HomeMy WebLinkAbout1994-06-07 Support Documentation Town Council Evening Session
VAIL TO!!!/N COUNCIL
EVEN'NG MEETING
44.YESDAIIy aL4.91tlE 7,1994
7:30 P.M. IN TOl9 COUNCIL CHAnABERS
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AGENDA
1. CITIZEN PARTICIPATIOfti.
2. Approval of the NNinutes of the May 3, 1994, and fiNay 17, 1994, Vail Touvn Council Evening
Meetings.
3. Ordinance iVo. 12, Series of 1994, first reading, an ordinance repealing Section 9.56 - Concealed
VVeapons and 8.24.030 - Discharqinq Firearms of the Town of Vail Municipal Code and enacting
Chapter 9.56 - Offenses Relatinq to Weapons Criminal Attempt and Complicitv.
4. Ordinance No. 13, Series of 1994, first reading, an ordinance repealing and reenacting Section
18.69.050 of the AAunicipal Code of the Town of Vail, setting forth new procedures for measuring
slope of a proposed development site and permitting retaining walls six feet in height in the front
setback when associated uvith a permitted garage structure.
5. Resolution No. 15, Series of 1994, a resolution setting fees for revocable right-of-way application
and permits. .
6. Vail,Golfcourse Townhomes Hazard Zone change request (Sunburst Filing #3 on Sunburst Drive).
7. Town Manager's Report.
8. Adjournment.
N0TE UPCOAN9NG MEETtNG START T9NAES BELOW:
(ALL TIMES SUBJECT TO CHANGE)
THE NEXT !/ABL YOWN COUNCIL REGULAR 1AIORiC SESSION
WILL BE ON TUESDAV, 6/14/94, BEGIPdNING AT 2:00 P.M. IN TO!! COUNCIL CH141UBERS.
THE F9LLOWINCa VABL 7'OlNBd COUNCIL REL;ULea?R 1AIORK SESSBON
iflllLL BE ON TUESDAY, 6/21/94, BEGIidN91VG AT 2:00 P.M. IN TOV COUNCIL CFBA?MBEEiS.
g~~ ~~LLOWeNG VAIL TOVVR9 COUNCIL REGl9Le4R EVEIdifVG MEETINC
!A/@LL BE ON TUESDAV, 6/21/94, BEC;11dNING A'P 2:00 P.M. 91V TOV COUNCIL CHAMBERS.
, ~ ~ ~ ~ • ~ ~
C:WGENDA.TC
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VAIL TOUVfV COUNCIL
EVENING MEETING
' TUESDAII y 698i1dE ! y 0 99'4
I:30 P.M. ON TOV COIJtVCBL Ctip?NIBERS
. EXPANDED A?GEIVDA
7:30 P.M. 1. CITIZEfV PARTICIPATION.
7:35 P.M. 2. Approval of the Minutes of the May 3, 1994, and May 17, 1994, Vail Town Council
Evening Meetings.
7:40 P.M. 3. Ordinance fVo. 12, Series of 1994, first reading, an ordinance repealing Section 9.56
Ken Hughey - Concealed Weapons and 8.24.030 - Discharclinq Firearms of the Town of Vail
Buck Allen Municipal Code and enacting Chapter 9.56 - Offenses Relatinq to Weapons,
Tom Moorhead Criminal Attempt, and Complicity.
Action Requested of Council: Approve/deny/modify Ordinance IVo. 12, Series of
1994, on first reading.
Backqround Rationale: Council directed staff to review various possible
restrictions on weapons possession and use to attempt to assure public peace and
welfare. Consistent with this Section is criminal attempt and complicity.
Staff Recommendation: Approve Ordinance No. 12, Series of 1994, on first
reading, with any necessary modifications.
8:25 P.M. 4. Ordinance No. 13, Series of 1994, first reading, an ordinance repealing and
George Ruther reenacting Section 18.69.050 of the Municipal Code of the Town of Vail, setting
forth new procedures for measuring slope of a proposed development site and
permitting retaining walls six feet in height in the front setback when associated
with a permitted garage structure. Applicant: Town of Vail.
Action Requested of Council: Approve/deny/mod'rfy Ordinance No. 13, Series of
1993, on first reading.
Backqround Rationale: Please see attached PEC memo dated May 23, 1994. The
PEC voted 7-0 in favor of the request to amend Section 18.69.050.
Staff Recommendation: CDD staff recommends approval of Ordinance No. 13,
Series of 1994.
8:55 P.M. 5. Resolution No. 15, Series of 1994, a resolution setting fees for revocable right-of-
Jim Curnutte way application and permits.
Action Requested of Council: Approve/deny/modify Resolution No. 15, Series of
1994.
9:15 P.M. 6. Vail Golfcourse Townhomes Hazard Zone change request (Sunburst Filing #3 on
Russ Forrest Sunburst Drive).
Action Requested of Council: Portions of the Vail Golfcourse Townhomes
(Sunburst Filing #3 on Sunburst Drive) are identified on the TOV hazard maps as
being in one or more of the fotlowing hazaard areas: rockfall, debris flow, and
avalanche hazard area. After completing a site specific geological survey, the Vail
Golfcourse Townhomes is requesting that units 1 through 55 no longer be
designated as a geologically sensitive area based on a hazard study by Art Allears,
P.E., Inc., dated August, 1993 (Attachment 1).
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Backqround Rationale: Development in geologically sensitive hazard areas which
includes rockfall, debris flow, and avalanche areas is restricted. Section 18.68.052
of the Town Code requires that a site specific geological study be prepared to
determine whether development on a site can safely occur in a rockfall and debris
flow hazard area. If the report indicates the development can safely occur in the
hazard area or that mitigation measures can safely protect the development
without increasing the danger to other properties or public right of ways, then the
application can be approved. For any hazard, except for a red avalanche hazard,
any applicant can develop a site specrfic mitigation plan which must be reviewed
and approved by the Town. On May 23, 1994, the PEC reviewed and unanimously
approved staff's recommendation.
Staff Recommendation: Staff recommends approval. 9:35 P.M. 7. Town Manager's Report.
9:50 P.M. 8. Adjournment.
NOTE UPCOMING AflEETIfVG S7ART TInAES BELOW:
(ALL TIMES SUBJECT TO CHANGE)
~ ~ 0 4D ~
THE R9E1tT VABL TOUVN COUNCIL FiEGULAR WOR6( SESS901d
li1lILL BE ON TUESDAV, 6/14/94, BEGINNIfVG AT 2:00 P.M. iN T9V COUNC9L CF9AflABERS.
THE FOLLOWVNG VAIL 7'OWN COUNCIL REGULAR lfl/ORK SESSBON
W9LL BE ON TUESDAV, 6/21/94, BEGIR9NIiVG AT 2:00 P.M. ON T'OV COUNCIL CHAl1ABERS.
THE FOLLO1ilIIR9Ca VA96. T'01fl/N COUIVCIL REGl9LAR EVEIdING flAEETINIG
lA/GLL 18E 0N TUESDAY, 6121194, BEGIIVIVING AT 2:00 P.M. IN TOV COUNCIL CHANABERS.
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C:WGENDA.TCE
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June 2, 1994
DEAR TOWN COUIVCIL MEMBERS:
Rachael Lenz will be present June 7, for Citizen Participation. Rachael previously
submitted a proposal to place a Bravo! Colorado promotional booth in Vail Village during
the summer months. According to the Town of Vail Municipal Code, promotional booths
are not allowed on the streets of Vail Village or Lionshead Mall. She would like to ,
address the Council to present her proposal.
I have attached copies of the proposal Rachael submitted to the Town Clerk's Office.
Sincerely,
Town of Vail
qTUdaW P.
Michelle L. Caster
Assistant to Town Clerk
June 1, 1994
0 0 .
C O L O R A D O PROPOSAL
VAILoBEAVER CREEK
MUSIC FESTIVAL
To: The Town of Vail
From: The Bravo! Colorado Music Festival
Contact: Rachel Lenz, Director of Marketing
Phone 476-0206, Fax 479-0559
The Bravo! Colorado Music Festival would like to request a permit from the Town of Vail to allow
Bravo! to set up a small booth in Vail Village (on Gore Creek or Bridge Street.) This booth would
provide a service to guests and locals by making Bravo! Colorado Music Festival concert information
and tickets, considered to be cultural entertainment and thus enriching the Vail Valley experience,
readily available and convenient. The ticket booth, opening July 1 through August 7, would be open
six days a week (Tuesday-Sunday) from 10 a.m. to 4 p.m. Bravo! will construct a visually pleasing
booth with a banner not exceeding 3' x 3'. Dimensions of the temporary booth would be 42"W x
31"H x 15"D (see attached diagram.)
The Bravo! Colorado Music Festival is entering its Seventh Season of bringing world class music to
the Vail Valley. Bravo! brings more than 40 renowned soloists and three orchestras to perform in
over 28 concerts in the Gerald R. Ford Amphitheater, the Beaver Creek Chapel and other locations
around the Vail Valley. If the Town of Vail would like to make information about an event of this
magnitude available to all Vail Village visitors, then this would be possible by allowing Bravo! to
place a booth, manned by Bravo! employees, in a central Village position.
The proposed booth will be maintained and moved as required by the Bravo! Colorado Office. The
Bravo! Colorado Music Festival will also be responsible for obtaining necessary oral approvals from
any shop or restaurant owner that may be near the booth.
Thank you for your time and consideration.
JOHN W. GIOUANDO / EXECUTIVE DIRECTOR *IDA KAUAFIAN / MUSIC DIRECTOR
0 953 S. FRONTAGE RD. #104 a VAIL, COLORADO 81657 0
TELEPHONE 303 476-0206 m FAX 303 479-0559
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C O L O R A D O
VAIL*BEAVER CREEK
MUSIC FESTIVAL
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JOHN W. GIOUf\NDO / EXECUTIVE DIRECTOR o IDA KAUAFIAN / MUSIC DIRECTOR
~ 953 S. FRONTAGE RD. NI04 o UAIL. COLORADO 81657 0
TELEPHONE 303 476-0206 O FAX 303 479-0559
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MINUTES
VAIL TOWN COUNCIL MEETING
MAY 3, 1994
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, May 3, 1994, in the Council
Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M.
MEMBERS PRESENT: Peggy Osterfoss, Mayor
Merv Lapin, Mayor Pro-Tem
Paul Johnston
Sybill Navas
Jim Shearer
Jan Strauch
Tom Steinberg •
,
TOWN OFFICIALS PRESENT: Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Michelle Caster, acting on behalf of Town Clerk,
Holly McCutcheon
TOWN OFFICIALS ABSENT: Bob McLaurin, Town Manager
The first item on the agenda was Citizen Participation, of which there was none.
Item 1Vo. 2 was the Consent Agenda including; A. the approval of April 5, 1994, and the April 19,
1994, Town Council Evening Minutes; B. Ordinance No. 8, series of 1994, second reading, an
ordinance of the Town Council designating certain areas within the Town of Vail as fire lanes;
adopting a fire lane map as the official map of the Town of Vail; and setting forth details relating
thereto. Merv Lapin made a motion that the Consent Agenda be approved, with a second by Tom
Steinberg. A vote was taken and the motion was passed unanimously, 7-0.
Item No. 3 was Resolution No. 12, Series of 1994, a resolution of the Town of Vail, Colorado,
approving the corporate reorganization of Tele-Communications, Inc., the parent company of the
franchise holder, and Liberty Media Corporation. Tom Moorhead explained the basis for the
resolution since cable companies are required to diversify. He explained that only the corporate
structure, and not the local franchise, will be affected. Merv Lapin made a motion to approve
Resolution No. 12, with a second by Paul Johnson. The vote was taken and the motion passed
unanimously, 7-0.
Item IVo. 4 was Ordinance No. 5, Series of 1994, tabled after first reading on April 19, 1994, an
ordinance rezoning a tract from Primary/Secondary Residential, Section 18.13 to Low Density Multi-
Family Residential, Section 18.16 generally located at 2850 Kinnickinnick Road, more commonly
referenced through ownership as the Pedotto property. Mayor Peggy Osterfoss read the title in full.
Andy Knudsten gave a review of Planning Commission conditions that had been discussed during
the prior meeting. He pointed out under the Vail Land Use Plan, the site is designated as Medium
Density Residential, allowing 7 to 33 dwelling units per acre. The applicant proposed 8.1 dwelling
units per acre. Rick Rosen, legal counsel to Greg Amsden, member of PEC and developer on the
project, explained his reasoning for previously requesting a tabling of the proposal. He explained
the following conditions with which the applicants were willing to oblige: 1. A plat restriction
eliminating the 250 from all residences on this site; 2. A plat restriction for a maximum of 25,900 sq.
ft. for GRFA; 3. Agreed to deed restxict three employee housing units; 4. Agreed to have a
Homeowner's Association responsible for landscaping, maintenance, and repair of the project. Rosen
then stated the applicants would not agree with the following: 1. They will not deed restrict five
units; 2. The applicant will not combine units; 3. They requested Town Council allow DRB to handle
- the landscaping plans; 4. The Council Members discussed the various issues of the proposal in
relation to the criteria and the designation of the Vail Land Use Plan. Peter Franke, resident, was not
in support of the rezoning. Tom Steinberg made a motion to approve Ordinance No. 5, with a
second by Paul Johnston. A vote was taken and the motion was passed 5-2. Jan Strauch and Sybill
Navas voted in opposition of the motion. A motion was made by Tom Steinberg regarding the
subdivision criteria, with a second by Jim Shearer. A vote was taken and the motion was passed 43.
Mayor Osterfoss, Jan Strauch, and Merv Lapin voted in opposition of the motion.
Paul Johnston made a motion to adjourn into an Executive Session, with a second by Jan Strauch.
A vote was taken and the motion passed unanimously.
1
There being no further business, a motion to adjourn the meeting was made and passed
unanimously. The meeting was adjourned at 9:29 P.M.
Respectfully submitted,
Margaret A. Osterfoss, Mayor ATTEST:
Holly L. McCutcheon, Town Clerk °
Minutes taken by Michelle L. Caster
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VAIL TOWN COUNCIL MEETING
MAY 17, 1994
7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 17, 1994, in the Council
Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M.
MEMBERS PRESENT: Peggy Osterfoss, Mayor
Merv Lapin, Mayor Pro-Tem
jim Shearer
jan Strauch
Tom Steinberg
MEMBERS ABSENT: Paul Johnston
Sybill Navas
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Michelle Caster, acting on behalf of Town Clerk,
Holly McCutcheon
Item 1Vo. 1 was Citizen Participation. Diana Donovan, Vail resident, requested modifications to the
"250 rule." Rather than allow property additions of 250 square feet after a structure has had a
Certificate of Occupancy for a minimum of five years, Donovan suggested limiting the 250 use strictly
for employee housing units. Mayor Peggy Osterfoss responded to Diana's request by directing staff
to review the suggestion as part of the employee housing work plan.
Item 1Vo. 2 was the appointment of two members to the Local Licensing Authority for a 2 year term.
Merv Lapin moved to approye, with a second by Jim Shearer, to appoint Don White and Elizabeth
Pickett to the Authority. A vote was taken and the motion passed unanimously, 5-0.
Item No. 3 was Resolution No. 13, Series of 1994, a resalution ratifying and adopting the Mission,
Vision, Goals and Objectives for the Town of Vail, Colorado, for 1994/95. Bob McLaurin explained
the document had been put into resolution form for formal adoption, and after Council adoption
would become a policy document. An action plan will be presented to the Council within the next
two to three weeks. Tom Steinberg made a motion to pass Resolution No. 13, with a second by Merv
Lapin. A vote was taken and the motion passed unanimously, 5-0.
Item 1Vo. 4 was Resolution No. 14, Series of 1994, a resolution approving and adopting the Forest
Service Land Ownership Adjustment Plan. Mike Mollica explained the purpose for adopting a
common Town of Vail/ U.S. Forest Service boundary. He also explained the Town would be hiring
a property manager by the third week of June. Mayor Peggy Osterfoss prioritized the goals as
follows: 1. Develop a common boundary; 2. Deannex or trade parcels that are in U.S. Forest Service
ownership; 3. Resolve encroachment issues that impact the U.S. Forest Service (legally,or illegally).
Rich Phelps, U.S. Forest Service, stated the time line for the Forest Service adoption of the Land
Ownership Adjustment Plan, if adopted, would be two weeks. Tom Steinberg made a motion to pass
Resolution No. 14, with a second by Merv Lapin. A vote was taken and the motion passed
unanimously, 5-0.
Item No. 5 was Ordinance No. 5, Series of 1994, second reading, an ordinance rezoning a tract from
Primary/Secondary Residential, Section 18.13 to Low Density Multi-Family Residential, Section 18.16
generally located at 2850 Kinnickinnick Road more commonly referenced through ownership as the
Pedotto property. Mayor Peggy Osterfoss read the title in full. Andy Knudtsen gave a review of
Planning Commission conditions that had been discussed during the two prior meetings. He pointed
out under the Vail Land Use Plan the site is designated as Medium Density Residential, allowing 7
to 33 dwelling units per acre. The applicant proposed 8.1 dwelling units per acre. Rick Rosen, legal
counsel to Greg Amsden, member of PEC and developer on the project, explained the applicant's
proposal into a subdivider improvements agreement with the Town of Vail prior to the development
of the project. The curb and gutter would be completed almost immediately, the sidewalk would
be completed no later than June 1, 1995, using a letter of credit to guarantee completion. Tom
Moorhead, upon completion of the improvements the developer may apply to have a portion of the
letter of credit released. Once the premises has been inspected and approved by Greg Hall, Town
Engineer, the Town would release with a 10% retainage. If the work has not been completed by the
completion date, the Town would have a right to draw upon the letter. The applicants had
previously agreed to restrict the plat with 15 conditions that staff had listed in a memo. In addition
to those, the applicant agreed to 1) The number of employee housing units shall be increased from
1
three to four. The total number of dwelling units on the site shall remain at 19. 2) The applicant
shall agree to adding language to the.deed restrictions requiring that the employee housing units
shall be rented and shall be rented at a market rate. 3) The applicant shall add two berm at the
additional landscaping on the northwest corner and northeast corner of the site. 4) The applicant shall
provide a letter of credits at 125% of the cost of all public improvements. The public improvements,
specifically the sidewalk, shall be constructed no later than June 1, 1995. In addition to the public
improvements, the letter of credit shall include the expense of burying or removing one foundation.
Jim Shearer made a motion to approve Ordinance No. 5, with a second by Tom Steinberg. A vote
was taken and the motion was passed 4-1, with Merv Lapin, in opposition.
Ifem liTo. 6 was the Town Manager's Report. Bob McLaurin discussed the Gore Creek Promenade
DTOIPCt The Tnwn wi11 hr~oin rana;rc nn T~fa., 12 IOQt~. T-T~,utCf~ ~c1J2i.S are.an option that_~vill__bz___
.......:...........4...._J....".~.'_"._.".__.~.._.... . ."._`_..:'.~Q-=.:.:~...~.+v v.. _ , r.'~ . . " .
considered at a later date. He and Kristan Pritz addressed Jan Strauch's concern with the Town's
DRB standards to reflect more alpine architecture. They will further address this issue at the May
24, 1994, work session. A thorough review of the Special Development District (SDD) ordinance will
take a minimum of four months. The Council set a June deadline to make minor modifications to
the SDD ordinance and agreed to send a clarification to the East Village Homeowners Association,
Inc., regarding the expected time line.
Merv Lapin made a motion to adjourn into an Executive Session, with a second by Tom Steinberg.
A vote was taken and the motion passed unanimously, 5-0. The meeting was reconvened, and there being no further business, a motion to adjourn the meeting
was made and passed unanimously. The meeting was adjourned at 9:45 P.M.
Respectfully submitted,
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
Minutes taken by Michelle L. Caster
2
ORDINe4NCE NOe 12
SERIES OF 1994
AN ORD9NANCE REPEALING SECT60N 9e56 - CONCEALED WEAP0NS
AGdD SECTEON 8.24.030 - DISCFBARGIN(a FIREARflAS
OF THE TOWIV OF VAIL, MllNICIPp?L CODE
AND ENACTOF9G Clie4PTER 9.56:
OFFEtl~~ES RELb"L 0 BA@IG II O tltl G8`1POAlSy V11IlYI'NP4L P9 6 0EIYII" 6 y F4ND 'leOlU1PL8VITTI .
VUHEREAS, it is incumbent upon Town Council to provide for the public peace, morals,
health and welfare; and
VVHEREAS, there are issues concerning weapons, conduct that constitutes criminal
attempt, and complicity that are not presently addressed in the IVlunicipal Code of the Town of
Vail.
IVOVV, THEREFORE, BE IT ORDAIfVED BY THE TOWN COUIVCIL OF THE TOWIV OF
VAIL, COLORADO THAT:
Section 1
Section 8.24.030 and 9.56.010 are hereby repealed.
Section 2
Chapter 9.56 will be enacted as follows:
9.56.090 - DISCHARGE OF FIREARMS DEADLY WEAPONS AND DESTRUCTIVE
DEVICES PROHIBITED.
It shall be unlavvful for any person to discharge firearms, deadly weapons, explosive
devices, guns, pistols, shotguns, rifles, airguns, gas operated guns, spring guns, or a weapon of
any kind or description within the limits of the Town; provided, however, that this Section shall not
apply to police officers in the discharge of their duties.
9.56.020 - EXCEPTIONS: PERMITS.
The Tovun Council may at any time, upon receipt of proper application, grant permits to
shooting galleries, gun clubs, rifle ranges, and other establishments for shooting in fixed localities
and under specified rules. Such permits shall be in writing attested by the Town Clerk,
conforming to such requirements and conditions as the Town Council shall demand, and the
permit thus issued shall be subject to revocation at any time by action of the Town Council.
9.56.030 - ILLEGAL WEAPOIVS USE OR POSSESSION PROHIBITED.
' A. It is unlawful for any person to knowingly possess, conceal, or cause to be
concealed on their person or in any vehicle, or to use, any blackjack, gravity knife, multi-fixed
bladed stellate throwing knife, switchblade knife, nun-chucks, or brass or metallic knuckles.
B. IVothing in this Section shall apply to peace officers or to members of the armed
1
Ordinance No. 12, Series oi 1994
forces of the United States or the Colorado IVational Guard acting in the lawful discharge of their
duties so long as such weapons have been issued or-approved by their supervisor or superior
officer.
9.56.040 - UNLAVVFUL COIVCEALMENT OF DEADLY WEAPOIVS.
A. It shall be unlawrful for any person to wear under his clothes, or conceal about his
person, any dangerous or deadly weapon. .
B. For purposes of this Section only, "conceal" shall mean placement of the
dangerous or deadly weapon in question about the person, or within his immediate reach, in such
a manner as to be either completely hidden from view or partially hidden to such an extend that
another person making normal contact with that person cannot ascertain the true nature of the
weapon.
C. It shall be an affirmative defense that the defendant was:
1. A person in his own dwelling or place of business or on property owned or
under his control at the time of the act of carrying; or
2. A person who, prior to the time of carrying a concealed weapon, has been
issued a written permit to carry the weapon by an official lawfully authorized to
issue such permit, and the written permit states that it shall be effective in all areas
of the State; or
3. A peace officer, as defined in Section 18.1.901(3)(I) of the Colorado
Revised Statutes, as amended; or
4. Carrying a folding-type knife with a blade not exceeding three and one-half
inches (31/2") in length.
9.56.050 - POSSESSIOIV WITHIiV LICENSED PREMISES.
A. It shalf be unlawful for any person as a patron of an establishment where alcoholic
beverages are sold for consumption on #he premises, to possess or carry or display any
dangerous or deadly weapon, whether concealed or not, while on the premises of such
establishment. B. It shall be an affirmative defense to a charge of possession or carrying a
dangerous or deadly weapon under this Section that said weapon was a folding-type knife with
a blade not exceeding three and one-half inches (31/2"). This defense does not apply to a charge
of displaying such a weapon.
C. It shall be an affirmative defense to a charge of possession or carrying a
dangerous or deadly uveapon under this Section that the person is in that person's own dwelling
2
Ordinance No. 12; Series of 1994
or place of business or on property owned or under that person's control at the time of the act
of carrying or possessing.
9.56.060 - SELLIIVG UVEAPONS TO INTOXICATED PERSONS.
It shall be unlawful for any person to purchase, sell, loan, or furnish any dangerous or
deadly weapon to any person intoxicated or under the influence of alcohol or any narcotic or
dangerous drug or glue.
9.56.070 - EXCEPTIOiVS.
Nothing in Sections 9.56.010, 9.56.030, 9.56.040, and 9.56.050 of this Chapter shall be
construed to forbid any enforcement officer of the various law enforcement agencies of the United
States government, or the State of Colorado, or any sheriff or his deputies, or any regular, special
or ex-officio peace officer from carrying, wearing, or using such weapon as shall be necessary
in the proper discharge of his duties so long as such weapons have been issued or approved by
their supervisor or superior officer.
9.56°080 - FORFEITURE.
Any dangerous or deadly weapon as defined by this Chapter used or possessed in
violation of Sections 9.56.010, 9.56.030, 9.56.040, 9.56.050, and 9.56.060, inclusive, of this
Chapter, is hereby declared to be contraband and shall be forfeited to the Town upon a conviction
resulting from such use or possession.
9.56.090 - DISPOSITION OF CONFISCATED VVEAPOIVS.
It shall be the duty of every peace officer, upon making an arrest and taking such a
wreapon, thing, or substance from the person of the offender to deliver or cause to be delivered
the same to the Chief of Police to be held in his custody until the final determination of the
prosecution of said offense. . The Chief of Police, or his authorized agent, shall dispose of
weapons forFeited pursuant to ordinance by destruction or retention for Department use in
accordance with procedures and regulations of the Police Department.
9.56e100 - CRINIINAL ATTEMPT.
A. A person commits criminal attempt if, acting with the kind of culpability otherwise
required for commission of an offense, he engages in conduct constituting a substantial step
towrard the commission of the offense. A substantial step is any conduct, whether act, omission,
or possession, which is strongly corroborative.of the firmness of the actor's purpose to complete
the commission of the offense. Factual or legal impossibility of committing the offense is not a
defense if the offense could have been committed had the attendant circumstances been as the
actor believed them to be, nor is it a defense that the crime attempted wras actually perpetrated
3
Ordinance No. 12, Series of 1994
b
by the accused.
B. A person who engages in conduct intending to aid another to commit an offense
commits criminal attempt if the conduct would establish his complicity under Section 9.56.120
were the offense committed by the other person, even if- the other is not guilty of committing or
attempting the offense.
C. It is an affirmative def.ense to a charge under this Section that the defendant
abandoned his effort to commit the crime or otherwise prevented its commission, under
circumstances manifesting the complete and voluntary renunciation of his criminal intent.
9.56.110 - COMPLICITY.
A person is legally accountable as principal for the behavior of another constituting a
criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids,
abets, or advises the other person in planning or committing the offense.
Section 3
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4
The Town Council hereby finds, determines, and declares that this ordinance is necessary
and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof.
