The URL can be used to link to this page

Home My WebLink About1989-12-19 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, DECEMBER 19, 1989 7:30 p.m. AGENDA 1. Ordinance No. 31, Series of 1989, second reading, an ordinance amending sections of Chapter 18 of the Vail Municipal Code and repealing and re-enacting Section 18.58.310, Short Term Rental Accommodation Unit of the Municipal Code to provide for bed and breakfast operations under certain provisions and circumstances and to define bed and breakfast and setting forth details in regard thereto. 2. Ordinance No. 32, Series of 1989, second reading, an ordinance making supplemental appropriations from the Town of Vail general fund, Booth Creek local improvement district fund, Communities for Drug-Free Eagle Valley fund, special parking assessment fund, Vail marketing fund, Lionshead Mall assessment._~istrict fund, and the real estate transfer tax fund, of the 1989 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. 3. Resolution No. 63, Series of 1989, a resolution appointing a Municipal Court Judge for a term of two years. 4. Resolution No. 64, Series of 1989, a resolution approving a contract for the purchase of Lot 1, Block 6, Vail Intermountain subdivision; and setting forth details in regard thereto. 5. Resolution No. 65, Series of 1989, a resolution approving an assignment of a purchase contract for the purchase of Berry Creek 5th Filing; and setting forth details in regard thereto. 6. Action on Vail Metropolitan Recreation District Tennis Court Ground Lease CITIZEN PARTICIPATION 7. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, DECEMBER 19, 1989 7:30 p.m. EXPANDED AGENDA 7:30 1. Ordinance No. 31, Series of 1989, second reading, creating Peter Patten regulations for bed and breakfasts in the Town of Vail Action Requested of Council: Approve/deny/modify Ordinance No. 31, Series of 1989, on second reading. Background Rationale: The staff, PEC, and Council have been working on bed and breakfast regulations since February 1988. In March of 1989, Council remanded Ordinance No. 2, Series of 1989, back to the PEC upon second reading. We held a PEC/Council joint work session in September 1989 in which the issues were agreed upon. PEC has recommended unanimously to Council that the revised ordinance (No. 31) be adopted. Staff Recommendation: Approve Ordinance No. 31, Series of 1989, on second reading. 7:45 2. Ordinance No. 32, Series of 1989, second reading, regarding Steve Barwick a supplemental appropriation to the Town budget Action Requested of Council: Approve/deny/modify Ordinance No. 32, Series of 1989, on second reading. Background Rationale: This is an ordinance making supplemental appropriations from the 1989 Town of Vail general fund, real estate transfer tax fund, Booth Creek local improvement district, Communities for a Drug-Free Eagle Valley fund, special parking assessment fund, Vail marketing fund, and the Lionshead Mall assessment district fund. The majority of the dollar amount of this supplemental appropriation is related to the financing of the Village parking structure addition. Staff Recommendation: Approve Ordinance No. 32, Series of 1989, on second reading. 8:00 3. Resolution No. 63, Series of 1989, appointing Buck Allen as Larry Eskwith Municipal Judge for two years Action Requested of Council: Approve/deny/modify Resolution No. 63, Series of 1989. Background Rationale: The Municipal Code requires that the Municipal Judge be appointed by resolution of the Town Council. Staff Recommendation: Approve Resolution No. 63, Series of 1989. 8:10 4. Resolution No. 64, Series of 1989, approving the purchase Larry Eskwith contract for Intermountain swimming pool site Ron Phillips Action Requested of Council: Approve/deny/modify Resolution No. 64, Series of 1989. Background Rationale: The purchase of this property will permit the Town to remove the old swimming pool structure presently on the property and turn the property into open space/park land. Staff Recommendation: Approve Resolution No. 64, Series of 1989. 8:25 5. Resolution No. 65, Series of 1989, approving the contract Larry Eskwith assignment for the purchase of the Berry Creek 5th Filing Ron Phillips Action Requested of Council: Approve/deny/modify Resolution No. 65, Series of 1989. Background Rationale: This assignment will enable the Town of Vail to close on Berry Creek 5th Filing on January 5, if all conditions of the assignment and the underlying contract are fulfilled. Staff Recommendation: Approve Resolution No. 65, Series of 1989. 8:50 6. .Action on VMRD Tennis Court Ground Lease Larry Eskwith Action Requested of Council: Approve/deny the lease agreement. Background Rationale: The VMRD wishes to build a tennis complex on TOU property. They wish to use a lease purchase agreement to finance the project. The lender (lessor) is requiring a ground lease from the Town as security in the event VMRD defaults on their lease payments. 9:05 CITIZEN PARTICIPATION 9:15 7. Adjournment ,..~ -2- P. `~ ~I'O: Town Council FROM: Community Development Department DATE: November 30, 1989 SUBJECT: Bed and Breakfast Ordinance No. 31, Series of 1989 At their November 13, 1989 meeting, the Planning and Environmental Commission unanimously recommended approval of the new ordinance regulating Bed and Breakfasts. The Planning and Environmental Commission set a deadline for Bed and Breakfasts to receive a Conditional Use Permit of 6 months after ordinance adoption (Section 18); added Single Family and Two Family to the Special Development District Section (Section 15) and changed the word "accommodation unit" to "bedroom" in Section 17 B(1). They also incorporated the revisions as discussed with Council at the September 12, 1989 worksession. (See attached November 13 memo to PEC). We feel that the proposed ordinance incorporates all of the concerns the Council and Planning and Environmental Commission have expressed. .-~ w r TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 1989 SUBJECT: Bed and Breakfast Regulations I. BACKGROUND On September 12, 1989, the Town Council and Planning Commission held a joint worksession with the planning staff to come to a consensus on the final direction of Bed and Breakfast regulations. A number of issues that had previously troubled the Town Council were resolved at this meeting. There was a consensus that there should be regulations regarding Bed and Breakfasts, that a Bed and Breakfast use has characteristics differentiating it from short term rentals, and that neighbors and condominium associations should be required to approve in writing a Conditional Use Permit application for a Bed and Breakfast when common property is involved. It was also agreed at the September meeting that a parking requirement 6f 1 space for the first bedroom, plus one-half space for each additional bedroom, plus one space for the Bed and Breakfast proprietor was appropriate. Furthermore, there was general agreement that Multi-family zone districts were acceptable locations for Bed and Breakfasts as long as the parking requirements are met. It was emphasized that the parking proposed to meet the requirement must be reserved and designated for that condominium or townhouse only. Finally, the PEC and Town Council agreed that signage would be restricted to one residential name plate sign as currently allowed in all residential areas. This type of sign cannot contain any advertising and is restricted to one-half square foot per Single Family or Duplex structure or one- half square foot for each Multi-family unit. II. THE PROPOSAL Attached, please find a copy of formerly proposed Ordinance No. 31 of 1989 dealing with the regulation of Bed and Breakfasts. This is the .ordinance that the Council rejected on second reading on March 21, 1989 to re-discuss the issue with the Planning Commission. I have made revisions to this ordinance as per the agreements reached at the September 12th joint worksession. As now proposed, the ordinance: o allows B&B's to be located in zone districts allowing multi- family dwelling units (Sections 4 - 15). o continues to require B&B's to receive a Conditional Use Permit. .r o amends parking requirements as stated above (Sections 17 (B) 1) . o allows for a residential name plate sign only (Section 17(B)4). ~• Ik. o requires the written approval of other property owners when a B&B proposes the use of property or facilities owned in common or jointly with other property owners (Section 17 (B) 5) . o provides a procedure for violations and Conditional Use Permit revocation (Section 17 (C)). III. STAFF RECOMMENDATION While the staff continues to disagree that Bed and Breakfasts are appropriate in Multi-family zone districts, we feel it is imperative for the Town to adopt legislation allowing Bed and Breakfasts to legally operate in Vail. The staff is strongly in favor of Bed and Breakfasts as an efficient use of residential units in a resort community. Bed and Breakfasts often provide a high quality and low cost accommodation alternative in resort areas and we feel they can be a very positive addition to Vail's lodging community. However, we cannot endorse locating Bed and Breakfasts in higher density housing developments due to the potential negative impacts to surrounding owners as well as the general lack of ambiance these Bed and Breakfasts would tend to provide. Nevertheless, we recommend that the Planning and Environmental Commission recommend approval to the Council of the revisions to Ordinance No.2 Series of 1989, in an effort to adopt responsible regulations supporting Bed and Breakfasts in Vail. r k, ORDINANCE NO. 31 Series of 1989 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 18 OF THE VAIL MUNICIPAL CODE AND REPEALING AND RE-ENACTING SECTION 18.58.310, SHORT TERM RENTAL ACCOMMODATION UNIT OF THE MUNICIPAL CODE TO PROVIDE FOR BED AND BREAKFAST OPERATIONS UNDER CERTAIN PROVISIONS AND CIRCUMSTANCES AND TO DEFINE BED AND BREAKFAST AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to allow bed and breakfast operations under certain conditions and in certain locations within the Town of Vail; and WHEREAS, the Town Council finds that bed and breakfast operations operated under certain conditions provide high quality and desirable lodging appropriate for a resort community; and WHEREAS, policies within the Town of wail Land Use Plan support the provision of high quality lodging utilizing existing facilities; and WHEREAS, the Planning and Environmental commission has reviewed and recommended changes to the zoning code to accommodate bed and breakfast uses as contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: ._g Section 1. Section 18.10.030 Single Family (SFR) District--Conditional Uses shall be amended to add the following: G. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 2. Section 18.13.030 Primary/Secondary (P/S) District--Conditional Uses shall be amended to add the following: F. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 3. Section 18.14.030 Residential Cluster (R/C) District--Conditional Uses shall be amended to add the following: H. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. J Section 4. Section 18.16.030 Low Density Multiple Family (LDMF) District-- Conditional Uses shall be amended to add the following: H. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 5. Section 18.18.030 Medium Density Multi-Family (MDMS) District-- Conditional Uses shall be amended to add the following: L. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 6. Section 18.20.030 High Density Multiple Family (HDMF) District-- Conditional Uses shall be amended to add the following: L. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 7. Section 18.22.030 Public Accommodation (PA) District--Conditional Uses shall be amended to add the following: O. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 8. Section 18.24.060 Commercial Core I (CC1) District--Conditional Uses - Generally shall be amended to add the following: E. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 9. Section 18.26.040 Commercial Core II (CCII) District--Conditional Uses - Generally shall be amended to add the following: H. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 10. Section 18.27.030 Commercial Core III (CCIII) District--Conditional Uses shall be amended to add the following: P. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. 2 ection 11. Section 18.28.040 Commercial Service Center (CSC) District-- Conditional Uses shall be amended to add the following: K. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 12. Section 18.29.030 (A) Arterial Business District (ABD)--Conditional Uses shall be amended to add the following: BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 13. Section 18.39.050 (A) Ski Base/Recreation District--Conditional Uses shall be amended to add the following: 12 BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.5$.310. Section 14. Chapter 18.40 Special Development District of the Vail Municipal code shall be amended to add Section 18.40.160 as follows: Section 18.40.160 Bed and Breakfast--Conditional Use Permit ANY SPECIAL DEVELOPMENT DISTRICT CONTAINING MULTI-FAMILY, SINGLE FAMILY OR TWO FAMILY DWELLINGS SHALL BE ALLOWED TO APPLY FOR A -~ BED AND BREAKFAST CONDITIONAL USE PERMIT ACCORDING TO CHAPTER 18.60 AND AS FURTHER REGULATED BY SECTION 18.58.310. Section 15. Section 18.09.030 Hillside Residential (HR) District--Conditional Uses shall be amended to add the following: E. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 16. Section 18.58.310 Short Term Rental Accommodation Unit shall be repealed and re-enacted as follows: Section 18.58.310 BED AND BREAKFAST OPERATIONS A. DEFINITION BED AND BREAKFAST MEANS A BUSINESS WHICH ACCOMMODATES GUESTS IN A DWELLING UNIT IN WHICH THE BED AND BREAKFAST PROPRIETOR LIVES ON THE PREMISES AND IS IN RESIDENCE DURING THE BED AND BREAKFAST USE. A BED AND BREAKFAST OPERATION MAY SHORT TERM 3 ~, RENT SEPARATELY UP TO 3 BEDROOMS OR A MAXIMUM SQUARE FOOTAGE OF 900 SQUARE FEET OF THE DWELLING UNIT. BED AND BREAKFAST OPERATIONS SHALL ONLY BE PERMITTED TO ACCOMMODATE A FAMILY AS DEFINED IN SECTION 18.04.110. B. LOCATION AND CRITERIA BED AND BREAKFAST OPERATIONS MAY BE ALLOWED AS A CONDITIONAL USE IN THOSE ZONE DISTRICTS AS SPECIFIED IN TITLE 18 OF THE VAIL MUNICIPAL CODE. IF PERMITTED AS A CONDITIONAL USE PURSUANT TO CHAPTER 18.60 OF THIS CODE, BED AND BREAKFAST OPERATIONS SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. OFF STREET DESIGNATED PARKING SHALL BE REQUIRED AS FOLLOWS: 1 SPACE FOR THE OWNER/PROPRIETOR PLUS 1 SPACE FOR THE FIRST BEDROOM RENTED PLUS 1/2 SPACE FOR EACH ADDITIONAL BEDROOM RENTED. 2. ENCLOSED TRASH FACILITIES AND REGULAR GARBAGE REMOVAL SERVICE SHALL BE PROVIDED. 3. REMOVAL OF LANDSCAPING FOR THE PROVISION OF ADDITIONAL PARKING IS STRONGLY DISCOURAGED. 4. EACH BED AND BREAKFAST SHALL BE ALLOWED ONE RESIDENTIAL --~ NAMEPLATE SIGN AS DEFINED AND REGULATED BY THE TOWN OF VAIL SIGN CODE. 5. IF A BED AND BREAKFAST OPERATION SHALL USE PROPERTY OR FACILITIES OWNED IN COMMON OR JOINTLY WITH OTHER PROPERTY OWNERS SUCH AS PARKING SPACES OR A DRIVEWAY IN DUPLEX SUBDIVISION, BY WAY OR EXAMPLE AND NOT LIMITATION, THE WRITTEN APPROVAL OF THE OTHER PROPERTY OWNER, OWNERS, OR APPLICABLE OWNER'S ASSOCIATION SHALL BE REQUIRED TO BE SUBMITTED WITH THE APPLICATION FOR A CONDITIONAL USE PERMIT. C. VIOLATION IF THE DIRECTOR OF COMMUNITY DEVELOPMENT DETERMINES THAT THE PROVISION OF THIS SECTION 18.58.310 OR ANY CONDITION OF THE CONDITIONAL USE PERMIT ARE BEING VIOLATED, HE SHALL GIVE NOTICE OR REVOCATION TO THE BED AND BREAKFAST PERMITTEE IN WRITING DESCRIBING IN REASONABLE DETAIL THE VIOLATION ALLEGED TO HAVE BEEN COMMITTED OR TO EXIST AND SHALL SERVE 4 THE NOTICE ON THE PERMITTEE IN PERSON OR BY FIRST CLASS MAIL AT THE ADDRESS LISTED IN THE APPLICATION FOR THE CONDITIONAL USE PERMIT. IF THE PERMITTEE DISAGREES WITH THE DETERMINATION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT A VIOLATION EXISTS, HE MAY APPEAL SUCH DETERMINATION BY FILING A WRITTEN NOTICE OF APPEAL WITH THE TOWN OF VAIL PLANNING COMMISSION NO LATER THAN 30 DAYS AFTER THE DATE OF THE NOTICE OF REVOCATION. AT SAID HEARING THE BURDEN OF PROOF SHALL BE WITH THE COMMUNITY DEVELOPMENT DIRECTOR TO PROVE THE NOTICE OF REVOCATION BY A PREPONDERANCE OF THE EVIDENCE. AFTER THE HEARING, THE PLANNING COMMISSION SHALL CONFIRM OR REVERSE THE NOTICE OR VIOLATION ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT. IF ANY PERMITTEE FAILS TO EXERCISE THE RIGHT OF APPEAL TO THE PLANNING COMMISSION, THE NOTICE OF APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR SHALL BE CONSIDERED A FINAL ORDER OF THE PLANNING COMMISSION REVOKING THE CONDITIONAL USE PERMIT. Section 17. Compliance It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the .Planning and Environmental Commission after June 12, 1990 or to operate in violation of any of the provisions of the Vail Municipal Code. Section 18. Discontinuance Any bed and breakfast operation which is discontinued for a period of twelve months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform with the provisions of this title. Section 19. The Town Council, the applicant, adjacent property owner or the Town Manager, may appeal/call up to the Town Council for review any decision made by the Planning and Environmental Commission regarding a Conditional Use Permit for Bed and Breakfast as per Section 18.60.070. Section 20. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall 5 .. ~. 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 21. 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 22. 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 re-enacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of .._~ 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 ATTEST: 1989. Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 6 ORDINANCE NOa 32 Series of 1989 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, BOOTH CREEK LOCAL IMPROVEMENT DISTRICT FUND, COMMUNITIES FOR DRUG-FREE EAGLE VALLEY FUND, SPECIAL PARKING ASSESSMENT FUND, VAIL MARKETING FUND, LIONSHEAD MALL ASSESSMENT DISTRICT FUND,AND THE REAL ESTATE TRANSFER TAX FUND, OF THE 1989 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPIATIONS AS SET FORTH HEREIN. WHEREAS, contingencies have arisen during the fiscal year 1989 which could not have been reasonably foreseen 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: -1- FUND AMOUNT General Fund $1,660,000 Special Parking Assessment Fund 500,000 Real Estate Transfer Tax Fund 3,158,723 Vail Marketing Fund 23,500 Communities for Drug-free Eagle County Fund 11,000 Booth Creek Local Improvement District Fund 373,700 Lionshead Mall Assessment District Fund 21,000 $5,747,923 INTRODUCED, READ AND APPROVED ON FIRST READING THIS 5th day of December 1989, and a public hearing shall be held on this ordinance on the 5th day of December 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail Colorado. Ordered published in full this 1989. day of Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED this 1989. day of Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- RESOLUTION N0. 