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HomeMy WebLinkAbout1995-02-21 Support Documentation Town Council Evening Session VAIL TOIAIRI COUNCIL EVENING MEETING II UESDP41f g IrEBRYlC4C"E II 6 1 y 199aa 7:30 P.M. IN TO!! COUNCIL CEiAAABERS AGEF1DA 1. CITIZEN PARTICIPATION. 2. Proclamation No. 2, Series of 1995, Girl Scouts' Be Your Best Day. 3. Discussion of Ordinance No. 4, Series of 1995, and first reading of an ordinance authorizing a first supplemental trust indenture to the trust indenture executed in connection uvith the Town of Vail, Colorado single family mortgage revenue refunding bonds, series of 1992; rat'rfying certain action heretofore taken; authorizing the execution and delivery by the Town of said first supplementaf trust indenture; repealing action heretofore taken in conflict herewith. 4. Planning & Environmental Commission Appointments. 5. Art In Pubtic Places Appointments. 6. Housing Authority Appointments. 7. Town Council appeal of a major CCII exterior afteration and parking and common area variances for a proposed building expansion at the Lions Square Lodge. 8. Town Council appeal of a PEC decision to approve a conditional use permit, that allows a helipad to be located in Ford Park. 9. Adjournment. NOTE UPCOMING MEETIFIG S7ART YIhAES BEL01A/: (dLL TIMES ARE APPROXI@AATE Ap1D SUBJECT TO CHAIdGE) 0 0 0 0 * * 0 THE NE1tY bAIL 70VUN COUNCIL REGULAR WOFiYC SESSION !A/ILL BE ON YUESDAY, 2/28/95, BEGIiVNIP1G AT 2:00 P.M. pN TOy COUNCIL CHAI111BERS. YHE FOLLOW1NC NAIL TOWGd COUNCIL REGULAF3 !A/ORK SESSIOId iN/ILL BE 0N TUESDB,Y, 3/7/95, BEGINNING AT 2:00 P.M. iN YOV COUNCIL CIiABABERS. THE NEJLT VAIL YOWN COUNCIL REGULAR EVEPIINC NAEE'YING 1fNIl.L BE ON TUESDAY, 3/7/95, BEGINNIAIG .4'T 7:30 P.AA. IPI TOV COUNCIL CHAMBERS. ~ ~ ~ ~ • ~ ~ C:WGENDA.TC . d ~ VAIL TOUVN COUNCIL EVENING M~~TNG U UEa7DAH y FEBRV/WRU 6 1 y 199r7 7:30 P.M. 9N TOV COUIVCBL CHAl1ABERS EXPANDED AGEPIDA 7:30 P.M. 1. Citizen Participation. 7:35 P.M. 2. Proclamation No. 2, Series of 1995, Girl Scouts' Be Your Best Day. 7:40 P.M. 3. Discussion of Ordinance No. 4, Series of 1995, and first reading of an ordinance Tom Moorhead authorizing a first supplemental trust indenture to 4he 4rust indenture executed in J. Keith Tully connection with the Town of Vail, Colorado single family mortgage revenue (Geo. K. Baum & Co.) refunding bonds, series of 1992; rat'rfying certain action heretofore taken; authorizing Bruce Lewis, First the execution and delivery by the Town of said first supplemental trust indenture; Interstate Bk of Denver repealing action heretofore taken in conflict herewith. ACTION REQUESTED OF COUNCIL: Approve/deny/mod'rfy Ordinance iVo. 4, Series of 1995 on first reading. BACKGROUfVD RATIONALE: In connection uvith the December lst, 1994 interest payment date, the bond trustee discovered that certain provisions of the Trust Indenture vuere inconsistent with the cash flow proofs prepared in connection with the initial issuance of the bonds. UVith passage of this ordinance the inconsistencies will be resolved. The change to the Trust Indenture is that any amounts in the Debt Service Resenre Fund in excess of the amounts required to be held in that fund wrill be transferred to the Revenue Fund rather than to the Extraordinary Redemption Account. This will allow any such excess resenres to be used to pay debt service on the bonds then currently due, if so needed. (See attached Flow of Funds chart). The Town's obligation to make deposits to the Mortgage Reserve Fund has been terminated. Moody's is providing written notice that such termination and/or withdrawal will not cause the rating of the Bonds to be vuithdrawn or reduced below 4he initial rating of the Bonds. No amendment to the Trust Indenture or notice to Bond holders is required by the Trust Indenture in order for this obligation of the Town to be terminated. All that is required is the notice from Moody's described above, uuhich is being provided. There are no indications of any financial stress or difficufty for this Bond issue. The change made by the ordinance assures that monies held under the trust estate are used in the proper priority. STAFF RECOMMEfVDATIOfV: Pass ordinance No. 4, Series of 1995. 8:40 P.M. 4. Planning and Environmental Commission Appointments. Mike Mollica ACTIOfV REQUESTED OF COUNCIL: Appoint Yhree members (with fiwo year terms), to the PEC. BACKGROUiVD RATIONALE: The following citizens have ap4lied for appointments on the PEC: Kevin Deighan, Allison Lassoe, Greg Moffet, and Henry Pratt. . r I .f b~ 8:45 P.M. 5. Art In Public Places Appointments. George Ruther ACTION REQUESTED OF COUNCIL: Appoirrt five at-large members; a new Planning and Environmental Commission (PEC) representative and Design Review Board (DRB) will be selected by the PEC and DRB at their next regularly scheduled meetings. BACKGROUND RATIONALE: The following citizens have applied for appointments on the. AIPP Board: Kathy Langenwalter, Karen Smith, Ken Robbins, Lolita Higbe, Marianne McTighe and Jim Cotter. 8:50 P.M. 6. Housing Authority Appointmerits. Andy Knudtsen ACTION REQUESTED OF COUNCIL: Appoint one member (with a five year term), to the Housing Authority. BACKGROUND RATIONALE: The following citizens have applied for appointments on the Housing Authority: Dick Cleveland and Kyle Webb. 8:55 P.M. 7. Town Council appeal of a major CCII exterior alteration and paricing and common Jim Curnutte area variances for a proposed building expansion at the Lions Square Lodge (660 West Lionshead Place, Lot 1, Vail Lionshead ist Filing, lst Addition). Applicant: Bill Pierce, representing the Lions Square Lodge Condominium Association. ACTION REQUESTED OF COUNCIL: Reviewthe exterior afteration and variance requests and uphold/overturrvmodify the decision of the PEC. BACKGROUND RATIONALE: Please see the Community Development Department's memorandum to the PEC, dated February 13, 1995, and the PEC's draft meeting minutes, included in the Council packet. STAFF RECOMMENDATION: The staff recommendation is for approval of the parking and common area variance requests with the three conditions that are listed in the staff memorandum to the PEC and the two conditions required by the PEC at the February 13, 1995 meeting, and the denial of the major exterior alteration request. 9:40 P.M. 8. Town Council appeal of a PEC decision to approve a conditional use permit, that Andy Knudtsen allows a helipad to be located in Ford Park. ACTION REQUESTED OF COUNCIL: Uphold/overturn/modify the PEC decision. BACKGROUND RATIONALE: On January 9, 1995, the PEC voted 7-0 approving a conditional use that allows a helipad to be located in Ford Park until May 1, 1995. Please see the attached staff memo and letters for additional background and for the conditions of approval. STAFF RECOMMENDATION: Staff has worked with the hospital, ambulance district, pilots and neighbors in the last month to develop a consensus for a helipad site after May 1, 1995. After meeting with two pilots from Airlrfe and Flight for L'rfe, which account for 95% of the trips to the valley, staff believes we have a couple of viable options. We evaluated several sites and believe the parking lot at Public Works or the helipad west of the municipal annex will both work. There is a preference for the existing helipad as it is closer to the hospital. It is important to note that all of the interested parties find either site acceptable for use after May 1, 1995. 9:55 P.M. 9. Adjournment. ~ . NQTE l9PCOAAING MEETING START TINIES BELOW: (ALL TIMES AAE APPROXIMATE AND SUBJECT TO CHANGE) 0 0 * * 0 0 0 THE NEXT VAOL TOWN COUNCIL FiEGULAR W8R6C SESSION WILL BE ON Yl9ESDAV, 2/28/95, BEGIIVNING AT 2:00 P.M. IIV TOV COUNCIL CHAMBERS. THE FOLL0IRlVNG VAiL YOWN COUNC9L REGULAR WORIf SESSION 1AlILL BE O(d TUESDAY, 3/7/95, BEGINNING AT 2:00 P.M. IN TOV COUNCIL C91AMBERS. THE NEXT VAIL TOWN COUiVCIL REGl9LAR EVENING tiAEET9fdG lNILL BE ON TUESDAY, 3f7/95, BEGINiVING AT 7:30 P.M. IN TOV COUfdCIL CHAMBEFiS. ~ ~ ~ • ~ ~ ~ C:UIGENDA.TCE . ~ • • . ~ 'i~pj~' ~ ~ ~``c~`"%'"'~'~^~''';`"r~ Y. Y II ' '~"~f~~' . ~ ~ ~ E .•"~.Y~ a ~ %gs.. ~r 4 v..Sy} i., $ . $ i`L` ~K~y y~ . . \ ~ r ~ ;p rs t~- i / t y~~a ~ ~ i$•• „ ` PROCLAMATION NO. 2 SERIES 1995 GIRL SCOUTS' BE YOUR BEST DAY PROCLANYATION WHEREAS, Tuesday, March 14, 1995, mazks the fast national GIRL SCOUTS' BE ; YOUR BEST DAY initiated by Girl Scouts of the U.S.A., the world's largest voluntary r.. organi7aaon for girls; and ~.c WHEREAS, for 83 years, Girl Scouting has inspired generadons of girls to improve the world azound them in their homes, communities and their society; and WHEREAS> Girl Scouts of the U.S:A., which is open to all girls ages 5 through 17, celebrates its members' individualitY so that the ma develo their full Y Y P potenaal, build self- . ~ esteem, and develop sound decision-maldng ability; 9 ' NOW, TI-IEREFORE, I, Peggy Osterfoss, Mayor of the Town of Vail, do hereby salute the Girl Scouts of the Vail azea, by hereby proclaiming Tuesday, March 14, 1995, GIRL Rc.a ~ w SCOUTS' BE YOUR BEST DAY iq Vail and thus urge the citizens of our community to join the nation in BE YOUR BEST DAY by pledging to be their individual bes[. APPROVED AND ADOPTED this 21st day of February, 1995. c >T ~y;q ~t Mazgaret A. ste oss, Mayor ; Ho y L. Mc utc eon, Town lerk ~ ~.~lc~• i ~.y_\r • r, t ~ : ...........)D `S \ p. ~a~l, ~.A - • ~ / . L; Ytc}. Y ~ _ J \ «y., ~r '~~:s; ^ ::A~~~~v ~ A f A - ~~ti ~:;A . ~.~i~~....i~ II ~`r { •~~~'<.r%=' . '+•x~e.o..x~ ~ . ~ C1 H~~.~ ~w February 8, 1995 P~ t~~~~RL ~~~UTS Chipeta Girl Scout Council, Inc. , 415 Brach Drive Honorable Peggy Ofterfoss, Mayor ~ Grand Junction, CO 81503 Town of Vail (303) 242-4461 1-800-288-0463 75 S. Frontage Road West Fax (303) 243-9066 Vail, CO 81657 Dear Mayor Ofterfoss: Girl Scouts nationwide are initiating the first annual Be Your Best Day to be celebrated Tuesday, March 14, 1995. The day falls during Girl Scout Weelc, which is a traditional time when Girl Scouts perfarm community service projects in recognition of our organization's birthday. This year marks the 83rd year of Girl Scouting in the United States. While citizens across the country are pledging to be their best on March 14, local residents have pledged to do everything from throwing away litter they see while walking that day to exercising to using good manners all day. Chipeta Girl Scout Council will celebrate Be Youna- Best Day throughout Western Colorado with Girl Scout troop activities and service projects. We would be honored to have your support, too. Your support would encourage the citizens of our community to make a commitment to be their best, thus benefiting themselves as well as our community. Would you please consider: * declaring March 14 Girll Scouts' Be Yoanr Best I)ay with the attached proclamation; * participating in Be Your Best Day personally by filling out and returning the arrached pledae card; anc_l * asking that your staff fill out and return Be Your Best pledge caxds. We would be glad to arrange for a local Girl Scout troop to be on hand at your meeting to accept the Girl Scouts' Be Your Best Day proclamation. Thank you for your consideration. We look forward to speaking with you soon. Sincerely, ~ Marilyn Zimmer n Executive Director ' A United Way Agency GgRIt, ~~OUTS9 BE YOLTR BEST DAY ~~RL ScC~UTS Pg~OCA AMATyO~7 Chipeta d~ f~ 1~ Girl Scout Council, Inc. 415 Brach Drive Grand Junction, CO 81503 (303) 242-4461 1-800-288-0463 Fax (303) 243-9066 WHEREAS, Tuesday, March 14, 1995, marks the first national GIlti, S~OUTS' BE YOUR BEST DAS' iniriated hy Girl Scouts of the U.S.A., the world's la.rgest voluntary organization for girls; and WHEREAS, for 83 years, Girl Scouting has inspired generations of girls to improve the world around them in their homes, communities and their society; and, WHEREAS, Girl Scouts of the U.S.A., which is open to all girls ages five through 17, celebrates its members' individuality so that they may develop their full potential, build self- esteem, and develop sound decision-making ability; NOW, THEREFORE, I, Mayor Ofterfoss; by virtue of the ai.ith.o_rity vested in me as n?ayor Qf Vail, do hereby salute the Girl Scouts of the Vail area, by hereby proclaiming Tuesday, March 14, 1995, ~IR]L SCOUTS' BlE YOUR BEST DAY in Vail and thus urge the citizens of our community to join the nation in ]B~ ~OUR BEST DAY by pledging to be their individual best. A United Way Agency The Girl Scouts vvant ¢v¢ryone - in th¢ U.S.A. to "B¢ Your Best"" on Tuesday, March 1 1995* ou can Be Your Best in many ways. You decide how. Fill out a pledge card today by calling your locai GirO acout covncil. And remember to say "Happy Birthday" to the Girl Scouts on Be Your 6est Day. Girl Scouts have been striving to be their best for 83 years. When ma{cing a pledge to Be Your Rest, you can: * Join your neoghbors on a park clearaup. * Help collect conned gooc9s for a Bocal food drivee * 6Na9ce sure an elder6y neighbor gets to the grocecy store e * Bnvet~ a new co-worker to 9unehe * Vo9unteer at a soup kitchene * Fanish thatr Peport a c9ay early. * Sayu'h~'inks to e E iadoll caTr6eo', the bus drave=, and ;he garbage col0ector.. * Eat as9 your vegetrab0eso * Partocepate un an everat sponsored by your local f;irl Scout couracalo Co sR L seoU 7 s° ~ GIRL SCO(!IS • , . " Gor8 Scou$s° Be Yous° Best Day Pledge Carcis Please use the cards below to make your personal pledge to Be Your Best on Tuesday, Ma.rch 14, 1995, Gee-1 Scouts' Be Youa- Best Day! Feel free to duplicate the pledge cards in any manner for distribution to your employees. Completed pledge cards can be returned to Chipeta Girl Scout Council at the address noted. Thanks for pledging to Be Your Best on Tuesday, March 14, 1995! Name: Address: Phone: I, pledge to Be M_y Best on Tuesday, March 14, 1995, by: (Descnbe the activiry) Please circle one: I was/was not a Girl Scout as a child. If you were a Girl Scout, what was the highest award you received? If you would like more inforniation on Girl Scouting in your community, either for your daughter or for volunteer opportunities, please return this form to: cinL scours• Cl:ipeta Girl Scout Council ` I arn interested in Girl Scouting for: 415 Bruch Drive Grund Junction, CO 81503 A ~ ? my daughter (303) 242-446I ? volunteer opportunities (800) 288-0463 . Thanks for pledgina to ]Be I'our Best on Tuesday, March 14, 1995! Nanie: Address: Phone: I, pledge to Be My Best on Tuesday, March 14, 1995, bY: (Describe the activiry) Please circle one: I was/was not a Girl Scout as a child. If you were a Girl Scout, what was the highest award you received? If you would like more information on Girl Scouting in your community, either for your daughter or for volunteer opportunities, please return this form to: aI aL scours• Chipeta Girl Scout Council I am interested in Girl Scouting for: 415 Bruch Drive Grund Junction, CO 81503 ? my daughter (303) 242-4461 ~ • ? (800) 288-0=l63 ' volunteer opportunities P, ` ORDINAfVCE NO. 4 SERIES OF 1995 AM ORDINANCE AUTO10RIZIPdG A FIRST SUPPLENAENT,4L TRUS'T IPIDENTURE TO THE TRUS7 IFIDENTURE EXECUTED IN CO@dR1ECTION W17'H YHE YO4VN OF VAIL, COLORADO SINGLE F'AIVIILY AAOR7GAGE REVENUE REFUPIDING BOPdDS, SERIES 1992; RATIFYING CERTAI1d l4CTIOM aOERETOFORE Y/lKEfd; AUTFiORIZING THE EXECUTIOW AR1D DELIVERY BY TiiE TO1A/Pd OF SAID FIRST SUPPLEMEPdTAL TRUST INDEIVTURE; REPEALING ACTION PIERETOFORE YAPCEId IPd CONFLICT HEFiEWITFO WHEREAS, the Town of Vail, Colorado (the "Town") is authorized by the County and Municipality Development Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123, inclusive, Colorado Revised Statutes (the "Act"), to finance and refinance one or more projects, including any land, building or other improvement, and all real and personal properties, whether or not in existence, which shall be suitable for residential facilities for low-and middle-income families or persons and intended for use as the sole place of residence by the owners or intended occupants to the end that more adequate residential housing facilities for low-and middle-income families and persons may be provided, which promote the public health, welfare, safety, convenience and prosperity; and WHEREAS, pursuant to the Act, the Town has heretofore issued its Town of Vail, Colorado, Single'Family Mortgage Revenue Refunding Bonds, Series of 1992 (the "Bonds") pursuant to the terms of a Trust Indenture dated as of July 1, 1992 (the "Indenture"), between the Town and First Interstate Bank of Denver, N.A., as trustee (the "Trustee"), the proceeds of whioh Bonds were used to refund prior bonds of the Town the proceeds of which were used to acquire mortgage loans secured by mortgages on residential single family housing facilities owned by low- and middle-income families and persons within the bounda6es of the Town; and WHEREAS, Section 511 of the {ndenture provides that, subject to designated limitations, if amounts in the Mortgage Reserve Fund created by the Indenture are used to pay debt service on the Bonds, the Town will replace the amounts so used from certain Pledged Sales Tax revenues of the Town, except that the Town's obligation to make such deposits to the Mortgage Reserve Fund may be earlier terminated upon written notice from Moody's Investors Service that such termination will not cause the rating of the Bonds to be withdrawn or reduced below the initial rating of the Bonds; and WHEREAS, Moody's Investors Service has provided such written notice to the Town, and the Town's obligation to replace any such amounts from Pledged Sales Tax revenues has therefore been terminated; and 1 OMinance No. 4, Serim d 1995 9 WHEREAS, pursuant to Section 1001 of the Indenture, the parties thereto desire to amend , the Indenture as set forth in the First Supplemental Trust Indenture dated as of January 1, 1995 (the "First Supplemental Trust Indenture") between the Town and the Trustee presented to the Town council at this meeting, for the purpose of making changes which do not have an adverse effect upon the interest of the owners of the Bonds and which cure or correct defective or inconsistent provisions in the Indenture. NOW, THEREFORE, BE IT ORDAINED BY TNE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AS FOLLOWS:. 1) All action (not inconsistent with the provisions of this ordinance) heretofore taken by the Town Council and the officers of the Town directed toward the amendment of the Indenture as provided herein +s hereby ratified, approved and confirmed. 2) The form, terms and provisions of the First Supplemental Trust Indenture are hereby approved and the Town shall enter into the First Supplemental Trust Indenture substantially in the form of such document presented to the Town Council at this meeting with such changes thecein which are approved by the Town Attorney; and the Mayor of the Town is hereby authorized and directed to execute and deliver the First Supplemental Trust Indenture and the Town Clerk is hereby authorized and directed to affix the Town seal to and to attest the First Supplemental Trust Indenture. 3) The officers of the Town shall take all action in conformity with the Act necessary ` or reasonably for carrying out, giving effect to and consummating the transactions contemptated by this ordinance and the First Supplemental Trust Indenture. 4) Noihing contained in ihis ordinance or in the Bonds, the Indenture, the First Supplemental Trust Indenture or any other instrument given rise to a pecuniary liabiliry of the Town or a charge upon the general credit or taxing powers of the Town, nor shall the breach of any agreement contained in this ordinance, the Bonds, the Indenture, or the First Supplemental Trust Indenture impose any pecuniary liability on the Town or a charge upon the general credit or taxing powers of the Town. Nothing. contained in this ordinance or in the Bonds, Indenture, or the First Supplemental Trust Indenture shall give rise to any personal or pecuniary liability of any officer, employee or agent of the Town. 5) If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable,, the invalidity or unenforceability of such section, paragraph, clause or provision shall not effect any of the remaining provisions of this ordinance. 2 . Ordinance No. d. Series of 1995 Q 6) All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith and with documents hereby approved, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to reviving any bylaw, order, resolution or ordinance, or part thereof. 7) This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. 8) This ordinance shall be in futl force and effect upon five days atter its publication . upon final passage as provided in Section 4.9 of the Town Charter. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of February, 1995, and a public hearing shall be held on this Ordinance on the day of , 1995, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , 1994, Margaret A. Osterfoss, Mayor ATTEST: ' Holiy L. McCutcheon, Town Clerk C90FD95< 3 , , ONinance No. 4, Senes o} 1995 SENT BY:SHFRMAN & HOWARD ; 2-17-95 ;11:34AM ; SERVICES DESK- 3034792157;# 8/11 FIRST SUPPGEMENTAL INDENTURE Or 'I'RUST Dated a.c of Febniary 1, 1995 By and Between - TOWrr or VAIL, COLURADo and FIRST TNMRSTATE AANK Or DENVER, NA_ as Trustee Relating To: Tovm of Vail, Cotorado Single-Family Mortgage Revenue Refundirtg $onds Series 1992 a SF1YT BY:SHERMAN & HOWARD ; 2-17-95 ;11;35AM : SFRVICES DESK- 3034792157;# 9/11 F'M.S'd' ST.1PPLkIvIEN'I'AC. 'I'RLJST INDENT'[JRE 'iM3 rIRST SIJPPI,EAERITAi. 'IRIJST INDEN'TiJIM is made and cntered inlo as of the firse day og Febrtaaay, 1995, by and beeween the 'FOWiV OF iIAII,, COLpRAI)O (die '°Town"), a polificat subdivision of the State of Coloracio, and FIRST IN'TER.STATE BANIC Or DENVfiR, Rl.A-, a rafional battking as,=iation duly orgwized, existing and authorized to accept and execute tnas-ts aander and by dar¢ue of the lnvvs of the United States af .,4merica, as trustee (the "Tnnastee"). WiTNESSE'I'f-I: WBEREAS, the Tovom is authorized by the County and RRunicipa&ity Development Revenue Bond Ac~ constituting Sections 29-3-1 Dl through 29-3-123, inclusidt, Colorado Rcwised 3tatutes (the "Act"), to finance and refinarxce one or more projects, including any land, building or othcr imprvvement, and all neW and PC csona( grrogerties, vathelber or not in existence, which shall be suitable for residentii facf lities for low- and uaiddle-incotxic #amilies or pmons an§ intended for use as the solc place of residence by the owners or intended occupazats to the end Yhat more adequate residentaai housing facilities for low- and midcile-ancome familees and persuns may be provided, which promotc the public hcalth, wrclfarc, safety, convenicnce aad prosperity; and WI-iEREAS, prarsuaYat tv the Act, the Towrn has liea,ccto['ore issued ats Town of Vaail, Coloradn, Single Farnily iV[artgage Revenue Refunnding Bonds, Series 1992 (the "Aonds") pursuant to the temis of an TYUSt lndenture dated of as of July 1, 1992 (thc "Tndenture"), between the T'ovvn aad the "Trustce. the proceeds of which Bonds were usecl to refund prior bonds of the T'own the paocecds of vvhich vvenc used to ar,quflre er,ortgage laans secured by mortgages on resideritial single fausiiy hos,sing facilities ovveied by low- and middle-income families and pcpsons within the 6outtdarics of the Town; and WHEREAS, Section 507A of the Indenture provides that any amottnts in the Debi Service Reservc Fiand established thcreunder in cxcess of the ]]aeebt Service Itescrvc Requirement shafl be bansferned to the Exuwrdinary itcdetnption llccount, but the cash flovv projections prepared ia comection wi4h the issuaaicc oF the moads assuffied that any such excesses would bc transferrcd to the Revenuc Ftand; and VVIiEREAS, peaYSUant to Section 1001 af the indenture, the parties hereYo desire !o amemcfl the Ieiden8ure as set fortti in ihis First Supplemental 'frust indenture, ios the purpose of eaeaking chonges which do not have an acivexse effeeq upon the intexest of the ovaners o('the Bonds arnd which cure oc cornect dcfcctive or iaconsistent pruvisions in the Indeatuee, ay described abor+e. WHEREAS, atl things necessary to makc this First Saapplementall T'ru.tit Indenture havc, in a11 respects, been duly authorizcd. NOi1d, T'HERI;FORE. THIS FIIZST 5IJPPT.EIVIERITAI. '1'RLIST INi)E1VTURF Wi'I'NESSETH: SENT BY:SHERt?iAN & HOWARD ; 2-17-95 ;11:35AAi ~ SFRVICES DESK- 3034792157;#10/11 ~ s Section l. Section 507A of the Indcnture is herceby aznended lu read as failows: A. No more than. five Business Days prior to cach interest PaYment date on the Bonds, the Trustee shall calcutatc the amauni, if any, then in the Dcbt Service Reserve Fund which is in excess of the Debt Service Reserve Requirement. The amount of such exr,css shall be trxnsferred to the Revenue Fund. Section 2. T'he transfer oFmoncys from thc Debt Service Reserve Fund by the Trustee in conacxtion with the December 1,1994 intemst payment date for the Bonds consistent with the above amcndroent made by this First Supplemental Trust Indenture is hereby ratified and approveci. Section 3. 'This First Supplemental Trust Incientwe may be samultaneottsly cxecuted in several counterparts, each of which shall be an ori~,*inai and atl of which shflll constitute but one and the samc instrament. Section 4. The pevvis-icans of this First Supplemental 'i'ivst Indentune sttall become effective immediately upon the execution and di;livery hereaf by the parties hereto. Except as otherwise provided in this First Supplementai Trust lndenture, the pravisiuns of the Indenture aze herebY ratified, aPproved and cor?firmed. No reference to this First Supp)ementat Trust rndenttlre need be mnde in any instrumr.nt or document at uny timc rcferring to the lndentiarc, a reference to the Indenture in any of such to be deemed to be reference to the Indcntum as amendcd hereby. IN WITNESS WHERF.nT', the Town of Vail, Colorado, has cause this First Supplemental Indenture of Trust to be executed on its hehalf by its Mayor and its official se,11 to bc hereunto affixed and attested by its Town Clerk, and the Trustee, to evidence its acceptance of thc tnusis hereby created, has caused this First Supplemental Indenture of Tntst to be executed in its -2- , SENT BY:SHETiMAN & HOWARD ; 2-17-95 ;11:35AM ~ SFRYICES DESK- 3034792157;#11/11 n= md 6cWf by ats duly authofized offa= and its official seat to be herneduto affixed and attested, a!1 as of the date first above writtcn. TOWN UF ilAiL,, CC)L.ORAIC)(~ (SkAL) ~y Mayor A4test: 'fown Clerk FllZ.ST IN"1'EItST'ATE BAIVK OF DENVER, N.A.y a$ llnauae By TitlC: A1$cSY: T'ftr~e: -3- ~ o • s • i Single'Family Revenue unidihig'136nds , • • • REVENUES MORTGAGE PAYMENTS INTERESTINCOME -RESERVE & PREPAYMENTS FUNDS & ACCOUNTS REVENUE FUND. SCHEDULED MORTGAGE MORTGAGEINTEREST AND RESERVE MORTGAGE PRINCIPAL FUNDS PRINCIPAL PAYMENTS INTEREST EARNINGS PREPAYMENTS DEBT SERVICE ACCOUNT PRINCIPAL AMOURIT INTEREST ACCOUNT DEBT SERVICE RESERVE FUND REDUCTIONS ~ i (5% OF BOND) PAYS MATURING BOND PAYS BOND INTEREST PRINCIPAL AND SINKING FUND PAYMENTS PAYMENTS AND EXPENSES V ~ EXCESS PRINCIPAL EXCESS INTEREST r EXTRRORDINARY REDENiI'TION ACCOUNT CALLS ADDITIONAL BONDS CURRENT FLOW FUTURE FLOW • b i • . • O / • ~ . ~ ~ ' ' 1 • i 1 f oa A ~ J s A review ofthe "Flow of Funds" schedule shows that the Debt Service Reserve Fund reductions are currently flowing into the Extraordinary Redemption Account and these dollars are used to call additaonal bonds. Our original cash flow assumptions have the Debt Service Reserve Fund reductions going in the Debt Service Account and being used to make part of the scheduled bond.debt service payment. The debt service short fall created on December 1, 1994 was because of this discrepency. The present language describing the Debt Service Reserve Fund reductions can be found in the Trust Indenture on Page 31, Section 507(A) (see attached). By amending Section 507(A) to direct reductions of the Debt Service Reserve Fund into the Debt Service Account, the problem witl be solved. : TOWN OF VAIL, COLORADO . and FIRST INTERSTATE BANK OF DENVER, IV.A., as Trustee TRUST INDENTURE Dated as of July 1, 1992 Town of Vail, Colorado Single Family Revenue Refunding Bonds, 1992 Series A r r ~ then current Bond Year which may be purchased at a price no greater than the principal - amount thereof plus any accrued interest. SECTION 506. RedemPtion Fund. A. All moneys transferred to the Extraordinary Redemption Account in the Redemption Fund shall be applied, to the extent of such moneys on deposit therein, to the purchase of Bonds as provided in subsection C of this Section or for redemption as provided in Section 207. The Trustee shall call Bonds Cor redemption pursuant to Section 207 without any further instruction or authorization from the Town. B. All moneys transferred to the Optional Redemption Account in the Redemption Fund shall be aPplied to the purchase of Bonds as provided in subsection C of this Section or to the optiona] redemption of Bonds as provided in Section 205 but in each case only upon compliance with Section 712(D). C. The Trustce shall, at the written direction of the Town, apply moneys in the Redemption Fund to the purchase of Bonds at a price not to exceed the applicable Redemption Price of such Bonds plus any accrued interest. Such written direction of the Town shall be given prior to 40 days before any redemption date. While Bonds maturing on December 1, 1995 are Outstanding, Bonds maturing on June 1, 2010 shall not be purchased from moneys on deposit in the Extraordinary Redemption Account. SECTION 507. Deht Service Reserve Fund. A. No more than five Business Days prior to each interest payment date on the Bonds, the Trustee shall calculate the amount, if any, then in the Debt Service Reserve Fund which is in excess of the Debt Service Reserve Requirement. The amount of such excess shall be transferred. to the ? Extraordinary Redemption Account. B. If thc amount in the Interest Account or the Principal Account in the Debt Service Fund shall be less than the amount required to be in either of such Accounts in order to pay interest or principal of Bonds when due, the Trustee shall apply amounts from the Debt Service Reserve Fund to eliminate the deficiency Crst in the Interest Account and second in the Principai Account. SECTION 508. ExCense Fund. Amounts in the Expense Fund shall be paid out from time to time hy the Trustee for the Mortgage Pool Insurance Premiums and . the Special Hazard Insurance Premium, and for Administration Expenses; provided, however, that the total of such paymenis for Administration Expenses in any Bond Year shall not exceed the • limitation set forth in Section 711, and provided that the Trustee's fees and expenses ("Trustee's Fee") shall be paid on a semiannual basis in an amount equal to the greater of .075% of the principal amount of the Bonds Outstanding at the beginning of the semiannual period or $3,750, and shall be paid on June 1 and December 1 of each year, commencing December 1, 1992. -31- . _o "Covrtsel's Opinion" shall mean an opinion signed by an attorney or firm of attorneys of nationalfy recognized standing in the field of law relating to municipal bonds (who may also be counsel to the Town) selected by the Town and satisfactory to the Trustee. "Debt Service" shall mean, with respect to any particular Bond Year, an amount equal to the sum of (a) all interest payable on the Bonds referred to during such Bond Year, except to the extent such interest is to be paid from deposits of the proceeds of such Bonds in the Interest Account and (b) the Principal Installment or Installments of such.Bonds during such Bond Year. Such interest and Principal Installments shall be calculated on the assumption that no Bonds Outstanding on the date of calculation will cease. to be Outstanding except by reason of the payment of each Principal Installment on the due date thereoE. "Debt Service Fund" shall mean the 1992A Single Family Debt Service Fund established in Section 502. "Debt Service Reserve Fund" shall mean the 1992A Single Family Debt Service Reserve Fund established in Section 502. "Debt Service Reserve Requirement" shall mean, as of any date of calculation, / an amount equal to 5% of the aggregate principal amount of Bonds then outstanding. V "Depository" shall mean any banEc, trust company, national banking association, savings and loan association, savings bank or other banking institution or association selected by the Town as a depository of moneys and securities held under the provisions of this Indenture, and may include the Trustee. "DTC" shall mean The Depository Trust Company, New York, IVew York. "DTC Participant" shall mean t}iose broker-dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository. "Event of Default" shall mean an Event of Default as such term is def ned in Sec[ion 802. "Expense Fund" shall mean the 1992A Single Family Expense Fund established in Section 502. "Ectraordinary Redemption Account" shall mean the Extraordinary Redemption Account established in the Redemption Fund in Section 502. "Funds" shall mean all the funds and accounts established in Section 502. s "Government Obligations" shall mean (i) direct, general obligations, or obligations the timely payment of principal and interest of which are unconditionally guaranteed by; the United States of America, and (ii) obligations issued or guaranteed as to -6- *9!:( e ~ , ddlys 3 TOWN OF VAIL, COLORADO and FIRST INTERSTATE BANK OF DENVER, N.A., as Trustee TRUST INDENTURE Dated as of July 1, 1992 Town of Vail, Colorado Single Family Revenue Refunding Bonds, 1992 Series A "Counsel's Opinion" shall mean an opinion signed by an attorney or firm of attornevs of naeionally recognized standing in the field of law relating to municipal bonds (who may also be counsel to the Town) selected b}, the Town and satisfactory to the Trustee. "Debt Service" shall mean, with respect to any particular Bond Year, an amount equal to the sum of (a) all interest payable on the Bonds referred to during such Bond Year, except to the extent such incerest is to be paid from deposits of the proceeds of such Bonds in the Interest Account and (b) the Principal Installment or Installments of such Bonds during such Bond Year. Such interest and Principal Installments shall be calculated on the assumption that no Bonds Outstanding on the date of calculation will cease to be Outstanding except by reason of the payment of each Principal Installment on the due date thereof. "Debt Service Fund" shall mean the 1992A Single Family Debt Secvice Fund established in Section 502. "Debt Service Reserve Fund" shall mean the 1992A Single Family Debt Service ~ "Debt Service Reserve Requirement" shall mean, as of any date of caiculation, raanmount equal to o 5% of the aggregate principal amount of Bonds then outstanding. "Depository" shall rnean an~anL,fust company; nationa an Kin , savings and loan association, savings bank or other banking institution or association selected by the Town as a depository of moneys and securities held under the provisions of this Indenture, and may include the Trustee. "DTC" shall mean The Depository Trust Company, New York, New York. "DTC Participant" shall mean those broker-dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository. "Event of Default" shall mean an Event of Default as such term is deCned in Section 802. "Expense Fund" shall mean the 1992A Single Family Expense Fund established in Section 502. "Eactraordinary Redemption Account" shall mean the Extraordinary Redemption Account established in the Redemption Fund in Section 502. "Funds" shall mean all the funds and accounts established in Section 502. "Government Obligations" shall mean (i) direct, general obligations, or obligations the timely payment of principal and interest of which are unconditionally P-uaranteed by, the United States of America, and (ii) obligations issued or guaranteed as to -6- then current Bond Year which may he purchased at a price no greater than the principal amount thereof plus any accrUed interest. SECI'ION 506. Redcmntion Fund. A. All moneys transferred to the Extraordinary Redemption Account in the Redemption Fund shall be applied, to the extent of such moneys on deposit therein, to [he purchase of Bonds as provided in subsection C of this Section or for redemption as provided in Section 207. The Trustee shall call Bonds for redemption pursuant to Section 207 without any further instruction or authorization from the Town. B. All moneys transferred to the Optional Redemption Account in the Redemption Fund shall be applied to the purchase of Bonds as provided in subsection C of this Section or to the optional redemption of Bonds as provided in Section 205 but in each case only upon compliance with Section 712(D). C. The Trustee shall, at the written direction of the Town, apply moneys in the Redemption Fund to the Purchase of Bonds at a price not to exceed the applicable Redemption Price of such Bonds plus any accrued interest. Such written direction of the Town shall be given prior to 40 days before any redemption date. While Bonds maturing on December 1, 1995 are Outstanding, Bonds maturing on June 1, 2010 shall not be ur raordina Acc SECI'ION 507. Deht Service Reserve Fund. A. No more than Cve Busi:amount, s Days prior to each interest payment date on the Bonds, the Trustee shall calculate the if any, then in the Debt Service Reserve Fund which is in excess of the Debt ServReserve Requirement. The amount oC such excess shall be transferred to the Extrdina Redemption A B. If the amount in the Interest Account or the Principal Account in the Debt Service Fund shall be less than the amount required to be in either of such Accounts in order to pay interest or principal of Bonds when due, the Trustee shall appiy amounts from the Debt Service Reserve Fund to eliminate the deGciency Eirst in the Interest Account and second in the Principal Account. SECI'ION 508. ExPense Fund. Amounts in the Expense Fund shall be paid out from time to time hy the Trustee Cor the htortgage Pool Insurance Premiums and the Special Hazard Insurance Premium, and for Administration Expenses; provided, however, that the to[al of such paymcnis for. Administration Expenses in any Bond Year shall not exceed the limitation set forth in Section 711, and provided that the Trustee's fees and expenses ('Trustee's Fee") shall be paid on a scmiannual basis in an amount equal to the greater of .075% of the principal amount of the Bonds Outstanding at the beeinning of the semiannual period or $3,750, and shall be paid on June 1 and December 1 of each year, commencing December 1, 1992. -31- . _ r,M . , . , . . , ~ ~ a ~ ~ e~• ~ ~ a ~ • Y iI ~ e• a REVENUES MORTGAGE PAYMENTS INTEREST INCOME - RESERVE & PREPAYMENTS FUNDS & ACCOUNTS REVENUE FUND : ~ SCHEDULED MORTGAGE MORTGAGE INTERESTAND RESERVE MORTGAGE PRINCIPAL FUNDS PRINCIPAL PAYMENTS INTEREST EARNINGS PREPAYMENTS ~ S~~~OUIG /`ilrC~Ul~f~i PRf'NCIPAL AMOUNT : INTEREST ACCOUNT ! DEBT SERVICE RESERVE FUND I REDUCTIONS b (5% OF BOND) PAYS MATURING BOND PAYS BOND INTEREST PRINCIPAL AND SINKING FUND PAYMENTS PAYMENTS AND EXPENSES V ~ EXCESS PRINCIPAL EXCESS INTEREST ; E1(T~?QRDIf~RY:REDE~/IP7'lON ACCOUNT ~ CALLS ADDITIONAL BONDS CURRENT FLOW FUTURE FLOW y ~ Atl0 EItll ORM 0 VDV YY9 TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 13, 1995 SUBJECT: A request for a major exterior alteration in the Commercial Core II zone district and parking and common area variances for a proposed building expansion at the Lions Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1 st Filing, 1 st Addition. Applicant: Bi11 Pierce, representing the Lions Square Lodge Condominium Association Planner: Jim Curnutte V. DESCRYPTBON OF YHE REQUESYS Bill Pierce, on behalf of the Lions Square Lodge Condominium Association, has requested Planning and Environmental Commission (PEC) review of a proposed major exterior alteration in the Commercial Core II (CCII) zone district and parking and common area variances, for a proposed building expansion at the Lions Square Lodge (located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1 st Filing, 1 st Addition). The Lions Square Lodge Condominium Association includes Phase I(east building), Phases II and III (the south building) and Phase IV (north building, located on Parcel B, Part of Lot 8, Block 1, Vail Lionshead 3rd Filing). Overall, the Condominium Association is comprised of 124 condominium units. 