Section 5
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein. '
Section 6 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency: This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
4
Ordinance No. 12, Series of 1994
IIVTRODUCED, READ, APPROVED, AIVD ORDERED PUBLISHED OfVCE IN FULL OfV
FIRST READIIVG this day of , 1994, and a public hearing shall be held on this
Ordinance on the day of , 1994, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST: Holly L. McCutcheon, Town Clerk
READ AfVD APPROVED ON SECOfVD READIIVG AfVD ORDERED PUBLISHED
this day of , 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\ORD94.12 ,
5
Ordinance No. 72, Series of 1994
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ORDINANCE NO. 13
SERIES OF 1994 AN OFiDONANCE REPEALING AND REENACTING SECTIOIV 18.69.050 OF TIiE
MlBNBCIPAL CODE OF THE TOVUN OF VA1L, SETT6NG FOR'TFB NEW PIROCEDURES FOR
MEASfl.6R9NC SLOPE OF A PROPOSED DEVELOPMEBVT SITE AND PERIV[ITTINC
RETA9NING WALLS SYX FEET 9iV IiEIGHT 9N THE SETBACIC VVFiEN ASSOCIATED WET9-9
A PEFiNi1TTED GARAGE STRUCTURE.
WHEREAS, the Town Council believes that the following amendment will result in
development that is more sensitive to the site with less site disturbance.
WHEREAS the Planning and Environmental Commission voted 7-0 in favor of the
amendment.
V1/HEREAS, the Town Council believes that the following amendment will streamline
the development review process for proposed developments on sites where the average slope
is greater than 30 percent.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado:
1. Section 18.69.050 - Special restrictions for developments on lots where the
average slope of the site beneath the exis4ing or proposed structure and parking area is in
excess of thirty percent in hillside residential, single-family residential, two-family residential,
and two-family primary/secondary residential zones - of the Municipal Code of the Town of
Vail is hereby repealed and reenacted as follows:
. The following additional special restrictions or requirements shall apply to development
on any lot in a hillside residential, single-family residential, two-family residential or two-family
primary/secondary residential zone district where the average slope of the site beneath the
existing or proposed structure and parking area is in excess of thirty percent:
. A. A soil and foundation investigation, prepared by and bearing the seal of a
registered professional engineer shall be required.
B. Foundations must be designated and bear the seal of a registered, professional
engineer.
C. A topographic survey prepared by a registered surveyor, with contour intervals
of not more than two feet, shall be required.
D. Structures must be designed by a licensed architect.
E. Site coverage as it pertains to this chapter, as permitted by Sections 18.09.090,
18.10.110, 18.12.110 and 18.13.090, is amended as follows: Not more than
fifteen percent of the site area may be covered by buildings; and not more than '
ten perc i nt of the total site area may be covered by driveways and surface
'parking.
F. A site grading and drainage plan shall be required.
G. A detailed plan of retaining walls or cuts and fills in excess of five feet shall be
required. H. A detailed revegetation plan must be submitted.
1. . The zoning administrator may require an environmental impact report as
provided in Section 18.56.020.
J. A minimum of one covered parking space shall be provided for each dwelling
I
unit.
K. Setbacks, as they apply to this chapter, as required by Sections 18.09.060 '
18.10.060, 18.12.060, and 18.13.060, are amended as follows: There shall be
no required front setback for garages, except as may be required by the Design
Review Board.
L. Retaining walls up to six feet in' height may be permitted in, the setback by
the Design Review Board when associated with a permitted garage as
referenced in Section 18.69.050 (k).
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
porkions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases
be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any,
prosecution commenced, nor any other action or proceedings as commenced under or by
~
virtue of the provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
, i
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5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order; resolution, or ordinance, or part thereof; theretofore
repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRST READING this 7th day of June, 1994, and a public hearing shall be held on this
Ordinance on the 21 st day of June, 1994, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
READ AND APPROVED ON SECOIVD READIIVG AIVD ORDERED PUBLISHED
this day of , 1994.
• Margaret A. Osterfoss, Mayor
ATTEST: .
Holly L. McCutcheon, Town Clerk •
~
I
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 23, 1994
SUBJECT: A request for an amendment to Section 18.69.050 of the Town of Vail Municipal
Code to clarify how slope is to be measured and to allow for 6 foot walls to be
constructed in the front setback for projects where the average slope of the site .
beneath the proposed structure and parking area is in excess of 30%.
Applicant: Town of Vail
Planner: George Ruther V. ENTRODUCT90ft9
Section 18.69.050 of the Town of Vail Municipal Code allows garages to be located in the
front setback when the average slope of the site beneath the proposed structure and parking
area exceeds 30%. This section applies to four zone districts: Single Family, Two Family,
Primary/Secondary, and Hillside Residential. Since development on sites with slopes in
excess of 30% often require retaining walls to stabilize cut slopes, and since garages are
permitted in the front setback when in accordance with Section 18.69.050, staff feels Section
18.69.050 should be amended to allow 6-foot tall retaining walls in the front setback under
these circumstances. According to existing zoning regulations, Section 18.58.010 allows walls
up to a maximum of 3 feet in height in the required front setback regardless of slope
conditions.
- Staff also feels that an amendment should be made to this section as it relates to how slope
is measured at a qroposed development site. Currently, slope on a site is only calculated for
the area under the proposed structure and the code does not address whether to take into
account the slope under any existin structures on the site.
BB. PFiOPOSED CHANtaES
The proposed additions are shown below in the shaded text. The proposed deletions are
shown in overstrike.
18.69.050 Special restrictions for developments on lots where the average
, slope ofi the site beneath all exisiing;;or proposed structures and
parking areas are in excess of thirty percent in the Hillside
_ Residenfial, Single-Family Residential, Tvuo-Family Residential, and
Primary/Secondary Fiesidential zonese
1
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0
The following additional special restrictions or requirements shall apply to development
on any lot in a Hillside Residential, Single-Family Residential, Two-Family Residential
or Primary/Secondary Residential zone district where the average slope of the site
beneath the proposed structure and parking area is in excess of thirty percent:
A. A soil and foundation investigation, prepared by and bearing the seal of a
registered professional engineer shall be required.
B. Foundations must be designated and bear the seal of a registered, professional
engineer. I
C. A topographic survey prepared by a registered surveyor, with contour intervals
of not more than two feet, shall be required.
D. Structures must be designed by a licensed architect.
E. Site coverage as it pertains to this chapter, as permitted by Sections 'i 8 09 090,
18.10.110, 18.12.110 and 18.13.090, is amended as follows: Not more than
fifteen percent of the site area may be covered by buildings; and not more than
ten percent of the total site area may be covered by driveways and surface
parking.
F. A site grading and drainage plan shall be required.
G. A detailed plan of retaining walls or cuts and fills in excess of five feet shall be
required.
H. A detailed revegetation plan must be submitted.
1. The zoning administrator may require an environmental impact report as
'provided in Section 18.56.020. J. A minimum of one covered parking space shall be provided for each dwelling
unit.
K. Setbacks, as they apply to this chapter, as required by Sections 18.09.060,
18.10.060, 18.12.060, and 18.13.060, are amended as follows: There shall be
no required front setback for garages, except as may be required by the Design
Review Board.
L`. Retair~ing wa11S shalE not exceed &feet;in height in the reed front setback:;
UV. STAFF RECOM6wEND,4T10N
Development on steep slopes (greater than 30%) inherently implies site disturbance and the
need for retaining walls. Often times, the steep cuts that are made in the front setback for
garage construction as permitted by Section 18.69.050 require the installation of retaining
walls in excess of 3 feet in height. Under existing conditions, a garage is permitted in the
front setback, yet a watl of sufficient height needed to retain any associated cuts requires a
_ wall height variance from the Planning and Environmental Commission (PEC), thus creating a
contradiction in the Code. Staff feels the proposed amendments to Section 18.69.050
allowing 6 foot tall retaining walls in the front setback pursuant to Section 18.69.050, and
calculating slope under existin structures, will alleviate any contradiction without jeopardizing
the intent of the Code.
c:\pec\memosWope.523
2
RESOLUTION BVO. 15
SERIES OF 1994
A RES0LUTIt)N SETT16VC FEES
FOR RE!lOCABLE R94aHT-OF-WAY APPL9CAT90R9 AND PEF3MBTS.
V1/HEREAS, it is the Town Council's belief that the costs relating to certain services that
require recording must be paid by the applicant; and
UVHEREAS, Resolution iVo. 10, Series of 1991, did not address or set a fee for recording
documents with the Eagle County Clerk and Recorder's Office concerning improvements in the
public right-of-way. fVOUV, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. That a five dollar ($5.00) per page fee will be collected for recording with the Eagle
County Clerk and Recorder's Office the application and associated attachments for permits to
place improvements in the public right-of-way.
2. That the Town Council hereby finds, determines, and declares that this resolution
is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
3. That this resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this day of ,
1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\RESOLU94.15
Resolution No. 15, Series of 1994
R ~
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e4
TO uW oF vAIEL ~
75 South Frontage Road Department of Community Developrnent
Vail, Colorado 81657
303-479-21381479-2139
FAX 303-479-2452
AflEMORANDURA
T0: Vaii Town Council
FROM: Community Development
DATE: June 7, 19943 SUBJECT: Vail Golfcourse Townhome Hazard Zone Change Request
Applicant: Bill Sargent representing the Vail Golfcourse Townhomes
Staff: Russ Forrest and Greg Hall
(Changes since PEC Meeting on May 23rd are indicated in bold)
1. REQUEST
Portions of the Vail Golfcourse Townhomes (Sunburst Filing # 3.on Sunburst Drive) are
identified on the Town of Vail hazard maps as being in one or more of the following hazard
areas: rockfall, debris flow, and avalanche hazard area. After completing a site specific
geological sunrey, the Vail Golfcourse Townhomes is requesting that units 1 through 55 no
longer be designated as a geologically sensitive area based on a hazard study by Art Niears,
P.E., Inc. dated August 1993 (Attachment 1).
li. EXISTING HAZARD DEL1NEATlON
To determine the location of hazard areas on the Vail Golfcourse Townhome site, three
different Town of Vail hazard maps must be examined. Attachment 2 shows the Town of Vail
snow avalanche hazards for the Town of Vail which where prepared by Arthur Mears in 1976.
This map was drawrn before the Vail Golfcourse Townhomes wrere built so it is difficult to
determine the exact units that are currently shown as being in an avalanche influence area.
Attachment 3 displays the debris flow hazard areas and Attachment 4 shows the rockfalt
hazard areas. Table 1 describes the units that are in hazard areas based on the Town of Vail
hazard maps in Attachments 2-4. If a hazard area was shown to be adjacent to a building or
affecting part of the building then, the entire building was considered to be in a hazard area.
1
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~ Tabfe 1 Summary of Town of Vail Hazard Maps
Units Snow Avaianche Debris Flowr Rockfall
55-76 Possible Avalanche Debris Avalanche High Severity
Influence zone High Hazard Rockfall
54-51 Possible Avalanche None Moderate Severity
Influence zone
47-50 None None Moderate Severity
43-46 None None None
39-42 None None Moderate Severity
35-38 Possible Avalanche None Possible High Severity
Influence zone Rockfall for unit 35
1--34 None None None
° Note: The use of the wrord "none" in Table 1 means that the Town of Vail maps currently
do not indicate a hazard based on staff review. It does not imply that a hazard may not exist.
BVB. BACKGROUND The Town of Vail debris flow and debris hazard analysis map was developed in 1984 by
Arthur Mears and the Rockfall map was prepared by Schmueser & Associates in 1984. The
snow avalanche influence zone was developed by Arthur Mears in 1976. Development in
geologically sensitive hazard areas which includes rockfall, debris flow, and avalanche areas
is restricted. No development is allowed in red or high hazard areas for avalanches (Town of
Vail Code 18.69.040). Structures may be built in blue or moderate avalanche hazard areas.
Section 18.68.052 of the Town Code requires that a site specific geologically study be
prepared to determine whether development on a site can safely occur in a rockfall and debris
flow hazard area. If the report indicates the development can safely occur in the hazard area
or that mitigation measures can safely protect the development without increasing the danger
to other properties or public right of way, then the application can be approved.
2
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VV. CRATERVA FOR DECBSBON
The Town Code states that the Planning and Environmental Commission and Town staff shail
reviewr ali changes to the master hazard plans (section 18.69.033) and that the Town Manager
shall report all major modifications to the Town Council within 1 year. Also in section
18.69.052 (G) (3) it states that if someone disputes the designation of any property as a
geologically sensitive area the applicant will have an opportunity to appear before the Town
Councit with a site specific geological report and present their case. The Town Council wrould
then decide whether to allow the requested modification. Based on the regulations in
18.69.033, and 18.69.052 the Town requires an applicant wishing to change a hazard zone .
designation to have the applications reviewed by the Planning and Environment Commission
and receive final approval by the Town Council before the map change may occur.
Mr. Arthur Mears did prepare a site specific study for the Vail Golfcourse Townhomes that
evaluated the risk of snow avalanche, rockfall, and debris avalanche hazards. This study
concludes that units 1-55 are "outside the influence" of avalanche, debris flow, and rockfall
hazard and require no mitigation (see pages 4-7 in the Niears report). Units 55 through 76
were found to be under the influence of a hazard.
The Town engineer reviewed this report and had several questions regarding the calculations
used in the report. Arthur Mears responded to the Town Engineers questions satisfactorily in
the attached letter (Attachment 5). Based on the technical analysis of the Arthur Mears study,
the Vail Golfcourse Towrnhome are requesting that units 1-55 be excluded from debris flow,
avalanche, and rockfall areas on the Town of Vail's corresponding maps.
V. STAFF RECOMME6dDAT90N
The Town Engineer has reviewed the technical analysis and resolved all questions regarding
the Mears study. Staff recommends that units 35-54 at the Vail Golfcourse Townhomes be
removed from the Town hazard maps. Units 1-34 currently do not appear on Town of Vail
hazard maps. Staff does not recommend that unit 55 be removed from the haiard area since
it is connected with units 56-60. Units 55 through 60 are identified as being in a moderate
hazard area in the Arthur Mears Study. The Chief Building Official for the Town of Vail
concluded that if significant structural damage occurred to units 56-60, then it is likely, based
on the construction of that building, that unit 55 would be impacted. Therefore, staff
recommends the following:
` that units 34-54 no longer be designated in a hazard area
' that units 55 remain in its current hazard designation, and
` that units 56-76 be designated as per the Arthur Mears Report. It should be noted
4ha4 4here are high (red) and moderafie (blue) snow avalanche hazards designated
for some of 4hese uni4s along with moderate and severe rockfall and debris
avalanche hazards. Future no4ification 4o prospec4ive property purchasePS must
reflect 4he finc9ings in the Mears report. 9n addi4ion ex4erior cons4ruc4ion restric4ions and mi4igation requirements per section 98.69 uvilE apply to these
uni4s.
3,
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The followring disclaimer applies to decisions pertaining to section 18.69.
"This chapter is based on scientific and engineering considerations vvhich are
continually being developed. Compliance with the provisions herein cannot insure freedom from risk to life, safety, or property. This section shall not create liability on
the part of the Towrn of Vail or result from reliance on this chapter, or any
administrative decision lawfully made hereunder. The designation of certain areas as
hazard areas or geologically sensitive areas pursuant to maps incorporated into this
section does not imply in any way that areas not so designated are free from all risk
to life, safety, or property (Section 18.69.036)."
~
t
4
~w~^ti.: u ' `n:~ . . •
• ~ °~-~~,~~;~~z~'° b~ ATTACHMENT ONE
:i4:..,.' • ~ .
• , ~ V--•~/~; 1
•:i3''^", /I
ti;.'x' ~ ; `
•';F° ~
PROPER't'Y l1HAMAGEIiRENT
ti•~ x-r..
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August 23, 1993
- Pqro Andrew Knudtsen ' Community Development
Tovan of Vail
75 S. Frontage Road Vail, CO 81657
Dear Andyo
Enclosed is a copy of a Geological Hazard Assessment for the Vail
Golfcourse Townhomes prepared by Arthur I. Mears, P.E., Ince
The study analyzes each specific toumhome in relation to its
exposure to snow avalanche, rockfall and debris avalanche hazards.
We are requesting that the Town update its maps in accord with this
study such that units 1 through 55 will no longer be included in
any "Geologically Sensitive" areao
Please advise me what is required from the Vail Galfcourse
Townhomes to have the maps revised. Thank youe
Sincerely,
~
Bill Sargent
Managing Agent
The Vail Golfcourse Townhomes
P.O. Box 1292, Vail, Colorado 81658 / Crbssroads Shopping Center/ 143 E. Meadow Drive - Suite 391A
303-476-4300/FHX 303-479-9534
i ~ ~ ~
1~~ .
i. . .
~ GEOLOGIC H RD ASSESSNIEIVT
~ VA8L GOLFCOURSE TOWNFIOIUIES
~
~
Prepared For
Mro We96iam R. Sargent
Prepared By
Arthur I. Mears, P.E., Inc.
Gunnison, Colorado
August, 1993
i - . AR'THUR I. MEARS, P.E., INC.
Naaua! Haaards Consultants
222 FBat C,ot}ric Ave.
Gumniwn. Colorado 81230
303 - 641 •3236
"~X"~ •
Augus4 4, 1993
Mr. WiIliam.R. Sargent
Crossroads Realty, Ltd.
P.O. Box 1292
Vail, CO 81657
Dear 11Nr. Sargent: -
;4s you requested during our on-site meeting last month, I am providing the attached
appraisal of geologic hazards to all the units of the Golfcourse Townhomes.
Please contact me if you have any questions or desire additional consultation. Sincerely,
Arthur I. Mears, P.E.
Avalanche-control engineer
Encl.
M¢v Wmting ~ Acnlmzchu ~ AaalancheContmlEngrneering
f.
•
. . ~ STUDX OBJECTaVES AND LlMITATIONS
~ . A.s requesfied by Mr. WiIliam Sargent, this study has the following objectives:
. aAnalysis of snow avalanche, debris avalanche, and rockfail potenfial at the
Golfcourse Tovanhomes;
b. Classification ofi the exposure of each of the 76 units Yo the above processes;
and .
c. Elimination of some of Yhe unifs from Town of Vail hazard classification.
The study also has the following limitations which must be understood by all those using
the results:
a. iVo attempt is made to evaluate the site-specific parameters required to provide
structural mitigation to each exposed unifi; and
b. Hazard from rockFall or avalanche processes may injure or kill persons while
near or betv+reen the units; structural protecfion will not mitigate this hazard.
2 DESCRIPTION OF HAZ4RDOUS PROCESSES
2.1 Snow Avaianche
Snow avalanches resuft from failure of snow slopes on the steep, aspen covered terrain
above the Golfcourse Townhomes. Terrain inclination above the Townhomes ranges
from 30° to 40° continuously betwreen 8,300 and 8,800 feet elevation; avalanches can
begin anyvvhere on these slopes. Snow avalanches may occur in dry or wet snow and
are possible anytime after a snowcover more than two-to-three feet thick covers the
slope. Avalanches are possible, therefore, during the months of iVovember through May.
The largest and most destructive avalanches will begin immediately below the cliff
outcroppings at 8,800 feet, however destructive avalanches can begin at lower elevations.
For example, an avalanche released from the 8,600 foot level during March, 1993 and
uprooted or broke the main stems of numerous aspen trees as it flowed down the slope.
This avalanche stopped immediately above the upper units of the Townhomes (in the
vicinity of units 71 and 76), but produced no damage to buildings. Although this was the
largest avalanche to occur at this location since the Townhomes were built, substantially
larger avafanches are possible. They could reach some of the units and produce
extensive damage.
For land-use planning and engineering purposes the "design-magnitude" or 100-year"
return period avalanche has been evaluated. The 100-year avalanche has a constant
annual probability of 1%, a probability that is assumed to not change after the avalanche
occurs. However, when numerous aspen trees are removed by an avalanche (as, with
1
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. the 1993 avalanche), the probability of future avalanching will increase because snowpack
anchors are removed.
Because the design-magnitude avalanche has not been observed at fihis location, the
_ dynamics and impacfi characteristics have been evaluated by the fiollowing indirect
procedures:
a. The avalanche runout disPance, or potential stopping position during extreme
conditions vvas determined through terrain analysis, experience with extreme
events in Yhe local area, and prediction using a data base of extreme avalanche '
runout events in Colorado;
b. The avalanche flo,w thickness, impact pressure, and ve%cify were determined
through application of an avalanche dynamics model, given a starting position at
the 8,800 foot level and a stopping position determined in step "a."
Avalanche runout zones in the vicinity of the Golfcourse Townhomes are mapped on
~ Fgure 1. This mapping subdivides the avalanche ruriout zones into "high hazard" (Red)
and "moderate hazard" (Blue) zones which are defined below.
a. HIGH HAZ,4RD (RED). Area affected by avalanches writh return periods of 25
years or less or avalanches that can produce impact pressures of 600 Ibs/ft2 or
more. Newr construction is generally not permitted in Red zones; existing
structures should be reinforced or otherwise protected.
b. MODERATE HAZARD (BLUE). Area affected by avalanches with return
periods of 25 - 100 years and avalanches producing impact pressures of less than
600 Ibs/ft2. New structures are permitted in Blue zones provided structural
protection is incorporated in design.
The delineation of avalanche Red and Blue zones are shown on Figure 1 are based on
the tdvo-step avalanche dynamics procedure outlined above. The results of the dynamics
analysis are summarized in Fgures 3- 11 at the end of this report. The analysis
computed avalanche flow thicknesses, impact pressures on flat surfaces normal to the
flow direction, and velocities for three locations: (a) immediately above the upper units,
(b) approximately 100 feet below the upper units, and (c) approximately 200 feet below
the upper units. The avalanche parameters should be used for hazard classification
purposes only, not for engineering design. For example, design pressures would be
substantially less than those indicated if proposed stru.ctures are..impacted at a small
angle to the avalanche flow direction. See Section 4("MITIGATIOfV") for more details.
2.2 Debris Avalanche Debris avalanches occur on the same terrain affected by the snow avalanches discussed
in Section 2.1. Major debris avalanches, however, will entrain a larger percentage of soil,
rock, and trees but will move more slowly than snow avalanches. While snow avalanches
may occur at any time during the snow season, debris avalanches are primarily a late
2
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vvinter and particularly a spring phenomena. They are mos4 likely when the snowpack
has become completely saturated with water, a condition most likely during the months
of April and NNay (bu2 possible during fiNarch or even June).
; Debris avalanches have not been analyzed separately from snowr avalanches on the
y slopes above the Townhomes because (a) both will possess similar destructive energy;
and (b) both will require similar mitigation.
2.3 Rockfall
Rockfall consists of single or a few falling, bounding, or rolling rocks originating at the
upper cliffis (at approximately 8,800 feet elevation) or from the steep slopes between the
cliff and the Townhomes. The larger rocks wilf, or course, possess greater energy and
destructive potenfiial, wrill firavel farther on gentle terrain, and will move a higher velocity.
Inspecfion of available material on the slopes and prior. evidence ofi rockfall in similar
terrain in the lJail area indicated a three-foot diameter rock is the design size.
Rockfall dynamics vvere analyzed through use of the Colorado Rockfafl Simulation
Program (CRSP), a stochastic computer model that simulates rockfall velocity, bounce
height, and energy. The results of this analysis enabled rockfall risk to be subdivided into
zones of "Severe" and "Moderate" hazard, similar to those used in Town of Vail
generalized rockfalf hazard mapping. The rockfall mapping and hazard zonation is shown
on Figure 2.
3 EXPOSURE OF COLFCOURSE TOVVNHOfViE IJIVITS
Tab1e 1 provides a classification of all 76 units in the Vail Colfcourse Townhomes with
respecf to hazard from snow avalanches, debris avalanches, and rockfall. Three levels
of severity are indicated for each process:
a. "High" (avalanche) or "Severe" (rockfall)
b. "Moderate" (avalanche) or "Moderate" (rockfall)
~ c. "None" (avalanche or rockfall).
1
All units classified as "None" are considered to be outside of the influence of avalanche 1
or rbckfall hazard and require na mitigation. Units classified as "Moderate" will require
mitigation, however mitigation requirements will usually be limited to a small portion of
building surfaces or loads may be easily accommodated. Units classified as "High" or
"Severe" may require extensive structural mitigation.
Mitigation concepts are discussed in Section 4 of this report.
3
, • , •
winteP and particularly a spring phenomena. They are most likely when the snowpack
has become completely saturated with water, a condition most likely during the months
of Apeil and May (bufi possible during March or even June).
' Debris avalanches have nofi been analyzed separately from snovv avalanches on the
;
slopes above the Townhomes because (a) both will possess similar destructive energy,
and (b) both will require similar mitigation.
2.3 Rockfall •
Rockfall consists ofi single or a few falling, bounding, or Polling rocks originating a4 fihe
upper clifFs (afi approximately 8,800 feet elevation) or firom the steep slopes between the
cliff and the Towrnhomes. The larger rocks will, or course, possess greater energy and
destructive potential, will travel fiarther on gentle terrain, and will move a higher velocity.
Inspection of available material on the slopes and prior evidence of roc{<fall in similar
terrain in the Vail area indicated a three-foot diameter rock is the design size.
Roclcfall dynamics were analyzed through use of the Colorado Rockfall Simulation
Program (CRSP), a stochastic computer model that simulates rockfall velocity, bounce
height, and energy. The results of this analysis enabled rockfall risk to be subdivided into
zones of "Severe" and "Moderate" hazard, similar to those used in Town of Vail
generalized rockfall hazard mapping. The rockfall mapping and hazard zonation is shown
on Figure 2.
3 EXPOSURE OF COLFCOIJRSE T0WIVHOME UNITS
Table 1 provides a classification of all 76 units in the Vail Colfcourse Townhomes with
respect to hazard from snowr avalanches, debris avalanches, and rockfall. Three levels
of severity are indicated for each process:
a. "High" (avalanche) or "Severe" (rockfall)
~ b. "Moderate" (avalanche) or "Moderate" (rockfall) "
c. "iVone" (avalanche or rockfall).
All units classified as "None" are considered to be outside of the influence of avalanche
or rockfall hazard and require no mitigation. Units classified as "Moderate" will require
mitigation, however mitigation requirements will usually be limited fio a small portion of
building surfaces or loads may be easily accommodated. Units classified as "High" or
"Severe" may require extensive structural mitigation.
Mitigation concepts are discussed in Section 4 of this report.
3
,
. TABLE 9. Geologic Hazard Matrix - Golfcourse Townhomes
vNIT NUMBER SNOW ROCKFALL DEBRIS
AV,4LANCFiE AVAIANCHE
9 None None None
~
2 None None None
~
3 None None None
4 None None None
5 None None None
6 None None None
7 None None None
8 None None None
9 _ None None None
10 None None None
11 None None None
12 None None None
13 None None None
14 None None None
15 None None None
16 None None None
17 None None None
18 None None None
19 None None None
20 None None None
21 None None None
22 None None None
23 None None None
24 None None None
25 None None None
26 None None None
4
TABLE 9 (Continued)
~ flJNIT NUMBER SN01li/ ROCKFALL DEBRIS
AVALANCHE AVALANCHE
27 None None None 28 None None None
29 None None None
30 None None None
,
~ 31 None None None
' 32 None None None
~
33 None None None
34 None None None
35 None None None
36 None None None
37 None None None
38 None None None
39 None None None
40 None None None
41 None None None
42 None None None
43 None None None
44 None None None
45 None None None 46 None None None
47 None None None
48 None None None
49 None None None
50 None None None
~ 51 None
' None None
5
, TABLE 1 (Continued)
IJNIT NUIUBER SNOW ROCKFALL DEBRIS
AV,4LARlCFiE AVAL4NCHE
52 None None None
53 None None None
54 None None None
55 None None None
56 Moderate Moderate Moderate
57 Moderate Moderate Moderate
58 Moderate Moderate Moderate
59 High Severe High
60 High Severe High
~
; 61 None ANoderate None
62 Moderate Moderate Moderate
63 Moderate Severe Moderate
64 High Severe High
65 High Severe High
66 None Moderate None
67 None Moderate None
68 Moderate Moderate Nioderate
69 High Severe High
70 High Severe High
71 High Severe High
72 Moderate Moderate Nioderate
73 Moderate Moderate Nioderate
74 High Severe High
75 High Severe High
76 High Severe High
6
~
4 MiTiGATeoN
Mitigation, oP sfirucfiural protection possibilities for the 21 units exposed to avalanche
(snow or debris) and rockfiall hazards ranges from "minor" fio "extensive" as indicated in
Table 2. When mitigation requirements are "minor" they may consisfi simply of reinforced
window or dooP covers or possibly bracing certain exterior walls. To be effective,
mitigation of certain units require may require extensive reinforcement Yo protect from
avalanche oP rockfall foPCes.
