HomeMy WebLinkAbout1995-03-07 Support Documentation Town Council Work Session IREVISED
VAIL TOWfV COUNCIL
W0R1C SESSI0N
TUESDAY, 6VIARCIi 7, 1995
1:15 P.M. IN TOV COUNCIL CHAMBERS
1. Site Visit - Simba Run (meet at TOV Municipal Building).
2. Site Visit - 967 Vail Valley Drive/Tract C, Vail Village 7th Filing.
3. Deck Lease Follow-Up.
4. Garton's Saloon Sign Variance Request.
5. DRB Report.
6. Information Update.
7. Council Reports.
8. Other.
9. Executive Session - fVegotiations (TOVNA)
10. Adjournment.
N0TE UPCOMING MEETING START TIMES BELOW:
(ALL TGflAES ARE APPROXIMATE AND SUBJECT TO CHANGE)
0000000
THE NEXT VAtL TOWN COUNCIL REGIJLAR 1NORK SESSION
liNILL BE ORI TUESDAY, 3/14/95, BEGiNNING AT 2:00 P.M. 16V TOV COUNCIL CHAMBERS.
THE FOLLOWGNG VAIL TO1AlN COUNCIL REG4JLAR WORK SESSION
liVBLL BE ON TUESDAV, 3/21/95, BEGINIVING AT 2:00 P.M. IN TON COUNCIL CHAMBEFiS.
7HE NEXY bAVL TOWIV COUNCIL REGl1LAFi EVENiiVG MEETING
NUILL BE ON TUESDAY, 3/21/95, BEGINiVING AT 7:30 P.M. OYV TO!/ COUNCIL CHAMBERS.
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C:WGENDA.WSE
REVISED
VAIL TOWN COUNCIL
WORK SESSION
T'LDGSDM9lly OtlAP1G7VH 7y 1995
1:15 P.M. IN TOV COUNCIL CHAMBERS
EXPANDED AGENDA
1:15 P.M. 1. Visit the site of the proposed major amendment to SDD #5 (Simba Run) to
Jim Curnutte allow for modifications to the previously approved development plan for the
Savoy Villas Development, located at 1100 N. Frontage Rd., in preparation
for the Town Council's evening discussion.
2:00 P.M. 2. Visit the site of the proposed Vail Land Use Plan change, from Park (P) to
Jim Curnutte Low Density Residential (LDR), located at 967 Vail Valley Drive/Tract C,
Vail Village 7th Filing, in preparation for the Town Council's evening
discussion of Resolution IVo. 5, Series of 1995.
2:45 P.M. 3. Deck Lease Follow-Up.
Christine Anderson
BACKGROUND RATIONALE: The Council asked for a survey of how
other resort towns charge their deck leases. The attached memo is the
result of this survey.
2:50 P.M. 4. A request by Garton's Saloon to proceed through the planning process with
Lauren UVaterton an application for a sign variance, to place a sign off-site on Town right-
of-way. 143 E. Meadow Drive/Lot P, Block SD, Vail Village lst Filing.
Applicant: Garton's Saloon, represented by Dave Garton.
ACTIOiV REQUESTED OF COUiVCIL: Approve or deny request.
BACKGROUND RATIONALE: Garton's Saloon is requesting fo place a
sign adjacent to their property on Town right-of-way. See the site plan for
the proposed location.
2:55 P.M. 5. DRB Report.
Randy Stouder
George Ruther
3:10 P.M. 6. Information Update.
3:20 P.M. 7. Council Reports.
3:30 P.M. 8. Other.
3:40 P.M. 9. Executive Session - IVegotiations (TOV/VA).
5:40 P.M. 10. Adjournment.
NO~E UPCOMINC MEET@IVC STa4F3T TI61AES BEL01AY:
(ALL TIMES ARE APPROXIMATE AND SUBJEGT TO CHANGE)
00 00000
THE YVEXT VA9L TOWN COUNCIL REGULAFi WOEilC SESSION
liUILL BE ON TUESDAY, 3/14/95, BEGINIVING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
YHE FOLL0INENG VAIL TOWR9 COUNCIL REGULAIR IAIORK SESSION
UNOLL BE ON 1'UESDAY, 3/21/95, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CFfAMBERS.
T9iE NEXT VA9L TOW6V COUNCIL FiEGULAR EVENI6VG MEE7IPIG
!A/ILL BE ON TIJESDAY, 3/21/95, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CFiANOBERS.
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VAIL TOWN COUNCIL
EVENING MEETING
II V.UEt7D/A61f y OVE/1RC6U ! y 1995
7:30 P.M. 9N TO!/ COUNCIL CFBAMIBERS
AGENDA
1. CITIZEN PARTICIPATION.
2. Consent Agenda.
A. Approval of the Minutes for the meetings of January 17, February 7, and February 21,
1995.
B. Ordinance No. 4, Series of 1995, second reading of an ordinance authorizing a first
supplemental trust indenture to the trust indenture executed in connection with the Touvn
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 supplemental trust indenture; repealing action heretofore taken in conflict herewith.
3. Discussion and first reading of Ordinance No. 7, Series of 1995, an ordinance repealing and
reenacting Ordinance No. 16, Series of 1993; an ordinance amending Special Development District
iVo. 5 and providing for a development plan and its conterrts; permitted, conditional and accessory
uses; development standards, recreation amenities tax, and other special provisions; and setting
forth details in regard thereto.
4. Revievu of Resolution No. 5, Series of 1995, a resolution mod'rfying the Town of Vail Land Use
Plan, changing the land use designation of Tract C, Vail Village 7th Filing from Park to Low Density
Residentiaf, and setting forth details in regard thereto.
5. Town Manager's Report.
6. Adjournment.
NOTE UPCOMIIdG 4V9EETING STARY T'IAAES BEL01A/:
(dLL T11dES dRE dPPRO)UfdATE AND SUBJECT TO CHANGE)
0 0 0 0 9 9 *
THE NEXT !lAIL TOWPI COUNCIL REGULAR UVORK SESSION
!A/ILL BE ON TUESDAV, 3/94/95, BEGIiVPIING AT 2:00 P.M. 9R1 TOd COUNCIL CIiAMBEFiS.
YHE FOLLOWOR1G VAIL TOWR1 COUNCIL REGULAR VI/ORK SESSION
WILL BE OIV TUESDAV, 3/29/95, BEGINNING AT 2:00 P.M. Itd TOV COUNCIL CHAMBERS.
YCiE NEXY !/AIL TOWN COUNCIL FiEGULAR EVENIIVG MEETING
WBLL BE ON TUESDAv, 3/29/95, BEGINPIING AT 7:30 P.M. IPd TO!! COUNCIL C6iAMBERS.
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C:WGENDA.TC
VAIL T01IVN COUNCIL
EVENING MEETIN
~
TUESDAY, , -2,1., 1995
7.30 P.M. IN TOV COIJNGIL CFIA1111BERS
EXPAfdDED AGEtVDA
7:30 P.M. 1. Citizen Participation.
7:35 P.M. 2. Consent Agenda.
A. Approval of the Minutes for the meetings of January 17, February 7, and
February 21, 1995.
B. Ordinance No. 41 Series of 1995, second reading of an ordinance
authorizing a first supplemental trust indenture to the trust indenture
executed in connection with 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 supplemental trust indenture; repealing action heretofore taken
in conflict herewith.
7:40 P.M. 3. Ordinance No. 7, Series of 1995, an ordinance repealing and reenacting Ordinance
Jim Curnutte fVo. 16, Series of 1993; an ordinance amending Special Development District No.
Kirk Aker 5 and providing for a development plan and its contents; permitted, conditional and
accessory uses; development standards, recreation amenities tax, and other
special provisions; and setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL: Review and approve/modify/deny on first
reading, Ordinance IVo. 7, Series of 1995, a major amendment to SDD No. 5, to
allow for rnod'rfications to the previously approved development ptan for the Savoy
Villas Development.
BACKGROUiVD RATIONALE: Please see the Community Development
Department's memorandum to the PEC, dated February 27, 1995, and the PEC's
draft meeting minutes, included in the Council packet.
STAFF RECOMMEiVDATION: The staff recommendation is for approval, on first
reading for a major amendment to SDD No. 5 uvith the 8 conditions that are listed
in the staff memorandum to the PEC (one of which was modified slightly to require
the applicant to provide larger trees on the property).
8:25 P.M. 4. Resolution iVo. 5, Series of 1995, a resolution modifying the Town of Vail Land Use
Jim Curnutte Plan, changing the land use designation of Tract C, Vail Village 7th Filing from Park
Pat Dauphinais to Lovu Density Residential, and setting forth details in regard thereto.
ACTION REQUESTED OF COUfVCIL: Review the proposed Land Use Plan
change and approve/deny/modify Resolution No. 5, Series of 1995.
BACKGROUND RATIOIVALE: Please see the Community Development
Department's memorandum to the PEC, dated February 27, 1995, and the PEC's
draft meeting minutes, included in the Council packet.
STAFF RECOMMEiVDATION: The staff recommendation is for approval of the
requested change to the Vail Land Use Plan, from Park (P) to Louv Density
Residential (LDR), vuith the 4 conditions that are listed in the staff memorandum
to the PEC and with the recommendation from the staff and the PEC that the
an auU=Li'vi iai wi iuuiui i, ICWIieS lile UISIfIC[ i0 COV@P Up tn8
exposed iron pipes in Gore Creek with rocks so that they are not visible from the
bank of the Creek.
9:10 P.M. 5. Tovun Manager's Report.
9:20 P.M. 6. Adjournment.
NOTE UFCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
0 0 0 0 0 0 0
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 3h4/95, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORIC SESSION
WILL BE ON TUESDAY, 3/29/95, BEGINPIiNG AT 2:00 P.M. IN TOV COUNGIL CHAMBERS.
THE NEXT VAIL TOWN COUPICIL REGULAR EVENING AAEETING
WILL BE ON TUESDAY, 3/29/95, BEGINN@NG AT 7:30 P.M. IN TOV COUNCIL CHAMBERS.
• • 0 • • • •
C:UIGENDA.TCE
- 1NORK SESSION FOLLOIN-UP
[TOPIC QUESTOONS FOLLOW-UP SOLvTIONS
1995 Current discussions presume a decision in 6 months (April '95). VA has
10/19 SNOIN STORAGE LAND LARRY/BOB McL: Immediately pursue purchase from VA asked to dump snow at this location. Because of our environmental
PURCHASE of current snow storage site, as well as another 10 acres liability, this request was denietl. Larry, Bob, and Tom are following up.
adjacent to the west. Joe Macy was in to see Larry again this week. Has faken 4he lease
to VA attorneys to address endlronmental Ilabll9ty issue.
02/15 CHUCK ANDERSON YOUTH PAMIMERV; Contact VRD about moving up the selection Packet receivetl and inclutled in Paul's and Jan's materials, 513194.
AWARD process to allow awards to be given during Niay PRIOR to Further revieuu of Youth Award proposai from Jan and Paul to be
(request: Strauch) graduation or to be included uvith the graduation scheduled for March 21, 9995.
ceremonies.
03/08 UNDERGROUNDING OF UTILITIES LARRY: Create a Niaster Plan to phase the undergrounding Larry has memo in process.
MASTER PLAN of all above-ground utilities within Vail.
(request: Council) 04/05 SIGNS LARRYIGREG: UVhy are there so many signs in this town? Tom, Ken, Buck, Larry, Greg will set issue for general Council discussion
They represent neither a quality appearance nor are they on Niarch 21,1995.
"user-friendly," There are 28 signs beiween Tom
Steinberg's house and the TOV...
01/24 10TH MOUNTAIN DIVISION PAM: Coordinate a reception, possibly in conjunction with Pam has spoken uvith both Earl Clarke antl Frank Romano and met vuith
RECEPTION Colorado Ski Museum (Lucy Babcock) for May 28, 1995. Lucy Babcock 2/13/95. She is following up with the "host" hotel Marriott,
Coordinate partnerships in this effort wIVVF, VA, VFIN, etc. VA, and the VVF.
01/24 INFORMATION CENTERS BOBIPAM: Coordinate meeting with Colorado Ski Museum Pam and Lucy met 2113/95. Lucy will not follow up initially with Frank on
and VVTCB re: possible management of VTRC Information her own but understands Bob and Pam are available to facilitate should
Center by Colorado Ski Museum. both parties wish to pursue this arrangement further.
March 3, 1995 Page 1 of 2
62/07 "NEED LIST" FOR'99 ALL: Finalize list with departments and Council for Following the 2114195 council work session discussion Bob and Merv met
CHAMPIONSHIPS presentation to State. with VVF to review their needs for the '99 Championships. We are
compiling a combined list to discuss with Larry Kallenberger of Dept. of
Local Affairs. This meeting will likely be held in approximately one month.
02/21 MORTGAGE GUARANTEE BOB: Follow up with Firstbank, or if they are unwrilling to Bob met with Mark Ristow and will update Council.
PROGRAM proceed, any other bank who's shown interest.
02121 CHILDGARE/JONANNES BOB: Johannes has expressed an interest in
FAESSLER providing/maintaining/subsitlizing chiltlcare for the "general
public" at the Mountain Bell site. Follow up on this inquiry.
02/21 APOLLO PARK TOM: Follow up with legal action,
02121 RANDOM ACTS OF KINDNESS BOB: Follow up wlElaine Kelton to orchestrate some sort of PoBece Department served approximately 950 free cups of coffee and
local appreciation for loyal followers/customers of Vail. No 25-30 cups of hot choeoVate 40 9500 skieps entering the VTRC last
advance publicity...but just for the sake of thanking the Saturday morning (2125195). It was very we9B received.
skiing public for its support.
02/21 KIT INILLIAMS REQUEST BOBITOM: Investigate Council letter of support to State CDOT has indicated a willingness to move the chaln-up station 40
and Federal agencies re: the truck chain-up area in East the west .5 of a mile, wlth 9im6ted assistance from TOV. Bob will
Vail, in order for this neighborhood to have complied with an cont6nue to pursue.
official registration of complaint within six months of taking
issue with the situation.
02128 SNO1N SHOVE9.@NG LARRY: Hand shove9Bng has always been provided
between Willow Circle and The Lodge at Vail, running
along Riva Ridge North and the Summers Lodge but
not this year?
02128 LODGE LAND SWAP MERVIPAULIBOB MC: Merv will contact Eric VoighY fo
se# up nneeting wifh 4he TOV subcommittee, made up of
the previously clted three.
March 3, 1995 Page .Zof 2
PiTBYJIC NOTICE
V~ ~OWN COLTIiTCIL MEETIlVG SCI3El)ZJY.E
(as of 3/3/95)
MARCH, 1995
In an attempt to respond to scheduled meeting demands, as well as adhere to mandated
ordinance and charter requirements, Council meetings are scheduled at the following times:
]EVIENING MEETYNtGS
Eveni.ng meetings will continue to be held on the first and third T.iesday evenings of each
month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation
and public audience for conducting regular Council business.
WORK SESSIONS
Work sessions, which are primarily scheduled for Council debate and understanding of issues
before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on
everv Tuesday afternoon.
1995 VAIL TOWN COUNCII. MEETING SCHEDITI.IE
dS A5 FOLI.OWS:
Tuesdav, March 7 1995
Work session............ 2:00 P.M. (atarting time determined by length of agenda)
Evening xneeting......... 07:30 P.M.
Tuesdav, 1Vlarch 14 1995
Work session............ 02:00 P.M. (atarting time determined by length of agenda)
Tuesdav, li/larch 21 1995
WOPk S8SS10Yl............ 2:00 P.M. (starting time determined by length of agenda)
Evening naeeting......... 07:30 P.M.
Tuesdav. March 28 1995
WOTk S8SS10Y1............ 02:00 P.M. (starting time determined by length of agenda)
TOWRT OF VAIL
C . 641-
. a a:iaa.aiacy ci
Assistant Town IVlanager
a
MEMoRANDUM
TO: Planning and Environmental Commission
FROM: Community Development
DATE: February 27, 1995
SUBJECT: A request for a major amendment to SDD #5 (Simba Run) to allow for
modifications to the previously approved development plan for the Savoy Villas
development located at 1100 North Frontage Road and described as follows:
That part of the First Supplemental Map For Simba Run Condominium, according to the map
!hereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as
follows:
Beginning at the most southwesterly.corner of said map, thence the following three course's along ,
the westerly lines of said map; 1) N03133'01 "E 160.79 feet; 2) N12°50'33"E 144.72 feet; 3)
N17056'03" 70.60 feet; thence, departing said westerty line, S13016'03"W 157.26 feet, thence
S76°43'57"E 91.50 feet; thence N13°16'03"E 35.00 feet; thence S76°43'57"E 72.31 feet to the
easterly line of said map; thence the following two courses along the easterly and southeasterly
lines of said map; 1) S24°44'S7"E 52.38 feet; 2) S52050'29"W 272.50 feet to the Point of
Beginning, containing 0.6134 acres. more or less; and
That part of Simba Run, according to the map thereof, recorded in Book 312 at Page 763 in the
Office of the Eagle County. Colorado. Clerk and Recorder, described as follows:
Beginning at the most southerly corner of said Simba Run, thence the following four courses along
the southwesterly and northwesterly Iines of said Simba Run; 1) N37009'31"W 233.28 feet; 2)
334.57 feet along the arc of a curve to the leh, having a radius of 1771.95 feet, a central angle of
10149'06", and a chord that bears N42`13'20"E 334.07 feet; 3) N36048'48" E 201.36 feet; 4) 15.96
feet along the arc o( a curve to the nght, having a radius of 428.02 feet, a central angle of
02108'12", and a chord that bears N37:52'54" E 15.96 feet to a corner on the westerly boundary of
the First Supplemental Map tor Simba Run Condominium, according to the map thereof recorded in
the office of the Eagle County. Coiorado. CIerk and Recorder; thence the following four courses
along said westerly boundary: t) S2V51'28"W 69.90 feet; 2) S17056'03"W 181.17 feet; 3)
S12°50'33"W 144.72 feet: 41 S03'33'0 i"W 160.79 feet to the southeasterly line of said Simba Run;
thence, along said southeasteriy Iine. S52 50 29"W 113.08 feet to the Point of Beginning,
coqtaining 1.560 acres. more or iess
Applicant: Simba Land CorporationNValid Said
Planner: Jim Curnutte
1. PROJECY BNYR0DlJCT'10N
The property owner and applicant. Simba Land Corporation, is requesting a major SDD
amendment to modify the approved development plan for Phase II of Development Area B in
Special Development District #5 (Simba RunNail Run). The property is located at 1100 iVorth
Frontage Road and is bounded by the Timber Ridge Apartments to the west, the North
Frontage Road and Interstate 70 to the south. Phase I of Simba Run to the east and
Lionsridge Loop Road to the north.
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II. BACKGROUND
Ordinance #6, Series of 1976, originally established SDD #5 and set the parameters for ihe
development of the Vail Run Building. Ordinance #29, Series of 1977, amended and
expanded the SDD to include the addition of 6.3 acres immediately to the west of Vail Run
and divided the SDD into what is now known as Development Area A(Vail Run) and
Development Area B(Simba Run). The development standards for both arecis were
specifically stipulated in this ordinance. SDD #5 was further modified by the passage of
Ordinance #33, Series of 1978, and Ordinance #24, Series of 1986.
On August 17, 1993, the Vail Town Council approved Ordinance #16, Series of 1993, on
secand reading. This ordinance significantly modified the approved development plan for the
western portion, or what is now known as Phase II, of Development Area B. The original
development plan for the Phase II portion of the Simba Run develbpment included one large
building. This building was designed to be similar to the existing Simba Run buildings (Phase
I), which are located immediately to the east. These buildings are approximately 260 feet in
' length and approximately 250 feet in width. The original project was designed to take access
off of Lionsridge Loop (one curb cut) and included a fairly large surface parking area, as well
as one level of underground -(structured) parking.
The 1993 amendment included a series of six smaller buildings. The buildings on the upper
bench of the property include four four-plex buildings and one four unit employee housing
building, all of which take access off of Lionsridge Loop to ihe north. The sixth building is a
tri-plex and is located on the southern portion of the lot, taking its access off of the existing
Simba Run driveway adjacent to the North Frontage Road. The parking for the project is
almost equally divided between enclosed parking and surface parking. On the northern bench
of this site, each condominium is proposed to have a one-car garage, and on the lower, or
southern part of this site, each condominium would have a two-car garage. Architecturally,
the design is very simitar to that of the existing Simba Run project, although smaller in scale.
Since the proposed project under utilized the remaining density allowed for SDD #5 by twenty-
five dwelling units and 8,774 square feet of GRFA, staff recommended, and the applicant
agreed, that upon approval of Ordinance #16. Series of 1993, the remaining number of
dwelling units and GRFA on the property wbuld be reduced to zero for the entire Development
Area B. Also included in Ordinance #16, Series of 1993, was a requirement to construct and
maintain a public pedestrian path through the property (north to south) and then to grant a
public access easement to the Town of Vail.
The 1993 amendment originally consisted of nineteen condominium units and four deed-
restricted employee housing units. The application was later modified at the Town Council
review level in order to allow for one additional dwelling unit to be located adjacent to the
proposed tri-plex and to permanently deed-restrict three existing condominium units (Units
2207, 2401, and 2402) in the Simba Run development (Phase I) as Type III employee housing
units. In exchange for the permanent restriction of these three units, the Council agreed to
release the existing emptoyee housing restrictions on three additional dwelling units in Simba
Run (Units 1201, 1205 and 2205), which although they were required to be employee housing
units, had deed restrictions which would soon expire, allowing them to become free-market
dwelling units.
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The 1993 development plan did not conform to the approved development standards for SDD
#5 in the foilowing areas:
-site coverage
aenclosed parking
.iandscaping
The 1993 development plan included the relocation of the existing Towrn bike path further to
the south and additional landscaping and berming was added throughout the site.
W. DESCR8PT60N OF Th9E -REO4.?EST .
The proposed major SDD amendment to be reviewed by the PEC today includes the following
modifications from the 1993 approved development plan for the Phase II portion of
Development Area B. (Please refer to the attachments for a comparison of the 1993
approved development plan and the modifications being proposed today).
Relocation of One Condominium Unit -.As indicated in Section II of this memo (Background), the 1993 SDD amendment was approved by the PEC with a total of nineteen dwelling units. However, when the project was reviewed by the Todvn
Council, a twentieth unit was approved. Although this unit is not reflected graphically
on any of the approved drawings, it was understood that this unit would be a"Type C"
(townhouse) unit and would be attached to the eastern end of the approved triplex
building. The proposed modification to the approved development plan involves the
relocation of the twentieth dwelling unit from the lower bench of the property to the
upper bench. Specifically, the condominium is proposed to be located on the upper
levet of what has been previously called the "employee housing building". This unit
would utilize all of the approved GRFA authorized at the Towrn Council meeting for the
twentieth dwelling unit (1.602 square feet) and would displace two of the four deed
restricted employee housing units previously approved in the building.
.Relocation of Two Deed-Restricted Employee Housinq Units - The four Type III
employee housing units were approved to be located in their own building on the
northeastern portion of the site. In order to accommodate the relocation of the
twentieth dwelling unit from the lower bench to the upper bench, two employee housing
units will be removed from the Phase II portion of Development Area B. The applicant
is proposing to make up for the loss of these two units by placing permanent deed
restrictions on tvuo of the existing dwelling units located in Phase I of Development
Area B(The Simba Run Building). These units are two of the three dwelling units
which the Town Council had previously agreed to release all deed restrictions on. The
size of the employee h,ousing units which would be removed from the Phase II
employee housing building include a 776 square foot, two-bedroom unit and a 492
square foot, one-bedroom unit. The new employee housing units proposed to be
deed-restricted in Simba Run are'Unit 2205, which is a 1,038 square foot, twro-
bedroom unit and Unit 1201, which is a 550 square foot, one bedroom unit. Both units
are north facing.
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-Reduction in Office Area - The 1993 approved development plan included a 1,302
square foot office space located on the entire lower level of the employee housing
building. This office area was intended to be used by the Savoy Villas Homeowners
Association for the management of the property. It was never approved to be used as
professional office space for a private business. The applicant currently wishes to
amend the plan in order to relocate one of the two remaining employee housing units
in this building to the eastern half of the lower level, thereby reducing the size of ihe
office space to 686 square feet.
•Relocation of Triplex Drivewav - The 1993 approved development plan showed that
the proposed driyeway access to the three townhouse units on the lower bench of the
site was originally proposed via the existing Simba Run curb cut off of the North
Frontage Road. This proposed alignment would have removed a significant amount of existing landscaping along the south side o# the Simba Run project and would also
have required approval from the Colorado Department of Transportation (CDOT) for a
change in use to the existing access permit. The proposed modification to the
approved development plan involves a new curb cut adjacent to the western property
line to be used solely for the three dwelling units. The new driveway will also require
CDOT review and approval of an access permit prior to issuance of a building permit
for the three units. As a resutt of the relo.cation of the triplex driveway, there will be a
net increase in the total amount of landscaping on Development Area B, as compared
to the previous approval.
•Reduction in Surface Parkinq Spaces - The 1993 approved development plan showed
a seven space, unenclosed parking area between the easternmost four-plex and the
employee housing building, on the upper bench. As a result of the transfer of two
employee housing units from the employee housing building to the Simba Run Building
and the relocation of the "twentieth" condominiurn unit to the upper bench, which
includes a two-car garage, there will be a net reduction in the parking requirement.
Therefore, three unenclosed parking spaces will be eliminated on the property.
•Relocation of the Pedestrian Path - The 1993 approved development plan shows that
the pedestrian path traverses the Phase II property from the north (between the
employee housing building and the easternmos-t :our-plex) to a point midway down the
property to the south, at which time it then crosses onto the Simba Run property
(Phase I), where it meanders and eventually connects with the existing bike path
adjacent to the North Frontage Road. The approved plan also called for the bike path
adjacent to the North Frontage Road to be realigned to accommodate the proposed
driveway to the triplex. The new application keeps the bike path alignment virtually the
same on the north end of the property. However, at the midpoint of the lot, it no longer
crosses onto the Simba Run property but heads directly west and connects to the
relocated driveway for the triplex building. No realignment of the existing bike path
adjacent to the North Frontage Road is required in conjunction with the new
application.
•Chanqes to the Architectural Character of BuildinQS 5 and 6- As a result of the
proposed relocation of GRFA and dwelling units on the site, and the location of the
buildings themselves, the applicant is proposing changes to the architectural character
of Buildings 5 and 6.
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ov. ZoNaNG ANALvses
Listed below is the zoning analysis for Development Area B, located in SDD #5 (Phase I includes the two existing Simba Run buildings and
Phase II includes the Savoy Villas development). Please note that SDD #5 has no underlying zoning, as it was annexed into the Town in
December of 1975 and the original SDD was established during March of 1976.
PHASE II PHASE II PRE 1993 ' DEV. AREA B DEV. AREd. B
APPROVED DEV. PHASE I APPROVED 1993 - PROPOSED 1995 TOTAL
STANDARDS DEV. AREA B SDD AMENDMENT SDD AAAENDMENT DEV. AREA B
Site Area. 6.3 acresJ274,428 sq. ft. d 7 acres/204,732 sq ft. 1.6 acres/69,696 sq, ft. 1.6 acres/69,695 sq. (t. 6.3 acres
Setbacks. 20' - all perimeter 20' all perimeter 20' - all perimeter 20' - all perlmeter N/A
property lines properry Imes property hnes prope?ty Ilnes
Heighl 45 20 60 25 - 49 25 - 49' N/A
25 49
GRFA: 129,000 sq fI DU s 91 870 sq tt OU's 33.884 sq fl DU's 34,439 sq. ft. - DU's 126,309 sq. fl. - DU's
10.000 sq ft EHU s 3,597 sq h- EHU s 2,536 sq ft. - EHU's 1,527 sq. 9t. - EHU's 5,124 sq. fl. - EHU's
139,000 sq h 95.467 sq It 36,420 sq. ft 35,966 sq. tV. 131,433 sq. h. Units: 139 96 20 20 116
Employee
Dwelling Units: 10 (min ) 5 7- 7++ 7
Site Coverage: 54,886 sq. fl. (20%) 65,089 sq. ft. (32%) 18,918 sq. ft. (27%)"' 18,398 sq. ft. (26%)*'• 83,407 sq. fl. (30%)"'
Landscaping: 164,657 sq. fl. (60%) 116,302 sq. fl. (57%) _ 31,452 sq. ft. (47%) 37,002 sq. ft. (530/6) 153,304 sq. ft. (56%)
Parking: 85% enclosed 128 enclosed (95%) 24 enclosed (52%) 24 enclosed (54%) 152 enclosed (84%)
(o( required parking) 6 surface 27 surface 22 surtace 28 surface
134 51 (46 spaces are required) 46 (44 spaces are requlred) 180 -are proposed
Commercial Area: -0- -0- -0- -0- -0-
' Four units on the Phase II site and three units on the Phase I site.
" Two units on the Phase II site and five units on the Phase I site.
Includes 1,292 square feet of Timber Ridge's easternmost building.
Sold = The proposed project departs from these approved development standards.
Note: The GRFA, units and employee dwelling unit numbers shown in the "Phase I Development Area B" column above have already been modified to re(lect Ihe changes. which would result
should the 1995 SDD amendment, being reviewed by the PEC today, be approved.
5
, V. CRITERIA YO BE USED IN EVALUATING TF91S PROPOSAL
As stated in the zoning code, the purpose of the special development district is to:
encourage flexibility and creativity in the development of land in order to
promote its most appropriate use; to improve the design character and quality
of new development within the town; to facilitate the adequate and economical
provision of streets and utilities; to preserve the natural and scenic features of
open space areas; and to further the overall goals of the community as stated
in the Vail Corriprehensive Plan. An approved development plan for a special
development district, in conjunction with a property's underlying zone district,
shall establish the requirements for guiding development and uses of property
included in the special development district." The following are the nine special development district criteria to be utilized by the Planning
and Environmental Commission when evaluating SDD, and SDD amendment proposals:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
The staff believes that the applicant has done a reasonable job with the overall site
planning of the project to insure that the project meets this criterion. Staff believes that
the proposed modification to the approved plan is actually a positive change relative to
building scale, bulk, character, visual integrity and orientation. The approved triplex on
the southern portion of the lot has been reoriented to accommodate the new driveway.
This shifting in orientation of the building on the property has resulted in a reduction in
the amount of wall surface facing the North Frontage Road and I-70. Although the
applicant has modified the location, shape and slightly increased the site coverage of
both the triplex and the employee housing building, the overall site coverage of the
project has been reduced, when one considers the additional site coverage associated.
_ with the approved "twentieth" dwelling unit. which can be added to the easfern end of
the triplex building. Therefore. the overall effect of these changes is positive.
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
tt is staff's position that the approved residential use of this site, and the proposed
amendment, is compatible with the existing uses on surrounding properties. The
proposed densiry on Phase II (number of units) is being reduced by two employee
housing units, as a result of this amendment request. The resulting density of twenty
free-market units and two deed restricted employee housing units is compatible with
the High Density Residential identification that the Town of Vail Land Use Plan has
placed on this property. Staff would also like to point out that by converting two free-
market dwelling units in the Simba Run project to deed restricted employee housing
units, the density of the entire development area will be reduced by two units. The
approved density, not including employee housing units, for all of Development Area B
` 6
n
is one hundred and eighteen dwelling units (there is an error in Ordinance #16, Series
of 1993 because the three deed restricted units in Simba Run, which wrere authorized
to become free market units by the Town Council, were not added to the total dwelling
unit figure of one hundred and fifteen units).
Staff is concerned that by permanently restricting two existing dwelling units as
employee housing units, which do not currently count, in the ordinance, for density
purposes, there would appear to be a surplus of tvvo dwelling units within the
development area which could be used at a later date. Staff feels that it is not sound
planning to leave any remaining density or GRFA on the books without an approved
plan and therefore, staff is recommending that should this SDD amendment proposal
be approved, the remaining number of dwelling units and GRFA be reduced to zero for
the entire Development Area B.
C. Cornpliance wifih fhe parking and loadirtg requirements as outlined in
Chapter 18.52.
The Town's parking requirements. indicate that a total of forty-four parking spaces are
required for the Phase II site. The applicant has proposed a total of forty-six parking
spaces for the amended project. The ratio of enclosed versus surtace parking spaces
for this Phase, is approximately 54% which is an improvement over the 52% enclosed
figure previously approved with the 1995 development plan. The overall enclosed
parking percentage for the entire Development Area B is 84%, howrever, which is less
than the required 85%. Please see the Zoning Analysis on Page 5 of this
memorandum for the specific numbers.
D. Conformity with applicable elemen4s of the Vail Comprehensive Plan,
Town policies and Urban Design Plans.
1. The Town of Vail Land Use Plan identifies this area as High Density
Residential (HDR). High Density Residential is defined in the Land Use
Plan as follows:
"The housing in this category would
typically consist ot multi-floored structures
with densities exceeding fifteen dwelling
units per buildable acre. Other activities in
this category would include private
recreational facilities, and private parking -
facilities and institutional/public uses such
as churches, fire stations and parks and
open space facilities."
The proposed plan for this final phase of the Simba Run development would set
the overall density for Development Area B at one hundred sixteen dwrelling
units and seven deed-restricted employee housing units, which equates to a
density of 19.5 units per buildable acre.
7
2. The following are the applicable Land Use Plan goals and policies which
relate to this proposal:
Goal 1.1 Vail should continue to grow in a controlled
environment, maintaining a balance between
residential, commercial and recreational uses to
serve both the visitor and permanent resident.
Goal 1.12 Vail should accommodate most of the additional
growth in existing developed areas (infill areas).
Goal 5.1 Additional residential growth should continue to
occur primarily in existing, platted areas and as
appropriate in new areas where high hazards do
not exist.
Goal 5.3 Affordable employee housing should be made
available through private efforts, assisted by
limifed incentives, provided by the Town of Vail,
with appropriate restrictions.
. Goal 5.4 Residential growth should keep pace with the
market place, demands for a full range of housing
types.
Goal 5.5 The existing employee housing base should be
preserved and upgraded. Additional employee
housing needs should be accommodated at varied
sites throughout the community.
The staff believes that the proposed amendment to the approved development
plan is in compliance with the Town's Land Use Plan.
E. Identification and mitigation of natural and/or geologic hazards that affect
the property on which the special devetopment district is proposed.
The Phase II property is located within a high severity rockfall hazard zone. The
applicant's geologist, Nicholas Lampins, has reviewed the 1993 approved devefopment
plan and has agreed that the berming along Lionsridge Loop Road (south side),
combined with internal mitigation for the two eastern-most buildings, is sufficient to
mitigate the rockfall hazard. The proposed amendment to the approved development
plan should not have any effect on the previously approved rockfall mitigation plan for
the property, however, scaff will require an updated hazard report prior to the issuance
of a building permit.
F. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive
to natural features, vegetation and overall aesthetic quality of the
community.
8
Staff believes that the proposed modifications to the previously approved 1993 plan, as
identified in Section III (Description of the Request) of this memo, are not significant
and wrould not have a negative effect on the overall quality of the plan. We believe
that the changes made to the building locations have resulted in maintaining adequate
distances between the Phase II project and the existing Simba Run building: The
project would continue to exceed the 20% maximum site coverage for the entire
Development Area B, however, the staff believes that the overall site planning for the
project is acceptable and that the proposed 26% site coverage in Phase I I is an .
improvement over the 27% site coverage shown on the 1993 approved plan. All of the
building locations have been sited to take advantage of views both to the east and to
the west.
Staff is concerned with the proposed changes to the architectural character of
Buildings 5 and 6 from the previously approved 1993 plan. Although the buildings will
maintain a similar design style to the rest of the Savoy Villas buildings, we have some
reservations about the look of these buildings and would recommend that the PEC and
the Design Review Board (DRB) take an in depth look at the proposed elevation
drawings.
G. A circulagion sys4em designed foP bo4h vehicles artd pedes4Piaws
addressing on and of#-siYe traffic circula4ion.
Site PlanNehicular Access (CDOT access permit)Access to the lower bench of this site (to the three townhouse units) was originally
proposed via the existing Simba Run curb-cut off of the IVorth Frontage Road. The
approved plan included a condition that due to the change in use, a Colorado
Department of Transportation access permit will be required before a building permit
can be released for the three units. The proposed amendment to the plan involv.es a
new curb cut to be used solely for access to the three units and will also require CDOT
review and approval of an access permit prior to the issuance of a building permit for
the three units.
Future Simba Underpass.
As discussed in the recently adopted Vail Transportation Master Plan, the construction
of an I-70 underpass in the vicinity of Simba Run, is proposed as a first priority
recommendation for both the West Vail interchange and the Main Vail interchange
improvements. The underpass would be constructed immediately opposite the
proposed lower bench development. To accommodate the underpass, it would be
necessary to lower the North Frontage Road approximately 13 to 15 feet in this area.
The applicant has submitted a regrading and driveuvay relocation plan which indicates
that should the underpass become necessary, the triplex units would still have safe
access to the Frontage Road. The Town Engineer has reviewed this SDD amendment
application and although he does not object to the plan as presented, has requested
some minor technical revisions to the plan, which must be completed prior to the
issuance of a building permit for the property.
9
Pedestrian Access.
As mentioned previously, the ordinance which approved the existing development plan
includes a condition that the applicant construct and maintain a public pedestrian path
through the property, in order to allow for continued pedestrian access from the
Lionsridge Loop area down to the North Frontage Road. The staff pointed out that this pedestrian access becomes even more critical should the proposed Simba underpass
be constructed.
As mentioned in Section III (Description of the Request) of this memorandum, the
pedestrian path is intended to remain in virtually the same location as the previously
approved plan on the northern half of the property. On the southern half of the
property, however, the new plan differs from the old in that, instead of angling towards
the east across the.Simba Run property and connecting with the bikepath along the
North Frontage Road, the new plan shows the path angling toward the west, where it
then directs pedestrians onto the common driveway, which services the three
townhouse units. Staff believes that the proposed layout of the pedestrian path is not
the optimum design.
Staff believes that pedestrians intending to reach the existing bikepath adjacent to the
North Frontage Road will continue to the south across the landscaping instead of going
to the west and walking across a private driveway. Staff has requested that the
applicant pursue an agreement with Simba Run to allow the path to encroach slightly
onto the Simba Run property, thereby allowing it to continue in a southerly direction all
the way to the North Frontage Road. The applicant has indicated that the Simba Run
Homeowners Association appears to be agreeable to allowing the path to encroach
slightly onto their property as long as no existing trees are removed and the Savoy
Vilfas homeowners assume the construction, maintenance and liability of the path. As
of the writing of this memorandum, no agreement has been reached with the Simba
Run Homeowners Association for the pedestrian path to encroach onto their property,
and staff believes that directing pedestrians to.the west and onto a private driveway is
unacceptable. Staff recommends that at a minimum, the applicant shift the triplex
building approximately 10 feet to the west in order to allow the path to proceed in a
southerly direction along the common property line between Savoy Villas and Simba
Run, to a point of connection with the existing bikepath adjacent to the North Frontage
Road.
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
Although the total amount of landscaping being proposed with this amendment is
considerably higher than the oreviously approved plan (as a result of the removal of
the triplex driveway, which will preserve approximately 5,500 square feet of existing
landscaping), the project as a whole (for the entire Development Area B) does not
meet the required 60% minimum landscaped area. The staff has thoroughly reviewed
the applicant's proposed landscape plan for the project, and we feel comfortable with
the proposed 52% total landscaped area for the entire Development Area B. The staff
would point out that given the density of this site, the property could be compared with
10
the standard HDMF zoning, which would require a minimum of 30% iandscaped area.
Overall, staff believes that the landscaping plan generally provides adequate screening
and green space throughout the site, however, although the quantities of the previously
approved plan is being maintained, staff is somewhat concerned with the reduction in
size of the proposed Colorado spruce on the landscape plan. The preViously approved
plan showed ten 10 to 12-foot tall spruce located in the area between the upper and
lower benches and approximately tvventy-seven 6 to 10-foot spruce throughout the rest
of the property. The new landscape planting plan shovvs thirty-one 6 to 8-foot spruce
throughout the property with no spruce trees greater than 8 feet in height. Staff would
recommend that the landscape plan be amended to include five to ten additional
spruce trees on the property with a minimum height of 10 to 12 feet.
For safety reasons and per the 1993 approval, the existing recreation/bike path has
been realigned so that it crosses the vehicular access to the lower development area
at the driveway's intersection with the property line.
