million gallons with a peak-period capacity of 1.5 million gallons. These improvements could be completed by next December. Mr. Hallmark suggested that it is neces- sary to decide to what extent the two plants are going to be viewed as an integral system. Mr. Minger suggested that the EPA is involved in this decision. Mr. Amato, speaking for the UEVSD, noted that they have arranged for a bond issue to provide funds for the lab equipment, skimmer and cover for the plant. They are prepared to spend $100,000 to further curtail infil- tration this summer. The extent of the work to be done will not be known until the spring, when the effects of last summer's work can be assessed. Mr. Minger asked, based on the Vail plant expanding to 1.2 million and the Avon plant to 2 million, if that would handle the valley's problems. Mr. Hallmark noted that that would take care of the situation until 1976. If the Avon plant only expanded to 1 .1 million, the situation would still be in control until 1975, if 80% of the infiltration were stopped. He recommended that before any major work is done on either plant, the long-range solutions be considered. Councilman. Staufer inquired if it were sensible to operate two separate systems, with Vail and Bighorn in one. Mr. Hallmark indicated that a major expansion of the Vail plant would have to be undertaken if that were the case. Mr. Kindel asked if ttertiary treatment would be necessary by 1978. Mr. Hallmark suggested that the District begin looking toward this type of system. One advantage would be that the water could then be re-used. Mr. Green noted that the UEVSD, was planning no major expansion for the forthcoming summer, but would expand in 1974. Discussion turned to the problem of the amount of sewerage generated by new construction in Vail during the forthcoming summer and whether the plants can handle this additional flow. Discussion also centered on the expansion of areas east and west of Vail. Mr. Hallmark noted that they are projecting 16,000 people for both plants by the end of 1973. Mr. Amato noted that the UEVSD is prepared to do those things necessary to improve the Avon plant and stop infiltration. In the long-range planning, Mr. Amato preferred the cooperative approach between the two plants. Mr. Kindel expressed his cCn cern that the clarifier cannot be designed until the extent to which the infiltration problem has been solved has been determined. Mr. Hallmark noted that the clarifier could be built in August and September after the deter- mination is made of the infiltration in May and June. He estimated that the cost of a clarifier would be less than $100,000. Mr. White moved that the corrective measures be taken in the Vail plant and that work on the clarifier be undertaken; Mr. Staufer seconded; Mr. Dobson,. Mr. Kindel, Mr. Staufer, -2- a 1 and Mr. White voted in favor; the motion carried. Mr. Staufer asked Mr. Amato how he felt about the Vail district purchasing the Bighorn portion from the UEVSD. Mr. Amato indicated that they would be willing to cooperate; however, they have some financial problems that would necessitate a study of the effect of selling some of their customers before a decision could be made. Mr. Dobson suggested that it was also necessary for the Vail board to determine what the long-range solution is going to be before making an offer to purchase. Mr. Hallmark noted that the presentation which he had made would be put into a written form. Mr. Minger stated that a meeting would be held when this report was available and exact costs and reports on the measures taken will be presented. The report on the water system will be available by mid-summer. As there was no further business, the joint meeting of the Vail Water and Sanitation District and the Town Council was adjourned at 12:45 p.m. A special meeting of the Town Council of the Town of Vail was convened at 1:00 p.m., March 5, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Terry Minger, Town Manager, was also present. In regard to the amount of growth to be expected in the forthcoming year, Councilman Bailey derived the figure of 2,200 additional people. That figure did not include Landmark and the Tennis Club as they will not be occupied until 1974. It was also pointed out that this figure did not include projects currently under construction, from which the impact has not yet been felt. Councilman White suggested that the real question is whether the Master Plan will apply to Vail before or after the forthcoming construc- tion season. Mayor Dobson noted that portions of it, the amenity fee, the landscaping bond, etc., will apply; the remainder probably will not apply this season. Councilman White differed in that he felt a greater portion of the proposed ordinance could be put into effect in a shorter time span. Returning to the question of buildings constructed, but not yet occupied, there was general agreement that virtually nothing is being occupied that was built last summer. The effect is that the impact being considered is much greater than the figure of 2,200. Mayor Dobson suggested that the. Council attempt to isolate the factors that make an increase of 2,500 people a matter of concern. He asked first if it were a matter of the skiing. Councilman White stated that he felt the experi- . ence would be significantly harmed; Councilmen Langmaid and Donovan agreed. In regard to additional areas of concern, Councilman White noted that he was concerned about summer recreation; currently, the golf course is probably meeting only 50% of the need and the tennis courts about 33% of the need. In addition, there are the visual effects of the construction which it was agreed would lessen the appeal of the resort. There was also the air pollution problem to be considered. Additional areas of concern were the parking and transportation pressure, the employee housing pressure and the pressure on the school system from the children of these employees. Councilman Staufer suggested that there was an economic effect of dumping condominiums on the market. Councilman Donovan suggested that it is also necessary to consider the impact of the day skier. The discussion was summarized as the Council is concerned about the quality of the resort: skiing; summer recrea- tion; parking and transportation; pollution; visual aspects; school impact; crowding; and economic conditions. r Mayor Dobson asked what the positive aspects of growth would be. Vail ' Associates is concerned that the reputation of Vail in financial circles will be seriously damaged by restrictions on growth. Mr. Minger expressed his concern that if the Council overreacts to growth, the ability to finance 10 to 12 million dollars of public amenities will be endangered. In addition, it might be difficult to sell the bonds if the town has the reputation of being unstable. Councilman Langmaid suggested that more support would be gained if growth were stopped. Mr. Minger indicated that the question is not whether growth is stopped, but how it is done; whether existing commitments are honored. After some further discussion, Councilman White interpreted Mr. Minger to mean, let the currently-planned building go ahead and the ordinance take effect through normal procedures. Mr. Minger acknowledged that this was correct with the addition that some changes should be made, like the development fee. Councilman Staufer agreed, considering that developers might be forced to East and West Vail by too sudden action and also that it might endanger the Bighorn annexation. In further discussion, general agree- ment was reached that an attempt should be made to purchase a portion of the Hibberd lot, although this approach could not be used in other cases. Councilman Donovan inquired as to the policy on phased projects if they attempt to build the entire project this season so as to avoid the effects of the new ordinance. Mayor Dobson did not see this as a possibility as the elements of the new ordinance will be available in a relatively short time and it would not be possible to review all stages this year, as it seems unrealistic for a developer to expect approval three years in advance. Councilman Bailey added that the approach being discussed would enable those developers with phased projects to anticipate the rules that will apply to their latter stages. Mr. Minger suggested that the Council should cut off, review of projects at some point. Mayor Dobson noted that it is unlikely that any projects remain to be reviewed for the forthcoming season. He added that a statement should be issued stating that those people who have applied for a permit or submitted plans for review have to a certain time to finish. Beyond that date., any plans will be held for the new ordinance. Discussion ensued of what date would be acceptable. Mr. Minger suggested that the new ordinance would be ready by April 1; hence, this could be the cut off date and no other plans could be reviewed after this date as the new ordinance is being reviewed. Councilman Staufer proposed a motion which included an automatic disapproval if the project required a variance. Councilman Bailey objected as he felt it was singling out only one pli6ject. In further discussion, Mayor Dobson proposed that April 1 be the deadline for plans, that June i.;be,the deadline for working drawings. Councilman White moved that, plans received by April 1 will be reviewed; after April 1, all reviews will cease. He further moved .that if the project does not have an application for a building permit submitted by June 1 (having been reviewed by April 1) they will not come under the old , ordinance. Councilman Donovan seconded; Councilmen White, Bailey, Donovan, Staufer, Steinberg and Dobson voted in favor; Councilman Langmaid voted against; the motion carried. There was general agreement that an ordinance establishing a recreational fee should be passed before approval is given to any of the projects. The facilities for which it should be used and the types of construction which should pay were further discussed. Mr. Robinson.noted that it would be difficult to tie the fee to the occupancy permit as the issuance of a building permit implies that the occupancy permit will follow if the building code has been followed. There was general agreement that the credit should be considered and the fee should be $1 .00 per square foot. The staff was instructed to draft the ordinance. As there was no further business, the meeting adjourned at 4:15 p.m. MINUTES REGU l_.AR MEETING TOWN COUNCI L OF THE TOWN OF VAI L MARCH 6, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., March 6, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney The meeting was first convened in joint session with the Boards of Directors. of the Vail Water and Sanitation District and the Upper Eagle Valley Sanita- tion District. The following members of the Vail Water and Sanitation District were present: John Dobson Ted Kindel Josef Staufer Gerry White Mr. John Amato, of the Upper Eagle Valley Sanitation District, was also present. Mr. Minger explained that a study of the=sewerage systems of the area had been undertaken by the Ken R. White Company. Mr. Dasel Hallmark of that company was present to review their findings. Mr. Hallmark explained that three important variables in such a study are population, infiltration, and the actual amount of sewage. Population can be used to project the amount of sewage which should be generated; if the flow records indicate that a larger amount is being processed, the difference indicates the amount of infiltration. The elimination of infiltration in effect increases the. capacity of the plant to treat actual sewage. The peak Flow in 1972 for the combined Vail and Avon plants occurred in June and was 2.2 million gallons. The Vail plant will currently accommodate 750,000 gallons; it is limited by the size of its clarifier. The Avon plant is currently limited to 800,000 gallons. They have recommended that both plants obtain enough laboratory equipment to properly operate the facilities. In addition, they have suggested that a schedule of operation be established For both plants. For the Avon plant they have recommended that portions of the operation be covered, that a skimming device be added to the clarifier, and that an automatic .re-set be installed on the aerator. In the Vail plant, a measuring device on the return pipe has been suggested as well as a concret wall in one of the tanks. To increase by a larger amount the capacity of the Vail plant, the addition of a clarifier has been suggested. This would bring it to 1.2 million gallons. Mr. Minger indicated that, in addition to this study, an expert in stream health has been retained to study the operation. He also noted that the District is • prepared to add a clarifier this summer. In regard to infiltration, it is pos- sible that some of it was halted through the work done by the UEVSD last summer. This District is prepared. to spend up to $100,000 to further correct the problem. Mr. Minger noted that the EPA is going to study the two plants and suggest steps to be taken for the long-term solution of the problems. It • i • • may be necessary to install tiertiary treatment facilities to meet the 1978 standards. In essence, Mr. Minger felt that any sewer problem which currectly exists in the area can be solved this summer. Mr. Amato expres- sed his opinion that the cooperation between the two districts has improved greatly and that, in the future, a regional approach should be considered. Mr. Ken Richards added that the capacity of the two plants by the end of the forthcoming construction season will be 2 million gallons and that further expansion will be considered for the 1974-75 season. The 2 million gallon capacity would service a population of 20,000. As there was no further busi- ness, the join meeting was adjourned at 8:30 p.m. A resolution had been prepared setting forth the Council's policy on future design reviews. This resolution was read in full. Mayor Dobson explained that the intent was to allow time for projects to be reviewed which are planned for the forthcoming construction season but which have not yet been presented to the Council. Projects which are reviewed under this resolution will be basically under the old guidelines. The hearings on the new zoning ordinance will begin around April 1. After some further discussion, Councilman Donovan moved the resolution be adopted; Councilman Steinberg seconded. Mr. Amato questioned whether,the resolution was legal; Mayor Dobson indicated that the Council would be sensitive to these matters. Mr. Robinson added that the reason for passing this resolution was to forewarn the developer of a situation, the passing of a new ordinance., which would occur without the resolution and which might cause him some expense. In response to the com- ment that there is a practical difficulty of getting working drawings in 30 days, Councilman Bailey suggested that, for all practical purposes, all major projects for the forthcoming season have been s ub mitted, and, hence, have a longer time. It was noted that most of the projects submitted to date have already been through architectural control. The vote on the previous motion adopting the resolution was unanimous. Next to be considered was a proposed ORDINANCE CREATING THE TOWN OF VAIL RECREATIONAL FUND; PROVIDING FOR THE COLLECTION OF RECREATIONAL FEES AS A CONDITION OF ISSUING BUILDING PERMITS; ALLOWING A CREDIT AGAINST SAID RECREATIONAL FEES; PROVIDING FOR PROCEDURES FOR COLLECTING AND DISBURSING FUNDS; SPECIFY- ING PURPOSES FOR WHICH SUCH FUNDS MAY BE EXPENDED; AND PROVIDING MATTERS AND DETAILS IN RELATION THERETO, The title of the ordinance was read in full by the Mayor and the audience advised that copies were available. The Mayor explained that the feeling of the Council was that the amount of growth proposed presents recreational needs that are not being met by private developers. Mr. Slifer objected that the'fees were too high, particularly in residential districts, and that the citizens should have a voice in how the funds were spent. Councilman Donovan responded that as the ordinance requires that the expenditure of funds be authorized by an ordi- nance, this would necessitate public hearings. Mr. Lapin suggested that rather than saying "the Town Council may determine other appropriate purposes," the wording should be expanded to "other appropriate purposes for expendi- tures in the area of recreational amenities." There was general agreement that this wording should be used. Mr. Lapin also objected to the various categories of assessment; he felt these could create a situation of double taxation. There was not agreement with this idea. Mr. Riley suggested that the Council view this proposal in relation to its effect on the Bighorn annexa- tion proposal. He also objected that.th? credits were not large enough and the fee too high. Another member of the audience suggested that the credit system did not work as an incentive to the developer to build amenities; surely this was the intent of the Council. Mr. Amato concurred that the effect of the fee would be to preclude annexation of outlying areas, yet the people generated by these areas would use the facilities of the Town. He also suggested that the fee should be collected at the time of the occupancy permit, rather than the building permit. An additional suggestion was that construction in "A" areas should be exempted as most construction in these areas is recreational in character. Mr. Amato also objected that persons who have had their build- ing permits withheld for Design Review would be subject to the fee due to this withholding. Mayor Dobson interjected that each developer has been informed -2- in the Design Review sessions that such a fee is anticipated. Mr. Nott suggested that, as the ordinance is written, it discourages open space; that dedicated land should be given a credit. Mr. Parker inquired how much money would be derived from the fee. Mr. Minger stated that over the next 3 or 4 years, it would be $700,000 to $800,000. Mayor Dobson added that in the 18 to 20 million dollars worth of plans that they have viewed, with the exception of one project, no amenities have been provided. In further discussion, Councilman Steinberg suggested that an alternative means of obtaining revenue would be to impose a use tax. He also sug- gested that the inequity of old property owners in newly annexed areas avoid- ing the fee would be eliminated if the County would extend the same policy to areas under their jurisdiction. In regard to the credit system, Mr. Minger suggested that developer-built amenities can never replace public ones, hence, no one should be totally exempt from a contribution to the fund. Mr. Nott suggested that, as a land developer, amenities provided by this actor are included within the land cost; hence, -there should be a credit for the incremental cost of recreational amenities provided by the land developer. Mr. Hibberd suggested that the fee should be on a graduated scale; low this year and gradually increasing. His further suggestions were: 1 . that land designated as public parks should be given credit; 2. that the Town Council should not decide what recreational amenities are given credit; 3. that the monies raised should also be available for transportation. An additional „suggestion from the floor wasthat floor area is not adequately defined. Mayor Dobson suggested that it would not be possible to reach a decision at this meeting. He added that any suggestions or comments are welcome and should be in writing. Ordinance No. 3, AN ORDINANCE PROHIBITING PARKING UPON OR WITHIN PRIVATE PARKING LOTS OR PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OVW ER THEREOF OR PERSON IN POSSESSION OR CONTROL OF SAID PRIVATE PARKING LOT OR PROPERTY; IMPOSING CERTAIN REQUIRE- MENTS UPON THE OWNER OR PERSON IN POSSESSION OR CONTROL OF PRIVATE PARKING LOTS OR PROPERTY; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced by Councilman Staufer. The title was read in full by Mayor Dobson and the audience advised that copies were avail- able. Mr. Kindel, as a member of the committee which had recommended the ordinance, emphasized that it is important for the private property owner to realize his obligations under the ordinance. The Mayor polled the Council as to whether they had read and understood the ordinance; Councilmen White, Langmaid, Staufer, Bailey, Donovan and Steinberg each indicated that he had. Councilman White moved that. Ordinance No. •3 be approved on first reading . and be published for public hearing at the next regular meeting. Councilman Bailey seconded the motion. Councilmen Bailey, Donovan, Staufer, Langmaid, Steinberg, White and Dobson voted in favor of the motion. The Mayor indicated that the motion carried and instructed the Town Clerk to publish Ordinance No. 3. Ordinance No. 4, AN ORDINANCE PROHIBITING THE ACCUMULATION OF REFUSE, GARBAGE, RUBBISH AND RUBBLE; REQUIRING CONTAINERS FOR THE STORAGE OF REFUSE; PROVIDING PROCEDURES FOR REQUIR- ING COMPLIANCE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced by Councilman Steinberg. The title was read in full by Mayor Dobson and the audience advised that copies were available. Mr. Minger explained that the current ordinance poses problems in terms of its enforce- ment by the Health Officer. Some suggested changes were: 1 , that the term "employee" be stricken from Sections 2 and 3; 2. that the term "alley" be clarified to mean "public alley;" 3. that the prohibition from placing refuse in public streets be clarified to except litter receptacles; 4. that the duty to provide containers be expanded to the duty to provide or have available. There was a suggestion for first, second and third warnings; however, this was not found to be acceptable. Rather, the person is given a notice and a reasonable amount of time to correct the situation. Mr. Lapin of the Eagle Valley Trash Service indicated that he sees no problems with the ordinance. The Council was polled as to whether -they had read and understood the ordinance; each indicated that he had. Councilman Donovan moved that Ordinance No. 4 be approved on first reading and be published for public hearing at the next -3-- ¦ regular meeting; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor. The Mayor indicated that the motion carried and instructed the Town Clerk to publish same. Mr. Minger explained that the concept of locally originated TV programming is to provide a means to communicate issues, events, meetings, etc. It is hoped that a public access channel can be gained from the cable television company. A volunteer group is currently working on a series of half hour programs. The first of these programs will be aired as "Sunday Surprise," at 5 p. m. on Channel 6 on March 11 . Mr. Minger pointed out that the attempt is being made to minimize undue political influence on the program- ming; hence, the group will function under the directorship of -the Vail Institute. The group will present a list of their equipment needs in the near future. The minutes of the meetings of February 9 and February 20 had been previously submitted to the Council. Councilman Langmaid moved they be accepted; Councilman White seconded; approval was unanimous. In order to proceed with plans for the parking structure and transportation terminal, it was necessary to sign a contract for architectural services with Mr. Ream. There was some discussion of the terms of the contract; Councilman Bailey indicated that he found them reasonable. Councilman White moved that the signing of the contract with Mr. Ream be approved; Councilman Donovan seconded; approval was unanimous. In response to a question regarding the uses to be included in the parking structure, Mr. Minger noted that March 28 there is going to be a public unveiling of the conceptual plans for the facility. Prior to this date, the plans will be on display, along with the Ginkelvan, in the plaza north of the Covered Bridge. Following the March 28 gathering, there will also be public hearings. Mayor Dobson suggested that in regard to the concepts to be included in the prelimin- ary plans, the planning commission, the study committee, and the planners who have been hired have been consulted. Also, there has been much formal and informal discussion in the community of a parking structure. A count of the informal ballots submitted in order to select a new member to the Planning Commission from the list of applicants indicated that Hans Weibel had been elected to the Planning Commission. Mr. Minger acknowledged receipt of a letter from the Leaveli Development Company, offering a counter proposal for the purchase of the property com- monly known as the Antholz property. This topic will be discussed in more detail at the next meeting. In response to a question regarding the trash franchise, Mr. Minger suggested that it is necessary for the Council to determine priorities in these matters. Mr. Elias suggested that the Cable TV franchise should be considered first. Mayor Dobson reminded the Council that there would be a meeting at 10:00 a. m. on Wednesday, March 7. As there was no further business, Councilman Donovan moved the meeting adjourn at 11:25 p.m.; approval was unanimous. Town Clerk ` • -4- 1 MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 7, 1973 A special meeting of the Town Council of the Town of Vail was convened at 10:15 a.m., March 71 1973, in the Conference Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Josef Staufer Tom Steinberg (present for the last portion of the meeting) Gerry White Also present were: Terry Minger, Town Manager Jim Lamont, Administrative Assistant Diana Toughill, Zoning Administrator Bob Clark, Chairman, Planning Commission 16 Hans Weibel, Member, Planning Commission Jen Wright, Member, Planning Commission Mr. Clancy, a developer, was present to request that his firm be allowed until July 1, 1973, to submit working drawings. Councilman White expressed his opinion that the Council is especially concerned about a third core, which. is Mr. Clancy's project. It would be desirable that the new zoning ordinance be applied to this project. Mr. Clancy stated that the new zoning ordinance will not address itself to his project, as, in his opinion, the project requires a P. U. D. approach, whi ch the new ordinance is not anticipated to.provide. Mr. Minger noted that he had doubts about this omission and the matter is not yet settled. In regard to the current ordinance, Mr. Clancy's project deviates in that one building may.cross zone lines, . in that the parking for one zone may be in another zone and in some of the setback requirements. He was of the opinion that they would need a variance either under the new or old ordinance. Agreement was reached to meet with Mr. Clancy's group on Friday, March 9, at 4:00 p.m. In regard to the Hibberd Village Centre project, Councilman Donovan stated that the height of the building was unacceptable, especially at the entrance to the village. Mr. Hibberd replied that he had already sold units on all floors; also, that the building is almost two stories below grade, thereby minimizing the appearance of height. He indicated that he is willing to build a park on a portion of his land. Councilman White concurred that the height might be offensive; however, he doubted that the Council has the power to require it to be changed. Councilman White moved that Village Centre, Building B, be approved, conditioned upon cooperation in following the recommendations of the Town staff; Councilman Bailey seconded; Councilmen Staufer and Donovan voted against approval; Councilmen White, Bailey, and Dobson voted in favor of approval. The motion carried. The applicability of the proposed recreation fee to projects given approval would depend on the point at which the ordinance provided for the fee to be assessed. The general concensus was that it would be assessed at the time the building permit is issued. However, in any case, it could not be written so as to apply to Mr. Hibberd's project as his plans have been checked and are ready for a permit. Mr. Hibberd had some suggestions in regard to this fee: 1 . the floor area should be the area within the perimeter walls of the unit; 2. the charge for residential construction should be 20 cents the first year and 30 cents thereafter; 3. for commercial construction the fee should be 50 cents the first year and 75 cents -thereafter; 4. the land cost should be excluded from the credit provision unless the land is in a dedicated public park, in which case 75% of the land cost to the developer should be given credit; 5. the up-to-50% of the fee credit should be on a dollar for dollar basis; 6. the items that are given credit should be listed and specified, even as to costs; the monies should be allowed to be used for transportation; 7. the Town Council should not be as directly involved in the determination of credits as the ordinance implies. Mr. Hibberd indicated that he would agree to pay a 50 cent assessment the first year and 75 cent assessment the following years. Further discussion brought out: 1 . that the developer should be allowed 9 months to pay the assessment in full and 2. that there is a 20% difference in the floor area proposed in the ordinance and the definition of floor area offered by Mr. Hibberd. Councilman Bailey asked that Mr. Hibberd put his agreement to pay the recreation 'fee into writing; Mr. Hibberd agreed to do this. Next on the agenda was the Montaneros Phase II project. Ms. Toughi ll noted that Mr. Jim Pierce had basically agreed with the staff recommendations. In response to the recreation fee, an attorney for the group noted that the prices have already been listed with the SEC and this might make it difficult to change them to reflect the added assessment. Mr. Minger.noted that this group is 3 or 4 weeks from the building permit stage. After some further discussion, the representative for the group noted that they substantially agree with the recom- mendations and will respond more definitively within a couple of days. Council- man White moved that the project be approved and the staff instructed to 16 continue negotiating with them for the achievement of the recommendations. Mr. Lamont noted that if a major conflict occurred over the recommendations, the Council would be consulted. Councilman Bailey seconded the motion. Councilmen Bailey, Donovan, Staufer, White and Dobson voted in favor, the motion carried. Mr. John Eden, representing Villa Cortina, noted that they have just finished working drawings and are 4 or 5 weeks from a building permit; hence, they would come under the recreation fee. Mr. Lamont noted that an additional recommendation was for a drainage system at the property owners' expense. Councilman Staufer moved that Villa Cortina be approved with continued negotiation of the recommendations; Councilman Bailey seconded; Councilmen Bailey, Donovan, Staufer, White and Dobson voted in favor, the motion carried. In regard to the Lionshead Lodge addition, Mr. Lamont noted that an additional recommendation was to eliminate four parking spcaes and provide more land- scaping at the entrance to the building . Councilman White moved that Lionshead Lodge addition be approved with negotiation on the recommendations, especially parking. Councilman Staufer seconded; Councilmen Bailey, Donovan, Staufer, White and Dobson voted in favor, the motion carried. John Eden explained that Phase 1 of the Tennis Club was designed for heavy summer use; hence, the plans were to complete the drawings in the summer and build through the winter. He asked whether Phase 1 would come under the new ordinance in this case. Councilman White suggested that the new ordinance would not enforce many changes in this project. Councilman Donovan noted that it would be difficult to make exceptions to the June 1 deadline. It was suggested that if there are substantial changes in the plans, they be presented for design review again. Mr. Lamont explained that the representatives of Vail International have reacted favorably to the staff recommendations. A pedestrian bridge that had been mentioned would have to be approved by the Council as it would be on tract land. Councilman White moved that the Vail international be approved with staff negotiation of the recommendations; Councilman Bailey seconded; Councilmen Bailey, Donovan, Staufer, White and Dobson voted in favor, the motion carried. -2- l w Prior to the consideration of Snowbird Lodge, Councilman Steinberg joined the meeting. Councilman Staufer moved Snowbird Lodge be disapproved on the grounds that it exceeds the F.A. R. , that it needs a parking variance, and also a setback variance. It was explained -that the building does not exceed the F.A.R. if the interpretation is made that the conference rooms in the base- ment are not included in the floor area; an interpretation given by Mr. Minger and Mr. Robinson. Councilman Donovan seconded disapproval on the basis that the proposed deck area is a fire hazard. There were varying opinions as to whether the deck area is an integral part of the building; whether its removal would impede the functioning of the building. Another point of discussion was whether the Board of Appeals had the power to grant a variance from the Uniform Building Code; the determination would depend on whether the interior court yards are considered to be public ways. A further point of discussion was whether it is logical to deny this project on the basis of lack of parking when other projects are being asked to remove required parking to improve their projects. It was also suggested that they could easily solve their parking deficiency by removing the conference areas and converting them to parking. In regard to the question of whether the mall area is a public way, the interpretation of the Building Department is that it is not, as it. is not dedicated land. After some further discussion, Mayor Dobson suggested that the project could be denied until the problems discussed were solved;. he also suggested that the letter of denial should spell out the various legal and physical problems which exist. A motion was already on the floor to deny the project; the basis was clarified as being set backs, parking and the proposed deck. Councilmen Steinberg, White, Staufer, and Donovan voted for the motion and against the project; Councilman Bailey voted against the motion and for the project. The motion carried. In regard to the proposed addition to the. Conoco station,.. Councilman Staufer suggested that the landscaping requirement should be as rigid as possible in order to achieve the improvement of the entrance to Vail. Councilman Steinberg suggested that the Conoco company be required to put in writing that they will follow the landscaping plan the Town requires. It was also sug- gested that perhaps they should share some of the costs of planning their landscaping. Additional suggestions were to obtain in writing that the illegal roof sign will be removed and that the garbage storage area will be hidden. Councilman White moved that the Conoco station addition be approved with continued negotiation by the staff on the recommendations; Councilman Donovan seconded, Councilmen Bailey, Donovan, Staufer, Steinberg, White and Dobson voted in favor; the motion carried. In regard to the Snowbird condominiums, it was agreed -that the planners should consider this project and hence, a decision will not be made for a few days. Mr. Minger explained that, in regard to the parking structure, decisions must be made by May 1 . He suggested that the project be done by negotiated contract with Mr. Hyder rather than a bid situation. Councilman Donovan moved that Mr. Minger be authorized to negotiate with Mr. Hyder; Councilman Staufer seconded; approval was unanimous. After some discussion, Councilman Staufer moved that condemnation proceedings be initiated for the Antholz property. Mayor Dobson cautioned that there are good reasons for trying to obtain outright sale: 1 . the timetable is difficult in condemnation; and 2. there may be problems with the ways in which the land may be used if condemned. Of course, the filing of condemnation is not an irrevocable action. Councilman White seconded the previous motion; approval was unanimous. A s the re was no further bus i ness, the meeting ad j ourned at 12 :45 p. m. Town Clerk MI NUTES SPECIAL MEETING TOWNS COUNCIL OF THE TOWN OF VAIL MARCH 15, 1973 A special meeting of the Town Council of the Town of Vail was convened at 3:00 p.m., March 15, 1973, in the Council Chambers of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: John Donovan Joe Langmaid Gerry White Also present were: Terry Minger, Town Manager Jim Lamont, Administrative Assistant Kent Rose, Town Engineer Diana Toughill, Zoning Administrator Gordon Pierce, Planning. Commission Merv Lapin, Planning Commission Jim Slevin, Planning Commission Boothcreek Townhouse project was presented for final approval by Mr. Gordon Pierce. The Council observed that this is the type of project the Town of Vail would like to see more of. Mr. Lamont then pointed out that the staff has met with Mr. Ammons, the owner of the project, and he has agreed to. the staff recommendations. A motion for approval of the project subject to the staff recommendations was made by Mr. Donovan. The motion was seconded by Mr. White and approved unanimously by the Council. Mr. Ammons must submit a letter to the Town , as well as drawings for a fire protection system. This system must be approved by the Fire Chief and the Town Engineer. A landscaping plan must also be submitted for approval. The Wren project was presented for final approval by Charles Gersbach. It was pointed out by Ms. Toughill that there is a setback problem on the west side of the parking structure that must be solved, or a variance will be necessary. Since the Apollo Park project is so near the.property line, it is doubtful that the Board of Appeals would grant a variance in this case. Mr. Lamont stated that the Town staff has met with Mr. Gersbach and John Huebinger and they have agreed to all recommendations made except items 4, 8 and 13. Mayor Dobson felt it would be necessary to schedule further meetings with the developer and staff on this project to work out the setback problem. Mayor Dobson requested the staff to study the project and make further recommendations to the Council after meetings with the Developer. Mr. Gordon Pierce presented the Red Lion addition for final approval. In his presentation he used a model of the Red Lion as it exists and also as it would appear with the proposed addition. The model depicted the Red Lion in relation to other structures on Bridge Street. The Council first suggested that Mr. Burdick wait for the new zoning ordinance as it will take care of all the setback and parking problems under the new pedestrian precinct. Mr. Pierce stated this would be too late for 1973 construction since they would :'want to be finished in time to re-open in November. Mayor Dobson suggested a meeting with Mr. Burdick when he returns to discuss the possibility of his placing money in escrow for parking spaces in the future Transportation Center. Mr. Pierce agreed to this suggestion and will schedule a meeting as early as passible. The next item on the agenda was the Three Willow Place project (new design) which was also presented by Mr. Pierce for final approval. The Council agreed with the staff recommendations and would be agreeable to negotiations on the parking in front of the building. A motion was made by Mr. White for approval of the project and seconded by Mr. Langmaid. Approval was unanimous. As there was no further business, the meeting adjourned at 4:45 p.m. Town Clerk dt AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 20, 1973 1. Second reading or Ordinance No. 3 regarding unauthorized parking on private property. 2. Second reading or Ordinance No. 4 .regarding the accumulation of refuse. 3. Consideration of an Ordinance creating the Town of Vail Recreational Fund. 4. Consideration of an ordinance authorizing the initiation of condemnation proceedings for the acquisition of certain property within the Town of Vail. 5. Consideration of an ordinance adopting and enacting by reference a codification of existing ordinances of the Town. 6. Discussion of allocation of "Donations to Organizations;" specifically, the requests of the Colorado Rivers Council and the Vail Resort Association. • 0 r' s. • F11-1d in t!-.c D,-c'-ict Court Fifth Judicial District, in and for Eagle County, Color 1 This..1W....day of o:.,ae.19Z: IN THE DISTRICT COURT IN AND FOR T ?- Clerk of the District Court COUNTY OF EAGLE AND STATE OF COLORADO Civil Act ion No . 1856 By ........... .:_.._.........._.._...............:Deputy 3 MANOR VAIL CONDOMINIUM ASSOCIATION, et al., :Plaintiffs, vs. THE TOWN OF VAIL, COLORADO, et al. Defendants. This matter comes on for determination by the Court upon briefs heretofore submitted by the plaintiff and the defend- ant, together with their oral arguments, on defendants' motion for summary judgment and motion to dismiss. The Court, having been informed`in the premises, finds i that the motion for summary judgment against the first:, second and fourth claims for relief have been confessed by the plaintiff, and it is therefore ordered by the Court that, as to those claims for relief, the motion for summary judgment is granted, and, as to those claims for relief, the Complaint is dismissed, with prejudice. As to the third claim for relief, the Court grants the motion of the plaintiff to dismiss, and it is ordered that, as to the third claim for relief, the Complaint is dismissed, without prejudice. The plaintiff is given thirty days to amend his Complaint ' 1 y ?K 00 as to the third claim for relief. Done in c.am'ners at Eagle, Colorado, this 1st day of March,.1973, A.D. B n ' CO Ju4e r • ,.2 - • - M MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 20, 1973 A special meeting of the Town Council of the Town of Vail was convened at 2:15 p.m., March 20, 1973, in the Council Chambers of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Dick Bailey John Donovan Tom Steinberg Gerry White Also present were: Kent Rose, - Town Engineer Jim Lamont - Administrative Assistant Diana Toughill - Zoning Administrator Dave Sage - Planning Commission First on the agenda was the proposed addition to the Slifer & Company building on Bridge Street. Mr. Rod Slifer presented a model to the Council. Mr. Slifer has two specific problems, on.setbacks and parking. Since the new zoning ordinance contemplates zero setbacks in the Commercial Core area it would seem a variance will be granted. Mr. Slifer has agreed to.meet with the Staff to work out an agreement on purchasing or leasing parking spaces in the future Transportation Center. A motion was made by Mr. White to approve the project subject to the setback variance and a parking agreement. The motion was seconded by Mr. Steinberg and approved unanimously by the Council with Mr. Bailey abstaining. The Red Lion addition which was presented at the March 16 meeting was again discussed. Mr. Brudick has the same: constraints as Mr, Slifer has on his addition and it was suggested it could be approved the same way as the Slifer addition. A motion was made for approval of the project subject to setback variance and a parking agreement. The motion was seconded by Mr. Bailey and approved unanimously by the Council. Snowbird Condominiums were again presented. by.Mr.. Hoffmann for final approval. A meeting has been held.with staff an.d.the major problems for this project have been resolved. The Counc'll accepted the staff recommendations with one change in Item 3. Dr. Steinberg suggested that a deadline be glven;on'the temporary parking:on site in the event that a second phase is not constructed. It was agreed that if phase 2 is not constructed by the 1974 building season, the temporary on-site parking will be surfaced and made permanent. A motion was made by Mr. White for approval of Snowbird Condominium subject to the staff recommendations with the above change. Mr. Bailey seconded the motion and it was approved unanimously by the Council. Snowbird Lodge which was disapproved at the March 7, 1973 meeting was again presented with changes as recommended. Kent Rose met with Mr. Hoffmann prior to.the meeting and the following items were resolved: 1. Vail Associates will present a letter to the Town of Vail stating that Tract C will be dedicated as public land.. The Council felt that we must have the letter so that we may have strict control over Tract C in the future in the event covenants are changed. 2. Mr. Hoffmann must submit a letter to the Town stating that the area shown as on-site parking will be landscaped in lieu of the parking and that he will return the area to parking if the Council determines it is necessary at any time.in the future. 3. Mr. Hoffmann must also submit a letter to the Town stating that he will be responsible for any damage to the deck in the event it is damaged in conjunction with repalr of utilities in the easement under the deck and that he will pay additional cost of special equip- ment required to repair utilities due to the location of the deck. 4. Fran Bush must submit a letter to the Council stating that the deck does not pose a detriment to fire fighting in the area. The Council will reconsider the project when all of the above conditions have been met. r March 20, 1973 Page 2 5 Vantage Point Phase it was presented to the Council for final approval by Mr. Dana Rickli, Architect for the project. The only problem on this project is possible fire access to the mall area and the south side of the building. The staff was requested to meetiwith the Fire Chief to study this problem and ascertain if the Chief will approve this project. A motion was made by Mr. White that Vantage Point 11 be approved subject to the Fire Chief's recommendations and a meeting with the staff to study the fire problem. The motion was seconded by Mr. Bailey and approved unanimously. A letter has been submitted by the Fire Chief giving approval of the Fire Access Plan. The Architect must also submit a landscape plan for approval. Landmark at Lionshead was presented by the architect, Mr. Dana Rickli,. for final approval. The Council suggested that the same procedure be followed with regard to fire access to. this project and to those adjacent to the proposed project. Staff recommended that a parking variance for eight cars be granted and landscaping be substituted for those spaces near the mall area. The owner will agree to reinstate the parking at any time the Council feels there is a need for more parking spaces. A landscaping plan must also be submitted for approval. A motion was made by Mr. Bailey to approve the project subject to.the above. The motion was.seconded by Dr. Steinberg and approved unanimously. As there was no further business, the meeting adjourned at 5:35 p.m. i dt 0 c v Town Clerk 140 MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L MARCH 20, 1973 A regu tar meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., March 20, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Larry Robinson, Town Attorney, was also present. Ordinance No. 3 (Series of 1973) AN ORDINANCE PROHIBITING PARKING UPON OR WITHIN PRIVATE PARKING LOTS OR PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER THEREOF OR PERSON IN POSSESSION OR CONTROL OF SAID PRIVATE PARKING LOT OR PROPERTY; IMPOSING CERTAIN REQUIREMENTS UPON THE OWNER OR PERSON IN POSSESSION OR CONTROL OF PRIVATE PARKING LOTS OR PROPERTY; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies were available. The Council was polled as to whether they had read and understood the ordinance; each indicated that he had. A member of the audience inquired why the Chief of Police had the duty of determining size, shape, etc. of the signs. The Mayor responded that this was because regulatory signs are not in the jurisdiction of the sign review board. How- ever, this board will be consulted for its opinion. Councilman Donovan moved Ordinance No. 3 be adopted; Councilman Staufer seconded, Council- men Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor of the motion, the motion carried. Ordinance No. 4 (Series of 1973) AN ORDINANCE PROHIBITING THE ACCUMULATION OF REFUSE., GARBAGE, RUBBISH AND RUBBLE; REQUIRING CONTAINERS FOR THE STORAGE OF REFUSE; PROVIDING. PROCEDURES FOR REQUIRING COMPLIANCE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Robinson noted that the-only changes from the first reading were a few wording changes. The Council was polled as to whether they had read and understood the ordinance; each indicated that he had. Councilman Donovan moved that Ordinance No. 4 be adopted as amended; Councilman Steinberg seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried. Ordinance No. 5 (Series of 1973) AN ORDINANCE CREATING THE TOWN OF VAIL RECREATIONAL FUND; PROVIDING FOR THE COLLECTION OF RECREATIONAL FEES AS A CONDITION OF ISSUING BUILDING PERMITS; PROVIDING FOR PROCEDURES FOR COLLECTING AND DISBURSING FUNDS; SPECIFYING PURPOSES FOR WHICH SUCH FUNDS MAY BE EXPENDED; AND PROVIDING MATTERS AND DETAILS IN RELATION THERETO was introduced by Councilman Staufer. The title was read in full by the Mayor and the audience advised that copies were available. A member of the audience suggested that the council should took more closely at the types of develppments the ordinance would encourage; he felt that ,- small developments should pay less than large ones. The Mayor noted that the ordinance establishes categories on the basis of zone areas and that density tends to follow the zoning. Another member of the audience inquired what the amount of money obtained is projected to be and over what period of time this money would be spent. Mayor Dobson indicated that the amount would depend on the amount and type of construction. Also, that the monies would be spent as quickly as agreement could be reached on specific projects. In regard to the payment problem of lodges, the Mayor indicated that the Council is aware of that potential problem and, if it should materialize, the ordinance can be amended to provide a different method of payment. The question was asked why the money could not be raised through a bond issue, thus taxing everyone and not just the newcomers. The basic reason is that people who have been here over a number of years have paid taxes to build the current facilities; the newcomer is, in effect, buying into a going company. Even though the long-time resident has had the use of the facilities over the years, the general feeling was that the argument of paying a higher price for a going concern would still hold. It was suggested that presenting this ordinance as an emergency ordinance violates the spirit of the Home Rule Charter. Mr. Robinson disagreed, stating that as the proposed ordinance was discussed at the meeting two weeks prior and as notice was given prior- to that meeting, the public has had advance notice of the intention'. An additional question from the audience was why the credit provision had been removed. Mayor Dobson indicated that as any credit system would become rather complicated and as the types of amenities needed could not be built by individuals, the credit system had been eliminated after the fees were reduced. At this point, Mayor Dobson explained why the question of a major bond issue was not being presented at this meeting. Although the intent had been to proceed as quickly as possible, after discussion with the bond attorney, fiscal agent, and architect, it was decided that the time frame originally preferred was too short. Hence, the collection of data will continue and the bond election will be held during the summer, to include the transportation center, tiered parking structure and purchase or condemnation of the Antholz property. Further discussion centered on the real cost of the fee in terms of front money for a project. A member of the audience suggested that considera- tion of this factor showed that the real question is when the fee is to be paid. Discussion also returned to the question of whether it was fair for only the new developers to pay the fee. Legally, it is probably impossible to assess completed projects. A member of the audience suggested that shops and office buildings should not be assessed. Mayor Dobson responded that these areas generate people through their employees. It was suggested that these people are already covered because their living areas are assessed. There was general disagreement with this suggestion as many employees live out- side of the town. A further point of discussion was why there was not included a transfer fee as the new owners would be new people in the community. Councilman Staufer explained that the concern is with the demand generated by a facility; that the exact people involved is not the concern. It was sug- gested that the fee makes housing in Vail for employees more prohibitive than ever. Mayor Dobson suggested that the new revised fee schedule is not oppressive to this housing segment. In regard to the penalty for failure to pay the fee, the developer will not receive an occupancy permit. There are penalties in the building code for attempting to occupy a building without a permit. It was emphasized that disbursements from the fund will require a public hearing, as do all budgetary matters. As there was no further discussion, the Council was potted as to whether they had read and understood the ordinance; each indicated that he had. Councilman Donovan moved that Ordinance No. 5 be adopted as an emergency ordinance, effective immediately; Councilman Staufer seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried and the emergency ordinance was adopted. Ordinance No. 6 (Series of 1973) AN ORDINANCE AUTHORIZING THE CONDEMNATION OF CERTAIN REAL ESTATE LOCATED WITHIN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; DESCRIBING THE REAL ESTATE TO BE ACQUIRED BY EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS; AUTHORIZING THE TOWN ATTORNEY AND SPECIAL LEGAL COUNSEL TO INSTITUTE LEGAL PROCEEDINGS FOR THE CONDEMNATION OF THE SUBJECT PROPERTY; SETTING FORTH PUBLIC AND MUNICIPAL PURPOSES AND USES FOR THE REAL ESTATE TO BE CONDEMNED; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced by Councilman Steinberg. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Gersbach disagreed that this was the only land avail- able; he also suggested that there still remained room for further negotia- tions. He questioned the legal description contained in the ordinance. Mr. Robinson noted that if this was more inclusive than desired, it would be amended before second reading. Mr. Gersbach was of the opinion that trad- ing of condemned land was not possible. Mr. Robinson suggested that substi- tute condemnation is a legitimate enterprise. Mr. Gersbach gave a brief history of the property, its owners and the negotia- tions to date: It is owned by a joint venture composed of the Leavell Develop- ment Company, a subsidiary of Rio Grande Industries, and the Manor Vail Co., a limited partnership managed by Manor Vail Corp. The purchase price in 1969 was $1,250,000; they have had $700,000 in costs since then. In June, 1972, the joint venture offered to sell the Town 10 acres on the frontage road for $1.5 million or the entire area for 3.5 million. This offer was declined. In August, 1972, the joint venture offered to sell the town 10.8 acres for $900,000 and to sell Vail Associates 40,000 square feet plus parking for $100,000. This offer was declined. The Town then offered the joint venture $1 .8 million for the entire parcel; this offer was declired. In early January, 1973, the Town offered Leavell-Manor Vail $2.4 million for the entire parcel, following the results of the appraisals it had commissioned. This offer was declined and a counter-offer made. A map demonstrating this counter-offer was explained. A portion of the area was to be sold to the town for $2.5 million. The Town declined this offer on. March 15, and terminated. negotiations. Mr. Gersbach expressed his opinion that the Town was unwise to go to condemnation as the price in this case is open--ended and the process takes a great deal of time. He also indicated that he thought the Leavell- Manor Vail offer was a good one, giving the Town 79% of the land and the company retaining 21% for development. Mr. Gersbach also suggested that. the town negotiate for land more evenly distributed throughout the community. Mayor Dobson noted that the last counter-offer had contained some additional items. Mr. Gersbach noted that they had asked that the areas they propose to retain be zoned to a higher density and that the Town of Vail share the costs of building the bridge. It was noted that the portion of the property owned by Mr. Miller was not included as development has already begun on this property.. Councilman Langmaid pointed out that the 21% of the property they would like to retain is the only really buildable land in the parcel. He also asked that, if the joint venture has additional appraisals, they show them to the Town. Mr. Gersbach indicated that their highest appraisal is $3.6 million and that they have four appraisals that are higher than those obtained by the Town. Mr. Robinson noted that, after condemnation is filed, the Town will be willing to continue negotiations. Councilman White set forth some of the reasons the Town would like the property: 1 . it would slow down growth in the core area; 2. the Master Plan will call for some amenities for which the Town currently has no land and which must be accessible to the core; 3. it would provide a large open space park for the central area of town. In his opinion, there was no other land available which would meet the needs of the Town. Mr. Gersbach indicated that he had not been aware that negotiation could be continued after condemnation was filed. As there was no further discussion, the Council was polled as to whether they had read and understood the ordinance; each indicated that he had. Councilman Staufer moved that Ordinance No. 6 be approved on first reading and published for public hearing; Councilman White seconded, Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried and the town clerk was instructed to publish the ordinance. -3 - r Ordinance No. 7 (Series of 1973) AN ORDINANCE OF THE TOWN OF VAI L, ADOPTING AND ENACTING BY REFERENCE A CODIFICATION OF EXISTING ORDINANCES OF THE TOWN OF A GENERA LA ND PERMANENT NATURE ENTITLED THE OFFICIAL CODE OF THE TOWN OF VAI L, was introduced by Councilman Lang maid . The title was read in full by the Mayor and the audience advised that copies were available. The Council was polled as to whether they had read and understood; each indicated that he had. Councilman Bailey moved that Ordinance No. 7 be approved on first reading and published for public hearing; Councilman White seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried and the town clerk was instructed to publish Ordinance No. 7. In regard to the a [location of "Donations to Organizations," it was suggested that a meeting be set up among the VRA, the Colorado Rivers Council and the Town Council to decide the 'question. The approval of the voucher lists for January and'February was-deferred until the next meeting. In regard to the suit brought by the Manor Vail Condominium Association et at against the Town, Mr. Robinson reported that the court had granted summary judg- ment in favor of.the Town on three of the four claims for relief. Mr. Lapin requested that the question of granting a franchise to Eagle County Trash Service be put on the agenda. Mayor Dobson indicated that it would be placed on the agenda for the next. meeting. As there was no further business, Councilman Donovan mcfved the meeting adjourn at 9:45 p.m.; Councilman Bailey seconded; approval was unanimous. K'-N' ?- - - ?7&_ 1 Town. Clerk . • • -4- w MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 29, 1973 A special meeting of the Town Council of the Town of Vail was con- vened at 2:00 p.m., March 29, 1973, in the Conference Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Gerry White Joe Langmaid Dick Bailey Also present were: Terry Minger, Town Manager Jim Lamont, Administrative Assistant Diana Toughill, Zoning Administrator Bob Clark, Planning Commission Hans Weibel, Planning Commission Jim Slevin, Planning Commission Jen Wright, Planning Commission ?. The first item discussed by the Council was the parking situation at Villa Cortina. The Town staff has proposed the elimination of four parking spaces near the front entry of the building in order to allow landscaping and to break up the parking lots between Villa Cortina and the Bank of Vail. It has been determined that the Bank of Vail has excess parking spaces and that Kaiser Morcus owns half of their (Bank of Vail) parking lot. A parking variance will not be necessary as they can count the four additi,onal?-spaces in the Bank Parking lot since,there is joint ownership of the property in question. Next on the agenda was the f,inal' approval for the Wren project. This project was originally presented for final approval on March 16, 1973 and approval was denied due to a nonconforming setback. The architect, Mr. Rosolak resubmitted the plot plan with a parking structure that does conform to the setback requirements. A final landscaping plan must be submitted for approval. The developer has agreed to all of the items presented in the staff design review and most of the problems have been worked out. A motion was made by Mr. White to approve the Wren. Motion was seconded by Mr. Bailey and approval was given unanimously. Snowbird Lodge has met with all of the stipulations set forth. in the March 20, 1973,ineeting. All required letters have been submitted and all problems with the deck have been resolved. A motion was made by Mr. White to approve the project and seconded by Mr. Bailey. Approval was unanimous. Booth Falls Mountain Homes has asked for final approval and all items which were recommended by staff have been agreed to by Mr. Newell. A plan for fire fighting for the units not accessible by truck will be submitted for approval by Mr. Newell. Mr. White made a motion for approval of this project which was seconded by Mr. Bailey. Approval was given unanimously. The Sunburst project was again brought up for discussion. The developers are still concerned about the new zoning ordinance containing a special zone for this project. Mr. Joe Clancy was informed by the Council that they did not know, at this time, if there would be a special zone for the Sunburst project and in the event there is not, working drawings must be in by the June I, 1973 deadline. Mr. Clancy felt this was a hardship since they have been more than willing to work with Council and the Consultants to develop a project Vail will be proud of. 10 Larch 29, 1973 Page 2 Mr. John Eden of Engelke Architects then presented the redesign of Villa Cortina and the preliminary drawings for the Tennis Club Complex. The town staff had previously submitted recommendations on both of these projects. Final landscaping plans must be submitted for approval on both projects. The parking situation for Villa Cortina had been discussed previously in the March 29 meeting. As there were no other problems on the redesign of Villa Cortina, a motion was made by Mr, Bailey to approve this project. The motion was seconded by Mr. Langmaid and approved unanimously. A motion was then made to approve the first Phase of the Tennis Club as submitted. The motion was made by Mr. Bailey and seconded by Mr. White with unanimous, approval. Mr. Eden was cautioned by Council that working drawings for the Tennis Club must be submitted by June I. Council further stated that there would be no exceptions made to this rule. 7-.? Council then discussed a letter from Scorpio submitted along with the same set of plans for Scorpio Phase II that were. rejected on March 14, 1973. The letter stated that the legal description submitted with the Declaration of Land Allocation when Scorpio Phase I was incorrect. Even if this is the case, there remains insufficient square footage to construct the building as proposed. The Council instructed the staff to again reject the plans for Scorpio II as submitted and further not to accept revised plans after the April I, 19731 deadline for submittal. As there was no further business, the meeting adjourned at 5;30 p.m. Town Clerk d t • E MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAT L APRIL 3, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., April 3, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid JoseF Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Stan Bernstein, Finance Director Gary Wall, Police Chief Bob Manzanares, Administrative Assistant 18- The Town of Vail Audit Report was presented by Jerry McMahan, a represen- tative of McClave, Wall and McMahan. Mr. Minger noted that copies of this report will be available in the Town Office. He also mentioned that the Finance Department had won a certificate from the Municipal Finance Officers Association for the 1971 financial report. Mr. McMahan explained that the auditors' function is to ascertain whether the Town has support for all trans- actions during the year. The summary of their report on the Town is that there are no insolvent funds. As soon as the Vail Water and Sanitation District report is completed, a consolidated financial statement will be prepared. Mr. Bernstein reported on the general fund statement of revenue. There was a substantial increase in sales tax collections over 1971; sales tax comprises 67% of this fund. Mr. Bernstein explained some of the budget items from this fund and the actual expenditures as related to these budget items. Although there was a surplus at the end of the year, this is needed to help ease the cash flow problems. Other funds explained by Mr. Bernstein were: the additional cent sales tax fund; the general fixed assets fund; the heavy equipment fund; the central stores fund; the revenue sharing fund (a decision needs to be made on the expenditures from this fund); the library fund; and the retirement plans fund. Ordinance No. 6 (Series of 1973) AN ORDINANCE AUTHORIZING THE CONDEMNATION OF CERTAIN REAL ESTATE LOCATED WITHIN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; DESCRIB- ING THE REAL ESTATE TO BE ACQUIRED BY EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS; AUTHORIZING THE TOWN ATTORNEY AND SPECIAL LEGAL COUNSEL TO INSTITUTE LEGAL PROCEEDINGS FOR THE CONDEMNATION OF THE SUBJECT PROPERTY; SETTING FORTH PUBLIC AND MUNICIPAL PURPOSES AND USES FOR THE REAL ESTATE TO BE CONDEMNED; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Robinson noted that the legal description had been amended after, the first reading. The Council was polled as to whether they had read and understood the ordinance; each indicated that he had. Councilman Staufer moved that Ordinance No. 6 be adopted as amended; Councilman Steinberg seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the Mayor declared that the motion carried and the ordinance was adopted. In regard to a request for a franchise from the Eagle County Trash Service,, the first question to be answered is whether or not a franchise is desirable. Mr. Minger noted that any refuse hauler is controlled by the P.U.C., irre- gardless of a franchise. This control extends to the control of rates. Council- man Langmaid was of the opinion that the Town should not grant a franchise to a private individual. If the consequence is that the individual must raise his rates, then another company should be able to come in with lower rates, or the Town should establish its own operation. Mayor Dobson noted that two of the presumed advantages to the Town would be having more control over the operation of the trash business and making feasible lower rates by making a lower interest rate possible. Councilman Bailey inquired of Mr. Lapin what the actual money saving from a favorable interest rate would be. As a constant expenditure is necessary in order to replace trucks, the annual saving for a number of years would be $14,000. Mr. Lapin noted that his company charges either on a per unit basis or on a volume basis. Councilman Donovan expressed his concern that the Town might enter into an agreement favorable to itself but detrimental to outlying areas. Councilman Steinberg expressed the opinion that the argument regarding free competition is somewhat fallacious, as, for practical purposes, it would be very difficult for another company to go into the business in Vail at this point. Councilman Steinberg's concern is to stabilize the rates; the only means he sees as available is to grant a franchise. Mr. Evancho, of the trash company, stated that the best way to ensure the enforcement of rules and improvements like the enclosure of containers is to grant the franchise. He also noted that one of the problems of a trash company in an area like Vail is the differential volurre of business between summer and winter. Mr. Elias expressed his satisfaction with the operation of the trash business this past winter. He was concerned, however, that the franchise not be for too long a period and also that the problems with compactors, bundles, etc., be taken into consideration. Mr. Nottingham agreed that the service had been good, but felt the rates were rathe r high. If a franchise wou Id save hi m money., he wou Id be in favor. Mike Carlisle noted that the Eagle County Trash company had been cooperative with fire prevention programs. After some further discussion, Councilman Steinberg moved that a proposed franchise be considered at the next meeting; Councilman Donovan seconded; Councilmen Bailey, Donovan, Staus'er, Steinberg, White and Dobson voted in favor; Councilman Langmaid voted against; the motion carried. Mr. Minger reported that the new zoning ordinance is ready and is being typed. It will be presented at the study session next Tuesday at 2 p. m. and copies will be available to the public. A letter from the Planning Commission recommending approval cf the plat of Vail Village 10th Filing was read. Jen Wright explained that the filing contains 11 single family lots. The major access is Ptarmigan Road. The filing is 40 within the Town of Vail and zoned Residential. Jim Viele noted that 2 acres of the land has been dedicated to the Town for open space. Councilman Bailey moved that the plat of Vail Village 10th Filing be approved; Councilman Donovan seconded; Councilmen Bailey, Donovan, Staufer, Langmaid, Steinberg, White and Dobson voted in favor, the motion carried. The minutes of the meetings of March 5, 7, and 13, 1973, had been previously submitted to the Council. Councilman White moved they be approved; Council- man Staufer seconded; approval was unanimous. Gary Wall, Police Chief, modeled the proposed new police uniform. It was noted that the new uniform is being introduced in order to get away from the militaristic appearance. In regard to the Police Station remodeling, Mr. Minger explained that it is being financed by a $401000 grant from CLLEA. One feature will be a county-wide communications system. Also to be added are tab facilities, showers and lockers. In regard to the communications system, it was explained that the current facilities are overloaded and there are black-out areas, in which the Town has in the past acted as a relay. In addi'ti on, the Town will no longer be on the same frequency as Vail Associates. The Town has been asked by Vail Associates if they would accept the dedication of the 5-13 area (the pond and surrounding area). Mr. Minger expressed his -2- xJ q _ 0 V ?il opinion that, if the dedication was accepted, VA should be asked to participate in a financial way in providing some of the needed landscaping. Mr. Nott of VA noted that they had already done considerable work in this area. He also brought out the liability situation of the area; the steps are rather dangerous. Work will be continued to reach a satisfactory agreement An additional report from Mr. Minger was that negotiations with Cable TV are to begin shortly. The Town has been approached by several other television companies. Mr. Robinson reported that the Town is currently involved in more litigation than ever before in its history. Chuck Ogilby of Trout Unlimited reported that this group had been approached by scm e kayakers with a request that large snags and dams be removed from Gore Creek. He requested that the Town become involved and help to decide what possible adverse effects would occur. Mr. Ogilby recommended Council- man Donovan as the Council representative. Councilman Donovan accepted the appointment and inquired if there is an ordinance preventing this type of stream maintenance. He suggested that if there is.not such an ordinance, one should be created. Larry Benway reported that the Colorado White Water Association would Like to have a slalom race on Gore Creek, which would originate in Town. The Mayor suggested that they appear before the Council with their request. Rob Garton asked if the allocation of "Donations to Organizations" had yet been made. It had not, one reason for the delay being that the current VRA Board is a lame duck board. After some discussion Councilman Donovan moved that the Colorado Rivers Council be given $8,000 to be paid at the rate of $1,000 per month for 8 months and the donation to the VRA be con- sidered at a later time; Councilman Staufer seconded; approval was unanimous. Councilman Steinberg requested that the Council be kept posted on the way the money is used. Mr.. Richard Hart presented the Council with petitions signed by people who were concerned about the costs and benefits of the Ginkelvan and who also felt that more public exposure and discussion were needed. Councilman White noted that the wording of the petition was somewhat vague. Mayor Dobson read the petition statement in full. He noted that one point which seems to have been misunderstood is that the Ginkelvan is not the solution, but only a portion of the total solution. Mr. Hart stated that he thought the concern was over the cost of the van and the number contemplated. Further exchanges brought out the point that few of the signers of the petition had ever attended any meetings of the Council: The Mayor noted that no additional Ginkelvans will be purchased until the questions over the present one are resolved. Mr. McLaughlin disagreed that communications problems could be solved by attending meetings; he stated that he had attended every meeting 46 and still had not heard the Ginkelvan compared to other viable alternatives. It was brought out that the Ginkelvan is an experimental vehicle; and, hence, much data is not yet available and will only be available after it has been in operation. Mr. McLaughlin stated that he was not quite sure what "the whole deal is all about.." Mayor Dobson suggested that perhaps the Ginkelvan had been too much promoted as an exciting symbol of the proposed transporta- tion system;, the main thrust is to encourage people to address themselves to the transportation problem in Vail. A member of the audience asked if the Ginkelvan were the least polluting vehicle available. If the use of the Ginkelvan keeps a number of cars from being used, the pollution has been lessened to a certain extent. In regard to questions about a comparison with the currently- used blue school buses, Mr. Minger noted that the school bus is expensive in terms of maintenance and operation. Comparisons have been made with other buses and rigid tests are being made on the Ginkelvan in operation. Mr. Minger was of the opinion that a few modifications are needed. The actual cost of the Ginkelvan is not yet known as it is not in production; however, Mr. Minger was of the opinion that it would be competitive with the Mercedes bus and less of a polluter. Councilman White added that, in his opinion, the blue school buses are visually polluting to Vail. The Mayor urged that people either dis- agree or agree with the idea that there is a transportation problem in Vail and proceed from that point. -3- In further discussion, Mr. Minger noted that it is possible that the Ginkelvan can actually carry more people, in greater comfort, and in a shorter time than the school buses. The question of an electric bus was raised. The Ginkelvan is ultimately convertible to electric power; however, at this time, electric power is not practical. In summary, the Mayor expressed his regret at the breakdown in communications; however, it would seem the only way the Council has of communicating at this time is by either the written word or meetings. As there was no further business, Councilman Donovan moved the meeting adjourn at 10:30 p. m. Town Clerk Ll n ?J V -4- Y %+t MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN OF VA1L APRIL 1 1 , 1973 A work session of the Town Council of the Town of Vail was convened at 2:04 p.m., April 1 1 , 1973, in the Conference Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Joe Montano, Special Counsel John Holloway, Special Counsel Mayor Dobson noted that Mr. Montano and Mr. Holloway were present to discuss the Antholz condemnation and surrounding litigation. Mr. Holloway explained that the joint venture had sought to enjoin the passing of the ordinance and, secondly, the filing of the condemnation suit. The law is well settled that the courts wilt not enjoin a legislative body from passing a law; rather, they will enjoin the enforcement. Also, it is well settled that the courts will not enjoin a body from exercising the power of eminent domain as the other party has a remedy at law without the injunction. A separate suit was also filed to disconnect the property from the Town. The joint venture appeared to be arguing that the Town cannot condemn outside its boundaries; however, as a, home `rule town, Vail does not operate under the statutes, which do prohibit this type of condemnation, but under the Constitution, which allows condemnation outside of the boundaries. The suit to disconnect will be heard on May 22. The joint venture has now appealed the decision against the granting of an injunction. If they should lose in the Court of Appeals, they have no further right to be heard; the Supreme Court would have to choose to hear the case. A petition for condemnation has been prepared. It will be filed in Eagle on the 12th or 13th. The joint venture has 20 days to answer the petition; they will probably set forth a number of objections. The Court will hear these objections before they appoint a commission to determine the just compensa- tion. The general feeling was that this petition should be filed as soon as possible; Mr. Montano noted that the joint venture has not asked For a "stay of execution" of any of these further steps. Mr. Holloway suggested that the joint venture might drop the disconnection action if it would hurt them financially in terms of the valuation of the property. Councilman Langmaid inquired how requests for building permits on this property should be handled. Mr. Minger felt this should not be a problem as they cannot be given one if the land is not platted. Mr. Robinson clarified that this is only true if the land is to be sold; otherwise, they can build for their own use. He felt the reason they would not build is that there are no water and s,Pwer lines. Mr. Robinson remarked further that there is no procedure for disconnecting from the water and sewer district; hence, they might be out of the town, but in the District. Mr. Minger felt that, in this case, the District would file suit against them. Returning to the question of condemning outside of the boundaries, Mr. Holloway noted that there is also a statutory provision which allows this type of condemna- tion for park purposes. Possible objections to the condemnation petition might be: 1. that the Town did not negotiate in good faith; 2. that the exchange . proposal is not allowable; 3. that the condemnation is not necessary; 4. that the Town cannot condemn outside of its boundaries. After some dis- cussion, there was general agreement that the effort to disconnect should be vigorously resisted. It was explained that if they were successful in disconnecting from the Town, the property cannot be subdivided into lots smaller than those allowable in Town nor can it be put to any industrial or commercial use that would not be allowable under the zoning of the Town for a period of six years.. Councilman Langmaid inquired what would happen if the Town won the condemna- tion suit but lost the bond issue. It was generally agreed that the election on the bond issue would be held prior to a court determination of the condemna- tion question. Mayor Dobson asked when it was estimated that the Town would have possession of the property if they won the suit. Mr. Holloway noted that three appeals are possible; however, such a lengthy procedure would not be advantageous to the joint venture economically. After the petition is filed, the Board is entitled to see the appraisals the joint venture has received. It was mentioned that the Colorado Municipal League conference will be held in Colorado Springs in June, Any of the Council members who would like to attend are invited to do so. As there was no further business, the session adjourned at 3:10 p.m. Town Clerk 1 ?J 1 Page 2 MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAT L APRIL 17.