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HomeMy WebLinkAbout1987-03-24 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 24, 1987 2:00 p.m. AGENDA 1. Update by 25th Anniversary Committee 2. Vail Associates/Vail Valley Foundation Request for Extension of Amphitheatre Lease 3. Discussion of Redesign of Amphitheatre Perimeter Fence 4. Discussion of a Change in the Ramshorn Condominium Owners' Restrictions 5. Discussion of Capital Projects 6. Planning and Environmental Commission Report 7. Information Update 8. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 24, 1987 2:00 p.m. EXPANDED AGENDA 2:00 1. Update by 25th Anniversary Committee David Kanally Pat Peeples Action Requested of Council: Receive presentation and ask any questions you may have. Backqround Rationale: David Kanally will be giving an update on what the Committee has been doing and make an appeal for financial backing. 2:15 2. Vail Associates/Vail Valley Foundation Request for Extension Jack Hunn of Amphitheatre Lease Action Requested of Council: Give staff direction on extension of present lease and whether terms should change or remain the same. Also, respond to questions regarding road paving and lighting. Backqround Rationale: The Vail Valley Foundation is requesting extension of the present lease for a five year term. Also, they are requesting the Town to pave the access road and provide lighting along all entrance paths. Staff Recommendation: There is no budget for these items this year, but we are talking with private firms about the possibility of donating the paving project for the Amphitheatre. Lighting should wait and be designed and budgeted as a part of the Ford Park improvements. Larry will have recommendations regarding the lease at the meeting. 2:40 3. Discussion of Redesign of Amphitheatre Perimeter Fence Tom Braun A discussion of: 1) a request to replace the existing chain link fence around the amphitheatre with a hedge and landscape barrier, 2) a request to expand the western perimeter of the alpine garden due to the new hedge and landscape barrier for the amphitheatre, and 3) a request to create an alpine garden demonstration area in the amphitheatre entry plaza. (Applicants: Vail Valley Foundation/Vail Associates, Mr. Jack Hunn and Mr. Glen Ellison; Alpine Garden, Mr. Marty Jones and Ms. Helen Fritch) Action Requested of Council: 1) Determine if the chain link fence should be replaced with a hedge and landscape buffer; 2) provide general comments on the concept of whether or not the alpine garden should be allowed to expand its perimeter 35 feet to the west; and 3) provide general comments on the concept of the alpine demonstration area. Backqround Rationale: None. Staff Recommendation: Staff recommends approval of the request to replace the chain link fence with a hedge and landscape barrier. In respect to the request to expand the alpine garden, staff feels that more information is necessary in order to determine whether or not this is a reasonable request. At this time, the staff does not feel that the 30-35 foot expansion of the alpine garden is warranted. However, the staff is willing to look at further information to make an informed decision on the expansion. Staff supports the alpine garden demonstration area as long as design plans and a letter of credit to cover the project cost are submitted. 3:10 4. Discussion of a Change in the Ramshorn Condominium Owners' Peter Patten Restrictions Action Requested of Council: Discuss the applicants' request to change the Ramshorn condominiums' use restrictions from 2 weeks in the winter and 2 weeks in the summer to 8 weeks in the winter and 8 weeks in the summer. The condition that owners of Ramshorn condominiums only use their condominiums two weeks in the winter season and two weeks in the summer season was applied to the project through a request to convert the Ramshorn Lodge to a condominium project in June of 1984. This use restriction is a requirement of the subdivision regulations governing the conversion of lodges to condominiums. The applicants are requesting to change this use restriction from 2 weeks to 8 weeks in order to increase the usage of the property. (Applicants: Mr. David Garton and Mr. Tim Garton) Background Rationale: The staff agrees with the applicant that the main intent of the use restriction is to ensure that the condominiums will be used as if the property was still run as a lodge. The section of the code which relates to converting lodges to condominiums basically allows for ownership to change but is intended to maintain the use of the project as if it were a lodge. Staff Recommendation: At this time, staff is recommending that the use restriction be changed to 4 weeks. Our opinion is that 8 weeks for owner usage during the summer and winter seasons limits the use of the units by open rental market users. 3:30 5. Discussion of Capital Projects Action Requested of Council: Review staff recommendations for each item and concur or modify. Background Rationale: Staff has prepared recommendations for action on each capital project to present to Council. Council's action on these will outline the steps to be taken over the next few weeks. See summaries of Council priorities and staff recommendations enclosed. 3:45 6. Planning and Environmental Commission Report Peter Patten 3:55 7. Information Update Ron Phillips . 4:00 8. Other -2- RECD MAR 1 1 1987 Nil,NsS®CiateS,Inc. { ,~s d 4,614, Creators and Operators of Vail and BeaVer Creek 3 March 9, 1987 Mr. Larry Eskwith Town of Vail 75 South Frontage Road Vail, Colorado 81657 RE: Gerald R. Furd Amphitheater Ref. No. 176 EXTENSION OF LEASE Dear Larry: The Vail Valley Foundation is in the process of making the necessary commitments for the final phase of construction for the Gerald R. Ford Amphitheater within Ford Park. The fund raising effort has been going extremely well and the Vail Valley Foundation is confident that the project will be complete and operational by midsummer. It is our understanding that our current lease agreement expires as of March 28, 1987 and, therefore, it will be necessary to extend the lease to permit the continued construction of the project. The purpose of this letter is to request that the extension of the Vail Valley Foundation's lease be included on the agenda for the Town Council meeting on March 17, 1987. The Vail Valley Foundation is interested in executing a longer term lease at this time and requests that the Town of Vail consider a five (5) year term. It is suggested that the lease also include a provision for termination in the event that the Town of Vail accepts the Amphitheater, together with the endowment fund, as a gift from the Vail Valley Foundation during the term of the lease. Please contact me at your earliest convenience to confirm that we will be on the agenda and to advise if you will require any information prior to the meeting. Best Regards, ` VAIN ASSOCIATES INC. Jack D Hunn, rector Real tate Development :ssp cc: Bob Knous Lissa MacKintosh Post Office Box 7 • Vail, Colorado 81658 • (303)476-5601 RECD MAR 1 1 1087 `UAsSOC1ateS9 Inc. Creators and Operators of Vail and Beaver Creek P a~ ~k March 10, 1987 Mr. Ron Phillips Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 RE: Gerald R. Ford Amphitheater Ref. No. 178 PHASE III CONSTRUCTION 'Dear Ron: The Vail Valley Foundation is pleased to announce that it is proceeding with Phase III construction of the Gerald R. Ford Amphitheater, including site development in accordance with all approvals and permits. We are soliciting an extension to the lease between the Town of Vail and the Vail Valley Foundation and will, hopefully, be meeting with the Town Council on March 17, 1987, to discuss the continuation of the project and the schedule for its completion. The purpose of this letter is to encourage the Town of Vail to expedite the completion of the following improvements within Ford Park in conjunction with the completion of the Amphitheater, specifically: 1. The completion of the access road through the park between the frontage road and the Amphitheater; including the installation of base courca, aFpha t avi•6, dro'ii.26a _ as mac.:$si,LI y and the r r landscaping of all disturbed areas. 2. The development of a lighting system along the various pathway systems leading from the three designated parking areas to the Amphitheater facility. It is suggested that this lighting system could be designed for seasonal use in order to minimize the cost. Because the Amphitheater project includes ambient and site lighting systems, night time performances will be feasible provided that Amphitheater patrons can travel safely from the facility to the various parking lots. Roadway improvements are both desirable and necessary for the safe transportation of emergency vehicles and for the convenience of equipment deliveries to and from the facility. Post Office Box 7 • Vail, Colorado 81658 . (303)476-5601 Mr. Ron Phillips March 10, 1987 Page two We believe that the success of the Amphitheater, as perceived by the public, will depend to a large extent on the image that we project this season. The completion of the pathway lighting and the paving of the road will serve to enhance the image of the project. Sincerely, VAI ASSOCIATES INC. Jack D. Hunn, irector Real E ate Development JDH:ssp cc: Bob Knous, VVF AGREEMENT THIS AGREEMENT is made and entered into as of the 1st day of April , 1986 by and between the VAIL VALLEY FOUNDATION ("Foundation"), P. 0. Box 309, Vail, Colorado 81658, and the TOWN OF VAIL, Colorado ("Town"), with Municipal Offices at 75 South Frontage Road, Vail, Colorado 81657. 1. Recitals 1. The Foundation is a non-profit, tax exempt charitable organization involved in supporting community charitable, cultural, educational and recreational programs within the Vail valley; 2. The Town desires to work with and encourages the Foundation to undertake projects which would benefit the citizens of and visitors to Vail; 3. The Foundation has agreed to assume the responsibility for the financing and construction of the Ford Amphitheater ("Amphitheater") and to obtain an endowment for the purposes of financing the ongoing repair and maintenance operations of the Amphitheater whose construction was originally begun by the Gerald R. Ford Commemorative Committee at Vail, thereby relieving the burden of so doing to the Town and providing a quality facility for recreational activities and events, and for the citizens of and the visitors to the Vail valley and the State of Colorado; 4. The Foundation has previously expended funds to complete certain preliminary work necessary to prepare the Amphitheater site for further construction; and 5. The Foundation has raised funds to do additional work on the Amphitheater and remains committed to the completion of the Amphitheater and to the maintenance of the Amphitheater for a period of no less than five (5) years or until an endowment can be raised for that purpose. NOW, THEREFORE, the Foundation and the Town agree as follows: II. Aqreement 1. Ground Lease On the terms and conditions set out below, and the consideration of the payment of ten dollars ($10.00) by the Foundation to the Town and the prompt performance by the Foundation and the Town of the covenants and agreements to be kept and performed by the Foundation and the Town, the Town does lease to the Foundation and the Foundation hereby leases from the Town the following property described in Exhibit A attached hereto ("property") lying in the Town of V?-'[, County of Eagle and State of Colorado. 2. Term This lease shall be for a term commencing on April 1 1986 and ending March 31 1987, unless sooner terminated as hereinafter provided. 3. Rental The Foundation agrees to pay the Town a rent of ten dollars ($10.00) for the full term of this lease payable in advance at such place as the Town may specify in writing to the Foundation. 4. Lease Expenses and Costs During the term of this lease the Foundation shall pay all costs, expenses and obligations of every kind or nature relating to the property or the improvements thereon which may arise or become due. Notwithstanding the foregoing, the Town will impose no expense or cost on the Foundation which would cause the Foundation to lose its tax exempt status. 5. Payment of Taxes During the term of this lease the Foundation shall pay, before any fine, penalty, interest or cost may be added, or become due or be imposed for nonpayment thereof, all taxes, assessments, water and sewer rents, rates and charges, transfer taxes, charges for public utilities, excises, levies, licenses and permit fees, and other Governmental charges which during the term of this lease may be assessed or become a lien on the property with respect to the Amphitheater improvements on the property itself. Notwithstanding the foregoing, the Town will impose no tax, assessment, rate or charge which would cause the Foundation to lose its tax exempt status. 6. Improvements During the term of this lease the Foundation shall be permitted to construct the following elements of the Amphitheater in accordance with plans approved by the Town of Vail: 1) The basement below the stage. 2)_ The stage system as designed by the Architect of the Amphitheater. 3) The vaulted roof forms over the stage and seating areas. -2- 4) The wing walls adjacent to the stage to help focus attention to the performance and to provide a backstage area for the performers. 5) The bermed seating area to the west and north of the project. 6) Electrical lighting and service systems related to the roof system over the stage. 7) The relocation of primary electrical power which is in conflict with the Amphitheater construction. 8) The reconstruction of the existing bike path to the south and east of the facility. 9) The landscaping of the area immediately south of the stage to provide a backdrop for performances. 10) The rough grading and hydro-mulching of the entire construction site to control dust. During the term of this lease the Foundation shall continue its fund raising and as additional funding becomes available, may continue construction on the. Amphitheater to provide the following in accordance with plans approved by the Town of Vail: 1) The tickets/concession building. 2) The public restroom facility. 3) The performers' restroom and "green room" facility. 4) The storage and receiving building. 5) The expanded seating slab and the creation of the box seats, grass seating areas and planter boxes below the roof. 6) All site retaining walls. 7) All landscaped construction, perimeter control fencing, the 'irrigation system and decorative iron gates as originally proposed and approved. 8) The brick paving in all plaza areas. 9) Asphalt paving in the designated areas. 10) The connection of water and sewer systems to the existing infrastructure and, consequently, the payment of applicable tap fees. The Foundation shall not authorize any variance from the plans or specifications which have been approved by the Town for the construction of the Amphitheater without the prior written approval of the Town. -3- The Foundation shall not use the property for any other purpose except for the construction and maintenance of the Amphitheater as set forth herein and limited fund raising activities after a TCO is issued. 7. Permits The Foundation shall procure permits necessary for any construction work it wishes to proceed with on the property and during such construction skull comply with all applicable legal requirements. All work done by the Foundation shall comply with all applicable laws, ordinance and regulations of the State of Colorado and the Town of Vail. 8. Bonds If the work done by the Foundation on the property is to exceed the total sum of fifty thousand dollars ($50,000.00) the Foundation shall obtain all the necessary surety bonds from the contractor who is to do the work as required and set forth by Title 38, Article 26 of the Colorado Revised Statutes, as amended. The Foundation shall submit to the Town for its review, which approval shall not be unreasonably delayed or withheld, a copy of the written construction agreement with the general contractor who is to do the work on the property. 9. Waiver of Fees The Town agrees to waive all building and development fees within its control and to aggressively recommend in writing to other Governmental and, public entities and political subdivisions t"cL sucl- entities and political subdivis ons also waive any fees that may normally be assessable during the development of the amphitheater. 10. Insurance At all times during the term of this agreement the Foundation shall .carry and maintain the following insurance policies with insurance companies satisfactory to the Town. Such policies shall include a provision requiring a minimum of thirty (30) days notice to the Town in case of change or cancellation. 1) From the time when construction of any improvements commence a builder's risk policy in an amount equal to cover the current replacement cost of any such improvement. 2) From the time when this lease commences, comprehensive general liability insurance in an amount of one million dollars ($1,000,000.00) per occurrence including the following coverages: Contractual insurance; personal injury; premises operations; explosion, collapse and underground hazards; product -4- f , completed operations hazards; broad form property damage; and independent contractors. 