1. Phasing pIan or subdivision plan that wiEl ma6ntairi a workable, functioeaal
and efficient relationship throughout the development of the speceal
development cfis4riCt.
The applicant is Flot proposing any changes to the previously approved phasing plan
for the project. The construction of the buildings on the Savoy Villas property will
occur in three phases. Phase I consists of the tvvo condominium buildings (eight
dwelling units) located on the northwest corner of the site (currently under
construction). Phase II consists of ihe two remaining four-plex buildings on ihe upper
portion of this site and the "employee housing/twentieth condominium building". The
final phase of the project consists of the three townhomes located on the lower bench
of the property. Staff believes that the previously approved phasing plan for the Savoy
Villas project is acceptable:
VI. S7AFF RECOMflflENDATION
The staff is recommending approval of the applicant's request for a major modification to
Special Development District No. 5. We believe that the proposed modifications to the
previously approved plan comply with the nine Special Development Distriet review criteria
listed in this memorandum.
With regard to the development standards as indicated in the Zoning Analysis section of this
memorandum, the staff does acknowledge that the project is over on site coverage and is
under on the required enclosed parking percentage and minimum landscaping percentage.
With regard to site coverage, the Phase I development on this site (the existing Simba Run
bu.ildings) has already exceeded the 20% maxrmum site coverage by 12%, or 10,203 square
feet. We think that the total site coverage proposed, 30% for all of Development Area B, is
reasonable given the high density residential nature of this project. As a point of comparison,
should this property have been zoned High Density Multi-Family, the maximum allowable site
coverage, according to current Town of Vail zoning, would be 55%. The staff finds that the
proposed site coverage and the overall site plan design is reasonable, and is actually an
improvement over the previousty approved 1993 plan.
11
Although the applicant has not met the required 85% enclosed parking percentage for the
entire Development Area B, the staff believes that the proposed 82% enclosed parking is
reasonable. Again, we would 'point out that if the property had been zoned High Density Multi-
Family, the required enciosed parking percentage would be 75°/a. The parking situation
shown on the proposed plan is actually an improvement over the previously approved 1993
plan.
As indicated in' the zoning analysis section of this staff memorandum, the applicant has not
met the required 60% minimum landscape percentage for the entire Development Area B.
After,careful analysis of the proposed landscaping pian for the property, the staff believes that
the overall site planning and landscaping plan for this_site is reasonable and is an
improvement over the 1993 previously approved plan. We would also point out that if the
property had been zoned High Density Multi-Family, which would be consistent with the density on this site, the required landscaping percentage would be 30%.
In summary, the staff believes that the project substantially complies with the nine SDD review .
criteria, as indicated in this memorandum, and is recommending approval with the
understanding that the applicant agrees with the following conditions:
1. The Town shall not issue a Temporary Certificate of Occupancy for any of the
Phase II condominiums (according to the Savoy Villas phasing plan) until such
time as TCO's have been issued for both of the deed restricted units in the
employee housing building, and deed restrictions have been signed for Units
2207, 2401, 2402. 1201 and 2205 in the Simba Run Building (as "Type 111"
EHU's).
2. The applicant agrees that if they are unable to obtain the permission necessary
to locate the bike path on the western portion of the Simba Run property, they
will go back to the Design Review Board with an amended site plan vnrhich
shows the triplex building being relocated approximately 10 feet to the west, in
order to allow the bike path to continue in a southerly direction through the
property until it connects with the existing bike path adjacent to the North
Frontage Road. Irregardless of the ultimate location of the bike path, the
applicant agrees to construct and maintain a public pedestrian path through the
property (north to south) and witl arrange for the grant of a public access
easement to the Town of Vail prior to the Town's issuance of any TCO for any
of the Phase II condominiums (according to the Savoy Villas phasing plan).
3. The applicant shall obtain a Colorado Department of Transportation access
, permit for the proposed triplex driveway prior to the Town's issuance of any
building or grading permits for the three townhomes located on the lower bench
~of the development.
4. The rockfall hazard report provided by the applicant's geologist in conjunction
with the 1993 approved development plan, must be amended to identify any
additional mitigation necessary as a result of the amendments proposed in the
1995 plan:
12
5. As previously required in Ordinance #16, Series of 1993, the applicant shall add
~additional screen plantings in the berm along Lion's Ridge Loop Road, and also
betvveen the North Frontage Road and the bike path, subject to the review and
approval of the Design Review Board. Staff is also recommending the addition
of five to ten additional spruce trees on the property with a minimum height
ranging from 10 to 12 feet.
6. As previously required in Ordinance #16, Series of 1993, the applicant shall
grant the Town of Vail a drainage easement through the property, to provide for
the existing drainage flow which currently enters the site betvveen the proposed
%employee housing building and the eastern condominium building on the upper
bench. The developer shall provide this easement to the Community
Development Departrrient for approval before the Town will release any TCO
for the site.
7. Any remaining density (number of units and GRFA) for the entire Development
Area B will be reduced to zero. The numbers associated with this condition will
be reflected in the ordinance presented to the Towrn Council for final approval.
8. Prior to the issuance of a building permit for the three townhouse units, the
applicant will receive final approval from the Tovvn of Vail Engineer regarding
the driveway relocation plans.
c:\pec\me mos\si mba. 227
•
13
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4. Prior to issuance of a building permit, civil engineering plans for road
improvements must be reviewed and approved by the Town of Vail Engineer.
Road improvements shall include curb and gutter #rom #he eas#ern, e.dge of;the! bikepath to the wesfern edge of the curb cu# servrci.ng #hrs property #er-t#e
5. Prior to issuance of a building permit, the applicant shall dedicate an easement
for the bike path that crosses this property.
6. Prior to issuance of a Temporary Certificate of Occupancy (TCO), the applicant shall regrade and revegetate the berm adjacent to the site in the Colorado
Department of Transportation (CDOT) right-of-way so that its northern slope
does not exceed 2:1.
7.. Prior to issuance of a TCO, the applicant shall remove the two utility poles
adjacent to this site in the CDOT right-of-way and shall. bury the utility line to
the third utility pole west of this property.
8. Prior to issuance of a TCO, the applicant shall construct a sidewalk in the
Westhaven Drive right-of-way. This sidewalk shall extend from the western
edge of the property at the bike path to the east to the. entrance to the Cascade
Club.
. B. I, the , TGWR , Tewn
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9. The entire building, including the garage, must be sprinklered.
Concerning Condition #8, Kathy Langenwalter felt that the issue of the sidewalk
needed to be discussed further with the Town Engineer.
Dalton Williams seconded the vote and a 4-1-1 vote approved this request with Greg
Amsden opposing. Kathy Langenwalter abstained. Jeff Bowen was not present.
9. A request for a major amendment to SDD #5 (Simba'Run) to allow for modifications to
the previously approved development plan for the Savoy Villas Development located
on an unplatted parcel at 1100 North Frontage Road.
Applicant: Walid Said
Planner: Jim Curnutte
Jim Curnutte made a presentation per the staff memo. Jim stated that staff was
recommending approval of this request for a major amendment to SDD #5 with eight
conditions outlined on Pages 12 and 13. Jim also pointed out that staff was concerned
Ptanning and Environmental Commission Meetinq Minutes
February 27, 1995 16
about the proposed changes in the architecture and asked for PEC feedback.
Kirk Aker, representing Walid Said, stated that he had no problems with the conditions
proposed by staff. However, Concerning #5, he questioned whether the additional
trees that staff was suggesting were in addition to what is already shown on the
landscape plan. Kirk stated that he was working with the Simba Run Homeowners
Association and believed that they had reached an agreement to relocate the bike path
on Simba Run's property. He pointed out that Simba.Run wanted to be indemnified
from any liability which could be incurred as a result of the bike path.
Kathy Langenwalter suggested that the PEC take a look at the architecture.
Bob Armour, Greg Amsden and Dalton Williams were comfortable with the staff's
recommendation. Bob Armour made a motion to approve this reuqest for a major amendment to SDD #5
(Simba Run) to allow for modifications to the previously approved development plan for
. the Savoy Villas development per the staff inemo including the conditions on Pages 12
and 13, with Condition #5 modified to state that the landscape sizes and numbers be
comparable to the previously approved plan; and with the recommendation that DRB
review the architecture. Greg Amsden seconded the motion.
Kirk Aker asked whether Condition #6 could 6e amended to tie the drainage easement
to the TCO's for Buildings 3, 4, and 5(Phase II) and that way the drainage system
could actually be installed and the easement created at that time.
Everyone agreed tliat this would be acceptable..
A vote of 5-0-1 approved this item with Bill Anderson abstaining.
10. _ A request for a front setback variance to allow for the redevelopmenf of a residence
locatecl at 226 Forest Road/Lot 11-A, Block 7, Vail Village.lst Filing.
Applicant: John Krediet, represented by Steven Riden
Planner: Randy Stouder
Randy Stouder made a presentation per the staff inemo. He stated that staff was
recommending denial of this request for a front setback variance as it is staff's feeling ,
that the height of the existing dormer on the north side of the unit should be reduced:{
Steven Riden, the architect for this property, disagreed with staff's interpretation that
they were adding unnecessary height to the building but stated that they had an
alternate proposal. He proposed eliminating the proposed dormer (north side) but
leaving the existing roof at its current height, stating that the remodel would not affect
the roof or other major structural elements of the existing house.
Planning and Environmental Commission Meeting Minutes
February 27, 1995 17
~
ORDINANCE NO. 7
Series of 1995
AiV ORDIIVANCE REPEALING AND REENACTING ORDINANCE IVO. 16, SERIES OF 1993;
AiV ORDIIVANCE AMENDIiVG SPECIAL DEVELOPMEIVT DISTRICT NO. 5 AND PROVIDING
FOR A DEVELOPMEIVT PLAfV AND ITS CONTENTS; PERMITTED, CONDITIONAL AfVD
ACCESSORY USES; DEVELOPMENT STAIVDARDS, RECREATION AMENITIES TAX, AND
OTHER SPECIAL PROVISIONS; AND SETTING FORTH DETAILS IN_ REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development
districts within the Town in order to encourage flexibility in the development of land; and
VVHEREAS, an application has been made for the amendment of Special Development
District (SDD) No. 5 for a certain parcel of property within the Town, legally described in the
attached Exhibit A, and commonly referred to as the Simba RunNail Run Special
Development District; and
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission, on February 27, 1995, held a public hearing on the amended SDD, and has
submitted its recommendation to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have been sent to the
appropriate parties; and
VVHEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 5; and
WHEREAS, application has been made to the Town of Vail to modify and amend
certain sections of Special Development District No. 5, which relate to Development Area B,
and which make certain changes in the development plan for Special Development District
IVo. 5 as they specifically relate to Development Area B; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66
of the Municipal Code of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
SECTION 1
The Town Council finds that all the procedures set forth for Snecial DPVPInnmPnt Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied.
SECTION 2 - Purposes.
Special Development District IVo. 5 is established to ensure comprehensive
development and use of an area in a manner that will be harmonious with the general
1 Ordinance No. 7, Series of 1995
r
character of the Town, provide adequate open space and recreational amenities, and promote
the objectives of the Zoning ordinance. The development is regarded as complementary to
the Town by the Town Council and the Planning and Environmental Commission, and there
are significant aspects of the special development which cannot be satisfied through the
imposition of standard zoning districts on the area.
SECTION 3- Special Development District No. 5 Estabtished.
(A) Special Development District IVo. 5 is established for the development on a
parcel of land comprising 8.84 acres in the Lionsridge area of the Town; Special Development
District No. 5 and said 8.84 acres may be referred to as "SDD IVo. 5".
(B) The Vail Run building, consisting of 55 dwelling units, approximately 18,000
square feet of commercial space, a swimming pool and three tennis courts, shall be known as
Development Area A. The remainder of the property containing approximately 6.3 acres shall
be described as Development Area B(Simba Run and Savoy Villas).
SECTION 4- Approval of the Development Plan Required Prior to Development.
(A) Before the developer commences site preparation, building construction, or
other improvement of open space within SDD No. 5, there shall be an Approved Development
Plan for said district.
(B) The proposed development plan for SDD IVo. 5, in accordance with Section 4
hereof, shall be submitted by the developer to the Zoning Administrator who shall refer it to
the Planning and Environmental Commission, which shall consider the plan at a regularly
scheduled meeting, and a report of the Planning and Environmental Commission stating its
findings and recommendations shall be transmitted to the Town Council in accordance with
the applicable provisions of Section 18.66 of the Municipal Code.
(C) The Approved Development Plan shall be used as the principal guide for all
development within SDD No. 5.
(D) Amendments to the Approved Development Plan shall conform with Chapter
18.40.100 of the Municipal Code.
(E) Each phase of the development shall require the prior approval of the Design
Review Board in accordance with the applicable provisions of Chapter 18.54 of the Municipal
Code.
2 Ordinance No. 7, Series of 1995
r
SECTION 5- Content of Proposed Development Plan.
The Proposed Development Plan shall include, but is not limited to the following data:
(A) An Environmental Impact Report, which shall be submitted to the Zoning
Administrator in accordance with Chapter 18.56 of the Municipal Code.
(B) An open space and recreational plan sufficient to meet the demands generated
by the development without undue burden on available or proposed public facilities.
(C) Existing and proposed contours after grading and site development having contour intervals of not more than two (2) feet.
(D) A proposed site plan, at a scale not smaller than 1 inch = 20 feet, showing the
locations and dimensions of all buildings and structures, uses therein, and all principal site
development features, such as landscaped areas, recreational facilities, pedestrian plazas and
walkways, service entries, driveways, and off-street parking and loading areas.
. (E) A landscape plan, at a scale not smaller than 1 inch = 20 feet, showing existing
landscape features to be retained or removed, and showing proposed landscaping and
landscaped site development features, such as outdoor recreational facilities, bicycle paths,
trails, pedestrian plazas and walkways, water features, and other elements.
(F) Building elevations, sections, and floor plans, at a scale not smaller than 1/8
inch = 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior
circulation, locations of uses within buildings, and the general scale and appearance of the
proposed development.
(G) A proposed plan of parking, loading, traffic circulation, and transit facilities; and
a proposed program for satisfying traffic and transportation needs generated by the
development.
(H) A volumetric model of the site and the proposed development, portraying the
scale and relationships of the proposed development to the site illustrating the form and mass
of the proposed buildings.
(I) An architectural model of each proposed building, at a scale not smaller than 1
inch = 40 feet, portraying design details.
(J) A proposed program indicating order and timing of construction phases and
phasing of recreational amenities and additional amenities.
SECTION 6- Permitted Conditional and Accessory Uses.
3 Ordinance No. 7, Series of 1995
(A) In Development Area A- Vail Run, the following uses shall be permitted:
(1) Multiple family residential dwellings;
(2) Accessory retail, restaurant and service establishments not occupying
more than 18,000 square feet including the following:
Apparel Stores
Art supply stores and galleries
Book stores
Camera stores and photographic studios
Candy stores
Chinaware and glassware stores
Specialty food stores
Florists
Gift stores
Hobby stores
Jewelry stores
Leather goods stores
Liquor stores
Newsstands and tobacco stores
Professional and business offices
Sporting goods stores
Stationery stores
Toy stores
Variety stores
Barber shops
I
Beauty shops
Travel and ticket agencies
Delicatessens with food service
Cocktail lounges, taverns and bars
Coffee shops
Fountains and sandwich shops
Restaurants
Additional businesses or services determined by the zoning administrator to be
4 Ordinance No. 7, Series of 1995
similar to permitted uses.
(B) In Development Area B- Simba Run, the following uses shall be permitted:
(1) Multiple family residential dwellings which may be condominiumized for
sale as interval ownership fee interests and the employee housing units required
according to Section (9c), which shall be rental units.
(C) In Development Areas A and B the following conditional uses shall be
permitted, subject to issuance of a Conditional Use Permit in accordance with the provisions
of Chapter 18.60 of the municipal code:
(1) Pubiic utility and public service uses;
(2) Public buildings, grounds, and facilities;
(3) Public or private schools;
(4) Public park and recreation facilities;
(5) Meeting rooms.
(D) In Development Areas A and B the following accessory uses shall be permitted:
(1) Indoor and outdoor recreational facilities, including, but not limited to,
swimming pools, tennis courts, handball and squash courts and similar
recreational facilities.
(2) Home occupations, subject to issuance of a Home Occupation Permit in
accord with the provisions of Section 18.58.130 of the municipal code.
(3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.
SECTION 7 - Development Standards.
The following development standards have been submitted to the Planning and
Environmental Commission for its consideration and recommendations and are hereby
approved by the Town Council; these standards shall be incorporated in the Approved
Development Plan pertinent to each Development Area to protect the integrity of the
development of SDD No. 5; the following are the minimum development standards and shall
apply unless more restrictive standards are incorporated in the Approved Development Plan.
Development Area A may be modified provided that no such modification shall increase the
discrepancy between the structure or site improvements and the development standards set
forth in this Ordinance.
5 Ordinance No. 7, Series of 1995
(A) Lot Area - Development Area B shall consist of approximately 6.3 acres.
(B) Setbacks - The required setbacks shall be as indicated on the Approved
Development Plan, being a minimum of 20 feet from any perimeter properry line of the total
site.
(C) Distance Between Buildings - The minimum distances between all buildings on .
the site shall be as indicated on the Approved Development Plan.
(D) Height - The maximum height of all buildings shall be 45 feet, with the
exception of the buildings located in Phase II of Development Area B, which shall have a
maximum height as indicated on the Approved Development Plan.
(E) Density Control - The floor area of all buildings and the number of dwelling
units shall not exceed the following provisions:
Dev. Dev.
Area A Area B Total SDD No. 5
Maximum gross residential floor
area (sq. ft.)
Interval Ownership Units 43,000 126,309 169,309 Maximum gross residential floor area
Employee Dwelling Units (sq. ft.) 0 4,955 4,955
Maximum number of dwelling
units, not including the employee
dwelling units 55 110 65
Maximum number of employee
dwelling units p 7 7
Upon fhe approval of this Ordinance 7, Series of 1995, there will be no remain6ng
dvdellings uni4s, Ernployee FGousing Units or available GRFA for any portion of
this SDD.
(F) Building Bulk Control - Building bulk, maximum wall lengths, maximum
dimensions of building groups, and requirements for wall off-sets, shall be as indicated on the
6 Ordinance No. 7, Series of 1995
Approved Development Plan.
(G) Site Coverage - Not more than 20 per cent of the Development Area B shall be
covered by buildings, with the exception of Phase II of Development Area B, which shall be as
designated on the Approved Development Plan.
(H) Landscaping and. IVatural Open Space - A minimum of 60 per cent of
Development Area B shall be landscaped or natural open space in accordance with the
Approved Development Plan, with the exception of Phase II of Development Area B, which
shall be as designated on the Approved Development Plan.
(I) Parking and Loading -
(1) Off-street parking shall be provided in accord with Chapter 18.52 of the
municipal code; at least 85 per cent of the re uired parking shall be located within the
main building or buildings, or beneath accessory decks, terraces, plazas, or tennis
courts and shall be completely enclosed and screened from view, with the exception of
Phase II of Development Area B, which shall be as designated on the Approved
Development Plan.
(2) fVo parking or loading area shall be located in any required front setback
area or on the south side of any building, and no parking or loading shall be permitted
at any time in areas designated for recreation or open space use on the Approved
Development Plan.
(3) Driveways, passenger loading areas, and parking areas not located
within a building shall be permitted only as indicated on the Approved Development
Plan.
(4) On-site parking shall be provided for common carriers providing charter
service to the development; said parking sites shall be indicated on the Approved
Development Plan.
(J) The Approved Development Plan for Phase II of Development Area B shall
consist of the following drawings provided by Morter Architects:
Sheet No. A1.2, dated April 4, 1994, and revised January 16, 1995 (Grading
Plan)
0 Sheet No. A1.2a, dated April 4, 1994, and revised January 16, 1995 (Driveway
option plan #1)
0 Sheet No. A1.2b, dated April 4, 1994, and revised January 16, 1995, (Driveway
7 Ordinance No. 7, Series of 1995
a
option plan #2).
~ Sheet No. A1.2c, dated April 4, 1995, and revised January 16, 1995, (Grading
Plan with pedestrian path options)
0 Sheet A1.3, dated April 12, 1995, and revised May 13, 1993, June 14, 1993
and January 16, 1995 (Vicinity Plan/Site Section)
o Sheet No.'s A2.1, A2.2 and A2.3 dated January 16, 1995 (Floor Plans for
Building Five)
o Sheet No. A2.4, dated January 16, 1995 (Elevations for Building Five).
0 Sheet No's. A3.1 and A3.2, dated January 16, 1995 (Floor plans for building
six)
Sheet No. A3.3 dated February 3, 1995, (Elevations for building six)
Sheet No. L.1, dated June 16, 1995 (Landscape Plan)
SECTION 8- Recreational Amenities Tax.
The recreational amenities tax due to the development within SDD No. 5, shall be
assessed at a rate not to exceed $0.75 per square foot of floor area and shall be paid in
conjunction with construction phases and prior to the issuance of a building permit.
SECTION 9 - Special Provisions.
(A) Conservation and Pollution Controls.
(1) All solid fuel burning devices shall conform with the Town of Vail
Fireplace Ordinance (Ordinance No. 21, Series of 1991) and as amended in the future.
The basic criteria as presently identified in the Ordinance are as follows:
a) Construction of open hearth wood burning fireplaces is not permitted
witnin the Town.
b) Dwelling units may contain: .
i) One (1) EPA Phase II certified solid fuel burning device and no
more than two (2) gas appliances (B vent);
OR
ii) Two (2) gas log fireplaces and no more than two (2) gas
appliances (B vent).
(2) If solid fuel burning devices are provided within the development, they 8 Ordinance No. 7, Series of 1995 I
a
must be heat efficient through the use of glass enclosures, and heat circulating devices
as technology exists at the time of development.
(3) The Developer's drainage plan shall include provisions for prevention of
pollution from surface run-off.
(4) The Developer shall include in the building construction in Development
Area B energy and water conservation controls as general technology exists at the
time of construction. .
(B) Phase II of Development Area B shall include two (2) employee housing units,
and said housing units shall satisfy the requirements of a"Type III EHU" according to the
Town's adopted housing ordinance (Ordinance 27, Series of 1992). Additionally, five (5) of
the existing six employee housing units (numbers 1201, 2205, 2207, 2401, and 2402, as
identified on the Simba Run Condominium Map) shall be permanently deed restricted
according to the requirements of a"Type III EHU" as specified in the Town of Vail's housing
ordinance (Ordinance 27, Series of 1992). The remaining employee housing unit (number
1205,) shall become a"free-market" dwelling unit upon such time as the above seven (7)
permanently restricted employee housing units meet the restrictions as indicated in the Town
of Vail's housing ordinance and have been issued Temporary Certificates of Occupancy.
(C) Approval of Subdivision and Interval Ownership - Interval ownership of multiple-
family dwelling units, with the exception of the required employee dwelling units and the
dwelling units in Phase II of Development Area B, is hereby approved. Subdivision of the
multiple-family dwelling units (not designated for employee housing) permitted in Development
Area B into interval ownership fee interests shall require no additional approvals from the
Town of Vail Planning and Environmental Commission or from the Town Council for the Town
of Vail.
(D) Recreational Amenities - The Approved Development Plan shall include the
following recreational amenities:
(1) A minimum of five additional tennis courts (Development Area A
presently has three tennis courts with two of them covered during the winter season).
Said tennis courts shall be made available to the general public on a fee basis, subject
to reasonable regulation in favor of owners or guests of the development.
(2) Recreation amenities fund contribution of $10,000 to be used for general
recreational improvements by the Town of Vail.
9 Ordinance No. 7, Series of 1995
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(3) Bike and pedestrian path traversing property from east property line of
Development Area A to west site line of Development Area B shall be provided by
developer with exact location to be mutually acceptable to developer and the Town.
(4) Swimming pool (in addition to the existing pool in Development Area A)
of adequate size to reasonably serve the needs of the development and shall be open
to the public on a fee basis subject to reasonable regulation in favor of owners or
guests of the development.
. (E) Additional Amenities -
(1) The Developer shall provide adequate transportation services to the
owners and guests of the development so as to transport them from the development
to the Village Core area and the Lionshead area.
(2) The Developer shall provide in its Approved Development Plan a bus
shelter of a design and location mutually agreeable to the developer and the Town
Council. Said shelter to serve the Lionsridge area generally.
(F) Additional Requirements -
The developer agrees with the following requirements, which are a part of this
amendment to Special Devetopment District No. 5:
(1) The Town shall not issue a Temporary Certificate of Occupancy for any
of the Phase II condominiums (according to the Savoy Villas phasing plan) until such
time as Temporary Certificate of Occupancy's have been issued for both units in the
employee housing building, and deed restrictions have been executed for Units 1201,
2205, 2207, 2401 and 2402 in the Simba Run building.
(2) The applicant agrees to permanently restrict the seven employee
housing units as "Type III" EHU's, according to the Town's adopted housing ordinance.
(3) The applicant agrees that if they are unable to obtain the permission
necessary to locate the bike path on the western portion of the Simba Run property,
they will go back to the Design Review Board with an amended site plan which shows
the triplex building being relocated approximately 10 feet to the west, in order to allow
the bike path to continue in a southerly direction through the property until it connects
with the existing bike path adjacent to the North Frontage Road. Irregardless of the
ultimate location of the bike path, the applicant agrees to construct and maintain a
public pedestrian path through the property (north to south) and will arrange for the
10 Ordinance No. 7, Series of 1995
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grant of a public access easement to the Town of Vail prior to the Town's issuance of
any TCO for any of the Phase II condominiums (according to the Savoy Villas phasing
plan).
(4) The applicant shall obtain a Colorado Department of Transportation
access permit for the proposed triplex driveway prior to the Town's issuance of any
building or grading permits for the three townhomes located on the lower bench of the
development.
(5) The applicant shall add additional landscape plantings subject to the
review and approval of the Design Review Board.
(6) The applicant shall grant the Town of Vail a drainage easement through
the property, to provide for the existing drainage flow which currently enters the site
between the proposed employee housing building and the eastern condominium
building on the upper bench. The developer shall provide this easement to the
Community Development Department for approval before the Town will release any
Temporary Certificate of Occupancy for units in the Phase II Condominiums (according
to the Savoy Villas phasing plan).
(7) The applicant shall provide a bike path easement for any portion of the
existing bike path located upon the applicant's property. The easement shall be
submitted to the Community Development Department by the developer and executed
before the Town will release any Temporary Certificate of Occupancy for units in the
Phase II Condominiums (according to the Savoy Villas phasing plan).
(8) The rockfall hazard report provided by the applicant's geologist in
conjunction with the 1993 approved development plan, must be amended to identify
any additional mitigation necessary as a result of the amendments proposed in the
1995 plan, prior to the Town's issuance of any building permits for the project.
(9) Prior to the issuance of a building permit for the three townhouse units,
the applicant will receive final approval from the Town of Vail Engineer regarding the
driveway relocation plans.
SECTION 10
If any part, section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed
11 ordinance No. 7, Series of 1995
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses, or phrases be declared invalid.
SECTION 11
_ The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants
thereof.
SECTION 12
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code
as provided in this ordinance shall not affect any right which has accrued, any duty imposed,
any violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or
any ordinance previously repealed or superseded unless stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this day of , 1995. A public hearing on
this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail,
Colorado, on the day of , 1995, in the Municipal Building of the Town.
Mayor
Attest:
Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED (IIV FULL) (BY TITLE ONLY) THIS DAY OF , 1995.
Mayor
Attest:
12 Ordinance No. 7, Series of 1995
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Town Clerk
EXtiIBIT A
That part of the First Supplemental Map for Simba Run Condominium, according to the map
thereof recorded in the office of the Eagle County, Colorado, Cledc and Recorder, described as
follows:
Beginning at the most southwesterly corner of said map, thence the following three courses along
the westerly lines of said map; t) N03°33'01"E 160.79 feet; 2} N12050'33"E 144.72 (eet; 3)
N17°56'03" 70.60 feet; thence, depaning said westerly line, S13°16'03"W 157.26 feet, thence
S76°43'57"E 91.50 feet; thence N13°16'03"E 35.00 feet; thence S76143'57"E 72.31 feet to the easterly line of said map; thence the tollowing two courses along the easterly and southeasterly
lines of said map; 1) S24°44'57'E 52.38 feet; 2) S52°50'29"W 272.50 feet to the Point of
Beginning, containing 0.6134 acres, more or less; and
That part of Simba Run, according to the map thereof, recorded in Book 312 at Page 763 in the
Office of the Eagle County, Coiorado, Clerk and Recorder, described as follows:
Beginning at the most southerly corner of said Simba Run, thence the following four courses along
the southwesterly and nonhwesterly Iines of said Simba RUn; 1) N37109'31"W 233.28 feet; 2)
334.57 feet along the arc of a curve to the leh; having a radius of 1771.95 feet, a central angle of
10°49'06", and a chord thal bears N42°13'20"E 334.07 ieet; 3) N36048'48" E 201.36 feet; 4) 15.96
feet along the arc of a curve to the nght, having a radius of 428.02 feet, a central angle of
02°08'12", and a chord that bears N37°52'54" E 15.96 feet to a corner on the westerly boundary of
the First Supplemental Map (or Simba Run Condominium, according to the map thereof recorded in
the olfice of the Eagle County, Colorado, Clerk and Recorder; thence the following four courses
along said westerly boundary, t) S21°51'28'W 69.90 feet; 2) S17°56'03"W 181.17 feet; 3)
St2°50'33"W 144.72 (eel; 4) S03°33'0t"W 160.79 feet to the southeasterly line of said Simba Run;
thence, along said southeasterly Iine, S52°50'29"W 113.08 feet to the Point of Beginning,
containing 1.560 acres, more or less.
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13 Ordinance No. 7, Series of 1995
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MEMOIlKNDV1YA
TO: Planning and Environmental Commission
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FROM: Community Development Department
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DATE: February 27, 1995
SUBJECT: A request for a change to the Vail Land Use Plan from Park (P) to Low Density
Residential (LDR) for a parcel owrned by the Vail Valley Consolidated VUater
District, located at 967 Vail Valley DrivelTract C, Vail Village 7th Filing.
Applicant: Vail Valley Consolidated Vllater District, represented by Pat .
Dauphanais
, Planner: Jim Curnutte
8. 0NT RODUCTo0N
The Vail Valley Consolidated Water District has requested a change to the Vail Land Use Plan designation of the Gore Creek Water Treatment Plant property, located at 967 Vail Valley
Drive, Tract C, Vail Village 7th Filing. The current Land Use Plan designation of this property
is Park (P). The VUater District would Iike to change the designation to Low Density
Residential (LDR). The property is currently zoned General Use District (GUD). The Land
Use Plan defines the two land use categories being discussed in this memo as follows:
Parks - Town owned parcels intended for both active recreation activities, such as
athletic fields, golf courses, and playgrounds, as well as areas for various passive
recreation activities. °
Low Densitv Residential - This category includes single family detached homes and
two family dwelling units. Density of development within this category would typically
not exceed three structures per buildable acre. Also within this area would be private
recreation facilities such as tennis courts, swimming pools and club houses for the use
of residents of the area. Institutional/public uses permitted would include churches, fire
stations, and parks and open space related facilities.
If.the Land Use Plan is changed as requested, it is the Water District's intention to propose a
zone change to the property from its current zoning designation of General Use District to the
Primary/Secondary Residential district. The application for rezoning shall not be submitted for
consideration by the Planning and Environmental Commission (PEC) or Town Council until a
final determination is made regarding the appropriateness of the proposed Land Use Plan
change discussed in this memo.
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II. BACKGROUND ~
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The Gore Creek Water Treatment Plant came on line in the early 1970's as a surface water
treatment plant for the Town of Vail. The raw water intake for the plant is located in Gore
Creek directly north of the plant. During its peak production period, tlie plant produced
approximately 0.75 million gallons of treated water per day. Operation of the Gore Creek
Water Treatment Plant was discontinued in December of 1985, with tFie addition of the Vail
Golf Course Wells. Since that time, all pumps, lubricants, and chemicals have been removed
from the property and the plant has stood vacant. ~
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On October 24, 1994, a worksession was held with the PEC in order to discuss the proposed
Land Use Plan amendment (see Attachment #1 - Minutes from October 24, 1994 PEC
meeting). During the review of the proposed project, the PEC discussed the following issues:
1. The appropriateness,of using the property as a park.
After a site visit to Tract C, the PEC felt that, with the removal 'of the water treatment
building, shed and associated mechanical equipment, the property is of a size and
shape which would be conducive to its use as a small neighborhood pocket park. The
property itself is relatively level, however, it is physically separated from Ford Park by a
substantial elevation change located directly to the north of the property. Although it is
immediately adjacent to residential development to the east, it does not appear to be
"centcally" located wit.hin a neighborhood without requiring users to walic some distance
along Vail Valley Drive, a fairly heavily traveled roadway which does not have a
sidewalk adjacent to it. Also, neither the Ford Park Master Plan nor the recently
adopted Comprehensive Open Lands Plan identify this property as being necessary to
acquire for an addition to the Town's existing park facilities. Tfie PEC felt that the
existing Primary/Secondary Residential zoned neighborhood along Vail Valley Drive
was adequately served by its close proximity to existing recreational amenities, (i.e.
Ford Park, Soccer Fietd, Golf Course, etc.). Ann Repetti, who 'llives at 1001 Vail Valley
Drive, directly to the east of Tract C, attended the PEC worksession in order to
express her opinion on what should happen at this site. She s,tated that she would not
like to see a pocket park on the property and was not opposed to limited residential
development (i.e. single family, duplex or primary/secondary). ~
2. The appropriateness of the proposed residential use of ithe.property.
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The Vail Land Use Plan points out that the boundaries of the vlarious land use
categories established on the plan map are general in nature and were not determined
based on parcel-by-parcel property boundaries. Although the Gore Creek Water
Treatment Plant discontinued operation at about the same time that the Land Use Plan
was being adopted, it is not clear whether this individual lot was specifically considered
when applying the overall land use designation of Park to the area, or whether the staff
simply determined that it was noi currently being used for residential purposes and was
not therefore included in the adjacent Low Density Residential 'designation. The PEC
felt that this lot is of a size and shape capable of accommodat ,ng a single family,
' duplex or primary/secondary structure and that the property seems to be a togical
terminus to the adjacent residential neighborhood. ~
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The PEC did, however, express concern with. the idea of changing the Land Use Pian
to allow for the residential use of this property, in light of its historical use as a water
treatment plant. In order to adequately assess the proposed Land Use Plan change,.
the PEC asked the applicant to provide as much information as possible related to past
and present uses of the property, including the storage of chemicals, hazardous
materials, or other materials.
In January of 1995, a Phase I Environmental Audit was conducted on the subject
property (see Attachment #2). The purpose of the audit was to evaluate the property
for potentially significant on-site environmental contamination. Review of historical
property uses, environmental records available from government agencies, and a
property inspection were conducted. Records were also evaluated for information on
air pollutants, water pollutants, hazardous materials and other sources of
pollutants/hazards of potential concern, including known complaints and spills. The
report indicates that the subject property was a permitted water treatment plant until
1986, without any history of significant noncompliance with the Colorado Drinking
VVater regulations. Additionatly, there are no documented environmental hazards or
registered environmental pollution sources located at the property. There are no
government records which indicate that subsurface contamination in the immediate
vicinity of the subject property has occurred. The applicant has indicated that there
are no record of spills or leaks at the Gore Creek Water Treatment Plant during its
operation.
In addition to the above-described Environmental Audit, the applicant has provided the
following information related to the use of chemicals used in the treatment of water
during the time of operation:
-Chlorine: Daily average use of chlorine was approximately 20
pounds per day. The District would normally store four
150 pound gas cylinders on-site.
-Alum: Use was approximately 120 pounds per day. The amount
of chemical stored on-site was approximately ten 100
pound bags of dry alum.
-Polymer: The amount used on-site was approximately 700
milligrams per day. Polymer was shipped in 55 gallon
drums. Usually, one drum was stored at the Plant while
in use.
-Sodium Fluoride: Consumption of fluoride was approximately 5 pounds per
day. Fluoride was shipped in 500 pound cardboard
containers, about the size of a 55 gallon drum.
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3. Documentation and removal of all abandoned water rel~ated equipment on and
off of the subject property and the undergrounding of tfie nearby overhead
powerline.
The Water District originally intended to dispose of the propert,y "as is". In other words,
the District would sell the property as it exists today and the new purchaser would be
responsible for removing all above and below ground buildings and associated
equipment. The PEC was concerned with the quality of the remedial work if it was
carried out by a private individual and requested a firm commitment from the district,
for the removal of all elements of the old water treatment plant, including those
currently located off of the property and in Gore Creek. ~
Pat Dauphinais, representing the Water District, has agreed to~ remove all on-site,
above and below ground equipment and structures associated~with the water plant with
the following exceptions: ~
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A. The District woutd like to retain the sewer manhole located along Vail
Valley Drive in order to provide a convenient tap for the future
residences. j
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B. The District would like to remove only that portion of the existing 8-inch
iron intake pipe to a point located at the setback lines of the lot, and
abandon the remainder of the pipe, on and off o;f the property, in place.
The District believes that the environmental damage resulting from the
removal of this pipe would outweigh any possible benefit gained from
having it removed. i
C. The District would like to leave in place all on a nd off-site improvements
associated with the raw water pump. The District has indicated that the
pump station, intake pipes located in Gore Creek and the existing 10-
inch iron backwash pipe (which is located underj the golf cart path) are
necessary for the future use of the Vail Recreation District. The Vail
Recreation District intends to use this pump station in order to
supplement and improve its ability to irrigate theI upper portions of the
Vail Golf Course. The existing pump station for irrigating the entire golf
course is located approximately 1 mile upstream. Apparently, #he Vail
Recreation District has already installed a 4-incfi plastic pipe to the
pump station (underneafh the golf cart path) but has not made the
improvements necessary to allow the system to boperational.
The Vail Recreation District is currently negotiating with the Water
District for the transfer of ownership of the pump station, piping and
associated equipment. ;
With regard to the request for undergrounding the nearby aboi,e ground power lines,
Mr. Dauphinais has indicated that when the future residences are proposed to be
constructed on the property, the Design Review Board (DRB) will require that the
power service lines must be undergrounded leading from the existing overhead utility
lines to the buildings. He also pointed out that the existing overhead power lines are
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not actually located on the property and the district has no control over their removal. Mr.
Dauphinais has contacted Holy Cross Electric to inquire about the undergrounding of the line
and Holy Cross has indicated that they have no immediate plans, nor do they desire to have
the line undergrounded at this time. The line is strung over Gore Creek and would be very
difficult, expensive and environmentally disruptive to bury.
4. The dedication of easements to accommodate possible revisions to traffic flow
on Vail Valley Drive and the existing golf cart path which runs along the eastern
side of the subject lot.
The Vail Transportation Master Plan was adopted in January of 1993 and offers a
number of recommendations for improving the Town's transportation system. One
recommendation, related to Tract C, suggests the potential long-range revision of traffic
flow on Vail Valley Drive. The plan recommends that at some point in the future, it
may be beneficial to provide a new connection from Vail Valley Drive to the South
Frontage Road, by way of a bridge across Gore Creek at the eastern end of Ford
Park. Vail Valley Drive could then be converted to one-way traffic flow to the east.
The conceptual plan associated with this recommendation indicates that the new
bridge would be located in the general area to the west of Tract C. The plan points
out that the Vail Valley Drive concept would require extensive environmental anatysis,
preliminary engineering analysis, and extensive public review prior to being
implemented, but that the idea has sufficient merit to warrant further investigation. The
staff and PEC expressed concerns at the worksession that the proposed land use
change, and ultimate rezoning of the property from General Use District to a residential
zone district, would preclude this property from being considered for the above-
referenced connection to the South Frontage Road.
As shown on Attachment #3 (a copy of the topographic survey), there are numerous
easements located along the eastern side of Tract C. The applicant has provided staff
with a title report for this property which identifies the location and purpose of all
easements located on the property. None of the easements identified in the title report
provide for the continued use of the existing golf cart path leading to Hole #7 tee box.
The Water District Board of Directors has agreed to grant a public easement to the
Town of Vail to accommodate the existing golf cart path adjacent to the east property
line.