TABLE 2. Mitigation Requirement Classificafiion
UNIT RlUMBER SN01A! ROCKFALL DEBRIS
AVAL4NCHE ,4VALANCHE
56 Minor Minor Minor ~ 57 Minor Minor Minar
; 58 Minor Minor Minor
59 Extensive Extensive Extensive
60 Extensive Extensive Extensive
61 None Minor None
62 Minor Minor Minor
63 Minor Extensive Niinor .
64 Extensive Extensive Extensive
65 Extensive Extensive Extensive
66 None Minor None
67 None , Minor None
68 Minor Minor Minor
69 Extensive Extensive Extensive
70 Extensive Extensive Extensive
V 1 Exte nsive Extensive Extensive
2 Minor Minor Minor
3 Minor Minor Minor
4 Extensive Extensive Extensive
5 E;ctensive Extensive Extensive
6 Extensive Extensive Extensive
7
AEAI~~I 1 Il~oz~ ms-~ss x~nwnin~
c'
~ , • ,
~ •
. Details of mitigation and mitigation design specifications are beyond the scope ofi this
study, as discussed with fiAr. Wiliam Sargent. Such defiails can be provided for any of
the units by considedng 2he following factors:
a Distance frorn the slope; b. Design rockfail oP avalanche velocity;
c. Avalanche flow thickness and kinetic energy density;
d. Rockfall kine4ic energy or bounce height;
e. Shape and orientation of exposed building surfaces.
Rockfall protecfion could be designed to protect all of the units by building a special
energy absorbing fence or other type of vertical rockfall barrier on the uphill boundary of
the property. Such a fence must be designed for rocfcfall velocity, energy, and bounce
heighf. Such a fence w?ould not be resistenfi to snow or debris avalanche impact energy,
however, and would probably require extensive repair or repfacement after an avalanche.
Altemately, each unit could be protected individually. Design parameters (listed above),
would have to be derived for each unit.
Snovv or debris avalanches will require protection at each unit. Building a wall or berm
afi the uphill side of the property would not be effective against avalanches because the
uphill side of such structures tend to fill in with deposited snow or avalanche debris.
8
~ • .
• 1
5 TECFiNICAL APPENDIX .
;
The following provides fechnical data derived for fihis sfiudy that defines avalanche and
rockfall defiense design parameters thafi wrere used in defining 4he hazard boundaries and
in classifying the Pelative hazard pofiential at each site.
Snovb Avalanche
Pages 10 - 98 aPe de4ailed output on avalanche (a) flow thickness, (b) Impact pressure,
and (c) velocity, Each avalanche-dynamic parameter is given at 4he upper, central,. and
lower portion of the Townhomes. They can be used in any future site specific analysis
of avalanche mitigation.
RockfaN
Pages 19 - 36 are computer simulation output defining roclcfall velocify and bounce
heights at the upper, central, and lower portions of the townhomes. They cart be used
in any future site specific analysis of rockfall mitigation. '
Report prepared by,
Arthur I. Mears, P.E.
Avalanche-control engineer
i
~ 9
"OLFCOUR. E TOWNHOMES
Flow Thickness -m UPper Portson
7
6
~
LL-
4
~
~
~ 3
~
o 2
~
~
0 ,
14.7 15.9 17.2 18.5 19.8
Time Since Avalanche Start (Sec)
10
3 .
GOLFCOURSE
TOWNHOMES
Noma0 Impact Pressure -m Upper Portion
25oo
2ooo
~
~
~
~
~
500 -
u,
cn
, N
~ 6-
U ~
a V 1000
~
v E
5V 0
O i
14.7 15.9 17.2 18.5 19.8
Time Since Avalanche Start (Sec)
GOLFCOURSE TOWNHOMES
Bmpact Pressure -m Centras Portion
1800
~
1600
~
1400 -
`n
1200
~
~
u~, 1000
cn
0- 800
~
U
~ 600
E
400
200 .
0
15.2 16.5 17.8 19.1 20.4
Time Since Avalanche Start (Sec)
u "OLFCOURSETOWNHOMES
,
Velocaty Centras Portion
5o
45 - - - -
40
35
~
~
cn 30
`
~
25
U
O 20
~
~
15 .
10
5
0
15.2 16.5 17.8 19.1 20.4
Time Since Avalanche Start (Sec)
~
TOWNHOMES
Row Thickness Lower Portion
10
_
9
~ ~
~
; ~ 7
U-
~ -
~ 6
~
- -
~
U ~
.m
~ 4 - -
O ~
U-
2 '6m
y
0
17.8 18.9 20.0 21.1 22.1
~ Time Since Avalanche Start (Sec)
"OLFCOURSE TOWNHOMES
ompact Pressure -m Lower Portion
7oo
6oo ~ 500
CL
~
C)
~ 400
cn
~
~
300
U
~
E 200
1\10\0 .
100 o ,
17. 8 18.9 20.0 21.1 22.1
Time Since Avalanche Start (Sec) ~
~
G G TOWNHOMES
~~~~~ity oe ~ortion
30-
25
~ 20 -
I ~ .
~ ~
;
~ 15
~U
O
C)
> 1 o
5
0
17.8 18.9 20.0 21.1 22.1
Time Since Avalanche Start (Sec)
\ROCFALL2\T0WNHOME> 1 ROCKFALL SINNLATION
LOCATIOR1o Vail Golfcourse Townhomes Upper Edge
2332 LBo SPHERICAL ROC&CS
3 FT o DIAMMETER NLTMHER OF CEI,LS 8
~ IVUMBER OF ROCKS 100
; ANALYSIS POSITION 680 FTe
' INITIAL Y ZOIVE o e a 8820 FTe _TO 8800 FTe
IIVITIAL X VELOCITY 1 FTe/SECe
IIVITIAL Y VELOCITY -1 FTe/SECo
SURFACE TP,NGENTIAL IVORM. COEFo BEGINNIIVG ENDING
CELL # ROUGHNESS COEFFICIENT RESTITUTIOIV X,Y X,Y
1 1.50 a75 .35 0,8800 250 ,8600
2 1.50 .75 .35 250 ,8600 280 ,8560
3 1.50 .75 .35 280 ,8560 300 ,8520
4 1<50 .75 .35 300-,8520 520 ,8400
5 1.50 .75 .35 520 ,8400 650 ,8320
6 0.50 .85 .40 650 ,8320 680 ,8315
7 0.50 .85 .40 680 ,8315 780 ,8305
8 0.50 .85 .40 780 ,8305 880 ,8295
19
i . . -
~ .
\ROCFALL2\TOWPIHONlEe 1 ROCKFALL SINNLATIOIV
LOCATIONe Vail Golfcourse Townhomes Upper Edge
ANALYSIS POIRTT X= 680" Y= 8315 STANDP,RD DE`7IATIOAI (VELOCITY) = 10.76 FPS
MP,XINtIJM. VELOCITY = 57 FT./SECo Ri7ERAGE BOUNCE HEIGHT = 1 FEET
P,VERRGE VELOCITY = 32 FTe/SECe P9AXIMUM BOUNCE HEIGHT = 6 FEET
MIMIMUM VELOCITY = 7 FTe/SECo MAX KIIVETIC ENERGY = 118408 FT.LBSe
BOUNCE ANRLYSIS POINT BOUIVCE HEIGHT DISTRIBUTION
HEIGHT
~ 6 4
_
i 5 44 4
3 4
2 4
~ 1 4
O 10 20 30 40 50 60
FREQUENCY
20
. e
\ROCFALL2\TOWNHOMEe3 ROCKFALL SINNLATION
LOCATIOMa Vail Golfcourse Townhomes Lower Section
DATA COLLECTED AT END OF EACH CELL
MAXIMUM AVERAGE STRNDARD AVERAGE MAXINlUM
:ELL # VELOCITY VELOCITY DEVIATIOIV BOUNCE HOUNCE
(FT/SEC) (FT/SEC) VELOCITY HEIGHT (FT) HEIGHT (FT)
1 75 50 11.56 7 20
2 86 60 11e83 16 38
3 99. 72 12099 28 63
4 67 35 14e80 3 15
5 84 40 12a90 5 17
6 57 32 10.26 1 5
7 51 22 11.18 0 4
8 41 17 9.88 0 5
X INTERVAL ROCKS STOPPED
0 FTe TO 10 3 _
710 FTa TO 720 1
720 FT. TO 730 2
730 FT. TO 740 3
740 FT. TO 750 1
750 FT. TO 760 2
760 FTe TO 770 2
770 FT. TO 780 3
780 FT. TO 790 5
790 FT. TO 800 2
810 FT. TO 820 9
820 FT. TO 830 3 '
830 FT. TO 840 5
840 FT. TO 850 5
850 FT. TO 860 3
860 FT. TO 870 3
870 FT. TO 880 2
36
\ROCFALL2\TOWNHOME e 1 ROCKFALL SIMJLATION
LOCATIOMe Vail Golfcourse Townhomes U .
pper Edge
' ANRLYSIS POINT i7ELOCITY DISTRIHUTIOIV
FREQUEIVCY
6 4 [ [
5 4 [ [ [L
4 4 [ [ [ [ [
3 4 [ LL[[ I
2 4[ [ [
1 4[ [ [[[LL[[[[[L[[[[[[L{L[L [[[LL[I LL IL
7 32 57
VELOCITY
~
I
21
\ROCFALL2\TOWNHOMEe1 ROCKFRLL SIMULATION
LOCATION: Vail Golfcourse Townhomes Upper Edge
BOLJNCE HEIGHT GRAPH
BOUNCE
HEIGHT
63 4
59 4 [
55 4
51 4
47 4
43 4
39 4 [L[[[
35 4 [[[[L[
31 4
27 4 [[L[[I[
23 4 [[[[[LL~
19 4 [[[[L[[L[[[[L[ [L[ [[L L[
15 4 [[[[LL[[L[[[[[[[[[[[[[ L [[[[[[[[L
11 4
7 4 L[LL[[L[[[[[LLLLL[LLL[[[LL[[[L[[L[[L[[LIL[L
3 ~[[[[[[[[[[[[[[[[[[[[[L[[[[[LLL[[L[L[L[[[[[[II[[L[L[[L[L •L [
0 146 293 439 586 733 879
HORIZONTAL DISTANCE
22
\ROCFALL2\TOWNHOMEe1 ROCKFALL SIPRULATION
LOCRTIONe Vail Golfcourse Townhomes Upper Edge
VELOCITY GRAPH
VELOCITY
104 4
98 4
92 4 L[L[[L[
86 4
80 4 L[[[[[[L [ [
74 4 [
68 4 [[[[[[[[[[[[[[[[[L[L[[[[[[[[[[[[[
62 4 [ [[[[[[L[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
56 4 [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[L[[[[[[[[[
50 4 [[[[[[[[L[[[[[[[[[[[L[[[[[L[[L[[[[[~[[[[~[[~
44 4 [[[[[[[[[[[[[[[[[[[[[[[[[[[[[C[[[[[[[[[[[[[[[[[[[[[
38 4 [[[[[[[[[[[L[[[L[[[[[[[L[[[L[L[[[[[[[[[L[[[[[[[L[[[[[[[
32 ~[[[[[[[[L[[[[[[[[[[[[[[[[[[[[[L[[[[[[[[L[[[[[[[L[[[L[[[[[[L
0 146 293 439 586 733 879
~ HORIZONTP,L DISTANCE
23
\ROCFALL2\TOWNHOME.1 ROCKFALL SIMULATION
LOCATIONa Vail Golfcourse Townhomes Upper Edge
DATA COLLECTED AT END OF EACH CELL
MRXIMUM AVERAGE STANDARD AVERAGE MAXIMUM
CELL VELOCITY VELOCITY DEVIATIOM BOUNCE BOUNCE
(FT/SEC) (FT/SEC) VELOCITY HEIGHT (FT) HEIGHT (FT)
1 73 50 11a55 6 21
2 89 62 12070 15 38
3 100 74 14v09 26 62
4 67 37 13.49 4 17
5 74 40 ' 14.42 4 13
6 57 31 10.69 1 6
7 44 22 11,02 0 3
8 32 17 9.00 0 3
X INTERVAL ROCKS STOPPED
0 FT. TO 10 5
380 FT. TO 390 1
700 FT. TO 710 1
710 FT. TO 720 3
730 FT. TO 740 1
740 FT. TO 750 2
750 FT. TO 760 4
760 FT. TO 770 1
770 FT. TO 780 4
780 FT. TO 790 4
790 FT. TO 800 5
800 FT. TO 810 2
810 FT. TO 820 1
820 FT> TO 830 3
830 FT. TO 840 3
840 FT. TO 850 6
850 FT. TO 860 2
860 FT. TO 870 5
870 FTa TO 880 4
24
.
\ROCFRLL2\T06dNHOPRE.2 ROCKFALL SIP4ULP,TIOA1
- LOCATIO1Ve Vail Golfcourse Townhomes Center Portion
~
e.
2332 LB e SPHERICP?L ROCKS
~ 3 F'T o DIAMETER + kVUMBER OF CELLS 8
NUMHER OF ROCKS 100
Ar1ALYSIS POSITIOIV 780 FT a
IIVITIAL Y ZO1VE < o e 8820 FTe TO 8800 FTe
ZIVITIAL X VELOCITY 1 FTe/SECo
IIVITIAL Y VELOCITY -1 FTe/SEC.
SURFACE TANGEIVTIAL NORM. COEFo HEGINNING ENDING
CELL # ROUGHNESS COEFFICIENT RESTITUTION X,Y X,Y
1 1.50 e75 035 0,8800 250 ,8600
2 1.50 e75 e35 250 ,8600 280 ,8560
3 1.50 .75 .35 280 ,8560 300 ,8520
4 1.50 .75 .35 300 ,8520 520 ,8400
5 1.50 a75 .35 520 ,8400 650 ,8320
6 0.50 .85 .40 650 ,.8320 680 ,8315
7 0e50 .85 .40 680 ,8315 780 ,8305
S 0.50 .85 .40 780 ,8305 880 ,8295
i
25
\ROCFALL2\TOGdA1HOME e 2 ROCKFALL SIMJLATION
LOCATIO1Ve Vail Golfcourse Townhomes Center Portion
ANALYSIS POIIVT X= 780 Y= 8305 STp,1VDARD DEVYATION ( VELOCITY 11 o O1 FPS
' MAXIMUM VELOCZTY = 44 FTe/SECe RVERAGE BOUNCE HEIGHT = 1 FEET
AVERAGE VELOCITY = 23 FTe/SECo NIAXIPNM BOUNCE HEIGHT = 3 FEET
. MIMIMUM VELOCITY = 3 FTo/SECo MAX KINETIC EATERGY = 70556 FT.LBSe
BOUNCE ANALYSIS POIIVT BOUNCE HEIGHT DISTRIHUTIOAI
HEIGHT 3 4
2 4
1 4
O 10 20 30 40 50 60
FREQUENCY
26
\ROCFALL2\TOWAIHOMEe2 ROCKFALL SINNLATION
LOCATIONe Vail Golfcourse Townhomes Center Portion ANRLYSIS POINT VELOCITY DISTRIBUTION
FREQUENCY
6 4 [
5 4 [
4 4 [ L C L [[L
3 4[[ [ [ [
2 4[[ [ [ [ L L
1 [[[C[ [
' 3 23 44
VELOCITY
27
.
\ROCFALL2\TOkTNHOMEo2 ROCKFALL SIMJLp,TI01V
LOCRTIOIVo Vail Golfcourse Townhomes Center Portion
BOUIVCE HEIGHT GRp,PH
BOUNCE
HEIGHT
63 4
59 4 [
55 4 [ [
51 4
47 4 LL[[
43 4
39 4
35 4 [LL[[[
31 4 [LLL[L
27 4
23 4 [[[L[[[[
19 4 [[[L[[[[L[[[[I L[
ls 4 [
~ 11 4 [[[[[[[[[[[[[[[[[[[[[[[[[[L[[[[[L[[[[[[
~ 7 4
~ 3 ~[[[L[[[[L[[[L[[[[[L[L[[[[[[[LL[[[[LLLLL[[[LL[L[LLLL[[[[ L L
0 146 293 439 586 733 879
HORIZONTAL DISTANCE
28
\ROCFRLL2\TOWPiHOMEe2 ROCKFALL SIPRULATION
. LOCATIONo Vail Golfcourse Townhomes Center Portion
VELOCYTY GRAPH
VELOCITY 104 4
98 4
92 4 [L[[[[[
86 4 L[[[[[[
80 4 [L[[LLL[ L [
74 4 [
68 4 L[[[[[[[[[[[[[[L[[[[[[[L[[L[[L[L[
62 4 [ [[[[[L[[[[[[L[[[[LL[[[[[[LL[[[[[[[[L
56 4 [[[[[[[[L[[[L[L[[[[[[[[LLL[[[[[[L[[[[[[L
50 4 [[[[[[[[[[[[[[[[[[[LL[L[[[[IL[I[[[[L[[[[[[L[
44 4 ~rrr~rrrrrr~rr~r~rrr<<<<<<<<<<r<<<<<<<<<<<<c<<<<r<<
38 4.[[C[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ttt[[[t[t[[[[t
32 ~[[[[[[[[[[[[[[[[L[[[[[[L[[[[[L[[[[[[[[[[C[[[[[[[[[[[[[[L[[[
0 146 293 439 586 733 879
HORIZONTAL DISTANCE
29
\ROCFALL2\TOWNHOMEe2 ROCICFALL SIMULRTION
LOCAT%ONo Vail Golfcourse Townhomes Center Portion
DATR COLLECTED AT END OF EACH CELL
MAXIMUM RVERRGE STANDRRD AVERAGE MAXIMUM
CELL # VELOCITY VELOCITY DEVIATIOIV BOUIVCE BOUATCE
(FT/SEC) (FT/SEC) VELOCITY HEIGHT (FT) HEIGHT (FT)
1 73 50 11.55 6 21
2 89 62 12.70 15 38
3, 100 74 14v09 26 62
4 67 37 13.49 4 17
( 5 74 40 14.42 4 13
6 57 31 10.69 1 6
7 44 22 11.02 0 3
8 32 17 9.00 0 3
~ X INTERVAL ROCKS STOPPED
0 FTa TO 10 5
380 FTa TO 390 1
700 FT. TO 710 1
710 FT. TO 720 3
730 FT. TO 740 1
740 FTe TO 750 2
750 FT. T0 760 4
760 FT. TO 770 1
770 FT. TO 780 4
780 FT. TO 790 4
790 FT. TO 800 5
800 FT. TO 810 2
610 FTe TO 820 1
820 FT. TO 830 3
830 FT. TO 840 3
840 FT. TO 850 6
850 FTe TO 860 2 ,
860 FTe TO 870 5
870 FT. TO 880 4
30
. •\ROCFALL2\TOWATHOME a 3 ROCKFALL SIMNLATION
LOCAT%ORTe Vail Golfcourse Tovanhomes Lower Section
2332 LB o SPHERICP,L ROCKS
3 FT o DIAMETER MU1vIDER OF CELLS 8
NUtyIDER OF ROCKS 100
ANALYSIS POSITIORI 880 FT e
IIVITIAL Y ZO1VE .ee 8820 FTa TO 8800 FTa
IIVITIAL X VELOCITY 1 FTo/SECe
IIVITIAL Y VELOCITY -1 FTo/SEC.
SURFRCE TANGEIVTIP,L NORMe COEF. BEGINNIIVG ENDING
CELL # ROUGHNESS COEFFICIEMT RESTITUTIOIV X,Y g,y
1 1.50 .75 e35 0,8800 250 ,8600
2 1e50 e75 e35 250 ,8600 280 ,8560
3 1.50 e75 a35 280 ,8560 300 ,8520
4 1.50 .75 e35 300 ,8520 520 ,8400
5 1.50 e75 .35 520 ,8400 650 ,8320
6 0.50 .85 .40 650 ,8320 680 ,8315
7 0.50 .85 e40 680 ,8315 780 ,8305
8 0.50 .85 e40 780 ,8305 880 ,8295
31
i
~ \ROCFALL2\TOTdNHOMEe3 RocKFALL saMULRTaoIV
~
LOCATIOIVo i7ai1 Golfcourse Townhomes Y,ower Section
,
j.~ ANALYSIS PO%RTT X= 880 Y= 8295 STANDARD DEVIp,TI0A1 (VELOCITY) = 9.89 FPS
MP,XIMUPR VELOCITY = 41 FT e/SEC. RVERAGE BOUATCE HEIGHT = 1 FEET
AVERAGE VELOCITY = 18 FTe/SECe PRAXIMUM BOUIVCE HEIGHT = S.FEET
4 MIMIMUM VELOCITY = 3 FTe/SECe MAX KIIVETIC ENERGY = 61263 FTaLBSe
BOUNCE ANALYSIS POINT BOUNCE HEIGHT DISTRIHUTIOIV
HEIGHT
5 4
3 4
2 4
1 eg
0 10 20 30 40 50 60
FREQUENCY -
32
i ,
F o
•
i ,
i
\FtOCFALL2\T06aYVHOME a 3 ROCKFALL SIr4[JLATIOIV
_ LOCAT%O1Ve Vail Golfcourse Townhomes Lower Section AATALYSIS POIAIT VELOCITY D%STRZBUTION
FREQUERICY
5 4 [
4 4 [ [
3 4 [ [L [ [
2 4[L[[ [ L L [
1~L[[[[L[L L L L[LL LL[LLL[ [ I
3 22 gl
VELOCITY
33
.
pr
•
\ROCFALL2\TObd1VHOME e 3 ROCKFALL SIMLIL,ATIORT
LOCATIORTo Vail Golfcourse Townhomes Lower Section
HOUATCE IiEIGHT GRPiPH
, BOUNCE
HEIGHT
63 4
59 4
55 4
51 4 L[[
47 4
43 4 [[[L
39 4
35 4
31 4 L[[[[[
27 4
23 4 [[[L[[L[
19 4 [[[[[[[L[[L
15 4 [C[[
11 ~ LLL[L[LLLL[LLLLILL[[L[IL[[I[[[[[LLLLL[LL
7 4
3 ~LI[[[[[[[[[[[[[[L[L[LL[[[[[[[[L[L[L[[[[[[[[[[[L[[[[LL[[ [
0 146 293 439 586 733 879 ,
HORIZONTAL DISTANCE
34
E
~ e G
s \ROCFALL2\T06dMHOME a 3 ROCKFALL SIMULATIOAT
~
LOCP,TIONe Vail Golfcourse Tovanhomes Lower Section
VELOCITY GRAPH
VELOCITY
107 4 .
101 4 [j[[[
95 4 [[LLL[ 89 44
83 4 LL[L[EI[ L[ [
77 4 [
71 4 [ [[L[[[[
65 4 LLL[[[LL[LL[[[L[L [[[[LL[LL[[[[[[L[L
59 4 [[[[L[[[[[[[[[[[[[[L[[[LL[[[[[[[[[[[[[[
53 4 [[[[[[[[[[[[[[[[[[[[[[[[[[[[[~[[L[[[[[[[[[ e
47 4 [[tL[LLLL[[[[[[[L[LI[LI[LtILL[[[L[tf[[[I[[[[LLL[tL[ LI
41 4
35 4 [[[[[[[[[[[[[[[[[[[[[[[[L[[[[[L[[[[[L[[[L[L[[[[[[[[LL[L[[L
0 146 293 439 586 733 879 \
HORIZONTAL DISTANCE 35
' i. .
, - - - - - -
~ . ~
,
.
E; a~ 1, i i•` 1 ~ i$,+~~+„ty~!j5jn ry~~,. a
a ' , • ' .
' ~ • . Z . ' • _ ~~~.'s ~
" : ~ ~ •t ~s~sa. ~ i i ~ ~ t t$ r,3; w~ v
; . , • ~ T,
`
~ S•
.
: , , ~
, _ . fl +~S a • ,
. ,
' Y t • . - . iY o. n .
.nvl
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` i'Yt - '~y~+... • ,,,,i ;r~'~s. .s t~.s"` i~~
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r ~ . ~?t' Fy~'- 1.•-1) ' _:t. • . ' ~ ~ ~~r y f~~~ : '~iySr~.~, ~~~3~'~
v,~ nr:.
rS ti~ • T ~r ~hyn, . ~
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ATTACHMENT FIVE -
5 ~
D~
AR'THUR I. ME,A12S, P.E., INC.
Naeural Harards Consulrants ~
222 Eaet Cothie Ave.
Gimni.on. Colorado 81230
April 15, 1994 303 - 641 •3236
~
Mr. Greg Hall, P.E.
Town Engineer
Town of Vail
75 S. Frontagc Road
Vail, CO 81657 Dear Greg:
In this ]etter I am t:ying to answcr tl:c thrcc yucstions you had about avalanchc magFing at thc
Golfcourse Townhomes.
1) Dynamic pressure is averaged over the thrce periods of maximum flow thickness. This averages
variations ("noisc") inherent in the use of the stochastic avalanche dynamics modcl I used and provides
a larger pressure than that computed with the standard Swiss avalanche dynamics model.
2) Total pressure is computed by adding dynamic + static pressure in the flowing snow. In the
; "Lower portion" for example, the total pressure P is computed
~
,
1 P = (290+390+505)/3 + (83) (25pco = 602 psf,
~ approximatcly the Red/Blue boundary. Notc that the second term, which assumes "hYdrostatic"
pressure is a conservative overestimation because snow shcar strength is not included.
3) Rcd/Bluc boundarics wcrc dctcrmincd from a combination of calculations similar to those abovc
and on thc basis of observations I made whilc on the ground and through interpretation of aerial
photographs. I also used my own judgment and experience to consider the effect of terrain in
modifying thc hazard lines.. Flattcr tcrrain will shorten thc runout distance.
The avalanche mappinb should bc considerably more accurate than the original map in which the
buildings were iwt iu place. In particular, the new mapping shows how buildings shieId other building
surfaccs from impact. You should bc awarc, howcvcr, that dcsibn pressures uscd in mitigation will
always differ from those used tu dcfine Rcd/Bluc boundarics.
Plcasc Ict mc know if you havc any additional questions.
Sinccrcly,
Arthur I. Mcars, P.E.
Avalanche-control engincer ~
cc: Bill Sargcnt
Mav Wasfir4g o Aualancleu o Avalane6e Contro/Erigineedng
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FIGURE 2. Rockfail qHi9hII and IIModerateII severitY boutidaries at the Vail Golfcourse
.::>::;:<:.:<:::
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Townhomes. Definitions of the hazard zones, additional quantification of hazard, and
generalized description of mitigation is discussed in the text. This mapping supersedes
° all previous rockfall mapping. site pian - September,1983
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~~~ORANDUM
TO: Va9l T0wQE CoflHHHcIlIl
Ft: Bob MelLaaareun, Town Manager
DA: .Uuane Il, 1994
•
RE: Towue Manager's Report
]Po&ece Bui?ding Upcflate
Please fincfl the attasheafl ]Pollnce buaEd'eng buciget. gt reflects actual expenclitaases tterough May 10,
1994. dDespnte seeera? change orders, the projeet continues to be within the project budget.
