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HomeMy WebLinkAbout1992-03-17 Support Documentation Town Council Work Session ~y /~~r y VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 17, 1992 2:00 P.M. IN COUNCIL CHAMBERS AGENDA 1. Site visit to Schmidt Residence. 2. Community Development Department Report. 3. Cable Television Discussion. 4. Information Update. 5. Council Reports. 6. Other. 7. Adjournment. C:WGENDA.WS VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCFI 17, 1992 2:00 P.M. IN COUNCIL CHAMBERS EXPANDED AGENDA 2:00 p.m. 1. Site visit to Schmidt Residence. Shelly Mello 2:20 p.m. 2. Community Development Department Presentation. Kristan Pritz 3:00 p.m. 3. Cable Television Discussion. Larry Eskwith 3:30 p.m. 4. Information Update 5. Council Reports. 6. Other. 7. Adjournment C:WGENDA.WSE I 1 ~~11VV~ ~,IJNIF~RM ~ ~ `;~PLUMSING G - _ Q zi • ~ outage ~O t :>9'~'~ yet: vast, 8 .,:E ''sue''- r~-~'3 ~ y ,ya ~ 39 row oa vq~, ~ ' E,,. - ~ Y rs,i:yT`+``' 47g~21 OEPARTttEIT ~aL, i OF COtp{s,;~:sTF'DE`. eLOPt16hT i . ~ , / C3©3'1 S+r.S ,C'fOV ftJPM ,2 - c / .Yi'- tY1 air,. Ly.V'Ya ~~po%iLy E-'yY `=a Y.r°; ~ ~ V:LOivT Vi. T4 yTL C taE~,L i ~ i :1 TM,~:A ~~V.JW .:pw, rtl. LOSTr. TOT,L ~ ^.r ono,., cyroY 3 a. y„po*` Y'vy„v'` _p ' / 1 ~ .n ' ZgvLVGro+ca2rss~us i , y ~ " a4'l-: ' 21 a»s:-<I. f t^RFpA_v SC..O~Y: CCa! i tJa. `'L•y,Li ~poa0•a- i yl~ ~:1.• VNfF00.M a'\fiMC:LE ~ SSay: •`E;... `pp.. 1 f 11 f/1f .f.'i('vSiy_irt ~ ' - s' ~ mom,-:'s--~m"`oav,^ysmoe ! mmr ~'i ' i~aFa~,.ye.' T.s• i 1 varo.;:~s i •.ro. Tssov ! 1 T .:pr` T~s•=`t> I v,mm,`.,. ontamo ~ cura•1_' rnmi (a ..„,E.S , :I!m1:13:1 SLLZ int"RN~%M21 ~ ' ( I ?`eL i; ,p' i ~ _i?M. @7X f' :3'f$Ty' ~ .'i (Ol " 'IM6s` I .~:mi,.... pE ^L~`E21ir.~uS9Y~0y5 ~~L7 _y~ ~ ,y N. ~.„Eqs; ,u -aJ ..pM .~~401A2 ~•sa"-C.:a.v.=.s • , ipia p~J~ar•. r~'---~-~.~~[ONT?AC"Ca2l.'~yESr~ 1 a~E n y2y: a 9~rc • .•.1 Srk:i?:` OTIIEp F"l2 I 1 .S '~"~pOC` y ? po~JV ? - ~~a'•y T1f ar.;~r StGn 1?Y'GT:av t.a"'~'~...-- ! ~ 1 i ~ i ~ r--,~~ ^ p ieapy y.t 1e1S L~ c+o,` 1 .^!m~ . eEL; p c .a cw n :p e~ i ? -.eG„Ira ,oars- ~ f`r".•0 ' _ y .,y',, ..c yyLOQ 3 . s^ Oy a•:9'p ylp~p:i~ t.4L yaJ 'S sL' i yo. •,oo yzoo yyss~ s_ ed y o0o s n' • o0o y,E o a,` w.'as' ssr EFS ,'pptl„',r~ y2s~2te"L• +y~"'~ ~I ~„r~~~,... f ' ~ i?w a ~ S.ri aiL a`' W X96' ~1_ ~ °,~`%,y~ Ilii ~y~~~~ ~~~,y d ~ E~~~~ P~ ~~C~ E~ b er 2 ~ ~ hum Ron Phillips -Town Manager Produced by: Community Development Department Staff Kristan Pritz, Director Environmental Building Planning Health Gary Murrain Mike Mollica Susan Scanlan _ Ernst Glazle Jill h'a~~merer Dan Stanek Andy Knudtsen Chuck Feldmann Shelly Mello Administration Janeil Turnbull Amber Blecker Lorelei Donaldson i ~~t ~ ~y TORN OF VAIL Town of Vail DEVEL~PMElVT GUIDE Volume 1, Number 2 . . July -December, 1991 This guide has been written to help you understand the Town of Vaii's development process, projects we are currently working on, and other information that may be of Interest to you, your business and your family. The Community Development Department is composed of three d(vislons: Building, Planning, and Environmental Health. The Community Development Department is responsible fora wide variety of programs and projects, which include subdivision planning, reviewing proposals for new construction, reviewing requests for variances, conditional use permits, rezonings, processirig building permits, restaurant inspections, monitoring air quality, enforcement of the sign code, public art, Housing Authority and more. In order to expedite the application process and assist you In meeting schedules, we encourage you to consult with the Town of Vail staff on matters concerning procedures, fees, schedules and submittal requirements before beginning the detailed planning for your protect. We are currently in the process of making changes to the zoning code and building code to may hem more effective for both applicant and Town staff. Our Job Is to help you understand the process. please let us know how we can help youl Please keep in mind that this guide is meant to~give a broad overview of the process. If you have quesflons; please do not hesitate to call the Communty Development Department at 303(479-2138. We publish two editions of this report each year for the community. The next report would be available in August. If there is a statisfic, project update or other data you would like to see us include In the next publication, please let us know. I{ The Vail Town Council consists of seven members, one of whom is elected Mayor by the other Council • members. The Town Council has the final authority on all decisions concerning annexation, rezoning, cre~iion of special development districts, and creation of subdivisions. Upon appeal, the Town Council can review decisions of the Community Development Department staff, the PEC and the DRB. The Town ; Council holds public hearings on the first and third Tuesday evenings of each month, and conducts worksessions each Tuesday afternoon. ' Town Council Peggy Osterfoss -Mayor Merv Lapin - Mayor Pro Tem Jim Shearer Rob Levine Jim Gibson Tom Steinberg - ~ Bob Buckley The Planning and Environmental Commission (PEC) consists of seven members who are appointed by the Town Council and serve two year terms. The PEC hears requests for variances, conditional uses, minor and major subdivisions, special - development districts, rezonings and condominium conversions. They also review exterior alterations in the ~Ilage and Lionshead areas. They hold public hearings on the second and fourth Monday afternoons of each month. Planning and Environmental Commission Diana Donovan -Chair Kathy Langenwalter , Greg Amsden Dalton Williams Chuck Crist . Gena Whitten Ludwig Kurz The• Design Review Board (DRB) consists of four members who are appointed by the Town Council and serve two year terms. Also on the DRB is one member from the PEC, each of whom serves for three months. l t~ . The DRB reviews the exterior design of all new construction, exterior alterations, decks, fences, retaining walls, wclks, color chc~ges, landscaping and signs with relation to design review criteria. They hold public meetings on the first, and third Wednesday afternoons of each month. Design Review Board Ned Gwathmey -Chair Sherry Dorward Patricia Herrington George Lamb Other Town of Vail Boards Include: • Cemetery Task Force Ho!.~:?ng Authority Art in Public Places Dave Cole Jen Wright -Chair Pamela Story -Chair Cissy Dobson ~ Mark Ristow Jim Cotter • Ed Drager Duane Piper Kathy Langenwolter Sally Johnston Jerry Oliver Randy Milhoon Ella Knox Peggy Ostertoss Louro Nash Lou Meskimen Fitzhugh Scott Chuck Ogilby Land Ownership Koren Smith Peggy Osterfoss Adjustment Tom Steinberg Silvia Shapiro Task Force • Jerry Sibley Tom Allender Rev. Don Simonton Mike Brake Herman Staufer Diono Donovan , Kathy Langenwalter . . Rich Phelps Tom Steinberg iii ' ~ FROM THE FRONT DESK... - • _ . , - We currently have three administrative assistants at the front desk area. When calling In for Inspec or visiting the office, you will most likely meet Lorelei Donaldson. If you have questions concerning PEC or Housing Authority, Amber Blecker, Planning Administrative Assistant, will be able to assist yon Janeil Turnbull, Building Administrative Assistant, works with the building division, and handles buildir permits. These ladies are able to answer many of your questions, and can direct you to the right F for further assistance. A reminder to all applicants. The submittal deadlines for the Design Review Board and Planning ar Environmental Commission are listed below. in order to speed up the processing of applications, p be sure to have all submissions to the Community Development Department on or before the dear ' date. Thank youl A reminder to all contractors, builders, architects, etc.: PLEASE call In your Inspection request at lec hours In advance. If you have any doubt as to when you need an inspection, be safe aril call to As the construction season progresses, the building inspectors are busier each day, so if you want c Inspection, please call early! When calling for an inspection, please have the permit number, job r • Job address, type of inspection needed, date, time needed (a.m. or p.m.), and your name and the • company. • ' ~ ~ ~ The inspectors are usually available between B:OOAM - 8:30AM and between 4:30PM - S:OOPM to ar• questions. The length of time required for building permit review Is now approximately three to four weeks fror. time of complete submittal-so please allow for this time when scheduling your projects. Improvement Location Certificates (I.L.C.) are required on all projects unless otherwise specified. PI ask your building Inspector if one will be required for your project. There is a 48 hour review period between the time of submittal to the time a framing inspection can be requested. (Scheduling anc completion of a framing Inspection is conditional upon approval of the I.L.C.). PLEASE NOTE: Effective immediately, new (project) job sites will be required to have adrainage/cui Inspection by the Public Works Department before any building construction Inspections can begin. Please call Public Works at 479-2158, 24 hours in advance for this inspection. ' IV91 PbIK1p and FnvioronNd ComMlrlon 1991 D~alpn WvNw Good Sr~rnEfd O~od6w old MO~rap Dole 31~rnMd Owdna old Mr~rL1p Ddr • 7.a+Mrol D.odti ~ M«wp 0a• 7•.yn,~wl 0.m`.. M..,ro ~ a.c.,*o.r le ~orvor a u<...o. v tlwl) ~onov acrner ]0 Jon,oY t7 _ 7] (1wU brw L brow U F.bnoy 10 6noV 0 f on,or ~ Jo.oy 17 i.bn+oll X ~ lorwY 70 F.bruvv Ic F.bnny 10 Mod.O F,lfnov ] Moll d r~Y1YY 7e M0T 77 flbngy 17 Yacn 11 Mao• 16 b1 U Mad• 7 b1 I Motf•]0 110177 Moll 16 AW 15 Ao1 U MW II ,(ol 0 Mq e A0170 Mp It b1 M Mq. 7C MM 11 Yv 1 Mw a ins ] • Mo7 70 (7.,rdw) fF~.i1o Nroron fv (b. GCI) Lu II Mao I / L•. i / y.. IS Yr U 1 ~ y+' I fin. 70 ~M 77 ~m IS ].N 15 yr a nw.r to Lr a /1u0a 5 JN 77 ltw~ N ~/y A •uod I0 Aup.l 17 7~r.ner. M ,ygr.l ] ]o1.mO~ Aupar ]I Lor~wer h ,WpF 17 7ow~o. ' Sol.mcr N Ocleer 17 LOlw.br 7 Odoe~ 7 LWwwon II (]tics. 76 ScIw..Er. 71 Oc+efs 7' Oacrw, 17 r'. 0 fklabo S Na~'oo ppey 70 NovrrO~ D Oerobn 10 Nwvb 0 Oar.bn 7 17 Door Nw~.w I6 ~e.no Mro+on b C4 C~ OcrnOr ie 116 D~w.Ow D.c.:..ov 1e Jenw 11 D~.mbr a bnol• e O.e.w.er 7~ Ja.or 75 D.e.Te. 11 boor r. f7)o ammlt7d dooWlrws ve May 26 and Novertca I6 (a edvbr apaatbn h Cd and CorlcaWt7ol Rrlvlsws wi ba sCwO(JOtl 7lho rop(r9 6 atrrit)rx7 d I. CCII 70!10 dM71Ct2 w111CR Ih9 fn00tY')p data. Ndd a rvnwo too >G. rt, a more of rxldoeod 11oor 0rr7a: v • AI oppleallrrn nxA Co eortPtolo. Any ~ .-:.a cop~ealton wl . 2. Coco for tin ropl0cort1erli of on orosttp a11ar1p. appAaan7 and WI rol Ca sfhedJod fp raAaw. ~ ~ EaiorWr aflaatlons h CCI v CCI wt11d1 00 nd (71001 ttn fYX7V0 Crtlab TOIAd fOOaw As d Jv1 19C I, R1er0 w4 ro brga bo a CRB rtgolFp twW M the Mit normal PCC YtbriYltd C0004n1 Ihiod oboes. ~ mOnIR • FROM ENVIRONMENTAL HEALTH... Fireplace Issue • The fireplace ordinance was revised as scheduled and now allows the installation of one EPA • Phase II certified solid fuel buming device or 2 gas log fireplaces and up to two gas appliances in newly constructed dwelling units. In conjunction with this ordinance, the voluntary conversion program recommended by Council has contributed to the conversion of well over 100 wood buming fireplaces. Work continues to establish an accurate count of the number of existing fireplaces and woodstoves. In addition, staff is working to create a thorough public education program to provide residents and guests alike with pertinent information concerning wood burning and the alternatives. - New Eateries There was a great deal of activity in the restaurant community this fall and winter with the opening of several new restaurants. Many of these establishments may be familiar to you as they previously existed under different ownership and business names: Chicago Piaa, Shogun, -Gourmet to Go, Palmo's Cappucino & Spirits, The Sweet Life at Vail, Alfie Packer's, Superstar Studios and Eaglewood. We wish them all much success. Clean-Up Day 1992 - , As the spring approaches, plans will be underway for the 4th Annual Clean-Up Day on May 16. This event can be used as a fundraiser for local charitable and non-profit organ¢ations. If your group is looking to raise money, keep this in mind and watch for announcements concerning the date. Water 6?uality - - . In 1992, Staff will be taking a look at water quality in the Town and the impact of storm run-off on the quality of water. - FROM THE BUILDING DIVISION... - Code Adoption The Town of Vail has adopted the 1991 UBC, UMC, UFC and the 1990 NEC and all Appendix Chapters except Appendix Chapter 12. Changes to look for are: • Section 1210(A)(3, 4 and 5) on Smoke Detectors fo'r Dwelling Units; • Section 1211; • Chapter 21 is a new chapter on Accessibility; • Chapter 3207 on Roof Drainage; - Section 3304(H) on Special Doors; • Section 3306(1) on Handrails; - • Section 3313 on Exit Illumination; • Section 1712 on Guardrails and Vehicle Barriers; • Chapter 60 on Building Standards; and • Appendix Chapter 31 is also a new chapter. The Town of Vail w~l host a code change overview in coordination with the Eagle Valley Home Builders Association sometime in July. We will discuss some of the major code changes which may affect the Vail Valley. If you are not a member of the Eagle Valley Home Builders Association, and wish to become one, please call 949-6607 for more details. 2 Architects and Designers - do not forget that the Americans with Disabilities Act is in effect as of January 26, 1992. National Building Safety Week is April 13-17, 1992. RESIDENTIAL vs. COMMERCIAL FO0. 1990 __y~. mom, N.UI~BER OF INSPECTIONS tuna+EacuL ~ 1989, 1990, 1991 1989 1990 1991 RESIDFMIAL ma., d00 . N v.Wf,,T1DNf RESIDENTIAL vs. COMMERCIAL c Z00 . ~3 100 1 coMn eR cuL _ x a.. 1 _ i... , n RESIDE`RSAL 1 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC wv.~wrroru 1: FROM THE PLANNING DIVISION... Housing Authority ~ - In November 1991, the Housing Authority completed it's Business Plan and presented the document to the Town Council. The Business Plan sets forth the Authority's mission statement, goals and objectives and 5-year housing production plan. Possible projects include a 75-unit rental development for year-round residents on 4 acres of the lower bench of Donovan Park and a 4-6 unit for-sale project at the intersection of Garmish and Arosa in West Vail. The first community meeting to discuss the Business Plan and the proposed Priority One projects was held in November. In addition to completing the Business Plan, the Authority applied for two separate Colorado Department of Local Affairs (DOLA) administered grants including a grant from the Energy Impact Assistance Fund for 5300,000. These Energy Impact Assistance funds are proposed to be used for the construction of the 7~ unit long-term rental development referred to above. The staff is in the process of preparing revisions to the zoning code to allow density bonuses for individuals constructing permanently restricted employee housing units. If you have any questions, please contact Jill Kammerer at 479-2138. Census Data Final figures have been received from the U.S. Census Bureau. The figures indicate that the Town has a permanent population of 3,716 and 6,167 total housing units. 