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1994-04-12 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 12, 1994 1:00 PM. IN TOV COUNCIL CHAMBERS AGENDA 1. Continued Discussion Re: Town of Vail Mission/VisioNGoals. 2. Public Input and Discussion Re: Design of the Covered Bridge Project in Joint Session with the Design Review Board. 3. Staging of the Covered Bridge Building/License Agreement. 4. Discussion Re: Chapel Bridge Project. _ 5. Request for Proposals (RFP) for Vail Commons Development. 6. PEC Report. 7. DRB Report. 8. Information Update. 9. Council Reports. 10. Other. 11. Executive Session: Personnel Matters. 12. Adjournment. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES SUBJEGT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/19/94, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 4!19194, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/26/94, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. • • • • • • • C:WGENDA.WS 3~ ~ ~ rror~~~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 12, 1994 1:00 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 1:00 P.M. 1. Continued Discussion Re: Town of Vail Mission/Vision/Goals. Bob McLaurin 3:00 P.M. 2. Public input and discussion re: Design of the Covered Greg Hall Bridge project in joint session with the Design Review Board. Larry Grafel Consultants Action Requested of Council: Receive public input, discuss the project with the DRB, TOV's design consultants, and staff. Provide final direction on which way project shall proceed. Backaround Rationale: The DRB and staff agreed to investigate the integrity of the wood. Staff hired a wood expert to perform the work. The core samples indicate the wooden portions of the structure are sound. The DRB's unanimous recommendation was to clean the bridge up regarding abutments, utilities, and bank erosion, leaving the actual structure unchanged for historical purposes. This structure would then be placed on the new superstructure, designed by TOV's structural engineer. Council, during the DRB report regarding the Covered Bridge, instructed staff to look at ways of enhancing the structure. This included adding features which would make it more Alpine. There has - been little public input into this issue, and, considering the historical reference point of the ,Gore Creek Pedestrian Bridge, staff feels this project requires further discussion. Staff Recommendation: Design project consistent with the DRB recommendations. 4:20 P.M. 3. Staging of the Covered Bridge Building /License Agreement Tom Moorhead Mike Mollica Action Reauested of Council: Review Licensing Agreement which Greg Hall provides for developer staging the construction off of TOV pocket park and, in consideration, permitting TOV to use• crane for renovation of Covered Bridge. Background Rationale: The pocket park appears to be the only available area from which to stage construction. Staff Recommendation: Approve Agreement. 5:20 P.M. 4. Discussion re: Chapel Bridge project. Larry Grafel Action Reauested of Council: Receive approval to proceed with Contract award. Backaround Rationale: PW has completed design of bridge and has received bids from four contractors. All bids were over the engineer estimate. We will negotiate on as many quantity/item differences to reduce bid amounts. We can do project if we take some money from another Capital Project. Staff Recommendation: That we take money difference from 1 another Capital Project and proceed with award of Contract. 5:35 P.M. 4. Request for Proposals (RFP), Vail Commons Development. Mike Mollica Kristan Pritz Action Requested of Council: Review the draft RFPs included in your packet. Provide comments and feedback to staff as necessary. Backaround Rationale: Staff is proposing the RFP be issued on April 15, 1994, with an RFP submittal deadline of May 16, 1994. 6:35 P.M. 5. PEC Report. Kristan Pritz 6:55 P.M. 6. DRB Report. Jim Curnutte 7:15 P.M. 7. Information Update. 8. Council Reports. 9. Other. 10. Executive Session: Personnel Matters. 11. Adjournment. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/19/94, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 4/19/94, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/26/94, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. • • • • • • • C:~AGENDA.WSE 2 ,p ~ ~ Urt,U, ~~,e~ur~ l4 ~ y ~ t TOWN OF VAIL ~ 7S Soutb Frontage Road Pam Brandmeyer Vail, Colorado 81657 303-479-2113/FAX 303-479-2157 4/4 PeggY~ The remaining workshops (NAIL IMPROVEMENT PROCESS) are as follows: Monday, 5/09 Public Works Fundamentals Tuesday, 5/10 Public Works DIP Wednesday, 5/11 Public Works DIP Thursday, 5/12 Public Works DIP Friday, 5/13 Public Works DIP Monday, 5/16 Police Fundamentals Tuesday, 5/17 Effective Presentation Techniques Wednesday, 5/18 Library DIP Thursday, 5/19 Police DIP Friday, 5/20 Police DIP It is my understanding the follow_ing_Council_member_s have attended NO DIP sessions: Jan Strauch, Paul ~Johns-ton-,,-Merv L-apn- and"Jim= Shearer:~~~y Thanks for your help! pab u~u~ ~ ` ~y TOWN OF vA1L ~ _ 7S Soutb Frontage Road Pam Brandmryer Vail, Colorado 81657 ~ 303-479-2113/FAX 303-479-2157 y 4/4 PeggY~ The remaining workshops (NAIL IMPROVEMENT PROCESS) are as follows: Monday, 5/09 Public Works Fundamentals Tuesday, 5/10 Public Works DIP Wednesday, 5/11 Public Works DIP Thursday, 5/12 Public Works DIP Friday, 5/13 Public Works DIP Monday, 5/16 Police Fundamentals Tuesday, 5/17 Effective Presentation Techniques' Wednesday, 5/18 Library DIP Thursday, 5/19 Police DIP Friday, 5/20 Police DIP i It is my understanding the following Councilmembers have attended NO DIP sessions: Jan ;Strauch,NPaul.. Johnston, Merv: Lapin, and aim Shearer. I Thanks for your help! I pab a ..I MEMORANDUM TO: Vai{ Town Council FR: Bob McLaurin, Town Manager DA: March .3Q, 1994 RE: Town of Vail MissionNision/Goals _ Please find the attached copy of TOV's MissionNision/Goals for 1994. The Mission and Vision documents have been revised to incorporate Council's latest suggestions. As I indicated to you last week, the Goals and Objectives document has been revised in order to simplify the goals and to separate the task specific items. It is my understanding that the purpose of the Work Session is for Council to prioritize them in some manner. There are two ways for you to proceed on this matter. The first assumes some goals are more important than others. With this format, Council would need to prioritize all the goals. You would then need to prioritize the objectives within each goal area as well. The second approach assumes all the goals are of equal importance. In other words, housing is as important as transportation and infrastructure, etc. With this approach, Council would need only to prioritize the objectives within each goal area. It is my recommendation you use this approach. When Council has finished prioritizing the goals, we will put them into a resolution so they can be formally adopted and become official policy. The work plan is still in the draft form and will be completed when Council finishes its work on the goals and objectives. When all the departments have completed their Departmental Improvement Process workshops, we intend to incorporate the various department "action plans" into this document as well. C:\GOALPRIR.MEM TOWN OF VAIL MISSION STATEMENT March 31, 1993 IT IS THE MISSION OF THE TOWN OF VAIL TO PROVIDE: * EFFECTIVE AND EFFICIENT MUNICIPAL SERVICES * AN ENVIRONMENTALLY SENSITIVE HIGH QUALITY OF LIFE * POSITIVE, SUSTAINED ECONOMIC CLIMATE * RESPONSIBLE COMMUNITY LEADERSHIP TOWN OF VAIL, COLORADO VISION STATEMENT March 31, 1993 TO BE THE PREMIER MOUNTAIN COMMUNITY AND INTERNATIONAL RESORT. a,' TOWN OF VAIL, COLORADO STATEMENT OF GOALS 8~ OBJECTIVES 1994 TRANSPORTATION Provide for the safe and efficient movement of people and goods within the Town of Vail, the area served by the regional transportation system, and the Denver/Glenwood corridor through amulti-model system. A. Promote the greater use of public transit throughout the Town of Vail and the regional transportation system. B. Provide and maintain a safe and efficient street system. Minimize congestion at the Main Vail and West Vail intersections. C. Provide for the safe movement of pedestrians and bicyclists throughout the Town of Vail and the Upper Eagle Valley. D. Provide for the efficient delivery and distribution of goods into the Vail Village and Lionshead. E. Provide value-priced parking for visitors, employees, and residents. F. Cooperate with other govemmental agencies to promote the viability of the Eagle Airport. G. Investigate combined transportation services for school children within the RE50J School District. H. Identify lands necessary to meet future transportation needs. INTERGOVERNMENTAL RELATIONS Pursue a Valley wide approach with other governmental agencies and the private sector to provide services to solve common problems, to avoid duplication, and to improve the value delivered for tax dollars expended. A. Identify existing shared services and explore additional opportunities for the shared services. B. Explore the political and economic feasibility of consolidation with other town and/or special districts. C. Explore opportunities for joint purchasing with other govemmental agencies. D. Est?bli~h 2 public private partnership for the continuation of a valley-wide marketing effort. 1 TOY Sntmet d Gml: ud Objemra/1994 E. Work with other govemmental entities and the private sector to enhance the efficiency of the regional transportation system. F. Work with the Recreation Authority to complete the site planning, including a residential component, and secure the necessary approvals for the Beny Creek 5th site. G. Implement the Land Ownership Adjustment Plan. H. Investigate the potential of a private land trust to preserve open lands.. Encourage and cooperate with other govemmental agencies to preserve and protect open space outside the Town of Vail. J. Establish quarterly meetings with other govemmental entities in the Vail Valley to discuss matters of mutual concern. Encourage interagency staff cooperation. K. Review opportunities for further annexation to the Town of Vaif. HOUSING Facilitate construction and retention of local housing, which is affordable, and compatible, in order to maintain the economic and social viability of the Town of Vail. A. Work with Housing Authority to develop a 5 year Housing Plan. (Affordable Housing Study, Housing Authority Business Plan) B. Identify and acquire existing dwelling units to be converted to permanently deed restricted housing units. C. Analyze previously identified {and to be used for construction of new local housing units. * Vail Commons Old Town Shops * Lots adjacent to Managers House Upper Eagle Valley/Lionhead sites. D. Begin construction on TOV-owned parcels. E. Explore a mortgage pool financing mechanisms for affordable housing. F. Facilitate financing for those who voluntarily deed restrict properties. G. Encourage through zoning improvements/changes/modifications our ability to stabilize the local population, thereby increasing voter base. H. Work to stop the conversion of local housing into tourist properties. 2 i0Y sntw.l d Omit ~~d Objetva/W91 PLANNING, GROWTH, AND DEVELOPMENT ISSUES Strive to maintain the unique alpine character of the Vail community. Maintain a balance between resort development and environmental and quality of life considerations. A. Maintain a land use pattern that provides a balance of land uses and recognizes the capabilities and limitations of natural and man-made features. B. Allow sustainable growth and change which can be served within the capacities of existing and planned infrastructure. C. Protect and enhance the quality of life in the community through the preservation of open lands within the Town of Vail. D. Implement the Vail Commons (West Vail/Safeway) site plan. E. Identify parcels necessary to meet future local housing needs. F. Implement the Cemetery Plan. G. Conduct proactive, long range planning activities. I. Provide efficient development review and current planning activities. J. Provide opportunities for local, viable, convenient shopping within the Town of Vail. INFRASTRUCTURE Provide for maintenance of existing and future Town infrastructure. A. Plan, prioritize, and fund additional infrastructure necessary to maintain and enhance the quality of life in the community. ECONOMIC DEVELOPMENT Work to promote a positive, year round economic environment. A. Maintain and encourage the retention of the short term bed base. in the Vail Village and Lionshead. B. With the retail community, develop strategies to enhance Vail's economy. C. Work with the Vail Recreation District, the Vail Valley Marketing Board, the Vail Valley Foundation, and others to conduct special events that will enhance the local economy. D. Create unique, commercial, innovative, and upscale economic opportunities for local businesses. E. Work to develop a year round economy. 3 TOY Snts~t d Gols ud 06j,a.eAW1 ENVIRONMENT Strive to be a world leader in providing a safe, pollution free environment. Strive to maintain a high quality of life for Vail residents and guests while protecting the Town's natural resources. A. Implement the Environmental Strategic Plan that will identify along-term environmental work plan for the town and will promote sustainable economic development. B. Increase annual conversion of noncompliant wood burning units by 10% through incentives and educational programs. C. Complete the Vail Water Quality Study. D. Promote responsible waste management that encourage individuals and businesses to reduce, reuse, and recycle. E. Help ensure adequate progress on the Eagle Mine clean up process. F. Increase the greening of the Goy Valley by planting trees, shrubs and flowers with a special emphasis on the I-70 corridor. G. Participate in and support the Eagle River Corridor Study. H. Maintain and enhance the aquatic habitat, riparian environment, and water quality of Gore Creek. Maintain minimum stream flow in Gore Creek. ORGANIZATIONAL EFFECTIVENESS Maintain a high performing, highly efficient, customer driven organization. A. Improve internal communications within the Town of Vail organization. B. Improve external communications. C. Integrate the principals of continuous improvement in the operations of the Town of Vail. D. Become a customer driven organization. Be sensitive to our customer's, both internal and external needs, and concerns. E. Provide municipal services in as efficient and effective manner as possible. F. Analyze the result of the 1993 Resident Survey and implement changes needed to improve the service delivery. 4 ror sr,~.~ ~cmi~ va ab~e.~,pvrl FINANCIAL PERFORMANCE Maintain the financial viability of the Town. A. Maintain stability of the town's revenue streams. B. Analyze the potential impacts of Amendment 1 on the Town. C. Analyze the effectiveness of performance based budgeting. D. Develop policies regarding fund balance levels, and debt management. E. Evaluate opportunities for privatization of municipal services. F. Explore the economic and politically feasibility of TOV control of local utilities (water, sanitation, electricity, and cable tv). HUMAN SERVICES Provide services and support activities that enhance quality of life in the Town of Vail. A. Provide opportunities for life long learning, and research through the Vail Public Library. B. Investigate the feasibility of a private public partnership to construct a performing arts center. D. Work with the VRD to ensure continued recreational services for the Town's residents. E. Explore strategies for enhancing day care alternatives within the Town. - F. Cooperate with other educational agencies to support a variety of educational opportunities. (e.g. Colorado Mtn. College, Vail Mountain School, RE50J, Ski Club Vail). . . 5 TOY format d Gmlt ud onNm.~991 i i i ' INTERGOVENMENTAL RELATIONS Goal: Pursue a valley wide approach with other governmental agencies and the private sector to provide services to solve common problems, to avoid duplication and to improve the value delivered for tax dollars expended. Objectives A. Explore the political and economic feasibility of consolidation with other town and/or special districts. ACTION STEPS RESPONSIBILITY TIME FUNDING B. Work with other governmental entities and the private sector to enhance the efficiency of the regional transportation system. ACTION STEPS RESPONSIBILITY, TIME FUNDING C. Encourage and cooperate with other governmental agencies to preserve and protect open space outside the Town of Yail. ACTION STEPS RESPONSIBILITY TIME FUNDING Implement the Land Ownership Adjustment Plan. Investigate the potential of a private land trust to preserve open lands.. A. Identify existing shared services and explore additional opportunities for the shared services. Explore opportunities for joint purchasing with other governmental agencies. D. Establish a public private partnership for the continuation of a valley-wide marketing effort. F. Work with the Recreation Authority to complete the site planning, including a residential component, and secure the necessary approvals for the Berry Creek 5th site. Establish quarterly meetings with other governmental entities in the Vail Valley to discuss matters of mutual concern. Encourage interagency staff cooperation. K. Review opportunities for further annexation to the Town of Vail. HUMAN SERVICES Goal: Provide services and support activities that enhance quality of life in the Town of Vail. Objectives A. Provide opportunities for life long learning, and research through the Vail Public Library. Action Steos Responsibility Time Funding Develop and maintain state-of-the art library services to residents and guests. Annie Fox On going B. Investigate the feasibility of a private public partnership to construct a performing arts center. Action Steos Responsibility Time Funding C. Work with the VRD to ensure continued recreational services for the Town's residents. Action Steps Responsibility Time Fundinq D. Explore strategies for enhancing day care alternatives within the Town. Action Steps Responsibility Time Funding ~ E. Cooperate with other educational agencies to support a variety of educational opportunities. (e.g. Colorado Mtn. College, Vail Mountain School, RESOJ, Ski Club Vail). . Action Steps Resoonsibility Time Funding FINANCIAL PERFORMANCE Goal: Maintain the financial viability of the Town. Objectives A. Maintain stability of the town's revenue streams. Action Steos Resaonsibility Time Fundinq Monitor revenues on a monthly basis S. Thompson, McLaurin On going NA " Explore additional revenue sources S. Thompson, McLaurin On going NA Monitor and control expenditures McLaurin, S. Thompson On going NA B. Analyze the potential impacts of Amendment 1 on the Town. Action Steos Responsibility Time Fundinq " Review pending and settled litigation Moorhead, S. Thompson On going NA Calculate fiscal year spending S Thompson, McLaurin 7/94 NA C. Implement performance based budget Action Steus Responsibility Time Funding ` Convert line item budget to program based budget S. Thompson, McL, Dept Heads 9/94 * Develop cost accounting system S. Thompson 12/94 $25,000 D. Develop palicies regarding fund balance levels, and debt management. Action Steps Responsibility Time Fundinq Draft policies S. Thompson 09/94 NA ' Review & approve policies Town Council 11/94 NA E. Evaluate opportunities for privatization of mynicipal services. Action Steps Responsibility Time Fundinq Conduct a study analyzing privatization opportunities S. Thompson 09/94_ NA F. Explore the economic and politically feasibility of TOV control of local utilities (water, sanitation, electricity, and Cable TV). Action Steps Responsibility Time Funding Meet with utilities to discuss potential consolidation McLaurin, Moorhead 10/94. NA f 1 ' . HOUSING Goal FACILITATE THE CONSTRUCTION AND RETENTION OF LOCAL HOUSING, WHICH IS AFFORDABLE, AND COMPATIBLE IN ORDER TO MAINTAIN THE SOCIAL AND ECONOMIC AND VIABILITY OF THE TOWN OF VAIL. Objectives A. Identify and acquire existing dwelling units to be converted to permanently deed restricted housing units. Action Steps Responsibility Time Fundinq Determine type and number of units to be acquired Town Council/Housing Authority NA "Identify units to be purchased Housing Authority/Council NA * Acquire Units McLaurin, Moorhead, Thompson 12/94 B. Analyzo previously identified land to be used for construction of new local housing units. Action Steels Responsibility Time Fundinq Prepare site plan for Vail Commons K. Pritiz, Consultant ' Develop concept plan for old Town Shop site L. Grafel, K. Pritz, McL, Consultant Review site plan for lots adjacent to Manager's House Town Council/PEC 05/94 NA 'Amend zoning ordinance to allow development PEC, Town Counci{ 10/94 NA C. .Begin construction on TOV-owned parcels. Action Steps Responsibility Time Fundinq Prepare construction plans for units for lots adjacent to Managers House Com Dev, Consultant 12/g4 " Construct four dwelling units on lots adjacent to Managers House Construction Manager 12/95 D. Explore a mortgage pool financing mechanisms for affordable housing. Action Steps Responsibility Time Fundinq Meet with local financiers & Housing Authority to McLaurin, K. Pritz, T. Moorhead 06/94 NA determine legal issues and feasibility of mortgage pools S. Thompson Prepare feasibility study for mortgage pool program. K. Pritz, S. Thompson, T. Moorhead 10/94 Draft Ordinance T. Moorhead, Housing Authority 12/94 NA Adopt Program ~ Town Council 02/95 ~ ' ~ ' E. Facilitate financing for those who voluntarily deed restrict properties. Action Stens Res~onsibilitY Time Funding ' Develop program for Council consideration which would McLaurin, K. Pritz, S. Thompson 09/94 Unfunded compensate those willing to deed restrict dwelling units F. Encourage through zoning improvements/changes/modifications our ability to stabilize the local population, thereby increasing voter base. Action Steas ~ Resnonsibilitq Time Fundinq ' Amend zoning ordinance to all a °I° of common area to~be used for EHU K. Pritz 08/94 NA Multi family bui{d{ngs G. Work to stop the conversion of local housing into short term rental properties. Action Steps Responsibility Time Fundinq ' Purchase units (see Goal A) McL, T. Moorhead, Town Council NA ' investigate possibi{ity of "Homestead Act" concept K. Pritz, T. Moorhead ORGANIZATIONAL EFFECTIVENESS Goal: Maintain a high performing, highly efficient, customer driven organization. Objectives A. Improve internal communications within the Town of Vail organization. Action Steos Resoonsibility Time Funding * Prepare a Master Plan for TOV communications (computers, voice) McLaurin, S. Thompson, W. Uphold 09/94 NA * Implement an Electronic Maii throughout the TOV organization. W. Uphold 05/94 $3,000 * Implement a voice mail system on the town phone system. McLaurin, Thompson, Uphold 12/94 $40,000 B. Improve external communications. Action Steams Resoonsibility Time Funding * Identify and deliver requirements of the media for increased - All employees, Town Council On going NA coverage of TOV issues (accessibility, deadline, honesty, etc). * Identify and understand town impacts of neighborhoods, businesses and other customers for creation of targeted communication. McL, PAB, Suzanne, Dept Heads On going NA C. Integrate the principa{s of continuous improvement in the operations of the Town of Vail. Action Steos Resoonsibility Time Funding ' Train TOV personnel in the fundamentals of TQM(DIP) All employees 05/94 $60,000 * Articulate the TOV's Organizational Values and Principals. McLaurin, ECC 10/94 NA D. @e a customer driven organization. Be sensitive to our customer's, both internal and external needs. Action Stens Resoonsibility, Time Funding ' Refine tracking system to monitor customer complaints. McLaurin, PAB, Suzanne E. Provide municipal services in as efficient and effective manner as possible. ACTION STEPS RESPONSIBILITY TIME FUNDING ' Implement cost accounting for major municipal services. S. Thompson, McLaurin 12/94 $25,000 ' Implement performance based budgeting system. McLaurin, S. Thompson ' Analyze 1993 Resident Survey/ revise 94 survey as needed McLaurin, PAB, Suzanne ' Revise Performance Appraisal System Action Team, McL, Moorhead 06/94 NA S. Thompson t TRANSPORTATION Goal: Provide for the safe and efficient movement of people and goods within the Town of Vail, the area served by the regional transportation system, and the DenverJGlenwood corridor through amulti-model system. ' Objectives A. Promote the greater use of public transit throughout the Town of Vaif and the regional transportation system. Performance Objectives a1. Improve the operational efficiency of the Town of Vail transit system. Action Stens ResnonsibilitK Time Fundinq ' Explore New TecFmologies (IVHS, PVS, etc) Larry Grafel On Going Unfunded ' Monitor operational efficiency of current system Larry Grafel On Going NA a2. Provide efficient & convenient transit for residents and workers. (Eagle, Leadville). Action Steos Resdonsibility Time Fundinq ' Participate in and support the regional transportation system Town Council, McL, Grafel, M. Rose On Going a3. Promote efficient and convenient transportation between the Eagle Airport and Vail. Action Steos ResuonsibilitK Time Fundinq ' Cooperate with other local agencies & the private sector Town Council On going as appropriate ' a4. Promote a mass transit system from DIA to Glenwood Springs. Action Steos Resaonsibility Time Fundinq ' Lobby State & Federal Officials for studies & funding Bob McLaurin On Going NA ' Work with CAST on Lobbying efforts Town Council . On Going NA ` . ~ ~ B. Provide for and maintain a safe and efficient street system. Minimize congestion at the Main Vail and West Vail intersections. b1. Construct Improvements at Main Vaii and West Vail Interchanges Action Steas Resdonsibility Time Fundinq ' Construct Roundabout at Main Vail McLaurin, Grafel, Hall 12194 $875,000 ' Prepare Design for West Vail improvements L. Grafel, G. Hall 12/94 b2. Construct the Simba Run Underpass. Action Steams Resdonsibility Time . Fundinq 'Receive CDOT approval McLaurin, Grafel 1996 Unfunded ' Prepared Underpass Design L. Grafel, G. Half 1996 Unfunded ' Construct Improvements McL, Grafel, Hall 1997(?) Unfunded ($765k) b3. Review the effectiveness of the 93-94 Winter Traffic Management Plan. Action Steas Resnonsibility Time Fundinq ` Analyze effectiveness of 93-94 Plan McLaurin, Grafel, Hughey ~ 10/94 NA ' Prepare Operations Plan for 94-95 McLaurin, Grafel, Hughey 11/94 NA C. Provide for the safe movement of pedestrians anal bicyclists throughout the Town of Vail and the Upper Eagle Valley. Performance Objectives c1. Complete the bike and walking trail system as identified in the Comprehensive Open Lands Plan and the Recreational Trails Plan. Action Stens Resnonsibility Time Fundinq ' Construct Phase t of Dowd Junction path L. Grafel, G. Hall 12/94 $875K(TOV share) * Construct Phase of Dowd Junction path L. Grafel, G. Hall 12/95 $750K(unfunded) ' Develop Project list/priorities Council, Hall, Pritz 09/94 NA c2. Begin Implementing the recommendations in the Village Streetscape Plan. Action Stens Resdonsibility, Time Fundinq ' Design & construct improvements at the Library chute L. Grafel, G. Hall 10/94 $70K ' Design & construct Vail Valley Dr Ped Connections L. Grafel, K. Pritz $308K ' Design & construct Vail Rd - VV Dr improvements L. Grafel, K. Pritz $3400K ' Construct Vaii Rd sidewalk L. Grafel, G. Hall $45K ' Design & construct improvements on W. Meadow Dr. as identified L. Grafel, K. Pritz $648K on page 55 of the Vail Village Streetscape Pfan . ~ r 'Design & construct improvements to Village Core as identified L. Grafel, K. Pritz $180K (unfunded) on page 71 of the Vait Village Streetscape Plan (Siebert Circle) ' Design & construct improvements to the East Village L. Grafel, K. Pritz area as identified on page 86 of the Village Streetscape Plan 'Construct East Lionshead Circle L. Grafel, K. Pritz $531 K (unfunded) ' Plan, design & Construct improvements W. Vail Commercial area ' Design & construct improvements on E. Meadow as identified L. Grafel, K. Pritz 12/94 $60K on page 35 of Village Streetscape Plan . c3. Explore the feasibility of expanding pedestrian areas. Action Steus Resuonsibiiity Time Fundinq Identify areas to expand K. Pritz, L. Grafel 12!94 NA D. Provide for the efficient delivery and distribution of goods into the Vail Village and Lionshead. Performance Objectives dt. Improve lots 3P& J. Action Stens Resuonsibility Time Fundinq Prepare design for lots 3P & J McLaurin, L. Grafel 12!94 Identify funding sources _ McLaurin, L. Grafel 12/94 Construct Improvements L. Grafel 12/95 1000K (unfunded) d2 Pursue plan for the International parcel. Action Stetis Responsibility Time Fundinq Prepare concept plan for International parcel Grafel, McL, B. Kane 06!94 Obtain agreement from affected parties Moorhead, McLaurin 12/94 NA Prepare design/operating plan McLaurin, Grafel 3/95 Construct improvements Grafel 12/96 $3500K (unfunded) E. Provide value-~~riced parking for visitors, employees, and residents. ei. Identify Transportation System Management Techniques to reduce parking demands Action Stens €tesoonsibilitX Time Fundinq ' Identify specific techniques to reduce demand L. Grafel, M. Rose On going NA r.~ ~ • e2. Identify areas fur additional public parking. Action Steps Resdonsibility Time Funding * Identity areas for additional public parking McL, K. Pritz, L. Grafel 10/94 NA e3. Review and improve skier drop off access. Action Steps Resdonsibility Time Funding * Review existing skier drop off access L. Grafel, K. Pritz 10/94 NA * Identify areas for new skier drop off access L. Grafel, K. Pritz 10/94 NA 1=. Cooperate with other governmental agencies to promote the viability of the Eagle Airport. Action Steps Responsibility Time Fundinq * As needed ~ Town Council, McLaurin On Going ~ $40K G. Investigate combined transportation services for school children within the RE50J School District. Action Steps Resdonsibility Time Funding * Meet with RE50J officials to determine feasibility McLaurin 06/94 NA H. Identify lands necessary to meet future transportation needs. Action Steps Responsibility, Time Fundinq * Survey & identify lands necessary and suitable to meet McL, Pritz, Grafel, Hall, Rose 05/94 NA future transportation needs INFRASTRUCTURE Goal: Provide for m~~intenance of existing and future Town infrastructure. Objectives A. Plan, prioritize and fund additional infrastructure necessary to maintain and enhance the quality of life in the community. Action Steos ResDOnsibility Time Funding ' Rebuild Chapel Bridge L. Grafel, G. Hall 10/94 $470K ' Rebuild Pullis Bridge L. Grafel, G. Hall 10/95 $335K ' Complete renovation of Public Works Shop L. Grafel 11/94(1) $1600K i Rebuild Hansen Ranch Road L. Grafel, G. Hall unfunded Rebuild Covered Bridge L. Grafel, G. Hall 10/94 $155K ' Repave bridge street - G. Hall 10/94 $70K ' Big Horn Overlay G. Hall 07/94 $75K ' Matterhorn, W. Gore Ck, Shasta, Alta Circle overlay G. Hall 10/94 $540K ' Vail Road Overlay (w/ Chapel Bridge/Roundabout) G. Hall 11 /94 $67K ' Bald Mountain Underpass G. Hall 06/94 $76K " Recreation Path Maintenance Todd O. 11/94 $76K ' Pave Charter Bus Lot @ Lionshead A. Anderson 11/94 $85K ' Street Light Program Leo V. 12/94 $51 K ' Bus Shelter Replacement John G, Jody 12/94 $51 K ' Ted Kindel Park - Todd O. 09/94 $105K " Complete Gore Creek Promenade Todd O. 05/94 $125K ' Amphitheater/Soccer Field Stairway Todd O. 08/94 $32K d' r~ ENVIRONMENTAL ISSUES Goal: ' Strive to be a world leader in providing a safe, pollution free environment. Strive to maintain a high quality of fife for Vail residents and guests while protecting the Town's natural resources. Objectives A. Implement the Environmental Strategic Plan that will identify along-term environmental work plan for the town and will promote sustainable economic development. Action Steps Responsibility Time Funding * Complete Plan Draft R. Forest, K. Pritz 05!94 $3,000 " Adopt Plan Town Council 10/94 ~ NA * Implement plan recommendations 1994 - 98 B. Increase annual conversion of noncompliant wood burning units by 10% through incentives and educational programs. Action Steps Responsibility Time Funding ' Continue summer change out program R. Forest, Public Service, Retailer 10/94 $1,000 ' Complete air quality monitoring R. Forrest, NWCOG .12/94 $2,500 C. Complete the Vail Water Quality Study. Action Steers Responsibility Time Fundinq * Complete drainage basin mapping R. Forrest, NWCOG 12/94 Unfunded D. Promote responsible waste management that encourage individuals and businesses to reduce, reuse, and recycle. Action Steps Responsibility Time Fundinq ' Implement a TOV office waste management policy McLaurin, P. Reeves 7/94 $500 E. Help ensure adequate progress on the Eagle Mine clean up process. - Action Steps Responsibility Time Fundinq ' Attend EREBA meetings R. Forrest On Going NA ' Work with EPA & CDOH R. Forrest On Going NA F. Increase the greening of the Gore Valley by planting trees, scrubs and flowers with a special emphasis on the I-70 corridor. r~ ~ ~ Action Steels Responsibility Time Fundinq * Identify areas to be landscaped. L. Grafel, T. Oppenhemier 05/94 NA * Prepare landscape plans. T. Oppenhemier 06/94 NA * Support Trees for Vail. Town Council G. Participate in and support the Eagle River Corridor Study. Action Steels Responsibility Time Fundinq - H. Maintain and enhance the aquatic habitat, riparian environment, and water quality of Gore Creek. Maintain minimum stream slow in Gore Creek. Action Steels Responsibility Time Fundinq * Complete drainage basin mapping R. Forrest, NWCOG 12/94 Unfunded * Acquire riparian lands (through implementation of Open lands Plan) Land negotiator, McL, Moorhead t •3 PLANNING, GROWTH, AND DEVELOPMENT Goai: Strive to maintain the unique alpine character of the Vail community. Maintain a balance between resort development and environmental and quality of life considerations. Objectives A. Maintain a land use pattern that provides a balance of land uses and recognizes the capabilities and limitations of natural and man-made features. Action Steels Responsibility Time Fundinq ' Update Land Use Plan K. Pritz 1994/95 $180,000 B. Allow sustainable growth and change which can be served within the capacities of existing and planned infrastructure. Action $teds Responsibility Time Fundinq "Update Land Use Plan K. Pritz 1994/95, $180,000 C. Protect and enhance the quality of life in the community through the preservation of open lands within the Town of Vail. Performance Objectives c1. ,Implement the Comprehensive Open Lands Plan Action Steps Responsibility Time Fundinq ' Hire land negotiator McLaurin, Moorhead, R. Forrest 06/94 $1200K (RETT) c2. Implement the Land Ownership Adjustment Plan. Action Steps Responsibility Time Fundinq 'Hire land negoti~itor McLaurin, Moorhead, R. Forrest 06/94 c3. Ensure that properties acquired with RETT funds are permanently restricted to open space. Action Steps Responsibility Time Fundinq ' Determine appropriate action T. Moorhead NA p c4 Implement the Vail Commons (West VaiUSafeway) site plan. , Action Stews Resuonsibititx Time Fundinq " Draft RPF M. Mollica, K. Pritz 03/94 $100,000 ' Review & approve RFP VC Task Force/Council 04/94 NA 'Select consultant Town Council 0594 NA 'Prepare plan and project design. Consultant/Com Dev 06/94 - 12/94 NA * Obtain necessary project approvals. Com Dev, McL, Moorhead 01/95 - 3/95 NA F. Implement the Cemetery Plan. Action Stews Resaonsibilit~ Time Fundinq _ 'Determine funding approach to cemetery construction. Town Council, McL, S. Thompson 09/94 NA ' Construct Cemetery Improvements. McLaurin, P. Works, Com Dev Unfunded G. Conduct proactive, long range planning activities. Action Stews Reswonsibilit~ Time Fundinq * Prepare strategic plan with Vail Associates. Town Council, McLaurin, Grafel NA ' Update the Town of Vail Land Use Plan. K. Pritz, Com Dev 1995 $180,000 ' Proceed with the plan for and redevelopment of Lionshead. K. Pritz, Com Dev 1996 $80,000 I. Provide efficient development review and current planning activities. Action Stews ReswonsibilitV Time Fundinq Review Special Development District (SDD) regulations. K. Pritz, Town Council 1995 ' Complete the Vail Commons Master Plan Consultant, K. Pritz 1994-95 $160,000 ' Review and modify (if necessary) Design Review Board guidelines. K. Pritz, DRB, Council 1995 $60,000 J. Provide opportunities for local, viable, convenient shopping within the Town of Vail. Action Steps Reswonsibility Time_ Fundinq ' Allocate retail space in Vail Commons Project Consultant, Town Council 1994 NA 'Conduct economic analysis as part of VC plan Consultant, Com Dev" 1994 $100K /~z/9~ TOWN OF VAIL, COLORADO . STATEMENT OF GOALS & OBJECTIVES 1994 TRANSPORTATION Provide for the safe and efficient movement of people and goods within the Town of Vail, the area served by the regional transportation system, and the Denver/Glenwood corridor through amulti-model system. (1)B. Provide and maintain a safe and efficient street system. Minimize congestion at the Main Vail and West Vail intersections. (14 points) (2)A. Promote the greater use of public transit throughout the Town of Vail and the regional transportation system. (16 points) (3)D. Provide for the efficient delivery and distribution of goods into the Vail Village and Lionshead. (21 points) (4)C. Provide for the safe movement of pedestrians and bicyclists throughout the Town of Vai! and the Upper Eagle Valley. (24 points) (5)E. Provide value-priced parking for visitors, employees, and residents. (36 points) (6)F. Cooperate with other governmental agencies to promote the viability of the Eagle Airport. (46 points) (7)H. Identify lands necessary to meet future transportation needs. (47 points) (8)G. Investigate combined transportation services for school children within the RE50J School District. (48 points) INTERGOVERNMENTAL RELATIONS Pursue a Valley wide approach with other governmental agencies and the private sector to provide services to solve common problems, to avoid duplication, and to improve the value delivered for tax dollars expended. (1)J. Establish quarterly meetings with other governmental entities in the Vail Valley to discuss matters of mutual concern. Encourage interagency staff cooperation. (24 points) (2)G. Implement the Land Ownership Adjustment Plan. (29 points) (3)E. Work with other governmental entities and the private sector to enhance the efficiency of the regional transportation system. (32 points) 1 TOV Statement of Goals and Objectives/1994 (4)A. Identify existing shared services and explore additional opportunities for the shared services. (40 points) (5)D. Establish a public private partnership for the continuation of a valley-wide marketing effort. (41 points) (6)H. Investigate the potential of a private land trust to preserve open lands. (41 points) (7)B. Explore the political and economic feasibility of consolidation with other town and/or special districts. (45 points) (8)F. Work with the Recreation Authority to complete the site planning, including a residential component, and secure the necessary approvals for the Berry Creek 5th site. (47 points) (9)C. Explore opportunities for joint purchasing with other governmental agencies. (48 points) (10)I. Encourage and cooperate with other governmental agencies to preserve and protect open space outside the Town of Vail. (52 points) (11)K. Review opportunities for further annexation to the Town of Vail. (63 points) HOUSING Facilitate construction and retention of local housing, which is affordable, and compatible, in order to maintain the economic and social viability of the Town of Vail. (1)D. Begin construction on TOV-owned parcels. (15 points) (2)B. Identify and acquire existing dwelling units to be converted to permanently deed restricted housing units. (25 points) (3)E. Explore a mortgage pool financing mechanisms for affordable housing. (25 points) (4)C. Analyze previously identified land to be used for construction of new local housing units. (26 points) Vai! Commons * Old Town Shops * Lots adjacent to Managers House Upper Eagle Valley/Lionhead sites. (5)G. Encourage