The nevv portnon off the lE'oHnse baaiiclirug addition is substantia9ly complete arad we are schedu?ecf to
H'ece9Ve the TCO OYD Fr&da3'y June 3, 1994. Po9ice personael have begaan packing an oraier to prepare
ffor the move. We ant6cipate thes move wali began the week of June 6, 1994. Ian order to ffacil'etate
the move of the lPo9ace II?ispateh, and not to nnterrupt dispatch serviees, Dispatch 9nas been operating
oaat of the blaae waaa pae-ked uun the east parking lot. Tfiais van has beere provided by the Colorado
Highway Patroa at a aeieaeimall cost. I expeet the move to be complete and the Polace Department go
be faa9ly operational by 1fanne 10, 1994. Following the move, the congractor will begin renovatimg the
old ]Police I9epartment spaee. Ttnas phase off the constructeon is scheduled to be complete next
3eptember. ,
'd'tee origina? desigau contenap?ated the constraaction of a coaered entry to the wesg entry of the
Municepal Baaelding. As sve have aiiscussed, these were a naaaaaber of problems with the origiraa6
design. 'd'hese includeeIl the destruetion of the eacisting te-ees and disruption of exesting office spaces.
]Finaflly, t?nea-e were prob&erns en s9ealing with the exasting entry to the basernent.
d hadl the architect prepaa-e another design whech wilV proeide acovered entry and avoid these
problems. 'II'his new desfgn 6s less substantial on anature and w611 be far less expensive to sonstruct.
It wfi91y hOSWevery provade a covered engrydvay to the west side off the beailding and create gtee "frouet
dooe-" aPpeaa-ance requested by the PIEC.
'd'he two a9ternateve desigafls are atgached fo thes meaaeo. The staff's preferred alternateve is Scheme
A. I will have the estimated sosf og ghis a?ternatiee for yoaa at the 6/7/94 Woa-k Session. lPlease advise me as to how yoan voish aane go procees9 witfi this gsroject.
Budeet Npdaae
We ?nave begun preparirag the 'd'owwn budget for isca? year 1995. In 1994, Councg9 agreed to ehange
ffrom a kraclitionallane etenn baadgetflrag appsroach to program based buclget. A program baseai budgeg
es oaee that de-ernptnasezes speesfc 1'ene ateans and ffocuses oau aandesskantfing the cost off various
~ programs (code enforcemenB, stre~t ma6ntenance, landscaping maintenance, etc.) Bn fiscal year 1995
we WIllB cOntHII69Ae $o HI9ove tOwaIPd tI4As ]DH'0g6'aiYH1 baSed ap]DTO$Ch. 'd'here wil? be, howeeeP, changes
to the foraeiat of the budget aIloeuameteg ntse9ff. It as my flntention to Bnake the 'd'OV budget a
coiunpe-ehensive policy docaaaneant. I am preparing a memorandum outliniang aa?y approacta and
p?nilosoptniea? base go a maanncnpaIl baaaffget.
Cntnzen Saarvev
'II'he 1994 Cfigizen Suu-vey was man?ed 9ast week to approa-imately 4,300 residents and businesses. The
SIlll9'Vey 9S a coH61(Si'Qhea1SllVe oFlle EBD at$Qgt1ptS $O Rfln(1QF'SQ$nd Ou9' c415$OiA4eII'S9 neecls and desires for the
VaH'9o1E~ serVHceS p6'O@lEde2fl by QdHe TOwQIl Off VaDl. As in preveoeas years, we are a?so trying go gauge
9evels of satnsfacfioen wnth the serveces cear¢~ent9y proveded. lE'or your inforaaaataon, I have attached
a copy of the Saureey. I exiaecg the survey resuQts being back by the aniddle off Jaane, 1994, and the
data will be able to be utalizeel as we prepare the fiscal year 1995 buclget.
lFosd Parkfing Lot Ugdate
As ymu ae-e we?? aware, gHnere 9aas beeaa significant pe-otesk by the Battle Mountaiea High Schoo? s7aff
and stuaients agaanst the 'Il'own's pasking poliey on F'orai Park. The problem arises frona the fact
thag the VatD softball toaarnameang eonf9icts vvveth the Battle Moauntaaee graduation. This week I met
wegh lEsic Frecfe99 to discaass thes matter. Ken Haaghey, Tom Slaeely, ancfl I.arry Grafel also attended
th6s meeteng. Because the sofrtba?l toaaa-naaxaent starts prior go the gratluation, shanging the parking
prograun woeald have no effect on the gradaaateon parking. Follovving our d'escussion, IDr. Frede9fl
agreec9 that gnven the cflrcaam,stanees, our p?an was a workable one. During the course of our
diseeassfon, sve made severaD changes that wou9d enhance the p$ara. These chaaages relate primarnly
go loacling auad aaanload'engg Sign`6dgey etc.
d believe, gieen the conff9acQ of Qhese two events, our parkang plan is the most woricable so8uteoaa
aeaelable to aas. At ns atso raay anndersPandeng that aeow Dr. &'redelll saapport onnr p9ata.
C:ITMRPI'67,94
POLICE BUILDING BUDGET PECEIyED MAY y 0'9~
BUDGET CURREiVT ACTUAL UNDER
REVISED SINCE THRU (OVER)
4/01/94 5/10/94 BUDGET
Architect Fees 240,000 6,620 220,148 19,852,
Architect Reimbursables 9,500 515 6,678 2,822
Architect Extra Services 28,500 1,688 26,562 1,938
Printing Costs 7,500 6,539 961 '
Testing - Soils 4,500 3,584 916
Testing - Concrete 3,500 30 1,621 1,879
Project Management Fees 43,000 3,000 31,690 11,310
Project Management Reimb 2,000 0 2,000
Surveying 4,415 4,095 320
Signage 5,000 285 4,715
Existing Roof Repair 44,585 44,585 0
VVest Lot - Clean & Restripe 1,000 0 1,000
General Construction GMP * 3,027,715 382,698 1,715,670 1,312,045
Construction Change Orders:
1 5,839 5,839
2 10,755 10,755
3 (287) (287)
4 (1,421)
Other 21,500 3,344 17,191 4,309
General Contingency: 55,114 55,114
TOTAL 3,512,715 397,895 2,078,648 1,435,488 Owner Supplied Items:
Electronics 45,956 504 4,077 41,879
Floor Finishes 27,700 0 27,700
Furniture - 59,115 400 58,715
Communications Center 44,000 6,727 8,061 35,939
Telephones & Equipment 12,500 0 12,500
TOTAL OV1/iVER SUPPLIED 189,271 7,231 12,538 176,733
Total 3,701,986 405,126 2,091,186 1,612,221
* Retainage Equals 73,417
POLBLDBD
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MEMORANDUM
TO: All Town Employees
FR: Bob McLaurin, Town AHanager ~
D,4: June 3, 9994
RE: Communi4y Survey
Attached is a copy of our 9994 Community Survey which is being mailed 4o registered voters and
business owners within the Town of Vail. The sunrey was designed by an independent research
firm with input from deparfinent representatives.
The results will be used to measure customer satisfaction levels and to help establish priorities
for the 1995 budget.
Please feel free 4o fifi ou4 the survey and share your own opinions about the Town's service
levels. Simply return the complefied survey 4o Desiree Kochera in the Community Information
Office, either in person or through inter-departmen4al mail. -
1Ne'll be distributing the results to you in the coming weeks.
If you have commen4s or quesfions about this project, please don'4 to con4act me directly at 479-
2105. Thank you for your help.
C:\COMMSRW.MEM
TOWR1 OF VAIE. ~OMMUNI1CY SURVEY 1994 e'
' TOWId UF v,91L
The following questions probe certain issues related Fo the adequacy and performance of the 7'own of Vail government.
We would appreciate your response to the extent which you are able. If you hcave Ro opinion, or no knowledge of a
particular subject, please leabe blarak or dndicate dn 8he appropriate space. Included in the survey are two "insert pages"
pertaining to specafac 7'own services. Please comnlete the main survev Rrst, then comnlete the inserts.
1. How do you rate the overall performance and iesponsiveness of the Town of Vail government?
POOR AVERAGE EXCELLENT
1 2 3 4 5
2. What are the most common means you utilize to keep informed about local issues? (CHECK ALL THAT APPLY)
01) [ ] The Vail Trail •
02) ( ] Vail Daily
03) [ ] Vail Vailey Times .
04) [ ] Local cable television
OS) [ ] Local radio
06) Attendance at public Town meetings and hearings
07) Mailings directly from the Town of Vail
08) [ ] Word of mouth/friends -
09) Individual contact with local officials and/or staff
10) [ ] None
11) [ ] Other (specify)
3• Which of the above is the MOST effective source?
. (INSERT # FROM LIST)
4. To what extent, if any, are the following conditions a problem in your neighborhood? Use a scale of 1 to 5 with 1
being "No Problem" and 5 being a"Major Problem."
NO PROBLEM MODERATE MAJOR PROBLEM
Snow removal from roads . 1 2 3 4 5
Snow removal from walkways 1 2 3 4 5
Street disrepair (potholes, cracks, etc.) 1 2 3 4 5
Unsafe walking routes 1 2 3 4 5
Inadequate street lighting 1 2 3 4 5
Crime, sense of security 1 2 3 4 5
Speeding or reckless automobiles 1 2 3 4 5
Inadequate off-site parking 1 2 3 4 5
Inadequate enforcement of parking regulaCions 1 2 3 4 5
Trash/litter, abandoned vehicles 1 2 3 4 5
Neighborhood noise 1 2 3 4 5
Animals (running at large, barking) 1 2 3 4 5
Signs (street names, traffic controls) 1 2 3 4 5
Pollution from woodsmoke 1 2 3 4 5
Pollution from road dust 1 2 3 4 5
Lack of recreational facilities (bike paths,
parks, playgrounds) 1 2 3 4 5
Other: 1 2 3 4 5
5. Using a 1 to 5 scale, with 1 being "Poor," 5 being "Excellent," and 0 being "Don't Know" or "Haven't Used," how
would you rate the overall performance of the following services provided by the Town of Vail?
General Servaces and Mafin8eaaeece of lPaab?fic Areas - HAVEN'T
USED/
DON'T
PpOR AVG. EXC. KNOW
Snow removal/sanding of residential streets 1 2 3 4 5 0
Snow removal/sanding of frontage roads 1 2 3 4 5 0 Snow removal/sanding of sidewalks/
stairways 1 2 3 4 5 0
Street repair & maintenance on
residential streets 1 2 3 4 5 0
Street repair & maintenance on
frontage roads. 1 2 3 4 5 0 .
Street sweeping 1 2 3 4 5 0
Street lighting 1 2 3 4 5 0
Maintenance of park azeas 1 2 3 4 5 0
Maen8enance and Coendi8uoen off lPaab9nc Baai9dieags/Face?itecs
Municipal buildings/facilities 1 2 3 4 5 0
Bus shelters ' 1 2 3 4 5 0
Public restrooms 1 2 3 4 5 0
Ice arena 1 2 3 4 5 0
Library 1 2 3 4 5 0
Visitor. Information Centers 1 2 3 4 5 0
]Freqaaency and Qanal'eQy of Bus Systea¢a .
Frequency of:
In-town shuttle 1 2 3 4 5 0
Sandstone route 1 2 3 4 5 0
East Vail route 1 2 3 4. 5 0
West Vail route 1 2 3 4 5 0
Qualiry:
Bus driver courtesy 1 2 3 4 5 0 Bus cleanliness 1 2 3 4 5 0
]Parking
Amount of available parking in .
Village/Lionshead 1 2 3 4 5 0
"Reasonableness" of parking fee 1 2 3 4 5 0
Parking structure cleanliness 1 2 3 4 5 0
Booth attendant courtesy 1 2 3 4 5 0
Coupon/pernut program 1 2 3 4 5 0 Speed of transaction at exit booth 1 2 3 4 5 0
COMMENTS ON TOWN SERVICES:
6. As a general policy, with which of the following statements do you most agree?
1) The Town of Vail should concentrate resources primarily on maintaining the present infrastructure (roads,
public facilities, etc.) and should not take on new projects or expansion
2) J It is imponant to upgrade and expand the Town's infrastructure in order to maintain Vail's ability to serve its
citizens and visitors in a first-class manner
7. Have you directly interacted with the Community Development Department over the past 12 months?
1) [ ] Yes
2) [ ] No
8. Based on your ezperience or what you have heard, please evaluate the following aspects of the Community
Development Department. DoN•T
POOR AVG. EXC. KNOW
Hours of operation 1 2 3 4 5 0
Responsiveness to telephone inquiries 1 2 3 4 5 0
Development review assistance 1 2 3 4 5. 0
Zoning enforcement 1 2 3 4 5 0
Building permit plan review 1 2 3 4 5 0
Building inspections & code enforeement 1 2. 3 4 5 0
Sign code enforcement 1 2 3 4 5 0 Restaurant inspection program 1 2 3 4 5 0
Art in Public Places program 1 2 3 4 5 0
Environmental planning programs 1 2 3 4, 5 0 .
Environmental code enforcement 1 2 3 4 5 0
Planning & Environmen[al Commission
review process 1 2 3 4 5 0
Design Review Board process 1 2 3 4 5 0
COMMENTS:
9. Ranlc the following priorities in order of their importance to you, with 1 being the project which is "most important"
and 5 being "the least important." All projects would be funded out of the Real Estate Transfer Tax fund. Due to
limited dollars, however, it. is important for the Town to know which of these projects aze most important to you.
1) Acquisition of open space to protect environmentally sensitive areas
2) Acquisition of open space for"future pazks and recreation facilities
~ 3) Pocket/neighborhood park development
4) Large paFk with community facilities designed to serve needs beyond the immediate neighborhood (i.e., Ford
Park, etc. )
5) Bike/pedestrian path development; expansion of stream walk east of Vail Village
10. Local government faces limited funds and must establish which goals aze most imponant in the community's yiew.
Thinlang about the significant issues facing the Town of Vail over the next few years, please review the following
` list and rate each item in terms of importance.
NOT VERY NO
IMPORTANT IMPORTANT OPINION
01) Preservadon of open space 1 2 3 4 5 0
02) Provision of affordable housing opportunities
within the Town of Vail limits 1 2 3 4 5 0
03) Provision of affordable housing opportuniaes
outside Town of Vail limits
(Berry Creek Sth Filing, for example) 1 2 3 4 5 0
04) Reguladons to conuol extent of new development
and the number of dwelling units . 1 2 3 4 5 0
. OS) Air quality protection . I 2 3 4 5 0
06) Water quality protection Y 2 3 4 5 0
07) Protection of stream flow year-round . •
in Gore Creek 1 2 3 4 5 0
08) Water capacity to serve future
population needs 1 2 3 4 S 0
09) Improved handicapped access -
to all public facilities 1 2 3 4 5 0
10) Solid/hazardous waste management 1 2 3 4 5 0
11) Preservation of view corridors 1 2 3 4 5 0
12) Maintain the unique alpine character
of the community 1 2 3 4 5 0
13) Enforcement of.zoning, sign, building,
and environmental regulations 1 2 3 4 5 0
11. What other issues do you believe are very important for the Comenuanaty IIDevelopaneaet BDepartment to address?
12. The first responsibility of the Town of Vail is to provide for the health, safety and welfare of its citizens; the Town,
whenever possible, is also interested in allocating discretionary funds with respect to quality of life issues.
NOT VERY NO
IMPORTANT IMPORTANT OPINION
1) Expansion of tourism opportunities/
facilities in summer/fall ] 2 3 4 5 0
2) Expansion of tourism opportunities/
facilities in winter I, 2 3 4 5 0
3) Expansion of varietylfrequency of special '
events for tourists and local residents 1 2 3 4 5 0
4) Expanded "regional" govetnmental au[hority to
address problems of the entire Vail Valley,
including areas down-valley, . 1 2 3 4 5 0
5) Provision of affordable daycare
within Town of Vail lunits 1 2 3 4 5 0
6) Construction of a performing arts center 1 2 3 4 5 0
13. What other community issues are very important for the Town of Waet to address?
14. Based on your experience or what you have heard, please evaluate the library in terms of the following:
DON'T
' POOR AVG. EXC, KNpW
Range of services provided 1 2 3 4 5 0
Size of facility 1 2 3 4 5 0
Access to library (i.e., bus system,
parking structure) 1 2 3 4 5 0
Hours of operation 1 2 3 4 5 0
COMMEIVTS:
15. How would you evaluate the police and fire protecdon services in the Town of Vail?
Fire ' POOR , AVG. EXC. DK
Fire protection and response time 1 2 3 4 5 0
Fire code enforcement ] 2 3 4 5 0 Emergency medical services 1 2 3 4 5 0
Police
Neighborhood police service 1 2 3 4 5 0
Business area police service 1 2 3 4 5 0 Traffic control (4-way stop traffic direction) 1 2 3 4 5 0
Traffic enforcement (speeding vehicles, pazldng violations) 1 2 3 4 5 0
Attitude and demeanor of Vail Police
employees with whom I have had contact 1 2 3 4 5 0
Overall performance of Vail Police Dept. 1 2 3 4 5 0
COMMENTS:
-16. How would you rate the overall performance of the following administrative/management functions of the Town
government? DON°T
POOR AVG. EXC. KNOW
General administration (manager's office, .
finance department, clerk's office,
personnel) 1 2 3 4. 5 0
Responsiveness to public input/concerns 1 2 3 4 5 0
Information dissemination (newsletters,
meetings, announcements) 1 2 3 4 5 0
Efficient use of tax revenues 1 2 3 4 5 0
Overall employee attitudes/friendliness 1 2 3 4 5 0
Munieipal court l 2 3 4 5 0
Hours of operation of finance/cashier window 1 2 3 4 5 0
Sales tax and business license services 1 2 3 4 5 0
COMMENTS:
17. Do you support the concept of Park & Ride facilities being constructed in the Eagle Vail/Avon area, and/or Eagle and
Edwards, with transit to the Town of Vail?
1) Yes, strongly support it
2) [ l Yes, moderately support it
3) [ ] No 18. If such facilities were constructed, who should be responsible for funding and aclministration?
1) [ ] Town of Vail
2) [ ] Eagle County
,
3) Separate regional transit authority funded through a special district
4) [ ] Other:
19. Do you believe a regional transit authority should be created to operate the "Eagle-Gore Valley" bus system as part
of a single coordinafed program, or do you support the current system of multiple local entities running their own
~ systems?
1) [ ] Prefer current system
2) Would prefer regional transit authority
COIVIMEIVTS:
20. Do you utilize the AvonBeaver Creek transit system serving that azea and Leadville?
1) [ ] Yes
2) [ j No (GO TO Q. 22)
21. (IF YES) Please rate that system in terms of the following.
POOR AVG. EXC. DK
Frequency .1 2 3 4 5 0
Cleanliness 1 2 3 4 5 0 •
Cost 1 2 3 4 5 0
Driver courtesy 1 2 3 4 5 0
22. How would you rate the importance of each of the following possible transit, circulation and parking improvements?
NOT VERY DON'T
IMPORTANT IMPORTAAfT KNOW
1) Construct a new parking structure at the site ,
of the West day lot (west of Radisson) 1 2 3 4 5 p
2) Construct a new parking structure at Ford Park 1 2 3 4 5 p
3) Provide capacity improvements at
I-70 interchanges 1 2 3 4 5 0
' 4) Construct new vehicular underpass connecting
frontage roads at Simba Run area l 2 3 4 5 0
5) Develop a car pool program with incentives
to participate 1 2 3 4 5 0
6) Expand routes and coverage of local transit system
within Town boundaries I 2 3 4 5 0
7) Expand transit system linking Town of Vail with
areas outside Town limits 1 2 3 4 5 0
8) Establish a Regional Transit Authority 1 2 3 4 5 0..
9) Improve loading, delivery &c trash removal
facilities in the viilage core 1 2 3 4 5 0
23• Which of the above do you feel is MOST important?
24. Should a Town of Vail cemetery be constructed for $660,000 in Donovan Park (adjacent to the Matterhorn area), with
future development and maintenance costs funded through the sale of plots?
1) [ ] Yes
2) No (GO TO Q. 26)
25. (IF YES) How should construction of the cemetery be funded?
1) Out of existing Town of Vail revenues
2) A one-time mill levy of 1.87 mills (the estimated cost for a home with a market vaiue of $100,000 would be
$24.00)
3) [ ) Other:
Please provide the following derreograp6aic enjorrraatiova. Fcel free to deave blandc any questions you are not comJortable
answerirag. flgain, surveys evild rerraaira nraonymous. Pleease do noe wrfte your narne or address on this survey.
0
26. Where.is your residence within the town of Vail located?
01) [ ] East Vail 02) Booth Falls and Bald RRountain Road ueas 03) [ ] Golf Course
04) ( ] Vail Village
OS) [ ]Lionshead 06) [ ] Potato Patch, Sandstone
07) Buffehr Creek, Lions Ridge, the Valley
0$) [ l West Vail (north of I-70)
09) [ ] Matterhom, Glen Lyon 10) [ ] Intermountain
11) IVot a resident of the town of Vail •
27. Which of the following categories best describes your residency status?
1) [ ] Year-around Vail resident
2) [ ] Seasonal Vail resident
3) Owner of vacation properry in Vail
4) Non-resident, owner of business or commercial pioperry in Vail
5) [ ] Other:
28. Do you own or operate a business within the Town of Vail? '
1) [ ] Yes
2) [ ] No
29: , How long have you lived at your current address (or owned your property, if a non-resident)?
1.) Less than 1 yeu
2) [ ] 1-5 years
3) [ ] 6-15 years
4) More than 15 years
30. How long have you lived within the town of Vail (or owned property if a non-resident)?
1) Less than 1 yeaz
2) ( ) 1-5 years 3) [ ] 6-15 years
4) More than 15 years
31. Do you own or rent your propeny? ,
1) [ ) Own
2). [ ] Rent
3) [ ] Other (specify)
32. Which of these categories best describes your marita] status?
1) [ l Single 4) Couple, no children
2) Single with children 5) Couple with children at home
3) Single, children no longer at home 6) Couple, children no longer at home .
33. (IF YOU HAVE CFY'iI,DREA1) How many are in the following age groups?
1) 0-5 years '
a 2) 6-12 years
3) 13-18 years
34. Including yourself, how many persons reside in your household?
35. How many cars are owned and kept at your home or place of business in Vail?
36. Vdhat is your primary method of transportation in the Vail area?
1) Private car/vehicle 5) [ j Hitchhike
2) Outlying bus service 6~ Walk
3} In-town shuttle 7) Carpool
4) [ ] Bicycle 8) [ ) Other: 37. Your gender I) [ I Male
2) [ ] Female -
38. Your race
1) [ j African American
2) [ ) Native American
3) [ ] Caucasian
4) [ ] Hispanic -
5) [ ] Oriental
39. Which of these categories best describes your age?
01) 15-17 06) 35-39 11) 60-64 .
02) 18-19 07) [ j 40-44 12). [ J 65-69
03) 20-24 08) [ j 45-49 13) 70 or over
04) [ J 25-29 09) 50-54 14) Do not wish to reply
OS) [ j 30-34 10) 55-59
40. Which of these categories best describes the annual
income of your household (before taxes)?
- 01) [ ] $0-6,999 08) [ ] $50,000-74,999 '
02) [ ] $7,000-9,999 09) [ ) $75,000-99,999
03) [ ] $10,000-14,999 10) [ ] $100,000-124,999
04) [ ] $15,000-19,999 11) [ ] $125,000-149,999
05) [ ] $20,000-24,999 12) [ ] $150,000-199,999
06) [ ] $25,000-34,999 13) [ ] $200,000-249,999
07) [ ] $35,000-49,999 14) [ ] $250,000 +
15) Do not wish to reply
41. What is your occupation?
I'lease complete any of the irasert pages which apply to you. 7'hank you for your participation in our research program.
7he following questronspertaara Bo specsfic Town of Viaa1 servaces whach you nray hhave utilizeddurang thepastyear. Please
resporad do ques8aons Pegasding tDaose wDtac9a you persoraally Dtave assed in the das8,ytar, SAcip over those wath which you
° do iaod Daavt persorsad euperierace ad t0ais time.
]LEBRARY
i. Do you use the public library in the Town of Vail?
1) [ 1 Yes
2) [ j. R1o (GO TO NEXT SECTIOW--POLICE DEPARTMEAI'1)
2. Do you personally hold a library card in the Town of Vail?
1) [ ] Yes
2) [ ) No
3.:. In a typical month, how frequently do you visit the library? . •
1) [ ] Less than once
2) Once in a month
3) Two to four visits
4) j Five to nine visits
5) [ ] 10 or more -
4. On a rypical trip to the library, how long do you stay?
1) Less than 15 minutes .
2) 15 to 30 minutes
3) 30 minutes to 2 hours • 4) More than 2 houts
5. How do you typically get to the library?
1) ] Car . 2) ( ) Bns
3) [ ] Bike
4) [ l Wa1k
6. For what purpose(s) do you rypicaity come to the library? (CHECIC ALL THAT APPLI)
1) [ j Read magazines, listen to cassettes, or use other library materials/equipment in the facility
2) Do research for personal, business or school projects 3) Check out books or other materials for use at home
4) Work, study, write letters, etc. in a quiet library setting
• 5) Use computer equipment available at library
6) [ J. Attend children's functions/events
. 7) Attend seminars or meetings scheduled at the library or in meeting rooms across the hall
8) [ ] Other:
7. Would you like to see increased hours of operation at the library?
1) [ ] Yes (what days/hours?)
2) [ l N0
8. What suggestions or comments do you have about improvements for the library (services, facilities, programs, staffl?
9. From the list below, please ansever the following.
A. Check the box if you have used the service in the last year.
; B. For those you have used, please rate the overall quality of ehe service on a scale of 1 to 5 where 1 means
aPoor° and 5 means "Excellent. °
C. Choose five of the services which you would like to see expanded or improved.
A. B. c.
PROGFYEQM CHECK IF IF USED, EXP,4AiD/
USEbIN PLEASE IMPROVE
PAST RATE (1-5) (CHECK
YEF?R UP TO 5)
INFORMA7'd0N SERVICES
Business Information (for example, ARorningstar Mutual Funds)
Reference N[ateraals on CD-Rom .
Consumer Information •
Personal Computers for the Public
Public Access Catalog
Online Database (RRarmot, Uncover, CARL, ERIC, etc.)
Consumer Information
Ready Reference/Research Telephone Service
CHILDRE1V'S AND I'O(1TH SERQ'pCES
Story Times and Summer Iteading Program
Children's Materials--Books, Videos, etc.
Electronic Children's Books
Information for School Assignments
ADULT RECREAT'IONAL SERVICES
Books, Videos, CDs, Checkout
Adult programs--Adventure Speakers Series, Author Appearances
Magazines and IVewspapers
Books on Tape, Other Audiotapes
Tape Decks, CD Players, VCRs (in-house)
Other (please identify):
GEIVERAL SERVICES
Copy Machine
. FAX Machine, Modems, AV Equipment Checkout, Income Tax Forms,
Typewriters (circle relevant items) •
Quiet Reading Space
]Vleeting Room
Community Display Space
Book Drops at Additional Sites
Inierlibrary Loan
Other (Please identify):
POI[,gC]E IID~PAR'IIM[ER17['
• 10. Have you had any direct contact with the Vail Police Department in the past year?
1) [ ] Yes
2) 1Vo (GO TO IVEXT SECTIOIV--COMARUIVICATIOAIS)
11. (IF YES) What was the nature of your most recent contact?
