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Home My WebLink About1994-10-11 Support Documentation Town Council Work Session VAIL TOVVIV COUNCIL WORK SES$ION II UESD{"i ll y OC0OBER 11, 1994 12.00 P.M. IIC1 TOtl CO'VltlCIlL CHPYtlY1BGRS P1V7ENDP9 1. PEC Report. 2. DRB Report. 3. 1995 Budget Overview. # Heavy Equipment Fund * Public Works * Facility Maintenance 4. Executive Session - Negotiations. 5. Information Update. 6. Council Reports. , 7. Other. 8. Adjournment. NOTE UPCOflflING MEETING Sl'ART Tlfi/1ES BELOV1/: (AlL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) 0 s 0 0 0 0 0 THE NEXT VAIL TOIfl1N COUiVCIL REGULAR 1A/ORK SESSION WILL BE OPd TUESDAV, 10/18/94, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOVNING VAIL TOVNN COUNCIL REGULAR VUORK SESSIOiV WILL BE ON TUESDAY, 10/25/94, BEGINiVING A7 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOVVN COUNCIL REGULAR EVENING flAEETING WILL BE 0N 7UESDAV, 10/18/94, BEGINIVING AT 7:30 P.M. IN TOV COUNCIL CHAHflBERS. WC~Qn WILL BE ON-T~RSDAV, 10/12/94, BEGINNIPlG AT 1:00 P.M. IN TOV SiVi. CONFERENCE ROOflfl. VAIL TOVUN COUNCIL SPECIAL 1A/ORK SESSIOPI/BUDGE7 VAIL T01A/N COUNCIL SPECIAL VVORK SESSION/BUDGET WILL BE ON THURSDAY, 10/13/94, BEGINYVING A7 5:00 P.M. IN TOV COURICIL CFIAnABERS. VAIL TOIA/N COUNCIL SPECIAL WORK SESSION/BUDGET WILL BE ON THURSDAY, 10/20/94, BEGIIVNING AT 5:00 P.M. IN TOV COUNCIL CHAflABERS. • ~ ~ ~ • • • 0 VAIL TOVVN COUNCIL WORK TUESDc4V, OCTOBER 91, 1994 12:00 P.M. IN TOV COUNCIL CHAMBERS EkPANDED AtaEP9DA 12:00 P.M. 1. PEC Report. Mike Mollica 12:15 P.M. 2. DRB Report. George Ruther 12:30 P.M. 3. 1995 Budget Overview. 12:30 P.M. a. Heavy Equipment Fund Larry Grafel Todd Scholl 1:00 P.M. b. Public Works ' Larry Grafel Susie Hervert * Engineering/Administration ' Greg Hall * Streets Jim Hoza * Parks Todd Oppenheimer 2:00 P.M. c. Facility Maintenance . Larry Grafel Andy Anderson 4:00 P.M. 4. Executive Session - Negotiations. Tom Moorhead 4:30 P.M. 5. Information Update. 4:40 P.M. 6. Council Reports. 4:50 P.M. 7. Other. 4:00 P.M. 8. Adjournment. NOl'E UPCOiUiING MEETING STAFiT TIflAES BELOIA/: (ALL TIMES AfiE APPROXIMATE AND SUBJECT TO CHANGE) 0 0 0 0 0 0 * THIE NEXT VAIL TOUVN COUNCIL REGULAR WORlC SESSIORI WILL BE ON TUESDAY, 10/18/94, BEGINNING AT 2:00 P.M. IN TOV COUIVCIL CHAMBERS. TFiE FOLLOIfl/ING VA1L T01NR1 COUPJCIL FiEGULAR ViIORK SESSION WILL BE ON TUESDAY, 10/25/94, BEGIIVNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. YOiE NEXY VAIL TOlA/N COUNCIL REGULAR EVENING flAEETING WILL BE ON TUESDAY, 10/98/94, BEGIiVNIIVG AT 7:30 P.nN. 1N TO!/ COURICIL CHAMBERS. VUOWN COUNCIL SPECIAL UVORK SESSIOId/EXECUTIVE SESSION WILL BE ON De4Y, 10/12/94, BEGIIVNING AT 9:00 P.M. lN TOV Sllfl. CONFERENCE ROOM. VAIL TOVlIN COUNCIL SPECIi4L VHORK SESSIORI/BUDGET WILL BE ON THURSDAY, 10/13/94, BEGINNItdG AT 5:00 P.M. IN TOV COUMCIL CHANiBERS. VAIL TO1AlW COUNCIL SPECIAL 1NOR1( SESSION/BUDGET WILL BE ON THURSDAY, 10/20/94, BEGINNIIVG AT 5:00 P.M. INl TOV COUNCIL CHAflflBERS. • • ~ • • • ~ C:WGENDA.WSE 1 PLANNiNG AND ENviRONnnENTAL connnnessioN October 10, 1994 AGENDA Proiect Orientation/Lunch 12:95 p.m. Site Visits 9:00 P.M. Frederick 44 Willow Place Drivers: Andy and Jim Public Fiearinq 2:00 p.m. 1. A request for a conditional use to allow for three employee housing units to be located at 44 Willow PlacelLot 9, Block 6, Vai{ Village 1st Filing. Applicant: Jay Peterson Planner: Andy Knudtsen 2. A request for a setback variance to allow for GRFA to be located in the front setback for a proposed structure at 2840 Basingdale Boulevard/Lot 4, Block 9, Vail lntermountain. Applicant: Daniel Frederick Planner: Andy Knudtsen 3. A request for an update on the conditional use permit approval for the tent to be used for the Vail Associates ski school to be located south of the Lionshead Center Building/Tract A, Vail Lionshead 3rd Filing. Applicant: Tim Kehoe, representing Vail Associates Planner: Andy Knudtsen 4. A request for an update for a major amendment to the Glen Lyon SDD to allow for a~ revision to the master plan to alfow for the expansion of the Glen Lyon Office Building located at 1000 South Frontage Road West/Area D, Glen Lyon SDD. Applicant: Calumet Federal Savings and Loan Associates of Chicago, represented by Pierce, Segerberg and Associates Planner: Andy Knudtsen TABL.ED TO OCTOBER 24, 1994 5. A request for front and side setback variances to allow for a new residence to be located at 1788 Alpine Drive/Lot 11, Vail Village West 1st Filing. Appficant: Thomas Theys Planner: Jim Curnutte TABLED BNDEFINITELV 1 ` 6. A request for a setback variance to allow for an expansion to the residence that would extend to within 4.7 feet of the property line at 4295 Nugget Lane/Lot 7, Bighorn Estates. Applicant: Margaret Gross Planner: Randy Stouder WITHDRAWN 7. A request for a worksession for a Special Development District and a major CCII exterior alteration to allow for the redevelopment and expansion of the L'Ostello Lodge located at 705 West Lionshead Circle/Lot 1, Block 2, Vaii/Lionshead 3rd Filing. Applicant: Alien, Inc./John Dunn Planner: Randy Stouder TABLED lNDEF1NITELV 8. Approve minutes from September 26, 1994 PEC meeting. 9. Council Update: •Open Space text amendments. 10. Vail Commons Update. , 2 : . DESIGN REVIElIV BOARD AGENDA October 5, 1994 3:00 P.M. PFiOJECT ORBENTA'T10N 12:00 - 9:30 p.m. General discussion concerning landscaping in easements with Fred Haslee, representing Upper Eagle Valley Water and Sanitation District. SITE VISUTS 9:30 - 3:00 p.m. 1. Steadman - 1303 Spraddle Creek. 2. Brown - 1330 Sandstone Drive. 3. Vail Associates Ski School - Lionshead Ski Base. 4. Sundial - 5040 Main Gore Rlace. Drivers: Andy and Lauren 1. Indian Creek #4 - Final review of a new single family residence. JC 1139 Sandstone Drive, Indian Creek Townhomes/Lot 3(A1), Block A, Lionsridge 1 st Filing. Applicant: Mike Lauterbach MOTION: B. Borne SECOND: S. Brainerd VOTE: 5-0 Approved with conditions. 2. Vail Golfcourse Clubhouse - Parking lot redesign. JC 1778 Vail Valley Drive/Lot 3, Sunburst Subdivision 3rd Filing. Applicant: Vail Recreation District IVIOTION: B. Borne SECOND: S. Brainerd VOTE: 5-0 Approved with conditions. 3. Vail Associates Ski School - New tent. AK Lionshead Ski Base/Tract D, Vail/Lionshead 1 st Filing. Applicant: Vail Associates represented by Tim Kehoe. MOTION: B. Borne SECOND: S. Brainerd VOTE: 4-0-1 (Allison abstained) Approved with conditions. 4. Stu Brown/Les Lerner - Conceptual review of 12 New Townhomes. AK 1330 Sandstone Drive/Lot G4, Lionsridge 2nd Filing. Applicant: Stu Brown MOTION: SECOND: VOTE: No vote taken - conceptual review only. ~ 5. Steadman - New single family residence. AK 1303 Spraddle CreeWLot 11, Block 1, Spraddle Creek Estates. Applicant: Dr. Richard and Gay Steadman MOTION: B. Borne SECOND: H. Woldrich VOTE: 5-0 Approved with conditions. 6. Sundial - Garage doors on carports. RS/LW 5040 Main Gore Place/Sundial Condominiums Applicant: Mark Matthews/Slifer Management MOTION: B. Borne SECOND: H. Woldrich VOTE: 5-0 Approved with conditions. 7. Apostol - New primary/secondary residence. RS/AK 1828 Alpine Drive/Lot 16, Vail Village West 1 st Filing. Applicant: Peter Apostol Tabled to October 19, 1994. 8. Landmark Condominiums - Eritrance. GR 610 West Lionshead Circle/Landmark Condominiums. Applicant: Geoff Wright MOTION: SECOND: VOTE: , Tabled to October 19, 1994. 9. Lambert - final review of single family residence. JC 2119 Chamonix Lane/Lot 12, Vail Heights. Applicant: Ronald Lambert MOTION: SECOND: VOTE: Tabled to October 19, 1994. 10. Cappy - 250 request for an addition. GR 166 Forest Road/Lot 8, Block 7, Vail Valley 1 st Filing. Applicant: Michael Cappy, represented by Bill Reslock r MOTION: SECOND: VOTE: Tabled indefinitely. MEMBERS PRESENT MEMBERS ABSENT Mike Arnett Bob Borne Sally Brainerd , Hans Woldrich Allison Lassoe (PEC) 2 A ^ • STAFF APPROVALS Simba Run Resort - Install in-ground hot tub on existing deck. LW 1100 North Frontage Road/Simba Run Resort. Applicant: Simba Run Resort Dreifus - Deck addition. LW 5020 Main Gore Place, #M-2/Lot M-2, Gore Creek Meadows. Applicant: Steve Dreifus Krohn - Addition of two skylights and site improvements. RS 2771 Kinnickinnick Road, Unit E-7/Columbine North Condominiums. Applicant: Mike Krohn Krohn - Internal 250 request. RS 2771 Kinnickinnick Road, Unit E-7/Columbine North Condominiums. Applicant: Mike Krohn Olson - Addition of bathroom and storage room. JC 1819 Meadow Road/Lots 13 and 14, Buffehr Creek. Applicant: NealOlson Golden Peak House - Addition of one exterior door and conversion of the Bellezza JC retail spaces from two shops into three spaces. 278 Hanson Ranch Road/Lots A, B, and C, Block 2, Vail Village 1 st Filing. Applicant: Raunda Ryan Sears - Replace cedar shingles with asphalt shingles. JC 1498 Springhill Lane/Lot 16, Block 3, Vail Village West. Applicant: Francine Sears Plata Jeweler - New wall sign for store front. LW 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead 1st Filing. Applicant: Plata Jeweler Young/Munch - Changes to approved plans. GR 2517 Arosa Drive/Lot 4, Block D, Vail Das Schone 1 st Filing. Applicant: Brent Young ' Fauland - Add a space of 1 foot x 22 feet of GRFA. AK 1711-A Geneva Drive/Lot 5, Matterhorn Village. Applicant: Carl Fauland 3 WS i b,( I• 44 odh49. ~ 3 , PGM~URLJ WORKS & TRANSPORTATION DEPARTMENT OUTLINE OF PRESENTATION 1. A PERSPECTIVE 2. SCOPE OF SERVICE DELIVERY 3. ISSUES . 4. PERSONNEL CHANGEv7 S. THE G000~ BAD & UGLY • , LIC WORKS & TRANSPORTATION DEPARTMENT D D A Ar ERSPEC Ti V B • LARGEST DEPARTMENT > 52o6% OF EMPLOY~~~ ~ ~ ~ ~ ~~~~TWE • RESPONSIBLE FOR 51 % ~F TOV BUDGET > 24% ~~~~RAL FUIVD E)CPENDITl1RES > 26.3% OF CAPITAL FUfVD EXPENDI1°URES D THIRD ~EVEtVUE GEIVERAT'OR * APPROX $2 MILLIOIV FROnA Pi4RECItVG * 7.8% ~OTAL TOV RE\/EiVIJES , _ L, WORKS& TRANSPORTATION DEPARTMENT FACIL6TlES Pa4RKS 1700% 3e3% STREETS 1401% ~ ADM I IV/E (VG P ARK ING 0 4 0 6 20a50/ a FLEET (VIAINT 1 800% TRANSIT 22e6% , Department Tota9 Budget $9,632,352 - U. LIC WORKS & TRANSPORTATION DEPARTMENT D . C PE OF SER VI CE DELI VERYI , ~ an~ MAaNTEMANCE 0 250+ Vehicles & Equ6pment (PRVe $ 8.2 Millaon) 0 $55 Msllu~~ ~~rth of TOV Fac¢la$ie~ ~ 45+ Miles of Staeets and Roads ° 12o2 M9les o$ B9~~ ~~ths/Lanes ° 200+ FloweP beds af1d GardeP6S ° 17 PaB°ks & 14 Acres of Mon°~ark TuB'~ ~ 56 Se, ate Irr6gation Systems ~ ~~reet Lughts 0 19139 Street Sagns 0 Hauled 30,276 CY of Snow (1514 Dump T'ruck Loads) 0 Laid 856 Tons of Asphalt 0 Strung b2o3 Msles of Cha°estrnas Lights 0 8459352 sf / 2400 VehicOe Parking Structure , - - ~ 109 Trash Receptacles - . ~ 8 Publsc Re~trooms . PUBLIC WORKS & TRANSPORTATION DEPARTMENT D DSCOPE OF SERVICE DELI VERY/ / ° ~~R=E 0 C~arroed 3e2 Mil66on Passengers on TOV Buses 0 Conduc4ed 453,565 Parking Transact6ons ° 1200 HOurS o$ TB'anSpoi'ta$@on fOr SpeClal EV@81tS ° Obtaaned $1 Mi9Beon sn Federa9 Bus Grants ~ PROJECTS 0 Gore Creek Promenade 0 Brudge S$reet/~~~ CreeP~ Dreve Over6ay 0 Chapel Braelge 0 Bug Hoa°n Road Overlay 0 Big Horn Park Wetlands Mit6gation 0 Ted Kondel Park . ~ ~~arter Bus Lot Chep Seal 0 Dowd ~unctlon Beke Pafh Phase I p Constructed 1/2 Mile of Bike Lane irt 1Nest Vai9 p L, WORKS & TRANSPORTATION DEPARTMENT v v epSSUES v v 0 Comp9aance With Faar Labor Standards Act 0 Imp9ementataon of P /T Facility Master Plan 4 Street Reconstructaon & Improvement Plan - 0 Managang Engeneerang Project orksoad * Bncreases an Street & Roads Maintenance * Funding ifor Transit Fleet ? Lsonsridge Loop Bus Servace , ? Departmen$ Uniforms . , ; - PUSUC WORKS & TRANSPORTATION DEPARTMENT D D PERSONNEL CHANGES B D ENGIB Va ~~RM a50 Co0 9struction Inspecto9 > STREETS 1.66 SnoW Crew D 0.50 Hvy Equip Oper D (0o58) Mtce rkr/Trash D PARKS (0o50) Landscape Arch > TRANSPORTATION (0046) Admin CIk ~ > 1.00 Admin Secy > (0o11 ) ~~s Host > (2o68) Seasonal us Drvr > 3.00 Bus Driver FACILITY MAINT 0.08 Maint VUrkr I/Janitor D> NET INCREASE 2041 FTE ~ - ~i PUBLIC WORKS & TRANSPORTATION DEPARTMENT THE _"~~~D., BAD & UGLY 1I ~ GOOD 0 FocR~s an Programs _ ° Focus on Results ° r~~~~~ an ~~~~~~er 0 Puts Tvust & Confidence Back Wsth epartment Dorectors 0 Provades Freedom & Flexibslsty to Accomplish Mission (s) 0 St'muiates Innovation, Employee Involvement sn Serv8ce De59very 0 Shsfts Focus from Line Item Management 0 Requires Knowing oaWhat 9t Costs°a To Provede Servs~~~ 0 Mvo9ves All Dovisions in udget Development ° BA Q TOSOflAE oa ~ . ° h°s New ° R°s Dsfferent 0 It Doesna°t Feel ood 0 Is Thi's The ay ver°nrnent Should Operate? ~ UGLY . 0 The 5 MONTHS It Took Erreryone To Put This Budget Together OCT 10 194 1=:24 FROM ARNOLD PORTER PAGEe082 f s ~ . , I e DRAP9 ~ TABIE OF° CO S ~ %o %ngroduct ono oaoaoooovoeaooooo000000oooooaoooooo g A. ~~~dic ~q Pe~ a.~d High Us~ Periodsooooooaooa 3 D. Measaarbng Pea]c and xigh Use Periods o a e o o e> o o e o 3 ~ C. 19,900 5A0T as a Beri k of Capacity e a e e e o 0 0 4 D. Managianq Peak Periods By Use of Control o>vaoo o o>aoaeooe°o0 wTgers00 ooee 5 ' E. Xoxnitoring or Adjusting the Pea}c Xa.nageuLent PrOgramooeooooovovoevo mosooeooooveooooo0000o 5 Fo Parta,cbpagbora By other~ art ies o e a e e e e a ole e o e1 6 G. Expagadang Peak Xanaqement to t~e Noaamwinter seasoraoovooaoaoooooooovovo°e°ooevoaaevoooavaoo C %g o Encougagiaag ViSitation Dlring 8donpeals Periods o e o 7 A. vA Responsibilities Nonpeak Periodsoooooe°o 7 B. TOV Respansibilities Nonpeak Peri.ods eoo°oao 9 YY%e Controllang the Christmas (D~cember 26~ ~cember 31) Peak Pergodooooooeoa<evovooooavooooo 8 A. Tier %ooooosoooova evooo oovoooo°ovoooooooooao 9 B. Tier e Addatbonal Christmas Peak maxa~gemeag Pqeasures ooooovoovo<ooaoavoovevavao 12 ' . C. Tier I%%voovoava>ooooooaoosaooooeaosoavavoooe 13 IV o Cantrol.].ing Hiqh Saason Visit~~~on e o 0 0 0 0 0 o e o 0 0 o 14 A. Tier aoooooaooo°o°ooooooeo°ooooooooaee°aeae.e 14 B. Tier IIa Addgtaonal %iiqh Seasora Management Meastaresooaovooooo°oa<a<voosooaoaoooaoooooooools C. Tier I%Yso<voe°ovovoeeoaoovooaooooooeoaesavee 19 V e TOV Aglvcataoaas of Lift Tax Revenues o> o o a o 0 0 0 0..0 20 VIa Moxaitoring/Assessmengsoeee<eeeeee.°o........ o... 20 Vlao Modbgacations 20 Peak Asanaqement Aqreenent o e e..e 23 OCT 10 1j4 1::24 FROM ARNOLD PORTEW PAGEe003 10/10/94 DPAIPT ~ DZSCUSSION DO TOWhL'f OF VAIL/VAIL ASSOCIITES Mor= TO MANAGE P= PERIODS 1. %P1trOductloY3 0 Town `of Vagl ( "~~i90 ) arad Vail Assacaates e (°oVA°Q ) bath recagaaize the bmportarace of providiag Vaa.l °s guesgs and residents with ihe highest qta].bty experienceo As ~art of this goal o'I'OV and VA are striving to b~~ter balaaace the levels of visitation between and withira the different seasons so that Vail can become a anore geag-round gesorto ora the one laand p gt bs noranal to see peak peri.ods durir1g Chgistmas, Presiciegits° Weekendo and the 4th of July Weekend when the ~~rrying capacities of the communitv and tae aaouratain are occasionally pushede Soffietimes these peak periods are accoffipanied by a high iaaflux of cars otraffic, and pagkagag probbems all of whbch can comproffiise the quala.ty of the vail experienceo On tlie other hando there are pegaods of 1ow to moderate use when the ing~~~tructure, effiployment base, and economic opp0rttasiities of the commuraigy are underatblazeda Taus o one of the key challenges for TOV and VA walg be go b-mplemexat a series of managemeat, marlcetingp and devebapmesat ge~~icpies in a caordiaaated fashion to OCT 10 'C-4 i~:24 FROM ARNOLD PORTER 7'nGC.004 e ~ m Y 4 hebp pgomoge skber vasgtation durarag the nonpeak peggodse E~sential to £his and will be Category 111, which wotald ensure more reliable early a%lcl rlate seasons fog the c~~unbgyo At the same time, TOV and VA will need to eaasure generalIy.that the casrybng capacity of the cormunity a~~ ~ountain are aaot exceecieo3 durinq , peak demando TOV and VA have ffiade notable stra,des in past yeags go beggeg control and manaqe such peak day expeggences o Acgual peak day periods have declbned . d-ugbng recent years and the growth whicli has occurred has been contained in traditionalgy nonpeaDe seasons o certain pregrams have helped to ease the impacts ot tragfic and parkbaag ( Io go , the Holiday Trarasportatiora and Pagkixng Pgan) or go ensure mose coffifortable skiing ore the Mountagn (eo~o o VA°s nmanage to°9 skier capacaty program) o staildang on these p~~t measures, 'I'OV and VA now wish to expand and formaba,ze their ongoaaag dlascussions thgouqh a anose compgehensive peak manageanent plan that will esasuge that commbagiity cas~ing capacities are nat easceededo sucka a pban cou1d be bncorporated wit.hin the gegaegal 0°manage to°° fgamework ghat has been used by the FAICeSt Se8'vSceQTOV paxid V~ as ~art Of VA° 6 1986 Sp@CiSb U xe Perm3.to And sLlch a pZsiS%d will pro`ii@ g0 be coffiplemexitary to the successful ampl.effientation of OCT 10 '94 1"::25 FROM ARNOLD PORTER 005 I e g _ ~ ; cate~ory aag whgch has the backgng and support of TOV and VAa A. Predi.cting Pea& an&Fiigh LTse Periodso Predactgng peac periods a~d m~aging ~e ~pacts associated wath easitog use as often coffiplicated by factog~ whgch are beyond TOV and VA° s coaatrol o Unpredactabl~ ~~ather eventso tgaffac accadeaats, unrebaable sno-d condigians, and other events can exacerbate the visatog expergence in spite og the best laid planso id~~~rthelessa based on past experiences, 'I'oV and VA are in a better posgti.on now to a%lticipate peak Visigagions (both on the Mountain and i.n the Towri) and to ffianage these periocis Qo the satisfaC'gi.on of guests and gesadents alakeo Pasg experienee has shown that the ti.ffie periAd mast likely tA reach peak vgsitatgaaa accurs between Deceaber 26 and December 31e In addition, greater than avesaqe ("high useBO ) vbsatation also occurs an Pgesiderxts° Weekend and on SOffie weekend5 betWeeYi ti@ third week og Febguary thgough the end of 1Karcho B. Neasuring Peak and High Use Eeriodso As a geaneral matgego t.he aaumbeg of 9Ps}ClerS°at-one-timeoa ( P0SAOT00) has beeaa agood benchmark for preda,ctgnq when casryanq capacgty is exceededo Because VA has excelbent past gecords regarcii.ng skieg vbsgts and no~ can grack skier numbers on a OCT 10 124 15:25 FROM AaNOLD PORTER '~ti~~•~~~ , e ~ e relatively instantaneous basas (through its bar codinq sy~tem), SAOT is a convenaent, usually reliable b$bdbCatOg'o 'a'0V a81d VA g@cOgnid~ that S°AOT w.9.lg 1'10t alPr3ays Seggec$ C0mmungty 2,I[tjJaCtS ak3d tSbBS ACCasiOYlal~y must be weg~~~d wbth; other relevant factorso For example, ig a majvg convention, a world champaonship eveaag, og otheg specaab event were to occur durizag the nAnpealg ski season, bmpacgs to the Town might be sggnificang in spige ag lbght skbeg use oaa the mountaino convegseAy, bg gew skiegs carpool or rely An mass tgansitp tgaffic-associated probgems may be seeere in spgte Ag xelatgvely liqht occupancy rates at l.ocal bedqes og gaumbegs of skiegs on the