HomeMy WebLinkAbout1995-11-07 Support Documentation Town Council Evening Session
9
VAOL `d'OUVIV COf91VC9L
EVENING MEETI~~
TUESDAY, NOVEIIABER 7, 9995 ,
7:30 P.M. 9N TO!! COl9NCIL CHa4f1ABERS
EXPAIVDED AGENDA .
7:30 P.M. 1. Citizen Participation.
7:35 P.M. 2. Consent Agenda:
A. Approval of the Minutes for the meetings of October 3 and 17, 1995.
B. Ordinance No. 18, Series of 1995, second reading of an ordinance
Amending Section 9.22.101A. which contains the definition for
Larceny. 7:40 P.M. 3. Ordinance No. 22, Series of 1995, first reading of an ordinance making
Steve Thompson supplemental appropriations from the Town of Vail General Fund, Real Estate
Christine Anderson Transfer Tax Fund, Parking Structure Fund, Heavy Equipment Fund, Police
Confiscation Fund, Facilities Maintenance Fund, Vail Marketing Fund and the
Vail Housing Fund, of the 1995 budget and the financial plan for the Town
of Vail, Colorado; and authorizing the expenditures of said appropriations as
set forth herein; and setting forth details in regard thereto.
ACTIOiV REQUESTED OF COUIVCIL: Approve Ordinance No. 22, Series of
1995 on first reading.
BACKGROUfVD RATIOfVALE: Staff will present the Third Quarter Financial
Report and list of required supplemental appropriations.
7:55 P.M. 4. Ordinance No. 23, Series of 1995, first reading of an ordinance amending
Tom Moorhead Chapter 2.48, Compensation of Town Officials, Town of Vail Municipal Code:
8:05 P.M. 5. Ordinance No. 20, Series of 1995, second reading of an annual
Steve Thompson appropriation ordinance: adopting a budget and financial plan and making
appropriations to pay the costs, expenses, and liabilities of the Town of Vail,
Colorado, for its fiscal year January 1, 1996, through December 31, 1996,
and providing for the levy assessment and collection of Town ad valorem
property taxes due for the 1995 tax year and payable in the 1996 fiscal year.
ACTIOiV REQUESTED OF COUfVCIL: Approve Ordinance No. 20, Series of
1995 on second reading.
BACKGROUIVD RATIOfVALE: The Council has been reviewing the 1996
budget for several weeks. The ordinance summarizing the expenditures is
required by statute.
STAFF RECOMMEiVDATION: Approve Ordinance No. 20, Series of 1995.
8.20 P.M. 6. Ordinance No. 19, Series of 1995, second reading An ordinance to change
. Russ Forrest the zoning of 67 properties in the Town of Vail from their current zoning to the
Jim Curnutte fVatural Area Preservation District, Outdoor Recreation District, or the
General Use District (See Exhibit A). -
'ACT~C,'d RcOqUE3- i-r-u Gr GGuivL;iL: rteview the proposed changes and
then approve, disapprove, or change the proposed rezoning of 67 properties.
BACKGROUfVD RATIONALE: On August 22, 1994, staff received approval
to amend the text of Chapter 18.38, Greenbelt and Natural Open Space
District (GIVOS) and Chapter 18.36, Public Use District (PUD), of the Vail
Municipal Code, and to create a new Chapter 18.33, Outdoor Recreation
District (OR). These text amendments and the proposed zoning changes,
as identified in Ordinance No. 19, are intended to insure that the uses
allowed in these zone districts are consistent with their purpose statements,
and that properties throughout Town, especially those with open space
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characteristics, are located in the appropriate zone district. The Planning
and Environmental Gommission revieweci the proposed zoning changes on
September 24, 1995 and voted 4-2-1 to recommend approval of these
changes. The two dissenting members stated that they wanted parcel #21
(proposed par 3 site) to be rezoned to trie General Use District. Staff also
reviewed issues and public comments coincerning the proposed rezoning of
the Mt. Bell site (#34). The PEC felt strcingly that the entire Mt. Bell parcel
should be rezoned to the General Use District as per the staff inemo.
STAFF RECOMMENDATION: Staff recornmends approval of Ordinance No.
19, Series of 1995.
9:00 P.M. 7. Ordinance No. 21, Series of 1995, second reading of an ordina.nce amending
Tom Moorhead Section 5.04.120 Transfer of License and Section 5.20.100 Exemptions; and
Steve Thompson setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No.
21, Series of 1995.
BACKGROUND RATIONALE: 1) Courncil requested staff to prepare an
ordinance that would allow some relief frorn the Annual Business License fee
when a new owner occupied an existing ;>pace and began a new operation
in a space that a prior owner had paid the annual business license fee. 2)
Council requested staff to prepare amendments to our special events license
to guarantee that exempt, non-pr.ofit org.anizations will significantly benefit
from such special events. This direction was provided as a result of a
special event that was perceived to be nothing more than a retail sales event that did not provide significant benefit to an exempt organization.
STAFF RECOMMENDATION: 1) Staff recommends a more equitable
approach is to prorate the annual business license fee for thP initial year of
operation. 2) Staff advises that the change may significantly impact special
events and sales tax revenue from those events.
. 9:30 P.M. 8. Ordinance No. 14, Series of 1995, second reading of an ordinance providing Mike Mollica for the major amendment of Special Development District No. 31, Golden .
Peak House; amending an approved development plan for Special
Development District No. 31, in accordarice with Chapter 18.40 of the Vail
Municipal Code; located at 278 Hanson Ranch Road/Lots A, B, and C, Block
2, Vail Village 1 st Filing and a portion of T'ract E, Vail Village 5th Filing, and
setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL: Applicant is requesting that Council
rescind the action taken in regard to this C?rdinance on September 19, 1995.
To Rescind the previous action there mu:st be a motion made by a Council
member who voted with the prevailing side upon first reading. If such motion
to rescind carries, then Council can reconsider the ordinance.
BACKGROUND RATIONALE: On September 11, 1995, the Planning and
Environmental Commission voted (by a vote of 4-2, with Armour and Pratt
opposed) to recommend approval for the applicanYs requests.
STAFF RECOMMENDATION: The staff recommendation is for approval of
the applicant's request to modify the density section of the SDD, with regard
to the overall number of dwelling units. AdiJitionally, staff recorrimends denial
of the applicant's request to modify the density/GRFA portion of the proposal.
Please see the attached staff memoranduim, dated Septembbr 11, 1995, to
the Planninq and Environmental CommisGio??_
9:45 P.M. 9. Resolution No. 24, Series of 1995, A resolution adopting the
Tom Moorhead Intergovernmental Agreement Concernirig the Implementation, Operation
and Maintenance of the "E-9-1-1" Telephone Service.
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0
9:50 P.M. 10. Appeal by an adjacent property owner of a DRB approval of changes to a
Lauren Vi/aterton previously approved set of plans and an appeal of a PEC approval of a
Conditional Use Permit for an employee housing unit located at 126 Forest
Road/Lot 5,. Block 7, Vail Village 1 st Filing.
ACTIOiV REQUESTED OF COUiVCIL: Uphold/modify/overturn the DRB's
and the PEC's decisions.
. BACKGROUND RATIOIVALE: At the October 18, 1995 DRB meeting, the DRB approved changes to a previously approved set of plans for a new
Primary/Secondary residence to be located at 126 Forest Road. The DRB
originally approved the project at the June 6, 1995 DRB meeting. At the
October 23, 1995 PEC meeting, the PEC approved a Conditional Use Permit
for a Type II employee housing unit. The adjacent neighbor to the west, Mike
Flannery, has appealed both of these decisions to the Town Council. Please
see the attached letters of appeal, as well as the staff memorandum for
. further information.
STAFF RECOMMENDATIOfV: Staff recommends that both the DRB decision
and the PEC decision be upheld.
10:05 P.M. 11. Town Manager's Report.
10:10 P.M. 12. Adjournment.
NOTE UPCOMIIVG MEETBNG START TIMES BEL0W:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
I { I , I I I
THE NEX7' VAIL T'OViIN COUNCIL REGl1LAFt 1A/ORK SESSION
VUILL BE ON Tl?ESDAY, 9 9/14/95, BEGINfVIiVG AT 2:00 P.M. IN T'OV COUNCIL CHAMBERS.
THE FOLLOUVIftIG VAIL TOVI/N COUNCIL REGl1LAR VVORK SESSION
WILL BE ON TvESDAV, 11/21/95, BEGIfVT11NG A7 2:00 P.M. IN TOV COUNCIL CHAMBERS.
T4iE NEX'T VAIL TOllllld C049NCIL.REGULAR EVENIIVG nAEETING
lNILL BE ON TUESDAV, 91/21/95, BEGIiVNING ,4Y 7:30 P.M. IN TOV COUNCIL CFIANIBERS.
IIIIIII
Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or
479-2356 TDD for information.
C:VIGENDA.TCE
UVORK SESSfON FOLLOIiV-UP
TOPAC QIDEST90NS FOLLOVV-G9P SOLUTaONS
1995 . :
10119 SNOW STORAGE LAND PURCHASE LARRY/BOB McL: Immediately pursue purchase from VA of We're top dead center and going nowhe; e...as VA discussions continue.
current snow storage site, as well as another 10 acres
ad'acent to the west.
05/23 EHU/EHU/COMMERCIAUEHU 1. TOM; Council directed Town Attorney to prepare an Tom will attempt to have an amending ordinance re: item #1 (employee
EXEMPTIONS ordinance which would require all employee housing units in housing units/rules, regs,, & ordinance) kly the 99-21-95 evening meeting.
the Town to adhere to all ortlinances, rules and regulations in He will also try to resolve Item #3 (franch;se fe2s) resolved by that evening
effect as may be amended from time to time. meeting as well.
2. TOM/SUSAN: Councif wouid like to explore a formula
which wouid require employee housing units within
commercial development projects basetl on the percentage
of full time equivalent employees associated with the project.
3. TOM/BOB: Councii agreed to pursue an itlea by Merv
Lapin in which residents of employee housing units, such as
the future Vail Commons project, coultl be exempt from
franchise fees collected by utilities to retluce the cost of
housin .
05/23 NEUUSPAPER BOXES BOB: Council reiterated its interest in consolidating Bob antl Tom continue to work on the placement of newspaper boxes on
newspaper boxes on public property in the commercial core public property, in conjunction with repreEentatives from the newspapers.
areas and asked Town Manager to share an action plan at its
next meetin .
06/06 BUILDING AND PLANNING SUSAN: Merv Lapin wondered how we monitor accuracy of
REVENUE FEES building violations by applicant. (What is originally declaretl
and assessed vs. as built .
09/05 WATER/SEWER TAP FEES BOB: In re; affortlable housing, continue negotiations with 6ob dascasssed vuith Dennus GeBven and' vuil& mee$ with @Nater & Sewer
appropriate special tlistricts. Boards November 28 antl 29.
09/05 LOADING FACILITY TOM/BOB/LARRY/SUSAN: Compile pros/cons for such $20,000 from `95 Council Contingency wE.s approved 9/19/95, with an
faciliry to be discussed as ASAP in Council executive additional $10,000 to be contributed by tha private sector. Larrywill
session, proceed with an RFP with final date expec;ted by March,1996.
October 27, 1995 Page 1
10/17 SKI LIFT TAX Steve, Merv & Bob will meet with VA
,
October 27,1995 Page 2
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DES9GN REi/IEVI/ BOARD AGEIVDA
NO!lENABEFt 1, 1995
3:00 P.M.
Pf~OJECT OR6ENTATOON - I~~ LUNCH 1:03 S0TE V6S0TS 2a00
1. Austrian - 666 Forest Road
2. Cogswell Gallery - 223 Gore Creek Drive 3. Up The Creek - 223 Gore Creek Drive
4. Tyrolean Restaurant - 400 East Meadow Drive
Driver: Randy
1. The Lodge at Vail International VVing ,qK
174 Gore Creek Drive/Lots A, B, C, Block 5C, Vail Village 1 st Filing.
Applicanf: Zehren and Associates
MOTION: Borne SECOND: Alm VOTE: 5-0
APPROVED WVTH CONDPTBONS
2. Cogswell Gallery - Awning change. GR/RS
223 Gore Creek Drive/Lot A, Block SB, Vail Village 1 st
Applicant: Annie Egan for John Cogsweli
MOTION: Borne SECOND: Woldrich VOTE: 5-0
APPIROVED -
3. Up The Creek - Awning change and sign application. GR/RS
223 Gore Creek Drive/Lot A, Block 5B, Vail Village 1 st Filing
. Applicant: Annie Egan .
