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1989-06-20 Support Documentation Town Council Regular Session
VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JUNE 20, 1989 7:30 p.m. AGENDA 1. Update by the Colorado Department of Health on the Eagle Mine Clean-Up 2. Consent Agenda A. Ordinance No. 11, Series of 1989, second 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. B. Ordinance No. 12, Series of 1989, second 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 thereto. 3. Ordinance No. 13, Series of 1989, second 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. 4. Ordinance No. 17, Series of 1989, first reading, an ordinance concerning the issuance of local improvement bonds of the Town of Vail, Colorado for the Booth Creek Local Improvement District; ratifying action heretofore taken in connection therewith; prescribing details in connection with said bonds and district; prescribing duties of certain Town officials in connection therewith; repealing all ordinances and other action of the Town to the extent inconsistent herewith; and providing other matters relating thereto. 5. Ordinance No. 14, Series of 1989, first reading, an ordinance making supplemental appropriations from the Town of Vail general fund, capital projects fund, real estate transfer tax fund, and the Vail marketing fund of the 1989 budget and financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. 6. Ordinance No. 16, Series of 1989, first reading, an ordinance vacating all right, title and interest of the Town of Vail in and to the roadway more particularly set forth and described in Exhibit A attached hereto and made a part hereof; and setting forth details in regard thereto. 7. Appeal of the Design Review Board decision to approve changes to design details for the Chester residence located on Lot 19, Block 1, Vail Village First Filing. Appeal made by W. Grant Williams (adjacent property owner). 8. Certification of Election Judges CITIZEN PARTICIPATION 9. Adjournment d r 'V. VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JUNE 20, 1989 7:30 p.m. EXPANDED AGENDA 7:30 1. Update by the Colorado Department of Health on the Eagle Dick Parchini Mine Clean-Up Action Requested of Council: Receive report and make comments as desired. 7:45 2. Consent Agenda A. Ordinance No. 11, Series of 1989, second reading, an Larry Eskwith ordinance adding recreational amenities tax rates for Mike Mollica new zone districts which have been formed since the original ordinance was written Action Requested of Council: Approve/deny Ordinance No. 11, on second reading. Background Rationale: The ordinance sets forth tax rates for recently formed zone districts. Staff Recommendation: Approve Ordinance No. 11, Series of 1989, on second reading. B. Ordinance No. 12, Series of 1989, second 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 second 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 second reading, except for the request to void the condition requiring the undergrounding of the utilities. 8:00 3. Ordinance No. 13, Series of 1989, second reading, an Larry Eskwith ordinance establishing the Booth Falls Local Improvement Stan Berryman District Action Requested of Council: Approve/deny Ordinance No. 13, on second reading. .~ ~ y 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 second reading. 8:20 4. Ordinance No. 17, Series of 1989, first reading, concerning Larry Eskwith the issuance of local improvement bonds for the Booth Creek Local Improvement District Action Requested of Council: Approve/deny Ordinance No. 17, on first reading. Background Rationale: This ordinance authorizes the issuance of local improvement bonds in the amount of $335,000 to finance the Booth Creek Local Improvement District. Staff Recommendation: Approve Ordinance No. 17, Series of 1989, on first reading. 8:40 5. Ordinance No. 14, Series of 1989, first reading, an Steve Barwick ordinance making supplemental appropriations from the Town of Vail general fund, capital projects fund, real estate transfer tax fund, and Vail marketing fund of the 1989 budget and financial plan, and authorizing the expenditures of such appropriations. Action Requested of Council: Review the proposed supplemental appropriations and make comments or changes as desired. Background Rationale: This supplemental appropriation is necessary to reappropriate funding for projects not completed in 1988, to formally appropriate funding for the Vail marketing fund, and to fund additional capital projects as authorized by Council. Staff Recommendation: Approve Ordinance No. 14, Series of 1989, on first reading. 9:00 6. Ordinance No. 16, Series of 1989, first reading, an Rick Pylman ordinance vacating a portion of a cul-de-sac in Larry Eskwith Intermountain, adjacent to Lot 1, Block 1, Intermountain Subdivision Action Requested of Council: Approve/deny Ordinance No. 16, on first reading. Background Rationale: The Intermountain roadway system was platted through Eagle County and subsequently accepted by the Town of Vail. The present access to Lot 1, Block 1, is a steep dirt track, although a road and cul-de-sac are platted. The steep grade of the undeveloped right-of-way is presenting a hardship to development of Lot 1, Block 1. Staff Recommendation: Approve Ordinance No. 16, Series of 1989, on first reading. 9:15 7. Appeal of the Design Review Board decision to approve Kristan Pritz changes to design details for the Chester residence located on Lot 19, Block 1, Vail Village First Filing. Appeal made by W. Grant Williams (adjacent property owner). Action Requested of Council: Determine if the DRB decision to approve the design changes to the Chester residence should be upheld or overturned. Background Rationale: The applicant requested DRB approval for design changes to window details and locations, a dormer, and roof form. The DRB approved these changes -2- ?' 1 r 'O. unanimously on May 31, 1989. Mr. Grant Williams, who lives to the west of the Chester residence, is appealing the DRB approval. Please see the enclosed letter from R. Gregory Stutz which outlines the rationale for the appeal. Staff Recommendation: None. 10:00 8. Certification of Election Judges Pam Brandmeyer Action Requested of Council: Approve/deny the three judges. Background Rationale: The Colorado Municipal Election Code requires that approval of election judges by the Town Council be accomplished 15 days prior to the election. At this time, we do not have 3 acceptances from proposed judges but will submit a memorandum to Council by Tuesday's Work Session. Staff Recommendation: Approve the judge candidates. 10:05 CITIZEN PARTICIPATION 10:20 9. Adjournment -3- ,~ a 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 .~ 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 eni:itled to additional tax credits according to the following schedule: Years Restricted Additional Credit 7 - 9 10% ].0 - 15 20% 1.6 - 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- .r ,. ~„ 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 Municipal Building, Vail, Colorado. Ordered published in full this 6th day of June 1989. Eric L. Affeldt, Acting Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of lggg. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 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 6th day of June 1989, and a public hearing shall be held on this Ordinance on the 6th day of June 1989, at 7:30 p.m. in the Council Chambers of the Vail -3- ~ - 3 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 parcels are suitable for development and meet the applicable development standards the Town has established. The following review 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 developed 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 SDD process allows for amending the development plan, however, this would require staff, Planning Commission, and Town Council 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 peg 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 forth with the minor subdivision proposed for Lot 54, Area D SDD 4. It is required that this agreement be recorded with the s ' `~ i 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 followings 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", °1Conveyance 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. p ~ a• f 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 stopo 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 believes 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. Undergrounding 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 wild 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 stop: 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 will be decreased in size in order to adequate width for the bus lane. The will be reduced in width from 10 feet This change is not positive, however, landscaping should still be able to be this area. Three aspens and 14 alpine will be in the planter. 3. Addition of the deceleration lane: cochere allow for planter to 5 feet. most of the located in current 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. ~-~OL.~ CROSS ~~~CTRIC ASSOC~A~'IOI~9 ~ I~C° . 3799 HIGIIWAY 82 P. O. DRAINER 21 SO GLEN\VOOD SPRINGS, COLORADO 81602 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, AREA CODE 303 945.5491 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. ~_ .. cc Ted Huskey, Engineering Service Supervisor TH:rjm CC: HCEA, Vail Office W/O#89-12079:51-59:Li.onshFad Circ~ii.t. #3 - Conversion - -'- ~ 5f1NoiMf'/side: tiur, 1. -. _. .. ~0~~~~®O ~~~~~-~~~~"g' o~ ~`~~-{~~~5 Local Jurisdiction: 'town of Vaii Dist/Sectioni Patrol: 30219 ~~°~~~ }-~~~~~~~ ~~~~~~i ~~~~~~ DOH Permit No.: 389015 Permit Fee: $ 75 . UU Date of Transmittal: 3-23-89 THE PERMITTEE; 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. Tf1e access s!iatl be constructed, maintained 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 Department and 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: Oti tt~e soutE~ 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 TERhNS AND CONDITIONS: See Attached Sheet. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. gy (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 notify Don EEerman with the 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 OE COLORADO, DIVISION OF HIGHWAYS ROBERT L. CLEVENGER, CHIEF ENGINEER ey (X) Date Title (Date of issue) cVPr uis t nieuitoN: Required; Make copies as necessary Ior; 1. District (Original) Local Authority Inspector 2. Aoolicant M7CE r alrol Trallic Engineer Previous Editions are Obsolete end will not be used DOH Form 101 9/85 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, 6" lifts. 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, or equivalent. The asphalt cement in the EiBP 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 No lands~a-pa.ng other than grass shall be_planted within 30 feet o he shoulder of the road. Approach shall be construced per p and"armed-"Oc~1~8~; r38 ~6 -Hi~gYi~ay wiaening~"or~~ie rigTil- urn eceleration 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 highways in the latest manual Standard Specifications for Road and Bridge Construction. The property ocaner 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 Higlicaays 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 tt~e highway at a 20 grade to ensure proper drainage control. 14 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSfiA, 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. 1G Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day. ~t ` ~~ PAGE NO. 1 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 ROAD; `A MINOR SUBDIVISION; AND STAIRWELL ADDITION; AND SETTING FORTH DETAILS IN REGARD THERETO - WHEREAS, Chapter 18.40 of the 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, THATo Ordinance No. 40, Series of 1988,, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled, Planning 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. p ~ ' Section 3. Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as :follows: 18.46.01.0 Purpose Special- Development District No.~ 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with tie 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 they 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 dwelling 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 `- 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 11first 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 Lvon Commercial Site 1. Retail 2. - Restaurant and bar '3. Business and professional offices 4. Multi-family dwelling 5. Employee d~oelling as defined in section 18.46.220 18.46.060 Conditional Uses Conditional 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 S 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 Villacre 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 recreationa]_ 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, Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 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 ~.~nits, 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 Scenario 1 shall allow for three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 18.46.103F. 18.46.100 Density--Floor Area A. Area A, Cascade Villacre 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 Q ° 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 Villaae 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-l, and the special attraction use. B. Area D. Glen Lvon 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 Villaae, and Area D, Glen Lyon Commercial Site 9 1~ .. A. AREA A CU6IPLETED PROJECTS CASCADE ' pETnll/ ON SINE ~ STRUCTURE PARKING PARKING Du GRrn corUl sQ FT . nu 28 0 16 20,000 ' M1LLP,nCE I 14 11,534 11lllRncE II - , p 115 LJESTIN 148 55,457 ' 104 seats 0 0 Alfredo's 0 0 ' 14 seats ~ Crfe 0 ` 0 ' 1250 ~ little Shop 0 2436 0 Pep! Sports 0 900 N b H Sm(th,'"Vaurnet CNC BU1LO11IG 0 16 • Cascade 11ing 8 15,810 ~ 0 13.3 ' 1600 Clancy's 28 4220 Theatre 40 4792 0 College Classrooms 954 0 4 College Office 1387 0 6 Ntg Raom 2J TEr,RncE uulG . o 105 Rooms 120 58,069 0 20 585G Retail 0 .~ 1. ~1 CUtfPIETED PROJECTS (Con't) AU DU GRFA RETAIL/ COMM SQ FT UPl SITE PARKING CASCADE STRUCTURE PARKING PLAiA 1 0 16 20 1205 Aoons ~ D 4 1099 RetaaT PtA1A lI 8291 0 35 Conference ~ p ~ 3 925 ~ . Retail CASCADE CLUB• D 1 300 Retail ~,6 612 ~ Bar 8 Restaurant 3 B28 0 Office in CMC T 1386 0 Wellness Center 11,706 38 174,135 53 . 422.. TOTALS 288 .. .. D. AREA A PROPOSED PROJECTS 1. CURIJERSTUIJE AU UR 1R DU GRFA Units 5C TR 28,110 Accessory Ski Reta i 1 Restaurant Hotel Access Rest ~ Bar Office Conf Room Hotel Retail Scenario 1 Retail or Scenario 2 Retail Access Ski (Restrooms (Ski School (Lift tickets CUh11~ERCIAL 2190 3000 2465 4850 285 1 13,250 or 2 16,275 SEATS 141 82 TOTALS 50 TR 28,110 Scenario 1 26,040 or 229 Scenario 2 29,065 SQ FT 1725 7140 8865 CASCADE/WATERFORD Uld SITE STRUCTURED PARKING PARY.ING 48,1 (av room 561 sf 0,962 space/room) 7.3 18.4 10.3 19.4 1.2 ,0 44.2 or 54.3 N .~ 0 p Scenario 1 155.9 or Scenario 2 166 ,' 4~ CASCADE/blA~EpFURD AIjE.A A PROPOSED PROJECTS (CUI•JT.) UN SITE STRUCIU,E PARKING 2. 4JATERFURD AU OR ?R DU GRFA COhil-1ERCIAL SEATS SV FT PARKING . UNITS ~ ~ 60 Scenario 1 30 47,500 or 75 or Scenario Z 75 TR. . 12.7 RETAIL 3,800 Scenario 1 72.1 TOTAL Scenario 1 75 TR or 47,500 3,800 Scenario 2 87,7 or Scenario 2 30 DU 3. 4JE5THAVEN CUIJDOS 40 UNITS ?.0 22,500 , Emplc~~ee Units 10 6,400 * 20 ~, Max ~ 60 ~ 20 TU?-~l. DU 22,500 . 4. hIILLRAGE III 6 3 UNITS 6,000 6 TOTAL 3 DU 6,000 5. h1ILLRACE•IV ~ 16 UNITS Scenario 1 8 11,200 or 26.8 or Scenario 2 32 AU 14,000 TOTAL ~ J3 Scenario 1 DU 11,200 16 or 26.8 32 AU or.Scenario 2 14,000 , * Restricted Employee Dwelling Units shall not count toward density or GRFA, AREA A PROPOSED PROJECTS (CUN~I.) AU UR TR DU GRTA CUhihiERCIAL 6. CASCADE CLUB ItbU1T IUf~ Scenario 1 4,500 Wellness Ctr or Scenario 2 Gwnnasium J TOTAL Scenario 1 4,500 Scer~~irio 2 ?: RUUbi 2J CUIIFERENCE COI~VERTEU TU 1,87 TIiEATP,E TOTAL 1,387 8. PLAZA OFF1%E 925 TOTAL **** ~ 118,110 38,752 h1AXIMUM$ Total - 101:5 DU ** Room 2J hay already been counted as conference space parking. The new parking requireir~ent is based on the. 'diFfereilce between conference and theatre parkiny requirements. ' ` CASCADE/WATERFORD Oh! SITE STRUCTURED PARKING PARKING SEATS SQ FT _ _ 22.5 4,500 0 22.5 4,500 5<5 ** 5.5 .7 *** . 13,365 66 Minimum 310 Maximum • or ' ~ 235 Minimum *** Plaza space has already been counted fora retail parking re4uirement. The ne~~~ parking requireii~ent is based on the difference between the retail and office parking requirements. **** Total figures represent highest density and commercial scenarios. C. TOTAL PROJECT DEVELUPh1ENT CU~~IPLETED AND PRUPUSED FUR AREA A: ' CASCADE/WATERFORD UI! 51TE STRUCTURED DU GRFA CUFV~IERCIAL PARKING PARKING . ~-laxioium** Minimum*** 422 422 CUh1PLETED PROJECTS 182.0 174,135 17,786 53 38,752 66 310 ~ 235 PRUPUSED PROJECTS * 101.5 118,110 TCT~~L DEVELUPh1ENT AT BUILD-OUT 283.5 292,245 56>538 119 ~~1inimum 732 Maximum vrith 657 14inimum 4rith 17.5% Mixed Use 11.5% Mixed Use Credit = 604 spaces Credit = 543 spaces 421 spaces in 421 spaces in Cascade Structure and Cascade Structure 183 spaces in 122 spaces in Waterford Structure Waterford Structure *Total figures represent highest density and commercial scenarios. **~1ar,inn~m parking structure requirement assumes Cornerstone Scenario 2, baterford Scenario 2, Millrace IV Scenario 2, and Cascade Club Scenario 1. ***1~linimum parking structure requirement assumes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario 1, and Cascade Club Scenario 1. 'D. TOTAL PROJECT MINIMUM AU UR TRs AND MAXIMUM DUs FUR AREA A: ~~ AU UR TR CUh1PLETED PROJECTS. ~ 288 AU 38 PRUPUSED PROJECTS 50 TR 61 .~ TOTAL 338 99 9 E, Development Controls Area Units GRFA Acresl 16 DU/Acre ( 351 Original Parcel 15.68 252.00 256,437 Robbins Parcel 1.23 19.68 18,752 Cosgriff Parcel 1.045 16.72 15,932 17.955 288.4 291,121 F. DEVELOP?•SENT FOR AREA D, GLEN LYON CO?•II•1EF.CIAL SITE USE GRFA CO?-Ti•1. SO . FT . PARKI?1G 1. EYISTING OFFICE 10,150 I I 40.6 2. G1E~n Lyon Office Adl 2 400 9.6 3. MICRO-BREWERY* OFFICE 700 2.8 BEER HALL 1,774 14.7 I 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 I 2,400 9.6 or OR Scenario 2 5,725 22.9 OFFICE ALS Scenario 1 3325 Office 14,950 Brew. 11,793 101 Scenario 2 Office 18,2,75 Brew. 11,793 108 * Additional square footage is allocated for common area per the development plan. 16 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 Corr.~erstone 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 ~;olstice, Roma, 10/10/88. 6. Waterford Site Plan, Roma, 10/]_0/88. 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 Flan, 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, 10/1Oj88. 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 Ana:ysis, 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 Lvon 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, ELEVATION'S. 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 DESIGN FOR SOUTH FRONTAGE ROAD RBD OCTOBER 18, 1988 A~~ 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 Development 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 le:~s 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 setbac}: from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the develep~<<ent plan. C. •Area C, Glen Lyon Duolex 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 di:~tance measured vertically from the existing grade or finished grade (whichever is more restrictive), at <iny 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 V:illaae 1. The maximum height for the Westin Hotel, CP~iC 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 4R feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entrv 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 Lvon 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 54% of the roof shall have a height between 32 and 40 feet. 46% of the roof area shall have a height under 32 feet. On the perimeter of the buildings for Area D, height is measured from f~_nished 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 In Areas A and B, no more than 350 of the total site area shall be covered by buildings, provided, if any portion of the area is aleveloped as an institutional or educational center; 45% of the area may be covered. In Area C, no more than 25% of the total ssite 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 38% of the total site area ~~hall be covered by buildings and the parking structure. 20 18.46.170 Landscatiing 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 Loadin~x 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 ~~paces in the Waterford structure. 3. The Cascade a.nd Waterford parking structures shall be considered to be one parking structure for the purposes of calculating the mixed use credit for parking spaces. Both par}sing 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 par}sing 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, t:he developer shall be required to make a final decision as to whicr. 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, rillrace 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, key 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 pear 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 Pol:lutio~ Contro:Ls 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 con:~ervation 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. p. All parking strut:tunes shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation Distract 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 inversicns. 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 I:II, Millrace IV, Westhaven a 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 ~~ubsequent 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 i_or 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 Lyon 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. THE DEVELOPER AND/OR OWNERS OF AREA D SHALL BE RESPONSIBLE FOR MAINTAINING THE NEW BUS LANE, INCLUDING SNOW REMOVAL. IF THE LANE IS NOT MAINTAINED PROPERLY OR SNOW REMOVAL IS NOT ADEQUATE, THE TOWN WILL NOT PROVIDE BUS SERVICE TO THE SITE. 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 26 property from th.e 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, offices expansion, east office building, or parking structure. 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 oi: 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 hydrani~ 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 bui:ding, or parking structure. 7. THE DEVELOPER SHALL CONSTRUCT A DECELERATION LANE ALONG SOUTH FRO]1TAGE ROAD PER THE CDOH ACCESS PERMIT. 8. The conditions :Eor 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 27 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 COPIC'fiJNITY 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 STATEMEN'T' 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 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. f. 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 O]? 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 WRIT~PEN 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 SD4. 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, Mi.nturn, 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 lease/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 before 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 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 thE~reof, 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 hereby 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. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVEDLI ON SECOND RE;ADING AND ORDERED PUBLISHED this day of` 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town C1_erk _- • ~~ e • EYHILIT "A" KOELDEL PROPERTY' DEVEF~OPi•IE:IT AREA A Vail-Rose 12.370 acre A part of the Sta 1/4 NE 1/4 of Section 12, Township"5 South, Range 81 t•Jest of the 6th P.I~i. , described as follows: "~ Beginning at a point on the hest line of said St•J 1/4 NE 1/4 from which the North one-quarter corner of said Section bears North 0°15' East 2269.48 feet; thence North 0015' East, along said Nest Line, 152.36 feet to a point on the Southeasterly right of way line of U.S. High~ti~ay t1o. 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 St•7 1/4 NE 1/4; thence North 88°33' East, along the North line of said St~7 1/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, alona_ the centerline of Gore Creek, as follows: South South South South South West, 1064.10 fe Rose Parcel 36049' t4est, 101.04 feet; 18021' West, 54.08 feet; 1024' t•Jest, 205.02 feet; 12010' West, 110.25 feet; and 28041' tti'est, 242.35 feet, thence ~t to the point of beginning. South 75°15' 3.190 acre A tract of land situated in the SS•i~NE~ of Section 12, TP 5 S., R. 81 W., of the 6th P.:•1., 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 said 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 the 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. 28°41' 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. 49°29' 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" tV. 140.12 feet along the Easterly line of that tract described in Book 211 at page 108; thence N. 57042'30" tJ. 169.88 feet along the Northeasterly line of that tract described in Book 211 at page 108; thence N: 86°02'30" W. 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" t4. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning. ,. ~ p 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, To.~mship 5 South, Range Sl j•~est of the 6th Principal Meridian, described as fol]_ows: 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 346.2.6 feet; thence South 32 degs. 57 min:. 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. S•?est 111.31 feet along the center line of_ said creek; thence North 38 degs. 40 mins. West 239.09 feet along t:he center line of said creek; thence South 76 degs. 35 min:. 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 GORE CREEn ASSOCIATES PROPERTY DEVELOP~IEr;T AREAS B, C & D Leval De=criation 16.820 acres 80.700 acres All that part of Section 1.2, To~•mship 5 South, Range 81 West of the 6t:h P.M. , described as follo:•rs All that part of the NiNE~ of Section 12, lying Southerly of the Southerly right-of-way line of U.S. High:aay No. 6 and Northerly of the Southerly line of said N ~NE~ , as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as fo11o~•rs: Beginning at the high~•ray survey monument at the intersection of the Southerly line of said highway and the Easterly line of said N~NEs, whence the Northeast corner of said Section 12 bears North 0°03' '49est 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 62°15' 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 51°32' 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 ;NE;; thence North 88°33' East 497.67 feet along the Southerly line of said NzNE~ 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 ENE; to -the Southeast corner of said N ENE;; 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, ~, . ~ co:.Tr~.TuED AND All that part of the SS9;NE; of Section 12, lying Southerly of the center of Gore Creek as sho~•m on the plat on file in the office of the Eagle County ~~lerk and Recorder as Document No. 97489, descri bed as follows: Beginning at the Northeast corner of said Sjv;NE'-.,; thence South 88°33' West 131.67 feet to a point in the center of :-.,. r'•'.- said Creek; thence South 40°09' West 94.04 feet along the center of said Cree. ; 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' ~ti'est 110.25 feet along the center of said Creek; thence South 28041' West 320.00 feet; thence South 5°24'3 0" 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 65034' West 109.62 feet along the center of said creek; thence South 69004' West 186.13 feet along the center of said creek; thence South 85°25' West 68.88 feet along the center of said creek; thence ~lorth 77°36' West 2Ei.96 feet along the center of said creek; thence North 50032' West 199.19 feet along the center of said creek; thence North 38°40' West 2:39.09 feet along the center of said creek; thence South 76°35' L4est 89.91 feet along the center of said creek; to a point on the j•7esterly line of said SS•~yNE~; thence South 0015' West 461.90 feet to the center of said Section 12; thence North 89.02' East 1382.65 feet a:Long the Southerly line of said S~•; 1NE; to the Sout:^.east corner of said SWsNE; thence North 0006' East 1384.32 feet along the Easterly line of said SW~NEy to the Northeast corner of said SSvL~NE;, the point of `~•~ beginning, AND The N[4~SE; o f Section 12, 'Township 5 South, Range 81 i~lest of tre 6th P.bi. ; AND A11 that part of the SE~NWS of Section 12, To:anship 5 South, Range 81 West of the 6th P.r1., lying Southerly of the Southerly right of way line of U.S. Highway No. 6, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Docu.~nent No. 97489, described as follows: Beginning at the Southeast corner of said SE;NW;; thence South 89°02' West 836.95 feet along the Southerly line of said SE;NW~i to a point on the Southerly right of way line of said highway; thence 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 SE;NW; to the Southeast corner of said SE~Nj4;, 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; p ~ p CO`IT I:IUED that part described in Book 203 at page 531; ,"~1 that certain .island adjace:zt to the above-described procerty, located in the middle of Gore Creek, which tho parties intend to e:ccl.ude frem this transaction; County of Eagle, State of Colorado ~`~ '.:; ,~ ~- .:.' ~. .•. ~. • . • ..~ '~ • .:ti~, .1:~...iir ,. . . ~. ~ ~ - ar.d ~,j~'~t,~,i:~. ~' •_ . ,~ •J 4- ~, :,'~': ~,`•Y;. . ~: ,;; .. ~: =- ALSO THE rOLLO';lIivG rr^ARCEL rORi•~E::LY vi;0'.+.. AS THE "CCSGRir= F,4RC~L" A tract of land situated in the SW 1/4 I:r 1/4 of Section 12, To~.~nship 5 South, Ranbe 81 [best of the 6th Princ_iaal Meridian, 1}'ing north:.esterl}• of the center line of Gore Creep: described as follo:.s: Beginninc at a point whey-;ce the north Quarter Corner of said Section 12 bears 1\. 11°03' h. 2292.72 feet; thence S. b6°02'30" E. 89.50 feet; thence S. 5`42'30" E. 169.8b feet; thence S. 33`16'30" E. 10.12 feet to a point in the center of said creel:; thence S. 65`34' j~. 109.62 feet along tfie center 1 ine of said creep: ; thence S. 6°°C~4' ti.. 90.78 feet along, the center 1 ine of said tree}• ; thence .~. 23`1%' 30" ~~:. 317 .54 feet r be`ir.ninc conta:ninR 1.05 acres to the point o~ c, c t:,ore or less. ~LSU DESC~IEL _:E .n'.iT'^ at G i%t ~ii.~-:CE tt~e ~~7rt`. ~i~.c tom. ~_~'_ i~~ lEE t}icT':~E ~ ~ ~`~~'1~" ~ ~~•~ ieE't, thencE S. 57`25'30" E.. 169.~E~ fEet; thence S. • 32°59'30" E. 141.47 feet to a point in the center of said creek; thence S. 65°31'36" ~'. 109.E,2 feet along the center line of said creek; thence 5. E~9°O1 ' 36" l-~. 103 .02 feet aJ one the CEriter line of said creek; thence r:. 23`~24'Oc" l•;. 319.09 feet to the point of beginr.in~. TOGETHEF, WITH an easenent as described in Document ecorded August 5, 19b(~ in Boob 306 at Pale 443 .. -. ., ..C `.~•-CEG 1-. :.C~C~~: ~(• of 1'GCC ~(~ O1 t}'i~ Lagle County records. ALSO including, all water and well ri€hts • appurtenant to the above described property, includinc ~>>thout lirritatior:, ~:el] Fert^it Igo. • ~=702, ~:ater ri€hts decreed in Ci~•i] Action J~o. 2375 in La~lE County District Court, and g] ] that po:~tio;~ of ~:ater ri€hts decreed in Case 1:0. fi0 Ct: 4]0, l•:ater L'i~fisior, 1:0. S, (Gore 1:0. 1 l•1e11 - U.05 cfs) ~, 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 ASSESSMENT'S; 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 ~_mprovement project (the "Project") described herein. -2- 1 ~ 1.2 The Town Manager or his delegee has duly held administrative hearings relating to the Project for the purpose of in:Eorming 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 owner~~ of affected properties and their addresses, if such diffez•ed 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 ~ 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 pert:ent 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 construcsting 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 againsi~ affected parcels specially benefited thereby shall not exceed $335,000, except as permitted by the Vail Code and as provided i.n 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 purpo~;es 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 consi~~,tent 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 sclZematic 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 Tocan 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 t:he 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 asses:ament 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 acquisaition 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 not 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 cast of the improvements. Interest shall be computed on the outstanding principal and shall be paid at the same times as installment:s of principal. 2.11 Pursuant to the laws of the State of Colorado, the Town ChartE~r, 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 mE~t 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 provi:~ion 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, APPROVED, AND ORDERED June, 1989. READ BY TITLE, PCfBLISHED ONCE PASSED ON FIRST READING, IN FULL this 6th day of (TOWN SEAL) ATTEST: Town Clerk Town of Vail Mayor Town of Vail -9- READ BY TITLE, FINALLY APPROVED ON SECOND READING, ADOPTED AND ORDERED PUBLIS'~HED BY TITLE ONLY THIS 20th day of June, 1989. Mayor Town of Vail (TOWN SEAL) ATTEST: Town Clerk Town of Vail -10- EXHIBIT A Owner and 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 Montec:ito Drive San Angelo, TX 76901 Brandess-Cadmus Real Estate, Inc. 281 Bridge Street Vail, CO 81657 George H. Clowes, Jr. Robert Lammerts cjo Lammerts 125 Park Avenue Oklahoma City, OK 73102 PROPOSED ASSESSMENT SCHEDULE Amount of Parcel Owned Assessment Block 1, Lot 5, Vail Village $12,885 12th Filing Block 1, Lot 10, Unit 8, 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 8, 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 121:h Filing Vail, CO 81657 Arthur S. and Shelby G. K]eimer 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, 81ock 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 1:t2 12th Filing Townhouse Vail, CO 81658 Jorge A. and Sybill R. Navas Block 1, Lot 9, Resubdivision of Lot 7, $12,885 3255 Katsos Ranch Road Vail Village Filing 12 Vai 1, CO F{1657 Jerome J. F;uther Parcel A, Vail Village 12th Duplex, Lot 3 $12,885 1245 Sunset Road a resubdivision of Lot 7, Vail Village Winnetka, IL 60093 1=fling 12 Michael D. and Cynthia Steimle E31ock 1, Lot 1, 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 P.O. Box 3326 12th Filing Townhouse Vail, CO 81658 Joe H. Tonahill, Jr. Block 2, Lot 5, Unit 6, Vail Village P.O. Box 3326 121:h Filing Townhouse Vail, CO 81658 Vail Mountain School Block 2, Lot 12, Vail Village P.O. Box 602 121:h Filing Vail, CO 81658 James H. and Thomas F. Heisberg Block 2, Lot 2, Unit A, Vail Village Peggy Jo Epstein 12t:h Filing P..O. Box 597 Denver, CO 80201 $12,885 $12,885 $12,885 $12,885 A-4 ORDI]ANCE NO a 17 Series of 1989 AN ORDINANCE CONCERNING THE ISSUANCE OF LOCAL IPSPROVEMENT BONDS OF THE TOWN OF VAIL, COLORADO FOR THE BOOTH CREEK LOCAL IP4PROVEMENT DISTRICT; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; PRESCRIBING DETA%I~S IN CONNECTION WITH SAID BONDS AND DISTRICT; PRESCRIBING DUTIES OF CERTAIN TOWN OFFICIALS IN CONNECTION THEREWITH; REPEALI]~G ALL ORDINANCES"AND OTHER ACTION OF THE TOWN TO THE EXTENT INCONSISTENT HEREWITH; AND :PROVIDING OTHER MATTERS RELATING THERETC~a WHEREAS, the Town of Vail (the '~Town'°) , in the County of Eagle and State of Colorado, is a municipal corporation duly organised and existing as a. home®nale town under Article XX of the State Constitution and the Charter of the Town (the 'Charter") ; and WHEREAS, pursuant to the Charter and the Town's Code of Ordinances (the pVail Code), the Town Council (the "Council'°) has by ordinance created within the corporate limits of the Town a local improvement district. known and designated as the Town of Vail, Colorado Booth Creek Local Improvement District (the `"Districtp), for the purpose: of making certain local and special improvements to mitigate rockfall damage (the '°Improvements"), and has determined to assess a portion of the cost thereof to the parcels of property in the District specially benefited thereby; and WHEREAS, the Town :has duly advertised for bids for such Improvements based on estimates provided to the Council and has entered into a construction contract for the construction and installation of the Improvements; and WHEREAS, in recognition of the general benefits conferred by the Improvements, the Council has determined to contribute $20,000 from funds of the Town to the total estimated °1° t cost of constructing and installing the Improvements, has determined to assess the remaining costs against parcels of property in the District (the "'assessments^') in an aggregate amount not to exceed $335,000 (except as otherwise permitted by the Charter and the Vail Code) in recognition of special benefits conferred on owners of parcels of property in the District, and has determined that local improvement bonds of the Town shall be issued payable from such assessments. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Issuance of Bonds Authorized. The Town and its officers have determined and do hereby determine that it is necessary and for the best interest of the Town and the inhabitants thereof that, pursuant to the Charter and the Vail Code, t:he Town issue and sell bonds of the Town of Vail, Colorado Booth Creek Local Improvement District in the aggregate principal amount of $335, 000 (the "'bonds') at a price of par plus accrued interest, for the purpose of paying the costs of constructing and otherwise acquiring the Improvements and all proper incidental expenses (including, without limitation, capitalized interest on the bonds). Section 2. Sale of Bonds. The Town has determined to accept the offer of Kirchner Moore & Company to purchase all of the bonds for a price of $ plus accrued interest. Section 3. Approval of Estimates. The bonds are herein authorized to be, and they shall be, issued based upon the contract price for the Improvements and upon estimates of the Town Manager, all of which hereby are approved by the Council. Section 4. Completion of Improvements. The Town covenants that the Improvements will be constructed and completed with due diligence and in a timely manner. Section 5. Bond Details. For the purpose of paying the costs of the improvements, including all proper incidental expenses, there shall be issued in the name of the Town bonds designated "Town of Vail, Colorado Booth Creek Local Improvement -2- r ~ District, Local Improvement Bonds, Series 1989,E in the aggregate principal amount of $335,000° The bonds shall be issuable in fully registered form (ieero, registered as to payment of both principal and interest) payable to the registered owner thereof, in the denomination of $5,000 each, shall be dated as of August 15, 1989, shall be numbered consecutively in regular numerical order from 1 through 67, inclusive, shall mature on April 1, 1999, and shall bear interest from the date of the bonds until maturity (unless ~re:deemed prior. to maturity) at the interest rates herein set farther The: following numbered bonds in the aggregate principal amounts indicated shall bea~° interest at the following rates per annume Bonds Numbered Aggregate Principal Interest (Inclusive) Amount Rates 1 to 6 $30,000 7 to 10 20,000 11 to 15 25,000 ' 16 to 20 25,000 21 to 26 30,000 27 to 33 35,000 34 to 40 35,000 41 to 48 40,000 49 to 57 45,000 58 to 67 50,000 Bonds which are reissued upon transfer or other replacement shall bear interest from the most recent interest payment date to which interest has been paid or duly provided for or, if no interest has been paid, from the date of the bonds, such interest being payable to the registered owners of the bonds on April 1, 1990, and semiannually thereafter on April 1 and October 1 of each yearn The, principal of the bonds is payable to the registered owner thereof as shown on the registration books of the Town kept by in Colorado, or its successor (the ~registrar'~), upon presentation and surrender at the office of in ~3~ r s Colorado, or its successor (the "'paying agent"). If, upon presentation of any bond at maturity, payment is not made as therein provided, interest thereon shall continue at the same rate pear annum previously borne by the bond, until the principal thereof is paid in full. Payment of interest on any bond shall be made to the registered owner thereof by check or draft mailed by the paying agent on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day), to the registered owner thereof at his address as shown on the registration books kept by the registrar at the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding the interest payment date; but any such interest not so timely paid shall crease to be payable to the person who is the registered owner thereof at the close of business on such day and shall be payable to the person who is the registered owner thereof at the close of business on a special record date for the payment of any such defaulted interest. Such special record date shall be fixed by the registrar whenever moneys become available for payment of the defaulted interest, a.nd notice of the special record date shall Yee given to the registered owners of the bonds not less than tEan days prior thereto by first-class mail to each such registered owner as shown on the registration books on a date selected by the registrar, stating the date of the special record date and the date fixed. for the payment of such defaulted interest. The paying agent may make payments of interest by such alternative means as may be mutually agreed to between the owner of any bond and the paying agent. All such payments shall be made in lawful money of the United States of America without deduction for the services of the paying agent or registrar. Section 6. Prior Redemption. All of the bonds shall be subject to redemption prior to maturity at the option of the Town in regular numerical order on any bond interest payment date, at a price equal to the principal amount thereof plus -4- accrued interest to the redemption dates Whenever there are available moneys (other than amounts deposited therein as accrued and capitalized interest) in the ""Town of Vail, Colorado Booth Creek Local %mprovement District, 1989 Bond Retirement Fund'0 (the 'Bond Fund`) which is hereby created, in excess of the amount required to pay interest on the bonds then outstanding on the next interest payment date, the Town shall exercise its option to redeem on the next practicable interest payment date a suitable number of bonds outstanding. Nothing herein shall preclude the Town from refunding all or a portion of the bonds or from exercising its right to redeem bonds prior to maturity from any available source of fundse Notice of prior redemption shall be given by the paying agent in the name of the Town by sending a copy thereof by certified or registered first class mail, postage prepaid, to the registered owner of each bond designated for redemption at his address as it appears on the registration books as of the close of business on the day preceding the mailing of such notices Such notice shall specify the number or numbers of the bonds to be so redeemed and the date fixed for redemption, and shall further state that on such date there will be due and payable upon each bond so to be redeemed at the office of the paying agent the principal amount thereof plus accrued interest to the redemption date, and that from and after such date interest shall cease to accrued Notice having been given in the manner hereinabove provided, the bond or bonds so called shall become due and payable on the date so designated, and upon presentation thereof at the paying agent, the Town will pay the bond or bonds so callede Failure to give notice by mailing or any defect in such notice shall not affect the validity of the proceedings for the redemption of any other bondso Any notice mailed as herein provided shall be conclusively presumed to have been given, whether or not receivedo Any bonds redeemed prior to maturity shall be cancelled by the Paying Agents 0 -5- Section 7. Registration and Transfer. The Town shall cause t:o be kept at the principal office of the registrar books for the registration and transfer of bonds. Upon surrender for transfer of any bond at the principal office of the registrar, fully endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing, the registrar shall authenticate and deliver in the name of the transferee a new bond bearing the same number as the bond being surrendered. All bonds issued upon-any transfer shall be the valid obligations of the Town evidencing the same obligation and entitled to the same security and benefits under this ordinance as the bonds surrendered upon such transfer. The registrar shall require the payment by the owner of any bond requesting transfer of any tax or other governmental charge required to be paid with respect to such transfer, and the registrar may further impose a reasonable service charge for any transfer of bonds. The registrar shall not be required to transfer any bond during a period beginning at the opening of business 15 days before the day of mailing by the registrar of a notice of .prior redemption of bonds and ending at the close of business on the day of such mailing, nor, with respect to a particular bond after the publication or the mailing of notice calling such bond for prior redemption. As to any bond, whether or not such bond be overdue, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for the purpose of making payments thereof and for all other purposes (except to the extent otherwise provided in Section 5 hereof) and neither the Town, the registrar, the paying agent nor any other agent of the Town shall be affected by any notice to the contrary. Except as otherwise provided in Section 5 hereof, payment of either principal or interest on any bond shall be made only to or upon the written order of the registered owner thereof or his legal representative, but such registration may be changed as -6- hereinabove providedo All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums paido %f any bond shall be lost, stolen, destroyed or mutilated, the registrar shall, upon receipt of such evidence, information or indemnity relating thereto as it or the Town may reasonably require, and upon payment of all expenses in connection therewith, authenticate and deliver a replacement bond bearing the same number as the lost, stolen, destroyed or mutilated bonde %f such lost, stolen, destroyed or mutilated bond shall have matured or shall have been called for redemption, the registrar may direct treat such bond be paid by the paying agent in lieu of replacements All bonds surrendered for redemption, payment or transfer, if surrendered to the paying agent, shall be cancelled by the paying agent, and, if surrendered to any person other than the paying agent, shall be delivered to the paying agent for cancellation> Section 8e ATegotiabilitye Subject to the registration provisions of this ordinance, the bonds shall be fully negotiable and shall have all the qualities of negotiable paper, subject to the registration and payment provisions stated herein, and the owner or owners thereof shall possess all rights enjoyed by holders of negotiable instruments under the provisions of the ~LTniform Commercial Code m %nvestment Securitiese~ Section 9o Execution and Authenticationo The bonds shall be executed in the name of the Town with the facsimile signature of the Mayor, shall bear the facsimile seal of the Town, shall be attested by the facsimile signature of the Town Clerk, and shall be authenticated by the manual signature of a duly authorized officer of the registraro The bonds bearing the signatures of the officers in office at the time of the authorization thereof shall be the valid and binding obligations of the Town (subject to the requirement of authentication by the registrar), notwithstanding that any or all of the persons whose m7e signatures appear thereon shall have ceased to fill their respect=ive offices. Pursuant to the Uniform Facsimile Signature of Public Officials Act, part 1 of article 55 of title 11, Coloraco Revised Statutes, the Mayor and Town Clerk shall prior to delivery of the bonds file with the Secretary of State of Colorado their manual signatures certified by them under oath. No bond shall be valid or obligatory for any purpose unless the certificate of authentication, substantially in the form hereinbelow provided, has been duly executed by the registrar. The registrar's certificate of authentication shall be deemed to have been executed by it if manually signed by an authorized officer or employee of the registrar, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the bonds issued hereunder. By authenticating any of the bonds delivered pursuant to this ordinance, the registrar shall be deemed to have assented to all of the provisions of this ordinance. Section 10. Payment of Bonds. The bonds authorized by this ordinance and the interest thereon shall be payable (except as provided in Section 11 hereof) solely from moneys in the Bond Fund, consisting only of moneys collected (principal, interest and penalties, if any) from the assessments to be levied to pay for the Improvements (except to the extent that such moneys are payable to the Town as a reimbursement pursuant to Section 11 hereof); provided that any proceeds from the sale of the bonds, other than such proceeds deposited in the Bond Fund to be used to pay interest on the bonds, remaining after the payment of all the costs and expenses of making the Improvements shall be deposited in the Bond Fund and used for bond redemption. Any assessments in the Bond Fund remaining after the bonds, both principal and interest, are paid in full (and after any reimbursement due the Town), shall to the extent required by the Charter be deposited in the Town's surplus and deficiency fund created pursuant to Section 10.8 of the Charter. Immediately upon the collection of any assessments (including interest and any penalties thereon), -8- the moneys therefrom shall be deposited in the Bond Fund (except to the extent that such moneys are payable to the Town as a reimbursement pursuant to Section 11 hereof), and said fund is and will continue to be irrevocably and exclusively pledged for the payment of the principal of and the interest on the bondse Section lle Surplus and Deficiency Fund; Town Payment of Bonds and Reimbursements Pursuant to Section 1008 of the Charter, whenever there is a deficiency in the Bond Fund to make the payment of principal and interest on the outstanding bonds when due, such deficiency shall be paid out of the Town's surplus and deficiency fund created pursuant to Section 10e8 of the Charters Further, whenever three fourths of the bonds have been paid and cancelled and for any reason the remaining assessments are not. paid in time to take up the remaining bonds and the interest due thereon, and there is not sufficient money in the Town's surplus and deficiency fund, then the Town shall pay the bonds when due and interest thereon, and reimburse itself by collecting the unpaid assessments due the Districto Section 12e Bonds Not a Debt of Towne The bonds shall not be a debt of the Town, and the Town shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment, nor shall the bonds be payable out of any funds other than the special, assessments and other moneys pledged to the payment thereof, as herein providedo The payment of bonds is not secured by an encumbrance, mortgage or other pledge of property of the Town except for such special assessmentso No property of the Town, subject to said exception, shall be liable to be forfeited or taken in payment of the bondse Section 13o Form of Bondso The bonds and the registrar's certificate of authentication shall be in substantially the following forms, with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this ordinance or be consistent with this ordinance and necessary or appropriate to conform to the eg_ rules and requirements of any governmental authority or any usage or requirement of law with respect thereto, and provided that any of the text on the face of the bonds may, with appropriate reference, be printed on the back of the bonds: -10- r (Form of Bond) STATE OF COLORADO UNITED STATES OF AMERICA COUNTY OF EAGLE TOFnTN OF VAIL, COLORADO BOOTgi CREEIZ LOCAL IMPROVEMENT DISTRICT LOCAL IMPROVEMENT BONDS SERIES 1989 NOa Interest Rate REGISTERED O6dNER 8 PRINCIPAL AMOUNTe CUSIP Maturity Date Dated as of Number April 1, 1999 August 15, 1989 $5,000 The Town of Vail (the `~Townp) in the County of Eagle and State of Colorado, a municipal corporation duly organized and existing, for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, upon presentation and surrender hereof at the principal office of , in , Colorado (the Paying Agent^'), the Principal Amount identified above on the Maturity Date identified above (subject to the right of prior redemption hereinbelow mentioned), and to pay interest on the Principal Amount from the most recent interest payment date to which interest has been paid or duly provided for or, if no interest has been paid, from the date of this Bond, at the Interest Rate per annum identified above, payable on April 1, 1990 and semi- annually thereafter on April 1 and October 1 of each year, until payment of the Principal Amount hereof has been made< Interest on this Bond will be paid on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day) to the registered owner of this Bond by check or draft mailed to such registered owner at °11° the address appearing on the registration books kept for that purpose at the office of in , Colorado, as Registrar, at the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding the interest payment date (the "'Regular Record Date"). Any such, interest not so timely paid shall cease to be payable to the person who is the registered owner hereof at the close of business on the Regular Record Date and shall be payable to the person who is the registered owner hereof at the close of business on a Special Record Date for the payment of any defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the Bonds of the series of which this is one not less than ten days prior thereto. Alternative means of payment of interest may be used if mutually agreed to between the owner of any Bond and the Paying Agent, as provided in the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance"). The principal of and interest on this Bond are payable in lawful money of the United States of America, without deduction for the services of the Paying Agent or Registrar. If upon presentation and surrender of this Bond to the Paying Agent at maturity payment of this Bond is not made as herein provided, interest hereon shall continue at the Interest Rate identified above until the Principal Amount hereof is paid in full. This Bond is one of a series subject to prior redemption in regular numerical order by and at the option of the Town of Vail, on any interest payment date, at a price equal to the principal amount thereof with accrued interest to the redemption date. Whenever there are available moneys (other than amounts deposited therein as accrued and capitalized interest) in the Bond Fund in excess of the amount required to pay interest on the bonds then outstanding on the next interest payment date, the 0 -12- ~ t Town will exercise its option to redeem on the next practicable interest payment date a suitable number of bonds outstandinge Nothing shall preclude the Town from refunding all or a portion of the bonds or from exercising its right to redeem bonds prior to maturity from any available source of fundso Redemption shall be made upon giving prior notice by mailing to the owner of this Bond at his address as the same appears upon the registration books, in the manner and upon the conditions provided in the Bond Ordinances The Registrar will not be required to transfer any Bond during a period beginning at the opening of business 15 days before the day of the mailing by the Registrar of a notice of prior redemption of Bonds a:rad ending at the close of business on the day of such mailing, or, with respect .to a particular Bond, after the mailing of notice calling such Bond for prior redemptions This Bond is one of a series of local improvement Bonds numbered consecutively from 1 to 67, both inclusive, issued by the Town of Vail, and matur'Lng on April 1, 1999, all of which are of like designation, and which are in the aggregate principal amount of $335,OOOo Said Bond series is issued in payment for local improvements made in the Town of Vail, Colorado Booth Creek Local %mprovement District pursuant to and in accordance with the Charter and the Vail Code, the ordinance creating the District, and all laws and proceedings thereunto enablinge Pursuant to the Bond Ordinance, reference to which is made for further details, 'the principal of and the interest on the Bonds of the series of which this is one shall be payable solely from a special fund designated `Town of Vail, Colorado Booth Creek Local gmprovement District, 1989 Bond Retirement Fundf° (the 'Bond Fund') consisting of moneys collected by the Town of Vail from the special assessments (principal, interest and penalties, if any) to be levied against all the assessable parcels of land in the District, to the extent provided in the Bond Ordinance; provided that any proceeds from the sale of the °13~ Bonds, other than such proceeds deposited in the Bond Fund to be used to pay interest on the Bonds, remaining after the payment of all the: costs and expenses of making the local improvements shall be deposited in the Bond Fund and shall be used for bond redemption. The Bond Fund is irrevocably and exclusively pledged for the: full and prompt payment of all the Bonds. If there is a deficiency in the Bond Fund to meet the payment of the outstanding Bonds and interest due thereon, the deficiency shall be paid out of any moneys available therefor in the surplus and deficiency fund created pursuant to Section 10.8 of the Town's Charter. Whenever three-fourths of the Bonds have been paid and cancelled and for any reason the remaining assessments are not paid in time to take up the remaining Bonds and interest due thereon, and there is not sufficient money in the surplus and deficiency fund, then the Town shall pay the Bonds when due and the interest thereon and reimburse itself by collecting the unpaid assessments due the District. All assessments shall be a lien in the several amounts assessed from the effective date of the assessment ordinance to be adopted by the Town upon completion of the local improvements in the District. The lien for such assessments shall be prior and superior to all other liens except general tax liens, other assessment liens, and possibly other liens imposed by the State of Colorado or its political subdivisions or by the United States of America or any agency or instrumentality thereof. In the Bond Ordinance, the Town covenants to levy and collect assessments against all assessable parcels of property in the District and to diligently enforce the lien of the assessments against the property subject thereto. It is hereby certified, recited and declared that the principal amount of. the Bonds does not exceed the amount authorized- by law to be issued. It is hereby also certified, recited and declared that the proceedings taken to date with reference to issuing the Bonds and to making such local improvements have been regularly had and taken in compliance with -14- law; that all prerequisites to issuing the Bonds have been performed; and that all acts, conditions and things essential to the validity of this Bond exist, have happened and have been done in due time, form and manner as required by laws The Bonds are not a debt of the Town and the Town is neither liable thereon, nor has it pledged its full faith and credit for their payment, nor are the Bonds payable out of any funds other than special assessments and other amounts pledged to the payment thereof as herein statede The payment of the Bonds is not secured by an encumbrance, mortgage or other pledge of property of the Town except for such special assessments pledged for the payment of the Bonds o A1o property of the Town, subject to said exception, shall be liable to be forfeited or taken in payment of the Bondso The Town has designated the Bonds of the series of which this is one as a qualified tax-exempt obligation pursuant to Section 265 (b) (3) (B) of the Internal Revenue Code of 1986, as amendede This Bond is fully transferable by the registered owner hereof in person or by h:is duly authorized attorney on the registration books of the Town kept at the office of the Registrar upon surrender of this Bond together with a duly executed written instrument of transfer satisfactory to the Registrars. Upon such transfer a new Bond of the same principal amount and bearing the same number will be issued to the transferee in exchange for this Bond, on payment of such charges and subject to such terms and conditions as are set forth in the Bond Ordinances The Town, the Registrar and the Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether or not this Bond shall be overdue, for the purpose of receiving payment and for all other purposes except to the extent otherwise hereinabove and in the Bond Ordinance provided with respect to the payment of interest, and neither the Town, the Registrar nor the Paying Agent shall be affected by any notice to the contrary. °15~ This Bond must be registered in the name of the owner as to both principal and interest on the registration books kept by the Registrar in conformity with the provisions stated herein and endorsed hereon and subject to the terms and conditions set forth in the Bond Ordinance. No transfer of this Bond shall be valid unless made on the registration books maintained at the principal office of the Registrar by the registered owner or his attorney duly authorized in writing. This Bond shall not be valid or obligatory for any purpose until the Registrar shall have manually signed the certificate of authentication hereon. IN TESTIMONY WHEREOF, the Town Council of the Town of Vail has caused this Bond to be executed with the facsimile signature of the Mayor, and to be signed and attested with the facsimile signature of the Town Clerk under the facsimile seal of the Town. Signed: (Facsimile Signature) Mayor (FACSIMILE SEAL) Attest: (Facsimile Signature) Town Clerk -16- Certificate of ,Authentication for Bond This is one of the Bonds described in the within- mentioned Bond Ordinance, and this Bond has been duly registered on the registration books kept by the undersigned as Registrar for such Bondso Colorado, as Registrar Date of Authentications By Authorized Representative °17~ ASSIGNMENT FOR BOND FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and irrevocably appoints , attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to Signature Guaranteed: this assignment must correspond with the name as it appears upon th.e face of the within Bond in every particular, without any alteration whatsoever. Address: Tax Identification Number or Social Security Number(s): (End of Form of Bond) -18- Section lie Delivery and Application of Proceedse when the bonds have been duly sold, executed and registered, the Town shall deliver the boncis to the lawful purchaser thereof on receipt of the purchase pi°icee The registrar shall initially register the bonds in the name of the purchaser, or in the names of such transferees as the purchaser may designate in writing or writings satisfactory to the registrar, or any combination thereof as directed by the purchasers The proceeds of the bonds (excluding accrued interest and capitalized interest) shall be deposited into the 'Town of Vail, Colorado Booth Creek Local Improvement District Construction Fund`' (the "°Construction Fund'°) which is hereby created, and applied solely to defray the costs and expenses of making the Improvements (including incidental expenses and costs related to the issuance of the bonds)e All moneys received as accrued interest and capitalized interest shall be deposited into the: Bond Fund to apply to the payment of a portion of the interest d.ue on the bonds through April 1, 1990° All moneys received as investment income on the Bond Fund shall be retained in the Bond Funds All moneys received as investment income on the proceeds of the bonds shall either be used to pay for the Improvements or incidental costs or to pay principal of or interest on the bonds as the Town determinese The purchaser of the bonds shall in no manner be responsible for the application by the: Town, or any of its officers, of any of the funds derived from the sale: thereof< Section 15a Levy of Assessmentsa The Town shall cause the assessments to be levied and collected as provided by law for the benefit of the registered owners of the bondso The Town hereby covenants for the benefit of each owner of the bonds that the costs of the Improvements in amounts sufficient, together with any excess bond proceeds as provided in Section 10 hereof, to provide for payment of the bonds and interest thereon, shall be apportioned, levied and assessed against the assessable parcels in the District, in accordance with the Charter and the Vail Code, by ordinance to be hereafter adoptede Further, the -19° Town covenants that such assessments will bear interest at a rate which i.s at least equal to the highest rate of interest on the bonds and payable in one payment or in ten annual installments of principal, on March 1 of each year commencing on March 1, 1990, with interest on the unpaid principal balance of the assessment, payable annually on March 1 of each year commencing March 1, 1990. The Town hereby covenants to use its best efforts to insure that such assessments are levied as soon as possible upon substantial completion of the Improvements and to diligently enforce the lien of the assessments against the property subject thereto. Section 16. Assessment Revenues. All moneys received from such assessments, including interest and any penalties thereon (except to the extent that such moneys are payable to the Town as a reimbursement pursuant to Section 11 hereof), shall be deposited into the Bond ]?und and said moneys, along with any other moneys deposited into the Bond Fund pursuant to the provisions of this ordinance, shall be used for the purpose of paying the principal of and interest on the bonds and for no other purpose whatsoever, and as security for such payment the Bond Fund is hereby exclusively pledged. Section 17. Books and Records. So long as any of the bonds r~amain outstanding, the Town will keep or cause to be kept true and accurate books of records and accounts showing full and true entries covering the collection and disposition of special assessments as well as any delinquencies in the collection thereof, covering deposits and disbursements in the Bond Fund, the redemption of bonds, both principal and interest, and disbursements to defray the cost of the Improvements, including incideni:al expenses; and the Town will permit an inspection and examinai:ion of all books and accounts at all reasonable times by a repre:aentative of the original purchaser of the bonds. Section 18. Resignation of Registrar or Paying Agent. If the registrar or paying agent initially appointed hereunder shall rEasign, or if the Town shall reasonably determine that said -20- registrar or paying agent :has become incapable of fulfilling its duties hereunder, the Town may, upon notice mailed to each registered owner of the bonds at his address last shown on the registration books, appoint a successor registrar or paying agent, or bothe No such resignation or dismissal may take effect until a successor is appointedo Every such successor registrar or paying agent shall be a~ bank or trust company located in and in good standing in the State of Coloradoo It shall not be required that the same institution serve as both registrar and paying agent hereunder, but: the Town shall have the right to have the same institution serve as both registrar and paying agent hereundero Section 19o Authorized Actions The officers of the Town hereby are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance, including, without limiting the generality of the foregoing, the printing of the bonds (which may include thereon an opinion of bond counsel and related certification by the Town Clerk) , the execution of ~~uch certificates as may reasonably be required by the initial purchaser thereof or bond counsel, relating, inter alia, to the signing of the bonds, the tenure and identity of the municipal officials, the absence and existence of factors affecting the exemption of interest on the bonds from federal income taxation, the accuracy of property descriptions, the delivery of the bonds and the absence of litigation pending or threatened affecting the validity of the bonds, if such is in accordance with the facts, and the execution of a bond purchase contract and appropriate agreements with respect to the services of paying agent and registrars Section 20e Bondholders' Rights and Remedies. Any owner of any one or more of the bonds may, either at law or in equity, by suit, action, mandamus or other appropriate proceedings in any court of competent jurisdiction, protect the lien created by this ordinance on the proceeds of said assessments and the moneys in the Bond Fund, and may by suit, °21° action,, mandamus or other appropriate proceedings enforce and compel the performance of any covenant of the Town or any duty imposeci upon the Town by the provisions of this ordinance, or any ordinance heretofore or hereafter adopted concerning the District, including, without limiting the generality of the foregoing, the segregation of assessments into the Bond Fund, the proper application thereof and the appointment of a receiver. The failure of any such owner so to proceed shall not relieve the Town, the Council or arty of the Town's officers, agents or employees of any liability for failure to perform any such duty. No remedy or right conferred by this ordinance is intended to be exclusive of any other remedy or right, but each such remedy or right is cumulative and may be pursued without waiving any other remedy or right. Section 21. Tax Covenants. The Town covenants for the benefit of the owners of the bonds that it will not take any action or omit to take any action with respect to the bonds, the proceeds thereof, any other funds of the Town, or any facilities financed with the proceeds of the bonds if such action or omission would (i) cause the interest on the bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the "Tax Code"), (ii) cause interest on the bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code except to the extent such interest is required to be included in the adjusted net book income and adjusted current earnings adjustments applicable to corporations under Section 56 of the Tax Code in calculating corporate alternative minimum taxable income, (iii) subject the Town t:o any penalties under Section 148 of the Tax Code, or (iv) cause interest on the bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The foregoing covenant shall remain in full force and. effect notwithstanding the payment in full or defeasance of the bonds until the date on which all -22- obligations of the Town in fulfilling the above covenant under the Tax Code and Colorado law have been met. Section 22. Designation as Qualified Tax-Exempt Obligation. The Town hereby designates the bonds as a qualified tax exempt obligation for purposes of Section 265(b)(3)(B) of the Tax Code. Section 23. Amendment or Supplement of Ordinance. This ordinance may be amended or supplemented by an ordinance or ordinances adopted by the Town Council in accordance with the Charter and the Vail Code with or without the receipt by the Town of any additional consideration, with the written consent of the owners of 75 percent of the bonds authorized by this ordinance and outstanding at the time of the adoption of such amendatory or supplemental ordinance, pro~-ided, however, that no such ordinance shall have the effect of permitting: (a) an extension of the maturity of any bond authorized b}~- this ordinance without the written consent of the owner of the bond; or (b) a reduction in the principal amount of any bond or the rate of interest thereon without the written consent of the owner of the bond; or (c) the creation of a lien upon or a pledge of property, revenues or funds, ranking prior to the liens or pledges created by this ordinance; or (d) a reduction of the principal amount of bonds required for consent of such amendatory os- supplementa:l ordinance. Section 24. Ratification. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the Town, the Council and the officers of the Town, directed toward the creation of the District, the construction and other acquisition of the Improvements therein, the sale and °23~ issuance of the bonds, and the levy of assessments for that purpose:, hereby is ratified, approved and confirmed. Section 25. Ordinance Irrepealable. After the bonds have been issued, this ordinance shall constitute a contract between the Town and the owner or owners of the bonds and shall be and remain irrepealable until the bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. Section 26. Limitation on Challenge. After. the expiration of 30 days from the date of final adoption and approval of this ordinance, all actions or suits attacking its findinc~s, determinations and contents or questioning the legality of the. bonds and all proceedings relating thereto shall be perpetually barred, and the ordinance and bonds shall be conclu:aive of the facts stated therein and shall be conclusively deemed valid and legal in every court or tribunal and shall not be open to contest for any reason. Section 27. Severability. If any section, paragraph, clause,. or provision of this ordinance shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any other provision of this ordinance. Section 28. Repealer. All ordinances, resolutions, bylaws and regulations of the Town in conflict with this ordinance are hereby repealed to the extent only of such inconsistency. Section 29. Recording; Effective Date. Immediately upon its final passage, this ordinance shall be recorded in the Town book of ordinances kept for that purpose, authenticated by the signatures of the Mayor and the Town Clerk and shall be -24- published in The Vail Trail, a legal newspaper of general circulation in the Towno '.Chic ordinance shall take effect five days following its publication after final passages INTRODUCED AND APPROVED ON FIRST READING on June 20, 1989° Mayor (SEAL ) Attesto Town Clerk ADOPTED AND APPROVED on July 18, 1989° Mayor (SEAL) Attesto Town Clerk °25® ORDINANCE N0. 14 Series of 1989 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRAN`.iFER TAX FUND, AND THE VAIL MARKETING FUND OF THE 1989 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF UAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SA:[D APPROPRIATIONS AS SET FORTH HEREIN. WHEREAS, contingencies have arisen during the fiscal year 1989 which could not have been reasonably foreseE~n or anticipated by the Town Council at the time it enacted Ordinance No. 31, Series of 1988, adopting the 1989 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, The Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1989 Budget and Financial Plan for thE~ Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $ 204,121 Capital Projects Fund 1,736,260 Real Estate Transfer Tax Fund 751,500 Vail Marketing Fund 532,000 TOTAL $3,223,881 INTRODUCED, READ AND APPROVED ON FIRST READING THIS 20th day of June 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. -1- OrdE~red published in full this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brar~dmeyer, 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 -2- MEMORANDUM T0: Town Council FROM: Rick Pylman SUBJECT: Intermountain Cul-de-sac Vacation DATE: June 16, 1989 DESCRIPTION OF REQUEST In early May, the owners of Lot 1, Block 1, Vail Intermountain Subdivision, Sally Dean and Larry Roush, contacted the Town of Vail and expressed some concern about their ability to access their property. This lot fronts on a platted cul-de-sac at the end of Larkspur Lane. This street has never been built to design standards, and in fact, consists of a single lane dirt track that accesses the property. At that time, the Community Development Department and the Town of Vail Engineering Department became involved and began to review requests for a front setback variance, and for easements to place retaining walls within the Town right-of-way in order to access the lot. After an extensive review of these requests by the Town of Vail Public Works Department, Fire Department, and Planning Department, it was felt that a more appropriate and practical solution to this problem would be to vacate a portion of the platted but unbuilt cul-de-sac. The area to be vacated was designated by the Town Engineer and has been reviewed and approved by all operational departments of the Town of Vail. The staff recommendation for this request is for approval. This partial vacation allows the owners of Lot 1, Block 1 'to adequately access and develop their property. It also maintains adequate road right-of-way to meet the requirements of the operational departments of the Town of Vail. The Intermountain area is slated for a road improvement project starting perhaps as early as the summer of 1990. At that time it is the assumption of the Public Works Department that street improvements will be made to this portion of the public right-of-way. RP/bsc ~ o ORDINANCE N0. 16 Series of 1989 AN ORDINANCE VACATING ALI_ RIGHT, TITLE AND INTEREST OF THE TOWN OF VAIL IN AND TO THE ROADWAY MORE PARTICULARLY SET FORTH AND DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, a portion of Larkspur Court, a public roadway within the Town of Vail is not utilized by the general public; and WHEREAS, because of said reason, 'the Town believes that it would benefit the public safety and welfare to vacate said roadway and take the necessary steps to allow title to the roadway to transfer to the owner of the adjacent property for owner parking purposes only under the terms and conditions as set forth herein; and WHEREAS, 43-2-303 C.R.S., as amended, provides that a municipality may vacate all right, title or interest in a roadway by the adoption of an ordinance vacating any roadway or part thereof within the corporate limits of the Town; and WHEREAS, 43-2-302 C.R.S. provides that in the event that a portion of a roadway is vacated, title to the vacated portion of the roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway; and WHEREAS, the abutting landowners of the pertinent portion of Larkspur Court are Larry Roush and Sally Dean. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: Section 1. The portions of Larkspur Court set forth in Exhibit A attached hereto are hereby vacated and shall be conveyed by quit claim deed to Larry Roush and Sally Dean (owners) subject to the following conditions: A. The Owners shall be obligated to maintain the vacated roadway and to keep it in good repair. No property described herein shall be used or occupied at any time for any purpose other than pedestrian, bicycle, and motor vehicle ingress and egress for the sole purpose of parking, and for the construction of a garage. B. No property described herein shall be used or considered in determining the gross residential floor area or density that the Owners would be entitled to under Town of Vail laws and regulations. C. The Owner shall be required to construct a gravel turnaround within one (1) year of the effective date of the ordinance which shall be sufficient in size to accommodate Town of Vail fire vehicles and snow removal equipment. Owner shall be required to grade the area, surface it with an all weather surface, and place an adequately sized culvert under the area for proper water drainage. All plans for construction of the improvements required by this paragraph shall be subject to approval by the Town of Vail prior to construction. Section 2. If any Kart, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Towri 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 4. 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. INTRODUI:ED, 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. Eric L. Affeldt, Acting Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- 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- ' _ .. ~xhi.b.i.,t A (page 1 a ~ 2 'r Johnson, Kunke! & Associates, Inc. LAND SURVEYING CIVIL ENGINEERING Iv1APPING P.0. Box 409 ~ 1 13 East 4th Street ~ Eagle, Colorado 81631 LEGAL DESCRIPTION LARKSPUR COURT RIGHT-OF-WAY VACATION Eagle: (303) 328-6368 Metro: (303) 287-0835 Beginning at the most northez•ly corner of Lot 1, Block 1, Vail Intermountain Development Subdivision; thence along the prolongation of the northeasterly boundary of said Lot 1 N.8O`'14'46"W. 29.40 feet to a point 10' from an existing sewer line.; thence along a line 10' from and parallel to said sewer line S.O2`'15'14'°W. 40.58 feet to a paint on the right-of-way boundary of Larkspur Court; thence along said boundary 49.10 feet along the arc of a curve to the left with a radius of 45.00 feet, the chord of which bears N.4O''15'27"E. 46..70 feet to the point of beginning. Said parcel contains 789 square feet or 0.02 of an acre, more or less. ..,~.,,~~,,...- 6oomaeaa %~~~. G ~G ~®~~_ T~ ~;~ 7 . 1 fi=t S Date Steven K. Sc 269 .~~ ~ 20695 Senior Vice >~~,~ryident o s~z-` Johnson, Kunk~~~~ A~`cic~, Inc. Surveyor°s Notee The location for the sewer l:lne used in this legal description has been obtained from topography mapped by Eagle Valley Engineering and Surveying, Inc. dated January 5, 1983. JK/89/119 - C'1crs~;n~ (Ut l~rr~ ~oPoSep~ UacurlC~ N ~p O N d b' S k w -1 ?9.00 ~ - -- ~~~ F. 101.39 o ~ ~~ , ' n s.° b e, 9~ ' ,`p _ 1 a ay i ~ a 62'30'39' ° R a 45.00' T a 27.31' ~ m 49.10' O m 84'29'41° R n 45.00' ~ . ` T =+ 40.87' L a 66.36' a M t~ , •g~ ° ~. _,~ ", _T~If•J- i~~- ~ _'~ 15 : t=t4 I D : ~=~Ti ITS D`r'EF' ~?Eh•IVER TEL 110: STUT'~, ~X7~ R ~ ~ X'LLE Yd RO®¢RT J. DYER III AT701aN£YS AT LAW R. GREGORY ST4TZ ftYB LOGAN 5TRCET CN6~RLES A. MILLER DEFINER, COI,pRADO r3o2o3 PAUL G. UPlTZ ~.R¢pOAY R. GIOM67T1 T6LEPHONC (303) ANI-12tlO T¢~cr~x t~oa) ®~4•on5 VIA FACSIMILE TO 479-2157 .June 9, 19x9 Mr. Rondall b. Phillips Town Manager of Vail Town of Vail 75 S. Frontage Rd. Vail, CQ 81fi57 2214 wA~~ a~la~E' vA~L.coLOa:.~c e_ ~ti, YCIw-~~:NE (303> a`C -32'x') RECD JUN ° 91989 S1829/2 Re : Ar~t~ ~ 1 Qes i,an Rev i,ew Soar D ci ~ i on Chester Res i den~~,, Dear Mr. Phi 1 l ips: ; '~, This letter constitutes thE: appeal of W. Grant Williams to the Vail Town Counci 1 f ram the May 31 , t 989 dec i 5 i on of tho ees i gr. RFyv ~ e <; Board in connection with Lot 19 81ock 1. Vail Vi11~~~ rirs;; Fi1i g, Town of Vail, County of Eagle, State of Colorado, T:;r; decisian on appeal permitted certain design changes in conne~:ticr- with the height and elevations of a residential structure under construction on real property owned by E, 6. Chester. '~ir'. Williams' position with respect to the requested changes was mf3d6 known to the pesign Review Board at the hearing by William Pinr:.e, an architect retained by Mro Williams. The Design Rev.~e Board was incorrect in allowing the rac~uesteo design changesi~r the following reasons: 1''. The height of the structure substantial 1 y exceeds w~ta~ - 1s al.ac~wable under the Vail Zoning Tit1e~ *. '~ 2. The gr~ss resid+«ntial floor area of the stn: tune excee.d5 what is allowable under the Vail Zoning Titles '-:. S, Ths site coverage. of the structure exceeds 20% of the 1,~; area, thereby violating the Vail Zoning Title. 4. The structure does net meet the design criteria of thy. Vail Zoning Titl®. Please take the appropriate action so that this matter car r;e considered as soon as possible by the Vai 1 Town Counci 1 . Tt~ar~k you JI_I! J,-%~~-' ~~'~ ~ c~ : ~Z~4 I L.~ : ~=~TI_iT` D`r'EF' L:~Ehdl:~E~' TEL rd!=i Mr. Rondall V. Phillips Town Manager of Vail June 5!, 1989 Page 1'wo _.. J ~_~J _:~...~ x_111 _I ~C=.. L~_~.._ S18'?y/~ for yc>ur cooperation in this matter and if them are any qusst.ions pleas~- conts.ct the undersigned. Yo , `~" r~- Stutz RGS/s cc: J~-y K. Paterson, Esquire HE-rvey E, Deutsch, Esquire ~airry Eskwit,h, Esquire OTTO, PETERSON 8c POST FREDERICK 5. OTTO JAY K. PETERSON WILLIAM J. POST W ENDELL B. PO RTER FIELD,JR. June 15, 1989 Rondall V. Phillips Town Manager, Town of Vail 75 S. Frontage Road West Vail, CO 81657 RE: Appeal of Design Review Board Decision Chester Residence Dear Ron: VAIL NATIONAL BANK BUILDING (303) 476-0092 FAX LINE (303) 479-Oa67 ~ JUN ~ 6 189 On today°s date I received a copy of the Appeal entered by Gregory Stutz regarding the above entitled matter. At the time of the Design Review Board Hearing, the Design Review Board did not discuss or rule on items 1, 2 and 3 of Mr. Stutz's letter. The reason that they did not rule on or discuss those items was the fact that those items are determined. at the administrative level and had been determined by the Planning Department at a prior date and nobody appealed those decisions pursuant to the Town of Vail Ordinances. Mr. Stutz has commenced a law suit regarding items 1, 2 and 3 and rightfully or wrongfully that is the formum to which those items should be addressed at this point in time. Item no. 4 may be heard by the Town Council as I did appear in front of the Design Review Board for approval of several minor changes to the exterior design of the Chester Residence. The vote of the Design Review Board was 5-0 in favor of the changes. Pursuant to the Town of Vail Ordinance, the Town Council may hear the appeal on those items which I have brought before the Board on that date. I will strongly object at the Town Council meeting regarding items 1, 2 and 3 of Mr. Stutz°s letter being heard by the Town Council. If you any questions please contact me at my office. Sincerely, Jay . terson :ne cc: Harvey Deutsch Larry Eskwith Greg Stutz AT"COI~NEYS AT LAW POST OFFICE BOX 3149 VAIL, COLOEADO 81GS8-3149 dr ~ A iM11 Mr. Richard L. Gustafson Chairman Eagle County Board of Commissioners P. 0. Box 850 Eagle, Colorado 81631 June 19, 1989 RE: Booth Falls Rock Fall Mitigation Project Dear Dick: Thank you for your letter of June 12, 1989 concerning your decision to not fund the $20,000 for the Booth Falls Rockfall Mitigation Project in 1989. We do not agree with your decision, but appreciate your willingness to budget this amount in the 1990 Eagle County budget. Please consider this our official request for the $20,000 to be included in your budget process, and we will be happy to have a statement to you on January 2, 1990, for payment. If there is any other procedure we need to follow to make sure this included in next year's budget, ;please let me know. Sincerely, .- / ~~~ J 1~'zt R. Rose Mayor KRR/RVP/bsc cc: Jack Acuff Charlie Wick Steve Barwick Vail Town Council I • a ~~~1L,~ ~®'~Yl ~~~ 551 Broadway Eagle~,Colorado 81631 (3~J3) 328-7311 June 12, 1989 Kent R. Rose, Mayor Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Booth Falls Rock Fall Mitigation Project Dear Kent: Thank you for your letter of May 10, 1989 regarding the Booth Falls Rock Fall Mitigation Project. We have again considered the request and still do not feel that we can fund the 520,000 since it was not budgeted. We will include the request in the 1990 Eagle County budget. We then would be able to release funds for the $20,000 contribution on January 2, 1990, or anytime after that date. Sincerely, Eagle County Board of Commissioners ~/'~ ,. Richard L. Gustafson, Chairman RLG/JRF/jr cc: Allen Sartin, Director of Budget & Risk and Information Systems Board of County Commissioners Assessor G7erk and Recorder P.O. Box 850 P.O. Box 449 P.O. Box 537 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 .__ ~... _.. c.. .._... .~,.s ._+' ', ~.'•.Tr `rl~4t. ci' ~G. .f: ~.~s .a 4.:.r; .. ;..'_~....: _... ._ ,. .._. ._, ,., ~z'. .. Sheriff P.O. Box 359 Eagle, Colorado 81631 . ,-: Treasurer P.O. Box 479 Eagle, Colorado 81631 [~~n ~0 Nay 75 south frontage road vail, Colorado 81657 (303) 479-2136 MEMORANDUM T0: VAIL TOWN COUN L FROM: PAM BRANDMEYFR~ DATE: 19JUN89 RE: APPOINTMENT OF SPECIAL MUNICIPAL ELECTION JUDGES It is my pleasure to suggest the following three prospective appointees as judges for the Special Municipal Election scheduled Tuesday, July 11, 1989: Lee Bennett 476-0819 Box 2451, Vail, CO 81658 2489 Chamonix, Vail, CO 81657 Kay Chaney 476-4935 Box 1094, Vail, CO 81658 2754 Bassingdale, Vail, CO 81657 Joan Norris 476-3250 141 West Meadow Drive, ~~2 Vail, CO 81657 The staff recommendation is for approval of these three prospective election judge appointees. down ofi uai 75 south frontage road vail, Colorado 81657 (303)479-2138 (303)479-2139 office of community development TO: Ron Phillips & k~arlie Wick FROM: Susan Scanlan SUBJECT: Clean-Up Day.~tatistics DATEe June 19, 1989 Attached you will find th.e final figures for the Clean-Up Day held May 20, 1989. These are the figures based on the lists of participants we had. There may in fact have been individuals who participated, but if their name was not on the list we have no record of them. Based on the large numbers, one would have to expect a few individuals to be missed, but we had to base our numbers on these lists. I did reiterate the necessity to sign up several times on Saturday and I think the people who were signing up the volunteers did an excellent job. I would like to commend the job done by Jim Hoza and the Public Works crews on Saturday getting the crowds dispersed to their various areas. The clean-up would not. have gone nearly as well without Jim's help. At this point, all of these organizations have received their checks for the specified amounts. I sent cover letters with each check which explained the donation system and listed the various individuals who worked for each group. Attached you will also find a list for all of the donations we received from various businesses for the barbecue and the raffle which was held at the barbecue. The barbecue would have been very expensive for the Town without the support and generosity of these people. One additional comment, the Vail Mountain School donated $110.00 of the money they were to receive to the local Buddy Program. I think the success of the event warrants a similiar event in the future to achieve the spruced up appearance of the community and the payback of the wonderful sense of community that was generated. :. •: CLEAN-UP DAY STATISTICS (OFFICIAL Total weight of trash collected: (1) East Vail: 3.02 tons (2) Ford Park: 2.39 tons (3) West Vail: 3.41 tons u.u~ Lons Total number of registered participants: 380 volunteers 19 TOV employees Charity/Non-profit Group # Volunteers Total Earned Alpine Garden 7 $ 140.00 American Cancer Society 4 80.00 BMHS Cheerleaders 7 140.00 Boy Scouts (Troop 231) 9 180.00 Boy Scouts (Troop 229) 1 20.00 Bravo! Colorado 3 60.00 Center for Env. Education 1 20.00 Colorado Ski Museum 35 930.00 CO Ski School for the Blind 2 40.00 Drug Free Eagle Valley 3 60.00 Eagle Vail Valley Rotary Club 2 40.00 Project Graduation - EVHS Class of 1990 10 200.00 Echo Ranch 5 100.00 Faith Bible Chapel 19 470.00 Green Peace 2 40.00 Holy Cross Wilderness Defense Fund 2 40.00 Humane Society 16 380.00 Jimmie Heuga Center 1 20.00 LDS Church - Eagle Valley Branch 9 180.00 LDS Church - Vail Branch 14 320.00 Learning Tree _ 6 120.00 Minturn Presbyterian Church 1 20.00 NICA NET 3 60.00 PAW 6 120.00 Prime Time Reading Program 2 40.00 Ski Club Vail 15 350.00 _ Special Olympics 2 40.00 Trout Unlimited 1 20.00 VMRD Track Fund 30 800.00 Vail .Bible Church 1 20.00 Vail Chamber of Commerce 4 80.00 Vail Community Theatre 17 410.00 Vail Medical Center 4 80.00 Vail Mountain Rescue 6 110.00 Vail Mountain School 47 1,310.00 Vail Rugby Club 16 380.00 Vail Symposium 1 20.00 Vail Valley Arts Council 1 20.00 Vail Valley Little League 21 530.00 Vail Women's Soccer 8 160.00 Women's Resource Center 24 620.00 Young Life 13 290.00 TOTAL 377 $ 9,060.00 EXPENSES FOR BARBECUE & CLEAN--UP: 1. Beer & Wine Coolers (C&C Distributing) 317.90 2. Hot Dog Buns (Holsum Bread) g,80 3. Relish & Foil (Western Slope Supply) 22.75 4. Name Tags & Raffle Tickets (Scully's) 50.77 5. Name Tags (Stationery Traveler) 15.48 6. Miscellaneous Items (Safeway) 39.20 TOTAL $455.90 An additional expense needs to be added for the portable toilets, but I am unsure of the exact figue to date. It will be approximately $150.00. DONATIONS FOR CLEAN-UP DAY BARBECUE 1. McDonald's - Hugh Schmidt 300 1/4 lb. burger patties & 300 buns Mustard, onions, ketchup Use of orange thermos container for coffee Saturday AM 2. West Vail Liquor Mart - Charles Crowley 3 cases of soda 3. Alpine Donut Shop - Lyle & Marilyn Flynn 17 dozen donuts: a pleasant surprise as they had committed to 5 dozen 4. Dobson Ice Arena - Alice Short & Tom Salasky Case of plastic drink cups 4 cases of soda/seltzers 6 55 gallon barrels for soda & 2 aluminum troughs Ice for the cooling of the soda & beer 5. East Vail Market - Dan Rotherman 2-21b. cans of Folger's coffee 6. Vail Food & Deli - C2-aig Sims 2 cases of soda 7. Village Inn Plaza Liquors - Tom Maw 1 case of soda 8. Rick's Streetside Dicier - Rick Richards Styrofoam plates 9. Chateau Vail-Holiday Inn - Deborah Fountain Potato salad & Cole slaw 10. Vail Board of Realtors - Jo Brown (President) 15 cases of soda 11. Village Inn Pancake House - Darcy]. Flores Two large urns of fresh brewed coffee for Saturday AM 12. Cheese Shop of Vail - Ginny Williams 5 lbs. of various sliced cheeses Cole slaw 13. Village Market - Phil Robbins 5 dozen donuts 14. Subs & Spuds - Joann Sunday 1 case of hot dogs (approx. 100 hot dogs) 15. Clock Tower Cafe - Roger Riggert 3 cases of brat.wurst (approx. 150 brats) 16. Burger King of Vail - Jay Hammer Styrofoam coffee cups and sugar 17. Dairy Queen - Gregg Johnson 10 dozen hot dog buns 18. Wendy°s - Jim Tonneson Napkins and plastic flatware (knives & forks) 19. Marriott°s Mark Resort - Hassan E1 Neklawy 150 assorted cookies & 100 brownies 20. Doubletree Hotel - Richard Newman 3 large bowls of pasta salad, potato salad & cole slaw 21. Cleaver's Deli - Tom Cleaveland 5 lbs. of sliced cheese 22. Safeway - Dennis Spear 1 full size sheet cake 23. Sonnenalp - James Phillips Large bowls of potato salad & pasta salad 24. Ace Hardware - Patrick O'Brien 4 cases of soda 25. Vail Vittles - Ron Bullington Plastic forks and the use of his concession for storage of the liquor and the food. 26. Vail Associates - Paul Golden/Jody Faust 14 picnic tablets for the barbecue & vast quantities of ice 27. Shirkie Evans Everything else which wasn't provided by the Town of Vail. Barbecues, propane, tables, utensils, mustard, mayo, plates, spoons, forks and the very generous donation of his time. 28. Holsum Bread - Dan Schultz 2 cases of potato chips 29. Western Slope Bar Supplies - Bunny Relish and aluminum foil were purchased at cost 30. C & C Distributing 16% discount on the purchase of wine coolers and whole sale cost.on beer. 31. BFI - Jerry Van der Velde: 40 yd. dumpsters & litter boxes DONATIONS FOR RAFFLE 1. The Jackalope Cafe & Cantina - Ralph Dockery & Bob Doyle Mexican dinner and drink for two Mexican dinner and drink for two Sandwich and drink for two 2. Satch's - Steve Satterstrom $50 gift certificate from the Pro Shop $50 gift certificate for dinner at Satch's 2 greens fees and cart for 18 holes of golf 2 greens fees a.nd cart for 18 holes of golf 3. Posties - Charlotte Lange & Bill Post 1 dozen homemade cinnamon rolls 4. Vail Associates - Pat Peeples/Mike Shannon 30 vouchers for• lift tickets for 1989-90 ski season 5. Cafe at Gorsuch - Greg McMaster Dinner for two 6. Red Lion - Kevin Foley/Andy Boaz $20 gift certificate for lunch for two 7. Blu's - Tom Armstrong/Blu Funk $50 gift certificate for lunch or dinner 8. Laura's Fudge Shop - Danny & Sandi Manning $10 gift certificate 9. Cheese Shop of Vail - Ginny Williams Downey's Irish Whiskey cake ~~ Learr~ir~ i Qo~ ~ ~ree9 . _ ~ L~: C'p JUN 1 21989 ~~, MAUREEN MULROONEY. DIRECT013 ~....l~cGae~ ~% ~<~~ ~ -e~~ ~~~c // ear ~~-~~~L '~T ~A ~ ~; ~ti ~ C.e.^.e.~~' ~ ~O eA~~aR-~ ~f~a /n~~nn?..' ~" ~2C/C~~ ' ~ ~~.r~ `ZU-~ ~'~r.c.~~pa~fH ~- '~ ~`~ ~~ Q Q ~ ~~~ ~~~ ~~~~ ~J ~iCt~ ~1iP~~ f ~~~~ ~CGU ~~ti~ ~~ GSA d~ c,~-~~- v CJ~ Learr~i ®0vo D ree~ ~~ MAUREEN MULROONEY. DIRECTOR iixt,~a~ y~~~, ~v Cie,, n ~-r/~ G~ c-~~,~.u~, ~x~ =Ewe, i "E:_~Y~.~~r GurG ca.:~. f~' ~ ~f~ f~rw..x c Cu~ri ~~,y ~~e~~ ~~zde<,~ ~~~-~~~d~ Svc c~ ~~_ ~~c~t G~~-~ ~~' ~- ~ ~_ ff,F< ~~«. z~.~,~~, ~_ ~~®~~c9 I~co P.O. Box 1567 Avon, Colorado 81620 June 2, 1989 Susan Scanlan Event Coordinator Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Susan: 4 Thank you for your generous donation to Echo Ranch. We appreciate your program which allows individuals to make such contributions. Rest assured that the donation will go to our program designed to help our kids learn to be responsible adults. Something you may want to know in the future is that Echo Ranch, Inc. is a private non-profit corporation. We are not a part of Eagle County Government. We do contract with Eagle County (and other counties on occasion) to provide residential adolescent care. Our funding is a com;~ination of fee for service and contributions . Thanks you again for this opportunity to raise money. Sincerely, '. evin Lindahl, president Echo Ranch, Inc. KL/mpw A Colorado not for profit cor{xxation. Managed by Volunteers of Amrnca Y: Vl/omen's I?esourcQ Center WRC of EagleCounry Lower Level, Vail Library P. O. Box 3414 HONORARY BOARD Vail, Colorado 81658 Lt. Gov. Nancy Dick 303/476-7384 Dr. Jack Eck Betty Ford Renie Gorsuch Sheika Gramshammer Ms. Susan Scanlon Mrs. Cortlandt Hill 75 S. Frontage Rd. David Kanally Vail, CO 816 5 7 Dottie Lamm Richard Lamm 3 June 1989 Gaii Wahrlich-Lowenthal , Darlene Deer Truchses Dear Susan: On behalf of the Women's Resource Center, I'd like to thank you and the Town for the generous donation to our program. We use contributions such as yours to provide direct service to clients in need. We appreciated the opportunity to be involved with your won d e rf u 1 community clean-up, and certainly appreciate the generous bonus! Our volunteer Advocate group is stronger than ever. We have a large core of active, well-trained Advocates, who are meeting the needs of hundreds of victims of domestic abuse annually. The WRC served over 500 individuals and their families in 1988. We also continue to provide a wide range of community education oportunities. Again, our deepest thanks for your continued support of the Women's Resource Center. Sincerely yours, ~~ Cheryl .Pallet Director /CLP C®L®R~D® SKI ~TSELTI~ S~ ®~' ~ ~~ June 6, 1989 Susan Scanlan Environmental Health Officer/Event Coordinator The Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Susana On behalf of Christine and myself at the Colorado Ski Museum - Ski Hall, we wish to commend The Town of Vail and you for a successful Vail Valley Clean-up Day on May 20tho The day ran very smoothly; the weather cooperated, tons of trash were cleaned up in the Vail Valley, the BBQ was delicious, and participants were rewarded with fun prizes. We were thrilled to see so many friends of the Colorado Ski Museum participating on our behalfa We appreciated receiving the charity contribution check totaling $930, and a copy of the list of Museum participantso Again, Susan, we thank you for your efforts and hard worke We appreciated the Town of Vail providing us an opportunity to raise some much needed fundso We can hope ~'or another successful clean-up event next yearn "°' Sincerely, _~~ ~~ Patty~~Ao Bierle Administrative Assistant /pb P.O. Box 1976, Vail, Colorado 81658 0 303/476-1876 ~cai° ~~cru~~ ~oGorn~a j ~~~G ~~~~~lres,, ~oruti ~orzalioia- ~s.~i~cal~ a~~ii~caa~c~L! ~ecarrse ~~/r~~cracr~os~~; ~~~eo~ le l~% Corr, rum cart co~aCriurc to- /~cf.>- ~e ~~r~rr~ o - .~~~ c Grun~i~~~r~ (~'oGorYru~o-s, ~ cam C1~/l~ C!r/1<5'~ ~'aiv~ic~ .j~ ~ ~ olrrz ~hxecu~oe ~u~cc~or° a ...e Dnited States Forest Washington 12th ~ Independence SW ~~~~~ Department of Service Office PoO. Boz 96090 ' ~'-s~ Agriculture Washington, DC 20090-6090 ~``'~-~ 703-235-8212 Reply To: 1570-1 (L) Date : '~~dN 1 6 199 rpP15 WYr UQSS Mr. Lawrence Eskwith Town Attorney, Town of Vail 75 South Frontage Road Vail, Colorado 81657 Mr. Emmet A. Mossman/Mr. David Cooper 1430 East Bates Avenue Englewood, Colorado 80110 Dear Appellants: Mr. Charles B. White Brownstein Hyatt Farber & Madden 22nd Floor, 410 17th Street Denver, Colorado 80202-4468 This is in response to your appeals of the Vail Land Exchange on the White River National Forest. The appeals were filed in response to Regional Forester Gary E. Cargill's November 8, 1988, decision to proceed with the exchange and are being processed pursuant to 36 CFR 211.18 of the Secretary's Appeal Regulations. Since the decision involves multiple appeals with similar issues, the appeals have been consolidated and we are issuing a single decision (36 CFR 211.18(n)). In this exchange, the Weste m Land Exchange Company (WLEC), agent for the Federal land recipient, Lodge Properties, Inc. (LPI), is offering to convey two parcels--385 acres--of non-Federal land in the Eagles Nest Wilderness for two parcels--42.07 acres--of Federal land at Vail, Colorado. The Town of Vail has zoned the Federal lands at Vail as "open space.1P The appeals concern the 2.07 acre Federal parcel herafter referred to as the Lodge Parcel that adjoins the south side of the Lodge at Vail. The WLEC is proposing to utilize the Lodge Parcel for commercial development as a hotel site. The Lodge Parcel has a Regional Forester approved value of $915,000. Central to the appeal is the question of whether the appraisal accurately reflects fair market value. Environmental effects have already been examined and decided in a previous appeal. As stated in our remand decision of June 16, 1989, the only issue remaining is the Regional Forester's decision to approve the revised appraised values for the Federal parcels. We find no new evidence in this appeal record that would cause us to change our decision. Accordingly, our review centers around your assertions that the Lodge Parcel is worth far more than the amount established by the Regional Forester in his decision of November 8, 1988. Your appeals are denied. We have examined the record and sustain the Regional Forester°s decision on the appraised value. We are satisfied with the Regional Forester°s detailed review and response to the specific valuation issues raised by the Appellants and adopt it as our own except to note that valuation data occurring after the valuation date can be considered in reaching the final FS-6200-28a (5/84) ~' ~ ~~~~; j9c[s [qY~ UPS ~,,. 2 conclusion. See Regional Forester's Responsive Statement dated March 15, 1988, top of page 26 regarding the valuation data provided by Appellant rfossnan. All valuation data submitted in reference to the Lodge Parcel has been analyzed. These analyses do not indicate a supportable value different than that estimate approved by the Regional Forester. This appraisal was completed by an independent qualified appraiser. His work was reviewed by two of the most qualified review appraisers in the Agency-Donald Howell, A.R.A. and William Wakefield, A.R.A., A.S.A., SR/WA. Both men are familiar with the issues. The review appraisers conducted on site reviews of the appraisal problem. Both review appraisers concurred with the value estimate. The issue has received a high level of professional attention. Accordingly, Regional Forester Cargill's November 8, 1988, decision is affirmed. Amore detailed response to Appellants' appeals is enclosed. This constitutes the final administrative determination of the Department of Agriculture unless the Secretary, on his own volition, chooses to review the appeal (36 CFR 211.18(f) (2) and (4)). Sincerely, LARRY NSON Reviewing Officer Associate Deputy Chief, National Forest System NFS ~~3070, 3089, and 3093 Certified i4ai1 FS-6200-26a (5/84) ~~1~ ~ Lacrosse Tournament Vail and Avon Athletic Fields.All Day t` `I, ~ ~~' Vail, "Where Dreams Come True"Parade Beginning at Golden Peak 10:00 a. m. Petting Zoo Pony Rides, Camel Walk & more! Under Gondola, 10 am-4pm ~ Nature Center- Nature Crafts Ages 4-12 years Call 479-2291 to register Rotary Club Old Fashioned Barbeque and Carnival Parade Awards11:30 a. m.-2:00 p.m. Molly O'Brien Band Rythym and Blues 1-4 p. m. Lionshead Mall, Fountain Nature Center Beaver Pond Walk 6:30-8:30p.m. Call 479-2291 to register Gerald R. Ford Park Dedication 5:00 pm, Lower Bench-west of Ford Amphitheater.Free cake and ice cream.Balloons, ,Jugglers, Musi- cians plus other fun entertainment. STREET ENTERTAINMENT SATURDAY 10 30- I I am DAN FOLEY,JWGLER, Lionshead Mal I II-I130am OPALANGA/Children'sShow,VallVlilage-Ea[onSquare 1 lam-2pm RUNAWAY EXPRESS, Lionshead Mall 12.30-Ipm DANFOLEY,JUGGLER, Vall village-Seibert Circle 1-1.30pm VENTRILOOUIST,VaII Vlllage-Chlldren'sFountaln OPALANGA/CMIO-ens Show,Vall Vlllage-Eaton Square 2-230pm NAVAL CHOIR,LIOnsheadMall-FOUntaln 230-5~30om VAN MANENS, Llonsneatl Mall- Popcorn Wagon 4-430pm SWISS FAMILY DANCERS. Vail Village-CMldren's Fountain S 30-6pm HELMUT PRICKER, Vall vniage-Seibert Urcle 6-6 30pm HELMUT PRICKER, Vall Vlliage-Chlltlren's Fountain SUNDAY ~, j ~; 1030-1 lam NAVALCHOIR, Vall Village-Chlltlren'sFountaln~° SCHUPLATTERS, Uonshead Mall, Skier Statue ~ DAN FOLEV,JUGGLER, Uonshead, Sundance Plaza `} •~f I I-2OOpm RUNAWAY EXPRESS, VaII VIIIdge, Eaton Plaza VANMANENS, LlonsheadMall, Fountain ° 1230-1pm HELMUTFRICKER,Chlidren'sFOUntaln a 2-400pm VAN MANENS,LIOnsheadMall, Skier Statue 2-2.30 pm BEAVER CREEK CHILDREFS THEATER, Uonshead 2-2 30pm OUR GANG SINGERS, Val I VII loge, Siebert Circle 2 30-3om STARSTRUCK DANCERS, Uonshead Mall, Fountain 4-430pm SCHUPLATTERS, Vall Village, Seibert Circle OUR GANG SINGERS. Uonshead Mall, Skier Statue 430-Spm STARSTRUCK DANCERS, Vall VI Rage, Chl Idren's Theater CITY OF DENVER PIPE BAND, LlonsheadMall, Dopcom Wagon S-S 30pm DAN FOLEY,JUGGLER, Vall Village, Eaton Plaza SWISS FAMILY DANCERS, LtonsheadMall, Fountain 5.30-6pm NAVAL CHOIR, Uonshead Mall, Popcorn Wagon 6-630pm CiTYGF DENVER PIPE BAND, Vali village, CMldren's Fountain MONDAY I I-I I~JOam VENTRILCOUIST, Vall village, Seibert Circle CITY OF DENVER FIDE BAND.Llonsnead Mall, Fountain 1130-12noon STARSTRUCK DANCERS, Val I Vl llage, Chl ldren's Fou~[aln 12- 1230 pm NAVAL CHOIR, Uonshead Mal I, Fountain SCHUPLATTERS, Vall Village, Seibert Circle 12 30-2 30pm YOU GUYS, Lionshead Mall, Fountain I-I 30pm CITY OF DENVER PIPE BAND, Vall village, Eaton Plaza VENTRILOQUIST, LlonsheadMall, Popcorn Wagon 1.30-2pm OUR GANG SINGERS, Lionshead Mal I, Skier Statue 2-2.30 pm BEAVER CREEK CHILDREN'S THEATER,VaII Village, Seibert Circle 2-2 30pm SWISS FAMILY DANCERS. Val I VI Rage, Chl Idren's Fountain STARSTRUCK DANCERS, Lionshead Mal I, PdpCbm Wagon 3-3 30pm DAN FOLEY,JUGGLER, Vall VI I loge, Eaton Plaza 3 30-4pm SWISS FAMILY DANCERS, Lionshead Mall, Skier Statue S-5 3Gpm DAN FOLEY,JUGGLER, Lionshead Mall, Popcorn Wagon 6-6 30pm SCHUPLATTERS, Lionshead Mall, Fountain 8 30-9 pm NAVAL CHOIR, Vall Village, VIStaBahn TUE SDAY 10.00- 11.30 I I JO-12 12- 12.30pm 12 30-Y 30pm 1 2 30- I pm Miller Genuine Draft I-, 3opm I-4 pm Hot Summer Nights 230-3pm Dixie Night" Hot Tomatoes" 3-3 70pm 3 30-4 pm Ford Amphitheater ~, .;~ ~ 43030pm 6:30-8:30 FREE Concert ~ S-S 30pm <~ •I, ~ 500-6pm ~~ ~ ~~ ¢~ • r 7'" '~. ~° '~~.