mountaino Whble these analytical liffiitations need go be apprecaatedp SAoT is sgill the best and easgest iaadacator of when t~~ ~own and P~oungaan are nearing capacity durinq tae ska seasono C. ~ 9 0 o S~oS~ as aBenehmar}c of C_aRacitv e In the past, the fbquge of 19 p 900 SAOT has been judged to be a vala.d bexachmark of ~arrygnq cagaacbty during the winter seasono The 19, 90A ~~O.T was analy2ed and accepted ~y the State of Colorado (through the Departmeng ag Hiqhways) aaa 19a6 and subsequently was sup~orted ~y the Uraited stmt~r. Fosest Servace and TOvo As agenegab matter, at 19,900 SAOTo trie Tzldra is nearinq OCT 10 194 177:33 FROM ARNOLD PORTER "A;E°001 capacity partacugasly wgth gespect to transportation and parkingo D. Mai3 Pe riods U e o Cont uvrd+, aa FrOm the perSpeCtlve Of S~LBV and VAo bt aS+ bmportant that the comunity maDce efforts to discotlgage skaer visats above the 19,900 SA0T threshold and to iffipbement a peak manag ent program which taouqhtfully contro3.s such periods while hopegully providinq the reqaisite encouragebaent to visitors to wi.sit Vail ciuri~g the noaapeak pegiads o To ghas end, Tov and vA are explorinq actively a formal aggeemeant whicga will bderatigy the respective responsibilities of each to ensure tbLat peak visitatio~ remains within the gimits af the carryinc3 capacity of the community a Undeg review are a series og 00tiers" whir.h will help to address peak managemento These tiars would be implemented seqaentgagly ghrough a fomal agreement by TOV and VA and perhaps Eaould be incorporated into VA' s special rx~~ ~ermit (as Pelated to Category 111) witri the Uaabged States FArest Servicee E. onitoring or bAjustfna the Peak Manaaement r_K2_cM=o An important component of the peak managememmg plan would be a co~~rehensive monitorinq system sur,ka as that outlined iaa sectign Vp belowo to determine how well pea}s pergods are identgfiedp which coffiponents of the OC' .0 194 15:34 FROM ARNOLD PORTER PAGEo002 e ~ o ccmmunggy's bnfrastrUcture are b6ing stressedp whetller the ffiitggagion and growth manageuent ffieasures are wogkanqo and whether other management gools ffiight be more efgectavee ToV and eA recognize that any agreement must be a dynamic artd evolving o Both parties anticipage pegiodic modigications t~ measures listed 3ra the planp as set gorth in SeCtion Vg, belowo F. Pa~iciRation Bv other Parties e TOV and VA Wall agso seek the cooperati,on of ottaer partges wkaich age pastgy responsible for grotathare].ated issues (the resort associagions, cYiambers of commerceolodgtirtq associataons, and otaegs) in supporta,ng t.he measures contained ia these progr o Such participation could be agndertacen on avoluntary, informal basa,so G. ExManding Peak 1K nagement to ttie Non-winter sone TOV gecogngzes that adcliti.onal measures will also be needed to contsob peak and high use periods during the non-skb season (pag., July 4weekendo Ii.abor Daya Ruggegfesg, etce ) o These non-ska rel.ated periods will be eqaably csitgcal to ensuring the qualbty of the Vail expesiexaceo While T6V ffiust have the pri'mary role bn manaqbng non-ski season growth, VA pledqes bts cooperation. OCT :0 734 ?_:34 FROM ARNOLD PORTER PAGEo003 e 7 0 %go gncoursging Visitation pUring Nonipeak Periodso S~arting immediagegy a TOV and VA would commit go an aggressave pgogram go encouraqe qreater nonpeak pegiod visitaition dugi.ng the winteg seasono T2ais effort would creage ancentive~ ~~r guests to viffiit Vail at all times ogher ttaaxa the pea]e and high saasons (as def ined lateg iga Sections YY% and gV) e To this end, TOV and VA woubd devebop a comprehensive plan by no lateg than Juxae 1o 1995 that expands upon and detabls the measures seg gorth below in ttba.s secgion 4 A. l~-sPon i; ties m~ Nonveak Periods o FReasax~~s woul.d be implemented by VA to encouraqe greater vasigation duriag nonpeak periodso incgucignqo 1. %~tensigied ffiarketgraq ef Vaib both within and ougsi~e the F'rong Ranqeo 2. Expanded internatianal marketing e 3. Pgovide selective skaer promotionag incexatives, includinq incentives te new, first°time damestbc destbnagion skier5e 4. Eracoragaqe lAdqe awnegs to use prAntotional gnr-entgves and packaging a~~gements for inducing ffioPe glexg~~~ ~~ngths of stayo B. T6V Res2onsibilities ldonpe k EeYj&Ldg. Measuges wouxbd be impleineaated by ToV to encourage visitation duginq the nonpeak pesgods, includingo OCT 10 '94 !57:34 rROM ARNOLD PORTER o ~ e 1. working wbth lodge owners to envousage lodging incentiveso 2. Creatbng certain parkinq incentgves (redaxced fees or gree parking) durgng nonpeak periods to attract Front Range and value-conscious destination vasgtorso 3< Working ~ith the ~ommunbty at large to encougage the jognt financinq and hosting of special evepatso 4e working more antensbvely with the Avon/ Beaver CYeeZc REvsort Association (D9ABCRA°0 ) p g,bon° s FIe.ad P4erChants Ass6CAa'ti081 ("lEMAav )o t7ag1 Valgey TouY'1Sm aYid Conventi.on Bureau ( POVT'g'CB°° and other associations to 3ncrease nonpeaX visatatiorao 5. TOV and VA wou].d establ ish abroad0based community task gorce g~ explAre additional mechanisms to encougage growth dur3ng the nonpeak periodse This task farce woanld report on a seffiiannuab basas to the Assessanent Committee regerenced in Sectioaa VY eEa, p o 18o I%go Contgolling the Christmas (December 26- December 31) Peak PeKj2d9 TOV aaad VA woaald aaapl.emerag a series af ffianagement egforts to deal ffior~ ~tQnsivaly with the historic peak pergads durisag Chr~stmas eacation ( Decemlaer 2 6°31) o Th$s five=day period Iias Yhe greatest ctlaxace og xcxc i~D'"RL PAGE. 6304 xc~ OCT 10 194 1:-:36 FROM ARNOLD PORTER PAGEe00fl e g o exceeding 19090o SAOT unlegs peak management measures age instgtugedo parties do ~~cognaZe that on oocasgon there caaa be relatively low visitataoan days during the Chrgstmas season due to a eariety of gacgorso] 7Chese growth ffianagenent ffieasures woubd gollow, as necessarye uxider a series of sequentgal tiersa A. Tieg o 1. Sgarting imuaediately, o VA woubd implement avariety og proqrams during the December 26-Decamber 31 periodP gegardless og whether Vagg Motantain bs at capacbtya ao Adjusg ffiarketgng 2o Front Range ciay skiers duggng the perioda The success of thgs effort wabg be monitoged and assess~d through the ffiongtorinq pgogram iaa SectbAn Va belowo b o Lamgg or manaqe Front Range prcmotional tgcketirag inceratgves in an effort to avoid exceedgng 19,900 SAoT during the periodo The moraitorinq and assessffieng psoggam in Section VY below wi11 track tae success of ghi~ ~~~ort. ce Restggct ski passes of employees, studegatso merchant passeso and Colorado cardholclers duggsag tYne pesaad. OCT ?0 124 :7-:36 FROM ARNOLD PORTER °AGEo002 = 10 ° do Provide btias passes ta appropriate VA employees gog tPae Avon/Beaver Creek transit*and encourage the use of the free TOV bUs systema eo Encourage employee carpoolgnq by providang parkgng iracemmtives wh~~ three or more effiployees ggde in th~ same caro fo Devegop a plan by nv later than Jiaxae go 1995 to facilitate off°sate park and gide pgograffis gog employees of VAo As paact of tha~s effortp vA would develop cooperataee gelatiAnships with public schools) and pra`rate instittations to utglize appropriate parking sites which are avazlable during this gime pergado Spec3fic site locatgvns and gtaaiclirag ~echanas~ ~ould be bncluded in the plano g o. Extend mountagn operatioaas go spread inqgess and egress pergods before 8a 30 aa mo , afgir 4 o AA pome j o Any extension of operatioaal hours would be caogdgnated with TOV and not anterfere with T9V ° g del iwery o g serr ices ( e e g a o snow geBnovaI e) ho Staggeg employee work hougs, as pracgacabbe, to mbgggate traffic and parka rag problems o i e W~rk with TOV and Eaqle County to bxacrease gegiaxace upon vans and other pubgic eraxas~ortatgon go and ggom tae aarpost ara~ ~~thgaa TAv whgbe dg~~~~~~ging rebiance upon rental carsa To this endo vA wougd devebop acomprehensive plan with TOV by OCT ia 194 1=:37 FROM ARNOLD PORTER GE^003 ~ lg = no lateg than June 1, 1995 and would include furadinq mechanisms and regulatory ffieasaareso 2 o Sgartganq gmmediataly, TOV would consider iffipleffientisagr aL variety of prograTn durinq the Dec eg 26=Decembeg 31 periodo regardless of whether the Towsa og Vaal is at capacitya ae Implementation og a proactive, hands= on managexneng effort ira coordinataon with VA to adeqaatel.y coaitral peak traffic and parkgng issues associated with ghe Ghrgstmas peako Yncluded in such efforts are proacgive martagement o£ ghe traffic cggcubagaoan and pagkbng systemss creatgve a1lAcatiora og b~~ ~ervacev egfectgve utglization Ag gaw enforceffient pegsonneg a and better dgstribution of skiers 2o the differeng base area facggitieso TOv cAmmits go timely gffiplemeaagaggon og such measures, particularly durinq inclemexag weather periods where tragfgc ccatda.tions can be exacegbagedo bo Provide bus passes to TOV employees YOY tple Av081/Beaver CSCee}S $ransbt and e%1COL7raCJe 1d3e Og tbe gg'ee TOV bus Sys'tema co gmpo~e parking restrictions ara employees tBagough evesa/odd l.icense pgate parking gesgracgbonso d0 9urgng such tgmes as Presadent° s t~eekend and spggnq Breako devebop a plan by no later OCT 10 124 1Z:37 FROM ARNOLD PORTER ~ 12 = thasa June 10 1995 to gacalitate ogf-sbte park and ride pgoggam for effiployees ag TOVe As part of this effort, TOV woubd develop cooperatgve gelatgonships with public (ee~o o schools) and private instgttatioaqs go utglize apprapri.ate pa~rking siges which are avaglable during thbs Y ime period a eo stagger employee work hours, as pgacticable, to ffiitgqate traffic and parkgng pgobleaas o f o Iaacgease number of buses during the perbod to accoananodate larger numbers af giders o In certagn cases, reassggn buses to dgfferent geographical ageas, i. o e o, outlyinq areas, and provide more greqaent service tA sur-h areaso go Devebop a plan by no bater than June 1, 1995 with local businesses go impleaaent comp~rable measuges on a vob~~~ary basiso ka o wogk with iTA and Eaqbe County to increase rel.iaaZCe upoxa vans and other publ ic transportatgoaa to arad from tae ai.rport and wbthbn TOV wflnbbe dgscougagbnq geaaance upon gental carso To this endo TOV would develop a compreYaensgve pl.an with VA by no lagese than June 1, 1995 and include appropriate fundisag mechanasms and regalatoxy measures o B. =KM 2.ddj.tioslal Christma`c Peak MaBiaqeffient measur_es o %n thp- eveng tPiat SAoT exceeds 19 , 9 0 0 f og more than twv ciays dugbng the December 2 6-31 OCT :0 'ID4 1::38 FROM ARNOLD PORTER °A%aEe005 e 13 m peak pera.od in a ggven yeas in spite of the ffianagement measaares lisged bn Tb~~ I above, VA would add the foll.owing ffianagement programs durgng the ne,xt Dec ox, 3 6°D~cember 31 seasosa s 1. Premium priegnq on lift tickets coupled with premaum prgcing oxa parkang imposed by ToV o z e special or mulgi°day tbcketing reelairements wathin the guiclelgnes of ue So Eorest Service regalagionso 3e Stagger pesmitted skbinq hougs fAr a portion of skiers through lift ticket opta oaas (e<~o 0 8 aeaao - 2 pomo or 10 aomo - 4 pomo ) once the new gechnobogaes og bar codgng and scanning devbces are an pbace to keep on-mountaan skiers below 19,900. C. Tier rrxe xf the ffieasures listea in Tier 11 above (1-3) sgg11 do not reduce peak periods below 19,900 SA9To then vA would acjree to stop sebgiaag laft tickegs fog use on vaal Mountain duging the Chri.stmas peak period afger 19,900 SAOT is reached and instead redlggect skaegs ( beyoaad 19,900) affioaag Beaver Cgeek, Bacheber Gu].cho aad Arrowflaeade Yn this fasYiiono VPd wibb be ab1e to better balaxa~e the distribution of skiers b~~~een its skg ageaso %g during the goglAwing Chrbstmas peak periAd, 19 0 9A0 5AOT has not L~~~n exceededp thexa VA would returra tO the Tger I management ffieasures and gArego the need to OCT :0 '34 1Z:38 FROM ARNOLD PORTER °AGE.006 = 1~ _ COSEgb%ltae T3.er gg IA@a6t1rego In the i/ery 1181li]5e1~,7 eiT@Il't that thgs provision is triggered, VA and TAV would take appropriate steps to advise VA°s constituency of Yaow thbs provision would be implemented to cause the least amotang of inconvenience. IV e Cantrol l ing Siah SeasoaVisita ion o vA agad T0V woui d consider implementing a series of manageffieaat efforts to deal wigh historic 00hggh season00 useo Hiqh season ancludes PresidentsO tAeekend and weekends extendirag fgom the thigd weekend i.n Febnamry thgough the end o£ Marche Higtorically, these pegiods have experienced greater than average skieg visitatgono alghough at level.s genegally below t.hose of the Chri~tmas peale e Therefore, VA and 'a'OV will implement a series of measures set forth ia Tiers I°111 in this sectbon to acYabeve the goals of (1) maantaanbaag SAOT levels dusgng the ha.gh 5ea30I1 $t 07C be1AW 19,900 Sd1d (2) Prl1St3r1%ig the best possible qaality of servaces iaa the Town during . these periodso A. Tier Ye 1. VA woubd bmpbemeng the following ffieasures dusgngr the high season, segardgess of whether capacbty gs bebng exceededo ' OC7 10 '94 1=:38 FROM ARNOLD PORTER . P~1uEo007 e 15 o a o ~~just ffiarketgng and adj ust adveg2isincj sgragegies bn asa eggort to avoid exceeding 19 0 900 5AOTe The success of this egfort will be mongtoged and assessed through the mona torinq pgogram in Se6tgon v% bebowo bo Limgt or ffianage Front Range psomagionab ticketing azacentives aaa an egfort to avoid exceedbaag 19,900 sA9T durinq the periACi< The monitoring and assessment pgogram set gorth zn Secicion v% bebow will tgack the sraccess og this efgorto ce Pgovgde bus passes to appropriate VA empboyees f~r the Awon/Beaver Creek transit a.nd encougage the use of the fsee TOV bus systeme do ampose parkgnq restrgcti~~~ on effipl.oyees through even/edd license plate parking gestrlctiAnsa ee Encourage effiployee carpooling by pgoviding free parkiag axad excepgions go drivbxag resggictions when three or msre amp lAyees rade. in t.he same care fe Durgng tbme~ such as Presbdentgs Weekend and Spring Break, facilitate off°site park and ride pgogga~~ ~~r employees og VAo Aspecifie plan to accomplish thbs wabb be prepared by June 1 o i99s a As part vg tags plan, VA wougd devegop cooperative rebationships wgth public (~o~o, schoobs) and private ' OCT 1 0 ' 94 1-: 39 FROM ARNOLD PORTER -`°E °008 e o bxastigutiogas go utilize appropriate paskiaaq sites which are avaalabl~ durgng this gime periodo g e Extend mountain operations go spread bngress aLnd egress pargods (e,q., before 8s36 aomoo &fges 4a 00 pomo ) e Any extensiosa of operationab hours wougd be c~ordgnaged with TOV and not interfere with TOV°s debi~ery of servaces (gog.a snow removal)o ha stagger employee work hours, as practgcableo to mitigage tgaffbc asnd parking problemso b a work wath T9V and Eagle County go incgease rebiance upon wans arad other publgc ggansportagaon to and froffi the ai~ort and wathin T0V while di~~ougagang gebbance upon raaatag carso To this end, VA would deve1op acomprehensive plan with TOV by rao 1~~~r than June 1, 1995 and fnclude appropriate guxadgaa~ ~echanisms and gegalatory ffieasures o 2e TOV would consider ampbementing the followang measures dur3ng the hiqh season, regardless of whether capacity is being exceededa ae Iffipgememmtation og a prAact$ve, harads° oan maanaqement efgorg ixa c~~rdination with VA to adequateby conggol peak traffac and parking gssues assocgaged wgg8a the hig~ seas~~ ~~a.k. %nclude~ in such efforts age proactive ffianaqement og the traffic cigculagion and pag}cingr systammscreative algocation ~f b15~ ~ervgceo effeCgJLve ta1Li11za$FSon Og law enfoS~emen$ ' OCT 10 194 15:39 FROM ARNOLD PORTER PAGE.08S ~ 17 - psrsomeb 8 and bettex, dgstributign of skiers to the dgffesent base area gacglitiesa TOv comits to timely iffiplemengat$on ag suca ineasurea o partgcularly durinq ix~~~emen$ w~atheg pergods where traftic conditions ean be exace~~~~ed0 b o ~rovide bus passes to TOV empl.oyees gos the Avon/Beaver Creek transig and encourage use of the f ree TOV bus systemo co Impose parKing gestsictions oxa employees tarough even/odd lgcense plate parkixag resgggcggonso do ~evelop a plan by no later than June b p 1995 to facil$tate off-aits parDS and rid~ programs g~r empgoyees of T0Vo As part of thas effort, ToV woulcl develop cooperative gelationships wath pttblir- (eoc~o p schoobs) and pgavate baastitutions to utalize appropriate p~~king sgtes whir-h are available duging this ggme pegaodo Specifgc sgte boeations and fundi.ng mechangsms would be included bn the plaan e eo Staqqer e3nployee work hours, as pracgicabgeo go mitiqate g~~~~~~ and parkin~ problemso f e Immcrease n eg of buses during tlie pegiod ~~commodate garger n oss of riderso %n certaban cases, reassaq~ buses go digfereaat geogsapha,cal areas, g o _so , outbying areas, and provide more grequent service ~reaso ' OCT 10 194 15:39 FROM ARNOLD PORTER FaG2.019 gta Wo~~ ~ith locag businesses to b~~ement coa~~rable measures on a vaguntary basiso ho T~~~k wath VA and Eagle Coungy to gxacrease gelaance upon vans and other public tgansportagion to are~ ~~~m the airport and wathia TOV whage dg~~ouragbng regiance upon rental cars o To this endo TOV woaabd develop acomprehensive plan with VA by no later than June 1D 1995 and ancgude approprgate guaadin~ ~~~hanisms and re~~~ory ffieasures o B. T9 ~p I~ e Additiona9 xiffh sea~on P~Ianaaeme~ Measuxemo %n the everat that SAOT during tYie high s*ason eYCeedffi 19,900 ffioge thagd two tSffie6 duripig this h1gh1 season period despite bmplementatiosa of the measures lbsted bn Tgeg zaboveo VA would consgder addinq one og moge aaanagement prograxas durigag the fellowinq hiqh season peraado 1. Reduce ffiarketinq ~o Front Range skiegs during the periodo The success og this effort wibg be ffionigo~ed and assessed throuqh tae ffionitoginq program in Secgaoan eI be].owe 2. Adjusg pggcinq or lbmbt seb].ing Ag dbscoianted lifg gicketso ~e monatoring and assessaaeaat pgogram a.n Section V% bebow wi1l grack the success of this ~~~orto 3. Resgrgcg soae og combilaatioas of ska passes of employees, studerats o ffi~rchant passes, and ' OCT. 10 194 15:40 FROM ARNOLD PORTER F~,Gfie~ll e gg o Cobogado cardhobde~~ duranq the high season or'p agternativeby, restrict the hours and the locatgons trha.t sasch passes can be used during high seasono 4. During Preaidexat° ~ ~eekend, use premium pricgng of bbft tie,]eets coupled with psemium prgcinq an pagking imposed on 'I'vVo This measure could abso be used dugingr otaer hagh season periodso if necessaryo s e Staqgeg g~ermitted skibng hours for a poxgion af sXgers through lift tbckeg options (e.g.aa aomo ° 2 pomo og 10 aoffio ° 4 pomo) once the new gechnologies og basr coding and scanning devaces are in pbace to on°mountaian skiers below g9,900a C. Tier 111o If i.mplemeratation of the above measures li~~ed gxa Tieg %g stigl do not reduce SA0T bebow g90 900o t:~en vA would stop sellfng