1) I called to report an accident not involving me
2) I was involved in a motor vehicle accident
3) I was the victim of a crime
4) I was a wimess to a crime or incident
5) I requested information from the police department
6) I was interested in crime prevention seminars
7) [ l I was arrested 8) ( j I was issued a citation 9) I was involved with the police department in another matter (specify): '
12. In that most recent contact with the Vail Police Department, with which section(s) did you PRIMARILY.interact?
(CHECK ALL THAT APPLY)
1) , [ ] Dispatch
2) [ ] Records/Clerical
3) [ ] Patrol
4) [ ] Detectives
5) [ ] Code enforcement/safety
6) [ ] Crime prevention
. 7) ( ] Administration
13. Based on your most recent contacf with the Vail PoIice Department, please rate how the department employee
performed in the following areas.
POOR AVG. EXCELLENT n/a
Concern 1 2 3 4 5 0
Helpfulness 1 2 3 4 5 0
Knowledge 1 2 3 4 5 0
Fairness 1 2 3 4 5 0
Problem solving 1 2 3 4 5 0
Putting you at ease 1 2 3 4 5 0
Professionalism 1 2 3 4 5 0
Response time 1 2 3 4 5 0
Quality of service 1 2 3 4 5 0
14. What suggestions do you.have as to how the Vail Police Department can improve the quality of its service and
operations? `
CONI1lRMCA'g'IIONS/IR1g'ORR4[A'II'IIORI
' 15. Did you phone or visit the Town of Vail offices during the past year to request information, offer an opinion, make
a complaint, etc?
1) [ ] Yes
2) [ ] No (END SURVEY HERE)
16. (IF YES) Which department(s) did you contact?
01) [ ] Town Manager
02) [ Town Clerk
03) [ ] Finance
04) [ ] Community Development
OS) [ ] Public VVorks
06) [ ] Transportation
07) [ J Police ' 08) ( ] Municipal Court
• 09) [ ] Town Attorney
10) [ ] Fire 11) [ ] Community relations 12) [ ] Mayor's office
13) [ ) Town Council
14) [ ] Library
17. Were you satisfied with the manner in which your contact was handled?
1) . [ ] Yes
2) [ ] No (please ezplain)
18. Did you request a follow-up action by the Town or department in relation to your inquiry?
1) [ ] Yes
2) [ ] No (END SURVEY HERE)
19. (IF YES) Was that action completed to your satisfaction?
1) [ ] Yes
2) [ ) No (please explain)
l
e
P.O. Box 249 / 750 Eagle Road Minturn, Colorado 81645 (303) 949-4490
~
Dr. Erik S. Fredell - Principal Mr. Gerald Schmidt
Ms. Ronda S. VVoodall - Assistant Principal ftNs. Judy Caligiuri
Mr. Robert Isbell - Athletic Director Guidance Counselor
d~f
v~ TD: Vail Town Council Members D~AY 2
vail Town Manager ,199~
Vail Transportation/Parking Manager
FROM: Battle Mountain High School Staff
DATE: May 26, 1994
RE: Parking Charges at Ford Park Lot
~
We, the undersigned staff inembers of Battle Mountain High School, request
that you reconsider your decision to charge $2.00 for parking at the Ford Park
dirt lot on June 4, 1994, the date of our graduation ceremony. While we
completely agree that parking along the Frontage Road in that area is both
dangerous and undesirable, we do not believe that your decision to charge for
parking is in the best interest of our community, given that those attending
are local graduates, parents arid relatives, and school district employees.
We suggest that a better approach would be to allow free parking at the Ford
Park lot on a first come, first served basis, with latecomers being directed to
the Parking Structure by appropriate signs. Those choosing to park along the
Frontage Road could be ticketed.
Thank you for your serious consideration of this request.
/10
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SB-216
The F CTS
Vail Associates Real Estate Group
Beaver Creelc' Resort
P.O. $ox 959
Avon, Colorado 81620
303/845-5930
FAx 303/845-5945
TO: Town of Vail Council Members
FROMa Ed O'Brien, Vice President
Vail Associates Real Estate Group, Inc.
DATEs June 2, 1994
RE: Senate Bill 216 - THE FACTS
At the suggestion of Mayor Peggy Osterfcass and Council
Member Tom Steinberg, with whom 2 met Thursday morning, Jtane
2, I am pleased to attach a briefing book describiag.Vail
Associates, Inc.'s sponsorship, the reasons, and backgrousad
therefor of Senate Bill 216.
I will make an oral presentation to you at your meeting on
Tuesday, June 7, and look forward to a two-way dialogue.ancl
complete response to any questions and concerns you may have
regarding this very important piece of legislation,e
It is the hope of Vail Associates, Inc. that once you have
read the material in the book, and have had an opportunity
discuss the issues, that you, as a council body, will vote
to endorse this legislation, or at least withdraw your re-
quest to Governor Romer to veto it.
Thank you for your consi.d,eration, and I look forward to
meeting each of you in person on Tuesday, June 70
A&L
Developers of Vail, Arrowhead and Beaver CreeV Resort
° Notification to VAI of CCIOA°s
problems affecting Bachelor
Gulch
~
O°Brien memo to Andy Daly and
request to involve CSCUSA
MacCutcheon memo to Diane
Reimer gequesting help from
Colorado Homebuilders
~
SB-216 testimony and informa-
tion memo given to Colorado
Legislators
MacCutcheon notification to
Eagle County Commissioners
about SB-216 and request for
assistance w/Colorado Legislato
Eagle County letter to Repa
Taylor and Repe Taylor:°s
response
VAI letters to Governor Romer
Z7
Eagle County Commissioners° _
letter to Governor Romer -
~
Andy Daly°s letter to Bud Gates
~ Flap and explanation over
reference to Pss e Pat Ratliff
~
~ OneStep'
~
~
~
~tl~l~i~.l
01/28/84 13:16 V303 866 0200 HRO DENVER N7077 lp OOZ
~ ,
NMOAMUM
TOe Rgrk FdaCctitcY1eoY1 c1&1d Ed OaBr7.e81
FRO~'d8 Q°a c ~evSE'A CO$3viCk
DA'I'E: JetSevaayy 240 1994
REo Vail Aseociates, Ince/Bachelor Gulch Project
CCIOA Pqatteg~
our detailed revgew of tYae Colorado Comaaon %n+cerest
owners,Yxip Act (OCCIOA") indicates that a-t gs uralakely that
furadiaxg me-chaxagsms such as real estate transger assessmexats
(xRETAm) and assessm.ents an the sales af zaerclaandise tiaithin
the Itesort (I'Civi.r- Assessme-nts°) are pemitted under CCIOA a '
Ttais statute (wha.ch becaxae 0-ffective Jugy 1 o 1992) reauireA
$hat eacla saleable paxceb of rea3 estate raitlaira the
~ subdivision be ase-igned bva fractien or percexatage of the
0 pCommon EacpensesO
o.o
Carmaon ExPexeses og the association ....0
are defined as virtually all ].i.abilities fvr expenditures of a
hoffieowaaersp asso6batian wlaacla has assessment powers against
real estate wit&ai.an the Resorto Abthatxqh CCIOA cvntains some
acidif:ionab pgoegsioazs which coaa].c1 be nased to justif}t fuaadixag
mechanisms sanch as RETA ancl Civbc Assessmentsg Yhose
provisians age specifgcall.y mac1e subject to the mandatory
prOiY15i0%iS gequ3.gg%1g °peCg$1~ fraCtb0815 6g' perCe3ltage8 aS
AYSt1.lY3ed ak]ogYe.
01/28/84 13:16 -a303 866 0200 HRO DENYER N7077 141003
~ ~e discuss~ our cancgusioras with RKofe3sor
ot ttae urraiversity Sr.hool of Lawe ProfSssor
is ane ~f the prinCipal draft5megn of CC:EOA and ae3rees
cagth onar antes°pretat3on of CCIOP, as sgt forta abOVe.
Pxofessor also agreed with tBae aaathor og this
meffivrandtaaa (a) thag CCI9A daes nat take g8ato accaunt garopergy
the neecls of majosz resort developments, and (b) that CCIOA
should lbe amendecl to allow garad develapments aatblizing modegn
concepts siac.,rg as was d.one aai Beaver creeke Professor
recoaamends that effogts to amend the statute be started right
away so tkaat a~~ ~~tempt can be made to amesnd CCIOA wata3n the
ctagrent legasaatave seasoaso He 3"s wil].igac3 to woz;k wbth us gra
these ef f orts o
~2-
GKCKMs
NEMoRANDUM
ItE a THE CO%ORADO COMA40N INTEREST OWNERSH%P ACT
The Colorado Common Interest Ownership Act ("CCIOP,N)
as it presently exists would not allow developers of complex
multi-purpose projects to adopt many of the features
successfully incorporated in several of Colorado's most
popular resortse Examples of successful resort areas which
were developed using Iand use covenants which would not be
allowed under CCIOA include the Beaver Creek'ski area, the
Telluride ski area and Purgatory ski area. One of the
principal draftspersons of CCIOA has told me that CCIOA's
effect on major projects was unintentional and should be
~ addressed bY the legislaturee
This memorandum is intended to identify some of the
limitations imposed by CCIOA which will almost undoubtedly
hamper the future development of similar projectso The
matters identified below are thought by the author of this
memorandum to be of major concerno There are many other parts
of CCIOP, not mentioned in this memorandum which could pose
significant problems for major developmentse For convenience,
this memo will use the land use covenants in effect for the
Beaver Creek Resort as the basis for identifying the
provisions of CCIOP, most likely to limit fu'cure projects.
~ go ReRresentatfon og Distinct ownership Grau2s
on the Governiag Board of Directorso
The land use documents creating the Beaver Creek
Resort Company (the homeowners' association which controls
most activities at Beaver Creek) allows the owners of distinct
types of property to be assured of representation on the
Resort Company's Board of Directorse The groups guaranteed
board representation at Beaver Creek included (a) owners of
residential units, (b) owners of commercial units (such as
retail shops and restaurants), (c) owners of hotels and other
lodging facilities, and (d) owners of undevelvped lots>
While § 38-33.3-207 of CCIOA allows land use
declarations to provide nfor class voting on specified issues
~ affecting the class if necessary to protect valid interests of
the class,ff this provision does not appear to go far enough to
allow class voting for the election of directorsol At the
least, the provision is ambiguous on this point and would
probably be litigated with potentially unfortunate results
for the homeowners' association, whose actions might be
invalidated if directors are ultimately disqualigiedee
2. Authority te Utilize Non=Tradatgonal Fuading sourceso
Beaver Creek Resort Company was intended to be more
lo It is debatable whether the election of directors is an
"issueO as used in CCIOA, or whether a ciass vote for
directors is "necessary to protect e°o the classop
-2-
~ like atown government and chamber og commerce than a typical
homeownegs° associationo In that connection, the Resort
Company was required to provide, among other things, security
services, an extensive transportation system, a central
reservations service and to advertise and promote the Resorte
In order to accomplish its various functions, the Resort
Company needed a variety of funding sources, and it elected to
use funding mechanisms similar to those used by incorporated
mountain communitiese Thus the Resort Company was given
authority to impose an assessment on retail sales (similar to
a governmental sales tax), to assess transfers of real estate
(similar to the real estate transfer taxes which are
~ increasingly popular in mountain communities), and to impose
an assessment on lift tickets, ski lessons and other
recreational activities in order to make sure that the owner
of the Beaver Creek ski area was contributing equitably to the
Resort Companye These sources of funds have been very
. important to the success of Beaver Creeka
It would appear that none of these non-traditional
sources of funds would be available under CCIOA. CCIOA seems
to contemplate only the traditional type of assessment imposed
by homeowners' associationse Section 3-3303-207 requires a
fraction or percentage of common expenses of the association
be allocated to each unit, the sum of which must equal 100%.
While a clever draftsman might try to draft a provision
-3-
allowing non-traditional funding sources such as those
presently used in Beaver Creek, such an attempt would almost
certainly be challenged in court and would run a high risk of
being held invalido Consequently, new homeowners'
associations cannot rely on those funding mechanisms to
provide funds that may be needed to successfully perform its
functions in the community which it serves.
The need to utilize a variety of funding sources is
probably only applicable to homeowners' associations servicing
major mixed use land development projects which will provide a
broad range of services to its constituents. It may be
unnecessary (and perhaps unwise) to allow typical residential-
only projects to use these broader revenue-producing
techniquesa
3. Identificatfoa of Future Developmeat Rgcthtso
Perhaps the most troubling aspect of CCIOA to a
developer of a major project, is a series of provisions
requiring the developer to lay out in advance, and in some
detail, its entire development scheme. Major projects such as
Beaver Creek were built over several decadese Beaver Creek -
was first platted in 1978 and it is still undergoing
development< As times and tastes change, these projects must
change with themo Flexibility is one of the developer°s most
-4-
~ holy mantras. It is not clear whether appropriate flexibility
for major projects can be obtained under CCIOA.,
For instance, § 38-33e3-209 requires each plat to
showo among other thingso
(a) name and a general schematic plan og the
entire2 common interest community;
(b) the location and dimensions of all real
estate not subiect to development ricthts, or
subiect onlv to development riQht to
withdraw eve;
(c) a lectally sufficient description of anv real
estate sublect to development riQht,
labelled to identifv the ricthts applicable
~ to each parcel;
(j) -the ap,proximate location and dimensions of
limited common elementsa3
2. This is not a defined term. It implies that a plan is
required covering more than the initial phase of a multi-
phase projecte Can this plan be changed? How? By whom?
3. pLimited coaunon elementso are defined to mean all common
elements designated for the exclusive use of one or more
(but less than all) unitse pCommon elementso are ciefined
to be any real estate owned or leased by the association,
other than a unite Thus common elements anci limited
common elements as defined in CCIOA are greatly different
grom common elements and limited common elements in
condominium projectsa This is very likely to lead to
confusiono One might wonder why a unit (which may be a
lot or a condominium unit) which is owned by the
association is not a common elementa Is an easement held
by an association a common element?
-5-
In addition, to the extent not shown or projected on the
plats, maps of the units must show or projectt
(c) an units in which the declarant has
reserved the riqht to create additional
units or common elements identified
appropriatelv,`
Attempting to comply with these mandates in a project
covering, say, 1,000 acres, and which may be built out over a
20 or 30-year period is awesomeo Even using the most
conservative approach of trying to reserve the broadest
development rights over all areas for which specific plans
have not been finalized has its hazards because of the very
real threat that homeowners may challenge (a) the adequacy of
~ the descriPtion of the development right, (b) whether the real
estate subject to the development rights had ga legally
sufficient description,9 or (c) whether the real estate was
properly Nlabelledn or gidentified appropriatelye'° -
In addition to the provisions og § 38-3303-209, § 38-
3303-205 requires every declaration to contain, among other
thingso -
(f) a description of any limited common
elements, e°o and, in a nlanned comm unitv,
4. CCIOA fails to explain what identification will be deemed
appropriatea P,nyone for litigation? P,lso, isn't the
statute inadvertently using the term '°common elemen'c'° in
its condominium sense?
-6-
~ anv real estate that is or must become ,
common elements;5
(g) a description of any real estate, except
real estate subject to development rights,
that mav be allocated subsectuentlv as
limited common elementsb ovoe;
(h) a description of anv development rights and
other special declarant rights reserved bv
the declarant toQether with a leqallv
sufficient description of the real estate
to which each of those rights applies and a
time limit within which each of those
rights must be exercised e°e;
~ (1) anv restrictions on the use occupancy and
alienation of the units' oee;
(m) the recording data for recorded easements
,e, to voe any portion of the common
5e This would seem to require an up-to-date title check to
see what real property has become a common element through
ownership or lease by the associatione It is hard to
imagine any real estate that nmust becomen a common
elemente
6e It would seem that all real estate might eventually be
pallocatedp as a limited common elementa If a declarant
fails to describe such real estate, can it never ever
become a limited common element?
7. Can these restrictions later be changed? Eliminated?
Could a ban on woodburning fireplaces be imposed lateg bf
air pollution becomes a problem?
-7-
~ interest community is or may become subject
by virtue of a reservation in the
declarationo (sic)
Once again the developer of a complex project is
challenged to look far into the future and to make
current commitments with respect to the final outcome of
his projecto Any failure to accurately predict the most
desirable buildout of his project will likely condemn the
developer (a) to his original conception or (b) to years
of protracted expensive litigatione
4o Exercise og Development Rightse
Under CCIOA § 38-3303-210, each time a declarant
~ wishes to exercise any development rights, the declarant must
execute and record an amendment to the declaration complying
with the provisions of § 33-33<3-209o In a complex
development, this will require hundreds or perhaps
thousands of amendmentse The most common amendment will
occur when the declarant (or more likely, a developer to whom
a declarant has sold a unit for purposes of building a multi-
unit stnacture) has completed a new structureo
In order for the declarant (or assignee) to amend the
declaration in compliance with § 38-3303-209, the amendment
must include a new (a) schematic plan of the Oentire common
interest communityro; (b) description of the location and
-8-
~ dimension og all real estate not subject to development right
,oa and the location and dimension og all existing
improvements within that real estate; and (c) so forth through
the eight subsections and 14 sub-subsections of that § 38-
3303-209a Since this amendment would need to be accurate as
of the date it is filed, the applicant would have to
incorporate all the required data of all projects completed in
the planned community prior to the date of that amendment
even though those projects may have been (and probably were)
undertaken by others and may not be readily availablee
This provision may make sense in the case of the
single condominium project which is typically carried out by
one declarant using a very thoroughly conceived plan intended
~ to be completed in a year or twoe As applied to a complex
resort, this provision would appear to be, at the least,
burdensome and, at the most, unworkableo
5o Subdivision og Unitso
CCIOA § 38-33e3-213 allows the subdivision of units
under certain circumstancesa In this connection, it should be
noted that in most cases the exercise og any development right
is likely to result in a subdivision of units. Thus these two
sections should be read in unisone
In order to subdivide a unit under the cited section,
the unit owner must file an application to the homeowners'
~
-9-
~ association, which apparently can refuse to approve the
subdivisione This gives an enormous amount of control to the
homeowners' association and is likely to be the source of
major controversy and litigation in a complex development
projecte
Even during the period the declarant maintains
control of the homeowners' associationo this provision can
cause substantial mischiefe For instance, the developer of a
completed condominium project which has not sold out may have
very good economic reasons to oppose the development of other
projects which will compete with hise Moreover, owners of
property near new projects often disagree with the exact
location, height or appearance of neighboring projects, and
~ oppose themo Hence, the homeowners, association may be under
enormous pressure when considering whether or not to approve
subdivisions, and the directors appointed by declarant are
likely to be threatened with personal liability due to the
OfiduciaryO nature of their responsibilities as set forth in
CCIOA § 38-33e3-303(a)e
S. Miscellaaeouso -
(a) CCIOA § 38-33e3-215 allows the declarant Oto
maintain sales offices manaqement offices and models in a
common interest communitv but only if the declaration so
,provides and specifies the riqhts of a declarant with reaard
~
-10-
~ to the nuffiber, size location and relocation thereofe"
(Emphasis addedo) The section goes on to state that any real
estate used as a sales office, management office or model and
not designated as a unit by the declaration is a common
elemento
This provision would be extremely difficult to
comply with in a large project which will be developed over
timeo8 How can a developer tell what size or location a
sales office or management office must be some ten years
hence, much less where it should be located. Moreover, the
provision converting real estate which may for a moment or two
have been used as a rosales office" or pmanagement office"
(both ambiguous terms) into common elements would be punitive
and disruptive to develoPment of a resorte
~
(b) CCIOA § 38-33e3-301 does not allow anyone who
does not own a unit in the community to be a member. This is
not necessarily a good thinge At Beaver Creek, the owner of
the Beaver Creek ski area was required to be a member of the
Beaver Creek Resort Company although it owned no property
within the Resorto The purpose for requiring such membership
was so that the Resort Company could impose assessments on the
8e A cautious declarant might include in the declaration the
right to maintain an unlimited number of sales offices,
management offices and models of any size anywhere in the
planned community, and to relocate them at any time to any
other locationo However, such general statements may run
~ afoul og § 33-3303-112 or 33°3303-1130
-11-
owner of the ski area to help defray the costs of advertising
the Resorte
(c) CCIOA § 38-3303-303(5) requires the declarant's
control of the homeowners' association to expire '°no later
than either 60 days after conveyance of 75 percent of the
units that may be created eee, two years after the last
conveyance of a Lnit by the declarant in the ordinary course
of business, or two years after any right to add new units was
last exercisede The author of this memorandum has no quarrel
with the first two provisions which require a change in
control; however, requiring declarant control to terminate if
for two years the right to add new units is not exercised is
~ very dangerouse During a good real estate market, it is
entirely conceivable that more than two years' inventory of
units would be createdo Thus two years could easily lapse
without new units being created, thus triggering a loss of
control well before final buildouta No logical reason is
apparent for declarant to lose control simply because of a
market downturne In fact, during a market downturn it may be
more important than ever for the developer to maintain control
so that the development theme is not abandoned in favor of
short-term interests during the economic downturne
(d) CCIOA § 38-3303-303(8) provides that a member of
the executive board (other than a member appointed by the
declarant) can be removed by the two-thirds vote of all
~
-12-
~ persons entitled to vote at any meeting of the unit owners in
which a quorum is presento Ig, as is often desirable,
designated classes og owners are allowed to elect their own
representatives, it would seem unfair to allow removal of,
say, a director representing commercial interests based upon a
vote made up primarily of persons owning residential unitsa
G. Kevin Conwick
Febguary 9D 1994
~
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cxcM/soi
r
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~ e .
BeaverCreek° Resart
P.O. Box 959
Avon,Colorado 81620
303/845-5800 MEMORANDUM
303/845•5806
FAX 303/845-6677
TO: Andy Daly
FROM: Ed 0'Brien
Kevin Conwick
DATE: February 10, 1994
RE: Bachelor Gulch Development/Colorado
Common Interest Ownership Act
~ In preparing the land use planning for the Bachelor Gulch development, we have
determined that a relatively-new Colorado Land Use Act, the Colorado Common Interest
Ownership Act ("CCIOA"), contai.ns provisions which may prevent us from utilizing
many of the features which were successfully incorporated into the Beaver Creek land use
documents (and which have been adopted by many resorts throughout the State of
Colorado). Consequently, we would recommend obtainin' curative legislation to allow
major, complex projects such as Bachelor Gulch to develop along the lines of Beaver
Creek.
The principal problem areas we see with CCIOA are:
1. Initial Representation of 1)istrict Ownership Groups -
on the Communitv Association's Board of Darectors.
We will probably want distinct groups of properry owners (hotel operators,
merchants, single-family residence owners, condominium owners and maybe raw land
owners as well as the Master Developer through substantial sell-out) to be assured of
distinct group representation on the Bachelor Gulch Community Association's board of
directors. This promotes democracy within the resort development and gives a broader-
based point of view than might otherwise be obta.ined. The CCIOA statute as it presently
~ exists does not appear to allow such representation.
Vail Associates. Ine.-Creators and Operators of Vail and Beaver Creek° Resorts
~ •
2. Ufllization of on-T'raditional Fu n in urces.
In order to provide a variety of services to homeowners, we would like the
Bachelor GuIch Community A.ssociation to have authority to use non-traditional fundi.ng
sources such as were used by Beaver Creek Resort Company (`BCRC'D. These i.nclude
an assessment on retail sales si.milar to BCRC's civic assessment, and an assessment on
transfer of real estate similar to BCRC's real estate transfer assessment. These financing
sources are not allowed under CCIOA.
3. Identification of Fu4ure DeveIop ment io ta,
Perhaps the most limiti.ng (and da,ngerous) provisions of CCIOA are a series of
provisions requiri.no the Master Developer to lay out in advance, and apparently in
considerable detail, its entire development scheme. In a project such as Bachelor Gulch,
which wiIl be built out over a period of at least 15 years, it is enormously difficult to
predict the man.ner i.n which the resort will, or should, develop. The provisions of
~ CCIOA seem designed for individual condominium complexes and other projecrs which
are Iikely to be completed withi.n a short period of time and can be conceived in its
entirety at the outset.
We understand that other ski areas, such as Keystone, have also expressed -
concerns about the effect of CCIOA on their fulure development Moreover, we have
leamed that the national association which sponsored the un.irorm act which Ied to
CCIOA is considering amendments which would exempt major resort developments such
as Bachelor Gulch. Consequently, we think it is most appropriate to approach the
legisiature to seek legislative relief.
~
,
~
~
~ MEMORANDUM
3~ ~ ~~06
TO: Diane Reimer
Colorado Association of Home Builders
Via Fax 733-1206
FRpNL Rick MacCutchelm
Va
il Associates, DATE: 2 March 1994
RE: Colorado Common Interest Ownership Act
Enclosed are two -memorandums regarding the Colorado Common Interest Ownership Act and the proposed
amendment. The memorandums explain why Vail Associates, Inc. is interested in having legislation acted
upon in this session which will exempt master planned communities from the provisions of CCIOA.
~ In Summary:
o CCIOA prohibits representacion on the Board of Directors by distinct classes.
o CCIOA prohibits non-traditional revenue sources.
o CCIOA requires too stringeat of identification of future devetopment rights which
inhibits long term land development flexibility.
The Home Builders Association may be just as concerned and willing to assist with lobbying because:
! o CCIOA limits the availability of the master ptanned community lands for
development. _
~ o CCIOA prohibits opportunities for better govemance and better rypes of
communities.
i
, o More opportunities for developmenc will occur if CCIOA is amended to not apply
: to planned unit communities.
A "
Please do not hesitate to contact me at 926-3029 should you have any questions or need any further assistance.
Vail Associates, Inc. and its legal counsel would be pleased co meet wich you at your earliest convenience.
~ .
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4
04/15/94 10:29 V866 0200 HRO DENVER N7076 Z002
. ~
CCgOA TESTIMoNY
24 o°arien
% o %PT~BD CT 1ORq
Good anorning my raame is ' n and am Cxre~e~
°Of Real Estate for Vail Associatesa
One o£ any princip3l responsibilitaes is to ovegsee
the devegApment gg the new resort comanunity we are creating
between Beaver Creek and Arrowhead P2ountaine It is cal],ed
Bachelor Gulcha
Yt is a very exciting project it°s a very big
project [gegeg to lagge ffiap]e
Bachelor Gulch will be built on about acres.