97 of these units are located on Lot 1 with the remaining 27 units in Phase IV, which is located north of Lionshead Ptace, on a different lot. In addition to the residential uses, and common areas related to those residential uses, the buildings on Lot 1 also contain a restaurant, a professional office. a retail space, and three meeting/conference rooms. The applicant has stated that the existing lobby area was originally designed to serve Phases I, II and III only, however, with the addition of the Phase IV building to the Association, their lobby facilities are inadequate. and in need of expansion. A. Maior Exterior Alteration The proposed building expansion will contain a lobby, front desk, reservation office, bellman's desk, luggage storage area and ski concierge area. The proposed addition is approximately 1,635 square feet in size and will be located on the north side of the Lions Square Lodge, adjacent to the existing main entry to the building. In addition to the proposed buifding expansion, the association is proposing to rearrange the existing landscape planters on the piazza, resurface the piazza with pavers that match those used throughout the Lionshead Mall, remove a portion of the existing breezeway building overhang along the east side of the addition, add one parking space to the property, and convert the existing front desk area to a hotel management office and a handicapped accessible unisex restroom. r r B. Variances In addition to tne major exterior atteration application, the app4=:cant is also requesting variances to exceed the maximum square iootage of common area allowed on the lot and to deviate from the Town of Vail parking standards. These requests are described in more detail as follows: 1. Common Area Variance The maximum square footage of common area allowed in !he CCII zone district is 35% of the aliowable GRFA. The maximum amount of GRFA aiiowed on Lot 1 is 62,733 square feet. Therefore, the maximum amount of common area allowed on the Lion Square Lodge property is 21,957 square feet. The existing buildings (Phase I(east) and Phases Il and III (south)) contain approximately 28,917 square feet of common area, which exceeds the maximum allowance for this property by 6.960 square feet. The proposed builld;ng addition would increase the common area overage by approximately 1,635 square feet. For the PEC's informa:ron, the Lions Square Lodg.e Condominiums also currently exceed the maximum GRFA altowed on the property (62,733 sq. ft.) by approximately 10,927 square feet. See Section III (ZonEnS Analysis) for a more detailed description of how the property relates to all of the CCII zone district development standards. The applicant is requesting a variance to exceed the maximum common area allowed on Lot 1 by an additional 1,635 square feet. 2. Parkinq Variance The Commercial Core II zone district requires that parkrng be provided in accordance with Section 18.52 (Off-Street Parking and Loading) of the Town of Vail Municipal Code. However, if a site in the CCII zone district is unable Lo accommodate additional parkmg spaces, generated as a result of a propose:i building addition or change in use, the applicant may pay into the Town of Vail parking fund. The parking pay-in-lieu rre musf be provided to the Town prios to the issuance of a building permit for the proposed additian, or change in use. Additionally, at least one-half of the reQUired parking must be located within the main building or buildings on the site and no parking or loading may be located in any front setback area. The applicant is requesting relief from th.e CCII zone district parking standard which requires that one-half of all required parking spaces be locateO' within the main building or buildings on the site. Based upon current uses in the building, the parking requirement for the Lions Square Lodge is 190 spaces, of which one-half (95 spaces) must be enclosed. Since there are only 66 surface parking spaces and 28 enclosed parking spaces (14.7%) on the Lions Squa--, Lodge property, it is considered to be nonconforming witt: regard to the minimum number of spaces required on the property and the 50% enclosure requirement. Although the applicant has stated that they would like to provide on-site parking to accommodate the one additional parking space, required in 2 / conjunction with the proposed lobby addition, they are unable to provide this space within the main building or buildings. The attached site plan shows that one surface parking space is proposed to be added in the center landscape island which separates the upper and lower parking areas on the property. The addition of one surface parking space will increase the percentage of nonconformity of enclosed parking spaces (14.6%) on the property. The applican4 is requesting a parking variance frorn the 50% enclosure requirement in order 4o provide one additional surtace parking space for the Lions Square Lodge tobby addiYion. 11. B,4CKGROUND Phases I, II and III of the Lions Square Lodge appear to have been constructed in the years 1970-1972. The condominium plats for these buildings were recorded in 1971, 1972 and 1973, respectively. In 1973, a parking variance was granted by the PEC to convert 12 enclosed spaces in the parking structure into what is now known as the V1/ildwood Conference Room. At that time, there were 46 parking spaces in the structure. At some later date, the Lions Square Lodge converted 6 additional enclosed parking spaces into storage areas, leaving a total of 28 enclosed parking spaces today. As described further in this memorandum, staff is re,commending that the unauthorized storage areas be removed and converted back to parking spaces. This will not only improve the property's parking nonconformity (in terms of numbers and the enclosure requirement) but also its common area nonconformity (by removing approximately 1,720 square feet on common floor area). On January 4, 1995, a conceptual design review meeting was held with the Design Review Board (DRB) (See Attachment No. 1- Minutes from the January 4, 1995 DRB Meeting). The DRB felt that the proposed addition was necessary, was located in the appropriate place, and was generally acceptable provided the applicant include a planter along the north and east sides of the building addition wall, rework the wood awning at the lobby entrance, add additional mullions to the window areas to break up the large panes of glass, incorporate stone work into the glass entryway. undulate the northern boundary line of the piazza and include a new entry feature into the application, which would incorporate stone walls (to match the addition), planting areas, and new signage. The DRB also recommended that the applicant consider granting to the Town a public pedestrian easement along the northern portion of Building 1. On January 9, 1995 a worksession was held with the PEC to discuss the proposed building addition and common area variance requests. The parking variance request was not a part of this application at the time, and therefore. was not discussed by the PEC, staff or applicant (See Attachment No. 2- Minutes from the January 9, 1995 PEC worksession). During the meeting, the PEC expressed support for the proposed common area variance and recommended ways to improve the major exterior alteration application including, landscaping, building materials, architectural changes to the proposed lobby addition, improvements to the piazza area and associated landscape planters, the addition of landscaping along the noRh wall of Btjilding #1, the dedication of a public pedestrian easement across the northern portion of the property, parking lot improvements to accommodate additional on-site parking and entryway/project identification signage improvements. 3 III. ZONING AiVALYSiS Zoning: Commercial Core II (CCII) Lot Area. 1.8 acres or 78,416 square feet The bold text indicates the development standards which require variances. Allowed/Required Existing by Zoning Development Proposed Development Height': 45 feet for flat or mansard roofs Approximately 65 teet to the highest No changes proposed 48 teet lor a sloping roof poiilt oi Ihe staii Io+F;r:r Setbacks' 10 feet irom all property lines N: 11 feet No changes proposed S 6 feet E. 3 feet W t foot GRFA. 80 % of buildable area or 62 733 sq. h 94 % ol site or 73.660 sq. h. No changes proposed Common Area: 35% o( allowable GRFA or 21,957 sq. ft. 46.1% ot allowable GRFA or 28,917 sq. H. 48.70J6 ot aHowable GRFA or 30,552 sq. ft. Dwelhng Units 25 units per acre ol buildable site area 81 S units on Lol 1(66 DUs and 31 AUs) (Phases I, II 8 11) No changes proposed or 45 urnis for ihe siic 27 units in Phase IV which is located on a different lot StIe Coverage' 701,b ol ihe toial siic area or 54 891 sq F1 53 1 ro of Ihe lotal site area or 41,650 sq. h • No changes proposed" Landscaping 20% ol Ihe toial siie area or 15 683 sq ft 23 2% of the total site area or 18,244 sq. fl. 22.9% of total si?e area or 17,990 sq. H. Parking"'": 190 spaces required 94 parking spaces (66 surface spaces and 95 parking spaces (67 suriace spaces and 28 enclosNt spaces) 28 enclosed spaces) Loading. 1 loading berth required No loading bei7hs currently exist No changes proposed on the properly 'These resirictions pertain unless otherwise specified in ihe Lionshead Urban Design Guide Plan and Urban Design Considerations. "Since the proposed lobby adclition is being located directly above the Wildwood Conference Room, as well as above some housekeeping spaces, it will not increase ihe exisiing site coverage on the property. . "'The btal parking requirement for the current uses at the Lion Square Lodge is 201 spaces, however, a 5°1o reduction in parking spaces is allowed for multiple use parking (acilities per Section 18.52.120 of the Town ot Vail Municipal Code. A1 least one-haif of ihe required parking shall be located within the main building or buildings. No parking or loading may be located in any front setback area. As this property is located in the CCII zone disirict, any new parking spaces that are generated as a result of the proposed building addition must be provided on-site, however, if ihe site is unable to accommodate additional parking spaces, the applicant may pay into the Town of Vail Parking Fund. At ihis time, parking spaces are $15,000.00 each plus ihe percentage the Consumer Price Index (CPI) of the City of Denver has increased over each successive year. The amount ot this year's CPI percentage increase will be released shortly. At ihis time, ihe applicant is proposing to provide ihe one additional parking space required in conjunction with ihis building on the property, however, if ihe association chooses to pay into the Town of Vail Parking Fund at a later date, the amount of the fee will be determined based upon the parking fee ihat is in effect at the time that a building pazrmit is issued for the proposed addition. 4 , . 8!/. CRBTERI,4 TO BE fl.DSED GN EVALUATING THBS PROPOSAL A. Corn liance with the Commercial Core VI Zone Dis4rict Pur ose Staternent As stated in the Zoning Code, the purpose of the CCII zone district is as follows: "The Commercial Core II District is intended to provide sites for a mixture of multiple dwellings, lodges, and commercial establishments in a clustered, unified development. Commercial Core II District in accordance with the Vail Lionshead Urban Design Guide Plan and Design Considerations is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the district by establishing appropriate site development standards." Staff Response: Staff believes that the proposed addition to the Lions Square Lodge complies with the purpose statement of the. CCII zone district. B. Cornpliance with 4he Urban Desiqn Guide Plan for Lionshead The Lionshead Urban Design Guide Plan identifies the right-of-way between Phases II and III and Phase IV as a major Lionshead Mall entry (southwest mall entry). The only sub-area concept in the immediate vicinity of the proposed Lions Square Lodge is Concept Number 29 (see Attachment #3 for a map of the area) which suggests: "Strong landscape planting to reinforce entry identity, with tree planters to soften alleyway and introduce meander to pathway." Sfaff Response: Staff believes that the applicant has adequately responded to staff's, DRB's and PEC's recommendation to soften the appearance of the pedestrian walkway along the northern side of Building 1 with the addition of a 3-foot wide landscape planter. C. Compliance with the Urban Desiqn Considerations for Lionshead and Exterior AIteration Criteria The following design considerations are critical elements of the Urban Design Guide Plan and provide the criteria to evaluate new proposals: 9. Height and Aflassing: The Lionshead Design Guidelines focus primarily on the pedestrian mall and encourage modest additions to create a ground level experience which would atiract attention away from the height and mass of many of the existing buildings in order to overcome the "canyon" effect. According to the Lions Square Lodge's architect, the proposed addition is one story high in order to respect the views from adjacent residential spaces and is oriented towards the point of automobile access to the site. 5 The Design Guidelines also encourage building additions to match the architectural style of the existing building or buildings on the site so as to avoid a patcnwork, "tacked-on" quality for Lionshead. The Guidelines state that all expansions should appear to have been part of the original design of each building. In this case, staff believes that the existing building has an almost alpine character (pitched roof, wood siding, etc.). In contrast, the proposed addition has a flat roof, stone and stucco finishes, a heavy massive, almost a fifties, modern character" and appears to be out of character wifh the existing building. The architect has pointed out that the proposed addition will set the tone for future improvements. However, no master plan for future improvements to thE building has been provided for staff and PEC review. It is not clear how the rest of the building would eventually be made to be compatible with this addition. By approving the addition, we are approving an overall direction for future building improvements, without really kriowing, from this submittal, what that will ultimately look like. 2. Roofs: The applicant is proposing a flat roof on the proposed building addition. The roof will have two skylights in order to add additional light into the lobby area and some existing offices. The roof will be surfaced with brown, 2' by 2' concrete tiles. The applicant has stated that there will be no mechanical equipment located on the roof of the proposed building addition. The Lionshead Urban Design Considerations state that flat, shed, vaulted, or dome roofs are acceptable for building expansions. However, the Design Guidelines also state that most existing building roofs in Lionshead are too high to be seen; but where. they are highly visible from the ground, such as the Lions Square Lodge Condominiums, proposed building expansions should match the existing roof pitch. Staff believes that the proposed flat roof addition appears to be out of character with the existing building. It would appear that the floor plan of the proposed addition works very well for its intended purpose. However, it would seem to staff that with virtually the same floor plan. a building could be created that could have a pitched roof element over the lobbyiluggage!ski/vestibule area, with a one-story element over the reservation/corridor area that would tiP back into the main building. The pitc-ed roof element could adopt the character of the existing building or have a' more" alpine character. , 3. Facades - WaIIs/Structures: The proposed building addition will displace the current "trellis" and timber planters which are located on the piazza in front of the existing lobby. The . applicant points out that this addition greatly improves the visibility o` ",s main entry, which is currently recessed and difficult to locate for those nc* 'l-miliar with the facility. 6 The exterior finish materials o.f the proposed addition include stucco, to match the texture and color of the stucco on the existing building. The applicant has indicated that stone is being introduced to the materials patette in order to achieve a more elegant, richer material at the pedestrian level. The building walls, as well as the columns between window groupings, will be a brown granite with a buff sandstone cap. The fascia of the porte cochere extension will be a light colored buff sandstone. The soffit under the porte cochere will be finished with 1" by 4" pine. Window trim and mullions will be wood and will be painted dark earth tones. The doors on the west and east sides of the addition will be bronze colored anodized aluminum. The porte cochere and lobby will be brightly lit with recessed lights in the soffit to identify the building entry and to invite guests into the hotel lobby. The walkway leading around the proposed addition to the east will be lighted by surface mounted down lights (painted black) and low level ground lights recessed into the building and landscape planters. Staff believes that although the stone is a richer material, it is not used on any portion of the existing building (with the exception that it will replace the existing pipe railing directly north of Building 3) and emphasizes the difference in design character between this addition and the existing buildings. Staff also believes that the sandstone fascia on the porte cochere appears to be too heavy of a material for that location. It would seem that the proposed stone work would compliment this addition more appropriately if it were limited to the bottom 3 or 4 feet of the building, with the remaining wall finish being stucco. The curving stone wall of the proposed addition appears to have too much stone for a 12- foot high wall. Staff believes that the metal roll-up doors on the east. side of the addition have a rather "industrial appearance" and would recommend modifications to a softer, more compatible. building material. 4. Facades - 7ransparency: Staff believes that this particular design criteria has more relevancy to the more pedestrian oriented areas of the Lionshead Mall. However, as it relates to this property, staff believes that the massiveness of the east facing, stone-faced wall would be improved with the addition of windows. Although the applicant has made some revisions to the proposed west side window pattern, the . applicant should consider breaking up the panes of glass into even smaller patterns than are currently shown, at least on the main entry door and the windows on either side of the door. 5. DeCkS and PaYios: Staff believes that the existing piazza area currently exhibits an uninviting and barren appearance. The proposed lobby addition, which wrill include new landscape planters and piazza pavers, will greatly improve the appearance of this portion of the property. The proposed piazza pavers will match those used 7 in the Lionshead Mall and will be heated. The piazza pavers will be carried all the way through the breezeway, which runs between Buildings 1 and 2. At the request of both the DRB and the PEC, the applicant has undulated the northern edge of the piazza in order to provide a more visually pleasing transition to tne landscape island to the north. 6. Accent Elements: The only significant accent element proposed in conjunction with the building addition are the two.skylights on top of the flat roof. Staff believes that these skylights, especially the larger one located directly over the lobby, add an interesting element to the addition and will be even more attractive when lit up at night. 7. Landscape Elements: The easternmost ramp leading to the upper parking area will be flared out to provide a new guest drop-off aisle in front of the new lobby. The driveway flaring will encroach into an existing landscape island and will require the relocation of a large evergreen tree. This tree will be moved to the west end of the parking lot as shown on the site plan. Although the applicant is proposing to remove a number of landscape planters . located on the existing piazza. the overall amount of landscape planting area on the property will remain virtually the same with the new proposal. Three new landscape planters are going to be added to the north side of the building addition; along the west side of Building 1, directly east of the lobby addition, and along the noRh side of Building 1(in the area of the gondola pedestrian access way). All new landscape planter and site walls will be faced with brown granite to match the addition and have a sandstone cap. Staff is comfortable with the design of the planters along the north side of Building 1 and along the north and east side of the proposed lobby addition. We do, however, have some concerns with regard to the proPosed planter • located atong the west side of Building 1. The wall surrounding this planter area increases in heighc from 2 teet on the north end, to 5 feet on the south end. The applicant has indicated that the wall is sloped because the owne~ of the first floor condominium unit. nearest the breezeway, had requested a hioh wall in this area in order to alleviate privacy and noise concerns. The Association is proposing to place all landscaping in this planter area in individual potted plants. The applicant has stated that there have been water problems in the Wildwood Room located directly below this area of the piazza and therefore do not wish to introduce new landscape planters which would require substantial waterproofing to prevent further damage. Staff believes that the appearance of the piazza area would be greatly improved by the addition of a full landscape planter in front of Building 1 and the addition of a bench or two along the northern edge of the piazza. - 8 ~ Both the PEC and DRB requested that the Association amend their application to include improvements to their entryway, including stone-faced lantlscaped walls, new entry signage and possibly a new driveway and parking space reconfiguration. Both boards also pointed out that the bus turnaround located directly west of this property provides a major pedestrian connection to the Lionshead Mall, which may receive a significant increase in usage as the Lionshead area redevelops. The members felt that providing a more attractive pedestrian connection from the bus drop-off area to the Vail Associates/Gondola property, located east of the Phase I building, should also be considered in conjunction with this application. Although the applicant has submitted a new "future phase site plan" for PEC review, which shows revisions to the parking lot, landscape islands and a revised entry planter, this plan is not a part of this application. It is being provided to show the PEC members what the Lions Square Lodge is considering for changes to the property in the future. Due to problems with the Association covenants, the applicant is unable to convey a formal pedestrian easement to the Town, for the walkway north of Building 1, as requested by staff, PEC and DRB. However, they have agreed to sign a letter of agreement to allow for the continued use of the property as a public pedestrian way. 8. Service and Delivery: Although the applicant is not proposing to add additional loading berths in conjunction with this addition, staff believes that the proposed lobby addition will have a positive effect on service. and delivery. Currently, large delivery vehicles park in the access aisleways in order to deliver goods to the front door of the building, which on occasion, blocks traffic. The proposed addition will include a flare to the existing driveway leading to the lobby, which will allow delivery vehicles to park and unload without blocking existing aisleways. D. Compliance vvith the Variance Criteria The following criteria are to be used in reviewing the proposed common area and parking variance requests: 1. Consideration of Factorsa. The relationship o9 the requested variance 40 other existing or potential uses and struc4ures in the vicinity. i. Common Area Variance Request The proposed addition of approximately 1,635 square feet of . common area will inerease the mass and bulk of the existing building. However, due to its proposed location, staff does not 9 believe it will have a negative effect on surrounding properties and uses in the vicinity. Since the addition will be located directly above the Wildwood Conference Room, it will not add any additional site coverage to the property. ii. Parkinq Variance Request One of the goals of the parking requirement is to screen parking,' and to reduce the visibility of automobiles. Although the applicant is proposing one additional surface parking space in conjunction with the proposed building addition, it would appear that the location of this proposed parking space will not have a detrimental effect on the relationship between this property and surrounding properties. The staff does have some concerns with the potential damage to the roof systems of existing trees in the general vicinity of the proposed parking space. The applicant has stated that the new parking space will be sloped to match the grade of the existing site and adjacent ramp leading to the upper level parking area, and therefore will not require any excavation or retaining walls in this area. Staff recommends that should the PEC support the variance request, the PEC condition their approval of the parking variance upon the applicanYs providing a more definitive explanation as to how the survivability of the existing trees will be assured after the parking space has been added. b. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. i. Common Area Variance Request The Town of Vail zoning code standards for common area in multi-family development has recently been increased from 20% of total GRFA, to 35% of allowable GRFA, and has been defined in a new way. In the analysis of this code revision, staff took into account the many different kinds of multi-family development. On one end of the spectrum are residential condominium projects with very little common a>ea, and on the other end are full-service lodges that usually have a greater amount of common area. In order to balance the two types of developments, staff had recommended 35% for the code standard. The 35%, however, reflects a compromise. Even during the Zoning Code amendment process, staff acknowledged.that some Variances may still be needed for large mul±i-use lodges, like the Lions t Square Lodge. 10 Most of the existing common area in the Lions Square Lodge is found in a few large areas. These include hallways, stairs, and elevators comprising approximately 13,300 square feet, storage and mechanical rooms at approximately 5,850 square feet and conference facilities at 5,600 square feet. The remaining approximately 4,000 square feet of common area in the building is divided equally among management offices, restrooms, and the front desWlobby area, at approximately 1,300 square feet each. The,percentage of front desk/lobby area is approximately 4% of the total common area found on the property. Staff believes that the proposed 1,635 square foot lobby addition is reasonable in size and would allow the Lions Square Lodge to have a more functional guest check-in and lobby area of a size comparable to other similar sized lodges in Town. With the new addition (and taking into consideration the reduction of approximately 1,720 square feet of common area in the parking structure, as suggested by staff), the front desk/lobby area of the building will comprise 11 % of the total common area in the building. ii. Parkinq Variance Re4uest Staff believes that the request for relief from the strict enforcement of the enclosure regulation is reasonable. There would be a significant practical difficulty in attempting to expand the existing underground parking structure to accommodate the one additional parking space required in conjunction with the proposed building addition. As mentioned previously, staff is recommending that the association be required to remove the storage areas in the parking structure which have taken the place of the six enclosed parking spaces. Although this removal will free up additional enclosed parking spaces and improve the percentage of enclosed parking on the property, none of these spaces may be used to satisfy the provision of one enclosed parking space necessitated by the addition. In the past, staff has approved similar enclosed parking variance requests. On August 8, 1988, the Town approved a parking variance for the Tivoli Lodge. Prior to that proposal, which did not meet the standard for enclosed parking, the Town had approved a similar departure from the Zoning Code for the Ramshorn. There appears to be precedent for not requiring enclosed parking for additional spaces associated with renovations or additions. Although the proposed additional surface parking space will remove existing landscaping on the property, it will not cause the property to fall below the minimum amount of landscaping necessary in the CCII zone district. 11 c. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. i. Common Area Variance Request. The variance request for additional common area has frlo impact on the above-listed issues. ii. Parkinq Variance Repuest The variance request for one additional surface parkina woace on the property will have no impaci on the above-listed issues. 2. The Planninq and Enviranmental Commission shall make the followinq findinqs before qrantinq a variance: a. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. b. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. c. That the variance is warranted for one or more of the fol!owing reasons: i. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. ii. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. iii. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. STAFF RECOIIflMENDATION Staff recommends approval of the proposed common area and parking enclosure variance requests. We feel that the proposed lobby expansion is necessary for the appropriate functioning of the Lions Square Lodge and that the addition of one surface parking space is not detrimental to the property as a whole. Staff is recommending the following three conditions of approval: 12 1. That the Lions Square Lodge Condominium Association remove the unauthorized conversion of six enclosed parking spaces into storage areas. Converting the storage areas back to parking spaces will bring the property further into conformance with the Zoning Code by increasing the number of parking spaces, increasing the percentage of enclosed parking spaces, and decreasing the amount of common floor area found on the property. 2. Staff would recommend that prior to the issuance of a building permit for the proposed addition and surface parking space, the applicant provide staff and DRB with a more detailed explanation as to how the existing trees in the area of the new parking space will be protected and guarantee their survival for a period of two years after construction. The survivability of the evergreen tree being relocated to make room for the new guest drop-off ramp shall also be guaranteed for a two-year period. 3. Prior to the issuance of a building permit, the Lions Square Lodge Condominium Association shall sign a letter of agreement authorizing the continued public use of the walkway north of Building 1. Staff, however, recommends denial of the major exterior alteration application. We believe that the proposed addition is a radical departure from the overall context of the existing building. Although the applicant has stated that this is the first phase in an overall effort to improve the Lions Square Lodge property, no master plan has been provided for staff or PEC review. Absent a clear direction of how the existing building can be adapted to fit the proposed addition, staff can only recommend that the proposed addition be amended to blend • in better with the existing building. Staff believes that the applicant_ has not shown that the proposed addition complies with the following criteria of the Lionshead Urban Design Considerations: 1. Height and Massing. 2. Roofs. 3. Facades - WaIIs/Structures. 4. Facades - Transparency. c -omosVSl 213 13 MEMORANDUM TO: Lions Square Lodge File FROM: Jim Curnutte DATE: January 4, 1995 ~ SUBJECT: Design Review Board meeting minutes of conceptual review of Lions Square Lodge major exterior alteration application On January 4, _1995, the Vail Design Review Board (DRB) reviewed the conceptual drawings for a proposed building addition and site improvements at the Lions Square Lodge Condominiums. Jim Turner, General Manager of the Lions Square Lodge Condominium Association, was present at the meeting along with Bill Pierce and Dale Smith, architects with Fritzlen, Pierce, Briner. Bill Pierce started the discussion by providing the DRB with a summary of the proposed project. _ Mike Arnett asked if the applicant could add a copper awning around the proposed building addition in order to break up the visua~ ~-.:[)earance of the flat roof. Mike felt that the addition was too contemporary and a departure .-om the existing building which does have some afpine character to it. Mike stated that he would like to see something warmer or more traditional in design. Again. Mike suggested the possible addition of an awning or somp element of a pitched roof to thP proposed addition. Mike suggested that the large window panels at the ':)bby entrance be broken up with additional mullions to create smaller panels. Bob Borne believed that the proposed building addition was too big and asked if the condominium unit owners in the immediaie vicinity had any problems with it. Jim Turner responded that all members of the association have been prov:-_.ed with drev+rings of the proposed addition and nobody has expressed a problem with the appfication. Bob Borne asked if each condominium unit owner in the project was notifie,' of this application. Jim Curnutte stated that the Condominium Association are the applicants in this particular request and therefore it is not common practice to notify all owners of property in a condominium association when they are actually the applicants of the proposed addition. Jim did point out, however, that all property owners adjacent to Lot 1 have been notified of this request. Mike Arnett asked if the applicant would consider adding landscape planters aiong the east side of the addition in order to break up the large stone wall. He pointed out that the planter's did not have to be very wide but at least large enough for a flower bed. ATTACHMENT #1 Bill Pierce pointed out that he had some concerns with adding a landscape pianter along the entire wall because he wanted to keep adequate width for a walkway leading to the breezeway on the east side of the addition and if he added planters along the building's east wall he may have to reduce the width of the planter which is proposed to be added to the Phase I west wall. Greg Amsden believed that the addition was very commercial looking, almost like a drive-up bank, but pointed out that that could change with the possible addition of a.pitched roof. Greg pointed out that the cul-de-sac just west of the Lions Square Lodge property will most likely become a more significant access point for people going to the gondola area and recommended that the applicants consider this in their plans at this time. Greg asked if the applicants had contacted Vail Associates to see what they are proposing with regard to their upgrades in the Lionshead area so that the two plans can work together. Greg stated that he liked Mike Arnett's comment with regard to adding landscaping along the east wall of the building addition. He also felt that something should be done with the north end of the piazza to undulate the border between it and the landscape area to the north. Greg also pointed out that the site plan should be finished to show how the piazza ties in with the existing driveway, landscaping, and sidewalks directly north of the piazza. Bob Borne pointed out that the comments from Jeff Winston should be seriously taken into consideration by the applicant. Bill Pierce believed that there were some good comments made by Jeff !A/inston. Bob Borne agreed with Greg Amsden in that the building addition looked very commercial. He suggested that the applicant attempt to make the addition more alpine to fit into the existing building. Mike Arnett agreed that the north border of the piazza should be varied to blend in with the landscaping rather than be a straight line. He suggested adding a bench or two in the piazza area. Mike suggested that the applicant take this opportunity to establish a more prominent entry feature for the parking lot adjacent to Lionshead Place. He suggested that possibly the stonework on the building be carried out and used in a new sign/landscape planter. PVlike asked whether the existing sidewalk on the north side of Building 1 has been granted to the public as a public pedestrian easement. Jim Turner stated that people had always used the sidewalk to access the gondola area but he is not aware that a easement exists for that use. Mike Arnett suggested that the applicants may want to propose granting an easement to the Town for that purpose. Mike again suggested the addition of a sloped awning or a sloping roof around the perimeter of the building addition and pointed out that the sloping roof did not have to go over the entire addition. 