lift gicleets ~~r use at vabl Mountain ghe folIowang sea6on when 19,900 sAOT gs geached and bnst~~d redirect skiers (beyoand 19,900) grom Vagl go Beaver Creek p~achelos Gugch, and ArrowYaeado Ixa the very unlikely event thag tais provision is griggex'ad, VA aaad ToV wou~~ take appgopraage steps to advase vA°s constgtuency of how this pgovgsgon woul~ ~e implemented to cause the least affi@ummt og inconvenience o ' OCT 10 194 15:40 FROM ARNOLD PORTER PAGEe0fl2 °aao V. TOV A110C t' so ~~arging _ o TOV comtaits go agloeate alg eaeistisaq and ancsamentml ta~ revenues from sale of lbft tir,kets to provgde fog the fallAwinq transpArtation a~~ ~~~king ffieasures a.ra ghe order baa whicla they appearo (1) deve10pmen$ Ag rouS6dab0uts a$ $he gOBlr°way st0p8 (a) devebopment of roundabouts at West Vaglo (3) de~~~opment of ~ ~~lkway and shuttle bus service grom t~~ publgc parkgxa~ ~tructure to Golden Peak and a wabkwasy ggom tkie eisga Bahn go Caaix 6 0 (4) devebopffient og approp2iage pagk and gide siteso (5) expansgon of reqionab ~ervicea (6) expansion of skies dgop°off sgtes gog pere~onag vehgcles and cseatgoga of better bus drop-ofg gocatgons at the iJestgn, Vista Bahno Golden Peak, and Lbonsheado V% a No~igaring,LAspqssffients o A. TOV and VA ~oubd agree go shage equagly in the cosg of a comprehensave ffiongtorang program to assess ghe egfecgs ffind bmpascts of peak day og hgqh •seasosa use, as we11 as to evaluate x~onpeak peggodsa Such mo81gt~ring pgogram wb~~ ~e deve1oped j o~tly by TOV and VA by no 'lates thas8a JiaBae g, 1995 p and bx~~lude a minimum the o fobgawaxag agan • OCT 10 194 15:40 FROM ARNOLD PORTER 1. Skiers on Vaib Mountaa.aa, includbnq poants og access ammd egress, tgmes of arrivag and departure, axnd numbers of destgnation and day skiers o Trags ingormagion wibl expand upon gmplementatfora vf VA°s bar codgng bafg gackeg systemo ao Tgaggic analysgs, duging winter on1Y, gncbudang traggi.c coungs and assessments of key faetor~ such ao congestion at the foug=way stop and West Vaig o graebuded in this araabysas will be the gevgew of various tTCaffic managemexat techni.ques bn gedticing congestion as well as ithe egfects of in~lement weather aaad accidents on congesgiono 3. Parkbng counts at key locatbons during the winte r, includina~ public lats, park and rade facalatieso aaa-goad parkgngo atea 4. Mas~ ~~ansig, carpoolingo vanpool.ing asses~ments dugang winger o %xacluded withan tabs category would be axa assessment og whag ffieasuges can reduce reliance on gental cars ixa preference fog van aad bus sesva.ceo whag mieasuges a?re waskbng gA facala.tage empgoyee use og buses an~ ~arpoolbng: and how to improve mass tgansbg servgceso 5 o Hotel geservatien a8ad occuparacy . assessffiengsa 6. t'ustomeg°based survey gesearch go measure servace le~el ratings. ' OCT 10 '94 15:41 FROM ARNOLD PORTER - o 22 7. Reduced pagking fees as an andUceanent to skiegs durgng nonpeak periodso 8 o ASSesSMSsnt og otaer partieS°( gesort assoCba$bA%b5, C,h~er Og ~~~erceg lAdge Ownegs) assisgance go incgeasinq nonpeak visitationo 9. Nonpeak marketgng eggar`cs v both natioxaably and antemationally, and VA°s incengiwes gog girst°ggme destbnation skgerso 19 o Iodge owners ° nonpeak promotionab bxa~entgveso B. A commbttee (the 1°Assessmeng Commitgee°0 ) e compggsed of ogae represeaatatgve of TOV, VAo and the iT o S a Foresg ~ervgceo would meet pergodgcally and on an ad hoc basgs, as aaeeded, 2o assess the success of the overalg pgoggamo zncluded wathgn gts geviewothe Assessment ~ommbttee would evaluage th~ adeqgacy of the monitoring pgoggamo the results og the nonpeak program (Secgaoan II) o and the results og the C'aristmas (Secgion %ag) and xigPi Seasosa (sectian %V) peak manaqemeng p~~~rams. 'I'he Assessmeng CAmmittee would ma1e~ ~~~ommendations i:o TOV oVA, the gorest Service, and o$hers aboLA$ ad]48stments Ar b~provements $.ha$ coul~ ~~~engthen the dggferesa~ compox~ent~ ~f these pgogram o C o PRonggo a.xi~ and Ass~s~ffieYit Costs o TOV and agree go gund ghe ffionigoggng pr~~~ mentiAned in SOCtaon vIeAo above as we11 as the work of ghe ` OCT 10 '24 ~:4's F130M ARNOLD POR"TER ~nISce015 ~ 23 = ~~~~ssmeaat CAmaggee on a 50/50 basbs for {che durataoaa og ~ir. agreemento VI%o Mod~~qA 1 ons to Peak MannaMent AareexaeMto A. TOV ammd V~ ~~~ognize thag the taxeshold bimags of 190900 SA0T as weil as tae pegceaved liffiits to c~rryang capacigy, Particubasly graffic, parkinga and on°moaaaatain ingress and eqress, casa be abtered by a vagiety og i~~ortant gactogse Hecisions to expand mass transig, iffipgove parkingo iffiprowe goadways ax~~ ~~ter5ectionsp change basgc land use pab~erns0 impr0ved gechnogogies that agloxr better ablocation of skiers ( e o_qo , bar codangr, scaaaning devaces og othe~ measures may have a posaggve efgect og betteg manaqinq Vowth an~ ~~ncep alloFi'~. G~~ upwa8?d adjustE{6ent of Ldle 19,900 s7Q9OS f igageo Any fugure iffiprovemengs ( strgcturab , operatgonab, or o~erwase) may change aspects og this peak managemeng Aqgeement and render c~rtain mitigation me~~~~~s un€aecessar[ e B. TOV aaad VA thegefore gecogngze gkaat the prograxa ouglg~ed ixa thi~ ~~cument iaust be pera.odically reassessed by the Assessffient comittee and ffiodified whege necessaryo ~ough ~e Assessment Committee o evabuagbons wblg be made and ffiodafication~ ~o the pgogram wigg be coxasidegedo TOV and VA shall jouatly A OCT 10 194 15:41 FROM ARNOLD PORTER =AGEeGfl6 , e e 2-6 ~ geviev such recommendatgons and de~ermine where amendments age appgoprgateo A i 0 ft 6 xc xc VAIL TOVViV COUNCIL SPEClAL Pl1BLIC MEETIIVG WEDNE$DA?f, OC'i'OBER 12, 1994 9:00 P.M. ON TO!! SMALL CONFERENCE R00M A SPECIAL UVORK SESSIOiV/EXECUTIVE SESSION-NEGOTIATIONS SENT BY.,EAGLE COUNTY ;10- 3-94 ; 8:55 ; 3033287207-, 3034792157;# 1/ 3 y e~ Oo4ober 3, 1994 - 8:19 CAGIF CAUNrY RUILVING ss r eaOADwav • ~~3 OFFICE OF YFIF P.O. [iOX BSl} ROdRD C1r CQMAAISSIONERS kAlilt. Cl7LOR/iDl7 B 1631 (303) 328•8603 `y..'. I'AX: (343) 320•7247 rr ~'4! •'~t: j~ •~4 q~vr: "1'` ~ i~• 'w. t'• I"~{ ~OUNTY8 ~ ~ ~ ~~~ULAR aY9EEtl ING DAY OCTOBER I 1 9 1994 A R tt 'A' 'k '(t dt ~F s} YM 4 CY k Q R A p A 17 A iS 3 iF dt ri SY ri R S7 G A A R iY q ik A' 1Y 8o46 °9.NU0 17HOR4e SESeJ6OBtl °IIY619i4i1YI¢Am tlCyBtl b11O Y!ON PL4.!'OCm Susan Reeser, Nursing 9o00 - 10~30 WORK SESS9ON _ WEEKLY tJPDATE Jack 0. Lewis, Coungy iVlanager 10o30 - 11o00 BREAB( ~940 - 12-.09 WVOR65 SESSION - PENDtNG L9T'IGa4TION9 Jarnas R. Fritze, County Attmrrtey 92a00 - 9:30 L9.l1N~H ~:30 - 2a30 WORK SE oS0~~ - MEETSN~~ ATTEIVDEO $o~~ ~ 2:45 CONSENT CALENDAR Rems a! e toie6ne dnd noll-nhoverainl natwe aie Phdo6d on the eonsenl aalendibr fo ellow the 9aa?d W CpuNy Cammieeicners ta spend Ils tlm0 and ot?tMdY on nwns imnrlsntilsms on B IenptFry openda. Any Commisaioner rney requsd Ihel an H9m be "REMOVED' imm the consbllt pleltdaf and r,qngfdered esparetely. Anf inembor of ibe public maq °REQUE87° mny kbtto bb "REMOVED" irom the Consent Agond&. 9. B9LL P'A1fBN~'v L6nda Pankucro, Accounting Mark Silverthom, Controlfer ACTEON: Approval subject ta review by the County Manager. I SF1VT BY~EAGLE COUNTY ;10- 3-94 ; 8-56 ; 3033287207- 3034792157;# 2/ 3 2. PAY12OLL FOi~ ~CTOBER 13 n1994 JaGk D. Lewis, Coun$y Manager ACTeONa Approval subject to Peview by the County Manager. S. MENUTES FOR J1JLY 27 THROUGF1 AUGUST 16, 1994 Sara Fisher, C9erk and Recarcier ACTION: Consider approval. 4. PROPOSAL FOP. SURVEY OF WILLJ°TS LABVE Larry Metternick, Engineering ~C79ON: Consider appraval_ LSo" " 3e00 A. ~OUElTUll P6mU$ a A!'i6a RGLEdpSE 6dF ffi.OOLIl.L d! GRAL B6UE d.6'qBOGS FIL69VG F! , JoPtn Atthoff, EngineerAng ~CTIONo Consider approval. B. RESOLU770N At9TIiC,R6Z1NG bRAA1NIAiC9 QF COLLA?1°ERAL 0F REQUIRE13 FOFt BAItBARA M. A1VD DOUG IVIORlZISON .9im Fr6tze, Counfiy Atkarney ACTION: CflnsideP appPOVat. C. SECOND PARTii4L RELEASE OF ~OLLA7ERAL AND WiLLy1X1MGi9CE1Y1GlYT OF THE WARRANTY PER`ODp BEN`~GRASS AT CORDILLERA Jahn Althoff, Engineering ACTION: ConsideP approvaP. 0. APPROVAL OF VAIL BEAVER CREEfC JET CENTER'~ OMPRO1IEIIAEIdTS TO TER11ft9NAL BAGGAGE e4REA Dan Reynolds, Airport Manager ACTION: Consider approvaP, E. AGREIEMENT BE71NEEN EACLE COUNTY STr4TE OF COLORADO AND VVESTERN Ee4Gq„E COUfVTY RECREATrONaL DisTRrCr A~D EAGLE SANiTATiON DtSTR'CT FoR EasEMENT AT SPORr~ ~OMP~~X Paul Greg, Grounds and Buildir?g ACTION: Cansider approval. lo SENT BY:EAGLE C4UNTY ;10- 3-94 ; 8:56 ; 3033287207- 3034792157;# 3/ 3 0 sbaqa0 -4o00 UQ,Ye.6R 6.tlN.eE0VSG 9"NEP4R'ItlVy 0 iMEW ~~PLJCA°TIOR! - WOLCOTT flIdAFdKET, LTD dba WOLCOTT LIQUOR Sl"GRE 0o NEW APPLJCATION = WOLCOTT MARKET, Ll'D dba WOLCOTT MARKET U0 REhtF-YlfAL - VtK91Vfa INVESTMENT CORP. dba BEAVER CREEK VAIVES ANp SPIRITS EarEene ftoath, Cooura4y Liquor Ir6spector acg9ome Consider appPOVaf. 4o00 - 4_15 ~~~AK 446 ° 4A5 WOR9( SESSION - EAGLE RI1/EFt eAS5EN1BL'Y 6qEPORT ChPis Troese, Colorado River District ,6a45 ~ 51.00 OPiEN MEETeNG BiiE WEKP MJEE71Pd(i QripiE EAOLE CDUIdTV CbMqry15SIONERS fMLI BE Meld ON QC7KMER 77. 7984 OM THE REC4Rp IT6?dg yYILL BE HELD IIU THE EAG66 COUNTY ROOM. tIVoRK aEasiorJS uW1,I. BE HgLG ird 1re MOtJNr OF lHE HOLV caoss RaOM - oR oTHERVOSe WoreD. YHIS AGEPlQd IS PRObIOED FbR WFpRflAA71oPJAL pURPdSg8 bNLY - ALL 1pNES qRE RPPRbX4V44TE. TH€ BQARQ 1tMILE IW SESSIQId AAAY GdIVSIdER OTHER ITEMS 94iA'P ARE BROUC9Hy' gEFORE IT. BIO INORK SESSION FOLL0IN-UP _ 17~TOPIC7 Q~9 ESTIONS F0~.L0lf~-UP SOL~9~'VONS 1993 10119 SNO1N STORAGE LAND LARRYIBOB McL: Immetliately pursue purchase from VA Initial discussion between TOV and VA re: possible future land exchanges PURCHASE of current snow storage site, as well as another 10 acres have occurred. adjacent to the west. 1994 02/08 MANOR VAIL SIDEUVALK BOB McULARRY: Investigate blind corner. Negotiating with Bob McClery re: use of sideuvalk. (request: Johnston) 02115 CHUCK ANDERSON YOUTH PANlIMERV: Contact VRD about moving up the selection Packet received and inclutled in Paul's and Jan's materials, 5/3/94. AINARD process to allow awards to be given during May PRIOR to (request: Strauch) graduation or to be includetl with the graduation ceremonies. 03108 UNDERGROUNDING OF UTILITIES LARRY: Create a Niaster Plan to phase the undergrounding Larry has memo in process. MASTER PLAN of all zbove-ground utilities vuithin Vail. (request: Council) I 03108 NIGHT LIGHTING/NIGHT TOUR LARRY: It would appear our night lighting in the Will schedule for an Evening Meeting in August, 1994, when Jan has (request: Strauch) Crossroads/VTRCICovered Bridge area could use some returned. TOV, in the past, budgeted $30,000 for adding lights to bus 09/27 COUNCIL IS REQUESTING A COPY enhancement. INhat is the street lighting program currently stops, street intersections, and bridges for safety. Starting in 1994, the OF THE OVERALL LIGHTING "PLAN" geared toward? budgeted amount was increased to $50,000 to address both safety PRIOR TO THIS NIGHT TOUR. concerns and those areas addressed in the Village Streetscape Plan. COUNCIUSTAFF: In the near future, we will try to schedule an evening "tour" to look at the ambience created Re: Christmas lighting at VTRC: Lighting addition depends on a and sarety issues inherent in our "core" community. prioritization of funding. 04/05 SIGNS LARRY/GREG; Why are there so many signs in this town? Tom, Ken, Buck, antl Larry met Tuesday, 5/13194. They will return uvith a They represent neither a quality appearance nor are they proposed signing plan by the entl of July,1994, uvith a revieuv by Council "user-friendly." There are 24 signs between Tom follouving and implementation by fall of 1994. Steinberg's house and the TOV... 04/05 COUNTY REGIONAL MEETINGS BOB NlcL: Coordinate with Jack Lewis. Tuesday, November 1, has been tentatively set, although no time, location, or specific agenda has been determined. October 7, 1994 Page 1 of 2 ~ 07/05 PLAQUE PLACEMENT MIKE M./PAM: Elizabeth Wilt has requested the Town MIKE M./PAM: George Ruther and Pam will meet with Elizabeth Wilt on follow-up with memorializing both John and Cissy Dobson at 11111194, to determine Covered Bridge plaque placement. Elizabeth will a site on or close to the Covered Bridge, as well as Chuck speak personally to Oscar Tang re: the Chuck Betcher plaque, since this Betcher in the area of the Crossroads benches (adjacent to is entirely private property. Alfalfa's). 09/06 ST. MORITZ SIGNS (request: Lapin) MIKE MOLLICA: Research how we might incorporate a sign Will violate existing sign code. Tom and Mike M. will offer memo. program similar to that used in St. Moritz which allows hotels (for a fee) to be placed on designated sign posts and allows for quick, easy recognition of where that particular hotel is located. Research whether this constitutes off-site advertising with Tom Nioorhead. Bob has a memo ready for hotels. r. ~ 1 October 7, 1994 Page,Z.of 2 J s 40i T0W1+1 OF 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 FOR BflflMEDUATE RELEASE October 7, 1994 Contact: Suzanne Silverthorn, 479-2115 Community information Office BU9LDANG PERMSTS ESSUED BV TFiE TOWN OF VA9L The following building permits have been issued through the Town of Vail ` Community De:i---Iupment Department for ihe pariod September 30 to October 7: Bellezza, Ltd., 278 Hanson Ranch Road, alteration, $3,000, Ed Everett. Hulser, 380 E. Lionshead Circle #380, remodel, $6,000, Hakanson. James Reid, Ltd., 555 Lionshead iVlall, alteration, $35,000, Hyder Const. Sylvester, 1535 Aspen Ridge Road, new residence, $885,000, Beck & Assoc. • Radigan, 2109 Black Gore Drive, deck repair, $2,000, Tom Radigan. Stevens, 1498 Springhill Lane #A, reroof, $7,000, Gallina, Co. Avail Tenant, 600 Lionshead fViall, atteration, $49,000, Hyder Const. Kaiser/Hall, 4916 Juniper Lane, reroof, $8,000, Plath Const. # # # 7008 THE HOKKOKU SHIMBUN SePtembp-r 28' 1991 Mre Robert W, McLaurin Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Nr.McLaurin We had a very hot suamr this year in Japane When we returned from Colorado, it had changed anto the cool days of autumn< We take thi.s opportunity of expressing to you our very sincere thanks for the kind reception and assistance you gave us during our stay in Vail< We were most impres,sed with the wonderful view and your effort to Qrake a towne Town plannning does not have an imediate effect, but we will make an effort with reference to your experience and examples, setting Vail as our goa-1. Thank you again for all that you did for us. Yours sincP.,rely, The Hokkoku Shimbun NYariaging Director ~i Nlinoru xit.a 2-5-I, Korinbo, Kanazawa-city, Ishikawa 920-88, JAPAN TEL0762-63-2111 FAX0762-24-0953 OCT 07 '94 09:23AM SKI SCHOOL ADMIN P.1 TOo T`6dW~ ~OUIItlCIL MEIVEBERS FROMo CH1?0S HYMAN DATEo OCTOBER 50 1g94 We have Pescheduled ouP meetong to dlscuss the `Pmwn of Vaii / Vail AsSOciBtes progPam to manage peak periodsa we wi11 meet 0n 11VEDNESDAY, OCTOBER 12 FROM 1a00 -5.Oo P.Ma AT THF TOUVN SMAL6 ~ONFERENCE ROON9o Plsase mark your caIendersi we vvii9 have an updated vePSiora of the draft to you by #he end of the dey on Monday. Please take a few minutes to read the dratt document prior to the meeting. We dvould 11ke to tske xhe opportunity to get your feedback on Vdednesday. 9t os presently in a vvorkfng format and we welcome youp inputo 1 6ook forward to seeong a11 of yQU next weeka Please cail Robin Haft (479-4368) uf you need assist$nce with anything. MD*GntcvuncMem l. . ' . . . , . . . ~ . . j . . ; • ' J . ~ ' ' ` C - . t El h j ? / . . t~ . . i. Page 12 - Vafl Dafly Thursday, Oc4ober 6, 1 gg~,~ iss . h r. ' . , hc . ~ed in,' e ' Ili ' Bob Brown, Publisher ~ , :~~°-.,.,.,~:w~"~; • y~ _ Greg..Kail, Editor. . . , M. , J~ , te( ~ , , . . . , , .Nf Founded 1981 ' , ; : :R` ,~i~te~rs d~ser~ve alI th v, : . . . . : C; : n , ~a~ts orl ~r'-3. ~ c~ux°se ~ ~s While priva~e ,nterest rou s ma alwa s lobb Y. y goveriimenta( r` eritities to get lheir way, its disurl~i g when elected olficials act;as; lolibyists:themselves. r, $uch;is the case with the Va~1 Recieahon,:Dzstnct board; which P! agg~essIvely pro~noti,ng a p,az~ 3 course in East Vait and_providing selective'.;~ nforrtiation.fo. that: end>;;:The.' fate :,of.. the, :Bootti; Creek' t course i~yill thankfulIy'.,be decided by. voters' nn Nav 8, bu their 1 verdict should . tie rend e ered t ;with all :facts: considered anct those.: rn ust . ltt fi rs t ; 6e s.u.pp l ied, : . ....::.:.:::..i: E1t Tuesday. nighf'S Vail TownCfluncil rneeting,'the VRD board tfi6 members. of .which also~:c.oriiprise~:part.;ofeitizens 9iau~? called C.iti~ens or Ber Golf ~n Vail--clistributed._a _list; entitled, "The,Facts:,<T'he;B~,oth Creek Par 3 urioii§ly ~ricl conven~ently, alI f,6 ".facts" supported construction,;crf "tlie ~nlf,: . . s couzse . : . . ; ~ ~'Ve think some. tif the; ~RD's. assertinns deserve e~anuriation S For example, ,the recreatian board wni?ld ~iave you belteve thaC' ` if the :gol~ ~aurse u ,fails the Tocvp:=cif,~iaii . will; somedao' ' condemn the: rn ert "tchange::the znn~ng ire ulatinn.s.t ~ P P Y , i.ncl~tde.r~ther ases; such as parking~or employee hoiisuig ;.Y"et Vail . counil mezttbers.::have :ense~teii :that..their::Comprelierisive.::C7pen Laiids ap wili preserve the praperty as vpen ace xf ttie golf eourse proposal.is.defe sp ated, :tiamng a:publrc vn. te:to':the;;con The VRp fact sk~eet aiso paints ouC that tl~e galf cQUrse de,signec; stakes..his:reputation an:the course's:safety: !That's::a.cozy message;: but. the VRD dlci_: not mention :that aiiother galf course aichitect: refused to be involved:with`tlie course; because , °in has;`~rrti's : vpon; "the site is n'ot large.;enough ta :desconstruct and operate a safe g~lf facitity" Richard IVI Phelps, wfio was picked: ot by;the vRD.a~:one :threefti~lists':to.:design;-the c~urse;:added, tfiat "We: detest trning d own possible.,woruf in clear ot conscience; we.cann recPmmend that°you That's somethin~; voiers ;rth~ruld::kndw,; ~ird their elected; rep~esent~ti,ves cin,:the VRD bo~iid s11601 d be.-anxious`to Cell:them al~oat it Accqrding Io"the fact ~ sheet ;.t}ie "nverwhelming mity " nf • o. hnme nwners ln;the Booth Creelr area:are. "100°l0" in favor cif the: course Wtiat's rnissing'here? The.Vul.Recreatiori:_District's own cornmunity survey indicated.there";i~±as more opposition thari suppnrt,for the course,. 1s~z't that a fact; fno7 ' ere are other'debatable issues ra~sed in the: face stieet, but yciu w o u l d n'. C k n a w:. b y r e a d i n i t:, I t s hou l d a 1so:.( ie nvted that::imemeirs of the recreat~on~:lio~rd h ave discusse b d; organ~zing a.letter writing: campaign to prdmate tlie gQlf,course',- hardly. an;:appropriate. function fvr a boaid supposedly:respoi~di,ng to the desues:vts. constituency. : . . , , Cauncil'inembecs suggested:that tlie VRD''see that "pro con'.'. . inforinational statements a.ne in~luded wi a1I alisentee;ballofs:-: We th 'certainly agree: . . : . . . : : , _ . . . , . . . Butdan'r know, that tlie prqv,ide that' VRD shp,uld ~t~~cirm~tion.:. ~ r. , 1 . 