3 Public Art ' The Art in-Public Places (AIPP) program is proceeding with the Vail Transportation Center J . project. This project will locate a site specific artwork in the main stair corridor leading down to Slifer Square. A public meeting to review the final design is scheduled on March 18th from 7:00-9:OOPM at the Vail Municipal Building. These meetings will be instrumental in the development of the piece's form and imagery. Those interested in helping out with the project should contact Shelly Mello, AIPP Coordinator at 479-2138. Vail Streetscape Master Plan • Vail's first Streetscape Master Plan has been formally adopted. The Town Council unanimously approved the Master Plan on November 19, 1991. The Streetscape Master Plan has been written to provide the community with a comprehensive and coordinated'conceptual design for Streetscape improvements, extending from Lionshead to Ford Park. As pointed out by many of those attending the, worksessions and public input meetings, the ambiance of Vail is offen cited as one of Vail's most vdluable assets. Distinctive architecture, dramatic views and an extensive pedestrian environment give Vail a charm that is unique among resort communities. The completed Streetscape Plan specifically focuses on the public spaces among the buildings. Plazas, streets, site furnishings, lighting and landscaping are as important as the design of individual buildings. This plan will provide the Town with the tools to ensure that the Streetscape is consistent with Vail's quality design and architecture. Final printing of this document is currently underway, and copies will soon be made available ' to the public. Please contact Mike Mollica at 479-2138 for more information. Eagle Valley Community forum . Over the past year, a new organization called the Eagle Valley Community Forum (EVCF) has been created to address community issues on a Valley-wide basis. The mission of the group is: 1. To develop a vision of our future which preserves and enhances our quality of life; 2. To provide an open Valley-wide forum for the discussion of community issues and to establish community consensus as to priorities and realistic solutions; 3. To bring together the necessary resources to implement solutions. Currently, the EVCF is focusing on organizing Fireside Forums on March 19, 1992. The idea is to have one evening during which residents in communities throughout the Eagle Valley and Leadville would host discussions at their homes on Valley-wide community issues. Ideas presented at these gatherings will be used to develop consensus on issues and priorities. The group will try to identify solutions relating to the concerns voiced by residents. ff you are interested in finding out more about the Eagle Valley Community Forum, please call the Community Development Department at 479-2138 and csk for Kristan Pritz or Amber Blecker. ozroai92 . TOWN OF VAIL` ~ I: RESIDF,NTIAI: DATA INFORMATION ;::TYPE UE NUNIIIER:.; NUhII3FR OF . r.' ..::T;UTAL:` ~ ::;TOTAL f ' RESIDENCE - ' • --0F PEIi~1ITS i NEAP UNITS . VALU:ITION NE~V SO E'C...< SINGLE FA~111LY >~-..J 62 171 sa,sea,9ool saa2s 7'KIhIARY J SEC.UNllAKY_ ....;::I 110 261 $10,382,8131 89.909 LLYLtv.~' ' - <I 28 ~ 6 51.819,5001 19.862 1~IULT'I-FAMILY t~ 2191 1o s6.z5o.as2i 28.079 ACCOMMOUATIQN ! t 22 52.601,0001 27.373 TOTAL ' ?;>I azo 81 ~ $25.738.6651 219648.2 - EMPLOYEE IIOCSI~G L]1T'S FOR 1991 9 4 • ~ Stephens Park The Town of Vail has completed approximately half of the work for Stephens Park. This past summer, the Town did the grading, irrigation and turf installation for the playing field. The field is almost half an acre and takes up a significant portion of the park. In addition to the field, the Town has done the base work for the access road, parking lot, picnic shelter and restrooms. This summer, the Town is looking forward to finishing these items as well as planting many new trees and installing a pathway system around Gore Creek. On the south side of the park, the Town will build a play structure and then build a bridge over the creek to connect the two sides of the park. Also, the Upper Eagle Valley Water and Sanitation District is planning to do some wetland mitigation in the park. At this time, they are designing an educational arboretum to display several different kinds of wetland species. The Town hopes to be finished with the park by fall of this year. PEC ITEMS 1968,1989,1990,1991 79ot ?AO Planning and Environmenul Commission I 187 • Actions I JanJUn• ~ July I Atrttuat I S•oUTWrI OCtaWr 1 Nowmwn Dac+mWn TetfM 1 Yaa Ertl S+toxa Vananefa 1 to 1 2 I 1 I t I 2 I 0 I 0 I 6 1 20 1 OtMr venencoa i 5 . 7 1 J I 7 i 7 i 1 0 1 to 1 19 Conmuonal Oaf P•rmna I 5 t t I 0 I 7 ~ J 1 B ~ 1 1 n 76 - .y.:>_:;it Enfnor Altareuam I 7 1 0 I t I t I t I 1 I 5 ~ B ~ 111 SDOs (N•wl I t I 1 I 0 t ~ 0 I 0 I 0 i 2 ) 7 SUD(ksyorAmfnamfntl t 2 t 0 ~ 7 0 I t 1 0 1 0 I 2 ~ • ~ 1~ S001AanorAmentlmenn I 2 t Q I 0 0 I 0 I 0 I 0 I 0 I 2 R.2onlnaf ~ z 1 0 o I 1 0 1 D ~I a I a 1 z Major 5uotliviuona I t 1 0 I 0 I I 0 t 0 I 0 I 1 2 (Minor 6YOONlf,ena I 2 1 0 0 1 I 1 I 0 I 0 1 1 7 'WOrfs•aarons I 17 t 7 1 0 7 f I a I 2 1 t7 ~ 70 IAto•fl1 ~r Statl Oeclmoln ~ 6 I 0 I 1 I 0 I 0 I 0 I 0 I 1 1 7 liaot•a name I 22 t t0 i 7 6 1 2 I 2 1 0 1 27 a9 wentlrawn n.ma I s , D I o I D , o I o i .o I a ~ s ' Ctner ACUOnY I t6 1 2 6 i 0 1 7 t 8 I 7 i 70 a8 IQQ ` Totilf - I _ 105 i fa ~ -i----20 T i~2t I 22 i 77 - I it 2t go $C3 +ri r Ott d (~%%2~.`•i3i'%r~~ En o ua ana - Seplemoer -Crary Shins - InfiO ~y$~>.a: Ottooor - Uonsneap Center - EnCCSO oalom7 Novemow • Vae Ski Rentals • Inli6 EF m e am oar- mat •Infi Spat 0 s RW E t'i~#~: ~ ~if3i.' H•w 500f ~ SO Timoertarlvfarast Gian • to sinyia fanny nomrts wen aveilaDle carWeka uNis Si101Meior Ammdmantsl august - Cascwa valage. SOD • Gnange in tondniom fa devebomenl for A7aa 0. Phase IA, Gan Lyon Oniw BviWing . Seotemcer -Pam del None - Inhll - Oclooer • Cascade village, 500 +a. Charge :o approved devebomeM plant br Area 0 • Caagnn Parcel ' Maior Subdivisions Timoenarls Forest Gien • New (Sae Maw SCOs ADOVe) t1 ' ' ~ , ~ • IndudesZoningCadeCnanges.me ~5~~ g 1 ~~l~yyl~~': - DRB ITEMS 19 9 90199 'I 8,1 ,1 1 ; 1991 Design Review Board/ S00 469 461 : Stall Aetlons - ~ :r:::~ ( Jan.iuna JuIY AuOUat September October I Nowmbs OaoamWr Totals Yvar End 250 Rfquaatf t6 t 'I 0 I 0 ~ 0 0 5 21 - Nsw Slanaos 16 2 t B a I 8 a 27 a7 a00 364 y Sign Variances ~ 2 0 0 1 ~ ~ 0 ` ~ 0 0 1 7 ~ 4eutliu Olsnss ~ 7 0 i t 0 I 0 I 1 0 2 ~ 5 ' New Commnelel end Additbnf i6 7 I 0 1 0 I J a 1, 1 11 27 New Namaa ! 26 + i 5 I 7 I 2 ~ 2 ( 1 17 O ~ ! '1.x,5 Rnldsntlsl Additions' I 27 a I 0 I a • I 1 I 2 75 76 Jpg ?t Sepereuanf of umta I t o 1 0 1 0 ~ 0 1 0 I ~ t t 2 255 Shs Dwslapmmt ImprovsmenM I 72 T 0 I 2 I 2 I 6 I 0 79 57 Sfeondely Unn Revuub" I 5 0 ~ 0 , 1 I 0 1 0 I 0 t 8 ~ I Chen.^aa to Aoprovotl Plsn ( a 0 i t 5 I s I 7 I ? to 28 , Conefptvel Rsasws I Ja a I 0 + 2 I t I 1 7 ' 12 +6 TWl,rd n•ms I SO 8 i ] I B I 9 I 7 ~ 0 I J1 Bt ~ Whhtlrewn nsms 1 7 1 i • 1 i 0 0 I 0 I 0 I 2 9 Stall Approvals"' I 69 B I a J JS 2J 6 1 6t t50 Toteli I 706 ~ aS ( 20 ~ 07 65 ~ 5a ~ 22 I 2a3 i 551 I • Doos n01 elc!ta7a eedetona v,nktt usod the 250 Ortlinateo 100 On bls rasa Innn is.ODO sq. n. - " Smn eDprovah k+cluds Ooms wntcn navo mMlmnl Impam erld do not eAm Iha Wom of the proiotl. and slgM of loss Innn s squtva Ieol. 1988 1989 1990 1991 5 1 PROPOSAL REVIEW PROCESS Pre-.tppncar:on Plannrny^ Slarl Inreraepartmema! Minimum Renew i rme rrcm Mee!rnp w/ Stafl I R?v;ew I Review I P5C I COUNC: I DRB I nme pl pomblere submical I i I I I i I I i Inmencments to aonme Cote ~ X t X I X I X I 2X I I e-t0'Neeks" ! MBIOf $Uticiwsi0n t X I X I X I X X ! X I B-t0 weeks" i (MIRpr Slupc~wtslpn (1eS5 Tan c i X i X I X I X PnSi:L!e ~ X I 6-e weeks I IRezonmG I X I X I X I X I 2X I I 8-10 WeeRS" I ISoeaal Development Ctr:c'S=_! I X I X I X I X I 2X I X I B-t0 weeks" I (Vanance I X I X I X 1 X I I X I a-5 weeks . I IContlmonal Use Pennn I X I X I X I X I X I •-5 weeks I IExtenor dneration in CC 1 3 a" I X I X ~ X I x ~ X 1 X I 6-t0 weeks' I IEXterrw iteration 1 Site Imprcvet^errtS I X I X I X I . I I X I t~ weeks Qe Granges ro existing exterior IIeai7nerri. RfOpf. new winc~wS. small atltlition, tlrivewavs. e:~: IRe9Cennal or CpmmerC01 Deve:cpment ~ X ~ X ~ X I 1 I X 1 c"-fi 'NeeRS I I 1 t I ~ I I I IRepuest for apcitionai 250 s:. - of GRFA I X ~ X ! X I I X I 3~ w<_eks i Secpntlary Urot Fequest for P~5 tine 1 X X ~ X I X 3-t weeks DuWez lots with less roan tS..CO sp. t,, of lot area I i I I I I Duplex. Townnatue. Single =-.:.y ar i X X X ~ 10 Working Days Conppminium Plat I I I I I I I I I I annexation I X ~ X -I X I X I 2X 1 I Cpnsutt S;att I I I I I ~ I I I ~Revo~.;ie n~crn or wav Per^:; I X I X I X I 1 1 Possible I i IPermtsaon to cncoae~ into 'casa.-ent"' 1 X i X i X I PpsS•Cle i X I Consm: Staff I I I I I ~ I I I ISicn acputation I X I X I I I I X I 3 weeks I (Sign vanance I X I X I I I X I X I 6 WeeRS I I ! I I I I I I I Ieuncinp Permit 1 I X I X I I I I 2-s weeks I Ilmcrtrvemem l.pwncn Surwv ~._~.1 I ! X I 1 1 I I 2 wonting Davs I r jln5pet-ipns tOr 20nin0 or DF.o ~i.:es I X I I ~ I I 3 WprkinC DavS i 'Praje.:s in me Villase or Licr.:-eatl "At least one worxsession wim "'Re+uests ro enccac: i:,;p easements NOT=~ The Town Courrdl may raR mar inUUae me acpirrcn or mare Ilan Me P6C anrJOr the DR6 is must receive approvar er.,-:aCt up for further review any lGO sq. ~ may require 1 woncsessrbns. is srron_!y recpmmenee2 hcm al! parties with a r.';r.; ;ne eases ent rrem approveC by Cn^o- or FEC. ~ , DRB AND PEC REVIEW PROCESS AF=.!CATION cans torn ntvobe no estaer aasma ra rot tK remae0 m ga tlvatCn me Desg+ iexr pnzess anti met >zesa mecq m Wong D~¢ m mar a . recessary Er a Ttm+ Darner ~ re. mesa aau for romig coremera:am t:emg ~r Ducting pima Cmcest •ti inlet tam rtum mare aenMOliDn w • Desk never. Gems sre~ a ¢es>I sets am neCtaeoi - _ - mat go evwgn ms Desgn i.eve. PoQt )7 ormese6 reptavg vaunms epn pr • mnng pee neat receive f"anng :.r :pmt (PEQ apprwn nror m am DFB :evw.. xo nde:ng yer..o a::_•cs rsl a acuam pr aems 'rmtn ue m - Fevise plans for I 'review and rest:~ni; 1 I fff L 0 Dash; ~.zview Board ~ v 3 . ~ reeim c Desicn Re~riew Su^mittal 7Te Remm~g sst may met ero et9rove F:a-ning and eons anet as snttmmioersmmmvror E.^.~ircnmental ...__.~_.n ¢sreutlmaassaneottw C.r,.mission '~"°"0f°"1°rsi°°°f°°7°0m1e°~A° ~ Denial/ - ~ atxri~cauassmuaoet,uopneprcrm Approval stme:mt treorn:em WI rot De sttr:m M me soft. b m ~a.':.jPproval ~ e.:_ :~3 meets iv -:r- A i Building Permit .ILA rc 3 oxrks per TiG•J X r'.' ~~m Colorado Springs Office: Denver Office: 105 East Vermijo -Suite 600 6860 S. Yosemite Ct. -Suite 200 Colorado Springs, Colorado 80903 Englewood, Colorado 80112 (719) 577-4881 (303) 721-0653 March 9, 1992 Larry Eskwith, Esq. Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Cable Television Franchise Renewal Dear Larry: Enclosed is an information packet on the cable television franchise renewal process. The packet includes: 1) An outline of the process; and . 2) A booklet which accompanied our speech at the national NATOA convention on the subject of franchise renewals. I look forward to seeing you at the work session on Tuesday, March 17, 1992 at 2:00 PM. . Sincerely, Robert M. Duchen Vice President . RMD/pab cc:. Town Council w/encl. VAIL CABLE FRANCHISE RENEWAL PROCESS L ~ Current Cable Franchise A. Franchise expires August, 1994 II. Cable Communications Policy Act of 1984 -Federal Law A. Formal Process 1. 6 month window commences August, 1991 2. Identify cable needs of community 3. Performance review of cable operator 4. RFP to cable operator 5. Cable operator's proposal 6. Town renews the franchise or issues a preliminary assessment to deny renewal 7. Administrative hearing a_ Notice, evidence, witnesses, etc. 8. Written decision granting or denying renewal proposal 9. Judicial review B. Informal Process 1. Occurs concurrently with formal process 2. Cable operator submits renewal proposal 3. Public involvement 4. Town grants or denies renewal III. Renewal Steps A. Review Existing Franchise B. Review Other Comparable Franchises C. Meetings with Town D. Meetings with Cable Operator , E. Involvement of Cable Operator's Corporate Office F. Negotiations with Cable Operator G. Identification of Future Cable-Related Community Needs and Interests. 1. Public hearings ' 2. Surveys 3. Meetings 4. Studies 5. Workshops H. Past Performance Review 1. Franchise compliance issues 2. Franchise fee payments I. Technical Evaluation • 1. FCC compliance 2. CLI tests • 3. Channel capacity 4. Rebuild plan 5. Interactive features 6. Addressability, etc. J. Financial Evaluation 1. Analysis of cable operator 2. Financial statements 3. Leverage 4. Rates, etc. ' K. Drafting of New Franchise _ 1. Franchise fees . 2. Density clauses 3. Line extension policy 4. Term of the franchise ~ 5. Public access 6. Transferability . 7. Right of first refusal 8. Customer service standards, etc. ~ , L. Timetables to Complete the Renewal Process 1. Informal process -approximately one year 2. Formal process -time-consuming, expensive and very lengthy M. Need for Consultant 1. Business, operational, technical and financial issues, etc. N. Estimated Chazges and Time Expended 1. Loral vs national consultants 2. Input of professionals (engineers, CPA's, etc.) 3. Hours depend on a variety of factors (location, experience, economies • of scale, Town's relationship with cable operator, etc.) O. Cable Company's Reimbursement to Town for Consultants' Fees 1. Current franchise 2. Depends on who is involved and the amount of the fees and expenses 3. Town's relationship with.cable operator 4. ~ Negotiation . The above outline is a general overview of the franchise renewal process and is not a detailed summary of all the requisite steps in the process. . Ei'~IN C G ~4Nt~ US H E ® 111 A CABLE F CHISE RE lid EAL A Presentation to The National. Association of Telecommunications Officers and Advisors September 21, 1991 Presented By Thomas F. Duchen, President River Oaks Cable Corporation.. 105 East Vermijo, Suite 600 ' - Colorado Springs, Colorado 80903 <719) 577-4581 Robert M. Duchen, Vice President River Oaks Cable Corporation 6860 South Yosemite Court, Suite 200 Englewood, Colorado 80112 0303) 721-0673 . How To Avoid Geuin$ Ambushed Prevared by Rive: Oaks Cable Corn. ~ "E1/E~f I~ 1(®U'RE ®~1 THE RIGHT TRACK, ~ Y®U'LL GET RIIIV ®~/ER~ !F Y®U JUST SIT THERE®" ~X%ill Rogers . Page 1 , How To Avoid Gettins~ ambushed Preoared by River Oaks Cable Corn. II~DTR®®UCTI®N While the title of our presentation may imply an adversarial relationship with your cable company, ie doesn't have to be the rase. Many times, the reason a murticipaliry is "ambushed" by its cable company has more to do with the fact that renewals typically occur only once every 10 to 15 years. The purpose of this presentatlon is to provide municipalities who are about to embark on a cable franchise renewal process with a frameu,~ork for what to expect and what to do. While there is no one or right way to conduct an informal franchise renewal, we have drawn upon our experience in helping to negotiate numerous franchises to provide some of the questions and issues you should consider. One preliminary piece of advice: since. the federal Cable Act mandates much of what cable companies and ates can and can't do in a franchise renewal, have the Act close at hand every step of the way. THE MATERIALS PROVIDED I-ff.REIN ARE FOR GENERAL I1N'FOR'~fAT'IONAL PURPOSES ONLY AND ARE NOT TO BE CONSTRUED AS GIVI~iG SPECIFIC. , LEGAL OR SPECIFIC BUSINESS ADVICE. ` ~ Co ri t 1991 River Oaks Cabl PY 8h a Corporation. All nghts reserved Neither these marPrials nor any part thereof may be published, reproduced or used without the prior written permission of River Oaks Cable Corporation. Page 2 ' How To Avoid Geeing Ambushed Preaared by River Oaks Cable Corp. FIRST® REF®RE Y®U BEGIN ~1EC~®Ti~4TING WITH ~ltV l1AS® OR CABLE ®PE~T®R . Figure out their hierarchy of command and control. There are several possible scenarios: Scenario No. 1 -Large MSO Executive Committee Legal Department/Director of Governmental Affairs ~ Divisional Vice President Regional ~~tarager State Manager . ~ System Manager Scenario No. 2 -Another Large MSO President Group Fund Vice President Legal Department/F'und Vice President System Manager Scenario No. 3 -Medium MSO President • Vice President Area Manager ~ . System Manager Scenario No. 4 -Small MSO President - (Director of Operations, CEO, CFO, Director of Engineering) System Manager ~ " . Page 3 How To Avoid Ctettinq Ambushed Prepared by River Oaks Cable Cory. ~ THEM, ASK YOURSELF THESE 16 C~UEST1®NS 1) What is the size of my. community and what are the growth . potentials? 2) Who has the authority for the cable operator? 3) Who will negotiate the renewaL~ ~ Who will be accountable? ~ Who has veto power or the last word for the cable company? ~ Who initially drafts the franchise <the Ciry or the cable company)? ~ Is there a Cable Corrsnittee? 8) Will the Ciry Council take an active role? 9) Who will negotiate on behalf of the Ciry? 10) What are the cable company's Fiscal constraints? 11) How much will a rebuild costs 12) How many years will it take a cable company to recoup its capital investment? 13) What sort of expenditures is the cable company willing to make? I4) Has the cable company antagonized the Ciry? 15) Do I want to make life difficult for the cable operator? 