MOTION: Borne SECOfVD: VVoldrich VOTE: 5-0
'II'AB}I.ED UN'II'ff L R1OVEMBER 15,1995
4. Tyrolean Restaurant - Request for a new sign. LW
400 East Meadow Drive/Tyrolean Inn
Applicant: Pepi Langegger
MOTION: Borne SECOiVD: Alm VOTE: 5-0
CONSENTAPPROVED
5. Dews - Final revieuv of a demo/rebuild of a Primary/Secondary using fiwo 250's LlIU
278 Rockledge Road/Lot 15, Block 7, Vail Village 1 st Filing.
Applicant: Julie Dews
MOTION: Borne SECOiVD.: Alm VOTE: 5-0 APP~OV~D Wf lf~H CONDBgiONS
1
6. Austrian - Review of an addition and remodel. LW
666 Forest Road/Lot 7, Block 1, Vail Village 6th Filing.
Applicant: Neil Austrian
MOTION: Borne SECOND: Alm VOTE: 5-0
APPROVED WITH CONDITIONS
7. Knowlton - Final review of a demo/rebuild of an existing I'rimary/Secondary GR/LW
using two250's. .
1999 Sunburst/Lot 14, Vail Valley 3rd .
. Applicant: Sally Brainerd MOTION: SECOND: VOTE:
TABLED UNTIL NOVEMBER 15, 1995
MEMBERS PRESENT MEMBERS ABSENT
Michael Arnett None
Bob Borne
Brent Alm
Hans Woldrich
Henry Pratt (PEC) '
Staff AR rovals
Nelson Residence - Re-paint RS
2498 Arosa Drive/Lot 12, Block C, Vail das Schone 1 st Filing
Applicant: Nevin Nelson
Curtin Hill Sports - Sign application. RS
254 Bridge StreebLot L, Block 5C, Vail Village First Filing.
Applicant: Teak Simonett for Curtin Hill Sports
Hobbit Hill Condominium Association - Exterior trim color change. LW
1546 Matterhorn Circle/Hobbit Hill.
Applicant: Tessa Kirchner for Hobbit Hill Association •
Vail/Lionshead Centre Condominium Associafion - Plat Review: AK
520 Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing #1.
Applicant: Kevin Lindahl for Vail Lionshead Centre Condominium Association
Rucksack - railing replacement. JC
288 Bridge Street/
Applicant: Ghiqui Hoffman
Lifthouse - replace paneling behind Lifthouse building. JC
555 East Lionshead Circle/Lifthouse Lodge Condominiums.
Applicant: Robert Lazier
Holm - Addition and remodel. RS
. 4237 Columbine Drive, Unit #22/Bighorn Terrace. ,
Applicant: Amy Byers Holm
Vail Associates - Lionshead Children's Pavilion. RS
near 600 Lionshead Mall/Tract D, Vail/Lionshead First Filing.
Applicant David Thorpe for Vail Associates
2
Cogswrell - Changes to previousiy approved plans. GR
794A Potato Patch Drive/Lot 10, Block 1, Vail Potato Patch Subdivision.
Applicant: David Thornsberry for John Cogswell
Ying Residence - Change paint color. RS
486 Forest Road/Lot 1, Block 1, Vail Village 6th Filing
Applicant: Bob Boymer
Lodge at Vail - Exterior lighting plan. RS
174 East Gore Creek Drive
Applicant: Charlie Viola .
Swarizkops - Skylight JC
413 Gore Creek Drive/Lot 13, Block 4, Vail Village 1 st Filing
,4pplicant: Klaus Swartzkops
Serrano's - fVew signage; existing avuning. . RS
298 Hanson Ranch Road
Applicant: Annie Egan
Staff DeniaBs
Vail Lionshead Condo. Assoc. - Ski Lockers (proposing to use T-111). LW
390 East Lionshead Circle/Lodge at Lionshead.
Applicant: Jeff Bailey, Manager for Lodge at Lionshead
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Da s APPEAATa (Discretfonar ) -
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253 Deyo PIINAL DECKSQON ON APPEAL
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GdCERP°e ~rv,, ~OAPO_A Wrsl t ~N
Xx As~~~ VROc$SS 6 9-73
The gnterstate commegce Act (Act) reqaires that begore a rabg
carrieg abancions serrice over any part of its railroad lineo either
~
it ~a~ast qaalggy far an exeffiption, or ~e gCC ffiust find that BOtale
present or ~~~ure jpublic convenieaace and necessity gequire or
~ permit00 ghe abandonm'ento 49 UoSoCo 1090301 The Act establishes
cert ain giling and pgocedural reeyuirements for abandoazme8at
applications a 49 LT o S e C 10904. The %CC has adopted regulations to
implement these gecyugreffients o These regtalations are found at 49
C.F.R. 1152,2 ar.e. geproduced in Apperaciix B of this bookleto
A brief overview of these regulatioais is set forth below to help
the reacier better understand the process for formal abanclonment
applicationso Exemptions from the formal abandonment process are
ciiscusseci gn Part I%%o
R. System Diaqr Map
%n order to give shippers and comnaunigies advarace notice of a
railroad ° s abancionment plans, the Act reqiaires a rail carrier to
maintain a diagram map of, its rail li.neso 49 U.S.C. 10904(e) o. The
dfagram map must ident.ify lines that are 00potentially siabject to
abandonment00 and lines for which the carrier plans to file an
application gog abandonmento The Commissfon has iatterpgetecl this
as reqairing a carrier to identify separately (1) a11 lines that
1 This and ffiosg other statuto
refer go Title 49 og the tTnited St es Gode ~ which containskthe
Revgsed %nterst'ate Commerce Acte
a This ci~ation refers to Titge 49 of' the Code of F'ederal
Regtalat.ions o
3
the carrier anticipates will be the subject of an abandonment
I
applicagion withimm 3 yeagffi and (2) al1 gines that are potential~~
subject to abandonmento 49 C.P.R. 11520100 The Comffiission cannot
grant a gagl abandormeng that is opposed by asignificant user, a
State, or a politic~~ subdivision of a State aunless :the involvedl
lixae. has beeaa listed urader cateqory g (abandorament anticipated
wighin 3 years) gor ag leasg 4 montas before the carrier files for
abandoraffient o 49 Ua So Co 10904(e)(3). A carrier maast publish its
systeffi dgagram map an a newspaper of qeneral circulation in eaph
couraty containinc~ a rail line in category 1a3 and publish all
subseqtaent changes go its system diagram ffiap o 49do F o It o 1152 012o
In shortp ghis means that at least 4months before an
abandorment application is filed, the railroad ffiust notify the
public that the line is subject to abanciomento This time should
not be wasteda %t aglows shippers, local and State qovernmentsp
and interested ciggzens an opportunity to meeg to consider
altegnative ffieans go contbnue rail operations by the curreng
railroad or araotheg operator and to weigh possible opposition to .
abancionaent oFor exampleo alternatives to abandonmeaat such as
rate/serrice changes which may permgt t2ae railroad to continue
. operagio~~ ~~d nog file an abandoninent application may be
negotiated o
3Most railroads clo not usually ggst rail lines gn category a
' (Rotentiallrr subjecg to abandoaiment) oA line need not be listeci as
potentially subj ecg to abandoriment prior to abandonment, so no
weight should be atgached to the fact thag a line eaas or was not
1 isted in category 2.
~
~
B. NotiCe of Yntemt
in addition to the systeaa diaqraffi map requiremerat, the ICC
also reqaires t&ae ra ggroad to file a 0°Notice of Intent to Abaaadorn0°
wbth the dommissiono 49 C.F.R. 11520200 The railroad must publish
t8ais notace once a week for. 3 . weelcs in locag newspapers a serve ' &
copy of the notice on the 10 larqest shippers on the line and on .
all other sgqnggacant users oserve a copy on the State agency
respoaasable gor rail transportation pgaraninqa arad post the'notice
at each aqency station and teaminal on the lineo This notice
posting and publication must occur 15-30 ciays befoxe the actual
filigag dateo `
The coffiplete gorm and all the infornnation this notice ffiust
contain is provided in Section 1152021 og the regalations (see
Appendix B) o %t gncludes informatioga on wheaa and how to file a
protest to ghe proposed abar?doxment o It also explains how to
obtain irnformatioga oaa possible subsidy or purchase of the ligaeo
The Notice og %ntent to Abandon perioci is when shipperso
communig~es, and interesteci citizens shoul.d otqanize taeir
activities coxacerniaag ghe abandonment and prepare to present their
positioaa to ghe %CC and the railroado The cantents and foxm of
Protests are dgscaassed below in Section D. Yg opponents to the
abandonment have not alreaciy done s,o, they should contact OPA fok
advice on ghe best way to proceed in an gndividtaal case o
5
C. andonment Appliaation
~ - The Commissgon reqaires a carr ier seekinq ara abandoriment to
' fgge an applicatfon that contains detailed informatgon about costs
and revenues on ghe line sought to be abancioraeci and the oeerall
financgal conditfon of the catriera Aay iaaterested paa°ty may
reqaest a copy og the app.licatiora from. tPae carriera and personffi
planninq to particgpate shotald cio so as soon as the application is
giledo Arai1r0ad°s decision to abaaadon a line is not taken
liqhtlya and the preparation that qoes into the application- is
ogten evicienced by *the vogiaminous data it coratains o (A compJlete
recitation og what must be in the application is found at 49 C.P.R.
11520220)
BUT DO NOT BE %RTT%M%DATED BY TIiE APPL%CATION, As soon as the
applicatfon can be obtaineda interesteci parties should beqin a
cageful eacamination of the ingox°mation it contains. Abandonment
applications may contain pages of sometimes confusinq figurese
tables, charts, and gx°aphso Much of the data may not be importanto
but efforts should be made to verify and, if appropriateo
recalculate and reconcile Bcey figures. and totalso State raib
officials and.current and getired railroad employees are oftean a
good source og help in sorting oiat railroad datao .
A railroad may reqraest waiver of certain information normally
reclaired in the applicatione F'or example, a railx°oad noranally
seeks to exclude data. concerning overhead ox° bridge traffic
(shipments not actually originated or terminated on the line souqht
to be abandoned) ig ghat traffic would be getained by the railroad
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by usgng other routeso The Coffimission usually grants this tgpe of
waiver as reroagtgng is almost always considered wittagn maraaqeffient a s
prerogativeo° %g you believe a waiver was qrarated which would
leave out gelevagat informatione you should estplain your obj ections
and appeal the waivero %f tlae Commission agreesa. it will rescind.
• the waiver and reqtaire the informationo
D. Protooto or Comments To The Propoaed Abandonment .
%nitial opposition i:o an abanciorment applicatiora is criticalm
You girst oppose an abandoaament application by filing a protesto
These protests ax°e due oaaly 30 days agter the applicatgora is filedo
The Commissfon uses protests to determine, within 45 clays
after filing of the application, whether an investigation shoulci be
instituteclo Ig the %CC decides not to institute ara investigationo
no adciitional evidence is submitted and a ciecision is assued on the
record already compiled, wi.thin 75 ciays after the filing dateo In
most cases where there is no-investigationo the %CC ggants ghe
abancionffiente
, ~erm 00investigationBO does not mean the Commission itself
takes an.active role in'gathering evidence, just that the parties
hawe an opportunity to submit.more detail.ed evidence (orally'or bra
writing) concerning the abandoamento Oppoatents to an abandonment
should concent~ate eargy eggorts on gilingoprotests go obtain arn
investigation.o Pgotests that are submittted at this stage are raot
4 See PeoRle gthe e of Illinois v, CC, 638 Fo2d 865,
874 (7gh Cir° 183) ; Dockeg ldoo AB 3(Sub-ldoo 97) a Missouri Pacific
Railroaci Com an m- Abancionment -m %n Niiami Franklin Osa e L o -
Morris And Dickinson Cour?ties KS (not printed) o Sexved Augtlst 16 a
1991 (Appendix D at page pml),
7
` reqaiged to be extremely detaileda The more detailed the protests,
however, the more gikely it is that an investigation or oral
hearing will be ggangedo At a mbniffiump progests should indicage
the protestant ° s interest gn the abandoramento its business,. reasons
: for opposing the abandonmeng, and a reqaest -gor oral hearianq (if
des-red). e Sectfon 1152 0 25 iaa Appendix B ggsts all the infoamation
that should be in the pgotesto .
gn exaaaining prevgous cases the Commissgon has gnvestigatedp
oPA has concludecl that the %CC °s determgnatioaas to iaavestbqate have
focused on the amount og opposition and the ir?tensit,y of the
protestso A11 larger shippersand every community on the Yine
shoulci submit strong statements concerning their agse of the lgne
anci the faapact a loss of gail service will have on their operations
and area o Aga additional factor that can saapport a geqaest for
investigatfon is ghe oRRosition to the abandoaZment tgom elected
ofgicials at the local, state, and natgoaaal levelo Elected
officials, even if neutral on the isstae og abandoriment, wilg
normally support efforts to conducg an bnvestiqation and hold
~ hearingse , .