$ 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., April 17, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present:. Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Kent Rose, Town Engineer Bob Manzanares, Administrative Assistant The meeting was first convened with the members of the Town Council acting as the Local Liquor Licensing Authority. Holly Vail, Inc. had submitted a. request to expand their licensed premises to the west patio. This area was not included in the original application. After some discussion, Councilman Donovan moved the extension west of the premises by Holly Vail be approved; Councilman Bailey seconded; approval was unanimous. The Local Liquor Licensing Authority was adjourned at 7:45 p.m. and the Town Council convened . Ordinance No. 7 (Series of 1973), AN ORDINANCE OF THE TOWN OF VAI L, ADOPTING AND ENACTING BY REFERENCE A CODIFICATION OF EXISTING ORDINANCES OF THE TOWN OF A GENERA L AND PERMANENT NATURE ENTITLED THE OFFICIAL CODE OF THE TOWN OF VAIL . . . . . . . was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Robinson noted that there were no changes from the first reading. The Council was potted as to whether they had read and understood the Ordinance; each member indicated that he had. Councilman Steinberg moved that Ordinance No. 7 be adopted; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried and Ordinance No. 7 was adopted. Mr. Minger reported that Livingston--"and' Blaney have submitted a portion of a draft of the new zoning ordinance. It is hoped that the final document will be available in June.. Mayor Dobson requested that interested individuals please read the document and give the Town their comments. A draft of the trash agreement had been prepared, to be used if the Council desired to grant such a franchise. Councilman Staufer noted that he thought there should be other ways by which the company.,cou Id affect the savings they desire. He was also concerned that the controls gained were not necessarily substantial and that they would only be effective within the city limits. That it was proved by the same people at their original P. U. C. hearing that competi- tion is necessary in Vail was additionally noted by Councilman Staufer.. The relationship to other franchises, such as Holy Cross, was also discussed. 'nterest in the matter as he owns Councilman Steinberg stated that he hasa.n t trash containers which are teased to the company. However, he did not feet his interest would be affected by the decision on the franchise. He was of the 1 opinion that the P. U. C. control is not well-exercised; hence, it is necessary to protect the citizens by a franchise. Mr. Lapin noted that the rate schedule included in the draft agreement is the one currently filed with the P.U.C. However, he stated that they generally charge less than the stated rates; the maximum rates are charged only in extraordinary situations. Mr. Lapin noted that the P . U . C . approval is presumed; the rates are mailed to them, and if they do not respond, it is assumed that they approve. Councilman White stated that the overriding factor as he sees it is that anyone else who might begin such a service in Vail at this time would probably be a large, out-of-town company. He thought it preferable to have local people performing the service. Council- man Langmaid suggested that the benefits to the Town had not yet been delineated; also, he objected that the rates included in the proposed agreement were not the ones actually being charged. Mr. Lapin explained some of his unique financial difficulties. The essence of his statement was.that. if he were not in the securities business, his borrowing would not be so strictly limited. Mayor Dobson reiterated that the concern of the Council is the effect of a franchise on the residents of the Town and on the residents of the outlying areas.. Mr. Minger explained that, although he was of the opinion that Mr. Lapin's company is doing a commendable job, he did not feel the staff could recomenend a franchise. He also suggested that the Town has a great deal more control, even without a franchise, in this area than it currently exercises. Mr. Lapin explained that he would like a three-year agreement, with a review each year. In regard to the incomplete rate schedule, he was of the opinion that a written rate schedule which covered every possible circumstance would be unwieldy. Mr. Lapin had no objection to saying that the rates would be the same in East and West Vail as in the Town. Without the franchise, Mr. Lapin would increase costs to cover the real costs he would incur; however, he did not know how much this would be per house. More discussion ensued of whether or not the P. U . C . permit was in effect a franchise. Councilman Bailey sug- gested that the staff research more extensively whether or not a franchise would be duplicating P. U. C. actions. Mr. Manzanares was of the opinion that the Town would have to clear any rate controls in the franchise through the P. U. C. Mr. Robinson suggested that the P.U.C. would always ignore the rate schedules mailed to them until a group of citizens protested. In regard to the rates included in the pr oposed agreement, he suggested that they be ignored and the effort to schedule them begin again with an understanding of the rate of return accruing to the prospective franchisee. Mr. Lapin d isag reed that the P. U. C. allows only a 6% rate of return; the necessary capital could not be attracted on that basis, in his opinion. In the event the Council decided in favor of a franchise, the proposed agreement would be incorporated into an ordinance. Mr. Elias made several points in regard to the agreement: I . that it appeared to be very hurriedly written; 2. that the financial structure of the business should not be a matter of concern; 3. that compactors should be considered; 4. that any member oFthe Council who was involved in a financial venture with Mr. Lapin should abstain from wting. A final comment from the audience was that using profit as the reference for the rates is troublesome as a company might not be showing a profit due not to the deficiency in the rates, but to their own inefficient operation. The minutes of the meetings of March 5 and March 20 had been previously submitted to the Council. Councilman Donovan moved they be approved; Council- man White seconded; approval was unanimous Mayor Dobson noted that it appeared likely there would be no Council meetings held in May due to the lack of a quorum. Mr. Minger reported that the Institute of Arctic and Alpine Research would be doing a study of the entire valley. This project is funded by,NA SA; however, they wi It not pay lodging. The cost to the Town for lodging would be $750, if the Council chose to provide this, Councilman -2- r Donovan moved the Town pay the lodging costs for this group; Councilman White seconded; approval was unanimous. As a point of information, Mr. Robinson noted that it would be fiscally responsible, although not regUi'red, for the Council to approve the voucher lists. In regard to the Holy Cross franchise' request, Mr. Minger noted that since Mr. Gamblin left the company, the Town has not been approached on the matter. There was general agreement that discussions should be pursued on this matter. A further point noted was that the VRA will approach the Council after their first meeting in May regarding the promised donation to that organization. Finally, an up=dated series of sketches of the proposed transportation center/parking structure complex are available in the Town office. As there was no further business, Councilman Donovan moved the meeting adjourn at 9:00 p.m.; Councilman Langmaid seconded; approval was unanimous. Town Clerk r? MINUTES REGULAR MEETING TOWN COU NCI L OF THE TOWN OF VAI L MAY 1, 1973 A regu tar rre eti ng of the Town Counci I of the Town of Vai t was con- vened at 7:30 P.M., May 1, 1973, in the Council Room of the Vail Municipal Building. The following Councilmen were present: John Donovan Richard Bailey 0- Bob Manzanares, Administrative Assistant, was also present. John Donovan, serving as Acting Mayor, declared that there were insufficient members present to constitute a quorum, and that any business to come before. the meeting would have. to be continued unti t such time as a quorum could be present. Several items on the agenda pertaining to variances from the parking requirements of the zoning ordinance for the Town of Vail, for which notice had been previously published, were rescheduled for Tuesday, May 15, 1973, at 7:30 P.M. in the Town Council chambers. Upon motion made by John Donovan and seconded by Richard Bailey, it was VOTED: to reconvene the meeting at the appointed hour on May 15, 1973. f Mr. Donovan then adjourned the meeting until the next scheduled meeting. %?2GL?l/? y?1 ltCtur' ?>r Town Clerk /nmm "-i MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL MAY 15, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., May 15, 19733 in the Council Room of the Vail Municipal Building. Mayor Pro-tern John Donovan and the Following Councilmen were present: Richard Bailey Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Mr. McLaughlin was present representing Gaynor Miller, et at. in their request for a waiver of the parking requirement. He explained that the difficulty involved a change of use. They are contemplating the installation of a restaurant. It was his understanding that the parking which would be required would only be that necessary for the restaurant. Councilman Donovan stated that he thought the Red Lion and Slifer (Who were in somewhat of a comparable position) were going to purchase parking for the entire operation. Mr. Robinson noted that their commitment was to abide by whatever require- ments are included in the new ordinance. The present ordinance relates to substantial alterations; hence, the requirement would be to provide parking for the new portions. Mr. McLaughlin. noted that a little over 4000 square feet is involved in the alteration, with a requirement of 12 parking spaces There was some discussion of the exact number of spaces; Mr. McLaughlin noted they would complywith the number .c9etermined by the formula in the new ordinance. He indicated further that if the spaces to be purchased were prohibitively expensive, it would be interpreted that they thus had, in effect, no variance Councilman Donovan suggested that the Council first consider the request of Shareholders Recreation Program that parking be waived in order to obtain additional green space, with the understanding that it would be re-converted to parking, if necessary. Councilman White moved that the variance be granted; Councilman Steinberg seconded.; approval was unanimous. . Councilman Donovan noted that in the second application, that of Mr. Slifer, it has been agreed that he will purchase 3 to 5 spaces at the going rate, to be determined in the future. An agreement has been signed to the effect that they will comply with future requirements. While awaiting further information, the minutes of the meetings of April 3, April 1 1 , and May 1 were considered; Councilman White moved they be approved; Councilman Bailey seconded; approval was unanimous. E to go through the variance procedure, as well as to sign the agreement. Council- In regard to the request of Engelke Architects for Lionshead Lodge, Ms. Toughill explained that they have 12 spaces which are not of the proper size. The parking area is enclosed. Councilman Bailey moved that spaces of 91 by 18' be approved; Councilman White seconded; approval was unanimous. In regard to the payments to be made for spaces in a proposed structure, it was suggested that the purchaser would pay a pro rata share of the debt service cost. Councilman White inquired if Mr. Robinson was satisfied with the agree- ment signed by Mr. Slifer. Mr. Robinson replied that he thought it necessary man Bailey inquired what would happen if those signing the agreement refused to purchase spaces after completing their building. Mr. Robinson stated that an escrow arrangement to assure collection of the funds could be provided. It was suggested that a provision should be added to the new zoning ordinance that requires buildings in CCI to provide parking in the structured parking lot. Mr. McLaughlin suggested that if the signer of the agreement did not comply, the Town could have grounds for a civil suit. The security in such a case would be that the property can be attached. In regard to the request of Mr. Miller, he noted that white he had been authorized to agree to the signing of an agreement, he did not know if Mr. Miller would be willing to place money 40 in an escrow account. He suggested also.that it would be less burdensome to require bonding of the applicant, rather than an escrow account. Some further discussion ensued of the alternatives available to the Council. Councilman Steinberg moved that the variance for Rodney Slifer be approved, subject to the agreement to purchase parking spaces; Councilman White seconded; Councilmen Donovan, Steinberg and'White voted in favor; Council- man Bailey abstained; the motion carried and the variance was conditionally granted. Counci lman Steinberg moved that a waiver of the parking require ment for Mr. Miller, et at. be denied and that they be given a variance subject to the signing of the agreement to purchase parking spaces; Councilman White seconded; Council- men Bailey, Donovan, Steinberg and White voted in favor; the motion carried. Councilman Donovan noted that the Hauserman addition was being constructed without following the procedures for a variance. Although a building permit had been issued in error, he suggested that a stop-work order be issued. Mr. Robinson noted that if a building inspector makes a mistake in the checking of plans, he can issue such an order; however, this error does not relate to the building code but to the zoning ordinance. After some discussion of the matter, Councilman Steinberg moved that the owners of the Hauserman addition be required to sign an agreement to purchase parking; Councilman Bailey seconded; Councilmen Bailey, Donovan and Steinberg voted in favor; Councilman White voted against; the motion carried. Councilman Donovan noted that one effect of the motion would be that a stop work order be issued for the project. Councilman Donovan stated that he would like to see an ordinance requiring that sewer and water line construction areas be returned to their natural state. Mr. Minger suggested that perhaps the landscaping bond required by the proposed new zoning ordinance could be expanded to cover this situation. Councilrra.n White suggested that it was necessary to appoint an environmental commission in the near Future. Councilman Donovan added that perhaps this should be done by July 1 . It was moved that the Council begin to receive names of candidates for this commission; Councilman Steinberg seconded; approval was unanimous. Councilman Donovan suggested that a member of the Town staff be appointed to work on the 4th of July parade. Mr. Minger appointed Mr. Lamont. Councilman Donovan suggested that it is necessa ry for a member of the town staff to coordinate the undergrounding of lines by the various utility companies. Mr. Manzanares had already been appointed:. In regard to an ordinance to protect the stream, Mr. McLaughlin volunteered to re-work a draft ordinance that he had prepared on this subject. As there was no further business, Councilman Bailey moved the Town Council. adjourn at 8:50 p.m.; Councilman Steinberg seconded. The L. cal Liquor Licensing Authority was convened at 8:50 p. m. Mr. Minger explained that the town had allocated funds for an evening of entertainment for the American Association of Travel Agents. The request coming before the Authority was for permission to consume alcoholic beverages on Bridge Street. Mr. Robinson questioned whether or not the Town was willing to assume the responsibility for 600 to 800 people drinking in the public street. Police Chief Wall also noted that, realistically, it would not be possible to distinguish between the members of the association and other people. After some discussion, it was moved that . 9 Page 2 'the application -For a special events permit be approved for June 7 and 8 with the events to end at 10:00 p.m. Councilmen Bailey, Donovan and Steinberg voted in `Favor; Councilman White voted against; -the motion carried. As there was no further business, Counciln-an White moved the Local Liquor Licensing Authority adjourn at 9:00 p, m,; Councilman Bailey seconded; approval was unanimous. `frown Clerk' C7_j Page .3 1 MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL JUNE 5, 1973 i A regu tar meeting of the Town Counci I of the Town of Vai l was convened at 7:45 p.m., June 5, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Gerry White Also present were: Larry Robinson, Town Attorney Stan Bernstein, Finance Director Kent Rose, Town Engineer • The meeting was first convened with the Council acting as the Local Liquor Licensing Authority. Clifford Bruce Hartman had submitted 'an application for a beer, wine and liquor license For the Clock Tower Inn. Stuart Brown was present represent- ing the applicant. Mr. Robinson noted that as the premise has been previously licensed, the qualifications of the applicant are the only questions.. Mr. Brown noted that an error had been made on the application; he moved that Item 15 be amended as Mr. John Kaemmer, has no interest in other liquor licenses. Mr. Robinson noted that this stenographic error would be corrected. Mr. Hartman noted that the Clock Tower has been operating through a management agreement with Mr. Kaemmer, Mr. Brown indicated that the lease comes into effect when and if the authority grants a license. Councilman Donovan inquired if the applicant was aware that a portion of the patio is on a Town easement; Mr. Hartman answered that he was. Mr. Wall noted that they have not received any negative reports from the FBI on the applicant, Councilman Donovan moved that the application for Mr. Hartman be approved; Councilman White seconded; approval was unanimous. An application had been received from Otto Stork, Inc. for a 3.2% beer license for the Delicatessen. Jay Peterson vAas present representing the applicant. Mr. Robinson noted that the premises had been previously licensed, Mr. Peterson noted that the applicant has not sold :any beer on the premises since they closed the transaction. That none of the applicants has a criminal record was noted by Mr. Wall. Councilman Bailey moved that the application for Otto Stork, Inc. be approved; Councilman Donovan seconded; approval was unanimous. Manor Vai I Condominium Assoc latton,:had submitted an application for an expansion of the premises into 1240'square feet of the existing Conference Area. Mr. Robinson noted that, from the Town records, this area had previously been licensed; hence, the request must ire anotation of the, Fact that they are changing portions of the area, Councilman' Stauffer moved that the application be approved; Councilman White seconded; approval was unanimous. A proposed reprimand for the Vail Metropolitan Recreation District had been prepared. The Recreation District last winter had made available the bar and restaurant facility at the Golf Clubhouse to Russian Excursion, which was subse- quently closed for sanitary violations and the lease terminated. Due to this termination, a suspension of the license would not be in order. The Recreation District was also not directly culpable; only negligent in their supervision of their managers. Mr. Lapin inquired.who manages the Recreation District. Mr. Robinson noted that their administrative matters are handled by the staff r of the Town government. Mr. Etter, of the State Department of Revenue, agreed with the case as put by Mr. Robinson. Councilman Bailey moved that the reprimand for the Recreation District be approved; Councilman Staufer seconded; Councilman White abstained; Councilmen Bailey, Donovan, Staufer, Langmaid and Dobson voted in favor; the motion carried. In regard to an application for a special events permit for the 7th and 8th of June, the request from the Town had been denied by the State and the VRA had intended to apply in their place. However, Mr. Robinson reported that the VRA now did not wish to apply. The Town application had been denied on the basis of a 20-year old attorney general's opinion which had been construed to make a city ineligible to hold a liquor license. Mr. Elias explained that they had decided not to apply because they would have to purchase the liquor them- selves and also because there might be some violations involved. Mr. ER&r explained some of the problems involved. The premise must be controlled by the licensee; a requirement,that a public street might not meet. Also, the applicant must serve food, and the liquor must be consumed on the premise. Mr. Robinson disagreed to the extent that he thought the intent of the provision for special events permits was the licensing of public places. Mr. Etter mentioned that 3.2 beer would be a different matter. Some discussion ensued of the intent of the town to give a party, rather than just give each person the money to buy drinks. Suggestions were made to use the playground or block off the street in order to more define the area and to serve food. Mr. Etter noted that if the VRA had possession of the premises and would buy the liquor and oversee the operation, it might be possible to obtain the permit. Mr. Etias proposed that, assuming the agreement of the executive board of the VRA, the VRA would proceed with the application with a changed location. After some further discussion, it was suggested that the possibility of a dif- ferent Location be considered and a meeting be held at 11:00 a. m. on Wednesday to formally prepare the -application for submission to the State Department of Revenue. As there was no further business, Councilman Donovan moved the Local. Liquor Licensing Authoe^ty adjourn at 9:10 p. m.; Councilman Bailey seconded; approval was unanimous. The Town Council convened in joint session with the PLanning Commission at 9:10 P.M. The following Planning Commission members were present: Merv Lapin Gordon Pierce Dave Sage . Jim S Levin Hans Weibel Mayor Dobson noted that Robert Clark, Chairman of the Planning Commission, has resigned. The item to be considered by the joint session was a request for the re-platting of Lots 3 and 4, Block. 3:, Vail Village 3rd Filing to the Town of Vail. Mr. Robinson noted that the staff had received a late request that this matter be postponed. Councilman Donovan moved that the matter of a request for re-platting be continued to a future meeting; Councilman Bailey seconded. Mr. Lapin inquired why it was necessary for the Planning Commission to be present at the meeting; Mr. Robinson replied that matters dealing with sub- dividing must come before the Planning Commission; however, the particular request also required Council action. Mayor Dobson asked that the Planning Commission make a recommendation to the Counci t on the matter. The vote on the previous motion was unanimous. As there was no further business, Councilman Donovan moved that the joint session be adjourned and the Town Council convened at 9:20 p.m.; Councilman Bailey seconded; approval was unanimous. -2- Requests for parking variances had be,n received from the representatives of Sunbird Lodge, Landmark at Lionshead, Vail International and the Red Lion. Mr. Rose noted that most of these variances are the result of requests from the Town Council and he would recommend that they be granted. After some further discussion, Councilman Bailey moved that the variances for Sunbird Lodge, Landmark at Lionshead and Vail International be approved; Councilman White seconded; approval was unanimous. In regard to the request of the Red Lion, Mayor Dobson noted that Mr. Burdick is willing to sign an agreement to lease or purchase spaces in a parking structure. After some further discussion, Councilman Donovan moved that the variance for the Red Lion be approved subject to the signing of an agreement to purchase parking spaces when and if available; Councilman Bailey seconded; approval was unanimous. Councilman White movedthat a resolution setting a public hearing for the annexa= tion of the territory commonly known as Vail Village, 11th Filing to the Town of .. Vail be approved; Councilman ;Donovan seconded; approval was unanimous. Mr. Robinson stated that Mr. Amato was present to discuss the question of rights of access to the A & D Enterprises building. Mr. Amato noted that when Vail Associates sold lots in the core area, they retained ownership of the streets. They then gave easements, not limited in time, in the streets to the lot owners. It is his contention that the Town did not acquire all of the out- standing interests in the streets when Vail Associates deeded them to the Town. In view of this, he was considering seeking an injunction against the closure of the streets in the core area. As an alternative, they would like the Town to admit that they do not have total control of the streets and then agree to allow persons desirous of going to the A & D building free access at any time. Mr. Robinson stated that while he would acknowledge that A & D Enterprises and other early property owners appear to have a right granted to them by Vail Associates prior to the dedication of the streets, any determination beyond that he found to be a policy matter. Mr. Robinson noted that a new law allow- ing governmental bodies to create pedestrian malls might override these private easements. He suggested that. the Counci 1 decide if they want to come under this law. Mr. Amato contended that the Town must either acquire the consent of those who hold interests or acquire those interests. Mr. Amato did agree that the traffic gate creates a desirable situation, although he maintains it violates his rights and hurts him economically. Councilman White inquired if Mr. Amato would dedicate those rights to the Town, if the Town admitted he had them. Mr. Amato suggested that that depended on other situations. The distinction between a private street and interests in a public street was explained. Mr. Amato stated that it was not his understanding at the time of purchase of the property that the concept of Vail had always been a pedestrian one. Mr. S ievin disagreed that the street closure necessarily created any permanent economic hardship on businesses in the area. Councilman Donovan moved that the question of rights in the street be tabled until the meeting of June 19, at which time a decision of the Council will be announced; the motion carried. unanimously. A meeting will be held in the interim to discuss the situation. Mr. Dobson explained that a suggestion has been made that the old sewer A-game be converted into an arts and crafts center and possibly a winter day-care center. The land is owned by Val I Associates. Mr. Rose rep orted that $15, 000 wou Id completely remodel the plant, landscape the area and winterize the building. The labor for the project would be given by Val I Associates. The only question he had was the period of time the building would be available. Mr. Nott noted that pending site-planning, he could only commit to use for a couple of summers. Mayor Dobson noted, in regard to efforts in the same vein, that the Vall Institute is incorporating and that their first project is summer theater, the space for which has been donated by Vail Associates in the Lionshead terminal. After some further discussion, Mr. Nott suggested that perhaps an answer could be given in 10 days on the period of time the building could be used. Mr. Rose suggested that pending this answer, the building could be re-modeled for the Summervail workshop. Mr. Milhoan, of that workshop, inquired how long it would take to rennovate the building, as his group has less than a month before they are scheduled to begin. There was general agreement that it ccu id be done -3_ in time. Mr. Milhoan also thought the plans should be looked over by people experienced in art. He was a bit skeptical of its suitability for the workshop. Mayor Dobson agreed that it might not be ideal for 200 to 300 people. Mr. Rose noted that the cost for summer remodeling would be $6,000. After some. discussion, Mr. Rose was authorized to remove the ice from the building pending a commitment of use from Colorado Mountain College and the results of the site-planning from Vail Associates. Councilman White moved that the Council authorize $5,000 for a joint effort of the Town and the VRA for Fourth of July fireworks. Councilman Donovan seconded; approval was unanimous. The minutes of the meetings of March 16, March 29, and April 17 had been previously submitted to the Council. Councilman White.moved they be accepted; Councilman Donovan seconded; approval was unanimous. The next item on the agenda, the question of the applicability of the Recreation Fee to the Rich condominium project, would require some additional data from the files. Hence, it will be discussed at a later time. The question of summer bus service was raised from the floor. Mayor Dobson noted that the Ginkelvan will be put in service as soon as repairs are completed. He also noted that the VA buses are available for lease. A member of the audience noted that private individua is cannot rent buses from Vai l Associates. Mr. K lug suggested that he could contact other people in the Lim s head area to • get their suggestions, which he could pass on to Mr. Rose. Mr. Elias sug- gested that, on a regular basis, two buses were too many. Mayor Dobson concluded the discussion with the stattement that the town would look into the possibility of leasing Vail Associates' buses. Mr. Elias reported that Mr. Eller had contacted the state liquor licensing officials and they were of the opinion that the VRA request for a special events permit would be denied. Mayor Dobson suggested that they still meet at 11:00 a. m. on Wednesday to consider the matter. Councilman Donovan brought up the matter of a request for two security trailers at construction sites at Booth Creek. Mr. Wall noted that it. is a violation of town ordinances if anyone lives in the trailer. After some further discussion, Councilman White suggested that the security problem could be solved in other, legal ways. There was general agreement with this approach. A final item of business was a suggestion that the Council pass a resolution supporting the creation of the Eagles Nest Wilderness area. Councilman White moved that such a resolution be passed; Councilman Bailey seconded; approval was unani mous. As there was no further business, the meeting adjourned at 10:45 p. m. fV Town Clerk -4- 1%, i' " MI NUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAIL JUNE II and 12, 1973 A special meeting of the Town Council of the Town of Vail was con- vened at 10:00 a.m., on June II and June 12, 1973 in the Council Chambers of the Vail Municipal Building. Mayor John A. Dobson and the following Council.'men were present: June I I : Richard Bailey Josef Staufer Tom Steinberg June 12: Richard Bailey John Donovan Josef Staufer Gerry White Also present for the meetings were: Larry Livingston -- Livingston and Blayney Bob Glover - Livingston and Blayney Larry Robinson - Town Attorney Kent Rose - Town Engineer Diana Toughill - Zoning Administrator Hans Weibel - Member, Planning Commission Jen Wright - Member, Planning Commission Jim Slevin - Member, Planning Commission Dave Sage - Member, Planning Commission The purpose of the meetings was to discuss and recommend changes for the proposed zonong ordinance. Larry Livingston first gave a general summary pertaining to the evolution of the ordinance. The proposed ordinance is very different from the one the Town is now using and it greatly reduces the intensity of development. He also pointed out that four new sections have been added to the ordinance--Single Family Residential, Low Density Multi-family, Design Review, and Environmental Impact Study. The Council then proceeded to review the proposed ordinance and the following changes were suggested: Article I - In discussing the definition of an accommodation unit, Livingston suggested that up to one--third of the floor area of a dwelling unit could be an accommodation unit and parking calculated on the basis of a dwelling unit. Mr. Staufer disagreed with the definition and felt that parking should be provided for both the dwelling unit and the attached accommodation unit as calculation for just a dwelling unit is discriminatory against the lodge owner. Mr. Slevin then raised the question of a two room accommodation unit that can be rented as one unit or as two separate rooms. Mr. Staufer felt there should be some credit in the parking calcula- tion for this arrangement as the two room suite is normally rented as one unit to a family. Mayor Dobson then pointed out that the Town of Vail may have over-reacted to the parking problem and that we may be requiring too much parking in each case. Several alternative solutions were proposed by the Council and by: Mr. Glover. It was decided to work out a solution and present it on June 12 for the Council's vote. Mr. Glover then presented an example defining average grade. Mr. Hibberd, a developer, then raised the question of the calculation .1f an area well 1s provided for Light to a basement area. Mr. Glover stated that the measurement should be to average grade rather than to the bottom of the area well. Gross residential floor area was then discussed and it appears that there must be some small changes made for the definition to apply for single family and duplex residences. Special Meeting June II and 12, 1973 Page 2 Article 2 - 2.503 - Larry Livingston then explained to the Council why he feels that the "distances between buildings" section is correct as written. He feels that this provision will serve to correct some of the existing problems of buildings being too close together. 2.505 - The definition of gross residential floor area will be revised for single family dwellings. 2.510 - Mr. Livingston explained why he feels that all parking should be enclosed either in a carport or.garage. Both Mr. Donovan and Mr. Weibel objected to carports and Mr. Donovan suggested that we make a rule allowing no carports, Mr. Livingston pointed out that this would be of questionable legality. Dr. Steinberg then stated that we are trying to encourage the cluster housing approach and that attached or covered parking destroys what we are striving to gain. It was then decided by the Council not to require covered parking in single-family or two-family districts. Article 3 - 3.501 - Mr. Weibel suggested that the site size of 10,000 square feet is too small. The Council then voted to change the site size to 15,000 square feet. They felt that the coverage of the site might also be reduced to prevent very large duplexes. 3.510 - Covered parking will not be required. Article 4 - 4.510 - Mr. Wright suggested that parking not be attached or in the main building in the Low Density Multi-Family district because of the cluster arrangement and the heavily wooded sites. The Qouncil then voted to delete the word "attached'". Article 5 - 5.506 - It was decided that a wall length of 1751 was too long and would permit very large buildings, which we are trying to prevent. Council voted to reduce the permitted wall length to 125' with a proportionally smaller diagonal.measurement. Article 6 _ 6.506 - Permitted wall length was reduced to 1751 with a 2251 diagonal measurement allowed. Article 7 - 7.506 - Permitted wall length was reduced.to 175' with a 225' diagonal measurement allowed. Article 8 - 8.200 (3) - Mayor Dobson wondered if 8;000 square feet of allowable space for a retail shop is the correct number. Larry Livingston then pointed out that the square footage figure was used because there are two shops that are this large which are still in scale with the Village. After much discussion of the appropriate size for a retail shop, Mayor Dobson suggested that we allow the public `to decide this matter at the public hearing. Coin-operated laundry *--and cleaning and laundry pickup were deleted as permitted uses. 8.502 - The subject of setbacks in commercial core was again discussed. Dr. Steinberg feels. that there should be some s..etback required to prevent total development of a site. Mr. Glover then explained that the Design Review Board can require a setback if it is deemed to be necessary. 8.506 - Permitted wall length was reduced to 125r with an appropriate diagonal measurement. 8.511 - Mayor Dobson inquired if this section would proclude street sales such as during Vail-Fest. Mr. Livingston stated that a section could be added to have permits issued for such things. It was also suggested that this section be administered by the Design Review Board. Article 9 - 9.100 Kent Rose suggested that the sentence "The District is intended to apply only to the Lionshead protion of the Town" be stricken as there are two other areas zoned CC2. 9.300 - Coin-operated lauddry and cleaning and laundry pickup were deleted as permitted uses. It was suggested that these mi;ght be retained as conditional uses. 9.606 - Permitted wa,-11 length was reduced to 1751 with a 2251 diagonal. . Special Meeting "'June 11 and 12, 1973 Page 3 9.607 - Site coverage was reduced to 70%. 9.609 - Landscaping was increased to 20% of the site. Article 10 - 10.606 - After much discussion of the size of buildings to be permitted, it was decided to leave this section as it is. Article II - 11.300 - Every use listed as a conditional use was considered and the following categories were stricken or modified: (1) Animal hospitals and kennels would require soundproofing,(2) Would remain as written, (3) Building contractorst yards will be reworded to allow Vail Associates and the Town to store construction materials but to prohibit general construction storage. (4) Reamins as written. (5) Commercial storage must be deleted or limited so that ;junk yards and related uses would not be allowed. (6) Building materials and lumber yards must be located entirely within a structure. (7) Machine shops would require soundproofing if necessary. (8) Motor vehicle sales and service must be located completely within a structure. (9) Stored vehicles in conjunction with repair shops must be completely within a structure of screened from view. (10) Remains as written. (11) Retreading and recapping deleted as conditional use. (1:2) Truck service stations deleted as conditional use. (€3) Remains as written with provision for screening storage areas from view. (14) The term warehouse must be defined. 11.406 - The size of buildings in the Heavy Service district was . discussed and several suggestions were made to reduce the s€ze. Mr. Bailey then pointed out that if we require such uses as lumber yards to be totally enclosed in a structure that we must allow buildings to be this large. Article 12 - 12.510 - The same parking requirement as Single Family Residential and Two-family Residential should apply to the Agricultural Zone. Article 13 - 13.302 -Contour intervals are incorrect. Should be in conformance with new topographic maps. €3.200 - Mr. Rose inquired if the A.gricu.ltural district would remain. Mr. Livingston started that the new' SD- I z,on i ng .wou l d apply to the entire site for reason of control. Mayor Dobson inquired what would happen €f only area A were developed and ar.ea.B sold to someone else, Bob Glover rep Iyed that the SD-I district would require that the new owner would have to comply with the development plan as submitted by Clancy and Bradey and if they wished to do a different type of development, a new development plan would have to be submitted.and approved under another special development district. It was then pointed out to the consultants that part of the original agreement was that Clancy and Bradey would develop the entire site and maintain it under unified management and would not sell a portion of the site. Larry Robinson is concerned that a portion of the development will be built and that the entire project will not be completed. He suggested that a clause be added which would require that any portion built must pass design review. It was also suggested that there be a requirement for a performance bond for each portion of the structures. Article 14 - Parking - Mr. Glover suggested a solution for parking for dwelling units vs. accommodation units which had been discussed previously. It was decided to require .5 p€us .I per 100 square feet with a maximum of two spaces fora dwelling unit. An accommodation unit would require .75 for 300 square feet plus .l for each additional 100 square feet.with a maximum of I space per accommodation unit. Mr. White still feels that each accommodation unit should require one space, but Mr. Staufer feels this is too many since he has times when the Vail Village Inn is completely full and the parking lot has only about five cars. He also raised the question of whether we want to furnish parking for peak periods or only for.normal busy times. x Special Meeting June II and 12, 1973 Page 4 Article 15 - 15.200 There was a lenghty discussion about who should be appointed to the Design Review Board and whom they should be ap- pointed by. Mayor Dobson felt that all members of the Board should be appointed by the Town Council and that at least three of the members should be from the Planning Commission so that the Town staff would not control the Board. Mr. Staufer felt that salried employees should not have to vote on such a political board as it would make their jobs much harder. Mr. Bailey then questioned the legality of the Design Review Board and Mr. Livingston stated that he is 99% positive that It will stand up in court if it is challenged. Mr. Livingston then explained to the Council that section 15.600 is merely a guide- line and not a hard and fast regulation. The Council then decided to change the section to include three Planning Commission members and two members from the community, all to be appointed by the Council. Staff members should be non-voting members or advisory status. Larry Robinson then questioned the appeal process. He felt that the period alloted for appeal was not sufficient time to prepare an appeal, The time period was increased to 14 days from the decision of the Design Review Board and to be heard at Town Council's next regularly scheduled meeting after the appeal is filed. Mr. White stated that he felt the Planning Commission and the Design Review Board should be the same people. Mr. Livingston felt that the Planning Commission is already burdened with enough meetings and that they would not be able to devote enough time for doing a thorough study for each project. The time period of two weeks from submission of plans was determined to be too short of time in case of several sets of plans being sub- mitted at the same time. This section was changed to read that design review shall occur no later than 30 days from submission of plans. Article 16 - Mr. Donovan wanted to know if the Town could control utility lines under the environmental impact provision. Mr. Robinson explained that the PUC has fairly tight control over theutil!ties and they are normally not subject to local control. 16.300 - Item 4 of this section is deleted. 16.503 - A clause should be added to provide for preparation by experts hired by the town at the expense of the developer if it is deemed necessary by the Town staff. Staff will have the option of preparing the environmental impact study themselves if they feel they can do so. Add the words "to prepare or" review an environmental impact study. 16.502 - Council can accept or reject environmental impact report. `This section will be changed so that either staff or consultants hired by the Town will perform the study, Council felt that developer's consultants would be biased in their reporting. A 30 day time limit was set for the preparation of the report if the staff performs the study and up to six months if consultants must be hired. Time period would be extended by the Council. Article 17 - Mayor Dobson questioned the regulations pertaining to fences in setback areas. He feels that sometimes the fence would be more attractive than the object it might hide (particularly utility boxes, etc.) 17.200 - Add the word "significant" vehicular traffic. Article 18 and 19-- No changes,. Article 20 - 20.900 - The last section will be changed to read: "or shall be reviewed by the Town Manager or his staff and approved by the Town Council". Article 21 - 21.102 - Add Town Attorney to blank. 4k __ General - Ski lifts and tows should be added as a conditional use in all zones. Mayor Dobson felt that size of patios should be limited. He suggested that they be no greater than 20% of the total floor area of a restaurant. i . • Page 5 ADDENDUM TO MINUTES OF JUNE 11, 1973 Prior to discussion of the proposed new zoning ordinance, the various problems currently developing in regard to the pedestrian areas were discussed. The history of the problem from the time of the Vail Associates granting of private easements was discussed by Mr. Robinson. He noted that there is a law in Colorado which addresses itself to the creation.of pedestrian malls; for the Town to take action under its provisions, a strictly defined set of rules for access would need to be developed. Action under the provisions of this law would take 60 to 90 days. It was generally agreed that proceedings under the Colorado mail law should be started, incorporating a simple set of rules to be developed by Mr. Livingston. Gary Wall, Police Chief, requested that he be given some direction for the present day-to-day operation of the gate. It was generally agreed that: 1 . there should be no through traffic for sight-seeing; 2. delivery trucks should be allowed except from 11 a. m. to 2 p. m.; 3. all traffic should be stopped from 11 a. m. to 2 p. m.; 4. construction vehicles should prove the necessity for entry before being admitted. Mr. Wall acknowledged that any person desirous of going to the liquor store is at present admitted. . Mayor Dobson suggested that the 15 minute limit with time slips be re- activated. A final suggestion was to change some "no parking" signs to "loading zone" and to strictly enforce the remaining "no parking" areas. The meeting continued in discussion of the proposed new zoning ordinance for the remainder of June 11 and throughout the meeting of June 12. Town Clerk • MINUTES REGULAR, MEETING TOWN COUNCIL OF THE TOWN OF VAIL JUNE 19, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:35 p.m., June 19, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney The meeting was convened with the Council acting as the Local Liquor Licensing Authority. Mary Joyce Senac had made application for a beer, wine and liquor license for the premises formerly occupied by Leroi's Public House. Douglas McLaughlin was present representing the applicant. The Town Clerk indicated that all fees and forms had been received. Police Chief Wall indicated that the police department had received no negative information on the applicant. No petitions had been received for or against the application. Councilman Donovan asked if any of the patio on the north side of the building was on green belt land. Mr. McLaughlin noted that the question had been previously researched and the patio was on Mr. Rosenquist's property; however, a barrier would be placed on the patio to protect the green belt. Councilman Steinberg inquired whether the problem with the sewer system in the restaurant had been repaired; Mr. McLaughlin indicated that he understood it to have been corrected and that the applicant was working with the Town Sanitarian. Councilman Donovan moved that the license for Mary Joyce Senac be approved; Counci Iman White seconded; approval was unanimous. The Vail--Eagle Valley Rotary Club had made application for a 3.2% beer special events permit for the Fourth of July. Mr. Robinson recommended the applica- tion be approved. It was clarified by Mr. Strauch that the beer would be con- sumed on the premises. Councilman Staufer moved the application of the Vail- Eagle Valley Rotary Club be approved; Councilman Bailey seconded; approval was unanimous. is As there was no further business, the Local Liquor Licensing Authority adjourned at 7:55 p.m. and the Town Council was convened. Ordinance No. 8 (Series of 1973) AN ORDINANCE ESTABLISHING COMPRE- HENSIVE ZONING REGULATIONS FOR THE TOWN OF VAI L, AND PROVIDII? FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; CREATING ZONING DISTRICTS; ESTABLISHING AND CREATING A ZONING MAP; ESTABLISHING PARKING REQUIREMENTS; ESTABLISHING A DESIGN REVIEW BOARD; CREATING REQUIREMENTS FOR ENVIRONMENTAL IMPACT REPORTS; PROVIDING FOR APPOINTMENT OF A ZONING ADMIN- ISTRATOR; PROVIDING FOR VARIOUS ADMINISTRATIVE, REVIEW AND APPEAL PROCEDURES; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 7 (Series of 1969), ORDINANCE NO. 8 (Series of 1970), ORDINANCE NO. 15 (Series of 1970), ORDINANCE NO.. 3 (Series`of 1972); AND SETTING FORTH MATTERS AND DETAI LS IN RELATION THERETO, was introduced for first reading. The title was read in full and the audience advised that copies of the ord i nance we re avai lab le. The Mayor i nd icated that Mr. Livi ngston would be in Vail on July 2 and'3 to discuss the ordinance with interested groups and individuals. The second reading is scheduled for July 17. Councilman Staufer noted that he had received a request that coin operated laundries be a conditional use in CCII. Z Discussion turned to the consideration of a request for a parking variance from Booth Creek Associates. Mr. Rose explained that, in the process of building the road to the Booth Creek water, tank, some fill was inadvertently left on Vail Associates' property. At this point, the Town would either have to remove this fill or grant a variance for three parking spaces. It was his opinion that the three spaces were not essential to the project. Also, the landscaping that has been done in the area would suffer. Councilman Steinberg moved that a parking variance of 3 spaces be granted to Booth Creek Associates; Council- man Donovan seconded; approval was unanimous. Returning to the first reading of the zoning ordinance, the Mayor polled the Council as to whether they had read and understood the ordinance; Councilmen. White, Staufer, Bailey, Donovan, and Steinberg indicated that they had. Councilman Staufer moved that the proposed new zoning ordinance, No. 8 (Series of 1973), be approved; Councilman Donovan seconded; Councilmen Bailey, Donovan, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish same. Councilman White moved that the second reading be held at 7:30 p.m., July 17, in the Council Chambers; Councilman Bailey seconded; Councilmen Bailey, Donovan, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried. Discussion of claims to rights in the streets of the Town of Vail was postponed. It was noted that there have been no volunteers to serve on the Election Com- mission. The Town Clerk was instructed to continue taking applications for this commission. The minutes of the meetings of April 19, April 24 and June 11-12, 1973, had been previously submitted to the Council. Councilman Steinberg moved they be approved; Councilman White seconded; approval was unanimous. Next on the agenda was the public hearing on a proposed P.U.D, provision for Sunburst at Vail. Mr. Minger explained the history of negotiations on the 40W- acre tract along the golf course and the history of plan changes by the Shamrock Vail group. Mr. Minger also reviewed the work of the planning consultants with this group. Mr. Clancy, of Shamrock-Vail, introduced their consultants who were present at the meeting. Mr. Jensen, their attorney, explained that they applied for a Planned Unit Development Permit under Ordinance No. 7 (Series of 1969) on June 1 , 1973. The land is under a.single ownership and all the uses proposed are allowed uses. The proposed F. A.R. is 15% less than. that allowed under the current zoning. Mr. Jensen explained the exhibits they were submitting with their application. He also noted that the Shamrock-Vail group accepted the recommendations of the Town of Vail planners made up to and including June 18. A slide presentation was made of various aspects of their plan. Mr. Seracuse, their architect, noted that the total number of units . contemplated was 585. A memorandum dealing with the project from Eldon n their This proposal and the recommendations was due to a difference in method of measure- ment. However, the number of floors did not differ. In regard to the schedule of credits for recreational amenities, Mr. Clancy was of the opinion that the Council would prefer that the matter be negotiated at the beginning of each phase rather than at this time. The fact that some of the items might receive no credit would not be troublesome to the developers, with the exception of the multi-media center, which they felt required a credit. Mr. Seracuse explained the phasing of the buildings with a view to showing that each of them could stand alone should the project be hatted at any point before completion. Councilman Donovan inquired if Council approval would travel with the land; if the land were sold, would it need to be reviewed again? Mr. Robinson was of the opinion that the selling of the land would not affect the .approval. A lso, any new owners would be required to follow the agreed upon plan. In regard to the amount of Minger., - who also commented that the memorandum was summarized by Mr. eir option that the land remain open space was not available. It was also noted that Beck Mr. of RSeracuseoyston, explained Hanamoto!, that the Beck, & apparent Abey discrepancy had been submitted to heights Counci between I. any future construction projects in the Town will be required to submit an environmental impact report. -2 density reduction, Mr. Clancy noted that the parking arrangements of the new ordinance have enabled them to reduce the density.by 15% while maintaining the same level of amenities. It was repeated that 585 units (11.7 of which are hotel units) are contemplated, with 2300 to 2400, people at 100% occupancy. The original number of people contemplated for the project was 3,400. The first phase would be 73 units housing 242 people and 5,700 square feet of . commercial space. Mr. Clancy reported that they had contracted for 24 rental units in West Vail for employees for the first two' seasons; after that time, the employee housing units wilt be constructed. It was clarified that the application is being made under the old zoning ordinance; however, the application is identical to Section 13 of the proposed new zoning ordinance and the developers have agreed to abide by this section. Mr. Gersbach inquired if the new zoning ordinances were available prior to that afternoon; Mr. Minger noted that they have been available for some time although recently-- changed sections were only available that morning. Mr. Robinson noted that if the project is given approval, it could only be re-zoned if it could be shown.that conditions had changed substantially. Mr. Frank noted that in order to avoid the situation that exists in Lionshead, where amenities were shown in prospectus' but never built, it would be necessary to obtain some type of guarantee of amenity construction. Mr. Robinson explained that by using a P.U.D. approach, dead- tines can be set by which time certain amenities must be completed; if these deadlines are not met, sanctions are available to be imposed. Mr. McLaughlin inquired how many units were contemplated per buildable acre; Mr. Seracuse indicated that they did not have that figure. However, it is not true that a majority of the site is unbuildable. Mr. McLaughlin maintained that because this figure is not available the density calculations are misleading.. Mr. Minger noted that the original allowable density was .7 or .8 to 1; the current proposal is .4 to 1 . Mr. George Knox questioned whether the sewer system could adequately handle the volume generated by this project. Mr. Rose replied that the Water and Sanitation District has contracted for a plant expansion which will triple the capacity of the plant; this work hopefully will be completed by November 15. In addition, the Upper Eagle Valley Sanitation District, which handles some Vail sewerage, is expanding. Councilman Donovan inquired as to the current status of the UEVS plant. Mr. Rose noted that they are currently over-capacity due to infiltration. Eve Nott suggested that the quantitative impact on the golf course area would be overwhelming. She inquired who was responsible for the original zoning of the property as non-residential. Mayor Dobson indicated that the Council had allowed some commercial uses, as the annexation would not have taken place . had the zoning not been acceptable to the owners. The question before them at the course which might be taken by the owners if the P. U . D. provision were not granted would be to sell the land to others in small pieces. Councilman Staufer noted that when the subject of a moratorium was discussed, it was rejected by the audience in attendance; hence, the only alternative is controlled development. the time was whether to annex and gain some control or not annex at all. Mrs. Nofit suggested that the annexation had not been publicized. Mayor Dobson took exception to this statement; it had been publicized, although the public may not have attended to participate. Mr. Kindel inquired if the developers were prepared to take longer than 6 years to complete the project, Mr. Clancy indicated that they had looked at 7 - 10 year alternatives. Mr. Anderson inquired if the Cour>cil had examined, the financial condition of the developers. Mr. Robinson suggested that there might be no legal way to conduct such investigations. A member of the audience suggested that :provisions should be added to the P. U. D. arrangement whereby it can be changed. He also sug- gested that a surety band arrangement was necessary to guarantee the public open space. Mr. Minger agreed that performance or surety bond provisions should be added to the agreement. Another member of the audience suggested that an escrow account would be the-.only way to provide protection. Council- man Steinberg suggested that one guarantee of performance was the -.need of the developer to obtain permits each year, which permits would not be issued if the standards had not been met, Councilman Steinberg also clarified that -3- a . • • NAr. Blumberg asked what the plans were for the commercial space. There would be 60,000 square feet of commercial space, built on a phase basis. The allowable uses are listed both in the permit application and in the. Section 13 of the proposed new zoning ordinance. The square footage given also includes the multi-media center. Mr. Blumberg noted that this commercial space might generate a great deal of'traffic. Mr. Lou Parker asked. if there were a referendum procedure applicable to this project. Mr. Robinson replied that had an ordinance been required to approve the project, a referendum could have been applied. A member of the audience inquired if there were three alternatives; 1 . approve the project as presented; 2. approve other buildings; or 3. just leave it open. Mayor Dobson reported that these were not the alternatives; the land has been purchased and it cannot be zoned in.. such a way as to deprive the owners of their rights to- the land. A member of the audience suggested that there.is not room for 2100 people in the Town. Councilman Staufer suggested that in that case it also be considered that there are 200 to 300 acres in Bighorn which are not controlled and from which, if developed, additional people will come into town. The member of the audience suggested that the controls in this case:were'.not being strictly enough enforced, Mayor Dobson suggested that they could not limit this project further and still be within the law. After some further discussion, Councilman White suggested that the only alternative at this point is for the Town to condemn and purchase the property. Mr. Bob Parker expressed three concerns; 1 . that the trans- portation system operate as projected; .2.' that a proper relationship be established between the. golf course and the project; 3. that a proper rela- tionship be established with the ski facilities. It was his opinion that the recreational facilities provided in the project are not those upon which it will depend. He was concerned as to -how they would finance their transportation system. Mr. Parker felt it was necessary to establish a way in which the people of Vail can also have access to the golf course. Likewise, he felt it would be necessary to establish priorities between existing residents and guests and new people on the mountain. Mr. Clancy noted that the transportation system was bound by the same type of agreements as the amenities. They can either use a private source of financing or finance it through the project itself. In regard to the ski facilities, he noted that they have. looked at these on a regional basis, Mayor Dobson added that,. in regard to the golf course, this would have to be handled by the Recreation District but that all citizens would have to have a relatively equal access. to it. The problems with the ski facility were, likewise, not within the purview of the Council. Marion Frank noted that she was in favor of a large corporation developing the property as they are more likely to build the amenities and could possibly raise the necessary funds more easily. .Councilman White suggested that the Couricii.. pursue performance bonds for each phase of this project and every project being built in the Town. Mr. Robinson suggested that if-the Council. were not prepared to act on the application at this time., the public hearing should be continued to another time. Councilman Bailey noted that his only hesitation centered on the comments made by Mr. Beck regarding supporting materials. Councilman Donovan stated that he was in favor of continuing the hearing to the next meeting Councilman Steinberg agreed. Councilman White noted that he thought the recreation fee question needed to be settled before approval was :given. Mr. Clancy offered to give: the town a letter of credit at the beginning of each construction season for the items scheduled for that phase. Mr. Jensen stated that it would be helpful if they could have prreiiminary approval, subject to the items which the Council had mentioned. Mayor Dobson suggested that all of the concerns could not be listed Within the next 10 minutes. After some dis- cussion, it was suggested that the project could be approved subject to the suggestions of Mr. Beck and letters of credit arrangements. Mr. Clancy clarified that they would include the amenities in any performance bond arrange- ment; he had no objections to including the transportation, but the detalls of. its financing have not yet been worked out. After some further discussion, Councilman Bai ley moved that the Council approve the proposed P. U. D. provi- sion for the Sunburst at Vail project subject to the findings of Mr. Beck written on June 16 and to an arrangement for a satisfactory performance bond or letter of credit to cover the landscaping and amenities as presented in the plan, such approval to be subject to a satisfactory meeting of the conditions within 7 days. Councilman Steinberg seconded the motion. Councilmen Bailey,' Donovan, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried. _ 1 S The VRA had submitted a list of the projects they would like to undertake in conjunction with the Town. This v?o uld. require the $8,000 which had been earmarked for that organization in the budget. Councilman Staufer moved that the $8,000 be allocated to the VRA; Councilman Bailey seconded; approval was unanimous. In regard to the re-modeling of the old sewer plant A-frame, it will be used this summer although a long-term commitment is still pending. Jen Wright indicated that Vail Associates would have more information within two weeks. The estimated total cost would be $20,000. After some. further discussion, Councilman Donovan moved that $3,000 be allocated to make the building usable for the summer; Councilman Steinberg seconded; approval was unanimous. As there was no further business, Councilman Donovan moved that the meeting adjourn at 11:30 p.m.; Councilman Bailey seconded; approval was unanimous. Town Clerk r -5- r 1 MINUTES WORK SESSION TOWN COUNCI L OF THE TOWN OF VAI L JUNE 25, 1973 ./ A work session of the Town Council of the Town of'\/ail was con\/e ned at 10:20 a.m., June 25, 1973, in the Conference Room of the Vail Municipal ~ Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey Tom Steinberg Also present were: Terry Minger, Town Manager Stan Bernstein, Finance Director Dan Herrington, Boettcher & Co. Mr. Herrington was present to discuss municipal bonding capacities. He explained that it would be possible for the Town to issue either General Obligation Bonds or Sales Tax Revenue Bonds. The interest on the general obligation bonds would be 1/2% lower. However, such a bond based on the property tax mill levy would be politically difficult. If the sales tax were used, an additional 1 cent tax would be necessary. Mr. Herrington men- tioned that, if the growth of the Town continued, the current issue could be structured in such a way that other bonds could be issued in the future on the same basis. Mr. Minger suggested that a combination of sales tax and general obligation would be the best. Mr. Herrington concurred that the provision that the revenues would come from sales tax would add the flexi- bility of using parking structure revenues. Mr. Herrington suggested that the ballot would contain at least two questions, one for each project, the need for a separate question for the sales tax increase has not yet been decided. Without the additional cent sales tax, the necessary funds would only be barely available if everything was at its best, and these bonds would be difficult to sell. With the additional cent sales tax, the general obligation capacity would still be available in the future If there were any monies remaining from the additional cent, it could either be put in the general fund, tied to certain projects, or used to accelerate debt service. • In regard to whether the Recreation District has the financial capacity to build an ice rink, Mr. Herrington was of the opinion that they could. Mr. Minger noted that if the Town decided to build this facility, the plans would not be detailed enough by the time of the bond election to include it at that time. After some further discussion, the Council agreed that the bond election was moving in the right direction. In regard to the Sunburst project, Mr. Minger noted that they have submitted a proposed P.U.D. permit. Councilman Steinberg inquired if they were willing to re-negotiate credits and projects in the future. Mr. Minger noted that they are willing to do this. There was general agreement that a meeting should be held at 10:00 a. m. on June 20. In regard to attempts to overthrow the decision of the Council on this matter, Mr. Robinson noted that a referendum is not pos- sible as the permit does not take the form of an ordinance; it is possible, how-. ever, that an initiative ordinance might be proposed. Mr. Robinson noted that the owners of the Rich condominium complex are of the opinion that they should be exempt from the recreation fee. He suggested that the Council consider whether the guarantee of the zoning ordinance and building code for this group also included an exemption from this type of fee. As there was no further business, the meeting adjourned at 12:15 p. m. l own C ierk MINUTES REGULAR ME'E'TING TOWN COUNCIL OF THE TOWN OF VAIL, JULY 3, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:30 P.M., July 3, 1973, in the Council Chambers of. the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Josef Staufer Tom Steinberg Gerry White Also present were: Terrell J. Minger, Town Manager Laurence B. Robinson, Town Attorney. Larry Livingston, San Franc.isco'planner The Mayor opened the meeting by stating the first item on the agenda was a discussion of the proposed zoning ordinance. He then introduced Larry Livingston, who was present to make a general statement and answer any questions regarding the ordinance. The Mayor turned the meeting over to Terry Minger, Town Manager, for his comments before beginning to read the ordinance. Mr. Minger stated, with regard to the zoning ordinance, that, first, the Building Department and the Town Staff had put together an inven- tory of all existing buildings in terms of mass,=size, location and type of use, etc., and determined what the positive and negative points of each building were, in order to re-evaluate the old ordinance, especially with regard to the F.A.R. ratio. Secondly, the day-to-day types of problems, weaknesses and inconsistencies of the old ordinance were examined. Thirdly, it was noted that the most important thing omitted from the old ordinance was a section dealing with the environ- ment, and that they had been focusing on the type of impact that develop- ment has on our environment (such as vegetation, avalanche, flood, air and quality kind of life). Fourthly,.a Design Review section was being incorporated into the new ordinance in order to consolidate architectural review and design review, including graphics, signs, architecture and landscape. Mr. Larry Livingston.gave some brief comments regarding the situation in Vail and the need for a new ordinance. He stated that the scale of the Village Core was good and an ideal situation for a pedestrianized area with transportation center. He noted that a difficulty arose because, instead of a single core in the Village, there was also another core in Lionsffead, but the idea of a public transportation system between the two cores would h6p solve the problem. He also noted that the biggest change in the ordinance was a reduction in the permitted intensity of a building, so as to avoid the recurrence of a development in the scale of LionsHead. He also mentioned the addition of the Design Review pro- cedure, which will insure design quality And environmental impact of future development. It was also noted by Mr. Livingston that the ordinance had been developed in two phases; .first, the zoning district regulations, and second, the staff review. After the suggested changes of the staff had been made, Mr. Livingston and Mr. Bob Glover had 2 full day sessions with the Town Council. with'regaxd to the changes, and the official first reading of the ordinance was made on June 19th. The Mayor began to read.the Zoning Ordinance by Articles, and asked if there were any questions as to each article. Mr. Bob Nott of Vail Associates asked if any graphic illustrations of the various zoning districts had been prepared, in order to see how buildings looked in relation to slope, etc. The Mayor answered that nothing by way of graphics had been prepared however, Mr..Larry Livingston noted that he had some sketches of height relations as to average grade and that they could be xeroxed. Mr. Ben Frank made a statement that the Town had done an excellent job in attempting to control growth within legalities, but that he felt some sort of control or performance bond on a developer should be written into the zoning ordinance, along with a performance bona" with regard to such things as recreational amenities, etc. Mr.. Robinson said this was covered in Article 13 and.the F.U.D. Mr. Livingston did feel, howe9,'6r, that some sort of bond could be incorporated into the zoning ordinance. Councilman White also agreed that the incorporation of a performance bond into the zoning ordinance should be pursued. Mr. Amato asked if the sub- division ordinance would have to be reworked,.and Mr. Livingston. replied that it did need some minor adjustments. Mr. Jerry Dooher, a landowner on the golf course, posed a question as to Article 13.301 regarding access and a transportation system at the "Sunburst" project. He noted that one of the conditions imposed on the developer was provision for a transportation system rather than the use of the individual automobile and asked if the bus schedule at Sunburst was to run every 2 minutes on the access road. Mr. Minger replied that the agreement between the -Town and Sunburst was that the intervals would. be no longer than 2 minutes. He advised Mr. Dooher that the concept had been to minimize traffic and land use. Mr. Dooher questioned if there were any plans for other access to the Sunburst development. Mr. Livingston replied that Mr. Beck had studied the problem of access and cannot come up with any other route which would not be devastating. Attorney Doug McLaughlin asked if the contract agreement between the Town and Sunburst were available to the public, and Mr. Minger replied that it was available. Mr. Bob Nott asked how many buses would be used and where they would be stored on the Sunburst property. Mr. Minger answered that there was a maximum of 6 buses, depending on the size of the bus, which would be stored in their underground parking facility. • With regard to Article 14, Mr. Bill Bauer felt that the parking require- ments for individual restaurants (l space for every 4 seats or 60 square feet) were too high. The Council is giving consideration to changing the parking requirements for CCI and CCII, but the HDMF and PA zones will remain unchanged. Attorney McLaughlin wanted to know shat consideration had been given to Colorado law regarding off-street parking requirements, and stated that most off-street parking requirements would be unconstitutional. It was replied that there are many ordinances requiring off--street parking in Colorado and that to not have such a requirement is a worse situation. Mr. McLaughlin felt that some sort of contractual bond was needed to require off-street parking. Also, with regard to parking requirements, Mr. Bob Nott felt that in a LDMF district (townhouse), the requirement for 50% parking under cover was unreasonable in that it would lend itself to covered carports and that proper landscaping would be a better solution to the problem. • page 2 in regard to Article 15.600, Design Guidelines, Mr. John Amato questioned the use of the term "should" as opposed to "shall". Mr. Livingston advised that the word "should" was used as the Design Review Board needed some sort of criteria to use as guidelines, -- which guidelines are not mandatory. in regard to Article 16, Environmental Impact Study, Mr. Bob Nott questioned whether the environmental impact study should be applied to single family duplex and townhouse zoning districts. He felt the requirement should be at the time of platting and not at the time of subdivision, so'as to avoid passing it on to the buyer. It was suggested that an environmental impact report done at the subdivision level could have an expiration date. However, Councilman Donovan noted his feeling that the ordinance should not be changed. Mr. Livingston proposed.that the conditions of the study could be met by use of a checklist for a simple project; however, it was pointed out that the ordinance did not con-tain a provision for a checklist and that the procedures of enforcement were not spelled out in the ordinance. Mx. Livingston noted that this section would be studied further in order to set forth criteria to govern Council's approval or rejection of a project. Mr. Livingston also no tied that there had been no comments on Articles 1 through 12 and that it might be of interest to note the reductions in intensity. Diana Toughi ll has a document setting forth the specific figures, which is available to anyone interested. Mr. John Amato asked if there was a new map of the proposed zoning districts, and the mayor pointed out the present zoning map, which is the same, with the exception of the SD-1 zone. The Mayor advised that the second reading of the proposed zoning ordinance will be conducted at the regular meeting of the Town Council at 7:30 P.M. on July 17, 1973, and thanked Mr. Livingston for his assistance. The second item on the agenda was the reading of the proposed sign ordinance. Mr. Minger advised that there were some matters which needed to be changed and that there would be insufficient time for publishing of the ordinance. He stated that there will be a formal reading as soon as possible and suggested that anyone interested should obtain a copy of the ordinance and make any comments or suggestions he feels necessary. The third item on the agenda was the vacancy on the Planning Commission; it was noted that three applications had been received for said vacancy, which will be reviewed by the Council. . Fourth on the agenda was the reading of the minutes of meetings on May 15, 1973 and June 5, 1973. Councilman Bailey noted a change in paragraph 5 of the minutes of May Z'5, 1973, -- from 9' by 8'8" to "9' by 18'". Councilman Steinberg moved to approve the minutes, with the above correction noted; Councilman Donovan seconded; approval was unanimous. At this point, Mr. John Amato asked the Council if anything had been done with regard to the problem of easement rights on the streets of the Vail Village Core and at the Checkpoint Charley gate. Mr. Robinson advised him that other matters have pre-empted this problem, but that the Council has been giving it consideration. The Mayor advised Mr. Amato that they would have an answer for him within the next two weeks. The fifth item on the agenda was a report from Rod Slifer, Recreation District Board Chairman, on the Ice Arena Status. Mr. Slifer began by advising that there had been a couple meetings between the Recreation District and the Town Council regarding feasibility of &" multi-purpose ice skating arena and that the Recreation District has an active committee working on the matter. It had not yet been determined who should be • page. 3 responsible, the Town or the Recreation District, for the building of an ice arena. Several consultants, Walter Bush, Bob McNulty and Eddie. Shipstead had attended the last meeting, with the result that Mr. McNulty advised that his firm could do a feasibility/cost study for a fee of $4,500. Mr. Slifer recommended, on behalf of the Recreation District, that Mr. McNulty's firm be retained to do the study. Councilman Bailey expressed his opinion that the Town should proceed and retain Mr. McNulty to do the study, appropriating Town funds for the same. Councilman White stated that Mr. McNulty's firm was not only able to prepare a feasibility study, but is also in a position to do the construction. There was some discussion regarding the location of the proposed arena and the possibility of the Anholtz property. Mr. Dick Elias felt that if the. study were prepared on the basis of the use of the Anholtz property; the.money should not be spent for such a study. He was advised that the study was not tied down to any particular piece of property. There was also a question.of whether or not the community had been consulted on priorities for such a multi-use facility, and Mayor Dobson responded that there had been a tremendous amount of citizen input. After some further discussion, Councilman Donovan moved that the Town appropriate $4,500 to retain Mr. Bob McNulty to prepare a feasibility/cost study; Councilman Bailey seconded; and the motion was carried. The sixth item on the agenda were reports for the Town Manager: (a) Mr. Minger announced that World Odyssey, Inc. had asked the Town for permission to operate a kayaking venture.on the pond near the Creek- side Building. After some discussionjregarding the number of,kayaks to be in operation, along with the number of supervisors present, questions of liability and the use of waivers or releases, legality questions as to possession of the property, Council felt contingent approval be granted with conditions of.safety requirements and study of legal requirements to be worked out by the Town Attorney. Councilman Staufer moved that such approval be granted; Councilman Bailey seconded; and the motion was carried. (b) Mr. Minger presented the Annual Report for the Vail Public Library for the year 1972 showing an increase in volumes and efficiency. He advised that Annette Milliron had resigned as Librarian and that the Town is in the process of reviewing applications for the hiring of a new librarian. He also asked for suggestions for improving the library service. Copies of the Annual Report are available to the public. (c) Mr. Minger advised that preliminary negotiations had begun regarding the Cable TV franchise; the present franchisee has been asked to respond • to the Town's proposals by mid-July. The public will be invited to attend any formal negotiations as soon as they are commenced. The possibility of other companies was suggested; however, no action may be taken until the present franchisee responds to the Town's.negotiat'ons. Rates, along with performance, will be discussed. Mr. Dick Elias noted that if the fran- chisee delays the Town. in negotiations, his group will request arbitration in order to receive an-answer from the: cable. company by September. (d) Mr. Minger discussed the Town Bicycl;e.Program, which is the use of bicycles to conserve gas for such things as meter reading, etc. (d) With regard to the plaza/fountain area in front of the Creekside Building, Mr. Minger asked direction from the Council. A budget of $15,000 was proposed, excluding the cost of a sculpture. Mr. Ben Frank offered to donate a marble sculpture to the Town. The Council suggested that construction not be commenced until after Labor Day in September. LJ page 4 I . Mr. Minger also suggested that any interested citizens and the press contact him to have a walking tour of the master plan area before its presentation on duly 12, in order to receive comments from the community regarding the master plan. After some discussion regarding publication of bond regulations, a motion was made by Councilman Staufer setting a bond election for Tuesday, August 21, 1973 and to commence publication of notice for registration of election; seconded by Councilman Bailey; unanimous vote. A question was raised by Hemmie Westbye regarding the Sunburst project as to why citizens were not properly informed and why such a substantial amount of commercial space had been allowed., in view of the fact that the LionsHead area was just beginning and was not being given a chance to catch up. Jerry Dooher also raised the question as to why the Sunburst project had not been publicized more intensely:' Mr. Minger then read.a list of meetings re the Pulis property going back to August 4, 1969, including dates on which registered letters had been set to the property owners. It was also pointed out that at the time of annexation, LionsHead did not exist, except for the Gondola Building. Mr. john Anato•pointed out that the Town had crone the best they "could in annexing the property;- and imposing regulations and requirements, as opposed to leaving the property outside the Town limits without..any requirements, He also noted that it was much easier to develop in the County than within the Town limits. He went on to say that no public hearings are required on annexation, and zoning can be done without public meetings; and the community should take into consideration that the Town found it more desirable to annex the property and impose regulations. Mr. Hans Weibel questioned why the land had not been purchased by the Town, and the Mayor replied that he did not think a Town could purchase land to prohibit development. Attorney Doug McLaughlin agreed that it is not Iegi;timate to purchase land to avoid development; however, he felt the land could be condemned for parklands. Mr. Dick Elias noted, with regard to the Anholtz property, a rumor that there will, be a trade-off of land with Vail Associates to accommodate 200-400 condominiums and a chairlift. The Mayor responded that the Town has not, and is not, negotiating with Vail Associates for a land trade-off. Mr. Hans Weibel asked what the Vail Institute was; the Mayor replied that the Board of Directors was in the process of preparing a statement for the press regarding the Vail Institute. He also advised that the Vail Institute was a corporation organized in the State of Colorado, seeking tax--exempt status as a non-profit corporation. He stated that the purpose of the Vail Institute is to sponsor ongoing cultural events and activities within the Town. It was also questioned whether the.Town was connected with the Institute and whether or not any Town funds were involved in the Institute. The Mayor answered that there was no .connection and no money involved, but that the Town staff had been used to help form the Institute... - Mr. Weibel questioned whether 2% of the franchise money of the Cable TV will go to a private corporation, -- the Vail Institute. The Mayor replied that he knew nothing in that regard. Mr. Jim Lamont answered that part of the negotiations, which are available to the public, proposed a means by which the cable company would contribute to public service (? [:3' broadcasting within the community, but that this was merely a concept with which they were dealing. • pa ge 5 Mr. Weibel then asked why Vail Associates was allowed to use helicopters to fly over the Town with construction materials in order to build their lift towers. Mr. Minger replied that it was correct that Vail Associates was using helicopters to build their lift towers, but that he did not feel the towers could be constructed in any other manner which would not cause damage to the environment.. The Mayor concluded the meeting by pleading with the community to have faith in the Council members and the Master Plan. As there was no further business to come before the meeting, the meeting was adjourned at 11:15 P.M. 7bwn Clerk /nmm • • C? pa ge. 6 l1 ,r i i ¦ 1 box l oo r Vail, colorado $ 1657 • 303. 