HomeMy WebLinkAbout1989-06-06 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, JUNE 2, 1989
7:30 p.m.
AGENDA
1. Approval of Minutes of May 2 and 16, 1989 Meetings
2. .Ordinance No. 11, Series of 1989, first reading, an ordinance amending
Section 3.36.90 of the Vail Municipal Code; setting forth Recreational
amenities tax rates for new zone districts which have been formed since the
adoption of the recreation amenities tax ordinance.
3. Ordinance No. 12, Series of 1989, first reading, an ordinance repealing and
reenacting Ordinance No. 40, Series of 1988, to provide changes to Area D
requirements that concern the condition of undergrounding utilities; a new
location for the bus stop; a deceleration lane on the South Frontage Road;
a minor subdivision; and stairwell addition; and setting forth details in
regard ther..eto.
4. Ordinance No. 13, Series of 1989, first reading, an ordinance creating Town
of Vail, Colorado, Booth Creek Local Improvement District; approving the
plans for and authorizing the construction and installation of special and
local improvements therein, in connection with which special assessments
shall hereafter be levied to pay a portion of the cost thereof; approving
the method of apportioning such assessments; making findings and
conclusions based upon evidence presented at a public hearing concerning
the foregoing; and setting forth details in relation thereto.
5. Resolution No. 24, Series of 1989, a resolution creating a temporary Town
of Vail Marketing Advisory Board.
6. Resolution No. 25, Series of 1989, a resolution setting the date for a
special election to submit the question of the Town's participation in the
Eagle County Television Translator District.
7. Appeal of Planning and Environmental Commission decision on new tennis
courts and tennis pro shop
CITIZEN PARTICIPATION
8. Adjournment
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, JUNE 6, 1989
7:30 p.m.
EXPANDED AGENDA
7:30 1. Approval of Minutes of the May 2 and 16, 1989 Meetings
7:35 2. Ordinance No. 11, Series of 1989, first reading, an
Larry Eskwith ordinance adding recreational amenities tax rates for new
Mike Mollica zone districts which have been formed since the original
ordinance was written
Action Requested of Council: Approve/deny Ordinance No. 11,
on first reading.
Background Rationale: The ordinance sets forth tax rates
for recently formed zone districts.
Staff Recommendation: Approve Ordinance No. 11, Series of
1989, on first reading.
7:45 3. Ordinance No. 12, Series of 1989, first reading, an
Kristan Pritz ordinance repealing and reenacting Ordinance No. 40, Series
of 1988, to provide changes to Area D (Glen Lyon Office
Property) requirements that concern the condition of
undergrounding utilities; a new location for the bus stop; a
deceleration lane on the South Frontage Road; a minor
subdivision; and stairwell addition; and setting froth
details in regard thereto.
Action Requested of Council: Approve/deny Ordinance No. 12,
on first reading.
Background Rationale: The PEC approved the requests on May
22, 1989 with the condition that the developer shall be
required to escrow funds to complete the undergrounding of
utilities along the north side of Area D (Glen Lyon
Property) if Holy Cross is unable to complete the
undergrounding of utilities prior to the issuance of a
temporary certificate of occupancy for the brewery addition,
office expansion, east office building, or parking
structure. The vote was 6-1 for approval with Jim Viele
abstaining. All changes to the ordinance are typed in all
capitals and underlined.
Staff Recommendation: Approve Ordinance No. 12, Series of
1989, on first reading, except for the request to void the
condition requiring the undergrounding of the utilities.
8:15 4. Ordinance No. 13, Series of 1989, first reading, an
Larry Eskwith ordinance establishing the Booth Falls Local Improvement
Stan Berryman District
Action Requested of Council: Approve/deny Ordinance No. 13,
on first reading.
Background Rationale: The ordinance establishes the Booth
Falls Local Improvement District to construct rockfall
mitigation.
Staff Recommendation: Approve Ordinance No. 13, Series of
1989, on first reading.
8:45 5. Resolution IVo. 24, Series of 1989, creating a temporary Town
Larry Eskwith of Vail Marketing Advisory Board
Action Requested of Council: Approve/deny Resolution No.
24, Series of 1989.
Background I~ationale: This resolution formally creates a
temporary Marketing Advisory Board.
Staff Recommendation: Approve Resolution No. 24, Series of
1989.
9:00 6. Resolution IVo. 25, Series of 1989, setting the TV Translator
Larry Eskwit;h election date
Action Requested of Council: Approve/deny Resolution No.
25, Series of 1989.
Background Rationale: This resolution establishes a date
for an election giving Vail voters the opportunity to
express their approval or disapproval of establishment of a
TV Translator District.
Staff Recommendation: None.
9:15 7. Appeal of PEC Decision on New Tennis Courts and Tennis Pro
Mike Mollica Shop
Action Requested of Council: Uphold/overturn the PEC's
decision.
Background Rationale: Council called this issue up for
review on 5/18 due to concerns over the sidewalk on the
north side of the courts, the proposed TOU bus stop layout,
and the paving of the parking lot. At their public hearing
of March 27, 1989, the PEC unanimously approved of the
conditional use permit with the following conditions:
A. That spotlights be installed on the eaves of the
proposed building.
B. That the existing path south of the tennis courts be
extended to the parking lot and be paved.
C. That conduit necessary for permanent lighting be
installed at the time of construction.
D. That the parking lot be paved per previous approval.
E. That a sidewalk be provided on the north side of the
tennis courts.
Staff Recommendation: Approval of the proposal with
conditions as found in staff memo.
9:30 CITIZEN PARTICIPATION
9:40 8. Adjournment.
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MINUTES
VAIL TOWN COUNCIL MEETING
TUESDAY, MAY 2, 1989
7:30 P.M.
A regular meeting of the Uail Town Council was held on Tuesday, May 2, 1989, at 7:30
P.M., in the Council Chambers of the Vail Municipal Building.
Members Present:
Members Absent:
Town Officials Present:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Gail Wahrlich-Lowenthal
Michael Cacioppo
Merv Lapin
Tom Steinberg
Ron Phillips, Town Manager
Pam Brandmeyer, Town Clerk
The first order of business was approval of the minutes from the April 4th and 18th,
1989, meetings. Eric Affeldt moved to approve these minutes. John Slevin seconded
that motion. A vote was taken and the motion passed unanimously 5-0.
The second order of business was Ordinance No. 9, Series of 1989, a first reading,
an ordinance requesting a rezoning from High Density Multiple Family Zone District
to Commercial Service Center, with a special development district, to allow for
additional parking, loading, and an expansion of the Vail National Bank Building.
Mayor Rose read the title in full. Rick Pylman explained the reason for this zoning
request stating that the existing Vail National Bank Building consists of a
three-story office building, with two levels of underground parking. The first
floor of the building is occupied by the Vail National Bank, with the two upper
floors leased to various professional offices. The site upon which the building
sits is in the High Density Multiple Family Zone District, and at the time this
project was built in 1976, the office space was approved as a conditional use.
Later, office use was removed entirely as a use from the High Density Multiple
Family Zone District. As a result, any additional office space would not be allowed
today. For this reason, the owners of this building wish to rezone the property to
Special Development District, with limited underlying uses listed in the Commercial
Service Center Zone District. The applicant is requesting to restrict the permitted
uses to the following:
1) Professional offices, business offices and studios
2) Banks and financial institutions
3) Business and office services
4) Travel and ticket agencies
5) Additional offices, businesses or services determined to be similar to
permitted uses
Criteria to be used in evaluating this proposal were those for a request for zone
change as well as the nine development standards, as set forth in the Special
Development District Chapter of the Zoning Code. First to be considered was
evaluation of a zone change request from High Density Multiple Family Zone District
to Special Development District, with underlying commercial service center zoning.
1) Suitability of existing zoning.
2) Is the amendment presenting a convenient, workable relationship within land
uses consistent with municipal objectives?
3) Does the rezoning provide for the growth of an orderly, viable community?
4) Criteria relating to the land use plan, i.e., the land use plan designates
this area as resort accommodations and services, but the land use plan does
not specifically designate this site as an office area. Staff believes
that the office use does make sense due to the following:
A. The property's proximity to the South Frontage Road and I-70; and
B. Other adjacent offices and public uses such as the hospital and
Municipal Building; and
C. The fact that the office use already exists.
The second grouping of criteria relates to design standards or criteria in
evaluating SDD proposals.
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1) Design compatibility and sensitivity to the immediate environment,
neighborhood, and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity, and orientation.
2) Uses, activity, and density that provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
3) Compliance with parking and loading requirements as outlined in Section
18.52.
4) Conformity with the applicable elements of the Vail Comprehensive Plan,
Town policies, and Urban Design plans.
5) Identification and mitigation of natural and or geologic hazards that
affect the property on which the Special Development District is proposed.
6) Site plan, building design and location, and open space provisions designed
to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
7) A circulation system designed for both vehicles and pedestrians on and off
site traffic circulation. Rick noted at this point that this area
specifically was of Planning Commission concern in regard to a pedestrian
walkway between the bank and the hospital.
8) Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views, and function.
9) Phasing Plan or Subdivision Plan that will maintain a workable, functional,
and efficient relationship throughout the development of this special
development district.
The Staff recommendation was for approval of this rezoning and Special Development
District, with the following conditions:
1) They owners receive a CDOH approval for their access permit request before a
building permit is released for the proposed bank expansion.
2) That the uses allowed under the Special Development District with the
underlying Commercial Service Center Zoning shall be limited to the
following:
a. Professional offices, business offices and studios
b. Banks and financial institutions
c. Business and office services
d. Travel agencies
e. Additional offices, business or services determined to be similar to
permitted uses. Retail uses are specifically not allowed on this
property.
3) Any landscaping that dies within one year of the transplanting shall be
replaced with a similar size and type material by the owners of the bank.
In respect to the cottonwoods, if they die, three new trees having each a
diarmeter of 8" to 12" shall replace the existing trees. The height of the
near trees shall be a minimum of 25 feet. This later was amended by
Planning Commission to include the wording that any landscaping that dies
within a two year period of transplanting shall be replaced with a similar
size and type material by the owners of the bank.
4) If the loading zone is relocated in the future, the new location shall be
approved by the PEC using the major amendment to an SDD review process.
Mr. Pylman summarized by saying that the staff felt it was appropriate to rezone
this property to a district that allowed for office use. He also stated that staff
believed thE~ special development district zoning allows for flexibility and the
thorough review of any future development on this particular site. He finalized his
comments by commending the owners of the bank and the hospital for working together
to address both staff and PEC concerns.
At this point, several individuals from the audience spoke on behalf of the
applicant. Sid Shultz, acting as architect, spoke to the pedestrian access and
landscaping,; Paul Powers, working with the Vail National Bank Building, addressed
on-site parking; and Jay Peterson, an attorney representing the bank building,
addressed parking as it relates to the travel agency that has been included in this
revised ordinance. Eric Affeldt then moved to approve Ordinance No. 9, Series of
1989, on first reading, with a second from Mike Cacioppo. Gail Wahrlich-Lowenthal
stated she 4vould vote against this ordinance due to her belief that parking was
inadequate. She also requested that the staff should really evaluate what is going
on with this particular building as it relates to the rest of the community and
potential renovations and requests of this sort that the staff and Council will be
seeing in the future. Eric Affeldt, in regard to his motion, also strongly
suggested that DRB work with the Vail Valley Medical Center for the pedestrian
bridge betwf~en the two properties, those properties being the medical center and the
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bank building. Mike Cacioppo also stated strong feelings regarding the potential of
the loading zone in its present location and the difficulty that this would create.
John Slevin requested that staff revise its policy on office building parking, and
with this, a vote was taken and the motion passed, 4-1, with Gail Wahrlich-Lowenthal
voting against that motion.
Item 3 on the agenda was action on a proposed contract to vacate 66 square feet of
Forest Road right-of-way in exchange for $30,000.00 (Ron Byrne, Charles Biederman).
Kent Rose supplied background in regard to this proposed contract stating that a new
proposition was to be presented to the Council. He described this new proposition
as follows:
That the $30,000.00 would be assessed for use or purchase of an easement and that
this easement would remain encumbered until such time that the property was
renovated or torn down. Jay Peterson, attorney for the applicant, further stated
that this should be viewed as a perpetual easement, subject to the terms Kent had
just described. Clarifications were then made in regard to Resolution No. 17, and
pertaining to this easement. Those changes were as follows:
1) Resolution No. 17 changed to Number
2) The easement should be between the
rather than Charles Biederman; and
3) Anew survey, including the garage
the easement.
22; and
Town of Vail and Forest Road Associates,
overhang, be completed and attached to
To coincide with current Town of Vail Building Code, it was discussed that as far as
the garage being destroyed, this means more than 50% of that garage structure being
destroyed. With these changes, John Slevin moved to approve Resolution No. 22,
Series of 1989, and Kent Rose seconded this motion. Gordon Brittan spoke at this
time to state as a citizen of the Town he felt the only equitable way for the
Council to handle this matter was to require the garage to be torn down. John
Slevin then amended his motion to include the changes previously discussed, as well
as, changing the term "residential" on page 2 of the Resolution to "garage". A vote
was taken and the resolution passed 4-l, with Eric Affeldt voting against this
resolution.
Backtracking to Item 3, Action on Proposed Contract to Vacate 66 Square Feet of
Forest Road Right-of-Way in exchange for $30,000 (Ron Byrne and Charles Biederman),
no action was taken.
In regard to Item 4, Ordinance No. 10, Series of 1989, first reading, an ordinance
vacating that .portion of the platted Forest Road right-of-way, Vail Village, first
filing, and setting forth details related thereto, John Slevin made a motion to deny
the ordinance, and this was seconded by Kent Rose. A vote was taken and the motion
passed unanimously 5-0.
The next items of business were Resolution Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, and 21, Series of 1989, designating the following as
depositories for the funds of the Town of Vail as permitted by the Charter of the
Town, its Ordinances and the statutes of the State of Colorado. They are as
follows:
Resolution No. 6 Firststate Financial, Orlando, Florida
Resolution No. 7 Sterling Bank, Burbank, California
Resolution No. 8 Security Bank of Kansas City, Kansas City, Kansas
Resolution No. 9 Farmers State Bank, Denton, Montana
Resolution No. 10 Coral Coast Savings Bank, Boynton Beach, Florida
Resolution No. 11 Bank of Horton, Horton, Kansas
Resolution No. 12 First Federal of the Carolinas, High Point, North
Carolina
Resolution No. 13 San Antonio Federal Savings Bank, San Antonio, Texas
Resolution No. 14 Sterling Savings & Loan, Irvine, California
Resolution No. 15 First Savings & Loan, Beverly Hills, California
Resolution No. 16 Franklin Bank, San Mateo, California
Resolution No. 17 Security Savings & Loan, Chicago, Illinois
Resolution No. 18 Hawthorne Savings & Loan, Hawthorne California
Resolution No. 19 Midstate Savings & Loan Association, Baltimore,
Maryland
Resolution No. 20 Exeter Bank, Exeter, New Hampshire
Resolution No. 21 First National Bank of Glens Falls, Glens Falls, New
York
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Gail Wahrlich-Lowenthal moved to approve these resolutions, with a second from John
Slevin. A vote was taken and the resolution passed 4-1, with Mike Cacioppo voting
against these resolutions because he was unfamiliar with Security Bank of Kansas
City.
Item 6 on the Agenda was Proclamation No. 1 declaring June, 1989, as Colorado
Recycling Manth. Eric Affeldt moved to approve this proclamation with Mike Cacioppo
seconding that motion. A vote was taken and the motion passed unanimously 5-0.
The next item of business was action to grant permission to the Vail Metropolitan
Recreation District for the construction of Volleyball Courts at the east end of the
Athletic Field on Vail Valley Drive. After a brief discussion regarding the
positioning of these fields and some introductory remarks by Pat Dodson, John Slevin
moved to gra~,nt permission to the VMRD for this construction with the provision that
if parking problems occur, the VMRD Board address and correct them. Eric Affeldt
seconded that motion. A vote was taken and the motion passed unanimously 5-0.
Under Citizen Participation, there was none.
There being no further business, the meeting was adjourned at 9:50 P.M.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Br•andmeyer, Town Clerk
Minutes takE~n by Pamela A. Brandmeyer
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MINUTES
VAIL TOWN COUNCIL MEETING
MAY 16, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, May 16, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Eric Affeldt
Michael Cacioppo
Merv Lapin
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 9, Series of 1989, second reading, an
ordinance requesting a rezoning from High Density Multiple Family Zone District to
Commercial Service Center, with a special development district, to allow for
additional parking, loading, and an expansion of the Vail National Bank Building.
The full title was read by Mayor Rose. Rick Pylman reviewed the changes made since
first reading:
1. VNB Parcel, used in the title and in the third paragraph of the ordinance
was changed to UNB Building.
2. Under Section 4, 2., the landscape plan drawn by Dennis Anderson
Associates, Inc., was revised May 12, 1989.
3. The entire paragraph under Section 8 was deleted and replaced with
"Amendments to the approved development plan may be granted pursuant to
Section 18.40.100 of the Vail Municipal Code."
Rick then discussed the revised landscape plan. Sidney Schultz, representing the
Vail National Bank, explained the request and the problems which would be incurred
if the Council denied the ordinance. Mayor Rose gave additional information for Tom
Steinberg, who was absent at first reading. Gail Wahrlich-Lowenthal noted she voted
against the ordinance at first reading and explained why, but she respected the
situation tonight and did not want to stop the project. She felt the project
inherited the problem and did not create it, so she would vote for the ordinance.
There was then some discussion on alternatives. John Slevin made a motion to
approve the ordinance on second reading with the changes noted, and Gail Wahrlich-
Lowenthal seconded. A vote was taken and the motion passed unanimously 4-0.
The second item was Resolution No. 23, Series of 1989, creating the Town of Vail
Transportation and Parking Advisory Committee. Stan Berryman stated the staff was
bringing this resolution to Council at Council's request. He gave brief background
information on the Task Force's activities since 1984, and commented the resolution
would formally create an Advisory Committee. He then listed some of the names of
those presently on the Task Force (other than the Mayor and Town employees):
Two Council members - Merv Lapin, John Slevin
Two Planning and Environmental Commission members _ Sidney Schultz, Diana
Donovan
One person from Vail Associates, Inc. - Joe Macy
One person from the Forest Service - Bill Wood
One person from the Department of Highways - Rich Perske
One person from Eagle County - Jim Fritze
Five citizens from the Town of Vail - George Knox, Dave Gorsuch, Rob Levine,
Lee Hollis, Dave Rimel
He then asked that they be ratified as the Advisory Committee members. There was
some discussion regarding the citizens, and it was decided to delete the words "from
the Town of Vail" for any future changes in members. A motion to approve the
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resolution with the wording change in H. was made by Tom Steinberg and seconded by
Gail Wahrlichi-Lowenthal. A vote was taken and the motion passed unanimously 4-0.
The next agenda item was the Robert Gunn request for a front setback variance and
modification of the 100-year Mill Creek floodplain (342 Mill Creek Circle). Mike
Mollica explained the applicant's two requests, then reviewed the criteria used in
these requests. He stated staff recommended approval of the variance request
because it would create a hardship on the applicant if it was not granted. As far
as the floodplain modification, staff recommended approval with three conditions:
1. That a permit from the Army Corps of Engineers, either and Individual or a
Nat:ionwide Permit, be obtained prior to the issuance of any building
permit for the property.
2. That approval from the Federal Emergency Management Agency be secured
prior to the issuance of any building permit for the property.
3. That a groundwater analysis be completed, as an addendum to the EIR, prior
to the issuance of any building permit for the property. Said analysis
shall conclude that there will be no adverse affect on adjacent properties
regarding the issue of groundwater.
He then noted the Planning and Environmental Commission recommended unanimous
approval of t:he stream modification and the front setback variance. Mike then
stated the 2Gi0 square foot request was tabled until the next PEC meeting at the
applicant's request. The PEC was opposed to the applicant's 250 request and was
about to mot=ion for denial of the 250 request when the applicant requested tabling;
the PEC voted unanimously for tabling. He then read a letter from Mr. Higbie
opposing the stream modification and noted he had received letters earlier from two
others in favor of the stream modification. Mayor Rose commented the Council called
this issue up to discuss and understand it more. Jim Morter of Morter Architects,
representing the applicant, felt the 250 square foot request could be put to rest
because nothing could be done until the applicant went through the Design Review
Board. He si;ated the applicant would be within the allowed GRFA without requesting
the additional 250 square feet, but they did want the ability to go through the DRB.
Council had some discussion on the 250 GRFA. Tom Steinberg stated he would only
agree to approval if the applicant agreed not to apply for the additional 250 square
feet before i~he five year limit. Jim Morter stated the applicant did not need the
250 square fE~et and was within the GRFA allowed. Larry Eskwith explained what the
250 ordinancE~ would allow; there was more discussion. Jim Morter reviewed the
problems of building on the lot and how it came about. He remarked why it was a
hardship and showed how they would change the stream flow; he then reviewed the
relocated crE~ek and how it would be improved. Bill Ruzzo discussed the technical
aspects of moving the creek. He stated they had turned in the report and analysis
to Mike Mol lica this evening for the first and third conditions required by staff.
Regarding the second condition, FEMA approval, they were in the process of making
application at this time. They had met with the Region Director in Denver and had
submitted the required forms. Technically, the applicant was not encroaching into
the 100-year floodplain, but they will proceed for the map line revision due to the
creek relocation. He asked Council to change the condition so as not to depend on
approval for a building permit. Mike Mollica agreed; they would change to an
occupancy permit instead of a building permit. There was some discussion of a
sediment problem during construction, to which Mike Ruzzo responded. Jim Morter
commented Mr's.. Gunn wanted it in the record that any trees damaged for a period of
up to three years after the construction (as a result of the construction) will be
replaced. A motion was made by Gail Wahrlich-Lowenthal to approve the request for a
front setback variance and modification of the 100-year floodplain because of
staff's findings that this will not grant a special privilege and will not injure
the public's health; also, the variance is warranted because the strict
interpretation of the guidelines would produce a hardship for the applicant; also,
that approval be granted in accordance with the staff recommendations in their
memorandum to the Planning and Environmental Commission dated April 24, 1989, except
to modify condition no. 2 to change the wording from a building permit to an
occupancy permit. The motion was seconded by John Slevin. A vote was taken and the
motion passed unanimously 4-0. Tom Steinberg asked staff to bring back the 250
ordinance for evaluation. After some discussion, it was decided to review general
GRFA items at the next Council Work Session. Gail suggested Council needed to do
site visits to identify what's right and wrong, and do it when all seven Council
members were here. Staff agreed this would be addressed sometime in June.
The fourth order of business was the Fritzlen and Pierce appeal of the Planning and
Environmental Commission decision to deny a side setback variance request (2998
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South Frontage Road West). Mike Mollica reviewed the chronological events up to
now:
1. A variance request was approved by the PEC on January 23, 1989, to allow
this property to be considered for rezoning by the Town Council. The
approved variance was for a 6,620 square foot shortage in the minimum lot
size of the Primary/Secondary Residential zone district.
2. The Town Council approved a rezoning request, from RC to P/S on March 7,
1989. This rezoning has allowed for the addition of a secondary, rental
unit on the lot.
3. The PEC, on March. 27, 1989, unanimously voted (7-0) to deny the
applicant's side setback variance request. The PEC found that the request
would be a grant of special privilege and that the applicant's stated
hardship was self-imposed.
Mike then reviewed the criteria and findings staff used in consideration of this
request. Staff and the PEC had a problem determining the physical hardship and felt
approving the request would be a grant of special privilege. Staff recommended
denial, and the PEC voted unanimously 7-0 for denial. He then presented photographs
of the residence to Council. William Pierce, the owner and applicant, explained
exactly where the stair would be located and its uses; he-also discussed why the
other alternatives would not be as acceptable: There was some discussion on the
alternatives and why staff felt there was no physical hardship. John Slevin felt
this was a special situation not normally shared with others and therefore could be
approved on this basis. After some discussion, Mike Mollica stated no other areas
were really affected, but the PEC very clearly felt there were other options. He
discussed what options the PEC felt were available, but the Council generally did
not agree with the PEC's decision. John Slevin made a motion to overturn the PEC's
denial decision regarding the side setback variance request with findings in Section
4 of the Community Development report, and more specifically, the exceptions/special
conditions that apply to this applicant. Tom Steinberg seconded the motion. A vote
was taken and the motion passed unanimously 4-0.
The next item was a Landmark Condominium sign variance request. Betsy Rosolack
remarked the Landmark was requesting a third sign (two are permitted) for a total of
24 square feet of signage (20 square feet are permitted). She stated they wanted
the third sign for the east side; they have two already, and this third sign would
result in a total of four extra square feet. She reviewed the criteria and findings
used by staff in studying this request, and noted staff supported the request for
the third sign and the 4.3 addition square feet. Betsy also commented the Design
Review Board recommended unanimous approval 5-0 for the variance request. After a
short discussion by Council, Gail Wahrlich-Lowenthal made a motion to approve the
sign variance request in accordance with the findings of the staff memorandum dated
May 16, 1989. John Slevin seconded the motion. A vote was 'taken and the motion
passed unanimously 4-0.
There was no Citizen Participation.
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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ORDINANCE N0. 11
Series of 1989
AN ORDINANCE AMENDING SECTION 3.36.90 OF THE VAIL MUNICIPAL
CODE; SETTING FORTH RECREATIONAL AMENITIES TAX RATES FOR NEW
ZONE DISTRICTS WHICH HAVE BEEN FORMED SINCE THE ADOPTION OF
THE RECREATION AMENITIES TAX ORDINANCE.
WHEREAS, new zone districts have been established since the adoption of the
Recreational Amenities Tax Ordinance and amendments thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1.
Section 3.36.040 Tax Rate of Assessment, of the Municipal Code of the Town of
Vail, is hereby amended to read as follows:
3.36.040 Tax Rate of Assessment
For buildings constructed in the various zoning districts of the Town, the tax
on each building shall be assessed after the filing of an application for a building
permit by the building official or other designated Town official in accordance with
the following schedule:
Zone District Tax Rate per Sq. Ft. of Floor Area
HR $ .15
ABD 1.00
SB/RD .70
PD .10
PUD .10
SFR .10
R .15
R P/S .15
RC .30
LDMF .35
MDMF .70
HDMF 1.00
PA 1.00
CC1 1.00
CC2 1.00
CC3 1.00
CSC 1.00
•e. -._.,
HS 1.00
A .10
SDD rate of zone district applicable to
density of project.
The rate schedule set forth in this section shall be reviewed annually by the
Town Council and may be raised or lowered by resolution of the Council after such
review.
Section 2.
Section 3.36.080 Tax Credit Additional is hereby repealed and reenacted as
follows:
Section 3.36.080 Tax Credit Additional
Residential buildings or units. which are restricted for use for employee housing
shall be entitled to additional tax credits according to the following schedule:
Years Restricted Additional Credit
7 - 9 10%
10 - 15 20%
16 - 20 30%
21 - 25 40%
25 + years 50%
Section 3.
Section 3.36.090 Tax Credit is hereby repealed and reenacted to read as
follows:
3.36.090 Tax Credit-Maximum Rate
The maximum credit allowed under both Sections 3.36.070 and 3.36.080 shall not
exceed fifty percent (50%) of the tax assessment.
Section 4.
This Ordinance shall become effective July 1, 1989.
Section 5.
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.
-2-
Section 6.
The Town Council hereby finds, determines and declares that this Ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 7.
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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 proceedings 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 APPROVED ON FIRST READING this day. of
1989, and a public hearing shall be held on this Ordinance on the _ day of
1989, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this day of
1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of
1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-3-
l , °6~
~,
TO: Town Council
FROM: Community Development Department
DATE: June 6, 1989
SUBJECT: Request for a minor subdivision of Development Area D of
SDD 4 at 1000 South Frontage Road.
Applicant: Glen Lyon Office Building
I. BACKGROUND ON THIS REQUEST
In April of 1986, the applicant requested a minor subdivision
for Lot 54. Lot 54 was divided into two parcels. Parcel B
(1.268 acres) included the existing office building and all of
the surface parking on the site, while Parcel A (.479 acres)
included the westerly portion of the site where a previously
approved office expansion would be located. The minor
subdivision was approved by the Planning Commission with four
members in favor of the request, with Jim Viele abstaining. The
developer decided to not proceed with the final recording of the
minor subdivision plat.