\ d ~ .' ~} a VAIL. WHERE DREAMS COME TRI,E' PARADE THROUGH VAIL VILLAGE ANO LIONSHEAD COLORADO SPRINGS BOOSTER BAND. Lionshead , Suntlance Plaza VENTRILOQUIST, Vail Village, Eaton Plaza STARSTRUCK DANCERS, Vall VII Iage, Children's Fountain SWISS FAMILY DANCERS, Lionshead Mall, Sundance Plaza NAVAL CHOIR, Lionshead Mall, SundarKe Plaza YOU GUYS. Vail Village. Children's Fountain OUR GANG SINGERS, Vall Village, Selber[ Circle CITY OF DENVER PIPE BAND, Vall Village, Eaton Plaza MOLLIE O~BRIEN BAND, Lla~shead Mall, Fpuntaln NAVAL CHOIR, Vdll ViIIdgP. Selber[ ClrC le OW GANG SINGERS, Vdll Village. Chlltlren's Fountain DAN FOLEY,JUGGLER, Val l Vl page, Eaton Plaza STARSTRUCK DANCERS, Uonsheatl Mal I, Fountain CITY OF DENVER PIPE BANG, Lionshead Mal I,POpcorn Wagon HELMUT PRICKER/SCHUPLATTERS, Vall Village, Seibert Plaza SCHUPLATTERS, LlonsheadMalt, Fountain DAN FOLEY, JUGGLER, Ford Park Dedication Vail Nature Center Discovery Vail Hill Climb Lacrosse Shoot-out Walk Dobson Ice Arena 9-10 a. m. Bill Wright's Adult Tennis Camp July 1-2 Call 479-2296 to register Wings for Independence Air Show Eagle County Airport . Gates open ~t 8:30 a. m. Air show at 1 1:00 a. m. NFL Place Kicking Contest Lacrosse Tournament Vail Athletic Field Beginning at 9 a. m. Beaver Creek Arts Festival Beaker Creek Mall 10 a.m.-4 p. m. Children's Chalk Art Vail Youth Center (outside) Lionshead 1 1 a. m. -1 p. m. Avon Celebration Salute to America Nottingham Park, Avon East-West Partners Present BBQ and Music 5:30 Flash Cadillac 8:30 Fireworks 9:30 FLASH CADILLAC RETURNS AFTER FIREWORKS ...~_ ~ . * .. ~ ~. *, Start Time:9:00 a. m. Beaver Creek Arts Festival Beaver Creek Mail 10 a.m.-4 p. m. Minturn Town Celebration Family activities all day Lacrosse Tournament Vail Athletic Fields *~` Beginning at 9 a. m. Family Flower Walk Vail Nature Center 1 1 , a. m. -12 noon '~~' Call 479-2291 to register Petting Zoo Pony Rides, Camel Walk Lionshead (under Gondola) .~ 10 a.m.-4 p.m Colorado Springs Symphony Ford Aii~phitheater 1 p. m. FREE D'A N C I ~~ G ~'.N T H~ 5 TR ~~ T S P%RT 2 GU]CG~I ~pdr: P~~f~it-,4 LuL (~ ~ lJ ~~ ~ i1: -- 3 ~ (~"l i x;11 ~9 ri t DANC1'f~G , ~1 G:'SCR'EEN "1I0~QS CAS 1 ~~R1~d l A CIRCUS` Skateboard, Trick dike demos ~r h ~n ~~:.~n ~, i n~zn ~n, PIZZA' AND DR(NKS 'AVAILABLE. AL50 APPEARING "AI~USf`~lE YOUTH " ~ ~~ ~ .,. Vail and Avon Athletic Fields Beginning at 9 a. m. Vail Mountain Hike ' Vail Nature Center ~' 1 1 a. m. -1 p. m. ;:;- Call 479-2291 to register " Vail Trail Tiny Tots Tourna- ment Lionshead (under Gondola) X2.00 9 a.m.-12 noon Petting Zoo Pony Rides, Camel Walk Lionshead (under Gondola) 10 a.m.-4 p. m. Children's Chalk Art Vail Youth Center (outside) 1 1 a. m.-1 p. m. Vail Fireworks Vail Village 9:30 p.m Vail America Days Concert and Fireworks Featuring John Bayley Ford Amphitheater Doors open at 8 p.m. 7~cKE15~6•0~ i~ 23 C __ ,,~~i,_~u.~,-- ~:,-~i~u~~xuul~, Irl~.,, i,..,n ~---- - MINUTES FROM THE VAIL VALLEY COMMUNITY TELEVISION BOARD MEETING June 8, 1989 8:00 AM Attendees: Jerry Davis Reggie O'Brien Brian Hall C'0 JUN 1 9 1989 The minutes from the previous meeting were reviewed and approved. It was suggested that the minutes from the following meetings be sent to a representative from each of the town councils in Vail, Minturn and Avon to keep them abreast of Channel 23 activities. Brian presented the Board with a certificate from the Eagle County Sheriff's Office for work that was done by the Channel for the Law Enforcement Torch Run. A press release about the event also mentioned Channel 23 participation. There are currently five sponsors for the softball games. The goal is for at least 2 to 3 more sponsors. The next sponsorship group is targeted for the town council meetings. The option of purchasing super VHS equipment was discussed. It was felt trat although the quality of the taping was far superior to what is currently being used, the cost was prohibitive. Also, all the equipment needed to be in place in order to improve the quality. A few pieces here and there did nothing to improve the quality. Brian and Jerry discussed the additional equipment purchases for the current calendar year. The objective is to have two portable decks and two portable cameras with a switcher. This would allow for the taping of events using a multi-camera format and the fading in and out of shots. This would allow for reduced in- studio editing. fail, (:; ,1;i;':uli, ~;((~~~,~, The purchase of the character generator (CG) was postponed until Brian could further evaluate the five CG and narrow them down to three, with his own personal recommendation. The issues of versatility, ease-of-use, cost, memory, and graphics capability were stall the criteria used for selection. A decision would be made at: the next meeting. The urgency for the CG is based on the goal of being on the air for more hours of the day and allowing for the promotion of local sponsors. Some of the promotion will hopefully be a trade-out for promotion of the Channel in the local papers, using the ads that were produced. Bill Perkins and Jerry Davis are to follow iap with the local papers. Further equipment purchases decisions will be made at the next meeting that will be held on June 16 at 8:00. cc: Bill James Ron Phillips Bill Sweeney ,.., .. .~. ~~~~ ~'~ ~ f11~,rrrc . ~w ~,rz>'r~~'rt June 16, 1989 Mr. Todd Scholl Mr. Jack Owens Maintenance Department Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Todd and Jacke `~)) i ~~. g_ _~ ~~~ R fir. ~ ~~. 1 ~ ~e r ~. -~ ~ - ~,.- I was most surprised on my visit to the alpine garden today to find the donation box already finished and installed. The box that you have created for the Betty Ford Alpine Gardens is a work of art! as well as a very practical way to increase donations to the Garden. The design is just what we had in mind, and your workmanship is excellent. Please express our appreciation to others who have shared in the project. We thank you all for your contribution to the Garden. Sincerely, Helen S. Fritch President of the Board cc. Charlie Wick ~''~~ Stan Berryman -~~~- e ~~ 183 GORE CREEK DRIVE VAIL, COLORADO 81657 303-476-0103 e ~.~ r ~~- ..,: r' !g s .r P ~ ®f C®l~r~el~c~ ~au,~tf~Y -Ff~/ BCD J U N 1 9 198 ZCAI~IE I~AIRZ[" IIIY ~A~ILAI~IIIEI~3II~CA IIDAI`~S5 't'he Vail Chamber of Commerce and the ®fficial Parade Committee have been hard at work putting together what promises to be the best ever, VailAmerica Day's Paradel °° VAtIL, ~Hl/gtl/ DREAMS C®ME 'T12b1F°°, is the theme set for this year's nth of July Parade. ®nce again Vail°s first citizens, former President and Mrs. Ford will join us in vie`ving this spectacular event. 'd'he parade will have more musical entertainment than ever before with our special entertainment line-up of the Naval Air 'Training Command Choir, 'The Star Struck Dancers, Colorado Springs rooster Band, City of Denver Pipe Band, ~Jnited German IiIlungarian Schuhplattlers, Swiss Family Dancers, 1J1 Jebel Shriner Cflowns, Vail's own I~elmut Fricker and much more? ~'he most important part of the parade in the past has always peen the local community entries that have added Vail°s unique flair to this celebration. Guests and local viewers are always excited to see what entries the locals will bring forth. 'There will be five major types of entries: Motorized Float, Non-Motorized Float, Children's, l;questrian, and Marching ~Jnit. 'Trophies will be awarded as followse President's 'Trophy - Best overall that is chosen by former President Ford, best Children's IEntry, Most Comical, Best Marching ~Jnit, Best Motorized Float, Best Non-Motorized Float, and a the Best Business 1/ntry. ~ have enclosed a parade entry. Just fill it out, attach a check for ~fl~.00 and return to the Vail Chamber of Commerce, P.®. lox 305, Vail, C® Sfl65S. For more information regarding the VailAmer><ca Days Parade contact Jean C®rdray or wren Morter and the Vail Chamber of Commerce, X76-000. T,et°s show everyone just how much talent Vail has to offero 241 East Meadow Drive, Vail, Colorado 81657 ~ 303/476-1000 d €~~L i; J li I~ 1 J i;~~ VAILAMERICA DAYS FOURTH OF JULY PARADE FACT SHEET THEME: VAII., WHERE DREAMS COME TRUE DATES: Tuesday, July 4, 1989 TIME: Line-up starts at 8:30 a.m. Parade starts at 10:00 a.m. sharp LOCATION: Gold Peak ENTRY FEE: $12 for commercialized entries DEADLINE FOR ENTRY: The parade will be pre-organized on Saturday, July 1, so the Deadline for the entries will be June 30, 1989. NO ENTRIES WILL BE TAKEN THE DAY OF THE PARADE. WE WILL BE SENDIlVG YOU ADDITIONAL INFORMATION SHEETS ONCE YOUR ENTRY IS IN. THERE WILL BE FIVE MAJOR TYPES OF ENTRIES: Motorized float -Non motorized float -Children's Equestrian - Marching unit THE FOLLOWING TROPHIES WII.L BE AWARDED: Presidents trophy - "Best overall" -presented and chosen by former President Ford Best Business Entry Best Children's Entry Best Marching Unit Most Comical Best Motorized Float Best Non-Motorized Float TO COMPLIMENT THIS YEAR'S THEME, WE ENCOURAGE THE USE OF BALLOONS. PLEASE SEND ENTRY FORMS TU THE VAII. CHAMBER OF COMMERCE, P.O. BOX 308, VAIL, CO 81657, OR DROP THEM BY THE OFFICE A 241 E. MEADOW DRIVE. FOR MORE INFORMATION. CONTACT JEAN CORDRAY AT 476-1000. d JULY 4, 1989 PARADE ENTRY FORM TYPE OF ENTRY: Marching Unit: Equestrian Unit: Children's Unit: Motorized Float: Non-Motorized: NAME OF ENTRY (TITLE): BRIEF DESCRIPTION OF ENTRY: CONTACT PERSON: ADDRESS: BUSINESS PRONE: HOME PI~iONE: Please return to: fail Charriber ®f Commerce, ~41L Ea Meadow Drive9 Suite 30g, Nail, C® 51657 Deadlineo IEntries must be received at the Chaanber office no Hater these ,dune X09` 1989° No .entries will be accepted the day ®f the paraded For more llnf®rmatl®Ily contact ,dean Cordray at 476-1000 Qxto13~ une, 1989 _ ~~~ ~ U N 1 9 ~9~~ --- . . DENVER -Colorado's ever-popular Summer Events Guide is back, thanks to Colorado Tourism Board partnerships with American Express, King Soopers, and Domino's Pizza. The 63-page guide, featuring thousands of Colorado events and festivals from May through October, began distribution on May 17. A total of 615,000 copies were printed. Mario Giordano, Advertising Director of the Colorado Tourism Board, noted that the future of the guide seemed uncer- tain earlier this year because it had not been budgeted in the CTB Business Plan. "Partnerships with private industry allowed us to print and distribute more guides than ever before," he explained. There are three cooperative versions of the guide: American Express - 225,000 copies for distribution through Welcome Centers, visitor centers, Chambers of Commerce, Resort Associations, and Convention & IIHE~i~nCl~®~.y $~(~~~ti'S ~nl~ 't,o®~®Q~1~~® ~®~~i.S~ ~r1~O~~e~e~~ DENVER-Two prominent tourism industry members are ending their service with the Colorado Tourism Board's effort. AcEncroe Leaving Paul McEncroe, a charter member of the Colorado Tourism Board of Directors in 1983 and a 30-year restauranteur at El Rancho Colorado, announced that he would not seek another term on the board. McEncroe, who represented the Colorado restaurant industry and the Colorado/ Wyoming Restaurant Association, had served as chairman of the board in recent years. McEncroe's term formally expired on May 11. Governor Roy Romer is current- ly considering food & beverage industry representatives for appointment to the board. All CTB appointments by the Governor must be confirmed by the Colorado Senate. Sanders Resigns Dave Sanders, formerly General Manager of the Radisson Hotel Dcnvcr, ~: has resigned his position on the Colorado ~`' '~~ Tourism Advisory Council, where he ,~ .~ Paul served this past year as chairman. .~~*' ~ McEncroe Sanders also represented the Colorado/ Wyoming Hotel/Mote1 Association on the ~ ~ ~ ~~ Advisory Council. "" ~ The Tourism Advisory Council's _ Executive Commiltec recently designated F ~"~ ~ Ed Jungbluth, Executive Director of the Estes Park Area Chamber of Commerce s _\ z G ~„ ~~~~ ~r~ ~~~ t. ~ ~ ~ ~ ~,~* ~ _..~' f ~~ '~ and Vice Chair of the Advisory Council, as Interim Chair of the Advisory Council. Dave 'Tourism Conference ®ates Set Sanders DENVER -The 1990 Colorado Tourism Conference will be held April 10-11 in Denver. Specific site location in Denver will be announced in mid-June. Visitor Bureaus. Icing Soopers - 150,000 copies dis- tributed at 66 Colorado Front Range (Pueblo to Ft. Collins) King Soopers loca- tions from May 17-21 as a kickoff and highlight to National Tourism Wcek. Domino's Pizza - 240,000 copies dis- tributed with pi~ra by Domino's delivery persons (delivery person asked pizza cus- tomer if they would like an Events Guide) during a two-week period around Memorial Day. Confident of Cintiing private partners Cor the Events Guide, the CTB went forward with its process to gather data for the 1989 publication. Each Chamber, CVB, and Resort Association listed in the Colorado Tourism Board's "Information Source List" received a form on which they could submit their top five cvcnts for the May through October period (Colorado Springs and Denver were allowed to submit their lop seven cvcnts). Return deadline on the forms was mid-December. Colorado residents who did not receive a copy of the Events Guide at a King Soopers store or from Domino's Pizza arc urged to visit their local visitor center, Chamber, Resort Association, or Convention & Visitor Bureau, then use the Guide to sample the best of Colorado events and aclivilies this summer. ~9~~9~~ t~~ ~®~B°~ ~~~D~~B Guide Rcvic~+~ Underway .......:! '2:' Inquires Surge......' ......: ......:.... .2 CTBTc~ts>~Billho~irdti......?. .... "' .. J" Edilurial... ...... . ..3 Scenic B}'w Sys Ccinuni~sion .~ Top Events: Sought. ...:... ..4 Puw ~'~'ow FAMS.' ........:...........:... ..5 Springs CVII Honorrd ....:! ........'':.... .5 Touruund Colorado ... .5 Paulette Mpurc Hcinored ..: ........ .5 Planning Calendar:: " .. .6.>' Colorado Tourism Board ©1625 Broadway, Suite 1700 ®Denver, CO 80202 Colorado Tourism. Board Bulletin 2 June, 1989 DENVER -Shortly after publication of Colorado's first-ever Official Vacation Guide, planning for next year's edition is underway. A first step toward the 1990 edition of the Guide is a careful review of material included in the current edition. Following is a summary of the review process and deadlines: 1. All review will be: handled through Colorado's six official travel regions. 2. Each regional county representative will carefully review all editorial content pertaining to his or her individual county - Ihis material includes editorial, attractions, and events list- ings, as well as cutlines of all photos. 3. Each county representative will screen all material for the fol- lowing: - corrections for any incorrect material which may have been printed in the 1989 Guide (phone numbers, addresses, hours of operation, factual errors, etc.) - additions of any material which may not have been submit- ted or may have been overlooked in the 1989 Guide - deletions of any material which may have been cotrect for the 1989 Guide, but will not be correct for future editions Colorado 'T'ourism Board Bulletin The Colorado Tourism "I9oard Bulletin" is pub- lished monthly by the Colorado Tourism Board. Phone 303-591-5510. Address: 1625 Broadway, Suite 1700, Denver, CO, 80202. Colorado Tourism Board Board of Directors Food & Beverage ...........Paul McEncroe, Denver Accommodations ..............Chat Paterson, Denver Attractions ..................Ruth Stimack, Canon City Winter Sports .......................Martin Han, Denver Transponation ..................Dan Goodyear, Denver Colorado IIouse...Scott McInnis, Glenwood Springs Colorado Senate .....Tilmarr Bishop, Grand Junction Denver Otlice Staff Executive Director ........................Rich Meredith Media Relations Director ...............Deborah Milo Advertising Director ...................Mario Giordano Publications Manager .........................Jean Wolfe Research Manager ...........................Don Merrion Special Markets Manager .............Eileen Gordon Public Affairs Manager ...........Dennis Van Patter News Bureau Manager ................Holly Rouillard Operations Manager .....................Rani Untawale Executive Assistan[ .....................Kate Van Wyhe Staff Assistant .......................................Janet Coe Welcome Center Managers Trinidad 719-846-9512 ...............Kent Abernethy Burlington 719-346-5554 ..........Kendra Rhoades Fruits 303-858-9335 ......................Cindi Bcilfuss Cortez 303-565-4048 .........................Gena Tollis Tourism Boaird Bulletin Editor .......................................Dennis Van Patter Tourism Board Phone Numbers Consumer Calls ..............................303-592-5410 Business Office ..............................303-592-5510 Tourism Information ......................800-433-2656 (changes of location, closings, hours of operation, etc.) 4. Each county representative will submit written material on the above categories to a central collection point within the region. If possible, the regions will collate all changes/addi- tions/corrections into the categories of editorial copy, events listings, and attractions listings. 5. All regional material should be submitted to the Colorado Tourism Board by July 15, 1989. 6. Any individual comments received from tourism industry members by the Colorado Tourism Board will be forwarded to the appropriate region for inclusion in its regional submis- sion to the CTB in July. . For further clarification on this regional review process, please contact the following regional representatives: • Northeast -Richard Berrier, Yuma 303-332-3200 • Southeast -Phil Apodaca, Pueblo 719-545-8680 • North Central -Kent Zimmerman, Boulder 303-442-1044 • South Central -Dan Jones, Alamosa 719-589-7490 • Northwest -Susan Anderson, Fraser 303-726-8388 • Southwest -Dave Anderson, Montrose 303-249-2436 Tread C®nt~~ueS DENVER - In April, the Colorado Tourism Board fulfillment system got a major-league workout. A total of 112,685 inquiries were received in the month, the first time in CTB history that more than 100,000 inquiries had been received in a month, This total broke the old record, set in April of 1988, of 81,695. Just as impressive as the April totals is the fact that both calendar and fiscal year inquiry totizls show hefty increases in the 40% range, An example of the tremendous increases in consumer inquiries to the CTB is shown in the 1989 four-month totals of 231,394. 'T'his figure is nearly equal the 245,000 inquiries received in the entire year of 1987. Jean Wolfe, CTB Publications Manager, noted that the April, 1989, total of 112,685 was a runaway CTB record for inquiries in. one month, surpassing the old record of 81,695 in April, 1988. "Our April this year surpassed the old record by 38%," noted Wolfe. "Approximately half of that increase is attributable to in-st<1te inquiries .regarding the new Vacation Guide." Following is a statistical breakdown of April, calendar, and fiscal year inquiry totals: Inc~u~rieS Surge April, 1989 Total inquiries - 112,685 (vs. 81,695 in 1988) +38°~0 April inquiries included the following: 6% (7,358) via coupon or other mail 46% (51,753) via 800# 48% (53,574) via reader service In April, 70% (78,512) of the inquiries were advertising-generated (11% increase over 1988), while 30% (34,173) were from other sources (204% increase over 1988). 1988/89 Fiscal Year During the first ten months of the fiscal year, total inquiries to the Colorado Tourism Board were running a hefty 45% ahead of the same period one year before (342,217 vs. 236,508). Advertising-gen- erated responses were 23% ahead of the year before (212,440 vs. 172,902) and other responses surged ahead by 104% (129,777 vs. 63,606). 1989 Calendar Year During the first four months of 1989, inquiries to the CTB were running 43% ahead of the same pace the year before (231,394 vs. 161,526). The statistical breakdown shows the advertising-gener- ated responses were up by 10% (138,208 vs. 124,766), while other inquiries had increased by 153% (93,186 vs. 36,760). a , June, 1989 3 Colorado Tourism Board Bulletin U ~~ ~~~~~~lVl~' ~l~J~~~ m ~ l~ L~ Q~~ ~~ 1~ ~~tS~~~C4' Regent efforts to pull together specific Colorado information auempte~i m such a publication, for vacation,'plamm~g purposes got''a majcir boost with the com- Not everything in .Colorado. made it into ttic book `- that was pletion of the Colorado Tourism Board's Official Vacation `'not the objective, nor was it possibic. 'But Caughcy and Guide. ~' ' ' Wtnstanley have certainly hit the .highlights with uncanny Now, another major step 'forward has emerged with publica- " 'accuracy. If you have a favorite hideaway,, spot _or a secfet tion;,of The Colorado Guide - Landscapes, Cityscapes, , pta~°ground, chances'' are .these two Colorado slcaths ha~~c Escapes" by Bruce Caughey and>Dcan 1~~u~stanley, amajor 'foundit. 614-page work which was one and one-half years in Ihe'plan- The zesuIt is' a user=:friendly', geographically-organized book ning;and preparation. ' ' Utilizing Colorado`s six :travel regions, it lays out a huge ~~ ~ ~ ~ ' which no serious Colorado tourist, resident or non-resident, shouldlbe without. You can use the Guide to';.plan a lifetime'~f ~~~ ~ ~'~~ ' >speciaC'advenfures in'Colorado, from the plains in .the cast'to ~~ ®~~,~ ~~~~~$~~ ~~9$®~,~~~ the mountains;. and canyons in the «~esC Where before you ..might have n~;eded four or five publications io ~ssistyou, nom ;,: ~~sampling of'tfie vast spectrum of what to see and do, where to `you can carry. along ;'The Colorado Guide:':' with the conCi- ~~ Bence 'that it «~ill provide inclusive and accurate information stay and eat,>in the Centennial State. >~aboutColorado. Those who have suspected that Coloradp has anoverw~helm "The Colorado Guide" is' a perfect complement to the ing inventor}' of tourism product and infrastructure will have '"Official ~i>cafion Guide" in;plannipg your, pecialGolora(lo their ideas confirmed by ",The Colorado;.Guida". The;bvok 'getauTay. delves into an amazing amount of detail regarding history, ' ~ '' "The C'ol~irado (;aide -Landscape Cityscapes, ~ geography, attractions, trails, accommodations, and restaurants ',~ stapes" by Bruce Caughey: and Dean ~1'instanlev sells for - probably far more inclusiveness' than has ever "before heen $1-b.9~and is a~~ailable atmostbookstoresin ('olorado. ' ~~~~[J I~ ~~ ~~~~ ~~1~~~ i~'J° ~~O~~l~~l KANSAS CITY, MO -Three Colorado tourism billboards will be tested here Mario Giordano, Colorado Tourism Board Director of Advertising, explains along major travel corridors, including one location in rouse to Kansas City from May 19 to August 20, the fast time the Colorado Tourism Board has entered that these billboard scenes are designed to heighten awareness and, through their International Airport. The CTB response system is set so that calls to the toll-free the outdoor advertising arena since the prominent toll-free phone numbers, bring phone numbers as a result of the bill- winter of 1984/85. The billboard scenes, which will be in inquiries and responses. The mountain scenic shot is aimed at the outdoor mar- boards can be tabulated and tracked. Previous CTB billboard efforts came for rotated after two months, are: " ket, with both the dinosaur and train the winter season of 84/85 in the Los Throw Momma On the Train" -depict- scenes designed to stir a response among Angeles and Atlanta markets Giordano ing the Durango & Silverton Narrow Colorado's huge touring market. . explained that the objective of those bill- Gauge Railroad in a scenic canyon set- Why billboards? Giordano says there boards was to generate awareness only; ling. "Just a Reminder that the World Isn't " are two major reasons. -"Billboard fea- lures much better graphics now than no response mechanism was presented. Each of the billboards is 14' high and Flat - depicting a scenic forest/mountain before," he said. "Tests have shown that 48' wide and will be illuminated setting. "Try Our Place for Ribs" - depicting a billboards work well for direct response and for image awareness." . Production fees for the three billboards totaled $12,000 and placement for the six dinosaur skeleton. The Kansas City billboards are located locations totaled $30,000. f T - - ~_ ~ ~ •i 'I~ - Iii ~~t~~titt' ~~ il'~ _ _- _ q,~ - 3 i~f-~ -~ _ r., 11 i f BIZ _ __ S# r- j ' ~c'+ r[ ~ ~ r ~- ~ ~ ,~ ~ ; ~ 1 x _ - ~ . _ i ~~ ``~ ~ %Lt `~ ~ ~~YF; ~ ~ ~f ~~- - /~ ~i ~. ~ y . ~ i .j Y ~ 4 ~ I t ti n ~~ ~. '-r" '"` C.. f ~ , iI t~'~ - ~ F,' - ~ ^1 ` t p ' '~ 4~ ~ ~ r i ~, ; ..n - ~ I f ~~~r'yy'<~ tea ~~~C ; '-J 1 ~ _ y ,,~ ~ ,_ ~ a ~ s > :, - ~ _ ,~:~,~~~ '~{ ~p '' i '~ i, ~-a Y r ~~ ~ ~ - ~_ .F'~, Colorado Tourism Board Bulletin 4 June, 1989 -~~ ~ ~ ~~~ DENVER -Growing interest in pro- moting Colorado travel routes has result- ed in creation of the Colorado Scenic and Historic Byways Commission. The organization, formed by Executive Order from Governor Romer, will consist of not less than nine and not more than 15 members. The objective of the Commission is to guide development of a network of Colorado roadways which have exceptional ecological, cultural, scenic, and historic attrilbutes, and to sup- port promotional activities associated with byways which have been designat- ed. The Commission will: 1. Develop and recommend criteria for designating scenic and historic byways to the Colorado Department of Highways for approval; 2. Evaluate nominations for and recom- mend designation of scenic and historic byways to the Colorado Department of Highways l~or its approval; 3. Coordinate the State's involvement with the Forest Service Scenic Byways Program, including the promotion of state and local government priorities for designation as a Forest Service Scenic Byway; and 4. Develop funding sources and support promotional and interpretive programs for designated scenic and historic byways. C®I®rad® ~~~ks Top Evens N®~ina~~®ns DENVER -The Colorado Tourism Board is seeking nominations from the Colorado tourism industry .for the top events in Colorado in 1990 for submis- sion to the American :Bus Association's Top 100 Events in North America Program. Now in its eighth year, the Top 100 Events program is an important planning tool for motorcoach tour and charter operators throughout the U.S. and Canada. Entries will be limited to a maximum of seven from each state and Canadian province, and may be submitted for Colorado only by the Colorado Tourism Board. If you wish to submit an event for con- sideration for submission to the ABA program, you must do so by a deadline of June 22. In submitting a nomination, you must provide the following informa- tion/material: 1. Name of Event 2. Location of Event 3. Inclusive Dates in 1!90 4. Event logo (if available) 5. Three horizontal color slides or black & white photos of the event 6. Brief paragraph describing the event 7. Event contact name, organization, address, phone number 8. Answers to the following questions: a) Is the event national; regional, or local in nature? b) What is the approximate/expected attendance? c) Is the event open to the general pub- lic or is attendance restricted? d) Approximate cost of admission. Please be advised that slides/pho- tographs and logos submitted to the ABA will not be returned. Submit all information materials in one package to: Colorado Tourism Board ATT: Top 1-00 Events Program 1625 Broadway, Suite 1700 Denver, CO 80202 9ndustries/business Tour Info tVeeded Assistance from Colorado has been requested by a Santa Monica, CA, firm which is compiling a directory of the foremost industrial and other business lotus in the United States and Canada. Write Away, Inc., will distribute its directory to travel agents, meeting and convention planners, and others who are instrumental in directing group tourism to such tours. Any Colorado Chamber, CVB, Resort Association, or private individual/group is invited to submit information about existing industrial business tours to Write Away, which will then contact all compa- nies submitted in order to obtain more detailed information. Send industrial/business tour informa- tion to: Write Away, Inc. 3208 Colorado Ave., #3 Santa Monica, CA 90404 213-828-5887 Contact: Marvin Pell, Vice President. ~ ~~~~ It is anticipated that the state Commission will be a central point and clearinghouse for scenic byways/travel routes activities in Colorado. Both the United States Forest Service and the U.S. Bureau of Land Management have initiat- ed scenic byways programs for routes traveling through National Forests and across BLM land. To date, the U.S.F.S. has designated one route, the San Juan Skyway in Southwestern Colorado (con- necting Durango, Silverton, Ouray, Telluride, and Cortez). The BLM process of studying appropriate routes for its pro- gram, which emphasizes backroads, is currently underway. Other routes which are expected to be vying for early designation as special travel corridors include the Peak to Peak Highway (Central City to Estes Park) and the Scenic Highway of Legends (State 12 from Trinidad to Walsenburg). Appointed as ex-officio members of the Commission were the Executive Directors of the Department of Highways (Ray Chamberlain), Local Affairs (Tim Schultz), and Natural Resources (Hamlet J. Barry, III). The Executive Order also stipulated that the Commission shall have members from the Colorado Historical Society, the Colorado Highway Commission, and the Colorado Tourism Board. Scott McInnis, Colorado State Representative and a Colorado Tourism Board member from Glenwood Springs, was appointed to the Commission. Those appointed to the Commission for terms expiring March 29, 1991, were: • Flodie Anderson of Golden, CO • Hamlet J. Barry, III, of Denver, CO (ex-officio) • Eddie Box of Ignacio, CO • Gary E. Cargill of Denver, CO • Ray Chamberlain of Denver, CO (ex- officio) • David Clyne of Nederland, CO • William R. Cordova of Trinidad, CO • Rebecca Frank of Grand Junction, CO • Grant E. Houston of Lake City, CO • Honorable Scott McInnis of Glenwood Springs, CO • Bruce M. Rockwell of Denver, CO • Honorable Dorothy Rupert of Boulder, CO • Tim Schultz of Denver, CO (ex-officio) • Darlene B. Scott of Burlington, CO • Paul Stewart of Denver, CO tl June, 1989 5 Colorado Tourism Board Bulletin ~~~~~~~~ ~~~~~ ~~~ ~~~ ~~~ I~~~ DENVER -Colorado was one of just five states selected to host familiarization tours which were held after this year's TIA Discover America Pow Wow International Trade Show in Las Vegas. Details of the trips were finalized some time ago, and then good news has arrived - both tours in Colorado were filled to capacity with tour operators and travel agents from all across the world. Countries represented on the FAM tours are: , Denmark Canada Guatemala Israel Switzerland Netherlands Japan Saudi Arabia West Germany Egypt Sweden Austria Australia Norway France New Zealand ~o~~~~~Io ~~~a~~~ ~~9C3 ~~~~~°~~ COLORADO SPRINGS -Meetings & Conventions Magazine has named the Colorado Springs Convention & Visitors Bureau the best meeting servicing agency in the country for cities with less than 7,000 first-class hotel rooms. The Gold Service Award was presented in a ceremony at Pikes Peak Center by Russell Selover, director of advertising for the leading trade publication. Meetings & Conventions asked meet- ings planners across the country to submit ~~~~®~1Q~~ ~~~~~~~~ DENVER -Thirty Colorado tourism entities/organizations were on hand here June 1 & 2 as 1989 Touround Colorado provided an opportunity to access the lucrative Front Range market of Colorado. The thirty booths of Touround were located at Prudential Plaza on the Sixteenth St. Mall, right along the route of tens of thousands of noon-hour strolling business people from the highrise build- ings of the area. Sponsored by the Colorado Tourism Board, and organized by Chase & their choices as top CVB's in the country. Grand Rapids, MI and Palm Springs, CA were also named in the under 7,000 rooms category. Criteria used to rate the CVB'S were: Giving essential destination information Helping promote a meeting or conven- tion Helping select suppliers Providing necessary services Professional overall operation lf~~®~l5 ~~1[~~J~ ~~Q~I~~It Dowling, Inc., Touround allowed acost- effective way for tourism entities in Colorado to present themselves to people from all over the northern Front Range, just in time for vacation planning for 1989. Touround featured music by the Boogie Man, a media pictionary game designed to generate media awareness of the event, and a live broadcast by KOA Newsradio 85. Touround was open from llam to 3pm each day. Participants expressed satisfac- tion at the numbers of people they were able to contact during the two-day event. PUEBLO -Paulette Moore, longtime friend of the Colorado tourism industry in Colorado, was honored by the University of Southern Colorado Alumni Association here on May 12 for her service to the community. In presenting the award, the USC Alumni Association cited an extensive list of community, area, regional, and state involvements. Included were these relat- ing to tourism: Co-founder of the 19-county Southern Colorado Tourism Council, one of Colorado's earliest and most successful regional tourism organizations (it was a model for establishment of the current ~~ ~J~~ Colorado Travel Regional program) Two-term President of the Southern Colorado Tourism Council Longtime director of the Pueblo Convention & Visitors Council Establisher of the Pueblo Caboose tourist welcome facility at I-25 and U.S. 50 in North Pueblo Service on the Colorado Tourism Advisory Council Service on the Southeast Colorado Travel Region Board of Directors repre- senting the Pueblo Urban Enterprise Zone Moore is currently Promotions Director for the Pueblo Chieftain Newspaper. Korea Sri Lanka United Kingdom Ireland The two Colorado tours were set according to TIA guidelines and were based around Colorado's National Parks. Hosting the Southern FAM tour was Gcna Tollis, Colorado Welcome Center Manager at Cortez. Hosting the Northern FAM were Rani Untawale, Colorado Tourism Board Operations Manager, and Cindi Beilfuss, Colorado Welcome Center Manager at Fruita. Idaho, Wyoming, and Utah were each given one tour. Host Nevada was award- ed three tours this year. Following are the itineraries of each of the Pow Wow FAM Tours: Northern FAM June 8-11. The itinerary for Junc 8 included arrival in Denver, museum lours, and shopping. On Junc 9, the tour moved to Estes Park and a Rocky Mt. National Park Tour. June 10 began with horseback riding, followed by travel to Colorado Springs and dinner at Flying W Ranch. The itinerary concluded with shopping at Old Colorado City and dcparturc from Colorado Springs on Junc t 1. Southern FAM June 8-11. The itinerary began with arrival in Denver, then travel by air to Durango for recreational activities at Tamarron Resort. June 9 included a rick on the Durango &Silvcrton Narrow Gauge Railroad, a tour of Silvcrton, and an overnight stay at Vallecito Reservoir near Durango. June 10 was taken in a visit to Trimble Hot Springs, then a tour of Mesa Verde National Park. The overnight was in Durango, with dcparturc for Denver from La Plata County Airport and the trip home. li~e~nrsletter Seeks Senior Info "The Mature Traveler" newsletter is seeking information on special discounts and special activities available to senior citizens ages 49 and above. "Mature Travclcr" has a nationwide dis- tribution and would be happy to include such items from Colorado, thereby giving Colorado publicity as a state which wel- comes seniors. Send any brochure or information about your senior citizen discounts/packages/ attractions to "The Mature Travclcr"Box 50820, Reno, NV 89513. They will sup- ply acopy of any newsletter which con- tains information from Colorado. V ' ~ ~ Colorado Tourism Board Bulletin ~ June, 1989 ® ~~~~~ ~~~~~~~~ ~~~~t~6.ll~~ June October 23 .South (~entral Travel Regionme~ting, Crccde 6-8' Ccilorado Campground di Cabin Resort >~ Rcpcrtc~ry Theatre Association FallConvcntion in Dut~mgo 29 ' Colora'do Tourism Board Meetigg, 9 am 24th I1 - Southeast TravcLRegion'mecting, Prow°ers County - Floor E'onference Rpom of Bank Western Tower, 13 ' Southwest Travcl`Region'mecting atTo~~aoc -77th &''Broadway, Denver November July 8 SouthcasbTravcl Rcbion mccting, Baca County 9-72 '' TIA Educational Serriinar for'Stvte Tra~~e] IQ ' Southwest Travcl'Regionmcetin~ at Ignacio OICic talc at Sun Valley Idaho'. December 12 ' Southeast Travel Region meeting, Bent ~uuntY g Southwest TraveE~Region meeting at Crested I3ut1~ i ~ t4 Southwest Travel Region meettng at Pagosn Springs I3 ' Southc~ISNTravelRegionmeetin~, Puehlq Coun1}~ 17 >~ 5outh C'cntral Travel Regionmeeting,at Ft. Garland January, 1990 August 7~ ', Southeast Travel Region mcclin~=, Otero County 9 Southeast Travel Region meeting, I-Iucrfano County i ] 1 Southwest Travel Rcgio^ meeting at_Gunnison April, 1990 ', ', 21 ' South C:cntral Travel Region mccun~ at Antomto 10-1] Colorado Tourism Conference in Dcnvcr ' (Cumbres & Toltec Scenic R~ilmad),, 1Vote - Tourism>Board>~and Advisor}Council mceiing September times, dates, and l~>caUOns arc suhjcct to chan~c. Cons;ull ~~ " ' ° the Boacd;Bullctin Plannin~Calc;ndarfor current '8 SouthwcstTravclRcgionmu;tingatDclta information. Thu'113oard~ullctin''ispublishcdcachmuuh <13 Southc~ist Travel Region meeting, Las animas;.:: following the Tuurisin:Board lTleelin~. ~®L®RAD® Colorado Tourism Board 1625 Broadway. Suite 1700, Denver, CO 80202 .:.v ..i vv~~::. ~ .... i~ _ _-~- iti i Colorado Tourism hoard bulletin BULK RATE U.S. Postage PAID Permit No. 1163 Denver, CO 1990 BUDGET CALENDAR ACTTVTTV Resident Survey Service Level Analysis sent to Departments for input CIP Packets to Department Directors Service Level Analysis to Council Service Level Analysis Returned by Council Results of Service Level Analysis to Council - Council Policy Input Staff CIP Prioritization I Staff CIP Prioritization II Budget Packets to Departments Council Discussion and Prioritization of Capital Projects Departmental Request Budgets Completed Corrected Departmental Request Budgets and Revenue Budgets Completed Department Budget Meetings with Ron and Steve Manager°s Budget Completed Compilation of Council Budget Packets Council Budget Workshops First Reading of Budget Ordinance Second Reading of Budget Ordinance DATE May June 1 June 9 June 13 June 27 July 11 July 14 July 21 July 24 August 1 August 18 August 25 August 28-Sept. 6 Sept. 8 Sept. 11 - Sept. 15 Sept. 19 - Oct. 10 October 17 November 7 06-01-89 Heritage Cablevision Fact Sheet May 1989 Total Individually Billed Residential Subscribers 4,080 (51.7%) Total Bulk Billed Dwelling Units 2,081 (26.4%) Total Accommodation Units 1,723 21.9% Total Basic Subscriber Units 7,884 (100%) Basic Residential Rate $20.95 Bulk Dwelling Account Rates 456 Units at $16.51/month 459 Units at 16.01/month 95 Units at 15.85/month 267 Units at 15.68/month 724 Units at 14.86/month 80 Units at 10.76/month Average Price $15.46 Bulk Accommodation Ac 149 Units at 497 Units at 319 Units at 307 Units at 451 Units at Average Price count Rates 10.86/month 10.34/month 10.20/month 10.16/month 9.70/month $10.16 Franchise Fee = Heritage Net $1.05 = $19.90 .93 = 15.68 .80 = 15.21 .80 = 15.05 .79 = 14.89 .75 = 14.11 .54 = 10.22 .78 = 14.68 .55 - 10.31 .52 = 9.82 .51 = 9.69 .51 = 9.65 .49 = 9.21 .51 = 9.65 Average Basic Revenue Per Month !