;i
; Most important, howeveg, is the qaality of the protestso Even
;
if an abandonment is heavily protested, the %CC may not investggate.
absenic some ciegree og opposing evicience tfed to the information gaa
the applicatione Shippers should subffigg cag loading, ciata aaad
estimates of future use the best are shoraings og projected
increased tgaggic. They should also poing oug aaay defects in the
8
a
carrger 0 s ~s°ost da{.ao lsommunibges ~~d shl~pers sAAQuld ffiaibe edery
egfort to qaaratify the Paarm fx'om abaracionmento
Protests and comments to the proposed abandonment ffiust be
geceaved ag the ICC within 30 days agt~r the filinq of the
a,pplgcagiona An oriqinal and 10 copies og each comffient or protest
must me giled with the Coanmission, a copy must be served on the
applicant railroado ana each copy ffiust contaian a 8°certi£icate of
serrice00 (a statemeng that the railroad was maileci a copy of the comment or protest) e Although no set 00fonnAO exists for a protest
(many letteg protests are received) , the more formal a protesto the
more weight it geraerally will receive o ,
00Comments°° are different from protests in that they typically
address suggested gutuge use of the line or labor protection issues
instead of the merits of the abandonment applicatior?a 6dhile the .
Coaamission looks beyond the label used, "comments" techngcalgy are
not consgciered in determining whether an iravestigation will be
institutedo To ensure thaic your objection is treated as a protest
(anci not a coaament) you should title it 00Protest°° o
Bo Xodig~ed,Procedure And Orag Hearinqa .
If the Commission decides to institute an investigation it
will either sr-t the 'proceeding for an oral hearing or what is
called 00ffiodifieci procedure°° o g Most cases are set for mociified
g%n some cases, ghe Director of the Office of Proceedi.ngs
initially decides whetheg or not to investigate and, if so, whether
to use ffiodified procedure or oral hearingo However, that decision
may be appealed to the full Commission wit2ain 10 days after service
og the Director°s decisiona 49 C.F.E. 1152025(e)(1)a
. 9
proce~ugeo Modigied procedure means tYaat no*orag hearinq is heldo
and.alg evadence is giled in writingo Factors ~at the Commission
weighs in deciding whether an oral hearinq is necessary are much
the same as in de~ermining whether to institute an investigationo
but with more emphasgs.on the coffiplexity og. the issues in the
~ particular abandormeng and whethes. facts are in disputeo With ttais
k in mirad, geqaests fog oral hearing should specgfy, to the extent
~
~ possible, factual matters which are lgkely to be disputed and
~ rec$uire cross-examinatfono %n determining whether go seek an oral
i
f hearing, protestants might wish to consider the added e3cperase
k usuall associated with a hearin
~ Y ga such as gransportation costs and
; lawyer°s feese For examplea witraesses will have to trawel to the
~i hearing and lawyers and expert consultarets agsually expect to be
i compensated fog their time and expensesa
Regarclless of whetheg modigied proceciure or oral hearinq $s
' used, the core of both applicant°s and protestant°s case will come
F
~ in the form %af written verified statementso Under modified
~
,
' procedure applicant°s initial verified stateanents are due no later
! .
; than 1.5 ciays, after the date the decision iaasgituting the
;
investigation is servede Protestant°s verified stateaaents are citae
; 40 days after the investigatiora is fnstituted, and applicant°s
reply verified statemerats are due 55 days after the isawestigation
is institutedo
. ;
If an oral hearing is scheduled, testimogay wggl stgll be
submitted in the form of verified sf:atements, and ghe hearing
primarily will be.for ghe purpose of cross-eacamfnatgqn of witnesses
10
who submitted written testiffionyo The same time schedule for
applicang°s and protestant°s verified statements applies for oral
hearingso that $so 15 days after the investiqation order
aPPlicang°s verggged statements are due, and within 40 days
pgOteStang's. vergfged 5tateffient5 are dueo Appl1CantBS gep1y 0r
rebugtag testiffiony does not have to be iaa written verified form for
oral hearing, as it is presented directly at the hearinq agter the
cross-exaffiination og the railroad°s and protestant°s witnesseso
Verigied statements are jusg that _statements that contain a
verification that the statement is accaarate and tgtae, with a
~
notarfzed signataareo %g a notary is not readily availablea a
protestant ffiay substitute the affirmation set forth at 49 C.F.R.
1104e5(m), found gn Appendiat B. In the statemento protestants
should describe in as ffiuch detail as possible their interest in the
proceecling and their qaalifications for making the statemente For
instance; ig tae lgne sought to be abandoned is useci for qragn
Sh1pme%1t3 a%1~ the pYOteStdBlt 1S a gra1fl'1 pg'OdUICerp $hE.' State1De%At
should at.least.specify the numoer og years in farminga the fagan°s
size, ghe,amount og -grain pgoduced and staipped by rail othe number
~
of people employeci directly on the farm, the availabality of trtac3c
,
transportationo the cost of rail shipffients coffipared to the cost of
track shipmentso and any other factors believed to,be pertineaato
~ In addition, pgotestangs should preserat any evicience they may have
cieveloped thag congradicts the revenue ar?d cost evidence the
applbcant has submiggedo Always use specific numbers, facts and.
figure~ when possible, anci explain whege the information comes from
11
'
or how gt was devegopedo Cost and revemmue information is often
critical o %g protestants caxa show that the raig line is not a
ginancial baarden to the xaigroad, abandonment will be olenieda (See
discussioan isa Part gV ~f this bookleto ) .
W. saitiab Decision~ d Appeal:
Agteg receiviaag the verigied stateffients, or after thg close og
the hearing in oral hearing casesp the Commission issues ara initial
decisiono That decision ffiaast be made no later than 165 days after
~
the application is giledo Any appeal musi be filed within 20 days
agter the inigial decision is servedo %n iravestigated
abancionmentso partges must ffgge an appeag with the Comnnissioan to
exhaust their adminisgrative remedies begore they can appeal the
decision in a Ungted States Coiarrt og Appealso Appeals to the
Commission are discretionaryo the Commission may or may not choose
to hear the appeal o The Commission wgll entertafaa appeals only
~
when the action gnvolves a.matter of general transportatfon
importance, there is new evidence, changed circumstances, or
maiterial erroro Within 30 days after its initial 'decision, the
. Commission must decide whether to entertain ithe appeala If. the
Commission decides go .heag the appeal, then ig will issue a decision stating'that ghe appe~l gs accepted, and other parties
have 15 days grom ghe dage og decidion to file replieso The
Commission must issue gts final decision within 255 days after the
applicatfon is giledo The decision is noranally effective 30 clays
after it is issuedo
ia
C~. ' e ' ' ' e _ • - - ' ' ' ' ' . a i . • "
6 . . ` •
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HOUSE 6IlL NQ. 1149e
, BY REPRESENTATI!!ES Wi nkl era Hasti ngs 9 Hudson a ChavezDLarson y
Lucev°oD and Paulsona
also SENATORS 'Yosta Coie9 Allshousen .Bishopa Gal1agher,
P. PowersDR. Powers a Schaefer, Soash, arad Zakhema •CONCERNIiVG THE FORMATION 0F' RAIL DISTRICTSa AND PROVIDgNG FOR
7NE OPERATI0N5 AND FINANCING OF SL'CH OISTRICTSe
Be it enacted ~y the General Assembly o; the Staf.e of Coloradme
SECTION 1. Title 32, Colorado Revised Statutes 1973, as
amendeda is amended BY THE ADDITIOId OF A NEW ARTICLE to reade
• . . ARTICLE 12 , Ra91 Distric$s
32°12-101. Short title. 1'his article shall bg known artd
. may be cited as the ai istrict Act of 1982'°a
.
32°12°102e Le~`slative arati one Any loss of
Pai 1 road service wi thi n certain regions of Col orado may
seriously intergere with the flow og eommerce within this
state, and- the general assembly hereby deelares that the
fol l owi ng measures are adopted to al10w for the formation og
rail distPic$s permitting lacal participation in the ownea°ship
og certain wailroad pr.operties and in the conduct of-providing
railroad sereices, subject to the limitations contained in
thi s ar°ti cl e.
32°12°103e Definitionse. As used 'n th's artacleo unless the contect othertn se requirr°es:
(1) .°8Board" means the board of directors of a rail
districte .
CapitaMetY,ers indicate new material added to existing statutesfl
. dashes through words indicate deletions grom exxisting statutes and
such mauerial not part of act. _
r . ~
.n _ ~ O • • . ' - •
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(2) °°Chai rman°° weans 4he chai man of the board. . .
. (3). °°County°° means a bome ru1e o~ statutory soutaty and
includes a eity and countyo
(4) °°Munieipality°8 means a home rale or sUtutory cit,v
~r town9 a t22rritorial charttew cityo or a eity and county.
(5) "Poplglat10n"° taeans the popuiation. as estimated by
the or9anizational coaunnission - or secretavy of stageo based
upon census tract da4.a or other of~icially compiled data. (6) °'Publicatfon" means privitingn once•a aeek for three
con5ecartlbe weeksa by ghree publicatlon5 ira one or cnAre
newspapers of general circulation in the rail district oP
proposed rail district if there is suCh a newspapewa and9 af
notn then in a newspaper in the eounty in +rhich the rail
district or pnoposed rail district is located. %t is not
he«ssary $hat publication be made on the same day of the aeek
in each of the three weeks, but not less than twe've daysa
excludrorng the day of the first publication but includang the
• day og the last publicatian, shall antervene between the first
pubi.ication and the last publiCatiosa and publication sha11 be
comp] e~ on the date of the last pc,bl icati one
: (7) "QualYfied eleCtor° or °1elector'° of a rail district
means an indieidual qualified pursuant to section 32°1-103
(5).
~ (8) 0'Ra1l d15tP1C$°1 means a speeial district which noay
acqu9re and operate railroad gacilitieg subject to the
following:
(a) Any such puwchase of rai7road facili.ties shall beo
. . (g) From a railroad which is subject go the jurigdiction
of. a federal.bankruptcy.court pursuant to federal barikruptcy •
laws; or (II) From a rai 1 road ahi ch has been gPanted t6ae ri ght to
abandon sueeh rai 1 road faci 1 i ti es by the federal interstate-
coamerce commission; and
611) Limited to a railwoad faeility which has been in OpeY'attOn w•rthln the fibe years prior to such ptar°chase by a
rai1 di stricte .
• (b) Upon acquisition9 any sucH railroad faciligy shall
be operated to haul freight or passengers or bothe No rai 1 di stri ct siay be formed contai ni
og ~e vegional tra~aspor~tion dismri~, cre°eeated b ~icle area
9'
og tPois $itle. PAGE 2-HOUSE BILL N0. 1149
~
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(9) "Railroad faeili$ies°° or °"facilitieslB means all
property either reala personal, or iiixed which is used or
useful in the conduet of railroad serviees. '
(10) "Ratesn feesn tollsy or chargesA1 shall apply only
to rateso feesn tollsa or charges required.by a rail distract
and such tems do not apply t.o rates9 fees, tollsa or charges
whi ch ar°e Arescri bed by federal or other stat,~ laws or
regulatlons and errrhich are subject to . the jurisdiction of
. federal or other sate agencies. .
- (Ag) wRegular election°1 means the election-held on the
Tuesday succeeding the first Monday of •May in every
even-numbered yeary as provided in section 32°1°103 (17), for the purpose off electing members of the board and for
submission of other public questionsp if anye
(12) 11Secretary° means the secretary of the board.
(13) °tService" means a function or service which a rail
district is authorized to 'provfde in accordance with this
article. •
(14) "Special election" means any elec$ion called by the
boar°d for submission of public questions, sueh election to be
held on a Tuesday othew than a regular electicn daye
32-12°104. Territorial re uirements for rail d-istriets.
(1) A rail district may inc u e any or a o t e$erri ry
of one or more counties, as aiay be proposed, if each county
has sorae contiguity with -another county within the rail
dlstrict or proposed rail district.
(2) The boundaries of any rail district shall not be
such as to create any enclade.
32-12°105e Petition for formation. (1) The fomation `
of arail district s a be iraitiated y a petition signed by
registered- electors of the proposed rai] district in nunber not less tPian five percent of the votes cast in the proposed
rail district for all candidates for the offiee of secretary
of state at the last preceding general election. Such
peta ti on shai l be fi 1 ed wi tti the di stri ct court of the eounty
which has the largest population within the propased rail
district and a copy thereof delidered to the organazational
commission uporu its appointment by the court. In addition, a
eopy tbereof shall also be filed with the divisiora of local
godernment in the department of local affairs.
(2) (a) 7he petition shall sLaY.e the name proposed for
, the rail disgpieta shall eonfi.ain a description of the
territory to be i ncluded withi n the boundasi es of such rai'@
districte shall list the counties and municipalities or
PAGE 3-IiOUSE BILL N0. 1149
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portioaa$ ttiereof to be Sncluded withan the rail distr7cts and
shall also 'state the pvoposed rail facalities to be acquired
and operated. (b) Upon filing ol` such petitiona $he court shall fix a
time not 7 ess than twenty nor more than forty days after the
petition is filed for ahearing thereon> At least seven days
prior to the beawing dat.ea the clerk of said court shall give
notice by publication of the pendency of the petition and of
the time and plaee of.hearing thereon. At the heaa°ing, the
' court shall determine whether the requisite number of
registerpl eleetoes has signed said petitione No petition.
