HomeMy WebLinkAbout1994-09-20 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
SEPTEMBER 20, 1994
7;30 P.M,
A regular meeting of the Vail Town Council was held on Tuesday, September 20,1994, in the Council
Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M.
MEMBERS PRESENT: Mery Lapin, Mayor Pro-Tem
Paul Johnston
Sybill Navas
Jim Shearer
Tom Steinberg
Jan Strauch
SENT: Peggy Osterfoss, Mayor
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. Avon resident, Rich Howard, introduced
himself as a representative of "Citizens for Saving Open Space in Eagle County," an organization
formed to support the upcoming ballot issue. Mr. Howard requested Council pass a resolution
showing support of the issue. Mery asked Mr. Howard to provide Pam Brandmeyer with ballot
language for Council review. Tom Steinberg expressed his support.
Second on the agenda was the Appointment of Art in Public Places Board Member. Jan Strauch
moved to appoint Nancy M. Rondeau to the unexpired term of former Board Member, Erich Hill.
Jim Shearer seconded the motion. A vote was taken and passed unanimously, 6-0. r--�
Item No. 3 was Ordinance No. 21, Series of 1994, first reading, tabled from 09/06/94, an Ordinance
amending Chapter 18.04, setting forth definitions for active outdoor recreation, interpretive nature
walks, nature preserves, passive outdoor recreation, private, public, quasi -public, and changing the
section number of recreation structure; amending Chapter 18.36, Public Use District; amending
Chapter 18,38, Greenbelt and Natural Open Space District; and creating Chapter 18.33, Outdoor
Recreation District; and setting forth details in regard thereto, Mery Lapin read the title in full. Jim
Curnute explained Ordinance 21 .would update the Town's existing Greenbelt and Natural Open
Space, and Public Use Zone Districts, and would provide for a new Outdoor Recreation Zone District.
Jim Curnutte and Russell Forest reviewed a memo to Council from Community Development
regarding the proposed text changes. Jim informed Council that staff recommended adding "Clinical
Pharmacies" to Public Use District under Section M. of the Ordinance. Jim Shearer moved to approve
Ordinance 21 with the recommended addition. Tom Steinberg seconded the motion. A vote was
taken and passed unanimously, 6-0.
Item No. 4 was Ordinance No. 15, Series of 1994, 2nd Reading, an Ordinance restricting the sale
or possession of assault weapons. Mery Lapin read the title in full. Tom Moorhead reviewed the
origination of the ordinance, stating the ordinance was similar to the federal crime bill passed by
Congress earlier during the summer. Tom said the major dissimilarity between Ordinance 15 and the
federal crime bill was that under Ordinance 15, Vail residents must register within 60 days assault
weapons obtained prior to the ban with the Vail Police Department, Tom Moorhead informed
Council that a similar ordinance passed by the City and County of Denver had been found to be
unconstitutional by the District Court; however the Colorado State Supreme Court reversed the
decision, finding it to be a valid ordinance. Tom explained Ordinance 15 was drafted in the same
form as the Denver ordinance. Questions from Council pertained to differences between the proposed
Ordinance 15 and the recently adopted Federal Crime Bill. Chuck House with the Vail Police
Department was on hand to answer specific questions. Mery Lapin opened the floor to public input,
...,,..,.. i-. hP 14mifM to thrPP minutPt ner individual, and asked Participants to refrain
Item No. 5 was a report by the Town Manager. Bob stated he had nothing to add to his
memorandum, which had been included in Council packets.
There being no further business, a motion to adjourn the meeting was made and passed
unanimously. The meeting was adjourned at approximately 9:45 P.M.
ATTEST:
JO a Q ®u
Holly L, McCutcheon, Town Clerk
Minutes taken by Holly L. McCutcheon
Games of cedaln inftduels who gave puVic input maybe inaccurahe.i
9
Respectfully submitted,
Mery Lapm, Mayor Pro -Tern
MEMORANDUM
TO: Town Council
iFROM: Community Development Department
DATE: September 20, 1994
SUBJECT: Proposed text amendments to Chapter 18.38, Greenbelt and Natural Open
Space district, and Chapter 18.36, Public Use District, of the Vail Municipal
Code and the creation of Chapter 18.33, Outdoor Recreation District.
l��L . �$:S r,,�F�.�:. �, �,i �
'` to i i. �l .° ���� �r `, r�@ ca*:
On Tuesday September 6, 1994, a Council worksession was held to discuss the proposed text
amendments to the above -referenced chapters of the Vail Municipal Code. At the
worksession, the Council reviewed the proposed changes and recommended that a number of
revisions be made and be brought back to the Council for their first reading. The purpose of
this memorandum is to summarize the changes requested by the Town Council at the
September 6th meeting. Staff has incorporated the changes into Ordinance No. 21, Series of
1994, as follows:
1. The definition of "interpretive nature walks" has been amended to include some
• additional wording as requested by the Town Council. The additional wording
is shown in bold and the new definition of interpretive nature walks is as
follows:
"Interpretive nature walks shall mean unpaved pedestrian trails
with either fixed signs or marked points which are used to
explain the natural flora, fauna, geology, geography, or history of
the immediate area. This use would exclude all mechanical
vehicles except wheelchairs and maintenance equipment."