The Water District Board of Directors has also voted to dedicate an easement along
the western 60 feet of the lot, to accommodate the possibility of a realignment of Vail
Valley Drive in the future.
5: VVhere wrould the proceeds from the sale of Tract C be invested?
Mr. Dauphinais has indicated that the proceeds from the sale of this property will be
dedicated to the DistricYs future capital improvements within the Vail Valley.
Specifically, Mr. Dauphinais believes that all or most of the money will be used for the
construction of a new one million gallon water tank in the East Vail area. The new '
tank will not only improve fire flows in the East Vail area but will also provide a
reservoir of water for other emergency situations requiring the expenditure of large
amounts of water.
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III. ZONING ANALYSIS
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Although the purpose of this PEC hearing is to discuss the issues related to the proposed
Land Use Plan change and not a future re2oning request, staff felt that it would be helpfut to
show the relationship between the development standards of the existing General Use zoning
on the property and the Primary/Secondary Residential zone district, which may ultimately be
proposed should this Land Use Plan designation change request be a'pproved.
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Development Existing General Proposed Primary/Secondary
Standards Use Zone District Zone; District
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Lot Size: 0.45 acres or Same
19,602 sq. ft.
Dwelling Units: Type III and IV EHU's; Number per Two dwelling units in a
lot to be determined by PEC. Primary/Secondary structure
and i Type II EHU.
Allowed Uses: Examples include: public and private Single Family or Primary/Secondary;
schools, public theaters, churches, and a Type II EHU.
hospitals, public recreation facilities, etc. i
GRFA: To be determined by PEC. 5,060 sq. ft., (includes two 425 sq. ft, credits)
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Setbacks: To be determined by PEC. . 20 feet front, 15 feet side and rear
Site Coverage: To be determined by PEC. 3,920 sq. ft., or 20%
Building Height: To be determined by PEC. 33 fel t for a sloping roof.
Lot Area and Site Dimensions: To be determined by PEC. 15,00,0 sq. ft. of buildable area,
30 feet of minimum frontage, and must be
capable of enclosing a square area, 80 feet on
each side within its boundaries.
IV. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL,
Page 61 of the Vail Land Use Plan identifies the amendment process which should be used to
change the Plan, and accompanying map. The Plan states that the amendment process shall
be used to ensure the Plan's effectiveness with periodic updates to reflect current thinking and
changing market conditions. The process includes amendments which may be initiated in any
of the following three ways:
A. By the Planning and Environmental Commission or Town Council.
B. By the Communiry Development Department. ~
C. By the Private Sector. ~
Proposed changes to the Land Use Plan by the private sector require !the applicant to clearly
demonstrate how conditions have chanqed since the plan was adopted, how the plan is in
error, or how the addition, deletion or chanQe to the Plan is in concertiwith the Plan in qeneral.
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Staff believes that the applicant has shown compliance with the Land Use Plan amendment
procedures in the following ways:
1. How have conditions chanpes since the plan was adopted? At the time the
Land Use Plan designated this property as Park, there was an operating water
treatment plant on the property. Shortly after adoption of the Plan, the use as a
water treatment plant was discontinued and the building has stood vacant
since.
2. How is the plan in error? - Since the Land Use Plan assigned a designation of
Park to the property, during a time that it was being used as a water treatment
plant, the applicant believes that the ptan was adopted in error, writh regard to
- this specific piece of property. Additionally, the applicant has indicated that if it
was the Town's intention to use this propeity as a park in the future, it most
likely would have been discussed in the Ford Park Master Plan and/or the
Comprehensive Open Lands Plan. These twro plans are discussed in more
detail as follows:
A. Ford Park AAaster Plan - The Gerald R. Ford Park was acquired
by the Town in 1973 and the Master Plan for it was approved in
1985. The Master Plan states that, the purpose of acquiring the
property was twofold. The first was to presenre developable land
as open space to be used either actively for recreational
purposes or passively as open space, retaining the alpine or
riparian character of the land. The second goal was to manage
the amount of growth that. can occur in the Gore Valley. The
report goes on to state that the Ford Park Master Plan meets
these goals while providing for the recreational needs of the
Town to last far into the next century. Although Tract C shows
up on the periphery of all maps contained in the Ford Park
Master Plan, it is not actually included within the boundaries of
the park ptan itself and no recommendations were made for
including Tract C into the development portion of the plan.
B. Comprehensive Open Lands Plan - The Comprehensive Open
Lands Plan was adopted by the Town on March 11, 1994. The
purpose of the Plan is to identify and develop strategies for
acquiring or protecting key remaining open lands in Vail that
would be valuable for recreation, protecting sensitive
environmental resources, extending or connecting trails, and
creating a small amount of contingency land for unforeseen
needs. The Plan identifies existing open land in and around Vail
and determines the current need for obtaining additional land for
recreation, conservation, trails and public use. The Plan also
identifies and analyzes specific parcels that can meet these
needs. Over three hundred and fifty parcels of land throughout
town were evaluated, including fifty-one parcels on which actions
are recommended. Tract C is not identified in the
Comprehensive Open Lands Plan as being a parcel of property
which is recommended for acquisition and use as park land, or
for any other public purpose.
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3. How is the addition, deletion or chanqe to the Plan in cloncert with the Plan -in
eneral? - The applicant has shown that the proposed, change to the Ptan will
not be detrimental to the Plan in general since the property appears to be more
conducive to a future use as residential. Additionally, the proposed change
would appear to carry out the following goal statements contained in the Land
Use Plan: ~
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the permanent
resident. 1.3 The quality of development should be maintained and upgraded
. whenever possible. 1.12 Vail should accommodate most of the adciitional growth in
existing developed areas (in-fill areas).
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5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas whEre
high hazards do not exist. !
6.1 Services should keep pace with increasetl growth.
6.2 The Town of Vail should play a role in future development
through balancing future growth with services.
6.3 Services should be adjusted to keep pace with the needs of peak
periods. i
V. STAFF RECOMMENDATION '
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Staff recommends approval of the requested change to the Vail Land Use Plan designation of
Tract C, Vail Village 7th Filing from Park to Low Density Residential. Staff believes that the
applicant has shown that conditions have changed since the Plan was adopted, how the Plan
is in error, and how the change to the Plan is in concert with the Plan i,n general.
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Staff's recommendation for approval is based on an understanding that the Water DistricYs
application for a change to the Land Use Plan includes commitments to complete the following
items:
1. Prior to the transfer of ownership of the property, the Water District will dedicate
an approximate 10-foot wide public easement across the eastern side of Tract
C to the Town of Vail, to allow for the continued use of a portion of Tract C for
a golf cart path.
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2. Prior to the transfer of ownership of the property, the VVater District will dedicate
a road easement across the western portion of Tract C to the Town of Vail
(approximately 60 feet from the westernmost end of the property) to be used for
the future realignment of Vail Valley Drive (to connect with the South Frontage
, Road).
3. Prior to the transfer of ownership of the property, the 1lVater District will remove
all above and below ground improvements on Tract C, uvith the exception of the
eastern 15 feet of the 8-inch iron intake pipe, the 10-inch iron pipe used to
backwash the pump station and intake pipes, and the sewer manhole tocated
along Vail Valley Drive. The hole(s) resulting from the removal of belowr ground
improvements will be filled and the property will be regraded and revegetated
according to a plan approved by the Town.
4. The Water District has agreed that if the transfer of ownership of the raw water
intake system and associated equipment (pump station, backwash pipe, vaults, •
etc.) to the Vail Recreation District is not be completed, or if the system is not
able to become fully operational, within. three years from the date of approval of
the Land Use Plan change. it will immediately be removed at the expense of
the VVater District.
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PLANNING AND ENVIRONMENTAL COMMISSION
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October 24, 1994
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MINUTES i
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
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Greg Amsden Kathy Langenwalter Mike Moilica
Bill Anderson Allison Lassoe Andy.Knudtsen
Bob Armour Randy Stouder
Jeff Bowen Jim Curnutte ,
Dalton Wiiliams Lauren Waterton
1. A request for a worksession to discuss a proposed change to the Land Use Plan from
Park (P) to Low Density Residential (LDR) for a parcel owned by the Vail~Valley~a
Consolidated Water District, located at 967 Vail Valley Drive/Tract C, Vail Village 7th
Filing. ~
Applicant: Vail_Valley Consolidated Water District, represented by Pat Dauphanais
Planner: Jim Curnutte ,
Jim Curnutte made a presentation per the staff inemo. I
Pat Dauphinais, representing the Vail Valley Consolidated Water District, stated that
this was a surplus property and the Water District did not have a use for it any longer.
He stated that it was the District's beliei that the Land Use desig'nation of Park for this
property was an error and that a residential use would be more appropriate. He
pointed out that there is no lack of parks and recreational opportunities in the area. He
said that the proceeds from the sale oi the property will be used !to build a new. one
million gallon water tank in East Vail. He stated that all water related facilities on and
off of the property will be removed. !
Bill Anderson asked whether the overhead power lines and transformers would be
removed from the site. '
Pat Dauphinais responded that they would be removed from the ~site.
Bob Armour was concerned about the disturbance that would result from the removal
of an intake pipe from Gore Creek, however, he did feel that it did need to be ,
removed. ~
Greg Amsden stated that he wanted to see the removal of items ioff-site and
underground. ~
Dalton Williams asked if a soils test had been.performed on the property.
Russ Forrest stated that the possibility of water or soil being cont.aminated was minimal
in light of the type of chemicals used on -the property and how they were handled.
A1TACHMIN'P # 1 ' .
Planning end Environmental Commission Meeting Minutes
October 24, 1994 ~ 1
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Ann. Repetti, who lives at 1001 Vail Vafley Drive, stated that she was very concerned
about vvhat would happen at this site. She stated that she and her family were not
opposed to limited residential development (i.e. single family, duplex or
primary/secondary) but would hate to see anything more than that. She pointed out
that she lives in a duplex. She stated that she would not like to see a pocket park on
the property.
Jim Curnutte responded that the requested change to the Low Density Residential
designation would limit future construction to either one duplex, one primary/secondary
or one single family structure.
Dalton VVilliams felt that there was no need for additional park space in this area. He
said that residential use for this site seemed to make the most sense. He stated that
. he would like to see all equipment from ihe former water treatment plant identified and
removed from the property.
Pat Dauphinais stated that with regard to the removal of whatever infrastructure was in
place, that it may be easier to leave certain elements in place as opposed to tearing
' up the entire site. Jim Curnutte suggested that a sub-surface inventory be conducted and then they could
determine what would need to be removed.
Jeff Bowen stated that because the site was triangular, he felt that a single family
residence would be the most appropriate option for this site.
Bob Armour felt that a sub-surface inventory would be a good idea. He did not feel
that there was a need for another park on this site. He felt that this site would be a
good buffer between the residential area and the park that surrounds it. Ne agreed
with Jeff's comment regarding the future zoning and said that we may want to consider restricting the GRFA on the property.
Bill Anderson and Greg Amsden agreed with the other PEC members comments.
Greg also said that the surrounding topography creates a natural separation from Ford
Park.
Pat Dauphinais stated that they did not want the GRFA on the site restricted in any
way because this would directly affect the property's value. He pointed out that they
will most likely request Primary/Secondary zoning for the lot, not single family. He
stated that it is a perfectly buildable lot and the only restrictions should be as a result
of taking the future building through the Design Review Board review.
2. A review of the trash removal plan for a proposed coffee shop (restaurant), located in
the Covered Bridge Building, at 227 Bridge StreeULots C and D, and a part of Lot B,
Block 5-13, Vail Village 1 st Filing.
Applicant: East West Hospitality
Planner: Mike Mollica
It should be noted that Jeff Bowen abstained from this request.
Planning end Environmental Commission Meeting pAinutes
October 24, 1994 2
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FINAL REPORT !
. January 4,1995 '
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PHASE I ENVIIZONMENTAL ASSESSZVIENT
Tract C, Vail Village Filing No. 7 i
Gore Creek Water Treatment Plant ~
. Vail, Colorado ~
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Upper Eagle Valley Water and Sanitation Distirict
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PHASE I EtVVIRONMEN'g'AlL ASSESSMEN'II'
Trace C, Vail Vellage Feleaag N0. 9
Gore Creelc Water 'I'rea8rnent Plaaat
967 Vail Valley Drive
Vail, Coloracio
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TABLE OF CONTENTS !
1.0 PROPERTl' USE INVESTIGATION 2
1.1 Property Description ...............................2
1.2 Ownership and Land Use ~ ...................................2 .
1.2.1 Review of Title Information 2
1.2.2 Review of Building Records ........................................:.................................3
1.2.3 Review of Aerial Photoeraphy .......................................................................3
1.2.4 Review of Street Directories and Historical Records .................................3
3
1.2.5 Interview
1.2.6 Review of Planning and Zoning Information .................................................3
1.3 Summary of Property Use Investigation .....................1................................3
2.0 ENVIRONMENTAL RECORDS REVIEW ...............1...............................4
2.1 Pollution Sources at the Subject Propeny 4 ~
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2.1.1 Inspection, Compliance, and Monitoring History .......:................................4
2.1.2 Potentially Responsible Parties at Superfund Sites ...................................5
2.2 Potential Environmental Hazards at the Subject Property .........................5
2.2.1 Wetlands .......................................................................................................5
2.3 Assessment of Environmental Risk from On-Site Sources/Hazards........ 5
2.4 Pollution Sources in the Surrounding Area 7
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2.4.1 Stationary Air Pollution Sources ..................................:..........:....................7
2.4.2 Stream Pollution Sources 7
2.4.3 Hazardous Waste Facilities 7
2.4.4 Underground Storage Tan}c Sites ' .............8
2.4.5 Landfills ...........................:.............................................:..............................9
2.4.6 Polychlonnatcd Biphcnyls (PCBs)-Sourccs .................i...............................9
2.4.7 Chemical Radiation Sourccs .........................................................................9
2.4.8 Spills and Complaincs ~
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2.5 Environmental Hazards in the Surrounding Area .......................................10
2.5.1 Floodplain Locacions . I .............................:.10
2.5.2 Wetlarrds .......................................................................:...............................10
2.5.3 Registered Mining Sites ..................:.......................:....:...............................10
2.6 Potential Pathways for Contaminant Mip-ration to thelSubject Property...10
2.6.1 Utility Comdors
10
2.6.2 Groundwater ...................................................................!..............................10
2.7 Assessment of Environmental Risk from Off=Site Pollution
Sources/Hazard; ..............................11
3.0 PROPERTY INSPECTION 11
3.1 Building Inspection ............................11
3.2 Property Grounds ................................12
3.3 Surrounding Propenies ..................................................:,..............................12
3.4 Assessment Summary of Property Inspec;tion .............:..............................12 ~
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4.0 SUMMARY OF ENVIRONMENTAL ASSESSMENT ................:...........12
5.0 RECOMMENDATIONS ............................13
6.0 LIMITATIONS ; ...............................13
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1.0 . PROPERTY USE gNVESTdG,4TI0N .
1.1 Propergy Descraptiorn
The subject property is described as Tract C of Vail Village Filing No. 7, lying in the NE4 of
Section 8 and the Nul4 of Section 9, Township 5 South, Range 80.West of the 6th Prime
Meridian. The property is addressed as 967 Vail Valley Drive, Vail, Colorado. The roughly
triangular-shaped lot is approximately 19,602 square feet in size and contains the Gore Creek
Water Treatment Plant, a one-story concrete block building which has been unused since
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1.2 Ownershep and ]Lanci Use
The historical uses of the subject property were established by review of assessment and
title records from the Eagle County assessor's and clerk and recorder's offices, review of [he
Town of Vail's building and inspection records, an interview with a foreman/water treatment
plant operator of the Upper Eagle Valley Sanitation District, and review of the Town of Vail's
planning and zoning records.
1.2.1 Review of Title Information
The subject property is currently owned by Vail Valley Consolidated VVater District, which
acquired the property in May 1989. T'he previous owners were traced back through 1938.
The current and previous owners and the approximate datcs of ownership are listed in Table
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TAI3I.E 1
HISTOFtICAi. O~VNEItSHIP
'B'ract C, Vail Viilage Filing No. 7
Gore Creedc NVaeer T'reatment Plant
967 Vail Vallev Drive
S'ail, CO
Owners Dates of Ownership
Vail Valley Consolidated Water Disunct May 1989-Present
Vail Water and Sanitation District lune 1969-May 1989
Vail Associates, IneJVail Associaies. Ltd. September 1964-June 1969
Peter W. Seibert lune 1963-September 1964
'Henry W. & Leona E. Antholz August 1958-June 1963
Henry W. Antholz August 1938-August 1958
Iowa Invesiment Company prior to August 1938
The review of past and present owners does not reveal any obvious or known
environmentally significanc land use at the subject propeny. Peter Seibert was a principal
founder ot Vail.
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1.2.2 Review of Building Records ~
No building records for the subject property address are on file at liither the Town of Vail or
Eagle County government offices. First building records for the Vail Valley and Eagle County
date from the early 1970's. I
1.2.3 Review of Aerial Photography ~
Historical aerial photographs are not available Cor the Vail area from the Colorado School of
Mines Library or the Colorado Aerial Photography service, the only two known resources
which would have photographs of a suitable scale.
1.2.4 Review of Street Directories wid Historical Recorcls ~
Denver Public.Library historical records (including.Sanborn fire insurance rate maps and
historical street directories) are unavailable for public use until March 1995. There are no
other sources of historical records known for the Vail area. i
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1.2.5 Iitterview
Mr. Lanny Carlson, a plant operator and foreman for the water district for 13 years, indicated
that the water treatment plant operated at the subject property from approximately 1972-
1986. There have not been any petroleum storage facilities at the property. It is his
understanding that the property was part of a ranch prior to the de ielopment of Vail.
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1.2.6 Review of Planning aiid Zoiiiitg Inforntation i
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The subject property is zoned as a general use district. TIie neighborhood to ttie east is
zoned Primary/Secondary Residential District, and the nearby Gerald Ford Park, the Vail Golf
Course and the soccer fields are zoned Agricultural and Open Spacie.
1.3 Summary of Property Use Investigadon ~
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The subject property contains an inactive water treatment plant that operated from the early
1970's to the mid 1980's. The property is believed to have been in ;ranching use prior to the
cievelopment of the Vail Valley. Nearby propenies include the Vail Golf Course and the
Gerald R. Ford Park, as well as several single family residences arid duplexes. No
environmentally significant land uses were uncovered in ehe vicinity of the subject property. _
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2.0 Et~IRONMENTAg. RECOR~S REVYEW
2.1 Pollutaon 5ources at the Sub,gect Propea-ty
'g'E1BLE 2A
Environrnenta9 ILacenses, Perataets, and Notiacatioaas
ag the Subjecg Propea-ty
"B'vpe of Perreie8/Notifcation Agency Permit
APEN/Air Pollutant Emission Permit CDPHL' 1 none
NPDES Permit (stream discharge) CDPHE none
Hazardous waste notification/permit CDPHE none
Tank registration CDPHE/OIS2 none
Radiation Source License CDPHE none
Water Well WRE3 none
Da-iaeking Vb'aQer System Perrnit CIIDPHE YES
Spills and Complaints EPA4/CDPHENail5 none
Kev for Table 2A 1 CDPHE=Colorado Depaztinent of Public Health & Environment
2 OIS=Colorado's Office of Oil Inspection
3 WRE= Colorado Division of Water Resources
4 EPA=US Environmental Protection Agency
5 Vail=Vai1 Environmental Health Officer
2.1.2 Inspection, Compliance, and Monitoring History
CDPHE Drinking Water files wcrc rcviewcd Cor thc Upper Eagle Valley and Vail •
Consolidatcd Watcr District. Thc most rcccnt compliancc inspcction of thc Vail Consolidated
District watcr treatment facilities was pcrformed in Dcccmber 1993 and the inspcction report
indicates the inactive status of the Gore Creek Plant. Historical inspection and monitoring
records for the Gore Creek Plant were also reviewed and appear to indicate that. the last
compliance inspection occurred in July 1983. The use of alum and polymer, filtration, and
chlorinauon processes were confirmed from the inspection report. There were no major
problems noted at that time, but recommendations were made to improve routine
maintenance items (e.g. flushin- the filtration tanks) and to refine the treatment operations
by optimizing chemical dosages. The last sclf-monitoring reports were from January 1985.
Mr. Jim Chubrilo, District Engineer for the CDPHE Water Quality Control Division, could not
recall any ongoing chemicals management problems at the plant durina its previous operation.. .
There are no other records of inspections by the above listed agencies for environmentally
related matters at the subject property, and no ocher regulatory agency environmental
compliance or monitoring reports were available for the subject property.
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2.1.2 Potenrially Responsible Parties at Superfund Sites I
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EPA (Environmental Protection Agency) records of .potentially re'sponsible parties ("PRPs")
for investigation and cleanup of CERCLA/Superfund Sites were also compared with known
owners of the subject property. The property's current owner (VaiWpper Eagle Valley
Consolidated Water District) is not presently identified as a PRP in the State of Colorado.
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2.2 Potential Environmental Hazards at the Subject Property
TABLE 2B
Potential Environmental Hazards at the Subject Property
Hazard Agencv/Record Location Result
Wetlands U.S. Fish and Wiidlife Service No wetlands maps exist for area Floodplain FEMA (Federal Emergency Zone C'(area of minimal flooding
hlanagement Agency) Panel #080054 003B - 1983)
2.2.1 Wetlands ~
The U.S. Fish and Wildlife Service has not mapped the Vail Valleyl,for potential wetlands.
The Grand Junction office of the U.S. Army Corps of Engineers has !indicated that numerous
potendal wetlands existed in the Vail Valley prior to i[s development; this is the subject of a
recommendation in §5.0.
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2.3 Assessment of Environmental Risk from On-Site Sources/Hazards
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The subject propeRy was a permitted water treatment plant until 1986, without any history of
significant noncompliance with Colorado drini:ing water regulations.~ There are no other
documented environmental hazards or registered environmental pollution sources located al
the property.
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2.4 Pollution Sources in the Surrounding Area '
2.4.1 Stationary Air Pollution Sources i
'Ibe Air Quality Concrol Division (AQCD) of the Colorado Department of Public Healtb &
Env'uonment is the primary enforcer of air pollution control requirements in Colorado. •
These include requiremenu and permitting for asbestos abatement during remodeling and
demolition of buildings, and requ'uements for notification and permitting of facilities t6at
produce 6azardous air po(lutants (including asbestos). Hazardous air pollutants which are
not controlled can prodace liability for the lender or buyer of a property as : a result of
worker/tenant exposure and health-rclated lawsuits. In some cases, significant air
pollution sources can also contaminate soils and water on the subject property as well as
surrounding properties. Selected AQCD files are reviewed for a 1/2 mile radius Irom the
subject property, based on UTM adciress information and strect address information
available from database records.
There are no registered air pollutane emission sources located within 1/2 mile of the subject
property. ~
2.4.2 Stream Pollution Sources ' .
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Local, state, and the federal Eovernment are involved in protecting water quality. Permits
are required for the disc6arge of pollutants to streams. These are known as NPDES permits,
after the National Pollutant Discharge Eliminacion System. ~ , •
Discharge of pollutanLs into municipal sewer systems ultimately reaches our stieaats and
rivers. T'hese types of pollution disc6argcs are regulated under the Industrial Pretreatment
Program, w6ereby local seucr JisvicLs rcyuire permits for many kiiids of indusu-ies. There
is oversight of t6is prbgram b}' both CDPHE and EPA. ,
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Selected CDPHE and EPA NPDES records are reviewed based on disc6arge location
information provided in database rccords. ~
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CDPHE records were consulted for facilities which potentially discharge into Gore Creek.
There are no upgradient stream cJischaree sources ]ocated in the neanby vicinity of the subject
property. , i
2.4.3 Hazardous Waste Facilities ~
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RCRA refers to the federal Resource Conservation and Recovery Act, the law that provides
fot regulation of companies or businesses that produce 6azardous cbemical wastes
("generators"). T'6is law also regulatcs transporters o( hazardous waste, and those that
. receive 6azardous waste for veatment, stora;e, or disposal ("TSD facilities"). In
Colorado, this program is managed by the Colorado Dcpartment of Public Health &
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Environment, Hazardous Matcrials and Waste Management Division. ~
CERCLA refers to the federa] Comprchensive Env'uonmental Rcsponse, Compensation,
and Liability Act, the primary law that providcs for governmcnt response to major
chemical spills and cleanup of abandoned hazardous chemical dump sites. Underi this ]aw
"Superfund" was created, a multibillion dollaz federal fund used to Cinance site studies and
clean-ups until costs can be recovered from Potentially Responsible Par[ies ~(PRPs).
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Althoueh EPA is usually the lead agency for managing Superfund clean-ups, state agencies
can also be assi¢ned lead status for clean-up management and oversight.
Selected EPA and CDPHE records are reviewed based upon address intormation provided in
. database records maintained by EPA.
RC'ItA Hazardous iVasPe Hand[ers
There are no registered hazardous waste handlers located within 1/2 mile of the subject
property, and there are no hazardous waste creatment, storage, or disposal facilities located
within one mile of the subject property.
CERCLA Ha7aPdous «'aste DisAOSaI Sites
EPA records of inactive or abandoned hazardous waste sites or facilities
(CERCLA/Superfund) were reviewed for the Town of Vai] and Eagle County. There are no
CERCLA study sites located within 1/2 mile of the subject property, and there are no
National Priorities List sites located within one mile of the subject property.
2.4.4 Underground Storage Tatik Sites
Underground petroleum or hazardous material storage tanks must be registered with the
Colorado Oil Inspection Section (01S), part of the Colorado Depsrtment of Labor. OIS
inspects tank installations (or safcty. Howcver, L,caks from underground storage tanks are
regulated by CDPHE. Undereround storaec tanks located at or near tbe subject property are
sienificant due to tbeir propensicy to Icak, causing soil and groundwater contamination.
This is especially true o( steel tanks, which corrode in soil and groundwater, unless
specially protected. Old gasoline stations, auto repair facilities, and businesses that 6ad
tleets of vehiclcs aze prime candidatcs for having undcrground tanks.
TABI.E 3Ei
Undersround Storase Tanic Sites
I.ocated `N'ithin 1/2 Nlile of the Sul?jece Properity
Distance
FaciG4v 1Vame and Address Information at Initial ReListra4ion (miles)
VAIi., GOLFCLUB MAIMENANCE SHOP TA.tiF: l. GASOLINE TANK W USE; 221'RS =0.29
1278 VA,Q, v,aL1.EY pRIVE 0111'S=
TAiNK2. DIESEL TANK L,1 USE; 10 YRS
OLD'S'TFEl
T.aNk?. WASIE OII_ T,aNK IN USE: 6 YRS
OLD/STFEL
VAIL ASSOCIATES INC. ONE S'IEEL TANh PERMANENTLY CIASED IN =0.30
11309 VAIL VALL.EY DRIVE IAUGUST 1990
There are no reported leaking installations located within 1/2 mile of the subject property.
CDPHE records do not include any assessment of possible soils or groundwater
contamination of the two installations listed above; however, the listed tank installations
are not within a likely zone of influence to the subject property, based upon distances of
the sources to the subject property and the lack of poteniial pathways for dispersion of
contaminants to the subject property.
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2.4.5 Landfills . Disposal of solid waste is regulated by the Colorado Department of Public Health &
Environment under the Colorado Solid Waste Disposal Sites and Facilities Act. Landfills
located at or near the subject property are significant because of the possibility of
hazazdous wastes having been disposed in the landfill and subsequently causing
groundwater contamination. Groundwater degradation of the non -hazardous; variety may
also occur, making nearby drinking water wells unusable. Methane is also produced during
the breakdown of organic wastes disposed in landfills. Met6ane gas can accumulate in
nearby strucwres and cause an explosion hazard. ~
CDPHE database records are reviewed and the Eagle County sanitarian and the Town of
Vail's Environmental Health representative are interviewed for information ;on landfills
and dump sites believed tn be located within 1/2 mile of the subject property. Selected
files are reviewed for sources considered to be potentially significant to ;the subject
property. Address information for landtills is imperfect.
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There are no records in Eagle County, the Town of Vail, and CDP14E files of open or closed
landfills or dump sites located within 1/2 mile of the subject propecty.
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2.4.6 Polychlorinated BiphenNIs (PCBs)-Sources
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Pol}'chlorinated biphenyIs (PCBs) and cerfain forms of asbestos are regulated under the
Tozic Substances, Ccntrol Act (TSCA) wbic6 is enforced by the U.S. EPA. PCBs are used
. in the dielectric fluid found in lransformers, capacitors, and othcr electrical~'equipment.
PCBs cause serious reproductive etfects and are thought to be carcinogenic. ~
EPA databasc rccotds of inspcctions arc rcvicwcd and Cilcs sclcctcd for rcvicw, bascd upon
proximity to the subject propcrty. ~
There are no iaciiities located within 1/4 mile of the subject property which have been
inspected or found out of compliance with applicable TSCA regulations.
2.4.7 Chemical Radiation Sources ;
CDPHE Radiauon Control Division database records of (acilities located within 1/4 mile
of the subject property are revieu•ed. and file records arc reviewed fot selected facilities, as
discussed bclow.
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There are no nearby facilities licensed by the CDPHE Radiation Control Division for chemical
radiation sources. ~ .
2.4.8 Spills and Complaints I
Spills of hazardous materials that bave occurred on ot near the subject property may affect
the property by causing soil and/or groundwater contamination. 73e prevalence of spills
and complainu at the subject property may also indicate general business practices that
present a potential environmental threat. !
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EPA database records, CDPHE database records and CDPHE file rccords are reviewed and
representatives of the Vail Fire Department are interviewed for complaints and spills in
the vicinity of the subject property.
The nearest reported spill incident occurred north of the subject property along I-70 when
approximately 50 gallons of diesel fuel was spilled after a truck's fuel tank ruptured in March
1991. This incident is not believed to be environmentally signifiCant to the subject property.
There are no additional reported spills or incidents within the immediate vicinity of the subject
property. .
2.5 Eaawuronmenkal Hazards in ehe 5urroundnng Area
2.5.1 Floodplain Locations
Surrounding properties to the north are located within the inapped 100-year floodplain of Gore
Creek, according to the 1983 Federal Emergency Manageinent Agency flood insurance rate
maps. Residences to the east of the subject property are not mapped within the floodplain.
2.5.2 Wetlands
Wetlands, habitats for waterfowl, are also protected by federal law, which is administered
by the U.S. Army Corps of Engineers. 7'6ey are important from a liability standpoint, in
that there are restrictions that are intended to prevent wetlands dcscruction, regardless of
property owners6ip. Some local governments also regulated wetland developmenL These
programs can limit the development and usc of a rropcrty.
U.S. Fish and Wildlife Scrvice maps of potcntial wctlands are reviewed for a 1/2 mile
radius of the subject propcrty. .
The U.S. Fis}: and Wildlife Service has not prepared any wetlands maps for the Vail area.
2.5.3 Registered Mining Sires
There are no mining sites permitted by the Colorado Mined Land Reclamation Division which
are located within 1/2 mile of ehe subject property.
2.6 Potential PaYhw•ays for Coneaminant Migraeion to the Subject Propea-ty
2.6.1 Utility Corridors
Underground utility cocridors and bedding materials can provide pathways for subsurface
contaminant migration; however there are.no known nearby pollution sources for which the
uulity corridors would provide a likely pathway for contaminant migration to the subject
property.
2.6.2 Ground?vater
Groundwater can also provide a pachway for contaminant migration, but again there are no
nearby sources of contamination.
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2.7 Assessment of Environmental Risk from Off-Site Pollution
Sources/Hazards
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There are no government records which indicate that subsurface contamination in the
immediate vicinity of the subject property has occuned. lt is our assessment that there is
rriinimal risk of subsurface contamination from the nearest potential pollution sources,
underground petroleum storage tank installations located more than, 1/4 mile from the
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3.0 PROPERTY INSPECTIOiV
The property was inspected on December 28, 1994. Mr. Lanny Carlson, water plant
operator/foreman accompanied the inspector and some of Lhe observations given below are based upon Mr. Carlson's knowledge of the plant. Mr. Carlson has, been associated. with the
water and/or sanitation district for approximately 13 years. The inspection included a
complete visual survey of the subjec[ property (including evidence of chemical or waste
storage or disposal, and a physical inspeceion of the building aiid property grounds for visible
sisns of contamination or contamination sources), as well as a driveby survey of the nearby
area. .
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3.1 Building Inspection !
The property subject'to audit includes a water treaiment plant which' was brought on-line in
approximately 1972 and ceased operation in approximately 1986. The estimated capacity of
the plant was 1-1.2 million eallons per day and the plant obtained sucface water directly from
the adjacent Gore Creek. T'-he buildine housing the plant is masonryiblock construction set on
a conc;rcte foundation slab. Heai was formcrly provided by gas-fired heaters suspcnded from
the ceiling. nere were no obscrved building materials of construction, insulations, or
coverings which are suspicious for asbestos content. !
The water treatment plant consists of an approximately 60.000 gallori "clear well" located in a
conerete vault beneath the structure and two steel mulcimcdia filter tanks which were used
for primary treatment. Piping which could be obsen,ed within the buillding is iron andJor steel
without coverings or linings observed on exposed interior surfaces; n,o evidence of transite
(asbestos containing) piping was obscrved and 1-ir. Carlson is only aware of PVC ur ductile
piping in subgrade components of the plant. Water treatment chemicals used for clarification
included alum or polymer anci were storecl within the building. Some~minor residuals of these
chemicals were noted on the floor surface. Disinfection was accomplished by chlorine and a
srr?all segregated room for chlorine storace is located near the northeast corner of the
buildine. The chlorine storage room was empty at the timc of inspection. All sludges and
wastes Crom the water treatment process were discharged to the municipal sanitary sewer
system and no on-site disposal took place} Electrical service and plant operating components
include several.transformers, but no liquid fillecl transformers were otiserved within the
structure. Liquid filled transfoRncrs might otherwise pose a concern for PCB content.
,
In summary there were no adverse obscrvations of the building and the water treatment
facility contained inside.
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ENPRO Consulting Group, Inc. ~ Page, 11
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3.2 Pi-opert4y Grounds
The property grounds, snow-covered at the time of inspection, consist of landscaped areas
surrounded by residential streets and the adjacent Gore Creek. Raw (untreated) water was
collected from the Creek in two different facilities, one of which is now tied to the golf course.
Wetlands vegetation was not observed on the properCy; however, the snow cover precluded
any definitive judgement recarding potenual wetlands, particularly in the Gore Creek Iloodplain.
3.3 5aaa-rouncling Properties
Gore Creek is located to the nonh and Gerald R. Ford Park is located to the west of the
subject property. Duplex and single family homes are located to the east and south and the Vail Golf Course is located to the nor[hcast of the subject property.
3.4 flssessaraent Sumcnary of Propea-ty Inspection
ENPRO's inspection included an evaluation of the subject property for visible sources of
contamination and environmental hazards. There were no chemicals in storas!e and there was
no evidence of chemical mishandline within the water treatment plant. It is our assessment
that there is minimal risk of subsurface contamination to the subject property. Potential
wetlands areas could not be completely evaluated due to the snow cover and dormant
vegetation, but no obvious wetlands outside the Gore Creck floodplain were observed.
4.0 SvMMAhgl' OF ENVIRONNiENTAb, ASSESSMEN'g'
Thc subjcct propcrty, an inaciive watcr trcatmcnt plant, was evaluated for potcntially
significant on-site environmental contamination through a review of historical property uses, a
review of environmental records available lrom governmeiit agencies, and a property
inspection.
Tlie subject property contains an inactive water treatment plant that operated from the early
1970's to the mid 1980's. The propcny is belicved to have been in ranching use prior to the
development of the Vail Va]ley. Nearby properties include the Vail Golf Course and the
Gerald R. Ford Park, as well as several single family residences and duplexes. No
environmentally significant land uses were uncovered in the vicinity of the subject property.
Records of ehe U.S. Environmental Protection Agency, the Colorado Department of Public
Health & Environment, the Colorado Oft"ice of Oil Inspection, the Town of Vail Fire
Department, the Vail Environmental Health ofGce, and the Eagle County Sanitarian were also
evaluated for informaeion on air pollutants, water pollutants, hazardous materials, and land
sources of pollutanes/hazards of potential concern, including known complaints and spills.
The subject property was a permitted water treatment plant unul 1986, .without any history of
signiCcant noncompliance with Colorado eirinking water regulations. There are no other
documented environmental hazards or registered environmental pollution sources located at
the property. There are no government records which indicate that subsurface contamination
in the immediate vicinity of the subject property has occurred. It is our assessment that there
is minimal risk of subsurface contamination from the neai-est potential pollution sources,
ENPRO Consulting Group, Inc. Page 12
, • _ Iunderground petroleum storage tank installations located more th 4n 1/4 mile from the
property.
~
ENPRO's inspection included an evaluation of the subject property for visible sources of
contamination and environmental hazards. There were no chemicals in storage and there was
no evidence of chemical mishandling within the water treatment plant. It is our assessment
that there is minimal risk of subsurface contamination to the subject property. Potential
wetlands areas could not be completely evaluated due to the snow, cover and dormant
vegetation; but no obvious wetlands outside the Gore Creck llood'plain were observcd.
5.0. RECOMMENDATIONS ~
I
A complete wetlands evaluation may be appropriate prior to the redevelopment of the
property. ~
i
The demolition of structures is subject to pre-notification and asbestos inspection
reyuirements of the Colorado Department of Public Health & Environmen[, Air Quality
Control Division. The inspection must be performed by a state certified inspector and should
include an evaluation of piping exposed during dismaneling of the plant to verify the absence of
transite (asbestos type). •
6.0 LIMITATIONS !
The ENPRO Phase I Environmental Audit is a practical screening approach for the
idenafication of serious environmental problems. The information obtained from this approach
should provide an initial assessment of the environmental condition'of the property. The
records summary is based on information available at the time of the investigation and
information obtained during thc propcrty inspection is based on the condition of the property
at lhe time of the inspection. These may not be indicative of site conditions at other times.
While it is not possible to guarantce that thc Phase I Audit, or for that matter any approach,
will identify all possible sources. of coniamination, we believc that ehe process described in
our check]ist and proposal represents a reasonable and responsiblei investigation.
I
Jec ifer Osbo Randy Jones ,
Environmental Specialist President
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ENPRO Consulting Group, Inc. Page 13
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proposed garage was probably as good as anything that could be constructed. He
was not convinced that a master plan would produce any different results than the
current plan. He supported staff's recommendation for approval.
Kyle 1lVebb requested that this item be tabled and stated that he would discuss the
development of a master plan with Phase II of the condominiums and the overall
Timber Falls Management Corporation.
The PEC members reached a consensus that a master plan for parking on the site
was desirable.
Dalton Williams encouraged the various condominiums to work together to resolve the
parking issues.
Allison Lassoe made a motion to table this request to the March 13, 1995 PEC
meeting with Dalton Williams seconding the motion. A 6-0 vote tabled this request to
the IVlarch 13, 1995 PEC meeting.
7. A request for a proposed change to the Vail Land Use Plan from Park (P) to Low
Density Residential (LDR) for a parcel owned by the Vail Valley Consolidated Water
District, located at 967 Vail Valley DrivelTract C, Vail Village 7th Filing.
Applicant: Vail Valley Gonsolidated Water District, represented by Pat Dauphanais
Planner: Jim Curnutte
Jim Curnutte made a presentation per the staff inemo. He stated that staff was
recommending approval of the requested change to the Vail Land Use Plan with the
four conditions outlined on Pages 8 and 9 of the staff inemo.
Pat Dauphinais stated that he was very comfortable with the conditions of approval
placed on this project.
Nancy Rondeau, a neighborhood property owner who lives on Fairway Court, stated
her concern that just because Tract C is not specifically called out in the Ford Park
Master Plan it should not be oversighted. She felt that Tract C should be retained as
Park and not changed to Low Density Residential as Tract C is contiguous to Ford
Park. She also pointed out that the Town should take a long term view of possible
public needs in the future. Possibly including a bus turnaround.
Jim Curnutte clarified that the current zoning for the property was General Use District.
Dalton VUilliams stated that he had not considered the possibility of a bus turnaround at
this location but was concerned with what the neighborhood would think of that idea.
He was unsure that there was any other area that would be better access point, but
was concerned with what the neighborhood would think of that idea. He felt that
Nancy's point about the long-term effect of development on Tract C was worthy of
consideration.