63 Series of 1989 A RESOLUTION APPOINTING A MUNICIPAL COURT JUDGE FOR A TERM OF TWO YEARS. WHEREAS, Section 2.060 of the Municipal. Code of the Town of Vail provides that the Municipal Court shall be presided over by a Municipal Judge appointed for a term of two years by resolution of the Town Council; and WHEREAS, the Town Council wishes to appoint Cyrus ("Buck") Allen as Judge of the Municipal Court of the Town of Vail for a two year term beginning on January 1, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: That Cyrus ("Buck") Allen is hereby appointed Municipal Court Judge for the Municipal Court of the Town of Vail, Colorado, commencing on January 1, 1990, and continuing until December 31, 1991. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1989. ,..~ Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Cierk RESOLUTION N0. 64 Series of 1989 A RESOLUTION APPROVING A CONTRACT FOR THE PURCHASE OF LOT 1, BLOCK 6, VAIL INTERMOUNTAIN SUBDIVISION; AND SETTING .FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to purchase Lot 1, Block 6, Vail Intermountain subdivision to remove the dilapidated swimming pool structure presently on the property and turn the property into open space/park land; and WHEREAS, the Town Council believes that it would benefit the health, safety, and welfare of the inhabitants of the Town of Vail to purchase the property and turn it into open space/park land. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council approves the purchase contract for Lot 1, Block 6, Vail Intermountain subdivision, a copy of which is attached hereto and made a part hereof. 2. The Town Manager and Town staff are hereby directed to take all actions . ~. necessary to execute the contract. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 4 T. CHARLES OGILBY and TIMOTHY GARTON/THE TOWN OF VAIL - AGREEMENT THIS AGREEMENT is entered into on 1989 by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, ("the Town") and T. CHARLES OGILBY AND TIMOTHY GARTON ("Sellers"). WHEREAS, the Sellers own Lot 1, Block 6, Vail Intermountain Subdivision, Town of Vail, County of Eagle, State of Colorado ("the property"); and WHEREAS, the Town wishes to purchase the property. NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties agree as follows: 1. The Sellers shall convey to the Town and the Town shall purchase the property for a total purchase price of twenty-five thousand dollars ($25,000). 2. The Town shall cause to be prepared and delivered to Sellers an appraisal by a qualified appraiser prior to the transfer of the deed determining the value of the property conveyed in accordance with this Agreement. 3. Title shall be merchantable in the Seller, and the Seller shall execute and deliver a good and sufficient general warranty deed to the Town on or, by mutual agreement at an earlier date, conveying the property free and clear of'all taxes except the general ad valorem taxes for the year of closing, and free and clear of all liens for special improvements, installed :~ as of the date of the Town's signature on this Agreement, whether assessed or not; free and clear of all liens and encumbrances except for easements for telephone, electricity, water, and sanitary sewer. 4. General taxes and all special assessments for the year of closing shall be apportioned to the date of delivery of the deed. General taxes shall be apportioned on the basis of the most recent levy and the most recent assessment. 5. Title insurance shall be obtained and paid for by the Town if desired. 6. All closing costs shall be paid for by the Town. 7. Within two (2) years of the date of closing, the Town shall tear down the structure presently located on the property. 8. The Town shall post a sign on the property indicating that fly fishing only is permitted, and that fishing from the property is catch and release only. 9. Sellers represent and warrant that no known pollution or hazardous waste exists on the property and indemnify the Town for any damages resulting from any such waste or pollution. ~: 10. It is agreed between the parties that the appraised value of the subject property is ( ), but that the Sellers have bargained and sold said property to the Town for the sum of twenty-five thousand dollars ($25,000). The Town thereby acknowledges that they are receiving a bargain purchase in the amount of ). 11. Possession of the property shall be delivered to the Town on the date of closing. 12. Sellers hereby acknowledge having received from the Town an earnest money deposit in the amount of one thousand dollars ($1,000) in the form of a personal check. 13. The purchase price shall be payable as follows: A. One thousand dollars ($1,000) hereby receipted for, and B. Twenty-four thousand dollars ($24,000) payable to Sellers at the time of the transfer of the deed. 14. A. If Sellers are in default of this contract, the Town may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to the Town, and the Town may recover such damages as may be proper, or the Town may elect to treat this contract as being in full force and effect, and the Town shall have the right to an action for specific --S performance or damages, or both. B. If the Town is in default, all payments and things of value received hereunder shall be forfeited by the Town, and retained on behalf of Sellers, and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are liquidated damages, and are Sellers' sole and only remedy for the Town's failure to perform the obligations of this contract. Sellers expressly waive the remedies of specific performance and additional damages.. 15. In the event of any litigation arising out of this Agreement, the court shall award to the prevailing party all reasonable costs and expense, including attorneys fees. . ... , e 16. Each party represents to the other that no real estate broker has any claim for compensation or expenses as a result of this transaction, and each party hereby indemnifies the other against any such claim. -2- r'- .. - 17. This Agreement contains the -entire agreement between the parties-relating to the conveyance and acceptance of the property and may only be modified by an instrument in writing executed by all parties. 18. This Agreement shall bind and benefit the parties hereto, their respective heirs, personal representatives, successors, and assigns. , 19. Except for the terms, conditions, and agreements which are, by their very nature, fully and completely performed upon the conveyance and acceptance of the property, all the terms, conditions, covenants, and agreements contained in this Agreement shall survive the closing, and shall continue after the closing to be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties have signed this Agreement the date above written. TOWN OF VAIL, COLORADO, a Colorado municipal corporation SELLERS Rondall V. Phillips, Town Manager By: .-: ~ T. Charles Ogilby Timothy Garton -3- RESOLUTION N0.65 - Series of 1989 A RESOLUTION APPROVING AN ASSIGNMENT OF A PURCHASE CONTRACT FOR THE PURCHASE OF BERRY CREEK 5TH FILING; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council is aware of the pressing countywide need for recreational facilities and affordable housing; and WHEREAS, the Town Council after considerable investigation and deliberation, believes that the Berry Creek 5th Filing site is an appropriate site for the construction of recreational facilities and employee housing within Eagle County; and WHEREAS, it is also the belief of the Town of Avon and the County of Eagle that the Berry Creek 5th Filing site is appropriate for the development of recreational facilities and affordable housing; and WHEREAS, the Town of Uail, the Town of Avon, and the County of Eagle are in the process of entering into an intergovernmental agreement which would provide that subsequent to any purchase by the Town of Vail of the Berry Creek 5th Filing property, the County will, in the spring of 1990, hold an election which will place the issue of whether or not to increase the countywide mill levy for the construction of recreational facilities and employee housing on the Berry Creek site before the voters of the County of Eagle; and WHEREAS, if the voters of the County of Eagle approve an increase in the mill levy for the construction of recreational facilities and affordable housing, the Town of Vail will convey the Berry Creek 5th Filing property to the County of Eagle for a purchase price equivalent to the amount of money paid by the Town of Vail for Berry Creek 5th Filing and any carrying costs relating to any financing of said purchase; and WHEREAS, subsequent to its purchase by the Town of Vail, should the voters of Eagle County fail to approve a mill levy increase for the construction of recreational facilities and affordable housing, the Town of Vail shall retain title to Berry Creek 5th Filing and will enter into an agreement with the Town of Avon and the County of Eagle which would enable them to purchase co-ownership interests in the property; and WHEREAS, it is the belief of the-Town Council- of the Town of Uail that- purchasing Berry Creek 5th Filing would be a benefit to the health, safety, and welfare of the inhabitants of the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The assignment of the purchase contract for the purchase of the Berry Creek property from George Gillett to the Town of Vail, Colorado, which is attached hereto as Exhibit A, and incorporated herein, is approved. 2. The Town Manager is directed to take all steps necessary to effect the execution of this assignment. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- :.