476-561 3 MEMO TO: TERRELL J. MINCER FROM: BOB MANZANARES RE: KAYAKING GROUP DATE : JUNE-26 1973 Chuck McLaughlin an Bruce Bistli? have approached the Town for per- mission to use the dam on Gore Creek for a kayaking venture, which 0 apparently they ran last year. They would like to start their business as soon as the high waters subside, and the dam gets set up and remain open until Labor Day. They propose to have it closely supervised, Bistline having a lifeguard certificate, etc. They also are willing to clean up the general area, shore, and also the stream, if any garbage is thrown into it. I discussed, that if permission was granted, the Town would require insurance absolving us from any liability, which they agreed to do. Also, that we would have someone supervising them, which was also agreeable to them, 0 I think they will be agreeable to any Town directive deemed necessary. If you approve of this activity, I can set it up similar to the Archery Range. What do you think? li • • ;r To: City Council City of Vail Vail, Colorado From= World Odyssey Inc. Vail., Colorado Re: Use of the Mid-Town Pond on Gore Creek. June 28, 1973 We propose to use the dammed area located to the Northwest of the Creekside Building, herein refered to as the Pond, for kayaking instruction and boat rental between the hours of 10am and 5pm on a daily basis through August 1973. Last Year this pond was used, by us, for these purposes, and no major problems resulted. We are willing to concede that the major component of our customers are children, and as such we intend to institute the fbllowing safety measures. 1) A supervisor shall be attending the pond during all hours of operation. Said supervisor shall be a certified Red Cross Senior Lifesaver and shall be knowledgeable of the special safety problems related to kayaking. 2) No child younger than 7 years old shall be allowed to use a kayak. 3) A rope shall be strung across the pond about 10 yards above the dam, such that a child who has lost control of his craft might easily secure a grip on said rope and arrest his his drifting motion until help arrives. 4) It should be pointed out that the movement of water in the Pond is very slow and the aforementioned drifting motion is never great enough to represent a prohibitive danger to even the most inexperienced boater. 5) Out of bounds will be set such that boaters wIl.l1always be visible to the supervisor, In return for the use of the Pond, World Odysseys Inc. agrees to be responsible for picking up all trash either in the Pond or on the grass fringe. Furthermore should the grass fringe be damaged as a detect result of our program, either by boats or by customers, we agree to replace said damaged grass. Futhermore? the parents or guardians of all participants shall be required to sign waivers which would release the City of Vail from responsibility in the event of an accident or in the event of negligence on the part of World Odyssey Inc. or its employees. It is our belief that this proposed program is of /real value to both the visitors to and residents of Vail. In a sense we provide a child supervision and amusement service. Last year this program was extremely succesfull, and as such we feel that it merits consideration for permission to continue. World Odyssey Inc. by ANNUAL REPORT FOR THE VAIL PUBLIC LIBRARY March 1, 1972 to December 31, 1972 The Vail Public Library (VPL) was in operation only nine months of the past year. However, during those nine months, much has been accomplished. From March 20th, the date the library officially opened for the public use, to date, VPL has received the support of the community. The use of the library is quite heavy and has been increasing daily. The number of books presently on the shelves in the VPL is approx- imately 10,000. This figure includes those books shelved in the "free exchange" paperback section. The number of adult and juvi- nile books checked out during the March 20th to December 31st period was 11,452. The number of "free exchange" paperbacks' cir- culated during that time is estimated to be 6,000. When these two figures are totalled and averaged, the average number of books circulated per week was 425 and the average daily was 73. (See Appendix, page one.) There are other materials that are circu- lated by the library such as magazines, newspapers, maps, non-book pictures, and other non-book material. As of December 15th, I is started breaking down the circulation figures so that I could better judge the areas of heaviest use. (See Appendix, page two.) These circulation reports will be used monthly from this point forward since they are so very revealing. 2 VPL was granted a budget of $12,750. The library spent $14,666, $1,916 over the budget. This excess amount was covered by the General Fund. A complete breakdown of this budget can be found on page three of the Appendix VPL is a member of the Three Rivers Library System. It is through this system that the library gains access to the statewide Inter- Library Loan Network. There have been 295 requests sent out on this system during the nine months of operation. Most of the requests have been filled quickly and with adequate materials. Unfortunately, there have been a few slow responses but when one considers the size of the networks the number of slip-ups are very minimal. • There were 795 library card holders as of December 31st. There are approximately 25 new cards issued weekly. Cards are issued to any resident of Eagle County or to any property owner in Eagle County. The library is open to the public 38 hours per week. The State Library requires that a public library serving a population of 0 to 2,500 must be open 15 hours per week in order to be a "library in good standing." I, fortunately, do have some volunteers to help cover the circulation desk so that I may be free to work on other projects in the library. The majority of volunteers help with checking books both in and out, filing, shelving and other menial library tasks. I am also fortunate that Michi Blake has been helping with the cataloging as a volunteer. With her help I have been able to catalog nearly 1,000 books so far. Having 3 someone to help me has proven to me the importance the addition of a full-time assistant makes. The library is receiving a 50? subsidy from the Three Rivers Library System for every book that is cataloged. The time donated to the library by Michi in December was primarily spent typing catalog cards. The progress that was made in December is more than double that made in November. (See Appendix, page four.) The library has also been receiving book and cash donations as well as labor donations. The cash donations have not been overwhelming yet, but as the library grows and more people become acquainted with it, I'm sure the donations will increase. Also a few residents of the community have donated subscriptions to periodicals. The library is receiving Colorado Magazine, Nationa.l'Geographic, Natural History, a and the Manchester Guardian through such donations. The book donations have been overwhelming. In fact, the majority of the 10,000 books on the shelves have come through donations. The $3,000 book budget allows us to purchase 600 books, figuring an average price of $5.00 per book. In actuality the library purchased nearly 1,000 books this year, however a large portion of the books are paperback. A paperback collection is acceptable but not lasting. Paperbacks do not hold together through as many circulations as do hardbound books but in our case paperbacks are necessary to facili- tate the selection of titles requested by the patrons. Hopefully, one day the paperback copies will be supplemented by hardbound books either through donation or purchase. A paperback and hardbound copy of most titles would be ideal since there are patrons who prefer one over the other. 4 Another cash and labor donation was made to the library by the community project of the Vegas at Vail Benefit. The amount of cash earned at this benefit is undetermined at this date. The most encouraging and heartening aspect of the benefit was the support of the community for the library, ski club and tennis program. A majority of the local merchants made merchandise donations which were auctioned and raffled off for cash. Innumerable people donated hours of their personal time to help in, making the evening possible. The Town of Vail also saved the project when a last minute problem arose about a location. The benefit was well attended and enjoyed by all. The cash donation which will come from this benefit will be evaluated at the time of receipt to determine where it can best be utilized. 0 This year the library also received a grant of $300.00 from the State Library through the Three Rivers System, to use for pur- chasing reference books. Most of the books purchased with this money fall into the "ready reference" area. "Ready reference" books include dictionaries, encyclopedias, atlases, indexes which are quite expensive. This grant enabled VPL to expand its ready reference collection so that many of the common reference questions could be answered without calls or inquiries being sent to other libraries. This service has noticeably improved public opinion of the library. The number of reference questions coming into the library has increased since we can answer many of them on the spot. In addition to the reference grant VPL received a $50.00 grant 5 from the State Library through the Three Rivers System with which to buy government documents. The government documents purchased with this grant are becoming the nucleus for the library's verticle 46 file. A verticle file is a file of Pictures> P:amPhlets, leaflets and other empherial materials which are useful but are difficult to catalog and store on the shelves. The project is moving slowly at the moment, since it has been started from scratch. The pam- phlets are sorted and placed into folders. The folders are then given a relevant subject heading from Reader's Guide to Periodical Literature. Then when a patron requests some information on pocket gopher control, since the library doesn't have a book on the sub- ject, a pamphlet printed by the government can be located in the verticle f':ile. It is quite a time consuming project at this point . but is one that I know will prove to be very useful. There is another project that I have been working on which will be quite useful to VPL. It is the establishment of an Eagle County Library. There has been one meeting held to date at which little was decided. Hopefully, the next meeting will produce better results. It is an excellent idea to get started on a county li- brary now before Eagle County grows muo?h larger. I feel that we as a community should help as much as can in the organization of the library as we will definitely benefit from the growth of another strong library in the county. Presently, there are small but rather inadequate public libraries in Redcliff, Eagle, Gypsum, and Sweet- water. If a strong county library existed it could bolster the service offered in these communities as well as supplement the service offered in Vail. 6 I have attended several other meetings these last few months. Instead of enumerating each, I would rather praise the two which have been most useful to me in directing the library. The first was a three day workshop held at Colorado Mountain College in Glenwood Springs. Anne Matthews from the University of Denver was the instructor at that meeting. She helped point out many pitfalls that we all could avoid for our small isolated libraries. For example, it was. on her recommendation that I decided to purchase the complete as opposed to the abridged Reader's Guide to Periodicals. Her reasoning being if you don't have the periodical on hand you can get a copy through Interlibrary Loan. It was so very helpful just being able to ask her questions and to hear the questions and problems of the other libraries. Also there was a presentation by Virginia Anderson, the Garfield County Librarian, on Colorado books. It was most helpful to view the books and be able to pick out which ones were needed in the VPL. It.was at this meeting that I reviewed many reference books and decided which ones would be most useful to VPL. The second meeting was the three day Colorado Library Association Convention held in Colorado Springs. There were so many new exciting ideas presented at that meeting. It really lifts a person just to go see and hear what other libraries are doing and what other librarians are thinking. I was given an excellent idea by Sara Tappan, a Denver Public Librarian, on our problem of quickly cataloging a fairly large collection. She suggested making a temporary title card with a broad subject heading instead of using.a call number which would indicate the location of the book. Then when I had time I could go back and completely catalog the book, assigning the proper L.C. call number and subject heading. Until then library patrons would have access to the book by title and when they saw the subject heading they would then know where to find that particular book. I plan to use the assistant given to the library on this project immediately so that a better record of the books in the library will be available. Attending meetings like these two is so very useful that I hope to attend as many as I possibly can. There have been a few other community projects in which the library • has been involved during the past year. VPL has worked closely with Colorado Mountain College in many different ways to try to help satisfy some of the intellectual needs of the community. During the Summervail Workshop, VPL obtained approximately. 300 books to be used by the students of the various classes. These books were loaned to VPL by other libraries through interlibrary loan. The library also served as an information center for workshop happenings. Messages, schedules, and general information items were passed along in the library in effort to make library patrons .aware of the movies, lectures and performances happening in the town. The library also served as a display centeri.for some of the art 40 projects. Fred Putz arranged a fantastic display of his puppets and marionettes which have been collected from several different countries. Later in the workshop there was a display of children's 8 prints and hand puppets that had been made during their workshop classes. Needless to say both displays were very impressive and were well received by the library patrons. During the fall and spring semesters the library has cooperated with Colorado Mountain College by serving as a "classroom" for some of the courses offered which were scheduled to meet"in the library. Only one course was well attended. That particularily successful course was taught by.Fred Geis and the subject was the folk ballad. Fred would bring his guitar and Panjo and delight his students with both songs and infor- mation for an hour and a half on Thursday evenings. The reaction by library patrons was mixed. There were a few patrons who felt uneasy about a ballad class being held in the library since libraries are supposed to be hollow halls of silence but they seemed 0 more at ease when I explained that it happened only one night a week and that the library was silent all other nights that we were open. Many of the patrons joined the class when they discovered it was happening. Some nights the attendance would swell to approxi- mately 25 from the addition of patrons who "just sat in." The other classes never even got started, they were more library oriented classes since they basically would have been discussion groups on modern literature. The lack of response to these classes indicates to me either a lack of time, a general anti-intellectual mood or else general apathy on the part of the adult population. After seeing the negative response to these courses I have not attempted to organize any adult discussion groups. Colorado Mountain College has reciprocated for the cooperation and use of the VPL by giving the library a student on scholarship as J a library worker for 20 hours during the month of July. Dave McMillan was the student assigned to the library. Having Dave was great, I could rely on him being there at specific. times and could plan work for him. Dave helped with the shelving, filing, and the maning of the circulation desk. After Dave had worked in the library to earn part of his scholarship he continued to work as a volunteer until he left for art school. Consequently, CMC helped in the library not only during July but also during August and part of September. The other projects involving the library centered around the children. During the portion of the school year after the library opened the school children came over once a week as a class to use the library. The schedule allowed approximately 20 minutes per class for the children to pick out books and listen to stories that I would read to them. The children really liked the library time and were very disappointed if they had to miss it. It did accomplish, with some of the children, the purpose I had intended, regular use of the library during the summer. Many of the students did attend the summer reading program which was directed by John Newsom. John and the kids had a great summer reading science fiction. Having been a 6th grade teacher, John selected science fiction books which were suitable for juveniles and then helped the children select the proper books for their interest and reading level. The program met once a week on Wednesday afternoons. The children would discuss with John the books they had read and the ideas they did or didn't understand. After everyone had their questions answered or at least discussed, 10 John would read either a few chapters out of the science fiction book of his choice or a few short stories which would also be discussed. The children seemed to enjoy the program but the attendance was a little ragged. The children all went to camp at different times, went out of town for a week with their parents, etc., etc.; regular attendance during the summer seems to be impossible. There was another summer project which centered around the children. It was the combining of library collections from Vail Elementary School with the children's collection at VPL. The transfer was fairly smooth and successful. The books did receive a lot of use and the school library volunteers did help out with the tedious job of marking the school books so that they could easily be separated from the library books at the end of the summer. It did take until after Thanksgiving to finally return all the books loaned to VPL by the school. The delay was primarily caused by delinquent patrons who did not return their books on time. The project on the whole did take too much of my time but I did have Dave to help inte- grate the two collections on the shelves which occupied nearly 20 hours of his time. Luckily the school volunteers pulled the school collection off the shelves at the end of the summer so I did not have to spend any'tim.e._;on that aspect. I am walling to combine the two collections in the summer as long as the majority of the work is is done by school volunteers. There are too many other projects that will advance the development of VPL that I need to have my volunteers work on and this particular project will not benefit VPL in future years. 11 There was one other project which involved using some of the students from Vail Country Day School as workers in the library. It was not overly successful. There were three children assigned to the li- brary for vocation training. The idea was great, I was eager to have the library participate, but I was forced to change my mind after the children had been working for about one month. I was very pleased with the work produced by the young man but the two young ladies were a fatal combination. The two girls were a bad influence on each other and all attempts to separate them from each other proved futile. Giggling and general noise was the larger portion of their contri- bution to the library. I received complaints about their noisy presence from the library patrons so I had to call the headmaster and ask him to separate the girls. Instead, he pulled all three children out of the library because the project was nearly completed when I called him. I think it is a good project. VPL unfortunately experienced a combination of giggley girls. If the project is run again next year I feel we should participate and hopefully the children will experience some of the aspects of working in the library. In the first nine months of operation the library has been quite a busy place. It is used by members of each facet of our community. It offers services to the community that were previously unavailable and many patrons express their gratitude with comments like, "It's 0 really nice to have a library." Annette Milliron Librarian Vail Public Library APPENDIX 0 • • Circulation 'Figures November 1 December. 31 Regular Circulation 9,816 11052 Paperback Circulation 55000 6,000 Books in the Library 91,000 10,000 Library Card Holders 685 795 Average Books Per Week Circulated 316 425 Average Books Per Day Circulated 63 73 1 V 6+x-C- ' . MONTHL'Y' REPORT FOR MONTH-0F LI 3RARY ,/ 4c, aAiv Box Zip P 6 5 7 Phone CIRCULATION Books Adult fiction (include YP) gag A.dclt non-fiction 'r t+ , Pjnl-- ? fic ion(I clude msy) $ junior non-fiction I. T.INCATi'LLCvED paperbacks 04113 Newspapers Audic- Flimp viijLal Filmstrips Other Maps non-bo,-k Pictur613 material. Racordings Other material TOTAL `f Nvanber of photocopies supplied at Library's oxPonse in Llom of circulation .. ........ ........ Nuinber of Reference questions answered........... l C? IITERL:2-RARY LOANS Mat: rials borrowed cn interlibrary loan WOOK3 / -3 F ERIODM A'..S I{ LLMIS, FIL'_`ZTF IM RECORDIlgCS O'.i HER NON-BOOK MATERIALS Number of interlibrary loan requests forwarded: To Systems resource library............ To ether libraries .................... REPORT: (Extra activities, changes in hours, special programs, etc.) Mater:a; o lt;?at on latv,,rpihrazy Loan r Sigw?d 2 Library Fund 40 Statement of Revenue and Expenditures - Estimated and Actual For the Year Ended December 31, 1972 REVENUE: General property taxes, net Specific ownership taxes Charges for services and fines Town of Vail General Transfer Fund Contributions TOTAL REVENUE • Personal services Non-Personal services Capital outlay TOTAL EXPENDITURES EXPENDITURES: Estimated (as amended) $11,500 500 750 $12,750 $ 8,115 750 3,885 $12,750 3 Actual $12,229 599 136 1,411 291 $14,666 $ 7,377 2 , 647 4,442 $14,666 Estimated Over (Under) Actual $729 99 (614) 1,411 291 $1,916 (738) 2,097 557 $1,916 The following is a tog of catalog cards sent to New Castle to build the Western Slope Union Catalog. For each card we receive a fifty cent subsidy. August 1972 121 September 1972 62 November 1972 99 December 1972 220 • • 4 0 % ,? W p N can r+o c+ ??',', `" r• (A ct tA C-- P. cl- CA. 0 • ijQ ON N1 M M (Da p N a N "? N • *? ? v ' Ct Cell w ?n ct, N Ct' SA Ifl' O N M co td ?' P S-'. W W p N W M +i t CIO ?p ?fc P. W ON j a EiJ 1? ' C, ?. Q N N pt' W M ? ? d O Q Nj N • Nj Cy Ct V1 O T • tv, tuft c? t7 [A 01 Q 45 W ?O G7 ?. ,a t?J t? O N ?d ° V ' • ?yrs S + r Y} rl> __a \0 %JO kii \A Ce ta' ? C 4 ? , % ? cA •d • i1 MINUTES SPECIA L MEETING TOWN COUNCIL OF THE TOWN OF VAI L JULY 12 , 1973 0 A special meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., July 12, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Stan Bernstein, Finance Director The meeting had been called and advertised in order to present the proposed Town of Vail Master Plan. Prior to conducting any business, it was announced that the Council would meet for a work session at 10:00 a.m. on July 13. A statement was read by the Mayor setting forth the need for such a plan. He noted that the firms involved are Livingston & Blaney and Royston, Hanamoto, Beck & Abey. Mr. Ream has been hired as the architect for the transportation center. Mr. Minger commented on the parking inventory analysis. The figures of needed parking were arrived at by three separate studies; by Beardsley-Davis, Royston et at, and the Town Staff. The proposed parking structure had been reduced from 1500 to 1000 cars as these studies indicated that there was some danger of over--building the structure. However, expan- sion to 1500 cars in the future is possible. Until that time, the eastern portion of the land could be used for a park or recreational facilities. Mr. Beck noted some of the tasks they had been given: 1. develop a policy for growth; 2. develop a long-range open space, green belt and park program; 3. develop a recreation system plan; 4. study transportation and parking problems; 5. consider an environmental study of the valley. Mr. Beck explained three maps: the landscaping development plan, the transportation analysis and the development phasing process. Mr. Ream explained his plans for the parking structure and transportation terminal. The cost of the proposals was given by Mr. Bernstein. The transportation terminal and 1000 space parking lot would cost approximately 4.3 million dollars; the landscaping and mall areas, etc. associated with this would be $600,000. The annual debt service on the project would be $440,000, with $203,000 a year coming from revenues and $237,000 from sales tax. In regard to the rate structure, there would be a ski season rate and summer rate, the main difference being that, in the latter case, the first three hours would be free. There would also be two season passes; one for the ski season and one for the entire year. It was emphasized that the rates have not yet been finalized, but have been developed in order to make approximate calculations. Mr. Minger noted that the workability of the rate structure was dependent on a good, free, mass transit system. Mr. Dan Herrington explained the mechanics of a bond issue. For Vail, he recommended a general obligation bond supported by revenues from the project and sales tax revenues. An 8 million dollars bond issue would require a 1 cent increase in sales tax. Three questions will appear on the ballot; the one cent sales tax increase; the issuance of a bond for the purchase of the Antholz property; and the issuance of a bond for 4.9 million for the parking structure/transportation terminal. Mr. Herrington noted that the people eligible to vote were those over 18 who are registered and residents of Vail. A short break was taken at 9:30 P.m. and the meeting resumed with questions from the and lence at 9:50 p. m. Mayor Dobson noted that Mr. Ream has been giving some attention to the pos- sible use of some of the area under the berm for a meeting room. However, it was his opinion that the idea needs further study.. Mr. Hyder noted that if construction was begun on October 119 1973, the parking could be available by November 15, 1974. Some of the work on the transportation terminal portions would not be completed until 1975. Mr. Nott noted that in the plan for the Antholz property, he saw no provision for a community school. In his opinion, this would be a better location than the Vail Associates land in Sandstone. Mayor Dobson agreed that such a facility should be considered. Mr. Whitelaw inquired what percentage of the total sales tax is paid by the tourist. Mr. Bernstein responded that he thinks the figure is probably 80%. He also noted that. Aspen has a 71/c sales tax. In regard to the ownership of the land for the parking structure, Mayor Dobson noted that Vail Associates is willing to deed the land to the Town in fee simple. A member of the audience inquired if additional revenues could be gained by annexing outlying areas; Mr. Minger indicated that for the first five years, a deficit would be incurred by the Town in regard to residential arses annexed. In response to a question regarding the cost of a transit system, Mr. Minger noted that for next year, Vail Associates and the Town will sponsor a 6-bus system; however, a regional transit authority would be the answer to funding service outside of the municipal limits. Mr. Bernstein noted that the funds for the municipal bus service come from the genera! fund revenues. He also noted that 40 riders per hour would be needed to support a regional system on the schedule he had used in his calculations. A member of the audience inquired about alternative methods of financing. Mr. Herrington responded that the impact of an 8 million dollar bond issue supported were built on the Antholz, the change of grades on the present lot would be lost and a great deal of excavation required. In response to a question, Mr. Beck noted that the proposed bus routes are two-way. Mayor Dobson noted that the use of the berm area by the VRA would require the addition of another skylight. However, this plan would not be finalized until more specific proposals were received from the VRA. by property tax would be 40 mills. In addition, at this point in time, bond counsel would not approve a bond issue supported by a bed tax. Mr. Bernstein added that if a person spends $3,00 a year in Vail, the amount of tax paid as a result of the additional cent tax would be $30.00. Mr. Westby asked for a cost comparison of putting parking on the ,?ntholz as opposed to building the proposed structure. Mayor Dobson suggested that it would be more expensive on the Anfiholz as the land cost would be great while the current site is free. In addition, he did not view parking lots as the best use for the Antholz. Mr. Westby suggested that 40-50 car lots, well landscaped, would be acceptable and avoid a structure. Mr. Minger^ suggested that to attempt to park one thousand cars on the Antholz would cover half the property. A member of the audience suggested that a structure be built in Lionshead. Mayor Dobson noted that that might be necessary in the future; but, it would not solve the problem in the core area. Mr. Minger added that the intent is to keep the old core and the Lionshead core balanced and viable. Returning to the question of use of the Antholz for parking, Mr. Beck added that the location would add a burden on the transit system and eliminate walking to and from the cars. In addition, if a structure A member of the audience inquired if there were any other major projects to be accomplished within the next two or three years. Mr. Herrington noted that there were all of the master plan proposals suggested for later phases; however, 8 million dollars would not saturate the capacity of the Town; the limit is probably 10 million dollars. If sales tax revenues were to increase, more flexibility would be gained. Mr. Westby inquired if there were any federal funds available for landscaping along the highway. Mr. Minger indicated that no funds will be avail- able until 1975 but that the Town is making application. In addition, it is hoped to obtain five thousand trees from the Vail .:Pass right-of-way over the next two and a half years. Mr. Hofler inquired about a possible chair lift on the Antholz property. Mayor Dob'san indicated that no decision has 'been reached in this regard. In response to a question, he noted that the proposed bridge for the Manor Vail Road would be a pedestrian bridge. -2- Mr. McLaughlin inquired about the operation of the snow melting equipment on the proposed parking structure. Mr. Ream noted that a purification filter- ing system will operate in such a fashion that the water can be returned to the stream at 1 ° higher in temperature than the water in the stream. Mr. Minger stated that, in regard to the effect of an efficient transportation system on vehicular traffic, it is hoped that the number of local automobiles can be reduced by 50%. Mr. McLaughlin inquired how many locals are using the main lot at the present time. Mr. Bernstein noted that, on a design day last year, 1/2 of the cars in the main lot were YM plates or tocal; 150 out of 180 in the ski school lot were local. A member of the audience inquired what the proce- dure would be if people wanted to park their car in the structure for a week; Mayor Dobson indicated that they would be charged'. Mr. Hofler inquired why an "inclined wagon" had been incorporated in the structure. Mayor Dobson suggested that it fits the configuration of the berm area. Mr. Ream added that it is more expensive than an elevator and Less expensive than an escalator, especially when it is considered that 3 separate escalators would have to be used. An elevator would deposit the passenger 70 feet from the street. The "inclined wagon" would connect levels 2, 3, and 4; Level 1 is only three feet below grade. In addition, stairs have been included. The importance to the project of the land where the Cornice Building is located was asked. Mr. Ream noted that it is important to the east end road and Mayor Dobson added that a fair price for it wilt be determined. Mr. Klug inquired about the effect on traffic patterns. Mr. Minger suggested that the intent is not to generate more traffic in the core but to accommodate the cars which are already there and are illegally or illogically parked. He did suggest that the local might change his traffic pattern somewhat. Mr. Rodgers inquired if it were possible to build additional tennis courts prior to Phase III. Mayor Dobson suggested that the Recreation District might undertake such a project, especially if the land were available to them. In addition, the land at the eastern end of the parking lot might allow 3 or 4 courts. In response to a question, Mr. Ream indicated that the tandscap;i'ng would be carried around the east end of the structure. A member of the audience asked how important the Antholz property is to the parking structure. Mayor Dobson stated that they basically accomplish two different goals; that one does not follow from the other. Mr. Kruse inquired how supplies would be received if the core was closed. This closure would not be affected at the present time. Over a longer period of time, a system for the delivery of supplies might evolve. Mr. Beck indicated that a better regulation of the time of delivery might adequately solve the congestion problem. If not, an electric cart system is a remote possibility. A member of the audience inquired what would happen if there were any unforeseen construction delays. Mr. Hyder indicated that if the construction were not complete they would stilt have 450 spaces. While under .construction, there will be some problems, but Mayor Dobson indicated that the bus system would be relied upon heavily to bring people from outlying parking areas. In addition, Mr. Minger indicated that portions of the streets could be opened to parking for that sum- mer only. Mr. Rodgers suggested that if the electric cart system were develop- ed, it might require major changes in the parking structure. The Mayor indicated that such a system would perhaps be centered in the undeveloped eastern end of the lot. It was clarified that there would riot be parking provided for overnight campers; these would continue to park in the outlying lots at Lionshead. Mayor Dobson asked the Council for their comments. Councilman Staufer emphasized that the parking structure would not look like a big city parking lot, although this would cost a little more. In regard to the Antholz property, he emphasized that the acquisition of land upon which facilities can be built in the future is a top priority. He felt that the master plan should include children's play areas in Sandstone. Mayor Dobson noted that a playground has been discussed. Councilmen Bailey and Steinberg emphasized that they were pleased and asked for citizen input. Councilman Donovan clarified that one reason an ice rink has been more discussed than other amenities is that it can serve many functions. A lso, an ice rink and performing arts center might, be able to pay for themselves. He noted that there appears to be some confusion over the condemnation process and that "condemnation" is not favorably viewed. -3- r However, if the owners settled on an acceptable price, it could be purchased immediately. The Council could not spend extra money just to avoid the process. Councilman White emphasized that the parking structure is not intended to bring in extra cars but to centralize those already present in the core. Councilman Langmaid stated that he felt the plan would improve the. Town. Mr. Klug inquired if any land in the Lionshead area could be used for tennis courts. Mayor Dobson replied that they are continuing to study that and there possibly should be some courts located there. As a final note, he emphasized that further meetings will be held and publicized. The meeting adjourned at 11:30 p.m. Town C lerf V ?J E 0 -4- MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN OF VAI L JULY 16, 1973 A work session of the Town Council of the Town of Vail was convened at 1:15 p.m., July 16, 1973, in the Conference Room of the Vail Municipal Building. Mayor John A . Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid A [so present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Stan Bernstein, Finance Director Doug McLaughlin Gerald Dooher Mr. McLaughlin explained that his group thinks that Town priorities should be to get a portion of the Sunburst property and lessen the expenditure on the parking structure. He supports the Town on the acquisition of the Antholz property. He anticipated that the Town should spend 3.5 to 4 million on the Sunburst property if their suggestion were followed. Mayor Dobson asked what Town problems they felt this acquisition would salve. Mr. McLaughlin replied that it would preserve and enhance the golf course and that amenities could be built upon it, although he would prefer to see it left in its natural state. He felt that a majority of the citizenry would support an effort to acquire part of the Sunburst property. Mayor Dobson noted, in regard to the parking structure, that a simple building was rejected by the Town a year ago; the opinion was that something more aesthetically pleasing was needed. Mr. McLaughlin suggested that the price was high, even for an aesthetically-pleasing product. There was some discussion of the pros and cons of ground-level parking on the Antholz' property. Mayor Dobson noted that their proposal would require the sacrifice of either the Antholz property or the parking structure. Mr. McLaughlin did not agree with this. In further discussion, Councilman Donovan suggested that a move to condemn the Sunburst property would perhaps raise the price of the Antholz property. Mr. Minger suggested that even if all three projects could be. pursued, there would be no money left to build any amenities. The Mayor added that the additional amenities are needed to make Vail a viable place. In further discussion, it was noted that the proposed inclinators for the parking structure are not a source of great expense. Mr. Minger expressed the opinion that a more basic parking structure would not save enough money to finance other projects. Councilman Donovan suggested that other undeveloped properties would have effects on the golf course and that, if the precedent were set, it might be asked, logically, that they also be condemned. Mr. McLaughlin disagreed; he thought these would be a different matter. Mayor Dobson asked if Mr. McLaughlin's basic complaint was the cost of the. parking structure; Mr. McLaughlin replied that it is not one thing, but rather the cost as it relates to the other two projects he feels are priority items. Mr. Dooher added that he thought preventing Sunburst from being a third core to the Town was sufficiently valuable to justify the reduction of the parking structure. Mr. McLaughlin stated that he would not have any serious objections to the parking structure if the Sunburst property were National Forest Land. Mr. Dooher asked if they could find out if the surety bonds had been posted by the Sunburst group,,. Mr. Minger replied that the letters of credit have not yet been posted. Mr. McLaughlin inquired if there was a contract binding the group to abide by the new zoning ordinance; Mr. Minger replied that there is such an arrangement. Mr. Robinson added that that was one of the conditions of the approval of their P.U.D, permit. Mr. McLaughlin asked in what way the Mayor thought their proposed initiative could jeopardize the bond election. Mayor Dobson was concerned that the issues might become so confused that an accurate reflection of voter opinions would not be obtained in an election. Mr. Robinson suggested that if they wanted to begin an initiative, they should change some portions of the proposed ordi nance. Mr. Mc Laugh [in noted that this cou Id be easi ly done. He added that they feel a need for haste, as condemnation will be more difficult the more work is completed in the area. They would like to get a reading of what the people want as soon as possible. Mayor Dobson suggested that this is a good reason for taking a different approach to the matter. Mr. Robinson was of the opinion that the proposed ordinance must be first presented to the Councit before the petitions were circulated for antrlitiative. Mr. McLaughlin dis- agreed; he thought the petitions should be circulated before the ordinance was presented to the Council. After some further discussion of the proper procedure, Mayor Dobson suggested that they agree that the ordinance be first submitted to the Council. In regard to the specific ordinance, Mr. McLaughlin noted that he would change it to allow for the purchase of portions of the property and require negotiation for as many acres as could be purchasod., determined by the bonding capacity. He repeated that he would like to see the land vacant. The Mayor reiterated that such an approach would not solve the current problems. Discussion returned to the question of how much money would be saved if the parking structure were changed. Mr. McLaughlin volunteered to investigate the question of the cost of a less ostentatious parking structure. Mr. Minger agreed this would be a good idea. He suggested that a concrete frame would - cost 3.3 million; Mr. McLaughlin stated that Mr. Lazier had quoted hire a figure of 1 .6 million. In reply to the argument that a cheaper structure was previously rejected, Mr. McLaughlin thought that might not hold true now if the proposition was to build a cheaper one and also acquire part of the Pu lis property. In regard to the additional amenities needed, Mr. McLaughlin suggested that the Recreation District could build these. There was disagree- ment that this District could do such construction projects. Councilman Steinberg noted that as the proposal being made might cause the loss of the Antholz property, perhaps they could wait until after this election to circulate their initiative petitions. I f. this were done, their proposition could appear on the November' ballot. He disagreed that the Pulis property is increasing in value very rapidly. Mr. McLaughlin objected to this proposi- tion as it does not reflect the relationship he sees between the parking structure and the Pulis property acquisition proposal. Councilman Steinberg suggested that another approach .would be to buy parcels of land throughout the Town with other monies, rather than purchasing a second large parcel. Mayor Dobson suggested that whatever action is taken by Mr. McLaughlin's group, an attempt should be made to keep it from taking an irrevocable form. The Mayor preferred that the group submit a proposed ordinance to the Council and that hearings be held on it before they began to circulate petitions. Mr. McLaughlin suggested that this would hold their group back in their efforts. The Mayor suggested that the decision in these meetings would be based on the audience input. Mr. Dooher objected that many people do not like to speak in meetings. The Mayor noted that they are willing to seek public opinion through other means. Councilman Donovan suggested that an article be prepared for the paper with a return questionnaire at the bottom. Mr. McLaughlin stated that he would take the proposal for putting the proposition before a public forum back to his group. Mr. Dooher disagreed with the Town meetings portion of the proposal. The Mayor summarized that it was his understanding that, until the group presenting the proposal has had a chance to react, nothing further will be done. Mr. McLaughlin agreed and further noted that he will remain in contact with Mr. Robinson. As there was no further business, the meeting adjourned at 3:00 p.m. MINUTES REGULAR MEETING TOWN COUNCI L OF THE TOWN OF VAI L J U LY 17 .4 1973 The Town Council of the Town of Vail, Colorado, met in regular session at • the Municipal Building in said Town on Tuesday, the 17th day of July, 1973, at the hour of 7:30 o'clock p.m. Upon roll call, Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Thomas Steinberg Albert White A [so present were: Terry Minger, Town Manager Larry Robinson, Town Attorney The meeting was first convened with the Town Council acting as the Local Liquor Licensing Authority. An application had been received from The Place at Vail for an expansion of the premises. Mr. McLaughlin submitted a lease to the area which is currently owned by Mr. Lazier and Vail 21. - _ He noted that eventually the area will be sold to Vail 21. Councilman Donovan suggested that the expansion would double the size of the premises, yet no additional parking was being required. Mr. Minger noted that patios are not included in the parking requirements. Councilman Donovan suggested that this exclusion should be discussed. Councilman White moved that the expansion at The Place at Vail be approved; Councilman Steinberg seconded; approval was unanimous. As the second item on the agenda of the Local Liquor Licensing Authority had been cancelled, Councilman Donovan moved that the Authority adjourn at 7:45 p.m.; Councilman Bailey seconded; approval was unanimous. The Town Council was convened at 7:45 p.m. In regard to the second reading of Ordinance No. 8, the new zoning ordinance, Mr. Minger, reported that various people feel that further explanation of certain portions is needed. Mr. Otto clarified that his concern is that there are no standards. by which a project can be rejected on the basis of its environmental impact report. Mr. Minger also noted that Ms. Toughitt had submitted a list of proposed changes. Mr. Robinson asked Ms. Toughill if any practical difficulties would arise if the Final passage of the ordinance were delayed. She responded that there were several projects involving a change of use, conditional use-permit, etc. that would be delayed; however, no major projects would be affected. In further discussion, Council- man Staufer suggested that the ordinance required too mu''. h parking. Council- man Donovan suggested that provisions. could be added'which eliminated credits for land which is unbuildable. Mayor Dobson noted that a letter had been received from a committee of local architects expressing their approval of the ordinance. Councilman White moved that the second reading of Ord inance No. 8, the proposed new zoning ordinance, be continued until the next regular Council meeting, Councilman Donovan seconded the motion, approval was. unanimous. Ordinance No. 9 (Series of 1973) AN ORDINANCE ESTABLISHING COMPRE- HENSIVE SIGN REGULATIONS FOR THE TOWN OF VAIL, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; REGULATING THE ERECTION, CONSTRUCTION, RESTORATION,. ALTERATION, LOCATION, LANDSCAPING AND MAINTENANCE OF SIGNS, WINDOW SIGNS, FLAGS, PENNANTS, BANNERS AND BUNTINGS, DISPLAY BOXES, RESIDENTIAL NAME PLATE SIGNS, SUBDIVISION ENTRANCE SIGNS, TEMPORARY-SITE DEVELOPMENT SIGNS, TRAFFIC CONTROL SIGNS FOR PRIVATE PROPERTY, MURALS AND SUPERGRAPHICS AND PERMITTING AN APPROVED SIGN PROGRAM; ESTABLISHING A DESIGN REVIEW PROCEDURE.AND GUIDELINES; PROVIDING FOR VARIOUS ADMINISTRATIVE, REVIEW AND APPEAL PROCEDURES; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 15 (Series of 1969); AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for first reading by Councilman Donovan. The title was read in full and the audience advised that copies of the ordinance were available. Councilman Donovan stated that he did not like the fighting of the Bank of Vail sign, which is permissible under this ordinance. He found this Lighting very close to neon. Mr. Lamont noted that, in regard to the size of the sign, there • is a question as to whether the Bank followed the original plan as approved by the Sign Review Board. Under the new ordinance, the sign would not be allowed to be as large. Mr. Bob Parker inquired if the wording, "plastic is discouraged," could be made stronger. Mr. Robinson \Aa s of the opinion that the wording carried out the intent of the ordinance committee. Mr. B. Parker suggested that approval from the committee for special events banners was too cumber- some and that such items should be handled administratively. Mayor Dobson agreed that this was a good suggestion. Mr. B. Parker noted that the language in regard to non-conforming signs did not eliminate those signs. Mr. Lamont stated that the original draft contained a provision for the gradual removal of these signs; however, a Denver court struck down a-similar provision unless just compensation were paid to the owners'. The ordinance committee did not feel that the Town Council should be requested to purchase signs. There was some discussion of whether just compensation would be the cost of the sign or a figure based on the business it is assumed to generate. Councilman Staufer was opposed to including such a provision in the ordinance as he felt it would encourage people to fight it rather than compromise. Mr. Lamont added that he has been discussing the proposed re-design, to possibly include sign changes, of the entry to Vail with the owners oP the gasoline stations and the Holiday Inn. It was suggested that negotiations continue in this regard. Those who disagreed with this position suggested that it would be necessary to have a legal provision to back up the negotiations, even if the provision gave only the option to the Council for purchase of the sign. Mayor Dobson referred the matter back to the staff for changes prior to second reading. Mr. Lou Parker suggested that the distinction between interior and exterior signs was not clear enough. Mr. Lamont noted that the ordinance does not concern itself with interior signs except in cases of an interior closed mall or arcade. Mr. Parker noted that the ordinance does not specify the meeting times of the design review board; he was of the opinion that a meeting should be required within 30 days. Mr. Lamont agreed this could be done. Mr. L. Parker was of the opinion that the distinctions in size of sign based on size of shop would not stand up in court. That such provisions are included in sign ordinances from throughout the country was noted by Mr. Lamont. Mr. David Cole supported the distinctions in size; however, he felt that many below-grade businesses have measurable frontage and should not be limited to a very small sign. In addition, he suggested that if this distinction were s maintained, perhaps variances should be given for larger signs that are aesthetically pleasing. Returning to the question of the legality of the distinc- tions, Mr. Lamont noted that similar provisions in the Denver sign code had not been questioned when it was in court. Mr. L. Parker stated that he found it offensive that residential signs should be reviewed by the Design Review Board. Mr. Lamont justified this provision on the grounds that the location of residential signs can cause traffic and snow removal problems. Several members of the audience spoke in favor of a review of the requirements for befow.?grade business signs. Mr. Parker suggested that it was necessary to provide procedures for an applicant to personally appear before the Council; Mr. Lamont noted that this could be incorporated. Councilman Staufer had previously moved that Ordinance No. 9 be approved; Councilman Donovan now seconded the motion; Councilmen Bailey, Donovan, Lang maid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried. Councilman Steinberg moved that a public hearing be scheduled on the second reading on August 21; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the To%&n Clerk was instructed to publish the ordi nance for public hearing. -2- Ordinance No. 10 (Series of 1973) AN ORDINANCE RELATING TO SPECIAL ELECTIONS WITHIN THE TOWN OF VAIL, DESIGNATING THE TIME FOR SUCH SPECIAL ELECTIONS, MODIFYING AND AMENDING PROVISIONS OF THE COLORADO MUNICIPAL ELECTION CODE AS SUCH APPLY TO SPECIAL ELECTIONS WITHIN THE TOWN OF VAIL AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for First 40 reading by Councilman Staufer. The title was read in full and the audience advised that copies were available. Mr. Robinson explained that the Home Rule Charter provides that the Town should fol<low the Colorado Municipal Election Code. This Code specifies that no special elections should be held within 90 days of a regular election. This provision would prevent the Town from conducting the bond election on September 25. However, the Charter does provide for amendments to this code; hence, the proposed ordinance would amend the Code to allow special elections up to 30 days prior to a regular election. The Council was polled as to whether they had read and understood the ordinance; Councilmen White, Langmaid, Staufer, Bailey, Donovan, and Steinberg each indicated that he had: Councilman Donovan moved that Ordinance No. 10 be approved on first reading and that a public hearing on second reading be held on August 7;. Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance. Ordinance No. 11 (Series of 1973) AN ORDINANCE CONCERNING REVENUE AND IMPOSING A SALES TAX UPON THE SE LLING.OF TANGIBLE PERSONAL PROPERTY AT RETAIL AND ON THE FURNISHING OF SERVICES IN THE TOWN OF VAIL; INCREASING THE AMOUNT OF SALES TAX WITHIN THE TOWN OF VAIL; CALLING A SPECIAL MUNICIPAL ELECTION ON SEPTEM- BER 25, 1973, FOR SUBMISSION OF THE INCREASED SALES TAX TO THE QUALIFIED REGISTERED VOTERS FOR APPROVAL.. OR REJECTION THERE- OF; PROVIDING PENALTIES FOR VIOLATIONS; AND SETTING FORTH DETAILS IN RELATION THERETO was introduced for first reading by Council- man White. The title was read in full by the Mayor and the audience advised that copies of the ordinance were available. Mr. Robinson clarified that the sates tax would not be in effect until July 1, 1974. Councilman Donovan moved that Ordinance No. 11 be approved on first reading; Councilman Steinberg seconded the motion; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against. The Mayor thereupon declared the ordinance duly approved on first reading and directed that the ordinance be published once in full in thp,Vail Trail, a legal newspaper of general circulation within the Town of Vaii on July 20, 1973. The Mayor advised the Council that petitions for annexation of real estate commonly known as Vail Village 11th Filing, according to the recorded plat is filed with the Eagle County Clerk and Recorder, had been duly received by the Town Clerk and that a public hearing had been scheduled for the regular meeting of the Town Council. The Mayor also advised the Council that the notice of the public hearing had been duly published in accordance with the provisions of Colorado Revised Statutes (1963) 139-21-7. The Mayor asked if anyone was present at the public meeting who wished to make any comments or statements regarding the annexation of the territory. Mr. Jen Wright suggested that the annexation of this area would be helpful to a future Bighorn annexation. There were no people present to speak against the petitions. Mr. Robinson clarified that the area is not yet in the districts; . this will be done after it is brought into the Town. However, petitions have been signed that indicate the owners' willingness to join these districts. Mr. Wright noted that it is correct that the area is zoned "Residential." He also mentioned that the paving in the area will be done next year. The Mayor asked that this be put into writing; Mr. Wright stated that this would be done. There were no other comments from the public. Upon a resolution made by Councilman White and seconded by Councilman Steinberg the Town Council voted unanimously to dispense with the reporting of the hearing and to substitute in lieu thereof detailed minutes summarizing the proceedings. -3- ,,,an2EI C. -?S-L€V n Mayor John Dobson and Town Council Vail, Colorado. Dear Mayor Dobson and Councilmen; regret that I tender my resignation and Zoning Commission. July 6th, ]973 It is with sincere from the Planning My sole reason for this decision is the fact that I am not in a position to devote the necessary time required to be an effective member of the Commission. I am resiging now, so that my replacement may be able to begin work before the new zonQng ordinance goes into effect. I would like to thank you for giving me the opportunity of working with the Council, the Commission and the Town of Vail at such a challenging time in Vail's history. Sin:erely u l' VU Jazzes M. levin jms ;dm. c.c. Mr. Terry Minger c.c. Planning and Zoning Commission • . r4 . At the conclusion of the public hearing, the Town Council was advised that CRS (1963) 139-21-9 required that certain findings be made. Upon a motion made by Councilman Donovan and seconded by Councilman Staufer the Council voted unanimously to adopt a resolution setting forth the following findings and conclusions: 1 . That the requirements of the applicable parts of the Sections, CRS 139-21-3 and 139-21-4, had been met and complied with. 2. That under the provisions of CRS (1963) 139-21-6 (2) no election would be required. 3. That there would be no additional terms or conditions imposed upon the annexation of the subject territory. 4. That an appropriate ordinance would be introduced at the next ensuing regular, meeting of the Town Council pertaining to the annexation of the subject territory. Next on the agenda was a request from Vail Associates; Inc. For a conditional use permit For a snow-making pumphouse. A representative of VA noted that the pumphouse would be constructed in an "Agricultural" zone, Tract A, Vail Village 6th Filing, and would be 30 feet by 50 Feet. The general vicinity is the area at the bottom of the Lionshead ski traits. Mr. Weibel suggested that the absentee owners should have an opportunity to voice their opinions of the project as it will generate considerable noise. A notice had been taut in the Vail Trail; however, Mr. Weibel maintained that the absentee owners do not read the paper . Counci tnian Donovan stated that the noise comes from the guns used in snow--making, if you want snow, you must have noise. The VA representative estimated that the noise is 80% from the guns; Mr. Rose estimated that this is 90%. In regard to alternative locations, it was noted that water is the limiting factor. Ms. Toughill suggested that the pumphouse was not essential to the installation of the system; hence, the decision is not whether or not to have the system. Councilman White inquired if the proposed building is below-grade. The representative of VA replied that it is not and is twelve feet high. There was some discussion of what type of building would be most attractive. It was requested that the building be landscaped. After some further discussion, Mr. Peterson agreed that it was a good idea to bury the building, if this was Feasible. The Mayor suggested that VA notify the adjoin- ing property owners. Mr. Peterson noted that the equipment has been ordered for this project. Although studies on the noise levels were suggested, Mayor Dobson noted that these would not necessarily be relevant to the decision the . Council must make as the only portion upon which they will decide is the pumphouse. Councilman Donovan moved that the question of a conditional use permit for Vail Associates be continued until the next regular meeting; Councilman Staufer seconded; approval was unanimous. Mr. James Slevin had submitted his resignation from the Planning Commission. The Mayor, speaking for the Council, accepted it with regret. He noted that there are now two vacancies on the Planning Commission. This Commission has scheduled a meeting for 2:00 p.m. on Wednesday. Councilman Steinberg moved that Sally Hanlon and Jack Curtin be appointed to the Town of Vail Election Commission; Councilman Donovan seconded; approval was unanimous. Two applications had been received for the vacancy on the Board of Appeals and Examiners; Don Kline and Dudley Abbott. An informal ballot was taken on the question of appointment. In regard to the winter shuttle bus program, Mr. Minger was of the opinion that two additional buses are required to provide a high level of service. He has been looking at the mini-bus that is used in Denver. It could carry 25 seated and 20 standing, is dieset powered, and the cost is $24,959. Vail Associates has agreed to purchase one bus if the Town will purchase one bus. In regard to the division of operating and maintenance costs, they are proposing that the Town pay 750/c. Councilman Steinberg suggested that a further item of -4- r, - - discussion should be experimentation either by VA or the Town or both with service outside of the Town. In regard to Ginkelvans, Mr. Minger was of the opinion that the Town should not further experiment with them at this time, but perhaps would do so a year from now. He was of the opinion that the emissions of a diesel engine could be reduced by 60% to 70%. School buses have not been selected as they are not a Mowed by the P. U. C. to be used on the highway and do not hold up well. Mr. Peterson clarified that Vail Associates can only purchase one of the needed buses if their share of the expenses is reduced to 25%. It was suggested that perhaps the Town could lease vehicles; this is not possible with this type of vehicle. There was some discussion of the different types of engines available. Mr. Minger noted that Aspen will be experimenting with an electric bus. He also noted that the Town has experimented with propane fuels and did not have good results. Discussion. also centered on the size of bus needed; Mr. Peterson expressed his opinion that the size tentatively chosen is the best for the purpose. There was some discussion of whether the system is actually a horizontal lift; hence, VA should share more of the expense. Mr. Bernstein noted that operating costs will probably be $50,000 next year. Mr. Weibel suggested that if the Town were to bear 75% of the cost, the buses should be run to a later hour in the evening. There was general agreement among the Council that the type of vehicle being considered was appropriate. In regard to the sharing of operating costs, Mr. Minger thought the choices were either that the Town buy one bus and VA buy none but pay 50% of the costs, or that each buy one bus and the split be 75/25. He noted that the agreement over the years has been that the system will gradually become a municipal system. In either event, VA will house and maintain the buses. Councilman Donovan suggested that there was another alternative which would be for the Town to buy two buses and Vail Associates stilt pay 50% of the operating costs. Mr. Peterson noted that that was acceptable to hire. After some further discussion, Mr. Minger was authorized to continue negotiations with Vail Associates on the three alternatives set forth at this meeting. The minutes of the meetings of June 19 and July 3 had been previously submitted to the Council. Councilman Bailey moved that they be approved; Councilman Steinberg seconded; approval was unanimous. The count of the ballots for the vacancy on the Board of Appea is and Examiners indicated that Don Kline had been elected to the. position. Mr. Bob Parker suggested the need for a more effective entrance sign to the Town. The Mayor noted that this has been considered in connection with the Master Plan but that the Town will work with the VRA on this. Mr. Merv Lapin stated that he was witting to request a non-exclusive franchise for the trash and to allow review of rates to the Town. Councilman L.angmaid reiterated his opposition to any kind of a franchise. The other members of the Council were generally in favor of exploring this approach. Councilman Donovan moved that the staff be instructed to draw up this type of an agreement for consideration; Councilman Bailey seconded; approval was unanimous. Mr. Weibel inquired if he would be paying a franchise fee. Mr. Weibel inquired if the voucher sheets for each month are available. Councilman Donovan noted that the Council receives them but has not been formally approving them. Mr. Minger noted that members of the general public can request a copy at any time. As there was no further business, Councilman Donovan moved the meeting adjourn at 10:45 p.m.; Councilman White seconded; approval was unanimous. Town Clerk -5- . 1 t . M Board of Trustees Town of Vail - 2 - July 31, 1973 I enjoyed the presentation of your planning firm the previous week. You are to be congratulated that you are moving Vail forward in an orderly manner. Last ski season my niece had her skis stolen, but the thief was apprehended immediately. The matter was investigated by your Police Department. On at least twelve occasions I have expressed, either to the Police Chief or to a member of the Police Department, my concern about the lack of progress on this case. I have received excuses from the Police Chief on this matter, but can not give credence to such excuses.. I can only reach the conclusion that after six months of delay and inaction that the Police Chief is either not willing or capable of coping with thieves. Thank you for your attention to the above matters. I would appreciate your comments and resulting action. Sincerely yours, J. Dudley Abbott JDA;ob J. Dudley Abbott P.O. Box 398 Vail, Colorado 81657 r. Volunteers for Town of Vail Election Commission. Need Council approval. Marylyn "Sally„ Hanlon Voriaufer Building Town of Vail Jack Curtin 311 Bridge Street Town of Vai l r u anclstonP ?p YEAR-ROUND MOUNTAIN CONDOMINIUM HOMES 1028 GUARANTY BANK BUILDING 817 - 17TH STREET DENVER, COLORADO 80202 PHONE: 303-892-6626 L u July 31, 1973 Board of Trustees Town of Vail Vail, Colorado 81657 Gentlemen: The July 17, 1973 Town Meeting is the subject of this letter; plus one additional item. The new sign ordinance is a plus, and should be enacted. The people who have put this together are to be congratulated. The attitude. exemplified by a particular element that existing signs, i.e. "Holiday", should be given particular treatment under the new ordinance is not reasonable. The rationale advanced that it is unreasonable to require changes in existing signs is unreasonable and unwarranted. I draw a parallel with the fact that you have changed existing land use density ratios causing extensive losses to land owners. I do not agree with the rationale that "Holiday" brings in a lot of money to Vail and should be allowed to stand. This is a very narrow and confining point of view. There seems to be applications of double standards here, one for land owners and forced reduced land use; and one for sign owners. It is most unfortunate that the BANK OF VAIL sign should be allowed to come under strong attack since your staff had approved the sign before it was erected. 1 Vail Associates, Inc. in their application for erection of a snow making equipment building should have been approved. Snow is the name of the game, and snow making is a necessity at LionsHead. Previously, as a property owner and resident of LionsHead, I have fully recognized the necessity of the noise that accompanies snow making in order to have snow,: on the lower slopes. I call your attention to the fact that VAI now has a non-conforming use in the form of a Race House. This house would be replaced by a much more attractive structure. The alternative simply is either, no snow with resulting lack of skiers; or snow and skiers which spells success of a vital part of our community. I was very distressed that you stood mute on this problem (with one exception), and allowed excessive nit-picking by pseudo "experts". J. DUDLEY ABBOTT, PRESIDENT WILLIAM T. AHLBORG, JR., VICE PRESIDENT WILLIAM S. GRAEFE, SECRETARY-TREASURER MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL AUGUST 7, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:45 p.m., August 7, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Stan Bernstein, Finance Director Mayor Dobson noted that the meeting would not exactly follow the printed agenda. First to be considered was the second reading of Ordinance No. 10, AN ORDINANCE RELATING TO SPECIAL ELECTIONS WITHIN THE TOWN OF VAIL, DESIGNATING THE TIME FOR SUCH SPECIAL ELECTIONS, MODIFYING AND AMENDING PROVISIONS OF THE COLORADO MUNICIPAL ELECTION CODE AS SUCH APPLY TO SPECIAL ELECTIONS WITHIN THE TOWN OF VAIL AND SETTING FORTH MATTERS AND DETAILS IN RELA- TION THERETO. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Robinson noted that no amendments had been made to this ordinance. The Council was polled as to whether they had read and understood the ordinance; each indicated that he had. Council- man Steinberg moved that Ordinance No. 10 be adopted; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 11, AN ORDINANCE CONCERNING REVENUE AND IMPOSING A SALES TAX UPON THE SELLING OF TANGIBLE PERSONAL PROPERTY AT RETAIL AND ON THE FURNISHING OF SERVICES IN THE TOWN OF VAIL; INCREASING THE AMOUNT OF SALES TAX WITHIN THE TOWN OF VAIL; CALLING A SPECIAL MUNICIPAL ELECTION ON SEPTEMBER 25, • 1973, FOR SUBMISSION OF THE INCREASED SALES TAX TO THE QUALI- FIED REGISTERED VOTERS FOR APPROVAL OR REJECTION THEREOF; PROVIDING FOR THE EARMARKING OF FIFTY PERCENT OF ALL OF THE SALES TAX REVENUES; PROVIDING PENALTIES FOR VIOLATIONS; AND SETTING FORTH DETAILS IN RELATION THERETO was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies were available. Mayor Dobson reiterated that even with the passage of the ordinance, the question of the sales tax increase must still be approved by the voters. The Council was polled as to whether they had read and understood; each indicated that he had. Councilman Donovan moved that Ordinance No. 11 be adopted; Councilman White seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 12, AN ORDINANCE ANNEXING TO THE TOWN OF VAI L CERTAIN TERRITORY SITUATED IN EAGLE COUNTY, SIA TE OF.CO LORADO, MORE PARTICULARLY DESCRIBED AS VAIL VILLAGE 11th FILING, ACCORDING TO THE RECORDED PLAT THEREOF; ZONING SAID PROPERTY IN ACCORDANCE WITH THE ZONING ORDINANCE FOR THE TOWN OF VAIL; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman Donovan. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Robinson noted that a public hearing had been held at the last regular meeting 0. ?7_ • and findings and conclusions set forth. The Mayor polled. the Council as to whether they had read and understood the ordinance; CounciIn-e n White, Langmaid, Steinberg, Donovan, Bailey and Staufer each indicated that he had. Councilman Staufer moved that Ordinance No. 12 be approved on first reading and published for public hearing at the next regular meeting; Council- man Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor, there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance. Mr. Robinson explained that Resolution No. 30 sets forth the questions to be voted upon in the election; appoints the judges and clerks for that election; sets forth the qualifications for voting and like matters. This document will be on file for public inspection. Councilman Steinberg moved that Resolution No. 30 be adopted; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried. In introducing the master plan presentation, Mayor Dobson noted that many of the suggestions and recommendations made at previous hearings had been incorporated into the plan. Mr. Royston added to this that the plan is still not a fixed article. Mr. Beck and Mr. Royston presented slides and explained four maps; the master plan, transportation plan, open space plan and develop- ment plan. Mr. Ream presented the plans for the transportation terminal and parking structure. He noted that a basic, open parking structure costs $2,000 per car space. In the present proposed design, there are several advantages. 