• all Subscribers $17.14 .86 = 16.28 Average Total Revenue Per Month all Subscribers 21.75 1.10 = 20.65 CABLE TV OPERATOR REVENUE RANKINGS (as of December 31, 1988) ------Rank ----- Rev/ Rev/ Aas1c Aa sic Expanded !'ay !loans "--'-----Avg. Ra[es-- ------- ----Revenue---- Sub RP Subs Comnanu Subs basic 1/nits Passed Dasic Exp, Ad5J1. Pau Nlse Per !7P Par Sub (ooo] (0007 (ooo) (0001 1 1 46 Media General 172.9 161.7 220.2 261.7 $ 5.95 $10,00 f9.45 $7.61 $22.57 $74 95 2 5 12 Cablevislon Sys. 1,120.7 -- 2,]]7,5 1,91A.8 15.60 -- 8 20 2 00 20 25 . 74 61 J 4 14 70 Coaxial 94.A 42.8 86.3 IAfl.B 18.85 6.50 . 8.71 . 5.28 . I7. J9 . J4.6J 5 4 100 82 C-THC 55.0 -- 77.2 Afi./. 14.95 -- 9.95 ].7R 20.A1 72.70 72 Group b 92.7 -- 14].2 779.0 12.80 -- A SA 6 56 7 96 67 72 6 94 78 Rarden 59.0 -- 148.0 165.5 12.14 -- . 8.04 . -- . 11 52 . 70 32 7 85 36 Maclean Ilunter 297.2 -- ]49.9 114.7 14.04 -- 11.15 2 52 . 56 12 . 70 6] 8 82 42 Ilauser Comm, 226.0 -- 250.0 SJ9.0 16.42 -- 10.55 . 7.06 . 17 06 . 70 51 9 J9 54 NEXA Gable Inc. 147.6 -- 96.5 276.8 IA,95 -- 11.25 49 ] . 15 56 . 00 70 10 18 48 Sutton Capital 163.3 15.7 185.2 282.1 14.87 4.65 9.74 . 86 2 . IG 92 . 29 22 I1 9 2J TeleCable Corp. 571.5 4fi0.9 590.A 879.2 10.17 8.16 9.00 . 2.83 . 18 78 . 28 88 12 8 91 Rock Associates 47.2 13.6 27.9 11.0 11.00 4.00 12.00 4.27 . 18 95 . 28 50 IJ 20 JS Colony Comm. )OA.O 44.1 274.1 52h.0 14.20 4.19 10. J1 4.40 . 70 16 . 41 28 14 42 3 Continental 2,]66.0 150.0 2,611.0 4,]75.0 14.26 5.75 8.40 4,78 . I5 51 . 28 75 17 12 Ib Cablevislon ind. 902.6 106.1 fi61.I 1,441.9 15.54 4.00 10.45 4.42 . 71 17 . 28 29 IS 47 41 Cencom Cable 277.1 66.7 18/i,3 435.8 IB.B2 2.41 9.79 1.35 . I5. J4 . 28 12 16 10 37 TKR Cable 26A.4 -- ]17.5 419.7 14.28 -- 10.58 1.45 11 96 . 28 09 IB 58 47 Colrunbla 168.5 -- 162.0 318.6 16.05 -- 8.12 ). 79 . F4 62 . 17 27 19 62 S Warner Cable 1,52A.9 -- 1,7]9.7 2,880.6 16.78 -- 10.67 1.66 . 14 52 . 27 75 20 70 52 11.5 Cable Corp. 15].0 -- 1]9.0 297.0 15.04 -- 10. 7G 2.49 . 14 25 . 27 29 21 51 3l MuIU media 320,2 -- 279.2 586.0 15.17 -- 9.06 4.40 . 15.01 . 27 25 22 IS 44 Grea[er Media IA5.0 -- 191.6 292.0 17'.83 -- 9.05 -- 17 27 . 27 20 2J 71 25 Rogers Cable 540.7 529.7 570.7 1,101.1 14,50 1.02 10.40 1.46 . 74 17 . 27 18 24 74 30 Prime Cable ]98.1 -- ]96.4 869.0 14.74 -- 10.76 5.01 . IJ.71 . 27 17 25 7 97 Schurz ]9.0 -- 75.5 55.2 14.00 -- 9.00 4.79 19 06 . 27 00 26 J7 6 Cox Cable 1,495.0 -- 1,283.1 2,570.6 14.97 -- 9.46 ].85 . 15.64 . 90 26 27 16 S7 Summit Comm. 1]6.2 107.0 100.6 214.0 15.81 ].15 10.5) 1.00 17 16 . 26 87 28 11 IJ Jones Intercable 1,107,1 210.0 81].2 1,677.9 14.78 4.67 9.J) 4.28 . 17 72 . 26 80 29 71 14 Ilerttage Comm. 1,091.) 47.5 A18.5 2,06].5 15.87 ].95 10.05 7.08 . 14 09 . 26 65 70 56 26 Scripps 1lovard 520.0 -- 418.6 940.0 16.91 -- R.AS 2.47 . 14.67 . 26 52 JI J2 81 Prestige SG.B -- ]1.2 94.1 16.95 -- 12.00 2.95 15.99 . 26 50 ]2 57 7 C,omcast Cable 1,451.2 IZ3.1 1,271.4 2,6(17.2 15.41 4.52 10.74 0.97 14.fifi . 26.7] JJ 81 6J Sonic Cable TV 117.7 -- 10].0 274.2 IA.4A -- 7.68 1.10 IJ.22 24.]0 74 44 40 Simmons Comm. 245.2 11.3 I71.G 419.5 15.66 5.60 9.45 7.75 IS.Jfi 26 2A )S 46 IS Times Mirror 997.0 71.5 702.7 1.695.0 14.20 3.46 11.24 7.88 15.76 . 26.10 ]b 6 78 Western Comm. 263 J 12.8 157.9 752.0 15.10 4,00 9.Ofi 5.48 19.50 26.07 ]7 JO 27 MultlVlslon 481.0 39.5 772.0 802.0 16.02 3.98 10.02 2.65 16.04 26.04 J8 68 95 Cable 1loldings' 41.6 -- 72.0 75.6 17.29 -- 1.90 2.40 14.29 25.96 79 75 4 Storer Comm. 1,514.1 IR9.A 1,250.9 2,572.1 16.60 4.80 9.45 1.37 15.67 25.70 40 89 S1 Insight Comm. 154.] 85.0 110.9 ]21.9 13.75 4.47 9.90 2.19 12.2.7 25.67 41 26 18 Century Comm. 790.6 -- 553.4 1,244.9 14.14 -- 11.69 7.18 16.20 25.50 42 54 2 ATC (Time Inc.) 4,040.0 A)2.0 ],1]0.0 G,A89.0 12.86 6.21 10.69 2.98 14.90 25.40 47 Jb 8 United Artists 1,721.0 142,7 1,126,] 2,132,1 15.04 5.4A 9.76 1.30 15.65 25.25 44 3A 39 Star Cablevislon 254.1 0.4 12A.A 408.9 15.A6 12.55 9.67 4.40 15.64 25.16 45 80 AO Ilearst Cable 57.] -- 40.9 I(IA.4 15.8] -- 10.26 1.90 11.24 '25.06 46 19 19 Post-Nevsveek 401.7 106.7 277.5 594.4 16.00 5.00 7.50 2.51 16.90 25.00 47 69 I TCI 4,]A2.0 -- 7,4]7.7 7,A25.0 IS. JS -- 9.95 2. ]0 14.26 25.00 4A 45 49 NYT Cable Ifi2.6 -- 152.9 263.1 17.25 -- II.GO 0.49 I5. 76 24.85• 49 49 10 Viacom 1,157.0 -- A29.(1 1•flR0.0 15.48 -- 10.40 I.fl4 15.21 24.80 50 I7 62 Rooth American - 119.2 -- 74.fi 167.4 .14.75 -- 10.17 7.59 17.57 24.70 51 65 9 IInILed Cable 'fV 1,286.3 -- 969.7 2,274.7 14. A(7 - 111.00 2. 7A 14.46 24.65 52 bl 17 Selkirk fomm. TG.S -- 52.2 128.0 I7.AI1 - 7.A9 5.15 14.54 24.77 "~~ 19A~ f.AAI•E TV INVF.STDR. Estimates n( Paul Kayan Assocratr.s, Inc., Car mr.l, CA. (coulinaed on next page) n ~~+ My C zH C ti ~-i b a ti In ti b OJ b w O O CABLE TV OPERATOR REVENUE RANKINGS (continued from P. 3) ------RanA ---- - Rev/ Rev/ 8asl c ------ ---Avcr. Aates--------- - ----Rev enue---- Sub HP Subs Comna nu Basic Expanded Pay Homes Errp• Per Per Subs Hasic Units 1'a csed Basic Basic Pa Misc. NP Sub loon) (ooaJ (pool foooJ 57 54 92 75 66 56 Ilnlte•1 Video Mgmt. Triax Comm 101.1 29.1 84,0 151.11 $ 6.50 $5.19 $ A.74 $2.56 $11.97 $24.)2 6] 7] 21 . Falcon Cable TV 140.7 -- 76.6 248.0 16.68 -- 9.92 2.11 17.69 24.20 55 59 79 Jones Spacellnk 625.9 116.7 ]Ab.] 945.4 14,00 5.(10 11.42 2.17 15.96 24.11 56 71 II Newhouse SH.9 O,A 72.6 95.2 14.]7 4.f10 9.27 4.00 14,57 24.05 51 25 19 Adelplrla Comm 1,172.7 11.7 I,f1H0.(1 1,691.6 1"1.94 4,1111 A,58 2.80 16.01 24.00 58 17 65 . Susquechanna Cable 718.1 194.9 571.'1 1,051.1 12.00 4. 'S 9. J6 7.62 16.70 27.84 59 2 45 Marron Comm 112.4 42.6 77.7 IS7.7 12.17 4.117 10.11 2.A6 16.9H 2].82 60 90 89 . Nev England Cable 171.8 -- IS9.0 250.7 14.50 -- 9.95 8.25 22.45 27.69 61 48 55 King VI.leocable 49.1 -- 67.5 14.68 -- 9.15 2.07 12.18 27,57 62 84 ]1 Lenfest Comm 141.2 -- 88.4 216.5 16.45 -- 10.00 O.1J 15.29 27.46 64 88 96 . Acton ]54.7 75.6 ]65.2 621.A 12.49 1.(19 9.17 0.54 12.91 2].25 65 22 1i Cardinal Comm 40.7 -- 42 J 74,8 10.40 -- 10.50 1.58 12.]9 27.00 66 66 20 . Cooke Gable 59.2 -- 71,7 AI.A 12.9] -- 8.95 5.08 16.50 22.80 61 78 22 Centel Comm 714.6 -- 325.5 1,119.1 15.20 -- 10.1] 2.75 14.41 "12.56 6A J4 24 . IdestNarc 517.9 -- ]94.5 914.6 15.17 -- 9.02 1.12 13.]1 22.45 69 97 86 falaxy 541.8 71.4 ]06.6 177.4 14,95 6.50 9.95 1.15 15.95 22.4] 10 28 67 Pirst Carolinfa 51.7 -- 29.5 117.7 17.78 -- 9.81 2.92 9.8] 22.70 71 64 76 Chambers Cable 9A.7 -- 49.6 I]].9 14.48 - 9.14 2.82 16.14 21.89 72 3 2A Tele-Medla 60.9 -- 24.7 91.7 14.77 -- 17.09 2.20 14,47 21.79 77 S5 17 Sammons (;omm 460.2 -- 27].9 44A.9 17.91 -- 8.A1 7.26 22.21 21.67 14 60 9G . (',able South 852.6 92.0 647.4 1,246.2 11.27 4,112 A.74 J. 25 14.74 21.55 15 91 75 Douglas Comm 42.0 -- 22.0 61.9 15,77 -- 8.80 1.46 14.55 21.44 76 SJ 87 . Helicon forp• 64.7 -- 74.5 IIJ.S 14.10 ~-- 10.00 1.90 12.16 21.77 17 67 100 1larman Cable 50.0 -- 14.0 71.4 16.99 -- 9.00 1.18 14.91 21.29 82 52 8S Rackov 6 Elkin 70.0 6.6 15.7 44.0 12.48 7. ;'S 9.85 2.78 14.48 21.24 78 9] 61 Northland Comm 51.8 2.8 19.9 72.7 IS. 7A 5.'i4 9.(14 1.16 14.98 20.91 19 7J 99 . Rayst ay C,o 122.7 -- 51.2 216.0 14.50 -- 8.90 2.42 11.69 20.11 80 40 SO . . Palmer Comm 71.6 1.5 IZ.7 46,7 14.00 -- 9.95 2.70 14.01 20.70 BI 21 64 , McDonald Group 154.6 11 -- 69.2 205.0 17.91 -- 10.76 1.88 15.57 20.60 8] SO 69 Mldcontlnent 4.9 -- 72.4 142.1 12.72 -- 10.27 1.80 16.65 20.59 84 29 ]2 TCA Cable 95.2 -- 42.1 128.7 15.50 -- 10.00 O.SJ 15.17 20.45 85 87 74 Rlfkln b Assoc ]4A./• 146.1 150.9 441.2 12.50 4.95 8.A1 1.95 16.06 20.75 86 79 8] . Slate Cable TV 716.6 71.9 177,1 510.9 12.28 4.98 10.11 1.91 12.55 20.25 87 76 71 1(ehco Video 54.4 15.2 20.8 A2.5 12.98 4.71 8.64 2.57 17.27 20.00 88 41 53 Armstrong 92.4 70.8 51.6 175.0 10.95 ].110 9.70 2.4) IJ.SS 19.91 89 8J 98 Fairhanks Comm 150.9 -- 91.9 197.2 II.60 8.91 2.49 15.52 19.89 90 67 90 . Donrey Media 75.6 2.5 18.0 57.7 14.25 ]. SO 10.06 -- 12.98 19.58 91 9S 59 Rlade Comm 47,] " -- 20.5 6].5 12.82 -- 9.96 2.08• 14.71 19.22 92 47 A4 - Joseph Cans Cabl 1 1).0 -- 6A.0 224.9 12.20 -- 9. ]4 1.86 11.14 18.84 97 96 47 e Service Electri 51.7 7.7 22.6 64.6 12.50 ].00 9.00 2.08 15.44 18.57 94 27 92 c Leonard 210.1 -- 75.7 :162.9 12.AA -- IO.A2 1.52 10.59 18.27 94 98 97 fable America 65.7 5.9 IR.H ' 50,A 1].46 4.54 9. 7A 16.15 18.11 95 24 68 Pencor Services 42.4 ' -- 1 2.5 R4.0 10.90 -- 8.45 0.59 9.07 17.96 96 99 H8 Tv1n fountY 1H./. -- 47.7 107.9 11.60 -- 10.00 1.50 16.]7 17.95 9R 27 74 lames 49.7 9.4 15.2 11111.0 12.5(1 5.110 9.79 1.45 8.8] 11.77 99 Hb SR , Cable Systems I1SA 64.H -- 24.7 69.5 I]. H4 ' -- 10.02 -- 16.41 17.60 100 72 60 Bresnan Comm 174.(1 H. 4 50.9 ' IH6.2 ' 1 1.19 ].'i5 H.11 0.72 12.55 17.44 . 121.5 -- 4 1.7 IH I.H 15.05 -- 9. 4R 1.95 14.07 17.79 19HH Totals/Averayes: 44,1129.H 4, 4'11,H 16,19'1-'/ '4,457.11 j14.'11 $1,14 j9.70 j2. 14 j15.17 $25 65 . 19 87 Totals/Averayes: '19,629.4 6,741.1 '11,62H.(1 69,641.0 $17.1A $5.14 $9.66 $1.72 j14.0] . , $24.66 87 -88 Percent Change: 6.92 -11.12 0,42 107.82 B.IZ 4.OZ ©"' !)B) !;ABLE,' TV INVEI:TOR. to f.rm a f.ra n( I'.r u! A'.rgan ASSOCIdtf!S, Inc„ !'a rmr.l, CA. y~ C 1-( M H b 3C o, ~• •o 00 ~o b a O t+, O CABLE T'V INVESTOR/May 15, 1989/P. 8 of 10 TOP 100 CABLE Rank Com~aru SYSTEM OPERATORS AS Basic Expanded Subs Basic OF MARCH 31, 1989 Basic Pay Pay Homes $ to $ to Units Passed XP Basic Pay ~ to HP (000) (000) (000) (000) 1. Tele-Communications (1, e) 4,418.4 -- 3,472.9 7,876.0 56.12 78.6X 44 1; 2. ATC (Time Inc.) (2) 4,105.0 716.0 3,135.0 6,974.0 58.9 76.4 . 45 0 3. Continental 2,426.0 160.0 2,665.0 4,385.0 55.3 109.9 . 60 8 4. Comcast (4) 2,250.9 174.7 1,869.5 3,805.7 59.1 83.1 . 49 1 5. Hamer 1,563.0 -- 1,381.1 2,945.8 53.1 88.4 . 46 9 6. Storer (3) 1,525.4 198.5 1,242.6 2,593.4 58.8 81.5 . 47 9 7. Cox 1,507.8 •- 1,282.0 2,591.2 58.2 85.0 . 49 5 8. Cablevision Systems (6) 1,354.9 -- 2,582.0 2,296.8 59.0 190.6 . 112 4 9. United Artists* (5) 1,332.6 -- 1,247.1 2,157.7 61.8 93.6 . 57 8 10. United* (5) ~ 1,320.8 -- 1,008.8 2,274.3 58.1 76.4 . 44 4 11. Jones Spacelink 1,184.0 209.3 861.7 1,768.2 67.0 72.8 . 48 7 12. Jones Intercable 1,122.4 209.3 827.8 1,672.8 67.1 73.8 . 49 5 13. Heritage* 1,104.0 45.2 835.3 2,076.5 53.2 i5.7 . 40 2 li+. Ties M.irrer 1,016.8 28.5 703.7 1,716.3 59.2 69 2 . 41 0 15. Viacom 960.0 -- 665.0 1,575.0 61.0 . 69.3 . 42 2 16. Cablevision Industries 934.2 105.6 687.1 1,494.5 62.5 73 5 . 46 0 17. Sammons 855.1 55.2 b48.8 1,370.4 62.4 . 75.9 . 47 3 18. Newhouse 793.9 15.9 1,098.6 1,722.0 46.1 138.4 . 63 8 19. Century (7,e) 793.4 -- 555.3 1,247.4 63.6 70.0 . 44 5 20. Cooke 21. Adeiphia 729.9 -- 323.9 1,138.3 64.1 44.4 . 28.5 22. Centel (9) 727.4 196.2 541.1 1,051.1 69.2 74.4 51.5 23 TeleCable 592.2 -- 402.4 985.7 60.1 67.9 40.8 . 24. KBLCOM (11) 578.8 473.2 595.5 884.5 65.4 102.9 67.3 25. West `Sarc* (10) 562.4 552.9 542.2 1,111.5 50.6 96.4 4g,g _ 26. Scripps Howard (e) 554.4 78.7 305.1 781.6 70.9 55.0 39.0 27. MultiVision 532.6 -- 429,6 932.1 57.1 80.7 46.1 , 28. Tele-Media 482.8 18.8 367.4 810.7 59.6 76.1 45.3 29. Falcon (8 14) 465.3 240.4 707.8 65.7 51.8 34.0 , 30 Prime 451.9 96.5 195.9 950.0 47.6 43.4 20.6 . 31. Post-Newsweek 411.4 -- 390.2 870.7 47.3 94.8 44.$ 32. Lenfest* 404.3 116.9 278.1 597.5 67.7 68.8 46.5 33 TCA 361.4 77.1 368.7 622.8 58.0 102.0 59.2 . 34, Rifkin ~ Associates 351.8 325 6 154.6 168.3 441.2 79.7 47.8 38.1 35. Multimedia . 48.8 189.5 518.0 62.9 58.2 36.6 36. Colony 321.1 -- 270.1 589.7 54.4 84.1 45.8 37. Maclean Hunter 315.5 55.8 281.9 531.9 59.3 89.4 53.0 38. TKR* (3) 296.9 -- 369.7 564.1 52.6 124.5 65.5 39. Western 278.5 327.5 430.0 64.8 117.6 76.2 40. Cencom* 267.7 15.2 152.7 355.7 75.3 57.0 42.9 41. Star 253.8 77.5 191.7 445.0 57.0 75.5 43.1 42. Simmons 250.4 1.0 12.3 408.9 61®2 4.9 3.0 43. Hauser (12) 244.0 12.1 165.7 427.9 57.0 67.9 38.7 4G, Service Electric (e) 234.2 212 1 - 248.0 553.0 42.4 105.9 44.$ 45. Greater Media . - 74,4 364.4 58.2 35.1 20.4. 46. Harron 190.5 -- 196.1 308.1 61.9 102.9 63.6 47. Media General 178,4 -- 160.6 252.1 70.8 90.0 63.7 48. Columbia International* 175.1 163.7 222.5 271.2 64.6 127.0 82.0 49. Palmer 172.9 -- 167.3 322.3 53.7 96.7 51.9 50. Sutton Capital Associates 166.9 165.2 -- 16.1 68.8 186.5 209.2 283 0 79.8 4 58 41.2 112 9 32.9 65 9 51. NYT Cable (13) 52. Insight 165.0 -- 152.4 . 264.9 . 62.3 . 92.4 . 57.5 53. U.S. Cable 159.5 -- 111.2 328.3 48.6 69.7 33.9 54, Armstrong Utilities 154.1 ~ -- 134.8 292.3 52.7 87.5 46.1 55. Wometco 152.3 -- 95.8 193.8 78.6 62.9 49.4 56. King VideocaDle 147.3 -- 95.4 280.8 52.4 64.8 34.0 57. Triax 143.3 -- 92.4 222.2 64.5 64.5 41.6 58. Summit 142.6 -- 82.0 252.9 56.4 57.5 32.4 59. Cable Systems USA 138.3 109.2 102.2 211+.7 64.4 73.9 47.6 138,2 7.3 51.8 190.7 72.5 37.5 27.2 ~ 1989 CABLE TV INVESTOR. Estimates of Paul Kagan Associat es, Inc., Carmel , CA. (continued on next page) .• °' CABLE TV INVESTOR/ktay I5, I989/P. 9 of 10 TOP 100 MSOs, MARCH, 1989 (continued) . Rank Coraaany Basic Subs Expanded Basic Pay Units Homan Passed Basic $ to HP Pay $ to Basic Pay $ to XP (000) (000) (000) (000) • 60. Blade 134.9 -- 67.6 223.4 60.4 50.1 30.3 61. Bresnan* 127.1 -- 44.4 185.7 68.5 34,9 23.9 62. Northland (e) 125.5 -- 52.7 221.1 56.7 42.0 23.8 63. Booth American 122.1 -- 76.0 170.2 71.8 62.3 44,7 64. Choice T.V. (14) 121.4 -- 157.9 365.7 33.2 130.0 43.2 65. Son:.c 119.5 -- 104.3 234.0 51.1 87.3 44,6 66. McDonald Group (e) 115.4 -- 72.8 142.5 81.0 63.1 51.1 67. Susquehanna 113.9 28.7 78.3 160.3 71.0 68.7 48.8 68. United Video Mgmt. 108.8 26.2 83.9 158.9 68.5 77.1 52.8 69. Pencor Services 100.9 -- 50.2 113.5 88.9 49.7 44,2 70. First Carolina g9,0 -- 49.5 135.7 73.0 50.0 36.5 71. Group W 97.0 _ -- 151.3 381.6 25.4 156.0 39.6 72. kehco Video 94.5 31.9 52.3 135.0 70.0 55.4 38.8 73. Midcontinent 94.5 -- 40.9 130.9 72.2 43.3 31.3 74. Enstar Comm. Corp. (14, e) 84.3 -- 33.9 130.0 64.8 40.2 26.1 75. Coaxial 78.9 46.2 70.2 155.2 50.8 89.0 45.2 76. Selkirk 77.1 -- 56.6 128.0 60.2 73.4 44,2 77. James 70.6 0.7 25.2 81.3 86.8 35.7 31.0 78. Douglas 64.9 -- 32.7 115.2 56.4 50.4 28.4 79. Chambers 62.3 -- 25.0 93.0 67.0 40.2 26.9 80. Barden 60.5 -- 155.7 175.3 34.5 257.3 88.8 81. Cardinal 60.1 -- 32.2 82.1 i3.2 53.5 39.2 82. C-TEC 58.5 -- 78.8 91.7 63.8 134,i 86.0 83. Prestige 58.4 -- 32.8 95.4 61.2 56.2 34,4 84. Hearst 58.1 -- 43.7 108.7 53.5 i5.2 40.2 85. State 54.7 8.2 20.7 82.5 66.3 37.8 25.1 86. Joseph Gans 53.3 3.4 18.6 69.4 76.7 34.8 26.7 87. Bachoa S Elkin 52.2 2.6 19.4 72.5 72.0 37.2 26.8 88. Galaxy 51.6 -- 29.0 100.3 51.5 56.2 28.9 89. Txin County Trans-Video 50.2 9.7 15.3 100.0 50.2 30.5 15.3 90. Helicon 50.0 -- 14.3 70.0 71.4 28.5 20.4 91. ~Ner~ England 49.1 -- 35.1 68.5 71.8 71.3 51.2 92. nonrey Media Group 48.1 -- 20.4 63.5 75.8 42.3 32.1 93. Leonard 47.2 6.2 21.1 116.2 40.7 44.6 18.1 94. Rock Associates 46.9 16.3 25.1 72.0 65.1 53.5 34.8 95. Cable America 42.5 -- 32.6 92.4 46.0 i6.7 35.3 96. CableSouth 42.4 -- 22.3 60.4 70.2 52.6 36.9 97. Cable Holdings 41.5 -- 31.8 75.7 54,9 i6.6 42.0 98. Actoci (l~,e) 40.5 -- 42.8 75.0 54,0 105.5 57.0 99. Fairbanks Comm. 36.6 2.5 18.0 54.5 67.0 49.3 33.1 100. Schu~z ~ 22.6 34.7 36.4 57.8 39.0 161.3 63.0 Totals/Averay-es: 46,202.5 4,406.9 38,193.2 78,748.6 58.7 82.i7. 48.57. $ Change (?/P9-3/89): 14.6x 2.6~ 15.1x 17.4X Footnotes: (e) PKA estimate. 'Owned in part by TCI (see footnote 1). (1) TCI counts do not include its following interests: 80$ Heritage; 65$ UA; 61$ WestMarc; 50$ TKR; 80$ Bresnan; 5?$ Lenfest; 31$ Cencom; 40$ United; and ?0$ Columbia Intl. Total TCI owned/affiliated/cost- investment basics: 11,??9,000. (?) ATC counts include: Paragon, 673,000 basics (50$ ATC); other affiliated systems, ?63,000 basics. (3) Storer is os+ned by TCI 35$, Comcast SG$ and TKR 15$. (9) Pro forma 50$ Storer (770,499 subs), Comcast sub count is ?,2?9,?46, which would make it the 9th-ranked MSO. (5) Merger of UA and United pending. (6) Acquisition of Suffolk County, NY, and Cleveland, OX, systems from Viacom completed ?/89. (7) Acquisition of Mickel- son Media (?6,500 basics) closed 1/89. (8) Counts reflect equivalent basic units. Falcon Cable Tv includes: Falcon Cablesystem$, Falcon Cablevision, Falcon Telecable, and Falcon Cable Media (see Footnote 14). (9) Sale of Centel properties to six (6) buyers pending. (10) Sold t4isconsin systems to Jeff Marcus 1/3/89. (11) Sal® of all U.S. Cable properties to Houston Industries (d/b/a KBLCOM), closed 3/IS/89. (1?) Minneapolis/St. Paul system offered for sale. (13) Sale of system to Comcast, Lenfest and J. Bruce Lle+~ellyn pending. (19) Choice T.V, and Enstar Comm. Corp. have been removed from Falcon and are reported separately. (15) Sale of Anne Arundel Co. System to Jones Intercable and sale of SC Systems to Vista pending. ,.~ ,. ® 1989 CABLE TV INVESTOR. Estimates of Paul Kagan Associates, Znc., Carmel, CA. OPERATING STATEMENT HERITAGE CABLEVISION IN THE TOWN OF VAIL FOR THE 12 MONTHS ENDED DECEMBER 31, 1988 REVENUE Basic Cable $1,380,936 Extra Outlet 114,912 HBO 139,878 The Movie Channel 28,573 Showtime 17,245 Disney Channel 15,129 Cinemax 47,373 Installation 39,795 Remote Control Service 24,669 Advertising 2,461 Conterter Rentals 160 Multipay Service Discounts -41,765 Home Shopping 1,254 Total Revenue $1,770,620 SYSTEM EXPENSES Wages & Salaries - technical 136,383 Employee training & uniforms 756 Maintenance & repair of system, net 663 Pole rental 2,986 Light, Heat & Power 5,168 Vehicle Lease 19,351 Vehicle gas/oil & maintenance 13,683 Rent & tool expense 3,417 Capitalized construction/install wages -13,404 Total System expenses (technical) 169,003 LOCAL ORIGINATION (STUDIO) & PROGRAMMING EXPENSES Outside labor, studio 1,284 Equipment maintenance & tape, studio 971 Studio rent, telephone & contributions 27,671 Basic programming 122,015 Pay service programming 85,322 Program guides & postage 3,896 Total Studio & Programming expenses 241,159 SALES, GENERAL AND ADMINISTRATIVE EXPENSES Salaries - Administrative & Sales 126,655 Employee benefits 22,153 Payroll taxes 25 417 Profit sharing 16,410 Contract payment center in Vail 5,520 Maintenance & repairs 3,169 Office & equipment rents 30,538 a• Light, heat & power 4,505 Vehicle lease, maintenance & gas/oil 2,515 Travel/education/seminars 7,777 Contributions 21,700 Legal 1,329 Computer hardware/lines & processing 38,021 Stationery & supplies 2,604 Sales promotion 39,270 Telemarketing, postage & inserts 8,113 Telephone 7,227 Insurance 25,788 Property taxes 3,703 Franchise fees, accrued 79,553 Copyright fees 28,816 Licenses, permits, printing 2,666 Answering service 1,624 Manager & company meetings 991 Lost converters/bad debts/collections 5,829 Bank charges/payroll processing & other 702 Total S. G. & A. Expenses 512,595 Total Operating Expenses 822,757 Net Operating Cash Flow 847,863 DEPRECIATION & AMORTIZATION EXPENSES Depreciation - system 370,121 Amortization - franchise/goodwill 355,401 Total Depreciation/Amortization 725,522 Net Operating Income 122,341 Other Income & Expenses 6,653 Net Profit Before Income Taxes $115,688 This unaudited operating statement was prepared by John S. Sedlak, Regional Accounting Manager for Heritage Cablevision of Colorado, Inc.. Revenues & expenses were abstracted from the year end operati statement for the Vail system, which includes areas outside The Town Vail. Except where solely incurred due to operation within the town such as franchise fees, expenses and revenues have been prorated bas upon susbscriber numbers and/or plant miles. .. CAPITAL INVESTED IN THE CABLE SYSTEM SERVING THE TOWN OF VAIL SINCE ACQUIRED BY HERITAGE CABLEVISION IN SEPTEMBER OF 1981. (AS OF DECEMBER 31, 1988 - NOT INCLUDING ACQUISITION COSTS) Building Improvements Studio - Concert Hall Plaza $10,500 Office & Headend Site 5,801 Total $16,301 Electronic & Satellite Equipment Total, prorated @ 74% of total capital projects 154,728 Control Building Improvements, Dowd 23,500 Other, prorated 8,084 Total 31,584 Antennas & Microwave Equipment Total, prorated @ 74% of total investments 182,245 Cable & Hardware for new build and rebuild of system Prorated total, less projects not within the town 1,912,817 Outside labor cost for new and rebuild of system Prorated total, less projects not within the town 146,067 System electronics for new and rebuild of system Prorated total, less projects not within the town 151,098 Converters, prorated @ 500 of total investment due to ratio of bulk accounts to individuals in T.O.V. 149,120 Subscriber materials Total, prorated @ 74% of total investments .138,060 Studio Equipment, public access ~ 104,606 Test Equipment & Tools, prorated @ 74% 70,655 Vehicles & Construction Equipment, prorated @ 740 38,879 Furniture, Fixtures & Leasehold Improvements Total, prorated @ 74% of total investments 80,350 TOTAL CAPITAL INVESTMENT $3,176,510 Capital Expenditures Budgeted for 1989 including direct and prorated T.O.V. investments = $179,000. • {. STATE OF ~OLORAp0 EXECUTIVE CHAMBERS oa coy 'I 3b titdtc CaF~iru~ h~ i-%'~~I:%:~ ~O I~e~nvor, Colrrrado 8U2U 5-1792 1`~~ p Phune~ (3U 1) 866-2471 • ~ ~~~ :~~ el t `~. ~- ~ -/ ~A76 ~` Rov Romer Governor June U, 19Uy hear Friend: pie continue to strive for efficiency in state government. Your assistance in i~elping me find outstanding individuals for appointments to the many state boards and comriissions is an iri~portant contribution. We r,~ust work together to successfully prepare for Colorado's future. The enclosed list details tite appointments that will be due trod duly 2 through December 31, 19i3y. Please take a few minutes to review tine list and think about possible canuidates for appointment to the various uoards. Think about yourself, others in your cor,u;wnity or representatives of your profession tivl~o could make a significant contribution to Colorado oy service on one of these boards or cornmissions. P4y first criteria is competence to do the job as dernonstrateo by excellence in an individual's personal and work history. I also am coramitted to geog•rapflic, ethnic, socio-economic and gender balance in these appointr,~ents, as well as to a balalice of perspectives orr issues related to each board or comr~ission. -fi~anF; you for your time and your valuable advice. Please stay in toucn. Sincerely, \ _ Ftoy Rome Governor of ~a~ ~~ ~9Q ~e O N ti .~ ,~ ~> ~ X876 a ST~TF OF COLO APPLICATION FOR BOARDS AND COMMISSIONS OFFICE OF THE GOVERNOR Board or Commission for which you are applying: FOR OFFICE USE ONLY Appointed To Date YOUR NAME (Last, First, Middle) County Senate Dist. House Dist. Mailing Address City State Zip Code S.S. # Date of Birth Registered voter Yes or No Ethnic Origin Party Affiliation Dem. Rep. Un (Circle One) Your Occupation Business Phone No. Residence Phone No. EDUCATION AND GENERAL QUALIFICATIONS: LEVEL NAME OF SCHOOL LOCATION No. Years Attended Did You Graduate? Major Course(s) of Study High School College Trade/Business/Correspondence Memberships in Organizations and Offices Held. Indicate if Past or Present Volunteer Activities Indicate if Past or Present Special Skills and Qualifications REFERENCES (list three persons, not related to you, whom you have known for at least one year.) NAME ADDRESS PHONE NO. Years Acquainted rartifv fF,~t rti„ ~.._._ _ • --••••• ,••~• •~~~ ~~~~~ wiiramea in mis application are true and correct to the best of my knowledge. I authorize investigation of all statements contained herein and the references listed above to give you any and all information concerning my qualifications and any perti- nentinformation they may have, personal or otherwise and release all parties from all liability for any damages that may result from furnish- ing the same to you. Is there anything in your background which might be a potential embarrassment to the Governor or you if it were to become public? yes no If yes, please explain on separate sheet of paper. RETURN COMPLETED FORM TO: Fran LeDuke Director Boards and Commissions Office of The Governor 136 State Capitol Building Denver, Colorado 80203 SIGNATURE DATE i :' $. TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989, through December 31, 1989 Board or Commission Page Accountancy, State Board of 1 Aeronautical Board, Colorado 14 AIDS Coordinating Council 4 Arkansas River Compact Administration 2 Bicycle Advisory Board, Colorado 11 Consumer Credit, Council of Advisors on g Economic Development Council 2 Energy Impact Assistance Advisory Committee 3 Federal, State and Local Partnerships for Educational Improvement Chapter 2 Advisory Committee 12 Fire and Police Pension Association 5 Grievance Board Augment Panel, Colorado State 10 Governor's Mansion Advisory Commission 15 Health Promotion and Physical Fitness, Governor's Council for 5 Historical Records, State Advisory Board 7 Judicial District Nominating Commission 17-24 Legal Services, Colorado Advisory Council 3 Low Income Energy Assistance, Colorado Commission on 12 Marriage and Family Therapists, State Board of 2 Motor Carriers Advisory Committee 14 Procurement Advisory Council 16 Professional Counselor Examiners, State Board of Licensed 8 Social Work Examiners, State Board of Supreme Court Nominating Commission 16 State Fair Authority, Board of Commissioners 9 Victim's Assistance Advisory Board 7 Water Resources and Power Development Authority, Colorado 9 WomE~n's Economic Development Council 13 Colorado Selective Service *We are constantly seeking willing persons from all over Colorado to subrnit their names for the Selective Service Boards. Although this is ultimately a Presidential appointment, the Governor makes the in itial choice. The Selective Service is basically inactive at this time, but by law must always be in place in case of a national emergency. The persons appointed must not be currently on military active duty, a military reserve component, a retired military or be in law enforcement. We welcome women and minorities. There is a two day expense free training session in Denver for new appointees and then one day a year training thereafter. NOTE: Please send recommendations or resumes at least one month before an expiring term. The Honorable Roy Romer Governor, State of Colorado 136 State Capitol Building Denver, Colorado 80203-1792 Attention: Fran LeDuke, Director Boards and Commissions Phone: 866-2471 4 TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through December 31, 1989 * Indicates members whose terms expire July 25. STATE BOARD OF SOCIAL WORK EXAMINERS Number of Members: 7 Length of Terms: 3 years Pay/Benefits: $50 per diem, actual expenses Frequency of Meetings: 6 times annually Members must include three licensed social workers and four members representing the public. The Board licenses social workers in Colorado and conducts hearings concerning disciplining of licensees. Ruth Mularz, Aspen, public member Muriel A. Ellis Watson, Denver, public member Margaret Roath, Denver, social worker Dina O'Shea Warner, Aurora, social worker * Karen Robinson Fleming, MSW, LSWI, Colorado Springs, social worker Dolores Antencio, Denver, public member Ignacio Garcia, Pueblo, social worker August 1. STATE BOARD OF ACCOUNTANCY Number of Members: 5 Length of Terms: 4 years Pay/Benefits: $50 per diem, actual expenses Frequency of Meetings: monthly Four members shall be holders of CPA certificates issued under the laws of Colorado, who have been issued annual permits to practice in Colorado, a majority of whom are engaged in active practice. The public member shall be a person who does not have a CPA certificate, a permit to practice, or a license issued by the board. The Board prepares an annual report to the Governor and the General Assembly; prescribes forms; receives applications, and grants certificates and permits. The Board also administers the CPA examination twice a year and revokes and suspends certificates. Harold D. Hein, Arvada, CPS ~` Sylvia M. Bruce, Colorado Springs, public member James E. Armstrong, Aurora, CPA Rosemary E. Weiss, Denver, CPA Lawrence P. Gelfond, Englewood, CPA TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through December 31, 1989 * Indicates members whose terms expire Au~cust 1. ECONOMIC DEVELOPMENT COMMISSION Number of Members: 6 (4 appointed by Governor) Length of Terms: 2 years Pay,/Benefits: actual expenses Frequency of Meetings: quarterly 2 The Commission will adopt an annual budget; develop guidelines for the expenditures of the fund for economic incentives and marketing; review economic needs of various geographical regions; identify businesses needing the most support of economic development. * f2ichard L. Anderson, Aurora * f-. B. Becquet, Lamar * Joseph C. Prinster, Grand Junction * 'timothy W. Schultz, Englewood Au~cust 16. ARKANSAS RIVER COMPACT ADMINISTRATION Number of Members: 3 2 Appointed by Governor Length of Terms: 4 years PaylBenefits: none Frequency of Meetings: Two to three times a year Created by the Arkansas River Compact to administer the provisions of the compact. The President of United States appoints the chair. Colorado and Kansas have 3 members each. The director of the Colorado Water Conservation Board serves as an ex-officio. member. * Carl G. Genova, Pueblo,. District 17 * James G. Rogers, Lamar, District 67 Seoi:ember 12 STATE BOARD OF MARRIAGE AND FAMILY THERAPISTS Numk~er of Members: 7 Length of Terms: 3 years Pay/Benefits: $50 per diem plus actual expenses; Frequency of Meetings: 6 times a year The board consists of five marriage and family therapists who must have 5 years experience and be licensed within one year of appointment plus two members of the general public. The board adopts rules and regulations, conducts examinations, and grants or denies licenses. Al complaints are referred to the State Grievance Board. TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 3 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire STATE BOARD OF MARRIAGE AND FAMILY THERAPISTS CONT. ~ Steve Landman, Grand Junction * Dr. Joan S. Smokoski, Franktown Patricia A. Patterson, Northglenn Maxine R. Bardach, Longmont Dr. Richard E.C. Passoth, Denver Albert G. Rodriguez, Colorado Springs Lois P. Bergen, Palmer Lake AuQUSt 20. COLORADO LEGAL SERVICES ADVISORY COUNCIL Number of Members: 9 Length of Terms: 1 year Pay/Benefits: none Frequency of Meetings: as needed This Council receives complaints regarding legal aid in Colorado, and notifies the Legal Services Corporation of any apparent violation of the Public Law. ~ Eibra Wedgeworth, Denver, non-attorney * Abelardo Delgado, Arvada, non-attorney * Frank N. Dubofsky, Boulder, attorney-chair Donald W. Hoagland, Denver, attorney * Helen Shreves, Denver, attorney William Prakken, Grand Junction, attorney James H. Joy, Denver, non-attorney * Marion Sondermann, Colorado Springs, non-attorney ~ Howard Rosenberg, Denver, attorney August 24. ENERGY IMPACT ASSISTANCE ADVISORY COMMITTEE Number of Members: 9 (6 appointed by Governor) length of Terms: 4 years Pay/Benefits: actual expenses Frequency of Meetings: monthly The Committee shall be composed of the Executive Director of the Department of Local Affairs, the Executive Director of the Department of Natural Resources, the Commissioner of Education, the Executive Director of the State Department of Highways, and five residents of areas impacted by energy or mineral resource development. The Committee advises the Executive Director of the Department of Local Affairs on matters pertaining to energy and mineral development, which may include administering energy impact assistance grants. TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 4 July 2, 1989 through December 31, 1989 * Indicates members ~dhose terms expire ENERGY IMPACT ASSISTANCE ADVISORY COMMITTEE CONT. * Jane Quimby, Grand Junction * Honorable Robert M. Issac, Colorado Springs * Flaven Cerise, Carbondale Royce Elliott, Rangely Michael J. Rock, Loveland Robert Tempel, Lamar Member 29. AIDS COORDINATING COUNCIL Number of Members: 15 Length of Terms: 2 years Pay/Benefits: actual expenses Frequency of Meetings: monthly Serves as an expert resource on AID/HIV related matters and provide advice to the Governor and General Assembly on policy and state government response on an ongoing basis. * Betty C. Bechtel, Grand Junction * Gerald Cooney, Denver * Charles Cambridge, Boulder * Father Marshall Gourley, Denver * J. Timothy Waters, Greeley Dr. Richard A. Martinez„ Pueblo Carolyn Phillips, Westminster Earl F. Thomas, Denver Dr. Thomas M. Vernon, Jr., Denver James L. Anderson, Denver Dr. David L. Cohn, Denver Julian Rush, Denver Honorable Dorothy S. Wham, Denver Barbara O'Brien, Denver, CHAIR Honorable Jerry.Kopel, Denver TERMS EXPIRING ON ST.