through zoning improvements/changes/modifications our ability to stabilize the local population, thereby increasing voter base. (34 points) (6)H. Work to stop the conversion of local housing into tourist properties. (37 points) (7)F. Facilitate financing for those who voluntarily deed restrict properties. (39 points) 2 TOV Statement of Goals and Objectives/1994 (8)A. Work with Housing Authority to develop a 5 year Housing Plan. (Affordable Housing Study, Housing Authority Business Plan) (51 points) PLANNING, GROWTH, AND DEVELOPMENT ISSUES Strive to maintain the unique alpine character of the Vail community. Maintain a balance between resort development and environmental and quality of life considerations. (1)D. Implement the Vail Commons (West Vail/Safeway) site plan. (17 points) (2)C. Protect and enhance the quality of life in the community through the preservation of open lands within the Town of Vail. (26 points) (3)B. Allow sustainable growth and change which can be served within the capacities of _ existing and planned infrastructure. (32 votes) (4)E. Identify parcels necessary to meet future local housing needs. (36 points) (5)A. Maintain a land use pattern that provides a balance of land uses and recognizes the capabilities and limitations of natural and man-made features. (37 points) (6)F. Implement the Cemetery Plan. (40 points) (7)G. Conduct proactive, long range planning activities. (40 points) (8)I. Provide efficient development review and current planning activities. (42 points) (9)J. Provide opportunities for local, viable, convenient shopping within the Town of Vail. (46 points) INFRASTRUCTURE Provide for maintenance of existing and future Town infrastructure. A. Plan, prioritize, and fund additional infrastructure necessary to maintain and enhance the quality of fife in the community. ECONOMIC DEVELOPMENT Work to promote a positive, year round economic environment. (1)A. Maintain and encourage the retention of the short term bed base in the Vail Village and Lionshead. (13 points) (2)C. Work with the Vail Recreation District, the Vail Valley Marketing Board, the Vail Valley Foundation, and others to conduct special events that will enhance the local economy. (17 points) 3 TOV Statement of Goals and Objectives/1994 (3)B. With the retail community, develop strategies to enhance Vail's economy. (20 points) (4)E. Work to develop a year round economy. (26 points) (5)D. Create unique, commercial, innovative, and upscale economic opportunities for local businesses. (27 points) ENVIRONMENT Strive to be a world leader in providing a safe, pollution free environment. Strive to maintain a high quality of life for Vail residents and guests while protecting the Town's natural resources. (1)A. Implement the Environmental Strategic Plan that will identify along-term environmental work plan for the town and will promote sustainable economic development. (20 points) (2)H. Maintain and enhance the aquatic habitat, riparian environment, and water quality of Gore Creek. Maintain minimum stream flow in Gore Creek. (22 points) (3)C. Complete the Vail Water Quality Study. (27 points) (4)F. Increase the greening of the Gore Valley by planting trees, shrubs and flowers with a special emphasis on the I-70 corridor. (27 points) (5)B. Increase annual conversion of noncompliant wood burning units by 10% through incentives and educational programs. (28 points) (6)D. Promote responsible waste management that encourage individuals and businesses to reduce, reuse, and recycle. (36 points) (7)G. Participate in and support the Eagle River Corridor Study. (40 points) (8)E. Help ensure adequate progress on the Eagle Mine clean up process. (46 points) ORGANIZATIONAL EFFECTIVENESS Maintain a high performing, highly efficient, customer driven organization. (1)C. Integrate the principals of continuous improvement in the operations of the Town of ' Vail. (17 points) . (2)D. Become a customer driven organization. Be sensitive to our customer's, both internal and external needs, and concerns. (20 points) (3)E. Provide municipal services in as efficient and effective manner as possible. (23 points) (4)F. Analyze the result of the 1993 Resident Survey and implement changes needed to improve the service delivery. (27 points) 4 TOV Statement of Goals and Objectives/1994 (5)A. Improve internal communications within the Town of Vail organization. (28 points) (6)B. Improve external communications. (32 points) FINANCIAL PERFORMANCE Maintain the financial viability of the Town. (1)C. Analyze the effectiveness of performance based budgeting. (11 points) (2)A. Maintain stability of the town's revenue streams. (13 points) (3)E. Evaluate opportunities for privatization of municipal services. (24 points) (4)D. Develop policies regarding fund balance levels, and debt management. (30 points) (5)B. Analyze the potential impacts of Amendment 1 on the Town. (33 points) (6)F. Explore the economic and politically feasibility of TOV control of focal utilities (water, sanitation, electricity, and cable tv). (36 points) HUMAN SERVICES Provide services and support activities that enhance quality of life in the Town of Vail. (1)D. Explore strategies for enhancing day care alternatives within the Town. (10 points) (2)B. Investigate the feasibility of a private public partnership to construct a performing arts center. (16 points) (3)A. Provide opportunities for life long learning, and research through the Vail Public Library. (25 points) (4)C. Work with the VRD to ensure continued recreational services for the Town's residents. (25 points) (5)E. Cooperate with other educational agencies to support a variety of educational opportunities. (e.g. Colorado Mtn. College, Vail Mountain School, RE50J, Ski Club Vail). (29 points) rJ' TOV Stalement of Goals and Objectivesl1994 ciPoA; f n LIMITED LICENSE AND EASEMENT AGREEMENT This LIMITED LICENSE AND EASEMENT AGREEMENT is made and .entered into this day of March, 1994, by and between the TOWN OF VAIL, COLORADO~a Colorado municipal corporation (the "Town") and Covered Bridge Building, Ltd., a Colorado Limited Partnership ("Developer"): WHEREAS, Developer desires to demolish and redevelop improvements on a parcel of real property in the Town of Vail more particularly described as Lot "c" and Lot ."d" and the southwesterly 4 feet of Lot "b", Block 5-B, Vail Village First Filing (the "Covered Bridge Property"), and, in association with such demolition and redevelopment, the Developer desires to use, and the Town requires improvements to certain land proposed for use by Developer, and the Developer is willing to expend significant sums in improvements to, certain real property owned by the Town and more particularly described in Exhibit A attached hereto and made a part hereof (the "Town Property"), and to provide Iimited~ assistance to the Town in association with removal of a structure known as the Covered Bridge, being a part of Bridge Street within the Town of Vail; and WHEREAS, the Town is willing to grant to Developer a limited license agreement to permit construction on the Town Property, to allow said improvements to remain on the Town Property for the period of time set forth herein, and is further willing to permit the use of certain other property owned by the Town of Vail as more fully set forth herein; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Grant of License for Construction Use. The Town grants to Developer a non-exclusive limited license for the use by Developer of the Town Property for the following uses: For construction storage, a staging area, maintenance of construction equipment, and construction of improvements upon the Town Property and the Covered Bridge Property, in accordance with the plans of the Developer as more fully set forth herein. 2. Grant of License and Easement for Utility Use. The Town grants to Developer a non-exclusive limited license and easement for the use by Developer of the Town Property for .the following uses: For the installation, maintenance and repair of underground utility lines and facilities (and such above-ground facilities as may be necessary in association with such underground utility lines) serving the Town Property and the Covered Bridge Property, including but not necessarily limited to electricity, water, sewer, telephone, natural gas, and cable television. The Town of Vail agrees that it will grant a permanent easement for the maintenance of such utility facilities to such utility company or companies at such permanent location, as approved by the Town of Vail. 3. Grant of License for Use of Streets. The Town grants to Developer a non-exclusive limited license for the use by Developer of that portion of Bridge Street north of its intersection with Gore Creek Drive and Gore Creek Drive for the following uses: For construction activity and for delivery of construction materials as required by and consistant with the final design plan for the demolition and reconstruction of improvements on the Covered Bridge Property. The use of Gore Creek Drive and Bridge Street noted above shall be permitted on the following conditions: a. Removal and delivery of materials shall occur and be completed between the hours of 7:00 to 11:00 AM and 2:00 to 7:00 PM each day, in accordance with the requirements of the Town of Vail Building Department for the Commercial Core I zone district. b. Except during periods of removal and delivery of construction materials, the eastern sixteen (16) feet of Bridge Street shall remain unobstructed during the period from the 1st day of July, 1994, through the 5th day of September, 1994. At all other times during the period of the license granted under this paragraph, the eastern twelve (12) feet of Bridge Street shall remain unobstructed. 4. Construction of Improvements on Town Property. In conjunction with the construction and development plan,. the Developer shall construct improvements on the Town Property in accordance with that plan approved by the Developer and the Town of Vail and attached hereto as Exhibit B (the "Town Property Improvement Plan"). 5. Restoration of Town Property. At the conclusion of the Developer's development of the Covered Bridge Property, the Developer shall restore the surface of the Town Property, as nearly as possible, to its natural state, with the exception of that portion of the Town Property which is improved to other standards 2 under the Town Property Improvement Plan. _ 6. Maintenance and Repair of Town of Vail Property. Developer shall be fully and solely responsible for the maintenance and repair of the improvements located on the Town Property. Developer shall be responsible for any damage to the Town Property caused by the placement and operation of the improvements on the Town Property. 7. Use of Crane for Benefit of the Town of Vail. The Developer will be permitted to locate a construction crane on the Town Property in association with its construction activity as required by and consistant with the final design plan for the demolition and reconstruction of improvements on the Covered Bridge Property. The Developer will provide the use of that construction crane, within the limits of its capacity, to assist the Town in the removal of the Covered Bridge from its present location to a point within reach of the crane and not interfering with the Developer's construction activity, provided, however, that the Town of Vail shall be responsible for the disassembly of the Covered Bridge in such manner that the capacity of the construction crane is not exceeded in the removal of the Covered Bridge materials. 8. Insurance requirements. Developer shall obtain comprehensive public liability insurance covering Developer's activities on the Town Property in the amount of one million dollars ($1,000,000) for each incident giving rise to a claim for bodily injury or property damage. The Town shall be named as an additional insured and a certificate of insurance shall be furnished by Developer to the Town and kept in full force and effect throughout the term of this agreement. 9. Indemnification of Town of Vail. Developer hereby agrees to defend, indemnify and hold the Town harmless from and against all liabilities, judgments, costs (including reasonable attorneys fees), damages, suits, claims and actions of any kind or nature by reason of its use of the Town Property. 10. Revocation. The limited license granted in Paragraphs 1 and 3 may be revoked by the Town in the following manner: In the event Town of Vail determines that a default has occurred in the performance of the obligations of Developer, the Town of Vail shall provide Developer (and, if Developer provides the Town of Vail with - the name and address of Developer's construction lender, that construction lender), a notice of default, identifying the nature of the default,. Developer shall have ten (10 ) days within which to cure such default, and Developer's construction lender shall have an additional five days within which to cure such default. In the event the default is not corrected within such period, then . 3 0 ti Developer will remove at its expense all improvements located on the Town Property within ten (10) days after receiving notice of the termination of the limited license granted in Paragraphs 1 and 3 hereof. The computations under this paragraph shall not include Sundays and holidays. 11. Removal of Improvements. In the event the removal of the improvements on the Town Property is not accomplished within twenty (20) days of the completion of the improvements to the Covered Bridge Property and the Town Property, the Town is hereby authorized to remove same and shall have the right to make an assessment against the Covered Bridge Property and collect the cost of removal in the same manner as general taxes are collected. 12. Termination of License as to Construction Activities. The limited license granted in Paragraphs 1 and 3 hereof shall commence on April 18, 1994, and shall terminate according to the following schedule: ° a. During the period from April 18, 1994, through November 20, 1994, the limited license granted in Paragraphs 1 and 3 shall be in effect. b. During the period from November 21, 1994, through April 16, 1995, the limited license granted in Paragraphs 1 and 3 shall be in effect, provided that exterior activities shall be limited to the following hours: c. During the period from April 16, 1995, through July 1, 1995, the limited license granted in Paragraphs 1 and 3 shall be in effect. 13. Termination of License and Easement as to Utility Activities. The limited license and easement granted in Paragraph 2 shall commence on the date of this agreement and shall not terminate except by agreement of the Town of Vail, the owners of the Covered Bridge Property at the time of termination, and any affected utility company, provided, however, that the location of any utility lines and associated license may be changed by agreement of the Town of Vail and an affected utility company without the consent of the then owners of the Covered Bridge Property if the service to the Covered Bridge Property is not relocated or otherwise adversely affected. 14. Timinq of Activities. It is agreed that the activities contemplated by Paragraphs 4 and 5 of this Agreement may occur at any time during the term of the License as to Construction Activities as defined in Paragraph 15, provided that the only activities occuring during the period from November 21, 1994, 4 i 0 through April 16, 1995, shall be deliveries to the Covered Bridge Property ~to be used in interior construction, which deliveries shall occur within the times stated in Paragraph 15. TOWN OF VAIL, Covered Bridge Building, Ltd. a Colorado municipal corporation Developer By: By:East-West Partners, Inc. Title: Title: General Partner By: Title: rp\licagmt.tov 11 April 1994 5 L LIMITED LICENSE AND.EASEMENT AGREEMENT This LIMITED LICENSE AND EASEMENT AGREEMENT is made and entered .into this day of March, 199, by and between the TOWN OF VAIL, COLORADO a Colorado municipal corporation (the "Town") and Covered Bridge Building, Ltd., a Colorado Limited Liability Company ("Developer"): WHEREAS, Developer desires to demolish and redevelop improvements on a parcel of real property in the Town of Vail more particularly described as Lot "c" and Lot "d" and the southwesterly 4 feet of Lot "b", Block 5-B, Vail Village First Filing .(the "Covered Bridge Property"), and, in association with such demolition and redevelopment, the Developer desires to use, and the Town requires improvements to certain land proposed for use by Developer, and the Developer is willing to expend significant sums in improvements to, certain real property owned by the Town and more particularly described in Exhibit A attached hereto and made a part hereof (the "Town Property"),_~ and to.provide limited assistance to the Town in association with removal of a structure known as the Covered Bridge, being a part of Bridge Street within the Town of Vail; and WHEREAS, the Town is willing to grant to Developer a limited license agreement to permit construction on the Town Property, to allow said improvements to remain on the Town Property for the period of time set forth herein, and is further willing to permit the use of certain other property owned by the Town of Vail as more fully set forth herein; NOW, THEREFORE, in consideration of the mutual promises and covenants. contained herein, the parties agree as follows: 1. Grant of. License for Construction Use. The Town grants to Developer a non-exclusive limited license for the use by Developer of the Town Property for the following uses: For construction storage, a staging area, maintenance of construction equipment, and construction of improvements upon the Town Property and the Covered Bridge Property. 2. Grant of License and Easement for Utility Use. The Town grants to Developer a non-exclusive limited license easement for the use by Developer of the Town Property for the following uses: For the installation, maintenance and repair of underground utility lines and facilities (and such above-ground facilities as may be necessary in association with such underground utility lines) serving the Town Property and the Covered Bridge Property, including but not necessarily limited to 0 electricity, water, sewer, telephone, natural gas, and cable television. Upon the request of any utility company subsequent to the permanent location of utility facilities in a manner reasonably acceptable to the Town of Vail, the Town of Vail agrees that it will grant a permanent easement for the maintenance of such utility facilities to such utility company or companies at such permanent location. _ Y 3. Grant of License for Use of Streets. The Town. grants to Developer a non-exclusive .limited license for. the~use by Developer of that portion: of Bridge Street .north of its intersection with Gore Creek Drive and that portion of Gore :Creek Drive t of it intersection with Bridge Street for the following`:uses• For delivery of construction materials. 4. Construction of Improvements on Town Property. In conjunction with the construction and development plan, the Developer shall construct ,improvements on the Town Property in accordance with that plan approved by the Developer and the Town of Vail and attached hereto as Exhibit B (the "Town Property Improvement Plan"). 5. Restoration of Town Property. At the conclusion of the Developer's development of the Covered Bridge Property, the .Developer shall restore the surface of the Town Property, as nearly as possible, to its natural state, with the exception of that portion of the Town Property which is improved, to other standards under the Town Property Improvement Plan. 6. Maintenance and Repair of Town of Vail Property. Developer shall be fully and solely responsible for the maintenance and repair of the improvements located on the Town Property. Developer shall be responsible for any damage to the Town Property caused by the placement and operation of the improvements on the Town Property. 7. Use of Crane for Benefit of the Town of Vail. The Developer will be permitted to locate a construction crane on the Town Property in association with its construction activity. The Developer will provide the use of that construction crane, within l` the limits of its capacity, to assist the Town in the removal of the 'Covered Bridge from its present location to a point within... reach of the crane and not interfer-ing with the Developer'sP~~ construction activity, provided, however, that the Town of Vail` 'shall be responsible for the disassembly of the Covered Bridge in such manner that the capacity of the construction crane is not exceeded in the removal of the Covered Bridge materials. 8. Insurance requirements. Developer shall obtain r comprehensive public liability insurance covering Developer's activities on the Town Property in the amount of one million dollars ($1,000,000) for each incident giving rise to a claim for bodily injury or property damage. The Town shall be named as an additional insured and a certificate of insurance shall be furnished by Developer to the Town and kept in full force and effect throughout the term of this agreement. 9. Indemnification of Town of Vail. Developer hereby agrees to defend, indemnify and hold the Town harmless from and against all liabilities, judgments, costs (including reasonable attorneys fees), damages, suits, claims and actions of any kind or nature by reason of its use of the Town Property. 10. Revocation. The limited license granted in Paragraphs 1 and 3 may be revoked by the Town in the following manner: In the event Town of Vail determines that a default has occurred in the performance of the obligations of Developer, the Town of Vail shall provide Developer (and, if Developer provides the Town of Vail with the name and address of Developer's construction lender, that construction lender), a notice of default, identifying the nature of the default. Developer shall have ten (10) days within which to cure such default, and Developer's construction lender shall have an additional five days within which to cure such default. In the event the default is not .corrected within such period, then Developer will remove at its expense all improvements located on the Town Property within ten (10) days after receiving notice of the termination of the limited license granted in Paragraphs 1 and 3 hereof. The computations under this paragraph shall not include Sundays and holidays. 11. Removal of Improvements. In the event the removal of the improvements on the Town Property is not accomplished within twenty (20) days of the completion of the improvements to the Covered Bridge Property and the Town Property, the Town is hereby authorized to remove same and shall have the right to make an assessment against the Covered Bridge Property and collect the cost of removal in the same manner as general taxes are collected. 12. Termination of License as to Construction Activities. The limited license granted in Paragraphs 1 and 3 hereof shall commence on 1994, and shall terminate , 1994, unless terminated earlier as hereinabove set forth. 13. Termination of License and Easement as to Utility Activities. The limited license and easement granted in Paragraph 2 shall commence on the date of this agreement and shall not terminate except by agreement of the Town of Vail, the owners of the Covered Bridge Property at the time of termination, and any affected utility company, provided, however, that the location of any utility lines and associated license may be changed by '1 agreement of the Town of Vail and an affected utility company without the consent of the then owners of the Covered Bridge Property if the service to the Covered Bridge Property is not relocated or otherwise adversely affected. TOWN OF VAIL, Covered Bridge Building, Ltd. a Colorado municipal corporation Developer By: By: Title: Title: rp\licagmt.tov 17 March 1994 N ~ ~11~ i~ 7'OW~ Y~~L VAIL COVERED BRIDGE REHABILITATION PRESENTATION FOR CITY COUNCIL MEETING ¦~0? ¦~0? Loris and Associates, Inc. Engineering Consultants Boulder, Colorado April 12, 1994 r ROJ ECT O~J ECTIVES P D ADDRESS SAFETY ISSUES . .Increase Bridge Capacity -Potentially Unsafe .Improve Bridge Deck -Knots & Slippery Surface .Add Pedestrian Guard Rails - No Barriers To Creek At Abutments MAINTAIN CHARACTER .Keep Old-World, Rustic Character Of Bridge .Preserve Existing Trees D IMPROVE AESTHETICS .Relocate & Hide Utilities -Gas, Electric... .Improve Interior Bridge Lighting .Improve Approaches -Rock Fascia At Abutments, Unit Pavers... ' COVERED BRIDGE REH~IBILITilT10N TOWM OF SAIL BRIDGE OPTIONS O OPTION 1-- REHABILITA~t~~ BRIDGE (DRB PREFERRED) .Replace Structural Girder -Maintain Same Profile .Rehabilitate Timber Structure -Increase Life Of Bridge -Provide Better Waterproofing Details .Keep Abutments -Adapt To New Girder, Add Stone Veneer .Maintain Character of Bridge •Do Not Impact Trees D OPTION 2 REPLACE BRIDGE .Replace Only If Existing Timber Is Not Acceptable (Timber Is Acceptable) .Replace Existing Concrete Girder & Existing Timber Structure With New All-Timber Structure .Structure May Be Modified To Accommodate Wider Path & Architectural Enhancements .Truss Will Have Same Character, But Will Look Slightly Different In Detail -Larger Timbers & More Bolts .Maintain Existing Abutments •Do Not Affect Trees COVERED BRIDGE REHfIB/LITfIT10N TO{VN OF UA1L ~ 7 CTU RE OPTt~NS STRU TIMBER .Keeps Unifo~ l~?Iaterial On Bridge .Reasonable Weight To Construct .Allows Ventilation Of Floor System .Most Visible Profile -Compatible Visually .May Require Some Future Maintenance D CONCRETE .Weight May Make Construction Difficult .Adds Load To Unknown Foundation .Restricts Ventilation Of Floor System .Will Be Practically Maintenance-Free .Least Visible Profile D STEEL .Reasonable Weight To Construct .Allows Ventilation Of Floor System .Somewhat Visible Profile -Not Compatible Visually • Will Require Some Future Maintenance ' COVERED BRIDGE REHf1BILITi9TlON TO{{'N OF {'AIL 4 OTHER IMPROVEMENTS D DECKING .Keep Timber Decking Material .Use More Durable Wood -Doug-Fir, Alaskan Cedar or Others .Turn Planks 90 Deg. and Space At 1 /4" To Provide Better Drainage D PEDESTRIAN GUARD RAILS .Incorporate Elements Of Pocket Park Detailing .Low Stone Walls In Front Of Shrubbery .Timber Rails Compatible With Bridge O ABUTMENTS .River Rock Veneer D DRAINAGE .Improve Slope Protection At Bridge .Improve Drainage On Bridge Street D UTILITIE S .Remove Gas & Electric From Bridge .Potential To Hang Water Line Under Bridge CO[~ERED BRIDGE REHABIL/Tf1TION TO{YNOFYAIL CONSTRUCTION _T-~ D DETOUR .Bridge Street To Remain Open At All Times .Temporary Detour East Of Covered Bridge .Detour Bridge To Be Re-Used Q CRANE .Crane Expense May Be Paid By "Covered Bridge ,r Building" Owners .Crane Access At Pocket Park .Lift Bridge In Several Pieces D STAGING .Coordinate Staging Location With DRB, Staff & Contractors Before Producing. Final Construction Documents .Staging To Be Done From A Portion Of Slifer Plaza D SCHEDULE •8 Week Maximum Construction Schedule .September 12 Through November 4 ' COVERED BRIDGE REHAB/LlT.4TION 70{VN OF SAIL D REPLACEMENT OPTIONS CONSIDERED A. Replace Bridge B. Rehabilitate -Keep Existing Character C. Rehabilitate -Add Bavarian Character APPROXIMA~t~~ COSTS ITEM A B C Replace Bridge $75,000 N.A. N.A. Rehab. Timber N.A. $15,000 $15,000 Replace Girders N.A. $20,000 $20,000 Replace Decking N.A. $2,500 $2,500 Rehab. Abutments $5,000 $5,000 $5,000 Install Ped. Guardrails $10,000 $10,000 $10,000 Install Stone On Abuts. $10,000 $10,000 $10,000 Improve Drainage $5,000 $5,000 $5,000 Make More Bavarian N.A. N.A. $10,000 Miscellaneous $20,000 $20,000 $20,000 TOTAL $125,000 $87,500 $97,500 COVERED BRIDGE REHABlLlTATION To?vn~ o~ uea 1 i ' ARCHITECTURAL TREATMENTS Covered Bridge Rehabilitation Town of Vail April 18, 1994 The following is a list of potential architectural treatments which could be incorporated into the Covered Bridge during its rehabilitation. The intent is to enhance the bridge's character so it is more consistent with Vail's design standards. • Add a cupola at the ridge line. (Either in the center or at either end.) A cupola could function as a skylight to increase daylight at the center of the bridge. Add decorative weather vanes. (Could be done without the cupolas.) A cupola might compete visually with the clock tower. • Extend and angle the roof line at each end of the bridge. • Increase the dimensions of the wood framing at the ends of the bridge so the profile is more in scale with the remainder of the structure. Add wood carvings to the structure. A carved handrail inside the bridge (similar to the Gateway Building's). Carvings at the peak of the roof at one or both ends. Replace the bollards (if kept) with carved totems. • Hang flower boxes (four to six per side) on the outside of the bridge. Maintenance a concern. • Add scalloped facia boards to the eves. • Add a scalloped trim piece to the roof ridge line. • Enclose ends of bridge where possible. c: \wpdocs\cbridge.mem f ~ lip ~ ~.r l 1 1 ~l _ ~j i tJ _ ; rte. ~ ~~l ~.1 _ -1 i 1 ~ , r ~ ~ ~:~i - _ t ~ `1 U REQUEST FOR PROPOSALS Vail Commons Development Town of Vail, Colorado April 5, 1994 I. INTRODUCTION The Town of Vail Department of Community Development is soliciting proposals from qualified development teams to assist the Town of Vail staff with the master planning of the Vail. Commons parcel. We believe a qualified development team would consist of architects, landscape architects, urban designers, transporation engineers, and real estate, economic and financial analysts. The primary goal of this Request For Proposals (RFP) is to hire an interdisciplinary consultant team to assist the Town in the development of appropriate design guidelines, a description of desired uses, a list of the transporation related issues, a conceptual analysis of the site planning issues, and an economic feasibility study for the Vail Commons parcel. Through the planning process, it is intended that the community and Council would build agreement on how the property should be developed. Upon completion of this project, the Town would provide the results of the effort to developers interested in building the project. Interested developers would be asked to submit proposals to the Town. Once a final selection is made, the development team would construct the project. The Town of Vail is located in an alpine environment at an elevation of 8,200 feet. Thirty years ago, the Vail Valley was an undeveloped mountain meadow. Today, Vail has approximately four thousand permanent residents with accommodations for up to thirty thousand guests. The Vail ski area can accommodate over 1.5 million skiers per year, which does not include the increasingly popular summer season. According to the most recently updated development statistics (January 1994), the Town is approximately 86.4% built-out with regard to residential zoning. Vail is at a pivotal point in its history as it tries to balance the needs of the community with the demands of a resort. In 1993, the Vail Town Council purchased the 6.6 acre Vail Commons parcel. The site is relatively flat and with the exception of scrub vegetation, there are no trees or shrubs on the site. The parcel is located between Chamonix Lane to the north and the North Frontage Road and Interstate 70 to the south. There are residential lots (some of which are developed) located on the north side of Chamonix Lane. These lots are zoned Primary/Secondary. The property to the west, which includes the Safeway grocery store and the Vail Das Schone retail shopping center, is zoned Commercial Core III. The Brandess Building (retail/office mix) is located to the southeast of the site, and is also zoned Commercial Core III. To the northwest of this site are additional Primary/Secondary zoned residential properties. Excerpts from the Town's Zoning Code, specifically the regulations for the Commercial Core III and Primary/Secondary zone districts, are attached to this RFP. To facilitate the review of the Vail Commons project, and to assist in the selection of the development team, the Town has created a Vail Commons Task Force. This Task Force consists of one member of the Vail Town Council, one member of the Vail Planning and Environmental Commission, the Town Manager, one member of the Vail Housing Authority, two representatives from the Department of Community Development, two representatives from the Public Works Department and one representative from the community at large. This team will select the consultant team and will review the consultant's work prior to presenting it to Town Boards and Council for adoption. , 1 y ~l II. CONSULTANTS SCOPE OF SERVICES The main areas to be addressed in this RFP include market feasibility, economic/financial analysis, and site program analysis. It is recognized that the following scope of services is not all inclusive. While a general work program is outlined in this RFP, the Town of Vail is relying on the consultant team to propose a more specific work program as deemed necessary to complete the goals of this project. The consultant team is encouraged to propose any additional steps that need to be taken to complete this study. Creative, innovative and cost effective solutions to this development project are strongly encouraged. The Town's initial concept for the development of the Vail Commons site would generally be categorized as a mixed-use project, with an emphasis on commercial activities. The Town is interested in providing for a variety of commercial-type uses, employee ("affordable") housing, a day-care facility, a possible West Vail Fire Station, parking and recreation and open space areas. The following are what the Town considers to be the minimum level of analysis necessary to accomplish the goals of this project, and the following tasks are outlined to give bidders a sense of the scope of work associated with this project: A. Preliminary Work 1. Review the Town's Land Use Plan, Transportation Master Plan, Recreation Trails Master Plan and general zoning/development standards. Review the aerial photography, topographic survey, and title report for the Vail Commons site (to be provided by the Town). Review site plans of surrounding properties. Review soils test and geologic analysis. Develop a base map of the existing conditions, identifying any potential environmental and site constraints and opportunities. 2. All base maps should be provided at a minimum scale of 1 "=20'. The design team shall consider existing land uses and development, and transportation patterns within a 1/4 mite circumference of this site. A vicinity map should be provided by the consultant team, at a minimum scale of 1 "=100'. The Town can provide copies of aerial photographs of this area at a scale of 1 "=100'. , 3. It is strongly recommended that the consultant team immediately begin preliminary discussions with the Colorado Department of Transportation to determine any potential improvements which may be required, as a result of the development of the Vail Commons site, to the North Frontage Road. The North Frontage Road is maintained by, and falls under the jurisdiction of, the State of Colorado Department of Transportation. B. Site and Program Analysis The site analysis should address the standard considerations relative to any similar type of mixed-use development project (i.e. transportation and circulation, pedestrian access, parking, zoning/development standards; architectural style, landscape 2 considerations, etc.). In addition, the site analysis should address local concerns such as views, design guidelines, and an assessment of any potential impacts on existing and adjacent uses surrounding the site. Preliminary architectural drawings or character sketches, as necessary, to provide a suitable site analysis should then be generated _ from this programmatic analysis. C. Market Feasibility The primary purpose of the market analysis is to establish the anticipated market demand, and to identify a list of potential uses for the Vail Commons site. It is important that this analysis include a competitive analysis with both the existing adjacent uses and comparable uses in the Valley. The market potential for the proposed uses should be clearly identified and the market analysis should address competition from other communities, (i.e. Avon, Minturn, Edwards, Eagle). D. Economic/Financial Analysis The Town is desirous of a comprehensive assessment of the economic and financial considerations relative to development on the Vail Commons parcel. The financial analysis should include, but not be limited to, infra-structure cost estimates, operational and maintenance expenses, anticipated revenue, anticipated economic benefits to the Town resulting from projected sales tax collection, job generation, estimated costs and recommendations for marketing the site, and an overall cost/benefit analysis. The Town would also like to see an analysis of alternative financing options for this development. A detailed financial analysis must be provided for the implementation of the master plan. Alternative "roles" for the Town of Vail to participate in the development of the site should be provided, with the emphasis placed on public/private partnerships. It is recognized that certain specific elements of the overall analysis may vary from the manner in which they are presented under the above headings. For example, the programmatic analysis may be incorporated into the economic/financial analysis. It is not the intention of the Town to dictate the structure of the consultant team's work program by the manner in which the specific elements of this study have been delineated. The Town wishes to provide the consultant team with enough latitude to structure the elements within the study such that the overall analysis is focused in a manner which allows for the final report and presentation to be made in a clear and concise format. The consultant team selected for this project will work closely with the Vail Commons Task Force. While it is the desire of the Town to be actively involved in the development of this study, the role of the Town staff and the Task Force will be primarily to provide the consultant with information and direction, as necessary to complete this project. In addition to information and resources provided by the Town staff, the consultant team will be responsible for gathering input, as necessary, from other interested individuals or entities within the Town. 3 III. PUBLIC REVIEW PROCESS The consultant team should anticipate scheduling and facilitating two community/neighborhood meetings. The Town would recommend that the initial meeting be held before beginning any . of the detailed analysis, in order for the consultant team to fully understand the concerns and issues of the neighborhood and community. It is anticipated that the second community/neighborhood meeting occur upon the completion of the conceptual designs and economic analyses. It is also anticipated that three joint Planning and Environmental Commission (PEC)/Town Council worksession hearings will be held. The consultant team will-be requested to facilitate these meetings and present their analysis to the boards. The consultant team should also anticipate meeting with individuals having significant interest in the project, such as adjacent business owners and residents. Additionally, the consultant team should anticipate attending approximately three to four meetings with the Vail Commons Task Force, at various times during the development of the project. A final presentation would be made to the community and Council on the project results. Accordingly, plans and documents will need to be revised as necessary to assimilate input received at any of these meetings. IV. PREPARATION OF FINAL REPORT The consultant team will analyze all data and information compiled through their research and . prepare a written report which outlines their findings and recommendations relative to the scope of services. The final report should include a thorough description of the project, a summary of the site analysis (written and graphic), a written record summarizing the public input, a discussion of the market feasibility and recommended uses, a detailed analysis of the economic and financial considerations, and a detailed summary including the recommended actions and prioritization of the recommended actions. As stated above, formal presentations will be made by the consultant team to the Town Council and PEC following the completion of the analysis. The final report and presentation should provide the Town with concise and comprehensive recommendations as to the overall feasibility of the development of the Vail Commons site. V. PROPOSED SCHEDULE RFP Issued: April 15, 1994 RFP Submittal Deadline: May 16, 1994 Short List/Consultant Team Interview (in Vail) May 23 - 27, 1994 Contract Executed with Consultant Team June 3, 1994 , Anticipated Completion of Project: December 1994 4 VI. FORMAT All proposals, at a minimum, should include the following parts: A letter of transmittal; a description of the approach to the project; a list of the proposed consultant team; a description of the team's experience record; abudget/cost proposal and an optional supplemental section. Each part should be clearly defined for easy reference. Nine copies of the proposal must be submitted. Letter of Transmittal: The letter of transmittal is to be addressed to: Mike Mollica Assistant Director of Planning Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 The transmittal letter should contain a summary of the key points of the proposal, and should include: An identification of the firm which is to be the prime consultant and the individual within that firm who will be the project manager. • An identification of the firms involved in the proposal, and a brief overview of the strengths of each firm. • A statement that the proposal will remain in effect for sixty days after receipt by the Town of Vail. The proposal shall contain the name, title, address and telephone number of an individual or individuals with authority to bind the company, who may be contacted during the period of evaluating the proposal. Proiect Organization and A~broach: This part of the proposal should contain a detailed description of how the approach to the project is to be organized and how the work is to be completed. This section should focus on the public review and approval process, as the ultimate goal of this effort is approval by the Vail PEC and the Town Council. The consultant should include descriptions of the resources available to the consultant team which will be used in the project. The relationships between the firms on the team should be explained and how potential inconveniences due to geographic separation between firms will be handled. This is particularly important as the project teams tend to draw upon several consultants located in different parts of the country. Proiect Staffing: This part of the proposal should include a list of the individuals assigned to the project from each firm, with a brief description of their responsibilities. Resumes for each member should also be included. Experience Record: Firms should list previous relevant projects that the proposed team members have worked on. The consultant must explain how information from those projects will benefit the Vail Commons project. 