'ci' ' . ' . ' .i .:i . . - !1all Da1ly Tuesday, Oc4ober 4, 1994 Page 3 O AL . Task force to state fo r prep ~ 99 alp'i'ne h . Officials banking. ~;,e~sncoming in at about $10 airport to greet international visitors. ~~~~~~"~O~ ~8~ The cost of hosting the 1999, races has been estimated at $12-15 The . office of economic from-Vai8 event niillion. development also manned booths at Kallenberger, who is also the races to promote the state to By DabBtB 0. WiVtiaevos currently serving as the interim international businesses. Daily Statt Writer director of the govemor's office of economic development, said those Vail officials hope to convince A state task forc.e on the 1999 numbers were noticed at the state state officials to invest substantially World Alpine Ski Championships level. , in the tow.n before 1999 "to help will convene following November's "This time around we're make sure that the '99 gubernatorial election, a state probably going to be even more championships come off as well as official said Monday. active," Kallenberger said. "Clearly they can," Vail Town Manager Bob Larry Kallenberger, executive the reason (the eveni's) coming McLaurin said. director the Colorado Department back is because it was handled so of Local Affairs, said an well in 1989. McLaurin said the town hopes to interagency task force spearheaded "This time we want to do the get state funding for a number of by Gov. Roy Romee's chief of staff, same thing except do it with a little improvements, including Mike Beatty; will meet sometime more advance planning and maybe roundabouts at both the main and after the election to discuss the go at it twice as hazd." West Vail interchanges and an state's involvement i? ski racing's In 1989, Vail threw together a estimated $9 million to upgrade the premier event, which Vail is last-minute bid for the streets in Vail Village according to hosting. championships after Aspen pulled the town's streetscape master plan. "It's definitely a showcase oat. . event," said Kallenberger, who was When the International Ski "In 1999, we're going to be appointed by the governor to Federation awarded Vail the event, showing off to the world and we coordinate the state's participation organizers were left with a matter of want the place to look as good as it in the 1989 World Championships, months to plan the races. can," McLaurin said. also held in Vail. "It's a good "We were proud of our efforts in chance for a state to get good that regard," Kallenberger said. "I McLaurin said the governor's visibility on national and appreciate the vision of people in task force will be made up of international television." Vail who are looking this far representatives from the Town of The event also represents a ahead." Vail, the Colorado Department of windfall economically. The 1989 In 1989, the state installed Transportation, the office of event is said to have boosted special highway signs from economic development, the Vail Colorado's economy by $54.7 Stapleton International Airport to Valley Foundation and Colorado million, with the cost of hosting the Vail and sent state employees to the Ski Country USA. *VAPi TO~IV O75 South Frontage Road Office of the Town Mnnager Vail, Colorado 81657 303-479-21051 FAX 479-2157 October 5, 1994 ' Jeff and Molly Gorsuch 2425 B Bald 1Vlountain Road Vail, CO 81657 Dear Mr. and 1VIrs. Gorsuch: I am in receipt of your letter of October 3, 1994 concerning the Par 3 Golf Course that is proposed to be located in the Bald Mountain neighborhood. Although this property is owned by the Town of Vail, it is my understanding that authorization to use this property was given to the Vail Recreation District several years ago. The Vail Town Council's authorization was conditioned on the approval by the voters of the Recreation District. Accordingly, the VRD has scheduled this matter for an election at the IVovember 8th election. The Vail Town Council has not discussed the use of the property should the election fail. However, you should be aware that preservation of open space is one of the Town Counci]'s top priorities. Should the election fail I'm sure that the Council will be discussing this matter in the near future. We will keep you advised as to the status of these discussions so you can advise the Council as to your _ ;-feelings on this matter. . Once again, thank you for your letter. If you wish to discuss this matter in more detail please feel free to call me at 479-2105. Sincerely, , Robert W. McLaurin Town 1Vlanager RW1VI/aw xc: Vail Town Council Russell Forrest RECE:IvED ~ i; ~4 October 3, 1994 TO: Town Manager As a citizen of the Vail community for 28 years, the efforts to place the Par 3 golf course proposed for the Bald Mountain neighborhood on the IVovember ballot is an issue of immediate concern. As business owners in the Vail Valley, registered voters, home owners and permanent residents on Bald Mountain Road my wife, Molly, and I, find this issue especially close to home. The Vail Valley is a world class resort community. Undoubtedly, golf is a positive aspect 4hat contributes to the Vail Valley's appeal. It is well known that green fees on our area courses range from $68 -$98. In proposing the Par 3 course for the Bald Mountain area the fees would perhaps be less expensive thus allowing more locals and guests to be accommodated. But, after listening to the reasons advocating this Par 3 course's approval, we remain firmly opposed. The Par 3 golf course is the primary discussion of this letter, however, the greater focus is the subject of open space. As a community we must decide what we mean by open space or soon it will be too late. The area for the proposed Par 3 is one of the last remaining tracts of natural open space left in the Vail Valley floor corridor. To designate this space for a golf course would be short-sighted, restrictive and needless destruction of valuable and limited natural space. Lip service to open space is tired. We must decide what we really mean when speaking of open space. Is it a priority or not? We can choose now with foresight or be sorry later. Can we keep pretending that golf courses are the same as open spaces? How many golf courses does our valley need? Will we learn only when every open field, drainage and meadow has become a golf course with house upon house, row after row? What about the depletion and waste of our most valuable and increasingly scarce resource, water, when many residents in the private sector are presently forced to ration water? The proposed Par 3 golf course development does not constitute a wise, viable choice. Many have taunted saying `that if the voters don't pass the Par 3 golf course Yhat the space could be developed into employee housing, a police substation or public parking.' These speculations, however, are incorrecfi and prohibited according to the Town of Vail Open Space Covenants. Some have voiced that this space is merely a field of weeds. Others have added ,`Just develop the golf course and the property . 2 values will escalate.' Are these narrow viewpoints the only reasons and motives behind the golfcourse proposal or do we as a community have the integrity to meet the challenge and preserve our few remaining open space areas? Having spent my life in the Vail Valley, I have faith that we will act with responsibility. This is a beautiful piece of land. Walking it's perimeter one can see spectacular views of Bald Mountain, the Gore Range, Booth Creek, Pitkin Creek and the East Vail cliffs. Let this area be a place of beauty... a place with trees, flowers, rocks... a place for walking, picnics, thinking. Let it be an undiscriminating natural reserve. Act now. Respectfully submitted, Jeff and Molly Gorsuch G~~%?~ e4 TOWN OF VAIL ~ 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 FOR UMNIEDBATE RELEASE October 5, 1994 Contact: Bob McLaurin, 479-2105 Town Nianager COVERED BR9DGE RESTORATION DELAYED UNTIL SPRIIVC (Vail)--Restoration of the Covered Bridge in Vail Village has been pushed back until next spring to avoid the risk of fiurther delays on the project. The decision was made today by Town Manager Bob McLaurin. The project, originally scheduled to start Sept. 19, had fallen two weeks behind because of the delays in locating a crane large enough to move the bridge off its support. "This delay had put us up against a drop-dead completion date of IVov. 18," McLaurin said. "From a community standpoint, we just couldn't take the risk of interfering with Thanksgiving activities," McLaurin said. The project's contractor, G.A. Western from Paliside, Colo., has agreed to maintain the $150,000 contract price until next spring. Placement of a temporary bridge, which was to be installed east of the Covered Bridge, will also be postponed until spring. Once completed, the Covered Bridge restoration will strengthen the bridge's structural support without impacting the landmark's overall appearance. Lighting, landscaping and deck improvements also are included in the project. For more information, contact McLaurin at 479-2105. # # # TO~VN 4VAILL O75 South Frontage Road Office of the Town Manager Vail, Colorado 81657 303-479-21051 FAX 479-2157 MENiORANDUIVi TO: ' Peggy Osterfoss, Mayor FROM: Robert W. McLaurin~ Towrn Manager DATE: October 5, 1994 When we met with Joe Russell, Ken Hughey, Pam, and Suzanne Silverthorn to discuss communication between the elected officials and the staff several weeks ago, we agreed to get back together to continue to wrork on this issue. I wanted to take this opportunity to update you on what we have been doing since our last meeting. Internal communication is a serious issue which needs to be addressed within the TOV organization. Internal communication, includes communication among departments and staff members, as well as betwreen the elected officials and the TOV staff. In order to deal with this issue I intend to reallocate staff time as part of the changes in the 1995 budget. Specifically, in addition to focusing on external communication writh the media, Suzanne Silverthorn will be working to develop a communication structure and plan for our internal operations. UVe intend to address the issue of communication betvveen the elected officials and the TOV staff as part of this internal communications effort. As part of our ongoing communication effort (as recommended by the BBC report), I have been meeting with the employees on a regular basis. Most of the meetings have centered around employee forums where all the employees invited to attend. The second phase of my communication approach wrill be to meet with the employees in smaller groups. It is my intention at these meetings to eventually invite specific council members to attend these informal meetings to discuss issues of concern either by elected officials or by members of the various departments which we are visiting. I hope this memo helps update you on our progress with this issue. If you have questions or wish to discuss this further, please let me knovv. RVVM/awr xc: Vail Town Council Ken Hughey, Chief of Police Sgt. Joe Russell Suzanne Silverthorn, Community Information Officer Pamela A. Brandmeyer, Assistant Tow?n Manager C:10sterfoss.mem a , a eg T01-VIV OF VAIL ~ 75 South Frontage Road MED@A qpVISORY Vail, Colorado 81657 303-479-2100 October 5, 1994 FAX 3Cd 0jjjg-(~157 Suzanne Silverthorn Communifiy Informa4ion OfFice 479-2115 VAIL TOWN COJNCBL HIGFILIGHTS FOR OCTOBER 4 lNork Sessaon Bruefs Councilmembers presen4: Lapin, Navas, Osterfoss, Steinberg, Strauch --fViarketing/Special Events/Sister Cities/Information Booths The Council heard a presentation from Frank Johnson, president of the Vail Valley Tourism & Convention Bureau, and Kate Collins of the Avon-Beaver Creek Resort Association, to consolidate tourism promotion efforts through a single, valleywide organization. As proposed, the organization would be comprised of a board of directors and five citizen committees to coordinate five key areas: marketing; special events; group sales; information/communication; and chamber of commerce. The effort recommends the following participation levels to fund the program in 1995: Town of Vail, $874,804; Town of Avon, $218,722; Beaver Creek Resort Co., $181,350; Vail Associates, $116,025; $116,025; Chamber Dues, $221,110; Group Commissions, $344,025; and Central Reserva4ions, $165,000. The Council agreed to attend a joint meeting with members of the Avon Town Council, Beaver Creek Resort Co., Vail Associates and other key stakeholders to discuss the concept in more detail. The meeting will be scheduled from 8 to 10 a.m. on Oct. 11. Attempts will be made to use an outside facilitator from Northwest Colorado Council of Governments. The Vail Town Council must agree on a marketing budget figure by Nov. 1. That's when the 1995 budget will be considered for first reading. --Other Marketing Discussions Jan Strauch, a member of the Vail Valley Markefiing Board, shared a report with the Council on the economic benefits of the summer marketing program. Strauch said the report shows strong gains in summer tourism while winter business shows some stagnation. Tom Steinberg said a recent survey by the Bravo! Colorado fViusic Festival showed that 20 percent of the event's patrons are drawn to Vail because of the concerts. --Update on Eagle River iVianagement Plan Russell Forrest, senior environmental planner, presented an overview of the Eagle River Management Plan. The documenfi is a cooperative effort among towns, Eagle (more) . Council Highlights/Add 1 County, citizens, and state and federal agencies to identify problems and outline actions to address water quantity, water quality, wildlife habitat, recreation opportunities and land use impacts and regulations along the Eagle River. Forrest said the management plan stresses development of water conservation strategies and a discussion of water storage needs. Forrest also provided an overview of the Eagle River Assembly report which focuses on water quantity issues. For additional information on the management plan, or for a copy of the Eagle River Assembly report, contact Russell Forrest in the Community Development Department at 479-2138. _ --1995 Budget Overview Town Manager Bob McLaurin and Finance Director Steve Thompson presented an overview of the 1995 proposed budget. The $27.5 million proposal is funded by revenues of $25.3 million and fund balances of $2.2 million which have accumulated through deferred pr.ojects. The town's four percent sales tax, which accounts for 53 percent of the town's revenue, is projected to increase 5.5 percent over 1994 collections, with 1 percent ($128,000) of the increase generated by the town's free evening parking program. Real Estate Transfer Tax collections are expected to produce $1.7 million for 1995; the estimate for 1994 is $2 million. The 1995 budget includes an additional 2.51 full time equivalent (FTE) positions to maintain existing service levels, including retention of a planner position created mid-year in 1994. Due to the mill levy swap with the Vail Recreation District, property tax revenue decreases by 19 percent in the town's 1995 budget, representing 7.3 percent of total revenues. The $543,243 property tax transfer was approved by voters last spring. As a result, the town's mill levy will be reduced by 1.31 mills to 4.89 mills. The mill levy reduction includes raising revenues generated by the property taxes by 5.8 percent under a formula created by Amendment 1. The formula was derived by adding the local growth figure of 1.6 percent as calculated by Eagle County, plus the Denver-Boulder Consumer Price Index figure of 4.2 percent. Last November, Vail voters exempted the town from Amendment 1 revenue and expenditure caps. However, the property tax cap remains a requirement of Amendment 1 in addition to voter approval of all new taxes and tax rate increases and voter approval of new or additional Town of Vail debt. In his budget message to the Council, Town Manager Bob McLaurin said the most significant and serious challenge for the future will be to deal with the increasing demands for service with little increases in revenues. Since 1990, for example, the average rate of sales tax growth has been 4.3 percent, McLaurin said. This is only slightly greater than inflation for the same period. At the same time, demands for municipal services are increasing, he said: For example, calls for service at the Fire Department have increased 60 percent between 1988 and 1992; total crimes reported to the Vail Police Department between 1988 and 1994 increased 21 percent. McLaurin suggested the need to determine if Vail is losing market share and to determine what can be done to regain it. For more information, or for a copy of the proposed budget, contact McLaurin at 479-2105 or Steve Thompson, finance director, at 479-2116. (more) a a: Council Highlights/Add 2 --Information Updates At the Council's request, Assistant Town Manager Pam Brandmeyer shared a report from the Public Works Department on the extent of in-kind services provided to the Vail Valley Foundation during the World iVlountain Bike Championships. The figure was $7,200. The town also supported the event with a$20,000 cash contribution. The Council received a brief update on the Vail Valley Citizen of the Year Award, sponsored by the Herb and Nicole Wertheim Family. Library Director Annie Fox indicated the community reception, now approaching its 10th year, will be scheduled during the upcoming holiday season, although it might be combined with a summer activity in future years. Nomination suggestions for the 1994 award should be submitted to Fox at 479-2183. Past recipients have included President Gerald R. Ford, George Gillett, Pepi Gramshammer, Paul Johnston, Rod Slifer, Jack Crosby, Helen Fritch, Harry Frampton, Nierv Lapin, Kent Rose, E.B. Chester and Peter Abuisi. --Council Reports Tom Steinberg said represen4a4ives from 4he Bravo! Colorado Music Festival were interested in discussing patron parking options for the 1995 season. Sybill Navas gave an update on funding awarded recently by the Special Events Commission. The amounts are: $10,500 in four payments to Tom Britz of Vertical iViarketing, Inc., to attract the International Pipe Band Championships and Celtic Games in September of 1995, a three-day event that could draw as many as 30,000 visitors each day; $500 to the Vail Public Library and the National Children's Theatre for a collaborative summer reading event; and $1,000 to Friends of the Dance for costumes to create an annual Nutcracker baflet performance the weekend before Thanksgiving. After attending a symposium on summer fourism, Jan Strauch said he believes the competition for summer travelers will become increasingly fierce among all ski resorts nationwide. iVierv Lapin