~ ±~.. IC 8/1 BANNER POLES IN THE VILLAGE AND LIONSHEAD (request: Slevin) 8/1 STREET ENTERTAINMENT 8/8 UTILITIES UNDERGROUNDING FOR ARTERIAL BUSINESS DISTRICT 8/8 WEST INTERMOUNTAIN ANNEXATION (request: Lapin) 8/15 VVCWD/TOV LAND CONTRACT 8/15 NO SMOKING ORDINANCE 9/5 CALL UP PROCEDURE FOR PEC AND DRB DECISIONS (request: Steinberg) 10/17 VVF FINANCIAL REPORT 11/7 SURVEY CREW BUDGET ITEM (request: Steinberg/Rose} WORK SESSION FOLLOW-UP STIONS 12/15/89 Page 1 FOLLOW-UP SOLUTIONS PETER: Arrange location and placement of permanent banner poles at any location other than Pepi's and in Lionshead. PAM: No more rock 'n roll. Perhaps no more jazz? KRISTAN: Provide costs to individuals to convert to underground. Provide firm number for TOV's portion by budget time. Inventory all above- ground wiring. LARRY: Proceeding w/legal requirements for annexation. RON: Contract in final stages of negotiation. LARRY/SUSAN: Organize study group to examine voluntary options. r LARRY: Work out wording to disallow the call up procedure for PEC and DRB decisions to be allowed without consensus. RON: Request financial report from UUF. STAN/STEVE: Bring back survey crew issue before hiring. Have asked Ampersand for design for Lionshead east entry. Will explore with Ampersand alternative banner pole locations in Village. Peter checked with Ampersand, and they are working on it. Village issue will be included in the Village Streetscape Plan. Answer on Lionshead by Dec. 22. Review meeting held September 20. Business survey completed. Will be in the mail the week of 12/18. Received letter from New Electric detailing costs for each property. Community Development will write letters to property owners for their response. Council will discuss when we have a response. Peter will report on results of follow-up in Dec. Annexation map is being produced. Susan has completed research and submitted updated plats to Dan Corcoran. Discuss annexing Interstate. Larry communicating with Dan Corcoran. Larry and Jim Collins are working on contract. Kent Rose will meet with VVCWD Board on Dec. 21 to finalize all issues. Group to include Safeway and other retail outlets in their scrutiny. Draft ordinance for public places other than restaurants by Jan. 23. Resolution is being developed. Larry and Peter will have a solution by Jan. 12. Written. Audit is just being completed. Staff discussion on Dec. 4. Will be discussed with Council on Jan. 2. 11/14 SALES TAX FOR FUND RAISING STEVE/DANI: Bring back to Council for more Will be discussed Jan. 9. EVENTS FOR NON-PROFIT ENTITIES discussion. / i ~ TOPIC 11/28 LIONSHEAD REZONING/PARKING (request: Lapin) 11/28 VAIL COMMUNITY TELEVISION GROUP APPOINTMENT 12/1 REPLACE ALPINE STANDARD FLAGS AND REPAIR POLES 12/5 COUNCIL COMPENSATION 12/5 LOCALIZED TOWN MEETINGS (request: Gibson) 12/5 PARKING TASK FORCE (request: Lapin) 12/5 ADOPT-A-CDUNCILMEMBER (request: James Johnson) 12/5 TIME PARAMETERS FOR COUNCIL MEETINGS (request: Rose) 12/5 JIM DOURAS LETTER 12/5 TASK FORCE ON HOUSING (request: Gibson) WORK SESSION FOLLOW-UP ESTION FOLLOW-UP SOLUTION 12/15/89 Page 2 PETER/LARRY: Pursue rezoning to disallow use of parking structure in lieu of providing on-site parking (i.e., L'Ostello, formerly the Enzian). RON: Contact group about the TOV's ability to advertise for volunteers/applicants who can then be appointed by Council. STAN: Arrange for replacement of flags and repair i of poles. LARRY/RON: Explore possibilities for raising compensation of Councilmembers. RON: Time is opportune to call neighborhood, local- ized, limited agenda public meetings. Orchestrate same. CHARLIE/STAN: What happened to organization of volunteers to study parking situation? (COUNCIL: Organize 24-hour adoptee program with citizens in the TOV. (LARRY: Define time procedure for conduct of meetings. RON: Respond in writing for Kent's signature. Review first by Council. Add Councilmember to initial screening committee when negotiations far selection contract take place. RON/CHARLIE: Discuss county-wide task force. Develop formal charge and review possibility of TOV taking lead role. To be presented at first Council meeting in February. Has not yet been done. Public Works completed Dec. 13. The people will be invited to the next scheduled Parking Task Force meeting. Stan has the list of names. Council will discuss in goal setting session Jan. 30. Larry is preparing to present to Council. Letter is being drafted for Kent. Ron is meeting with Com. Dev. staff to outline procedures. 12/15 TOWN OF VAIL HOUSING ISSUE IRON/PETER: TOV needs policies re employee housing. (Peter to bring in a consultant to discuss scope and casts of project on Dec. 26 Work Session. r y, i b TOP 12/5 PUBLIC INFORMATION RADIO STATION (request: Rose) 12/12 TOU HEALTH INSURANCE (request: Lapin) 12/12 CONFUSING STREET NAMES (request: Lapin) 12/12 FRONT-END LOADER FOR MINTURN (request: Rose) 12/12 NWCCOG DUES (request: Rose) 12/12 SKIER SAFETY ACT (request: Rase) 12/12 WORK SESSION FOLLOW-UP (request: Lapin) 12/12 EXPANSION OF FIRE PROTECTION SERVICES (request: Lapin) WORK SESSION FOLLOW-UP 12/15/89 Page 3 FOLLOW-UP SOLUTIONS RON/STAN: Is it possible to work with our low watt- age station and Station 610AM to convince CDOH to allow highway signage even though a minimal amount of sponsor advertising is placed over the air? CHARLIE/CATHIE: Provide bid figures for single & married benefits/coverage to support Lincoln National's selection (detail on permanent dis- ability, short-term, life insurance, etc.) STAN/DICK/PETER/KEN: Although it is a complex and emotional process, should we consider renaming confusing streets? I.E., East/West Meadow Drive, etc. STAN: If we are selling one of ours this spring, contact Town of Minturn for potential sale. STEVE B.: Confirm our annual dues figure. IRON/LARRY/KEN: Contact both Buck Allen and Brian i McCartney regarding implementing the SAA within TOV limits (outside of Forest Service areas) to enable violations to be handled in Municipal Court. RON/CAROLINE: Since the Work Session follow-up has been so helpful to Council, does it make sense for Caroline to provide "update" material to the press from this sheet? RON/DICK: At what point does the TOV need to consider its present fire protection system/ facilities and expansion of those? Met with Bob Moston on Dec. 7 and he will be responding in the near future. Charlie will complete a detailed anayysis with explanations in January. Will be discussed at Interdepartmental next week. A memo will be given to Council with staff's recommendations. Stan talked with Bill Sweeney, and Minturn has first option and price. Dues for 1990 are to be paid in January - $10,260.00. Steve will call NWCCOG to confirm. Internal meeting will take place. Item will be discussed at a future Council Work Session. Staff recommendation is that this not be done. Internal administrative communication between Council and staff only. Many of these items are currently communicated to the public. Research and analysis of requirements being developed. Will discuss recommended steps with Council Jan. 9. 12/12 COUNCIL CHAMBERS AUDIENCE (STEVE B.: Investigate cost of providing inexpensive, Steve will investigate costs, and report to Council in Jan. CHAIRS (request: Levine) yet comfortably padded, chairs far seating. MEMORANDUM REVISED T0: Town Council FROM: Pam Brandmeyer DATE: December 13, 1989 SUBJECT: Committee/Task Force Appointments This is a list of all committees/task forces to which Councilmembers have been appointed or for which they have volunteered. It is my understanding that all assignments run to the next Regular Municipal Election, November 1991. COMMITTEE/TASK FORCE COUNCILMEMBERS 1. NWCCOG Kent Rose Tom Steinberg, alternate 2. URA Jim Gibson 3. Parking/Transportation Merv Lapin Peggy Osterfoss Lynn Fritzlen 4. CAST Kent Rose Tom Steinberg, alternate 5. Swimming Pool/Aquatic Center Rob Levine 6. VMRD/Council Subcommittee Tom Steinberg Jim Gibson 7. Art in Public Places Tom Steinberg 8. Cemetery Peggy Osterfoss 9. TV Translator Rob Levine 10. STOLport Merv Lapin Lynn Fritzlen 11. County Recreation Complex Merv Lapin John Slevin 12. Bravo! Colorado Tom Steinberg PAB/bsc REG'u DEC ~ 3 I~AGLE COUNTY SCHOOL DISTRICT ~~ S®~ P.O. BOX 740 ~ EAGLE, COLORADO 81631 ~ (303) 328-6321 OR 949-5310 PATRICIA C. CONRAN SUPERINTENDENT December 8, 1989 ___- Ron Phillips Town of Vail 75 South Frontage Road Vail, CO 81657 _ Dear Ron, - On behalf of the staff and students of the Red Sandstone Elementary School, I would like to extend the District's appreciation to the Vail Town Council for recognizing the recent Physical Fitness Award received by the Red Sandstone Elementary School. VVe are very proud of the accomplishments of the students at Red Sandstone, and are pleased that other members of the community recognize the importance of this achievement as well. Sincerely, _ ~~ Patricia C. Conran Superintendent ~ - . shk a~' TO: Art in Public Places Board FROM: Kristan Pritz / Community Development Department DATE: December 13, 1989 RE: Upcoming Art in Public Places Board Meeting, December 18, 1989. AGENDA December 18, 1989 8:30 a.m. Small Conference Room, Municipal Building 1. Approval of Minutes for the December 4, 1989 meeting. 2. Conceptual review of the Vail Valley Arts Council mural. 3. Conceptual review of the Bird of Paradise sculpture, Lionshead. Representative of the Lionshead Merchants Association - Joel Fritz 4. Decide on schedule of 1990 AIPP meetings. 5 Update on public art proposals. a. Post Office Meeting b. 10th Mountain Division sculpture. r ~~ 'The week ®f December 8 . ~. t® December 14,1989 `A LIFT-OUT GUIDE TO ENTERTAINMENT THE ARTS & LIFESTYLES IN THE VAIL VALLEY `. ~ ~... ~ r z {} +a~ r ~ ~ - t ,~ > •`. F _-, j~:. R SI~ .4 ~.U~y~~ 1~ ~~~ %ti -.~ i4~~Ct.~' f I .: ~ ~ ti ~ ~ .6' _ ~.' 3 __ lr~ _ ~I Ifs ~ •'`fY.'~~ ~,. - " ~'ul~"~~h ~ Ail-~;,,~'~" r ~ ~y a. - ~ .~.:. ~. kC x t' f = ' V ~'C' ~ 1. --~~ ;.~::a ~_~ ~:: , ._ i .