5 Budaet/Cost Proposal: This section of the proposal should provide a summary of the proposed costs for all services and materials anticipated to be incurred. A summary table must be provided which indicates the persons/days assumed and the cost involved for each task. Materials, travel, reimbursable expenses and miscellaneous costs shall also be summarized in this table. The consultant is expected to review the work tasks and provide the Town of Vail with a statement as to the appropriateness and adequacy of their proposed budget. Supplemental: The consultant may submit any additional supplemental information in this section. VII. DEADLINE All proposals shall be submitted by 5:00 p.m., Monday, May 16, 1994. VIII. GENERAL CONDITIONS Limitation and Award: This RFP does not commit the Town of Vail to award a contract, nor to pay any costs incurred in the preparation and submission of proposals in anticipation of a contract. The Town of Vail reserves the right to accept or reject any, or all proposals l received, as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be .successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. Selection: Initial evaluation will be based upon proposal content. After evaluation, firms may be contacted for interviews. The Town of Vail reserves the right to not interview, and to make final consultant selection based upon proposal, content alone. Eaual Emplovment Opportunity: The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, physical disability, or national origin. The consultant will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to their race, color, religion, sex, physical disability, or national origin. Such action shall include, but not be limited to the following: employment upgrading; demotion, promotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. 6 Request for Proposals Vail Commons Addendum The following information has been gathered by the Town staff and will be available to the consultant team for their work: 1. Site Survey. 2. Soils Test. 3. Environmental Site Assessment. ` 4. Property Appraisal. 5. Excerpts from the Town's Master Transportation Plan relevant to this site. 6. Aerial Photos. 7. Title Work. 8, Address Map of this vicinity of Town. 9. Zoning Map of this vicinity of Town. 10. The Employee Housing Ordinance, stipulating requirements for the various types of employee housing in the Town of Vail. 11. Surveys and site plans of the commercial areas surrounding this site, including Wendy's, Phillips 66, Texaco, McDonald's, Inn at West Vail, West Vail Mall, Brandess Building, Safeway and Vail Das Schone Shopping Center. IIL~ DAS. SCHONE FILING NO 2 '308 t5 6 7 VAIL HEIGHTS NPLATTED 2207 2197 2 87 9 10 P ' E DOMINIUM 24 - 23 2 2179 II 12 Z 1967 1957 94 z69 p S'CMOptITZ kqr 2159 213s 211s 3 14 15 25 5 109 2099 2079 I6 1977 Q• 20 5 4 2199 1 ~ 2059 17 29 28 26 ~ 4/~ 19 24 °j 2189 I T 1SE 2039 2019 1987 31 ~w ~ 4 2 CHAMONIX • 2009 GAP 1956 v 19 PIN IDGE •8 199 3 2193 N• 27 19 30 32 Q- 1984 \ 2197 1995 • 1969 1949 to 21 2121 LI ~ 1994 1817 UNPLATTED 38 37 'S6 35 34 33 I7 16 15 14 13 V L DAS SCHO E RANDE 004 2000 19'92 1970 1950 1901 895 1879 1859`1839 1819 B SS a Qp• FILING N0. ~ VAIL COMMONS Bloc. MEADOW RIDGE 3 VAIL DAS 2077 1953 MtDONALO'S 2 WEST VAIL SAFEWAY SCHONE 2099 39 40 41 2172 2171 L 2151 • 2111 - 1933 • I 1880 8 1860 10TH 1 R00 T 12 • • ~ _ - IT N INTERSTATE 70 .7 (NOT IN T.O.V. I 4 (IN T.O. V, ) I I 7942 ON ~ 13 I 3 1784 • 4 i4 54 PTARMIGAN SPRUCE CREEK 1 83 1773 176 II CASA DEL SOL CONDOMINIUMS TOWNHOMES ~f'OWNHOUSES 1750 ~ 93 ~ ~ 175 B 1765 (7b5 29-40 2055 • i I6 9 nay LPG leo ~ 10 178s . DONOVAI iQ 1973 20 19 18 17 ~ 793 41 A 28 27 2 24 23 22 21 18t3 1 66 7!4 (A PARK BE 915 1905 1895 1885 1875 186 1855 1845 1835 1825 1815 1699 _ .i. I • ~ 27 1758 B A 2014 43 wEST GORE CREEK DR: ~ y 1816 34 79 ~ 79 pP' 4 17 44 45 43 a 35 1806 1760 3 19A ~ I 6 46 47 Toy 32 t~, 1707 69 20 2010 2 1956 1936 1916 48 49 50 48 47 46 176 5 4 19B 2054 2034 1994 3 1906 1896 1886 1876 1868 1858 42 36 6 ~ vQ ~ 1762 1709 1704 682 19 1974 4 28 41 824 ~ P A 1706 21A 22 49 45 28 ~ 6 1708 954 1837 1827 44 40 39 J• 76 B 2 23 M.4TTER1! 6 180 1797 1787 D~j 1 7 6 17 18 23B 65 632 27A 00 7 g 9 5 1897 •E T~ 9 1766 1713 G~' 7 20 A 1556 1554 ~5 14 1967 1947 1937 10 1907 15 1828 I 1 8 1693 710 1673 22 24 2017 20 7 r,Q 38 I6 14 T 17 B Q SIf 808 1768 1715 64 1633 26 155% Rt;' j 3 II C ALP~NF ~ 27 A 17 . 198 n7 ~ • 1613 1593 "278 0a~ 2030 1930 28 1840 26 799 128 I1 10 2 8 A 1717 12 1612 4 1850 820 25 ~ 18 {594 UNPLAT ~ 2040 1870 872 1800 44 7 778 8B II B 13 14' g 24 19 1718 1664 1644 MgtT 2050 1910 24 13 1780 759 20 9 fRHORN 1890 ALPINE DR. 1874 23 1719 72 14 760 15 0 1783 21 ii A 1634 , HIGHLAND sFO 185 22' 2 0 ' ~°22 `~~"E`~"~ MFA nnw,~' _ _ UO/4 , TSNOE_ DR. ~7 ~r. ZONING ,o, design considerations. A. The Vail Lionshead urban design guide plan a design considerations are adopted for the purpose o aintaining and preserving the character and vitality o ail Lionshead (CC2) and to guide the future alter ions, change and improvcmcnt in the CC2 district. Co ' s of the Vail Lionshead urban design guide plan and desi considerations shall be on • file in the community develo ent department of the town. = B. Revisions to the Vail Lio ead urban design guide plan and design consideration all be reviewed by the planning and ~ environmental co mission with official action to be taken ~ ~ by the town ncil by resolution on a semiannual basis to ensure th the plan reflects the purposcs and intent for which ' as been adopted. The review and action shall take • . pla within thirty days following the public hearing on the plications. Chapter 18.27 • COMMERCIAL CORE 3 (CC3) DISTRICT . Sections: 18.27.010 Permitted uses. 18.27.030 Conditional uses. 18.27.042 Accessory uses. 18.27.050 Lot area and site dimensions. 18.27.060 Setbacks. 18.27.070 Height. 18.27.080 Density control. 18.27.090 Site coverage. ~ • 18.27.100 Landscaping and site development. 18.27.110 Parking and loading. 18.27.120 Location of business activity. • . 356 (Vail 4-7-92) - COMMERCIAL CORE 3 (CC3) DISTRICT • 18.27.010 Permitted uses. The following uses shall be permitted in the commercial core 3 district: - ~ A. Professional offices, business offices, and studios; B. Banks and financial institutions; = C. Retail stores and establishments without limit as to floor area including the following: J 356-4a ~~.~3> ' COMM~xCIAL CORE 3 (CC3) DISTRICT Apparel stores, Art supply stores and galleries, Auto parts stores, Bakeries and confectioneries, preparation of products for sale on the premises, Bookstores, Building materials stores without outdoor storage, Camera stores and photographic studios, . Candy stores, . Chinaware and glassware stores, Delicatessens and specialty food stores, Department and general merchandise stores, Drugstores and pharmacies, Florists, Food stores, _ Funuture stores, Gift stores, Hardware stores, Health food stores, Hobby stores, Household appliance stores, Jewelry stores, Leather goods stores, Liquor stores, Music and record stores, Newsstands and tobacco stores, Photographic studios, Radio and television stores and repair shops, Radio and television broadcasting studios, Sporting goods stores, Stationery stores, Supermarkets, Toy stores, Variety stores, . Yardage and dry goods stores, D. Personal services and repair shops, including the following: Barbershops, Beauty shops, Business and office services, 356-5 (Vail 9.29-92) { ZONING ~ ~ _ Cleaning and laundry pickup agencies without bulk cleaning or dyeing, Coin-operated orself-service laundries, Small appliance repair shops, excluding furniture repair, - Shoe repair, Tailors and dressmakers, Travel and ticket agencies; E. Eating and drinking establishments, including the following: Cocktail lounges, taverns and bars, Coffee shops, Fountain and sandwich shops, Restaurants; F. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of Section 18.27.010, of this chapter, G. Health clubs. (Ord. 30(1986) § 1: Ord. 11(1981) § 1 (part).) 18.27.030 Conditional uses. The following conditional uses shall be permitted in the commercial core 3.district, subject to issuance of a conditional use permit in accord with the provisions of Chapter 18.60: A. Drive-up facilities; B . Type III EHU as defined in Section 18.57.060 and Type IV . EHU as defined in Section 18.57.070. C, Public utility and public service uses; D. Public buildings, grounds, and facilities; E. Public park and recreation facilities; F. Theaters, meeting rooms, and convention facilities; G. Commercial laundry and cleaning services, bulk plant; H. Major arcade; I. Pet shops; 3. Any use permitted by Section 18.27.020 which is not conducted entirely within a building; K. Massage parlors; L. Outside carwash; M. Dog kennel; N. Radio and television signal relay transmission facilities; 356-6 ~ - (Vail 9-29-92) . COMN1trt~CIAL CORE 3 (CC3) DISTRICT O. Commercial storage-as long as it does not include any existing exterior window display frontage on any public way, street, or mall area is removed in order to provide commercial storage, and the commercial storage shall be limited to ten - ~ percent of the gross commercial square footage of the building; P. Bed and breakfast as further regulated by Section 18.58.310. (Ord. 8(1992) § 22: Ord. 3.1(1989) § 10: Ord. 30(1986) § 2: Ord. 23(1983) § 1: Ord. 19(1983) § 1: Ord. 20(1982) § 5: Ord. 6(1982) §Sa: Ord. 11(1981) § 1 (part).) 18.27.042 Accessory uses. The following .accessory uses shall be permitted in the commercial core 3 district: A. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential; B. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190; C. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; D. Minor arcade. - (Ord. 6(1982) § Sb: Ord. 11(1981) § 1 (part).) 18.27.050 Lot area and site dimensions. The minimum lot or site area shall be twenty-five thousand square feet of buildable area, and each site shall have a minimum frontage of one hundred feet. (Ord. 11(1981) § 1 (part).) 18.27.060 Setbacks. In the commercial core 3 district, the setback shall be twenty feet on all exterior boundaries of the zone district. (Ord. 11(1981) § 1 (part).) - 357 (Vail 9-29.92) ZONING s 18.27.070 Height. For a flat roof or mansard roof, the height of buildings shall not _ exceed thirty-five feet. For a sloping roof, the height of buildings shall not exceed thirty-eight feet. (Ord. 11 (1981) § 1 (part).) 18.27.080 Density control. Not more than thirty square feet of gross residential floor area (GRFA) shall be permitted for each one hundred square feet of buildable site area. Total density shall not exceed twelve dwelling units per acre of buildable site area. (Ord. 11(1981) § 1 (part).) 18.27.090 Site coverage. Site coverage shall not exceed forty percent of the total site area. (Ord. 17(1991) § 10: Ord. 11(1981) § 1(part).) 18.27.100 Landscaping and site development. At least twenty-five percent of the total site shall be landscaped. The minimum width and length of any area qualifying- as landscaping shall be fifteen feet with a minimum area not less than three hundred square feet. (Ord. 11(1981) § 1(part).) 18.27.110 Parking and loading. Off-street parking and loading shall be provided in accordance with Chapter 18.52. No parking or loading area shall be located in any required fmnt setback~area. (Ord. 11(1981) § 1 (part).) 18.27.120 Location of business activity. A. All permitted and conditional uses by Sections 18.27.020 and 18.27.030 shall be operated and conducted entirely. within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use pernlit and the outdoor display of goods. B . The area to be used foroutdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstnlcted by outdoor display. (Ord. 34(1982) § 3: Ord. 11(1981) § 1 (part).) 358 ; ~ (Vail 9-29-92) PRIM,ARY/SECONDARYRFSIDENTIAL DISTRICT '4: - - ---~-.-1y~ . . being filed or called up with a possible thirty-day extensi if ~ ~ ~ the council finds that there is insufficient.information. (Ord. 22(1981) § 3 (part).) 18.12.1IO Site coverage. Site coverage shall not exceed twenty rcent of the total site area. (Ord. 41(1990) § 4: Ord. 19(1976 4 (part): Ord. 8(1973) § 3.507.) 18.12.130 Landscap' g and site development. _ ~ ~ At least sixty perc of each site shall be landscaped. The minimum of any are qualifying as landscaping shall be ten feet ~ ~ (width and length ith a minimum area not less than three hundred square feet (O .19(1976) § 4 (part): Ord. 8(1973) § 3.509.) 18. .140 Parking. Off-street parking shall be provided in accordance with Chapter 0.~?. (£3.G. 0(19';3) § 3.:,10.) Chapter 18.13 ~ PRIMARY/SECONDARY RESIDENTIAL DISTRICT Sections: ~ ~ . ~ . 18.13.010 Purpose. ~ . - ~ ~ ~ ~ 18.13.020 Permitted uses. ~ ~ . 18.13.030 Conditional uses. 18.13.040 Accessory uses. 18.13.050 Lot area and site dimensions. ~ 18.13.060 Setbacks. 18.13.075 Height. ~ . . 18.13.080 Density control. 327 (Vail 9-29-92) ZONING - ~ ~ ~ . 18.13.081 Appeal to planning commission. ~ ~ : 18.13.082 Appeal to town council. : _ ~ ~ ~ ~ 18.13.090 Site coverage. 18.13.110 Landscaping and site development. 18.13.120 Parking. ~ : 18.13.010 Purpose. The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two- family residential uses in which one unit is a larger primary , . ~ . residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located ' , ~ : : in the same district. The two-family primary/secondary residential ~ : district is intended to ensure adequate light, air, privacy and open ~ ' . space for each dwelling, commensurate with single-family and two- family occupancy, and to maintain the desirable rirsidenfial qualifies , of such sites by establishing appropriate site development standards. (Ord. 30(1977) § 2 (part).) . J 18.13.020 Permitted uses. _ The following uses shall be permitted: A. Single-family residential dwellings; . B. Two-family residential dwellings; ~ ~ ~ . . C. T}ape I employee housing unit as defined in Section 18.57.040: ~ (Ord. 8(1992) § 11: Ord. 30(1977) § 2 (part).) • . 18.13.030 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. Public utility~and public service uses; . B . Public buildings, grounds and facilities; C. Public or private schools; D. Public park and recreation facilifies; , E. Ski lifts and tows; ~ ~ ~ . ' 328 ~ • ~ (Vai19-29-92) ' E PRIMARY/SECONDARYBESIDENTIAL DISTRICT F. Bed and breakfast as further regulated by Section 18.Sg•s 10; ~ ~ . ~ . G. Type II employee housing unit as set forth in Section 18.57.050. (Ord. 8(1992) § .12: Ord. 31(1989) § 2: n~• 30(1977) §.2 (part).) 18.13.040 Accessory uses. The following accessory uses shall be permitted: A. Private greenhouses, toolsheds, playhouses, garages or car- ports, swimming pools, patios, or recreation facilities cus- _ tomarily incidental to single-family and two-family residential _ uses: ~ ~ ~ r B. Home occupations, subject to issuance of a home occupation . permit in accord with the provisions of Chapter 18.58; C. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. . (Ord. 30(1977) § 2 (part).) . 18.13.050 Lot area and site dimensions. The minimum lot or site area shall be fifteen thousand square feet of buildable area, and each site shall have a minimum frontage of thirty feet. Each site shall be of a size and shape capable of . enclosing a square area, eighty feet on each side, within iu boundaries. (Ord. 12(1978) § 3 (part): Ord. 30(1977) § 2 (part).) ~ ~ 18.13.060 Setbacks. ~ ~ . ~ . In the primary/secondary residential district, the minimum front ~ ~ ~ ~ . setback shall be twenty feet, the minimum side setback shall be fifteen feet, and the minimum real setback shall be fifteen feet. (Ord. 50(1978) § 2 (part).) 18.13.075 Height. For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet. For a sloping roof, the height of buildings shall not exceed thirty-three feet. (Ord. 37(1980) § 2 (part).) ~ ~ 329 . (Vail9-28-92) • ZONIIJG ~ ~ . 18.13.080 Density control. ~ ~ • A. 1\Tot more than a total of two dwelling uniu shall be permitted ~ on each site with only one dwelling unit permitted on lou less than fifteen thousand square feet. • The following GRFA shall be permitted on each site: ~ ~ 1. Twenty-five square feet of GRFA for each one hundred ~ . square feet of the first fifteen thousand square feet of site .area; plus 2.: Ten square feet of GRFA for each one hundred square feet of site area over fifteen thousand square feet, not to exceed . -thirty thousand square feet of site area; plus ~ . 3. Five square feet of GRFA for each one hundred square feet ~ ~ . ~ • of site area in excess of thirty thousand square feet. ]n addition to the above, four hundred twenty-five square ~ ~ ~ . feet of GRFA shall be permitted for each allowable dwelling ~ ~ • unit On any site containing two dwelling units, one of the uniu shall not exceed forty percent of the total allowable GRFA. No Primary/Secondary Residential lot except those located entirely in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a Primary/Secondary dwelling. Notwithstanding the foregoing, a Type I EHU may be permitted on lou of less than fifteen thousand square feet in accordance with Section 18.57.040 of the Municipal Code of ~ . ~ ~ ~ ~ . ~ _ the Towrt of Vail. ~ • _ • • B. Notwithstanding the provisior>s of subsection A of this Section ~ • • . 18.13.080, a Type I EHU shall be permitted on lou of less than fifteen thousand square feet in accordance with Section 18.57.040 of the Municipal Code of the Town of Vail. (Ord. 8(1992) 13, 14: Ord. 37(1990) § 5: Ord. 19(1990) § 1: . Ord. 12(1988) § 4; Ord. 23(1986) § 1: Ord. 23(1981) § 2: Ord. 22(1981) § 1 (part): Ord. 35(1980) § 1: Ord. 22(1979) § 1 (pan): - ~ Ord. 12(1978) § 2: Ord. 30(1977) § 2 (part).) ~ . 330 ~ • ~ . (Vail 9-29-92) . PRIMARY/SECONDARY RESIDEI~'TIAL DISTRICT ~ . • 18.13.081 Appeal to planning commission. A. An appeal to the planning commission from a decision of the . • community development deparment may be made by the applicant, adjacent property owner, or the town manager. The planning commission can also call up such decisions by a - - majority vote of those commission members present. ~ - . B. For all appeals, the appeal must be filed in writing within ten days following the decision or the decision must be called up by the planning commission at their next regulazy scheduled meeting. . C. The planning commission shall hear the appeal within thirty ~ days of its being filed or called up, with a possible thirty-day . extension if the commission finds that there is insufficient ~ ~ ~ ~ information. ~ = - ~ - D. The decision of the community development department shall - ' . become final after the time for such an appeal or Gallup is exhausted without any formal appeal. (Ord. 22(1981) § 2 (part).) 18.13.082 Appeal to town council. A. An appeal to the town council from a decision by the planning commission may be made by the applicant, adjacent property owner. or by the town manager. Town council can also call up ~ . a decision of the planning commission by a majority vote of ~ - those council members present. ~ - B. For all appeals, the appeal must be filed in writing within ten - days following the decision or must be called up by the town ~ ~ - - council at their next regularly scheduled meeting. - . . C. The town council shall heaz the appeal within thirty days of its - being filed or called up with a possible thirty-day extension if ~ ~ - • the council finds that there is insufficient information. ~ ~ - ~ ~ . (Ord. 22(1981) § 3 (part).) ~ ~ ~ 18.13.090 Site coverage. Site coverage shall not exceed twenty percent of the total site • - . area. (Ord. 41(1990) § S: Ord. 30(1977) § 2 (part).) ~ 330-1 ~ ~ • (Volt 9.29-92) ~ - , ZONII~'G _ 18.13.110 Landscaping and site development. At least sixty percent of each site shall be~ landscaped. The ~ ~ ~ ~ ~ ~ . minimum of any area qualifying as landscaping shall be ten feet (width and length) with a minimum area not less than three hundred square feet. (Ord. 30(1978) § 2 (part).) • 18.13.120 Parking. Off-street parking shall be provided in accordance with Chapter 18.52. (Ord. 30(1977) § 2 (part).) Clr~rter 113.1 i ~ RESIDENTIAL CLUSTER (RC) DISTRI Sections: 18.14.010 Purpose. • 18.14.020 Permitted uses. 18.14.030 Conditional uses. 18.14.040 Accessory uses. 18.14.050 Lot area and site mensions. 18.14.060 Setbacks. 18.14.080 Height. • . 18.14.090 Density co rol. 18.14.110 Site cov age. _ ~ . 18.14.130 Lands ing and site development. ~ . 18.14.140 Par g. 18.14.010 Purpose. The re dential cluster district is intended to provide sites for single-f ily, two-family, and multiple-family dwellings at a densi not exceeding six dwelling units per acre, together with su public facilities as may appropriately be located in the same strict. The residential cluster district is intended to ensure adequate 330-2 ~ ~ ~ • . (Vail 9-29-92) , PLANNING AND ENVIRONMENTAL COMMISSION April 11, 1994 AGENDA Protect Orientation/Lunch 11:00 a.m. Discussion on making motions/Tom Moorhead. , Site Visits ~ 12:00 p.m. Dauphinais Weiman/Reiss Westin Lionshead Center Dickenson 1 Drivers: Andy and Mike Public Hearing 2:00 p.m. 1. A request for a minor SDD amendment to allow a' modification to the approved access and landscaping at the Westin Resort located at 1300 Westhaven Drive, more specifically described as: CASCADE LODGE JOINT VENTURE (Westin Hold) That peA of the SW 1 /4 NE 114. Section 12, Township 5 South, Range 81 Wesl of the Sizlh Principal Meridian, Town of Vail, Eagle Cwnry, Colorado, described es ldlows: Beginning at a point on the soNhedy boundary of the percd.ol lard shown on the Condominium Map for the Colorado Mountan Condominiums recorded n Book 387 al Page 620 in the oflice of the Eagle County, Coorado, Clerk and Retarder, whence the most soutlrerly oorrrer of said pared bears S 52°50'29' W 14.16 feet distant; thence the IoBowing nine wurses along the southedy boundary of said parcel: (1) N 52°50'29' E 49.161ee1; (2) N 37°7245' W 12.341eet (3) N 52°4T15' E 1.001ee1; (41 N 37°12'45' W 1.301ed; (5) N 5747'15' 42.601ed; (6) N 37°12'45' W 8.701eet {7) N 52°47'15' E 15.00 teat (8) S 37"12'd5' E 22.401ee1; (9) N 52°50'29' E 35.28 teal; thence departing said soulhedy boundary N 52°50'29' feel; thence S 37°09'31' E 45.34 feet thence N 52°50'29' E 48.70 teal; (hence S 37^0991' E 9.601eet (hence N 52°50'29' E 80.001e~t; hence 5 37°0931' E 220.02 lest to Gae Creek; thence the fdbwirg four Courses along Gore Creek: (1) S 49°26'36' W 76.d51ee1; (T S 22°3136' W 124.471ae1; (3) S 53°37'36' W 119.341ee1; (4) S 65°31'36' W 14.581ee1; Ihenee N 37°09'31' W 116.65 feet to the pdm o1 beginning contairtirg 110,200 square feet or 2.49 acres, more ar less. ' PLAZA SURE That pan of the SW 1/4 NE 1/4, Section 12. Township 5 South, Range Bt West of he Sizh Prktdpel Meridian. Town of Vail, Colorado, ~~J as fdlows: Beginnvg at the moat northerly comer of Condorrtirtium Map of Cdorado Mountain Condominiums according to he map thereof reconfed in Bodo 387 at Page 620 in he office of Eagle Counry. Colorado. Clerk end Reconier, whence an iron pin whh plastic tap meddng the cents of said SecOOn 12 beers S 34°50'58' W 964.37 lest; thence N 56"48'44' E 106.67 teat thence 79.97 leer along the me of a curve to the felt having a radius o1 1121.72 feet: a Centel angle o! 06°05'04', and a chord that bears N 54'46'13' a 79.95 teat thence N 52°43'41' E 28.82 teat; thence 5 37°09'31' E 105.76 feet; thence S 52°50'29' W 25.00 lest thence S 37°0931' W 25.00 feel; thence S 52"50'29' E 80.00 feel; (hence 5 52°50'29' W 15.00 feet; thence 5 37°09'31' E 16.78 feet; thence 552°50'29' W 21.301eet lhenca S 37°09'31' E 9.60 feet; thence S 52°50'27 W 80.001e~t: (hence N 37`0531' W 9.601eet (hence 5 52°50'29' W 48.701aet Ihenee N • _ 37°0531' W 45.34 feet: thence S 52"50'29' W 56.86 lest to the northeasterly Gne of said Condominium Map of Coorado Mountain Condominiums; Ihente the Idlowirg Three couraes abng said noAheasterly Gne: (1) N 37°0531' W 55.00 teat (2) N 07°50'29' E 45.00-teat; (3) N 37°09'31' W 80.40 feet to the point of beginning, containing 1.000 arras, more or less. Applicant: Vail Ancillary Trust, d/b/a The Westin Vail Resort Planner: Andy Knudtsen 2. A request for a setback variance to allow for an expansion to the residence located at 4295 Nugget Lane/Lot 7, Bighorn Estates. Applicant: Margaret Gross Planner: Randy Stouder 1 1 3. A request for a minor subdivision and to rezone a tract from Primary/Secondary Residential to Low Density Multi-Family, located at 2850 Kinnickinnick Road/more specifically described as follows: A parcel of land in the Southwest Ouarler of Section 14, Township 5 South. Range 81 Well of 1ha 6th Principal Meridian, more paniwlady described ea foNows: Begfininy at a pant whence a brass cap set for a witness comer for the West Ouaner of said Section 14, bears (North 29 degrees 28 minutes 51 records West. 1073.08 feet Deed) (Nosh 43 Degrees 15 minutes 02 records West, 915.96 feel Measured); Thence Nosh 7a degrees 05 minutes 19 aecorda East, 10.76 feel; Thence 183.62 feet abng the arc of a curve to the right which are subtends a chord bearing NoAh 88 degrees 12 minutes 30 accords Eest, 181.76 feet; Thence South 77 degrees 40 minutes 21 accords East. 62.77 feel; Thrmce 147.43 lest along ' the arc of a grrve to the left which arc subtends a chord bearing North 86 degrees 36 ntinules 17 seconds Eesl, 145.60 feet: Thence North 70 degrees 52 minutes 55 records East, 406.55 lest; Thenr» 54.10 lest slang fie arc of a curve to the right which arc subtends a chord bearing South 47 degrees 20 minulas 37 seconds Eesl, 4420 feet; Thence South 14 degrees 25 minutes 50 seeoMs Well, 110.51 lest: Thence South fib degrees 18 minutes 91 retards West, 320.00 leer; Thence NoAh t 9 degrees 07 minuses OS records West, 50.00 lees; Thence South 77 degrees 48 minutes 41 seconds West, 160.18 leer; Thence South 10 degrees 53 minulas 33 secanda Wesl, 36.481eet; Thence NoAh 87 degrees 40 minutes 06 seconds West. 337.721ee1; Thence (NoAh 11 degrees 52 minutes 13 seconds Eesl, 130.00 lees Deed) North 11 degreer 55 minutes 31 seconds East. 129.751ee1 Measured) to the POINT OF BEGINNfNG. Bearing from G.L.O. record for South hall of Section line between Sections 14-15. (G.L.O. record South 01 degrees 30.2 minuses East) (South Ol degrees 3H minutes 32 seconds East Measured) Applicant: Juanita I. Pedotto Planner: Andy Knudtsen 4. A request for a minor subdivision and a wall height variance to allow for the construction of an avalanche mitigation wall located at 4229 Nugget Lane/Lot 6, Bighorn Estates. Applicant: Helen Dickenson Planner: Mike Mollica 5. A request for a minor SDD amendment and a minor subdivision to vacate the lot line between Parcel D and Tract C, located at 1320 Morraine Drive/Parcel D, Lionsridge Filing No. 3, and Tract C, Dauphinais Moseley Subdivision. Applicant: Pat Dauphinais Planner: Jim Curnutte 6. A request for a major CCII exterior alteration and setback variance to the Lionshead Center Building to allow for the expansion of the Vail Associates offices located at 520 Lionshead Mall/Lot 5, Block 1, Vail Lionshead 1st Filing. Applicant: Vail Associates, Inc. Planner: Andy Knudtsen 7. A request for a minor subdivision for two Primary/Secondary lots located at 2682 and 2692 Cortina Lane/Lots 9 and 10, Block B, Vail Ridge Subdivision. Applicant: Hans Wiemann and Helmut Reiss Planner: Andy Knudtsen 8. A request for preliminary plat approval of a major subdivision (Trappers Run)' on Lots 16, 19 and 21, Section 14, Township 5 South, Range 81 West, generally located north of I-70 and west of the Vail Ridge Subdivision. Applicant: John Ulbrich, represented by Gateway Development Planner: Jim Curnutte TABLED TO APRfL 25, 1994 2 9 9. A request for variances to allow for off-site parking, GRFA in the front setback, and site coverage to allow for a new Primary/Secondary residence located at 1799 Sierra Trail/Lot 17, Vail Village West 1st Filing. Applicant: George Plavec Planner: Mike Mollica TABLED TO APRIL 25, 1994 10. A request for a wall height variance and driveway slope variance to allow for a driveway to exceed 10% located at 2445 Garmisch Drive/Lots 10 and 11, Block H, Vail das Schone 2nd Filing. Applicant: Steve Sheridan and Adam Szpiech Planner: Andy Knudtsen , TABLED INDEFINITELY 11. Approve minutes from March 28, 1994 PEC meeting. 12. Council Update: •Trappers Run •Cornice Building •Todger Anderson Appeal •Joint Council/PEC/DRB worksession on Alpine Design, April 26, 1994, Tuesday Afternoon, Council Chambers. •Vail Mountain School appeal. 13. Discussion of landscape requirements for 44 Willow Place. Planner: Andy Knudtsen 14. Discussion of procedures for making motions. 3 } ~ ~ 1 ~ ~c.~~ . i MEMORANDUM TO: Vail Town Council FROM: Kristan Pritz DATE: April 6, 1994 SUBJECT: Research on guarantees for full completion of construction projects within the Town of Vail ::::>:>:::;:>::>::>::::<:::::«:::;;:<:»: The Town Council requested that the staff investigate whether there were any sections of our code that could be used to guarantee the full completion of construction projects. To date, staff has not been able to find a section of the Code that would fully address this Council concern. Recently, Code Section 17.16.250 was given to the Council. This section of the Code is used for major subdivisions. It has not been used with construction projects such as the Sonnenalp, the Christiania, etc. The staff does have a section in the Design Review Guidelines which allows us to obtain a bond or letter of credit to cover landscaping, site improvements, and the paving of parking areas once a Temporary Certificate of Occupancy is requested. Please see the attached Section 18.54.110. To my knowledge, the Town of Vail has not required a builder or developer to bond or provide a letter of credit to cover the cost of construction for a project other than a major subdivision. If you have additional questions about this issue, please let me know. 1 3;..5/94 Council: In re: the further question posed at Tuesday's workse`sid~, I have included the ode cite t outli the o ss~for gu antee' g ull c ple on of proje A a examp e, t s req i ent as een s,ed r th fol wi proj'ects, as we a oth rs: Son enalp, Chr tia 'a, Ga_tew ~ I, Sp d ~ e Cree Simba; ere Brid Fores len Subd ion. . MAJOR SUBDIVISION be required by this title or regulations of the town. No permits shall be granted or authorization to proceed in the event final approval is not granted or the provisions of Section 17.16.200 are not satisfied. No permits shad be issued, or said permits may be withdrawn, if any project proceeds or attempts to proceed not in conformance with either the approved EIR or the final plat and associated material as approved. (Ord. 2(1983) § 1 (part).) 17.16.250 Guarantee for completion and maintenance of f~r~n'' improvements.. ~~r-_<~ A written agreement between the town and the subdivider shall be required in order to guarantee the construction and ~ - maintenance of required improvements. Said agreement shall cover one hundred percent of the current estimated cost of the improvements at the time they are to be installed as computed by the town engineer and approved by the town manager. The agreement shall provide all information necessary to allow the town engineer to formulate an estimate. The guarantee shall be in the form of a cash escrow with the town, or a bank or savings and loan association; or an irrevocable sight draft or letter of commitment from a financially responsible lender; and shall give the town the unconditional right, upon default by the subdivider to withdraw funds upon demand to partially or fully complete and / or pay for any improvements or pay any outstanding bills for work done thereon by any party. The subdivider shall also agree to warranty all improvements for a period of one year after acceptance by the town. No building permit or certificate of occupancy shall be issued within the subdivision if said agreement is in default until th;e deficiencies are corrected. The agreement shall be recorded along with the final plat. (Ord. 2(1983) ~ 1 (part).) 17.16.270 Improvements -Inspection required. As portions of the improvements to be dedicated to the town - are completed; the town engineer shall inspect them, and upon approval and acceptance, he shall authorize the release of the agreed estimate for that portion of the improvements except that 291 i DESIGN REVIEW - 18.54.080 Administrative policies. A. A decision that may be made by the zoning administrator shall be made within ten days of reception of a complete application and the supporting materials. If a decision is not made within ten days of reception of the complete application and materials, the application shall be deemed approved. The _ - zoning administrator shall transmit to the design review . ~ board a summary of all decisions made by him at the next _ meeting of the design review board. B. A decision of the zoning administrator may be appealed to the design review board by the applicant, adjacent property owner, the town manager, or at the request of the design . review board at any time before the decision becomes final. C. The decision of the zoning administrator shall become final if no written appeal is made to the design review board within seven days of the design review board's receipt of the summary of the decision from the zoning administrator. D. The design review board shall consider the appeal in the same manner as the board considers all other applications coming before it. (Ord. 39 (1983) § 1.) 18.54.090 Appeal to town council. A. An appeal to the town council may be made by the applicant, adjacent property owner, or by the town manager. The town council can also call up matters by a majority vote to those council members present. B. For all appeals, the appeal must be filed in writing ten days following the decision or must be called up by the town - _ ~ council at their next regularly scheduled meeting. C. The council shall hear the appeal within thirty days of its ' being filed or called up with a possible thirty day extension if ' ~ " ~ the council finds that there is insufficient information. (Ord. 39 (1983) § 1.) 8.54.100 Enforcement. -~$e~ore occupying or using any structure included in a design review appiication, the applicant must obtain an occupancy 454k w~i ~ i-is-s3~ DESIGN REVIEW BOARD AGENDA April 6, 1994 3:00 P.M. PROJECT ORIENTATION 12:00 p.m. - 1:30 p.m. SITE VISITS 1:30 p.m. - 3:00 p.m. 1. Police Addition - 75 South Frontage Road. 2. Taco Bell -West Vail Mall. 3. Bannister - 2930 Snowberry Drive. 4. Lionshead Center Condominiums - 520 Lionshead Mall. 5. Concert Hall Plaza - 616 West Lionshead Circle. 6. Holiday House Condominium Association - 9 Vail Road. 7. Krediet - 226 Forest Road. 8. Curtin Hill Sports - 254 Bridge Street. 9. Culshaw - 5025 Main Gore Drive. Drivers: Randy and Andy 1. Wieman -New single family residence. RS 2642 Cortina Lane/Lot 6, Block B, Vail Ridge. Applicant: Hans Wiemann MOTION: J. Bowen SECOND: S. Brainerd VOTE: 4-0 (B. Borne not present for vote) Approved. 2. Krogmann -Residential addition. RS 2757 Davos Trail/Lot 1, Block F, Vail Das Schone 1st Filing. Applicant: Juergen Krogmann and Monica Roth MOTION: S. Brainerd SECOND: B. Borne VOTE: 5-0 Approved. 3. Kempf -New duplex and two 250 requests for demo/rebuild of duplex with EHU. RS 1358 Vail Valley Drive/Lot 21, Block 3, Vail Valley 1st Filing. Applicant: Chris Kempf MOTION: B. Borne SECOND: H. Woldrich VOTE: 4-0-1 (S. Brainerd abstained) Approved with conditions: 1) Modify retaining wall at primary unit garage corner to meet zoning ordinance requirements -wall to be stepped. 2) Stone on lower level to be "Sonnenalp" moss rock with sandstone cap as discussed (4" x 2" top cap). 3) Deck railings to be modified to be 1/2" diameter vertical, circular steel on 4" centers. 4) Applicant to request to DRB within 2 weeks on progress with "view issue" with Kochman's. 4. D'Agostino/Dayco Holdings -New single family residence. RS 1280 Spraddle Creek Drive/Lot 10, Spraddle Creek Estates - Applicant: Dayco Holdings/Luis D'Agostino MOTION: J. Bowen SECOND: H. Woldrich VOTE: 5-0 Approval. 5. Cornice Building -New single family residence. JC 362 Vail Valley Drive/A part of Tract B, Vail Village 1st Filing. Applicant: David Smith MOTION: B. Borne SECOND: S. Brainerd VOTE: 5-0 Tabled to April 20, 1994. 6. Culshaw -Conceptual review of new duplex. JC 5025 Main Gore Drive/Parcel 5, Sundial, Phase I. Applicant: Peter and Cathy Culshaw MOTION: SECOND: VOTE: Conceptual - no vote taken. 2 r 7. Curtin Hill Sports -Sign variance. RS 254 Bridge Street/Part of Lot C, Block 5-C, Vail Village 1st Filing. . Applicant: Teak Simonett/Jack Curtin MOTION: B. Borne SECOND: S: Brainerd VOTE: 5-0 Approved with conditions. 1) Not to forward recommendations to Town Council until previous conditions of approval are completed. 2) Staff conditions 1 and 2 from memo. 8. Taco Bell -Sign application. RS West Vail Mall/Lot 2A, A resubdivision of Lot 2, Vail das Schone 3rd Filing. Applicant: Fred Turner MOTION: S. Brainerd SECOND: B. Borne VOTE: 5-0 Approved with conditions. 