2. Discussion of the definition of quasi -public. After some discussion regarding
the proposed definition of quasi -public, the Town Council determined that it was
acceptable to leave this definition as is.
3. The Council discussed the issue of removing Paved bicycle paths, pedestrian
ways and parking areas from the list of conditional uses in the Natural Area
Preservation district. After some discussion regarding the provision of adequate
handicapped access to natural areas, as well as the fact that the Town Code
requires parking areas to be paved, it was determined that the wording can be
left as currently proposed. The Council felt comfortable with the fact that since
these uses are listed as conditional uses in the natural area preservation district
they will always have the opportunity to "call up" any use which has received
conditional use permit approval from the PEC for further review.
4. The Town Council requested that the Conditional Use "F" in the General Use
zone district be deleted. The Council felt that the phrase "public service
facilities" was not adequately defined and was most likely already covered by
the other conditional uses already listed in this zone district.
5. The Town Council requested that "rectories, convents, and related structures"
should be deleted from Conditional Use "L" in the General Use District, leaving
only churches as Conditional Use "L".
6. The Council then looked at Conditional Use "M' which is listed-
as "hospitals,
medical and dental facilities, clinics, and rehabilitation centers" and suggested
the addition of "clinical pharmacy". After reviewing this proposed addition, staff
feels that this use would already be allowed as a part of either a hospital,
medical facility or a clinic and does not need to be listed separately.
7. The Town Council felt that the General Use District Conditional Use "P",
visitor/iniormation centers, is substantially similar to Conditional Use "O" which
is "public touristiguest service related facilities". The Council recommended
that visitor information centers be deleted.
B. The Council then discussed the addition of a new conditional use that would
allow for indoor community facilities, such as a youth center, a senior citizens
center, swimming pools, and other recreational activities. Staff believes that in
order to be consistent with the purpose statement of this zone district, facilities
that are entirely private should not be allowed and that the conditional use
section of the General Use District include a new "F" which would read as
follows: "public and quasi -public indoor community facilities".
9. Conditional Use W" in the General Use District, states that the following uses
shall be permitted in accordance with the issuance of a conditional use permit
provided such use is accessory to a parking structure: offices, transit/shuttle
services, sundries shops, restaurants, ski and bike storage facilities, and public
tourist/guest service related facilities. The Council discussed the need to have
public tourist/guest service related facilities listed again, as it was already listed
previously as Conditional Use "O". Staff believes that Conditional Use "O"
would allow for someone to apply for a public tourist/guest service related
facility anywhere in town except in a parking structure since it is not specifically
listed in Conditional Use N". Therefore, since staff felt that this type of use
would be acceptable in a parking structure, it was listed again.
10. The Town Council requested that Conditional Use "C" "plant and tree nurseries,
and associated structures, excluding the sale of trees or other nursery products,
grown, produced or made on the premises" be removed from the Outdoor
Recreation District. Staff pointed out that the only reason that that use was left
as a conditional use in the Outdoor Recreation District is that the Town
Landscape Architect has discussed the ability of possibly having a small plant
nursery in Town for future public projects. The Town Council recognized this
need but suggested that it be added as a conditional use in the General Use
District. Therefore, staff has listed it as a conditional use in the General Use
District and removed it from the conditional uses allowed in the Outdoor
Recreation District.
• 1.1. The Council requested that "horse grazing, subject to the issuance of a Horse
Grazing Permit in accordance with the provisions of Chapter 18.58" be deleted
as an accessory use in the Outdoor Recreation District. The Council felt that
horse grazing is no longer a use that should be preserved within the Town
limits and suggested that that portion of Chapter 18.58 (Supplemental
Regulations) which allowed for the issuance of horse grazing permits be
repealed. This would preclude horse grazing in all zone districts in Town and
not just in the Outdoor Recreation zone district. Staff has deleted horse grazing
from the list of accessory uses in the Outdoor Recreation zone district and
amended Ordinance No. 21 to delete Chapters 18.58.230, 18.58.240,
18.58.250, 18.58.260, 18.58.270 and 18.58.280 which deal with the permitting
of horse grazing from the Municipal Code. Staff has also removed horse
grazing from the list of accessory uses in all other chapters of the Zoning Code
where it currently exists (RC, LDMF, and AOS).
The above -described revisions to Ordinance No. 21, Series of 1994, have been made and are
reflected in bold (additions) or strike -through (deletions) in the revised ordinance.
•
ATTACHMENT #5
GREENRGI Tr nnln nInTI3o4I G.P&NI SPAGE (GOIGS) DISTRICT
NATURAL AREA PRESERVATION (NAP)
• 18.38.010 - Purpose.