2 Biil Pierce did not feel that a sioping roof worked for a number of architectural reasons as well as their attempt to preserve the views of condominium owners in the area. He did not like the idea of adding a sloping awning or what he called a mansard roof around the perimeter of the addition but did suggest that there is a possibility of adding a small sloping roof to approximately one-third of the eastern side of the building which would shed toward the east. The DRB in general did not care for that suggestion and felt that they would rather have 2 flat roof than one-third of the roof sloping toward the east. Mike Arnett suggested that additional mullions be added to the windows. He pointed out to the applicant that they did not feel that the addition had to match exactly the existing ew9jYFding but what they were looking at did not seem to quite work either. Sally Brainerd suggested that the applicants deal with the parking lot in conjunction with this , application. She pointed out that her biggest concern was the cantilevered awning at the entryway. Sally suggested the applicants consiaer more traditional construction. Hans Woldrich had two concerns with this application. One is that if this addition is going to . set the tone for what is going to happen to the building in future, then that is a problem because what he is seeing does not appear to be a part of the future Vail experience. His second comment was to suggest planting along the wall of the addition or benches and to . also consider bringing more landscaping into the piazza from the north. Bill Pierce agreed with ihe DRB members that a planter of some sort could be added to a significant portion of the north and east wall of the building addition. Bill then asked the DRE what they thought about the addition of stone to the Lions Square Condominiums and pointed ou; that eventually they would want to use more stone on future building upgrades. Bill then produced a photograph of a different stone type than had been previously submitted along with the applicntion and discussed how he would Iike to use this stene-pattern all the way along the entire wall as opposed to breaking it up with a stone ledge and wainscot as currently shown on the building elevation drawings. The DRB stated that they may not have a problem with the new stone proposed by Bill provided that the wall was broken up with a landscape planter. Mike Arnett again reiterated that now is the time to include a new entry feature for the project into this application. Bob Borne asked if any mechanical equipment wratsoever was going to be located on the roof of the building. Dale Smith responded that all mechanical equipment related to the building and the addition would be located internally. Bill Pierce again tried to get clarification from the DRB regarding the possibility of a sloped roof over the eastern one-third of the building addition. Most of the DRB members did not feel that that idea was appropriate. 3 Bill Pierce summarized the DRB members comments by stating that all in all, the DRB felt that the proposed addition was necessary, was located in the appropriate place, and was generally acceptable provided the applicant include a planter along the north and east sides of the building addition wall, rework the wood awning at the lobby entrance, add additional mullions to the window areas to break up the large panes of glass, incorporate stonework into the glass entryway, undulate the northern boundary line of the piazza, show the location of the removable landscape planters on the next revised site plan, showr how the northern end of the piazza ties into the driveway, landscaping and sidewalks to the north on the site plan, and include a new entry feature into the application which includes stone walls, planting areas and signage. , At this point, the DRB meeting was adjourned. . 4 4. The Vail Valley Medical Center shall install F remote control device so ~ that helicopter pilots can turn on and off the : c•ur red lights, located at the top of the utility poles in the vicinity. Except when the helipad is being used, the lights shall remain off. 5. The PEC advised the Vail Valley Medical Center that they will be _ responsible for removing the exisiing helipad west of the Municipal Building Annex and revegetatina :t^$e site as part of a permanent helipad location to be proposed on the.roo; of the hospital. Jeff Bowen amended his motion accordingly. Greg Amsden amended his second accordingly. Michael Halpert requested that an EIS should be done for the Ford Park site, but the staff and the PEC did not believe additional environmental studies were needed for this site. A 7-0 vote approved this request. 3. A request for a worksession for a major CCII exterior alteration and common area variance to allow for a lobby expansion for the..Lions Square Lodge located at 660 West Lionshead PlaceiLot 1, Vail Lionshead 1 st Filing. . Applicant: Lions Square Lodge, represented by Bill Pierce Planner: Jim Curnutte Jim Curnutte made a presentation per the staff inemo. He requesfed that the PEC members focus on Section IV (Discussion Issues) of the staff inemo. Kathy Langenwalter inquired whether the applicant was willing to go forward with a pedestrian easement along their north property line. - Jim Turner, General Manaoer of Liors Square Lodge, stated that they would be v.illing to talk to the Phase I Homeowners Association about granting a pubfic pedestrian easement to the Town. Jim Curnutte suggested that the applicant should add this to their app€ication. Kathy Langenwalter stated that she vrould like to discuss the common area variance request first and fhen get into the site and architectural issues. Bill Anderson stated that he felt that an exterior alteration for this site was desirable and that he was in favor of the common area variance. All of the PEC members were in favor of the common area variance. , Plammng and Environmental Commisslon Minutes January 9, 1995 c V ATTACHMENT #2 Kathy Langenwalter told the applicant that they should make a good case, and show hardship for the common area variance when they bring the project through for final . review. She asked Bill Pierce to present the proposed exterior alterations of the Lions Square Lodge to the PEC members. Bill Pierce, the architect for the project, reviewed the proposed, changes to the building with the PEC. Bill ,4nderson was concerned about the "big old bunker wall". He asked Bill Pierce if the wall could be softened. He asked whether the applicant had considered using smaller window panes on the front of the building. Bill Pierce stated that they were considering smaller windows with copper mullions, some stonework between windows, and breaking up the expanse of the wall with a landscape planter. Kathy Langenwalter inquired about the wainscot. Bill Anderson liked the idea of the planter and felt that it would make this part of the building more lively. He suggested making the top of the planter wall at a natural seating height. He was comfortable with the direction the site and the building was taking. He would like to see a master plan created for the possible future improvement of the main entry situation. He afso felt that the vehicular entry signage and landscape planter for the Lions Square Lodge needed to be improved with this application. Bob Armour suggested that the applicant take this opportunity to redo the surface parking area. He questioned whether the proposed exterior alteration was alpine in character. He asked the applicant what the future direction of the building would be. Bill Pierce said that the watl would be buff sandstone below, with moss rock above. He stated that they planned to repaint, replace trim, etc. in the next couple of years where needed. He said that the Association had no plans for redoing the parking lot at this point. He felt that the entry feature could be tachled along with currently proposed improvements. He was hopeful that the currently proposed improvement wo,uld get the condominium owners interested in pursuing further improvements. Bob Armour did not feel that the proposed exterior alterations had an alpine character, and questioned Mike Mollica as, to the status of the design guidelines for Lionshead. Mike Mollica stated that the existing guidelines do not stress alpine design in Lionshead. He said that Town Council was interested in amending the design guidelines to include alpine character but that the process for implementing these changes had not yet begun. The project has been funded for FY 1995. Bill Pierce stated that the building form itself was difficult to make alpine. He stated that they were attempting to give the building a more alpine feel through the currently proposed improvements. , Planning and Environmental Commisslon Minutas ' January 9, 1995 7 _ Greg Amsden stated that he would like to see the master planning done now. He feit that the stone wall was excessive. He felt that the use of a light colored stucco would lighten up the courtyard area more effectively. He feit that additional signage on the property would benefit this property. Jeff.Bowen was wondering if it would be possibie to create an angled roof over the entry area in order to soften the proposed flat roof. He was concerned about the massiveness of th,e fiat roof and wondered whether there was an architectural '.o soften its appearance. He was in favor of any additional required parking spacez being located on-site, as opposed to paying into the parking fund. However, he did not want to see a reduction in landscape areas to accommodate an additional space. Jim Curnutte stated that because the number of required parking spaces is more than one; the required number of parking spaces as a result of this project, will be rounded up to two parking spaces. Allison Lassoe was in favor of the addition of four or five parking spaces and would be in favor of a parking variance, so that the requirement that they be enclosed did not have to be complied with. She was concerned about the circular bunker wall and would like to see it straightened out and angled in the middle. She felt that white stucco would brighten up the area. She would like to see the addition of a pitched roof over the entry in order to liven up the building. She suggested putting flower boxes on the roof of the addition. She also thought that a master plan for the property would be a good idea. Dalton Williams agreed with the other PEC members comments. He would like to see a master plan done for this site. He was interested to know what Vail Associates plans for this area were (i.e: Sunbird and Gondola Building). He suggested that the applicant find a w3y to get ihe nvo required parking spaces on the siie. --He a(so suggested making the skylight on the roof of the addition bigger. Jim Turner stated that they were anxious to see what Vail Associates was going to do with this area but that they could not afford to wait to make much needed building improvements. Dalton Williams disagreed with Allison's comments concerning angulating the entryway. He was corzerned with the long mass of ihe wall. He felt that redoing the parking lot would be positive. Kathy Langenwalter felt the parking lot could be made inore attractive but was unsure whether the efficiency could be improved. Bill Anderson suggested that site lighting be incorporated into the project. Kathy Langenwalter wanted to see as much incorporation of the stone into planter walls and signs as possible. She liked the curved wall and felt that it helped the flow of that area. She felt comfortable with the shape of the building and with the proposed building materials. She did not think that stucco or copper were necessary. She told the applicant to bring colored elevation drawings to the next meeting which showed the , existing building in the bac;:ground. She also suggested the addition of light fixtures to the stone wall. Planning and Environmental Gommission Minutes January 9, 1995 Q 0 Dalton Williams suggested that artwork be embedded into the wall to add interest and draw people's attention to the area. Jim Curnutte asked the PEC what they wanted to see from the applicant in terms of parking and the entry feature. . Kathy Langenwalter felt that an entry statement should be part of this project. 4. Update on the Town's fireplace policy as it relates to a new type of Masonry Fireplaces. Planner: Russ Forrest Russ Forrest made a presentation per the staff inemo. The consensus of the PEC was that open hearth fireplaces, that are EPA Phase II units, should be banned within the Town if they violate emission standards when the fireplace doors are left open. 5. Update on the Town's effort to increase the protection of Town of Vail owned parks and open space parcels. Planner: Russ Forrest Russ Forrest made a presentation per the staff inemo. He stated that this was a recommended action in the Comprehensive Open Lands Plan. He stated that there were approximately sixty-nine parcels that the staff could bring before the PEC to rezone. Jeff Bowen felt that a change to Natural Area Preservation (NAP) district should require a vote of the people. Kathy Langenwalter agreed with Jeff's suggestion. - Russ Forrest felt that it was important to maintain some flexibility. Dalton Williams suggested that the Town Council be allowed the flexibility to rezone Agricultural Open Space and Outdoor Recreation districts to NAP with the citizens having the right to vote if they are completely against the Town Council's decision. Greg Amsden suggested that the people have the ultimate power to take a property out of the Natural Area Preservation zoning designation. Mike Mollica.stated that the Open Lands Plan suggested ways to make it more difficult for future Town Councils to make zoning changes on open space. 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I _ - - ; ~ . . ; ; ~ . . , - . . i.~. . . . . . . ~ , : . i ~ { • : : : ; i~ - ~ . . . , . a,~;~, , . _ , ~ , . , . , , re ao a )AN W . . . ; i i i, . ; i , ~ i ~ ~ . . ; . . . 1:I:..,_„_...,,.~;.,~, ~ . . . ~ . ffmT, 41 w , . i' ~ u.5' L W •b` z.` . 7 y..`Y : i . t~ 1 a ~ ~ j~l~'.97 - if'" ~ei~ g I g]~ g Q~p ~ F ~ YIEST Eb~~El U mON eNOR0 9'~ ELEVo ~ ~ W I sc.ue, ves•= r-o• •+o• :3caLe, ves•= r-o• a~e ¢ ry ~ ; A&02 . VAIL LIONSHEAD DESIGN CONSIDERATIONS JUNE 11, 19^00 • URBAN ~EWGN CONSIDERATIONS 1. The LionsHead architectural style is noticeably absent of any references to historical or geographical styles (old west, georgian, swiss village etc.). The challenge in LionsHead is to develop vitality, visual interest and pedestrian scale within _ a contemporary architectural ex- pression. 2. The general urban form of LionsHead is that of a series of connected plazas or courts, occasionally linked by a --mall or narrow passage way. Both architecture and landscape improvements should reinforce that urban form. 3. The height and spacing_of buildings, o Tentative rules, developed empirically, and the 'strong' architectural about the proportion of exterior spaces character of the upper portions as related to characteristics of human of buildirigs (long,walls, massive vision, suggest that: balconies, regular repetitions, etc.) tend to overpower the somewhat weaker an external enclosure ground floor facades, detracting from is most confor•table tlie pedestrian experience. A major alhere its walls are emphasis in all architectural im- approximately 2 as provements is to strengthen the high as the tividth of ground floor visibility and the space enclosed. -attractiveness, such that it re- establishes a sense of pedestrian if the ratio falls scale throughout the mall area. ~ to 4 or less, the space seems unen- closed; and - : - -~-----~--i - and if the height is greater than the width, it comes to - - resemble a trench or . canyon. . 4. The LionsHead Mall was originally planned and designed as a pedestrian vehicle-free zone. In most cases - . peripheral service/delivery (and - parking) corridors were provided. All improvements should recognize . . and pr.esQrve the function of those . , corridors-where they exist. - - - ~ - : --...........___IT'~ .~'f;..~... . ' j---.-.-------~-: . ~ CUIDELINES DISCUSSION Story height shall be defined by • ~ existing architectural expressions ~ of floors (spandrel beams, texture/ ~ - color changes, overhangs, roofs, etc.) or, where not otherwise apparent, - - foot i ncrements above exi sti ng natural grade adjacent to the - bui~lding. : ~ max. hei~Nf of ' - - - - P,~panyiojj wr~~ - - Commeru~f at ~ . %2 ievel be(,~u1 - . _ ( YZ ~r~e5 ~rvn c~ra~e 11 ~ ~ ~ . , ~ rr nI i E',i - ~no . ~~%~~t~l~•~; ~ _ - - " I . - - - - , ~ ~ , ~ • . : , - ~ - ~-;-f-r---~- - . - . ; - - , • ~ ~ - . , ~ , . ; .---c.~ ~-i . ~------------i_ - - ` , GU8DEL9NES DISCUSS60N Notwithstanding, where compatible _ with the existing building, a . limited variety of massing of ex- pansions is encouraged to avoid the monotony of continuous one-story expansions. - . . . _ . ---a- - ~ - ~ . . . . _ . , .-~-1_ . . ' : ~ . .1~~ ~ ' ~ • . , ~ , I - _'-t _ ' _ , , . r_ ~ , i i . , ARCHITECTU RAL'- GUIDELItVES ~ HEIGHT AND MASSING GUlDELlNES DlSCUSSION A.1. Special design consideration should o Canopies, awnings, arcade and build- be given to creating a well-defined ing extensions can all create'a pedes- ground floor pedestrian emphasis to trian focus and divert attention from overcome the canyon effect. , upper building heights and 'canyon' effect. +aL( -~a~~ G,~~?1~IDl~y a~9~ c~~v?11~~~, ~~5 a-~ev~+~~N cn haLA level r,.~~~ rrat~t i eMP~~yc~ ' ~ ~ I - - - ~ ~I I , I f ~ _ i A.2. Building expansions shall generally be limited to one-story, and 2-stories , as indicated on the Guide Plan, . or as can be demonstrated to have a positive visual and functional effect. ~ . Z - raax. o- zoft. j ?1 , _ a~ (G3'ltl~ibvt ~ } - . • ,1. - ~ { - - ' - - _ , - ~ " 1 - - - - 4- - - ~ - • ROOFS ` GU9DEL8NES DOSCUSSBON B.1. Flat, sfied,vaulted or dome roofs -,:re o Gable roof forms are more traditional acceptable for building expansions. and should be avoided in LionsHead for expansions.. B.2. Connections of roofs to existing o It is important tp integrate expan- buildings should be respective of any sions with existing buildings so as existing strong architectural lines. to avoid a patchwork, "tacked-on" (spandrel beams, texture/color changes, quality for LionsHead. It is hoped oyerhangs, etc.). that all expansions will appear to - • have been part of the original design ~ of each buildin 9 • .-J ' n ' 1. 1 r . , , • I i~ °~~;~.~r;:~ r._~ . - ~ . - . . ~ ~ . i . ' . .:..Y _i':. ' ' Y~ l.:?'.. ' ""1__ ' '.1.:,_•r•. ' . . _ . . . . . . . _ . _ . ,'r... . K`. • . - . • " ' GUIDELINES DISCUSSION - B.3. Roof slopes for expansions should not o Most existing building roofs are exceed 12112 pitch and should be high enough to be unseen. Where main relatively consistent within any one building roof planes are highly visit project. (See A.2.) from the ground, expansions should . - - - match that pitch: - 0 Shallow roof slopes are common, but - may be exceeded, where compatible with existing structural lines of the building-spandel beams, balcony levels, - j2 I Z: I Z. i : nse ts, etc. (See 6.2.` - j=--COm,n?~rG?c~ s Roofline variations adG .ariety when ex a~lyrOvl Zn n P . used with restraint. Ti_ ~~hould L , ~ - - however be limited in any one project ' - to avoid creating cumulative "business". J J ~ ti l ' !tY ••i '^~'f=-.. ~ . ?Cf.''`.,.~. ~S` _!i~rf~:1'~L~ ~ ~ . . . . -t~ . _ . -?-'r".~~.:. ='~-...r..._r..... . . . - ' _ GUIDELINES D9SCl.1SS80N B.4. Roof overhangs shall be limited from o Roof overhangs in LionsHead are often - 3 inches up to 36 inches. minimal but should as a minimum define ~ the eave 1ine. - - i + - ~r B.5. Roofs may extend beyond the overhang limit when used to create arcades or covered walkways. In such cases the roof ext.ension shall be large enough to provide a comfortable passageway, 6 foot to 8 foot minimum. - - ij - - - - - - I ~ G~ = %n ~ - - - ~ . ~ r?,.;~ ,~i , _ . : rnin. 6.6. Common roof problems, and design ~ Familiarity with the Town's ordinance considerations, in this climate for periodic snow removal from roofs include: is encouraged prior to roof design. - snow slides onto pedestrian walks ~ - gutters freezi ng - ice dams and water infiltration - heavy snow loads (require snow removal periodically) ; _ f-.-,--~-~-, : . _ '4`-? . ' - GUIDELINES DISCUSSION - 6.7 Acceptable roof materials for roof • While some ua-ii~ and accent is desirabl surfaces visible from pedestrian in the mall, general consistency and _ ways shall be: restraint in roof treatment (such as avoiding loud colors) will preserve metal - with ribs or standing the harmony between elements - also seam, dark color an important visual quality for pedestrians. glass - clear or smoked, no col ors plastic.- clear or smoked, no -colors For flat roofs and those otherwise un-seen from pedestriarl ways, built- up tar (or tar/gravel) may also be used. (See also C.) ~ . ' ' - '~•r~"~--_~T--. ~:~[_'A ."{'.y_ -j_.j .':'r'_j~„L".. . ..f.'::a•`-. _ . Y ~ ~ FACADES-WU 4 LLS/SlJ RV CTURE GUBDELINES DISCUSSBON C.1. Concrete, concrete block, glass, metal o While not wishing to restrict design stucco, and wood are the primary freedom over-much, existing cori- materials to be encouraged in LionsHead. ditions show that a restricted number of materials and color can bring harmony, and yet still allow for great variation and individual.ity. A profusion of colors brings visual chaos which destroys the unity of the built forms. C.2. Wall, planes (including structure) of o Stucco is a unifying element found concrete, block, and stucco should be throughout Vail, with a variety of white or light paste.l. (beige, grey). other materials and colors which Consistent with (not necessarily , give contra'st. the same as) the, existing building. Wood surfaces should be stained to match existing wood colors. bJhere wood does not exist in the existing building, wood in expansions should be stained to a medium range or to match the main building color - avoiding either dark or light "n,ew" wood colors. C.3. Darker earthtones are to be used primarily for trim and mullions. Bright colors, and light shades thereof (eg. red, purple and orange) are unacceptable wall or trim colors. C.4. Generally, the variety of major o Too many colors/materials create a materials (and/or colors) on any "busy" appearance and detract from buildings should be limited to 3 or simple variety which exists. less. __r_ .`y.. ` . p.""'. • .7'~y a ..'i' 77- . . C'? . ~ _ I'A•_" . rTTy~-_ _ . FACADES-TRAN SPAREIVCY - GUIDELINES DISCUSSOON D.1. Ground floor commercial facades should o Transparent store fronts a.re "people be proportionately more transparent than attractors" and give pedestrian, open, upper floors. public character to the street. (Opaque walls imply residential, private, "do not stop to look".) gra~~uQ ~Ic~rs ~r~'a~i?~atelY . glass s Second stories are typically more o ~ residential, private, and thus less o pe n. ~ - A D.2. Ground floor display window sills should be no more than 18 inches from walk level. Floor to ceiling glass is acceptable. I I I I I! I% I t ~ , I I c ~ ~ ~nchey u ~ Gl18DELBNES DISClJSS90N D.3. Window (transparency at least.70%) should comprise surface area of the ground floor commercial facade. ~ . a b ~ x D.4. Glass should be grouped into banks of . windows untied by common trim and mullions. Create broad glass/wall patterns, avoiding the impression of windows as regular spaced "holes" in the walls. i ~ S ~ •Y. : I ..i ~ . ---,s::~.;.; : r~... " _ ; • : r , : GUIDELINES DISCUSSION ° D.5. Glass should be subdivided with joints or mullions to express individual - window elements ( or the generally vertical proportions). Further subdivision of windows into smaller ; panes to increase pedestrian scale is desireable. Large single-pane windows are not prohibited however. I , ha^~~,~vxd,( ~nu.I!(~°v, s~-~r• ~%•LCo. ~ P°~f/'Ia.~i ;%G?.IC i r I 1% I ' I i I I D.6. Bay, bow & box windows are encouraged. j I . i , II ~ - - ~ - ~ - D.7. Clear or tinted glass, non-reflective - are acceptable for windows. Dark colored wood or metal are acceptable - mullion and frame materials. D.8. Exterior poors on public frontages should be at least 30 percent transparent and consisterit with . - other elements of the facade in ' design, character and materials. 1_'~+: • _ . , , . , , . . . _ . _ _ , GU9DEL9NES DOSCUSS90N D.9. Doorways and entrances should be o Recessed entrys give stronger entry _ recessed from the facade plane. identity and a sense of shel.tered , Recesses deeper than 2 feet should welcome. also be highly transparent. i D.10. Security is an important design consideration in LionsHead. Dead-bolt locks are,encouraged. Locks, door handles and glass place- ment should all:be des9qned to discourage break-in. Early security-design discussions with the Town police staff are encouraged. ' - - - ' - M1~ l~!~..7'+:'L.q.~..:.. ' . . . . . . . . . . . ' _ " _ . ..~....L.'. . 1 DECKS & PATIOS ` GUIDELlNES DISCUSSION E.I. Functional decks or patios, primarily • Dining decks and patios, when properly for dining are strong street life designed & sited, bring people to the elements in LionsHead and are highly streets, opportunities to look and encouraged, on either the ground or be looked at, and generally contribute second floor level. to the liveliness of a busy street- making a richer pedestrian experience than if those streets were empty. E.2. Decks and patios should be sited and • A review of successful decks/patios designed with due consideration to: in LionsHead reveals several common characteristics: - sun - views - wind - pedestrian activity - direct sunlight from 11:00 - 3:00 - accessibility and protection from wind increases use by many days/year. " - elevated 2 to 3 feet to give views into the pedestrian walk (and not the reverse) physical separation from pedestri-, walk of 2 feet to 6 feet (a plan, more effective than a wall) - overhang gives pedestrian scale/ shelter ~ ACCENT ELEMENTS GIJaDEL9NES DUSCUSSBON F.1. Judicious use of colorful accent elements, consistent with existing character of LionsHead are encouraged, such as: Awnings and canopies - canvas, bright color or stripes of two colors. Flags, Banners - hanging from buildings, poles, and even across streets for . special occasions. Umbrellas - over tables on outdoor patios. Annual color flowers in beds or planters, in balcony or window boxes. Flood lighting - buildings, plazas, windows, trees (lights all winter). Painted wall graphics - symbols,.accent . compositions, etc. Fountains - sculptural, with both winter and summer character. Judicious use of bright colors to accent trim (pinstripe, scrollwork, eg.) will be acceptable. ~ ' ~'Y_ - r' ' ' ~,i ''s• n . Julie Iverson stated that the Covered Bridge Coffee Shop desired additional seating and a couple of tables for their store. . Kathy Langenwalter asked whether a streetscape bench was to be located in the back corner by Pepi's as part of the PEC approval of the Covered Bridge Building. Julie Iverson stated that she thought that benches would be located adjacent to Gore Creek. Bill Anderson was concerned that the proposed location of the tables would get in the way of the ADA lift. Bob Armour agreed with Bill's comments and stated that he was concerned with the proposed hours of operation. He also stated that if the conditional use permit request was approved, it should be for a period of one year at a time. He added that he was opposed to this request. Greg Amsden felt that the steep slope of the proposed location of the dining deck was not favorable for accommodating tables. He stated that the streetscape bench the developer was supposed to install was to be located along Pepi's wall. Jeff Bowen stated that he was not in favor of an outdoor dining deck the Covered Bridge Coffee Shop and agreed that the tables would block the ADA lift. Dalton Williams also felt the tables would block the ADA lift. He added that the location of tables across from Nick's could cause additional noise problems for adjacent lodge units since Nick's customers would hang out at the proposed tables. Kathy Langenwalter suggested that this item be tabled until the next meeting so that the appficant could prepare a two scale drawing for staff and the PEC that showed a more acceptable arrangement of the tables. Jeff Bowen made a motion to table this request for a conditional use permit to allow for an outdoor dining deck be tabled until February 27, 1995 with Dalton Williams seconding the motion. A 6-0 vote tabled this item to the February 27, 1995 PEC meeting: 3. A request for a major CCII exterior alteration and common area and parking variances to allow for a lobby expansion for the Lions Square Lodge located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1st Filing. Applicant: Lions Square Lodge, represented by Bill Pierce Planner: Jim Curnutte Jim Curnutte made a presentation per the staff inemo. He stated that staff was recommending approval of the proposed common area and parking enclosure variance requests with the three conditions outlined on Page 13 of the staff inemo. He stated that staff, was recommending denial of the major exterior alteration application due to staff's feeling that the proposed addition is a radical departure from the overall context of the existing building. PLANNING AND ENVIRONMENTAL COMMISSION MINUTES February 13, 1995 3 ~ Bill Pierce, the architect for this project, explained the changes that had been made to the project since the January 9, 1995 PEC worksession. Kathy Langenwalter requested that the applicants address the three conditions of approval outlined on Page 13 of the staff inemo.. Jim Turner, the Manager of the Lions Square Lodge, stated that they would convert the storage areas back to enclosed parking spaces. Concerning Condition 2, Bill Pierce explained to the PEC how the existing trees in the area of the new parking space will be protected. Bill Anderson stated that he had no problem with either the parking or common area variance requests. Bob Armour stated that he had no problem with either the common area or parking variance requests provided that they convert the storage areas back to parking spaces. Greg Amsden, Jeff Bowen and Dalton Williams agreed with Bob Armour's position. Concerning the proposed major exterior alteration, Dalton was concerned about the location of the sandstone cap above the entryway to the Lions Square Lodge. He said he would like a condition placed on this project that all other phases of this property be painted to match the building. ' Jeff Bowen stated that he no longer had a problem with the proposed flat roof. He felt that what was being proposed would be quite attractive. He aareed with Dalton's comment that the paint scheme should match on all phases of the Lions Square Lodge property. Kathy Langenwalter asked Jeff or Dalton whether they had a problem with the painting of the buildings occurring at different times. Jeff stated that he did not have a problem with one building being painted one year and one building being painted the following yeaC. Dalton felt that both buildings should be painted at the same time. Greg Amsden was concerned that the proposed rock wall still appeared to be too massive. He was comfortable with the rest of the proposal. Bob Armour was in favor of the wall consisting entirely of stone. He stated that the planter at the north end of the building adjacent to Vail Associates property should be removed due to heavy pedestrian usage of this location. He felt that both buildings should be painted at the same time in order to give the property a finished look. Bill Anderson agreed with the other PEC members and stated that the proposal was a positive for the Lions Square Lodge property. He stated that he would like to see the painting done as a package as opposed to painting one building one year and one building the next year. PLANNING AND ENVIRONMENTAL COMMISSION MINUTES February 13. 1995 4 9 R Dalton Williams mentioned that he would prefer it if the landscaping north of Building 1 were actually located next to the fence on the north side of the walk but was not adamant about it. He added that he was concerned about the location of the gas meter. Bill Pierce explained that the meter is not a part of this application. He was concerned that locating the trees by the wall could create a"canyon effect". Bill Anderson favored the trees being located by the fence as opposed to the building. He stated that the PEC reviewed a request to vacate a pedestrian easement recently and that if the applicant locates trees in this area, in the future, the trees could grow to a size that would prohibit the use of the pathway. . Kathy Langenwalter felt that the planter should remain. Bill, Bob, Greg, and Jeff agreed with Kathy's position. Kathy Langenwalter asked the applicant whether they agreed to paint the two buildings as a condition of approval for this project. Jim Turner stated that they would need to get approval from the condominium association in order to paint the two buildings. Dalton Williams made a motion to approve the request for a major CCII exterior alteration and common area and parking variance requests per the staff inemo including the three conditions included on Page 13 of the staff inemo and the additional two conditions that: 1. The two buildings be painted at the same time and that this be reviewed by the DRB and done in conjunction with the proposed addition. 2. The landscape planter located next to Building 1 must be constructed with the same Perlite and topsoil treatment proposed for the planter attached to the proposed addition. He added that the PEC was overturning the staff's recommendation of denial for the major CCII exterior alteration per the discussion that had occurred at today's hearing. Bill Anderson seconded the motion and a 6-0 vote approved the major CCII exterior alteration request and the common area and parking variance requests. It should be noted, that Greg Amsden left the meeting at approximately 4:00 p.m. 4. A request for a vuorksession for a CCI minor exterior alteration to allow for an addition to the Golden Bear retail shop within the A and D Building, located at 286 Bridge StreeULots A and B and a part of C, Block 5-A, Vail Village 1 st Filing. Applicant: Lee Hollis Planner: Randy Stouder Randy Stouder made a presentation per the staff inemo. PLANNING AND ENVIRONMENTAL COMMISSION MINUTES February 13, 1995 5 ~e e e4 TOi~ OF VAIL 75 South Frontage Road Department of Communiry Development Vail, Colorado 81657 303-479-21381479-2139 ' FAX 303-479-2452 January 11, 1995 ~ Mr. Dan Feeney Vail Valley Medical Center 181 West Meadow Drive Vail, CO 81657 RE: Helipad conditional use approval Dear Dan: • At today's worksession, the Town Council called up the Planning and Environmental Commission (PEC) approval of the helipad. Would you ptease come to the Council evening meeting on January 17, 1995 for the review of this decision? The PEC approval was made on January 9, 1995 with five conditions. These include: 1. Prior to May 1, 1995, the Vail Valley Medical Center shall remove all improvements of the helipad. Specifically, ihe jersey barrier and the red lights on the utility poles shall be removed. If any cinders or debris are left on the creek bank, as a result of the snow plowing, the Vail Valley Medical Center shall clean the bank. 2. The Vail Valley Medical Center shall provide a letter from the Colorado Department of Transportation (CDOT) approving of the helipad location for the length of time between now and May 1, 1995. 3. The Vail Valley Medical Center shall request that the Town, when plowing the helipad area, create a snow berm separating the helipad area from the rest of the parking lot. The purpose of the snow berm is to protect parked cars from any gravel spray that may be created during landings and take offs. 4. The Vail Valley Medical Center shall install a remote control device so thaf helicopter pilots can turn on and off the four red lights, located at the top of the utility poles in the vicinity. Except when the helipad is being used, the lights shall remain off. 5. The PEC advised the Vail Valley Medical Center that they will be responsible for removing the existing helipad west of the Municipal Building Annex and revegetating the site as part of a permanent helipad location to be proposed on the roof of the hospitat. 