II. THE REQUEST
The proposal would allow Lot 54 to be
having the following square footages:
Parcel A: .4797 acres or 20,896 sq.
Parcel B: .3734 acres or 16,265 sq.
Parcel C: .5970 acres or 26,005 sq.
Parcel D: .2975 acres or 12,959 sq.
* Note: These square footages do n.
divided into four parcels
ft. - Brewery site
ft.,- Glen Lyon office
ft. - Parking structure
ft. - East office building
~t indicate buildable area.
The minor subdivision will allow the project to be divided into
separate ownerships prior to completion of the project. The
applicant has stated that the minor subdivision is necessary due
to the financing requirements demanded by the "uniqueness of the
Vail Ale Brewery." The minor subdivision would be incorporated
into the development plan for the SDD.
III. REVIEW CRITERIA FOR THIS REQUEST
The approval of a minor subdivision creates a new parcel for
~, ~
development within the Town of Vail. The purpose of reviewing
the minor subdivision request is to ensure that the subdivided
parcE~ls are suitable for development and meet the applicable
development standards the Town has established. The following
reviE~w criteria are from Section 17.16.110 of the Subdivision
Regulations:
The burden of proof shall rest with the applicant
to show that the application is in compliance
with the intent and purposes of this chapter, the
zoning ordinance and other pertinent
regulations that the PEC deems applicable. Due
consideration shall be given to the
recommendations by public agencies, utility
companies, and other agencies consulted under
17.16.090. The PEC shall review the application
and consider its appropriateness in regard to
Town of Vail policies relating to subdivision
control, densities proposed, regulations,
ordinances and resolutions and other applicable
documents, environmental integrity and
compatibility with the surrounding land uses.
IV. ZONIrfG CONSIDERATIONS
The Arterial Business District zoning provides the guide for
development on Area D. The minimum lot size required under the
AB District is 25,000 square feet of buildable area which would
exclude the 100 year flood plain and areas in excess of 40
percent slope. This minimum lot size was established to ensure
that parcels in the zone district were able to accommodate the
type of development allowed under the zone district. Given the
steps taken to ensure that all the parcels will be developed as
a whole per SDD 4 as outlined in Ordinance 40, staff believes
that the minimum lot site is not a significant issue.
V. STAFF RECOMMENDATION
The staff's main concern with this request is that the property
be dE~veloped as one parcel. In no way is the intent of this
subdivision to allow the developer to sell off each of the
parcels and develop them under a different development plan.
The ~>DD process allows for amending the development plan,
however, this would require staff, Planning Commission, and Town
Counc;il approval. We also believe that by recording the
conditions of approval and references on the subdivision plat as
well as recording these conditions as covenants with Eagle
County, the parcels shall be developed peb the approved SDD 4
Development Plan. Given these conditions of approval, the staff
is comfortable with this request and supports the proposal.
The following agreements outline the conditions and stipulations
set i=orth with the minor subdivision proposed for Lot 54, Area D
SDD 4. It is required that this agreement be recorded with the
_} 3~t . .
.... ..
'a
County on the land records of this parcel prior to the formal
approval of this minor subdivision. It is the intent of this
agreement to ensure that the development of Lot 54 proceed in a
timely and efficient manner consistent with the previously
approved development plans for Area D, SDD 4 on file with the
Department of Community Development. The agreements to be filed
include the followingo
1. The development of parcels A, B, C, and D shall be
limited to the SDD 4 Development Plan and governed by
the SDD 4 Ordinance as approved by the Town of Vail
and on file with the Department of Community
Development or as amended and approved by the
Community Development Department, Planning and
Environmental Commission, and/or the Vail Town
Council.
2. The minor subdivision plat shall include a statement
that development of the four parcels shall be governed
by the approved SDD 4 Development Plan for Area D and
Ordinance 40.
3. The Community Development Department and Town of Vail
Attorney shall have the right to review and require
changes in any "Agreements of tenants in common",
°tConveyance of Easement and Party Wall Agreements",
and any other easement or ownership agreements related
to the development of parcels A, B, C, and D to ensure
that the four parcels are developed per the approved
development plan and SDD 4, Ordinance.
4. Any modifications or amendments to the minor
subdivision conditions of approval agreement shall be
reviewed as a major amendment under the procedures
outlined in Section 18.40 of the Town of Vail zoning
code.
5. The applicant shall be responsible for preparing the
wording of these agreements for review by the Planning
staff and Town Attorney. The specific legal wording
must be submitted before the minor subdivision is
recorded with the County. The Town of Vail shall
record the minor subdivision plat, however it will be
the responsibility of the developer to cover any fees
for recording the plat.
TO: Town Council
FROM: Community Development Department
DATE: June 6, 1989
SUBJECT: A request for major amendments to Special Development
District No. 4, Cascade Village, Area D in order to
void a requirement that utilities be undergrounded, to
allow for the relocation of a bus stop, to add a
deceleration lane on the South Frontage Road, a minor
subdivision, and addition of a stairwell.
Applicant: Glen Lyon Office Building
I. THE REQUEST
The applicant is requesting several amendments to Ordinance
No. 40 which was approved in 1988. The amendments concern
only Area D, the Glen Lyon office property. Below is the
summary of the request:
A. Undergroundinq of utilities:
The developer is requesting to void the condition
which requires that the developer shall underground
utilities along the South Frontage Road. Section
18.46.210 D-3 states:
The developer shall underground the
electrical utilities along the north
side of the Glen Lyon property from the
northwest corner of the property to the
northeast corner of the property. This
utility work shall be constructed
subsequent to the issuance of a
building permit and prior to the
issuance of a temporary certificate of
occupancy for the brewery addition,
office expansion, east office building,
or parking structure. The
undergrounding of the utilities is
contingent upon Holy Cross approving
the work.
B. Bus stop:
The bus stop which was to the west of the Glen Lyon
property along the south side of the South Frontage
Road is proposed to be relocated to the porte cochere
area (main entrance into the Vail Brewery), This
requires amending Section 18.46.210 D-1 which states:
The developer shall agree to construct
a bus shelter per Town of Vail
standards adjacent to Development Area
D. The specific location for the bus
shelter shall be mutually agreed to by
the Area D owner and/or the developer,
Colorado Division of Highways, and Town
of Vail. The bus shelter shall be
constructed subsequent to the issuance
of a building permit and prior to the
issuance of a temporary certificate of
occupancy for either the brewery
addition, office expansion, east office
building, or parking structure.
C.
D.
Deceleration lane:
The Colorado Division of Highways is requiring that
the developer add a 150 foot deceleration lane on the
South Frontage Road. The drivers moving east on the
South FrontagE~ Road would use this lane to make right
hand turns into the parking structure. Originally
when this proposal was being reviewed by the Planning
and Environmental Commission, CDOH indicated that a
decelertion lane maY be necessary. Once the proposal
entered the formal review process at CDOH, their staff
required the deceleration lane. (Please see the
attached CDOH permit). On April 10, 1989, the PEC
reviewed this change in a work session. Although
staff believe: this change is a minor amendment, it
was felt that it would be helpful to include all of
the changes to the SDD 4 in one memo so the Planning
Commission clearly understands the final development
plan for Area D.
Minor Subdivision:
The owner is also requesting a minor subdivision. The
developer states that:
The minor subdivision of the Glen Lyon
Office Building site will accommodate
three separate owners prior to
completion of the project. Once
completed, the entire project could be
condominiumized. However, because of
separate financing requirements
demanded by the uniqueness of the Vail
Ale Brewery, a subdivided parcel for
their specific use and ownership is
necessary at this point in time. The
subdivision plat would become part of
the development plan and each parcel
would be restricted by the approved
development plan.
E. Stairwell:
This request would allow for a 115 square foot
addition for an enclosed stairwell on the east end of
the Glen Lyon Office Building.
II. REVIEW CRITERIA
A. DESIGN COMPATIBILITY AND SENSITIVITY TO THE IMMEDIATE
ENVIRONMENT, NEIGHBORHOOD AND ADJACENT PROPERTIES
RELATIVE TO ARCHITECTURAL DESIGN, SCALE, BULK,
BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER,
VISUAL INTEGRITY AND ORIENTATION.
1. Undergroundinq of utilities:
The undergrounding of the utilities has a major
impact on upgrading the appearance of this site.
Staff believes that it is very important that
this condition of approval not be waived. We
believe that it is reasonable to require that the
developer underground utilities directly in front
of the Glen Lyon property as other developers
have been required to do the same work.
2. Relocation of bus stop:
The bus stop design has been approved by Public
Works. Staff believes that this is actually a
better proposal than the original location as
excessive retainage will no longer be necessary.
The bus stop has been incorporated into the porte
cochere° A 10 foot lane would be maintained for
the general public and a 10 foot lane will be
separated by breakaway bollards for the use of
Town of Vail buses. Public Works does not feel
that it is necessary to add gates. Signage will
be used to indicate that buses enter on the west
side of the porte cochere and exit through the
east end. Bus service will continue to be
provided at the Vail Professional Building for
users traveling west. Only bus service going
east will be provided from the porte cochere
area. Staff supports the design for the bus
stop.
3. Addition of the deceleration lane:
The 12 foot wide, 150 foot long, including a 90
foot taper, deceleration lane has been required
by CDOH. Staff was hoping that this deceleration
lane would not be necessary, however, CDOH has
the right to require this improvement from the
developer. In general, the staff believes that
the deceleration lane will maintain the basic
intent and character of the SDD and will not have
any major impacts on properties on the north side
of the South Frontage Road.
4. Addition of the stairwell:
This minor expansion will have no significant
impact on the overall appearance of the building.
B. USES, ACTIVITY AND DENSITY WHICH PROVIDE A COMPATIBLE,
EFFICIENT AND WORKABLE RELATIONSHIP WITH SURROUNDING
USES AND ACTIVITY.
Not applicable.
C.. COMPLIANCE WITH PARKING AND LOADING REQUIREMENTS AS
OUTLINED IN SECTION 18.52.
Not applicable.
D. CONFORMITY WITH APPLICABLE ELEMENTS OF THE VAIL
COMPREHENSIVE PLAN, TOWN POLICIES AND URBAN DESIGN
PLANS.
Not applicable.
E. IDENTIFICATION AND MITIGATION OF NATURAL AND/OR
GEOLOGIC HAZARDS THAT AFFECT THE PROPERTY UPON WHICH
THE SPECIAL DEVELOPMENT DISTRICT IS PROPOSED.
Not applicable.
F. SITE PLAN, BUILDING DESIGN AND LOCATION, AND OPEN
SPACE PROVISIONS DESIGNED TO PRODUCE A FUNCTIONAL
DEVELOPMENT RESPONSIVE AND SENSITIVE TO NATURAL
FEATURES, VEGETATION AND OVERALL AESTHETIC QUALITY OF
THE COMMUNITY.
Not applicable.
G. A CIRCULATION SYSTEM DESIGNED FOR BOTH VEHICLES AND
PEDESTRIANS ADDRESSING ON AND OFF SITE TRAFFIC
CIRCULATION.
1. Relocation of bus sto
The new design for the bus stop actually provides
a better solution than the previously approved
location. The porte cochere site is much more
accessible for pedestrians.
2. Addition of the deceleration lane:
The new deceleration lane will still allow for
the 8 foot bike path along the south side of the
Frontage Road. Staff believes that on and off
site traffic circulation will still be functional
and in the case of the bus stop, is definitely
improved.
H. FUNCTIONAL AND AESTHETIC~LANDSCAPING AND OPEN SPACE IN
ORDER TO OPTIMIZE AND IMPROVE NATURAL FEATURES,
RECREATION, VIEWS AND FUNCTIONS.
1. Undergroundinq of utilities:
By undergrounding the utilities, the landscaping
and open space on the north side of the project
will be enhanced.
2. Relocation of bus stop:
The planter to the north of the porte cochere
will be decreased in size in order to allow for
adequate width for the bus lane. The planter
will be reduced in width from 10 feet to 5 feet.
This change is not positive, however, most of the
landscaping should still be able to be located in
this area. Three aspens and 14 alpine current
will be in the planter.
3. Addition of the deceleration lane:
The developer is still able to place adequate
landscaping in front of the parking structure
which was a primary concern to the staff and
Planning Commission.
I. PHASING PLAN OR SUBDIVISION PLAN THAT WILL MAINTAIN A
WORKABLE, FUNCTIONAL AND EFFICIENT RELATIONSHIP
THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENT
DISTRICT.
1. Minor subdivision:
The development of the project will still be
subject to all the conditions of approval and
phasing as outlined in Ordnance 40.
III. STAFF RECOMMENDATION
The staff recommends approval of all of the amendments
except the request to void the requirement that utilities
be undergrounded. We believe that the developer has
received substantial increases in development potential
through the recent amendments to SDD 4 in 1988-1989.
Increases for commercial square footage ranging from 16,593
square feet to 19,538 square feet were approved in 1988.
This is a 45 percent to 53 percent increase in commercial
square footage. The GRFA was increased by 2,624 square
feet over the allowable. These increases were arrived at
through a process of negotiation, with the developer and
staff as well as the PEC. The undergounding of the
utilities was an important trade-off during these
negotiations and should not be voided.
At this time, the staff does not have a letter from Holy
Cross outlining their position on the undergrounding of the
utilities. We had requested this letter as it would help
us to understand the rationale for the high cost of
undergrounding the utilities. If the Planning Commission
decides to remove this requirement, staff would suggest
that the developer be required to escrow money for the
undergrounding of the utilities when an overall improvement
project is initiated by Holy Cross.
In respect to the other amendment requests, staff believes
that they meet the review criteria and should be approved
with the following conditions:
1. The developer shall agree to construct the bus
lane per Town of Vail standards in the area of
the porte cochere. The specific design for the
bus shelter shall be mutually agreed to by the
Area D owner and/or the developer, Colorado
Division of Highways, and Town of Vail. The bus
lane shall be constructed subsequent to the
issuance of the building permit and prior to the
issuance of a temporary certificate of occupancy
for either the brewery addition, office
expansion, east office building, or parking
structure.
~ ~_
fl-~~I~Y ACROSS ~,~~CTRIC ASSOCIA~'IOI~19 ~ Ii1Co
3799 HIGf1\VAY 82 AREA CODE
P. O. DRAINER 2150 303
GLEMVOOD SPRINGS, COLORADO 81602 ~ 945-5491
May 17, 1989
Mr. Frank Freyer
Vail Ventures, Ltd.
1000 South Frontage Road West
Vail, Colorado 81657
RE: Vail Ale Building
Overhead to Underground Conversion of
Primary Electric Facilities
Dear Mr. Freyer:
Holy Cross Electric has completed a preliminary cost estimate for
the above mentioned conversion, This project would involve
replacement of the existing overhead primary electric facilities
which are adjacent to your northerly lot line with an underground
system. Such replacement also would necessarily involve Holy
Cross facilities located between the easterly end of the Cascade
Village area to a point near the westerly property line of the
Vail Sanitation Plant near Forest Road,
Holy Cross Electric estimates that the cost of this conversion
will be as follows:
Total estimated cost of conversion (preliminary) $240,000.00
Holy Cross Electric investment based upon annual
revenues now being received from consumers
within the affected area (177,000.00)
Contribution in aid of construction
(nonrefundable) required before starting
work on the project $ 63,000.00
The estimated cost of this project could change once the final
design has been completed.
The above figures do not reflect the individual consumer's cost
to convert their secondary service or alter an existing
underground secondary service to receive service from the
Association's nearest pad-mounted transformer, This conversion
must be done during the same construction season that the primary
power lines are placed underground<
Holy Cross Electric°s overhead primary facilities presently provide
electrical service to the immediate area as well as being a main
feeder to the downtown area. .With an overhead facility these
services can be combined in one system, whereas an underground
facility must be divided into .separate systems, In this case a
three-phase underground feeder, a three-phase distribution and a
single-phase distribution must be installed. Each individual system
shall be supplied by its own separate cables.
Should all the affected consumers as well as Vail Ale
representatives wish to pursue this project any further, please
let us know and we shall prepare the appropriate agreements for
execution.
Should you have any further questions, please call me at 949-5892.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
~~ ~~t-
Ted Huskey,
Engineering Service Supervisor
TH:rjm
CC: HCEA, Vail Office
W/0#89-12079:51-59:Lionshead Circ~Yi.t #? - Conversion
-- -~ - Sf 1 tJo/full'/Side: L / ur ; ~. - . _ • .
QQL.Q~~®Q ®~~e4~'r~~~~ QF }~~Qa}~~~~~ Local Jurisdiction: 'town of Vail
•' °~~~~~ ~'~~~~~ ~~~~~~ ~~~~~.~ DisVSectioniPatrol: 30219
DOH Permit No.: 389015
Permit Fee: $75.00
Date of Transmittal: 3-23-89
THE PEAIViITTEE;
Glen Lyon Office Building
1000 South Frontage Road West
- Vail, CO 81657 -
is hereby granted permission to construct and use an access to the state highway at the location noted below.
l'he access shall be constructed, mairttained and used in accordance with the terms and conditions of this permit,
including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Departmentand their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
On t}~e south side of State Highway I 70 Frontage Road, a distance of 550
feet east from Mile Post 174.
ACCESS TO PROVIDE SERVICE TO:
Parking for 16,000 sq.ft. microbrewery, 16,500 sq.ft. office space,
and 2,000 sq.ft. private residence.
OTHER TERhAS AMID COt~IDITIONS:
See Attached Sheet.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
ey (X) Not .Required Date Title,
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall noilfy Don Herman
with 4he Colorado Department of Highways In at 845-7347
at least 48 hours prior to commencing construction within the State Highway right-of-way,
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have full authority to accept the permit and all it's terms and conditions.
Permittee (X) Date
This permit is not valid until signed by a duly authorized representative of the State Department of Highways.
STATE OF COLORADO, DIVISION OF HIGHWAYS
ROBERT L. CLEVENGER, CHIEF ENGINEER
By (X) Date Title
(Date of Issue)
~oPr oISTHIBUTION: Required: Make copies as necessary tor:
1. Olstriel (Original) Local Authority Insoector
7 Ar.r.lir•anf MTCE Pnlrol Trallic Enoineer
Previous Editions are Obsolete and will not be used
OOH Form 101
9/95
PERMIT NO. 389015
1 Local ordinance requires a construction permit from Town of
Vail.
2 Driveway shall be constructed 30 feet wide with 50 foot
radii. Surfacing for driveway approach is required as
follows: 12" of class 6 gravel in 2, 6" lifts; 6" of class 6
gravel in 1, 61° lifts.
3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, or
equivalent. The asphalt cement in the fiBP shall be AC 10.
4 Fill/cut slopes shall be at a 6: 1 slope on the roadway and
at 6:1 on the access approach.
5 too 1 and-~r_a_p_ing other than grass shall be planted within 30
feet o e shoulder of the road. Approach shall be z
construced per p an`da~ecfi"Oct:-'1~8~; I-gg
~6 -ifit~h~"ay wi~ening~""o" r~lie rigli~f'urndeceleration lane shall
be 12 feet wide and 150 feet long, including a 90 foot
taper.
7 No drainage from this site shall enter onto the surface of
the highway. All existing drainage structures shall be
extended to accommodate all new construction and safety
standards.
8 Contractor shall follow the applicable construction
specifications set for by the Department of Fighways in the
latest manual Standard Specifications for Road and Bridge
Construction. The property owner is responsible for any
utilities disrupted by the construction of this driveway and
all expenses incurred for repair. Any damage to ar~y
existing Highway facilities shall be repaired prior to
continuing other work.
9 Compaction of sub-grade, embankments and backfill shall
comply with Section 203.11 of the Division of Highways
Standard Specifications.
10 Compaction of Hot Bituminous Pavement (fiBP) shall comply
with Section 401.17 of the division of Highways Standard
Specifications.
11 If frost is present in the sub-grade, no surfacing material
shall be placed until all frost is gone or removed.
12 Saw or score asphalt to assure a straight edge for patching.
13 The first 20 feet beyond the closest highway lane, including
speed change lanes, shall slope down and away from tYie
highway at a 2% grade to ensure proper drainage control.
14 All excavations on Utility lines, culverts, other trerlcties
or tunnels shall meet the requirements of Colorado
Department of Highways, OSHA, Colorado Industrial Commission
and the Colorado Division of Mines whichever applies.
15 The area around the new work shall be well graded to drain,
top soiled, fertilized, mulched and reseeded.
16 Work shall BEGIN AFTER 8:30 A.M. and all equipment s~1a11 be
off the roadway BEFORE 3:30 P.M. each day.
'1
r
4
PAGE NO. 1
t ~
t
ORDINANCE NO. 12
Series of 1989
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 40,
SERIES OF 1988, TO PROVIDE CHANGES TO AREA D REQUIREMENTS THAT
CONCERN THE CONDITION OF UNDERGROUNDING UTILITIES;
A NEW LOCATION FOR THE BUS STOP; A DECELERATION LANE ON THE
SOUTH FRONTAGE ROAD1 A MINOR SUBDIVISIONt AND STAIRWELL
ADDITION; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 18.40 of t.Ze Vail Municipal Code authorizes
Special Development Districts within the Town;, and
WHEREAS, the Town Council approved Ordinance 40, Series of 1988
Special Development District No. 4; and
WHEREAS, Glen Lyon Office Building, a Colorado Partnership, has
requested to amend the existing Special Development District No. 4,
Area D; and
WHEREAS, the Planning and Environmental Commission has
recommended that certain changes be made to Special Development
District No. 4; and
WHEREAS, the Town Council considers that it is reasonable,
appropriate, and beneficial to the Town and its citizens,
inhabitants, and visitors to repeal and reenact Ordinance No. 40,
Series of 1988 to provide for such changes in Special Development
District No. 4, Cascade Village.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Amendment Procedures Fulfilled, Planninq Commission
Report.
The approval procedures described 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 Special Development
District No. 4.
Section 2. Special Development District No. 4
Special Development District No. 4 and the development plans
therefore, are hereby approved for the development of Special
Development District No. 4 within the Town of Vail.
` Section 3.
Chapter 18.46 Special Development District No. 4, Cascade Village, is
hereby repealed and re-enacted with amendments to read as follows:
18.46.010 Purpose
SpEacial Development District No. 4 is established to ensure
comprehensive development and use of an area in a manner that
wi:11 be harmonious with ~he~general character of the Town,
provide adequate open space and recreational amenities, and
promote the objectives of the Town of Vail Comprehensive Plan.
Special Development District No. 4 is created to ensure that the
development density will be relatively low and suitable for the
area and the vicinity in which it is situated, the development
is regarded as complementary to the Town by the Town Council and
the Planning Commission, and because there are significant
aspects of the Special Development District which cannot be
satisfied through the imposition of standard zoning districts on
the area.
18.46.020 Definitions
For the purposes of this chapter, the following definitions
shall apply:
A. "Special attraction" shall be defined as a museum, seminar
or research center or performing arts theater or cultural
center.
B. "Transient residential dwelling unit or restricted dwelling
unit" shall be defined as a dwelling unit located in a
multi-family dwe:Lling that is managed as a short term
rental in which all such units are operated under a single
management providing the occupants thereof customary hotel
services and facilities. _A short term rental shall be
deemed to be a rental for a period of time not to exceed 31
days. Each unit shall not exceed 645 square feet of GRFA
which shall include a kitchen having a maximum of 35 square
feet. The kitchen shall be designed so that it may be
locked and separated from the rest of the unit in a closet.
A transient dwelling unit shall be accessible from common
corridors, walks, or balconies without passing through
2
ti
another accommodation unit, dwelling unit, or transient
residential dwelling unit. Should such units be developed
as condominiums, they shall be restricted as set forth in
section 17.26.075--17.26.120 governing condominium
conversion. The unit shall not be used as a permanent
residence. Fractional fee ownership shall not be allowed
to be applied to transient dwelling units. For the
purposes of determining allowable density per acre,
transient residential dwelling units shall be counted as
•one half of a dwelling unit. The transient residential
dwelling unit parking requirement shall be 0.4 space per
unit plus 0.1 space per each 100 square feet of GRFA with a
maximum of 1.0 space per unit.
18.46.030 Established
A. Special Development District No. 4 is established for the
development on a parcel of land comprising 97.955 acres as
more particularly described in the attached Exhibit A.
Special Development District No. 4 and the 97.955 acres may
be referred to as "SD4."
B. The district shall consist of four separate development
areas, as identified in this ordinance consisting of the
following approximate sizes:
Area Known As Development Area Acreage
Cascade Village A 17.955
Coldstream Condominiums B 4.0
Glen Lyon Duplex Lots C 29.10
Glen Lyon Commercial Site D 1,8
Dedicated Open Space 40.4
Roads ~ ~ 4.7
97.955
18.46,040 Development Plan--Required--Approval Procedure
A. Each development area with the exception of Development
Areas A and D shall be subject to a single development
plan. Development Area A shall be allowed to have two
development plans for the Waterford, Cornerstone, Millrace
3
IV and Cascade Club sites as approved by the Town Council.
Development Area D shall be allowed to have 2 development
plans as approved by the Town Council. The developer shall
:have the right to proceed with either one of the
development plans or scenarios as defined in Section
18.46.103 B-F.
B. Amendments to SD4 shall comply with the procedures outlined
in Section 18.40.
C. Each phase of development shall require, prior to issuance
bf building permits, approval of the Design Review Board in
accordance with applicable provisions of Chapter 18.52.
18.46.050 Permitted Uses
A.. Area A, Cascade Village
1. First floor commercial uses shall be limited to uses
listed in 18.24.030 A-C. The "first floor" or "street
level" shall be defined as that floor of the building
that is located at grade or street level.
2. All other floor levels besides first floor or street
level may include retail, theatre, restaurant, and
office except that no professional or business office
shall be located on street level or first floor (as
defined in Section 18.24.030 A of the Town of Vail
zoning code in Area A) unless it is clearly accessory
to a lodge or educational institution except for an
office space having a maximum square footage of 925
square feet located on the first floor on the
northwest corner of the Plaza Conference Center
building.
3. Lodge
4. Multi-family dwelling
5. Transient residential dwelling unit
6. Employee dwelling as defined in Section 18.46.220.
7. Cascade Club addition of a lap pool or gymnasium
4
° B. Area B, Coldstream Condominiums
1. Two-family dwelling
2. Multi-family dwelling
C. Area C, Glen Lyon Duplex Lots
1. Single family dwelling
2. Two-family dwelling
D. Area D, Glen Lyon Commercial Site
1. Retail
2. Restaurant and bar
•3. Business and professional offices
4. Multi-family dwelling
5. Employee dwelling as defined in section 18.46.220
18.46.060 Conditional Uses
Condition al uses shall be reviewed per the procedures as
outlined in Chapter 18.60 of the Town of Vail zoning code.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to
exceed 4,500 square feet.
2. Fractional fee ownership as defined in the Town of
Vail Municipal Code, Section 18.04.135 shall be a
conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership
shall not be applied to restricted employee dwelling
units or transient residential dwelling units.
.Ownership intervals shall not be less than five
weeks.
3. Special attraction
4. Ski lifts
5. Public park and recreational facilities
6. Major arcades with no frontage on any public way,
street, walkway or mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities
2. Ski lifts
5
C. Area C, Glen Lyon Duplex Lots
1. Public park and recreational facilities
2. Ski lifts
D. Area D, Glen Lyon Commercial Site
1. Micro-brewery as defined in Town of Vail Municipal
code, Section 18.04.253.
18.46.070 Accessory Uses
A. Area A, Cascade Village
1. Minor arcade.
•2. Home occupations, subject to issuance of a home
occupation permit in accordance with the provisions of
Sections 18.58.130 through 18.58.190.
3. Attached garages or carports, private greenhouses,
swimming pools, tennis courts, patios, or other
recreational facilities customarily incidental to
permitted residential uses.
4. Other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for the
operation thereof.
5. Swimming pools, tennis courts, patios or other
recreational facilities customarily incidental to
permitted or conditional uses, and necessary to the
operation thereof.