said Gov. Roy Romer has expressed interest in discussing the state's involvement in the 1999 World Alpine Ski Championships. Eveuvung Sessuon Br6effs Councilmembers present: Lapin, Navas, Osterfoss, Steinberg, Strauch --Citizen Participation Joe Staufer, owner of the Vail Village Inn, voiced his concern about continued "noise pollution" problems in Vail Village. He suggested the Council pass an ordinance banning the use of amplified sound ou4doors. Staufer also called for crea4ion of an emergency services substation in VVes4 Vail to help reduce "noise pollution" caused by Village-based emergency vehicles which have been responding to a growing number of (more) Council Highlights/Add 3 calls in West Vail. Jack Curtin, another business owner in the Village, said the noise situation along Bridge Street this summer was "intolerable." In response, the Council encouraged Staufer and Curtin to participate in an evaluation of the noise issue at a public discussion scheduled for the Nov. 22 work session. --Greenbelt and Natural Open Space Zoning Text Amendments Following a lengthy discussion, Council voted 4-1 (with Lapin opposed) to approve on second reading an ordinance updating the town's open space zone districts. The measure modifies descriptions of two zone districts--Greenbelt and Natural Open Space and Public Use--and creates a new zone district called Outdoor Recreation. A fourth district, Agricultural Open Space, remains unchanged. Much of the discussion yesterday focused on a desire by Lapin and several other Councilmembers to tighten development standards in the public use district, especially those involving "quasi- public" uses such as a private school or hospital. The Council agreed to address those changes to the public use zoning district standards in January 1995. Yesterday's passage now enables staff to begin reviewing numerous properties to determine if any parcels require a rezoning process. For more information, contact Jim Curnutte in the Community Development Department at 479-2138. --Employee Housing Unit, 770 Potato Patch The Council voted 5-0 on first reading to remove a restriction which had prohibited the sale of an employee housing unit at 770 Potato Patch. The action is needed to clear the way for purchase of the caretaker unit by the town from the Federal Deposit Insurance Corporation (FDIC). The measure will be considered for final approval at the Oct. 18 evening meeting. For more information, contact Town Manager Bob McLaurin at 479-2105, or refer to the news release issued Oct. 4. --Par 3 Discussion In what was billed as an information sharing session, 22 residents stated their opinions- -for or against--the proposed Booth Creek Par 3 Golf Course. On Nov. 8, voters within the Vail Recreation District will be asked to authorize a revenue bond issue to finance the 9-hole course on Town of Vail property. The election had been requested by the Vail Town Council to enable district voters to determine the project's fate. Last night, the Council referred to its Comprehensive Open Lands Plan which proposes to preserve the property as open space if the golf course proposal is unsuccessful. The Council yesterday also suggested the VRD ask the county to include "pro-con" informational statements with all absentee bal?ots. The deadline for voter registration is Oct. 14. # # # ECtiVED ~ ~Z 3 1994 Town of Avon P.O. Box 1726 Avon, Colorado 81620 (303) 949-6121 September 29, 1994 &4~ a c. Ms. Pe ggy Osterfoss Mayor ~ Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Peggy: The Towrn of Avon has continued to pursue a FTA Section 3 Grant for the acquisition of buses to be shared seasonally with Central City. As you are aware, we have been working diligently on this project for well over a year. Until recently, it has been an uphill struggle. This past week, the Town of Avon met with Colorado Department of Transportation (CDOT) to again attempt to uvork out several issues (one of which was the TDP requirement for Central City) of concern to CDOT regarding the grant application. We are pleased to announce that those hurdles are nouv behind us and we are, once again, pushing forward. Our intent is to now submit a new FTA Section 3 Grant Application for the acquisition of three (3) buses to be shared seasonally with Central City. VVe have met several times recently with the Mayor of Central City and staff to discuss the inter workings of a IGA between both governments. Submissions of the grant application is the next step in the project. It would be appropriate at this point for each of the supporting members of the Regional Transportation System to budget for their share of the local participation of the grant. The FTA Grant is a 80/20 grant with the 20% being shared between Central City (10%) and the Regional Transportation System (10%). The requested funding amount is $606,000 for the acquisition of these buses. The local share for the Regional System is $60,600. The allocation of the local share for the Regional Transportation system would be as follows (assuming an allocation similar to the previous FTA grant): $13,938 Vail 23% $27,270 BCRC 45% $10,302 Avon 17% 9,090 Eagle County 150/o $60,600 100% This letter will serve as our request for your organization to budget for your share of the local participation in 1995. Sincerely, VVilliam D. James Town iwanager cc City Council TRANSIT Operated by the Town of Avon Transportation Division . kECEIV ED ~ "T ~ g.'. ~ HATMONAL OFF-ROAD B'CYCLE ASSOC,ATOGH M ~ ~ . September 20, 1994 1VIs. Peggy Osterfoss 1Vlayor Town of Vail 75 South Frontage Road Vail, CO 81658 I7ear PeggY: On behalf of the National Off-Road Bicycle Association (NORBA), our staff, guests, and members of the United States National Team, I would like thank you and the Town of Vail for the support of an outstanding World Mountain Bike Championships. We were very proud of the manner in which Vail presented the sport to the international mountain bike community. From early indications, it appears that the Championships had a very positive economic impact on Vail and I would value any impressions or statistics that your office has gathered. I hope that the event met your expectations and that you enjoyed watching the competition. We consider Vail, Vail Associates, and the Vail Valley Foundation to be important partners of NORBA, and look forward to bringing international mountain biking back to the community of Vail. If we can be of assistance, feel welcome to contact me. Thank you, again. Sincerely, „ r` Y Philip 1Vlilburn Associate Executive.Director cc: John Garnsey One Olympic Plaza m Colorado Springs, CO 80909 0 719-578-4717 ~ FAX 719-578-4628 L~~~~:. ,iu- z-uz , J•1c i JUJJ60/GU(y JUJ~(~~I~7i~ 1/ 1 . ` : t• : : ; Ii1(,U:(.UUN'IY ItUlll)INl; ()I'fl(7()f IIII' .iUGHIt(IAI)NjIY (.'fIUNIYMANA(T-1: ` ' •r:.. . 11 .0.U()k b/U;I I, )I.(1RAI)U tl l4.'f l Cl(I:!) 3'/aH11915 i.• ~ fAX: (.Sil.t} .l'lA-%lf )T ' ~~~•r EAGLE COlJ1VTYo COLORADO N 1) t t m 'U'o: EA& L'.o" EMp9oyMS Fa*om: Dask 1Lzwis, Coueq ~ana g llaec: ~b~ 4, 19~ Vt saddens me vx) iuafOrm yOa ftt LMY AR ecIk, di~ ~~venisag of a?remi attack. MY symIathY ~oes out to his amiey wec9 his ffmg? frIen&. He wdl be enissed by all of us. laffy aaaade Eatglc cCouao8y ~ sp=W p?am. t e a ~ ~ ~I l TOWN OF VAIL 75 South Frontage Road Office of the Mayor Vail, Colorado 81657 303-479-21 DO FAX 303-479-2157 September 30, 1994 1VIr. 1Vlonis Ginsburg - Ginsburg Investments 370 17th Street, Suite 5060 Denver, CO 80202 Dear 1Vlorris: I am sorry that you had such a poor ending to a nice evening. In general, we have a policy of giving warning tickets except when there are parking alternatives. On August 6, there was parking available at the main parking structure. Parking is not allowed on the Frontage Road because it is not safe according to the Colorado Department of Z`ransportation. Z`he Frontage Road is owned by the State - not the Town of Vail. The event at the Amphitheater was scheduled by the Vail Valley Foundation and the ball games were scheduled by the Vail Recreation District. Town Council has requested that the two entities coordinate their schedules as that there are not ball games during sold-out Amphitheater events. 1Vlorris, both the Vail Valley Foundation and Bravo! Colorado provide golf cart assistance to anyone who is physically unable to walk to the Amphitheater. Please contact them to determine where they will meet you. Again, I'm sorry for your inconvenience. Sincerely, k~ 1Vlerv Lapin Mayor Pro-Tem ML/aw ' ` . 'd'OWN OF ~~IL Input / Inquiry Response Itecord The attached comments were recently received by the Town of Vail. We encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE CONCERNS WITHIN FIVE VrIORKING DAYS AND RETURN THIS CONIPLETID FORIvI TO PAM BRAIVDM[EYER. DEPARTMENT TO HANDLE INQUIlZY 6" INDIVIDUAL TO HANDLE INQUIlZY DATE TOV RECEIVID IlVI'UT/INQUIItY ~BG •y~ TYPE OF INPLTT / INOUIRY: PHONE CALL (indicate date) LETTER (attached) V' 21Gt4-L X C:ka'vul ~ ~~u.~.c-(- UI ~ N ~ ~-~l~ ? YWw ~ RESPONSE CARD (attached ~"U`~' • ) ~ TYI'E OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONSE OR AlVS`^.ER TO IlVOtTIlZY: DATE OF RESl'OIVSE FORM[ RETURNED BY DEPARTMENT TO I'AM BRAIVDMEYF.,R; A copy of this inquiry and form will remain on 61e at the TOV Community Relations office. As soon as this form is retumed to Pam Brandmeyer, this inquiry will be considered closed. THANK YOU FOR YOUR TIMELY HAiNDLING OF THIS LSSUE IF YOU HAVE ANY QUESi10N5, PLEASE FEEL FREE TO CONTACT PAM BRANDMEYER AT 479-2113. RECEIVED ~v~ ~ 0 '99k . GINSBURG INVESTMENTS ~ a~W4'Tz August 24, 1994 Merv Lapin 75 South Frontage Road Vail, Colorado 81657 Re: Parking Citation Number 07507244 Dear Mr. Lapin: I would like to make a formal complaint regarding the above-mentioned citation. I own property in Vail and I am up there every weekend. I think it is a shame that the Town of Vail would ticket someone who is attending an event when there were numerous other events going on at the same time. In other words, there were three to four other events happening in Vail on August 6, 1994, which led to insufficient parking. I guess my question is, why would the Town of Vail plan for so many events all on the same night with so little parl:ing? The people in rny party were physically unable to walk very far and then too find a citation on my windshield was most annoying. There were probably 30-40 cars which had been ticketed in this lot. It made for a most unenjoyable ending to an otherwise fairly nice evening. Very truly yours, GINSBURG INVES MENTS . Morris Ginsburg ~ President MG/ll ,~'71177/r~~.eeG • S°,~'./e.SOG/l 1~e.i..e.; ~°a~a~do80102 • /~'/l>/S91-l.~~ll • .~az:/~ll~/5:9~-457~ ~ , . . . . ~ . . . ~ . . ' ' • - P • o • ~ - : • • Vail, . • ' County ~ . Paeking Citation Plumber 07507244 ~ . Officer: ~A.T, Badge No: 260 ' On (dat~~~ At (time):19. 34 In Violation of the Model Traffic Code, for Colorado ~ Municipalities 1977, and Title 10 of the Town Code ' ise specified: . ~ of Vail unlessi91w IiMPEDING TRAFF%C 10-5 ~ If Paid on or before 21 days ~ from date bove Fne: $ 16° A~ter 21 days fine $ 21e r~ . Ucense Number 16EB32 COLORADO` 1994 ~ • " . Make: CADILLAC 4 DOOR ~ WHITE . ~ At or Near (location): SaCCER FIELD ~ ~ e • SEE REVERSE SIDE . ' • • • _ _ . . ;z:, • . . . ~s.a~..~ ' - -u. . :aL-•.Fi?~L~:.ieYLdraw.; v~n.d~Ti'~~'~~a.~:..~_: . . 6 i . _ • . ii~ . . . , ~ ~ i a - ~ . . ~ ~ _ `f ' . . ' " . . . , . . . . , . " ' . . ~ t i - ~ - , . r • . . . 1 j . . . , ~ NOYICE OF P/4RKIiVG i/IOLATiON YOWN OF VAiL, EAGLE COUNTY . . . . . . . 1. Flne uwwn wW INCREASE N not paid within 21 deys. 4. IF YOU YNSH 70 PAY IN PERSON, do so at the location below betwean 8:00 AM 2. YOUMUSTAPPEAEl at the bcalion shown bebw a REMIT FlNE within 21 daya end 4:30 PM Monday throuph Fdday. 3, IFV UwISHT(1PROTEST this parking citetbn you musl eppear In persan at Central Cashier • 75 South Frontape Hoad ' bcalbn ahorn bolow lo aet e heariny dete. VaU Municipal Bufldinp Vail, CO 81657 ' LowerLevel (303)479-2132 , C811 (303)478-2132 IO! 8 hBOfifIQ dBtB. HFARIN S RF H I n pT GEar0.N T1MES. 5. IF YOU YNSH TO PAY AF'fER REGULAR BUSINESS HOURS OR WEEKENDS, a drop ~ Municlpal Court"' sbt fs bceted In the lobby ot the Vail Police DepartmenL . ~ VsU Municipal Building Drop ON Slol 75 Soulh Frontepe Roed Vall Munlcipal Building 75 South Fronlage Road Veil, CO 81857 Police Department Lobby Vail, CO 81857 ' (303)479-2132 8. IF YW WISH TO MAIL FINE, you may do so using the emelope provided with this ~ notke. Do aot mall cash. ~ . IAAPORTANY iVOTICE VAIL MUNICIPAL COURT Mailcheckormoneyorder.PleasewriteCITATION pARKING DIVISION NUMBER and UCENSE NUMBER on the check. Make check payable: VAIL MUNICIPAL COURT. t 7~j S. Frontage RC~. ~:`;"~',:;Ru.. " ~ ~D• • " Wl~h VA1 L, CO 81657-5096 . Insertinenvelope aboveaddress displayed in envelope•window , ~ t fF e~ TOWIV OF VAIL ~ 75 South Frontage Road Yail, Colorado 81657 303-479-2100 FAX 303-479-2157 FOR WMED@AT(c RELEASfE October 4, 1994 Contact: Bob iVicLaurin, 479-2105 Town Manager VNL TOiNft! C099NC9L ACTaON EXPECTED TO CLEAR WAY FOR PURCHASE OF EAAPLAVEE HOl1SIfVC UIVIT (Vail)--The Vail Town Council will consider an ordinance on first reading today (10-4) which, upon final approval, will enable the town to purchase an employee housing unit. The town has already entered into a contract to purchase the caretaker unit at 770 Potato Patch Drive Condominiums, according to Town Manager Bob McLaurin. But to complete the transaction, the Council must amend an ordinance passed in 1981 which prohibited the unit from being sold. NicLaurin said the opportunity to purchase the unit occurred as a result of the Federal Deposit Insurance Corporation (FDIC) becoming the successor in interest to the Silverado Investment Company, which had heid title to the property. The FDIC had filed a lawsuit to guarantee it had good title to the property and to remove the restriction against selling the unit. The town entered into the agreement to purchase the unit at a settlement conference on Aug. 29, 1994. The Town purchased the property to ensure the deed restrictions would be {eft in place. The purchase price is $70,000 and will be funded from the Town of Vail housing fund. (more) Employee Housing/Add 1 The Town Council has not yet determined if the unit will be sold or leased to a qualified employee, according to McLaurin. The action will represent the first purchase of a unit by the town since acquisition of the town manager's residence in the 1980s. For more information, contact McLaurin at 479-2105. # # # e4 TOW1+I OF UAIL 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 FOR GMMEDiATE RELEASE October 6, 1994 Contact: Bob fVlcLaurin,.479-2105 Town Manager ADDIYIOfVAL PLe4NNER ADDED TO VAIL COMMUNITY DEVELOPMENT DEPARTMEPVT (Vait)--The Town of Vail has added a new planner to its Community Development Department to help meet the needs of residents and businesses. Lauren Waterton joined the staff effective Sept. 6 as an entry level planner. Her primary duties involve handling applications for consideration by the Design Review Board (DRB). Town Manager Bob McLaurin said the new position was created to handle increased activity from builders, residents and developers. DRB applications, for example, have risen from 364 requests in 1989 to 691 in 1993. Waterton has a master's degree in urban and regional planning from Portland State University in Portland, Ore. She has senred as an intern with the City of Portland in the Bureau of Planning and most recently served as a planner for Covvlitz County in Washington state. Waterton lives in Minturn with her husband, Nigel. "We are very pleased to have Lauren on the staff," said McLaurin. "The town is most fortunate to be able to attract such high caliber professionals to our Community Development staff." The new position is being funded through the increased volume of application fees. McLaurin said the position will be eliminated through attrition when the demand for service is decreased. # # # 4VAIL T01~1 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 MEpp,q p,DVISOFiY October 7, 1994 Contact: Holly McCutcheon Town Clerk 479-2136 COMMBTTEE SEEKS T'O REPEAL TO!! ASSAULT WE,4PONS ORDINANCE Town Clerk Holiy McCutcheon today (10-7) accepted a document from a citizens committee working to repeal the Town of Vail's ordinance restricting the sale and possession of assault weapons. The document, as required by the Town Charter, is entitled: Affidavit of the Petitioner's Committee to Repeal Ordinance 15, Series 1994. The committee is made up of five registered Vail voters. They are: Michael D. Jewett, Albert A. Hauser, Arthur L. Kittay, Andres F. Pena and Hal R. Reichardt. Today's filing of the Petitioner's Committee Affidavit activates a process to circulate a petition to repeal the ordinance. The petition must be signed by 10 percent of the total number of electors registered at the last Town of Vail municipal election, which was 2,887. According to the charter, the petition signatures must be filed within 30 days after adoption of the ordinance by the Town Council, which was September 20. If the group is successful in gathering the appropriate number of valid signatures within the time frame, the Town Council would then be required to reconsider the referred ordinance by voting its repeal. A three-fourths majority vote of the entire Council would be needed for repeal. For more information, contact McCutcheon at 479-2136 or Assistant Town Manager Pam Brandmeyer, at 479-21 13. # # # I~94 H rC M I October 5, 1994 The Honorable 1Vlargaret A. Osterfoss - Mayor of the Town of Vail 'r,•, 75 So. Frontage Road B I C Y C L I Pd G Vail, Colorado 81657 ADVIS9RY BOARD RE: Colorado Bicycliizg Advisory Board Eton RoMER Our File 1Vo: 93-45 Governor JACa lEtllaff Dear Mayor Osterfoss: Chair Arapahoe Counry The Colorado Bicyclitag Advisory Board is a group of volunteers appointed by adIIMosA couw8v the Governor to encourage bicYcling for recreation and transportation Carol A Teckenbrock purposes. We serve without compensation or reimbursement of any kind. We RaAPANoE couNrv normally meet at the Colorado Department of Transportation building in Creigh J. Kelley Patricia M. Moore-Gode Denver. On occasion, we are invited to conduct "town hall" meetings Raymond E. Mohr concerning bicycle riding in the State of Colorado, at this time in Vail Valley aoudDER couNYV in particular. Paui M. Balaguer Stephen M. Brett Mark S. Feuer I would like to invite you to participate in our "town hall" meeting, which is Andrew H. Johnston Martha L. Roskowski scheduled for October 11, 1994, at 7:00 p.m. While bicycle riding is an D&lYA COUNTY increasing activity, it also brings with it a potential for increased conflicts with Melanie S. Fairlamb motorists and the remaining public at large. In order to perform the DEbHE4@ COUNTY