. with the requisite signatures shall be declared doid on
`account of minor defects, and the court may at any time pemit
, the petition to be amended to cowrect any defects thereine
(3) If it appears at the conclusion of the hearings thag
the petition confoms wit.h the requirements of this articlefl
the court, by order entered of record, shail appoint arail
district organiaational cortmission according to the procedures
required under section 32°12°106.
(4) At the. time of filing iGhe petition or at any time
subsequent thereton and prior to the time of hearing on said
petition, a bond shall be filed, with seeurity approded by.the
court, or a cash deposit made sufficient to pay a11 expenses
connected wi-r-h the proceedings in case the organization of the
rail district is not effected. If at arnr time during the
proceeding the court is satisfied that the bond first executed
or the amount of cash deposited is insufficient in amounto it
may require the execution of a? addi"Cional bond or the deposit .
og additional cash within a titne to be fixed, not less than
4.en days distaanta and upon failure ofi the petitioner to
euecute or deposit the same, the petition shall be dismissed.
32°12°106. Court a oints or anizational commission and
el ecti on eorrumi tter. _ e court sha appol nt an o i.
ncna er of at least give rail district organagational
commSssion members selected from the piernbership of the
goveming bodies of the counties and munieipalitaes having
territoay aithin the bounciaries of the proposed rail diste°ict,
subfect to the following limitation: If ghe proposed rail
district is comprised of more than one county or partion '
thereof, na more than a majoPity of the meaibers of the
organazationai commission shail be wesidents of any one eounty or any one municipality9 and at least one member shall be
appminted grom every county situated tdholly or partially
within the boundaries of the proposed rail districta If the
proposed rail district is within the boundaries o` only one
. c0unty and includes one or more municipalitiess at least two
members shall be residents of one or more mun~cipalities
bi$hin the county.
PAGE 4-HOUSE BILL N0. 1149
(2) (a) A$ the hearing specified in section 32°12°105
(2) (b)D the court shall appoint the county clerk ard rec~order
of eacb county located. a+bolly or partially within the boundaries og the proposed rail district as members of an
e~ection comaittee to admiraister the e,ection provided for in
the fomation of such rail distriet and shall withira seven
dajrs of such appointment notify said county clerk and
recorders of their appoin$„ments. '
. (b) A majority of the county clerk arad retorders. shall .
. constitute a quorun. A chaivman shall be elected by the
county clerk and reeorderr - at their ilirst meeting, who may
- call additional meetings as necessary to ,accomplish the
puwposes of the election committee. .
32-12-1n7. Rail district or anizationa] coaunission.
(1) The raiT district organlzationa comm:ssion appointed
pursuant $o section 32-12-106 shall meet within twenty days
after its appointmment on a date designated by the district.
courto The rail district organizational commission shall
elect a chairman and a vi ce-chai rman from among i ts membersh1p. Further meetings of the commission shall be held
upon call of the cha5rman or a majority of the members of the
commissione All meetings shall be open to the public. A
majority of the commtssion shall constitute a quorum. The
commission may adopt other such rules for its operations and
proceedings as it deems neeessary oa- desirable. Niembers of
the commission shall receive no compensation but ma,y be
reimbursed fow necessary expenses incurred during the
performance of their official duties as arganizational costs.
Such organizaicional costs taay be paid from the bond or cash
depostit provSded in section 32-12°105 (4) if the organization '
is not effected or by the rail distriet if the organization is
effected> '
(2) (a) The rail distwict organizational comnission shal l determine which rai l faci) i ti es ar°e to be acqui red and ~rehabilitated and what rai.l serbices are to be provideda
4,ogether tiith the maximum ad da]orem tac mill levye if any, necessaay to scapport such acquisition and rehabilitataon by
the proposed rail district upon iis fomation9 subject to the
approval of the qualified electors as prodided in this
ae°tici ee •
(b) The rail district organizational commission shall .
degevmine the manner in which the rallroad -facilit'y
acquisitions and sereices are to be submitt.ed for consideration by the quaiified elgctors at the formation
election to be called by the district court, as provided 'in
, section 32-12°108o Prior to the submYSSion of the repoirt to
the district eourt, pursuant to paragraph (a) of subsection
(3) 0f $hl S SeCt10n, the Go0m15510t1 Sha1 l COf1dVJC$ a publ) C
h~aring and cause notice to be publishedD sta$ing the time and PAGE 5-HOUSE BILL N0. 1149
plaee og such pub]ic hearing9 and shall apprise the qeneral
publie of its rfght ta attend the hearing 'and make coaments
regavding the proposals to be placed on the ba]lote .
. (3) (a) Wit,hin ninety days aftep its initia9 meetings
the commission sha11 present to the district court a report
li sting proposed rai lroad faci 1iti es t.o De acqui red arsd
• proposed services to be considered by the doters in each
county ineluded in the a-ail district. A majority vote mf the
members of the rail distric5; organizational cormission sha]l
' determine the proposed railroad facilities acquisitionsD the .
~ proposed sereices, and the a4xfmcaa mi11 1evy t~at shal1 be -
pwesented to the voters for their approval or reaectione
(b) The commission report shall also divide the rail
district into five zones of approximately equal population in
accordance ari th the provisions of section 32-12°109 for the
purpose of e1ecting candidates to the Daard. lhe boar°d shall
consist of seven mem6ersa including one member from each of
the fibe gones and two at-large members. Such zones shall be
ncsmbered eonsecutively starting with number one, and the terms
of office shall be as specified in sectiora 32°12-109e
(e) The coamission shali speeify the date for a special
electYOn gor formation ofi the rail distrietp but if the
organigational conmissZOn°s repovt is completed not more thara
^one hundred eighty days and not less than eighty days before
, the next general electiona said election may be held jointly
with the next generai e1 eeti on e
(d) The rai 1 di strict organi zati onal comrni ssion sPtal1 be
. dissolved as og the day on which $he-election is held pursuant
to section 32°12-108o
32-12-108. Eiec'tion for formation ° ac uisttians °
services - mill e 1mit - oa . a it in seven .
. ys a er receip o t e_ rai istrict organizational d
' commission°§ report9. the district court shall direet the '
election cammittee, as provided in settion 32-12-106 (2)a t.o
conduct an election on the date •designated by the
organixational commission for the purpose of deciding whether a rail distract is to be fomed9 to pwodide an oppot°tunity for
the eoteers to approve the proposed railroad faeilities to be '
acquiuedfl the maximum mill leby, and the serviees proposed for
the rail dis$ricta and to elect the board of directors of the .
rai l dist~icte
(b) The court shall direct the election eommittee to
publush notice thereof wfthin seven days of sueh directive and
at least sixty days prior to the election settSng forth the
list of proposed railroad gacilities acquisitions9 proposed
serdicesa and maximLm mill levyy9 and the. requirements for
nomi nati oao to the board as dgtermi ned by the organi zati onal
PAGE 6mH0USE BILL PeO. 1149
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a > e . . , e
. eommission in conformaty wrif,fi the provasians of section
32-1-807 to the degree applicab7ee
(2) A second notiee of the election shall be published
between ten and twenty days before the election by the
. election dommitt.eefl shall include the names of the candidates
nominated far the first boardD and shall again list the '
proposed aequisittons of facilitieso.the proposed servieesD
. and the maximum ma1l ledy.. . .
_ ~(3) A$ th~ electionfl qualified electors shall "aPProve'
or~ disapprovethe formati on af the rai 1 di stri ct, . ttue '
rai9road facilities proposed to be acquired; the serviees
proposede and the maximwn mi11 levy, and shall eiect
candidates $o serbe on the board of directors of the rail
district . The candidate receiving the high@st number of votes
within eaeh zorae shala be eleciede and the two candidates
receieing the highest number of votes within.the entire rail
district shail be elected members at largee In the event of tie botes for the last available vacancv fos° the boardD the
comaaittee shall determine, by lot the person who shall be
eles4ede No rail district may be formed, no facility
acquired , no serbice establishedn and no maximum mill lev)r
established unless approved by amajority of the qualified
electors voting thereon in each eountya or portion thereaf,
tuithin the rai] district.
(4) Within seven days following the electiana the
comnittee shall certify the results of the election to the ~ court. If amajority of the qualified electors in each
county9 mr portion thereof,-voting theraon approve formatione
the sourt shall declare, by order° entered of record, that the
rail districg is fomed in the corporate name designated in
the petigionfl and sha11 designate those railroad facilities to
be acquiredn the seryices to be provided, and the maximtxa
. .mi11 levy whIch were authorized by a majority o; the qualimaed
el.ectors voting $herean in each countyn.or portion thereof, at ±
said eleetion. Upon the filing with the court of the oath of
office of membee°s elected to the board, the court, by order
enY.ered of reeoxda shall declare, the a?embers of the board
e1~~d and 9ualigiedD and the formation shall be complete.
AQ suCh tame the election committee shall be dissolved. The
baard shall be charged with acquiring, rehabi,litatingn and
operatimg those approved facilities in accordance with this
artlc7e. .
(5) The entry of. art order for°minq a rai l district shai l .
finally and conclusivei,y estabiish its regular fomation
against a11 persons except the state of Colorado, which may
eomnence an acti on i n the nature of quo wamn#.oswitha n
thirty days aftep entgy of sueh order, aard not otherwise.. The
fmrmation of the rail district shall not be directly or
collaterally questioned in any suita aCtlOfls or praeeeding,
PAGE 7-HOUSE BILL N0. 1149
-
o . .
e .
' • e
eaccept as expressly authorized an this sectiona . (6) All necessary expenses fine the elertiofls and other proceedSngs conducted pu:suant to sec$ions 32°12-106 and
32°12-107 and thi s secti on e i ncl udi ng the eacpenses and .
re1QaDuPSemeR$s f0r the OY°9dt11Zd$lOt1al cOlOl91SStOi9D Sh311 b@
paid fv~m the bond or cash depos~t required pursuant to
gection .32°12-105 (4) if the organization is not effected or
by the rail distPict if the organization is effectedo
.(7) Within fifteen days after the entry of the order
fomi ng a*rai 1 di stri ct9 tite c7 ee°k off the court shal1 fa l e a. copy of thhe decree with the board of county commissioners and
the assessor of each countyy, or portion tfiereof9 withan ttae .
rai 1 di stri ct and with the di vi sion of 1 ocal governraeent.
32°12°109e Board of directors. (1) The governing body
of $he rail distric s a ea board of directors in whhich
all legislative power of tite rail distriet is vestede The
board shall consist of seven meembersy give of whom shall
veside in and be elected by the qualified electors of thie
respectide zones and two of whan shal1 be eleeted at largeo
, 0f those members first' el ected athe terms for representata ves
grom odd-numbered zones and the atm]arge member receiving the
greater nuaaber of votes sha11 conti nue aanti 1 their successors
are eleeted at the second regular election thereafter and are
qualified, and the f eems gor these elected from even-numbered
zones and the other at-large member shall continue until their
successops are elected at the first regular election •
thereafter and are qualifiede Thereafter, all tems shall be
for four yearse Any qualified elector of the rail district
who resides in the rail district shall be eliglble to P?old
offieeo Notvithstanding any prodisaon in t,he charter of arry
muni ei pality or county to ttie contraryy, ~ayOTS y councilmerefl
tPUStees, and county commissioners may additionally hold
elective offace with the rail distract and be cosapensated as . provided in $his section. _
. . ~
(2) Ag least ninety days prior to the first regular
election after the gormation of the rail district, ttae board
may change $he boundary of any board of director zone within
the rail dis$ricte Thereafter, such boundaries way be changed
no more gPequently than every fouP years or after announcement
of the resuatrs of a decennial census. The board shal] zone
only by resolution passed by a aajority of the aembers el ecte~
to the bcavd, and any such rezoning shal1 be such as to
proeide compact gones of approximately equal papulation. No rraxoning shall extend or shorten the tem of office af any
me-mber of $he boarde
(3) The board has powers by appoieatment, to fi 11 ali
vacancies on the boardD and the person so appointed shall hold office unt~l the next regular elestion and unti] his successcr
PAGE 8-HOUSE B%LL NOe 1149 .
• ~ e' ~ b , e .
is ~~ected and -qualisied. Any person sm appointed $o
represent a gone shall reeside in the zone in which the vaeancy
occ~rred e If the tem of the member ereating the vaeancy
extends beyond the next regular election, said electaon shall
be for ghe unexpi red tem. .
(4) The board shall elect a ehairmsnD viee-chairraana
secretarya and such other officers as it deems necessarye The
. ghairman and vice°chair.man shall be menbers of the board, The
. board way appoint or convract foa° a chief administrator9 who
shall serve ab the pleasure of the board. The board shall
. prescribe by resolution the duties of said officers pursuant
to the powers granted in this articlee In addition to other
powers'prodided by resolution, the chairnan shall preside over meeta ngs of the board and shal l vote as a member of the board. (5) The board may provide by resolOuion for the
compensatiora of its membea°s which shall be the same per diem
campensatiora as provided in section 2-2-307H C.ReS> 19738 for
members og interim legislative commitLees for each day a
member is 81eCeSSai"11y engaged in the business of the district9
an addition to the reasonable and neeessary exxpenses incurred
by each memb~r whi1e so engagede Fxcept for the initial
boardn the eompensation of a member shall not be increased nor
daminished during his term of office.