B., Area B, Coldstream_Condominiums
1. Home occupations, subject to issuance of a home
occupation permit in accordance with the provisions of
Sections 18.58.130 through 18.58.190.
2. Attached garages. or carports, private greenhouses,
swimming pools, tennis courts, patios, or~other
recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to _
permitted or conditional uses, and necessary for the
operation thereof.
4. Swimming pools, tennis courts, patios or other
6
recreational facilities customarily incidental to
permitted or conditional uses, and necessary to the
operation thereof.
C. Area C, Glen Lyon Duplex Lots
1. Home occupations, subject to issuance of a home
occupation permit in accordance with the provisions of
Sections 18.58.130 through 18.58.190.
2. Attached garages or carports, private greenhouses,
swimming pools, tennis courts, patios, or other
recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for the
operation thereof.
D. Area D, Glen Lyon Commercial Site
1. Home occupations subject to issuance of a home
occupation permit in accordance with the provisions of
Sections 18.58.130 through 18.58.190.
2. Attached garages or carports, private greenhouses,
swimming pools, tennis courts, patios, or other
recreational facilities customarily incidental to
permitted residential uses.
3. Other uses. customarily incidental and accessory to
permitted or conditional uses, and necessary for the
operation thereof.
4. Minor arcade.
18.46.080 Location of Business Activity
A. All offices, businesses, and services permitted by Sections
18.46.050 through 18.46.070 shall be operated and conducted
entirely within a building, except for permitted unenclosed
parking or loading areas, and the outdoor display of
goods.
B. The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods
and entirely upon the establishment's own property.
7
Sidewalks, building entrances and exits, driveways and
streets shall not be obstructed by outdoor display.
18.46.OSi0 Density--Dwelling Units
ThE~ number of dwelling units shall not exceed the following:
A. Area A, Cascade Village
Two hundred eighty-three point five (283.5) dwelling units,
total maximum with a minimum of three hundred thirty-eight
(338) accommodation units or transient residential dwelling
units and a maximum of ninety-nine (99) dwelling units as
defined by the table in Section 18.46.103 A-D.
B. Area B, Coldstream Condominiums
Sixty-five (65) dwelling units
C. Area C, Glen Lyon Duplex Lots
One-hundred four (104) dwelling units.
D. Area D, Glen Lyon Commercial Site
Scenaric 1 shall allow for three dwelling units, t~vo of
which shall be employee dwelling units as defined by the
table in Section 18.46.103F.
18.46.1.00 Density--Floor Area
A. Area A, Cascade Village
The gross residential floor area for all buildings shall
not exceed 289,445 square feet, except that the total
maximum GRFA shall not exceed 292,245 square feet if
Millrace IV Scenario 2 (32 A.U.'s) is constructed.
B. Area B, Coldstream Condominiums
Sixty-five thousand square feet (65,000 s.f.) GRFA.
C. Area C, Glen Lyon Duplex Lots
GRFA shall be calculated for each lot per Section 18.13.080
density control A and B for the primary/secondary district
of the Town of Vail municipal code. No residential lot
shall contain more than 4,200 square feet of GRFA per the
Glen Lyon subdivision covenants.
D. Area D, Glen Lyon Commercial Site
Scenario 1 shall allow for three dwelling units. The gross
8
°- residential floor area for the two employee dwelling units
shall be 795 square feet and 900 square feet respectively.
The gross residential floor area for the free market
dwelling unit shall be 1,630 square feet.
18.46.102 Commercial Sctuare Footage
A. Area A, Cascade Village
Area A shall not exceed 56,538 square feet of commercial
area. Commercial uses include retail, office, theater,
restaurant, uses listed in Section 18.46.050 A-1, and the
special attraction use.
B. Area D. Glen Lyon Commercial Site
Area D shall not exceed 14,950 square feet of office for
Scenario 1 or 18,275 square feet of office for Scenario 2
per the approved development plans. The micro-brewery and
associated uses shall be constructed per the approved
development plan.
18.46.103 Development Statistics for Area A, Cascade Village, and
Area D, Glen Lyon Commercial Site
9
• ti~
A. AREA A CUhiPLETED PROJECTS ~ CASCADE
RETn1L/ ON SITE
' STRUCTURE
>
1
SQ FT PARKING PARKING
AU DU GRFA r
COP .
28 0
16 20,000 '
HILLRACE 1 25 0
14 11,534
h11LlRACE II 0 115
uESTIN -148 55,451 '
104 seats 0 0
Alfredo's ,
0
14 seats 0 ; •
Cafe
0
0
1250
little Shop
' ~ 2436- 0 0
Pepi Sports
0
900
N 6 H Sm1th, Yaurnet
CMC OUILDING 0 16
Cascade Wing 8 15,810
1600 0 13,3
Clancy's
28
Theatre 4220
4192 0 40
College Classrooms
954 0 d
College Office
1301 0 6
Htg Room 2J
TEP,RACE KING
. 0 105
e Rooms 120 58,069
5856 0 20
Ret.afl
0
.~
4.
'~
COHPlETEO PRdJECTS (Cen't)
AU DU GRFA
CASCADE
STRUCTURE
PARKING
RETAIL/
CORM SQ FT
UN SITE
PARKIIIG
PlA7A 1 0 16
20 7205
Roons 0 4
1099
Retail
PIAiA I1 8297 0 35
Conference
0 3
925
Retail '
CASCADE CLUB• 0 1
300
Retail 5a6
612 0
Bar B Restaurant
3
828 0
Office in CHC
1
1386 0
Wellness Center
288 17,786
38 174,135 53. 422..
TOTALS •
' .~
,'
B. AREA A PROPOSED PROJECTS
1. CURNERSTUIIE AU UR TR DU GRFA
Units 50 TR 28,110
Accessory Ski
Retail
Restaurant
Hotel Access
Rest & Bar
Office
Conf Room
Hotel Retail
Scenario 1 Retail
or
Scenario P Retail
Access Ski
(Restrooms
(Ski School
(Lift tickets
COMMERCIAL
2190
3000
2465
4850
285
l 13>250
or
P 16,275
SEATS
147
82
TOTALS 50 TR 28,110 Scenario 1 26,040 or 229
Scenario P 29,065
r
SQ FT
1725
1140
8865
CASCADE/WATERFORD
UI1 SITE STRUCTURED
PARKING PARKING
. 48.1 (av room 561 sf 0,962
space/room)
1.3
19.4
10.3
19.4
7.2
.0
44.2
or
54.3
N
.~
0
0 Scenario 1 155.9 or
Scenario 2 166
5
41
CASCADE/WATERFURD
AREA A PRUPUSED PROJECTS (CUNT.) UN SITE STRUCTURED
PARKING PARKING .
2. WATERFURD kU OR TR DU GRFA COJ~1h1ERCIAL SEATS SQ FT
UN[TS ~ ~ 60
Scenario 1 30 or
or 47,500 75
Scenario 2 75 TR.
3,800 12<1
RETAIL
TUTAL Scenario 1 15 TR or 47,500 3,800
Scenario 2 .. 30 DU
Scenario 1 72.7
Scenario 2 87,7 or
3. WESTHAVEN CONDOS
UIJITS ?.0 22,500 40
Emplc~~ee Units 10 6,400 * 20 ;~
Max J•
TUIaL r 20 DU 22,500 b0 ~
4. f1I LLRACE I I I
UNITS
TOTAL
3 6,000
3 DU 6,000
6
5. MILLRACE•IV
UN [TS Scenario 1 ~ 8 11,200 or ~ ~ 16
or Scenario 2 32 AU 14,000 26'8
TUTAL Scenario 1 8 DU 11,200 16 or 26.8
or.Scenario 2 32 AU 14,000 ~ '
o * Restricted Employee Dwelling Units sf~all not count toward density or GRFA, '
. CASCADE/WATERFORD
AREA A PROPOSED. PROJECTS (CONT.) ON SITE STRUCTURED
PARKING PARKING
AU UR TR DU GRFA CUf4MERCIAL SEATS SQ FT
__-_---
6. CASCADE CLUB ~ •
HDUiTIUf~ '
Scenario 1 4,500 22.5
Wellness Ctr 0
or Scenario 2 4,500
G~~nnasium
TOTAL Scenario 1 4,500 22.5
Scenario 2
7. RUUI.1 2J CONFERENCE
COf~VERTEU TU
1,381
4,500
THEATRE
TUTAL 1,387 5.5
8. PLAZA OFFICE
925
TUTAL **** ~ 118,110 38,752,
MAXIMUMS . Total - 101:5~DU
** Room.2J ha: already been counted as conference space
parking. The new parking requirement is based on the.
'difference between confe.rence•and theatre parking
requirements.
.7 ***
13,365 66 Minimum
5<5 **
310 Maximum
or
235 Minimum
*** Plaza space has already been counted fora retail parking re4uir.ement. The
new parking requirement is based on the difference between the retail and
office parking requirements.
**** Total figures represent highest density and commercial scenarios.
TOTAL PROJECT DEVELOPMENT COMPLETED
C AND PRUPUSED FUR AREA A:
o CASCADE/WATERFORD
UN SITE STRUCTURED
DU GRFA COMMERCIAL
PARKING PARKING
Maximum** Minimum***
CUPIPLETED PROJECTS 182.0
174,135
17,786 53 422 422
,
PRUPUSED PROJECTS * 101.5 118,110
38,752
66 310 235
TOTAL DEVELOPMENT
AT BUILD-OUT
283.5 292,245 56>538
119 Minimum 732 hiaximum with
17.5% Mixed Use
Credit = 604 spaces
421 spaces in
Cascade Structure and
183 spaces in
Waterford Structure
651 Minimum viith
17.5% Mixed Use
Credit = 543 spaces
421 spaces in
Cascade Structure
122 spaces in
Waterford Structure
*Total figures represent highest density and como~ercial scenarios.
**~~laximum parking structur~lrage~IVmScenariom2, a~dnCascade ClU~ario 2,
Waterford Scenario 2, Mi
Scenario 1.
***hlinimum parking structure requirement assumes Cornerstone Scenario 1,
Waterford Scenario 1, Millrace IV Scenario I, and Cascade Club
Scenario 1.
D. TOTAL PROJECT MINIMUM AU UR TRs AND MAXIMUM DUs FUR AREA A:
AU UR TR
CUI~IPLETED PROJECTS, ~ 288 AU 38
PRUPUSED PROJECTS ~ 50 TR 61
,~ TOTAL 338 99
. .
o
.~
E. Development Controls
Area Units GRFA
Acres) 16 DU/Acre .35
Original Parcel 15.68 252.00 256,437
Robbins Parcel 1.23 19.68 18,752
Co:sgriff Parcel 1.045 16.72 15,932
17.955 288.4 291,121
F. DEVELOPMENT FOR P.REA D GLEN LYON COMMERCIAL SITE
USE GkFA COMM. S0. FT. PARKING
1. EXISTING OFFICE 10,150 40.6
2. Glen Lyon Office Ad 2,400 9.6
3. MICRO-BREWERY*
OFFICE 700 2.8
BEER HALL 1,774 14.7
Brew Pub 1,858 15.5
Retail 446 1.5
Brew House 6,600 0
Museum 415 0
4. EAST BUILDING
Scenario 1
2 Employee
Dwellings 1695 ~ 4
1 Dwelling 1630 2
OFFICE I 2,400 9.6
OR or
Scenario 2
OFFICE 5,725 22.9
TALS
~~cenario 1 3325 Office 14,950
Brew. 11,793 101
>cenario 2 Office 18,2.75
Brew. 11,793 108
* Additional square footage is allocated for common area per the
development plan.
16
a 18.46.104 Development Plans
Site specific development plans are approved for Area A and Area
D. The development plans for Area A are comprised of those
plans submitted by Vail Ventures, Ltd. The development plans
for Area D are comprised of those plans submitted by the Glen
Lyon Office Building, a Colorado Partnership. The following
documents comprise the development plan for each area:
Area A, Cascade Village:
1. Cascade Village Master Plan and Building Height, Roma,
'10/10/88.
2. Waterford and Cornerstone Floor Plans, Roma, 10/10/88, p.
1-9.
3. Waterford and Cornerstone Sections, Roma, 10/10/88.
4. Waterford Landscape Plan, Roma, 10/10/88.
5. Waterford Summer Solstice, Roma, 10/10/88.
6. Waterford Site Plan, Roma, 10/10/88.
7. Waterford Elevations, Roma, 10/10/88.
8. Waterford Winter Solstice, Roma, 10/10/88.
9. Waterford East Elevation Height Analysis, Roma, 9/28/88.
10. Cornerstone Site Plan, Roma, 10/10/88.
11. Cornerstone Elevations, Roma, 10/10/88, p. 1-3.
12. Cornerstone Sun/Shade, 10/10/88.
13. Cascade Entry Rendering, Roma, 10/10/88.
14. Cascade Club Addition Site Plan, Roma, 10/10/88.
15. Cascade Club Floor Plan, Roma, 10/10/88.
16. Millrace IV (32 A.U.'s) Plan, Roma, 10/10/88.
17. Millrace IV (32 A.U.'s) Floor Plans, Roma, 10/10/88.
18. Survey, a part of Cascade Village, Eagle Valley
Engineering, Leland Lechner, 6/8/87.-
19. Site Coverage Analysis, Eagle Valley Engineering,
10/10/88.
20. Cascade Village Special Development District Amendment and
Environmental Impact Report: Peter Jamar Associates, Inc.,
Revised 11/22/88.
17
Area D, Glen Lyon Commercial Site
1. Vail Brewery Company Glen Lyon Office Site Development Area
D Master Plan, Roma, 11/28/88.
2. Vail Brewery Floor Plans, Roma, 11/10/88.
3. Vail Brewery Sections and Elevations, Roma, 11/10/88, p. 1
and 2.
4. Vail Brewery Height Study, Roma, 11/22/88.
5. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma,
11/28/88.
6. Glen Lyon Parking Garage Sections/Elevations, Roma,
11/28/88.
7. Glen Lyon Condominium, Roma, 11/28/88.
8. Glen Lyon Condominium East Building, Roma, 11/28/88.
9. Office Addition to Glen Lyon Office, Floor Plan, BUFF
ARNOLD/NED GWATHMEY ARCHITECTS MAY 3, 1989 SHEETS 1 AND 2
AND ROMA. ELEVATIONS. THE VAIL BREWERY MARCH 16, 1989.
10. Cascade Village Special Development District Amendment and
Environmental Impact Report: Peter Jamar Associates, Inc.,
Revised 11/22/88.
11. DECELERATION LANE L)ESIGN FOR SOUTH FRONTAGE ROAD RBD
OCTOBER 18, 1988 AS APPROVED BY CO. DIV. OF HGWYS,
12. A RESUBDIVISION OF LOT 54 AMENDED PLAT GLEN LYON SUB-
DIVISION, EAGLE VALLEY SURVEYING INC. AS APPROVED BY T.O.V.
18.46.110 Develo ment Standards
The development standards set out in Sections 18.46.120 through
18.46.180 are approved by the Town Council. These standards
shall be incorporated into the approved development plan
pertinent to each development area to protect the integrity of
the development of SD4. They are minimum development standards
and shall apply unless more restrictive standards are
incorporated in the approved development plan which is adopted
by the Town Council.
18.46.120 Setbacks
A. Area A, Cascade Village
Required setbacks shall be as indicated in each development
plan with a minimum setback on the periphery of the
property of not less than twenty feet, with the exception
that the setback requirement adjacent to the existing
Cascade parking structure/athletic club building shall be
two feet as approved on February 8, 1982, by the Planning
18
and Environmental Commission. All buildings shall maintain
a 50 foot stream setback from Gore Creek. The Waterford
and Cornerstone buildings shall maintain a 20 foot setback
from the north edge of the recreational path along Gore
Creek.
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the development
plan.
C. •Area C, Glen Lyon Duplex Lots
Required setbacks shall be governed by Section 18.13.060
Setbacks of the Primary/Secondary zone district of the Town
of Vail Municipal Code.
D. Area D, Glen Lyon Commercial Site
Required setbacks shall be as indicated on the approved
development plans.
18.46.140 Height
A. For the purposes of SD4 calculations of height, height
shall mean the distance measured vertically from the
existing grade or finished grade (whichever is more
restrictive), at any given point to the top of a flat roof,
or mansard roof, or to the highest ridge line of a sloping
roof unless otherwise specified in approved development
plan drawings.
B. Area A, Cascade Village
1. The maximum height for the Westin Hote1,,CMC Learning
Center, Terrace Wing, Plaza Conference Building and
Cascade Parking .Structure/Athletic Club is 71 feet.
2. Cornerstone Building._ Maximum height of 71 feet.
3. Waterford Building: Maximum height of 48 feet as
measured from finished grade to any portion of the
roof along the north elevation (South Frontage Road)
and west elevation (Westhaven Drive). A maximum height
of 40 feet as measured from the lowest floor of the
parking structure to the roof eave is approved for the
19
south and east building elevations. A maximum height
of 61 feet as measured from the lowest floor of the
parking structure to the roof ridge is approved for
the south and east building elevations.
4. Westhaven Building: A maximum of 55 feet.
5. Millrace III: A maximum of 48 feet.
6. Millrace IV: A maximum of 48 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
•9. The remainder of buildings in Area A shall have a
maximum height of 48 feet.
C. Area B, Coldstream Condominiums
The maximum height shall be 48 feet.
D. Area C, Glen Lyon Duplex Lots
The maximum height shall be 33 feet for a sloping roof and
30 feet for a flat or mansard roof.
E. Area D, Glen Lyon Commercial Site
540 of the roof shall have a height between 32 and 40 feet.
460 of the roof area shall have a height under 32 feet. On
the perimeter of_ the buildings for Area D, height is
measured from finished grade up to any point of the roof.
On the interior area of any building, height is measured
from existing grade up to the highest point of the roof.
Development plan drawings shall constitute the height
allowances for Area D.
18.46.160 Coverage
I:n Areas A and B, no more than 35% of the total site area shall
k>e covered by buildings, provided, if any portion of the area is
developed as an institutional_or educational center; 45% of the
area may be covered. In Area C, no more than 25% of the total
~~ite area shall be covered by buildings, unless the more
restrictive standards of Chapter 18.69 of the Vail Municipal
Code apply. In Area D, no more than 38a of the total site area
:shall be covered by buildings and the parking structure.
20
a 18.46.170 Landscabinq
At least the following proportions of the total development area
shall be landscaped as provided in the development plan. This
shall include retention of natural landscape, if appropriate.
Areas A and B, fifty percent, and in Areas C and D, sixty
percent, of the area shall be landscaped.b
18.46.180 Parking and Loading
A. Area A, Cascade Village
1. Off-street parking shall be provided in accordance
with Chapter 18.52, except that 75% of the required
parking in Area A shall be located within a parking
structure or buildings. If the development table in
Section 18.46.103 is amended, the parking requirements
shall be amended accordingly.
2. There shall be a minimum of 421 spaces in the main
Cascade Club parking structure and a minimum of 122
underground spaces in the Waterford structure.
3. The Cascade and Waterford parking structures shall be
considered to be one parking structure for the
purposes of calculating the mixed use credit for
parking spaces. Both parking structures shall be
managed as one entity. A 17.5 percent mixed use
credit per the Town of Vail parking code, Section
18.52.20 has been applied to the total number of
required parking spaces combined in the Cascade and
Waterford structures. Alternative development plans
or scenarios which require additional structured
parking shall require an expansion of the Waterford
parking structure below ground level.
4. The third floor of the Cascade parking structure shall
not be used to meet any parking requirements for
accommodation units, transient residential dwelling
units, employee dwelling units or dwelling units.
5. Phasing: All required parking for Cornerstone,
.Waterford, Millrace IV Scenario 2 (32 A.U.'s), and the
21
Cascade Club Wellness Center Addition Scenario 1 shall
be provided in the Cascade or Waterford parking
structures. At the time a building permit application
is submitted to the Town of Vail Community Development
Department for the Waterford building and parking
structure, the developer shall be required to make a
final decision as to which development scenarios shall
be used for the Cornerstone, Waterford, Millrace IV
and the Cascade Club addition. A temporary
certificate of occupancy shall not be released for any
portion of the Cornerstone, Waterford, Millrace IV
Scenario 2 (32 A.U.'s) or Cascade Club Wellness
addition, Scenario 1 which relies on required parking
being provided in the Waterford parking structure
until the Waterford parking structure has received a
temporary certificate of occupancy from the Town of
Vail Building Department.
6. Seventy-five percent of the required parking shall be
located within the main building or buildings and
hidden from public view from adjoining properties
within a landscaped berm for Westhaven Condominiums,
Millrace III, and Millrace IV Scenario 1.
7. All loading and delivery shall be located within
buildings or as approved in the development plan.
B. Area B, Coldstream Condominiums
Fifty percent of the required parking shall be located
within the main building or buildings and hidden from
public view from adjoining properties within a landscaped
berm.
C. Area C, Glen Lyon Duplex Lots
Off-street parking shall be provided in accordance with
Chapter 18.52.
D. Area D, Glen Lyon Commercial Site
1. 108 parking spaces shall be provided on-site according
to the approved Area D development plan.
22
2. The parking and access to Area D shall be managed
per the TDA Parking Report, pages 6 and 7, August
10, 1988, by the owner of the property.
3. No loading shall be allowed on the public right-
of-way along the South Frontage Road adjacent to
the Area D development.
4. The owner of the property and brewery management
shall prohibit semi-truck and trailer truck
traffic to the Glen Lyon Commercial site. The
only truck loading that shall be allowed to the
site shall be vans having a maximum length of 22
feet.
18.46.190 Recreation Amenities Tax Assessed
The recreational amenities tax due for the development
within SD4 under Chapter 3.20 shall be assessed at a rate
not to exceed twenty-five cents per square foot of the
floor are in Development Area A; and at a rate not to
exceed fifty cents per square foot of GRFA in Development
Area B; and at a rate not to exceed fifteen cents per
square foot of GRFA in Development Area C; and at a rate
not to exceed seventy-five cents per square foot of floor
area in Development Area D; and shall be paid in
conjunction with each construction phase prior to the
issuance of building permits.
18.46.200 Conservation and Pollution Controls
A. The developer's drainage plan shall include a provision for
prevention of pollution from surface runoff.
B. The developer shall include in the building construction,
energy and water conservation controls as general
technology exists at the time of construction.
C. The number of fireplaces permitted shall be as set forth in
Section 8.28.030 of the Town of Vail Municipal Code as
amended.
D. If fireplaces are provided within the development, they
must be heat efficient through the use of glass enclosures
and heat circulating devices as technology exists at the
time of development.
23
` E. All water features within Development Area A shall have
overflow storm drains per the recommendation of the
Environmental Impact Report by Jamar Associates on Page
34.
F. All parking structures shall have pollution control devices
to prevent oil and dirt from draining into Gore Creek.
G. In Area D, a manhole on the brewery ser~~ice line shall be
provided so that the Upper Eagle Valley Consolidated
Sanitation District may monitor BOD strength.
H. Tn Area D, the brewery management shall not operate the
brewery process during temperature inversions. It shall be
the brewery owner's responsibility to monitor inversions.
I. All trash compactors and trash storage areas shall be
completely enclosed within Special Development District 4.
J. Protective measures shall be used during construction to
prevent soil erosion into Gore Creek, particularly when
construction occurs in Areas A and D.
18.46.210 Additional Amenities and Conditions of Approval for Special
Development District No. 4.
A. The developer shall provide or work with the Town to
provide adequate private transportation services to the
owners and guests so as to transport them from the
development to the Village Core area and Lionshead area as
outlined in the approved development plan.
B. Developer shall provide in its approved development plan a
bus shelter of a design and location mutually agreeable to
developer and Town Council. Said shelter to serve the area
generally.
C. Area A, Cascade Village
1. The developer shall be responsible for providing a
break-away bollard for the emergency access road
between Eagle Pointe and Westhaven Drive. The design
of the bollard shall be mutually acceptable to the
developer and Town of Vail. This improvement shall be
.constructed when a building permit is requested for
24
the Cornerstone, Millrace III, Millrace IV, Westhaven
Condominiums, Waterford buildings, or Cascade Club
addition. The bollard shall be included in the permit
plans. The bollard shall be constructed subsequent to
the issuance of a building permit and prior to the
issuance of a temporary certificate of occupancy for
the Cornerstone, Millrace III, Millrace IV, Westhaven
Condominiums, Waterford buildings, or Cascade Club
addition.
2. The developer shall construct a sidewalk that begins
at the entrance to the Cascade Club along Westhaven
Drive and extends to the west in front of the
Westhaven building to connect with the recreational
path to Donovan Park. The walk shall be constructed
when a building permit is requested for Westhaven
Condominiums. The sidewalk shall be part of the
building permit plans. The sidewalk shall be
constructed subsequent to the issuance of a building
permit and prior to the issuance of a temporary
certificate of occupancy for Westhaven Condominiums.
3. The developer shall provide 100 year flood plain
information for the area adjacent to the Waterford and
Cornerstone buildings to the Town of Vail Community
Development Department before building permits are
released for either project.
4. The conditions for Area A in Sections 18.46.020 B,
18.46.180 A.1-7, 18.46.200 C, E, F, I, J, 18.46.210 C,
1-3, and 18.46.220 shall be set forth in restrictive
covenants subject to the approval of the Town Attorney
and once so approved shall be recorded on the land
records of Eagle County: The developer shall be
responsible for submitting the written conditions to
the Town Attorney within 30 days after the Town
Council's final approval of the SDD ordinance.
25
D. Area D, Glen Lvon Commercial Site
1. The developer shall agree to construct a bus LANE per
Town of Vail standards IN THE AREA OF THE PORTE-
COCHERE OF THE MICROBREWERY in Area D. The specific
location for the bus LANE shall be mutually agreed to
by the Area D owner and/or developer, Colorado
Division of Highways, and Town of Vail. The bus LANE
shall be constructed subsequent to the issuance of a
building permit and prior to the issuance of a
temporary certificate of occupancy for either the
brewery addition, office expansion, east office
building, or parking structure.
2. The developer shall relocate the existing bike path on
Area D and provide a new bike path easement across the
Glen Lyon property and CDOH property per the
development plan for Area D. The bike path shall be
constructed per Town of Vail standards. The bike path
shall be constructed subsequent to the issuance of a
building permit and prior to the issuance of a
temporary certificate of occupancy for either the
brewery addition, office expansion, east office
building, or parking structure. Such temporary
certificate of occupancies shall be conditional upon
construction of the bike path provided for herein.
THE BIKE PATH EASEMENT SHALL BE REPLATTED AND APPROVAL
OBTAINED FROM THE TOWN COUNCIL PRIOR TO THE ISSUANCE
OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR EITHER THE
BREWERY ADDITION, OFFICE EXPANSION, EAST OFFICE
BUILDING OR PARKING STRUCTURE.
3. The developer shall underground the electrical
utilities along the north side of the Glen Lyon
property from the northwest corner of the property to
the northeast corner of the property. This utility
work shall be constructed subsequent to the issuance
of a building permit and prior to the issuance of a
temporary certificate of occupancy for the brewery
addition, office expansion, east office building, or
26
parking structure. THE DEVELOPER SHALL BE REQUIRED TO
ESCROW FUNDS TO COMPLETE THE UNDERGROUNDING OF
UTILITIES ALONG THE NORTH SIDE OF AREA D FROM THE
NORTHWEST CORNER OF THE PROPERTY TO THE NORTHEAST
CORNER OF THE PROPERTY IF HOLY CROSS IS UNABLE TO
COMPLETE THE UNDERGROUNDING OF THE UTILITIES PRIOR TO
THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY
FOR THE BREWERY ADDITION, OFFICE EXPANSION, EAST
OFFICE BUILDING, OR PARKING STRUCTURE. THE AMOUNT OF
MONEY ESCROWED FOR THE UTILITY WORK SHALL BE APPROVED
BY HOLY CROSS AND THE TOWN COUNCIL.
4. The developer shall be responsible for relocating the
20 foot utility easement on the western portion of
Development Area D as well as obtaining approval from
the Town of Vail for the relocated utility easement
before a building permit is released for the micro-
brewery addition.