responsibilities which the Governor set forth in the Executive Order Herb Berger establishing our board, it was deemed worthwhile that we conduct these series Albert H. Fogleman, Jr. of ineetings throughout the state at various times. This will be our first Roberto L. Gonzales William G. Imig meeting this year on the West Slope, and we look forward to your attendance. James D. Mackay Jerome K. Nagel Dong N. Ngo It is our hope you will attend and participate in this meeting. Attached to this Alvin H. Talbert letter is a copy of the press release setting forth the time and location of the Elizabeth S. Wrenn-Estes meeting. DouGd&s couoarv Merle D. Grimes Charles B. Henderson Very truly yours, ffL PASO COUNTY Richard A Sisung COLORADO BICYCLING ADVISORY BOARD GARFIELD COUNTY Steven W. Smith Peggy Utesch ~ ~ aEFFERso~ couNrv j,evine Pamela Sue Hermann James G. Kennedy glr LARIMER COUBdYY Michael J. Doten JL/llg CAEsa couNxv Encl. Rebecca L.Jessen wp.2798 W&LD COUM Anthony Moreno 4201 E. Arkansas Avenue • Denver, CO 80222 Mailing Address 4643 South Ulster St., #1480 • Denver, CO 80237 •(303) 694-4630 • Fax (303) 694-4633 PRE, SS RI CMEASE FOR IMMEDIATE, USE MOTORISTS AND CYCLISTS ON THE ROAD: B I C Y C L I N G TOWN MEETING TO A.IR CONFLICTS ADYISORY BOARD ROY ROMER Governor- EVeIIt: Colorado Bicyclifag Advisory Board's Town Meeting JACK LEYIME Date: Tuesday, October 11, 1994 Chair Time: 7:00 p.m. Arapahoe County Location: Trails End Restaurant, Lionshead Gondola Building ALAMOSA COUNTY Vail, Colorado Carol A Teckenbrock ARAPANOECOUNTY Creigh J. Kelley Patricia M. Moore-Gode Raymond E. Mohr A town meeting in Vail, Colorado, will examine issues between cyclists and BOULDER COUNTY motorists in Vail Valley. Citizens are encouraged to join in a discussion with Paul M. Balaguer a panel of law enforcement rePresentatives ublic officials and cycling Stephen M. Brett ~ p , Mark S. Feuer professionals. Organizers hope for a lively discussion concerning the rights Andrew H. Johnston and responsibilities of both cyclists and motorists and the role of law Mar[ha L. Roskowski , enforcement. The eveiat is free and opeiz to the public. DELTA COUNTY Melanie S. Fairlamb DEIdYER COUNTY The town meeting is organized and moderated by the Colorado Bicycliizg Herb Berger Advisory Board, a group appointed by Governor Romer to advise on statewide Albert H. Fogleman,jr. bicycling issues. The board is holding meetings across the state to discuss Roberro L. Gonzales William G. Imig local issues and strategize on solutions. James D. Mackay Jerome K. Nagel Dong N. Ngo Alvin H. Talbert Elizabeth S. Wrenn-Estes Invited Panelists: ' DOUGLASCOUNTY Merle D. Grimes ' Charles B. Henderson George "BllCi" Gates, Eagle County Commissioner EL Paso couNrr .Tohnnette Phillips, Eagle County Commissioner Richard A Sisung James E. Johnson, Jr., Eagle County Commissioner GARFIEID COUNTY David E. Wattenburg, Colorado State Senator Steven W. Smith Jack Taylor, Colorado State Representative Peggy Utesch Bernie Buescher, Grand Junction, State Transportation Commissioner JEFFERSON COUNTY Pamela Sue Hermann James G. Kennedy LARIMER COUNTY Michael J. Doten MESA COUNTY wP-2781 Rebecca L.Jessen WELD COUNTY Anthony Moreno 4201 E. Arkansas Avenue • Denver, CO 80222 Mailing Address 4643 South Ulster St., #1480 • Denver, CO 80237 •(303) 694-4630 • Fax (303) 694-4633 RECE1 Veo oot September 29, 1994 Mayor Peggy Osterfoss 75 South Frontage Road Vail, Colorado 81657 Dear Mayor Osterfoss: I am a resident of Vail who appreciates its beauty and year round recreational activities. As you are aware, traffic in the town has become increasingly congested and many times it is virtually impossible to find a parking space unless you arrive early in the morning. I am writing to you to ask for your support at the Town Council Meeting on October 18th where Vail Transportation will present its proposal for the addition of a bus route to service Lionsridge Loop (including Vail Point) this coming winter. This route will not only provide a much needed alternative for the residents of this area, but will reduce the number of vehicles in the Village while encouraging additional commerce. It is essential that we do whatever possible to lessen the negative ecological impact on this very special area and the creation of this transit route is an important step in this direction. I can't stress how important your support is to this effort. Sincerely, ~ ~ - 303~~Fa/,-s3;;Z-/ " P.ECEIV`; ; rw7 September 29, 1994 Mayor Peggy Osterfoss 75 South Fronta2e P,on.i Vail, Colorado b 1`u,-)i Dear Mayor Osterfoss: I am a resident of ;!ail who apPreciates its beauty and year round recreational activities. As a, traffic in the town has become increasingly congested and ;i::;-~~; ,!irtually impossible to find a parking space uniess you arrive early in t ..........~I am writing to as!< for your support at the Town Council Meeting on e7ctober 18th wl1i:r~. 'I'ransnortation will present its proposal for the addition of a bus route to L:,;<<sriclge Loop (including Vail Point) this coming, winter. Tliis roiite not only provide a much needed alternative for the residents of this arei, bu+ rrduce the number of vehicles in the Village while encouraging additio,m! cm.,'!1nrCC. It is essential tliaL c10 possible to lessen the negative ecological impact on this a and the creation of this transit route is an important step i n t h i s:! i:-:_• ~ i:~~~. I can't stress how important your support is to this effort. Sincerely, GZ,,rc / , ~ . J. lb be ej,~ S d 101~ ~ Ua:, ~ ~ RECEIVED 0 C' 9 . ~ RADIOLOGY Of Colorado, P. C. Diagnostic Imaging October 6, 1994 Mayor Peggy Ostergoss 75 South Frontage Road Vail, Colorado 81657 Dear Mayor Oster.fosso As a resident of Vail, I would like to ask for your support at the Town Council Meeting on October 18th at which time Vail Transportation will present its proposal for the addition of a bus route to service Lionsridge Loop (including Vail Point) this coming wintera This route would certainly be a great asset, both as a much-needed alternative for the residents of the area and also from an environmental perspectivee Your support is very important in this efforto Thanking you in advance, I am Sincerely yours, 6dayne W. 6denzel, M.D. Business Office 1820 Gilpin Street Suite 210 Denver, Colorado 80218 (303) 388-0383 Fax (303) 388•6396 oiwB RECcIV`LE'd ~ - ~ ` ~Mr. & Mrs. Daryl Brady 1881 Lionsridge Loop #7 Vail, CO 81657 October 7, 1994 Mayor Peggy Osterfoss 75 South Frontage Road Vail, CO 81657 Dear Mayor Osterfoss: We are property owners in Vail. We, our two teenage daughters, four sons, many of their friends, and ours, spend a lot of time there, winter and summer, enjoying everything Vail has to offer. In the past, transportation to and from our home to the Village and Lionshead, has been a dilemma. We've experimented with many different modes of transportation, and the bus is, by far; the most ecological, and desirable. Finding parking in winter months is always a problem. The bus, however, is not very accessible from where we live, especially during winter months with ski equipment in tow. We are writing to solicit your support at the Town Council Meeting on October 18th where Vail Transportation will present it's proposal for the addition of a bus route to service Lionsridge Loop (including Vail Point) this coming winter. This route will not only provide a much needed alternative for the residents of this area, but will reduce the number of vehicles in the Village, thus making parking available to more out of town visitors. Thank you in advance for your support of this effort. Sir~cerely, 34 , ,-,-D`aryl & Wendy 4Bra, Ke.ZZ y, Lindsr, C ey, Brad & Bret Brady (The Brady Bunch) RErEiVEL° OCT 9 9 1994 September 29, 1994 Mayor Peggy Osterfoss 75 South Frontage Road Vail, Calorado 81657, Dear Mayor Osterfoss: I am a resident of Vail who appreciates its beauty and year round recreational activities. As you are aware, traffic in the town has become increasingly congested and many times it is virtually impossible to find a parking space unless you arrive early in the morning. I am writing to you to ask for your support at the Town Council Meeting on October 18th where Vail Transportation will present its proposal for the addition of a bus route to service Lionsridge Loop (including Vail Point) this coming winter. This route will not only provide a much needed alternative for the residents of this area, but will reduce the number of vehicles in the Village while encouraging additional commerce. It is essential that we do whatever possible to lessen the negative ecological impact on this very special area and the creation of this transit route is an important step in this direction. I can't stress how important your support is to this effort. Sincerely, co . s ~ REC~I~'~'~ ~?~;r 9 t f994 September 29, ! 99=t Mayor Peggy Osterfoss , 75 South Frontap n^~~! Vail, Colorado Dear Mayor Ostcr!:,~;~:: I am a resident ot `,'nil who anpreciates its beauty and year round recreational activities. As „ traffic in the town has become increasingly congested and :.~,'irtually impossible to find a parking space unless you arrive earl y I am writing to ;;'„r your support at the Town CounciI Meeting on October 18th ~vhcr -'('r~nsnortation will present its proposal for the addition of a bus rouic L:,,,,5riclge Loop (including Vail Point) this coming winter. This row-; ..:!1 rot c,nly provide a much needed alternative for the residents of this a;-~:;. ;,.~e -.:;!,,ce the number of vehicles in the Village while encouraging adcii!:;...,' It is essential t~:::: :...,~~•cr possible to lessen the negative eco(ogical impact on this and the creation of this transit route is an important step in can't stress how important your support is to this effort. Sincerely, 4U4~, / ~ ( C.~L~ ~ ~ ~ REcEivED Oc -F 1994 October 6,1994 idiayor Peggy Osterfoss 75 South Frontage Road Vaii, Colorado 81657 Dear Mayor Osterfoss, I join my neighbars , in asking for your support for the addition of a bus route to serve Lioxtszidge Loop. Vtle welcome an alternative to traffic congestion and parking back- ugs in ski season. This alternative to driving can help preserve the ambiance of Vail. We at Vail Point would welcome this enhancement to our community. VVe would cerLiinly appreciate your support at the 'I'owm Council meeting on October - 18. Please support the recommendation of Vail transportation, V trui Vl err ach \lail Point 1881 Lionsridge Loop- Unit 5 I RECElVEO Gcr I . 1994 . September 29, 1994 Mayor Peggy Osterfoss 75 South Fronta2.- Vail, Colorado S Dear Mayor Ostcr".':-~;: I am a resident ot `,'nil who nnpreciates its beauty and year round recreationa] activities. As traffic in the town has become increasingly congested and .;v:rtually impossible to find a parking space unless you arrive eark, I am writing to ;'.;r your support at [he Town Council Meeting on October 18th "`1 'i'r~nsnortation will present its proposal for the addition of a bus route ";,;,,se-iclge Loop (including Vail Point) this coming winter. This mwc ..•:';I r.ot only provide a much needed alternative for the residents of this ;;r_::. r:;!,ice the number of vehicles in the Village while encouraging adcli!::,,,^~ ~.,.,,..,,.,r.•c. It is essential t;:::: ver possible to lessen the negative ecological impact on this :i and the creation of this transit route is an ` important step in I can't stress how important your support is to this effort. Sincerely, ail cSA Cc.Uf Q,d 14 P-;-s Ae db f6 Uta w, ~ AN- , September 29, 1994 Mayor Peggy Osterfoss 75 South Frontage Vail, Colorado Dear Mayor Ostcr!`:,~,;: I am a resident or `,'ail who anpreciates its beauty and year round recreational activities. As traffic in the town has become increasingly congested and r.:., .irtually impossible to find a parking space unless you arrive eariy I am writing to ;';,r your support at the Town Council Meeting on October 18th whc~_~ ~"f'ransnortation wiil present its proposal for the addition of a bus routt L:,,,:,riclge Loop (including Vail Point) this coming winter. This rou!; ..:!1 rnt only provide a much needed alternative for the residents of this ar.:;, ;-:cluce the number of vehicles in the Village while encouraging It is essential tl,:i: possible to lessen the negative ecological impact on this and the creation of this transit route is an important step i n~:: can't stress how important your support is to this effort. Sincerely, ~ S S ~ . COL~.e-~- ~ u e4 TOWN OF VAIL 75 South Frontage Road Off ce of Tnwn Attorney Yail, Colorado 81657 303-479-21071 FAX 303-479-2157 MEMORANDUM TO: Vail Town Council FROM: R. Thomas Moorhead, Town Attorney L DATE: Ocfiober 10, 1994 RE: Trademark License Agreement With Vail Associates Attached is correspondence from Jeff Stephens, Trademark Administrator for Vail Associates, dated September 20, 1994; a note to me from Holly McCutcheon regarding the use and execution of a Trademark License Agreement; the proposed License Agreement and those trademarks that have been registered by Vail Associates. On Friday, October 7, I had the opportunity to meet writh Jeff Stephens and discuss the concerns raised by Council regarding the execution of 4he trademark agreement. The program has always been in place at Vail Associates, however, Jeff is the first full time person to administer 4he program. Jeff admits there have been items of contention between local merchants and Vail Associates. This principally involves the requiring of a royalty rate for use of their trademarks. At the inception of their present program there were some issues concerning the amount charged and the manner of administrating the program. In regard to the specific agreement with the Town of Vail, it is Vail Associa4es' position that this has always been a consensual use 4hat would not change whether or not the agreement was signed. UVe are reviewing our files to see whefher there is any historical information documenting this use. However, I do not believe that 4here is any issue that the Town has recognized ownership of the trademark in Vail Associates. Vail Associates' position is that the execution of this agreement is to maintain files that properly reflect agreed consensual use. Please advise me if additional information is necessary. ~ RTM/aw xc: Holly McCutcheon . ~Vall. 0 ArutQ..hEADA nr vaL . -o P! SFP 2 ~ 1.~ig4 V~.~l Tra exnarks 9 Inco - A Wholly Owned Subsidiary of Vail Associates, Inc. - - - • • - - - Creators and Operators of Vail and Beaver CreeV Resorts September 20, 1994 , Holly McCutcheon Town Clerk 75 South Frontage Road Vail, CO 81657 Re: Trademark License Agreement Dear Holly: Enclosed please find an original trademark license agreement for execution. Should Tom have any questions or comments regarding the agreement, please have him give me a call. I tried to make the agreement as simple as possible. Thank you for all your help in this matter. Sincerely, ek Administrator Enclosure . Post OfFice Box 7- Vail, Colorado 81658 • USA (303) 479-3104 (303) 845-5572 Fax (303) 479-2054 Fax (303) 845-5575 e9 TO~I OF VAIL From the desk of... Holly McCutcheon . September 28, 1994 Tom: As we discussed, JPff would like the Town to execute a trademark license agreement for use of the VA logo at the information centers, town limit signs, sign at the 4- way stop, police bicycle registration stickers, and information maps. In our last conversation, Jeff informed me that the logo currently being used in these various locations is not correctly displayed. He indicated that VA would consider paying to have the correct logo put up on various TOV signs, or that VA might be willing to pay a portion of the tab to change the logos to the Town of Vail logo. Let me know if you need any further info. , ~ ~ _ ~ ~ OWGINAL LICEATSE AGREEMERTT . THIS LICERTSE AGREEMEATT (the "Agreement"), made effective as of the lst day of October, 1994, is by and between Vail Trademarks, Inc., a Colorado corporation, with its principal place of business located at 600 Lionshead Mall, Vail, Colorado 81658 ("Licensor"), and Town of Vail, with its principal place of business located at 75 South Frontaae Road, Vail, Colorado 81657 ("Licensee"). ' RECITP,L WHEREP,S, Licensor is the owner of the Licensed Property (as defined in Paragraph 1.1 below), and desires to license the use of the Licensed Property to Licensee in accordance with the terms, covenants and conditions set forth in this Agreement. 6aHEREAS, Licensee is desirous of obtaining a license from Licensor to use the Licensed Property on the terms and conditions set out herein. NOW THEREFORE, in consideration of the foregoing and the mutual covenants in the License Agreement, and other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEPZEATT 1 DEFIIVITIONS 1.1 Licensed Property. Licensed Property means the names, symbols, trademarks, service marks and logos set forth in Exhibit A, attached and by this reference made a part of the Agxeement, and all copyrights associated therewith. 1.2 Licensed Useo Licensed Use means the reproduction of the Licensed Property on the Licensed Designs defined and listed below. 1.3 Licensed Design(s). Licensed Design(s) means the physical object(s) that are described on Exhibit B attached hereto and by this reference made a part hereof, combining the Licensed Property and the Licensed Use. 1e4 Territorye The license hereby granted extends only to Vail, Colorado . 1 t ! ;i 2 LICENSE 2.1 Grant of license. Subject to the provisions and conditions of this Agreement, Licensor hereby grants to Licensee a nonexclusive, nontransferable license in the Territory for the Term of this Agreement to use the Licensed Property for the Licensed Use on or in the Licensed Design(s). 2.2 Duration. The License term (the "Term") will commence on the lst day of October, 1994, (the "Commencement Date") and will be perpetual, unless sooner terminated as provided herein. , 2.3 Use and Display of Licensed Property. Licensee shall use the Licensed Property on or in the Licensed Design(s) in the style and configuration designated on Exhibit A, including but not limited to any signs, labels, packaging materials or advertising, if any, created in connection with the Licensed Design. . 2.4 Notice of Ownership. Where,applicable, Licensee shall display notice of Licensor's ownership of the Licensed Property. 2.5 Permitted and Prohibited Uses. Licensee shall use the Licensed Property only while the License is in effect, only in the Territory set forth above, only in association with the Licensed Use set forth above, and only in accordance with the terms, covenants and conditions set .forth herein and standards stipulated by Licensor to Licensee. Licensee shall not use the Licensed Property in any other way. 2.6 Quality Standards. All Licensed Design(s) shall incorporate a high standard, style, appearance,and quality and shall exhibit good taste and propriety. Licensee shall not use the Licensed Property in any way which, in the sole judgment of Licensor, may detract from the overall image of the Licensor or the Licensed Property or the standards of high quality and appearance associated therewith. 