0 Mr. Feeney January 11, 1995 Page Two The PEC emphasized that their decision ref(ects an assumption that summer weather provides other opportunities for helicopter landings and that health/safety services will not be compromised. I look fonward to receiving your application for locating the helipad on the roof of the hospital. I believe that that review will go smoother if there is more documentation up-front about many of the questions that were raised in today's hearing. Will you please include statements from Flight for Life and Air Life evaluating the safety issues of landing helicopters adjacent to the Evergreen Lodge on the roof of the hospital. I believe it would also be beneficial to include a statement from Diana Hern describing the medical needs of the patients as she articulated them at the PEC hearing. Please include a statement from the Eagle Valley Ambulance District stating the number of times a helicopter vras called into the valley, the size of the helicopter, and where it landed. I think all of this information will help the PEC and ultimately the Town Council in their decision. I Icok forward to discussing the issues with you in greater detail later on. The suggestion to provide these points of view from other parties involved in medicaf services are recommendations on my part, not requirements. I am interested in any suggestions you might have. Please give me a call if you would like to discuss any of these issues in greater detail. I appreciate your cooperation in this effort--especially given the fact that there are so many different groups of people involved in the helipad issue. Sincerely, Andy Knudtsen . Senior Planner xc: Bob McLaurin Dick Duran Larry Grafel Pam Brandmeyer Mike Mollica ~e4 E Copy ` FIL TOW1V OF VAIL ~ 75 South Frontage Road Deparunent of Community Development Vail, Colorado 81657 303-479-21381479-2139 FAX 303-479-2452 February 16, 1994 Mr. Dan Feeney Vail Valley Medical Center 181 West Meadow Drive Vail, CO 81657 RE: Helipad relocation site Dear Dan: I understand that the lead person representing the Town of Vail in the effort to relocate the helipad is now Dick Duran, Chief of the Vail Fire Department. I think this makes the most sense as the Fire Department understands the needs and requirements for emergency services within the community. Once you have worked with him on exploring the pros and cons of the various sites that have been suggested so far, please let me know, and I will schedule you for another worksession with the Planning and Environmental Commission. Please call me if I can be of any further assistance, but until I hear from you, I will assume you are working with Dick Duran on this issue. . In addition, Bob Armour has asked that he be notified of ineetings. He is involved with the ambulance/emergency services unit. His phone number is 476-2837. Thank you for your cooperation throughout this project. Sincerely, . Andy Kn dtsen ~ Senior Planner xc: Dick Duran 1 y YO0EMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 9, 1995 SUBJECT: A request for a conditional use permit to allow for a helipad to be located at the east end of the Ford Park parking lot. Applicant: Vail Valley Medical Center Planner: Andy Knudtsen 0. DESCRIPTDON OF THE PROPOSED IiSE The Vail Valley Medical. Center is requesting to temporarily relocate the existing helipad to the eastern portion of the Ford Park parking lot. The helipad is used for emergency medical evacuations of patients whose conditions require specialized care not presently available at the hospital. It is used between twelve and twenty times a year. The existing helipad, located west of the Town of Vail Annex Building, would remain at this time but would not be used. The Vail Valley Medical Center is requesting to use the Ford Park helipad site through November 1, 1995. They are anticipating obtaining Town approval and constructing a helipad on the roof of the third floor of the hospital during the summer months of 1995. It is planned to be operational for the 1995/1996 ski season. In theory, the Ford Park location could serve as the helipad site until the roof of the hospital is available. However, staff believes that summer weather provides more options for landing the large helicopters. Vlle believe that the demand for Ford Park parking is important and requiring the larger helicopters to land in other locations within the community is a reasonable requirement. The Town staff believes that the Vail Valley Medical Center should remove all of the improvements by May 1, 1995. After May 1. 1995, helicopter senrice could be provided from the Municipal Annex helipad for small helicopters or other sites within the community for larger helicopters. During wrinter months, using areas such as the softball fields is difficult as they are not plowed. However, during summer months, there are other alternatives for providing landing areas for the larger helicopters. Staff believes that is also important to keep in mind that the Ford Park parking lots receive most of their use during the summer months. Staff believes that it will be imperative for the helipad improvements to be removed as the demand for parking in Ford Park increases during the summer. This is based on 4he assumptiort that summer weafher prodides oYher oppoo'4uni4ies fOr heliCOpter landing and that health/saf.ety serdices will nof be compromised. 1 II. BACKGROUPID AYVD HISTORY The primary reason this request is before the Planning and Environmental Commission (PEC) at this time is because of the emergencies that occurred in December of 1994. Several members of the community met in late December of 1994 after helicopter transports did not run as efficiently as possible. The primary concern was providing a helipad that could accommodate the large helicopters from Grand Junction. The existing site, west of the Town of Vail Annex Building, is not large enough to accommodate the larger helicopters. With a sense of urgency, this group addressed Town Council in late December, and received permission to build a temporary helipad at,Ford Park, which has been constructed. At this time, the conditional use process must be completed, as the Ford Park parking lot is zoned Public Use, which requires a conditional use permit to allow a helipad. Other reasons for relocating the helipad include the Town Council's request that the hospital move it. When construction for the Police addition began, additional parking spaces were needed on the municipal site. The Council decided that the parking area west of the Municipal Annex Building should be used. This decision resulted in an increase of sixteen parking spaces. Since there was potential for damaging cars, given that the helipad is approximately 12 feet from the closest parking spaces, it was decided to move the helipad. A third reason cited for relocating the helipad was that the Frontage Road would no longer have to be shut down when helicopters are using the Ford Park landing pad, and that the existing location was too congested and too small to safely accommodate the newer, larger helicopters. A majority of the land to be used for the new helipad is located in the I-70 right-of-way. The Colorado Department of Transportation has approved the use of the right-of-way for this purpose, and their letter of approval is attached at the end of the memo. No turn lanes are being required for the new access point and the location and number of curb cuts will not change. CDOT has stipulated in their letter that they see this as a temporary measure. This is consistent with the Town's point of view that this location is temporary. The helipad area is separated from the rest of the parking area of Ford Park by jersey barrier. The jersey barrier is needed to delineate the parking area from the helipad area to ensure that the helipad is available for use at all times. The landing pad cannot be blocked by any parked cars. In previous discussions, the staff and the hospital had agreed that the delineation between the two areas would be a landscaped berm. Not only would the landscape berm look more attractive, but it would also protect parked cars adjacent to the helipad from gravel spray created during landings and takeoffs. Since this is a temporary measurn-, staff believes that the landscaping is not needed for aesthetic purposes. As far as the p~t-pose of shielding the cars from gravel spray, staff believes that this should not occur as the landing area will be covered in snow and will not be sanded. Therefore, there should be little gravel spray. There will be approximately forty to fifty parking spaces that will be removed as a result of this use. The lot in this area is narrow, and.does not allow many parking spaces. During the winter months, the demand for these spaces is. less than other parking facilities. Greg Hall, the Town Engineer, has said that during the 1992-1993 ski season, the Ford Park parking lot was full twice. For the 1993/1994 ski season, the lot was full five times. Winter parking demands differ from summer parking demands and the Town believes that it is imperative that the full parking lot be available for use for the 1995 summer season. The proposed use will not impact summer parking, assuming the improvements are removed by May 1, 1995. 2 , • - The flight pattern associated with the new helipad will be different from the one used with the current helipad. Presently, the Fire Department must close the Frontage Road to provide a runway. With the proposed location, the Frontage Road will not need to be closed. The area immediately south of the Frontage Road will serve as the runway. To improve safety, the utility line immediately east of helipad site has four red lights attached to the top of utility poles. Another site which was considered for the helipad use is the Town's snow dump area. Additional cutting in the hillside would have been required to create a level area large enough for the helipad. The helicopter pilot was concerned because the varying topography in the area would not provide adequate "lift" for the helicopter during takeoff. In addition, there was some concern about combining Public Works traffic writh the emergency vehicles accessing the pad. As a result, staff is not recommending that the hospital pursue this option. 989. CONDIT90NAL C9SE CRBTER9A AND FiND9NCaS Upon review of Section 18.60, the Community Development Department recommends approval of the conditional use permit based upon the following factors: A. Criteria: 1. Relationship and irripact of the use on development objectives of the Town. Section 18.02.020, Purpose of the Zoning Code, states that "the regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town..." Staff believes that the provision of a helipad is in accordance with the purpose section of the Zoning Code as it promotes the health and safety of the community. 2. The effec4 of the use on ligh4 anci air, distribution of populafion, transpor4ation facilifies, utilities, schools, parks and recreafiion facilities, and o4her public facilities needs. The public facility most affected by the proposal is the Town's parking supply. Staff believes that the approximately forty spaces that will be lost during the winter is an acceptable situation. Given that the lot was full only twice during the 1992/1993 winter and five times during the 1993/1994 winter, staff believes that it will not impact the overall parking supply in the Towrn significantly. During the summer months, the parking lot is full more frequently. Staff believes it will be imperative for the Vail Valley Medical Center to remove the helipad by May 1, 1995 in order to ensure that as much parking as possible is available for summer use. 3. EffeC4 upon traffic wi4h partiCUlaP referenCe t0 Congestion, au4orno4ive and pedestrian safe4y and convenience, traffic flow and con4rol, access, maneuverability, and Pernoval of snow frorn the streef and parking areas. 3 There w.ill be a positive impact on traffic patterns as a result of the relacation. Since the Frontage Road will no longer need to be shut down to accommodate the landings and takeoffs, staff believes that traffic safety will improve. One of the perceived negative aspects of the change is that the helipad will be located east of the four-way stop. However, all vehicles leaving the fire station, the hospital, and the ambulance headquarters must pass through the four-way tcr reach either the existing or proposed helipad. Staff believes there will be no additional negative impacts to the traffic patterns. If it is acceptable to the PEC, the snow will be plowed to the south, over the creek bank. Staff understands that there was a priority on constructinq ±he snow dump in order to reduce environmental impacts to Gore Creek. k:•{,:~. situation, however, is different in that there is less snow and the qualii~ ~i Me - snow is much cleaner. There will be no oil or other environmentally damaging materials typically found in parking lots. Russ Forrest, the Town's Environmental Health Officer, has said that if the area is closed off from pub{ic use, if there is no parking in the area and if no cinders or salt are used, then the snow will be clean enough to not negatively impact the creek. Given the unique circumstances surrounding the helipad, staff believes that plowing the snow over the creek bank may be reasonable. However, the plowed snow will be visible on the stream bank which may be aesthetically negative. Staff is also concerned that if snow is plowed over the stream bank, the Town is not setting a good example for the community. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes that the two potential impacts to the character of the area are appearance and noise. The four red lights that have been located on the top of the utility poles east of the helipad affect the character of the area for residents living around the site, as well as individuals traveling along I-70 or the Frontage Road. The lighting ordinance adopted by Town Council exempts municipal lighting installed for the benefit of public health, safety and welfare. However, the goal of the code change was to limit the amount of illumination in an effort to preserve the mountain character of the cornrnunity. The additional lights conflict with that goal, but are necessary for the use of the helipad. Staff believes that the noise generated by the helicopter, approximately twelve to twenty times a year, is not an unreasonable impact for the neighbors to this site. Staff bases this on the infrequent use of the site, as well as the distance from the helipad to neighboring uses. The closest residence is approximately 400 feet from the helipad, across Gore Creek. There will also be some impac:t on park users. The Wren is 2,100 feet from the pad. Staff discussed the helipad with some neighbors in the vicinity, who live between Ford Park and the go{f course. They expressed concerns about the noise as well as the review process. They suggested that an Environmental Impact Report be required prior to the construction of the helipad. After discussions with Russell Forrest, the Environmental Policy Planner for the Town, it is apparent that a full Environmental Impact Report is not needed as • 4 the impacts from this use are noise and potentially, snowmelt into Gore Creek. Staff believes that evaluation of these two impacts can be done via the conditional use hearing process, and that additional studies are not necessary. In general, staff believes that the limited impacts to the neighborhood are reasonable, given the fact they will occur foc the next four months, but will then be removed. B. Findinqs: The Planninq and Environmental Commission shall make the followinq findinqs before grantinq a conditional use permit: 1. That the proposed location of the use in accord with the purposes ot the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. OV. STAFF RECOMMENDATlON Staff recommends approval of the proposal to relocate ihe helipad on a temporary basis. UVe believe that the use of the Ford Park parking lot during the months of January, February, March and April is acceptable. The staff recommendation is based on the analysis of the criteria above as wefl as the findings. Specifically, staff believes that Finding 61 is met as the proposed location is in accordance with the purpose of the conditional use criteria. Finding B2 is met, in staff's opinion, as the proposed location and the impacts from its operation will not be detrimental to public health, safety and welfare. Finally, staff believes that Finding B3 is met as the applicable provisions of the conditional use permit have been met, with the inclusion of the condition listed below. Therefore, staff recommends approeal of the temporary use with the following condition: 1. Prior to May 1, 1995, the Vail Valley Medical Center shall remove all improvements of the helipad. Specifically, the jersey barrier and the red lights on the utility poles shall be removed. If any cinders or debris are left on the creek bank, as a result of the snow plowing, the Vail Valley Medical Center shall clean the bank. c: \peclmem oslhel i pad.109 5 . ~e FRCNZA!i ~ RD. - _ 8238 - - - ~ - 8240 = _ ~ - - - - ^ - - - - - ` -~~J I -824-Z- ~ - -~aRK;n~ ~ ~ , • ' ~ - - ~i r - I, 8242 C~9A~~~ qi C Yi~i~ ,8244, ~:_-----------"--`---.._R OF ~ --GGVEL EDGE . Ie'~V. . - ~ ~rz~V _ ~ I ~ i ~ _ W~ qlp- i rm- ~ . 70 ROW ~ - - - - - - - Pp '14 ~ 8240 36' 823o pJE~ 8?2p s Q ZQO L EGEn O uarv., O~ f.E:7F~C . ~7. L ra,rr ~ - • - FFN~E ; • : 1 ~•-ti~ fv•:,. January 5, 1995 ~ - Andy Knudtsen Community Development Department Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Andy, . Reference our current application for a conditional use permit to site a helipad at the east end of the Ford Park parking lote . We are hereby requesting that this application be approved through ATovember 30, 1995, and that permanent improvements previously discussed (eog<, a new curb cut, landscaped berm, etc.) not be required, in view of our proposed short-term use of this site. The hospital's Governing Board has recently authorized us to seek a conditional use permit to construct a permanent helipad on the roof of the hospitale When design work is sufficiently advanced, we will submit a formal application. Pending Town approvals, our goal is to have the new helipad ready for use by this ATovember 30the Attached you will find a revised plan showing the configuration of the temporary Ford Park site we propose to use until our permanent helipad is ready for flight operations. S' ere i `QQ,~zelt~ Dan Faci iti Project Manager cc: Paul Johnston Ray McMahan Enclosure ---~Cl _ . ~ - ~ DEPAATMENT OF TRANSPORTATION ' Region 3 O7' 222 South Sixth Street, Room 317 Grand Juncllon, Colorado 81501-2769 (303)248-7208 FAX # (303)248-7254 October 27, 1993 Mr. Dan Feeney Facilities Manager Vail Va11ey Medical Center 181 West Meadow Drive, Suite 100 Vail, Colorado 81657 Dear Mr. Feeney: The Colorado DepartmAnt of Transportation.(CDOT) has received your request to relocate the medical evacuation helipad approximately one mile east of the Medical Center adjacent to the South Frontage Road of I-70. It is our understanding that this is a temporary measure with the helipad eventually being located on the hospital roof when the facility is enlarged in the next 5 to 8 years. , Your request is approved with the following conditions : The existing helipad is to be remaved, the area landscaped and restored to natural countours, and no further uses for parking, etc., will be allowed. Construction of the new helipad will be approved by a maintenance agreement. which will address construction signing, control of access, provide insurance for CDOT, and require relocation should CDOT need this right of way for othsr transportation uses. PlEase contact Mr. Jonn Smith, Maintenance Superintendent, at (303) 248-7360 regarding this agreement. Very truly yours, R. P. Moston Director, Transportation Region 3 cc: Smith . file , Allison Lassoe felt that it was not appropriate to remove the pedestrian easement. ~ Christie Hochtl stated that surprisingly few people utilized the pedestrian easement for access in the last year. Kathy Langenwalter did not feel that it was appropriate to remove the pedestrian easement from this location and that it was important to maintain access to the open area.. Jeff Bowen made a motion to recommend to Council, the approval of this request for a vacation of a pedestrian easement, with Bill Anderson seconding the motion. A 4-2 vote approved this request with Kathy Langenwalter and Allison Lassoe opposing the request. 2. . A request for a conditional use permit to allow for a lielipad to be located at the east end of the Ford Park parking lot. Applicant: Vail Valley Medical Center, represented by Dan Feeney Planner: Andy Knudtsen Andy Knudtsen made a presentation per the staff inemo. He stated that staff was recommending approval of this request with one condition outlined on Page 5 of the staff inemorandum, and three additional conditions as discussed. Dan Feeney, representing the Vail Valley Medical Center, stated that the issue of the helipad has been an ongoing discussion for the last two years. He stated that in that time, the Hospital Board has focused on a long-term solution and will be going forward with plans to locate the helipad on top of the Medical Center Building later this year. He statsd that they were very sensitive to the use of Ford Park during the summer months, but requested that they be allowed to use the Ford Park site through November 30, 1995. He stated that they would be willing to let the Town decide at what times the helipad area be utilized for parking. Andy Knudtsen asked whether the jersey barrier would be removed at times when the helipad site was utilized for parking. Dan Feeney stated that they were not proposing to remove the jersey barriers at such times. Andy Knudtsen explained that such a scenario would result in a loss of approximately twenty parking spaces, instead of the forty to fifty that would be lost if the helipad site were kept closed at all times. Dan Feeney stated that several years ago, one of their main helicopter companies, Air Life, switched to larger helicopters. Bob Armour inquired whether the applicant had consider utilizing a Chinook helicopter from Vail Mountain Rescue for transport to the roof of the hospital. Planning and Environmental Commission Minutes January 9, 1995 2 ~ d ' _ Dick Duran felt that the Chinook helicopters were a completely different animal and said that the hospital roof would not accommodate these. He explained that the current helipad site by the Town of Vail Annex Building was actually on CDOT property. He stated that the Fire DepartmenYs biggest problem was that they do not have a large enough staff to take the time and look for adequate sites for the helipad. He stated that they have been dealing with this issue since 1975 and that they were hoping that the location of the helipad on the roof of the hospital would put an end to this issue. He stated that he was in favor of the helipad remaining at the Ford Park location through the summer of 1995. Mike Halpert, an adjacent property owner of the Ford Park helipad site, stated that he felt an Environmental Impact Statement (EIS) should be required. He emphasized the importance of finding a safe site for the helipad. Mr. Helpert was opposed to the helipad remaining at Ford Park through the summer months. He felt the Town should find a permanent site that could accommodate large helicopters instead of a series of temporary sites. Andy Knudtsen stated that regarding an EIS, he felt that the environmental concerns of noise and snowplowing issues could be adequately addressed via the conditional use permit. Mike Halpert was also concerned about the power lines being a safety issue. Ceil Foltz, representing the Vail Valley Foundation, stated that as she understood the parking issues, she was in favor of moving the helipad away from Ford Park. The continual removal of the helipad (jersey barrier) could be time consuming and problematic from a labor standpoint, especially when the parking lot will be full every night in July. Diana Donovan, an adjacent property owner, felt that the helipad should remain next to the Town of Vail Annex Building. She felt that the helipad should be removed from the Ford Park site because of its impacts on the adjacent neighborhood areas. Diana stated that this application did not meet Finding 2 due to the noise generated from the helicopters and the safety issues concerning the power lines. Lynn Morgan, Manager of the Eagle County Ambulance District, stated that the patienYs needs also should be considered along with this conditional use permit application. He ielt that granting this application could finally get Vail to the point where quality emergency care is offered to its residents. He felt that the potential impact to the Ford Park area was not that large when considering that the helipad is utilized approximately thirty times a year. Mike Mollica asked whether it was realistic for the hospital to build a helipad on the roof of the hospital if these larger helicopters (such as Chinooks and Hugheys) were to be used more frequently. Planning and Environmental Commission Minutes January 9, 1995 3 r P Bob Armour clarified that Chinooks and Hugheys iand very infrequeniiy in Vail. Dan Feeney stated that they have talked continually with Air Life and Flight for Life and that they were told that the hospital rooftop pad should be able to accommodate both the large and small helicopters in both company's fleets, for the foreseeable future. Diana Hern, a physician with the Vail Valley Medical Center, stated that the key decision to use the helicopter is to decrease the time the patient is between medical facilities. Mike Halpert emphasized that there was a need to find a permanent site for the helipad. Dick Duran stated that the Air Life and Flight for Life have used the same size of helicopters for approximately the last year and one-half. He added that the pilots were most comfortabfe with landing at the Ford Park site, Jeff Bowen stated that there was no question in his mind that the roof of the hospital was the location for a permanent helipad site. He felt that a conditional use permit until May 1, 1995 was acceptable but that the permanent helipad site needed to be completed as quickly as possible. He felt that it was important for the long-term plan, to prepare for the use of larger helicopters. He suggested that the Vail Commons site could be looked at as a second site for a helipad. Allison Lassoe felt that the hospital needed to get going with the plans to locate a helipad on the roof of the hospital. She was concerned about the lighting, the power lines and the gravel spray at the Ford Park site. She felt that for the summer months, another solution must be found. Greg Amsden felt that the Vail Commons site should be given further consideration. He said that he was in favor of a helipad being located on the rooi oi the hospital. He could tolerate the Ford Park site untif May but suggested that the Vail Commons site be cleaned up now and put to use. Bob Armour stated that there are three different sizes of heiicopters: small, large and very large. Concerning the very large, there is no way to locate a helipad that could accommodate these on the roof of the hospital. He emphasized that the Town needed to have the ability to transport a person to a higher form of inedical care and that another site in Town could accommodate the occasional use of the very large helicopters. It should be noted that Dalton Williams arrived at approximately 3:15 p.m. Bill Anderson stated that he would vote for the conditional use permit with a deadline of May 1 st in order to put pressure on the Fire Department and the Vail Valley Medical Center to find an acceptable permanent site. He stated that the Ford Park site during the summer months was not acceptable. He suggested that an alternate site during the summer months could be the site adjacent to the Municipal Annex Building. Planning and Environmental Commission Minutes January 9, 1995 4 L . Kathy Langenwalter stated that she agreed with the other PEC members' comments . that the Ford Park site was not a viabie, long-term solution for the helipad. She reiterated that it was important for a site to be found that could accommodate bath the small and large size helicopters that may be used. Dalton Williams stated that, as a pilot, the Ford Park site was not safe due to the location of the power lines. He felt that an additional condition of approval should be that the lights located on the top of the poles should be remofe controlfed so that the pilots can turn them on and off. He felt that the lights created a hazard for drivers on I- 70 when the road conditions are icy. Bill Anderson was concerned about the potential for failure with the remote control lights. Bob Armour felt that the lights should stay on until May 1, 1995 at which time the helipad will be removed. Greg and Allison felt that the lights should be remote controlled. Jeff Bowen made a motion to approve this request for a conditional use permit per the staff memo including the condition outlined on Page 5, the addition three conditions and with the fifth condition that: 1. The lights be remote controlled and set to a frequency the helicopter pilots may access. Greg Amsden seconded the motion. Kathy. Langenwalter requested that this motion should not be taken as 'an approval of this site for the helipad but merely a way for the community to get through the next few months and that this conditional use permit is non-renewable. The five conditions were clarified to read as follows: 1. Prior to May 1, 1995, the Vail Valley Medical Center shall remove all improvements of the helipad. Specifically, the jersey barrier and the red lights on the utility poles shall be remaved. If any cinders or debris are left on the creek bank, as a result of the snow plowing, the Vail Valley Medical Center shall clean the bank. 2. The Vail Valley Medical Center shall provide a letter from the Colorado Department of Transportation (CDOT) approving of the hefipad location for the length of time between now and May 1, 1995. 3. The Vail Valley Medical Center shall request that the Town, when plowing the helipad area, create a snow berm separating the helipad area from the rest of the parking lot. The purpose of the snow berm is to protect parked cars from any gravel spray that may be created during landings and take offs. Planning and Environmental Commission Minutes January 9, 1995 5 ( a 4. The Vail Valley Medical Center shall install a remote control device so that helicopter pilots can turn on and off the four red lights, located at the top of the utility poles in the vicinity. Except when the helipad is being used, the lights shall remain off. 5. The PEC advised the Vail Valley Medical Center that they will be responsible for removing the existing helipad west of the Municipal Building Annex and revegetating the site as part of a permanent helipad location to be proposed on the roof of the hospital. Jeff Bowen amended his motion accordingly. Greg Amsden amended his second accordingly. Michael Halpert requested that an EIS should be done for the Ford Park site, but the staff and the PEC did not believe additional environmental studies were needed for this site. A 7-0 vote approved this request. 3. A request for aworksession for a major CCII exterior alteration and common area variance to allow for a lobby expansion for the Lions Square Lodge located at 660 West Lionshead Place/Lot 1, Vail Lionshead lst Filing. Applicant: Lions Square Lodge, represented by Bill Pierce Planner: Jim Curnutte Jim Curnutte made a presentation per the staff inemo. He requested that the PEC members focus on Section IV (Discussion Issues) of the staff inemo. Kathy Langenwalter inquired whether the applicant was willing to go forward with a pedestrian easement along their north property line. Jim Turner, General Manager of Lions Square Lodge, stated that they would be willing to talk to the Phase I Homeowners Association about granting a public pedestrian . easement to the Town. . Jim Curnutte suggested that the applicant should add this to their application. Kathy Langenwalter stated that she would like to discuss the common area variance request first and then get into the site and architectural issues. Bill Anderson stated that he feft that an exterior alteration for this site was desirable and that he was in favor of the common area variance. All of the PEC members were in favor of the common area variance. Planning and Environmental Commission Minutes January 9, 1995 6 SENT BY:EAGLE COUNTY ; 2-16-95 ; 12:33 ; 3033287207- 3034792157;# 1/ 2 D ~ ~ FebPUaPy 16, 1995 - 11:59 % k EAVIC CUUNIY RUILDING 551 RROJLL7WAY ..x°.....': . OFFlCE OF TW 11.0. ROX SSl? EtOAftU OF CUAMISSIONERS EAGLF. Cill pNA[L A f 63 I (~o~) j~t-~6o5 rnx: (303) 310a1o7 t;.: : ~-::~Y-.•.;. - ~::-~:a..•° 'f::.`: EAGl.E COUNTY, COI.ORADQ AGENDA AR ~ NTY COMM1SS,aNERS f~~~ULAR MEETING AY FEBRUARY 21P 1995 4 a a 4 a a a o A a o 0 0 0 o a o n rr p a v a o a n a o a v o a a a o a a a 9-00 - 90:30 WORK SESSION - WEEI(LY UPDd4TE Jack Q. Lewis, Coun4y Manager 10e30 ~ ft.00 BREAK 99000 - ~2:00 WORK SESStQN - PENDaNG LBTIGATIQN James R. Fritze, counfiy Pettomey a2a00 - 1.30 L&~~CH 1:30 - 2:30 ~ORK SIESSlON - MEEYONGS ATTF-NbEb 2030 - M5 WORK SESS[ON - it0a4D AND BR9DCE fl9PDAT'E, LOIV(a NGE PLAN FOR ftOAD COIVS7'Rl9CTIOIV PR4JEC1'$ Don Fessier, Road and 8ridge 3:95 - 3.30 UQUOR UCENSE HEARING RENEWAL - JOE C. CaVVAfV dba BEAVER CREEK REST. MGMT., TERRNCE RESTAURARlT Earlene Roach, Liquor Inspector ~CTIONo Consider approvat. SENT BY:EAGLE COUNTY ; 2-16-95 ; 12:33 ; 3033287207- 3034792157;# 2/ 2 CONSENT CALENDAR ree- Df a mut4e a71d e1oD-*on1fOV0P61uil raUre en plsced on the mnaent cnlemdar lo Allow the Board of Couniy Comml4sipnors 4o spend Itb tirtS and erta?$y oe more Bmportanf 7eme an a IsoipThy elgolklA. Arry Commisaioner may requesk thql pp ppm be `REMOVED' from the cnnseM rWpndrr and oansidered sepefAlely. Ahq rarember oP the pubGe may °REQUES7° aty Gem ba'REAfIOVEO° irom lhe Consent Agende. 90 IBILL PAYING Landa Pankuch, Accvunting Mark SilverthQrn, Controller ACTBONo Approval subjeCt to revievv by the County Manager. 2. APPROVAL OF IVIIIV[lTES FROM DECENIBER 3, 1994 THRO41GH JANUARY 23, 1995 Sara Fisher, Clerk and Recorder ACTIONe Consider appraval. S. PROJECT AGREEMENT BE11NEEiV EAGLE COUN"fYo STATE OF COLpRADO AIVD UlVITED S7'ATES DEPAFtTNIENT OF AGfi1CllLi'IJREo l+Vlil'6E RIVER NATIpNAL FOREST E3rad Higgins, fdoad & 8ridge ACTIONo Consider approval. 19- LL..EASE AGREEIYIEN! BC tl YYEEIY EA471LE COUNTYe S1 /11 E OF COLORADO ANp HEAI.THY MOUN'fAIN COMnnUN1T1ES, 'N THE AMOUNT OF S206.00 (aWO HUNC1REp SeX DOLGARS) PEFt MONTH (tabled from 2l14d95) Kathleen Farinash, Health & Human Services ACT9ONo Cons6der approval. THE PIEXB MEE71PlG pF Tp{E EROLE COUNTY CQMMISSIUNERS NVlLL BE HELD OM FEBRUARY 27, 1995 OM THE RECQRD ITEMS UVILI, BE MELD IPJ THE EAQLE COUNTY ROOAA, VWRPC SESSIONS MIILL BE HfELp IN THE MOUNT OF T11E CiOLY CROS$ RpOM COYVIMISSI013ER5' CONh-ERENCE RQQM - OR OTHERIMSE NOTED. YHIS AGENDA I5 PROl11DED FOR INFORMATIOMAi. PURPOSES ONIY - ALL Y1MES ARE ApPROXtMATE. BOARd lA1MILIE IN SESSIOiV W1AY COPd31bEfZ pTHEft REMS THAT ARE BROUGHY BEFaRE IT. , INORK SESSION FOLLOIN-UP H ~OP6~ (d99EST10N5 FOLLOW-UP S0LUT90N5 1993 Current discussions presume a decision in 6 mon4hs (April '95). VA haS 10/19 SNOIN STORAGE LAND LARRYIBOB McL: Immediately pursue purchase from VA asked dump snow at this Bocat6on. Because o8 our endironr~entaO PURCHASE of current snouv storage site, as well as another 10 acres IlabilEty, ghis request was denEed. Larry, Bob, ar~~ ~om are YoIlowing adjacent to the west. up, 02/15 CHUCK ANDERSON YOUTH PANUNiERV: Contact VRD about moving up the selection Packet receivetl and included in Paul's and Jan's ma4erials, 513194. AUUARD process to allow awards to be given during May PRIOR fo Further revieuu of Youth Avuard proposal from Jan and Paul to be (request: Strauch) graduation or 4o be included with the graduation scheduled for February 28, 1995. ceremonies. 03/08 UNDERGROUNDING OF UTILITIES LARRY: Creafe a Mas4er Plan to phase the undergrounding Larry has memo in process. NiASTER PLAN ofi all above-ground u4ilities uvithin Vail. (request: Council) 04/05 SIGNS LARRY/GREG: Why are there so many signs in this town? Tom, Ken, Buck, Larry, Greg will se4 isstae for general Council discussion They represent neither a quality appearance nor are they on February 28, 1995. "user-friendly." There are 28 signs between Tom Steinberg's house and the TOV... 01/24 GIFTS/HONORARIA REPORTING TOM: Per the advisement in the most recent CML Is Included in packef for 2l21195 mee4ing. Newsletter (1120195), please provide an opinion to Council outlining their responsibility. CRS 24-6-203. 01/24 10TH MOUNTAIN DIVISION PANi: Coordinate a reception, possibly in conjunction with Pam has spoken with both Earl Clarke and Frank Romano and me& with RECEPTION Colorado Ski Museum (Lucy Babcock) for Niay 28, 1995. Lucy Babcock 2/93/95. She 9s followlrag up with the °'6oos4" hmte@ Coordinate partnerships in 4his effort w/VVF, VA, VFIN, etc. MarrEott, VA, and the !!l1F. 01/24 INFORMATION CENTERS BOB/PAM: Coordinate meeting with Colorado Ski Museum Pam and Lucy unet 2l13/95. Lucy wIII not 9o010w up InEtially with and VVTCB re: possible management of VTRC Information Erank on her own but understands 6ob and Pam are avaflable Qo Center by Colorado Ski Museum. facllitate should both parties wish fo pursue this arrangement fiurther. February 17, 1995 Page 1 of 2 02/07 "NEED LIST" FOR '99 ALL: Finalize list with departments and Council for Following the 2114195 council work sesslon dlscussion Bob and Merv CHAMPIONSHIPS presentation to State. met with VVF to revlew thelr needs for the'99 Champlonships. We are compiling a combined Ilst to discuss wlth Larry Kallenberger of Dept. of Local Affairs. This meeting wlll Ilkely be held In approximately one month. February 17, 1995 Page -2of 2 ~ . , ~ . e4 TUWN OF vA1L 75 South Frontage Road Office of Town Attorney Yail, Colorada 81657 MEMORANDUNI 303-479-21071 FAX 303-479-2157 . PR9VVQ.EC~E & COIVF9DEPVT9AL TO: Vail Town Council FROM: R. Thomas iVloorhead, Town Attorney DATE: February 17, 1995 RE: Elected Officials Requirement to Report Gifts, Honoraria, ano Cra'.uities Effective January 1, 1995 a neve state statute requires the reporting ofi a wide variety of gifts, loans, honoraria, and gratuities received by elected officials "in connection with the incumbent's or elected candidate's public service." These requirements are contained in C.R.S. 24-6-203 (attached). These requirements are in addition to the existing provisions related to campaign reporting and lobbying. On or before January the 15th of each year a report for the preceding calendar year must be filed. The report must reflect any item as described in the section which was received from any other person. The report must include: ` any money, including a loan, pledge, or advance of money or guaranty cf a loan of money, with a value of $25.00 or more; 4 any gift vuith a value of $50.00 or more; ` any loan of an item of real or personal property, other than money, if the value of - the loan is $50.00 or more (the "value of the taan" means the cost saved or avoided by the incumbent or elected candidate by not borrowing, ieasing, or purchasing comparable property from a source available to the general public"); ' any payment for a speech, appearance, or publication; ° tickets to a sporting, recreational, educational, or cultural events with a vaiue of $50.00 or more for any single event, or a series of tickets to sporting events of a specific team scheduled during a season with a total value of $100.00 ar more; ` or a series of tickets to cultural events of a specific performing company or organization with a total value of $100.00 or more; ~ i ' payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention or other meeting at which the incumbent or elected candidate is scheduled to participate, unless the payment of or reimbursement far such ex enditures is made from ublic funds, from the funds of an or anization declared to be a'oint overnmental a enc or from ±he funds of anv association of public officials or public entities whose membershir) includes the incumbent's or elected candidate's office or ovemmental entit in which such office is held. (emphasis added.) There is no direction available far interpretation of this regulation other than a plain reading of it. Attached for your. information are correspondence from the Vail Valley Foundation concerning the estimate of value of goods and/services that are received by Council members for those gifts. The first schedule will be required to be filed January 15, 1996. Prior to that time the Town u~arK will be receiving forms from the Secretary of State to distribute to you. If you have any questions or comments please feel free to contact of ine. Thanks. RTM/aw Attachments 24-6-203 :Government - State. °70 71 Colorado Sunshine Law 24-6-203 '~RTgCLE 6 ~ ' • . - - (d) Any payment for a speech, appearance, or publication; ' (e) Tickets to sporting, recreational, educational,.or cultural events with Co9orado Sunshine I;aw a value of fifty dollars or more for any single event, or a series of tickets to sporting evenis of a specific team scheduled during a season with a total PART2 PART3 value of one hundred dollars or more; or a series of tickets to cultural events PUBLICOFF'ICIAL . ~ REGULAT[ONOFLOBBYISTS of a specific performing company or organization with a total value of one , D[sCLOSURE raw ' hundred dollars or more; • 24-6-301. Definitions. ' (f) Payment of or reimbursement for actua] and necessary expenditures 24-6-203. Reporting by incumbents and elected candidates - gifts, ; PART4 fOr travel and lodging for attendance at a convention or other meeting at ' honoraria, and oiher bene- which the incumbent or elected candidate is scheduled to participate, unless fts - penalty. OPEN MEETINGS LAW _r the pay.cneni-of-or reimbursement for_such e.xpenditures is made from public 24-6-401. Declaration of policy. fUildS, from the funds of an organization declared to be a joint governmental ~ • • 24-6-402. Meetings - opentopublic. agenCy by SeCtiO? 