The gFOeRbelt and Ralwal epeR spaGo natural area preservation district is
designed to provide areas which, because of their environmentally sensitive nature or.
natural beauty, shall be protected from encroachment by any building or other
improvement, other than those listed in section 18.32.020 (Permitted uses) eth9F
t#aa pisRfs gri"C tnI tnbl i �v r��� �rsssFibed iF�
gc?j,c,. 1y.92.02A. The gFaeRbelt and i - -11 .\7*r. 2,7taa natural area preservation
district is intended to ensure that designated lands remain in their natural state,.
including reclaimed areas, by protecting such areas from development and
preserving open space. The natural area preservation district includes lands
having valuable wildlife habitat, exceptional aesthetic or flood control value,
wetlands, riparian areas and areas with significant environmental constraints.
Protecting sensitive natural areas is important for maintaining water quality and
aquatic habitat, preserving wildlife habitat, flood control, protecting view
corridors, minimizing the risk from hazard areas, and protecting the natural
character of Vail which is so vital to the Town's tourist economy. The intent shall
not preclude improvement of the natural environment by the removal of noxious
weeds, deadfall where necessary to protect public safety or similar compatible
• improvements.
seRsitive-a,vst'•o^^ sleyelepmeRt and PF9S9FY9 epeR spaea and 11 -vt`i-,igal ate-
(Ord. 19(1976) § 7(part): Ord.8(1973) § 26.100.)
18,38.020 - Permitted uses.
The following shall be permitted uses in the 6WO NAP district:
13isya` 27,C' pcdCZlrnn paths-
A. Nature preserves.
(Ord. 19(1976) § 17(part): Ord.8(1973) § 26.200.)
18.38.030 - Conditional uses.
The following conditional uses shall be permitted in the QN09 NAP district,
subject to the issuance of a conditional use permit in accordance with the provisions of
Chapter 18.60:
A. 12H C r;dre :Pd p
R. 6e4GaF6e6;
S-.A. Equestrian trails, used only to access National Forest system lands;
B. Paved and unpaved, non -motorized, bicycle paths and pedestrian
walkways;
C. Interpretive nature walks;
D. Picnic tables and informal seating areas;
E. Parking, when used in conjunction with a permitted or conditional use;
18
F. Other uses customarily incidental and accessory to permitted or
conditional uses and necessary for the operation thereof, with the
exception of buildings.
(Ord. 19(1976) § 17(part): Ord. 8(1973) § 26.300.) •
18.38.040 - Accessory uses.
Not applicable in the GIOS NAP district.
(Ord. 19(1976) § 17(part): Ord. 8(1973) § 26.400.)
16.38.050 - Development standards. _
Not applicable in the GINIGS NAP district.
(Ord. 19(1976) § 17(part): Ord. 8(1973) § 26.500.)
18.38,060 - Parking and loading.
Parking and loading requirements will be
determined by the Planning and Environmental Commission during the review of
conditional use requests in accordance with the provisions of Chapter 18.60.
(Ord. 19(1976) § 17(part): Ord. 8(1973) § 26.600.)
18.38.070 - Additional development standards.
Additional regulations pertaining to site development standards and the
development of land in the Natural Area Preservation District are found in
Chapter 18.58; Supplemental Regulations.
0
19
ATTACHMENT #6
PUBLIC GENERAL USE (PUB) (GU) DISTRICT
18.36.010 Purpose.
The p4b44G general use district is intended to provide sites for public and quasi -public
uses which, because of their special characteristics, cannot be appropriately regulated by the
development standards prescribed for other zoning districts, and for which development
standards especially prescribed for each particular development proposal or project are
necessary to achieve the purposes prescribed in Section 18.02.020 and to provide for the
public welfare. The p6b 4G general use district is intended to ensure that public buildings and
grounds and certain types of quasi -public uses permitted in the district are appropriately
located and designed to meet the needs of residents and visitors to Vail, to harmonize with
surrounding uses, and, in the case of buildings and other structures, to ensure adequate light,
air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord.
19(1976) § 16 (part): Ord. § (1973) § 25/100.)
18.36.020 Permitted uses.
The following uses shall be permitted in the P49 GU district:
A. Pub44e-parks Passive outdoor recreation areas, playgrounds and open space;
B. Pedestrian and bike paths.
C. I; iin
ast4v+#4a�
18.36.030 Conditional uses - Generally.
The following conditional uses shall be permitted in the P-6L9 GU district, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 18.60:
A. Public theaters, meeting rooms and convention facilities;
B. Public parking facilities and structures:
C. Public transportation terminals;
D. Public utilities installations exeludiRg including transmission lines and appurtenant
equipment;
E. Water and sewage treatment plants;
F. Public service facilities;
G. Public buildings and grounds;
H. Public and private schools and educational institutions;
t~9 t~ t. ,
I. Public and private parks and active outdoor recreation areas, facilities and uses;
J. Golf courses;
K. Ski lifts, aAski tows and runs;
• L. Churches rectories, convents and related structures;
M. Hospitals, medical and dental facilities, clinics, and rehabilitation centers;
N. Equestrian trails;
O. 9#fise ar��l is� i�i �Ict�d +see Public tourist/guest service related facilities;
P. Resepvsdi Visitor/information centers;
Q. Major Arcade;
R. Helipad for emergency and(or community use;
S. Land n anges;
T.S. Type III EHU as defined in Section 18.57.060;
-W-T. Type iV EHU as defined in Section 18.57.070;
U. Seasonal structures or uses to accommodate educational, recreational or
cultural activities;
V. The following conditional uses shall be permitted in accordance with the
issuance of a conditional use permit, provided such use is accessory to a
parking structure:
-offices;
-transit/shuttle services;
sundries shops;
-restaurants;
-ski and bike storage facilities;
-public tourist/guest service related facilities.
