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HomeMy WebLinkAbout1987-08-04 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, AUGUST 4, 1987 7:30 p.m. AGENDA 1. Consent Agenda A. Approval of July 7 and 21, 1987 Evening Meeting minutes and July 28, 1987 Special Meeting minutes B. Ordinance No. 25, Series of 1987, second reading, an ordinance imposing zoning districts on parcels of property in the recently reannexed West Vail area including, but not limited to, Vail Intermountain subdivision, blocks 19 2, 3, 4, 5, 6, 8 and 9 and Stephens Subdivision as well as certain unplatted parcels. C. Ordinance No. 26, Series of 1987, second reading, an ordinance imposing zoning districts on parcels of property in the recently reannexed West Vail area including, but not limited to, Lionsridge Filing No. 2 and Filing No. 4, Ridge at Vail, and Cliffside. D. Resolution No. 22, Series of 1987, a resolution designating Resources Industrial Bank 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. 2. Ordinance No. 24, Series of 1987, second reading, an ordinance amending Chapter 5.20, "Transient Dealers" of the Municipal Code of the Town of Vail; providing a definition of street entertainer and street artisan; restricting the operations of street entertainers and street artisans and setting forth certain exceptions to said restrictions. 3. Ordinance No. 27, Series of 1987, second reading, an ordinance approving a special development district (known as SDD No. 17) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. 4. Request from Holy Cross Electric for an Easement CITIZEN PARTICIPATION 5. Town Manager's Report 6. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, AUGUST 4, 1987 7:30 p.m. EXPANDED AGENDA 7:30 1. Consent Agenda A. Approval of July 7 and 21, 1987 Evening Meeting minutes and July 28, 1987 Special Meeting minutes B. Ordinance No. 25, Series of 1987, second reading, reapplying Peter Patten zoning to reannexed East Intermountain Action Requested of Council: Approve/deny Ordinance No. 25, Series of 1987, on second reading. Background Rationale: The ordinance will reapply zoning that was in place for this area prior to the deannexation. That zoning is outlined in the Town of Vail zone district map. Staff Recommendation: Approve Ordinance No. 25, Series of 1987, on second reading. C. Ordinance No. 26, Series of 1987, second reading, reapplying Peter Patten zoning to reannexed areas known as the Valley, Ridge at Vail and Cliffside Action Requested of Council: Approve/deny Ordinance No. 26, Series of 1987, on second reading. Background Rationale: The above described properties have recently been reannexed to the Town of Vail. This ordinance will reapply the same zoning that was in effect previous to the deannexation of this area with one exception. The area of The Valley Phase III has been rezoned Special Development District No. 16, known as Elk Meadows. Staff Recommendation: Approve Ordinance No. 26, Series of 1987, on second reading. D. Resolution No. 22, Series of 1987, designating Resources Larry Eskwith Industrial Bank as a Town of Vail Depository Action Requested of Council: Approve/deny Resolution No. 22, Series of 1987. Background Rationale: Resources Industrial Bank desires a resolution from the Council in order for the Town to hold funds in their bank. Staff Recommendation: Approve Resolution No. 22, Series of 1987. 7:40 2. Ordinance No. 24, Series of 1987, second reading, to allow Tom Braun for a limited program of street activity (artisans and entertainers) Action Requested of Council: Approve/deny Ordinance No. 24, Series of 1987, on second reading. Background Rational_e: Modifications to the ordinance previously presented have been made in response to Council's comments and new information relative to First Amendment rights, etc. Staff Recommendation: Approve Ordinance No. 24, Series of 1987, on second reading. 7:55 3. Ordinance No. 27, Series of 1987, second reading, rezoning Peter Patten the Ramshorn Lodge from Public Accommodation and Parking District to Special Development District (in order to add a third floor to the existing two story building) Action Requested of Council: Approve/deny Ordinance No. 27, Series of 1987, on second reading. Background Rationale: On July 13, 1987, the PEC approved by a vote of 7-0 to rezone the Ramshorn Lodge and the parking lot next to it from Public Accommodation and Parking District respectively to Special Development District. The owners of the property wished to construct a third floor addition consisting of 3 dwelling units and 5 accommodation units. (Applicant: Ramshorn Partnership) Staff Recommendation: Approve Ordinance No. 27, Series of 1987, on second reading. 8:10 4. Request for an Easement from Holy Cross Electric Tom Braun Action Requested of Council: Approve/deny the easement request. Background Rationale: The requested easement runs along Vail Valley Drive (north side of the road), from the Water & Sanitation District's building a distance of approximately . 250 feet. The location is adjacent to the Nature Center and Athletic Field. Staff Recommendation: Approve the easement request, with conditions. CITIZEN PARTICIPATION 5. Town Manager's Report 6. Adjournment -2- . MINUTES VAIL TOWN COUNCIL MEETING JULY 7, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 7, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal John Slevin Hermann Staufer MEMBERS NOT PRESENT: Paul Johnston, Mayor Gordon Pierce TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was approval of the June 2, 16 and 30, 1987 meetings minutes. After a short discussion, there was a correction noted to be made on the June 16 minutes. Eric Affeldt stated that he voted against Resolution 20, concerning the Doubletree. Eric Affeldt then made a motion to approve the minutes with the noted correction, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. The second item was a final pre.sentation of the market/financial feasibility study for the Vail aquatic facility. Kristan Pritz introduced Tim Garton and Ford Frick who gave the presentation. Tim Garton first thanked those who helped get to this point, then gave background information and the goals of the Task Force and the conclusions they had come to. He then gave a slide presentation of areas the Task Force looked at. Ford Frick introduced Ron Rinker of Barker-Rinker-Seacat & Partners, architects, and then explained the conclusions they arrived at and how they approached problems. Ron Rinker explained site needs and how pool area would fit in Ford Park; he also gave a brief breakdown of operational costs. Ford next explained pricing strategies, marketing groups and potential revenues. Tim Garton addressed potential questions that came up during June and noted their conclusions. Council asked questions of the Task Force members and consultants. Joe Staufer first complimented the Police Department on how they handled the July 4th crowds, then stated his concerns over the aquatic center, to which Tim Garton responded. Kristan Pritz corrected Joe stating that staff was not by any means marketing the project, but was only informing the public of facts concerning the aquatic center. Joe responded that it looked like a Town priority, and Pepi Gramshammer stated he was angry over how much staff time and expense was spent on the project when he felt the pool would not work here. Ron Phillips responded with the history of the project and compared it to the Congress Hall and noted how the two were in different stages of development. A1 Weiss and Dave Garton commented on why they were for the aquatic center. Council then asked more questions of the Task Force members. Mayor Pro Tem Rose thanked everyone for their work on the project, they had been very thorough, and stated the Council wanted to digest the information and wait until the Phase II report on the Congress Hall came out, when the Council would then work on bonding issues for one or the other or both. The third item for discussion was Ordinance No. 16, Series of 1987, second reading, amending Special Development District No. 5(Vail Run Resort) by amending the site plan. Mayor Pro Tem Rose read the title in full. Rick Pylman explained additional conditions which where included at the first reading. Jay Peterson, representing Vail Run, had additional word changes which Simba Run agreed with. There was no discussaon by Council or the public. Gail Wahrlich-Lowenthal made a motion to approve the ordinance with the inclusion of language presented by Jay, and it was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously 5-0. Next on the agenda was Ordinance No. 18, Series of 1987, second reading, amending the parking on private property chapter of the Municipal Code. The full title was read by Mayor Pro Tem Rose. Larry Eskwith explained briefly what the ordinance would do and there were no changes requested at first reading. There was no discussion by the public or Council. A motion to approve the ordinance was made by Eric Affeldt and seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. The fifth order of business was Ordinance No. 19, Series of 1987, second reading, establishing a Special Development District for the Valley Phase III (Elk Meadows). Mayor Pro Tem Rose read the full title. Kristan Pritz explained the changes made as requested in the ordinance since the first reading. After a brief discussion by Council, John Slevin made a motion to approve the ordinance with the changes stated by Kristan, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously 5-0. The sixth item was Ordinance No. 20, Series of 1987, second reading, making a supplemental appropriation to the Town of Vail budget. The full title was read by Mayor Pro Tem Rose. Steve Barwick explained the changes made as requested at first reading. Eric Affeldt commented on what expenditures were for and was disappointed the press was not present to note how the public's tax dollars were being spent. A1 Weiss asked questions concerning the appropriations, to which Steve responded. There being no other discussion, a motion to approve the ordinance was made by Gail Wahrlich-Lowenthal. The motion was seconded by Eric Affeldt. A vote was taken and the motion passed unanimously 5-0. The seventh item for discussion was Ordinance No. 21, Series of 1987, first reading, amending the Town of Vail subdivision regulations concerning condominium conversions. Mayor Pro Tem Rose read the title in full. Kristan Pritz explained what the changes in the Code would be and why. She then went over criteria used in evaluation of the request and why staff recommended approval. She also noted staff would like the Code to be reviewed every two years. Peter Patten commented that would protect the bed base of the town, especially if there were a Congress Hall. Mayor Pro Tem Rose made comments regarding Section 3C that there was no time limit for a unit to be furnished and made available. After some discussion by Council, it was agreed to add the wording "within 90 days after the date of recording of the condominium map". He then stated additional concerns which were already in the Code, as noted by Dave Garton and Jay Peterson. Peter Patten next stated problems with Section 2. At this time, Hermann Staufer made a motion to approve the ordinance with the changes to Section 3C, and to review the Code every two years, and it was seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. Next on the agenda was Ordinance No. 22, Series of 1987, first reading, primary/secondary connection amendment to the Vail Municipal Code. The full title was read by Mayor Pro Tem Rose. Rick Pylman explained the reasoning for the ordinance and what language staff wanted to add to the Code. He stated there was one sentence which the Planning and Environmental Council recommended, but was not included by Larry Eskwith because it was too subjective. Eric Affeldt agreed with Larry. Eric asked Kathy Warren of the Design Review Board if she agreed with Larry's language; she felt it was too loose and was not very comfortable with it. She felt it encouraged two structures and not one. After some discussion, it was agreed to make the first sentence of the PEC memo the first sentence of the Section. There was more discussion as to what the intent should be. After much discussion by Council, staff and Kathy Warren, it was decided to table the ordinance and rework the wording. A1 Weiss stated his objections to the ordinance, to which Larry Eskwith responded. Jay Peterson then made comments as to some past Council decisions and the reason for the ordinance. Kathy Warren recommended applicants be encouraged to go to the DRB before the PEC and a lot of money is spent. Peter Jamar noted more illustrations should be done to help the DRB and PEC make decisions. At this time, a motion to table the ordinance indefinitely was made by John Slevin and seconded by Eric Affeldt. A vote was taken and the motion passed 4-1, with Hermann Staufer opposing. The ninth order of business was Ordinance No. 23, Series of 1987, first reading, Hillside residential zone district. Mayor Pro Tem Rose read the full title. Rick Pylman explained what the ordinance was for, what it would do and gave background information. Gail Wahrlich-Lowenthal had to leave the meeting at this time. Jay Peterson, Peter Patten and Rick Pylman answered questions of Council. Eric Affeldt made a motion to approve the ordinance with instructions to the staff to include language that equestrian lots be required to border public lands. The motion was seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0. -2- The tenth item was a Doubletree sign variance request. Rick Pylman gave background information and explained what the request was for. He presented photographs to the Council. He then explained the criteria used in evaluating the request and the findings, and why the staff recommended approval. There was no discussion by the public or Council. A motion to approve the variance request with the findings as found in the staff inemo was made by Eric Affeldt and seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0. The eleventh item for discussion was the Rimel density variance appeal. Eric Affeldt spoke up that he brought this item up and wanted to know why the variance was approved by the Planning and Environmental Commission. Rick Pylman gave background information on the variance and why staff recommended denial and overturn the PEC decision. Kathy Warren, representing Lee Rimel, listed reasons why she though the variance should be approved. She distributed copies of zoning maps and discussed the areas shown. After much discussion by Kathy, staff and Council, John Slevin made a motion to uphold the PEC decision, and Hermann Staufer seconded. Kathy asked to be able to address any problems Council members may have had with the variance. A vote was then taken and the motion was denied 2-2, with Mayor Pro Tem Rose and Eric Affeldt opposing. The variance was denied and the PEC decision overturned. There was no Citizen Participation. Ron Phillips stated for the Town Manager's report, the Town received $18,000 from an UMTA grant and out of 23 cities rated, Vail had the highest efficiency rating for our buses. He noted that bus ridership for the total area was up 23% over last year for the July 4th weekend, and overall, June was up 13% from 1986. He stated the real estate transfer tax fund was right on budget for June and $12,000 over budget for the first six months. Also, sales tax was $106,000 over budget for the year so far. Ron commented that Heritage Cablevision was going to survey all the lodges and public with questions regarding the public access studio and the public's satisfaction with it. There being no further business, the meeting was adjourned at 11:45 p.m. Respectfully submitted, Kent R. Rose, Mayor Pro Tem ATTEST; Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- MINUTES VAIL TOWN COUNCIL MEETING JULY 21, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 21, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce John Slevin Hermann Staufer MEMBERS ABSENT: Paul Johnston, Mayor TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 21, Series of 1987, second reading, amending the TOU Subdivision Regulations concerning condominium conversions in Section 17.26.075, which title was read in full by Mayor Pro Tem Kent Rose. Kristan Pritz explained two changes had occurred from first reading, the first appearing in Section A.4., supplying a definition of "permanent resident", and the second in Section 3.C., noting the time procedure for releasing unsold units to the tourist market. Following discussion, Hermann Staufer moved to approve the ordinance, and Gordon Pierce seconded that motion. A vote was taken and the motion passed unanimously 6-0. The second item was Ordinance No. 23, Series of 1987, second reading, an ordinance adding Chapter 18.09 to the Vail Municipal Code, such chapter to be entitled Hillside Residential District, and setting forth development standards for such zone district, which title was read in full by Mayor Pro Tem Kent 4ose. Rick Pylman called attention to Section 18.09.030, where a typographical error needed deletion, as well as changing "Eqestrian centers" to "Equestrian facilities". Following discussion, Gail Wahrlich-Lowenthal moved to approve the ordinance, with a second coming from John Slevin. A vote was taken and the motion passed unanimously 6-0. The third order of business was Ordinance No. 24, Series of 1987, first reading, an ordinance amending Chapter 5.20, "Transient Dealers" of the Vail Municipal Code; providing a definition of street entertainer and street artisan; restricting the operations of street entertainers and street artisans and setting forth certain exceptions to said restrictions, which title was read in full by Mayor Pro Tem Rose. Following discussion, including suggestions to be considered prior to second reading, Gordon Pierce moved to approve the ordinance, with Hermann Staufer seconding that motion. A vote was taken and the motion passed unanimously 6-0. The next item was Ordinance No. 25, Series of 1987, first reading, an ordinance imposing zoning districts on parcels of property in the recently reannexed West Vail area including, but not limited to, Vail Intermountain Subdivision, B;ocks 1, 2, 3, 4, 5, 6, 8 and 9 and Stephens Subdivision as well as certain unplatted parcels, which title was read in full by Mayor Pro Tem Kent Rose. Rick Pylman explained this is a reapplication of the original zoning for the area commonly known as East Intermountain, now that this area has been reannexed to the Town of Vail. Hermann Staufer made a motion to approve the ordinance, with a second coming from John Slevin. A vote was taken and the ordinance was approved unanimously 6-0. The fifth item of business was Ordinance No. 26, Series of 1987, first reading, an ordinance imposing zoning districts on parcels of property i.n the recently reannexed West Vail area including, but not limited to, Lionsridge Filing No. 2 and Filing No. 4, Ridge at Vail, and Cliffside, which title was read in full by Kent Rose, Mayor Pro Tem. Gail Wahrlich-Lowenthal moved to approve this ordinance, with a second by Gordon Pierce. A vote was taken and the motion passed unanimously 6-0. ~ The next item of business was Ordinance No. 27, Series of 1987, first reading, an ordinance approving a special development district (known as SDD No. 17) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto, which title was read in full by Mayor Pro Tem Kent Rose. Peter Patten gave a thorough explanation regarding the background for this proposed special development district, and Jay Peterson represented the applicant, Ramshorn Partnership. After considerable discussion, Eric Affeldt moved to approve this ordirance, based on the following conditions per two staff inemos, dated July 13 and 21, 1987: 1. The SDD shall encompass both Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing. Tract F-1 shall be restricted in that all density which could not be realized from rezoning to Public Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site, and the site contains its maximum amount of density utilizing both parcels owned by the Ramshorn Partnership. 2. The part of the lot located on Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces. A new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. The applicants shall make every effort to provide an additional two parking spaces for overflow guest parking on the site. 3. A concrete sidewalk a minimum of six feet in width, with a concrete curb separating it from the road shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant and shall be agreed upon before a building permit is issued. 4. The applicant shall solve any future parking problems on-site by utilizing valet parking. 5. Design of the sidewalk, landscaping and possible street lighting shall be discussed at Design Review Board. Additionally, a deletion in Section 5. Density, was called for in a change from "21 units per acre" to "21 units representir.g a total GRFA of 17,050 square feet". In Section 7. Use Restrictions, "Unit B located on the northerly end of the third floor," was changed to, "Unit B located on the southerly end of the third floor". A final addition occurred in Section 10. Conditions of Approval, 6, with wording completed as follows: "The use restrictions as described in Section 7 of this ordinance shall appear in the condominium declarations which are recorded with the Eagle County Clerk and Recorder and that this provision of the declarations should not be amended or repealed without the approval of the Town Council." Hermann Staufer seconded the motion. When the vote was taken, the ordinance was approved unanimously 6-0. The seventh item of business was a sign variance request for the Vail Conoco station. Rick Pylman explained the variance request, with Jim Morter representing the applicant as his architect. Following discussion, Eric Affeldt moved to support the DRB decision and to grant this variance, based on the staff inemo dated July 21, 1987, in which is specified that the smaller sign (3-1/2 square feet, wall mounted) should be excluded from the variance. This motion was seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 6-0. The next item for discussion was a review of a PEC decision to approve an exterior alteration and conditional use permit at Blu's Restaurant. Tom Braun explained the background for this request, and Jay Peterson, as attorney for the applicant, and Craig Snowden, as the applicant's architect, also discussed the project request. Michael Staughton spoke on behalf of this deck expansion and enclosure. After considerable discussion, Gail Wahrlich-Lowenthal moved to uphold the PEC decision and to approve both the conditional use permit and exterior alteration in accordance with the staff inemo dated July 21, 1987. additionally, the applicant has been asked to review a proposal for softening of the corners of the extended patio area, which can subsequently be reviewed at DRB. John Slevin seconded the motion. A vote was taken and the motion passed 4-1-1, with Eric Affeldt opposing and Hermann Staufer abstaining. -2- . The ninth item of business was an appeal of the PEC.decision to deny a density control and side setback variance°'request made by A1 Weiss. Tom Braun explained that just recently John Perkins, architect for the applicant, had stated the applicant was willing to reduce the size of his request for expansion to the 250 square foot level, which is within the ordinance requirements. Since the PEC had no problem with the setback variance, Tom Braun requested that Council table this request and refer the applicant back to PEC, thus saving the applicant additional filing fees and another 30-day setback in time. Eric Affeldt moved to table and refer the applicant back to PEC, with a second coming from John Slevin. A vote was taken and the vote was unanimously approved 6-0. There was no Citizen Participation. Under the Town Manager's report, Ron Phillips deferred to Larry Eskwith, who informed Council that a seven year old lawsuit, Briscoe vs. Town of Vail, had been dismissed. There being no further business, the meeting was adjourned at 10:05 p.m. Respectfully submitted,` Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pamela Brandmeyer -3- MINUTES VAIL TOWN COUNCIL SPECIAL MEETING JULY 28, 1987 2:00 P.M. A special meeting of the Vail Town Council was held on Tuesday, July 28, 1987, at 2:00 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce John Slevin Hermann Staufer MEMBERS NOT PRESENT: Paul Johnston, Mayor TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk It was noted as the meeting began that Gail Wahrlich-Lowenthal and Gordon Pierce would be late arriving for the meeting. The first order of business was Ordinance No. 28, Series of 1987, emergency reading, amending the Air Pollution Control chapter of the Municipal Code by providing for the installation of solid fuel burners and setting forth penalties for a violation of the ordinance. Mayor Pro Tem Rose read the full title of the ordinance. Larry Eskwith stated the chapter remained the same except for two major changes - an annual inspection by the Health Officer and the owner of the firebox would be required to pay thirty dollars ($30) a year for the inspection. Gail Wahrlich-Lowenthal arrived at this time. Larry noted staff also wanted to add that a sign be posted on the firebox which stated "Caution - gas fireplace". During discussion by Council, Larry mentioned staff had also added a penalty of up to $499 for any violation of the ordinance. After much discussion by Council, Larry Eskwith, Peter Patten and Gary Murrain, A1 Weiss stated his objections to the ordinance. Bob Fritch commented on how pleased he was with the ordinance. After more discussion, Hermann Staufer made a motion to approve the ordinance with the following changes: 1. A periodic inspection by the Town Health Officer with reasonable notice given. 2. A thirty dollar ($30) inspection fee. 3. A sign to be posted on the fireplace reading "Caution - Gas Fireplace Only". Eric Affeldt seconded the motion. A vote was taken and the motion passed unanimously 5-0. The second item on the agenda was discussion of the Vail Village Core truck loading restrictions. Stan Berryman gave thorough background information on the truck loading restrictions. Hermann Staufer had attended the public meeting also and gave his perceptions and then alternate solutions he felt would work. Pepi Gramshammer commented store owners should be approached on how they could cut down on deliveries and discussed other problems. Ken Hughey wanted to try the 11:00 a.m. - 5:00 p.m. closure just for August. After some discussion, Council agreed that the closure only affected trucks of 10,500 pounds or over; it would not affect any Post Office, UPS, plumbers, etc. trucks. After more discussion by Council, it was agreed: 1. There would be a closure of tne Core 11:00 a.m. - 5:00 p.m. 2. The closure would affect only trucks weighing 10,500 pounds or over. 3. The bridge would be opened for one way traffic north for an escape route for the trucks. 4. The trial period would be for August 10 through September 7(Labor Day). Gordon Pierce at,rived at this time. The next item was discussion of the proposed "Aurora" sculpture for the Dobson Ice Arena. Kristan Pritz explained what had transpired to this point. She then explained what the Public Art Task Force's decision was on the sculpture and why. She also talked about what the Task Force was working on now and the goals they had set for themselves. Peter Patten and Beverly Trout, a member of the Public Art Task Force, both confirmed Kristan's comments. Cynthia Williams commented that some national specialists in public art would be in town August 20th and would like the members of the Task Force to meet them. The fourth item of business was the Second Quarter Financial Report. Steve Barwick noted that not many changes had been made in this report from the first quarter report. He explained they could tell, however, what was to be expected in the near future and gave some of the figures and details. He then answered questions of Council. The next item on the agenda was the Semi-annual Investment Report. Charlie Wick introduced Rich Parzonko and the report. Rich commented on the investments made and stated it looked like the Town would be about $50,000 over budget. He then explained a breakdown of the report, gave details and answered questions of Council. Eric Affeldt asked Rich to produce a report on Rich's thoughts about FDIC insured amounts vs. collateralization guarantees, which would then be discussed at a later Work Session. The sixth item was discussion of the revision of the Town's Investment Policy. Charlie Wick noted Rich Parzonko would go over the highlights of the changes made in the Policy Statement, and explained what the goal of the new document was to be. Rich discussed the changes made and why they were made. Eric Affeldt suggested a few changes and asked questions, to which Rich and Charlie responded. The next item of business was the Planning and Environmental Commission Report. Peter Patten explained what each item at the PEC meeting, held Monday July 27, and detailed the PEC's decisions. He then answered questions from Council. The last item for discussion was Other. Council discussed a letter from Pepi Gramshammer complaining about Blu's Restaurant proposed deck area. After discussion, Council members stated their concerns. They would like to be present at the Design Review Board meeting when the item is discussed and a site visit made so they can state their concerns over the pedestrian flow. Peter Patten will notify the applicant of changes which may be requested. Eric Affeldt had questions for Stan Berryman, who was not present. Eric explained them to Charlie Wick to pass on to Stan. They were about a sprinkler out of order at the Texas Townhomes, a planter box at the East Vail entry which was in the way and there were some lights out at the Ice Arena. Next, there was discussion about the Children's Fountain and ways lighting around town could be improved. Mayor Pro Tem Rose commented he had received an informal petition over concern about the safety of pedal powered vehicles. The petition requested the Police Department strictly enforce, an ordinance to be passed, or whatever it would take, to require these vehicles to stay in single file, use bikepaths and not the roadways, etc. After discussion by Council and Peter, it was decided to pass the information on to be reviewed as a part of the Vail Village Master Plan. Hermann Staufer instructed Peter Patten to push the Cemetery Committee to keep active. -2- There being no further business, the meeting was adjourned at 4:45 p.m. Respectfully submitted, Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- ORDINANCE N0. 25 Series of 1987 AN ORDINANCE IMPOSING ZONING DISTRICTS ON PARCELS OF PROPERTY IN THE RECENTLY REANNEXED WEST VAIL AREA INCLUDING, BUT NOT LIMITED T0, VAIL INTERMOUNTAIN SUBDIVISION, BLOCKS 1,2,3,4,5, 6,8, AND 9 AND STEPHENS SUBDIVISION AS WELL AS CERTAIN UNPLATTED PARCELS. WHEREAS, the Town of Vail, Colorado, recently re-annexed a portion of the West Vail area, County of Eagle, State of Colorado, effective on June 26, 1987, as depicted in the attached Exhibit A; and WHEREAS, Chapter 18.68 of the Uail Municipal Code sets forth procedures for the imposition of zoning districts in recently annexed areas; and WHEREAS, Section 31-12-115 (S) CRS, 1973, as amended, requires the Town to bring newly annexed areas under zoning ordinance within 90 days after the effective date of annexation; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has considered the zoning to be imposed on the re-annexed area at a public hearing nd has made a recommendation to the Town Council to adopt zoning as proposed in this ordinance; and WHEREAS, the Town Council considers it in the best interests of the public health, safety and welfare to so zone said property. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Procedures Fulfilled The procedures for the determination of the zoning districts to be imposed upon the recently re-annexed west Vail area as set forth in Chapter 18.68 of the Vail Municipal Code have been fulfilled. Section 2. As provided in Section 18.080.030 of the Vail Municipal Code, the zoning administrator is hereby directed to properly modify and amend the official zoning map to indicate the zoning specified herein in exhibit B attached and incorporated herein by reference. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 21st day of July , 1987, and a public hearing shall be held on this ordinance on the 21st day of July , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 21st day of July , 1987. Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- Exhibit A LEGAL DESCRIPTION A 7RACT OF LANf3- OEING A POR7 ON OF' uEST 011E-HALF OF SECTION 14 AND A . PORTION OF THE SOUTNEAST ONE-QUARTER OF SECTION 15. TOWNSHIP 5 SOUTH, RANGE Eil F1EST OF THE SIXTH PRINCIPAL ME:RIDIAN. EAGIE COUIJTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLONS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHNEST ONE-QUARTER.OF THE SOUTHUEST ONE-QUARTER OF SAID SECTION 14, WHENCE THE WES7 ONE-QUARTER CORNER OF SAID SECTION 14 BEARS S87 09'00"Fl 1380.06 FEET DISTANT; SAID 'POIH7 BEING ON THE SOUTNEASTERLY RIGHT-OF-NAY LINE OF INTERSTATE NIGHUAY . N0. 70; THENCE ALOfIG SAID SOUTNEASTERLY RIGHT-OF-WAY LINE FOR THE FOlL0kIf1G THREE (3) COURSES: • N87 09'00'E A DISTANCE OF 111.28 FEET; • 2.) N21 37'06"W A DISTANCE OF 73.65 FEET; 3.) N69 34'00"E A DISTANCE OF 111.80 FEET; THENCE N34 58'26"W A DISTANCE OF 347.34 FEET TO THE SOUTHWEST CORNER OF • GOYERNMENT LOT 21, SEC7ION 14, SAIO POIN7 BEING ON THE NORTHNESTERLY ' RIGHT-OF-WAY IINE OF SAID INTERSTATE HIGHWAY N0. 70; THENCE ALONG SAIO NORTH;~ESTERLY RIGHT-OF-IIAY LINE FOR THE FOLLONING FIYE (5) COURSES: 1.) N67 03'24"E A DISTANCE OF 259.95 FEET; 2.) '285.23 FEET ALOf1G THE ARC OF A.CURVE TO THE LEFT fiAYING A CENTRAL ANGIE OF 09 11'U8", A RADIUS OF 1760.00 FEET AND A CHORD WNICH BEARS N59 23'18"E 284.92 FEET DISTANT; 3.) N21 36'24"E A DISTANCE OF 392.37 FEET; - 4.) N45 48'18"E A OISTANCE OF 422.13 FEET; 5.) N38 4400'E A DISTAf1CE OF 414.59 FEET;• TNENCE S19 26'41"E A DISTANCE OF 512.00 FEET TO THE IN7ERSECTION OF THE SOUTHEASTERLY RIGH7-OF-WAY LINE UF SAID INTERSTATE HIGHWAY N0. 70 AND THE EAST LINE OF THE NORTNNEST ONE-QUARTER OF SAIU SECTIO14 14• THENCE SOl 26'30"E ALONG SAID EAST LINE A DISTANCE OF 1075.47 FEET~ TO THE SOUTHEAST CORNER OF SAID NOR7Hl1EST ONE-QUARTER OF SECTION 14• THENCE 501 2845"E ALOt1G THE EAST LINE OF THE NORTNEAST ONE-QUARTER~ OF THE SOUTHWEST 0}lE-QUARTER OF SAIO SECTION 14 A DISTANCE OF 1366,74 FEET TO THE SOUTHEAST CORNER OF BLOCK 9, YAIL INTERMOUNTAIN DEVELOPMEN7 SUBDIYISION, A SUBDIYISION RECORDED AT RECEPTION N0. 121087 IN THE RECORDS OF THE EAGLE • COUNTY CLERK AND RECORDER; THENCE S81 36'55"W A DISTANCE OF 2708.69 FEET •TO THE SOUTHSlES7 CORNER OF SAID BLOCK 9; 7NENCE N41 04'38"N A DISTANCE OF 54,47 FEET 70 THE SOUTHhEST CORNER OF BIOCKS 5;.NO 6. YAII IN7ERtV,OUNTAIH SU?DIYISION, A SUBOIYISIO}i RECORDEO A7 RECEPTIO}i N0. 114403 IN THE OFrICE OF THE EAGLE COUNTY CLERK AND RECORUER; 7HEHCE AIONG THE WESTERLY aOUNDARY ' OF SAID BLOCKS 5 AND 6 FOR 7fiE FOILOWING FOUR (4) COURSES: •1.) 1120 21'00"N A DIS7ANCE OF 152.35 FEET; 2.) N06 35'09"N A DISTANCE OF 102.01 FEET; 3.) Fl21 23'41"W A DISTANCE OF 50.00 FEET; 4.) N59 40'35"W A OISTANCE OF 123.89 FEET TO THE SOUTHERLY LINE OF lOT 1 OF SAID BLOCK 5; . • THENCE ALONG THE SOU7HERLY ANO EASTERLY BOUNDARY OF SAID LOT 1 FOR THE FOLL041ING T410 (2) COURSES: l.y Nbl 18'30"E A DISTANCE OF 171.34 FEE7; . 2.) N38 00'00"W A'DISTAtdCE OF 163.39 FEET TO THE SOUTNEASTERLY RIGHT-OF-KAY LINE OF SAIO INTERSTATE HIGHWAY N0. 70; THENCE ALONG SAID SOUT}iEASTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING SIX (6) COURSES: 1.) 350.19 FEET ALOfIG THE ARC OF A CURYE TO THE RIGHT HAVING A CEH1"RAL ANGLE OF 6 00'00", A RADIUS OF 3344.00 FEET AND A CHORD NHICH BEARS N55 l0'38"E 350.03 FEET DISTANT; 2.) N58 11'06"E A DISTANCE OF 559,86 FEET; ' 3.) N59 10'09"E A OISTANCE OF 290.30 FEET; ' • 4•) 194.36 FEET ALONG THE ARC OF A CURYE TO THE RIGNT HAYING A CENTRAL ANGLE OF 04 0918". A RADIUS OF 2680,00 FEET AND A CHORD kHICH BEARS N63 37144"E 194.31 FEET DISTANT; 5.) N67 25'09"E A DISTANCE OF 197.10 FEET; 6•) N81 09'OOE A DISTANCE OF 109.47 FEET TO THE POINT OF BEGINNING. , . - ~ ~"pdup o ooo'.'., • ' ' iiiiiiiiiiiiiii~ 000 (TDG ~ 000....~...~~ )ouo nS,o~,oo ~ „ EXHIBIT B oo~~(,~1~ 0,.u . oapnoo oa 60 000o Oo np . auo onno0nd06omouo 0 ao p~ ~ . iopoOOB~nhOo04uur, go ~o OOOOKrooO() 0o0~c,~ lpHf ~p np o~1 UU ao u+F'Larreo EAGLE COUNTY on~ o0 oCoRr,Nn , t oo~~o.Au ' - a~ ~ oLSO tj c ~lilcy~f7oi ~6,~ 0 fl.GQ?r~' ~ i UO ' ~ . . 0 0 . OLl (O 0 . 0 U 1 p ao ~ . ~ ~ , 075 coo ~~;t,~~,oat~o ~ < oqs on ~ o eu ~ p o n~an ~0g o c~c;q~ o ~ , • ~oo lt'nck~oGou~ ~ nZ~ ~Aa ooi qo >d ~ o . . . ~ ' ~vC~'9 . i do on ~ oC) ql . " , ` DP U.Q ~ A ( .o O C0 t9 ) . , U i 9.U1 4 C ~7 I,IU 0 O ,en r nr, nA~ ~,o no ~t'~p '4 • • , b . ' n ° r ni9 .c ~ 1N0 . . . . - o-c, pc un q~ C) 0 ~f or or.Ar ~ c cRu aoo H t J~,f ou p 4 ~m n< U . ROSA ~A.IOE p p~ ~ I .OTTti~OR OGl OU~ 00~t f10~' 7P INTERSTATE 70 , 'o^ ~ . 4 II p 'll ' •'3,.. ' . . i gEllF 0 ~ ~ i ' 1 ...G i-T ~`J'`•'"~iOf~.J.:r.`:,.'-~.:,. ~ ~o ELLIOTT F 12 is e 7 q~ u ~ ' ~ ~ u r g g : c~i ~i~. ~ : : Urpit~itYb. . ~ _ ~ o n :i s ..•'~'~'t;::;:,. l~\ ~qn~ ~ ~ u y . . , . . _ , , 00 0i p ~ , : ~ MEADOW CREEK ~ onoo 0 c i QO OU~tiryi A:~:.-..'." ~.ti•.'.'. • Ol 4 ~O)0 ~ ~7>@~ dc ~4`. : ~~Pi.AU?'~p~•' . . . _ , SUBDIVISION , ~ ~ ~ o Du .pu ~r~~ooo, .t ..4•:: ? Ar/ , 0 0 ~ . ..:Z:;.. • , . uo rPq~ p~;~ p ou cyzt) i60 uu ,oooo . . ~ \ , . . 000 ONo,~t?{)OOOC. AQ . ,'.5.:; • . ' ' .UNPlQ1EQ.1• . ~ _,~~E~ ~ i : • 'OqU :bUf.D UO ODUO . . .3'. . . . , , '00r): UO 0~ , aP0 OOOJOOt, ~ ,l; : " „ ~ ~ • y. '4fDq Ubi.l y~ ~ PRdS~; „ ~ • p ppq Ol ( VUU 0 OO~1tTo. . . . . ~ . >oou~~~ , q ~ PNA~:•. '•~~~5, ~,onqo n~ 0 0 , . ~t~ ' ' ooooi>.,, : . ooo~ A 0). Cr ~ i•. 0 02O0 0` 000C f 4g~ U OOUJ' Ao , ~~r,qOtl ollu o~ ~4Lf 0L~ J~ )0 i 7u : ;:'D . . , ~ ' ~ rJ0 i) _ 000~ • ...~~f`„ ~ o~ . . ~ ~ c~i , . c71200 cw p, o„o i Ao ~ u ~n oo< <a ua o o o q~ b~ ~o,'•':;,':.'.'•': ' ~ao, 0 00 uonuo aooo u a~° ~4 0~ W~C\l i0r Oi q`~ n. Up( Jil~ ~~Ji RKS" uH ' 000. .OU:] fl()~~) C7i1 1 ) p0, i Z F.. ~iWryO , s)U'JJ 00'9~i0' 0: ~ t?0 )t~ 'UO 15 Oi . UU : ~ w ~ou o:~ ~ ,o o~ o;~ bo o~ uo ~t ~a~ A, uooo< W oo~s. >~~oon ~ nc o000 on,o~, aoooon ~ xx ,pe,mr~uoouou~ o~oo oooouu:ouooooouooooaoo'• ' U in S+:n~~ o~9nuw >„nonu oogoo anu ~r~oooooc~0 0 o0 0 0 0 00 I- ~~;juuoo o~~,nn,u~ooo od~bn ~ouuo;,ouooooc,oooouo ' Q w ,o 001 ) ~ u~>i~oo 0000 0o0ooou~~ooooo000000~ ~ w ~c o oo.~~,b~ o oa o o ou~ 0oo0ooouuu000000 ooo,~ B.L.M. , ~,o 00ono~>0~~ao~,ao~>oooB.L.M. aq, . _,o, t 00000000000000000of )o o., oo0oooaooouooooooaoo . r~on < o00000ooooououoooono~ ~ uuo noo oooo~>ooooooor,oouooouor . oo0o0U0oo0qb)oouoopoo oo~,ooo o~~~ooooooooyooor,~oooan ruy i ) noo~oooof.) 0 0 0 0 o000ooooou ~ 0ooooouoooooooooor ~ 0„000 oooouoooounooooon )0 )000 000000000000, ' $CALE I"•20Q' ~UOODOOOO0b00n00i . ~0 O0 OOq0000U0U0' ' 100000o00(7,00t1 2030 100 OoU()0!)OUO()(, . ,00000000(' 000600~ ~ UOOOD , OUr' l % I~ ..if~. ~'llf. .";II ORDINANCE N0. 26 Series of 1987 AN ORDINANCE IMPOSING ZONING DISTRICTS ON PARCELS OF PROPERTY IN THE RECENTLY REANNEXED WEST VAIL AREA INCLUDING, BUT NOT LIMITED T0, LIONSRIDGE FILING N0.2 AND FILING N0.4, RIDGE AT UAIL, AND CLIFFSIDE. WHEREAS, the Town of Vail, Colorado, recently re-annexed a portion of the West Vail area, County of Eagle, State of Colorado, effective on May 1, 1987, as depicted in the attached Exhibit A; and WHEREAS, Chapter 18.68 of the Vail Municipal Code sets forth procedures for the imposition of zoning districts in recently annexed areas; and WHEREAS, Section 31-12-115 (S) CRS, 1973, as amended, requires the Town to bring newly annexed areas under zoning ordinance within 90 days after the effective date of annexation; and WHEREAS, an application from the owner of Phase III of The Valley has previously been zoned as Special Development District 16, said rezoning shall remove the parcel from the jurisdiction of this ordinance; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has considered the zoning to be imposed on the re-annexed area at a public hearing nd has made a recommendation to the Town Council to adopt zoning as proposed in this ordinance; and WHEREAS, the Town Council considers it in the best interests of the public health, safety and welfare to so zone said property. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Procedures Fulfilled The procedures for the determination of the zoning districts to be imposed upon the recently re-annexed west Vail area as set forth in Chapter 18.68 of the Vail Municipal Code have been fulfilled. Section 2. A parcel located in the Valley known as Special Development District No. 16, Elk Meadows, as generally shown on the attached Exhibit B, shall be exempt from this ordinance. THE REMAINDER OF SAID AREA SHALL BE REZONED AS SET FORTH AS ATTACHED ' AND INCORPORATED IN EXHIBIT B. Section 3. As provided in Section 18.080.030 of the Vail Municipal Code, the zoning administrator is hereby directed to properly modify and amend the official zoning map to indicate the zoning specified herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 21st day of July , 1987, and a public hearing shall be held on this ordinance on the 21st day of Jul.y , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 21st day of July , 1987. Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- ~ nr I ~ v? Exhibit A _ LECAL DESCRIPTION All of Loca 20 and 21, Sec[ion 1, and par[ of the N 1/2 Section 12, all :n Tovnship 5 South, Range 81 lles[ of the Slx[h Principal Heridian, Eagle Coun[y. Colorado, described as a vhole as follove: Beglnning at an exlsting brass cap monumen[•marking the N 1/4 Corner of sald Sec- tlon 12; Chence N00°01'02"l1 61.32 feet, along the vesterly llne of Lot 1, The Ridge ac Vall according to the map thereof recorded at Reception No. 202800, to the boundary of Lion'a;Rldge Subdivlsion Filing No. 4 according to the mnp thereof recorded at/Receptlon No. 202794; Chence the folloving tvo coursra nlong the veat- erly and northerly llnes ot sald Llon's RSdge Subdivi9lon Filing No. 4; (1) M100°O1' 02"u 1301.66 feec; (2) N87°51'42"E 1318.39 feec, to the northeasterly corner of aald Lioo's Rldge Subdlvlsion Flling No. G; [hence the folloving six courses along the exlscing Tovn of Vail boundary: (1) S00°OG'39"W 1379.52 feet along the easterly line of said Lion's Ridge Subdivision Filing No. G; (2) S88°17'49"u 300.00 feet along the southerly line of said Lion's Ridge Subdivision Filing No. 4, to tlle northeasterly corner of Lion's Ridge Subdivision Filing No. 2 according to the map thereof recorded at Recepcion No. 121219; (3) SO0°03'2S"W 495.18 feet along the eascerly line of said Lion's Ridge Subdivision Filing No. 2; (4) departing said easEerly line and concinuing S00°03'25"u 88.62 feec, to the soucherly right-of-va\• llne of Lion's Ridge Loop; (S) 488.61 feet along said righc-of-vay on the arc of a 1771.95 fooc radius curve to the right, having a cencral angle of 15°48'04", and having a chord that bears S51°38'OS"W 481.12 feec; (6) S59°32'06"u 1243.30 feec along said right-of-vay line to the easterly litic o! Lion's Ridge Subdivision Filing No. 3 according to the map thcreof recorded at Reception No. 181193; Chence continuing along the exist(ng Tovn oi Vail boundary and along the eas[erly line of said Lion's Ridge Subdivision Filing yo. 3 N37°09'31"W 60.41 feet, to the northcr- ly right-of-vay line of said Lion's Ridbe Loop; thence con[inuing along the existing Tovn of Vail boundary and said northcrly righc-of-vay line N59°32'06"E 880.33 feet, co the most easterly curner of said Lion's Ridge Subdivision Filing No. 3; chence the folloving nine courses along the er.isting Tovn of Vail boundary and C}ie eas[erly and northerly lines of said Lion's Ridge Subdivision Filinb No. 3: (1) N39°54'08"u 330.95 feet; (2) S69°46'30"W 49.27 feet; 255.16 feet along the irc of a 135.00 looc radius curve to tlie right, li:iving a central angle of 108°17'40" and having a chord that bears N56°04'40"W 218.84 fcet; (4) S84°55'16"41 621.05 leec; (S) S50°OS'00"u 330.00 feet; (6) S68°15'00"W 990.00 feet; (7) S74°45'00"u 430.00 feec; (8) S66°15'00"4J 532.96 leec; (9) 13.36 feec along the arc of a 130.00 fooc radius curve to the righ[, having n cencral angle vf 05°5)'ll", and h3ving a chord thac bears S30°03'49"u 11.35 fuet, to clie vescurly line uf saiJ Lion's Ridge Sub- divlsion Flling No. 2 also being the vesterly line of satd Section 12; thence NO1° 35'59"E 1524.16 feet along said vesterly lines, to tlie norchvescerly corner uf said Seccion 12; thence *188°19'41"E 2413.92 feet along ciie norcherly line of said Lion's Ridge Subdivision Filing No. 2 alao being [he nurtherly line ot said Sertion 12, co • the nor[hvesterly curner of said Loc 1, The Riclge at \'ail; thunce continuing .110ng the norcherly line uf said Section 12 and the nor[ht-rly ltnc u( said l.oc 1, S88i°19' 41"E 280.00 feet, co the puine ot beginning. . ~cr. EXHIBIT B~~'~ ;rn , i . . , ! if• ~ . , r . r. ' ~k • / A 0~ ..~r • 1 mAcT o ///M~lnw ' ' f• " ,.~1~ r., /I/I/II, . l ' ' „Y+• M M,+.. .r. ~r.~ /////I/, • . I . r y ~ .Y.,• ~ " ^ iII//II . • OR. , , ir. ~ r r //I//// •TRALti ' pa• a0taro vaTa+' ~ _•,N„ • • ii~~ y r, aue :-LiQltl'S+ZRtDGE •.EILINGNO`.4. Ic, , WHITE RIVER NATIONAL FOREST, ~ , • ' . ' PARCEL A pHE \EIOWS RIDGE FILING N0.2 Nvi TOWN OF VAIL BOUNDARY ~ , : ASCIt•' . iRPH . . 000 .i' ~ 00 11000 ~ b••'. 0 0 S ~ o00 AT Vk k~- . ~~.:z' ~•sa•' r• B.L.M. . j'• . 'Q • p{fa . ~t aci,• ~•oa:~:~'~•' ' ii' 0q00 0 ODO 0 00 Ob00 00 i~~ . . o0 ovo o~o 00000 : • 'c iiiii.~.i..iii . ' - • i/Iiii 0 0 00 0000 .~r'• iiii/Ii 000 0~0 00 •./iiii/ii I i///iI/i ~ iiiiiii 00000 000 I 1•" . tiiiiiiili. 00060000 . iii/iiiii~iii 000 ' . iii ,~~iiiiuii iiiiriiiiiiiiiiii.iiiiii~ii~iiiii~~ 16(V ' . p. ~f::~;~~~••~':.7.'.'.'. iiiiiiri ~~iiiiiiiiiiiii/iiiiiii i iiiiiiii~~~ G . r,;.w /iiI/I ~f ~}'~/~~?Q~ ii/iiiiiiiiiiiii/iiiii (~7 'p. %i i/1~LIOE~~11/,(~~.(I~/i~(~~~41~~~~///II//////IIII////y . • , • ~%~';p1~~9~:FJoo ~~'~L,,,,.,,,.,,. sP~ ~ fiiiiiiiiii ~ii . . . iii iiiiiiiii•li iiiiriiiiiii iiiiviiiii 0 000 000 00 Op000 riiiiiiiiiiiiiii0 000 00 tl0000 ~ 0 0000 00 0 00 A ADE ~~~~~r~~~~~~~~~~~~~~~~~~~~~~~•~ • 0000 B00 000 o VILLAGE iiiiiii/i///iliiiiiiiiiii. 00 0000 000 00 0 00 0000 000 0 . . • ~'i iii~~iiiiiiiiiiiiiii 0p ' . . . •i i/ •,i~~~~~~~~~~ p 0 00 000 0000 , 00 00 0 0 000 O,p b-0 0 , ~ ' 0000 00 00 Ob0 0 f0 0 0 000 00Q0 o ~ . . . ..c5~' /~/~.irn _ , . _ , 00 db 1 . O,Q • RESOLUTION N0. 22 Series of 1987 A RESOLUTION DESIGNATING RESOURCES INDUSTRIAL BANK 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. WHEREAS, the Town has the power to designate banks or financial institutions as depositories for funds of the Town; and WHEREAS, the Town wishes to designate Resources Industrial Bank as a depository for the funds of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, that: 1. Resources Industrial Bank is hereby designated as a depository for the funds of the Town of Vail. 2. Charles Wick, the Director of Administrative Services of the Town of Vail, or his successor, and Richard Parzonko, Financial Controller of the Town of Vail, or his successor, are hereby authorized to open any deposit account in the name of the Town of Vail at Resources Industrial Bank and to exercise any fund transfer agreement thereof. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of August, 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk - ~ ORDINANCE N0. 