HomeMy WebLinkAbout1991-04-02 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, APRIL 2, 199 1
7:30 P.M.
AGENDA
1. Ten Year Employment Anniversary Award to Gary Murrain •
2. CITIZEN PARTICIPATION
3. Approval of Minutes of March 5, 1991, and March 19, 1991, Meetings
4. Ord finance No. 6, Series of 1991, second reading, an ordinance amending
Section 18.52.160 of the Municipal Code of the Town of Vail to set parking
in lieu fees for Commercial Core I and Commercial Core II at eight thousand
dollars ($8,000) per space; and setting forth details in regard thereto
5. Ordinance No. 3, Series of 1991, second reading, an ordinance amending
Sections 8.10.020 and 8.10.030 of the Municipal Code of the Town of Vail to
provide for increased fees in the provision of fire protection services out
of the Town limits; and setting forth details in regard thereto
6. Ordinance No. 4, Series of 1991, second reading, an ordinance enabling the
Finance Director of the Town of Vail to declare sales taxes immediately due
and payable, if he finds that the collection of the tax would be
jeopardized by delay; and setting forth details in regard thereto
7. Ordinance No. 5, Series of 1991, second reading, an ordinance amending
Section 18.40.130 of the Municipal Code of the Town of Vail to provide that
fees for special development district applications, and for major and minor
amendments on special development districts, may be set by the Town Council
by resolution rather than ordinance; and setting forth details in regard
thereto
8. Ordinance No. 7, Series of 1991, first reading, an ordinance amending
Section 9.34.030 of the Municipal Code of the Town of Vail to provide that
it shall be unlawful for any person under the age of twenty-one years to
have in his possession any fermented malt beverage, and amending Section
9.34.040 of the Municipal Code of the Town of Vail to make it unlawful for
any person to sell any fermented malt beverages to any person under the
age of twenty-one years; and setting forth details in regard thereto
9. Ordinance No. 8, Series of 1991, first reading, an ordinance amending
Chapter 12 of the Municipal Code of the Town of Vail to provide for changes
and additional conditions relating to street openings, excavations, and
pavement cuts; and setting forth details in regard thereto
10. Adjournment
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, APRIL 2, 1991
7:30 P.M.
EXPANDED AGENDA
7:30 1. Ten Year Employment Anniversary Award to Gary Murrain
7:35 2. CITIZEN PARTICIPATION
7:40 3. Approval of Minutes of March 5, 1991, and March 19, 1991,
Meetings
7:45 4. Ordinance No. 6, Series of 1991, second reading, an
Mike Mollica ordinance amending Section 18.52.160 of the Municipal Code
of the Town of Vail to set parking in lieu fees for
Commercial Core I and Commercial Core II at eight thousand
dollars ($8,000) per space; and setting forth details in
regard thereto.
Action Requested of Council: Approve/deny Ordinance No. 6,
Series of 1991, on second reading.
Background Rationale: This ordinance increases the parking
in lieu fees to $8,000 per space.
Staff Recommendation: Approve Ordinance No. 6, Series of
1991, on second reading.
8:05 5. Ordinance No. 3, Series of 1991, second reading, an
Dick Duran ordinance amending Sections 8.10.020 and 8.10.030 of the
Municipal Code of the Town of Vail to provide for increased
fees in the provision of fire protection services out of the
Town limits; and setting forth details in regard thereto.
Action Reauested of Council: Approve/deny Ordinance No. 3,
Series of 1991, on second reading.
Background Rationale: Council directed staff to adjust fees
for fire services outside Town limits to reflect actual
costs.
Staff Recommendation: Approve Ordinance No. 3, Series of
1991, on second reading.
8:15 6. Ordinance No. 4, Series of 1991, second reading, an
Steve Barwick ordinance enabling the Finance Director of the Town of Vail
to declare sales taxes immediately due and payable, if he
finds that the collection of the tax would be jeopardized by ,
delay; and setting forth details in regard thereto.
Action Requested of Council: Approve/deny Ordinance No. 4,
Series of 1991, on second reading.
Background Rationale: This ordinance would allow the Town's
Finance Director to declare sales taxes payable immediately
in situations where evidence exists that the taxes due will
be jeopardized by normal collection procedures. It is
expected that this practice will be used very infrequently
in Vail and only in situations involving imminent failure of
a business.
Staff Recommendation: Approve Ordinance No. 4, Series of
1991, on second reading.
8:25 7. Ordinance No. 5, Series of 1991, second reading, an
Mike Mollica ordinance amending Section 18.40.130 of the Municipal Code
of the Town of Vail to provide that fees for special
development district applications, and for major and minor
amendments on special development districts, may be set by
the Town Council by resolution rather than ordinance; and
setting forth details in regard thereto.
Action Requested of Council: Approve/deny Ordinance No. 5,
Series of 1991, on second reading.
Background Rationale: This ordinance will enable the Town
Council to increase the SDD application fee by resolution.
The SDD ordinance must be amended to delete the fee and
provide for fees to be set by resolution.
Staff Recommendation: Approve Ordinance No. 5, Series of
1991, on second reading.
8:35 8. Ordinance No. 7, Series of 1991, first reading, an ordinance
.Ken Hughey amending Section 9.34.030 of the Municipal Code of the Town
of Vail to provide that it shall be unlawful for any person
under the age of twenty-one years to have in his possession
any fermented malt beverage, and amending Section 9.34.040
of the Municipal Code of the Town of Uail to make it
unlawful for any person to sell any fermented malt beverages
to any person under the age of twenty-one years; and setting
forth details in regard thereto .
Action Requested of Council: Approve/deny Ordinance No. 7,
Series of 1991, on first reading.
Background Rationale: Conform Town of Vail ordinance with
State Law.
Staff Recommendation: Approve Ordinance No. 7, Series of
1991, on first reading.
8:50 9. Ordinance No. 8, Series of 1991, first reading, an ordinance
Greg Hall amending Chapter 12 of the Municipal Code of the Town of
Vail to provide for changes and additional conditions
relating to street openings, excavations, and pavement cuts;
and setting forth details in regard thereto
Action Requested of Council: To conduct a public hearing on
the changes to the street cut ordinance and vote on the
first reading of the ordinance.
Background Rationale: In 1990, the Town Council requested
the Public Works Department to work with the various utility
companies in resolving concerns with the Town of Vail street
cut ordinance.
Staff Recommendation: Approve Ordinance No. 8, Series of ,
1991, on first reading.
9:20 10. Adjournment
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MINUTES
VAIL TOWN COUNCIL MEETING
MARCH 5, 1991
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, March 5, 1991, at
7:30 P.M., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Jim Gibson
Merv Lapin
Robert Levine
MEMBERS ABSENT: Tom Steinberg, Mayor Pro-Tem
Peggy Osterfoss
Lynn Fritzlen
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was Citizen Participation, of which there was none.
Item No. 2 was the approval of the Minutes of February 5, 1991, and February 19,
1991, meetings. Merv Lapin moved to approve the minutes, with a second coming from
Rob Levine. A vote was taken, and the motion passed unanimously, 4-0.
Item No. 3 was Ordinance No. 1, Series of 1991, second reading, an ordinance
amending Title 17 of the Town of Vail Municipal Code of the Town of Vail by the
addition of Chapter 17.17 School Site Qedications; and setting forth details in
regard thereto. Applicant: Town of Vail. Merv Lapin read the title in full. Mr.
Lapin then moved to approve Ordinance No. 1 on second reading, with a second coming
from Rob Levine. A vote was taken, and the motion passed unanimously, 4-0.
Item No. 4 was Ordinance No. 2, Series of 1991, first reading, an ordinance amending
Title 18 of the Municipal Code of the Town of Vail by the addition of Chapter 18.67
Vested Property Rights; and setting forth details in regard thereto. Applicant:
Town of Vail. Merv Lapin read the title in full. Following brief comments by Larry
Eskwith, Merv Lapin moved to approve Ordinance No. 2 on first reading, with a second
coming from Rob Levine. A vote was taken, and the motion passed unanimously, 4-0.
Item No. 5 was the appointment of a Planning and Environmental Commission Member.
Following a written vote, Merv Lapin move to approve Gena Whitten for a two-year
period of time, with a second coming from Rob Levine. A vote was taken, and the
motion passed unanimously, 4-0.
There being no further business, the meeting was adjourned at 7:40 P.M.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Pam Brandmeyer
f
MINUTES
VAIL TOWN COUNCIL MEETING
MARCH 19, 1991
7:30 P.M.
' A regular meeting of the Vail Town Council was held on Tuesday,
March 19, 1991, at 7:30 p.m., in the Council Chambers of the Vail Municipal
Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT: Jim Gibson
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney '
Pamela A. Brandmeyer, Town Clerk
Martha Jensen, Deputy Town Clerk
The first item on the agenda was a ten-year employment anniversary award
for Mike Chapman of the Fire Department. Ron Phillips and Dick Duran made
remarks concerning Mike's tenure with the Town, and Mayor Rose thanked Mike
for his work.
The second item on the agenda was Citizen Participation, of which there was
none.
Item No. 3 was Ordinance No. 2, Series of 1991, second reading, an
ordinance amending Title 18 of the Municipal Code of the Town of Vail by
the addition of Chapter 18.67 Vested Property Rights; and setting forth
details in regard thereto. Mayor Rose read the title in full. Larry
Eskwith stated there had been no changes to the ordinance since the first
reading. Merv Lapin moved to approve Ordinance No. 2 on the second
reading, setting the fee in Section 18.67.060 at $100.00. Tom Steinberg
seconded the motion. A vote was taken, and the motion passed unanimously,
6-0.
Item No. 4 was Ordinance No. 6, Series of 1991, first reading, an ordinance
amending Section 18.52.160 of the Municipal Code of the Town of Vail to set
parking in lieu fees for Commercial Core I and Commercial Core II at eight
thousand dollars ($8,000) per space; and setting forth details in regard
thereto. Mayor Rose read the title in full. Larry Eskwith gave a brief
explanation of the ordinance. Merv Lapin moved to approve Ordinance No.
6 on the first reading, striking the sentence in 18.52.160 B (ii) regarding
fee refunding, and adding a provision for adjusting the $8, 000 fee over two
years to reflect the Consumer Price Index for the City of Denver. The
motion was seconded by Rob Levine. A vote was taken, and the motion passed ,
unanimously, 6-0.
Item No. 5 was an appeal of the March 6, 1991, Design Review Board decision
to approve the Christiania Lodge remodel, 356 Hanson Ranch Road, Part of
Lot D, Block 2, Vail Village 1st Filing. Applicant: Jack Morton
Associates, Inc., represented by Peter Harris Rudy. Jill Kammerer gave a
brief presentation of the project and stated that it had been unanimously
approved by the Design Review Board. Peter Rudy presented the appeal. The
first issue .of the appeal, that the application violates the Zoning Code
of the Town of Vail, was addressed by Larry Eskwith. Larry stated that the
proper forum to appeal this issue was the Planning Commission and that
Council should consider only Design Review issues. The second issue in the
appeal raised by Mr. Rudy was that the application failed to resolve
serious parking problems in the neighborhood, relating to Tract P-3 and J.