1~ Do I want to negotiate a mutually beneficial arrangement Page 4 How To Avoid Gertin~ Ambushed . Preoarrd by Rive• Craks Cable Coco. E ~ ~ 1~//lil SEE SRAM T~ E MSA The MSO or operator most likely will present you with a renewal proposal with the following information, terms and issues. • Detail of the history of the system • Reference to the franchise in effect • Homes passed • Plant miles (above and below ground), recent u des and line Pg~ extensions " • Indication if the system was acquired in an acquisition • Number of head-ends Channel ~paary • If there is two-way capabiliry, a local origination channel and a character generator . Recent channel additions - Number of subscribers • Technical maintenance policy • Service to schools • Community access " • Office location(s) and hours • Company personnel • Franchise fees • FCC compliance. - • Service issues and scheduling • Community involvement • Charitable donations • System rebuilds to address future cable related needs I ~ Technical specifications and standards • Managerial and technical expertise Page 5 I i How To Avoid Geuinq Ambushed Premed by River Oaks Cable Coro. ~ H F ~t~ 1 S V~HAT lr®~J . ~/~J/®N'l' S E E The I~iSO or operator most likely will not raise the Following issues or terms for discussion during- your negotiations. • A short duration of the franchise term • Renegotiation rights due to changes in Federal law (including FCC) and state law. • Enhancement with fiber, digital compression and two-way capabiliry, high definition television and pay-per-view and house mounted programming box. . Detailed disclosure provisions regarding ownership interests. • Stringent transfer of ownership sections. • Periodic review for franchise compliance. • Limitations on retierzng to avoid rate. regulation. • Municipal ownership considerations. • Reimbursement for consultant fees and for evaluating the application and processing the franchise renewal award.. • Ability to increase franchise fees if the laws change. . Establishing procedural requirements regarding the "designation or use of channel capacry for public, educational, or governmental use." • Setting forth rules for local origination channels. • L'ndergrounding of table and prohibition of building new poles. • Maintenance and service sections with ~ttlrl for liquidated damages and revocation possibilities. • Publication requirements before rate increases. • Letters of credit, insurance, workmen's compensation coverage and bonding requirements. • HEAVY DUTY default sections. Basic chum rate information. • Interconnect issues. • Provision not to contest validiry of any franchise section. Paged How To Avoid Getting Ambushed Preozred by Ri•:er O~iks Cabie Coro. KEY E LElVIE ~1T5 ®F A RECE~iT FRAi~1C~~SE The following elements of a recent franchise were negotiated by a munidpality and a cable company. 1) Term -negotiable (Example: 5 to 15 years) 2) Cable company will want `favored nations" clause. 3) Standard of Service a) Street occupancy b) Restoration of property after construction c) Relocation of faalities at cable company's expense (unless the relocation involves a building moving pe.^nit) . d) Tree trimming ' e) Franchising authorit~s use of grantee's facilities _ ~ .Safety standards . g~ Aerial vs. underground construction h) Density clause and line extensions : ~ Free service for schools, City Hall, etc. ~ Emer en over-ride S 4t) Customer Service aJ Business hours b) Telephone (Local vs. 800 number) c) Installations, reconnections, disconnects . d) IViajor service outages e) Routine service problems and appointments Page 7 How To .void Ge~inR Atnbcuhcd Prcoartd by River Cnka Cable Carp. f) Notification of rate increases g) Refunds after disconnec-,s y) Franchise Fees ~ Current maximum allowed under federal law - 5% of gross b) Pass-through to customer (a disguised rate increase in some cases) 6) Rates ~ ~~iuricipal regulation to the extent allowed under federal and state law CW'ATCH OUT for tricky language) b) Notice of proposed rate increase 30 days in advance of pr~g~5e~ effective date c) Increase basic rates 5°% per year without muniapaI approval or suc.~m lesser amount to comply with applicable federal and state law 7) Renewal Section 626 a) READ THE CABLE ACT Aiti~ SEE APPENDIX 1 OF THESE 1~IATERIALS 8) Sale of System -Section 627 w: a) Denial of renewal (fair market value determined on the basis of cable system valued as going concern with no value allocated to the franchise) or in the case of an existing franchise (pre-effective date of Cable Act) at a price determined by the franchise b) Franchise revocation for cause (at an equitable price) or in the case of an e.~cisting franchise (pre-effective date of Cable Act) at a price determined by the franchise 9) Franchise Transfer a) Consent not to be unreasonably withheld I) Finandal qualifications 2) Technical qualifications . Page 8 u~.~...-e.......~ How To .avoid Ge::ins~ ambushed ~Preourd by River Oaks Cable Coca. 3) Legal qualifications , . 10) Technical Compliance a) Have an engineer periodically test system and if there is sub- stantial non-compliance, have the Franchisee pay for the tests 11) Inspection of Books and Records a) Il'~iPORTAl`'T: Audit franchise fees? (You don't necessarily need afull-blown audit by a CPA Firm Have somebody knowledgeable in interpreting franchises do it. If you are right, it's new found <and past due) money for the Ciry 12) Insurance and Indemnification a} Get adequate coverage b) Get a certificate of insurance with the municipaliry named as an additional insured c) Get broad indemnification language covering construction, operation, repair and maintenance of the cable system d) Get a bond if needed 13) Default Provisions 1) ~ Noncompliance with franchise b) Insolvency or bankruptcy c) Fraud or misrepresentation 2) Bi~f r~ a) 34 days b) Public hearing 3) Remedies a) Damages ` b) Equitable relief c) Revocation of franchise , d) Penalties -fines Page 9 How To Avoid Geeing Ambushed Preoared by River Oaks Cable Corn. 14) Acts of God -(Effect on serv~Ice, eu.) 1S) iJnauthorized Reception a) Help cable company stop theft of service (both the • franchising authority and table company are losers if signal is being pirated) 16) Incorporation b~ Reference: a) Cable company's renewal proposal b) Cable company's <or its predecessor's) initial response to RFP 17) Preemption a) Federal preemption (or state preemption) regarding speafic matters 18) Reasonableness of Actions 19) 1~iotice/Address ~ Important in the event of default 20) Headings for descriptive purposes only • 21) Severability Clause aJ You don't want the entire document invalidated Page 10 i How To Avoid Ge:un_q Ambushed Preoared by River Cnks Cable Coro. ~ F®LL®W THE EC®I~~IVI1C5: tT WALL DETEINE WH14T ~ ~fGU AtV C A~ D CAN T GET To know what you can and can't et from a cable stem o erator, g sY P you have to know the impact on their bottom line. First, here are some general considerations that every cable operator is facng today. GENE3tAL CONSIDERATIONS 1) Finandng difficulties in the industry . 2) Highly Leveraged Transac*~ion rulings have created problems for cable companies 3) Depreciation and amortization schedules 4) Rates vs. rates of return 5) Operating margins 6) Over-inflated values of cable properties in the late 1980s means some over leveraged companies in the early 1990s. EVALUATING RERFOR/V1ANCE - In terms of evaluating the financial performance of a cable system, there are numerous variables that must be taken into account. ® $~y~~g: comprised of basic, premium and anallary services • ~ens~ comprised of general and administrative costs, system operation, programming fees, marketing expenses and corporate allocation. - • peter and etrLity stn~cttre: in terms of an .acquisition or new system construction financing is a vital component in evaluating . whether a system will be able to meet its debt service including interest and/or principal payments and foreseeable balloon payments. • Cash flnw~ operators will evaluate their cash flow before - deprecation and debt service in an attempt to value their systems. Some of the numbers that will be pertinent are the trailing (last year's) rash flow, the running rate (this year's) cash flow, revenue Page 11 Flew To AveiG' Gt~unq .~usne-' Prepared by River Oaks Cabie Cori. pe: subscriber, cash flow per subscriber, the ratio of office and field personnel to basic subs and necessary or upcoming capital expenditures for system upgrades, channei additions, trunk or line extensions and other necessary or desirable improvements. . pmt r~ cash il~w rar+~s~ Operators constantly will be reviewing the ratios of their senior and total debt to cash flow, cash flow to debt service and rash flow after management fee to debt service in order to evaluate whether they are. in compliance with their loan covenants. It is possible that there may be revolving debt as well as ® subordinated notes which may balloon far in advance of the senior debt. • P*o forma resale valued Operators will, as part of their projections, usually deveiop pro forma resale calo~lations which estir:~ate systems being sold at the end of specific time periods. The calculation will then focus on distribution available to the limited partners (if any) and general partners as well as a return of their prinapal in order to project the compounded annual rate of return on a pre-tax basis. This e.~cit strategy is citical since it must be driven from the system projections for revenues and expenses over a ,period of several years. Thus, cable operators have a very good idea as to the re?ation of their projectsons (and the impact upon themselves and any limited partners) to proposed rate increases or changes in operating e.~tpenses. . 7"oe follouring pages enumerate, some of the categories which are - taken into account by cable operators in running their business. . , Page 12 How To Avoid Getting Ambushed Prepared by River Oaks Cabie Corp. S1(ST~~ PAL PR®JECTI®tV5 %OF • rr:u dsztiel, PRQfEG , H. N . ~,i~ TioNs Re•,e~ues Basic Service Premium Service Converter Rent F.^a.nc:7. Fee Billed Install/Service Other Revenue ZQ~1Revenu~ E X'~ P.'1SP.5 I Basic Programming Pre.~nium Programming Guides Copyright Franchise Fee ` Bad Debt/Collection Salary-Mgr. ~ . ® Salary-Field Salary-Office Labor Capitalized Payroll Tax Medical Insurance Worker Comp Ins Plant Maintenance Ccntract Labor-Field Converter Repair System Power vehicle Operation Advertising _ ~ - - Sales Commission Propeny Tax Dues Subs/Contractors • Prof. Services Page 13 How To Avoid Geuinq Ambushed Preaared by River Oaks Cable Coro. 1~ 1~.1 1~1 ~ 4h OP sffilGL PROfEC. dSZI.:G& g~,,~vcg $~'tiL~ ~no~s, Office 8c Sice Rent Pole Rent Equipment Rent . Telephone, Pagers Office Utilities Computer Supplies Copies/Printing FreightlPostage General Insurance Contr Labor-Office Travel & Ent., ~~iisc. Promotions . Direct Sales Advertising Telemarketing Associated Costs To al Xger~es O erasing Income ~ n ._J / l V~ Page 14 i How To Avoid Getzin~ Ambushed Prepared by River Ochs Cable Coro. ~ SYSTElV~ SIJ~SCRI~ER PR®JECT1®tm15 SUBSCRIBERS (EOY) Basic Pay Additional Outlets Remote Converter E.~tDLtiG HOi~fES PASSED PENETRATION Basic Pay Additional Outlets Remote Converters N10NTHLY RATE ' Basic Pay Additional Outlets Remote Converter Average Mo. Rev./Sub ~ ~ A:tiNUAL REVENUE Basic Pay Additional Outlets Converter ~ . Installation - Other TOTAL ANNUAL EXPENSES TOTAL OPERATING CASH. FLOW OCF MARGIN MAl~'AGEItiIE~iT FEE (5%) NET OPERATING CASH FLOW DEBT SERVICE ` CAPITAL EXPENDITURES Page 15 W~.... _ I How To Avoid Getting Ambushed Prepared by River Oaks Cable Corfl. ~1 SI~STENI MANAC E R°S 1~EFICLI~ REP®RT DATE END OF SEEK (E. O. Last Week E.O.W. Basic Subs E.O.W. Basic Subs Weeks Gain Last Week E.O.W. Tier E.O.W. Tier Weeks Gain Last Week E.O.W. Pay Sub E.O.W. Pay Sub Weeks Gain ~ ~ ~ , . TOTALS ` . Page 16 ~ - . How : o Avoid Getting Ambushed Preoared by Rive* Cnks Cable Coro. TI-ZINGS T® W~?TCH OUT FOR: PENDING LEGISLATI A ON 5 ®F ~ SUA~~ER 1991 1"~ A . tom. 1) Commissioners voted 5-0 for "tougher" effective compe~- ition standards. Real score: Cities 1/2 -Cable companies • 1/2 a) Basic tier regulated unless cable system competes with at least 6 over-the-air N stations or with a multichannel video service (wireless cable or satellite service) that passes 50°10 of homes that could receive cable and has 109v penetration. b) Regulated companies can raise rates 5% without muniapal approval. c) Guidelines for larger rate increase "fair return on investment" -takes into account capital and labor costs, programming, customer service, etc. d) 61% of cable systems to be rate regulated - only a fraction . of those include large metropolitan areas. Lnder prior law - 3% of country's 9500 cable syste.~ns subject to rate regulation. B . Congress 1) Telco entry ' 2) Retransmission consent p - 3) Regulation beyond the "basic tier." One possible result (1991): Lots of talk, no action. Page 17 Hoav To .void Ge~ine !unbushed Prepared by River Oaks Cable Corp. 5®11~E A~t~1T1®NAL C®~i51®E ~4T1®~15 I IV TIC E RE'~fAL PR ®CESS Build in a periodic review mechanism in a franchise if and only if you have the: . 1) Resources 2) Expertise inside or outside of Ciry government 3) Plenty of Rolaids, Tums, Pepto-Bismol, etc. Cthis does not . . _ constitute a product endorsement) -this process is not for the faint of heart. ~aI Considerari~n~ Cable Operator will have a lawyer (whether you see him or her or not). Franchising authority needs one too! i h+'egotia + g a Cable Franchise A. Don't cut your teeth on a renewal -Get assistance 1) Get viewpoint of consultant -Cable operators dislike them because they are: a) Apt to be very knowledgeable and often viewed as a potential pain in the gluteus muscle who cause cable _ operators to make enforceable commitments to the ® franchising authority B. So, pick the right horse -Facilitator, reasonable, adversarial, confrontational, obnoxious, ulcer-giving, smooth, impossible, or pragmatic depending upon your circumstances. Page 18 How To Avoid Getting Ambushed Prevared by River Craks Cable Corp. I. ~ IN C~NCLIlS1®N Dead the Franchise valuate the Cable Operator Never Acce t the Cable O erator's First Draft ' P P El mp oy Knowledgeable People ~indow of O rtuni for the Franchisin Authori r PPo g tY i ~lsk Questions and Get Answers ~ngth of Franchise Term is Critical E Service Standards and Accountability . I k R ,t Page 19 i . How To avoid Ge~.inq :ambushed Preoare~' by River Craks Cable Corp. a~~~~~®~~ ~ - PROCEDURAL ASPECTS OF THE RE.~~~'~AL PROCESS ' UNDER THE CABLE ACT art of the (At the' time these materials went to print in the latter p Summer of 1991, the following was still in effect However, legislative changes may or may not impact upon this process.) The renewal process C.