1) All white sign. 2) "Gas filled" window sign - no neon. 9. Krediet -Conceptual review of remodel and addition. RS 226 Forest Road/Lot 11 A, Block 7, Vail Village 1st Filing. Applicant: John Krediet MOTION: SECOND: VOTE: Conceptual - no vote taken. 10. Holiday House Condominium Association -Repaint of exterior. RS 9 Vail Road/Lots A, B and C, Vail Village 2nd Filing. Applicant: Bruce Gillie MOTION: S. Brainerd SECOND: B. Borne VOTE: 5-0 Tabled to April 20, 1994 -comments made/changes necessary. 11. Bannister -Conceptual review of new single family residence. RS 2930 Snowberry Drive/Lot 20, Block 9, Vail Intermountain. Applicant: Frank Bannister MOTION: SECOND: VOTE: Conceptual - no vote taken. 3 12. Lionshead Center Condos -Addition. AK 520 Lionshead Mall, #208/#209 and #308/#309/Lot 5, Block 1, Vail/Lionshead 1st Filing. Applicant: Bill Pierce MOTION: B. Borne SECOND: S. Brainerd VOTE: 5-0 Approved. 13. Concert HaII Plaza -Sign variance. MM 616 West Lionshead CircleNail Lionshead 4th Filing. Applicant: Concert Hall Plaza/Mark Matthews, Slifer MOTION: B. Borne SECOND: S. Brainerd. VOTE: 5-0 Recommendations for approval, per staff memo, with five conditions. 14. Police Addition -Color change to wood siding. MM 75 South Frontage Road/Municipal Building. - Applicant: Jeff Layman, Town of Vail Police Department Joe Miller, Project Architect MOTION: SECOND: VOTE: - Tabled to April 20, 1994 -Need color sample before final vote. 15. Strate -New single family residence. JC 1390 Sandstone Drive/Lot G-5, Lionsridge Subdivision 2nd Filing. Applicant: George Strate MOTION: SECOND: VOTE: Tabled to April 20, 1994. 16. Tondre -New single family residence. JC 1390 Sandstone Drive/Lot G-5, Lionsridge Subdivision 2nd Filing. Applicant: Brice A. Tondre MOTION: SECOND: VOTE: Tabled to April 20, 1994. 4 17. Sundial, Parcel 1 -New single family. AK 5036 Prima Court/Lot 1, Sundial Phase I. Applicant: Mike Lauterbach MOTION: SECOND: VOTE: Tabled to May 4, 1994. MEMBERS PRESENT MEMBERS ABSENT Mike Arnett Bob Borne Sally Brainerd Hans Woldrich Jeff Bowen (PEC) STAFF APPROVALS Susman -Remodel. 4696 East Meadow Drive, Bldg. E, Unit 16/Mountain Meadows Condominiums. Applicants: Morris and Ellen Susman Grainger -Skylights. 433 East Gore Creek Drive/Part of Block 4, Vail Village 1st Filing. Applicant: Nancy Grainger Jackson-Rome (Slifer) -Minor exterior changes to DRB approved drawings. 1045 Homestake Circle/Lot 3, Block 1, Vail Village 8th Filing. Applicant: Beth Slifer Christiania Realty -Menu box. 356 Hanson Ranch Road/Lot D, Block 2, Vail Village 1st Filing. Applicant: Paul Johnston . Lazier -Window addition. 531 East Cionshead Circle/Lionshead Arcade Building. Applicant: Bob Lazier Gordon -Wall sign. 2077 North Frontage Road/Lot 39, Buffer Creek Subdivision. Applicant: Fred Gordon Arnold -Kitchen and bath remodel. 3954 Bighorn Road, Unit 6W/Gore Creek Park Subdivision. Applicant: Andrew W. Arnold 5 Regal -Minor alteration, repaint of exterior trim. 1079 Sandstone Drive/Lot A3, Block A, Lionsridge 1st Filing. Applicant: Walter Regal - _ Kirch - New single family and 250 GRFA addition for new storage above the garage. 4316 Streamside Circle West/Lots 2 and 3, Bighorn 4th Addition. Applicant: Walter Kirch Casa Del Sol Condominiums - Reroof building. 2065 West Gore Creek Drive/Casa Del Sol Condominiums. Applicant: Casa Del Sol Homeowners Association 6 v MEMORANDUM TO: Town Council and Art in Public Places Board FROM: Kristan Pritz DATE: April 6, 1994 SUBJECT: _ Sculpture by Chuck Parson On April 6, 1994, Sybil Navas and I were invited to attend a meeting to discuss a proposed art project. Chuck Parson, the sculpture, is proposing to create a poem on Vail Mountain. The words of the poem would be carved into the snow. Although a specific site has not been selected, at the meeting it was discussed that the back bowls, Category III, or possibly Golden Peak would be good sites for the project. I have enclosed information from the meeting. In general, people in attendance were supportive of the project. Vail Associates agreed to bring the artist up on the mountain to look at some potential sites. The next meeting is planned for May 6, 1994 at 11:00 a.m. at the Vail Valley Foundation Conference Room. If you have any questions, please contact Sybil or myself. (1~ ~ ~~r~~ J 1 ' (i I Proposal for Temporary Site~pecific Art Event by Charles Parson ©1994 "This is the essence of the West; the grandeur of nature, the insignificance of human beings. (Treat cities have sprung up all over the region, but between them lie vast stretches of magnificent wilderness . ...and the spirit of the Wild West is still alive. 'excerpt from L/FEMAGAZINE 1993, April Issue Charles Parson "DISSOLVE" ©1994 t "Fade away dissolve, and quite forget what thou among the leaves halt never known" from Ode to a Nightingale by John Keats DISSOLVE ...involves the creation of an art experience for the casual passerby, but will become a destination point over several weeks as word of its existence becomes known. John Keat's poem Ode to a Nightingale is to be carved into a mountain side of snow. Gradually, the words will melt into the slope and provide observers with an engaging and ever-changing visual presentation. The major thrust of the work is to visually, physically, literally and symbolically blend a written poem with the natural poetry of the landscape, bringing attention not only to the specific beauty of the surroundings but to the beauty of time through transition from one season to the next. The viewers hopefully will be left with a memory of the process, the natural process of change and a sense of involvement in attempting to ascertain when the poem melts into the mountain and the event is over. This is amulti-dimensional Art Event in which an individual artist, a poem from the past and a community of the future merge with government agencies, private businesses, the arts community, the entertainment/tourist industry and local residents. All have opportunities to participate in a celebration of the majesty and scale of the Rocky Mountains. " Charles Parson "DISSOLVE" ©1994 Marketing • A nationally profiled event. . • A positive, celebratory art and environmental statement. Procedure • Use of environmentally sound methods and equipment. • Development of preliminary drawings. • Surveying the site of the event. • Computer composites of actual mountain side. • After testing, sculpt letters with light duty Bobcat tractor. Each letter form final dimension 20' x 20'. • Ridge of snow created around edges of letters, interior carved out. • Natural melting and additional snowfall will advance or delay the natural depletion of snow in the thinnest layers. Ultimately the grass will be exposed as some snow will stay around the perimeter. Funding • Developed from individual and private sector businesses upon acceptance of proposal to community. • Approximate costs at this time: $25,000. • In kind donations of housing, equipment, expertise, food and advertising will also be sought. Charles Parson "DISSOLVE" ©1994 ~ = Proposed Schedule 1994-Late Spring • Agreement to proceed. _ Specific drawings created (of Vail slopes). • Initial contacts to seek appropriate permissions from private, city, state and federal agencies. • Formulation of contracts. • Insurance requirements and agreements. • Establishment of funding search. • Establishment of in-kind services. • Beginning of marketing approach. • General facilitation of artist's concerns by agent Peggy Mangold; ARTYARD, Denver. • Site-specific drawings for both development of work as well as ARTYARD sponsored poster; possible collaboration with Vail based group. • Photos of melting of slopes from April.l5-June 15 on weekly basis to ascertain melting patterns and time factors. • Measuring; rough summertime blockouts. • Tests; on-site and studio based. • Safety checks; Parson crew analysis; on-site visits. • Possible introduction to community to integrate idea into culture of the coming year. 1994-Fall • Pre-ski dry land and landmark measuring. • Publicity photos. • Support systems for team confirmed (housing, food, schedule). • Publicity program either independently or tandem activated. • Funding confirmed; accessed. • Permissions confirmed. • Insurance confirmed. • Poster developed and printed. • Presentation to City and community of final plans. • Documentation scheduled. • Arts Council agreements. • Equipment confirmed; adaptive arms fabricated. • Maintenance program confirmed. • Date set to start project. 1995-Spring • 10 day advance preparation for installation. • Weather contingencies. • Approximate construction date is immediately after ski season is over. cnar~es Parson "DISSOLVE" ©1994 Charles Parson 2551 Brentwood Lakewood, Colo. 80215 303 / 238 - 2706 SELECTED INDIVIDUAL EXHIBITIONS EDUCATION ' 1994 Loveland Art Museum, Loveland, Colorado, Twilight of the 1970-72 Cranbrook Academy of Art, Bloomfield Hills, Michigan Individual Space, drawings, wall constructions, sculptures. MFA in Painting, Minor in Materials Technology 1993 1966-70 Kansas City Art Institute, Missouri Summer Ariyard Gallery, Working Drawings, realized/unrealized projects BFA in Painting and Drawing, Minor in Printmaking 1992 1962-66 AE. Backus Studio, Fort Pierce, Florida May-June Leedy-Voulkos Art Center, Kansas City, Missouri. Connections, drawings, prints, wall constructions, and sculptures SUPPLEMENTAL STUDIES 1991 _ May-June Arlyard Gallery, Denver. Memorials to the Living, inUext drawings, Vdeo: Western States Film Institute constructions, and sculptures. Performance: Munt-Brooks Dance Company 1989 Summer Artyard Gallery, Denver. Earth on a Pedestal, inUext sculptures, ART EVENT 8 PERFORMANCE WORKS drawings, constructions and prints. Jan-Mar F.C.I., New York, NY. One-man Exhibit, wall constructions, 1993 dimensional drawings and prints. May-Sept. Museum of Outdoor Arts, Denver, Colorado. Earth Line, 1988 - Approx. 900' long. November Philip J. Steele Gallery, Denver. Void, 22'x28' interior installation, 1994 wall constructions. September Kansas City City Art Institute, Kansas City, Missouri, Home Ground, Mar-Apr Edge Art Gallery, Denver. Ocean Gate, new wall constructions, 125' x 125' x 6' visiting artist. drawings, sculpture. Mar-May Connemara Conservancy, Dallas, Texas. Collaborative Installation 1987 ~ with Bruce Taylor, 11 Framed Landscapes, Approx. 1000' long. Spring Colorado Governor's Mansion, Denver Center for the Performing 1991 Arts, and Governor's Executive Office. Received Governor's May Changing Scene Theater, Denver. Memorials to the Livirig, Awards for Excellence in the Arts Commission for four wall-hung performance works, modern dancers, music, sculpture, movement paper constructions and exhibitions for these and other works. spoken word. New works shown in the theater's lobby gallery. 1986 1991 Winter Artyard Gallery, Denver. One-man Exhibit June Private memorial work, 6 hr. waterwork and floatation. Appalachian December Grant St. Art Center, Denver. In Sequence, recent wall Mountains, Hazard, KY constructions, prirrts, sculptures. 1989 - Aug-Nov Republic Plaza, Denver. Interior sculptures ftom last ten years. September APEX Corp., New York, NY. Earth Shadows, commissioned work Summer Lincoln Arts Center, Fort Collins, Colo. One-man Show and 6'x16' wall construction. ' Installation, Slash. 1988 1985 March Changing Scene Theater, Denver. Transitions in Time and Space, Fall Atwell Art Gallery, Colorado Springs. Recent Works. six separate performance works using modern dancers, original Fall Grover Gallery, Denver. Separation, dimensional lithographs. music, sculpture and projections. Also works exhibited in theater's Spring Sangre De Cristo Arts Center, Puebla, Colo. Low Tide on the High lobby gallery. Plains, interior installation, drawings and constructions. Winter Power Plant Art Center. Ft. Collins, Colo. Blue Springs, 1984 installatioNenvironments exhibit, five-person show, two-story tall Fall 55 Mercer Gallery, New York , NY. Between the Lines, sculptures, interior installation of Plexiglas, string, steel, and hardware. drawings, wall constructions- 1986 1983 December Denver Art Museum, Ice Floe, 60'x30' installation., 5 tons of ice Fall Denver Metro area. Art in the Streets, exterior sculptural drawings. plus steel. Phase 1: ten billboard-size drawings mounted on exterior of Denver 1985 buildings, 15th St. Phase 2: Forty separate drawings mounted on March Sangre de Cristo Arts Center, Pueblo, Colo. Two performance works rear advertising panels of metro taxis. Fall Inkfish Gallery, Denver. One-man Exhibit (in conjunction with High Plains installation) with sculptor and musician. March Nimbus Gallery, Dallas, TX. Individual exhibition. 19~ 1981 August Denver Art Museum, performance with musician Mary Jungerman, March Schwayder Gallery, University of Denver. Continuance, interiodexterior YA. Program. , and performance. Spring Tour of Denver area public schools, Young Audiences Series, February Inkfish Gallery, Denver. Concurrent Continuance exhibit. MusicalMsual Collaborations. 1979 1982 November St. Charles on Wazee Gallery, Denver. Drift, intJext. installations. Spring Tour of Denver area public schools,Young Audiences Series. Score, 1978 collaboration with musician. October Sebastian Moore Gallery, Denver. Echo Series, sculpture, 1881 drawings, constructions. August Platte River, Downtown Denver,. Lineage, 400 ft. ice installation and 1977 10 performers. April 1235 Wazee Alternative Space, Denver. Corridors. February Schwayder Gallery, Univ. of Denver. Continuance, performance 1976 works utilizing modem dancers and musicians concurrent wfth exhibit. March Changing Scene Gallery, Denver. M-Blue, End to End, installation 1979 February Joseph Magnin Gallery, Denver. Seven Elements, sculpture, wall August Lorimer Square, Denver. AitandArchitecture, commissioned constructions. sculptural performance installation. 1875 Atlas Metal & Iron, Corp. Wall construction 25'x100'. January Changing Scene Gallery, Denver. Environment. 1878 1974 October Changing Scene Theater, Denver. Echo Series, five performance works using November Changing Scene Gallery, Denver. Spring Canyon 2, sculpture, drawings. modern dancers composer, video and staged installations, and musicians. 1973 1977 April Saginaw Valley College Gallery, Saginaw, Mich. Spring Canyon. April 1235 Wazee, Denver. Corridors, installations with modern dancers 1971 original music. December Cranbrook Academy of Art, Bloomfield Hills, Mich. Installations 1876 1870 November Changing Scene Theater, Denver. Phrasing, commissioned sculptural January Ft. Pierce Art Museum, Ft. Pierce, FL. One-man Exhibit work for presentation of Five New Dances. r ~ ONSTAGE DESIGN ~ ~ 1984 Winter Claremont Galleries, Los Angeles. The Denver/Boulder Show, 1983 seven artists, l4 works by Parson. Winter Denver Center for the Performing Arts, Verdi's Requiem, artistic. Fall Inkfish Gallery, Denver. Inkfish Sculptors, Rickey, Bertoia, Parson, consultant on set. Cleo Robinson Parker Dance Ensemble. Day, Waters. 1981 Summer Arvada Center for the Arts and Humanities, Arvada. Three large Summer Telluride Dance Festival and Univ. of Colorado. The Love Song of works exhibited. Hilary Sparro, set design and poster. Modern dance by Barbara Summer Sculpture in the Park Boulder, Colo. Exterior work 4'x36'xt-1/2'. Gardner. Summer Inkfish Gallery, Denver. InkfishArtists. 1979 1983 January Changing Scene Theater, Denver. Nancy Mangus Dance Program, Winter NewAcquisitions to the Denver Art Museum Permanent Collection special effects. Winter Changing Scene Gallery, Denver. New works and installations. 1977 Fall Emmanuel Gallery, Denver. Other Than 2-Dimensional, inUext November Changing Scene Theater, Denver. More Than Yesterday, Less works. Than Tomorrow, stage design for multimedia dance choreographed Summer Inkfish Gallery, Denver. Ga1leryArtists. by Jan Locketz. 1982 1976 Summer Denver Art Museum Sculpture Garden. State of the Arts, ext November Changing Scene Gallery, Denver. Cow-Girl Ecstasy, set design for sculpture installation invitational premiere play by Michael Smith. Summer Inkfish Gallery, Denver. Gallery Show. March Changing Scene Theater, Denver. Coupling, set design and 1981 musical instrument design for modem dance choreographed by AI Summer Third Annual Sculpture in the Parr Boulder, Ext 7'x36'x10'. . Brooks, Munt-Brooks dancers. 1988 January Changing Scene Theater, Denver. The Ouannapowitt Quartet four October Schwayder Art Gallery, University of Denver. Faculty Exhibit, sets designed. Premiere play by Israel Horovitz. visiting artist. 1975 Summer Second Annual Sculpture in the Park, Boulder, ext 20'x110'x8'. March Tour of New Mexico and Colorado with Munt-Brooks Dance Co. 1879 Togetherand Apart, design of costumes, lighting, kinetic sculpture Summer first Annual VailOutdoarSculpture Exhibit, Vail. for multimedia production, emphasis on modern dance. Summer Twelve in the Park Boulder, exterior work 50'x9'x15'. 1978 SELECTED GROUP EXHIBITIONS Winter DenverArt Museum, FifthAnnua/ Colorado Invitational. ' Winter Foster Art Gallery, Univ. of Wisconsin, Eau Claire. New Directions i 1992 in Media, three person exhibR. February Denver Art Museum, Denver AfCA Exhibit Sculpture. Summer Maggie Kress Art Gallery, Taos, NM. Two Person Exhibit, Connelly March Plano AR Center, Dallas, Texas CannemaraArtists. and Parson May Sangre De Cristo Arts Center, Pueblo, Colorado, Faculty Exhibit 1876 1991 July Derner Museum of Natural History. Spree Arts Festival. August One West Art Center, Ft. Collins Diverse Works, Faculty Exhibit. 1871 November Purdue Galleries, Indiana, Prints, 60 square inches, National November Creative Arts Center, Pontiac, Mich. !1! Constructionists. Competition, Purchase Award. June-July One West Art Center, Ft. Collins. Installations. March Leedy Voulkus Art Center, Kansas City, Missouri. Prints. January YWCA Gallery, Denver. Screens Edge Gallery, Denver. Atmospheres, Parson/Steele two-person exhibit, wall constructions and wall installations. 1990 September Artyard Gallery, Denver. Value/Ua/ue, black and white works. June Philip J. Steele Gallery, Denver. 6/nstallationARists. April 1999 Broadway Gallery, Denver. Group Show--RMCAD. Jan-March Pyramid Art Center, Rochester, NY. Orders. 1989 Summer Aspen Art Museum, Colo. Colorado Sculpture, 20'x70' ext. installation. May Artyard Gallery, Denver. Group Show. 1988 Greater Deaver Chamber of Commerce, Fine Artists, RMCAD. Summer Artyard, Denver. fountains. Summer Greater Denver Chamber of Commerce, Five Regional Artists, sculptures, drawings. December City of Westminster, Colo. Acquisition for new City and County Building, 2 wall constructions, each 40'x60'x3'. 1987 November Emmanuel Art Gallery, Denver. Faculty Exhibit visiting instructor. Fall William Haw Fine Arts, Denver. Prints and wall constructions. Fall Arvada Center for the Arts and Humanities, Arvada, Colo. Colorado Drawing Show, group exhibit, four works including 18'x10' ' dimensional drawing. Parson's work teas been extensively reviewed and the subject of many Summer Colorado College, Colorado Springs. Public Sculpture, group exhibit, 110'x6' installation. feature articles. He has appeared numerous times on television and Summer Grant Street Art Center, Denver. Assemblage, group show. radio stations discussing his arL Plano Star Courier, Dallas Spring Artyard Gallery, Denver., Prints and wall constructions. Morning News, Artspace, The Chicago New Art Examiner, Art 1986 Fall Colorado Springs Fine Arts Center. Wall construction. Express, American Artist, The Denver Post, Rocky Mountain 1986 News, Westword, Straight Creek Jourrutl,llpper Larinrer Arks Fall Arne Hansen Art Gallery, Vail, Colo. and Times, The Las Angeles Times, Detroit Free Press, Miami Fall Artyard Gallery, Denver. Exterior sculptures by Colorado artists. Herald, Pontiac Press, Sculpture International, and Icon Arts 1985 Fall Arvada Center far the Arts and Humanities, Arvada. Colorado Artists. Journal are some of the publications in which his work and reviews have appeared. ` tS U~t ~ C.6v~c~ ~ ~ ~ ~~~i / 4 f ~ c~~ C51 ; M,t RxxS V: I ~ V i ~~sl~.c~ 28~^15(~5 I. _ _ ~~1/ - I .,iii ~ ! .iq `,econd Rv~ular SesaFOn y F ~tfty-ninth General Assembly l ~t3iF'AS~~y LL5 N0. 94-0565.01 ~~.aJ~~"~~; ~ HOUSE BILL 94- 1~7r# ,~Ia ~ ~ ~iF A"~'T~iz _ 7' ~-,/tr{,add T~ft S ~T.~q~'E.~~ F~Appp ~A1~9~6tc.~i~" S.r~ r s F,~~ ' H t~tyAwsf,~~OR~C ~ ~~}rtg5'-7.f'L.~ BY itEPfiESENTATIVE S May;!~lawrence, Martin, Pdnkey. Fleming, Pfiffner, Coffman, Ag1~;"r",,;Jerks. Acquafresch, Chlauber, Clark, Dyer, Moellenberg, Owen;'Rseser, Schauer. and Taylor; also SENATOR Mutzebaugh. A BILII F'OR AN ACT . 101 CONCERNING PUBLIC-PRIVATE ;iNiTiATIV~S fOR TRANSPORTATION E~,~I z~ r~r- 102 SYSTEMS . ~ tS7'~/IS° _ pi 11~ Summary ~ ~ {Nate: This s~immary ippl~ies tv this bill as introduced and does not necessar,lly _reflact sny amendments which may be subsequently adapted. '~~'~~~~~-r , Authorizes the depa'rtmebt`of'~'transportation to: Implement: a publit~private ~inittatives program 'to facilitate' transportation systems;;,,_.~,r~olicit., consider, and a cept; public-private initial"1,ve praposafis; enter into agreement ands, accept private contribu';~i:ons-~•for••t~+ansportation system.pro;jects' pursuant to a nontradit.ianal ,arrangement in exchange far p' bl ic, benefits other than ,ar~ly, ~a.._maineyp, payment; and adopt r~ies. .Specifies requirements, °for~;•.,unsolicited proposals and! public-private initiative agreements. Provides for the de~osit. of revenues_ Makes a'°`~confarming amendment. f ' S Be it enacted by the Gehe'ral Rss.~mb~ly of the State of Colorado: , . - ,r~~:" _ , r.. 2 SECTION 1. Leg:1 x1`i?tiwe ~ ~d''ecl arati an - transport ti on 3 system public-private""initiatives: {I) The general ass mbly~ 4 finds and declares that 1t~is essential for the econQmit,; 5 social, and enviranmen~t;al~,wel.l-being of the state and the 6 maintenance of a highg~quality of life that the people of the 7 state have an efficientktranspor-nation system. The abili y ofr 8 the' state to continue`°'~,to` provi:de"pan efficient transport~tion~ 9 system with limited public° resources will be enhanced 'by a. ,,e CapUal leaerr ~dkate new ~nareya! to be added !o tslstbzg statute. DVoshaa through 1he,:wo~ le:~ftate ddeNo~u,Mont eristGsg .salute. i public-private initiatives program that gives broad authority 2 to the department of transportation to: Enter into j 3 nontraditional agreementls with private'ent'ities to accept 4 private contributions for transportatlon system pro,)ects in, 5 exchange for public benefits other than pnly a money payment;; 6 share resources, facilities, e'~quipment, staff, data, ar other 7 means of providing transportation systems or services; and 8 otherwise cooperate to research, develop, and implement, 9 transportation systems or services. II l ,i 10 (2) The general `a~ssembij~"'-further declares that a~ it public-private initiatives program will directly benefit the 12 department of transportation and will serve a significant public} 13 purpose for a number of;.,~reasons;_: which include: Supplyingf 14 additional, private resources toprov;i;de, improve, and maintain 15 transportation Systems; ~~addi~g,,transportatian system pro,jett, i6 opportunities; increasing~;~the,rdep`artment of transportation's. 11 access ; to private expertise; _;;,,supp.lementing department of ~ ' 18 transportation revenues;f.~_.tand. _,_aii,owi:ng the department of 19 transportation to use it,s~_limited public resources for more 20 transportation system projects.-_-, 21 ~3) The general : assembly: further declares that a. 22 public-private initiatives::program `:will help provide and ~ 23 maintain an efficient andf':effect.ive t~a~nsportatlon system ands 24 also will benefit indirectly the-private sector to a lesser 25 degree by provldiag economic investment and business ,a ~ 2fi opportunities. f _Z~ ~ . I ss ~ ~ r:: I ~I ,i • + 1 SECTION Z. Article l df tide 43, Colorado Revised 2 Statutes, 1993 Repl. Yal., is amended BY THE ADDITION OF A NEW 3 PART to read: q PART I2 5 PUBLIC-PRIVATE INITIATIVES PROGRAM 6 43-1-1201. Qeflni'klana. AS USED IN THIS PART 12, UNLESS T THE CONTEXT DTHERWISE REQUIRES: 8 {1J "PRIVATE CONTRIBUTION" MEANS THE SUPPLY BY A PRIVATE 9 ENTITY bF RESOURCES TO ACCOMPLISH ALL OR ANY PART 0~ THE WORK 10 ON A 'TRANSPORTATION SYSTEM~~OJE~T; INCLUDING FUNDS, FINANCING, 11 INCOME, REVENUE, COST SHARING, TECHNOLOGY, STAFF, EQUIPMENT, 12 EXPERTISE, DATA, OR ENGINEERING, CONSTRUCTION, OR MAINTENANCE I9 SERVICES. ;,:.,.o ~ 14 (2) "PUBLIC BENEFIT"~MEANS~A'DEPARTMENT GRANT OF A RIGHT 15 OR INTEREST 1N OR CONCERNING A TRANSPORTATION SYSTEM OR PROJECT, lb INCLUDING: .i. 17 (a) A LEASE OR;~~;EASEM~NT .IN;, UNDER, OR ABOVE A STATE 18 HIGHWAY RIGHT-OF-WAY, ~;NOTWITHSTAND'ING SECTION 43-1-210; 19 (b) A REVt?CABLE'~~;FRANGHISE FOR ANY USE OF STATE HiGHwAY 20 RIGHT-OF-WAY THAT DOES~.NOT.IMPAIR H;IGHWAY OPERATION OR SAFETY. 2] ;NOTWITHSTANDING SECTION 43-3-101:;:,,{3); 22 (c) ALL DR PART,~:OF ANY_~R~VENUE OR INCOME RESULTING FROM 23 THE PRIVATE USE QF A STATE HIGN4fAY''RIGHT-bF-WAY; 24 {d) A MONEY PAYMENT FOR.SERY~ICES FRAM AVAILABLE FUNDS; 25 'AND 26 (Q) ANY OTHER BENEFIT.:THAT IS NOT .PROHIBITED 8Y LAW., .-s; -3- 187 , ' i~ 1 1 (3) "PUBLIC-PRIVATE INZ~' ATIVE" MEANS A NONTRADITIONAL Z ARRANGEMENT BETWEEN THE DEPARTM NT AND DNE OR MORE PRIVATE OR 3 PUBLIC ENTITIES THAT PROVIDES FOR: ~6 4 (a) ACCEPTANCE OF A .PRIVATE CONTRIBUTION TO A 5 TRANSPORTATION SYSTEM PROJECT'9'OR SERVICE IN EXCHANGE FOR A 6 PUBLIC BENEFIT CONCERNING. THAT 5 STEM OR PROJECT OTHER THAN ONLY ' 1 7 A MONEY PAYMENT; ~;:~~:.-~::-::~g',:~-:~.: 8 {b) .SHARING OF RESOURCES ANp THE MEANS OF PROVIDING 9 TRANSPORTATION SYSTEM PRpJECTS OR SERVICES; DR 10 {c) COOPERATION IN RESEARCHING, DEVELOPING, AND 11 IMPLEMENTING TRANSPORTATION SY57EM5 PROJECTS OR SERVICES. 12 (4) "TRANSPORTATION -..SYSTEM", MEANS THE STATE 13 TRAN5PORTATION INFRASTRUCTURE .AND RELATED SYSTEMS, INCLUDING 14 HIGHWAYS AND ASSOCIATED;;,RIGN7~-DF~WAY, BRIDGES, YEHIGt,ES, 15 EQUIPMENT, PARK AND RIDE LOTS, TRANSIT STATIONS, TRANSPORTATION 15 MANAGEMENT SYSTEMS, AND INTELLIGENT.;,VEHICLE HIGHWAY SYSTEMS. ~-r~"' i1 {5) "UNSDLICITEp PROPOSAL" MEANS A WRITTEN PROPOSAL FOR 18 A PUBLIC-PRIVATE INITIATIVE TNATfIS SUBMITTED BY A PRIVATE 19 ENTITY FOR THE PURPOSE OF::.,.ENTERING.,INTO AN AGREEMENT WITH THE ,t , . ~ . 20' DEPARTMENT BUT THAT iS NQT,k,IN RESPONSE TO A FORMAL SOLICITATION . 21 , OR REQUEST ISSUEp BY THE :D,..EPARTMENT,.. 22; 43-2-1202. Department porters..~tl) NOTwItHSTANDING ANY 23 OTHER LAW, THE DEPARTMENT:-.MAY: ~ 24 (a) SOLICIT ANp ,~.:._QONSIDER~„PROPOSALS,ENTER INTO 23 AGREEMENTS, ANp GRANT BENEFITS AND :,,ACCEPT CONTRIBUTIONS FOR ~6 PUBLIC-PRIVATE INITIATIVE5~~PURSUANT'TO TINS PART 12; - i i (b) SoLiCiT PROPOSALS FOR PUB1.iC=PRIVATE iNITiATIvES AS i 2~ CpMPETITIV~ SEALED PRpP0,AL5 PURSUANT TO SECTION 24-103-203, 3 C.R.S.; 4 (c) CONSIDER ANp A CEPT UNSOLICITED PROPOSALS PURSUANT 5 TO SECTION 43-1-1203; 5 (d) GRANT A PUB SIC BENEFIT IN OR CONCERNING A 7 TRANSPORTATION SYSTEM OR~'PROJECT IN EXCHANGE FORA PRIVATE g CONTRIBUTION TO THAT SYSI~,kM OR PRpJECT, 8UT THE TERM OF ANY 9 LEASE, EASEMENT', OR FRAN~NISE GRANTEp BY THE DEPARTMENT AS :A 10 PUBLIC BENEFIT UNDER GTH.I .:PI_IRT__1.2,..~HAL1.: 11 (I} REASONABLY RELATE TO THE VALUE OF THE PRIVATE lx CONTRIBUTION AS DETERMINED BY THE DEPARTMENT; AND 13 (II) NQT EXCEED.' NINETY-NINEr YEARS; 14 ~ (e) ACCEPT A ;PRIVATE"CONTRIBUTION TO A TRANSPORTATION 15 SYSTEM PRgJECT; 16 (f) EXERCISE ANY ,POIVER:OF:~,THE DEPARTMENT AUTHORIZED BY 17 LAW TO FAC]LITATE~ THE pEYELOPMENT AND PERFORMANGf OF 18 PUBLIC_PRIVATE INITIATIVES. •.::,±~;n; , 19 43-i-1203. UnsoticitQd praposals.(1) THE pEPARTMENT MAY 2p CONSIDER, EVALUATE, ANp:ACCEP7 A.N~;UNSOLICI7ED PaOPpSAL FOR A 21 Ptl$LIC-PRIVATE INITIATIVE WITNQU;T COMPETITION ONLY IF THE 22 PROPOSAL COMPLIES WITH ALL ,OF„THE REQUIREMENTS OF THIS SECTION. Z3 (2) THE DEPARTMENT :MAY CONSIDER AN UNSOLICITED PROPOSAL 24 ONLY IF THE PROPOSAL: ' ' " ;i:.k, 2S (a~ IS INNpVATIVE; AND 'UNIQ'UE; 26 (b) I5 INDEPENDENTLY ORIGINATED AND DEVEi.OPED BY THE _5,. , x:,. ' ~ 1 ~ i ,f-E ~ 1 PRQPOSER; 2 (c) t5 P~EABE,[L~ITHOUT DEPARTMENT SUPERVISION 3 (d) I5 NOT AN ADVANCE pRDPOSAL FdR A 'KNOWN dEPARTMENT 4 REQUIREMENT THAT CAN BE ACQUIRED BY COMPETITIVE METHODS; 5 (e) INCLUDES SUFFICIENT DETAIL AND INFORMATION FOR THE 6 DEPARTMENT TO EVALUATE THE PROPOSAL tN AN OBJECTIVE AND TIMELY 7 MANNER AND TO DETERMINE IF THE PROPOSAL BENEFITS THE dEPARTMENT. 8 (3) IF THE UNSOLICITEd PROPOSAL DDES NOT COMPLY WITH THE ~9 REQUIREMENTS OF SUBSECTION (2)~OF THIS SECTION, THE DEPARTMENT ~ IO SHALL REYURN THE PRDPOSAI:~~•MtITHOUT- ~F-1IRTHER ACTION. IF THE ~ 11 UNSOLICITED PROPOSAL COMPLIES KITH ALL THE REQUIREMENTS OF ' 12 SUBSECTION (P} OF THIS SECTION, THE DEPARTMENT MAY EVALUATE THE 13 PROPOSAL. ! I4 (4) THE DEPARTMENT '~HALl..'BAS~' IT5 EVALUATION OF THE 15 UNSOLICITED PROPOSAL ON THE;FOLLOWING~yFACTORS: I6 (a) UNIQUE AND ;tNNpVAT~IYE; ;METHODS, APPROACHES, OR 17 CONCEPTS DEMONSTRATED BY°THE.PROPOSAL; ' 18 (b) SCIENTIFIC, TECHNICAL; ;4a SOCIOECONOMIC MERITS OF THE . 19 PROPOSAL; ~ ;i., 2O (c) POTENTIAL CQNTRIBUT~ION' 0~' THE PROPOSAL TO THE 21 DEPARTMENT'S MISSION; ~ ; ; ~2 (d) THE PROPOSER'S:-CAPABilITIES, RELATED EXPERIENCE, 23 FACILITIES, TECHNIQUES,'~'~:OR UNIQUE .COMBINATIONS OF THESE 24 QUALITIES THAT ARE INTEGRAL;FAC~OR~ ~FaR ACHIEVING THE PROPOSAL 25 OBJECTIVES; 26 (e) QUALIFICATIONS, GAPABtLtTI~ES, AND EXPERIENCE OF THE ~ ~ r • ' . ] PROPOSED PRINCIPAL INVESTIGATOR, TEAM LEADER, OR KEY PERSONNEL 2 WHO ARE CRITICAL IN ACHIEVING THE PROPOSAL OBJECTIVES; ' 3 (f.). AN1G OTHER FACTORS APPROPRIATE TO A PARTICULAR 4 PROPOSAL. ' 5 (5) THE dEPARTMENT MAY ACCEPT AN UNSOLICITED PROPOSAL 6 ONLY IF: 7 (a) THE UNSOLICITEb PROPOSAL RECEIVES A FAVORA$LE S EVALUATION; AND 9 (b) THE DEPARTMENT MAKES A WRITTEN dETERMINATION BASED 10 ON FACTS AND CIRCUMSTA[VC_ES~~HA'(_~THE_ UNSOLICITED PROPOSAL IS ~AN 11 ACCEPTABLE BASIS FOR AN AGREEMENT TO OBTAIN SERVICES WITHOUT 12 COMPETITION. ~ 13 (6) IF THE UNSOLI,CTEp :,PROPOSAL I5 ACCEPTED, YHE 14 DEPARTMENT SHALL USE THE'~PRQ.PO$AI: A5 THE BASIS FOR NEGOTIATION 15 OF AN AGREEMENT. , , ~ ~ . I 16 43-1~-1204. public-prlvsteiniti®tive agreement. (I) THE I7 DEPARTMENT SHALL ENTER~:INTO gN:AGRE:E~IENT FOR EACH PU$I,IC-PRIVAI~fE 1B INITIATIVE. 19 (2) THE DEPARTMENT°SMALL.INCLUbE TERMS ANa CONbITIONS IN i 20 THE AGREEMENT THAT IT DETERMINE5 ARE•APPROPRIATE IN THE PU6LIC 21 INTEREST AND TO PROTECT;, HIG..AY' AND:.. TRAFFIC SAFETY. 22 ~ (3} THE AGREEMENT,'S L:PRQY,IDE THAT: 23 (a~) THE PRIVATE4:ENTI.SHALL°NQT PLEDGE OR CAU5E A LIEN 24 TO BE CREATED ON THE T SPaRTATION SYSTEM PROJECT oR 25 RIGHT-OF-WAY; 26 (b} THE dEPARTMENT p~`NS THE NIGHwAY ANp RIGHT-OF-WAY • -7- . . 1 ~ 8 ' M1 - y , 1 INVOLVED IN THE TRANSPORTATION SYSTEM AND PROJECT AT ALL TIMES. 2 (4) NOTWITHSTANDING THAT THE DEPARTMENT ENTERS INTO AN 3 AGREEMENT FORA PUBLIC-PRIVATE INITIATIVE, THE DEPARTMENT IS NOT 4 A PARTNER OR A JOINT VENTURER WITH THE PRIVATE ENTITY FOR ANY i 5 PURPOSE. 6 43-1-12Q5. Revenue - disposition - use. (1) THE 7 DEPARTMENT SHALL DEPOSIT ANY PRIVATE CONTRIRIITItIN t1F MO Q 8 ANY DEPARTMENT OF REVENUE t1R INCOME RESULTING FROM A. 9 TRANSPORTATION SYSTEM PROJECT, IF ANY. IN THE., STATE HIGHWAY t 10 ~ 5UPPLEMENTARY FU~~- 1.~• • -~-~~,-~~,~--LL~-~~-~~ 11 (2} THE DEPARTMENT SHALL USE THE CONTRIBUTED MONEYS FOR 12 TRANSPORTATION PURPOSES. 13 43-1-1206, Mules. ~~THE,DEPARTME~NT SHALL ADOPT RULES THAT 14 IT DETERNfiNES ARE NECESSARY: OR APPROPRIATE TO IMPLEMENT THE 15 PROVISIONS OF THIS PART 12;,~.INCLUDiNG~R~ILES ON THE SOLICITATION 16 AND EVALUATION OF PUBLIC;-PR.IVATE.;~INITIATIVES, INITIATIVE 17 AGREEMENTS, PRIVATE CONTRIBUtIONa, PUBLIC BENEFITS TO BE GRANTED ' 18 IN EXCHANGE FOR CONTRIBUTIONS,_AND THE RECEIPT, CONTENT, AND 19 PROPER HANDLING OF UNSOLi.CITED PROP05AL5 FOR TRANSPORTATION. 20 SYSTEM PROJECTS. _ Z1 SECTION 3. 431-22d~(~), Colorado Revised Statutes, 1993 22 Repl. Vol., is ame~tided BY..THE._AOOITI,ON OF A NEW PARAGRAPH to 23 read. ~ 24 43-1~-Z20. $aOrGSS,,ct' finds - assumption of obligations. 25 (2) A11 receipts from the'follawit~g sources shall be paid into 26 and credited to the state`~h'ighway supplementary fund as soon as •Y$T r, . 1 received from: ~ ~ .i 2 (fy CONTRIBUTIBNS,j RE;,ENUES, OR INCOME. PURSUANT TO 3 SEETiON 43-1-1205. 4 Si:CTION 4. Safety elau e. The general assembly hereby 5 finds, determines, and declares that this act is necessary for 6 the immediate preservation of the public peace, health, and 7 safety. I i r 'A , ~~a' I[ I I , ~ ~ 1 -9-. i 12~~ i i i i e nom., ~o, teas - n.~~ I~ rest s ~~r~~ ~a~ r~ _ ~ Y ~ ttnt3er May's he'll, thz state "But it ia't cbily upkeep. it's T.d..sr...:,atiam Department woult~ vandalism; ' he said. il'1BIla~P.IY1?.Ilt ~i~ll StS'~ give the state parks division 26 Dda~r says the idea to Nina • fu11-time emp~oy~ee positions slang }ast su~mner v~h~e driving to Mich- ~S~OIl wit3~ the d~:..w...r in cash fio oaw igan far a meetigg when he saw - ~ ~]t ~ ~~r.~ p•~ d ear tLe 1L1 ~ioa nov~r apeat.._ well-rns~tained rest areas in other . _ Dean . W~..~G,..tep, assist~t to states. the pocks c~.~~..:,or~ said the parks "When you ooanpare what I saw A state re.,_;a..atative°~ ~~~..tc; divl~ estimates it rnuid cost asr., with. Cotorada. ~Coloracb -stinks. _ - - ~ . the Colorado 1?icisiam of ~k8 and much as ~.5 n~iao a year to -fie ~of~laosy: ~noadside parks' he _ _ _ _ - _ _ _ - - . . ~Ootdoavr Recreation to tale arc ~ note sad ne~vate the fa~ities~ ~ said..., . ~ ~ : , - of iat~,,.,~:..:~e hy~t ~ ~ ry amd ~t.. » «..;.s to know motto ~eik May alsQintrodnced a eoaapaas- - ° . - rest arm bat parks odl are maketip"theda~ranoeiafuads. ~ ioa bal3; HB i287, vPhicdt is ea- : ~ . _ ~ The balking st the oost.y` ~ - rest t~reasare heavsly used. abling ~ ~~S Aar` - _ _ _ _ _ - Rep. Rare ~a R-~o~orada R~:....: s shovRtbe In~rstate 25 private .par~..r..~ups .am :hi,,~! ~~~~-y - - - - . ~~„~..,g,5. spanaor cf HB il$~, said, Rcaver~ ~~:~:,ned . right-of-ways ;a~....~ta Donnas- - _ - . amd Poadre s abj..,.4.a•;; is to the 947,D00 status of the parks -they either and La<~~ ~ y ~ s 1-85 ~c~au~es ccrald ,lease areas sad .f ~ . had ~04.fl00, and I hrlp ailay.,,.yCs. stay lie theg are now. or weiQak+e 7t1 sear Val bad 383,Q(~ visitors. But Robert,~aoobsen of the 1• ed- some etfortto 3a sornet~a,g: ' "Most areas have running vva- eral Highway Admmi.ol~y::on. said Tkere are $2 rest arreas a3osag ter supgTied by wells sad septic anything more than .vending ma- ttie :..::_~::.s, and the i;olorada tanks that pace to be pumped at chines would vic~aate a,gFeements. Department of Transportation least ae~ a rnagtb," said Dana The hall ~......~,b up for hearing ,,,,r ~:.~3a ~Ll emltioa a gear fog upr. lioplcias, spokesoAan feu the state Friday iu the arr~=~r=.dtiOrt3 coal- _ ~;~,~,_1...xnttofT.,.,y,.,,~~~„G;.tion_ _ mittee.. . xc: RECEIVEC9 ~4 194 ~cc, . CML Colorado Municipal League 1660 Lincoln Street, Suite 2100 • Denver, Colorado 80264-2101 • Phone (303) 831-6411, FAX (303) 860-8175 S T0: Managers, Clerks in Municipalities Which Have no Manager, and Attorneys FROM: Geoff Wilson, General Counsel SUBJECT: Memo on and Text of Amendment 12 DATE: March 31, 1994 Enclosed for your information is a memo which I recently prepared for the CML Executive Board providing a preliminary analysis of Amendment 12. Amendment 12 is the statewide ballot initiative on election and other issues authored by Douglas Bruce which will appear on the November 1994 ballot. Also enclosed is the text of the measure. Please feel fee to share it with other municipal officials in your community. Undoubtedly, there will be additional information and interpretations develop as the text of this complicated and ambiguous initiative is further analyzed. i ,y, CML Colorado Municipal League 1660 Lincoln Street, Suite 2100 • Denver, Colorado 8026~t-2101 • Phone (303) 831-6411, FAX (303) 860-8175 ' MEMORANDUM To: CML Executive Board From: Geoff Wilson, General Counsel Re: Election Reform Amendment Initial Outline of Provisions with Preliminary Comments Date: March 15, 1994 The "Election Reform Amendment" (ERA) will appear on the November 1994 statewide general election ballot as Amendment No. 12. This wide ranging proposal would create a new Section 2 in Article VII of the Colorado Constitution. Amendment 12 contains a hodgepodge of provisions addressing a myriad of issues; much in the proposal is subject to varied and uncertain interpretation. What follows is an introductory overview of the major provisions in Amendment 12, together with some preliminary observations. My object was not to address each and every aspect of the ERA, nor to anticipate all issues that may be presented by every provision. Further analysis will undoubtedly identify numerous additional issues, ambiguities and consequences of Amendment 12. I strongly suggest a close reading of every line of this complex amendment (attached). A. General Provisions (Subsection (1)) * The "required" application of the ERA "shall reasonably strengthen citizen control of government the most. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. " The amendment would thus repeal by implication a wide array of constitutional and statutory provisions, particularly in the area of initiative, referendum and recall. Additionally, the amendment would supersede a variety of "home rule" municipal charter provisions that voters have adopted pursuant to their constitutionally reserved authority to govern their affairs locally as they see fit. * The amendment permits enforcement suits to be filed by individuals, classes, or districts, "within three years of an event." Successful plaintiffs may recover costs and reasonable attorneys fees, but defendants may not unless the suit is ruled . ' frivolous. Thus the amendment encourages private "enforcement" suits by permitting recovery of the private plaintiffs' litigation expenses. By contrast, public litigation expenses, that is, the taxpayers' money that is spent defending against these enforcement suits, cannot be recovered unless the suit is found to be frivolous. , B. Definitions (Subsection (2)) Subsection (2) of the amendment contains a number of important definitions. Several of these definitions are specifically referenced later in this memo as part of the discussion of the section of the amendment in which the defined term is used. However, a couple of the definitions in Subsection (2) deserve particular note here. * "Ballot issue" is defined as "ANY pending state or local refereed measure or non- recall petition as soon as a ballot title is initially set; and on ANY SUB.TECT OR SUB.TECTS i'VHATSOEVER for purposes of this section and Article X, Section 20." (Emphasis as set forth in the Amendment 12 text.) Read in conjunction with Section 20 (3)(a) of the TABOR Amendment, the effect of this definition will be to delay public votes and suspend community action on a wide variety of land use, public safety and other issues by eliminating all local government special elections on dates other than those specified in TABOR. Conversely, all amendments to the state constitution and statutes would be subject to elections held in November of odd numbered years, in addition to the scheduled general election in November of even-numbered years. The term "ballot issue" is also used throughout Amendment 12 including, notably, in Sections 5(a) and (b), which suppress public officials and employees discussion, analysis or other activity with respect to ballot issues and penalize organizations of public entities or employees that provide information concerning, or participate in campaigns with respect to ballot issues (see paragraphs F and G of this memo). * "District" is defined as "the state or any local government, including enterprises, authorities, and all its other activities." The ERA definition of "district" is thus much broader than the now familiar TABOR Amendment definition of this term, which excludes "enterprises." The Amendment provides no further elaboration of what is meant by "authorities" or . "all its other activities" (for example, the antecedent of "its" in the foregoing clause is not at all clear). The term "district" is used throughout Amendment 12; thus the breadth of this definition will have profound importance for the reach of the Amendment, should it be adopted by the voters in November of 1994. For example, Subsection (6)(a) extends the initiative, referendum and recall power to "all districts as to district matters." C. Limits on Elected Officials Compensation (Subsection (3), Entitled "Pay Raises") * Subsection (3) provides in part that "[c]ompensation changed after 1994 may ' . exceed its 1988 level only by district voter approval, or by inflation, as defined 2 in Article X, Section 20, after 1994. Compensation first set, or voter approved, • from 1989 to 1994 shall use that level and year as a base. A governing body ' shall use its combined compensation." * "Compensation" is defined in Subsection (2)(c) as "the district cost in salary, payroll, fringe benefits and travel accounts, and any cash payments and reimbursements to an elected official." Note that no allowance is made for circumstances where, for example, a sudden increase in travel expenses is legitimately incurred by a public entity's elected officials. D. Income Tax Credit for "Donations" by "Human Beings" to Certain Political Committees (Subsection (4)(a)) * Subsection (4)(a) provides that "new" campaign committees may pledge to the Secretary of State to take donations only from "human beings." The amendment then provides that "human beings" making cash gifts to such committees may claim a state income tax credit for the lesser of a specified dollar amount or the amount of the total annual cash gifts to all such committees. The credit may not carry forward to subsequent tax years nor exceed income tax liability. The credit "shall be listed on all future state income tax returns and adjust yearly for inflation or more." Whereas the TABOR definition of "inflation" is referenced in Subsection (3), no definition of inflation is provided in Subsection (4). What is meant by the requirement that the credit adjust yearly for inflation "or more"? E. Limits on Acceptance of "Donations" from Specified Individuals or Groups (Subsection (4) (b)) * The amendment provides that "district candidates or elected officials or their campaign committees shall not accept any donation with a retail value over $50 per calendar year per donor from any utility with rates or service regulated by that district, from any group receiving over 5 % of its annual gross receipts from that district, or from a business group, corporation, employee group, union, political action committee other than a political party, or paid lobbyist who is not a relative. " * Note that, although Subsection (4) is entitled "Campaign Contributions," it's application may reach well beyond what are ordinarily considered campaign contributions. The language of Subsection (4)(b) restricts donations to "elected officials," as well as "district candidates." Thus, the limitations of Subsection • (4)(b), azguably, are not restricted to "donations" incident to an election or re- election effort. 