Jay Peterson, attorney for the Christiania Lodge, stated the site becomes
less non-conforming through the combination of existing accommodation units
into suites. The net result is a reduction in unit count from 14.5 to 9
1
r,
dwelling units. Nine dwelling units is the maximum unit count allowable
under zoning. A reduction in required parking results from a reduction in
unit count. Under the redevelopment proposal reviewed by DRB, this non-
conforming site will actually become less non-conforming following the
expansion; traffic congestion and parking will be reduced. Jay stated the
Christiania has also agreed, with the Design Review Board, to landscape
any parking lots the Christiania may utilize once property ownership of
Parcels P-3 and J is resolved. Larry Eskwith said determination of lot
ownership is not within the Design Review Board's purview, and the
Christiania's project expansion will not impact parking requirements,
regardless of the ownership resolution. The final issue raised by Mr. Rudy
dealt with a pending ordinance regarding the adoption of a view corridor
down Hanson Ranch Road. Jay Peterson stated photographs of the
encroachments into the proposed view ;corridor had been provided to the DRB
for their review; the Board was satisfied the project did not encroach
adversely. Larry Eskwith stated this view corridor has not yet been
considered by the Town Council or passed by ordinance, and is not presently
the law of the Town of Vail. Merv Lapin made a motion to uphold the Design
Review Board's decision, which was seconded by Lynn Fritzlen. A vote was
taken and the motion passed unanimously, 6-0.
Item No. 6 on the agenda was Ordinance No. 3, Series of 1991, first•
reading, an ordinance amending Sections 8.10.020 and 8.10.030 of the"
Municipal Code of the Town of Vail to provide for increased fees in the
provision of fire protection services out of the Town limits; and setting
forth details in regard thereto.Mayor Rose read the title in full. Larry
Eskwith presented the ordinance to Council, stating the fees may be
adjusted annually for inflation, and a provision was included allowing the
Town of Vail to enter into contracts with property owners outside the Town
limits. Upon questioning, Dick Duran stated the cost for an initial
response for a structure fire outside the Town limits would be
approximately $1700 per hour. Merv Lapin moved to approve Ordinance No.
3, Series of 1991, on the first reading. Peggy Osterfoss seconded the
motion. A vote was taken and the motion passed unanimously, 6-0.
Item No. 7 on the agenda was Ordinance No. 4, Series of 1991, first
reading, an ordinance enabling the Finance Director of the Town of Vail to
declare sales taxes immediately due and payable, if he finds that the
collection of the tax would be jeopardized by delay; and setting forth
details in regard thereto. Mayor Rose read the title in full. Steve
Barwick stated the purpose of the ordinance was to ensure the Town of Vail
receives sales tax due when a business closing is imminent. Merv Lapin
moved to approve Ordinance No. 4, Series of 1991, on the first reading.
The motion was seconded by Tom Steinberg. A vote was taken and the motion
passed unanimously, 6-0.
Item No. 8 on the agenda was Ordinance No. 5, Series of 1991, first
reading, an ordinance amending Section 18.40.130 of the Municipal Code of
the Town of Vail to provide that fees for special development district
applications, and for major and minor amendments on special development
districts, may be set by the Town Council by resolution rather than
ordinance; and setting forth details in regard thereto. Mayor Rose read
the title in full. Larry Eskwith presented the ordinance to Council. Merv
Lapin moved to approve Ordinance No. 5, Series of 1991, on the first
reading. Peggy Osterfoss seconded the motion. Upon a vote, the motion
passed unanimously, 6-0.
Item No. 9 on the agenda was Resolution No. 10, Series of 1991, a
resolution increasing fees for certain Community Development services; and
setting forth the parking in lieu fees for Commercial Cores I and II.
Mayor Rose read the title in full. Mike Mollica reviewed the resolution,
and discussed five additions. Following discussion by Council and Staff,
Merv Lapin moved to direct staff to include Mike Mollica's suggested
changes and to table the resolution until the second meeting in April.
Peggy Osterfoss seconded the motion. A vote was taken, and the motion
passed unanimously, 6-0.
Item No. 10 on the agenda was Resolution No. 11, Series of 1991, a
resolution opposing Senate Bill 91-220. Mayor Rose read the title in full.
Larry Eskwith stated the Senate Bill amendment, if passed, would change
2
i the entire annexation package to resolve one issue existing between two
municipalities, i.e. Thornton and Northglenn, and could negatively impact
the Town's ability to annex lands in the future. Following discussion,
Merv Lapin moved to approve Resolution No. 11, Series of 1991. The motion
was seconded by Tom Steinberg. A vote was taken, and the motion passed 5-
1, with Lynn Fritzlen opposed.
There being no further business, the meeting was adjourned at 9:25 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk:
Minutes taken by Martha Jensen
3
TO: MIL TOWN COUNCIL
FROM: MERV
Unfortunately I will not be with you during the "fun time" second
reading of the Pay-In-Lieu ordinance to raise the fee to 08,000.
I hope that this ordinance passes.
I would like to address the main argument given by opponents to the
increase when Council failed to pass this legislation )two years
ago. The claim was made that the 08,000 fee would inhibit new
construction and upgrades. I would like to refute that argument
with some figures.
1 parking space would be required for 300 sq. feet of addition
cost of addition - 085 to 0100 per sq. feet means a cost of
0:?5, 500 to 030,000
add the 08,000 parking fee to the cast means a total cost for the
300 s q. feet of $33,500 to $38,000
rent charged for the space would be between 050 to 080 per sq.
foot, therefore, the addition would generate revenue of from
015,000 to 024,000
conclusion: the space would be paid for in from 1.4 years to 2.53
years.
Normally, a good real estate project is paid for in from 7 to 10
years. R pay back of 2.53 years is outstanding!
Good 1 uck.
ORDINANCE N0. 6
Series of 1991
AN ORDINANCE AMENDING SECTION 18.52.160 OF THE MUNICIPAL CODE OF
THE TOWN OF VAIL TO SET PARKING IN LIEU FEES FOR COMMERCIAL
CORE I AND COMMERCIAL CORE II AT EIGHT THOUSAND DOLLARS
($8,000) PER SPACE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to increase the parking in lieu fees for
Commercial Core I and Commercial Core II to reflect inflation and the increased
costs of constructing parking spaces.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado:
1. Section 18.52.160 B (ii) of the Municipal Code of the Town of Vail is
hereby amended to read as follows:
18.52.160 B (ii)
The parking fee to be paid by any owner or applicant is hereby determined
to be eight thousand dollars ($8,000) per space. If any payer's funds are not used
by the Town for one of the purposes specified in subparagraph 1 within five (5)
years from the date of payment, the unused portion of the funds shall be returned to
the payer upon his application.
2. Section 18.52.160 B 5 is hereby repealed in its entirety.
3. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed this Ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
4. 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.
5. 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.
6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ, AND APPROVED ON FIRST READING this day~of
1991, and a public hearing shall be held on this ordinance on
the day of 1991, at 7:30 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Ordered published in full this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
ORDINANCE N0. 3
Series of 1991
AN ORDINANCE AMENDING SECTIONS 8.10.020 AND 8.10.030
OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE
FOR INCREASED FEES IN THE PROVISION OF FIRE PROTECTION SERVICES
OUT OF THE TOWN LIMITS; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS the Town Council hereby determines that the fees for the provision of
fire protection services outside of the Town of Vail should be increased to reflect
the increased cost of the provision of such services, and to compensate for
inflation;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO:
1. Section 8.10.020 Fees is hereby amended to read as follows:
8.10.020 Fees
The Town of Vail Fire Department shall respond to requests for fire protection
services out of the Town limits, and shall charge the following fees. A minimum
charge for each response shall be no less than one hour.
Medical Calls: $150 per hour.
Pumper Truck: $250 per hour.
Ladder Truck: $500 per hour.
Charge for hour
for each individual
responding to call: $35 per hour.
2. Section 8.10.030 Optional Fees for Commercial Dwellings shall be amended to
read as follows:
8.10.030 Optional Fees
As an option to the fee schedule set forth in Section 8.10.020, the Town of Vail
may enter into contracts with property owners who live outside of Town limits for
the provision of fire protection services at a rate of not less .14 dollars per
square foot. ,
3. Chapter 810 is hereby amended by the addition of Section 8.10.035 to read as
follows:
8.10.035 Ad,iustment for Inflation
The fees and rates set forth in Section 8.10.020 and 8.10.030 of this chapter
shall be automatically increased each year by the percentage the Consumer Price
Index has increased over the preceding year.
4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ, AND APPROVED ON FIRST READING THIS DAY OF
,1991, and a public hearing shall be held on this ordinance on the day of
1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
Ordinance No. 4
Series of 1991
AN ORDINANCE ENABLING THE FINANCE DIRECTOR OF THE TOWN OF VAIL
TO DECLARE SALES TAXES IMMEDIATELY DUE AND PAYABLE,
IF HE FINDS THAT THE COLLECTION OF THE TAX WOULD BE JEOPARDIZED
BY DELAY; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, in certain situations involving the insolvency or bankruptcy of
businesses within the Town, it is necessary for the collection of the sale tax that
the Finance Director be empowered, in his discretion, to declare the sales tax
immediately due and payable.
NOW THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado:
that:
1. Section 3.40.200 is hereby amended by the addition of Paragraph K to read
as follows:
Section 3.40.200K JEOPARDY ASSESSMENT
1. If the Finance Director of the Town of Vail finds that collection of
the sales tax will be jeopardized by delay, in his discretion, he may declare the
taxable period immediately terminated to determine the tax and issue notice for
demand for payment thereof; and, having done so, the tax shall be due and payable
forthwith, and the Finance Director may proceed immediately to collect such tax, as
provided for in this Section 3.40.200.
2. Collection under this Paragraph K may be stayed, if the taxpayer gives
such security for payment as shall be satisfactory to the executive director.
2. 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. -
3. 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.
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.
5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ AND APPROVED ON FIRST READING THIS day of ,
1991, and a public hearing shall be held on this ordinance on the day of
1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk '
-2-
ORDINANCE N0. 5
Series of 1991
AN ORDINANCE AMENDING SECTION 18.40.130 OF THE MUNICIPAL CODE OF
THE TOWN OF VAIL TO PROVIDE THAT FEES FOR SPECIAL DEVELOPMENT
DISTRICT APPLICATIONS, AND FOR MAJOR AND MINOR AMENDMENTS TO
SPECIAL DEVELOPMENT DISTRICTS, MAY BE SET BY THE TOWN COUNCIL
BY.RESOLUTION RATHER THAN ORDINANCE; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to set fees for Special Development District
applications and major and minor amendments to Special Development Districts by
resolution rather than by ordinance; and
WHEREAS, there is no requirement in the ordinances of the Town or in the Town
Charter which require that such fees be set by ordinance.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado:
1. Section 18.40.130 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
18.40.130 FEES
The filing fee for Special Development District applications and for major
and minor amendments to Special Development Districts shall be set by the Town
Council of the Town of Vail by resolution. Applications deemed by the Community
Development Department to have significant design, land use, or other issues which
may have a significant impact on the community may require review by consultants
other than Town staff. Should a determination be made by the Town staff that an
outside consultant is needed to review any Special Development District application,
the Community Development Department shall obtain the approval of the Town Council
for the hiring of such a consultant. Upon approval of the Town Council to hire an
outside consultant, the Community Development Department shall estimate the amount
of money necessary to pay the outside consultant, and this amount shall be forwarded
to the Town by the applicant at the time the Special Development District
application is submitted to the Community Development Department. Upon completion
of the review of the application by the consultant, any of the funds forwarded by
the applicant for payment of the consultant which have not been paid to the
consultant, shall be returned to the applicant. Expenses incurred by the Town in
excess of the amount forwarded by the applicant shall be paid to the Town by the
applicant within thirty (30) days of notification by the Town.
e
2. 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.
3. 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.
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.
5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ, AND APPROVED ON FIRST READING this day of
,1991, and a public hearing shall be held on this ordinance on
the day of 1991, at 7:30 p.m. in the Council Chambers of
the Uail Municipal Building, Vail, Colorado.