5. The developer of the Glen Lyon Office property shall
not file any remonstrance or protest against the
formation of a local improvement district of other
financing mechanism approved by the Vail Town Council
which may be established for the purpose of building
road improvements for the South Frontage Road.
6. The developer shall provide a fire hydrant per Town of
Vail Fire Department requirements.on the northwest
portion of the property. The specific location for
the fire hydrant shall be approved by the Vail Fire
Department. The fire hydrant shall be provided
subsequent to the issuance of a building permit and
prior to the issuance of a temporary certificate of
occupancy for the brewery addition, office expansion,
east office building, or parking structure.
7. THE DEVELOPER SHALL CONSTRUCT A DECELERATION LANE
ALONG SOUTH FRONTAGE ROAD PER THE CDOH ACCESS PERMIT.
8. The conditions for Area D in Sections 18.46.180 D,
18.46.200 C, F, G, H, I, J, 18.46.210 D, 1-7, and
18.46.220 shall be set forth in restrictive covenants
L~
subject to the approval of the Town Attorney and once
so approved shall be recorded on the land records of
Eagle County. The developer shall be responsible for
submitting the written conditions to the Town Attorney
FOR APPROVAL BEFORE A BUILDING PERMIT SHALL BE ISSUED
FOR THE MICRO-BREWERY, OFFICE EXPANSION, EAST OFFICE
BUILDING, OR PARKING STRUCTURE.
9. THE MINOR SUBDIVISION FOR AREA D SHALL BE DEVELOPED
PER THE FOLLOWING CONDITIONS:
a. THE DEVELOPMENT OF PARCELS A, B, C, AND D, SHALL
BE LIMITED TO THE SDD 4 DEVELOPMENT PLAN AND
GOVERNED BY THE SDD 4 ORDINANCE AS APPROVED BY
THE TOWN OF VAIL AND ON FILE WITH THE DEPARTMENT
OF COMMUNITY DEVELOPMENT OR AS AMENDED AND
APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ENVIRONMENTAL COMMISSION, AND/OR THE
VAIL TOWN COUNCIL
b. THE MINOR SUBDIVISION PLAT SHALL INCLUDE A
STATEMENT THAT DEVELOPMENT OF THE FOUR PARCELS
SHALL BE GOVERNED BY THE APPROVED SDD 4
DEVELOPMENT PLAN FOR AREA D AND GOVERNING
ORDINANCES.
c. THE COMMUNITY DEVELOPMENT DEPARTMENT AND TOWN OF
VAIL ATTORNEY SHALL HAVE THE RIGHT TO REVIEW AND
REQUIRE CHANGES IN ANY "AGREEMENTS OF TENANTS IN
COMMON", "CONVEYANCE OF EASEMENT AND PARTY WALL
AGREEMENTS", AND ANY OTHER EASEMENT OR OWNERSHIP
AGREEMENTS RELATED TO THE DEVELOPMENT OF PARCELS
A, B, C, AND D TO ENSURE THAT THE FOUR PARCELS
ARE DEVELOPED PER THE APPROVED DEVELOPMENT PLAN
IN SDD 4 ORDINANCE.
d. THE DEVELOPER SHALL• BE RESPONSIBLE FOR REPLATTING
THE 20 FOOT UTILITY EASEMENT ON THE WESTERN
PORTION OF DEVELOPMENT AREA D AS WELL AS
OBTAINING APPROVAL FROM THE TOWN OF VAIL FOR THE
NEW UTILITY EASEMENT BEFORE THE MINOR SUBDIVISION
PLAT IS RECORDED.
28
e. ANY MODIFICATIONS OR AMENDMENTS TO THE MINOR
f.
SUBDIVISION CONDITIONS OF APPROVAL AGREEMENT
SHALL BE REVIEWED AS A MAJOR AMENDMENT UNDER THE
PROCEDURES OUTLINED IN SECTION 18.40 OF THE TOWN
OF VAIL ZONING CODE.
THE CONDITIONS FOR THE MINOR SUBDIVISION IN
SECTION 18.46.210 D9 A, C, AND E, SHALL BE SET
FORTH IN RESTRICTIVE COVENANTS SUBJECT TO THE
APPROVAL OF THE TOWN ATTORNEY AND ONCE SO
APPROVED SHALL BE RECORDED ON THE LAND RECORDS OF
EAGLE COUNTY. THE DEVELOPER SHALL BE RESPONSIBLE
FOR SUBMITTING THE WRITTEN CONDITIONS TO THE TOWN
ATTORNEY BEFORE THE MINOR SUBDIVISION IS RECORDED
ON THE LAND RECORDS OF EAGLE COUNTY.
18.46.220 Employee Housing
The development of SDD 4 will have impacts on available employee
housing within the Upper Eagle Valley area. In order to help
meet this additional employee housing need, the developer(s) of
Areas A and D shall provide employee housing on site. The
developer(s) of Areas A and D shall build a minimum of 10
employee dwelling units within either Area A Westhaven
Condominium building or Area A Westhaven Condominium Building
and Area D East building. Each employee dwelling unit shall
have a minimum square footage of 648 square feet. The GRFA and
number of employee units shall not be counted toward allowable
density or GRFA for 5D4. The GRFA and number of employee
dwelling units shall be restricted as employee dwelling units
for 20 years plus the life of Tiffany Christine Lowenthal from
the date of final certificate of occupancy for said units. The
employee dwelling unit shall not be leased or rented for any
period. of less than 30 consecutive days, and that if rented, it
shall be rented only to tenants who are full time employees in
the Upper Eagle Valley. The Upper Eagle Valley shall be deemed
to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-
Vail, and Avon and their surrounding areas. A full time
employee is a person who works an average of 30 hours per week.
If a unit is sold, it shall be sold only to a full time employee
29
in the Upper Eagle Valley. The owner shall occupy the unit or
leases/rent as per the requirements in this section. The
employee dwelling unit shall not be divided into any form of
timeshares, interval ownership, or fractional fee ownership. A
declaration of covenants and restrictions shall be filed on
record in the office of the Eagle County Clerk and Recorder in a
form approved by the Town Attorney for the benefit of the Town
to ensure that the restrictions herein shall run with the land
befoz-e a building permit is released for the construction of the
employee units.
18.46.230 Time Requirements
SD4 shall be governed by the procedures outlined in Section
18.40.120 of the Town of Vail Municipal Code.
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 affeci~ 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 re-enactment 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 herek~y shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated
herein.
s0
INTRODUCED, READ AND PASSED ON FIRST READING THIS day of
1989, and a public hearing shall be held on this
ordinance on the day of , 1989 at 7:30 p.m. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this day of , 1989.
ATTEST:
Kent R. Rose, Mayor
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
• ~ ~ ~ 1
~_ EYiiIBIT "A"
KO.ELIIEL PROPERTY
DEVELOPi~lEi;T AREA A
Vail-Rose 12.370 acre
A part of the SW 1/4 NE 1/4 of Section 12,
Township•5 South, Range 81 West of the 6th P.M., described as
follows:
1 Beginning at a point on the West line of said SL~7 1/4
;, NE 1/4 from which the North one-quarter corner of said Section
bears North 0015` East 2269.48 feet; thence North 0015' East,
along said West Line, 152.36 feet to a point on the Southeasterly
right of way line of U.S. Highway rdo. 6; thence, along said
Southeasterly right of way line, as follo~•~s:
North 52027' East, 102.31 feet;
North 49°20' East, 519.57;feet; and
North 48°13' East, 549.09 feet, more or less, to a point
on thE~ North line of said SW 1/4 NE 1/4; thence North 88°33'
East, along the North line of said Sj•J 1/4 NE, 368 feet, more or
less, to a point on the centerline of Gore Creek; thence, along the
centerline of Gore Creek, as follows:
South
South
South
South
South
West, 1064.10 fe
Rose Parcel
36049' ~4est, 101.04 feet;
18021' West, 54.08 feet;
1024' West, 205.02 feet;
12010' West, 110.25 feet; and
28°41' jti'est, 242.35 feet, thence South 75°15'
=t to the point of beginning.
3.190 acre
A tract of land situated in the S~d1NE~ of Section 12,
TP 5 S., R. 81 W., of the 6th P.:i., lying Southerly of that certain
tract of land described in Book 199, Page 197, Northerly and
Westerly of the center line of Gore Creek, and lying Northerly and
Easterly of those certain tracts described in Book 211 at Page 106,
Book 211 at Page 108 and Book 215 at Page 365, described as
follows:
Beginning at a point on the North-South center line
of sa_Ld Section 12 whence the North quarter corner of said Section
12 bears N. 00015' E. 2269.48 feet;
thence N. 75°15' E. 346.26 feet to the true point of
beginning, said point being on the South line of that tract described
in Book 199, Page 197 and which bears S. 08026' E. 2205.34 feet
from t:he North quarter corner of said Section 12;
thence N. 75°15' E. 717.84 feet along the Southerly
line of that tract described in Book 199, Page 197 to the center
of Gore Creek;
thence S. 28041' W. 130.61 feet along the center line
of said Creek;
thence S. 05024'30" E. 104.50 feet along the center
line of said Creek;
- thence S. 49029' W. 95.50 feet along the center line
of said Creek;
thence S. 22034' W. 124.47 feet along the center line
of said Creek;
thence S. 54000' W. 119.34 feet along the center line
of said Creek; to the Southeast corner of that certain tract of
land described in Book 211, Page 108;
thence N. 33°16'30" W. 140.12 feet along the Easterly
line of that tract described in Book 2I1 at page 108;
thence N. 57042'30" W. 169.88 feet along the
Northeasterly line of that tract described in Book 211 at page 108;
thence N. 86°02'30" iJ. 162.92 feet along the Northerly
line of those tracts described in Book 211 at Page 108 Book 211
at Page lOG to.a point;
thence N. 32057' 30" t9. 76.08 feet along the
Northeasterly line of that tract described in Book 215 at Page
365, to the point of beginning.
- e ` o , ° ..
• ~o
• ~ • • ~ _ Vs s 6. 9 , •
Heede Parcel 1.260 acres
County of Eagle and State of Colorado, to wit:
A tract of land situated in the SW;NE-~, of Section 12, Township 5 ••
South, Range S1 West of the 6th Principal Meridian, described
as follows: Beginning at a point on the North-South center •
line of said Section 12 whence the North Quarter Corner of said
Section 12 bears North 00 degs. 15 mins. East 2269.48 feet; thence
North 75 degs. 15 mins. East 346.26 feet; thence South 32 degs.
57 mins. 30 secs. East 76.08 feet; thence South 11 degs. 00 mins.
30 secs. West 279.99 feet to a point in the center of Gore Creek;
thence North 50 degs. 32 mins. West 111.31 feet along the center
line of said creek; thence North 38 degs. 40 mins. West 239.09 feet
along the center line of said creek; thence South 76 degs.
35 mins. West 89.91 feet along the center line of said creek to a
point on the North-South center line of said Section 12; thence
North 00 degs. 15 mins. East 13.95 feet along the North-South
center line of said Section 12 to the point of beginning.
Total 16.820 acres
GORE CREEK ASSOCIATES PROPERTY
DEVELOP~IE`:T AREAS B, C & D
80.700 acres
Legal Description
All that part of Section 12, To~•mship 5 South, Range 81 West of
the 6th P.N1. , described as follows
All that part of the N~NEa of Section 12, lying Southerly of the
. Southerly right-of-way line of U.S. Highway No. 6 and Northerly
of the Southerly line of said N ENE; , as shoran on the plat on file
in the office of the Eagle County Clerk and Recorder as Document
No. 97489, described as follows:
Beginning at the highway survey monument at the intersection of the
Southerly line of said highway and the Easterly line of said
N~NE4j whence the Northeast corner of said Section 12 bears North
0003' West 634.785 feet;
thence South 73°26'30" West 1112.13 feet along the Southerly right
of way line of said highway;
thence South 70°34' West 125,10 feet along the Southerly right of
way line of said highway;
thence South 69°25' West 100,00 feet along the Southerly right of
way line of said highway;
thence South 65°50' West 100.00 feet along the Southerly line of
said highway;
thence South 62015' West 100,00 feet along the Southerly•right of
way line of said highway;
thence South 58°40' West 100.00 feet along the Southerly right of
way line of said highway;
thence South 55°05' West 100,00 feet along the Southerly right of
way line of said highway;
thence South 51032' West 100.00 feet along the Southerly right of
way line of said highway;
thence South 47°57' West 232.58 feet along the Southerly right of
way line of said highway to a point on the Southerly line of said
N ENE;;
thence North 88°33' East 497.67 feet along the Southerly line of
said N1NE4 to the center of the NE; of said Section 12;
thence North 88°33' East 1379.35 feet along the Southerly line of
said N 2NE; to .the Southeast corner of said N ;NE ;;
thence North 0°03' West 760.95 feet along the Easterly line of said
NINE; to its intersection with the Southerly line of said
highway, the point of beginning,
~~
` ~ ~ ~
• ~ CONTI~Ci'ED
AND
All that part of the S~4;NE; of Section 12, lying Southerly of
the center of Gore Creek as shown on the plat on file in the
office of the Eagle County Clerk and Recorder as Document No.
97489, described as follows:
Beginning at. the Northeast corner of said SW;NE;;
• thence South 88°33' West 131.67 feet to a point in the center of
-., said Creek;
~'"=`.-
thence South 40°09' West 94.04 feet along the center of said Creek;
thence South 18°21' West 54.08 feet along the center of said Creek;
thence South 1°24' West 205.02 feet along the center of said Creek;
thence South 12°10' West 110.25 feet along the center of said Creek;
thence South 28°41' West 320.00 feet;
thence South 5°24`30" East, 170.00 feet along the center of said
creek;
thence South 27°00'02" West 85.24 feet along the center of said
creek;
thence South 54°00' West 259.34 feet along the center of said
creek;
thence South 65°34' West 1.09.62 feet along the center of said
creek;
thence South 69004' West 1.86.13 feet along the center of said creek;
thence South 85°25' West E~8.88 feet along the center of said creek;
thence North 77°36' West 26.96 feet along the center of said creek;
thence North 50°32' West 199.19 feet along the center of said creek;
thence North 38°40' West 239.09 feet along the center of said creek;
thence South 76°35' ~•7est 89.91 feet along the center of said creek;
• to a point on the 6.7esterly line of said SW;NE;;
thence South 0015' West 4Ei1.90 feet to the center of said Section 12;
thence North 89.02' East 1382.65 feet along the Southerly line of
said S~•;;NE; to the Southeast corner of said SS4;NE;
thence North Oo06' East 1384.32 feet along the Easterly line of said
SWsNE; to the Northeast corner of said SWSNE;, the point of
beginning,
`~ AND
The NW;SE; of Section 12, Township 5 South, Range 81 t~7est of the
6th P.M.;
AND
A11 that part of the SE;NSJa of Section 12, Township 5 South, Range
81 West of the 6th P.M., lying Southerly of the Southerly right of
way line of U.S. Highway No. 6, as shown on the plat. on file in the
officEa of the Eagle County Clerk and Recorder as Document No. 97489,
descr~.bed as follows :
Beginning at the Southeast corner of said SE;Nti4;;
thencE~ South 89°02' West 836.95 feet along the Southerly line of
said SE;NW; to a point on. the Southerly right of way line of said
highway;
thencf~ North 52035' East 1057.07 feet along the Southerly right
of way line of said highway to a point on the Easterly line of said
SE;NW'; ;
thence South 0°15' West 628.21 feet along the Easterly line of said
SE4NW; to the Southeast corner of said SE;NW;, the point of
beginning;
EXCEPT THE FOLLOWING:
that part described in Book 188 at page 545;
that part described in Book 191 at page 241;
that part described in Book 203 at page 231;
C% ~
CONTINUED
that part described in Book 203 at page 531;
.-~
-~' .
that certain island adjacent to the above-described property,
located in the middle of Gore Creek, which the parties intend
to exclude from this transaction;
County of Eagle,
State of Colorado
' ' _ ',;;
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• tf"Y':
ALSO THE FOLLO~rlING PARCEL FORi•iERLY KNOIJN AS THE "COSGRIFF PARCEL"
A tract of land situated in the SW 1/4 NE 1/4 of
Section 12, Township S South, Range 81 [,lest of
the 6th Principal Meridian, lying ivorthwesterly
of the center line of Gore Creel: described as
follows:
Beginninv at a point khence the Forth Quarter
Corner of said Section 12 besrs I~. 11°03' k'.
2292.72 feet; thence S. 86°02'30" E. 89.50
feet; thence S. 54`42'30" E. 169.8& feet; thence
S. 33`16'30" E. 1~O.I2 feet to a point in the
center of said creel:; thence S. 65`34' [.'. 109.62
feet along the center 1inE of said creel:; thence
S. 6°`04' F.. 9Ci.78 feet a]ong the center line of
said creel: ; thence :~. X3`1%' 30" 4, . 317 .54 feet
to the point of beginning, containing 1.05 acre,
L',OrE Or lEcc s
F:LSU DESCi. 1 EED
.- ~.,
_:et_n-:i^.~ at c p:~il't l•:i:°-:CE ttlE :~0: t`. ,.:2-Lc:
,._9_~i~ lEE; t},c?-iCE ~ f:,`~~'1~" L ~:~~• ie['~t.;
thencE S. 57`25'x0" E. 165.46 feet; thence S.
• 32°59'30" E. 141.47 feet to a point in the
center of said creek; thence S. 65°31'36" W.
109.62 feet along the center line of said creek;
thence S. 69°01'36" [•1. 103.02 feEt a]ong the
Center 1 i ne of said cree}: ; thencE t:. 23 ` 24 ' 0~"
l•;. 319.09 feet to the point of beginr.in~..
TOGETHEF. W1TH an easenent as described in•Document
recorded AU~L'St 5, 1560 in Bool: 306 at Pale 443
...... .~E:..~l•~CEG i-. .:c~o1:~ 3C•- at ;~GCC C(' of the
Laf;le County records.
ALSO including all water and well ri€hts
• appurtenant to the above described property,
• including e,ithout lizritatior:, [~:el] Fermit IJo,
9!702, ~:ater rights decreed in Ci~'i] Action
ho. 2375 in Lag]E Countti• District Court, and
al ] that portio:, of ~:ater ri€hts decreed in
C;~se 1:0. 80 C[~; 4]0, [•:ater L'ivisior, 1:0. 5,
(GorE J:o. 1 [•7e11 - U.05 cis)
Y
~EC~ JUN - 2 '~~~iy
June 2, 1989
Mr. Ron Phillips
Town Manager
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Dear Ron:
There is a strong possibility that I will not be in town to attend the
public hearing for the Booth Creek Special Improvements District on
June 6, 1989. I would, therefore, like to address two very important
points that I feel are critical to the purpose of the District.
First of all, I want to reiterate my support for allocating the
improvement cost on a per property owner basis as has been used in your
Notice of the Public Hearing.
The property owners that were active in moving this project forward
addressed this issue early in the process and concluded that this
approach was the most fair considering the purpose for the Improvements.
The purpose is really two-fold. The primary consideration is life\
safety, the second is the removal of the affected properties from the
currrent hazzard designation. Since everyone shares in these benefits
equally, the allocation should be equal.
The second important point pertains to the removal of the properties to
be included in the Local Improvement District from the current "hazzard"
designation. I had hoped that this issue would be addressed in the
Public Hearing Notice since such removal is one of the principal reasons
for the significant expenditure by the affected property owners and the
Town of Vail.
During the Public Hearing process, I would like to have the Town Council
acknowledge the following:
That the engineering design contract provides that if the rockfall
mitigation devise is built as designed, then they will certify that the
rockfall hazzard has been adequately mitigated and,
That. upon receipt of such certification (or whatever such
applicable document is called) the Town Council will cause the
properties within the Improvement District to be removed from all such
rockfall hazzard designations.
Sincerely
~\\~
Jack Acuff
3235 Katsos Ranch Road
~.
~~~
~U~ek:~cec~ ~ ~4[~, ~rt.~.
.~~ 700
~a7ioyr~icun, ~~~,~riu~ 270.9.E
(~O~J 560 =~1~0,2
~~~.~ ~30~J 560=1769
May 30, 1989
Town Manager
75 South Frontage Road
Vail, CO 81657
Dear Sir:
As owner of Block 1, Lot 2, Unit 1, Marquez Duplex, '
Vail Village 12 Filing, I am writing to express my unqualified
support for the Town's actions in creating an improvement
district for the construction of the Booth Creek berms.
This is more than a matter of property value; it is
necessary for life safety.
Sin
Lyn
LD/sjb
cc: Jack Acuff
PROTEST
TOWN OF VAIL, COLORADO
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT
Name(s) of affected parcel owner(s) e ~~~ I~ ! ~ ~ ~-(~ ~
~. V~-N ~ -~ ~ ~
.---.
.S v,r .~-y~ ~ t
Mailing address of parcel owner(s):
Address of affected parcel e '~ (, ~ (~ ? ~ L ~ ~ y ~, \ V : \~~~ t~
Legal description of affected parcel a ~ (~,_ `~ -z ~ o ~ ~ y ~`
3 we ~ the affected parcel owner(s), do hereby wish to
protest the creation of the Town of Vail, Colorado, Booth creek
Local Improvement District, and state that Y(we) oppose said
district and the inclusion of our parcel in said district.
Signed this ~'~ day of ~ 1989.
0
Parcel Owner(s)e
(If signed by an agent or other
authorized person, include
evidence of said authority or agency.
~teturn this protest too
Vail, Colorado 81657.
Town Manager, 75 South Frontage Road,
~~ Ss~ '{ ~ ~ ~ 1 C L L < <M. ~ ~Jv ~'S' i..,:~._,,~ -~-o G :~ v t~ ~ ~ ~.b ~: ,l2 L/ ~. c_ ~ l .5 s ~~' r /~
a ~ "TZ-c % G~ ~ ~~ . j
a R ,~ r 1'L
~~ r !.~
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
The Town Council of the Town of Vail, Colorado, met in
regular session in full conformity with the Town Charter and the
applicable laws, rules and regulations of the Town, at the Vail
Municipal Building, Vail, Colorado, the regular meeting place
thereof, on Tuesday, the 6th day of June, 1989, at the hour of
7030 p.m.
The following members of the Town Council were present:
Mayoro Kent R. Rose
Mayor Pro Temo John C. Slevin
Council Members: Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
The following members of the Town Council were absent:
The following persons were also present:
Town Managera Rondall V. Phillips
Town Attorney: Lawrence A. Eskwith
Director of Adminis-
trative Services: Charles Wick
Thereupon the following proceedings, among others, were
had and taken:
Council Member introduced and moved the
approval on first reading of the following Ordinance, which was
then read by title, sufficient copies of the full Ordinance
having previously been made available to the Town Council and to
the publico
r
,.
ORDINANCE NO. 13
Series of 1989
AN ORDINANCE CREATING TOWN OF VAIL, COLORADO,
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT;
APPROVING THE PLANS FOR AND AUTHORIZING THE
CONSTRUCTION AND INSTALLATION OF SPECIAL AND
LOCAL IMPROVEMENTS THEREIN, IN CONNECTION WITH
WHICH SPECIAL ASSESSMENTS SHALL HEREAFTER BE
LEVIED TO PAY A PORTION OF THE COST
THEREOF; APPROVING THE METHOD OF APPORTIONING
SUCH ASSESSMENTS? MAKING FINDINGS AND
CONCLUSIONS BASED UPON EVIDENCE PRESENTED AT A
PUBLIC HEARING CONCERNING THE FOREGOING; AND
SETTING FORTH DETAILS IN RELATION THERETO.
WHEREAS, pursuant to the Charter of the Town of Vail,
Eagle County, Colorado (the "Town'°), Title 20 of the Vail Code
and Resolution No. 30, Series of 1988, the Town Council held a
public hearing on June 6, 1989, relating to the creation of a
local improvement district for the construction and installation
of certain special and local improvements to the Booth Creek area
of the Town; and
WHEREAS, the Town Council has considered the testimony
and other evidence presented at said hearing and all comments
made by affected parcel owners and members of the general public
relating thereto.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1. Based upon all the evidence, the Town
Council finds as follows:
1.1 Pursuant to Resolution No. 30, Series of
1988, the Town Council has duly initiated by appropriate order
the special and local improvement project (the "Project")
described herein.
-2-
r
1.2 The Town Manager or his delegee has duly held
administrative hearings relating to the Project for the purpose
of informing affected parcel owners about the same and about the
assessments proposed, and for the purpose of providing the
affected parcel owners the opportunity to respond thereto.
1.3 Notice of a public hearing on the Project and
assessments therefor and the formation of a local improvement
district in the required legal form was published in The Vail
Trail, a newspaper of general circulation in the Town, on May 26,
1989.
1.4 A copy of the same notice was mailed by
first-class mail, postage prepaid, on 'May 23, 1989, to all
affected parcel owners at their last known addresses as shown on
the real parcel assessment rolls for general (ad valorem) taxes
of Eagle County, Colorado, as of May 18, 1989. In addition,
steps were taken by Town officials to ascertain the current
owners of affected properties. and their addresses, if such
differed from the information shown in the tax records, and
attempts were made to furnish them with actual notice via mail.
Included with each mailed notice was a form entitled "Protest"
that could be used to protest against the Project.
1.5 All necessary legal requirements and
conditions precedent for initiation of the Project and for the
public hearing on the same held on June 6, 1989, have been fully
performed, met and satisfied.
1.6 A public hearing on the Project and
assessments therefore and the formation of a local improvement
district was duly held on June 6, 1989, and full opportunity was
afforded all affected parcel owners to present their views.
-3-
1.7 There have been no protests filed in
accordance with the Charter and Title 20 of the Vail Code. The
Town Council therefore finds and determines that protests were
filed by less than 50 percent of the affected parcel owners in
the proposed local improvement district. The Town Council hereby
determines that the Project should proceed, as it is necessary
for the preservation of the public health, safety and welfare and
is in the public interest.
1.8 Schematic design plans for the Project, which
generally includes constructing and installing certain berms and
barriers to prevent falling rock from reaching and damaging
private property, have been duly presented to the Town Council.
The schematic design plans are hereby approved.
1.9 The improvements to be constructed and
installed are special and local improvements that also confer
general benefits upon the Town. The Town Council finds it is
appropriate that the general public share in a portion of the
cost of the improvements. The total estimated cost of the
improvements is $335,000. The portion of the cost of the
improvements to be borne by the Town is $20,000. The portion of
the cost of the improvements to be defrayed by the levying of
special assessments against affected parcels specially benefited
thereby shall not exceed $315,000, except as permitted by the
Vail Code and as provided in the notices previously published and
mailed to affected parcel owners. The cost estimate and
apportionment are found to be satisfactory and reasonable in
every respect.
1.10 Parcels proposed to.be assessed abut or are
in the vicinity of the improvements to be constructed and
installed and will benefit from the construction and installation
thereof. The improvements will confer substantial special
-4-
benefits on all of the affected parcels within the boundaries of
the local improvement district, which special benefits are
separate and distinct from the general benefits to the Town that
will also result therefrom.
1.11 The proposed assessments on specially
benefited parcels have been determined by assessing an equal
amount of the total cost to be assessed against each parcel of
land within the proposed local improvement district. For
purposes of this ordinance, "parcel" shall mean a lot, tract or
parcel of land which is separately identified on the property tax
records of the Eagle County assessor's office. The Town Council
hereby determines that method of assessment to be fair and
equitable and that it results in a reasonable apportionment
consistent with the benefits to be conferred by the Project.
1.12 The Town has jurisdiction over the Booth
Creek area where the improvements are to be made and over all of
the affected parcels to be included in the local improvement
district.
Section 2. The Town Council finds, concludes and
orders as followse
2.1 The Town Council, in addition to the express
determinations hereinabove set forth, by the adoption of this
Ordinance finds that no protests, objections or remonstrances
were made, either in writing or orally at the public hearing.
2.2 There is hereby created within the corporate
limits of the Town of Vail, Eagle County, Colorado, a local
improvement district to be known and designated as "Town of Vail,
Colorado, Booth Creek Local Improvement District" (the
"District") for the purpose of constructing and installing
-5-
certain improvements to mitigate rockfall damage in the Booth
Creek area of the Town and of assessing a portion of the cost
thereof to the parcels specially benefited thereby.