3) The Foundation shall require all contractors and subcontractors performing services in the construction of any improvements on the property to obtain worker's compensation insurance in accordance with the provisions of the Workman's Compensation Mct of the State of Colorado for all employees engaged in the construction of said improvements. 4) From the time any improvements are completed on the property and while this lease is still in effect, fire and extended coverage insurance in an amount equal to one hundred percent (100%) of the full replacement cost of the Amphitheater. All policies of insurance required to be maintained by the Foundation shall name the Town and the Foundation as the insured as their respective interests may appear. The Foundation shall provide the Town with certificates of insurance evidencing the policies listed above prior to the commencement of the term of this agreement. The Foundation and the Town agree that in the event of the destruction or damage of any of the improvements constructed by the Foundation all insurance money which is payable to the Town and/or the Foundation shall be utilized to replace or repair said improvements. Any excess money received from insurance after the reconstruction or repair of said improvements, if there be no default on the part of the Foundation in the performance of this agreement, shall be paid to the Foundation. 11. Indemnification The Foundation agrees to indemnify, defend, hold and save harmless the Town against any and all claims, debts, demands or obligations which may be made against the Town arising by reason of or in connection with any alleged act or omission of the Foundation or any person claiming under, by, or through the Foundu:icn; and if it beco,,es necessary for the Town to defend any action seeking to impose any such liability, the Foundation shall pay the Town all costs of court and attorneys fees incurred by the Town in such defense in addition to any other sums which the Foundation may be called upon to pay by reason of any entry of judgment against the Town in any such litigation. The Town agrees to indemnify, defend, hold and save harmless the Foundation against any and all claims, debts, demands or obligations which may be made against the Foundation arising by reason of or in connection with any alleged -5- act or omission of the Town or any person claiming under, by, or through the Town; and if it becomes necessary for the Foundation to defend any action seeking to impose any such liability, the Town shall pay the Foundation all costs of court and attorneys fees incurred by the Foundation in such defense in addition to any other sums which the Town may be called upon to pay by reason of any entry of judgment against the Foundation in any such litigation. 12. No Lien The Foundation agrees that it will not permit or suffer to be filed or claimed against the interest of the Town in the property during the term of th's . agreement any lien or claim of any kind and if such lien or claim be filed, it shall be the duty of the Foundation thirty (30) days after having been given notice of such lien or claim by the Town to cause the property to be released from such lien or claim either by payment or by posting of a bond or by the payment into the appropriate court of the amount necessary to relieve and release the property from such claim, or in any other matter which as a matter of law will result, within such period of thirty (30) days, in releasing the Town and the property from such lien or claim. 13. Assignment This lease is not assignable without the prior %,iritten approval of the Town. 14. Financing The Foundation.shall be responsible during the term of this lase for financing the construction of any improvements on the property and for the repayment of any loans obtained for the construction of the improvements on the property. The Foundation agrees to indemnify and hold the Town harmless from any failure to repay any loan used to finance the construction of said improvements. 15. Repair Obligations During the term of this lease the Foundation will keep in a good state of repair the property and all improvements constructed on the property by the Foundation. The Town agrees that during the term of this lease it will be responsible for the maintenance of the Gerald R. Ford park other than the property and the improvements constructed thereon including, but not limited to, maintenance and operations of parking areas, access roads and existing public restrooms outside the leased property. -6- 16. Foundation's Default and Termination of Lease The Town may give the Foundation five (5) days notice of the intention to terminate this lease if the Foundation is in default in the performance of any of the covenants, terms or conditions of this lease and such default is not cured within thirty (30) days after written notice thereof given by the Town. If the Town shall give the five (5) days notice of termination, then at the expiration of such period this lease shall terminate as completely as if that were the date dali1.1--. fixed for the expiration of the term of this lease and the Foundation shall then surrender the property to the Town. If this lease shall so terminate, it shall be. lawful for the Town at its option, without formal demand or notice of any kind, to reenter the leased property by any means, including force, and to remove the Foundation therefrom without being liable for any damages therefor. The Foundation shall remain liable for all its obligations under this agreement despite th_= termination of this lease and the Town's reentry. The Foundation shall have the right to terminate this agreement upon the completion of the Amphitheater and the establishment of an endowment in the amount of four hundred thirty five thousand dollars ($435,000.00) to be used exclusively for the operation, maintenance and repair of the property and the Amphitheater. 17. Expiration At the expiration of this lease the Foundation will deliver possession of the property and all improvements including any furnishings, fixtures and equipment which the Foundation may have affixed upon the property to the Town. 18. Maintenance of the Amphitheater The Foundation shall be and remain fully and solely liable for all costs and expenses relating to the operation, maintenance and repair of the property and all improvements thereon until March 31, 1991 or until such time that an endow- ment in the amount of four hundred thirty five thousand dollars ($435,000.00) in cash or Federal securities is established by the Foundation exclusively for the operation, maintenance and repair of the orooerty and Amphitheater and agreement has been reached by the respective parties as to the management of the endowment. 19. No Waiver No waiver of a breach of any of the covenants in this lease shall be construed to be a waiver of any succeeding breach of the same covenant. -7- 20. Written Modifications No modification, release, discharge or a waiver of any provisacros hereof shall be of any force, affect or value unless in writing signed by the Town and t"? Fcu elation. 21. Entire Agreement This document and its Exhibits contain the entire agreement between the Town and the Foundation as of the date of signing. The execution hereof has not been induced by either party, by representations, promises or understandings not expressed within this agreement, and there are not collateral agreements, stipulations, promises, or undertakings whatsoever upon the respective parties which in any way touch the subject matter of this instrument which are not expressly contained in this instrument. 22. Notices If either party desires to give notice to the other in connection with and according to the terms of this agreement, such notice shall be by a registered or certified mail and it shall be deemed given when deposited in the United States mail with postage prepaid and such notices are addressed as follows: Town of Vail 75 South Frontage Road Vail, Colorado 81657 Vail Valley Foundation P. 0. Box 309 Vail, Colorado 81658 IN WITNESS WHEREOF, the parties so sign this agreement on this 2nd day of April 1986. TOWN OF VAIL VAIL VALLEY FOUNDATION By: By: Rondall V. Phillips, Town Manager John Horan-Kates, President -8- A~ TO: Town Council FROM: Community Development Department DATE: March 24, 1987 SUBJECT: Changes to the amphitheatre and relocation of the Alpine Garden I. REQUEST A. The Vail Valley Foundation is requesting that the chain link fence be removed from the amphitheatre design and be replaced by a "hedge" and landscape barrier. The landscape barrier would follow the exact same line as the original fence. The Foundation has submitted a conceptual plan for Town Council review. B. Secondly, the Alpine Garden supporters feel that the change to the landscape barrier is a good idea, however, their opinion is that the proposal encroaches into their project area. They would like to extend the alpine garden to the west approximately 30-35 feet in order to maintain an adequate buffer between the projects. C. The alpine garden supporters would like to create a demonstration alpine garden in the proposed landscape island in the entry plaza to the amphitheatre and alpine garden. This space is approximately 76 feet x 36 feet. Instead of the amphitheatre planting the island with spruce and aspen, the Alpine Garden Club would like to create an alpine garden in the island. II. The DRB reviewed the three requests at their meeting on March 19, 1987. They support the idea of the landscape barrier as long as the concern for securing the amphitheatre and liability are addressed by the applicant for the Town Council. The Board also supported the idea of the demonstration garden and felt that it would create a more interesting entry plaza. At this time, they had no specific comments on the issue of the Alpine Garden expanding to the west 30-35 feet. III. STAFF RECOMMENDATION A. Landscape Barrier Staff supports the idea of removing the chain link fence and replacing it with a landscape barrier. It will be very important to design the landscape barrier so that the hedge p; appears as natural as possible and the surrounding landscaping tapers down so as not to create an unnatural look for the park. Our opinion is that the conceptual drawing does not indicate clearly who is responsible for what plantings. Staff recommends that at the final Design Review Board review of this project on April lst, the applicant submit a drawing that clearly shows only those plantings proposed by the amphitheatre. We realize that these plantings will blend in with the alpine garden, but our concern is that substantial planting be pinned down through this approval. With respect to liability, the staff feels that the Town Council must determine if it is reasonable to have the landscaping instead of a chain link fence for control. B. Expansion of Alpine Garden to the West As far as the question of whether or not the alpine garden should expand to the west an additional 30 to 35 feet, staff is concerned that the request will have a negative impact on the informal playfield to the west of the garden. Our opinion is that perhaps an additional 10 to 15 feet could be added to the alpine garden on the west side of the project. However, at this time the staff is not convinced that even that additional width is necessary. In order to better determine if any increase in alpine garden area is warranted, the staff would request that the alpine garden and Vail Valley Foundation submit a drawing that clearly shows the following information at a scale of 1" = 501. 1. The existing perimeter of the alpine garden in relation to the surrounding park uses. 2. The proposed alpine garden perimeter with the expansion to the west 35 feet. 3. The existing amphitheatre fence and landscape perimeter. 4. The proposed hedge and landscape barrier. 5. The original amphitheatre fence line. When this information is submitted on one drawing, the staff will be able to determine the specific impacts of the request to expand the alpine garden by 35 feet. At this time, however, the staff feels that 35 feet is unnecessary and at the most 10 feet of expansion to the west may be warranted. C. Alpine Garden Demonstration Area Staff supports this concept. We would ask that the alpine garden provide design plans for the landscaping and a letter of credit to cover the project costs before final approval is given to the idea. our opinion is that the project will be very positive for the plaza for both the amphitheatre and alpine garden. We also agree with the DRB that the design will need to have some height and softness so that the plaza does not become too cold and hard in its appearance. TO: Town Council FROM: Community Development Department DATE: March 24, 1987 SUBJECT: Request to relax the use restriction on the Ramshorn Condominiums which limits owner useage to 2 weeks in the winter and 2 weeks in the summer Applicants: Mr. David Garton and Mr. Tim Garton 1. THE REQUEST The applicants are requesting to relax the use restriction on an owner's useage of a Ramshorn condominium. In Section 17.26.075 of the Subdivision Regulations concerning converting accommodation units to condominiums, it states that, "An owner's personal use of his unit shall be restricted to 14 days during the seasonal periods of December 15th through April 15th and 14 days during June 15th through September 15th. This seasonal period is hereinafter referred to as 'high season.' 'Owner's personal use' shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable...." The Gartons are requesting to change the use restriction from 2 weeks during the winter and summer high seasons to 8 weeks in the winter and summer high seasons. Owners would be obligated to put their units on the open rental market when the units are not being used during the high season. The applicants are also saying that they would furnish their unsold condominiums and put them into the rental pool. The applicants have submitted the following reasons why this change is justified: "We are unable to sell our Ramshorn condominiums with the current use restrictiion, Municipal Code of the Town of Vail, 17.26.075. Attached to this letter is a copy of our current price list as compared to our original price list. Even with these significant price reductions, we have not sold a Ramshorn condominium since August 1, 1985. Basically the use restriction does not fit the condominium useage pattern extant in ski areas today. It has made our condominiums unsaleable. Worst of all for Vail, the unsold Ramshorn condominiums are not being utilized at all by visitors to Vail. The use restriction as it stands right now is unnecessary and intolerble; the rental obligation is both desirable and tolerable. We request that the use restriction be relaxed, not lifted for the Ramshorn condominiums to limit owner useage to 8 weeks in the winter and 8 weeks in the summer. The rental obligation would continue in effect as is. In return, we would furnish all our unsold condominiums and put them into the rental pool." II. DECISION MAKING PROCESS FOR THIS REQUEST Section 17.26.075 F. states that the Town Council is responsible for reviewing any requests to modify the conditions for the conversion of accommodation units to condominiums. This section states: "All conditions set forth within this section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shall govern the property which is the subject of the application for the life of the survivor of the present Town Council plus 21 years. Conversion of accommodation units located within a lodge pursuant to this section, shall be modified only by written aqreement of the Town Council and the owner or owners of the units which have been converted into condominiums. The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the Town Council." Simply stated, the Town Council has the responsibility to review any requests to modify the conditions of lodge conversions to condominiums. For this reason, staff felt that it would be helpful to have a work session on the request before the issue would be presented at an evening Town Council meeting. After the work session, the applicants would be required to submit their request with the approval of the owners of any of the condominium units and other owners in the project before the Town Council could approve the request to modify the use restriction. Once the Town Council has given their approval of the use restriction, the approval would be written in an agreement signed by the Town Council. It should be noted that this request is project specific and would not apply to other projects that have use restrictions. III. BACKGROUND ON THE REQUEST In June of 1984, the new owners of the Ramshorn Lodge requested to convert the lodge into a condominium. This request came under the subdivision regulations Chapter 17.26, Condominium Conversion, with the specific section relating to accommodation unit conversions being applicable. This request was approved by the Planning Commission. Below is a table which explains the existing, proposed and allowable statistics relating to the Ramshorn property. EXISTING PROPOSED # SQ FT # SQ FT Accommodation units 28 8,146 17 6,266 Dwelling units 3 2,479 7 5,903 Total density 17 10,625 15.5 12,169 Common lobby/lounge 2 1,337 2 1,038 Total allowable 13 18,572 2.5 6,403 over under Parking spaces 33* 33 *Applicant has ability to add an additional 4 spaces and is required 35 total spaces including the meeting room requirement. Please see the enclosed information related to this request: 