Planning and Environmental Commission Meetinq Minutes
February 27. 1995 1 1
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Greg Amsden stated that in response to Nancy's comments, Tract iC was not a park
and was not public property. He stated that he was completely in favor of this request.
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Jim Curnutte pointed out that when this application came in to begin with, he
scheduled it for DRT and asked the Public Works, Fire and Police;Departments for
their comments. He said he specifically asked the Public Works D;epartments whether
they foresaw any use for Tract C. Public Works' response to this question was thaf
the Town did not need the property for public works/transportation Ineeds.
i
Greg Amsden stated that he did not foresee this lot as necessary for public access to
Ford Park.
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Bob Armour stated that he appreciated Nancy's comments but he believed that this .
parcel was obviously mismarked on the Land Use Plan, since there was a building on
it when it was included in the Park designation and felt that the land use designation of
the property should be changed. He had questions about the operational ability of the
pump station equipment and water rights. ~
Pat Dauphinais stated that the system was fully operational presently and can be used
when needed by the Rec. District. He explained that it is not a miscellaneous bunch of
parts that needs to be connected. '
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Rick Sackbauer, Chairman of the Vail Valley Consolidated Water District Board, stated
that there was a document dated approximately 1983 which gave the Vai! Recreation
District permission to use up to 169 acre feet of water in exchange for the Water
District receiving permission to drill wells on the golf course. i
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Pat Dauphinais stated that the Recreation District wants the ability; to pump water from
the old pump station. He explained the water lines in more detail on a plan presented
to the PEC. i
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Pat_Dauphinais stated that 1 acre foot of water is equivalent to 43;560 square feet of
area, one foot high. He stated that the Recreation District does not use all of their
allotment currently so there are water rights for the Rec. District to! pump from this
location. i
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Rick Sackbauer stated that one capital project for the Recreation District was to
implement a system of radio controlled sprinklers.
Bob Armour stated that Jeff Bowen left a note before he left which! stated that the only
concern he had was to cover the exposed iron intake pipes in the 'creek with rocks.
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Dalton Williams was concerned that the Recreation District may take advantage of the
situation. ;
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Kathy Langenwalter pointed out that the purpose of the Land Use;Plan was to
designate the ideal use for a given piece of land. ~
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Planning and Envvonmental Commission Meeting Minutes !
February 27, 1995 ; 12
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Jim Curnutte pointed out that Kathy was correct, however, that the Land Use Plan
states that the various designations are drawn very general in nature and were not
based on a lot by lot review of properties like zoning is.
Bill Anderson stated that he was in favor of this proposal and that the Town would
receive the benefit of an easement for a park path as well as a road easement which
will allow the future reconfiguration of Vail Valley Drive. Bill stated that he is all for the
request and pointed out all of the public benefits (easements, water district
improvements, etc.) associated with the request.
Kathy Langenwalter felt that the best use of this land would be park or open space as
it was located in between land zoned park and land zoned residential. She was not
real comfortable with turning the site into a residential area. She also questioned the
need for additional residential in this area.
Allison Lassoe felt that Tract C should remain open space.
Dalton Williams disagreed with Kathy's comment that Tract C should remain open
space or park. He did not feel that the site would necessarily solve the congestion
problems at Gold Peak but merely move them towards East Vail. This being the case,
he did not have a problem with the proposed change to the Vail Land Use Plan.
Bill Anderson made a motion to approve the request for a change to the Vail Land Use
Plan from Park to Low Density Residential per the staff memo including the four
conditions on Pages 8 or 9 with a wording change to Condition 4 as follows:
4. The Water District has agreed that if the transfer of ownership of the raw
water intake system and associated equipment (pump station, backwash.
pipe, vaults, etc.) to the Vail Recreation District is not be completed, and
if the system is not able to become fully operational, within three years
from the date of approval of the Land Use Plan change, it will immediately be removed at the expense of the Water District.
Bob Armour seconded the motion and a 4-2 vote approved this request with Kathy
Langenwalter and Allison Lassoe opposing this item.
8. A request for a major amendment to SDD #4 Cascade Village to allow for the
completion of the Westhaven Condominiums (The Ruins) located at 1325 Westhaven
Drive/Cascade Village, SDD #4.
Applicant: Gerald Wuhrman, General Manager of the Westhaven Condominiums
Planner: Andy Knudtsen
It should be noted that Kathy Langenwalter stepped down as chairperson of the PEC
for this item as she is the architect.
Planning and Ernironmental Commission Meeting Minutes
, February 27. 1995 13
Pa
RESOLUTION N0. 5
Series of 1995
A RESOLUTION MODIFYING THE TOWN OF VAIL
LAND USE PLAN, CHANGING THE LAND USE DESIGNATION
OF TRACT C, VAIL VILLAGE 7TH FILING FROM
PARK TO LOW DENSITY RESIDENTIAL, AND SETTING FORTH
DETAILS IN REGARD THERETO.
UdHEREA5, conditions in the Town of Vail have changed since the
Land Use Plan was originally adopted; and
6dHEREP,S, the proposed Land Use Plan modification would serve
to carry out the following policies of the Land Use Plan:
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the
permanent resident.
1.3 The quality of development should be maintained and
upgraded whenever possible.
1.12 Vail should accommodate most of the additional growth in
existing developed areas (in-fill areas).
5.1 Additional residential growth should continue to occur
primarily in existing, platted areas and as appropriate
in new areas where high hazards do not exist.
6.1 Services should keep pace with increased growth.
6.2 The Town of Vail should play a role in future development
through balancing future growth with services.
6.3 Services should be adjusted to keep pace with the needs
of peak periods; and
6dHEREA5, the Town of vail has a need for additional land with
the designation of Low Density Residential in order to meet the
standards of the above-listed policy statements.
1VOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE T06N
OF VAIL, COLORADO THAT:
i. Tne Town Council fincts the procedures for amending the
Land Use Plan, as set forth in Chapter vIII, Section 3 of the Land
Use Plan have been satisfied.
2. The Town Council hereby amends the Land Use Plan to
change the Land Use Designation shown on Figure 3-M (Mid-Section
1
Map) of the Plan from Park to Low Density Residential for the
property more particularly described as Tract C, Vail Village 7th
Filing
3. The property owner/applicant, or his successor in
interest, agrees with the following requirements, which are a part
of this modification to the Land Use Plan:
1. Prior to the transfer of ownership of the property,
the Vail Valley Consolidated Water District will
dedicate an approximate 10-foot wide public
easement across the eastern side of Tract C to the
Town of Vail, to allow for the continued use of a
portion of Tract C for a golf cart path.
2. Prior to the transfer of ownership of the property,
the Vail Valley Consolidated Water District will
dedicate a road easement across the western portion
of Tract C to the Town of Vail (approximately 60
feet from the westernmost end of the property) to
be used for the future realignment of vail Valley
Drive (to connect wit the South Frontage Road).
3. Prior to the transfer of ownership of the property,
the Vail Valley Consolidated Water District will
remove all above and below ground improvements on
Tract C, with the exception of the eastern 15 feet
of the 8-inch iron intake pipe, the 10-inch iron
pipe used to backwash the pump station and intake
pipes, and the sewer manhole located along Vail
Valley Drive. The hole(s) resulting from the
removal of below ground improvements will be filled
and the property will be regraded and revegetated
according to a plan approved by the Town.
4. •i•he vaii Valley Consoiidated water District has
agreed that if the transfer of ownership of the raw
water intake system and associated equipment (pump
station, backwash pipe, vaults, etc.) to the vail
Recreation District has not been completed, and if
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the system is not able to become fully operational
within three years from the date of approval of
this Land Use Plan change, the raw water intake
system and associated equipment will immediately be
removed at the expense of the Water District.
INTRODUCED, READ, APPROVED AND ADOPTED this day of ,
1995.
Peggy Osterfoss, Mayor
Holly McCutcheon, Town Clerk
f:\everyone\ord\res5.jc
3
February 28, 1995
To: Tom Moorhead
From: Christine Anderson, Finance
RE: Deck Lease Rates
I surveyed four other towns/cities regarding their deck lease rates
with the following results:
Aspen: $3.01 per square foot per month ($36.12 per square foot
per year)
Breckenridge: Flat fee of $100 for five years regardless of deck
size
Steamboat Springs: No lease charges, but they charge a permit fee
as part of the planning process for
easements/right of ways
Telluride: Same as Steamboat; a charge as part of the permit
fee
cce Steve Thompson
Pam Brandmeyer
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DEVIVIOV REOUbtlW OIOAOiD AVIEOYDA
Marrch 1, 1995
3:00 P.M.
PR0JECT ORUENTATUON 19:00 am
SVTE VVSVTS 9:00 pm
1. Krediet - 226 Forest Road.
2. Odeen - 1380 Westhaven Circle.
3. Lambert - 2119 Chamonix.
4. Kudel - 2427 Chamonix.
5. Langenwalter/Cleveland - 2586 Arosa Drive.
6. Dauphinais-Moseley - 1600 Lionsridge Loop.
7. Pomboy - 789 Potato Patch.
. 8. Cogswell, Clark, Wilson and Ludwig - 792 B, 794 A, 794 B Potato Patch Drive.
9. SBC Development Corp. - Lot 2, Spraddle Creek Estates.
10. Smith - Lot 7, Spraddle Creek Estates.
11. Hilb - 4040 iVorth Frontage Road.
12. Covered Bridge Coffee Shop - 227 Bridge Street.
13. Golden Bear Store - 286 Bridge Street.
14. Up the Creek - 223 Gore Creek Drive. Drivers: Randy and George
1. Swearing in of re-appointed members (Michael Arnett and Sally Brainerd)
Parn Brandmeyer swore in bo4h re-appoin4ees according 4o due process.
2. Town of Vail - Streetscape project. LW
Along east Lionshead Circle and the Library Chute.
Applicant: Town of Vail MOTION: Borne SECOND: Brainerd VOTE: 5-0
Consent Approved, no conditions.
3. Covered Bridge Coffee Shop - A request to locate a menu box on Town of Vail RS
right-of-way.
227 Bridge Street/Lots B, C, D, Block 5-13, Vail Village 1 st Filing.
Applicants: Julie Iverson and Kiendra Hoover
MOTION: Borne SECOND: Woldrich VOTE: 5-0
Approded wi4h Three Condi4ions.
9. Wood pole suppor4 fior rnenu bou to be removed and a hanging bracke4 to be
installed before 4/9/95. Bracket to ma4ch permanent signs on building.
2. Daily Special chalk boards to be rnoun4ed back-4o-back and quality wood frarne
added.
3. Menu Bou fo be included in a lease agreernent or Redocable Right Of Way
Agreemenf wi4h 4he Town.
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4. SBC Development Corporation - Conceptual review of new single family residence. RS
1253 Spraddle Creek Road/Lot 2, Spraddle Creek Estates.
Applicant: Franco D'Agostino
MOTION: SECOND: VOTE: NO VOTE
1. Reduce grading and disturbance in.Southeast corner of lot.
. 2. Look at design.of driveway and associated retaining walls. Design should minimize
loss of existing trees.
5. Parkside Villas - Review of seven new single family residences. LW
1546 Matterhorn Circle/Part of the NE 1/4 SW 1/4, Section 12, T5S, R81 W
of the 6th Principal Meridian.
Applicant: Elk Meadows, Inc., represented by Jack Snow
MOTION: Borne SECOND: Woldrich VOTE: 4-0
(Brainerd Abstained)
Approved with conditions.
1. Driveway must be 12' minimum width,
2. GRFA to meet code.
3. Snovu storage plan and final location of fire hydrants to be approved by
Public Works and Fire Department respectively.
4. Mute the blue color.
5. Add supports to deck railing.
A second motion to approve the temporary development sign.
Motion: Bob Borne Second: Greg Amsden Vote: 4-0
(Brainerd abstained) '
Approved with no conditions
6. Thain - Changes to approved plans. JC
483 East Gore Creek Drive/Lots 8 and 9, Vail Village 4th Filing.
Applicant: John and Carmen Thain
MOTION: Borne SECOND: Amsden VOTE: 5-0
Approved.
7. Lions Square Lodge - Review of new lobby addition. JC
660 West Lionshead Place/Lot 1, Vail Lionshead 1 st Filing.
Applicant: Lions Square Lodge Homeowners Association, represented by Bill Pierce
MOTION: Borne SECOND: Brainerd VOTE: 5-0
Tabled until March 15, 1995.
8. Up the Creek - Sign/Awning application. GR
223 Gore Creek Drive/Cre.ekside Building.
Applicant: Annie Egan/American Awning
MOTION: Borne SECOND: Brainerd VOTE: 5-0
Tabled indefinitely. .
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9. Crossview - Conceptual review of site plan only. GR
The Valley, Phase II.
Applicant: Crossview Properties, LTD.
MOTIOIV: SECOND: VOTE:
No vofe 4aken. .
10. Cogswell, Clark, Wilson and Ludwig - A request for separation of garage. GR
7926, 794A & 794B Potato Patch Drive/Lots 10 and 11, Block 1, Vail/Potato Patch.
Applicant: Richard Hempleman for Cogswell, Clark, Wilson & Ludwig
MOTIOIV: Borne SECOND: Woldrich VOTE: 5-0
Approved with conditions. 1. Keystone wall or stone veneer with cap (on side of garage).
2. Show lirniqs of dis4urbance on site plan for review by staff.
11. Lambert - IVew prim ary/seco ndary residence. JC
2119 Chamonix/Lot 12, Vail Heights Subdivision.
Applicant: Ron Lambert, represented by Greg Cummings
MOTION: Borne - SECOND: Woldrich VOTE: 5-0
Tabled unfil March 15, 1995.
12. Kudel - Proposed change to previous DRB condition of approval. JC
2427 Chamonix/Lot 22, Block A, Vail Das Schone 1 st Filing. .
Applicant: Paul Kudel
MOTION: Borne SECOND: Brainerd VOTE: 5-0
Denied. Snowguard must be installed per original DRB condition of approval.
13. Golden Bear Store - Minor exterior alteration and sign/awning application. RS
286 Bridge StreeULots A, B, and part of C, Block 5-A, Vail Village 1 st Filing.
Applicant: Lee Hollis/Golden Bear Store
MOTION: Borne SECOND: Woldrich VOTE: 5-0
Approved.
14. Krediet - Conceptual Review of a remodel and 250 GRFA addition to the primary RS
unit.
226 Forest Road/Lot 11 A, Block 7, Vail Village 1 st Filing.
Applicant: John Krediet
MOTION: Borne SECOND: Woldrich VOTE:5-0
Tabled until March 15, 1995 rneefing.
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15. Odeen - Addition to existing primary/secondary residence. RS
1380 Westhaven Circle, Unit B/Lot 22, Glen Lyon Subdivision.
Applicant: Marjorie Odeen, represented by Erich Hill
MOTION: Borne SECOND: Brainerd VOTE: 5-0
Consent approved with condition that all materials to match existing. Architect should
consider roof overhang change where old roof clips door of new addition.
16. Langenwalter/Cleveland - Addition and remodel. LW
2586 Arosa Drive/Lot 1, Block D, Vail Ridge Subdivision.
Applicant: Kathy Langenwalter and Dick Cleveland ,
MOTION: Borne SECOND: Brainerd VOTE: 4-1
(Woldrich against) Approved with condition that damaged material be replaced.
17. Pomboy - Entry addition. LW
789 Potato Patch/Lot 21, Block 1, Vail Potato Patch. Applicant: Sissel Pomboy
MOTION: Borne SECOND: Brainerd VOTE: 5-0
Consent approval with the condition that all materials to match existing.
18. Smith - Conceptual review of new single family. LW
Lot 7, Spraddle Creek Estates Subdivision. Applicant: Colin and Claire Smith, represented by Kyle Webb
MOTION: SECOND: VOTE:
No vote taken.
19. Hilb - Request for a duplex unit with a Type II EHU. GR
4040 North Frontage Road/Lot 3, Pitkin Creek Meadows. Applicant: David Hilb '
MOTION: Borne SECOND: Amsden VOTE: 5-0
Approved with conditions. '
20. Dauphinais-Moseley - New single family residence. GR
1600 Lionsridge Loop/Lot 20, Dauphinais-Moseley Subdivision 1 st Filing.
Applicant: Pat Dauphinais
MOTION: Borne SECOND: Brainerd VOTE: 5-0
Approved with conditions.
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21. Serrano's - Reconstruction of building. AK
298 Hanson Ranch Road/Lot C, Block 2, Vail Village 1 st Filing.
Applicant: Margretta Parks, represented by Glenn M. Heelen
MOTION: SECOND: VOTE:
Tabled indefinitely. •
22. Timber Falls, Phase III - A request to construct separate garages. RS
4524 Meadow Drive/Timber Falls, Phase III.
Applicant: Richard Vossler, representing the Timber Falls Phase III Condominium Association
MOTION: SECOND: VOTE:
Tabled indefinitely. 23. Town of Vail - Review of Pulis Bridge reconstruction. LW
Pulis Bridge at Vail Valley Drive.
Applicant: Town of Vail .
MOTION: SECOND: VOTE:
Tabled indefinitely: .
24. Hitchcock - Concepfual review of a new primary/secondary residence. LW
421 Beaver Dam Circle/Lot 3, Block 4, Vail Village 3rd Filing.
Applicant: Christopher Hitchcock
IVIOTIOIV: SECOND: VOTE:
Tabled indefiinifely.
MEMBERS PRESENT MEMBERS ABSENT
Hans Woldrich
Mike Arnett
Sally Brainerd Bob Borne
Greg Amsden
STAFF APPROVALS
Artic Attitude - New sign to replace existing. LW
168 Gore Creek Drive/Lodge Promenade. ,
Applicant: Chuck Struve
Garton's - Temporary sign. RS
143 East Meadow Drive/Crossroads Center.
Applicant: Rick Richards, representing Garton's
Mercy - Interior addition of 250 square feet of GRFA for loft. LVV
22 West Meadow Drive, Unit 330Nilla Cortina Condominiums.
Applicant: Eugene and Sue Mercy
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Liftside Condominiums - Sign/awning request. LW
1245 Westhaven Drive/Liftside Condominiums.
Applicant: MECM Enterprises, Inc., represented by Gwathmey Pratt Schultz, Architects
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VAIL TOWN COUNCIL MEETING
January 17, 1995
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, January 17, 1995, in
the Council Chambers of the Vail NTunicipal Building. The meeting was called to order
at 7:30 P.M.
MEMBERS PRESENT: Peggy Osterfoss, Mayor
IVlerv Lapin, IViayor Pro-Tem
Paul johnston
Sybill Navas
Jim Shearer
Tom Steinberg
jan Strauch
TOWN OFFICIALS PRESENT: Bob McLaurin, Town 1Vlanager
Tom 1Vloorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Holly McCutcheon, Town Clerk
'g'he first item on the agenda was Citizen Participation of which there was none at this
time.
Second on the agensia was a Consent Agenda which contained the following items:
A. Appointment of Election Judges.
Paul Johnston moved for approval of the four nominees, Karen Morter, Mary jo Allen,
Liz Picket, and jeanne Tilkemeier, which was seconded by Jim Shearer. The motion and
second were amended to include an alternate, Pam Story. A vote was taken and the
motion passed unanimously, 7-0.
Itern N0. 3 was Ordinance No. 1, Series of 1995, first reading of an ordinance amending
Chapter 17.26 Condominium Conversion. Tom Moorhead presented this ordinance with
a request that the language be modified to take out the wording "dwelling units",
limiting it to "lodges and accommodations units," as discussed in the afternoon work
session. Jim Shearer moved to approve Ordinance No. 1 as presented with the
afternoon's amendments on the first reading, with a second by Tom Steinberg. A vote
was taken and the motion passed unanimously, 7-0.
d4ean No. 4 was Ordinance No. 2, Series of 1995, first reading of an ordinance amending
Section 18.69.050 of the Town of Vail 1Vlunicipal Code regarding the maximum allowable
height for garages in the front setback of lots exceeding a thirty percent average slope.
Lauren Waterton proposed language as follows: "Garages located in the front setback as
provided for in this Section 18.69.050 shall be limited to one story in height with the
addition of a pitched or flat roof and subject to review and approval by the Design
Review Board." Staff further recommended that there be an insertion of language:
limiting one story in height, w~th a maximuirt of>fen ;Eeet. Tom Steinberg moved to pass
Ordinance No. 2 on first rPadir,Q Uri+h a cnrnn.i Fr...,, n~..~ ~„1,„,.4,.~ n
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, vauaOwiL c'& VVLC QS LdCII
and the motion passed 4-3, with Navas, Strauch, and Osterfoss opposed.
Itexn No. 5 Citizen Participation resumed. Andy Wiessner, 811 Potato Patch Drive,
congratulated the Council on proposing to ban assault weapons in Vail. He said the
only thing assault weapons are good for is killing lots of people. He stated a lot of
citizens in the valley are in support of what the Council's done.
Paul Johnston encouraged everyone to come out to vote on February 7, 1995.
1 Vail Town Council Evening Meeting Minutee 1/17/95
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Item No. 6 Ordinance No. 3, Series of 1995, first reading of an ordinance vacating a
pedestrian easement located at 890 and 891 Red Sandstone Circle. Tom Moorhead
informed Council that in 1970 there was a 10 ft. wide utility and pedestrian easement
located between 890 and 891 Red Sandstone Circle, running the length of the lot which
connected Red Sandstone Circle through then undeveloped Town owned land to the
Sandstone lot. This particular easement is no longer viable as a path for pedestrians,
although it remains crucial as a utility easement. Christie Hochtl appeared before
Council and asked Council to vacate the pedestrian easement. Previously, Council had
referred the vacation of easement back to the PEC, which board was in favor of vacating
this pedestrian easement. Merv Lapin moved to approve Ordinance No. 3, Series of
1995, on first reading as was seconded by Tom Steinberg. A vote was taken and passed
unanimously, 7-0.
Item No. 7 Ordinance No. 4, Series of 1995, first reading of an ordinance authorizing
a first supplemental trust indenture to the trust indenture executed in connection with
the Town of Vail, Colorado single family mortgage revenue refunding bonds, series of
1992; ratifying certain action heretofore taken; authorizing the execution and delivery by
the Town of said first supplemental trust indenture; repealing action heretofore taken
in conflict herewith. Steve Thompson was contacted by Bruce Lewis of First Interstate
Bank concerning this amendment to the trust indenture. The original bond counsel who
wrote the trust indenture for the 1992 mortgage revenue bonds notified him there were
some changes that needed to be made to the indenture, specifically, sections 507a and
509. First Interstate drafted the ordinance. The amendments are housekeeping items re:
how the cash flow was prioritized. Paul Johnston made a motion to table this ordinance
until Council can consult with the Town's bond counsel and underwriters to better
understand the matter and its impact, which was seconded by Tom Steinberg. A vote
was taken and the motion passed unanimously, 7-0.
Item No. 8 was Resolution No. 3, Series of 1995, a resolution dedaring February 6-12,
1995 MS Awareness Week. Paul Johnston made a motion to approve this resolution,
with a second by Merv Lapin. A vote was taken and the motion passed unanimously,
7-0.
Item No. 9 was the Town Council appeal of a PEC decision to approve a conditional
use permit that allows a helipad to be located in Ford Park. Applicant: Vail Valley
Medical Center. Council discussed earlier today that because of a desire on the part of
the staff and the Town Council to obtain additional information and data re: short and
long term solutions on the location of the helipad, it would be appropriate to continue
this discussion. Merv Lapin made a motion to table this matter to February 7, 1995,
which was seconded by Tom Steinberg. A vote was taken and the motion passed
unanimously, 7-0.
Item No. 10 was a report from Bob McLaurin. The agenda for the CAST meeting
February 8-10 is still being developed. Also, the bids were opened for 8 new buses,
which came in at $332,000.00 below our estimate.
Citizens, Lisa Mutz and another representative of the Nancy Davis Foundation and the
Race to Erase MS came forward to talk about Resolution No. 3, Series of 1995, a
resolution declaring February 6-12, 1995, MS Awareness Week. One out of every 800
people in Colorado has MS. They were thrilled the community has prodaimed a week
dedicated to MS awareness. Vail's response is helping to make the Race to Erase'95 the
most successful event to date. Their go?1 is to surpass last y-~ar's-1.5 .:ull:;,n, w udL
could not be done without the wonderful support of the entire community.
Jan Strauch requested undergrounding utilities. Jan had noticed some wires were taken
down this winter that go all the way across the hillside, which prompted this quesiion.
Merv Lapin made a motion to move into executive session to discuss the contract re:
refunding bonds, which was seconded by Jim Shearer. A vote was taken and the motion
passed unanimously 7-0.
2 Vail Town Council Evening Meeting Minutee 1/17195
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There being no further business, a motion was made, seconded and passed, to reconvene
and adjourn at approximately 10:30 P.M.
Respectfully submitted,
Ivlargaret A. Osterfoss, Ntayor
ATTEST:
Holly L. McCutcheon, Town Clerk
Minutes taken by Mne Wright on behalf of the Town Clerk.
('Names ot certam indviduals who gave public mput may be inaonuate.)
3 Vail Town Couneil Evening Meeting Minutea 1/17195
MIlVUT'ES
VAIL TOVVN COUNCIL MEETING
February 7, 1995 _
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, February.7, 1995, in
the Council Chambers of the Vail Municipal Building. The meeting was called to order
at 7:30 P.M.
MEIVTBERS PRESEN'T: Peggy Osterfoss, IVTayor
Merv Lapin, 1Vlayor Pro-Tem
Paul johnston
Sybill Navas
Jim Shearer
Tom Steinberg
Jan Strauch
TOVVN OFFICIALS PRESENT: Bob NlcLaurin, Town Manager
Tom Moorhead, Town Attorney
Anne Wright, on behalf of the Town Clerk
Tlae first item on the agenda was Citizen Participation of which there was none.
Second on the agenda was a Consent Agenda which contained the following items:
A. Approval of the IVTinutes for the meeting of January 3rd,1995.
B. Ordinance No. 1, Series of 1995, second reading of an ordinance amending
Chapter 17.26 Condominium Conversion.
C. Ordinance No. 2, Series of 1995, second reading of an ordinance amending
Section 18.69.050 of the Town of Vail Municipal Code regarding the
maximum allowable height for garages in the front setback of lots
exceeding a thirty percent average slope.
D. Ordinance No. 3, Series of 1995, second reading of an ordinance vacating
a pedestrian easement located at 890 and 891 Red Sandstone Circle.
1Vlayor Osterfoss read the titles in full. Merv Lapin moved to remove from the Consent
Agenda Ordinance No. 2, Series of 1995, seconded by Sybill Navas. Tom Steinberg
moved that we approve the remainder of the consent agenda (items A, B and D), with
a second by Merv Lapin. Tom Moorhead noted he received a telephone call this date,
from an individual who desired to make public comment on Ordinance No. 1, Series of
1995. He informed her that the meeting started at 7:30 p.m. Therefore Tom Steinberg
withdrew his motion to allow this person's comment. Merv Lapin moved to approve
item A and D of the Consent Agenda, with a second by Tom Steinberg. A vote was
taken and passed unanimously, 7-0.
I4ean No. 3 Discussion of Ordinance No. 2, Series of 1995, second reading of an
ordinance amending Section 18.69.050 of the Town of Vail 11/iunicipal Code regarding the
maximum allowable height for garages in the front setback of lots exceeding a thirty
percent average slope. 1Vlike Mollica answered Council questions. Merv Lapin moved
to approve Ordinance No. 2, Series of 1995, on second reading, with a second from Tom
Steinberz. A vote was taken anei, naccP~ 6_-~ ?~,;±r cx .h;I i ~.,-.V,.,,."0.,rr„r., r - - , , sed. -
Itexn No. 4 was the Town Council appeal of a PEC decision to approve a conditional
use permit, that allows a helipad to be located in Ford Park. IVierv Lapin moved to call
up this item at the February 21 evening session so that additional information would be
available, with a second by Sybill. A vote was taken and passed unanimously, 7-0.
1 Vail Town Couneil Evening M¢¢ting Minutes 2/07/95
Item No. 5 Design Review Board Appointments. Will be appointing two members with
two year terms to DRB. Applicants are Mike Arnett, Sally Brainerd, Greg Moffet, and
Louise Young. A motion was made by Merv Lapin and seconded by Paul Johnston to
appoint Mike Arnett and Sally Brainerd. A vote was taken and passed unanimously, 7-
0.
Item No. 6 Art In Public Places and Housing Authority appointments. Jan Strauch
moved to take up this item at the February 21 evening session, with a second by Jim
Shearer. A vote was taken and passed unanimously, 7-0.
Item No. 7 was a report from Bob McLaurin, who updated Council on the Vail
Improvement Process and spoke about a Council retreat. Discussion took place for a
date for a full day retreat, at which time Tuesday, March 28, 1995 was designated.
Item No. 8 Ordinance No. 1, Series of 1995, second reading of an ordinance amending
Chapter 17.26 Condominium Conversion was brought up for discussion. Paul Johnston
made a motion to approve this ordinance on second reading and was seconded by Sybill
Navas. A vote was taken and passed unanimously, 7-0.
Paul Johnston moved that the Council go into executive session to discussion personnel
matters and Jan Strauch seconded. A vote was taken and passed unanimously, 7-0.
There being no further business, a motion was made, seconded and passed, to reconvene
and adjourn at approximately 10:30 P.M. Respectfully submitted,
Margaret A. Osterfoss, Mayor
' ATTEST:
Holly L. McCutcheon, Town Clerk
Minutes taken by Anne Wright on behalf of the Town Clerk.
('Names of certain individuats who gave public mput may be inaavrate.) '
2 Vail Town Couneil Evening Meeting blinutes 1107/95
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1V111 V U 1 t.J
VAIL TOWN COUNCIL MEETIING
February 21, 1995
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, February 21, 1995,
in the Council Chambers of the Vail 1Vlunicipal Building. The meeting was called to
order at 7:30 P.M.
lYIEMBERS PRESENT: Peggy Osterfoss, 1VTayor
Mexv Lapin, IVlayor Pro-Tem
Paul johnston .
Sybill Navas
Jim Shearer
Tom Steinberg
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Anne Wright on behalf of the Town Clerk The first itean on the agenda was Citizen Participation. Kit Williams spoke concerning
the I-70 chain up area at East Vail. He thanked the town for its support. He received
a response from the CDOT that he thought insufficient. He asked for more support
from the Town and Bob McLaurin informed him that he has an appointment with CDOT
next week and would keep both Kit and the Council informed.
Elaine Kelton expressed a concern that Vail is no longer user-friendly to tourists. She
recommended creating "unadvertised, random acts of kindness," such as free parking in
the structures for a day in thanks for visiting Vail. Council asked her to work with the
Town Manager in more detail.
Second on the agenda was Proclamation 1Vo. 2, Series of 1995, Girl Scouts' Be Your Best
Day. Present to represent the Girl Scouts from Troop #289 was ICaitlin Russell and from
Troop #145 were 1Vicole Layman, Lauren Davis, Courtney Davis, Emily Ewing and Erika
Ring. Tom Steinberg made a motion to pass Proclamation 1Vo. 2, which was seconded
by Merv Lapin. A vote was taken and passed unanimously, 6-0.
Third on ghe agenda was a 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 with the Town of Vail, Colorado single family
mortgage revenue refunding bonds, series of 1992; ratifying certain action heretofore
taken; authorizing the execution and delivery by the Town of said first supplemental
trust indenture; repealing action heretofore taken in conflict herewith.
J. Keith Tully of George K. Baum & Associates explained in connection with the
December lst, 1994 interest payment date, the bond trustee discovered that certain
provisions of the Trust Indenture were inconsistent with the cash flow proofs prepared
in connection with the initial issuance of the bonds. With passage of this ordinance the
inconsistencies will be resolved.
With the aid of a flow chart Keith explained that the change to the Trust Indenture is
that any amounts in the Debt Service Reserve Fund in excess of the amounts required
to be held in that fund will be transferred to the Revenue Fund rather than to the
Extraordinary Redemption Account. This will allow any such excess reserves to be used
to pay debt service on the bonds then currently due, if so needed.
The Town's obligation to make deposits to the Mortgage Reserve Fund has been
terminated. Nloody's is providing written notice that such termination and/or
withdrawal will not cause the rating of the Bonds to be withdrawn or reduced below the
initial rating of the Bonds.
1 Vail Town Couneil Evening Meeting Minutea ML95
d
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, which is being provided.
There are no indications of any financial stress or difficulty for this Bond issue. The
change made by the ordinance assures that monies held under the trust estate are used
in the proper priority.
A motion was made by Sybill Navas and seconded by Merv Lapin to pass Ordinance
No. 4, Series of 1995, on first reading. A vote was taken and passed unanimously, 6-0.
Fourth on the agenda was Planning & Environmental Commission Appointments.
Applicants are Kevin Deighan, Greg Moffet, and Henry Pratt. A motion was made by
Merv Lapin and seconded by Paul Johnston to appoint Kevin Deighan, Greg Moffet, and
Henry Pratt, each with two year terms. A vote was taken and passed unanimously, 6-0.
Fifth on the agenda was Art In Public Places Appointments. Applicants are Jim Cotter,
Lolita Higbe, Kathy Langenwalter, Marianne McTighe, Ken Robbins, and Karen Smith.
A motion was made by Merv Lapin and seconded by Jim Shearer to appoint Jim Cotter,
Lolita Higbe, Kathy Langenwalter, and Ken Robbins, each with three year terms. A vote
was taken and passed unanimously, 6-0.
Sixth on the agenda was Housing Authority Appointments. Applicants are Dick
Cleveland and Kyle Webb. A motion was made by Merv Lapin and seconded by Tom
Steinberg to appoint Dick Cleveland, with a five year term. A vote was taken and
passed unanimously, 6-0.
Seventh on the agenda was a Town Council appeal of a major CCII exterior alteration
and parking and common area variances for a proposed building expansion at the Lions
Square Lodge. A site visit was held at the work session earlier in the day. Jim Curnutte
explained the conditions and alterations involved in the project. Bill Pierce, representing
the Lions Square Lodge Homeowner's Association, spoke to the Council and answered
their inquiries.
Council members stressed that they would like to see the exterior reworked slightly to
become less contemporary looking. Paul Johnston made a motion, with a second from
Sybill Navas to approve plans for the lobby addition, upholding approval by the PEC
on February 13,and including the conditions of their approval. A vote was taken and
passed with a 5-1 vote, with Tom Steinberg opposed.
Eighth on the agenda was a Town Council appeal of a PEC decision to approve a
conditional use permit, that allows a helipad to be located in Ford Park. Andy Knudtsen
explained that representatives of staff, the ambulance district, the hospital, the helicopter
pilots, and Vail community met to discuss alternatives for a helipad site. They focused
on what would and would not work. There were comments from Dan Feeney of the
hospital, Dick Duran of the Vail Fire Department, Diana Donovan and Mike Halpert,
Vail residents. Paul Johnston also had comments and stepped down from the Council
due to a conflict of interest.
Jim Shearer moved, with a second from Nierv Lapin to modify a conditional use permit
approved by the PEC for a helipad to be temporarily located at Ford Park. Several
conditions placed by the PEC were eliminated, but aereed with the PEC dPCision tn
discontinue the Ford Park helipad site after May 1. vCouncil authorized the former
helipad site, west of the Municipal Complex, to be used after the May 1 deadline until
a permanent site can be created in the future at the hospital. If the hospital is unable
to accommodate the helipad on-site, the Municipal Complex will be designated as the
permanent location. The Council also recognized that several minor improvements to
the helipad site would have to be made at the Municipal Complex in preparation for the
May transition. A few items will be required to be completed prior to May 1, 1995.
2 Vail Town Council Evening Meeting Minutee 2/21/95
0
t
Others which are more involved can wait until a permanent site is selected. If the site
west of the Municipal Complex is ultimately selected, the balance of the improvements
will be made.
A vote was taken and passed unanimously, 5-0, with Paul Johnston abstaining.
There being no further business, a motion was made, seconded and passed, to adjourn
at approximately 10:30 P.M.
Respectfully submitted,
Margaret A. Osterfoss, Mayor
ATTEST:
Pamela A. Brandmeyer, Deputy Town Clerk
Minutes taken by Anne Wright on behalf of the Town Clerk.
('Names ot certain individuals xrtw gave public input may be inacarate.)
3 Vail Town Couneil Evening Meeting Minutes 2121/95
9
' ORDINANCE WO. 4
SERIES OF 1995
AR1 ORDINANCE AUTHORIZIidG A FIRST SUPPLEAAERI7AL
TRUST IPdDEidTURE YO TFiE TRUS7 INDEPdTURE EXECUTED
IN COIVIdECTION WITFi TFiE TOWPd OF. bA1L, COLORADO
SINGLE FAMILY AAORYGAGE REllEP1UE REFUNDING
BOPlDS, SERIES 1992; RATIFYIfVG CERTAIid B,CTION
WERETOFORE TAKEtd; AUTHORIZIPIG THE EICECUTION
. AtdD DELIVERY BY 7iiE 70WPd OF SAID FIRST
- SUPPLEMEPdTAL TFtUSl' IMDEId7URE; REPEALING ACTION
HERETOFORE TA6CEId IN COfdFLICT HEFiEWITFi
WHEREAS, the Town of Vail, Colorado (the "Town") is authorized by the County and
Municipaliry Development Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123,
inclusive, Colorado Rev,ised 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 which
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 boundaries of the Town; and
WHEREAS. Section 511 of the Indenture 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
Ordinance No. d, Senes d 1995
i
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 THE 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 is 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 therein 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) Nothing contained in this 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 liabiliry 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
' , ONinance No. 4, Seriec ol 1995
~
6) All bylaws, orders, resolutions and ordinances, or parts thereof, inconsi5tent
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 bytaw, 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 full force and effect upon five days after 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:
Holly L. McCutcheon, Town Clerk
CdORD95A
P
3
Ortlinance No, 4, Senm of 1995
SFNT BY:SHFRMAN & HOWARD ; 2-17-95 ;11:34AM ~ 5ERVICES DESK- 3034792157;t 8/11
FIRST SUPPLEMENTAL 1NDEN'I'URE Or 'I'RUST
bated a,c of February 1, 1995
By and $etween
TOW[v or VAIL, COLURADo
and
FIRST 1NTERSTATE BANK Or DEN'V'ER, N_A_
as T'rustee
Relating To:
Town of Vail, Colorado
Single-Family Mortgage Revenue Refunding Bonds
Series 1992
a
a SENT BY:SHFRRdAN & HOWARD ; 2-17-95 ;11:35AM ; SQtYICES DESK- 3034792157;# 9/11
a
FIRS'I SI.TPPLEWN'TAC, 'Y'Ri1ST I1VDENT[,TRE
'tHIS FIRST ,SiJPPI.ENfENT,4L 'IRUST NDENTiJRp, is rnadc and cntered ento as
of the firse day of r, ebnaaay, 1995, bY and between the 'T0WN OF VAII., COL,ORADO (tile
"'d'own"), a poiitical subdivisiort of the State of Colorado, and FMST IWTERSTATE BANK Or
I3ER!VEIZ,1d.A., a national bancing association duly organized, cxisting and aaathorized to accept
and execute tnasts undee and by vartue of the lavvs og the GJnited States af AmeYica, as trustee (the
°Trrus4ce")-
. WI'dNESSB'ITi: .
WHEREAS, the 'fowm is authorized by the County and RRunicigality Developtztcnt
Rewenue Bond Ac4, conseetufing Sections 29-3-101 through 29-3-123, anclusave, Colorado Rewised
Statuies (ihe "Ac4"), to fuaancc and refinarxce mne or ffiore projects, ancluding any land, building or
othcr improvement, and a11 reaL snd petsonal progerties, whether oe taot in existenc,e, which shall be
suitable for resideaaii:~l facalities for low- and middle-incomc families or pmons and intended for aase
as the solc pl-mce of residcnce by the owmers or intended occupants to the end that more adequate
gesidenteal housing gaci9igics for low- and midcilc-ancosne families and persons may be providedy
which promote the publac hcalth, wrelfarc, safety, convenience and pPOSperity; and
WHEREAS, pursuant Qo the Act, the Town bas liereiofoge issued its Towai of Vail,
Coloradc), Single FarWly Mortgage Revenue R.efunding Bonds, Series 1992 (ttae "Bonds") pursuant
tio the tertns of an T'gust Iaidentiare dated of as of July 1, 1992 (thc "Indenture"), begween the Towri
and the Tazastce, the proceeds of which Bonds weac usecl to refund prior bonds of the T'own the
procecds of vvhach rnere used to acquire martgage loans secured by mortgages on xesidential5ingle
family housing facilitics owmed by low- and middle-incoane families and pcrsons within the
boundarics af the Town; and
WHEItEAS, Sectivn 507A of the Indenture provides that arry amounts in the Debt
Setvice Reserve Fund established thereeander in excess of the Debt Serwice Reservc Requiremen4
sha11 be wan.sferrd to the Exawrdiraary itedemption llccount, buY the cash flow pro}ection.s prepared
in c°mecti°n witta the issuaaicc oF the Bonds assumed that any such excesses vvould be transfertcd
to the Revenrac Fund; and
VaMiBEAS, puYSUaot to Section 140 1 of the Indenture, the parties hereto desfre lo
auaend the Indenture a, set forth in ihis First Supplementtl 'I'rust Indenhare, f'or the purpose of
cnalcing changes whech do not laave an 8clverse eflFect upaa the interest of the owneas o!'the Bonds
atad which cuee or eor=t dcfcetive or anconsistent pruviyions in the Indenture, ay described above.