2.3 The area to be included within the boundaries
of the District and to be assessed for a portion of the cost of
the improvements shall be all the real property described in
Exhibit A attached hereto.
2.4 The schematic designs for the improvements
are hereby approved, subject to modifications that could be
imposed due to cost constraints. The construction and
installation of the improvements within the District as shown by
the preliminary plans are hereby authorized and ordered.
2.5 The Town shall pay $20,000 of the cost of
constructing and installing the improvements. The remaining
costs shall be assessed against the parcels in the District.
2.6 The Town Council has determined, and does
hereby determine, that assessments shall be levied against the
affected parcels in the District (the parcels specially benefited
by the improvements therein) according to the method described in
Section 1.11 of this Ordinance.
2.7 After considering all of the circumstances
and weighing the factors specified in Title 20 of the Vail Code,
the Town Council has determined, and does hereby determine, that
as a result of the improvements to be constructed and installed
within the District each such parcel will receive a special
benefit in an amount which equals or exceeds the amount of the
particular assessment to be assessed against each parcel as
indicated on Exhibit A; that said method of assessment is a fair
and equitable method; and that the assessments are in proportion
-6-
to the special benefits conferred upon such parcels.
Accordingly, the method of assessment is hereby approved.
2.8 The proposed assessment schedule shown on
Exhibit A attached hereto is hereby approved. The assessments to
be levied against the affected parcels shall not exceed the
assessment amounts provided in said schedule except as provided
by the Vail Code and notice previously published and mailed to
affected parcel owners.
2.9 The total cost of the Project (excepting the
amount to be paid from sources other than special assessments)
shall be apportioned upon the substantial completion of the
improvements in an assessment roll against each parcel to be
assessed as herein described. After notice thereof and a hearing
thereupon, assessments shall be levied by ordinance of the Town
Council using the method of assessment provided for herein. The
assessments shall be a lien until paid in the several amounts
assessed against each such parcel from the effective date of the
assessing ordinance.
2.10 All assessments shall be due and payable
without demand within 30 days after the adoption and final
publication of the assessing ordinance. Parcel owners shall be
permitted, at their election, upon the levy of assessments to pay
such assessments on an installment basis in not more than 10
substantially equal annual installments beginning March 1, 1990
at an interest rate not to exceed twelve percent per annum, but
not less than the highest interest rate borne by any special
assessment bonds issued to pay the cost of the improvements.
Interest shall be computed on the outstanding principal and shall
be paid at the same times as installments of principal.
-7-
2.11 Pursuant to the laws of the State of
Colorado, the Town Charter, and Title 20 of the Vail Code,
special assessment bonds (the "Bonds") of the Town shall
hereafter be issued for the purpose of paying for the
improvements described in this Ordinance, in an aggregate
principal amount not to exceed the cost and expenses of providing
said improvements, including engineering, legal and incidental
costs, and interest as provided by law. The Bonds shall be
issued based upon estimates approved by the Town Council and as
authorized by an Ordinance to be passed by the Town Council at a
later date. The maximum met effective interest rate on the Bonds
is twelve percent per annum. The principal of and interest on
the Bonds shall be payable from the special assessments
authorized herein to be levied against the parcels of real
property within the District.
Section 3. The officers of the Town are hereby
authorized and directed to enter into such agreements and take
all action necessary or appropriate to effectuate the provisions
of this Ordinance and to comply with the requirements of law.
Section 4, All actions not inconsistent with the
provisions of this Ordinance heretofore taken by the Town and by
the officers thereof and directed toward the creation of the
District, the construction and installation of the improvements
therein, and the levy of assessments to pay a portion of the cost
thereof are hereby ratified, approved and confirmed.
Section 5. All ordinances or resolutions, or parts
thereof, in conflict with this Ordinance are hereby repealed.
This repealer shall not be construed to revive any ordinance of
part of any ordinance heretofore repealed.
-8-
Section 6. If any section, paragraph, clause of
provision of this Ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, class or provision shall not affect any
of the remaining provisions of this Ordinance.
Section 7. The Town Council finds that this Ordinance
is necessary to and for the benefit of the public interest and
the public health, safety, and welfare.
INTRODUCED, READ BY TITLE, PASSED ON FIRST READING,
APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 6th day of
June, 1989.
(TOWN
SEAL )
ATTEST:
Town Clerk
Town of Vail
1~[ayor
Town of Vail
-9-
READ BY TITLE, FINALLY APPROVED ON SECOND READING,
ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY THIS 20th day of
June, 19890
1~ayor
Town of Vail
(TOWN
SEAL)
ATTESTo
Town Clerk
Town of Vail
-10-
Exhibit A
Description of parcels to be assessed
and schedule of assessments
-11-
PROPOSED ASSESSMENT SCHEDULE
Amount of
Owner and Address Parcel Owned Assessment
Jack P, and Carol A. Acuff
P.O. Box 525
Vail, CO 81658
Block 1, Lot 5, Vail Village
12th Filing
$12,116
Pat and Anne Baker
3135 Booth Falls Court
Vail, CO 81657
Pat and Anne Baker
3135 Booth Falls Court
Vail, CO 81657
Edith A. Boulware
1104 Montecito Drive
San Angelo, TX 76901
Brandess-Cadmus Real Estate, Inc
281 Bridge Street
Vail, CO 81657
George H. Clowes, Jr.
Robert Lammerts
c/o Lammerts
125 Park Avenue
Oklahoma City, OK 73102
Block 1, Lot 10, Unit B, Vail Village
12th Filing Townhouse
Lot 1, Parcel B, Vail Village 12th Duplex
Resub of Lot 2
Block 2, Lot 6, Vail Village
12th Filing
Block 1, Lot 10, Unit A, Vail Village
12th Filing Townhouse
Block 2, Lot 3, Vail Village
12th Filing
$12,116
$12,116
$12,116
$12,116
$12,116
Crown Corr, Inc.
P.O. Box 1750
Highland, IN 46322
Lynn S. Deutschman
448 Garrison Forrest
Owings Mills, MD 21117
Daniel J. and Barbara A. Feeney
P. 0. Box 3385
Vail, CO 81658
John W. Gray
1902 West Colorado Avenue, Suite A
Colorado Springs, CO 80904
Edward J. Gund
P.O. Box 3145
Vail, CO 81658
Edward M. & Katherine Gwathmey
3226 Katsos Ranch Road
Vail, CO 81657
Jeanine Hallenbeck
3236 Katsos Ranch Road
Vail, CO 81657
Arthur S. and Shelby G. Kleimer
Lawrence and Susan C. Ast
P.O. Box 2244
Vail, CO 81658
Block i, Lot 11, Resubdivision of Lot 7,
Vail Village 12th Filing
Block 1, Lot 2, Unit 1, Marquez Duplex,
Vail Village 12th Filing
Block 2, Lot 2, Unit B, Vail Village
12th Filing
Block 1, Lot 6, Unit B, Vail Village
12th Filing Townhouse
Block 2, Lot 8, Vail Village
Filing 12
Block 1, Lot 2, Unit B Marquez Duplex
Block 1, Lot 4, Vail Village
12th Filing
Block 2, Lot 7, Vail Village
Filing 12
$12,116
$12,116
$12,116
$12,116
$12,116
$12,116
X12,116
$12,116
Robert P. Lammerts Block 2, Lot 4, Vail Village $12,116
125 Park Avenue 12th Filing
Oklahoma City, OK 73102
Robert Leavitt Parcel A, Vail Village $12,116
6065 South Quebec Street 12th Filing
Denver, CO 80111
Margem III Lot 8, Resubdivision of Lot 7, Block 1, $12,116
2525 Camino Del Rio South Parcel B-1, 8-2, Vail Village
San Diego, CA 92108 12th Filing Duplex
Charles H. L. McLaughlin Block 1, Lot 6, Unit A, Vail Village $12,116
P.O. Box 112 12th Filing Townhouse
Vail, CO 81658
Jorge A. and Sybill R. Navas Block 1, Lot 9, Resubdivision of Lot 7, $12,116
3255 Katsos Ranch Road Vail Village Filing 12
Vail, CO 81657
Jerome J. Ruther Parcel A, Vail Village 12th Duplex, Lot 3 $12,116
1245 Sunset Road a resubdivision of Lot 7, Vail Village
Winnetka, IL 60093 Filing 12
Michael D. and Cynthia Steimle Block 1, Lot 1, Vail Village $12,116
John D. and Ruth K. Steimle Filing 12
P.O. Box 2024
Vail, CO 81658
Ray E. Story and Pamela V. Story Block 1, Lot 3, Vail Village $12,116
3230 Katsos Ranch Road Filing 12
Vail, CO 81657
Joe H. Tonahill, Jr. Block 2, Lot 5, Unit A, Vail Village $12,116
P.O. Box 3326 12th Filing Townhouse
Vail, CO 81658
Joe H. Tonahill, Jr. Block 2, Lot 5, Unit B, Vail Village $12,116
P.O. Box 3326 12th Filing Townhouse
Vail, CO 81658
Vail Mountain School Block 2, Lot 12, Vail Village $12,116
P.O. Box 602 12th Filing
Vail, CO 81658
James H. and Thomas F. Heisberg Block 2, Lot 2, Unit A, Vail 'Village $12,116
Peggy Jo Epstein 12th Filing
P.O. Box 597
Denver, CO 80201
Council Member
the motion, and the question bein
reading of the foregoing Ordinance,
following resulto
duly seconded
upon the approval on first
the roll was called with the
Council Members voting "Yes": Kent R. Rose
John C. Slevin
Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
Council Members voting '°No"o
Council Members having voted in favor of said
motion, the Mayor thereupon declared the Ordinance duly approved
on first reading and directed that the Ordinance, as approved, be
published once in full in The Vail Trail, a newspaper of general
circulation within the Town and legally qualified for Town
publications, and that notice of the June 20, 1989 public hearing
on the ordinance be published as required by the Vail Code.
After consideration of other business to come before
the Town Council, the meeting was adjourned.
Town Clerk
Town of Vail
(TOWN
SEAL)
-12-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
The Town Council of the Town of Vail, Eagle County,
Colorado, met in regular session, in full conformity with the
Town Charter, ordinances and all other applicable laws, rules and
regulations, at the Municipal Building in ,Vail, Colorado, the
regular meeting place thereof, on Tuesday, the 20th day of June,
1989, at the hour of 7:30 p.m.
The following members of the Town Council were present:
Mayor: Kent R. Rose
Mayor Pro Tem: John C. Slevin
Council Members: Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
The following members of the Town Council were absent:
The following persons were also present:
Town Manager: Rondall V. Phillips
Town Attorney: Lawrence A. Eskwith
Director of Adminis-
trative Services: Charles Wick
Thereupon the following proceedings, among others, were
had and taken:
The Mayor informed the Town Council that Ordinance
No. _, Series of 1989, which was introduced, read by title,
passed on first reading, approved and ordered published in full
-13-
at a regular meeting of the Town Council held on June 6, 1989,
was duly published in full in The Vail Trail, a newspaper of
general circulation in the Town, in its issue of June 9, 1ggg,
and that the publisher's affidavit of said publication is now on
file in the office of the Town Clerk.
Council Member then introduced
said Ordinance a second time and read the Ordinance by its title,
sufficient copies of the full Ordinance having previously been
made available to the Town Council and to the public.
The Mayor then declared that this was the time and
place for a public hearing on the Ordinance and the meeting was
then opened for such purpose. After all persons had been given
an opportunity to speak, the hearing was declared closed.
Council Member
approval on second reading of said Ordinance.
moved the final
Council Member duly seconded the
motion, and the question being upon the final approval on second
reading of the said Ordinance, the roll was called with the
following result:
Council Members voting "Yes": Kent R. Rose
John C. Slevin
Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
Council Members voting "No":
-14-
motion, the
approved on
approved, be
newspaper of
qualified for
Council Members having voted
Mayor thereupon declared the
second reading and directed that
published by title only in ~
general circulation within the
Town publications.
in favor of said
Ordinance finally
the Ordinance, as
'he Vail Trail, a
Town and legally
After consideration of other business to come before
the Council, the meeting was adjourned.
Town Clerk
Town of Vail
(TOWN
SEAL)
-15-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
I, Pamela A. Brandmeyer, the duly qualified and acting
Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby
certify that the foregoing pages 1 to 15, inclusive, constitute a
true and correct copy of the Record of the Proceedings of the
Town Council of the Town, taken at regular meetings thereof held
at the Municipal Building in Vail, Colorado, on Tuesday, the 6th
day of June, 1989, commencing at the hour of 7:30 p.m. and on
Tuesday, the 20th day of June, 1989, commencing at the hour of
7e30 p.m., as recorded in the official Record of the Proceedings
of the Town kept in my office, insofar as said proceedings relate
to Ordinance No. _, Series of 1989, creating Town of Vail,
Colorado, Booth Creek Local Improvement District, authorizing the
construction and installation of special and local .improvements
therein, and approving the method of apportioning assessments to
pay a portion. of the cost thereof; that said proceedings were
duly had and taken; that said meetings were duly held; and that
the persons were present at said meetings as therein shown.
It is hereby further certified that the Ordinance was
published in full in The Vail Trail, a newspaper published and
having general circulation in the Town and legally qualified for
Town publications, on June 9, 1989, and by title only in said
newspaper on June 23, 1989, as evidenced by the affidavits of
publication attached hereto.
IN WITNESS WHEREOF, the undersigned has hereunto set
her hand and the seal of the Town this day of June, 1989.
(TOWN
SEAL)
Town Clerk
Town of Vail
-16-
Affidavit of publication of Ordinance in full
and notice of public hearing thereon.
-17-
Affidavit of publication of Ordinance by title only.
-18-
RESOLUTION N0. 24
Series of 1989
A RESOLUTION CREATING A TEMPORARY TOWN OF VAIL
MARKETING ADVISORY 80ARD.
WHEREAS, in accordance with Article 8 of the Town Charter, the Town Council has
the power to appoint advisory boards and commissions; and
WHEREAS, marketing the Town of Vail and its environs is currently of great
importance given the desires of the Council to increase tourism, particularly in the
summer and shoulder seasons; and
WHEREAS, the Town Council would be greatly benefited by the formation of a
temporary Board whose purpose is to do in-depth analysis and study of marketing
issues and advise the Town Council.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
1. Creation
There is hereby created by the Town Council a temporary Marketing Board in
accordance with Chapter 8 of the Town Charter composed of seven (7) members who
shall act in accordance with the Charter, and the direction of the Town Council and
the ordinances of the Town.
2. Term of Existence of Advisory Board
The Marketing Advisory Board shall exist for a period of two (2) years
unless said period is shortened or extended by the Town Council.
3. Members
The temporary Marketing Advisory Board shall have seven (7) members
appointed by the Town Council and their term of service shall be for two (2) years.
The members appointed by the Council shall be in the following numbers and shall be
appointed from the following entities:
A. Three (3) members of the Vail Town Council
B. Two (2) members from the Town of Avon
C. Two (2) members from Vail Associates, Inc.
All members shall serve at the will of the Town Council and shall be
subject to removal by the Town Council for inefficiency, neglect of duty, failure to
attend meetings, malfeasance in office, or any other reason the Town Council deems
proper.
4. Vacancies
Vacancies occurring on the temporary Marketing Advisory Board for reason of
expiration of the term of the member, removal, termination by operation of law, or
resignation, shall be filled by a majority vote of the Town Council. The Board
shall select its own Chairman and (lice Chairman from among its members.
5. Purpose
The purpose of the temporary Vail Marketing Advisory Board shall be to
study how tourism within the Vail Valley may best be increased through marketing,
develop a marketing plan for the Town Council's approval, interview and suggest the
selection of professional individuals and organizations who are most qualified to
implement the marketing program, and to report to the Town Council either orally or
in writing regarding all marketing issues.
INTRODUCED, READ, APPROVED AND ADOPTED this day of 1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
RESOLUTION N0. 25
Series of 1989
A RESOLUTION SETTING THE DATE FOR A SPECIAL ELECTION
TO SUBMIT THE QUESTION OF THE TOWN'S PARTICIPATION IN
THE EAGLE COUNTY TELEVISION TRANSLATOR DISTRICT.
WHEREAS, Section 5.7 of the Town Charter provides that that Town Council may
submit any question to the registered electors of the Town; and
WHEREAS, the Town Council wishes to submit the question of whether or not the
Town should participate in the proposed Eagle County Television Translator District
to the registered electors of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
1. A special election is hereby set for July 11, 1989 for the purpose of
submitting the question of the Town's participation in the Eagle County Translator
District tot he registered voters of the Town.
2. The Town Clerk is hereby directed to take all steps required by law for the
purpose of holding said special election.
INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of
June 1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
9
v
TOe Planning and Environmental Conunission
FROMo Community Development Department
DATEo May 8, 1989
SUBJECTe A request for a Conditional Use permit to allow two
additional tennis courts and a pro shop at Ford Park.
APPLICANTo Vail Metropolitan Recreation District
I. DESCRIPTION OF PROPOSED USE
The Vail Metropolitan Recreation District is requesting
approval of a conditional use permit which would allow for
the development of two exhibition tennis courts and a pro
shop. The new tennis courts and associated pro shop would be
located immediately south of the existing tennis courts. The
new courts would be sunken and would serve as exhibition
courts. Berming around the perimeter of the courts will
serve as seating for tennis exhibitions. A tennis pro shop
of 1549 square feet is proposed to the east of the exhibition
courts and will be utilized as the VMRD tennis headquarters.
Included in the proposed building will be the pro shop, a
lounge area, restroom facilities and some office space.
The Ford Park Master Plan was amended earlier this year to
allow for the potential addition of four tennis courts as
well as the the addition of an aquatic center. There are
site problems with the originally proposed tennis courts to
the east of the existing courts. Fill and retainage costs
prohibit VN~2D from proceeding with construction of these
courts in 1989. Further discussion as to these courts'
eventual siting is required.
II. ZONING
The entir
This zone
paths and
request is
other than
district,
permit.
e Ford Park area is currently zoned Public Use.
district allows public parks, playgrounds, bicycle
open space as uses by right. The applicant's
categorized as "public recreation facilities"
those stated above, and is permitted in the zone
subject to the issuance of a Conditional Use
III. CRITERIA AND FINDINGS
Upon review of Section 18.60, the Community Development
Department recommends approval of the conditional use permit
based upon the following factors:
f
D ~
1.. Consideration of Factors.
A. Relationship and impact of the use on development
objectives of the Town.
The Public Use zone district states that "the
district is intended to ensure that public
buildings and grounds and certain types of quasi-
public uses permitted in the district are
appropriately located and designed to meet the
needs of residents and visitors to Vail, to
harmonize with surrounding uses, and,...to ensure
adequate light, air, open spaces, and other
amenities appropriate to the permitted types of
uses." (TUV zoning code 18.36.010)
The intent of this proposal is to provide a high
quality tennis facility in one concentrated area of
the Town. The two proposed courts are also needed
to replace the courts lost at Golden Peak due to
the Children's Center Construction.
B. The effect of the use of light and air
distribution of population, transportation
facilities, utilities, schools, parks and
recreation facilities, and other public facilities
needs.
This proposal will have a positive effect upon the
existing recreational uses and facilities at Ford
Park. Supplementing the existing six tennis courts
with the proposed two court expansion will
alleviate the existing problem of coordinating
tournaments and tennis camps at a variety of
locations throughout the Town.
C. The effect upon traffic with particular reference
to congestion, automotive and pedestrian safety and
convenience, traffic flow and control, access,
maneuverability, and removal of snow from the
street and parking areas.
., Traffic flow and circulation will remain as is.
The existing parking area will also be unchanged,
with the east lot being able to accommodate
approximately 190 vehicles., plus an additional 40
vehicles in the west lot. Overall, parking is more
than adequate to accommodate the proposed
expansion.
3
D. Effect upon the character of the area in which the
proposed use is to be located including the scale
and bulk of the proposed use in relation to
surrounding uses.
The character of the Ford Park upper bench is
clearly recreational. Staff believes that this
proposal will enhance the recreational experiences
of those using the facility. The pedestrian
connection from the parking area to the lower
bench (amphitheatre) will remain in essentially the
same location, however some realignment will be
necessary to accommodate the new facilities. A
landscape plan which utilizes similar plant
materials as the existing landscaping in the lower
bench area is also included in this project, (see
copy attached).
IV. Such other factors and criteria as the commission deems
applicable to the proposed use.
V. FINDINGS
The Community Development Department recommends that the
conditional use permit be based on the following findings:
That the proposed location of the use is in accord with
the purposes of this ordinance and the purposes of the
district in which the site is located.
That the proposed location of the use and the conditions
under which it would be operated or maintained would not
be detrimental to the public health, safety, or welfare
or materially injurious to properties or improvements in
the vicinity.
That the proposed use would comply with each of the
applicable provisions of this ordinance.
VI. STAFF RECOMMENDATION
Staff recommends approval of the Conditional Use permit
request. We feel strongly that it is good planning to locate
as many of the tennis courts as possible on public lands to
ensure availability to the community in the long term. An
eight-court complex also resolves the current problem of
holding tournaments and tennis camps at a variety of
locations throughout the Town.
a;
,. ``
_, .' ~ a,
DAN G. GRIFFIN
KIRK RIDER
JAMES S. CASEBOLT
RONALD W. GIBBS
CATHY P. HOLLINGSWORTH
EARL G. RHODES
TIMMS R. FOWLER
MARK R. LUFF
VEULIN V. WILLETT
YOUNGE & HOCKENSMITH
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
200 GRAND AVE., SUITE 500
P.O. BOS 1768
GRAND JUNCTION, COLORADO 81502-1768
303-242-2645 FA!C 303-2415719
May 16, 1989
Lawrence A. Eskwith, Town Attorney
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
REo Ordinance No. 38, Series of 1988
Dear Larrya
R~.C'D SAY 1 7 189
OF COUNSEL
THOMAS K. VOUNGE
FRANK M. HOCKENSMITH
This office has been contacted by Trevor and Sam Bradway in
regard to expenditure of funds by the Town of Vail, which have
been generated by the above ordinance. Their specific concern
is the use of Town funds to exclusively promote the reservation
system provided by the Vail Resort Association and the perceived
exclusion from these advertising efforts of the reservation
system of the Bradways°, Vail Reservations, Inc. It is the
Bradways° desire that any public monies generated by the above
ordinance be used in such a fashion as to fairly depict the
reservation services which are available in Vail and not just
exclusively promote the service provided by the Vail Resort
Association. Specifically, the Bradways are desirous of having
their business and their business°s 11800°' and other numbers in
any advertising and brochures which provide the name and
telephone number of the reservation service of the Vail Resort
Association.
I have briefly reviewed Ordinance No. 38 and the concerns raised
by the Bradways at the time of its adoption. Although the
Bradways are not presently desirous of resolving this matter in
court, it appears that the Ordinance on its face and as applied
is subject to legal attack. The Ordinance on its face appears
to be an income tax, which is violative of the Colorado
Constitution, Article X, Section 17. In Board of Trustees v.
Foster Lumber Company, Inc., 190 Colo. 479, 548 P.2d 1276 (Colo.
1976), the court struck down an ordinance of the Town of
Minturn, which imposed an "occupation tax" on all construction
1}
V ` a
Lawrence A. Eskwith, Town Attorney
Town of Vail
May 16, 1989
Page Two
and building materials, businesses, and occupations. The court
did so, since it determined that the tax was in actuality an
income tax as opposed to a business, license fee. An indicator
of a business, license fee is that it is fixed at a flat rate.
An indicator of an income tax is any situation where the amount
paid has a direct relationship to the income or receipts of a
business. In the instant case, your Ordinance is clearly
replete with references to the amount of activity of the person
paying the tax. Clearly, there is no fired, flat rate
involved. Thus, the above Ordinance may be illegal as violative
of this provision of the Colorado Constitution.
This subject Ordinance also appears to be subject to attack as a
violation of Article XI, Section 2 of the Colorado
Constitution. It appears that public funds are being used to
promote a private corporation, Vail Resort Association. As
such, this runs afoul of the constitutional prohibition. In In
Re Interrogatories House Bill No. 1247, 193 Colo. 298, 566 P.2d
350 (Colo. 1977), the court noted that in order to avoid the
constitutional prohibitions in Article XI, money can only be
passed from one public body to another, at page 306. Likewise,
the money must be used for a valid, public purpose. Although
economic development may generally benefit the Vail business
economy, to the extent the Bradways are required to pay this
business, license fee and are excluded from the promotional
material, no public purpose is served.
Finally, there are concerns about how the Ordinance is being
applied. If the Vail Resort Association is listed exclusively,
then Vail Reservations, Inc. will be in the unique position of
being the only Vail business not to benefit from license fees.
This raises issues of anti-competitive practice when either the
Town or a private entity on behalf of the Town promotes one Vail
business, the Vail Resort Association, over another, Vail
Reservations, Inc.
It is not the intent of the Bradways to threaten litigation, but
rather to direct your attention to their concerns about being
excluded from the public information soon to be disseminated and
this office's concerns about the validity of the Ordinance, both
on its face and as applied.
~,
. ~ y ~ ~
Lawrence A. Eskwith, Town Attorney
Town of Vail
May 16, 1989
Page Three
I am going to call you next week about this matter. Thank you
for taking the time to review this.
Very truly yours,
YOUNGE & HOCKENSMITH
Professional Corporation
By G ~~-~2~~~
Earl G. Rhodes
EGR:sma
cc: Trevor and Sam Bradway
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P. O. DRAWER 369 o VAIL, COLORADO 81658
(303)476-1234 DENVER / 571-1833
May 3, 1989
Mr. Larry Eskwith, Counsel
TOWN OF VAIL
75 South Frontage Road
Vail, CQ 81657
HAND DELIVERED AND CERTIFIED MAIL
Reply No. P-575 52 768
SUBJECT: Town of Vail Summer Marketing
Dear Larry:
As you may recall I (and others) raised a number of concerns about the new Town
of Vail Business License at the public hearing on that ordinance last year. One
of those concerns had to do with using public funds to directly or indirectly
promote private entities.
It has recently come to my attention that the Marketing Committee plans. to list
the Vail Resort Association as the official (or only) entity to handle lodging
(and other) reservation requests in brochures, advertising and so forth and to
promote the VRA in other ways. Clearly this would be very detrimental to my
business which, after all, provides essentially the same service.
Two possible solutions come to mind: 1. provide equal billing to all central
reservation entities or, 2, promote SummerVail itself without providing any
central reservations phone numbers.
In any event this matter is of deep concern to me. I would hope it is satis-
factorily resolved before it is too late and the damage is done. I would
appreci th? Town's response to this as soon as possible. Thanks.
Ver truly ;you ,?
V IL RESE~~VA ONS, INC.
~.
Trev r T. Bradway
President
Copy/Ron Phillips
TTB/sb
SERVING THE VAIL AND BEAVER CREEK RESORTS
TOLL FREE RESERVATIONS (800)525-8930
A"1QfKOn~'¢ry LODGING o SKI PACKAGES ® SKI TICKETS ® ACTIVITIES o TRANSPORTATION
cf Trovel Agents
••~~s;~
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6i
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
The Town Council of the Town of Vail, Colorado, met in
regular session in full conformity with the Town Charter and the
applicable laws, rules and regulations of the Town, at the Vail
Municipal Building, Vail, Colorado, the regular meeting place
thereof, on Tuesday, the 6th day of June, 1989, at the hour of
7:30 p.m.