3 * "Donation" is defined in Subsection (2)(e) as "cash or cash equivalents, loans, or substitute purchases, but not contributions in kind or services." The amendment does not define "cash equivalents," "substitute purchases," "contributions in kind," or "services." Note also that "donation" is not defined to encompass only contributions or gifts incident to an election or re-election campaign. * The campaign finance "reforms" in Amendment 12 are conspicuous for what is not covered. There is no restriction, for example, on the amount of money that district candidates or their campaign committees may accept from wealthy individuals. This omission, combined with the Amendment's limitation on acceptance of donations from groups, will enhance wealthy individuals' opportunity to "buy" elections. There are no dollar restrictions on acceptance of in-kind contributions from political committees or from any other source. The measure does not prevent contributions from being funneled through the political parties and does not include any reporting requirements or enforcement provisions concerning such contributions. F. Penalty for ®rganizations of Public Entities or Employees that Provide Information Concerning, or Participate in Campaigns with Respect to Ballot Issues (Subsection (a)) * The amendment provides that no districts shall "belong or donate, directly or indirectly, to any organization of districts or district employees that hereafter uses its name, or its paid employee time, material, mailing or other resources with a retail value over $50 per calendar year, to support or oppose, or to create or distribute material discussing, a ballot issue." * This provision is obviously intended to exclude a wide array of public entity and employee organizations from engaging in political speech concerning ballot issues. Note that, unlike Subsection (5)(b), this provision is not intended as a restriction on expenditure of public funds in ballot issue campaigns; rather, it is intended to exclude from the political debate a certain class of organizations. Presumably, the proponents of Amendment 12 would prefer that voters not see or hear the particular information or opinions that this type of organization might present. * Note also that these targeted organizations pay the membership penalty prescribed in Subsection (5)(a) even if they do not engage in advocacy; the penalty is imposed if these organizations merely "create or distribute material discussing" a ballot issue. * Since "ballot issue" is defined in Subsection (2)(a) as including any measure once the ballot title is set, this limitation will begin to apply quite early in the ballot ' . issue process. 4 * This portion of the amendment may have profound defects as a violation of the ' free speech and equal protection guarantees of the U.S. Constitution. r. G. Suppression of Public Officials and Employees Discussion, Analysis or Other Activity with Respect to Ballot Issues (Subsection (5) (b) and (c)) * The amendment provides that no elected official or district employee may use district paid employee time or materials with a retail value of over $50 per calendar year to "create or distribute material discussing a ballot issue, except for election or judicial processes or notices, for public meeting facility costs, or for legal duties other than ballot issue analysis." * This prohibition could prevent and district analysis of and reports on ballot issues, even for the district's own internal use, if such analysis or report is prepared at public expense (again, note the exceedingly broad definition of "district" in Subsection (2)(d)). This provision would make illegal preparation of materials such as the Legislative Council's "Blue Book," which gives a factual summary of ballot issues and contains arguments for and against the proposals. Thus, this prohibition would go well beyond the familiar restrictions in the Colorado Campaign Reform Act (1-45-101, C.R.S. et sec on use of public funds for advocacy in connection with ballot issues. The impetus for this limitation is that analysis of pending ballot proposals prepared for internal use by government officials, as public documents, occasionally 'end up being reported in the newspapers. Since these newspaper stories are at times not favorable towards the ballot issue, the Amendment 12 proponents' "solution" to this "problem" is to simply prohibit any internal analyses of pending ballot proposals from being done in the first place. * No elected official shall vote for a resolution or statement "referring directly or indirectly" to a ballot issue. This practice is currently expressly authorized in the Colorado Campaign Reform Act at 1-45-116(1)(b)(III). H. Penalties; Limitation on Publicly >h~nded Defense of Alleged Violators (Subsection 5(d)) * Each "willful violator" of the limitation on receipt of "donations" in Subsection (4)(b) or the limitations in Subsection (5) shall be liable for "$5,000 each to the district and to the opposing campaign committees as a group, and jointly and • ~ severally liable to both for the retail value of district costs, savings by use of district resources, and illegal donations." 5 * The amendment further provides that "direct or indirect repayment or legal aid with district funds is also a violation." Note that the prohibition of legal aid with district funds is not limited to those charged with "willful" violations of Sections (4)(b) or (5); a--~ legal aid (which would, of course, include a publically funded defense) is stated as a separate violation of the Amendment. This remarkable provision would mean that public employees could not receive a publically funded legal defense even when thev are subsequently found to have not committed the alleeed offense. Apparently, whenever a complaint alleging a violation of ERA is filed, the public official would be obliged to retain counsel and pay for his or her own defense out of personal, private funds. * Since, under our system of justice, one is presumed innocent until proven guilty, this prohibition amounts to a ban on use of public funds to defend the innocent. This provision is apparently premised on the assumption that ,if one is accused, one must have done something wrong. Obviously, Subsection (5)(d) could have a profound adverse effect on the willingness of citizens to engage in public service in Colorado. * Finally, Subsection (5)(d) provides that the penalties set forth in the Subsection are "mandatory and not suspendable" and that "[o]beying a supervisor or elected official is no defense, nor is ignorance" of the requirements of the amendment. The latter limitation may prove to be particularly harsh, since ambiguity in many provisions of ERA makes good faith ignorance of its requirements a distinct possibility. I. Provisions Relating to Petition Procedures, Including Recall (Subsection ~ Over half of the total ERA text is taken up with a variety of proposed changes to initiative, referendum and recall procedures. This portion of the amendment contains some of the most dramatic changes proposed. ~ Set forth below is a sampling and overview of some of these changes; however, as with the rest of ERA, there is no real substitute for a close reading of each and every line of this section of the amendment. Exuanded Use of Initiative. Referendum and Recall Podvers * "Petition powers" are extended to "all districts as to district matters." Note that "petition" is defined in Subsection (2)(g) as including an initiative, referendum or recall process. This provision would thus extend the initiative and referendum power (presently possessed only by state and municipal voters) to school district, county and special district voters. These powers are further extended to a huge . ; array of other entities, since "district" is defined in Subsection (2)(d) as including, in addition to the state and any local government, "enterprises, authorities" and all "other activities" of the foregoing (what "other activities" means or might ~ ' encompass in this context is not at all clear). 6 * Many of the entities that would be subject to initiative and referendum have ' heretofore neither conducted elections nor maintained voter lists. It is unclear how this new authority would be~implemented in these jurisdictions, particularly since, under Section 6(d) of the amendment, changes in the initiative, referendum and recall laws to facilitate this new power would require voter approval. What happens if the voters don't approve the requisite procedures? Whatever the answer to this and the many other questions presented by this section of the Amendment, it is clear that taxpayers will be expected to pay for a huge increase in ballot title settings, title challenges, petition printing and validation, petition challenges, appeals, elections and other associated costs. * Amendment 12's application of the initiative and referendum power to "district matters" could create ambiguity and uncertainty as to whether the initiative power will continue to extend only to "legislative" matters (as is presently the case) or will instead be extended to anY district matter, including administrative or budget matters, for example. This uncertainty may be heightened by the fact that Section (6)(b) provides that "appropriations for district support and maintenance are exempt from referendum petitions." Does this mean that all other "district matters" are subject to referendum (or initiative), and that appropriations could be initiated? Initiative Ballot Title Setting * The amendment prescribes a very tight timeframe for setting of initiative petition ballot titles and allows state district courts to set a ballot title for any petition. Initiative ballot titles may be appealed to the Supreme Court within five days after they are set and the amendment directs that the Supreme Court shall decide any such appeal within 10 days. With the initiative power being conferred on a huge new universe of "districts," this portion of the amendment could result in large numbers of title challenges reaching the Supreme Court at certain times of the year. The extent to which this might impair the Court's ability to conduct other business is uncertain. * Present law requires the Title Board for statewide ballot issues to prepare a "clear, concise summary" of the proposed law or constitutional amendment, and include in the summary an estimate of the state and local fiscal impact of the_ proposed measure. Amendment 12 would prohibit the Title Board from providing voters with these summaries and estimates of fiscal impact. 7 Taxnaver finding of Private Petitioners * Governments (i.e. taxpayers) are' required to print and deliver "at their own expense" petitions in a quantity providing signature lines for at least twice the minimum required signatures within 10 days after a final title setting. Currently, petition advocates pay their own printing expenses. Amendment 12 would force taxpayers to pick up additional initiative costs that are now borne by private party initiative proponents; Subsection (6)(c) provides that "[p]etitioners or their agents shall be charged no fee or bond for any process, requirement, or document related to their petition; nor for district documents or data, to be provided within two district business days of a written request, that may help restore any invalidated entry or petition." The legalization of paid petition circulators in Colorado will result in the initiative process being increasingly used by well healed special interest groups to circumvent the deliberative process of state or local legislative bodies. These sections of Amendment 12 would mean that these special interest groups will receive considerable taxpayer support in their efforts. Petition Signature Requirements * Petition signature requirements are set at "5 % of the number of district votes for all candidates for the Secretary of State in the last election for that office, except local recall signatures shall not exceed 8 % in a represented area. " This is not a change in the signature requirement for state initiative and referendum petitions. However, it is a substantial reduction in the permitted signature number ceiling applicable to municipal initiatives and referenda, which under Article V, Section 1(9) of the Colorado Constitution may presently not exceed 10 % of all registered electors for the referendum nor 15% of all registered electors in the jurisdiction for the initiative. As to recall of local or state officers, this signature requirement constitutes a dramatic change. The current signature requirement for such officers' recall is a number equal to 25 % of the number of votes cast in the preceding election for all candidates for the office which the incumbent sought to be recalled occupies (see Sections 24-9.5-102 and 31-4-501, C.R.S. and Colo. Const., Article XXI, Sections 1 and 4). * The amendment proposes a very short timeframe for any petition signature protest, and petitioners are then given up to 10 days after any final decision on a signature protest "to file corrections and new entries or petitions signed at any time" (thus, the "cure" signatures may be gathered prior to the declaration of insufficiency as to those petitions already submitted). Further, the amendment provides that any petition upon which a signature protest is filed shall stay on the ballot during the pendency of the signature challenge. s * The ability to challenge and invalidate fraudulent signatures is .dramatically impaired by Amendment 12. Petitions or signature entries may be found invalid by election officers only if "invalid on their face. " Districts and private protestors to signatures must itemize and file their protests within ten days of petition filing and have the "burdens of production and proof beyond a reasonable doubt." A person signing a verified or notarized petition is presumed to be a registered elector whose signature is valid until disproves. The effect of these portions of the ERA will be to prevent state and local election officers from checking signatures on initiative, referendum or recall petitions against a registered voter list. Unless signatures are invalid on their face, such as the name "Mickey Mouse" (of course, this could be someone's real name ...)listing of a foreign address, or submission of signatures all written in the same handwriting, they must be presumed valid. The opportunity to check for fraudulent signatures will diminish and the ease with which initiative fraud can be used to corrupt the process will be dramatically increased. * The amendment provides that "affidavit errors or other variances shall be liberally construed to aid petitions." Recall of Tudges. and Other Officials * No elected official shall undergo more than one recall election per term and no campaign reimbursement is permitted. Present constitutional provisions and statutes do not bar multiple recall elections during a term of office and permit reimbursement of municipal officials' election expenses if they are not recalled and reimbursement is provided for by local ordinance. * The amendment provides that "[j]ustices and judges may be recalled, which would bar any future judicial position." This new authority should be considered in the context of other ERA sections that dramatically reduce the recall petition signature requirement and permit no reimbursement to officers who are not recalled. Note that Amendment 12 contains no requirement that a judge's recall be based on improper conduct in office. Thus, judges could be recalled over politically unpopular decisions that are entirely proper legally, such as decisions protecting the free speech rights of disfavored political minorities. Existing constitutional provisions already require periodic elections on retention of judges and permit discipline or removal of judges for, among other things, intemperance, willful misconduct or failure to perform duties. 9 Mandated Delavs and' Limitation on Emer~encv Enactments - * Only six district measures adopted in any calendar year may take effect immediately on adoption as "emergencies." All other measures are subject to the , requirement that "[s]tate measures open to referendum petition take effect no sooner than 91 days after that general assembly session finally adjourns, and such local measures no sooner than 91 days after final publication." In an emergency situation, jurisdictions pass numerous, statutes or ordinances that take effect immediately to address atl manner of circumstances as they arise. What happens once a jurisdiction exhausts its six emergency authorizations? * The limitation that ordinances may not take affect until (in essence) three months after adoption will, in itself, dramatically impair elected officials' ability to respond promptly to the wishes of their constituents. Further, the 91 day delay in effective dates should be considered in conjunction with the provision (also in Section (6)(b) of the amendment) that "'[a] petition with the required number of signatures filed before the 91st day delays the effective date until the election or a final decision of petition insufficiency." Since the amendment effectively limits elections on any ballot issue to the biennial local election date, the state general election date and the first Tuesday in November of odd-numbered years, the amendment will enable 5 % of the registered electors in a jurisdiction (a very small actual number in many communities) to use the referendum process to prevent an ordinance from taking effect for up to a year and three months. Assume, for example, that the effective date for a vicious dog ordinance in a statutory city is delayed for 91 days following publication, pursuant to the requirements of Amendment 12. If a referendum petition is filed by the local pit bull advocacy group on the 91st day after publication, and that day occurs shortly before or after the city's odd-year November election, the ordinance could not take effect until after the November election in the followine vear. By contrast, present statutory municipal ordinance referendum procedures provide that anon- emergency ordinance takes effect 30 days after passage and publication, unless a referendum petition is submitted within that time. If a petition is submitted, the ordinance is suspended from taking effect and the governing body reconsiders its action in adopting the ordinance. If the ordinance is not repealed, the governing body will submit the ordinance fo voters at an election held not less than 60, nor more than 150 days after the date on which the petition is filed. Calcification of Petition Laws and Measures Adouted or Re9ected at an Election * Changes in state petition laws or regulations adopted after 1988 without voter ' . approval are repealed. This broad provision would repeal substantial amendments to the state's initiative and referendum statutes made since 1988, primarily in , 1989 and 1993. For example, repealed statutes prohibit a person from knowingly ' signing more than one municipal petition for the same issue, signing a false name 10 to a municipal petition, or knowingly signing a municipal petition when one is not a registered voter of the municipality. * "Unless adopted as non-emergency measures within 90 days after the election ' approving this section, future state or local petition law or regulation changes require advance voter approval." This provision will require voter approval (and the attendant taxpayer expense) for even the most technical and mundane changes to initiative, referendum or recall procedures. * "Unless allowed therein, past or future voter-approved petitions shall not hereafter be amended, superseded, or repealed by elected officials." This provision could dramatically limit the opportunity governments have traditionally had to "flesh- out" ambiguities or omissions in voter approved measures. * The amendment provides that "measures or parts of measures" that have been rejected by voters may be fully or partially readopted only with voter approval. Miscellaneous Provisions * The amendment mandates that "[t]he 1988 state petition forms shall be used" in connection with any local district petition process, unless changed by district voters. As I am unaware of any 1988 state recall form, it is unclear what sort of recall form would be utilized at the local government level, should ERA be adopted. * The amendment provides that moving within a county shall not alter voter registration status. Does this mean that when a voter moves from, for example, one municipality to another in Jefferson County, that voter's registration status as an elector in their municipality of origin may not be changed? This provision could wreak havoc with use of voter registration in the administration of elections as a means to avoid fraud. * "Any non judicial district employee or elected official who willfully violates any petitioner right that is provided in [Subsection (6) of the ERA] shall be liable personally to the petition campaign committee for $5,000, as enforced in [Subsection (1) and (5)(d) of ERA].". Note that Subsection (5)(d) prohibits "legal aid with district funds" to anyone alleged to have violated ERA. t 11 Text of Amendment 12 -Election Reform Amendment Be it Enacted by the People of the State of Colorado: Article VII, Section 2 Election Reform. (1) General provisions. The required application of this section shall reasonably strengthen citizen control of government the most. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Individual, class action, or district enforcement suits may be filed within 3 years of an event. Factual issues are subject to a jury trial. Successful plaintiffs are allowed costs and reasonable attorney fees, but a defendant is not unless a suit be ruled frivolous. (2) Term definitions. (a) "Ballot issue" means ANY pending state or local refereed measure or non-recall petition as soon as a ballot title is initially set; and on ANY SUBTECT OR SUBIECTS WHATSOEVER for purposes of this section and Article X, Section 20. Within this section: (b) "Ballot title" means all language on a state or local ballot describing the contents of a specific ballot issue. (c) "Compensation" means the district cost in salary, payroll fringe benefits, expense and travel accounts, and any cash payments and reimbursements to an elected official. (d) "District" means the state or any local government, including enterprises, authorities, and all its other activities. (e) "Donation" includes cash or cash equivalents, loans, or substitute purchases, but not contributions in kind or services.. (f) "Elected official" means a state or local non judicial officer elected, appointed, or succeeding to an elective office. (g) "Petition" means an initiative, referendum, or recall process, measure, or signature document, as the context may show. (h) "Political party" means any group that nominates ballot candidates. (3) Pay raises. Compensation changed after 1994 may exceed its 1988 level only by district voter approval, or by inflation, as defined in Article X, Section 20, after 1994. Compensation first set, or voter-approved, from 1989 through 1994 shall use that level and year as a base. A governing body shall use its combined compensation. Without future district voter approval, district pensions for elected officials shall not include service after their current term, and any non-pension compensation partly or fully exempt from state or federal income tax shall end with their current term unless required by federal law. (4) Campaign contributions. (a) New local, state, or federal campaign committees may pledge to the secretary of state to take donations only from human beings. An unmarried human being, or married human beings filing a joint federal income tax return, shall receive a state income tax credit for the lesser sum of $100 or total annual cash gifts to all such pledging committees. For married human beings filing separately, the upper limit is $50. This credit shall not carry over to other tax years or exceed income tax liability. It shall be listed on all future state income tax returns and adjust yearly for inflation or more. (b) District candidates or elected officials or their campaign committees shall not accept any donation with a retail value over $50 per calendar year per donor from any utility with rates or service regulated by that district, from any group receiving over 5 °!o of its annual gross receipts from that district, or from a business group, corporation, employee group, union, political action committee other than a political party, or paid lobbyist who is not a relative. (5) Election protections. (a) No districts shall belong or donate, directly or indirectly, to any organization of districts or district employees that hereafter uses its name, or its paid employee time, material, mailings, or other resources with a retail value over $50 per calendar year, to support or oppose, or to create or distribute material discussing, a ballot issue. (b) No elected official or district employee shall use district paid employee time, material, mailings, or other resources with a retail 'value over $50 per calendar year to create or distribute material discussing a ballot issue, except for election or judicial processes or notices, for public meeting facility costs, or for legal duties other than ballot issue analysis. (c) No elected official shall vote for any district statement refemng directly or indirectly to a ballot issue. (d) Each willful violator of (4)(b) or (5) is liable for $5000 each to the district and to opposing campaign committees as a group, and jointly and severally liable to both for the retail value of district costs, savings by use of district resources, and illegal donations. Districts shall withhold half of their net payments and refunds to violators until all amounts are paid with 10 4o annual simple interest. Direct or indirect repayment or legal aid with district funds is also a violation. Penalties are mandatory and not suspendable. Obeying a supervisor or elected official is no defense, nor is ignorance of this law. (6) Petition protections. (a) The right to petition peaceably on district-owned property in a place then open to the public shall not ` be infringed. Petition powers shall apply in all districts as to district matters. Required district registered elector petition; signatures shall not exceed 5 % of the number of district votes for, all candidates for secretary of state in the last election for that office, except local recall ' signatures shall not exceed 8% in a represented area. Justices and judges may be recalled, which would bar any future judicial position. All recall ballots shall allow 250 words each for petitioners and the official. No official shall undergo more than one recall election per term, but districts shall make no campaign reimbursement. Petitions may be filed up to 9 months after district delivery of printed petitions. State non-recall petitions shall be filed by 3 months before the election. Valid state or local non-recall petitions filed after apre-election deadline shall be voted on in the following ballot issue election. Petition ballot titles shall not exceed 75 words. Initiative petition ballot title-settings shall allow public comment, be held within 7 days of a request, and end within 24 hours, but shall set no summary or financial comment. After 5 days public notice, any state district court may set a petition ballot title. Initiative petition ballot titles may be appealed to the supreme court within 5 days, and shall be decided within 10 days more. Districts shall print and deliver petitions at their expense within 10 days after final title setting in a quantity allowing at least twice the minimum number of required signers. Petitions shall not be affected by district errors in petition form, content, or ballot titles. Petitioners may also print petitions. No petitioner identity cards, badges, licensing, or registration shall be required. Paid and unpaid petitions shall be treated the same. (b) Only 6 district measures adopted in any calendar year without voter approval may be excepted as emergencies from a possible referendum petition. A 2/3 majority vote of the members of each house of the general assembly or of the local district board shall declare each exception necessary for the immediate preservation of the public peace, health, or safety. Appropriations for district support and maintenance are exempt from referendum petitions. No measure shall.be fully or partly re-adopted, even with an exception,, while a referendum petition on it is in .progress. State measures open to a referendum petition take effect no sooner than 91 days after that general assembly session,finally adjourns, and such local measures no sooner than 91 days after final publication. A petition with the required number of signatures filed before the 91st day delays the effective date until the election or a final decision of petition insufficiency. Measures or parts of measures rejected by voters may be fully or partly re-adopted only with voter approval. Referendum petition ballot titles shall read, "SHALL (DISPUTED SECTIONS OF) (type of measure and number only) BE APPROVED?" Such ballot titles are not subject to title-setting hearings or appeal. (c) The 1988 state petition forms shall be used in all districts unless changed by district voters. Invalid entries may be crossed out by signers or petitioners and do not taint valid ones. Entry of the year signed is .not required, nor is a listing such as street or avenue, apartment, compass direction, postal Zip code, county, or ink color. Electors whose registration record lists a mailing address may use that address on a petition. Moving within a county does not alter registration status. Affidavit errors, initials, nicknames, abbreviations, reproduction marks, and address or other variances shall be liberally construed to aid petitions. No petition shall be renumbered. Absent a private party protest, entries or petitions may be found invalid only if itemized with 10 days after petition filing and only if invalid on their face. Private party protests shall be itemized and filed within 10 days after petition filing. Other entries or petitions may then be found invalid only at a public hearing using judicial rules of evidence and procedure and held to the reasons itemized in the protest, which shall not be amended. Districts and protesters have the burdens of production and proof beyond a reasonable doubt. A PERSON SIGNING A PETITION LATER VERir ~D OR NOTARIZED IS PRESUMED TO BE A REGISTERED ELECTOR WHOSE ENTRY IS VALID UNTIL DISPROVEN. Results of any random sampling or machine reading of entries, or of any district research after a protest that aids such protest, are inadmissible. Petitioners or their agents shall be charged no fee or bond for any process, requirement, or document related to their petition; nor for district documents or data, to be provided within two district business days of a written request, that may help restore any invalidated entry or petition. Findings shall issue within 10 days after a protest filing. On appeal, to be filed within 5 days after findings issue, a state district court shall promptly hold a new trial, by jury if not waived, under the same standards. Verdicts may be appealed to the supreme court within 5 days, and shall be decided within 15 days more. Unless lacking enough entries or petitions valid on their face or for gross fraud, petitioners have up to 10 days after the final decision to file corrections and new entries or petitions signed at any time, to which this process shall apply. Petitions stay on the ballot during this process. A third petition filing is barred. Validated petitions shall receive a ballot number at once. Voter-approved petitions take effect unless the text of the measure be unlawful. Time limits in (6) are jurisdictional, but shall extend to expire only on a district business day. Any non judicial district employee or elected official who willfully ; violates any petitioner right that is provided in (6) shall be liable personally to the petition campaign committee for $5000, as enforced in (1) , and (5)(d). (d) Referred measures to amend, supersede, or repeal any petitioned constitutional or charter amendment require a 4/5 rajority vote ~ of the members of each house of the general assembly or of the local district board. No poll or survey result is admissible in any challenge to or application of any voter-approved petition. Changes in state petition laws or regulations adopted after 1988 without voter approval are hereby repealed. State petition laws in 1988 are restored only if consistent with this section and the state and federal constitutions. Unless adopted as non-emergency measures within 90 days after the election approving this section, future state or local petition law or regulation changes require advance voter approval. Unless allowed therein, past or future voter-approved petitions shall not hereafter be amended, superseded, or repealed by elected officials. ~ ~ a ~ 1 ~ ~ 1 ' ~ COLORADO COUNTIES INC. COLORADO MUNICIPAL LEAGUE 1177 Grant, 3rd Floor 1660 Lincoln Street, Suite 2100 Denver, Colorado 80203 ' ~ Denver, Colorado 80264 (303) 861-4076 M~IVIURANDiJM (303) 831-6411 To: Managers or Clerks From: Jan Gerstenberger, CML Intergovernmental Affairs Associate Special Highway Committee Designee Re: BRIDGE FUNDS AVAILABLE -Federal and State Bridge Funds and Federal Timber Bridge Grants Date: April 1, 1994 _ The Special Highway Committee is soliciting applications for funding of rehabilitation or replacement of substandazdazd bridges for three different bridge funding programs. Applications for the State and Federal Bridge programs aze due in the Colorado Municipal League office by Friday, April 29, 1994 and Timber Bridge Grants aze due Friday, May 27, 1994. r rliERAL BRIDGE REPLACEMENT AND STATE BRIDGE FUNDS This is a request for application for 1994-95 state bridge moves, and federal fiscal yeazs 1997 and 1998. It is estimated that there will be approximately $1 million per yeaz of federal funds, and $10 million of state funds available for municipal bridges. You can specify for which funds you aze applying if you have a preference; if you do not specify, your application will be considered as a request for either program. A portion of the state special bridge funds aze available through an exchange with the state of federal bridge funds (that otherwise would have gone to municipalities) for a like amount of the state's special bridge funds. The Department of Transportation (CDOT) has not imposed any additional requirements that would be placed on recipients of these exchanged dollars as compazed to recipients of municipal state special bridge funds. Program Guidelines Both programs generally fund projects on an 80% grant and 20% local funding basis. ! There are two significant features of the federally funded program that should be noted. The first'is that under " the new federal transportation program, ISTEA, federally funded bridge projects must be included in the ST1P ` (Statewide Transportation Improvement Program) which also means where applicable, in the urban area's TIP (Transportation Improvement Program). This will obviously require coordination with other planning processes, including coordination with the metropolitan planning organizations in the five urban azeas. If you have requested a federally funded project through the TIP process, it should also be submitted to the Special Highway Committee. The second point is that federally funded projects need to. be under obligation in the fiscal year for which it is approved. This could mean, that projects not to design or construction for the fiscal .year approved may not be guaranteed funding in future years: To assist , in meeting obligation deadlines, the Department is now , requesting that the local projects be.budgeted in two parts: design one year, and construction another. Differences between the programs are: ' ' (1) The federal bridge program is administered by CDOT for which there is an overhead charge of approximately 3%. This indirect cost is not eligible for 80% federal funding. All federally funded projects are administered according to CDOT and federal procedures, including review and approval of the consulting engineer selection process, bridge design, and construction oversight. (2) Administration of the state special bridge fund projects is the local entity's responsibility. There are no contracts to be signed with CDOT, nor any project oversight provided or required by CDOT. See attached CDOT August 16, 1982 Procedural Directive Number 43.1 which details the state requirements for this program, including that all work performed with these funds must, at a minimum, meet the "AASHTO Geometric Design Guide for Local Streets and Roads." The Directive also details the process for the release of the grant funds. (3) Although there is no project funding limit in either program, the Special Highway Committee has reserved the right to impose maximums on a case by cases basis for state special bridge fund projects depending on the demand for availability of funds. (4) The Transportation Commission has always stipulated that the approved maximum funding limit for a state special bridge fund project will not be increased to pay for increased costs or cost overruns. However, supplemental funds may be granted for federally funded projects. (5) The Transportation Commission has also stipulated on state special bridge fund projects that (1) no funds will be paid for any costs, including engineering costs, unless and until construction of the project is commenced; and (2) the approved maximum funding limit cannot exceed 80% of the actual project costs. (6) At the completion of a state special bridge fund project, the bridge must be replaced or rehabilitated so that it is no longer on the Select List and it must meet the legal load limits (not be a load posted bridge). This means that prior to the final payment being released, the bridge must be reinspected by the state hired inspectors, and the inventory report submitted to and approved .by CDOT. Eligibility Bridges which have been inspected and are on the Select List of the federal bridge inventory and have a sufficiency rating of 50.0 or less are eligible for replacement funding. Bridges that are on or have been on the Select List which have a sufficiency rating of greater than 50.0 are eligible for rehabilitation funding only, , unless the cost of rehabilitation is documented as exceeding the cost of replacement. Generally, any bridge with a sufficiency rating of 50.0 or less is on the Select List. You can check your bridges' eligibility with Tan Gerstenberger at CML, 831-6411, or Dana Christensen, CDOT, Staff Bridge, 757-9338. 