~ERLRS, a11 Yhings necessary to enakc this First Supplementafl T'ru.tiL IndenYure
have, in a11 respects, been duly auehorized.
iVOW, THERL;FORE, THIS FIItS1' SIJI'PT.E1VIENNTAI. '1'RLJST INl)E1VTURF
WI"TNESSETI4:
SENT BY:SHF.RMAN & HOWARD ; 2-17-95 ;11:35AM : SERVICES DESK- 3034792157;#10111
:
Section 1. Section 507A of the Indcntwe is hereby amended lu read as failows:
A. No more than. five Business Days prior to cach interesi
payznent date on the Bonds, the Trustee shall calculatc the amount, if
any, then in the Dcbt Service Reserve Fund which is in eaccess of the
Debt Scrvice Reserve Requirement. The amount of such excess shaIl
be transferred to the Revenue Fund. -
Section 2. The transfer oFmoncys from the Debt Service Reserve Fund by the
Tnistee in conncction with the December 1,1994 intemst payment date for the Bonds consistent with
the above amendrteent made by this First Supplemental Trust Indenture is hereby ratified and
approvexl.
Section 3. "Ihis First Supplemental Trust Indenture may be simuitaneuusly
executed in several counterparts, each of which shalZ be an original and alI of which shn11 constitute
but one and the samc instrument.
Section 4. The ptvvisiocs of this First Supplementai '1'rust indeniu= shali hewme
effective immediately upon the exec:ution and di;livery hemof by the parties hereto. Except as
otherwise provided in this rirst Supplementai Trust Indenture, the provisions ofthe Indenture are
hereby ratiSed, approved and coni-irmed. No reference to this First Supplementai Trust Indenture
need be mnde in any instrument or document at aay timc rcferring ta the Indenturc, a referencc to
the Indenture in any of such to be deemed to be reference to the Indcntium as amendcd hereby.
IN WITNESS WHERF.OT', the Town of Vail, Colorado, has cause this First
Supplemental Ittdenture of Trust to be executed on its hehalf by its Mayor anci its official seaJ to be
hereunto affxed and attested by its Town Clerk, and the Trustee, to evidence itg acceptance of thc
trusts hereby created, has caused this First Supplemental Indeniure of Trust to be executed in its
-2-
, SENT BY:SI-E2MAN & HOWARD ; 2-17-95 ;11:35AM ; SERVICES DESK- 3034792157;#11/11
0
n~o and bchalf by ats duly authofiwd offjcer and its officinl sea1 to be hemeanto affixed and attested,
a!1 as of the date first abovc writtcn.
TOW1V UF VA1L, COL.ORADO
(Sk:AL) B
Alayor
Atttest: .
Tmwn Clegk
Fl1Z.'ST IN"fERST'AT'E BAIVK OF DENp/ER,
IV.A., as 'd'au.stm
By
Title: Auest:
-3-
\
`~de4
TO~l OF YAIL ~
75 South Frontage Road Office of the Town Manager
Vail, Colorado 81657
303-4 79-2105 / FAX 479-2157
MEMORAIVDUM
TO: Vail Town Council
FROM: Robert W. McLaurin
Town Manager
DATE: March 3, 1995
SUBJECT: Town Manager's Report
Council Retreat
Due to a scheduling conflict, we have rescheduled the Council retreat. The new date is Tuesday,
April 25, 1995. VVe have rescheduled all the items, tentatively scheduled for the agenda on the
25th, so we can spend the day focused on strategic issues. As I indicated to you previously, Dick
Bowers, the City Manager of Scottsdale, Arizona, will facilitate this retreat. I wilt be providing
details on specific times and locations in the near future. Thank you for your assistance in
rescheduling this meeting.
CAST IVleetinq
I received a call this week from the secretary of CAST. It appears the attendance for tne meeting
with the Legislators is very low. I would encourage each of you to take a look at your caJendar
to see if you could make this meeting. This will be an excellent opportunity to discuss issues of
substance with all the legislators. This meeting is UVednesday, March 8, 1995 at 9:00 a.m. at the
1lVarwick Hotel in Denver.
On another note, I am working to schedule a meeting with Senator Wattenbe?g and
Representative Taylor in accordance wi4h your wishes from last week.
If you are able to attend the CAST meeting please let Anne 1Nright know so she can maice the
necessary arrangements. I will driving and uvill have room to carry three people and one on my
ski rack!
Main Vail Roundabout Proiect
The main Vail Roundabout project design is complete and the bid documents are available to
contractors today. The bids will be opened on March 21st. Assuming 4hat the bids come in
within the budgeted estimates, uve will be making a recommendation to avuard the project at your
evening meeting on March 21st.
The only remaining items are the formal approval from the Federal Highway Administration and
Colorado Department of Transportation. VVe have worked closely with both of these agancies for
the past two years to design this project and do not anticipate any problem with the formal
authorization. However, the project cannot proceed until each of these agencies signs on the
dotted line.
Update on the Mortqaqe Credit Certificate Proqram
As you may be aware, the Mortgage Credit Certificate Program is a federal program which is
administered by the State of Colorado which helps underwrite the cost of housing mortgages for
specified home buyers. VVe believe the iViCC program has the potentialto play an important role
in dealing with the Town's housing problems.
Several weeks ago, we made a presentation to the board appointed by Governor Romer which
allocates these private activity bonds within the state. The committee had approximately $40
million in bonds to allocate. There were approximately $120 million in requests from various
communities around the state. The Town's request was to establish a$7.5 million program within
the Vail Valley.
The MCC program wrould alfow the Town to establish a program where first time home buyers
could receive credits which could be applied to their taxes. These credits would be approximately
twenty-five percent of the interest paid on the mortgage. The U.S. Government reviews private
activity bonds as a loss, since they are tax free. If the Town were to receive this allocation, we
would not agree to issue the bonds but instead would establish the MCC program. One of the
major benefits of this program is that first time home buyers can be helped significantly in their
ability to purchase homes in the community. The program can be applied to the existing housing
supply and existing private mortgage companies would provide the loans to potential home
buyers. Under this program, the Town v?rould not be directly involved in making the loans, and
no additional staff would be required to administer this program. However, there would be a one
time cost of approximately $15,000 for marketing and training local lenders. The committee
declined the Town's application. UVe have subsequently provided additional information and have
asked for a reconsideration on this matter. I spoke briefly to Larry Kallenberger, who chairs the
committee, at the CAST meeting, and he indicated a willingness to reconsider this matter when
he receives the additional information. I will keep you advised as we proceed on this issue.
Vail Pass Chain Up Area
On VVednesday afternoon I met with Bill Reisbeck, who is the Chief Engineer of CDOT, and Bob
Moston, Regional Transportation Director of CDOT, to discuss the chain up area for Vail Pass.
The construction of this pull off has created significant problems for the residents immediately
adjacent to the area. I indicated to the CDOT officials the Town was most concerned about this
issue and the impacts of this issue were adversely impacting Town of Vail residents. I indicated
our concerns fell into three categories: health, loss of privacy, and noise.~ Jean Terry from the
Dept. of Health also attended this meeting and stated the Dept. of Health's concern with the
potential adverse health effects from this staging area.
I indicated it was the Town's strong desire the facility be relocated. To that end, I offered to
provide some limited in kind assistance to relocate it. The Department agreed and has begun
exploring the feasibility of moving the facility west approximately .5 of a mile. This location would
be adjacent to the Vail Golf Course and would not adversely affect anyone during the winter
operation. The residents of the East Vail area have indicated this would be an acceptable
location from their perspective.
Siebert Circle Streetscaqe Improvement
It appears the Golden Peak House will be demolished following the ski season and reconstructed
over the course of the summer. The Town has long planned to make streetscape improvements
at the top of Bridge Street in an area commonly known as Siebert Circle. In order to minimize
the impact in the Vail Village, we are working to construct the streetscape improvements in
concert with the reconstruction of the Golden Peak House. V1/e are currently preparing the design
and attempting to get this project off the ground as quickly as possible. I will keep you advised
as this project proceeds.
Countv Franchise Fee
During our discussions regarding the franchise agreement for TCI Cablevision, the Council
inquired about the possibility of the County assessing a franchise fee in order to support the local
access programming. I discussed this matter with the County Manager. He indicates the County .
is prohibited by law from accessing a franchise fee.
RVVM/aw
C:\Townmgr.rpt
~S 3 7- f5
George K Baum & Company
INVESTMENT BANKERS
717 SEVENTEEN7H STREE7
MEMBER
SUITE 2500
NEW YORK STOCK EXCHANGE.INC.
MIDWEST STOCK EXCMANGE
DENVER, COLORADO 80202-3354 TELEPHONE (303) 292•1600
March 3, 1995
Merv Lapin, President
Vail Securities Investment, Inc.
232 West Meadow Drive
Vail, CO 81657
RE: Federal Tax Law Restrictions Related to the Use of Tax-Fxempt Housing Revenue Bonds
Dear Merv:
I hope you don't think I have forgotten you, however I have been out ill a couple of days this week
and have been playing catch-up regarding my commitments. I would like to give you some
information related to the Federal Tax Law requirements for both single family and multi family
6nancing.
First off, regarding single family, the Town of Vail has two options available to them. One is to be
the issuer of their own tax-exempt single family mortgage revenue bonds or to secure financing
through the Colorado Housing and Finance Authority (CHFA). If Vail were to act as the issuer, they
would need to obtain private activity volume cap from the State equal to the amount of bonds that
they intended to issue. The minimum size for a single family mortgage revenue bond would be
approximately $7 million. If the financing were obtained through the CHFA, they tiy law receive
allocation at the beginning of the year which allows them to issue single family mortgage revenue
bonds. In either case, the use of the proceeds from this rype of a bond issue are restricted to first
time homebuyers (persons not owning a home within the last three years). Additionally, there are
purchase price and income limits. The purchase price and income limits differ between whether
CHFA were the issuer or if the Town of Vail were the issuer. In the case of CHFA, their purchase
price limit for new construction is $124,000 and their income limit would be $43,000 for a family of
three (less if family consists of one or two). If Vail were to act as the issuer, they could opt to use
the Federal limits which are higher. That purchase price limit is $156,656 for new construction and
the income limit is $49,335 for a family of three (less if family consists of one or two). In either case,
the proceeds of the tax exempt single family mortgage revenue bond could only be used for
permanent loans which would be either FHA, VA or Conventional.. It is not anticipated that the
proceeds woulcl be used for any type o£ construction financing which would need to be obtained &om
a conventional source.
Merv Lapin
March 3, 1995
Page 2 Related to multi family, I have been advised by Stan Raine, at Sherman & Howard, that unless_the
multi family units were going to be owned by the Town of Vail, a private activiry state volume cap
allocation would be required similar to the single family mortgage revenue bond program. If the
multi family project were to be owned by the Town of Vail no private activity state volume cap would
be needed in order to issue the bonds. In either case, the Federal law would restrict the use of the
units for the length of the bond issue. So, if you were issuing 30 year bonds there would be a
restricted use of the units for the same amount of time. The Federal law dictates that the developer
has two options available for the set aside required. One option is to set aside 40% of the units for
people whose incomes are 60% or less of the median income for Eagle Counry. The other option
is to set aside 20% of the units for people whose incomes are 50% or less of the median income in
Eagle Counry. The median income in Eagle County is $45,500 for a family of three (less if family
size is one or two). This set aside requirement doesn't require that you lower your rents for these
units, however if market rents are tao high these set-aside units could be vacant so lower rents for
these units may be necessary to keep them rented.
If I can provide any additional information to you please let me know.
Sincerely,
?
f J. K th Tully Executive Vice Presid nt & Manager ,
. , y=,: J.:•: . . - .
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a~ , Playboys." Dutch entrepreneur D E R K S A U E R, who plans to edit
~ t , ~ , • ~;-u;,: and publish Russian editions of Playboy magazine
'
ON "I asked him to do it because he was the only person that I
co u l d t r us t to rea d a ll 150,000 pages in t he Co de o f Fe de r a l
Regulations." B I L L C L I N T 0 Po, on VicePresidentAl Gore's pl s to
t tacklefederal regulation reform
. C 1995 LUCKOVICH-ATLANTA CONST(TUTION ~ „y,,.~• _ I
lfl "God! I sound ]ike a breath mint!" R 0 B I AI W I L L I d M S, ~
dazzled by the descriphon of his talents at a black-he af j`'air
i
~ in his honor
~
0
3 "I accept Candy But I do wish that Candy would be- s e~,
~ how should I say it?-natural." aAr H L e e w G I M G R I C H, mother . , ~
of House Speaker Newt, on her lesbian daughter
?y m"There are many problems with Ted Kennedy." Sen. ,
i~ d L F 0 PI S E D' d Iw A T 0, of New York, on whether "the Ted Kennedy ~
problem" of getting an annulment of his first mamiage would hinder
.
him from marryinggossip reporter Claudia Cohen =
D 1995 DALE STEPHANOS 11 "He's in the right wing of the Capitol. But to get there you `
gotta take a right, then you take another far right, and then ~
you go to the extreme right, and he should be right there."
I NEAR WE Senate Majority Leader B 0 B D 0 L E, offering to help the "TonighY" ~ , • . E{AD 7
0,g
' show staff track down Sonny Bono's office :
. , .
0 "A guy with Peaceable Texans for Guns called me the other
oiR F~~
'~'M day to say he was going to ldll me." Texas State Rep. x e i r H
<< ' A
0 d K L E Y, who wants a state referendum on whether to allow citizens
to carry concealed weapons
~ ~ - ~
,
• ~ w..;
,i • N "It's just a ntunber." Wall Street guru J 0 H N N E F F, on the Dow ~
Jones industrial average hitting a record 4000 mark last week
, I 0 1895 PEI'ERS-DAYCON DAILY NEWS
.
. , P"RiT ii9AIRZF~llO
. Quotations are compiled from press, TV and wirrservice reports as well as from NEwswEex rnrrespandertts. M A R C H 6,1995 N E W S W E E K 23
JI
I.
~
,
" . . _ . _
. - '-'--~--t....-,--~- . . .
Printed by Pam Brandmeyer 3/02/95 10:50am
From: Anrie Wright CONFIRMED
To: Pam Brandmeyer
Subject: updates
===NOTE====------=====3/02/95=10:42am==
John Hazard is in ICU today but
expected to be moved to reg_ room '
tomorrow_ Flowers will be sent
tomorrow if he goes to a reg_ room_
As of yesterday, Mrs. Reynolds came
through the 5 hour operation and
doctors have a positive outlook.
Patty will update me as she gets more
info _
•
Page: 1
l
1Y1E1tl1O11Cflr 1/ U 1V1 .
TO: Vail Town Council .
Robert W. 1Vlcl.aurin, Town IVlanager
FROIVI: Pamela A. Brandmeyer, Assistant Town 1Vlanager
DATE: 1Vlarch 2, 1995
RE: Commission on Special Events and Activities Tentative Budget
To update you on recent information obtained from the WTCB, the following tentative
budget dated 2/28/95 was presented to the Commission on Special Events and Activities at
Tuesday's meeting (2/28/95).
Income
TOV Funds , $100,000
Sponsor Income (estimated) 109,000
Other Event Income 29,500
(vendor fees, t-shirt sales, etc.)
WTCB Allocations 100,000
TOTAL INCOIVIE $338,500
Expenses
Salaries/WG/TaxesBenefits $ 75,000
Other Office 14,364
$ 89,364
Street Entertainment $ 43,697
(associated labor costs)
IVlemorial Day 9,200
(not to include Niinturn ~Thite VVater R,aces) Vail America Days 41,100 .
(includes $14,000 for 7/3/95 fireworks)
VailFest 20,000
International Holiday Festival 99,000
(replaces Festival of Lights)
$296,961
Seed 1Vloney for IVew Events 40 000
TOTAL EXPENSES $336,961
RECE@l~~D MAR
xc~
EA~~E VL ll~~EY 11 AMILJL CEl aTER
1Vleeting IVotice
Z'uesday, Ma.rch 14tla, 1995 from 5:30-7:30 pm
at Edwal-ds Elemelltary School/Media Cenrer
THIS IS A VERY SPECIAL PI,AIVNIIVG 1VIEETING TO
DISCUSS OUR LEVEL OF IIVTEREST IIV BECOIVIING
A "COOPEIZI4T'IVE", AIVD TAKIIVG A17VANTAGE
0F FEDERAL, TECHNICAL ASSISTANCE (LTSDA)
AND NATIONAL, Ft.JIVDIIVG STREAIVISooo
Please come...we need your energy and your (open) nund! Ry Southard of
Kocky Nlounta.ill P1117ll111g GrOUp Wlll Ue lYlerE'_ t0 SY111'e 121fOrI71a11011 aI1C1 LO
help facilitate che d~scussion. This is a very exciting challenge to go Ueyond
Otll 11T1111eC11aCc "goals" and reach toward our "V1S10I1". We Ileed eVel"y0I1C LO
work oi1 the concept p1a11, aiid determine if we should pursue this
opportunity!
)For more information, call Cherie at 949-7086. Tha.nks!
Note: lf you have not yet sent your "Agency Information Sheet" to Iiolly
"l,atnall (328-3788), please do so ASAP so they can all be compiled and
di.su ibuted. 1'Yianks!
1
. r
IMPORTAIVT SI'ECIAL PLANNING MEE"lING
[l'lease read immediately]
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. ~ Lagle Valley Falnily CenCer 1995 _
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Avon Colorado 81620 Ei ~
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On January 25-26, 1995, over one thousand Coloradans from different communities, stakeholder
groups, and backgrounds elected officials, community, agricultural and business leaders, educators
and students met at the Colorado Leadership Summit on Smart Growth in Denver to tackle the
tough issues raised by Colorado's rapid growth and development.
Summit participants listened to a number of presentations and participated in small break-out groups
to identify a.nd discuss problems, opportunities, ideas, barriers and solutions related to growth and
development issues.
This report is a synopsis of the notes composed by each of the eighteen break-out sessions at the
Summit. It is meant to be a tool for helping communities through the process of creating local and
regional visions. As a result, the content emphasizes organizational strategies and planning policies
that Summit attendees suggested for consideration at the local and regional levels. Much of the work
in the break-out sessions also focused on the state's role in smart growth, and one section of this
report summarizes some of those suggestions as well.
The report is organized into brief sections detailing specific suggestions made by Summit participants.
The first four sections discuss general issues, such as procedural tips for the local and regional.
planning process, or the role of state govemment and the legislature. The last seven sections recount
suggestions for dealing with specific issues like resource management, economic development or
infrastructure planning.
Each section contains only the suggestions, ideas, views and concerns articulated by the participants
during informal group discussions at the Summit. They are not policy mandates or official position
statements.
The authors of this report have done their best to summarize accurately the thoughts, ideas and
suggestions of Summit participants as recorded by facilitators of the break-out groups. Apologies
are offered if an idea was missed or an opinion was mischaracterized. The full, 150-page text of the
notes from the break-out sessions is available from the Colorado Department of Local Affairs at 1-
800-899 GROW or (303) 866-2817.
CONTENTS .
Introduction 1
General Issues ' 3
Procedural Tips
Legislative Reforms
Role of State Government
Quality of Life
Specific Issues , g
Land Use Planning
Transportation and Infrastructure
Water
Resource Management and Environmental Concerns
Affordable Housing
Economic Development
Telecommunications
Creative and Innovative Ideas
Statement of Principles 14
2
g Procedural Teps for ILocal anc? Regional Visioning
Generally, Summit participants accepted Governor Romer's vision of a"new growth ethic." They
agreed that the hard work only began at the Summit, and that the next step is for communities to
creaxe their visions of Colorado 50 years from now. Every break-out group came up with ideas, tools
and strategies for organizing and motivating the local visioning process.
Most agreed that, in general, communities and regions must promote a"holistic" or "systemic"
approach to planning. Local and regional visions must recognize interconnected issues like
infrastructure development and open space, or residential water usage and wildlife habitat.
Comprehensive plans which address issues broadly and include funding strategies can be helpful.
The process of local and regional visioning will require open-mindedness. For example, several
groups noted that Front Range residents must keep in mind the needs and concerns of rural Coloradans. Local planning teams could learn from the experience and good ideas of communities
around the state and country.
0 Communitv Outreach
The heart and soul of this Smart Crrowth process must be public involvement. Tough.decisions
should be ma.de with as much input from as many people as possible: volunteer planning boards and
commissions would give citizens a chance to be more involved in the process. Using public/private
partnerships for planning and funding, or starting a"business action committee," might help get local
businesses involved.
Citizen leaders ought to make every effort to educate the public and encourage widespread
participation. Local governments and planning commissionsecould solicit citizen input through direct
and personal interaction instead of depending on large public hearings. Other specific suggestions
included smaller "toum hall"-type meetings, working with self-defined communities like
neighborhoods or industries, sponsoring breakfast meetings or community picnics, and using
randomly-selected population forums and focus groups, and mandatory training for all elected
officials in communication and group facilitation, as well as in growth management.
Appealing to a sense of community could be vital to the success of local visioning. The local
visioning process could benefit from actively appealing to unique local history and culture, and
reaching out to and educating business, political and community leaders to make them partners in the
process.
0 Information and Accountability
1Vlany Summit participants emphasized the need for simple, accessible and timely public information
3
about the planning process. Regulations and plans should not be too complicated or technical, and
information about programs, initiatives and grants available for planning should be coordinated and
centrally located. The general public should be educated about the overall impacts of growth social
and environmental as well as economic. Single-page fact-sheets and position papers might be helpful.
Some system of "benchmarks," or standards for measuring the quality and success of planning, might
be a good idea. They could measure changes in public services, education, resources, economic
growth or any other issues important to the community. Benchmarks ought to be based substantially
on public input, and periodic assessments of community progress should be easily accessible.
• The Role of Government
Municipal and county governments can play an important role in this process, but they should noi
necessarily dominate it. Many participants outlined an appropriate leadership role. For example,
local governments use tax incentives or develop a timeline to encourage coordinated, long-range
planning. Evalua.ting city and county services to deternune which level can..provide them most cost-
effectively, or establishing special districts across jurisdictions might lead to more efficient provision
of services. One state representative asked for invitations from around the state to learn more about
regional and statewide concerns.
There were other ideas for streamlining government involvement. Consolidating some governing
bodies into smaller and fewer bodies with more authority and accountability might be helpful. Local
and county governments could encourage informal cooperation and partnerships between public and
private entities without establishing another layer of government for planning. Also, private and non-
profit sectors could replace government in the provision of some services. Finally, it may make sense
to reconsider the political boundaries of special districts, municipalities and even counties where the
established lines may not make much sense anymore.
Regional planning may be the best way to address some issues, such as infrastructure planning and
resource management. There is a need for some authority to make decisions regionally, and to
encourage communication between different counties and municipalities. A regional planning board
with some authority to supersede local decisions, or intergovernmental associations (IGAs) made up
of counties and/or municipalities, could fill these roles. Planning region boundaries could be drawn
according to specific issues to make planning more effective. For example, natural resource
management might be better accomplished by focusing on a watershed or river basin, while
infrastructure planning may be done better along existing highway corridors. However, all planning
regions would have to inter-relate in order to coordinate comprehensive regional visions.
4
~ Poteaatial Ltges?atide Refoe-rans
Much of the discussion at the summit focused on the role state government should play in the process
of smart growth. Summit participants suggested many reforms the state legislature could pursue that
might help Colorado communities in this planning process. Crroups mentioned that municipalities and
counties should work with the state legislature to enact some of these changes.
One objection to state legislation is that each Colorado community faces unique challenges.
I-iowever, the legislature could establish an index to identify high growth areas and provide
governments there with growth management tools or legislation which are opposed in lower-growth
areas around the state.
Most break-out groups suggested several examples of enabling legislation that counties or
municipalities could use to help manage the impacts of growth effectively. Recommendations
included enabling or possibly mandating revenue sharing between communities, redefining
political boundaries (based on local initiative), making home-rule powers more available to counties
and giving counties the power to regulate parcels of land larger than 35 acres. Loca1 governments
also need more flexibility for taxation including_property tax allocation and the power to impose
transportation impact fees such as.toll roads or congestion pricing. .
Legislative reforms for tackling land use planning might include a time limit for the vesting of
development rights, more strict rules for annexation and changes to existing enterprise zone laws.
To handle issues related to water managemern, the legislature could limit the trans-mountain transfer
of water, set a minimum level of water availability as a statewide criterion for development, or re-
examine our "use it or lose it" water policy.
In order to fund infrastructure and transportation, groups suggested: assessing a statewide growth
fee when issuing new driver's licenses; increasing gas taxes, car registration fees and parking costs; putting in toll roads and implementing congestion pricing. The revenue from user fees like these
could fund alternative transportation projects aiound the state. State tax incentives could encourage
creative local and regional public transportation plans. Finally, local governments might welcome
changes in the distribution of authority for and funding of transportation projects.
Suggested changes in tax policy included tax incentives to encourage the use of technology, changes
in property and income tax law based on land use, the elimination of the tax exemption for a second
home mortgage, the repeal of the sales tax exemption on fuel to provide more revenue to local
governments, and the statewide redistribution of sales tax revenue to prevent competition for sales
tax revenues between communities. .
Finally, comprehensive private property rights legislation and ensuring that job benefits follow
employees might be important parts of smart growth.
5
~II Role of State Government
Every break=out group felt that state government has an important role to play in the process of smart
growth. As one group put it, "the state should facilitate, coordinate and educate."
In general, state regulations should be more flexible. Agencies need to focus on helping Colorado
communities meet their long-term goals. Specifically, the state could experiment with alternative
methods for school funding, offer tools and money to help diversify housing, explore leasing state
land for affordable housing developments, relax housing and land use regulations to empower local
and regional experiments, or grant local control over and responsibility for state highways, conditional
on regional planning.
State agencies could delegate some of their regulatory power to counties or municipalities, and
representatives from the Department of Local Affairs could help different communities around
Colorado arrange public/private partnerships. State money could fund local conservation plans,
which would help relieve local dependence on sales tax for revenue. The state could define broad
legal guidelines for regional land use planning and limit its interference with local decisions, or offer
grant money as a regional planning incentive without pre-defining the planning regions eligible for
the grants. Each of these ideas would encourage creative and cooperative planning.
Participants also empha.sized that the Governor needs to endorse state legislation that enables local
and regional planning, and that he and other state officials should work with federal agencies to make
federal rules more flexible. Finally, the state should compile information necessary for local and
regional planning such as data regarding resource management or transportation planning and
make it easily available to planning teams, perhaps over the Internet.
Participants had several suggestions for state policies that could encourage smarter and more
responsible water usage. A comprehensive water policy that recognizes a public interest in water
could compensate for water laws that only recognize private rights. It also may be a good idea to
broaden education efforts locally and regionally about water issues. ,
State mandates may be necessary for handling other resource or environmental issues, such as air
quality. Recommendations included declaring our "visual environment" a statewide resource and
strongly regulating visual pollution, and defining "airsheds" as jurisdictions for regulating pollution.
Many break-out groups emphasized the importance of the state's role in helping to direct economic
growth around the state to places that need it and want it. Suggestions included locating state-run
industries in areas that need them and using proactive transportation planning to direct development.
The state also could sponsor telecommunications to redirect and accommodate new growth, or even
use its purchasing power to encourage new development in the telecommunications industry.
Participants felt state government should develop a statewide policy to foster further
telecommunications development all around Colorado. The state should protect the public "right-of-
6
4
way" on inforniation highways from private telecommunications providers, invest in more information
infrastructure (it is especially important to ensure equitable access for rural areas), and reform its
regulations regarding universal service and access.
Finally, the state should help educate citizens about the smart growth process and the long-term
consequences of planning decisions. Specific suggestions included training for all elected officials
about land use, resource management and other planning issues, efforts to help the free market take
account of public or non-fiscal value of natural resources, and to require and fund more emphasis in
public education on civic participation and political involvement.
II~ Oua9e of l[.nft
Most break-out groups discussed general quality of life concerns in addition to specific planning
issues. These discussions concerned the overall livability of Colorado towns and cities, and the need
to achieve or maintain a sense of community. For example, one group pointed out the importance
of informing newcomers about local community values. Recommendations for improving local
schools were often made in this context.
Communities could establish benchmarks to measure quality of life in overall community planning.
A"sustainability index" organized on a local and regional basis might include benchmarks for
measuring diversity in housing costs or job opportunity, school quality, conservation of open space
and other resources, or anything else important to the community. Local govemments could base
municipal development codes on such an index or other benchmarks.
Some local public support can be important for maintaining a sense of community. Regional
cooperation and new technology could make public assistance more comprehensive a.nd efficient, and
public/private cooperation could support an immigrating work force.
To improve schools, most break-out groups felt a closer link between schools and the community was
important. It can be important to include senior citizens and non-parents in the process of education,
or to use school buildings as family and community centers. It also may help to develop 5-10 year
comprehensive plans for schools in conjunction with overall local planning, or to incorporate local
history into curriculum.
Finally, business mentor or school-to-work programs allow the local business community to offer
curriculum input, expertise in the classroom, or even apprenticeships for individual students. School
boards could coordinate these programs with the private sector, and local governments could work
with businesses to give employees incentives to volunteer their time.
7
~
y Land Use Planning
Summit participants discussed several issues relating to better land use planning. These included
preserving open space, preserving agricultural lands and minimizing urban sprawl. Many of the
break-out groups stated the need to account for all of these issues in a single comprehensive regional
plan.
Many rural Coloradans do not feel their concerns are respected by the Front Range residents. For
example, development limits such as urban growth boundaries might drive up land prices, which
would make it tougher for communities to sustain agricultural lands. Regional land use planning
ought to take into account that rural communities do not want to be thought of as "dumping grounds"
for uiban tourism, recreation or landfills; and that agricultural lands are not the same as open space.
A cooperative process for land use planning ought to include efforts to educate participating
communities about the views of other affected areas and regions. It also may be helpful to set up
mediation or some other process for resolving disputes between communities.
Several general strategies for long-term land use planning were suggested. Communities could tax
property according to use (with lower rates for open space and agriculture), increase the jurisdiction
of planning comrnissions across political boundaries, or force developers to define how their proposed
developments support the long term visions of the community and region. Governments could collect
fees or taxes to use for purchasing development rights and conservation easements, which would help
prevent sprawl and preserve open space and agicultural lands. Elements of land use planning could
be integrated into the public education curriculum and open space and agriculturallands could be
used as "classrooms." One of the most helpful strategies for local land use planning might be to identify and catalog the
"best use" of land throughout the region: agriculture, open space, wildlife habitat or development.
Such an assessment ought to be made with input from environmentalists and the business community
as well as from landowners, and it should include consideration for preserving a critical mass of
agricultural land.
There were many more specific suggestions for preserving open space, preserving agriculture, and
minirnizing urban sprawl. First, to preserve open space, regional planning could be organized around
geographic, economic and political boundaries, as well as around common interests. Collaborative
funding of open space lands through combinations of public grants, revenue from real estate transfer
taxes or sales taxes, private land trusts or even private donations also would be helpful. Local
governments could require designated sections of open space in all development proposals, and they
could provide tax relief for clustered development and open space easements, as well as for private
land trusts.
To help sustain agricultural lands, local and regional planners could encourage value-added industries
to locate in agricultural areas. They could promote business and non-,profit partnerships and
sponsorships with agriculture. Local and county governments could experiment with "agricultural
, 8
I
enterprise zones," mandatory minimum lot sizes, or annexation agreements to preserve agriculture
next to urban areas (which would also provide urban growth boundaries). Governments could also
use tools such as transfers or purchases of development rights.
Finally, to encoura,ge urban in-fill and minimize sprawl, tax incentives could be used to encourage
density where appropriate, and zoning guidelines could be used to cluster development around
existing infrastructure. Greater subsidies for amenities in urban areas, such as parks or recreation
centers, might make higher housing densities more acceptable to residents and neighbors. Local
governments could offer bonuses for density in Planned Unit Development proposals (PLTI)s) and for
using PUDs in non-urban areas. Also, designated greenbelts might be effective urban growth
boundaries. V-1 'g'ransportatuoan ana9 Infrastructure
A continuing process of collaboration between local, regional and state agencies is especially
important for transportation planning, because it is so closely affected by state planning and funding. "
Regional collaboration also can be particuiarly important for rural areas. The private sector could
be included in planning and funding partnerships, and comprehensive planning for example, linking
infrastructure planning with land use decisions could be very important.
It is possible to do a lot of infrastructure and transportation planning at the local level. Regional
taxation and revenue sharing mechanisms can ease the burden of traffic impacts. Requiring
developers to provide infrastructure as new development is created would ease the burden placed on
local governments. Impact fees aimed at truckers, tourists and commuters, such as toll roads,
vehicle-per-mile taxes and increased vehicle registration fees, might be helpful. Also, local
governments may want to seek out public/private partnerships to fund infrastructure, or explore
privatization options.
Local commissions could be created to define transit corridors where future development would have
to occur. To deal with pollution problems, local officials could implement more thorough and
stringent vehicle inspections. Something like a fee-based sticker necessary to drive on high pollution
days could discourage pollution as well as increase revenue. To ease pollution and traffic congestion,
local governments could partner with businesses and state or federal agencies to explore alternative
transportation technologies, or with the private sector to adopt staggered business hours or _
encourage employees to reduce travel.
Finally, it might be a good idea to have a summit at the regional level devoted entirely to
transportation planning. Such a summit could include input from all transportation industries,
including air and rail as well as automotive. Such a summit could start to develop an overall transit
plan, work on public outreach, and even explore changing the way we approach transportation
questions.
9
r
l
YU Water
,
Issues of water quantity, quality and conservation were mentioned in every break-.out group. Most
goups felt largely dependent on the state to address this issue, but there were several suggestions for
local and regional action. ~
In general, it is important for communities to encourage individuals to change their attitudes about
water consumption, and to measure the value of water in ways that are not totally market-driven.
It also is important to discuss local water issues in a regional framework, since local usage affects
other communities as well as open space, wildlife and agriculture. The long-term and environmental
trade-offs that come with water usage could be identified and discussed at public water-user meetings. Specific local strategies included regulating development based on the availability of water, and re-
examining the process of well pernritting to take better care of resources. Local authorities also could
provide incentives for conservation and for using or installing efficient appliances. Finally,
progressive tap fees based on the size of the house or business could be effective for managing
growth.
At the. regional level, communities ought to cooperate to protect rivers and streams. Regional
planning groups should address issues like pollution and conservation by watershed. They might also
consider transferring some water from agricultural areas to urban areas.
~
VIIIResource Management and Environmental Concerns - Every break-out group discussed the need for careful management of other natural resources besides
open space and water, and the. need for long-term environmental stewardship. Several discussed
other environmental issues such as wildlife management separately, but many of the suggestions for
local and regional planning policies were similar.
There were a few general suggestions for new ways of approaching the challenges of resource
management and environmental care. First, we should begin actively preventing pollution, instead
of focusing on waste disposal and cleanup from pollution which can be expensive and unreliable.
Second, we ought to do integrated resource planning, which takes into account the e$'ect of one
resource on another. Third, we could promote public/private partnerships instead of leaving problems
to the public sector alone. Finally, it may be helpful to translate non-economic environmental values
into market mechanisms, based on the value of the environmental or natural resource to the region. .
This last idea may include requiring compensation to the community for negative impacts on public
resources, as well as compensating property owners for preserving specified resources.
Specific policy suggestions for managing resources at the local level included requiring proof of
10
, -
sustainability in development proposals, or developing local goups to help inform and guide state
and federal action on environmental and resource issues that have an impact on the area. A
"Coordinator of Local Affairs" might help encourage integrated planning and assure that
development occurs in concert with resource limits and the local vision.
Summit participants also stressed the need for local education on environmental management issues.
In general, the public should be taught about "sustainability" and the need to preserve resources for
future generations. Loca1 governments also could educate the public about specific development
proposals, outlining the process of mining or extraction and its long-tenn implications and detailing
both the financial gain to the area and the eventual cost of clean-up. Resource management classes
could be mandated in local schools, and public education about the relative environmental impacts
of low- and high-density housing, and about the dangers of hazardous and solid waste and materials
like paint or fertilizer, might be a good idea.
A regional framework perhaps based on watershed or other common geological lines can help
make sound environmental decisions and exchange information. Regional authority also might be
necessary for better environmental stewardship and to mitigate the impacts of growth, because, as
one group put it, "punitive programs at the state and federallevel aren't successful in the long-term."
ffX Affordab?e Hoaesuang
Affordable housing was mentioned in almost every group discussion as a vital part of smart growth.
Summit participants pointed out the relationship between housing costs and labor, and many thought
local governments should actively promote mixed communities with lower-cost housing among
higher-priced housing and businesses. Showcasing successful projects, both for developers and the
general public, can help everyone leam about different, better ways of providing housing. IVew local
and regional housing authorities also could help tackle this issue. Comprehensive plans could include consideration for the need for affordable housing, along with
concerns for infrastructure, natural resources, land use, market impacts and economic development
patterns. Forming regional housing plans with input from economic development groups and councils
of governments (COGs) also might help guarantee lower-cost housing in growing areas.
Specific policy strategies for meeting the challenge of providing affordable housing might include
encouraging banks to offer low-interest housing loans in certain areas or under certain conditions,
or tailoring impact fees to make it easier for first-time homebuyers to find affordable housing, to give
senior citizens some relief from school taxes or to give apartment-residents some relief for their lower
water use. Other tax incentives and increased regulatory flexibility for developers -could encourage
the development of affordable housing. A tourism tax or a real estate transfer tax could generate
funds to subsidize housing, or possibly fund direct community purchases of lower-cost housing.
Local and county authorities could force large or new businesses (such as ski resorts) to help handle
housing for the low-wage employees they attract. Finally, communities might explore the possibility
11
t
of leasing federal or state lands for the development of low-cost housing.
X ('ontinued Economic Development
Almost every, break-out group at the summit discussed the need for continued growth and
development in certain areas of the state, even while trying to control the impacts of excessive
development in other areas.
Generally, local economic development efforts should focus on strengthening existing businesses and
employing the local workforce. When attracting outside industry, local officials should look for
businesses that will employ the existing labor force. It also may help to spend local resources on adult
education or other programs to increase the skills of the existing labor force.
To encourage growth, local governments could use tax credits or incentives for hometown or
agricultural businesses which are expanding to create additional jobs or to stimulate other growth.
Developing a method for public feedback when considering the use of public funds to attract new
business might be a good idea.
To pursue development at the regional level, it may help to create regional economic development
authorities (EDAs). Tfiey could be organized azound common infrastructure and resources, and
charged with attracting tourism and new industries, coordinating impact fees among communities to
avoid competing for economic development, and marketing existing urban areas to revitalize them.
XI Telecommunications
Telecommunications technology was mentioned in almost every break-out group as an important key
to Colorado's future. Telecommunications will allow economic development without a lot of the
physical development that traditionally accompanies it, so communities may want to experiment with
creative ways to fund telecommunications infrastructure. However, telecommmuters may redefine
"community" as we know it, particularly for small towns. Some communities may want to exercise
more local or regional regulatory control, or at least planning guidelines, over telecommunications
development. Policy strategies for encouraging telecommunications growth included working with the Public
Utilities Commission to include advanced telecommunications service along with basic utilities, and
fornring a special disfict with passive private and public investors to help fund a fiber-optic network
or other technology. Local governments could promote telecommuting among their own employees
(perhaps partnering with the private sector to get the necessary tools), and encourage businesses to
do the same by providing a public infrastructure or using tax incentives.