1 . the cars are hidden; 2. a major entryway to the town is provided; 3. a major landscaped area is provided; 4. visitor services are. tnctuded; 5. office space can provide additional income; 6. traffic is removed from East Meadow Drive; 7. an additional roadway link is included; 8. snow removal costs are reduced, 9. information distribution is given a focal paint; and 10. it saves land for future use. The cost projection for this is $3,860 per car space. Mr. Bernstein explained some calculations he had. made. The total master plan, if it could be done tomorrow, would cost between 12.5 million and 14.5 million dollars. Mr. Amato asked Mr. Herrington what he foresaw the interest rate to be on the bonds; Mr. Herrington replied that, in view of the current situation, it might be 6.5/0; this would increase the debt service calculated by $25,000 per year. Again in response to a question from Mr. Amato, Mr. Herrington noted that the maximum interest will be set at 10%. This allows certain coupons to bear higher interest than others. The current bonded indebtedness is $2.5 million. If the Antholz property is given a value of greater than 3 million dollars, Mr. Herrington indicated that some dif- ficulties would be created for the Town. In response to the question as to whether the Town could legally invest the funds from the bonds while awaiting the expenditure of those funds, Mr. Herrington noted that the only restriction is that the monies gained must be spent within 36 months. The bonds, if authorized, will be issued by January 1. The. present tot parks 450 cars, the new structure will park 1023 cars. Mr. Amato suggested that the cost of each incremental space is therefore $7,000. Mr. Frank suggested that such an approach is misleading; in many respects, the parking structure/transpor- tation terminal is an attempt to start anew and incremental cost is not applicable. A member of the audience inquired as to who had the control of the additional funds that might be generated by the bond issue. Mr. Herrington noted that any additional issuance of bonds would need to be voted upon; however, any funds not requiring a bond issue are allocated by the Town Council. Mr. Hyder presented a basic cost breakdown: parking structure - $3,950,000; central plaza - $150,000; terminal building - $600,000; landscaping, paving, road construction, property acquisition and fees - $490,000. A member of the audience suggested that the parking structure did nothing to enhance the environment of the Town. Mr. Royston offered the counter- suggestion that the centralizing of cars frees much of the land of the Tov?n -2-- . for other purposes. The member of the audience, Mr. Link, suggested that ` it would be better to bus peopi6' into the Town Mr. Royston noted that even if that were feasible, it would be necessary to have terminal facilities. Mr. Frank inquired as to the public or private nature of some of the tennis courts shown and also how long it would be before the performing arts center was constructed. Mayor Dobson noted that public tennis facilities are needed; those shown in the plan for Lionshead are subject to further negotiations. Mr. Beck suggested that it would be possible, if the land acquisition were made, to begin construction within three years on the performing arts center. Mr. Frank suggested that, in this case; it would be preferable to convert the A-frame to these uses. Mr. Beck stated that they have recommended that the A-frame be kept in its present use. However, it is not large enough for a performing arts center. Mr. Frank noted that a natural amphitheater exists across the creek. Mr. McLaughlin voiced several concerns. He is not convinced that a transpor- tation terminal, beyond a parking structure, is needed. He suggested that the cost of parking might drive people away from the old core. He further sug- gested that the top level of cars will be visible from the frontage road. Mr. McLaughlin objected to a free delivery service by electric carts. He sug- gested that?the figure of $8,000,000 for the Antholz property was unrealistic. It was Mr. McLaughlin's opinion that the plan is extremely core-oriented. He suggested that Lionshead, Sunburst, Sandstone and areas outside of the Town of Vail also needed attention. Mayor Dobson clarified that, in response to a question from Mr. McLaughlin, the proposed restaurant operation. is only seen as a service for those waiting for transportation or who arrive very late on buses, etc. He also stated that if a delivery system were developed, the question of who would bear its cost has not yet been determined. Mr. Beck noted that any available areas in Lionshead and Sandstone have been noted on the proposed plan; part of the difficulty is the unavailability of land in those areas. Mr. Ream noted that the enclosing walls on the top Level of the structure are four feet high and, hence, will hide a large portion of the car. Also, plantings will extend above these walls. . Mr. Elias expressed his concern that the 150,.000 people arriving in,VaiL by bus last season were not being given the treatment they deserve. Mr. Minger added to this that last winter 80,000 to 120,000 people a month were trans- ported on the shuttle bus system. In addition, any regional system or valley- interceptor system would need a terminal facility. It was Mr. Minger's opinion that the Lionshead lot may need expansion at some time. Mr. Amato suggested that any discussion of pedestrian walkways must take into account that the streets may not be entirely owned by the Town. He maintains that they do.ncst have the right to bar vehicles from these streets. Mr. Blumberg asked how the questions will be presented to the voters. Mr. Herrington noted that there i will be three questions; one on each project and one on the question of the sales tax increase. Mr. Blumberg inquired what would happen if the purchase of the Antholz were approved but the parking structure disapproved. Mr. Herrington noted that that would depend on the opinion of the Council as to whether the structure should be re-submitted to the voters at a later time. Mr. Klug suggested that the Town should make an effort to purchase the land on the south side of the creek"in Lionshead from Vail Associates. Mr. Beck suggested that, as that is the only land available for open space in that area, it might be preferable to continue to urge that courts being built there. be changed to public courts. Mr. Blair, the County Planner, asked for suggestions from the Town as to the effect of their plan on surrounding areas and vice versa. Mr. Minger noted that they have given some attention to an extension of the plan in terms of bicycle paths, parks, etc. He added that, given the amount of growth projected for the area, the Town is willing to help in any way possible. Mr. Blair sug- gested that the Council draft a,statement setting forth their thoughts on growth in the Upper Eagle Valley. Mr. McCall stated that he was in favor of a regional planning authority covering the area from Wolcott. east. Mr. Blair noted that, while he is not against such a body,'it might not be advisable to fragment governmental efforts. The members of the Town Council expressed their opinions in favor of the property acquisition and parking structure construction. Councilman Donovan moved that the work of the planning firms to date on the Master Plan be endorsed; Councilman White seconded; approval was unanimous. Mayor Dobson noted that discussion will continue on this plan. The matter of a request for a conditional use permit for a snow-making. pump- house from Vail Associates was next introduced. The area on which it.is to be located is zoned "Agricultural." Mayor Dobson noted that he has received four letters of concern over this project. Mr: Bob Parker was of the opinion that the construction of a pumphouse would reduce clutter, reduce noise and contribute economically to the community. He explained that the additional snow on the lower Lionshead slopes would lengthen the season. The structure would also be a racehouse. Mr. Welin added that the system has been approved in concept by the Forest Service. A snow-making consultant stated that the airless sytem is not at a stage such that its installation is feasible at this timq however, the system currently designed can be converted in the future. In either type of system, the pumphouse would be needed. Mr. Parker contributed that the terrain around the building would be built up and that trees would be planted. The details of color and roof material have not yet been decided. Councilman White inquired what the alternative was to building the pumphouse this season. Mr. Parker replied that they could put the equipment directly on the slopes as before but that this is not efficient and they would not be able to cover the higher areas needing snow. In addition, the old equipment takes a longer time. In regard to the amount of water needed, Mr. Parker noted that they would work with Mr. Rose on this matter. It was noted that approval by the Planning Commission is also needed. Mr. McLaughlin stated that he was representing three property owners in the area. Vail Associates has agreed to sign a contract with them guaranteeing that the building wilt be built as presented to them. Mr. Bill Jensen was present representing Mr. George Cannon. They would like more clarification of the project before entering into a contract with Vail Associates. They would therefore ask that the request be tabled until this agreement can be reached. Mr. Robinson noted, in response to a question, that any separate agreements signed do not override the perogative of the Council in the matter. Mayor Dobson suggested that the Council refer the matter to the Planning Commission and await the completion of Vail Associates' negotiations over the contracts.. Mr. Ktug noted that the business people in Lionshead are concerned with the improvement of skiing. Councilman White suggested that they build only a temporary building this winter; Mr. Parlor responded that a temporary building is not adequate for the new equipment. Mrs. Boyd asked if any time limits would be applied to snow-making. Mr. Parker responded that the scheduling depends on the temperature and humidity. In further discussion, 0 Mr. Parker noted that the vehicle noise would be approximately the same as that associated with the operation last year. Councilman Bailey suggested that more adequate drawings, and especially an elevation treatment, were needed from Vail Associates. Mayor Dobson suggested that the matter be referred to the Planning Commission for their recommendations. The matter was tabled pending these findings., Ordinance No. 13, AN ORDINANCE ESTABLISHING BICYCLE AND PEDESTRIAN PATHS WITHIN THE TOWN OF VAI L; REGULATING THE USE OF SU CH BICYCLE AND PEDESTRIAN PATHS; PROHIBITING TH E USE THEREOF BY CERTAIN VEHICLES; PROVIDING FOR THE RIGHT-OF-WAY ALONG SUCH BICYCLE AND PEDESTRIAN PATHS; PROVIDING PENALTIES FOR VIO- LATION OF THIS ORDINANCE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for first reading by Councilman White. The title was read in full by the Mayor and the audience advised that copies were. available. Mayor Dobson noted that the essence of the ordinance is to prohibit all motorized vehicles from these paths. The Council was polled as to whether they had read and understood the ordinance; each indicated that he had. Councilman White moved that Ordinance No. 13 i be approved on first reading and that the Town Clerk be instructed to publish same for public hearing at the next regular meeting; Councilman Steinberg seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried. -4- 014 r_? Mr. McLaughlin, representing Mr. Larese in his request for a parking variance, noted that a number of other buildings have been given variances conditioned upon their agreement to purchase parking spaces when and if they become available. Councilman Donovan expressed his opinion that it would be a bad policy to allow the purchase of parking in order to undergo a change of use. He suggested the matter be studied before a decision is reached. Mr. Minger noted that, while Mr. Larese has a right to apply for the variance, the Town has a Iready taken steps to purchase the prope rty. Councilman Donovan moved that the matter be tabled until the rneeting of August 21; Councilman White seconded; approval was unanimous; the motion carried. Ordinance No. 8, AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF VAIL, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; CREATING ZONING DISTRICTS; ESTABLISHING AND CREATING A ZONING MAP; ESTABLISHING PARKING REQUIREMENTS; ESTABLISHING A DESIGN REVIEW BOARD; CREATING REQUIREMENTS FOR ENVIRONMENTAL IMPACT REPORTS; PROVIDING FOR APPOINTMENT OF A ZONING ADMINISTRATOR; PROVIDING FOR VARIOUS ADMINISTRATIVE, REVIEW AND APPEAL PROCEDURES; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 7 (Series of 1969); ORDINANCE NO. 8 (Series of 1970, ORDINANCE NO. 15 (Series of 1970), ORDI NAN CE NO. 3 (Series of 1972); AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for second reading. The title was read in full and the audience advised that copies were available.' Mr. Otto expressed the opinion that the revised ordinance places a greater burden on the Town Council to show the reasoning behind a denial of a project as a result of the environmental impact statement. With this change, he felt that Vail AssociatesI concerns had been taken care of and he recommended adoption of the ordinance. The Council was polled as to whether they had read. and understood the ordinance; Bach indicated that he had. Councilman Staufer moved that Ordinance No. 8 be adopted as amended; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there.were no votes against; the motion carried and the ordinance was adopted. Mayor Dobson announced the appointment of Bill Hanlon to the Planning Com- mission. The minutes of the meetings of July 12 and July 17 had been previously submitted to the Council; Councilman Donovan moved they be approved; Council- man Bailey seconded; approval was unanimous. Mr. Otto noted that he had just been informed that if a decision on the snow- making pumphouse was delayed another two weeks, they would be unable to build it. Mayor Dobson noted they could have a special meeting if the agree- m ents with the property owners were satisfactorily completed. As there was no further business, the meeting adjourned at 1;35 a. m. Town Clerk -5- t F E E ?J FINANCING OF VAIL MASTER PLAN TABLE OF CONTENTS PAGE 1. FINANCING OF VAIL PARKING FACILITIES A. Annual Debt Service Requirement - - - - - - - - - - 1 B. Annual Operating Budget - - - - - - - - - - - - - 2 C. Schedule of Annual Costs by Year - - - - - - - - - 3 D. Parking Facility Revenue Estimates- - - - - - - - - 4 E. Projected Annual Sales Tax Subsidy- - - - - - - - - 6 II. FINANCING OF VAIL LAND ACQUISITION A. Annual Debt Service/Sales Tax Requirements-- - - - - 7 III. TOWN OF VAIL REVENUE ESTIMATES A. Sales Tax Projections-General Fund; Restricted Fund- - - - - - - - - - - - - - - - - 8 B. 21 Proposed Fund Yields Applied to Parking Facility and Land Acquisition Requirements - - - - - - - - - - - - - - - - - - - 9 C. 11 (Existing) Restricted Fund Yields Applied to Parking Facility and Land Acquisition-- - - - - - - - - - - - - - - - - - - - 10 I. FINANCING OF VAIL- PARKING FACILITIES A. ANNUAL DEBT SERVICE REQUIREMENTS $4,900,000 VAIL PiW-KING FACILITIES Interest Total Principal Year Principal @ 6.007. and Interest 1974 $ 130,000 $ 294,000 $ 424,000 1975 1401000 286,200 426,200 1976 150,000 277,800 427,800 1977 160,000 268,800 428,800 1978 170,000 259,200 429,200 1979 175,000 x 249,000 424,000 1980 190000 23851500 428,500 1981 200,000 227,100 427,100 1982 210,000 215,100 425,100 1983 225,000 202,500 427,500 1981E 240.%000 189,000 429 , 000 1985 250,000 174,600 424,600 1986 270,000 159,600 429,600 1987 2851$000 143,400 428,400 1988 300000 126,300 426,300 1989 320,000 108,300 428,300 1990 335,000 89,100 424,100 1991 360,000 69,000 429,000 .1992 38G,000 47,400 427,400 1993 410,000 24,600 434,600 $4,900,000 $3,649,500 $8,549,500 • I I. Financing of Vail Parking Facilities (Continiued) B. ANNUAL OPERATING BUDGET 1. Peak Season (November 15 - April 15) . Personal Services: 1-Supervisor (Annual. Salary) $12,000 1-Custodian./Security Ian (Annual Salary) 10,000 5-Attendants/ Collectors @$3,000/month 15000 Fringe Benefits 4,500 Total Personal Services $41;500 Non-Personal Services Insurance (Yearly Premium) 6,000 Utilities (Ventilation/Fighting) (Annual Allowance) 101000 Repairs/Mtnce./Equipment (Annual Allowance) 5,000 Contingency - Annual Allowance 8,500 Total Non-Personal Services $29,500 • Operating Budget - Peak Season $71,000 2. Low Season (April 16 - November 14) Personal Services 3-Attendants/Collectors @$1,800 per month 12400 Fringe Benefits 21000 Operating Budget-Low Season $14,600 TOTAL ANNUAL OPERATING BUDGET $85,600 * IS* Snow Removal costs are same as they are with existing lot and will be funded through General Fund. -2- I. Financing of Vail Parking Facilities (Continued) C. ANNUAL COSTS (OPERATING AND DEBT SERVICE) DEBT SERVICE OPERATING TOTAL ..AR (WAGE .1) (PAGE 2) COSTS 1974 $424,000 125,060 436,000 1975 426,200 85,600 511,800 1976 4271,800 88,600 5163-400 1977 428,800 91,600 520,400 1978 429,200 94,600 523,800 1979 424,000 97,600 5211,600 1980 428,500 100,600 529,100 1981 427,100 103,600 530,700 1982 425,100 1060600 531,700 0 83 427,500 109,600 537,100 1984 429,000 112,600 541,600 1985 424,600 115,600 540,200 1986 429,600 118,600 548,200 1987 428,400 121,600 550,000 1.988 426,300 124,600 5501900 1989 428,300 127,600 555,900 1990 424;100 130,600 554,700 1991 429,000 133,600 562,600 1992 427,400 136,600 564,000 0- 993 434,600 139,600 574,200 * Ili Months of Operation -3- I. Financing of Vail Parking Facilities (Continued) D. PARKING FACILITY REVENUE ESTIMATES 1. Possible Rate Structure: Peak Season (Nov. 15'- April 15) lst hour = .25? up to 3 hours= .50? up to 6 hours= .75? 6-24 hours =$2.00 Low Season (April 16 - November 14) up to 3 hours= Free 3 to 6 hours = .75? 6 to 24 hours=$2.00 Peak Season Parking Pass=$175.00 Annual Parking Pass =$250.00 2. A__ssumptions for 1974-1975 Ski Season (lst year of operation): -On 20 days there will be an average of 800 vehicles (excluding 100 season pass holders) parked in the lot -On 40 days there will be an average of 675 vehicles {excluding 100 season pass holders) parked in the lot -On 95 days there wil be an average of 450 vehicles parked in the lot 3. Revenue Potential for 1974-1975 Ski Season Based on Above Rate Structure and Above Assumptions: Peak Season: 20 days @ 800 spaces = 16,000 parking space days 40 days @ 675 spaces = 27,000 parking space days 95 days @ 450 spaces = 42,750 parking space days 155 days = 85,750 parking space days x$2 Gross Revenues-Day $171,500 Parker (1974-1975) • -4- 4. Revenue Potential for 1975 Low Season Based on Above Rate Structure: Low Season: 210 days @ ave. 150 spaces=31,500 parking space days x$2 Gross Revenues-Day Parker $63,000 1975 Low Season 5. Gross Revenue Potential and Estimate-1975 Peak Season $171,500 Low Season 63,000 Season Passes 20,000 Rent (Cont. Trailways' 33,000 V.R.A., Rest.) $287,500 • L _5_ I. Financing of Vail Parking Facilities E. PROJECTED ANNUAL SALES TAX SUBSIDY: DEBT SERVICE (PACT, 1.) $424,000 426,200 427,800 428,800 429,200 424,000 428,500 427,100 425,100 427,500 429,000 424,600 429,600 428,400 426,300 428,300 424,100 429,000 427,400 434,600 OPERATING COSTS (PAGE 2) $12,000 85,600 88,600 91,600 94,600 97,600 100,600 103,600 106,600 109,600 112,600 11.5,600 118,600 121,600 124,600 127,600 130, 600 133, 600 136,600 ].39,600 TOTAL PARKING LOT REQUIRED COSTS REVENUE SALES TAX $436,000 12,000 424,000 511,800 287,500 224,300 516,400 307,500 208,900 520,400 327,500 192,900 523,800 347,500 176,300 521,600 367,500 154,100 52.9,100 387,500 141,600 530,700 407,000 123,700 531,700 427,000 104,700 537,100 450,000 87,100 541,600 460,000 81,600 540,200 4701,000 70,200 548,200 480,000 68,200 550,000 490,000 60,000 550,900 500,000 50,900 555,900 510,000 45,900 554,700 520,000 34,700 562,600 530,000 32;600 564,000 540,000 24,000 574,200 550,000 24,200 ll' Months Operation -6- II:, FINANCING OF VAIL LAND ACQUISITION A. ANNUAL DEBT SERVICE REOUIRETIENTS (TO BE "?ET BY SALES TAX REVENUES) $3,000,000 VAIL LAND ACQUISITION • • ?J Year Principal 1974 $ 80,000 1975 85,000 1976 90,000 1977 100,000 1978 100,000 1979 110,000 1980 115,000 1981 125,000 1982 130,000 1983 135,000 1984 145,000 1985 155,000 1986 165,000 1987 175,000 1988 185,000 1989 195,000 1990 205,000 1991 220,000 1.992 230,000 1993 255,000 $3,000,000 Interest @ 6.00% $ 180,000 175,200 170,100 164,700 158,700 152,700 146,100 139,200 131,700 123,900 115,800 107,100 97,800 87,900 77,400 66,300 54,600 42,300 29,100 15,300 $2,235,900 -7- Total Principal and Interest $ 260,000 260,200 260,100 264,700 258,700 262,700 261,100 264,200 261,700 258,900 260,800 262,100 262,800 262,900 262,400 261,300 259,600 262,300 259,100 270,300 $5,23.5,900 III. Town. of Vail Revenue Estimiates A. SALES TAX PROJECTIONS 3¢ SALES TAX EXISTING 41 S ALTS TAX PROPOSED GENERAL FUND RESTR ICTED FUND 1. Administration 8. Summer Recreation 'I. Capi tal. Improvements 2. Police Dept. 9. Library } 2. Open Space Acquisition 3. Building Dept. 10. Special Events 3. Debt Retirement on Above 4. Streets & Roads 11. Debi: Service on City 5. Landscaping Hall 6. Health/Welfare 12. Municipal Bus System 7. Day Camp/Ice Skating YEAR 1970 (Actual) 1971 (Actual)' 19 2 (Actual) 1 Estimated 1974 Estimated 1975 Estimated 1976 Estimated 1977 Estimated 1978 Estimated 1979 Estimated 1980 Estimated. 1981 Estimated 1982 Estimated r? ?J 2K YIELD 311,049 413,287 510,432 612,000 734)000 848,000 940,000 1,034,000 1,116,000 1,194,000 1,266,000 1,342,000 1,410,000 0 INCREASE OVER PRIOR YEAR 25.2 32.8 23.5 20.0 20.0 15.5 11.0 10.0 8.0 7.0 6.0 6.0 S.0 * Proposed Additional 1¢ Affective 7/1/74 1? YIELD 255,000 306,000 367,000 424,000 470,000 517,000 5S8,000 597,000 633,000 671,000 705,000 2? YIELD 534,000 84-8 , 000 940,000 1,034,000 1,116,000 1,194,000 1,266,000 1,342,000 1,410,000 -8- I'II. T-own of frail Revenue Estimates (Continued) B, 2? RESTRICTED FUND YIELDS APPLIED TO PARKING FACILITY AND LAND ACQUISITION REQUIREMENTS 2¢ SALES TAX (PACE 8) 534,000 848,000 940,000 1,034,000 1,116,000 1,194,000 1,266,000 1,342,000 1,410,000 SUBSIDY REQUIRED LAND PARKING FACILITY ACQUISITION (PACE 6) (PAGE 7) . 424,000 260,000 224,300 2601200 2085900 260,100 192,900 264,700 176,300 258,700 154,100 262,700 141,600 26111.00 1232700 258,900 104,700 260,800 AVAILABLE BALANCE /(I.50, 000>* 363,500 471,000 576,400 681,000 777,200 863,300 959,400 1,044,500 * Available For: 1. Ice Skating Rinks 2. Recreation Centers (Pool., Gyms) 3. Performing Arts Center 4. Conference Center 5. Landscaping 6, Tot Lots 7. Tennis Courts 8. Reduction of Property Taxes 9. Reduction of Parking Lot Rates 10. Future Parking 11. Open Space Acquisition to be funded Faith interest earned on bond proceeds from date of.bond issue to final completion of parking facility r7 _9_ w C. 1? RESTRICTED FUND YIELDS APPLIED TO PARKING FACILITY AND LAND ACQUISITION 1¢ SUBSIDY REQUIRED LAND SALES TAX PARKING FACILITY ACQUISITION AVAILABLE (PAGE 8) (PAGE, 6 ) (PACE 7 ) BALANCE? 367,000 424,000 260)000 <317,000> 4245000 224,300 260,200 <60,500? 470,000 208,900 260,100 1,000 517,000 192,900 264,700 59,400 558,000 176,300 258,700 1233,000 597,000 154,100 262,700 180,200 633,000 141,500 2612100 230,300 671,000 123,700 258,900 288,400 705,000 104,700 260,800 339,500 -10- MEMORANDUM • August 6, 1973 TO: TOWN COUNCIL FROM: PLANNING COMMISSION RE: CO M]WS ON VAIL MASTER PLAN 0 At a meeting Friday, August 3rd, the Planning Carmission reviewed in general the Master Plan for Vail. Unf, Lanately, most of the Town, Staff was in Denver so that scare of the CamLi.ssion's comments and questions might have already been answered or reviewed. In brief, the following points were raised. I. PARYOM oim) lME -- East End It appears that land has been left east of the structure for the structure to be expanded onto. The reasons are undoubt-aly financial; however, the Ccmni.ssion f-" s that as much of the structure should be 4,.,vleted at one time as possible. Some reasons are: 1. Increasing costs in the caning years. 2. Adding later creates construction activity in the village. 3. Maximum structure now helps restrict imm?-9intely traffic - into, and parking ir?-iairements for, the Golden Peak area. Even if only 200 or 300 spaces are added, it should be done along with the main building II. AOCF.SS ROAD AND CURVE ALONGSIDE BLUE COW A Looking over the y??,ath of the Golden Peak area in terms of skiing alone, with current and anticipated lifts, it seems that this access road will eventually k ?..? a major yolume route for traffic. As shown it is certainly too nay ,#, too steep, and presents too tight a turn onto the bridge over Gore Creek. Possibilities to consider: 1. Widen the turn greatly at the bridge. 2. Flair the street to wide k-,.vk&..L Lions where it joins the frontage road. 3. Heat the surface all the way to the frontage road. 4. Bring the road on a straighter line to the bridge fran the frontage road, using part of the ground east of the parking structure. This would not change the steepness, but might increase safety factor of entering the bridge. I C TIS ON VAIL MASTER PLAN Page Two III. PASS TO CHRISTIANIA Although automobile access is shown to parking lot across the. street fran the Christiania, it is up quite a steep little hill and might prove quite difficult to create in practice. Access to this area is important and one alternative might be to open Hanson Ranch Road to limited traffic. IV. THE COVP_x? BRIDGE The Cammi.ssion considers this to be a problem for immediate and serious consideration. The parking structure will create an enu?.?as volume of people coming through that bridge; in fact, the congestion is significant now on crowded ski days. The exist- ing bridge is simply not big enough to hanrllp those numbers of people comfortably. To arrive in the village on foot by cardng down a magnificent stairway, along a delightful landscaped walk, and then to stand in line to cross the bridge would rather blunt the affect Vail is striving for. The Commission rec" auzuids for inclu- sion in the pr??c.. for buiIA;ng the parking structure: 1. Enlarging the existing covered bridge. 2. Building a second one parallel to the first on the west side. A plan to solve the ice build-up problems that occur on the bridge each winter. V. L= ACCESS ROAD AND BRIDGE ON srm EAST END OF ANHOLZ A only that the idea of the access is excellent but that the Commission questions the location with -lard to terrain. VI. 10 ACRE SITE SOUPf3EAS"i' OF MANOR VAIL ..The proposed new lift in the Golden Peak area will increase the uphill capacity there to 2250 - greater than that presently served by Gondola I and Chairlift I. This coupled with the poten+-ial devAI-?rment of the 10 acres owned by Vail Assoc- iates could create massive traffic problems for that area, It will be i1,?b"_LLant to know.as soon as possible the development plans that VAI has for the site. VII. MANOR VAIL PEDFb-_r LAN BRIDGE In light of item VI above, might it not be wu?Lhwhile to explore the possibility of changing the pedestrian bridge to a point further east along the stream ---'to where it would cross at a point just east of Building C of Manor Vail (there is an old bridge 0 bed at that location). In this way the parking facilities on Anholtz could be tied more directly to the proposed new lift. People traffic could thus be routed more directly into and out of the Golden Peak area. r r ?T- r CCMMENTON T?tT V!-]IL MASTER PI AN ' ` Page Tree t 0 II MAIN ENTRANCE FROM PARKING z).i.AOCTURE The mein ccrrment here centered around the Inclinators. Since they serve a stronger function than a stairway for moving people into the entry to town, could they be somehow moved a bit_ east and made more a part of the main stair area. Should the Inclinators be re-evaluated? 1. They do not stop at levels inside the Transportation Building. 2. They only move people 12 floors. 3. Baggage can be handled separately and by more efficient means, i.e. elevators and baggage trains. 4. Maintenance and opera- i -nal . problems are unknown, 5. Are they too "gi.m dcky" for Vail.? ti -10 ,?,FIPvsiemJ6 l e e) doo fikso ?• M. ., u w w ?' F. Z L t '? ?'3 r O G5 oa,ereo ,. • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN, in accordance with Section 4.2 of the Home Rule Charter for the Town of Vail, that a special meeting of the Town Council for the Town of Vail will be held at the hour of 2:00 o'clock p.m., Thursday, August 16, 1973, in the Council Room of the Vail Municipal Building, Vail, Colorado. The subject of discussion shall be the request of Vail Associates, Inc., for a conditional use permit to allow the construc- tion of a snow-making pumphouse in an area zoned "Agricultural." DATED this 14th day of August, 1973, at the hour of 10:00 o'clock a. m. Town Clerk 0 I \ MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAI L AUGUST 15, 1973 • Notice having been duly posted 48 hours in advance of the meeting in two public places within the Town of Vail and delivered to each Council member setting forth the time and agenda of the meeting, a special meeting was convened at 2:15 p.m., August 15, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and-the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer • Also present were: Terry Minger, Town Manager Fred Otto, Vail Associates Doug McLaughlin George Cannon Mr. Cannon stated that his difficulties with Vail Associates have been resolved. Mr. Gordon Pierce, who had done the drawings of the building, explained some of the aspects of this building, including the portions to be filled and the portions to be buried. He noted an additional suggestion he has made, which is to separate the driveway to the building and the bicycle paths. Mr. Otto submitted one of the agreements reached with the property owners. Mr. McLaughlin noted that his clients have reached a similar agreement with Vail Associates. He also mentioned that there is a great deal of parking along Forest Road in the winter; Mr. Minger indicated that the staff will look into the problem. He suggested, however, that some of the residences in that area do not have driveways or driveways sufficient for the number of cars. As there was no further discussion, Councilman Donovan moved that a conditional use permit be granted to Vail Associates for a snow--making pumphouse in an "Agricultural" zone; Councilman Staufer seconded; Councilmen Bailey, Donovan, Langmaid, Staufer and Dobson voted in favor, there were no votes against; the motion carried. As there was no further business, the meeting adjourned at 2:30 p. m. Z7'?r Town Clerk f vao*,,? / .1 • FROM THE DESK OF: Fred Otto Linda: Hokin and Eihlein have not signed their agreements--we're expecting them soon. 0 a , AGREEMENT This Agreement entered into this day of August, 1973, between VAIL ASSOCIATES, INC., a Colorado corporation (hereinafter called "Vail Associates"), and GEORGE R. CANNON and SUE CANNON of Vail., Colorado (hereinafter called "Cannons"). WITNESSETH: WHEREAS, Cannons are the owners of certain real property located in Vail, Colorado, more particularly. described as Lot 5, Block 1, Vail Village Sixth Filing, Eagle . County, Colorado upon which is constructed'a,! -bedroom hous (hereinafter called "Cannon Property");. and WHEREAS Vail Associates desires to construct a pump- house which will be located near the Cannon Property in a north- easterly direction, which pumphouse will be used in. the operation of making artificial snow and which will contain pumps, control equipment and two diesel or electric compressors located out-- side but adjacent to the pumphouse building on the west-side (the "Pumphouse"). The Pumphouse may also contain a timing facility for ski races; and WHEREAS, Vail Associates is seeking to obtain a con- ditional use permit from the Town of Vail to construct the. Pumphouse in its proposed location, which location is zoned' agricultural and in order to obtain such a permit, the Board --I- of Trustees of the Town of Vail have requested that Vail C Associates enter into an agreement with'the Cannons and the Cannons desire to enter an agreement with Vail Associates governing the use and activity of the Pumphouse, NOW, THEREFORE, the parties, in consideration of the following mutual covenants and agreements, agree as follows: 1. Vaal Associates agrees that it will construct • the Pumphouse substantially in accordance with the plans rendered by the office of Fitzhugh Scott, an architect in Vail., Colorado, which plans are dated August 9, 1973, and were presented to the Planning Commission of the Town of Vail on that date. Furthermore, Vail. Associates covenants and agrees to comply with all the terms and conditions of that certain memorandum of the Planning CUIMiLiSSion of the Town of Vail, dated August 10, 1973, addressed to the Town Council., Town of Vail., a copy of which is attached to this Agreement and is in- corporated herein by reference. 2. Vaal Associates covenants and agrees that the • Pumphouse shall contain the following equipment and facilities and no others: (a) water pumps and related control equipment, (b) air nozzles and air hoses, (c) other tools and equipment related to snowmaking, (d) workspace for the repair and maintenance of the pumps and equipment described above, (e) the timing .. facility which shall be used only in connection with ski races, -2- OF (a) a garage capable of handling a vehicle necessary to service the pumps and related equipment described above and (g) heating .and ventilating equipment, utilities, plumbing facilities and electrical wiring. Vail Associates agrees that the pumphouse building will be used only for the purpose of making artificial snow and for no other purpose and will contain only the pumps, equipment and facilities described above.' Vail Associates further covenants that the Pumphouse will be operated only dur- ing the times it is reasonably necessary to manufacture snow. Trucks and other vehicles will come to, leave, and will service the Pumphouse only during.the time snow is being manufactured. is 3 Vail Associates covenants.and agrees.that the Pump- house,as physically described in paragraphs l and 2 above, shall not be expanded or enlarged without the prior written consent of the Cannons. However,.Vail Associates shall have the right to enclose the area adjacent to the Pumphouse on the west, which now contains two diesel compressors, without the necessity of obtaining the consent of the Cannons. 4. The parties recognize and agree that the domestic water availability and water pressure to the Cannon Property is presently adequate for the comfortable use of the house. Vail. Associates represents and guarantees that the use of its artificial snowmaking equipment will not affect the present -3- adequacy of the water availability and water pressure to the Cannon Property. If, during the term of this Agreement the water availability or water pressure to the Cannon Property is less than adequate, and it can be reasonably shown that the cause of the inadequate water availability or pressure is due solely to the operation of the artificial snowmaking equipment by Vail Associates, Vail. Associates shall, upon written notice from the Cannons, immediately take all steps necessary to restore the water availability and/or pressure, which steps might include, but would not be limited to installation of additional water lines to the Pumphouse or the Cannon Property or similar steps. 5. In entering into this Agreement, Vail. Associates a has represented to the Cannons that the operation of the pumps contained within the Pumphouse will not generate any additional significant noise level. The operation of the two diesel compressors outside the Pumphouse will generate a noise level, which will be noticeable outside and inside the Cannon Property during the time artificial snow is being manufactured. If, in the reasonable opinion of the Cannons, the total noise level produced by the Pumphouse, the two adjacent compressors and the vehicular traffic to and from the Pumphouse (but excluding the operation of the nozzles which blow out the artificial snow) interferes with the comfortable enjoyment and livability of the Cannon Property, it being under- stood that the residence protion of the Cannon Property is ?J • • used for the entertainment of guests, the Cannon family and is located in an exclusive ski resort area, then the Cannons shall. have the rights set out in the remainder of this paragraph. The Cannons shall give written notice to Vail Associates that the noise level interferes with the comfortable enjoyment and livability of the Cannon Property. Cannons may th€n retain, at their expense, an engineer or other professional ex--- perienced in construction and noise abatement, to...investi- gate and prepare a report on the construction of the Pump-- house, related facilities and the noise generated from its use and traffic. If in the opinion of such engineer or other qualified professional, the noise generated from the Pumphous.e, related facilities,.its use and traffic can be lessened by modi- fications, additions or improvements to the Pumphouse which would not involve complete removal of the facility, or the com- ponents thereof, then such report shall be transmitted to Vail. Associates and Vail Associates shall, within 6D days after're-- . ceipt of such report, make the modifications, additions.or im- provements called for by such report. This 60-day time period may be extended due to inability of Vail Associates to obtain. labor, materials or on account of strikes,. weather or other matters outside the control of Vail Associates. The first X7,500.00 of the cost of such modifications, additions or improve- ments shall be borne by Vail Associates and amounts of such cost -5- in excess of $7,500.00 shall be borne one--half by Vail. Associates • • `J and one-half by the Cannons. It is agreed, however, that the maxi- mum monetary liability of Vail Associates under the foregoing sentence shall not exceed $15,000.00 6. This Agreement shall be binding on the successors and assigns of Vail Associates. This Agreement shall be personal. to the Cannons and to any member of the Cannons' iimaediate family, provided the Cannons transfer title to the Cannon Property to any member of their immediate familyo "Immediate Family" means the existing children of the Cannons. The Agree-. ment shall expire on the date that (l) title to the Cannon Property is conveyed and transferred to someone other than the Cannons or their immediate family, or (2) five years, which- ever occurs first. VAIL ASSOCIATES, INC. P C+,Lj.O L- - TD, sz N' S J ATTEST; t-,(-& L- ate Sue Cannon -6- t August 10, . 1973 MEMORANDUM T0: TOIM COUNCIL FROM: PLANNING COMMISSION RE: VAIL ASSOCIATES PUf4P MOUSE In a meeting Thursday, August 9th, the Planning Commission reviewed a revised plan from Vail. Associates for the Pump House to be located down.at LionsHead. Based on that plan and with a few observations . noted below, the Commission recommends to the Council that a Condi- tional,Use Permit be issued for the building. Following are a list of points discussed with Vail Associates which:' should be made a part of the Permit: A wooden gate and fence should be placed across the drive to screen the compressors located just outside the west portion of the building. 2. The deadline for absolute completion of the building, including. all landscaping was set at July 15, 1974. In connection with this, the Commission recommends that the Town be provided with a detailed landscape plan for the project as soon as possible. 3. The requirement of 'a Performance Dond for landscaping was waived .in view of the contractual agreements which Vail Associates will enter into with various neighboring homeowners, repre'sented.by Douglas McLaughlin, which stipulates that if Vail Associates does not complete a satisfactory landscaping plan, the hom'eowne.rs may come in and redo it ---- with the cost to. be borne by Vail. Associates. 4. if suitable to the site, the building may be rotated slightly on a. clockwise basis -°- it was the fe'eling that this would actually enhance the hidden aspects of the west elevation. 5. Vail Associates indicated that the west wall of the building may*. be extended to the west at some future time to slightly enlarge . the building. The Commission recommends that if this takes place, the then west wall be faced with stone. 6. The Commission recommends that the outside air tank also be screened. This would be accomplished by point #1 for the immediate future; however, if the building is extended and the wooden gate taken down, then the air-tank would require some additional screening. 7. `'here is a bit of a problem concerning the entrance road to the building and the bike path which appears to run through it. The Coaunission recommends that the entrance road be put to the side of the bike path and be gravelled as shown on the plan.-- --------- . -..this will 'eliminate any confusion about the bike path being actually part of the driveway. s x MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL AUGUST 21, 1973 t' A regular meeting of the Town Council of the Town of Vail was convened at 7:35 p.m., August 21, 1973, in the Council Room of the Vail Municipal Bu i Id ing. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey Jahn .Donovan Joseph Langmaid Josef Staufer Gerry White Tom Steinberg (for a portion only) Also present were: Jim Lamont, Administrative Assistant Bob Manzanares, Administrative Assistant Kent Rose, Town Engineer Gary Wall, Police Chief Ordinance No. 9, AN ORDINANCE ESTABLISHING COMPREHENSIVE SIGN REGULATIONS FOR THE TOWN OF VAIL, AND .PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; REGULATING THE ERECTION, CONSTRUCTION, RESTORATION, ALTERATION, LOCATION, LANDSCAPING AND MAINTENANCE OF SIGNS, WINDOW SIGNS, FLAGS, PENNANTS, BANNERS AND BUNTINGS, DISPLAY BOXES, RESIDENTIAL NAME PLATE SIGNS, SUBDIVISION ENTRANCE SIGNS, TEMPORARY SITE DEVELOPMENT SIGN`, TRAFFIC CONTROL SIGNS FOR PRIVATE PROPERTY, MURALS AND SU:PERGRAPHICS AND PERMITTING AN:APPROVED SIGN PROGRAM; ESTABLISHING A DESIGN REVIEW PROCEDURE AND GUIDELINES; PROVIDING FOR VARIOUS. ADMINISTRATIVE, REVIEW AND APPEAL PROCEDUR ES; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE REPEAL OF: ORDINANCE NO. 15 (Series'of 1967); and SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read' in ful-l by the Mayor and the audience advised that copies were available. Changes in the ordinance made since the first reading were discussed. Councilman Donovan questioned the pro- vision giving the design review board discretion in regard to signs for base- ment businesses. He found the proposed maximum size too large. Mr.` L. Parker disagreed; he felt that if this discretion were not allowed, the first floor business is given an unfair advantage. Mayor Dobson suggested that a different approach would be to allocate a certain square footage of signs to each building and allow the individuals within the building to work out further arrangements within that limit. Mr. Parker suggested that another approach would be to base the size of the sign on the square footage of the business. Mr. Lamont stated that there would still be variations in size of allowable signs under this method. He. further noted that there is some Flexibility given through the option of sign programs for a building and joint directory signs. After some further discussion, Councilman Donovan moved that the option for below-grade business signs to be up to 12 square feet, at the discre- tion of the design review board, be deleted in each of the four places in which it occurs; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried. Councilman Staufer disagreed with the provision which prohibited the lighting of traffic control signs' on private property. He moved that indirect lighting of traffic control signs on private property be allowed at the discretion of the design review board; Councilman Donovan seconded:, Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried. Councilman Staufer suggested that the addition of a provision for selective condemnation would result in a court proceeding to remove the Holiday Inn sign, rather than encouraging negotiations for its removal. Mr. Lamont noted that this provision had been requested at the first reading. There was general agreement that the provision should remain in the ordinance. 1 i • 1 Mr. L. Parker objected to the provision allowing a single business occupant of a building a free-standing sign of 20 square feet irregardless of the frontage of the business. After some discussion, Councilman Staufer moved that the size limitations of a free-standing sign be calculated on the basis of lineal front footage; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried. The subject of the size of signs allowable in arcades was next discussed. Councilman White moved that signs in arcades be limited to three square feet; Councilman Donovan seconded;, Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried. As there was no further discussion, Councilman Staufer moved that the amend- ments proposed by the staff be approved, exclusive of the foregoing changes; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried. Councilman White moved, that Ordinance No. 9 be adopted as amended; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 12, AN ORDINANCE ANNEXING TO THE TOWN OF VAIL CERTAIN TERRITORY SITUATED IN EAGLE COUNTY, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS VAIL VILLAGE II.th FILING, ACCORDING TO THE RECORDED PLAT THEREOF; ZONING SAID PROPERTY IN ACCORDANCE WITH THE ZONING ORDINANCE FOR THE TOWN OF VAIL; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. Mr. Rose clarified that the property is being annexed under the old zoning ordinance, but that any improvements made after annexation will be regulated under the new zoning ordinance. As there was no further discussion, Councilman Staufer moved that Ordinance No. 12 be adopted; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted.. Ordinance No. 13, AN ORDINANCE ESTABLISHING BICYCLE AND PEDES- TRIAN PATHS WITHIN THE TOWN OF VAIL; REGULATING THE USE OF SUCH BICYCLE AND PEDESTRIAN PATHS; PROHIBITING THE USE THEREOF BY CERTAIN VEHICLES.;AND LIVESTOCK; PROVIDING FOR THE RIGHT-OF- WAY ALONG SUCH BICYCLE AND PEDESTRIAN PATHS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. It was noted that the ordinance has been amended to include the prohibition of livestock from these paths. Mr. Wall noted that Vail Associates would like to use the portion of the path that leads to Gondola. I for service to that gondola and for ambulances. Such an arrangement might remove some vehicles from the core area. He further noted that there is no provision for special permits in the ordinance as now written. Councilman Staufer was of the opinion that, as the paths were constructed for a specific purpose, the additional use should not be a l lowed . Mr. Elias inquired if the bicycle path, in those portions where it follows the city streets, was to be separated by a line in the future. Mayor Dobson noted that this would be considered. Mr. Elias inquired if ordinances would be passed regulating -2- the manner in which bicycles are ridden. Councilman White noted that. bicycles are bound by state statutes when on the public streets. Mr.. Weibel inquired about the relationship of the Vail Associates pumphouse to the bicycle paths. Councilman Langmaid noted that they have agreed to move the bicycle path to the north and use the existing path for their driveway. Trees will be planted between the two paths. Councilman Donovan moved that Ordinance No. 13 be adopted as amended; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg (who entered during the foregoing discussion), White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 14, AN ORDINANCE PROVIDING FOR THE REVVEW OF A LL LANDSCAPING AS REQUIRED BY THE ZONING ORDINANCE AND THE SIGN ORDINANCE, WITHIN THE TOWN OF VAIL; PROVIDING REVIEW PROCE- DURES AND CRITERIA; ESTABLISHING PERFORMANCE BONDING THEREFOR; REQUIRING MAINTENANCE THEREOF; AND SETTING FORTH MATTERS IN RELATION THERETO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF was introduced for first reading by Councilman Langmaid. The title was read in full and the audience advised that copies were available. Councilman Langmaid moved that Ordinance No. 14 be approved on first reading; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and -Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance for public hearing at the next regular meeting. • In regard to a request for a parking variance from Mountain Bell, Mr. Rose reported that they have asked that this matter be postponed, The matter was tabled until the next regular meeting. Mr. Rose explained that the fees to be charged under the new zoning ordinance were being submitted separate fromthat ordinance in order to maintain flex- ibility. Councilman Staufer was of the opinion that the suggested fees would not pay for the staff time involved. Mr. Rose noted that any outside consultant fees would be paid by the developer. There was general agreement among the Councilmen that the fees were too low. Mayor Dobson suggested that the mat- ter be studied further. Mayor Dobson noted that there are two applicants for the vacancy on the Planning Commission: Dudley Holmes and Jack Fritzlen. After an informal vote, the Mayor announced that Mr. Fritzlen had been elected to the Planning Commission. Mr. Jay Peterson asked that the variance request from Ernst Larese be tabled. The matter was postponed until the next meeting. 0 Mr. Elias suggested that the Town impose a use tax. It was his opinion that if this was done the additional 11/c sales tax might not be needed. Mr. Peterson noted that the State currently collects the sales tax for the Town at no charge; if a use tax were adopted, the Town would have to collect the tax itself. He also suggested that the use tax is very involved administratively. Mr. Elias felt that the tax should not be ignored just because it is difficult to administer. Mr. Lapin added that tax is collected on the re-sale of property in a non- incorporated form. Mr. Lamont added that a use tax is a declining source of revenue as growth slows down. Mayor Dobson agreed to have Mr. Minger and Mr. Bernstein prepare a report on the matter. Mr. Weibel questioned several items on the voucher list for July. Councilman Steinberg noted that, in regard to the meal charges, they actually represent working time of the staff and hence, the cost is relatively inexpensive. Councilman Donovan noted that some of the expenses noted by Mr. Weibel are reimbursable . to the Town. Mayor Dobson noted that if Mr. Weibel cared to look at the records in the Finance Department, he could do so. He did agree, however, that possibly the information on the lists was too -3- brier. Mr. Weibel complained that his street has not been washed, while the parking lots of the Councilmen have been. Councilman White noted that it is town policy to wash commercial parking lots once after the snow melts. Mr. Weibel suggested that not all lots were washed. After some discussion, it was agreed that in the. future closer supervision of this policy will be affected. Councilman Donovan noted that the flusher truck is currently Is not operable. Councilman Staufer inquired if the trailer. court above Sandstone is subject to uni latera l annexation. . Mr. Crud Ley Abbott suggested that there is a piece of property that lies between Sandstone and the trailer court that would be the key to the annexation. Mr. Rose noted that the matter will be investigated. As there was no further business, Councilman Donovan moved that the Town Council adjourn at 9:40 p. m.; Councilman Lang maid seconded; approval was unani mous. The Local Liquor Licensing Authority was, convened at 9:40 p.m. The Rotary Club had made application for a special events permit for August 25 and 26. Mr. Wall reported that he foresaw no problems with the event. Councilman Bailey moved that the special events permit application be approved; Council- man White seconded; approval was unanimous. As there was no further business, Councilman Bailey moved that the Local Liquor Licensing Authority adjourn at 9:45 p. m.; Councilman White seconded; approval was unanimous. Town Clerk • • -4- MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L SEPTEMBER 4, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7.45 p. m. , September 4, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Stan Bernstein, Finance Director Ordinance No. 14, a proposed landscaping ordinance, was introduced for second reading. Jen Wright suggested that it is not always practical to construct walkways of native materials. Mr. Minger suggested that this be changed to require natural materials where feasible. In regard to the exception of Town of Vail projects from the provisions,. he suggested this be changed to exclude only "minors" Town projects. Mr. McLaughlin sug- gested that the definition of "new structure" has been omitted from the ordinance; Ms. Toughill noted that this is an oversight. This definition would be inserted, consistent with the definitions of the new zoning ordinance. The matter was postponed until later in the meeting. Ordinance No. 16, AN ORDINANCE AUTHORIZING MUNICIPAL BORROWING OF MONEY IN AN AMOUNT NOT TO EXCEED $75,000.00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCA L YEAR 1973; AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE SHORT TERM NOTES TO EVIDENCE SUCH INDEBTEDNESS FOR MUNICIPAL PURPOSES; PROVIDING FOR IRREPEA LABILITY AND THE LEVYING OF A TAX, IF NECESSARY, TO ASSURE THE REPAYMENT OF THE BORROWING HEREIN AUTHORIZED; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman Bailey. The title was read in full and the audience advised that copies were available. Mr. Minger explained that the borrowing is necessitated by the cash flow problems the Town experi- ences at this time of year. He also noted that the entire amount authorized will probably not be needed. Councilman Bailey moved that Ordinance No. 15 be approved; Councilman White seconded, Councilmen Bailey, Donovan, Langmaid, Steinberg, White and Dobson voted in favor; there were no votes, against; the motion carried and the Town Clerk was instructed to publish the ordinance for public hearing at the next regular meeting. Ordinance No. 16, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURES OF FUNDS BY THE TOWN OF VAI L IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman White. The Title was read in full and the audience advised that copies were available. Mr. Bernstein explained that the monies being appropriated included $40,000 from the recreational fee fund for the bicycle and pedestrian paths and monies from the federal revenue sharing fund. Mr. McLaughlin inquired if the latter were matching funds; Mr. Minger replied that they were not. Mr. Elias inquired why the expenditures were in excess of the budget; Mr. Minger replied that the Town was not aware at the time of the budget preparation that they were going to receive the funds. Mr. Elias noted that the paths have already been built. The bills have not been paid. A member of the audience inquired how the paths could be built if the Town did not have the money at the time. Council- man Donovan replied that the Town did have the money; the ordinance just authorizes its expenditure. Mr. Minger added that it was an expenditure in anticipation of revenues. As there was no further discussion, Councilman White moved that Ordinance No. 16 be approved on first reading; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk vas instructed to publish the ordinance for hearing at the regu Lar meeting. The next matter on the agenda was, the proposed. schedule of fees to be charged under the new zoning ordinance. here were mahy expressions from the floor that the fees were not high enough, especially for the larger projects. Mr. Minger emphasized that these are only design review fees. He noted that the cost of a project is independently calculated by the building inspector on the basis of a sliding state. A member of the audience asked if the fees might be too high for minor variances. Mr. Minger noted that the administrative cost does not vary in terms of the size of the variance requested. Councilman Steinberg moved that a resolution be adopted incorporating the fees as presented; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Steinberg., White and Dobson voted in favor; there were no votes against; the motion carried Mr. Rob Garton explained that the cemetery on their property in Vail Inter- mountain was originally used by the Ruder family, but several people from outside the family have since been buried there. They would like to give this cemetery to the Town, although this plot would not be adequate for the needs of the Town. Councilman Steinberg noted that the Town is already in the Minturn cemetery district, which might prevent the formation of another district. Mr. Robinson noted that there are alternative means of organizing a cemetery; the more important question is to decide the location and size of the proposed cemetery. Mr. Garton noted that there is some land to the west of this plot that they are attempting to trade to the BLM. This land might then be available through the BUM. Mayor Dobson noted that the staff wilt be asked to pursue the question. Returning to the question of the second reading of Ordinance No. 14, Mr. McLaughlin noted several additional objections. The genera l point was that he found it totally unenforceable. After some further discussion, Mayor Dobson noted that the matter would be tabled pending revisions. Mr. Bernstein explained more fully the items on the July voucher list which had been questioned at the last regular meeting. Mr. Weibel responded that he felt the lodging expenses relating to John Lindsay's visit were excessive. Mayor Dobson disagreed, noting that, in his opinion, the visit was very productive. Councilman Donovan suggested that, in the future, the voucher lists be formally approved. Councilman Langmaid suggested that this was not necessary as the money has already been approved in the budget. Mayor Dobson noted that, in the future, the Council wilt go over the voucher lists in advance of the meeting. Councilman Donovan added that if there are any questions, Mr. Bernstein can be contacted. The minutes of the meetings of June 25, June 26, June 27, August 7 and August 15 had been previously submitted to the Council. Councilman Steinberg moved they be approved; Councilman White seconded; approval was unanimous. Mayor Dobson noted that the request for a variance from Ernst L.arese had been withdrawn. It was noted that a fact sheet is available on the provisions of the MaII Act. In regard to parking for the winter, Mr. Minger noted that last winter there were 75 reserved spaces sold for $90.00 a space. There were also 25 short-term spaces. This year the policy in regard to short-term spaces will be made more clear to the public. Mr. Minger further noted that the physical lay--out of the lot lends itself to 100 spaces of a special character. Mr. Elias inquired if the bus terminal was to be moved; Mayor Dobson suggested that it was necessary to -2- further discuss this issue with the VRA. General agreement was reached that the number of spaces reserved and the charge should be the same as last year, with some over-selling of spaces. In regard to the request for information on the use tax, Mr. Minger reported that a comparison had been made of the potential revenues generated by a sales tax and a use tax. The comparison resulted in the conclusion that the use tax could not serve as a substitute for the sales tax. The burden of a use tax would fall more heavily on the local resident, also. Mr. Elias noted that he had proposed the use tax in addition to the sales tax. Mr. Minger replied that if the Council and people wanted to collect such a tax, it could be done. Mr. Frank suggested that it is possible to tax to too great an extent. After some further discussion, Mr. Elias formally retracted his suggestion. In regard to the arts and crafts A-Frame, Mr. Minger reported that Vail Associates has agreed to make the building available for use for a minimum period of three years. In addition, the Town is negotiating to obtain Site 24 at some time in the future. In order:to use the building this winter, an expendi- ture of $15,000 for insulation, heat, etc. is necessary. Mr. Bernstein noted that the funds would come from the existing additional cent sales tax. After some discussion, Councilman White moved that $75,000 be allocated to improve the A-frame; Councilman Donovan seconded; approval was unanimous. Mr. Minger reported that a fact sheet on the bond issue will be prepared and available on Friday. Mayor Dobson noted that the counter-suit filed by the Antholz group has been dropped. A commission has been appointed to hear the condemnation proceedings on December 10. An additional report given by Mr. Minger was that the Town may sponsor a day care center above the: Clinic after the elementary school moves. Directors have been e [ected from the [Bighorn Homeowners Association; some of these directors favor annexation. The Town is preparing petitions For this annexation. There was general Council agreement that the staff should proceed with the work for this annexa- tion. Councilman Steinberg inquired if this annexation could be completed in time for the residents of the area to vote in the next Council election; Mr. Minger did not think this could be done. Councilman Steinberg noted .that the horse-drawn wagon operators are not fulfilling their obligation to clean-up the droppings. Mr. Minger noted that they will be reminded of their obligation. There was a suggestion from the audience that the dog ordinance be more strictly enforced; Mayor Dobson agreed that the staff would be instructed to do so. Mr. Frank inquired if there were plans to tight the bike path; Mr. Minger replied that there are plans to light the bridges, but that no decision has been made to go beyond that. Mr. Weibel inquired if these paths would be plowed; Mr. Minger replied that portions of them would be. A member of the audience suggested that enforcement of the requirement for lights on bicycles be increased; Mr. Wall noted that this could be done. Mr. Minger reported that Mr. Wall had been appointed to the State Criminal Justice Council. As there was no further business, Councilman Donovan moved that the meeting adjourn at 10;00 p. m.; Councilman Bailey seconded; approval was unanimous. Town Clerk MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L SEPTEMBER 18, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:45 p.m., September 18, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the Following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Gerry White Also present were: Terry Minger, Town Manager Stan Bernstein, Finance Director Larry Robinson, Town Attorney Mr. Jim Peterson of the Northwest Colorado Council of Governments was introduced. He explained that a meeting will be held on September 19 in Eag le to se lest a municipal representative to this Counci t for Eag le County. This Council acts as a clearing house, for federal funds. He asked that the Town designate a representative to attend the meeting in Eagle. Council- man Langmaid volunteered to act as the representative, Ordinance No. 15, AN ORDINANCE AUTHORIZING-MUNICIPAL BORROWING OF MONEY IN AN AMOUNT NOT TO EXCEED $75,000._00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCAL YEAR 1973; AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE SHORT TERM NOTES TO EVIDENCE SUCH INDEBTEDNESS FOR MUNICIPAL PURPOSES; PROVIDING FOR IRREPEALABI LITY AND THE LEVYING OFA TAX, IF NECESSARY, TO ASSURE THE REPAYMENT OF THE BORROWING HEREIN AUTHORIZED; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. Mr. Robinson noted that no changes had been made in the ordinance since the first reading. Councilman Bailey moved that Ordinance No. 15 be adopted; Councilman White seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 16, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURES OF FUNDS BY THE TOWN OF VAI L. IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. Mr. Robinson noted that no changes had been made in the ordinance since first reading. Councilman Donovan moved that Ordinance No. 16 be adopted; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Next to be considered was the appointment of two members to the Design Review Board. Mr. Weibel reported that the Planning Commission, 3 members of which are to be members of this Board, had decided to fill these positions on a 3--month rotating basis. The Planning Commission had decided on this method as the position could be very ti 'e-consuming. Mayor Dobson noted that the Council might want to discuss this arrangement with the Planning Commission. The list of applicants was read. An informal vote was taken and Mr. Lou Parker and Mr. Bill Ruoff were elected to the Design Review Board. The minutes of the meetings of Ju ly 16 and August 21 had been previous ly sub- mitted to the Council. Councilman Donovah moved that these minutes be approved; Councilman White seconded; approval was unanimous. Mayor Dobson announced that a settlement had been reached for the purchase of the Antholz property. A statement regarding this settlement was read in full. Mr. Knox inquired if there was a possibility of litigation following a direct sale. Mayor Dobson suggested that the possibility of litigation is always present. Mr. Robinson added that the parties are agreeing to settle the litigation as well as purchase the property. Once this is done, there should be no reason for litigation between the parties to the agreement. The } Mayor noted that it was the intent that the statement be technically true. Mr. Abbott suggested that additional Council action was needed prior to the election; Mayor Dobson indicated the Council willingness to do whatever seemed necessary. A member of the audience, referring to a fact sheet previously mailed to the citizens, asked if the parking structure rates were set at the minimum level necessary to operate the structure. Mr. Bernstein noted that the tentative rates would cover the operating expenses and 50% of the debt service, Councilman Langmaid noted that they could be lover but, in that case, the structure could run in the red. Mr. Bernstein added that if people refused to park in the structure because of the cost, the charges would undoubtedly be lovse red. A member of the audience inquired how many parking spaces are now available in the main lot. Mr. Bernstein replied that there are currently 450; the structure will increase. this number to 1000 with the potential for expansion to 1500. Approximately two-thirds of the lot will be decked under the current plan. Mr. Weibel inquired what would happen if the Forest Service required free parking. Mayor Dobson did not think this would eliminate fees in the structure; rather, it was his opinion that Vail Associates has recognized the necessity of providing parking spaces elsewhere. Mr. Otto was of the opinion that the Forest Service requirement would be only to have spaces available. In regard to the transportation terminal portion of the structure, Mayor Dobson reported that a different and cheaper design concept had been developed. It was the intent to have several design concepts to present to the public for their selection of the final design. A msember of the audience was of the opinion that the construction costs are high because much of the landscaping costs are absorbed into the construction costs. Mayor Dobson agreed that it is more expensive to build a heav ly- landscaped building. A member of the audience inquired about a pcssible convention center in the structure. Mayor Dobson replied that such a facility was not included in these plans. It was his personal, opinion that such a complex would be better located on the Antholz property. However, it rests with the citizens to establish the priorities and the best location, Mr. Minger noted that no agreement has yet been reached on the Cornice property. The Town will have an appraiser consider the property. The owners have submitted estimates of what they consider the .property to be worth; however, these are not public information at this time, at the owner's. request. A member of the audience suggested that the structure would be inadequate before it is Finished. It was his suggestion that money be invested in outlying lots, which could furnish four times the amount of parking. Councilman Donovan suggested that the core area and the lift facilities located there can only handle a limited number of people; hence, care must be taken not to overbuild parking. Councilman Donovan further noted that it has been agreed with Vail Associates that 350 to 400 spaces will be available in the structure for the day skier. Mr. Bernstein added that the parking is being designed to coincide with the Vail Associates' projections of the Design Skier Day. It is adequate for all projections up to 1977-78 ski season, without making use of the expansion capability. Councilman Staufer suggested that, in regard to the suggestion for outlying lots, the cost of transporting skiers from these lots into Town would be expensive. The person in the audience agreed with this; he maintained in light of this that the structure was too small and should be larger, trregardless of cost. Councilman Donovan disagreed on the basis that it is not desirable to overload the old core area. Councilman White added that several different means have been used to calculate the number of automobiles necessary to keep this core viable and that all have produced figures in the neighborhood of 1000 cars. These calculations are available in the Town office and the -2- member of the audience was encouraged to study them. The discussion ended with the reminder that as many meetings to discuss the issues will be scheduled as are needed. Ordinance No. 17, AN ORDINANCE RATIFYING AND APPROVING A SETTLEMENT IN CIVIL ACTION NO. 1958 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE, STATE OF COLORADO, RELATING TO THE CONDEMNATION AND ACQUISITION OF CERTAIN REAL ESTATE WITHIN THE TOWN OF VAI L; AUTHORIZING THE EXPENDITURE OF FUNDS UPON CERTAIN CONDITIONS AND THE DISBURSEMENT OF SAID FUNDS IN EXCHANGE FOR A CONVEYANCE OF REAL ESTATE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman: Langma.id. The title.was read in full by Mr. Minger and the Mayor advised the audience that copies were available. The Council was polled as to whether they had read and understood the ordinance; each indicated that he had : C ounci l nnan Lang maid moved that Ordinance No. 17 be approved on first reading and published for public hearing at the next regular Council meeting; Councilman Staufer seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance. There was some discussion of the difficulties of keeping cars out of the core Late at night. A permit system was suggested for residents of the area; the Mayor indicated that work would be done in this regard. Mr. Weibel inquired if the pedestrian area would be expanded to the roadway by the Kiandra this winter. Mayor Dobson indicated that the residents of the area would like to try the system. Mr. Minger, added that total agreement has not been reached. Returning to the problem in the current pedestrian area, Mr. Wall noted that ticketing is not the answer as issuing the ticket does not remove the car. If the cars are towed, there is no safe place to put them. As there was no further business, Councilman Donovan moved that the Town Council adjourn at 9:30 p.m.; Councilman Bailey seconded; approval was unanimous. The Local Liquor Licensing Authority was convened at 9:30 p. m. to consider an application of Riley-Vail corporation for an expansion of the premises. Mr. Riley explained that they would Like to expand into the area previously occupied by Vali--Hi bookstore. The outside entrance would be enclosed, thereby making the proposed area a self-contained entity. He indicated that they will meet the health regulations. There would be 65 to 70 additional seats. Mr,. RiLey indicated that he is willing to sign an agreement to provide parking. Mr. Robinson noted .that the enclosure of the stairwell would not result in an increase of F.A.R. He also suggested that, while it is: an important question to be resolved, the parking is not necessarily germane to the question of a liquor license. Councilman Staufer noted that he did not approve of the idea of using spaces in a parking structure to allow for urban renewal. There was some further discussion of the question of parking. Councilman Donovan moved that the request for an expansion from RiLey-Vail corporation be approved; Councilman Bailey seconded.; approval was unanimous. As there was no further business, Councilman White moved that the Local Liquor Licensing Authority be adjourned at 10:00 p.m.; Councilman Bailey seconded; approval was unanimous. Town C leek 'W__ -s- MINUTES REGULAR MEETING. TOWN COUNCIL OF THE TOWN OF VAIL OCTOBER 2, 1973 A regu tar meeting of the Town Counci I of the T own of Vai L was convened at 7:45 p.m. , October 2, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: Joseph Langmaid Josef Staufer Gerry White Also present were; Terry Minger, Town Manager Larry Robinson, Town Attorney, Bob Backus, Bond Attorney Councilman White introduced and Councilman Staufer moved the approval on first reading of Ordinance No. 19, AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE TOWN OF VAIL, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF $3,000,000 FOR THE PURPOSE OF PAYING, IN WHOLE OR IN PART, THE COST OF ACQUIRING APPROXIMATELY 39 ACRES OF REAL ESTATE, THE COST OF ACQUIRING NECESSARY EASEMENTS AND WATER AND SEWER LINES TO AND FROM SAID REAL ESTATE, AND THE COST OF LANDSCAPING THE SAME; PRESCRIBING THE FORM OF SAID BONDS; AND PROVIDING FOR THE LEVY OF TAXES AND FOR THE APPLICATION OF SALES TAX REVENUES OF THE TOWN OF VAIL TO PAY SAID BONDS AND THE INTEREST THEREON, which was read in full by Mr. Backus. Councilman Langmaid seconded the motion, and the question being upon the approval on first reading of said Ordinance, the roll was called and Councilmen Langmaid, Staufer, White and Dobson voted in favor, there were no votes against. Four members of the Council present having voted in favor of the approval on first reading of the Ordinance, the presiding officer thereupon declared the Ordinance duly approved on first reading and directed that the Ordinance be published once in full in the Vail Trail, a legal newspaper of general circulation within the Town of Vail, on October 5, 1973, and that a hearing on the ordinance be held at the next regular meeting. Ordinance No. 17, AN ORDINANCE RATIFYING AND APPROVING A SETTLE- MENT IN CIVIL ACTION. NO. 1958 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF EAG LE, STATE OF CO LORADO, RE LATING TO THE CONDEM- NATION AND ACQUISITION OF CERTAIN REAL ESTATE WITHIN THE TOWN OF VAIL; AUTHORIZING THE EXPENDITURE OF FUNDS UPON CERTAIN CONDITIONS AND THE DISBURSEMENT OF SAID FUNDS IN EXCHANGE FOR A CONVEYANCE OF REAL ESTATE; AND. SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced For second reading. The title was read in Full by the Mayor and the audience advised that copies of the ordinance were available., Mr. Robinson noted that no changes had been made in the ordinance following the first reading. Councilman Stauffer moved that Ordinance No!. 17 be adopted, Councilman White seconded; Councilmen Lang maid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the ordi nance was adopted. Ordinance No. 18, AN ORDINANCE PROHIBITING CERTAIN ACTS, INCLUDING DISTURBING THE PEACE, UNLAWFUL ASSEMBLY AND RIOTING; PROVID- ING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman White. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Robinson noted that this ordinance was prepared at the request of Chief Wall and that a similar provision had been inadvertently omitted when the codification of ordinances was prepared. Mr. Wall explained that, although such offenses are covered by state laws, the Town would rather handle such problems in the local court. This is not possible without a local ordinance. Councilman White moved that Ordinance No. 18 be approved on first reading and published for public hearing at the next regular meeting; Councilman Langmaid seconded; Councilmen Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance for public hearing. Ordinance No. 20 A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE TOWN OF VAIL IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman White. The title was read in full and the audience advised that copies were available. Mr. Minger explained that this ordinance appropriates the $15,000 authorized at the last meeting for improvements on the A-frame. The Mayor noted that sketches of the proposed improvements and additions are available for public inspection. The building will be administered by the town and used by the public for cultural activities. Ms. Boyd inquired if the number of cars in the area would be increased by the expansion. Mr. Klinger replied that it is not the town's intention to provide a great deal of parking in the area. Councilman White moved that Ordinance No. 20 be approved on first reading and published for public hearing at the next regular meeting; Councilman Langmaid seconded; Councilmen Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance for public hearing. Mr. Robinson noted that a draft agreement with Vail Associates regarding the deeding of the main parking lot had been prepared. Mr. Otto noted that he had thought the uses would be Limited to parking. Mr. Minger suggested that it was the desire of the town not to be limited in regard to unforeseen uses. Mr. Otto agreed this was acceptable. [At this juncture, Mr. Robinson left the meeting. I Councilman Staufer stated that the provision for Forest Service approval of rates wz4s bothersome to him; he was most concerned that they would decide that no charges could be made. Mr. Minger noted that there is on File a letter from the Forest Service indicating that they find charging for parking proper. Councilman Langmaid added that it would be difficult to prove that "free" is necessarily reasonable. Mayor Dobson sug- gested that it was stilL a good idea to obtain a firm commitment from the Forest Service. The matter was tabled pending further discussions. Next to be discussed were the parking requirements for changes of use within the core area. The Mayor explained that, obviously, the Council does not want parking to be provided in the pedestrian core; yet, there is a requirement for the provision of parking prior to a change of use. In the case of the Riley-- Vail corporation request, there is no increase in the bulk of the building; however, the new use has a greater parking requirement. Mr. McLaughlin noted that there are two comparable situations that they hoped would be decided at this meeting, the Gondola Ski Shop and the ,Mountain Haus Health Center. Councilman White noted that he was not in favor of doing away with the parking requirement as it is the only control the Council has on urban development in the core area. He was against selling spaces in the parking structure and suggested that variances could be given in cases where the outside dimensions of the building did not change. In further discussion, it was brought out that neither project being discussed had formally filed for a variance. Councilman Staufer agreed that a parking variance should be granted except in cases where the exterior dimensions or appearance of a building would be changed. Mayor Dobson suggested that it would be acceptable if the Design Review Board con- sidered and approved any exterior decorative changes. Discussion turned to the technicalities of filing for a variance. The earliest date that these could be heard at a regular meeting would be November 6. It was proposed that perhaps a special meeting be called following the required publication of notice. A member of the audience objected to the change of residences to commercial uses. There was some argument that, in fact, no greater number of cars to be housed are generated by commercial uses. Mayor Dobson noted that the possibility of action under the Mall Act and the definition of the rights to the streets are also connected with this problem. Page 2 •' Mr. Minger reported that a solution has been found to the day care center problem, at least for the coming winter,. The area above the hospital in the west portion of the clinic will be available for one year, after the school moves to its new facilities. Mr. Bernstein noted that the remodeling neces- sary to utilize the building would cost the Town $1,000 and Vail Associates $1,000. The construction would include partitions and restrooms. There would be two separate areas; one for tourists and one for local children. Mr. Gagne added that the Vail Associates' program would be available to locals; however, it would not be a structured program. It is anticipated that the Vail Associates' program would again accommodate 30 children. The other half of the space would be shared by the pre-schools of Ms. Brenden and Ms. Lemon. Mr. Minger noted that the individual people will be respon- sible for their portions; the Town will provide the adequate and proper space. Some of the people present were of the opinion that the Town should actually operate the school. Mr. Minger stated that the Town could do this, if the Council so desired. There was some discussion of whether the two pre- schools should be encouraged to operate jointly. A suggestion was to separate the 2500 square feet available to the Town into two rooms. The cost in this case would increase to $4,000 or $5,000 for the Town. Mr. Minger suggested that this was not wise as the room could on ly be used for 1 year. Mr. K lug suggested that Vail Associates should add more restrooms to their portion in order to increase the capacity of their facility. Mr. Bernstein noted that the rent for the Town's portion of the space will be $100 per month from each school; the schools are responsible for their own utilities.. Mr. Klug suggested that it was not the correct approach to only rent the space. He suggested that the Town oversee the operation. Mr. Minger noted that this could be done, although he preferred that the Town not become involved in day-care at this time. The Mayor suggested that a committee of local parents appointed by the staff serve as an advisory committee. He asked each member of the Council if he approved of renting 2500 square feet to Ms. Lemon and Ms. Brenden for $200 per month from November ' 1.,5 to Apri l 15 For use as a day- care center for local children. Councilmen White, Langmaid and Staufer each indicated his approval. Ms. Bosshart and Ms. King were present to discuss their proposed sleigh operation. The sleighs they would use would seat four people and be drawn by one horse. The horses would be housed west of Vail. They would take reservations for rides and also operate in a taxi-cab Fashion. Chief Wall noted that a license would be needed only if the sleighs were used in CCI and CCII. Mr. Minger noted, that, in any event, the Council should regulate the safety aspects of the operation. Ms. King noted that they will cleanup any mess themselves. They intend to operate around the core area and also on the cart paths on the golf course. They also have two carriages to be used when there is no snow on the roads. The charge would be $4.00 to $4.50 per half hour. For short rides, there might be a base rate which has not yet been determined. In regard to lighting, Ms. King indicated that they are willing to do whatever is required. They both have experience in driving sleighs and will obtain insurance. Mayor Dobson asked if, assuming that access is limited to certain streets and that safety requirements are met, the Council would be in favor of the operation. Councilmen White, Lang maid and Staufer each indicated that he would be in favor. Mr. Minger indicated that an agree- ment would be prepared regarding the matter. Mr. Rose indicated that the proposed zoning. for the Bighorn area is at such a stage that it should be presented to the Council and the public. A. public meeting was set for a week from Thursday. A study session will be held prior to that meeting. Mrs. K lug stated that many of the projects in Lionshead do not have construction fences. Mr. Rose noted that 'the bui dding inspector will look into that. Mrs. Klug inquired about the desirability of the Eagle County Planning Commission adopting the zoning 'ordinance and master plan at their next meet- ing. Mr. Minger noted that the Town has already endorsed the master plan. Mr. Rose noted that the zoning ordinance is more a land-use plan which is needed immediately. Councilman White moved that a resolution be adopted supporting the passage of the Master Plan and zoning ordinance; Councilman page 3 Langmaid seconded; approval was unanimous. Councilman White noted that the Council should have a meeting with the Eagle County School Board to discuss an elementary school on the Antholz property. Mayor Dobson indicated that this would be scheduled. As there was no further business, Councilman White moved that the ar eeting adjourn at 10:30 p.m.; Councilman Langmaid seconded; approval was unanimous. Town Clerk • • Page 4 MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L OCTOBER 16, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p. m. , October 16, 1973, in the Counci I Room of the Vai l Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey Joseph Langmaid John Donovan Josef Staufer Also present was Larry Robinson, Town Attorney The meeting was first convened with the Council acting as the Local Liquor Licensing Authority. An application for a 3.2% Malt Beverage License had been received From Daniel E. O'Brien. The Mayor inquired if anyone was present to make a presentation on behalf of the application; neither the applicant nor a representative was present. The Mayor then stated that- without the applicant present to support his application, no public hearing could be held. The matter was continued until the next regular meeting. The Local Liquor Licensing Authority adjourned at 7:45 p.m. The Town Council was convened at 7:45 p. m. Ordinance No. 18, AN ORDINANCE PROHIBITING CERTAIN ACTS, INCLUDING DISTURBING THE PEACE, UNLAWFUL ASSEMBLY AND RIOTING; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. Mr. Robinson noted that there had been no amendments or revisions since the first reading. Councilman Staufer moved that Ordinance No. 18 be adopted; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. The Mayor informed the Council and the members of the public present that Ordinance No. 19 (Series of 1973) relating to the issuance of General Obliga- tion Bonds, Series November 1, 1973, in the principal amount of $3,000,000, which was introduced, read in full for the first time and ordered published at a regular meeting of the Town Council held on October 2, 1973, was inadver- tently published in The Vail Trail on October 5, 1973, with mistakes in the Ordinance as published, requiring that the Ordinance be republished in full in said newspaper on either October 19 or 26, 1973. The Mayor a leo informed Council and the members of the public present that it would be necessary to set over the date of the public hearing on the proposed Ordinance from this evening to the next regular meeting of the Town Council, November 6, 1973. Thereupon, Councilman Bailey introduced a motion providing for and moved that Ordinance No. 19 (Series of 1973), as approved on first reading by the Town Council on October 23 1973, be published once in full in The Vail Trail, a legal newspaper of general circulation within the Town of Vail, on either October 19 or 26, 1973, and in addition that a public hearing on proposed Ordinance No. 19 (Series of 1973) and the date thereof shall be set over from this evening and shall be held by the Town Council at 7:30 p. m. on Tuesday, November 6, 1973, at the Town of Vail Municipal Building, Vail, Colorado. Councilman Langmaid seconded said motion, and the question being upon the adoption of said motion, the roll was called with the following results: Council- men Dobson, Bailey, Donovan, Langmaid and Staufer voted yes; there were no votes against. Five members of the Council present having voted in favor of the adoption of said motion, the presiding officer thereupon declared the motion duly adopted and directed that Ordinance No. 19 (Series of 1973) be published once in full in The Vail Trail, a legal newspaper of general circula- tion within the Town of Vail, on either October 19 or 26, 1973. Ordinance No. 20, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE TOWN OF VAIL IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. Mr. Robinson noted that there had been no changes in the ordinance since first :reading. Councilman Donovan moved that Ordinance No. 20 be adopted; Councilman Bailey seconded; Councilmen. Bailey, Donovan, Langmaid, Staufer and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. A list of proposed judges and clerks for the election on November 20, 1973, had been submitted to the Council. The names were read by Mr. Robinson. Councilman Donovan moved that the list of judges and clerks and alternates for the November 20 election be approved; Councilman Staufer seconded; approval was unanimous. The minutes of the meetings of September 4 and September 18, 1973, had been previously submitted to the Council. Councilman Donovan moved they be approved; Councilman Bailey seconded; approval was unanimous. Mayor Dobson acknowledged receipt of petitions regarding the Cable TV service. He noted that the Council will address itself to that problem in the near future. A request for a conditional use permit for a coin-operated laundry in the Vail 21 Building had been received from Levis Pennock. Mr. Robinson noted that both the Planning Commission and the Building Department had indicated their approval of the project. Councilman Staufer moved that a conditional use permit be issued for the coin-operated laundry; Councilman Donovan seconded approval was unanimous. Mayor Dobson entered into the record a letter from H. F. Kepner stating that he would not be in favor of any variance in z.oning,in the general area of the Vail Village 2nd Filing. Councilman Donovan moved.,that the salaries for the Mayor and Councilmen be increased for the upcoming term to at least $100 per month for the Council- men and $200 per month for the Mayor. There was some discussion of the procedure by which this could be accomplished. Mr. Robinson was of the opinion that an ordinance would be needed. Mr. Elias and Mr. Weibel agreed. that such an increase is justified. Mr. Weibel suggested that the increase should be even greater. Mr. J. Peterson suggested that it is important to remember that it would not be desirable to have people running for the posi- tions in order to receive the salary. Mr. L. Parker inquired abort expense accounts for the Mayor and Councilmen. The Mayor noted that if any of them, incurs a direct expense, it can be reimbursed. Mr. Bernstein noted. that no Councilman has submitted a claim for reimbursement for several years. There was general agreement that expense accounts were not needed. Councilman Donovan amended his motion to increase the salary to $150 for the Councilmen and $400 for the Mayor. Mr. Weibel suggested that this was a good thing as it might enable people who could not otherwise afford it to hold these offices. Mr. Bernstein disagreed that $400 per month was appropriate for the Mayor. He suggested that a salary of $5,000 a year makes the Mayor too much of a profes- sional. Councilman Donovan amended his motion to $350 per month for the Mayor; Councilman Bailey seconded. Mr. Bernstein. noted another objection, which is that a substantial salary for the Mayor breaks down the Council- Manager, form of government. Councilman Staufer agreed with the motion for $150 for Council and $350 for Mayor. There being general agreement, a recess was called at 8:45 p.m. while the ordinance was being prepared. The meeting reconvened at 9:15 p.m. Ordinance No. 21, AN ORDINANCE ESTABLISHING AND PROVIDING FOR THE COMPENSATION FOR. THE TOWN COUNCIL FOR THE TOWN OF VAT LAND THE MAYOR FOR THE TOWN -2- • • 0 OF VAIL, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman Donovan. The title was read by the Mayor and the audience advised that copies were avail- able. Councilman Donovan moved that Ordinance No. 21 be approved on first reading and published for public hearing at the next regular meeting; Council-- man Langmaid seconded; Councilmen Bailey, Donovan, Langmaid, Staufer and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish same For public hearing. As there was no further business, Councilman Donovan moved the meeting adjourn at 9:25 p.m.; approval was unanimous. ??`--'" ? ' Town Clerk • a -3- • MINUTES REGULAR MEETING TOWN COUNCIL. OF THE TOWN OF VAIL NOVEMBER 6, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., November 6, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terrell J. Minger, Town Manager Larry Robinson, Town Attorney The Mayor opened the meeting with a statement of thanks to the Council members and the staff as this was the last meeting of the current administration. Discussion of the Cable TV situation began with an explanation of the situation by Mr. Robinson. As the franchisee is filing a complaint in the District Court in order to determine the status of the franchise, the matter will not be re- solved for a few months. During this time, the cable company has agreed to provide service. Mr. Elias asked that the major differences between the town and the company be outlined. He asked, for example, the status of public access TV. Mr. Lamont clarified that what was asked for in the negotiation document was a studio located in Town at some unspecified point in the future. Mayor Dobson added that they do not object to providing a channel for a closed--circuit local programming system; the company's questions related to who would bear the cost. Of greater importance, however, is the fact that the court judgment regarding the legality of termination of the franchise must be rendered before the exact status of any particular points can be finally determined. The Mayor emphasized that efforts will be made to solve what- ever problems exist while the matter is in court. Mrs. Gramshammer suggested that many people would rather be without television for a while if they could be guaranteed good service when television is available. Mr. Elias was critical of the fact that arrangements had not been made for another company to provide service if the present company refused to continue. He also suggested that it was unfair for the subscribers outside of the Town boundaries to have their service discontinued as a result of the actions of the Tovn officials. The Mayor noted that the cable company had indicated that they could not terminate service only within the Town limits. Mr. Elias inquired if arbitration would proceed with the present company. Mayor Dobson noted that it would. There was some further discussion of what actions could have been taken short of discontinuation of service. A member of the audience inquired if a community- antenna had been considered. Mayor Dobson replied that a translator operation was a possibility. However, in the long-run this would not be desirable as locally originated programming would not be possible. In response to the question of whether this would be less expensive, the Mayor noted that the Eagle translator is rather old and might require some capital investment in the future. There would also be an original capital investment required to begin the operation in Vail. This system would depend on voluntary con- tributions .for its support. Minutes Regular Meeting Town Council November 6, 1973 • • A member of the audience asked a representative of the cable company, Mr. Schoen, if his company was desirous of remaining in Vail. Mr. Schoen declined to comment, saying that a decision on the matter would be a time-consuming process. In response to a question, the Mayor noted that one point of contention had been whether bulk rates for lodges should be applied to some condominiums. A member of the audience noted that as he does not have a picture for a significant amount of the time, he thinks perhaps he should pay only a portion of his bill. Mr. Robinson noted that such a course could be attempted; however, such an approach ignores the causes of outages. He suggested that this approach was valid in cases of failure of the system for a week or more, Councilman White added that a committee would be formed to monitor picture quality, which should prove helpful in substantiating such claims. Mr. Riley asked if some of the difficulties were economic ones. Mr. Schoen replied that such problems are a major part of their difficulties. A member of the audience stated that this same company accepted a franchise in another city with a rate of $5.00 per month only last year.. After some further dis- cussion, Mr. Minger noted that the major points of negotiation were picture quality, undergrounding, the extension policy in the Town, rates, service response, and additional services. Many companies had indicated interest in the Town, but would not begin discussions while there was a Franchise in existence with another company. There was some discussion of the difficulties of continuing negotiations while at the same time fighting a court battle over whether termination is possible. Mayor Dobson suggested that it was essential to determine the questions of whether termination is possible, irregardiess of the outcome of the negotiations. A member of the audience inquired if FM radio was included in the negotiations. Mr. Schoen indicated that it had been a solid point of negotiation. Mr. Strauch suggested that each individual TV subscriber cease to do business with this company. At this point, discussion of Cable TV ended for the evening. Ordinance No. l9, AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE TOWN OF VAIL, COLORADO,.AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF $3,000,000 FOR THE PURPOSE OF PAYING, IN WHOLE OR IN PART, THE COST OF ACQUIRING APPROXIMATELY 39ACRES OF REALESTATE, THE COST OF ACQUIRING NECESSARY EASEMENTS AND WATER AND SEWER LINES TO AND FROM SAID REAL ESTATE, AND THE COST OF LANDSCAPING THE SAME; PRESCRIBING THE FORM OF SAID BONDS; AND PROVIDING' FOR THE LEVY OF TAXES AND FOR THE APPLICATION OF SALES T.AX,REVENUES OF THE TOWN OF VAIL TO PAY SAID BONDS AND THE INTEREST THEREON, was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies were available. The Board was polled as to whether they had read and understood the ordinance; each indicated that he had. Councilman Staufer moved that Ordinance No. i9 be adopted; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg,White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 21, AN ORDINANCE ESTABLISHING AND PROVIDING FOR THE COMPENSATICN FOR THE TOWN COUNCIL FOR THE TOWN OF VAI L AND THE MAYOR FOR THE TOWN OF VAIL, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies were available. The Council was polled as to whether they had read and under- stood the ordinance; each indicated that he had. Councilman Bailey moved that Ordinance No. 21 be adopted; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance adopted. Page 2 Minutes Regular Meeting Town Counci I November 6, 1973 Ordinance No. 221 A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURES OF FUNDS BY THE TOWN OF VAI L IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced For first reading by Councilman Langmaid. The title was read in fu l l by the Mayor and the audience advised that copies were available. Mr. Minger explained that such ordinances are needed when revenues have been received and expenses incurred that were not foreseen when the budget was adopted. Councilman Langmaid moved that Ordinance No. 22 be approved on first reading; Councilman Staufer seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance for public hearing at the next regular meeting. Ordinance No. 23, AN ORDINANCE AUTHORIZING MUNICIPAL BORROWING OF MONEY IN AN AMOUNT NOT TO EXCEED $115,000.00 TO APPLY TO THE PURCHASE OF REAL ESTATE IN ANTICIPATION OF THE SALE OF GENERAL OBLIGATION BONDS, AS AUTHORIZED BY THE QUALIFIED ELECTORS IN A SPECIAL MUNICIPAL ELECTION; AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE SHORT TERM NOTES TO EVIDENCE SUCH IN DEBTEDNESS FOR MUNICIPAL PURPOSES;PROVIDING FOR IRREPEA L- ABILITY AND THE LEVYING OF A TAX, IF NECESSARY, TO ASSURE THE REPAYMENT OF THE BORROWING HEREIN AUTHORIZED; DECLARING AN EMERGENCY AND PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AS AN EMERGENCY ORDINANCE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced by Councilman White. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Robinson explained that the borrowing authorized was in anticipation of the sale of the bonds for the Antholz property. These bonds would be sold on November 15. Councilman White moved that Ordinance No. 23 be adopted as an emergency. ordinance; Councilman Steinberg seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no vote I s against; the motion carried and the ordinance was adopted. The Town Clerk. was instructed to publish same. Ordinance No. 24, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURES OF FUNDS BY THE TOWN OF VAI L IN EXCESS OF THE TOWN BUDGET FOR 1973; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced by Councilman Staufer. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Minger explained that this ordinance appropriates 3.2 million dollars for the acquisition of the Antholz property. Councilman Staufer moved that Ordinance No. 24 be approved on first reading and published for public hearing at the next regular meeting; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish same for public hearing. Resolution No. 34, which authorized municipal borrowing of $3,000,000 from the First National Bank of Denver was introduced. Mr. Robinson explained that the amount was also to be applied to the purchase of the Antholz property in anticipation of the sale of the bonds. Councilman Donovan moved that Resolution No. 34 be adopted; Councilman Staufer seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried and the resolution was adopted. Page 3 Minutes Regular Meeting Town Council November 6, 1973 i 9 W r In regard to a parking variance requested by Lions Square Lodge, Mr. Klug asked that this matter be postponed. In regard to the forthcoming Counci l election, Mr. Robinson explained some of the, requirements for candidacy. He noted that there _ also might be one instance in which a difficulty would arise in regard to the conflict of interest provision in the Home Rule Charter. In response to a question from the audience, it was noted that the person with the possible conflict is Mr. Lapin. Mr. Lapin indicated that he thinks he has a way to handle. the possible conflict. The minutes of the meetings of October 2 and October 16, 1973, had been previous ly submitted to the Council. Councilman Staufer moved they be approved; Councilman Steinberg seconded; approval was unanimous. Councilman Staufer suggested that, in the future, the matter of compensation for members of appointed boards should be considered. As there was no further business, Councilman Donovan moved the Town Council adjourn at 9:35 p.m.; Councilman Staufer seconded; approval was unanimous. The Local Liquor Licensing Authority was convened at 9:35 p.m. Prior to the consideration of the application of Daniel E. O'Brien for a 3.2% Malt Beverage License, Mr. Staufer excused himself from the meeting. Mr. Robinson noted that the application had been originally published for hearing on October 16; at that time the hearing was continued until this meeting as a result of the absence of the applicant. The file supporting the application is in order. Mr. Robinson further noted that the burden of proof of the needs or the neighborhood is on the applicant and that people were present to oppose the application. The Town Clerk noted that no petitions had been received either for or against the application. Mr. O'Brien noted that he was proposing a 3.2 beer take-out license, to be used in conjunction with a convenience--type grocery operation. Mr. Ruder, Mr. O'Brien and Mr. Bux man were sworn in by the Town Attorney. Mr. O'Brien testified that his intent was to expand the type of operation he currently has in Breckenridge. He indicated he would open the grocery store with or without a liquor license. Mr. O'Brien was of the opinion that another 3.2% beer outlet would be needed as a result of the growth of Vail and the fact that there are only 2 other outlets. His store would be open from 7:00 a. m. to 11:00 p. m. , 7 days a week. They have completed all Town of Vail requirements except the sign requirements. Mr. Fred Butler, representing a member of the opposition, asked Mr. O'Brien if he would like to continue the hearing to a later time. Mr. O'Brien did not think this necessary. Mr. Butler then continued to cross-examine Mr. O'Brien as to the reasons he feels the outlet is needed. Mrs. O'Brien, who was sworn in, testified that Breckenridge and Vail could be compared in that they were both resort towns and they have been successful in their operation in Breckenridge. She also felt the hours at which they would be open contributed to establishing the need for the operation. Mr. Ruder testified that, as, owner of the Keg, it was his opinion that the needs of the neighborhood are being met at this time. As a rebuttal, Mr. O'Brien suggested that Mr. Ruder has a pecuniary interest in the denial of the license. Mrs. O'Brien stated that Mr. Ruder could not be serving the needs of the neighborhood as his establishment caters mainly to the 18 to 21 year old age group. Page 4 Minutes Regular Meeting Town Council November 6, 1973 Mr. Buxman testified that, as general manager of K & J Supermarkets, Inc., he felt the neighborhood was the Town of Vail and the Gore Valley. in that neighborhood there are currently four (4) 3.2% beer take--out licenses. The proposed license would be located within a block of his supermarket. He reported that they had not received any complaints that they did not serve the needs of the neighborhood. He presented some petitions he had circulated around the Crossroads area opposing the granting of the license. He considered it a random sample. The signers read the petition before signing. Jake Vigil helped in the circulating. There were over 50 signatures on this petition. Mr. Buxman testified that his store is open from 8:00 a. m. to 9:00 p.m. On holidays these hours are extended to 7:00 a. m. to l2 midnight. After some further discussion, Mr. Dobson noted that the Authority would render its decision in writing within 30 days and that the applicant would be notified by registered letter. Next to be considered by the Local Liquor Licensing Authority was an application from "Total Team Joint Venture" for a beer, wine and liquor license for the Hilton Inn at Vail. Mr. Robinson noted that the premises would include the entire hotel. The file was in order. No petitions had been received for or against the application. Mr, Harry Boner, of -the joint venture, stated that he would be the manager of the facility. He suggested that a liquor license was essential to the operation of a first-class hotel. At this point, Mr. Boner and Mr. Richard Elias were sworn in as witnesses. Mr. Donovan suggested that perhaps Mr. Boner would like to supplement his application with further evidence of the needs of the neighbor- hood. Mr. McLaughlin added that a denial of the license would be very significant. In that case, the venture could not reapply for two years. Mr. Robinson added, however, that the supplementation of the application was at the discretion of the applicant. After some further discussion, Mr. Elias suggested that it would be beneficial if the procedures of the Authority were, in general, streamlined. Further, he suggested that it had always been known that a liquor license would be applied for at that location. After some further discussion, Mr. Boner asked ',fora donttnuance of the hearing. The Authority continued the hearing to Wednesday, November 14, at 2:00 p. m. The Blue Cow, Donovan's Copper Bar, Gasthof Gramshammer, Inc., Lancelot, Inc. , Lord Gore Ltd . , Vail Village Inn, Inc., Bully III, Lionshead Liquor Store, the Wine and Liquor Shop and the Liquor Store at Vail had all made application for a renewal of their liquor license. Mr. Wall, the Police Chief, indicated that his department had received good cooperation from each of the license holders in policing against violations. As there was no further, dis- cussion, Mr. Steinberg moved that the licenses be approved for each of the above-listed applicants; Mr. Bailey seconded; Mr. Donovan and Mr. Staufer abstained; Mr. Bailey, Langmaid, Steinberg, White and Dobson voted in favor; the renewals were approved. As there was no further business, the Local Liquor Licensing Authority adjourned at 11:00 p.m. Linda Hall Town Clerk rj Page 5 MINUTES SPECIAL. MEETING LIQUOR LICENSING AUTHORITY FOR THE TOWN OF VAI L NOVEMBER 14, 1973 A special meeting of the Local Liquor Licensing Authority for the Town of Vail was convened at 2:15 pm, November 14, 1973, in the Council Room of the Vail Municipal Building. Chairman John Dobson and the following members were present: Joseph Langmaid Josef Staufer Gerry White Also present was Larry Robinson, Town Attorney. The application for a beer, wine and liquor license for Total Team Joint Venture was first considered. The public hearing had been continued from the meeting of November 6, 1973. Hence, some evidence had been previously taken. Mr. Stewart Brown and Mr. Fred Butler were present to represent the applicant. There was no one present :to object to the application. Mr. Harry Boner and Mr. John Brown were sworn in as witnesses. Mr. Boner testified as to his experience, the structure and purpose of the joint venture, his role in this venture and his familiarity with Vail. There was also some testimony as to the size of the hotel and its convention facilities. Mr. Boner testified that he and his partners had determined that such a facility, with a liquor license, was needed after conducting a market study. Mr. John Brown testified that he had lived in Vail for 3 and one-half years and had worked in various restaurants during. that time. Throughout this employment he had observed the inability of these facilities to serve the needs of the guests in Vail. He had also had difficulty, as an individual, in locating dining facilities in Vail at various times. Mr. John Brown had circulated petitions in favor of the application for four days. He felt the signers had been selected in a random manner. These petitions were sub- mitted as evidence. Mr. John Brown testified that he had no relationship with the applicant. Mr. Stewart Brown noted that the intended opening date of this facility is December 15 and urged that the Council act with haste. Mr. Dobson noted that the Council would render a decision, in writing, within 30 days and that a copy of this decision would be sent to the applicant at the address shown on the application. Mr. Robert French was present representing Toph's Downstairs II. Mr. Robinson explained that, due to an oversight, the liquor license for this establishment had remained in the name of another corporation. Hence, a new application has been filed. As the premise has been previously licensed, a complete hearing is not necessary. Letters' of recommendation and financial statements were submitted. Fingerprints have been given to Chief Wall. After some further discussion, Mr. White moved that a license be granted to Toph's Downstairs II, Inc.; Mr. Langmaid seconded; approval was unanimous. Mr. Staufer moved that the l-icerse- for Total Team Joint Venture be approved; Mr. White seconded; approval was unanimous. ?L Mr. Jay Peterson was present to discuss the matter of re-opening of the hearing on the application of Daniel E. O'Brien for a 3.2% beer license. Mr. Robinson noted that this might be possible as no decision has yet been made by the Authority. After some further discussion, Mr. Peterson noted that Mr. O'Brien would withdraw his application and re-submit it at a. later time. Liquor Licensing Authority November 14, 1973 Page 2 As there was no further business, the Local Liquor Licensing Authority adjourned at 3: 10 p. m. Town Clerk l rj MINUTES SPECIAL MEETING TOWN COUNCIL FOR THE TOWN OF VAT L NOVEMBER 21, 1973 A special meeting of the newly-elected members of the Town Council for the Town of Vail was convened at 7:40 P.M., November 21, 1973, in the Council Room of the Vail Municipal Building. The following councilmembers were present: John Dobson John Donovan Kathleen Ktug Joseph Langmaid Josef Staufer Thomas Steinberg Gerry White A [so present were: Terrell J. Minger, Town Manager Is Larry B. Robinson, Town Attorney The first order of business was the swearing in of the new Town Council by Mr. Robinson. Councilman Donovan moved that Mr. Dobson be appointed Mayor and Mr. White be. appointed Mayor Pro--Tem. Council- man Langmaid seconded; Councilmembers Steinberg, Staufer, Donovan, Langmaid and Klug voted in favor; there were no votes against; the motion carried and the appointments were approved. The Council then convened as the Local Liquor Licensing Authority and the following licenses were reviewed: Bridgewater Inn, Inc.; K & R Casino, Inc.; Clock Tower Inn; Cokan Enterprises, Inc.; Holiday Inn of Vat L, Hot Ly Vail, Inc.; La Pinata, Inc.; Left Bank Restaurant; Lodge at Vail; Manor Vail Condominium Association; Nelson-Fick, Inc.; Pistachio's; Purcell's; Red Lion Inn, Inc.; Riley Vat1 Corporation; St. Moritz Tavern LTD.; Vait Metropolitan Recreation District; Vail Valley Enterprises, Inc.; Gotden Peak Restaurant; Lionshead Terminal Restaurants; Harvest Table; High Country, Inc; and Toph's Downstairs. The Town Clerk verified that all Liquor License applications were in order. Mayor Dobson asked for questions or comments. A list of violations during 1973 was given to the councilmembers. Mr. Langmaid moved to approve all license renewals; Mr. Donovan seconded; Messrs. Dobson, White, Steinberg, Donovan, Staufer, Langmaid and Ms. Klug voted in favor; there were no votes against; the motion carried and the 1974 license renewals were approved. As there was no further business, the liquor licensing authority adjourned at 8:05 PM . The Mayor then expressed his sense of honor and appreciation for being re-appointed Mayor for the Town of Vail. He then introduced Mr. Eldon Beck to the audience. Mr. Minger explained that this meeting would be. a continuation of previous meetings on the subject of Bighorn annexation with the purpose of discussing environmental impact and restrictions in p.tanning for the area. Mr. Beck then explained the topographic maps and diagrams which are to be used in the formation of a land use plan. INSTAAR had supplied Mr. Beck's firm with avalanche data as a reference for planning buildable land areas. He commented November 21, 1973 Page 3 Some parts along the roadway are too steep for building. The next step for planners would be in this area. He suggested small group meetings in December to discuss this and to continue community dialogue and then proceed with a land use diagram. A member of the audience asked how close .to the covenants Beck would be likely to stay. Mr. Shapiro asked Mr. Robinson what the legal view would be if there were a conflict between the Town of Vail zoning regulations and the ECDC covenants. Mr. Robinson replied that restrictive covenants would be enforced by civil action. If zoning were more restrictive than the covenants, then the covenants could not override. Past violation of restrictive covenants would not allow license in the future. Undeveloped land outweighs developed land. Mr. Donovan noted that at some point in the near future a vote will have to be taken to determine annexation desirability. Mr. Welch, president of the Vail East Property Owners' Association, urged that the question of annexation be determined as soon as possible. He commented that the lack of turnout at this meeting was the' lack of interest of the property owners of the area. Messrs. Riley and Shapiro expressed the desirability of forming small interest groups. A discussion ensued concerning the best method of getting the small groups together. Mr. Welch commented that. continued dialogue between the Town and the developers would provide many answers to the questions now.,,.being asked. A member of the audience stated that the present covenants should be followed closely so that the home owners would be reasonably assured of having the land remain in its intended use. Jay Utter requested that those who do not agree with his use plan as a developer of the land make themselves known to him so that a dialogue might ensue. The key to the process is knowing the intentions of the de- velopers, with the crux of the issue revolving around density in certain areas. A member of the audience commented that since neither the developer nor the resident is a planner, they could not solve the problems alone since some areas in Bighorn are not even covered under the protective covenants. Ms. Carmody asked at what stage the meetings between the Town and the Bighorn developers were; Mayor Dobson noted that preliminary meetings had taken place and that Mr. Beck was consulted as a first step. He re- quested that Mr. Welch set up meetings with home owners and Mr. Riley set up meetings with developers. Mr. Beck asked for the Bighorn meetings to be set up in two weeks from this date over a two--day period. He would request better information from INSTAAR by that time in order to provide further accuracy in the , matter and the determination of logical land use planning on a.tentative basis. Mr. Welch expressed his concern over the quality of building development and materials used. Mr. Beck asked for documented intent of the developers in relation to the four major categories of land use. Whmen t i6, ecessary information is assembled, meetings can be set up. This information was requested by November 28, 1973. December 6, 7, 8 or 7 and 8 are tentative dates for these meetings. The Mayor announced that a public hearing would take place on Monday, November 26, for the purpose of presenting the 1974 Budget for the Town of Vail to the public. Since there was no further business, the meeting was adjourned at 9:30 PM. Respectfully submitted, ;#U.4-140- ;E ?. V salie Jeffrey Town Clerk November 21, 1973 Page 2 on the interdependence of the entire valley and expressed the opinion that Bighorn represents a unique living experience. Regarding the legal aspect of the development, he noted that questions would fall into four categories: (1) density; (2) the role of commercial development; (3) the retention of open space; (4) trail systems and transit systems. The 1-r7O will affect the area in sound as well as sight. With regard to the four categories, Mr. Beck made the following comments: (1) Low density would be more favorable than high density, with the answer to the density question falling between the two extremes. (2) A range of minor commercial businesses would be helpful to the community. There would be no economic feasibility for a highly commercial enterprise. Physical characteristics must be considered. (3) Mr.- Beck questioned the desirability of a broad range of recreational facilities and re-emphasized the fragile character of the area. The audience was then requested to comment on the subject. Mr. Ron Riley asked about the validity of the documentation in the INSTAAR study. Mr. Beek replied that he has only received notes on the final report, and must await further information. Mr. Riley then queried the relationship between theory and reality in this situation. Mr. Beck was of the opinion that we must rely on INSTAAR's ability to determine potential hazards. Mr. Minger commented that these findings are preliminary and the INSTAAR group would be available to explain their findings in detail. Hazard potential must be determined in relation to building in the area. Mr. Minger felt that the avalanche areas must be viewed to exist as a potential hazard and then evaluated with other characteristics of the area. Mr. Abe Shapiro asked whether property that is known to be avalanche area would be allowed to be built on. He inquired as to the provisions made for property owners who might not be allowed to build. Mayor Dobson stated that these are all considerations to be dealt with but that we cannot get answers `immediately. A member of the audience commented that continued wrong usage of land makes a problem even greater and potentially hazardous land should not be built upon. Mr. Riley asked what kind of living units Mr. Beck would like to see in Bighorn.: Mr. Beck replied that the impact would be bad on a low density area if other parcels of land were allowed to be high density. A 'final decision can be made by -taking certain -areas that show a dominant pattern: and determine the particular logic. Definite values must be assigned to various areas to determine the logic in land use planning. Mr. Welch stated that an I--70 interchange is planned for Pitkin. He asked what the planned use would be for the adjacent land. Mr. Beck stated that the value of the land must be protected in an area such as this. The audience was again asked what they would like to see done in Bighorn. Councilman Steinberg commented that the developers must get together to use the land for recreational purposes. Mr. Welch felt that the areas around the interchange should be kept clear so that the visual impact would be minimal, and that the geographical location should be assessed so that any commercial services would service the residents rather than travelers on the freeway. More than the 50% of the residents of that area are 'absentee' owners. Mr. Beck was asked where he would recommend putting a commercial center, and he replied that from the Interstate east would be the place to consider but not all the way to the east. end. MINUTES SPECIAL MEETING TOWN COUNCIL FOR THE TOWN OF VAIL . NOVEMBER 26, 1973 A special meeting of the Town Council For the Town of Vail was convened at 7:40 PM, November 26, 1973,' in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: Tom Steinberg Gerry White Joe Langmaid Kathy K lug John Donovan Josef Staufer Also present were: Terrell J. Minger, Town Manager Stan Bernstein, Finance Director The Council first convened as the Local Liquor Licensing Authority for the consideration of 1974 license renewal applications for the Ore House, Ichiban, Alain's Creeksde Cafe', and the Nu Gnu. Councilman Steinberg moved that these renewal applications be approved; Council- man White seconded the motion; all councilmember,s voted in favor of the motion; the motion carried and the renewals were approved. The Town Council then convened for the initial public hearing of the 1974 Budget for the Town of Vail. Due to the energy crisis, the Mayor commented that the budget. should. be reviewed more carefully with a view to problems that might arise' within°the coming year. This would include town activities, projects, etc. He stressed that concern for the overall situation is very much in order. The Mayor questioned the lack of interest on the part of the public and commented that a continuation of the council's work sessions might be in order. The budget would be divided into (l) administrative expenses and (2) programs. These two basic issues are the ones where pub:iic input is, necessary. Mr. Minger then explained his philosophy of municipal budgeting. The 1974 Budget is the first one prepared since the Home Rule Charter has been in effect. He referred to the charter as the basis and form of the public hearing. There will be two more public hearings at which the first and second readings of the budget ordinance will be read. He noted that a budget is a comprehensive plan expressed in financial terms and in which a municipal policy is made. He commented that Mr. Bernstein has worked on the 'base' budget for the past three months. He then outlined the three steps of the budgetary process: (l) budget preparation; (2) consideration and adaption; and (3) execution of the fiscal plan itself. Staff objectives for the coming year are to maximize expenditures in the following areas for the implementation of the Vail Plan - to include: ([)transportation; (2) new recreational programs and facilities; (3) beautifi- cation of additional areas in the town; and (4) cultural programs. Emphasis will be placed on minimizing 'housekeeping expenses' and the hiring of new employees. Mr. Minger noted that thirty per cent of the requests from department heads were cut from their proposals. For the first time, the town manager has requested that each department head submit a list of goals and objectives for the following 12 months to be reviewed on a quarterly basis. Regarding the uncertainty of the future, Mr. Minger said November 26, 1974 Page 2 00 that Vail is in its best fiscal posture of its history. Hiring commitments are being withheld. The 'perFormance' and 'program' aspects of the budget allow for the cutting of such programs as might be deemed to have Lower priority for 1974. Mr. Bernstein then delineated certain details of the budget, summarizing various categories. A discussion ensued concerning the use of funds available for particular projects. Mr. Minger commented that he and Mr. Rose, town engineer, had discussed the construction of a bridge to the AnthoLz and possible bikeway so that the area could be used as soon as possible. He also said that the pay plan will be presented to the Town Council for their review. Mr. White then requested a breakdown on how the budgets of the various districts relate to the Town. As there was no further business, the meeting was adjourned at 9:25 PM. 41 Respectfully submitted, Rosalie Jeff yluvl A Town Clerk 6 F " \ MINUTES SPECIAL MEETING TOWN COUNCIL FOR THE TOWN OF VAIL NOVEMBER 27, 1978 A special meeting of the Town Council for the Town of Vail was convened at 7:35 PM, November 27, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present:. John Donovan Josef Staufer Joseph Langmaid Gerry White Kathy K Lug Tom Steinberg Also present were: Terrell J. Minger, Town Manager Lawrence B. Robinson, Town Attorney Mayor Dobson opened the meeting by introducing the problem of parking in the core area. A member of the Planning Commission was asked to state the problem as the commission sees it. Mr. Merv Lapin, commission member, explained the commission's concern with the present parking situation as it relates to the core area. A change of use creates a parking requirement change. Questions asked by the planning commission include: (1) Should the core area become more pedestrianized? (2) What do we feel the use of this area should be? (3) Where can we provide parking for the businesses that presently exist there? He commented that the "Mall Act" :allows a community to specify an area in a town designated as a pedestrian area only. Mayor Dobson then asked for the audience to respond to his question, "What do we want the core area to be?" Diana Toughill, zoning administrator, stated that an additional 55,000 square feet could be converted to commercial space in the core. This would not include the possible construction of new commercial buildings. Figures on current com- mercial space are not-i known. Mr. Staufer remarked that the biggest mistake of the new zoning ordinance was to eliminate the Floor Area Ratio requirement. The parking is the only 'handle' the Town has to control the core area, he noted. Off-street parking requirements are unconstitutional in the State of Colorado so that this 'handle' may not have much strength. Mr. Staui'er is opposed to further commercializing of Bridge Street and felt that the Council would require more time to come up with a solution to this problem. He urged that the Council consider the FAR or.some sort of vertical zoning where commercial space is on the ground floor. Mr. Donovan commented that.he doesn't have the answers to the problem and needs more time to think. He ,: sees the town's responsibi lity to the day skier, and further commercialization would push the day skier out. a I \\ November 27, 1973 Page 2 Councilman Steinberg noted the problem of street and parking congestion in the core and agreed that the council would require time to consider the problem and make the correct decision. Councilman White stated that he felt the concern is more with how changes of use will affect the core area and the traffic in that area. He sees parking requirements and use requirements as the Town's controls for this problem. He would be interested in some sort of 'use' clause in the zoning ordinance and would like to hear comments from the Bridge Street owners and residents. Councilman Langmaid was in agreement with the councilmembers and felt that vertical zoning was a possibility with shops on the first floor of buildings. A member of the audience commented that one result of commercial area plazas which close after working hours is that these are areas where people do not live thus do not use for social activities 'after-hours'. Councilman Staufer moved to declare a 60 to 90 day grace period where there will be no parking variances or exemptions granted in the Town of Vail. Mr. Dudley Abbott emphasized the need to deal evenhandedly throughout the town. The Mayor asked if there were any objections from the people to have a grace period. Mr. Jay Peterson then questioned the legality of this meeting in dealing with the problem formally. Mr. Dick Elias questioned the method of the Council in arbitrarily determining the 'grace period'. Councilman Steinberg questioned the possibility of setting the date of March 1, 1974, to coincide with the parking structure decision. It was decided that this could be handled as a public.policy decision by the council, and Mayor Dobson recommended that the council not grant any variances for a period of approximately 60 to 90 days. Mr. Peterson stated that he felt there would be difficulty arising if the Council made a motion regarding the granting of variances at this meeting. He recommended more public coverage and publicity of all actions taken by the council. Mr. Robinson, town attorney, recommended that the council act as informally as possible on this issue. Change of use questions would not be affected by not granting variances if no further parking would be required to change said use, i.e. no additional. square footage needed. It was generally agreed that 90% of the situations that would arise would be covered by this policy statement. Councilman Staufer's former,. motion was retracted , and a policy statement was made by the Mayor to the effect that during a period of approximately 60 days, the planning and zoning commissions should come before the council with recommendations regarding the parking situation in commercial core one. Councilman White was of the opinion that there should be more concrete action taken to make certain that the zoning ordinance is a legal document. Mr. Robinson said that in his opinion variances are not a right of the applicant. Councilman Donovan felt very strongly that the council must have a legal right not to grant variances. A member of the audience commented that in his opinion the problem was of a change of use nature, but that the parking variance question is merely a handle for this. Mr. Robinson was of the opinion that to prohibit someone from a change "'from one use to another, a stronger statement must be made by the council Mayor Dobson stressed the council's desire to act in good faith. The problem is scheduled to be discussed at the next regular meeting to decide ho/v this will be dealt with fairly. Mr. Elias reminded the council that the planning commission has been against 60% of the variances granted recently. November 27, 1974 Page 3 The opinion of the council must be made public and available to the com- munity at large. Mayor Dobson replied that the recommendations of the planning commission cannot be taken 'carte blanche'; its position is an advisory one. It is not legislative in nature. The Charter of the Town of Vail states that the council must be the legislative body. He noted that the two groups will meet jointly to further discuss the problem. As there was no further business, the meeting was adjourned at 9:15 PM. Respectfully submitted, 4 Rosalie Jeffrey Town Clerk Ll • • SUMMARY SPECIA L MEETING TOWN COUNCIL OF THE TOWN OF VAT L DECEMBER 3, 1973 The Town Council of the Town of Vail decided to authorize Terrell J. Minger to proceed with the signing of a contract with Pre-Stress of Colorado. Said contract is to be terminable by the Town of Vail any time between now and March 1, 1974, with the understanding that the Town wi l l be responsib le for the cost of any and a l1 work that Pre-Stress has done up to the time of termination. A unanimous vote was cast in favor of this proposal. There were five council members present: Messrs. Dobson, Staufer, Langmaid, White and Ms. Klug. Absent councilmen were Later polled. Both Councilman Donovan and Councilman Steinberg voted in favor of the proposal. The contract with Pre-Stress of Colorado and the contractual arrangement with Hyder Construction Company and James Ream shall not be subject to termination after March 1, 1974. t Town Clerk G MINUTES REGULAR MEETING TOWN COUNCIL FOR THE TOWN OF VAIL DECEMBER 4, 1973 The regular meeting of the Town Council for the Town of Vail was convened at 7:40 PM, December 4, 1973,. in the Council Room of the Vail. Municipal Bu i Iding . Mayor John Dobson and the following councilmembers were present: John F. Donovan Josef Staufer Joseph Langmaid Gerry White Kathy K Lug Tom Steinberg Ordinance No. 22, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURES OF FUNDS BY THE TOWN OF VAIL IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full by the Mayor and the audience advised that copies of the ordinance were available. Councilman Donovan moved that'Qrdtnan6i`-Nb-:-22 be approved as read; Councilman Steinberg seconded the motion; Counci [members Staufer, Langmaid, White, Donovan, Steinberg, Klug and Dobson voted in favor; the motion carried and the ordinance was approved on second reading. Ordinance No. 24, A SUPPLEMENTAL ORDINANCE AUTHORIZING `THE- EXPENDITURES OF FUNDS BY THE TOWN OF VAIL IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reacting. The title was read in full by the Mayor and the audience advised that copies of the ordinance were available. Councilman Staufer moved that Ordinance No. 24 be approved as read; Councilman White seconded the motion; Councilmembers Donovan, Steinberg, Langmaid, Staufer, 'White, Klug and Dobson voted in favor; the motion carried and the ordinance was approved on `second reading. Ordinance No. 25, ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR THE TOWN'S FISCAL YEAR BEGINNING JANUARY 1.;,9 1974, AND ENDING ON THE LAST DAY OF DECEMBER, .1974, was introduced by Councilman Steinberg. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Minger explained that various revisions have been made to the budget regarding certain contingency items listed therein as a result of the energy crisis. These would include withholding the purchase of new equipment, hiring of personnel and not proceeding with planned projects. Councilman Langmaid moved that Ordinance No. 25 be approved on first reading, Council- man Donovan seconded; Councilmembers Donovan, Langmaid., White, Steinberg, Kiug and Dobson voted in favor; Councilman Staufcr voted against; the motion carried and the Town Clerk was instructed to publish same for public hearing. Mayor Dobson commented that a meeting' was held this date with representatives from Vail Associates, Vail Res..cyrt Association and the Town of Vail present at which time'the Vail Community Committee was formed. The committee members include: Dale McCall, Dick Elias, Warren Klug, Paul Johnson, Chuck Johnsos, Dick Peterson, Terrell J. Minger, John Dobson, and Bill Pierce. The purpose of this group is the mobilization of whatever programs or t F \ December 4, 1973 Page 2 activities are needed to meet the needs of the community as a result of the energy crisis. The committee is involved in raising funds to maintain the operation of the information center at Stapleton Airport in Denver, has guaranteed the addition of extra Trailways buses to their schedule for Vail, has made arrangements to aid stranded visitors, and is providing 24-hour telephone service for the visitor through the V.R.A. Mayor Dobson commented on revisions to the design of the Transportation Center and directed the audience to the most recent plans from the architect. He indicated that certain changes had been made with economics in mind The Town Council has signed a contract with Hyder Construction Company for the purchase of the pre-stress concrete. He explained that there is flexibility in the matter and the Town has the freedom not to proceed with the parking structure as late as March 1, 1974. With regard to the Continental Trailways bus terminal facilities, the Mayor. noted that preparations are underway for a terminal to be located in the west end of the Lions Head parking lot in the very near future. Shuttle bus service will be extended to the bus station in order to meet late arrivals. The reason for moving the terminal to another location is the difficulty experienced by the buses in entering and exiting the present east Lions Head parking lot during the winter months. Resolution No. 35, RESOLUTION SETTING FORTH GUIDELINES AND SUGGESTIONS FOR THE CONSERVATION OF ENERGY BY TOWN OF VAI L EMPLOYEES AND THE COMMUNITY AT LARGE, was introduced and read by the Mayor. A discussion ensued regarding the consumption of energy for swimming pools in the town. 'Mr. McCall was asked his opinion and replied that V. R .A . has not yet taken a stand , but he has found that most hotel owners are in favor of closing the pool. Councilman Staufer commented that the heated pool is the single greatest waste in town. Mr. Shapiro questioned whether an emergency ordinance could be passed to shut all the pools in the town. Mayor Dobson noted that there is no legal counsel for the meeting. Mr. McCall then suggested that the resolution be amended to include members of the community at large in the recommendation for the use of car pools, in addition to town employees. Councilman Donovan moved that Resolution No. 35 be adopted as amended; seconded by Councilman White; Councilmembers Donovan, Staufer, Klug, Steinberg, Langmaid, White and Dobson voted in favor; the motion carried and the energy conservation resolution was adopted. Judy Leman, Director of the Rumplestiltskin Nursery, thanked the Town of Vail and its staff for being very helpful in providing a location for the nursery and giving assistance where there was really a need. John Carmody, Director of the winter ice skating program, reported on the status of the ice rink and thanked the townspeople for having him back for another year. He announced the following events: 1) :December 26 -- special holiday event program; 2) December 29 --- benefit by World Skating Team; 3) January 19 -- invitaticnal ice dancing weekend; 4) February 16 and 17 -- carnival of ice skating; 5) special programs for Battle Mountain High School students and Avon children to use the ice during the day from 12 - 2 pm; 6) hockey program -- last year's program was very successful with three junior hockey teams. Dave Sage reported that fifty 5 - 13 year old children played their, first hockey game earlier in the evening. Men's games will take place on Saturday mornings. Mr. Carmody noted that the rink wi l I be open for public skating until 5 PM for the convenience of the school children. r December 4, 1973 Page 3 Mr. Jay Peterson, the attorney representing Dr. Peter A. Wells, a new dentist in the area, presented to the Council detai is of a request for a parking variance in CCI. Dr. Wells is converting two rental units in the Pension Isabel/Schober Building to office space thus changing the use from one type of commercial use to another. He stated that Dr. Welts has already applied for both a variance and an exemption in order to meet the parking requirements. After a discussion with the former town attorney, Mr. Robinson, Mr. Peterson advised Dr. Wells to apply solely for an exemption, based upon previous determinations by the Council, in particular the granting of an exemption to The Slope. He urged the Council to make a similar determination. Mr. Sage re-stated the opinion of the Planning Commission which is opposed to granting the variance. Mr. Schober, owner of the building, stressed the difference between applying for a 'change of use' and applying for a building permit, the issuance of which is subject to the fulfillment of the parking requirements. Councilman White asked for the reasons for turning down the variance and Mr. Sage replied that increased traffic to the area due to the presence of the office (doctor, secretary and patients), would constitute a hazard to the health, safety and welfare of the community. Mr. Peterson tried to impress upon the Council the similarity of this.request to that of the Slope and that if a parking variance were granted for that establishment, then Dr. Welts should also be granted a variance. Mr. Lapin commented that the planning commission is attempting to lessen the density by eliminating the need for traffic in the core area. In agreeing. with Mr. Peterson that these are important problems, Mayor Dobson stated that the Council and the Planning Commission should meet as soon as possible to decide how the whole situation should be handled immediately. Mr. Peterson suggested that the Council seek legal advice. Mr. Warren Klug and Mr. Jim Cunningham presented their request for a parking variance for Lionsquare Lodge. They requested a change from parking space to meeting space in an area of approximately 3,000 square feet due to the inadequacy of their present meeting facilities. Mr. Klug presented petitions from residents of the LionsHead area in favor of the additional meeting space. Mr. Cunningham commented that the present contractual agreement with the Vail Associates LionsHead Terminal Building is not adequate, and that the additional meeting space would be a benefit to the whole LionsHead area. The present contract with V. A, is rather ineffectual, according to Mr. Cunningham, since the school is located in the same building, and in the summer the Vail Institute uses it. Mr. Cunningham disagreed with the Planning Commission's recommendation ,. that the granting of this variance would generate more parking spaces, but ?r emphasized its benefit to the Town. He asked that his situation.be regarded individually and stated that his problem causes a hardship. Mr. Jack Fritzlen, of the Planning Commission, stated that the Council is actually rehearing the presentation made to the Planning Commission and that they are getting the wrong opinion since Mr. Cunningham is making a different proposal than the one the Planning Commission heard. On Councilman Steinberg's request, Mr. Cunningham agreed to sign an agreement stating that he would buy or reassign the area in question to parking if needed. Mr. Bud Benedict, from Antlers Condominium, reemphasized the necessity of having convention space in the area for the benefit of LionsHead. Without convention facilities, it is felt that summer business cannot survive. 'Mr. Schober commented that his understanding was that the Planning Commission' is an advisory board; he cannot see how this board could make recommendations that have no legal basis at all. Discussion ensued regarding the necessity of having this space available in LionsHead. Mr. Fritzlen noted that need was not considered, but felt that the precedent would be set if this variance were granted. The following options were discussed; 1). purchase of parking spaces in a transportation center built in Lionshead; 2) purchase of parking spaces in a transportation center in Vail Village; or 3) to take out the convention space if the parking spaces are needed at a later date. December 4, 1973 Page 4 Councilman Steinberg asked if Mr. Cunningham would be willing to add eleven spaces without the consideration of financial handicap. Mr. Cunningham replied that this would be physically possible. Mayor Dobson stated that he would like to proceed with this variance request in the same manner as Dr. Wells' request and meet with the Planning Commission on the issue. He stressed the function of the commission as being advisory in nature, thus being unable to make such decisions as need be made by the Counci I. Mr. Minger appointed Rosalie Jeffrey as the new Town Clerk according to Section 6.5 of the Home Rule Charter. Mr. Minger then gave the following statistics for winter parking facilities: total spaces - 1,495; Antholz - 1 , 000, on-street parking - 125. Parking approval is pending for use of the Frontage Road during the winter months. Approval will be granted by the State Highway Engineer's Office on a temporary basis. Mr. Benedict requested better shuttle bus service to the west end of the Lions Head parking lot. Mayor Dobson replied that the Town will provide a bus stop at a point near Antlers on the road to the Continental Terminal. A member of the audience asked why the area near the Crossroad Shopping Center will nd: be pedestrianized this winter. Mr. Minger replied that while he is in favor of pedestrianizing this area, complete details have not yet been worked out. Mr. Staufer suggested that the area be used as a pedestrian area on a temporary basis and changed to permit vehicular use during a snow storm. A proposal was brought before the Council with regard to the use of Vail facilities again next summer by the Rocky Mountain Soccer Camp. The Council gave its unanimous approval to the proposal, with Councilman Donovan's comment that it is a very worthwhile project and was well- handled this previous summer. Mr. Ben Frank commented on the 'Golden Eagle' Bus Service and recommended that there be an employee weekly ticket voucher to en- courage bus usage. Mayor Dobson reported that he and Mr. Minger had a meeting with Mr. Bill Brazeal and John Malone of CATV. The T.V. franchise will be made available to other companies with the condition that a new franchise would commence after the purchase. Several cable systems have shown interest in the franchise. Mr. Minger commented that the service will improve and be provided at a lower cost. Mr. Donovan queried the delay in presenting the monthly voucher lists. Mr. Bernstein replied that there will not be a time lag with future voucher lists. As there was no further business, the meeting was adjourned at 10:30 P.M. Rosalie Jeff e Q Town Clerk • December 4, 1973 Page 5 Local Liquor Licensing Authority The Council then convened as the local Liquor licensing authority to consider a request for permission to expand the premises of the Red Lion Inn, Inc. Mr. Langmaid moved to approve the addition; Mr. White seconded the motion; Messrs. Donovan, StauPer, Klug, Dobson, Steinberg, Langmaid and White voted in favor; the motion carried and the request was granted. The Authority then considered a request for a change of partnership from The Wine and Liquor Shop at Crossroads, from Harald Westbye to Westbye--Hickox, a partnership. Mr. Donovan moved that the change of partnership be approved, Mr. Steinberg seconded the motion; all members voted in favor; the motion carried and the request was granted. As there was no further business, the meeting was adjourned at 10;40 P.M. ?X" Rosalie Jeffre J Town Clerk 6 MINUTES JOINT MEETING PLANNING COMMISSION/TOWN COUNCIL DECEMBER 6, 1973 The Town Council of the Town of Vail and the Planning Commission. met in a work session on Thursday, December 6, 1973, at 1:00 p. m. The following council members were present: Joseph Langmaid Josef Staufer John A. Dobson John F. Donovan Gerry White Kathy K lug Also present were: Gordon Pierce Terry Minger Jen Wright Diana Toughill Merv Lapin Bill Hanlon Dave Sage Jack Fritzlen Parking Variance --- Dr. Peter A. Wells The Town Council reversed the parking variance decision of the Planning Commission and granted an exemption. Dr. Wells is required to purchase one parking space for the amount of $3,000, payable at a rate of $1,000 per year and bearing interest at 8%. The motion was made by Councilman White and seconded by Councilman Staufer; all members voted in favor; the motion carried and the exemption was granted. Parking Variance -- Lionsquare Representatives of Lionsquare Condominiums presented an alternative proposal in their request for a parking variance. The Planning Commission recommended that the proposal go back through normal channels since it was a variation on the previous proposal. As there was no further business, the meeting was adjourned at 2.15 p. m. -(J?- Rosalie Jeffrey Town Clerk MINUTES REGULAR MEETING TOWN COUNCIL FOR THE TOWN OF VAIL DECEMBER 18, 1973 The regular meeting of the Town Council for the Town of Vail was convened at 7:30 P.M., December 18, 1973, in the Council Room of the Vail Municipal Building. Mayor Pro Tem Gerry White and the following councilmembers were present: Josef Staufer Kathy Klug Tom Steinberg Joseph Langmaid Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney The Town Council first convened as the Local. Liquor Licensing Authority to consider the re-submitted application of Daniel Ellis O'Brien for a 3.2% beer license. Witnesses were then sworn in by the Town Manager. Mr. Douglas McLaughlin, attorney for Mr. O'Brien, called the applicant to the stand. Mr. McLaughlin then presented petitions to the Council to verify the needs of the neighborhood requirement for the approval of the license. Mr. O'Brien testified that he owns a Dairy Depot in Breckenridge with a liquor license and has much experience in the grocery business. He commented that the good location of the store and the high rate of growth of the Town of Vail are important factors contributing to the need for another 3.2% beer license. Councilman Donovan asked Mr. O'Brien whether he was familiar with the Keg and The Deli and the fact that they cover the legal 3.2% sales hours in the Town. He then asked why Mr. O'Brien did not have legal counsel at the initial public hearing. Mr. O'Brien replied that Colorado Liquor Code required neither legal counsel nor petitions. Mr. James Rogers testified that in his opinion the operation is necessary for the convenience of both residents and visitors of Vail. Councilman Donovan asked him when he had last pur- chased 3.2% beer. Mr. Rogers replied, "Sometime last summer" and added that he noted a significant growth in the Town of Vail in the past few years, and that the service in the Village Market is very slow. Mr. Steve Ruder, owner of the Keg, commented that 3.2 beer is mainly catered to the 18 to 21 year old and asked Mr. Rogers whether he had ever tried to purchase it in the Town of Vail and not been able to get it. Mr. Rogers answered affirmatively. Mr. Harlan Choate, whose real. estate office is located in Room 45 of the Vail Village Inn, next to the Dairy Depot, testified that due to crowds in the Deli he has been unable to be served promptly. When questioned as to the amount of 3.2 beer he had purchased recently he replied that he had bought two cases and that he has a teenage son. Due to his late arrival, Mr. John Buxman was then sworn in. He testified that his store, The Village Market, is located in the same block as the Dairy Depot, and that in his opinion there is not a sufficient need for another 3.2 beer outlet. Although he was represented by legal counsel at the initial hearing, he does not have a lawyer now due to the expense - $388.00 in legal fees represent 3 months' profits on 3.2 beer sales. He stated that he is open every day of the year, from 7 AM to 11 PM on holidays and from 9 AM to 9 PM off season. S?:Jenty-five per cent of his business is from within the valley and 25% is visitor. According to Mr. Buxman, December 18, 1973 Page 2 there are plans for a 3.2 beer outlet in the Bighorn area. Mr. Ruder asked that the petitions against the application be reinstated as evidence. He said that he received his first license in 1966 and was well-informed regarding the requirements of the Colorado liquor laws. He noted that he has parking approximately 300 feet from his establishment; his opinion is that there is adequate parking for both his business and The Village Market. Mr. Ruder's sales at the Keg are both 'on- premises' and 'off-premises'. Statistics from the State of Colorado show that 70-75 per cent of the 342 beer purchased is by 18 - 21 year olds. The public's purpose in going to a grocery store is not to purchase 3.2 beer but it would be picked up there due to the convenience. Mr. McLaughlin stated in closing that the tax assessments in the Town of Vail show the need and asked that the Council take notice of the last 3.2 license granted in the Town. He requested that Mr. Donovan be excluded from the vote and that his questions were biased. Mr. Buxman's initial testimony is to be incorporated into this hearing's testimony. Mr. McLaughlin asked the Council to deliberate upon the dif- ference between reasonable requirements of the neighborhood versus the desire not to have another 3.2 outlet. Mr. Minger stated that the petitions are numbered A through E. Councilman White commented that the Board has 30 days in which to decade on the granting of the license request. Next to be considered was the application from Grand Prix, Inc . for a beer, wine and liquor license in the Tivoli Lodge. Robert Lazier, Ernst Larese, James Rogers and Paul Ulrich were sworn in to testify for the application. Mr. Larese testified that he has been employed by Mr. Lazier since August 20, 1973, and the purpose of this request is to be able to provide a service to the house guests of the Tivoli. The seating capacity for the Grand Prix Room in the Tivoli would be 23 people. The Grand Prix would be open from 7 to 10 AM and from 4 to 12 PM. Councilman Donovan asked if Mr. Larese were aware of the number of establishments situated within a 1/4 mile distance from the Tivoli or even to the Crossroads Shopping Center. Mr. Larese said he thought there were about 15 to 20. Mr. Lazier then testified that he has built a number of estab- lishments in the Town of Vail over the past several years. He re-emphasized the need to satisfy the guests and noted that most of the guests are family-oriented. In answer to a question-.