(6~ Except as speeifically provided othe~ise, a
majoritoe board members shall eonstitute a quorumy and a
maaority og the members elected to the board shall be
~ necessary for any action taken by the boardn except that a
majori$y of a quorum may aCjourn from day to daye (7) In addi ti ofl to any ac`t..s of the board speei gi cal 1y
reqU1 Yed 8i.0 be dCC0fi1p115hed by re501 Ut10na any action adopting
, or revising a budget or establishing the administratide
organigation and strucCure shall be passed by resolution. At least six days sha11 elapse: between introduction and final passage of a resolution. Such resolution shall mot take
effcct and be engorced until the expiratian of thirty days
a¢ter -final Pasgage except resolutions ca119ng for speeial
electiors or $hose necessary to the immediate preservation of
the pub7ac health or safety, whicPa shall contain the reasons
making the same necessary in a separate section. All other
act1 ons mf the board may be accompl i shed by fnoti on.
(8) Any board meembep may be recalled from office
pursuant to the prodisfons and subject tb the eonditions ,of
sections 32°1°906 -and 32°1°907.
(9) It is the duty of the boap°d to eaaaply with the
provisioru og parts ga 3p and 6 of artiele g og title 29s
CoReSe 1973. is the further Quty of the board to publish'
the results of fts annual audi$ statement or report whlch
PAGE 9-HOUSE B%Ll N0. 1149
, - •a ' . . . ~
<'G o e
shalg be _ certified by the per'son making the audits or by the
board,' a f unaudb ted a 1n 0112 1 SS ue of a newspaper of 92t1@ral
cirrculation in the rail distoiet. Such publication shall be
ho 1 ater than thi rty days fol l owing compl eti on of the audit
statement otr reporte
(10) The fiscal and budget.,year ior all. rail. districts
ojrganized or aperating under the provisions og this article
shall be grom January I through December 31 of each yeare .
•32°12-110. Gener°ai. owers. (1) The rail district shall
be a body corperate and a po itaeal subdivisjon of the statea and the board has Ithe following general powerso
(a) To have and use a corporate seala -
(b) To sue and be sued and be a party to suats,:actionss
and proceedi ngs. The provi si ons of the "Col orado Governmentfi.al
Imnunity Act°°s article 10 of title 24a C.RaSa 1973H shall be
appiicable to any rai] districta or etnployee"thereofa"forraed
undew tPtis arti cl e.
(c) To enter into contracts and agreements affecting the
affairs of the rail district and to accept all funds resulting
therefrorn pursuant to the provisions and limitations of part 2
of article 1 of tit1e 29D C.R.S. 1973;
(d) To contract with private personsD associations, or
- corpora$ions for the provision of aray service relat.ed to the
. operations o# the rail district within or without its
boundaries and to accept all funds and obligataons resu]ting
tlfl$'ef9'A01 a ,
(e) 7o borrow money and incur indebtedness and other .
obligations• and to edidence the same by ceriificatesg notes9
or debentures and to issue general obligation or revenue
bondso or any combinations. thereoffl in accordance with.the ~
proes isions of thi s arti clea . ,
(f) To refund any bonded or other indebtedness or
speeial obligations af the rail distriet without an.eleetion
in accordance with the provisians and limitations of this
ariticl e D .
(g) To acquiren dispose of, and encumber real and
persAnal property, including, mithout limitations rights and
interests in property, including leases and easementsD necessary to accomplish the purposes of the rail district9
(h) To acquiren construct' equ1p, operate9 ~habilitatea
~d maa n~i n ~tose rai 1 faci 1 i ti es as autho~°ized in section
32°32°108 tO accomplish the purposes of the rail district9
PAGE 10°HOUSE 6gLL PIOe I149
• •So ' ' '
Y , e e
$ (i) To opera4e such aequired faeility itself mr
sub«ntras$ such operation to a pridate or comnon earrieen
To have the managements control9 and supervision og
all the business affai~s and properties of the ra91 districtfl
(k) To hire and retain agenbsn employees, engineers9
agtorneys, and financial or other consultanfs and to provide
, for the powersD duties9 and quali`ications thereofy.' . (1) To constructn establishe and maieate'n works and
. fSC1Aib1eS 1PSD across, or along any easement dedicatedto a
public useD or any pubiic street, road, or hlghr+aya SubjeCL 4o
the provisions og section 32°12°3.11n and ina tipon, or over any
vacant public lands9 whieh pubiic lands are nowD or may
become9 the property of the state of Colorado, and to
construcg, es vabl i sb a d(1d mdl t1t31 Pl bIOPOCS and faci 1 iti es i n,
acrossa or along any stream of water or watercourse, however,.
in the eacercise of such powersa the rail- distriet snall not
_ dispiace .or gowce the welocation of publie utility facilities
exeep$ by agreement between Vhe district and the public
utilitya .
(m) To' provide for the revenues needed $o finance the
. rail dis2rict, subject to the limitations of this article9 to
fix and grom tia?e to tine inerease or decrease and to collect
, ratesa fe6s, tolls, and other serdice charges pertaining to
the serviees of the wail distriet, includfng without
limitation minimum charges and charge5 for availability of the '
gacilities or services e°glating theretoa to pledge such
revenues for the payment of securities; and to enforce the
collection of such revenues by cidil action ar byr any other
means authorized by iaw; (n) Yo adop$ and amend bylaws setting forth rules of . procedure fop the conduc~ og its affairs and providing for the ~administra$ide organfzation and structure of.. the rail
district9 consistent with this articlea (o) To adopt by resolution regulations not inconsistent
witb state law which are necessary, appropriates ar incidental
to any authorized service provided by the rail tiistrict. Said
regulations shall be compiled*and kept by the secretary so as
to be readily aeailable for publie inspection.
(P) T0 appoint citigen advisary committees to assist and
addise with respecg to sereices and power°s of the rail
districtfl
(q) To accept on behalg of the rail distr°ict giffsa
grantsa and cofleeyanees upon sueh terms and coraditions as the
boa~ ~y apProve9 e PAGE 11-HpUS€ BILL NOe 2149
f • b .
TA have afld exercise all rights and powers necessavy
to or implied grrom the poarers granted in this articleo
32°12-IUa Powers to 6e vicercised without franchise °
conditione (g) he board has author1 ty, wi thout the
neessiTy- of a fsanchisea to cut into or excavate and use ary
easemerats dedacated to a publie ase or any public streeta
roada oF' F1ighway puU'SUdPI$ to tf1e construeti on y aai ntenance, or
provgsion og services prodided by the rail distrieto
(2) The -1 egi s 1 ati be bod,+ or other authori ty havS ng ~jurisdiction odet° any such publfe streetn roadn or highway has _
. autbority to make such reasonable rules as it dee.rns necessary
in eegard to any such-work or use9 and may require the payment
of such reasonable fees by the rail district as a,ay be fixed
by said body 2o insure proper wes2oration of such streetsa
iroadsa or highways.
(3) When any such fee is paid by the rail district, it
shall be *the responsibility of 'Ehe legislative body or other
authoritjr fio promptly restore such street, road9 or highway.
If such fee is nog fiued or paida the rail district shall
procaptly restore any such street, road, or highway to its
fomer condiLion, as nearly as possible.
(4) In the course of sucH eonstruction, the Pail
district shall not impair the normai use os any streetfl roada
mr higtway more than is m2asonably necessary.
32°12e112. Limitations. (1) No rail district shall
purehase any real property, oe° any le§ser interest thereina
wiithotat girst submitting the propesi.tion t.o a vote by the
qual i gi ed e1 ectors of. 4.he rai 1 di stwi et and obtai ning the
approval of a majority of such electors voting on ghe issue.
Any sueh -election may be held separateiy or may be .
consolidated and held concurrently with any oY.her election
authoriged by. thi s art;i cle. . ,
(2)' A rail distr°itt shall have no poa+er og eminent
dmmaino
(3) A rail district shall be subjeed ts tPe proeisions
Og pdrt 3 0f artiCle 1 off ti`le 29n C.R.S. 1973a (exCept
secgion 29-1°303n C.R.S. 1973) to the ex4.ent sucP~ provislons
are applicable.
32°12m113. Revenues of rail district - eolleetion. In
any rail distrieta a watesa ees9 to sn an c arges shall
eonstitate a perpetual li@n on arad against the property served
un$il Pai d, and any s uch li en .may be enforced by cieil acti on
or by any other a?eans authorized by law. 32°32°114e Levy and eollection of' taxese (g) To.
PAGE 12-NOUSE BIIL N0. 1149
paodide for the levy and colleetiofl of taxesa the board shall
deteemi eie, i n each yearra the amount of money necessary to be
raised by taxation, taking into consideration other sources of
~evenue Ag the rail district9 and shall fSx a rate of levy not $o acceed the mattimum mill levy authorized pursuant ts sectaon
32°12°I08 Eahich a when 1 edi ed upon al 1 taxabl e propertj+ wi thi n
the Pail distwi ctp and togethep wi th other revenues, wa 1l
raise the amount cequired by the trail distriet annually to
supply funds for paying expenses of organiaation and the cost.s
of constpucting,'operatinga and maintaining the rail district, .
and proerptly ito pay in fu119 when due, al l int.erest ona the - prineipal ofa and any redemption premium of bonds and other
obligatiofls of the wail district payable.from `i.acese The'
authority og the boar°d under this section is subjeet W mill
7 evy 19 Ql1$att OPIS provi ded i n thi s ar$i el e a but ifthe boar°d
detemi nes titat the maximum mi 11 1 evy authori zed under thi s
article is insufficient to support any serwice of the
district9 the board may subrait, the question of aaa ancreased
mill ievy autharization to the qualified electors of the rail
district at the next regular or special election of the
district9 and each such election shali-be hel.d at least one
hundred twenty days after any precedirtg election of the rail
districtp and no more than tao such e1ect9ons toneerning an
increased rai•l levy authorization shall be held in any yearo
(2) The board may apply a portion of such taxes and
other revenues fop the purpose of treating a reserve fund in
such amount as the board may determine, which onay be used 4.o
meet the obligatians of the rail distriet for naintenancea.
operating expensesD depreciation, and improvement of the
~ facilities og the rail district.
(3) The board, in accordance with the §chedule
prescribed by section 39-5°128, C.R.S. 1973a shall cewtify to
the board of county comaissioners of each county within the
rail dSs2ricta ow having apor°tion of its territory within the
rail districtD the rate so fixeda in order thata at the time . .
and in the manner required by law for leeying taxes, such
boawd of counity coamissioners shall levy such tax upon all
tauable property which is located witbin the rail districte
(4) All taxes ledied under this article, together with
inteerest thereon and penaliies for default in payment thereofa
and a11 costs og collecting same9 shall constiitute, until
Palda a Perpetual lien on and against.the propertyn and such -
1 i era shal1be on a. pari ty ari th the tau 1ien of other genee~al ad daloe~ gauese '
(5) Property taxes proeided for in this article shall be
leeieds assesseda collected, remitY.edn and accounted foa~ it~
~t:he aanner provided for other general ad valoresa taaxes.
(6) T"he board has the poaer to deposit or to lnvest*'
PAGE 13-HOUSE B%LL N0. 1149 .
§ • e
S e o 0
surplaas Nnd: in the manneP and form 4t det.ermines to be most .
advantageousfl but said deposits or investments must meet the
wequiremerets and limitations of part 6 of artiele 75 of title
24s C. R. S. 1973e For the purpose of waking sueh deposits, the
- board may appeint, by wri tten resa1 ati on a one or more penons
go ac$ as custodians og the moneys of the da stricto Sucla
pe~ons shall gi de suwety bonds in such amounts and fors and
gor such purposes as the board.pequires.