2-3-311, C.R.S., or from the funds of any association of , ' public officials or public entities whose membership includes the incumbent's PART 2, or elected candidate's office or the governmental entity in which such office . . . . is held. ` PUBLIC OFFICIAL (4) The report required by subsection (2) of this section need not include DISCLOSURE LAW the following: , . , (a) A contribution or contribution in kind that has already been reported 24-6-203. Iltepor4nng by incumbents and eVected candidates i4'ts pursuant to section 1-45-108, C.R.S.; homorapia, an~i mYP?er beneflts - penalty, (1) As used in ihis section, the tgrms (b) Any item of perishable or nonpermanent value, including but not "appropriate officer", "candidate", and "public office" shall have the mean- limited to meals, unless such item is required to be reported under paragraph ings ascribed to them in section 1-45-103, C.R.S., of the "Campaign Reform (e) of subsection (3) of this section; Act of 1974". (c) A nonpecuniary award publicly presented by an organization in (2), Every incumbent in or candidate elected to public office who receives recognition of public service; from' any other person any item described in subsection (3) of this section (d) Payment of or reimbw-seiTient for actual and necessary expenditures in connection with the incumbenYs or elected candidate's public service shall for travel and lodging for attendance at a convention: or other meeting at file with the appropriate officer, on or before January 15 of each year, a which the incumbent or eiccted candidate is scheduleei to participate, if thc report for the preceding calendar year. Such report shall be on forms pre- payment of or reimbursement f01' SUCII expenditures is made from public scribed by the secretary of state and shall contain, at a minimum, the name funds, from the funds oFan organization declared to be a joint governmental of the person from whom the item was received and the amount or value agency by section 2-3-31 I, C.R.S., or fi-om the funds of any association of and the date of receipt. The secretary of state shall furnish such forms to public officials or public entities wllose membership includes the incumbent's municipal clerks; to county clerk and recorders, and to, incumbents and or elected candidate's office or the overnmental entit elected candidates for state offices and district offices of districts greater than g Y in wliich sucli office a county free of charge for use by incumbents and elected candidates required ~s held; to file such forms. If any incumbent in or candidate elected to public office ~e~ ~'ayment of salary from employment, including other. government does not receive any such item, he shall not be required to file such report. . employment, in addition to that earned from being a member of tl~e general (3) The report required by subsection (2) of this section shall include assembly or by reason of service in other public office. the following: (5) Any person who provides an incumbent or elected candidate with (a) Any money, including but not limited to a' loan, pledge, or advance any item required to be reported by the incumbent or elected candidate pur- of money or a guarantee of a loan of money, with a value of twenty-five suant to this section shall, at the time the item is provided, furnish the recip- dollars or more; , ient with a written statement of the dollar value of the item. (b) ,Any gift of any item of real or personal property, other than money, (6) Nothing contained in this section shall relieve any person from the with a value of fifty dollars or more; disclosure requirements of part 3 of article 6 of this title, relating to the (c) Any loan of any item of real or personal property, other than money, regulation of lobbyists. if the value of the loan is fifty dollars or more. For such purpose, the "value (7) Any person who willfully files a false or incomplete report pursuant of the loan" means the cost saved or avoided by the incumbent or elected to this section, who willfully fails to file thc report required by this section, candidate by not borrowing, leasing, or purchasing comparable prop.erty from or who willfully fails to provide the statement of value required by subsection ' a source available to the general public; (5) of this section is guilty of a misdemeanor and, upon conviction thereof, t," 24=6-301 Government - State 72 73 Colorado Sunshine Law ' 24-6-402 i sha'! be punished by a fine of not less than fifty dollars nor more than one (c) Political subdivision of the `state"< includes;.;but- is° not ~limited to, ~ thousand dollars ~ . : any county, city, city and county, town; home rule city home rule-county, ; Editor's note: This section is effective January I, 1995. home rule city and county, school district, special district, local improvement ; district, special improvement district, or service district. Source: L. 94: Entire section added, p. 1824, § 3, effective January l, 1995. a) • ( State public body" means any board, committee, commission, or i Editor's note: Section 5 of chapter. 304, Session t,aws of Colorado 1994, provides that the other advisory, policy-making, rule-making, decision-making, or formally act enacting this section applies to offenses committed on or after January I, 1995. constituted body of any state agency, state authority, or the general assembly, • the governing board of any state institution of higher education including the regents of the university of. Colorado, and any public or private entity PART 3 to which the state, or an official thereof, has delegated:a governmental deci- sion-making function but does not include, persons:on the administrative REGULATION OF LOBBYISTS , staff of the state public body. - (2) (a) All meetings of two or more members.of any~state public bod r! 24-6-301. DeGnitions. " at which an Y (1.9) (a) Disclosure statement means a written Y public business is discussed or at whieh any formal action may statement which contains: be taken are declared to be public meetings open to the public at all times. . (b) (III) A statement which the disclosing person shall sign indicating (b)' All meetings of a quorum or three or more members of any local " that the information provided is carrect and complete; but notarization of Public body, whichever is fewer, at which any public business is discussed such statement shall not be requirecl. "I'he disclosing person, in signing suc:l: or at which any formal action may be taken are declared to 6e public meet- statement, shall be subject to section I8-8-503, C.R.S., concerning false state- ings open to the public at all times. ~ ments made to a public servant. (c) Any meetings at which the adoption of any proposed policy, position, (4) "Person" means an individual, limited liability company, partnership; resolution, rule, regulation, or formal action occurs or at which a majority 1 committee, association, corporation, or any other organization or group of or quorum o f t he body is in attendance, or is expected to be in attendance, ' persons. shall be held only after full and timely notice to the public. In addition t C any other means of full and timely notice, a local publi o c body shall be deemed ~ Source: L. 89: IP(1.9)(a) amended and (1.9)(b)(1II) added, p. 1018, I, to have given full and timely notice if the notice of the meeting is posteci 2, effective March 15. L. 90: (4) amended, p. 447, § 9, effective April I S. in a designated public piace within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the PART 4 local public body's first regular meeting of each calendar Year. The ostin t~ shall include specifc agenda information where pos s i b l e. . p g . O P E N M E E T I N G S L A W (d) (I) Minutes af any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The ~ minutes of a meeting during which an executive 24-6-401. Declaration of policy. It is declared to be a matter of statewide session authas°i~-~d u~~cler concern and the policy of this state that the formation of public policy is subsection (3) of this section is held shall reflect the general wpic oi tlie a4 public business and may not be conducted in secret. discussion at the executive session. (II) Minutes of any meeting of a local public bod a Source: L. 91: Entire section amended, p. 815, § 1, effective June 1. of an Y t which the adoption . y proposed policy; position, resolution, rule, regulation or formal acUOn occurs or could occur shall be taken and promptly recorded ~ ~E Law revieivs. For article, "Home Rule and Meetings Laws", see 18 Colo. Law. l 125 , and such records P P (1989). . shall be open to public inspection. The minutes of a meeting during which Munici alities and Colorado's O en Recoras an executive session authorized under subsection (4) of this section is held shall ret?ect the general topic of the discussion at the executive session. 24-6-402. Meetings = open to public. (1) For the purposes of this section: (e) 1 ltis part 4 does not apply to any chance meeting or social gathering (a) "Local public body" means any board, committee, commission, at whicii tiiscussion of public business is not the central purpose. authority, or ather advisory, policy=making, rule-making, or formally consti- tuted bod ~f an ~ r The provisions of paragraph (c) of this subsection 2 y y political subdivision of the st?te and any publc o. private construed to apply to the day-to-day oversight of propertyorssupervision entity to which a political subdivision or an official thereof, has dele ated ` g of employees by county commissioners. Except as set forth in this " a governmental decision-making function but does not include persons on paragraph the administrative staff of the local ublic bod (fl, the provisions of this paragraph ( fl shall not be interpreted to alter any (b) "Meeting" means any kind of gathering, convened to discuss public requirements of paragraph (c) of this sutisection (2). (3) (a) The members of a state public body subject to this part 4, upon business, in person, by telephone, or by other means of communication. affirmative vote of two-thirds of the entire' membership of the body, may' b 4V : L6't.u--~~c,~,f'-~~ ~ ~ ' v ' VAILVALLEY FOUNDAI'ION Yn"i'rding leedeisirip iiv n.titlrtir, ed<<cu!umal and cu(uu'ai cudcasors 1!/ C17h(litCe QNff C7lStQIYI , !1!(' Otlll((I). 007JP !1] January 15, 1995 Town of Vail - Board of Directors 75 South Frontage Road - I'residet:t Gerald R. Ford Vail CO 81657 Kobert E. Barr::rt , Leon D. Black • Cc,roh n S. Blount Craig Nl. Cogu: I;+mes Berr; Craddocl; Dear Sponsor ~ J~~ck Crosb~ ~ , Apdrev.• p. Dal~ H. Benjamin lluke, Jr. Harty H. Frampron. Ill On behalf of the Vail Valley Foundation, Inc., I am pleased to thank you for your J°''° a"'Se` ;eor c N. Gillz[t, lr. generous contribution. With your financial support, we are able to enhance life in repi cran„na„i,rer the Vail Valley witli exciting athletic, cultural and educational events. Steve N. Habcr lk9artiia Head William J. Hybl We are dedicated to providing the Vail Valley with energy and enthusiasm, and we Llaine W. Keltor, }'e°t,l « hrav:s greatly appreciate the support and involvement from members like yourself. Your Fitzhugh Scott, Emerihts ~ nr:.cha<-1 s. sh.,;,non contribution makes reaching our goals a reality. Rodnev E. Slifer C. Pnilip Saiilr} . . R;cnat(i L.. swib To comply with new Internal Revenue, Service regulations, the fair market value of n«; r L 'r,n~ ~~~~ribert:, W«thei,,: your $7500.00 contribution dated 5/26/94, is outlined on,tha following page. Thank you again for your generosity. skr C,.rmt,rw:sn:ps Sincerely, :1F.1 11'ori:.'Fnr,tnt :5»„•nc(r sk: crass;r Vail Valley Foundation, Inc. l c;t !,:r~n,ariunat r<- ~ - - (:t-rcl,i ii. Fbrd :'„'P;'l`~;`Gw,Paul Paradi) fun`; A» `;:r Fut?"i Controller ,•u,»h;„~r,, : ; tortr;;s ;ir~d Jchu(t:iSh~ps ~ ' ~ 1 S>9.! ! 1'u r lr: :'llo:~ ta; r. Bikr c;ltunrprimsA;ps P.O. Box 309 ~ Vail, Colorado 81658 ' 303-470-1999 Fax 303-476-7320 A Colomdo 501 (c) (3) ~ Nonprofit Corporation ~ VAIL VALLEI' FOUNDATION 1994 VAIL INTERNATIONAL SUMn'IER OF D ANCE FAIR MARKET VALUE OF BENEFITS As your sponsorship with the Vail Vallev Foundation. Inc is in excess of the mimimum amount aiid partly in consideration tor goods and/or services which were provided to you, new Internal Revenue Service reguiations require the Foundation to provide you with the following good faith estimate of the value of aoods and/or services received. The fair market value(s) of the following sponsorship benefits are listed below: BENEFITS FAIR MARILET VALtiE PROVIDED nF PROVIDED BENEFITS Four Opening Night Gala Invites S 700.00 . Twelve Reserved Tickets $ 480.00 Two International ExtravaLanza Invites $ '350.00 Four Westem Pam Iiwites $ 120.00 Total Fair ~;iarket \'aluc S 1.650.00 ~ Q R = z;, ~ i L.) L 1993 a~ VAILVALLE.'Y . FOUNDA770N 71: (lfl1iPl7C. Pd!lCCIfU)1Qi , r.n.d r;dturcl eudearuis r~~ ~ r,Gavrce an,a shsrr. M ti~r rtrnL;r n{l;/e iu rne I~,~ir January 15, 1995 , Town of Vail ~ Board of Directors 75 South Frontage Road ~ r'e„d~~;:rc'tr.ilaR.?o,` . Vall, CO 81657 iZuuert E. [3ane:t L«;n D. Black Larulrr. S. Bloun, ~ Crai;; .1,L ~cs.it iaj„e: craadock Dear Sponsor, lack Crnsb~ rlndr'r~~' P. Ual~ li F;enjamin lluke. Ic . ra;-:; :l. Fr.3mp<<„.,I1 On behalf of the Vail Valley Foundation, Inc., I am pleased to thank you for your G i•urge 1,°. Gillett, Jr. generous contribution. With your financial support, we are able to enhance life in 1'(,)i c<a,,,=nammeI the Vail Valley with exciting athletic, cultural and educational events. S,cce Hzncr piarha Head WilliamJ. Hybl We are dedicated to providing the Vail Valley with energy and enthusiasm, and we r:!,ine«'. h~iton greatly appreciate the support and involvement:from members like yourself. Your `ri!znugh S)cot[. f:nnc7i11rs M;cn,~. [ ;S;,:in;,o;, contribution makes reaching our goals a reality. kodr,e, slirc: c. ':ic":°l d i.. 'Swig To comply with new Internal Revenue Service regulations, the fair market value of Usc.ir I.. ran;; N~ rberi:%. your $20000.00 contribution dated 5/26/94, is outlined on the following page. . Thank you again for your generosity. Sincerely, .,.:t F,.,;,,,: c,;:«:, Vail Valley Foundation, Inc. ~ - G - Paul Para ~ Controller ttruf s;;tr,rc~~,:,ps • . ry,e; {j~~nd.tlru~nf6'n, l'tt:~ ;rvu»~f.:rntSitijs ' P.O. Box 309 Vail, Colorado 81658 . 303-479-1999 Fax 303-476-7320 A Co(orado 501 (c) (3) Nonpsofit Corporation , . r 1 VAIL VALLEY FOL'NDATION . 1994 WORLD MOt1T aIN BIKE CHAMPIONSHIPS ` SILVER SPONSOR FAIR MARKET VALUE OF BENEFITS As your sponsorship «-ith the Vail Vallev Foundation. Inc is in excess of the miminzun amount and partly in consideration for uoods andi"or services which were provided to you, new Internal Revenue Service regulations requize the Foundation to provide you with the followina good faith estimate of the value ot uooc'ts and/or services received. The fair market value(s) of the rollowing sponsorshi.p benerits are listed below: BENEFITS FAIR MARILET VALLiE PROVIDED OF PROVIDED BENTEFITS SiYteen VIP Credential5 $2.=100.00 One Espo f3ooth $ 750.00 Sixteen Welcome Partv lm ites $560.00 Sixteen Fii7a1 Pam Im'ites S 560.00 Total Fair- \larket Valuc S4?70.00 t~ 0 R`Cr;-v,':J .__y VAILVALLEY FOUNDAI'ION . f'rvrir.r;7.,' lrr.duli~ip in. n;l;letic. eduratic„tn( aitd i~dtur'at e~uie~t~i~rs . . . 10 ! nit[l»Cf II+7l.' e 1tSfa M . thi QI,Q,'1':' fi,-?I;C 117 . . January 15, 1995 Town of Vail Board of Directors 75 South Frontage Road f•resicien± Gerald R. rord Vail CO 81657 ~ itoben ; . Ban r.tt , lxor, U. B!ack , Can,lrn S. BiounI Craig.M. Cugut I.::nr.' Brrn Craddod: Dear Sponsor i<«k cra~),, , :A:,arev. 11. Dah. N. Benjamir Uukr, Ir. xam H. Fram~~on. III On behalf of the Vail Valley Foundation, Inc., I am pleased to thank you for your j°` ° c'a"„`' George generous contribution. With your financial support, we are able to enhance life in N. Gillett, Jr. Pepi Gramsnammer the Vail Valley with exciting athletic, cultural and educational events. Steve N. Haher A1ar,ha Head ~ Wiuian, i. x,bi We are dedicated to providing the Vail Valley with energy and enthusiasm, and we I;laine 11'. helton F'e:'„''z. n',1v;; greatly appreciate the support and involvement from members like yourself. Your I'itanugh Sco[t: Er'icnn,s "li<:t,a<1 <.;f,:l;,;,o:, contribution makes reaching our goals a reality. C. i>,:i!i;7 >,m,c., a;cE,;«d L SN.,,: To comply with new Internal Revenue Service regulations, the fair market value of ucrir 1. "I`.3nc: I +.c. D", i : t~~, .,;,ei:,, your $27500.00 contribution dated 5/26/94, ~is outlined on the following page. Thank you again for Your generositY. Sincerely, i, Vail Valley Foundation, Irc. ' !w,,,.a,.,,,:,,! . ~ - - 111f~iit(Il(ltiC!' Paul Para is r"tn:d r,r rhr r'unnr Controller P.O. Bax 309 Vail, Colorado 81658 303-479-1999 Fax 303-476-7320 A Colosado 501 (c) (3) Nonprofit Corporatian . ~ ° VAIL VALLEY FOUNDATION 1994 AMEI2ICAN SKI CLASSIC - FAIR MARKET VALUE OF BENEFITS As your sponsorship with the Vail Valley Foundation. Inc is in excess of the mimimum amount and partly in consideration for goods and/or services which were provided to you, new Internal Revenue Service regulations require the Foundation to provide you with the following good faith estimate of the value of goods andior services received. The fair market value(s) of the following sponsorship benetits are listed below: BENEFITS FAIR.MARKET VALliE PROVIDED OF PROVIDED BENEFITS . Sixteen American Ski Classic Credentials $ 3.360.00 Three Ford Cup Race Spots $ 900.00 Eiizht VIP Gift*BaLj $ 1.000.00 Sixteen Welcome Party Im-ites $ 560.00 Three Ford Cup Racer Breakfasts S 45.00 Four Ford Cup Finals PaF~~.~ [nvites S 120.00 Four Sponsor Lunchs s 60.00 Four Leiiends Qanquet Invites s 300.00 T'wo EaEzle Medallions $ 3,000.00 Total Fair Market Value $ 9,345.00 TOWN OF VAIL MEMOR.ANDUM T0: Robert McLaurin • Council Members FROM: Judy Popeckflg~ I t•`._ DATE: February 17; 1995 RE: Investment Report Enclosed is the investment report with balances as of January 31, 1995. . A$1,000,000 FHLB was purchased on January 26, 1995 with a yield of 6.412% maturing on June 26, 1995 in anticipation of the capital projects monies which will be needed around that time. The estimated average yield for the debt service fund was 5.68% and 6.36% for the pooled cash fund. Currently the yield curve for 3 months, 6 months, and 1 year are 5.73$, 6.10%, and 6.37% respectively. Please call me if you have any questions. Town of Vail, Cotorado Investment Report . Summary of Accounts and Investments For the Month Ending January 31, 1995 Balances Percentage 01 /31 /95 of Total Nfloney Market Accounts (see page 1) Commercial Banks $2,745,576 18.61 % Money Market Funds $137,110 0.93% To4al $2,882,686 19.54% Commercial Savings Banks & Loans Certificates of Deposit (see page 2) Eagle County Institutions 0.00% Other Colorado Institutions $297,000 $297,000 2.01 % National Ins4itutions 0.00% Total $297,000 $297,000 2.01 % Percentage of Portfolio in Savings & Loans 0.00% . U.S. Government Securities (see page 3) ~ Treasury Notes & Bills $6,780,904 45.96% GfV11flA's $78,628 0.53% U.S. Savings Bonds $27,815 0.19% Federal Agency Discount iVotes & Bonds $4,685,588 31.76% Total $11,572,935 78.44% Total Por4folio $14,752,621 100.00% Maturing V1/ithin 12 Months $12,208,511 82.75% Maturing V1/ithin 24 Months $1,526,809 10.35% Maturing After 24 Months $1,017,301 . 6.89% $14,752,621 100.00% 2/16/95 invsmjlp ~ ~ . Money Market Accounts as of January 31, 1995 --For the Month of January-- Institution Balances Type of Accounts High Low Average 01/31/95 COMfVIERCIAL BANK ACCOUNTS First Bank of Vail - Operating Interest 5.380% 3.290% 4.660% Balance M $3,579,221 $1,060,969 $1,982,827 $2,742,964 First Bank of Vail - insurance Interest 5.380% 3.290% 4.660% Balance $1,059 Colorado National Bank Super Now Account Interest 3.000% General Operating Account Balance $1,553 Total Commercial Bank Accounts $2,745,576 MONEY MARKET FUNDS First American Corp. Trust Treasury Fund Bond Reserve Interest 4.870% Balance $50,585 First American Institutional Govt Fund - Dana Investments Interest 5.398% Balance $$0,887 Fidelity Investment Government Money Market Accounts Interest 5.170% Bond Issue Reserve Account Balance $5,638 Total Nioney Market Funds $137,110 Total all accounts $2,882,686 "°Account Subject to Arbitrage Rebate 2/16/95 invmmjlp Page 1 Certificates of Deposit as of January 31, 1995 Bank Name, Location Days to . Rates Purchase IVlaturity Maturity fVlaturity Ins Coupon Yield Date Date at Purchase Value BestBank, Thornton Colorado FDIC 4.750% 4.600% 16-Feb-93 13-Feb-95 13 $99,000 Paonia State Bank, Paonia Colorado FDIC 4.400% 4.250% 17-Aug-93 15-Feb-95 15 $99,000 Bank of Greeley, Greetey Colorado FDIC 5.000% 5.120% 16-Jun-94 16-Jun-95 136 $99,000 Avg Yield 4.657% $297,000 1 2/16/95 invcdjlp Page 2 Government Securities as of January 31, 1995 •°°Treasury Notes 8 Bills"° Days to Days Interest Rate Purchase Maturity Maturity to Book Par Type Fund Coupon Yield Date Date at Purchase Maturity Value Value TNote Pooled 4.250% 4.340°,6 17-May-93 15-May-96 1094 470 $499,411 $500,000 TNote Pooled 3.875% 5.198°,6 05-Aug-94 31-Mar-95 238 59 $1,032,874 $1,035,000 TNote Pooled 3.875°6 6.009°,6 13-Oct-94 31-Oct-95 383 273 $787,803 $800,000 TNote Pooled 6.500;6 6.553% 13-Oct-94 30-Sep-96 718 608 $499,583 $500,000 TNote Debt Service 5.605°,6 07-Ju1-94 15-Nov-95 496 288 $1,345,110 $1,350,000 TBill Pooled 6.180°,6 17-Nov-94 27-Ju1-95 252 177 $970,840 $1,000,000 TNote Pooled 6.858°,6 05-Dec-94 30-Sep-95 299 242 $981,070 $1,000,000 Zero Pooled 7.820°,6 21-Jun-91 15-Nov-95 1608 288 $664,213 $700,000 Average Yield 6.05% $6,780,904 $6,885,000 Average Days to Maturity 301 •°'GNMA'S`•' Years to Estimated Interest Rate Purchase Maturity Maturity Years to Principal Pool Coupon Yield Date Date at Purchase . Maturity Outstanding - 5803 8.000% 8.480o ,6 14Nov-86 15-Oct-05 19.10 11.00 $26,302 13003 8.000% 9.500% 240ct-86 15-Oct-06 20.20 12.00 $22,714 14659 8.000% 9.200°,6 240ct-86 15-Jan-07 21.20 13.00 $29,612 Avg Yield 9.046% $78,628 •,•U.S. Savings Bonds"' Years to Issue Maturity Maturity Years to Book Maturity Series Yield Date Date at Purchase Maturity Value Value EE 7.170% 01-Oct-86 01-Oct-96 10.00 1.67 $27,815 $30,000 °"Federal Agency Discount Notes & Bonds"° Days/Years to Interest Rate Purchase Maturity Maturity Years to Book Maturity Agency Fund Coupon Yield Date Date at Purchase Maturity Value Value - SBA Pooled - Dana 9.225% 26-May-94 25-Mar-2008 13.8 13.2 $105,707 $109,734 FHLM Pooled - Dana 8.352°,6 28-Jun-94 01-Mar-2019 24.7 24.1 $62,584 $66,355 FNMA Pooled - Dana 7.466% 28-Jun-94 01-Oct-2017 23.3 22.7 $89,387 $97,572 FNMA Pooled - Dana 8.305°,G 29-Jun-94 01-Jun-2014 19.9 19.3 $92,455 $110,531 SBA Pooled - Dana 9.725% 29-Jun-94 25-Feb-2008 13.7 13.1 $78,808 $82,749 SBA Pooled - Dana 8.975°,6 29-Jun-94 25-Jun-2019 25.0 24.4 $105,946 $108,523 SBA Pooled - Dana 9.725°,6 18-Aug-94 25-Ju1-2008 13.9 13.5 $107,721 $109,875 SBA Pooled - Dana 9.725% 29-Jun-94 25-Jan-2008 13.6 13.0 $105,216 $110,088 FNMA Pooled - Dana 7.128% 27-May-94 01-May-2020 25.9 25.3 $84,356 $100,577 SBA Pooled - Dana 9.225°,6 12-Jui-94 25-Jun-2019 25.0 24.4 $106,493 $108,744 FNMA Debt Service 6.152% 12-Dec-94 27-Feb-95 77.0 Days $278,778 $280,000 FHLB Pooled 6.808% 05-Dec-94 04Aug-95 242.0 Days $992,952 $1,000,000 FHLB Pooled 6.412°,6 26-Jan-95 26-Jun-95 151.0 Days $975,185 $1,000,000 FFC Pooled 6.150% 01-Dec-94 01-Jun-95 182.0 Days $1,000,000 $1,000,000 FHLM Pooled 4.560% 4.560°,6 03-Jun-93 03-Jun-96 3.0 1.3 $500,000 $500,000 $4,685,588 $4,784,748 Average Yield 6.71 °,6 Average Years to Maturity 13 Total $11,572,935 2/16/95 invtrjlp Page 3 , \ /d e4t TOWW OF VAIL 75 South Frontage Road Vail, Colorado 81657 303-479-21 DO FAX 303-479-2157 FOR OMMED9ATE RELEASE February 17, 1995 Contact: Suzanne Silverthorn, 479-2115 Community Information Office BU9LD9NG PERflflSTS ISSUED BV THE TOWN OF VA6L The following building permits have been issued through the Town of Vail Community Department for the period February 10 to February 17: Gregg, 1966 West Gore Creek Drive, elevator alteration, $19,000, Access.Elevator. Niarriott, 715 Lionshead, alteration, $14,000, Aviation Ind. # # # Ni95-0022 ti . , u \ /d e4 TOi~l ~F VA~L - 75 South Frontage Road Vail, Colorado 81657 303-479-2100 , FAX 303-479-2157 MEDBA ADVISORV February 15, 1995 Contact: Suzanne Silverthorn 479-2115 !lAOL TOWN COV9NC0L HBCBiLBGHTS F0R FEBRUARV 14 Work Sessaon Briefs Council members present: Johnston, Lapin, Navas, Osterfoss, Steinberg, Strauch --Discussion of Ongoing Role of Funding Partners for WTCB Umbrella Organization The Council expressed interest in meeting with current and potential funding representatives of the valley's tourism and marketing program to discuss communications; permanent funding sources; and process issues such as "fair share" representation and board participation. Several Council members voiced concerns about the possible lack of accountability to the town due to the current board structure of the Vail Valley Tourism & Convention Bureau. In response, Board Chairman Steve Dewire said the WTCB will step-up its communications and reporting processes to build credibility and confidence from the key funders (Town of Vail, Vail Associates, Beaver Creek Resort Co.). In developing a joint meeting with representatives from the Town of Vail, Town of Avon, Vail Associates, Beaver Creek Resort Co. and Eagle County, Council members suggested inviting State Rep. Jack Taylor and State Sen. Dave Wattenberg to begin discussions on enabling legislation which would allow for permanent funding through a tourism district. --PEC Report During a staff update on the Feb. 13 Planning and Environmental Commission (PEC) meeting, the Council voted to call up an application for an interior and exterior lobby addition at Lions Square Lodge. Although the PEC approved the application request, Council members said they wanted to review compatibility of the exterior remodel with the building's exis4ing architecture and with existing design guidelines. The project will be reviewed at the Feb. 21 evening meeting. For more information, contact Jim Curnutte in the Community Development Department at 479-2138. --Discussion of 250 Ordinance Before hearing from several citizens, the Council heard an overview from George Ruther, a planner in the Community Development Department, on the history and uses of the "250 ordinance." The measure, adopted in 1985, allows small additions and (more) t ~ Council Highlights/Add 1 expansions (up to 250 square feet) to residential property which is five years old or older. The Council has expressed interest in restricting the 250 rule to be used exclusively for deed-restricted employee housing. Several Council members have said the rule is being abused and is adding too much density to the town. Consideration of the proposed restriction by the Planning & Environmental Commission (PEC) earlier this week resulted in a 3-3 tie (measure failed). The Council, however, has the final authority on the matter. Since 1985, the town has granted 176 requests totaling an additional 38,252 square feet of new space, Ruther said: 11 have been granted in West Vail; 23 in .East Vail; and 142 in Mid-Vail. He said an additional 1.9 million square feet of space could be added to the town at build-out under the current 250 provision. Four residents, including former mayor Rod Slifer, urged the Council to leave the ordinance alone. Otherwise, they said, it will make it harder to live in Vail. A fifth resident, Rob LeVine of the Antler's lodge and condominiums, said the 250 provision allows owners of condominium units to make their units more viable for short term rentals. Councilman Tom Steinberg said a possible compromise might include limiting the 250 provision to dwellings built before 1980. The Council will schedule another discussion on the issue at the March 21 work session. For more information, contact George Ruther in the Community Development Department at 479-2138. --Outdoor Display of Goods in the Village and Lionshead At the suggestion of Rob LeVine, president of the Lionshead Merchants Assn., the Council agreed to consider recommendations from the merchants association on appropriateness of outdoor displays and self-regulation provisions. The Council had considered adoption of town regulations to establish a basic level of quality for outdoor displays, but agreed to give self-regulation a try first. The Council heard from six merchants at the meeting who offered support for the self-regulation method. LeVine said the Lionshead IVlerchants Association would discuss the issue at its March 2 meeting and report back to the Council at the March 7 work session. For more information, contact Lauren Waterton in the Community Development Department at 479-2138. --Draft Animal Control Ordinance The Council reviewed a draft of a new animal control ordinance which, according to Eagle County Animal Control Director Bob Slagle, "addresses responsible pet ownership." Major changes to the existing ordinance would include a town-wide leash . law (current leash law is limited to Vail Village and Lionshead only); additional protection, enforcement and penalty actions related to dangerous dogs; enforcement of horse-drawn carriage contracts; and an accelerated citation process to handle barking dog complaints. A second work session will be scheduled for March 14 on the ordinance. Discussions also will take place about the possibility of increasing dog,tag license fees. The Council intends to implement the new ordinance by spring. The tovrrn currently contracts with Eagle County for animal control services. For more information, call Bob Slagle at 949-1568 or Town Attorney Tom Moorhead at 479-2107. (more) e ' ~ O Council Highlights/Add 2 --Covered Bridge Coffee Shop Menu Box The Council voted 4-2 (Lapin and Steinberg against) to allow the Covered Bridge Coffee Shop to proceed through the planning process to allow for the location of a freestanding menu box on towrn right-of-way adjacent to the Covered Bridge Building. --Vail Recreation District Golf Course Maintenance Facility The Council agreed to allow the Vail Recreation District to proceed through the planning process to rezone the golf course maintenance facility from Natural Area Preservation District to the General Use District. The facility is located on town property. --1999 World Ski Championships "Need List" The Council began development of a list of potential projects associated with the 1999 World Alpine Ski Championships for state and federal funding assistance. Councilman Nierv Lapin said the Colorado Department of Local Affairs has asked for the Vail projects to be presented with "one voice" rather than individual requests from the town, Vail Associates.and the Vail Valley Foundation. The state, Lapin said, would then present the list to the federal government for additional support. Projects currently under. consideration for the need list include: West Vail Interchange improvements; Simba Run underpass; left-hand turn lanes off the frontage roads; performing arts center; police communication systems; permanent buses; variable message signs; security; and intelligent vehicle highway system equipment. A follow-up meeting is scheduled with the Vail Valley Foundation later this week. For more information, contact Town fVianager Bob McLaurin at 479-2105. --Eagle County iVlass Transit Transportation Summit Public Works Director Larry Grafel presented statistical information on operational costs of the Vail transit sys4em in preparation for the Feb. 15 transportation summit. Council members Peggy Ostertoss, Sybill Navas and Tom Steinberg will represent the Council at the meeting. The Vail Town Council supports creation of a regional transit authority and creation of a district-wide permanent funding source for regional transportation. --Information Update A joint meeting between the Vail Town Council and the Eagle County Commissioners has been scheduled for April 11. --Council Reports Mayor Peggy Osterfoss gave a brief overview of the Colorado Association of Ski Towns conference in Grand Junction last week. The major topics of discussion included housing, transportation and intergovernmental relations. Tom Steinberg said a producer from Scripps Howard News Productions is in town this (more) i ' ,l ' Council Highlights/Add 3 week researching possible segment topics for a news magazine pilot. Merv Lapin reported he had attended a summer air meeting at the Sonnenalp; authorized a gift for Town Clerk Holly McCutcheon (who is recuperating from surgery); suggested creation of an emergency shelter plan for stranded motorists; and wondered if other Council members were.interested in creating a Town of Vail property tax rebate as an economic incentive to keep long-time residents from having to sell their homes because of increasing property taxes. Other Council members offered support for the concept and expressed interest in discussing the possibilities in more detail. # # # TOWN OF VAIL OFFICES WILL BE OPEN MONDAY (2-20) Please note: Town of Vail offices will remain open next Monday (2-20) for President's Day. ~ Qk~ :2c) Club 20 Annual Meeting AGENDA BOARD OF DIRECTORS MEETING Grand Junction Hilton Friday, March 3, 1995 8:00 am Execuave Committee Meeang 9:00 Coffee Hour 10:00 Board of Directors Business D-feeang Noon Lunch (On Your Own) 1:30 pm Board of Directors Policy Nleedng CLUB 20 ANNUAI. MEMBERSHIP MEETING Grand Junction Hilton Saturday, 1VYarch 4, 1995 7:30 am Registration 11:30 Ed Beauvais, President, Western Pacific Airlines, Trends in die Airline Industry 8:30 Congressman Wayne Allard, Private Property Rights legislation, Chairman Subcommittee on Noon Keynote Address: Senator Hank Brown, ReElections Resource Conservation, Research & Forestry on 16 years in Congress 130 DEBATE: Cars vs Trains: 9:00 Western Slope Trails Network - A Progress Report Are We Using Transportation Funds Wisely? WilI Shafrodl, Execurive Dircctor, GO Colorado Tico Embury, Ciazens for Balanced Transoortation i~urt D-fill, Western Region Manager, Coiorado Pierre DuBois, Colorado Highway Users Division of Parks and Outdoor Recreation Conference James Robb, Colorado Parks Commission Moderator: Bill Cleary Rebecca Frank, GO Colorado Board of Directors 2:15 Update from the State Capitol (cont 10:00 Senator Ben Nighthorse Campbell on the new House Majority Leader Tim Foster Congress Rep Dan Prinster, House Transportation Committee 10:45 Report from the Colorado General Assembly: Sen Dave Wattenberg, Chairman, Business Affairs Senate President Pro Temp Tilman Bishop & Labor Rep )ack Taylor Rep Russell George 3:00 Roy Romer, Governor of Colorado, Smart Gro~vth Rep Steve Aquafresca and Western Slope Communiaes Rep Bryan Sullivant ____400 Adjourn (*Speaker.r.ruGject to cbange) ~ - - - - - - - - - - - - - - - - - I REGISTRATION FORM ~ ~ CLUB 20 ANNUAL MEETING I I ~ ~ Name: advance registration @$35/person ~ I Spouse/Guest: students with ID Q$10/person I ~ Company Name: meetings only reservation @$20/person ~ ~ Mailing Address: ~ I City/State/Zip: ~ ~ TOTALENCLOSED ~ I AT - TFIE - DOOR REGISTRATION WILL BE $45JPERSON ~ I Mail reservations with checks payable to: Club 20, P.O. Box 550, Grand Junction, CO 81502 I ' Phone reservations accepted with VISA/Mastercard only. No Refunds I For additional information call 242-3264 L _ _ _ _ --------------J s i e BA 03AB3038 m p~I n-D ~T.~ a~i .