12
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XE Creatove anc9 Iuunovative Seeggesteons
Some other strategies generated during the break-out sessions are included here:
0 Base local visions on the "village concept": designing neighborhoods to be "full service
communities" where school, work and most other everyday needs are separated by no more than a
5-minute walk. Neighborhoods would be smaller, and include a mix of businesses as well as different _
types of residential housing. Zoning codes might require certain amounts of trees and parks, sidewalk
space, narrower streets and reduced parking.
0 Local and county governments could explore ways to let the non-profit sector take up some
of the burden of providing services.
~ Use the Board of Cooperative Education Services (BOCES) as a model for intergovernmental .
cooperation to provide services, especially between spread-out rural communities.
0 In order to fight excessive pollution from transportation, communities may want to
experiment locally with using natural gas or solar heat to power public vehicles or heat buildings.
0 Communities along the Front Range might work together to build high speed rail and ease
the bwden along the I-25 corridor.
0 To make housing more affordable, local and county governments might team up with the
private sector and pool mortgages to make interest rates substantially lower. Governments could also
contribute to paying off the pool. 0 Governments might work with the private sector and community colleges to provide people
with the skills to plan and build their own housing.
0 Communities might offer property tax relief to farmers and ranchers when they agree not to
subdivide or sell development rights, and then ask for reimbursement from the state or from a special
fund set up by the legislature for this purpose.
0 Counties might look into purchasing agricultural land and water rights, and then lease land
back to farmers.
0 Local governments could offer day-care as an incentive to get more members of the
community involved in the planning process.
0 Communities could use graduate students and other resources of the state university system
to assist with planning.
13
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GiTIDING PRINCIPLES
as revised by participants at the
Colorado Leadership Summit on Simart Growth and Development
To help kick o$'discussion at the Summit, Governor Romer offered twelve draft principles to spark
discussion about smart growth. During the first break-out session, Summit participants discussed and .
revised the principles. What follows reflects the results of those discussions.
This list of principles could be discussed and revised again at the regional meetings. They are meant
to be an aid for keeping the goals of the Summit participants in mind, and they should be as fluid as
the process of Smart Growth itself.
1) Our vision and the Drocess we take to get there should fullv develo.p the human potential of all our
citiz n We must strive to make ow communities places where all kids and adults can fully develop
their human capacities their minds and bodies. We should work together to ensure that strong
families and communities, as well as great educational opportunities, cultural resources, good jobs,
adequate food, clothing and health care are available for all of our citizens: Colorado communities
must sustain and enhance the lives of families and individuals today and for the future.
2) We need to enhance the quality of our place We must identify and emphasize both the physical
and' the human elements of our communities that are important to us. We must make our
communities more livable by keeping crime off our streets, making all our neighborhoods attractive,
protecting our natural resources and celebrating the magnificence of our setting. We atso must
cultivate an ethic of community, preserving towns and neighborhoods where we know and care for
each other, where we respect cultural and ethnic diversity and the value of the environment, and
where a child can grow up with a healthy body and healthy values.
3) At the local and regional level we should better coordinate growth planning with the provision of
sPrvices such as schools, water infrastructure and transnortation A more cooperative effort between
governments, communities and the private sector to make sure services accompany growth will
guarantee the provision of services for new development, avoid duplication and inefficient use of
services, allow for the fairer allocation of the cost of development, account for non-fiscal costs of
development, help encourage urban in-fill and discourage sprawl, and allow us to preserve cherished
areas we may not want to develop. Better coordination locally and regionally will also make it easier
to plan for the long-term, increase citizen participation and enhance our sense of community.
4) We need to eUand the o,p~ortunities such as better jobs education, housing and health care
that result from growth and help Coloradans take advantan of those o~~ortunities. Economic
development can and should bring many benefits to Colorado. Clearly, affordable housing, improved
education, better health and expanded job choices ought to be among the measurable results of
growth in Colorado. Just as clearly, gowth should generate increased cultural and recreational
opportunities for Colorado citizens. To the extent possible, smart growth must strengthen the
14 '
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identity of Colorado's diverse neighborhoods, communities and regions. We must empower local
governments to attract and help create "good" growth, and we must help Colorado residents
including low and moderate income residents receive the benefits resulting from growth.
5) We need to Arovide the structures so that we can effectively make the decisions that need to be
made within each communitv, rggion and the state. We must make decisions as locally as it is
possible for them to be effective. Therefore, we need to identify more ways to support regional and
local priorities while simultaneously assuring a positive response to the crucial statewide issues of air
quality, transportation, telecommunications, and water quality. We need to foster collaborative and
supportive relationships at every level of decision-making, by making governmental structures more
flexible, reducing institutional barriers to cooperation and input, creating more opportunities for
citizens to be involved, cultivating partnerships between different governments and the private and
non-profit sectors, empowering grass-roots activism, and taking into account overlapping areas of
commercial or ecological interests.
6) We must continuouslv reform our tax. revenue and regulatory framework. VVithout creating an
unpredictable regulatory environment, we must constantly rethink our tax and regulatory structure.
Fees, licenses, permits, regulations such as zoning, taxes and tax revenue, should encourage and
empower not impede state, regional and local efforts to provide services, as well as manage
resources and plan for infrastructure, telecommunications and land use. We also must encourage
non-regulatory approaches such as collaborative decision-making, facilitation and negotiation to
foster cooperation and dialogue among public, private sector and community groups regarding
growth initiatives.
7) We need to rn otect,. enhance and promote the value of our 12ublic lands. our open snaces_ our
natural resources, ow wildlife, our Rarks , our recreational opportunities and our historical facilities. .
We must take personal and community responsibility for ensuring that growth supports and facilitates
the pratection and enhancement of Colorado's public assets. They enrich our lives. We need to
cultivate improved relationships between state and federal land management and regulatory agencies,
regional and local governments, community groups and the private sector in order to preserve assets
that are valuable to our environment, our history and our communities.
8) We need to foster a sustainable agricultural economy_ Agricultural lands are not merely open
space. V+Ie must acknowledge the importance of Colorado's agriculture lands and communities to the
state's economy, as well as the benefits that go beyond the primary purpose of facros and ranches such
as aesthetics, cultural contributions and wildlife habitat. Development of a sustainable agricultural
economy should be given emphasis in state, regional and local growth strategies.
9) We need to arotect Colorado from pollution. The health of our citizens and our environment is
vital to our high quality of life and our economic strength. Individual citizens, community groups,
government and the private sector must collaborate to reduce and prevent pollution and protect and
conserve our natural resources, without disregarding local circumstances or disrespecting private
property rights. _
15
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10) We need to continue o develon economicallv. We need a business climate that fosters quality
jobs in stable or growing industries like telecommunications, promotes growth in areas that want it,
and that allows us to withstand boom and bust cycles. Smart growth is good business: long-range
planning can help strike a balance between Colorado's "haves" and "have-nots," achieve economic
diversity throughout the state and ensure a stable economy for many years into the future.
11) We must alwavs be canscious of the need for sustainabilitv. We must meet. the economic, social
and environmental demands of the present without compromising the ability of future generations to
meet their needs. We must also work to mitigate the problems related to past actions.
12) We need to foster a sustainable system of water mana eg ment, in terms of treatment_ storasze and
the regulation and deternunation of usa.ge Water is the most important resource in Colorado, as it
applies to growth and the environment. We also need to develop a conservation ethic as a state,
within communities and as individuals.
13) Smart growth must be an inclusive and coop.erative process. Direct citizen input at all levels of
decision-making is crucial to viable growth management. Education and information about all the
costs and benefits of growth as well as the needs and values of different communities around.the
state, must be available. We also must remember that the private and non-profit sectors can be very
effective partners with government, and planning decisions should be made with as much input,
support and collaboration as possible. This is a cooperative venture, so we should share data and
experiences, learn from each others' mistakes and share in each others' successes.
14) We all must be conscious of our rights and responsibilities as individuals Planning decisions
always must honor and respect private property rights and the need for compensaxion of all
individuals, including businesspeople, farmers and ranchers. At the same time, we all must take
responsibility for the impacts our private actions and decisions have on other individuals, communities .
or shared resources.
16
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MICHAEL LEWIS
i Wothing a coat of paint won't fix: The bars and bookstores and glitry eateri.es, at least, are ready to go
i ~ , troublesome to run as it was to build. Wary
I! It s H e re es are thinldng of taking their business
F n al y . elsewhere, leaving hapless Denverites to
foot the bill for their own hubris. "This isn't
; a white elephant," says critic Michael Boyd
A0Q'po8'tso Denver's boondoggle opens for business of Aviation Systems Research Corp., a
Denver-based company. "It's Audrey the
i; Plant: `Feed me. Feed me. Feed me'."
OVELS BY TOM CLANCY AND DANIELLE the 21st century, finally welcomes the pub- The DIAs excesses are not hard te~se d
Steel line the shelves of gift shops, lic this week-16 months behind schedule, even from a distan ce. The artfull y p
N unfingered, waiting to be read by idle $3 billion over budget and the butt of jokes on the 53 square miles of prairie northea~
travelers. Polished granite floors, imported from coast to coast.
y' from India and iiilaid with faux dinosaur If universal sighs of relief are not being of the city. No simple, square buildings
fossils, are as yet unscuffed by harried pas- heard in the Mile High City these days, here. The sci-fi theme continues inside,
sengers. Rows of monitors, lit and flashing, there is good reason. The troubles of the where a high-speed underground t=ain and
insist to an empty terminal that all planes sparkling new air hub may have just begun. a four-lane superhighway of moving side-
are "on time." Denver International Air- Critics call it a monument to civic booster- wallcs whisk passengers along to their
~ port, billed by its backers as an airport for ism run amok-and predict it will be as gates The DIA provides other travel neces-
~
; f ~ ~y w,~~ r e_ ' w ?,Tq "m
~ i
t Aircraft anll be}able to land sunulta 3 1
DenVer InternatiorialxY'at~Last~ ~
; N Termmal.
than eaz of cosy delay~Colorado s new ,r,~ kneoasly on tliree parallel iuna'?ys 99 ~ k , Wlth a~an'slucent
f ~After more ~d
rlir =e absene of crossmg .~4- ,
u
. ~ ~¢.$4:9;billion mter'nahonal`airport`isjsetto;open Feb~28 'At~{,~ h~ Y~,
re oduces chauce ofcollis~on ~^fiber s rooC th~teruunal _,j
~%~`53 s"'ti``~'are•miles;'it will lie~the largest ui North Amenca.3 ;houses hclcet counters 4~~~~ y
Y;S~~'~'>~r„m~pBY'1(tfl~a .TeS~i1L3YltS9PC~ty S}l0
i
p 4 ~ High=speedtram~ s:,~ ~L~
$arJ;IIl1lOR L~11tOITI8t8(I.G1~I1dQW3y *~:~,.tt€+
ta Transit System run`s'every x~yy~ i
~R#T~,~~ " , ~ r,.,_^~ ~ ~nunutes tthe one-mile nde from~'~,`'~'x' 3. ~ •
-'the teuunalto,Conco use C is
„45 gates for Umted expected to take five minutes ~~PedeStrfana~ ,
. ~ . u .
' ~Auluiesy Uarted A. ~valkwa
^ 7a~,.,,' iGa
• ~ C°,vz. „},~t. seco`nd .~esthu
I I' -0 ~ R i t;~ ,i~"x~ .yjF SGA ^f~ ~ w CIVA'/1. ~ ~ <yY ~'l ~•^ti..~P~ ~i'~~~~'S .g
~ Y2~"7~ ~~4 . ~d,~rc~.5 h.~~ ~r,~,-; c. ~..H, . E~" '~r~~f-'•!
~A..~""~'`"~,`'.?,x~yy~,~,j ydt~~~~ ~~t
Controi tower~g~~ Conc~o~rsa A
i 'x^- .t ~,u' x. w^~.. sy5~:1 , `
~32T:feet tall. }ll 8St
~ Y,ti.~: 22'gates for.;Co~itwentaT'"~
;xthe countcy,designed<~,~
~s°:;~tn,
LL C8R`St&
a''p°•,,~~.. MBagga$e h ndlig
~ ui s'evere weather.
t~ ~"~k.~, • ~ ' ~ ~ :M~e y"`~'~~~~ µv~ QUnited s luggage"willtiebarcoded
~ ; ~ ~ ;~;,K ~'t: ~ ~ -~.x. ~ ~ *~K ~ uted alonB~ a~f
IO
lly
1..~,I1.C8LL9 SllYUID8~1C8" ~
I I i d, „ r,.~~d„ ~ . M.~, .~'u't a?~~ ~ ^m • '``TS~p i~~~ ~ ~'~y~"~,y~P13C2fI
'ds foi*20 mile~~~~
~ j ' ;.:y ~ conveyor belts The sys'tem wui
coursesatsp e
co C`~-•:.'~ ! r
nc urse
than'the:conventional'~
gates for n~u6 cam
. •
U.SFu es~usefoinow i
~
~ q~r ~80UACE DBNVE ATTONALAIAPO&iOPPICE.DRONAOFIII. NL~WSW~C ~ 1'~,~.~. r1' ~ F '^S `i. ~:riL.t.Y:~~•~4.~n,.~L.~s (Y°r . ~j.`i.'~^~-+-' i . w~~.:•,.~r~~~r.a 1.^.v''~;Tm~e:;._ ` ~wr2''?~a~.._ '"v~'.^~~s1:.a.saS"~4'~^;::._,_.~.~
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sities as well: scores of upscale boutiques,
cactus gardens and, of course, a $7.5 million I art collection. As for the DINs notorious
Churn,Churn,Churn
i $232 million automated baggage system, it has only been half tamed. The good news is ¦ ~ ~
that it now manages to sort luggage rather than shred it. The bad news: it serves only T'' l You're United, and only outbound flights at that.
Everyone else gets stuck with old-fash-
ionedbaggagehandlers. life Insurance: When the juice gets squeeeeezed
' Self-styled urban visionaries, the DINs
supporters missed the big picture while fo- out, you may have to kiss your savings goodbye
.
cusing on details. The new airport is a 40-
minute ride from downtown (compared ~
with 20 minutes for Stapleton, Denver's BY JANE BRYANT QUINN
? serviceable but soon-to-be-mothballed old F YOU'RE TxuLY woaRrED
airport), and there are no hotels for miles about the decline of morality
around. The planners also ignored warn- in American life, take a look
ings about the locale. Critics said the soil at your lite-insurance policy.
was too unstable to support runways; in Two new scandals are under in- 4- - ~~r r 'I
fact, some have already cracked and had to vestigation, in California and Il- ~
be injected with industrial-strength glue. linois, that highlight an espe-
The land itself presented a delicate prob- cially nasty form of deception.
lem: it was sacred ground for the ancestors The "low cost" policies sold by • %of local Native American tribes, who pro- some agents could flame out-
tested until given permission to perform costing you your savings and
;ptu-ifying rites. Finally, there's the niggling your insurance coverage, too.
' question of money. The DIA was originally The deception du jour
supposed to cost $1.7 billion. But misman- involves "churning"-a con-
agement, untested technology and unrealis- temptible tactic that guts the
tic cost estunates pushed the final price savings you build up inside a
closer to $5 billion. traditional whole life policy.
: Fear of fares: Ultimately, travelers will Here's how it works. An agent
have to pay this inflated bill. Trouble is, calls and says, `Hey, I lmow a
there may be too few of them. Ten years ago way you can get more insurance
the Federal Aviation Administrati on pre- for little or no cost. When you
dicted that Denver would see 52 million die, your love d ones will be bet-
' passengers by 1995. The actual figure last ter off.' Sound good? You bet.
year was just 33 million. Such lower-than- But here's the catch. The new
expected demand has helped drive the policy actually does cost more- " PE''RC'':
DINs costs per passenger up to $16.50- a lot more. If you bite, the extra Sidelined: Crosby Engel blew the whistle at Met
- significantly higher than the $8 national av- cost will be subtracted from the
erage, or the $7 previously,charged at Sta- savings (lrnown as the "cash values") that lapse and the loans. But, she alleges, the
pleton. United Airlines, which will carry built up in your policy over the years. You local Pru office said not to worry-that was
about two thirds of the DINs traffic, has are actually taking a hidden loan against just "inside" paperwork; all the policies
responded by raising fares by $40. Other those savings-which churners, by the were OK. Carol thought they had $130;000
airlines are ballcing, though. American has way, call "juice." When the cash values are in coverage. But when Keith died of leuke-
; j; agreed to a month-to-month lease only. used up> your policy will lapse. Goodbye, mia last year, she was appalled to learn that
Continental now wants four gates, instead life-insurance savings. Goodbye. security she could collect only $22,000.
of the 20 that it contracted for. Low-cost for your spouse. Older people are special Prudential won't comment on this pend-
Southwest is shunning the DIA completely. targets, because that's where the money is. ing lawsuit. The Illinois Department of In-
For the cameras, city representatives No cost: No one lmows this better than surance is investigating Pru's sales in the
continue to speak optimistically. Aviadon Carol Nicholson of Alton, Ill., who has state. Former Pru agent Michael Weaver,
`r director Jun DeLong insists that the new joined in a lawsuit against the Prudential who used to work in. the Alton office, says
airport's "efficiency" will help the airlines Life Insurance Co. of America. For years, he saw forms for taking out loans against
make up whatever they lose in higher fees. her husband, Keith, had carried four Pru policies, signed in blank by clients who, like
i ~ But behind the scenes, Denver officialdom policies worth around $30,000. Then agent the Nicholsons, didn't know they were bor-
~ is getUng panicky. Already, Standard & Homer Gernigin sold him a new $100,000 sowing (what they signed were "disburse-
~ Poor's has downgraded the city's airport policy, which, the lawsuit alleges, was sup- ment" forms, which could pass as routine
bonds to junk status. And last week the city posed to cost nothing out of pocket. paperwork). Weaver says he complained
filed suit against Continental for breach of It didn't work that way. Unbeknown to about the churning back in 1991. Later he
contract. If Denver can't scare the airlines the Nicholsons, the lawsuit claims, they was fired for low sales production and has
into staying put, the city's taxpayers may be were borrowing against the cash value in just sued. Pru spokesperson Robert DeFil-
paying for their sleek 21st-century airport their old policies to pay for the new one. lippo says that Alton was being investigated
well into the next millennium. When the cash value was used up. the new before Weaver spoke up and that no loan
ESLIE KAUFMAN-ROSEN Wil}t Policy lapsed-something else Carol didn't forms were found there signed in blank.
L
; i Dnxie[. GLtc~: in Denver ~oW• The Nicholsons got notices about the In Los Banos, Calif., Joyce and Roland
4V NEWSWEEK MARCH 6, 1995 -
: .
. K e• ~tut~c,f,
ToWN oF vAiL ~ .
: Input/Inquiay Response Record
The attached comments were recently received by the Town of Vail. ae 'courage Vail
residents and guests to ;ive us such input and we striwe for timely responses. PLEASE
ADDRESS THESE COIVCERNS WTIHEN FIVE WORKIIVG DAYS A1VD RETURN THIS
COMPLETID FORM TO PANI BRANDNM'YER.
DEPARTMENT TO HANDLE INQUIlZY IINDNIDUAL TO HAiNDLE IlVQUIlZY (ItA
DATE TOV RECENID INPUT/INQUIlZY 3- k5
}
" TYPE OF INPUT / INOUIlZY:
PHONE CALL (indicate date)
LETTER (attached) V ~q~-1- X C ~ ~du,u,~,(, ~,~,g,~ {'ll-(,' ~frYU, ~1,( • ~
f~A
RESPONSE CARD (attached) ~ C2't`'`Q,Q~v ~D ~ ~
TYPE OF RESPONSE (check on,e):
LETTER (attach copy)
PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONSE OR ANSWEIZ T'O IlVOUIIZY:
' DATE OF RESPOIVSE FORM RETtJRNF.D BY DEPARTMENT TO 1'AM BRANDNIEYER:
A mpy of thiy inquiry and form will remain on 61e at Ne TOV Community Relations office. As soan as this focm is retumed to Psm
'Hrandmeyer, this inquiry will be wnsideced dosed.
• 'IHANFC YOU FOR YOUR'IIIvMY HAiWLIIVC OFTI-IIS ISSUE EF YOU HAVE AIVY QiJES110NS, PLEASH FEEL FREE TO COM'ACT
' PAM BRAiVDMEYER AT 479-2113.
. _ , . „
w: . : -
Verlag Finanz und Wirtschaft AG
MT
. Peggy Osterfoss
: Mayor of Vail
Vail Co., 81657
~ USA
ZuriCh, February 20th 1995
Dear Sear,
this year my wife an I together with four friends stayed for the third time in Vail. After two
times at the Lodge, we enjoyed this year to be two weeks at Pepis. You see, we like the resort
and aze doing good PR work, I think. But what we cannot understand is the following:
Every morning at aproxemately 6am we have been awaken due to heavy noise, created eather
by the snow plow or by the garbidge collection. Nobody can understand, why these activities
- have to happen at this time. I can not accept, suffering this noise when I stay in expensive
hotels (at the Lodge even the high priced rooms for more than $ 400 a day are facing the noisy
Streets).
At the Hotel Gramshammer you can experience an other pleasure: While the Gramshammers
invested quite some money in isolation work of their night club (so you do not hear it in the
rooms upstairs), the night club across the street (close to the bridge) makes a terrible noise
unti13 am! Other guests had the same complaints and said, they will not come again to Vail
with all that noise that could be avoided.
Let me just tell you that I would like to visit Vail again - and as the publisher of the largest
financial newspaper of Switzerland I would like to promote Vail even more upon my readership
and friends. But how can I do so, if I am not convinced about the convenience of the guests.
With my best regards I am
~
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Town og Nail
Sales Tax Estima4ion lMorltsheet
3/1/95
% Change % Change
1994 fiom from
M011th 1983 1984 1985 1986 1987 1888 1989 1990 1991 1992 1993 Budget Estimate Varlanee 1993 Budget
11
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• . s...u i.January 696,752 742,262 881,304 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,892,100 1,805,707 (86,393) -2.68% -4.57%
February 751,856 824,650 918.154 946,552 1,135,786 1,205,101 1,561.286 1,695,850 1,737,343 1,780,568 1,828,766 1,866,900 1,814,495 (52,405) -0.78% -2.81%
March 977,828 1,084,814 1.187,520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051.820 1,977,995 1,988,0901 2,030,900 2,250,656 219,756 13.2196 10.82%
April 319,546 481,204 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 883,000 794,668 (88,332) -8.06% -10.0096
May 156,588 166,200 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248I 264,900 287,315 22,415 11.69% 8.46%
June 257,744 262,696 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 479,300 548,820 69,520 15.50% 14.50°,6
July 407,474 406,462 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,5381 832,500 892,830 60,330 10.02°,6 7.25%
I
August 384,338 402,792 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,9541 845,200 891,566 46,366 7.9496 5.49°,6
September 324,670 384,864 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 567,600 725,205 157,605 29.38% 27.77%
October 198,614 206,248 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 403,700 408,405 4,705 1.97% 1.17%
I
November 281,704 310,588 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 ~ 555,000 594,491 39,491 7.37% 7.12°h
December 853100 906758 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,993,167 1,992,855 (312) 0.93% -0.0296
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Total 5,610,214 6,179,538 6,481,608 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718i12,614,267 13,007,013 392,746 4.93% 3.11%
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Tovun of Vail
Sales Tax Es4ienation NNorkshee4
3/9 /95
% Change % Cbange
1885 Bom dom
Nfl onth 1884 1985 1986 1887 1888 1889 1980 1D81 1882 1883 1994 Budget Estlmate Varianee 1984 Budpet
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January 742,262 881,304 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,869,600 1',885,120 15,520 4.40% 0.83%
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February 824,650 918,154 946,552 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,883,100
March 1,084,814 1,187,520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656, 2,326,900
I
A ril 481,204 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,6681 820,500
May 166,200 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 296,000
i
June 262,696 280,828 361,627 331,581 329,039 393,470 448,227 458,948 468,598 475,161 548,8201 564,900
Jul 406,462 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,8301. 928,100
i
August 402,792 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566~ 928,100
September 384,864 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,2051 753,200
;
October 206,248 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,4051 417,000
November 310,588 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,4911 605,300
December 906,758 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855I 2,057,702
, . , . ~ . ' .
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Total 6,179,538 6,481,608 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013113,450,402 1,885,120
x c: l;~-u,~.(
TOWN OF NNTURN
Box 309 (302 Pine Street)
-TOWNOF Minturn, Colorado 81645-0309
MIIN'II'URN 303-827-5645 Fax:827-5545
February 27, 1995
4 ~
Yhe Honorable Peggy Osterfoss
Mayor of Vail
P.O. Box
Vail, Colorado 81620 Dear fVlayor Osterfoss:
The Town of iViinturn has applied to the Rural Economic and Community
Development (RECD) for financial assistance to upgrade its water system. The
upgrade will consist of replacement of wood-stave 4ransmission/distribution lines
with ductile iron pipe, the construction of a water tank to a higher elevation and
construction of a pumping station at the water treatment plant.
In reviewing our application, RECD considered that this project would have a
potential impact to the floodplain of the Eagle River. Consequently we were
instructed to place the enclosed notice in a daily newspaper for three
consecutive days. Also, we are to send an individual copy of the notice to tocal
government entities and other interested or affected parties. The availability of
water service in the floodplain will be limited to only those existing structures and
those for which RECD, determines the locational impact is minor to the extent
that the floodplain's natural value and function are not affected.
If you have any comments, you should contact the RECD at the address given in
the attached Environmental Notice.
Bes ards,
Z-
Riichard M. angler
Town iVianager
ENVIROIYMENTAL NOTICE
The Rural Economic and Community pevelopment (formally Farmers Home ~
Administration) has received an application for financial assistance from the `
Town of Mintum. The specific elements of this proposed action are fo
construct improvements to the town's water system. The area to be served is (
the Town of Minfum: If approved, the proposal woutd haye a potential
impact to the floodplain of the Eagle River. -The location of the affected
0o atn esi nated
pl ' is d b Agency
: g y the Federal Emergency Management
floodway map.
This is to notify the existing landowners, who may wish to obtain town water
service. The availability of service in the floodplain will be limited to only
chose existing structures and those for which this agency determines the ~
locational impact is minor to the extent that the floodplain's natural value
and function are not affected. ~
. Any person interested in commenting on this application or the proposals ~
feasibility and altematives to it, may do so by providing such comments to this ='I
office within rhirry days following the date of this publication. Comments
should be direcced co:
Leroy W. Cruz
Director, Community and gusiness Programs
Rural Economic and Community Development
655 Parfet Street, Room E 100
Lakewood, CO 80215
~ This application and pro ~
posal are available for rediew at the agency's State
OfFice at the above address.
Vail Daily Tuesday, February 21, 1993~-Page 3'
; ' X C •
~G6 Ul~l c.
75 Soutb Frontage Rara Department of ublic Works/Transportw~t~
d~Qil, Colorado ~1657 ~
303-479-21 S8/FAX 303-479-1166
February 27, 1995
Mr. Don C. Byers
352 Beaver Dam Circle
Vail, CO 81657
Dear pon,
This letter is a follow-up to our recent meeting at the Chapel
Bridge regarding snow removal on Beaver Dam Road. I have discussed
with Jim Hoza, Street Superintendent, your concern with Town
employees pushing snow into Gore Creek. Although we will continue
to plow snow in each direction along Beaver Dam Road during our
routine snow removal operation, I have instructed our operators to
come back and remove rather tharl push the accumulated piles into
the creek. This will also be included as part of our snow/ice pack
cutting and removal operation as well. We will remove this
accumulated snow/ice following our normal established priorities,
which are outlined below:
#1 Village/LH Structures
#2 Village Core #3 Lionshead
#4 Outlying Areas
I like to think we are sensitive and responsive to your concerns
regarding Gore Creek and will continue to work with you in
protecting this natural resource. Please call me directly at 479-
2173 or Jim Hoza, Street Superintendent at 479-2165, if you have
any more concerns; questions or need clarification on our snow
removal procedures.
Sincerely,
~
LarryOE. Grafel, Director
Department of Public works/Transportation
cc: Jim Hoza, Street Superintendent
RfG'D FEB 0 9
DON C. BYERS
r 352 BEAVER DAM CIRCLE
VAlL, COLOiZADO 81657
PHONE 303-476-5534 FAX 303-476-8950
E-MAII : COMPUSEIZVE 71431, 527 CELLULAR 303-471-1911
FEBRUARY 6, 1995
MR. LARRY GRAFEL, I'UBLIC WORKS DIRECTOR TOWN OF VAIL
75 50UTH FRONTA6E IZOAD
VAI L, C0. 81657
DEAR LARKY, .
THANK YOU VERY MUCH FOP, MEETIN6 ME RECENTLY AT THE NEW BRIDGE.
I NOW UNDERSTAND THE REA50N FOP, THE CONSTRUCTION 516N5 THAT ARE IN PLACE ON VAIL IZOAD AND ON
BEAVER DAM ROAD. IT 15 UNFORTUNATE THAT THEY WERE 13E51DE THE STREET FOR SOME TWO MONTHS
BEFORE THE CONSTRUCTION PROJECT WA5 STARTED ON FOREST KOAD THAT MADE THEM NECE55ARY.
YOUR UNDE(ZSTANDING OF.MY CONCEIZN OVER THE PU5HIN6 OF SNOW OVER THE ED6E OF BEAVER DAM ROAD
INTO GORE CIZEEY: 15 APPRECIATED. YOU MAY REMEMBER IN OUR CONVERSATION THAT I TOLD YOU TH15 15
THE FIFTH WINTER I HAVE COMPLAINED TO THE TOWN OVER TH15 CONTINUED PRACTICE. YOU MAY AL50
REMEMBER THAT YOU AND I HAD THE EXAGT CONVEK5AT10N LAST WINTER BECAUSE TOWN EMPLOYEES WERE
DUMI'IN6 IN THE SAME AREA. THANK YOU FOP, AGREEING TO BRING IN A BACK HOE AND REMOVING THE
MATERIAL. I AM WONDERIN6 WHEN YOU PLAN t0 DO THE WORK BECAUSE WITH THE EARLY 5('RING THE
MATERIAL 15 ALREADY MELTING AND SLIDING DOWN INTd THE CREEK.
DO YOU THINK THEI(Z 15 A WAY THAT EMPLOYEES OF YOUR DEPARTMENT CAN BE DIRECTED NOT TO DO THE
SAME THING NEXT WINTER Z
YOU MAY THINK I AM ONLY INTERESTED IN GIVING YOU A BAD TIME ABOUT TH15 155UE. THAT 15 NOT THE CASE.
I HAVE F15HED GOKE CIZEEK FOR THE PAST THIRTY YEAIZS AND tJNDERSTAND THE VALUE OF TH15 RE50URCE.
WE SHOULD HAVE RE5PEC7 FOP, OUR'NATURAL RE50URCE5 Ahl": TREAT THEM ACCORDINGLY 50 THAT WE
CAN F15H GORE CREEK FOP, THE NEXT THIRTY YEARS. THANKS FOP, YOUR C001'ERATION.
I ' EL7Y,
. BYERS
X
TOV V lE1 O8 9 AIlL
a
Input/Inquiry Response Record
The attached comments were recently received by the Town of Vail. ViTe encourage Vail
residents and guests to give us such input and we stiive for fiimely gesponses. PLEASE
ADDRESS THESE CONCERIVS WITHIlV FIi1E WORKIhTG DAYS AiVD RETURN THIS
CONIPLETID FORM TO PA1VI BRAND1VtEYEIL
DEPARTMEl\iT TO- HANDLE INQUIIZY INDIVIDUAL TO HANDLE IlVQUIlZY
DATE TOV RECEIVID IlVPUT/INQtTIIZY 3"
TYPE OF INPUT/INOLTIIZY: PHONE CALL (indicate date)
LETTER (attached) W 1~~~-~'-d c
RESPONSE CARD (attached)
TYPE OF RESPONSE (check one):
LETTER (attach copy)
PHONE CALL (indicate date)
BRIEF SLJMMARY OF RESPONSE OR AIVSWER TO IlVOUIKY:
DATE OF RESPOIVSE FORM RETURIVID BY DEPARTMENT TO PANI BRAli1DMEyER;
A mpy of this inquiry and form will remain on file at the TOV Community Relations office. As soon as this foen is retumed to Pam
Brandmeyer, this inquiry will be considered dosed.
'IHANK YOU FOR YOUR TIMELY HAiVDLIIVC OF'II-IIS LCSLTE IF YOU HAVE ANY QUESIlONS, PLFASE FEEL FREE TO COM'ACI'
PAM BRANDMEYER AT 479-2113.
RECEIVED FE8 2 7 19";;
Peggy Krause 2614 Larkspur Lane
Vail, GO 81657
February 23, 1995
Vail Town Council Members
Town of Vail
75 S. Frontage Road
Va.il, CO 81657
Dear Council Members:
I would like to voice my opposition to the proposed leash law that you are considering. As
a home owner and dog owner in Vail, I believe this leash law to be extremely unreasonable
and unnecessary. It would punish the majority of responsible dog owners in Vail because
of the unfortunate incident in the Matterhom area.
Please review this matter very carefully before resorti.ng to such a drastic measure.
Sinc ly,
Peg
~
TONViV COUIVCIL COMMITTEE/TASK FORCE APPOINTMEfVTS
TO: Town Council (
FR: Pam Brandmeyer
DA: iViarch 1, 1995
RE: Committee/Task Force Appointments
This is a list of alt committees/task forces to which Council members have been appointed or for
which they have volunteered. It is my understanding that all assignments run to the next Regular
Municipal Election, fVovember 1995.
COMMITTEE/TASK FORCE COUNCIL MEMBERS
1. iVWCCOG Tom Steinberg
Sybill Navas, alternate
2. Vail Valley Tourism & Jan Strauch
& Convention Bureau Jim Shearer, alternate
(formerly VRA)
3. Vail Transportation and Sybill Navas
Parking Task Force Peggy Osterfoss
4. CAST Jim Shearer
Nlerv Lapin, alternate
5. VRD/Council Subcommittee Merv Lapin Ken Wilson
Paul Johnston Ross Davis
6. Art in Public Places Committee Jan Strauch
7. Special Events Committee Sybill Navas
8. Bravo! Colorado Board Merv Lapin
Sybil I IVavas
9. NWCCOG Water Quality/ Tom Steinberg
Quantity Committee Sybill Navas, apprentice
10. Avon-Beaver Creek-Vail Regional Peggy Osterfoss
Transportation Committee Tom Steinberg
11. Eagle County Recreation Merv Lapin
Authority Paul Johnston, afternate
12. Town of Vail Housing Authority Peggy Osterfoss
Jim Shearer, alternate
13. Channel 5 Board
14. VIP Quality Council Member Peggy Ostertoss
15. VIP Steering Committee Members Merv Lapin
Paul Johnston
16. Open Lands Committee Members Tom Steinberg
Peggy Osterfoss
17. Vail Valley Arts Council Jim Shearer
18. CAST - Colo. Tourism Advisory Jim Shearer
Board Council Iwero Lapin, alternate
19. West Vail Master Plan Peggy Osterfoss
(Vail Commons)
20. Mauri Mottingham Environmental Tom Steinberg
Award
21. Lodge at Vail Land Sw?ap Merv Lapin
Paul .Dohnston
Bob nAcLaurin
C:\TCAPPTS.LST
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Vol. I ~16 , No. ~9 ° February 25 and 26, 1995 • 25 Cents ' • . ~ ~ ' - ~ •
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Afli po1~~s hI.,Co.1'6*rid6--
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BYSeottCondon
Aspen Times Sta/f Wri(er.
.
_ 1's 10 a.m. on a weekday at Ihe Eaglc Couniy.biRpott~,~ti`
. and the place is deserted. ' .
The cavernous lerminal shows
two bored food-conassiori.workers 1'ry: to stny busy,;.:,
an X-Ray machinc security.guard'struggles•to'stand'al."
' attention and ihe ticket sellers at th6 four airline'couuteis~'• '
trade jokes. ' ' ' ' - • -
Outside,-only the roonotonous drone`oG,a N
' htional.?,
Guard hclicopter winding its'way towsrd Ih6 nprth ramp
givcs any indication the place'is'en,eiryort:,Therb;are.no,: '
big commerciaf~jels,and;o¢ly-a.few, privute~planeS sprio~'r;'~,`:~r,;~r
kled on'the tartnac.' i,. ' I"..s ;::cH;...,...~.. .•r,w;t'b•
Threchourslater=st:l'P.m.=thb,''aiYpoSthe's'been'-`
trans(ortned and bedlarti rules. Toarists'stream-like a steady;,^ ppp~~~ ~
army of ants from sleek jet aidiners tlf such majoi carriers
` N~~.~ ^ • ~
as American aod Della that haye suddenly'crowded tiielar-:
mac.
Aaxious fur-laden couples'6om places like'Minneapo=;?- -
~ lis, Chicago and,Dallas scurry'ihrough the teiminal to lhe
"baggagc barn," elbowing Weir way into the crowd linidg•~ ~
the single rnnveyor bclt ihat delivers luggage: • .
¦ contlnved on page 11,A . •
Tourisis stream out of ni+o of the direcY ~ hts ~~n uuo Ea ~ -
. 1r. 8
' Cawnty Airport onareantmomrrrg.,7FavisCaptertonpJ~otq'R~_~
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12-A The Aspeq rtmes a SaturdaySunday, February 2526, 1995 . . . . ' . . ~ ,
- •
. ~ . The Cover'Story . , . - . . . . ? contlnued Irom page 1-A established what is known in the airline airport. pull its subsidiary put of the state Jast year.
Outside the terminal, the scene is like the industry as a"fortress hub." An estimated 70 Denver's new av}wrt will spark additional Continental surrehdered Denver as a hub and
parking lot of Mile High Stadium after a' percent of the traffic passing through DIA demand for the convenience of direct tlights decreased flights through the city to a trickle
Broncos game. Tourisls scramble to find the will be tied to United. to mountain airports like Eagle County, he in 1994, while Continenlal Express folded
right van to take them to Vail, Beaver Creek Instead of trying to crack that fortress, air- said. The cost and hassle of passing tluough completely in the state.
and evcn Aspcn. Rental car companies do lines like American, Northwest and Delta are DIA, not to say lingering fears over its piob- ' Continental Express brought about 30,000
such a booming business lhat cars line mud- increasingly seeking to bypass DIA with lematical baggage-handling system, will spur passengers last year to one of the two airports
covered ficlds, whcre lraff c cops direct vchi- dircct service to lucrative markets like Fagle even greater demand to bypass Denver. serving Steamboat. The business community,
cles to and fro to try to salvage some sem- County, according to Rcynolds. Vail Associates' Tomcich believes that the specifically the Steamboat Ski and Resort
blance of ordec He projects that pas- greater distance of D[A from Denver and the Corp., made up for that loss by recruiting
Welcome to a typical senger boardings will ski slopes, compazed to Stapleton, will also additional direct service to the Yampa Valley
day at the airport scrving soar to 151,000 by the boost demand for direct flights. Skiers will Regional Airport.
Vail, Bcavcr Crcek, year 2000-ncarly Jou- apprcciate hopping on a nonstop Llight at Last yeay the two airports brought about
Breckenridge and, bling from this year's Fagle County Airport at the end of the'v trips 95,000 passengers to Steamboat. lfiis yeay
increasiagly, Aspen as level. rather lhan driving to DIA or having to trans- Yampa Valley Regional Airport.alone will
wcll. fer planes there. bring 90,000 passengers.