Ordered published in full this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
~r
f INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-3-
ORDINANCE N0. 7
Series of 1991
AN ORDINANCE AMENDING SECTION 9,34.030 OF THE MUNICIPAL CODE
OF THE TOWN OF VAIL TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR
ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS TO HAVE
_ IN HIS POSSESSION ANY FERMENTED MALT BEVERAGE, AND AMENDING
SECTION 9.34.040 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL
TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY FERMENTED MALT
BEVERAGES TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS;
AND SETTING FORTN DETAILS IN REGARD THERETO
WHEREAS, State Law now prohibits persons under the age of twenty-one years from
consuming malt beverages; and
WHEREAS, the Town Council wishes to conform the pertinent ordinances of the Town
of Vail to the State Law; "
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO:
1. Section 9.34.030 of the Municipal Code of the Town of Vail is hereby amended
to read as follows:
9.34.030 Possession of Liquors by Under-aqe Persons
It shall be unlawful for any person under the age of twenty-one years to have in
his possession or in his control in a public place or a privately-owned place opened
to the use and access of the public, any malt, vinous, or spirituous liquors, or any
fermented malt beverages in any container of any kind, whether open or unopened,
within the town limits of the Town of Vail.
2. Section 9.34.040 of the Municipal Code of the Town of Vail is hereby amended
to read as follows:
9.34.040 Sale to Minors
It shall be unlawful for any person to procure for, sell to, or give away within
the town limits of the Town of Vail, any malt, vinous, or spirituous liquors, or any
fermented malt beverages to any person under the age of twenty-one years.
3. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ, AND APPROUED ON FIRST READING THIS DAY OF ,
1991, and a public hearing shall be held on this ordinance on the day of
1991, at 7:30 p.m. in the Council Chambers of the Uail
Municipal Building, Vail, Colorado
Ordered published in full this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1991.
Kent R. Rose, Mayor -
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
ORDINANCE N0. 8
Series of 1991
AN ORDINANCE AMENDING CHAPTER 12 OF THE MUNICIPAL CODE OF THE
TOWN OF VAIL TO PROVIDE FOR CHANGES AND ADDITIONAL CONDITIONS
RELATING TO STREET OPENINGS, EXCAVATIONS, AND PAVEMENT CUTS;
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, it is the opinion of the Town Council that the public health, safety
and welfare of the inhabitants of the Town of Vail would be served by updating the
street cut ordinance; and
WHEREAS, the Town Council wishes to reduce damage to recently reconstructed Town
of Vail streets;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, '
COLORADO:
1. Section 12.040.200 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
2.04.200 Safetv Devices
Every permitee shall provide a construction traffic control plan in accordance
with the most recent Manual on Uniform Traffic Control Devices published b.y the ,
State of Colorado (MUTCD) for each situation, phase or part of the work. This plan
shall have the Public Works' approval before the permit is issued.. Every permittee
shall provide and maintain all suitable traffic control devices as prescribed on the,
approved Construction Traffic Control Plan for the duration of the project.
Additional safety regulations may be prescribed by the Town of Vail Public Works
Department. Whenever any person fails to provide or maintain adequate safety
devices, such devices may be installed and maintained by the Town, and the amount of
the cost thereof shall be paid by the person obtaining the permit. It shall be
unlawful to willfully move, remove, injure, destroy or extinguish any barrier,
warning light, sign, or notice erected, placed or posted in accordance with this
section.
2. Section 12.040.240(H) of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
12.04.240(H)
Deposits, securities, or performance bonds shall be necessary to ensure that the
cost of repair or maintenance is paid by the permittee.
3. Chapter 12.04 of the Municipal Code of the Town of Vail is hereby amended by
the addition of Section 12.04.245 to read as follows:
Any permittee shall warrant all work completed pursuant to this chapter for one
full year from the date of the completion of the work. The Town of Vaill shall hold
all deposits, securities or performance bonds deposited by the permittee as a
condition of granting any permit during the period of the one-year warranty. One
month prior to the expiration of the one-year warranty, the Town of Vail Public
Works Department shall inspect the street cut. If the work is acceptable to the
Town of Uail Public Works Department and to utility companies who serve the Town,
the security will be returned to the permittee at the end of the one-year period,
provided the street cut remains acceptable in the twelfth month, and the necessary
soils compaction tests are provided, as required by Section 12.04.270.
4. Section 12.04.240 of the Municipal Code of the Town of Vail is hereby
amended by Paragraph I to read as follows:
12.04.240(I)
When a reasonable alternative exists as determined by the Public Works Director,
street cut permits shall not be issued on Town streets which have been reconstructed
as a part of the Town of Vail Street Improvement Program. The Town shall provide
all utilities with a copy of the adopted Town of Vail Street Improvement Program and
any amendments thereto on an annual basis.
5. Section 12.04.250 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
12.04.250 Paved Street Restoration-Required
All pavement costs, openings and excavation shall be backfilled, surfaced and
restored. Final surfacing shall be made within thirty days from the date the street
cut permit is issued. Failure to complete surfacing within the thirty-day period
shall deem the street cut permit null and void. The performance bond or security
will also become due at this time. The Department of Public Works shall then take
steps necessary to complete the unfinished work. The original permittee may also
complete the work upon obtaining a new permit and performance bond. In the case of
street cut permits issued after October 15th, the permittee shall completely restore
the paved surface by November 15th without exception. Failure to do so will also
result in the permit becoming null and void. The performance bond will become due
on November 15th, and the Department of Public Works shall take the necessary steps
to complete the work. Backfilling under paved streets shall be in accordnace with
the specifications in Sections 12.04.260 and 12.04.340.
-2-
. 6. Section 12.04.260 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
12.04.260 Paved Street Restoration-Material
Material shall be granular, consisting essentially of sand, gravel, rock, slag,
disintegrated granite or a combination of such materials. It shall be a well-graded
mixture containing sufficient soil mortar, crusher dust or other binding materials
which, when placed and compacted, will result in a firm, stable foundation.
Material composed of uniformly sized particles or which contains pockets of
excessively fine or excessively coarse material will not be acceptable. The
backfill material shall meet the following gradation:
Sieve Designation Percent by Weight Passing
Z 1/2 inch 100 ,
2-inch 95-100
No. 40 30-60
No. 200 5-15
All material passing the No. 40 sieve shall have a liquid limit of not over
thirty five and a plasticity index of not over six. Test for a liquid limit and
plasticity index shall be in accordance with A.A.S.H.T.O, designations T-89 and T-91
respectively.
Six inches of Colorado Department of HiAhwa_y's Class 6 Aggregate Base Course
will be required on top of the subgrade material. The Class 6 A.B.C. shall meet the
following gradation:
Sieve Designation Percent b.y Weight Passing
1-inch 100
3/4-inch 95-100
1/2-inch 20-55
3/8-inch 0-15
No. 4 0-5
7. Section 12.04.270 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
12.04.270 Paved Street Restoration-Construction Methods
A. The bottom twelve inches and the top eighteen inches of the subgrade
backfill shall be the same type of backfill material specified in Section 12.04.260.
The excavated material may be used for the remainder of the backfill, provided that
no materials greater than six inches in diameter shall be used for backfill. The
material shall be deposited in layers not exceeding twelve inches in thickness prior
-3-
to compacting. Each layer shall be compacted with suitable mechanical tamping
equipment. It shall be compacted sufficiently to obtain afield density which is at
least ninety-five percent of theoretical density as determined by A.A.S.H.T.O.
Method T-147. The Department of Public Works shall require all permittees to have a
soils compaction test performed by a professional soils engineer registered in the
State of Colorado during the backfill operation. Results of the soils compaction
test must be submitted to the Town of Vail Public Works Department as soon as they
are available. The cost of the compaction test shall be paid by the permittee.
Frequency of soils compaction tests required will be made by the Public Works
Department at time of permitting. Compaction methods not authorized herein must be
approved by the Department of Public Works prior to their use by the permittee.
B. All longitudinal cuts that are located four feet or more into the paved area
and exceeding fifteen feet in length .shall be patched and the entire street overlaid
with asphaltic concrete a minimum of one and one-half inches thick. This
requirement shall not be applicable to cuts for the installation of structures that
extend four feet or more into the paved area, unless otherwise required by the
Director of Public Works.
8. Section 12.04.280 of the Vail Municipal Code is hereby amended to read as
follows:
Section 12.04.280 Unpaved Street Restoration-Material
The bottom six inches and the top twelve inches of subgrade backfill shall be
the same type of backfill material specified in Section 12.04.260. Six inches of
Class 6 A.B.C. as specified in Section 12.04.260 will be reouired on top of the
subgrade material. The excavated material may be used for the remainder of the
backfill, provided that no materials greater than eighteen inches in diameter shall
be used for backfill.
9. Section 12.04.290 of the Vail Municipal Code is hereby amended to read as
follows:
Section 12.04.290 Unpaved Street Restoration-Construction Methods
The backfill material shall be deposited in layers not exceeding eighteen inches
in thickness prior to compacting. Each layer shall be compacted with suitable
mechanical tamping equipment. It shall be compacted sufficiently to obtain a field
density which is at least ninety percent of theoretical density as determined by
A.A.S.H.T.O. Method T-99. Field density shall be determined by A.A.S.H.T.O. Method
T-147. In no event shall water jetting be allowed for compaction of backfill
material.
-4-
10. Section 12.04.300 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
12.04.300 Unpaved Nonvehicular Public Places Restoration,
Excavations in unpaved public places not used as vehicular ways may be
backfilled with suitable material and shall be compacted in lifts not to exceed
eighteen inches in depth to sufficiently obtain afield density which is at least
eighty-five percent of theoretical density as determined by A.A.S.H.T.O. Method
T-99. Field density shall be determined by A.A.S.H.T.O. Method T-147. The top six,
inches shall be a topsoil material meeting the following specification:
Topsoil: Natural, friable, fertile soil characteristic of productive soil,
in the vicinity, reasonably free of stones, clay lumps, roots, and other
foreign matter.
All vegetated areas shall be returned to their oriainal condition. This
includes grasses, sod, shrubs, trees, flowers and an.v irrigation system disturbed
during the excavation process per Department of Public Works' Standard Landscaping,
Restoration specifications. The lines and grades of the completed grading shall
meet the original lines and grades prior to commencement of work.
11. Section 12.04.310 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
12.04.310 Asphaltic Concrete or Oil-and-Chip Surface Restoration,
The cut and restoration of asphaltic concrete or oil-and-chip surface shall be
made in the following manner:
A. The initial pavement cut shall be made a minimum of one foot wider than the
trench on all sides of the trench, a minimum of three feet wide, and the cut in the
paving shall be made with a power circular saw or other method as specifically
approved in writing by Public Works.
B. The asphaltic concrete or oil-and-chip surface shall be of grade E, E(xl or
equivalent Hot Bituminous Pavement (HBP1. The asphalt cement shall be AC10. The.
minimum depth of asphalt concrete pavement placed over the six inches of Class 6
A.B.C. shall be as follows or match the depth of the existing surface surrounding
the excavation, whichever is greater:
Bike Paths: 3 inches
Local Streets (Public/Privatel: 3 inches
Collector Streets: 5 inches
Arterial Streets: 6 inches
-5-
The minimum lift shall not be less than one and one-half inches thick and the
y
maximum lift shall be two and one-half inches.
The new surface shall meet the lines, grades, quality and appearance of the
existing surface surrounding the excavation, and be sealed with a chemical as
approved by Public Works.
12. Chapter 12.04 of the Municipal Code of the Town of Vail is hereby amended
by the addition of Section 12.04.315 to read as follows:
12.04.315 Portland Cement Concrete Pavement, Walks, Gutter Pans and Curb
Restoration
The cut and restoration of Portland cement surfaces shall be made in the
following manner:
A. The initial pavement cut shall be made a minimum of one foot wider than the
trench on all sides of the trench, a minimum of five feet wide, and the cut in the
paving shall be made with a power circular saw or other method as specificallu
approved in writing b.y Public Works.
B. The minimum pavement section shall be six inches or match existing,
whichever is greater, on top of the six inches of A.B.C. The concrete
specifications shall meet the Colorado Department of Highways specifications for
Portland cement concrete pavements.