(7) The board has the power .4,o aeeept on behalf mf t.ht.
rail district aql funds tendered i$ fti°om the statey the
federaY joverementa or any palitieal subdivision or agency of eithePy rihich funds are specifically 1ntended as ineentive to9
op assistance 9np the formationa operaiiona'or extension of .
rail dis$ric$ actiditiese
(8) No 'rai1 da stri ct shai 1leby a tax gor the enti re
di stric$ for the cal endar year dur9 rag whi ch i t shal l have been
formed unlessn prior to the date specified by section
" 39-5°I28n C.R.S. 19739 for certification of the rate of levy
for saach yeapD the assessor and.board of county commissioners
af each county within the rail district have received from the
board amap and. a legal descriptioaa of sueh rail district, and
a copy of a budget ofi such rail distriet as orovided by
' seGtion 29-1-116, C.R.S. 1973, and increased property tax
levies shall be subjecv to the prodisions of section 29°1°301y C. R. Se 1973. 32-12°115o Powew to issue reveflue bonds = termse
(1) To carvy out e purposes o tis artic e, t e 56ard as
authopiged to issue negotiable coupon bonds payable solely
. from the revenues derived, or to be derivedn from the facility
ow combined facilities og the rail districta The ternas
a
rnnriif:infls, and details of said bonds, and the pa~ocoduree
relaged thereto sha]1 be substzrtially the game as those .provided in part.4.of awtic7e 35 of title 31s C.R.S. 1973D
relatinQ to water and sewer_revenue bondsy except that the
,
p.urposes gor~ wfii ch the saaae way be i ssued shal I not be so
1 fmited. Revenue bonds and i nterest coupons aif ary9 .
aPP~~tenant thereto snal l never consti tute a debt or
andebtedness og the raii d9sgrict or any eauntye municipalityD
OP AtheY' pOlig1Cal SUbd1b1510f1 ~f th15 StaL@ bdi$f17n the
meaning of anyy provi si oa or 1 imi tati on of gPoe stat.e
COns~~tut'on or s$atutes or any home rule charter and shall
not cons~itute nor gi ee ri se to a peceani ary qia.bi 1 i ty o€ any
such rail dis$ric$9 countya munieipalitjry or political
. subdivision og 4.his sgate or a charge against its general
credi$ or taxing pod+ers. Each bond issued under this section sha]~ ~~ite in substanee that said bond9 including the
iaateve$t .thereonfl is payable solely grom the revenues p7edQed
for the payment thereof and that said bond does not constitute
a debt of the rail district within the meaning of ary
constataational or statutory li~itat9ons. or provisionse Suefi
PAGE 14-HAUSE B%LL N0. 1149
. ~ . ; .
reeenue bowds may.be issued to mature at sueh times no4
exceedi ng the esti mated 1 a fe of the faei lity to be acqcai red
with t8ae bond proeeeds aas detemi ned by the boarda but tn no
eeent beyond thiwty years from the~r respective datese
(2) Negotiable eoupon bonds payable fs°om revenues deri vedflor to, be deri ded n from a faeili ty or eaobi ned
gaeilities og the rail district as authortzed by subseetion
. (I). of this seetion.aaay f~rther be secaired by and be payable
grow tu pevenues of 4,he rail distwiet to the satne extent as
genea°al obligatian bonds authorized in section 32°12°n6o The
form, tems, and limitatioeis on said bonds shall be as
speeified in section'32°12-116. The question'of the issuance
of said boflds shall be submitted to and approved by th@
qualified electors of i~e rai1 distriet eoting thereone as
proeided by section 32°12°1.17e 32°12°n6. Power to i fleurr g ndebtedness =Interest ~ maturf~ ° denominations. o carry oe purposes oi5 aa^t ceD tfie-15-a-R. i s authorized to i ssue general
obliga$ian negotiable coupon bonds of the rail distrScte, Said
bonds shall beap ieaterest at arate such that the net
effecgive interest rate of the issue og said bonds does not
euceed th~t maximum net effective interest rate authorizeda
and shall be due and payabie seria11y9 either annually or
semiannually, commencing not later than three years and
extending nog motre , thata thi rty years from tlae date of
i ssuance_ The form arad ternas of sai d bonds ninc7 udi ng
proeisions for their payment and redemptiowe shall be
determined by the boar°d. I f the board sa determi nesasai d
bonds may be redeemabl e pri ot- to mst.uri `y wa th or wi thout
Pdymen$ vf - a premiuan not exceeding three percent of tfie
principal thereof. In arry event, said 5oeads shall be subject
ico call not later than fifteen years fr°om date. Said bonds
shall be ececuted in the name and on. behalf of the 'rail
distric$ and signed by the chairrnan with the seal of $he raal •
dist'rict affiued thereto and attesfi.ed by the secretayy. Said ~
bonds ~ sPa11 be i ssued ini such denoaii eaations as the board
determa aaes 9 and. the bonds and coupons, i f. any, thereto
attached may be payable to bearer or way be in fuliy ,
registered form. gnterest coupons shall bear the original or
facsimile signature of the chaivman.
(2) 6onds voited for different purposes by separate
proposi$ioras submitted at the same or different bond eleetions
may9 at the'discretion of the board, be combined and issued as
a single i sstae of bonds so lmng as the security therefor i s
the sameo
32°12-l17o Debt uestion submitted to voters ~ .
resal utione •(I) ldhenever te board deicerm nes by 7eso utl on
~hat the interest o€ the rai l di stri ct and the publ i e Inter°est . .
or necessity deraand the acquisitioaup constructionD •
PAGE 15-HOUSE B%LL NOe U49
.d e o :
a e
o , .
f
installa$iowa `or CoWletion of any wPOrk or other improvements
• or gaei 1iti es9or the aiaki ng of aeiy contract td caary out $he
mbjects oP purposes of said rai] district sdhich requim the
caeation og any indebtedness of the rail distriets said board
shall order the submissian of the proposition of incurring
such indehtedness to tae qualified electors of the rail
district a$ an election held fow that. purposeo Any sueb
election may be held separately or nsay be.eansolidated and
held concurr'ntly.with any other eiection authorized by th1s
ar°ticleo
(2) The dec7 arati on of publ ic i ntere;; c or neeessi ty .
- required and-the provision for the holding of such P-lection
may be included aithin the same wesolution9 which resolutfona
in addition to such declaratian of publae interest or
necessitya shall recite the objects and purposes foa°which the
indebfedness is proposed ta be ineurredp the estimated cost of
the worksn improvemeflts, or faei 1 i ti es 9 as the ease may be n
th@ principal amount of the Sndebtedness to be incurred
,$herefor9 arad the aiaxfmum net effective interest rate to be
paid on sueh indebtedness. Such resolution shall also fix the
date upon which sa,ch election shall be heldn the manner of
. ho9drong the sameD and the method of voting for or against the
incuwring of the proposed indebtedness.
32-12-118. Effect ° subse ueng elections. g~ any
proposition authorize Dy section 2- - is apProved by a
major°i$y og electors voting thereonD the rail distriet shall
thereupon be authorized to incur sueh indebtedness or
~ obligattonsn enter into such contractsD or issue and sell such.
bonds of the rail distPictD-as the case may bep a1l for the
purposes and objects provided for in the proposition submitted
undep said section, in the amount so provided9 and at a price
and a$ a rate of interest such that the maximum net effective
interest rate recited in the resolution 'is not exceeded.
Submission of.the proposition of incurring such obligataon.or
bonded or other 'indebtedness at suc,h an eiect%on shall not '
predent or prohfbit submission. og i'che Satpe or other
propositions at subsequent elections.called for such purposey
but na new @1 ecti on creating an i ndebtedness may be held
t+ithin one hundred 2wenty days after the date of the election
a$ whieh a proposal was defeatede Mo moee than gddA such
elections may be held w;thin any twelee-month periode
32°12°119e Correction of fault notices %n any case
where a no$iee is probi e fouTn t is art'c eo if the court
or the bmard reviewing fi;he proceedings firads for any v°eason
tha$ due no$ice rras not gi een, sai d body shal l not thet°eby
lose jurisdictyon9 and the proceedfngs in questaon shall not
thereby be doid or be abated9 but said body shall order due
notice ta be giben, shall 6ontinue the proceeding unti.l such
gime as notiee is proper7y giben, and thereupon shall proeeed..
as thougPo notice had been properly given 8n the first
, PAGE 16°F90USE B%LL NOe 1-149
. .
1! b p
o . -
O
o '
181Staf8Ce, '
• 32°I2°120, Refundin bonds. Any bonds issued by any
rail district May e re un e"thout an election as provided
in artitle 56 of gitle gga C.R.S. 1973e
32°12°121. Antici ation warrants. The baard may defray
any eosts og tJie a-aa di syr-IMETy the i ssuance of notes or
warrants•to evidence the amount due therefora in antfcapatBOn of tates oP. revenues or both. Interest on such notes or.
.
aarrant,s shal'8 be governed by the provisions of section -
5°12-104s 'Ce R. S. 1973. Nof.es and warrznts may ma'ture at such
time na$ exceedTng one year from their date ef-issuanee as the
boawd may determine. Yf such notes or aarrants are not paid
dur°ing the fiseal year fn which they awe issueda the board
sha71 D at the end of its fiscal yeara budget the amount
necessavy to pay an full the amount of notes and warrants
outstanding and due durong the next giscal year. .
32°12-122. gnclusaon of additional territc in existin
rail dastriet - proce urese rocee ings or 'nc usaora o a portion of a county o°portions of tao or more eounties or an 'entire additional countyD counties9 or a municipaiity, or
portion thereoga 1 n a rail di strict shal l be a n aeeordance
with the proeisions of part 4 of article 1 of thas title,
subjeet to tbe provisiony of this articlee Inelusion may be
initfated by petitions signed by registered electors in an
amount equal to at least five percent of the total number of
voters who cast votees in the area seeking to be included for
all candidates for 2he offiee of secretary of state at the
last preceding general electqono
(2) The board shal1 initiaice negotiations for the
purchase ancf-operation og the additional rail facilities in
the newly 9ncluded areae
(3) If neqotiatiens fail to acquire any additional. ~
avthori$ed pailroad faciiities, upora petition by the board,
fihe court shall order i:he newly expanded portion of the rail
dist~ict exc7uded.
32°22°123e Grant of o eratin rivile es and use of
wailroad and fae> >ties. ~cept as may be mtted y the
terms and coea 9tions 0f any graPta ioana or agt
authoa~iaed by 'khis.articlea arail district maY bY erac$nt
'ea$ea or otherdise, for such eonsideration and term as it ma,y
detemi rtey grant to any person the pri vi 1 ege of operati ng or
using any rai1road mr rai1 voad facf 1 i ti es oa- property owned or
controlled by ithe ra9 l di stri ei. No person may be gran'ted any
authority to operate a rai7raad other than as a common carrier
or swatchinQ sereicee .
32°12°124e e~rrancements for oDerati n~ a~d ~~v~ di n~
PAGE 17°HOUSE BILL 6d0. I149 .
• ' i r r '
. a
4Y ° o
O
- railroad servicee (1) The rail district may enter into
contractsD easesn and other arrangements for such tem as tPte
rail district may deternine with any personso
(a) Granting the pravileg@ of using or improving the
railroad or any porti on or faci 1 i ty or space for comerei al
purposesa '
(b) Conferring the privilege of supplying goodss _ coaunoditiessn serdicesa or facilities along the,rail.roada •
. . (c) PRaking availab]e services ta be fur°nished by. the
. rail district or its agents. ,
(2) In eaeh ease the district may establish the tems
and conditions and fix ttie charges9 rentalsy or fees for, the
privileges or sereices, whieh sha]1 be sreasonable and unifortti
for the same class of pribilege or servicee -
32°12°125e Publie u ose and neeessit for
acquisitions. gny an an o er pvbperty an privt eges
acquired and used by or on behalf of any rail district are
hereby declared to be acquired and used for public and
governmen$al purposes and as a matter of publie necessity;
howeder, public uta7ities raay acquire rights-of°way acros's or
ai ong such iand i ea accardance wi th thei a° powers of emi rteni
domaine
32°I2-126. Diseositiori of prope rail district. Except as may be Timited y the terms an con itions of -iny
grant, loan, or agreement made or received by t?e rail
districta a rail district maY9 by Sales leases or btherwisee
dispose of any of its property or portion thereof or interest
thereine
32-12-127. Dissolutioa. Except as otherwri se provided in
this aPticle, a raT istrict may be dissolved in amanner ;
. pursuantD as nearly as practicable, to the pe°ovisions of part '
7 of artaele 1 of thqs title. Dissolution may be $nitiated by
petitions siqned by registered electors in an amount equal to
at - least fide percent of the total number of voters who cast
dates waYha n the rai I da stri ct for al l eandidates for the
offiee og secu°etary .of state at the last preceding general
eleetion. No dissolution shall be effected unless apptoved by
amajoraty of the qualified electors of the raal district
voting thereon and unless satisfactory arrangements haee been
made for paymen$ of any obligations or' debts and for the .
continuation of an,y serbiceg esseratial fo~° t.te heal~a
~relfarea and sagety of residents of the rail districto
, 32°12°1280 Earl hearin s. A11 eourt actions indolving
the validity o any procee ing undew this article which is ~
~tter og imnediate public interes$ and cancem shall be
PAGE 18-HOUSE BILV. NOe 1149 '
!a, 6 • ° a . D
e O
P .
0' .
adba~d and heamd at the earl aest pracRacal momenta
32°12°U9e Electionso (g) Elections shall be conducted
as nearly as praetae ein the manner probided fop iea part 8
og arti c] e g o8' this titleo
(2) A1 l necessary expensas. of aey rai l di stri ct regular '
or special eleetion subsequent to the mrganization of the rail •
district and other proceedings conducted pursuant to said
. e)ection shall be paid by the wail: dista°iet. SECT%PM 2.' Saget clause. -The general assembly hereby ,
fi nds fl detemi nes, an decl ares that thi s act is- necessary fur
f,he iannediate preserrwation of the public peace9 healtha and
safety.