Tt is currently zoneci for about resiciential units aaad
square Feet of commercial spacee It will have a
much more residentia1 orientataan than Deaveg Creek and we
wang it to have at least the saane, ancl hopefully a better,
cgua ligy -
~ The first phase will be located at about this point
[regeg to ffiap] and will have about residential unitso
We rnrant to start sales on this hase this fall e We
are on a tight tametable and we at VA age wogking at gull
throttIe on this pgojecga
The later phases of the resogt wb11 be built out over
time. It°s hard to pgedict how long beCause fihat depends on
local, nataonal and even interraational market conditionse We
estimate tYaat it will take at least ~ years to reach build
ougo During that time the pgoject wall be constantly gevised
as publac tastes change and as weo as master developers, get
betteg 3nforination and better icieas o
This project will prAVide work gor alot of people
fog a lot of yearso It will alsa help ]ceep the ski industgy
more accurately, the tougisg indtastry healthy aaaci will
pgovide a majoac source of gevenue ga Golorado d- virtually in
perpetuityo
Al1 0f the Pesogt ageas need proj ects of ghi.s kirbd e
Some, 1ike us, will build thean themselwese Others will be
lucky enough to have baaciependent. developers create sbmilag
comanunitbes neag theig resortsa
~
04/15/94 10:30 °8°866 0200 HRO DENVER N7076 2003 _
~
g%o TY~ ~O C~%6~
BUT we need youg helpo
When we began serious planning of thas caanmunity a
few months ago we, Og courseo hired professionals go help us
create the cemplex land use docwnents under which these
gesorts are managed, and hopefully thrbvea
Because we haee been happy with our Beaver Creek
project (which is where Y live), we wanted to use Beaver creek
as a model for Bachelor Gulcho Accordinqly, we hired the g,ays
that put togegher the land use plan for Beaver Creek to help
us at Bachelor Gulche
Tv our surprise, we were told that we couldn't use a
numbeg of the techniques that have helped make Beaber Creek
• successgul beeause they are not allowed under the CCYOA law
which became egfective in 1992a Let me mention the most
important limitations we are faced witho
le Figst, at Beaver creek we created a homeowaiers'
associatbon with gepresentation from every seetor of that
~ community, The homeow$aers' association has a director elected
by the residengial ownegs, a dbrector elected by the lodge
ownegs, and a director elected by the otaners of commercial
businesses operating at the Rgsort. This creates d very
democratac and very bread=based board of direetorsa We want
to do a similar thirag at Bachelor Gulche tlnfogtunately, we
can°t under CCIOAe
a- Secomd, at Beaveg Creek we have imposed a broad
base og assessments to generate the funds necessary to supporg
the c°mmun1tY's anany .Euractionse This iflcludes assessments on
retail sales (similar to sales taxes), aSsessments based ora
psoperty values (similar t0 1c-eal property taxes) arad
assessments on real estate traaasfers, 6de want to use this
foganat at BacheloP Gulcho Unfortunately, under ccIOA we -
can°te •
3= gbnally, GcIOA is full of prAyasiens requirang
us to specify how tYais massive resort wilI be developeda You
can do that in a condominiuan project and in most smaller
subdivisions, which will be finished in one or two yeagse
However, ig bs extremely hard to comply with these provisgoras
in PrAjecgs like BF1ChelQP Gulch, whbch w311 ta}ce years ta
evolve $o bts €gnal configuratione We aaeed flexibility to let
this gesort grow in an intelligeng waye
-2-
04/15/94 10:30 -&866 0200 HRO DENVER N7076 004 _
~
~ggo CONeLIIS%ON
g haee been told ghat thg focus og CcIOA was directed
at a n~er og problems which existed in condominiums, where
develope~~ ha~ not properl~ ~rotected the integests og the
oumers,
We have no quargel with CcIoA. Yn fact, we find znany
Pagts of at to be extremely appgopriate. (Thgs ffigght be a
place fag the dogphan anagogy,]
Moreover, gor the reasons I've cited above, we need
some very limited gelief groaa CCIOA so that lsrge, master-
planned commuraitaes such as ours and seversl others dahich
are being planned near other gesorts can follow modern
coaacepts ef comanunity developanent as gef lected in the Beawer
Cgeek model,
The Amendment you age considerang wss drafted as
narPOwly as we ghink possible in ogdes to allow us to gollow
tIae Beaveg creek anodebe It as antended to exempt only large
projects such as ours and to exemPt thean from only a modest
number of the CCIOA reqtairementse We believe thas Amendment
is very necessary arad will gurtheg the creation of cguality
~ communities gor the bene€it of alI of the people of Colorado.
I have not attempted to get into the specifics of
this Amendmento I have asked oug attorney, xevin conwick, to
geview it wath you bn as mueri detail as you wisho
~ APPRECYATE YOU12 P,TTEIdTIONo
-3-
GK,CD/DB4
CQLORADO G9MM9N gNTEREST OWNERSHIP ACT
PART M EXEMPTYON FOR MAJOR 24ASTER-PLAATNED CONlNiTJNI'a'IES
~ The Colorado commora znterest Owaaesshig Act (OCCIOAR)
was adopged egfective July 1, 1992 fog the purpose of
preventbng problems relating partbcularly to coradombnibzm
projeets and gma5.1 developments where the developers had nvt
adequateiy protecged the angerestss of bomeownerso Howevero
ccIoA did not take ango a~~ount the cgmplexity anci xaeed for
flexibilit1r a.n major master°Plaraned communitieso These
proj ects -dalb be buibt gut oves a period of a decade or ffiore
and neeci tv be ab~~ ~o use the ffiost sophisticated land-
plannla7c3 t8G$bnbques gequired go meet the desires of the
community and the marketglace over this timefraanea
Colorado has benef itted greatly fgom the development
of many major master-planned commuraities such as Beaver Creelce
Telluridep Purgatory and the lbkeo These communities could
not be constructed uxadgr CCYOA as it exists today becausee
~ CCgOA does not provide for sophisf:icated
earatrol mechanisms such as allowgng
digfegent interest groups withbn the resogt
(a,eo residential owmers, commerebal
ownesso hotel and lodge owners) to have
special representati.on on the homeovartessa
assoca.agion board og directorso
~ CCIOA does xaet allow sophisticateci baacoane°
~ producing devices sucka as are used by the
resorts lasted aboveo These devices
iaaclude assessments an retail sales anci
assessments an xeal estage transferso
* CCIOA imposes eoffiplex requlations requiring
the developer to identify at the outset the
proposed uses within the deveiopmente
~ A2ajor masi.er-planned eommunities invariably
reqtaira resubdivision og units. Under
CCIOA logs may only be gesubdivided wath
approval og the homeownerse assocBationa
%f 311y e1,eEGeB'St Of the COIIIIAu8'blty OppOS@S $1be
subdivisaon fog any g'eason, the homeowners s
assvciation may be reluctant to approve the
gesubdivgsaomm garticularly qiveaa tta~
threat og gersonal liability of any
developer°appointed directoro
The probbems f~r which CC%oA was adopted have not
arisen in major master-planned communitiese Cansequently, a
limited exemption far these communities seems appropriate e
lNioreouer, coffimuazities of the size coxatemplated by the proposed
amenciffient shAtald be subjeet to registragioxi under the Federal
~ %nterstate Land Sales Registratgon Act which affords
sagnigieant pgotectaon to purchasers of lots withain those
subd.ivi.sions.
APR-15-94 FRI 17 :25 ARROWHEAD ADMIN FAX N0. 3039262321 P.02
. , . . . . . . . - QooZ
$RO DID~ 1dT0~'Y ~ c'R 15 15225
gT :oa V309 oao~
e ae ~ (
CAHIB Q g~ ~rsr?smiti~t P~erfla
G4&
ccaora& a
~ Hotne ild~s~~ ~
• ~ ~ ' ~
24M s E=aoia
MMMo CO ua1o
(303)a 33-i ~ ~ PAX(303) 93 3-Y a0b
T@: $dexbt3rs o~ tIze Ca1orade
FRoMa Diarie Rsb~E ancl Mike Beasl8y
Cole~aclo Agsacaata.gn ef Roate aua.lciegs
ee~.gyi.a~g P~isioa~s [~rid~ Which i~&rga Pl~ed
`~~9~p Be ~eveZ~cl ~dler Tha W CoIorado Commorb
~ uSla,~~~ ~ May
oumarchi-a i%Ete$°e~t Acta_ _ ABttLnbesg\Repe
4 ~ Colofa taa~~t ~~~ig '~~e ~~1~? ~ 199 by h~ tahe Legi ga~t & to ~etablieh
~a~ ~dop~~d
clear, eocnprekaensiveoaild uaiEo= fxatruewosk for t1e creat i.otL a.ss
operi.tiosb of CommeL iabGerest csmunuaitieset'
~t i~ ~ ~ z~ 3.ELtege~~ co=unity~ it. can ~ inclucle her ~~a3. est ~eu~.rtd
to~B°aottes, coo~ratbves and, ea.ntia].1y, ~y i~pravamenes t2~t arp- subjeeL go a reeox-ded declaration asad ca=aged
~ ari asaoca,atiano .
~ ~wAr- -616 need~~ now? A laarge p7.a=ed eommuaaity sn a resvYt
arga of Colo~~ plam to get underway this f al7.. Sevez-al current
CCIcLk provisians w$lg ~ecpix~ ths.a pzoject to utili.ze features
Laeompatible wieh lBrge scale devp-loPmerats, paxtioularly thoee irL
gosort co=„nities wa.th numerous types of usetsp ayecigicallY:
1a CclOA does nog appear ta allow distiaact groupe ot propexty
. e~~~s Motel Ckaeratoroa Megclaants, silagle fatnily ownexs, eondn-
ewlaers)on ara associatioxL board ef d,irectogs a
2. CC%QA requires the master developor Lo Jay oa.t in advanee and in
c~asiderable d~talb tha entire dgvelopmeaa~ acheme regardless ot the
tgme frame for develapment. Yn aproject with a bufld-out of at
least tan years and likely moge, thera i~ ~o way to e~tab9.fsh Chis
degree of de~~~ ~or porgions of the project with lager bv.ild-outo
a~~ cu=ent CCgOA pvovr~ken ~ae~~~sa~r ~~g~~tn ~~~edingl}~ difticulta
ig ~.ot iffipossa~b~, e
3o TA p~~vida a varaety of sex-ticvo ¢or fu'cure property owmed arge nondtgadi~icna~ ~'~g i ~ ~ ~u~ee~ ~~acheas us~°ba~ed Id ~al est~.~~
com~t~.es ~ ~ ~
specia5 $ssessment~ ~~e iLat curreut~y aLllownd under CCIAAo
Notc: 9nce a, portion og the large plarmed
d~rlvp ~ to~ +~hat ,p ~~~-on . • the pxovisions of C~0.~ wi1Z applY to this bill
and agl cemponents of CC%oA, n~t specifir.s lly adc 1= lo a gn v diaance
~per la~, tigbe and t~cation,
~ enizu-unt domaLn,
Y g~~h~~'~) o s i11 s~~ ~prov to gZa~~
m~a~~cae~~ ~r~
plas~~ ~~mm=igigs.
5
VAIL ASSOCIATESo INC
~ MEP40RANDIIPq
TOo Jim Fritze
Jack Lewis
Eagle County Commissionerso
Johnnette Phillips
George Gates
James Johnson, Jr.
FROP4e Rick MacCutch44~-
DATEo April 28, 1994
SUBJECTa Colorado Senate Bill 216
Because of your influence with state legislators, we would like to
take this opportunity to advise you of important pending
~ legislation-SB216e
To help create Bachelor Gulch in the first class way that is
appropriate, Vail Associates, Inc., Colorado Ski Country USA and
Colorado Association of Home Builders have sponsored a bill to
amend the Colorado Common Ownership Interest Acte Second reading
by the Senate will be on Friday, April 29, 1994 and action by the
House will occur next week. Attached are documents which further
explain our positiono
If you have any questions or want to provide any assistance, please
do not.hesitate to call Poncho Hays at Hays, Hays and Wilson, Inc.
(303-860-1616) or Diane Reimer at Colorado Association of Home
Builders, (303-733-1100).
~ -
BeaverCreek' Resort
P.O. Box 959
Avon, Colorado 81620 r~ ~~til~ L~
303I845-5800 MEMOt~UM
303/845•5806
FAX 303/845•6617
TO: An Daly
~ .
FROM: Ed O'Brien
Kevin Conwick
DATE: February 10, 1994
RE; Bachelor Gulch DevelopmendColorado
Common Intere~t Ownership Act
In preparing the land use plannin' Lan the Use c At~ the u Colordo Common Interest
~ determined that a relatively ne~v Colorado
Ownership Act ("CCIOA"), contains provisions which may prevent us from utilizsng
many of the features which were successfully inan rPsthroughout the State ofand use
documents (and which have been adopted by m, esort
Colorado). Consequently, we would recommend obtaining curative legislation to allow
major, complex projects such as Bachelor Gulch to develop along the lines of Beaver
Creek.
The principal problem areas we see with CCIOA are:
1. Initial Representation of Distriet Ownershin Grous
on the Communitv Lssociation's Boarcl of Directors.
We will probably want distinct groups of properiy owners (hotel operators,
merchants, single-family residence owners, condominium owners and maybe raw land
owners as well as the Master Developer through substantial sell-out) to be assured of
distinct group representation on the Bachelor Gulch Community Association's board of
directors. This promotes democracy within the resort development and gives a Uroader-
based point of view than might otherwise be obtained. The CCIOA statute as it presently
exists does not appear to allow such representation.
~
Veil Associates. lne.-Creators and Operators or Vail and Beaver Creek` Resorts
2. Utilization of Non-'Tradi4ional Fundgng Sources.
In order to provide a variety of services to homeowners, we would like the
Bachelor Gulch Community Association to have authority to use non-traditional funding
sources such as were used by Beaver Creek Resort Company (`BCRC'~. These include
an assessment on retail sales similar to BCRC's civic assessment, and an assessment on
transfer of real estate similar to BCRC's real estate transfer assessment. These financing
sources are not allowed under CCIOA.
3. ydentifieation of F'uture Development Raghts.
0
Perhaps the most limiting (and dangerous) provisions of CCIOA are a series of
provisions requiring the Master Developer to lay out in advance, and appazently in
considerable detail, its entire development scheme. In a project such as Bachelor Gulch,
which will be built out over a period of at least 15 years, it is enormously difficult to
~ predict the manner in which the resort will, or should, develop. The provisions of
CCIOA seem designed for individuai condomi.nium complexes and other prajects which
are likely to be completed within a short period of time and can be conceived in its
entirety at the outset.
We understand that other ski areas, such as Keystone, have also expressed
concerns about the effect of CCIOA on their future development. Moreover, we have
learned that the national association which sponsored the uniform act which led to
CCIOA is considering amendments which would e:cempt major resort developments such
as Bachelor Gulch. Consequently, we think it is most appropriate to approach the
legislature to seek legislative relief.
May we suggest that you pass this memo to Doug Cogswell at CSCUSA and
Pancho Hayes, CSCUSA's legislative lobbyist and solicit their help in attracting support
for reasonable and appropriate amendments to CCOIA as outlined above. Kevin .
Conwick and/or others in coordination with Kevin will provide whatever help necessary
to explain our requests in detail and draft the legislative changes we propose.
04/28/ 1994 11 :44 I.ULUKMLU Jh 1 %_uu1, 11N1 W__
cd~~~~~ sM countrr~ USX :
~ .
VOTE FoR $13 21.6
cOLe~~ COMo~ EST o SMP ACT
(CCIOR)
MMEM =ORo ~GELY SIIC~SFM lND °$UOYYGM-4F •
D OPMEN'%'~ ~ ~~VER CMElCo TET.T.URII~8 VII+IeAC3Z ~
~MGR'g°ORY V'%LLAtnl~ ~~ULD NDT BE CaNSTRYlCTEDo
~r At informaI meetings, gepres ivSB Z16
f~ae Bar Associatien ~oup oPPosin~3
(the Opposif:ioa) have agreeci that 'chese
projec~ts eeuld nosc have beera built undeg
CG%Od~ and that C=oA uniratentionally
limits the glexiba.litY og developers of
these major projects_ .
~ ltepreserxtatives of the Opposition
testified iza the Senate Business and
Affaiss Commbttea hearing tkiat the Joint
~ Editori$1 Board for the Real Property Acts
og the- A8A ac.kaaowledges that tliers
be aV !~xesqS " for large, master-planned
commtariitbes - and i.s presently wor]cizag aa
such aa amendme.aate The Ogapositeon prefers
to wait tua~~l the National Board meats
befvg~ ~eekirag rebief iaa Colgradoo
~ There are impoa-tarxt projects in the
grocess in Colosado wtucla need immediate
relief. These inciude Vail Associates'
Bachelor Gialch pro7 ect and ICeystone
Nountairt ° s .qvnte2uma develop3nento
~~SEETA°g°gVSR OF H%Affi"~S RmCza AN zv6nxOuszY
SUC~~SFUL AM HIGHL`g°PR.AYSED gAA.7ECTa TES'%°'IrTED A'1° THE eBIUpI'E BIIS%~~S 23FAIRS C TTEE NEL'TIN[i Tffi gT W~ RAN~ tYNDEROIISIaY
0~~Y6~'I~' F~ TIM ~ BIII%~ ANOTMM CCgOAa ALTH0UGM =G S RANtH Ss SDT AFTIC'g'ED BY 0$ 216, ~5~'
.
~Ol~~OY SYBP DMWP~ ~ ~ 9 ~TZ~PRO~S Z~! c~%,~ .
1580 bro"wey, amJ1o 9440 clomer+ cofoeedo 86202 (303) 837-0793 FAX 0(303) 837•1827
c8 OrinfQ6 on reeYcded p&DW
TER P ~q~~/~ RSe ~Qy80bEF Sb~ ~i0Oda g~ ~rC1O3'A Is
yf~bbuOiisC••yob~Tf~y~" @fl yy~~~p~~ bbv p~p 98d~6?8S
8M£dm9lS"dl^d 4~RE o
* The ability to provide more varied and
more demorxatiC farsas of government.
The resarts mentioned an the reverse side
allow dafferent classes of ownegs ( suc,h as
rssidesxtial owners P lodge ~ers and
cvmmerca.al ~ers ) to
~
~iractors~~ ~a.s~c~aixzot ~ l~e ~ doeae s uaader
o~ .
CCIOAo
Pirajects such as the ones mentboned on the
reverse side use a trariety of reventte
sources in order ta provide necessary
ameniieies f ar their oeaxaers. 'I'hess revenue
sougces ca4ald not be used tarader CCIOA as
it presemtly existsa Representatives of
ttae Oppasition offered rel~.ly ~Q ~a ea
~,n ~e~ ~end~aent and aPParen
oppase thgs modifieatiorae
~ Developegs of large ccmmugaities need
relief trom the massive disclosuges
~ reqaired kay CCIOA wta3.ch seem tv reqtaire
tiie developers to preciict the caurse of
develcpment 9f their prvjects Pe vhich
cauZd talge mors thara a. decacle ta complete.
SB 215 pr9va.des modest reliet of tkais
typeo
~r Wayne Hyatto a former membeg of the ABA
Editoria.l Boa.rd and a stsong supperter of
CcIoA has stated;
Several provisions of [CCIOA]
inhibit devel.opmental f lexibil.ity
in large, master°plaaaaied
cemmuuxgities. I believe tais loss
of f7.e'tibility results from tgze
application of condomaniuan -
pgincbpl.es to largeo Planaaed-°unit
developmexats (PUDs ) . T3ae result
is injuricras to the indtastxY, the
develaper and the consagmeg.
TOTRL P.03
COa aDO COMUOPT %NTMIEST OWNERSL ! ACT
PARTIAL EXEMPT%ON FOR PAJOR MASTER-PLAtdr7ED CO T%ES
The Co1.ogado Coffimon Interest owtaea; shi.g Acg (OCCIOA")
~ was adapted effeetive Jul.y i, 1992 for the purpase of
pgavesxti.rag prob1Am re].ating paxt3cularay to coradominium
projects and small develapmeaats where the developers had nat
adequately pratected the a.aiterests of homeowners o However,
CC20A ciid nflt take anto accAtant the complexity and need gor
tlexibi5.ity in anaj or master-planned conmunities e These
prajects will be btailt out aver a period of a decade or more
asad need -to be abbe to use the mest sephisticated land-
planrciinq techniques seqtaased go meet the desises of the
eammtanitgr and the magketpbase aveg thi.s timeL'game.
CvlogadQ has benefittad greatly frona the development
Qg many major master-planned cammtmities such as Beaver Creek,
Tel.luxide, Purgatary and the like. These communities could
raot lae canstructed under CCIOA as it exists today because:
~ CCIOA does nat pgovide for sophi.sticated
control mecYaanisms such as al,lowing
different interest groups wgthan the resort
(i.ee residential owners, commercial
oeme.rsg hotel and Zodge owaze.rs) to have
specfal representatson on the kaameownGrsp
association board of di.recters e
~ CCIoA does not allow sephisticatad income-
pseociucang devices such as are used by the
resorts listed aboveo These dewf,cas
~ ancbtade assassments oxx ~etail sales and
a5sessments on reab estate transfers a
~ CCIOA imposes coffiplex.regalatians reqairing
the develaper to identity at the auts~t the
pgvposed uses within the 8evelapment.
~ 1iajor ~aster-planneci communities invariably
reqaire resubdivisian og units e Under CCgOA lots may anly be resubdivided with
approval of the hameotaners ° associat].on o
gf any element og the community vpposes the
subdivision for ax?y reason, the hamevvasaers'
association may be seluctaazt to approve the
re$ubdivi,sboaa particalar3,y given the
tkageat gf gegsenaa giability ot any
deveboger-agpairaged direct9ro
T'he prob].ems for which CCIOA was adopted have not •
arisen ixi major master-plannefl cammunities_ Consequently, a
limited exemption for these conmunities seems appropriate.
Xoreover, commuiaities of the sizE conteonplated by the proposed
am,exidment should be subject to registration under the Federal
Saterstate Larui Sales Registraticn kct which affords .
signifi.carst protection to purchasers of lots withisi thase
sulxiivisions _
(
6
' . 113 P93 P1AY 09 °94 18:07
f .e a,•
r~ .
~~~~D DA043
, s~ I SroADmqv
LWCE OP 1K P.(~. lfi 0b6
&DARD CIF 0CW010AM , . . &11Gtf. (AALA00 6 J 63I
I3Wpjo9-8Ws y ~ , ~ rxsc: R301y,02e7ta7
,
~ Z • ~''~n(t ~i+~-'' .
C LE COUNTY. CQLORADO
MaY 4, 1998 The HoAorable Jack Taylor
House• of Representat Vas
+~~~rado st~~e Capitog
200 ~~~lax
Denvero Co 80203
soRate Bigl 96-216
We arc~ ~riting to expross oiar c.oacegn atid opposit1.on $o-SEa2 A6
an pressa,t7,y writtesn, Wtaila, wr understand the nseci to ame=?d the
colaraa~ ~~cn Xn~~~~~ ownersh9.p Act (°CC,[fli4") to aglov t'ar
eosaacaentious develgpneYfL of 1arg8r C4IDtuuJlitiess ve 3ALtst OpPose SEa
216 1" a~~ ~~EJAo Roveyer, as written the Biii allows tLhe
Oggatia-n ot 83Oifl-goVerrmef1~ "ti.ties With qoverrasmental tauiTiq
POworss DuL dges sact givO gUeraritemd protec;tiOtt for veop~~ vithin
tlassLl °aPl,aM~~ CDMuAitiea° khat Other C010rado ci t-i2sasg azs
presdict~ ~ ~~~~~~o State ConstLtt$tion and StastaL statqaos.
Ne 9061 that tffae ;eollgving provisioa~s need to ~
~alar.ed or ameaadled to proEPide tha ffirot~~on notod :bovea _
o Th$,s sectfoee allow$ far t}~ ~~cial $nsessmantaa witiai.n
the oplann~~ communitlesp, on kataig 94Llew (defacta sa1~B
tiax) o Rea1 nata1ee 'i'razoters, and Specified Seb-vicrasso
The autharitY to Arlop~ ~~~~s tax ic Y.i.nited to statp- and loeal
governmentse aYtd i~ rint. prova,rted to_ epcwa.aa diatricts. Uhi1e0 the .
5tate ara~ ~~al gava~aef~n~~ats arffi yl~ iniy~ted i~r~~ gt?e total t~c ~at ~ay
~ ao~S~~~p bY S`1aLa statL~e ~4tl7~ 61i6e~~09ddyb 1a &d~~~verp N8°216
propOsOO tO qave. to a non~~overtmental eritity tta3s same antftatity
~ithot~t FDny 09 the protaotiono giaaatatioreffi or safeg~aards reqeaired
~00 C~j 0801H 2iaArIHQ 02IH OOZO 9984Z 6Z :bT 66/Ii/50
113 P64 MAY 09 194 iB:OB
WJn I ca a - e.laea~ e - - • • • ,
Honoraml4b Sack Tayaor
may 4, 1994
d Also &g concarn are tZe. provisionO providina for elass
votinq ~iad maiaatalning declars.nt (develaper) coaetrob e
`his ggat~on of the Bill al1aws for the davelopaent oV &
class votixtg atru6ture vhich cotalcl #'rustrate the Yi 17 ef
a majarity of tt'ia xegidents atsd runs conzrary to the
~ cratic priracfpabs upGn which this ~ation wa¢ fntinded-
we rmalize there &e portions ef SSm216 whir..h bLave 7aeri~, w~
~elieve tha't expegts b-n '~~e r'eal estate anr1 Ponamer pspteatieae cem
bettar speak to tttese proV1.siown_ And we Auglaort ttap prov3oiflrLa
which provid~ ~dded gleuibi g gty to the atsvslopere oP large plained
co=unities wgtffioeat eampromisf.nq tha proteati~n and rbght* af the
~,-wchasers of propat-ties in ghese comtneanitiaao .
We Lr+nw theza age roopvneibla develag~n who 7ooiald neaL abum~
~authrrritlr .pi-avided ika 5R-216e We fee1 that we cwirluL• proviele
aa.a opprnr8:un~.ty for. 1~a geapanoible dade~.gpere to take ae~v~tege of
tl~&31 r4nL°1:9ffiarv
We ux'qe yamz apposigion vo SB°216 In igs present gormo
. s1ncerelY r
. 50ARD OF COLTN'rY C'eMSSION~
~GLE COUNTYn COLoRAaO
m
~ • ~TA t'.~~ P~S ~~a ~ r~t1
~
y-m" . T as ta, , comaa ss otaes
0
~~Or'~ Be ~t~f' C6~a~ffibo23~S
aze9 ~~ee ~t~4~sae~~e~g
b>~~'~~vg a ~
600 [n 080LH 2IaANRQ 02IH OOZO 998n 5Z =tT P6/ZT/50
May 10, 1994
County CommissbvnerS of Eagle Cotanty
Eagle county Bua,lding
551 BroatiWa.y
P.O. BoSC 850
Eagle, ColOrado 81631
Dear commissionsrs: -
Thank you for your Nlay 4, 1944 letter expressing some
svxpport for and so-me resexvations regarding Senate Bgll 216.
1 thank we all recograize the need to amend the Colorado Common
Interest Ownership Act ("CC%OA,7) to a l. low mucta neecled
flexa.bility for the deve2,opers af larqe planned comznunities_
~ This will allow ithem to continue to create the sorts of
communities that have helped our tovrism industry succeede
giaving said that, let me deal with your concernsa
k'i.rst, you expressed concern x'egarding the prowision
of SB 216 whi.Ch daill allow associatboras to levy speCial •
assessmer?ts, incluciinq asssssments oxa retas.l sales and real
estate transfers. z'hese pawers already exist in associatioYas
whach are raot geverned bg CCIOPa anci, I understand, have
aontributed to the success of such well tlaought of p]COjects as
Beaver Cxeek, Telluride and Purgatory Village. To deny these
powers to similar communities wi1.l put these communities at a
competitive disadvantage for no apparent reasane Corxtrary to
the suggesti.on in your Ietter, I believe that SB 216 maintaa.ns
ample protection for consumers with respect to these
assessmentso Ntost i,mportant, every director appoanted by a -
declarant is a mf iduCiar]Pv cf the ownerse This is a wery high
standarclo and goes well beyond the standards for elected
officialse Moreover, funds raised by these assessmesats CBll
oxbly be speYti: a%1 mattexs whicYi benefit the Comauun1ltyo `I'o t1o
otherwise wou].d vi.olate the fiduciary duty mentioned abovee
Finallyo SB 215 preserves the requirements tllat the deve].oper
cede contro1 0f the associ.ation as sales withira the
development progresso ,
gour letter suggests that the provisions in SB 216
allowing class voting will allow the declarant to maintaira
~ contro2. of the associatione g thanls this is a
misunclegstanda.ng of this provisione The pravision actually
allows the cieclarant to share cantrol witki various segments of
the communi.ty (such as residential owners, commercial awners
Z0012] 0801H USANaQ 02iH 0020 998zz bZ:bt P8/TT/80
and Iodge owners) and to obtain the ansights og this diverse
group of people. Y understand that thbs has worked well in
sevegal well respected resorts including Beaver Creekp
Tellurida and Purgatory Villageo
I appreciate your interest in this legislatiano I
hope this letter responds adequately to your concemsa I
wauld be most plessed to speaK tto you about them ira more
aletaila and tfliink you will find that the Bill is truly
beaaeficial and will lead to the continuecl cieve].opment of
qaality aommtaraa.ties withia the State of Colorado 0
Very truly yours,
Representative Jack Taylor
~
gkcc _bho
E00 [2] 0901H 2I3AAIEQ 02IH OOZO 998.9 bZ :bT b6/TI/90
7
~ o ~
~ • •
~ May 17, 1994 ~a'll Assmiates, IIlc.