~Umoy I 4S l 'oN liw~ad ~9C~~i-7+~z-~i0~i 03':I3rvuB,!D 0550-Z0518 00 `uoilounr pu~IE) aidd esLIsod 055 xo8 'O'd 'sn 31va xine pZ qnlo 42nd ANNUAL MEETING , The annual meeting of CLUB 20 is scheduled for the Several State Legislators will also speak at the first Weekend in March, and promises another line-up of conference, mentioning their own legislative priorities and interesting and informative speakers. projects for the current session. Senate President Pro Temp Tilman Bishop and Representative Ja.ck Taylor, and ~ The 8oard of Directors meets all day Friday, March 3, Representative Russell George vrill speak in the morning at the Grand Junction Hilton to determine Western Slope session. House Maiority Leader Tim Foster, Senator Dave policy on a wide range of issues: preserving open space, Wattenberg, and Representative Dan Prinster have been public lands managements, Endangered Species Act amendments, invited for the afkernoon session. airports, highways, telecommunications and uiore. The Board Air service is on the minds o; nearly all Western Slope meeting, as afways, is open to the public and any members cho wish to attend. resider.ts these days, and one of the West's top experts is schedufed to speak on the matter. Ed Eeauvais was the On Saturday, also at the Hitton, Congressoan Wayne founder of America West Airlines, and is nor president c•f Western Pacific Airlines. The latter company plans to link Allard kicks off the day at 8:30 With an explanation of his much of the Western United States to Colotado Springs, using intentions as the new chairman of the House Subcommittee 737 jets. He will ezplain how he sees that project vith jurisdiction over the U.S. Eores[ Service. Allard has affecting the Western Slope. already begun holding oversight hearings, and will outline the direction he is headed. Nezt a panel of speakers will Using the popular CLUB 20 debate format; a discussion highlight the Western 51ope Trails Network pfanning process, a program to build the 'missing links' to unify existing of the future us of highway dollars will feature one of Colorado's leading rail/transit advocates, Tico Embury of recreational trails throughout the region. The panel will Citizens for Balanced Transportation, and one of the top include Will Shafroth, Executive Director o~ the Great tivists for better highway funding, Pierre Dubois, Outdoors Colorado Commission, which has funded the project. ac Also Board member Rebecca Frank, and State f'arks Board representing the Cnlorado HighWay Users Conference.. Our own transportation expert, Bill Cleary, will moderate, and {:he ~ member Jim Robb have been asked to share thEair thoughts l will include several key West Siope transportation about the impottance of this project to Western Cotorado. Pane , figures. Colorado's Senior U.S. Senator, Hank Brown, recently Finaily, Colorado Governor Roy Romer will address the announced that he is leaving the Senate at t•he end of his current term 119961. After 16 years in Congress and several convention on the subject of 'smart gtowth',as he sees it in Western Colorado, Growth is clearly one of the top issues more in the State Legislature, Brown will share his thoughts on in the State, arid Romer will explain Why he decided to take the political process, and on Western Slope issues. such an active leadership role, and What he thinks will come Senator Ben Nighthorse Campbell will also address of it. As always, the meeting promises to be Gell attended and well coverecl by the press. We strongly encourage attendees on how he views the new Congress. Campbell is the sponsor of several bills high on CCUB 20's agenda, including members to pre-register to reserve their seat at the table the rangeland reform compromise bill and thia Black Car~/on ` now. National Park bill. He will offer insights into hoa the nev r.,..,,-« ,.:ii ~oloto +n cur.h issues. ToWN oF vAiL Input/Inquiry Response Record The attached comments were recently received by the Town of Vail. We encourage Vail residents and guests to glive us such input and we strive for timely xesponses. PLEASE ADDRESS THESE CONCERNS WTTHIN FIVE WORIQNG DAYS AND RETURN THIS COMPLETED FORM TO PAM BRAIVDNIEYER. DEPARTIvIENT TO HANDLE INQUIlZY INDIVIDUAL TO HANDLE INQUIlZY ~ ~11C a:c+-(.u.> DATE TOV RECENID IlVPUT/INQUIlZY d• c~--0 • k3 TYPE OF INPUT/INOUIRY: 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 ANSWER TO IIVOTJIRY: DATE OF RESPONSE FORIvT RETURNEp gy DEPARTMENT T'O PAM BRAluDMEYER; A copy of this inquiry and form wi11 remain on file at the TOV Communily Relations of6ce. As soon as this form is retumed to Pam - Brandmeyer, this inquiry wi11 be cortsidered dosed. THANK YOU FOR YOUR'IIMELy HAiNp(„IlVG OFTf-IIS LSSIJE ff YOU HAVE ANY QUFSI'IONS, PLEASE FEEL FREE TO CONTACI' PAM BRANDMEYER AT 479-2113. February 13, 1994 Mr. BOb McLaurin TOwn of VaiZ vear Mr. McLaurin: First, I would like tv'take thie oppartuaity to applaud the Eaqlp Cpt3nty Mas& Tr3rlspvrtatiora Committee ofl ita' progress toward ar.d dedicatian t0 3 coupty vaide integrated transpartation systesa. SecanCilp, I would like to intrvduce rnyself as a rcpresentative cf the Eagle valley Cycling Caa3.ltfaa• As you may ]cnow, are ara a loCal organization dedicated t0 the cornpletion af Lhe recreatianal poth thr4ugh Dowd JunGtioa and on to Glenwood Gamyon• I arn awar8 that you axe nDt d3scuasing the recreationai patL aLl the Eagle County Transportation Bummit, howevex, I would ].ixe to take the opportunity to apprise you of our groups efforts and wi111ngnsas to woric with you toward a cammon goal. After muCh research, we are certain that triere ia community wide suppart for the campletion of the reczeational path. We h8ve a180 explored many ways that the prajact could be funded. It apgears that the most faasible would be the sales tax increase af 0.50$ w3th 0.25% going ta the Maes Transportation System and the resaaining 0.25% qoing to the recreational path. With yaur support, we are mare than wiiling to do as much of the faatwark as U~OeBibIBp including but nat limxted to campaiqning, petition drives, community awarenees, etc. I feel t2hat bv working tdeethar, oar Broup& can achieve our qaals. I look fozward ta heariag trom you ragarding this letter. Pieaee feel free t4 cantact nse at 303-476-1778 or Sill Karig at 476-6416. In a.ddition, we wou1L9 li1ce to be infnrmpd nf future meetinqs rggardinQ the Mass Tranapottati.ort By+atem go that urQ may attend. Tharik you f ve your t ime. 53nceraly, LE tJALLEY CYCLING COAL~2'ION ul M. Gotthelf 's Developmelm ~ : ...Y..FU..,, ....e ....v . 3a...vu. a .Vr.., .,.~s... . ...1, ,-.tl....w. . . . Ja..... . VERVIEW OF February 15, 1995 ~ ~ 013 More than 1,000 concerned Col- Dear Fellow Coloradan: oradans attended the Colorado Lead- As citizens of Colorado, we have a unique opportunity. I believe ership Summit on Growth and we are in a position to make Colorado an extraordinary place-a Development held at the Colorado place of great beaury, the besr place to live, work and raise a child. Convention Center in Denver on The decisions we make today about our communities, our open Januar}' 25 & 26. Attendees included space and our natural resources will affect the quality of life our chil- local and state elected and appointed dren and grandchildren enjoy in the fitture. officials, environmentalists, develop- It is imponant that we work together to plan for the future. We ers, planners and business and indus- took a major step in January at the Colotado Leadership Summit.on try representatives, who all sat down Smart Growth and Development. State and communiry leaders gath- together to listen to presentations ered co discuss issues about growth and development and how to and discuss their own ideas about involve,citizens in planning Colorado's future. But, this was only a• growth and development in the state. first step. Governor Romer opened the Our challenge now is to develop a collective vision of what we summit by oudining a new growth want Colorado to be. Not every.part of the state has the same vievv of ethic, providing a set of starting prin- growth. Some areas want to grow faster, some want to grow slower. ciples, proposing a cooperative We need to work together to honor local visions and priorities. process to address the issues and Throughout March and April there will be .10 regional meetings highlighting some major themes. hosted by local conveners where citizens and elected officials will Summit participants also received come together to begin developing plans for their comcnunities and results of a statewide public opinion regions. I encourage you to panicipate in your regional meeting: poll and heard a discussion on possi- Together we have an opportuniry to develop a new growth, ethic ble tools and straregies rhat could be to assure present and future Colorado residents an outstanding qual- used in addressing growth. ity of life. This ethic must place responsibiliry for smart growth and Participants then heard presenta- development within each communiry, but also recognize the need for tions from several panels: 1) a state each community to work together to realize a larger vision for their officials panel discussed how the state region and the state. • is addressing growth and develop- It's important that you participate in your regional meeting, and ment issues; 2) a local government I look forward to seeing you there, officials panel reviewed the approaches several Colorado commu- Sincerely, nities are using to successfiilly address growth, and, 3) a panel of out-of- state officials outlined how their ~ states and communities are handling . Roy Romer the issues of growth. Governor The real work of the summit occurred in a series of bteak-out ses- sions where participants commented SMART GROWTH ACTIOlV CEIVTER (303)866-2817 or 1-(800)899-GROW(4769) - continued on page 4 R`GtONAL MEETINGV e.¦ Please attend the meeting in your region. Governor Romer will attend a portion of each meeting. ti. AREA 1 AREA 7 Location: La Junta, Otero Junior College Student Center Location: Alamosa, Adams State College, Carson Aud. Address: 1802 Colorado Address: 208 Edgemont Boulevard Date: Wednesday, April 5 Date: Wednesday, April 12 Time: 10 A.M. to 4 P.M. Time: 9 A.M.-2:30 P.M. Councies: Baca, Bent, Crowley, Huerfano, Kiowa, Las Counties: Alamosa, Conejos, Costilla, Mineral, Rio Animas, Otero & Prowers Grande & Saguache AREA 2 AREA 8 Location: Yuma & Limon (two meetings) Location: Durango, Fon Lewis College Student Center Date: Wednesday, March 15 (Senate Room) Time: Yuma; 7:30 A.tvt.-noon, Communiry Center Address: 1001 Rim Drive Address: 421 E. Second Avenue Date: Thursday, Apri120 Time: Limon; 11 A.M.-S P.M., Fireside junction Rest. Time: 10 A.M.-4 P.M. Address:. 888 W. Highway 24 Counties: Archuleta, Dolores, La Plata, Montezuma & Counties: Cheyenne, Elbert, Kit Carson, Lincoln, Logan, San Juan Morgan, Phillips, Sedgwick, Washington & AREA 9 Yuma Location: Montrose, Montrose Pavilion AREA 3 Address: 1800 Pavilion Road Location: Greeley; University of Northern Colorado Date: Wednesday, April 19 Milne Auditorium (Kepner Building) Time: lO A.M.-4 P.M. Address: Eighth Avenue & 17th Street Counties: Delta, Gunnison, Hinsdale, Ouray, Mesa, & Date: Thuisday, Apri16 Montrose ' Time: 1 P.M.-S P.M. . AREA 10 . Counties: Larimer & Weld Location: Vail, Matriott Hotel & Convention Center AREA 4 Address: 715 W. Lionshead Circle Location: Denver, University of Denver College oF Law Date: Wednesday, Apri126 Lowell Thomas Building . Time: 9 A.tvt.-S P.M. Address: 1900 Olive Counties: Clear Creek, Eagle, Garfield, Gilpin, Grand, Date: Saturday, April 29 Jackson,. Lake, Moffat, Park, Pitkin, Rio Time: 8:30 A.M.-5 P.M. Blanco, Routt & Summit Counties: Adams, Arapahoe, Boulder, Denver, Dougias & Jefferson AxFA 5 Location: Colorado Springs, Pikes Peak Communiry • < t . - ~ College (north campus) ~ , Address: 7222 Commerce Center Drive ~~~AKERSIS = Date: Thursday, March 23 . ' If yvu are mrer Time: TBA (late afternoon/early evening~ este+d in havtng . Coun ties: E l Paso & Te l ler a s e r t a ; d i s- AREA 6 cuss growrh ariti ; Location: Pueblo, Pueblo Community College, de~'elo ment issues hefore ° Hoag Theater - your "commu Address: 900 W. Orman Date: Wednesday, March 22 Time: 9 A.M.-S P.M. please ca11 the Counties: Chaffee, Custer, Fremont & Pueblo action cent~.r.;(3U3)866-2~17 or,l-($00)$9~-4769 ARW ~~~NK 000 An opinion poll on growth issues was conduaed prior eo the ~ summit. Listed below are some of the questions asked citi- zens and their responses. Survey results are based on 2,223 random telephone interviews with adult Colorado residents Q~~~~~ ~~~M IrNE conduaed between January 7 and 21, 1995. Margin of error SUMMIT 000 a5 . , m~' is plus or minus three percent. El In general, what do you consider to be the one most imponant issue facing Colorado today? "Our commitment must be Grovvth, too much/too fast . 34 percent Crime/drugs/alcohol . . . . . . . . . . . . . . . . . 16 percent mude today and transferred O How would you rate the quality of life in Colorado? into action tomorrow. " Good . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 percent -Rita Avalos, Excellent . . . . . . . . . . . . . . . . . . . . . . . . . . 36 percent Pueblo, Colorado F.conomic El In the past few years, have things gone generally in the right direction or Development Advisory Boatd have chey gotten on the wrong uack in Colorado? Right direction . . . . . . . . . . . . . . . . . . . . . 62 percent Wrong track . . . . . . . . . . . . . . . 29 percent "This is not a state eOt't t0 11 During the last two or three years, has clie qualiry of life in Colorado gener- talze over Iocdl planntng. Tdits ally improved, stayed the same or gotten worse? tS aYl effort to encourage local Gotten worse . . . . . . . . . . . . . . . . . . . . . . 38 percent planning. " Stayed the same . . . . . . . . . . . . . . . . . . . . . 38 percent Improved . . . . . . . . . . . . . . . . . . . . . . . . . . 23 percent -Roy Romer ? In what way has growch negatively affeaed you or others in your house- hold? Too much craffic . . : . : . . . . . . . . . . . . . . . 49 percent "Regardless of where we stand Increased housing costs . . . . o . . . . . . . . . . 17 percent on growth, we "all love where Overcrowded schools . . . . . . . . . . . . . . . . . 15 percent Increased pollution . . . . . . . . . . . . . . . . . . 15 percenc we live. " Increase in crime . . . . . . . . . . . . . . . . . . . . 12 percent Jim Gelwicks., ? In what way has growrth positively aflFected you or others in your mayor of Gunnison, CA/[L household? president Better business/opponunities . . . . . . . . . . 30 percenc More jobs . . . . . . . . . . . . . . . . . . . . . . . . . 24 percent "e must think in terms Source: Talmey-Drake Research & Strategy Inc. greater. tllaYl our loCal polttt- The state was divided into 10 regions for polling and regional meeting pur= CQ'l bOZtridUrteS tYl QddreSStYig poses (approximately 200 individuals from each region were polled). Compleee these issues. " statewide and regional poll results will be available at all regional meetings. -Marsha Osborn, . , Summie County commis- sioner, vice presidene, CCI 5 q . . - . a ~ . 1: - . ' . 3 . . r , t e . . . ' . . . . : , Informaaon about the sumaniti and.grownh issues.is av~ilable-on e~ie : Ineernet at, ihe followmg address- . . ; hitbJ~wWw.colotado.edu/SmartGrowdvfrontpa0e.htm::"~'"~ s ; . ^a . . . . . . . . . . . . . . . ~ . , x_. y . • . . . mverview continued from page 1 ties around the state and country that The summary should be a helpful have already begun to address growth tool for developing local, regional on the Governor's list of guiding challenges. Others were the product and statewide visions ar.d contains principles and identified the issues, of in-depth discussions between par- many hints for taking the ne_•:t steps obstacles, gaps and strategies on deal- ticipants. The report contains many toward a new growth ethic for Col- ing with growth and development. suggestions for tackling the problems orado. The groups also worked on setting up of growth and development at the The summit was the beginning. statewide regional meetings to con- local and regional level. It also The future includes regional meet- tinue the work started at the summit includes a statement of the guiding ings, where you can help develop that would include all citizens who Principles proposed by the Governor plans that will guide each region of want to help plan for growth in their and revisions by summit participants. Colorado into the next century. communities. Summit participants also had A summary outlining the results suggestions on the following topics: of the summit break-out sessions will be mailed to all summit participants. a Better managing of open space It also is available upon request by and other natural resources; - calling the Smart Growth Hotline: 1= ~ Better planning of infrastructure; A vtdeo highiighting the (303)866-2817, or 1-(800)899-4769. ~ Enhancing and preserving a high summit'is available on loan A full range of ideas-from the qualiry of life in rural and agricul- ..for ou showin or for proven to the more tural areas as well as urban cen- ~ p - ' individual purchase,at a nom innovative-are ters, and inal fee by calling theactiari'' included in the ~ Meeting funding challenges and center (303)SGG 2$17 or summary.. Some reflect the experi- getting communities more 1=(840)899-4769 involved. ence of communi- prinud on ~ rcryckd paper . SMART GROWTH AND DEVELOPMENT ACTION CENTER De artment of Local Affairs FIRST CLASS P US POSTAGE Centennial Building, Room 521 PAID 1313 Sherman Street - DENVER, co Denver, CO 80203 PERMIT #738 280000500 X c : N.J'4 vai Theyrn-ncraoi '~=yay Gstarf ~I~~ E; y c r ?5 Fi~oT': taQe t=? a W V a i i, C0 6 ir=. j~ N SCIENCE & SOCIETY i; ~ . t~ ~ eath of C s D . . e. -ommon. ense BY1`PHILIP 'K. HOWARD" . N THE WINTER OF 1988, nuns of NTother Teresa's Missionaries of Charity wQre walking through the snow in the South Bronx in their saris and sandals to Iook for an abandoned building that they might convert into a homeless shelter. ; They came to two fire-gutted buildings on 148th Street and, finding a Madon- na amid the rubble, thought that perhaps Providence itself had ordained the mission. Nerv York City of- ronment ancl deciding whether to fered the abandoned buildings at give Mothcr Teresa a building $1 each, and the Missionaries of permit. And=wlraF i~tireguic•cd-of- Charity set aside $500,000 for the fends 65ininonF sense La,w de- reconstruction. Tl~e only thing un- signed to 'rriake ~meriWs"liues usual about the plan was that the safet anii-`fa~ren'~ias i6w:6'ccome nuns; in addition to tl2eir vow of +an=enemy.:Of fh7-peoplc. poverty, avoid the routine use of °C"rovernm'ent'a~ts:tike~somc-ex modern conveniences, and there - ' " ' ~t traterres[rial.' 'ower na ~.an insti= P . , woutd be no washing machines or t~tUon~.thahexists- to?serye-tts. The other appliances. For New York 'bureaucracy almost ncvei - deals City, the proposed homeless facil- with real-life problems in a way ; ity wouid literally be a godsend. that ref[ccts an understanding of Although the city owned the ib~itqa3ion ~'eTseecn~ta,'~have ~ buildin s no official had the a~?- g ~ <~p ar'~?ev~d Ehewocst of'both'NOrlcis: thorit to transfer them exce t Y p a-=~ystenlf~'re~u.txtionsthat~ gs itl through an extensive bureaucratic toa far wfiife.tt atsa cIUCS_t~ci.ltt'lte: process. For 18 months, the nnns Tijis paradox is explained by were directed from hearin room t' ~ the absence of the one indispens- to hearing room discussing the R, ! able ingreclient of any successful ; project wrih bureaucrats. In Sep- human encJeavor: the usc of i tember 1989, the city finally ap- -,juci ent. -In tfie:._c~idesnjtyee i proved the plan, and the Mission- ~~on_ } aries of Charity began repairing MQ g yER TERF$A' $TRAVA 1L atr v8ubaxpry T1tt'd_ R4s ' aLe. ! . the fire damage. ~ Iaw` f~~at Uas~c~. ~Fl ~s.~oia19 ; Providence, however, was no She wanted to build a homeless sheiter in an rr,a~Z'rT'~e; Mocielawin`an ef= ` match for law. New York's build- abandoned South Bronx building. New York City fort to be "sclf-executiiig," has ing code, they were told aFter al- , shut out our hiimanity. most two years, required an ele- insis4ed the buildinghave an unnecessa4y$100,000 The motives tb niake the law vator. The Missionaries of ~ tliis way had looic. Speci€ic leaal Charity explained that because elevafoe. Hee nuns gave up; they said the moneywas mandates would keep govern- of their betiefs they would never better spettt on soap and sandwiches for the poor. nlent in check and provide crisp use the elevator, which also guidelines for citizens. Layers would add upward of 1 0 000 to of "proccss"-procc- the cost. The"i~`~fS~~t~o~d'~e~coirtd=not"Ww6vea dural deliberations--wouid make sure decisions ~ were responsible. tIanding out "i•ights" would cure T~ Mother Teresa gave up. Her representative said: "1'he Sis- injustice. But it doesn't work. ~r=an ac~iv1ryran't p t,+ T ters felt they could use the mane mueh more usefuli for sou be ie lated~w ithout~'Lctd t~b ~ uma~tS'~'~d'ust; o Y Y P 8"~~. _ _..:g~Y.:~?_.__~_ and sandwiches." In a polite, regretful letter to the city, the ing forcircumstance.T-an,~Eac~nvespon~ o 41 ~j o n Missionaries of Charity noted that the episode served to The public s fury with governmeni was &mon- - educate us about the law and its many complexities." strated in the November election, and the i2epubli- s L Nb k No person decided to spite Mother Teresa. Ik was the law of caos who won power now promise to get govern- ~ government, which controls almost every activity of common ment off*our backs. This rhetoric nevcr turns to., interest-fixin8 Potholes> running schools, regulating daY-care realitY, tho;ugh, because the Public does rtotwant to .,ptip centers, contTOlling workplace behavior, cteaning up the envi- cut government essential services. The public is ~ U.S.NEW53cWORLDREPORT,JAN(JARy30,1995 {Rp1ATNhp01(MFOFAiNOFGVMhipN$ENSEINWUtvr85N"FOUIiN4`MfFRrU,BYPHIUPMUNARD,PU0L1511C06YWNDOM 57 MWSE ON /AV. 36. ]935, WrtH PEP.Mt551CN GflAMfD 6Y'NriiE.AttNEY 3 5 iONE INC. CG7rPIGM~ 7990 py v~ Iit1o IIqVl4PD. ~.nrrnr..nr...rm.rv,ii„-.n.nnneo..enr-e.rturimnrkwvn ' ~t . . . ~ • ~ 1 . . i . ' . ¦ SCflENCE & SOCIETY ' . ational Safe Administration maJ at Icotiv government works- its perpetual ilicptitude and ~e~~ i W~~elpne d d moretp otact~on ealthrom hazardous chean - staggcring waste-not mainty wliat government aims to do I Moreover, tlie GOY's Contcact With America Qroposcs to ca1s. Bureaucrats decided that everything that could eonceiv- 4 take only small steps i? the direction of real refarni. One ablv have a toxic effect should be shipped with a Material proposal wuuld impose a moratorium on many pending regu- Safety Data Sheet describing the possible harmful effects of Iations-an iclea equivalent to cutting off your ]eg to lose each i In 1991 ~SHA turned its attent on to bricks. Br000 ~ weiglit. Another itepublican theme is to returil goveriiinent prodLicts. , funclions to states, wltirEi could be a real benefit in certain can fall on people, of course, but they had never been consid- , sent aceas like weifare but disastro j nores the fct that state Ooisonous. a bricknmaOkerHfor fagi ional ng oosapply anilMSDS form j protection. 1'he federatism ciea ig governments are typically as ineffective and 4vasteful as the witti each pallet of bricks. If a brick is sawed, OSHA reasoned, I federa4 goverjiiilerit.To liberate Americans from red tape, real it can release small amounts of the mineral silica. The fact that refoi-m must be aimed at simplifying jiovv governmeTit works. tllis doesn't happen much at construction sites was of no l;ndiiig oursuffocattiig legal system shoaid be reforniecs' goal. consequence. l3rick makers tho ag~ta~~g ~°ey fea ed a spa e of j lawsuits. They began sending i aAi~ REP~Cff$ HU~Na~ the fozm so that workers would ; The tension i~elween legal cer• , know how fo identi~y a brick (a ' taintyandlife'scomplexitieswas "hatd ceramic body with no ; a primary concern of those who odor") atad giving ts ~oiling Uuilt our legal systern.l'he Con- point ("above 3,500 Fahren- st+tution is a model of flexible heit). In 1944, after three years ' ]aw that can evolve with chang- ' of litigation, the poison designa- ing timcs and unforeseen cir- iion was removed by OSHA. cumstances. Today, we no long- The groliferation of rules may not produce the benefits er remember that wards can iitipose rigidity as welt as offer R' - ~ Q' rlarity. Law had an identity crisis of certainty afid fairness, but it creates endless oppartunities ~vllcn Oliver Weiide![ f3olmes for smart lawyers seeking an- Jr., tlien a law professor, sug- 4 gles and advantages. Law, sup- ~~ested in 1831 that laNv was noE posedly the backdrop for socr certain afterallUut depcudcdon ety, has been transform od into }iow the judge and jury saw the onc of its main enterpr~ses. For facts. 'f'liis stiniulated a~vide some billionaires, cable-TV rangc of re•form movements, es- companies, congres~snken and pecialty to codify the common litigators, close scrutiny and law into stakuies, Yrogressives at rianipulation of the rules are a the turn of the ceixtury, New ~ means to an end. The words of. llcplers iu the 1930s and Great ; law ~give them Iower taxes, a Society reformers in the 1960s to circumvent price con- expaiided the role of govel~n- WR 0NG P 01. LU T! 0N; S 0! D T 141~ tr wajo s, a secret means of piaying nicnt in huge ways. Anotlier form of lawmaking A rigid federal taw required a Virginia company to favorites azid a toai to grmd the other side into the ground. also took hold in the '60s 131at Spend $31 miltion to prevent a smail amoun3 of Thz ~est of us fecl like law's focused not on government's ictims. We divert our energies rule but an its techniqucs. I,ega1 benzene frortt escaping a srnokestacQc. The company v into defensive measures to avoid details proliferated. The Federal conldn't spend the money fo ctean up fons of harrtiful trippiiag over the rules. Knowing Regis[er, a report of new and for cerlain that full compliance proposcd regulations, incceased q~enaene emissions that came from ~ a eeaeby Source. is imposs~ble, and tliat the gov- frum I5,000 pagcs ii~ the final errfinent s reaction may be year of Jahn Kenncdy's presi- ciency to over 70,000 pages 3ti the last year of Gcorge Bush's. wholly out of proport'ron, law tfas fostered wbat Prof. Joe1 Precision became the gaal. 'I`he idcal of Iawmaking was to Handler has described as a"culture of resistance" where anticipate every situation, every exception and codify it. With everyone is a potential adversary. obligations set forth precisely, according to this rationale, Law that Ieaves no room for judgmeat loses its originat goal, everyone would know wher.e he s.toad. But the drive for cer- Safety inspectors wander around without even thinkmg about tainty has destroyed, not enhanced, faw's ability to act as a safety. The YMCA of New York City, one of the last providers guide. "Kegulation has become so elaborate and technical that of low-cost, transient housing, gets regular citations €or code it is bcyond the undeestanding of all but a handful of manda- violations like nonaligning windows and close.t doors that do rins," argued fornier Stanford Law Dean Bayless Manning. No not close tightly. Does the city think that those clean, inexpen- tilx auditur, no building code examiner can possibly know aEl sive rooms are somehow unwortliy of a city that itself provides ~ the rules in thick governmcnt volumes. What good is a legal cots 18 inches apart for those who have ao place to sieep?A city j system that cannot be known? inspector recentSy told the YMCA, after it had virtuaUy com- Instead of making law a neutral guidepost protecting against pleted a renovation, that the fire code had changed and a ~ unfairness and abuse, this accretion of law has given bureau- different kind of fize-alarm system, costing an additional j crats almost limitless arbitrary power. A few years ~go, the $200,000, would have to be installed. "Don't thcy realize that II 53 . • US.NEWS & WORLD REYORT, JAMiARY 30. 199S ` i, . ~ - i 'i ~ ~ the $200,000 can provide yearlong prograins for a hundred He put it out for competitive bids. 7'wu weeks later, be[urc the ' kids?" asked Faula Gavin, the YMCA's presiiJent. In our bidding process had even began, the ceiling collapsed. ~ obsessive effort to perfect a government of laws, not of inen, I3ureaucrats don't even seem capahle of luoking in tl?c right we have invented a government of Iaws against men. direction: How things are done I}as become far more impor- ' • tant than what is dane. The process has become an end in 4~E NEVEBt-ENBDING PROCESS itself. A weakness of human nature that prompts many to In 2962, Rachel Carson shocked the nation by exposing the avoid responsibility has become institutionalized in layers of effects of DD'T and otlier pesticides in her book Srlent Spring forms and meetings. As a result, governinent accomplishes There was atso another sfde to the issue: Pesticides give us virtual{y nothinb of what it sets out to do. It can barely firc an apples without worms and the most productive farms in the employee wlio doesn't show up for work. . ~ world. In 1972, Congress required the newly created Environ- The actuat goals of government are treated like a distlnt mental Protection Agency to review.all pesticides (about 600 vision, displaced by an atmost religious preoccupation with chemical compounds at that time) and decide which sliould be procedural conforinity. Public servants who dare take the ~ removed from the market. The deadline was three years. More inztiative can be smot}iered. In the late 19$0s, Michacl . ttian 20 years have passed, and McGuire, a senior research sci- yet only 30 pcsticides have been entist at the University of Ca1i- judged. Hundreds of others, in- fornia at Los AngeEes, fotind cluding some on whicti there are himseif in trouble. I lis lab is i. ~ data suggesting significant risk, fiindcd by the Veterans Aclmin- ; ; continue to Ue marketed. "At • , 1^.'~; y'~ istration. Its lawn also needs to ' this rate," said Jim Aidala, a be cut. When the lawn mower ; onetime congressional pesticidc • broke, McGuire decided to buy : expert, "the review of existing ~ anather one. Darin, a subse- , pesticides will be completed in quent rontine audit, the fcderal the year 15000 A.D." ~ auditor asked why the 3awn : Making dccisions, it almost mowcr was different. McGuire scems too obvious to say, is nec- told the truth: Fle had thrown. ~ essary to do anytliing. Every dc- out a brokcn federal iawn mow- cision involves a choice and cr (after saving usable spare i the likelihood that somebody parts). That prompted an inves- will lose something; othcrwise, tigation resulting in several I thcre would be no need to de- 3,~; mcetings with high-levcl Federaf ' cide. This is tlle issue that officials.Aftermontiis tlieyren- ~ paralyzes govcrnment decision dered their findings:'T'(iey could a{' making. "The problemwith gov- find no malice, but they deter- ernment," argues economist mined McGuire to bc ignorant ; Charles Schvltze of the Brook- of the proper procedures. l-Ie re- ings Institution, "is that it can't , ceived an official reprimand and ever be seen to do liarm." Bu- was admonished to study VA reaucrats find it nearly impossi- A LAW N MO W E RFEL ONY procedure, which he noted was , ble to say yes. Yet the act of not ' "about the size of an encyclope- choosing is not bcnign; We may ACalifornia Eab director was Peprimanded by the dia." One othcr fact: McGuire eat something bad because the ~ Neterans AdminisYration for bought tlic !ab's lawm mower LPA never made a decision. . spending his oaan maney W~~~i his own money. $ Sometinies government can- Qo buy a la+an mower to Peplace one that had broken. Orthodoxy, not practicality, is not act even in the face of immi- the foundation of process. Its nent pcriL In the early-morning VA audifors found rto evidence of malice btrt insisted credo is for complete fairness; r, hozirs of April 13, 1992, iii the he bone up on proper VA prncurement procedures. its demons are corruptiou and heart of Chicago's downtown • ~ favoritism. I3ut concepts ]ike Loop, the Chicago Rivcr broke , equaiity and uniformity have no through the masonry of an old 3'ailroad tunriel built in the last logical stoppinb point; no place where ihey say, "'I'he Chicago century. Several hundred million gallons of water from the comniissioner shouidn't worry about bidding procedures with river were diverted into the basements of downtown office the river only a few feet above the leak." No one risks drawing buildings,knockingoutboilers,short-circuitingcountlesseiec- the iine. Any poteniial complaint is answcred with one more tricswitches, ruiningcomputers and turning files intowet pulp. "review" ar "fact finding" -procedure. ' Total losses wet•e over $1 billion. Several weeks before the One destructive message of this is that bureaucrats cai2't be accident, the leak in the tunnel had conie to the attention of trusted to exercise their judgment. And thc cost of this mistrust John I.,aPlante, tlten Chicago's transportation commissioner, a is almost inconceivable. The papenvork it generates in the public servantivith 30years of exemplary service.Heknewthat nacne of 'oversigfiY' aild "accountability" often costs more ~ the river was immediately overhead and that a break co«Id be than the p'roduct it purcliascs. Ttie llefense Depxriment an- disastrous. He ordered his engineers to shore up the ceiling,As - nounced last year that it spent more on procedures for travel aprvdenY administrator, he also asked how much it would cost. reimbursement ($2.2 billion) ihan on travcl ($2 Uillion). . The iczitial guess was about $10,000. His subordinates then Setting priorities is difficult in modern government because s went to a reputable contractor, who quoted $75,000. Although process has no sense of priorities. Important, often urgent, ;x the amount was paltry, the diserepancy gave LaPlante pause. projects get held up by procedural concerns. Potentially im- f, U.S.NEAS & WORLD REPORT.IANUARY 3.h. 19y5 • v co ' I 11 SCIENCE & SOCiETY portant breaktiiroughs in medicine wait for yearCea ~the ~fe d '~uuhesedr he co ti fethe a{~fenaant~wag wa t dW~e_bastcal= ; 1)rug Administration. Evert obviously ne y ~,qaking trade-offs in situationsA~tike, tliis' is much of what .ujc~..ts cau't break through tt ~e tliick wall of Process.In 1993, v rnment act, whether allo-' I~ pi clul-iug a snowstorm at New York's La Guardia Airgort, a government does. Almost every go e C'ontiiientalAirlines DC-91iad t~ A~ot~er 100 feet and manP ngl subs dlesp beln p tspona ,gcoup morew hjanFanotherg,rand eve Nv;rh rts nosc in Long Island Soun the ense cted 1iv-, wuuld prubably have beek'if, j,• 27 °co3'e 7,000-fot leaders to balanpe the pros and~ onsland make decslonsin the ~,t;A„e h~id sl?d off the runway, g P P1e Th ; 11 ,,way is about 70 perceiit as long as tliose at most commercial p cked th intepowerest. ~becau~e it hadipas~sed an innocYork, ~ii P„rts, arid the Port Authority of New York and Ne~v 3ersey, wbich rutis the airport, had Uecn trying to add 460 feet for sLx ing 1aw, that created "ry hts" elevatin~ the interests o~any Yr~~~• }3ut the agency had spent years talking to environmental disabled person over another public urpose. eaf~~ ~ k elp the :,gencies anc4 cuntmunity groups wliose procedural rights toot: th R gista perceived in~u t~ce,new America. ~,recec3enr,e over ?3iaking the airport safer. ;_-victizns. Yet_ these ncw_nghts are E'hc ~ru~iy ot' our obscssion ~ intended as an often invisible ~~-iili (lll)l'CSS 3S tZ18C it has not form of subsidy. T7i~y;are~pro- pi•~•vcnted sharp uperators fron~ , v~de~`a'teveryone:~t_se.s~expcnse, cxpluitiiI g the bovcrsiment's ; buf -tlic~ieCkN~fie~~blInk.They ,•„~ifExc:~ ing systen~, as the wcap- give opcn-cnded power to one ~hr N ~9tE,;5Ocs e~reene sf~owcnd t us. Its scaeid dalsense of group,anditcomesautofevery- ~,~:ed~~ral thicket is perfect body else's hide. The vocabulary E,i ~ of accommodation, the znost im- hidiug place far those who want for a democra- tc ~ -I~ext lt has also led to a sys- porta~at language cy, is displaced. trm su inconclusive that fairness The "rights revolution" did •"~t~''` ` '^:;z' is lost: Advocates can bludbeon f "ti not begin with any of this in Y. ~T , . +heii adversarics endlcssly in inind. It was an effort to give to xihlic disputes that become tuo r()stty tu sec to a colidusioil. blacks the freedom the rest of 1 the citizenry enjoyed. The rela- AE~d nothing ever gets duiie. - J;',: tively sicuple changes in law in ; , ~Ve rutist centembcr wliy we _have pcucess at a11. lt exists to the Civil Rights Act of 1964 rful socia] .~~rvc rrc}7onsibility. Process was sparked a Qowe hange for the good. But that ,;:r: iwt a r~~cdit car~! given out to c inspired reforniers in t he 1960s caclz cit+zcn for niiscundtict or . ~:z. dctay; iwr was it an invisible to consider using "rights" as a method to eliminate ineqaality s(licld givcn to earh bureaucrat. of all kinds. Rcformerszeroed in ltcspo,isibitity, not proce,~c, is on the almost nuclear power wh~t matters. THE Ca.s E pF THE M I S S 1 P~ GBA T N R 0 fl M S that "rigirts" coald bririg to their causes. People armed with ne«- A pian to use sidewalk toitets in New York C"ity had rights cauld solve their own Findiug public bathroom in ~ problems by going straight to NrNv York City is not easy. To ~yide support. But ifi ran afout of disabil'dies-righ4s couc•t, bypassing the madden- remcdy the prublem, 3oan lla- in 1 slow rocess of democracy. vi~isuu, then dircctor of the regufat9ons because wheetchairs could not fit the Thc most influential thinker 1 M. KapEan Funci, a private klosks. A compromise pian 4o have attenda~rts afi was Charlcs Reich, at Yale. In fonnclatiun, proposed in 1991 to ' his 19641 atticlc "I'he New Prdp- finEulcc a test of six sidewaik toi- disabled-only kiosks was a bus4-no one used them. erty," Reich laid ouf a simple let kiusks ii~ differea)t sections formula to empower citizens: uf cfie city. T'lie coin-operated toileis, wluch c{eancd themselves after every use, were smal! Government decisions should be considered the pioperty of cnough uut to ciisrupt pedestrian traffic and would pay for the people affected. Government employees facing term?na- tl~eais ~ with Shc sale of aclvertising for the side panels. tion, professionals licensed by the state and contractors doing •l:H ` h~'~gree~UTW-i4fi~`,in °outpouring of enthustasm. goveriiment business no longer would be subject to the judg. 1'hen came the problem: V~ e, elchairs~-couldn't-fit :inside . ment of governnient officiais. Everyone would have a"nght' tit ect. rieni. The director of the mayor's Office for Peaple ,rest follo~~upra tide, Reuch fo used on whatbhe tl ought was the• UisaUilities sai~J the idea was "cJiscrimination Fn its pt fe>rm." Thc city's antidiscrimination law, stie pointed out, area in which government largess was most important to the macic it illegal to dcny to the disabled any access to public a~a n~d i ted~" ~~isvis on heral~ d a new era of seif dteterminae accunim dation. A protracted battle ensue.d. lic~'ac"guabiy tegal;~was:undeni- tiorj. Power would be transfcrred to the ward11ef t. ~~ily-stltx i~yo ~oi et. ios s woaSd be at eacFi~of the'three state. Who ~vould draw the line. L.awyers, proclaimed • ~~~~".Ic_ : le~r~~c~c4spo~~"~r~tlie ~ene~al':p.ublic and ttie_other,with a full- , are despcrately rieeded now." i.;?~~e~a~ie?ad°aitE;-~ocw~ieeTc~ia~i'usersonly:Thetestprovedhow Reich got hjs wish. Today, even ordinary encounters- ~reat the dcmand was. The rcgular units averaged over 3,Q00 betwee? teacfiers and students, between su,pervisors and em U S.NEws & Wo1u,U REPOKr. JANUARY 30, 1% (i0 , ~ i ~ ployces-now involve tawyers. Like termites eating their «-ay tcachers often don't bother to ac[ at all against misUehaving ' through a home, "rights" Uegan weakening the ]ines of author- students. 'fhe procedures they have to follow are just too ~ ity of onr society. "Fraditional4valls of responsibility - how a onerous. The easicst course is just to do nothing. ~ teachcr manages a classroom or how a social worker makes Rights are not the tanguage of dcmocracy. Coaipromise is. jadgments in the field-began to weaken. Rights are'the language of frecdom and are absolute 6ecause , 1'he Supreme Court embraezd Professor Reich's concepts their role is to protect our Gberty. By using the absolute power in a 1970 deeision, GoldGerg v, Kelly; which held that welfare of freedom to accomplish reforms of democracy, wc have benefits were "property" and could not be cut off without undermined democracy and diminished our freedom. due process. Congress began handing out rights like ]and ~ grants, 'Ploodgates opened allowin' g juveniles, ttze elderly, TF9E RETURR9 4O PR9NCaPLES the disabied, the menEalty ilt, immiQrants and many ot}iers- Liketireddebaters,ourpoliticalpartiesarguei•elenttesslyover even animals included under the Endangered Species Act - government's goals, as if oar only choice is between Big I3roth- their days in court. er and the laissez-faire state. T'hey niiss ihe problcm cntirely. After 30 years of expanding rights against workplace clis- Our hatred of govcrnmeni is not caused mainly by what gov- crimination, Congi•css has suc- ernmeni aims to do. It's how law ceeded in "protecting" over 70 ' works that drives us cra7y. percent of all Americazi work- ?';;>:~'.;-::i;::;_ Law is hailed as the inslru- ers.Butarewewitnessinganew ;.f,.; age of harrnony and understand- ment of frcedom because with- out law there would bc anarchy, iiig in the workplace? Hardly. ';•::';,:;`r;;`~!'