~.v BE comprised of both: o An informal rocess and P ® o A formal process. With respect to the informal process, a decision can be made by a City "afrer affording the public adequate- notice and opportunity for i comment." The essence of the informal process is a procedure whereby a cable operator and the Ciry work together to amve at a mutually acceptable franchise in the renewal process. ~ The formal process can be triggered either by the Ciry or the cable operator during the 6-month window commencing on the 36th month before the franchise expiration and ending on the 30th . ~ month before the franchise expu~ation: If this window is missed by the cable operator; it will be very difficult for the operator to force the City to abide by the formal procedures under the Cable Act. Additionally, the mandates of local and state law must be followed in addition to those of the Cable Act where the Cable Act does not pre-empt local or state law in both the informal and formal procedures. The more common situation is that cable operators will initiate both informal and formal proceedings in order to preserve their rights under the Cable Act. Without the procedural protection afforded by the Cable Act, the cable operators are, potentially, in deep . trouble in a renewal proceeding. From a sequential standpoint, the following steps are taken under Section 546<a) of the Cable Act by the franchising authority after the initiation by either parry of the fot7nal proceeding: o "Identification of the future cable-related community needs and interests;" and R~ Page 20 How To Avoid GeQ.inR Ambushed Pre4ated by River Oaks Cable Coro. ~ "Reviewing the performance of the cable operator under the franchise during the then e,~rrent franchise term." Once the proceeding referred to above and public hearings in connection therewith are completed, the cable operator may, on its own volition, or at the request of the franchising authority submit the proposal for renewal. In some cases the cable operator will respond to a request for proposal from the franchising authority which "shall contain such material as the franchising authority may require" and which is allowed under the Cable Act Once this proposal is received, the franchising authority "shall provide prompt public notice of receipt of such proposal and, during the four month period which begins on the completion of the proceeding referred to in Section 546(a) of the Cable Act, renew the franchise or, issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator, or on its own initiative commence an administrative proceeding, after providing prompt public notice or such proceeding to consider whether: 1. "The cable operator has substantially complied with the material terms of the existing franchise and with applicable.law, 2. The quality of the operator's service, including signal quality, - response to consumer complaints, and billing practices, but s without regard to the mix, quality or level. of cable services or other services provided over the system, has been reasonable in light of community needs; - l.- 3. The operator has the financial, legal, and technical ability to provide the services, facilities and equipment as set forth in the operator's proposal; and 4. If the operator's proposal is reasonable to meet the future . cable-related community needs and interests, taking into account the cost of meeting such needs and interests." In this process "the cable operator and the franchising authority, or its designee, shall be afforded fair opportunity for full participation." This includes the right to introduce evidence, require production of e~7dence and to question witnesses with a transcript being made of the proceedings. At the completion of such a proceeding "the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record" A request for renewal can be . denied based upon an adverse finding with respect to any of the 4 - factors listed above, provided however, a franchising authority may _ Page zl ~ , i How To Avoid C,euins~ Ambushed Preaared by River CYiks Cable Com. i ' not deny a renewal on a "failure to substantially comply with the material terms of the franchise or on events considered with respect to performance matters listed in the second category above if such occurred after December, 1984, unless the franchising authority has provided nonce and an opportunity to cure and so long as the franchising authority has not waived its right to object, or has effectively acquiesced" If events occurred before the effective date of this section of the Cable Act, it may be implied that notice and opportunity to cure need not be given, although the cable operator will, no doubt, strongly object if this notice was or is not given and will likely claim its due process rights may have been violated . i If a proposal for renewal is denied or if there is an alleged failure to comply with the procedural requirements of the Cable Act, a cable operator may appeal such final derision or procedural failure by seeking judicial relief. . . " - . Page 22 i3'.,SSNlrlit~tlF6~t~iLL~'~dii'N:60.TGJ.4h~a.H. !Ler-,,. . i How To Avoid Gecun,~ Amb~uhed °reoared 5v ~:ver Oaks Cable Coro. j - ~ APPE~D1~ ~ RIVER OAKS CABLE' CORPORATION River Oaks Cable Corporation ("River Oaks") provides expertise in all faces of the table franchising process. Collectively, Bob and Tom Duchen, who are the principals of River Oaks, have 26 years of business ' and legal experience which provides them with a seasoned background. Their work with aties and cable operators provides them with a unique perspective from both sides of the negotiating table. Bob Duchen is Vice President of River Oaks and formerly specialized in franchise preparation, interpretation, transfers and modifications at Jones Intercable, Inc. for several years. Bob and t Tom Duchen (the President of River Oaks) are Phi Beta Kappa graduates of Tulane University (1975) and received their law degrees from The University of Virginia (1978). While they work in a business rather than a legal capadry for their clients, they bring extensive franchise experience to the table. Their corporation has worked on behalf of franchising authorities and MSOs in communities which are located from Maine to California and numerous states in-between. They have worked in metropolitan areas and small towns. River Oaks has worked extensively with muniapalities and successfully acquired more than 76 franchise approvals in 9 states. This includes River Oaks successfully managing election campaigns which resulted in the g.nting of franchises in 14 communities. With numerous years of table experience between them, the Duc~'~ens have been involved in a multitude of cable transactions in numerous states throughout the country. That e.}cperience coupled with their extensive corporate backgrounds allows them to interface comfortably and effectively between governmental officials and cable owners and operators. The prindpals of River Oaks have been instrumental in the . preparation of responses to cable television requests for proposals from municipalities which varied in size from small communities to ~ metropolitan areas. As stated above, River Oaks has successfully acquired numerous franchise approvals with respect to the granting, e_~ctension, transfer, renewal or modification of franchises from governmental authorities and other appropriate governing bodies. This experience in working with aties and cable operators provides ~ . the Duchens with a unique perspective in the negotiation and ~ . Page ~3 . ~ i How To Avoid Geuinq Ambushed Prepared by River Oaks Cable Coro. problem solving process with respect to cable television system operations. Included within the services provided by River Oaks ate: ? Franchise Renewal Work ? Franchise Negotiations ` ? Franchise Modifications and Extensions ? Franchise Transfer Work s ? Franchise Compliance Evaluation River Oaks maintains offices in Denver and Colorado Springs and has provided a wide variety of cable television services throughout the United States. Its officers have received national recognition in Multtcbanne! News. t z j i t f Page 24 ~t - ~4~ ~ J ~ ~ 51(~ ~~t~-~U ~G~ ~ ~ 7 ~ ~ ~ , ~j~GCLLUC~ 3•f3 ~9f-~ ~urk~ t~i~n~gem~nt W®rks9 Ltd. March 12, 1992 Dear Vail Town Council, Enclosed are several letters. in opposition to a streamwalk from condominium associations that are located along Gore Creek. I represent two of these associations and would be happy to discuss the issue at your liesure. S', cerely/ ti~. L~ Rick Haltermann P. 0. Box 2631 Vail, Colorado 81658 (303) 9 2 6 - 2 8 7 7 ' ~Ul~'IP'IERS ~®I~GE ~OIY®O1WIlYd><JPl< ASS®CII~TIOIY 123 Willow Place ¦ Vail, Colorado 81 G57 March 12, 1992 Dear Vail Town Council, In today's edition of the Vail Daily, the artist's rendering of the new International Bridge includes a beginning to a streamwalk as part of the design. Since this is adjacent to the Summers Lodge property, I am writing in stern opposition to this idea. The Town of Vail has historically ignored the triangular piece of land to the southwest of the International Bridge and to think that it is being considered as an entry to a streamwalk is paradoxical. This condominium association has taken on the burden of the maintenance of this piece of land mostly due to the neglect of it by the Town of Vail. Without getting into a long list a reasons why this condominium association is against a streamwalk, I would at least like to see an environmental impact study be conducted before any further consideration of this pro- ject. S'ncerely, ~zL~ Rick Haltermann Managing Agent Managing Agent: Burke Management Works, Ltd. 303-47G-7133 Edelweiss Condominium Association 103 Willow Place • Vail, Colorado 8167 March 12, 1992 Dear Vail Town Council, Now that the ski season is almost over, I am writing concerning the proposed streamwalk along Gore Creek in Vail Village. As the managing agent for the Edelweiss, my' homeowners have expressed to me their objection to this idea for several reasons. First and foremost, those home- ' owners who bought units adjacent to the creek did so with the understanding that the creek banks would be left unde- veloped. The Town of Vail has created almost a thirty year precedent by leaving the stream banks in their natural state while promoting the development of adjacent land by private developers. Secondly, from a management point of view, the stream- walk would only have negative impacts. The environment would only suffer from increased traffic which in turn would create litter and increase vandalism. In effect, more problems would be created than solved. Leaving the main- tenance of the streamwalk up to the Town of Vail would only lower the standard that the creek bank currently has as far as maintenance. As it is now, people can enjoy the banks of Gore Creek behind Edelweiss even without a formal path. Finally, the homeowners of the Edelweiss think that the Town Council should reevaluate whether this project has any merit at all outside of the idea that "it would be nice". The area behind the Edelweiss is already accessible, avail- able and used by those who want to enjoy the area along the creek. Hoti~a is it that a streamwalk is going to make this area any more pristine? S' cerely, Rick Haltermann Managing Agent Managing Agent: Burke Management Works, Ltd. (303)926-2877 RIVERHOUSE CONDOMINIUM ASSOCIATION 225 WALL STREET VAIL, COLORADO 8]657 Dear Vail Town Concil, I am writing to you concerning the proposed streamwalk project along Gore Creek in Vail Village. As the property manager the River House Condominium Association, the homeowners have expressed to me their concerns and objections to this idea for several reasons. First and foremost, these owners who bought property adjacent to the creek did so with the understanding that the creek banks would be left undeveloped. The Town of Vail has created almost a thirty year precedent by leaving the stream banks in their natural state while promoting the development of adjacent land by private developers. Secondly, from a management point of view, the stream walk would only have a negative impact. The environment would only suffer from increased traffic which in turn would create litter and increased vandalism. In effect, more problems would be created than solved. Leaving the maintenance of the streamwalk up to the Town of Vail would only lower the standard that the creek bank is currently being maintained, and increase the expenditures. As it is now people can enjoy the banks of the creek behind the River House even without a formal path. Finally, I think that the Town Council should reevaluate whether this project has any merit at all outside of the idea that "it would be nice". I feel that the walkway is detrimental to. the pristine beauty of the area. The area behind the River House is already accessible, available and used by those who want to enjoy the area a ong the creek. Sinc ely i ~ i" ~~i U~. Fr er orn, Property Manager The River House Condominium Asso. 303-993-9961 ARTHUR G. BISHOP & CO. Realtor PENTHOUSE. THE DENVER CLUB BUILDING 518 - 17TH STREET DENVER, COLORADO 80202 December 11, 111 . Mr. Rick Haltermann Edelweiss Condominiums 103 Willow Place Vail, Colorado 81657 Dear Rick; As President of Bishop Park Condominium Association, you have asked me to express our feelings regarding a Stream Walk along Gore Creek. We all know that there is an ease- ment alonq_ the Creek. Since my Parents built a house at 63 Willow Place in 1962 we have maintained the easement and have fiad only minor problems with trash and minor in-- cidents of vandelism. The Homeowner's Association is very much opposed to any kind of formalized walk-way along the Stream.. We are very pleased to continue maintaining the area, and we do not do anything to prevent people from using the area. The area i~as become high density multi-family. Any attempts by the Town to fiuild a path from Willow Bridge Road~to the Stone . Bridge 6y the Chapel on either side of the Stream would be met~witfi a great deal of. resistance. Very nntruly yours, President Bishop Park Condominium Association. C.C, Board of Directors Bishop Park Condominium Association. V?'FB/ jmck ' ~ I v. • -VRfLsBERVER CREEK - ~ tr" ''MUSI_CuFESTIV~AL' y °w - - - w - - ` ` /n 3// ~ KT ~ ~ March- 12 , 1992:: a 7y ~ ~ E ~'t `3:~ a'R~Y X T I # ~ .s ~ _ s f _ l S r se ~,a^ p ' zfi; ' ' The..Honorable~~Margaret, A. Osterfoss - i Towri of--Vail ~ a _ ~ _ ~ ,~~-3,,. -,I -"75" South-~~FrontageRoad- West' ; .F ~ f=I i M ~~.h y,..:...I 'Vail,;"Colorado'v 81657~'~~~~r'~ -k ~ . - - } x ~ ' ~ S 1 { .Dear Mayor Osterfoss, ~ F ~ ~ - _ During .our Board -of Trustees meeting on. Marche 10; - 1992;-~ tha~~ *xy.~ ` - ~ `Trustees`--` of~~,_the~ Bravo!~~ Colorado=', Miisic'~~ Festival discussed: the. - - = - -:~proposed-,~Vail'Valley Performing Arts'"and Conference Center.:: As one=-- , . ..,r-.~.. _ , of the leading- programming~~sporisors~, for~.,Vail ! s`. Summer, `activities , y ~ our Trustees ;.feel : it is"~ important .for- .Bravo ~ , to- take a position onr~>r ;sty---~ ' ..-the ~~advisability,~,,of~,. this .r°~'project, as_~~.a~~''year~,t~round•; indoor, ~ : j~ "professional performing arts ,center' is» v~rtually~ a necessity„ for~~~~ ~,.~..~;j ~ ~ . ~ o a cP a; y ~ :w i". s 6 a s .o- r+ ~ f fi 'r~ . e ty,.n i -:tvY~a ~ e. } s ~ ~ 4`m i r ~ a," 5„ +l ~ ~ a`.'5: V a 11 ~ ~ 0 7' s N x- a 5 z f- x a rtx ( '{.rsr .y 'xVi a A ~ i .Y' ~ ?7. i- r ~ a* s P x' ~ it ~i -1"~~ r 4sa~~- wy. `~~c n 1 ~q sL a Y • ' - ;~5 ~ ~'~r B :'~,t~ifR"~* ~ '„d.h`~~`7! ~ 1,~ Q,.,~':~`: •^r° 1 `sr. nyr ~ _~t t/. _ _ t*S. hTi,~ ' ~ . However, ;Bravo ~ ii. would ~ only support' ,the „development ~ of :such a _ , ~•facility. after a ` careful~f aciddetailed ~ f financial `plan is„ developed; ' - y!`which indicates~,ahatksuchj,a~ fa_ ciTity,°'can- be financially-viable.-. ~ This planning should. be" done;_iri conj uriction.with,~'and~ ba respectfuh~ , . Y~: of :the cu`rrent'-performing}'activity in the` Valley and _,the - sponsors. - - _ "of- such activity ry - - - ~ " . Bravo! -encourages the Towri' ofv Vail.,_ to take a leadership 'role in advancing: the_. serious 'study' of-.- this' project: = We, as-. = individuals and as an `organization, are willing to support the Town in this endeavor-. ~ ~ - - ~ ~ - f -•~Bravo!Vdoes not wish to~express -any. particular opinion with _ - regards to'the conference center element~of this plan. If such a facility is an overall enhancement to the-creation of an indoor- _ performing venue; then, we would, of course, support its inclusion. _ : ' - - - ~ With b s- rds, , - ~ - ~ ~ ay he ter ~ - - firma Board of Trustees JOHN W. GIOUANDO /EXECUTIVE DIRECTOR • 1DA KRURFIAN /MUSIC DIRECTOR • 953 S. FRONTAGE RD. #104 • UfiIL, COLORADO 81657 • - TELEPHONE 303 476-0206 • FAX 303 479-0559 ~ECEI~IED "Ar.~; ~ 2 1992 • ` NORTHWEST COLORADO COUNCIL OF GOVERNMENTS WATER QUALITY/QUANTITY TRUST FUND, URGENT G~rt~~ LEGISLATIVE ALERT!'.! To: .Q/Q Members CONFIDENTIAL - For use of Q/Q members only From: Lee Merkel Date: March 6, 1992 Subject: HB1200 and SB106 Your immediate attention and assistance is needed to defeat these two bills in their present form! 1041 land use authority provided the basis for the Q/Q Committee's formation in 1978. The Q/Q policy regarding 1041 regulations states that "any legislative proposals to weaken 'or • _ eliminate 1041 authority should be defeated." HB1200 and SB106 would reduce local governments' ability to require mitigation of the impacts of water projects. . The amended language contained in the legislative declaration 25- . 