~ ~e+ ~ ~, y «r ~ high, airbrushing T-shirts. ~eWe1Ty dS do dI't Wc1S d fdlrl rddlCdl ldea In He went to Nebraska's Wayne State University to play football and ran 1969 When ~lITl COtter Opened the f1I"St ~d11eI"Y. into an art professor who set him on the path to where he is today. u~ Vail. He 'never blinked, and he's neVel' "t was fortunate to have someone as fOllll~l d Teener dStL1I'e: insightful as he was;' Cotter says of . g p his first art professor. From Wayne State, it was off to the By SCOT KERSGAARD Jim Cotter has done it his way all along and it has worked out OK. He was the first person to open an art gallery in Vail Village, in 1969, and was among the first people anywhere to open an art jewelry gallery. Jewelry as art was a fairly radical idea back then, but Cotter never doubted, never blinked. "It was kind of weird at first. I didn't know anything about how to run a gallery;' Cotter recalls. "I had it figured down to how much I had to sell every day, like I had to sell a $10 ring to survive. It never occurred to me that 1 couldn't do it, so I just did it. It's like my art. It never occurs to me that someone won't like it. I just do it because I believe in it:' The J. Cotter Callery is still in the same space at 234 E. Wall St., al- though he no longer crafts his jewelry there and no longer sleeps there after working himself to exhaustion. More successful today, he owns his gallery space and rents a cavernous but crowded workshop in Minturn where he makes jewelry and small sculp- tures. Things then were interesting, though, in the ways that the good old days always are when they are gone. Vail was a struggling young town and was full of the spirit of people caught up in the act of creating a town and making it work. "Back in those days, in the summertime, there weren't enough people around for a card game. I remember one time - Freddy Felton had a little shop next to mine - I walked over to see what he was doing and there was a note on the door that said 'if you take something, please pay for it' "I can remember George Knox one time - I think it was George -who called me and said there was a whole bus load of people in town and I better come down and open. "Those are the kind of things that used to happen. Somebody would decide to get married instantly and I'd have to stay up all night making therings;'hesays. ... _..__...- _ University of Wyoming for a maste>/s 'Z do miss those days in a way It ~ in sculpture and stone carving. was real intimate. You knew every 'The professor I went to study body, and everybody was kind of '. under took a sabbatical the second passing around the same dollar, week I was there, and I ended up helping each other out." with a graduate student who proba- Cottersays he could tell when ~ bly knew less than I did, so I did all things were slow in town because my master's work in one year;' Cotter locals would wander into his gallery ~Ys• and watch him work or would get a He had taught school brieFly lesson from him in one of the simpler between college and graduate school, aspects of the jewelry trade. i.- and took another teaching job after "I used to work in the front window getting his mastefs. That didn't last and I would look up and there would long as he found there was too much be people watching, locals, late at "paperwork and not enough time with night, getting out of bars. They'd just the students. be standing there looking at me:' He put himself through college by Like a lot of people, especially those malun~ and selling jewelry and sculp- who have been here some time, ~ tural pieces, so when he tired of Cotter landed in Vail through a ' ~~. teaching, it was only natural that he combination of design and happen- ~ turn to art full time. stance. Someone he had sold art to In Vail 20 years ago, Cotter found had told him Vail was the place to be. the demand for his pieces was such Then he happened to pass through on that he had to work long and hard to keep up. That hasn't Changed much except that now he has assistants to help. "I used to work until I couldn't work anymore, then put my head down and sleep, then getup and go again. I remember one Christmas, we sold every- thing -had about two things left on the counter, so I stayed up all night trying to get new things made so I could make it through Christmas;' he says. Then, after recounting that anecdote, the phone Tings at his Mintum studio and he hears that it has happened again 20 years later. Someone has gone into the gallery and practi- callybought the place out. And it isn't just in Vail where his work sells like hotcakes. Cotter's jewelry is sold in about a dozen galleries around the coun- try, with more wanting to represent him. The problem is, we just can't make that much and I `~ refuse to mass produce. It's more his way to California, and he didn't important to make things I enjoy;' he take long incoming back. says. "1 thought it would be interesting to And he does make things he enjoys, be in on the beginning of a town, got constantly exPLoring his medium for many pc~ple have that option. Now, new means of expression. it's turned into a major city;' he says. "Maybe I'm not a traditionalist. I Cotter grew up in a small Iowa like the notion of experimenting. Art town and started doing art in junior is like silence; you are always experi- F x _ + . ,~ ~ ,` ~~ ~,. ~, .J ~ \~ ,. a.~, M : j:'~~ iJ„~ _ -tom .. - menting. Experimenting is the only way to get new things discovered or found;' he says. If art jewe]ry was a new thing 20 years ago, Cotter makes it new constantly even as the idea has gained acceptance. He is now making jewelry of common stones and even of cast conaete. "I don't know anyone else doing cast concrete bowls and jewelry, though there may well be someone. I always say that all art is authentic simulation. It all mmes from some- thing, simulated from everything we've seen. I don't know if there is anything new. It's all interpretation;' he says. His stonewear, as he refers to the jewelry from rocks, was recently featured in a Japanese jewelry maga- zine, though he says he has no idea how they got it. The only words in English were his name, so he doesn't even know what the article says. "there seems to be more respect for art jewelry today. People are bringing in very traditional pieces and having us melt them down and reset the stones. For years the only things you mold sell were pearl stud earrings and simple gold bands. People are ' DECEMBER 8. 1989 -THE VAIL TRAIL'S PASTIMES ~ ~ j -,~i ' -. f ws: r - ~ ~ s; t. ~~- ~ ~: ~ 'zJC,'-~: .. 3 _ .:~r ;; z :<,a<. x ;:?St ~~. 1't. '~'~ it " - Y..4•-~..~x-~~ ~w ,c,tiyx..hr ~'"'"3+~~'rar~ ~~~, r~ ~s ^9 _.+u ,' _ 'i~x - r~+- - ti~ ~ r - ~~~r ~ ~ ... .L `: s.~`- Jlm Cotter rents a cavernous workshop in Mintum where the self-proclaimed "pack rat' creates his jewelry. Photos by M~ha Rawlings. well versed in the arts, and a lot of what I hear is from people who think that most of the art shown in Vail is decorative, and they would like to see more serious works in town," Cotter .says. What the town really needs, says Cotter, is an art museum. And he has some ideas toward that end. "I would love to see Vail have a museum. Aspen has one. There's no reason Vail couldn't have one. I think they're making a real mistake tearing down the old ski museum. I think it would be a perfect place to start a small art museum. 'There's politics involved. Why that has to be tom down, ['ve never really understood. To put a park there? Well, we've got a lot of parks around us. When you have an existing structure, you utilize it until you can afford a better one. That would be a great location, a wonderful location for the arts. It's such a shame that people don't look down the road;' Cotter says. If his idea for putting an art mu- seum in the ski museum space at the intersection of Vail P.oad and West Meadow Drive doesn't fly, he's got another one. He says the berm on the south side of the Vail Village Parking Structure should be tom out and replaced with street level commercial space, includ- ing an art museum. I think it would be a perfect place. I've heard the town doesn't want to get into the retail business but they already charge for parking. That's retail isn't it? That berm serves no purpose;' Cotter says. now more willing to make astate- each other well, but Cotter says Vail is and teach. It was amazing." ment;' says Cotter. still not known for being much of an 'Then there is the saga of the Claes A lot of his jewelry is made of art town, and it is a very difficult l Oldenburg sculpture, offered to the rrI thou ht it wo:ild be g bronze instead of gold. He says the metal breathes and will change in ace for a young artist to get started. p 'To be able to live and work here is town in the early 7980s and turned down after a long bitter fight among inteYeSttng to be t» On the response to the air, looking differerit very difficult because there's no hous- ' townspeople. beginning Of a town. Not in one place than in another. "I d l f ing. There s definitely no studio ace I tell develo should ers the S That more than anything else, accordin to Cotter has i V il .many people have that o a ot o jewelry in bronze. In fact, I'm one of the fortunate people . p y p build some big empty space, like New k g , g ven a a bad reputation in the art world. " ~r OpttOn. who can sell bronze pieces for what a Yor studios, and. et people come in I think the town has lost millions lot of people sell gold pieces for. I don't really feel that material is as and fill them however they want. There's a definite need for that;' he of dollars worth of free advertising from that piece. Just because a few _ , .. If C important as the content of the piece. ~Ys• people didn't like it doesn't mean the otter is opinionated about what the town needs to do to create a better You never buy a painting for how As bad as the housing shortage, piece was bad. It would have been arts scene, he is also upbeat about much paint is on it, so why would maybe great for Lions- what is being done. you buy a ring for excessive stones or gold?" worse, was the rr I like the notion , , of a eriment- ~ Head. Lions- Head is a 'There weren't many galleries here f Cotter could do what he does any- where, and probably be successful, demise of the Sum- in Art is like sc g' l ri ience; Ou Rre :.. t/ ti i ' E modern place. Vail rides p p or a long time. Now all of a sudden a lot of le think there is mone to ~oP y be made in Vail sellin art and the rt yet he says Vail has offered him the perfect location, with an international mervail Art a ways expe men ng. xper - . menting 1S the only way t0 get itself as being an interna- , a g market ri ht now is ood;'Cotter g g sa clientele beating a path to his door. 