1. PEC memo dated 6/20/84 2. PEC minutes 3. Garton letter, 3/4/87 4. Condo Conversion Section 17.26.075 IV. BACKGROUND ON THE USE RESTRICTION The primary principle behind the use restriction was that lodges are a use which should be maintained, particularly in the Village and Lionshead areas. The accommodation unit conversion section of the code allows the ownership to change for a project, but maintains the use pattern as if the project is still operated as a lodge. The use restriction was created so that an owner buying a condominium would have the use of the unit during high season periods for only two weeks per season. This restriction made the unit available to other guests during these high season periods. The concern was that if the use restriction did not exist, the original lodge units would no longer be available to the general public due to being converted to condominium units. For this reason, the use restriction has been applied to any conversion of a lodge to condominiums to maintain available lodge rooms. The second objective of the use restriction is to ensure that the rooms will be filled as much as possible. In many condominium projects, owners are not using their condominiums throughout the year and the condos are empty. If the condos are required to be placed on the open rental market when not being used by owners during their two week periods in the summer and winter, these rooms will be available to rent for guests. This ordinance does make it somewhat difficult to convert lodge rooms to condominiums and staff believes that it is important that it does not become appealing to convert lodqe rooms to condominiums, as it is important to maintainae available for the open rental market. However, the staff does realize that the Ramshorn project is not being utilized to its full extent as was intended through the condominium conversion that occurred in 1984. We agree with the applicant that the use patterns have changed in resort communities today as far as how long condominium owners wish to use their units. Some of this change is due to the fact that resort communities no longer have such a speculative market. Those people who actually buy condominiums tend to want to use them more frequently, as they are not buying them solely for investment purposes. Staff has also noticed that the Park Plaza project in Beaver Creek sells five week interval ownership packages covering both the summer and winter seasons. This appears to be more in line with the useage amount of a second home owner in resort areas. IV. STAFF RECOMMENDATION The staff's opinion is that 8 weeks in both the summer and winter high seasons is not an appropriate change to the use restriction. It should be remembered that the Ramshorn was originally a lodge and that during the conversion, it was made clear that even though the ownership changes, the project should still function as a lodge. Our opinion is that if the 8 week restriction is used, too much of the prime time for guest rentals will be taken away from the open market. Our opinion is that a relaxation to 4 weeks for both the winter and summer high seasons is more reasonable. The rental obligation must continue as well as the condition that the Ramshorn owners furnish all the unsold condominiums and put them into the rental pool. Staff's objective is to ensure that the Ramshorn project is utilized by owners as well as guests as much as possible. Our opinion is that the 4 week restriction is a reasonable way to facilitate greater use of the project. Essentially, the winter season is 17 weeks and the summer season is 13 weeks. It is felt that 4 weeks during each of these seasons is a reasonable amount of time for an owner to use the condominium. If it is assumed that the owner has 4 weeks during the high seasons, that allows the owner to use the condominium 24% of the time during the winter and 31% of the time during the summer season. Staff feels that this is a reasonable amount of time for the owner's use. If the use restriction is 8 weeks, the owner would have the use of the condominium 47% of the time during the winter season and 62% of the time during the summer season. It is felt that these percentages go against the original intent of the use restriction to keep units available to the tourist market. We also feel that it is very important that the Ramshorn owners furnish their unsold condominiums and put them into the rental pool. The owners have agreed to do this, which should greatly help with the utilization of the project. For these reasons, the staff feels that 4 weeks plus the rental obligation and furnishing of unsold condominiums for the rental pool would be a reasonable solution to the Ramshorn dilemma. ?l~rntnn ^.d Envtrnr7enta] Co:..ission F:;O,I: Cc mun i ve iopment Department DATE: June 20, 1984 SUBJECT: Request for a condominium conversion of the Ramshorn Lodge Applicant: Polar Partnership I. THE REQUEST The Ramshorn Lodge has changed property ownership recently, and the new owners wish to convert the lodge into a condominium and construct a major remodel of the interior of the lodge. This request falls under the sub- division regulations, Chapter 17.26, Condominium Conversion, with the specific section relating to accommodation unit conversions applicable. The applicants are proposing to restrict all but three of the accommodation and dwelling units proposed even though the ordinance requires only the accommodation units to be restricted in terms of owner use. This property encompasses two lots, one which is zoned Public Accommodation and contains 23,216 square feet (.533 acre) and another lot of 6,006 square feet zoned Parking District. The following table explains the existing, proposed, and allowable statistics relating to the property (including parking). EXISTING PROPOSED NO. SQ FT NO. SQ FT Accommodation Units 28 8,146 17 6,266 Dwelling units 3 2,479 7 5,903 Total Density 17 10,625 15.5 12,159 Common Lobby/Lounge 2 1,337 2 1,038 Total Allowable 13 18,572 2.5 6,403 over under Parking Spaces 33* 33 * Applicant has ability to add an additional 4 spaces and is required 35 total spaces including the meeting room requirement. * ( RAMSHORN -2- 6/20 These numbers reveal that the number of accommodation units is being< reduced, the number of dwelling units is proposed to increase, a slight';:,`'', reduction in lounge area is proposed, and that the parking needs can be met. It should be noted that part of the request is to eliminate the existing lounge adjacent to the check-in office area on the main floor of the lodge, while slightly increasing and greatly improving the existing lower level game room area. The proposal is to construct a meeting room facility where the game room now exists to accommodate.approximately 60 persons. The net loss in square footage is approximately 300 square feet of common area under this proposed revision. Also, gas fireplaces will be installed in accommodation units, while the creation of seven new wood burning fireplaces would occur in the new meeting room and in 6 of the new dwelling units. II. CRITERIA TO EVALUATE THE PROPOSAL The criteria to evaluate the condominiumization of the lodge is found in Section 17.26.060 relating to all condominium conversions whether accommodation units are involved or not, as well as 17.26.075, the specific section addressing requirements for converting accommodation units to condominiums, and also 17.26.080 which, again, applies to all condominium conversions and not specifically toward lodge conversions. The Town Building Department has completed the required inspection for conversion, and the applicant has agreed to the list of changes required. Criteria relating to tenants' occupancy, employee housing, and current rental rates are not applicable to a lodge conversion. III. COMPLIANCE WITH STIPULATIONS OF SECTION 17.26.075 REGARDING ACCOMMODATION UNIT CONVERSIONS The request is basically in compliance with the section regulating accommodation unit conversions with the exception of the reduction of size of common areas. The section stipulates that the common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character." It goes on to say that "any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. It is the staff's interpretation that'the proposal does not strictly meet the standards of this provision. However, it should be noted that this provision is a discriminatory one toward applicants wishing to condominiumize a lodge over applicants wishing to merely obtain a building permit to alter common areas of a lodge without converting to condominiums. In other words, an existing lodge owner could obtain a building permit to reduce in size or alter the existing common areas of the lodge without being required to meet the provisions of 17.26.075. Once an applicant wishes to condominiumize and remodel simultaneously, the provision relating to common areas then applies. This is an existing loophole within our regulatory system which creates an inequity toward a property owner wishing to change the ownership format of the lodge. With this in mind, the staff feels the net reduction of 300 square feet of common area should be reviewed within the overall context of the project orn -3- 6/20/84 and not be an item to singled out. Also changes relating to the proposed condominium declarations and what the specific language requires in the Town ordinance need. to be addressed.as conditions of approval. IV. STAFF RECOMMENDATION The staff feels that, although the specific intent with regard to common areas is not being complied with, the overall project generally meets the intent of the ordinance to not have a change-of use occur on the property. The applicants do propose a large improvement effort to the property. (see attached cost estimate) and are restricting all but three dwelling units to the 14 day high season use restriction as per the ordinance. Technically, they would only be required to restrict the 17 proposed accommodation units and not the additional 4 dwelling units proposed. Moreover, the addition of the meeting room and its concurrent marketing could be a benefit to the community with regard to attracting small group business meetings. The following conditions of approval will apply to this project: 1. All accommodation units may have only gas fireplaces which must be specifically approved as such by the Community Development Department. C~ L2. The condominium declaration proposed shall be revised to reflect the 14 day owner use restriction period and not the 15 day period currently contained in the declarations. ___-3. The declarations shall contain language stating that the declarations may be changed only with the prior written approval. of the Town Council. 4. The declarations shall contain language stating that all business activity relating to sale of the condominium units shall comply with local zoning and sign ordinances. 5. Items 1 through 13 contained within the Addendum to Application for Condominium Conversion of Ramshorn Lodge as submitted by the applicant as part of the application shall become part of this approval and binding upon the applicant. `C -2- 6/25/84 in the area and is totally in concert with the Urban Design Guide Plan. One problem is that the project takes out some very nice landscaping that screens the corner of the Gondola Building. Jack Hunn, representing the applicant, responded to the landscape issue by stating that Richard Matthews gave Vail Associates a letter stating his opinion as to which trees could be replanted. The letter said that some of the Aspen trees could not be successfully transplanted, but that the large spruce could be replanted. Hunn proposed using large trees with a new configuration for the new landscaping. Bill Pierce, architect for the project, stated that this project used space that was already in existence--in effect it was an infill project rather than a proposal that added more square footage to the--size of the building. He felt that the building was needed. Edwards felt that the staff should keep track of V.A's parking allotted to the Gondola Building. Donovan and Rapson felt that the DRB should look closely at the landscaped area'and at the size of the trees to allow screening of the building. Jim Viele moved and Will Trout seconded to approve the request for the exterior alterations per the staff memo dated June 21, 1984 and to approve a conditional use to have an office above the 2nd floor. The vote was 6-0 in favor, unanimous. 6. Request for a conditional use permit in order to add a dininq deck onto Purcell's Restaurant in the Lifthouse Lodqe. Applicant: John Purcell Tom Braun described the proposal, adding that it complied with the Lionshead Improvement Program, and the use conformed to the Urban Design Guide Considerations relating to commercial expansion. He added that the staff was concerned about two existing trees. He stated that the plan allowed for the trees to be saved and that the staff supported the project as long as the two trees were saved. John Perkins, representing Ken Wentworth, the architect, stated that the two trees would be saved. Rapson moved and Viele seconded to approve the request as per the staff memo with the condition that the ees be sa The vote was 5 in favor with none against, and Donovan rthe aining becae of conflict of interest. 7. Request for condominiumization o Ramshorn Lodge loca ed on Lot A, Block 3, Vail Village 5th Filinq. plicant: Polar Part ership Peter Patten described the request as per the staff memo stating that the staff recommended approval because the majority of the project met the conversion criteria as long as the applicant met the five points outlined in the memo and the 13 points attached to the memo. Jay Peterson, representing the applicant, was on hand to answer questions. Donovan asked if the 14 day restriction was for both summer and winter, and the answer was that it was. Edwards was concerned that the parking requirement was not pinned down. Patten explained that it was difficult to determine an exact number of parking spaces because the conference room was also a lounge area. Dan Corcoran, engineer on the project, stated that the F-1 property could handle 16 spaces--that landscaping would also have to be included. Peterson stated that the facility would be a lounge most of the time, and felt that 33 spaces would be adequate. He added that they could actually have 27 spaces, that PEC 6/25/84 33 was a compromise, and 35 would be at the expense of less landscaping. Edwards and Trout both wanted to have the number of parking spaces finalized at PEC. Will felt that it was important as well"..as a-submittal requirement.to have parki outlined on the site plan. Peterson stated that he was open to a PEC decision on the parking. Patten felt that there was ambi uity in the ordinance, that the staff felt 16 to 18 spaces could be provided on the F-I property, and the staff recommended that 35 parking spaces be required. Rapson felt that 35 spaces should be provided and striped. Viele agreed but felt that he would be sympathetic to a parking variance because he did not want to see more asphalt than was necessary. Donovan wanted to see more landscaping as opposed to more asphalt. She stated that she would like to see a stipulation that if additional parking was necessary that it would be added. She wanted to insure that the Ramshorn would not remonstate against the sidewalk improvement part of the Golden Peak project, and she asked if the Ramshorn would pay for their part of the sidewalk. Peterson felt that it would be unfair for the Ramshorn to pay unless an improvement district was formed. He agreed to be part of an improvement district. Donovan did not feel that the conversion would be a positive addition to the community Peterson responded with the statement that this w.as a change of ownership, not a change of use, and the change of ownership would allow for an upgrading. Piper reminded the PEC that Cascade Village did receive a compromise on parking and he would like to see a compromise to 33 spaces to allow for additional landscaping. Patten reminded the board that in the summer additional parking was available at Golden Peak. Jim Morter, architect, added that the Ramshorn track record also had been good. Patten stated that a landscape buffer would have to be added no matter what. Edwards moved and Piper seconded to approve the conversion per the staff recommendatior with the chanqe to 8A of 31 spaces and if needed 4 more spaces be added, that 8c, the fence encroaching on the Town of Vail riqht-of-wa_y will be removed at the applicant's exoense.that 8B be omitted, that the five points in the memo and the other 13 points in the addendum to the application be adhered to with with.the exception of 8B. The vote was 5 in favor with Trout abstaining because he felt the plan should delineate the parking spaces. rams-horn VAIL, COLORADO 81657 PHONE (303) 476-5546 March 4, 1987 Mr. Peter Patten Building Department Town of Vail 75 South Frontage Rd. Vail, CO 81657 Dear Peter: Reflecting our meeting Friday afternoon, following is a description of our situation and an outline of our request: We are unable to sell our Rams-Horn Condominiums with the current Use Restriction, Municipal Code of the Town of Vail, 17.26.075. Attached to this letter is a copy of our current price list as compared to our original price list. Even with these significant price reductions, we have not sold a Rams-Horn condominium since August 1, 1985. Basically the Use Restriction doesn't fit the condominium owner usage pattern extant -in ski areas today. It has made our condominiums unsaleable. Worst of all for Vail, the unsold Rams- Horn Condominiums are not being utilized at all by visitors to Vail. The Use Restriction as it stands right now is unnecessary and intolerable; the Rental Obligation is both desirable and tolerable. We request that the Use Restriction be relaxed, not lifted, for the Rams-Horn Condominiums to limit owner usage to 8 weeks in the winter and 8 weeks in the summer. The Rental Obligation would continue in effect as is. In return, we would furnish all our unsold condominiums and put them into the rental pool. qP,--jectfu ly s ubmitted, uar n Tim Garton cc: Mayor Paul Johnston Vail Town Council .r { I ~ c cic~tlov~ l~n~~ ~ o i l l 6.075 Condominium Conversion 17.2 . U , Any applicant seeking to convert any accommodation unit within the tom shall comply with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two units or less. A. I i,c rr s}ui r, mc_nis an~1 restxi.cL i n:: I~crrc~in Colltlii l„ rl :;hall be illcl.uded in the condominium declaration for the projecL, and filed of record with the Eagle County clerk and recorder. `l)o condominium units creates: shall remain in the short term rental market to be used as temporary accommodations available to the g(-ncr,.l public. 