The following members of the Town Council were present:
Mayor: Kent R. Rose
Mayor Pro Tem: John C. Slevin
Council Members: Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
The following members of the Town Council were absent:
The following persons were also present:
Town Manager: Rondall V. Phillips
Town Attorney: Lawrence A. Eskwith
Town Clerk: Pamela A. Brandmeyer
Director of Adminis-
trative Services: Charles Wick
Thereupon the following proceedings, among others, were
had and taken:
Council Member introduced and moved the
approval on first reading of the following Ordinance, which was
then read by title, sufficient copies of the full Ordinance
having previously been made available to the Town Council and to
the public:
~,
ORDINANCE NO. 13
Series of 1989
AN ORDINANCE CREATING TOWN OF VAIL, COLORADO,
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT;
APPROVING THE PLANS FOR AND AUTHORIZING THE
CONSTRUCTION AND INSTALLATION OF SPECIAL AND
LOCAL IMPROVEMENTS THEREIN, IN CONNECTION WITH
WHICH SPECIAL ASSESSMENTS SHALL HEREAFTER BE
LEVIED TO PAY A PORTION OF THE COST
THEREOF; APPROVING THE METHOD OF APPORTIONING
SUCH ASSESSMENTS; MAKING FINDINGS AND
CONCLUSIONS BASED UPON EVIDENCE PRESENTED AT A
PUBLIC HEARING CONCERNING THE FOREGOING; AND
SETTING FORTH DETAILS IN RELATION THERETO.
WHEREAS, pursuant to the Charter of the Town of Vail,
Eagle County, Colorado (the "Town"), Title 20 of the Vail Code
and Resolution No. 30, Series o,f 1988, the Town Council held a
public hearing on June 6, 1989, relating to the creation of a
local improvement district for the construction and installation
of certain special and local improvements to the Booth Creek area
of the Town; and
WHEREAS, the Town Council has considered the testimony
and other evidence presented at said hearing and all comments
made by affected parcel owners and members of the general public
relating thereto.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1. Based upon all the evidence, the Town
Council finds as follows:
1.1 Pursuant to Resolution No. 30, Series of
1988, the Town Council has duly initiated by appropriate order
the special and local improvement project (the "Project")
described herein.
-2-
1.2 The Town Manager or his delegee has duly held
administrative hearings relating to the Project for the purpose
of informing affected parcel owners about the same and about the
assessments proposed, and for the purpose of providing the
affected parcel owners the opportunity to respond thereto.
1.3 Notice of a public hearing on the Project and
assessments therefor and the formation of a local improvement
district in the required legal form was published in The Vail
Trail, a newspaper of general circulation in the Town, on May 26,
1989.
1.4 A copy of the same notice was mailed by
first-class mail, postage prepaid, on May 23, 1989, to all
affected parcel owners at their last known addresses as shown on
the real parcel assessment rolls for general (ad valorem) taxes
of Eagle County, Colorado, as of May 18, 1989. In addition,
steps were taken by Town officials to ascertain the current
owners of affected properties and their addresses, if such
differed from the information shown in the tax records, and
attempts were made to furnish them with actual notice via mail.
Included with each mailed notice was a form entitled "Protest"
that could be used to protest against the Project.
1.5 All necessary legal requirements and
conditions precedent for initiation of the Project and for the
public hearing on the same held on June 6, 1989, have been fully
performed, met and satisfied.
1.6 A public hearing on the Project and
assessments therefore and the formation of a local improvement
district was duly held on June 6, 1989, and full opportunity was
afforded all affected parcel owners to present their views.
-3-
i
1.7 There have been protests filed in
accordance with the Charter and Title 20 of the Vail Code. The
Town Council therefore finds and determines that protests were
filed by less than 50 percent of the affected parcel owners in
the proposed local improvement district. The Town Council hereby
determines that the Project should proceed, as it is necessary
for the preservation of the public health, safety and welfare and
is in the public interest.
1.8 Schematic design plans for the Project, which
generally includes constructing and installing certain berms and
barriers to prevent falling rock from reaching and damaging
private property, have been duly presented to the Town Council.
The schematic design plans are hereby approved.
1.9 The improvements to be constructed and
installed are special and local improvements that also confer
general benefits upon the Town. The Town Council finds it is
appropriate that the general public share in a portion of the
cost of the improvements. The total estimated cost of the
improvements is $355,000.. The portion of the cost of the
improvements to be borne by the Town is $20,000. The portion of
the cost of the improvements to be defrayed by the levying of
special assessments against affected parcels specially benefited
thereby shall not exceed $335,000, except as permitted by the
Vail Code and as provided in the notices previously published and
mailed to affected parcel owners. The cost estimate and
apportionment are found to be satisfactory and reasonable in
every respect.
1.10 Parcels proposed to be assessed abut or are
in the vicinity of the improvements to be constructed and
installed and will benefit from the construction and installation
thereof. The improvements will confer substantial special
-4-
benefits on all of the affected parcels within the boundaries of
the local improvement district, which special benefits are
separate and distinct from the general benefits to the Town that
will also result therefrom.
1.11 The proposed assessments on specially
benefited parcels have been determined by assessing an equal
amount of the total cost to be assessed against each parcel of
land within the proposed local improvement district. For
purposes of this ordinance, "parcel" shall mean a lot, tract or
parcel of land which is separately identified on the property tax
records of the Eagle County assessor's office. The Town Council
hereby determines that method of assessment to be fair and
equitable and that it results in a reasonable apportionment
consistent with the benefits to be conferred by the Project.
1.12 The Town has jurisdiction over the Booth
Creek area where the improvements are to be made and over all of
the affected parcels to be included in the local improvement
district.
Section 2. The Town Council finds, concludes and
orders as follows:
2.1 The Town Council, in addition to the express
determinations hereinabove set forth, by the adoption of this
Ordinance hereby denies all protests, objections or remonstrances
that were made, either in writing or orally at the public
hearing.
2.2 There is hereby created within the corporate
limits of the Town of Vail, Eagle County, Colorado, a local
improvement district to be known and designated as "Town of Vail,
Colorado, Booth Creek Local Improvement District" (the
-5-
"District")_ for the purpose of constructing and installing
certain improvements to mitigate rockfall damage in the Booth
Creek area of the Town and of assessing a portion of the cost
thereof to the parcels specially benefited thereby.
2.3 The area to be included within the boundaries
of the District and to be assessed for a portion of the cost of
the improvements shall be all the real property described in
Exhibit A attached hereto.
2.4 The schematic designs for the improvements
are hereby approved, subject to modifications that could be
imposed due to cost constraints. The construction and
installation of the improvements within the District as shown by
the preliminary plans are hereby authorized and ordered.
2.5 The Town shall pay $20,000 of the cost of
constructing and installing the improvements. The remaining
costs shall be assessed against the parcels in the District.
2.6 The Town Council has determined, and does
hereby determine, that assessments shall be levied against the
affected parcels in the District (the parcels specially benefited
by the improvements therein) according to the method described in
Section 1.11 of this Ordinance.
2.7 After considering all of the circumstances
and weighing the factors specified in Title 20 of the Vail Code,
the Town Council has determined, and does hereby determine, that
as a result of the improvements to be constructed and installed
within the District each such parcel will receive a special
benefit in an amount which equals or exceeds the amount of the
particular assessment to be assessed against each parcel as
indicated on Exhibit A; that said method of assessment is a fair
-6-
and equitable method; and that the assessments are in proportion
to the special benefits conferred upon such parcels.
Accordingly, the method of assessment is hereby approved.
2.8 The proposed assessment schedule shown on
Exhibit A attached hereto is hereby approved. The assessments to
be levied against the affected parcels shall not exceed the
assessment amounts provided in said schedule except (a) if actual
construction costs exceed estimated construction costs (but only
to the maximum of an additional fifteen percent), (b) if land
acquisition costs exceed estimated costs, or (c) if separate and
additional elements of cost are incurred in construction or for
other items which are of a nature generally nat foreseen and
included in the construction costs at the time of estimate, as
provided by Section 20.04.080 of the Vail Code and the notice
previously published and mailed to affected parcel owners.
2.9 The total cost of the Project (excepting the
amount to be paid from sources other than special assessments)
shall be apportioned upon the substantial completion of the
improvements in an assessment roll against each parcel to be
assessed as herein described. After notice thereof and a hearing
thereupon, assessments shall be levied by ordinance of the Town
Council using the method of assessment provided for herein. The
assessments shall be a lien until paid in the several amounts
assessed against each such parcel from the effective date of the
assessing ordinance.
2.10 All assessments shall be due and payable
without demand within 30 days after the adoption and final
publication of the assessing ordinance. Parcel owners shall be
permitted, at their election, upon the levy of assessments to pay
such assessments on an installment basis in not more than 10
substantially equal annual installments beginning March 1, 1990
-7-
at an interest rate not to exceed twelve percent per annum, but
not less than the highest interest rate borne by any special
assessment bonds issued to pay the cost of the improvements.
Interest shall be computed on the outstanding principal and shall
be paid at the same times as installments of principal.
2.11 Pursuant to the laws of the State of
Colorado, the Town Charter, and Title 20 of the Vail Code,
special assessment bonds (the "Bonds") of the Town shall
hereafter be issued for the purpose of paying for the
improvements described in this Ordinance, in an aggregate
principal amount not to exceed the cost and expenses of providing
said improvements, including engineering, legal and incidental
costs, and interest as provided by law. The Bonds shall be
issued based upon estimates approved by the Town Council and as
authorized by an Ordinance to be passed by the Town Council at a
later date. The maximum met effective interest rate on the Bonds
is twelve percent per annum. The principal of and interest on
the Bonds shall be payable from the special assessments
authorized herein to be levied against the parcels of real
property within the District.
Section 3. The officers of the Town are hereby
authorized and directed to enter into such agreements and take
all action necessary or appropriate to effectuate the provisions
of this Ordinance and to comply with the requirements of law.
Section 4. All actions not inconsistent with the
provisions of this Ordinance heretofore taken by the Town and by
the officers thereof and directed toward the creation of the
District, the construction and installation of the improvements
therein, and the levy of assessments to pay a portion of the cost
thereof are hereby ratified, approved and confirmed.
-8-
Section 5. All ordinances or resolutions, or parts
thereof, in conflict with this Ordinance are hereby repealed.
This repealer shall not be construed to revive any ordinance of
part of any ordinance heretofore repealed.
Section 6. If any section, paragraph, clause of
provision of this Ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, class or provision shall not affect any
of the remaining provisions of this Ordinance.
Section 7. The Town Council finds that this Ordinance
is necessary to and for the benefit of the public interest and
the public health, safety, and welfare.
INTRODUCED, READ BY TITLE, PASSED ON FIRST READING,
APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 6th day of
June, 1989.
(TOWN
SEAL)
ATTEST:
Town Clerk
Town of Vail
Mayor
Town of Vail
-9-
READ BY TITLE, FINALLY APPROVED ON SECOND READING,
ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY THIS 20th day of
June, 1989.
Mayor
Town of Vail
(TOWN
SEAL)
ATTEST:
Town Clerk
Town of Vail
-10-
EXHIBIT A
n
Jack P. and Carol A. Acuff
P.O. Box 525
Vail, CO 81658
Pat and Anne Baker
3135 Booth Falls Court
Vail, CO 81657
Pat and Anne Baker
3135 Booth Falls Court
Vail, CO 81657
Edith A. Boulware
1104 Montecito Drive
San Angelo, TX 76901
Brandess-Cadmus Real Estate, Inc.
281 Bridge Street
Vail, CO 81657
George H. Clowes, Jr.
Robert Lammerts
c/o Lammerts
125 Park Avenue
Oklahoma City, OK 73102
PROPOSED ASSESSMENT SCHEDULE
Amount of
Parcel Owned Acc ccm n
Block 1, Lot 5, Vail Village $12,885
12th Filing
Block 1, Lot 10, Unit B, Vail Village $12,885
12th Filing Townhouse
Lot 1, Parcel B, Vail Village 12th Duplex $12,885
Resub of Lot 2
Block 2, Lot 6, Vail Village $12,885
12th Filing
Block 1, Lot 10, Unit A, Vail Village $12,885
12th Filing Townhouse
Block 2, Lot 3, Vail Village $12,885
12th filing
A-1
Crown Corr, Inc. Block 1, Lot 11, Resubdivision of Lot 7, $12,885
P.O. Box 1750 Vail Village 12th Filing
Highland, IN 46322
Lynn S. Deutschman Block 1, Lot 2, Unit 1, Marquez Duplex, $12,885
448 Garrison Forrest Vail Village 12th Filing
Owings Mills, MD 21117
Daniel J. and Barbara A. Feeney Block 2, Lot 2, Unit B, Vail Village $12,885
P. 0. Box 3385 12th Filing
Vail, CO 81658
John W. Gray Block 1, Lot 6, Unit B, Vail Village $12,885
1902 West Colorado Avenue, Suite A 12th Filing Townhouse
Colorado Springs, CO 80904
Edward J. Gund Block 2, Lot 8, Vail Village $12,885
P.O. Box 3145 Filing 12
Vail, CO 81658
Edward M. & Katherine Gwathmey Block 1, Lot 2, Unit B Marquez Duplex $12,885
3226 Katsos Ranch Road
Vail, CO 81657
Jeanine Hallenbeck Block 1, Lot 4, Vail Village $12,885
3236 Katsos Ranch Road 12th Filing
Vail, CO 81657
Arthur S. and Shelby G. Kleimer Block 2, Lot 7, Vail Village $12,885
Lawrence and Susan C. Ast Filing 12
P.O. Box 2244
Vail, CO 81658
A-2
Robert P. Lammerts Block 2, Lot 4, Vail Village $12,885
125 Park Avenue 12th Filing
Oklahoma City, OK 73102
Robert Leavitt Parcel A, Vail Village $12,885
6065 South Quebec Street 12th Filing
Denver, CO 80111
Margem III Lot 8, Resubdivision of Lot 7, Block 1, $12,885
2525 Camino Del Rio South Parcel B-1, B-2, Vail Village
San Diego, CA 92108 12th Filing Duplex
Charles H. L. McLaughlin Block 1, Lot 6, Unit A, Vail Village $12,885
P.O. Box 112 12th Filing Townhouse
Vail, CO 81658
Jorge A. and Sybil] R. Navas Block 1, Lot 9, Resubdivision of Lot 7, $12,885
3255 Katsos Ranch Road Vail Village Filing 12
Vail, CO 81657
Jerome J. Rather Parcel A, Vail Village 12th Duplex, Lot 3 $12,885
1245 Sunset Road a resubdivision of Lot 7, Vail Village
Winnetka, IL 60093 Filing 12
Michael D. and Cynthia Steimle Block 1, Lot I, Vail Village $12,885
John D. and Ruth K. Steimle Filing 12
P.O. Box 2024
Vail, CO 81658
Ray E. Story and Pamela V. Story Block 1, Lot 3, Vail Village $12,885
3230 Katsos Ranch Road Filing 12
Vail, CO 81657
A-3
Joe H. Tonahill, Jr. Block 2, Lot 5, Unit A, Vail Village $12,885
P.O. Box 3326 12th Filing Townhouse
Vail, CO 81658
Joe H. Tonahill, Jr.
P.O. Box 3326
Vail, CO 81658
Block 2, Lot 5, Unit B, Vail Village
12th Filing Townhouse
$12,885
Vail Mountain School
P.O. Box 602
Vail, CO 81658
James H. and Thomas F. Heisberg
Peggy Jo Epstein
P..O. Box 597
Denver, CO 80201
Block 2, Lot 12, Vail Village
12th Filing
Block 2, Lot 2, Unit A, Vail Village
12th Filing
A-4
$12,885
$12,885
Council Member duly seconded
the motion, and the question being upon the approval on first
reading of the foregoing Ordinance, the roll was called with the
following result:
Council Members voting "Yes": Kent R. Rose
John C. Slevin
Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
Council Members voting "No":
Council Members having voted in favor of said
motion, the Mayor thereupon declared the Ordinance duly approved
on first reading and directed that the Ordinance, as approved, be
published once in full in The Vail Trail, a newspaper of general
circulation within the Town and legally qualified for Town
publications, and that notice of the June 20, 1989 public hearing
on the ordinance be published as required by the Vail Code.
After consideration of other business to come before
the Town Council, the meeting was adjourned.
Town Clerk
Town of Vail
(TOWN
SEAL)
-12-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
The Town Council of the Town of Vail, Eagle County,
Colorado, met in regular session, in full conformity with the
Town Charter, ordinances and all other applicable laws, rules and
regulations, at the Municipal Building in Vail, Colorado, the
regular meeting place thereof, on Tuesday, the 20th day of June,
1989, at the hour of 7:30 p.m.
The following members of the Town Council were present:
Mayor: Kent R. Rose
Mayor Pro Tem: John C. Slevin
Council Members: Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
The following members of the Town Council were absent:
The following persons were also present:
Town Manager: Rondall V. Phillips
Town Attorney: Lawrence A. Eskwith
Town Clerk: Pamela A. Brandmeyer
Director of Adminis-
trative Services: Charles Wick
Thereupon the following proceedings, among others, were
had and taken:
The Mayor informed the Town Council that Ordinance
No. _, Series of 1989, which was introduced, read by title,
passed on first reading, approved and ordered published in full
-13-
at a regular meeting of the Town Council held on June 6, 1989,
was duly published in full in The Vail Trail, a newspaper of
general circulation in the Town, in its issue of June 9, 1989,
and that the publisher's affidavit of said publication is now on
file in the office of the Town Clerk.
Council Member then introduced
said Ordinance a second time and read the Ordinance by its title,
sufficient copies of the full Ordinance having previously been
made available to the Town Council and to the public.
The Mayor then declared that this was the time and
place for a public hearing on the Ordinance and the meeting was
then opened for such purpose. After all persons had been given
an opportunity to speak, the hearing was declared closed.
Council Member moved the final
approval on second reading of said Ordinance.
Council Member duly seconded the
motion, and the question being upon the final approval on second
reading of the said Ordinance, the roll was called with the
following result:
Council Members voting "Yes": Kent R. Rose
John C. Slevin
Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
Council Members voting "No":
-14-
motion, the
approved on
approved, be
newspaper of
qualified for
Council Members having voted
Mayor thereupon declared the
second reading and directed that
published by title only in
general circulation within the
Town publications.
in favor of said
Ordinance finally
the Ordinance, as
'he Vail Trail, a
Town and legally
After consideration of other business to come before
the Council, the meeting was adjourned.
Town Clerk
Town of Vail
(TOWN
SEAL)
r
-15-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
I, Pamela A. Brandmeyer, the duly qualified and acting
Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby
certify that the foregoing pages 1 to 15, inclusive, constitute a
true and correct copy of the Record of the Proceedings of the
Town Council of the Town, taken at regular meetings thereof held
at the Municipal Building in Vail, Colorado, on Tuesday, the 6th
day of June, 1989, commencing at the hour of 7:30 p.m. and on
Tuesday, the 20th day of June, 1989, commencing at the hour of
7:30 p.m., as recorded in the official Record of the Proceedings
of the Town kept in my office, insofar as said proceedings relate
to Ordinance No. _, Series of 1989, creating Town of Vail,
Colorado, Booth Creek Local Improvement District, authorizing the
construction and installation of special and local improvements
therein, and approving the method of apportioning assessments to
pay a portion of the cost thereof; that said proceedings were
duly had and taken; that said meetings were duly held; and that
the persons were present at said meetings as therein shown.
It is hereby further certified that the Ordinance was
published in full in The Vail Trail, a newspaper published and
having general circulation in the Town and legally qualified for
Town publications, on June 9, 1989, and by title only in said
newspaper on June 23, 1989, as evidenced by the affidavits of
publication attached hereto.
IN WITNESS WHEREOF, the undersigned has hereunto set
her hand and the seal of the Town this day of June, 1989.
(TOWN Town Clerk
SEAL) Town of Vail
-16-
Affidavit of publication of Ordinance in full
and notice of public hearing thereon.
-17-
Affidavit of publication of Ordinance by title only.
-18-
------ ~ ~~i-;ri>; ~---- -
--------~~ii,i~,.n~-~<i~ ;-gin
Dear. Vail Town Council Members:
JUN - 51~~~
May 19, 1989
The Members of the Vail Valley Community Television Board
of Directors r;ish to express their gratification and
satisfaction with the support offered by Heritage Cablevision
towards VVCTV, Channel 23. We feel Heritage has met all
agreed upon items of support and in some cases exceeded the
requirements set forth in the letter from Heritage Cablevision
to VVCTV of 1/11/88. (Please see attacted copy.) I-Ieritage
has also agreed to install "Live" backfeed capabilities from
both the Vail and Avon Town Council Chambers in the near
future. We feel this is very important to our coverage of
community events and believe I-Ieritage will comply in a
timely manner.
~r~~e have been able to make much progress with community
television in the Vail Valley with the current support,
existing budget, and equipment. Tf additional equipment was
made available to us, we would graciously accept it. It
could on]-y help us in futhering our goal of increasing
communication and awareness throughout the Vail Valley. We
would consider any additions of equipment as a gift above
and beyound any existing agr-Bement with I-Ieritage Cablevision.
If you would like any additional comments concerning this
subject please feel free to contact us. Once again, thank
you for ali your support of Vail V-alley Community Television.
Sincerely,
. -~-~ ~~
Vail Valley Community Television
Board of Directors
616 West Lionshead C~..rcle
Vail, Colorado 81658
~~;~,< ~ rte _~~. i3~;. ~ >~~.~
w.~.~. ~~
-~;
`~r: ,~;;
January 11, 1988
Mr, Jerry Davis
VCTV
P.O. Box 5559
Avon, CO 81620
Dear Jerrv~
~Ieritage Communications, Inc.
2195 Ingersoll Avenue
Des Moines, Iowa 50312
515-246-1440
I deeply appreciate your efforts and the members of the VCTV
who have worked so diligently with Gene Larson and I in
reaching an agreement for the future of public access in the
Vail valley.
As we concluded on Friday afternoon:
1. Heritage will agree to an increase in franchise
fee in the town of Vail, concurrent with our
renewed franchise agreement, from 3 percent of
gross revenue as therein defined to 5 percent
of gross revenue with the additional 2 percent
to be earmarked for VC:'V. Tn addition we will
jointly seek an amendment to the existing Avon
and Minturn franchises to increase their
franchise fee to 5 percent for the same
purpose. Heritage°s support of those
amendments is limited to amending franchise
fee percentages only. Heritage will also
voluntarily commit 2 percent of the basic
service revenue from all areas served in Eagle
County outside of the three incorporated towns
to VCTV for its operating budget. All fees
would be paid within 45 days of the end of each
quarter. The 2 percent was calculated in our
1988 rate structure and would not be added on
to the present rate or treated as a separate
pass through. We also will pay on all revenue
retroactively to January 1, 1988. We estimate
the. above formula will produce approximately
$44,000 in revenue for VCTV in calendar year
1988.
2. Separate from, and in addition to the revenue
generated from the franchise fees above,
Heritage will fund a-grant to the VCTV in the
form of paying all lease expense, common area
fees and required insurance on the present
studio space; or in lieu of the above and
~:~
~. .
~~:~~, ,v
:~~ r
~>,f
Mr. Jerry Davis
January 11, 1988
Page 2
concurrent with the cancellation or transfer of
the lease to a third party, a cash grant of
$16,000 per year. This grant period would be
concurrent with the remaining lease term, from
i2 nooi~~ r ei~ruary 1, 1988 to and expiring on 12
noon February 1, 1992. This cash payment, if
selected, would be made on February 1, 1988;
1989; 1990; and 1991. Any cash payments will
be reduced by a pro rata amount equal to 1/12th
of $16,000.00 for each month of each year until
Heritage is released from its lease obligation
if VCTV elects to move the public access studio
and production facilities.
3. VCTV will use its existing fund deposited with
the Town of Vail and the 2 percent franchise
fee revenues plus any lease abatement payments
as an operating budget. VCTV will take
responsibility for all repair, maintenance,
equipment replacement and operating expenses
for locally produced or originated programming
and will oversee programming on the designated
public access channel on the Vail valley cable
TV system. At the present time the designated
channel is 23. Heritage will make available a
signal from C-SPAN II (Senate television
coverage) to fill any hours VCTV elects not to
program.
4. As soon as practical, and with the mutual
understanding that such time will be most
advantageous to Heritage from a financial point
of view, Heritage will donate all studio
equipment to VCTV. It is anticipated the event
could occur concurrently with the roll-over of
the limited partnership which owns the Vail
cable TV system or at the end. of the
depreciable life of the equipment.
5. This entire arrangement is subject to the
periodic review and reconfirmation or
revocation by the Towns under any process or
.«~ 'C~
?:. ~ s
~t;~~
Mr. Jerry Davis
January 11, 1988
Page 3
procedure they wish to establish and VCTV and
Heritage agree to be bound by the reconfirmation
or revocation as it occurs.
We look forward to jointly presenting this agreement and
plan to the Vail town council at their work session this
week, and in anticipation of completing our franchise
renewal shortly thereafter, proceeding to request the
amendment in Avon and Minturn.
Again, my thanks to you and your Board for your cooperation,
and my best wishes for the success of VCTV. I believe our
mutual constituents stand to benefit greatly by the
cooperation of our company and your group.
Sincerely,
HERITAGE COMMUNICATIONS, INC.
Kevin L. Rice
Senior Vice President
KLR/sls
cco Gene Larson - Silverthorne, CO
Ron Phillips
Larry Eskwith
~ ~ ®F CASI,~ SYI~I..S
~®DIICED ~Y SENATOR A~:TZEIdg~IIl~g
~0 833 and_So 83~
The cable bills ~troduced by Senator Pietzenbaum are
designed to check the monopoly power wielded by cable com
at the local levele presently® consumers who want the panics
multichannel program service available via cable® have a choice
°f °a-"ly one cable system in approximately 99~ of the local
communities across the nations Non cable technologies such as
wireless and satellite dishes have the means to deliver cable
programming into viewers° homes® However® most of the popular
cable programs are owaied by the large cable companies, and they
have refused to make the programming available to competing
technologies on fair terms o
~ieanwhileo ACC action has precluded local authorities from
regulating basic gable rates in almost every part of the
count~o The 198 Cable pct provides that cities can regulate
basic cable rates ®nly in the absence of effective
competition, The Pict instructed the FCC to.define effective
compet~tiono The FCC determined that effective competition for
cable is present if households wither the cable franchised area
can receive three television broadcast channelso
~'he steep hikes in basic cable rates which have occurred
since deregulation demonstrate that the FCC failed to define
effective competition adequatelyo S® 833® 'The Cable
Television Subscriber Protection Act of 1989®® provides that
effecti~re competition for a cable system is present ~ far°the.-
multicnannel program distributor offers consumers the
opportunity to receive in their homes a range'of programming
cOmPa.rable to that offered by the incumbent cable systemo This
competing multichannel provider could be another cable systemo
a wireless cable ®peratora a satellite program distributor®
perhaps someday the telephone company® or some other
distributor capable of delivering multiple channels of video
prograamling to consumers in .their homeso
Specificallyo So 833 provides that a cable system is
subject to effective competition ifo
g
FCC Permits Rate Regulation in Rural California City
Porola. a town of 2.(X)0 people in the Sierra Nevada mown- The rown responded that it would be prohibitively ezpen-
tains of Northeastern CaliFurnia, h:u been liven permission by slue for a town of 2,000 to t-ollow the FCC procedures to the
the Federal Communications Commission to regulate basic cable letter. Instead, the town fathers provided even more informa-
rates. This is the first such decision by the FCC since it redrafted ,lion to the Commission. They actually went door-to-door and
its "effective competition" rules in response to a ruling by the interviewed all the town residents who had television antennas
District of Columbia Court of Appeals. The ne~.v rules provide on their homes and asked them about reception. They then
that there is "effec:ive competition" to cabie service-and, reported to. the FCC that unly a handful of people received anv
therefore. no rate regulation-where three unduplicated Grade signal at all over the air, and that only one person in town received
B broadcast signals are available over an entire franchise area. a ;pod quality picture-and he lived on a hill and had installed
The previous n:;e would 'nave found effective competition special reception equipment.
whenever three broadcast signals were available in anv parr of
the franchise area.
Portola filed its petition ~in 1986 and had to wait until the
regulations were resolved for a ruling from the FCC. The town
hired an engineer to test for the availability of signals that,
although theoretically available in the area (or "significantly view-
ed" in surrounding Plumas County), are actually not available
because 7,000 fool mountains interfere with the transrnission.
The cable operator responded that the measurements of the town's
engineer were not good enough because he had not used the
elaborate testing procedure sec out in the FCC rules for deter-
mining actual signal', availability.