8-102 contains the threat to 1041 authority. You should have received.a memo from Barbara Green within the past two days with details of the bill's language and why it poses a threat. If you need a copy of that memo, the actual ~ . bills, or~if you have any questions, please call me at 668-5445. - SB106: CONCERNING CHANGES IN THE "COLORADO WA~rtc QUALITY CONTROL ACT" Summary: Changes Water Quality Control Act regarding members of Commission, classification of state waters, anti- , degradation review procedures, as well as detailing the ~ implementation of a •stormwater point source discharge program. Status: Passed Senate Agriculture Committee March 5th with amended language. Sent to Senate Appropriations Committee (listed below). Post Office Box 739 * Frisco, Colorado 80443 * Frisco 303 668-5445 * FAX 303 668-5326 . Committee Member Telephone Number Mike Bird Chairman 866-4366 - . Claire Traylor Vice Chairman 866-4866 ~T i 11 ie B isf pop ~ 866-406~~ • Bill Owens 86b-4556 - Pat Pascoe 866-4965 - James Rizzuto 866-4865 MaryAnne Tebedo 866-4850 Recommended Action: Call or, send letters to anv Senators you know requesting them to DErEAT SB106! Other than the.stormwater program, Q/Q has opposed this bili in its entirety (You may • remember it last year when it was proposed as SB78). ' ~ HB1200: CONCERNING WATER QUALITY PROGRAMS: Su~mmarv: Transfers Water Quality Control Commission and Division - of Water Quality from Department of Health to Department of Natural Resources: Until the legislative declaration was amended to make the diversion of water - ~ "essential" as a matter of Colorado Law, C/Q had little concern with this bill. • Status: Passed House Ag Committee February 20; assigned to ~ House Appropriations (due to its fiscal implications). - • 'Recommended Action: Call or send telegram to-any or all of the ~ - - members~of the House Appropriations Committee (listed below): ~ ' - Committee Member Telephone Number Tony Grampsas Chairman 86b-2957 - David Owen Vice-Chairman 866-2943 Steve Arveschoug _ ~ 866-2949 - _ ~ To m~ Hernandez ~ 866-2911 Bill Jer.ke 866-2907 Patricia Killian 866-2959 8i11 Martin 866-2965 - . Betty Neale 866-2937 Gilbert Romero 866-2587 - Jeff Shoemaker ~ 866-5510 - Gloria Tanner '866-2909 ~ Bill Thiebaut 866-2922 • The bill should be amended to remove the language which threatens. 1041 authority.bY making hydrologic modification "necessary" as a' matter of state law. County or municipal permit authorities may be prevented from evaluating the impacts of the construction or operation of any water project as part of a 1041 permitting ; process. If not amended appropriately, HB1200 should be defeated. • - - tOWn 0~ Valo ~ _ 75 south frontage road ' vail, Colorado 81657 (303) 479-2105 office of town manager ' March 9, 1992 Ms. Holly Lynn Coffey P. 0. Box 23 Gypsum, CO 81637 Dear Ms. Coffey: The Vail Town Council offers you their sincere congratulations for receiving the People to People International Science Ambassador Award. We are sure you will have a wonderful experience in eastern Europe this summer. Unfortunately, the Town Council does not fund .individual requests for travel or study, either domestically or abroad-, so we will have to decline your request for monetary assistance. We wish you the very best in your fund raising efforts. If you would like to have some Vail flag pins, a few picture books about Vail by Kate Rider, or a belt buckle or two to give as gifts, we will be happy to provide those. Please contact Pam Brandmeyer if you need any of those types of items to take with you. We wish you the very best and we are proud of your accomplishment. Sin e ly, Rondall V. Ph' lips Town Manager cc: Vail Town Council Pam Brandmeyer . ' Holly Lynn Coffe>• P . O . Boy; 23 Gypsum, Co. 815;7 .524-4465 • Dear ~~E'~1'~-- ~-e~.~ • As our- wor• 1 d changes, the young peop 1 e of today watch in amazement as events unfold eery day before their eyes. Sometimes these rents a~r•e inspiring, =_~omewhat confusing and eWen (righting. Watching from a distance, man>• of us; especial 1 y chi 1 dr•en, fai 1 to grasp the fact that these incredible everyday events effect them and their home country. A grcwp fcwnded by President Dwight D. Eisenhower, called People to People International gives the youth of today a chance to i i t tt-~e=_.e ever-changing countr i e=_•. Countries such as, iJrazil, China and Russia have been aisted b>• many F'FOp l e to peep l e delegations i n the past . Eiu i l di ng understanding and mutal respect, so the ~~istors of today can continue to have friendships and help au r• countries build futures for one another. As a young adult, I`~~e stayed tuned to the e~er~ cha.ngi ng events a.l 1 over the ~.~orl d. To me, nothing woul d be more wonderful than to have the chance to visit these changing countries, and be able to see the people and feel what they ar•e feeling about the changes. Now, I have that chance through People to People. One program they have is a youti•~ science er,change. Students tram all over the U.S. and Canada ha~~2 opprtunity to visit foriegn lands to gain a 4reater understanding of the people and their sciencentific community. I applied to the pr•agram in October of 1991, and in DecembEr I was informed a+ my acceptance as a science amba=radar. The sciencentific deleoatian I will be tra.~eling with is a photography group. Our destination is Rus=_.ia, with the mainstay to be in Moscow, will trips to St. Petersburg and ZagorsK. We will be Fisting many historical sites i n these c i t i~es. TI-~e i<reml in, Red Square, GarKy ParK, 'and other sites w.i11 be seen, along avith a visit to the Moscow Circus and The Moscow Eiallet. As of now, I ha.ven`t reci~~ed a definite intinerary for• the trip, all I really Know at this .point is we depart for Moscow from Washington June 20th. We will be staying for three weeeKs. - A ante in a lifetime chance for anyone, especially with all the changes happening in Russia right now. For me to make this dream a reality, I ask far your help. 'the program has a tuition of ~4,GGU: This price doea not include the airline ticKets from here to Washington or bacK. Nor does it include any personal expenses such as; laundry, baggage costs, extra meal s ar gifts far• friends and fami 1 y. An estimated X6,400 is needed far• the trip, a new camera and film will also be purchased. I am asKing for• your support in helping my parents and me pay for this trip. The tuition must be paid by April ist 1992, ar I could be dropped from the program. In exchange for your supporrt, I am prepared to bring back photos, stories and even a slide Shaw to supporting clubs and organizations. A grateful letter of thanks will be written to all supporters and sent to all newspapers in the valley. To prepare for• the trip, I've been reading books about Russia. Her people, lands, cultures and newest advances. I have language tapes in Russian and I am endeavoring to learn the language on my awn. I've been • refreshing my memory about my awn country to ta1K to the inquisitive Russians about my own heritage. More than anything I want to be able to visit this fasinating country, but without your support, the dream could shatter. My parents ar•e helping with costs as much as they can, and I'm worKing two jobs to help with expenses. I know the recession has been tough for everyone, any amount you could contribute would be greatly appreciated!!! Once, many years ago the Russians were the enemies. hJow through programs liKe the People to People Youth Science Ey.char~ge we now know that we are all aliKe and we all want the same thing=_.: understanding from the world ar•aund us,~friendship, tr•ust....peace. Please help me gain these thing for >•au, me, your family, and the next generation. Flea=_.e fee 1 freF to ca.l 1 me i f >•au he.ve any questions ar• i f y~~u waul d 1 i ke to speak U.~ i th me i n person . Any cantr• i but i ans cr.n tie ~•ent tom: Plarce 1 1 a Gaffey Box 23 C;ypsum, CO. 81637 ThanK you so much far your time and support. Sincerely, ,L;~ C''!/ilk r- V Holly Lynn Coffey "The nature of People to People activities is as varied as the individuals involved. The housewife whose recipe contains the yeast of kindness, the solider whose arms embrace homeless waifs, the doctor who heals with humility, all assert a =_.ingle theme-the power of people, acting as _ individuals, to respond imaginatively to the world's need for peace." . President John F. Kennedy, Honorary Chairman "Our nation taunts an young Americans to be our youth ambassadors of goodwill to the world, to tell others of our national diversity, but also to emphasize the common bonds that we share as people. I enthusiastically support People to People's contributions to inernational friendship and communication" President George Bush, Honorary Chairman "I have long believed, a.s have many before me, that peaceful relations between nations require understanding and mutal respect between individuals." President C~4~~i ght CT. Eisenhower, Founder - ~ People to People _ _ ~ Y®uth Scierice Excharfl~e A Program of People to People International President Dwight D. Eisenhower, Founder President George Bush, Honorary Chairman December 18, 1991 • Holly Lynn Coffey 230 Eagle Street Gypsum, CO 81637 Dear Holly: Today we received confirmation from the Selection Committee and your Delegation Leader that you have been accepted by the People to People Youth Science Exchange. High standards are required for this selection; your acceptance reflects confidence in your ability to contribute to the success of the project and to meet the challenge of serving as a representative of your country, your community and your school. Often students who have participated in People to People programs tell us they wish they had studied more before their departure. Throughout the spring we will be sending you information about the places .you will visit. It is also important for you to be well-informed about your own nation, since many people you meet while abroad will want to talk with you about your country. Again, welcome to the People to People Youth Science Exchange. We are pleased that you have been selected to participate. Sincerely, Keith Currie' Program Director KC/jls International Ambassador Programs, Inc. • Dwight D. Eisenhower Building • 110 South Ferrall Street o Spokane, Washington 99202-4861 USA (509) 534-0430 • Telex 326328 • FAX (509) 534-5245 . SOVIET UN/ON x, Hosting the Youth Science Exchange for the fourth Chemistry: Togliatti,.a city located on the banks of 7 consecutive year, the Soviet Academy of Sciences is the mighty Volga River, will host Science Ambassa- participating with People to People in the largest dors for the third straight year. A special emphasis on reciprocal exchange effort of its kind. Soviet the use of chemistry in ecological monitoring will be teenagers will visit the United States this summer to pursued, since the Volga is drawing worldwide atten- study science and Learn about life in America while tion due to pollution from agricultural and industrial you are doing the same in their country. development. With its huge Lada Automobile factory, The 23-day program for American and Canadian Togliatti is the "Detroit of the USSR." students includes Washington, D.C.; Moscow; and St. Computer Science: The research center of Troitsk, Petersburg (Leningrad). In addition, a third Soviet city near Moscow, will be hosting Science Ambassadors specially selected by the Academy of Sciences of the for the third year. Virtually every facet of life in this ' USSR will host each individual academic program. town is centered around the work done in the institute All delegations will participate in opening ceremonies at Troitsk. Under the guidance of Soviet instructors, in Moscow at the Academy of Sciences and in a vari- Previous delegates have done computer programming ety of cultural activities. Science Ambassadors will .using IBM compatibles on projects involving lasers, learn about Moscow during visits to the Kremlin and optics, and superconductors. Red Square, the Exhibition of Economic Achieve- Physics: Participants in this program will see ments, Novodevichy Convent, Gorky Park, and the practical applications in science and technology. Labs Moscow Circus or ballet. and lectures ranging from plasma physics and neutron Following this time in Moscow, each delegation will activation to nuclear energy development, controlled transfer to the site of its science camp for atwo-week fusion methods, and magnetic fields will be pursued. stay. This will be the heart of your overseas program. Kurchatov's Institute of Atomic Energy will welcome delegations for the fourth straight year. Science Ambassadors will meet Soviet teenagers and their families during science, cultural, and homestay Photography: Learning about the USSR through the activities. Some science programs, such as Aero- viewfinder of a camera is this program's focus. Dele- space, Computer Science, and Physics, are offered in gates will meet Soviet photojournalists, photo institute the Moscow region. In these cases, delegations will go faculty, and Soviet young people who have an interest directly to the camp upon arrival in Moscow and take in photography. With its unique architecture, beautiful excursions throughout the city during their stay. birch forests, mighty rivers, and diverse ethnic compo- ' sition, the USSR offers an unusual challenge for pho- ~ Aerospace: Bear's Lake, a huge radioastronomy tographers. Moscow and St. Petersburg will be the facility located in the Moscor~ region, will be hosting delegates for the fourth straight year. One of the main locations for the program, with Zagorsk and sev- highlights of this program is the visit to Star City, eral smaller villages included in the itinerary. where Soviet cosmonauts are trained. Students from last year's program sat in the cockpit of MIG 21 and MIG 29 jets. North American and Soviet Science Day 1 Arrive Washington, D.C. Ambassadors were selected to speak to cosmonauts Day 2 Washington, D.C. circling the earth aboard the Mir Space Station. Day 3 Afternoon departure for Moscow Day 4 ~ Arrive Moscow Astronomy: This program takes you to the village of Day 5-6 Moscow Bukova, in the North Caucasus Mountains, in the Day 7 Depart MOSCOW for Science Stavropol region. President Gorbachev was born in Camp Stavropol. There you will have day and night Day 8-15 Science Camp observations at the RATAN Observatory using the six- Day 16 Depart Science Camp for meter telescope, the world's largest single-mirror Homestay optical telescope. Day 17-18 Homestay Biology: Students can expect a wide range of topics Day 19 Depart Homestay for St. to be covered in this program, from molecular biology Petersburg ;l to labs in marine biology. Two sites will be used, with Day 20-22 St. Petersburg one delegation visiting Puschino, in the Moscow Day 23 Depart St. Petersburg for New region, and a second delegation visiting Yuzhno York Sakhalinsk, in the Soviet Far East on Sakhalin Island. t ~ ~ ' . ~ ' intr®ducti®n The aim of the People to People Youth Science Exchange is to give Science Ambassadors a greater understanding of people and science throughout the world. ! i' This is accomplished through an exciting program of varied educational activities that acquaint students with the scientific, political, economic, and cultural characteristics ofthe countries visited. 