Concrete for gutters and curb and gutter shall be reinforced with fibrous
concrete reinforcing at the rate of 1.5 lb/C.Y. Fibers shall be 100% virgin
polypropylene fibrillated fibers. Add fibrous concrete reinforcement to concrete
materials at the time concrete is batched in amounts in accordance with approved
submittals for each type of concrete required. Mix batched concrete in strict
accordance with fibrous concrete manufacturer's instructions. The new surface shall
meet the lines, grades, quality and appearance of the existing surface surrounding_
the excavation, and be sealed with a chemical as approved by Public Works.
13. Chapter 12.04 of the Municipal Code of the Town of Vail is hereby amended
by the addition of Section 12.04.440 to read as follows:
12.04.440 Appeal
Any utility which is denied the issuance of a street cut permit, or which has a
street cut permit revoked may appeal such denial or revocation by filing an appeal
in writing within five days of such revocation or denial with the Town of Vail
Building Board of Appeals. The Building Board of Appeals will schedule a hearing
within ten days of the receipt of the appeal, and provide notice of such hearing to
the applicant. The Board of Building Appeals after hearing evidence presented by
-6-
the applicant and the Town ma_y confirm, amend or modify the action of the Public
Works Director of the Town.
Whenever a utility street cut revocation or denial is being heard by the
Building Board of Appeals, a representative of the utility companies servicing the
Town of Vail shall be entitled to sit on the board and cast a vote. The
representative of the utility companies, who shall be entitled to sit on the
Building Board of Appeals when it hears the appeal of a revocation or denial of the
issuance of a street cut permit, shall be chosen by a vote of all the utility
companies serving the Town of Vail. The Town shall be notified b_v a .ioint letter
signed by all the utility representatives not later than February 1st of each ,year,
as to who the utility company representative shall be for the current year. Any
utility company whose street cut permit has been revoked or denied by the Public ,
Works Department ma.y appeal any decision of the Building Board of Appeals relating
to the revocation or denial of the street cut permit b_y filing a written appeal to
the Town Council of the Town of Vail within thirty days following such decision.
The Town Council shall hear the appeal in accordance with its rules and procedures.
The Town Council may confirm, reverse or modify the action of the Building Board of
Appeals.
14. Section 12.12.010 of the Municipal Code of the Town of Vail is hereby
amended to read as follows:
12.12.010 Abutting Property Owners Required to Connect to Utilities
Whenever any paving of the street is authorized or ordered by the Town Council
of the Town of Vail, its agents or employees, the Town Council may order the owners
of the abutting property to connect their premises with the gas, sewer or water
mains, or with any other utility in the street right-of-way. If connecting to
utilities is not feasible, the Town Council may order owners to share in the cost of
constructing main line improvements outside of the paved street right-of-way. Upon
default of any owner for twenty days after such an order to make the connections,
the Town Manager may contract for and make the connections or improvements at the
same distance under the regulations and in accordance with the specifications as may
be prescribed. The whole cost of each connection or improvement including labor,
material, equipment, necessary engineering, legal and publication expenses, shall be
ascertained by the Town and the cost to each owner shall be determined according to
the material used and worked on under the contract in connecting or improving such
property to said utilities. The engineering, legal and publication expenses shall
be charged in such proportion as each connection or improvement bears to the whole.
15. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ, AND APPROVED ON FIRST READING THIS DAY OF ,
1991, and a public hearing shall be .held on this ordinance on the day of
1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
_g_
u
TOWN OF UAIL ~
75 Sotcth Frontage Road Office of the Town Manager
Vail, Colorado 816>7
303-479-2105/FAX 303-479-21 S7
March 22, 1991
Mr. Emmanuel Hatjiyannis
763 South Oneida Way
Denver, Colorado 80224
Dear Mr. Hatjiyannis:
On behalf of the Town of Vail, I thank you for your recent note regarding
the Vail Public Library.
The Town Council has considered the library an important amenity in our
resort community and has supported continual expansion of its programs and
services. As you might know, the library has branched into arenas which many
libraries its size have not, such as video, compact discs, personal computers,
lecture series, children's programs, computer assisted information tracking and
much, much more.
Many visitors have told stories of coming unexpectedly across the library
and, to their surprise, spending many hours of their vacation taking advantage
of the offerings there. We hope to continue improvement of these offerings
which benefit guests and residents alike on a year round basis.
It is always nice to receive positive feedback and I thank you again for
taking the time to drop us a note. We hope you will visit our mountain
community again soon.
Sincerely,
Rondall V. Phillips
Town Manager
cc: Vail Town Council
Ms. Annie Fox, Library Director
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The Defiant Encore is the successor to the
famed Defiant, and just as the original De- _ _ _ -
fiant revolutionized wood burning to meet
the energy needs of the 1970s, the Defiant
Encore is no less revolutionary in meeting
the environmental demands of the 1990s.
And like the Defiant before it, the Encore Y _
meets these challenges in a way that tom- - _
bines quality, elegance and practicality.
a
-:,e Defiant Encore employs advances in -
:~:bustion technology far beyond anything
Tiered by any other stove manufacturer. .
These advances not only mean a cleaner en- ~ ~
vironment, but safer and more economical
use of fuel. But technological advances alone _ t
don't begin to tell the whole story. As you 1;\\\ - ~
can see from these pages, the Encore is, _ .a
quite simply, a beautiful stove, finely crafted ` ra-~-:.-
from cast iron and available in a variety of ~ %
porcelain enamel finishes. And, hidden -
• behind the stove's unique beauty are features _
and conveniences that make it a joy to use.
Clean burning ,
~chnology
:o understand and appreciate the extraor-
dinary value of the Defiant Encore, it is first
necessary to look inside. Within the cast-iron
walls of the Encore is an advanced combus-
tion system, which makes the Encore one of
the cleanest-burning wood stoves ever made.
Through its highly efficient combustion, the
Defiant Encore assures a cleaner and safer
environment.
• This •'ualk-tnrou,n" seuin; prof ides .::iramc:ic total port: rot a Defiant Encore, md.
one of the most ,:::r::cttt ~ stores erer .:,sanc;i.
Performance standards for wood stoves have -
been established by the federal Environmen-
cal Protection Agency. The Encore not only creosote in the chimne~:. Creosote orms when the hot
meets these standards, but far surpasses them. The EP.~, smoke Trom a ste~•e meet- the toe::- surfaces of the
standards require that stoves like the Encore emit rio -more chimne~:. As a result, tine smoke -aces condense. Torming a
'T}t+an -1.1 grams of smoke per hour. The Encore emits about eoor~, hiahi~~ ria::~mab;e substance. Excess creosote ac-
}half that. Ixt's put it another way. The Encore is roughl}• cumulation can -cult a chimr.e•: rare. But the Encore
20 times cleaner-burning than an older airtight store. In burns most or t e smoke before can lodee in the
other words, if you own an older airtight, that stove is chimney as crees~~te. It ;s not on•: a clean and efficient
producing as much smoke as would 20 Encores. end in sco~~e, but a ~~er~ safe one. coo.
the 1990x, as the human population looks to reduce its
harmful impact on• the environment, it is important for en- Clean and eaS ~
vironmencal ethics to guide your buying decisions. The
Defiant Encore is a clear choice. ~ ivlodern wood stove technology has been workine on two
fronts. The first. dean burning, ~~~e ye covered. The second
But clean combustion not only benefits the ern•ironment. is of equal importance. It revolves around the ease and
The benefits to the stove owner are even greater. Clean pleasure of. using= the sto~~e. The Tart is, if the stove is dif-
combustion is also highly efficient combustion. By burning ficult and cumi-;rsome to use, all t:ae efficiency in the
• off the smoky gases that would otherwise drift out the world is of limited value.
chimney as pollution, the Defiant Encore gives you more
i heat from your firewood. This translates into less wood to A case in point a fire vien•ing.:-~> yourself this: Wh~~
buy (saving you money), or less wood to cut, split and have a fcrepiace or wood stove it tea can't see the fire.
stack (saving you time). In fact, the Defiant Encore has ~Catchine the dancin_ dame of a wood fire has charmed
• achieved an overall efficiency rating of 72.6 percent. human bein=~ si^.ce the beeinnir:_ oT time. and it's no dif-
ferenr today. He~~:ver, man•; older stores didn't have glass
Clean burning provides another major benefit: safet~•. B~~ doors throueh which t.~ r few the And even on those
burnine off the smoky gases, the Encore's combusn~~n stoves that ,iii Texture Mass fronts, t'r,e class would get
system eliminates most gases that would otherwise form coated with s~~e; as sot~n as you the fire.
l•en-; Cas:mps Defiant Encore-Q
RECD MAR 2 g 19 91
EAGLE COUNTY BUILDING
551 BROADWAY
OFFICE OF THE P.O. BOX 850
BOARD OF COMMISSIONERS EAGLE. COLORADO 81631
(303) 318.8605 FAX: (303) 328.7207
.y ,_`_`G~~.
EAGLE COUNTY, COLORADO
AGENDA
BOARD OF EAGLE COUNTY COMMISSIONERS
REGULAR MEETING DAY
MONDAY, APRIL 1, 1991.
9:00 - 10:00 a.m. WORK SESSION - WEEKLY IIPDATE
James R. Fritze, County Manager
10:00 - 10:45 a.m. PENDING LITIGATION
Kevin Lindahl, County Attorney
10:45 - 11:00 a.m. ***BREAR***
11:00 - 11:15 a.m. BILL PAYING
Linda Pankuch, Accounting
Larry Cleaver, Controller
Revuested Action: Approval. `
PAYROLL FOR APRIL 4, 1991
James R. Fritze, County Manager
11:15 - 11:30 a.m. APPROVAL OF MINUTES
Johnnette Phillips, County Clerk
11:30 - 11:45 a.m. COST OF CACHE ITEMS FOR PANORAMA FIRE
A.J. Johnson, County Sheriff
ACTION:
Consider approval of payment for
fire equipment.
PALS: 1
11:45 - 12:00 a.m. 1. AWARD OF 1991 CHIP SEAL PROGRAM
Larry Metternick, County Engineer
Don Fessler, Road & Bridge Supervisor
ACTION:
Consider award of 1991 Chip Seal Program.
2. AWARD OF 1991 PAVEMENT MARRING PROGRAM
Larry Metternick, County Engineer
Don Fessler, Road & Bridge Supervisor
ACTION:
Consider award of 1991 Pavement Marking
Program.
12:00 - 1:30 p.m. ***LUNCH***EMPLOYEE GET ACQUAINTED
1:30 - 2:00 p.m. LIOIIOR LICENSES
Kevin Lindahl, County Attorney
1. Covered Bridge Cafe
ACTION:
Manager Change
2. Bob and Altars
ACTION:
Renewal.
3. Wolcott Partners
ACTION:
Renewal.
2:00 - 3:00 p.m. EXECUTIVE SESSION - PERSONNEL
3:00 - 3:15 p.m. ***BREAR***
3:15 - 4:15 p.m. nISCUSSION WITH HALE IRWIN RE: GOLF
4:15 - 5:00 p.m. WORK SESSION RE: EAGLE COUNTY HANDBOOR
Judy White House, Director Human Resources
THIS AGENDA IS PROVIDED FOR INFORMATIONAL PURPOSE ONLY - ALL TIMES
ARE APPRO%IMATE. THE BOARD WHILE IN SESSION MAY CONSIDER OTHER
ITEMS THAT ARE BROUGHT BEFORE IT. FAGS 2
4/1,/91
EAGLE COUNTY BUILDING
_ 551 BROADWAY
OFFICE OF 7HE P.O. BOX 850
BOARD OF COb1MIS510NERS i EAGLE. COLORADO 81631
(303) 328.8605 FAX: (303) 3287207
EAGLE COUNTY, COLORADO
AGENDA
BOARD OF EAGLE COUNTX COMMISSIONERS
REGULAR MEETING DAY
TUESDAY, APRIL 2, 1991
9:00 - 9:05 a.m. RESOLUTION RE: CORRECTION OF TAXATION AND
ERRONEOUS TAX LIEN SALE CONCERNING CERTAIN
REAL PROPERTY IN RED CANYON ESTATES
Glenn Harsh, Assistant County Attorney
ACTION:
Consider approval.