The Commission sided with the town. Although the town
had not followed FCC procedures in measuring the available
signals, the Commission said, the cabie operator had provided
no evidence at all of signal availability. It remains to be seen
whether Portola is.a harbinger of things to come in rate regula-
tion. Certainly there are many communities in rural American
that do not receive three over-the-air signals to provide competi-
tion to the local cable system. The question is whether increased
cable rates will motivate those communities to apply to the FCC
for permission to regulate rates.
February 1989 3 CT1C CableReports
:~
REC~a JUN - 5 1989
PROTEST
TOWN OF VAIL, COLORADO
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT
Name(s) of affected parcel owner(s);
Mailing address of parcel owner(s):
Address of affected parcel: s
Legal description of affected parcel:
Block 2, Lot 4, Vail Village 12th Filing
I(we}, the affected parcel owner(s), do hereby wish to
protest the creation of the Town of Vail, Colorado, Booth Creek
Local Improvement District, and state that I(we) oppose said
district and the inclusion of our parcel in said district.
Signed this 2nd day of June
Parcel Owner(s):
(If signed by an agent or other
authorized person, include
evidence of said authority or agency.)
Robert P, Lammerts
125 Park Avenue
Oklahoma City, OK 73102
1989.
~'~iit~G~ = ~
Return this protest to; Town Manager, 75 South Frontage Road,
Vail, Colorado 81657,
OBJECTION
Objection to Lots Three (3) and Four (4), Block Two
(2), Vail Village 12th Filing being assessed or levied
against for improvements to mitigate rock fall damage in the
Booth Creek Area, Vail, Calorado.
1 ) There are na buildings or irnpravernents on Lots
Three (3) and Faur (4), Block Two (2) Vail
Village 12th Filing
2) An inspection of Lats Three (3) and Four (~),
Block Two (2) Vail Village 12th Filing does not:
reveal evidence of any rock falls in this area.
3) The cast to mitigate rock fall damages in the
Booth Creek Area of Vail, Calorado is a cost
involving th.e public safety and should be borne
by the appropriate governmental agencies. The
$20,000 provided by the Tawn of Vail is not a
realistic amount.
~!) The right of the Vail City Council to assess
against lots not affected by the rock f<~11. is
questionable.
Dated this 2nd day of June, 1989.
j %'~ ~a'-i~G~ r`
Parcel Owner
w t
PROTEST
TOWN OF VAIL, COLORADO
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT
Name(s) of affected parcel owner(s):
Mailing address of parcel owner(s):
125 Park Avenue, Oklahoma City, OK 73102
Address of affected parcel: Same
Legal description of affected parcel:
Block 2, Lot 3, Vail Village 12th Filing
I(we), the affected parcel owner(s), do hereby wish to
protest the creation of the Town of Vail, Colorado, Booth Creek
Local Improvement District, and state that I(we) oppose said
district and the inclusion of our parcel in said district.
Signed this 2nd day of June
Parcel Owner(s):
RE~JUN~51989
George H. Clowes, Jr.
Robert Lammerts
c/o Lammerts
1989.
%~ •- / ~~~G/~L y 7
~~~~~.
(If signed by an agent or other
authorized person, include
evidence of said authority or agency.)
Return this protest to: Town Manager, 75 South Frontage Road,
Vail, Colorado 81657.
OBJECTION
Objection to Lots Three (3) and Four (4), Block Two
(2}, Vail Village 12th Filing being assessed or levied
against for i.mprovE~ments to mitigate rock fall damage in the
Booth Creek Area, Vail, Colorado.
1) 'T'here are no buildings or improvements on Lots
'!'hr, ee ( 3 } and Four ( 4) , B1 ock Z'wo ( 2 ) Va i l
Village 12th Filing
2 ) An insl~ecti.on o f Lots Three ( 3 ) and Four ( 4) ,
Block Two (2) Vail Village 12th Filing daes not
reveal evidence of any roc}t falls in this area.
3 ) The cost to mitigate rorl~. fall d~images in the
Iicoth Creek Area of Vail, Colorado is a cost
involving the public safety and should be borne
by the appropriate governrrtental agencies. The
520,000 provided by the Town of Vail is not a
realistic amount.
4) The right of the Vail City Council to assess
against lots not affected by the roc. )t fall is
questionable.
Dated this 2nd day of June, 1989.
:~
Parcel Owner ,
PROTEST ,IUN - ~ ~~~
TOWN OF VAIL, COLORADO
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT
Name(s) of affected parcel owner(s) o ~f?~ ~ ~~~~,,/~~ `jh
l ~'•-~ /`'7' %. ~ yr ccl ~ % / Ste',
Mailing address of parcel owner (s) ° _ QQ nj~ .7 ,~ 2
~' o
Ili ~' ~ ~ (,
Address of affected parcel o __~ j C~~
C~
Legal description of affected parcel:
G~~S f j Cu 25 f c{n ~ 'ff
I(we), the affected parcel owner(s), do hereby wish to
protest the creation of the Town of Vail, Colorado, Booth Creek
Local Improvement District, and state that I(we) oppose said
district and the inclusion of our parcel in said district.
Signed this s f~ day of J~ ~_ 1989 .
Parcel Owner(s)e
(If signed by an agent or other _ ~~G
authorized person, include
evidence of said authority or agency.)
Return this protest toe Town Manager, 75 South Frontage Road,
Vail, Colorado 81657.
RF["~! JUN - 1 ~9~9
STATE OF COLORADO
COLORADO DEPARTRAERIT OF NEALTa-I oF.co~o
~~: - ~ ,
4210 East 11th Avenue _ ~~e .
Denver, Colorado 80220 !
Phone (303) 320-8333
\~ ,~~ a
.'! X87 a
May 31, 1989
Roy Romer
Governor
Thomas M. Vernon, M.D.
Executive Director
Eagle County School District
757 East Third Street
Box 740
Eagle, CO 81631
Minturn Town Council
Box 309
Minturn, CO 81645
Eagle County EYivironmental Health
P.O. Box 850
Eagle, CO 81631
Gentlemen:
/Vail Town Council
75 South Frontage Road
Vail, CO 81657
I appreciated meeting with citizens in Minturn last week. I understand
the concerns and frustrations expressed, and I wanted to let you know
what actions are being taken by the State.
1. In a meeting on Friday with Gulf + Western counsel, Dames k.
Moore, the State Health Department, and the Attorney General's
Office, the State requested Dames & Moore to take the
following actions:
a. Institute increased and effective dust control which
includes control of undisturbed as well as disturbed
areas, and control during winter and early spring shut
down periods; and
b. Construct effective exclusion fencing at accessible
portions of the site.
The State intends to require the necessary dust controls
through revision of the emission permit, which will then be
subject to enforcement action by the Health Department. It is
my understanding that a limited water sprinkler system is now
in place along the northern edge of the New Tailings Pile.
' 2. Locations and frequencies for additional air monitoring are
currently being evaluated. Once the optimal adjustments in
the air monitoring program have been determined, the State
intends to promptly implement them.
3. EPA has indicated that financial assistance would be available
for the purpose of a community group hiring an independent
consultant to review and comment upon the Public Health
Assessment. There are several requirements that need to be
met to obtain this funding. Contacts at EPA in Dem~er are
John Ogden, 293-1727, or Robin Coursen, 293-1525. Dick
Parachini, Mike McHugh, and I are all anxious to assist you in
any way we can to expedite this funding.
Page 2
May 31, 1989
4. Dick Parachini will establish regular office hours at the Minturn
Town Hall for public interaction with him. These will be
publicized in the local newspapers. At other times, he will be
on-site to fulfill his oversight duties. When out in the field,
his phone answering machine will be activated, and Dames & Moore
will not be answering it. These actions are intended to promote
freer communication between Dick and the community.
5. Air monitoring data will be supplied to the local newspapers and
the Minturn Middle School. It will also be available at the Vail
and Minturn Town Halls.
6. We are contracting with the Colorado Geological Surve~> to provide
additional field oversight during the construction season. This
will ensure that the work is being done according to specifications
and that we can also provide increased air quality surveillance,
and provide greater public accessibility to pertinent information.
7. Dr. Steinberg is meeting this week with Dr. Mangione, Director, and
Mike Wilson of the Disease Control. and ~vironmental Epidemiology
Division to discuss the blood lead issue.
As you are aware, analysis to date by the Health Department's Air Pollution
Control Division and Disease Control and Environmental Epidemiology Division
does not support the need for such drastic action as shut down of the project
or closure of the school. I hope the actions described above will provide the
data necessary to determine if further action is necessary. Dick and I will
keep the community informed of the results of these activities and all future
actions. Dick will work on establishing a network for such communication with
the community. We appreciate that many other questions and concerns have been
raised. We are working on a response as quickly as possible.
Please bring further questions and concerns to Diclc Parachini, 827-5928, or to
me at 1-331-4517.
Sincerely,
Hocard Roitman, Chief
Remedial Programs Section
Hazardous Materials and
Waste Management Division
HR/cf
cc: Brad Brockbank, Governor's Office
Mike Hope, AGO
Tom Loob3>, CDH
Dave Shelton, CDH
Bob Neukirchner, Dames & Moore
~~~~ ~~~
VOL. 4, i~o. 3 ,q PUBLIC~4TION OF CLUB 20 IVI,4V/JlJ(VE X989
B
The economic recovery of the Western
Slope is a slow but steady process. In fact,
the turn-around is slow enough that in differ-
ent parts of our region, there is substantial
disagreement about whether or not things
are getting better. Overall, there is a strong
feeling that things are moving again, but the
recovery is far from universal, and far from
complete.
Across the nation, the U.S. Small Busi-
ness Administration has been monitoring the
formation of new corporations, and reports
that the level of new economic activity dur-
ing similar economic situations is unprece-
dented. There were 685,572 new incorpora-
tions in 1987, and 684,109 in 1988... only
a slight decrease from the record of 702,000
incorporations in 1986. The most surprising
aspect of the statistics is that the SBA
regions in the WEST reported more growth.
Six of the ten SBA regions reported growth
in the formation of new businesses -
generally the six Western regions. The only
Western region still reporting declines in new
activity is Region VI (Arkansas, Louisiana,
New Mexico, Oklahoma and Texas). But
Region VIII -which is headquartered in
Denver and includes Colorado, Wyoming,
the Dakotas, Montana and Utah -reported
an increase of 7.1% in one year!
Indeed, the newspapers of Colorado West
are beginning to contain numerous articles
about new business being created through-
out the region. Although it is impossible to
keep track of all new businesses(many are
never reported in the press), CLUB 20
begins in this issue of COLORADO WEST
mentioning a few which have been reported,
as evidence that things are moving.
Our major challenge is to continue building
upon this recovery, and figuring out how to
translate it to every one of our CLUB 20
towns and counties. There is much work to
do on that score, since the recovery remains
partial. While Garfield County is experienc-
ing ahousing shortage and preparing to
authorize new subdivisions, the West End of
Montrose County remains in a crunch
caused by the decline in the domestic energy
industry. Areas depending upon agricultural
commodities like wheat and feed grains
remain in tough shape, while the cattle
industry has experienced along-overdue
rebound.
Overall construction is way up in Colorado.
Contracts for future construction amounted
to $232,998,000 for February, for example.
That's an increase over the comparable
period in 1988 of 370/0! The major factor driv-
ing the increase is non-residential construc-
tion, which was up almost 100% over last
year, while residential construction continues
to lag 26% behind 1988 levels. But if enough
new businesses are built, homes will surely
follow.
These are generalities, of course, but they
underscore the difficulty -and the inherent
strength - of the Western Slope economy.
It is a diverse economy based upon
numerous businesses and industries. Of
course, an economy based upon only one
industry is in constant danger of a pull-out,
as residents of Mesa, Garfield and Rio
Blanco counties can surely attest. There is
now a broad agreement among elected offi-
cials and planners throughout the Western
Slope that many small businesses are
healthier than one large one. And the
economic development of most counties is
focused upon that priority.
As the glance at new businesses indi-
cates, some success has already been
achieved.
A host of new businesses have located on
the Western Slope, and several existing
businesses have begun expansion programs
which will be of great benefit to the local
economies.
A $10 million retail and residential real
estate development called Vail Gateway
plaza was announced last month in Vail. It
will feature a collection of high-end retail
shops, 36 luxury hotel rooms, and a dozen
residential units.
The Mesa County Economic Development
Council celebrated its announcement that
the world's largest hotel chain, Quality Inter-
national, will open an computerized reserva-
tion center in Grand Junction. The center will
provide 100 new jobs initially, and perhaps
as many as 300 eventually. It opens in June
and will be one of 4 such reservation centers
in the United States.
On February 1, Dan's Building Materials
opened in Delta, providing discount building
materials and hardware to area do-it-
yourselfers. It is an expansion of an existing
lumber yard in Montrose, and is starting
small and showing great promise.
On March 11, a new Ben Franklin variety
store opened in Carbondale at the Crystal
Village Plaza, providing residents with a huge
variety of crafts, fabrics, toys, school sup-
plies, afull-service pharmacy and the other
offerings of a full-sized variety store.
The Gunnison County Commissioners
approved the initial plan for re-opening of the
historic marble quarries above the town of
Marble. Another public hearing and several
other hurdles must still be cleared, but the
way is open for more activity at the site,
which produced the material for the Lincoln
Memorial in Washington, D.C. in 1922.
Su Wang and John La decided to move
from the Chinese restaurant business in
Denver to Craig, and purchased the Galaxy
Restaurant, which opened on May 1. The
establishment specializes in Mandarin,
Szechuan and Hunan cuisine.
On March 17 the Great Escape Tavern
opened for business in Ouray. It provides a
local "hang-out" for residents, especially
those interested in sports, since it includes
a 46" TV screen. Particularly significant
about this new business is that it used local
labor wherever possible. Local workers are
used, a Ridgway company handled the con-
struction, a Ouray firm laid the file ... even
the TV was purchased locally. Bravo!
The Board of Trustees of Basalt authorized
the construction of the Hyde Park Motel, a
112-unit motel with a parking lot, tennis court,
and 10 acres of dedicated public open
space.
The first bottle of the new "Aspen Beer"
rolled off the assembly line in mid-March,
and the product is now available on the
shelves of area stores. The Aspen Beer
Company, Ltd. was formed by 4 Snowmass
men and the project was 5 years in the plan-
ning. Local micro-breweries have been
springing up around the nation in recent
years, changing the face of the brewing
industry. Several other local breweries are in
the works, including another in Aspen, and
one which produces Vail Ale.
Vantage West Food Corporation has
opened its doors in Montezuma County. The
company, which produces frozen Mexican
food, plans to create as many as 100 new
jobs over the next three years. The avail-
ability of a wide variety of agricultural
products in the area was among the primary
factors in the decision to open the plant.
CLUB 20 wishes all these new businesses
great success. For more details, see
U.S.West's "Western Slope Signals" in this
and future issues. We'll salute other new
businesses in each issue of COLORADO
WEST.
YIi~IELY THOUGIiTS
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by Joe Prinster ~ I,~;
Club 20 Chairman ~ ~ ~~'
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We are perturbed that there
was no highway bill before the
Legislature adjouirned. The trend
is to not recognize how neces-
sary it is to get some of these
projects underway, and complete
the ones that are already in
force. It is simply i:hat not enough
is being spent.
Another problem with the
legislature -inability to accept
the fact that the Governor's
staff has been doing a good job.
The attempt to take a million
dollars out of the budget for
that staff created near chaos. The
outlying areas, such as the
Western Slope, are dependent
on the professional staff of Eco-
nomic Development to get leads,
expert help, and financial help
when possible. Those things are
not going to happen unless there
is adequate staff to accomplish
this.
All the indications are that
tourism this year is going to
be very strong all over the moun-
tain areas It is very possible
that the fire in Yellowstone last
year is going to divert a lot of
those mountain travelers in
Wyoming and Utah to our area.
We should all be able to look
forward to a good Summer and
Fall.
There's a strong effort in place
to acquire the 1998 Winter Olym-
pics for Colorado. We are a
much better place in much better
condition to do a real bang up
job, and are much more ready for
that challenge than we were in
1976. Also, from the top we
have heard by involved people
they have a much clearer picture
of what is necessary to put
together a well managed Olym-
pics. That will affect a lot of
Club 20 counties, and I think
it will be extremely good for
the State as a whole.
I did happen to visit in Calgary
last summer right after the 1988
Olympics. I was very impressed
with the talk from people that
live there about how much the
Winter Olympics helped the
economy of that whole area and
how it vastly increased their
summer visits by tourists from all
over the world.
CLUB 20 T® IH®ST FIRST PUBLIC CORRP MEETING
CLUB 20 will ho:>t the first public
meeting of the Colorado Outdoor
Recreation Resources Project
(CORRP) in Grand .Junction on June
13. Business leaders and other inter-
ested citizens will have a chance to
talk with the heads of agencies
which manage the more than one-
third of Colorado that is publicly
owned.
The session will mark the first time
the full group has publicly gathered
outside the Denver area since its
creation in 1985. CORRP is an
informal organization of all the public
agencies that manage public recrea-
tional lands in Colorado, as well as
representatives from the private
sector. CLUB 20 was a charter
member of .the CORRP steering
commmittee.
The meeting will include public
presentations by: Neil Morck, State
Director of the Bureau of Land
Management; Galen Buterbaugh,
Regional Director of the U.S. Fish &
Wildlife Service; Roi~ Holliday, Direc-
tor of the Colorado Division of Parks
and Outdoor Recreation; Perry
Olson, Director of the Colorado Divi-
sion of Wildlife; Rich Meredith,
Director of the Colorado Tourism
Board; and Tony ~>abatini, Admin-
istrator of the State Land Board. In
addition, representatives of the
National Park Service, U.S. Forest
Service, and the Colorado Parks and
Recreation Association will also
attend.
The June 23 event, at Two Rivers
Plaza in Grand Junction, will begin
at 10:00 a.m. with presentations by
the agencies to update the public on
upcoming plans and events. A
luncheon will follow with local
organizations making presentations
to the CORRP steering committee
about local projects which require
cooperation from the agencies. After
lunch, an informal "booth" setting
will allow members of the general
public to share any concerns, and
seek answers to any questions, from
each of the agency heads.
Call the CLUB 20 office at
242-3264 for further details.
~lYYL~ En1C~INES THReT COl1LD
Back in February there was talk that
the sky had finally fallen in South-
western Colorado. The historic round-
house in Durango had burned to the
ground in the late night hours, with all
six engines inside.
Aside from the sadness of losing a
major historic landmark, many
observers also wondered if we had lost
one of the largest tourist attractions on
the Western Slope. Reports were that
without the machine shop, containing
many vintage tools that were "irre-
placeable," there was doubt about
whether the trains would ever run again.
The doubt didn't linger more than a
few minutes in the minds of the dedi-
cated crew which makes the Durango-
Silverton Narrow Gauge Railroad one of
the premier historic tourist attractions in
the West. Before the ashes were cool,
owner Charles Bradshaw, Vice Presi-
dent Amos Cordova and the rest of the
management had made the decision to
rebuild. The trains have risen from the
ashes like the mythical phoenix, and the
Summer season is underway, just as
planned.
The reconstruction of the locomotives
has been another of the great success
stories of the Western Slope, and there
is little doubt that the regional economy
will benefit greatly from the experience.
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Reservations are running at an all-time
high and the Summer promises to be
even better than previous years. Better-
ing previous performance will be no
small chore, either ... the trains have
carried more than 1.3 million
passengers in the last 7 years!
Railroad crews worked diligently after
the February 10 fire to get the engines
ready. Tremendous credit goes to the
Durango Fire Department for carefully
protecting the engines as much as
possible during the fire. It was reported
_ ~~
~_~ ~ -
~, -
Food & Pharmacy
37 friendly stores to serve you
throughout Western Colorado, Utah,
Wyoming and New Mexico.
~®~®~~®o ~®~~o~s
. ~~ ~®~~f~s ~~~ o-~~~~ur~~ ~~~c~
,R"
S Day Trophy Deer & Elk Hunts ~ Private Pheasant
Over 5500 Acres of Private Land ~ Drop Camps
Licensed ~ Bonded Guides & Out)itters
Great Facilities ~ Excellent Food
SUPER HUNTING!
P.O. Box 659 (303) 328-2326
~...~
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Y C~ ; a
that without the Department's quick
response and fast decisions, damage
may have been irreparable. In the end,
the railroad is back and stronger than
ever. The Sumemr season began with
the usual fanfare, but the engines sport
a newer, shinier look with new wooden
floors, new paint, and a new resolve to
kelp the wild west alive.
Help spread the word that the lone-
some whistle blows again in Durango
and Silverton this Summer!!
~ f°~t~ ~~~d 1 ~'1
~a~ Junc~i®n?
Call or write Bray ~ Co. Realtors
fora 4ree Real Estate Guide
or an area street map. ® r
~~2~~6~7
1015 North 7th Street
Grand Junction, Colorado 81501
~>~~~~~.
NI \1 I~~H1•
®~lktirt~r
1 ~~011 It.a,ix~.
TRAITIIV WITH
~~S 2 MEMBERS
®®®
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of Grand Junction
243-6790 755 HORIZION DRIVE
~~. i.
Western Slope SignaBs
COMMUNICATIONS
ISSUE XV
The economy of the Western Slope has become
much more diverse since 1982 and with the diversity
is coming a stronger economy. Tourism is still the
number one industry. With the tourism attractions like
hunting, fishing and skiing, it is easy to forget that
agriculture is still the second largest industry in
western Colorado. This issue of Western Slope
Signals examines some of the developments in the
tourism and agricultural areas as well as some
related small businesses.
HUNTING and FISHING activities in Colorado con-
tribute an estimated $1.2 billion to the economy. Until
last year, the Colorado Division of Wildlife (DOW) only
had information from license sales and interviews
to use in the economic impact projections. Bill
Devenny with the DOW in Denver says a computer
software system developed by Brown, Bortz and
Coddington, Inc. is now being used to determine who
spends how much money and where on fishing and
hunting. The figures are not all in for the 1988 season,
but the report using data primarily from 1987 is inter-
esting. In 1987, over 1.3 million hunting and fishing
licenses were sold for a total of $31 million. Almost
895,000 people bought fishing licenses. Residents
of small towns and rural areas are more apt to hunt
or fish than urban residents, but the largest number
of hunters and fishermen come from the urban areas,
with EI Paso County having the most license holders.
Mesa County has the most licensed residents on the
Western Slope. A hunter or fisherman who goes out
of his or her home county to do either usually spends
more money. However, mo:;t fishermen tend to buy
their fishing gear in their hometowns. The picture is
more varied with hunters. Over 80% of the elk
hunters in the counties of Hinsdale, Jacksons, Rio
Blanco, Saguache and San Juan hunt in their own
county. As a result, the revenues from secondary
sales related to hunting are less in those counties
than others on the Western Slope. Gunnison County
attracts the highest number of out-of-state elk hunters
in Colorado, but the out-of-state elk hunters in Rio
Blanco County spent an average of $77 more or
$2,065 on their hunts. The average out-of-state
hunter spends $512 a trip for elk and $385 for deer
for lodging, transportation, food and other items in
addition to licenses. The average resident spends
$160 hunting deer and $202 for elk. Denver and
urban area residents pay a lot more than the average
for a hunting trip. Garfield County followed by Routt
and Gunnison counties attract the highest number
of hunters. Game management Unit 62 on the
Uncompahgre recorded the largest number of
hunters followed by Unit 71 in Dolores and
Montezuma counties.
Park County attracted the highest number of
fishermen in the state, 98,002 in 1987. The second
highest number, 82,435, visited Gunnison County,
and Grand County lured 63,366 fishermen for the
third highest number in the state. Over 98% of the
fishermen in Mineral, Jackson and Hinsdale counties
come from out of county. Those are the highest
percentages in the state. However, those fishermen
only spent $8 to $12 a trip iri those counties, buying
their supplies and licenses elsewhere. About 78%
"Agriculture is the glue that keeps
small communities on the Western
Slope together. "
Rita Robinson
Director-Sustainable Mountain
Agricultural Alliance-Telluride
of the anglers in Pitkin County are non-residents, the
largest percentage in that category in the state.
There are hundreds of pieces of information in the
study. Western Slope residents might want to take
a look at the numbers to see if beliefs about the sport-
ing population are confirmed. Businessmen might
want to ponder some of these questions: Should
efforts be made to attract out of county hunters and
out-of-state fishermen who spend more money? Is
the hunting and fishing population spread out as well
as it should be? What more can be done to take a
greater share of the $1.2 billion in revenues and pour
the money back into improving the resource? What
is more important, the quality of an experience or
the quantity of fish and game?
WHAT'S IN A NAME?-"International tourists,
according to the studies, want to see national parks,
Disney and cowboys and Indians when they come
to the United States, "says Dinosaur National Monu-
ment Superintendent Dennis Huffman. While there is
no Disney here, there could be more national parks
depending on the outcome of four studies being con-
ducted now. The name of DINOSAUR NATIONAL
MONUMENT could be changed to Dinosaur National
Park. If the change is made, Huffman feels it would
attract a lot more attention to the park. "You only have
to look at what happened in Nevada at Great Basin
National Park to see what a difference a name can
make, "says Huffman. Even though Great Basin was
a national monument before being designated a
national park in 1986, visitation has increased 170%
since the name change. "In the American mind, the
park designation means something. Feople want to
spend time at a park and know that it contains
something special," Huffman believes. "I am con-
stantlybeing asked where the monument is. People
are expecting to see a statue or a rock, not a big park
filled with all kinds of natural wonders. "Huffman feels
the study and hearing process has been invaluable
because it has given everyone a chance to air the
real issues, even it nothing is done to change the
status quo.
A study is continuing on whether the COLORADO
NATIONAL MONUMENT should be changed to a
park. A possible 70, 000 acre expansion o/the monu-
ment's boundaries is also being considered.
"The geology in the BLACK CANYON OF THE
GUNNISON and Gunnison Gorge is a dramatic
example of what water erosions can create, "says
superintendent o/the Black Canyon National Monu-
ment, John Welch. "The fishery in the Gorge is of
special significance, "says Welch. "The scenery is
spectacular. " A study of the unique resources in the
Gunnison Gorge is being conducted to see it that area
should be included in the Black Canyon. A document
outlining the different a/tematives for the Black Canyon
will be finished in September. Last year 269,000
visitors viewed the canyon from the Montrose
entrance. A ranger station and visitors center is being
constructed next to Chasm View -the most popular
stop on the North Rim.
MESA VERDE NATIONAL PARK had more visitors
last year than they have had since the park was
opened ... approximately 772,000. Superintendent
Robert Heyder says visitation so far this year is ahead
of the count in 1988. Mesa Verde and Hovenweep
National Monument do not contain all the Anasazi
ruins in the Four Corners area. Hundreds of sites have
been identified as part of a study connected with
whether a new national park or monument should be
opened in the Four Corners area. Heyder says the
significant sites have been narrowed to 20 or 30 loca-
tions in different federal jurisdictions and some on
private land. The preliminary report on prospective
sites and how the park or monument could be set
up is due to be finished in June, says Heyder. Con-
gress will receive the final recommendations by
October. Congress decides i/ a park or monument will
be established and what will be included in d. Heyder
indicates that, if a park is established, the National
Park Service will determine how d is administered and
where.
REBORN-There was a sigh of relief when the
DURANGO AND SILVERTON NARROW GAUGE
RAILROAD ran their first train of the season May
6th. A fire in February destroyed most of the railroad's
roundhouse in Durango and damaged all the trains.
Crews were able to repair two of the trains for the
beginning of the season. Amos Cordova, railroad
manager in Durango, anticipates the third train will
be in operation on June 5 and the fourth by June
19th. The scenic narrow gauge hauled 186,722
passengers last year, adding millions of tourist dollars
to the southwest Colorado economy. Cordova says
they hope to attract 200,000 riders this season.
Reservations are 20% ahead of last year at this time.
Reconstruction of a new roundhouse will start in mid-
June. Besides the regular trains, the narrow gauge
runs a rail bus twice a day from the Rockwood sta-
tion to Cascade Canyon and occasionally further for
backpackers and others who do not want to go all
the way to Silverton. The rail bus was built from the
ground up in 1987, says Cordova, because of the
need for it. The bus holds 80 passengers and is
powered by diesel engines.