WiUi the cusUy and Eagle In bes4 paeltlon By the time they'd drive to Denver, Even as the beleaguered Continental finnl-
problem-plagued. Denvcr Numerous other aio- they'd be half-way aaoss die country;" said ized plans to retrcat from the slatc, it sWek a
International Airport ports serving Rocky Tomcich. deal with Steamboat's skiing company to add
(DIA) finally opening Mountain resorts are Vail Associates is just as bullish as airport daily se[vice to Yampa Valley &om Houslon.
next week - two years poised for growlh, thanks manager Reynolds about the future of the The magical •touch was a tact that nearly
late and two billion dol- to the Feb. 28 opening of facifity. About one-quarter of fimi's hundreds every resort is using these days - a finan-
lars over budget - busi- Demer InternaHonal Air- of thousands of out-of-state skiers who fly cial guarantee that Continenlal wotildn't lose
ncss is suddenly bullish for strategic regonal port, according to Michael Boyd, a Denver- into Colorado already fly into the Eagle money on the service.
airports such as Eaglc whose existence and area aiiline industry consultant who gained County Airport, according to Tomcich. The • '
growth could dramatically alter tradilional air national recognition as one of the earliest and company's goal is to get 45 percent to 50 Aspen•s misses 4!?a eu2
travcl pattcrns to Colorado's Western Slopes most vocal cri6cs of DIA. perccnt of its out-of-state skiers tlying into Aspen (Tidn't make Boyd's list of airports
resorts. "9t's no sccret lhat Eagle County Air- But of all those airporls, Eagle County's the Eagle County facility. that can beneEt from DIA. In fact, he said,
port is the fastest gowing airport in the state might be best positioned to capitalize on DIA has already played an adverse role in
right now," said E3ill Tomcich, air transporta- changes wrought by DIA, Boyd said. Other winners Aspen's air travel.
tion director for Vail Associates, the compa- "(DIA) may have a positive effect for Vail's airport isn't alone on Boyd's list of, "It's not a positive in any way, shape or
ny that operates the Vail, I3eaver Crcek and Eagle, with airlines that want to Ieapfrog poten6al winners &om the DIA situation. form," Boyd said. "Yodve already takcn a
Arrowhead ski arcas. Denver," said Boyd. "That aiWrt is probably My westem Colorado airport lhat is rela- hiL You lost Continental because of DIA."
goingnowhere butup." tively close to the ski resorts and has the 'Continental scaled back in Colorado
Five-year boom ' The airpoR is ideally located in the middle capability of drawing direct flights can use because it couldn't afford the costs of com-
In juat fivc ycars, E-igle AirpoR has gone of ski country - 30 minutes from the slopes DIA to its advantage, according to Boyd, pe6ng with Uniled at'DIA, Boyd explained.
from no schcdulcd commcrcial service to 15 of Vail and Beaver Creek, 90 minutes &om owner of a company called Aviation Systems Since the parcnt airlinc wouldn't fecd pas-
flights on ski scason Saturdays - mostly Aspen and Snowmass, and 90 minutes sengers into DenveS it had no need for Con-
dircct tlights on major airlines such as Amer- from the Summit County resorts. tinental Fxpress flights to destination resorts
ican, United, Delta and Northwest. The air- It has an 8,000-foot runway capable such as Aspen.
lincs fly in fmm citics as Car away as Miami of handling any size aircraft and faces °°Y0u °ve,already taieeea aheto Continental Express flew neady 44,000
awd as close as Dcmer on Boeing 727s, 737s substantially fewer geographic hiudles ' passengers into Aspen during the 1993-94
and even the mammodi 747s. than, say, the Aspen/Pitkin County or YOI&'IOst g°o011tifl@fltBl b@CaYI$e ski season.'Ihe a'vline pulled out completely
While the Eagle County AirporPs boom Telluride facilities, tucked as they are . : ' for Utis sld season. • is no secret, neithcr is its potential to gow in nartow valleys surrounded by high pf D1A,' ' The only remaining air carrier, United
even largcr - scrving resorts 90 miles in mountains with unpredictable, fast- .99 • Express, aims to increase its traffic into
eithcr dircction, (rom Aspen to E3reckenridgc changing weather conditions. - MiChQel BOyd, arr trabel consu[tant Aspen from 107,000 passengers last:season
- as well a5 Vail and Beaver Creck. Eagle also has a business commun- to 120,000 this season.
About 65,000 passengers boarded com- ity unified 'in support of deyelopment - Sirice Uuat is not enough to offxt the pas-
•.mercial aircraft at the airport last year,'pri- - led by Vail Associates, the Disney ' • senger lost 6ecause'of Continental, the
..'G•i:.r
marily duririg ski scason. Eagle,Coun,ty , Air- Cocp, of lhe,Rqckies - e'ven at the,,. ~Aspen„$kiing Co; and iesdrt associafions of
' ort.]~anager Dan.Ae nolds ro ects t~ie_.;cost of.bowu~ tld-airluie ~emands for 1;:~ JIH ~~tr:.~~,::~:,'~j,;.:,~, i;;uiu ~(•g~rSnowmas's~Villa e;aie also"to'-
Y, P J S"'v u bsa~e~.-~p~ . F, P.
'riilmber ivill inciease' 2A peicent this year to huge cash subsidies to guaiantee their • ' f"~'~ ~ ~ - n5o6ng the Eagle County Aiipoit as an alter-
78,000 passengers. services against losses. " 'nadve. Signs show it is worldng.
°Md I think they'll continue to climb," But maybe the biggest advantage of the Research Coip. Colby of the Vail-Beaver Geek Jet Centei
he said. He foresees the Eagle County aitpoR Eag1e County Aiiportwill be the opening of The Yampa Valley Regional Airport, .-.estimates 18 petcent to 22 percent of the'pas- ,
developing into a"mini-hub" that attracts a"v- DIA. . located 23 miles west of Steamboa! Springs, sengers passing through that facility Uus ski
lines that want to avoid DIA, its exorbitant •''"What's goi'ng to' happeri with' DIA? IPs fits the bill. 'Ihe a'uline pull's in dimct flights '"season aPe bound for Aspen'and Snowmass. '
landing fces and wstly competitive batNes going to drive people here in droves;' pre- frotn'major U.S.'ci6es on Northwest; Ameri- ~,`Colby, who sfates ciearly lhat he wants W
,with dominant Unitcd Airlines. dicted Craig Colby, general manager of the can, United and, oddly enough, CootinentaL ' promote the use of the facility his fum oper-
United has driven Fron6cr and Continen- Vail-Beaver Creek Jet Centeti a private com- Steamboat was in danger of being huit as 'ates,'befieves Aspen and Snowmass V'illage
tal out of Denver over the last 12 yeacs.and pany that opeiates the teiminal'at'lhe public badly as Aspen by Continental's decision to ¦contlnoedonlbllowlrW page
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, Saturday.Sunday, Fe6ruary 25-26, .1995 -.The Aspen Times 13-A- - ' .
. . . : . - - _
, , . . • . ' ^ ' . . ,.v/T~ _ 1'
. . . ' . , Thew
. .
~ cond^ued fimn Previous Pa6'e Aspen's amount of passenger traffic late pullou4 Reynolcls said. •'could fall1quickly behind the times in the a'v-
would be better off joining the efforts of makes it the third busiest in Colorado, behind , No airline is comfortable.promoting ski line industry without adding to the 7,000-
Vail-area busincsses to promote air travel only Stapleton and Colorado Springs. 'season traffc into a place like Aspen unless it' foot-long runway.
through the Eagle County Airport. That The Eagle County Airport, despite its has a minimum of about six months before "You probably have to do it, otherwi'se
regional effort would pay the biggest divi- boom, just isdt big enough to handle the the season starts to market, according to your airport is called Eagle," Boyd said.
dends, he claimed. combined traffic of Aspen and Vail, Reynolds. His old employer diddt announce "Extend that runway in Aspen or you're not
Vail Associates has the pcople in place to Reynolds said. About 40 percent of Eagle its decision until July. ' going ro have the commercial service you
work with the airlines and the facility' doesn't County's passenger traffic passes through the need."
face Aspeds problems of bringing in the aitport on Saturdays. In Aspen, the figure is Aspen axpanslon proneotep Eagle County Airport Manager Dan
most popular large aircratt lhat the airlines even more drastic. While the Sldco has promoted the Eagle Reynolds, no relation to Aspen's Bill, said he
use for direct flights. II would be difficult to build an airport , County AirpoR as an alternafive, it is also the doesn't see that Aspen has much choice but
"We have air carriers that talk to us every with the infrastruchue large enough to handle primary proponent of the expansion of the to work ou drawing other airlines to the
weck about wming in here," Colby said. those pcaks days, according to Reynolds. Pilkin County airport. PiUtin County Airport. '
"ney sky's the limit, to coin a ptuase." Eagle County and the Vail-Beaver Creek Jet The Skico has hiied a Washington, D.C., tIe believes,that Aspen, and S4oWmass
Colby said his company would be as Centcr are already close to pushing their lawyer and lobbyis2 to help determine fiow Yllage are drawing about all Uie passengers
eager to work with the Aspen Skiing Co. and facility's capacity, at times. they can through the Eagle County Airport.
Roaring Fork Vallcy businesses a5 it is wilh Size, or lack of it, also plagues the '"I would not bet the farm that this airport is
the Vail Vallc busincsscs.
Y only othcr reasonably closc airport ,,;u going to have a siguficant impact at Aspen,"
"Wc are not just a Vail airport," Colby with a long enough runway to be an Reynolds said.:~ •
said. "We have no loyalty to say we're 100 alternative for Aspen, according to =c' ~,t • ,
percent bound to Vail:" Aspeds Reynolds. The Rifle airport Altematlves to Wnvee
hoses flights bound for Aspen when, the arilless.,pf how Aspen answers the
$kepUcs ebourd weather gets bad here. ';',politiral question of runway lenglh, it could
The Skico has worked with Vail Associ- However, that airport has only limit- ` still add service, several western Colorado
ates to market the Pagle County Airport and ed facilities because it has no sched- a'v travel experts agreecl.
has taken an unprecedenled cooperative uled commercial service. The runway Bill Reynolds said he believes Aspen will
move to chip in financial pledges for a sum- can handle nearly every size of aitrraft, . ~ recruit at least one and maybe two airlines by
mer airline-subsidy program. but olher facilities, like Aspen's tertni- "z next ski season. One will likely be a small
However, other business operators in the nal, are lacking. The' airport receives carrier operafing between Aspen azid Denvey
Aspen area have proven more skeptipl about litde federal funding because of the supplemen6ng United Express. '
attracting "our" tourists to "their" airport. lack of passenger tratfic. But the other could be a major airline pro-
Airline induslry consullant Boyd cautions vi ding service from a hub othcr than D'enver.
Aspcn on rclying loo much on the Gaglc Beefing up the Asypen alrporQ "I don't think ullimately it has to be Dcn-
County facility for the simple rcason of com- Reynolds believes Pitkin County ver° that supplies all the skiers, he said.
pe6tion. - and local businesses would be bettet r
Diversity from destinations could be.bencfi-
"Yodre two distinct resorts," Boyd said. off making changes here to accommo- cial. ' "Vail's Republican, Aspen's Democrat. date direct flights than relying on any $oyd said tinding an altetnative hub to
Somcwhere amund Dasalt is wherc the line potential regional facility, as is often ' Demcr is the right direction for Aspen. "ne
is." advised by those who do not want to
idea that you have'to be wedded to Denver
Bill Reynolds, Continental Express' for- see more and bigger jets crowding with an umbilical cbrd is wmng," he"said.
mer manager in Aspen and now a rnnsultant Aspcds blue skics. Technological advances in Ihe'airline
for the Skico and resort associations of At the Ieast, hc said, Pitkin County `industry mean it is just'a matter;of time
Aspen :uid Snowmass Villagc, also advises and local businesses have to guard befo're'aitlines'find some type of ciaR thnt
that Aspeds first priority should be its own against a further erosion of the existing can both handle the Pitldn County qi.rpoR's '
. service. "I think that threat is always TO°~g~ l~ ft $i~ ~~Ya ~K dellvett?~g in and handle long flights; he said:' •
Reynolds notes that although Aspen's oul there because of the nature of busi- luggage at the Eagle County , AlrporYs ~For ezample,_he recemly:was giveti a rid'e
passenger.Uaffic is down this ski season and ness;' he said. "baggage bam." Seott Cotxlon photo: ~in'a 50-passengeti'Swedish=made, Saab 2000
Eagle County Airporl is on the fast track to Whilb Eagle County has'a definite huboProPrapableof.~ying~directly'toAspen
growth, there are still significanNy more pas- advantage of offering direct flights from best to obtain funding from 'the FAA for frotn cities like Los Angelcs, Dallas-Ft.
scngcrs flying into PiUcin County. ' major ciHes across the country, Aspen has thb acquiring equipment for inslrument landing Worlh and maybe (hicago.
Nearly 31,000 passengers boarded United advantage of offering an airport within 15 approaches, widgning and'strengthening the ' The turboprop could make the'trip'to
Express, flights in •Aspen during,January. minutes from most passengers' destination. runway.and, ~
posbly„Icngt~ening it as well. Aspen just as fast as the BAE-146 that Unit-
That was about 30 percent more than the That pmximity makes the Aspen airport The aounty commissioners have worked ed Fxpress tlies direcUy Cmm Chicago and
21,792 passengers that boarded the tlights of popular with passengers. Themfore, it's pop- with the Skico for the special satellite landing used ro fly from Los Angeles. and pallas,
four major airlines at Eagle County for the ' ular with airlines. "°nere's definitely, a maz- equipment;- called-Global,Positioning Sys- aocordingtoBoyd.;
month• : ket here. People want to come. to Aspen," .tem, end the ai[porCwidening. , •.r ~ •:°This, isdt.an airplane, it's a~ rocket,"
For the entire ski season, United antici- Rcynoldssaid. , . Dut the commissioners re6uffed Skico 'Boyd sqid.,"My, fust;thought,was,;hutl Uhat
pates about 120,000 passenger boardings, or Reynolds is heading efforls by, the, Skico efforts this week to try to snare FAA fwtds to plane to Aspen.", ; - . •s!
about 42,000 more than Eagle County Air- and resort as.sociations to draw other poten- lengthen the runway. Hearings mast first be • Whether it is the Saab or some other alter-
Port• tial air cartiers to Aspen..Fnding a replace- held to see if that is what the public waots, native, Aspen's, Reynolds believes; the resort
"It's important ro recognize the size dif- ment for Con6nental Expfess for this sld sea- the commissioners decided. `i will find some way. to, survive. the.a~t travel
ference behvicen the airports," Reynolds said. son was impossible because of. the airline's Boyd believes the Pitkin County, Aiiport ' hurdles it faces.
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When it comes to leverage, even the U.S. junk bond
artists couid learn a trick or two from FranQois Pinault,
. a French financial artist whom the home folks call
,.1...
Capitafist
y .
iF•CR~;..
Oi1 Capital
W..it
5.~1'dc1
~a
By Ellie Winninghoff `
MENTION THE NAME Fran~ois Pinault s
in California business circles and all
you will get is a shrug. Mention the _R
name around the Paris Bourse and
almost anyone Nvill respond, "Ah! le
, ~ T ' ~sz..~:: •
capitaliste sans capitaux," the capital-
ist without capital.
~ s
x ~
The capitalist-N+ithout-capital could , ~
have a lot riding on the decision of a
California court. This 58-year-old
Frenchman controls Pinault-Prin-
temps-Redoute (sales, $18 billion), a
retail octopus of 70,000 employees -
that operates under such names as
FNnC and Prisunic and sells everything Printemps store
I. from electronics to cosmetics. He The Paris landmark ques Chirac, former conservauve
. hopes soon to control a lot of famous every 4ouris4 knows. prime minister, now candidate for
U.S. names as well. Last year he ~ president. A former hendlman is
bought SO% of Aurora National Life right-hand man to socialist Michel
~ Assurance Co. of Los Angeles, the Executive Life's fornler policyholders Rocard. Pinault's business adviser is
;I reincarnated Executive Life Insur- ,vill go after the bonds themselves, the Alain 112inc, eminence grise to Prime
ance Co. T,,vo years ago he bought assets they're turned into or the prof- Minister Edouard Balladur.
~ about half of Executive Life's junk its generated by them, The vnerican financial types who
b.ond portfolio from a subsidiary of It has recently become clear that built empires on junk bond financing
the government-owned bank Credit Fran~ois Pinault is die major money- have nothing to teacli Fran~ois Pi-
1! Lyonnais. In Execuuve Life's portfo- man behind Leon Black, the onetime nault. VVhen Leon Black Nvas looking
. lio rested control of such quintessen- Drexel Burnham Lambert underling for backers he did not have to do a lot
tially American companies as Flor- who has risen to ,vealth and power of explaining to Pinault. Many of the
sheim shoes, Samsonite luggage, amidst the ruins of the Drexel Burn- junk bonds in Executive Life's portfo-
~ ~ Converse sneakers, Vail Mountain re- ham empire. He is the largest limited lio defaulted during the artificially
i' sort, Chi-Chi's restaurant and more. partner in the Black partnerships that induced junk bond u-isis of 1989 and
i The California Court of Appeal is managed the junk bonds and now 1990 and later Nvere converted into
about to decide whether to rescind would have claim on the assets that controlling equity. stakes in compa-
I` what may well be the greatest financial stood behind some of the junk bonds. nies ~N.-ith sales of over $20 billion.
' coup of the decade: the 1991 "auc- If he is unl:nown in the U.S., Pi- These Nvere mostly good companies.
tion" of Executive Life Insurance nault is very much part of the tiglit They defaulted simply because they
Co.'s $6 billion junk bond portfolio little group that runs France. "He is Nvere overleveraged or were unable to
to junk bond vulture Leon Black and an outsider, but he works Nvitli the roll over maturing debt.
his client, Altus Finance, a subsidiary establishment aiid is protected by it," Pinault lcnows all there is to know
of Credit Lyonnais (see FoP-BES, Mar. says French shareholder acuvist Co- about leverage. At 16, he quit school
14, 1994). If that sale is undone, lette Neuville. One close friend: Jac- to log trees for his father's sawmill in
i 46 Forbes a February 27, 1995
i
'a . . 1
• I
entire deal. TNvo or three months after ~
. „ • he took control, he sold a cFAO sub- ~
sidiary for about $590 million. Li
~1.4 ' DecemUer 1990 he sold CFAo's chic i
doNvnto\N?n Paris headquarters-to
Credit Lyonnais-for $250 million.
i
rIn April 1991 Pinault bought Confor-
ama (1991 sales, $1.4 billion), a hoine
rt ~ P funushings chain. Price, $870 million.
tq, Again, a paper transaction.
g conlom-
~
he retaihn
Teat Frize: d g
~
~ r
erate and department store chain
Printemps (1991 sales, $7 billion).
After winning over-and later fir-
$ ing-its chief executive, he bought
+
the controlling block of stock, but he
engineered the deal so he did not have
u to meet the requirements of French
L", law when acquiring control. This
saved him from having to buy the
wllole company. But he still had to
buy rivo-dlirds, so he s,,vapped Con-
+r' . forama for two-thirds of Printemps. It
Nvas virtually a no-cash deal and one
~that left a lot of unhappy Printemps
shareholders. Every time Pinault
made a deal die minoriry shareholders
seenied to come out with less market
value than they Nvent in %vith.
The deal also left Printemps deeply
~indebted. In 1989 Pinault Group .
oxved $76 million; in 1992, after he
merged it -,vith Printemps, it oNved
$3.2 billion. Hence the neNv utle:
Fran~ois Pinault F Y capitalist without capital.
Brittany. After his father died, he His takeover 4eehniques have left Pinault-Printemps, as the merged
decided he could make more money unhappy shareholders. company was called, suffered dwin-
dling profit margins in the early
trading ,vood than producing it. Dur- MMEM
1990s, and the debt became difficult
M.s,. ing the recessionary Sevenues, Pinault
built a wood empire by picking up production and distribution save for to carry. In 1993 Pinault began ump-
;g 130 small and medium-size business- owiung the forest. Pinault was called ing assets. But dhe prize outfit, 54%-
es and outlets for virtually ROTI1111g, "le roi du bois," the l:ing of wood. owned La Redoute, dle Printemps
y` mostly in bankruptcy court. He soon became a l:ing of leverage, subsidiary, (revenues, $3.2 billial),
~ In 1985 French bankruptcy court but instead of using junk bonds to get ,vas throwing offgoUs of cash. Should
was avulture's paradise-as it became assets Nvith paying cash, he used stock. he sell that? No, way• It ,vould be
a few years later in the U.S. after the Compagiue Fran~aise de 1'Afrique Oc- smarter to find away to consolidate it
>>'L;
colla se of Dreael Burnham. A cidentale (1989 revenues, $3.6 bil- on Pinault-Printemps' books. Wit h
change in French law had made it lion) "'as a trading company with roots just another 41 % of the stock he coul
p
easier to take over busted companies in Frendl colonialism. Betiween 1959 do this under French aw.
j" at a fixed price regardless ofdleir debt. and 1990 he acquired a durd of the Lacking cash to make a tender, e simpl j= Pinault leaped, staging nwo coups that company. Under French ld at that Redo}u e srs a hthe olders P nlaultg-Prin-
broug ht him fame and notorie ry in called a blocking minorin, ,
- France. In 1986 lie paid one syinbolic time, once you had it you Nvere obligat- temps stoc k. T he s hare exchan ge
franc for die equity of Isoroy (sales, ed to bid for another third. But Pinault would depend partly on relauve mar-
s: $270 million), France's dominant but didn't bid. He merged the trading ket prices. At this point a very conve-
y bankrupt pl}nkood manufacturer. He company ~vith lus\vood business. nient tlung happened for Pinault.
:o turned Isoroy around in six months. When the dust cleared Pinault had During the five Nveeks prior to the
Another big deal.followed; both ul- grabbed the remaining nwo-thirds of inerger announcement, Redoute's
W volved poliucal savlg-pulling• By eFno for about 20% more than dhe first shares dropped 15%-despite good re-
ol 1988, when Pinault Group went pub- dlird he had bought. Without any sults and a rising stock market. More
lic, it was inv o l v e d in all phases ofivood cash. In fact, he netted cash fi-orri the luck: During the previous four
in
. 47
95 Forbes o February 27, 1995
3.'.
f,
. .
Fran~ois Pinault
'v
. ' a ...x "~t'S.. *`"~'5:.~"^g':: M
~~y :~`'~'Cre1dt ~~s- ~ Forest ~ Frangois , ~
~ Lyonnais ~ Products Pinault , o
reIla° ~o~S° ~p goard of directors: International ` & chiidren " ~
Ceedi4 Lyonnais, ; Frangois Pinault
Frangois Pinault , ~ -
and Leon BlacEc
A,t~''%~'':?"'~.~v-~.~~~,'~"'
FinanciereYPinault1 : - '
are closely F'?2-
Board , ,
in4eeCOnnec4ed. ~yonn isof directors. -
The exac4 • _ Credit Lyonnais Chairman Jean Peyrelevade' .
. I
eelationship I
is haed to nail
dovun and often X,' ,~-4-
'y
changes.
Artemis (investments inassets with sales of $40-bilUon plus)
I• ' I I I I
SO~ vve~SO o ° ~O o _ _ - 10D~o • ;
~ Aurora Leon~Biack's~ r, Leon Btack''s : f.. Proault: , Chateau
' 3 Printemps. Latour
Nationallafe" Partnerships`~' Apollo;•:~ ; . _
`n~ ~ Real Estate ` Redoute x Assuiance Co., With stakes m--.~ ~ ,
s = `Formerly ,r~°:' U.S. companies'; -$18 billion ,
i.Executive Life" with over $20'; (revenues) ,-3
Insurance Cos. billion in sales',
~ Assets:
$4.8 billion
'Les Documents d'iniormation, Assemblee Nationale. 'A December 1992 Pinault-Printemps financial documeni.
~.s 'Crazy Lyonnais, by tric Leser, Calmann-Levy, 1995. `Estimated.
mond-is, Pinault-Printemps' share So, there's no inystery Nvhy this also owns Pinault's 41% of Pinault-
price rose 47%--despite poor results. consummate manipulator of capital Printemp-Redoute.
The outcome Nvas a share exchange structures should be entranced by the Are you, the reader, somewhat con-
that Nvas, to put it mildly, most satis- possibilities inherent in the old Exec- fused at this point? That's probably
factory for Fran4ois Pinault. French utive Life junk bond portfolio. what Blaclc, Pinault and the folks at
securiries regulators at the Commis- FORsES has raised manv questions Credit Lyonnais hope for. Maybe the
sion des Operations de Bourse (cos) about d1e wisdom aiid even the legality courts and regulators Nvill be con-
launched an investigation into the of the transfer of d-ie Executive Life fiised, too.
convenient coincidence, but in De- junk bonds to L.eon Black and lus What is Pinault's relationship w it11
cember it said it had found no evi- pu-uier, a subsidiary of Credit Lyon- Credit Lyonnais? Good question.
dence of wrongdoing. nais. Among other things, under U.S. The bank is SO%-owned b}, the French
The French have lots of reason to law, baiiks may not own or control government, but it clearly has a high
~ be cynical about their government, industrial compa?ues. Before the auc- regard for Fran~ois Pinault. "Credit
and the Nvay mergers Nvork in France uon took place, Leon Black had to Lyonnais and Pinault have a family
gives them more reason. The court promise the Federal Reserve his part- relationship," a promuient French at-
appoints merger eommissioners to ner Nvould comply with these laws. torney explains delicately. "It's hard to
analyze and bless valuation of the nwo With die sale of about half the assets to know who's the father, whds the son,
~ companies and come up with a fair Pinault's companv the follo,,«ng year, -who's dhe brodler, who's die nephe\v.
parity benween them. Pinault chose that promise seemingly was kept. It is completely ulterconnected."
the court's supposedly independent Or was it% True to his sobriquet as Yes, indeed. Last year, saddled with
commissioners, and provided them capitalist-without-capital, Pinault bad loans and requiring government
with the data they analyzed in coming borrowed the purchase price fi•om the cash infusions, the bank appointed
to dieir decision. By law, Pinault-Prui- same bank that did the selling, Credit Pinault-reportedly ale of its top
temps also paid them. L}'onnais. The purchase lifted Pi- three debtocs-to its board.
Redoute's board included three di- nault's debt, which is divided benN,een This much is clear: All these Frenclz
rectors who also served on Pinault- dhe new holding company created to folks be mighry disappointed if
Printemps' board. Conflict of inter- buy the bonds and Pinault-Printemps, the California court undoes dze Exec-
est? By V.S. standards, yes; here the to a towering $5 billion. Credit Lyon- utive Life auction. To the extent that
duplicate lioard members would have nais, meanwliile, remains a partner in profits fi-om Executive Life don't bail
abstained from voting on the merger. d-ie company Nvith dle assets. This is a out Credit L}'onnais, the French tax-
No such scruples exist in France. holding company named Artemis; it payer may have to. ~
48 Forbes o February 27, 1995
~
~
, . a... . .
. .
46 B A R R O N' S • ; February.l3, 1995 i
00i ~•f~'~~...~~~~' y~. l
-.=y-.S
v~' IIG'
m~~
RTLO ~ • , B -
by Barry Vinocur
Steve Roth9s 1"roperry Company Takes 'Dig Stake
In Alexander9s9 the Old Store Ch~~ PP---r-
MONC REAGESTATE VET- between Citibank and Roth say Lhat the roughly lu cents nextyear, 23 cents in'97 Thoughstoriescontlictsomewhat,appar-
erans, SLeven ftoth, chairman deal is a better one for the New Ym•k bank and 30 ceuts in '98." O[ cow•se, he adds, enUy no one objectsd tlat out But once
and chief executive oCGcer of Lhau it might appear. I'irst, it cements a there is some risk involved. "These are Cohen's appointrnent was announced, Ava-
Vm•nado Realty Trust, is relationship between Citibank and Roth. development deals so this isn't the same loiis shares. nosedivecl and Michaux and
widely regarded as a brilliant t,actician and Second, and perhaps more important, thing as going out and buying fully leased Berman found themselves attempLing dam-
a very Lough negoLiator wiLh a Midas Citibank would have been harrl pressed to centers,° he explains. age control. Accorcling to several reporls,
Louch. Since engineering 6he takeover of find another buyer given Roth's already Sam Lieber, who oversees invest- Cohen was given the opporlunity to wiUi-
Uhe then-banluvpt 'Itvo Guys discount well-staked-out role in Alexander's: Roth ments in real-estate stocks for Lhe Pur- draw, but decGned. Michaux and Bennan
chain in 1980, Roth has buitt Vornado into and his partners in a company called chase, N.Y.-based Evergreen Funds, and again sought advice fmm majar sharehold-
one of country's largest and most success- InleistaLe Propertics own 27.2% of Alex- whose cmnpany holcls roughly a L% slake eis and were advised 6hat they should ride
ful real-esLate companies. For the lhree-, ander's. in Nexander's, says the transaction is also out Uie stonn.
five- and 10-year periods ended Jan. 31, Steve Brown, who follows Vornado for a good deal for Alexander's shareholders. But last week the Street was buzzing
Vornado posted average annual tot,al ra Cohen & Steers Capital Management, a "I've been waiting tor this to happen for about a company retreat held by Avalon in
turns of 27.9%, 33.7% and 28.9%, respec- New York-based money manager that llie Iast couple of years," he declares. Vail, Colo. According Lo a variety of accoun6s,
tively. The average equity, or property- ranks among Vornado's largest sharehold- llown the road, Lieber says, he expects a good 6une was had by all who attendecl,
owning, RCIT posted reLw•ns of 10.74'0, ers, says lhe deal is a very good one for Alexander's to be merged into Vornado. including a number of securities analysfs.
8.3% and 8.1%, respectively; the btroader several reasons. rirst, it puts some of The rub was that Lhougli it was.billed as an '
stock market, as measured by the Stan- Vornado's considerable stockpile of cash educational event, several institutional inves-
dard & Poor's 500-Stock Index, returned Lo wm•k at a signitcanLly highcr yield. ~ Lors who own the com~kvny's stock said Lhey
7.8~0, ]0.89'o and 13.8%. Second, by infusing cash into tllexander's, One Cotnpany s didn't beGeve a slri weekend in Vail was an
Even in the past 12 months (again, it better positions Alexander's to pay off appropriate use of shareholders' money.
en(led Jan. 31), Vornado returned 62%, iLs debts to creditois, who it,c?Uae Vor- Vail of Tears Defenders of management say that most of
versus a minus 2.1% for the National nada Third, the Alexander's deal will add the weekend's expenses were picked up by
Association of Rcal Est,al,e Lrvestment lo Vornado's [unds from operaliuns (the . o nvnLnN PROPI:RrIL•'s, A IttG uonRD- t}Wd part,ia, including the company's lead
Trvsts' EquiLy RLIT Index, and 0.57%tor RLIT industry equivalent of earnings), lisled ItliIT specializing in ap:uimenl prop- invesUuent banker, PaineWebber. $ut one
the5&Pu00. This year alone, he adds, Vornado might eities in the Northeast, has one of the complaintantsaidthatAvalonwenttoofarin
No surprise, then, that when Vornado add as much as 10 cenls per share. industxys best balance sheels and a re- picking up Lhe tab Cors4d instrvctois.
converted to a RCIT in May 1993, there Mike IGrby, a principal with Green specled seiuor management team, Richai•d Said one investor: "Whether or not
was no shortage of inveslors for the S6reel Advisors in Newport Beach, Calif., Michaux and Charles Berrnan. Buf, the two Avalon picked up the tab or a variety oCthird
accompanying offering of 5.2 million a Grm that provides research on property- have had a rough 1995 so fu. parties, the image of a bunch of executives
shares at $35.50 apicce. It also cotnes as no relaLed stocks to institutious, agrees the Last monLh, Avalon announced it had havuig a retreat in Vail when the company is
shock that the market accords Vornado move is a good one for Vornado's share- nvned PeLer A. Cohen, Lhe fonner chief postiiig less-than-stellar operating resulLs
one of the highcst mulliples among compa- holdcrF. "Vornado's growLh was etarting execid.ive officer of Shealson Lchman isii 6 lhe soit of image thnt compmiies ougliL
rable REI'1's. Lo slow," says I{irby. "'I'his gives lhe 13roLhcis, W its bo:u•d. Micliauxancl I3ennan tobeaenclingl.oshareholdem."
The most recent bit of good news for company a nice shot in the arm." Like were wai-ned that the nomination of Cohen,
Vornaclo shareholders came last week, Brown, Kirby believes the Alexander's who was porLrayed unflatteringly in the DTIIE GAME OF MUSICAL CIWRS M10NG
when the company announced plans to deal will add to Vornado's FPO: "We still book Ba.r6arian3 aE t/te Gale, might run inLo REIT analysts contonues. In a move that ha.c
enLer inlo a serics of transaclious wilh have some work lo do, bul i6 looks as i( the opposition. So, Michaux called some sh:ure- some on Wall Slreet acratshing Uieir he:id.4,
Alexander's, a retail chain Lhat shuL its deal will add seven cents Co rF0 this year, holdeis Lo.uk Uieir opinion. A. Richard Moore Jr., who until recenUy was
doors aud Gled for banlu•uptcy in 1992. one of lhe key players on Goldman Sachs's
Uuder the deal's terms, Vornado will real-cstate investment banking team, has
provide Alexander's with up to $75 million switched haLs. Moore has joined David
o( secured financing for a ttiree-year term Kostin, who recently went W Goldman Sachs
at 14%. With that debt in place, Alexan- L Yl H1t from Salomon Brothers, as one of the fu~n's
der's would be able to get another $110 ~f ~o.*. REIT analysts. Generally, bankers eaim
millimi in 6nancing, probably via securi- much more Lhan analysts. Ken Statz, who
tized financing. Those funds would enable joined GolcLnan Saclis from Chancellor Capi-
Alexander's to develop the seven sites that tal Management, where he ran a real-eslate
previously housed Alexandei's. _ securiLies porFf'oGo, has lett Goldman and is
In a separate but related transaction, ~ nmiored to be consideting taldng a post
Vornado, which already holds a'L.3% stake numing a rcal-esLate fimd for Porlland,
in Alexander's, would Uuy Lhe 27.1% stake Ore: based Crabbe Iiuson. Jay Willoughby,
in Alexander's (1,353,968 shares) now who had been the fwid's porUoGo maiiager,
owned by Citibank and obtained as part of recenUy lett to join Boston-based Aldrich
thc 1992 bailout of developer Dmiald Castrnaii & Waltch, a pension-fund adviser
Trwnp. Finally, AICX:OIfICI''9 Said it would SpCCClI17.10g III CCBI CSlalc. Mennwhilc, I3ivcc
convcrl I.o a HL1'1' Lhis yc:r. Is'bnoLlier, who had been SmiLli B:u•ncy's
Vurnado will pay $90.50 for each RG1T analyst, has Icft and Smith Barney is
Alexandcr's sharc. Late last week, the ~ searchingfor a new REIT analysL
company's shares were changing hands at g On another front, the New York-based
GO'/a. Sow•ces close to the negol,iations ~ 0'Connor Croup, which manages clirect
~ property investment for institutional clients,
BARRY V[NOCUR ie editor-in-chie[ of ~ is considering starl.ing up a real-estate
Realty Stock Review, published in "}ou said I toas izo Patil Nezuncait wlaen. / was 35, wken I was 40, ~ securities fund and has been tallring with
Shrevyebury, N.J.,.., , when / zuas 50, when / was GO...atad you're still saying iG pptential candidates to run the fund. ? ;
i
, . ..n• . . , . . . . . . . . . , .e... .
. • . . . . . . ' . . . , 1•r'. ' .
1
~
aa
e4
TO WW OF VAIL
75 South Frontage Road
Vail, Colorado 81657
303-479-21 DO
FAX 303-479-2157
MED9A ADVISORl(
March 1, 1995
Contact: Suzanne Silverthorn
Community Information Office
479-2115
VAO~ ~OWR! C0UNC8L H9G9iLEGHTS FOR FEBRUd4Rl( 28
Work Sessuoov Bruefs
Council members present: Johnston, Lapin, Navas, Steinberg, Strauch
--PEC Report
During a staff report on the Feb. 27 Planning and Environmental Commission (PEC)
meeting, Council members were updated on PEC approval of "The Ruins" project at
1325 Westhaven Drive in Cascade Village. The project will include 16 deed-res4ricted
employee housing units interspersed among 14 free market condominium units. An
ordinance amending the Cascade Village Special Development District (SDD) is
required to allow for completion of the project. The Council will con'sider the ordinance
for first reading at its iVlarch 21 meeting. For more information, contact Andy Knudtsen
in fhe Community Development Department at 479-2138.
--Summer Air Program
Kent iVieyers and Bill Tomcich from Vail Associates told Council members the plug was
being pulled on the summer air program due to the inability to raise the $700,000 local
subsidy required by American Airlines. Meyers cited several reasons for the shortfall:
a tight deadline to raise the funds and philosophical differences in commitment to the
program. fVieyers challenged the Council to take a leadership position in helping to make the service happen next year.
--Information Update
Town iVianager Bob McLaurin said a candidate for director of the Community
Development Department had been scheduled for an interview on March 3.
Flowers have been sent to Marge Reynolds (wife of Avon Mayor Buz Reynolds, who
wras seriously injured in a car accident), to Avon Councilman John Hazard (who is
hospitalized) and to Aurthur Daily in Aspen (who lost three family members during a
freak accident in the Glenwood Canyon). The Daily's were returning from a hockey
game in Vail when the accident occurred.
(more)
Council.Highlights/Add 1
--Council Reports
Sybill Navas said the Special Events Committee had met again to discuss the Celtic
Festival to be held in Vail this September. She said event producers have asked for
$65,000 from the Committee, which is $25,000 more than the organization's 1995 budget. Council members asked if the Vail Valley Foundation might be able to assist with the event. In-kind services from the town also have been requested. Sponsors.
say the event may draw as many as 40,000 spectators. However, the sponsors have
said additional resources are needed to move forward with the event.
--The Council authorized Merv Lapin, Paul Johnston and Bob McLaurin to serve on a
subcommittee to begin discussions with the Lodge at Vail, Vail Associates and U.S.
Forest Service to explore the feasibility of using land behind the lodge for creation of a
. skier services area and a new underground loading and delivery facility to serve
businesses in the Village. For more information, contact McLaurin at 479-2105.
--The Council awarded a$2 million bid to Neoplan USA Corporation of Lamar, Colo.,
for the purchase of eight replacement buses for the in-town shuttle. The 40-foot-long,
low-floor buses will allow skiers to bring their equipment onto the bus and will therefore
reduce the time it takes to load and unload. A three-door feature also will increase
capacity along the route. In addition, the low-floor model will enable skiers to board
more easily (without having to climb steps). Delivery will occur in 12 months. A bid
protest from the second low bidder was denied by the Council at the advice of Town
Attorney Tom Moorhead. Funding for the buses comes from the town's 1995 capital
. equipment budget.
Meanwhile, a$1 million grant from the Federal Transit Administration for approximately
five buses to be shared between the Town of Vail and Taos, N.M., will be released
soon following completion of the necessary application forms. Delivery will occur in
1997. The federal grant will be matched with $200,000 from the Town of Vail. The town intends to use the new buses during the winter and lease them them to Taos in
the summer. Vail currently has a fleet of 34 buses. For more information, contact
Public Works Director Larry Grafel at 479-2173 or Transit Manager Mike Rose
# # #
~e
e~
TOWN OF VAIL
75 South Frontage Road Deparnnent of Comnruniry Development
!/ail, Colorado 81657 •
303-479-21381479-2139
FAX 303-479-2452
February 28, 1995 -
Howard H. Torgove
1020 15th Street, Suite 302
Denver, CO 80202
RE: Golden Peak redevelopment plan
Dear Mr. Torgove:
Mike Mollica, Acting Director of Community Development, has asked me to respond to your
letter dated February 4, 1995, regarding the proposed Golden Peak redevelopment plan. I
have reviewed your recent correspondence to Vail Associates, in which you outline the design
concerns that the Northwoods Condominiums Association has, regarding the proposed Golden
Peak reoevelopment plan. To date, Vail Associates has not submitted a formal application to
our office for their proposed Golden Peak redevelopment. We have, however, had several
preliminary meetings with Vail Associates' design team and appreciate being made aware of
neighborhood concerns regarding the plan at a very early stage in the planning process. As
you requested, ! will add your name to the list of adjacent properry owners and other
interested parties who wish to be notified of any public meeting in which the redevelopment
plan is the topic of discussion.
Since I will be the project planner charged with handling the proposed redevelopment project,
I would recommend that any future questions or comments be made directly to me. I can be
reached at the address listed below and my office telephone number is (303) 479-2138.
Sincerely,
~
Jim Curnutte Senior Planner
Vail Community Development Department
75 South Frontage Road West
Vail, CO 81657
xc: Peggy Osterfoss, Mayor
Vail Town Council members
Tom Moorhead, Town Attorney
Mike Mollica, Acting Director of Community Development
\
~'e4 TOWN OF ~AIL
75 South Frontage Road
Vai1, Colorado 81657
303-479-2100
FAX 303-479-2157 .
F0R I MMEDBATE RELEASE
March 1, 1995 .