2 The federal government allows bridges which have been on previous Select Lists but have "fallen off" because of different governing criteria to continue to be eligible for funding in the same manner as bridges on the current Select List. Bridges that have been replaced or rehabilitated using any source of funds are not eligible for federal funds for at least 10 years after the work has been completed. ' ' Each municipal bridge is being reinspected every other year through an inspection program funded with federal bridge funds and state special bridge funds. Be sure to assess the need for bridge replacement or rehabilitation on the most current data. If you have a bridge that has never been inspected (it must have a span of 20 feet or greater, abutment to abutment), contact Mr. Christensen at CDOT who can have a consultant do so. Application The following information must be provided for each structure that you are submitting for funding: Photographs of the bridge A copy of the bridge inspection report A brief narrative discussing the need for the work ~ Cost estimate remember that for federally funded projects, engineering will be budgeted one year, and construction funds another Estimated starting date of project design and construction There is no application form. The enclosed Bridge Project Cost Estimate can be used to provide most of the required information. The cost figures contained in the inspection report may be used as a project cost estimate but is not recommended as those figures don't include all eligible project costs. Since no supplemental funds are granted for cost overruns or revised project costs on state special bridge fund projects, development of accurate cost estimates are strongly encouraged. If you submit more than one application, please indicate your priority for funding among your projects. The Special Highway Committee makes an effort to recommend funding for at least one bridge project per applicant prior to funding more than one project for a single jurisdiction. Municipal applications should be sent to: Tan Gerstenberger Colorado Municipal League 1660 Lincoln Street, Suite 2100 Denver, Colorado 80264 Notification of Approval The Committee anticipates that projects will be reviewed, funding'recommendation made to the Transportation Commission, Commission action taken, and applicants notified of the status of state funded bridge projects by the end of June, 1994; and federally funded projects after STIP adoption or amendment processes. If you have any questions concerning your application or any of these programs, please call7an at 831-6411. 3 TIlVIBER BRIDGE GRANT FUNDS These funds are available for reconstructing or rehabilitating bridges on the Select List with structural timber bridges (regardless of the type of bridge being replaced or rehabilitated). Funding will provide 80% of the construction and engineering costs; preliminary engineering and right of way costs are not eligible costs. , , Approach work on roads, sufficient to render the bridge serviceable, may be included. No federal monies will be available for cost overruns or claims settlements. The Federal Highway Administration selects the projects. Funded bridge projects must be obligated and a construction contract awazded between Oct. 1, 1994 and Sept. 30, 1995. Applications should be made on the attached Highway Timber Bridge Research and Demonstration Program forms and submitted directly to Mr. Toe Siccardi, CDOT, Staff Bridge, 4201 E. Arkansas, Denver, CO., 80222, by May 27th. CDOT is limited to submitting six applications to the federal government for funding, so will be prioritizing them and submitting them by federal July lst deadline. Prioritization will be based primarily on the ranking factors as outlined on the application. The application form has been designed taking into consideration the four approval criteria specified in ISTEA: ~ Bridge designs which have both initial and long-term structural and environmental integrity. Bridge designs which utilize timber species native to the state or region. Innovative bridge designs which have the possibility of increasing knowledge, cost effectiveness, and future use of such designs. Environmental practices for preservative treated timber, and construction techniques which comply with all environmental regulations. In order to provide sufficient detail for the application form, it is expected that some early stage preliminary engineering will have been done, i.e. type, size and location stage. As this is only year three of the six year ISTEA bill, it is anticipated that there will be three more years of funding available. Project costs and obligation schedule, by fiscal quarter, are also requested. The Department Staff Bridge division is willing to help in the preparation of the application. Questions should be directed to Mac Best, CDOT, 757-9352. 4 • i'.. f c" t ~ ~ • 1t V "vvuca~~E SLi" 1 6 ~~(J , . D =~..~`7T~ ~~~i ~ Vt 1 .iL:.i i ~Ii~~ o~~~s~o" ALL Z sun~ECt ADt41 PI I STRAT I O.i OF SPECIAL E ~ I DGE ACCOUNT AUTFtOR I ZED BY N . B . 1090, 4Z_A_7_Slf+l(al, f..R.S. la-". A~ AtaFPinFn 43.1 ~ (II(C„y~ ~ suv(ps(O!iS G"ni.~~fl"u o~FKEOFFICE OF h1ANAGE'rIENT & BUDGET ~ °iS1R28ip" 8/16/82 N/H PURPOSE To promulgate a procedure for t~:~ Department of High:•rays in administration of Special Bridge Account revenues. AUTrORITY House Bill 1090, 1981 Session of the Colorado General Assembly, 43-4-205(6)(a), and (7)(a), C.R.S. 1973, as dm2nded; and ' High:vay Commission Resolutions 1138D of 3/18/82, and 12120 of 6/17/32 (Attachments 1 & 2). A?PLICAEILITY Colorado State Treasurer, all Divisions of the D~partmen*_ of Highways, and the Special Highway CoTmittee of Colorado Counties Inc. and Colorado Municipal League. DEFIPIITIOiiS 1. Special Bridge Account: Sixteen percent of proceeds of additional state motor fuel tax directed by H.B. 1090 to be divided among state, counties and municipalities. The allocation will be based on the percentage of total cost need of deficient bridges with a sufficiency rating of 0 to 50 on a scale of 0 to 100 in accordance with the bridge inventory program of the Federal Highway Administration administered by the Colorado Department of Highways, 2. Special Hiah4ray Corrnittee. The Colorado State High:vay Cemmission, in its resolution 1188-D, on March 18, 1982, authorized the Special Highway Committee, consisting of eight representatives (four representing the counties and four representing the municipalities) to recom~~end local bridge projects to the High:•ray Commission for funding from the Special Bridge Account as established by H.B. 100. Representatives of the Colorado Department of Highways' Staff Traffic and Safety Projects Branch and Staff Bridge Design Branch serve as technical advisors to the committee. PROC~DUP.ES Special Fridge Account Shares. Tl~e High:~,ay Commission annually, on or bei`ore March 31, by resolution, :•ril~ notify the State Treasurer of the percentage distri- bution cf fund; in the Special Bridge ~.ccount. Funds fr•cm the acccu~t :vill be a 1 1 ocated to the State Department of Nighr;ays, the Counties, and the Punicipalities in accordance 4rith the percentage needs as developed by the federal SriC;e inve:story. The funds allocated for the year ending June s0, 1982 are based on the percentar~e of total cost need as of OctobeT• 1, 1981. T}~e funds allocated for the follotiring ' years ending each June 30 :vi11 be based on the percentage of total cost need as of January 1 of the previous ,year. - PAGE ~ CF 3 e sus~ecr AC~'1IyISTR11Tj0i1 OF SPECIAL BRICGE ACCOUNT AUTFIORIZEO BY H.6. 1090, MUMtl(p , 43-4-2=5(611a~C.°.S. i97~, AS AMEhDEU .43.1 State Treasurer. The Colorado State Treasurer's Office will allocate monthly to the State Department of Highways in accordance with the percentages authorized by the State flighwa~ Ccnmlission receipts from the percentage of motor fuel tax assign~d_by ',aw to the Special Bridge Account. The Department of Highways will maintain separate accounts for the shares for counties and municipalities. The State sha?•~ v?ill go into the State Highr?ay Fund. Interest earned on such accounts will be credited to such accounts. Accounts in the Department of Highways are numbered FMS OOOG~-105 for municipalities, and FMS 00001-106 for counties. Administration. Administration of the special bridge accounts will be accomplished by the State Uepartment of Highways; Division of Administration, Accounting Branch. The cost of administration shall be shared one-third each by the State, Counties, and Municipalities up tc~ one-half of one percent of their allocation from the special bridge account not to exceed $30,000 a year, paid annually in July and based upon services provided in the prior fiscal year. . Pre~ess for Allocating Special 6ridoe Money to Counties and Municipalities. _ 1. The applicants submit an application for funding to the Special Highway Co~rl i ttee . 2. °The Special Highway Committee rev iews the applications and submits specific project reco~~,mendations to '.the Highway Commission. Specific project recom- r,.~n~atiens ~+~ill include the maximum recommended amount of state funding for each projec*_, not to exceed eighty percent of the total project cost. 3. The High;vay Commission approves specific projects to be funded and the maxi;r,u~;~ amount of state funding for each project. 4. Ttle Special Highway Cem^it*.ee notifies the local entity of the Hightivay Ccr,.mission's approval of the project. . 5. Within forty-five days after receipt of the notification of project approval, the local entity certifies to the Special Fligi;~~ray CoTr;itt2e that it intends to proceed v?ith the project and that it has, or ti•?ill ha~:e by a specific date, the re~:?ired local matchin, fords. .A design engineer's preliminary cos*_ estina`e and a sp?citic construct'on sche~'ule, including a start date and prej~r:*_ed project close ou: date, shall accornar~~ the Cer•ti`ication o` Intent to Pr~JC~°~ UrIIcSS gCQ!I CaU~:' 15 ShU'r.'n fOr dela;!°U tr]n~~,ilttal. Uper, the failu"~ of and dpp+Kant t0 prop/.de t~11S Certl~iCdtlCn ~r,d ?r'gin°Ur''S ~OCI.:';entat10r1, 0" the ar.,^^,^aranr.~ of dispr~nportion~~te cost in the doc;.°.~ntstion, the Special Hieil- way ':c:-.~i'te~ may reco,l~c:r~n~J that th:~.Highrray Co~-~l,sion re~-~ve its appro~-sl fo:• fur~lln^ or the project. ~ 6. Th? initial ;portion of ~tar.n funds 'gill he re~~a:ed a>•tzr the local entity sut~ii;,~ a ~ertificatir~n o` Pro;^ct Start to the Saeci~l }ii~i~,:wy Cer~::~,itte' or lts ~1r.cignated r~pre~°nt.~ti~~~(s) (CiiL and CCI SpECial Hiyh:;ay CC^,mittee ~ st,:`= pFr.~~s). The Ccr^mltt~~ or its de;lgn,~ted repr~;en[.7Civ? notifies i~n ~.vri;,;r.~: c:;2 Stara D~~~rrr,,e~rt o` Hi~ih:r~ys' Execu~ivc Director of the reels- Jf the Certificatlnn and the Execuci•:? t~irccter ur• his designated reDr^=-'1[~~tlve relca~~~, `ir"cv perr.ent of the _;,ate fur:.i~ u~Jt:lcrl~e~! `or th? ~r~;cc:. Pn~ E ? O>= 3 3U91tCT Ali;•llill~fH{\fl0i! Ur Si'ECIaL l3lZ1DGE ACCOUiIT AUIHI)kIZEU Ei'( fi.Lt. 1090, ,.u.w..4 43-4-Z-5(G)(a), C.R.S. 1973, AS A~•IEPlOED 43.1 7. The second portion of state funds will be released after the entity certifies ~ to the Special High:vay Committee or its designated representative(s) that forty percent of the project is complete. The Committee or its designated representative Rot1f1e5 in writitrg the State Department of Highways' Executive Director of the receipt of the Certification and the Executive Director or his designated representative releases an additional forty percent of state funds authorized for the project. 8. The remaining portion of state funds will be released after the local entity certifies to the Special Highway Committee or its designated representative(s) that the project is complete, the entity has contributed a cash match, which is, at a minimum, twenty percent of the total project cost, and that it has advertised for and has made final payment to tine contractor. The committee or designated representative notifies in writing the State Department of High:~ays' Executive Director of the receipt of the Certification and the Executive Director or his designated representative releases the last ten percent of the state funds committed to the project. 9. Any approved project may be withdrawn prior to the commencement of construction upon notification by the applicant to the Higtraray Commission through the Special Highway Comrni ttee. Preliminary and Construction Enaineerinv. It is the responsibility of the local . entity to provide preliminary ana construction engineering estimates, design, and supervision. If the local entity requests that the Department of Highways provide such services, the costs wilt be billed .to the local entity. Preliminary engineer- ing and design costs incurred are an obligation of the local entity whether or not the project proceeds to construction. Upon Certification of Project Start by tine local entity, preliminary engineering and design costs will be included in the project cost, tcg?ther with construction engineering and sup~rvi5ion. Costs for such services should b2 no more than t:•renty percent of the total project costa The Action Plan process of the Colorado Department of ;-iigh~:ays need not be folio:red for such local bridge pro,;ects. Unicss Federal furl; are involved, the br;dn2 reno~;.~tien :~+ould~ have to rr.ee. Federal st;:rrdards for design unless the local entire sF~~ifier'this. Bric!~e desi~:n on such state-local funcJ~d local bridge proj?~ts shall as ,:~min~rus confers to the "6eom~tr-iC Cesign Guicle for Local Roacs Ind Stre~t~," issu^cr by thz American Associa- tton of Ststs Hi.yh~r%,y and Transportat?on Of>'i~i~a}~7(~.,'.;;{;C?. j , i~ / / • L' L~ lam' ~ ~ , G / Exe~u ~ ~ v~~ 0 i roc sor Par, _OF = SPECI~IL BRIDGE FV~D BRIDGE ?R0.1ECT COST ESTI:(ATE Stzucture Number . Municipality 1 Entineerir.e: Preliminary Engineering $ Design Engineering Construction Engineering and staking Project Engineering • Final Inspection TOTAL Et.'GI~'EERItiG COSTS: $ Labor - Katerials - Eauioment: Mobilization $ Site Preparation Excavat?on Abutments/Piers/Piling Structure/Deck/Guard Rail Approaches Pavet:ezt TOT:,L LAEOR - t4,TERInI.S - EQUIP?•!cVT COSTS : S Cu::ci: ge~cies: $ TOT,;:. ?."CaEC° COST S Dace of aid 4pe::i: Projec~ SC~rc Date: Pro;cc, Co~•oletion Czce: G.j C :-:1 C Preparou by ~ Title: DsC~: Appro•:ed by Titles: D1t~: H I C~'II1AY T iNBER BRIDGE RE~-i A1~D DBVCTt~ i tiAT I CN Mt~ts~M Application for Timber Bridge Construction Grant . FY 1995 1. State: . County: Bridge Nave: PBI Structure No. (15 Digits): U.S. Congressional District and N~rber's Nare: Location Description: Type of Construction: [ ) Replacarent [ l Rehabilitation 2. Estimated Project Construction Cost: (PE and R]N costs are not eligible) Putt: .Approach roadway costs mast be shann belay and are limited to that necessary to render the replaced or rehabilitated bridge serviceable. A project will not be considered for funding unless the total bridge cost is greater than 75 percent of the total construction cost. Bridge Cost: Construction Construction Engineering Total Bridge Cost Approach Roadway Cost: Construction Construction Engineering Total Approach Roadway Cost Total Bridge and Approach (Construction) Cost: . Federal-aid Construction Grant Requested . (Not to exceed 80 percent of Total Bridge and Approach Cost) 3. ligation Schedule (Indicate FY quarter in v~hich construction will be let to contract and funds obligated) 4. Priority rating factor (See attach~r~ents) . • PF~~u T INBER PR~l1EGT DE9CR I PT ICN A. Structural Type: Factor A [ ] Longitudinal timber bean with deck [ ] Saiui lurber bean syste°rr . 1 .0 [ ] GI ued I ani Hated t imber beam syste~ris 1.2 • [ ] Longitudinal timber deck superstructure with 1.0 I [ ] Long i tud i na I g l u l an o r nail - I ani Hated deck ' Ii III [ ] Longitudinal timber stress-laminated deck ( ] Timber truss 1.5 [ ] Timber Arch 1.5 [ ] Other: (Describe & suggest a factor) Length of the maximm span (XK.X meters) B. Deck Elarent: Factor B [ ] Transverse nail-laminated or plank decks 1.2 [ ] Transverse glulan deck panels 1.5 , , [ ] Longitudinal glulan or nailed-laminated deck 1.3 II 9 [ ] Longitudinal timber stress-laminated deck 1.5 I~ 11 ( ] Concrete deck 1.0 [ ] Concrete/timber carposite 1.5 ( ] Other: (Describe & suggest a factor) Q.~rb-to-curb width of bridge (XX.X meters) _ C. Source of Timmer: Factor C [ ] Native to the State or Region 1.0 L [ ] Fran outside State/Region or unkno~nn 0.8 II ~ I ~ D. Envirom~ental Practices and Techniques: (For information only) AAPA Approved Preservative Planned: [ ] Creosote (Type ) [ ] Pentachlorophenol (Type ) [ ] Copper Naphthenate [ ] OCA [ ] Other (Describe): E. Other Enviromrental Considerations: (For information only) [ ] Project has environ-riental concerns ( ] No envirom~ental concerns PRIORITY RAT1~G FALiu-t The Priority Rating Factor (FRF) ranks candidates in ascending order; the smaller the PRF the higher the candidate's priority for funding. Please crnpute the factor to two dec irr~ I p I aces . Rating for innovation fRll: Structural Type Rating: Factor A [ 1 x Nf3x irrun span I ength [ ) A= 9 A= (not to exceed 6.00) Deck Elarent Rating: B = Factor B [ ] x Deck width [ 8 6= (not to exceed ~.OOy RI _Ax6= 18 Ratino for Source (RS?: RS = Factor C = Rating for Need (R'V1 ~ _ 80 -Sufficiency rating( 80 (Chly candidates with sufficiency rating less than 80 are eligible) Ratino for Effective Use of Bridge Funds (REI: ~ - Total Bridge Cost = Total Bridge and Approach Cost Formula for Priority Ratinu Factor: Y Priority Rating Factor = 10 (R f + Fi~l 1 x RS x R1= Priority Rating Factor = amount of $9,870,000 (the "1~ to 1,974, inclusive, in the interest payable semiannuall} and maturing serially on Dece Amount M $1,385,000 6,035,000 1,525,000 915,000 5,000 5,000 WHEREAS , the 1982-C are subject to mandatory beginning on December 1, 1994 to and including De cembe r 1 , interest, without redemption forth below: . ~ u ~y TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 303-479-2100 FAX 303-479=2157 MEDIA ADVISORY April 6, 1994 Contact: Suzanne Silverthorn Community Information Office 479-21 15 VAIL TOWN COUNCIL HIGHLIGHTS FOR APRIL 5 Work Session Briefs --Todger Anderson Residence, 1 175 Sandstone Rd. The Council was briefed on a request to release a deed restriction on the property. The action would enable the Anderson's to apply to the town to convert 1,200 sq. ft. of crawl space to living space. In exchange, the Anderson's would restrict a lot adjacent to their property as permanent open space. Previously, staff and the Planning and Environmental Commission recommended denial of the request, citing a concern about setting a precedent which would allow individuals to shift GRFA from one site to another. This, according to TOV staff, would be contrary to the concept of a floor area ratio (GRFA) which limits the amount of mass and bulk of a structure based on the size of the site on which it is located. At the request of the applicant, the Council tabled the matter at its evening meeting. For more information, contact Andy Knudtsen in the Community Development Department at 479-2138. --Request by Resident Ed Gund to be Relieved of Interest Payment The Council agreed to modify the method of computing interest on Gund's tax bill for the Booth Falls Berm Special Improvement District. The amount in question is 5837. For more information, contact Town Attorney Tom Moorhead at 479-2107. --Town of Vail Fourth Quarter Financial Report Finance Director Steve Thompson presented an overview of the town's financial status for 1993. General fund revenues exceeded budget by 5228,000, and real estate transfer tax fund (RETT) revenues exceeded budget by 5934,000 for the year. At the same time, general fund expenditures were under budget by 5319,000. The capital projects fund expenditures were under budget by 51.6 million; however, 51.5 million will be rolled forward into 1994. The RETT (more) y TOV/Add 1 expenditures were under budget by 5605,000, of which 5630,000 will be rolled forward into 1994. Thompson said the town ended 1993 with "healthy" fund balances totaling 510.2 million. For a detailed report, contact the Community Information Office at 479-21 15, or call Thompson at 479-21 16. --Street Noise in Village Core The Council heard presentations from Police Chief Ken Hughey and Public Works Director Larry Grafel on the sources of noise in the village core (early morning . deliveries/trash pick-up; amplified sound; residual noise; human noise; and snow plowing noise) following complaints from Sheika Gramshammer of Castoff Gramshammer. Grafel shared results of a survey completed by 60 properties in the core, which tended to support the frequency and timing of existing snow plow operations. After a brief discussion on limited options regarding additional noise reduction measures by the town, the Council decided to focus on revising the town's amplified sound ordinance. The Council expressed an interest in eliminating the practice of piping canned and/or live music to outdoor decks and other external areas, unless the entertainers are performing there (outdoors) live. For more information, contact Grafel at 479-2173 or Hughey at 479-2209. --Work Session Between Council and County Commissioners In their first joint session since last November's .election (on the transportation sales tax), County Commissioners Johnnette Phillips and Bud Gates asked councilmembers to resume discussions with the county on issues of common concern. A list of possible topics was drafted to include: water supply; open lands; planning and development; transportation; and Berry Creek Fifth, among others. --Town of Vail Mission/Vision/Goals This item was postponed to April 12. Evening Meeting Briefs --Cornice Building An ordinance establishing a Special Development District (SDD) for the Cornice Building was approved on second reading by a 6-1 vote with Tom Steinberg voting in opposition. The Cornice Building is ,located between the Vail Athletic Club and , the Tyrolean Inn. The SDD will allow demolition of the existing structure and the construction of a single family dwelling unit. The applicants, David and Myra Smith, also will be required to relocate and permanently deed restrict three employee housing units. For more information, contact Jim Curnutte in the Community Development Department at 479-2138. (more) t 1 TOV/Add 2 --Investment Advisor A resolution authorizing Dana Investments Advisors, Inc., to manage part of the town's portfolio was unanimously approved. The action is expected to result in higher yields than what the town has been able to accomplish on its own. For more information, contact Steve Thompson, finance director, at 479-21 16. --Trappers Run On a 6 to 1 vote, with Merv Lapin in opposition, the Council passed a resolution _ authorizing acquisition of Trappers Run through negotiation or condemnation. Lapin said he voted against the resolution because of his concern for a potential conflict between review of the major subdivision requst and condemnation proceedings. Gateway Development Co. has submitted plans to develop 30 lots on the property. That action is scheduled to be heard before the Planning and Environmental Commission on April 25. The 48-acre parcel is zoned hillside residential and is listed as a priority in the town's newly-adopted Comprehensive Open Lands Plan. It was noted that approval of the resolution continues to allow all options to be, negotiated. Those options range from limited development of the property to retention of the entire parcel as open space. Diana Donovan, a Vail resident, urged the council to consider development potential when negotiating acquisition of the property. For more information, contact Town Attorney Tom Moorhead at 479-2107. --Roundabouts The Council gave authorization to proceed with the design for roundabouts at the Main Vail interchange. The project will be subject to approvals by the Federal Highway Administration, Colorado Department of Transportation, Planning & Environmental Commission,. Design Review Board and the Town Council. Construction is expected to begin in September. The estimated cost for reconfiguration of the roadway, signage and lighting is S650,000. Landscaping, at an additional cost, would occur in the spring of 1995. For more information, contact Public Works Director Larry Grafel at 479-2173. --St. Moritz/Sister Cities Councilmembers agreed to use Town Council contingency funds to cover the cost of sending four councilmembers as part of a 30-member delegation to St. Moritz, Switzerland, in July. The cost is estimated at S 1, 500 per person. Council participants will include Peggy Osterfoss, Merv Lapin, Jan Strauch and Sybill Navas. Three town staff members, Town Manager Bob McLaurin, Community Development Director Kristan Pritz and Public Works Director Larry Grafel, will join the delegation. Their costs will be covered by a combination of professions{ development funds and the council contingency budget. The 4-day fact-finding trip will focus on marketing, special events, personnel exchanges and municipal services. (more) TOV/Add 3 --Announcements VA's discounted coupon program for front range skiers generated 657 transactions - over the weekend in the town-owned .parking structures. Those skiers are receiving vouchers for S5 parking. Flowers will be sent to the family- of the Ride the Rockies participant who passed, away March 20 from injuries he received, during an accident at State Bridge last summer. # # # ,k ~ - _ ~h TOWN OF VEIL . 75 South Frontage Road - Yail, Colorado 81657 303-479-2100 ~ MEDIA ADVISORY FAX 303-479-2157 April 6, 1994 Contact: Suzanne Silverthorn Community Information Office 479-21 15 VAIL TOWN COUNCIL HIGHLIGHTS FOR APRIL 5 Work Session Briefs --Todger Anderson Residence, 1 175 Sandstone Rd. The Council was briefed on a request to release a deed restriction on the property. The action would enable the Anderson's to apply to the town to convert 1,200 sq. ft. of crawl space to living space. In exchange, the Anderson's would restrict a lot adjacent to their property as permanent open space. Previously, staff and the Planning and Environmental Commission recommended denial of the request, citing a concern about setting a precedent which would allow individuals to shift GRFA from one site to another. This, according to TOV staff, would be contrary to the concept of a floor area ratio (GRF,4) which limits the amount of mass and bulk of a structure based on the size of the site on which it is located. At the request of the applicant, the Council tabled the matter at its evening meeting. For more information, contact Andy Knudtsen in the Community Development Department at 479-2138. --Request by Resident Ed Gund to be Relieved of {nterest Payment The Council agreed to modify the method of computing interest on Gund's tax bill for the Booth Falls Berm Special Improvement District. The amount in question is 5837. For more information, contact Town Attorney Tom Moorhead at 479-2107. --Town of Vail Fourth Quarter Financial Report - Finance Director Steve Thompson presented an overview of the town's financial status for 1993. General fund revenues exceeded budget by 5228,000, and real estate transfer tax fund (RETT) revenues exceeded budget by 5934,000 for the year. At the same time, general fund expenditures were under budget by 5319,000. The capital projects fund expenditures were under budget by 51.6 million; however, 51.5 million will be rolled forward into 1994. The RETT (more) TOV/Add 1 expenditures were under budget by 5605,000, of which $630,000 will be rolled forward into 1994. Thompson said the town ended 1993 with "healthy" fund, balances totaling 510.2 million. For a detailed report, contact the Community Information Office at 479-21,15, or call Thompson at 479-21 16. --Street Noise in Village Core The Council heard presentations from Police Chief Ken Hughey and Public Works Director Larry Grafel on the sources of noise in the village core (early morning . deliveries/trash pick-up; amplified sound; residual noise; human noise; and snow plowing noise) following complaints from Sheika Gramshammer of Castoff Gramshammer. Grafel shared results of a survey completed by 60 properties .in the core, which tended to support the frequency and timing of existing snow plow operations. After a brief discussion on limited options regarding additional noise reduction measures by the town, the Council decided to focus on revising the town's amplified sound ordinance: The Council expressed an interest in eliminating the practice of piping canned and/or live music to outdoor decks and other external areas, unless the entertainers are performing there (outdoors) live. For more information, contact Grafel at 479-2173 or Hughey at 479-2209. ~--Work Session Between Council and County Commissioners In their first joint session since last November's election (on the transportation sales tax), County Commissioners Johnnette Phillips and Bud Gates asked councilmembers to resume discussions with the county on issues of common concern. A list of possible topics was drafted to include: water supply; open lands; planning and development; transportation; and Berry Creek Fifth, among others. --Town of Vail Mission/Vision/Goals This item was postponed to April 12. Evening Meeting Briefs --Cornice Building An ordinance establishing a Special Development District (SDD) for the Cornice Building was approved on second reading by a 6-1 vote with Tom Steinberg voting in opposition. The Cornice Building is located between the Vail Athletic Club and the Tyrolean Inn.. The SDD will allow demolition of the existing structure and the construction of a single family dwelling unit. The applicants, David and Myra Smith, also will be required to relocate and permanently deed restrict three employee housing units. For more information, contact Jim Curnutte in the Community Development Department at 479-2138. (more) f ~ - TOV/Add 2 --Investment Advisor A resolution authorizing Dana Investments Advisors, Inc., to manage part of the - town's portfolio was unanimously approved. The action is expected to result in higher yields than what the town has been able to accomplish on its own. For more information, contact Steve Thompson, finance director, at 479-2116. --Trappers Run On a 6 to 1 vote, with Merv Lapin in opposition, the Council passed a resolution . . authorizing acquisition of Trappers Run through negotiation or condemnation. Lapin said he voted against the resolution because of his concern for a potential conflict between review of the major subdivision requst and condemnation proceedings. Gateway Development Co. has submitted plans to develop 30 lots on the property. That action is scheduled to be heard before the Planning and Environmental Commission on April 25. The 48-acre parcel is zoned hillside residential and is listed as a priority in the town's newly-adopted Comprehensive Open Lands Plan. It was noted that approval of the resolution continues to allow all options to be negotiated. Those options range from limited development of the property to retention of the entire parcel as open space. Diana Donovan, a Vail resident, urged the council to consider development potential when negotiating acquisition of the property. For more information, contact Town Attorney Tom Moorhead at 479-2107. --Roundabouts The Council gave authorization to proceed with the design for roundabouts at the Main Vail interchange. The project will be subject to approvals by the Federal Highway Administration, Colorado Department of Transportation, Planning & Environmental Commission, Design Review Board and the Town Council. Construction is expected to begin in September. The estimated cost for ..reconfiguration of the roadway, signage and lighting is 5650,000. Landscaping, at an additional cost, would occur in the spring of 1995. For more information, contact Public Works Director Larry Grafel at 479-2173. --St. Moritz/Sister Cities Councilmembers agreed to use Town Council contingency funds to cover the cost of sending four councilmembers as part of a 30-member delegation to St. Moritz, Switzerland, in July. The cost is estimated at 51,500 per person. Council participants will include Peggy Osterfoss, Merv Lapin, Jan Strauch and Sybill Navas. Three town staff members, Town Manager Bob McLaurin, Community Development Director Kristan Pritz and Public Works Director Larry Grafel, will join the delegation. Their costs will be covered by a combination of professional development funds and the council contingency budget. The 4-day fact-finding trip will focus on marketing, special events, personnel exchanges and municipal services. (more) - TOV/Add 3 --Announcements VA's discounted coupon program for front range skiers generated 657 transactions - over the weekend in the town-owned parking structures. Those skiers are receiving vouchers for S 5 parking. Flowers will be sent to the family of the Ride the Rockies participant who passed away March 20 from injuries he received during an accident at State Bridge last summer. # # ~ h" ~y TOWN OF VAIL 75 South Frontage Road, - Vail, Colorado 81457 303-479-2100 FAX 303-479-2157 FOR IMMEDIATE RELEASE April 4, 1994 Contact: Peggy Osterfoss, 476-0503 Bob McLaurin, 479-2105 Mayor Town Manager Ken Hughey, 479-2209 Police Chief VAIL TOWN ATTORNEY ISSUES PUBLIC APOLOGY FOR DUI ARREST, (Vail)--Town Attorney Tom Moorhead, 45, today issued a public apology following his arrest Saturday by Vail Police. Moorhead has been charged with driving under the influence and careless driving and is scheduled to appear in Eagle County Court at 9 a.m. May 24. According to police, the incident occurred shortly before midnight Saturday when Moorhead, who was traveling alone, was headed eastbound on South Frontage Road when he ran off the right side of the road. There were no injuries, although the town-owned car Moorhead was driving received extensive damage. Moorhead's use of a town car is authorized by his employment agreement with the Town Council. Moorhead was hired by the Council in July 1993. Moorhead's statement is as follows: "I sincerely regret this incident. Hopefully _ this will not reflect upon or impact the Town of Vail negatively. I now recognize how easily this can happen to anyone. Appreciating my professional role and personal responsibility, Iwill respond positively in all regards." (more) Moorhead/Add 1 Police reports indicate Moorhead was cooperative during the investigation, said Ken - Hughey, Vail Police Chief. "We will be referring the case to the District Attorney for review and prosecution," he said. "The DA will determine if an independent review of the investigation is needed." Moorhead has no prior arrests for drunk driving, according to Hughey. Moorhead personally reported the incident to Mayor Peggy Osterfoss and members of the Town Council early Sunday morning. "The Town Council has been pleased with the professionalism that Tom has brought to the job as our town attorney," said Osterfoss. "This is an extremely regrettable incident," she said. "We don't want to understate the severity. The Town Council will monitor this situation in the weeks ahead, and will make decisions in the best interest of the town. This is a personnel matter that will be handled in an executive session format by the Council." # # # 7 1 1 1 V V 1 V 'ION REFUNDING BONDS IES 1985 AMBER 15, 1985 fCIPAL AMOUNT OF ,715,000 GAYNOR/KEHOE CONSULTING SPRING/SUMMER 1994 A BOTTOM LINE A OACH TO HUMAN RESOURCES AND LEADERSHIP DEVELOPMENT Increasing the group is destined to yield r, t' Productivity with solutions far more creative ~n ` 'z- - Better COIYIiYli1i11CatiOri than can be imagined by any ,.t~. one individual. Team work Just about anyone who has also allows the job to get ever held a job has experienced done better and faster, but the symptoms of communication perhaps more importantly, breakdown. The employees feel team work recognizes that that the management is unap- each individual within the proachable and uninterested in organization has something of their input. The manager feels value to offer. that he is too busy putting out ~ ~ From "boss" to facilitator r . the fires to spend time ; . { 1 ` , explaining the "big picture" to To date, the preferred style of ~ rr ~ Y . em to ees. Resentments build ' ' P Y management has been to com- and productivity suffers. mand and control from the top Alysia Kehoe offers over nineteen years of experience in human resource disciplines down. Inspiring team work and. ranging from orga~aizational and leadership A better way roductivi however re uire a develo merat to sta an and'techraical P tY, q p ff ~ g~ What is needed, say the busi- different style of management. recrustmerat. ness guru's of the '90s, is a The boss no longer functions new style of leadership that as a "cop," but as a facilitator allowed to be creative without will foster productivity and whose primary function is to fear of business "politics." As creativity. Corporations like create an environment of open a result, businesses will gain Lockheed, Data General and communication where ideas the competitive edge that General Electric knew that and information are freely comes from increased produc- their survival depended on exchanged. The- facili*,ator-helps tivity and innovation. finding an alternative to the the group define mutual goals, traditional and often antago- acting more like a conductor Help is there nistic roles of "boss" vs. than a director. Many businesses rely on the "workers." Their solution: services of a human resource opening the lines of commu- The payoff professional to help them put nication in order to facilitate The rewards of ateam-orient- new ideas to work. Gaynor/ team work. ed style of management are Kehoe Consulting specializes many. Productivity and morale in helping businesses use T~vo heads are better than one will improve when employees human resource processes to The principle behind team become personally involved in implement change and communication is really quite working toward a shared improve their profitability. For simple: if everyone partici- vision. In an atmosphere of more information, please call pates in the problem solving, mutual respect, individuals are Alysia Kehoe at (303) 949-1435. Call Gaynor/Kehoe Consulting for a free one-hour consultation, C303) 949-1435. All~un~ Ally~~~... and technical individuals with and organizations of all sizes. For Alysia Kehoe, human the same interpersonal skill Over the past few years, resources provide not only a base as their managers. Alysia Alysia has been a consultant more holistic approach to also designed corporate to and conducted work- employee relations, but also a Career Development assess- shops/programs on a variety means for making businesses ment tools for over 20,000 of human resource issues for more profitable. employees at Computer the Vail Valley Arts Council, Sciences Corporation. Alysia is the Vail Valley Medical Center, Alysia has nineteen years expe- a certified Facilitator in Destination Services of Vail rience as an internal consultant Zenger-Miller programs and many others. in the fast-paced corporate including "Quest," a total world. She put theory to quality program, and V practice where as a technical "Frontline Leadership," which ~"~sta~a®~$~~ recruiter she drove cost per focuses on developing man- 'Alysia is a delight to work with - o full of energy and enthusiasm with hire down by 3S /o. As a staffing agers into leaders. keen insights and a knack for com- manager for a large computer ing up with creative solutions. Part company, Alysia managed a Alysia came to Vail after teacher, part therapist, she makes $700,000 budget and four receiving her Master of even the toughest challenges a joy to recruiting professionals for the Science in Human Resource overcome. I highly recommend her as growing business. Management from Widener both a trainer eyed orgasiizatio~aal University in 1991. effectiveness coiasatiltant. " Alysia is the author of a Team Gaynor/Kehoe Consulting was -Larry serviolo, Manager of Quality Communication Program established in 1992 to serve & Productivity Enhancement, which provides professional the needs of local businesses Computer Sciences Corporation (CSC) ~~1~>I1~S5: SEI~YI~FAIEt~iy Creating ~"C}pen. Communication: IBespec>t", Lil~ten ~I~vvvlve".ti~: " . " ' "")l~adershtp:"S9cills f®r`the 21st." An""erivironrzient o€:op~ri ;commiiriicati©n is.orie ;where`.