4 is As a Science Ambassador, you will have the enriching experience of carefully planned meetings with members of the scientific community, visits to institutes and field stations, and social and cultural events which provide opportunities for you to meet the people of other nations. These unique features, not available to tourists, have been prearranged by the Youth Science Exchange Program staff and our host network in each foreign county visited. Our governments' ambassadors negotiate around the conference table; you form friendships around the dinner table during home visits and youth get-togethers abroad. The governments' ambassadors work for the best interests of their coun- try; you work for the best interests of people. When you make friendships from , which understanding can grow, you move the world toward peace. You help to achieve the goal of People to People~International: world peace through world con- tact. ~ - Working toward this goal can be a challenge, and there are special rules and obli- gations you must observe. If you and your parents agree with these rules and feel you can contribute toward the goals of the program, you will be a welcome addition ' to the delegation. i To be certain you thoroughly understand your obligations, the Delegation Leader and/or the Interview Committee may ask you questions pertaining to the informa- lion contained in this manual. Be sure to read it carefully before your interview. If you are accepted into the program, additional information will be sent to you ,t throughout the year. Keep those materials together with this manual for easy ref- ' erence. `l The formation of the delegation and preparation for the overseas program is a pro- cess that continues throughout the school year. The timeline on page 4 summa- ;q • rizes this sequence of activities. ' ~4 i~ 1 f ~t. :C The ®le ~f the Science ~r~assad®r . As a Science Ambassador, you will want to make a good impression. When you are visiting another country, try to look at things through the eyes of the people who .,I live there, not as an American or Canadian. Recognize that customs vary and that other people do some things differently; this doesn't make them wrong or you right. Avoid making comparisons in public. Some things are better left unsaid. When you are with overseas hosts, do the things they have planned for you. Wouldn't you want a foreign guest in your home to enjoy the activities you had F; planned? Be the kind of guest they will look forwsrd to seeing again. ~ Learn at least four words in your hosts' language. Know how to say "hello," "good- bye," "please," and "thank you," and learn additional words and phrases if you can. : They will appreciate your effort to use their language. Always be courteous and considerate of others, expecially those who serve you. For example, if someone is speaking to your delegation, please listen and refrain from talking. Guides appreciate this courtesy and can do their job better. There are many ways you can show thoughtfulness, consideration, and maturity. Expect to be asked questions about your country. Be prepared to discuss our prob- lems. State your views simply and answer truthfully. If you don't know, say so. Take some pictures with you: photographs of family, your home, your school, your hobbies, and any special interests you have. Your school annual is a good way to tell people about your school. Not everything will be exactly as you expected. Learn to accept difficulties with humor and good grace. Some things can't be changed, so accept them with diplo- macy. The role of the Science Ambassador might be summarized in a, single sentence: "Be b when visitin ou in our ' the kind,of person you would want a foreign guest to e g y y country. These are only a few suggestions. During your Orientation IVleetings, be prepared to discuss additional ways of being an exemplary Science Ambassador. a~ . ~ ,S ,i n x 2 r ~j]C+ discuss common problems, com- Leading science teachers in ICE®PLE T® PEOPLE pare recent findings, and evaluate each respective field are appointed areas for further study and colla- as Delegation Leaders or serve as ad 1'UUTH SCIENCE borative effort. More importantly, it hoc advisors for the People to enables them to discuss, compare, People Youth Science Exchange. EXCI~ANGE evaluate, and Ixidge political and Major discussion topics for each Despite the man}' differences cultural differences in a way that project are prepared with the assis- that exist among the r~orld's people, governments alone cannot, lance of these leading educators and we all speak a common language The People to People refined through communication with when it comes to our desire to Youth Science Exchange is bi- the host country. Leaders also help achieve educational, scientific, and lateral, bringing Science Ambas- select Science Ambassadors and chair technical progress. sadors together .for three weeks of the program abroad. . To give outstanding science formal and informal discussions, students and science educators field visits, lab work, seminars, and CULZ'[JRAL }1?XPIERIE101CES from throughout the world greater briefings. While each program When Science Ambas- opportunities to work together and itinerary explores a different topic, all are aimed at brin m sadors travel to other nations to effectively commmunicate with g' g the people exchange ideas and information, their peers, the People to People of the world together in a setting they cannot derive the full benefit Youth Science Exchange Program that is not only informative, but of their colleagues' experience administers face-to-face scientific and also conducive to improving without also having an under- teclanical exchanges. Now in its fifth academic communication through- standing of the country and its year, the People to People Youth out the world. culture. For this reason, they attend Science Exchange conducts three- social gatherings with their hosts week programs in the Union of SCIENx~><C EXCI~ANGES and take part in' cultural programs. ' Soviet Socialist Republics, People's .Each project is structured This social interchange is also an Republic of China, Australia, 'Brazil, around a list of specific objectives effective forum for increasing and the United States. and topics for discussion. This understanding and cooperation. Exchanges focus on a wide ensures that a true commonality of variety of specialties in science and interests between counterparts is technology, including Biology, achieved. Medicine, Chemistry, Computer A major portion of each Science, Aerospace, Astronomy, delegation's time abroad is spent in Archaeology, Amazon River/Rain working sessions, meetings; semi- Forest Ecology, Photography, Tradi- nars, and investigative. visits to ap- tional Chinese Medicine, Physics, propriate foreign facilities and insti- and Marine Biology/Zoology. rations. A number of formal on- By bringing together people going relationships between stu- who share scientific interests, bases for dents, educators, and institutions communication can be established. have been forged as a result of This, in turn, allows students and these exchanges. educators from different countries to China Canada Soviet Union ; yy~ r ~~~yt~. - 1 -~ss:z - a.. }'av ~i - i i~ Australia United States l~ra~ i i ' A TRADITION Through its exchanges, the While science exchanges - OF COIVIMUNICATION People to People Youth Science are the focus of the People to 'o By promoting under Exchange furthers President People Youth Science Exchange, - standing and cooperation among Eisenhower's original concept of Science Ambassadors .invariably individuals from different nations, goodwill missions by creating derive much more than technical the People to People Youth opportunities for substantive knowledge from their experiences. Science Exchange upholds the dialogue between outstanding Most Science Ambassadors ideals of People to People science students and science encounter cultures they have never International. educators, a dialogue that can lead seen hufore. From this exposure People to People Inter- to tangible results for all involved. comes the realization that the national is a private, nonprofit, Many of history's greatest world's people share many mutual nonpolitical organization head- technological advancements have interests as well as a deep • . quartered in Kansas City, Missouri, been the result of the combined commitment to bridging the gaps which encourages communication efforts of the world's scientists. that still divide the world's cultures. among the world's citizens. The i3ecause major scientific hreak- In addition, Science Ambassadors People to People movement was throughs are often built upon the learn to accept one another's founded by President Dwight D. work of individuals living and differences in a spirit of Eisenhower in 1956 during an era working oceans apart from one cooperation and understanding. of high worldwide political ten- another, the need to access and sions. President Eisenhower felt apply new discoveries is not that the better the people of the limited to any one region of the world knew and understood one globe. Therefore, the People to another, the greater the chances People Youth Science Exchange for an enduring world peace. program's goal for each of its Much of this understanding, he specially focused academic. believed, could only be achieved delegations is to hrril; down l outside official diplomatic Chan- barriers to allow for effective nels through direct people-to- dialogue among the world's future people contact. scientists. People to People was While concentrating 4 administered by the State Depart- Primarily on scientific and technical ment until 1961. After President exchanges, the People to People Eisenhower left office; he and Youth Science Exchange is President John F. Kennedy coop- dedicated to the underlying •p erased to separate the People to principle of People to People lI People program from the State International - to promote world Department and establish a pri- peace and mutual respect among vate, nonpolitical organization. people of different cultures. The purpose was to make People to People a true citizen effort, free from government restrictions and neither subject to nor dependent upon government funding. President Eisenhower sensed as the first chairman of the board of People to People Inter- national. Over the years, Pres- idents Kennedy, Johnson, Nixon, Ford, Reagan, and Bush have served as honorary chairmen of r,~ People to People International. ~~t t®~J~t/J~,~ People to People International administers a s® ~entu~lly ?,hill n~ti®ns." network of local, regional, and national committees throughout Dwight D. Eisenhower the world, as well as several Founder international exchange programs of a cultural and goodwill nature:. People to People International 1 SENT BY~EAGLE COUNTY ; 3-12-92 ; 12 03 ; 3033287207- 3034792157;# 11 3 ' ~~~~lVE® MAR 1 2 i~~2 ~rC~l 1~, 1 - EAGLE COlfN1Y BWLDIIVI; • 551 RRI~ADWAY OFFI~ OF THE P.O. ROX 85D BOAFD OF COMMIS510NER5 EAGLE. COLORADO 81631 {303) 328.66!)5 _ f~1X: (303) 31B•7~~17 BQ~IRI] O~ CC~UIV'i'Y C0112M1SSIO~iV~RS ~Ca~,J'Y..AR NdEI~•d 1t~TCa L71~Y MONDAY, 11~AI2~~I 16, 192 09:00 -10x00 'VfID SSI+I?1V - ~EF.KI.X u~~~TE rtc~Y~oss Rom .lames 12. ~ritxe ,County 1Vynnag~r 10:00 - 10:45 FF.NDAIV~ L1TI~ATIDN ~ur~ scr.Y cuss Roca Sevin Lindahl, County ~4ttorney 10:43 - II:00 ~*~gRLAg*~* 11:Q10 - 11:30 ~14Ftr?itK ~~SaI~D1~1- ~t~~LE ~'9UI~1TY t~i&~i~f3IS~ Rt7' q/ahr ROLE CROSS RDO1Lf Dan Rcynvlds, Airpprt 1Vlann~er 11:30 -12+00 VV~IIK S~S~IDN - T~vYN ~~''PSUM MToJdreI1GLYCRO~sROOIY Keviri I..iridahl, County Attorney . 12:00 - 01:0p ***I.U1~TC&I**~ W~1~ S~~ID1Y - HOLY CH~~ RANH~ • D&S7t'l~~T, ~II,L V4'Q~~ 01:00 - 01:.13 ~~IV~ENT ~AI.~IH1~Alt B'AGId G~dUNfYR801~ I77i~l3OFA ROp71J1G$ANly Ndl~AraNJROVF.RS~AL NRTd~AR~ Plr4CED ON7]38 CDNS~'CdILNDAR 7iDALLUi6/77iEBQARU OP (x'IUNTY ~L1Dl~ATI9SlUJ?~R.4 710 SPEh~ P1S 7IME A1frT? ENERGY CN ddORS lAlf+DRTANP I7FJ4fS O1N A ZBN~I7TY ACiEN!!®, ANY C.17MMISSIONERElAYREQUSSr7BA7'ANI1ERf8E I4EMUYID"FJY(]Ad7ABCONSTWPCdIBND~lRA11~C01167DE1Z1~DSEt'ARATELY. M?Y1~fBER OF 786 ~UBt~IGM,iY 'R8QUh5T' ANYl7F~M 8B 7td{IlfOd~7° FRUAd 777E C~DNSSNJ''A~3BNL?d. SENT BY~EAGLE COUNTY ; 3-12-92 ; 12 04.; 3033287207 3034792157;# 2t 3 1. BIILL FAYFNG Linda Paalciteb, Accounting . harry Cleves, Controller A+CTIdDN: A~rproval subject to review by the Caaenty Manager. 2. PAYRf9I.L.~It MA~CgI 1~, 19~x Jams R. Frilzie, Coautp Manages AG'i'IPBNi Ar,.~,.~~al sul~ect to review by the Caanty IYlaaager. Llt~voR Lac~rtslr - IIOB ARTID A1L7fA'S I>~e,~ Kevin Lincta}el. C.ouacy Attorney ACTION: Renewal hotel sad a~staotattt. pRE'~'ENTATII~ MAlhi r ~ dAPa1CE C(3NTdIAC~` ~'iTEIHAYI~iI~~3'E FUIt ~ tu:~ LtAGLE C4,IUIVTY IIUII,IDING Mika $tadiey, I7itect~ar of ]3~uilding sad ©rounds ~i1CT].~N: Consider Srr.~~~~ lat. 5. $,ESOI.iJ'I'ION Are UUa t ~i~TG MI~~I~ TO AYE OId TEIE EAGLE COi]NTY A1Vi16iA~L CONFFCDL ADYISCI~Y BtDARD Jack Lewis, Asst. County Mtutsger Rob Slagle, Director of Aniaasl Control ACTION: Consider approval. d. Y.n+.n xra?t OF AfaRF~NIEtd'H' BET~iVt ABE ~?VAGNEi~ AND ASSdJCIATES, IIdC; AND, EA.GLLf'; COI.I<'d'I'Y F(DIEa 1ItAINING lack Lewis. Asst. Caunty Maasga' . AC1'Ii1N: Consider appr+uvat. 7. SLAi~IM, P1E'VINS AND A'S5'iOC. COMP(3•~x~?UN/B~~rt' g'$'ITD~t PROP,OSAI. Judy Whife House, DirdCtor of Human Iresoarces ACTION: Consider approval. si. RAIIZti~Y1ND3 BLEAr?nra~ BIB! i°ROT'03AL Tom Soiawetx. Asst. Director of Building east 6~rounds ACTION: Consider approval. 9. EAGLE COiJAITY AIUCTipRi BBD I~tJ1~1SAL Tom Solawatz, Asst. Ditor of Building and Groins AC'I'$QN: Consider..Yry~.~ral. a~:~s - o~:~~ vv+~R~ SE.S~I~DI+t - '1'A~I.I~T ~ ~to~at~ ~I.u~~~ ALL ~RE~sE~ ~avN~ O~r~tA ~ ~ EY EAGILE C4~i3I~i'i'V rd7'grrhe Mats cuss James R. Fritze, County Manager gevin l.ind~hl, Couniy Attorn+~y Ola~S - DZeQfl 1LIQjJ~it LIG]F~ISE I~IAt~ - EAGLE CdDUAdTY SI~ILC~L EVENT, FAIII; EE>V ~r x A ~a txvvn?rr~¢ao~ Kevin Lindahl, County Attiprney A~TI(~1~T: Consider apprtavai. PAGE 2 SENT BY:EAGLE COUNTY ; 3-12-92 ; 12:04 3033287207-~ 3034792157;# 3/ 3 f~ Ii2:00 -43:00 I3D~l~ (aF ~ALTl3 ~r~tr~ROl,Y~a~sRao~ Ray Merry, Director of ~nvironanental Health Sid Pox, Senior Planner 03:00 - 03:30 COMfI~I[J~a.~ DI~.~3.I3PMLNT - ~I'~RT SI~rItiT I~+ YEVd~ .Eeo~ cx~uurrROOaa Peal Clarkson, Planner 03:30 -04:00 A. AvvARD a» siv~vv ItIEA~ioYA[. F~i1D'i1+1~iT !sue B~cug avunrrfxopar Dan ~ieynaids, Airport pRamager ACI'YDNa Consider approval, 2. AG~I~NT >3,~'i'~+4~~ T~ VAIL,lBIvAVE1t Cl~~ Jam' d:ENd ER AIVIa ~ CdlLfi1TY ®F El4~iiI.E, 5"Y't#T)~ OlR COLGBtADO >F[IJGARDWG AflR CARIt~ EXCLIJS AND CG11ffiVIDN IJSE ACAS AND xxyr. AiH~IPfIR"I' S'1E:CiJI~I'E'Y p'~OtiRAM ~~r.~ co~rr Yoon~s Dan lteynalds, Airport Manager A.CTI(1N: Consider approval, 3. `'VATFRp'ORD CgIAiVGE ORIAIrR pYI7Rn~r'1rt 3'!AI>P NQJMDEIt 1~ gacLB cotnatx gaon~ DaD Reynolds, Airport Mat:aget' ACTIaN: Consider approval. 4, GRANT' APPLICATIONISNaW REMGdAL E~TII~MENT, SAFETlt AREA GRADING, 9'A~'AY G[TIDAI~C>E SIGN anacs dot~rrrtr R~tu Dan Reynolds, Airport Manager ACTION: Consider approval, ADIKEP~71' iVQ1l1ID~ 5/Y,SRILI. CiaNTRACT ~c~e caurrv ~ Uan Reynolds, Airpoxt Manager ACTI®N: Consider approval. 04.00 -04.15 CDMIi~ITiiII~'Y DEi~~g.,l~Dp'T - PLt11\l~Ill~ir J[~SITF,S Fads coumY~oo~r Keith Montag, Director of Community Development ~CTI~I~t. To table the following issues: 1. Iw.ITR-(>~-92-Amendment to the Fag1e County aarad Use lteguIarians -Section 2.15.03 l3xemption from Subdivision; Section 2,21 Minor Subdivision; and, Section 2.25 Submittal Dates, Pr~clures, and Fees 2. ~-322-92-Eagle lliver Mobile Dome Park O~tIS - (14:5 FLVAL PLAT - ~x~UK I.~ICI~ ~I,I1V~ Edell' t~UMYRa'OM Paul Claz&son, Comwuniity Development, Planner AC'A'I+DPd: Consider approval. p4:45 a JAIL, IlYSP'~CTIDN 6,lcLE aouNn?1us~rre r.~,~ TH[S AiCiStYDA IS PR171~a.vc1 iX?R ~iFORDdATIONAL PURrvan3 ONLY - ALL TaVIE.S AR'.E APPRQXIP9ATE. THB BOARD WH1LE IN ST9SiUAi MAY r~N91pFR QR'IiER IT>~49 THAT ARE BROU©HT BF~OR;E TY'. P,~GI~ 3 . VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 17, 1992 7:30 P.M. AGENDA 1. CITIZEN PARTICIPATION. 2. Vail Valley Marketing Board Report. 3. Ordinance No. 4, Series of 1992, first reading, an amendment to Chapter 18.34 of the Vail Municipal Code adding construction staging sites as a conditional use in the . Parking Zone District. Applicant: Johannes Faessler. 4. Resolution #6, Series 1992, resolving .April 26 to May 3, 1992, Days of Remembrance of Victims of Holocaust. 5. Resolution #7, Series 1992, resolving April 5 to 11, 1992, as Week of the Young Child. 6. Appeal of DRB Decision regarding Schmidt Residence. Lot G-1, Lionsridge Filing No. 1 at 1410 Buffehr Creek Road. Owner: Leroy Schmidt. 7. Police Department Space Expansion Presentation. 8. Adjournment. C:IAGENDA.TC r VAIL TOWN COUNCIL REGULAR MEETING TOES®AY, MARCH 17, 1992 7:30 P.M. EXPAN®ED AGENDA 7:30 p.m. 1. CITIZEN PARTICIPATION. 7:45 p.m. 2. Vail Valley Marketing Board Report. Frank Johnson 8:30 p.m. 3. Ordinance #4, Series 1992, first reading, an amendment to Andy Knudtsen Chapter 18.34 of the Vail Municipal Code adding construction staging sites as a conditional use in the Parking Zone District. Applicant: Johannes Faessler. Action Reauested of Council: Approve/deny on first reading. Background Rationale: The proposed change to the zoning code was initiated by the Sonnenalp Hotel. The magnitude of the renovation project at the Bavaria Haus requires an off-site staging area. Vail Associates has agreed to let the Sonnenalp use the West Day Lot; however, the zoning code must be changed to allow construction staging on that site. The Planning and Environmental Commission reviewed the proposal on March 9, 1992, and voted 7-0 recommending approval of the ordinance. The ordinance will add construction staging as a conditional use. Thus, any proposal must meet the conditional use criteria and comply with any conditions of approval put on the project by PEC. Staff Recommendation: Approve Ordinance 4, Series of 1992. 