Contact: Russell Forrest, 479-2138
Senior Environmental Planner
NEW e4WARD RECOGVVBZES LOCAL EIVVIRONIVIENTA?L PRACTICES
NOMBNATIONS D19E APFt9L 24
(Vail)--Nominations are being accepted for a new environmental award created by the .
Town of Vail in partnership with Vail Associates, Vail Board of Realtors, Vail Valley
Niedical Center, Public Service Company and We Recycle. The Mauri Nottingham
. Environmenta/ Quality Award will be presented annually to recognize outstanding
actions or programs that protect the valley's environment.
Examples might include energy or water conservation; waste reduction or recycling;
conversion of dirty burning fireplaces; carpooling programs or use of alternative forms
of transportation; volunteer work for environmental projects; environmental education
programs; or habitat improvement, among others.
Nominations are due April 24 for the 1995 award. There are three categories:
individual, corporate and student (ages 5-18).
To nominate a person or business, simply write a brief letter containing the following
information: name and address of nominee; your name and phone number; brief
description of the action or project; and a description of the demonstrated benefits of
the project or action. Nominees need not be located. within the Town of Vail, so long as
(more)
Environmental Nominations/Add 1
the program or action has produced an environmental benefit within the Vail Valley.
An award committee will review the nominations and select the winners. Each
category winner will receive a plaque and town-wide recognition at an award ceremony
in May. Names of award recipients also will be placed on a permanent plaque in the
Vail Municipal Complex. Individual and student award winners will be eligible for prizes
such as a Vail Associates ski pass, electric lawn mower and a recreation pass from the
Vail Recreation District. The corporate winner will earn the distinction of environmental
business of the year.
The Mauri Nottingham Environmental Quality Award is named for the executive
director of the local recycling program. Russell Forrest, the town's senior
environmental planner and award coordinator, says Nottingham's personal initiative
has created one of the most successful recycling programs in the state. The We
Recycle program won the Colorado Recycler of the Year award in 1991 and 1992.
If you have questions about the award or would like to make a nomination, please
contact Forrest in the Town of Vail Community Development Office.at 479-2138.
# # #
16 ddveRiser, Lafayette, La., F., February 17, 1995 '
~ ' ~°avel
"~i~~c,•~ ~z~~'
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ti
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Mountain Plus Tickets, which doors, two of Vail's better
can be used for snowmobiling hotels offer world-famous spas:
4„ r",,' ~ - and snowshoeing, as well as the Vail Athletic Club, a 38-
skiing at Vail, Beaver Creek room hotel in the heart of town,
and Arrowhead.
Snowmobile with Pine and the Lodge and Spa at
Y Cordillera, a 28-room hideaway
River Ranch's half- or full{lay overlooldng Vail Valley.
safari, foll-
owing guides up pine In addition to outdoor and
°"y~~. lined mountain trails, throu h
. . ; . : _
the wilderness of White River s p a a c t i v i t i e s, t h e r e' s a mp l e
' National Forest. Each safari, shopping and gallery hopping.
- ` limited to 10 snowmobiles, tra- Centrally located for easy tour-
verses open fields covered by ing, some two dozen galleries
fresh powder, slides down steep extubit fine paintings and sculp-
. slopes and takes thrill-seeker ture, ethnic crafts and
. turns. Longer safaris stop at a Amzrican Indian art.
rustic ranch house for refresh-
ments or lunch. 0
Snowmobiling safaris, also
available to independent travel- IF YOU GO: Vail is about
ers must be booked in advance. 120 miles from Denver.
By Jennifer Merin In fact, until recently, many riences very little annual Helmets, boots and snowsuits Colorado Mountain Express
non-slders felt frozen out of all growth, so the resorts look for are provided. provides shuttle service, $49 per
VAIL Colo. (AP) - Snow activities. other mountain sports and Snowshoeing has become a person each way, from the air-
fa ea y ough the night, No more. amenities to attract guests who popular alternative to cross- port to hotels. There are free
blanketing the slopes with sev- °Ski resorts have created don't ski or are beginners. country skiing. It requires little shuttle buses within Vail,
eral feet of fresh powder. well-rounded winter vacation Some resorts even allow pre- training or skill, provides an geaver Creek and Arrowhead.
When morning comes, skiers experiences for non-skiers," paid lift tickets to be exchanged invigoratmg workout and is a pr, rent an economy car at the
are up early and ready to test says Kelly Ladyga, speaking for for other attractions on a per- lot of fun. Mountain Plus airport for $93 per week, unlim-
the trails. But non-skiing family Colorado Ski Country USA, an day basis. Vail Associates, pio- Tickets cover snowshoe use, ited mileage for drivers over 25,
and friends may see the new association of 25 ski resorts. neers in the area of diverse guided tours and lunch atop
snow as a bane, not a blessing. She says Alpine skiing expe- activity programming, issues Arrowhead Mountain or at from Dollaz R.ent-A-Car.
lower altitudes. Snowshces also Lodging in the Vail-Beaver
~ ' : Ff•,~`~ 4 ~i~"~~ k~`Avx Creek area ranges from about
may be rented at most Vail
4 $140 to $430 Per ni ht, double
g
~
Y~ hotels. In sunny or snowy accuPancY. Adult Mountain
q weather, snowshoers crunch
xr~~, c ` ~ • ° • along quiet, well-groomed Plus Tickets, through Vail
trails, stopping often to admire Central Reservations, cost $172
'~N ~-~x ¢ ~ ~ • ' the view or rest. Moonlight for four days, $205 for five days,
`~~';;~x , - s,• walks are a current pleaser. $230 for six days or 837 per day
So are moonlight sleigh for seven-plus days. Less for
rides, which must be booked children under 12.
through Beaver Creek's
: ~ ~ ~t _ * ~ Activities Desk. The ride to Vail Central Reservations:
Beano's Cabin, a restaurant
(800) 525-2257
high on the mountain at Beaver Vail Athletic Club: .
!:o. „ Creek, is a 20-minute adventure (800) 8224754
in an open sleigh - drawn by
engine power, not horsepower Lodge and Spa at Cordillera:
- with sing-alongs and tales of (gpp) 548_2721
' the Wild West en route. At the For information or bookin of
cabin, a restaurant with roaring gs
.si - _ fire and picture windows, enjoy snowmobile or snowshce tours:
a five-course dinner, about $70 Vail Activities Desk
r* per person depending on entree. (303) 476-9090 or Beaver Creek
Several dozen restaurants Activities Desk (303) 949-9090
and saloons in Vail and Beaver For information on non-ski
Creek, offering a variety of activities at other Colorado ski
international cuisines and ambi- resorts, call (800) COLORADO
- ence, make dining a big part of
•s., , the Vail experience. Ask about Purgatory and
' For guests who don't want to Breckenridge, which feature
venture - or adventure - out- extensive non-ski activities.
I
4VAILi
TOW~I O75 South Frontage Road Office of the Mayor
Yail, Colorado 81657
303-479-2100
FAX 303-479-2157
February 28, 1995
Dr. Herb Wertheim
191 Leucadendra Drive
Coral Gables, FL 33156
Dear Dr. Wertheim: ' .
I wanted to take this opportunity to follow-up on your letter several weeks ago cor.cerr_ing a
performing arts center. I have discussed this matter with my calleagues on the Vail Town Council and
we are MOST interested in pursuing this cancept. We agree with your comments made at the Citizen
of the Year award that, given the 1999 Championships it would be appropriate to target the
construction of a performing arts center before the '99 Championships.
Please give me a call at 303/476-5531 so that we can discuss tiiis in more detail. We look fo-ward to
working with you on this effort and to having this facility completed prior to the 1999 VVcrld Alpine
Ski Championships.
Si rely, ~ !L V , ^I
TOWN OF VAIL
u
Merv Lapin
Mayor Pro-Tem
MIJaw
xc: Vail Town Council
Printed by Anne Wright 3/02/95 3:27pm
From: Anne Wright
To: Pam Brandmeyer
Subject: fwd: Mrs. Reynolds
===NOTE====------=====3/02/95==3:17pm==
is in stable condi,tion, but still in
ttie critical care unit _ they ask tYiat
no flowers be sent wYiile she is in
critical care. Patty to update.
Fwd=by:=Pam=Brandmeye=3/02/95==3:25pm==
Fwd to: Anne Wright
Please copy tYiis fox' the Council
packet_ I believe they would be
interested in your Updates. Thanlcs.
Page: 1
RECEIVED flAR 21495 n c~ CMARCH 1995 ~
-TIONS:
A Q . .d. City d County Govemmental Officials
More collections anticipated through No need t
new pecial Events project o
Keeping track of special events in your azea can be a difficult task. You want to give informarion reinven° " x
about tax collection to event organizers and vendors, but you're not sure how to obtain the forms ~ 0
and publications needed. DOR has solved this problem by centralizing responsibilities with a ~
Special Events Coordinator, Pa4ricea Calderon.
Ca:deron educates special events orga.tizers and vendors on tax laws, rates and tax xemittance BuB~~~~~
requirements. .
Additionally, she serves as liaison between the Department of Revenue and local jurisdictions
both to increase state collection of sales tazes and to ensure local receipt of those taxes. Cities and counties for which the state
During the fust two months of this new project, an additional $157,000 has been collected from collects tax ue reminded to reference Col-
special events throughout the state. orado statutory provisions regazding sales
By working closely with local governments, DOR ezpects to uncover more special events where and use tax as they write ordinances or
tazes are not properly collected and reported and to increase voluntary compliance. resolutions.
For more information, contact Patricia Calderon, (303) 866-5643, or by FAX, (303) 866-2265. For sales tax, see "Contents of sales tax
ordinances and provisions," §29-2-105
r 35e- _ _ _ _ _ _ _ _ , C.R.S. For use tax, refer to "Contents of
I ~ NORtracks ve h 6 cO es use tax ordinances and proposals," §29-2-
I lncome Uax season I 109 C.R.S.
I I registered ir~ otf~er Insomepreviousinstances,thedepart-
toll-fe ~e 8 e ment has noticed that certain statutory re-
~ ~ I states c2m quirements are missing in city ordinances
I or county resolutions. These omissions
I I DOR has created a special Discovery Unit could be avoided by checking the statutory
I I focusing ezclusively on enforcing state sales provisions and checking for amendments
tax and motor vehicle regis~ahon require- to statutes. Amendments aze included in
~ r~ ments. One of the unit's fust projects was the back of the state statutes books.
~ DOR has toll- ma[ching vehicle regis~ations in Oregon with Reviewing the state statutes before writ-
~ free inCOme tax ~ the filing of full-yeaz Colorado resident in- ing the ordinance or resolution will save
come tazes. Oregon has no sales tax and its time and will make the provisions easier to
~ phone lines avail- ~ vehicle registration fee is $10 every two yeazs. identify and interpret.
~ ablenow tlroughApri117,1995 forthe ~ VNith the help of ihe Oregon Motor Vehicle Additionally, local governments are
I convenience of residents outside the ~ Division, DOR obtained names of people with urged to state cleazly thata change reflects
I Denver metro area. Calls are answered I Oregon license plates who have Colorado ad- a tax increase or that a tax rate is replaced
I in the DOR general information center ~ dresses. by another rate. With use taz, ordinances
~ in Denver. ~ Neaziy 150full-yearColaradoresidentswere or resolutions should clearly state that the
~ Phone lines are available for resi- ~ found to have registered vehicles in Oregon. tax applies to motor and other vehicles or
~ dents in the following cides: ' I DOR mailed leuers to these individuals ex- construction and building materials or both.
plaining they must register their vehicles in the Remember to notify the Colorado De-
I? ~oloe'a~o ~~t'flggs, (919) ~9~-693~ i COUnty in which they live. DOR also notified partment of Revenue in writing 45 days or
the counties where these individuals live so more prior to the July or January effective
I/ PuebGo, (919) 542•9924 I that local taxes could be pursued. Taz assess- date of any new tax rates or tax changes.
I~1 1Fop'k Cmllins, (303) 495-Il908 ~ ments totalling more than $117,000 have been
I~1 ~'na'and lumetion, (303) 242-2210 I issued. In one incident, an individual owed Ciry & Counly Connecfans is published queRerly
$5,765 on an RV, not including penalty and and mafW to city and oounry govemmental officrak.
Questions end oommants em weloome and shouW trs
Persons calling from other areas in ~ interest. senrro: cayaCounryconnecr,-,s, cado,sdopepem,wr
~ Colorado may dial 1-800-240-0247. ~ As rips accumulate about plates from other o/Revenue, Raom24z 7375Shemm St, Demer, CO.
states, DOR will ask those states for vehicle ~1
~ These eemporary lines are in addition to ~ Executive Eddor, norotny n.qurst
registration information. For more informa-
I the Denver area number, (303) 534- ~ tion about this and other Discovery Unit Produaion, 7enJSLiringstar
~ 1209, which is available year-round. ~
L pro~~~ contact IPat Malloy, (303) 866-2434.
------------J
. . ~
Businesses elect mer,nbers
IV uu
for new tourism board Publi ations
The Colorado Tourism and Travel Authority (CTTA) has been established to assist businesses
'
e' romotin Colorado as a travel and tourist destinahon. 'Ihe new or
in th mdustry in p g ganization is
not a government agency, but instead will be run by businesses that benefit from Colorado
tourism. Types of businesses eligible to participate in CT'TA aze food and beverage; accommo- q'he following publications may be obtained
dations, transportation, attracrions and recreation. by mailing your order to the State Forms Cen-
Businesses recenfly voted for siz industry representatives to serve one yeaz terms on a board of ter, 4200 Garfield St, Denver, CO 80216-
d'uectors. The newly elected board members are: Sam Arnold, owner of the Fort Restaurant, 6517. If you have questions, call the Forms
Denver, Sallie Clark, owner of Holden House-1902 Bed & Breakfast Inn, Colorado Springs; Center at (303) 321-4164. A$2.50 shipping
Dennis Dean, vice president of the Pueblo Convention and Visitors Council; Jenny Fjtt-Peaster, chazge must accompany each order.
ezective d'uector of the Colorado Agency for Campgrounds, Cabins & Lodges, Inc., Boulder, Bob Colorado Business Tax Statutes and Regu-
Fosfer, Jr., owner of Lost Valley Ranch, Sedalia; and Pete Meersman, execurive director of the kdioRS, Jan. 1,1995. New publication cover-
Colorado Restaurant Association, Denver. • ing sales, fuel and ezcise taxes. Tezt and indez
A list of the top siz candidates in each of the five business categories has been submitted to Gov. included. Revised annually. Replaces previ-
Roy Romer, who will appoint 15 additional board members. The.21-member board will meet in ous sales and ezcise tax regulations books and
March to determine how it will raise promotional funds from businesses. For more information supplements. Price: $15.00. Commodity.num-
about CTTA, call (303) 770-3736. ber: 615-82-61-4121. The book is also avail-
able on diskette. Ptice: $350. Commodity
New Colorado emissions testing number:205-71-61-2959.
Colorado Inconte Tax Statutes and Regula-
tions, Jan.1,1995. New publication covering
u nd e rway in Denver m etro are a ~OOme and withholding tax. Tezt and indez
included. Revised annually. Replaces previ-
ous income and wi4hholding tax regulations
' books and supplements. Price: $12.50. Com-
Motorists whose vehicles aze 1982 and newer and aze registered in the siz-county Denver modity number. 615-82-60-6200. The book is
metro azea (Adams, Arapahoe, Boulder, Denver, Douglas and Jefferson counties) are required also available on diskette. Price: $3.50. Com-
to go to designated emissions testing centers every two years to get their vehicles inspected. modity number. 205-71-60-1952.
The test fee is $24.25 for a two-yeaz sticker. The following publication is available by
Test centers aze open Monday through Friday, 7:30 am. to 7:30 p.m. and Saturdays, 8 a.m. calling the DOR Forms Hotline, (303) 534-
to 1 p.m. Stations are least crowded between 10 a.m. and 3 p.m. Tesrir?g sites open now aze: lqpg;
O Arvada, 5185 N. Mazshall St. ColoradoSales/UseTaxRates, 01195(DRP
O Aurora,12042 E. 30th Ave. 1002). Updated January 1 andJuly 1; rates and
O Aurora,10190 E. Warren Ave. exemption information for state-collected city
and county sales tazes. Lists sales tax license
O Broomfield,11609 Teller St. fees for self-administered citiss. Also lists
• Castle Rock, 541 Topeka Way rates and telephone numbers for home rule
O Commerce City, 5000 E. 62nd Ave. cities, tax rates for the Regional Transportation
District, Scientific and Cultural Facilities Dis-
O Golden, 15335 W. 44th Ave. trict and Metropolitan Baseball Stadium Dis-
O Highlands Ranch, 8494 S. Colorado Blvd. trict.
O Ken Caryl, 10727 Centennial Rd.
O Northglenn, 1950E. 112thAve. MOtOr VehICIG NOteS
D Parker, 10199 Park Glenn Way
Q Sheridan, 2802 W. Mansfield Ave.
A center in Denver is due to open by April l. Stations in Boulder and Longmont will be open Sales tax is usually due on a leased
by 7uly 1. vehicle that is traded in before the lease
Emissions sitckers issued last yeaz indicate the month and yeaz drivers must have their ezpires. N0lmelly, SaleS taxeS are pr0-
vehicles tested. County registration renewal cazds and emissions stickers will indicate when 1'ated and paid aS part of eaCh mont}11y
tests are due. leasing payment. However, when the
• 1982 and newer vehicles must be tested every other year. Vehicles with odd-number party leasing the vehicle decides to trade
modelyears(1993,1991,1989,1987,1985,1983)muscbetestedin1995. Vehicles with even- in the vehicle before the lease period
number model years (1994, 1992, 1990, 1988,1986, 1984, 1982) must be tested in 1996. ends, any charge paid by the party to
• New vehicles purchased Oct 1, 1994 and after are ezempt from testing for the first close the lease is subject to sales tax.
four years or until a change of ownership. S81es tax is also due on any payments
• 1981 model yeaz and older vehicles must be tested each year. Fee os $15.
For more informarion about testing locations for older vehicles or to get informarion about made for vehicle damage or excessive
the Air Care Colorado program, call 1-800-910-5544. ~eaSe.
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TUWN OF VAIL
75 South Frontage Road Office of Town Attorney
Vail, Colorado 81657
303-479-21071FAX 303-479-2157
1Vlarch 1, 1995
Bev and Jon Meyers
Post Office Box 32338
3635 Old Court Road, Suite 207
Baltimore, 1VID 21208-8338
Dear 1VIr. and 1VIrs. 1Vleyers:
Your correspondence of February 10, 1995, to Ms. Brandmeyer has been referred to me fo: response.
There is no ordinance within the Town of Vail 1Vlunicipal Code that addresses what is in yonr mind
"promotion of obscenity."
The Colorado Revised Statutes address obscenity in Title 18, Article 7, Part 1. The display wh=ch you
have described at the Rucksack Store on Bridge Street, while offensive to many, does not r:se to that
level of conduct sufficient to be regulated by government pursuant to obscenity or other Iaws.
The only effective approach is to advise the retailer of your feelings and suggest to others that they
not patronize establishments which conduct their businesses in a fashion that is not acceptable to you.
While I am certain that you were hoping for a response that would indicate that there was some
government intervention that could effectively rid our community of such tastelessness, that is aot the
case. Government and regulatory agencies of the government, be it the State of Colorado, the County of Eagle, or the Town of Vail, are very limited in what can be done in issues such as you have
described.
I am providing a copy of your letter and my response to the Rucksack Store so that they will be
advised of the seriousness of your feelings in this regard. Thank you for your time in brir.a ng this
matter to our attention.
Very truly yours,
TOWN OF VAIL
A
R. Thomas Moorhead
Town Attorney
RTM/aw
xc: Rucksack Store
; • ~u.r.~;,,~~ '
r
TOWN OF VAIL
:Input/Inquiry Response Record ~b
f e~--J
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 timeIy responses. PLEASE
ADDRESS THESE CONCERNS WITHV FIVE WORTQNG DAYS AND R,ETLTRN THIS
. CONIl'LETED FORM TO PAM BRANDMEYEIL
DEPARTMEiN'I' TO HAiNDLE INQUIlZY
-
INDNIDUAL TO HANDLE INQUIIZY
DATE TOV RECENID IlVPUT/INQUIlZY d~7' ~15
TYPE OF IlVPUT/INOUIRY:
PHONE CALL (indicate date)
LETTER (attached)
RESPONSE CARD (attached) rt~G~ Wt~o-( . ~[~i~t~.~-0 •
~
TYPE OF RESPONSE (check one,):
LETTER (attach copy)
PHONE CALL (indicate date)
BRIEF SUNLMARY OF RESPONSE OR ANSWER TO IIVOUIRY:
DATE OF RESPONSE FORNI RETURNID BY DEPARTMENT TO PAM BRANDMEYER
A copy of this inquiry and form will remain on 61e at the TOV Community Rela6ons office. As soon as this form is crtumed to Pam
Brandmeyer, this inquiry will be considered dosed.
THANK YOU FOR YOUR TIMELY HAiNDCINC OF'IHIS LS.SUE IF YOU HAVE ANY QUESRONS, PLEASE FEF.I, FREE'rp COMACT
PAN( BRANDMEYFR AT 479-2113.
q
3
1
~ P.O. BOX 32338
SUg'H'E 207 -
3635 O]LiD COgJ][YY' I80ApD
]BA]L'd'gMORE, MABdXLA1VD 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
tho Quoy;y ch; rt w?c, "Tt' s Otlr h2St 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 have five graridchildren doing the
same. We are now wondering if we made the right decision to stay
here. Is Vail still a family resort?
r;
4
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~
4Y
Ms. Pam Brandmeyer
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 Myers
B&JM/clr
R E C O R D O F P R O C E E D I N G S
MIANTES OF THE SPECIAL AZEETIIITG
OF THE
BOP,RD OF DIRECTORS
UPPER EAGLE VP,LLEY COIVSOLIDP,TED SANITATION DISTRICT
January 19, 1995
A Special Meeting of the Board of Directors of the Upper Eagle Valley
Consolidated Sanitation District, Eagle County, Colorado, was held Wednesday,
January 19, 1995, at 4:00 p.m., in the John V. Amato Room of the Upper Eagle
Valley Consolidated Sanitation District administrative offices, located at 846
Forest Road, in Vail, Colorad'o, in accordance with the applicable statutes of
the State of Colorado.
P,TTENDANCE The following Directors were present and acting:
Walter Kirch, Chairman
Kent Rose
Darell Wegert
The following Directors were absent:
Andrew Armstrong, whose absence was excuaed
Jerry Bender, whose absence was excused
Also in attendance weres
Becky Bultemeier, Finance Manager, Upper Eagle
Valley Consolidated Sanitation District
James P. Collins, Esq., Counsel for the District
Dennis Gelvin, General Manager, Upper Eagle Valley
Consolidated Sanitation District
Emily Woodruff, Administrative Secretary, Upper Eagle Valley
Consolidated Sanitation District
admin\b-uev-95\ev95-01s.min
R E C O R D O F P R O C E E D I N G S
POTENTIAL The Board noted it had received more than 72 hours
CONFLICT prior to the meeting certain disclosure of
OF INTEREST potential conflict of interest statements for the
STATEMENTS following Directors indicating the following
conflicts:
Andrew W. Armstrong is a certified public accountant with clientele within the District and Eagle County, Colorado.
The District may engage in business relationships with some
of his clientele. Gerald W. Bender is employed by Gamba and
Associates, which has significant business interests within
the District. The District and/or its managed Districts may
have contracts or may contract with Gamba and Associates for
engineering services. Darell Wegert is employed by Scully's
Art, Office and Drafting Supplies. The District has and may
continue to purchase office supplies from that company. Kent
Rose is employed by Vail Associates Real Estate Group as the
Director of Construction. Vail Associates has significant
land ownership and business interests within the District.
COST The Board met to discuss and review current Cost
RECOVERY Recovery policies. Following a lengthy discussion
of related topics, and upon motion duly made and
seconded, it was unanimously
RESOLVED the Board's policy not to enter into
future Cost Recovery Contracts be and hereby
' is ratified and continued.
The Board direeted staff to add "Consideration of
Possible Cost Recovery Disbursements" as a line
item on the February, 1995 agenda.
1995 BUDGET Ms. Bultemeier presented a correction to the 1995
Bud'get for appropriation of Treasurer's fees in
the amount of $50,000, a copy of which is attached
hereto as Exhibit A, and incorporated herein by
this reference.
admin\b-uev-95\ev95-01s.min
i
R E C O R D O F P R O C E E D I N G S
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Special Meeting
January 19, 1995
Page 3
Following discussion, and upon motion duly made
and seconded, it was unanimously
RESOLVED Secretary Wegert be and hereby is
authorized to execute the corrected Budget
Resolutions for 1995.
Secretary Wegert executed the document at the
meeting.
COST Ms. Bultemeier asked the Directors to examine
RECOVERY and execute the Assignment of Cost Recovery
RIGHTS Rights, a copy of which is attached hereto as
ASSIGNA'lEATTS Exhibit B, and incorporated herein by this
reference.. Following discussion, and upon motion
duly made and seconded, it was unanimously
RESOLVED Chairman Kirch be and hereby is
authorized to execute the assignment of WPI
Partnership No.2 interest in Cost Recovery
Contract #53 to LCLM, Inc.
Chairman Kirch executed the document at the
meeting.
ADJOURIVNlENT There being no further business to come.before the
Board, the meeting adjourned at 4:55 p.m..
Respectfully submitted,
l '
Secretary to the Mee ng
admin\b-uev-95\ev,95-01s.min
` C / .
/
RECORD OF PROCEEDIN GS
MINUTES OF THE REGULAR MEETING
OF THE
BOARD OF DIRECTORS
UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT
January 25, 1995
A Regular Meeting of the Board of Directors of the Upper Eagle Valley
Consolidated Sanitation District, Eagle County, Colorado, wEts held Wednesday,
January 25, 1995, at 1:00 p.m., in the John V. Amato Room of the Upper Eagle
Valley Consolidated Sanitation District administrative offices, located at 846
Forest Road, in Vail, Colorado, in accordance with the applicable statutes of
the State of Colorado.
ATTENDANCE The following Directors were present and acting:
Walter Kirch, Chairman
Kent Rose
Darell Wegert
The following Director.s were absent:
Andrew Armstrong, whose absence was excused
Jerry Bender, whose absence was excused
Also in attendance were:
Caroline Biven, Engineering Support Technician, Upper Eagle
Valley Consolidated Sanitation District
Becky Bultemeier, Finance Manager, Upper Eagle
Valley Consolidated Sanitation District
James P. Collins, Esq., Counsel for the District
Floyd Duran, Councilman, Town Of Minturn
Gayle Grider, Project Engineer, Upper Eagle Valley
Consolidated Sanitation District
admin\b-uev-95\ev95-01r.min
l
RECORD OF PROCE E D I N GS
Tom Huston, Operations Manager, Upper Eagle
Valley Consolidated Sanitation District
Mike Poeckes, Wastewater Operations Manager, Upper
Eagle Valley Consolidated Sanitation District
Emily Woodruff, Administrative Secretary, Upper Eagle Valley
Consolidated Sanitation District .
POTEIVTIAL The Board noted it had received more than 72 hours
CONFLICT prior to the meeting certain disclosure of
OF INT'EREST potential conflict of interest statements for the
STATEMEIVTS following Directors indicating the following
conflicts:
Andrew W. Armstrong is a certified public accountant with
clientele within the District and Eagle County, Colorado.
The District may engage in business relationships with some
of his clientele. Gerald W. Bender is employed by Gamba and
Associates, which has significant business interests within
the District. The.District and/or its managed Districts may
have contracts or may contract with Gamba and Associates for
engineering services. Darell Wegert is employed by Scully's
Art, Office and Drafting Supplies. The District has and may
continue to purchase office supplies from that company. Kent
Rose is employed by Vail Associates Real Estate Group as the
Director of Construction. Vail Associates has significant
land ownership and business interests within the District.
APPROVAL The Board considered the Minutes of the Regular
OF Meeting of December 21, 1994. The Directors
MIIWTES requested the following additions and/or changes:
On page 1, Director Wegert was not present at the meeting.
On page 8, under the heading "Gerry Flynn Request for
Reimbursement", the motion was denied. Staff will retrieve
distributed copies of the December Minutes and replace the
• page containing the error with a corrected version.
admin\b-uev-95\ev95-01r.min
iRECORD OF' PROCEEDI~iGS
Upper Eagle Valley Consolidated Sanitation District •
' Minutes of the Regular Meeting
January 25, 1995
Page 3
Following discussion and upon motion duly made and
seconded, it was unanimously
RESOLVED the Minutes of the Regular Meeting
of December 21, 1994, be and hereby are
approved as amended.
WASTEWATER The Board examined the "Wastewater Operations
OPERATIONS Report", a copy of which is attached hereto as
REPORT Exhibit A, and incorporated herein by this
reference. Concern was expressed regarding fecal
coliform values. Mr. Huston interpreted the
report for the Directors, and offered Mr. Poeckes
is looking at greater than design capacity.
The Chairman explained the budget was increased
based on anticipated growth, and operations have
become more efficient.
The Board complimented Mr. Poeckes and Mr. Huston
on the composting program.
LIQUID The Directors reviewed the "Liquid Treatment and
ATAD Design, Monthly Status Report No.611, a copy of
TREATMENT which at attached hereto as Exhibit B, and
& ATAD incorporated herein by this reference. Mr. Huston
REPORT reported he and Mr. Poeckes intend to study the
specification manual.
Mr. Huston related his concern with costs and his
conversation with Mr. Ris, of Montgomery Watson.
Mr. Huston hopes to reduce the cost of the present
admin\b-uev-95\ev95-01z.min
0
1
REC'ORD OF PROCE EUINGS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
January 25, 1995
Page 4
contract proposal. Construction should begin in
April.
WOLCOTT Alpine Engineering was not present at the meeting.
REGIOIVP,L Mr. Huston briefly reviewed an update, which is
pLAnT attached hereto as Exhibit C, and incorporated
herein by this reference, and the three potential
sites for a Wolcott Regional Treatment Facility.
Alpine Engineering will make a full report on the
Wolcott Feasibility Study at the February, 1995,
meeting.
Mr. Collins entered the meeting at 1:40 p.m..
RED CLIFF The Board discussed the overview of Red Cliff
NEGOTIATIONS negotiations. Mr. Huston reported he had been
approached by RBD, representing the Town of
Red Cliff, regarding problems with the sewer
system. He described these problems as paramount.
He added $1.6 Million in funds from State agencies
may be available to add to the presently
inadequate Red Cliff treatment plant.
Mr. Huston reported RBD has requested a meeting
with.the Sanitation District, Health Department,
and the Clerk of the Town of Red Cliff, on
January 31 and February 1, 1995, to discuss
potential improvements for Red Cliff.
The Directors considered more funding may be.
available to Red Cliff, if the improvements are
directed through the District, because Red Cliff's
tax base is not big enough to borrow necessary
admin\b-uev-95\ev95-01r.min
r\
RECORD OIi 11 R0 CE E DIN GC .
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
January 25, 1995
Page 5
funding. The Directors endorsed the extension of
the Red Cliff line into the District: Cost for
improvements were estimated to be approximately
$6,000,000. LEGAL Mr. Collins reported on the.status of legal
REPORT matters pending.
Cost Recovery Issues - Mr. Collins recommended the
approval of the amendment to the Riverwalk Cost
Recovery Agreement. A copy of the proposed
amendment is attached hereto as Exhibit D, and
incorporated herein by this reference. Following
discussion and upon motion duly made and seconded,
it was unanimously
RESOLVED the proposed amendment of the
Riverwalk Cost Recovery Agreement be and
hereby is approved.
Additional Loan Monies -.Mr. Collins reported the
Colorado Water Resour.ces and Power Development
Authority ("CWRPDA") requires bond counsel, Dee
Wisor, be engaged as an independent.expert, whose
primary responsibility it will be to render
objective legal opinion with respect to the
authorization and issuance of obligations, such as
the Loan. A copy of Mr. Wisor's engagement letter
is attached hereto as Exhibit E, and incorporated
herein by this reference.
admin\b-uev-95\ev95-01r.min
~
RECORD OF PROCEEDII~IGS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
January 25, 1995
Page 6
Following discussion, and upon motion duly made
and seconded, it was unanimously
RESOLVED Dee Wisor, of Sherman and Howard
L.L.C., be and hereby is approved as bond
counsel for the proposed Colorado Water
Resources and Power Development Authority
Loan.
Liability for Location of Underground Utilities -
Mr. Collins reviewed a memo and sample letter
regarding District Liability For Location of
Service Lines, copies of which are attached hereto
as Exhibit F, and incorporated herein by this
reference. He recommended the District adopt a
fee schedule for difficult types of line location,
including a form letter advising both the
excavator and the homeowner of the constraints and
potential imprecisions involved with line location, which could effectively mitigate any
potential liability and place some responsibility
on the excavator and.the homeowner. The Board
concurred this topic requires further examination.
Resolution Regarding Posting of Meetings - Mr.
Collins specified the "Resolution Regarding
Posting of Meetings", a copy of which is attached
hereto as Exhibit G, and incorporated herein by
this reference, must be executed at the first
Regular Meeting of the Board of Directors of each
year.
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RECORD OF PROCEEDINGS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
January 25, 1995
Page 7
Following discussion, and upon motion duly made
and seconded, it was unanimously
RESOLVED Notices of ineetings of the District
Board required pursuant to Section 24-6-401,
et seq., C.R.S., shall be posted within the
boundaries of the District at least 24 hours
prior to each meeting at the following
location: Upper Eagle Valley Consolidated
Sanitation District, 846 Forest Road, Vail,
Colorado, and
BE IT FURTHER RESOLVED Notices of regular or
special meetings required to be posted at
three public places within the District and
at the office of the County Clerk and
Recorder at least three days prior to said
meeting shall continue to be made pursuant to
. Section 32-1-903 (2), C.R.S..
Mr. Collins opined no action should be taken at
meetings which failed to be posted, and added in
the even of an emergency meeting, action taken
should be ratified at the following Regular
Meeting..
FINANCIAL Ms. Bultemeier presented the Financial Report and
REPORT Proposed Disbursements, including a new list of
hand checks to close out 1994, copies of which are
attached hereto as Exhibit H and I, ,respectively,
and incorporated herein by this reference.
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RFCORD OF' PROCE EDIN GS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
January 25, 1995
Page 8
Following discussion and upon motion duly made and
seconded, it was unanimously
RESOLVED the Financial Report and Proposed
Disbursements including the new list of hand
checks be and hereby are approved.
Cost Recovery Liability Schedule - Ms.
Bultemeier distributed an updated Cost Recovery
Liability Schedule" through December 31, 1995, a
copy of which is attached hereto as Exhibit J, and
incorporated herein by this reference. The Board
considered the issue, bu.t decided not to take any
action at this time. The Directors concurred to
reconsider payments upon the successful completion
of financing for the ATAD project. They deferred
further discussion of this topic until the May,
1995 meeting.
STATi7S OF Ms. Biven reported on the three methods used for
CONSTRUCTIOAT repair and/or replacement of the sewer mains,
PROJECTS which are located predominately in the East Vail
area. Damage to the mains was caused by aging,
infiltration, and ground shifting. She reviewed
the Memos regarding,Sewer Main Replacements in
1994 (Lined, Cured in Place, And/Or Excavated),
and the Sewer Main Spot Repairs, copies of which
are attached hereto as Exhibits K and L,
respectively, and incorporated herein by this .
reference. 'She added all the spot repairs and
sewer replacements.have been inspected and
televised, and the infiltration problems have been
significantly reduced. ,
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R ECORD 0F PROCEEDIN GS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
January 25, 1995 ,
Page 9
Ms. Biven continued her report on the Status of
Construction Projects:
Town of Vail Improvements - Town of Vail has
notified the District of their intent to do
repairs, and will present their findings,
including their Capital Projects Plan, to the
Board at the Regular February Meeting.
Minturn Eagle Street - The project has been
reviewed and updated. There are some
complications resulting from easement lines under
existing buildings. Ms. Biven reported some of the
lines are very shallow.
West Vail River Crossing - Work is scheduled no
later than April to accommodate lower river flows.
Sunridge Line Replacement - Ms. Biven reported she
. hopes to get the bid out this spring.
UERWA The Avon Water Plant Expansion requires a booster
EASEMENT puinp station on the Eagle River near the Avon
REQUEST Sewer Plant. The Authority requests an easement
which would allow it to construct, operate and
maintain the Raw Water Booster Pump and a Raw
Water Tra.nsmission line on Avon Sewer Plant
Property. A copy of the preliminary request for
an easement and maps of the area are attached
hereto as Exhibit M, and incorporated herein by
this reference. Ms. Grider requested a 20'
permanent right of way easement and a 50'
construction easement.
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RECORD OF PROCEEDINGS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting January 25, 1995
Page 10
The Directors conceptually approved the easement
request, since the exact location of the easement
has not yet been established. They requested the
location be specified, to more effectively
evaluate the impact on District future expansion
needs.
PRE-PAID The Board reviewed a memo from Customer Service
SETn1ER Manager, Joyce Wood, regarding a request for a 100
CHARGES discount for paying sewer charges one year in
advance. A copy of the memo is attached hereto as
Exhibit AT, and incorporated herein by this
reference.
Mr. Collins voiced concern that if the option was
to be offered to Mr. Wood for the Eagle River
Village Mobile Home Park, it should also be
offered to the general public, by the passage of
public policy. He recommended a counter offer to
the,applicant. Following discussion, and upon
motion duly made and seconded, it.was unanimously
RESOLVED the request for a 10o reduction in
fees for pre-paid sewer service charges be
and hereby is denied, and
BE IT FURTHER RESOLVED the offer of a 50
reduction in charges for sewer service
charges pre-paid one year in advance to Mr.
Wood for the Eagle River Village Mobile Home
Park be and hereby is approved.
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RECORD Or PROCEEDINGS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
Sanuary 25, 1995
Page 11
SHERWOOD Mr. Gelvin presented copies of recent.
REQUEST correspondence with Mr. Robbins, Counsel for
FOR Mr. Sherwood, 2039 Chamonix Lane, Unit #l,
REIMBURSEMENT Account # 741500.0, copies of which are attached hereto as Exhibit O, and incorporated herein by .
this reference. Mr. Sherwood claims he has been
unfairly and unnecessarily overcharged for what
now amounts to nearly fourteen years, and believes
at least half of the overcharged amount is
attributable to Unit 2, at the same address. Mr.
Sherwood holds the District responsible for all
overcharges; interest, and all costs reasonably
associated to his claim. Mr. Gelvin suggested the claim, which he estimated
would be approximately $2,000, may be a viable
District liability. He reported the list of
cancelled checks and bills provided by Mr. Robbins
is currently being evaluated, and added staff is
considering options for new metering.
TAP FEE . The Directors reviewed the December Tap Fee
SCHEDULE Schedule, a copy of which is attached hereto as
Exhibit P, and inc.orporated herein by this
reference. No action was required.
CONIlMUNITY Staff summarized the joint meeting with Peter Webb
RELATIONS Public Relations, Upper Eagle Regional Water
Authority, and Vail Valley Consolidated Water
District committee representatives. The two
Districts are working to establish common
definition for the shared Community Relations
program, concentrating discussion on school
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RECORD OF PROCEEDIN GS
Upper Eagle Valley Consolidated Sanitation District
Minutes of the Regular Meeting
January 25, 1995
Page 12
programs, signage, and enforcement related to
water conservation.
INQUIRY Mr. Duran, new member of the Minturn Town
FROM Council asked the Board to justify the 15%
COUATCILP2AIV increase in service charges. He also questioned
DURAN whether plant expansion will result in future
increases.
Chairman Kirch clarified Minturn had been noticed
in March, 1994, regarding a 33o increase and
notified of future increases. He explained the
District was shifting the cost burden from taxes
to a sewer service charge. A mill levy reduction
of 20% and a service fee increase of 15% were
approved in the 1995 Budget. Mr. Collins commented
rates have not been increased for several years.
Mr. Duran recommended smaller increases on a more
frequent basis. Ms. Bultemeier added this
increase makes the District current. Hereafter,
. future increases will reflect the cost of liv.ing.
ADJOURRTMETI'I' There being no further business to come before the
Board, the meeting adjourned at 3:45 p.m..
Respectfully submitted,
C~G
Secretary to the Meet g
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