`"fe~rri Cemtuay"::iby i~ly~ia"1C~ehcie , associates<.. r:. " - : , ' ;rriembers and their; leader learn"to `give grid'get' .ideas ~frorii; each" " ~ ' ~ " " °other; "and where "constructive feedback is freely exchanged:. "The " Aprrl , 8 . ~ ~ Individual 8r; ;T'earri , " Camriiunicatic~n - following key `elements arc critical to the success.of;creating: an " " = "Eagle=Vail"Przvitiore>, envirQriment of "ripen communication:. -May .S ,&'„12 -Leadership & ~ { , ~ _ - ."~`":tJ=~".E~>ta>m ""'""g~~.1F~ : Whether it's"a"daily".meeting,: or""a,. i'- Interpersonal Skills :Training monthly coffee "klaCsch; a regular.forurri for.`excfiarige". . " , . " , , . or "s elk" be rovtdes an :opportunity f freight t ture~n~ team" Eagle-UazlPavilion:. p . - " , , , - June 10 "strategic "Thinking , . "`;members, departments a"rid itr~anagers. Planning , ~ Eagle-'N'ail Pavilion-..,,' Q--~,)~~~tg "lL9~tei~. `I"lie rriost"difficuit part ref the- listen-" " ~ ing -process is ,keeping -.your own: ideas""out of"it: µThe""""; " " " "June"23 . - "The Law "Sz:. ' , ` "acid" test"„ of""listeriin is restatin , to the s Baker's sans= °"",:Psychology`of : g," $ . P. , " "Employment= ,faction, ",what the; speaker has .just ;said. Eagle-Vail Pavilion . ~ , i3--~" "1~ax)< Res ect. -Without" it, team members will: be"~reluc- For: more "information, call:. _ " . •.GaynorLxehoe Consulting at tans. to, share their ideas "or. listen to others. {303) `949-1435: " ~ "T~1~ag~Acttu®~i. "Any; feedback received" at listening sessions " sp©nsarecl:hy Avon Beaver.ereek. must "be "eclcl"ressed with answers; ,otherwise, team "members , " Resort Association and Codoratlo may "fear negative repercussions,: or. simply view the. whole Mountain. college. process as a, futile exercise. , Call Gaynor/Kehoe Consulting for a free one-hour consultation, C303) 949-1435. • eML Wn~2rcSHoP FOR ELECTED ofElelALS - ` Denver, Landmark. Inn -Saturday, May.14,~ 1.994 ' ' _ $:1S' .Registration and Coffee. - : ' 11;15,_, TABOR Amendment . _ • : Wliatyou'need,to know primer on TABOR 8.30' Welcomo;ind Introduction. requirements: & recent developments ' ,-.Gary Seq~s; CML Exocutive'Board , _ 'David Bivadanell,`CIGIL StaffAttorney President; Manager,:Glendale ; ` ' ' " ~ ` 8;45 ,Conduct of 114eettngs _ 12.00 Lunch• = ]?arliaineritaty.Procedure as a.Useful Tool ~ ~ - ~ Dwayne Roberts, Registered Parliamcntanan' 1 IS .Roles tnd Rehtionshlps : , 9 30 ~ Shaping trends and forces affecting , Conflicts of Interest and Oppen Meetm$a mtinictpal government Legal ResponstbtLhes of Public., Officals Roltcs,of clcctea officials = rv ~ Ceoff Wilson CML Gcno`ral Counsel ~Councillmanagb[ relationship's lO.1S' Break Effeotjve:ceairiwork and 6ommuriicadon lO.3O B~Iineing Your Persopal,ind Profeasiondl Ethtee , Carl Neu Pres~denE 1Voti and:Cornpany - Dr:'.Davrd Dalke, Author& Management C"onsuhant '4:00 .Adjourn . . •eML Wn~rtsHoP,r~i~ ELECTED.v~IelALS . Grand. Junction, Hilton Inn Saturday, .May 21, 1994.' $;15 Registration ind Coffee `11.15 TABOR Amebdment ~ - ` : Whaf.youneed to know: pruner on TABOR' ~ 8:30 ;Welcome and`Introducton requiremenrs`& recent developments - ~ iYfary B~riwri; CML' Exeetinve Board Pasc ' , Davrd Bmadenell, CML"-Staff Attorney - ; President; Gouneilmombcr, Steamboat,Sp[ings , 8.45 Conduct. of Meetiage . , - ' I~EOO" Lunch ' ` ' Parlisinentary.Procedui~e se a Useful Tool: ' ' ' ` DwayrieRobeits; Rcgiscercd.Parliamcntarian 1'fS ' :Roles and'Relationehipe Shaping trends:and forces affecting 9,30' Conflicts of Interest ind O n Mcetin a . ' pe $ municipal government Legal Respodeibilities'of Fublio Ofliotals Rol'os, of elected off eials ' GeoJf:Wilson, CML Gencial Counsel Council/manager;elatiohships 10.15 Break ~ Effcouve. teamwork,and communication ' Carl Neu Pres~dent Neu and:Company , ' .10.30 Balanccng Your Personal and Professional Ethtca • • ' Dr. Davrd Dglke, Author & Mariagomont Consultant, ` 4:OO Adjourn _ 'Wotksho~ ~ ' ~ Workshop participants who.attend the full day _ ~ Credit workshop: will receive 7.ciedits.towards.thei;~ ° ' Munictpal Elected Offictals' Leads;ship,- ' Training Certificate-Sign=up and pprogram - - .description forms will be proytded.in. the' • , ~ ~ workshop packet.for those tiot,presenrly.,, , ' - enrolled:in the program R~gistratioti The.registration fee..for members is $60.if : . • 'Fee • ' received by the League on or before May`6 for . the Denver workshop or May 13 for; the Grand • ; Junction,workshop; and $70;if received after these ; . dates for the respective workshops Non=members • ~feea sie $80; The non-refundable fee:covers cosCoE all mateiials,;refreshinents~ and-lunch: . ' • ,Hope to sec you thcrcl - - ~ _ • ~ : Registration Form'.- CML Workshop foi< Elcetcd Officials. Please submit a separate form for each participant"-This form may be copied., ' - . ~ Name ~ ~ , . _ - isle Represents. ~hone• . Address _ ~ - . , . . 'City/State/Zir~ ` ~ . Registration Fee DENVER 'GRAND, JUNCTION $60 (If received by CML.before May 6,1994). • $60 (If recetved ~by CML before May 13; 1994). • $70 (If recetved.by CML. after May 6; 1994): _ _ $'70:(If recetved.by CML after.May 13, 1994). • $80 (Nonmember.:fee) - $80 (Nonmember fee):_ Non-refundable regtstraaon fee includes cost of materials and lunch: Return this,form with fee no later than ~ , Mayai,,1994; for the Denver workshop,'and Iviay.l,3; 1994; for :the Grand-Juncnon..workshop, Make checks ` payable and marl to Colorado`'Municipal'League,1660'Lincoln St; Suite;2100, Denver;'CO 80264: ' JOIN US ~ Lcarnfhow you can become a more effective leader to your community!' ' The'.Colorad`o Municipal League invites you to an all-day training workshop desgned..to At ThC`~ p;oxide a better overall understanding of municipal government and,how to be;a more' : ETGCfCd;: effective mayoi, councilmemliet, or board member ` Off 1Cia13 The Inormng,sesslon provide-basic Information on parliamentary procedure, legal requub menu for open meetings, a legal and phllosopFiical discussion of conflict of Infeeat for public . • Workshop officials, a basic overview:of:yoilr municipality's responsblhties and a status update oii Amepdmen l (TABOR) amendment: ' The'roles and relationshlpssesslon mthe afternoon helps-elected officials understand and' : ' use the skills contributing o effective policy formulation and. implementation: The session combines lectures; a provocative video case study, and discussion to provide a~piactical and " Corigratu/6r,ons highly-useful learning experience ; ` ,on your : Ttie workshop also.provldes an excellent opportunity to meet and talk with other munioipal , ' ' ` " ° officials about gommon problems and commonsoluaons election(' . Hotel ~ Reservations at the. Denver Landmark Inn Denver-Landmark 'Inn are avallable.bycalling (303) 388 5561`Ask ' 455: S Colorado .Blvd :Information AVe . for ~overnlnent rates ($45 single/double, - - - Apnl 30 cutoff date), '~?s~ ~ _ NA Overnight room reservations at the Grand enxnMne A ' 'Junction, Hilton Inn. can be made by;calling n'""~~ , (303):241-8888. Room rates are .($55 single; ~zs~' ~ $65' double; Apr1120 cutoff date) ` Directions The Denser Landmark Inn is'conveniently Grand` Junotion Hilton Inn,'. located Insoutheast Denver; l mile north of , 743 Horizon .Dr (at I 70) L 25. on Colorado Boulevard at 455 S rc seii isles cur wekeru r ~~nterstete 70 Arlled r pp~a., ~ . Colorado Boulevard _ - • cRUVU ,icr, .HILTON-~ ~ The Grand Junction Hilton Inn Is accessl c eo~a . N ' "};"~ra° ble byp taking'the Horizon Drive exit off ' I 70.'It Is located at 743. Honzon Dnve, lust ~ A : south.of I-70. ~ I¢ I - Colorado Municipal Lczgue~, I ~ r ~ti ~ " 1660 Liiicolc St Suite 2100 ~ ~ ~ ~ ~ i iJ ~.rJ~TAGf i. DCIIVCt:CO 8(1264 - MAR3l'9~i ~ ~ 1 ~ - ~l~.z 9 . _ C_3 JB'M4T'E A. . cso49ce., • - - . • ~ l.~'""""" c~ . Presented 6y nn~A1I111„„ 'J /n~ Colorado I:rIL W V~~~NV~ . Municipal. , ~ ~ f , F For Elected Of f icals ~ c~a9ne tai ~ I Saturday Ma 141994 * ' DennerLandmvrk`Inn ~ H~ i.4ti Y - Saturday 11>Iay 21.1994 - ~ - N~. . ~U~~,:.~,...... . ~ Grand Junction-Hilton inn - - , ' ~a> - • ' ~ ~ ' . ~ s: t• ` 1 ' ~ ~ ~ ~~i 'i '~'V, „u 1 i • :~G..i. r r s SENT BY~EAGLE COUNTY 4- 8-94 8:59 ;.~i~ 30332872Q7~ ~ 3Q34792157;# 1/ 3 j.:,:': _ ` ~ . , _ I April 5, 1994 - 7 4:10 uwiE ~x7uNrr R<r~t~wc ~ `j ~ ' • f.. • ~ 55 I RRUAL)1VAY QFFlCE OF 7HE t;:, ; , • ~ . P.U. 1SgX $5U &7ARD OF CCJAiIMIS510f~RS ~ : • ~•~'r;,:; , ~ F C, C01(7RACri3 8 I B (303) 325.8605 ;.:,:f.;• FAX: ~3D3) 31R•7~07 ' EAGLE CtJU~ITY!~ COLORACtO , AGENDA B~A~~ ~F CC~~JI~TY ~t~MlVll~~l NEt~ REGIJL'AF~~~IVI~EETffuG SAY APRIL;1"1;`194 R:^~ ' " I ~ x. ' +16 dF if ii it ii ~ t +F 9 iP 16 $ iG ii ~F' s* # i6 '~F: ~IE• # 9k;;:aE •1F iE * -IF ~ t dr iF f iF ff ~t !F iF ~ ~ ~ ~ i i~ :`x;; ` Ire I 0$:30 - 09:00 WORK-;~ESSI(}N MEETINGS A"I"rENDED 09:00 - 10:30 WORK DES ION - W~IrKLY UPDATE - Mt of the Hoy Qme Room •Jack`. Lewis~County Manager I a.; 10:30 - 11:0(1 BREAK fs'.:~~'~ c, 4. h. _ . 11:00 - 12:00 WQRK SESSION - hENDINt3 LITIDATION MloftheHolyGmeHoem Jam$$ R. Fritze, County Attorney SCI ~ pr. '12:00 - 07:75 LUNCH -ELECTED OFFICIALS 01:7 5 - 02:30] Pt7-298-9 -A-COTTONWOOD pUD AMEN MENT ~ ..I ~o,,ea~,eynea~ Keith ;Montag, Director, for Sid Fax, Planning Manager, Community Development , ACTION: ~Co~`sider a request for amendments to the approved .P,UD;'_Fjlan for Cottonwood. (tabled from 3/29194) ~ ~ . PD-296-9.4-P-Cottonw.ord Rreliminary Plan j Amendc•nen# Keith Montag, Director, far Sid Fax, Planning ~ ~ , Mane der, Community Development i ACTION: Corsi" er a request fc~r amendments to the approved j Prei~im ary Flan for Cottonwood. ~ {tabled frarn 3129/9. 1~ frf ~ ,1 :t .r .j. 'v;~'~ 1'. „ ' t i ' SENT 13Y:EAGLE COUNTY ; 4- 6-94 8;:59 3033287207 3034792157;# 2/ 3 i ~ 0:30 - 02:46 CONSENT ~ LENDAR Eq)le Co~mty quern ~ i Nmna of • retQlpe rmn•pgp4t0Yprtlal rleta• Ori PMaiad m~ Uw ceimnp aaler to allow the Board o1 COra~tY Commamlonera to eporW 1lo Wne •n0 espy on mm• imporr•at iterrq On •1enpthV •p•nda Any Commrodono, may YeWwM the~~ ~1ltaa be'flEMOY®• Lom the eormeM odordr and cornidered •eprWOly. pny ra•mbW of the public may 'tiE0UE5T' °^Y ltmp ap ^flEHOVEP' R9fl1 [t10 GOIIPCIYI ~ , 1. BILL PAYIN Linda I'ank~ch, Accounting hllar SIlverthorn, Contre~ller ACTION: Approval s~bjeet to review by the Caunty Manager. 2. PAYROLL FOR APRIL 14, 1994 Jack D. Lewis, County Manager ACTION: Approv2~i subject to review by the Caunty Manager. 3. NOTICE:..:.UF._:A~IIARD;yFpR FRYING PAN ROAD PAVING PRQ.IECT , r , 13an ~Fessler, Road and Bridge Supervisor ACTION: Ce~nsider approval. 4. TRANSFER OI~ IININENAL HECLAIVIATICIN PERMIT AND $IJCCESS[t~N OF PIrRAT1UNS APPLICATION PACKAGE- LILLY GRAVEL Pf~T, COLORADO DIVISION OF MINERALS AND GEQLOGX ~RMIT NUMBER M-77-046 Larry Mett~rnick, Engineer ACTION: Consider approval. 02:45 - 03:00 BREAK ~ ~ ~ , x3:00 - Q3:30 PLAT AIV6`RESOLUTIDN SIGNING ~.rn•a~rn~ra Pattie Haefali,'Planning faepartment 03:30 -04:30 LIO,UOR' LICENSE WEANING E•yet:r~tynoom NEW -MGEMSA dba CORDILLERA GOLF CLUB Mary Jo Berenato, Deputy Caunty Attorney ACTION: Consider appr~Qv~l. 04:30 - 04:45 A. ASSIGIIIMENT. pF, SUBDIVISION IMPRi.1VEMENTS EepNCaultyRaoln AGREEIVIENT.,FOR'.EL~JEBEL TEXAGQ lillary ;1a Ba`renata, Deputy County Attorney ACTION: Consider apprav~ll. 1 ".T ~ ~k" i ' ~ i 4:1WF`59~Dt~C41APH111,A~3F. i ' ~ i - 1 SENT I3Y~EAGLE COUNTY 4- 8-94 900 ; 3033267207-~ 3034792157;# 3/ 3 '~i 1 - i t~. Ct3NTR~lC ~ WITH THE STATE OF GOLQRADQ REGARDING ~ ftE1MBl)R$EMENT Td EAGLE COUNTY FOR SOME CU TS OF PROVIDING PUBLIC HEALTH SERVICES 70 ELIGISLL; LEGALIZED ALIENS IN FISCAL. YEARS 1991 AN17 1992 Mamie Gates, Director of Nursing AGTION~ Gansider approval. ~C. IN'I'EpG01/ERNIUt1_N7AL AGREEMENT -'1=t7R UALLE RESOI;IR~'E MANAGEMENT _ ~ ; (tabled from` 3(28I94)_~__,J Ci n Hessler, ~ . .,r___~~_~,._. Road~and Bndge,~l)ireatarj _ ACTION: Consider approval. X4:45 - OPEN MEETIN Eagle CourdY Roam ~ ~ _ .:,_......t,::: .L_~. ~.:i: , r5•n~y l ~ t. 1 i I I i I I ~ . . } I 1 THE NEXT MEETING OF THE EAGLE COUNTY COAdb115510NER6 WILL BEHELD CIN AFfiIL ~9, 1804 TFN6 AGENDA 16 PROVIDED FOR INFORMATIONAL Fg1RPD6f£ 6HLY -ALL TIME6 ARE APPRp%IMATE THE BOARp WHILE IN SESSION hAAY GONSIOER 0TH ER IT~MS THAT ABE BROUGHT BEFORE IT. G:1WP51 IDOGSlf1PRl7 7 .AGE i SENT BY~EAGLE COUNTY 4- 8-94 1150 30332872Q7~ 3034792157;# 1/ 3 1 - : ~ • ~ xr J'"• r April 8, y $9~ - 17 :p2 • ::..F,:~ ::~g' rAlatt counrrY sulLUiNc OFFK[ Ot: rNF. P.ll ROf( R5~1 ObARp OF COMANSSIONERS ~ c, _ EAGLE, COLOKACIO S i 6;1 (30~) 36.8605 ~'~i,~':~•.:::'~>' fAX (3U3) 31R•7207 _ • EAGLE CL1LlNTY, COLGRADC~ AGENDA BOAR ~ OF C~IJNTY ~C~MMIBI~NER~ .h~.. a, d__ ~ REGU/p~L/~.~AIRh~~M~E~~{yETING DAY I11 I~ I Fw .rl V'~......~'•;~ ~ ~ ;!a ~ ar' * an f ~ ~ ~ ~ ~t ~ ~ ~ f ~:,~,al~ a ~ 'iF.::.a~.;'~,::a.,x~,_ ~ ~ ~ ~ +I s ~ a ~r s ~ f ~ ~ as:ao - 1a:3o WORK; S~SSIpIV.~=--~~r~~~LV u~PDar~ MLarrtraHNyCkaaeRoem Jack D Leirvis, County Manager s~ ~ ~o:~a - ~I, :ao BR~~?K ' ~ . ~ it ~ 7 7 :00 - 12:00 WORK, SESSION -PENDING LITIGATION Mr aln,eHdyoomRamn ~lames~~. Fritz~~Cpunty AttUrn~y 12:04 - 01:30 LUNCH Q1:3p - Q2:3Q WORK S~~$ION = `ME~TINt~$ ATTENDBD MS 4f ifro Halt' Crpas Roam x2:30 - 02: 5 i CONSENT C/hL~Nt]AR'° Eeple Cotcrty lioam Itarrs ar y raupro u~p narvcantraymmm netve ere wxpa pn Stie acrmni cmendpr to~4law thou8on4 pr Gpunty GamnteaFalaa to pPt»KI Ile tune tmd snerpy orl mote ~mDartaM (luny en s lertathy s0axie. Any CommlealarMr may legtiest'that en pwn pe 'REMOVED" Fran the eonuatt calendar uw colreleerad eeaeratNy. Any member d the pu6lie may "REWEST ~rq ream be `REMOVED" from tFr Cement Apsnde. '1. BILL PAYING ~Linda~~~Pankueh,,~Accountfng Mark Silverthorn, Controller /~GTION: Approval":subject to `.review by the County Manager. C:~1NP611pQCSU#PRI1 B.AGE I ~ 4 SENT BY-EAGLE COUNTY ; 4- 8-94 ; 11 51 30332872Q7-~ 3Q34792157;# 2/ 3 2. COUNTY ~ VETERANS SERVICE OFFICER'S MONTHLY REPORT ~QR MARCM, 1994 Jai k Johnson, Veterans Service Clffioer ACTION: Considecl~ppraval. ~ 3. CONTRAf~T BETWEEN EAGLE COUNTY, STATE OF ' COLORAb~D AND THE LANDPLAN DESIGN GROUP FOR DEVELOpINO A COMPREHENSIVE MASTER PLAN FOR THE EAGLE COUNTY FAIHGiROUND$ Mike Bradley, Building and Grounds Manager AGTIQN: Consider approval. 4. HOME HEALTH CARE CC}NTRAG ' Marge Gates, Qlrector of N rsing ACTION: Consider_~~prowal:-.,~:: 5. NOTICE OF AWARD FOR 1994 GARDRAIL PROJECT John Althoff, Engineer Don Fessier, Road and Bridge ACTII:?N: Consider approval. f , 6. BII~ ACCEPTANCE FOR OFFICE SUPPLIES `Alicia Holder, Purchasing .Mark Silverthorn, Controller ACTIC7N: Consider approval, 02:45 - 03:tMa A. o1V1lSION`QF CRIMINAL JUSTICE DRUG CONTROL EroleCOUnsyRoom ANd "SYSTEM IMPROVEMENT PROGRAM {DG$IP) APPLICATION FOR FUNpS FOR ONE OFFICER AND A VEHICLE Kim Andree, Sheriff's Office ACTION: Consider approval. B. 1994 VDCA ASSISTANCE APPLICATION FOR VICTIM V(~LLJNTEER COOI~bINATOR Kim Andree, Sheriff's Office ACTION: Consider approval. ~ C. RESOLUTION CONCERNING APPOINTMENT TO THE OMEN . SPACE COMMITTEE: KENDRA SCQTT TO REPLACE BEN WURTSMIGH AND CHRIS ESTES TO SERVE AS MEMBER l=OR GYPSUM Jame R. Fritxe,' County Attorney ACTION: Consider approval. C:1~511C?OCSWPRIIB.AG~ SENT BY~EAGLE COL3NTY ; 4- 8-94 ; 11 51 ; 30332872U7-~ 3034752157;# 3l 3 D. RESCILUTION AUTHt~RIZING F11=°1'H PARTIAL RELEASE OF COLLATERAL FOR SUMMIT VISTA, PHASE ll SUBDIVISION; AND ACCEPTIING LETTERS QF ACCEPTANCE AS COLLATERAL FOIE UVApRANTY PERIOD Phit1 Scott, Engineer ACTION. Consider approval, E. CONTRACT WITH THE STATE OF CC}LGRADO DEP/aRTMENT OF HEALTH 1=ClR SPECIAL SUPPLEMENTAL FOOD PFtOGRAM FUR WUMEN, INFANTS, AND CHILDREN (dba WIC PROGRAM) I Margie Cates, Director of Nursing ACTION: Consider approval, i ~ - RESC1LilTI{~111F--~-~?~;1'f'~HO ZING SUBSTITUTION OF COLLATERAL' FOR FILING ~ 4 CORDILLERA - LC i ~ ER OF CREdIT FOR 19~,1{~i.~S i, ' Mary Ja Berenaty, eputy County Attorney - ACTION: Consider approval. G. l~lb ACCEPTANCE FOR NE RECONDITIONED WATER TRUCK D n essler, Road a ~ d Bridge Director ACT10N: Conside~a~proval. ~ 1 p~:30 - C14:t10 UaUOR LICENSE HEARING Eapb IiolmtY Room 1. RENEWAL -EAGLE \lA1L RESTAURANT GROUP, LTI7, dba PADDY,S 11. TRANSFER OF OWNERSHIP - BEAV>;R CREEK' FOOD SERVICE dba SADDLE=RIDGE AT BEAVER CREEK ~tahled form 41194} Bab Loeffler, Attorney's Office ACTION: Consider approval. U4:00 - 05:00 ~ BUARD,,DF SOCIAL $ERVlCfS EalhCa~aRow~, ; K' thl en Forirlash, Director of Social Services 06:30 WORK ES IaN -EAGLE TUWN COUNCIL. u>g w..c 2,w THE NEXT M(;EfING OF THE fAriLE CQUNTI! COMMIBSIpNEHS WILL BE HElO ON APRIL l8, 188# THIf9 AC+ENbA l9 Ri4V10fD FOR IHF4RMJ1TIQNAL PURPOSf3 ONLY - ALL TfIdES ARE APPR175ttN1ATE. 1'Ff@ ROARO WNIL(e IN SESSIQN MAY GQN91~f]i OTHER ITEMS THAT ARE tIRONGHT ltEFt7(lE iY. C:~WP5I~DOCf3~APFll1 B.ACE 1 ~ r a , t i1? TOWN OF VAIL 75 South Frontage Road ~ Office of the Mayor _ Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 April 8, 1994 Mr. Bill Wood ' White River National Forest P.O. Box 190 Minturn, CO 81645 Dear Bill: The Town very much appreciated the presentations by the Forest Service and Vail Associates on Category III at the March 22, 1994 Council worksession. The Town has reviewed the available information for the proposed action and has had an opportunity to visit the site with Vail Associates. Based on these preliminary discussions on Category III, the Town has identified issues that may directly effect the Town and other environmental concerns that we respectfully request be analyzed as part of the Category III Environmental Impact Statement (EIS). The following are issues that may directly effect the To 1. Category III will expand skiable terrain by 25°l0 on Vail Mountain and be a significant new product in the North American market. The Town would like to fully understand the analysis and assumptions underlying incremental skier day projections associated with Category III. The Town is not only concerned with 'peak skier days, but also days when the optimal number of skiers is exceeded. The Town recognizes that Vail Associates and the Town need to work together to determine the maximum number of people that the Town and Vail Associates can accommodate without straining resources, reducing efficiency, or impairing the guest experience. This information is critical lIl determining impacts to man-made and natural resources in the Town of Vail. VA has indicated that they will commit ~to a marketing plan designed to manage skier numbers. The Town needs to understand how this will work. 2. The Town welcomes the opportunity to work with Vail Associates and the U.S. Forest Service to determine key services and limiting factors for growth within the Town of Vail that may be related to Category III. The Town recognizes that many of these "capacity" issues need to be addressed regardless of Category III. However, the Town believes that this is a crucial time and an opportunity to identify capacities for services and natural 'resources that will help develop a sustainable plan for growth. The Town believes that most of Mr. Bill Wood White River National Forest April S, 1994 Page 2 the information necessary to address the issues below is available between the Town and Vail Associates. The Town looks forward to working with Vail Associates to synthesize and compile the available information to address these issues. Issues that need to be considered in relation to Category III include: A. Evaluate the ability of the Town to accommodate incremental changes in parking demand. B. Examine traffic flow impacts at the I-70 interchanges and Town ' of Vail intersections to determine if existing capacity is adequate to accommodate any traffic flow changes. C. Determine whether the current Town bus system will be adequate to accommodate any changes in ski lift usage at Golden Peak, Vail Village, or Lionshead. The EIS should also determine whether increased traffic resulting from the expansion will require improvements to the regional mass transit system (i.e. Leadville to Vail & Vail to Edwards). Will additional mass transit be needed within the Town? D. Evaluate whether pedestrian access to and frcm ski lifts in Golden Peak, Vail Village, Lionshead, and Cascade Village will be adequate and safe. E. Determine whether the Vail Valley Consolidated Water District will have adequate water supply, hydraulic pressure, and sewage capacity. _ F. Determine whether emergency services (Fire, Police, Ambulance) need to be improved or expanded. G. Quantify the air quality impacts in the Town of Vail from any additional traffic and woodburning. H. Determine whether Category III will accelerate development in the Vail Valley or significantly effect Vail's full time or part-time population. I. Determine the direct and indirect change (multiplier effect) in employees as the result of this project. Will ary anticipated change in employees effect the existing need for employee housing? t Mr. Bill Wood White River National Forest April 8, 1994 Page 3 J. Determine whether the project will significantly increase refuse generation and affect the capacity of the Eagle County Landfill. To what degree can recycling or waste reduction methods offset these impacts? 3. The Town encourages a full examination and evaluation of alternative designs and sizes for the expansion area. There should be a strong justificatior_, based on the analysis in the EIS, for the size of the preferred skiable area as opposed to a smaller expansion with fewer lifts and facilities. A major reason why Vail's guests and residents have come to the Vail Valley is because of the areas natural resources. The following are issues that may effect environmental quality in the area: 1. What would be the direct and cumulative impacts on wildlife from the proposed expansion? It seems that a significant amount of baseline data has been collected and could be utilized to determine these impac~s. Other proposed and ongoing actions in the area that may need to be considered in the analysis of cumulative impacts include: . A. Wearyman Timber Sale B. Proposed Pearl Creek Timber Sale C. Other timber sales in the area D. Possibility of a reservoir on the Eagle near Redclifi E. Increased development at Beaver Creek F. Proposed Adams Rib ski resort , 2. The nonpoint source water quality impacts of the project need to be quantified and mitigated. 3. Construction of a restaurant on Two Elk Creek and bridges over the creek need to be closely examined for impacts to wildlife, water quality, anti loss of wetlands. 4. Impacts from any proposed septic tanks need to be clearly evaluated. 5. Discuss whether this project is consistent with the Forest Service's ecosystem management approach. In other words does this project have a significant impact on the areas ecosystem that can not be mitigated. 6. Determine the construction related impacts of the proposed project This area provides critical habitat for elk calving in the spring. How will wildlife impacts be avoided or minimized during construction? If helicopters will be a • Mr. Bill Wood White River National Forest April 8, 1994 Page 4 used in the project, what will be the impacts from the resulting noise on predators and game animals? . 7. As the Town understands, Category III would not be part of any VA summer program. How will VA or the Forest Service control access to the area during the spring, summer, and fall. 8. Are improvements to the existing ski area required to provide adequate access to the Category III area? If so what are the impacts of these improvements. 9. Has an inventory been completed for threatened and endangered plant and animal species? An explanation on how this habitat will be maintained with the expansion would be helpful. 10. After mitigation measures are implemented for the proposed expansion, what monitoring will occur to determine the effectiveness of mitigation techniques? The Town looks forward to working with the Forest Service and Vail Associates on the Category III expansion and in helping to address the above stated issues. The Town will be meeting with Vail Associates to address the capacity related issues within the next two months. Capacity information and solutions that relate to Category III will be forwarded to the Forest Service by July 1, 1994, so that it can be incorporated into the Draft EIS. Please contact Russell Forrest at 479-2138 or myself if you have any questions regarding our comments. Also, we would appreciate being informed of future public meetings and being kept up to date on the progress on the Category III EIS. Thank you again for your cooperation. Sincerely, Peg~y ~~sterfoss - Mayor, Town of Vail xc: Vail Town Council Bob McLaurin Pam Brandmeyer Kristan Pritz Russell Forrest Randy Stouder r: ~ MIL ~ xc: ~ STA'1'~ OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 OT 222 South Sixth Street,' Rm. 917 Grand Junction, Colorado 81501-2769 Il, (303) 248-7208 Fax (303) 248-7254 April 1, 1994 Mr. William A. Wood District Ranger White River National Forest Holy Cross Ranger District P. O. Box 190 Minturn, Colorado 81645 Dear Mr. Wood: The Colorado Department of Transportation (CDOT) received your recently transmitted information on the planned expansion of the Vail Ski Area. Thank you for including CDOT in your scoping efforts to prepare an Environmental Impact Statement (EIS) for this expansion. In 1986, during the Environmental Assessment (EA) preparation for the last Vail Associates Ski Area expansion, CDOT provided considerable input to identify and minimize impacts to the existing transportation . system in Vail resulting from that expansion. Several commitments were made by the U.S.F.S. and Vail Associates at that time and those commitments should be renewed and honored in this NEPA process. We. would also request that a detailed and comprehensive transportation study be completed as a part of this EIS effort. In 1986 Vail Associates committed to no more than 19,900 Skiers-at-one-Time on .the mountain to attempt to minimize transportation impacts to Vail and our transportation system in the area. However, _ no mechanism was ever incorporated into the expansion to measure, track or report these daily on-mountain numbers. Some system needs to be developed which accurately measures these skier numbers, then notifies the U.S.F.S., CDOT and the Town of Vail so congestion management plans can be initiated to keep ski traffic moving and congestion at a manageable Level. A comprehensive plan which includes congestion management and transportation demand management strategies needs to be established to mitigate major transportation impacts to the Vail/I-70 transportation system. CDOT, the Town, the ski company and U.S.F.S. should cooperatively develop and participate in this plan. During the last EA discussion, very little was done to directly mitigate transportation impacts on the existing system. With additional skiers drawn into Vail with this new expansion proposal, these congestion/parking problems could be compounded several fold. A comprehensive transportation analysis will point out these weak links within the existing transportation system and should identify some reasonable and effective mitigation strategies. Mr. William A. Wood April 1, 1994 Page No. Two We appreciate being included in this NEPA effort and will provide input throughout the development of these EIS's to avert major failures in the Vail transportation system in the future. If there are any questions about these comments, please contact either myself at 248-7223 or Rich Perske at 248-7212, both of us located here in Grand Junction. Very truly yours, R. P. MOSTON DIRECTOR, TRANSPORTATION REGION 3 4`~ - BY:. LAURENCE R. ABBOTT REGION ENVIRONMENTAL MANAGER LRA/rff cc: L. Grafel, Town of Vail Siebels Gambrill/Gerstl Perske Sherman/Nelson J. Smith/E. Hill Abbott File April 8, 1994 Mayor Peggy Osterfoss Vail Town Council Dear Peggy: Regarding banning amplified sound outdoors in Vail so Sheiks Gramshammer can convert rooms at the Gastof Gramshammer to commercial space: We have been listening to the Gramshammers' self-serving, inane complaints for 30 years. They merely ask that our entire community operate according to their whims, desires, and profit-motives. The "squeaking wheel gets greased" theory has been re-invented by both Gramshammers and flogged to death. Sheiks admits that her lodge does not have an air conditioning system and that causes the guests to open the windows. So, rather than install an air conditioning system in her lodge, she runs to the Town of Vail and requests that the nightclubs. "install sound-proof windows and proper ventilation". This is ludicrous. If noise pollution honestly becomes a problem in Vail Village, the Council should address it. But do not address it if only the Gramshammers are railing about it and possibly using it as an excuse to convert lodge rooms into more profitable commercial space. Si ely yours, Dave Garton DG/sg cc: Vail Daily Vail Trail P.S. I now note that the proposed ordinance would only allow external speakers used by an entertainer performing outside. Is it j ust a coincidence that that is the method used by Sheiks to attract patrons? Come now. ~ MdSd-ER t. N DE'~K --`Phe.ci'tyo Boulaer,will - hold a pulilie "stakeholders ' ~ meeting about its contro~er ' ,sial master plarining criteria i ~ ~Vednesday'from 4 o n p.m 4 at the city councilchambers Previous draffs of'the plan, ' which addresses all aspects of - ~ ~flevelopment, 'including the need tor.affordable`h'ousing D - in ttie city's last remaining ~i~ndeveloped areas;,have met ~~vitli.dissatisfaction; especial- ~ Ip from Boulder's`t"u~incss c~ominunity.;. , ~ "It s important for all con- 1 ~ - :'stituencies to attend this ' ~ ~ ' ~°meeting,"said long-range ~ ? ~plaiiriing director Sob Cole. ` 1 + Addit~onaT:meetingswlll be~ ~ ~'I ~ ~ , he1d:=April 20 and 27" .y (1 ~ ~ r ~ ~ ~ ~r t. , ~ra: ~ r a _ ~,TI-Ifi DHN~tER P[~ST ~ - r r'e ~ cal ~ovennerit cant _~.ag~ our ctie~ Fr +kLia Orr finance otfieer of the: r rNIGHTfromPage,dE v,.": 5' t u • .,E- ~ cit tsaid inEanswer to~a questlor~,. aanding when anew facthty is to ~ riasweek that-she has-asked'`for e,btiilb pr altered:In those.casgs ,further explanatton and Eor con-`-` t11e"^altehed portion-;oflthe"fagility ju ferences,omthe subject:~The rill s hould).,be readtly accesslfle~to Y , l?ubhc. ;Works Department ,has.a nd{usable by ttidividuals with dts ~ pointed out tpat'the impact,of the btlrttesy' r proposed,pohay tstliat the cttt~` ,Obviously .when"it comes.tia'ap 1 would haye't the location of news, lying. these,principles to the issue o"urli "ramps; decided: not by how ' ~ street maintenance there are a ' tnany'people~mtght use'the ramps L leiof big'pro6l~ins s i 4ht'by totaChappenstance dretated't ~~ta Street a facility Is routine ~ by resurfaetng requirements or'th`e'~ a~ntenance such assresurfacing ' ..location of potholes ' n Falteratton that""would trigger i. tC makes+ no sense .whatever to e'higher standardsrfor curbkcuts b"yiI~i'ramps in areas where there d'ramps~ Flna~ip; does the'fill ~is liftle orrno use by either pedes goof a"major pothole' constitute .,tinans or bg'those in wheelchairs, ? nraltecatton~'Does'routine patch yet that clearly^jwould•tie the result ~gr of ~~cracks make the .street ' ~ , oI following the city"'attorney's`? ore usable and thus tugger the' ` .opinion eed to provide access for the dis .The lessons from this expenence''' bted~,;; ~ ' " ! ' ' aceboth clear and familiar. This i5 ; z The'answers~ ta•'those"~questions ~ `.6ut ahotlie'r."example^of`an unfund>f• ;en t fully avatlable o ` s etl~ federal'. mandate%'.- a hrgh- What :is avatlable is a Peniisyl so riding declaration liyrCongress sine court case decided by, the of a public policy without regard,! rdCCtrcuit Court of Appeals late a to total cost or who will be asked est year's `~r' t }r ~ ~ to pay the bills ~ y A laundry list of groups filed It is an.event that happens with±~ rtend'of the coos 'briefs, mclddtngd a,; inereasing,~ frequency. Congressr pe United Cerebral PalsyAssocta 'passes legislation that is dehber•' onf Eastern Paralyzed Ueteians j atglrrtmprecise and vague It is f~ America 'th'e iAssoctation- for a imprecise ;because iinprectstott„ 'arsons' with Severe Handicaps 1 neatly serves the purposes of polit"~ md*the Departm nt of~Justice, r' ticta+ns-constantly trying to'please3 ~Iti tti'apcase the~court field that ar~ , ' "everyone wtule defer>;ng to the fu s+', tweet -is a far-lily ~ithin then lure such-,petty details as how' nearing of the a t and that recur '..much the;new policy will cost , acing of a street'is an alteration & Tl}e regulators also'are culprits Vhat ttiat means .should. the- U S here They are after all unelected upi'eme Cour"t r~efuse'to`'~review and~free'tofill the vacuum created he case later.this,month;'is that f ` by Congress and to;dictate what very time's sir et is resurfaced y the, yaguellanguage'tised by Conk ill of the intersections in that"prof + - , grass actually means?a + . ct must be ma wh~elchair~ac { c `In this.tcase the regulators, tn© essiblei ~ 'Department of .Justice used This, 'alone represents a huge ~ term =alteration = sti loch' 6as'a htft from extst[ttg policy.. Phila . distinct` meaning in, connection' Ielphia,aike Denver and many oth with lidildmgs 'and''makes great'p r cities, bas been following the 1 sense; tidt'it'is all butdseless when rcactice of msCaljing curbtcuts,on talkin -about streeEimamtenaheP= y when work. orf'' the city streets ~ ~ and repairi - _ ^ rtH'erwise affected the, curb' or ' ,idewalk or when,a complete re `',~r` Likewise the law,vers for spa-', et~al interest groups pia} an impor--. on'structton of a'atreet was: re b 1 luti'ed. Denver, id.should,be point f, d out; .also hlhad a fund for .+t ~ nstallation oYcucb cuts where.ap - - tropriate as to highly traveled ar ' ~ ° ' as or'around car sin publigfacilt ~ The. regulators are also~cul~rn~ here Z ~~ey ale- after all unelected and` ies , - ' The,pathnle issue aia not figure freeto fill the vacuum created bv:Con~~ess and't~ dl~tate «hat the , hrectly m the Philatlelphia case. ` ~ ' nstead; the Denver city,attorhey's VagUe•laIlglllge USed ~1}' ~ OIl~['CSJtaCtilall} 111Ca11S. )ffice 'for reasons yet to.'be ex ilatned "interpreted the Philadel Cant .tf uneonstructive_role; look- bitiidmg would have to he retrofit " do wander cttp attorhevs m many slue case m a way that see"ms tom ~ r the o ortumt to ex loit led io assure full access For the dta' 'other G S :cures are aroused`s; No999 g: PP, Y' P . re ieaciiing for new problems. The imps+, else phrasfiig mrways, that stied. This was never,: the an-, „wonder thc.U 5 Conference of 1R2v:' 'pb.'23 opimon~signed bytCityAt can so climes turn the,legislativr pounced mtent;of Congress. ors has fi]ed a friend o£ the co i orney Dan Mu e'and'AssisEant tent'iipon its head and grant'than '..The pliable defrnrtron`of alter; brref with .the Li S Supreme Court, ity;AttorneyrN [man R Ba{tge v~ctories they'cotildinot achieve n ation' provided by the .Jdsnce De• askvrg for a, review of this der n~r,y neni"eays tt wool jbe prudent? to ~he`floor\Of Congress l pertinent assures nc~re "will be Thrs lc but [he latest e4amp e -1 nclude curb rams;in major pot It..is in onceivable for aces 1 i~ many more lawsuits :as rf,anothei were needed of '-5y' tole , piolects P}~gilgnt isn't qutte that, Congress intended even ma- - The courts~li} ; bear a heavy; • "the public should beginao objet hekrigfit }fiord Stupid might^be a„ borpdthole4;repair to trtgger~the m responstbihty: ~ 'unfunded .federal mandates 1 hey ' loser fit' The Clrcint Court decl istallahonnof curb{cuts;,yet4thatstc, The 3rd'Ctrc m urt of'.4ppeals : are almosttal ta}~ an inutat ~ ton keep m mind specifically' the p~ospect now„faced by Denver imthvs case relic .i n the follnnang : pedal niter t lauvers and a court laid; We are not called upon to lecide' whether^~iilnor, repaiis or.:lTtiat would befitketrequiring that =logic A street i cilrtl°. ? recur svctem aIP too ;eager' to prop id` namtehance"trigger the'btiltga egery,ttme,a r`eom is patnted;or an facing is an alu, r r a-. , lleranon marching ofdcrs to other branche{ ~ leetrieal socket;3iov the entire` fequrre3 curb c of government ionsaof accessitiilrty forr~'alter i er~ +r. s s,,t,,;-; _ a~ _ ttinns ?nder ADA. If the court - ~aa,5dodge;the ;pothole. i'ssuer's why." •an't the city attOrney~ , t,:Thankfully;, there are people lvitliin;"the Wellington Wehti'.ad~ mitifstratipn`whd'have giiestioned° the"sweeptiig,nature of the city~at-'. forney's:opinton and mayyet get it. - ~ rt hinkin about h r g,. <r ` _ _ Th ; iea 1Btfo help inc ease the num- i ow tiiitst be ecstatic Wtui., , - - , - ti nd of mission some lawyere oulds ive lis ono~rrfiea chlarpgdia and h ~ +e g a proposed g ~ ttieir'BMWs.for Because; it s,a`cinch. tionar war.of man v5. the bugs:- 'S oki Area. on the Y , , ~ - ~ ~ ` ~ - ' Let s say,the squad would increase the Last spring, President:Chnton Been.., waribn the, _ - mm~berof'execuhotrs by-oue ;just one ~s are heavy-that the ..pharmaceutical companies One "of; Ame. lost productive lethal infection. Okay lets,realty roil the r stamp the proposal industnes felt the muscle of governmentim..,udatm Tlie;;Cliii- r'~~~ ~tlice and~.say,the isquad_;would_:.increase marginy.It has".received tons informed us that [h'e costs of drugs were the resu~t of exploi- F tlie,numtier of executioq`s by two. .ubhcdy ~3nd virtually no -tattoo and~greed a ?ational disgrace:~Spending less fhan~;l:-per- ' sir i kE;ther_ way,?rite squad;;would:;have'in ' ;.;ipatton cent of the:.gr•oss national product,on -softening theicryelty `of ~ f,k creased;the number of execuhons. That's ~ ,rsgigside (,ttyHall said _the"deal , „ aging while: mendmg~mmd.and, body is a~-national dtsgace~ . , : ~ so'iiiethin`g; thatfhasn f beep done. in Colo- ~ reased;. , ; } , ; Here s a reality check: the cosmetic andustry 'accounts "for 10 ~ ~Y i i'add since;1967 If you recounting, that's er terms oYthesecretl ne otiated percent of the GNP _ Y g ~ ''t' rn ~ ~''`~S 27;,years or:~several Death 'Row life- ' agr mentj' Wmtec.'"Park - one bf the : ":Mrs. Clinton then attacked the industry overahe cost of child ; i,+j +1 + ~ , r,~" ttrties So we-could be tiack m.fhe lethal 6 star s. finest recreational properties and hood immunizations.'Do"you suppose that a major portion of the ~ ,,,Y,.d~+r ~ ~ 'injection b~isiness'not counting injec- ,r a f el among America s ski areas - cost of baby shots mightbe found in the pockets of the law? Have ; ~ i lions for all those animals that never did. wo be sold'"to itsboardbf trustees, the we forgotten the mindless media attack on immunizations that ,a~~ ~yl~""„ anyttung to anybodp. sa insidcrs who were~negotiating,with' ~.led'to thousands of lawsuits?'