24 Series of 1987 AN ORDINANCE AMENDING CHAPTER 5.20, "TRANSIENT DEALERS" OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; PROVIDING A DEFINITION OF STREET ENTERTAINER AND STREET ARTISAN; RESTRICTING THE OPERATIONS OF STREET ENTERTAINERS AND STREET ARTISANS AND SETTING FORTH CERTAIN EXCEPTIONS TO SAID RESTRICTIONS WHEREAS, the Town Council would like the visitors, guests and residents of the Town of Vail to have the opportunity to enjoy a variety of activity throughout the public streets of the Town of Vail; and WHEREAS, the Town Council further believes that street activity provided by street entertainers and street artisans would add to the ambiance of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Section 5.20.020 "Definitions" of the Municipal Code of the Town of Vail is hereby amended by the addition of paragraphs E and F to read as follows: 5.20.020 E. "Street Entertainer" "Street entertainer" means a person who performs mime, magic, music, juggling, comedy, story telling, or other types of entertainment on public land or right of way at no charge to the public. 5.20.020 F. "Street Artisan" "Street Artisan" means a person who creates and sells portraits, landscapes, streeetscapes and other types of two dimensional art on public or private property. Section 2. 5.20.030 "License-Required" of the Municipal Code of the Town of Vail, Colorado, is hereby amended to read as follows: 5.20.030 License-Required It is also, in addition to the prohibitions set forth in Section 5.20.010, unlawful for any person to be engaged in the business of a transient dealer, peddler, solicitor, hawker, itinerant merchant, huckster, canvasser, ~ • ti transient vendor, street entertainer or street artisan within the town without first obtaining a license for conducting any such business or activity with the town as provided in this chapter. Section 3. Section 5.20.040 "License-Application-Fee" of the Municipal Code of the Town of Vail, Colorado, is hereby amended to read as follows: 5.20.040 A. Licensed-Application-Fee A. Every person, before transacting any business as a transient dealer or any other activity described in Section 5.20.020, with the exception of those defined as street entertainer or street artisan, shall first procure from the Town Clerk a license permitting him or her to engage in any of the selling or soliciting activities referred to in this chapter. This license shall be referred to as a"transient dealer's license" Street entertainers and street artisans shall be required to first procure from the Town Clerk a license in accordance with section 5.20.095 of this chapter. Section 4. Section 5.20.070 "License - Term - Cancellation" of the Municipal Code of the Town of Vail is hereby amended to read as follows: 5.20.070 A. License - Term - Cancellation A. A transient dealer's, street entertainer, or street artisan license issued under this chapter may be revoked by the Town Council, after notice to the licensee and a hearing at which the licensee may be heard, for any of the following causes: 1. Fraud, misrepresentation, or false statement contained in the application of the license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on his business as a transient dealer, street entertainer or street artisan; 3. Any violation of this chapter; 4. Conviction of any crime or misdemeanor involving moral turpitude; or 5. Conductingthe business of a transient dealer, street entertainer, or street artisan in an unlawful manner or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public. / t ' Section 5. Section 5.20.090 "Selling on streets prohibited" of the Municipal Code of the Town of Vail is hereby amended by the addition of the following section 5.20.095 "Street entertainer and street artisan to read as follows: 5.20.090 Selling on streets prohibited Under no circumstances shall any person conduct any selling or soliciting activity on or in any public street or right-of-way within the town. This section shall not, however, be deemed to prohibit the selling of taxicab or pedicab services on the streets or rights-of-way within the town, where such vehicles are permitted to operate by the laws of the town or activities of street entertainer or street artisan as permitted under this chapter. Section 6. Section 5.20 of the Municipal Code of the Town of Vail is hereby amended by the additionof the following section 5.20.095 "Street entertainer and street artisan" to read as follows: 5.20.095 Street entertainer and street artisan A. It is deemed by the Town Council of the Town of Vail that for public convenience and to maintain the health, safety and public welfare that a maximum of four permits may be issued for street entertainers at any given time. Of these permits, no more than two shall be issued for the Vail Village area, nor more than two for the Lionshead area at any given time. Length of permits shall be for a one month period. A permittee may request a permit extension, provided, however, that in the event the number of permit applications exceed the number of permits allowed by this chapter, permit extensions shall be limited to a maximum of one additional month. Applications for street entertainer permits shall be made to the Town Clerk's office. Applications shall include the name and address of the applicant, a filing fee as determined by the Town Council, a description . of the entertainment, requested location (appropriate locations are on file with the Department of Community Development), a graphic or written statement defining the amount of space, equipment, devices and props, etc., that are required for the entertainment, the hours and frequency of the entertainment, and other information as required by the Town of Vail. Applications for street entertainer permits shall be granted on a first come first serve basis when such application is deemed by the staff of the Town of Vail to be compatible with surrounding uses, business and pedestrian activity, and other considerations to maintain the health, safety, and welfare of the community. The Town of Vail shall reserve the right to determine locations for street entertainers to ensure compatibility with vehicular and pedestrian traffic and the normal business activity of the surrounding area. Decisions of the staff may be appealed to the Town Council of the Town of Vail. Proof of insurance and/or indemnification may be required at the discretion of the staff of the Town of Vail when deemed appropriate. Street entertainers are prohibited from utilizing any signs or advertising in conjunction with their performances. Street entertainers shall be permitted to request gratuities from an audience following the completion of their performance provided the solicitation is done in a courteous, and non-aggressive manner. B. It is deemed by the Town Council of the Town of Vail that for public convenience and to maintain the health, safety and public welfare that a maximum of eight permits may be issued for street artisans at any given time. Of these permits, no more than four may be issued for the Vail Uillage area nor more than four may be issued for the Lionshead area at any given time. Length of permits shall be for a one month period. A permittee may request an extension, provided, however, that in the event the number of permit applications exceed the number of permits allowed under this chapter, permit extensions shall be limited to a maximum of one additional month. Applications for street artisan permits shall be made to the Town Clerk's office. Applications shall include the name and address of the applicant, a filing fee as determined by the Town Council, a description of the artist's work to be performed, requested location (appropriate locations for artists are on file with the Department of Community Development), a graphic or written statement defining the amount of space, equipment, etc., that are required by the artist, the applicants hour of operation, and other information as required by the Town of Vail. ~ Applications for street artisan permits shall be granted on a first come first serve basis when such application is deemed by the staff of the Town of Vail to be compatible with surrounding uses, business and pedestrian activity, and other considerations to maintain the health, safety, and welfare of the community. The Town of Vail shall reserve the right to determine locations for street artisans to ensure compatibility with vehicular and pedestrian traffic and with the normal business activity of the surrounding area. Decisions of the staff may be appealed to the Town Council of the Town of Uail. Proof of insurance and/or indemnification may be required at the discretion of the staff of the Town of Vail when deemed appropriate. Street artisans shall be permitted a sign, not to exceed two square feet, in order to identify the artist and the costs of their work. Street artisans permitted under the provisions of this chapter shall be permitted to sell their work to the public. However, only such art created on location as specified by the terms of the permit shall be permitted for sale. The sale of any other work, whether created by the artist or others, shall be expressly prohibited. Upon approval of an application, the artist shall be required to comply with Section 5.20.040 D of the Municipal Code. Section 7. If any section subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and re-enactment of any provisions of the Uail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ~ , . , . , . ~ INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ' this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk i ; ORDINANCE N0. ,27 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD N0. 17) ANO THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Uail Municipal code authorizes special development districts within the Town; and WHEREAS, the Ramshorn Partnership, owners of the Ramshorn Lodge, has submitted an application for special development district approval for certain parcels of property within the Town known as Lot A, Block 3, Vail Village 5th Filing and a part of Tract F-1, Uail Village 5th Filing and a part of vacated Hanson Ranch Road right-of-way known as Parcel RH as further depicted on the attached survey (Exhibit A); and WHEREAS, the establishment of the requested SDD 17 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to establish said Special Development District No. 17. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for SDD #17. Section 2. Special Development District 17 Special Development District No. 17 (SDD 17) and the development plan therefore, are hereby approved for the development of the three parcels noted above within the Town of Vail. 1 r y Section 3. Purpose Special Development District No. 17 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to promote the upgrading and redevelopment of a key property in the Town. The development is regarded as complementary to the Town by the Town Council and meets all the design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District No. 17 which cannot be satisfied through the imposition of standards in a Public Accommodation zone district. SDD17 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan A. The development plan for SDD 17 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of the following plans and consists of the following documents: 1. Site and landscape plan by Morter Architects dated June 29, 1987, sheet No. 1 entitled "Ramshorn Remodeling." This plan may be revised according to final Design Review Board approval and, if so, the final site and landscape plan will reflect the appropriate date. The final site plan shall also show the sidewalk as per condition of approval no.3. 2. Existing first and second floor plans dated June 29, 1987 by Morter Architects. 3. Floor plan entitled "Ramshorn Third Floor Addition" dated June 29, 1987 by Morter Architects or as revised and approved by the Town Council with a revised date on said floor plan. 4. Existing Phase 2 floor plans as shown on Sheet No. 5 dated June 29, 1987 by Morter Architects 5. Elevations as proposed on Sheet No. 6 dated June 29, 1987 by Morter Architects 6. Building section as depicted on Sheet No. 8 dated June 29, 1987 by Morter Architects B. The development plan shall adhere to the following: Setbacks Setbacks shall be as noted on the site plan listed above. Height Heights of structures shall be as indicated on the elevations listed above but -2- ` in no case shall exceed 42 feet on any part of the site. Coverage Site coverage shall be as indicated on the site plan listed above. Landscaping The area of the site to be landscaped shall be as indicated on the final landscape plan approved by Design Review Board and on file in the Community Development Department. Parking Parking shall be provided as indicated on the site plan, but in no case shall the site have the ability to park less than 41 automobiles. Section 5. Density SDD 17 shall not contain more than 22 accommodation units representing 7,529 square feet of gross residential floor area (GRFA) and 10 dwelling units representing 9,521 square feet of GRFA. The site shall have a maximum density of 21 units representing a total GRFA of 17,050 square feet. Section 6. Uses Permitted, conditional and accessory uses shall be as set forth in the Public Accommodation Zone District. Section 7. Use Restrictions Owners' use restrictions for all of the dwelling and accommodation units except the third floor addition as proposed and approved in July and August of 1987 shall be as set forth in the condominiumization approval granted to this property in 1984 please refer to the June 20, 1984 memorandum and attachments from Community Development Department to Planning and Environmental Commission). Said restrictions are on file in the Community Development Department. Owners' use restrictions as per Section 17.26.075 of the Town of Vail Subdivision Regulations shall apply to all of the third floor addition as proposed and approved in July and August of 1987 with the exception of 1556 square feet of Unit B located on the nertherly-SOUTHERLY end of the third floor. Thus, dwelling units A and C as well as five accommodation units (allowed to be used as bedrooms for the adjacent dwelling units) shall be restricted as far as the owners' use as per Section 17.26.075 of the Vail Subdivision Regulations. Section 8. Amendments Amendments to the approved development plan which do not change its substance may -3- ~ y be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Communit,y Development Department shall determine what constitutes a change in the substance of the development plan. Section 9. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently toward the completion of the project. If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding sub- section, the Planning and Environmental Commission shall review the special development district. They shall recommend to the Town Council that either the approval of the special development district be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 10. Conditions of Approval for Special Development District 17 1. The SDD shall encompass both Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing and Part of Parcel RH as shown on Exhibit A. Tract F-1 shall be restricted in that all density which could be realized from the rezoning to Public Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site and the site contains its maximum amount of density utilizing all parcels owned by the Ramshorn Partnership. 2. The part of the lot located on Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces, a new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. This addititonal parking shall appear on the final site plan. -4- 1 . 3. A concrete sidewalk a minimum of six feet in width, with a concrete curb separating it from the road shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant. Final design of the sidewalk shall be agreed upon before a building permit is issued and the applicant agrees to enter into a written, binding agreement at the time of building permit for the construction of said sidewalk. 4. If, in the sole opinion of the Vail Town Council there exists an inadequacy of parking on the site, notice shall be given to the condominium association. Within two weeks of said notice the association shall institute valet parking. Valet parking will be utilized from that point forward when conditions warrant (i.e. when peak parking demand is experienced). Violation of this provision will constitute a violation of the zoning on the property according to this ordinance. 