- regarding parking, Mr. McLaughlin stated that the Tivoli Lodge has more than adequate parking. Mr. Lazier commented that of the five lodges around his own, the Tivoli would be the only one with food facilities. Mr. Ulrich then testified as to the needs of the neighborhood requirement with regard to this facility. Mr. James Rogers then testified that in his opinion any lodge owner who wanted to put in a food facility should be allowed to do so as this would be in keeping with the idea of what a lodge is - as a feature of the lodge and for the benefit of their guests. Mayor Pro Tem White then stated that the Board has 30 days to make the decision in this matter and will notify the applicant in writing. As there was no further business, the Liquor Licensing Authority adjourned at 9:20 PM. • December 18, 1973 Page 3 The Town Council then reconvened at 9:20 PM with Mayor Pro Tem White presiding. Ordinance No. 25, ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR THE TOWN'S FISCAL YEAR BEGINNING JANUARY 1, 1974,AND ENDING ON THE LAST DAY OF DECEMBER, 1974, was introduced for second reading. The title was read in full by the Mayor Pro Tem and the audience advised that copies of the ordinance were available. Mr. Minger read from the Home Rule Charter regarding the adoption of the yearly budget. He commented on the potential problem if the budget were not adopted before the end of the year. He noted that due to the climate of the economy there will be no more per- sonnel hired for the Town of Vail until such time as the state, regional and local economy is satisfactory. Mr. Bernstein noted the impact of the energy crisis and the concern of the people regarding the $70,000.00 amount budgeted for contingencies. Such contingency items could easily be cut from the budget if the funds are not available. Mr. Bernstein also noted that no one is programmed to get the 5 per cent merit increase. Councilman Staufer stated that there has never been a meeting between the first and second reading of the budget. He is opposed to the "blanket 15% increase" (i.e. cost of living and merit increases). He remarked that his reasoning is not that the staff does not merit the raise, but that they get a fair wage at the present time. He com- mented that this would. give a 25 to 30% increase in payroll over a two-year period. He did not feel that the VA payrolls are good comparison and is totally opposed to the action. Secondly, Councilman Staufer questioned the figures in the budget and the various reports of actual expenditures for the 1973 Symposium. The amount budgeted was $10,000.00 and the reports indicated $13,500.00 , with vouchers showing $17,000.00 to $18,00.0.00 other than payroll. He then recce=,uk,ended a 'no' vote or a tabling of the budget. The Mayor Pro Tem noted that while there were no meetings between the first and second readings there was a meeting of the philosophy behind, the budget, and he feels the Council knows the budget and is prepared to vote on it. Mr. Minger responded to what he termed 'absurd statements' made by Councilman Staufer. He noted that the VA salaries were asked for by the Town Council and Aspen is offering the town manager's salary of $32,000.00. He CvItU«ented that he did not intend to dwell on salaries but rather on the integrity of the budget. Mr. Bernstein then commented that the relevant fact is how much money the staff is being paid not the percentages. With re- gard to Symposium expenditures, a Supplemental Appropriations ordinance of $3,500.00 was passed by the Council to cover additional amounts needed for Symposium expenses. Each councilmember was then asked to comment on the budget for 1974. Councilman Donovan was in agreement with the philosophy of the budget and the fact that the Town Manager does the hiring. He is in favor of passing the budget. Councilwoman Klug stated that the Council had adequate time in her opinion to review the budget. Councilman Steinberg c%.J„U„ented on the efficiency of the budget being the issue to be considered along with the increase in the payroll. December 18, 1073 ]gage 4 Regarding the Town Manager's and Town Attorney's salaries, Mr. Bernstein has determined an amount on Councilman Langmaid's request. Mr. Minger stated that he and the Town Attorney would I be willing to stay at the same salaries as the previous year, i.e. $26,000.00 and $24,000.00. He will make no change in the payroll increases budgeted for his staff unless the council directs him to do so. Mr. Elias asked if the increase would be 10% across the board or 25% for some. He questioned the nature of the fringe benefits for the staff. Mr. Minger replied that all full-time employees have the same benefits. He then re- quested that the community state their goals for town govern- ment and make them known to him. A motion was then entertained for the adoption of the 1974 Budget for the Town of Vaal. Councilman Steinberg moved to adopt Ordinance No. 25; Councilman Donovan seconded the motion; Councilmembers Langmaid, Klug, Steinberg, Donovan and White voted in favor; Councilman Staufer voted against the motion; the motion carried and Ordinance No. 25, Serves of 1973, was approved. Ordinance No. 26, AN ORDINANCE FOR THE CONTROL OF DOGS, was introduced by the Town Manager. The title was read in full by the Mayor Pro Tem and the audience advised that copies were available. Mr. Minger indicated that this need not be an emergency ordinance, and explained that the thrust of the ordinance is for a 'leash law' in CCI and CCII, these areas were designated with the help of a map. Councilman Donovan. commented that he is in 100 per cent agreement with the ordinance but questioned Section 14 regarding "destruction of dogs"; and asked whether that could be changed to read "to be placed with the dumb friends' league". Councilman Steinberg noted that the same dogs offend time after time with new owners after being 'adopted'. Councilman Donovan said that they should be placed outside of town limits. Councilman Steinberg remarked on Section 11 and said that it should be changed to a female dog "in heat". With regard to Section 14C, regarding rabid dogs, ten days are needed medically to determine whether it is rabid or not. The animal should not be destroyed during that time. The dog should be impounded for medical testing. In Section 15, it is the opinion of Councilman Steinberg that mange is not in the same category as rabies and the dog should not be destroyed. He would like that taken out of the ordinance. He then offered the aid of the State Health Officer for perusal of this ordinance. Technical changes to be made would include, the addition of the words, "subsequent to the registration period" in Section 7C. Councilman Steinberg questioned whether under Section 22 concerning penalties, fines would be automatic. The attorney replied that the judge must rule on the violations. Councilman Donovan commented that the vaccination service to the public could be held again as had been. done in the past at the Fire House each spring. Mr. Smith stated his reason for calling this an emergency ordin- ance as being primarily due to the inconsistencies in the present ordinance and the need for such inconsistencies to be corrected. The major change is the leash law in CCI and CCII. Councilman Steinberg questioned the pedestrianization of other areas of the village and the possible need for this leash law to cover greater portions of the town. Mr. Minger remarked that the controversial matter of the dog ordinance requires its being put before the public. A member of the audience cuA_,:ented that the problem of the increasing dog population is more important than the leash law, and that the public will be forced to break the law. The second reading of this ordinance will take place on January 8th. The word 'emergency' will be stricken from the title. Mr. James Slevin pointed out that the Home Rule Charter provides for the retroactive nature of the ordinance. December 18, 1973 Page 5 • • • Councilman Donovan moved that the dog control ordinance be passed on first reading for publication subject to additions or changes just decided upon; Councilwoman Klug seconded the motion; the vote was unanimous in favor of the motion and the Town Clerk was instructed to have the ordinance published. With regard to a request for a Conditional Use Permit for Dr. Thomas Duncan at his Sandstone office, Ms. Diana Toughill, Zoning Administrator for the Town of Vail, explained that Dr. Duncan wants to use existing office and storage space. He meets all the requirements presently needed. In the event he wants to enlarge the space, more parking would be required. The Planning CQAULlission has recommended approval of the permit. Councilman Steinberg questioned whether x-ray equipment would be installed. The actual design of the office was not shown. Mr. Dudley Abbott felt it was unnecessary to request a Conditional Use Permit since he said he had made an agreement with the Town when he owned the property which had determined the use at that time. Councilman Steinberg then requested that the matter be deferred until Dr. Duncan could be present. Councilman Donovan moved that the request for a Conditional Use Permit be granted with the condition that x-ray equipment not be used or that the Dr. must determine if the building meets requirements of state statutes. Councilman Langmaid seconded the motion; all council- members voted in favor and the motion carried. With regard to a request for a Conditional Use Permit for a counterweight cover for Lift No. 8, Mr. Fred Otto, legal counsel for Vail Associ.ates,stated that the request is being made for safety and aesthetics. The Planning Commission has recommended approval of the request on the condition that the color be matched with existing colors of the mountain equipment. Councilman Donovan moved that the Conditional. Use Permit be allowed; Councilman Staufer seconded the motion; councilmembers voted unanimously in favor of granting the request and the motion carried. Regarding a request by U.E.G., Inc. for a Conditional Use Permit for a Family Entertainment Center in CCII, Kent Rose, the town engineer, explained that the establishment would be a family game room to be located in.the Vail 21 Building under the General Store. It meets all building and zoning require- ments. The Planning Commission has recommended approval. Councilman Donovan moved that the Conditional Use Permit be granted to U.E.G., Inc.; Councilman Steinberg seconded the motion; councilmembers voted unanimously in favor of granting the request and the motion carried. Concerning a parking request for Lionsquare Lodge, Mr. Warren Klug, manager of the lodge, asked if there might be a possibility of allowing the area in question to remain as green space until at some future date it might be determined that additional park- ing were required, at the sacrifice of the green space. Mr. Merv Lapin, a member of the Planning Commission, commented that he is not in favor of granting parking variances, since it will have serious implications on future requests and building of more meeting space. Mr. Minger commented that he has qualms with the precedent this would set and is of the opinion that the problem should not be handled on an individual basis. It cannot be handled administratively and enforced by the staff. Mr. Klug remarked that the area around the lodge would be adversely affected if the green space were taken out. Councilmen Donovan and Langmaid commented that the landscaping is more important than the parking spaces, subject to conditions of the Planning Commission memorandum. r' u December 18, 1973. Page 6 Mr. Elias questioned the granting of the variance at this time due to the policy,statement of the Council regarding parking variances. Mr. Elias is of the opinion that the zoning ordinance is inadequate for the needs of the lodges. Councilman White asked the Planning Commission to address itself to the question and submit a decision to council by the last day in February. Mr. Klug suggested that the ordinance requirements.for parking be reduced. Councilman White stated that Lionsquare must comply with present parking requirements within eight months; if the zoning ordinance is changed, then Lionsquare would not be required to construct the spaces. Discussion followed, with Mr. Klug asking for a decision at this meeting. Mr. Rose C%.41i«ented that no building could be done until at least April 15, and that the decision should be dependent on the parking required at that time. Councilman Steinberg moved to reject the parking variance request and require the spaces to be constructed if there is no change in the zoning ordinance by April 15. The building permit could be issued in the spring contingent on the parking requirement. Mr. Klug then requested that the permit be issued in the spring but that the spaces be put in by November 15, with a hearing on the matter to be held in the fall. Councilman Steinberg's motion was then amended to read November 1st instead of April 15; Councilman Donovan seconded the motion; councilmembers voted in favor and the motion carried. Mr. Rod Slifer, representing the Vail Metropolitan Recreation District, was present to request that a bond election take place early in 1974 for the purpose of obtaining funds to expand the golf course clubhouse, and to build 16 tennis courts, 8 on Antholz and 8 at Lionshead, during the summer of 1974. Mr. Slifer stated that he is optimistic in making some arrangement with the Town regarding the use of the land. Mr. Minger commented that the Town has worked with the Royston firm regarding use of the Antholz for tennis courts, tot lots and a pro shop. Mr. Slifer noted that the cost of the courts would be approximately $200,000.00. The courts should be ready by July 1, 1974. Councilman White commented that the additional courts and golf facilities would help to make Vail a summer destination point for tourists. Mr. Slifer then requested authorization from the Town Council that the site on the Antholz be given to the Recreation District for the purpose of constructing 8 courts. Both Councilman. Donovan and Councilman Staufer commented on the importance of public ex- posure to the decision of how to use the Antholz property. Other councilmembers were in agreement. A community question- haire is being prepared regarding recreational needs and desires of the citizens of Vail,; it will be made available to the public about January 7th. REPORTS FROM THE TOWN MANAGER Mr. Minger commented that Keith Caroselli, of the Vail Factory, had approached him about the sign ordinance of the Town of Vail. Mr. Caroselli is opposed to some of the provisions of the ordi- nance because he feels they are not functional or practical. He would recommend that the ordinance be handled in an adminis- trative manner instead of being handled by a board, since it take such a long time to have a sign presented to the board. He asked that the sign ordinance be made more workable. He remarked that in his opinion the sign administrator has too much power and that some members of the Design Review Board do not know the ordinance. Lou Parker, representing the Design Review Board, stated that all of the requests for variances from the Vail Factory were with regard to size, not aesthetics. Councilman Donovan rec%wimatended that since the matter is a tech- nical one, it should be reviewed by the staff. He also noted that proposals should be presented before the board within one month of application. December 18, 1973 Page 7 Mr. Minger read a proposal by the CU Design Students to work with the town in planning the use of the Antholz Property. Cost to the town would be approximately $1500.00. Councilman Donovan made a motion that the CU students work with the town in this design project; Councilman Staufer seconded the motion; all councilmembers voted in favor and the motion carried. Mr. James Slevin, of the Vail Institute, addressed the Council with a request to use a portion of the Antholz property during the summer of 1974 for a tent to perform and hold programs for the community. Ultimately,.the goal of the Vail Institute is to have a home: The Center for the Performing Arts. The Council unanimously approved Mr. Slevin's proposal. CITIZEN PARTICIPATION Mr. Robert Buterbaugh questioned the development of Tracts A and B and the percentage of employee housing which might be available to local residents. Due to the construction of the Transportation Center, Mr. Buterbaugh asked if the bus route could be extended to Booth Creek and Sandstone. Mr: Minger commented that the staff is now working with Vail Associates on a revised bus schedule and route for the summer months. Regarding Lionshead, Mr. Buterbaugh asked if the hours would be extended for the people who will have to park in Lionshead due to the construction in the main parking lot. Mr. Minger replied that this problem is also being reviewed. As there was no further business, the meeting was adjourned at 12:30 PM. • l? 0 a AGENDA REGULAR MEETING TOWN COUNCIL FOR THE TOWN OF VAI L JANUARY 16, 1973 1. Consideration of Ordinance No. 1 (Series of 1973); AN ORDINANCE ACCEPTING THE DEDICATION OF PUBLIC RIGHTS-OF-WAY, THE SAME BEING LOCATED WITHIN VAIL VILLAGE, SEVENTH FILING, WITHIN THE TOWN OF VAIL. 2. Consideration of Ordinance No. 2 (Series of 1973); AN ORDINANCE PROVIDING FOR THE REVIEW OF A LL APPLICATIONS FOR BUI LDING PERMITS FOR CONSTRUCTION WITHIN THE TOWN OF VAIL. 3. Consideration of minutes of meetings of December 19 and December 26, 1972. 4. Reports from the Town Manager. 5. Information Center Report. 6. Presentation by Andre DeLucinges regarding employee relations. Convene in joint session with the Board of Directors of the Vail Metropolitan • Recreation District. 1 . Discussion of golf and tennis rates for 1973. 2. Discussion of restaurant operation in golf clubhouse for 1973. 3. Consideration of resignation of Jerry Muth From the Board of Directors. 0i t v Mo`~?? 7015 WEST 37TH AVENUE + WHEAT RIDGE, COLO. 80033 *OFFICE: 986-1559 R ES : 424-0606 r? E -__-- 'R G ?C December 18, 1-/72 Mr. Terrell J. Minger T o wn Manager Dox 100 Vail, Co 81657 Dear Mr. Flinger: The dates of the Rocky I.Iountain soccer Carp ire: July 8 - 13 _Lnd July' 15 - 20, 1 have completed all housing ?xrangei,ient., with Idr. Claude Martin of the Short Swing and all eutting cxrangements v>ith M r. Staufer of the Veil Village Inn. Near to the opening of cl?Lmp I will be in Veil to m,.Lke uny final arr,??ngeYents> with you. 1 thUnk you and the town council for your support and interest in soccer. Sincerely your Artie W;Achter Camp Director aW • W r?i Cr ?l1 Q • ' O r? 9? CJ b cSz r 0 CD ? w f co - W - c -3 ? ..s Wj CD N V? #^' OD ia W ~ K W N C! .,3 '2, co 0 t-) v-3 N J N ON co N X "-.. W a U O N •• 01 *3' Nq *d 1-3 ¢*3 00 `- 'o ' cS> Oti .1 . O *d tv. 0 r3 f...+ j3 W N d ro co ON O ' ty a Y rs v? .a 0 ro N W W a ? C!Y N Ls co N V-3 ON ul + N mo w, Cd VI N Il~?' N ? W t?t? J j.. W tt?" P. Ul .? _-_s. a tTt t4 co a W r1 s o r, cP CO `. cn J 0 w r-j ON N W ?",, o cSt W Ln ON ?' N N W ? V?w .P 4^a' i1w of Val box 100 . vail, colorado 81657 INFORMATION CENTER REPORT January 3, 1973 3 0 3. 4 7 6- 5 6 1 3 Many visitors come to the Information Center in the morning and late afternoon. The slowest period is approximately from 2:00 p.m. to 3:00 p.m. and again from 3:30 p.m. to 7:00 p.m.. In the past Christmas holiday week about 85% asked for accommodations. Many of them had no reservations, therefore they had no place to stay over night since every place was booked up from here to Aspen. Some people drove on to Denver in spite of bad road conditions. With all the development which has taken place in the past year, we still can not accommodate all of the visitors who flock into Vail at this time. Basically, the most frequently asked questions are about accommodations, the mountain, and parking facilities. Sometimes visitors come into the center inquiring about certain locations of buildings. Most of the time I am directing people to restaurants and shops, lodges or condotels, parking facilities, and advising people to call the V.R.A. for accommodations. There are alot of people with campers that ask if we furnish electrical outlets at our camping parking lot. I believe that Vail should furnish this facility for the conven- ience of its visitors. There has been an increasing dumber of middle-aged people who would like to ride the gondola for scenery and enjoyment. They inquire whether there is a place to relax and eat on top, the cost of the ride, and which lift is higher. My biggest difficulty is trying to help someone find a friend who lives in Vail when he has no idea where the person lives or works. Unfortunately, I do not know a great many of people who live in this town and everyone who has moved here in the past six months is not listed in the phone book. According to the tally sheets from Checkpoint Charlie, their most frequently asked questions are accommodations, parking facilities, and directions. ¦ 411W I ''8 b o x 1 0 0 • v a l I , co I o r a d o 8 1 6 5 7 • 3 0 3. 4 7 6- 5 6 1 3 INFORMATION REPORT January 16, 1973 Information Check-point Center . .... Charlie's Accommodations 240 1:17' Parking and Directions 175 409 Mountain 98 53 Brochure Collectors 84 41 Recreational Activities Other Than Skiing 19 12 Road Conditions 17 49 Town Offices 8 13 Post Office 47 36 Food and Beverage 23 174 Looking For Friends 18 15 Shops and Services 20 117 Looking For Jobs 11 9 Rundown on Everything 65 6 Where Pay Phone 24 22' Transportation Information 8 128 Camper Parking 13 4 Police Information 14 2 Clinic/School/Church Info. 20 43 Aspen/Other Resort Info. "3 1 Where Real Estate Firms 5 2 Where Library 35 1 Forest Service 0 0 Babys itters 7 6 Car and Driver's License 8 1 Information Want Maps of Town 75 115 Ski School 18 Weather 5 Report summarizes time period from December 6th, 1972 to January 15, 1973. f ??`r`rJ?q 1 ! d 'p[R?Sr3'K rY'°ryf1 E` b o x S o o o v a i i, C 0 1 0 a d o 8 1 6 5 7 ® 3 0 3 • 4 7 6- 5 6 1 3 January 16, 1973 This report has been prepared in response to questions which have been directed to the City Manager concerning the operation of helicopters within or near the Town of Vail. (1) An arrangement has been agreed upon by the Vail. Associates and Helicopters Unlimited to provide certain types of helicopter service to the Vail area, The major points of said agreement are as follows: (a) Overnight helicopter storage privileges in the Vail Associates maintenance shop. (b) Display space and landing area provided by the Vail Associates for a helicopter, (c) Helicopters Unlimited, Inc, agrees to use a landing approach that will cause a minimum of disturbance and noise. It also agrees to maintain its own insurance. (d) A phone answering service to be provided by Vail Associates for Helicopters Unlimited. (e) In regards to the agreement between Vail Associates and Helicopters Unlimited, said agreement can be terminated by either party effective upon 10 days notice to the other party. Persons responsible for the agreement are Don Almond of Vail Associates and Lenn Kasdorf of Helicopters Unlimited. (2) The following is a brief description of Helicopters Unlimited. (a) Mr. Lenn G. Kasdorf - President -z- (b) Denver based operation from Stapleton Inter- national Airport. (c) The organization has a PUC permit to provide service as a general carrier. (d) The organization has a total of six (6) helicopters and five (5) fixed winged aircrafts. (e) The organization has a FAA license to provide air taxi service. (f) The helicopter operating out of Vail is known as a Jet Ranger which is suitable for high altitude operation. (3) Contact was made with the Federal Aviation Administra- tion concerning that agency's rules and regulations .covering helicopter operation. The following are points raised in the ensuing discussion. (a) That the FAA has not approved what they term a 'designated landing site' for helicopters in the Vail area. This site must be approved by the FAA if the frequency of flights is to be on a permanent or semi-permanent basis. (b) That mu;ricipal governments have in the past regulated such air traffic through ordinances of various types. (c) That if the Town of Vail wishes to seek further action in regulating the operation of helicopters within its boundaries, a letter should be transmitted to the FAA stating the nature of the problem. The FAA will respond as to the appropriate method of approaching the solution of such problem. In conclusion, Mr. Kasdorf of Helicopters Unlimited has indicated his willingness to present to the Town Council any information they would desire concerning the operation of his organization. r ? aQ cry ? PA I b o x 1 0 o IF v a i I, co I o r a do 8 1 6 5 7 • 3 0 3 • 4 7 $- 6 6 1 3 VAIL METROPOLITAN RECREATION DISTRICT 1973 PROPOSED RATE SCHEDULE ?J A GO LF= Daily Green Fees/Per Person: Beginning of Season - June 14; September 15 - End of Season June 15-September 14 Cart Rentals: Season Passes: Taxpayer to V. M. R. D. Single Husband & Wife N on--Taxpaye r to V. M. R. D. Single Husband & Wife 9 Holes 18 Holes $5.00 $7.00 $6.00 $9.00 $6.00 $9.00 $135.00 $216.00 $165.00 $265.00 After 4:00 p. m. - as much as you can play $4.00 Children, ages 10 through 15, may purchase season passes (w/pros' approval) for $40.00. Children under age 10 will not be allowed to play the course, and those over 15 must pay the adult rate. r, Z, Co. Li ?J b o x 1 0 0 ® v a i l, c o I o r a d o 8 1 6 5 7 a 3 0 3, 4 7 6 5 6 1 3 VAI L METROPOLITAN RECREATION. DISTRICT 1973 PROPOSED RATE SCHEDULE TENNIS Hourly Rates/Per Court: 1 1/2 hrs. - $6.00 1 hr, -- $4.00 Season Passes: Taxpayer to Non-Taxpayer' V. M. R. D. to V. M. R. D. Week-days Only (Single -- Excluding Holidays) $ 36.00 $ 45.00 Week-days Only (Husband & Wife - Excluding Holidays) $ 63.00 $ 80.00 7--Day Pass (Single) $ 67.50 $ 85.00 7-Day Pass (Husband & Wife) $108,00 $130.00 Children under 15 may obtain a season tennis pass for $20.00 for weekdays (excluding holidays) only. • r?,,v?w2sa?? box loo ® vaiI, coiorarlo 81657 e 303.476-5613 Dear Mr. Chairman; Thank you for your interest in wishing to schedule a golf event at the Vail Golf Club. This letter will serve to provide basic information about our operation. Vail is a beautiful, welt-manicured 7,000 yard championship lay-out. The par 71 course is surrounded by towering mountains, at an altitude of 8,200 feet and located 110 miles west of Denver. The course is in its fourth year of operation. Our facilities include driving range, putting green, snack and cocktail bar, fully--equipped pro shop, and limited men's and ladies' locker rooms. A large cart fleet is available along with club rental sets and hand carts. The course is located within the Town of Vail and is only a short distance from many fine lodges, restaurants, and meeting rooms for groups such as yours. We hope Vail will be your choice for this next summer season. Please contact me if I can be. of assistance. Yours truly, Bob Wolfe Golf Director Vail Golf Club 0 Vail, Colorado 81657 'L SJ?. S ?+ ra y n Ail ! n n'. b o x l o o o v a i!, c o l o r a d o 8 1 6 5 7 * 3 0 3 • 4 7 6- 5 6 1 3 GROUP'GOLF POLICIES 1 . Groups may not be scheduled on weekends and holidays. 2. A 50% deposit of the total green fee and cart amount is required upon signing group for date. 3. Goff chairman of -the company must notify professional at least two days before scheduled golf date if there is a players decrease, otherwise company is liable for number signed up originally. 4. Beer carts are not allowed on course. 5. Please note our 1973 golf rates: •? Eighteen Holes or more . . . . . . . $ 9.00 Nine Holes 6.00 Golf Cart (For two), Eighteen Holes . 9.00 Golf Cart (for two), Nine Holes 6.00 Rental I-land Carts Nine or Eighteen Holes . 1.00 Rental Clubs . .. . . 3.00 Range Balls, Small Pail . .75 Range Balls, Large Pail . 1.25 Club Storage . . 1 .00 per day or 3.00 per week Lockers r . 1.00 per day or 3.00 per week if you wish to secure a golf date for your group, please contact the following people: Summers (l\,1ay 15th - Sept. 15th) Bob Wolfe, Professional Vail Golf Club P.O. Box 642 Vail, Colorado 81657 Phone: 303--476-5426 Winters (Sept. 16th - May 14th) Ben Krueger Vail Recreation District P.O. Box 100 Vail, Colorado 81657 Phone: 303-476-5613 1 -`? r F• box 10o a vail, colorudo $1657 e 303.476-5613 GOLF GROUP SIGN UP SHEET 1. Name of company 2. Address 3. Date or dates you desire golf outing 4. Phone number 5. Golf chairman's name W 6. Golf chairman's telephone 7. Number of players participating 8. Number of golf carts reserved 9. Eighteen Holes Nine Holes 10. Do you wish tournament? Yes No 11. Amount of deposit (50% of total G. F. & G. C.) 12. Green fees and carts charged to company or lodge? 13. Additional items you wish charged by your people? 14. Address while at Vail OP Please send this form, completed, and deposit check to the following address: Vail Metropolitan Recreation District % Ben Krueger P. 0. Box 100 Vail, Colorado 81657 To Members of Recreation District Board 0 which Che enclosed are drafts of informational sheets w will be sent to the VRA and all lodging entities. If they meet with your approval, please indicate this fact to Mr. Slifer. If they do not meet with your approval, please indicate this fact also to Mr. Slifer. As soon as possible. :t Jam; W v AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL FEBRUARY 24, 1973 1. Discussion of the question: "Should the Bighorn Area annex to the Town of Vail?" 2. Report by the committee on unauthorized parking on private property. 3. Consideration of resignation of Dave Gorsuch from the planning Commission. 4. Reports from the Town Manager: a. Goals and Objectives of the Police Department. b. Consideration of allocation of "Donations to Organizations. " 0 c. Status of NASA Environmental Study Proposal. 5. Reports from the Town Attorney: a. Pending Litigation. 6. Consideration of minutes of meetings of February 5 and February 6, 1973. Executive Session. • 1 TENTATIVE GOALS AND OBJECTIVES OF THE VAIL POLICE DEPARTMENT GOAL #1: To develop close contact and understanding with the' community and to establish confidence on the part of the community in the service-oriented character of the Police Department. OBJECTIVES: (1) Police officers should engage in frequent contacts with tourists and members of the community. (2) Police officers should make a special: effort to contact the community of Minturn, especially those individuals who are service officers in Vail. (3) The Police Department should work on developing a positive attitude toward the police by young people. (4) To encourage high-school age young people and adult residents to ride along with officers and become better acquainted with the Vail style of policing. GOAL #2: To develop police performance oriented toward solving individual and community problems, and to broaden the spectrum of problems being addressed by the police. OBJECTIVES: (1) To reach out to junior and senior high school students to identify problems which can be solved before they become police matters. (2) To communicate to the adult residents of Vail that the Police Department encourages them to bring emotional and family crises to their attention before they get out of control.. (3) To help people with problems which they encounter on the street, such as a broken-down car or tourists seeking information. 0 (4) To endeavor to leave each person contacted with a positive attitude toward the Department. GOAL #3: To work closely with other departments of city govern- ment in the achievement of overall city goals. OBJECTIVES: (1) To engage in periodic communications with the city manager and city department heads so as to understand the changing goals and objectives of the Town of Vail. (2) To establish participatory management within the Department and to work.with the Chief in the formulation of Police Department goals. (3) To engage in a two-day retreat annually for all Police Department personnel so as to review the degree to which the past year's goals and objec- 40 tives were accomplished and to set the goals and objectives for the coming year. (4) To become better acquainted with the changing problems of the Town of Vail -- acting as the eyes and ears of the Town government -- and to participate with Town officials in solving current problems and developing future plans so that this information is fully utilized by Town government. (5) To look for opportunities to improve the performance of Town government generally and of the Police Department and, with the approval of the Chief, to engage in special studies and projects where an officer perceives a need. GOAL #4: To maintain the quality of existing law enforcement skills and to develop new law enforcement techniques. Also, to encourage inter-departmental exchanges so that Vail can learn from neighboring police departments. -2- i ' t ,F i P i . GOAL #5: To encourage growth on the part of the officers and to assist officers to maximize their career potential. OBJECTIVES: (1) To provide training consistent with the goals and objectives of the Department. (2) To develop career objectives for each officer and to assess the officer's performance annually based on objectives which the officer has per- sonally developed. (3) To provide opportunities for job rotation with other areas of Town government so that the indi- vidual can see how his-work fits in with the overall picture. (4) To build close communications among members of the Department, between the officers and his Chief, and between the Department and the Town . government. (5) To provide a-clear image of the Vail style of policing to the outside world, so as to: (a) attract new officers who are compatible with this approach; and (b) to encourage other communities to look to Vail as a source of chiefs and management personnel. GOAL #6: To keep the organization as flat as possible and mini- mize managerial and supervisory roles. innovation and initiative GOAL #7: To encourage diversity/among the officers of the Department and to reward diversity. This means that the Department will develop performance evaluation approaches which do not tend to force the officers to perform their duties in the same way. box loo Vail, Colorado 81657 • 303+476.5613 February 20, 1973 Dr. Robert W. Pennak. Department of Environmental Biology University of Colorado Boulder, Colorado 80302 Dear Dr. Pennak: Per our telephone conversation, the Town of Vail is currently engaged in an analysis of our water and sewerage treatment capacities and needs in the Gore Valley in both the short and long term. The data from this study will be used as a basis for an environmental impact statement and policy for growth to be formulated by the city. The institute of Arctic and Alpine Research at Colorado University is presently working with us on the development of eight environmental maps (Geology, Geomorphology, Soils, Vegetation, Hydrology, Climate, Wildlife and Hazards). We hope to have a field team in Vail this summer to collect data. I envision your role as one of a consultant, particularly in the field of limnology. Your imput will support and be of supplemental benefit to the NASA team, but also bear the added responsibility of providing technical assistance for our immediate projects of expansion of our water and sewer facilities. I'm looking forward to meeting with you on Saturday, March 3rd at 10:00 a. m. at the Vail Municipal Building. At that time we will discuss our programs, fee structure, and time frame in detail. Sincerely, Terrell J. Minger Town Manager TJM:lh 10 =%?Wo *M0 log 0, GO- Formerly: Eagle Piney Water Protection Association 0 COLORADO RIVERS COUNCIL P. O. BOX 1815 ASPEN, COLORADO 81611 303/925-3055 February 9, 1973 The Honorable John M. Dobson Mayor, Town of Vail and Board of Trustees Town of Vail Vail, Colorado Gentlemen: 1 am interested in knowing whether the Board has decided how to split up the $16,000 that is in the Budget for "Donations to organizations". I was planning on bringing this up in person at the last Town meeting, but got hit by the "Vail Bug" and I didn't think 1 would be able to sit still long enough to ask anything. Respectfully, COLORADO RIVERS COUNCIL Robert E. Gar Jr Vice Presid t, Dir ctor 0 RE G/sw VAIL OFFICE: DENVER OFFICE: P. 0. BOX 129 4260 E, EVANS AVE., VAIL, COLO. 81657 DENVER, COLO. 80222 303/476-5940 303/758-2266 t - a r E • UNIVERSITY OF COLORADO INSTITUTE OF ARCTIC AND ALPINE RESEARCH BOULDER. COLORADO 80302 Mr. Terrell J. Minger Town Manager Box 100 Vail, Colorado 81657 Dear Terry: 9 February 1973 Enclosed are the Tahoe Study reports on Limnology, Vegetation, Recreation, Cultural and Historic Sites, Shore-Zone System, Housing Study, Wastewater Collection and Treatment, Grading Ordinance, Land Use Ordinance, Subdivision Ordinance, and Shoreline Ordinance. Also enclosed is a summary of INSTAAR's current research activities in montane Colorado as well as a copy of a Progress Report to NASA written last December and mailed in early January. I am currently writing a renewal proposal to NASA which requests that the level of funding for the second year of the NASA grant be made equal to that of the first. The reason for this is that NASA establishes a stepped scheme of funding for three year grants whereby Year 2 has 2/3's the budget of Year 1 while Year 3 has 1/3 of that of Year 1. In this way, NASA can continue or terminate programs by granting or denying the renewal proposals. If a renewal proposal is refused for Year 2, then the institution involved usually takes the funds allocated for Year 3, adds them to Year 2 and terminates the pro- gram at the end of the second year. It is unlikely that we will be among the universities which NASA intends to cut from the program. In fact, it has been hinted that we are among the most productive groups. In any case, I wish to make the Vail study discussed last December the nucleus of the renewal pro- posal. I deliberately avoided mentioning details of a proposed study at Vail in Progress Report 2. If you don't object I would lute to describe our meeting of last December and list you as the person in charge of the data user group, i.e. the person to whom the data, study recommendations, etc, would be given. NASA insists that studies be done for user groups who want, need, and intend to apply the data de- rived from these studies. Mr. Claude D. Peters of the State Land Use Commission was this person for the initial three-year grant and is also the person named in this category for the ERTS-B Avalanche and Landslide proposal mentioned in a previous letter. Incidentally, if you are interested in examining a complete copy of the ERTS-B proposal, one was sent to Ed Browning and Fred Trevey who are listed as Scien- tific and Administrative advisors in that proposal. Terrell J. Minger 9 February 1973 Page Two Let me know if you have any questions or comments regarding • the renewal- proposal.- • I'll send you' a copy when it, is, complete. ' • Sincerely yours, ?e 4 '?, -. - t, ? Richard F. Madole Remote Sensing Projects Coordinator RM/ad • 0 re?reat,' 0 ?t box 1 oo • vaiI, col ofado 81657 • 303. 476-561 3 BIGHORN ANINEXATION.FA.CT,SHEAT GENERAL SERVICES. The following is a summary of major-services which' are currently in full or limited availability to the Bighorn area. Included in this report are the types of services provided by the Town of Vail that would become available now or in the future to the residents and property owners of Bighorn. (1) Full Availability of Services (a) Water: Supplied by two separate districts. (b) Sewer: Supplied by Upper Eagle Valley Sanitation District. (c) Road Maintenance: Snow plowing and grading accom- plished by Eagle County. (d) Fire Protection: Furnished under contract with the Vail Fire Protection District. (e) Schools: Under the Administration of Eagle County School District. (f) Tax Collection: Accomplished by County Tax Assessor office. (g) Welfare Program: Administrated by County Welfare office. (h) Electrical Utilities: Supplied by Holy Cross Electric. With no requirement for undergrounding of lines. (i) Telephone Services: Supplied by tilountain States Telephone Company. With no requirement for undergrounding of lines. (j) Solid Waste Disposal: Individual contract with Eagle County Trash Company. (k) Medical Care: Provided by Vail Clinic. -2- (2) Limited Availability (a) County Subdivision Regulation.:. Limited enforcement due to lack of professional staff, by the County Planning Commission'. ' Health -Service': •Wat.er atd. sewer .standards enforced by pact-time County Sanitarian. • (c) Building Control: The quality of construction is enforced on a marginal basis by the State Housing Authority on structures consisting of two or more living units. (d) Legal Services: One Assistant District Attorney who handles the entire legal needs for Eagle County. (e) Law Enforcement: Limited patrolling by County Sheriff Department. (f) Planning Service: The County has hired a County Planner who will create the County planning program. Since the County has had no previous planning program, the impact of the planner can not be expected for some time in the future. (3) Services and Benefits Available upon Annexation (a) Police Protection: Pull 24 hour Police Department with a staff of fourteen trained personnel charged with the responsibility of maintaining a quality level of public safety. z. (b) Maintenance of Streets and Roads: A fully equipped 7 man department responsible for snow removal, street paving and repair, street lighting and a variety of other related functions. (c) Protective Inspection: The Building and Zoning Department enforces all municipal zoning and building codes through the issuance of permit, plan checking and on-site inspection of all construction within the Town of Vail. All department staff members have extensive profes- sional experience and are able to provide the consumer and builder the added benefit of duality control in design and construction. -' -1 {d} • • -3- Administrative Services: A professionally oualified staff administrates all functions of municipal government within the Town of Vail and its affiliated improvement districts. Of key • importance are the following position's: Town Manager Financial AdmiIiistration Legal Administration Public Works Administration Planning Town Clerk (e) Cable Television: All territory within the Town boundaries must be served by the local cable system which is franchised by the Town of Vail. (f) Representation: Onced annexed, all qualified residents have the right to vote in all munici- pal elections as well as hold the variety of elected or appointed offices, thus assuring more immediate participation in the direction of local government. (g) Home Rule Community: The Town of Vail, as of September, 1972, has been guided by the provision of its new Home Rule Charter. The Charter provides greater legislative and financial flexibility thus enabling the Town Council to guide the destiny of the community more precisely. (h) Recreational Amenities: Upon annexation the new territory will be able to participate in the activities of the Recreation District. This district coordinates the construction and opera- tion of the community's recreational facilities such as the golf course and tennis courts and skating rink. (i) Landscaping and Green Belt Program: The Town of Vail through its intensive landscaping program insures the continued improvement of the visual beauty of the community. Under the Green Belt Program, the Town administration actively seeks to maintain ample open space to enhance the environ- mental quality of the community. (j) Environmental Control: The Town of Vail is contin- uously seeking to maintain and improve the quality -4- 0 of the community environment. To this end, municipal government provides a variety of control over future development through its Planning Commission. The Sign Review Board oversees the design and placement of.all signs within the community. ?Iealth codes are enforced by ,the Town. Sanitarian.. 'the Liquor' Licensing , . Authority is responsible for insuring high standards-of oneration of all liquor dispensing establishments. The ultimate benefit of these controls is to insure the property owner that his investment in the community will be substan- tially enhanced. (k) Comprehensive Planning Program: The nature of Vail's expansion in the past few years has prompted municipal government to take a hard and critical look at the future growth of the community. A highly qualified planning team has been assembled to analyze the present trends, problems and needs of the community. The outcome of this analysis will be a series of suggested alternatives which will be used to guide the growth of the. Town. Current studies that are underway include such areas as: water resource study, recreation and amenities study, traffic, parking and mass transit planning, green belt and park plan, bicycle path and hiking trail study, environmental impact study, and landscape plan. (1) Educational and Cultural Development: municipal govern- ment is active in encouraging greater opportuni- ties for its residents to develop and stimulate their intellectual abilites. Such activities as the Vail. Symposium, the Summer Vail Workshop, public access television and the Vail Institute and the Vail Library are all projects which the Town of Vail is currently supporting with funds and staff assistance. 0 POINTS TO 'BE CONSIDERED IN 'THE" 'BIGHORN ANNEXATION, 0 (1) Sales Tax. The Town of Vail presently benefits from a substantial sales tax revenue base, generated by the intense density of com- mercial retail establishments. It should be noted that the annexation of BigHorn will nearly double the present size of the Town, which would have the following effect on sales tax revenues. (a) The BigHorn area at this time has minimal commercial-retail base. Consequently, the Town of Vail's sales tax revenues will be spread over a larger area. However, financial projections indicate that BigHorn will be financially self-sustaining in that municipal expenditures will be in line with general tax revenues generated in the area (see memorandum.concerning financial implication of BigHorn annexa- tion to Town of Vail). (2) Voting Population. The annexation of BigHorn would add approximately 350 registered voters to the Town of Vail's voting population. The potential exists for a shift in the voting trends of the community. (3) Growth Controls. From the developer's perspective, the impact of annexa- tion will, in most instances, directly affect development plans. The Town of Vail is presently in the process of reassessing the scope of its control over density, land use, architectural design, parking, landscaping, amenities, transportation and other municipal services. The developer should be aware of these impending changes and be prepared to justify his project in more detail than has been required in the past. (4) Water and Sewer Management. The Town of Vail must be prepared to assume the finan- cial and management obligations of all water and sewer districts within the annexed territory. This will allow for the consolida- tion into one district, thus enabling unified management and control. However, control in the past of these districts has been under the supervision of development organization. Consolida- tion could have an impact upon the developer's flexibility in servicing a particular project. On the other hand, the Vail Water and Sanitation District would have to assume an increased financial obligation. (5) Insurance Rates. Upon annexation, insurance rates would be, in all likelihood, lowered in BigHorn because a fire station would be located in the area. (6) Hbuszng. At the present BigHorn supplies a substantial employee housing inventory for the Town. It should be noted that zoning and development controls could have an adversive impact upon this type of housing stock. Development control could potentially increase building costs so as to inflate rent or house payments beyond the financial means of the typical employee. (7) Annexation Time Schedule. The annexation of BigHorn is by far the most complicated annexation proceeding attempted to this point by a citizen group and the-administrative staff of the Town of Vail. A four step process must take place in order to complete the annexation pro- cedure. 1. Petition must be prepared, circulated and signed so as to determine whether a vote will be necessary. 2. Land use studies must be conducted to determine the most suitable zoning configuration for the territory. 3. Negotiation must take place between BigHorn property owners and the Town of Vail to establish zone districts. -2- 4.''The'Town'Council,must ratify the annexation • petition or annexation vote. Inherent in this complex task is the need for detailed study and negotiation, which will have an obvious impact upon the time needed to actualize the annexation. Secondly, negotiation cannot proceed between land owners and the Town until the Town's new development ordinances have been adopted. Thirdly, the number of property owners who must be contacted are extensive, thus necessitating a greater time period. In general, the point must be emphasized that this particular annexation cannot be accomplished overnight and, in all likelihood, will take a period of four to six months to conclude. • ot',? of ua i box loo • Vail, Colorado 81857 • 303.478-5$13 . BIGHORN ANNEXATION FACT SHEET - FINANCIAL 1. Resident of Town of Vail nays 57.45 mi11•s--or $8..7•.45 pe'r $1,000 of assessed valuation. 2. Resident of Bighorn pays 99.55 mills or $99.55 per $1,000 of assessed valuation (because of Upper Eagle Valley Sani- tation District). 3. If annexation occurs, Bighorn residents will pay 9.40 additional mills (4.00 for Recreation District and 5.40 for Town of Vail); this will result in an average tax. increase of $65/yr, per property taxpayer. • ?I • MEMORANDUM TO: Terrell J. Minger, Town Manager 12/28/72 Jim Lamont, Administrative Assistant FROM: Stan Bernstein, Director of Finance RE: Financial Implication of BigHorn Annexation to Town of Vail Year 1. Five Year Schedule of Projected Revenues Projected Mill Tax Sales Misc. Assessed Levy Revenue Tax Revenue Valuation Produced Revenue Produced ............... Produced 1974 2.5 million 5.4 15,000 7,000 3,000 1975 3.2 million 5.4 17,000 9,000 4,000 1 4.0 million 5.4 24,000 12,000 5,000 1 5.0 million 5.4 30,000 14,500 6,000 19 6.0 million 5.4 36,000 17,000 7,000 Total Revenue 25,000 30,000 41,000 50,500 60,000 2. Five Year Schedule of Projected Direct BigHorn Expenditures. Public Year Safety 1974 13,000 1975 15,000 1976 20,000 1977 20,000 1978 28,000 Public* Works 15,000 18,000 24,000 33,500 35,000 Total Expenditures 28,000 33,000 44,000 53,500 63,000 *Assumes the addition of 1 additional patrolman, 1 public works maintenance man, and necessary vehicles and equipment. r? MEMORANDUM TO: Terrell J. Minger, Town Manager 12/28/72 Jim Lamont, Administrative Assistant FROM: Stan Bernstein, Director of Finance RE: Financial Implication of BigHorn Annexation to Vail Metropolitan Recreation District 1. Five Year Schedule of Projected Revenues. Projected Mill Tax Year Assessed Levy Revenue Valuation Produced 1974 2.5 million 4.0 10,000 1975 3.2 million 4.0 13,000 1976 4.0 million 4.0 16,000 1977 5.0 million 4.0 20,000 1978 6.0 million 4.0 24,000 2. The projected revenue (above) could service debt on a $250,000-$300,000 bond issue. 0 MEMORANDUM To: Terrell J. Minger Date: December 28, 1972 From: Lawrence B. Robinson Subject: Annexation of the Bighorn Territory " V'ai^ious residents *of the Bighorn area have recently expressed an interest in annexing their property-to the Town of Vail. =There are various el?gibilcty• requirements which diredtly affect any consideration of the annexation of this territory or any other property to the corporate boundaries of the Town of Vail. The eligibility requirements are essentially as follows: 1 . one--sixth of the perimeter of the area proposed to be annexed to the Town must be contiguous with existing Town boundaries (this measurement excludes public streets, waterways or streams); 2. there should be a community of interest existing between the municipality and the territory proposed for annexation; 3. more than half the adult residents of the area proposed for annexation must be making use of municipal facilities and services; 4. there should be no physical obstacles that make it impractical to annex the territory proposed for annexation. The Bighorn area, which is the subject of the contemplated annexation, meets all of the.basic requirements for eligibility; however, the requirement of the perimeter being contiguous to the boundaries of the Town will require a series of annexations to ultimately include the most remote part of Bighorn. I would propose that a map be prepared to graphically demonstrate how many parcels of land must be separately annexed in order to eventually embrace the extremities of the Bighorn territory. Once we have determined the geo- graphical segments, we can then determine what steps must be taken to annex each parcel of land. The Municipal Annexation Act of 1965 provides that if the landowners of more than 50 percent of the territory to be annexed petition the municipality for annexation and comply with the statutory requirements for same, the Page 2 Memorandum to Terrell J. Minger December 28, 1972 Town Council can determine through one or more public hearings that the territory is eligible for annexation and annex said territory by ordinance. If'the landowners of Tess than 50'percent of the territory propbsed to be :annexed petition the municipality for annexation and 'meet cer'.tain'basic r•equir^ements, an annex?Eion el.6ction may, be held to determine the que'stiori ; of annexation. Consequently, we should determine at the earliest possible date the descrip- tion of each parcel of property eligible for annexation and program a series of annexations, and, second, determine the wishes of the. landowners in each parcel of property to more fully and intelligently evaluate what problems, if any, we should anticipate in attaining our objectives. In making this assessment, we can then more precisely advise the residents of this area of what procedure to follow in completing the annexation procedures. • ?J .1 / - 9 February 14, 1973 The Honorable John A. Dobson Planning Commission Vail, Colorado To the Mayor and Trustees of the Town of Vail: As a member of the Planning Commission for the past six years, I have been honored to serve the town of Vail. If I have been able to help in some small way to make the right decisions in order that Vail may develop with some logic and benefit to all, then I am more than satisfied. I now find, however, that my schedule forthcoming in the spring has become so heavy that I will have to cut down on my community activities. I do not feel that I can serve at both county and town meetings and do justice to the position for which I was appointed. Therefore, it is with regret that I must offer my resignation. At some future date, when time permits, I would like to serve the community once again in some capacity. It has been an exceptional experience to work with so many dedicated members of the area and I wish you all well in future endeavors. Re ectfu11y, David Gorsuch DG/jsm cc: Robert Clark i • tea! AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L MARCH 6, 1973 1 . [In joint session with the Boards of Directors of the Vail Water and Sanitation District and the Upper Eagle Valley Sanitation District.1 Presentation by the Ken R. White Company regarding the survey of Vail area water and sewer systems. 2. Discussion of an ordinance providing for a developmental park and recreation fee. 3. First reading of an ordinance regarding unauthorized parking on private property. 4. First reading of an ordinance regarding garbage and rubbish. 5. Report on locally--originated TV programming. 6. Appointment of a new member to the Planning Commission. 7. Consideration of the minutes of the meetings of February 9 and February 20, 1973. 8. Consideration of an agreement for architectural services on the construction of a transportation center and parking structure. 9. Discussion of a transportation plan - Ginkelvan Day. 10. Acknowledgment of a letter from Rio Grande Industries. 1 r RESOLUTION WHEREAS, the Town of Vail has been in the process of preparing a new zoning ordinance and has scheduled public hearings on the proposed zoning ordinance to begin on or about April 1, 1973; and WHEREAS, the Town Council for the Town of Vail deems that it is necessary and appropriate to temporarily suspend the processing of applications for building permits pending the public.hearings pertaining to the adoption of such zoning ordinance; and WHEREAS, the Town Council feels strongly that-the economic integrity and environmental viability of the Town of Vail must be maintained; NOW, THEREFORE, BE IT RESOLVED that the Town Council for the Town of Vail shall not undertake the review procedure provided for in Ordinance No. 2 (Series of 1973) for any applicants who do not initiate such review on or before April 1, 1973. All applications for building permits subject to such review, initiated on or before April 1, 1973, must be completed within the period of thirty (30) days and the applicant will have an additional period of thirty (30) days thereafter to complete and file with the Building Department all plans and specifications required for obtaining a building permit. TOWN OF VAIL By Mayor ATTEST: Town Clerk FACT SHEET: VAIL PUBLIC TELEVISION .1 `%O%W 0 (1) The purpose of Vail public television is to provide an electronic medium to better inform the general public concerning local issues and events. for (2) The concept of VPT is that program?i+ng is prepared by Vail people (,, Vail people. L+40 04 dot +G C? 0' (3) Vail public television was initiated out of a study commissioned by the the Town of Vail and carried out by the cable television study committee. Members of the study committee included: Stan Hause, Nat Harris, Claudia Pruitt, Steve Jones, Don Kline with the professional assistance of Dan Hillaman from Colorado State University and Bob Sample from the City of Boulder. (4) The scope and potentual of VPT is outlined in a report prepared by the cable television study cottmmitt e. -4 e (5) A volunteer group of seven people has been formed under the direction of Mr. Don Kline to product a series of 12 hour programs to be presented weekly on Sunday evening beginning March 11, 1973. (6) Several members of the volunteer group have had extensive background in television or radio production. These people are providing guidance for the less experienced members of the group. (7) Considerable cooperation has been received from local organizationsn assisting in the produc 'on of VPT's first pr gram. , (8) A series of programs are being considered with the intent of informing the Vail community of complex issues which are confronting the community such asp transportation; police; zoning, and planning. (9) Vail public television is using.on loan television and audio equipment provided by the Town of Vail. (10) At the present time, the Town of Vail television equipment is being used to tape segments on location. All editing must be done in Leadville in facilities temporarily provided by Colorado Mountain College. (11) It is proposed that Vail public television be under the guidance of the Vail Institute. S (12) Funding for the continued operation of VPT in anticipated to be provided through grants from local business and government. Is. (13) The future of VPT rests upon its ability to raise funds to provide for necessary equipment and management cost. An adequate equipment inventory could be acquired for approximately $9,000.00: At some point in the near future, one part or full time staff member should be hired to coordinate the multitude of details that is needed in television production. Finally, minimal funds will be needed to be provided to cover production expenses. PLANNING COMMISSION APPLICANTS Janet Boyd (Submitted letter outlining interest and qualifications) Bill Hanlon Ted Kindel (Submitted letter of interest). Mauri Nottingham (Has indicated that, if the Council views his membership on the Board of Zoning, Appeals and Adjustments as a negative factor rather than a positive one, would be willing to resign from the Board of Zoning. . ) Bill Ruoff Hans Weibel (Submitted letter of interest) • 0 VAIL MUNICIPAL COURT February 1973 DOCKET DEFENDANT CHARGE & DISPOSITION RECEIPTS 36 Tim A. Stone Illegal Parking - Pending 39 Thomas A. Simon Illegal Parking - Guilty $ 8.00 40 Patricia Marinello Illegal Parking - Pending 69 John Murphy Illegal Parking - Pending 71 Carl Schureestedt Illegal Parking - Pending 75 James A. Rosa Assault & Battery -- Dismissed 78 Danny Arguello Fine of $75.00 stayed to March 7 , 1973 85 Jeffrey N. Houston Illegal Parking - Pending 97 Melanie Hyrnyk Illegal Parking - Guilty $ 8.00 108 Timothy Reuling Expired Safety Sticker -- Pending Failure to Appear - Pending 122 Dollie Shaw Parking in Fire Lane - Dismissed 126 Dan Livingston Illegal Parking - Dismissed 127 Lawrence Benway Illegal Parking - Not Guilty Failure to Appear - Dismissed 138 Ronald Riley Illegal Parking - Guilty $11.00 Parking in Fire Lane - Guilty 140 Paul Clark, Jr. Illegal Parking - Pending Failure to. Appear - Pending 141 Rudy M. Vigil Drunk & Disorderly - Guilty $40.00 142 Elvin C. Bland Indecent Exposure - Pending Failure to Appear - Pending 143 Robin J. Gardner Larceny - Guilty $45.00 144 Hubert Karmeisool Drunk & Disorderly - Guilty $40.00 145 Francisco Gonzales Trespassing - Guilty $40.00 r . r ? DOCKET 147 148 149 150 DEFENDANT Pamela A. Wedlake David H. Hannah David M. Coe Terry Van Schwartz 151 Jennifer Kathol 152 Charles Alexander 153 Marie Koecher 154 155 Znge Wyatt 156 Parry McRae 157 Linda Rudd 158 Steven Szymanski 159 Peter T. Smith 160 Fred Simpson 161 Milledge Middleto 162 n Charles Anderson , Jr. Erik L. Madsen February 1973 - 2 I CHARGE & DISPOSITION RECEIPTS No Safety Inspection - Guilty $ 5.00 Speeding - Guilty $10.00 Speeding - Guilty $10.00 No Safety Inspection -- Pending Failure to Appear - Pending Speeding - Dismissed Careless Driving - Pending Special Hazards - Guilty $15.00 Parking in Fire Lane - Dismissed Illegal Parking - Pending Illegal Parking - Pending Illegal Parking - Guilty $11.00 Illegal Parking - Pending Blocking Driveway - Pending Illegal Parking - Pending Illegal Parking - Pending Illegal Parking - Guilty $ 3.00 Receipts for February 1973 are included with this report. Also included is $105.00, fine and court costs collected in the People vs.. William Menter and held as appeal bond in Eagle County Court. The appeal was dismissed. The total amount is broken down as follows: Traffic Fines: $61.00 Other Fines: $245.00 Court Costs: $45.00 TOTAL: $351.00 .M Catherine L. Stone, Clerk JAMES REAM AND ASSOCIATES INC ARCHITECTURE/ INDUSTRIAL DESIGN 243 KEARNY STREET 'SAN FRANCISCO CALIFORNIA 44108 (415) 989-2616 27 February 1973 0 Mr. Terrell J. Minger Town of Vail Box 631 Vail, Colorado 81657 Dear Terry: I am enclosing with this letter our up-dated proposal for providing architectural services for the design and construction of the new parking and transportation terminal facility to be con- structed at Vail . This proposal is based on the major revisions to the previous design as dis- cussed with you and the planners during the past few weeks. While we believe our original design would have made an excellent facility, this new direction toward making the structure virtually non-visable behind landscaped earth forms should fully satisfy any community con- cerns about size or appearance. It should be noted that the use of a subterranean scheme will increase project cost somewhat due to the necessity of providing mechanical ventilation and fire sprinkler systems. I feel, however, that this added cost will be considered a good investment by the Vail community in terms of offering a very high degree of concealment of the parking structure. In addition, operating costs will be somewhat reduced due to reducing the amount of snow removal re- quired on the lower levels. We and our consultants have estimated the amount of our previous work which we can util- ize in developing this revised scheme. We conclude the following: 1 . While we will be unable to utilize any of the previous drawings prepared for the project, there has been valuable knowledge accumulated on the problems to be solved and the design parameters involved. 2. We estimate that we can reduce our fees for the parking structure schematic design by 50/c and on design development by 25%. 3. Since the projected scheme for the transportation terminal is different in both design and location from the original proposal, we are essentially beginning again on this segment. How- ever, we will credit 25% of schematic design to this portion of the work.due to familiarity with its requirements. Note that this work had only proceeded through schematic design during our. previous services. 4. Our structural engineers will reduce their fees by 20/a for the parking structure. 5.The research performed by our mechanical engineers on snow removal can be utilized dir- ectly with adjustments made for the difference in quantities involved. The overall costs of mechanical design will increase however with the addition of ventilation and sprinkler systems. Mr. Terrell J. Minger 27 February 1973 Page 2 0 6. Allowing for the above credits our fee for the total parking structure through completion of construction would be reduced from 4.85% of construction cost to 3.95% and on the transportation terminal portion from 9.65% to 9.29%. The enclosed agreements reflect these changes. If this proposal meets with your approval, please have one copy signed and returned to this office to serve as our agreement and, unless otherwise instructed, as our notification to proceed with professional services. I have left the name of the Owner of the project and the Owner's signature designation blank so that you may insert the proper legal title and the name of the authorizing official or officials. Please let me know if you have any questions regarding this proposal . Very truly yours, James Ream and Associates, Inc. ames T. Ream, A.IQAo enclosures: Standard Form of Agreement Between Owner and Architect, A.I.A. Form B131, April 1970 Edition, 2 copies De?? • • LEAVELL DEVELORMENT COMPANY A SUBSIDIARY OF RIO GRANDE INDUSTRIES, INC. • RALPH WR122EL4 VICE PR6%IOCNT ONE PARK G1;NTRAL, SUITE 1250 1 5 1 8 ARAPAHO E S T R E E T DENVER, COLORADO 60208 P. O. BOX 5482 (Zip 80217) TELEPHONE 3 0 3/ 5 7 3- 8 8 715 February 28, 1973 ?J The Honorable, John A. Dobson, Mayor Town of Va i I Vail, Colorado 81657 Dear John: Enclosed is a plat of the Antholz property. We hereby decline your offer of January 8, 1973 to purchase the entire parcel and mare you the following counter offer: We will sell to the Town of Vail all of Blocks 2, 4, and 5 (the areas marked in red) for the sum of $2,400,000 cash, will convey to the Town of Vail for park purposes the 7.54 acres zoned agricultural (the area outlined in green) and will dedicate the roads (the areas outlined in black) provided: 1 , The Town of Vail pays one-half of the cost of construction of the bridge over Gore Creek on Manor Vail Drive, and 2. The Town of Vail rezones Lots 4 and 5 of Block 3 and Lot 4 of Block 1 as CC 11. This counter offer will remain in effect for your acceptance through March 16, 1973, and if accepted for an additional 90 days for a bond election . We will await your reply. R F/cn enclosures cc: Richard S. Kitchen, Sr. John Amato Charles Gersbach Chris Al I ison Yours very truly, Ralph Frizzell for Leavell-Manor Vail Thoughts on the Conduct of Ginkelvan Day, March 28; Prior to The Day, Ginkelvan will be on display at Covered Bridge Plaza. Kiosk will display the background of the Ginkelvan.; the proposed transportation plan; poster "The Automobile;" and ?????. Person will be stationed at this location to answer questions, point out items of interest and protect Ginkelvan. On the Day at approximately 3:00 to 3:30 the Inaugural Ride will begin. Dignitaries to number 18 will be picked up at points around the Town and driven to the Lionshead bus terminal. A podium and sound system should be set up at this location. A "Traditional" dedication ceremony could then be conducted complete with the breaking of a bottle of something (Ginkelvan property protected at point of impact, of course.) Mayor Dobson and Mayor Lindsay could then each make a short (5-10 minute) dick dedicatory statement. Possibly xxxk music of some sort, properly festive. Following this, several options are available. Something must be done with the dignitaries who are gathered at Lionshead. They could: 1 . just load back up on the bus and go wherever they feel like going; 2. be given a tour of Lionshead by VA or something along those lines; 3. go to a hot wine apres ski party in honor of the Ginkelvan. As farther explanation of the latter, it would seem appropriate to make an aite.,,?x attempt to convince at least Fraiser's, but possibly all who care to cooperate in the vicinity, to dkKbac declare they apres ski to be in honor of the Ginkelvan that day; possibly cut prices; possibly get something from a wine company and just serve it free until it runs out.?????? On the evening of The Day, a cocktail buffet at Lionshead Terminal. Beginning approximately 6:30. Speeches approximately 7:00 or 7:30. Entertainment of a semi-rock folk singer. In order that all people of the Town will feed free to come and yet insure that people will come, tickets might possibly be sold, with an effort made by Mayor's Special Study Committee {?) [r to assure that the "Correct" people are contacted to buy tickets. A certain ?fC number of tickets should be set apart j&fZx for this with the remainder on a first-come, first-served basis. Following this, as it is still early, if it were desired, a more "Select" affier affair could be held. No mention has been made as to whether the Mayor desires to preside over such an event, etc. ('6• C;A (fie ?A A-) A, FACT SHEE'T': VAIL PUBLIC TELEVISION .) %A? (1) The purpose of Vail public television is to provide an electronic medium to better inform the general public concerning local issues and events. (2) The concept of VPT is that programing is prepared by Vail people for Vail people. 4 + "?"3~ (3) Vail public television was initiated out of a study commissioned by the the Town of Vail and carried out by the cable television study committee. Members of the study committee included: Stan Hause, Nat Harris, Claudia Pruitt, Steve Jones, Don Kline with the professional assistance of Dan H illaman from Colorado State University and Bob Sample from the City of Boulder. (4) The scope and potentual of VPT is outlined in a report prepared by the cable television study committ?e. A {„: i e4 - (5) A volunteer group of seven people has been formed under the direction of Mr. Don Kline to product a series of ;i hour programs to be presented weekly on Sunday evening beginning March 11, 1973. (6) Several members of.the volunteer group have had extensive background in television or radio production. These people are providing guidance for the less experienced members of the group. 4., (7) Considerable cooperation has been received from local organizations in assisting in the production of VPT's first program. (S) A series of programs are being considered with the intent of informing the Vail community of complex issues which are confronting the cam,-,Lznity such as, transportation; police; zoning, and planning. (9) Vail public television is using,on loan television and audio equipment provided by the Town of Vail. (10) At the present time, the Town of Vail television equipment is being used to tape segments on location. All editing must be done in Leadville in facilities temporarily provided by Colorado Mountain College. (11) It is proposed that Vail public television be under the guidance of the Vail Institute. (12) Funding for the continued operation of VPT in anticipated to be provided through grants from local business and government. (13) The future of VPT rests upon its.ability to raise funds to provide for necessary equipment and management cost. An adequate equipment inventory could be acquired for approximately $9,000.00. At some point in the near future, one part or full time staff member should be hired to coordinate the multitude of details that is needed in television production. Finally, .minimal funds will be needed to be provided to cover production expenses. AGENDA REGULAR MEETING TOWN COUNCI L OF THE TOWN OF VAI L A PRI L 3.1 1973 1 . Second reading of Ordinance No. 6, an ordinance authorizing the condemnation of certain real estate located within the Town of Vail. 2. Discussion of a request for the granting of a trash franchise. 3. Consideration of proposed new zoning concepts.'. 4. Consideration of a request for approval of a plat of Vail Village, 1Oth Filing. 5. Consideration of minutes of meetings of March 6, March 7, and March 13, 1973. 6. Presentation of annual audit report for 1972. v', Reports from the Town Manager (a) Police Station Remodeling (b) Status of the 5-B area (c) Cable TV Reports from the Town Attorney (a) Pending Litigation 0 40W 10 !8 box 100 • vaiI, col orado 81657 • 303. 476-5613 April 3, 1973 TO: TOWN COUNCIL FROM: PLANNING COMMISSION RE: VAIL VILLAGE IOTH FILING The Planning Commission has reviewed the subject plat and find that all requirements of the Subdivision Regulations have been met. We recommend that the Plat for Vail Village 10th Filing be approved a5 submitted. 4D PL 1NN I NG MP S ION J , M. Ievln dt iV 0 t PETITION We, the undersigned, residents, business owners, and/or persons interested in the welfare of the Town of Vail, by this petition express our concern over the need, desiMbi- lity and the-fiscal responskbility of the Ginkelvans. NAME 4. ?? 5. 17. r? r 61-0" 18. ' 19. 2a. y 21. 2 2 , 23. Q/Vl '2 4 .( ..b4 -rP - 25. ADDRESS l GEC -to -% vw; 1 ` /67-7 /A12c / VA Zak- l 0 U?.; x r A, ?? x 3Sy, b? /G.. A cs-tx- ? l ? I /`??r ox -\)(I Q &57 7, 0 16. a±. `.f32??i IbC ?. • PETITION We, the undersigned, residents, business owners, • • and/or persons interested in the welfare of the Town of Vail, 1 - ' ?: -111, 1 V) , X. ?-"-?Lw V? '/ q (C' ? U.'- D ?' by this petition express our concern over the need, desimabi-- lity and the fiscal responsMbility of the Ginkelvans. ,NAN ADDRESS 7 "VI 10 12. el V s' 14. 15 1^67 17. l9 .. 20. 21. 22. 23.. 24.. . . ... ... 2.5 . so V • • k PETITION We, the undersigned, residents,. business owners, and/or persons interested in the welfare of the Town of Vail, by this petition express our concern over the need, desirabi- lity and the fiscal responsibility of the Ginkelvans. NAME DDRESS ? A A,,_.? ? 111+lr 3 /? ?ppp L? fJ{/CJ? 5. / v 9 J. 13. UG?// ?` ?/2G ?? ?iOdGG? X&,e ? d 14... . 25. mim • r 1 0 r t PETITION We, the undersigned, residents, business owners, and/or persons interested in the welfare of the Town of Vaal, by this petition express our concern over the need, desirabi- lity and the fiscal responsabil.ity of the Ginkelvans. VAME ADDRESS ?r q?' 3 .?? " 9 73 j? 9 Jam//// L _? ch ' 1 l ?- e- ?a4 12. 13. 1.4..... 15. . . . . 1G.. 17. 19 .. 2'0 . 21. ?2 23. 24.... 25. __ -1 AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL APRIL 17, 1973 Conine as the Local Liquor Licensing Authority 1. Consideration of the request of Holly Vail to expand the licensed premises. Convene as the Town Council 1. Second reading of Ordinance No. 7 providing for the codification of ord ina nces. 2. Consideration of preliminary zoning ordinance. 3. Consideration of proposed trash agreement. 4. Consideration of minutes of meetings of March 5 and March 20. 0 r .? LJ AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L MAY 15, 1973 1. Consideration of requests for parking variances from Engelke Architects, Rodney E. Slifer, Shareholders Recreation Programs, Inc., and F. Gaynor Miller, J. Barry Telleen, and Stnaley R. Medsker. 2. Consideration of minutes of meetings of Apri l 3, Apri l 11 , and May 1 . Convene as the Local Liquor Licensing Authority 1. Consideration of a request for a special events permit from the Town of Vai 1. • 0 AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL JUNE 5, 1973 Convene as the Local Liquor Licensing Authority. 1. Consideration of application of Clifford Bruce Hartman for a beer, wine and liquor license. 2. Consideration of application of Otto Stork, Inc. For a 3.2% Fermented Malt Beverage License. 3. Consideration of application of Manor Vail Condominium Association for an expansion of the premises into 1240 square feet of the existing Conference Area. 4. Discussion of proposed reprimand for the Vail Metropolitan Recreation District. 5. Discussion of status of Special Events Permit for the 7th and 8th of June. • Convene in Joint Session with the Planning Commission. 1. Consideration of a request from John L. Tyler, C. Gary Skartvedt, Michael E. Judge, Trustee, and Julian O. Northcraft, Trustee, for the replatting of Lots 3 and 4, Block 3, Vail Village 3rd Filing to the Town of Vail. Convene as the Town Council. 1. Consideration of requests for parking variances from (a) David L. HoU Bann (Sunbird Lodge); (b) Dana C. Rickli (Landmark at Lionshead); (c) Montan, Inc. (Vail International); and (d) Larry Burdick (Red Lion). 2. Consideration of a proposed resolution setting a public hearing for the annexation of the territory commonly known as Vail Village, 11th Filing, to the Town of Vail. 3. Discussion of proposal of A & D Enterprises, Inc. regarding rights to the streets. 4. Discussion of remodeling of old Water and Sanitation Plant. 5. Acknowledgement of resignation of Robert Clark from Planning Commission. 6. Discussion of VRA request for $500 for Fourth of July fireworks. Page 2 Agenda June 5, 1973 7. Consideration of minutes of meetings of March 16, March 29, and April 17, 1973. 8. Discussion of applicability of recreation fee to the Rich project. • CI r-J • 4 Mr. U, try ltubinwin Town Attorney Vasil, Cclarudr> Lieu Mr. Rubimwn: By virtue ut our mcotinkq last munrncr, you ere aware, of the f&ct that I represent Pitxbttgh Sects and `:r. and ,''lm Jo&eph PJCh with rts'pect to their cond%mu=n, projec in VaiL ! have in my pu&.veu. -h)n ,% copy ,5f Ordin4tic:, No. S. rigs of 1913, miaiinn to ft, im,po itu:on nAd C-Affection J mcrL"nti nal iv purpo.iw in writing, in y--,u is to :?bt6n some tact6 taut prim-arby to purist A* you th:.t ftes .houki not be c.uMded with respect to 1h.-,iucrh project. It is my undersmrOing that pppiitatRm for a building pennit was filed with the Town in Dcc mlxr, 1972. The built'Unp, Vzyrnit we wxa paid ,,, the T ,n in 'Feb -iry, 1973. A budding pcrrmit was kiss,, d an Atari! 7, 1973. TN- permit Ren-'d the. 'imposition of approxiw,;?,tely SI0, M) in recrvaWaal fees pu;rsu :nt to t? r yv f,rttimnre. 'rho nrdinancc wr-s introdtwtd,.ra-at, adopted and ordered published on Ntarch 20, 1473. The artlm*nce effect up6n "limst i iii-1, :". AIM t-h the tv.2 rds ae not elit'v:trra dd inw, I prc-s nic that t31F':. a publicahm wouw t", the r-tfective &It* of the ordin tno€ . 4, out4i you pleaw con &r what period 1wvi, required ivr pubUc:ation and when that pertfs,d expsrQu. J V sir. Larry R%-1bkfttm .71 April ll. 1973 Next, could you picaw ccn ? the circumi t nces under. which the of dw building permit was dekiyed. ifz vn the reasioas umiwd to axtc for del:-y, it *f ufd seem as though wow stud k4 attompt wus made w, dciay kwAnw ref tine pennit utttil after "fin-al of orjiwMcd Ko. 5. Ileasc also covaidcr that the pen-nit fea w m acwpW by tht Town Lug before A- vpd-art of the s,rdlm.noz. FiaUiiy, pie€3SO WnsWcr tho p%)SAbiiity tfj# the .- entire gndinance is nncunstitutic-ow , &spiw t : wit-serv* stawnwat of "public boAth, Mfety and w_=h'r ". I "to that dw fec is nett eren cast in the form via deductible tact. After y4ju have given Mew, paints wow vrnsiduadon, c.'ouid y(m ?.iudly call or writo in resp?}nse to dth. iwer. We are, ccruinly not Wgcswd in paying duI we and i tbiwv.. the mutton should be rtsolved WI ore apphc:atioa ismzda for an -occupancy permit. Veal teuty yours, is WFF.Pac CC ; fix. And 'Mrz. IOU-.Ph lucb ;ter. pitrhu?h coil qtr. Gardun Picrcc WILLIA_14 FITZut' ]G I FOX 4 . APPLICATION TO APPEAR BEFORE THE TOWN COUNCIL AND/OR VAIL PLA14NING COMMISSION App 1 i cation Date January 10, 1973 Hearing Date I (We) David L. Hoffmann (representing HSW Associates) of (ApplicanT Hearing Fee 7777 Bonhomme (Address) 0 Missouri Clayton 63105 Phone (314-862-6363) (State) (City) do hereby request permission to appear before the Town Council and/or Vall Planning Commission to request the following: { ) Zoning Change from to (xx) Parking Variance ( ) Conditional Use Permit to allow- 1 n Commercial Core II Zone. For the following described property: Lot 2 Fi'I inq Number Ordinance and Sections being appealed: Ordinance , Block 1 , Series of , Section(s) Clearly state purpose and intent of this application Snowbird Lodge at Lionheadhas a ' parking level (enclosed) beneath the lodge. This request is to allow approximately z4 toot aisles in lieu c 00t and most oarkinci stalls approximately 18 feet in lieu of 19 feet. Because 80% of our parking' is en- closed space and free from the problems of snow accumulation which uses up space, we feel a standard garage -spgLjnr of 18 plus 24 aisle plus 18 feet for a total of approximately 60 feef is reasonable. What do you feel is the basis for hardship in th i s case? The width of the site and the subsequent 14 foot room width module above only allows approximately 42 feet in the garage below Ctrs toot SkII rhLs__9__'_fo0t alslel- V}!p rQg1i7P this type of construction where the buildinci is over the garage is unusual in Vail, but we feel there will be no parking problems because the enclosed, snow-free environment does not reauire extra space for snow accumulation. ' ll!!11//ff/L • Signaturd of Applicant INSTRUCTIONS: David L. Hoffmann, AIA Form-must be submitted in triplicate, and all copies must be signed. 41 A plat map drawn in triplicate to a scale of not less than 200 feet to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land. If the application is for a parking variance, show parking provided, drawn to scale and numbered to indicate the spaces. 3. The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed variance. 4. All information required by the Subdivision Regulations for preliminary plats where applicable. 5. The Town Council and/or the Planning Commission will set a hearing date not more than thirty (30) days from the request for zoning.change, application for parking variance or conditional use permit. 6. "Jot "l es *'7 an `= r ;-een (I5) days prier to the date set for the hearing, the gearing authority snail cause a copy of a notice of the time and place of such hearing to be published once in a newspaper of general circulation in the County of Eagle. All property owners in (3) above shall be notified of said application and hearing. APPLICATION TO APPEAR BEFORE • THE TOWN COUNCIL AND/OR VA I L PLANNING CQMIM i SS I ON f App l i cati cn Date,` I Hearing Date Hearin Fee _ (We) of ?If Fti ?s l e!!'? (App l i cant ?/ (Rcidre s) !" y Phone (State) (City) do hereby request; permission to appear before the Town Council and/or Vail Planning Commission to request the following: ( } Zoning Change from to { Parking Variance ( ) Conditional Use Permit to allow in Zone. For the following described property: Lot Block 1!51 t=? F i I i no Number 1r'f-.a b,. 1_,i??} .1 ??"t 1?ka 1 lr•lr?L? Ordinance and Sections being appealed: Ordinance Series of Section(s) 2rly state purpose and intent of this application 0 12-0 ' `...1-f- Pt.11'F-Li !L-)I--JF What do you feel is the basis for hardship in this case; fir,, ? ? j . ?? . / •4,•?" ; ??. ??. Signature of Applicant I Form must be submitted in triplicate, and all copies must be *signed. A plat map drawn in triplicate to a scale of not'less than 200 feet to the inch showing the land in question, its location, the lenath and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land. If the application is for a parking variance, show parking provided, drawn to scale and numbered to indicate the spaces. 3. The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed variance. 4. All information required by the Subdivision Regulations for preliminary plats where applicable. 5. The Town Council and/or the Planning Commission will set a hearing date not more than thirty (30) days from the request for zoning change, application for parking variance or conditional use Derrnit. 6. Not less than fifteen (15) days prior to the date set for the hearing, the hearing authority shall cause a copy of a notice of the time and p I ace of such hear i nc, to be ,pub I i she" -n cc i n a rie,::spaper of genera 1 circulation in the County of Earle. All property owners in (3) above shall be notified of said application and hearing. :¦ APPLICATION TO APPEAR BEFORE THE TOWN COUNCIL AND/OR VAIL PLANNING COMMISSION .. App f i cat i on Date Hearing Date Hearing Fee V!Z ' t tJ 7? C°1' / y 2 ?? r cz / ofN (Applicant (Address) O U" Phone .?? .? (State) (City) do hereby request permission to appear before the Town Council and/or Vail Planning Commission to re-quest the following: ( ) Zoning Change from to Parking Variance ( ) Conditional Use Permit to allow in For the following described property: Lot, Filinq Dumber Ordinance and Sections being appealed: Ordinance Zone. , Block of Section(s) 0arly state purpose and intent of this application -rb PASMj4)W4:9-N 25V 5-4= , Series Z1 0 Ca What do you feel is the basis for hardship in this case? . ? or- o5ignature of Applicant ?RUCTIONS: - Form must be submitted in triplicate, and all copies must be signed. 2. A plat map drawn in triplicate to a scale of not less than 200 feet to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land. If the application is for a parking variance, show parking provided, drawn to scale and•numbered.to indicate the spaces. 