(Ord. 8(1992) §§ 27, 28: Ord. 6(1984) § 1: Ord. 27(1982) § 1:
Ord. 6(1982) § 7a: Ord. 33(1981) § 2: Ord. 19(1976) § 16 (part):
Ord. 8(1973) § 25.300.)
18.36.040 Accessory uses.
The following accessory uses shall be permitted in the Fz6Q GU district:
A. Minor arcade; •
B. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof, with the exception of buildings.
(Ord. 6(1982) § 7b: Ord. 19(1976) § 16 (part): Ord. 8(1973) §
25.400.)
18,36,050 Development standards.
-Rfii'it rn'i7'_n,l '0Z P9RAit iGF aRY Gi t149 GGReWl.-KILl UOX
'nn rlrW lrr
r a�-_j7vt i.
sateger+er,� In the General Use District, development standards in each of the following
categories shall be as prescribed by the Planning and Environmental Commission:
A. Lot area and site dimensions;
B. Setbacks;
O-C. Building height;
€D. Density control;
Resewed i
&E. Site coverage; .
41-17. Landscaping and site development;
G. Parking and Loading.
Development standards shall be proposed by the applicant as a part of a conditional
use permit application. Site specific development standards shall then be determined
by the Planning and Environmental Commission during the review of the conditional
use request in accordance with the provisions of Chapter 18.60.
(Ord. 8(1979) § (part); Ord. 50(1978) § 1 (part); Ord. 19(1976).§
16 (part): Ord. 8(1973) § 25.500.)
K--ilc dill ~9-esZklichc9 v�. •tit lftR7i7.'
(Ord. 19(1976) § 16 (part): Ord. 8(1973) § 25.600.)
18.36.060 Additional development standards.
Additional regulations pertaining to site development standards and the development of
land in the General Use District are found in Chapter 18.58, Supplemental Regulations.
3
ATTACHMENT #7
OUTDOOR RECREATION (OR) DISTRICT
18.33.010 - Purpose.
The outdoor recreation district is intended to preserve undeveloped or open
space lands from intensive development while permitting outdoor recreational activities
that provide opportunities for active and passive recreation areas, facilities and uses.
18.33.020 - Permitted uses.
The following uses shall be permitted in the OR district; -
A. Passive outdoor recreation areas and open spaces, i.e. picnic tables, informal
playing fields, etc.;
B. Nature preserves;
C. Bicycle paths and pedestrian walkways;
D. Interpretive nature walks.
18.33.030 - Conditional uses.
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 18.60:
A. Public parks and active outdoor recreation areas and uses, excluding buildings;
B. Equestrian trails, used only to access National Forest system lands;
C. Plant and tree nurseries, and associated structures, excluding the sale of trees
or other nursery products grown, produced or made on the premises;
D. Ski lifts, tows and runs;
E. Cemeteries;
F. Well water treatment facilities.
G. Accessory buildings (permanent and temporary) and uses customarily incidental
and accessory to permitted or conditional outdoor recreational uses, and
necessary for the operation thereof, including restrooms, drinking fountains,
bleachers, concessions, storage buildings, and similar uses.
18.33.040 - Accessory uses.
The following accessory uses shall be permitted in the OR district:
A. Horse grazing, subject to the issuance of a horse grazing permit in accordance
with the provisions of Chapter 18.58.
18.33.050 - Lot area and site dimensions.
Not applicable in the OR district.
18.33.060 - Setbacks.
In the OR district, the minimum setback shall be twenty feet from all property
lines, except as may be further restricted by the PEG in conjunction with the issuance
of a conditional use permit in accordance with the provisions of Chapter 18.60.
18.33.080 - Height.
For a flat roof or mansard roof, the height of buildings shall not exceed twenty-
one feet. For a sloping roof, the height of buildings shall not exceed twenty-four feet.
18.33.090 - Density.
Not applicable in the ROS district.
18.33.110 - Site coverage.
Site coverage shall not exceed five percent of the total site area,
18.33,130 - Landscaping and site development
Landscape requirements shall be determined by the Design Review Board in
accordance with chapter 18.54.
18,33,140 - Parking.
Off-street parking shall be provided in accordance with Chapter 18.52.
18.33.150 - Additional development standards.
Additional regulations pertaining to site development standards and the
development of land in the outdoor recreation district are found in Chapter 18.58,
Supplemental Regulations.