?• and we would eventuatly come E-ven those who are successfui ui}dcr the thumb of whoever are Uitter. Bllis Cose, in The gets power. 1'0o much law, we Rnge of a Privileged Class, de- are tearningcan have a compa- ' scnbes the extraordinary anger . • raUle effect. It is no coincidence of successful blacks-parmers thatAmericans feel disconnect- in law firms, executives m com- 1,„ : ed from government: The rigid panies-who fccl tltey are being rules sliot out oiir point of view. held back because of race. These • .Y, ' !3y exiling jiidgment, niodrrn feelings, however, mirror those law c}ianged its role from useftil of white professionals who be- ~ tool to brainless tyrant. lieve blacks are promoted pri- ` Before American law became marily because they are black. the cvortd's thickest instruction A paranoid silence has settled ntanual, its goal was ro sen•e over the workplace. Only a fool general principies. The sunlight says what he really beiieves. Tt is of common sense shines high too easy to be misunderstood or whenever principles control: to have your words taken out of What is right and reasonable, context. Tliose liurt most by the not the parsing of lega[ lan- ctammed-up workplace are mi- guage, dorninates the discus- norities and others whom the A REALLY ENDANGERED SPEC[ES sion. With the goal aiways shin- discrimination Iaws were in- ' ;ng befare us, ttie nccc~ for tended to hc1p. The dread of liv- Some 28 homes in California needlessly burned doarn lawyers fades. Botli regulators ing under the cload of discrimi- because fihe owmers couid not crea4e ~~firebreak by and citizens undcrstand what is ~ nation sensitivity and the expected of them and can use lurking fear of potential charges plowring fheir yards. Ruthori4ies said that woald have thei?•judgment. Tlieycan also be often act as an invisible door held accoulitable. blocking any but the most ideai disrupted the habita4 ofi the endangered lcangaroo raf. We have inventcd a hybrid minority applicant. It didn't matter that eats were being burned up, too. government form ihat achicves Beyond the workplace, public neariy perfect iriertia. No one is - schools have bccn the hardest ' ip colitrol. No one makes deci- hit by the rights revolution, especially when it comes tu special sio?is. Tltis legat expa-iment hasn't worked out. It crushes our education, Timothy W. was a profoundly disabied.child, born goals and deadens ourspirits. Mocicrn law Itas not pratected us with quadriplegia, eerebral palsy, cortical blindness and virtu- from stupidity and caprice hut has made stupidity and caprice ' ally no cerebral cortex. His mother thought he should go to dominant fcatures of our socicty. And bccause the dictates are ° scliool. Experts consulted by the Rochester, N.H., school dis- ironclad, we are prevented from doing anything about it. Our trict concluded hewas not "capable of benefiting" from edaca- founders would wmce; they knew that "the greatest menace to tional services, but a federal judge ruled that the school was freedom," as the late ChiefJustice Earl Warren reniinded us in obligatcd to providc a program bccause under the Individuals ' 1972, "is an inert people." ~ with DisaUilities Education Act, it didn't inatter whether he Law cannot save us from aurselves. Waking up every could benefit. I.aw books are filled with such cases as local morning, we have to go out and try to accomplish otir goats school Jistricts try to stem Ehe hcrnorrhaging uf their budgets. and resoive disagreements by doing what we thiok is rigfjt. But the districts almost aiways lose. A right is a right. • Energy and resourcefulness, not millions of legal cubicies, t: Teachers, too, have suffered as the "rights" accorded Au- are the things that make America great. I.et judgmciit arid dents have ailowed disruptive students to doiuinate class- personal conviciion bc important again. There is nothing un- rooms. Exeept in the cases of egregiaus student conduct, most usual or frightening about it. It's just common sense. fr U.S.NL'ws 3r WURLD REPORC. JqNUARY 30, ]995 61 / . , • ~ • ' ' ~ . ~ , ; Q . Nb Pena~ize tee'ns* ~~th t oa~~ ; : ; ~ S am'e waY as for A16-hol . . . . . bill to fine teenagers $50 for as they do now for underage drink- - the possession of cigarettes in ers, and judges could either levy Colorado has drawn a predictable the prescribed fine,, allow offend- response from one legislative crit- ers to do community service or re- ic, who fumed that it would turn quire them to attend a. tobacco- "tens of thousands" of kids into awareness class - with the fees to criminals. finance the instruction. ' Wrong, tobacco breath. ' - It's worth noting here that while The measure, House Bill 1207; the health risks posed by smoking approved by a strong 10-3 vote in may not be as imminent as, say, ' the House. Judiciary Gommittee the threat posed by drinking in a this past week, wouldn't be any car, they are m'ore serious in the more stigmatizing than the similar long run. Tobacco-related diseases ban on underage possession of al- account for more deaths every cohol - an offense which also re- year ttian all car crashes and vio- flects society's belief that certain lerit crimes combined - and the risky "pleasures" should be re- carnage caused by cigarettes is en- served for adults alone. ~--tirely preventable. The purchase of cigarettes by Moreover, teenagers are unique- persons under 18 is already illegal, ly vulnerable to the appeals of cig- of course, though this prohibition is arette advertising and to the addic- widely ignored by consumers and tive powers of.nicotine. Hence it's vendors. Outlawing possession as crucial to keep tliem from ever well would sixnply be a logic.al and taking up 'the habit in the first long-overdue extension of the ex- place. - isting law. .Given the huge costs of smoking As for enforcement, there's no to society, as measured in prema- reason to assume that the bill turedeaths and medical expenses, would place an undue burden on ei- making the possession of tobacco ther the cops or the courts. Police by minors a petty offense seems would simply issue citations to mi- almost an afterthought in this on- nors observed to be smoking, much going struggle. , r~1 &?ww'C~$ , 4• rti-is xC: O'~ ~ - - ~I?o Fbbruwv 1g.t995 . . .v.- . t M+f g.-t^ ,~3. ~R ,1u t":~a^r.. ' ' . .W ._z ' X . ~`~`du'+,c..ec~;"~:-.~• . . . A sq ~ aYS~~t ~ s~~Y • Y M0 'X _ .~""e,e. _ . ~ - . , . • . . . , . _ . l . On.~ ~ o ~ . , ~,.rr~S~ daWn er _ + . va"Ot' ace~ , . ~ ..r . „ . . ~ . ` ~ ~ ~pther op6ons.;;Yhat have:been dis- ; ~ ~y Allisoa~ ~4errdersAn~ tcussed ulcluded estabhshing a stnall " . _ Day stse wrtcer'.r~~" ;dayca w;_center: -Ea le CoUn . . The county had operated an of~ce . . 8 tq; whicii~closedzitcO'"lln~`~theiAvori'M'unici``.. 'Buil i . ; upper-valley aqnex in ~?von last ' ° - ~ • ~ - ' week, has turned: downan offer: of~ since 1992: T1ie town charged4the ; office'space fronitherTown only a-year•in'rent-~The ~ . . County officials say thers a,e riot I~ty ved out`Feb: 10 because : ' enough parlang,;spaces at, t~ie wail~d ~the town needed its office~ack ~ T : ~ triunicipal building to acco~mo~ate"'~ y.'Fbree coantyr~inployees worked . . - the traf&c that wo"vldbe`gen`erated`:by ~'.fi?ll~`~~tat the'~~4von~:bffice:'Ttiey a county cierk's',office Qrocessed~marrtage licenses, some " ,•<We s ne ous'~y ,expore j e. i ng P ,~rea~estate ~utle of movirig some"of oiY `satellite ~~~~es~and 001, elucle hcense, offices to Vail's, inunicipai. id-x°renewais:"_ ` : . . i: ing," said County Ntanager `Jack 0 "Ninety percent of the busmess is - Lewis.-. "We really, =appreciated~ `~the hcense,plates,'.,I,ewis Vail's coopera[i`vegesture and-had 4:•<stoppedIn>at;A~on and ~hoped the idea would work." people waiting to get hcense pla~es; r~ • - Lewis toure d t he propose d site in '°When I learned: that::"the,:cletk's ^ • fhe Community Development o~cesometimes~generates 30•to:40 ; Depai-tment this week at the' invita- vehicles an hour, I felt that the office :.ti'on of Vail Town.WanaQer Bob wou " * F- . . ld create senous traffic problems • McLaunn ."I'm..veryintetested • in ~ • :a for the Tows of Vail ' Lewis sa~d ; : ;workmg:withthe,coantaurin,~°'~, said. = -It was because of the°parking-and - . ' • traffic concerns that EaQle County The 375 squaaze; € t~off~ce was, ti ~ ! , - ' decide~. n"acfie t thi's~offcr:of - formeriy used by~tcVail Pohee .P.. . Department as a Commtinity Service _,space • Office:;.When the•police moved into"` Th'e: i;oiinty is continuin~ ics ` their, new building,, the Commumty search for space''foranother:~upper Development :bepaitmenf begaii~" ~a1le~ hr?ez;"said spakesman Jack ~ using the office as storage'space: ~ Ingstad:•,"They're-really havinb :a r0 + ~ Now that the.county has decided . difficult:~time: finding: affordable riot to take Vail up,on ifs,proposal, space that,also meets ADA.(Ame - ~ the area could be permanently allot- ` cans with UisabiLties`Act) and pai ced to `=community..,;develapmeac,Y : ingsrequirements;r' Ingstad said: ' • - - . . . _ . , .~V.u4.y L.,, •yy~ . . . , : . . . , . ; _ . VaHey_ . ~ . ected su ccess . Riders say;~G~isum-to Vail E~ress s~es 'themi-buicksy.-` and It°s, ~ ~oei Oable hour fiq t06. ' , . f' ' 4' • ' , . e t . ~5"s ~'1'c'x. . ~q ~ S x ~ E By Kaihy Heirher Special to the Ti?nes • • . . ~ ! < ~ , . . : t i . . , r,~r s~ ~ ~ r r. ~ • ~ ~ More than just a convenient way for,dorvn-valley , residents 10 'get to up-valley jobs, the'Gypsum=taUail : . . . . < ~ Express' is a communiey on wheels. ~J;; . - ~ Fiercely loyal,_many riders~say the bus should rnneinue in summer, too.,That's.one of the issues:the Eagle County.Transportation, Committee and local govemment officials will,be discussitig `today at their" f1~~~4 ~ansportahon summit meedng. "I just don't have enough good things to say'about ehe bus," says Janie Bionaz; a Vail Associates secretary who has been rnmmuting from Eagle to Vail for nine years~ Surveys show most bus nders ;aze Gypsum, and Eagle residents who work year-round jobs in the Eagle k Valley's resort coIllIiluIlltles, Debbie Desposato of ~ Eagle is among the half- dozen FirstBank of Avon employees who ride the bus ~ . regulazly. The bank pays for~employees' bus fares: ' a~~~ 'It saves weaz and teaz on the car. It's nice not to W~~ worry about bad roads. I would de6nitely use it in the . summer, foo,° says Desposato. Eagle resident A~Iike McGee, who has been driving ~ ; . to his Nail firefighting job for eight years, uses the bus this season.when his schedule allows. Like Desposato, he cites economic benefits. ~ "You can't drive to Vail and back for $2," he points ~ out. ARcGee predicts -ttie-bus service would see th ~ e „ - same kind of ridership:numbers during summer TRUST IN T'HE DRIVER: Riders say they trust AAike Motillo, and they like the way he keeps track of his monchs.. n_. . steady riders, nearly all 04 whom have year-round jobs in the upper valle . ,Bionaz says the bus rides have saved her $120 in Y rmesrnnixe Rawiin9s gas~ and car maintenance ezpenses in six weeks. She ''here's a sense of camaraderie amon the ' s expects Eo'save 3,000 miles on''her car b the end of making the daily commute g People "There is a huge bond between these people. They y , particularly among the were genuinely sad when we dropped the Edwards the ski season: Bionaz also likes that the bus helps cut ~ riders on the "second bus," which depares,Gypsum at stop (because of a lack of ridership down on pollution, and eases parking space pressures 6:45 a.m. and arrives in Vail about an hour later. The . cerned about how the one rider that got offethe e in the resort communides.-, . • passenger roster is pretty steady. Passengers share wonld get to work," Silverthorn reported. Bionaz is so enthusiastic about the bus service that details of their daily lives with one another. Driver Mike Rose, Town of Vail transportadon manager, she issueci.a memo on the company e-mail to inform Mike Motillo knows most of the passengers by name. credits Motillo for the popularity of the bus trip. fellow employees how they could get some free Suzanne Silverthorn of Gypsum, information officer Motillo's unusual rapport with his passengers gives a round-trips through tickets purchased by VA. for che Town of Vail, is a periodic rider. She originally "family" feeling to those commuter trips. Aside from economics and, conservadon, riders say Planned to take a radio so she could listen to National "He's outstanding. People rave about him. Their they enjoy the ride. - Public Radio. She has found that talking with fellow passengers is more interesting. • • . . - ~ See F.XPRESS, Page 18 ~ - ~ ;f: . '-.t:- , c: _4drr . " . . ,4:'r~=:~"t'. -rza.':.:~'73'~i'r.^v-~"•j~;+'~Y'x"z"~"'+.7~'-t'~'~'"-.c?,, ,+r~._;j?"~;s.^'>.~'^-' _r.`-.r'^ ; -x~"'p'%. .3-n, r5<".~+F"c' ,sr . i . , :.x. . .,'~r ,+a. , ~.y rrrr+~.-,,~-.~~i~.'~s.~`# ~ ,ra; j~'~ ~ 'w~}.+^..:-x • ' . ' •i' ' f'• t 4{ `t . 7 i,. e ~ r ^ C ~ . x:r~ ~s,' ~ .a r ,A `~v,.~ ¦ ~.y~.tp,'. . . t r ' . • ~ ' . . ~ '1'jlViaa S s~ . - ~ Febru '15; 1995 . . . . . . . . . . . . .P?o`t,~.'1^.~~'- . } : . . . . . ....v . . - _ ~.E"RES5 Should transit s~ stems get a subsid L: . ;t From ' ^De 3 Few of ~them can operate without one. 4 . . . ~ ' . r~• - , expectadon is that he can fix anythuig but a broken heart," says R o s e: w. ~;When,Eagle .Cou nty ; a nd the;7bwn ,said' the county:;anticipates receiving Riders say they;; feel as.;though of'Vail launched~the Gypsum=`to Vail,`$T0,000. in faies by season's end Motillo watches out for them. They r,;, Express on Nov. 19, they hoped for 15 ` Obviously; the fares do not offset the trust his driving. He's reliable, and, -riders per day. 8ut the commuter bus cost of the service. - ; punctual. If a regular rider fails to show averages 58 passengers .per day. "If we bumped the prices up to it up., at the bus stop, Motillo pauses and ' "The numbers are kind of, surpris- what the service really costs, passen • the_passengers help him look up and ing," admits Eagle-County infoririation---.gers would be furious,", says Teresa ;down the street for the straggler. Most officer Jack Ingstad: The popularity of, Albertson> of Avon-Beaver Creek i - riders tell him in advance if they plan to bus is increasing monthly. January:: 'IYansit.;:: ~ ig` - miss a day of commuting. Motillo seems ridership-was up by 338 from Decem-._' That's: typical for public trans ' surprised by his popularity. A.Wolcott ber numbers. • porfation. Albertson says the only resident, he makes a Lving dusing warm Eagle County TYansportation'`Com=', ,public„,system'she's heard of thac is not weather months with ° his ~ small mitfeenmembers hope the: suc.ces,s will 'subsic~ized"is in.Lille, France. On the construction b~usiness.;He Has ;been inspire ~funding for a year=roundroute. avera'ge; public bus systems in the driving buses for the past five winters Opdons'likely to be d~scussed 'at toda}~s United~ States recover only 40 percent He's content.to work the:unusual,~, summit meeting include :cieadon of a of their costs'through fares (known as Of course, that is not true for the split shift,;that thi bus .route„- requu~es.; sales:lax or possible formation of a the "fare box recovery ratio." ; Gypsum-to-Vail commuter route. r: ' He spends the in-between hoius skiing- special service district. 1Nhen'the.bus Albertson reports that in 1992, The subsidy troubles Glen Ewing, or at the Lbrary. route was launched, transportation Avon-Beaver Creek 'IYansit System and an Eagle town trustee. Although his f' Motillo is just as loyal 'to his riders . committee members appealed for help . RAFTA (the bus system serving the family members have used the Express ' as they are to him. He says the com- witti funding from local governments. Roaring Fork Valley) had a 58 percent bus and he appreciates the conven- muter route is fun compazed to driving Towns were not generally enthusiastic. fare recovery ratio. The ABC Transit ience, he has doubts about whether ..;~a sometimes difficult-to-please tourists z;•Uldmately, Eagle County footed the System posted a 65 percent fare government should be paying for the . :around the ski resorts. He has a good- $46;000 bill. The Town of Vail provided recovery ratio in 1993. In comparison, service. 't natured tolerance for non-school days, the buses 'and. operational assisfance. the 1993 figure for Ft. Collins was 10 "It's a good deal for those who use . when young riders headed up for a day Bus fares are $3 one way, with $1:, percent. Denver's RTD claims 35 it. I'm wondering if it's a good deal for . of skiing create a noisier, school-bus tickets for children and sanior cidzen's.' percent. ' the taxpayer," Ewing questions. He , type atmosphere. Various discounts are available by Albertson says the local figures are suggests that if commuter bus route is 'These people (the F.xpress riders) buying in quantity. high because a significant. portion of feasible, the' private sector should : are the backbone of the community. County spokesman Jack Ingstad bus costs can be passed on to visitors. handle it. ,5f They haven't put out any demands," he .~':.otiserves. He's surprised and touched by . the little kindnesses his passengers have him a box of chocolates or a loaf of you feel like 'part of the community, "These people deserve to have the °.'shown. He received a few Christmas homemade bread. instead of just the guy who drives bus service all year long. I hope it works ' gifts, and periodically a rider will bring "It's more than I expected. It makes people around," Motillo says. out," he says. . J ~ SFNT BY:EAGLE COUNTY ; 2-17-95 ~ 15:34 3033287207- 3034792157;# 1/ 1 01TIce cf~McIPy 17, 1995 -$:5fi rnc.1.e coi Ipm Bt,ji.nirx, lOI,1?YTy pAAMAGER .~f !',(X1 llROA I)W/1Y (_303) 328-fsi5~l5 r.c). Uc7k 850 • Enc;c.c. coLOr.nrK) 8 1631 •0R5o ^i • . rAX: (303) iL2f•Y7.U') ~~GLE COI.! , COLORADO ' ME ~ NDUM TOo API media and in4ePested parties FROM: Jack D. Lewis, Coun4y ManagePj& DATEo February 17, 1995 - 8:56 ClYANGES IrO kGENDA FOR E. C. BpAf2D OF COhAM1551qNERS The golfodving ifem has been added tv 4he February 21, 1995 agenda. ~cAGREEN9EfVT BE11AlEEN EAGLE C093A9TY, -STATE OF NoOLOSia4DO B'9NA.d MICUEEIl.Lrz NEffitly dba UOOAR PCRSOIVs"9L CW EPy 0N'1.0. Laurie Asmussen, Fair & Rodeo ACT8ON. Consider apprpval. . If bou have ae"oy questions please call Tom Jenkins, Office Assistant ag 328-8605_ Thank yOu! JDL6gj cc: Board og Cnunty Commissioners James R. Fri4ze, Caunty Afforney ABIan Sartin, Finance Director Sara Fisher, Cderk & Rec:order Jac& 1n9stad, Public PnfornnaQion Off'icer TOWRT OF VAIL " Input/Inquixy Response Record l e~tti? The attached comments were recently received by the Town of Vail. VVe encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE,CONCERNS WT= FIiTE WORKIIVG DAYS A1VD RETURN THIS CONII'LETID FORM TO PA1VI BRAIVVDMEYER. DEPARTNIFNI' TO HAiNDLE INQUIlZY _ ? INDNIDUAL TO HANDLE INQUIRY DATE TOV RECEIVID IlVPUT/IlVQUIlZY d17' ~i5 TYPE OF INPUT/INOUIRY: PHONE CALL (indicate date) LETTER (attached) ~f'l~.l. ~ C~~,c,(.g~ k{,c, rP~~g.~"k~p•~, 4-6 4u.d 7V u.~c Fc.l. ~1^ 6(-IL- RESPONSE CARD (attached) TYPE OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) : BRIEF SUNMARY OF RESPONS OR ANSWER TO I1VOtTiRY; DATE OF RESPOIVSE FOIZNI RERJRNED BY DEPARTMENT"TO 1'Arq gRANDNiEygZ; A mpy of this inquiry and form will remain on 61e at the TOV Community Relations office. As soon as this fortn is retumed tn Pam Brandmeyer, this inquiry will be mnsidered dosed. THANK YOU FOR YOUR'I7MELY HANpL,IlVC OF"IfIIS WUE IF YOU HAVE ANy QUEy'iIONS, pL,EpgE FEgy FREE Tp COM'ACI' PAM BRANDMEYER AT 479-2113. ~ . 1 P o. BOX 32338 FSB 9~ SUITE 207 - ' 3635 OLD COURT ROAD BALTIIVIORE, MARYLAND 21208-8338 February 10, 1995 Ms. Pam Brandmeyer Assistant Town Manager 75 South Frontage Road Vail, Colorado 81657 Dear Ms. Brandmeyer: We are writing because we are very concerned about the attitude of at least one retailer in Vail Village. It has prompted us to ask if there are any obscenity laws to which a retailer must comply. Our specific complaint is about the Rucksack Store on Bridge Street. They have two t-shirts on display with offensive slogans. We are not prudes, but Vail is considered a family resort and these shirts should not be displayed,in a store visited by children and , other highly impressionable minds. Please pardon our use of vulgarity, but. we feel you need. to know exactly what our concern is.. The shirt hanging by the door says "The Hairy Fart" and the one displayed on the wall says "Queen of the Whole Fucking Universe". There is another shirt on a less noticeable shelf that also uses the "F" word. We complained to the manager, whose comment in reference to `ho xl; oyn sh-Jrt w? e, "jt'G pil-- best seller". Another customer standing near us added that if her children were with her, she would turn and march our immediately. We have owned a condominium in Vail for seventeen years and just last month purchased an individual home. Our three children learned to ski in Vail and now we rave f ive grandchildren doing the same. We are now wondering if we made the right decision to stay here. Is Vail still a family resort? p Ms. Pam Braridmeyer February 10, 1995 Page Two We would appreciate your prompt attention to this matter. Please advise us if there is anything that can be done to rid Vail of this smutty attitude. We will return to Vail on February 23rd and remain until March 6th. We can be reached by phone in Vail at ~ 476-8289 and in Baltimore at 410/363-6369 or 410/653-0556. We look forward to hearing from you either in Vail or at the address above in Maryland. Sincerely, • / : / Bev and Jon Myer"s B&JM/clr ' . n . • ~.Ci ~^N.~~~,,'W`~ . d.d'N~ Daniel Zwillinger, IPhD President Zwillinger & Associates Applied Mathematicians 63 Greylock Road Newton, Mass 02160 617/244-5267 zwilling@world.std.com February 10, 1995 Bob McLaurin Town Manager Vail, Colorado 81657 Dear Mr. McLaurin: I am writing to express my appreciation for the staff and facilities of the Vail public library. I spent two weeks on January 1995 vacationing in Vail. During this time I wanted to access my electronic mail on the Internet. On one of the cable TV stations I noticed that the Vail public library had Internet access. One day (when I chose not to ski) I visited the library. There I found a world wide web browser. This is a great tool-every school and library in the country should have one-but not exactly what I needed. Then Susan Boyd asked if she could help. She was wonderful! She logged onto the Internet, and let me use her office, so that I could read my electronic mail (via telnet): I know putting together a town budget requires that difficult decisions be made about dif- ferent worthwhile endeavors. From my own point of view, the resources obtainable at the library are not only worthwhile, but exemplary. . Sincerely, , i .~[,•ti~/`//~L%~'~- ~ • / Daniel Zwillinger cc: Susan Boyd Vail Public Library Vail, Colorado 81657 TOWRT OF VAII. . ~ . Iaiput/Inquiry Response Record - ~ The attached comments were recently received by the Towm of Vail. VVe encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE CONCERNS WI1HIlV FIVE VVORKIIVG DAYS AIVD RETU'RIV THIS . CONIl'LETID FORM TO PAN1 BRANDIvTEYER. DEPARTMENI' TO HANDLE INQUIIZY IlVDNIDUAL TO HAiNDLE IlVQUIIZY DATE TOV RECENID IIVPUT/INQUIlZy d11 • q5 . TYPE OF INPUT/INOUIIZY: PHONE CALL (indicate date) LETTER (attached) . ~ ~ ~ RESPONSE CARD (attached) TYPE OF RESPONSE (check one); LETTER (attach copy) PHONE CALL (indicate date) BRIEF SLJNIMARY OF RESPONSE OR ANSWER T INOUIRY: DATE OF RESPONSE FOIZIVI REMJRNED BY DEPARTMENT TO 1'AM 8RANDMEYER; A mpy of this inquiry and form witi remain on 61e at the TOV Community Relalions office. As soon as this form is retumed to Pam Brandmeyer, this inquiry will be considered dosed. THANK YOU FOR YOUR TIMELY HA~vDLIIVC OF THIS LS,SUE IF YOU HA VE ANY QUFSTIONS, PLEASE FEF1, FREE Tp COMACI' PAM BRArlDMEYFR AT 479-2113. ~ ~ Mayor Peggy Osterfoss Town of Va i I 75 South Frontage Road West Vail, CO 81657 February 9, 1995 Dear Peggy: I am writing to express my support of the Town of Vail's efforts to obtain funding for the completion of the Dowd Junction bike path. Completion of the bike path will greatly enhance access to Gore Creek for fishermen. I am certain that the completion of the bike path will make it possible for local fishermen, guides, outfitters and their clients to safely use this now inaccessible portion of Gore Creek. If you have any questions, please call me at 479-3012. Sincerely, i ,h,14 - 7 _ .;oe Macy Box 77 Vail, CO 81658 January/February 1995 , COLORADO DEPARTMENT OF TRANSPORTATIOIV °a NE "A BIMONTHLY NEWSLETTER HIGHLIGHTING COLORADO TRANSPORTATION ISSUES" ~~~~,~p~~,~~~~~ was enlazged on several occasions, and all or part of the hotel was rebuilt with brick in the 1870s. Because of demographic, SffTE OF THE residential and commercial changes in the city's landscape, IH[ILSTORdC TREMONT IF~OUSIE ffi[O'Il'EIL coupled with the hotel's unfortunate location in an area prone ~~OVvN'd'OWj~ ~ENVER to regeated flooding, by the 1880s the Tremont had been by Dan Jepson. CDOT SrafJ`'Archaeologist relegated to second-tier status. As larger and more luxurious hotels were built during the last two decades of the ninetcenth In 19871he Colorada Bepartment of Transpartation, century in the area east of Cherry Creek, the Tremont House cooperating with the City and County of Benver, proposed to was left to linger in the city's burgeoning warehouse and replace an outdated and crumbling section of Speer Boulevard ra'lrOad district. Although it continued to function as a in downtown Denver. Plans calied for replacement of the boazding house and restaurant, in its later years the Tremont existing Sgeer viaduct with an at-grade roadway slighdy west aPParently catered almost exclusively to denizens of the lower of its original alignment, as well as the addition of various classes. Subsequent to a severe flood in 1912, the hotel aesthetic and- safety improvements along the entire route. As Was deemed unsafe and its sugerstructure razed. mandated by state and federal historic preservation laws, prior to the start of construction researchers identified and evaluated In 1988 the remains of what was ihought to 4e the any historical and/or archaeological remains that might be Tremont House were lacated beneath an asphalt parking lot on located within the project corridor, the west side of 13th Street, within the proposed construction impact area. In order to ascertain the nature and eztene of the The southern gartion of the project area was Iocated remains, and evaluate the historical significance of the site, near the Auraria Higher Education Center, adjacent to Cherry CBOT archaeologists employed a ground-penetrating radar Creek. When Denver was established in the late 1850s and device, using electromagnetic signals to idenrify buried early 1860s, this vicinity--originally platted as the community f~tures such as wall foundation segments: This test of Auraria--was the heart of the city and contained many distinguished several linear anomalies that appeared to commercial and residential structures (see map on page 2). correspand to the documented shage and size of the Tremont. Perhaps the most noteworthy of these was the Tremont House, Portions of the site were then exposed using a backhoe, stovels one of the region's first luzury hotels. and trowels. These initial investigations demonstrated that a large partion of the hotel, including a vast assortment of Conswcted in 1859 historic artifacts such as and tcnown for a short time as glass bottles and ceramic the Temperance House (due to vessels, remained intact the original owner's aversion to o-~-~- ~m . h$neath the ground surface. serving alcoholic beverages), In consultation with the State the Tremont House soan T R E lV! O IV T H O iJ SE,` Historic Preservation Officer, hecame Denver's premier mu the site was subsequendy sleeping, dining and am ~ 0 9 - - = assessed as "significant•• ~i s4, r ~ o ~mn • ~ mn entertainment establishment, i ' according tocriteria and was the scene of many established by the federal prominent s~ial and palitical Q" im"r ~ government, and therefore events over the next 15 years. was eligible for nomination Historical records indicate that eo, and protection under, the the initial wood frame structure r, -r-- . - Rtadonal Register of Historic Places. 77ce Trenaont Floaese, shown an an early 1860s p0aotogvap0a. •••co?edanreed nex8page COIdPdeSy COIOPQdO FIAStOP6CQI SOClCBy. Whenever possible, archaeologists prefer to avoid field of urban historical archaeology in che Rocky Mountain disturbing important cultural sites, instead leaving them intact region. The Tremont House study was in fact the first notable and untouched in their original setting. Archaeological sites historical archaeological project in this area to combine are fragile, non-renewable resources that document the past professional coordination, governmental support, media and deserve protection. However, progress cannot simply stop attention and public participation on such a large scale. A and, unfortunately, certain sites will inevitably be destroyed as significant piece of Denver's early history was successfully a result of ezpanding populations and changing patterns of identified, ezamined and analyzed, and all of the investigations land use. CDOT engineers determined that avoiding the were initiated and completed far in advance of construction remains of the Tremont House was not a viable option. activities so that the road project was not delayed in any way. Consequently, archaeologists developed a plan to conduct large-scale controlled excavations in an attempt to salvage as 'me CDOT Archaeological Unit has been awarded much information as possible prior to the road construction. federal funding to publish a booklet detailing the results of the Tremont House study. These investigations generated Between March and May 1989, professional substantial interest in the Denver area during the excavation archaeologists, assisted by avocational archaeologists and lay Project. Many people intrigued with the history and volunteers, exposed a substantial portion of the hotel through archaeo1ogy of Colorado no doubt will appreciate the careful excavation. The original 1859 hote( was identified, as opportunity to discover more about the Tremont House. T'he were two structural additions built between the late 1860s and publication should be completed in early spring 1995 and will 1890. Two intact cellars were also discovered, one exhibiting be available free of charge. If you would lilce to reserve a copy a wood planlc floor, the other a brick-lined floor. More than 25,000 artifaccs were recovered during the projecL A broad array of Tremont House Hotel ~ interesting items was collected, (~T CHERRY CREEK ~ including 19th century coins, ceramic tobacco pipes, W children's toys, ornate door ~ o handles and bone handled ' W e~,~ brushes. Thousands of 1~ g" 0 3\~ ~ o - ~HON ~ butchered mammal bones were r ~ (73th~ ~ F also encountered, representing dozens of different wild and ry domestic animal s p e c i e s s e r v e d ~ o ~~ti ~ RF F T °DO O OO in the hotel restaurant. Ai] artifacts collected during the project are curated permanently 0q?3m `7 at the Colorado Historical Society in Denver. N l/~~~ r,or^J S o~QD f7jthl STqF~T O ~r T Rf . 0~00 y In order to create a uniform surface on which to construct the road, it was necessary to destroy and removc thc This maP shows lhe community ojAwarea (later West remains of the hotel's foundation at the conclusion of the Denver) in 1860. Courtesy Colorodo Historical Society. excavaUon project. Although a few wall segments still ezist, most of the site of the Tremont House now lies beneath the contact CDOT Staff Archaeologist Dan )epson at (303) 757- ' southbound lanes of Speer Boulevard near the inbound Auraria 9631, or mail a request to him care of the CDOT Office of Parkway. Environmental Services, 4201 E. Arkansas Ave., Room 284, Denver 80222. A similar publication describing the A scientifc technical repoR documenting the Tremont excavation and analysis of a prehistoric Native American site investigations was completed by the CDOT Archaeological located north of Greeley was completed in 1993, and limited, Unit in 1993, and it has made a.signiGcant contribution to the 9uantities of this booklet are s611 available. ~ Page 2 a R,d1o Controlled ModeQ A8rplaneso streams during hydraulic studies, obtaining video tape which could be used to study scour and help locate bridges, piers or 9 other pmject elements. Individual frames can be singled out CDO~1 ~eriaB Phot~gra~~ers from a video tage using a computerized "frame-grabber"and then converted into still photographs. To hobbyists they're low altitude, high tech flying toys. To geople in business and engineering, they're a way to Construction management could be enhanced by get aerial photography or video at greatly reduced cost either still photogiaphy or video camera, the latter viewable compared with hiring a plane and pilot. during a flight using a TV monitor in a specially equipped van. The planes could fly parallel to (but not above) traffic, and They're model airplanes part of an ezperiment at could update right-of-way maps by sFeawing features along a CDOT to get a bird's eye view of a study area or construction state highway. project without paying an azm and a leg to rent the bird. Gilmore goints out that once the model airplane The idea came to Brandy Gilmore, chief geologist and Photography is successful for one purpose, engineers in head of CIIOT's Geotechnical Section, during a class on another part of the organization may see u6lity of the methad remote sensing. Engineers at Brigham Young University had for the'v needs. As with any type of experimentation, there developed model airplane applications for field studies and could be new applications not foreseen at the outseL Gilmore saw a gotential for CUOT. He also knew that engineers in CBOT's Greeley Region had tried taking 1Vezt will fuselage art and slogans appear on the photographs using model airplanes a few years ago under a airPlanes? (Will a model plane used over earthworking areas federal research project. During those flights materials be dubtsed "Above the Clods?")' engineers Ken Waod and Leo O'Connor used heavier model airplanes (with two-cylinder engines, compared to today's one- - cylinder madels) and heavier cameras. ~ Since Spring 1994 state transgortation engineers have ezgerimented with hoth plastic and balsa waad framed airplanes using a Ricoh 35mm camera. ~1~.... . Initially, employees had to learn the basics of (lying a - model plane. When they fitted a camera into the fuselage y:. belly, and flew the models at about 200 feet abave wetlands -study areas, they came away with photography that had high resolution without distortion from an auplane or helicopter window. Crashes were inevitable at the outset. One plane being flown.over a wetlands area of the U.S. 24 Byp3ss projcct ~~OT: A LEADER ffN in Colorado Springs was virtually torn apart in the air by backwash from an F-16 military jet taking off from nearby CO.~~~~~~~~ON fCOST E$Td~ATING Peterson Air Force Base, but the camera was retrieved without significant damage. It's official, from the Federal Highway Administration: Colorado leads the 50 states with the hest Over wetlands,. infrared film has a potential for rerord for conswction cost estimating during the most recent locating hot and coal "spats" for planting vegetation. It repaning period (January through June 1994). extends the capability of still photography into a new dimension. Each time a contractor turns in a bid for an advertised Following Federal Communications Commission project, he is vying with the Bepartment's "engineeis' approval the CDaT team hopes to load a video camera into a esfimate" of what the project should cost in materials, latiar, model airlane. FCC production rates and equipment. lfiis fgure, held secret until p permission is necessary because of the type of radio transmissions needed hetween the ground and thc ii is read aloud before contractors' sealed bid envelopes are flying equipment. In the future, planes could be flown above opened on a Thursday morning, hecomes the benchmank against which the low bid is awarded. PaRe 3 eontisaeaed nexd prag¢. CDOT cost estimators varied from "reality" by a mere CHA L L ElV GES OF 0.13 percent during the siz month FHWA tracking period. But the successful average was no fluke; in recent years, CDOT has ~~5 MOUNTA/N been a leader nationwide in careful estimadng. During calendar year 1993, for ezample, the agency's rate of success varied oniy 0.7 percent between the Cost Data Book and CONS TR (I C TIOIV reality. Chief cost estimator Dino Sarganis modesdy credits By Toni Gatzen ~ his five-person team with much of Colorado''s success. "We ? With a hi hwa widenin look at each set of plans with an engineer's perspective," he g Y S Project in a narrow, says, "before we apply historical data about the cost of thin s. a''~'ng canyon, how do you move 780,000 cubic yards of g ezcavation material around the project without disrupting more Then we fit the estimate to the specific location within Colorado, because hauling material or equipment into the 16,000 drivers that drive through the project daily? mountains or across the plains from its soarce adds a cost reality of its own." ? Did you know that 780,000 cubic yards of dirt would cover a standard football field w a depth of 366 feet? Team member Mike Adams emphasizes that Last June, SEMA Construction, Inc, of Fnglewood estimators must know individual sources of the materials, such was awarded the $11.9 million U.S. 285 widening project as rock aggregate, called for in each project's specifications. A ~tween Tiny Town and Goddard Ranch Court. During these Irnowledge of trucking rates is essential. So are geology reports last eight months, CDOT and SEMA have successfully worked from the field which can help determine whether a contractor will have to cut through subsurface rock or will have an easier ~Ogether to minimize delays to commuters and have solved time clearing soil. m~y challenges. 