3. The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed variance. 4. All information required by the Subdivision Regulations for preliminary plats where applicable. 5. The Town Council and/or the Planning Commission will set a hearing date not more than thirty (30) days from the request for zoning change, application for parking variance or conditional use permit. 6. Not Less than fifteen (15) days prior to the date set for the hearing, the hearing authority shall cause a copy of a notice of the time and place of such hearing to be published once in a newspaper of general circulation in the County of Eagle. Ali property owners i.n (3) above shall be notified of said application and hearing. t t APPLICATION TO APPEAR BEFORE THE TOWNiCOUNC I L AND/OR VA I L PLANNING COMM I SS I OtS f Application Date April 27, 1973 Nearing Cate ' i I (JIZ) Mr. Larry Burdick of ahl (Applicant Hearing Fee Jtam/ P.O. Box 155 m (Address) -w Colorado , Vail Phone 476-5740 (State) do hereby request p Planning Commission ( x) (City) ermission to appear before the Town.Counci to request the following:. Zoning Change from to Parkina Variance Conditional.Cse Permit to allow in For the following described property: Filing Number First Filing Ordinance and'Sections being appealed: of , Section(s) Lot H & G Ordinance , Sdries C*ly state purpose and intent of this application To acquire a parking variance which would permit an addition to the existing building which is presently well under the F.A.R. What do you feel is the basis for hardship in this case? Present zoning requirements for parking would require 30 car spaces on a Bridge Street property which is nearly inexcessable and very undesireable for the village, due to this zoning requirement an adclit n to e d g uld be impossible ? App I i cant g n a t u{r e t . INcTIONS: I. arm must be submitted in triplicate, and all copies must be signed. 2. A plat map drawn in triplicate to a scale of not less than 200 feet to .the inch showing the land- in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land. If the application is for a parking variance, show parking provided, drawn to scale and numbered to indicate the spaces. 3. The names and addresses of the owners of all properties within 300 feet of any par; of the land included in the aroposed variance. 4. All information reeuired by the Subdivision Regulations for p;-elirninary plats where araiicable. 5. The Town Council and/or the Planning Commission will set a.he'aring date not more than thirty (30) days from the request for zoning chance, application for oarkina variance or ccnditic^.al use perT.it. 5. Not !,?cs than r„n ( 15) 'da`,,s trio, the gale set or the hear i, the hearing authority shall cause a copy of a no•.tice of the time andJ place •of such hearing to be published once in a newspaper of general circulation in the County of Eagle.. All property owners in (3) above ill be notified of said application and hearing. even though the finished project would be under the F.A.R. permitted. 4 Zone. and/or Vail , Block 5A a • r AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL JUNE 19, 1973 Convene as the Local Liquor Licensing Authority 1. Hearing on application of Mary Joyce Senac for a Beer, Wine and Liquor License. 2. Consideration of application of Vail-Eagle Valley Rotary Club for a special events permit. Convene as the Town Council 1. First reading of Ordinance No. S (Series of 1973); Town of Vail Zoning Ordinance. 2. Consideration of an application of Booth Creek Associates for an exception to the parking requirements of the Town of Vail zoning ordinance. 3. Discussion of claims by various parties to rights in the streets of the Town of Vai 1. 4. Discussion of need to appoint members to the Town of Vail Election Commission. 5. Consideration of minutes of April 19, April 24, and June 11-12, 1973. 6. Public hearing on proposed P.U.D. provision for the Sunburst at Vail project. Reports by the Town Manager. a. Proposal from VRA Board of Directors "Community Affairs Committee" b. Proposed remodeling of old sewer plant A--frame t VAIL RESORT ASSOCIATION • VAIL, COLORADO 81657 TO: TOWN OF VAIL TRUSTEES DATE: 6/18/73 FROM: VRA BOARD OF DIRECTORS "COMMUNITY AFFAIRS COMMITTEE" SUBJECT: COMMUNITY PROJECTS In the spirit of cooperative, community improvement efforts, involving the TOWN OF VAIL and the VAIL RESORT ASSOCIATION, the Community Affairs Committee of the VRA Board of Directors requests the consideration of the TOWN TRUSTEES in a joint effort to accomplish the four priority projects under Section I. In addition, the committee solicits the TOWN TRUSTEES consideration of the three special projects proposed under.Section II. Thank you for your assistance. VRA BOARD OF DIRECTORS COMMUNITY AFFAIRS COMMITTEE Bob Parker Don Chaplin Hans Weibel Dale McCall (Ex-officio) • RESERVATIONS & SERVICES 303-476-5677 / CONVENTION BUREAU 303-476.5005 S ECTION I 1. MAP OF VAIL: A. One Color, "hand-out" map to be used for large quantity distribution to public. B. 2-4 Color "souvenir" and "presentation" style map with art work and more information and detail than the "A" style map. The VRA has put approximately $1, 500.00 into the revised art work done by Ken White. Company to up--date and expand upon the previous VRA "Vail Map". This work is now completed. In order to proceed with the lay out and production on both the "All and "B" maps in quantity to fill the need over the next 10-12 months (50, 000 of "A" -- 201000 "B"), we estimate that the total cost of these two map projects will be $7,500.00 (including the $1,500.00 "front money" the VRA has already put into the basic map art). Direct funding from the TOWN OF VAIL in the amount of $3,500.00 would make it possible to accomplish the total project at an early date. Such_ materials would be identified as joint projects of the VRA and the TOWN OF VAIL. 2. OUTDOOR INFORMATION PHONES: In addition to the existing network of 8 outdoor information phones connected to the VRA switchboard, it would be most desirable to add a maximum of 4 more stations in the Village core and Lionshead. The cost of building the mounting boards, map ames, etc., and initial installation of the special, enclosed phones is estimated cost $500.00. The new phones would be located in the Lionshead Plaza, the Lions- head Bus Stop, the Covered Bridge Plaza, and the Post Office. 3. OUTDOOR INFORMATION KIOSKS: We would hope to construct 4 permanent information Kiosks to be located at key pedestrian traffic points in the Town. These information point units would need to be well designed, and constructed in such a manner as to withstand weather and other normal wear-and-tear. Also, we feel these kiosks should be electrified so that information displayed there could be seen at night. The VRA Would be responsible for up-dating the information, announcements, etc. on a regular, scheduled basis. The cost of 4 such kiosks is estimated at approximately $500.00 each, plus an additional $500.00 for wiring and installation. 4. SPECIAL COMMUNITY EVENTS: it the past several years the VRA has functioned as the sponsor for 4th of July, i iilfest, and Winterfest. On several occasions the TOWN OF VAIL has made direct, separate contributions to such events. We would hope that a fund of $1,500.00 could be established by the TOWN to add to the direct funding of such specific activities in cooperation with the VRA. a r -2- In the spirit of this program, it is understood that the TOWN has tentatively approved a $500.00 donation toward the fireworks display scheduled for July 4th. The other $1,000.00 included in this allocation request would be equally divided between "Vail- fest" and "Winterfest" costs this year. Any funding for these projects will be subject to a detailed accounting of expenditures y the VRA to the TOWN OF VAIL at the conclusion of such specific activities or rojects . PROPOSED BUDGET (Town of Vail Participation) 1. VAI L MAPS ("A" & "B" style) $3,500.00 2. INFORMATION PHONES (Add 4) . $ 500.00 3. OUTDOOR KIOSKS (4) $2,500.00 4. COMMUNITY EVENTS (3) $1,500.00 TOTAL: $8,000.00 S ECTION II addition to the specific projects listed above, the following community development rojects are recommended for priority consideration by the TOWN OF VAIL: A - IMPROVE VEHICULAR SIGNING: In the interest of guest convenience, and to minimize vehicular traffic in the area, direction signs indicating the shortest route to key points within the community should be erected at key entrance and crossroad points. Such direction signs should be large enough to be fully visable to oncoming vehicular traffic. B - FLATLANDER (HIKING) TRAIL: The need for a pedestrian hiking trail which does not require radical up-mountain, down-mountain movement is clearly documented. Such a trail could -serve a dual purpose by being utilized for tour--skiers in the winter. It has been suggested that the old flume line starting at the base of Gold Peak and moving east would be a good route for consideration. Both V.A.I. and the Forest Service have indicated their interest in working the TOWN on this general project. C - OUTDOOR AMPHITHEATER: The need for a outdoor amphitheater seating 100- 200 persons has been a topic of community discussion for several years. A natural Gl acility for this function exists at the location of the old golf tee #9 just east of the occer field. With a minimum of landscaping and seating this site could fill the need for the present, and could continue to function with additional 'facilities of this general type which may evolve out of ongoing long-range planning. jt r ? • CC_C?A)0 MC,\--A\ CONTINUING EDUCATION DIVISION June 14, 1973 Mr. John Dobson, Mayor Town of Vail Vail, Colorado Dear Mr. Dobson: In our efforts to serve the people of Vail with various educational programs through the Continuing Education Division, we have been interested in the availability of suitable facilities in the Town of Vail. Randy Milhoan, our representative for Eagle County, has kept me informed of the discussions focusing on the A-frame building at the former sewage plant. Colorado Mountain College is very interested in supporting your think- ing for community education and would like to participate further in the planning for the development of this potential site. We envision being able to provide educational programs in a center devoted primarily to this purpose as we already do in other towns in our service area. Randy has put considerable energy into the very successful Summervail Art Workshops over the past two summers. We hope that these efforts can continue to contribute to the life of Vail. A key factor is a suitable site. If this site were developed properly, it could provide not only summer but also year round space for educational programs. It could house programs not only of the College but also of other community groups. If T can be of help to you in developing plans for this site, please let me know. Sincerely, ate. 1 r C °yyv?? Geo ge tricker Director of Continuing Education GWS/vh c/c Randy Milhoan GARFIELD COUNTY OFFICE- HOTEL COLORADO-528 PINE- GLENWOOD SPRINGS, COLORADO $1 601 -303/945-7495 . w • • L CONTINUING EDUCATION DIVISION TO: John Dobson, Mayor, Town of Vail Jim Slevin, President, Vail Institute George Stricker, Director, Continuing Education Division, Colorado Moun- tain College FROM: Randy Milhoan, Eagle County Representati : RE: Utilization by Colorado Mountain College of old sewage plant in Vail, Colorado. DATE: June 15, 1973 Colorado Mountain College, as major sponsor of the SummerVail Art Workshop, could well utilize the above mentioned property. The workshop has grown from two weeks in 1971 to more than six weeks in 1973, and with a permanent location, could expand to cover the entire summer in the future. Planning of the facilities could benefit from the expertise and advice of the various visiting artists in the summer program. For example, the kiln building work- shop this year could provide several non-polluting kilns that could be used permanently. The building also could be used for permanent facilities for such classes as ceramics, silversmithing, printmaking, etc. Attached, please find a complete list of classes and workshops for the 1973 SummerVail program. All of these classes could meet within the building and on the surrounding property being discussed here. For the fall, winter, and spring quarters, Colorado Mountain College could offer a smaller variety of classes in these facilities. There are several resource people that are qualified to teach for Colorado Mountain College - Peg Malloy, ceramics, Jim Cotter, silversmithing, Randy Milhoan, drawing, and others. Colorado Mountain College could greatly expand the offerings of these types of classes in Vail if we had a permanent facility. An interim quarter workshop utilizing visiting artists, much the same way we do for the SummerVail Workshop could be established on a somewhat smaller scale. This workshop could run over the Christmas holidays and perhaps throughout the month of January. Colorado Mountain College can also provide guest artists throughout the year, such as Larry Clark from Boulder and Dick Smith from Leadville, to give demonstrations or one day workshops for interested child- ren and adults in the area. Suggested utilization of the building would be ceramics, sculpture, and 40 storage on the basement level, storage, printmaking, drawing, and possibly silversmithing and photography on the second floor, and a third floor could be built in to house two offices which could be administered, in part, by Colorado Mountain College and the Vail Institute. The office could provide meeting spaces, record storage, and act as a clearinghouse for information on all cultural activities in Vail and the upper Eagle Valley. Kilns could be constructed inside near the rear of the building and directly behind the building. 0 451 Main Street 9 Sox 117 .• Minturn, Colorado 81645 • 303/827-5665 • C C.000CC) CCCC? . n,V CC - _ CONTINUING EDUCATION DIVISION The way Colorado Mountain College could help directly this summer is by providing man power (instructors, assistants, and students) to help with clean-up and construction, painting, and planning for future use of the facility. On a final note, I would like to suggest a meeting during the last week of July between the 23rd and the 27th, that would bring together participants in the workshop, various decision makers in the town of Vail (Vail Associates, Vail. Resort Association, Town Council., etc.) and interested citizens in the community, which would discuss the future of the SummerVail Workshop and its relationship to Vail Institute, Town of Vail., Colorado Mountain College, etc. I think this would be a very valuable meeting. Thank you. • • • 451 Main Street • Box 117 • Minturn, Colorado 81645 • 303/827-5665 9 7 y tit N " " H C } 7? C!2 ?] m ' n o Cn W Cn rd rd z [7 FtS CJ ?? Cl] rti ??. i r? n C7 'TJ M m m m rD ' 9 , ' C7 t-' ? f% O G G OQ m t't W r i? d rD rD r ri n n rt :5 ?S (u G r. 0 0 a ft " W rn 0 rt W F"- P• H. N n F4 W rt P. rt rt Fi rp' C ,C cn O o (D rat N• W o ^C 'd ? O a r . t ? 0- ? P• w .4 w C - Cl) rt rt (D • ?t w ri rt • n rr rr m OQ OQ Ft rt i W rD ro w "d r; x n r- (0 m N n G CL i n U ro M?J 34 (D ?J rt C) ry > n n (D ( rn (a (n Q" W rt r rn rt r! iu N w D (D '0 ; ?j OQ N In w cn En ' • - H W 0 Cn (n tt rr H. d H F-' 0 ¢• d Q H ( 42 c1 0 H `C `C ? 0 + ? R Y - r4 w H ? ? rt Frt rt ? 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H Gri June 19, 1973 MEMORANDUM i TO: TOWN COUN CIL _ FROMr DIANA TOU GHILL RE: SUNBURST SPECIAL DEVELOPMENT DISTR ICT DENSITY C OMPARISON WITH 1!AIL VILLAGE AND LIONSHEAD VAIL VILLAGE Floor Area Ratio Zone Building Sizes Lot Sizes 1.397:1.0 Commercial Core 1 496,586.00 355,400.00 .612:1.0 Commercial Core 11 44,015.94 65,299.60 ..380:1.0 Commercial Service Center 65,809.00 116,066.00 .960:1'.0 Public Accommodations 581,793.00 604,713.00 LIONSHEAD - 1.246:1.0 Commercial Core 11 708,987.93 569,065.43 .899:.1.0 High Density '.'.ulti- Family, east 271,683.53 302,067.87 N/A Nigh Density i?u I ti - Famiiy, west Ail Phased -- .840:1.0 Public Accommodations 68,523.00 81,203.00 SUNBURST .777:1.0 Development Area A 511,518.00 658,308.00 .215:1.0 Development Area 3 221,352.00 1,031,817.00 .434:1.0 Average Density June 15, 19 73 Mayor John Dobson Members of the Town Council. Town of Vail Vail, Colorado 86157 Re: Sunburst at Vail Dear Mayor Dobson: Royston Hanamot o Beck & Abey Enclosed is an analysis on our part of the suitability of the design and of the completeness of the Sunburst submittal for review by the Town Council on June 19, 1973. In that I am unable to attend the meeting, it seemed advisable that I prepare this analysis to assist in your decision on the project. The analysis refers frequently to Section 13 of the proposed Ordinance, so I suggest that copies of that Section be distributed with this report. Good luck. Sincerely, RO ON, HANA O, BECK & ABEY cool. on tm cc: Mr. Terrell J. Minger Mr. Joseph Clancy Seracuse Lawler & Partners, Inc. Livingston and Blayney Principals: Associates: Landscape Architects: Robert Royston ASLA Patricia Carlisle ASLA Land Planning Asa Hanamoto ASLA Louis G. Alley, Architect Urban Dcsign Eldon Beck ASLA Harold N. Kobayashi ASLA Park Planning Kazuo Abey ASLA Juan Carlos Calderon So Green Street Sao Francisco California 94111 (415)397-0594 • SUNBURST AT VAIL PROJECT ANALYSIS Submitted to the Town of Vail by ROYSTON, HANAMOTO, BECK & ABEY June 19, 1973 • PROJECT HISTORY Early in 1973 the Developers and Architects for the project called "Sunburst at Vail", submitted. preliminary site analysis information to the Town of Vail as the beginning of a continual site development dia- logue with Town officials and with the firms of Royston, Hanamoto, Beck & Abey and Livingston and Blayney, acting as Design and Planning Consultants for the Town. Numerous meetings were held over a period of months culminating in a presentation by the Developer to a joint meeting of the Town Council and Planning Commission on April 19, 1973. At this meeting it was agreed that the density and number of units would reduce by 15%, and that stringent height limitations would be required. On May 9, 1973, a meeting was held in Denver attended by the Developer and his representatives, Town staff members, and the Town ..Design Consultant. The design was again reviewed, changes were re- quested, and the initial draft of the Special Development District Ordin- ance was discussed. On May 18, 1973, a meeting was held in San Francisco, attended by the same participant,5 and the building mass and density allocations were judged to be in accordance with the decisions of past meetings. The Ordinance was discussed with further modifications required. On June 11, 1973, a meeting was held in Denver, attended by the Developer and his representatives, and the Town Design Consultant to review all material being submitted to the Town for presentation on June 19, 1973.. The remainder of this report describes the suitability of the submittal with recommendations and/or observations where considered appropriate. The Ordinance was discussed at the meeting and was judged to accurately reflect language agreed to. In that Article 13, Special Development District 1, of the proposed Town Zoning Ordinance, contains the proper wording describing the. Development Plan submittal requirements, its format in Section 13. 301 Findings, and 13. 302 Content, will be followed. • 1 13. 301 FINDINGS The following findings are to be made before approving a develop- ment plan: 1. Adequacy of Transportation Plan Accommodating Vehicular Movement, Transit and Parking Consultants Opinion: (a) Road System - The road across the golf course requires improvement and the widening and/or reinforcement of the bridge over Gore Creek. The Developer has agreed to these improvements. The improved road will be ade- quate to serve the project. The roadway serving the adjacent residential area must be blocked or restricted to limited access so that there is no possibility of intrusion of new traffic into the residential area. In the Consultants opinion, the Developer should add appropriate landscape and a safe golfer tunnel or other method of road crossing to ameliorate the visual and physical impact of added traffic on this roadway. A plan showing these improvements was not prepared in time for this submittal but has been promised. (b) Transit System - The proposed transit system was described in the Developer's report submitted on April 19, 1973, and in the current submittal. The five--year pro- jection of bus use appears to be realistic and it is probable that a Town-wide and Valley-wide transportation system, either operated publicly or privately, will be in use. A wide spread system may satisfy normal daily use but it seems reasonable to require that major developments have adequate supplemental busing for peak loads, such as morning skier service. The transportation section of the submittal report describes a system in general but does not precisely quarantee the operation of the system. It is imperative that the bus system be implemented. A further specific legal agree- ment seems essential. (c) Parking - The proposed parking is totally covered. This is of distinct advantage to the Town and is a positive step on the part of the Developer. 2 It appears that there is adequate space in the garages for either a self -parking or valet parking system. • Conclusion It appears that the above three elements of the plan can be solved, however, proper and full documentation of acceptable solutions were not available at the time of writing this report. 2. Adequacy of Open Space and Recreation Facilities Consultants Opinion Recreation facilities are well provided within the project, and in most instances, exceed what is normally provided in a pro- ject of this scope. The list of activities is included in the Sun- burst Submittal Report, and are shown on the plans. The pro- ject is deficient in only one respect, and that is the provision of any significant open grass space for spontaneous summer- time sports. The site characteristics prevent this type of facility which must then be provided elsewhere in Vail. There will also be significant impact upon the use of the golf course. Conclusion • The Development provides an adequate range of open space and recreational facilities. Development Area "A" requires 660 cars by the proposed Ordinance. Space is provided for 730 cars, self-parked or 820 valet parked. Development Area "B" requires approximately 300 cars by the Ordinance. Space is provided for 300 cars, self - parked or 350 cars valet parked. The Development Plans submitted for review by the Town do not represent an acceptable solution to the parking. At the meeting of June 11, 1973, an improved scheme was discussed, providing for an interior ramping system and elimination of many of the garage access openings. These improvements will reduce the number of cars parked, .however, the space appears to be adequate to meet Town requirements. Proper plans should be avail- able for presentation on June 19, 1973.. • • 3. Proper Environmental Respect The report of April 19, 1973 and the current submittal contains information pertaining to the following: (a) Soils conditions, geology and stability analysis (b) Existing plant materials (c) Drainage characteristics, hydrologic investigation (d) Avalanche conditions, rock fall hazards (e) Slope conditions, erosive characteristics {f} Soil borings, construction precautions Consultants Opinion The on-site environmental research has been thorough and the resulting site development plan respects the conclusions of the research. The avalanche section of the submittal report states that monitoring of the hillside is currently in process and that Y., .. sufficient data for a fairly definitive analysis of control structures -will'be available during the Spring of 1974. Approval of the pro- ject Development Plan must include agreement as to implemen- tation of control structures prior to any building occupancy. Acoustic information has not been calculated to date. Acoustic influence of freeway on the project, and of the project on the golf course must be documented. If problems exist, corrective measures must be recommended by the Developer. Conclusion With the exception of acoustic information, the environmental analysis is thorough and acceptable. 4 13.302 CONTENT The Development Plan submittal is to include adequate information pertaining to seven specific requirements. The following is the Consultants analysis of the adequacy of the submittal. 1.. Existing contours are shown on the plans.. Proposed contours have not been completed as of this writing. It is essential that they be shown. However, it ig the Congultant recommendation that this information be accepted at a later date. The grading problems appear to be solvable but must be properly documented and submitted to the Town. 2. The site plan is adequate in showing proper locations and dimensions of buildings, landscape areas, recreation facilities, pedestrian plazas and walkways and service areas. The modi- fied plan showing revisions to off street parking and loading areas is to be available on June 19, 1973. A successful solution is probable. 3. The preliminary landscape plan is essentially adequate. How- ever, a revision to the size and character of the large swimming pool between buildings A and C was considered essential, and this portion of the plan is to be revised. A successful solution is probable. 4. Preliminary building elevations, sections and floor plans are adequate. The proposed materials of stucco surfaces, wooden balconies, dark glass and frames, and dark red/brown pavers on the terrace is acceptable. The general scale and appearence of the proposed development is understandable and of low enough height to be well buffered by tree planting. 5. The transportation submittal is fairly complete, although the parking solutions require modification. This subject has been described earlier in 13. 301(1). 6. A plan of off -site improvements has not been included in the submittal. This requirement must be satisfied. 7. Architectural models have been submitted. 5 GENERAL COMMENTS L 1. Sections 1 3. 400 through 13. 710 describe the project limita- tions in detail. The building heights are slightly higher than were agreed to in the Council/Commission meeting of April. 19, 1973, however, the slope of the hill and off -site drainage requirements have dictated this variation. After careful and intensive work with the Architect, the writer is of the opinion that the heights, massing proportions, and arrangement on the site is a realistic and successful solution to the design problem. 2. Further coordination design work between the Developer and Town staff is necessary to achieve a successful solution to modifications of the golf course. Existing golf course parking must change. It appears possible to park 8,0 cars (approximate) near the Clubhouse and the Developer proposes making available space in the Sunburst garage for overflow parking. This pro- posal requires further design study and some type of formal-use agreement. The Sunburst Development Plan shows extensive tree planting along, and on, the edge of the golf course. This planting must not be displaced by a parking lot. 3. Employee housing of 44, 000 square feet was indicated on early plans. The Town opinion is that this is essential. Implementa- tion must be agreed to. 4. Fire safety has been discussed with the Fire Marshall and agreed upon fire access routes are shown in the submittal report. A letter documenting approval from the Fire Marshall must be secured and kept on file. 5. The Town Engineer assures that utility services are all satis- factory. A letter documenting this fact must be secured and kept on file. 6. Along with review of the Site Development Plan, Building "A" was reviewed specifically for preliminary design approval. The submittal was incomplete for full review as follows: (a) Finish grading plan not provided. (b) Project area not defined, related landscape plan required showing recreation elements, trails, earth work, planting and irrigation. (c) Off -site improvements not provided. (d) The parking plan was reviewed and is being modified. 6 The building appearance and palette of materials was considered acceptable. With submittal of a proper parking layout, approval to proceed with site work and foundations would be in order. The total submittal must then be reviewed in detail by the Design Review Board in accord with Article 15 of the Ordinance. • • u 7 OVERALL CONCLUSION AND RECOMMENDATION The Developer and his representatives have been most cooperative in attempting to create a project respectful of the desires of the Town. Considering densities permitted on the site, the project as designed is well sited and can merge with the mountainscape if heavily planted as proposed. Its immediate visual impact will be strong but will soften with a maturing landscape. The height of buildings is such that trees can equal or exceed in height a significant proportion of the buildings. The mix of hotel with condominiums and small. commerical facilities seems workable for the commerical facilities are limited in size and scope and will not be of such size to be considered another Town Center. The recreation facilities anticipated will benefit both the project and the Town. In our opinion, the project can be a satisfcatory one. The various submittal deficiencies are significant but approval could be granted based upon a reasonable time committment from the Developer ds to supplying missing.or modified information. • 8 r_ r AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL JULY 3, 1973 1. Discussion of proposed new zoning ordinance; Mr. Livingston to be present. 2. First reading of proposed new sign ordinance; MUM, - 3. Notice to be taken that- applications have been received for vacancy on Planning Commission. 4. Consideration of minutes of May 15, 1973 and June 5, 1973; 5. Ice Arena Status; 6. Reports from the Town Manager. . b. C. d. e. Kayaking venture on Gore Creek; Annual library report; Cable TV negotiations; and Town Bicycle Program. Discussion of Landscaping and Improvements to Gore Creek Plaza. • j' i AGFATDA for Public Meeting on the VAIL MASTER PLAN July 12, 1973 1. HISTORY OF MASTER P EAN. Process Community Priorities Information Base ; Aerial Photography Town Inventory Design/Day Ski Capacities Public Meetings Parking Inventory Analysis II. VAIL MASTER PLAN. Greenbelt and Open Space Bikeways and Hiking Trails Public Transportation System Regional Transit Authority Recreational Amenities Ice Arena Performing Arts Tennis Tot Lots Recreation Center Community Swimming Pool Town Landscape Plan Pedestrian Precincts Parking/Transportation Center Location Specific Design Elements Entrance to Vail. Parking/Transportation Center Landscape Antholz Land Use Plan III. TRANSPORTATION CENTER/PARKING STRUCTURE. Parking Structure Design and Function Circulation Size Considerations Park and Plaza Concept Window on Vail Transportation Center Bus Depot Rental Cars V.R.A. V.A. Kiosk Coffee Shop Civic Auditorium Multiple Use Size Design Cost IV. Overview Cost Financing Parking Rates Sales Tax Time Frame Bond Election Date Scope 3 Eligibility AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L JULY 17 , 1973 Convene as the Local Liquor Licensing Authority. 1 Consideration of a request from Vail Valley Enterprises (The Place at Vail) for an expansion of the licensed 'premises . 2. Consideration of a request from the Vail Institute for a 3.2 Beer special events permit for August 10, 1973. Convene as the Town Council. 1. Second reading of Ordinance No. 8 (Series of 1973); proposed new zoning ordinance for the Town of Vail. 2. First reading of Ordinance No. 9 (Series of 1973); proposed new sign ordinance. 3. First reading of Ordinance No. 10 (Series of 1973); special elections ordinance. 4. First reading of Ordinance No. 11 (Series of 1973); sales tax ordinance. 5. Public hearing on the petitions for annexation of the territory commonly known as Vail Village, 11th Filing; findings of fact and conclusions. 6. Consideration of request from Vail Associates, Inc. for a conditional use permit to allow construction of a snowmaking pumphouse. 7. Acceptance of resignation of Jim Slevin from the Planning Commission. 8. Appointment of two members to form the Town of Vail Election Commission. 9. Appointment of a new member to the Board of Appeals and Examiners. 10. Discussion of winter shuttle bus program. 11 . Consideration of minutes of June 19 and July 3, 1973. /•T. dJ-?. _ . .. ]fit °" AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAI L AUGUST 7, 1973 • • 1. Second reading of Ordinance No. 8, proposed new zoning ordinance. 2. Second reading of Ordinance No. 10, special elections ordinance. 3. Second reading of Ordinance No. 11 , sales tax ordinance. 4. First reading of Ordinance No. 12, annexation ordinance for Vail Village 11th Filing. 5. First reading of Ordinance No. 13, an ordinance regulating bicycle and pedestrian paths. 6. Consideration of a resolution calling a special election on September 25, 1973. 7. Consideration of a request from Vail Associates, Inc. for a conditional use permit for a snow-making pumphouse. 8. Consideration of a request for a parking variance from Ernst Larese. 9. Consideration of minutes of July 12, and July 17, 1973. 10. Appointment of a new member to the Planning Commission. 11. Public hearing on proposed Town of Vail Master Plan. 40 VAI L PLAN AGENDA AUGUST 7, 1973 • • r? I. VAI L MASTER PLAN Introduction Greenbelt and Open Space Bikeways and Hiking Trails Public Transportation System Regional Transit Authority Recreational Amenities ice Arena Performing Arts Tennis Tot Lots Recreation Center Community Swimming Pool Town Landscape Plan Pedestrian Precincts Parking/Transportation Center Location Specific Design Elements Entrance to Vail Parking/Transportation Center Landscape Antholz Land Use Plan II. TRANSPORTATION CENTER/PARKING STRUCTURE Introduction Parking Structure Design and Function Circulation Size Considerations Park and Plaza Concept Window on Vail Transportation Center Bus Depot Rental Cars V.R.A. V. A. Kiosk Coffee Shop Civic Auditorium Multiple Use S ize Design Cost III. OVERVIEW Introduction Cost Financing Parking Rates Sales Tax Time Frame Bond Election Date Scope Eligibility AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL AUGUST 21, 1973 . 1. Second reading of Ordinance No. 9; proposed new sign ordinance. 2. Second reading of Ordinance No. 12; annexation of Vail Village, 11th Filing. 3. Second reading of Ordinance No. 13; regulating the use of the bicycle and pedestrian paths. 4. First reading of Ordinance No. 14; landscaping ordinance. 5. Consideration of a request from Mountain Bell for a parking variance. 6. Consideration of a request from Ernst Larese for a parking variance. 7. Consideration of suggested fees to be charged under the new zoning ordinance. 8. Appointment of a new member to the Planning Commission. 9. Recognition of the existence of two vacancies on the Design Review Board; appointment to be made September 18. Convene as the Local Liquor Licensing Authbr^ity. 1. Consideration of an application from the Rotary Club for a special events permit. Applicants for the, Planning Commission. Jack Fritzlen ( Planning Commission recommendation) Dudley Holmes Bill Ruoff • 1 Summary of Changes to Sign Ordinance No. 9 after First Readinq Section 1. General Provisions. 3) Definitions . a) Administrator - Administrator will also enforce ordinance. c} Sign 8. Temporary Site Development Sign Added: and may include "model apartment". 10. Flag Shall mean any state or national flag. Section 2, Desiqn Review Guidelines, 8) Added: Lighting should be of no greater wattage than is necessary to make the sign visible at night. 9) Temporary signs other than site development signs are discouraged except for non-profit community events and public information signs which should be located on public information kiosks. Section 5. Information Required on Permits and Certificates. 1) Sign Application Permit c} Added: and paragraph I) Lineal feet of frontage. Section 14. 20) Added: Public information signs. 1) Wall Siqns: Single Business Use. c) Height of top of sign changed from plate line to 25 above average grade. d) Number: Added: With a maximum of two per business. h) Special Provisions: 2) Deleted 3) Basement entrance signs may range in size from 3 to 12 square feet at the discretion of the Design Review Board. Page 2 2) Wall Signs: Individual Business Within a Multi- Tehant Building. b) Businesses with insufficient frontage will be allowed 3 square feet of signs. E U c) Maximum height of top of sign may extend above 25' from average grade. h) Special Provisions: 5) Basement entrance signs may range in size from 3 to 12 square feet at the discretion of the Design Review Board. 3) Wail Signs: Joint Directory Signs for a Multi- Tenant Building. h) Special Provisions: I} Delete paragraph. 2) Delete: 'other'. 5) Free--Standinq Signs: Single Business Use. e) Signs may now be in front setback area. 7) Projecting and Hanging Signs: Single Business Use. b} Size: Three square feet of sign will be allowed for a business with insufficient frontage. c) Top of sign may not be over 25' above average grade. i) Special Provisions: 2) Basement entrance signs may range in size from 3 to 12 square feet at the discretion of the Design Review Board. 8) Projecting and Hanging Signs: Individual Business Within a Multi=Tenant Building. b) Three square feet will be allowed for a business with insufficient frontage. c) Top of sign may not extend above 25' from average grade. i) Special Provisions: 4) Basement entrance signs may range in size from 3 to 12 square feet at the discretion of the Design Review Board. Page 3 • • 9) Projecting and Hanging Signs: Joint Directory, S i cans for a Mu I ti -Tenan# Bu i l d i nq_. c) T'op of sign may not exceed 25' from average grade. 10) Projecting and Flanging Signs: Arcade. e) interior mall changed to arcade. 12) Display Boxes. b) Size reduced to 3 square feet. d) May only have one face. 13) Residential Name Plate Signs. b) Size reduced to .5 square feet. 14) Subdivision Entrance Signs.. b) Size reduced to 20 square feet. 15) Temporary Site Development Signs. b) Sentence referring to multi-sided signs de leted. c) Top of sign may not exceed 25' from average grade. e) Sign may be located in front setback, h) Special Provisions: 1) Deleted. 3) May include "model apartment". 16) Traffic Control Signs for Private Property. g) None allowed. i) Special Provisions: 4) Added: if Town "no parking" signs are used no other sign for the same purpose may be used, 17) Flags, Pennants, Banners and Bunting, b) Size: deleted. Flags: Shall have proportions as prescribed by Presidential Declaration. f) Administrator may approve subject to review of Design Review Board. + h Page 4 i) Special Provisions: 3) Pennants used for advertising must be approved by the Design Review Board. 20) Public Information Signs: Section Added Section Ib. Nonconforming Signs. 2) Continuance of nonconforming signs 'maintained' changed to 'restored'. 3) Termination of nonconforming signs. d) Section added to allow condemnation. • l? L .l - - AGENDA 1 7_j r? REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL SEPTEMBER 4, 1973 1. Second reading of Ordinance No. 14, landscaping ordinance. 2. First reading of Ordinance No. 15, authorizing municipal borrowing. 3. First reading of Ordinance No. 16, supplemental expenditures. 4. Consideration of suggested fees for the new zoning ordinance. 5. Discussion of the Mall Act of 1970. 6. Consideration of a request from Ernst Larese for a parking variance. 7. Discussion of status of cemetery in Vail Intermountain. 8. Report on July voucher list. 9. Consideration of minutes of June 25, June 26, June 27, August 7, and August 15, 1973. Reports from the Town Manager. A. Parking charges. B. Use Tax.. C. A-frame costs for the winter. D. Bond issue fact sheet. E. Day care center. F. Status of Bighorn annexation. 4Choate & Turner Realty Corporation Box 400 • Vail, Colorado 81657 • Telephone (303) 476-2300 is A 29 August 1973 Chief of Police Vail Police Department Vail, Colorado 81657 Ue-.ar Chief Wall: I would like to take this opportunity to express my appreciation for the immediate response your staff provided when I called for assistance in the appre- hension of a burlary suspect in the Bighorn area on 28 August 1973. Within: five minutes of the time I first spoke with your dispatcher: the suspect was under arrest. There was no hesitation or reminder from your staff that they had no obligation to furnish any type police protection in the Bighorn area. The professional manner in which you and your staff conducted the investigation and collection of evidence was highly commeridable. It is gratifying to know that such an unsavory character as this burg- lar is now where he belongs - in jail awaiting trial.. I :Look forward to the time when the bighorn is annexed to Vail and the. services of your fine depart- ment are available to the citizens of the Bighorn on a. full time basis. Sincerely, 19 Harlan E. Choate cc : +-Vail. City Manager Vail Trail box 1aa a vai1, Colorado 81657 a 303.475.6613° MEMO TO: TERRELL J. MINDER FROM: STANLEY F. BERNSTEIN DATE: AUGUST 30, 1973 RE: 3% USE TAX vs 1% SALES TAX ANALYSIS ESTIMATED ESTIMATED 3% 1% USE TAX SALES TAX YEAR YIEI,DS * ?F ,OLDS 1974 200,000 367,000 1975 200,000 424,000 1976 200,000 470,000 1977 100,000 517,000 1978 100,000 558,000 *BASED UPON AVERAGE NEW CONSTRUCTION OF $10,000,000,,f YEAR FOR THE NEXT 3 YEARS AND 5.,000,000/YEAR FO.R THE NEXT 2 YEARS ADDITIONAL COi21ENTS : 1.. Ir THE TOWN OF VAIN DID IMPOSE A' USE-TAX THE -STA'T'E OF COLD AD0 .1,70ULD NO LONGER.ApSINISTF_ OUR SALES- ''AX-AD.DI`IIO?IAL- ADMINISTRATIVE. C -STS -'-WOULD BE $20.,000- $10,00.0 4,NNUAj,LV. 2. THE USE T23N, IS A TE?IVOR:!?_RY SOURCE OF ' REVS, NUE M ie : IT IS DECLTN'I`1G " AS CONSTRQCTION WITHIN Ti? TOW •OF 'VAIL DECLINES. `SHE SALES `SAX LS A GRQWi,,NG SOERC.E OF 'i:.,'WNUE . 3. 'F'ROM YEAR- TO YEAR I°' IS- ?%T EI'CULT TO DUik= 'A USE--TAX AS 0PP0SEED TO A SALES. TAX.. THIS. FACT ;vOULD .USE--TAX BONDS MORE DIFFICULT TO iv??2°KET THAN BONDS BA.C:;.ED BY S -? TA;? .ZEV,;?iU ,S , iw • rI box loo • vall, colorado 81 657 s 303. 476-561 3 MEMORANDUM TO: Town Council FROM: Terrell J. Minger DATE: September 4, 1973 SUBJECT: Suggested fees for new zoning ordinance Section 15.700 Design Review Fee. The following is a suggested fee schedule: The Design Review Fee shall be based upon the project valuation as follows: VALUATION FEE • Under $25,000 $25.00 $25,000 - $100,000 50.00 $100,000 - $500,000 100.00 $500,000 - $1,000,000 150.00 $1,000,000 and over 200.00 Any charge made by an outside consultant shall be borne by the developer or property owner in addition to the above charge. Section 18.300 Conditional Use Permit Fee. Suggested fee: $50.00 to cover the cost of publication, etc. Section 21.502 Amendment Fee. Suggested fee: $100.00 to cover cost of publication and hearings. 41 Section 19.300 Variance Fee. Suggested fee: $100.00 to cover hearing costs and cost of legal publication. AGENDA REGULAR MEETING TOWN COUNCI L OF THE TOWN. OF VAI L SEPTEM2ER 18, 1973 i t 0 Convene as the Town Council 1. First reading of Ordinance No. 17; An Ordinance ratifying and approving a settlement in Civil Action No. 1958. 2. Second reading of Ordinance No. 15; an ordinance authorizing municipal borrowing. 3. Second reading of Ordinance No. 16; supplemental expenditures ordinance. 4. Appointment of two members to the Design Review Board. 5. Consideration of minutes of meetings of July 16 and August 21, 1973. 6. Question and answer period regarding the upcoming special election. 7. Presentation by Mr. Jim Peterson regarding the Regional Council of Governments. Convene as the Local, Liquor Licensing Authority 1. Consideration of a request for the expansion of the premises from Riley Vail Corporation (The Slope). TOWN OF VAI L REACHES SETTLEMENT ON ANTHOLZ PROPERTY The Town of Vail and Leavell-Manor Vail are pleased to announce an out-of-court settlement regarding the Town's purchase of the Antholz. property. The settlement culminates nearly a year of negotiations, legal actions and efforts to reach a mutually-satisfactory agreement. The final settlement, of course, is contingent upon voter approval of the bond issue for the purchase on September 25, 1973. The agreed purchase price for the 37.65 acre parcel of land is $3,'165,000.00. The agreement provides for the transfer of develop- mental data, such as surveys, soil and vegetation studies and topographical maps. The Vail resident will stilt be voting on a $3,000,000.00 acquisition question on September 25. The additional revenues needed to acquire the property can be generated through a slightly higher interest premium on the subject bonds. Some advantages to the public in an out-of-court settlement are that: The Vail resident knows the exact purchase price prior to casting his vote in the upcoming election; There is substantially less threat of litigation following a direct sale than following acquisition through condemnation; Direct sale ownership results in fewer restrictions on future use of the land; There are possible significant savings on additional costs, such as legal fees, court costs, and appraisal work; The possibility of a much higher price in a condemnation award is avoided; The Town wilt have possession of the property in November if the results of the special bond election are favorable. 0 s NOR'T'HWEST COLORADO COUNCIL OF GOVERNMENTS September 5, 1973 TO: Eagle County Municipalities SUBJECT: NWCCOG Representation Eagle County is without a municipal vote on the Regional Council of Governments. In order that the towns be properly represented at the September 20 th meeting which will be held at the Eagle County Courthouse, I would like to suggest the following approach to having a representative designated. Before September 19, each town council designate a COG representative from its membership. These designees will then meet for lunch at 11:30 a.m., Sept. 19th at which time a voting representative will be selected to attend the COG meetings and represent the Eagle County municipalities by voting. A centrally located place to lunch would be Ruben's just EasL of Eagle. This is a "one shot" meeting and understandably it might be difficult for each town to attend. However, the importance of having an Eagle County Municipal vote should not be underestimated and it can be taken care of the 19th if each town attends . To ensure we will not need to meet inconveniently again, I urge your participation on the 19th. The lunch will be by menu choice; however the bill will be taken care of. Sincerely, Jim Peterson Executive Director, NWCCOG JP/jo cc: Va it Eagle Gypsum Minturn Redcliff Basalt L I l AGENDA REGULAR MEETING TOWN COU NCI L OF THE TOWN OF VAI L OCTOBER 2, 1973 1. First reading of Ordinance No. 19; an ordinance providing for the underwriting of the bonds for the acquisition of the Antholz property. 2. Second reading of Ordinance No. 17; an ordinance ratifying and approving a settlement in Civil Action No. 1958. 3. First reading of Ordinance No. 18; an ordinance prohibiting certain acts such as disturbing the peace, unlawful assembly and rioting. 4. First reading of Ordinance No. 20; an ordinance providing for supplemental appropriations. 5. Discussion of proposed agreement with Vail Associates regarding the acquisition of the main parking,lot. 6. Discussion of Town of Vail parking requirements. 7. Report from the Town Manager on the status of day care center proposal. 8. Presentation by Ms. Bosshart and Ms. King regarding sleigh operation. RED LION SITE EXAMPLE POSSIBLE MAXIMUM DEVELOPMENT UNDER NEW ZONING ORDINANCE Lot Size - 13,360 square feet. Setbacks -- None required -- any amount may be required by Design Review Board. Distance between buildings None required if there are no openings None required by Zoning in walls adjacent to property lines. Must be a minimum of 51 (Uniform Building Code) if fire doors and 101 if windows are used. Height - Maximum 351 to highest point unless clock tower, etc. Gross Residential Floor Area - Maximum .8:1.0 or.10,688 sq. ft. Maximum commercial space: Assume maximum building size (1251 x 1001) three stories high = 37,500 -loss gross residential = 26,812. Maximum commercial is not possible, however, because of the require- ment for useable open space below. Total site coverage allowed is 90% or 12,024 square feet. Again this-is not possible because of the Useable open space requirement. Assume that the 10,688 sq, ft. of gross residential floor area is divided into 30 lodge units of 345 sq. ft. each. Each lodge unit requires 100 sq. ft. of useable open space or 3,000 sq. ft. One- half of this must be at ground level or 1,500 sq. ft. r Therefore: Lot size .13,360 Minus Useable Open Space 1,500 Which also satisfies landscaping requirement of 10% 11,860 absolute maximum size of each floor. At 11,860 sq. ft. per floor the total building would be 35,580 sq. ft. Given the odd lot shape, however, this amount will not fit on lot. Only 34,551 sq. ft. will fit on lot. If Uniform Building Code setbacks from property line are considered, the site will accommodate only 27,819 sq. ft. This would require a 101 front setback to allow a front door and 101 side setbacks to allow windows other than wire glass. Maximum according to zoning ordinance shown in red Maximum according to Uniform building Code in conjunction with zoning shown in green. AGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL OCTOBER 16, 1973 Convene as the Local Liquor Licensing Authority 1. Consideration of a request for a 3.2% malt beverage license from Daniel Ellis O'Brien. Convene as the Town Council 1 . Second reading of Ordinance No. 18, an ordinance prohibiting certain acts such as disturbing the peace. 2. Order for re-publication of Ordinance No. 19. 3. Second reading of Ordinance No. 20, supplemental appropriations ordinance. 4. Appointment of the judges and clerks for the November 20 Council election. 5. Consideration of minutes of September 4 and September 18, 1973. 6. Consideration of a request for a conditional use permit for a coin- operated laundry from Levis W. Pennock. 0 0 SALARIES 1973 Colorado Springs Lakewood Pueblo Aurora Bou Wer Eng lewood Grand Junction Loveland Glenwood Springs Aspen Steamboat Mayor 0 per month 500 125 350 O 200 125 50 100 100 75 0 Councilmen O per month 250 100 250 0 100 100 40 75 75 50 9 FORM 984 C.T.-REV. 1965 CITY ELECTIONS CERTIFICATE OF APPOINTMENT OF JUDGES AND CLIERKS Or ELECTION. Y-R -? FOR USE IN CITIES AND jWS WHERE VOTING MACHINES ARE NOT USED.-HpsCKeL CO.. DENVER' 27217 t - 1 11th is to lardirLIl That the following have been appointed by the.------------.. ._ .................. r Town Council the_.------ ,_. Town of Vail _ ................ ......•--•----- ------- (Governing body) (City or Town of) - to serve as Judges of Election: Name ......... Sara_Carton Address. ZZ39d- And- Q1:1-.-Rao'd----------. Name-..__--Kathleen K Eug....-•......._ _._. ....... ...^. Address_.__Lionshe:ad Lodge Name-----.Eve Nott •_.-m-_ Address ---- Spring Hill Lane... _........... . •------------------------•-...--------------...----- --- - -- •......... That the following have been appointed to serve as: Alternate Judges of Election: Name--......E3arbal^ift..HQA -------- .............................. . Address --•---•--- ........... Name----Sharon Welin Addrese_.___ _._.904 W. Red Sandstone Circle William Wilto 885 Red Sandstone Road Name --- -------------------------------------------------------------- ------- Address...------- --------------- ---------•- ....................... -•-------- That the following have been appointed to serve as: Clerks of Election Name-_ _.- Marjorie Alm4r? i ............................ Address------9 Q.R d__ ai?dstnr?e_ tr ..... Name----...Sandra Mills _,_ Address__. __ 900- Red Sandstone Circle -------•...... ----------------- •--------- --------------------- ---•--. ---------------- ----------------- --....--•-----------..... That the following have been appointed to serve as: Alternate Clerks of Election Name. ..-..David Cole .......... .. -. Address -....... 518- Lionshead Circle South ------ - --------------- Name-----..Martha Fl UKIe,n ....................................... Address ...... ._.C,nrp..C . x "4<.-Elr4w?e --------------------- in Precinct No ....................... in the........ -.............. ....Ward (or District), in the. ----------- ...................................... of........................................................ ?......?... ,. Also to Certify That the appointment of all of the above has been made in all respects in accord- ance with the provisions of the Colorado Municipal Election Code of 1965. to Witness Whereof, I .................... ............ ---•--------•-•------------ ....................---•--.--•----• City Clerk of the Towns of ........ .......... _...... _................... ..--._., in the State of Colorado, have hereunto set my hand and official seal, this..... ........................................................... day of----•--•-----------•----...--------------------- A. D. 19.._•--..---- ----__ ......... ....................................... ..--- ---- ---- --------...............Clerk. City or Town. Under the law you hold this office until the next Municipal election or until your successor is duly appointed. " ...... _.._...---- -....... Judge of Election is to call in person at Clerk's office on Monday the.--..-. ..................... day of ----------------------------------------- 19--........ the day before Election to pick up the Election and Registration supplies. *The Clerk will deliver the Election and Registration supplies to .................................................................. Judge of Election on Monday the ............................day of ....... _............... ..................... 19 .......... the day before Election. Judges and Clerks are required to meet at .r .....................................................................in said Precinct on Tuesday, the ..................... •.................................... , 19 ........ the day of Election, before 7:00 o'clock A. M., and qualify as such Judges and Clerks of Election as the law provides. Clerk should make extra copy for filing in his office. *Strike according to fact VAIL MUNICSP.AL COURT September 1973 DOCKET DEFENDANT 0 142 Elvin C.-Bland 150 Terry Van Schwartz 205 Ila Buckley 208 Jeffrey Houston 210 Steve Ruder 220 Maccie Carmony 223 Gregory Franson 224 Jay Portice 225 Robert A. White 232 Mary C. Budler 236 Ralph Sloan 245 Ross Davis 246 Daniel Sargent 247 Craig Tolboe 248 Peter Runyon 250 Richard Spillman 252 Calvin M. Grandy 0253 Dirk Huesken 256 Manuel. Serna 257 Roger Birks 260 Susan Brenden CHARGE & DISPOSITION Indecent Exposure -- Pending Failure to Appear -- Pending No.Safety Inspection - Pending Failure to Appear -- Pending Illegal Parking - Pending Illegal Parking -- Pending Parking in Fire Lane -Guilty Illegal Parking - Pending Illegal Parking -- Guilty Failure to Appear - Dismissed Illegal Parking - Pending Failure to Appear - Pending Illegal Parking - Pending Illegal Parking - Guilty Speeding - Pending Speeding - Pending Failure to Appear Pending No Safety Helmet - Pending No Safety Helmet - Pending Disobeyed Stop Sign -- Guilty Failure to Appear - Dismissed Speeding - Pending Failure to Appear - Pending Illegal Parking - Dismissed Illegal Parking - Dismissed Careless Driving - Pending Assault - Pending Illegal Parking - Dismissed RECEIPTS $10.00 $ 3.00 $ 3.00 $20.00 . September 1973 - DOCKET DEFENDANT CHARGE & DISPOSITION RECEIPTS 261 John Atkins Illegal Parking - Guilty $ 8.00 262 Devon Owens Illegal Parking - Dismissed 263 Eve Elias Dog-at-Large -- Pending 264 Rodney Cain Illegal Parking - Guilty $ 6.00 265 Pepper Etters Parking in Fire Lane - Guilty $ 8.00 (Receipts deposited with the Town on 9-24-73) 266 Sharon A. Robar Illegal. Parking -- Pending 270 David M. Coe Disturbing the Peace - Guilty $30.00 271 'Hans Oberlohr Illegal Parking -Dismissed 272 Charles White Illegal Parking - Guilty $ 8.00 273 Manuel Pacheco Disturbing the Peace -- Pending 274 Guy T. Teeple Drove through Barricades without Authorization - Pending 275 Jane Foster Careless Driving - Pending 276 Nick Benyo Dog Disturbance - Pending Vaccination and Licensing Required - Pending 277 Steven Roberts Theft under $100 - Dismissed To be refiled in County court 278 Dale Eggers Careless Driving - Guilty $20.00 279 Jeffrey Pesola Parking in Emergency Zone - Pending 280 Robert Dugan Illegal Parking - Pending 281 David B. Stevenson Parking in Fire Lane - Guilty $10.00 282 David P. Gentholts Malicious Injury to Property - Dismissed To be refiled in County Court 283 William S. Johnson Speeding - Dismissed 284 Douglass Earl Funk Wrong Way on One-Way - Guilty $15.00 Failure to Appear -- Dismissed R DOCKET DEFENDANT 285 Richard DeJong 285 Steven Hathaway 287 Ellen Jacobson 288 Mark Burton Quinby 289 Robert E. Grady U C".N 4GallN ?.a.. -+.? +.? v CHARGE & DISP#TION Driving through Safety Zone for Pedestrians -- Pending Failure to Appear - Pending Disobeyed Stop Sign -- Pending Failure to Appear - Pending Illegal Parking Guilty Resisting an Officer - Pending Drunk & Disorderly -- Pending Resisting an Officer -- Pending Drunk & Disorderly -- Pending RECEIPTS $ 3.00 Total receipts for September 1973 are $144.00. $8.00 was deposited with f'he Town by the Police Department on September 24, 1973. The remaining $136.00 is enclosed with this report and is broken down as follows: Traffic Fines: $71.00 Other Fines: $25.00 Court Costs: $40.00 TOTAL $136.00 • • Catherine S. Cheney, Clerk • i • box l oo • Vail, colorado 81657 • 303. 476.56 7 3 MEMORANDUM TO: TOWN COUNCIL FROM: PLANNING COMMISSION RE: L,EVIS PENNOCK - CONDITIONAL USE PERMIT DATE: OCTOBER 12, 1973 The Planning Commission has reviewed in two separate meetings the proposal by Mr. Pennock for installing a coin-operated laundry in the basement of the Vail 21 Building at LionsHead. Mr. Pennock has complied with all zoning and parking requirements for the Town of Vail and the Building Department has passed favorably on all technical aspects of his project. With this information in hand, the Planning Commission could find no problems with the proposal and recommends to the Council that the Conditional Use Permit be granted. ti . 0 i 3,11 Aj box i00 • Ya14, cotorado si657 • 303.476-5613 NOTICE OF PUBLIC HE-ARSNG NOTICE IS HEREBY GIVEN TFIAT Levis W. Pennock has applied for a Conditional. Use Permit in accordance with Articl-e 18,. Section 18.400 cif Ordinance 8 (Series of 1973) in order tb construct a coin-operated laundry in the Vail 21 building located on a Part of 'Site B, Vail. Lionshead First Filing. # A'Public Hearing will be held in accordance with Section 21.400. ? of Ordinance No. 8 (Series of 1973) on (??tnhPr l i 071, at 2:00 p.m. in the Vail Municipal Building. Said Conditional Use Permit. application will be heard before the Town of Vail •Plat nix ffl- s Cbmmissioki and findings will be transmitted to the Town Council for the Town of Vail. 'OWN F, V•AI L ?... . . Diana S. Toughill Zoning Administrator j ?, ....,. s c APPLICATION TO APPEAR BEFORE THE TOWN COUN AND/OR VAI L PLANNING COI SS I ON .? ' /AV i cation Date pP?LE?bQh??1 ti? - .. Hearin Date / 17 Hearin Fee ?•c".," F 9 9 I - -f I (we) of? (Applicant (Address) \t.4[,4.L Phone 47ire zz '(State) (City) hereby reque-st'permission to. appear before the Town Council and/or Val.1 anning Commission to request the following: E ? Zoning-Change from 'to E ) Parking Variance (p?!??is?-??QL C? vr? ,j ( ?) Conditional Use Permit to al low in C t?Ju ? (2 A Zone. For the following described 'property: Lot 7VCC- Block FI I'inq Numbei" Fie< t?;?rP7> Ordinance and Sections being appealed: Ordinance , Series of Section(s) Clearly state purpose and intent of this- application'. T? {?lliiE'S 4e` ? h, -.7z What do you feel is the basis for hardship in this case? . S: gna'ture or App I i cani- INSTRUCTIONS: 1. Form must be submitted in triplicate, and all copies must be signed. A plat,map•'drawn •in triplicate to a scale of not less than 200 feet to the inch showing the land in ques'icn. its location, the length and direction of each boundary thereof, 'f',e location and existing use of all. buildings on such land and the principal use of all properties within 300 feet of such land. if the application is for a parking variance, show parking provided, drawn to scab and numbered to indicate the spaces.- 3. The names and addresses of the owners Of all Properties within 300 foot of any part of the land included in "0 VfQvosed variance. 4. Al I Information required by the SQbdi vision R090lations for preliminary plats where.applicable. 5. The-Town Council and/or the Plann63 Cc"*%ission wlII set a hearing ?...- nn+ mnra than th i rtV (30) the f etttara,.+ rhAn::cs. ,.M .?nao 7.nizn.?so?rn nRivr I.I"TTL?TO+`j, COIAItA?? ff01?u _Ijl-?7 -3 ?v 1-112 /471 4 WA /7Z71 JJ t? ? rr? 0 Harrison F. Kepner 252 West Meadow Drive Vail, Colorado 81657 0 October 5, 1973 Mr. Terrell J. Minger Town Manager Town of Vail Vail Municipal Building Vail, Colorado 81657 Dear Mr. Minger: Will you please present the attached letter to the Mayor and Councilmen at the next council meeting, and request that it be read and made a part of your formal minutes. 0 Thank you very much. Sincerely, H. F. K ner HFK:cm Enc. E • r. Harrison F. Kepner 252 West Meadow Drive Vail, Colorado 81657 0 October 5, 1973 Honorable Town Councilmen Town of Vail Vail Municipal Building Vail, Colorado 81657 Gentlemen: One of the owners of Lot #10, Vail Village 2nd written property owners in the area requesting approval for a change in the town covenants to use of their lot, presently zoned residential. This action has greatly concerned many of us a not only adversely affect the enjoyment of our Filing, has their written allow commercial s we feel it will own property, but believe it is in conflict with our community's environmental, growth, and density concerns. We built our nice home in this area because of the protective zoning, and with the belief it would be maintained. The increased traffic in the area is already of concern, and to allow a com-- mercial building across the street would seriously increase the traffic problem, and set a precedent away from the type of community we are all endeavoring to create. And from my attendance at your council meetings, following pro- motion of the Master Plan and recent bond issue, T believe you probably feel the same way, and would ordinarily not consider _a zoning change in this area. But this is not an ordinary situation, as the owner requesting this action is a good friend and fellow councilman. And we all know what he has done in the community, and of his excellent professional care of our family members. But this is strictly a business matter, not an emotional one, and an objective viewpoint is necessary. So although most all of us with residential property in the area are good friends with the people involved, we cannot go along with this change for their business interest, and I have personally discussed this with them. Town of Page 2 October • • Vaal 5, 1973 0 Further, I have been in contact with many of the property owners in the area and 34 residents have actually written of their concern, 33 of whom are against changing the zoning. These signed statements and letters are available to you on request. it is my understanding that the council has not yet received the formal request to initiate zoning change procedures in this regard, but the purpose of this letter is to advise you in advance of the feelings of the area residents, many of whom do not reside in Vail full-time, but are nevertheless owners vitally interested in maintaining an attractive - liveable community. Thank you for your considerations. Your adoption of the Vail Master Plan is commendable and congratulations on the over- whelming support of the bond issue. HFK;cm Sincerely, H. F. Kep er 0 + MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN OF VAI L MARCH 135 1973 A work session of the Town Council of the Town of Vail was convened at 2:15 p. m., March 13, 1973, in the Conference Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Kent Rose, Town Engineer Stan Bernstein, Finance Director Jim Lamont, Administrative Assistant Discussion centered on the various items which might be included in a bond issue. The three elements could be the transportation center and structure, the Antholz property and the amenities needed to make best use of that property. It was noted that if any of the parking structure is to be built by the end of the summer, a decision must be reached by May 15. Addi- tional points of discussion were; 1 . whether the parking structure is integrally tied to a further pedestrian concept; 2. whether it would be wise to have several bond' issues or only one or two, 3. whether it is necessary to decide in advance if delivery vehicles are to be eliminated, at some' point, from the core in order to properly design the parking structure. Mayor Dobson suggested that the transportation solution be viewed in stages- I . the provision of public parking facilities; 2. the elimination of trucks From the core; 3. the elimination of private parking spaces in the. core. The Mayor also suggested that rather than attempt to build the parking portion of the structure this summer an attempt should be made to build the transportation terminal portion. This would open the way to work on transportation systems next year. There was general agreement with this suggestion. Mr. Rose reported that, in regard to the bus system for the valley, Vail Associates has requested thatthe Town purchase 3 of their buses; they will use the money thus obtained to purchase buses for the outside-of-town routes. Mr. Lamont noted that apparently no one has approached Mr. Weibel in regard to buying his P.U.C, license. There was general agreement that . it would not be a wise idea to purchase these buses. Councilman White suggested that work be started immediately on a bond issue to include the Antholz property, the transportation center and the needed buses for the transportation system. After some discussion, it was determined that the Antholz property and transportation terminal would cost appnpximately 7.5 million. An amount this substantial would probably require'an additional cent sales tax. Although the parking structure might generate enough revenues to be self-supporting, this is not certain at present. If there is a charge, it is anticipated that it might be $1.50 per day. There was general agreement that the additional sales tax should be voted on at the same time as the bond issue. In regard to work anticipated for this summer, Mr. Minger noted that some bike paths will be constructed, general landscaping done, the plaza by Gasthof Gramshammer completed and re-paving done in the core. The monies for these projects are already available. • • After some further discussion, the staff was instructed to prepare a resolu- tion calling for an 8 million dollar bond election on April 24. This resolution would be introduced at the meeting on March 20. There was general agree- ment that Dan Herrington should be contacted to act as the fiscal agent. Mr. Ream will be contacted as to the feasibility of completing the transportation terminal portion this summer. In regard to the proposed recreational fee, Councilman Staufer suggested that $1 .00 per square foot of floor area was too high a charge. Discussion ensued of various proposals for the several elements necessary to implement such a fee. Agreement was reached on the following points: 1. in MF and R zones, the fee will be 25 cents per squat4e foot; 2. in shop spaces, the fee will be 50 cents per square foot; 3. in all other areas, the fee will be 75 cents per square foot; 4. public service facilities will be excluded, such as clinics, chapels, etc.; 5. no credits will be given; and 6. the time of assessment will be at the point the building permit_,is issued. From that time, the developer will have 120 days in which to pay the fee. However, no occupancy or sales will be allowed` before the fee is paid. As there was no further business, the meeting adjourned at 5:45 p.m. Town Clerk Page 2 MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN OF VAIL JUNE 26, 1973 A work session of the Town Council of the Town of Vail was convened at 10:10 a.m., June 26, 1973, in the Conference Room. of the Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Mr. Minger reported that the Sunburst group has agreed to list the proposed amenities very exactly; they would like to further discuss any credit arrange- ments. There was general agreement that credits should be given only for items which have a public rather than a private use and that credits should be negotiated on a year-by-year basis. Councilman White added that the amount they are to pay would be determined on a year-to-:.year basis also. Mr. Minger noted that he was concerned that the number, location, year of construction and performance standards of the amenities be specifically set. It might not be necessary to include dollar amounts for these items if performance standards could be rigidly determined. Mr. Minger noted that the group has yet to submit the exhibits on surety bonds, phasing and cost of amenities. The Council then discussed specific provisions of the proposed agreement. A meeting was scheduled with the group represen- tatives for 2:00 p.m. , June 27. After some further discussion, it was noted that, in the future, the Council is obligated to treat all new construction in this same, detailed fashion. Mr. Robinson brought up the matter of the Rich condominium recreation fee. There was::some discussion of possible precedents to be set in the matter. Mr. Minger suggested that the touchstone should be the intention of the Council at the time the letter of zoning guarantee was written. It was generally agreed that it dealt specifically_with zoning as the matter of the recreation fee had not yet been conceived. After some further discussion, the matter was tabled pending the compilation of additional data. In regard to the proposed parking structure, Mr. Minger reported that current thinking is that it should contain 900 to 1,000 spaces. Such a reduction would save $700,000 to $1,000,000. Mr. Bernstein explained the figures he had compiled which led to this determination. There was some discussion of additional uses for the structure, such as recreational uses on the roof. Councilman Staufer inquired if Mr. Larese had been contacted in regard to his building. Mr. Minger replied that he had. it was also noted that by reducing the number of spaces, any crowding of adjacent property is lessened. The current proposal does not include a delivery service or electric carts. Mr. Bernstein explained that in order to purchase private parking spaces in proposed pedestrian areas, it would cost a quarter of a million dollars; in addition, capital costs would be $550,000 to $800,000. There was general agreement that such a program was not currently workable. The only por- tion currently workable is the re-signing of the streets to restrct.on-street parking. One suggestion for the parking lot was that additional alternatives to stairways be considered. Returning to the question of the Cornice Building Mr. Minger noted that it will be appraised. Mr. Larese had suggested that he would trade the property for the food concession in the structure; there was general agreement this would not be a good idea. • Mr. Minger reported that Vail Associates is willing to deed the land to the + Town on two conditions: 1 . that 350 spaces be available For the day skier; and 2. that 20 free parking spaces be reserved for Vail Associates. The Council approved further negotiations with Vail Associates, but declined to accept any restrictions such as free spaces for Vail Associates or the granting of the right to V A, to approve fees . The reservation of 350 spaces for day skiers met with Council approval. As there was no further business, the meeting adjourned at 1;30 p.m. Town Clerk i 0 'to -2- MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN. OF VAI L JUNE 27, 1973 A work session of the Town Council of the Town of Vail was convened at 3:00 p. m. , June 27, 1973, in the Conference Room of the, Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: John Donovan Tom Steinberg Also present were: Terry Minger, Town Manager Kent Rose, Town Engineer Josef Staufer Gerry White Larry Robinson, Town Attorney Discussion centered on specific changes in the proposed P.U.D. permit for Sunburst at Vail. In regard to possible road changes on the golf course road, Mr. Rose noted that Mr. Slifer and Mr. Kindel of the Board of the Recrea- tion District had indicated that they did not want a pedestrian/auto separation on this road. It was noted that such a separation was not feasible from an engineering standpoint. Councilman White suggested that a provision be added that if such a separation were necessary in the future, the Sunburst group would pay for it. There was general agreement with this suggestion. In regard to the statement that the development would have no adverse impact on public facilities, Mr. Robinson noted that this is required by the zoning ordinance. Councilman White suggested that the statement be modified to read: "as compared to existing zoning, will have a less adverse impact." Mr. Minger suggested that the "as compared to ." be included but that the remaining wording follow the zoning ordinance. There was general agreement with this suggestion, if it met the approval of their legal counsel. In regard to a transit system, Mr. Clancy presented an agreement to be signed which would also be an exhibit to the permit. The only questions still remaining would be solved when the final equipment selection was made. There was gen- eral agreement that the transit system, agreement was acceptable. Mr. Rose noted that he has the road profiles for the road across the golf course and the design specifications for the bridge. Councilman Steinberg noted that more information is needed on the landscaping. Mr. Clancy noted that the information is not yet available. Councilman Steinberg suggested that perhaps that information should be on file within 90 to 120 days. In regard to the protective covenants, Mr. Jensen will dictate this information for the final permit, if this is desired. Mr. Minger was concerned that the open space be publicly accessible. Mr. Clancy stated that this was acceptable to him. Mr. Clancy explained a series of maps showing the recreational amenities and the phase at which they will be built. The credit allowances requested are still negotiable. The guarantee for the amenities and landscaping could be in the form of a letter of credit, submitted prior to the granting of a building permit. A time could be established by which the precise list of amenities for that phase should be installed. Mr. Clancy suggested that recreational amenities should be completed by the first of July, 1974, for the first phase and landscaping should be completed by the first of November, 1974, for this phase. Mr. Minger asked if the Shamrock-Vail group would be willing to share the costs of extraordinary work done on the project by the Town of Vail consultants. Mr. Brady indicated that they would pay 50% of this cost, ot^$1,100. N` There was general agreement that a permit, modified as suggested, would be signed. As there was no further business, the meeting adjourned at 5:00 p.m. Town Clerk A ? • FJ PLANNED UNIT DEVELOPMENT.PERMIT A permit to Shamrock-Vail, Ltd., a Colorado Limited Partnership, hereafter "Permittee" pursuant to an application for a planned unit development submitted by Permittee on June 1, 1973, on which a Public Hearing was held on June 19, 1973, at which time such planned unit development was approved subject to the findings and conditions set out in this permit. WHEREAS, Permittee has filed an application for a planned unit development pursuant to Article IV Section 4 of the Town of Vail Zoning Ordinance, and WHEREAS, the Town Council, meeting as a Design Review Board on April 27, 1973, had approved the general design of the project, and WHEREAS the planned unit development application would per- mit exceptions with respect to the set-back, building size, lot size, and F.A.R. regulations in the existing zone districts, but would require a fifteen per cent (15%) overall reduction in the floor area ratio, and WHEREAS, a Public Hearing was held on such application on June 19, 1973, and the Town Council heard testimony from citizens, Permittee, and members of the Council; and .WHEREAS, at the conclusion of such Public Hearing Council approved the application for a planned unit development, subject to the findings and conditions set out herein, NOW THEREFORE, the Town Council of the Town of Vail grants to Permittee, as set out below under Grant of Permit, a permit for the development of the property described below as a planned unit development, after making the following findings and on the i r. r" conditions set out herein. 1. FINDINGS 1. Application was made on June 1, 1973, by Permittee for application for development of a tract of land under a comprehensive scheme of development. 2. The application for a comprehensive scheme of develop- ment, "PUD" was for a tract of land as described in Exhibit "A", attached hereto and by this reference incorporated herein. 3. The site meets the size and ownership requirements in that it is all owned by Shamrock-Vail, Ltd., the Permittee, and the tract exceeds two (2) acres in size. 4. The uses proposed for such planned unit development are the same as the uses allowed in the present districts for which the application is made, and such uses will be controlled further pursuant to the use restrictions set out under the con- ditions of this permit. 5. The floor area ratio for the tract as.a whole is hereby reduced by fifteen per cent (15%) from the floor area ratio Jr P-4 - 1 -proms-Er-i.b_e L_for i,ndivi-dual -1-ots ? 'additional ?' T1? cav ;ring "- +e trae Ro flo3o2rlarea ratio is allowed to -Permittee for permanent public pedestrian use, such as arcades, malls, 'or similar uses. 6. to Article IV, Section 4(b), of the Vail Zoning Ordinance, ?(u,',rsuant he1following additional findings are made: The proposed development will not have an undue o adverse impact on xisting public facilities 'n t t the re reational and other amenities, are suffi.ci t to insure that no un- reasonable impact ill be 'ced on existing 1 -2- i i . p u b I f-a-011mss, (b) Reas9nablg enjoyment of neighboring property will bE preserved since Permittee is leaving oppr9ximately eighty per cent (80%) of the area in gpen space, and development under existing zoning could lead to an adverse im- pact on neighboring property. (c) Maintenance and ownership of open space shall be protected by restrictive covenants insuring the conservation and con- tinuity of open space as set out herein un- der Conditions: (d) preservation of streams and stream banks, wooded cover, and natural landscape has been preserved in the development plan. 7. As compared to development under existing zoning, the Council finds that the planned unit development will have a beneficial effect upon sewage, public facilities, transportation, and traffic (including the additional public transportation to be provided under the planned unit development plan) and a more subdued effect upon the existing landscape and surrounding property. 