0
9
0
i
ATTACHMENT # S
Ownership and acreage of GNOS and AOS Zoned lands in Vail
Gmmbell
s Parcels
Acme
Ae & OD- S.— # P.—L'
Acres
TOV
3
210
TOV 36
502
VA
11
0
VA 17
57
USFS
5
72
USFS 0
0
CORP
6
41
COPP 16
39
NOWIDUALS
11
0
INDIVIDUALS 10
5;
COOT
2
4
CDOT 0
0
TOTAL
21
327
TOTAL 79
65t
Number of GNOS Parcels
40 '
35/
30 �
2si
20 '
15/''
101
GNOS Acres
25O I/
201✓
15
10
5'AIM0
Q
Number of AOS Pareels
PA
ATTACHMENT #9
Owmership and Acreage of Public Use District Zoned Lands in Vail
P011c
Pncels_
Aa
IOY
5
05
VA
I
'p
SCHOOL DIST
I
5
USrS
2
SU
CORP
5
9
11DIV[DUALS
g
9
Total
Z4
169
z
THOUGHTS ALONG THE WAY
I just heard the Vail Counsel is going to enact an ordinance
46 to control guns. This is a Frivolous, Capricious, Uninformed
Action. without going into a prolonged argument I will list
briefly what the Counsel should consider.
The United State's Constitution Second Amendment reads and I
quote:
"A well regulated militia, being necessary to the security of
a free state, the right of the people to keep and bear Arms. shall
}got be ipfrinaed."
Thats all; thats the whole of the Second Amendment. The
Second Amendment of course follows the First Amendment, the Free
Speech Amendment. According to my interpretation I would assume
that the Second Amendment is almost as important as the one
preceding it concerning speech. The reason for the Second
Amendment is it seems obvious to me. History has taught us that to
impose an authoritarian type of government you must eliminate all
popular resistance. I am not going to argue the point now; but if
one wants to change the Constitution lets avail ourselves of the
existing leaa1 procedures. We are a nation of law, lets use the
machinery available to us.
If we as a country believe that the Second Amendment or for
that matter any other part of the U. S. Constitution is not needed
or needs to be modified lets do in legally.
Lets argue all the points in an informed way. All this
political emotionalism clouds the issue. I am not a lawyer, but
the Constitution was written in a way that the common man should
understand.
Now if we want to abide and uphold the Constitution;
Article 5 provides the legal way to enact laws contrary to what is
now written in the Constitution.
Briefly, it states that Two Thirds of Congress can call for a
Convention of the States and Three Fourths of the State
Legislatures are required to pass a new amendment. This is simple
and clear.
Let us decide what we want. Our town counsels, legislatures,
commissioners, etc. are sworn to uphold the Constitution. The
Constitution was written to protect the rights of the people. Our
representatives do not at this time have the power to change
Constitutional Law.
0
*Congress of nm United States
Wpm. ,aat '
aar ttwaud rfwi = ma d�uy NM
. THE Conventions of a number of the States,
having at the time of their ado tin the
ConsConstitution, expressed a desire, 'in 2, to
prevent misconstruction or abuse of its powers,
that further declaratory and restrictive clauses ,
should be added: And as extending the ground
of public confidence in the Government, will beat
ensure the beneficent ends of, its institution:
RESOLVED by the Senate and House of
Representatives of the United States of America,
in Congress assembled, two thirds of both Houses
concurring, that the following Articles be proposed to the Legislatures of the several States, as .
Amendments to the Constitution of the United
States, all or any of which Articles, whoa ratlbod
b�t�ttcg fourths of the_tures to be valid
to all intents a'nd purposes, as part of the said
Constitution; viz.`.
ARTICLES in addition to, and Amendment of
the Constitution of the United States of America,
S
by Congress, and ratified t t the
e of the several States, pursuant to the
Article of the original Constitution....
FRWUU ac AUGUMS MUHl.20ERG
Speaker of the House of Representatives.
and President of the Se%nnatee,
AMR,
jjotRd BscAm, Clerk of the house of Representatives.
SAM, A. Ons Secretary of the Senate.
An September 25, VW Congress tranamitted to the
state teo" urns twelve proposed amendments, two of
which, lining to do with C sional representation
and Congmwjonsl pry, were not adopted. The
remaining ten amendments became the Bill of Rights.
20
0
. AMENDMENTS
TO THE CONSTITUTION
OF THE
UNITED STATES OF AMEWCA
Amendment I;'
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press, or the right of the people
peaceably to assemble, and to petition the
Government for a redress of grievances.
Amendment II�
A well regulated Militia, being necessary to
the security of a free State, the r' tt of the le
m keep and bear Arms, sfinot d.
Amendment M.
i
No Soldier shall, in time of peace be
quut and in any house, without the consent of
the Owner, nor in time of wa4 but in a manner
to be prescribed, by law.
* the first ten Amendments (Bill of Rights) were ratified
effective December 15, VW.
21
Article. IV.