5. The design of the sidewalk and landscaping and possible street lighting adjacent to the sidewalk shall be discussed at the Design Review Board level. 6. The use restrictions as described in Section 7 of this ordinance shall appear IN-aP-the condominium-ffiajq~-DECLARATIONS which 4*-ARE recorded with the Eagle County Clerk and Recorder, AND THAT THIS PROVISION OF THE DECLARATIONS SHOULD NOT BE AMENDED OR REPEALED WITHOUT THE APPROVAL OF THE TOWN COUNCIL. Section 11. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. -5- ! INTRODUCED, READ AND PASSED ON FIRST READING THIS 21st day of July , 1987, and a public hearing shall be held on this ordinance on the 21st day of July , 1987 at 7:30 p.m. in the Council Chambers of the Uail Municipal Building, Vail, Colorado. Ordered published in full this 21st day of July , 1987. Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -6- lni ?V 1 V I V Vr ~ 7/~^~JJ1f ~ ~ ~ • N 56°55'05E 24.94' S ~ N 74°14'06E , 20.60'\ / ~~'295',~F • ~ ~o 'E N 82046' 32 59.88~ /5l E--c) A L ~Y,~+-~?'~/"~t~ ' ' PARCEL RH ( PARKING LE45ED FROM V-2 4SSOCIATE5) R = 161.41 ' N81°59'0b = 29°11,45~ 11E A F06NDPIN9CAP L=82.25' 52.94 L S 2568 T= 42.04' )irvr oF CH= N 67°23'14 E, 8 I.36' _GINNING 4,,Jv ~ B ry O~ ` \9. o ~2~. ~ ~/vv/I Q 20. O - ~ G.C.E. 0 9 /f/ tD ~•~-C..GC.... O' STAIRS ~ , 69 294 , 92' i . / 0. 23• 3 LEVCL ADDITION 70 PATIO 2x 9 64- 30 O - STAIRS OECK ~ Isp, 99. 9 L.C.E N F O O L ^T 9~ - ~c 2?> O' O _ ~ DECCE 2 LEVEL BUILDiNG 1 NA G.L E O c N G) G / ia O 0 p. 0 102000. . f~ G.C.E. 30.5' ~ 90 BRASS CAP MONUMENT SCALE I"° ZO~--~n /FOUND N 28°22'E, 1.1' M1 ~ o 4.78' ~ ~ _ 9 9,p• UTILITY ESMT. ?T Bk.405 P¢ 253/- J S 82 ° 37 00 " E ~ - G.C.E UTILiTY SEM 8745' - 9 ENT ' •j, .5' \ TOTAL 12.5. m R= 175.00 DEGK W _ p= 76.°29'09E.°~_-/~ p L = 233. 61 N ' O m T= 137 92' ~ 19.1' ~ N p:= 75' 'c CH = N 46°15'28" W I~ a 216.65~ SHED I m POOlS W /-i I- ~R T v r i i~l-.C T i i- v 0-- G.GE. G.C.E. - W \ n:v> G.C.E 34.1. M N n o~ ° - mm = ~ 00 2 2 ' =-CREEK C i,OUND PIN L.S 22575 N03056'W, 2.2' ///~MAVAIL INTERLHANGE L- 36.05' i ` f( 39.85' F__] N84°30'03yy R 0 A D ( 50' ) \RgTqrf L TOWN OF VAIL , Hµ.y NO' 0 EAST MEADOW DRIVE " i NORTH FRONTAGE ROAD ~ ~ ~ ^ /y lowo of voilc ~ 75 south frontage road • vail, colorado 81657 •(303) 476-7000 office of the mayor July 30, 1987 Mr. Richard L. Gustafson Chairman Eagle County Board of Commissioners P. 0. Box 850 Eagle, Colorado 81631 RE: Regional Transportation System Dear Dick: Members of the Regional Transportation Council, which has been established administratively by the County, have received a memorandum from Lee Metcalfe dated July 27, 1987 with an attachment a summary by Beth Whittier concerning the "Eastern Eagle Valley Transportation Council". The memorandum states that the Board of County Commissioners would be willing to consider a proposal for a"trial program" for a bus system similar to the "Summit Stage". The memorandum also states, "The funding structure would have to include the towns, the metro districts, the county and appropriate private sector participants." The Vail Town Council believes that it is appropriate to consider funding of such a system only from the County since all residents of the County, whether they live within a municipality or not, pays property taxes to the County. Also, it is our understanding that the County receives in the neighborhood of $200,000 a year from the U.S. Forest Service as the County's share of revenue from ski area receipts for transportation purposes. Another new taxing district or a complicated form of contracting among numerous government and private entities does not seem to be necessary in light of these facts. Sincerely, Paul R. Johnston Mayor PRJ/RVP/bsc ~ EAG LE COUNTY r%- 551 Broadway r Eagle, Colorado 81631 y r : ' F' (303) 328 7311 , _~.M E M 0 R A N D U M . . T0: Members of the Regional Transportation Council FROM: Lee Metcalfe, County Administrator~. DATE: July 27, 1987 SUBJECT: LEGAL OPTIONS FOR ESTABLISHMENT OF A REGIONAL TRANSPORTATION SYSTEM Former County Attorney, Beth Whittier, did considerable research on the above subject and reported on that research to the "Eastern Eagle Valley Transportation Council" in June of 1984. A summary of her research is attached. I believe the Board oP County Commissioners would be willing to consider a proposal for a"trial program" for a bus system similar to the "Summit Stage." The funding structure would have to incIude the towns, the metro districts, the County and appropriate private sector participants. My recommendation to the Commissioners would be to earmark a portion of our sales tax revenues for this program. • Since the local taxing entities are about to enter their budget preparation cycles, we need to get the financial aspects of this proposal defined quickly. LM/lw Enclosures cc: Board of Commissioners Jerry Jones, Vail Associates Board of County Commissioners Assessor Clerk and Recorder P.O. Box 850 P.O. Box 449 P.O. Box 537 Sheriff Treasurer Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, ~Co orado 81631 Eagle, ~olo ado 81631 _ . ~ F) LEGAL OPTIONS FOR ESTABLISHMENT OF A REGIONAL TRAr1SPORTATION SYSTEM In a memorandum from the Fagle County Attorney to the Transportation Council, the legal options for the establishment of a regional transportation system was discussed. This memorandum discussed two methods for providing a regional transportation system: intergovernmental agreements and regional service authorities. Of the two methods discussed, it appears that the intergovernmental agreements are the only method available to the County at this time in that a regional service authority needs to include all of the territory of at least two counties. There is, however, the possibility that the legislation could be changed in upcoming years to allow a regional service authority to exist in one or portions of one County. We have, therefore, included it in this discussion. Intergovernraental agreements are the method used in both Pitkin County and Summit County. XZV, eerCcroovelornradmoeptal 18, Article subdivisions of the State to cooperate orZCOntractlwith one another to provide any function, se rvice or facility lawfully authorized to each. This constitutional provision is further implemented in the Intergovernmental Relationships Act at Section 29-1-201, et seq., C.R.S. Section 29-1-203(1), C.R.S., specifical y~ provides, in part : "Governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. o14 "Governments" are defined in Section 29-1-202(1), C.R.S., to include any political subdivision of the state, agencies, or departments of state government, or the United States and; any political subdivision of an adjoining state. "Political subdivisions" are, in turn, defined to include counties, cities, towns, service authorities, school districts, local improvement districts, law enforcement authorities, all types of special districts, and any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law. The establishment of a regional transportation system under the above statuto ry framework would involve an intergovernmental agreement between political subdivisions respectively empowered to p rovide transportation se rvices. Counr_ies are authorized by -virtue of Section 30-11-101(1)(f), C.R.S., to develop, maintain and operate mass transportation systems, either individually or jointly with any government or political subdivision. Likewise, towns are authorized bv virtue of Section 31-15-7.11(1)(g), C.p,.S.,.and in.all likelihood their respective home rule charters, to_develop, maintain, and.operate mass transportation systems, ei.ther individually or jointly with any government, county, or other political subdivision. W1tI7 respect to special districts, the following discussion only addresses the powers of inetropolitan districts since all of the special districts under consideration are metropolitan districts with the eYCeption of the Edwards Water District which is p resently in the process of converting to the Edwards Metropolitan District. Section 32-1-1004(5), C.R.S., of the Special District Act provides that a metropolitan district has the power to establish, maintain and operate a system to transport the public by bus, rail, or any other means of conveyance, or any combination thereof, and nay contract pursuant to an intergovernmental agree~aent. A metropolitan district cannot on its own ` establish such a transportation system in a county, city or any other political subdivision which is actually operating a transportation system except pursuant to such an intergovernmental agreement. If the raetropolitan o15 district was not originally organized as having the power to provide transportation services, the district cannot e;;ercise such power until the same is app roved by the district court in accordance with the statutory y procedures for initial organization of a special district, and unless authorized, at a regular or special election, by a majority_of the electors of the district voting on the question of whether the district should exercise such transportation poever. Reoional Service Authorities. Section 17, Article XIV, of the Colorado Constitution authorizes the general assembly to provide by statute for the organization, structure, functions, services, facilities, and poiaers of service authorities pursuant to certain constitutional requirements including: 1) a service authority may be formed only upon the approval of a majority of the qualified electors voting thereon in the territory to be included and 2) - the territory within a service auttiority may . include all or part.of one countv. or home rule county or all or part of two or caore _ adjoining counties or home rule counties, but shall not include only a part of any city and county, hor.te _rule city or town, or statutory city or town at the time of formation of the service authority. The Colorado Constit.ution further provides that a service authority shall be a body corporate and a political subdivision of the state, and raay contract with any other political subdivision to provide or receive any fiinction, service, or facility designated by statute; but a service authority shall not be invested with any taxing pocaer as a consequence of such contract. The Service Authority Act of 1972, Section 32-7-I01, et seq., C„R,5,, implements the the aforesaiT constitutional provision. Theolegislative policies for the enactment of the Act can be found in Section 32-7-102, C.F,.S., which provides, in pertinent part : o16 "It is further declared to be the policy of the State of Colorado to encourage the utilization of si_ngle service authorities to provide those functions, services, and facilities which transcend local government boundaries, thus reducing the duplication, proliferation, and f_ragmentation of local government. To these ends, this article shall be liberally construed." As a brief general overview, the for-mation of a service authority is initiated by a petition signed by a specified percentage of qualified electors of the proposed service authority, or by resolution adopted by a majority of the governing bodies of the counties and municipalities having territory within the Uoundries of the proposed service authority. The petition or _ resolution is filed with the district court and, subsequent to a hearing on the sufficiency of such petition or resolution, the court will appoint an organizational committee and election committee. The purposes of the organizational committee include the deterr.?ination of the maximum ad valorem mill lew (other than for debt purposes)..=nec.es.sary_to .support each designated se rvice oF the proposed sPrvice authority upon its forr,iation; the division -of the service authority into compact districts of approximately equal population; and the scheduling of a date for the election for forciati_on of the service authority. The election is held in accordance with strict procedures, and for the purpose of deciding whether a service authority is to be forr.ied, to provide an opportunity for the voters to approve the services and maximum ad valorem mill levy of the service authority, and to elect the board of directors of the se rvice authority: A service authorit_y may provide services on a concurrent or e:cclusive basis, subject to voter approval. Concurrent basis means that a se rvice may be provided by a service authority but the adainistration of such service..shall not preclude counties, municipalities or special districts from providing the sacae or similar service. Exclusive basis means that the service authority shall have the sole governmental responsibility 0 17 , . , and authority for the provision of such service within its boundaries; and counties, municipalities and special disrricts are prohibited from providing such service within the boundaries of the service authority. A service authority is empowered, by way of example only, to sue and be sued; to enter into contracts and to contract with private persons, associations or corporations for the provision of any service within or without its boundaries; to borrow money and incur indebtedness; to issue general obligation or revenue bonds; to exercise the power of eminent domain; to levy and collect ad valorem taxes; to fix and collect rates, fees, tolls, and other service charges pertaining to the se rvices of the service authority; to levy and collect special assessments; to plan for the territory within the se rvice authority, including the review of all comprehensive plans of local governments within the boundaries of the service authority; and to establish special taxing districts and local improvements districts. A service authority may be formed ro include provision for public surface transportation. In addition to the general powers of service authorities, a service authority providino public stir.face transportation shall have any additional special nowers as provided in the Regional Transportation District Act, Section 32-9-101-et sea., C.R.S. However, such a service authority shall be li ited for the transportation service to a general ad valorera property tax levy not to exceed one-half mill on each dollar of valuation for assessment each year. The najor stumbling block to the fornation of an Eagle County Regional Transportation Service Authority is the territorial requirements enacted bv the Legislature. thation 32-7-104, C..R.S,, provides, in pertinent part, a service authority shall include all of the territorv of at least two counties-- _and may include such additional entire counties as ma_y be proposed, if any county has some contiguity with another county 18 within the service authoritv and does not result in the forrsation oF an enclave (Emphasis added) and further: It . no coiinty may Ue divided upon forrnation of service authority or thereafter excent in the case of a municipality having territor_y in tioo counties which are not within the same service authority, either proposed or formed, in whicti event the municipality may be included in either of two service authorities without regard to count;r boundary lines. . . " As noted previotisly, the Colorado Constitution provides that a.11 or part of one count_y may he included within a service authority, which language appears inconsistent with its statutory counterpart. The tindersigned has been unable to find a Colorado appellate court decision which has directly addressed this inconsistency, or the issue of wtiether a service authority could be established within a portion of onlv one countv. I have discussed this issue with a number of attorneys who have been involved in the formation of special districts and service authorities, and their majority opinion is that strict statutory construction requires an interpretation that at least two counties be included within the boundaries of a proposed service authority. If the Council desires to pursue investihating the availability of this option, Iwould suggest that a fornal Attorney General's opinion