Creators and Operator3 oi e aiI and Beaver Creeko Resorts
Governor Roy Fiomer
SYate of Colorado
SYate CapiYal Building
F3oom 136
Denver, Colorado 80203 Dear Governor Romer:
The Colorado Legislature recently passed Senate Bill #216. This important piece of legislation
amends Yhe Colorado Common Interest OwsnersNp AcY (CCIOA) in a manner vvhich will make it
possible for complex developments, such as aup Bachelor Gulch community to proceed. Bachelor
Gulch is a community being constructed on 1,400 acres of land betvveen our Beaver Creek and
Arrovvhead ski areas. We are trying to open efvs development by the 1995/96 winter season.
When we began planning for Bachelor Gulch, vre were surprised to tearn that many of the techniques
vvhich vve used successfully in our Beader Creek development could not be used under CCIOA. For
instance, CCIOA prevents use of broad-based assessments such as those put in place at Beaver
Creek., CCIOA also contains a number of prorisiorls which require developers of large communities
to determine, in advance, how their deeelopmeeTes will be built out in finite detail. This is very difficult
~ for developments like Beaver Creek and Bachelar Gulch which are/vvill be developed over a 15- to 20-
year period. These large master-planned communities need relief from some of CCIOA's provisions.
Senate Bill #216 gives that relief.
The tourism industry is enormously imporean2 to the S2ate of Colorado. Senate Bill #216 will allow
the creation of vvell-planned communities near existing resorts, and nevv resorts such as the proposed
Catamount Ski Area. 'fhis vvill be difficult, maybe impossible, if Senate Bill #216 is not adopted. This
legislation vvill help keep our tourist industry h"thb and create jobs for many residents of this State.
It is very important that this legislation be implemented. VNe urge you to sign it into law.
Very truly yours,
VAIL ASSOCIATES, INC.
ndrewr P. Daly
President
0
Post Office Box 7 ~ ~~i__ 51655 0 I;SA -(303) 476-5601
{Va AssockLtes,
• • ~ ~ / ,
~
Beaver Creelc9 Resort
P.O. Box 959
Avon, Colorado 81620
303/845-5930
Fnx 303/845-5945
Mag' 18y 1994
HouuorabIle Roy Romei°9 Godernou°
Sgate of Co?orado
Sgage Capfltoll BuIllldlIlng
Room Il~~
~endei°, cCollorado 80203
Bear Goveu°unou° II~omeiro
~ Theu°e has beeun counsIlderabfle mgsunderstandiang about ghe
r~~entlly-ew2eted Senate Billl 2Il6 whnch makes only very lirnited modi-
ficatIloIIfls to the CoIloIl°ado CoHH'Ilmo&Il Inged°eS~ OwneIl°3hIlp ACt (66CCIOA99)o
T]fae purpose of ghns lletster ns to gIlve yoan certagn Ibackground facts and
c?~ar-anp any mnsanndei°standnngso
IFIlrst9 when tC(CffOA w~~ adopted nn Il99Il9 cCo?ofl°ado9s i°ea? es$ate
II]TIlaII°ket was sll9ffeIl°llIlIlg fII°om ll~s woIl°st II°eceSSfloIlIl eveIl°o Anum~er of pro-
jects, mostly ~on~omnnnum pu°ojecgs nan ~en~er and Front Ran~e
m~tropoflIl~an %reas9 arvei°e nnndlea°gonng foa°ecRosui°es and othei° fnnancgafl
uannshapso ~~on 1~~~am~ ap~arent that anaany of these urban condo-
mnannanirgn pirojects ]fnad beeun devefloped nn a manner wbach did not pa°otect
ghe Ilntei°ests of ~onsanmerso (CCROA was passe~ cure those probYemso
Whnlle cC(CffOA was u~~cessau°~ ~nd ~~proprIlate, one of nts prg~ary
alllIlthoII°s HgIlIlmedllntt~Ry agICtEed tIlIlat ll~~ appliCabfllity to l$9°ge9 ~~~~er-
pIlanun~~ ~ommaenIltnes was unot pi°~~erIly consfldered and macch of ngs
afffetCts oflIl tflflese coIlllIlHflllUIlIIIllltlles was ll&IIIlIlIlfl$ended and 9a&appII'opII°Ilateo He
Iple~.°ognAzed thaIL `aIln aIIIlIleIIIldIIIlIlenIL ~CIOA w`6Ils 66uE~~entHy EHeedede99
Devehopers of Vail, Arrowhead and Heaver Creek" Resort
~ HonorabIle 1E8oy Ilgomei° -
Pa~e Two
May Il89 Il994
Vep°y few peop?e reaIlnze t9nat under CCIOA9 a number ~~~ery we9fl
thoUllght of coIlBIlIIflIlMHIllltlles sUIlcIlfl ~~aveIl° CE°eek ReSOrt9 Telluride Nioun-
tann Vnfllla~~ and Panu°gaton°y Vnfl?age could not h~~~ ~~en builto This Ils
becaUIl3e ECCIIOA llYIladVeII°tefl?~~~ proh1b9$~~ the demOCII'atflc a}t&d bE°Oad-
based foIC°IlHIl ~oveIC°IIIlI[II'IleIIIlIY pIl'ovIlded fod° llIIl thOSe Il'eSoIl°~ ~ommuIlfl&tfleso
CCIIOA `aRIlSo ifl?~dvell'gteHfltfly ADII'oh9bflte~ the use of a vaD°le of owner and
meu°chant assessua~~~~s wflnIlCh has he9ped make those areas successfule
I~~eryone we talI~ed to aboant thn~ pirolbYe~ ~or faeture master-p9anned
~ommunntIl~s recognn~ed the un~ed to Ilemng the appIlicabilfl~ those
pIl'ovllslloIlIls to sIlIIflaIlleIIC° aIIIld IIIl71oIl°e IlIlm9ged hOme0wIbtEII° as30CiatIloHflso SB
216 caares tlln~se ~~fects nn CCffOAo
VnrtanaR?y allll of the people IlnvoIlved nn the passage of CECIOA have .
~gr~ed that (CCffOA m~~eded to be amended to gaY~~ into accoaunt the le-
~ gntnmate needs off deaellopers of llarge9 master-p~anflled cOHgIlIIflIlflflflfl9tfleSo
'IChIls IlncIlandc~~ the cCommunanIlfly Associataons gnstfltaate, a ga°oup whgch re-
presengs I~om~~wnea°s assocnations, the Colorado Bar Association and
the CoflflIl9fl]iIlSsIloIlIleIt°s of NIIIlllfoIl°IfH9 Stage ILaw3o ff n fact9 at the nationa?
Ileve?y the ComHIlIlIlssIloHIleII°~ ~f UIIlIlfoIl°m Sga$e ILaws aIl'cE working oHfl aIIfl
amendm~~~ the Unnfou°m cCommon Interest Ownership Acgo ThIls
a1C9IleIlIldmeHIlt IlIIIlclIlIldes IIflIla1CIlg' of tflfle pIl°ovflSfloFIls of SB 216e
~~~ondy II a'0'oIlIIIld IlIlke to cleallII° U9IlD the Bfl71DS&Il&fldei°StaF9diflII~ that SB
216 was aQ~~~~~~ sptEcIljFllcaIlfl~ ~o helflD Va&Il AsSoc9ateSy gnco This ns not at
afl? tlfne caseo SB 216 n~ ~~~te-wIlde RegflsIlat9oHIl aHfld lls s9gpp0r$ed by a -
daII°llelly of oII°gaIlDllzatllo1CIlso T~~~~~ony suppou°ting SB 216 was gnven a~ the
state llegDsLL`s~tuICe by KeystoIlIle ResoIrty 1LIl$flICOllHIl Westly ff nco Brecken-
rndge, tIface deveRopeu-s of p~~?n~a~~ll~ IlHntE"yy, tHH~
~~~orado Homebnnnlld~ers A~~oceatnon and the ECoYorado Boaa°d of .
I[BeaIl~orse HIlghIlaIIIlds RaDDch teStlljFlled $hat Ht could &log ~ave beeIIIl
dedeIl~~ed Ilf (CcCROA was nn effe~~ when nt began nts mamm~th andl
hllghEg'-pIl°aHstEQD coIIIlIlllflIlUIlIIIlllty, soanth off ~endero
~ Honou°abfle Roy It~omer
Page Three
May 18,1994
Thnrd, SB 216 ns a detz°y nori°ow amendmento apPlges onIly to
cCoIIIlIlIIIlIluIlIlIltIles I[&IleetIlgIlg the foflDowllng $hII°~~ crIlteH°Ilao (a) 00 acres of Rand,
(b) 7LoIIflllng ll,~ce foIl° at Re`cll~t 200 dV@'eIfl&ng flflIlflfltSy aidfld icJI ZOnIlHIg HHIl
D ffou° at lleast 209000 sqa~are feet off commercnaIl spa eo Their°e are
dcEIl°y fe~Y ~DII°ojet~ts ~VI~IIIlc~Il ~'IlflR IIftfleeS~ t~ilese Il'eq~IlIl1C°eItg&eIflt s l~or~~~er9 SB
2Il6 ~~empts these deae?~~~engs ffrom only a few ~ ~ provisgons of
cCCROA. IIICll each tCasey tIlIltL' oIIfleICoU6s pIl'odHSIloIlfl3y whIlch the exempt90n .
negates9 tC°eqUIlllll°e dev~~opeIl°s of flIIIlajoII° p9°ojec$s to SpecHfy IlF9 ~dvaIIHCe the
entnre dedellopment scIlfneme foi° eacIln comm?uanIl4y wntYn ~ery ?gmited
possllblllllty to IIIlIlodllfyaIIIld adjUIl3~ the pIlan aS dev~~op~en$ progIl°eSSe3e
'IClrnns boa°deu°~ on benng nmpossib9e9 and at the fleast would lea~ ~ery
annsatnsfactou°y dede?opmeuntsa Pa°o,pects of the magngtaade covered by SB
216 `allIl'e typllcalRy bgIlIlflt oUIlt oveIl° a pe9'IlO~ of fl09 Il~ or ~~en 20 y~ars and
need to had~ the flexnbnllnty to adjunst as the pubIlie9s taste~ change and
~ addIltlloIlIlaIl kIIIloW~edge kDecoIlgIl~~ avaIllable II'ega?'d9fffl~ the pH°OJec$o B 216
wgllll Ilead to lbe~~er dedefl~pmentse
IFoanu°tItn, the gm~ortant consumer pa°otections of CCI0A ?aave been
.~~~~ervedo SB 216 does an~t modaiFy CCI0A9s reqaaii°emeng tIlnat the
deweIlog~er gnae anp s~~tiroll when 75% of nts Ilots have been so9d9 or tha~
the resauIltIln~ ~ommanunnty owuaee°s assocIlatioans he albYe go termgnate aRIl
ann~onscIlouuab9ce countu°ac~~ ~nd tcei°mnnate ~onta°acg~ ~etween nt and the
deaellopeu° whean the cllnaunge of counti°oll ~~cui-so .
SeveIl'aIl oIl'gaIIIlllzatlloIlIls whflcIfIl ll&Illltflallg' oppo3ed SB 2Il69 sauch as the
ComIIIlIlMllIlllty ASsocllatlloIIlls IIIIIlstll$UIltey e9llded IlIlgD wIlthdrawiIIlg tp&eIlII° oppOSIl-
tlloIlIl afteII°~ ~ew IIITIlodIlfl~2floIlIls weIl°e gfllflade to Satll3~ theflII° ObjectHoiflso lIlIl
ffact9 the FComramanngty AssocnatIlon~ InstIltu~e representatnves a~~~~ ~or
modnifncatnons wllnncllfn woaulld aDllow aR? fl~~~~~~ners oi°gannzatflons (not
,pan~~ the ~arge, m~~~er-pIlanu~ed ~ommunnties) to hav~ the derreioci°at~~
~~irm off govertrntra~ent aund bi°oad assessmen4 powers which SB 216
~ Honorablle Roy Romei°
Page I~our
May 18,1994
The Eagfle Countty Board of cCommgssgoners (ECBOC) lby 8etter to
II~~presentate~e Jack Tayllor, and copy to Senatoa° Dave Wattenberg, '
expresse~ thenr ~oncei°ns u°egarding an earlg~ draft of SB 2160 Followiaflg
sllIIIlcCeIl°e conSHdeIl'a$floHfl of IEQ.BOC9s concerns9 and a coup?e of ~urther
amendments, ~~th IlegnsIl~~ors voted in favor of the bafllo
SB 216 was II°ev?ewed llIlfl detaHIl fl31 the leg?sla$Hve pB°oCe3Se Once this
RegIlsfla$lloIlIl WaS AflndeIl°stoody llt galldIl~d bIl'Oad-basedy non-~artllSagfl 5up-
~orte The bflll passed 1~~th houses of the Co9orado Legis?ature9 in the
Senate, d-wenty-five voted in favoir a~nd egght voted agaanst9 and in the
Hoanse9 fif$ f-SllR voted llIIIl favoII° ad&d IIflflH~e vo$ed agaInSto SB 216 ns ago~d
bIl~R whIlch lls flgIluch ICIleeded llIIIl Cololt°adoo ,
traafly g~ours9
~ VAffIL ~~~OCIATES RIEAIL ESTATIE Gg2OUP, gNCe ]Ed~ard D. O9Brien
VIlce PIl°eSlldeIIIlt allfld
Chnef FnnancnaR Off~n~er
i
8
~ EAGLE COUNTY BUILDING
551 BROADWAY
P.O.
OF THE . BOX 850
BOARD OF COMMISSIONERS EAGLE. COLORADO 81631
(303) 328•8605 FAX: (303) 328-7207
r:
C"'o'UNTY9 COLORADO
Pqay 23, 1934
~iA pAx 866-2003
The Honorable Roy Romer
Governor
State of Colorado
Colorado State Capitol
200 East Colfax
Denver, CO 80203
~ Ree Senate Bill 94°216
Dear Governor Romere
6de are writing to join Summit County i.n encouraging your veto
of SB-216 as presently writtene While we understand the need to
amenci the Colorado Common %nterest Ownership Act (°BCCIOP,00 )to allow
for conscientious development of larger communities, we must oppose
SB-216 in i.ts present forme Iiowever, as written, the Bill allows
the creation of non-government enicities with goverrunental taxing
. powers, but does not give guaranteeci protection for people within
these °OPlanned Communities°° that other Coloracio citizens are
~-a.t!?t:QP_ a?la S¢3tH statLtcg t
; .a .a i.... b.~., nviv.-.y~666 .a., ctCi~ ~,a ~°O~:r.+
~i~r d 1\acu s/a rid~. vsWV v.v
bde feel thatc the following provisions need to either be
deleted or amendeci to provide the protection noted abovee
Sectaomm 3 g38-3303~207Qc8 Q4D QaD QIflQBD]
o This section allows for the special assessment, within
the °OPlanned Communities00, on Retail Sales (defacto sales
tax), Real Estate Transfers, anci Specified Servicese
The authority to adopt sales tax is limited to state and local
governments, and is not provided to special ciistrictse While the
~ state and local governments are limi.ted ih the total tax that may
be assessed, by Sicate statute and Amendment lo However, SB°216
proposes to give to a non-governmental entity this same authority
without any of the protection, limitations or safeguards required
of governments.
~ Honorable Roy Romer
Fqay 23, 1994
Page Two
o Also of concern a?re the provisions proviciing gor class
voting and ffiaintaining declarant (developer) controlo
This section of the Bill allows for the development of a
cl.ass voting structure which could frustrate the will of
a majority of tYae resgdents and runs coretrary to the
ciemocratic principals upon which this nation was foundede
bde realize there are portions of SB°216 which taave merit, we
believe that experts in the real estate and constamer protection can .
. better speak to these provisionso And we support the provisions
which provide added flexibility to the developers of garge planned
communities without compromising tae protection and rights of the
purchasers of properties gn these communities>
We are willing to work with Vail Associates and othex°
responsible clevelopers who desire to secure legitiYnate amendment to
the Colorado Common %nterest Ownership Acto Iiowever, as Senate
~Bill 216 is currently writteno we ffiust urge you to veto the bill in
its present formo
Sincerelye
BOFRD OF COiTNTY CONIA2ISS%ONF:RS
EAG%E COLTNTY p COLORADO
•7 E Johr±so . ~ o r
~ -
Georg o Ga es, Commissioner
xc: Vail Associates
Edward D. O'Brien
1\romer.sb
B
~
9
~Vaff 0
~ Vall s~c'lates9 Inco
~
Creators and Operators of Vail and Beaver Creek' Resort
May 24, 1994 I~ lBol !Z ~
Mr. George "Bud" Gates, Commissioner
Eagle County Board of Commissioners
r
P.O. Box 850 / -J
J"
Eagle, CO 81631
Dear Bud:
The purpose of this letter is to resp n e concerns you
have'raised with respect to Senate B'll 216. The bill, if
adopted, will amend the Colorado Com n Inte est Ownership
Act ("CCIOA") in only certain limited ways.
~ First, you expressed concern about the proliferation of
"Special Districts". Bud, CCIOA and SB 216 have no
connection with metropolitan Special Districts. CCIOA
~ regulates common ownership associations such as condominium
homeowner and community owner associations. CCIOA was
passed in 1991 largely in response to financial difficulties
experienced by, and developer abuses of, individual building
condominium ass ciations. Unfortunately, large master-
planned commun'ty associations were captured in CCIOA's
"net" in a mariner not contemplated by its sponsors and
authors. Its restrictions, intended primarily to regulate
individual building condominium associations, are simply too
narrow vis-a-vis large master-planned community associa-
tions.
Secondly, you expressed concern regarding the provision of
SB 216 which will allow large master-planned community owner
associations to levy special assessments, including
assessments on retail sales and real estate transfers.
These powers already exist in associations which pre-date
and are thus not governed by CCIOA yet have contributed to
the success of such well thought of communities as Beaver
['c~sc Office Bux 71 0 \';iii. Colorado 81658 o USA -(303) 476-5601
~
Mr. George "Bud" Gates
Page Two
May 24, 1994
Creek Resort, Telluride Mountain Village and Purgatory
Village. It is important for large community owner
associations to have solid financial underpinnings and
broad based assessment powers help assure this is so. These
types of community associations perform functions such as
common area maintenance (including park and grounds
beautification), intra-resort transportation, public safety,
design and review board functions and resort special event
sponsorship and promotion items not normally provided by
a single building condominium owner association which was
the primary object of CCIOA's regulation. It is our belief
that the spreading out of such costs over each of such
community's constituents by way of multiple but specific
assessments is most appropriate. The Beaver Creek Resort
Company uses four separate assessments: a two percent real
~ estate transfer assessment (generally paid by buyers), a
five percent civic assessment on retail sales made within
the resort (most frequently paid by non-residents), a common
assessment paid on real property values (mostly paid by non-
resident owners of second homes) and a mountain/recreation
assessment of five percent on lift ticket, ski school,
tennis and golf fees (paid by Vail Associates, Inc.).
Further, this allows the Beaver Creek community members to
make choices regarding service levels within the resort that
could not be responded to by a city or county government;
and such service demands are self funded relieving Eagle
County of any such burden. Bud, I am not aware of anyone
believing that the existence of such broad assessment powers -
in Beaver Creek Resort does anything but benefit the Beaver
Creek community specifically and Eagle County in general.
Even single building condominium associations have the power
of assessment so I would hope that the issue of multiple
assessments verses single assessments would not cause
concern. '
, Thirdly, you expressed concern about SB 216's provision
allowing large master-planned community associations to
elect directors from various elements within the community.
~
Mr. George "Bud" Gates
Page Three
May 24, 1994
Beaver Creek Resort Company, the master homeowner
association for Beaver Creek Resort, for instance, provides
for the tenants in commercial/retail space, owners of
lodging facilities, owners of improved residences, and
owners of unimproved properties to each elect a director to
its board of directors. Further, effective in December
1994, an "at-large" member will be elected to the board
giving independent representatives a majority on the board
of directors. This assures that Beaver Creek Resort Company
receives input from different sectors of its community and
is regarded as a more democratic form of government than
would exist if all directors were elected at large. I
believe that Beaver Creek Resort Company has served its
community well and know of no criticism of its form of
governance.
~ Finally, I would like to assure you that SB 216 does not in
any way change the requirement that the developer give up
control of the owner association when seventy-five percent
of the total number of lots in the community have been sold.
We believe it is very important to preserve this provision,
which we consider a proper and appropriate form of consumer
protection.
If I may make one more point, I would like to assure you
that SB 216 is very narrow in its scope and makes only very
limited changes to CCIOA. In supporting this legislation,
we made sure that most of the provisions of CCIOA were
preserved and will apply to all of our projects. If you
would like confirmation of the fact that SB 216 has no
adverse consequences on counties, you might call Pat
Ratliff. Pat had this legislation reviewed to determine
that it had no negative impact on local governments. Pat's
telephone number at Colorado Counties, Inc. is 303-861-4076
and her home number is 719-635-5208.
~
Mr. George "Bud" Gates
Page Four
May 24, 1994
Bud, I sincerely hope this letter adequately addresses your
concerns. I would look forward to discussing this matter in
more detail with you.
Very truly yours,
4AndrewP. il Associates, Inc.
a y
esident
cc: Commissioner Johnnette Phillips
Commissioner James Johnson
County Attorney James Fritze
~ County Manager Jack Lewis
~
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AatuZ~~~ ~ @r 1ogi9u V!1 go&L&a
Whet$er intlt~ti l ug act, ~ has ~ mah as implied that g aD
a £nvoleed vitffi Va" As• tse as 21i o nsfther of! w~eb
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k)il1 h" liNd ui~ ing4joatime &ad to brl.a~ ~t t~a the attantiomm
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~ J1~eociatem° whollap a.aaaeursto and ustsuoo
Mgo Da].y ha~ riofg to imme NW zzaw aoffer my phone numbewso oae
QDeheswias refar wqc~~ ~ ~ tbLe mattaro, and s aw oooaoraod
tkar. ~ ~a.~ g~ti t ~bva had a~a ~tos~e.t
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05/26/90 16:20 '&866 0200 HI30 DENVER N7083 Q002
~ MEM9RANDVM
7C0 e ~dy Daly
FROMe G. Kewin Cv3awiCk
DaBaT€ a IKay 26 o 1994 .
REe Senate Bill 216
Durbng the everiing of Ptay 5, whesa SB 216 was meir?g
debated in ttae Cologado House of Represesztatives, awas
intgoduced to Pat Ratligfo a gegistered gobbyist for Colorado
Counties Ince bde got gallzing about SB 216 and in the course
of thag convessation Pait ffienti,oned that she had I1ad SB 216
geviewed by the County attorney for Boulcier County, who
advised her that the bill had no iaapact on county authority or
activitiesm She said she haci repogted this to the Counties.
I was awage that Eagle county was expressing some
concerns about SB 216o and we got tallcinq about the various
Eaqle County commissionerse I mentioned that I had the
highest Pegard gor Bud Gates and Johnette Philips, both of
~ whem I had worked with exterasively e (James J'ohnson was just
e3ecteci Comangssioneg and I have nvt yet hacl an apportunity to
work witl.i himo) Pag agreed that the commissioners were
reasonable people and suggested if they had any coracerns with
respect to SB 216, I should urge them to give hex' a call< It
vias beeause of this coneersation that IfeZt comfortable with
the suggestioxa in your letter f.e Bud Gates o that he eall Yber
if he had arly coneerns abotlt sB 216 0
gt ° s as sfanple as that o
bcc: Ed 0'Brien
0
4
MEMORANIDUM
'd'O: Van? 'II'ovvn Counca?
lF][8: Bob Ms]Lanarin, 'd'own Manager
DA: ,Ueaaae ll, 1994
RE: 'd'ovvea Manager's Report
Police Baailding gJpdate
]PIlease finaf ghe atgached Police build6aag budget. IIt refleets actaaal expenditures through May 10,
1994. Despite seeeral c}aange ordea-s, the pro,pect eontinues to be within the project budget.
'd'9ne nesv portion of the Police bnai9aiing add'etion fs substantiaIl@y cotnplete and we are schedulecf to
receeve the 'fl'CO oen Friciay, Jaane 3, 1994. Police personnel have begran packing in order to prepare
for the rnoee. We angicapate Bhas move wn19 begin the dveek of June 6, 1994. gn oa-der to facilitate
the move of fhe Police Dispateh, anci not to interrupt dispatch services, Dispatctn has been operating
out of the blaae van parked in the east parking lot. 1'his van has been provided by the Colorado
Highway PaQrol at a preirnimal eost. I expect the move to be cognplete and the Police Department to
be fuldy operational by June 10, 1994. Follownng the anove, the contractor well begin renovating the
old Police Depastgnent space. 'll'his phase off the corestructaon is scheduled go be complete nexQ
September.
T?ne origdrual desegn eontemp?atetl the constraaction off a covereai enta-y to the west entry of the
Maunacdpa? Bue?dirag. As vve have efiseussed, there were a rnaamber of problems with the originafl
design. These anc9uded the destraaction of the exdsting trees and disruption of existing office spaces.
lFenally, there were pu-oblems in dealing with the existeng entry go the basement.
I had the architect prepare another design which will provede a eovered entry and avoucl these
problems. Thns u?ew desigen as 6ess snnbstantaa? nrn nature ancf va~vill Ibe ffar less expensive to eonstruct.
It wi19, however, proeide a covereafl enta-yvvay to the west s6de of the buelding and create ghe "froeet
door" apgaearance requested by the PEC.
'd'he two alternatflve des6gns are attachetl to this Yneino. 'd'he staff's preferred a?ternateve is Seheme
A. I wfl9 have Qhe estitnatedl eost of this a9ternative for you at the 6/7/94 Work 5ession. Please
advise me as to how yoaa wish aaae to proceed weth this project.
Budget Update
We haee begaan preparing the Town lbeadgeQ for feseal year 1995. In 1994, Counei? agreed to change
from a trad'ational line lgem Ibuslgetang approach to prograari based budget. A program based budgeg
as mne that cle-emphasizes speeiffuc line atems and focuses on understand'eng the cost of varnoeas
0
programs (eode enforcernent, street maintenance, landscapfing anaintenance, etc.) gn fiscal year 1995
we wi?1 continue to raiove tovvard this program based approach. There w611 be, howeeer, changes
to the fformat of the budget document itself gt is my intention to make the TOV budget a
comprehensive policy docuaaaent. I aan preparia?g a memorandum outlining my approach and
phi?osophneaE base to a Ynunicipal budget.