~TE BOARDS AND COMMISSIONS 5 July 2, 1989 through December 31, 1989 Indicates members whose terms expire September 1, FIRE AND POLICE PENSION ASSOCIATION Number of Members: 9 Length of Terms: 4 years PaylBenefits: actual expenses Frequency of Meetings: monthly SENATE CONFIRMATION Two members shall represent Colorado municipal employers; one member shall represent full-time paid firefighters; one member shall represent full-time paid police officers; one member shall be a retired officer alternating between a retired firefighter and a retired police officer for each successive four-year term. There shall be one member of a board of directors of a special district or the full-time paid professional manager of a special district who shall represent special districts having volunteer firefighters; one member from the state's financial or business community with experience in investments; one member from the state's financial or business community with experience in insurance disability claims; one member from the state's financial or business community experienced in Personnel or corporate administration in corporations of more than two hundred employees. The Board is the governing body of the Association. Edward Lujan, Jr., Littleton, full-time paid police officer Randall L. Gustafson, Sterling, municipal employer VACANCY, insurance disability Edward Sullivan, Denver, personnel administration Donald D. Simpson, Lakewood, special districts Raymond H. Magan, Pueblo, retired police James R. Breeding, Colo. Spgs., employer representative L. Kirstine Gardr.~r, Glenwood Spgs., financial community Randall E. Atkinson, Littleton,' full-time firefighter September 1 GOVERNOR'S COUNCIL FOR HEALTH PROMOTION AND PHYSICAL FITNESS Number of Members: as needed Length of Terms: 2 years PaylBenefits: none Frequency of Meetings: 6 times annually The Council is committed to demonstrating and promoting the importance of physical fitness among all age groups and sectors of society in Colorado. The Council seeks to enhance ongoing health promotion for all Coloradans. Dr. Calvin Ammerman, Denver Tamara Borgias, Denver Dr. William V. Burton, Boulder TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 6 July 2, 1989 through December 3i, 1989 * Indicates members whose terms expire ---------------------------------------------------------------------- --------------------------------------------------------------------- GOVERNOR'S COUNCIL FOR HEALTH PROMOTION AND PHYSICAL FITNESS CONT. * Joan Camp, Littleton * Robert Carlson, Denver * Stephen Foster, Vail * Lisa K. Frost, Aurora * Robert F. Guthman, Jr., Greeley * Kay Lani Johnson, Denver * Ruth Kustoff, Boulder * Rudy F. Malesich, Leadville * Melinda Roalstad, Steamboat Springs * Kaaren Rosenberg, Denver * Janice Shugart, Glenwood Springs * Tom S. Stein, Denver * Roman T. Valdez, Denver * Bruce S. Waldo, Aurora * C-on F. Wilson, Colorado Springs .-.. * Nei] E. Wolkodoff, Denver * Mack D. Beattie, Aurora * Floward L Boigon, Denver * F;ebecca L. Brown, Littleton * F'arry Burnap, Denver * Don Butt, Englewood * Dr. S. Robert Contiguglia, Denver * Collyn L. DeNio, Englewood * Robert L. Doctor, Aurora * Nina B. Eason, Denver * Theodore Epstein, Jr., Denver * t'4atti e A. Gantz, Denver * `.>usan Hi 11 , Denver * Raymond D. Jamsay, Grand Junction * f=lizabeth Wilderman Johnson, Denver * ;Jennifer L. Jones, Denver * `.itella T. Jones, Denver * Dr. Mary Alice Krill, Denver * Ur. Stephen L. Ludwig, Fruita * Brenda Major, Westminster * Robert J. Medina, Arvada * i'earl Mehl, Boulder * Scott Ogle, Boulder * Darlene Quinn, Copper Mountain * Sollie S. Raso, Pueblo * Robert Ryder, Colorado Springs * Dr. Brian J. Sharkey, Greeley * John 0. Truby, Littleton * I~Jilliam Uebelher, Denver * Louisa B. Walthers, Littleton * Dr. Nancy J. O'Connor, Fort Collins TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 7 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire September 1, STATE HISTORICAL RECORDS ADVISORY BOARD Number of Members: 9-15 Length of Terms: 3 years Pay/Benefits: none Frequency of Meetings: as necessary The board advises on historical records planning for the state. It reviews historical records programs to be carried out in the state by institutions or by the board with financing by the National Historical Publications and Records Commission. A majority of the board must have recognized professional experience in the administration of historical records or in a field of research that makes use of such records. Eleanor M. Gehres, Denver Geraldine R. Stepp, Aurora Robert Svenningsen, Lakewood Dr. James E. Hansen II Fort Collins Janice M.L. Colorow, Towaoc Josephine Labato, San Luis * Terry I. Ketelsen, Northglenn Barbara Sudler, Denver (Coordinator) Allen Nossaman, Silverton David Ruchman, Colorado Springs Janis H. Falkenberg, Denver September 5 VICTIMS ASSISTANCE ADVISORY BOARD Number of Members: 5 (At least one from Western Slope and one from 2nd Judicial District) Length of Terms: 3 years, maximum 2 terms Pay/Benefits: none Frequency of Meetings: quarterly The Board advises the Division of Criminal Justice on issues concerning the evaluation of grant applications and administration of the fund for victim assistance programs. Ernest House, Towaoc-Western Slope Steven R. Siegel, Denver, 2nd Judicial Dist. * Honorable Carol Taylor-Little, Arvada Gerald L. Williams, Arvada Steven Zotos, Castle Rock TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 8 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire September 12, STATE BOARD OF LICENSED PROFESSIONAL COUNSELOR EXAMINERS Number of Members: 7 Length of Terms: 3 years Pay/Benefits: none Frequency of Meetings: 6 times a year The Board adopts rules and regulations, conducts examinations, and grants or denies licenses. All complaints are referred to the State Grievance Board. Board must have five Professional Counselors and two public members * Dr. Nellie R. McCool, Colorado Springs, Professional Counselor * Carolyn S Nelson, Professional Counselor, Grand Junction :[rene Elmer-Drewnicky, Professional Counselor, Pueblo Bradley D. Laue, Greeley, public member Alice E. Kelley, Denver, public member Dr. Juan Ramirez, Greeley, Professional Counselor Dr. Joyce B. Washington, Aurora, Professional Counselor September 30, COUNCIL OF ADVISORS ON CONSUMER CREDIT Number of Members: 9 Length of Terms: 3 years Pay,/Benefits: actual expenses Frequency of Meetings: twice annually Membership must include fair representation from the various segments of 'the consumer credit industry and the public. The Council advises and consults with the Administrator of the Uniform Consumer Credit Code (Assistant Attorney General) concerning the exercise of her/his powers and may make recommendations to the Administrator. ;John P. Gormley, Grand Junction Johann Cohn, Lakewood Dr. Peggy S. Berger, Fort Collins Sheryl R. Davis, Denver I~oedell Schmitt, Ignacia * Lynn J. Ellins, Lafayette * Gerald H. Kopel, Denver * ;John P. Sheehy, Arvada Rufina A. Hernandez, Denver TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through December 31, 1989 Indicates members whose terms expire October 1, COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY Number of Members: 9 Length of Terms: 4 years Pay/Benefits: $50 per diem, actual expenses Frequency of Meetings: monthly SENATE CONFIRMATION One member from the Rio Grande drainage basin; one member from the North Platte drainage basin; one member from the Arkansas drainage basin; one member from the South Platte drainage basin outside the City and County of Denver; one member from the City and County of Denver who is familiar with its water problems; one member from the Yampa-White drainage basins; one member from the main Colorado drainage basin; one member from the Gunnison-Uncompahgre drainage basins; one member from the San Miguel-Dolores-San Juan drainage basins. No more than five members of the Board shall be members of the same political party. Appointments shall be made so as to include one member experienced in water project financing, one member experienced in engineering aspects of water projects, two members experienced in planning and developing of water projects, and one member experienced in water law. James D. Phillips, Colorado Springs, (R) Arkansas drainage basin, engineer Thomas Sharp, Steamboat Springs, (D) Yampa-White drainage basin Michael B. Smith, Ft. Collins, (D) South Platte drainage basin, financing Bill V. Kopfman, Center, (R) Rio Grande drainage basin Anthony Williams, Grand Junction, (D) main Colorado drainage basin John Porter, Lewis, (D) San Miguel-Dolores-San Juan drainage basins, planning and developing Carl Trick, Cow;irey, (R) North Platte drainage basin, planning and developing L. Richard Bratton, Gunnison, (R) Gunnison-Uncompahgre drainage basin, attorney Malcolm M. Murray, Denver, (D) City and County of Denver October 16. STATE FAIR AUTHORITY BOARD OF COMMISSIONERS Number of Members: 11 Length of Terms: 4 years Payl6enefits: actual expenses Frequency of Meetings: monthly SENATE CONFIRMATION TEI~MS EXPIRING ON STATE BOARDS AND COMMISSIONS 10 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire STATE FAIR AUTHORITY BOARD OF COMMISSIONERS CONT Of the 11 members of the board, two shall be residents of the county in which the State Fair and Industrial Exposition is held and, of the remaining nine members, at least one but not more than two shall be residents of each of the congressional districts in the state. The authority sets policies for the fair; reports to the Governor and the General Assembly; and appoints the manager of the Colorado State Fair. * Thomas T. Farley, Pueblo, county of fair * Elda M. Lousberg, Sterling, C.D. 4 * Larry Bohlender, Greeley, C.D. 4 * Tom W. Watt, Colorado Springs, C.D. 5 John J. McGuiness, Broomfield, C.D. 2 Jerry Robbe, Pueblo, county of fair Henry Arden Hartman, Aurora, C.D. 6 * Allan J. Jones, D.V.M., Meeker, C.D. 3 Remigio P. Reyes, Denver, C.D. 1 Robert Kirscht, Pueblo, C.D. 3 David G. Rice, Wheat Ridge, C.D. 6 October 31, COLORADO STATE GRIEVANCE BOARD AUGMENT PANEL Number of Members: 8 Length of Terms: 3 years Pay/Benefits: actual expenses Frequency of Meetings: monthly Consists of four members of the public, and one licensed member from each of the four licensing boards (psychologists, social worker, marriage and family therapist, and professional counselor.) In addition, when considering disciplinary actions, the board is augmented by three members of the same license category. The Board will make investigations, hold hearings and take evidence in accordance with the statutes, in all matters relating to the exec°cise and performance of marriage and family therapist, licensed professional counselors, psychologists and social workers. TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through December 31, 1989 * Indicates members whose terms expire COLORADO STATE GRIEVANCE BOARD AUGMENT PANEL CONT Ron Carducci, Colorado Springs * Michael A. Solomon, Englewood * Dr. Jackie Bennette, Fort Collins ~ Hazel B. Goddard, Buena Vista Andrea Van Steenhouse, Aurora, Ruble D. Clay, Denver David Anderson, Littleton Sally Kondziolka, Boulder Dr. Gerald Perusse, Pueblo Jose Vega, Pueblo Sumiko Hennesy, Denver Dr. Sandy Orantes, Colorado Springs Dr. Jerry Pardue, Lakewood Patricia Garcia, Denver November 2. COLORADO BICYCLE ADVISORY BOARD Number of Members: 12-15 Length of Terms: 2 years Pay/Benefits: none Frequency of Meetings: monthly The board identifiF.s and addresses the needs of promote bicycling as a healthy activity and a means pollution, and make appropriate recommendations to the State Highway Department. * Rick Hufnagle, Fort Collins * Richard Schaffer, Pueblo * Stuart H. MacDonald, Denver Stephen Brown, Golden Nancy Dutko-Klee, Fort Collins Stephen M. Hall, Colorado Springs Karen Hornbostel, Louisville C. Benett Lewis, Denver Portia H. Masterson, Golden Jerome K. Nagel, Denver Roger H. Olson, Boulder Carrol T. Reeves, Denver Eric Swab, Colorado Springs J. Ben Trujillo, Denver Daniel W. Wray, III, Denver bicycling, and to of reducing air the Governor and TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 12. July 2, 1989 through December 31, 1989 * Indicates members whose terms expire November 20, FEDERAL, STATE AND LOCAL PARTNERSHIPS FOR EDUCATIONAL IMPROVEMENT CHAPTER 2 ADVISORY COMMITTEE (EDUCATIONAL BLOCK GRANTS ADVISORY COMMITTEE) Number of Members: 19 Length of Terms: 3 years Pay/Benefits: actual expenses Frequency of Meetings: quarterly One member shall be a representative of each of the following groups: public and private elementary and secondary school children; classroom teachers; parents of elementary and secondary school children; local boards of education; local and regional school administrators; institutians of higher education; the State Legislature. The purposes of the Committee shall be to advise the State Department of Education on priorities for the allocation of funds and on the planning, development, support, implementation and evaluation of state programs included in the consolidation of the educational categorical programs. Howard G. Laire, Montrose, local school administrators * Steven M. Jones, Leadville, regional school administrators Valerie L. Trujillo, Fort Collins, local school administrators Sandra D. Shreve, Aurora, local school administrators Jane W. Urschel, Littleton, parent Carole Wright, Denver, teachers * Harold D. Cruz, Ignacio, parents * Dr. Charles V. Branch, Denver, Higher Ed. * Glen Gallegos, Minturn, local school administrator * Sarah Parker, Denver, private school student * M. Edmund Vallejo, Pueblo, local school administrator Kindra Mulch, Burlington, local school board Karen Briggs, Colorado Springs, parent Honorable Sandy Hume, Boulder, legislator Irene Lay, Aurora, media resources Alma Pearson, Rar,gely, teachers Kenneth PalmreutE~r, Denver, private education Honorable Jeannie Reeser, legislator Ernest Romero, Fort Collins, school counselors December 2 COLORADO COMMIS`.>ION ON LOW INCOME ENERGY ASSISTANCE Number of Members: 10 Length of Terms: 2 years Pay/Benefits: actual expenses Frequency of Meetings: monthly TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 13 July 2, 1989 through December 31, 1989 Indicates members whose terms expire COLORADO COMMISSION ON LOW INCOME ENERGY ASSISTANCE CONT. The Commission solicits funds for the Low Income Energy Assistance Program. The commission will use all avenues available and seeks new ways to raise funds for LEAP commission and monitor and evaluate all contributions and expenditures. * Mel Andrews, Denver * Walter S. Hanson, Colorado Springs ~ D.L. Parsons, Northglenn * Robert 0. Reid, Colorado Springs ~ Robert D. Westby, Denver Barbara P. Avent, Denver Glenn Cooper, Denver Rufina A. Hernandez, Denver VACANCY VACANCY December 8 WOMEN'S ECONOMIC DEVELOPMENT COUNCIL Number of Members: No more than 20 Length of Terms: 2 years Pay/Benefits: actual expenses Frequency of Meetings: monthly To advise and consult with the director of the Women's Economic Development Office on economic opportunities for women through small business development and expanded involvement of women-owned businesses. ~ Martha Ezzard, Littleton, Chair * Hon. Jack Fenlon, Aurora ~ Dr. Elinor Greenberg, Littleton Susan Kirk, Denver * Romaine Pacheco, Denver * Marge Price, Denver * Dolores A. Quinlisk, Colorado Springs Hon. Peggy Reeves, Ft. Collins ~ Marilyn Ferrari, Denver, (Labor) Jeannie Farmer, Denver Trisha Flynn, Denver Pamela P. Foster, Craig Benjamin Garneau, Littleton Margarette Y. Goodwin, Ft. Morgan Dr. Sumiko T. Hennessy, Aurora TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 14 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire WOMEN'S ECONOMIC DEVELOPMENT COUNCIL CONT. Caren Huggins, Pueblo Hon. Patricia Killian, Wheat Ridge Arlene Hirschfeld, Denver Lloyd S. Lewan, Denver December 8. MOTOR CARRIERS ADVISORY COMMITTEE Number of Members: 11 Length of Terms: 2 years Pay/Benefits: actual expenses Frequency of Meetings: every three months Three persons must be involved in the motor carrier industry two legislators; and two members representing interests related to the transportation industry. The committee will review state agency rules and regulations regarding trucking for duplication or inconsistency; review state involvement in hazardous material transportation issues; and propose ways to expand economic opportunities for the motor carrier industry in Colorado. * Honorable Margaret Masson, Crawford, legislator * Don Coleman, Littleton, Colo. Motor Carriers Assoc. * Honorable Robert Pastore, Alamosa, legislator * Ann Cartagena, Brighton, independent drivers * Larry Beightel, Grd. Jct., independent drivers * Capt. John Marshall, Denver, Colo. Municipal League * Harry Marshall, Lakewood, Teamsters Union DECEMBER 19 COLORADO AERONAUTICAL BOARD Number of Members: 7 Length of Terms: 3 years Pay/Benefits: actual expenses Frequency of Meetings: monthly SENATE CONFIRMATION The board addresses the aviation needs within the state and makes recommendations to the Director of Military Affairs. TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through,December 31, 1989 15 Indicates members whose terms expire COLORADO AERONAUTICAL BOARD CONT. * E. Lorraine Badger, Arvada ~ William R. Haight, Steamboat Springs Fred H. Jaeger, Greeley Daniel Jones, Aurora Richard F. Bucknell, Aurora David Leinsdorf, Crested Butte Michael J. Rock, Loveland December 31, GOVERNOR'S MANSION ADVISORY COMMISSION Number of Members: 9 Length of Terms: 3 yaars, except pleasure of the governor. Pay/Benefits: actual expenses Frequency of Meetings: at least 3 two members who serve at the annually The membership shall be appointed by the Governor from a list submitted from the Board of Directors of the State Historical Society. The commission shall formulate a long-range program for the maintenance of the Governor's Mansion, including: recommend regular and appropriate repairs for furnishings, approve all acquisitions of furniture and proposed changes in decoration of the public rooms, and anticipate major work necessary to keep the structure and grounds in good repair. John F. Welborn, Littleton ~ Anne Evans Sweeney, Englewood ~ Honorable Joan Duncan, Cherry Hills Village ~ Sue Anschultz Rodgers, Denver Nancy Markman, Evergreen Warren M. Toltz, Denver Al Levine, Denver Jocelyn S. Mann, Golden Samuel P. Guyton, Denver TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through December 31, 1989 16 * Indicates members whose terms expire December 31, PROCUREMENT ADVISORY COUNCIL Number of Members: 7 Length of Terms: 3 years Pay/Benefits: none Frequency of Meetings: twice annually The Council shall consist: of representatives usiing agencies of state government and from the The Council shall meet at least twice a year problems and the making of recommendations. Karen W. Buxton, Littleton laary Solis, Thornton * ,James K. Marshall, Boulder I:enneth Howard, Longmont t~4ichael K. Ghourdjian, Aurora * Wayne M. Palmer, Denver Eleanor Towns, Westminster DecE~mber 31, SUPREME COURT NOMINATING COMMISSION Number of Members: 13 Length of Terms: 6 years Pay/Benefits: actual expenses Frequency of Meetings: when necessary May not succeed themselves from purchasing and business community. for discussion of No more than seven members may be from one party. One attorney and one non-attorney must represent each district. One member serves at large. Commission nominates candidates to the Governor for appc-intments to the State Supreme Court and Court of Appeals. ATTORNEYS * C:athlin Donnell, Denver, (D) C.D. 1 James M. Robb, Grand Junction, (R) C.D. 3 John A. Purvis, Boulder, (D) C.D. 2 Harry Barton Mendenhall, II, Rocky Ford, (R) C.D. 4 Christine M. Arguello, Colorado Springs, (D) C.D. 5 Robert A. Dill, Englewood, (R) C.D. 6 NON-ATTORNEYS * Morley C. Ballantine, Durango, (R) C.D. 3 * Fern C. Portnoy, Denver, (D) C.D. 1 Robert J. Adams, Colorado Springs, (R) C.D. 5 Lawrence W. Menefee, Greeley, (R) C.Q. 4 Ira Paulin, Holly, (D) at-large Barbara Earnest, Boulder, (R) C.D. 2 Edna Mosley, Aurora, (D) C.D. 6 TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 17 July 2, 1989 through December 31, 1989 ~ Indicates members ~uhose terms expire December 31, JUDICIAL DISTRICT NOMINATING COMMISSION Number of Members: 7 Length of Terms: 6 years Pay/Benefits: none Meets when a vacancy occurs in a judgeship In counties less than 35,000 there must be at least four non-attorney members. In counties over 35,000 four non-attorney members and three attorney members must be appointed. Attorney members must be by consensus of the Attorney General, Chief Justice and the Governor. Non attorney members are appointed by the Governor. Members must not hold elective or salaried U.S. or state public office or any elective party office. They may not be nominated for judicial office when serving on the Commission nor for a period of one year after serving on the Commission. Each county in the district must have one member. No more than four members may be from one political party. Members may not succeed themselves. First Judicial District-Gilpin and Jefferson Counties Attorney Charles T. Hoppin, Arvada-Jefferson (D) Thomas J. Carney, Golden-Jefferson (R) Dennis W. Brown, Wheat Ridge-Jefferson (D) Non-Attornevs ~ Walter C. Kane, Lakewood-Jefferson (U) ~ James R. Hodges, Morrison-Jefferson (R) Patricia A. Wendleton, Golden-Gilpin (D) Carmen Torres, Lakewood-Jefferson (D) TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 18 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire Second Judicial District-Denver County Attornevs * James L. Kurtz-Phelan-Denver (D) * John E. Moye-Denver (R) Bennett S. Aisenberg-Denver (U) Non-Attornevs * Lee White-Denver (D) Cheryl A. Meyer-Denver (R) Romaine Pacheco-Denver (D) VACANCY Third Judicial District-Huerfano and Las Animas Counties Attornevs * Floyd K. Murr, Walsenburg-Huerfano (R) Sisto J. Mazza, Trinidad--Las Animas (D) Non-Attornevs * George Torres, Trinidad-Las Animas (R) Darwin H. Smallwood, Sr., Walsenburg-Huerfano (D) Betty J. Christoforetti, Trinidad-Las Animas(R) Charles R. Armour, Walsenburg-Huerfano (D) Diana C. Garcia, Trinidad-Las Animas (D) Fourth Judicial District-El Paso and Teller Counties Attornevs * Clifton B. Kruse, Jr., Colo. Spgs.-El Paso (R) Joe A. Cannon, Manitou Springs-E1 Paso (D) Maria Oldendorf, Colo. Spgs.-E1 Paso (D) Non-Attornevs * Elizabeth J. Spencer, Colo. Spgs.-E1 Paso (R) Sara Jane Doud, Florissant-Teller (D) Rosetta Randall, Fountain-E1 Paso (D) Edgar Jones, Colo'. Spgs.-•E1 Paso (R) TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through December 31, 1989 19 * Indicates members whose terms expire Fifth Judicial District-Clear Creek Eagle Summit Lake Counties Attorneys * Lawrence J. Kelley, Edwards-Eagle (D) * Gerald E. Dahl, Evergreen-Clear Creek (D) Nola S. Dyal, Vail-Eagle (D) Non-Attorneys * Cindy Corbin, Leadville-Lake (R) John D. Farr, Breckenridge-Summit (R) Lois M. Byrns, Breckenridge-Summit (D) Joe M. Lacy, Silverthorne-Summit (R) Sixth Judicial District-San Juan La Plata Archuleta Counties Attorneys * J. Douglas Shand, Durango-La Plata (R) Harry G. Tate, Durango-La Plata (D) Lawrence W. McDaniel, Durango-La Plata (D) Non-Attorneys David F. Martinez, Durango-La Plata (D) Barbara A. Parada, Pagosa Springs-Archuleta (D) Rufe Romero, Durango-La Plata (R) VACANCY Seventh Judicial District-Delta Gunnison Montrose Ourav San M~auel and Hinsdale Counties Attorneys * Roderick E. Landwehr, Gunnison-Gunnison (D) Frank J. Woodrow, Montrose-Montrose (R) VACANCY VACANCY Non-Attorneys ~ Mary Pfalzgraff, William C. Hall, Shuana M. Palmer, Delta-Delta (D) Lake City-Hinsdale (R) Norwood-San Miguel (D) TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 20 July 2, 1989 through December 31, 1989 * l:ndicates members whose terms expire Eiohth Judicial District-Jackson and Larimer Counties Attornevs * Katherine L. Collins, Loveland-Larimer (D) * Mark D. Hanson, Ft. Collins-Larimer (D) Mayo Sommermeyer, Ft. Collins-Larimer (R) Non-Attornevs * Jean Bump, Loveland-Larimer (R) Jean C. Weitz, Timnath-Larimer (D) Grace A. Kohlman, Walden-Jackson (R) Marilyn Barnes, Ft. Collins-Larimer (D) Ninth Judicial District-Rio Blanco. Garfield and Pitkin Counties Attorne s * Dan Kerst, Carbondale-Garfield (D) Erin Fernandez Hazen, Aspen-Pitkin (D) Andrew V. Hecht, Aspen-Pitkin (D) Non-Attornevs * Betty Grindlay, Aspen-Pitkin (R) * David H. Smith, Meeker-Rio Blanco (R) Stephen Barton Strang, Meeker-Rio Blano (D) Carol Ann Bestor, Rifle-Garfield (D) Tenth Judicial District-Pueblo County Attorne s * Nicholas A. Gradisar, Pueblo-Pueblo (D) W.C. Kettelkamp, Pueblo-Pueblo (R) Lewis M. Quigg, Pueblo-Pueblo (R) Non--Attornevs * Philip J. Gama, Pueblo-Pueblo (D) * E:valyn L. Williams, Pueblo West-Pueblo (R) Lynn Ann Gregory, Pueblo-Pueblo (D) Edmond I. Roybal, Pueblo-Pueblo (D) o` TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS July 2, 1989 through December 31, 1989 21 * Indicates members whose terms expire Eleventh Judicial District-Park Chaffee Fremont Custer Counties Attorneys ~ Pete Cordova, Salida-Chaffe (D) Bruce Johnson, Canon City-Fremont (R) Rocco F. Meconi, Canon City-Fremont (D) Non-Attorneys '~ Bernard Stone, Westcliffe-Custer (D) Richard C. Ruttum, Canon City-Fremont (D) Harley Hamilton, Fairplay-Park (R) Judith L. Rupp, Canon City-Fremont (R) Twelfth Judicial District-Saguache Mineral Rio Grande Alamosa Conejos. Costilla Counties Attorneys * Richard A. Kadinger, Alamosa-Alamosa (D) VACANCY Raymond J. Valdez, La Jara-Conejos (D) Non-Attorneys '~ Emilio Lobato, Jr., San Pablo-Costilla (D) Sandra Smart Tonso, Center-Saguache (R) Frederick C. Sanchez, Antonito-Conejos (U) George E. Kroenert, Creede-Mineral (R) Thirteenth Judicial District-Mor an Lo an Sedwick Philli s Yuma Washington Kit Carson Counties Attorneys '~ George Homm, Burlington-Kit Carson (D) ~` Eric C. Jorgenson, Fort Morgan-Morgan (R) Charles Sandhouse, Sterling-Logan (R) Non-Attorneys ~` Lynn J. Shook, Akron-Washington (R) Larry L. Shively, Idalia-Yuma (D) Galen W. Bamford, Haxtun-Phillips (D) Robert W. Kinnison, Ovid-Sedwick (D) TERMS EXPIRING ON ST,aTE BOARDS AND COMMISSIONS 22 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire Fourteenth Judicial District-Moffat. Routt, Grand Counties Attornevs * Richard E. Newton, Granby-Grand (D) Thomas R. Sharp, Steamboat Springs-Routt (D) John A. Vanderbloemen, Steamboat Springs-Routt (U) Non-Attornevs * Judith L. Daly, Granby-Grand (R) * William E. Leeson, Craig--Moffat (R) Bonnie B. Clifton, Craig-Moffat (D) VACANCY Fifteenth Judicial District-Che,yene, Kiowa, Prowers, Baca Counties Attornevs * Larry E. Stutler, Lamar-Prowers (U) John Gehlhausen, Lamar-Prowers (D) Non-Attornevs * Mary L. Weed, Cheyenne Wells-Cheyenne (D) Elden A. Reinert, Eads-Kiowa (R) * Donald S. Williams, Springfield-Baca (R) Cliff Dupree, Holly-Prowers (D) Sixteenth Judicial District-Crowley, Otero, Bent Counties Attornevs * Phillip F. Malouff, Jr., La Junta-Otero (R) Scott R. Foncannon, Rocky Ford-Otero (D) Non-Attornevs * U~ra M. Gingerich, La Junta-Otero (U) * Donna Lee Simpson, Las Animas-Bent (U) Fred DeHerrera, Rocky Ford-Otero (D) Cecil Galbraith, Olney Springs-Crowley (D) Grace O'Dea, Sugar City-Crowley (D) '.. TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 23 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire Seventeenth Judicial District-Adams Counties Attorneys ~ Daniel W. Carr, Westminster (D) Chips Portales, Denver (D) Non-Attorneys '~ Sharon E. Proehl, Thornton (R) Rosaline D. Glade, Northglenn (D) Mary Lou Gilpin, Brighton (R) Guillermo Serna, Commerce City (D) Eighteenth Judicial District-Arapahoe Douglas Elbert Lincoln Counties Attorneys ~` Richard J. Banta, Littleton-Arapahoe (R) Martha J. Karnopp, Aurora-Arapahoe (D) Martin P. Miller, Littleton-Arapahoe (D) Non-Attorneys '~ A.J. Anderson, Kiowa-Elbert (R) Harold B. Dunning, Aurora-Arapahoe (R) Pieter H. Kallemeyn, Sedalia-Douglas (D) John M. Williams, Hugo-Lincoln (D) Nineteenth Judicial District-Weld County Attorneys ~` William L. Crosier, Greeley (R) Ronald J. Lambden, Greeley (D) Fred L. Guiterrez, Greeley (D) Non-Attorneys '~ Shelly A. Seelmeyer, Greeley (R) Bruce W. Broderi~s, Greeley (R) Joe D. Martinez, Ft. Lupton (D) Jessica Kozloff, Greeley (D) ~.' ' .. " TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS 24 July 2, 1989 through December 31, 1989 * Indicates members whose terms expire Twentieth Judicial District-Boulder County Attornevs Robert A. Schueteze, Longmont (R) W. Harold Flowers, Boulder (D) * Sara-Jane M. Cohen, Boulder (D) Non-Attornevs Paul S. Greenwald, Boulder (R) Nancy Stites Talmay, Boulder (D) * Edwin MacDonald Avery, Boulder (R) John R. Ulbinsky, Lafayette, (D) Twenty-First Judicial District-Mesa Counter Attornevs * Charles J. Traylor, Grand Jct. (D) * {~lalter J. Phillips, Grand Jct. (R) '` J.D. Snodgrass, Grand Jct. (R) Non--Attornevs Rosemary J. Rashleigh, Grand Jct. (D) Lydia M. Trujillo, Grand Jct. (D) Mary W. Graham, Grand Jct. (D) Judith Allen Burford, Grand Jct. (R) Twenty-Second Judicial District-Dolores and Montezuma Counties Attornevs '` E.M. Davis, Dolores-Montezuma (D) Kelly R. McCabe, Cortez-Montezuma (U) Michael F. Green, Dolores-Montezuma (U) Non-Attornevs * Julio C. Archuleta, Mancos-Montezuma (D) * Patricia G. Tipton, Cortez-Montezuma (R) Linda A. Funk, Dove CreeE:-Dolores (U) Wayne Magness, Dove Creek-Dolores (D) +-' A 9awo of uai 75 south frontage road vail, Colorado 81657 (303) 476-7000 office of 4he town manager June 8, 1989 Ms. Sylvia Blount Vail Resort Association 241 East Meadow Drive Vail, Colorado 81657 Ms. Karen Morter Vail Chamber of Commerce P. 0. Box 308 Vail, Colorado 81658 Mr. Kevin Payne Avon-Beaver Creek P. 0. Box 1437 Resort Association Avon, Colorado 81620 Dear Sylvia, Karen, and Kevin: ~I~YL ~9~~ My family and I had the privilege of being in Jackson, Wyoming over Memorial Day weekend this year and, among other things, attended the Memorial Day parade in Jackson. I talked with a number of business people, residents, and a couple of town representatives about their Memorial Day weekend. They use Memorial Day weekend to kick off the summer season in Jackson where summer tourism is stronger than winter. I asked if they also had a Fourth of July parade and they do, but it is not as large or impressive as the Memorial Day parade because of their emphasis on the Memorial Day kick off weekend for summer. Our experience in Vail is that the Fourth of July has typically been recognized as the big kick off weekend for summer, although we are trying to build business in May and June as well. I would like to suggest that the three of you and anyone else you feel appropriate discuss the possibility of making Memorial Day weekend a big special event weekend in ~ b Ms. Sylvia Blount Ms. Karen Morter Mr. Kevin Payne June 8, 1989 Page 2 the Avon-Beaver Creek-Vail area, and we begin to try and change the perception that the summer season does not start until the Fourth of July. I think there is an opportunity now with the joint marketing program in this valley to have significant marketing impact on the Front Range and begin changing the image for late May and June in our communities. We need to quit talking about May and June's bad weather and emphasize the good. The weather in Jackson was cold at times over that weekend, and sometimes rainy and even spitting snow, but everyone was hyped and ready for the summer season, and the visitors came from all over the region including Utah and Idaho. I think if we could have a public relations campaign locally to change attitudes and the marketing campaign on the Front Range to let them know we have things going on during Memorial Day weekend, we could begin to expand ,our summer business in late May and June. One major event to help with that weekend would be the possibility of a large Memorial Day parade which would not necessarily replace the Fourth of July parade, but would be an added attraction earlier in the summer. This could be complemented by some type of special event in Avon or Beaver Creek on Saturday or Sunday. Just a final note. I think we should develop some kind of alternative to the phrases "mud season" or "off season" and begin encouraging people through every imaginable medium to change attitudes. One possibility as a substitute for shops and restaurants to use in their signage when they are closed would be "Closed for Spring Break" (used by Alpenrose). Something similar could apply to fall. I hope these ideas may be food for thought as the three of you meet and discuss joint strategies for increasing summer business. Since a y, Rondall V. Phillips Town Manager RUP/bsc cc: Vail Town Council Bill James Department Heads '.. o 9 '% .. r':.'~ . ... .. ....... r _ Icy Sally Stich =`.~'' • .., _, ~s...+ r ' t.i Special to The Denver Post .,.>::~.Tiie beauty of setting your, ;`;.,';. own policy is that you can ;. ~' "~~'~` change it, when,you want to. Case . in point:,I~[y "no~farther than one' hour away" rule: ` ~ ° ~~ , ~ ~ "'~ ;-' ~~ I never write about anything ' ;that takes longer than 60 min-, ' utes to reach. Today, because of ~ `` a poolside conversation over ~e- morial Day weekend, I'm bend- . ing my rule. Call it a woman's . prerogative. Call it."A Day Trip . to Vail." ~~: ~ What changed my, mind was 'this: Another mother and I were ' discussing the merits of raising our kids in Denver (me) versus raising them in Vail (her). Her only regret was the absence of . such things as museums, amuse- Ynentparks, azoo. ..~ :::~>=k:. ~~ ~ She said she had decided~that:` ~,~,this summer she and her Baugh- -ter were going to take weekly trips to Denver to enjoy its offer- :,ings. If she could drive two hours into the city, I reasoned, why ~o~~ ~. r- ,: ~ ~ } ~" P / {A~..,, _ .,;,~- couldn't Isuggest the same ~thurg~' away from it? - sa'#~~v ~~ ~~~, Though we spent a weekend In ~: Vail, a family could also have a~ great day"and feel it.was worth=j=. while being in the~car for~a'con-;;; siderable amtiant of time;Arid '~ the town doesn't get too full until' July 4, so June is a nice time for asmallgetaway.",;, ::.,,,. ,,, ..,_..,;, For us, Vail was a place to :.«<:E; walk and walk and walk. We ex-.:,. plored every street in the eil- '~ . `°~ lage, hiked through a meadow and climbed up to examine a wa:}, terfall: There was also a huge ~~~ snowfield on the main.run that p~„~ the children ran.up to and played `~ in. Beware, thoueh..it's verv~.~~~; Vail Nature Center (1-479-2291).;; offers weekly programs,'whichr:: include beaver-pond walkg, na-~~ tore crafts "and flower walks:;::`w°~~~}~ Some activities~are free; some;'': carry a nominal charge. Some; ~'"~;: are for kids only. '- ~ , ` The go Bola 'and Vista Bahn (1-476-56'01} open tomorrow and July 1(respectiyely)fnr rides up the mountain,, a~d_tickets are ' , good_foiall-day use, so you can ; go up and down as many times, . as your stomach will stand for it We drove over to Avon - a' ~; 10-minute~ride -and rented'"` ' paddleboats on Nottingham :"; "' Lake ($2.50 for ahalf-hour), a..:, pristine body of water in the.; ~:: ; town's city park. Roller skates ' " were also available ($2 for all ,day) for those wanting to expert- xence the lake from land.:.~,~ =:_,;'~-, °~Vail~is full of other activities:: :rafting; horseback riding, hot-air ' ballooning,~llama trekking =;~~;~~~; .,but I'm,trying to keep this area; :,sonable outing: ~. ~.~ ~-~~~~ ~ >~° `~ ....Pick activities tHa~celebrate' the area's beauty, have lunch at an outdoor cafe, and return to: ~y Denver refreshed by your one-,~' day getaway. .=~~ ~<~-._A~.~ .~ For a complete list of activi- ties; phone the Vaii Chamber of Commerce at 1-476-1000:" .. P .