1. An owner's personal use of his unit shall be restricted to fourteen days during; the seasonal periods of December 15th through April 15th and fourteen days during June 15th through September 15th. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lode, however, shall not be r.estr~cted by this section. 2. A violation of the owncr's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condomil)iu:n association of three times a rate considered to be a. reasonable d, ily rental rate for the unit at the time of the violation,. ~rhi eh r~sss s:;r~ent ~:lic n ci d shat 1 be dcpositc,d in the gencral fulids of the c01;c3011)1n i L:m .z ,-r,0C:i ;it. i on f 6l' use in upfj-;Ldi ng an,l x ep.,liring the Common c!'Lc•Illents of the es~ne3c,rni ni i;n,t:. 'A11 sung; assessed against the owner for violation of the c\,iner's persona]. Ic use restriction and unpaid shall constitute a lien for the benc- fit of the condominium association on that owner's unit, whicl, lien shall be evidenced by written notice placed of record in the office of the cl.erh, and recorder of Eat;].(-,* County=, Colorado, and which may be collected by foreclosure,. on an owner's condo- minium unit by the association in like manner as a mortgage or deed of trust on real property. The condomi.niuir, association's failure to enforce the owner's personal use restriction shall give the town the right. 'to enforce the restriction by the ac-;sessment and the lien provided for hereunder. If the town enforces the: restriction, the town shrill receive the funds collected a- result of such enfo1-cc11JU i.. In the c vcii t, liti.gatic~n r.•esult.s fT.on] thE; enforcrinent of the restric,tion,. as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred. 3. The Town shall have the right to require from the condo- minium association an annual report of owner's personal use during the high seasons for all converted condominium units. B. Any locrge located within the.Town which has converted accomo- ration units to condominiums shall continue to provide custoilliry Iod;;c: facilities and services including a customa r;; 11-L1-keti,1it; pro""ram . A C. The converted condominium units shall remain available to the general tourist market. This condition may be met by inclusion of the units of the condominium project, at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town.. D. The_-cz cn areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous'character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. E. Any accommodation units that were utilized to provide housing for employees at any time during the three years previous to the date of the application shall.remain as employee units for such duration as may be required by the Planning and Environmental Commission or the Town Council. F. Applicability: All. conditions set forth within this section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns anu Shall govern the property which is the subject of tiro application for the life of the survivor o.f the present Town Counc.i.l plus twenty-one years. Conver- sion of accommodation units located within a lodge pursuant to this section, shall be modified only by the written a-rt,~cmcnt of the Town Council and the owner or owners of the units which have been cr.nvert.c,d into condominiums. The documents crcati.nn and governing any ?c rc.,! lotion unit which has barn convertcd into a coiiclom.i.nium shall ho only v ith the prior wri.ttc,!i nx,dific_cl by the owners of such units approval, of the Town Council.. -37 ~K G. Procedure: The -conversion of. an accomn.odation unit in an existin; lodge shall be accomplished pursuant to the subdivision review process. The applicant shall provide the following documentation to the Town at the time of the application to convert accommodation units located in a lodge to condominium units: 1. Proof of ovinership; 2. Site inventory for the property ir.dicatinb in detail the actual loca..tion of any amenities serving the lodge; 3. Affidavit of services provi.(Icd as is called for in sub- paragraph 2 'above , 4. Designation and description of all employee units, 5. Plan of improvements t-o be made to the property along wit103. to estimated mated costs therefor. (Ord 28, 1982) .17.26.080 Action on preliminary map A. At the hearing on the preliminary map, th_ oling ~___.~~sion shall consider whether the proposed conversion is consistent with the following housing goals of the town: 1. To encourage continuation of social and economic diversity in the town through a variety of housing types; 2. To expand the s6pply of decent housing for low and moderate income families, 3. To achieve greater economic balance for the town by increasing the number of jobs and the supply of housing for people who will hold them. 10WO of nail 75 south frontage road vail, colorado 81657 (303) 476-7000 MEMORANDUM TO: Vail Town Co ncil Members FROM: Ron Phillipsl/ Charles Wick (2/,-6,-/ DATE: March 20, 1987 RE: Project Update/Proposal MARKETING OF VAIL Requested Council Action: To reconvene the VRA-Town of Vail task force to determine the specific requested level of expenditures, the specific funding source(s), the basic business license structure and address the administrative/legal questions. Timeline: Task force proposal to the Town Council by June 2, 1987. Considerations: Evaluate integration with other projects to determine whether a new revenue source is needed. Any adjustments to business license structure needs to be completed for the 1988 budget. CONGRESS HALL Requested Council Action: To proceed with market feasibility, economic/financial assessment and site/programmatic analysis. Timeline: Market feasibility to be completed by June 1, 1987. Other analysis to be completed by August 1, 1987. PROJECT UPDATE/PROPOSAL MEMO MARCH 20, 1987 PAGE 2 UNFINISHED PROJECTS Requested Council Action: Approve the following projects for 1987 to be paid for from the Real Estate Transfer Tax Fund. PROJECT 1987 PRELIMINARY COST A. Final Action Plan Development for Ford and Donovan Parks, Recreational Path System and Town Wide Landscaping $30-40,000 B. Buffehr Creek Park Design 3,500 Sandstone Park Re-Design 2,500 Softball Field Improvements Design 3,000 C. Buffehr Creek Park Construction 22,000 Bighorn Park Construction/Phase II 45,000 Softball Field Construction 25,000 Gold Medal Stream Tract/Phase I 6,000 Cascade/Lionshead Bike Path Const. 60,000 1987 Preliminary Total $207,000 Timeline: Complete above projects in 1987. Considerations: The approval of these projects in 1987 will also require the funds to be appropriated through a supplemental appropriation ordinance. VISITORS CENTER Council Action: Task force headed by Harry Frampton to study and recommend visitor's center location, design, size and feasibility of private funding. Timeline: Task force proposal to the Town Council by July 1, 1987. Considerations: A staff person from the Community Development Department will be assigned to assist the task force. PROJECT UPDATE/PROPOSAL MEMO MARCH 20, 1987 PAGE 3 GOLF CAPACITY Requested Council Action: Request VMRD to complete a preliminary design for the use of the Katsos property for expanded golf capacity. Timeline: Preliminary design to be completed by July 1, 1987. Considerations: The Town needs a preliminary design completed in order to determine the impacts a golf course would have on this property. PARKING SOLUTION Requested Council Action: Request the Parking and Transportation Task Force to examine the long range parking outlook for the town and to make a report to the Council including recommendations to future courses of action. Timeline: Task force report to be presented in conjunction with final reports on the Congress Hall. Considerations: The task force needs to evaluate the complete parking impacts of a new congress hall, of future mountain expansion and other factors which may affect parking. AQUATIC CENTER Requested Council Action: Proceed with the current Phase II analysis by the Aquatic Center Task Force. Timeline: Aquatic Center report to be given to the Town Council in May, 1987. VILLAGE IMPROVEMENTS Requested Council Action: Fund the conceptual design (to include preliminary cost estimates) of streetscape improvements for the Village in 1988. Timeline: Upon funding approval the conceptual design could be completed in three to four months. PROJECT UPDATE/PROPOSAL MEMO MARCH 20, 1987 PAGE 4 Considerations: This design work would provide a basis for establishing an improvement district and also provide a framework for public improvements to be developed in conjunction with private sector development projects. TOWN OF VAIL PRELIMINARY PROJECT RANKING/RATING TOWN COUNCIL MEETING OF 3-10-87 TOP 8 PROJECTS COUNCIL RATINGS 1) Marketing of Vail -4.86 2) Convention Facilityl -4.14 3) Unfinished Projects -4.00 4) Visitors Center -3.57 5) Golf Capacity -1.00 6) Parking Solution2 0.00 7) Aquatic Center3 .40 8) Village Improvements4 .66 Other Projects Street Improvements 4.00 Alpine Garden 5.00 Transportation Solution 5.00 1 Combination of Answers to Congress Hall, Dobson Arena Phase II and Continued Studies. 2 Combination of Answers to Parking Structure Addition. to other Parking Solutions. 3 Combination of Answers to Aquatic Center., scaled down Aquatic Center, Swimming.Pool and Continued Studies. 4 Combination of Answers to Village Improvements and Village Enhancements. 5 Council Rating is based on the Weighting of the Priority Ratings less the number of Council Responses. The lower the score the higher the rating. 3-20-87 TOWN OF VAIL PRELIMINARY FUNDING SOURCES Town Council Meeting of 3-10-87 FUNDING SOURCE& PROJECT NO. OF SECOND NO. OF THIRD NO. OF RATING PROJECT PREFERRED RESPONSES PREFERENCE RESPONSES PREFERENCE RESPONSES 1 Marketing of Vail Bus. Lic. Fee 6 Sales Tax 4 Mill Levy 2 2 Congress Hall Sales Tax(2,3) 5 Bed Tax(2,1) 3 Capital Private. Part. 52 Operating Bed Tax 3 3 Unfinished Projects R.E.T.T. 7 (Does not include cemetery, streets or village improvements) 4 Visitors Center Sales Tax 6 Bed Tax(4,1) 5 Mill Levy 4 (Four responses of sales tax for reallocation of sales tax with mill levy replacement to general fund) 5 Golf Capacity VMRD--Request Preliminary Design of Katsos Property as a Golf Course 6 Parking Solution Dependent on Location and Financing of Convention Center 7 Aquatic Center Dependent upon final studies and scale of project 8 Village Improvements Village Improvement District most likely 1 Direct Private Participation in Funding Would be the overriding funding source on all projects. 2 Combination of Answers for Direct Private Participation and Private Participation through a Special District for Commerical areas. 3-20-87 PLANNING AND ENVIRONMENTAL COMMISSION March 23, 1987 2:30 P.M. Site Visits 3:00 P.M. Public Hearing 1. Approval of minutes of March 9, 1987. 2. A request for a conditional use permit for commercial storage at the West Vail Mall located at 2161 North Frontage Road. Applicant: Vail Mall Joint Venture/Mr. Dave Tyrrell 3. A request for a front setback variance and requests for conditional uses for a drive-through window and outdoor dining deck on Parcel A, a Resubdivision of Tract D, Vail das Schone Subdivision. Applicant: The Wend Group Partnership To be 4. A request for a setback variance to add retail space tabled by to the Lionshead Centre Building located on Lot 5, applicant. Block 1, Vail Lionshead First Filing. Applicant: Vail Lionshead Centre Condominium Assoc. Colorado Association of Ski Towns TO: All CAST Members FROM: Ron Phillips, CAST Secretary DATE: March 16, 1987 SUBJECT: April 9-10, 1987 CAST Meeting The next CAST meeting will be held April 9-10, 1987 in Winter Park. The schedule and agenda will be as follows: Thursday, April 9 Accommodations: Millers Inn (Please call before April 2 - see attached information sheet for room accommodations) Call 726-5313 to make reservations and identify CAST. When making reservations, please inform Millers Inn of the number of lift tickets desired for Friday afternoon. Dinner: Millers Inn (Please call before April 2 - see attached information sheet for menu selections) Call 726-5313 to make dinner menu selection and identify CAST. 6:00 p.m. Executive Committee Meeting - Millers Inn 6:30 p.m. Cash Bar 7:30 p.m. Dinner (Cost of dinner will be $20.00/person for those desiring not to stay at the Inn.) Hearty souls, Yuppies and partying types will convene at the Stampede for dancing, drinking and miscellaneous activities. Nick Teverbaugh will make a bed check at 1:00 a.m. Friday, April 10 8:00 a.m. Breakfast at Millers Inn 8:45 a.m. Millers Inn bus will depart for the Mary Jane Ski Area for those desiring not to drive or for those unable to drive. .9:00 a.m. CAST Meeting - The Winter Park Recreational Association will host the meeting in the Moffat Room. A. Mayor Teverbaugh and Jerry Groswald, President of the Winter Park Recreational Association, will make a presentation concerning Winter Park's expansion plans. MEMBER MUNICIPALITIES: Aspen • Avon • Breckenridge • Crested Butte • Durango • Frisco • Glenwood Springs • Granby Grand Junction 0 Leadville • Mt. Crested Butte 0 Silverthorne • Steamboat Springs • Telluride • Vail 9 Winter Park B. Winter Legislative Tour Survey Results - Gary Martinez C. Summer Legislative Tour Report - Harvey Rose D. Evaluation of Staff Participation in CAST Meetings E. Legislative Report F. Nominating Committee Appointments - Paul Johnston G. Other Lunch will be available at the Mary Jane Cafeteria or in one of the private restaurants. The Lift (Public Bus System) will transport participants back to Millers Inn after lunch for those desiring not to ski. Please don't miss the bus since a 4-mile walk will be necessitated. Skiers will be transported by to the Inn by the Millers' bus and/or by the Lift at approximately 4:15 p.m. RVP/bsc -2- !PIT REC'13 JAN 2 6 1987 Ask Imo- - YnLLERS INN P.O. BOX 53, WINTER PARK, COLORADO • 80482 • 303/726-5313 • OUTSIDE COLORADO 800/824-8438 INFORMATION SHEET ACCOMMODATIONS (floor plans available on request) LODGE ROOMS hold from 2 to 7 people. Each room has a private bath. ECONOMY ROOMS are in the Balcony House. Each room has a private bath. SUITES will bold from 4 to 6 people. Each suite has 2 bedrooms, bath, living area, TV, refrigerator, and fireplace. CABINS will hold from 4 to 12 people. The cabins have 1 to 4 bedrooms, kitchenettes, TV, fireplace, living area and are located on the stream. CONDOMINIUMS hold 6 to 10 people. Each has 2 bedrooms, a living area and loft, 2 full baths, kitchen, TV and fireplace. NOTE. Comfortable, clean, rustic lodge. No two rooms are alike. BAR open until 9:00 p.m. each evening (8:00 p.m. on Sundays). CHECK-OUT TL1 IE is 9:00 a.m. If you are skiing the last day you are welcome to leave luggage at the desk and shower and change before you leave. FRUIT, SNACKS and a warm fire welcome you in the lounge after skiing. GAMES, puzzles and cards are available in the office. MEALS: Breakfast - 8:00 a.m. Dinner - 6:30 p.m. We serve "family style" and everyone eats together. Meals are served promptly at the times given. If you come later or there is not enough space at one table for your group, please fill in where ever seats are available - it's a good opportunity to meet -other interesting people. NOISE: This Inn is old and sound carries very easily. Therefore, if you are one of those hearty ones who can ski all day and boogie all night, we congratulate you and ask that you please keep noise to a minimum after 10:00 p.m. in consideration of other guests. PHONES: Outgoing calls may be made at any time. Incoming calls go through our switchboard which is open from approximately 8:00 a.m. to 9:00 p.m. If we are unable to reach you or a message comes in after our office is closed, we will post a message at the front desk. Wake up calls can be arranged with the front desk. SHUTTLE BUS is provided to and from the ski area every day. SKI STORAGE: Ski boots may. be kept in your rooms but we would like the skis and poles to be stored in our ski storage shed located in the covered walkway in front of the lodge. It will be locked at night. WHIRLPOOL AND SAUNA: Please do not take soap, shampoo, towels