. ~ .
r edsoe SPEAKER 0F THE HOt~SE e PRESIDEMT OF
OF REPRESEMTATYVES THE SENATE
. ,
o
rraine . La a 7 /Marjo--r-W e nbec
4
CHIEF CLERK OF THE HOUSE SECREI'ARY OF ~ OF REPRESEAfTATINES _ ' TFlE SEAIATE
~ ~ .
APPRO!!ED
. . 1 Gh i'd . Ldm
GO!!E OR OF TOiE ST'ATE OF COLORApO
PAGE 19-FfOUSE 6ILL NO> 3149
O ' •
efPl
y ~a.. ~ ~ Ee - . _ . - . S~ ~ 89~
graT~sTA~ coe~tcg cor~sassgo~a'
-
Vi. ~ *
. .
. ~,,,1~
-FinaRce Docket Noe ..32760..
Pscific Corporstion, Union Pacigic Rsilrosd Company and
Y~as
souri Pacigic Rsilrosd Compsay--Control mmaad P4erges-°Southegss _
~ W Pacigic Rail Corpogstion, Southern Pacitac Transportstaosi .
~ Campsafy, S2. Loaais SautAaestern Railvmy Company, 'SPCSI: Corp." ixid-
~ The Daavcag axad Rio Grande• Weategsn.liailsosd Gompaxy-- ,
' AGEBdCY: ZngersQage Commeree Commassioaao
' , . . ...;r
. ACT%OR1: Deeisioa Hoe goNotice of prefilang aaotificataon and..., .
. ' gec~aesQ go- eammexitse . ' . .
- . . . . _ . . .
. SUMMARY:. Pugsusng go 49 CPR> 1180.4 (b),.. Uaion &aeific Cogpogatioa .
(UPC), Uxaion 'Pacific, Btailroad Campany. (UPRR), rligsouri
, PseiPic Railroad Company (MPRR) o Souttaem Pacific Rail eoxpor€a2fon (5PR),. Southeraa Pacigic Transportation
Company (SPT),, Ste Lcuis Southvestax-ii RailwaY CamPaxy .
(SSW) , SPCSL eorp. (SPCSI.), snd. The. Denver and Rie
Gsmade Mestegn Rai].rosd Company (DRGw)' 'have notified
tkse Cozmassion og t2Paeig intent go file an applicagion
seeIziaaq suthority eander 49 UeSeCo-`11343-45 for: (1) J,V;.
tPae scqaasitiosa• of control Af: SPR by UP Aequisftioaa Corporagian -(Aequisation), a:a _andirect wholly ' owased P 1 2 .
subsidi~-of -.YTPCs (a) ~e mez'9er :of SPR into UPRRr ~naic~°
-
by UPC,., :
(3) tPxe reslaltingcommon coratPOl, of ~UP :and SP - • .
TPa~ commission-finds this to be a majog tsansaction a.i:
defined in d% CF'R Part 1180. The applicants have. . : . , .
preposed aw praeedtiral schedul0,:. on vhicta the Co=ission-
ineites eomffiengs by interested persorase
DATES: Wgigt@n commerats on the proposed schediale must..be filed' :
' wig&a g&se: %ntegstate- commesce Commissbon aao later than`
Sepgembeg 19, 1993. The applbcarats° . gqply is dtae by_ .
SegiQember 38, 1995.
,'~tlu. • ' . . .
ADD1tFSSgs: An ogaqiaaal and 20 copies o-f a11 doeumests sust
gegeg go ~~nanc@ Docket Noo 32760 and ~~t be seng :
to the Ogfice of the Secretaxy, Case Coatrol'.'
` Bganclz, F?ttn: Finance Docket No. 32750, ~
• . %nterstste Coffinerce Commission, 1201 Coastigution
• Avenue, N.W., Washington, DC., 20423. In addition,:_.:..__..
' one. coPY of •all documents aaa this proceediraq mrast
be gBent to each of the :appbicants °
gepgesesaY.ataves: (1) ABVad E. atoach F-SQ
Covington b Buurliaag, 129l.Peaaassylesaaia Avenue, '
' LJPC, YTPRR, and P%PR%t are referred to colbectively as U-
Pacigac. UPRR and MM ase geferred to coblectavely as Upe '
$PR, SPTa SSE3~ SPCSg., aY1d DR~'sW Y3S@ $efag$@d $O C:Olll~ively
ss Southegn Paeigic. SPT, SSW, SPCSL, aaad DRGkI are geferred to.. `
collectawely-as SP..
iTPC, iJPIdlt, HPRlt, SPYt, SPT, S56d, SPCSL, asd DRGTd are geferred go collectiv@ly as applicaags og getigaoaaersa
Applieant$ ha~e petiraoned for wairreg og clagificatio€a of
the cflefinitaan af applicants so as to aacelude Chicaqo and Nox°th '&ae$gern Traasportagaon Company (CNWT) , Chaeaqo aad Narth Wastezta
Railwsy Company (CNN). an~ Westarn ltailsoad Psoperties
%neoa°poraQed (6MP%), thus eliffiinatinq gtae aaecessity of g8aebr ,
joininq in tPae filing og the application. CWAT and CNU1 age
scheduleci to be merged into UPRR on October g, 1995; WitPI was -
merged iato UPRR on August 1; 1995. .
2441•_*_Ai-~
Faaance Docket 'Rto. 32760 'y - - .
• - Al.ki. , P.O. b9ox 7566, 'G/as4xi.ncjtoeb, : DC- 20064 : 'antP ,
,x-~h.• , • _..._.._.....___......_,._.(2j psul A. Cunniaqham, Esq., liarkins Cunninqlsam, ' • .
1300 Rlin@tooatPs Street, NeVe., -Washfaaqtoaa, DC
20035. FOR FiJRTtEEIt %1VF'OPJMT%ORY 'COABr'T'ACT:-. - - - - . . _ _ .
: . ~,s•_ - -
&Rxyl "dordon'; -(gP) . 927m3610:e
[TDD gog rhe heazinq.impaired: (aoa) 927-5721.) .
SUPP ARY %RtFoRMA3'%oA]t -%n the Baotfee of interat tiled i~:•.;~__ .
Augu$t d, 1993, t8xe. applacuats state that usadsr an Aqreement ana '
Plan of Merger dated Augast 3, 2995,-tYPC, ]?cquzsition; iiP12R axsd
SPR havrp- ac~eed t8aat Acquisitiora arill acqxire. aall 'of tlae -cor°°aort - . ; -
_
stock og SPRe.. Acquisigioaa plans girst ^co acquire 25% of the
stoek of SPR fog cagh ia a` tender o!!eg arad place that mmtoelt in
votise sg in g~ie~s of'the me er a .
q ~ ~~q ~7 ~ , the Commissiora. ,
, Upon. sctse satasfaction of certaiaa conditioa9so -isacludinq approval "
of 4~~ mergeg by -the Commias$o€a; the =remafndar of the SPEt atock
will ttaea bm acqnired for a combinaeion -o! UPC stoelc aaad. casb,
and SPYt ebbb be mergad iat~* UP'dtR: Tlae'UP aaad_Sl..awilroads. viTl
then be coxasolidated. . . • . - . _ . . . . - -
_ _ . - ; . . _ _ . _ . .
The applicanes s . 4. ate--tPast they wig2 uss tae- grea~ 3.993 fog .
purposes of gFieig impact analyses to be- liled. isL the _application,
, mmnd thag,. taey axagicipate f ilirig theis applicatiora oa :,or .:befose - DeCeIDber 1' 1993 0`A81 AL1gB3s$ - 11 d' ~~995 o SSSIta Fe :PaC1fiC
_ Corporatios? aaad 5t'8ae AtcPaisoa;• Topaka.:=aaufl:-Santa .~'e Railvay
Company (eolleetiwely, Sarata-.~e) iled=:a..partial.objection- to the .
notice og bn2ent, obj ectinq =5co the ' tase of -1953 data in this .
proceediaq (SF-2) .1 Alse° ori ;Auqust 11,, . .1995 j~.-:.the applic4aats
f iled a sociigicstioa og their notice= -o.f antent:: (UP/SP-S' e: The ".applican4s stsge 2hat, if ttae 1994 %CC Waybill Sample is
avsilable by 5~~~egber g; 1995; they will - use. 1994- as..the, base _
yesg, and ~aag, iP ie is ~aoQ; they erilb e~se. 1993 0. ConsuYtatiAa .
with the Comissaon°s Otfiee of Economics aad Erivironmental
Analysis (OEEA) indicstes that the 1994 da4.a will be :avafllable by
Septembeg 5p,. 1993.~~y,T22saqt p ~is~g gheqcase, ~+e ~rill •requirbe~ghei ~q .
. I~~.pliCanbs `o u.~i~. LdEe d794 da~o AfI @ AOr some rlasonp ~ile ~ia466•-tYi::'
are noe svsil~le an tAat date, ve c~ill ~consider this bssu~r.at.
thse time. ' . . - . ' •
. " a oxr Augiast 4, 1995, the applicants ' f iled :2 -copy of - the .
• voting tsust aqg@ement proposed to be entered anto by and between
UPC, Acqaisagiosa, and Souttaaaest Bank of Ste Yoaafs, aaa. .
institutional.trustee. The applicants state that they belie`re
2hat Acqaisigion°s plmxaned purchase og 25% of the outstaaading
voeing staek og 5PR will net qive tJPC and its atliliates ths
power to exegcise eontgol oi' SPR and ita affiliatese tYowevsar;
. the applieaa4sz regr,ae$e taat eommission stafg issue an inf armai,~!;:_-:,
non-biadbnq opinion statinq,whether the votinq trust agreement
snd the ~a~aqemen~ contai.aed therein ~rill agteetively insulate. -
UPC and its afgilaates from any violation af the Iraterstats .
Commerco Act-aad Commfssion policy agaiaast unauthorized
accgui$itaon of eongral of 5PR ° s earrieg subsidiarieso = Sanga Fe P-a$eagialgy argu~s that, Por a traasaetiora as . siqnifican2 a$ gPabs one, gtae Commfssion should kaave aviflable the .
mo$t rebevsag ingormatbon necessary to assess chanqes gn gailzoad.
operatiaa$ and eampetftive impacts thst vfll. Zesu3t iram the
proposed graaasaegiaa.. Yg is Saata F'e °s position-that sore receaat .
dats dould pgowfde the Commission vitA tlae -mest relevant . .
informatiofl, ax~d that 1994 data will ~ avafl~lg in smple: gime • . .
for use gn_ ~aas proeeedb*
- . g:- - : . -
a
~
. - ~ . '
Fanance DocDcet N0. 32760
The Coffimission_ finds tke~t this i~ a majar traassetaon, as
defined at 49. CIFR 1180.2(a), as it is. a, control and aaerges
trsnsaction involving two or aoge class 3 railsosas. The application must conform t0 2he requlations set forth at 49 CF'R
Part 1180 and musg coataiaa .alb information .required tYaerein. for
major transactioas, exceept ag. nodified by any advaace waaver.
The carriers age.also requiredto submit msps-watti.ovezlays thst
- -
skso~r gtae exista8ac~ ..geut~._ of.: bo,~ earsaess- . -and" t
_ heir "competitors: .
;.T~.,_, . .
BY petigioa also giled Auqust.4, 1995, ttie applicaatg seek s
pratectirre order to protect confadential, hiqhly confidential,
anc1 proprietsry inforutioa, aneludang contgact tesms, ahipper-
specigic tgagfic data. =aad other traftic datra to be submitted in .
, consaection wi4.h tlae control applicatioae (ITP/SP°2) e . A proteetive
' order will ~ (antered an a saabsecguent decisiosao.:.....
Also on Augusg 4. g995o tlxe _applicarats filed a. petigaon to .
. establists a proposed psocedural schedule -(IIP/SP-4) . T2ae
commission a~eks comments 8aow on the applicara,t:s°...psoposed
procedural seheduge,: whieh gs• as I ollowso. ,
• - . . ..._._.,.4.-.' _ . - - . .
PROPOSED PRO~EMJRA%. SMDIM
_ -
.
(A/oIV 3 6F Primsry application aaad relat~_, app.licatioras .filed. ,
F¢ 30 Commission motiee of acceptatace pr~ry application
.
sad geIated.applicatioass.publa~taer8o.
: .
" - •
F ¢ 60 ~scriptioa of.-antiefpated .ineoa~sastent axad responsive.,applieations due; -petitions-,tos. ;eraiver.. or..clarifacation.:_` with gegard to suepa applicatioaes<duee
F ¢ 90 %acoaasistent: and . responsaw*--applications .due.: - - Al1 _ . . .
CommeftQS; proteSts•p-- Yeqlles$5 ffOY ~ GOIbd1t10E15, 8lld aYfy
otFaer opposition evidence .aaad- a t.s. duee : DOT andT,,
DOT eomaen~ due<, _ • - - - . w ~ _ . . - _ _ _ - .