'Z keep thinking there is somewhere Work- sho a P new thin S diSCOV g - ered Or ound." f tional resort, et we fumed Y ys. wail is a marvelous pplace, and it's ' ' ears few down a world owin The thin s Gillett s doin g g g• greener, but I go out and look and I ll y ~ . av t fid f tell you, this is pretty amazing. Where else do you get ttus big back yard. For ago, says Cotter. He says the summer work- t di h h l d rt d b hi h renowned sculptor because a few people didn't lik If ' e o give you con ence. - George Gillett is willing to gamble his fortune on this lace then what little I me, it's ood because of the of a pe s , e c e e e- shops, w e the piece. I don t care for the p , i people who come to town from all over the world I couldn't ask fora cause of a lack of support from the community. dancing children at the fountain it doesn't matter, that's a focal point for put nto it is not much to help the hung all be better. That's something . better place to expose people to what I do. It's opened a lot of doors " "that is really one of the sad things in my life. We had the best teachers in the town. It will be interesting to see what happens with public art in the ~pomprrl umaty nohonwh ch [ think isole . Vail and Jim Cotter have served the country, and they were calling us ld li h i next few years. h h " still alive, but which is harder to see as the town ets bi er." g gg ey cou come ve to see if t n a tent o come ere are very People w r~ 1 Art in Public Places December 4, 1989 Minutes PRESENT Randy Milhoan Laura Nash Fitzhugh Scott Sally Sheridan Dr. Tom Steinberg Pamela Story Kathy Warren Meg Burnett, artist ABSENT Jim Cotter Jamie McCluskie Roselyne C. Swig STAFF PRESENT Kristan Pritz Betsy Rosolack The meeting began at 8:30 a.m. with a site visit to the Lionshead Parking structure to look at the location for the Vail Valley Art Council mural. The members met with the artist, Meg Burnett. The meeting then reconvened in the Municipal Building and was called to order by the chairperson, Pam Story. 1. Approval of minutes of November 20 Dr. Steinberg moved to approve the minutes, seconded by Randy Milhoan. The vote was 6 in favor with Kathy Warren abstaining. 2. Conceptual review of the Vail Valley Arts Council Mural Pam Story began with a statement that she had felt uncomfortable at the last meeting because the artist was in the room while the board members voted on his project. She also suggested that it might be good to have the criteria listed and to have a paper ballot, .as well as limiting the time allocated for the artist to explain his work. Kristan asked for the individual feelings of the board. Randy felt that since this was a public board, it was important to keep the meetings as open as possible. He felt the board had an obligation to say how they felt about a proposal. Randy added that it was hard to reject a proposal, but it was sometimes necessary. Kristan stated that artists she talked with said they felt they could be business-like/professional and that they were aware that subjectivity was part of the review. She added that they realize that not everyone is going to favor their work and that an artist must be strong and believe in his or her ideas. Sally suggested a rating sheet for each member that would help each person to rate the proposal, and perhaps the rating sheets could be given to the artist at the end of the discussion. Fitzhugh asked who supported Jim Hoy's proposal and was told Jamie Mccluskie had with the reasoning that the means used to set the piece on the site could make the proposal suitable for approval. Tom felt that perhaps Jamie was thinking only of the site. Kristan stated that the site should be considered, but the quality of the work must also be considered. Kristan stated that she would make up a criteria sheet and also put.a limit on the time allotted to the artist. Randy moved to use public vote when voting on art and Kathy seconded the motion. The motion passed 7-0 3. Discussion of Vail Valley Arts Council Mural sculpture Randy showed one example of Meg Burnett's work, a poster for the Vail Symposium. He reminded the group that many people would have to approve the proposal--the WAC, Town employees in charge of the parking structure, the AIPP, etc. He stated that. if this board felt the proposal made sense, the Arts Council could start work on design ideas with WAC. Those boards could then work on grants. Kristan felt that one thing in their favor for obtaining a grant was the fact that the WAC tries to serve the whole valley. Pam responded that unfortunately, that did not seem to play a part in grant consideration. She suggested that perhaps KT from Eagle County could put the request on Eagle County stationery. Randy described a possible project in Minturn. A small house would be remodeled, and he suggested to the owners that the AIPP come up with an idea for murals on the house. Fitz asked about the function of the house, and Randy said at one time someone lived in the upstairs, and now it was a video store--possibly it could become a gallery. Kristan-suggested that the board could comment on the general idea today and later come back for final approval. Meg felt that even if the mural were to be moved, it would not be a big deal to her. Kristan liked the idea of using volunteers on the mural with Meg's supervision. Randy pointed out that using volunteers would cut down on the cost. Meg pointed out that using volunteers could also enhance the publicity. Kathy felt the concept was a good one. Fitzhugh suggested looking at the mural as a "temporary permanent" piece of work. Randy suggested sealing the wall and smoothing the surface, filling the holes, etc. Fitzhugh felt the mural on the wall would have a continual maintenance problem. Meg suggested looking at the wall to see where most of the leaching occurred and working around it. Laura felt the general concept was strong. She wondered if the whole wall would be used. Meg answered that if the whole wall could be used, she would like to use all of it. She added that she and Randy had discussed including shapes onto the grass, and that these also could be moved so that the end impression would be one of the entire area splashed with color. Pam said many pedestrians are children who would stop and look at the project. Sally felt that the site did lend itself to more than just a mural. Tom suggested having a figure on the roof looking down, perhaps a crow or cat. Kathy was concerned about the efflorescence. She felt that there was no solution for the problem. Randy said he would get back with Meg and try to have a preliminary review for December 18. Pam suggested perhaps meeting with the Vail Valley Arts Council on January 10 at the library. Kristan said the board needed to talk about times for the board to meet in the new year. She suggested that on Dec 18th the board should look at the next stage of the proposal before meeting with others. She added that the architects for the Village parking structure expansion may have looked into the same problem and may have ideas. (Meg left.) 3. Discussion of Council support for the AIPP decision on Jim Hoy's "See or Ski Colorado Sculpture " Kristan said the Council had strong support for the board's decision and were pleased with the way the process worked. She felt the artist appreciated knowing the outcome immediately. 