or glass containers into the whirlpool. Open until 10:00 p.m. each evening. If we missed something, just ask...we don't mind! Nick and the entire staff want your stay with us to be pleasurable. This is your vacation and we want you to have fun! So, please let us know if there is anything we can do to make your stay more enjoyable. If the staff has served you well... gratuities may be left in your room or at the desk when you pay your bill. Sincerely, 4i I P.O. BOX 53. WINTER PARK, COLORADO 80482 303/726-531:1 January 10, 1987 CAST MEETING--WINTER PARK--APRILA-10, 1957 Millers Inn will be your host for lodging and meals during the - CAST meeting April 9-10, 1987. Millers is one of the Mountain Inn: of Winter Park: and we thought you would enjoy an option that is not available in most areas. All of our rooms are different and we also have suites with two bedrooms and living room and cabins with two-four bedrooms (see information sheet on back). The rates include lodging and dinner (see menu below) Thursday night and breakfast Friday morning as well as taxes and gratuities and are as follows: Single Occupancy-------------$70.00 Double Occupancy--------------$5..00/Person (Two per room or two per bedroom in suites or cabins) MENU BROCCOLI SOUP SPINACH SALAD HOMEMADE BREAD Choice of Entree STEAK DIANE DEEP FRIED NEW POTATOES ASSORTED FRESH VEGETABLES or JAGERSCHNITZEL(Fresh veal with chanterelle mushrooms) HOMEMADE POTATO PANCAKES RED CABBAGE or TROUT ALMOND I NE WILD RICE ASSORTED FRESH VEGETABLES CHOCOLATE TRIFLE Please call Millers Inn directly for reservations and choice of entree (1-726-5013). We're looking forward to seeing you in April. Sin,,c//erely, `u ..Nick: Teverbaugh Owner /Manager- UPDATE: 3/17/87 C.A.S.T. MEMBERSHIP LIST Aspen Bill Stirling, Mayor 130 S. Galena Robert S. Anderson, Jr., Manager Aspen 81611 925-2020 Avon Allan Nottingham, Mayor Box 975 Bill James, Manager Avon 81620 =949-4280 Breckenridge Steve West, Mayor Box 168 Gary Martinez, Manager Breckenridge 80424 453-2251 Crested Butte Mickey Cooper, Mayor Box 39 Bill Crank, Manager Crested Butte 81224 349-5338 Dillon Florine Raitano, Mayor Box 8 Bill Simmons, Manager Dillon 80435 468-2403 Durango Leonel B..Silva, Mayor 949 2nd Avenue Bob Ledger, Manager Durango 81301 247-5622 Frisco Rick Backlund, Mayor Box 370 Mark Glover, Manager Frisco 80443 668-5276 Glenwood Springs Dennis Pretti, Mayor 806 Cooper Avenue Mike Copp, Manager Glenwood Springs 81601 945-2575 Granby Alan B. Carter, Mayor Box 17 Lee Merkel, Manager Granby 80446 887-3750 Leadville Dennis F. Reece, Mayor Box 923 Doug Jones, Administrator 515 E. 8th Both Leadville 80461 486-0349 - Mt. Crested Butte Joe Fitzpatrick, Mayor Drawer D Jim Dean, Manager Mt. Crested Butte 81225 349-6632 Silverthorne Bill Schmidt, Mayor Box 1309 David Varley, Manager Silverthorne 80498 468-2637 Steamboat Springs J. Alan Barbee, Councilmember Box 775088 Harvey Rose, Manager .:Steamboat Springs 80477 879-2060 Telluride B. J. "Chip" Lenihan, Mayor Box 397 Gary Hickcox, Manager Telluride 81435 728-3851 Vail Paul Johnston, Mayor 75 S. Frontage Road Ron Phillips, Manager Vail 81657 476-7000 Winter Park Nick Teverbaugh, Mayor Box 3327 Box 3904 - 726-5313 Winter Park 80482 Daryl Shrum, Manager 726-8081 NON-MEMBERS Georgetown Ann MacConnell, Mayor Box 426 Lee Woolsey, Manager Georgetown 80444 569-2555 Grand Junction Stephen'C. Love, Mayor 250 N. 5th Mark Achen, Manager Grand Junction 81501 244-1511 Grand Lake Gene Stover, Mayor Box 6 Bill Ray, Manager Grand Lake 80447 627-3435. Gunnison Bob Decker, Mayor Box 239 Dale Howard, Manager Gunnison 81230 641-2444 Manitou Springs Dan Stuart, Mayor 606 Manitou Avenue Patrick Lynch, Manager Manitou Springs 80829 685-5481 Nederland Hugh Pitzer, Mayor Box 396 Don Morrison, Manager Nederland 80466 258-3284 Pagosa Springs Bill Whitbred, Councilmember Box 265 :Pagosa Springs 81147 264-4151 Poncha Springs Steve P. Hall, Mayor Box 56 Poncha Springs 81242 539-6882 Colorado Muni- Sam Mamet, Assoc. Director Silver State Bank Bldg. cipal League Jerry Dahl, Attorney 1500 Grant St., #200 Denver 80203 831-6411 N.W.C.C.O.G. Larry Pearson, Exec. Dir. Box 739 Frisco 80445 688-5445 Colorado Ski John Lay, President 1410 Grant St., #A201 Country USA Kerri Shwayder-Greenberg* Denver 80203 Denise Raney 837-0793 Thomas R. H. Glass 110 Lodgepole Frisco 80443 State Tourism Jerry Groswaid, Exec. Board 5500 S. Syracuse St., Board 726-5514 #267 Bill Winkler, Chairman, Advi- Englewood 80111 sory Council - 565-7453 592-5410 Kristin Murphy * Send information to her attention. -3- 2 4 i987 Page 12 Chronicle and Pilot February 13,1987 Area officials toy with idea of tram transportation system between Crested Butte and Mt. Crested Butte Larkin said that once more it needs to be shut down for by Mark Reaman b maintenance the whole investigation is done, the costs: , transportation system would are pretty "cut and dry. You just Area officials are looking - 4 u need, come to a standstill unless there t tell them the length yo . . at the idea of a 21st century the vertical rise and how many were some sort of back-up-like monorail or tram connecting the people you want moved per buses old fashioned Victorian town of hour, and they can give you a :cam As for a monorail, which is Crested Butte with the modem - fairly accurate estimate within :i much more expensive than a is ski resort area of ML tested five or ten percent" tram, wind does not bother it - Butte. McDowell said that but ice and snow could hinder The area transportation positive aspects of a tram its operation. McDowell was committee is discovering all system include not only its confident there were ways to sorts of problems with the bus'" =s : ; efficiency and tourist appeal, take care of the problems system between the two towns McDowell estimated a and members do not feel a tram but it is quiet, non-polluting and has the capacity to move the tram would cost between three or monorail is out of the Hamp McDowell people. "It would make an Gus Larkin and five million dollars for question as a repla-......L excellent connection between three or four miles. 'It could be Aspen is seriously con- _ ----:ttee member and CBMR Crestea Butte, ML Crested deterrents," Larkin said. funded as a private enterprise - sidering a tram linking Aspen Vice President Gus Larkin, is Butte and the proposed North "As for a monorail, I'm not venture. It could be funded by and Snowiness and Vail has that it would be a "unique Village." sure if it can handle the steep the public through the towns or come up with a proposal for an tourist attraction. It could also The biggest problem terrain. The monorails I have it could possibly be funded area monorail. be more economical than buses appears to be obtaining the seen, such as at Disneyland, run through a consortium of private "It is a good option for us in the long run;' hesaid. rights of way for such a system. on a flat area;' he said. and public enterprise. For because the capacity of Gothic "Operating costs should be Cost, as always, is also a hold While CBMR President Ralph example, with the ski Road cannot increase too much less than in a bus system and a up. "When it comes, it will be a Walton was at Vancouver for corporation and the formation more;" said committee member tram would last longer than 10 lot of dollars all at once. It is the World's Fair, he was told ofa transit authority." and Mt. Crested Butte Planner or 12 buses," Larkin explained. not like a bus system where you the three-mile monorail at the "There is no rush," Hamp McDowell. 'The "Still, I'm not sure we have can add a bus or two at a time. event was up for sale but Larkin McDowell explained. "With technology is already there; it enough information to make a There is a large initial is not sure of the current status the Aspen and Vail plans out in is not exotic" good educated guess about its investment. That plus the "Even if we do utilize a the public, it elevates people's Among the positive aspects possibilities. It is still just an probability of spending a lot of monorail or tram, there is still consciousness The next step is of a tram system, according to idea." money for the rights of way are a problem with the termination to get some preliminary cost points;' he said. "How do we estimates." transport people once they '7 don't really expect it to arrive. Those systems can't do come for a long time,' said everything buses candor' Larkin. "Even though such McDowell pointed out that things are common in Europe, high winds would hinder a we just haven't thought it all ~L tram just like a chair lift and it out yet" " One Day Only Sat. Feb. 14, ''People movers" gain attention in Valentine's Day Vail, Aspen, and Park City areas Vail joins Aspen and Park monorail system from a Q Cuff City, Utah, bringing to three Washington D.C trans- y< the number of Rocky Mountain portaton engineering firm 50/o resorts which are considering They are looking towards a { t' rep!--cing bus systems with "people mover system" as an 'people movers". alternative to purchasing six Insulated Jaekets i Vail is looking at a cable additional buses to accom- driven monorail to transport modate peak flow. Pants & One Piece Suits riders from Vail to Lions Head, According to the Vail TnnT about 1.75 miles one way. Vail the system could cost $15-20 moves about 3 million riders million; but then a in, As well as other special RED TAGGED ITEMS along this route each year. according to the same article, a j They presently use 26 buses at new bus in Vail costs $130,000, GOGGLES peak times. Because they are which is better than double 1 seeing steadily increasing what a Crested Butte bus cost 9 HATS riders as well as congestion, four years ago and the Vail LONG UNDERWEAR Vail has commissioned a "pre- vehicles probably aren't feasibility" study on a "designer buses". SKIER FANNY PACKS, KIDS MOON BOOTS (Earth's Best( ranRA~ 3d9-6656 Herbal Extracts sEcr Capsule Form Fully Extracted ® J -'A'te At the ski area base Mom have experienced more energy, better health t and athletic performance. DEB DIROFF • 349-5145 BOX 282 FOR-LIST OF EXTRACTS AVAILABLE .I iii. • -lii v..u•w u~ -..a_' .M.rt..,. ...r..... w~.. war r•-.-•..._:.- TOWN OF SRECKENRID13E 150 SKI HILL ROAD P.O. BOX 168 RECT FEB 2 5 1987 BRECKENRIDGE, COLORADO 80424 TOO SUBJECT CAST FoL-LDC-) -1-1P tea P1-~~LL~PS MESSAGE DATE ~2./2aj ~87 LE-m6R L,u•Er~E rn?'~tLE9~ -70 ~l_l. C-C~l-0. Etom.AIQRS t ND CZ P2ESEs-~ TtVCSC THAov_1pjG'I THErn FpR AT~'EN O s G TOE L E C5 1'S L AT1 V C k-CL A Q-, A Cb P c~ 0c "t HE LE EP- kt:) ATf~1C1ACO. SIGNED REPLY GATE i I _ SIGNED OMal fp111 lOD.?1V . Dlilufulf0 Sf Oulll COffOflilO.. 100 S. SCNSSISf 5050 • SIMCOLMSMIff. ILLINOIS 60061 INSITNVCTION. TO Fl.C.I.(..R: Ww•T. w..l•.., o.1.Cw .lu.. w... wr..T• COw•. w.TUwN w.MM Co.• TO .INO.w IN111- CTION. TO Bf NO.R: w.o _ow co_ .....o w .ao w aonu wnw e...oti --CT. February 20, 1987 vl Dear Senator V3: On behalf of the Colorado Association of Ski Towns.(CAST), as well as per- sonally, I want to thank you for attending the Legislative Tour in Durango and Purgatory. As an elected official myself, I am well aware of the time commitment required to be a legislator, which is in addition'-to the--time - - required for your regular job and family. Thus, it was especially gra- tifying thatyouu and 32 of your colleagues were able to commit an entire weekend away from home for the seventh CSCUSA/CAST Legislative Tour. From my perspective, the primary goal of the tour has always been to fami- liarize newly-elected legislators and those from other parts of the state with the unique issues and problems experienced by ski communities and ski areas, as well as the benefits that accrue statewide from skiing, which makes up a substantial part of Colorado's tourism business. Hopefully, our presentations provided you new insights and a better understanding of the ______..ski__J ndustry and our communities. If there are any facts, figures or clarification which might be helpful to you, please feel free to contact me and I will see that this information is forwarded to you as soon as possible. The most important benefit, however, may be the opportunity for us as local and statewide elected officials to get to know each other, away from our everyday environments, and to establish relationships that will improve communications. Again, thank you for your interest and please don't hesitate to call me or any other CAST members you met on the Legislative Tour if you have any com- ments on how we can improve upon future Legislative Tours. Sincerely, Stephen C. West Mayor Vice President of CAST SCW:pb 10WO of Vail 75 south frontage road office of town attorney vail, colorado 81657 (303) 476-7000 March 19, 1987 Eagle County Board of County Commissioners c/o Susan Vaughn Director, Community Development 550 Broadway Eagle, Colorado 81631 RE: Application for Party Status for the Homestake Phase II Public Hearings. At their meeting on March 17, 1987 the Vail Town Council voted unanimously to apply for party status for the upcoming Homestake II public hearings to be held April 20th to the 24th, 1987. Council feels strongly that there would be impacts upon the Town of Vail that can best be represented at the hearings by the designation of party status for the Town of Vail. We feel that our position can best be presented in this manner. We will be prepared to attend the April 3rd meeting with a draft of our testi ony and list of witnesses. We appreciate the County Commi sioners consideration of this application. Sincerely, Lar Eskwith, Town Attorney cc/Vail Town Council Members Ron Phillips Peter Patten i I~EC' MAR 1 6 1987 NORTHWEST COLORADO N\XCCOG COUNCIL OF GOVERNMENTS 409 Main Street. Suite 209 * Post Office Box 739 * Frisco. Colorado 80443 Frisco 303 668-5445 Denver Direct 303 573-7611 MEMORANDUM To: Headwater Counties and Municipalities From: Barbara Green Re: Washington D.C. Meetings Date: March 12, 1987 On April 7th and 8th, a delegation from Eagle, Grand and Summit Counties will be meeting with Colorado's Congressional delegation in Washington, D.C. Enclosed is a copy of a letter we sent to Senator Tim Wirth explaining our purpose for the meeting. cf . I Eagle County:Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail, * Grand CountrFroser, Granby, Grand Lake, Hot Sulphur Springs, Kremmling, Winter Park, *Jackson County-Walden, * Pitkin County-Aspen, Snowrnass Village, * Routt County:Hayden, Oak Leek, Steamboat Springs, Yampa, * Summit County-Blue River, Breckenridge, Dillon, Frisco, Montezuma, Silvfthore . NORTHWEST COLORADO Nwc:z COUNCIL OF GOVERNMENTS 4 9 Mcrn Street. Suite 2C9 Past U ice a x 739 FnSca Cc!crccj~ * Fra' ~ _ Denver Duec _ i March 12, 1987 The Honorable Timothy E. Wirth United States Senator 237 Russell Senate Office Bldg. Washington, D.C. 20510 Attn: Roxie Wilpez Dear Roxie: A delegation from Eagle, Grand and Summit Counties is scheduled to meet with you on April 7th at 3:30 p.m.. The purpose of the meeting is to familiarize you with West Slope impacts associated with Two Forks and Williams Fork water projects, to discuss inadequacies with the draft Dcny.r Metr__o.p.4._1ita_n.._Wa_ter.. Su.p'p.1.y....._Enyzrcnmenta.....Inpaq~ _ Sta men t. . nd to explai_n our position regarding the 404 permit (EIS), an'd'-'_t-o- decision. As you know, over 605% of the firm annual yield of the Two Forks project would be supplied by diversions from Grand and Summit County rivers and reasonably foreseeable future projects would divert hundreds of thousands of acre feet of water from Eagle County. The only protection from impacts associated with these projects is afforded by the Federal Clean Water Act. Consequently, the Counties are very interested in seeing that the NEPA process and 404 permit process are implemented appropriately. Below is a summary of our agenda: 1. Impacts to Headwater Counties: Two Forks and Williams Fork Projects a. Reduction of water quality in Dillon Reservoir (increase in concentrations of phosphorus and chlorophyll a concentrations in average and wet years). b. Elimination of white-water rafting on the Blue and Colorado Rivers (and associated reductions in tourist dollar revenue). Eagle County-Awn, Basalt, Ecgle, Gypsum, Mintt rn, fled Ciff, Vcil, * Grand County.Freser, Grant?y C_rcnd Ldke. Hat Sulphur Sprngs, Kremmling, Winter Pcrk, *Jackson County:Walden, * Pitkin County-.Aspen, Snomrc ss village, * Routt CountyHcyden, Ock Oeek, Stecmbeat Springs, Yampa, * Summit County:Blue RNer, &eckenndge, Dillon, Frisco, Montezuma, SiX e<ttiane. C. Impacts to junior water rights due to higher frequency and duration of "call conditions" at downstream locations. d. Loss of deer and elk habitat in the Williams Fork basin. e. Water quality degradation in Blue, Fraser and Williams Fork Rivers with potential higher water treatment costs for ammonia removal. f. Potential loss of fisheries below Green Mountain Reservoir due to drastic stream flow reductions in wet years (flows reduced from approximately 90 c.f.s. to 14 c.f.s.). 2. Major Inadequacies of the Draft. _EI_S a. Incomplete discussion of water quality impacts in the Fraser River; no discussion of impacts zc water treatment. b. Confusing, inaccurate and incomplete discussion of socioeconomic impacts (e.g. effect on local communities associated with loss of recreation opportunities and agricultural land). C. Inaccurate population figures used to demonstrate demand for a large Two Forks. d. Confusing and incomplete discussion of cumulative impacts and alternatives. 