9:05 - 9:15 a.m. RESOLUTION PROCLAIMING APRIL 7-13. 1991
~~NATIONAL COUNTY GOVERNMENT WEER~~
James R. Fritze, County Manager
ACTION:
Consider adoption of the resolution
9:15 - 9:30 a.m. BOCC - MEETS 911 AUTHORITY BOARD
9:30 - 12:00 noon TOUR OF GYPSUM PLANT
12:00 - 1:00 p.m. ***LUNCH***
1:00 - 3:00 p.m. CONTINUE TOUR OF GYPSUM PLANT
THIS AGENDA IS PROVIDED FOR INFORMATION PURPOSES ONLY - ALL TIMES
ARE APPROXIMATE. THE BOARD WHILE IN SESSION MAY CONSIDER OTHER
ITEM3 THAT ARE BROUGHT BEFORE IT.
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To Vail Valley Activities & Special Events
March 29 to Apri 1 10, 1991 Published by the Town of Vail
MARCH 29-GOOD FRIDAY April 2 Continued
Fri. -PASSOVER BEGINS AT SUNDOWN -OPEN WEIGHT ROOM at the Red Sand-
-SPRING BREAK KIDS PROGRAM at the stone Gym from 6-8PM. $2 drop-in.
Red Sandstone Gym from 7:30AM to -OPEN BASKETBALL at the Red Sandstone
6:PM. $10/child. Call 479-2292: Gym from 6-9PM. $2 drop-in fee.
-EAGLE CAMERA CLUB PHOTOGRAPHY -TODDLER STORY TIME at the Vail
SHOW at the~Vail Library. Library at 10:00AM.
-CMC STUDENT ART SHOW at the Vail
MARCH 30-PASSOVER Library.
Sat. -CHOCOLATE LOVERS CHARITY CLASSIC
at the Westin, 5:00 Private Party, APRIL 3-OPEN WEIGHT ROOM at the Red Sandston
$50; 6PM general, $10. 6:15 PM Weds. Gym from 6-8PM. $2 drop-in fee.
Celebrity Pie-Eating Contest. -PRESCHOOL STORY TIME at the Vail
-EASTER EGG HUNT at Dobson Arena Library at 10:00AM.
for kids ages 2-12. lOAM. -CLUB EVERGREEN at the Daily Grind at
-EASTER EGG.HUNT at PJottingham Park 8PM. .Open microphone at 9:OOPM.for
for kids. Call 949-5189. poets, readers, lyricists.
-NAIL CASINO NIGHT at the Marriott. -CMC STUDENT ART SHOW at the Vail
Benefit Early Education Assoc., Library. .
7:30-midnight, $15 in advance, $20
at door. Carribean.theme, dress APRIL 4-LIBRARY ADVENTURE SERIES at the Vail
encourgaged. Call 476-5684. Thurs. Library at 7PM, "Diet & Climbing"
-MASTER NATIONALS SKI RACE in Vail by Julie Ann Lickteig, nutritionist.
-NORDIC TRACK FESTIVAL FINALS~at -OPEN WEIGHT ROOM at the Red Sand-
lOAM at the Vail Nordic Center. stone Gym from 6-8PM. $2 drop-in.
-NAIL VALLEY GALLERY ASSOCIATION ART
MARCH 31-EASTER SUNDAY WALK at all Galleries in Vail &
Sun. -MASTERS NATIONALS SKI RACE in Uail Lionshead from 5-9:OOPM.
-TELEMARK FESTIVAL GRAND FINALE at -CMC STUDENT ART SHOW at the Vail
Golden Peak XC Center at lOAM. Library.
APRIL 1 -APRIL FOOLS DAY!! APRIL 5-TASTE OF NAIL WINE & FOOD FESTIVAL
Mon. -AVON ROAD CLOSES TODAY Fri, at the Lodge at Vail all day. Call
-DANCING FOOLS SHOW. at C.J. Capers Deborah at 476-1000.
at 8:OOPM. $10 includes dinner & -HARD CORE CHALLENGE. Call 476-5601.
show. Call 827-4004.. -INTERNATIONAL DEMONSTRATION TEAM
-OPEN WEIGHT ROOM at the Red Sand- CHAMPIONSHIPS in Vail -
stone Gym from 6-8PM. $2 drop-in. -CMC STUDENT ART SHOW at the Vail
-CMC STUDENT ART SHOW at the. Vail Library.
Library.
APRIL 6-9 HEALTH FAIR.at.Battle Mountain
PRIL 2---SPRINGTIME IN THE ROCKIES LUNCHEON Sat. High School from 7-LOAM. Blood tests
ues. & FASHION SHOW at the Hyatt Regenc done for $20 after 12 hour fast. For
at noon. $25/person. 479-7260. information call 479-7228.
-NAIL WRITERS GUILD at 7PM at A -TASTE OF NAIL WINE & FOOD FESTIVAL at
Readers Feast in Avon. the Lodge at Vail all day. 47.6-1000.
-GREAT DAY TO SKI THE NAIL VALLEY!! -RONALD MACDONALD CHILDRENS CHARITIES.
L5918 ope~o~o~ '~ie~
peon e6elua~ ylnos SL
~0
r?
~ IMPORTANT PHONE NUMBERS ~
~ TRANSPORTATION ~ CHURCH SERVICES
Town of Vail Buses 479-2172 Vail Interfaith Chapel 476-3347
Beaver Creek Transit 949-6121
Trailways Buses/Greyhound 476-5137 ~ EMERGENCY SERVICES
Emergency situations 911
Airport Transportation Service 476-7576 Vail Police (non-emergency) 479-2200
Colorado Mountain Express 949-4227 Fire Department (non-emergency) 479-2250
Vans to Vail 476-4467 Hospital-Vail Medical Center 476-2451
Vail Valley Taxi 476-TAXI Women's Resource Center 476-7384
Budget Rent-a-Car 949-6012 Vail Chiropractic Center 476-1831
Hertz Rental Caz 524-7177 Parents Anonymous 476-3350
Dollar Rental Car 1-800-800-4000 Doctor's Office 476-5695
Thrifty Rental car 476-8718 Animal Control 479-2256
Lindos Rental Caz 479-0662 Eagle Vail Animal Hospital 949-4044
Internal Medicine 476-7000
~ PARKING Sports Medicine 476-7510
Parking Structures 479-2177 or 479-2176 Chiropractic Caze 476-0444
Pharmacy 476-5851
~ SKI & ACTIVITY INFORMATION Alcoholics Anonymous 476-0572
Vail Associates, Inc. 476-5601 ~ SHIPPING
Vail Nordic Center (winter) 476-8366 Rocky Mountain Delivery & Tran~Y.,,~ 926-1066
Vail Resort Association 476-1000 Custompack 949-6655
Beaver Creek Activities Desk 949-5750 Mail Boxes Etc. 476-3292
~ CULTURAL INFORMATION Red & White Mtn. Express 476-8731
CMC (dance, art, music) 476-4040 ~ GENERAL INFORMATION
Vail Valley Foundation 476-9500 Vail Information 479-1385
Vail Valley Arts Council 476-4255 Town of Vail 479-2100
Colorado Ski Museum 476-1876
Bravo! Colorado 476-0206 ~ VAIL RECREATION
Vail Community Theatre 476-0100 Administrative Office/General Information 479-2279
Vail Public Library 479-2183 Gymnastics 479-2287 ,
Red Sandstone Gym (VB, BB, weightroom) 479-2288
~ CHILD CARE & BABYSi ~ ~ ~~+1G Youth Center 479-2292
ABC Children's Acre 476-1420 Nature Center (summer only) 479-2291
Hundred Acre Wood 827-5876 Tennis (summer only)
Rumplestiltskin School 949-4590 Golden Peak 479-2296
Susi's Vacation Childcare 476-8666 Ford Park 479-2294
Vail Babysitting 827-5279 Lionshead 479-2295
Pot Pourri Day Camp (summer) 479-2290 Golf (May to October) 479-2260
Beaver Creek Day Camp 949-2306 Ice Skating-Dobson Arena 479-2270
Golf Course Skating Rink 479-2265
" WORK SESSION FOLLOW-UP
3/29/91
' FOLLOW-UP SOLUTIONS Page 1 of 2
TOPIC QUESTIONS
8/8/89 WEST INTERMOUNTAIN ANNEXATION ARRY: Proceeding w/legal requirements for Marijke Brofos will be circulating petitions when Larry
(request: Lapin) annexation. gets them to her. Larry is holding off so annexation
will occur closer to end of next year for tax purposes.
5/1 AMEND CODE, 12.04.240, STREET CUT REG/LARRY: Per Council direction, proceed. Going to Council on 4/2/91
PERMITS
7/17 BIKES/ROLLER BLADES AND SKATES/ EN/LARRY: Should bicycles, roller blades, etc. be Researching appropriate ordinances for application to be
SKATEBOARDS prohibited from highly pedestrianized areas in discussed in May, 1991.
the Village and Lionshead, and also including
the parking structures?
7/21 UNDERGROUNDING UTILITIES IN ARRY/GREG: Work with Holy Crass Electric to Revised estimate of costs to property owners mailed.
EAST UAIL establish special improvement district(s) for Undergrounding may occur in fall of '91 or spring of 92.
undergrounding utilities in East Vail.
9/20 LIONS RIDGE FILING 4 ON: Homeowners Assn. would like Town to buy Ron contacted Jim Fritze about tax abatement if Town takes
common area for back taxes and penalties. ownership. Tax liability only about $5,500. County
Attorney says no tax abatement is possible for a property
such as this.
11/27 HERITAGE CABLEVISION ON: Schedule meeting with Ron/Larry/Lynn Johnson Lynn Johnson to meet with Ron and Larry on April 4.
to discuss limited franchise agreement.
12/18 MILLRACE CONDO. ASSN. LETTER RISTAN: Respond. Vail Uentures will respond in writing to our letter. Shelly
has written a second follow-up request.
1/11/91 SNOW DUMP ON/GREG: Workout site acquisition with VA. Final negotiations on land lease underway. Design "
omplete design. has begun.
1/11/91 AGRICULTURE OPEN SPACE LAND RISTAN: Locate all Agriculture open parcels. All located. There are approximately 12 pieces privately
owned not including VA parcels. Item tabled to April,
pending further research
on additional parcels.
1/11/91 OLD TOWN SHOPS/HOLY CROSS ARRY/GREG: Environmental investigation. Drilling completed. Waiting for final lab reports.
SITES
WORK SESSION FOLLOW-UP
3/29/91
TOPIC QUESTIONS Page 2 of 2
FOLLOW-UP SOLUTIONS
2/5/91 CHUCK ANDERSON/YOUTH B/RON: Are we 2 or 3 years behind on this? ast year nominations were solicited twice and none
RECOGNITION (request: Rose) Let's be prepared to award this spring. received. Rob will proceed. Timetable from VMRD is
attached.
3/5/91 AUSTRIA HOUSE PARKING LOT RRY/MIKE BRAKE: Research policy for encroach- toff to seek Council direction on encroachment issue
(request: Lapin) ment on Town of Vail property. during an April Work Session, after Ron, Ken, Mike Brake,
and Greg discuss.
3/19/91 TRUCKS IN THE CORE DURING EN: Complaints have been received by Council onitoring and enforcement underway.
HOURS OF CLOSURE (request: members regarding trucks within the Village Core
Osterfoss) during prohibited hours.