• .. REC"4 JUN ~ 2 ~~~ June 7, 1989 Town Council Town of Vail 75 South Frontage Road Vail, Colorado ®1657 Dear Council P1embers: I have been banking with the Uail National Bank for many years and have found that the parking there inadequate, difficult and dangerous to access and egress, and poorly maintained and controlled. Recently, during a time when there were no parking spaces available in front or on the side of the bank, I parked on the street while making my deposit and received a parking ticket. Not a day goes by that someone is required to park there for lack of another space. I know that many tenants have now moved from this building and others will soon move, partly due to lack of parking. You are now approving changes in the parking and access to this building, as well as the medical center. Unless the bank building can insure proper parking for the tenants' employees and invitees, you will have created an environment requiring on the street parking, with the attendant hazards. Police enforcement is not an acceptable solution if no other parking is available) You have recognized this each winter when the parking garages are full . I don't have a solution for this problem. Perhaps the building code fails to provide for adequate commercial parking and needs to be updated. While the street traffic flow problem may be relieved by the removal of the post office, this building's parking problems will not disappear. I suggest that you each observe this problem yourselves and require the building owners, now seeking approval for changes, to provide acceptable solutions. Sincerely yours, ~~;../ - ' ~~~ 1995 C}iAMON I X LANE - VA % L-~ COLORADO ®1657 - C 3®3 ) ~f76-~t 111 TO: The Town Council FROM: Community Development Department DATEe June 15, 1989 SUBJ: Gerald R. Ford Park Dedication The Town staff is planning a dedication for Gerald R. Ford Park on July 4th. We are planning to have free ice cream and cake as well as entertainment. We are also inviting President and Mrs. Gerald R. Ford to the event. We hope that all of you can attend this party. After the ceremony, there will be a Dixieland Concert at the Amphitheater. Tuesday, July 4th - 5:00 p.m. Field west of Amphitheater Refreshments and entertainment r~., ~~~ ~ ~~~~ 75 south frontage road '~~~ _ vall, Colorado 81657 (303) 476-7000 ~~~,. office of the town manager ~T~I,19~9 June 13, 1989 Ms. Edith M. Evans Mayor City of Sterling 1325 Buchanan Sterling, Colorado 80751 Dear Edith: I assume each Colorado Municipal League Executive Board member has received a letter from Harold Miskel following up on the presentation that he made at the May 18 Board meeting. Enclosed with Mr. Miskel's letter was a copy of the Wilderness Water Rights Settlement Proposal as drafted by the Colorado Water Rights Negotiating Team. Since we have all received this material from Mr. Miskel, I felt it was appropriate to send you some additional information in advance of the upcoming Board meeting to give you an opportunity to review it before we meet. Enclosed with this letter please find the full text of the Wirth proposal for the wilderness water rights issue. Also enclosed is a paper written for lay people by Christopher Meyer, Counsel to the National Wildlife Federation, explaining some of the effects of additional wilderness water rights on Colorado's water resources. According to the headwaters counties' water resource attorneys, Mr. Meyer's analysis is on the mark and the Wirth proposal is an excellent approach. With respect to Mr. Miskel's proposal, of Colorado interests. T disagree with is not an East Slope-West Slope issue. which would exacerbate the disagreement over the Homestake II project. Neither proposal is supported by all East Slope it does not represent a consensus Mr. Miskel's statement that this It is an issue very definitely between West Slope and East Slope am I convinced that the Miskel cities. .~ Ms. Edith M. Evans June 13, 1989 Page 2 We have prepared a point by point rebuttal of Mr. Miskel's proposal, but I am not including the rebuttal in this packet. My primary concern is that this is not a topic in which the CML Executive Board needs to involve itself. I feel the Colorado Municipal League should remain consistent in its policy and stay out of water issues which may divide its membership. A CML endorsement of Mr. Miskel's proposal is not critical to its adoption and the CML Executive Board should decline to make any official comment on the proposal one way or the other. The points in this letter and the attached material simply indicate that there are many sides to this issue which we as Board members have not had an opportunity to investigate in depth, and it is not worth making a public endorsement which could divide our organization without a thorough understanding and knowledge of all sides of the issue. Sincer , Rondall U. Phillips Town Manager RVP/bsc Enclosures cc: Vail Town Council Kenneth Bueche ' ~ ', i, ( A i~.r,~. 1 f ~' ~ ~ +y UNITED STATES SENATE WASHItJGTON, D. C. 20510 TIMOYHY E WIRTH COLOA4D0 March 16, 1989• The Honorabl® William L. Armstrong United States Senate Washington, D.C. x0510 Dear Bills Since your announcement a few weeks ago, I have given a great deal of thought to the legislative goals that we s2T<aro, but which we have not been able tv achieve. I was particularly impreeged by your statement, at your press conference in penver, that one of the three things you hope to accomplish in your remaining time in the Senate is passage of a Colorado wilderness bill. %.certainly share that goal, and have said many times that my highest priority is to complete t1i® work we began in 1980 to protect Colorado's high country wilderness areaB. %n July 1987, we jointly established a negotiating process in which representatives of Colorado's water resource users, and leaders from Colorado's conservation groups could work together to find a solution to ttie .wilderness water dispute t1>at 1ias, so far, prevented pae88ge of wilderness legislation. We met wit}i those negotiators at their inaugural meeting, and again in April last year to receive a status report. Since then, those sixteen prominent Coloradanr3 have invested countless hours and countless resources in this process. Unfortunately, t}iey }save not been able to Beach consensua> At this point, I think it is necessary for us to convene another meeting of the two negotiating teams during t}ie l~pril recess in an effort to find a Colorado solution to this Colorado problem. I also believe the negotiating process would be aided by developing specific proposals that could form the basis for discussions at that meeting. In that spirit, I offer what X believe to be a reasonable and responsible compromis® that will provide compre}iensive protection for appropriative water rights }1,olderg and should }~av® no effect at all on Colorado's ability to use its water resources. But at the same time, I believe it is both necessary and appropriat® to protect the water resource t}iat ar® integral to Colorado's proposed high-mountain wild®rneea areas. To do that, my proposal would dir®et the Forest Service to claim junior water rights in quantities sufficient to protect tti<e resources of ~~y) __ _.__ .. _ __. Tha Honorable h'illiam L. AnneL-rong Page 2 these proposed wildernene areas. That water right would be held by the federal land manager. But it is irnp~rtant to recognize that these rights would be for the nonconeu._m t.tve uee of wa~er that is needed to rnai»tain Lieh and wildlife populations, preserve the natural environment, and provide the water that ie needed for recreation within these wilderness areas. These proposed xilderneea areas provide important, and in some cases essential, habitat for wildlife such ae cougar, black bear, deer, big Born sheep and elk. These proposed wilderness areas also provide an opportunity for all Cvloradane to hike, fish, :hunt, camp, and picnic amidst some of the most spectacular scenery in the country. I believe all of us agre© that wittlout water, these high altitude wilderness areas would be forever, and detrimentally, changed. My proposal is, more than anything else, designed to finish the procoss we embarked on in 1380, to protect these proposed wilderness areas ae natural loga.cies for our Htate and fox ou~c nation. My proposal also would state very clearly t}it~t ttie federal government mu4t stand in line for.wa:er rights, like every other person w}io wants to use Colorado' a wnter resources, ar~d that Lt-e federal. government's water rig}its would be .junior to all existing water rig}-te. My proposal would also reiterate that the federal government will quantify its water riy}-te ire Colorado stat© water courts, which are best equipped to ensure that Renivr water rights are protected. These provisions would protect all appropriative water rights holders within the proposed wildarnes$ areas ar~d downstream of these proposed wilderness areas. In fact, the addition of these areas to t1~e wilderness system would have nn impact at all on downstream uee and development of Colorado's water zesource$. The mire Agri nits r~iiPgtion was the impaot of thvue prapc~ead wilderness areas on upstream water riy}its }~olclers, or~teide tl~o wilderness study areas. As you know, ttieza are several different contextE~ within which claims of water rights conflicts could arise on public lands across the D7est. For example, a wilderness area many miles from a stream's oriyiri could affect the administration of water rights upstream of that wilderness area. The best: examples of such a situation are the low-elevation lands adminiet:ered by the Bureau of Land Matiagernent (BLM), whic?- are still being studied by the BLM for wilderrieas designation. A very different Y.irid of situatio~l exists when Congress designates "headwaters" areas as wilderness. }leadwaters areas t}~pically encompass the origin of a stream. As a Iesult, there can be no appropriative water rights upstream of a ~rildernees -- 1 -.~-_-.~-.-_-. -•- - ------~---------~--- ---- a - _ ~--~.~- T1~e Honorable William L. Arrnetrong Page 3 area that could be affected by the administration of a downstream wilderness water rl.ght. (luny dxistin~c, appropriative water rights within th® wilderness area would be aen.tor to the wilderneaa area's instream water right.) Just as important, the water. that flows out of a headwaters wilderness area t}ien ie freely available for ue® and development outside the wilclerneBa Area. W® carefully sur~reyed all of the proposed wildern®ss ar®as to determine whether any of them posed potential conflicts witlt upstream water rights holders. We learned that in several cases, streams aris® outaid® of the proposed wild®rnesa areas, then flow into the propo®®d wilderneaa areas. In some caseB there are water rights holders on those stream segments upstream of tt~e proposed wild®rness areas. In other caseB, there may not be appropriativ® water rightB upstream of propog®d wilderneaa areas. Regardless, in order to avoid even tl~e appearance of conflict, we changed the wilderness area boundaries to eliminate all but one of the potential conflicts between wilderness water resources and upstream water rights holders. As a result, I reduced tho size of five of the propos®d wilderness areas. Four of those reductions were small, but one~was significant. In one case, my proposal would slightly increase the size of a proposed wildern®as ar®a. I. Jiow Thie Comoromi©o Would Work I want to explain }iow I propose t)iat we protect water resources in these potential wilderneaa areas. T}ie,t I wain to move on to }sow I think we can easily protect appropriative water rights holders at the same time. A. Protecting_wildernese water resources i have reviewed the history of our public lands end theiz management, and g am convinced t}iat it would not be feasible to take on® ®lement of these high altitude proposed wilderness areas ~- namely wat®r -- and sever the management of that resource from the broader r®eponsibilities of the federal 1ar~d managers. Similarly, I am convinced that it would not be possible to protect these high altitude land® 3.n their natural state in perpetuity were we to ignore their need for water. For without wala~~., l}ie~esey }-ly}r d1Lll.~J~y wlll2Ct7lt°btl dLCt7[f wuul~l Ley L~d,-djva.uieytl into mere shadows of their current form. F'or all of these reasons, 1 am persuaded that the federal larrd~managera must have the xight to fil® for water rights, from the currently unappropriated supplies, in a quantity that ie sufficient to preserv® the wilderneaa character of these lands. S. Protecting Appropriativa Water Riahte Full that cause conflicts with appropriative water rights holders? Y beli®v®, emphatically, that it will not, fir several reasons. FirBt, the priority date for a federal water ria}rt for The lic~norable Willinm L. Armstrong Page ~ three ~ro~eed wilderne©e areaA w_ould_ be the date t}gat t}~e wildex-nesa legislation ie end Leci iniQ l,t~.w. 'The fc~dertsl government would have to etar-d in lire for water, just like everyone else. The federal government could not, under my propoe:al, jump ahead of others wlro hAvb water rights perfected under state law, Ttrig meana that any federal water right would be unior in priority to any appropriative water right that exia~d aL- tl~a time this legislation is enacted into law. In slrozt, valid existing appropriative water rights would be fully protected under my approach. hYhere would these water rig}~te be adjudicated and adminietered7 As I envision it, a wildexrrees bill muDt reiterate that federal water riq}rts will be adjudicated in state~y.~ater courts, pursuant to the McCarron Arnpndment. This meana that Colorado courts will decide on how much water is needed to preserve these proposed wilderness areas, and the Colorado state engineer will ndminiater the federal riglrta just ~-s he administers all water rights. Would any existing diversions or water resource developments within the proposed wilderness areas be affected? Again, designation of these lands as wilderness will not impair the use and enjoyment of existing water tights. In some existing wilderness areas, there are diversion structures for irrigation, stock watering ponds, and so on. Tho9e water resource develop-- manta continue to operate, their ok~rrers continue to enjoy a right of access tv maintain t}rem, and t}reir underlying water rights }lave not been affected by deeignatiorr of t}re surroutrc}ing lando as wildsr.nees. What would also be true of any water reaourcQ facilities within ttre proposed wilderness areas. If there are any existing diversion8 and stock watering por~de, t}rein water rights are, by definitions senior to any wilderness water right. The water rights upon whic}r these diversion structures and other developments are. based will not be affected by passage of a wilderness bill. Moreover, it would be a simple matter to restate, ea part of legislative hii3tory, the Fore$t Service's access policy f.or maintenance of facilities 8uc}~ ae these. Th©t is }row the Congress has addresadd auclr eoncertre in t}re past, acrd it is certainly possible to du sv again in t}ris legislation. In a similar vein, z understand that t}rere may be cases w}rere the owners of stock watering ponds or diversion structurer3 might eeeklwant to make mirror modifications or repairs in their facilities. For example, if his}t, naturally-caused flows damage a headc3ate, the o~.~trer naturally would want to repair that structure. And the owner would ~~ant to do so wit}rout fear that any change, }rowever minor, would require a long co-rrt battle to mAke sure that ot}rer water rights lroldezs would not tea injured by 7'tla Honorabl® William L. Armstrong Page 5 auc}a a change. Ttere, I propose tt-at we adopt n "d® minim~io" rulo to as®ure t1-at minor changes acid repairs cats proceed quickly. %I. ~ur~dary Modifications I hav® already mentioned that, in a few cases, we would }gave to make som® boundary modifications to ensure that this legislation deals only with head~:aters ar®as (wh®ro there ~.r® no streams that arise outside of and flow into a wilderness area). Set out below are th® changes that I think are needed to make this a tru® headwatezs-only bills ¢~ In the proposed Buffalo Peaks wilderness area, Willow Croak arises in, flows out of, and then zeentere the wilderness area for a short distance, before leaving the area altogether. By redrawing the boundary and reducing the area's acreage (by about 160 scrag) eo that the stream does not reent®r the wilderness area, we can eliminate this potential conflict. ~~ Sirnilerly, Cebolla Creek flows along part of the western boundary of ttie Powdert~orn/Cannibal Plateau proposed wilderness area, intermittently flowing into end out of the wilderness area. By r©drawing the boundary to the east, we can eliminate this stream from th® wilderness area entirely. ~~ In the proposed Greenhorn wilderness area, two streams -- Dry Creek and Mass Creek -- arise just outsid® the proposed wilderness area and flow for a short distance before entering the wilderness area. These two streams arise in a ^cherrystemrned" area that the F'oreat Service reconLmended be included in tho wilderness area. By adopting that recvrrimendation and expanding the area's boundaries to include these etreams° }ieadwaters, we can eliminate the potential for conflict with upstream water rights without harming any known water rights holders. ~~ Hayden Creek arises within the proposed Sangre de Cristo wildernes3s area, leaves and then returns to the wilderness area before flowing out of t}~e wilderness. Dy redrawing ttie boundary acid reducing the proposed wilderness area by about 20 acres, we can eliminate this potential conflict so that the stream does not reenter the wilderness area. °~ There also are several conflicts within the proposed Spnnioli Peaks wilderness nren. The liorrorable William L. Armstrong Page 6 * On the very eastern edge of the area, W}site Creek arises outside the wilderness area and then flows through the Spanish Peaks. I suggest that we e]iminate that atrearn from the wilderness area even though that will remove an important drainage from the wilderness system. * Tai addition, I understand that approximately 20 feet of the Chaparral Creek would be outside the wilderness area before flowing into it. There are no water riglrtg at the head of this creek. Since removiny this entire stream from the wilderness area would dramatically reduce the area's total size, and since there are no water rights conflicts on this stream, I suggest that we leave the boundaries here ea they have been proposed. * Last, I understand t}rat while Wahatoya Creek arises within the wilderness area, it flows through several inholdinys within the wilderness area. Since I know of no water rights conflicts in this instance, I suggest that the best way to ~; deal with this coricerrr le to give a high priority to acquisition of t}re9e irr}rolciinga once the wilderness legislation has been enacted into law. There is one case in w}rich we could not redzaw a proposed wilderne~as area's boundaries to avoid potential water rig}rts conflicts without dramatically reducing t}ie size of tine wilderness area. Service Creek flows through the very center of the Service Creek wilderness study area. There is an existing diversion on upper Service Creek, outside t}re study area's boundaries. That water project diverts virtually all of the stream's flow at the point of diversion over a ridge to another stream basin. However, since Ghere are rro o,t}rer water projects on this stream upstream of the wilderness area's boundaries, and since this project's water rig}rt clearly is senior to any wilderness water right t}rat would be created in legielatiorr, and since the water project consumes all, or nearly all of t}re stream's water at the point of diversion, t}lere are no real conflicts between a junior wilderness water right and the senior diversion. We contacted t}re owner of that upstream water rig}rt, who told us that he would not ouject to the creation of a downstream, junior wilderness water rigtlt, since his water right would not be injured by such an action. Do the boundary modifications I outlined above remove all potential water rights conf].icts7 Unfortunately, two further The Honoa'able William L. Armstrong Page 7 ' actions are needed. The mos°,: important involves the proposed Piedra wilderness area. In that case, Several streams arise outside of, and flow into, the wilderness area. A number of appropriative wet®r rights exist on o-he upper reaches of those ®treams. Second, Lime Creek and Cascade Creek arise outside of, and flow into, on® of the proposed w•eet Needles additions to the &Jerninuche additions, It may b® that designation of these erase as wilderness areas would Have no impact on upstream water rights. However, we do not have the inform®tion today to reach that conclusion. ZII. A Fair Process for the Piedra and Purgatory Flat, Th® situation in the Pi®dra and Purgatory Flats erase iS much more complex and not eo easily addressed as th® Service Creek problem. As a result, I recommend that we retain the ®ntire Piedra area, and the Purgatory Flats segment of the west Needles additior.e, ae wilderness study areas, rather than designating them as wilderness. At the same tim®, we Should estnblieh a process by which the Forest Service, in close consultation. with the state of Colorado, could consider alternatives for protecting these areas' inetream values, consistent with protection of upstream watez rights. For example, the Forest Service could examine the implications of using the Colorado Water Conservation J3oard's inetream flow laws in this study. Of course, the Forest Service also would leave to give the public era opportunity to participate j.n this process ae well. And once the process had been completAd, the Forest Service could then report to Congress on how we might address water resource conflicts in these areas. Only then would we have the information we need to address wilderness legislation for these two arQaB: This approach would reassure the people of Colorado that the Congress will not add areas to thA Natio~~al WilderraPSs Preservation System until we have tlaorouglal}• examined such actions' impacts on d~at~ar resources. This approach also offers an opportunity to study ways in which we may be able to addreBe water resource conf licta in tlae BL2~l' e dor~7~str.eam areas, when it comes time to consider those areas. Nevertheless, this approach does not come easily for me. Last summer, I had the opportunity to visit the Piedra wilderness study ar®a. Y came away from that short trip with a deep appreciation for that area's remarkable beauty and its value as wildlife habitat. X am committed to finding a way to protect this unique resource in a way tl~et also respects state water rights, 1 only regret that we can not do so immediately. The Honorable William L. Armstrony pays IV. Other Con~ernA While I believe that this approach reepor~ds to all potdritial conflicts within the proposed wilderness areas, t}rere are other, more generic concerns, that it may be appropriate to address. For example, I know that some ranchers in north central Colorado are concerned about the assertion of water riglrts for the existing l~latte River wilderness area, whic}1 lies on the state border. If you believe we should address that problem, we could do so easily by simply stating that no wilderness water rights could be aeoerted in any way that prevents or impairs the use acid development of all the water to which Colorado ie entitled ender interstate compacts and eguitnbl apportionment decrees of the Sup1<Qme Court. Such a statement would have the effect of relieving ell upstream water users of any concern that a wilderness water right would impede either new water resource developments, or changes in existing water resource developments, as long as the holders of those rights were acting within the terms of interstate agreements on the use of the North Platte's water. A:~other concern t}~at has been expr9ssed in the past relates tv the plsnned Phase II Homestake diversion within the exiatirig Holy Cross wiildernese area. As you knoc~, the Cities of Colorado Springs and Aurora have argued that wilderness water rights could prevent them from making changes iri the project's configuration that they believe are necessary to maximize yield from this project. That water project has been the subject of litigation in state water court involving, among other t}iings, argw~nents that the changes iri diversion points represented an expansion of the project beyond what Congress lead contemplated in 1980, ar~d that the expansion would injure wilderness water rights. .However, in a recent decision a state water judye concluded that the proposed changes in the water project would not result in injury to a wilderness water right. The court also found that the cit:ies' proposed c}iariges c}o ~Qt constitute an "expansion" of that pz~o ject, ae that term was used irr tl~e 1980 legislation creating the Holy Cross wilderness area. In short, the cities have prevailed: the court's ruling means that wiJderriesa water rights will not stand iti t}ie way of completing that water project. I also underatar~d that the interested conservation groups have not appealed those rulings, Dees t}iie proposal for resolving t}~e atalernate over wilderness water rights address every conceivable objectivri that could ba raised? Probably not. For example, this proposal does not resolve the pending litigation over water rights in exiatinQ. wilderraees areas. That would be 1Qft to the parties and to the d - _ . -~ -~ --- -- - -- The Honorable William L. Armstgong Faye 9 courts, since neither flee parties nor the two negotiating teams have been able to settle this lawsuit. Under my proposal, wv would prepar® legislative langus.ge to unsure that the wilderness bill does not prejudice the outcome of this litigation. (However, it may well be that with the Holy Cross-Homeatake litigation resolved in the city's favor, the poaeibilitiee of settling this litigation hav® impzovsd. If that ig th® ease, I would certainly b~ happy to resolve these issues in our legislation.) ~T. gat],Qnale for a Case-by-Case ApproPCh, Similarly, I have not tried to revolve, in advance, argument4 that int~y b® raised in the future when the Administration makes its recommendations to Congress for downstream BLM wilderness areas. Today, we do not know which areas ~~ill be r®commended for. wilderness, or even when t}ia Congress will receive the rerommeiidation®. Neither do we know whether the Adminiatrat.ton's recommendations will be controversial. And we certainly do nit know what, it any, water resource conflicts will be implicated by those recommendations. During the lust Congress, otter otates such as New Alexico, Arizona, and Washington successfully passed legislations to establish new national parka +~nd wilderness areas. In at least two casos, BLM lands were involved, Nevertheless, those states dealt with water resource conflicts on a cage-by-case basis, and rejected arguments that it was necessary generically to address water resources issues on 13L.~I lands before passing parks and wilderness legislation. I believe 4:hat the case-by-case approach, which I took in preparing thin proposal is a wise one and that we should get on with the task of enacting a wilderness bill for Colorado's headwaters ar®as in 1989. When the day to debate the low elevation BLM areas arrives, I certainly would do nothing until the people of Colorado had worked out their concerns over water rooouroo aonfli.ato, juot nu we hnvc doria u.iC}s bho liigll ®1®vation wilderness areas. But for that same reason, I do not believe we must wait to pass a~ Colorado wilderness legislation until we have thrashed out soluticne~ tv theoretical problems on 'land areas that are not before us. VI. Proposed Aoundaries During the past five years, we leave paid little attention to the boundary issues; the water riyhts issue has dominated the debate. However, in the process of reviewing maps of candidate wilderness areas for potentia]. water rights conflicts, it became appar®nt that we need to reexamine some of the asswnptions upon which we based decisions on wilderness area boundaries in 1984. i ,~ The Honorable William L. 1lrmstrong Page 10 C:onflicts t}~at loomed large five years ago have disappeared in some cases. My proposal then takes s fresh look at not only tl~e ws~ter dispute but also at the boundaries of proposed wilderness areas. I have attached to t1}is letter copies of maps of they wilderness area boundaries that I propose we consider in the cc+ming weeks and months. In total, the wildezneBe areas that Y: hope to consider in legislation would include 751,630 acres. The Piedra and Purgatory Flats wilderness study areas would encompass approximately 63,720 acres. In additions I hogs to reexamine several roadle6s areas that have not been part of past legislative packages but which contain very important wildlife habitat and which would provide outstanding opportunities far outdoor recreation. Finally, I want to reiterate my commitment to working with you and the entire delegation to pees Colorado wildernesB legislation in the 101st Congress. While the water rights diaput.e has prevented action for the past five years, I believe that we can find a fair and balanced solution to that problem. Toward. that end, I hope that we will be able to schedule a meeting with ttte two negotiating teams during the April recess. X knok- you will be busy during that time but I would be avt~ila,ble to meet with you at any time on April 27, 26, or 29. I' look forward to talking with you at greater length about this very important issue. hlith best wishes, Sincerel Yours, Timoth~ ~E~. Wirth c. Hon. Patricia Schroeder c. Hor-. Hank Brown c. Hors. Dan Schaefer c. Hors. David E. 6kagge c. Hori. Ben Nighthoree Campbell c. Hon. Joel Hefley c. Members of the negotiating teams . - T- Q ~' l c. rkr`t=~•,Ga'~~Y.~"~,s~v~.r ,ar _C tJriJ s~'y'y4 ~'S~A- T 2 »wZ ~jr ° ^4 ^ _ j , t ' ~~ ~~ :..k- "~., 'j'y~ r~ ~ Wit. 5`;"'e+ ~~~1 . _' .. - H 4., ~r "`,t4~y ~i.1A~.'~'.~ a N Y"~. ~~~i(4 sy"'"i1 `rsr . ter. .` f 1 `,. x ry ~.~ s f~ `.'/` L ~ ~ <s A .._arW. 34r y..~.4 .J ~ yf t Y3 e,~ dskr r j~.... t . ~ . -~ +:.f.~^'tY 1+v~3 13 ~2`~.v i * <i i r . ta. z 3R' -. :++*~4. .n. y5. ~+' R ~wr Y y ~ ~ ~' ~ '7" ~~.~ f n ...,~ ~ .tom y ,t ~ ` ~ yt- < ~ ~ _ ~?. _ _ ~ ~ yea ~--,. S _ :, ~ 4 ~ Y ~ ~....i - - ` * f' ~ L. 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Rs 'S~-~sdl~-M1G."TR;~.~,.~~"9Wiss:} 'Y~ri.v .. ,~- k: --. .4. -. - .'~fl~ . _. _v..._...~ --~. `~_~Fzai^~'V_ .+~..n.'.+'~,.c. ..wf~7'ar~.r_ ~..~ sr-. ~. c,.... _ r, ~+ aX, `® .~Sa~~~ ~e :~. ,t'_ ''~.` :: c'... mow'-:c~~~ y''%~-^ v,,i"r {, '~'~ rprn,7(~..c5+ r < °~.rti Mv~ vJ~ ~a c.+y 4 l ~ Y 1 T T _ .. _ its ,~, A-~' i' yw.. ~ i; r ~ ~~ ~I .s `.a. _~ _ . ~ . - ~" 4.., ~ s'. .r ~ :. ..._. ate,-'--.....~ ..-. Y :. ~~t t ' °': ~ 4 Ya, t .. ~~. . i• 'Y ' :n=Y u!i' . . a~t~t.y~ rr •- ~. ~;..~iY " 3 i:. ~ ;' . r-fS - C' '~ .: 175-. ~ ' ~.-,Y ~,~ ..Y.~_ r.~ ~ ryi ~'."-^ - 1 - In 1908 the United States Supreme Court handed down the celebrated case Winters v. United States. In that case the Court resolved that where state water law frustrates the primary purposes of a federal reservation, the state law must give way to a superior federal water right. Curiously, we are still debating that oldl case today as if were some novel principle of law. It is not. It is a simple, well established doctrine, consistent with the broad body of federal preemption law, repeatedly confirmed by the courts, and likely to be with us for a long time to come. Nevertheless, it came to some as quite a shock when Judge Kane followed a line of cases going ~~ack seventy•-eight years ana ruled that federal wilaerness lanas carry with them federal water rights just as do parks, forests, monuments, refuges, and all other federal reservations. More fruitful, however, than a discussion of the doctrine's grounding in legal history, might be an exploration of its merits. Is it a good law? Some say that it reflects an uncompromising view oblivious to the need for flexibility and balance. The record shows otherwise. Conservation groups have demonstrated repeatedly their commitment to thoughtful, creative solutions to the west's water conflicts. We have pressed our case for sound water management not just in the courts, but also before the Congress, at the statehouse, and, most importantly, around the negotiation table. We have not just criticized state water :laws, but have worked hard to change them. Today Colorado, Nebraska, Nevada, Wyoming, Montana, and Utah have enacted - 2 - instream flow laws due at least in part to lobbying and education efforts by local conservation groups in each of those states. We have also been at the forefront of efforts to resolve water conflicts through negotiated solutions. NW F's settlement of the Greyrocks Dam case led to the creation of the Platte River Whooping Crane Habitat Maintenance Trust in Nebraska. And several conservation groups are now working with water developers and state and federal government officials in Nebraska, Colorado, ~' Wyoming, and Utah in an effort to aevelop management plans on the Platte and Colorado Rivers which will avert a major standoff on endangered species issues in those basins. Meanwhile, EDF has led efforts to utilize California's water markets to growing needs--without new environmentally destructive water projects. This commitment to seek accommodations of state laws ana local interests, does not, however, reflect any misgiving about the need for a strong federal presence in the water rights arena, To put it simply, we applaud state reform efforts, but we know they would not have occurred without the federal government in the background. Some would now tie the hands of the United States to manage the waters flowing on our own federal lands, and turn this national resource over to the states, This issue has come to the fore in the context of Colorado°s wilderness bill. We believe i that careful attention must be given to the problem to ensure that the balance between state and federal interests is not upset . - 3 - Water rights are special. We westerners have always taken great delight in fighting over them. I guess it's part of our way of lire. But sometimes we get a little carried away with the theatrics of battle. This has happened to a large extent with the wilderness water issue. We have heard tails of woe and doom set to befall Coloraao should the federal government secure water on wilaerness lands. We have heard that ditches, spigots, and pipelines will run dry, while fish and wildlife luxuriate in cascading falls and brimming pools. We have heard, that the most time honored principles of west: ern water law will be cast aside as the feaeral government shoves its way to the front of the line for water rights. What we have often not heard is the plain, un-newsworthy truth that western civilization is not threatened by reserved wdtE'r rights. Indeed, the real, hard conflicts by and large sinply are not there. How can this be? Simple. Reserved water rights in wilderness do not consume water. They merely assure that what flows today will flow tomorrow. The same water which tumbles oown mountain streams filling the wilderness with life and vigor, eventually makes its way into the ditches, the spigots, and the pipelines which run our western economy. Wilderness water rights will not change that. So who gets hurt? Virtually no one. Last February Colorado's Director of Natural Resources, David H. Getches, and State Engineer, Jeris A. Danielson, conducted a thorough study of - ~ wilderness otential conflict between proposed and existing the P was the first study of This arias and consumptive water rights. h the smoke and ~, its kind. The first serious effort to cut throug ~, aet to the source of the combustion. e answer: °We conclude that there is little actual or Tn water rights otential conflict between existing or conditional P be established in and any federal reserved rights that may roposed wilderness areas on Colorado National existing or P Forests.