YEA FOR VOLUNTEERS-Some of the best moun-
tain bike, snowmobiling and cross country ski trails
in the world are now available in northwest Colorado.
The KOKOPELLI bike trail was opened in May and
runs from Loma to Moab, Utah, a distance of about
125 miles. A 120-mile snowmobile trail from
Powderhom Ski area to Sunlight Ski area, the SP Trail,
was opened last winter. Both trails were constructed
by volunteers, primarily on federal land. Recreation
Supervisor for the Forest Service in Grand Junction,
Dale Bittle, says, "The snowmobile trail was an effort
to spur a winter industry /or the locals and develop
something besides downhill skiing. "There are more
than 300 miles of loop trails marked on Grand Mesa.
Bittle says the Forest Service would consider approval
of an endeavor to build huts on the trails and run them
on a concession basis. Crag Crest Trail on the Mesa
was the first nationally designated cross country ski
trail, in 1970. Now there are about 50 miles of
designated cross country ski trails. Bittle would like
to see 150 more miles labeled. "Weekend visftors this
winter to the Mesa were up 2,000%," says Bittle.
Talks are underway now with clubs to map out and
construct a series of mountain bike and all terrain
vehicle trails on both Grand Mesa and the Uncom-
pahgre Plateau. Bittle says, "It has been fun to watch
all the different interest groups working together to
create a Vail system that everyone can enjoy no matter
what mode of transportation they choose. "
SMALL THINKS BIG-"Agriculture is the glue that
keeps small communities on the Western Slope
together," states Rita Robinson, director of the SUS-
TAINABLE fIflOUNTAIN AGRICULTURAL
ALLIANCE (SAflALL) in Telluride. "There are a lot
of family farms in western Colorado and people who
want to be in farming. Many of them want farming
and ranching to be more viable," continued Robin-
son. The Allilance includes institutions such as Colo-
rado State University, the Windstar Foundation, High
Desert Research and the Telluride Institute as well
as individual growers and producers. SMALL hopes
to help farmers identify crops which are economically
and environmentally viable. The Alliance has three
main goals: 1) Communicate through networking
among farmers in the region so everyone is aware
of what is being grown and how; 2) Facilitate by help-
ing to arrange and receive information from non-farm
research so facts and figure are available to anyone
who wants them; 3) Education by conducting
workshops and seminars using successful farmers
as presenters. Robinson said eventually the group
hopes to shape future crop and method research.
He emphasized that there is no one successful crop
or method. "The key is the system," comments
Robinson. "The farmer and rancher have to see what
works for their particular conditions." SMALL has
sent surveys out to 600 producers on the Western
Slope. The detailed information will be made
available in July as part of a $36,000 grant from the
U.S. Department of Agriculture. Anyone who wishes
to be surveyed or wants a copy of the report can con-
tact Small at 728981 or P.O. Box 1770, Telluride,
81435.
In the 12 Western Slope counties from Moffat to
La Plata, over 168,600 acres are planted in crops
including wheat, corn, barley, and vegetables. "That
average amount," says Tri-River Extension agent in
Grand Junction, Curtis Swift, "does not include hay,
which is the largest crop. The TrfRiver counties which
include Mesa, Delta, Montrose and Ouray sold their
crops for more than $67 million in 1987. The receipts
for livestock for the same counties in 1987 were $94.2
million."
The amount of hay being grown in the state is not
known, but it is a large crop in western Colorado.
The price for good alfalfa is the highest it has ever
been. Premium alfalfa hay was being sold for $100
a ton at the end of last summer, more by the bale.
The publication Record Stockman shows that
advance contracts on this year's alfalfa crop are
averaging $10-$20 higher than the price last year.
The major customers are in areas where drought
conditions were severe last year and have not eased.
Many Western Slope residents have decided to
keep ranching but in anon-traditional way. They have
obtainetl a park permit from the Division of Wildlife
and have established deer and elk herds on their
ranches. Some land owners sell the meat and other
products from their game herds; others allow private
parties of hunters. The Royal Elk Ranch in
Powderhorn outside Gunnison started out as a hunt-
ing estate. Ranch manager, Bob Chilcote says the
owner is thinking of supplying meat to restaurants
and has shipped elk horns to Asian markets. Five
hundred acres of the ranch have been surrounded
by an eight-foot-high fence where a herd of about
42 elk are kept. Most of the original bulls for the herd
came from Montana. The ranch is owned by Rocky
Alburtis of Lubbock, Texas. The DOW requires a
landowner to obtain a commercial park License for
$100 if they keep any wild or exotic game on their
property. There were 48 licenses issued for the
Western Slope in 1989. While many landowners are
raising elk and deer, others have game birds such
as pheasant and chukar, or unusual animals like
snakes, ostriches, wolves, kangaroos and mouflon
sheep.
DOGIES!-Delta will be the site of the NATIONAL
LITTLE BRITCHES RODEO for live years starting in
the summer of 1990. That could mean a $1 million
windfall for Detta and the surrounding area. The week-
long event attracts anywhere from 500 to 600 par-
ticipants and their families. Most of the families stay
in the area about 10 days and 65% of them spend
more than $1,000 while the rodeo is in progress,
according to a survey done for the Little Britches Com-
mittee. Alot needs to be done to prepare for the event.
Delta City Manager, Steve Schrock observes that the
improvements to be made to the fairgrounds and
camping facilities will allow the community to attract
even more horse events. The /airgrounds are privately
owned by the Roundup Club. An indoor arena, an
additional 200 stalls and about 80 hookups for recrea-
tional vehicles are planned as part of a Colorado Ini-
tiatives Project. Schrock feels that attracting horse
ranchers and events is a niche in the local agricultural
economy that needed to be filled.
SUPERIOR-The largest of the only seven saddle
tree manufacturers in the world is located in Grand
Junction. SUPERIOR SADDLE TREE COMPANY
craftsmen custom make the wooden frames used by
saddle makers. Customers have included Queen
Elizabeth, Ronald Reagan, Kenny Rogers, and Tom
Selleck, as well as the biggest names in rodeo. The
saddle trees, even though they are made only for
western saddles, are sold all over the world. Business
co-owner Helen Felkins says, "The business is not
a big money maker, but is satisfying because every-
day Ican pick up the phone and talk to the world."
Sonny Felkins got into the saddle tree making
business 12 years ago out of frustration. He was a
building contractor at the time in the Vernal, Utah
area. He wanted a special saddle tree made for a
race horse and was appalled to find out how long
ft would take to get the tree because the firm in Vernal
was so backordered. Felkins decided to put his
carpentry skills to work and purchased the business.
Felkins set up shop in Moab but became stymied
there. Whenever a machine broke down or some-
thing needed to be fixed, ten employees were idle
while the parts were ordered from Grand Junction
or Salt Lake City. Felkins said that was too costly.
That plus the fact that his elderly mother lives in
Grand Junction prompted the move to Colorado,
along with all ten employees from Moab. The Mesa
County Economic Development Council chipped in
funds to help with the relocation. Felkins says they
have orders for 285 trees, but they are only able to
produce 12 trees a day. There are over 400 different
fronts or styles of saddle trees the company can pro-
duce. "You can understand why it takes a while to
train someone to do quality work," says Felkins.
Business has picked up considerably this year. The
price of leather has gone up in the last three years
because green hides are now being traded on the
stock market. Felkins says many lots are bought by
customers in the Far East who then turn around and
sell them back to the U.S. As a result, the price of
leather has gotten higher. "Intermountain Veterans
Park is the nicest racing facility in the western United
States," Felkins feels. She hopes the amount of
horse events in the valley will continue to grow. As
a hint she adds, "It's a pity that the Colorado Futurity
race is run in Raton, New Mexico."
RIDE 'EMCOWBOY-"The national advertising has
brought in the business that is the frosting on the
cake, " says Grand Junction saddle maker Bob
McCray. McCray, who has been in business in Grand
Junction since 1977, says the business he gets from
the Western Slope for his custom saddles and other
tack plus the repairs he does on leather items has
always been enough to pay the bills and make a living.
In the last three years, he has run an ad in a national
horse magazine, and that has attracted a lot of extra
business. McCray says that, "The amount of business
this year is way ahead of last year at this time. "Seven
saddles are being made now. That plus the repair
work keeps McCray and an apprentice busy. McCray
says there are more outtitters here than he has seen
anywhere else. The bulk o/ his custom saddles go
to working cowboys. A pleasure saddle is his next
most popular style.
BIT BY BIT-Prince Charles of Great Britain is only
one of the many worldwide customers of The Roy
bit and spur makers in Montrose. "The Prince
ordered spurs for polo," says business owner Roy
Robinson. "We have sold our bits and spurs in
Canada, Australia and West Germany, too," adds
Robinson. Robinson owned a western wear store in
Rosenburg, Texas prior to his move last year. He
started making spurs and bits when he could not get
top quality merchandise for his store. He moved with
the help of a $3,000 relocation grant from the Mont-
rose economic development group. "I had hunted
in the-Montrose area for a number of years and I
wanted to move to the mountains," explains Roy.
One employee and three family members who work
in the operation also came with Robinson. Robin-
son works with stainless steel and silver to produce
bits, spurs, saddle hardware and custom made door
and building hardware. Robinson says they got into
the hardware business because there seemed to be
a need for top quality pieces. Most of Robinson's
hardware production goes to Telluride and Texas.
Robinson plans to expand in the next year, finding
more ways to utilize his equipment.
UTElNDIANS-The 'Ahvays Buy Colorado" program
and aggressive marketing have made a big difference
in the amount of pottery being sold by the UTE
MOUNTAIN UTE INDIAN POTTERY FACTORY. The
30 workers at the factory are turning out 500 to 1,000
pieces a week, says assistant plant manager, Carol
House. The pots, mugs and other ceramic pieces
decorated with Ute motifs are being sold throughout
the western United States now. Last year, as the result
of an exhibit at an Always Buy Colorado fair, King
Soopers executives in Denver ordered the pottery for
their stores. The demand for the pottery with the sUik-
ing geometric designs has prompted an increase in
the stall of the factory to about 30 workers, up from
the 10 who had been creating the pottery as a tribal-
subsidizedbusiness for 20 years. House says the tribe
is still helping, but not as much as before because
fhe funds are not needed. Artisans meet a quota, but
they are allowed to put any design and colors they
want on the pieces they are making. Mugs are the
best selling items /rom a choice of 25 or so different
shapes. House says that, while the factory has com-
mercialized the traditional way of making the ceramic
pots and painting them, they are still able to make
a living with their artwork. Tribal youths are hired in
the summer time to help out during the factory's
busiest time. Some of the teens are being trained to
become artists. The pottery factory is located on
Highway 160 about 15 miles south of Cortez at the
turn-off to Towoac.
written by
Linda Skinner
DELTA COUNTY SCORES BIG PRIZE
When the National Little Britches
Rodeo Association announced in
March that the national finals rodeo
would be held in Delta for five years
beginning in 1990, it was trumpeted
as a major victory for Western Colo-
rado. In fact, it is much more.
The effort to attract this event to
Delta County represents one of the
greatest success stories in the
economic development and promotion
field in several years. Rarely has a
community pulled together so com-
pletely and worked so hard to clear so
many hurdles in order to bring in
visitors to our part of the State. The
national finals rodeo is a big prize, too.
It attracts as many as 600 families,
who stay for a week and spend as
much as $115 a day. It has been
estimated that the economic impact
may be as great as $3.3 million.
The competition had been held in
Colorado Springs for nearly a decade,
and even though the City of Colorado
Springs didn't offer much in the way
of economic incentives, it is always
easier to stay where you are than to
make such a major move. So Delta
had to convince a national board of 27
people that the move was worth mak-
ing. And the red carpet was rolled out!
Delta offered not so much cash-up-
front, but big savings, and strong com-
munity suppoprt. The Fairgrounds
were offered for free, along with major
savings on services needed, and
thousands of dollars in advertising.
The town plans akick-off parade and
general Western Slope welcome for
the participants. Because of the nature
of the rodeo events, families usually
have several days of time for site-
seeing and touring. CLUB 20 will help
with promotional materials designed
to let the visitors know how much
there is to see and do in Colorado
West during the Summer.
Delta County will be manning a
booth for such information at the last
national finals rodeo to be held in
Colorado Springs (this August). The
prize saddles will be provided by
Delta, so the feeling of good will
between the rodeo-ers and the West-
ern Slope is getting an early start.
One other little-mentioned fact may
be the best news of all ...each year
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the families participating in the
national finals "turn over" as much as
60%, so over a five year period
several thousand families from all over
the United States will discover Colo-
rado West because of the efforts of a
group of dedicated citizens from Delta
County.
All of the Western Slope is proud of
Delta's accomplishment, and looks
forward to helping welcome the
National Little Britches Rodeo!
SCENIC BYWAYS STRENGTI~EN TOURISM INDUSTRY
When the U.S. Forest Service began the
process of dedicating National Forest Scenic
Byways, it didn't take long for Colorado West
residents to act. The San Juan Skyway
became the first such route designated in
Colorado.
The scenic "loop" drive connects the
CLUB 20 towns of Durango, Silverton,
Ouray, Ridgway, Placerville, Telluride, Rico,
Dolores, Cortez, and Mlancos. It includes the
famous and historic "Million Dollar
Highway," and is one of the nation's most
beautiful drives. Work has already begun on
marking the route, erecting signs and scenic
turn-offs along the 232-mile route.
Such routes, after designation, become
eligible for national funding for such signs,
turnouts, public facilities and scenic trails.
The Bureau of Land Management is now
getting in on the act, too. BLM has imple-
mented its own "National Back Country
Byways Initiative," part of the national effort
to promote scenic byways. A 1986 study for
the President's Commission on Americans
Outdoors found that 43% of America's adults
identified driving for pleasure as a favorite
leisure pursuit. The Colorado Tourism
Board's own study underscores the impor-
lance of the driving vacation to our State's
tourism industry ... it is the area where we
have the most to gain. Surely no area of the
West has more scenic byways than Colorado
West, so CLUB 20 is spreading the word that
federal agencies involved in such official
designations are looking for business.
Communities interested in cooperating
with the BLM effort can obtain information
from the BLM District Offices in Craig, Grand
Junction and Montrose, or contact CLUB 20
for more information.
NORTHWEST COLORADO GETS SMALL BUSINESS RESOURCE CENTER
The Colorado Community College
and Occupational Education System
approved a grant of $30,000 in March
for Colorado Northwestern Community
College to implement a comprehensive
Small Business Resource Center.
Funding for the operation comes from
the Office of Rural Job Training and the
Governor's Office of Job Training.
Residents of northwestern Colorado
have been working to obtain the pro-
gram for 5 years, since the Small
Business Management Program began.
The College's Board of Trustees approv-
ed such a program in 1984, and this ma-
jor grant will allow it to be fully imple-
mented. CCNC will match the grant and
begin the program, which will be admin-
istered on the Rangely campus.
Service area centers are located in
Meeker, Craig, Hayden and Yampa.
Their purpose is to provide a wide range
of services to people who are trying to
start a small business, or are struggling
to help such a business succeed, or
who wish to expand already existing
businesses. The services include coun-
seling, training and education, and
access to valuable resource materials
such as books, computer software,
databases, and other similar informa-
tion. The Center is seen as a big factor
in the economic development efforts of
Northwestern Colorado. Program
administrators estimate that as many as
100 businesses will be assisted this
year, and hopes are high for more new
business start-ups, fewer failures and
healthy expansions.
~~~~ ~~~~ ~~ ~~~c~~~~ ~~~o~~~~
Position Name Address Phone-work home
Chairman
Chairmanelect Joe Prinster
Jasper Welch 1302 Chipeta, Grand Junction 81501
950 E. Second Ave.
Durango 81301 245-3836
247-5212 245-2659
Secretary
Treasurer
LaMoine Brown
Kay Ha
ashi ,
P.O. Box 730. Montrose 81402
1280 C
249-2000 247-0320
249-3385
Past Chairman y
Dan Noble onnell Ave., Grand Junction 81501
P.O. Box 71, Norwood 81423
327-4255 P4P_2494
327-384
Reg. 9 Vice Chairman
Reg. 10 Vice Chairman Ken Brengle
Bob Decker P.O. Box 2587, Durango 81302
2 Irwin St
Gunnison 61230 247-0312 247-4698
Reg. 11 Vice Chairman
Reg. 12 Vice.Chairman
Flaven Cerise
Bill Hai
ht .,
P.O. Box 97, Carbondale 81623
P
O
B 943-2118 641-1196
963-2634
Special Appointees g
Fred Collett .
.
ox 308, Steamboat Springs 80477
P.O. Box 326, Gypsum 61637 879-1319
524-7777 879-6216
Bob Simillion
Sam Suplizio P.O. Box 770071, Steamboat Springs 80477
P
O
Box 100
Grand Junction 81502 879-1160 879-1263
David Reed .
.
,
P.O. Box 1149, Montrose 81402 243-6600
249-4501
COMMITTEE CHAIRMEN:
Economic Development John Hess (Frisco 668-5445) Stan Broome (Mon trose 249-2436)
Natural Resources Bob Beverly (Grand Junction 242-2753)
Tourism David Anderson (Montrose 249-2436)
Transportation Stan Dodson (Glenwood Springs 945-2233) Wayne Kefth (Montrose 249-6727)
Membership Jim Evans (Rifle 625-1723)
Agriculture Mark Harris (Grand Junction 242-8374)
~~~~ ~Bu~ ~~ arc~~rs
Position
' Name Address Phone-work home
Archuleta
Den Medray Carpenter - A P.O. Box 422, Pagosa Springs 81147 731-2467
a Roger Blouch - D 1090 A St., Delta 81416 874-8710
Dobres' Harmon Lowman - A
Wayne Magness - D 993 Hvry. 65, Austin 81410
P
O
Box 176
Cahone 81320 835-8162
Eagle
Ken Norman - D .
.
,
P.O. Box 97, Eagle 81631 677-2811
328-6914 562-4521
Garfi
ld' Roy Robinson - A P.O. Box 450, Eagle 81631 328-6656
e Marian Smith - D 1332 Grand Ave., Glenwood Spgs. 81601 945-9158 945-5838
Grand George Mitchell - A
Bill Needham - D 404 Hutton Ave., Rifle 81650
P.O. Box 286
Granby 80446 625-1346 625-2270
Gunnison'
Dick Leonartl - A
Marlene Zanetell - D ,
P.O. Box 84, Fraser 80442
P
O
Box 418
Gunnison 81230
725-0347 687-015q
726-yyyg
Hin
d
l
Alva Mae Dunbar - A .
.
,
P.O. Box 479, Gunnison 61230 943-2082
641-2231
641-0805
s
a
e Don Berry - D P.O. Box 144, Lake City 81235 gq4-2225 ggq_27g2
Jackson' Perk Vickers - A
Robert Carlstrom - D P.O. Box 96, Lake Ciry 81235
P
O
Box 617
Walden 80480 944-2249
Dannis V. Brinker - A .
.
,
2135 JCR 26A, Coalmont 60430 723470
723483 723-8452
Lake
' Jack Saunders - D P.O. Box 964, Leadville 80461 486-0993
LaPlata
Mesa J. Paul Brown - D 1060 E. 2nd Ave, Durango 81301 259-4000 563-4453
Lana Torrou - D 2186 Buffab Dr., Grand Junction 81503 245-0562
Moffat' Marietta Benge - A
Tom LeF
D 118 Hilicrest Manor, Grand Junction 81501 242-0284 242-5737
evre -
Chuck Powell - A 221 W. Victory Way, Craig 81625
P.O. Box 1147
Craig 81626 824-5517 824-5195
Montezuma
Bill Bauer - D ,
19501 County Road P, Cortez 61321
565-0728 624-6325
565-7742
Montrose' Jerry Wiltgen - A
LaMoine Brown - D 29 East Main, Cortez 81321
P
O
Box 730
Montrose 81402 565-4000
Oura
Dave Logan - A
Mik .
.
,
67180 E. Miami Rd., Montrose 81401 249-2000
249-5533 249-3385
249-9231 ~
y e Kern - D P.O. Box 367, Ouray 81427 325~48q
Pitkin' Chick Rahm - A
Tom Oliver - D P.O. Box 133, Ouray 81427
P.O. Box 3626
Aspen 61612 325-4415 (4609)
Rio Blanco
Eve Homeyer - A ,
810 Cemetery Lane, Aspen.81611
925-1120 ~ 825-1118
925-7142
Nick Theos - D 6909 County Road 49, Meeker 81641 878485
Routt' Peg Rector - A
Joe Boyd - D P.O. Box 299, Rangely 81648
P.O
Box 683
Hayden 81639 675-2087 675-8573
San Juan
Bob Simillion - A .
,
P.O. Box 770071, Steamboat Springs 80477 276-3731
879-1160 879_7332
879_1263
San Miguel' Lew Parcell - D
John Arnold - D 104 Duncan St., Montrose 81401
P
O
Box 964
Telluride
CO 81435 249-5080
Summit
Warren Gardner - D .
.
,
,
P.O. Box 1849, Frisco 80443 728-4245
668-5300 728-3779
468-8287
Tom Glass - A P.O. Box 387, Frisco 80443 668-5046
'Denotes directors serving 1989.1990, installed 2-89
tltf0hlNCt~~A~~~~~~r-bad ~~~®
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The recently formed Manufacturers Association
of Western Colorado kicked off its membership
campaign by sponsoring its first Annual Manufac-
turers Expo on April 8th and 9th. The Expo had
about 75 manufacturers from Western Colorado
showcasing their products at Two Rivers Plaza in
Grand Junction. The Expo, with Governor Roy
Romer doing the opening ribbon~utting ceremony,
attracted the attention of several thousand visitors.
The event was open to any of the 400 + Western
Slope manufacturers. It was designed primarily to
make the manufacturers aware of each other, and
the general public and government purchasers
aware of what is available.
The M.A.W.C. was conceived and formed by
Tom Richter of Universal Corporation in Grand
Junction to keep Colorado money in Colorado. The
M.A.W.C. has already received a great response
to the Expo and is now actively increasing its
membership. The result will be a positive monetary
impact for our part of the state.
For more information about M.A.W.C., contact
TOM RICHTER at 242-5267, or call CLUB 20 at
242-3264.
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By Greg Welcher ~~~~`_
Club 20 President ~~ _~,,~_ ., ~ I
.. ~.. I
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In the first few months since I
became President of CLUB 20 the
organization has been on the move
non-stop. We're working hard, travel-
ing the Western Slope, and ...
having fun!
Since March 1, CLUB 20 has visited
half of our 22 countires, dozens of
towns, and numerous businesses. We
have been involved in issues and pro-
jects throughout the Slope, and have
attracted a good deal of attention from
the media. Invitations to speak at
Rotary Clubs, chamber luncheons and
other events are rolling in (we're
acceptng all of thern). There is still a
long way to go, 20 counties still to visit,
and hundreds of people still to meet.
But there is a broad recognition that
CLUB 20 remains a force in Colorado
and is as vital to our well-being as in
1954.
Beginning with this issue of COLO-
RADO WEST, we're going to tell a
bright story about success on the
Western Slope. We all know we've
been through some very difficult times
in recent years. Indeed, much of the
area is still in the economic doldrums.
But there is also a tremendous
number of success stories in every
single community. What we should do
is focus on this success, study it,
analyze it, and determine how to
duplicate it. Success takes on many
different forms. In some cases, a
single high school student worked
hard and won a state or national com-
petition, bringing honor and pride to
the community and the Western
Slope. In other cases, an entire com-
munity pulled together and accom-
plished big things for the benefit of all.
These stories should be told, and
we're starting here.
We're also going to begin featuring
an account of new businesses which
locate on the Western Slope,
businesses that expand their opera-
tions, and other new jobs being.
created. None of these accounts can
be complete, of course. There are
many other positive stories to tell. The
point is that part of the job of pro-
moting the Western Slope includes
talking about the great people who live
here, not just the beauty of our moun-
tains. This is an easy task. Western
Colorado residents are among the last
of the "rugged individualists" who
believe that the solutions to our prob-
lems are already here -not on the
other side of the mountains, or on the
other side of the country. When we
work together we can accomplish
what none of us could do by
ourselves.
That remains the cornerstone of
CLUB 20, working together to build
prosperity and quality of life .Please
.let us know of any chance to spread
the word about this important work in
your community. We are anxious to
get out of the office and help every
member achieve a louder voice.
J ~
DESIGN REVIEW BOARD AGENDA
MAY 31, 1989
1:30 pm
Site Visits
11:30 a.m.
15 1. Mouw Residence, Remodel and addition
5084 Main Gore Drive, Lot 6, Vail Meadow 1st
MOTION: McCluskie SECOND: Sante VOTE: 5-0
1 Approval of conditions outlined in the
letter from staff.
2. Spruce tree will not be removed on west/ side corner.
11 2. Alpine Garden Sign and Entry Gate
Ford Park - Lower Bench
MOTION: Sante SECOND: McCluskie VOTE: 5-0
Consent
9 3. Chester Residence revisions
Lot 19, Block 1, Vail Village 1st Filing
MOTION: Osterfoss SECOND: Herrington VOTE: 5-0
Approved as submitted.
4. Vail Mountain School, Modification to Approved
Drawings
Lot 12, Block 2, Vail Village 13th
3160 Frontage Road East
MOTION: Sante SECOND:_Herrington VOTE: 5-0
Landscape plan must be submitted to staff and approved
by Jamie McCluskie.
/ L
12 5. Rose Residence - 250 Ordinance
Lot 1, Block 1, Vail Village 11th
MOTION: SECOND: VOTE:
TABLED TO JUNE 7TH MEETING
1 6. Valasquez - 250 Ordinance (Addition)
Lot 4, Block 1, Potato Patch
MOTION: SECOND: VOTE:
TABLED TO JUNE 7TH MEETING
8 7. Vail Village Plaza, Unit 26
MOTION: Sante SECOND: McCluskie VOTE: 5-0
Consent
6 8. Fritzlen/Pierce Addition
Part of Lot 2, Block 5, Vail Intermountain
MOTION: Herrington SECOND: Osterfoss VOTE: 4-1
1. Change chrome dishs to painted (Terra cotton) dishs of
some other material then chrome.
2. Paint exterior vents and pipes to match existing
building.
10 9. Hoversten Addition
Lot 1, Block 1, Vail Valley lst
MOTION: McCluskie SECOND: Sante VOTE: 5-0
Approved with conditions.
~ 's
7 10. Vail 21 Repaint
MOTION: SECOND: VOTE:
TABLED TO JUNE 7TH MEETING
14 11. Ledges - 6 Single Family Homes: Getty Oil Parcel
Conceptual Review
MOTION: SECOND: VOTE:
TABLED TO JUNE 7TH MEETING
2 12. Lionsmane Phase II - color change
Lot A-4, Block A, Lionsridge Filing 1
MOTION: SECOND: VOTE:
TABLED TO JUNE 7TH MEETING
5 13. Schweinsberg - Change to approved plans
Parcel B, Stephens Subdivision
MOTION: Saute SECOND: McCluskie VOTE: 5-0
Approved as submitted.
14. Aasland Residence
Lot 3, Block D, Vail Das Schone #1
MOTION: SECOND: VOTE:
4 15. Boatman addition
Lot 4, Block D, Vail Ridge
MOTION: Osterfoss SECOND: Herrington VOTE: 5-0
Approved with conditions.
~.~ '~
13 16. Sarratt Residence addition
Lot 3, Block 2, Vail Village 11th
MOTION: Osterfoss SECOND: Herrington VOTE: 4-0-1
Approved. Ned Gwathmey abstained.
3 Valli Hi - 1280 N. Frontage Rd.
site visit only - review progress of repaint (at
request of DRB)
Site visit only.
MEMBERS PRESENT:
Pat Herrington
Peggy Osterfoss
Ned Gwathmey
Jam:Le McCluskie
Roy Sante
STAFF APPROVALS:
MEMBERS ABSENT•
Vai:1 Athletic Club - Re-roof, west end on north side.
Carl~itto Re-Roof
Alpenhoff Kitchen Remodel - Unit 11, Potato Patch Club