3/19/91 STREET SWEEPING (request: ETE: Recognizing there are attendant costs to on and Caroline to draft letter to Bob Moston for Kent's
Steinberg) additional street sweeping, road dust is signature.
increasing pollution currently. Can we do more?
Lionshead Mall looks terrific after its clean-up
this week!
3/19/91 VRA AND UVI SPACE RISTAN: Will Miller will contact Kristan to ike Mollica is working with Sylvia. Letter of
confirm parking availability should VRA move into pproval in process.
VVI space.
3/19/91 HIGH-RISE FLUES RISTAN: With current mechanical upgrades occurring toff policy is that all flues should be reviewed by DRB.
for local restaurants, flues are being elevated The DRB tries to insure that the flues are designed in
and infringing on neighbor's visual views. Are a sensitive manner.
we going to have a problem with this?
• ':N
~
~~1
tOW~ Of Vall
75 south frontage road office of community development
vail, Colorado 81657
(303) 479-2138
(303)479-2139
March 28, 1991
Mr. Andy Norris
Mr. Frank Freyer
Vail Ventures
1000 S. Frontage
Vail, CO 81657
RE: Westhaven Condominiums
Dear Andy,
As we previously discussed, there is growing concern with the current
condition of the Westhaven property. After speaking with you on
December 28, 1990, you indicated that at this time Vail Ventures is
the owner of the Westhaven/Ruins property and that there were no
plans for work on the project. Frank Freyer later indicated that the
project was part of the reorganization plan for the bankruptcy
procedures. At that time, Frank indicated that the Town would be
supplied with a plan and explanation of the intended improvements to
this project. At this time, I have not received any documentation or
response to the Town's previous request.
The Town is in agreement with neighboring property owners that some
- action needs to be taken to clean up the property. Our department
feels it would be in everyone's best interest if this were to take
place in the near future. If demolition of the project is not
possible at this time, the Town would suggest extensive landscaping
that would screen the foundations from all possible viewing points.
The Town is also interested in discussing the possibility of the site
being used for affordable housing.
Please contact me as soon as possible with your response to the
Town's concerns. Thank you for your assistance in this matter.
Let's hope we can find a mutually acceptable solution.
Thank You,
Shelly Me o
Town Planner
cc: Kevin McTavish, Millrace and Coldstream Condominiums
Ron Phillips / Town Council
Gary Murrain
u
1~
TOWN OF PAIL ~
75 Soutb Frontage Road Department of Public Works/Transportation
Yail, Colorado 81657
303-479-2158/FAX 303-479-2157
MEMORANDUM
TO: Ron Phillips ~
FROM: Greg Hall 1~k '
DATE: March 28, 1991
RE: Implementation of Parking/Transportation Plan
The Council and Planning Commission were brought up to date on the
Master Transportation Plan in March of 1991. The staff is waiting
on any major concerns that should be addressed regarding the.plan,
as brought up by these two boards. The consultant is currently
working on the 1"=50' functional plans for the Frontage Road
Improvements as outlined in the plan.
The staff will take the functional plans in April to the Design
Review Board for conceptual review, in regards to improvements
being recommended in the plans.
Revisions to these plans will be made and the plans and report will
be taken to Planning Commission in April, for a work session and
straw votes will be taken regarding specific issues in the plan
(loading). The final revisions will be made to the report and
plans and they will be brought to the Planning Commission for
obtaining a recommendation for Council approval in May.
The 1991 Citizen Survey will have numerous questions regarding
improvements proposed in the Transportation Study. The results
will be used as guides for the Council in adopting the plan and by
the staff and Council in further prioritizing the implementation
of the improvements. The plan then will be brought to the Council
for final adoption in June.
The implementation of the plan has and is taking place. Many of
the recommendations regarding parking pricing and transit service
have taken place. The plan recommends areas of implementation in
1-5 years, 5-10 years and 10-20 years. The improvements were
recommended based on need, financing and ease of implementation.
t
' MEMORANDUM TO RON PHILLIPS
March 28, 1991
Page 2
Specific short term recommendations in which staff is anticipating
implementing this year include:
Bus System
o Minor revision to East Vail route as recommended.
o Implementation of the West Vail opposing loops if
additional funds are allocated.
o Begin conversations with UMTA on ways to fund
implementation of the revised shuttle system.
o Send out RFI to bus manufacturers to determine interest
and financial commitments on developing experimental
shuttle vehicles.
o Monitor bus statistics and make any revisions to the plan
as necessary.
Loadina and Delivery
o Change out parking and loading area signs as recommended.
o Monitor effects of new loading areas, work closely with
the CSO's on the effectiveness of enforcing the new
areas.
o In the resolution of the Christiania parking lot land
ownership problem, negotiate the possible use of a
building's Gore Creek Drive frontage level for use as a
truck loading area.
o Work closely with the Vail Village Streetscape Master
Plan to ensure adequate areas for truck delivery parking
are provided for.
Bicycle/Pedestrians
o Conduct the Vail Open Space Master Plan and Recreation
. Path Feasibility Study to determine the practicality of
an off-street bike path from East Vail to Dowd Junction.
o Continue to work on the Dowd Junction Path with all
- involved to see if a project can occur.
o Work with the Highway Department to ensure any
improvements to the Frontage Road include six (6) foot
shoulders for bike lanes.
o Continue to implement projects in the Rec Trails Master
Plan.
o Continue to request funding for sidewalk projects.
o Work closely with the Vail Village Streetscape Master .
Plan to ensure that further pedestrianism and reduction
of vehicles in the Village area is enhanced through the
improvements proposed.
r
MEMORANDUM TO RON PHILLIPS
March 26, 1991
Page 3
Frontage Road Improvements
o Work with Colorado Department of Highways to ensure that
any improvements of the Frontage Road take into account
improvements laid out in the Town's functional plans.
o Work on obtaining funding for Frontage Road improvements
from the State.
o Make as a top priority, obtaining funds for the I-70
underpass near Simba Run.
o Monitor traffic data and make any revisions to the plan
as necessary.
I-70 Improvements
o Work with Colorado Department of Highways and FHWA on
a test project of closing down the I-70 Main Vail ramps
serving traffic to and from the east during peak periods .
Determine what they will require, and if the test can be
accomplished by the 91-92 ski season, if funds exist to
implement the test.
o Work on obtaining funds and approvals for modifications
to West Vail Interchange.
o If the test results on the Main Vail Interchange are
positive, work on obtaining funds and approvals for
permanent improvements.
o Monitor the four-way stop and other interchanges to
determine if any changes to the plan are necessary.
Parking
o Work with Vail Associates to see if the West Day Lot can
be reserved for public parking.
o Monitor the parking statistics to determine if any
changes to the plan are necessary.
Financinq
o Work with the Town staff in determining ways to finance
the improvements and work on securing the funds to
implement the projects.
GH/slh
REC'0 APK u ~I:J J ~
NATURAL ENERGY RESOURCES COMPANY
P. O. Box 567 Palmer lake, Colorado 80133 {719)481-2003 FAX (719)481-4013
}
March 18, 1991
Honorable Roy Romer
Governor, State of Colorado
State Capitol Building
Denver, CO 80203
Re: Larne Water Conservation Reservoir For Colorado
Dear Governor Romer:
In Jim Scherer's December 7th speech to the Metropolitan
Denver Water Authority (enclosed), he promised that EPA will help
Colorado find a large water storage alternative for the vetoed
Two Forks Dam. EPA knows that Colorado needs a dedicated
conservation reservoir that is large enough to hold several years
of wet year surplus for use during severe multi-year drought
cycles. Small reservoirs are more useful for seasonal instead of
cyclical fluctuations. Unfortunately, Colorado does not have an
organized water planning process to evaluate state water issues,
such as large reservoirs.
Our company was formed in 1982 by a group of retired Bureau
of Reclamation executive engineers, who spent lifetimes planning
large water conservation projects for Western states. Since
joining our company, these experts have not been inhibited by old
water rights and institutional constraints in their objective
search for Colorado's optimal large reservoir project. As a
result of their experience and freedom, Colorado's Union Park
Water Conservation Project was conceived. From our .continuing
analysis of Union Park, we have no doubt that this ongoing
project has environmental and economic advantages that are
unprecedented in the water development world. .
Union Park's million acre-feet of off-river storage on the
Gunnison side of the Continental Divide will help Colorado solve
its four most critical water problems: 1) it will protect the
West and East slope's environment and economy during the
inevitable multi-year droughts; 2) it will concurrently satisfy
Metro Denver's 50 year growth needs for about half the safe yield
cost of Two Forks; 3) it will also help correct Colorado's
severely unbalanced water usage between its wetter, untapped
Gunnison Basin and its over-depleted Upper Colorado Basin; and 4)
it will save some of Colorado's unused river compact entitlements
from being permanently lost by default to California's water
crisis and growing political clout. In short, Union Park's
multiple benefits far outweigh the impact of inundating a remote,
sage-covered bowl that can be the world's most efficient
conservation reservoir.
March 22, 1991
AURORA DECISION IMPR.OVF?S COLORADO WA-rrtc FUTURE
Dear Editor:
The March 15th Crested Butte Chronicle quotes Tom~Griswold,
Aurora utility director, as saying: "Both projects (Aurora's
Collegiate and Arapahoe County's Union Park) are subject to the
same legal and environmental impediments. Both are widely
opposed on the Western Slope. I don't think you can differen-
tiate between them."
That statement is incorrect, self-serving and potentially
damaging to Colorado's water future. Griswold is the expert that
mislead Aurora into wasting $2 million on a Gunnison diversion
concept that was never technically feasible. Aurora's political
leaders wisely halted the travesty with their March 7th decision
to drop the Collegiate project.
Collegiate was environmentally and operationally flawed
because it would divert continuously to East Slope storage (Two
Forks), where the water could not be managed to protect the
Gunnison's water based way of life. The project was also not
politically feasible, because it would destroy a state fish
hatchery and one of Colorado's most scenic tourist routes.
Griswold could salvage his credibility and help Colorado if
he would accept the fact that Uniori Park is a totally
unprecedented concept with state-wide environmental benefits
when fully understood. Union Park's large, off-river Gunnison
reservoir will assure more water in Gunnison rivers, when needed,
than ever before. An average 6% of the Gunnison's wasted flood
flows will also be efficiently used for Metro Denver, instead
California growth. The safe yield cost for Metro Denver water
users will be half that of Two Forks. Much of Union Park's large
drought cycle storage will be dedicated to added environmental
and economic protection of Gunnison water interests:
The Collegiate project has been an unfortunate drag on
Colorado's water future, because it has clouded public
understanding of Union Park's large reservoir benefits for both
slopes. Aurora leaders can quickly repair the damage and improve
Colorado's water future by joining all Coloradoans in support of `
the world's finest water conservation project.
d.~st
Dave Miller
P.O. Box 567
Palmer Lake, CO
(719) 481-2003
Union Park's unique site and concept are truly invaluable
assets for all of Colorado. Although farsighted Arapahoe County
is currently carrying the entire development load, there are many
good reasons why the project should be supported by the state and
all Colorado citizens. With an early statewide consensus, Union
Park could be completed in 10 years. It could also be totally
funded in less time, if Colorado would temporarily lease half of
its wasted Gunnison entitlements to water-short California.
Your personal initiatives to get Colorado moving in the
competitive Western water arena will be greatly appreciated by
all Coloradoans. We will be honored to provide briefings and
free technical assistance for a state/EPA evaluation of
Colorado's large reservoir options.
Please advise, and thank you for your consideration.
S'_ncerely,
~2.
Dave Miller
President
/tjm
cc: legislators, EPA, Arapahoe County, water providers
Enclosures: Scherer speech and Union Park articles
9
built. I personally agee that decisions should be made on
~~CAL!$T'ATE ~3rATER' 1V~WS the local level and not in Washington, but the local level
. decision must be open, completely analyzed: and although
no project will come close to full support, a consensus
statewide decision must be developed.