° The reason: Any use in place prior to the 'shment of a wilderness area holds a senior tight and may establi e to divert regardless of the diversion's impact on the continu ness. In other words, every existing user is grandfathere wilder wilderness in, automatically. Any future user downstream of the because would be unaffected as well by a reserved water right, the reserved right terminates once the water leaves the could be wilderness. The only users who even conceivably attected by recognition of wilderness water rights are future er sons users upstream of or within the wilderness (including P in oint of diversion). But the simple fact is seeking a change p et to water that there are very few users who would want to g u stream of a wilderness, because the wilderness areas in P ado are generally in the headwaters. This conclusion is Coloe confirmed by the Getches/Danielson study. The widespread conflicts are imaginary. Even the few Potential conflicts may never ripen. In the ances in which a junior user diverts water upstream of rare inst Y a .j ,• - 5 - or within a wilderness area, the junior diversion will not necessarily be prohibited. This would occur only if it were determined that the diversion is so large as to interfere with the primary purposes of the wilderness designation. 4That this boils down to is the fact that the purported conflict has been blown wholly out of proportion. The predictions of massive disruption of Colorado's water. rights system evaporate when the predictor is asked to identify where these conflicts actually are. .Anot.her issue, which ought finally to be put to rest, is the question of interface between federal water rights and state appropriation systems. From reading the papers one gets the impression that federal reserved water rights cannot fit into the western system. The opposite is true, and has been since 1952 when the Congress enacted the McCarran Amendment, 43 U.S.C. S 666 19E32). This law waived sovereign immunity and llowed federal wager rights to ne adjudicated in state water proceedings. If the states are concerned that reserved water rights are unquantified, they need only initiate a general adjudication. The federal government then will be required to quantify them or lose them. Once adjudicated the federal government's rights .are placed on the State Engineer's BOOKS along with all other water rights on the stream, and the system works just as it always ha... As the Colorado Supreme Court said with regard to the adjudication of federal reserved rights in United States v. City and County of Denver, 656 P.2d 1, 4 (1983), 'The integration of - 6 - the competing legal theories into a common, rational, and comprehensive system of water distribution marks a reconciliation between two fundamental themes in the development of this I State.p As a practical matter, there is little urgency in getting these federal rights adjudicated, because, as pointed out above, few real conflicts are in the horizon. But if conflicts arise from time to time the McCarren Amendment affords a straightforward method of resolution ana assures that these federal rights will be integrated thoroughly into the state system of water rights administration. Not only is the abandonment of federal water rights unnecessary to avert conflict, such abandonment would over time work palpable harm on our wilderness areas. Western states as a whole have a sorry track recocd when it comes to the protection of instream flows under their state law, Some states refuse to recognize instream flows period. That means that if the federal government were required to comply with state law, it simply could not do its job. It would be powerless to prevent junior appropriators in the future from drying up streams flowing into wilderness areas. In Colorado, however, we have had an instream flow law on the books since 1973, Colo. Rev. Stat. ~§ 37-92-102(3) and 37-92-103(3), (4) and (10). That is a good start. But only a start, Appropriations for instream flow under Colorado law have been limited to the minimal amount of water needed to keep fish -~- alive. Appropriations are typically in the one to five cubic-feet-per-second range, and only rarely exceed twenty cubic-feat-per-second. That is a tiny flow. And, indeed, a tiny fraction of the actual flow on these streams. When it comes to water for canoeing, for swimming, for wildlife, for saturation of~ alpine meadows, or simply for the enjoyment of nature, we're not getting it under Colorado law. Only where the right is asserted under a federal claim may a water right for- the full range of wilderness experiences be obtained. Several have suggested legislative solutions to the wilderness problem. While conservationists do not believe that a problem exists, we are anxious to respond to each of the proposals. Central to most of these is the requirement that wiloern~ess water rights be quantified and integrated into Colorado's water rights system. Such proposals are largely redundant with existing law, in that federal water rights already ace being quantified and integrated under McCarran Amendment proceedings arouhd the state. Any requirement that quantification occur on a more expedited basis would, of course, requires substantial new funding. NWF sees this as an unnecessary expensE~. To the extent that the proposal calls not just for quantification under state law, but abdication of federal enforcement responsibilities, conservationists may be expected to object. Colorado's track record is uncertain at best. Not once has the Conservation Board placed a call on a river to enforce an 1 • S . _ . }[ instream water right. Where conflicts have arisen the I Conservation Board has ducked the issue, settled the case, or withdrawn its objection. This agency, which carries the ' conflicting charge of developing Colorado's waters, has not yet demonstrated its readiness for an assignment of the guardianship of our nation's wilderness waters. Other proposals have called for limiting the federal right to the minimal amount necessary to support °aquatic life to a reasonable degree°, It should be obvious that the trivial amount of water required to sustain fish life falls far short of meeting the full range of wilderness needs. Even this minimal protection would disappear under some proposals during °drought events°. Whatever °drought eventsp ace (some drought cycles last for ? years), these are the periods when minimum flows are most critical. Another troubling limitation contained in some proposals is that instream flow water rights may not °deprive the people of the State of Colorado of the beneficial use of those waters available by law and by interstate and international compacts". Read literally, this language completely eliminates whatever minimal water rights would otherwise be allowed under the Dill. Finally, some have suggested that existing wilderness areas be striped of their current priority dates (the date on which they were added to the system) and be assigned a 1986 priority Date. In Colorado, this may be a largely academic point, in that few conflicts presently exist between existing wilderness and _ 9 _ otten that our it must not be for9 ments. gut will s proposed develop em is a national one. Conservationls away protections in Colorado wilaerness syst efforts to carve certainly resist other states. rove a dangerous precedent in not may P does which of wilderness water rights the °Problem' s not In sump se. And the 'solution" proposed i exist in any practical sen of federal at all, but an abdication really a solution We do not neea wilaerness uise of comity. used, responsibility in the g been prof et what has islation. And if we 9 ~ oses water rights leg the fundamental Pure will serve only to undercut one of arias it rotection of rip for which wilderness is recognized--P habitat from future development. _ gnd - d; 0098Y JUN 13 ~~9 MEMORANDUM TO: Vail Chamber Members FROM: Karen Morter, Director DATE: 6-9-89 RE: Mail Malley Summer Newspaper Schedule Mail Malley Marketing Committee is ready to launch its "Summer in the Vail Malley" campaign, designed by Schenkein Advertising, Marketing and Public Relations of Denver. The plan includes brochure distribution, Media Packets, billboard ads, TV spots, magazine placement, interviews, radio time and newspaper ads. The newspaper ad schedule is attached. If you would like to "piggy-back" on the ads placed by Schenkein, please call Ellen Senkier, Media Director at Schenkein Advertising Agency. The phone # is 292-6655 in Denver. VVe are very excited about the work the Marketing Committee and Schenkein has done. Vde are anxious to see this marvelous effort in full swing. 241 East Meadow Drive. Vail. Colorado 81657 ~ 303/476-1000 ti ~~~~ ~A~LY ~~ MEIN ~~~~~~~~~E ~EW~~~~~~ ~~ ~~~~ ~~° ~ ~FWSP~.FEI~ SE~,°Y'l~l~l Ali Sg2mE 6/I~ Wed I~enwer ~~t Main Calendar of 5 col X i~p (Tab) pocky M®tantain mews Main events p 6/Il~ Soan ~ ~enve~ &'ost Travel ,~ ., „ ~~ky Mount~n ~et~s Travel „ „ p M boulder Daily~Ca~nera Tavel w p p azeette G o< Sprir~s C av el °Pr " „ 1 q °pp ®pp (~ ~ 8 ILa ~® ~LJV 1or~do Wd! f ~ ~6 a' V ~1 11 It 1 6/21 Wed fiver Post Main nth of puly ~ ~fl ~C Y2" ~&y Motuttain Tde ~f ain " " , « ~ouider era fain „ „ It Co. Springs Gazette >Idiain « „ « Ft. Collins Color°adoan . Main " „ 11 6/23 Fri Y~enver i'ost Weekend „ °° stocky I~iountairt I~te~ars Weekend " " « boulder Caneera Weekend " „ Ca Sp Gazette Weekend „ 11 °° Ft. Collins Coloradoan eekend W " " " a~~ ~/.L,l Sun DeI1Y@Y I~oSt . ~ 1 rab~.'l " n " „ ' lucky Iviotantain mews Travel " p " Boulder Caynera ~ °Travel " " 't - Co. Springs Gazette 'i'aavel „ '1 Ft. Collins Coloradoan 'Travel 1 ~. ~ ~U~ ~ 3 ~J89 a y TOWN OF VAIL MEMORANDUM TO: Ron Phillips Council Members FROM: Steve Thompson DATE: June 15, 1989 RE: Investment Report Enclosed is the Investment Report with balances as of May 31, 1989. The balance of the portfolio at May 31, 1989 was $13.8 million which is $800,000 more than at the end of April. The portfolio balance at May 31st was 38% more than at the same time last year. It is important to note, that the balance of the portfolio peaks at the end of May and thereafter starts to go down until January. In the last six weeks, we have seen all interest rates drop dramatically. In response to signs that interest rates were trending down we extended our maturities to take advantage of some of the higher rates still being offered on certificates of deposit and FHLB discount notes. During May we purchased $1.5 million in CD's with an average maturity date of 394 days and an average yield of 9.82%, and $1.5 million in FHLB discount notes with an average maturity date of 159 days and an average yield of 9.39%, which are well within our targeted yield range set for 1989 of 8.50% to 9.00%. Please let me know if presenting the semi-annual Council on July 11, 1989. cc: Charlie Wick you have any questions. We will be Investment and Earnings Report to a , Town of Vail, Colorado Investment Report Summary of Accounts and investments For the Month Ending May 31, 1989 Money Market Accounts (see page 1) Funds For Reserve Balances Percentage Percentage Operating Funds TM 5/31/89 of Total Allowed --------------------------------------------------------- Commercial Banks 51,595,695 5224,370 51,820,065 13.11% 50% Colorado Investment Pools 511,446 ----- 511,446 ------------ 0.08% 100% ------ Total ------------- 51,607,141 ------ 5224,370 51,831,511 13.19% Commercial Savings & Banks Loans -- - Certificates of Deposit (see page ----------- 2) --- ---- -- Eagle County Institutions 5210,992 5200,000 510,992 $210,992 1.52% Other Colorado Institutions 599,000 $99,000 599,000 0.71% National Institutions 51,584,000 51,584,000 52,475,000 8693,000 $3,168,000 ------------- 22.81% ------ Total ----------- 51,893,992 --=-------- ----------- ------------ 81,584,000 ------------ ------------ ------------ 52,675,000 ------------ ------------ ----------- 5802,992 ----------- ----------- 53,477,992 ------------- ------------- 25.04% 100% ------ ------ Percentage of Portfolio in Savings & Loans 11.41% 25% U.S. Government Securities (see page 3) Repurchase Agreements 52,000,000 5710,000 52,710,000 19.51% 75% Treasury Notes 5680,000 5680,000 4.90% 100% GNMA's 5188,941 5188,941 1.36% 100% U.S. Savings Bonds 516,884 516,884 0.12% 100% Federal Agency Discount Notes 54,982,003 ------- - - ------------ 54,982,003 ------------ 35.87'/ ------ 100% Total -- - 57,187,828 ------------ ------------ 51,390,000 ------------ ------------ 58,577,828 ------------ ------------ 61.76% ------ ------ Total Portfolio Maturing Within 12 Months Maturing Within 24 Months Maturing After 24 Months ~ 52,417,362 is reserves that the Town does not have access to for operations 511,469,969 52,417,362 513,887,331 100.00% ------------------------------------ ------- ------------------------------------ ------- 512,011,506 86.49% 51,242,000 8.94% 5633,825 4.56% 513,887,331 ------------- ------------- 100.00% ------- ------- 6/6/89 slml invsm905 Money Market Accounts as of May 31, 1989 --For the Month of May-- Account Institution Balances Type of Accounts High Loa Average 5/31/89 ------------------------- ----------------------------------------------- First Bank of Vail - Operating Interest 8.950% 8.670% 8.843% -------------------------------- -------------------------------- Balance 52,675,544 5617,319 51,599,163 51,530,258 -------------------------------- -------------------------------- First Bank of Vail - Insurance Interest 8.950% 8.670% 8.843% Balance ________________________________ Colorado Trust (Investment Pool) Interest 9.480% Balance Central Bank of Denver Reserve Accounts Interest 5.000% Balance Central Bank of Denver Operating Account Interest 8.830% Balance 5202,534 511,446 521,836 565,437 --------------- 1,831,511 --------------- --------------- 6/6/89 SLML INVMM905 Page 1 Certificates of Deposit Continued as of May 31, 1989 Bank Name, Location Days to Rates Purchase Maturity Maturity Maturity Ins Coupon Yield Date Date at Purchase ----------------------------------------------------- Value --------- ---------- Brentwood Square Savings and Loan, Los Angeles Californ ia Reserved Funds FSLIC 10.250% 10.250% 09-May-89 O8-May-91 729 599,000 First Chesire Bank, Keene New Hampshire FDIC 10.100% 10.100% 15-May-89 14-May-90 364 599,000 Trustcorp Bank, Toledo Ohio FDIC 9.750% 9.750% 12-May-89 14-May-90 367 599,000 St. Edmond's Savings and Loan Association, Philadelphia Pennsylvania FSLIC 10.250% 10.250% 05-May-89 05-Nov-90 549 599,000 Columbia National Bank, Santa Monica California FD[C 10.000% 10.000% 16-May-89 13-Sep-89 120 599,000 Monadnock Bank, Jaffrey New Hampshire FDIC 10.000% 10.000% 12-May-89 14-May-90 367 $99,000 Fidelity Federal Savings Bank, Richmond Virginia FSLIC 10.000% 10.000% 05-May-89 07-May-90 367 599,000 Pioneer Federal Savings and Loan Association, Hopewill Virginia FSLIC 9.600% 9.600% 17-May-89 17-Jul-89 61 599,000 Eastern Savings Bank, Hunt Valley Maryland FSLIC 9.750% 9.750% 17-May-89 30-Nov-89 197 599,000 Sunwest Bank, Tustin California FDIC 9.875% 9.875% 17-May-89 17-Jul-89 61 599,000 Kislak National Bank, North Miami Florida FDIC 9.700% 9.700% 25-May-89 25-May-90 365 599,000 Standard Pacific Savings and Loan, Newport California R eserved Funds FSLIC 9.625% 9.625% 26-May-89 28-May-91 732 599,000 Century Bank and Trust, Somerville Massachusetts Reserv ed Fund s FD[C 9.450% 9.450% 26-May-89 26-Nov-90 549 599,000 Century Bank of Suffolk, Suffolk Massachusetts Reserved Funds FDIC 9.450% 9.450% 30-May-89 29-Nov-90 548 599,000 Republic National Bank, Phoenix Arizona Reserved funds FDIC 9.500% 9.500% 30-May-89 29-Nov-90 548 599,000 Avg Yield 9.897'ti --------- --------- 53,477,992 ------------ ------------ slml invcd905 Page 2 Certificates of Deposit as of May 31, 1989 Bank Name, Location Days to Rates Purchase Maturity Maturity Maturity Ins Coupon Yield Date ---------------------------- Date at Purchase ----------------------- Vatue ----------- ---------- First American Bank, Boston Mass FDIC 10.000% 10.000% 12-Nov-87 12-Nov-90 1096 599,000 Vail National Bank FDIC 8.750% 8.750% 04-Apr-89 04-Apr-90 365 510,992 FDIC 9.250% 9.250% 03-Jan-89 03-Jan-90 365 5100,000 FDIC 9.250% 9.250% 26-Jan-89 26-Jan-90 365 5100,000 Central Bank of Denver Reserved Funds FDIC 8.400% 8.400% 05-Oct-88 05-Oct-89 365 $99,000 Coral Coast Savings Bank, Boynton Beach Florida FSLIC 10.250% 10.250% 30-Mar-89 27-Sep-89 181 599,000 Security Bank of Kansas City, Kansas City Kansas FDIC 10.000% 10.125% 30-Mar-89 28-Jun-89 90 $99,000 first Federal of the Carolinas, High Point North Carolina FSLIC 10.250% 10.250% 30-Mar-89 30-Mar-90 365 599,000 Investors of Florida Savings Bank, N. Miami Beach Florida FSLIC 10.250% 10.250% 30-Mar-89 26-Sep-89 180 599,000 Firstate Financial, Orlando Florida FSLIC 10.498% 10.498% 31-Mar-89 02-Apr-90 367 599,000 Farmers State Bank, Denton Montana FDIC 10.000% 10.000% 04-Apr-89 05-Jul-89 92 599,000 Bank of Horton, Horton Kansas FDIC 10.500% 10.500% 12-Apr-89 10-Oct-89 181 599,000 Hawthorne Savings and Loan Association, Oceanside California FSLIC 9.750% 9.750% 18-Apr-89 30-Nov-89 226 599,000 First National Ba nk of Glens Falls, Glens Falls Neu York FDIC 9.750% 9.750% 18-Apr-89 30-Nov-89 226 599,000 Exeter Banking Company, Ne w Hampshire FDIC 9.900% 9.900% 18-Apr-89 30-Nov-89 226 $99,000 San Antonio Federal Saving s Bank, Wes laco Texas FSLIC 10.500% 10.500% 03-Apr-89 03-Apr-90 365 599,000 Security Savings and Loan, Chicago Il linois FSLIC 9.950% 9.950% 18-Apr-89 18-Apr-90 365 599,000 Midstate Savings and Loan Associaton, Baltimore Maryland FSLIC 10.100% 10.100% 21-Apr-89 18-Oct-90 545 599,000 first Savings and Loan, Beverly Hills California Reserved Funds FSLIC 10.250% 10.250% 10-Apr-89 03-Jun-91 784 599,000 Franklin Bank, Menlo Park California FDIC 10.00% 10.00% 17-Apr-89 16-Oct-89 182 899,000 Sterling Savings and Loan, Irvine Cal ifornia R eserved Funds FSLIC 10.250% 10.250% 10-Apr-89 02-Dec-91 966 599,000 51,992,992 Page 2 Continued Government Securities as of May 31, 1989 ***Treasury Notes*** Years to Rates Purchase Maturity Maturity Years to Par Coupon Yield Date Date --------- at Purchase ------------- Maturity ------------ Value ------------ ------------------ 8.875% -------- 7.470% ----------- 11-Mar-86 - 15-Feb-96 9.94 6.72 5230,000 8.875% 9.067'/ 02-Dec-88 30-Nov-90 1.99 1.50 5250,000 9.375% 9.630% 28-Feb-89 28-Feb-91 2.00 1.75 5200,000 5680,000 ***Repurchase Agreements*** Average Purchase Maturity Par Institution Yield Date Date Value ------------------------------------------------------------------------------------ Central Bank 9.170% 12-Oct-88 Open 5710,000 Prudential Bache 9.650% 20-Dec-88 Open 52,000,000 52,710,000 ***GNMA~S*** Years to Estimated Purchase Maturity Maturity Years to Principal Pool Coupon Yield Date Date at Purchase Maturity Outstanding ------------------------------------------------------------------------------------------ 5803 8.000% 8.480% 14-Nov-86 15-Oct-05 19.10 17.00 545,581 13003 8.000% 9.500% 24-Oct-86 15-Oct-06 20.20 18.00 570,581 14659 8.000% 9.200% 24-Oct-86 15-Jan-07 21.20 19.00 572,779 Avg Yield 9.138% 5188,941 ***U.S. Savings Bonds*** Years to Issue Maturity Maturity Years to Book Maturity Series Yield Date Date at Purchase Maturity Value ------ Value ----------- ------ EE ---------- 7.170% ----------- 01-Oct-86 ----------- 01-Oct-96 ------------ 10.00 ------------ 7.34 - - ------ 516,884 ------------ ------------ 530,000 ----------- ----------- ***Federal Agency Discount Notes *** Days to Purchase Maturity Maturity Days to Book Maturity Yield Date Date at Purchase ------ Maturity ------------ Value ------------ Value ----------- FHLB ---------- 10.120% ----------- 27-Mar-89 ----------- 28-Jun-89 ------ 93.00 28.00 5243,716 5250,000 FHLB 9.239% 15-Dec-88 06-Jun-89 173.00 6.00 5239,512 5250,000 FHLB 9.704% 09-Mar-89 02-Jun-89 85.00 2.00 5146,685 5150,000 FHLB 10.353% 03-Apr-89 30-Nov-89 241.00 183.00 5233,816 5250,000 FHLB 10.069% 05-Apr-89 01-Dec-89 240.00 184.00 5234,300 5250,000 FHLB 9.851% 19-Apr-89 20-Oct-89 184.00 142.00 5238,168 5250,000 FHLB 9.940% 20-Apr-89 26-Oct-89 189.00 148.00 5950,965 51,000,000 FHLB 10.060% 23-Mar-89 13-Jun-89 82.00 13.00 5977,906 51,000,000 FHLB 9.981% 03-Mar-89 23-Aug-89 173.00 84.00 5238,707 5250,000 FHLB 9.350% 25-May-89 25-Aug-89 92.00 86.00 5250,000 5250,000 FHLB 9.400% 25-May-89 25-May-90 365.00 359.00 5500,000 5500,000 FHLB 9.373% 17-May-89 22-Sep-89 128.00 114.00 5484,089 5500,000 FHl6 9.422% 17-May-89 18-Aug-89 93.00 79.00 5244,139 5250,000 - - 54,982,003 ----------- ----------- 55,150,000 ------------ ------------ Total 58,577,828 6/5/89 slml invtr905 Page 3 • / ~~ ~,GENDA (1 Ufi" REGUItAR P~EETIAIG h~. VAIL R2ETROPOLITAPd RECREATION DISTRICT BOARD OF DIRECTORS WEDNESDAY, JUNE 14, 1989 3000 PAY - VAIL COUNCIL CHAMBERS 1. Call to order - 3:00 PM 1 min 2. Approval of Minutes, May~19, 1989. 1 min` (see attached) 3. Financial report - Brian Jones 7 min 4. Swimming Pool - Jim Morter 15 min Design Schedule - see attached 5. Tennis 15 min A. Ford Park Construction update B. Pierce - request for additional compensation (see attached letter) 6. VMRDjrecreation plan 15 min (bring packet from previous month) 7. Barb Masoner Report 10 min a) Volleyball Courts b) Running Track c) Vail Lacrosse Tournament 8. Symphony of Sports 1990 update - Ceil Folz 7 min 9. Jerry Ford Invitational Tournament Contract 10 min 10. Dodson Report: a) Insurance Liability - preliminary discussion b) Set meeting date for joint VMRD/TOV sub committee c) Burglar alarm Clubhouse restaurant & Starter House 11. Approval of PO°s 5 min 12. Adjournment: Attachments> Minutes 5/19/89 Design Schedule - swimming pool - Morter Bill Pierce letter JFI 1989 Contract Lever Brother letter - FYI Gregory Jenkins letter - FYI CWGA - FYI Womens Golf Association - FYI TOV survey results - FYI .. FFII.AAT~ REG~JLAR M~~3G VAS, P~~F~I~`I~Id FtDC~TICQd DI.S°IRIC°r MAY 19, 1989 CALL ~ : Ken Wilson, George Knox, Tim Garton, Gail Molloy Merv Lapin Pat ~cLson The meeting was called to order at 3:25 PM. APF~AL OF Aq.IId~Y~ o Molloy noted the Winston Report should review the TOV/VMRD contract for loop holes. Molloy moved to approve the Minutes of April 24, 1989 with the stated change, second by Knox, passed unanimously. FIl~CIAL : Brian Jones and Steve Tho~ig~son join the meeting. See hand out from Jones. Thomason feels VMRD is right on with the budget projections. The board likes the new format. VDTJ~'VR7~TT. ~~: Barb Masoner joins the meeting 3:47 PM. See hand out from Masoner. June 24 & 25, 1989 is the King of the Mountain Volleyball Tournament - i.e. the rush to get the courts rebuilt which were removed frcan Golden Peak. The courts will be built at the end of the athletic field. DRB wants a bigger berm to provide a visual barrier to the court, sod on the berm and drainage. VA will not pick up this additional cost. Dodson stated possibly Ben can mitigate saw of these costs . This project has been submitted as a TOV Capital Improvement Project request. Matt Carpenter joined the meeting. He wants to develop a ruruiing track around the athletic field. This work could be incorporated with the construction of the new volleyball courts. Dodson stated there is enough rocnn to aerate the golf course, running track, and VB courts. The VB courts can be constructed without interfering with the track. Et~ie Nott joins the meeting. She supports the expansion of the running track. Diane Donovan joins the meeting. She stated the proposed location of the VB court will fail due -to lack of parking. The noise of VB courts next to a golf course is not appropriate. Space should remain as buffer between the golf and soccer field. Wilson stated the goals of VMRD and the c~ununity will be different whether or not the pool is built. Ron Phillips stated the bo ard could do two s~rios of the study - 1 with the pool and 1 without. Wilson wanted to know if there i s an urgency to co~~lete this study? Dodson stated it is a necessary tool that will help the .staff manage the District per' the conuminity and Bo ard. Chris Cares stated this is a management tool. The gathering of information and the data. base is in place and he does not feel additional surveys are needed. The Boar d wants to discuss this item again after they have had a chance to review the revised proposal. VOTT~:Y~T~, (QCg~I'~7F~) : 4:51 F~! Ron Phillips joins the meeting. Garton asked Phillips if at some later date will the TOV request or require parking on the propo`~ed VB site next to the athletic field. Phillips stated the council was concerned about the parking. If the parking becomes a problem it would need to be solved. Phillips stated it is not VMRD°s responsibility to police street parking. If VMRD feels the existing parking lot at the athletic field is adequate, then build the courts at this location. Knox made a motion to have staff investigate placing the VB counts at Golden Peak and determine how much sand problem there would be, secorxi by Wilson, passed unanimously. F'C~2D PARK TE~dIS: FY-ank Payne and Bill Pierce join the meeting. (See attached Dodson memo) . Dodson stated a lame electrical line has been located on the tennis court site. To move it is estimated to be $15,000. He met today with Holy Crass and if the line is 2' below the grade of court the line would not ne~3 to be moved. We would then need to give Holy Cross an easement. The Board wants to proceed with the project and put it out for bid. A maxim~un of $375,000 budget was set. Peter Patten stated the PEC approved 5-0 this project with the following conditions: VMRD Pay: A) spot lights on eves to light path VMRD Pay: B) Existing path from snag dump to amphitheater - extend to the east lot and pave. VMRD Pays C) Conduit under pedestrian path for future lights The Board wants the question of can the women hold 2 tournaments in 1 year -Ladies Invitational and Colorado Woanens Golf Ass~iation put on the June agenda. A~rIZONAL I'I~: ADJCP: VAIL AMBASSADOR is Garton stated the Vail Rotary Club will be taking on this program.. The TOV promised $5, 000 for this program ar~i Garton would like to get this money frcxn them. Put it on the joint TOV/VMRD sub connnittee agenda. TOV SLJS ADVII~'IS~F1'S : The board approved 6 months of ads for the Ice Arena, FOLZ Ta NY: The Board approved $400 for Folz aril her husband to go to NY for the Caress Symphony of Sports premiero RF~TAURAI~r EI4PIDYEE,S : The Board wants restaurant employees to pay for golf passes like the general public pays -all up front. Approved by the Boar<l Meeting adjourned at 6:46 PM Gail Molloy, Secretary ®RTEARCHITECTS AGENDA DESIGN SESSION June 19 - 23, 1989 VAIL AQUATIC CENTER Vail, Colorado MONDAY, JU NE 19, 1989 9:00 a.m. - 10;30 a.m. MEETING WITH BOARD, TASR FORCE -Review, revise, confirm buil- ding program -Discuss each person's concerns -Review slides of Heery projects and other facilities 10:30 a.m. ~ Design Team Begins 1:30 p.m. Meet with Barb Masoner y TUESDAY, JUNE 20, 1989 ALL DAY Design Team WEDNESDAY, JUNE 21, 1989 9:00 a.m. - 11:00 a.m. MEETING WITH BOARD, TASK FORCE Review progress, give input 11:00 A.M. - ON Design Team back to work 1:30 p.m. Meet with fire and police chiefs 2:30 p.m. Meet with Vail Valley Foundation and Alpine Garden represen- tatives THURSDAY, JUNE 22, 1989 - ALL DAY Design Team working • ~- ~ ~ 11:00 a.m. ~ - Meet with Design Review• Board , Planning Commission • FRIDAY, JUN E~23, 1989 _ mr.., ~ , .. ~,,:;!N s. -..9 : 0 0 a . m . -.,:.11:0 0 a . m - MEET WITH BOARD, TASK FORCE Wrap-up session 11;30 a.m. Lunch at Satch's 12:30 p.m. ~ First tee ,. ... 1989 JERRY FORD INVITATIONAL TOURNAMENT AGREEMENT THIS AGREEMENT is entered into on the day `of , 1989, between the Vail Metropolitan Recreation District, a Colorado Special District, hereinafter referred to as the '1District°° and the Jerry Ford Invitational Golf Tournament, a Colorado not for profit corporation, hereinafter referred to as the "Tournament °° . WHEREAS, the District is the owner and operator of the Vail Municipal Golf Course, hereinafter referred to as the "Course", and WHEREAS, the District is willing to donate the Course to the Tournament for its use for the 1989 Jerry Ford Invitational Tournament, hereinafter referred to as the "Invitational'°, for the period of time and under the terms and conditions set forth below; Parties mutually agree as follows: 1. The District shall donate to the Tournament for its use the Course on July 29, 30, 31 and August 1, 1989. 2. The District will donate to the Tournament without charge the use of its golf cart fleet for the Invitational under the following terms and conditions: A. No later than ten (10) days prior to the start of the Invitational, the Tournament will provide the District with a schedule indicating the name and title of persons who will be allowed to use said-carts and the-times when said carts will be needed. B. The District shall have the sole and complete control of scheduling all golf carts for the use of the Invitational and shall have full responsibility and control of all maintenance of said carts. 3. All materials used to mark the Course during the Invitational will be supplied by the Tournament, solely at its of such cleanup shall be included in the negotiated fee paid by the Tournament for use of Clubhouse or Restaurant. 11. The Tournament shall be responsible for the press room's physical requirements (typewriters, phones, carpeting, furnishings, etc.) and the setting up and :tearing down. The press room will be located in the northeast section of the cart garage. 12. The driving range and starter house will- be open throughout the Invitational at normal rates. The District shall make available to the general public tee times not used by Tournament on July 29 and after Invitational players have completed tee-off on July 30 & 31 and August 1, 1989, but shall not allow such use to interfere with Tournament's use. 13. The Tournament shall defend, indemnify, and hold harmless the District, its agents and employees against any liability or claim, whether for injury to persons, including death, or damage to property, occurring or arising out of the use of the Course during the Invitational, except if caused by any willful or negligent act or omission by the District, its agents or employees. 14. The Tournament shall obtain a combined single limited liability insurance certificate in the amount of one million dollars ($1,000,000) exclusively for the Invitational which certificate shall cover bodily injury and property damage. The District shall be named an additional named insured on the certificate. 15. The Tournament agrees not to assign its rights in this Agreement, in whole or in part without obtaining the written consent of the District. 16. The Tournament will submit to the District a financial statement by October 31, 1989, showing receipts and disbursements and assets and liabilities in reasonable detail. COLORA00 WOMEPd'S GOLF ASSOCIATIOW 5655 5. Yosemite Suite 101; Englewood, CO 80111!779-4x53'1-B00-228-d615 May 26, 1989 Mre Patrick Jo Dodson Recreation Director Vail Metropolitan Recreation District 292 West Meadow Drive Vailp Colorado 81657 Dear Mre Dodson9 The Colorado Women's Golf Association is very pleased that the VMRD board and golf sub committee have agreed to host the 1990 Stroke play championship at Vail Golf Cluba The dates you offered of June 12913p14, 1990 with the practice round being on Monday June 11 will fit perfectly into our tournament scheduled Thank you for reducing the green fees for the tournament to ~S per player9 per days I understand that the practice round is charged at the regular green fee rate of DSO for those participants who practice on Mondayo Again9 we thank you for your generosity in reducing the green fee and hosting one of Colorado's most important golfing events for womeno I will be playing in the Vail Invitational in a few weeks and will contact Steve Satterstrom at that timed The 1990 CWGA tournament director will contact Steve in the Fall of this year to discuss the detailse Thank you for supporting eroomen' s golf ! - Sincerely, Marjorie Ae Genova CWGA Long Range Planner copies toe Mre Steve Satterstroma Head Golf Pr ofessional9 Vail Mse Gail Crowderp CWGA Vice F•resident9 Vail Established 1916 VAIL WOMEN'S GOLF ASSOCIATION P. O. Box 2667 Vail, Colorado 81658 May 9, 1989 The VMRD Library Building Vail, CO 81657 Dear Mr. Dodson and Members of the Board: As the President of the Vail Women's Golf Association, I am writing to express the thoughts and feelings of the VWGA and the Executive Board regarding the option you gave the V4dGA to have either our Ladies Invita- tional OR the CWGA Stroke Play Tournament in June of 1990. We believe this decision, whether or not to allow the CWGA Tournament to be played eti Veil, is one that should be made by the VMRD. We would like to continue to hold the VWGA Ladies Invitational Tournament next season and many following. The women who play come to Vail from the Sunbelt states, the East Coast, and the West Coast. They enhance the Summer image of Vail when they return to their homes~• and add to our June revenues. They return with their friends and they spread the word far and wide. It is a fun tournament for our Locals and their guests. It is good for the Town of Vail during the off season. The continuity is very important because we do not want to lose interest or your support. The CWGA Stroke Play Tournament, we are told, is a tournament that the VMRD told the CWGA they could have at Vail once every ten years. we feel you should honor your word. The Tournament is the Womens' Championship for the State of Colorado. It will attract the finest women golfers' in the State of Colorado and it is an honor that Vail was selected to host the tournament once every ten years. It could be an excellent way to further enhance the marketing, advertising, and image of golf in Summer Vail. At a time when the Town of Vail is spending millions of dollars to promote Summer Vail, how can you afford to turndown the Colorado Women's Golf Association, it's members, member clubs and the Vail Women? This could be an excellent drawing card and one of the best promotions the Town of Vail could have. The other fact we need to bring-up is the VMRD assertion that the Men's Golf Association has four days of tournaments, therefore, the Women's should only have four. This sounds very fair of the Board, until we stop to realize that in fact the Women's Please see Page Two. May 9, 1989 Page two of two. Vail Metropolitan Recreation District Vail, CO tournament plays' four days for five hours on the weekdays. The Men's tournaments close the course for two weekends or 48 hours. Based on these numbers, there should be plenty of time available for the CWGA Stroke Play Tournament next season. Thank you in advance for your fair and reasonable consideration from the many members of the Vail Women's Golf Association. Sincerely, ~~~ ~~ nn C. Mardis President cc: the ~yembership CIT1( HALL ~Il~y ®~ ~~'C~~~y 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 353-6123 June 13, 1989 RECD J U N 1 6 1989 Dear Mayor and Councilmembers: I am seeking your support of my candidacy for the Colorado Municipal League executive board position representing cities with over 50,000 population. I have served on the Greeley City Council since 1983 and as Mayor Pro-Tem since 1987. Since 1984, I have served on CML Executive Board. I have served as Secretary, Vice President, and President (1987-1988), as well as a member of the Policy Committee and the Executive Board Subcommittees on Insurance, Retirement Plans, and Transportation. I represented CML on the Governor's Unified Housing Task Force and have actively lobbied for CML's position with state legislators. Presently, I am the Interim Chair of the National League of Cities University Community Caucus and serve on the Human Development Policy Committee. I served on the Governor's Statewide Transportation Round Table, and the Legislature's Vision Colorado 2000 Committee. I believe that my record proves my intense interest in CML as well as my dedication, abilities, and experience. I am willing to put forth the time and effort it takes to represent your city. Your vote would be deeply appreciated. I look forward to visiting with you at the conference. Sincerely, David H. Werking Mayor Pro-Tem ~%~,7~ l~~.~~y .ems„ ~6~