4. Update on Public Art Proposals a. Bird of Paradise Kristan stated that Mike Anderson wanted a general direction from the board soon on the Bird of Paradise. She had told him that a decision would take some time and added that Steve Barwick is researching if the Lionshead merchants are interested in investing $7,500. The Town of Vail would be asked to invest $7,500. The merchants have indicated that they like the sculpture and are willing to contribute funds. She added that there are now 4 new members on the Council and wasn't sure how they would respond to the request for funds. Randy suggested a contract form, and Kristan responded that she would get copies of contracts used by other groups. b. Parking Structure Kristan stated that Council was negotiating the contract with the architect and the project was on hold until this issue was resolved. c. Post Office Meeting d. 10th Mountain Division Scult~ture Kristan will contact Earl Clark in Denver. Kristan stated that Roselyne felt strongly about focussing on site specific works, and she saw much value in what Roselyne was saying. Kristan said she needed to know what the group wanted to concentrate on. She wanted to pin down specific priorities to address. She felt she was hearing different opinions on what the board felt were priorities. She suggested perhaps the board could focus on special sites and then get into funding. Perhaps this could be a topic for the 18th or the first meeting in January. Also funding was important to accomplish projects. Randy felt funding was interrelated. He felt raising the $7,500 balance for Bird of Paradise could be accomplished. He added that site mapping was not so difficult and was an important first step. Kristan asked what the board wanted to accomplish with a site map. Kathy suggested that walking the site like the task force had done earlier could be a starting point. She pointed out that doing this in the winter was important, since winter is a reality here. Kristan said she could give a background on the task force site inspection at the first meeting in January. Laura suggested that perhaps everyone could do a walk on their own and each take a map and mark it which would give the board some sort of organization for the group walk. Kristan said it sounded like siting was important. Sally suggested that if people wanted to do things outside of the meetings, dividing into teams to head up specific projects, it might help. She was willing to give more time, because she felt frustrated that the board had not accomplished more. Laura stated that she was willing to give extra time, also. Kristan said she did feel that this should come from the group and asked Laura and Sally if they were interested in doing site work. Randy felt that some sites would be important to reserve for special sculptures, such as a competition. He added that in San Antonio one could get special maps with designated spots for sculpture with a legal description, photo, etc. to encourage individuals or groups to contribute a work of art. Sally suggested that one could "adopt a site." Kristan expressed appreciation of the volunteer work. She wanted to see if she could get maps and would get back to Sally and Laura. She asked the board to think of times they would like to meet in 1990, and this would be discussed on the 18th. TOWN OF VAIL MEMORANDUM T0: Ron Phillips Council Members FROMe Steve Thompson DATE: December 14, 1989 REe November 30th Investment Report Enclosed is the investment report with balances as of November 30, 1989. The balance of the portfolio at November 30, 1989 was $11.6 million which was $500,000 less than at the end of October and 37~ more than the. balance at the same time last year. The $2.5 million in our operating account at First Bank of Vail was used on December 1st, to make our semi-annual debt service payment on our bonds. As of 11/30/89 the Town has earned approximately $949,386 in interest income which is $417,386 more than the $532,000 budgeted for 1989. We should end the year earning over a million dollars in interest income. We have continued to stay very liquid with our excess available cash to defease the $3.1 million in RETT warrants on December 27th and to pay for capital projects that have finished. Please let me know if you have any questions. cce Charlie Wick Steve Barwick Town of Vall, Colorado Investment Report Summary of Accounts and Investments For the Month Ending November 30, 1989 Money Market Accounts (see page 1) Funds For Reserve Balances Percentage Percentage Operating Funds * 11/30/89 of Total Allowed Commercial Banks 52,623,371 5222,969 52,896,340 24.458 508 Money Market Account 5113,200 5113,200 0.978 1008 Colorado Investment Pools 5930,656 --- 5430,656 ------------- 3.708 1008 ------ Total -------------------- 53,054,027 5336,169 ea=~=emcee==nameeemm~ea= 53,390,196 a=e°emee=neon 29.128 ~emaav Commercial Savings & Banks Loans Certificates of Deposit (see page 2) :~ Eagle County Institutions 5210,992 5200,000 510,992 5210,992 1.818 Other Colorado institutions SO 0.008 National Institutions 51,584,000 51,386,000 51,980,000 5990,000 52,970,000 25.518 Total 51,799,992 51,386,000 52,180,000 51,000,992 53,180,992 27.328 veevaaevaeoeemveQa=eaevee==~e®eneneaevao~aaaeevemvmmeaaemev emm~e~ percentage of Portfolio in Savings & Loans 11.908 U.S. Government Securities (see page 3) Repurchase Agreements ~ Treasury Notes GNMA's U.S. Savings Bonds Federal Agency Discount Notes Total 53,049,640 53,099,640 26.198 5230,000 5850,000 51,080,000 9.288 5175,577 5175,577 1.518 S16,884 516,864 0.158 5750,000 5750,000 -------------------- - 6.498 ------ ------------- 59,222,101 Qaa~~aemanaee - - S850,000 55,072,101 veasavaeeeaameaen~ea~ee 43.578 eveome Total Portfolio Maturing Within 12 Months Maturing Within 29 Months Maturing After 24 Months 59,956,128 52,187,161 511,643,289 100.008 e~~~aneeaenasoevemeanoeameae~a~~ene even=gym 59,828,828 84.428 5996,000 8.558 5818,461 7.038 511,643,289 100.008 * 52,187,161 is reserves that the Town does not have access to for operations 1008 258 758 1008 1008 1008 1008 12/5/89 slml invsm911 Money Market Accounts as of November 30, 1989 --For the Month of November-- Account Institution Balances Type of Accounts High Low Average 11/30/89 . First Bank of Vni1 - Operating Interest 7.940$ 7.4908 7.680 _________~___===~~e==°==________ Balance 52,924,537 5181,971 .5510,749 52,580,980 First Bank of Vail - Insurance Interest 7.940 7.990 7.680 Balance =______________________________= 5203,035 Colorado Trust (Investment Pool) Interest 8.360 Balance 5930,656 Central Bank of Denver Reserve Accounts Interest 5.0008 Balance 519,934 Central Bank of Denver Operating Account Interest 8.019 Balance 592,391 Federated Securities Corp. U. S. Treasury Trust Reserve Account Interest 8.390 ~ ______ Balance S113,200 3,390,196 12/4/89 slml invmm911 Page 1 Certificates of Deposit as of November 30, 1989 Bank Name, Location Days to Rates Purchase Maturity Maturity Maturity Ins Coupon Yield Date Date at Purchase Value ------------------------------------- First American Bank, Boston Mass ----------- --------------- --------- FDIC 10.2908 10.2906 12-Nov-87 12-Nov-90 1096 599,000 Vail National Bank FDSC 8.7506 8.750$ 09-Apr-89 09-Apr-90 365 510,992 FDIC 9.2506 9.2506 03-Jan-89 03-Jan-90 365 5100,000 FDIC 9.2506 9.2508 26-Jan-89 26-Jan-90 365 5100,000 First Federal of the Carol inas, Hiqh Point North Carolina FSLIC 10.2506 10.2508 30-Mar-89 30-Mar-90 365 599,000 Firstate Financial, Orlando Florida FSLIC 10.5006 10.2506 31-Mar-89 02-Apr-90 367 599,000 San Antonio Federal Savings Bank, Wes laco Texas FSLIC 10.5006 10.500$ 03-Apr-89 03-Apr-90 365 599,000 Security Savings and Loan, Chicago Il linois FSLIC 9.9506 9.9508 18-Apr-89 18-Apr-90 365 599,000 Midstate Savings and Lcan Associaton, Baltimore Maryland FSLIC 10.350$ 10.1006 21-Apr-89 18-Oct-90 545 599,000 First Savings and Loan, Beverly Hills California Reserved Funds FSLIC 10.3756 10.1256 10-Apr-89 03-Jun-91 784 599,000 Sterling Savings and Loan, Irvine Cal ifornia Re served Funds FSLIC 10.5006 10.2506 10-Apr-89 02-Dec-91 966 599,000 Bay Loan 6 Investment Bank, East Gree nwich, RZ, Reserved Funds FDIC 9.3006 9.0506 11-Jul-89 02-Dec-91 879 599,000 Homestead Savings Associat ion, Middle town, PA, Reserved Funds FSLIC 9.1006 8.9006 21-Jul-89 02-Dec-91 869 599,000 Security Pacific State Bank, Irvine, CA FDIC 9.1506 8.9006 11-Jul-69 11-Jul-90 365 599,000 East Bank, New York, NY FDIC 9.0006 8.9006 11-Jul-89 11-Jul-91 730 599,000 Westside Savings and Loan Association , CA FSLIC 9.2006 8.9506 03-Auq-89 12-Mar-90 221 599,000 51,497,992 Page 2 Continued Certificates of Deposit as of November 30, 1989 Bank Name, Location Days to Rates Purchase Maturity Maturity Maturity Ina Coupon Yield Date Date at Purchase --------------------------- Value - ---- ---------------------------------------- Brentwood Square Savings and Loan, Los Angeles California Reserved Funds FSLIC 10.1508 9.900 09-May-89 08-May-91 729 599,000 First Chesire Bank, Keene New Hampshire FDIC 10.100- 9.8508 15-May-89 14-May-90 364 599,000 Trustcorp Bank, Toledo Ohio FDIC 9.750 9.890$ 12-May-89 14-May-90 367 599,000 St. Edmonds Savings and Loan Association, Philadelphia Pennsylvania FSLIC 10.250 10.000 OS-May-89 OS-Nov-90 599 599,000 Monadnock Bank, Jaffrey New Hampshire FDIC 10.000 9.750 12-May-89 19-May-90 367 599,000 Fidelity Federal Savings Bank, Richmond Virginia FSLIC 10.000 10.000 OS-May-89 07-May-90 367 599,000 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 Reserved Funds FSLIC 9.875 9.670 26-May-89 28-May-91 732 599,000 Century Bank and Trust, Somerville Massachusetts Reserved Funds FDIC 9.450$ 9.950 26-May-89 26-Nov-90 599 599,000 Century Bank of Suffolk, Suffolk Massachusetts Reserved Funds FDIC 9.450 9.950 30-May-89 29-Nov-90 598 599,000 Republic National Bank, Phoenix Arizona Reserved Funds FDIC 9.7508 9.500 30-May-89 29-Nov-90 598 599,000 Lyndonville Savings Bank & Trust, Lyndonville, VT, Reserved F unds FDIC 9.2508 9.050 26-Jul-89 O1-Jun-92 1041 599,000 First Capital Bank, Concord, NH FDIC 9.000$ 9.000 07-Jul-89 O1-Dec-89 147 599,000 Souhegon National Bank, Milford, NH FDIC 9.350 9.100 07-Jul-89 03-Jan-90 180 599,000 Mission Viejo National Bank, Mission Viejo, CA FDIC 9.400 9.1508 10-Jul-89 OS-Apr-90 269 599,000 Coast Bank, Long Beach, CA FDIC 9.250$ 9.000 10-Jul-89 10-Jul-90 365 599,000 Charter Bank for Savings, Santa Fe, NM FSLIC 9.250 9.0008 10-Jul-89 13-Jul-90 368 599,000 Avq Yield 9.571$ 53,180,992 Avq Days to Maturity 298 invcd911 12/4/89 slml Page 2 Government Securities as of November 30, 1989 ***Treasury Notes*** Years to Rates Purchase Maturity Maturity Years to Par Coupon Yield Date Date at Purchase Maturity Value ------------------------------------------------------------------------------------ 8,8759 7.9709 11-Mar-86 15-Feb-96 9.99 6.21 5230,000 8.8759 9.0679 02-Dec-88 30-Nov-90 1.99 1.00 5250,000 9,3759 9.6309 28-Feb-69 28-Feb-91 2.00 1.25 5200,000 8,2509 8.2599 31-Auq-89 31-Aug-91 2.00 1.75 5400,000 Average Maturity Years 2.55 51,080,000 Average Yield 8.539 =na,mm--===~_ ***Repurchase Agreements*** Average Institution Yield Prudential Bache 8.3909 Prudential Bache 8.2509 ***GNMAr9*** Pool Coupon Yield ------------------------------- 5603 8.0009 8.4809 13003 8.0009 9.5009 19659 8.0009 9.2009 Avq Yield 9.116$ Purchase Maturity Par Date Date Value -------------------------------------------------------- 20-Dec-88 Open 51,596,074 10-Nov-89 27-Dec-89 51,503,566 53,099,640 Years to Estimated Purchase Maturity Maturity Years to Principal Date Date at Purchase Maturity Outstanding -------------------------------------------------------- 14-Nov-86 15-Oct-OS 19.10 16.00 544,919 24-Oct-86 15-Oct-06 20.20 17.00 558,839 24-Oct-86 15-Jan-07 21.20 18.00 571,819 5175,577 ***U.S. Savings Bonds*** ~ Years to Issue Maturity Maturity Years to Book Maturity Series Yield Date Date at Purchase Maturity Value Value ------ ------------------------------------------------------------------------------- EE 7.1709 O1-Oct-66 O1-Oct-96 10.00 6.84 S16,884 530,000 evee.