BUILD PUBLIC CONSENSUS,
TRY AGAIN FOR LARGE STORAGE I'm encouraged that a consensuu process will work and I
am encouraged that EPA can be a `positive part of that
Tire following are highlights of the prepared text of the speech process. One of the pare of the veto document that should
by 1im Scherer, Region VII! Administrator, U.S. Environmental encourage you is determination that "No Federal Action" is
Protection Agency, at the annual meeting ~oj the Metropolitan not a practical alternative. This means that EPA has
Denver Water Auuhoriry on December 7. Reprinted with acknowledged that conservation and other small projects
permission of the Metropolitan Denver Water Authority. alone will not satisfy the long-term water needs of the
Metropolitan area. This certainly does not mean that these
When I agreed to talk with you a couple of months ago, I should not be pursued vigorously. I am exvemely pleased
hadn't expected a Two Forks decision and had planned on with the conservation initiatives of the Denver Water Board
skirting the r:,....it issue. Since the timing on that decision in the past year and think they need to be developed fully.
changed, I'll give you my perception about where we go But by the Agency saying definitely that even this will not
from here, but first I want to cell you a little about where serve the long-term needs, the environmental community has
the agency is going now and in the future. It is not my put on notice that EPA will permit a IarQe basin reservoir at
normal style to deliver apre-written speech but with the some time tin the future and the environmental community
sensitivity of the issue, 1 think it is important for me to be better be part of the consensus on the best solution.
fairly precise in what I say. Stonewalling will only mean no input. '
fie. U~ionr Park
I wouldn't be surprised to see a few looks of disbelief and Timing is critical in when this consensus should be
maybe even a snicker when I say that the direction of the developed. With litigation of the veto you may be perceived
agency is not the solely regulatory role of the past and is as standing in the way of further progess. Is time needed
moving to an expanded role of empowering, at the regional, before a process should start anyway? Would litigation tend
state and local levels: -away from looking at environmental to drive some large, long-term wedges between public
issues from only a single perspective of air, water or confidence and buy in to a consensus process or not? These
hazardous waste to looking at the whole environmental are questions you need to answer. I think there needs to be
impact of a site or indusvy and prioritizing how to address some time of healing and maybe even some changes in
the large impacu; -away from purely health risks concerns personalities before a consensus can be formed. Where will
to more emphasis of overall ecological risks; -away from the leadership for such a process come from? It would seem
being an impediment to development to being the technical that senior elected officials must be pan of this solution.
resource, helping others to make sure that development is Should EPA participate in the process? I think the agency
done right; - that recognizes that minimizing waste has an obligation to help find an answer and LaJuana
production, preventing pollution, and anticipating problems Wilcher feels the same way. Should the federal government
are the priority. add some resources to the study needed to determine the two
critical question before you: When is real need going to
I actually do not expect [his goup with your experience of require a Federal permit and what site will best meet the
Two Forks to believe all of this, and the transformation is NEPA and 404 Federal requirements while meeting the local
not happening as fast as all of us would like -but it is cost and supply needs? The leadership should be Colorado,
happening. How does this more proactive role -this desire but I think the Federal government must provide assistance.
to be part of the solution, not pan of the problem -jibe with
a veto of Two Forks? I'm sure by now some of you are saying, "Some of this
sounds reasonable but he tried to speak for EPA once and
First, let's talk a minute about the veto and let me spread you know where that ended up." I can tell you that
the blame a little. It's easy to say that the veto was all Bill Washington EPA wants to be pan of the solution. They
Reilly, EPA, the envtronmentalisu, and was Federal have strongly indicated that they expect me or my successor
government driven. But isn't it fair to say that the to work toward that solution and that they will stay abreast
pr~Y,,.~ents of Two Forks never convinced the people of of all steps in the process so that there will be no last
Colorado (I mean any more than 50 percent of the people) minute surprises. Just as in some of the in-state and
that the reservoir was needed now and/or Two Forks was providez ageements that began to come apart in the Last
the best site? Was the West slope satisfied they were not process, as much as possible must be formalized in
being s~ced to Metro interests? Was there even Metro ageements so that changes in personnel and politics through
agreement on the site? Did decision makers truly listen to the process assures that past steps are not revisited.
concerns of the people and try to meet these? Did anyone
foresee the environmental mood shift in the nation and this None of this will be easy. All of it is necessary. I will be
state? Did the attempt to be farsighted in looking at a long looking for a response from you whether any of it is possible
permit life cloud the lack of support that would come from and ideas how we should proceed and what the agency's role
the perception of "no immediate need?" Were all the should be.
benefits of conservation being explored, implemented, and
commutucated to the public? Little public consensus was Source: Water Matters, January 1991.
r~
,
'Tocusing oar A~ricul[i~re hz Colorrrdn and Adjcicent Sln[es Since 19x9"
Vol. 44, No. 2 Thursday, March 21. 1991 50 Cents Per Copv
Colorado should unite behind
Union Park water proposal
Dear Editor: .
Two out of three key decisions (3) Union Park will help correct
have been made toward solving Colorado's grossly unbalanced
Colorado's major water prob- water usage between its un-
lems. tapped Gunnison Basin and its
The first was EPA's courageous over depleted Upper Colorado
decision to veto the damaging Basia. (The drier Upper Col-
and costly Two Forks Dam. The orado supplies all of Colorado's
second was Aurora's recent de- transmountain water via 18 di-
cision ~to drop its Gunnison di- versions to Front Range farm
version concept. •lx.c-:.~..~e of simi- and urban users.)
lar environmental and economic (4) Union Park will help save
faults. Colorado's unused compact enti-
The only basic decision left is tlements from being
for Colorado to unite behind permanently lost by default to
Arapahoe County's multipur- water short California.
pose, environment-enhancing Union Park's unique reservoir
Union Park Water Conservation site Ls truly an invaluable asset
Project. for all of Colorado - especially
Union Park's million acre-feet for the Upper Gunnison's water
of ofi=river storage on the Gunni- based way of life. The entire
son side of the Continental Di-• project could be paid for in 10
vide will substantially solve Col- years with Rep. Ben Campbell's
orado's four most critical water idea to temporarily lease
problems. Colorado's wasted flood flows to
(1) Union Park will satisfy ~fO~'
Metro Denver's 50-year growth Regardless of who ultimately
needs, for about half the safe Pays, Colorado environmental-
yield cost of'I~vo Forks. water developers, and citi-
zens will soon be united "in com-
(2) Union Park will provide mon appreciation of an uncom-
much needed multi-year drought mon water conservation project
protection for Colorado's envi- Dave Miller
ronmcnt and economy on both President
slopes. Natural Energy Resources CO.
P.O. Boz b67
Palmer bake. CO 80133
i
;
~,r,
11
1~1
TOWN OF PAIL ~
75 Soutb Frontage Road Department of Public Works/Transportation
Yail, Colorado 81657
303-479-2158/FAX 303-479-2157
MEMORANDUM
TO: Town Council ~/V"O
FROM: Todd Oppenheime~~
DATE: March 22, 1991
RE: Ten Year Tree Planting Program
I am pleased to provide you with this information regarding the
implementation of a Tree Planting Program. There are many
opportunities for planting within the Town. These include:.
1. Parks, Stream Tracts And Open Space Areas.
2. Town Of Vail Owned Right-Of-Ways
These areas can be identified and prioritized in a
simple masterplan prepared by in-house staff and
approved by the Council.
9
3. Frontage Road Right-Of-Way And Medians
Part of the Master Transportation Plan being prepared
by Arnie Ullevig or a functional plan for the Frontage
Road. This will identify possible locations and sizes
of medians, turn lanes and driveways. It will also let
us see where possible locations for plantings exist.
These can be prioritized with the. other areas. Design
_ work for each individual area can probably be done in-
. house. The Highway Department has full control and
approval rights over any landscaping done within their
row.
4. Interstate 70 Right-Of-Way
These areas are already identified and prioritized in
the Landscape Improvement Masterplan prepared for
Community Development by EDAW Inc. This program is
' currently funded through the RETT Fund at $100,000 per
year.
f
MEMORANDUM TO TOWN COUNCIL
March 22, 1991
Page 2
5. Neighborhood Tree Planting Program
This type of program has been successfully implemented
in other communities. It could consist of a grant type
program where individual homeowners or homeowner groups
receive funding to plant trees on their property.
Trees would be planted to Town of Vail specifications
within a specified distance from a roadway. The
homeowner would agree to water and maintain the trees.
The quantity of trees that can be planted is, of course,
dependent on the funding level. The typical costs to purchase,
install and guarantee nursery grown trees are as follows:
o Evergreen Tree (8'-10' tall) $400.00 each
o Deciduous Shade Tree (22" caliper) $230.00 each
o Aspen Tree (2" caliper) $110.00 each
Trees, even native species, need supplemental water for at least
the first few years following planting. This helps ensure that
the tree gets off to a good start, is more disease resistant and
maintains a healthier appearance. Watering requires either an
automatic irrigation system or hand watering. There are costs
associated with both. An automatic irrigation system has a
higher capital cost but lower operating and maintenance costs.
The opposite is true of hand watering. I believe that automatic
irrigation systems are more economical and efficient than hand
watering.
Expansion of the Town's parks/open space/landscaping system will
necessitate an increase in personnel, vehicles and equipment at
certain points in time. All the planting opportunities discussed
previously with the exception of the Neighborhood Tree Program
would be an expansion of our system. I can elaborate on these
costs if the Council desires.
TO\dsr
2
VAIL RECREATION DISTRICT
MEMORIAL DAY-RICROFF TO SIIIrII+iER
PROJECTED COSTS
E%PENSEB:
Champion International Whitewater Series $ 9,750
Timing System 500
Banquet for 300 people ~ 1,000
Tent Rentals 750
Sound System 1,000.
Lavatories 500
Misc. Course Needs 1,500
Misc. Media Tent Needs 1,000
Radio/Phone Systems 1,000
Misc. Site Needs 2,000
Security Guards, Traffic Control 500
Children's Festival/Entertainment 1,000
Advertising-Front Range and Vail 1,000
Memorial Day Ceremony (flowers) 200
Pre-Event Media Notification (Front Range & Vail)* 500
Street Banners and Decorations for Town of Vail 1,500
Kick-Off to Summer 5K Run 500
Funding for Vail Resort Association 2,900
Misc. Costs 500
Total Costs $17,850
R~v~NIIE:
5K Fun Run Entry Fees (40 x $5) $ 200
Champion Sponsorship + costs for 10 day trials 6,000
Town of Vail Funding 15,000
Local Sponsorship 1,000
Total Revenue $22,200
Profit $ 4,350
*Assistance from Marketing Board
VAILAMERICA DAYS
REl~ENUE EXPEtJDI TUBES
1991 1991
CONCERT SPONSOR ~ ~UU.GU
CORPORATE SF'DNSOR 1000.GU
ENTERTAINMENT SPONSOR 24GU.OU
PARADE SPONSOF: SUU.OG
GENERAL SPONSOR SUG.UG
CONCERT TICKETS 45UU.GG
ENTRY FEES bUU.UG
50FT GOODS 3UUU.UU
FOOD & BEVERAGE 1UGG.OG
ADVERTISING/PRItdTING
COSTS
POSTERS ~ 400.UG
FLIERS 1GOO.UU
ART WORM: 25U.OG
SIGN COMPANY SU.GU
BANNER SGU.GG
RADIO U
TELEVISION BUU.GG ~~GGG.GG
ASCAP 4GG.G0
DECORATIONS
PARADE/FLATS ETC 20G.OU
FOOD & BEVERAGE lUU.UU
STREET BANNERS 20U.00 SUU.UG
ENTERTAINMENT
PARADE GROUPS 25GO.UU
STREET
ENTERTAINMENT 30GU.UU
FOR 4 DAYS
CHILDRENS AREA
CONCERT AT
AMPHITHEATER 4UGU.00
NAVAL .CHOIR
CASEY THE TRAIN
PETTING ZOO 25U0.00 1?ODU.UO
FOOD Rc BEVERAGE
SOFT DRINF~=:S 6UG. UGI
FOOll ITEMS 12GU.UG
UTENSILS/NAF'k:INS 2GU.GG ~ 2GGG.OU
INSURANCE
SPECIAL EVENTS/PARADE 2GGG.GG
LOGISTICS
FENCING ETC 25G.GG
F'ERM I TS 5G - GG
PRODUCTION FEES °
SOUND CONCERT
PARADE AWARDS 4GG.OG
CONCERT
FRODUCTIDNS ibGG.GG 2GGG.GG
RENTALS
* 2-~ TENTS FOR FDOD & ENTERTAINMENT 2GGU.Gt7
SOFT GOODS
T-SHIRTS ETC_ 3GbU.GG
TRANSF'ORTAT I Off!