3. Comments on the 404 Permit Process Proponents of the. project have spent millions of dollars in preparation of the EIS yet very little of that expenditure has been focused on West Slope analysis. Summit County has endorsed the concept of East Slope storage but the headwater Counties cannot support issuance of the Two Forks or Williams Fork permit unless all impacts on the West Slope have been properly addressed in the EIS and mitigation plans have been carefully analyzed. The Army Corps of Engineers _ should be encouraged to take whatever additional time may be required to ensure a complete and accurate EIS. A permit issued in haste based on incomplete data can only lead to litigation and unnecessary delays. We all look forward to meeting with you in April. We will be showing a five minute video presentation, and we would appreciate having a video monitor available when we meet. Sincerely, Barbara Green General Counsel BG:cf cc: Eagle County and Municipalities Grand County and Municipalities Summit County and Municipalities . j y 9=11 o I t•1 0 VA 11110144 1A 4 r CO Zo 0 /-PO Vail Trail Editor 935 S. Frontage Road WK. Vail, CO 81657 1e Editor; Recent. l.::! I read an l ad in I the Vail Trail that in very bold letters t• the Vail +'r': i.l l h' a Medical Center makes 'k•f'1e claim "First care, j-•Irli='I'I we care you". wish to differ with t}•};1t ad a.ft•en my r"+`'cM=•nt• visit to •f:•f'e +'+r+l' C. I was Walled A. the t•r"ea.t•Cil+3nt• that I recieved and the behavior of the staff' there. First 1:.•h Pf: oP l in Radiologg lost the orders that the i.l+")ct'or., had Phoned into them for some relatively simPle tests. Then ! when I 1. w+=%'!"1't:. 'f,.+°:+ admissions to make arrangements Cot, billing with 't:•hr:•m I I.!.a.s informed that they would not Provide F'I''''!ri+:;k's to me unless my iti.!.:lt1r.n were life ti'"Irk:'clat•ing as I _ am •a. r'•+-'+;;iP ient; of Medicaid, due to an in.Iur"'u that I reci*.'vt:d in 'l•:.f°e Vail + •1.l I.!_'':! aPProximateig two Years ago. }e+..a.1.isH' of (11'_I excessive medical costs, aPProximatelg $300,000 to date and the fact that my health insurance comP a.Y'I'_1 had cancelled rile: I am forced to take Medicaid from the State of Colorado to cover my medical bills. Tf"I+.,_a11 Proceeded cProceeded to tell Cie that tf~ eg would oiuld not, take rimy h1 I'1~~~Jicaid [.1ca.1.!.-•e Medicaid dMedicaid would only Pas them if rig it.•1,1at•7.i;n were life thr"'e•a,t,i'1"1'-1, which is .x.'11 out right deliberate lie and in r;`'i•^ie'('I+_e told me th.a,t because I do I`t have sufficient funW.-!. to Pan fil'_a own (il+•:ri:17.ca.l bills, and that I have to take Medicaid from the State of Colorado, that. I am .a. second class t citizen. They t:•f"Ik:n Pr''or.:+=•eded to tell me that my tests need to be :i mme+;l i. a.te1 q . which they did, that I should get into my truck and drive to 1_Ie1"Iver"•, (whi+_f`I I tr''1.lel'a believe is an u'I'nd1.!.e f' I•a.r''d:-f"IiP on .a.n::aEJo+;1'd in need of medical care). I aril u i.'t e 1.!.F':: et• at this behavior having been a resident . of t1.1+-; Vail Valley for mans Years Paid taxes here for mans gears. SC;+(ile of which have gone to fund the VVMC an the Premise that then wish to imProve the quality of Patient care for the residents and visitors of the Vail Valley. But because I •a m •a. Medicaid r' e c i P i a n t. I'm .a, second class citizen (and a P P a.rent l'a in their eyes) therefore 'riot entitled to the same medical care that tl"IC'1se who can Pas for it themselves or have Pri.vat.e health insurance. E'.!! !'a1ls I think that treat F'+-•,:+r' 1+.: that Lthey should r-.- with much dignity and f f 1F-•:.,,;r.-' Medicare and Medicaid as . resPect as Possible, because as we all know being forced to ,..F::'+..ak17. 1 take t'1Far:~+1+.:•a''f~'! I'Itcta.7.+'.~, +='1:.%y can 1.:4*.' degrading e':+.'1''M=r•''7.*•!-IcC. bom . " they embarrassed - (w'~l+_: a.n greatly when I went (~!ta,r"•t"•.=1,'::•":.,_'+..7 and degraded (•1 :x.11+..1 in a tt.emP t:L Y1'-a to receive medical care. ,r~'7.! ! fi I resident, Vail, in ! ! my 1,.! ..I I having I::.._r! a long 1.:11'::4 term the Valley Medical r•._:f::%nt: er°' has breeched their Public duty to the residents a.nd visitors of the Vail Valley by failing to Pt'•'+°.x''11+:1e ru'..{II.al medical c•=4.r"'F:: for Al.._L._, _ because they don "t care to have to W.-, and collect medical bill's from :•h State of Colorado for those of I_I,`_. who are unable a.'.:4 their medical bills tl'-Ierrl:::el''1e::. as well as settle for •-4'Rr <:i.a.ma.{' el!.4 05 i:F_•'I{. an the dollar, which is the t:at.r~..that which Medicaid also might add that anybody tt'!•:a.ts been inhured on I, ori comP _I'l`d has t'``:+'..:rc',ided t•'•I+ar"'I{.5+1an comP maximum medical benefits ,'i•}' $100,000.00 is is then Put on Medicaid of which 7. c_!.'!I believe t(...!er"•e have been (il•::1.•I"Iy f'1+:1'''e in {.;.he al I.eg . It (il'_•a belief that because +'+'I•• their breech of their Public duty that not only should the Town of Vail 5 •4J. sP4''nd :a.Yly Possibility of future funding to : VYM?=:! but all „ Private :ii°.:F~~''t:~-: that l•"a' beet making aorgaorganizations organizations and organizations and have Private donations to , . t' : should also °•I.~.:. '•r d the n ~ contributions to the V+';+t'!r_. until such time that theg have a. ` P 1. -4.'_a +-i d an ,';t!= ,":'j', and t;;.r`••ue l g honest effort to Provide quality medical cc!.I:.e ;_;r°• ALL the residents of the Vail. Valley regardless of their financial 7 have also 4 1 P on doing some checking with the State A,' Colorado found .:h.',!,'._. if the 111.: continues to fail to Provide t'1 ~ i r" i P i '1 1-l:• on , an needed basis to .r... , ~::+.ir.:.=!.i.;: r. ~ of that the services funding that t•:h ~,'+','1!.: r"'+°+~.1+~'''it~c.. tr',~!m the State +.+'f• h_.!_+lor"'•7do and the Medicaid Program .a. of May 1. • t, ! 1987, will be dr-• am•:? t i c l !-a decreased. T. believe that •i f the , t 1r_: 4,)11.1. not resPond the citizens or the State of Colorado directly then maybe the folks •a.{". 't.•1-!+.' V ',Ill..; will r' •e_,P+_t•,"1+:1 to •a. Pinch in their Pocket.. I:!r!+:k l•'.+'.:4 a r"•e+:a41.+::1;1.+:n i.'!"! contributions from citi.::'_+=••i's t;l..l•'li_ feel. Public consciousness enough and Goverment funding, that they understand that sometimes Pe+..!I" l e ._I,r"'!„• f!.+I'"'ce+a into situations (i.e. taking Medicaid) that they rk=' `1 l l g don't want to j k:++_: in but t they have any choice. &_Yl rI cc 'a. i.1. Town Council ''r'a.i.l D-4.i 0,4 Vail Valley Medical Center tEC'0 MAR - 5 1987 J. NICHOLAS MCGRATH, P.C. ATTORNEY AT LAW 600 EAST HOPKINS AVENUE SUITE 203 AREA CODE 303 ASPEN, COLORADO 81611 TELEPHONE 925-2612 March 4, 1987 Larry A. Eskwith, Esq. Town Attorney, Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Eagle County--Highland Meadows Dear Larry: Thank you for clarifying in our telephone conversation that the tone I read from your letter of February 17, 1987 was not the tone you intended. I appreciate that Vail does want to work something out, and assure you that is my understanding of the position of Eagle County. We will certainly want to review your letter and proposed factual corrections. Perhaps someone from the Eagle County planning staff can contact Vail's planning staff directly: after all, who issued what building permits is something that the two of us ought to be able to agree upon, even if we might subsequently disagree as to the consequences of those actions. The Eagle County planning staff, attorney, and I will be reviewing your letter and additional factual information with the Board of County Commissioners, and will get back to you or the Town of Vail after that is accomplished. I would appreciate it if you would circulate a copy of this letter to those who received a copy of your February 17 letter, so that we can start on a more positive note in resolving these issues. Thanks once again. Sincerely, J. Nicholas McGrath, P.C. 12:eaghm3O4•ltr 10WH of nail 75 south frontage road vail, colorado 81657 (303) 476-7000 MEMORANDUM TO: Vail Town Council FROM: Steve Barwick ,1-CCU' DATE: March 18, 1987 RE: Financial Reports Since we have now reached the middle of March, 1987 without a report on the outcome of the 1986 fiscal year, I am sure each of you has wondered about the cause for the delay. In a nutshell, the delay is due to problems with the old computer system and the illness of our primary auditor. These problems have been dealt with and the auditors now estimate that a preliminary set of financial data will be available by the middle of April. If this is true, I should be able to present the year end report to you by the end of April.. On a positive note, it appears that substantial gains in fund balance occurred in several funds. Most notably, the General Fund should show a fund balance increase of $400,000 or more primarily due to lower than expected insurance costs and increased construction fees. The normal monthly and quarterly reports on current year revenues and expenses will continue as soon as our new computer system is operational. These reports should be available on a regular basis no later than May. Thank you for your patience. SHB/ds REH MAR 1 2 1987 10 March 1987 Mr. Ron Phillips Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Mr. Phillips: On behalf of the Vail Community Chorale, we gratefully acknowledge your generous gift of $500.00 toward our costume fund. We are nearly out of the red on this project and we couldn't have done it without the help of the Town of Vail. Regarding your question about performing in the summer, we would be very happy to sing at any Town of Vail functions. In the past we have presented programs at the 4th of July festivities at Gold Peak (through VRA), and as street musicians for several years at the Festival of the Arts (through the Eagle Valley Arts Council). If there is some particular festival or event, we would like to know in advance so that we can prepare appropriate music. As I mentioned in my previous letter, our summer music repertoire is limited and we need to purchase additional music. With advance notice, we can arrange to fund that.music purchase. We welcome the opportunity to be of continued service to the Town of Vail through our music. We thank you for your support and look forward to a long and happy association. Best regards, Betty J. undgren Secretary Vail Community Chorale P.O. Box 647 Avon, CO 81620 949-5289 (h) 476-1972 (o) i Y`'{iT+11 Y}N, .'ir{~ t~'~~j~4 'J.'<,'k l+ Y4 ~.t kj,~`l 'ry4{{~i* IY'h{`nF x~1L is ~'~~•$^~~tV~ ,J(' ''t.5'~, I,f u}'F 1 ' } l t, t y ~ =^`4. ,y 51 d~+S (1 ~,wx Et L•',fp ,fist ~ ~ ~ 'f. ! 4,.2 ~ Nt,~ )y x ~ ~ e7 l 7. ,1" ~E:~~4 tt it~ ~ E~ a a'.. ~P~ S~v4~'~C,~~ ^z?,~ 1's~ s~'".~z~sr ~?kM . ,~r-?~ ry7 ;'+r stt- iTRj ~ tt t s r v ~1t~AI:y,Donl Miss An Evening With Tom Brokaw tt: I5 i i 4 N ~t } 719}4'~ \ ~P ((t17 [rY7 j, Y~"~ {}xt r''[x sg •M~t11e.:FatC.r}ijlt''.fFytrJjSt{ 7r2Fy."r°tr d ~Z, rl'~C•{•``.g I4~ sLL. r.A s. 11 BF t x4 a } { vt 1 f{.w a1 5 / tt4t 37;~{.(tS t~ 'r 14sPa Y +i l~yt7 dr ~1 sk ~`rt h c.,~,r~.,P r s x't xrt w~x~ti r+. Yes 2~~~~r~f t t {~pr ~~Et~ "#'.s fir '1 ?yv t}'I r:~ ~5f ri~t~ ' ,T ! '}t t'.'r •''w I~ j., PyF P~,! S .x:; it '.S n v f r 'ja 't' r } ~ 7?~y, 4 ~ `4 J: } t ~~~444~ AA t R A A 'Where: The Westin Hotel at Vail f ~ ,G l ~ { •~i4 a. 1 4V ~ r tl{~ '7gqAS nc. sy {O ~ Ott { , : h. - , .s \ 'c t ! nr r `Y~ F r`r44hi'tit''S 't,,s.~~CJ ~i When. Saturday evening, April 4'. 198. 21 00 t 4 t'' wa! 1;~k3' 5 m ~t~~ ~'rttig° r?{ " Casli Bar: 6:30 p.m Dinner: 7000. •ti r, , f •''?r rat ; , ,~rsr, , . r x~r7 `h v~-t~afi~' The Scoop: Mr. Brokaw will discuss "Challenges in the `80's m relation to mass communication". He will + speakingtoDenver's EmmyOrganization andthe, 'Vail public is invited to attend. The Cost: Tickets are $47.50 per person and are available atthe s Westin Hotel's front desk. Cash local checks and ;credit cards will be accepted. Tickets must be ''':purchased no later than March 31, and are available r on a limited basis. Call theVail Resort Association for ' r ~ , more information, 476-1000. r } 7 i ENMKI Page 22-A The Aspen Times March 12, 1987 'edi -i - o-ria Acqxol k 4 L wF yy,_ -t sales taxW.election may be saved f ? 'p, after near:Ioss Never has the pettiness of Aspenites, includ- ing city council members, ;been morp.4pparent than during the first, two of three marathon council sessions. this week. Although few denied the benefits of a new recreation complex and improved nordic trail, maintenance, many opposed sending a sales tax question to the voters Opposition was not , . to the recreation proposal, but to the fact that It consists of a generic ordinance calling for a other needed capital. improvements like a per- May 5 vote on a one-cent sales tax hike to b* forming arts center and parking garage were - 'allocated to "recreational, cultural and public - not included. facilities plus a resolution creating eight' r Despite several compromises being offered _ballot questions for the May 5 electioh,`the first during the meetings .'Monday 'and Tuesday, of which asks approval for a one percent; sales i none pleased all three members of the council.: tax, while the next three ask approval to issue majority who favored the tax hike, or residents - $5 million in sales tax revenue bonds'for 'a' who felt money should also be allocated for a recreation complex, $5 million fora performing performing arts center or a parking garage. arts.-complex and $4 million fora parking By their insistance on participating in re- tgarage. . `i_ s;;'~ venues from the tax ordinance, promoted by ~ -;A_ £In.4ddition,•:one of the other questions asks. _ backers of the recreation complex, they almost; 4 voter approval, for sale of the existing ice gar- s stymied, not only.the r chances of sharing in a }den in order to ,`,'facilitate development Wu d May tax increase election; but the sales tax multi-use recreational facility1 ' - ballot question itself. If the council majority can retain its:resolve• . i Members of the council were no better: They and adopt the ordinance, numbered 13, on final entered Monday's meeting with a clear major- reading at the.April 2 special meeting at'which ity in favor of a sales tax hike to finance the fit is to be considered again, and also adopt the i recreation complex and/or other capital im-'- ballot question resolution, as promised, local'' provements, but almost destroyed it by their" voters may get the chance to vote for the ame- - bickering,- vacillation: Arid inability--to com-_ :unities Aspen needs and which will help :'our promise during the first two meetings. 6s it retain'its position as one of the finest:in. It appeared at the end of-Tuesday's session f the world. that Mayor, Bill Stirling, who steadfastly The council majority will deserve our com-- opposed any_ sales tax increase and orated ; `mendation; rio matter what the voters decide;,f F against it and for more,study of alternatives at pit does.' each session, would win the day by his resolute- =''`'=J - hness. ,yf ' :311 r If he had, the community,' which now has . : built-up a momentum for financing improve-, ments, would have been the loser. Luckily,,. j Assistant City Manager Ron Mitchell proposed a compromise solution after Tuesday's meeting that pleased not only the"council majority, buC ;1; also the various community factions. 1 _ "7 ;..March 12;-1987,, The. Aspenjimes'•'!Pase3,A ou nci i n~ds;, sales-_ _ r ax" so u ton,77 z by Bil Dunaway used to help build the recreation reading, but he would prefer to Ordinance 4 without a new whined about high.' sales; taxes . . It took several hours and much complex. have anew ordinance adopted on, noticed hearing. being applied only in the city and bickering at three separate meet-. Ordinance 4, which called fora first reading because of the mag- When representatives of the not the county, without adequate •-,'ing- this week; but Aspen's city half cent sales tax increase and .nitude of the change. ~ MAA (Music Associates of Aspen) notice'or' discussion;.the`cofincil ~U council majority arrived atacom- ' had been approved on first read During disucssion that fol- and Ballet West again com- was commended by.Les Anderson, ' promise sales tax hike toplace be ing at the February 23 meeting, ,slowed, a motion by Stirling to re- plained that the ordinance was representing the Joint Facilities fore city voters on May 5. was scheduled for second reading ject Ordinance 4 was defeated, a " too vague about a fund allocation Committee and the MAA, and. by It involved adopting a new ordi- : and public hearing Monday.motion by Isaac to amend Ordi- ` for the performing arts, while the Martin Kahn for the Recreation nance imposing a one cent sales However, at Monday's hearing nance 4 to one percent for general council could not agree what to do, } Center Committee. 'tax increase for "recreational; it was greeted not only by another capital improvements was re- "'the meeting and ordinance were With Collins absent the com- 4 cultural and public facilities,'.'oration by Mayor Bill Stirling jected and a motion by Stirling to . again continued until. Wednesday promise ordinance was adopted and a promise to adopt a resolu- against sales taxes, but also by continue the hearing until March "evening. by a three-to-one vote,' with'Pat ' .3 tion placing funding for specific concerted opposition from repre-..' 