8:40 p.m. 4. Resolution #6, Series 1992, resolving April 26 to May 3, 1992, as Ron Phillips Days of Remembrance of Victims of Holocaust. Action Reauested of Council: Approve/deny Resolution #6, Series of 1992. Background Rationale: The Town of Vail has received a request from the United States Holocaust Memorial Council to proclaim the week of Aprif 30 to May 3, 1992, as Days of Remembrance of the Victims of the Holocaust. The Days of Remembrance provide Americans each year with an opportunity to reflect upon the events of 1933-1945 and to rededicate themselves to the basic principles upon which this great nation was established: individual freedom conjoined with social responsibility. Staff Recommendation: Approve Resolution #6, Series of 1992. 8:50 p.m. 5. Resolution #7, Series 1992, resolving April 5 to 11, 1992, as Ron Phillips Week of the Young Child. Action Reauested of Council: Approve/deny Resolution #7, Series of 1992. Backaround Rationale: The Town of Vail has received a request from the local coordinator of this year's Week of the Young Child. April 5 - 11 is Nationally known as Week of the Young Child in recognition of children's issues. Action Reauested of Council: Approve Resolution #7, Series of 1992. 9:00 p.m. 6. Appeal of DRB Decision regarding Schmidt Residence. Shelly Mello Lot G-1, Lionsridge Filing No.1 at 1410 Buffehr Creek Road. Owner: Leroy Schmidt. Action Reauested of Council: Uphold/Overturn DRB decision denying requesting to separate units. Backaround Rationale: On February 19, 1992, the applicant requested permission to separate a proposed primary unit from an existina secondary unit. George Lamb made a motion to deny the request, Pat Herrington seconded the motion, and the DRB unanimously voted to deny the request, finding that there were no substantial site constraints, per Section 18.54.050(1) - Design Guidelines, Duplex and Primary/Secondary Development, which warranted the separation of the units. Staff Recommendation: Uphold the DRB decision. 9:30 p.m. 7. Police Department Space Expansion Presentation Herb Roth 10:00 p.m. 8. Adjournment. C:~AGENDA.TCE 2 /-is ~ ~ Pain : ~ ~ lrJhe~ ~n I /'h~re~1 '9Z l S~uu~o~ T"d /S ~S6o~r~~/ ~ ANNUAL BUSINESS LICENSE l ~ d rC~ ~ 5,04.130 No refunds. ~ No business license fee shall be. rt"funded on the. basis Ir~~~O ~ that the business for which the license has been issued has ceased, or because the business has been transferred to new ~l,d "-'-Q owners. (Ord. 38(1988) § 1.) - - - ~ ~ 5 04 X140 TerminAtion =:f _ ;A'`;°t~'a reg~utarogr'~special .town coup it meeting, or t.bwn cyoun ~i~^w,o~'r?k session, dur.:.ing the mo~ntrz of~March~l~9`9,2~"''t~li"e ~ - a rnar~ke~t~i~nrgdboa~rd~ta~ppoted~he"troyw~~ co~unct1l~S~ha11,r~ep"o`c t~ tsh~~uenctll~members~o"~"~n t~fi*e`~m~a~r{ket~i~ng„board. o,n th v f ~uf" effectiveness : of ~tshe marketing=-and=proin~ot~tonal pr~`'~',`.a . n 3~319Z financed ~by~'fund~s raised p,u~rs,u~a~n~t t+o thms'c~hapte~r and a~hal rnake~~,l~endattons to tlYe c_oum_c;i t~n rega~d i.here~o. ~v~ ~ /y7 `I ~ ~9 ~/a~~ r GIJ~o ~~5 ~ , . o~ ~ ~ ac vi s E ~ ? ~ ~x• ' ' ~ ~ _ ~ ~ ~ ~ • ~ ~ ; ~ - - : ~ . u , , 4 ' ri RESOLUTION NO. 6 SERIES.1992 ~ . s.~ A RESOLUTION DESIGNATING THE DAYS OF REMEMBRANCE OF THE ~;~`'r; ~ ' VICTIMS OF THE HOLOCAUST AS APRIL 26 -MAY 3, 1992. ' - t ~ ~A?p WHEREAS, from 1933 to 1945, six million Jews were murdered in the Nazi u, Holocaust as part of a systematic program of genocide, and tens of thousands of . Gypsies as well as millions of other people perished as victims of Nazism; and ~fi ~~~u ~ ~ WHEREAS, the people of the Towri of Vail should remember the atrocities ~i'°~' ~ x ~ committed by the Nazis; and e, . WHEREAS, the people of the Town of Vail should remain eternally vigilant 6 against all tyranny, and recognize that hatred and bigotry provide a breeding ground for tyranny to flourish; and . ~n WHEREAS, April 30, 1992, has been designated pursuant to an Act of . ~ Congress as a Day of Remembrance of the Victims of the Nazi Holocaust, known ~ ~ ~ g~ internationally as Yom Hashoah; and ~ ~ ~ ~~n ' WHEREAS, it is appropriate for the people of the Town of Vail to join with thei ' ~ United States Holocaust Memorial Council in the commemoration: . ~ ' . Now, therefore, I, as Mayor of the Town of Vail proclaim that, in memory of . y~; ~ the victims of the Holocaust, and in the hope that we will strive always to overcome ~~t . prejudice and inhumanity through education, vigilance and resistance, proclaim that the week of Sunday, April 30 through Sunday, May 3, 1992 is hereby designated ~ . W . as the Days of Remembrance of the Victims of the Holocaust. r INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of March, ' 1992. ~ ~ ~ ~'t Margaret A. Osterfoss, Mayor „ ATTEST: ~ ~ ~ Martha Raecker, Town Clerk ~ ~ ~ ~ . ~a?..,~.~.,,, .?~~a.,, ~n.,~ .ems ~ ,e~~,:+'',~' ~~~~,~"t ~ ~ ~ .tea - • f 03/02/82 12:30 '$202 653 7134 USH~IC ~ C~j001/004 Gam' . Unitea9 St~t~s ~I~l~~~a$t &I~naori~l C®u~c~1 ~ ~ ~1E' ~11~F'tw f 'Q'TR ~1l~' ~ ~ , ' . 03/02/92 12:31 'x`202 653 7134 USHMC ~ 002/004 ~+eo [)nt~d ~ , 7~, .,.:Mrne~1 Umnt~t~ ~t~tes_ ~Yoloc.RUSt 111~[~anor~~ Cou.~cil Feba~uary 7 , 19 9 2 Dear Mayon: The 'United States Holocaust 1?~emorial Gaunc3l was created by an unanimous Congress in 19'SO and mandated to build the United States Holocaust Memorial. l~iuseum on federal land ad jace>:tt to th~a Natir~nal Mall in Wash,iagton, D.G. In April ].993, the Museum will open to the public and take its place, alongside other monum~.ts, memorials and museums on the Mall, as a major national institution and educational facility. DQSir,Jned specifically for a div®r:3e general publia~ the Museum will educate Americans about this watershed event in human history as well as its ianplications for our lures in a pluralistic democracy. The Council teas also mandated to lead the l~at3on in annual c~.~...emorations of the victims of the Hs~locau:3t, laa,awn as pays of Remembrance. Millions of .hmericari citizene~ both at home a.nd abroad {U.S. d3.plomatic and military iastallations),.w~.11 observe the Days of Remembrance in 9 9 2 from Sundal+', April 26 through Sunday, May 3. The suggested theme is pFifty gears Ago: Ira, the Depths of Darkness." Your personal leadership in this national commitx~tent to Remembrance is essential.. Your words arici deeds set an example for the people of your e,.,.....unity. Thus, vie respectfully request that you issue a Days of Remembrance Proclamation (sample enclosed).and forward it or s. copy tc~ the United States Holocaust Memorial Council for your permanent I~a~rs of Rememlaranee a~echivEs and plan and/or participate in an obsorvance. To facilitate your planning, we eneourac~o,you to appgint a member of your staff to serve as your liaison faith the united States I3oloaaust Memorial Counci.l's Days of Remembrance program (form inclosed). The 1992 Program Planning Guide and poster will be available in midi February. The Days of Remembrance provide Americans each year w~.th an opportunity to reflect upon the events of 1933-1945 and to rededicate themselves to the basic principles upon whicYt this great nation was established: .individual freedom conjoined with sooiai responsibility. We are deeply grateful for your strong support of th~.s historic mission to honor and protect future generations through Remembrance of the ~tolocaust. Sincerely, b~.(,.c~ enj in Meed Chairman, Days Qf Remembranoe Enclosures 200U L ~ltt~eet NW, Suite 1~Vashingtot~, I9.C. ?A036-4907, (Zd2) X653=4220 • ~ w 3-3 . Pam - /J Or~,7~~ L3f/on eyl/td U,~Er ~v c~JOv/~ ago ~ PrUCl3r~affoa? w ~ N Q ~ ~ 3 03/02102 12:31 '8`202 653 7134 USHMC f~]003/004 - Days of Remembrance Liaison I, , Mayor of the City of herek~y designate t4 be my Days of Remembrance liaisfln far the 192 commemoration program Name (printed or typed~)s (na.) (street.) ' ( city) ( state ) (a.~.p code ) Phone: Office: { ) _ Home; ( } ` 43/42/92 12:32 '$`202 653 7134 USHMC R?404/404 i ~~~a SA~LR Ci v.tG PRGC'IOPU Days of Remembrance of the Victims of the Hola~caust .April 26 - May 3, 1992 Whereas, from 1933 to 1945, six million Jews were murder+sd in the Na2i Holocaust as part of a systematic pragxani of c2enocide, axed tens of thousands of Gypsies as well. as millions of other per~ple perished as victims of Nazi~mp Whereas, the people of the State/CitylCommunity of should remem]aer the atrocities oammitted by tha Naxis; Whereas, the people of the State/city/Comtauna.ty of should rededicate themselves to the principle of ecyual justice far al'1 people ~ Whereas, the people of the State/City/Cw,~u~~unity of should remal.n eternally vigilant against all tyranny, a.nd xecagnizQ that hatred and bigotry pra,ride a breeding ground for tyranny to flourish; Whereas, April 30, 2992, has been designated pursuant to an Act of Congress as a Day of Rernen~rance of the Victims of the Nazi Holr~caust, known internationally as Yom Hashoah; and Whereas, it is appropriate far thc~ people of the State/City/C...,,~.unity of to join with The United States Holocaust Memorial Council in th~a c~a~~~emarations Now, therefore, I, a.s Governor of the State/Mayor df the City/community Iea~ier jtitle) of proclaim that, in memory of the victims of thy? Holocaust, and in the hope that we will strive always to overcome prejudice and inhumanity through education, vigilancte anri resistance, proclaim that the week of Sunday, April 30 through Sunday, ley 3, 1992, is hereby designated as the Days of RemembrancE of the Victims of the Holocaust. r T r~. 4 'c ~ U II t ~ . . . ~ RESOLUTION NO. 7 ~ SERIES 1992 . l A RESOLUTION DESIGNATING THE WEEK OF APRIL 5 TO 11 1 992, AS t ~ WEEK OF THE YOUNG CHILD ~ ~4~ ~ ° ~ WHEREAS, the Early Childhood programs of Eagle County and other local ~ ~~n~~'!\ organizations, in conjunction with the National Association for the Education of ~ . u _ Youn Children, is celebratin the Week of the Youn Chitd, A ril 5 to 11, 1992; t~ y ~ g 9 9 P ' i~ and ~ WHEREAS, by calling attention to the need for quality child care for all young ° children and families within our community, these groups hope to improve the ~D quality and availability of such services; and . ui~~'.. • WHEREAS, the ualit of services is rimaril determined b the individual ~a q Y P Y Y teachers and caregivers who perform this valuable work; and • WHEREAS, the work of the earl childhood rofessional is not full Y P Y , ~ ~ understood and is under appreciated; and ~ ~ ~ ~ F ~ WHEREAS, quality child care services can provide the basis for a good l~i. beginning for children's sound growth and development; i~,;.. ° ~ ~ r U ~ ~ Now, therefore, I, Peggy Ostertoss, Mayor of the Town of Vail, do hereby . proclaim April 5 to 11, 1992 as ~ ~ l~ WEEK OF THE YOUNG CHILD ~ ~ in Vail, Colorado and urge all citizens to recognize the valuable contributions of 11~'a , ° i ~ early childhood teachers and caregivers and to .actively support the need for more ~ ~ and better child care within our community. ~ s INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of March, J ~ ° 1992. , ~ , ~~i e i Margaret A. Osterfoss, Mayor i ; ~ . ` k~~~f ATTEST: ~ , ~ - ~ ~ ~ Martha Raecker, Town Clerk ' ~ , . . tee. , . . 4~ I RROi~AMAT I ON BY I~YOR u~ ~ rxr wJ O!d AMC OF THE YOUNG CHILD Whereas, the Early Childhood programs of Eagle Gounty and other local organizations, in conjunction with the National Association far the Education of Young Children, is celebrating the sleek of the Young Child, April 5 to 11, 1992; and Whereas, by calling attention to the need for quality child care for all young children and families Within our community, these groups hope to improve the qual it.y and availability of such services; and Whereas, the quality of, services is primarily determined by the individual teachers and caregivers who perform this valuable work; and Whereas, the work of early childhood professional is not fully understood and is under appreciated; and Whereas, quality child care services can provide the basis for a goad beginning for children's sound growth and development; I, Peggy Osterfoss, Mayor of the Town of Vail, do hereby pr~c-~.-a.im April 5 to 11., 1992 as hr~e~C OF THE YO1~16 CHILD in Vail, Colorado and urge all citizens to recognize the valuable contributions of early childhood teachers and caregivers and to actively support the need for more and better child care, within our community. i r ~ ~ / ~ ~ ~f~~ r ~ t - ~ M~ ~/,7 ~r /lam x ._th2 p' 129 north frontage road ~ea~~~~ vail, Colorado 81657 ~bs ~ J 1ree 303-476-5684 - ~ ~ February 28,1992 Dear Mayor Osterfass, As the local coordinator far this years Week of the Yaung Child activities I mould like to solicit your help in .bringing recognition to young children. April 5 -11 is Nationally known as Week of the Yaung Ghild. We ar e p leased that ch it dren's issues are f final ly getting recagnitian.in our communities and nationally. The Vail Valley has been very supportive of the many fundraising events it takes to provide quality experiences far children. We'd like to shaw • our - ~apprec i at•ian and enthusiasm - to °show -off the Valley's mast precious resource. Week of the Yaung Child is a goad chance for us to celebrate children and their families. The 'activities that me have planned for the Vail, Avan, •Minturn and Eagl a areas are: a children's art shaw hosted by First Banks ; our fifth annual county mide party for children in lac al schools and programs ages f0-9~, a children's Health Fair and Casino 92- a fundraiser benefitting seven c•h•i~ldren's pr agrams, t-he Eagle County Early Childhood Task Force and the Resource Center. We would like the Town of Vail to officially recognize Week of th a Young Child in a proclamation ar resolution. We mould also like to invite you and all the council members to join us at Meadow. Mountain Elementary School an April 8th, from 6:O~D - 7:04 far our Week of the Young Child party. Please let me know if the proclamation matter is appropriate. to put an a Counc i l agenda. I'.m enclosing a copy of the prac~lamat i~an supplied to one. by the National meek of the Yaung Child Committee. Sincerely, Cricket P'yl man • Assistant Director Learning Tree i IIAEMORA?NDU11A TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 9, 1992 SUBJECT: A request to amend Section 18.34, Parking Zone District of the Vail Municipal Code to allow construction staging as a conditional use. Applicants: Vail Associates/Sonnenalp Properties Planner: Andy Knudtsen I. DESCRIPTION OF THE REQUEST The request made by the applicant, Johannes Faessler, is to amend Chapter 18.34, Parking District, of the Vail Municipal Code to include temporary construction staging as a conditional use. Chapter 18.34 regulates the Parking Zone District for the Town. The three sites within the Town which have this zoning include the Lionshead Parking Structure, the parking lot east of the Garden of the Gods (underlying zoning for a portion of the SDD), and the West Day Lot owned by Vail Associates. II. BACKGROUND The applicant plans to renovate the Bavaria Haus during the summers of 1992 and 1993. This extensive renovation will require 'a staging area that is off-site. In the past, other redevelopment. projects in the Village have used the upper bench of Ford Park as a staging area. Because of the increased use and development of the park in recent years, the Town is no longer allowing private contractors to use the park for staging. Staff has worked with the architect for the Sonnenalp Hotel, Ken O'Bryan, to try to identify a site for staging which would be compatible with adjacent uses. After reviewing several sites, the applicant was successful in negotiating an agreement with Vail Associates for the use of the West Day Lot, adjacent to the Marriott in Lionshead. However, before staging can take place on that lot, the zoning code must be amended to include construction staging as a conditional use. Following that amendment process, the applicant must receive an approved conditional use permit.., III. PROPOSED CODE LANGUAGE Below is all of the text included in Chapter 18.34, Parking District. The proposed text is shaded in grey. 18.34.010 -Purpose The parking district is intended to provide sites for private or public unstructured off-street vehicle parking and conditionally to provide for private or public off- 1 street vehicle parking structures and private or public parks and recreational facilities. The parking district is intended to allow such used #~+4+t+es while ensuring adequate light, air, privacy and open space for each valid use in adjacent areas. (Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.100.) 