BUSES/WAGONS
FDR BANDS, PARADE lUG%v. uG
AWARDS
PARADE 30G.GG
MISCELLANEOUS
LACROSSE, HILL CLIMB, VOLLEYBALL, &
OTHER VMRD CO-DPERATIVE EFFORTS 15GG.GG
TOTALS :~14,GGG.GG ~3G,GGG.GG
EjUI)LiET igg1 - ~:Lr>,r,'~r~r,"~,r~ri
~ I tdD I CATES COOF'EFiAT I VE FUhJD I NG UJ I TH VFiMD
F~:f_:'.~f_I~d(..lE E:;>:f'F_:h•11:,I i(..If~:E:S
i:;E=I~~IEF~:r=il_ SE'Ci1~JSi:1F{ •
:SUFI C~iJGDS~~
ii ~ , i_,~~
Ft-ii-~I? E:~EUEFtF'~t_~E. FiF'GI`•J~~(:?F ~i~tp, r.x_;
FtD,.'ER~~t I S I t~Jt=~;`F'R I tJ'I l tdC~
F:AL'tTG :J:• :_iii• iiii
hdE:UJSF'F~tF'E:f~: AT:~S 7i>~:?. CSC'
F'GS'TEF:S ~ . ~ ~
F l_ I EFTS 1 1 ~;i?. Ci~> ~i~->
TIEI.URE~,I I UC`J/S~ 1 T
LO(_.A TI Uh'-('Q L.~t-I ~I~J ~7%1(1,111_1
Et'J { Ef=; f i; I I~lh1ErJ 1 ~t"~`""' •
F-GGL~ E+EVEF:riGE: :~i.i;_). r_~ri
:t i LdJ r-i S F: E: F= U hd L> D I h~J 1 '-i' ~r't:?
(i"•JEEi.:i i_I~IUUh; L_IAN:[L_I f`r i
i...L1L 7: ~i f I l:S
FE~JC I hJG .?,r aC,, r i[i
F'ERt~I I TS SCE, r."~C~
RENTALS
l Et•JT S -
SOFT GGODS
"f-SHIFTS 8'`'-~•
STAFF
TG F'GL1R ALCGHGL ~~-'f~•~~~~
TOTAL ~67Uu. vU :~35G~OU. uC>
:f hdi;F;l=-r>~~ F: E!~F=1d 1 F~ F:C:if~l i::i1~.IE: _I_~i _I_laJi::i L~F+'r ~i
VAL(_EY C]F THE LIGHTS
{DECEMBER EVENTS, CHRISTMAS TREE LIGHTING)
REVENUE EXPENDITURES
1991 1991
COf:F•ORATE SPONSOR ~ 1 DUU. UU
ADVERTISING
tJEWSPAF'ERS ~ 1 GG~?. UU
F'F:OGRAMS ~GGO. GO ~3GUG. GG
DECORATIDNS
CANDLES AT TREE LIGHTING
AND AT RECEF•T I DN ~,CyCy. UU
ENTERTAINMENT ~Uv.UU
WEEk:ENDS OF
ENTERTAINMENT ~UGG.GG
ICE SCULPTING
ICE 1 GGG. GU 3GGU_ Gtj
FOOD ~ BEVERAGE ~GG.UO
HOT CHOCOLATE CIDER
PRETZEL, DONUTS :~UU.GU
WELCOME RECEPTION
TREE L I GHT I fVG 2U(3 _ UU 5U~1. pU
LOGISTICS
STAGING ~,GG. Utz
PRINTING 45G.UU
PRODUCTION FEES
SOUND 3UU.00
TRANSPORTATION
WAGONS, CARRIAGES iUU.OU
DONATIONS
PERMIT SU.UO
AWARDS
PLAQUE, RIBBONS, TROPHIES, ICE SCULPTING 5U0.0U
TOTAL X2300.00 ~870U.00
Rk::~.'E_h~1lJF::: EXF'EI~aI:~T~TUF~F
s F:~bJi_i~~:F~::~
TOTAL ~ 5UU. UCH ~5, ~•C~t7. tv~
CCiI.1£{ThJELi L-~UliGF_T 19`1 x.11},c;,:.,~_>,;i~;
_
F; E: f= I •.I 1.1 E_ E: f= k:: hJ r)1. -f 1.1 f~: L~: ca
1 ~ i 1 `~f `7 1
E"f'tS ,:}ri, ~.~:.~r_~i;, viii
r L._ - - -
1=~ l1JE::Ek::~•~ C+F
htyL.t._t_.!UI•d:-~:' .I'tr-tIJhIEf1:.~ ~t>i:i. ~._ii i ~}i )i i, ! ii ~
LUC~I`~~T IC:~
SLiUI•aDi f r't~l_.E.t=+ ~}i) i, i ii>
fr-aJal._.E'c~, 'fE-l'~~Il:~, l::ril•!lJf'Y t~'..i:'•'.-"-i
T O ftii_ SVV. uC> :~25UU_ UU
l:; (.:1 !`11'11..11••1.1 I •r F"(t:: i t .i t.-~ l'•.I :I: I ! 1.:11 • r•'r : i..rr •:1.: =i
,
(~.I:_:'•JG_:I•!±..1F:. L ':r-'L_:r•.I::, I. I I.JF;F::~
F1UJFif=;J:?:i
~~I c., Y:rl IL: c: F; i.1 C:; i:,LJ~ I t~JE..:s:3 f~fll:i E=;E 1..: I F' I E= I~! T -J: 1(..?(~?(:J , i i[?
F;UVE:F~; 1 h•1i
t~iF~ l L I t•Ji=~
t•l':•, I ..L.i~r T .I t-.il`•.Ic.i 1 .
'aE.6~:=;F=FhF': F~: f`rI.)c~ '(>!i, riti t:i.rjr_?, r)(~?
_ -
Ei~1 T 1-: F: rf=; T i••Jrlt_i.J i
Jaf~f,!J_? r•r..l.. J r°u'?rj. ~_>i:.? E. E1C;N ::i'[>r_?(_?, r>(_?
F'F;CiJ:)l.Jl:' 1 a: C1t•.I f" E E~ ,
5 trig; I P,t.-~ , SUUtdU , L1Ut`"i F~;Et•J l f11...
.i.. l.. F, I...
:J~9UU~~. UC7
L~LJI)t:L'--=1 1 ~~'`i 1 ~;i;~-~r?r->r j , ~_ji
i
c~F'ti:11'd~t 1=::~H I I~'
l,E:.hIF.F~.r-~I.. ._,F'i.lt1._~f:.1F~..., _ _
. _
~ 1
I~It_ll.~..l_f-l~ tl f # 1-.U k3._;._., r.r ~ .rir?,. rx~
~ .
SF'E F~il':E=:Ft::i i l f ,`'~F'~'f~;La;y; I I`iFt T'E:::L_Y _~`.-ir::>r.i ~.i':it~:H , ' r.?r_?„ rr i
RE_:ha l (iI__ia
F~:C:)~:if'(i;~i::ilJt•.Ili E:l C;. 1-~'C?`-?. `•:)~i
TOTAL :~3t7uC~. t)U $6~?UU. CCU
>:ilJ~?lac f 1'i`~ 1 o;_:~; i(_?, ~::ir_i
r
`.,~::.•i.; I'It:; f:: I_. J: I`dh ;...1 E'~:::~`I L- LaF i=i 1 L..
~:f::.'•:'f-:I~•.IL_IF::: E:::F'E:t~.il:?T ~~UFE:~3
f 'F=;i::il::~(.li:;'I I (:1h.1 F= k~ f:::; 1 !~~!>r i, ~ ,i i
!"t.1'I iyL_ ~1UUV. UU
NUI:~C~L= i - 1 1 - 1 ~
i~i!:~. ~
ii=:~
April 1, 1991 .
Pegggy Osterfoss
Vail Town council
75 S. Frontage Road
Vail, CO 8165'i
Dear Peggy,
In response to your inquiry of earlier today, this is to confirm
that I was correctly quoted in the Vail Tram, and Vail Daily and
am ne longer working on the 2000 to i acre "Tannenbaum" land
exchange. Mr. Tannenbaum ~.nstructed me to cease work on the
proposal late last year, and as far as i am aware, neither Mr.
Tannenbaum or anyone else has plans to revive the proposal. If I
were ever involved again, I would certainly infoxtin and brief the
Town...just as I did last spring when the debate began.
Throughout the Tannenbaum debate, it was distressfng Por me to
witness an attitude on behalf of at least some in the Vail
c........unity that Mr. Tannenbaum, I, or someone i~ Colorado's
cangr~assional delegation would attempt to secretively slip the
legislation through without an opportunity for public comment and
debate. Not only could we not survive in business that way, but
based on aver 16 years of working in and around Capital Hill, it
is my experience that major land transactions such as this IIeve~
get processed in a secretive manner. I can certainly attest that
the II.S. House Ynter~.or Committee, where I worked far 10 years and
where the Tannenbaum bill would have been jointly referred on the
House aide, does not approve land related legislation without a
formal hearing and markup. Further, I cannot conceive that
Congressmen or Senators from any State would agre® to process
legislation affecting their constituents in secret.
So I would hope that if this exchange proposal proved anything,
it is that the Congressional process is extremely open, and that
Congressmen and senators are very sensitive to concerns of their
constituents.
I also hope that the Town feels xagovsek & Associates ~+as fair
with you on this procedurally. One of my very first actions after
finally assembling the land exchange proposal last winter was to
brief Ran Phillips, fallawed by two sessions with the Town Council.
Aftor those meetings I not only attempted to address the Town's
concerns with the initial proposal, but also offered sot4e thoughts
about •Spraddle Creek, the maintenance shed, and the larger
Vail/Forest service boundary question. I did that because even
though I disagreed with the Town on our particular exchange, I am
1420'l~inity Place • Yti01 Broadway + Deavet~ Colorado 80202 • ~96lJ.
14661'ennaplva"i6~ Ave N
W. • Suite 950 • WasluuBEgn. D.C. 20004.202/63x.8899
R80 UnitOd B&nk Building • 1'uehlo, Colntacb 81003 • ?19/b44-0295
April 1, 199.
Peggy Gsterfoss
Page 2
a part-time Vail resident who shares the Council's dcaire to keep
the valley beautiful.
Finally, I grant to thpnk you for your kindness and the Council's
hospitality, despite our disagreements, during What seamed like a
neverending series of debates and press salvos last spring and
fall. This was a very intriguing debate, with some fascinating
policy issues...and I still cart't believe all the attention we gvt.
However, I'm sure you're happy its all over, and so am Y.
Even though I do land exchanges and other Federal lands matters
for a living, it's nat fun to go against thw wishes oP local
officials in a matter arhere .their posftior? is so obviously
heartfelt.
Sin erely
Andy w ssner