~A major TV network warned par ~N~ti' r r ^ ~ 'The additional lawyers to,.~send the i.' the ty°' ^ ` eots~of the dangers of neurologic damage resulting froiri;pertus ~'rj •tleatti squad--into orbit<would`.cost addi- ~j A 24:5"tnilhon, it seecged ldce aaleal: cis (whooping `cough) shots. Of'course; they forgot to warn" par-- . ~ 1 ' / tional money; .ar so the GAP Hbuse ma- As' grand larceny. ,ents that the dangers of not~~immunizing far outweighedthose ~ t ~ ,~.jority tia`lieved Nt problem Ttte money, ~ ith the insiders' deal exposed,City ~ ~ related to protecting children from~clironic lung. diseasc4 While "fl f+ «J,i ~ ,aplum~ $400,000 would be pluckedfrom Hal iswas spooked.. The City Cohncil vote ' ,"the pediatric community pleaded for sanity, almost all of the' ,a{-;t ~ _ ~s- '-the'pubhc~defendersf~.tiudget ^I wa postponed for three weeks. manufacturers stopped making baby shots. It was too risky: Do ~ _ t ~ You~inay~,have heai'dahescreams. n with that extra, ttme members, you suppose today's costs have something to do with yesterdays ~~~~t ,,.r~~~ . ' r Notmatter.wtuch sidepf the d"each pen- + of ~Cy Council didn hget a look;at the ' ~1-f6Gl~a sm`k~~ir! - altytissue you'""may be on:or wtiich side of i;~ 52- "ge'~ sales agreement. unto three ~ ~ Please see DRUGS°,~. on 5E ~ ~ ~ ~ ~ 'ttiisideath'squAd businessyou:may favor, -i nig beforeaheir meeting on-August 30. ~ - ' • ~ ~ _ death squad financing raises a':question 1°~ A'ithat meeting advocates of the sale or,two , 'y~ def idedit:asaternfiedealforthe~ity. AMERICANS WITFI DISABILITIES %C / ~ IEour Republican friends feel more ~a A p ade of witnesses including~a few of _ ~ ,y~{'tfy;,~y/~~ lawyers are needed to push the death f~ the rt s most romtpent names,`.testt ~ - ~ 'U/. c;~ i Y P ~ .,t+" ~ penalty; there'are'dther less-"sensitive tied hat the'city had driven a hard bar places they might find the money. Or, 'R gai This:is"the best deal the city could ~ W /~'~~\'1(\^1~~ ~/TP better, attorney general department law- l+i pos ly hope,for one; ecstatic ggod of •:Slo V wo + `~r//Jt.Jj ~ i/ yers could be reassigned. There seem to bay eclared," = ppy ~ be quite a few of them. B h the'city attorney; and the city's to all probability, however, despite its ~yy ma ger bf~ parks :endorsed'-the deal, - ~ - - " ~ avid advocates, the death squad legisla- wtu they had negotiated on .behalf of ~ x tion.will,have died wdhout benefit of in- fection noose or electricity before you ~ ~ the aynr ers b~g~ waste of money { B City' Council balked and.the.pro ~ reatl this Atleast that s the way it looks. - + of B AI Km ht ' mstalhn .cur This"ma prompt a; Few.legislahve ~ Y .,....he i; f ce was sent back to the ma or's y 9 B b ramps adjacent to every . beyond all recognition ep greate S clime next week, if rumor a a i - gin is oemer. cost perspecn a;Eator pothole in the c_ rty, _ :'.How one may ask did~we sire so~fai•, teMuchuhas been said andwrittentabout 17+~ cor ect, the'aiayor will announce a new ~ cover residents have, ust been ~ ~ y' the death enalt in receit'weeks In this f a p, 1 `Indeed _Mark Leese, senior architect as ~ so~fast , . ~ ' - ~ ' ' t~ - . P Y ; dea A miich~ much'better deal. ~ served u ,another-demonstra= signed to the!manager, of public'ivorks; J'"'The rocess be ad innocentC enbu h 'state apd ip his paperi l eopleargue that T mayor's .Winter Park Advisory. lion that the ctiurts can twist and P • - g- Y g ff,is morally. wrong for,tte sC_ate to kill. 1i Bo ,created after the debacle last ~sutivert tfie best of le illative in-. says h'at there is no way to estimate ,the : with the declaratioq by "Congress that'"No , ' Ttie will also tell. oa'that',the death, ~ g financial impact.,of thepotholerecom, ualifiedindividualwitha', isatiilif `sfiall,; - YY" i fall as forged an agreement with the tenhons faster dhan q ~ Y' y p y" p pgpp ski rea trustees which will rovide a you -can say the . mendafion. Leese said there is first of-all' by .reason oP`'siich disability, be ei:cliided penalt sim 1 does nbt stn le from P fimencanswith Disabilities `Act. - ~kiUing.. That seems to:make some sense ini um,$2ciiillion.annualcashflowto the 'problem of w}iat=is a mafo;"':and' from"participationmor;;tiedeniedthe`ben on'bbthcounts," the t without a'sale ofthe,skiarea.Thereis amajor,dispute now. brewing m ;'what,is a "minor pothole, 3n any ease; he efits;ofthe servicespcograms,oractivi,. T city' will retain ownership of Win- . Denver soon to spread to'otherU.S. cities, " 'said,.it costs $1,000 for each curb cut; and ties'of a`public.entity.°:CongresB'went;on hi~wifelsnatched 33Ge it-o dY;innisMad ~I i, ter ark,: and:in'.just 12 years earn as' over the :issue'of what the,ADA requires 'that is $1,000,that ,would have to come out ' to say '-The employment, transportation,., ' ,from her B ers and yDavis ca ed her af- i, local overnments,to do to make.city side- of the,resurfacmg and maintenance bud- and public accocnmodationsectioiis of his Y Y p' mu income from the: ski area as if walk ~mdre, accessible-to~those:with disc=~~ gets. _ • .ter making his~w>fe peifonnoi•al sex on wo 'Have gained~by selling;it• bilities, ~ _ ` ! "'Act would tieineaningless,if;people who ...her. Then-Davis ledrher,naked into a T. t; folks, is abetter. deal.' The financial implications are error-• Leese said that if the city has to merely use wheelchairs were notafforded the op -field,;a;rope around her geck'and repeat- h!~ A ditionall the cit is likel to end moos. If the cost of providing curb ramps install curb cuts along with routine recur- Portunity ~ to travel on and'between' the Y ~ g Y, Y Y edl ~tieat her before fit`in 14 shots into up with more control over Winter Park increases rapidly, there will be fewer dol- facing, that policy alone would reduce the streets." her face and chest. He told a court that affairs, including seats on the board of lars available for other improvements. _ amount of miles of resurfacing.by an esti- So far, so good. Congress left to the U.S. he wanted her fora "love slave." trustees and power over major opera- Incredibly, the Denver city attorney's m t~ed 40 percent. Attorney General the task of writing the . The perfect punishment for Gary Da- i tional decisions.' office has made a bad situation worse b re ulations that would set forth how this vis? Rape him, drag tom into a field on It will be a clear victo for the cit Y The cTfy, Leese said, would be forced to g n' Y - informing the city that every time a "ma' either find an extra $3 million annuall to requirement would be implemented. 'the end of a rope, beat him and then and an impressive improvement over the Y shoot hiin 14 times. jor pothole" is repaired, the city should pay for the curb cuts or reduce the recur- ` ' deal offered to City Council last fall. bud eC for and install curb ram Bon that The legislation and the subsequent rules But I suppose we must settle for our irij ,The lesson in tlils? g P facing projects 6y thatamount. street. generally hold that existing facilities do own civilized version of the punishment Next time a politician tells you the A moment's reflection on the number of Taken together, the bizarre develop- not need to be retrofitted immediately and fitting the crime: injection or life without ~,j meeting is closed for the public's own "cna or otholes"on the cit s streets su menu of the first 15 months of ADA ex e- coin letel The rules become more de- arole. nod, don't believe it. f P Y g ' P P Y~ P ' ' r, g , gests there may not be enough money in rience~ virtually assure that, in time, the ~ Pity. i ~.'i muck Green is senor of cr^ aditonai pages. the city's budget to implement,a policy noble intentions of the act will be distorted Please see KNIGHT on 6E Gil Spencer is a former EtlROrrof Tfte Denver Poste ~ ~ i ~_~T- 8 Denver Mayw's Office ~ 640-2329 fax f~t14l7194 . 010:29 PM p212 x c - C~w~u¢ a ~ ~ ec~a r~vi a ion r~ r~ r ~ - - a s a r~ o n ~ o........................ a.................. o. . an ~ ®u 1J' . e ays. To: All Colorado Mayors, Councilmembers and Cvu_nty Commissioners From: Mayor 1Nellington E. Webb, City and~County of Denver ~ Re: Denver Intern ~tional Airport Tour and Colorado Rockies Baseball On Saturday, April 23, I want to extend an invitation to tour our new D~nver International Airport and then as my guest enjoy a Colorado Rockies game in the afternoon: ' The schedule is as follows: 9 a.m. - 12 noon: DIA open~for self guided tours 1:05 p.m.. ' ~ Colorado Rockies vs. Chicago Cubs -Mile High Stadium Tickets to the Rockies are linuted to two pei~elecfed official: Participants must provide their own transporta- tion. Car passes will be provided for the DIA tour. f \ The deadl' I e 'oration to i~l~attd nc?ubllf his Monday,~rLl 1S• This deadline is necessary in order to mail y tickets and car pass pnor to yo a val m Denver. . If you are inter sted in hotel accommodations, pl , se all 303-399-7500 and ask for Ellen Hahn at the Stouffer Concourse Hotel. If Ms. Hahn is unava11ab1 F. please mention that you are calling regarding the DIA and Double Plays package. The Stouffer is loca across from Stapleton Ai~~..,~t. Please fill out the attached registration forni for those wishing ~to attend within your jurisdiction. After every- one is signed-up, please FAX your form to my office --~~303-640-2329. ' If you have any questions, please call ~LaTonya at 303-6!10-2035. I hope you get the chance to visit Colorado's great new airport and then cheer on Colorado's great baseball team. ~ I look forward to hearing from you soon. Don't forget ~to sencl~.in your registration early! ;Making Address: Mappor's Office Attu: LaTonya, Room 382 City and County Building Denver,CO 80202 i Denver Mayor's Office ~ 640-2329 fax t~t14/7194 010:28 PM p 112 ,s;, ~ ~ ~f~( •i i ~i A ~ 1 ~11 Registration Form " Please FAX to 303-b40-2329 by Monday, April 18 1) Name Title ~ity/l"own/County Address Zip Phone FAX 2) Narne Title . CitylTowNCount~~ Address ~i~ ~ Phony FAX 3) Namp Title ~ CitylfowNCount~~ Addre~~ ~ sir"Il~;d PhonQ FAX 4}Namp Title ~ ~ ~ City/TowNCount~~ Addre~~ pie ~honA FAX 5) Name Title ~CltylfowNCount~~ o~~ ziC...,:~...._,.... phony FAX s) Names Tlth ~Ityll"own/County Address Zip ~ Phone FAX 7) Name Title ~~GltylTowNCounty Addra~~ ~ , sir . phone FAX 13) Name Title ~ ~ CltylTowNCount~~ Addre~~ . ~Il+'' phony FAX 9) Name Title - - CltylfowNCounty ' Addres,~ ~I~..: Phony FAX 10) Name Titlp ~ J ~ ..r. City/TowNCounty ' Address ZI^ phony ~ FAX 11) Name Title ~ - ~ity/Town/County Address Zp._._.....__..-. Phone FAX - 12)Name TitIP - CitylTowNCounty Address ~iF.,.:..,~,._.~,.... Phony FAX 13) Name ~ Title ~ity(fowNCounty AddrP~~ . die , _,_..M1 . Phone FAX 14}Name Title • ~ ~ ~ ~ - ~ rity~fowNCounty Addre« : pie Phony FAX 15}Name Title ' " ~itylTowNCounty Address pie _ Phony FAX Tickets to the Rockies.are limited to, two per elected official. ~e dea~~for regjstratign to DIA and nnuhle Plays is~Mondaty,~ri118. This deadline is necessary in order to mail your tickets and car pass prior to your arrival-in Denver. If you are interested in hotel accommodations; please' ca11303-399-7500 and ask for Ellen Hahn at the Stouffer Concourse Hotel for a special package. If Ives. Hahn~is unavailable, please mention that you are calling regarding the DIA and Double Play"s'package. The Stouffer is located across from _ Stapleton Airport. , If you have any questions, please call LaTonya at 3~3'=64Q-2035. 1VIailirig Address: "'"'"Mayor's office Attn: LaTonya, Room 382 City and County Building ' Denver,CO 80202 ~ i i SENT L3Y~EAGLE COUNTY ; 4- 8-94 ; 834 3D332872D7-~ 3034792157;# 1/ 6 . ~ r?~ it • . rr ~ F,AC~LF. 40UNTY UUILDING ~:yrl lc:.k; Cif TNF. 11' ' - sU0 nRUAUwAY (:Ul1N1Y MANAGF.I~ _ I p_r7. ItUX a~6 {303) 32B-B605 r rnci.r:, fx7l.Ql{A1xi $11731 UliSU ` ' • FAX: (iU3) 32S '/1U - L:~ , 1 J`r ' EAGLE CtJC[NTY, CGLOI~ADO FAC~iiVI1LE~ ~~1/Ei~ SHEET TCI: D D i COMPA Y:'~~~~ vT01NN OF VAIL n . ~ i PH'ONE:.:~~: I(' FAX: - FR~U1111,.._,YQM,.JENKINS, OFFICE ASSISTANT GQMPi4'NY::i~: EAGLE CdUNT`Y GdVEFtNMENT Pi~:QNE: C3.03)'~ 32$-$609 ''FAX: ~.{~3Q3'$ 328 7207 I - t~1~r:CE: •Aprl~r~8, 1954 - 8:25 PAGES INCLUDING PHIS C~7VEt; pA~E: SlX~~~~ I CQMMEE~ITS: ' `ANYMORE QUESTIONS CALL ME r ~ ~ ~ ~ ~ THI6 MEBSAGE 16 INTENpk'Q QNLV FoR THE usE',01',1HC IhOIVIUUl.L f)R •ENT77Y TO WHICH R IS ADDRE&SED ANA MY gc?rvTAIN WFORMATION THATlS PRIVILEGED, CONFlDENTIAL AIvG CXf;M?T (Ilgly? pISL'LgSURE UNDER APPLICABLE LAW_ THE READER OF THIS ME88AGE 18 NpT THE IN'I UVUL-D Itk4lplhN ~ Utt'IHE EMNLUVEE f1R AI;ENT RESPONSIBLE FOR DEUVERWG THE MEFSAGE Td Tt1E IPITF:NDEC1 RE~:Ip1ENT, YOU ARE HEREBY NOTIFl@ THAT ANY DISSEMINATION, o~TRI©U'ttON Up COf'VINf; Of THIS COMMUNICATION IS STRICTLY f'R0111BITED. IF YOU HAVE RECEIV@i~ THIS CpMMUNICATIUN W ERROk, PLEASE NOTIFY US IMMEDIATELY DY 7ELEP110NEr AND RETURN THE ORIGINAL MESSAGE TT) US AT THE A9f1VE ADDRESS VIA T1lE U.S. PpSTAI SERVICE. THANK VOU • SENDING 4PERAT.OR. TJ ,,,.u ~ . - e _ SENT BY~EAGLE COUNTY 4- 8-94 ; 835 ; 30332872071 3034792157;# 2/ 6 , YNTER-GQ'VERNMENTAL AGREEMENT for {i. . VALLEY RESOT,T~t.~E~ MANAGEMENT ' - A Regional Sal.id•Waste Management Qr~anization koaririg- 1~~o~r ~ a ey alorado River Valley, Qlora~da NAME 'Y'he organization formed by this agreement shall. be lmown as Valley Resource Management. • STA, ~ r~.~MENT OF FURPl7SE V~1ley Re~u~,ce M?~+~?a.~a..ent is a conscartiL*n of p lie a*~d griv sector p2~dcapants imre~d in and committed to better managing and pmtectinthe natural li....t,, and citizens of the valley region witb the continuing goal of reduc~agxhe-solid waster eam through integrated management. ryi: i N.H ivI OF AGREEMII~TT . This agreement and the activities included in ~t shall continue in perp~uity. - MEMBERsn~ ~ ` , . The m~mbershtp of Valley Resource Manag ertt shall be ca...r~.sed of those governments signing this agreement as of 8~~,,,,;...ber 31,1 3. Governments eligible W join in this ag.~:,.,.ent include the municipalities of As' Hagalt, Carbondale, Glenwood springs, Never ~e,1'arachute, Rifle, Silt, and 5nowmass~ , illage and the counties of Eagle, Garfield, aitd After initial enactrzteat of this agreement, additional eligible govergrnent~ may join with ~.r.~,:,ral. of a simple rrtajority of the ea`isr~tg After initial enactment of this agreement, member governments stray withdraw with thirty days' i,,/' written notice to the Board of Din tors. Funds or services contributed to Valley Resource; Management under- the iw.,, u~ af`this agreement shall not he r~n-n~ car reixnbvrsed to a withdrawing member government, , CrUV ~.nNANCE:} f this agreement shall be implemented undea the authority of the alley Resource Managem Board. The I3caard shall be composed of fawn members, as fellows: One member faronz each of the initial twelvo member governments, pans two at large members [one of whom will be fmrn dte private sector, to be sel~:...:,~1 by the goverziment mei~nbeas. 'To be a full voting; , member in goad standing, a government member must have paid if s hilt. taembersrttip contribution. , ~I • I 'J 1 ~ • I SF.~fT SY ~ EAGLE COIJI~iT~ ; 4- 8-94 ; 8.35 3033287207-~ 3054792157; # 3! 6 Vs?Lley ttcsoume Management ~j' toter-t3vvenamentai Agreement u ~ - sCar~ of wo>~x Some car all cyf the fallowing prospe~ive activities-will be c+~rdinated by Valley Resource Management upon ~r.,,,rai of the Board of Diirectors in cvnsulhation with m~nber govern,..,;,.,rs. Member governments, upon entering into this agre~m$nt, agree to make a goad faith effort to participate cooperatively in the a~Ctivrtie9 pursued by the Valley Resource Management` These tasks msay be accomplished by Valley Resource Management or by utdividual members governments through landfills andlor other Facilities. Additional activities may be underpben upon ~,r. oval of the Valley Resource Management Board of I?irectvrs in cansultativn with members gavemmeats. * Equipment Sharing Processing and r~~ motion equipment owned by Valley Resr~ruce Manab~y..,ent or by individual ...:...,hers shall be made co.~r~atively available or use throughout the region at cost of oper-atiou;. * * rublie Education Educational materials, broatdca_sts, and public presentations shall be t,t~,.rided continuously in the membership region, emphas"~ overall waste reduction, . . hotesehoid hazardous waste alttaves acid reduction, and r~ecyclwg ~ r ~ unties and ~ . instructions. Education progrartts shall emphasize household and basit~ess activities that will . reduce waste, including home composting. purchasing habits, and shared resources; ! ' * Recycled Phruducts Cooperative Furc)yases -Large volume cooperative purchases pf recycled ~.ar~ products, autQtrtotive products, and Hardware used far~member governm~ts' phys2cal plant and public service; ~ i , Regional Composting F$caliti,es:-- Composting services shall be main 'nod at each IandiilI in the region owned Qc operated by member governments for iecl an of ; . construction waste, horttcultural(agricultural waste, compostable low grade Paper d treatanent of sewage sludge; ; . * ~utamobile 'L'ire Shredding Far Reuse -Tires delivered to landfills owned or . operated by m:...t:.~r governments shall be shredded far reuse audlor marketing. Tires should not be buried at arny of these landfills,, ( ~ . * Hazardous Wastes Comprehensive information shall be made avaihable to the p~~bia to increase understanding and use of non-toxic or law tc7xic household products as an alternative to hazardous household products, Furdlermore, infvrrnatian on proper storage, handling, and +disposal of hazardous househr~ld~wastes s5a11 aL~o be made available. VkM shall investfga~ cost effectiveness and fundutg medianisnns fcn• annual collection of household hazardous wastes to be provided in at least one regiCnal.lacatian; i * * * Recycling Collection Recycling ovllection facilities shall t1e made canvenieutly available in the boundaries of each mernberr government Recycling collections shall include all materials far which viable markets or uses are available` Collected mater~ls shall include, at mlairnurn, newspaper, high grade pagers, mixed Paper, aluminum acts, tin/steEl cats, glass contrtirceas, d~cell batteries, plastic containers; I,oeu! Mtxrkets For Recycled 1Vl~xterials Local recycling and reuse m ~ kets will be encouraged through the exchange of infi..u.ation aiu~t mateziaLg available locally. j ~ ~ Page ~ SENT BY~EAGLE COUNTY ; 4= 8-94 ;f =i B~36 ; 3Q332872Q7~ 3034792157;# 4/ 6 ' valley Re~oume N(anagement ~ Inter-Governmental Agreement FUNllING ~i ~ ~i Funding far Valley Resotu~e Managena t sha11 be provided through contributions from all member governments Nx.~rortional m their r„~,alation. Cantributfons for 1994 will be the same as far 1993_ ' Apsen ~ $1920 Basalt 3~ Cari3andale 6QO ' Glenwood springs 1320 New Castle 120 Pantchute I 240 Rifle ~I 1080 Silt 240 Snowrnass Viilaga 132© e County 480 Garfield County - ~ 2760 I I ~ ~ Pitkitt Cauiltx.;~~„4_ . ; I~t~Q Total fi ~~lirz,0oo 'I xo supplement the c+~trib:itions of mem>lea` governments Valley Resource ]Vlanagetnent will ` collect fees for use of its" equipment and will soliat and as~cept grants and gif t~ ~ public and private souxues. The population-~a~ funding f... ~,la will b+e adjv~d for tounsm in the future and the formula will be del:~~..;tled by ;tile of Directors after developing a sp~i.fxc budget in conjunction with member governments, I I AIVIEN]]MI~TTS t ~ t . 'This ~ ~.~,,~ent may bt± amended upon Yemeni of all member governments. ,a Etv 1'~E AGREEMENT ThisInter-Governmental Agreement contains the entire understanding of the parties. There aau~e _ nh~~-~;.sentations, warranties, covenants +ar undert~Cings ether tbra~e those W,?~,.;ssly set Earth i ~ . BINrinvG r{~rr.CT This Inter-Cwerninental t~lgrr~meut sha11 be binding upcm and shall inuc~e to the benefit of the parties hereto and their respecctive heirs, successors and assigns. UN1EN~'ORCE~ABLE PRO'~ISION ~ ` ~ ' If any r....+rision of this Inter Governmental E'A,~,. ~:;.u.ent shall be de.:?;.,,...ined to be void by any , court or competent jurisdiction, such de'i~,.,,,;,natian shall not effect any other provision hereof, all of which other r.,„~ visions shall rezrtain in full f.~..~ and ~FFect so long as alI the material pr+uvisiotYS h~4~Fcan be performed. It is the intention of the parties hereto ttlat, if any provision of this Inter-flovernmenal Agreement is 1e of two constructions, cme of which would render the .,,risiQCt void and the other of which would render the provision valid,'the pr+ovisiatt will ~v~ tb~ meaning which Winders it vali I . Page 3 . SENT BY~EAGLE COUNTY f ; 4- 8-94•~ 8~37~; 3033287207 3034792157;# 5/ 6 Va]1ey Resource Management Inter-Gouernmental Agreement • a CAPTIONS . Paragraph headings are inserted fpr cpnvenience only and they shall in no way define, limit or ~.~ct ibe the scope vx intent of this Inter-Covexnmental Ament. • ENACTMENT i,~ This agzeament shall be enacted upon ~.~,l~~,val of all eligible g+av+ernments a~,,4G:ng to partLCtpate, as reflecteri ny actioa of each'governrnenfseleaed governing body, and as ai~~,..ed by sigx~aturc betow by authorized ~~.N~.;,sentatzve of each niemiaer grnrernmen~ t . . p • ~ 1 E ~ CU'1"[Ql~t" ,j $QARD OF COUNTY CpMMISSI(?NERS Bt7ARD bF CflUI~3TY CQ SIQNIIt~ rr i t~T Ct7UNTY, CdIARAbO EAGLE CC~UNr'Y, COLClRA O f Chairman Date Chaixmaa 4 BQARD QF Ct~UNTY CbMM~SSI CFTY CQUNQL GARr~rat7 COUNTY, CbLQRADO Aspen, Gt~LI~C??iiAl~?O~ • Cha;,..,~n .I~te Mayor I~ TOWN COUNCIL ; TOWN CUt7NCII. BASAL'T', CQLORADQ ~ . CARBt~NpAI.E lYlayor Date Mayor • ~ ~ • tll ~ COUNCII.. ' TOWN COUNCIL GLF.NWC?bD Spi~]N(IS, COLQRADQ NEW CASTLE, CO ~ (~RADC? • ~ ` Mayor I Mayor ; l~ebe • . ~ ' Ps~e 4 • SENT BY~EAGLE COUNTY ; 4- 8-94 837 { 3033287207-~ 3034792157;# 6/ 6 Valley Resoxvos Mnnagetnent Inter-Governmental Agreement ' TOWN CQUNCIL r~~i ~ CGILTNCIL. pARACFi[lT$, COI.OI2AINJ ~ R>~[ F CQLQBA~ M~Y~ Ike ~ Msyor I7at~ ' T(]WN CCIUNCYL TrJWN C4UNCII. . SIi.T, CC?L:QRADO 4~,, SNQW11riASS VILLAGE, CO~LORA17(3 M~ya~ ~ Dane lViay,~r ~ D~ba 1: ` . . i 1 i . . ! ~ i 3 I i i I ' I .r ~ f I?~ j Page S I u ' ly TOWN OF UAIL 75 South Frontage Road ~ Office of the Mayor Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 April 8, 1994 Mr. Bill Wood White River National Forest P.O. Box 190 Minturn, CO 81645 Dear Bill: • The Town very much appreciated the presentations by the Forest Service and Vail Associates on Category III at the March 22, 1994 Council worksession. The Town has reviewed the available information for the proposed action and has had an opportunity to visit the site with Vail Associates. Based on these preliminary discussions on Category III, the Town ~ has identified issues that may directly effect the Town and other environmental concerns that we respectfully request be analyzed as part of the Category III Environmental Impact Statement (EIS}. The following are issues that may directly effect the Town: 1. Category III will expand skiable terrain by 25% on Vail Mountain and be a significant new product in the North American market. The Town would like to fully understand the analysis and assumptions underlying incremental skier day projections associated with Category III. The Town is not only concerned with peak skier days, but also days when the optimal number o~ skiers is exceeded. The Town recognizes that Vail Associates and the Town need to work together to determine the maximum number of people that the Town and Vail Associates can accommodate without straining resources, reducing efficiency, or impairing the guest experience. This information is critical in determining impacts to man-made and natural resources in the To-,~n of Vail. VA has indicated that they will commit to a marketing plan designed to manage skier numbers. The Town needs to understand how this will work. 2. The Town welcomes the opportunity to work with Vail Associates and the U.S. Forest Service to determine key services and limiting factors for growth within the Town of Vail that may be related to Category III. The Town recognizes that many of these "capacity" issues need to be addressed regardless of Category III. However, the Town believes that this is a crucial time and an opportunity to identify capacities for services and natural resources that will help develop a sustainable plan for growth. The Town believes that most of Mr. Bill Wood White River National Forest April 8, 1994 Page 2 the information necessary to address the issues below is available between the Town and Vail Associates. The Town looks forward to working with Vail. Associates to synthesize and compile the available information to address these issues. Issues that need to be considered in relation to Category III include: A. Evaluate the ability of the Town to accommodate incremental changes in parking demand. B. Examine traffic flow impacts at the I-70 interchanges and Town of Vail intersections to determine if existing capacity is adequate to accommodate any traffic flow changes. C. Determine whether the current Town bus system will be adequate to accommodate any changes in ski lift usage at Golden Peak, Vail Village, or Lionshead. The EIS should also determine whether increased traffic resulting from the expansion will require improvements to the regional mass transit system (i.e. Leadville to Vail & Vail to Edwards). Will additional mass transit be needed within the Town? D. Evaluate whether pedestrian access to and from ski lifts in ' Golden Peak, Vail Village, Lionshead, and Cascade Village will be adequate and safe. E. Determine whether the Vail Valley Consolidated Water District will have adequate water supply, hydraulic pressure, and sewage capacity. F. Determine whether emergency services (Fire, Police, Am1aulance) need to be improved or expanded. G. Quantify the air quality impacts in the Town of Vail from any additional traffic and woodburning. H. Determine whether Category III will accelerate development in the Vail Valley or significantly effect Vail's full time or part-time population. I. Determine the direct and indirect change (multiplier effect) in employees as the result of this project. Will any anticipated change in employees effect the existing need for employee housing? Mr. Bill Wood White River National Forest April 8, 1994 Page 3 J. Determine whether the project will significantly increase refuse generation and affect the capacity of the Eagle County Landfill. To what degree can recycling or waste reduction methods offset these impacts? ~ . 3. The Town encourages a full examination and evaluation of alternative designs and sizes for the expansion area. There should be a strong justificatior_, based on the analysis in the EIS, for the size of the preferred skiable area as opposed to a smaller expansion with fewer lifts and facilities. A major reason why Vail's guests and residents have come to the Vail Valley is because of the areas natural resources. The following are issues that may effect environmental quality in the area: 1. What would be the direct and cumulative impacts on wildlife from the proposed expansion? It seems that a significant amount of baseline data has been collected and could be utilized to determine these impac~s. Other proposed and ongoing actions in the area that may need to be considered in the analysis of cumulative impacts include: A. Wearyman Timber Sale B. Proposed Pearl Creek Timber Sale C. Other timber sales in the area D. -Possibility of a reservoir on the Eagle near Redcliff E. Increased development at Beaver Creek F. Proposed Adams Rib ski resort 2. The nonpoint source water quality impacts of the project need to be quantified and mitigated. 3. Construction of a restaurant on Two Elk Creek and bridges over the creek need to be closely examined for impacts to wildlife, water quality, and Ioss of wetlands. 4. Impacts from any proposed septic tanks need to be clearly evaluated. 5. Discuss whether this project is consistent with the Forest Service's ecosystem management approach. In other words does this project have a significant impact on the areas ecosystem that can not be mitigated. 6. Determine the construction related impacts of the proposed project This area provides critical habitat for elk calving in the spring. How w-~ll wildlife impacts be avoided or minimized during construction? If helicopters will be ti Mr. Bill Wood White River National Forest April 8, 1994 Page 4 used in the project, what will be the impacts from the resulting noise on predators and game animals? 7. As the Town understands, Category III would not be part of any VA summer program. How will VA or the Forest Service control access to the area during the spring, summer, and fall. 8. Are improvements to the existing ski area required to provide adequate access to the Category III area? If so what are the impacts of these improvements. 9. Has an inventory been completed for threatened and endangered plant and animal species? An explanation on how this habitat will be maintained with the expansion would be helpful. 10. After mitigation measures are implemented for the proposed expansion, what monitoring will occur to determine the effectiveness of mitigation techniques? The Town looks forward to working with the Forest Service and Vail Associates on the Category III expansion and in helping to address the above stated issues. The Town will be meeting with Vail Associates to address the capacity related issues within the next two months. Capacity inf..~.uation and solutions that relate to Category III will be forwarded to the Forest Service by July 1, 1994, so that it can be incorporated into the Draft EIS. Please contact Russell Forrest at 479-2138 or myself if you have any questions regarding our comments. Also, we would appreciate being informed of future public 3neetings and being kept up to date on the progress on the Category III EIS. Thank you again for your cooperation. Sincerely, J Peg~y Osterfoss Mayor, Town of Vail xc: Vail Town Council Ctiob McLaurin ~ Pam`Brandmeyer Kristan Pritz Russell Forrest Randy Stouder { 3y ~ 5 /S /S f at, . , WORK SESSION FOLLOW-UP TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1993 10!19 SNOW STORAGE LAND LARRYIBOB McL: Immediately pursue purchase from VA Initial discussion between TOV and VA re: possible future land exchanges PURCHASE of current snow storage site, as well as another 10 acres have occurred. adjacent to the west. 12/07 REFERENDUM SUBMITTAL TOM M.: Supply detail re: immediate disclosure Memo will be ready for 4/12194 Work Session. If you would like further PROCESS requirements for referendum petitioners. information, please contact Tom M. @ 479-2107. (request: Johnston) 1994 02/08 MANOR VAIL SIDEWALK BOB McL: Investigate blind corner. Bob McL has viewed area of concern. Right-of-ways will be identified to (request: Johnston) see if there is room within the right-of-ways for a sidewalk. 02115 CHUCK ANDERSON YOUTH PAMIMERV: Contact VRD about moving up the selection 3123/94 -Pam has requested the current application and back-up AWARD process to allow awards to be given during May PRIOR to information from Diane Johnson at VRD. Paul and Jan will assess and (request: Strauch) graduation or to be included with the graduation review criteria. 3130194 -Pam talked with Diane who had been out sick ceremonies. for a week. She has not forgotten us! 418!94 - Or perhaps she has! 02/15 ORE HOUSE AWNING RANDY: Permit April, 1993. Approval January, 1994; Community Development will schedule in mid to late April, 1994. therefore, awning will now be reviewed prior to January, 1995, per Council request. ' 03/01 VRD LEASE EXPIRATION AT ANNIE: Research lease to explore possibilities of space Annie will prepare memo for Council., LIBRARY use. (request: Navas) 03/08 SAGE RE-PLANTING ON HILLSIDES TODD 0.: Research remediation and cost to re-seed both Todd is working with Marty Jones to come up with site-specific costs. (POTATO PATCH and BOOTH areas and present to Council at earliest opportunity. (3110!94) FALLS) 03108 PAY-IN-LIEU FEE CHANGE MIKE R.ITOM M.: Prepare amending ordinance for parking Set for 4126/94 Work Session. (request: Council) structure pay-in-lieu fees. 03108 UNDERGROUNDING OF. UTILITIES LARRY: Create a Master Plan to phase the undergrounding Larry has memo in process. MASTER PLAN ~ of all above-ground utilities within Vail. (request: Council) April 8, 1994 Page 1 of 3 03108 COST OF PLANNER/FUNDING STEVE: How much would building permit fees have to be Kristan and Steve will attempt to have figures to Council for 5/3/94 Work raised in order to fund an additional planner? Session. 03/08 NIGHT LIGHTINGINIGHT TOUR LARRY: It would appear our night lighting in the Will schedule for an Evening Meeting as soon as agendas will allow. (request: Strauch) Crossroads/VTRC/Covered Bridge area could use some TOV, in the past, budgeted $30,000 for adding lights to bus stops, street enhancement. What is the street lighting program currently intersections, and bridges for safety. Starting in 1994, the budgeted geared toward? amount was increased to $50,000 to address both safety concerns and those areas addressed in the Village Streetscape Plan. COUNCIUSTAFF: In the near future, we"will try to schedule an evening "tour" to look at the ambience created Re: Christmas lighting at VTRC: Lighting addition depends on a and safety issues inherent in our "core" community. prioritization of funding. This could be a part of the night tour? 03115 PRIVATE PARKING TOWING KEN: Investigate the use of Denver Boots or town tow Ken has spoken with Tom and will have a memo for packets. (request: Steinberg) trucks as alternatives to.illegal parking on private property. 03/15 SDD AMENDMENT KRISTAN/TOM M.: Prepare an amendment to the SDD Set for 4/26/94 Work Session. Please see Community Development (request: Lapin) ordinance removing this designation as an option for the Department memo dated 416194 aktached. redevelopment of single family/residential zone district uses. - Reviewcurrent guidelines re: monetary assurances for completion of SDD projects. 03115 STREETSCAPE PLAN/BRIDGE LARRY/STEVE/KRISTAN: In conjunction with the Meeting with Water District is set for 4!15/94. Discussion scheduled for STREET redevelopment of the Covered Bridge Store, Council wishes the 4/12/94 Work Session regarding Covered Bridge and Covered Bridge (request: Council) to proceed with the streetscape improvements (pavers, etc.) Building redeveiopment/staging. to coordinate with water line construction from the south entry of the Covered Bridge to the intersection of Bridge and Gore. What are the funding and timing options for the coordinated project? 03115 DRB/PEC/COUNCIL SESSION RE: KRISTAN: Schedule a joint work session with DRB/PEC/ Kristan has scheduled this joint presentation for the 4126194 Work ALPINE DESIGN Council to discuss this issue. Kristan will contact Jeff Session. Winston to draw up a preliminary budget for background . material. Can this money come from Council Contingency? 03/22 BEARSIGARBAGE RUSSELUPAUL: The issue of bears attacking unsecured Russell and Paul will coordinate and investigate containers through BFI (request: Johnston) food has still not been resolved. What proactive stance can and the Honey Wagon. we take to keep this dangerous situation from occurring? April 8, 1994 Page 2 of 3 04/05 SIGNS LARRY/GREG: Why are there so many signs in this town? They represent neither a quality appearance nor are they "user-friendly." There are 24 signs between Tom Steinberg's house and the TOV... 04105 AMPLIFIED SOUND TOM/KENIHOLLY: With a deadline of July 4th in mind, There are constitutional implications on such regulations that will have to prepare to present amendments to ordinance to Council by be considered in any "sound" regulations. Such restrictions will be 5!3194 Work Session. Bob McL to write to Sheika to review researched and presented to Council. outcome from this meeting, as well as next steps. 04105 COUNTY REGIONAL MEETINGS I BOB McL: Coordinate with Jack Lewis. 04108 UPDATE ON INCOMPLETE COUNCIL: Gary Murrain has available for your review the UNIFORM PROJECTS CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS (1991 (original request: Navas) edition), and Gary will be available to discuss these various options along with the Work Session items scheduled for 4126194. _ I _ _ I . . _ I _ April 8, 1994 Page 3 of 3 ~ ~ ~'~~y~ P , - ~jkl..0~111 ld.p d~~ir ~ MEMORANDUM . TO: Vail Town Council FROM: Kristan Pritz . DATE: April 6, 1994 SUBJECT: Research on guarantees for full completion of construction projects within the Town of Vail . n... . :v v:nv::n:~ ~~.................v.... .............................v ::v;. •.v.~.~.v.:•\•+~:;r•:i{Liii\•i"J:?i:'•:.•:JiTi?v:^:.v.*.+~~.;..~;\'~:.}}~:n?.;{.,y~pv; ~ .............nv::....::::..nvv.~;;.•v,~.,.,~.,...: •.~~::mw:..~~...~...~ ..ti..n..•;:: •:+:'~:i~iT.~i ..............::::.~•~i;:;:}ij.`,~i;:;:i}iiii:•::.~.~.v.~pi:{..................::. ~.v:.v.v:::::: .......T........1.......~....l..l.. n............ ..w::::n~:.~:.~::::.v. ~.:.....v....::::::::.... •::nw:: n1w.w::::::::.~ v:.~::.~::::::::n\•.4::n•.~::.x~.~~:::.~nw:.~4:.~......... ...................v ~:::..v.... n.... .i;k•.i•;:. ~::.v. •:•:\i{i•:::•}iT: ii}i}iii:+:iii: ~.1 ~U.l: The Town Council requested that the staff investigate whether there were any sections of our code that could be used to guarantee the full completion of construction projects. To date, staff has not been able to find a section of the Code that would fully address this Council concern. Recently, Code Section 17.16.250 was given to the Council. This section of the Code is used for major subdivisions. It has not been used with construction projects such as the Sonnenalp, the Christiania, etc. The staff does have a section in the Design Review Guidelines which allows us to obtain a bond or letter of credit to cover landscaping, site improvements, and the paving of parking areas once a Temporary Certificate of Occupancy is requested. Please see the attached Section 18.54.110. To my knowledge, the Town of Vail has not required a builder or developer to bond or provide a letter of credit to cover the cost of construction for a project other than a major subdivision. If you have additional questions about this issue, please let me know. 1 . / . . ¦ ~ _ ; ,~i~. - ~ , • , DESIGN REVIEW • 18.54.080 Administrative policies. A. A decision that may be made by the zoning administrator - ~ ~ shall be made within ten days of reception of a complete . ~ application and the supporting materials. If a decision is not • made within ten days of reception of the complete application - and materials, the application shall be deemed approved. The • • . , zoning administrator shall transmit to the design review board a summary of all decisions made by him at the next meeting of the design review board. B. A decision of the zoning administrator may be appealed to the design review board by the applicant, adjacent property owner, the town manager, or at the request of the design review board at any time before the decision becomes final. C. The decision of the zoning administrator shall become final if no written appeal is made to the design review board within seven days of the design review board's receipt of the summary of the decision from the zoning administrator. D. The design review board shall consider the appeal in the same manner as the board considers all other applications coming . ~ ~ before it. ' (Ord. 39 (1983) § l.) ' 18.54.090 Appeal to town council. A. An appeal to the town council may be made by the applicant, adjacent property owner, or by the town manager. The town council can also call up matters by a majority vote to those council members present. , B. For all appeals, the appeal must be filed in writing ten days . : ~ following the decision or must be called up by the town council at their next regularly scheduled meeting. C. The council shall hear the appeal within thirty days of its being filed or called up with a possible thirty day extension if the council finds that there is insufficient information. . ~ (Ord. 39 (1983) § l 8.54.100 Enforcement. . ~t3efore occupying or using any structure included in a design ' ~ ~ review application, the applicant must obtain an occupancy 454k cva;~ i t-ts-831