23 was seconded, but withdrawn As all motions concerning the Fallin, Tom Isaac and Charlotte projects on the ballot. sentatives of the arts groups and. when Isaac said he would be out of sales tax ordinance, the one to Walls voting approval and Bill The facilities mentioned in the advocates for a parking structure. '!town at that session. ` continue the meeting'until Stirling voting no. ' ordinance, numbered 13, were, For almost three hours Monday Finally, after more bickering Wednesday 'was contested by In addition, the council major- further described: "such as, but and another two hours Tuesday among council members, a motion Stirling and Charles Collins. ity. set April 2 as the date for not limited to, multi-use re- evening,- after Monday's hearing by Pat Fallin to amend ordinance After Tuesday's session assis- second and final consideration a , creational, performing arts and : had been continued, some resi- 4 to add another half cent to the tant city manager Ron -Mitchell and promised to adopt the resolu- 14 parking facilities, including re- dents stressed the need to either half cent proposed for a recreation proposed his compromise, which' tion describing the ballot ques- :,k, creational and cultural programs,-:postpone action on the half cent complex to fund capital improve had also been.suggested several tions and funds to be allocated for capital improvements, capital ex- tax hike or increase it to one cent.,--- ments, including a performing,, 'weeks ago -in an Aspen Times the various projects. penditures, land acquisition and and include a parking center and/; warts. center; parking structure;',.:: editorial, to council members, Since this is the second sales general. operating purposes or a parking garage.. :land acquisition, and others.;r who asked that it be prepared by . tax ordinance approved on initial . The promised resolution would Others including a high school Amendment Written r the city attorneys office for the ''reading by the council, and since ;;.have eight ballot questions, one of student with a petition with 153 Prepared by the city attorney Wednesday session. council members have been per- -.;-which would ask voter approval names, said they did not care if while the council continued with suaded to change their minds in for a one cent sales tax, and four of the council increased the tax to other business Monday, the- : Wednesday Meeting the past, no one can be certain s which would ask for related pro- . one cent, but wanted it to adopt amended ordinance was opposed' Wednesday Stirling again that the tax increase will go to the .7 ject funding. - something with financing for the as too vague by some performing voiced his concerns with increas- - voters until after the April 2 In these four questions voters ice rink and swimming pool arts adherents, and, after addi ing taxes, accused the council of meeting. would be asked to OK use of $5 building. tional wrangling, tabled by the going "absolutely berserk ...a Some of the other people ex- million in sales tax revenue bonds One Cent is OK council until a continued meeting while citizens argued over pro- pressing themselves at one or to finance a recreation complex; After listening to the many Tuesday. jects the council raising taxes more of the three meetings were $5 million for a performing arts statements, the council seemed Tuesday Session like Santa Claus to give everyone Clark Smyth, Jon Busch, Sy Cole- center, and $4 million for a park- willing to increase the sales tax Tuesday, Mayor Stirling again what they want and urged man, Martin Flug, Bill Perich, ing garage, by one cent, but could not agree on, orated and Aspenite Mary Martin more study. Richie Cohen, Les Anderson, Tam how to word an ordinance amend- whined against increasing sales However, the council and back- Scott, Bryan Kelleher,, Walter. Ice Garden Sale ment. taxes, and Taddune repeated his ers of arts and the recreation faci- Ganz, Jeff' Bentley, Jim Curtis, Another question would ask vo- City Attorney. Paul Taddune preference for a new ordinance as lities all expressed approval of the Bill Martin, - and several others ` ..ters to approve a future sale of the explained they could amend ordi- opposed to facing possible prob proposed compromise. who did, not announce :,their exis n ting ice garden if proceeds are . nnance 4 and adopt it on second lems from such a major change in Although Mary Ma n r, rti'again ;'ames. Page 10-A The Aspen Times March 5,1987 3 on Busch i ; they-are,looking:at some sort ot:" .'4x Vail too is looking at sales tax i s: < r ;F x ;Sky Tram. 'increases 'to fund their wish list of' k.-. k~. They are looking at a mayor ex- . lmproveme`nts and amenities.. pansion of their lee Arena for 1.4 They are also exploring improve- g--million :,and a -municipal swim= s ~ment district and increased prop- ) 14.°.:.r.V~ •i - :.'y. `~v4 ~ . .i.. . fining complex -at .$5 ,million.' erEy tax revenues.. ` i x `''Aspen of 'cou`rse i"s`about to allow"' '"'Aspen, like Vail, lias an exten- ail citizens voters to choose whether to fund a sive wish list some of which might study amenities 7.5~million recreation cente'r.t;;;beconsidered essential, andsome (swimming, icetskating, gymna just nice to have. The problem I Each week this paper `pub- siuin)`with sales`tax'dollars. z-see here is an apparent piecemeal dishes a column titled Resort Re- Vail is considering a.4. million ryapproach being taken by our City port. Whi le many of us may gloss . ~d'ollar expansion of their Village leaders. There are only a few ways over this item, thinking it some ',x'parking 'structure.. Aspen's plan of coming up with additional pub- sort of Chamber of Commerce ners have formulated a plan to lic funds, and in the case of sales hype about what's going on in our address our off street parking tax, there is a maximum of only town, it is not - and it should, in needs through a timed series of one penny available. tact, be essential reading for those parking structures. At this point Is funding of a recreation cen- of us who live and work here. Re- it appears that our City Council ter, primarily a nice thing for loc- sort Report is a briefdigestof hap- wishes to fund a facility here als, most appropriately funded penings at other Colorado, ski re' through property taxes, as they through sales tax? Is it a priority v sorts. x n have been deaf to placing this for the well being of our resort? At Fritz Benedict`prow.ided me ` ; issue before voters on an equal best we who live here can only With a very interesting-article re= ,<<<footing."with the, recreation give an incomplete answer be- cently from the February 13 Vail center. : ? cause we are given no choice Trail. Titled "Citizens tell what.;grail i even considering im- through the ballot question as it is projects they think are best or provemen'ts to'their `Town Hall presently worded. Certainly this Vail", it outlined subjects :to be; '-much as Aspen`leaders.have been is to the liking of recreation cen- addressed at a series of public`.; ;,pushing for renovation of our City ter promoters. By not allowing vo- meeting scheduled by.the T9wnt_4._, Hall. While we might be ahead of ters to choose from among op- Council. : SV.ail in some respects (Vail is tons, their project automatically According to Mayor Johnston, :considering softball fields, bike assumes highest priority. the aim of the meetings is to hear paths and golf course improve-;; _;-Council -would better serve the { what' citizens want and to decide ments), the parallels between the „community by giving voters the what Vail should do "to keep two communities at this time are choice of funding by sales tax in= ahead of the pack". On the table uncanny. t_•,11:9l:•-crease or through property tax in- are more than 42 million in possi- There is one major difference crease.. They should allow voters ble community improvements.- though, and that is that Vail is opportunity to address priorities How surprising, and even discon-:: !asking its citizens to tell them 'by, at the least `placing a sorely certing to see that Vail is talking ' their priorities: While in fairness v needed parking structure on the about so many of the very things I must remind you that Aspen ballot with funding options. which are currently under consid- went through a similar process a I do not relish Council's position eration in Aspen. 'couple of year's ago; there has right now. I too was part of a spe- Vail is looking at replacing its been no recent update. An update cial interest group last year. I - existing bus route between Vail of community goals is in order. A wanted the `old popcorn wagon Village and Lions =Head with a': local special interest group has '-site set.aside as a town square. "people mover" monorail system. - lobbied hard and long for their pet ~ Clearly voters preferred a- build- While this particular article did project - a major recreation ing on the corner. It is very diffi- not go into detail, it appears that center. cult to resist pressure groups. our readers s eak= 7 m we should have done? has initiated constructive solu= town but on what amenities are `best`resort town in-the United s aspen amen hies.:-, i we know that there is a park-, tions in anticipation of their prob- offered. States. pro ing problem in Aspen: Vail has lems and their economic growth; Point The Private Clubsr I'. The Volk property was 'put on Editor: solvgd theirs' And that we need to do likewise: have worked 'at three of those the ballot for open space and that i There are two issues,,that I- ""2 We know that the present ice Tht is why we elect our officials clubs -simultaneously, at three'- did 'not even address the fun- would like to address: °=:`skating facilities and pool area so that we have individuals who pools. I stall could not accommo- damentals. of what can keep Issue 1 -Taxes.. We:-are, all a pose hazardous conditions which are prepared to foresee and plan date all of the people who wanted Aspen in the forefront.-.Even with 'aware of Mayor's `Stirling.'s:.could foreseeably subject the city for the growth and viability our swimming, lessons. One of the . my nominal salary, Lwould be genuine concern with not raising of Aspen to a potential multi- town and our futures. i club owners stresses that the happy to pay' an extra. cent. be- :the city of Aspen's'taxes: •No onemillion dollar liability suit. Points to consider: Will Asperclubs cannot make money yet he, cause it is preserving.my,future in likes taxes. In certain econortiic Vail has not only a spectacular be willing to sacrifice the groups is still in operation. I know for fact-:- this town. = ;times, taxes are the most prudent ice skating rink and swimming that we have so painstakingly rGhat-one of theclubswasmakingati Respectfully submitted, ;approach to the management of pool but they also have plans to cultivated over the years because ; hefty profit until bad manage- Toni Kronberg foreseeable practical expenses build a three-pool facility to meet we are not functional? ' ment stepped in at which point it Aspen, Colo .that the city wil l need to be frnan-. Vail's growing needs. They antici- Dick Butera pointed out that; was sold, _ cially responsible for. pate to generate generous re- the Aspen Skiing Company was' ; Conclusion: The, voters should Is it not true that if we look with venue from these new additions. behind the times because they, did 'have"an, opportunity to decide if foresight into the future of Aspen 3-,As for the ;Performing Arts not 'take the risk and invest ini ;they want a tax, increase to fund that we will need a Capital Im- Cente'r,:= so .much of:,our lodge j,Ytheir'mountains with functional these needed facilities.. provement• Budget that 'ene'om' districf, retail; stores, ,dining Nand profitable technology that j'; ` ;passes such facilities as a parking establishments aria income to `-'''would continue to keep tourists These projects are not whimsic- garage,.a recreational center and workers depends on the summer coming back to Aspen. The Silver _ gal ideas. They all will eventually a performing arts center. How are trade' that ;is. produced by the Queen is one of the best things; need,to be~built..I suggest that at we going to generate enough re- jMusic 51Festiva1; the ballet, the that has ever happened to Aspen, lthis`time''=let the voters decide if venue to fund all of these projects? arts;:'the Given Institute and-the Why it was only this week that they want to'.preserve and take Ultimately, the source of revenue,- :Center for, Humanistic Studies. there was talk of Vail negotiating: ;the necessary`steps to.build some will be taxes. Vail has a performing arts cen- to host the prestigious downhill.' resources that will make their fu- ' Issue 2 - Viability. of Aspen's' ter in the Carlson area near the Can we afford to lose such events?i ture more secure and stable. Economy. We are all aware that Westin Hotel.) + It's sure that the voters of Aspen has three problems: park-' Why am I comparing Aspen to. Point - People want to'get. 'Aspen will be responsible for'im- ing, recreation and performing Vail? Is it because we want to be- their money's worth. They do not: plementating this tax but it will arts facilities. When.will Aspen --come like Vail. No, it is because decide where to spend their vaca be all of us that will contribute to and.our.town fathers real ize.what we need,to.understand that..V.ail.....tions based.on.the sales tax in.thel.. maintain.and- make.' Aspen-.the-a DEooEre- Past • : iii. F,.:{ f u ' r - - f REAL ESTATE r, r, ~e. e - takes: a- t w-:o'ik M EL StAht . By Gail L. Pitts.' Tfie information that is avails--~ - Denver Post Business write. able typically to the vacation :prop- ~ e lJi k . (~l~ 7 A new vacation property market- - erty .purchaser is not. a§. complete i 'i g technique that gives .city dwell- as it should be," he said. ers a look at distant :resorts ma. So. Barlow and, Ha strum: be an y..... g . g . ho" -,,ppi,n help to boost the sagging real es setting up regional sales": offices in tate market in Vail. Minnesota and Wisconsin and ere' r Through Vacation Properties.ated the-first resource center in S Network, people in Minneapolis, `Bloomington, Minn:;:a Minneapolis Chicago, Milwaukee and Detroit 'suburb. NETWORK from Page 3-B. who have a yen to own a home or . At the -end of last year, they ;ex " condo in the Vail Valley can view a panded into northern Michigan and For the first two months of the cross section of the market without Vail: when' they. bought :Ski and year, traffic at the Minneapolis `center is running about30' petcest leaving home. Shore,. a real estate agency based ahead of 1986 ' -At the network's resource cen- in Charlevoix, Mich - ters in those cities, they can sift By last,:week;" Vacation Propet- -For now,: Vacation 'Properties through the estimated. 1,150 resi=-, =sties 'Network.. had, 29 offices _ and .-.Network can_.only: sup 'I -informs dential properties currently in 'the $175 million worth of listings cover- tion on. Vail, not about other ski ar- Vail multiple listing`system and •ing'3,200 vacation properties: In= eas in. the: state.. That-expansion get information on .restaurants,..-:eluded are'204..condos;. townhomes i.. could be in the works if the`compa- shops, golf courses, even what the :and single=family homes in-the Vail: ny continues its rapid growth: ' - fishing's like E ; : Valley : f , The information is pulled up on a -'At the end of February the net First; however, Barlow==and Resource Center computer. hooked ,work-opened three, more: resource - Hagstrum are looking. at,,5uu' Belt areas and East Coast .oppo~tuni up to Vacation Properties three centers'- in Detroit;,Chicago apd offices in Vail and Avon. ' Milwaukee. This week'each of toe Lies { r The network is '"a bridge for ,four . centers: WH1 Bold' a "Vail :They're convinced ghat they metropolitan people in one area: to : night;'?.an open house .to introducae :have a national network tvitlr?er ap- shop for vacation homes in another residents to the opportunitiesIn pealing to vacationing families that area," said Chris' Barlow,--vice:-:,Colorado ski country..:`;:s want to save time and trouble.