Section. 1. Full Faith and Credit shall be given
in each State to the public Acts, Records, and ju-
dicial Proceedings of every other State; And the
Congress may by general Laws prescribe the Man-
ner in which such Acts, Records and Proceedings
shall be proved, and the Effect thereof.
Secffon. 2. The Citizens of each State shall be
entitled to all privileges and Immunities of Citizens
in the several States.
A Person charged in any State with Treason,
Felony, or other Crime, who shall flee from Justice,
and be found in another State, shall on Demand
of the executive Authority of the State from which
he fled, be delivered up, to be removed to the State
having Jurisdiction of the Crime.
(No Person held to Service or Labour in one
State, under the Laws thereof, escaping into
another, shall, in Consequence of any Law or
Regulation therein, be discharged from such Serv-
ice or Labour, but shall be delivered up on Claim
of the Party to whom such Service or Labour may
be due.]*
Section. & New States may be admitted by the
Congress into this Union; but no new State shall
be formed or erected within the Jurisdiction of any
other State; nor any State be formed by the Junc-
tion of two or more States, or Parts of States,
without the Consent of the Legislatures of the
States concerned as well as of the Congress.
The Congress shall have Power to dispose of
and make all needful Rules and Regulations
respecting the Territory or other Property belong-
ing to the United States; and nothing in this Con-
stitution shall be so construed as to Prejudice any
*Changed by the Thirteenth Amendment.
14
zuea ao 9(
Claims of the United States, or of any particular
State.
Section. 4. The United States shall guarantee
to every State in this Union a Republican Form of
Government, and shall protect each of them
against Invasion; and on Application of the Legis-
lature, or of the Executive (when the Legislature
cannot be convened) against domestic Violence.
Article. V.j
The Con evei two thirds of loth
Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the Ap-
plication of the Legislatures of two thirds of the
several States, shall call a Convention for propos-
ing Amendments, which, in either Case, shall be
valid to all Intents and Purposes, as Part of this
Constitution, when ratified ��ryy+ hLegislatures of
three fourths of the several 5tafese, or by Conven-
hons—mfti1S*-fourths thereof, as the one or the
other Mode of Ratification may be proposed by the
Congress; Provided that no Amendment which
may be made prior to the Year One thousand eight
hundred and eight shall in any Manner affect the
first and fourth Clauses in the Ninth Section of the
first Article; and that no State, without its Con-
sent, shall be deprived of Ws equal Suffrage in the
Senate.
Article. VI.
All Debts contracted and Engagements entered
into, before the Adoption of this Constitution, shall
be as valid against the United States under this
Constitution, as under the Confederation.
This Constitution, and the Laws of the United
Statetrwhich shall be made in Pursuance thereof;
and all 'treaties made, or which shall be made,
c
1f"
talc Y:.
Ey,
jI
Section 13. Right to bear arms. The right of no person to keep and bear
arms in defense of his home, person and property, pr in aid of the civil power
when thereto le ally summoned, shall be calledii n queston; but no ing
herein contained -shall be construed to justify the practice'of carrying con-
cealed weapons.
U
'
i�. v � . �,t coS I✓ 7 P �� 6t pis' GN
, `l �:�.
� ,_"/ Gi
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin L
Town Manager
DATE: September 16, 1994
SUBJECT: Town Manager's Report
Chanel Bridge Proiect Undate
As we discussed last week, we have been experiencing problems with sedimentation control
• on the Chapel Bridge Project. After several attempts, it appears that we have resolved this
problem and the project is proceeding. The Army Corp of Engineers and the Department of
Wildlife have signed off on the revised sedimentation control program. Because of the delays
associated with the sedimentation problems, the project is two or three weeks behind
schedule. We anticipate this project to be complete before Thanksgiving.
Ted Kendall Park Undate $
The improvements at Ted Kendall Park are also running slightly behind schedule. At this
point, we believe this project will be completed in mid October.
Covered Bridge Proiect Undate
We are currently finalizing the contract for the renovation of the Covered Bridge. The
contractor for this project will be G.A. Western Contractors. The temporary pedestrian bridge
has been ordered and we are awaiting delivery. As soon as the temporary bridge arrives, the
contractor will mobilize and begin work. This project is also scheduled to be completed by
Thanksgiving.
Ore House Awning
Please find the attach transcription of the discussion about the Ore House which occurred on
May 17, 1994. As indicated in the transcript, Mery Lapin made a motion to approve the
awning as is, with the condition that the owner agree not to further enclose the deck. Jan
Strauch requested Mery modify his motion to reflect the addition of flowers and lighting on
the dec. The motion was modified and passed 3-1.
Thus is it is clear that the addition of flowers and lights were a condition of allowing the
awning to remain as originally constructed. We have conveyed this information to Larry
Anderson and he is working to get these items installed. I have also asked Tom Moorhead to
revise the lease agreement with the Ore House to reflect these changes.