8. In addition to the above required findings under the Vail Zoning Ordinance, the Council has considered the development plan under the critorion set out in the proposed new zoning ordinance for the flown of Vail, which is attached as a condition to this permit and by which permittee. has.agreed to abide. With respect to such criteria the Council finds as follows: (a) Road System. An improved road across the golf course, in accordance with the development plan, should be submitted to•the Design Review.Ao.m--- 3" 1 I? mittee, which is established under Conditions be- tk low, for final approval on access to golf course, ^q ? landscaping, and pedestrian crossings.,, ?v (b) Transit System. The transit system is acceptable, subject to the financial security for r construction of such amenities as set out under ~ Conditions below. (c) Parking_. The parking plan, as revised pursuant to the meeting with the Town Consultants on dune 11, 1973, is acceptable, subject to final LQ' review by the Design Review 'dommi-ttie,;-on the de- tailed plans for phases subsequent to Building A. (d) Adequacy of Open Space and Recreati'dhal Facilities. Adequacy of open space and recrea- tional facilities is in excess of that which is usually provided in a project of this type and is acceptable, however, the requirement under Conditions for adequate financial security that the facilities will be built must be met. • (e) Environmental Planninq,. Proper en- vironmental planning, covering soil conditions, -geology and stability analysis, existing plant ?y ?h materials, drainage characteristics, hydrological i-A investigation, avalanche conditions, rock fall hazards, slope conditions, soil borings, air pollution, and water pollution is found to be acceptable. 9. Permittee submitted a development plan and supporting documents, models, renderings, and other items as set out on -4- n . 1 Exhibit "B". These submittals are accepted, and based upon them the following are approved, subject to final approval by the De- sign Review?"LL a for all phases subsequent to Building A. (a) Contours, both existing and proposed, for the development. (b) Site plan showing buildings, landscaped areas, recreation facilities, pedestrian plazas, walkways, and service areas. (c) The landscape plan. (d) Preliminary building elevations, sections, and floor plans, along with the proposed construction materials. (e) Transportation plan. (f) The off-site improvements, subject to approval J by the Design Review Committee of the exact location and specifications on the golf course road and bridge. II. GRANT OF PERMIT 1. Permittee is hereby granted a permit for a planned unit ' development pursuant to Vail Zoning Ordinance, Article IV, Section q, including the.right to exceptions, as to set-back, building size and lot size, and with respect to a transfer of.densities under the floor area ratio, but not an increase in the floor area jjSS tl . ratio, all in accordance with the development plan. c? ? ???lll 2. The planned unit development plan is approved as shown on the master plan, attached hereto as Exhibit "C" and incorporated herein by reference. The additional supplements to such master plan as outlined on Exhibit "B", are adopted as part of the plan- ned unit development and are incorporated herein by reference. -5- Y ' III. CONDITIONS This permit is issued subject to the following conditions: 1. Permittee shall abide by the standards set out in the proposed Special Development District One, the parking require- ments set out therein, and a review by the Design Review Board. These standards are set out in the attached Exhibit "D", which is incorporated herein by reference. 2. The Design Review C _4V'it-e created as set out in Exhibit "D" shall review all plans of the applicant in accord- ance with the standards set out in Exhibit "D", but Building A, on which construction is planned to begin immediately, shall be deemed approved by this permit, as long as applicant submits, at the time of its application for a building permit, the fol- lowing: (a) A finished grading-plan for Building A. (b) A related landscape plan, showing recreation elements, trails, earth work, planning, and irrigation for Building A. (c) A plan for the off-site improvements for the entire tract, specifically providing for the proposed improved golf course road. 0 (d) The parking plan for Building A. 3. Applicant shall submit for recording, restrictive covenants either on the plat, or by separate legal. document, which restrictive covenants shall provide that the open space shown on the master plan, Exhibit OC", shall be preserved, which covenants shall run with the land. 4. Prior to issuing a building permit for any building or any other construction on the premises, Permittee shall submit a letter of credit or surety bond, guaranteeing to the Town of Vail - i 1 the co struction of the recreational amenities and public facil- ities/ o be completed for that phase according to the master plan. The list of amenities which must be so guaranteed is attached hereto as Exhibit "EZ.., which also sets out the phase during which such amenity is to be bui 5. Permittee shall build, no later than Phase 4 or when Building D is built, employee housing of forty-four thousand (44,000)square feet ?ith,?ddequate provisions to be approved by n'4=-- . the Design Review Com ittat-) for continued use of such space for employee housing. 6. Permittee shall submit, at the time of application for • each building permit, a Fire Safety Report by the Fire Marshall and an Utility Services Adequacy Report by th Town Engineer. ?,Applicant shall submit to the Design Review C which shall pass upon the sufficiency thereof,.} a proposed Agreement between Vail Metropolitan Recreation District, Permittee, Town, and the Pulis Ranch, sufficient to provide for the exchange of land along the golf course property in order to build the golf course road as shown on the development plan, to provide adequate overflow parking for the golf course parking lot, and access from the Sun- burst Project to the parking lot. Mayor. Town Manager. APPROVED AS TO FORM: Town Attorney 9 -7- T I A PLANNED UNIT DEVELOPMENT PERMIT A permit to Shamrock-Vail, Ltd. , a Colorado Limited Partnership, hereafter "Permittee," pursuant to an application for a planned unit development submitted by Permittee on June 1, 1973, on which a Public Hearing was held on June 19, 1973, at which time such planned unit development was approved subject to the findings and conditions set out in this permit. WHEREAS, Permittee has filed an application for a planned unit development pursuant to Article IV, Section 4 of the Town of Vail Zoning Ordinance, and WHEREAS, the Town Council, meeting as a Design Review Loard on April 27, 1973, had approved the general design of the project, and WHEREAS, the planned unit development application would permit exceptions with respect to the set-back, building size, lot size, and F. A. R. regulations in the existing zone districts, but would require a fifteen per cent (15%) overall reduction in the floor area ratio, and WHEREAS, a Public Hearing was held on such application on June 19, 1973, and the Town Council heard testimony from citizens, Permittee, and members of the Council, and WHEREAS, at the conclusion of such Public Hearing, Council approved the application for a planned unit development, subject to the findings and conditions set out herein, NOW, THEREFORE, the Town Council of the Town of Vail grants to Permittee, as set out below under Grant of Permit, a permit for the development of the property described below as a planned unit development, after making the following findings and on the conditions set out herein. 1. FINDINGS 1 . Application was made on June 1 , 1973, by Permittee for applica- tion for development of a tract of land under a comprehensive scheme of development. 2. The application for a comprehensive scheme of development, "P.U.D.," was for a tract of land as described in Exhibit "A," attached hereto and by this reference incorporated herein. 3. The site meets the size and ownership requirements in that it is all owned by Shamrock-Vail, Ltd., the Permittee, and the tract exceeds two (2) acres in size. 4. The uses proposed for such planned unit development are the same as the uses allowed in the present districts for which the application is made, and such uses will be controlled further pursuant to the use restric- tions set out under the conditions of this permit. 5. The allowable square footage for the tract as a whole is hereby reduced by fifteen per cent (15%) from 862,200 square feet to 732,670 square . feet. No additional floor.area ratio is allowed to Permittee for permanent public pedestrian use, such as arcades, malls, or similar uses. 6. Pursuant to Article IV, Section 4 (b), of the Vail Zoning Ordinance, (Ordinance No. 7, Series of 1969) the following additional findings are made: (a) As compared to development under existing zoning, the proposed development will not have an undue or adverse impact on existing public facilities in that the recreational and other amenities are sufficient to insure that no unreasonable impact will be placed on existing public facilities. (b)- Reasonable enjoyment of neighboring property will be preserved since Permittee is leaving approximately eighty per cent (80%) of the area in open space, and develop- ment under existing zoning could lead to an adverse impact on neighboring property. (c) Maintenance and ownership of open space shall be protected by restrictive covenants insuring the conser- vation and continuity of open space as set out herein under Conditions. • -2- 1 - (d) Preservation of streams and stream banks, wooded cover„ and natural landscape has been preserved in the development plan. 7. As compared to development under existing zoning, the Council finds that the planned unit development will have a less adverse effect upon sewage, public facilities, transportation, and traffic (includ'ing the additional public transportation to be provided under the planned unit development plan) and a more subdued effect upon the existing landscape and surrounding property. S. In addition to the above required findings under the Vail Zoning Ordinance, the Council has considered the development plan under the criterion set out in the proposed new zoning ordinance for the Town of Vail, which is attached as a condition to this permit and by which Permittee has agreed to abide. With respect to such criteria, the Council finds as follows: (a) Road System. An improved road across the golf course, in accordance with the development plan, should be submitted to the Design Review Board, which is established under Conditions below, for final approval on access to golf course, landscaping, and pedestrian crossings, which improvements will be at Permittee's • expense. (b) Transit System. The transit system is acceptable, subject to the financial security for construc- tion of such amenities as set out under Conditions below. (c) Parking. The parking plan, as revised pursuant to the meeting with the Town Consultants on June 113, 1973, is acceptable, subject to final review by the Design Review Board, on the detailed plans for phases subsequent to Building A. • -3- f (d) Adequacy of Open Space and Recreational Facilities. Adequacy of open space and recreational a facilities is in excess of that which is usually provided in a project of this type and is acceptable, however, the requirement under Conditions for adequate financial security that the facilities will be built must be met. (e) Environmental Planning. Proper environmental planning, covering soil conditions, giology and stability analysis, existing plant materials, drainage characteristics, hydrological investigation, avalanche conditions, rock fall hazards, slope conditions, soil borings, air pollution, and water pollution, has been done. Permittee agrees to abide by the plans. Council finds the planning acceptable. 9. Permittee submitted a development plan and supporting documents, models, renderings, and other items as set out on Exhibit "B." These submittals are accepted, and based upon them the follotiing are approved, subject to final approval by the Design Review Board for all phases subsequent to Building A. (a) Contours, both existing and proposed, for the development. (b) Site plan showing buildings, landscaped areas, . recreation facilities, pedestrian plazas, walkways, and service areas. (c) The landscape plan. (d) Preliminary building elevations, sections, and floor plans, along with the proposed construction materials. (e) Transportation plan. (f) The off-site improvements, subject to approval by the Design Review Board of the exact location and specifications on the golf course road and bridge. -4- II. GRANT OF PERMIT 1. Permittee is hereby granted a permit for a planned unit develop- 0 ment pursuant to Vail Zoning Ordinance, Article.IV, Section 4, including the right to exception, as to set--back, building size and lot size, and with respect to a transfer of densities under the floor area ratio, per "Findings" Paragraph 5, all in accordance with the development plan. 2. The planned unit development plan is approved as shown on the • master plan, attached hereto as Exhibit "C" and incorporated herein by reference. The additional supplements to such master plan as outlined on Exhibit "B," are adopted as part of the planned unit development and are incorporated herein by reference. III. CONDITIONS This permit is issued- subject to the following conditions: 1. Permittee shall abide by the standards set out in the proposed Special Development District One, the parking requirements set out therein, and a review by the Design Review Board. These standards are set out in the attached Exhibit "D," which is incorporated herein by reference. 2. The Design Review Board created as set out in Exhibit "D" • shall review all plans of the applicant in accordance with the standards set out in Exhibit "D," but Building A, on which construction is planned to begin immediately, shall be deemed approved by this permit, as long as applicants submits, at the time of its application for a building permit, the following: (a) A finished grading plan for Building A. (b) A related landscape plan, showing recreation elements, trails, earth work, planning, and irrigation for Building A. (c) A plan for the off-site improvements for the • entire tract, specifically providing for the proposed improved golf course road. (d) The parking plan for Building A. -5-- 3. Applicant shall submit for recording, restrictive covenants • either on the plat, or by separate legal document, which restrictive covenants shall provide approximately as follows: except as shown on the approved development plan attached hereto as Exhibit "C," no further subdivision or re-subdivision of this tract shall be made, nor shall any improvement, building, structure, or other construction of any type be permitted outside the set-back lines except as shown on Exhibit "C," nor shall any improvement, building, structure, or other construction of any type be permitted in any of the areas designated as open areas on the approved development u plan without the consent of Permittee and the Town Council of the Town of Vail. These designated open areas will be accessible to the public for their, use and enjoyment as well as to the owners within the Permittee's development. These covenants shall be binding upon Permittee, its successors and assigns, shall not be personal to the Permittee, but shall run with the land. 4. Prior to issuing a building permit for any building or any other t construction on the premises, Permittee shall submit a letter of credit or recreational amenities and public facilities to be completed for that phase surety bond, guaranteeing to the Town of Vail the construction of the according to the master plan. The list of amenities which must be so guaranteed is attached hereto as Exhibit "E," which also sets out the phase during which such amenity is to be built. Permittee agrees to negotiate with the Town Council each year as to the amount of recreation fee applicable to the phase for that year. 5. Permittee shall build, no later than Phase 4 or when Building D • is built, employee housing of forty-four thousand (44, 000) square feet with adequate provisions (to be approved by the Design Review Board) for continued use of such space for employee housing. -6- in 6. Permittee shall submit, at the time of application for each building permit, a Fire Safety Report. by the Fire Marshall and a Utility Services Adequacy Report by the Town Engineer. 7. Applicant shall submit tothe Design Review Board, which shall pass upon the sufficiency thereof, a proposed Agreement between Vail Metropolitan Recreation District, Permittee, Town, and the Pulis Ranch, sufficient to provide for the exchange of land along the golf course property in order to build the golf course road as shown on the development plan, to provide adequate overflow parking for the golf course parking lot, and access from the Sunburst Project to the parking lot. • • t Mayor Town Manager APPROVED AS TO FORM: Town Attorney -7- MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN OF VAIL NOVEMBER 21, 1973 A work session of the newly-elected Town Council of the Town of Vaii was convened at 9;10 a. m., November 21, 1973, in the Conference Room of the Vail Municipal Building. The following were present; John Donovan John Dobson Kathleen K lug Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Linda Hall, Town Clerk, was also present. First to be considered was the election of a new mayor for the forthcoming two--year term. Councilman Donovan moved that Council- man Dobson be elected Mayor; Counciimembers Donovan, Dobson, Klug, Langmaid, Staufer, Steinberg and White voted in favor; Councilman Dobson was elected Mayor for a two-year term. It was next necessary to elect a Mayor Pro-tem. An informal ballot was taken and Councilman White was elected Mayor Pro-tem. As there was no further business, the Town Council adjourned at 9:15 a.,m. 4? 4M -4/ 1§" Town Clerk ti 4 MINUTES STAFF REVIEW - SUNBURST AT VAIL APRIL 185 1973 A staff review of the Sunburst at Vail project convened at 2:15 p.m., April 185 1973, in the Council Room of the Vail Municipal Building. Terrell. J. Minger, Town Manager and the following staff members were present: Jim Lamont, Administrative Assistant_ Kent Rose, Town Engineer Eldon Beck, Planning Consultant Diana Toughill, Zoning Administrator Jerry Aldrich, Building Official Jerry Seracuse, Joe Clancy, Jim Brady, and members of their staff were also present.. The meeting was held preliminary to the Council review on April 19, 1973 at 9:00 a.m. A series of slides was displayed which showed, among other things, the original plans for 48-60 clustered units on'the west end of the property. The slides relating to the transportation plan noted that during the first five years buses would be used in this plan; that starting from a peak load of one hundred during 1973, the capacity would increase to one thousand in 1976; that starting from an interval. of 7.5 minutes in 1973, the time between buses would be reduced to two minutes in 1976; that to minimize auto use, valet parking, the holding of keys, laading and unloading services, care for autos, the quality of bus service, plus some disincentives such as the high cost of removal, one way traffic patterns and the cost and difficulty of parking in Vail could all be invoked. At the beginning of..this ser- vice, it would be completely the responsibility of Sunburst and only for their patrons; in the future, they were hopeful that some cooper- ative arrangements could be made with the Town of Vail. The evolution of the Sunburst central core development was traced by a series of slides. The pools, shops and theaters for the central plaza were described. The recreational facilities plan was explained. The landscaping was described as.following the natural landscape of the area. An exception to this rule will be the plaza areas, although they will use native plants. Lists of the proposed plant materials are available. It was noted that, in the future, it might be possible to have recreational facilities that will serve people from areas outside the project. Ten tennis courts are viewed as the maximum number; otherwise, to much cut and fill is necessary, or too much open space is used. The ice rink will be for recreational, as opposed to competitive, skating and is anticipated to operate year-around. It was noted that the square footage in the buildings has been re-distributed toward the rear of the buildings. The heights of the proposed buildings are 6,7,812-9,and .5 stories. These measure- ments are from the plaza level; the plaza is from 1 to 2 stories high. The square footages were given as 558,000 in the central core and 303,000 in the east end. The slide show was completed and the models of the project displayed. Perspectives of the two complexes had been prepared showing them from different angles and distances. Mr. Seraeuse noted that the highest point of the complex was one hundred feet above the site. However) this could be considered in combination with the fact that the relationship to the mountain might minimize the impact. They have made an attempt to leave 84% of the site open, inclusive of the tops of the plaza areas. Staff review continued throughout the afternoon on specific points of the project. sdo Town Clerk I-K ?` ,mss ell- - n G L44f W.. ?s 4 ? sus ? ja?V La 1 • 4 Goo CA-e ? 'r`te ? ? ? • ??. vy- S ' 00 s.?. Aj)k ' "")-* 5 -?i Ll 0. t U n r r? L ? . U E S t,? ap OVA ? ? uk. ? S - C7 co? mss , ?.?- ...sue s+ ?•? • - Lv? r.A s ?nlS4 s mss w-?`?' 5 Col.- F cxri r^Alk too- t Of t A-t ve 44 v f • Ll ^)- ?e ?? -•? 4::;b ` ° -rj3 • • r E -1 trt ?? p 5 4.16 4,4t.- ;f-? / fi Nrj Y OtJ. COV-?' 1L?-s L 3 . k? of It. 1 5°15- ?--? VIA ,e o- e-o? Y. Y. r - { MINUTES DESIGN REVIEW SESSION TOWN COUNCIL OF THE TOWN OF VAIL AND PLANNING COMMISSICN APRIL 19, 1973 A Design Review session was convened at 9:10 a.m., April 195 1973., in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Chairman Robert Clark and the following Planning Commission members were present: Jim Slevin Jen Wright Also present were: . Terry Minger, Town Manager Eldon Beck, Planning Consultant Larry Robinson, Town Attorney Kent Rose, Town Engineer Jim Lamont, Administrative Assistant Diana Toughill, Zoning Administrator The meeting was held to review the proposed Sunburst at Vail project. A slide show was presented by Jerry Seracuse: (refer to minutes of Staff Review of April 18, 1973).' Mr. Rose noted that there is a Colorado law preventing the use of trailers on buses for passenger service. A representative of the project responded that they would work around that somehow. It was noted that they have not yet decided to what extent they will implement the disincentives to auto use that are under their control. Mr. Beck offered comments on behalf of the staff. He generally agreed that the lower elements of the building mass were good; that the trans- portation analysis was thorough and that underground parking is good. The valet-parking idea is a good one; however, as it means that less parking area is built, if not attended, provision would need to be made for a larger area. Mr. Beck emphasized that even with valley- wide transportation, the developer should handle the demand unique to his project. He also suggested that the recreational facilities, especially swimming pools, would be marginal to handle a population of 2500 or over. A Sunburst representative noted that more private pools might be considered. Mr. Beck suggested that it was necessary to determine what open space has been gained in the project above and beyond that which would occur as a result of natural hazards and dedication agreements. Mr. Beck disagreed with the height and bulk of the taller elements. He suggested that they should not exceed the front buildings by more than three levels. In regard to employee housing, Mr. Beck inquired how this status was to be maintained. Mr. Seracuse replied that as they were not prime units, they would logically bring a lower price. . It was suggested that the lower the complex on the east end of the site, the less the adverse effect on the pond would be. In a general way, the impact of 2000 additional people on the community must be considered; the impact on the golf course both in terms of number of players and traffic must be noted. It is possible that the road - 0 crossing the course will need to be widened and/or elevated. It is further necessary to determine the status of a possible road crossing the eastern end of the golf course. Mr. Beck suggested that it is t essential to be aware of the nature'of projects contemplated. He recommended be obtained regarding avalanche danger trend that a municipality is liable if hazardous areas. It will be necessary the management of the project, whether run as a hotel, for example. A report is needed. Also needed are a report.on support plan for the plaza design. 2 the Commercial Core-type that an outside opinion as there is a growing they appr.ove.projects in to thoroughly understand lived in by the owners or on fire protection problems building materials and a Mr. Beck recommended that basic approval be given for the concept, pending some modifications. The detailed work can be continued while beginning construction of the four story buildings this summer. He stated that the new zoning ordinance will reduce densities by approximately 300; it would be fair and improve the appearance of the project, if the density were reduced by 161. The differential of 14% would be given in recognition of the fact that the project has been developed over a long.period of time and they are trying to do a quality job. Mr. Seracuse responded that the group does not yet know the point at which the proposed project is reduced by too large an amount to enable them to finacially underr- take it. There was a question as to how to measure the height. Mr. Minger suggested that the height be determined by an averaging over the sate; the average of the midpoint height on the four walls. Returning to the question of the employee housing units, one of the owners indicated that they were contemplating the sale of these units to a large investor with a provision for use by employees. In discus- sion of the impact of the increasing population on the skiing facili- ties, one of the owners suggested that there would not be 2500 skiers. Another representative noted that they had not projected'the daily number of skiers, but had looked at a year-round situation and the use of the on-site facilities. Councilman Donovan inquired what they planned to do if two-.thirds of the people in their project skied. A representative suggested that the number of people is a given quantity, no matter how the property is developed.. Hence, they,had tried to provide as many alternative activities as possible. The skiing, he suggested, was a valley-wide problem. It was also suggested that the valley will need a multi-level transportation system to service a regional skiing complex. Mr. Manger interjected that the proposal at the time of annexation had been for 400 to 600 units. With this in mind, his concern became to prevent the project from.dominating the Town. He also suggested that, politically, you cannot build an eleven to twelve story building in Vail. Mr. Seracuse explained various alternatives of lowering and tapering that could be used to reduce the project. An estimate of the amount of square footage removed by the methods was, given as 86,000 square feet. Although the concern is population density, Mr. Clark suggested that the Town has no way to control this; it can control square footage, but not its division. Mr. Minger explained that in order to do the project, a re-zoning and a R.U.D. approach will be needed. He asked if the owners could increase the density reduction from loo to 15--17%. Mr. Clancy ex- plained his position as; they know they can handle a 10% reduction; they know they cannot handle a 20% reduction; the point at which one changes to the other, they do not know. He suggested that they be given the number which the Council desires, and then they will calculate the impact. There was some further discussion of what the visual impact would be. Mr. Beck emphasized that he did not th nk•that a 1.0,% reduction would achieve what he thinks necessary. The owners suggested that an 11% reduction be made, beyond that, they would prefer to look for an architectural solution. As a-point of information, Councilman Bailey inquired what they would do if the Council insisted on a 20% reduction. Mr. Clancy stated that they would then sell the property in smaller pieces. Mr. Minger suggested that, in that case,. the avalanche hazards, etc. would not allow as dispersed a development 3 as originally contemplated. The engineer for the group suggested that certain avalanche control mechanisms could be used to make portions of the property buildable. It.was suggested that the 40 Forest Service would have to approve these. In further discussion, Councilman Staufer suggested that it was necessary to obtain in writing. :an agreement to build the amenities. Additional discussion of the height of the buildings brought out the point that even with the removal of the two top floors, the buildings would be eighty feet. Mr. Beck reiterated that he thought the correct measurement would be for the rear buildings to be not more than three stories higher than the front buildings. He also suggested.that 15% would be the correct amount of reduction.. Councilman Donovan inquired.how the ,group was distinguishing between MF 8 HDMF for the purposes of paying the recreation'fee. A repre- sentative of the group noted that they were using the former zoning for this purpose. Councilman Donovan suggested that it.might be proper to assess the fee on the basis`of'.the actual building. Mayor Dobson summarized that the.discus.sion was centering on a proposal of a building height of no more than 60 feet and a density reduction to 10 to 15%. Councilman Donovan moved that a 15%.reduc- tion in density be required. He.also suggested that there be a max- imum on the east end of 45 feet in height. At this point, Mr. Seracuse . brought out the point that they cannot work without elevator penthouses on top of the buildings. Councilman Bailey suggested that Mr.. Beck continue to work with the group on the relationship of height to mass. After some further discussion, Councilman Langmaid suggested that the Council state that a 15% reduction should take place in density; the Sunburst group can then do some calculations and get back to the Council with ,a report on what the affects would be. Mr. Minger suggested that height restrictions be added to this decision. He also suggested that the Council would decide if the items lost as a result of the additional 4% reduction were worth this reduction. Councilman Donovan suggested that some consideration might also be given for the reduction through the recreation fee. Mr. Minger summarized the parameters within which a P..U..D. would be framed as including a 15% reduction in density; a maximum height of 60 feet on the central structure and 45 feet on the east structure. In return for density reductions, it might be possible to negotiate regarding the recreation fee and possibily,the transit system. Mr. Seracuse thought the height limitations were a bit too restrictive; Councilman Bailey suggested that they be plus or minus figures, keyed to the height of each floor. The 15% reduction was specified as . being 15% of the grow buildable square footage as defined by the old zoning ordinance. This figure has been presented as being 86.2,200; hence, 15% of this would be the amount of the reduction. No bed figure is yet available; however, it is difficult to control the number of beds that any one owner puts in his unit. Mayor Dobson suggested that the intent of the Council is to have everything reduced by a proportionate:15%. A representative of the Sunburst group noted that they contemplate 668 units for the entire project. Mayor Dobson suggested that the number of units to be reduced would appear to be 100, in that case. A representative suggested that the figure would be somewhat lower, as 15% of the project also includes 15% of the commercial space. Mr. Minger noted that it is necessary to have the parcels surveyed. Mr. Clancy suggested that an attempt be made to work out the details by June 1 and the project be heard at the first meeting in June. In the meantime, he suggested an agreement outlining the matters resolved at this meeting. Mr. Robinson suggested that rather than an agreement, a memorandum be prepared. Mr. Jensen, the attorney for the Sunburst group, suggested that this memorandum outline design review approval. Mr. Robinson noted that the process would be started for a hearing for a.P.U.D. at the first meeting in June. I ` LJ 4 Mr. Seracuse summarized the agreement as a 15% reduction in density and a height restriction of 50 to 60 feet above plaza. Level., which corres- ponds to three levels above the front buildings. Mr. Clancy added that considerations on transportation and the recreation fee are also possible. Mr. Rose noted that it is still necessary to work with.the Recreation District Board on possible land exchanges. Mr. Beck: stated that he will submit a list of items to be included in the final agreement. As there was no further business, the meeting adjourned at 12:45 p.m. r Town Clerk • • sdo I* • 0 nn Q zo 0 Q a Vail Town Council. City Hall Vail, Colorado April 1851973 Gentlemen: Enclosed please find supportive data that should accompany the materials, models, renderings and site plan already sub- mitted for the Sunburst Design Review Application. It is anticipated that this material will be expanded and included in an application for a planned unit development under Article IV, Section 4, Vail Zoning Ordinance. The following is included herein: -Decision Priorities -Ownership -Zoning u -Architectural -Landscape -Recreation -Transportation -Marketing -Utilities -Drainage -Avalanche -Fire Access Respectfully Submitted, Shamrock-Va 1 Ltd. • 0 SHAMROCK-VAIL Ltd. 4/18/73 Items on design review approval 1. Zoning under PUD A. PAR - density B. CRPA - density C. Height D. Retail - multi-family residential mix E. Useable open space F. Building coverage 2. Architecture A. Site plan B. Building envelopes C. ,Parking - number D. Circulation E. Materials 3. Landscape Concept 4. Recreational amenities y A. Facilities B. Pedestrian circulation C. Program 5. Avalanche study 6. Transportation A. Parking B. Public transportation 7. Ownership 8. Drainage 9. Utilities • i 1:., & : N Additional Items Included at Time of PUD Approval - June 1, 1973 for Phase I and II 1. Open area - dedication to the city 2 Architecture . A. Preliminary plat B. Design Details on structures C. Design details for amenities C. Fire service and access D. Circulation 3. Landscape details 4. Transportation definitive study A. Parking Number B. Public transportation (coordination with city) 5. Recreational amenities A. (Recreational amenities fund B. ,Trade off of Recreational District Lands for parking !etc. and realignment of roads C. Final site and design plans for recreational amenities D. Municipal use of Multi-Media Center b. Utilities - service availability letters 7. Drainage details 0 • • • SUNBURST CONDOMINIUMS AT VAIL April 18, 1973 OWNERSHIP The property known as Sunburst is owned by a Colorado limited partnership, Shamrock-Vail, Limited. The zoning for the property presently allows for a total of 862,200 square feet of building construction thereon. This figure, 862,200 square feet, reflects the utilization of a one (1) acre tract retained by'the previous owner, and is permissible under the existing ordinances of the Town of Vail. The owners have reguested that a trade of land,measuring approximately 1.5 acres additional to Shamrock-Vail take place between themselves and the Vail Municipal Recreational District. The purpose of this trade is to reflect appropriate design and volume characteristics for the road connecting Sunburst with the municipal area to the West. Considerations for the proposed trade would be in the form of access or parking spaces for Recreation District patrons in lieu of any monetary transaction between said Recreation District and Shamrock-Vail. ?J • t 0 ZONING April 18,1973 The property is presently zoned as follows: A. Approximately 18.85 acres is zoned Multi- Family residential (Article III, Section 2, Vail Zoning Ordinance). B. Approximately 5.4 acres is zoned High Density Multi-Family residential (Article II, Section 3, Vail Zoning Ordinance). C. Approximately 12.54 acres is zoned Agricultural (Article II, Section 8, Vail Zoning Ordinance). D. Approximately 1.0 acre is zoned Residential (Article II, Section 1, Vail Zoning Ordinance). The buildings and parking structures, as shown, will cross the present zone lot lines, requiring exceptions as to set-back requirements. This clustering of the units, however, leaves approximately 85% of the site as open space. The floor-area-ratio for the site, as shown, is 0.82:1.0 under the existing zoning. The gross residential floor-area is less than 45 square feet for each one hundred square feet. of the site, as shown. Under the present plan, not more than 20% of improved structures will include professional and business offices, public facilities, and resturants and bars or other retail space. Over 80% of the improved structures will be multi-family housing, allowed under the multi-family zone district. Parking will exceed present requirements by providing 1z spaces for each residential dwelling unit and at least 1 space for each 200 sq. ft. of retail or office space. To accomplish this a single zone lot or PUD is anticipated under either the proposed zoning ordinance or the existing ordinance. C • • fill SUNBURST CONDOMINIUMS AT VAIL April 18, 1973 ARCHITECTURAL' DESIGN The Sunburst project is designed to acheive the following design concepts: To concentrate a variety of uses that are usually dispersed in order to create a village atmosphere centered around a central plaza, creating the greatest convenience, access, and excitement for pedestrians, and at the same time affecting the minimum amount of natural landscape, and allowing that landscape to dominate the site from golf course to forested hillside. To create a sense of varying intimate human scales related to the landscape rather than the visual "sea of asphalt" automobile orientation. To locate parking under the building complex, giving protection from weather, convenience and security, but more importantly, hiding the cars from view of either residents or passerbys, so that the natural landscape and'architecture remain the predominant theme. To develop an architectural form that was dictated by the natural topography, views, 'site constraints such as soils, drainage, snow slides, natural vegation and site configuration. The complex was designed with sloping terraced facades which not only relate to the mountain slope, but also allows the maxi- mum sunlight to penetrate the plaza areas, both in the summer and winter. The terraces or balconies allow commanding views of, and orientations to the mountains and plazas below. To create not only buildings, but spaces between buildings, plazas, and courtyards,trying to maxmize views, wind protection, andalso create "activity" spaces that are usable and exciting day and night. To use building materials that are natural in chaacter and blend in with the predominant deep green and reddish brown character of the valley. -roughsawn wood -stone -textured concrete -earth toned stucco -tinted glass 0 gy easing the of sunlight landscape to the reflection toned materials, the natural gthe v more nature deep w alley. ed, therefore a 1awof illbe minimz ant feature ?,emain the predom?n • • Sunburst Condominiums at Vail April 17, 1973 Plaza Program PLAZA IDENTITY THEMES 1. Hotel/Condhotel area for service type shops, outdoor dining, and other uses related to the transient visitor. 2. Specialized boutique/bazaar shopping area with wide variety of "interest areas", sitting, informal gathering spots with extensive plantings and other features. 3. Recreation areas oriented to multi-media center and clubhouse activities. 4. Transition areas for circulation and buffer zones between differing uses. PLAZA ACTIVITY THEMES Important program activities between hotel, shop owners, recreation at multi- media and clubhouse, and condominium owners. 1. Shop sales and sidewalk sales 2. Recreation programs 3. Art shows 4. Craft fairs 5. Lectures, meetings and conventions PLAZA "HARD" LANDSCAPING MATERIALS 1. Indigenous use of native stones, wood and other color, textures, etc., to harmonize with Vail Valley environment. 2. Paving patterns of native stones, aggregates, concrete and paver units. 3. Major paving pattern to provide linkage to all areas and for fire equipment; minor paving surfaces to define smaller areas, courts, ice rink, and other specialized uses. PLAZA FURNITURE 1. Comfortable seating with backs for private sitting and small informal gathering areas. 2. Lighting program by ground level and overhead fixtures to make plaza areas inviting at night as well as during the day. Lighting fixtures designed so that source•is not seen, especially by residents of hotel and condominiums, and yet the area is lighted. 3. Art/Sculpture program from local and other Colorado artists for plaza sculptures, murals, and graphics program. 4. Water features with pools, cascading falls, bubbly runs with native Colorado trout. 5. Kiosks, boards, and other signage for orientation, direction, information, announcements, etc. 6. Drinking fountains, vast receptacles, tables, bicycle racks, ski storage, etc. 7. Ice sculptures during winter carnivals. 8. Small vendor locations for snacks, reading materials and other items. PLAZA PLANTING , Refer to "urbanized plantings within plazas" for program statement of planting theme and plant materials. Ali planting areas within Sunburst plaza will have sufficient soil and depth for root growth of selected plant materials. The soli will be imported to planting wells and sunken tubs. Watering and fertilizing will bb by automatic irrigation systems. Sunburst Condominiums at Vail April 17, 1973 Site Landscape Concept Program EXISTING ASPEN GROVE This area contains the single most dominant landscape feature on the Sunburst site, Plant materials found here are almost pure stands of aspen (sub-climax community as a result of fire or avalanche) with some evergreens of lodgepole pine and Douglas fir. An accurate inventory of shrubs, herbs, grasses and wildflowers will be made in the spring. The concept for site utilization and planting in this area is for minimal amount of disturbance to the existing plants and soils. Any areas that are disturbed will be restored in planting, grades and soil conditions as the existing natural areas. A plant list, "Montane Zone Plant Materials," gives a complete listing of probable plant species found in this vegetative community. Plants from this list will be used in any necessary restorative operations. "NATURALIZED" PLANT114GS OF ASPEN AND SOME CONIFERS Site development of the Sunburst site will require additional plantings for screening, buffers, windbreaks, shade and other uses. The basic concept of "naturalized" plantings will be the continuation of the aspen groves into these areas. Aspen, scattered conifers, shrubs, native grasses and wildflowers as listed under "Montane Zone Plant Materials" will be utilized. The overall result w.i11 be a blending of similar plant materials for the entire site that are compatible with the scale, quality and character of the regional landscape. EXISTING AND "NATURALIZED" PLANTINGS OF GRASSES AND WILDFLOWERS The second most dominant plant material of the Sunburst site is large, relatively open areas of grasslands and wildflowers. Again, a retention of these grasslands or meadows will be the theme for Sunburst when fully developed. Any meadow areas disturbed by construction or by site development will be restored to its original appearance by hydro-seeding with native type grasses and wildflowers. URBANIZED PLANTINGS WITHIN PLAZAS Plaza development within the Sunburst Condominiums will require intensive planting designs for the varied activities, and micro-climatics due to exposure, watering, temperature, wind and other factors associated with man-made environments. The theme for the plaza area is the use of plant materials that are harmonious in scale, form, color, shape and texture of indigenous plants of the Vail region and other mountainous regions of Colorado. Because of the specific requirements of plant growth that may be required within the plaza, a much larger palette of plant materials will be required. Therefore a second plant materials list has been prepared which includes plants commonly found in the nursery trade and others that may have to be collected. Again, the final theme is the use of plantings that are harmonious with the mountainous environment of Vail and are not alien or exotic. Sunburst Condominiums at Vail • April 15, 1972 Montane Zone Plant Materials 0 Native Plant Indicators of the Region - Major Trees Abies concoior - White Fir Dominant in Upper Abies lasiocarpa - Alpine Fir Elevation Regions Pseudotsuga taxifolia (Menziesii) - Douglas Fir - Climax Species Pinus contorta latifolia - Lodgepole Pine Sub-Climax Species Populus tremuioides - Aspen - Some stream areas may have (but not necessarily in distinct stands on Sunburst site): Alnus tenuifolia - Thinleaf Alder Betula occidentalis - Water Birch Picea pungens - Colorado Blue Spruce Populus tremuioides - Aspen Salix species - Willows - Shrubs Juniperus communis - Low Juniper Ribes cereum - Squaw Current Ribes inerme - Mountain Gooseberry Rubus deliciosus Thimbleberry Complete listing of native plants commonly associated in the Montane Zone Trees Abies concoior - White Fit- Acer glabrum - Rocky Mountain Maple Alnus tenuifolia - Thinleaf Alder Betula fontinalis - Water Birch Betula occidentalis - Water Birch Picea pungens - Blue Spruce Pinus contorta laxifolia - Lodgepoie Pine Populus angustifolia - Narrowleaf Cottonwood Populus balsamifera - Balsam Poplar Populus tremuloides - Quaking Aspen Prunus pennsylvanica - Pin Cherry Pseudotsuga taxifolia - Douglas Fir Salix species - Willows Shrubs Betula glandulosa - Bog Birch Chimaphilia umbellata - Pipsissewa Clematis pseudoalpina - Rocky Mountain Clematis Cornus stolonifera - Red Osier Dogwood Juniperus communis - Low Juniper Linnaea borealis - American Twinflower L•onicera involucrata - Twinberry Honeysuckle Menziesia ferruginea - Rusty Menziesia Sunburst Condominiums at Vail April 15, 1973 Montane Zone Plant Materials Page 2 Shrubs (Continued) Pachystima myrsinites - Myrtle Pachystima Physocarpus monogynus Mountain Ninebark Prunus virginiana - Western Chokecherry Rhododendron albiflorum - White-Flowered Azalea Ribes cereum - Wax Currant Ribes inerme - Whitestem Gooseberry Ribes setosum - Redshoot Gooseberry Ribes wolfii - Wolf's Currant Rosa, sp. - Wild Rose Rubus deliciosus - Thimbieberry Rubus parviflorus - Salmonberry Salix bebbiana - Bebb Willow Salix caudata - Whiplash Willow Salix monticola -- Mountain Willow Salix scouleriana - Scouler Willow Salix subcoerulea - Blue Willow Salix wolfii - Wolf's Willow Sambucus melanocarpa - Blackbead Elder Sambucus pubens - Red-berried Elder Shepherdia canadensis - Russet Buffaloberry Sorbus scopolina - Western Mountain Ash Symphoricarpos oreophylos ; Mountain Snowberry Vaccinium caespitosum - Dwarf Blueberry Vaccinium myrtillus - Myrtle Blueberry Vaccinium scoparium - Broom Huckleberry Viburnum pauciflorum - Mooseberry Viburnum • x Sunburst Condominiums at Vail April 15, 1973 Plant Materials Suitable for Plaza Areas EVERGREEN TREES Abies concolor Abies lasiocarpa . Juniperus monosperma Juniperus scopulorum Picea englemanni Picea pungens Pinus aristata . Pinus contorts 'latifolia' Pinus edulis Pinus flexilis Pinus sylvestris Pseudotsuga taxifolia White Fir Alpine Fir Oneseed Juniper Colorado Juniper Englemann Spruce Colorado Blue Spruce Bristlecone Pine Lodgepole Pine Colorado Pinyon Pine Limber Pine Scotch Pine Douglas Fir DECIDUOUS TREES Acer saccharinum Soft Maple Celtis occidentalis Common Huckleberry Elaegnus angustifolia Russian Olive . Fraxinus pennsylvanica Gleditsia triacanthus lanceolate Green Ash 'inermis' Honey Locust Populus acuminate Smoothbark Poplar Populus angustifolia Narrowleaf Poplar Populus balsamifera Balsam Poplar Populus sargentii Plains Poplar Populus tremuloides Quaking Aspen Sal ix (species) Willow Ulmus americana American Elm Ulmus pumi la Siberian Elm SHRUBS Acer glabrum y Alnus tenuifolia Amelanchier (species) Arctostaphylos uva-ursi Betula fontinalis Betula glandulosa Ceanothus fendleil Ceanothus_velutinus Ceanothus velutinus Cercocarpus montanus Corylls cornuta Crataegus succulenta •-Cornus stolonifera Holodiscus dumosus Jamesla americana Rocky Mountain Maple Thinleaf Alder Se rviceberry Bearberry Kinnikinnick Water Birch Bog Birch. Fend 1 e rs Ce'anoth us intermediate Ceanothus Snowbrush Ceanothus True Mountain Mahogany Beaked Filbert Colorado Hawthorn Red Osier Dogwood Bush Rockspirea Cliff Jamesia Sunburst Condominiums at Vail • April 15, 1973 Plant Materials Suitable for Plaza Areas Page 2 SHRUBS (continued) Lonicera involucrata Mahonia repens Pachystima myrsinites Physocarpus monogynus Potentilla fruticosa Prunus americana .Prunus pennsylvanica Prunus virginiana deimissa Purshia tridentata Quercus gambel i i Rib.-es (species) Ribes aureum Ribes cereum ..Ribes i ne rme Rhus glabra Rhus trilobata Rosa woodsii. Rubus deliciosus Rubus idaeus strigosus Rubus parviflorus Sal ix (species) Salix subcoerulea Salix purpurea Sambucus microbotrys ..Shepherdia canadensis .Sorbus scopulina Symphoricarpus oreophilus Viburnum pauciflorum • Bearberry Honeysuckle Creeping Mahonia Pachystima Mountain Ninebark Bush Cinquefoil American Plum Pin Cherry Western Chokecherry Antelope Bitterbrush Scrub Oak Wild Currants Golden Currant Wax Currant Wild Gooseberry Smooth Sumac Skunkbush Sumac Wild Rose Boulder Raspberry American Red Raspberry Western Thimbleberry Willow Bluestem Willow Dwarf Wi i lows Bunchberry Elder Russet Buffaloberry Greenes Mountain Ash Mountain Snowberry Mooseberry Viburnum • • • °3 gC?r3- SUNBURST CONDOMINIUMS AT VAIL April 18, 1973 • F_ r -I L-J RECREATION -Programs for various age groups -Active vs. passive activities -Organized vs. non-organized activities -Winter vs. summer scenarios The proposed package of recreation and cultural amenities is intended to provide a balenced program of opportunities while considering the following factors: Diversity is the word which seems to describe the recreation inclinations of the American public in recent times. It is important for this project to avoid the single-purpose recreation syndrome identified with many resort areas, and to provide a comprehensive program having appeal to a broad cross -section of users. It is anticipated that the hotel and condominium guests will be seeking high-quality experiences during their visit; hence, a program of superior facilities and programming will be provided. The following profile anticipates a combination of personalized recreation leadership and permanent facilities which will maximize the efficiency with which recreation opportunities are offered. t REC. FACILITY Oennis courts Swimming pools w/whirl pools Glum House Pool-Billiards Table Tennis Card Room Arta -& Crafts Lounge Sauna/Steam Exercise Room '16andball/Racquet Ball Children's Playgrounds Ice Rinks Paddle Tennis/ Badminton Shuffleboard Sled Run Hiking - Cross 0 Country Ski Trails Picnic Units Bicycle Rental QUAN. 10 2 1 2 2 2 6 4 1 24 1 SUNBURST - UAIL RECREATION PROGRAM DAILY USE CAPACITY 396 1,300 470 72 300 600 180 160 200 Zoo-t- 20O 200+ WINTER USE (W) PEAK USE SUMMER USE (S) PERIOD BOTH (B) S .,_ Summer none B Winter. 4--6 pm B. -- -- E; 0 S S ..,. W S W S -- S SUNBURST VAI L Forecast of Recreation Demand (Non-Ski & Non-Golf) Potential Recreation Visitations (non-Ski & Non-Golf) to be provided. Winter - 2,700 Summer -- 3,800 SUMMER Total No of Beds (design) 3,221 Maximum occupancy Rate (75%) 2,416 Daily Use Demand (75%) of guests) 1,812 Estimated No. of Rec. Experiences/Guest/Day 2x Total Daily Demand (Visitations) 3,624 Potential No. to be Provided 3,800 WINTER Total No. of Beds (design) 3,221 Maximum occupancy Rate (100%) 3,221 Daily Use Demand (40%) of guests). 1 ,288 Estimated No. of Rec. Experiences/Guest/Day 2x Total Daily Demand 2,676 Potential No. to be Provided 2,700 0 RECREATION AMENITIES REPDRT -SUN9URST SUPPLEMENTARY DATA I. Tennis courts - 10 in number In projecting the approximate user capacity for ten courts, it is necessaTV to consider several variable Factors which could affect the final number. Thesp variables are: 1) Wngth pf cycle. 'Cycle' is defined as the period of actual use (1 ho"r or IN hours) by a group of singles or doubles players. 2) The time of court occupancy by sinnins and dcuhlps play. 3) N""her of lighted courts. 4) Avai.l9bi li ty of tennis instruction. R" "c--nl_nn two variables (Sinnles/Doubles play, and one and 1112 hour KV& PO , the following daily user estimates may be calculated: One HnriT Cvai_e: DoVIrs: 12 cycles x 4 persons per court = 48 x In cts. = 480 Singles: 12 cycles x 2 pprsnns per court - 24 x 10 cts. = 240 *Averaqe per day 360 Doubles: 8 CV0es x 4 pP.,TSMS per court = 32 x 10 cts. = NO Singles: 8 cycles x 2 persons per court = 16 x 10 cts. = 1603 *Average per day 24C1... *Overall average per day 300 With Addi.tien of Lir+htinq on 5 Courts: Doubles: 4 cycles x 4 persons per court = 16 x 5 cts. = 80 Singles: 4 cycles x 2 persons per court = 8 x 5 cts. = 40 *Average EEO Total capacity can be incroased with offering of tennis lessons. Example: 2 courts devoted to lessons 2 hours ppr day 2 courts x 12 nerscrs = 24 x 2 hrs. = Q Net user increase: 36 Total averanc capacity 7cr QV (with lighting and lessons) 396 ?I • 0 • SUNBURST CONDOMINIUMS AT VAIL April 18,1973 TRANSPORTATION This section covers 3 points of concern relating to SUNBURST circulation and access. Of primary concern is the movement between SUNBURST and VAIL Village. The 3 points are: - the "best" transportation system for. SUNBURST - Anticipated frequency of service between SUNBURST and VAIL Village • Considerations in the management of auto use at SUNBURST, emphasizing the minimizing of auto traffic to the Village. "Best" transportation program for SUNBURST. This considers 2 time periods: - For the first 5 years, buses are the best and probably only feasible solution After 5 years, the nature of the problem will be determined by transportation needs of adjacent activities and by the interaction of all trans- portation programs in the valley. • Frequency of bus service between SUNBURST and the Village. Tentatively the minimum frequency of service has been set at one trip, each way, every 7.5 minutes. For the peak periods,this frequency would be exceeded in all but the first year. After the first year, higher levels of demand justify and support even more frequent service. A bus fleet of approximately -the following size would be needed: 1973 - 2, 20 passenger buses 1974 - 6, 20 passenger buses 1975 -- 6, 20 passenger buses + 6, 20 passenger trailers 1976 - 8, 20 passenger buses + 8, 20 passenger trailers Many fleet arrangements and combinations are possible, of course. The objectives are to select fleets balancing seriice frequency, and appeal with operating cost considerations. The fleet described above (excluding spares) would provide the service frequencies shown below: 8 C. - K'E a.1? W AYE M?NU7?S 4 _ 19 3 I`??4 IVIS t97Ca Y S? 4-. Rz ? The transportation needs are estimated conservatively. The program described for 1976 will fully support the needs of SUNBURST at maturity. (The basis of these-estimates was described in an earlier report). For this same bus fleet, the chart below compares service capacity with anticipated needs. goo 1200 - ?ooa - N??b S?p.YS goo - P GR &CO doo Zoo - O?x i t o !9'3 ??J?ct I975 (974. `? ? A XL Managment of Auto Use at SUNBURST. This is concerned with limiting the amount of auto traffic generated to the Village by SUNBURST patrons. Doing so'is consistent with overall SUNBURST objectives of providing an environment emphasizing the pedestrian and not dependent on automobile circulation. This will be reinforced by a combination of the following: t Valet Parking. Use of attendants to park cars will reduce the tendency to "automatically" use the car for all trips (the Valet service will have the keys). In addition, the space saving efficiencies of attendant parking will result in cost savings which can help suppport the bus service. The Valet service will include convenient means of unloading and loading cars (assistance, baggage carts, sheltered load/unload areas). + Tender, Loving Care for Autos. Knowledge that the car will be washed on arrival, maintained in warm paring facilities, secure from theft and weather will encourage SUNBURST patrons to leave their cars. This will be reinforce by a high quality alternative, as described in the next paragraph. + Quality Bus Service. The attractiveness of the bus alternative to automobile use will be assured by the following: ., high frequency of service comfortable, environmentally protected terminal facilities ., clean, well-appointed buses on-board fringe benefits (coffee, music, happy-hour) .. friendly, attractive drivers/hostesses .. adequate equipment racks + Disincentives. There are additional discouragements to auto use which could be used. The following are examples; there will be no decision on their use without further discussion. .. High cost of taking the car from storage -- a charge to SUNBURST patrons for removing their car from parking (except at the end of their stay). Traffic restrictions for all but bus traffic -- this could include one-way restrictions. That would of course depend on overall street and highway plans. .. Parking cost at Vail -- a charge for parking at Vail Village would further discourage random, unnecessary auto use. Parking restrictions at Vail -- additional controls on auto access and parking at the Village, including, for example, diversion to remote parking facilities. • In addition to the above three points of concern in SUNBURST transportation, there are additional considerations of implementation important to Valley transportation: Equipment Selection Guidelines. To the extent possible, equipment would be acquired on the basis of criteria common with those of the Town. This is important to later possibilities of coordinated transportation service in the Valley. (See below). Initial Operating Scenario. For the initial period of operation, SUNBURST would assume complete operating responsibility for the bus service. During this period, it is expected that the system would operate for SUNBURST patrons only. Future Operating Scenario. There is long-term mutual advantage to coordinated transportation service in the Valley. Such coordination could reduce operating costs (an important long-term consideration), reduce total fleet size, and increase the effective quality of service. Specific activities leading to increasing stages of coordination include: - Evaluation of equipment pooling -- this could reduce the number of spare vehicles required. - Evaluation of driver and maintenance cooperative operation -- leading to reduction of operating costs. Evaluation of more efficient Valley routing and scheduling -- coordination of schedules and reduction of route duplication could increase effective service levels. U_.? - Evaluation of the benefits of Town operation -- this could lead to some operating cost advantages and would open possible opportunities for Federal and State grants. - Development of an extensive Valley-wide transit/parking program -- viewed as a whole, single problem, the transportation solutions may take a different form than they do for individual sites and developments.. There could be a long-term reduction in costs. r-1 L-J E C7-A 0 j??]A jE?? T?, ol-lrlR-(c4 SUNBURST CONDOMINIUMS AT VAIL April 18, 1973 MARKET 14IX OF CONDOMINIUM UNITS It is anticipated that there will be a variation in the market mix of condominium units in the various buildings and phases which will comprise the Shamrock-Vaal development. Not only will the condominium units reflect variety as to number of bedrooms per unit, square footage, price per unit and price per square foot, but also as to whether the units will be pure second homes or rental type condominiums. In the case of the latter type, some of them will involve the "flexibility of floor plan" or "modular" floor plan concept wherein a unit may contain two or more bedrooms which can be rented separately. The extent to which this concept is utilized will depend of course on the demands which are expressed by the market. Experience in such projects as Snowbird, Waterville Valley Stowe, Vermont,etc. where flexible floor plans have been used has demonstrated that the parking ratios have not increased thereby and in some cases have actually been reduced. This is because of such factors as greater use of air travel, buses, drop-off-rental cars and other means of transportation by the types of users who are attracted to such accommodations versus the large family groups who tend to use the typical two or three bedroom non- divisible type of condominium units. 0 • E SUNBURST CONDOMINIUMS AT VAIL April 18, 1973 POTABLE WATER'SERV'ICE The water demands of the Sunburst project have been calculated on the basis of per capita consumption records from similar resort type areas and the proposed construction schedule for the project. These data have been transmitted to the Town of Vail staff for review and response as to ability to serve this area from the Vail water supply system. The main twelve inch diameter water line for Vail runs through the edge of the Sunburst property. Therefore, little or no transmission pipe line costs are involved in supplying water to the Sunburst property. The response to date (verbal) has indicated the Vail water system can supply the needs of the Sunburst project with no problem and no adverse effect on other areas within the town limits. Also, the project will use.water saver shower heads and water closets to further conserve water. A short section of the main will be relocated around the Western Core Complex to assure ease of access in the future. SANITARY SEWER SERVICE The effluent rates of sewage produced from the Sunburst project have also been defined as based on experience in other similar type resort areas and the proposed construction schedule. The first reaction from the Town of Vail officials was that the added sewage load could be a problem as the Vail and the Upper Eagle Valley treatment plants were being overtaxed during certain critical periods during the 1972 and 1973 years. Subsequently, however, a study performed by the Ken R. White consulting firm indicated certain modifications to the clarifer units of the Vail plant, improvements in the monitoring of the inflow sewage composition at the Avon plant, plus reduction of the ground water infiltration into the interceptor line would eliminate the immediate problem of overtaxed facilities. Additional improvement plans would enable the two water and sewer districts to adequately serve the projected population growth in the Gore Valley and the Upper Eagle District. The sewage effluent from the Sunburst project would be introduced into the main interceptor running through the North edge of the property'. A short section of the main would be relocated North- ward around the core complex. This relocation would be paid for the Sunburst project. 0 . . SUNBURST CONDOMINIUMS AT VAIL April 185 1973 ELECTRICAL ENERGY Electrical service will be supplied through the Holy Cross Electric Co.. The basic electrical energy demands have been transmitted to their design engineers and preparations are being made to supply the electrical energy needs of the Sunburst project. The transmission 7_ines into the project will be all underground to minimize visual impact. • • • • • SUNBURST CONDOMINIUMS AT VAIL April 18, 1973 STORM WATER DRAINAGE The present drainage pattern.for the Sunburst property consists of two main watercourses, which conveys off-site drainage water from the National Forest area to the south across the project to the Golf Course. The on-site drainage basically consists of sheet type flow, of which a major percentage of this water percolates into the relatively pervious soils of the alluvial fans and depositions along the valley floor. The general drainage pattern will be retained upon development of the site to minimize visual and environmental impact. Surface drainage channels will be utilized as much as possible and will be constructed or improved as necessary with natural rock and vegetation. The on-site drainage within the open space in shallow drainage swales placed adjacent paths so that concentration of water flows from thetwo building complexes will be cha water ways such as the pond area just East portion of the property. areas will be routed to the pedestrian is avoided. Drainage nneled to existing of the easternmost 0 ? pMG??,Ga??? SUNBURST PROJECT VAIL, COLORADO Status Report Avalanche Studies The snow avalanche phenonmenom as it effects the Sunburst project in Vail, Colorado has been under study since late in the 1971-72 winter season. The first report (reconnaissance in nature) by Whitney (Whit) Borland was printed in July of 1972. The report delineates the major slide path, designated as the Clubhouse Gulch slide, and the half a dozen small wet spring type avalanches that generally originate below the lowest limestone member outcrop. These slide paths have been verified by studies conducted during the 1972-73 winter season (to-date) by Ron Halley and have been outlined on a 1"=100' scale project map. This -? information has been utilized by Seracuse and Lawler and Partners in their architectural and planning studies for the project. The multi-year monitoring program of the smow avalanches which was defined by Ron Halley in November of 1972 and has been approved for implementation by Shamrock - Vail is underway. The objective of this program is to obtain a full definition of the characteristics and hazards of these avalanches through on-site data collection and snow avalanche analysis using techniques developed both in the European Alps and the United States study centers at Alta, Utah, Berthoud Pass, Colorado and research center at Fort Collins headed by M. Martinelli. The data collection requires a finite period of time because the personality of each major avalanche differs considerably and an analysis in which control structures or a formal control program is contemplated cannot be adequately defined based upon a "one time" data sample or transposed data from other sources. The snow avalanche problem on the Sunburst-project consists of two vastly different type of avalanches. The Clubhouse Gulch avalanche is basically a large climax type avalanche with a potential vertical fall of nearly 2,000 feet. It is this avalanche to which a major portion of the continuing avalanche study is being addressed. The study schedule will provide sufficient data for a fairly definitive analysis of control structures during the spring of 1974. -1- r? Considering that buildings are not being planned for the runout area of the Clubhouse Gulch avalanche and that the recurrence interval of this avalanche is on the order of one in fifty years, this schedule appears adequate and in line with a practical and reasonable approach to this problem. The other avalanches, as mentioned previously, are relatively small wet spring type avalanches. These avalanches have a recurrence interval of two to ten years but can be easily controlled by either nominal size retaining or buttress structures and/or formal control measures involving either chemical application or mechanical altering of the snow pack structure. The control program for these wet snow avalanches will be defined in more detail after observations during April and May of this year. For ease in reference, a brief description of the two types of snow avalanches is presented below: Slab - Climax Type Avalanche Slab avalanches as distinguished from loose snow avalanches are characterized by significant internal cohesion of the snow which is usually created by mechanical action of wind. The common characteristic of slab avalanches is that a large area of snow begins to slide at once. A well defined fracture line, where the moving snow blanket breaks away from the stable snow or at least the snow pack that didn't move, is very evident in slab type avalanche. Slab avalanches are subdivided into soft and hard slabs. Soft slabs slide leaving the typical fracture line, but have the general appearance of a loose snow avalanche until sufficient movement develops to reveal the immature slab form and blocks. The snow debris deposited by a soft slab avalanche is usually a formless mass similar to that deposited from a loose snow avalanche. A hard slab is characterized by snow of sufficient cohesion to retain its form in motion. The principal feature identifying the hard slab avalanche is the presence of angular blocks or chunks of snow in the debris. The case of the Clubhouse Gulch avalanche, the lower chute area between the rock outcrop creates major turbulence within the sliding mass and breaks up most of any blocks that may retain their shape to that point within the slide path. The configuration of the rock outcrops and cliffs in this "throat" zone also effects the shape and orientation of the runout or debris zone of the slide. -2- ~, ". E Wet Snow Avalanches Wet snow avalanches are normally active in the spring or early summer months. The sno~r mass is lubricated by melting water and the snow mass is often at relatively high density due to the free water added to the pack. Typically, the shape of the wet snow avalanche is similar to a loosesnow avalanche i.e. originating at a point, but the spread angle is usually much less since the melt water is normally concentrated in a narrow band down the fa77 line. In the case of the Sunburst project area, the wet spring avalanches generally originate below the lowest limestone cliff or outcrop line and are created in part by a concentration of melt water from above to a particular point in the cliff. _~~ ~~ona d L. Halley, P.E. and . Rational Avalanche Instructor I~..S.P.E. .~ April 5, 1973 • -3- • .• • ~o~i~ ~ac~~i=~~~ SUNBURST CONDOMINIUMS AT VAIL April l8, 1973 FIRE PROTECTION Following conversation with Mr. Fran Bush, fire chief, regarding present available fire equipment in Vail, we feel we can accommodate Vai1~s fire trucks with easy access to all buildings and plaza areas as proposed with a minimum effect on the natural or man-made terrain. Special access points and ramps wi~.l be provided. A11 buildings can be reached within the 100 foot reach of Vail equipment. Detail provisions will be sub- mitted at time of working drawings. r ~ I y H =-~ RG met J~/17./73 with Seracuse, Jerry Jenson (att~y}s Clancy? Brady, others... ~~'urpose was to show RG 7.atest stage of plans (not much different from plans presented in Vail to Council) and to discuss zoning problems and taming, Aevelopers Hoed to have council approval at meetings in Vail !x/18-19 because ~~ y i+rallt to start building and, have to live approval.. ~yl~jf~yl~{~/jl~~~(/j~~[~g~ Question remains what foam of approval will. give them assurance they can go ahead without Later "change of hearth by Council, New zoning ordinance will not be effective (RG guess) until. June or July. Ta wait far final. adoption of a special development district within the new ordinance means no building tha,s season, Alternatives appear to be l) some form of approval and a greement between the Lawn and the developer undarthe present "emergency" design review process that permits construction to begin 2) some form of emergency zoning to cover the site that contains the essential controls needed to let the project go ahead unta,l thenew zoning is adopted. Developers prefer something closer to {1) because nobody can guess what the outcome of a ser~fies of pub~.ic heara.ngs on the new ordinance coulr~ produce , RG said the concept of SDl was to write the provisions after agreement between town and developer on the essentaal.s of density, area, uses, and height I~cB doe snot propose to write prav3.sions before this agreement . (Actual writing of the SD 1 section of the ordinance is a minor task once a1.1. agreemtents are made) if necessary, it might incoporate stxne form of map or development guide in addition to tent, Developer is throwing out various sweeteners (contribution to bus system, recreational amenities, community use of multi. media center„ etc.} that cannot be finally resolved next week. Obviously they want density in returns retaining as much as possible from ~rh:at existing zoning will perm:zt. Developer (and attorney) is concerned how design review might affect the project even if agreement on density, etc. can be obtained, Fhrase re "alpine vill,aget' bothers them, far example. r ,. v ~~x~, ~ die . sr.~~ . ~/y- ~ ~, ~~; ~ ~.. ~~ MINUT$S DESIGN REVIEW SESSION TOWN COUNCIL OF THE TOWN OF VAIL APRIL 24, 1973 A design review session of the Town Council of the Town of Vail was convened at ~:15 P.M., April 24, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey Josef Staufer :-Tom Steinberg, Gerry White Also present were: Jim Lamont, Administrative Assistant Diana Toughill, Zoning Administrator . Larry Robinson, Town Attorney Kent Rose, Town Engineer The meeting had been called to review a proposed "Findings of the Town Council". Councilman White asked if his under- standing that the developers would rely on these findings in order to complete their working drawings was correct; the Mayor indicated that it was. Mr. Robinson noted that the "Findings" were not as binding as a contract. At this juncture, Mr. Clancy of the Sunburst project joined the meeting. Mr. Lamont pointed out that as an official survey has not yet been made, it would not be a good idea to deal with specific land--parcel figures at this time. Mr. Clancy agreed with this point. Mr. Lamont noted that the wording in regard to valet parking should be that it is "required" rather than "supported". Mr. Clancy suggested that they meet the parking requirement of the old ordinance; Councilman Steinberg pointed out that the difficulty iS the size of the spaces, not their number. Mr. Clancy suggested that they would prefer to experiment with the valet parking for two years; if, after that time, it did not appear to be successful, they would increase the parking provided in the .later phases. Mr. Rose added that another reason for requiring valet parking would be to minimize the traffic across the golf course; otherwise, it might be necessary to construct pedestrian--auto separations. It was also noted that perhaps a strong statement to the effect that the developers will attempt to minimize traffic is needed. It was clarified that the project will be presented as a special zone under the old zoning ordinance, as the new one will not be ready by then. Additional clarification was that at the time of the new ordinance, the special district will be incorporated into that document. l ~. ... Zn regard to the height of the project, Mr. Lamont stated that it was his understanding that the eastern complex was not to exceed forty-five (45) feet, with minor adjustments. Mr. Clancy disagreed; it was his understa~ading that it was not to exceed fifty {50) feet. Mayor Dobson suggested that the Findings be worded in such a way that. the eastern build~.ngs were limited to five (5} normal stories, not to exceed fa.fty (50) feet. After some discussion of the variable heights of the plazas on. the main complex,-Councilman Steinberg suggested that the formula of near buildings being three (3) stories above front buildings helped to simplify matters. Mayor Dobson suggested that this form`~.~1a be combined. with a further limitation that in no event could-.the back building exceed sixty (64) feet from the walk-a.n level. Mr, Clancy mentioned that the height should not include elevator penthouses, which are necessary to their project.. Mr. Lamont questioned the wording, "transportation for the city"; it was his concern that it not be interpreted that the city has any commitment to the project in-terms of trans- portation. In addition, at no point did the Findings mention that the developer has agreed to provide transportation. Mx. Clancy agreed that the decision on transportation coind be included in the "Findings". Returning to the portion under question, Mr. Clancy .suggested that the wording had been included as their attorney desired. to list those items which might be adjusted in order ta.achieve density reductions beyond eleven per cent (11%). ~:In the same vein,. it had been discussed that perhaps the recreation fee, which the Sunburst- group had calculated to be around.$3.40,0OO,,could be reduced all or in part in.oreter;to retain same of the amenities they proposE. As an aside, Mr. Lamont noted that the amount of the recreation fee had not.been calculated by the staff and might differ from that calculated by the developer. Council- man Bailey summarized that tho essence of the paragraph of which the questioned phrase was a part was that there will be some negotiation between ll% and- 15%. Mr. Lamont commented that it would be preferable to stipulate a square footage of allowable building space rather than using other less-defined methods of. allowable density calculation. This square footage will need to be adjusted following the new survey. Mr. Rose mentioned that da.scussions with the Recreation District regarding proposed land exchanges are still pending. After some calculations, 732,870 square feet was determined as the allowable square footage following the 15% reduction. Discussion of the percentage of the land to remain in open space resulted in a determination of the figure to be included in the "Findings" at seventy-five per cent (75%). Mr. Lamont suggested that it was. necessary to conduct design review for each stage of the project; Mr, Clancy agreed to this. It was also agreed that both a master and phase land- scaping plan are needed. S -2- r In discussion of the performing arts center, it was noted that the use of the facility would be public, with the Town scheduling events an the same basis as others desirous of using the facility. In further discussion of the proposed Findings, there were many wording changes necessary to eliminate value-laden words. In regard to the question of employee housing, Mr. Clancy noted that the housing which is planned will be built in Phases 3 and 4 and available in late 1976. There would be 150 to 200 emp3,oyees involved. Approximately sixty per cent (60%) of these will be housed. Mr. Clancy noted that they have considered the alternative of purchasing employee units elsewhere and providing trans- portation. There was some discussion of whether employee housing should be required in the same structure, both for this project and others. Councilman White suggested that there should be a deadline after which the Findings would have no effect. It was agreed to insert the first of September, 19731 as the deadline.. Items which were mentioned as being needed prior to the hearing were a list of building materials and a support plan for the plaza area. It was suggested that in regard to the recreation fee, wording be inserted to the effect that "applicant has submitted his estimate based on caicu~- lations from the former zoning41 without Council comment. In regard to their plans for access to~he .property, Mr. Clancy noted that many of their plans will depend on the decision made by the Highway Department on a Bighorn interchange. There were also questions of who would be financially responsible for any necessary pedestrian separations and other roadwork. Mayor.Dobsori suggested that wording be inserted in the Findings to the effect that any agreements are subject to a satisfactory negotiation regarding the expense and maintenance o~ roadways. It was suggested that the fire-study. be'a joint project-of.the developer and the Town staff. As there was"no further business, tYie meeting was adjourned at 3:35 P.M. 1,.-~ Town Clerk /nmm