2.7 Inspection. Licensee agrees, upon 7 days notice, to allow Licensor or its authorized agents, to enter Licensee's premises containing Licensed Design(s) or any materials, labor or services used for purposes of inspection. 3 INTELLECTUAL PROPERTY RIGHTS 3.1 Ownership of Licensed Property. Licensee acknowledges and agrees as follows: 3.1.1 that all trademarks, goodwill, copyrights and other rights associated with, related to or arising from the Licensed Property and Licensee's use thereof, in existence now or later developed or acquired during the term of this 2 J ~ Agreement, are and shall be owned exclusively by Licensor; 3.1.2 that nothing in this Agreement or otherwise shall allow Licensee to acquire any right, title or interest in or to the Licensed Property except as expressly set forth herein; and 3.1.3 that Licensee shall not use, and shall not allow the use of any Licensed Property except as expressly set forth herein. 3e2 Preservation and Enhancement of Owner's Intereste Licensee acknowledges the validity of the Licensed Property and the Licensor's ownership of the Licensed Property, the registrations thereto, and the goodwill associated therewith. Licensee agrees that the benefit of and goodwill associated with the use of the Licensed Property by Licensee both before and after the Effective Date will inure entirely for the benefit of Licensor. Licensee shall not itself and shall not assist, permit, or encourage any other party to: 3.2.1 do anything or omit to do anything that might impair, damage, compromise, jeopardize, violate, or infringe the Licensed Property or Licensor's rights relating to the Licensed Property; 3.2.2 attack or challenge the validity of the Licensed Property or Licensor's rights relating thereto; 3.2.3 use the Licensed Property fraudulently; or 3.2.4 claim, use, or apply to register, record or file any trademark, trade name, copyright, or design that is identical, confusingly similar to, or clearly derived from or based on the Licensed Property. 3.3 Confidential Informatione Licensee shall keep strictly confidential all information ("Confidential Information") regarding the business or activities of Licensor that Licensee may acquire, see, or be informed of as a direct or indirect consequence of negotiating or entering into this Agreement or any other transaction with Licensor. Licensee shall not use, duplicate, or disclose to any other person or corporation, any Confidential Information or any recollections thereof, except first authorized by Licensor in writing. 4 TERNlI1VATIOIV AND THE EFFECT OF TERMINATIOIV 4.1 Termination. The License shall terminate upon the occurrence of any of the following events: 4.1.1 if Licensee defaults in observing or performing any of its obligations under this Agreement and fails to correct the 3 ~ fi default within 30 calendar days after receiving from Licensor a written demarid to correct the default; 4.1.2 if Licensee becomes insolvent, commits an act of bankruptcy, or makes an assignment for the benefit of creditors, or if a receiver or receiver-manager is appointed for Licensee or any of its assets, or if any proceeding in bankruptcy, receivership, winding-up, or liquidation is initiated in respect of Licensee and continues for 21 days without being dismissed. 4.2 Licensee's Rights and Obligations on Termination. Upon termination of this Agreement, Licensee shall have 120 days to cease use of the Licensed Property completely. 4.3 Rights and Obligations that Survive Termination. Any and all warranties, provisions, rights and obligatians of the parties herein described and agreed to be performed subsequent to the termination of this Agreement shall survive termination of this Agreement. 5 THIRD PARTIES 5.1 Infringement. If, during the Agreement Term, Licensee becomes aware of use by any other party (other than licensees of Licensor) of a trademark, trade name, goods, or mode of advertising that might reasonably amount to infringement of the Licensed Property, or to unfair competition, then Licensee shall promptly report such infringement to Licensor. 5.2 Conduct of Proceedings. Licensor shall have sole conduct of all proceedings and negotiations relating to the Licensed Property. 6 GENERAL 6.1 Assignment, Deiegation and Sublicensing. Licensee shall have no right whatsoever Lo assign, delegate, license, grant, or create any interest in the Licensed Property or its use to any person or corporation without first obtaining the written consent of ' Licensor, which may be withheld for any reason or without reason, but if such consent is given on any particular occasion, it must also be obtained for all subsequent occasions. In the event that the Licensor assigns or delegates its rights under this Agreement to a new owner, Licensee agrees to be bound by the terms and conditions of this Agreement with the new Licensor. 6.2 Successors and Assigns. Subject to the Provisions of Paragraph 6.1 herein, the terms, covenants and conditions of this Agreement shall be binding on the successors and assigns of either party. 4 e P o" 6e3 Indemnity. Licensee agrees to indemnify, defend and hold harmless Licensor, it's subsidiaries and affiliates, their respective agents, officers, directors, servants and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death, of any person or damage to property of any kind resulting in connection with Licensee's use of the Licensed Property or this Agreement, including without limitation, those caused by Licensee's operations or the misconduct or negligent acts, errors or omissions of Licensee, its subcontractors or any person directly or indirectly employed by them, or any of them, while engaged in any activity in connection with this Agreement. License r and maintain, in full force and its sole cost and exp !ehhensive general insurance in an occurrence format in , 00 per occurrence. Licensor shall be liste insured on the policy taken out by L' wooloom its interests Licensee agrees _OTIFWWi"t`7`certificates of insurance the isted above upon execution of and continuously throu 6.5 Time of Essence/Waiver. Time is of the essence. If Licensor waives a particular default, wrongful act, or omission of Licensee, such waiver will not affect or impair the rights of Licensor in . respect to any other default, wrongful act, or omission of Licensee-. If Licensor delays or fails to exercise any rights in connection with any default, wrongful act, or omission of Licensee, such delay or failure shall not affect or impair the rights of Licensor in respect of that event or any other default, wrongful act, or omission of Licensor. In any event, time shall continue to be of the essence without the necessity of specific reinstatement. 6.6 AToticee All notices and other communication that the parties give each other in connection with this Agreement shall be in writing and be delivered by certified mail, or by facsimile, to the recipient at that party's business address, or facsimile number, contained at the end of this Agreement, or at such other address or facsimile number of which that party shall have given notice. Proof of delivery by certified mail, or by facsimile, shall constitute proof of receipt. Notice shall be deemed conclusively delivered to the party upon being turned over to the Postal Service by certified mail, or by facsimile transmission. 6e7 Amendments/PRodificatione No Amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby. 5 Y _4 ~ 6.8 Costs/Attorney Fees. If any party shall bring suit or action against another party for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the Court may adjudge to be reasonable attorney fees. 6.9 Law/Courts. This Agreement shall be governed by and interpreted zn accordance,with the laws of the State of Colorado. 6.10 Whole Agreement. This Agreement supersedes all prior agreements and understandings of the parties regarding the Licensed Property, it contains the entire understanding between the parties, and it may not be varied except by written instrument signed by both parties. The parties are relying solely on the representations made in the Agreement and not upon any representation(s) made prior to by, but not limited to, any employee or agent of .the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the respective dates set forth below to becoine effective as of the date first written above. LICENSOR: Vail Trademarks, Inc. a Colorado corporation Date: By; Title: P.O. Box 7 Vail, CO 81658 Facsimile: 303-479-2054 Attention: Legal Department Jeff Stephens LICENSEE: Town of Vail, Date: By; Title: Facsimile• Attention• 6 0 ~f 9 EXHIBIT P, (Attached to and forming a part of the License Agreement by and between Vail Trademarks, Inc. and Town of Vail dated October 1, 1994) LICEATSED PROPERTY 4 ~ ~ 000 7 r ? EXHIBIT B (Attached to and forming a part of the License Agreement by and between Vail Trademarks, Inc. and Town of Vail dated October 1, 1994) LICENSED DESIGN(S) Town Limit Signs, Vail Village and Lionshead Information Maps, Visitor Information Booths, Buildings and Brochures, Sign at the Four Way Stop and Police Bicycle Registration Forms and Stickers. 8 4VAIL TON~I 75 South Frontage Road Office of the Towii Manager Vail, Colorado 81657 303-479-2105/FAX 479-2157 October 6, 1994 Mr. Frank Biasca 230 S. 38th Street Boulder, CO 80303 Dear Frank: Thanks for your letter of September 12, 1994. I have spoken to the Public Works Director about modifying our snow removal operation to use pick up trucks instead of the heavier equipment. It appears this proposal is not feasible in light of our cunent operating plan. Using pick-up trucks would require more personnel and time to perform this operation. Given the current level of revenues, no additional funds are available for the additional personnel. Because of the time element, it is likely we would be unable to complete the operation prior to activity beginning in the Village. This would prose a serious safety risk for the pedestrians in the Village core. We are very aware of the noise concerns regarding our snow removal operations and are making every effort within our current operating plan to minimize the noise impacts. As we discussed in Boulder, one of the long range alternatives is to heat the streets in order to minimize the need to remove snow in the village core. With respect to your concern about bar noise, I have spoken to the Chief of Police about this matter. I have asked him to have a more visible presence with police officers between 11:00 p.m. and 2:00 a.m. Finally, we will be placing advertisements in the Vail Daily, as the winter season approaches reminding loading and delivery people to shut off engines and to generally be aware of the noise impact of deliveries. I'm sorry I am unable to accommodate your request for use of smaller equipment in our snow removal operation. We are aware of the noise issues in the core and are working diligently to resolve this issue. Thanks again for your letter. Sincerely, w,-, Robert W. 1VIcLaurin Town Manager RWM/aw xc: Vail Town Council Suzanne Silverthorn, Community Information Officer Ken Hughey, Chief of Police Pamela A. Brandmeyer, Assistant Town 1Vlanager Larry Grafel, Public Works Director TOWN OF VAgL Input/Inquiry Response Record The attached comments were recently received by the Town of Vail. We encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE COIVCERNS WITHIN FIVE WORIQNG DAYS AND RETURN THIS COlvIPLETID FORM TO PAIvI BRANDMEYER. DEPARTMENT TO HANDLE INQUIItY _ ~~Lllu Q44,~,w INDNIDUAL TO HANDLE IlVQUIRY ~ ~?l~',G•fcttrr,µt~v DATE TOV RECENID INPLTT/INQUIlZy TYPE OF INPUT/INOUlRY: PHONE CALL (indicate date) LETTER (attached) ~ RESPONSE CARD (attached) TYPE OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONS OR AlVSWER TO IlVOUIRY: DATE OF RESl'ONSE FORM RETURNIID BY DEPARTMENT TO I'AM BRANDMEYER: A copy of this inquiry and form wilt remain on file at the TOV Community Relations oF6ce. As soon as this form is rntumed to Pam Brandmeyer, this inquiry will be considered dosed. THANK YOU FOR YOUR ZIMELY HAiVD[.Q•IG OF Tf-IIS 1SSIJE IF YOU HAVE ANY QUESTtONS, PLEASE FEE(„ FREE TO COMACi PAM BRANTDMEYER AT 479-2113. i ~L n RECE1v'' t~~ ~ ~D 44~ 7pl~~ ~ ~ ~ ~ ~ l ~ ~ ~ a - V,,4e-.7 -r f=cz:c- ~ ; > ~ I ~ D~~.? r. ~ i Ca-K.~ 1 C~; L ~ ti~ I"tJ ~ ^ ~ ,-l P ` ~ ~v ~ F(t:~ ' ~n.~t= ~ ~J ~ ~ (--c -~•-v~ , ~l R cQ-4 ak; rl l Kr ~ fJ ~ Cr ~ ~ c: ~ L~ ~ 1'~ S ~ S 2.~ ~ t C~; c;; J C' ~ t_ -~=7~ r,/L.~ Ar ~ C L~L' i, JN, ~,,L'~~n - -s T (2 L-.: ~:1(L"z ar - C c..~ c= < tL C- L%~7 • 1 nv c--t k- 'l o .'4..t ~ ~ ~ ~~rf~-`-~~ ~ a~~- S 71 17(`~ ~L~ l uN' ~,~r~f 70 03 o; lz a.r D FU n ~ •C~ ~-k - l F-t-C to€ NwtJ f ~i LA2. ~ i 2, t f"' n ~ • ~ n R; /L7 , _ ^ r" L/r~lv • cJ-~ VAIL TOVVIV COUNCIL SPECI/4L WORK SESSION THURSDAY, OCTOBER 13, 1994 5:00 P.M. 0N TO!! COUNCIL CHANfBERS AGENDA 1. 1995 Budget Overview. * Fire Department * Library 2. Adjournment. NOTE Q.DPCOM@NG M~ETUR9G START TIMES ~EL0W: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) 0 0 (D @) 0 0 0 THE NEXT VAIL TOVVN COUNCIL REGULAIR 1NOFi9C SESSION lAIILL BE ON TUESDAY, 10/18/94, BEGiNPtING AY 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL 70VVN COUNCIL F3EGULAR WORK SESSIORI UUILL BE ON 7UESDAY, 90/25/94, BEGINNIfdG AT 2:00 P.M. IN TOV COUNCIL CHAAABERS. THE NEXT bAIL 1'OVVN COUNCIL REGULAR EVENING flAEET'ING WILL BE ON 7UESDAY, 90/18/94, BEGINNING A7 7:30 P.M. IfV TOV COUNCIL CH,4fiflBERS. VAIL TOWN COUNCIL SPECIAL lNOFiK SESSION/BUDGET 1iUILL BE ON THURSDAv, 10/20/94, BEGIPIiVING AT 5:00 P.RA. Ild TOV COUNCIL CHAfViBERS. ? VAIL TOWN COUNCIL SPECIAL IM014/C SESSIOAI THURSDAY, OCTOBER 13, 1994 5:00 P.M. IN TOV COUNCIL CHAMBERS EXPAPIDED AGENDA 5:00 P.M. 1. 1995 Budget Overview. 5:00 P.M. * Fire Department Vail Fire Department 6:20 P.M. * Library Annie Fox 7:20 P.M. 2. Adjournment. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) ~ ~ ~ • ~ B ~ THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 10/18/94, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 10/25J94, BEGINNING AT 2:00 P.M. IN TOV COUPVCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 10/18/94, BEGINN9NG AT 7:30 P.M. IN TOV COUPICIL CHAMBERS. VAIL TOWN COUNCIL SPECIAL 1A/ORK SESSION/BUDGET WILL BE ON THURSDAY, 10/20/94, BEGINNIIdG AT 5:00 P.M. IN TOV COUNCIL CHAMBERS. C:WGENDA.WSS ~i a ~ 1- ~~~E~~tC1 4~ni. ~ / i ' V"OctobqY 1Q~t , 1994 Q MEMO TOa Govegnog ° s Arkansas River Coogcianating Committee Members F'I80He Dave Mglller,. ( 719 ) 481-2003 )Box 567 o Palffier Lake, CO 80133 REe PIPOPOSED SOI.DTIOR'f FOR KARTSAS NS. COI,OItPeDO LAWSUYT The vast unused spring runoff of the Upper Gunnison Basin is Colorado's water ace-in-the-hole for the 21st Century. Some of these currently wasted compact waters can be readily stored in the proposed off-river Union Park Reservoir site during wet years. These saved waters will then be available for low-cost gravity augmentation of Colorado's four major river environments during the damaging drought cycles. This unprecedented Gunnison water conservation project is ideal for resolving the Kansas Lawsuit. It will also satisfy most of Colorado's future drought and growth needs on both slopes. The multiple reuse flows from high altitude Gunnison storage will concurrently protect endangered fish and birds on the Colorado and South Platte Rivers. The declining ground waters in Eastern Colorado can also be saved with renewable reuse flows from Colorado's wettest untapped water source. Upper Gunnison water users currently consume less than 5% of the average million acre feet that flows through the Aspinall Unit to down river states. Federal and state data show Upper Gunnison water consumption is steadily declining, because of the 30% drop in irrigated acreage over the last 30 years. The U.S. Bureau of Reclamation's Gunnison Arkansas Studies indicate the Upper Gunnison could divert up to 450,000 acre feet to the oversubscribed Arkansas and South Platte River Basins, without interfering with Gunnison needs. In fact, about half of the one million acre feet of Union Park storage would be used to guarantee more water for Gunnison farms, cities, fish, recreation, power, etc., than is now available during long droughts. Incredibly, Colorado's senior natural resource staff is apposing the beneficial use of Colorado's most valuable undeveloped Colorado River Compact waters from the Gunnison in Colorado Supreme Court. A statewide evaluation of the high environmental and economic cost of this lost development opportunity has never been conducted. An urgent April 27, 1994 request to reverse state opposition to Union Park was not answered or referred to- the appointed Colorado Sqater Conservation Board members before the critical May 24, 1994 oral arguments in Colorado Supreme Court. C`qCB's unprecedented legal brief against Union Park in this landmark 6Vestern case is now sending a clear message to feds and down-river states that Colorado is.not capable of developing its entitled interstate compact waters, because of interbasin gridlock. The state's opposition to high altitude Gunnison storage must be reversed to protect Colorado's water future. This memorandum is offered in response to Governor Romer's public request for ideas to resolve the Kansas Lawsuit problem. 284 Aea rues.. seoc. 27, j e94 Roft Nipyptop A QOym-m-1 'Roc Mounteciin News ~ I,erry D. sccutt«n, t'trbl;shes, Raaidn,r and ca,;ef Essadiyt o,B-rces Jay Ambrose, Editor pEfimbab ~ L p,~y Sniot Y.P. V [a8oiA Ilwrmn Reaneoa Cbristopbsr Cubb'so~ ~ 8ditor pa( R Gkd~ YP ClfHard D. Nq, AssocwAr P(rq 8. M~rrq. VP~ pA fLbtic IPA,tiont VLoee Canon, Bditw WW Editorio! PoPet Gqiwd P. WYfbr& VP. FLnnor A h0nro(ion Sa+,iaes I.isds S. Drofter, Sxeda7 Bi1sr 'G im 10 t and du Dtoplt will find tleeir own way" Colorsdo on danger of iosing valuable undeveloped water to downrnrer states _ The U.S. Bureau of Reclama- have been advised that water cur- tcrs f~-orii Colurado's wettest un- tion has alarming new plans to tailments can be expected during tapped water source means the permanently use Colorado's most dry periods. This action would se- loss of tlie state's most develop- valuable undeveloped Colorado verely liaYiit future Colorado water able water to downriver states. River Compact waters for out-of- development for drought protec- Tiiese higli-altitude Gunnison state purposes. 'I'hese plans in- tion and growrth. floodwaters are invaluable for Col- volve the managed release of state In addition, the bureau has re- orado's future. They could be waters from bureau reservoirs in cenfly acquired control of the stored at high altitude in the low- the Upper Gunnison Basin. 