Waste Management Policv
Attached you will find a draft version of the Waste Management Policy for your review
(attachment 1). The issue of waste management is at the forefront of environmental concerns
throughout the country, including Eagle County, Colorado. The Eagle County Landfill is
filling up much faster than anticipated due to the fact that this area is growing._much faster
than expected. The Town of Vail is the home to 6 of the top 10 waste generators in the
county. It is prudent and inevitable that we begin to implement responsible waste
management activities.
The Policy outlines the waste management hierarchy which calls for 1) waste minimization,
2) reuse and waste toxicity reduction, 3) waste recycling, and finally 4) land disposal. This
order of priorities is generally accepted as the most environmentally sound. The cost
preference of buying recycled products has been set at 10% over the cost of virgin materials.
However, there is every likelihood that the Town will save money because many recycled
products are becoming less expensive, and will reduce our dependance on the landfill.
The policy calls for three recycling containers to he placed around town. Public works has
given cost estimates for construction, and offered to collect the materials and deliver them to
We Recycle. With the assistance of the Vail Board of Realtors Environmental Committee, it
seems there will be private donations to cover the entire cost of construction.
Please note the T.O.V. recycling icon this icon will be on letter head, envelopes, business
cards etc.. In addition, the icon has been used for t-shirts to give to Clean Up Day group
leaders, and some for general sale.
RAM/aw
ATTACHMENT 1
TOWN OF VAIL
WASTE MANAGEMENT POLICY
Purpose Statement
The purpose of this document shall be to set into policy the methods used by the Town
of Vail for waste management. Waste management issues are of growing concern
everywhere in the country. The Eagle County landfill, located near Wolcott, began
accepting waste in December of 1990 with an expected lifespan of 25 years.
Currently Eagle County estimates indicate that due to rapid growth in the county there
may only be about 12.5 years of remaining capacity in the existing landfill. According
to the Eagle County Master Plan, in a 1990 census Eagle County is one of the fastest
growing counties in Colorado. The permanent population of Eagle County is
approximately 17,852, but the peak season population can balloon to over 80,000. An
adjusted population average of 48,188 shall be used for comparison.
According to the Eagle County Solid Waste Management Plan (July 1993) the adjusted
average annual population in the Town of Vail is 19,051. This indicates that 40% of
the population of Eagle County is represented in Vail. While this policy is not meant
to address waste management for the entire town, as a municipal government entity
we are in a prime position to be a leader in environmental stewardship and to teach by
example.
The waste management goal of the Town is to foster an integrated waste management
system in a manner appropriate to the characteristics of the waste stream. The
following waste management practices are in order of preference:
1. Waste minimization;
2. Reuse/waste toxicity reduction;
3. Waste recycling;
4. Land disposal.
Although waste reduction is, of necessity, a multi -jurisdictional issue involving federal,
state, county, and local efforts, the Town of Vail has identified a waste reduction role
for itself. That role is one of being a promoter of waste reduction through waste
reduction education and technical assistance, by setting an example with in-house
government waste reduction and recycling activities, and a reward system for citizens
• or groups showing above average attempts to reduce waste (the Mauri Nottingham
Environmental Award)• These efforts will target both residential and business waste
generators.
Waste Minimization
The following actions shall be taken by the Town of Vail to minimize the generation of
waste materials:
1. Routing envelopes should be reused as much as possible. Documents from the
Personnel Department, and some large agenda documents should be routed rather than
multiple copies being made.
2. When making copies of documents both sides of copy paper should be utilized.
3. Implement the use of computer mail and voice mail as soon as these systems are
on line to reduce the need for written messages.
4. Use waste paper printed on one side only to produce note pads for internal use.
5. Discontinue whenever possible the use of self stick type mailing labels as they are
not recyclable.
6. Paper used for copying, memo's, and messages should be white or pastel in color
to simplify the consolidation for recycling.
7. Refillable pens shall be used in place of disposable types. •
8. Use of single use type food service items including disposable plates and cups, and
plastic silverware shall be minimized. This could include the purchase of mugs with
the Town of Vail recycling icon for use by visitors and employees.
9. Laser printer, fax machine and typewriter ribbons shall be sent for recharging
whenever possible.
10. Where possible low wattage, long life lightbulbs shall be utilized.
Ill. Procurement
It shall be the policy to purchase products for use within the Town of Vail that are
recyclable or recycled products where those products are of comparable quality,
product life and price when compared to products produced with virgin materials. A
cost preference for recycled products shall be set at 10%, to be allowed for the
purchase of recyclable or recycled products over the cost of virgin products.
Consideration shall also be given to the purchase of nondisposable products which
have a longer life than the disposable products. This policy will be reviewed annually
by Environmental Health staff, and a report given to the Town Manager. 0
A. Designate Recycled Products
The following products shall be included under this "Waste Management Policy".