'Ihe 1993 traffic counts show that over 16,000 drivers . Wayne Fox, another member of the cost estimation commute daily through this U.S. 285 construcdon area, squad, points out that Colorado's varied geography, ranging Delays and inconveniences w the traveling public are always from rolling, high plains to the ground transportation "roof of prime concems during a constiuction project. Many U.S. 285 America," calls for careful consideration. An ezample: last summer the Departrnent hired a company to repave Mount commuters remember the frustrating delays on the last Evans Road (S.H. 5) to its 14,264-ft mountain summit (for you conswction project at Parmalee Gulch. Through a partnering coastal readers, that's a point 2.7 miles above sea level). Team agreement between CDOT and SEMA Construction (and the'v sub-contractors), minimizing adverse impacts to the public is a members Tony Bemelen and Bill Cuevas add their own areas of specialization to help make estimates which consider such main mission during this construction phase. real-worid factors. Blasting operations could have had a severe impact on It dcesn't hurt that chief estimator Sarganis serves on motorists. To date, crews have blasted over 60 times. CDOT a national estimating committee with the American aDows a 20 minute time frame for blasting. Flaggers stop Association of State Highway and Transportation OC~icials ~ffic on both ends of the project, sound a warning horn for f (AASHTO , tradin ve minutes, blast, then remove any debris on the highway and ) g information with other states about what reopen the highway to traffic. If the 20 minute deadline is not works and what. dcesn't in the particularly intricate field. But often as not, Sarganisserves to train other state offcials at met, the conswetion company is fined. Fortunately SEMA workshops, sharing Colorado's recipe for success. Construction hired Yenter and Sons Blasting, Ine. of Morrison, Colorado. Yenter's explosives expert, Glenn Westrnan, Computers are part of our daily lives, but for estimators, Performs the intricacies of blasting like a highly skilled brain automated computer analysis is at the heart oF the operation. S"r8eon operating on a patient. Without Glenn's knowledge Ask some questions and you will hear buzzwords such as and skills, the blasting could have been much more disruptive. "BAMS" (Bid Analysis Management System), "regressional So far, the blasting operations'have not kept the highwvay analysis," and "cost-based estimation." closed for the fu1120 minutes. Yenter and Sons Blasting, Ine. ' and Glenn Westman are to be highly commended for their Translated for the rest of us: various technical methods efforts. are combined with solid engineering judgment to give each continued next page. project its due. At CDOT, the formula is working. Page 4 , CDOT engineers agrced this would bsnefit everyone and plans were rewritten to allow the tiax _ culverts. So far, 620,000 cubic yards of excavation material have been removed. This converts into 21,000 Yruck loads which, when put end to end, would cover 119 miles, a little over the distance from Denver to Pueblo. Without the tox culverts, traffic would have been stopped more than 42,000 times to allow the large - trucks to cross baek and forth across U.S. 285. Engineers figure about 160,000 yards of excavation material still must be to removed. k~, y ; , - _ • • ~V a• ~ Another big change for drivers on U.S. 285 ~ ? ~ . ~ , ~ n~~',,~;,~ ,.4 is.the temporary realignment of U.S. 285 and the North Turkey Creek intersection. Realignment of the • s ; ~ c~ , a ~ Y ; r highway and inteesection will allow room for a new 61, bridge. Vdhen completed, U.S. 285 will go over 1Vorth Turkey Creek and on and off ramps will talce traffic to 4e~..~~d ~d . . . . nt.~,? _ .o. : . . . . and hom IVorthTurlcey Creek Road. ,lsuae 1948: I,awrenct CoeasePaactdoes Conepsany (Littledoea) builcls tle oregdnad raPCla cuddert Much more worlc and activities are yet to be done, eaeader U.S. 285 ad North Trerkey CP¢ek Road however, SEMA Construction and CBOT are optimistic and feel that construction will be completed long before the During the course of building a highway, engineers scheduled spring '96 completion. can encounter many obstacles. With the U.S. 285 widening, one concem was the constant removal and relacating of al. ..How d excavation materi owe mve usan f i o tho ds o cub c yards of dirt and rock, taking it from one side of the highway to the other side without numerous traffic stops?" ~ U'T9s Europe Ed Anderson, SERRA's U.S. 285 pmject manager, E progosed the building of two temporary box culverts under Lab0ratO ~~~~ops U.S. 285. The temparary box culverts, located in two different locations along the project, would allow equipment to haul ette]~° As halt 1VlixeE under the highway. This idea would eliminate any traffic delays and allow the contractor more production time. Asphalt repaving on Colorado highways has improved with special location-specific mizes, thanks to research and applications by the Colorado Department of Transportation's European Laboratory in Denver. Editor's Note: The August 1993 issue of ~ MILESTONES introduced readers to the equipment the Colorado Department of Transportation imported from France, Germany, and (from stateside) the state of Georgia as y an initial step in the evolution of better asphralt for Colorado. As information is shared, other states also benefit. This drticle is an update answering the question: "What has CDOT s ~ European Lab done the past two construction seasons to test equipment and asphalt mixes; and to make a quality difference Q9n 86st Curr¢ot8 pPOjtct, SEMfA Consdnectaon, Inc. (Englewoocd) in the way Colorado's roads are repaved?" exdencPs 8he arch cuddert 89 I12 jeee on 89ae tQasB side aoad 126 jeet oea t0ae wes4 do caddoW jor U.S. 285 wddeuadng. Tlee arcls thad North corsdanteed oea jxag¢ 7. TA6PtYCy CPeetlflOtb'S tdSPOldgA6 AS 20 fetd 08CgO8 l6YBd 25 fCet WldC. Page 5 s ~ ~ WASHINGTON UPDATE by Marge. Price L'enton, Mields, Reisler & Cottone, L4d. It now appears that House and Senate Republicans, despite their best efforts during January, pmbably won't complete work on their budget package and spending cuts proposals before the White House delivers Ilts pmgosed Fiscal Year 1996 budget to ~ Congress. The date for the Administration submission is February 6 as set by law. New Republican leaders were hoping to complete work on a set of pmposed rescissions (cancellations) for the current year and new multi-year pmgram plans before the State of the Union Address. This is an ambitious goal in any year, but too much amid all of the other changes going on this year. Congressional appmval of a FY 1966 budget is now promised by Apri1 15, the usual date set for such action each year. Timing is more important to those of us trying to plan at the state and local level than it is in Washington, since Congress has the final say on spending and taxes. However, the April date would mean that appropriations subcommittees can go ahead ~ pretty much as in previous years to schedule hearings on their FY 1966 spending plans. In the absence of early information on targets, we will have to monitor Appropriations Committee action on rescissions. ~ Committee members are charged with coming up with a rescissions bill by February 15. This indicates that they are not waiting to ~ see what the Administration recommends in its budget. There's no target yet for U.S. Department of Transportation rescissions and ~ DOT departmental budget limits for FY 1966, because House and Senate Republicans are still working on the overall targets that ~ will mesh with their plan to balance the federal budget by 2002. ~ i The following information on options being considered in Washington should not stop any state or local agencies from ' pursuing federal pmgrams currently in place at least undl some changes are farther along than they are now. Citizens of every state are continuing to pay monies to the federal government which are planned for transportation programs. We would be remiss if we did not apply for and work hard to get our fair share until there is an alternative in place. We know that the Administration budget will reJiect the $6J BiUion in cuts over five years which the President pledged before Christmas. If that is all that is required, the cuts for FY 1966 would not have to be deep ones. But the Republicans have said they want savings up front in their budget balancing effort and that means heavy cutting when applied to slow-spending pxograms such as highways and transit. One potential alternative to spending cuts is the effort by House Transportation and Infrastructure (formerly Public Worics) Committee chauman Bud Schuster (R- Pennsylvania) to shift the transportation wst fund programs oR-budget and out from under the spending ceilings of the budget and appropriations process. This assumes that the programs would be paid for completely from independent trust fund revenues, those user fees now in place for motorists, wckers and airline passengers. There is no sign so far that planners in U. S. DOT are making this "off-budget" planpart of their submission to the White House. They are not yet taking steps to privatize some of the programs mentioned earlier for such treatment such as air traffic controllers but privatization is expected to be talcen up later this year. If U. S. DOT puts forward a plan for state levei infrastructure banks, it will likely place about $2 billion in it as seed funds. And the agency will have to decide what rules should apply. Advocates of this plan say that states could leverage bank funds four to ten times. State officiais could also stretch dollars if they are able to ignore some of the requirements that apply to existing federal- aid highway and transit programs. A series of block grants given to states for transportation and other uses is being proposed to some state.and local government Page 6 continued next page. e ~ associations. The Rtational Governors Assaciation has asked Nefor comments on these opaons which would give more ~~~~k~~~ flexibility to states and less money. It would also, some observers caution, raise the donor state iss~ae to a new level of During 1994, while CBUT's materials lahoratory was concern if fonnulas now in place are attached to block grants. evaluating Eurogean equipment and testing asphalt mixes from 'I~e formulas have not t~en u~ated to tal~e into account ~e lab as well as actual highway construction projects, another changing growth patterns in the South and Vdesk For ~h~e was acquired which analyses the effece of temperature Colorado the growth issue is hecoming more of a concern all onasPhalt. the time. Low temgeratures cause roadways to crack transversely, from left to right across the traveled way. A EuropeQgAg jLab ,,,~~ndn~~dfrom pgyge 5: machine called the Thermal Stress Restrained Specimen Test j~~~~ground simulates winter's cold, so thae a cylindrical core cut out of a roadway or an asphalt samplemixed in the laboraeory can he In September 1990 a team of pavement specialists chilled in an environmental cabinet and put under stress until from the Unifed States participated in a two-week tour of six it brealcs. Some of the earliest faeld samples wece taken from Eurogean countries. Asphalt roadways throughout Euroge state highways near Creede, Holyoke and Farisita where show longer design lives; consequendy, the Eurogean Asphalt roadway surfaces showed severe transvecse craclcs. Study Tour included representatives from the American The new device helps engineers find problem areas, Assaciation of State Highway and Transgartation Officials, the Federal Highway Administration, the Transgortation Research test new mizes, then write specifications for asphalt mixes that Board and others. will last much longer in particular locations. Following the tour, two lalmratories were established WhY ~~~er~~~~ 25 AsPhalt Wels I{,ast IL.ongerr .in the United States whose goal is to leam about and appiy technologies and testing equipment develoged in Europe. Colorado's Interstate 25 carries a high volume of Colorado was selected along with the central Federal Highway traffic along the Front Range. During the 1994 constructio.n Administration laboratory in McLean, Virginia to introduce season about a sixth of its distance was repaved with asphalt, and evaluate much of the equipment. amounting to 50 of its 298 miles. RTine projects costing about $21.3 million were paved with 425,000 tons of hot bituminous Team members learned, for example, that the city of pavement Hamburg, Germany (world's fourth largest seagort) has virtually eliminated rutting on its streets. A key factor in this 'Ihe European Lab helped each project get better success was development of the Hamburg Vdheel-Tracking durability by testing field samples as construction was Device, which tests asphalt mixes under water. CDOT uses underway. this machine, along with various mixers, compactors and rutting testers. One of the better examples of cooperation between a contractor and CDOT project engineers occumed on I-25 north i~ - F• `~o o of Monument Hill. Schmidt Construction Company of . Colorado Springs taok a significant interest in the quality of the asphalt mix used on a 7 1/2-mile segment, and even t volunteered to shut down the projece over a weekend while ~ y labaratory technicians tested field samples and develoged a better mix. On this particular segment the mix was improved with a change in the sizes of aggregate (rock) mixed with the ~ . . • . , . .__1- , asphalt cement (the binding agenf in blacktop). IL.a~-taFie0d Speciafl Muxes r „ The European Lab prepares sgecial design mixes in the laboratory for some highway ldcations. Two examples CDOT''s ErePOpean d.abovadoPy 8ests BOa¢ affects oj condiasued on Yach cob¢P d¢mptvndtePe oes aspDeadB aasing BDais sp¢cead c6eambeP. Page 7 ~ during the summer 1994 construction season were S.H. 119 company cost. SinclairRefining, Koch Materials and Conoco ~ southwest of Longmont and U.S. 85 south of Brighton. AsPhalt donated the chemical binders used. Brannan Sand & Gravel Company (Denver) donated trucks and personnel to "Stone matriz asphalt" is a long-lasting miac used in help reduce costs even further. In all, industry donations Europe. SMA specitications were developed for S.H. 119 contributed about half the cost of the intersection improvement repaving between Niwot and Longmont. While a standard mix pt'0jecL of aggregate might contain half rock and half sand, the SMA CDOT's Tim Aschenbrener, European Lab manager, mix contained about 70 percent of rock in its aggregate, designed for better durability and rut resistance. Engineers emphasizes that the "constant" in the lab's operaeion is will monitor the roadway wear to assess its performance. continuous change. "We learn something on each project," says Aschenbrener, "to improve the quality of miz for that The asphalt industry and Colorado Departrnent of Particular project, or to enhance CDOT miz design Transportation will be watching the U.S. 85, 104th Avenue specifications in the future, or both." intersection in Adams county where a joint pmject placed a special asphalt mix recommended by the nadonal Strategic Highway Research Program. A five-year performance analysis i nderwaY foll win8 Place m s u o en f mix wi t o a th about 70 rcent rock and special Po1Ymer-modified h asPalt binder s <»::.::::::>::::::::;:::;>::><::>. Pe :>:~:>35:: ::>`<:<:::::;:; whi h will hel hold i c p t together. A broad-based cooperative "::'yA::i+it~~:lr1f:,.;:: ~ effort arranged through the Colorado Asphalt Pavement .:>:;>::GUI>~0lli~iiltitla':;~cl~0ir:»:<::«:>:«:::::;_; Association brou8ht desi8 8 n and construction efforts to ether. ~ Bituminous Roadways of Co1 w orado, based in Lakeood, fit t he work into an already busy schedule and performed the work at The contents of this newsletter are not copyrighted and may be used freely. Where appropriate, please credit CDOT. COLORADO DEPARTMENT OF TRANSPORTATTON MILE S BULK RATE 4201 EAST ARKANSAS AVENUE DENVER, COLORADO 80222 U.S. POSTAGE (303) 757-9228 PAII) PERNIIT NO. 738 Denver, CO iN nHis issuE: ? Archaeological site in Denver ? Model airplanes ? CDOT cost estima4ing Mayr,r af Va i 1 X~: C&1,~ 75 S. Frontayc Rd. West ? U.S. 285, JeHerson V a i 1. G D 81657 ~8~fo h1~- county , ? European Lab ° . ? Washington Update • C~ t ` 01 ' ° . ' ~ ~ ~ : ~ ~;l . ~ C~~or~80^°• . UTILITIES DEPARTflAEWT February 9, 1995 ,4dministration 1470 South Havana Street Aurora, Colorado 80012 303/695-7370 Dear Concerned Citizen, 1995 marks the third year of our special west slope program. I thought you might appreciate receiving a summary of some of the significant achievements from the past couple of years. For the benefit of those receiving our correspondence for the first time; I am also providing a brief history of our involvement in the west slope. In 1956 the Cities of Aurora and Colorado Springs purchased water rights on Homestake Creek and some of its tributaries. Eleven years later; Phase I of the Homestake Project, located in Eagle County, was completed. The Cities p(anned to develop the remainder of their water rights as Phase II of the Project in the years ahead. Later, during the process of designating Wilderness in Colorado, Congress acknowledged the Cities' water rights and -included an exemption for the development of Homestake Phase II in the 1980 Colorado Wilderness Act. In the years to follow, the cities obtained the federal and state permits required to proceed with Phase II of the Project. The final step was to obtain a special land-use permit from Eagle County. In 1988, Eagle County denied the 1041 land-use permit for the Homestake Project Phase II, in part due to the local opposition voiced at public hearings associated with the permit process. That decision is under appeal. The 1041 permit process served as a catalyst for the City's effort to focus and improve our relations with the west slope. In 1992, we hired Larry Brown, a long-time west slope resident and former Grand Junction City Council Member, to act as liaison between Aurora and the west slope. Larry developed great familiarity with the west slope in working several years for the Colorado River Water Conservation District and Club 20. At that same time, City policy makers expended considerable effort to revise the City's WaterAcquisition and Development Polrcies. These revised policies call for a more collaborative approach to water acquisition and deve!c^n:ent v.~;:_:, ....,,....*,a~..1'i ,y r~• poss:ble. The r;;;lOSO~ihj' 1S that, ~enera,l„y, .,o~~,l.,iv of matuali beneficial efforts is a better use of resources than lengthy, divisive, and costly litigation. Mayor Paul Tauer, Doug Kemper, Manager of Water Resources, Larry Brown aad I have been to the western slope dozens of times visiting with many people on a variety of issues. Through . these visits, and interviews conducted by Larry Brown, we have learned that a large majority of individuals expressed a strong preference for cooperation between their.local government and other entities such as the City of Aurora. We have met with a good number of you and have interviewed more than 100 decision-makers and activists from around the state, but mostly in Eagle County. Our objectives are, and always have been: ~ ~ • To establish and strengthen communications with people on the western slope; and, • To explore the possibi(ities of mutually beneficial water projects. As a result of our efforts and improved dialogue, Aurora has: Approved two water agreements with several entities in the Eagle Valley. The agreements will enhance late season instream flows in the Eagle River. These agreements will not result in any increased diversions by either the Vail water interests or Aurora, and will be for environmental enhancement. Accelerated and expanded our program of improvements to Homestake Reservoir and related facilities to make it a greater asset for Eagle County. Aurora has already completed a number of environmental and aesthetic improvements to the area, and is working diligently on its second-five year phase of improvements. The City invests more than $50,000 annually in improvements to the area. Aggressively supported and participated in the creation and operation of the Eagle River Assembly as a group of inbasin and outbasin water providers sharing information and eYploring opportunities of mutual benefit and collaboration. We are pleased to be cooperatively exploring better water management opportunities with the Vail Valley and western Colorado and hope these efforts prove beneficial. Enclosed for you review is a brochure on the Homestake system. I will continue to send you information on our water system and our partnership with the west slope. Additionally, we are available to speak to groups about matters concerning Aurora and the west slope. In the meantime, please do not hesitate to contact me or Mayor Tauer if you have any comments or questions or need additional information. S:r.ceret., ~ . Tom Griswold, Director of Utilities I ~ pV\Ol ~ e_.~ . ofrf wnrn ~ xou rauSe O DII III.4.NL1f AqEA AVDtlUM[D7ApE IYOSS G~ gmpa IA111E1110f1fY9TCq Ci. Ts.lu-np ILLl Ca arroI / \ noarx ioxu ^ ~ . > xes[atuie ~ xoMrstiat ~ it / ocs. i ~ srnom4 nyyiuu[ Leee.m` T sramcs ~ U01 ~ TA9qYLLl CNF[tl 0[S[YIOIA / CME[SM VI ~ f01\ IlClS idryl., IDDI[ fONY UILE A~pre I ' YL1Y9101q ~ saaa vurtc WI Ttl fUpC S~I\\I.1 NT. 911I8 ~ numoia , \ 1I11 MII I • ~•r.•. . Of(NU fA\IO\ \ II MP ' PL\fP101tl Y`I/h..,' ' . . . ftmo' AInxu 1 NI~l6~~~~¦ i.~ , ~ •.K.i~~ ' .i, . ~ ~ µt~~~ o.u.... . ~ r ,j; - , , . knnA»UUU~n +r..., e.,...w ~«..m. s a r: . ' ~a OIIDfNYClS P . ~f~, ~'~1~•~~'•~~Y•,' ' • ~8[~ ~.$~`b'~. ~ • ' . 9 . . . i . ~ . _ : • . ' . 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Ili, .nion Siir Prim In Impro.-,rnn TOWN OF VAIL Oki: 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 CONCERNS WITHIN FIVE WORKNG DAYS AND RETURN THIS COMPLETED FORM TO PAM BRANDMEYIIZ DEPARTMENT TO HANDLE INQUIRY P1t a ND=UAL TO HANDLE INQUIRY DATE TOV RECEIVED INPUT/INQUIRY. d 17-46 TYPE OF INPUT/INOUIRY: PHONE CALL (indicate date) LETTER (attached) 7- W -d~ RESPONSE CARD (attached) TYPE OF RESPONSE (check one).- LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONSE OR ANSWER TO 11VOUIRY: DATE OF RESPONSE FORM RETURNED BY DEPARTMENT TO PAM BRANDME-YM-. A copy of this inquiry and form will remain on file at the TOV Community Relations office. As soon as this form is returned to Pam Brandmeyer, this inquiry will be considered dosed. THANK YOU FOR YOUR TNIELY HANDLING OFTHIS ISSUE 1F YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE To CONTACT PAM BRANDMEYER AT 479-2113. = r" ~ February 3, 1995 Vail Town Government Ms. Peggy Osterfoss, Mayor 75 Frontage Road Vail, Colorado 81657 Dear Mayor Osterfoss: On Saturday, January 21, 1995, I had an accident while skiing on your mountain and was briefly unconscious. As I was unable to focus enough to ski down the mountain, my husband took me to the Vail Ski Patrol. I knew that I had hurt my neck; and after briefly spealdng with me, the Sid Patrol secured my neck, strapped me inta a sled and quickly took me down the mountain to an ambulance. While I was not fully lucid, I was aware enough to know that they were very skilled and apt at what they do. They were also very kind, courteous, and attentive. My husband later remarked that they were amazing in thF way they that brought me down the mountain - very impressive. My experience at the Vail Valley Medical Center was equally impressive. The medical staff and Dr. Woodland were very efficient and effective. I was concerned that I had broken my neck and they were kind and supportive. I was examined immediately and treated within a relarively brief period of time. Fortunately, my injury was not serious. I am very grateful that I had my accident in your fine town, where the quality of services could not have been any better. The attention and services that I received were of an exceprional nature. My husband and I will soon return. Very Sincerely, Theresa Hernandez -7 73; ~ , . ~y . r Cp,V E R c R tt R E CLi 7 Q _4 ~ oi.i• . VAL VAUH BRAVO? ~OLORADO MUSg~ ~~~AL NEW ~~~~~STRA Moving forward in the ranks of the musical world, the Bravo! Colorado Music Festival , has chosen the Detroit Symphony Orchestra for its resident orchestra. Succeeding the Rochester Philharmonic Orchestra, the Detroit Symphony Orchestra is celebrating its 81 st year with renowned Music Director, Neeme Jarvi. They are heard live by over 450,000 pEop'ie annually during their year-round perFormances making them the most widely heard . symphony in the United States. They join Bravo! during Season Eight of world class chamber, orchestra and jazz music from. July 1-August 6, 1995. For more information, contact the Bravo! Music Colorado Festival at (303) 476-0206. CARP]EN']['1ER/]PHE'qN]EY BIKE cCAMPS ~ELEBI&A'g'E 10 1'EARS Returning for the fifth summer to Beaver Creek Resort and celebrating their l Oth anniversary is the internationally acclaimed Carpenter Phinney Bike Camps. Led by 1984 Olympic Gold 1Vledalist, Connie Carpenter and 1984 Bronze 1Vledalist, Davis Phinney, the camp heralds world-class instructors. Designed for recreational riders, the road bike camps are perFect for any cycling enthusiast. Daily rides include excursions to Camp Hale, Vail Pass and the town of Eagle. Both Connie and Davis are very hands-on throughout each session; the first camp is entitled the "Go Fast Camp! whrle the second is called the "Standard Super Camp." The first session will emphasize improving speed techniques in time trials, training rides and races. The second camp focuses on riding skills, small group rides and confidence building. The.lodging is provided by the beautiful Pines Lodge overlooking Beaver Creek Resort and activities are available including horseback riding, golf, hiking, mountain biking, shopping and plain 'ole relaxing. Space is limited to 50 riders per camp at a cost of $1,139 for the five nights and six days. A typical day would include a 3-4 hour ride, workshops, seminars and nightly lectures. Campers receive a camp notebook, video and T-shirt. 1VIea1s are also included. For more detailed information, contact (303) 442-2371. ClE][.TIC IFEST7[VAl[., AIIDDS A .DgG 'g'O \VVAIDL°~ SUMM1ER tCAl[.IERIDAR Adding an exciting new event to the Vail Valley summer calendar this year is the Vail International Celtic Festival September 22-24. The combined event promises to be the la.rgest festival of its kind in North America this year. With peak foliage and charming Vail Village as the back drop, this celebration of Irish and Scottish heritage is expected to draw between 30 and 60 bagpipe bands from throughout North America for the competition. Some judges will be provided by the Royal Scottish Pipe Band Association from Glasgow, -more- ? Summer Tips--2/95 2-2-2 ' CELTIC FESTIVAL ADDS A JIG TO VAIL'S SUM[MER CALENDAR (cont.) Scotland and the pipe band competition will be sanctioned by the Western US Pipe Band Association. Other events during the festival will feature a gathering of clans and traditional Scottish athletic competition, including the Caber Toss, which requires participants to throw and flip a log approaching 20 feet in length. The largest Irish Dance competition outside of a World Championship rounds out the festivities highlighting graceful, leaping dancers and festive music at the Gerald Ford Amphitheater. For more information, contact the Vail International Celtic Festival at (303) 845-9150. RUN FOR THE HILLS RETURNS TO VAIL JULY 15, 1995 After a successful inaugural race during the summer of 1994, Run For the Hills returns to Vail Village on Saturday, July 15. Joining its sister event, the Snowshoe Shuffle which takes place March 11 on ]Beaver Creek Mountain, Run For the Hills has raised over $10,000 benefiting breast cancer awareness. For more information, contact Vail Valley Medical Center community relations office at (303) 479-7260 or Computers on Move (303) 328-5680. Upcoming Vail Valley Summer Tip Sheet to inclzide information on Y'ail Valley Festival of Flowers (June 23-July 8), Americari Cycle Classic (Jutte 8-11), Vision Photography Workshop (July 23-28 and August 5-6), and EXPLORE (September, 1995). If rnformation is needed soor7er than irext motrth, contact the L'ail Valley Marketing Board public relations office at (303) 845-5723. CR~,.~:. ~ - ~ • . . . R . . ~ . ~ ~ - ~ ' Q'i ~ - ~.~'J. - • ~ ~ . ~4 ~ u , , ~ ~ . . ~ ' - ? ~ , ~ , . ~KIV~[~ ' • ~ . . . : . : fl9:°S VA?JL VAL]L3ET,SUMM cGAILENbAR OIE 19VET17['S ~ • - . ~ - - ` ' t'(HDaees seebj¢c88o efangb-- Eakdpdated -1?ebwaaey 51 1994 ~ - . - • ~ . . • I,N,[AY! - , . . • _ , " . , • ' , • - i ' • , ' , . Betry Ford.Alpint Gardens npeu daiiy r, . lFail, " • , 20&27- ,Yb'alFantasyfiiel£Sfiootout. Vait. ' - , " 27-28 'ChafUpion Iniemational Whitiwater Series, . ~ - Canoe 2nd itayakraces. _ '27-28r , $obfest - - ' :.-Avon . . . . . ~ $eaver Cretk Centennial Expres's and ~ . • . - . . _ S . " ~ I:ionsliead Gondola - open weekends only until Jane 17th . . _ , _ , . . . • , ~ , . ~d'1IRV~' . _ . . - ~ i 1Faiyantasy Goif 5hrio,ibut"=` , _ • • ~Va1 , ~ , ~ _ i ~ 4-14e ' "SgprtingCloYs Wjeeks ~ a-n• - ~ • Arfieiican:Eycle qassiFlGrudaig txlorl¢cup. Vail • • • ~ - . I0-July9 .`Va&Valley_FestivaYo~Fl'otvets:' 'VaifYallgy . ~ i .11-17.~ _ SgyoRingCtays1 .Weeks ' - Wolcolt , - ~ . , 17' . , Lionshead Gondola.and CentennialEzpress,npen daily ' . 17.24 . Vail F3niasy Golf Shootout Vail . . ~ is-za; ~ . ~ Golcweeki Fawaras 25-• ' $eaver Creek Home Tour- BeaverGreek__ - ,)[T&,1'' . - , : ; " ' ' _ .i t Aug, 6 ` `Hmvo!'Colorad9 Music _Festival' . _ ~7ai1 Vailey' _ • ~ , . • ' 349 '$olshoi Ballet Addemy at Vail Vail' _ . ~ 4 ^ . _ Salpce to the LSSA ` 'vail:.: ~ ' - . 8-4 Veil'Arts.Festival5 ~ ' _ • • `>LionShead . • . . . , . , . 14fidsuinmu Night Beak4.Va7`t11pina Gacdens ' Vail ' , ~ ' IS • Aun for tlie Hills' SK and Wa1k. Vail _ - ~ - • • - 1 - 24-24 Qenerations Vail . . ~ Timtnie Fieuga'Wountain Hile'Express-f-hallenge Ride ~ Vail V[3IOI~IE119tography.Workshop . , _ 'Vail;Valley: , . ~ AQJGUST Si • VLSiON khoCQgraphy~orlcshop Vail Valley - _ - "i Triple Crown 4-bn4 Volley6allrT4wnament - • `.Avou . , . " . - ~ . . < _ i • - . ; 1143,16, 15- HoLstwi Balfa Acadeifty at~Vail performan~s~ = Vail 12=13 Heavei Creek Atts' Beauer Creek . . : , - 13-15 Jeay £ord Imitatlonal Golf Toumaiqeat, , ' r. V2il Valley 14 Ford and Friends coiicert": ~ - ' _ Vail ' .19-20 a IniemaFional Enening of Dance peifotmances Vail. ' ' ~ . _ . - • . _ I :1~• f r i ~ ~ - . . ~ ` j 1 ~ • ~ , ' ~ •Y _ ~ -PW . . ~ . ~ . . . • a , 1 • , _ . - . ~ . . • ~ ~ . . • - . ~w . _ ~ • _ r' - , ` • ~ ' ' ~ . t ~ • - . l . . . . " . . • . f . ~ ~ . . ? ~ . ' ~ . ~ . . . ' • ~ ? • ` . . ' ; • , 1- . , ` . , . . ~ - , 'F-g~ • - < - . ' . ~ ~ ~ ' , : • ' , ~ • - . . . , ' • . ~ . . ' . • ~ . S~~~IN,C~F~;~.. • . ~ . . : - . - • " 9 Hesner Crees Ctflinary Eestival . Beaver C[eek ~ ' . - 10.16 EXPLOFfE= $eaverCceek $;aHalla.`F'ameCiolfjind'Cennis.Tcurnament .15-17 ' . ' VO Fest - Otdolae[festival ' Vail • ' . . 1741. Csolf Weeks Vafl Valley ~ ~ 22-24 ~ Vail tnterriational Eeltic Festiyal - Vail , • - _ " , ~ ~ • ` . ~ _ ' . . . ' . ; . _ . , . . , r , . , . _ . . . . , . ~ + - . • • t . . ~ . . , . . . . . • . . . ~ - . . . . . , . . ' • ' . - . ' ' . . ' ~ , f 'I~ . . . . . . , _ ~ . " . • ' ' ~ ' ~ . , . . . ` ~ , ~ ~ ~ ' - • , , - ' j . , . . . . ' , ' . _ " • . ~ ~ , ~ ~ . " . - . . Y . . , ' ' . ~ _ . . ~ . ~ . I . I . i . . - ~ . Y . . i , _ ~ . . ' , . . , ? ~ ' 'i ~ . : : . j . ' ; - ! . ' • • i~ " . ~ ' , ~ . , . , . • : . . . . . - . • . . , . ~ . . , ~ . - . . . . h . , ` . . . • ' . Z ' ~ . . i . ~ ` ' , - ~ ~ ~ , . ~ ~ . . ' ~ . _ _ . ' • . ~ ~ ~ - . . - 'L. . ' . , . . ' ' . ~ y_ . . • . " - : ' . . ' . ~ " ~ , - . . ~ _ ' . ; ~ . ' , . - ~ ' _ , ~ . . . ~ ` . 4 ' t . ' . . . ~ . . , ' , i . i . ~ ~ r ' . . , _ . . . ~ . • w c. x. TOWv OF VAIL „ 7-?-yw Input/Inquiry Response Record w , . . , . , . ~The attached comments were recently received by the Town of Vail. We encourage Vail residents and guests fio give us such input and dve strive for timely gesponses. PLEASE ADDRESS THESE CONCERNS WTIFUV FIVE yVORKING DAYS AND RETURN THIS . CONYPLETID FORM TO PAM BRANDMEYIIZ. DEPARTNTENT TO HANDLE IIVQUIlZY IIVL)NIDUAL TO HANDLE INQUIlZY . DATE TOV RECENID IlVPUT/INQUIlZY d' ~7 ' 4 S . TYPE OF INPUT/INOUIlZY: ` PHONE CALL (indicate date) ~ LETTER (attached) (9t&At ~ ~8~ . i RESPONSE CARD (attached) ~ TYI'E OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONS OR ANSWER TO Il~TOUIRY: DATE OF RESPONSE FORM RFIURNED ByD~~RTMENT T0 PAM BRANDMEAIR- A mpy of this inquiry and form will remain on 61e at the TOV Communiiy Relations office. As soon as this form is returned to Pam Brandmeyer, this inquiry wili be considered dosed. THANK YOU FOR YOUR TIMELY HAND[.IINC OF THIS iSSUE IF YOU HAVE ANY Q[JESTIp[VS, p(.FAgE FEgy FREE TO COM'ACT PAM BRA W MEYER AT 479-2113. 'j ~ d HOWARD H. TORGOVIE ; February 4, 1995 Ms. Peggy Osterfoss Mayor Town of Vail 75 South Frontage Road Vail, Colorado 81657 Mr. Mike Mollica Community Development Director Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Pegg.y and Mike: Enclosed is a recent conespondence to Vail Associates highlighting some of the design concerns that Northwoods Condominium Association has regarding the proposed Golden Peak redevelopment plan. As the Chairman of the Northwoods Condominium Association Golden Peak Redeveloprrjent Plan Committee, I would appreciate being notified of any meeting in which the redevelopment plan is a topic of discussion. Please direct conespondence to my office in Denver, 1020 15th Street, Denver, Colorado 80202. My office telephone number is (303) 629-7200 and my Vail telephone number is 476-0183. Very truly yours, ; Ho ard H. Torg ve HHT: mg Enclosure cc: Arturio Brillenbouger 102015TH ST., SUITE 302 • DENVER, CO 80202 •(303) 629-7200 • TELEFAX (303) 825-6941 a HOWARD H. ToRGOVE February 4, 1995 Mr. Andy Daly, President Vail Associates P. O. Box 7 . . Vail, Colorado 81658 Dear Andy: As we have previously discussed, I have been appointed to chair the Golden Peak Development Committee for the Northwoods Condominium Association. The Northwoods Board had several concerns which have either not been addressed or not been addressed satisfactorily by Vail Associates' architects and planners. Among those concerns are: l. The location of both the automobile and bus drop off areas (Northwoods residents would prefer to flip the location of those drop off areas as shown on Vail Associates' plan so that the bus drop off area would remain in approximately its present location and the automobile drop off area would be located to the West of the bus drop off area). 2. No apparent plans have been made for pedestrian traffic to allow Northwoods residents continued access through the development to the core of Vail, consistent with the existing pedestrian walkways. 3. The Vail Associates plan did not include any continuation of the pedestrian walkways so as to better connect Northwoods development to the Golden Peak development. (Also it is very dangerous to walk from the-existing bus drop ofr area to either Northwoods or the soccer field parking lot along Vail Valley Drive. Vail Valley Drive is barely wide enough for two automobiles, let along automobiles, buses and pedestrians, often walking in ski boots on slippery surfaces). 4. When the Northwoods residents agreed to the development of the Ford Amphitheater, they were promised enhanced pedestrian lighting along Vail Valley. Drive. To date, that enhanced lighting promise has not been kept by either the Vail Valley Foundation or the Town of Vail. 1020 15TH ST., SUITE 302 - DEPlVER, CO 80202 - (303) 629-7200 - TELEFAX (303) 825-6941 • ,.i J ~ 5. The Vail Associates plan for Golden Peak did not include the exact location of the relocation of the puma lift (we need to discuss how this relocation affects skier and pedestrian access to and from Northwoods, as well as the creation of any , inconvenience due to noise or lighting to Northwoods residents) 6. At present, the persons parlcing in the soccer field parking lot (primarily Vail Associates employees) trespass over the Northwoods property; rather than using Vail Valley Drive. In spite of gates, signs and personal challenges from the Northwoods managers and owners, your employees and others refuse to walk around Northwoods, instead of througtt ~it. Perhaps there is something you can initiate immediately to alleviate this problem. On balance, there are many exciting aspects of the Vail Associates' plan which the Northwoods residents should support. However, the Northwoods residents need the resolution of at least the items listed above, before we can wholeheartedly endorse the development. Very truly yours, Howard H. Torgove HHT: mg cc: Arturio Brillenbouger ' Roberto Aguine Peggy Osterfoss Mike Mollica i TOWN OF VAII, ~+do ht,~ Input/Ialquiry Response Record ~The attached comments were recently received by the.'Town of Vail. We encourage Vaii residents and guests to give us such input and we strive for timely gesponses. PLEASE ADDRESS THESE CONCERIVS WITHIN FIVE WpRKIIVG DAYS AIVD RETLTRN THIS COMPLETID FORM TO PAM BRAIVDNEyER. DEPARTMENT TO HANDLE INQUIIZY ' . IIVDNIDUAL TO HAiNDLE IlVQUIRY ~ftC. l~iEt~O-d-vx~ DATE TOV RECEIVEll IlVPUT/IIVQUIlZY ~'~7•~i5 , TYPE OF INPUT / INOUIIZY: A PHONE CALL (indicate date) LETTER (attached) ~ _~'~-~C- ' X C ~ {~6~J ~C . ' RESPONSE CARD (attached) I TYPE OF RESPONSE check one : I LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUNTMARY OF RESPONS OR ANSWER TO T1V0 TiRY; DATE OF RESPONSE FORNI RETURNID BY DEPARTMEN'I' TO PAM gRAi~NM"YIR- A mpy of this irtquiry and form wi11 remain on file at the TOY Communify Relations of6ce. As soon as this form is retumed to Psm Brandmeyer, this inquiry will be considered dosed. TFiANK YOU FOR YOUR TlIvELY HAiVDI,II•(G OF n-IS LSSiJE IF ypU (-(qVE pNy QZJESMONS, PLFASg FEEI, FREE TO CONTACT PANt BRANDMEYERAT 479-2113. i 1 I;i.iLLC~, . : l i ~ ~ '1 i 1','t . OFFI(._ EAGLE COUNTY, COLORADO February 10, 1995 A Vail Town Council 75 S. Frontage Rd. W Vail, Colorado 81657 \ ' Dear Council Members: \ ; Eagle County is interested in combining efforts for joint purchasing of supplies such as office, computer, janitorial etc. and consolidation of certain types of purchased services. We feel that such a venture would save taxpayer money and also enable us participate in special programs offered to larger corporations and municipalities. If you are interested in a project of this type please contact our office at 328-8605. Sincerely, es E. J hnso Ch ' Eagle Board County ommissioners jd