106,000-acre-feet Taylor Park cost, off-river Union Park Reser- As authorized by Congress, the Reservoir Refill Decree from the voir site during wet years for re- bureau's Aspinall Unit and Taylor Upper Gunnison River Water lease to Colorado's four major Park Reservoir were built primar- Conservancy District. This decree river systems during the multi- ily to help Colorado capture and was quietly transferred to the feds year droughts. . use its legal share of the Colorado under the misguided notion that The Endangered Species Act River. Unfortunately, most of the Taylor River fish and recreation does not override the Colorado untapped Gunnison's vast snow- should have a double supply of River Compact. Colorado should melt currently bypasses these fed- water in wet years. The unfortu- demand a full eiivironmental and eral facilities every spring to out- nate result of this double-flushing economic analysis of these federal of state growth areas. decree is the permanent Ioss uf artioms. CoIorado cannot afford to 1`he bureau has recently said it state waters that should be stored lose its drought protection and plans to use 148,000 acre feet of at high altitude for drought protec- water future by administrative de- tbis surplus* Colorado water for tio~a.on b~th.slopes. fault before the 21st century. 't`veryrof emdan ese,d 5sh. As,'a . The'?~iuteau, s,newly claimed Dave Mtiler result; existing~' unmson users Conti-o1 df these surplus headwa- Palmer Lake - ~ ARAPAHOE 19OU0`0TU ~~~ORADO ' 5334 S. Prince Stre et ° Liittle4on, Colorado 80166-0001 Q BOARD OF COUNTI( COMMISSIONERS .9ohn J. MichoU Thomas R. Eg9ert Jeannie Jolly DtsUid No. 1 asMd No. 2 Disteid No. 3 Ap r i 1 27, 1994 (303) 795-4630 FAX 794-4657 Mr. Daries C. Lile, Director Colorado Water Conservation Board 1313 Sherman Street, Room 721 Denver, CO 80203 Dear Mr. Lile: Re: Union Park Reservoir Project We are disturbed to read that discussions to reconsider allocations under the Colorado River Compact could begin as early as this Spring, based upon Las Vegas' need for water. Arapahoe County has continually requested support from CWCB on Compact and Federa' issues for its Union Park Reservoir Project. That Project could responsibly use a portion of Colorado's Compact entitlement. However, CWCB has consistently opposed the Project at every available opportunity, without ever discussing the Project wit:^. Arapahoe County. Despite these actions, we would still like to pursue some constructive discussions to elicit CwCB's support in some capacity. Based upon the Lower Basin States' actions, the designated critical habitat for endangered species on the Colorado River and its tributaries, proposed changes in operations of Colorado River Storage Project facilities, and the potential for new restrictive interpretations of both Federal and State law in Arapahoe's pending Supreme Court case, Colorado could realistically lose its remaining Colorado River apportionment in the near future. This would be disastrous for the entire State. It would result in continued dry- up of existing agriculture. Also, the water would be unavailable in the future to assist in replacing non-tributary groundwater on which many Colorado communities rely, when that resource is eventually pumped dry. Following is a brief review of (1) CWCB actions to date, many of which occurred before you became Director; (2) potential threats to Colorado's Compact apportionment; and (3) specific suggestions concerning the Union Park Reservoir Project. A. CWCB ACTIONS AGAINST ARAPAHOE COUNTY'S UNION PARK RESERVOIR PROJECT CWCB has taken a proactive stance against the Union Park Reservoir Project, and we are at a loss,why. Arapahoe County has requested CWCB's assistance, andhas been ignored. we have no choice but to believe that these activities have been solely political and uninformed from a long-term perspective. Following is a brief review of the specific actions to substantiate these statements. . . . 1 1. CWCB's Support for TaYlor Park Reservoir Refill Decree CWCB filed a Brief in support of the Upper Gunnison River Water Conservancy District in the Colorado Supreme Court in Case No. 90SA498. The Decree in that case allowed the Upper Gunnison District to refill Taylor Park Reservoir a second time each year, and to make releases of up to 500 cfs for fishery and recreation uses. It competes for the same water applied for by Arapahoe County. The U.S. owns Taylor Park Reservoir and the water right for the reservoir. CWCB and the U.S. both filed opposition to the ref ill ca'se in Water Court. In fact, CWCB f iled a Brief in the Water Court before Trial to have the Application dismissed. The U.S. opposed the Application on the grounds that the Upper Gunnison District had never refilled Taylor Park Reservoir and had r.o right to acquire water rights in a facility owned by the U.S. However, just prior to Trial, the U.S. withdrew its oppos.ition based upon a Stipulation that ar.y decree ultimately acquired by the Upper Gunnison District would be assigned to the U.S. Therefore, the U.S. now owns t`.:is Cecree. It has the right under State law to release the ?ncire refill of Taylor Park Reservoir for fishery and recreational purposes. In reality, this is additional Compact water which will be lost to the State. It flows into the Asoinall Unit, and is released annually. Unless a massive use can be found below the Black Canyon, the water is lost to the State of Colorado. At least, a means should be established cc exchar.ge other water upstream Lor consumptive use. Under these circumstances, Araca^ce County is at a loss as to why CWCB felt compelled to f::e a Brief in support of the Upper Gunnison District, exceec [or apparent political reasons. CWCB has no interes~ :n any of the facilities or water rights at issue; there was -;o threat of injury to water rights owned by CWCB; CWCB '-ad to reverse its previous opposition to the case; any wacer which is released from Taylor Park Reservoir for `__si: and recreation uses is realistically lost to the State; =-e Stipulation with the U.S. was reached prior to Trial, and =~e uses under this Decree are contrary to Federal reclamaticr. _aw controlling Taylor Park Reservoir; and the Taylor River a:ready is fully protected for fishery and recreation uses th:c::gh '.:wCB minimum stream flows, the 1975 Agreement controlling r?:eases under the senior water right for Taylor Park Rese:voir, and a Stipulation incorporated into the existing ::cnditional Decree for Union Park Reservoir which guarantees minimum flows of 200 cfs in the summer months and 50 cfs in =he winter months. 2. CWCB's Opoosition to Arapahce Countv's Application_for the Union Park Reservoir Proiect • Q . Q Mr. Daries C. Lile April 27, 1994 Page 3 The Opposers in Arapahoe's case have raised novel new issues which could severely impair the State's opportunity to use any of its remaining Colorado River Compact apportionment. These issues are based on botn Federal and State law. However, CWCB refused to take a stand on any of these issues in Water Court. In the absence of any support from CWCB, Arapahoe entered into a Stipulation in good faith with CWCB whereby CwCa withdrew its opposition to the Applications. (However, see 1 4 below). 3. Arapahoe' s ReQUest for Assistance in the Colorado Suorerr.2 _ Courc The final Ruling by the Water Court.in Arapahoe Cour.ty'= case upheld many of the novel legal;arguments raiseo oy the Opposers, and presents a serious threat to any new water development in the State and use of the State's Compact apportionment. Based upon the dangerous precedents in the Decree, Arapahoe requested 3*: opportunity to discuss the case with CWCB to hopefui'_.; elicit some support either in the Colorado Supreme Cour: or in discussions with the U.S. Bureau of Reclamation. Commissioner Eggert was given a total of 10 minutes during a public comment period at the January 20, 1993 CWCB Meeting. We attempted to make the mosc of that time and prepared written materials for assistance to CWCB. (Attachment 1). After the brief presentation, Arapahoe requested an opportunity to.meet with CWCB to.discuss the case in more detail. (January 28, 1993 letter to CWCB, attached as Attachment 2). Arapahoe never got a respons= from CWCB. This is in contrast to other large projects with important ramifications for the State (i.e., Roar. Creek Project - 1-1/2 hour discussion at March 5, 1993 Meeting, Agenda attached as Attachment 3). We again requested an opportunity to meet with CWCB in our answer to your April 23, 1993 Survey (Attachment 4). We never received any response to that request either. The next•we heard from CwCB was through a Memorandum prepared by CWCB staff on October 29, 1993 which opposed the Union Park Reservoir Project. That Memorandum was circulated to some -members of the Legislature. (Attachment 5). Arapahoe was never given an opportunity to discuss either the Project or this Memorandum before ~ ~ Mr. Daries C. Lile April 27, 1994 . Page 4 it was circulated. Arapahoe had no choice but to correct the misconceptions and inaccuracies in the Memorandum, which it did by letter of December 29, 1993. (Attachmenr- 6) - , We have also been informed that the Upper Gunnisor_ District was given an opportunity to present writ~_-er material in its efforts•to lobby against the Union Park Reservoir Project prior to the Executive Session or November 9, 1993 in which CWCB discussed Union Par"k. (Attachment 7). Arapahoe had been informed prior :o Meeting that there would be no significant opporturity c~ discuss the Project prior to the Executive Session. we have since reviewed the written materials submitted izy the Upper Gunnison District, and attached are Arapa^oe County's written comments to what;it considers tc te serious misrepresentations. (Attachment 8). 4. CWCB Amicus Briefs Opposinq Union Park Reservoir Pro;ec: in the Colorado Supreme Court Despite reaching the Stipulation with Arapahoe County zo withdraw from the case, CWCB elected to again side west slope interests against Arapahoe in the Colcrado Supreme Court. The Brief is filed in support of Opposers and requests that the Supreme Court uphold tne water Court's holding. It lends no support to Rrapanoe County or the State on Federal or State issues, because CWCB argues that any errors in the Water Court's fir.ai Ruling were harmless. , Therefore, as the case is currently postured, the F°deral government can prevent any development upstream of its Colorado River Storage Project facilities based upon izis hydropower Decrees and flood control. In effect, it gives them a water monopoly on water pricing. This is contrary to the very purpose for which the Colorado River Storage Project Act was enacted. 5. Potential CWCB Opposition to Arapahoe's Preliminarv FERC - Permit Arapahoe was recently successful in acquiring a Preliminary FERC Permit for the hydroelectric feature of its Project. It has not elicited any involvement by CWCB based upon its experiences outlined above. However, a recent newspaper article (Attachment 9) indicates that d 4: . Mr. Daries C. Lile April 27, 1994 Page 5 CwCB's attorney, Steve Sims, may attempt to oppose the permit through the Legislature. If there is any truth to this article, Arapahoe would again request an opportunity to discuss this matter with CWCB before CWCB again opposes Arapahoe County's efforts. B. COLORADO COULD REALISTICALLY LOSE ITS REMAINING COLORADO RIVER APPORTIONMENT we believe that Colorado is fast losing any opportunity to use its Colorado River Compact apportionment. The Opposers have raJ;sed arguments in Arapahoe's case which could be devastating to any future water development. An adverse decisior. in Arapahoe's pending Supreme Court case could increase the likelihood of losing the State's apportionment by making new aopropriations within the State all but impossible. Briefly, the Water Court held that all existing conditional water rights must be taken into account before water availability for a new conditional water right can be shown. This has never been required of surface water appropriations in Colorado, and if the Supreme Court upholds the water Court's decision, it will be impossible for any new conditional water rights to capture any of the flood flows or Spring :un-off within the Colorado River Basin. The Gunnison Basin provides a good example of the potential impact of such a ruling. Currently, 1.8 million acre feet flow out of the Gunnison Basin yearly. However, existing conditional water rights far exceed this amount of water. If this new legal requireme.nt is upheld, no new conditional water rights should be issued within the Gunnison Basin until a substantial amount of existing rights are cancelled. The Federal law being argued in Arapahoe's case is likewise very important. As you are aware, the Federal government now asserts that it can place calls for hydroelectric power and flood control at its Colorado River Storage Project facilities. If upheld, this would definitely preclude any new appropriations above the Aspinall Unit. It could also have impacts on the other tributaries of the Colorado River in the future if the Federa'1 government asserts the same arguments for its other major storage facilities such as Glen Canyon. The Federal government also threatens any future use of Colorado's Compact apportionments through other means. The designated critical habitat for endangered species on the Mr. Daries C. Lile April 27, 1-994 Page 6 Colorado River and its tributaries will have an impact, althcugh that impact is not currently defined. However, CWCB's oroposal to appropriate large in-stream flows to assist the =ederal government could very w.ell prevent any future proposals to capture spring run-off. Projects wnich rely cra these peak flows are the least environmentally damaging because low summer and winter flows are protected. In addition, as you are well aware, the U.S. Bureau of Reclamation is considering a change in operations of Colorado Storage Project facilities. These changes at t?:e Aspinail Unit, Glen Canyon, Flaming Gorge and Navajo-Reservoirs could also severely limit future use of any Compacr- •daters in ti:e State of Colorado. This was not the intent'of the State c_r CWCB wnen they approved construction of the Co?orado River Storage ?roject. That original intent is quicklv.changing, as is evicienced by the arguments in Arapahoe Cour.ty' s pending Supreme Court case. If the Colorado Supreme Court agrees with tne argumencs asser*_ed by the Opposers, and issues an adverse ruling in Arapanoe County's case, the Lower Basin States could have a reasonably easy [ime proving to the U.S. Congress that Colerado can no longer develop its Colorado River Compact entitlzment. The arguments being raised in tnat case in conjunction with the other Federal actions coul-3 be used to show that Colorado is precluded from developing its apportionment based on both Federal and State law. This argument would undoubtedly be made in conjunction with the argument that Colorado has lost any future opportunity to deveiop its Compact entitlement since it has not done so since 1922. This latter concept was recognized in the recent Kansas v. Colorado draft decision. when Arapahoe has tried to discuss these dangersin the past, CWCB's reaction has generally been that the Compact cannot and will not be challenged. However, it will now likely be challenged seriously in the near future. Arapahoe County has seen no action or proposals from CWCB to save the Colorado River Compact apportionment, except statements in its long- range policy to "encourage" the Lower Basin States to find alternative water supplies. As you know, Senator Bradley, N.J., plans to hold hearings, in Washington D.C. on the Colorado River Compact later this year. C. SPECIFIC SUGGES'I"IONS REGARDING THE iJNION PARK RESERVOIR PROJECT M . Mr. Daries C. Lile Apri~ 27, 1994 Page 7 In spite of the actions outlined above, Arapahoe still feels --hat CWCB should support Arapahoe County on the Federal and ~tate issues which would seriously impair Colorado's attempt tc use its Compact apportionment. This support is entirely consistent with CWCB's first two goals in its recent Draft Proposed Long Range Plan and its statutory duties, to protect Colorado's Compact apportionments and to promote necessary and appropriate development of Colorado's water resources. This support could take any number of forms. =or instance, CWCB reversed ics opposit;cn to the Upper _-~unnison District's applications, and filed a BrieL ir. suppcrt oi the District. It could do tne same in tnis case. it could Yequest the Supreme Court for the right to amend it_-s Brief oased upon the recent actior.s by Las Vegas to str=ss the :.npartance of preserving Colorado's Compact apportionment. As explained above, adverse rulir.gs on the- important issues in this case could be used by Nevada and the other Lower Basin States to argue unequivocally that Colorado can no longer develop its Compact apportionment. at a minimum, Arapahoe requests :rat CWCB withdraw its Amicus 3:ief. The Brief cannot helo zi~-? _`--cate protect its Colorado River Compact apportionment, and :zi could assist in damaging :t irreparably. D. CONCLUSION arapahoe is fully cognizant cf CWCB's efforts to promote -nstream flows, the river envi_or.-ients within the State and endangered fish species. However, the Union Park Reservoir ?roject is not in contraventien oF these goals. It is located off-stream and would divert wa~?r primarily during the Spring run-off at the headwaters. :t would also guarantee substantial flows in the Tayl:,r R:•f?r on a year-round basis with the possibility of releases :nco other basins timed to meet environmental or other hyd_c:3gical needs. It could also meet storage needs for other mun::::caiities in the water shed, oeaking power, and tourism/ :ec:_ational demands similar to Blue Mesa. These attributes, addition to the fact that it could use a portion of Color3do's Compact apportionment, should result in CWCB's supporc :atner than opposition. We would greatly appreciate a respor.se f rom CWCB. Arapahoe has never gotten one in the past, except in the form of Court pleadings opposing its Project. Responsible storage projects are the only means to preserve our State's Compact apportionment for future - r.6 Mr. Daries C. Lile April 27, 1994 Page 8 generations. Otherwise, the dry-up of our farms wi11 continue and communities which currently rely upon non-tributary groundwater wii' be ferced to accelerate this dry-up in the iuture. Thar.k you in advance for your coope_ation and we iook Lcrward to hearing from you soan. ~ Sincere y, ~ `ohn J., Nichol l J annie Jol _y T.".omas R. Egg\e Chair n Commissioner ~ Commissioner ? , ~ Actac^ments Fib.~ Cc.~ c 8 NOTE: This letter was obtained~pursuant to the Colorado Open Records Act. ~