~veveeee_°emeeeeme. ***Federal Agency Discount Notes*** Days to Purchase Maturity Maturity Days to Yield Date Date at Purchase Maturity ------------------------------------------------------ FHLB 10.0699 OS-Apr-89 O1-Dec-89 290.00 1.00 FHLB 9.4009 25-May-89 25-May-90 365.00 176.00 Average Maturity Days Average Yield 89 9.629 Total Book Maturity Value Value ------------------------ 5250,000 5250,000 5500,000 5500,000 ------------------------ 5750,000 5750,000 avameoem_=ma=aem~eo_vmea S5, 072,101 12/4/89 slml invtr911 Page 3 December 5, 1989 ~vlo~r PABR - T~ P[TR'LIC ° S T+~TER CHOICE 'RECD ®~ C 1 4 1989 Coloradans should stop worrying about the Two Forks' veto. For the first time, Colorado has a water project that will unite its people on both slopes. The innovative Union Park Project is quite simple. Instead of Colorado losing a yearly average million acre feet of its entitled Gunnison flood waters to California, a small portion of these wasted waters will be pumped into Union Park's off-river, sage covered bowl on the Continental Divide. In droughts, this Two Forks sized reservoir will release water by gravity conduit and siphon to the river environments on both slopes. Union Park was first envisioned by Marvin Greer, a retired Bureau of Reclamation engineer and father of Colorado's Big Thompson Project. Greer recognized how advanced pumped storage technology could be applied to this overlooked, high altitude reservoir site. He iras 73 when he helped form Natural Energy Resources Company in 1982 to develop the potential of Union Park. In 1986 the company disclosed the details of its multipurpose concept when it filed in water court for a diversion from the Gunnison. The Union Park Project was sold to farsighted Arapahoe County in 1988. Arapahoe County and the City of Aurora have recently agreed to cooperate instead of compete for the Gunnison's flood waters. The City of Gunnison, Parker, and Castlewood Water Districts are initial Union Park participants. The Denver Water Department and other Metro Denver water providers are expected to join, when they are freed from Two Forks enough to consider Union Park's extraordinary environmental and economic advantages. Union Park can unite Colorado on water, because it satisfies today's public values regarding the environment, recreation, and economic efficiency. Environmentalists are not in the habit of endorsing large water projects. But those who have taken an objective look, are impressed with Union Park's capability to benefit river flows and wetlands during droughts. Union Park is environmentally unique because its remote, off-river site can enhance Colorado's treasured rivers and canyons. Colorado's water com~aunity is also starting to recognize Union Park's surprising advantages. When Union Park is used as backup drought insurance for Metro Denver's existing reservoirs, Corps of Engineer's computer modeling has confirmed Denver's safe yield multiplies by 2 acre feet for every acre foot of Gunnison water actually diverted. This "multiplier" phenomenon is upsetting for many water traditionalists, because it is a key reason Union Park's safe yield cost is only about half that of their Two Forks Project. If Colorado's powerful, appointed water experts were to allots state water planning, the Gunnison's untapped flood waters would quickly surface as the state's most logical future water source. It is only a matter of time until the balanced Union Park Conservation Project becomes the public's water choice for all of Colorado. Abner Watts P.E. ~ Retired Bureau of Reclamation Executive Engineer 7231 W. Bayaud Place, Denver, CO. 80226 (303)237-3449 NE.C'U DEC 1 4 19$9 December 6, 1989 Technical Summary UNION PARK VS COLLEGIATE RANGE An independent technical evaluation of the Gunnison's Union Park and Collegiate Range transmountain water alternatives would quickly show Union Park can substantially enhance the environmental, recreational, and economic values for Colorado's West and East Slopes. Collegiate is not technically acceptable for either slope for the following basic reasons: 1) Collegiate can not increase Metro Denver's safe annual yield without extensive additional East Slope storage. 2) Collegiate's small diversion and replacement reservoirs above Taylor Park Reservoir and Town of Almont are environmentally unacceptable, because of the sensitive nature of these locations and high cost of mitigation. (Aurora's own study indicates 34 to 42 million dollars). 3) Collegiate's low-head, continuous-flow diversion to the East Slope would substantially reduce the Bureau of Reclamation's current ability to regulate Taylor Park Reservoir levels and West Slope river flows. In contrast, periodic releases from Union Park's massive West Slope storage can be managed to optimize reservoir levels, river flows and drought protection for both slopes. 4) Collegiate's continuous-flow diversion above Taylor Park Reservoir would exacerbate Taylor's shoreline fluctuations, which would create a direct environmental conflict with Natural Energy's senior Rocky Point Pumped Storage Project. 5) Collegiate does not have Union Park's multi-year back-up storage which will give Metro Denver the unprecedented, proven ability to multiply its safe annual yield by 2 acre feet for every acre foot actually diverted from the Gunnison Basin. 6) When Collegiate's necessary East Slope multi-year, carry-over storage is included, Collegiate's true safe yield cost would be almost triple that of Union Park and double that of Two Forks. Note: The transmountain comparisons in the Colorado Water Resources and Power Development Authority's Phase I Upper Gunnison Study should be disregarded. These comparisons were "politically engineered" with erroneous cost estimates and unequal evaluations of project yields, system costs, and environmental impacts and benefits. This improper treatment drastically skewed the study results to favor the Taylor Reservoir diversion alternative preferred by the Gunnison's water district representative on the Authority's board. Dave Miller, President Natural Energy Resources Co. Box 567, Palmer Lake, CO 80133 (719) 481-2003 •.l' .O r. A town of uai press release ~~~~ 6°~I~~S@~o December 18, 1989 p~g~o One ®~e Two ~~~~r~l~~~~e Community Development (~®~~~(;t P~~'S®~o Peter Patten (479-2138) or Caroline Fisher (479-2115) --~ FATTEN TO LEAVE TOV COMMUNITY DEVEIrOPMENT DEPARTMENT Peter Patten, Director of the Town of Vail Community Development Department, today announced his resignation from this posto Patten has accepted a position as planning consultant for an Oregon based consulting firmo Patten served ten years with the Community Development Department, starting out as an entry level planner in 19790 1Prior to being named Department Director in 1984, Patten served as senior level Planner, Assistant Director and Director of Planninge As Director of the Community Development Department, Patten oversaw the long range and current municipal planning, zoning and development, and building and environmental issueso "Peter has served well over the past ten years and has been the conscience of Vail in reference to local growth and development,°' Town Manager Ron Phillips saido Of critical importance when Patten accepted the position as Community Development Director was the development of a comprehensive plan for Vailo Patten expressed pleasure at being able to make sigzaificant progress in this arena during his five years as Directoro The Vail Village Master Plan is expected to be -- more -- town of veil ~ 75 se frontage goad a veil, Colorado 81657 ~ (303) 4767000 adopted today by the Planning Commission and in January by the Vail Town Council. A number of other elements of the comprehensive plan have already been adopted such as the Vail Land Use Plan and the Recreation Path Plan. "I am pleased to have had the opportunity to contribute to the present and long range planning direction of our community," Patten commented. "It has not always been easy, as we have operated under tremendous pressure for growth during this decade. We have come a long way in providing for growth and development of Vail while at the same time protecting its character and the concept that Vail's founding fathers envisioned twenty-seven years ago." Patten will leave Vail, in late January to begin work in Portland, Oregon as a planning consultant with David Evans and Associates. He will be specializing in resort and tourism planning and development. "Working and living in Vail has been a tremendous experience both personally and professionally," Patten said. "I feel fortunate to have had the opportunity to pursue my career objectives, contribute to a fine community, and have a great time living in a wonderful place." - -- 30 --