be requested. o- 19 rEMo TO: Honorable Mayor and Town Council FROM: William D. James, Town Manager SUBJECT: T.V. Translator System Summary of Attached Report ~ ' The estimated capital cost of a translator system is between $152,500 and $246,600; annual operating cost from $65,466 to $69,258. We believe we can provide a financing package that will establish a charge of no more than $2.00 per home equiva- lent. We also believe that we could raise significant dollars from the private sector to help pay for capital costs and initial engineering. This report will be made available to the Metro Districts at their August meetings. The question before the Town is whether or not the Town shall be the lead agency. linder our proposal, we have reviewed how the area from Vail to Wolcott can be served by agreement with the various Districts and Towns in this area. We are not recom- mending that the County be the lead agency, because of the com- plexity of serving all of Eagle County and the assessment of a mill levy. We appreciate the Council's support, and look forward to working with you on this project. Upon appropriate action by all agencies, we will develop a detailed budget for costs and funding for approval. ACTION REQUESTED: Direct the Town Manager to proceed with the development of an Upper Eagle Valley T.V. Translatoz System. WJ/brj 7/24/87 ~ • Code: TOA VOL 2P F+: TU071387 Town nf Avan July 25, 1987 From: CaZ Thomas, Hl Connell This repGrt summarizes a reLommended approach Lo provide television translator service to the Town of Avon. Purpose: The ir,tent and pt:rposa of this reoort is to examd:-,e television translators as a meaf-is of providing low-cost broadc ist tel e•: i si on to the resi dents and property owners of tFie -town of Avon ar-sd its surraunding residents. Baal s: To receive, at the mos'L ecanorr,icrl ccsst, a fuli spectr-um of t,roadcast tel evi si an char:nel s i n the Towr: of Avon. F'r-ovi de ecc3norrii caI tei evi si on transl ator servi ce ta as as many people and trouseho;ds in the UpRer cagie Ualley as possible. io link- the sy=ten with ather technaioaicai advartcements i r tel ECGffilfiuni cati on wh-Lct-i incca=es szrvi ces and decrcase user operating crs'Ls. C:;is-Lirsg Trars=_-Intc.;r S-ysteme F'resent I y, in the Upper Eagi eVal 3 zy, tel evi si or: tr-_ansi ator si gna. s are di stri buted thrc:ugh a twc chanr:el systerri. The cerrimuni ti es i n trie llpper Eagi e'JG1 1 ey servect by trans? ator uper ctors are F:ed C1 iff and i!i nturrs. The cC,s t- af Cioerat -Lilg ''he transl2tur systems i=. PavCd for 'jy viewers making valuntary cont:'lt'1ltLiGns payed to trie sponsor i ng mur: i c ipal guvernmznt. Fcr e;; ampI e, Red CI i f f vi ewers contr-; bute $5 per month f ar 2-chanr el transl ator servi ce. Li mi ted sucLess has been achi EvEd i n expancl; r:g thE szrvi ces or- sec vlkce area si nce 'Lhe syste:n :yas f i r=t turr:ed an ,25 year s ago. The vol untary coritr i tuti on methcd oT f Undi ng oFerati or:s and mai ntenar:ce co=ts has caused the =.y=.tem tc, be ts :i.ls unpr edictatile and unG+epandable. ;:eg irnai: at pre=.ent, ti Ere ar-e 22 cauntie= and 18 towns on t!~e we5terr, =iape cpzr atii:g trancEiatcr television s`f~.tei3~ : i-Jltrf PLibi:C TL:iids. ?'deed : The concept of tel evi si or. bei r,g avGi lab 1Et at 1ow co=t as apart of the communi ty and eco^omi cdeve3 opment prograsn i s 1 =upported by Cor,gressman, Ben PJighthorse Carnpbell, who wrote i n a recent 1 etter ,"i t has become obvi ous that outdated (uneconornical) communication doesn't link well with the conceat of attracting 21st-century bu=iness and opportunitizs to our communi ti es. " Kathy Hopkins, coordir;ator =or public teievisiors, District 10 Regional Planning Ceatmission saici, "Television servi ces are vi taI io 47estern Col rrada r-e=i dents as an importar.t source of neaas, informatiar: and entErtainrrient. Add:tionally,. as r,ore peap2e ajitt-, urt+an living experience relocate to Western Colorada....... and as 4:estern Slope communities 5egin more strenuously tc? market themselves as reti re:r,er:t rneccas, the amerii ti es of 1 i f e, i. e. , good TV ser-vice assurrie even nreater irnportance, both to rcewcomers an1 to traditional population5." Tu Avon specitica?ly, translators can provicle television servi ce to areas not now served by cabl e, and aii 1 I not t,e for sometime to come. For the undevel aped areas, brc,adcast tei evi si on pr-avi des an i mportant i ncenti ve ta futur-e growth. 5tatutary authcrization: The St~.t-e oT CGiJradJ aut`orize=: 1. Ti;e Tow:n a:- Avesn may acQui-ra, sei 3, own, exc`:anqe and operate a tel evi si on r-ei ay af-id trarssl ator Taci 1 i-ty and e_xpe~~ funds for such pu: poses. :CnS : 9-: -201 ) .2. Tt-;e Town Avor; rr?ay r-eceive funds from private and pi:biic =aurces =cr thE corsstruction and. opeFation of televi si en tr an=_.rnt ssio,-1 ar:d :e? 3; LcoEiter faCiiities. (C:=?S 2Q-7-105) Pdo tax 1 evy Tc,r tel evi si on rel ay er transl atc+r facilities are within the Iimitations prescribed fc,r _ a town. tCFiS 29-7-146? ThY Federa'L Government encrur-ayes `G'17rlS and distr-icts -to create ar:ci cperate tel e`l3 Si OTi tY-ar'i5ldtGY" systems: 1. The FCC doe, nc3t feCUire politicai or governmental agencie= to pay the $=7513 filirzg fee -For each transIator licans~ ~pplication as reyuired fcr FFivate orga:aizations. - .2. The 7epar-tment of CoTmerce provides agrant of 75i: to 25% matchi ng funds far the di stri t,uti or: of Publ i c Broadcasting Television Lo politiLa3 ar governmental ~ . ~ , • agencies as it does to pr;vate organizatians. Opti on 1 : Translator location: PeIly3che Ridge Si gnal Source: Barf i el d Courity Tran=:. atars at CilE'iswGGd Springs (Suniight PeCk) Signals Available: 2,4,6,7,9 Denver Coverage Area: Avon, Edwards, Lake Crcek, Eagl e Vai 1, Ar-rowhead, and bEr-ry Creek Tr-anslators needecl: 5 Engineering and Equipment: s1e8,48U.00 Operating Cost: $52,278.00# Esti mated Fievenue: @$2/HE: Ai0 $97, 683. 0U @$3lHElfi'1O $146,525.00 E:; i st i ng Haitsehc3l ds: 4070 +(=_.ee pg 18) Nates: Translator s:Le Iease costs at Be.lyGci:= Ridge wi11 vary accoriir:g to BL:'f as_r fees. BLM is ccrsider ing a 5ienificant : ncrea=e i r, si te 3 easa f ees. nevEnues base uGc,r: user =ee or equi va' ent mi ? i : evy. Doe= not i ncl ude Eayl ° Ftil ver Mobi i e Heme F'ar4:: and BeaVer Cit~ek. *Dces not i ncl ude mai ntenance cost, not avai I ab2 e at tf'fi5 tif7ie. dp'tlOll 2: Translator Location: Bowicf Junctian Signal Saurce: WTCI common carrier- microwavE from Sunlight F'eak at G,enwoad Springs. Signals Available: 2,4,6,7,9 Denver Crveraga Ar-ea: 5arr,e as Cpt1Gt'. i anG ?r:cludes "1ir,turn and Vai 1, e;;ci udes East Vai l. ?ranslatcirs Needed: 5 Iristallation Costs: $246,600.00 Dperating and Mainaterice Costs: $69,2258. 00* Estirnated Reveniie: @$2lHElMO $257,165.00 Existiny Househalds: 10,725.2-31 Notes: i h; ssi te opt i csn i s dependenf ors the techni cal capability of receiving a rnicro-Niave signal from Sunlight peak. The lease site at Dowd Junctic,n is on priwate property and not subject to rate cF-1anges fr-om Federai agencies, on,y f rom the 1 andowner . fli 1 ows W1i nturn ' s e>: i sti ng I i cersses ta be used to cover shadow area. ir:creased equiprrient cost for trans3atc,rs ta cover shadow areas. *pperatinq Cos} ir:crease dt;e to micro-wave charges A,terrative Micrawave ma, be avai,at~z from prcposed w:est slope regionai CuverriTtent sysLem. Option L. Tr-ar;si atcr Locata o.^.: Dawc 'Juncti csn Si gnal Source: NETLIPdf:, a satel i i te c]. ri]Li;IC.~' recEi vi ng 5t'3ti0is .rsr EC;Lii`lalEff't. Si-gnai5 ri-vailzbie: =r,6l7,9,:s1 a:ics' k.SF'N (e;spersl'Jai1) Ccsver-age Ar-ea: Same as c,ption ? Translators Needed: 5 Ir.sta-liation Costs: ,5UCf.~~%~ t]perct i rtg and i`'fai ntenance Casts: $65, 466+ 5ate's 3 i te r'rograminy service Esti-rr~ated F:nruai Revenue: $257, ib5. 0d cx i sL; rsa Hclusehcil ds: Same as rpti un 22 PJote: hdETLIN}: does nct presently provide service tU translatrr system, roatter is ur,der FCC review. 4 Revenue Options: The systesn may be funcied by one er a combir:ation of the follotying sources. a. 5er-ai ce Fees b. Ni 1 i Levy c. User Fees d. Grants and Aid Paotes: Further study i s necessary tc, determina the equi ta5i 1 i ty of mill ievy assessment. Study i s nECessary to determi ne bi 1? i ng ar,d col Zecti ng of user fees. Servi ce f ees are avai 1 abl e*rc3m the sal e of 30 sec per hour adver-ti si rig spc3ts per channel. Gr-an ts fr-orr the Federal gJvElrnmEnL are avai i_abl e at r.-,atchi:-,g rate of 75% feder2l-25'/. iecaZ. ` Fina:~cial aid traa~y be ~xvailab~e -~rom pr-va~e ard CGirpAratC Tl7l.lrlllctt3l7f3S. Opti-ar: 1 Fur,ding h2-cerr,atives: E?3sn incCimelyeat-: (14l~,51?5) {97 i6E9=:) f42,8411 (24;1'r2C1) 1st yeari -$74,t-J-_l -$1'73%,V7T --F 191 ??1 6 --i'L i6,Ly.j7 2nd year -$9 -$97, bb9 -$195, 31553 -$244, 1951 .:ti3rd ye3tr +$94,: 38 264 198, 790 4th year +$158,485 -z-6,259 Jt h yeaY +$282,1, 732 +$38, 546 Assume: Annual ?parationlmaintaince:$52,?79 Hauseho? d eyuivaieTits: 4,070. 154 Uoes not shcw interest on debt Daes not show increased cast of operations Doas not show i ncrea=e i n Househol d equi vai ents: F;ss;ar:es 2`0% conti nger:c-y on equi pr:ent and i nsta1 3at i cn cost s. ~ J Interiu:n Pudget: The f o3 1 owi ng areas may requi re i n E:i nd or budgetary expenditure Frior to availability of revenues. 1. Engineering Reszarcner 3. Administrativz 4. Legal Orgar.izational 5tructure: Intergovernrnental Aereerr:ents w3i t`t TC]A as Lead Ageracy TOA being the applicant for the 5 translatar licenses it i s neccesary fc:r TOa to be tt-,e i Ead agency because 1 i censes cannrt be transferred for- aminimum of one year. Intergovernmentai Coritr-ac-tual Agreerr:er:t5: Woui d tre uni forim contractual agreement aai th 10 year 3 i fz, renewal or cancel 1 ati on every ten years. Gr-ants: Federai grant prograrri requires a ter, year commitment in arder ta receiva funeing. !::Liudget: Artnuai and discretionary, budyetary a? locatior: may `e evaluated annuaily upar: consu3tation viith r:eTzte: jurisdiction. Rcvenues: ta:; szir,ported, ei }her thfu f-ini 1 i i evy c,r user fees ar,d ssr-vicz cantribui:ons- Adsnini stratic3n: " 1. The CrEJdtiG:-i and aperativrs of the trarislator svstem i s under the di recti on and rzsponsi bi i i ty of the Tewn of Avon as appiicar?-t for trse trans3ator- licenses. 2. The rdminiLstration of the aper-ation of tl-fe system is part of the admi ni str ati ve servi ces of the Towr, of Avon ef its desi-gnated agent. The direct ad,-ninistr3tion of the systerrs wc,!eld ba under- amar,ager repcrtir:g to the Tawrt P7anacer of Avrn. Manager I'iu'Lies and Respastsibilities: 1. ResFond to ai I vissi ncss ca= 1 s cnc comol ai nLs. rlaa ntai ~ al 1 tel evi si er~ reLepti o-, rr~d c+i sLr; bu~i on equipmert. (Technical work couid be dcne vy cos:tract with pra:essional iechnician.) 6 Coll~ct, d~st~ur=e at d provide accaunting owersight r'cr all reventses. 4. Review and recemrnend service leveis and equipment. 5. Review and recoi-nmend request for service. _ b. Frc,vide for public in$ormation distributior:. Time Line: Phase I: 10:,0/88: 5 Channzl Translators 5ystem operating Phase -2: Determi ne recepti on shadaw areas Phase 3: Carrect shadow r-eceptien ar-eas, dependznt upon revenue opti on und avai 1 abl e of add-Lti cnal transI ator licenses. Phase 4: Increase Channel s as avai I abl e f rorr: sa-tel l i te or microwave system as revenuc permit, inc?uding a Iacal argi nati on chanr?ei. Phase 5: Reduce r-a-Les er F'hase b: Provi Ge add= ti csi-ial servi cES a3hi ch ati i i provi de 1revCf fue=^ L':h1 CI i LlJtlld dCLrEc(SE' uSelr f°E Cs',r 171 1 1 t evy. ie. satellitc uplin.: anc ;:,r-oductiors faciiities. Nate: Each phase i s based upon the f i ndi ngs cf engineerir:g studies ta be comp?eted by apprapriate eryineer. Ccrrespcndence: LettErs: Car:gressrrzarc icers Nighthorse Ca+r,pbej 1 RE: TV Transl ctor-s Economi c Devei uprr3ent D3s'Lrict 10 Regional Planning Office: Kathy Hopt-ins RE: West S1 ape Transl ator Te3 evi sion, Ecencmi c Devel opmer-,t Satellite Receiving systerns: Jim i-?eriot RE: Vr:viability of NCLl1(lk Ciot~n-tair: Top Cc:mrr:unications, IPdC. fiE: Lease Fiate Hel 1yache Ri dge ijlestern TE1 e-Ccssr,mun 2 Cc't 1 GR , I nc RE: h1i crowave Servi ces and Rates Eagi e Si te Company, IP1C. F:E: Lease F:ates Lo~~ Junction 7 Letter from Law Office to Frank Thomc.s RE: Ccinf i rmati on c,f 30 sec aaverti si ng saots F:WGM-TV Denver k:CNC-TV Denver k:Fil"1F;-T'J Denver F:MGH-TV Denver RE: Le-tters of si gnal retransmi ssi on authori zati on Gar-field County: Otfice of r?dm.,inistration REe Letter of signal retransmis=icn ai?thorization Frvfessional Antenna,. Transmi tter & Trar,slator Service RE: Inventory of West Siope Transmitter anc# iWicrowave Service Stevc C. A1 1yn, P1nntrcase Letter of TV TransZ ator vs Cabl e TV serv-ice C-i stri ct 14 Regi onal P1 anni ng Comrni ssi on: k'athy Nopkins REe Response to need fc3r Trar,siator TV on West S,ope ED tdote: 8 8EN NIGHTHORSE CAMPBELL nust artr ro: ]D OISTRtCT. COIOMDO O WASMINGTON paKe 173, loNGwoAnH 800.DmG WASWNGTON. DC 20915 COMbttREES: 1202) 225-6701 r . Con OISTRICT Oii1Ct5: gre~~ of t~je 'rtiteb 6tat~~ AGRICULTURE INTERIOR ANO INSULAR AFFAIRS ? 720 N. MAIN ST, SMALL BUSINESS 31DU2;E Of AEprP.4EtttatlbP~ SUiTE 400 ruEeLo. co 81003 p" e4s-fe71 . ~iag~jingtDn, 20515 " o 973 E SECOND AVE SUrtE tOS OUMNGO. CO S 1 301 (3071 247-1300 - ? 115 'N. STM STIIFR SUfTE 520 FOR IMMEDIATE RELEASE May 26, 1987 Giuwo JuNCnON, co e 1501 CONTACT: Carol K111CPub, 202-225-4761 007) 242-2400 (Dear Editor: The following message from U.S. Rep. Ben Nighthorse Campbell was delivered to attendees of the conference in Montrose Wednesday, May 27, "Western Colorado Television: '>Improving the Picture." You may wish to use it as an op-ed piece on your editorial page or.to include Congressman Campbell's views in your coverage of communications, particularly television, on the Western Slope.) COMMLJNICATION: CRUCIAL TO WESTERN COLORADO'S FUTURE By U.S. Rep. Ben Nighthorse Campbell Much of Western Colorado's charm springs from the majestic peaks of unparalleled beauty that surround the area. The other side of the coin, however, is that the mountain ranges that crisscross the Third Congressional District make travel in the area difficult and wreak havoc with systems of communication. The conference today, "Western Colorado Television: Improving the Picture," gives overdue regional attention to a problem that affects all residents of Western Colorado. The coordinating sponsors, District 10 Regional Planning Commission, Montezuma/Dolores County Metropolitan Recreation District and the Ouray-Delta-Montrose Board of Television Commissioners, should be congratulated. For it has become obvious that outdated communication doesn't link well with the concept of attracting 21st-century businesses and opportunities to our communities. A zecent article in the Denver Post noted a trend that modern manufacturing companies are seeking rural communities in which to relocate. They want a good labor force and a pleasant climate both of which we can provide in Western Colorado. But without the convenience of transportation, to move raw materials and finished products, and effective communication making it easier to keep in touch with the rest of the world, these job- - providing companies could become disenchanted or disinterested. ~ ~ Much has been made of Western Colorado's potential as a r-. JMMUNICATION: Page 2 . haven for retirees and the babyboomers are less than 20 years away from that benchmark. But retirees want ready access to the ~ vast world of television, a"luxury" they've become accustomed to in metropolitan areas. Tourists, too, want to be able to keep in touch as they seek rest and recreation. . The picture of television with over-the-air reception, undependable translator systems, cable companies and the growing satellite-dish industry is out of focus in Western Colorado. But a conference such as this, which covers the whole dial of interests, can do a lot to provide the direction we need to take. Is fine tuning enough