1. Recycled paper and paper products. (Including, but not limited to -
writing and copying paper, letterhead, envelopes, business cards,
1 napkins, towels, toilet tissue and facial tissue.) When available
1� towels, napkins, toilet tissue and facial tissue should be of a
nonbleached nature;
2. Lubricating oil and hydraulic oil with recycled oil content;
3. Retreaded and remolded tires;
4. Products made from recycled tire rubber, including rubber
mats, garden hoses, and traffic control cones;
5. Recharged laser printer toner cartridges;
6. Recharged typewriter and non -laser type printer ribbons;
7. Reusable products or products in reusable packaging
where the reusable products or packaging are alternatives
to disposable products or packaging;
8. Lead acid batteries or rechargeable, reusable batteries;
9. Other recycled products as designated by the Purchasing
Agent.
10. Whenever possible recycled paper shall be requested for outside
printing jobs.
B. Standards for recycled content in recycled products
1. Minimum recycled content standards established for designated
recycled products should require no less than 20% post consumer waste
material content. Total recycled material content should be a minimum
of 50%.
2. The purchasing agent should purchase products with a post consumer
content above 20% when such a product is available within the cost
preference range as described in section III.
3. For paper goods the minimum recycled content of any given material
should be greater than or equal to 50% by weight. Whenever possible
products should be selected that are manufactured with a minimum of
toxic materials, such as bleached vs. unbleached paper napkins, painted
vs. unpainted pencils, paper cups as opposed to polystyrene.
4. In the case of printing and writing paper, the purchasing agent should
set a minimum total recycled content standard with not less than 50%
of the paper's total weight consisting of preconsumer waste materials
or post consumer waste materials and with not less than 20% of its
total weight consisting of post consumer waste material. Paper
purchased should be white or of light pastel colors whenever possible to 16
make recycling easier (avoid neons, very bright "christmas" red/green,
goldenrod etc.).
5. All Town of Vail letterhead, business envelopes, and business cards
will be of recycled material and display the Town of Vail -recycled
material logo.
IV. Waste Toxicity Reduction
1. Whenever possible cleaning and de -greasing solvents should have a minimum of
highly toxic ingredients. This not only decreases the toxicity of any waste materials
generated, but also lessens the likelihood of problems related to contact with skin or
eyes.
2. Rechargeable batteries should be used in place of disposable types.
V. Recycling
0
1. Each department shall provide conspicuous containers for the recycling of glass,
office paper, and aluminum and any other recyclable material they deem fit.
2. Each department shall identify a recycling officer to coordinate the collection of
recyclable materials in the department.
3. To promote recycling in the community there will be several trash/recycling
containers placed in several locations in town. Possible locations for these containers
could be near Crossroads, and/or on Bridge Street, and near the Lionshead ticket
windows. These containers will have 3 internal compartments, one for trash, one for
newsprint, and one for glass, aluminum and plastic. The container itself should be
aesthetically pleasing, and be constructed from a recycled product of some kind.
VI. Landfilling
1. As with any waste stream there is a portion of waste that will be landfilled. By
following this Policy the Town will be reducing its dependence on this final disposal
option.
VII. Monitoring
1. Baseline information regarding amounts of material purchased shall be developed by
the environmental health office. Included in this information will be current
expenditures in reference to materials purchased, and waste disposal fees to the
4
n
L.J
contracted waste transporter.
2. The Environmental Health Officer will be able to advise any purchasing agent in the
search for goods and supplies that meet the above criteria. In the event there are no
products or services available, the Environmental Health Officer will continue to seek
out new goods or services to meet the needs of the purchasing agent.
3. An annual report which will review the success of the policy and suggested areas
for improvement shall be presented to the P.E.C., Town Council, and the Town
Manager.This report will indicate amount of materials purchased, costs=associated with
these purchases, noted changes in the waste stream generated by the municipal
building, and any changes in the contract costs with the contracted waste transporter.
PRINTED ON RECYCLED PAPER
pjr c:1wp\recycle\policy.drft 7194
A •
tn
0
r
Town Council Meeting Minutes, May 17, 1994
Orehouse Awnina
Mery Lapin made a motion:
1. To approve the awning as it is;
2. That the applicants have met the January 18, 1995 deadline and that this
deadline needs to be removed;
3. The conditions that we want on this. Tom, will you give me the verbiage for the
motion.
Tom Moorhead stated that as a term of the continued lease with the Town of Vail that there
will be a provision added to the lease stating that they will not further enclose the deck area,
and if they do, the lease will terminate by its terms. He added that they will need the Town's
approval prior to any assignment of the lease in the future.
Jim Shearer seconded this motion.
Jan Strauch wanted to ensure that the applicants go ahead with what they say they will do,
and that they are not approving the awning as is and the applicants will install flowers and
lighting to give the deck a more lively feel.
Kristan Pritz stated that any outdoor lighting would need to go back before the Design Review
Board to ensure compliance with the Lighting Ordinance. She added that it was okay for the
Town Council to require the flowers and lighting.
Jan Strauch requested that Mery modify his motion to reflect the addition of flowers and
lighting to the Orehouse's deck. .
Mery modified his motion accordingly.
A vote of 3-1 approved this item with Paul Johnston opposing. It should be noted that Peggy
Osterfoss was not in the room at the time of the vote for this item.
0