-.Asa resident of the 15-month=old MinSellin resort ro erties 7 z P g p P their ads for the resource centers neapolis company. It's an affiliate doesn't have "W be a matter of sit ,may a~ f } Y b , ; of Shelter. Tech Corp., a group of pg'back and waitu?1; for the vacs- Sfr q~ t, - r,, Y a' private, real estate-related compa- "'-toning family to: drop,in,, Barlow. "You could. use..up-.a' lifetime of nies owned by. Barlow : and Paul. sa.d• ; :vacations looking for the vacation Hagstrum; president k "We've seen' a decided pick-up In -,home-of a lifetime:";~ The network was born of. Hags= interest since the tax law..was seta tram's own frustration looking for ,ally signed and second homes were a vacation home in. Minnesota and `exempted;',-fie. said.:.:'.:= Wisconsin. It .took'him 3% years to, find one. ' ...._r v ° Please see NETWORK on 78 Steven D. Jeffers 717 Seventeenth Street Vice President Suite 2700 Public Finance Denver, Colorado 80202 303 292-1600 KIRCHNER MOORE & COMPANY i A subsidiary of Drexel Burnham Lambert Incorporated Investment Bankers March 16, 1987 Mr. Charles Wick Administrative Services Director Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Charlie: You have requested we address the impact of the Town of Vail restricting the real estate transfer tax to its existing 1%, with any increase above this amount being tied to a favorable vote of the people. Such analysis will be made in light of the impact this restriction will have on the Town's future financings relative to rates, marketability, and structuring constraints As way of background, the Town currently has outstanding approximately $3.6 million of refunding land transfer tax anticipation warrants, maturing serially through December 1, 1997. These warrants advance refunded the Town's 1980 warrants and 1981 warrants. The outstanding warrants are special and limited obligations of the Town which are payable solely from proceeds of the Town's real estate transfer tax and on a junior lien basis from 2% of the Town's 4% sales tax. The junior lien pledge on sales tax revenues is subject to the prior and superior claim upon the 2% sales tax revenues by the Town's outstanding general obligation bonds and any future general obligation bonds which may be issued by the Town. The warrants are not payable from the proceeds of any general property taxes. All three series of warrants were issued as non-rated, non- insured debt. Based upon the proven track record of collections of real estate transfer taxes in the changing economic times from 1980 to present, it is my belief that any new issue of land transfer tax warrants, or an advance refunding of the outstanding warrants, properly presented might quality for a bond rating and/or municipal bond insurance. The Town has restrictive covenants within the existing land transfer tax warrant ordinance governing the issuance of additional debt having a parity claim to the same security as the outstanding warrants. Two of these restrictions that are most germane to our discussion are: (1) the real estate transfer tax revenues have to have been sufficient to pay debt service for the two years immediately proceeding the year in which the additional warrants are proposed to be issued, without the use of any other Town funds, including sales tax revenues; and (2) the real estate transfer tax revenues as certified by an independent accountant, derived in the last complete year immediately preceding the date of issuance of such additional warrants shall have been sufficient to pay an amount at least equal to 135% of the sum of the debt service due on the outstanding warrants and the average annual debt service due on the proposed warrants. The Town has also covenanted within the ordinance authorizing the outstanding warrants that so long as the warrants remain outstanding and unpaid, the Town will not repeal or amend the land transfer tax ordinance or the sales tax ordinance in any manner which would diminish the revenues pledged for repayment of the warrants. Having outlined the background, my analysis is as follows. Clearly the Town has a covenant within the existing warrant ordinance which would prohibit them from decreasing the existing land transfer tax below 1%. However, such covenant does not preclude the Town from taking action from restricting future increases in the land transfer tax from the existing 1%. It further seems clear that the Town is prohibited from issuing additional parity lien bonds without first demonstrating that such warrants are payable solely from the existing revenue stream of just land transfer taxes without factoring in any sales tax revenues which might be available. Assuming the Town were to impose this restriction upon the increase in the real estate transfer tax above 1%, and further assuming existing real estate transfer tax revenues and coverages were sufficient to issue additional warrants; such proposed change would probably, by itself, not have a major impact upon the Town's obtaining a bond rating on the new issue. Therefore little or no impact upon rates or marketability would be noticed with the issuance of either a rated or non-rated bond. I am concerned, however, that such imposition upon the Town regarding increasing the real estate transfer tax without a vote of the people would have an impact upon the Town being able to obtain municipal bond insurance on the issue. With such insurance the proposed issue will clearly sell better than a rated or non-rated bond issue without insurance. Using conservative sentiments, I feel it is safe to assume that an insured bond would sell at least 50 basis points (i.e. 0.50%) better than a rated bond, resulting in a savings of approximately $75,000 per $1 million of debt issued over a 20-year period. Likewise, an insured bond would sell at least 75 basis points (i.e. 0.75%) better than a non-rated bond, resulting in a savings of approximately $110,000 per $1 million of debt issued over a 20-year period. As it currently stands the Town has maximum flexibility of raising the real estate transfer tax only by ordinance if necessary to cover outstanding or proposed debt service. Eliminating this flexibility by taking such action out of the hands of Council and putting it back in the hands of the voters may cause concern on the part of the insurance companies. Due to the perceived volatility of this revenue stream to begin with, such restriction may be enough to cause the insurance companies to decline to insure a new issue. Clearly in the case of the Town of Breckenridge, where we have had success in insuring bonds backed in part by real estate transfer taxes, the fact that we could raise revenues if necessary by increasing the real estate transfer tax by Council action without a vote of the people lent a degree of comfort to the insurance companies which in part helped in obtaining insurance. The final concern I would have with such a proposed restriction centers around flexibility. Currently, the Town's sales tax revenues are critically tied to the issuance of general obligation debt, land transfer tax revenue debt, and pure sales tax revenue debt. Any issuance of future debt payable from any of these sources impacts and dilutes the Town's ability to incur future debt from any of these sources. Furthermore, any increase in general obligation debt, any increase in sales tax, or the imposition of an accommodations or lodging tax would further require voter approval. The one pure source of revenue left which the Town Council controls is the real estate transfer tax. To require increases in this revenue source be subject to voter approval takes away the final amount of flexibility Council retains relative to revenue bond financing. I hope this adequately addresses your questions on this issue. Please let me know if I can be of further assistance. Very truly yours, KIRCHNER MOORE OMPANY Steven D. Jeffers SDJ:bjk VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 17, 1987 7:30 p.m. REVISED AGENDA 1. Approval of December 23, 30 and 31, 1986 Special Meetings Minutes 2. Ordinance No. 8, Series of 1987, second reading, an ordinance amending Chapter 3.48 Land Transfer Tax of the Municipal Code of the Town of Vail to provide that the money in the Land Transfer tax Fund may be used for improving as well as acquiring real property for parks, recreation, open space and/or similar purposes; and setting forth details in regard thereto. 3. Resolution No. 10, Series of 1987, a resolution designating Silverado Banking Association as a depository for the funds of the Town as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. 4. Public Hearing on I-70 Interchange Modifications 5. Marriott's Mark Resort Sign Variance 6. Trailways Lines, Inc. Lease Agreement 7. Appeal of a Design Review Board Decision approving a duplex located on Lot 34, Vail Meadows CITIZEN PARTICIPATION 8. Town Manager's Report 9. Adjournment ZONING f relationships of structures and open spaces to land uses within the vicinity and the town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the town council has created a design review board (DRB) and design criteria. Therefore, in order to preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of ,health, saf:s, and general welfare in the community, and to attain the objectives set out in this section; the improvement or alteration of open space, exterior design of all new development, and all modifi- cations to existing development shall be subject to design review as specified in this chapter. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. ThP QhjectivPq, nf design review shall be as follows: A. ' 1 o recognize the interaepenaence of the public welfare and aesthetics, and to provide a method by which this inter- dependence may continue to benefit its citizens and visitors; B. To allow for the development of public and private property which is in harmony with the desired character of the town as defined by the guidelines herein provided; C. To prevent the unnecessary destruction or blighting of the natural landscape; D. To ensure that the architectural design, location, configura- tion materials, colors, and overall treatment of built-up and open spaces have been designed so that they relate harmo- niously to the natural landforms and native vegetation, the town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. E. To protect neighboring property owners and users by making sure that reasonable provision has been made for such (Vail 11-15-83) 446 DESIGN REVIEW matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 39 (1983) § 1.) 18.54.015 Definitions and rules of construction. Any words, terms, or phrases used in this design review guide shall be defined and interpreted in accordance with the definitions contained in Section 18.04 of the Vail Municipal Code, unless the context clearly indicates a different meaning was intended. If the context is unclear, the matter will be referred to the design review board for final determination. The distinction made between those items contained within this chapter that are mandatory and those that are discretionary is that statements which are mandatory are prefaced by the word shall, and the statements or guidelines which are discretionary (or merely suggestions) are prefaced by the words should or rnay. In all instances, any particular or specific controls over the general. (Ord. 39 (1983) § 1.) 18.54.020 Board organization. A. There is established.a design review board (DRB) of the Town -'of Vail: The'DRMSfiall be composed of five members. Four members shall be residents of the Town of Vail appointed by the town council and the fifth member shall be a member of the planning and environmental commission of the town. The design review board shall remain a seven member board until February 1984. After that time, the board will become a five member board. B. The terms of office for the four members at large shall be two years on an overlapping basis and shall expire on February 1 of the year of termination. The term of office for the planning and environmental commission member shall be three months. C. A vacancy on the design review board shall occur whenever a member of the board is removed by the town council, dies, 447 (Vail 11-15-83) .tea ' AECT MAR 1 1 _1987 INVESTMENT BANKERS 1801 CALIFORNIA STREET/SUITE 3700 DENVER. COLORADO 80202 (303) 293-8500 March 5, 1987 Town of Vail Attention Mayor and Councilmembers 75 South Frontage Road Vail, Colorado 81657 RE: The Health Hazard Caused by Vail's Inadequate Water Treatment System Dear Mayor and Councilmembers: I think it is time you came clean and made the unsuspecting public aware of the fact that Vail's water is unfit to drink. Vail Associates puts a warning on its ski lift tickets that skiing is a hazardous sport involving risk of injury. The City of Vail should be at least as honest and publish warnings stating that drinking Vail's water could be hazardous to one's health and result in a severe case of giardia. How can Vail even consider itself a world class resort when it has a second class water treatment system? This is a problem that has existed for years in Vail and yet nothing has been done to protect the unsuspecting public from this substantial health hazard. The public isn't even given the courtesy of a warning. My problems began when I attend our annual company conference which is held at the Westin Hotel. I, along with other members of my firm, our invited clients and guests and their families from all over the United States, were in Vail between January 31 and February 7. During that period, I contracted giardia from drinking Vail's water. I did not realize this until 10 days later when I came down with a severe case of diarrhea while on a business trip. I suffered for 5 days, not knowing what I had until I could get back to Denver and see my physician. After hearing I had been in Vail two weeks earlier he immediately stated that I had contracted giardia from your inadequate water treatment system, and he prescribed medication to cure the problem. I am happy to say that after a week of medication, I am now feeling better and seem to have knocked out the giardia I got from drinking your water. I am luckier than some who have not been able to rid themselves of this bug so quickly. However, I have not forgotten the health hazard I. my family, and my company's valued clients and guests were unknowingly subjected to by drinking your impure water. I will recommend to my partners that we not hold our annual conference in Vail next year unless something is done about this health threat which affects everyone who visits Vail. Vail City Council March 5, 1987 Page Two At a minimum, you owe tine general public the courtesy of a warning regarding the health risk drinking your water poses. Vail: World Class Skiing, But Don't Drink the Water. It reminds me of those third world countries I used to visit south of the border. Sincerely, NEWMANf`IAND ASSOCIATES, INC. Roger W. Hein Vice President CC: Vail Associates Manager, Westin Hotel Vail Upper Eagle Water & Sanitation District ' y UPPER EAGLE VALLEY REC'n MAR 16 1987 WATER AND SANITATION DISTRICTS 846 FOREST ROAD . VAIL, COLORADO 81657 (303) 4767480 March 12, 1987 Thomas Steinberg, M.D. VAIL MOUNTAIN MEDICAL,--P.C. 181 West Meadow Drive Vail, Colorado 81657 RE: GIARDIA COMPLAINT Dear Dr. Steinberg: I am seeking your advice as to how to answer the attached letter complaining of giardia. Our Vail Valley Consolidated Water District water system is now primarily on deep wells, avoiding the giardia cyst present in surface water. Also, a giardia cyst has not shown up during the last five years of water testing. Incidentally, we are one of only two districts in Colorado that test for giardia. My initial reaction is that Mr. Hein-s doctor "assumed" he had giardia and did not confirm it. This may happen a lot, even in our valley. The criticism of the water system is unfavorable and inaccurate. I will appreciate your commenting on the enclosed letter. Please give me a call. Sincerely, VAIL VALLEY CONSOLIDATED WATER DISTRICT David E. Mott General Manager DEM:das.50 xe: Joe Macy, Vail Associates Jack Skinner, Manager, Westin Hotel Ron Phillips, Manager, Town of Vail Vail Town Council x/ Enclosure PARTICIPATING DISTRICTS - APIIO v It-Al, Mf I Itr, WA r! Fl. • .'"I r.1f t Ir ;t. (f r~ ~ tlf A :'I It CI<f I-h r.t1 11- 'NA 111, ~ IfLN1t•: 1+f I n rAf I."n I I I. CLEAN EAGLE VAIL Mf- I NO WA 11.14 0 I-OWA1II,S ML I HI) I I • 1 •'.l•-i 1 11! f ?.11 Al .f I.WJ I i 1+ • 1 )1';'[ It i-1•; ,Li- VALI L,' CUNSUI.I(jA I I t '>Atll I A i it)t7 VAIL VALI!_: r urr,ul K'A l 1 1, WA I I L• VAn V?A 1111 Arli)'',APn I A I I()r? c MEMBER'S LUNCHEON ianBUSINESS AFTER HOURS NC EQ H N* MARCH 18, 1987 Christine McGinley Executive Director, Vail Institute will speak on the upcoming Summer Season. TIME: 11:30 Cash Bar - Noon Lunch COST: $7.50 Members - $8.50 Non-members LOCATION: Kennedy's at Singletree Reservations for the Luncheon are necessary and should be made at the WVVRA, or by calling 949-5189 prior to 12 noon, Tuesday, March 17th. UINE..SS AFTER HOURS MARCH 24, 1987 TIME: 5:30 - 7:30 LOCATION: Eagle River Inn, Minturn Complimentary Beer, Wine and Hors d'oeuvres Mastercard or Visa accepted RCCT MAR 1 6 1987 EC'G MAR 2 3 1987 Vail Associates, Inc. Creators and Operators of Vail and Beaver Creek March 18, 1987 Mr. Ron Phillips Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 RE: Gerald R. Ford Amphitheater Ref. No. 183 VALUE ENGINEERING Dear Ron: As you may be aware, the Vail Valley Foundation is exploring opportunities to value engineer certain elements of the project in order to maximize value and minimize the waste of limited resources. The Vail Valley Foundation understands the Town of Vail's concerns that quality and durability should not be sacrificed in the interest of potential cost savings. Please be advised that we are not contemplating any substitutions which would not be in the mutual best interest of the Town of Vail and the Vail Valley Foundation. It is agreed that any modifications to the project's scope which fall under the auspices of the building inspectors and/or DRB review will be brought to the attention of the appropriate individual prior to proceeding. Furthermore, we will submit a list of the substitutions and alternates that would not otherwise require the approval of the local Building Official, Gary Murrain, for his review, prior to authorizing any revisions to the original specifications. We consider the Town of Vail our partner in the development of the Amphitheater and will consider its needs and desires in the course of constructing the facility. We do, however, request that the Town of Vail be reasonable in considering any modifications to the original specifications that we feel are in the best interest of the project, both aesthetically and economically. Sincerely, cc: Bob Knous, VVF VAI ASSOCIATES. INC. Jack D. Hunn, i ector Real E ate Development H:ssp Post Office Box 7 • Vail, Colorado 81658 • (303)476-5601