or should we make more dramatic adjustments? I pledge to help in whatever course is chosen. --30-- ~ . ~ Colorado r ` Vl1W[t /0 K?9!O/1Sl /VIQR/llR9 8D/1l/f!1*l1/0R Serviny lht Lua/ Govtrnmtnto/ Units within tht Counlits ol De/ta, Gunnison, Hinsdo/r, Montrost, Ouroy, ond SoR Migutl • April 28, 1987 WESTERN COLORADO TELEVISION: IMPROVING THE PICTURE May 27-28, 1987, Montrose, Colorado Dear Friend, Enclosed herewith are the materials - Registration Form, Program Agenda, List of Invited Participants, and information on Motels and Transportation Services - for your use in attending the two-day con- ference referred to above. This seminar has been organized to bring together television signal originators and distributors with television consumer repre- sentatives on the Western Slope of Colorado, in an effort to coopera- tively elarify the issues involved in improving the general availability of TV signals in the region. Television services are vital to Western Colorado residents as an important source of news, information and entertainment. Additionally, as more people with urban living experiences relocate to Western Colo- rado for its unique beauty and relaxed lifestyles, and as Western Slope communities begin more strenuously to market themselves as retire- ment meccas, the amenities of life, i.e., good TV service, assume even greater importance, both to newcomers and to traditional populations. The effort to access and distribute TV signals in Western Colorado has traditionally been undertaken by small groups, private individuals or, more recently, by local governmental entities. These efforts have provided television coverage to some areas, while others still suffer with little coverage or poor quality_signals. - The seminar's purposes are to assess the challenges and review the possibilities, so that all participants may benefit from a better understanding of the work ahead. We sincerely hope you can attend WESTERN COLORADO TELEVISION; IMPROVING THE PICTURE. If there are others who you feel could add their'expertise, please feel free to share this information with them.. And please contact S.R. "Stan" Broome or myself at District 10 if you desire further information. Sincerely, i ~ Kathy Hopkins, CoordinatOr Public Television Project District 10 Regional Encl. Planning Commission 301-B North Cascade • Drawer 849 0 Montrose, Colorado 81402 • Phone 249-2436 SATELLITE RECEIVING SYSTEMS SALES k SERVICE OF AUDiO a VISUAL COMPONENT$ r BOX 4.400 WATER i REOCLIFF. CO 81 649 ~ 303 827-SB41 June 25, 1987 Dear Mr. Connell, as per our phone conversation, I contacted Netlink in regards to an LPTV system for Avon, using their six channels available on Satcom F1. Ug to two weeks ago, they were able to supply signals if those signals were in turn "encrypted" (or moved to off band UHF) on retransmission to insure protection under the copyright laws. Further legal examination nas caused them to'temporarily suspend this servicewhile the laws are being studied in congress. Depending on now your franchise c,Tith He-ritage is worded, Avon might have frequency space on the existing cabie structure; it would bea simple matter, in most cases, to tie in your own signals. . In any case, I suggest satellite reception over micro- wave, as it is less costly and of much higher quality. Total equipment costs should be less than $30,000 for an LPTV system broadcasting the six (Denver 4,6,7,9, & 31, and Aspen/Vail channel 2) Netlink programs. Of course, the widest choice of programming is already 'available to TVRO owners, and Netlinks annual fee of $79.50 for private users compares favorably with the $72.00 one pays in Red Cliff for two stations of questionable quality and frequent interruption. If I ean be of any help with your project, please let ) me know, • Jim Heriot MOIJIYTAIN 'POP CONiMUIYICATIOIYS, IIYC. ~ Edwards Business Center #C7 303/9263099 P.O.Box 596 Edwards, Colorado 81632 Juiy 14, 1987 . `Mr. A1 Connell Town of Avon , P. 0. Box 975 Avon, CO 81620 Dear A1: In regard to our previous conversations, please find the information on pricing for the Bellyache Ridge electronics site below. Based on your space needs for five (5) translators, each requiring 48" of rack space, and five (5) Scola PR450-U antennas, the rent will be no more than $510.00 per month. This amount may be reduced, if the equipment can be combined to use less space. in addition, the BLM requires a yearly fee. For most customers the ~ fee normally runs $200.00 a year. If there is any other information you need, please let me know. Sincerely, Chuck Kimball • CK/sbj ~ . WESTERN TELE-COMMUNICATIONS, INC. PARK PIACE • 5690 DTC BOUIEVARD • SUITE 500 " ENGLEwOOD. COLORA00 BO'I 'I 't (303)796-9'I 00 July 15, 1987 . Mr. A1 Connello Avon Town Council P.O. Box 975 Avon, Colorado 81620 Mr. Cal Thomas P.O. Box 1362 - Vail, Colorado 81658 Dear Sirs: In response to the request by Mr. Cal Thomas, I have attached a copy of the rate page from our FCC tariff applicable to video mi- crowave service delivery in your area by Western Tele-Communica- tions, Inc. (WTCI). The areas we discussed are Avon, Minturn, Eagle, Berry Creek, Ed- wards, East Vail, and Eagle County in general. The applicable rate section is Mountain Division Zone 4._ The number of homes will be based upon the 1980 census population data for the loca- tions within your translator or other system service coverage area, divided by a factor of 3.5 persons per home, to determine - the number_ of homes. As an example, if the population in your service area was 12,500 persons, the number of homes would be 3,571, and the monthly rate for the five Denver channels would be $4,263.90/month ($3,750 for first 3,000 homes plus $.90 each for 571 additional homes = . $3,750 + a513.90). a As we discussed yesterday, microwave service requires path planning, frequency coordination, and system engineering efforts to determine feasibility of providing service to your proposed translator location. This is necessary for WTCI to determine any special construction charges and one-time construction charges - applicable to providing service. We require a payment of $1,500 to cover the cost of this engineering for each site location you propose. 1 of 2 PO BOX 41 17 ENGLEWOOD. COLORADO B0155 This payment will be credited towards the total one-time con- struction charge at such time as service is provided. If seve- ral translator site locations are. engineered, only one $1,500 payment will be credited if service is ordered to only one of these engineered locations. - It is important to caution you that WTCI may desire to discon- tinue at a future time our video distribution services using ter- restrial microwave radio systems.. Our costs for maintenance and operation of the transmission systems have increased substantial- ly since start-up of these services. In a,ddition, a satellite distribution service is in operation which provides similar video channel services to various customers. Due to these and other factors, it may not be economical for us and our customers to continue to use our terrestrial microwave network. If you desire a firm quotation for service to a specific loca- tion, please provide us with a letter along with an attached check for '51,500. This letter must also identify 1) the channels required..2) a technical person point of contaet, 3) the techni- cal characteristics and 4) the service coverage of your transla- tor and/or other system equipment. Please attach a list of the system(s) cities and unincorporated areas serviced by your sys- tem(s) with population based upon the 1980 census. Please call Mr. Jim Carlson'or me directly if you require addi- tional information. Regards, WBSTBRN THLB-COMMIINICATIONS, INC. Gar MeC Marketing, Systems Bngineer GM/sb ~ 2 of 2 .1:OL^•ITAI:1 ;4ICROWAVE CORFORTATIOt7 TARIFF FCC PiO. 15 Original page 10 r- ~ POIi1T-TO-rO?iiT AtICROtdAVE RADI7 SE~'iVICE C. RATES FOR SEP7ICE AidD OTEIE.°, CHARGES (cont. ) N 2. Cc;aputation of rstes for five (Qt-r 5) Denver char.ne?s I • ( i Great Plains Division i , Zone I . Zone II ; No. of Rate per Cuami. No. of Rate per Curmn. ~ Pct. Homes. Home Rate Pot. Homes Home Rzte ! 0-.1,000 (min: rate) $1,100/ 0- 1,000 (min. rate)- $1,222 1,000- 3,500 $0.75 2,975 1,000- 3,500 - $0.75 3,097'- ; 3,500- 7,500 0.37 4,455 3,500-over 0.25 i 7,500-over 0.01 ! Mountain Division ~ . ~ Zone I Zone II ' i ` Vo, of Rate per Ciumm. No. of Rate per . Cumm. ~ Pot. Homes Home Rate Pot. Homes Home . Rate ~=r . . 0- 1,500 (min. rate) $ 956 ' o- 1,500 (min. rate)• $1,500 ~ 1,500-.4,440 $0.10 1,250 1,500- 3,000 $0.75 - 2,625 ^ i i (mas. rate) 1,250 3,000-over 0.06 i Zone III Zone IV j • ' i 0- 1,500 (min. rate) $1,750 ~ 0- 1,500 (min. rate) $1,875.: 1,500- 4,200 $1.10 4,720 1,500- 3,000 $1.25 3,750. 4,200-over 0.20 3,000- 4,200---~, 0.90 4,830=i " • 4,200-over 0.21 ? . ~ - The preceeding rates represent rates as applicable for five (5) Denver channels.~ Rates for channels less than five (5) are a.s folloas: i i 1 channel rate is 55109 of the 5 channel rate 2'channel " 68% 3 channel " 80% 4 channel " 90% Y *This service formerly covered by the carrier's Tariff FCC Nos. 5, 9 and 10. **This service fotmerly covered by the carrier's Tariff FCC Nos. 1,4,6,7 and 11. =-7-Issued: April 29, 1976 Effective: May 30, 1976 ~ . By: Carter F. Page, President MOUNTAIy MICROWAVE CORPORATION Call Box 22595 - Wellshire Station Denver, Colorado 80222 WAJ Ami VAIL~FM 104 EAGLE SITE COMPANY, INC. Mr. Cal Thomas Dear Cal, To summerize our recent conversations regarding the use of Eagle Site Company's Upper powd Electronic Site: We will be most amenable in working with the Town regarding the installation of its translators at this site. Estimated annual site rental for this system will come to $20,'000.00. . If the system is fed by satellate, we will approve the installation of necessary receive equipment at the site, rent for this installation j is extimated at an additional $2,400.00,pes year. If the system is fed by microwave, through WTCI, annual rent will amount to about the same figure, that is, microwave receive equipment will cost about the same in annual terms as the satellite receive gear, though I would have to evaluate the wind load on the main tower if microwave is used. Eagle Site co. can provide installation of your TRANSMISSION . system for an estimated $5000.00. ank you for your interest in the Upper powd Site. ~ pmeier Site Vanager 7/12/87 ~ . 2271 North Frontage Rd. W.. Vail, Colorado 81657. 303/476-KVMT T0WN OF AVON TRAr1SLATOR COSTS Prices fron Television Technology, Inc., Englewood, C0. via - j Bill Sepmeier of F,agle Site Co. Five channel UHF system, 100 watt transmitter power outpur, with modulators. 872500. SCALA SL-8 antenna system vr/rombiners 113000 Antenna transmission line 29000 Hardware costs 1002500 Satellite receiver system . 15,000 Installation, satellite system 23500 ; 0 r.nW orricES . MULLIN. RIiYNE. E1IIDIONS AND TOPICL PROFESSIONAL COHPORATIUN 1000 CONNECTICVT AVENUE • BVITE 500 IVASIIINGTUN. D. C. 20038 EUGENE F. MULLIN B. SHELBY BAETZ SIDNEY WHITE RHYNE • l./1WRENCE ROBERTS NATHANIEL F. EMMONS AREA CODE 202 • ROBERT O. ROSENBERG HOWARO A. TOPEL HOWARD M. WEISS 659-4700 J. PARKER CONNOR OF COUNBEL November 15, 1984 Mr. Frank Thomas 2515 E'ast Thomas Road #16-661 'Phoenix, AZ 85016 . Dear Mr. Thomas: Pursuant to our telephone conversation today, this will confirm that Section 74.731(f) of the FCC's rules permits a television broadcast translator station to originate up to 30 : seconds per hour of local PSAs, commercial advertising mes- sages, or emergency announcements. With respect to commercial messages, however, the FCC ha s cautioned that the translator operator must not substitute its commercial message for a commercial message being carried•at the same time by the originating station. A copy of therule in question is enclosed for your reference. Yours truly, . . \ Nathaniel F. Emmons NFE/rmj ~ Enclosure . ~ - ~ 1 2 KWGN-N Df M'ER June 22 ~ 198~ Kont H. Gratteau 6160 So. Wabash Way Eng+neering Manager P.O. 8ox 5222 ' Engiewood Colorado 80155 303/ 740-2816 303/ 74o-2222 Mr. A1 Connell Town Councilmember Town of Avon P.O. Box 975 Avon,. CO 81620 Dear Mr. Connell: This letter will constitute our permission for the Town of Avon to rebroad- cast the signals of KWGN-TV as requested in your letter of June 17, 1987. Our consent is being granted under section 325(a) of the Federal Communi- .-cations Act. We may revoke the consent at any time, by written notice to you. In addition, our consent is granted on the conditions that WGN of Colorado, Inc. will not be liable to you for the grant or revocation of . this consent, that the translator will be operated in conformity with applicable federal, state and local laws and regulations, that the KWGN-TV signal will not be used for any purpose other than simultaneous rebroadcast by the translator without charge to any party, and that our consent may not be assigned. Third parties may hold copyright or other legal rights in the programs broadcast by KWGN-TV. Our consent to rebroadcast is not intended to cover the rights of these third parties or to authorize any use of their copy- righted programs. We do not represent to you that we have the authority to permit the translator to use these programs. Please provide us a copy of your applications for.licenses for translators which will carry the KWGN-TV signal. When the license is granted I would also like to know the assigned call letters and the dates that the trans- lators become operational. Also, please provide the name and phone number of a person to contact concerning the translators operations. You rs very turly, GLtv Kent Grat eau Engineer ng Manager ~ KG:dr , cc: John Suder Charles J. Sennet, r 1 ~ Roger Ogden President/General Manager (303) 830-6440 KCNC Television P.O. Box 5012 Denver, Colorado 80217 Mr. A1 Connell Town Councilmember P.O. Box 975 Avon, CO 81620 Dear Mr. Connell, Permission is hereby granted for the Town of Avon to rebroadcast the signal of KCNC TV in Denver to its pending translator system. The only restriction attached to this permission is that you do not add or delete programming or commercial content to or dS r our signal. i n y, ~ . oger L. Og n cc: David Layne ~ Colorado's News Channel ~ . . r- KRMA TV• Dernler 1261 Glenarm Piace, Denver, Colorado 80204-9972 (303) 892-6666 June 24, 1987 Mr. A1 Cor;nell Towa Councilmember Tohn of P_von P.C. Aox 9?5 Avon, Colorado 81620 Bear Mr. Connell: TY,is J.etter will serve as aathorizatien to the Town of Avon to rPhroadcast the televisioii signal of KRriP.-TV, Channel o, Inc., -.Denver, Cclorado, to the homes of P.von. We are delic,hted that thzsE people will have the opportunity to v'Lcw our programs. 4re wi=i be anxilous to hear from these new viewers to ascertain w?:ether we are fulfilling Lheir needs and what we can do to be of bette!