18.34.020 -Permitted Uses The following uses shall be permitted in the P district: Private or public unstructured off-street vehicle parking. (Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.200.) 18.34.030 -Conditional Uses The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Private or public off-street vehicle parking structures; B. Private or public parks and recreational facilities:;; C. Public uses, private office and commercial uses that are transportation; tourist or town related and that are accessory to a parking structure:; D. Major arcade.- E~ Tarmporary construction staging area For tiia~u,rp`oses of this paragraph, a #amporary construction staging site sha~A mean a site on which; for a„temporary p~rrod of time, construction materials, heavy co:n$fruction equipment, vehicles and construction trailers may be stored: . (Ord. 6(1982)§ 2a: Ord. 33(1981] § 1: Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.300.) . 18.34.040 -Accessory Uses A. Minor arcade. (Ord. 6(1982) § 2b: Ord. 33(1981) § 1: Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.400.) IV. ANALYSIS OF PROPOSED CHANGE With the addition of temporary construction staging as a conditional review in this zone district, staff believes it may help facilitate redevelopment within the Town. In the past, some projects which have been renovated have used Town-owned land for the staging area. Now that the . Ford Park site is no longer available, staff believes another option should be provided. This proposal would offer an alternative for staging, but would not create uncontrollable impacts. The change in the zoning code, as it is proposed, will allow the construction staging only as a conditional use. Therefore, the Planning and Environmental Commission will always have the opportunity to review any proposed staging site. During the review, the PEC can place conditions on the request to ensure the proposed use will be compatible with adjacent properties, if the proposed amendment is approved. The Sonnenalp is planning to return to the PEC on April 13, 1992 for a conditional use hearing on the West Day Lot site. 2 w~ V. STAFF RECOMMENDATION Given the fact that this use is allowed only after approval of the conditional review, staff believes the code change will have few, if any, unmitigated negative impacts. The positive effects are that the Town will be providing an option for construction staging to those who undertake large renovation projects in the Town, while also allowing for PEC review to ensure the community is not negatively impacted. c:\peclso ne nalp\zon ecode.309 3 s ORDINANCE NO. 4 Series of 1992 AN ORDINANCE REPEALING AND REENACTING CHAPTER 18.34 OF THE VAIL MUNICIPAL CODE, ADDING CONSTRUCTION STAGING SITES AS A CONDITIONAL USE. WHEREAS, the Town has the need to provide for the temporary storage of construction materials, heavy construction equipment, vehicles and construction trailers to facilitate large construction projects. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.34 of the Vail Municipal Code be repealed and reenacted to read as follows: 18.34.010 -Purpose The parking district is intended to provide sites for private or public unstructured off-street vehicle parking an conditionally to provide for private or public off-street vehicle parking structures and private or public parks and recreational facilities. The parking district is intended to allow such iase~ while ensuring adequate light, air, privacy and open space for each valid use in adjacent areas. (Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.100.) 18.34.020 -Permitted Uses The following uses shall be permitted in the P district: Private or public unstructured off-street vehicle parking. (Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.200.) 18.34.030 -Conditional Uses The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Private or public off-street vehicle parking structures; B. Private or public parks and recreational facilities:;; C. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure.- D. Major arcade.- 1 ~Cempar~~ nonstr~a~tlop sta~g~ng ~ite~.'~~r~: the purposes o~ this p~r~gra~h:;a fem rar tx~nstructfion sta it ":::site shall me~ra~ltoar~::~n~'ic~:<fo~`a:fem ::::rar . 1~..:::: ~ g..::::::::::::::::.:......::, :.::::::::......::.::::::.....::::::..::::::::::......:::::::::::::::1::.:::.Y... per~o o rn~, cc~nstr.:ir:, i:~an materials, heavy ~~nstr~.rotion ~qurpment, vehicles ane# t~rstr~~~r~ t'raif r~~ria '~st4red Y:.::::::::::::::::::::::::: (Ord. 6(1982) § 2a: Ord. 33(1981) § 1: Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.300.) 18.34.040 -Accessory Uses A. Minor arcade. (Ord. 6(1982) § 2b: Ord. 33(1981) § 1: Ord. 2(1976) § 3 (part): Ord. 8(1973) § 24.400.) Section 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of 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. Section 5 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are 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, theretofore repealed. 2 L INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1992. A public hearing shall be held hereon on the day of , 1992, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 TOWN COUNCIL AGENDA REQUEST Request form must be given to the Secretary to the Town Manager by 8:00 a.m. Thursdays. Date:3/9/92 Dept.: Com. Dev. Meeting Date:March 17. 1992 Work Session: X Evening Meeting: X ' Approximate length of time item will require: 30 Minutes Site Visit: 15 Minutes I. Item/Topic: Appeal of a February 19; 1992 DRB decision to deny a request to separate a proposed primary unit from an existing secondary unit on Lot G-1, Lionsridge Filing No. 1 /1410 Buffehr Creek Road. Applicant: Leroy Schmidt II. Action Requested of Council: Uphold/Overturn DRB decision denying request to separate units. III. Background Rationale: On February 19, 1992, the applicant requested permission to separate a proposed primary unit from an existina secondary unit. George Lamb made a motion to deny the request, Pat Herrington, seconded the motion and the DRB unanimously voted to deny the request, finding that there were no substantial site constraints, per Section 18.54.050(1) -Design Guidelines, Duplex and Primary/Secondary Development, which warranted the separation of the units. IV. Staff Recommendation: Uphold the DRB decision. -Employee Signature • Stephen Richards Architect ~ o 4 ' ° °0~ e a ~jlil~I~i~ D~A7~~lds ~ ~ P. O. Box 1114 .4th and Broadway • Eagle, Colorado 81631 • (303) 328-6287 G~~~ February 25, 1992 Town of Vail 75 S. Frontage Rd. West Vaii, C.'O 81657 APPEAL TO THE TOWN COUNCIL Project: Schmidt Residence Lot G-1, Lion's Ridge Filing 1 On February 19, 1992, the design review board denied our application to separate primary and secondary units. We have the current situation of a very steep site and an existing single family residence on a Primary/Secondary lot. We interpret the Ordinance 18.54.050 Section I to indicate that units may be separate if site constraints exist. The-DRB took the position that only garages may be separate from the units. We believe that if you read the ordinance you will agree with us. Please schedule the Schmidt project at the next available meeting. Sinc ely, ~ ~Z Stephen Richards for Leroy Schmidt DESIGN REVIEW sub-grade placements or other means that both screen the satellite dish antenna and do not appear unnatural on the site. 5. Satellite dish antennas on or attached to existing structures shall be permitted provided the satellite _ . dish antenna is architecturally integrated into the structure. Effective use of color shall be required to ensure compatibility between the satellite dish antenna and existing structure. The use of a mesh material shall be strongly encouraged when attempting to integrate a satellite dish antenna onto an existing structure. _ 6. Landscaping or other site improvements intended to screen a satellite dish antenna proposed on any . - application shall be completed prior to the issuance of a building permit to install a satellite dish antenna. A letter of credit equal to~ one hundred twenty-five percent of the costs of installing landscaping or site improvements may be submitted to the Town of Vail if seasonal weather conditions prohibit the installation of landscaping or site improvements. 7. All improvements required by the design review board for the purpose of reducing the visibility ~of satellite dish antennas shall remain in place so long - . as the satellite dish antennas remain in place unless . permission to alter or remove said improvements is obtained from the design review board. All satellite dish antennas and all improvements required by the - design review board to reduce the visibility of satellite dish antennas shall be adequately maintained and repaired and shall not be allowed to become dilapidated or fall into a state of disrepair. I. Duplex and primary/secondary development. I. The purpose of this section is to ensure that duplex and primary/ secondary development be designed in a manner that creates an architecturally integrated structure with unified site development.. Dwelling 454'-1 J (Vail 8-2-88) . C ZONING units and garages shall be designed within a single structure, except as set forth in 18.04.050 I,2 thereof, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substan- tially above grade. Unified architectural and land- scape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. The presence of significant site constraints may permit the physical separation of units and garages _ on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. Significant site constraints shall be defined as. natural features of a lot such as stands of mature trees,. natural drainages, stream courses . and other natural water features, rock outcroppings, wetlands, other natural features, and existing struc- tures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a_ . site has significant site constraints before. final design work on the project is presented. This determination shall be made at a conceptual review of the proposal . based on review of the site, a detailed survey 'of the lot (to include information as outlined in Section 18.54.040 C,1 a.) and a preliminary site plan of the proposed structure(s). The duplex and primary/ secondary development . may be designed to accommodate the development of dwelling units and garages in more than one structure if the design review board determines that ~ . significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined in Section 1.8.54.050 H,1. shall be required for the 454j-2 (Vail 8-2-88) L . • . DESIGN REVIEW s development. In addition, the design review board may require that one or more of the following • _ common design elements such as .-fences, • walls, patios, decks, retaining walls, walkways, landscape elements, or other azclutectural features be iacorpo- • . rated to create unified site development. . (Ord. 46(1991) 2, 3: Ord. 12(1988) § 2: Ord. 24(1985) § 1: Ond. • . 9(1985) 2, 3: Ord.39(1983) § 1.) 18.54.051 Park design guidelines. A. Purpose. These guidelines shall be used by the design review board in reviewing any proposals for the development of Town of Vail park land. The guidelines shall be used in conjunction with the general design review guidelines found in Section 18.54.050 of the Town of Vail Municipal Code. It • is the intent of these guidelines to leave as much design ' freedom as possible to the individual designer while at the _ same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many ` years. The guidelines will provide consistent design criteria to maintain the quality of Town of Vail parks through all • ~ phases of development. B. Building materials and design. 1. General. a. Natural materials are strongly encouraged in park construction. Materials and detailing must complement the park's environment as well as be functional and attractive. - - ~ ~ b. Materials and designs should be chosen that are economical to maintain. _ 2. Stone. • a. Natural rock should be used for arc~titectural features such as exposed building walls and small retaining walls. Sandy gray and brown colors are encouraged, as they blend in with the natural environment. Construction should minimize exposed 454j-Za (Vain-8-9I) March 13, 1992 WORK SESSION FOLLOW-UP Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1991, 05107 SALES TAX COLLECTION LARRY/STEVE: Research remedies to change this to Draft ordinance forwarded to Forest Service and VA for (request: GibsonlLapin) a mandatory TOV tax collection. review. Forest Service response unclear. Ron met with Larry Lichliter on 3!13/92. 09117 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Public Works will present analyzed data by spring of (request: Levine) Association would like to see a couple changes, '92. _ which might include some of the lighting by Montaneros, which is too bright, and placing it in front of Gallery Row in the Treetops Building. f 11119 NEWSPAPER VENDING LARRY: What can be done to make these uniform and Council asked Larry and Community Development to MACHINES locations less prolific? begin discussion with newspaper companies. 01!21 EVENING PARKING - ~ MIKE ROSEISTEVE B.: Evaluate financial Mike Rose has put together raw data which is being STRUCTURE FEES ramifications of eliminating parking structure fees analyzed by the Finance Department: To Council ~ (request: Lapin) after 6:00 p.m, each night. Further review summer 4/7/92. free parking, generating numbers to show revenue i and expenses if some nominal fee were to be charged. 01/21 BEAVER POND KRISTAN: Check with FEMA experts and Interfleuve One report has been received from Interfleuve. The REVITALIZATION to see what solution might be appropriate to Community Development Department is awaiting revitalize this pond (i.e., dredging or other means). receipt of two others. Report will be made to Council upon receipt. 02104 HERITAGE CABLEVISION CAROLINE: Prepare new letter of protest for Mayor's Will do. FRANCHISE NEGOTIATIONS signature. XC: Newspapers, Dillon, Minturn, etc. (request: Lapin) 02111 GLASS ORDINANCE IN ALL LARRY/KEN/STEVE FOSTER: Staff discussion and Draft ordinance sent to VRD for review. ATHLETIC PARK FACILITIES draft ordinance to be prepared. . WORK SESSION FOLLOW-UP March 13, 1992 Page 2 Of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 02111 HORSEDRAWN CARRIAGE KEN/LARRY: Prepare extension to agreement, Advisory Committee to help draft standards of AGREEMENT including possible provisions for hobbling, dragging operations and other criteria. Draft contract weights, and other options. to be presented to Council prior to signing. Back to Council by 3!31/92. Denver carnage operator in Vail on 3/16/92. This operator recommended by Denver Police Department. 02/17 EXTERIOR LIGHTING KRISTANIANDY: Draft ordinance. To DRB 3/18192. \ 03110 EMPLOYEE HOUSING ZONING KRISTANILARRY; In order to bring the TimberRidge Larry will present information by 4121192 DISTRICT issue to a head now, initiate a form of zoning to work session. (request: Lapin) encourage further/protect current employee housing. 03110 AFFORDABLE HOUSING KRISTANlLARRY: Draft ordinance. To Council for 4!14192 work session, followed by PROVISIONS ORDINANCE 4121192 evening meeting. 03110 LIONSHEAD SALES TAX FIGURES STEVE B.ISTEVE T.: Packy Walker, on behalf of the Will investigate. - (request: Osterfoss, Levine, LH Merchants Assn., is requesting an accounting of Gibson, Steinberg) sales tax taken from a square footage basis, standard number (such as Dow Jones) of businesses reporting, to offer a comparative analysis. 03110 WORK SESSION EVERYONE: 3/31 Work Session cancelled. All items CANCELLATION moved to 417192. i