Citizen Sua-vey
'Il'he 1994 Citizen Survey vvas maeled last vveek to approxianately 4,300 residents ancl businesses. 'd'he
survey is a compsehensive one aun attempts to eanderstand our eustoiners' needs anal desires foe- the
vareoaas services prov8cfesf by the Town of Vail. As in previous years, we are also trying to gauge
levels of satesfaetaon wiQh the services current?y provided. For your informatiorn, I have attachecIl
a eopy off the Sue-vey. I expeet the survey a-esults being back lby the Bniddle of June, 1994, and the
data vvelfl be able to be utnl'ezed as we prepare the fiscal year 1995 budget.
lF'oe-cf 1Parking ]Lot Update
As you are we19 aware, there has Ibeen signifucant protest by the Battle TYlountain High School staff
and stnadents against the 'd'owal's parking policy on Ford Park. The problegn arises from the fact
that the VRD softball tournauaient sontlicts with the Battle 1Vlountain graduation. This week I rnet
with lEric ]Frede9l to diseaass th6s matter. Ken Haaghey, 'g'om 3heely, anai L.arry Grafel also attended
this aneeting. Becaaase the softball tournament starts prior to the graduation, changing the parkirag
program woealcfl have no effeet on the graduation parking. Following our discussion, Dr. F'redell
agreed that given the circumstaaaces, oaar plaaa was a workable one. During the course of oexr
diseussion, we made severaG cIlaanges tteat would enhance the plan. 'd'hese chareges relate pe-imarily
to ?oading and aanloading, signage, ege.
I believe, given the conflict of these two events, our parking plara is the most workable solution
available to us. It as also my ennderstand'ang that now Dr. Fredell support our plan.
C:\TMRPf67.94
~~O A/(, -
POLICE BUILDIfVG BUDGET ~~cleiV,~D flAY 9 1991
BUDGET CURRENT ACTUAL UNDER
REVISED SINCE THRU (OVER)
4/01/94 5/10/94 BUDGET
Architect Fees 240,000 6,620 220,148 19,852
Architect Reimbursables 9,500 515 6,678 2,822
Architect Extra Services 28,500 1,688 26,562 1,938
Printing Costs 7,500 6,539 961
Testing - Soils 4,500 3,584 916
Testing - Concrete 3,500 30 1,621 1,879
Project Management Fees 43,000 3,000 31,690 11,310 Project Management Reimb 2,000 0 2,000
Surveying 4,415 4,095 320
Signage 5,000 285 4,715
Existing Roof Repair , 44,585 44,585 0
1lVest Lot - Clean & Restripe 1,000 0 1,000
General Construction GMP * 3,027,715 382,698 1,715,670 1,312,045
Construction Change Orders:
1 5,839 5,839
2 10,755 10,755
3 (287) (287)
4 (1,421)
Other 21,500 3,344 17,191 4,309
General Contingency: 55,114 55,114
TOTAL 3,512,715 397,895 2,078,648 1,435,488
Owner Supplied Items:
Electronics 45,956 504 4,077 41,879
Floor Finishes 27,700 0 27,700
Furniture 59,115 400 58,715
Communications Center 44,000 6,727 8,061 35,939
Telephones & Equipment 12,500 0 12,500
TOTAL OWIVER SUPPLIED 189,271 7,231 12,538 176,733 Total 3,7012986 405,126 2,0912186 1,612,221
" Retainage Equals 73,417
POLBLDBD I
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MEMORANDUM
TO: All Town Employees
FR: Bob McLaurin, Town Manager~
DA: June 3, 1994
RE: Community Survey
Attached is a copy of our 1994 Community Survey which is being mailed to registered voters and
business owners within the Town of Vail.. The suroey was designed by an independent research
firm with input from department representatives.
The results vvill be used to measure customer satisfaction levels and to help establish priorities
for the 1995 budget.
Please feel free to fill out the survey and share your own opinions about the Town's service
levels. Simply return the completed survey to Desiree Kochera in the Community Information
Office, either in person or through inter-departmental mail. .
We'll be distributing the results 4o you in the coming weeks.
If you have comments or questions about this project, please don't to contact me directly at 479-
2105. Thank you for your help.
C:\COMMSRW.MEM
TOWR1 OIF VAIIL COMMUNI[TY SNRVEY 1994
.
e9
TOWN UF VAIL
The following questions probe certain issues related to the adequacy arrd performance of the Town of Vail government.
68'e wou[d appreciate your response to the extent which you are able. If you /aave no opinion, or no knowledge of a
particular subject, please leave blank or indicate in the appropriate space. Incladed in the survey are two "insert pages "
pertaining to specific Town services. Please covnnlete the main survev fiirst then comnlete the inserts.
1. How do you rate the overall performance and responsiveness of the Town of Vail government?
POOR AVERAGE EXCELLENT
1 2 3 4 5
2. What ue the most common means you utilize to keep informed about local issues? (CHECK ALL THAT APPLY)
01) [ ] The Vail Trail 02) [ ] Vail Daily
03) [ ] Vail Valley Times
04) [ ] Local cable television
OS) [ ] Local radio
06) Attendance at public Town meetings and hearings
07) Mailings directly from the Town of Vail
08) [ ] Word of mouth/friends "
09) Individual contact with local officials and/or staff
10) [ ] None
11) [ ] Other (specify)
3• Which of the above is the MOST effective source?
_ (INSERT # FROM LIST)
4. To what extent, if any, are the following conditions a problem in your neighborhood? Use a scale of 1 to 5 with 1
being "No Problem" and 5 being a"Major Problem."
NO PROBLEM MODERATE MAJOR PROBLEM
Snow removal from roads . 1 2 3 4 5
Snow removal from walkways 1 2 3 4 5
Street disrepair (potholes, cracks, etc.) 1 2 3 4 5
Unsafe walking routes 1 2 3 4 5
Inadequate street lighting 1 2 3 4 5
Crime, sense of security 1 2 3 4 5
Speeding or reckless automobiles 1 2 3 4 5
Inadequate off-site parking 1 2 3 4 5
Inadequate enforcement of parking regulations 1 2 3 4 5
Trash/litter, abandoned vehicles 1 2 3 4 5
Neighborhood noise 1 2 3 4 5
Animals (running at large, barking) 1 2 3 4 5
Signs (street names, traffic controls) 1 2 3 4 5
Pollution from woodsmoke 1 2 3 4 5
Pollution from road dust 1 2 3 4 5
Lack of recreational facilities (bike paths,
parks, playgrounds) 1 2 3 4 5
Other: 1 2 3 4 5
5. Using a 1 to 5 scale, with 1 being "Poor," 5 being "Excellent," and 0 being "Don't Know" or "Haven't Used," how
would you rate the overall performance of the following services provided by the Town of Vail?
General Services and lihtaintenance of 1Paablec Areas HAVEN"r
USED/
DON'T
POOR AVG. EXC. KNOW
Snow removal/sanding of residential streets 1 2 3 4 5 0
Snow removal/sanding of frontage roads 1 2 3 4 5 0 Snow removal/sanding of sidewalks/
stairways 1 2 3 4 5 0
Street repair & maintenance on
residential streets 1 2 3 4 5 0 ,
Street repair & maintenance on
frontage roads. 1 2 3 4 5 0
Street sweeping 1 2 3 4 5 0
Street lighting 1 2 3 4 5 0
Maintenance of park areas 1 2 3 4 5 0
M[aintexeance and ConcHefnon of ]Penblic Beanldimgs/Facelities
NTunicipal buildings/facilities 1 2 3 4 5 0
Bus shelters 1 2 3 4 5 0
Public restrooms 1 2 3 4 5 0
Ice arena 1 2 3 4 5 0
Library 1 2 3 4 5 0
Visitor Information Centers 1 2 3 4 5 0
1Frequency and Quality of Bus Sys4eun
Frequency of:
In-town shuttle 1 2 3 4 5 0
Sandstone route 1 2 3 4 5 0
East Vail route 1 2 3 4. 5 0
West Vail route 1 2 3 4 5 0
Quality:
Bus driver courtesy 1 2 3 4 5 0 Bus cleanliness 1 2 3 4 5 0
Parking .
Amount of available parking in .
Village/Lionshead 1 2 3 4 5 0
"Reasonableness" of parking fee 1 2 3 4 5 0
Parking structure cleanliness 1 2 3 4 5 0
Booth attendant courtesy 1 2 3 4 5 0
Coupon/permit program 1 2 3 4 5 0
Speed of transaction at exit booth 1 2 3 4 5 0
COMMENTS ON TOWN SERVICES:
6. As a general policy, with which of the following statements do you most agree?
1) The Town of Vail should concentrate resources primarily on maintaining the present infrastructure (roads,
public facilities, etc.) and should not take on new projects or expansion
2) It is important to upgrade and expand the Town's infrastructure in order to maintain Vail's ability to serve its
citizens and visitors in a first-class manner
7. Have you directly interacted with the Community Development Department over the past 12 months?
1) [ ] Yes
2) [ ] No
8. Based on your experience or what you have heard, please evaluate the following aspects of the Community
Development Department. DoN"r
POOR AVG. EXC. KNOW
Hours of operation 1 2 3 4 5 0
Responsiveness to telephone inquiries 1 2 3 4 5 0
Development review assistance 1 2 3 4 5. 0
Zoning enforcement 1 2 3 4 5 0
Building permit plan review 1 2 3 4 5 0 .
Building inspections & code enforcement 1 2 3 4 5 0
Sign code enforcement 1 2 3 4 5 0 Restaurant inspection program 1 2 3 4 5 0
Art in Public Places program 1 2 3 4 5 0
" Environmental planning programs 1 2 3 4 5 0
Environmental code enforcement 1 2 3 4 5 0
Planning & Environmental Commission
review process 1 2 3 4 5 0
Design Review Board process 1 2 3 4 5 0
COMMENTS:
9. Rank the following priorities in order of their importance to you, with 1 being the project which is "most important"
and 5 being "the least important." All projects would be funded out of the Real Estate Transfer Tax fund. Due to
limited dollars, however, it.is important for the Town to know which of these projects are most important to you.
1) Acquisition of open space to protect environmentally sensitive areas
2) Acquisition of open space for future parks and recreation facilities
3) Pocket/neighborhood park development
4) Large park with community facilities designed to serve needs beyond the immediate neighborhood (i.e., Ford
Park, etc.)
5) Bike/pedestrian path development; expansion of stream walk east of Vail Village
10. 'Local government faces limited funds and must establish which goals are most important in the community's view.
Thinldng about the significant issues facing the Town of Vail over the next few years, please review the following
list and rate each item in terms of importance.
NOT VERY NO
IMPORTANT IMPORTANT OPINION
01) Preservation of open space 1 2 3 4 5 0
02) Provision of affordable housing opportunities
within the Town of Vail limits 1 2 3 4 5 0
03) Provision of affordable housing opportunities
outside Town of Vail limits
(Berry Creek Sth Filing, for example) 1 2 3 4 5 0
04) Regulations to control extent of new development .
and the number of dwelling units 1 2 3 4 5 0
OS) Air quality protection 1 2 3 4 5 0
46) Water quality protection 1' 2 3 4 5 0
07) Protection of stream flow year-round . '
in Gore Creek 1 2 3 4 5 0
OS) Water capacity to serve future
population needs 1 2 3 4 5 0
09) Improved handicapped access
to all public facilities 1 2 3 4 5 0
10) Solid/hazardous waste management 1 2 3 4 5 0
11) Preservation of view corridors 1 2 3 4 5 0
12) Maintain the unique alpine character
of the community 1 2 3 4 5 0
13) Enforcement of zoning, sign, building,
and environmental regulations 1 2 3 4 5 0
11. What other issues do you believe are very important for the Corvimunity Developmeret HDepartment to adciress?
12. The first responsibility of the Town of Vail is to provide for the health, safety and welfare of its citizens; the Town,
wheneyer possible, is also interested in allocating discretionary funds with'respect to quality of life issues.
NOT VERY ~ NO
IMPORTANT IMPORTANT OPINION
1) Expansion of tourism opportunities/
facilities in summer/fall 1 2 3 4 5 0
2) Expansion of tourism opportunities/
facilities in winter 1 2 3 4 5 0
3) Expansion of variety/frequency of special '
events for tourists and local residents 1 2 3 4 5 0
4) Expanded "regional" governmental authority to
address problems of the entire Vail Valley, including areas down-valley 1 2 3 4 5 0
5) Provision of affordable daycare
within Town of Vail limits 1 2 3 4 5 0
6) Construction of a performing arts center 1 2 3 4 5 0
13. What other community issues are very important for the '8'own of Wail to address?
14. 'Based on your ezperience or what you have heard, please evaluate the library in terms of the following:
DON'T
POOR AVG. E{C. KNpW
Range of services provided 1 2 3 4 5 0
Size of facility 1 2 3 4 5 0
Access to library (i.e., bus system,
parldng structure) 1 2 3 4 5 0
Hours of operation 1 2 3 4 5 0
COMMENTS:
15. How would you evaluate the police and fire protection serviees in the Town of Vail?
Fire ' POOR AVG. EXC. DK
Fire protection and response time 1 2 3 4 5 0
Fire code enforcement 1 2 3 4 5 0
Emergency medical services 1 2 3 4 5 0
Police
Neighborhood police service 1 2 3 4 5 0
Business area police service 1 2 3 4 5 0
Traffic control (4-way stop traffic direction) 1 2 3 4 5 0
Traffic enforcement (speeding vehicles, parking violations) 1 2 3 4 5 0
Attitude and demeanor of Vail Police
employees with whom I have had contact 1 2 3 4 5 0
Overall performance of Vail Police Dept. 1 2 3 4 5 0
COMMENTS:
16. How would you rate the overall performance of the following administrative/management functions of the Town
govemment? DoN°T
POOR AVG. EXC. KNOW
General administration (manager's office,
finance department, clerk's office,
personnel) 1 2 3 4 5 0
Responsiveness to public input/concerns 1 2 3 4 5 0
Information dissemination (newsletters, meetings, announcements) 1 2 3 4 5 0
Efficient use of tax revenues 1 2 3 4 5 0
Overall employee attitudes./friendliness 1 ' 2 3 4 5 0
Municipal court 1 2 3 4 5 0
Hours of operation of finance/cashier window 1 2 3 4 5 0
Sales tax and business license services 1 2 3 4 5 0
COMMENTS:
17. Do you support the concept of Park & Ride facilities being constructed in the Eagle Vail/Avon area, and/or Eagle and
Edwards, with transit to the Town of Vail?
1) [ l Yes, strongly support it
2) Yes, moderately support it
3) [ ] No ,
18. If such facilities were constructed, who should be responsible for funding and aclministration?
1) [ ] Town of Vail
2) [ ] Eagle County
3) Separate regional transit authority funded through a special district
4) [ ] Other: .
19. -Do you believe a regional transit authority should be created to operate the "Eagle-Gore Valley" bus system as part
. of a single coordinafed program, or do you support the cunent system of multiple local entities running their own
systems?
1) [ ] Prefer cunent system
2) Would prefer regional transit authority
COMMENTS:
20. Do you utilize the Avon/Beaver Creek transit system serving that area and Leadville? -
1) [ ] Yes
2) No (GO TO Q. 22) '
21. (IF YES) Please rate that system in terms of the following.
. POOR AVG. EXC. DK
Frequency .1 2 3 4 5 0 Cleanliness 1 2 3 4 5 0 •
Cost 1 2 3 4 5 0
Driver courtesy 1 2 3 4 5 0
22. How would you rate the importance of each of the following possible transit, circulation and parking improvements?
NOT VERY DON'T
IMPORTANT IMPORTANT KNOW
1) Construct a new parking structure at the site
of the West day lot (west of Radisson) 1 2 3 4 5 p
2) Construct a new parking structure at Ford Park 1 2 3 4 5 p
3) Provide capacity improvements at
. I-70 interchanges 1 2 3 4 5 0
' 4) Construct new vehicular underpass connecting
frontage roads at Simba Run area 1 2 3 4 5 0
5) Develop a car pool program with incentives
to participate 1 2 3 4 5 0
6) Expand routes and coverage of local transit system
within Town boundaries 1 2 3 4 5 0
7) Ezpand transit system linking Town of Vail with
azeas outside Town limits 1 2 3 4 5 0
8) Establish a Regional Transit Authority 1 2 3 4 5 0..
9) Improve loading, delivery & trash removal
facilities in the village core 1 2 3 4 5 0
23• Which of the above do you feel is MOST important?
24. Should a Town of Vail cemetery be constructed for $660,000 in Donovan Park (adjacent to the Matterhom area), with
future development and maintenance costs funded through the sale of plots?
1) [ l Yes
2) No (GO TO Q. 26)
25. (IF YES) How should construction of the cemetery be funded?
1) Out of existing Town of Vail revenues
2) A one-time mill levy of 1.87 mills (the estimated cost for a home with a market value of $100,000 would be
$24.00)
3) [ ] Other:
Please provide the following demographic information. Feel free to leave blan& any questions you are not comfortable
' answering. Again, surveys will remain anonymous. Please do not write your narree or address on this survey.
26. Where.is your residence within the town of Vail located? 01) [ ] East Vail 02) Booth Falls and Bald Mountain Road areas
03) [ ] Golf Course
04) [ ] Vail Village
OS) [ ]Lionshead 06) [ ] Potato Patch, Sandstone
07) Buffehr Creek, Lions Ridge, the Valley
08) West Vail (north of I-70)
09) ( ] Matterhorn, Glen Lyon 10) [ ] Intermountain
11) Not a resident of the town of Vail '
27. Which of the following categories best describes your residency status? .
1) [ ) Year-around Vail resident
2) [ ] Seasonal Vail resident 3) Owner of vacation property in Vail
4) Non-resident, owner of business or commercial property in Vail
5) [ ] Other:
28. Do you own or operate a business within the Town of Vail?
1) [ ] Yes
2) [ ] No
29: . How long have you lived at your cunent address (or owned your property, if a non-resident)?
1) Less than 1 year
2) [ ] 1-5 years
3) [ ] 6-15 years
4) More than 15 years
30. How long have you lived within the town of Vail (or owned property if a non-resident)?
1) Less than 1 year
2) [ ] 1-5 years
3) [ ] 6-15 years
4) More than 15 years
31. Do you own or rent your property?
1) [ ] Own
2). [ ] Rent ,
3) [ ] Other (specify)
32. Which of these categories best describes your marital status?
1) [ J Single 4) Couple, no children
2) Single with children 5) Couple with children at home
3) Single, children no longer at home 6) [ ] Couple, children no longer at home
33. -(IF YOU HAVE L`IiiLDREN) How many are in the following age groups?
„ 1) 0-5 yeazs
2) 6-12 years
3) 13-18 years
34. Including yourself, how many persons reside in your household?
35. How many cars are owned and kept at your home or place of business in Vail?
36. What is your primary method of transportation in the Vail area?
1) [ l Private car/vehicle 5) Hitchhike
2) Outlying bus service 6) Walk
3) [ l In-town shuttle 7) Carpool
4) [ ] Bicycle 8) [ ] Other: 37. Your gender
1) [ ] lViale
2) [ ] Female
38. Your race
1) [ ] African American
2) [ ] Native American
3) [ ] Caucasian
4) [ ] Hispanic
5) [ ] Oriental
39. Which of these categories best describes your age?
O1) 15-17 06) 35-39 11) 60-64
02) 18-19 07) 40-44 12) 65-69
03) 20-24 08) 45-49 13) 70 or over
04) 25-29 09) 50-54 14) Do not wish to reply
OS) [ ] 30-34 10) [ ] 55-59
40. Which of these categories best describes the annual
income of your household (before taxes)?
- O1) [ ] $0-6,999 O8) [ ] $50,000-74,999 '
02) [ ] $7,000-9,999 09) [ ] $75,000-99,999
03) [ ) $10,000-14,999 10) [ ] $100,000-124,999
04) [ ] $15,000-19,999 11) [ ] $125,000-149,999
O5) [ $20,000-24,999 12) [ ] $150,000-199,999
06) [ ] $25,000-34,999 13) [ ] $200,000-249,999
07) [ ] $35,000-49,999 14) [ ] $250,000+
15) Do not wish to reply
41. What is your occupation?
Please complete any of the insert pages which apply to you. Thank you for your participation in our research program.
17ae followfng questioras pertadra do specafac T'oevn of Vail servaces whic% you may have utilued drering the past year. Please
• respooacd do questions regarding those evhich you personally have used in the last year. Skip over those with which you
do hot have persoreal experierace at ehu time.
ILIIBRARY
1. Do you use the public library in [he Town of Vail?
1) [ ] Yes
2) IVo (GO TO NEXT SECTION--POLICE DEPARTIVYENT)
2. Do you personally hold a library card in the Town of Vail?
1) [ ] Yes
2) [ ] No
3. . In a typical month, how frequencly do you visit the library? . 1) [ ] Less than once
2) Once in a month
3) Two to four visits
4) Five to nine visits
5) [ ] 10 or more
4. On a typical trip to the library, how long do you stay?
1) Less than 15 minutes .
2) 15 to 30 minutes
3) 30 minutes to 2 hours • 4) More than 2 houLs
5. How do you typically get to the library?
1) ] Car . 2) [ ] Bus
3) [ ] Bike
4) [ l Walk
6. For what purpose(s) do you typically come to the library? (CHECK ALL THAT APPLY)
1) Read magazines, listen to cassettes, or use other library materials/equipment in the faciliry
2) Do research for personal, business or school projects 3) Check out books or other materials for use at home
4) Work, study, write letters, etc. in a quiet library setting
5) Use computer equipment available at library
6) [ ] Attend children's'functions/events
7) Attend seminars or meetings scheduled at the library or in meeting rooms across the hall
8) [ ] Other:
7. Would you like to see increased hours of operation at the library?
1) [ ] Yes (what days/hours?)
2) [ ] No
8. What suggestions or comments do you have about improvements for the library (services, facilities, programs, staff)?
9. - From the list below, please answer the following.
, A. Check the box if you have used, the service in the last year.
B. For those you have used, please rate the overall quality of the service on a scale of 1 to 5 where 1 means
"Poor" and 5 means "Excellent."
C. Choose five of the services which you would like to see expanded or impmved.
A. B. C.
Pjj~GR" CHECK IF IF USED, EXPAND/
USED IN PLEASE IMPROVE
PAST RATE (1-5) (CHECK
YEAR UP TO 5)
I1VF0RMA7'IOIV SEIPVICES
Business Information (for example, Momingstar NTutual Funds)
Reference Materials on CD-Rom . Consumer Information '
Personal Computers for the Public
Public Access Catalog
Online Database (lYTarmot, Uncover, CARL, ERIC, etc.)
Consumer Information
Ready Reference/Research Telephone Service
C'HILI)~hl'S .41~II~ 1'Ot17'l~ SER~/ICES ~xx#
Story Times and Summer Reading Program
Children's 1Vlaterials--Books, Videos, etc.
Electronic Children's Books
Information for School Assignments
ADULT REClPEAT'IONAl, SERVICES #m#
Books, Videos, CDs, Checkout
Adult programs--Adventure Speakers Series, Author Appearances
Magazines and Newspapers
Books on Tape, Other Audiotapes
Tape Decks, CD Players, VCRs (in-house)
Other (please identify):
GENERAL SERVIC'ES *~x~
Copy Machine
FAX Machine, Modems, AV Equipment Checkout, Income Tax Forms,
Typewriters (circle relevant items) '
Quiet Reading Space
Meeting Room
Communiry Display Space
Book Drops at Additional Sites
Interlibrary Loan
Other (Please identify):
II'O1Lfi'CE IIDEPART'1Y21EN7['
10. Have you had any direct contact with the Vail Police Department in the past year?
1) [ ] Yes
2) Wo (GO TO NEXT SECTION--COIVTMUNICATIONS)
11. (IF YES) What was the nature of your most recent contact?
1) I called to report an accident not involving me
2) I was involved in a motor vehicle accident
3) I was the victim of a crime
4) I was a witness to a crime or incident
5) I requested information from the police department
6) I was interested in crime prevention seminus
7) [ ] I was arrested 8) I was issued a citation 9) I was involved with the police department in another matter (specify): 12. In that most recent contact with the Vail Police Department, with which section(s) did you PRIMARILY.interact?
(CHECK ALL THAT APPLY)
1) [ ] Dispatch
2) [ ] Records/Clerical
3) [ ] Patrol 4) [ ] Detectives
5) [ ] Code enforcement/safety
6) [ ] Crime prevention
7) [ ] Administration
13. Based on your most recent contacf with the Vail PoIice Department, please rate how the department employee
performed in the following areas.
POOR AVG. EXCELLENT n/a
Concern 1 2 3 4 5 0
Helpfulness 1 2 3 4 5 0
Knowledge 1 2 3 4 5 0
Fairness 1 2 3 4 5 0
Problem solving 1 2 3 4 5 0
Putting you at ease 1 2 3 45 0
Professionalism 1 2 3 4 5 0
Response time 1 2 3 4. 5 0
Quality of service 1 2 3 4 5 0
14. What suggestions do you.have as to how the Vail Police Department can improve the quality of its service and
operations?
COI!"NfUN][CA'II'IIONS/INFO]EtM[AT~ON
15. Did you phone or visit the Town of Vail offices during the past year to request information, offer an opinion, make
a complaint, etc?
1) [ ] Yes
2) [ ] No (END SURVEY HERE)
16. (IF YES) Which department(s) did you contact?
01) [ ] Town Manager 02) [ ] Town Clerk
03) [ ) Finance
04) [ ] Community Development
OS) [ ] Public Works ,
06) [ ] Transportation
07) [ ] Police 08) [ ] Municipal Court
09) [ ] Town Attorney
10) [ ] Fire
11) [ ] Community relations
12) [ ] Mayor's office '
13) [ ] Town Council
14) [ ] Library
17. Were you satisfied with the manner in which your contact was handled?
1) [ ] Yes
2) [ ] No (please explain)
18. Did you request a follow-up action by the Town or department in relation to your inquiry?
1) [ ) Yes
2) [ ] No (END SURVEY HERE)
19. (IF YES) Was that action completed to your satisfaction?
1) [ ] Yes ,
2) [ ) No (please explain)
~ I - j,~,. r.. K•:.. c~sd!/ i~~ ~~C~/~
P.O. Box 249 / 750 Eagle Road Minturn, Colorado 81645 (303) 949-4490
d
Dr. Erik S. Fredell - Principal Mr. Gerald Schmidt
Ms. Ronda S. Woodall - Assistant Principal ,Ms. Judy Caligiuri
Mr. Robert Isbell - Athletic Director Guidance Counselor
~V~ g~y 11
~6ce/ V&D
'IO. Vail Town Council Members ~'/A y 2
Vail Town Manager ,1994
Vail Transportation/Parking Manager
FROM: Battle Mountain High School Staff
DATE: May 26, 1994
RE: Parking Charges at Ford Park Lot----yQ
We, the undersigned staff inembers of Battle Mountain High School, request
that you reconsider your decision to charge $2.00 for parking at the Ford Park
dirt lot on June 4, 1994, the date of our graduation ceremony. While we
completely agree that parking along the Frontage Road in that area is both
dangerous and undesirable, we do not believe that your decision to charge for
parking is in the best interest of our community, given that those attending
are local graduates, parerits and relatives, and school district employees.
We suggest that a better approach would be to allow free parking at the Ford
Park lot on a first come, first served basis, with latecomers being directed to
the Parking Structure by appropriate signs. Those choosing to park along the
Frontage Road could be ticketed.
Thank you for your serious consideration of this request.
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