- service to them.. ^ooc Iuck in this endeavor and let us know if there is anything We can do to help you. Cordially, . Donald'D. Jchnson -Pcesident and General Manager , vDJJc ~ ii'i~ KMAA-N isflicensed to 1he Denver Public Sdiools KMGH N-DENVER McGraw-Hill Broodcasting Compony, Inc. P.O.Box5007 123 Speer Boulevard Denver, Colorodo 80217 J*Laahone (303) 832-7777 T 1 June 24, 1987 Mr. A1 Connell Town Councilmember Town of Avon P. 0. Box 975 Avon, CO 81620 Dear Mr. Connell: This letter will serve as your authorization to rebroadcast KMGH-TV programming on your translator system. If I can be of more assistance, please contact me. Sincerely, . Lawrence Pozzi Director of Operations JLP/sk ~ i w r, • A CBS Affiliote . GARFIELD COUNTY Office of Administration CHARLES E. DESCHENES COUNTY COURTHOUSE County Administrator 109 8th Street Suite 300 Glenwood Springs, CO 81601-3303 Telephone : (303) 945-1377 (303) 625-5571 July 15, 1987 A1 Oc>nnell, CounciLnan Zbwn of Awn P.O. Box 971 Awn, Colorado 81620 Dear Mr. Connell: I have been talking with Mr. Cal Thomas as to the feasibility of you being able to use the oomron carrier signal from our facility at Sunlight Feak. Technically, that sounds feasible and it is O.K. with Garfield County as long as appropriate arrangements are made with our comnon carrier, Western Tele-Comnunications, Inc. Their charge to us was negotiated based on the population of our coverage area, so with the additional population of your -area they would probably require more revenue. We would prefer that you negotiate with them directly, but if that does not appear feasible, we will assist you wherever we can. If Garfield incurs any increased cost ,due to your use of the signal we wuld expect to be coripensatec3 for this. Right now, with the exception of the comrbn carrier, we do not see any significant areas of increased cost. Be aware however that the Federal Goverrunent is attempting to collect rental fees from translator sites. We . are vigorously opposing this, but may be unsuccessful. This may result in some future unknown cost. I told Mr. Thomas that I would send you a aopy of our connon carrier oontract. I have not yet located a copy, so I am sending you a copy of • the last billing from the corrIInon carrier: Hopefully, that will give you enough data to get moving. We will oontinue to search for a copy of the contract and will send it when located. - If we can be of further assistarice, please call. . Very truly yours, ~ Chuck Deschenes County Administrator CD/ss cc: BOC Gene Israel ~ PROFESSIONAL ANTENNA, TRANSMITTER ~ . Q~ & TRANSLATOR SERVICE 1910 EAST MacARTHUR • CORTEZ, COLORADO •(303) 565-1273 ~ July 18,1987 Jim Lamont and A1 Conley P.O. Box 73 Redcliff, Colorado 81649 . Re: Western Colorado Television Task Force, subcommittee meeting. Dear Jim and A1; A subcommittee was formed dur'ing the July 15th Western Colorado Television Task Force meeting, it's goal: "To provide the task force committee an assessment of the television needs of Western Colorado, to include present services and the quality thereof." You are invited to attend the first subcommittee ' meeting on Wednesday August 19, 1987 at 1:00 PM. The place, Mesa College Library (office of Chuck Hendrickson) in Grand Junction, Colorado. The Library is located 1/2 block North of North Avenue on College Place. Just Drive down North Avenue until you see Col l.ege P1. and turn North, you' re there, if you have trouble call 248-1862 (Chucks office) for help. Prior to this meeting please compile all the information you can regarding the existing television in your area, be prepared to map this information in detail for the subcommittee and make known the."wants and needs" of your area. It is imperative that you present as much accurate information as you can to this subcommittee. It is also important that you understand that this information is not to be used for any purpose other than improvement of television within Western Colorado, I encourage you to reveal all television known to you, licensed or not! If you are unable.to attend please let me know by return mail. I am interested in your area television needs and will represent them at this meeting as you present them to me: I am looking forward to seeing you August 19, 1987. i Sincer ly; - ~ . Alan Greager SC Chairman i ~ ~ . , . ~ , RECEIVED ~ . JUL 21987 n.tn pcLr June 29, 1987 Western Colorado Television Task Force c/o District 10 Rcyional Planning Comission Drawer 849 Montrose, Colorado £31402 llear Sirs: i woiild like to express my opinion about ttie TV signals. I live in ilotclikiss aiid I am t?ooked up to caUle with Delta County 'I'eleCortun. When Ipciy my caUle '1'V Uill I pay for the 'I'V siynals I receive, wliich include 11135. 11I3S in llelta Cou?lty is on the tax rolls, whic}i cost t}ie resideiits o[ Uelta Couiity about $36,000 a year. Siiice I am liooked up to cable, tliis is ot iio Uc»elit to me. Tlie same is true of everyone in the county • wfio have cable. So wliat this amounts to is that cable customers pay for tlieir siyiial (('13S} aiid ttlen pay agaici througli taxes for those who do not liave cable. I ask wtiy is this forced on me, since I receive no benefit from the tax. 1'o make matters worse, there is talk of bringing in four more stations and puLting them on the tax roll. If ttiey cost as much as PDS this cost would be $180,000 a year Eor five stations. 1lgain cable customers would tioL be?iefit From this.' SJe would actually be paying twice for the same siynal. rty solution to this would be to liave the county get out of the TV business. If a custotner wants good TV signals and cable is not available, t}iey could buy a disli and a descrarrbler. We have several satellite dish businesses in the county that would welcome the new custoiners. I clon' Y, tiiink we need any hialier property taxes in Delta County. Sincerely~ ~ti.L /v - Steve Allyn a , . ' , a : • ` • ' ~ I ~ , • . , , c. ~ a l• ~ V 7 ~ :1 r . . ? . : . . : f . .i Colorodo Avflti([t /0 Kf9iona1 planiftny e0HlN[!55l0A Strviny ?ht Luo! Govtinmtntol Unib within rhe Co.nties oI Delto, Gunnison, HinsdoJe, Monrrose. Ouroy, ond Son Miyut! July 13, 1987 - Mr. Steve Allyn Melody Court, Willow Heights P.O. Box l,1i;~ Hotchkiss, Co. 81419 Re: TV signals Dear Mr. Allyn, Thank you for taking the time to express your opinion about television service in Delta County. . As the county's public television project director, I would like to respond to some of your observations. _ In working with the commissioners of Delta, Ouray and Mont- rose Counties on their joint PBS project since 1989, I can assure you they share your concerns about operational costs of the PBS service and the need to keep property taxes as low as possible. The 1987 PAS budget assesses Delta County residents a total of $38,531 as their share of the PBS translator system which serves all three county areas. This is abcut $1.80 annually per resident for this over-the-air signal. The counties' involve- ment with PBS came in 1981, when a group of citizens strongly supported a county application to a feder.al agency for 75$ of the construction funds needed to build the four sites in Delta County. In turn, the federal agency required the county to ensure the continued provision of this signal as a public service for a 10-year period from the close of the grant award. As a DCTC cable customer, you do receive the same PBS signal, whic~ until very recently was taken free from the county's trans- lator system by the cable company. When DCTC decided to begin paying for the PBS signal, among others, about two months ago from the Netlink satellite signal service, the cable company announced that a rate hike on the basic cable package would be needed to pay for the new satellite feed, among other costs. The rate hike, scheduled to take effect Aug. 1, will increase that basic package fee from $11.50/month - or $138 yearly - to $19/month - or $168 annually. s c: i?~`1'l: ~loy~~, you ~rob~ bly Ynow ti~tit /DCTC cable reports they serve about 1,850.of the approxi- 301-B North Cascade • Drawer 849 • Montrose. Colorado 81402 • Phone 249-2436 ' . . ¢ . . / • t / Mr. Steve Allyn -2- 7/13/87 / . i~ / mate 6,064 county homes. Delta Cable and Paonia Cable serve some of the remainder. Those county residents outside cable service . areas`who own dish systems - if they wish to receive the PBS and . other Denver stations via satellite - must now purchase a Video- Cypher II (desrambler) and pay Netlink an $80 annual signal acquisition fee. A full third of the annual county PBS budget-is paid as a signal acquisition fee to a commercial common carrier microwave, Western Telecommunications, Inc., a company connected with Tele- Communicatio.ns, Inc., one of the nation's largest telecomm com- panies. After more than three years of persistent discussion, WTCI at this time still exhibits no willingness to adjust what we consider to be an excessive rate for this educational signal. And WTCI also owns 40$ of Netlink, which so far has not sold its satellite signals to any translator company. Because the Western Slope is virtually held hostage by signal purveyors who we think refuse to be reasonable in their fee assessments, the county commissioners, along with District 10 Regional Planning Commission and a southwestern recreation district responsible for TV distribution in the Cortez area sponsored a Western Colorado regional TV meeting in May, attended by more than 70 telecommunications professionals. The meeting's purpose was to analyze the present situation, review options and come up with a task force of volunteers charged with the develop- ment of a plan for a long-term solution that would hopefully cost residents less to operate while providing increased TV services to more residents. Western Slope residents, by voicing their frustrations con- cerning inadequate televis.ion services to their elected offi- cials, have made a study of this problem a region-wide priority. I think we can all agree that there is a need to keep Western Colorado dollars working at home. Sincerely, Kathy Hopkins, PTP Director md ;;.(;o.,rJ T.-zl: Force cc: Delta County Independent North Fork Times • County Commissioners, Delta, Ouray, Montrose Counties E;c;st~rn Colorc-::o `i.:levisiori l~.sc rorco R~CD JUL 3 01987 •.;~r~"•::\ State Representative Vice-Chairman: DAN WILLIAMS State Affairs Committee P.O. Box 56 Member: Edwards, Colorado 81632 C O L O R A D O Home: 926-3457 Agriculture, Livestock and Capitoi: 866-2962 H O U 5 E O F R E P R E S E N TAT 1 V E 5 Natural Resources STATE CAPITOL Committee DENVER Appropriations Committee 80203 _u ,'r 285 19n ~ M._.r y rnne Mili=. E,; , t:; 58:} Vaf i ~ ,t~~ r.~. ~ ~ 4 Dear t•'t , Mt 1 js, i 7 ~Y.' _ T~'~;t~I. ri ii.l Ti~_i' i - r i~`Jr' 1'=f~"_F+~' ii'~' tl~ ~ - i l, 1, 1987 r' N i~ .~t. I'~~ ii I~~ 1 1 iiy~!-;~1.1 ! fri ~ f_~~.ie„~er+~' = + ~ Li . t- F f+ t i~;ir+C rt H~' O i.+.~ 1L f E' ~;i ri r~ !j f; ~;I i~ _j n~_ ti!~ ri iri Gat.~lt+ a=~~ur~+~:.~. - r 1 yii iJ knii w f l ie Leg1=. ;at ure does nii f pproFi rj.ti, t P funds fo('' p@ t= i t 1c hi!-: hwaj' I mp1-' ove m e r, t=_. nor do we U?te r m i ne the ~ t"' I_~ i'! t;~ L~ i L I 1 r~ ~L ~~,J:ia;i` i!?} pri v vA TI ° n t= r mai ntanc e. T i 1o_. e dP[ jsj i i{} s arF hP i a j e? .ti, U t i"1 rI l;r' ai 1 U rc_+ spi ~f151 {-i-r~' ~~1)14 : :_i~ i ili ~•$,-~J n I~ - il=} ht,!y A. Ci i(TtITi 1_= Ion. F-'1 a li i et I 1T1 e Ident i if E a. glc i_ oufi i;r .a. rl d a pa•_. t E.a. g? f' C: ou n ty i_ omm i=_. ior; er 5 I;, a. vr [ O n_. i=. t._t ntl;. lJ ppof` ted the r, ei= d t i i iITI prove U.S. H ighw•=. _ bi+twr%n Fi i' r" i_i whe._t d ai I L! Di il;+;l iJ _TUnC t I ofi i nc 1 Ud! fig afl ! f"t ti_ ('•cor,nYc t i ng bIka path t fi E.1,=tei'-i Eag1e CoiJ fi t':•` . In 19=:6, rry ond .=ar in the Le~ . qi =~1 at~re, Iw._,__ the F';• ime Hou_. a n or, = or o} _ . B. 36, wh1 C h sur -r - - a= - f u 1 1 r p r~~ i;~ e~~ n .y, ddjt1 orl •=l l 104 RI ( I lI+_+ n i ilia}'s e.yI'; ~-i i , _.r._t.r• _r lo~_.~.i .~.r~~ =.tatr hi ghw=. i mR - ~ r ~er~ ~er,` _ . ' -~.~,~.,,e . ~ c~ rk:e~ h.y.rd in 1_ -h:. L_ I~~I.~.t; ~ J J( ~Y t_i u[I [I I i r. t L hN Ci 1 I f 1rado L.. o+. t=' , I ~ i~_~ 1 ~~r~II~., ~i~~ ~_~JL'_•1_.i.r~1 i~_i. I f iJ ~t ti i G~_.9,l f'iITI='i i±. ~1, ~ ~_'~.l!r= f;.. i i i_i ii,.it- nm e nr i i ~ 1~~i.~ [=i i iprrat i;_i n 1hr_. i i nd_. ci i iJ ld bc vE' f'y f i i:= an1 f f U 1" U l 1 n the con•_tr•uction ot an ir,terconnecting bik:e p.=.th. I f!;I [i i.l l L I C i I [ i i 1 1 r.ti. ge 'r i] !1 f_! ',:.1 i i i• r; ClosC i } w J t ! I 1 rl r' _.ti, glr_+ I_ i i uri k,: I. i imi TI i=_' ionN('_ , i i i i r j ouwri C+J IJ rl ci I a(I d hC I: V 3or• do ~ ighwa `r' r-• GITI(fl I'_'=I! ti i 'i•y.~~:~t-' LI 3r_ITI l: Ji!r• f ~ ' _ . =''f'fl r' i • ~t. ~I ~,i ~ ai_-e yoi~ ~ ~ eque_ t in higF, priorit;;•, f-1 yi i u ti iy i_ o qll e fTl ore I('i vi ~lvY d :v i i IJ wIll _i i i fl r%a1 I Z$ th3, t ihe fl N r dG d rl Igr, w.y. I( i i provement=. i n EaglC I_ i i iJ f i t':~' .~.~i~ 'F,I- t~ . ~ i i ~J gr~ ii U'F i t 1 1 N Stat r_ }.1. r• P;:; i_ s•% ed 'F' h% .1, t1 .y. I IabI F= r?verl !J N. r our =.upPor} ot .y, ddj t Iof Iai I I 1 ghw._,, ;r' fa:•; I"' ?v? t"f U? I= al'= i i i i t grPaf I ffl portance. ' I torward yaur cancern and intere•_.t _ - n ± o ± he H i q hwa. i_ ornmi _ i o n . I wou 1 d G e p ; e.=. Td L o d i cu a = t h i = i = e wi t h you i n m o re de±ai 1. F' ;ease t611 f r Ye tp vor, tac t me nd I wiI 1 maY. N 1. im:f' i~.: il._i. LI 1 Y e . ~ Sin ~ rrly{ Dan Wi1 1 iam s _,ta`e Repre_.entat i ve . C:~ isL ri c~~ 56 c[, F-1 voI I- C; P.3. v_' r 1_ i' er s': T i(fi e•_. Eanlr I_ oI.1 I 1 f' ofrlfTi Is_' ii iner`' V y. i i Tcv.i ri C c,u n c i i ? i i li i rado H I ghw.ti. y Commi=_ Ion Page 1 . , FINANCIAL MANAGIIKQVr.P/PLANNING TOWN OF VAIL SERVICE ANALYSIS (0 One of the Rating Categories for Each Service OVEEtALL IIKPFASIS MUCH RIIMAa1 MUCH NO DEPI'. & SERVICFS MORE MORE SAME LFSS IESS RATING CONIlKIIV'I'S/EXPLANATION/SPECIFICS FIRE Fire Inspections & Enforcement Fire Suppression IInerrJencY ResPonse Emergency Medical EnergencY Planning Fire Investigation Public Education Buildirig Maintenance Animal Control Other PUBLIC WORIZS/TRANSPORTATION Snow Removal Landscaping Trash Removal Page 2 OVERALL IIKPBASIS MUCH RENAIN MUCH NO DEPP. & SERVICES MORE MORE SAME LESS LFSS RATING COMMIIVTS/EXPLANATION/SPECIFICS PCJBLIC WORKS/ZRANSPORTATION (CONT.) Irrigation IInengency Response (Flooding, Mudslides, etc.) Engineeririg Streets, Road Construction Street, Road Maintenance Recreation Path Construction Recreation Path Maintenance Sidewalk Construction/Maintenance I?rainage Construction/Maintenance Street Signs Street Lighting Bus System Sandstone East Vail West Vail Shuttle Bus Cleanliness Property Management (Leasirig in Parking Structures) Fleet Vehicle and Equipment Maintenance Page 3 OVEE2ALI, IIMPHASIS MUCH RIIMAIN MUCEi NO DFPI'. & SERVICFS MORE MORE SAME LFSS LES5 RATING C'ONIlqM'I'S/EXPLANATION/SPECIFIGS PUBLIC WORKS/'IRANSPORTATION (CONT.) Building and Parking Structure Maintenance Manageme.nt of Parking Structures arid Parkirig Lpts Other OOP9MUNITY DEVELOPMENr Current Planning Long Range Planning Zoning, Subdivision & Annexation Regulation Special Studies & Projects Building Inspection, Permits & Plan Review Ehvironmental Health Inspections & Programs Environmental Quality Studies & Reports Professional Relationships With: Town Council Planning & Environmental Comissio Design Review Boaztl Project Management Other Page 4 O`IERALL IIMPI-WIS MUCH RII`AT-N MUCH NO DEPI'. & SERVICFS MORE MORE SAME LESS LESS RATING CONMENri'S/EXPLANATION/SPECIFICS A17MIIJISTRATIVE SERVICFS Operatirig Budget Capital Budget Debt Achninistration Accounting Auditirig Financial Reporting Financial Plannirig/Management Treasury/Tax Collection Investments Data Processing Fersonnel Achninistration (staffing, training, wage and salary admin., labor relations, einployee benefits and services) Insurance/Ri.sk Management Town Clerk Licenses Records Elections Support Services for Town Council Admin. Support Services (Mail, Phone Supplies, etc.) , Page 5 0VEEZALL IIMPHASIS I`'NCH REMAIN MUCH NO DEFr. & SERVICES MORE MORE SAME LFSS LESS RATING CONd`~NTS/EXPIANATION/SPECIFIGS A=IISTRATIVE SERVICES (CONT. ) Infornlation ServicPG Vail Symposium Other LILRARY Adult Programs & Services Youth Programs & Services Reference Sexvices ' Circulation ServicPG PeY'lOd1Ca1 SPxV1GeS Collection Development Coranunity Education Resource Use Promotion Comnunity Room Maintenance of Library Other Page 6 OVII2ALL IIMPBA.SIS MUCH RENAIN MUCH NO DEPr. & SERVICES MORE MORE SAME LESS LFSS RATING CONIl~Nr!'S/EXPLANATION/SPECIFICS POIICE Drug Enforcement Parking EY?forcement Traffic Enforcement Criminal Enforcement Juvenile E7iforcement Public Sexvice Security for Special Ewents Crime Prevention Public Education Traf f ic Control DispatCh Carrnnunication Criminal Irivestigation Other RECREATIOId General Recreation Programs General Recreation Leagues General Recreation Classes Page 7 , OVERALI, IIKPHII.SIS ~CH PdlvUUN MUCH NO DEPT. & SEfNICFS MORE MORE SAME LESS LESS RATING CONIl=S/EXPLANATION/SPECIFICS RECREATION (CONT.) General Recreation/Special Events Coordination with Community Groups Dobson Ice Arena Nature Center Youth Center/Hang Out Youth Outreach Programs Youth Counselirig Youth Cafe X-Country Ski Center Parks & Athletic Fields Tot Lots Other