. . - - _ . . , _ . . . -
105 Rtoticca og- aeeeptance .(if recynaired).' of ir?consistent. and '
respoasiva applicataans publasAed ire tlae ]Eedergl
. lReeri~9~er~o - .
F¢ 120 Response to inconsistexat and responsave applbcations
due. Response to comments,.psotests, gequested
• conditaoass, and otFaeg opposftion duee Rebuttal.in•
supgrort off pramagy application and related applbcations
' dia(a. _
F+ 130 Rebuttal in suppoa-t og incorasisteat and gesponsiwe
. spplicatioas due. . '
F ¢ 140 Braegs duQ, alg.parties (not to exceed 50 gages) o
F + 155 Oral argtaibent.
F ¢.156 Votiaeq conferenceo
F¢ 195 _ Dat(a gor serwace- og--ganal _decisiono.. .
Uaadsr the ffippbaesnts° propoaal; immediately aapon eac,&a
evidentaary filang,. the_filing party. staall place a11 docmQnts
relevant to tt?e..falang (otlaeg ttaan ,docwnents that ase.privileged
or o~erwise proteeted fron.discovery) in a deposito~ 'open to
all partaes, aaxnd staall make. itS. witnesses aeasilable for diseovnry
depositioas. _..Acees:s :to documensts s.isbjecg to, .gtae protecti-ve osder
shall ~ a~repraate2gc _ res~aeteEd o. dartfes seeDcinq discoeery
. cPepositaoaas-may proceed by agseemente Relevant excerpts _ot tgaascraP~s wibl be recaived in bieu of eroas=examinatfon at the
- - - - - - -.hesring, -ursless cross-examination is needed to gesolve material,
3
. , .
, . . - - _ - _ - Finance Doeket Rto. 32760
q .
issues of dispta2ed gset.° DiSeavery on responsive aad -
. inconsistent applications, comments, protests,.and reqaests.for,-.r_,
condations shall begia immedistely upon -tlaeag ~~~iaag • • . _ - : . ~_~.,z. .
The proposed sehedule 'as subseantially .3imilag to that=_:.adopted gecenily is? Burlington Northern Ync. and Burlinctcn.-..~.;:~a._
plol=hern Railr,oad Comnanv--Control and Meraer--Sante Fe Pacific,,f::;, _
Corooration and The Atchison. ToDeka and Santa -Fe Railwav .r..-.~:s.
Com~anv, fbaaaatce Dacket Iaoa 32549 (ZGC -sea~?ed 1~la~ta• 7, 2993) •
(BN/Santa Pr'C),e • .
- _ . _ - -s. _ _ _ . „ .
t~e would also like coamerats from the public on a vagiataan.,.s
• og the pgoposed praeedugal schedtale.o s. Based on otas secent . . . . . .
exp ~ esience ifl ~N/S~ ~eM e, ve beliave sthat ganrtaes 'filaaeg
. inconsistent and responsive applicatioaxs, commentso psotests,..y-s:ra
gequwsts gcg eondigaoa$, and ottier opposition evidence and . '
srquffients, may noe aeed 90 daya trom the date the psimasy
application is, giled to prepare their submissiorase :..3ie aeek .«~•s .
comments on the -2mnsibilit,r of parties liling descriptions
. sntieipa2ed incensistent and responaiee applications., and . . ~-c,.., : ;r. . • . .
petitions gor vaiver or clarifacation witla reqazd to aaar-h
applications, 10 dsys after the publication ot;:the. notice. ,
scceptinq the primsry apPlicatiorae A1l. ancoBasistent aad
responsivre appliesiions, co=ents-;'protests,.:.sequested.. - . ,
conditions, and otFxer opposition evidence and arqument would be ciue 30 dsy~ -agteg Y.2ae acceptanee of:t8e primary. application.
' Commenes groiR the tYnited Sea~~s Departmasat. of_Justice (DW.) and
ehe Uaitecl States Departmesat og Transportation (USDOT) would also be due oa thie dsy. T'he 30 dsys'takest :.trom the: seqmeat. of time..-:. .
in which protes2ing partfes vould- prepare -their.:aubmissioras would..: .
be inserted later in the sekaeduleao-=-::
The applieanQs age proposing -thst. any_ apPiaeat~ons gag
authority fog,-or-gor exemption ol.=merqer-selaY.ed•abandonments,
and snY supportiag verified:-stateaents;.be.filed.wit& tho
psimsry
spplicatioa, and be tgeaged as related applieationr.a:._.Tha.
applicsats galed, on August 8, 1995, a petitioa gor wairreg or clarification of the ltailroad Cansolidarion.Proceduses, and !os ' '
related relieg (iJP/5P°3).$n-wlxicA the}r asJc.foz :a e+siver undeg 49
. CFR -1152.24(e) (5) go permit nodifaeation.s 'to the pgocadtares and
tim~tables prescribed in our rules at 49 CF'R 1152e25(d) (6) and
(7), snd otheY. Pel ief , seetcanq ta ensure Qhat they are able to
mske the refereneed filing$ pertaininq to merger-selated.
sbandonmerits w3tA theprimary applicationo: Consequently,:. the
applicants c]esire that a11 'oppo~ition svideace,-eommentso . ' 'rebuttal, snd brieging on ttaose applications be submitted undez •
the same scheclule as the primary appli.catioea.. We will discuss
° %t is a?ot elear to wha . t Faearaaq the applicaats-'are
regerrinq. Theig prc°oposed sctaedaale proridas !og no_eridentiary ;
hearing, snci we $erz no need gog one at tFaas gime.
. = oa Auqust 14, 1995, The Kansas City Sou~ern 'itailway
Company (%cCS) filed comment$ on the pPOposed proeedural. sc2aedule
(KCS-1). YtCS claims that the applicsnts hawe aot. presented arty .
' justifica2ion for--expedftang•tAe :ehedule in this proceediseg `
without figst seeking public comaents oa the proposed schedulee KCS allege$ `ePaaQ ig Psas coneerns reqaxdinq its ability to conduct
discowery zr~d Scaggaefently analyze the eompstitiwe concnrns . ..::t.
wighia glae gime gxame applieants proposee lCCS erould l.ike gfine -to dewelop sa algerxaagivre proeedural scheduleo Secause- we are; in ,
fact, asBcing for comments geqardinq the applieant*° psoposed•
schedule, XCS tiigl taawe the 'oppAStunity to submit further : :
- comments ofl gkie schedule in response to g&ais nogicao The - ' . . _ '
applaeant$ giged'& geplgr go ItCS°s commerats on the proposed . ' . .
procecitiral schedule and discrnre~? quidelines on Augusg gs, gg95-,
(UP/SPmS),- ~ _ - - - - : _ - - _ _
4
F - - . .
. a , : - . _
~f_ . - . _ _~.J..c`_•7::..ba~,. - Fgsastce Doeket ABo. 32760.
.
'a . .
the applier~n . ts° gequest fiog relief with . reqard ts. merqer -related
absndorments . in -g~.subsequerat decisioae. addreasiaag::: all.:~of_ ;the
request$ in tTP/SP-3_0 - - - .
The applieastts also .-ge4uest 4hat tte. Commissiara _establispi'~` ,
cestaia guidaliaa": -to -qoverra discovery, ixa thia _ proceedirac~.o _ The. - -
aPplacaats ~aots.~g • _~aeis proposed qnidelareo.s. .~re
. ~:hose deeelo~.'~? -:~s_.pa~es and tbe . ps-esidi:}q .Administrativ0"~:'_ "
Baw Jtaclqe $n • MAtlsarita .Fe;: maa&-_assirt- that _thQ quidtliaas Were -
centrsl to the paoqress of.that proc:sdinge Ire the applicants°.
vaew, the guide.lines pravided all of the parties in BN/sanea Fe •
. trit?a a Saar oplma°gunity to eonduct discover}? and custailed
' • abusive practices that had caused delays in prior controg
praeeedinqse -Tae-applicarats asaea-t t2at sizilareagly ' ~~tablishmeaag of discovery guidsliaaes at the outset of ghis , .a„
praceediag wilg pz-ovide qtaidaaree to all parties and will womote
an effieier~~ and orderly psoceedinqo The proeass oi -assiqning an .
Admirais4ragave &aw Judqe (AIT) to thfs proeoedinq is asatdeawaya
Niaale we tha xilc the BN/sants. F'e discovmry qtaidelines wosked
' exceedingly welb, ~e will leave all discovery matters, ineludinq
the adoptiora of sny gaideliraes govasniaeg discovery, iziitially. to.
the dAscration of the AW0° A doeisaon :aeaming that jaadqe wilg .
be issued as :faon as possiblee
we invitie interested persors to submit commeratss on
gise proposed procadurmml sehedule. Coments must be filed by ,
. Sept~beg 18, 1995. Tk3c~ appgb~n~ ~y reply by Se r 280
1495.' • ~ Kes slso gaise$ coraeerna about the•sppliesnt:° propased
discowery guidelanes in KCS-1, sYatinq tisat the applieaats have
not established any geason why this proceedinq cannot be
. conducted under the Commissiora ° s narmal rules of discoverlv found
at 49 CFR 1114. ItCS notes 2hat, iri -BN/Santa Fe, the Coamassioa •
' did no2 rale on discovery guidelines aaad instead defarred thmt ,
decision to the AIJ. The A%J canducted a conference where a11
parties could commeng, arad thea9 assued discovery guideliaaes. RCS
recoinends that eys follow the same procedure hera, rathez thaa
samplgr aclopt2nq the same qBaidelines ased iaa BNisanta Fe. Bac.ause
we are initiagly gusraang a11 diseavory astters aves to aae 3?IJa
no4.Piiflg more need be said reqarding KCS °s concerrss at this time.
IeCS also giled a pleading ir? oppositfoa to the applacants °
proposed protective ogder (KCS-a). T2aat pleadinq will be
addressed in aseparate decision enteziag the protective ordege
' In addigbon go submittinq a$ ogiqinnl and 20 eopaes,of
a11 doeumentz f11ed wbtBl the Commissiono the paSties aSe .
eracouraged to stabmit a11 pleadinqs and attaclsments a: computlr
c1ata contained on.& 3 e 50inch gloppSr diskette vhich is losaatted
fog wogdPegfeeg 3 e1 ( og formatted so tPast it ean be cogavrerted by .
WordPerfeet 3.1). TBae computsr data eoxataiaaed ota the sompaxter
dasEtettes, submigged wigl be stiabject to the protective arder to be'
eatered shortly in-this proessdiag, and is for tde. axeluaivs use
ag_ commissfoa employees revaeving substmmntive mattea-s in this
, proceeding. The glexibflity proeided by such computer fige data
will gacilitate exupedited reviev -by -the Commission a~ its statte
. ~ .
, . _ _
;
~ . ,
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. ~c~o~ si~gieaaTly_;afg
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oL '
DEVELOPMENT AGREEMENT FOR VAIL COlVIMONS
THI5 DEVELOPMENT AGREEIVIENT (Agreement) is made effective as of this
day of 1995, between the TOWN OF VAII, (Vail), CITY 1VIARKET, INC.,
a Colorado corporation (City 1Vlarket), DILLON COMPANIES, INC., a corporation,
as Guarantor as specified in Section 5 below (Dillon), WARNER DEVELOPMENT, INC., a
'Colorado corporation (Warner), and WARNER PROPERTIES, INC., a Colorado corporation
(WPI) as to Section 2.14. below only. '
RECITALS:
. A. Vail has granted a Lease (Lease) to City Market of the vacant real property owned
by it described on attached Exhibit A(Land). Vail and City Mazket executed such Lease on September , 1995, and recorded such Lease at Book , Page of the records of Eagle
County, Colorado. The Lease, including the definitions provided in such Lease, is incorporated
here by reference. ,
B. Warner and WPI reviewed and provided comments on the Lease prior to its
execution by Vail and City Market.
C. The Lease and this Agreement are to be read and construed together. It is the
intent of the parties to commence construction immediately.to provide affordable housing for
Vail and all other features of this development.
NOW, THEREFORE, the parties agree as follows:
1. Responsibilities of City Market. City Market shall:
, A. Be responsible for the entire development plan and, if Warner is not able
to perform its responsibilities under this Agreement, perform such responsibilities.
B. Cause to be pre.pared all documentation needed in conjunction with this
Agreement and the Lease for approval by Vail and Warner.
C: Cause to be prepared and submitted to Vail all plans and specifications of
the development, for approval by Vail. Such plans and specifications shall be incorporated
herein by this reference upon approval by Vail. A copy executed by the parties shall be
attached to this Agreement. No changes to such plans and speeifications shall be
considered material to this Agreement or the Lease which are approved by staff of Vail
unless approval of any such change is required to be approved by the Vail Design.Review
r
i
Board or the Vail Planning and Environmental Commission, in which event this
Agreement shall be amended by attaching a copy of any such approved change to the plans
and specifications.
D. Finance its portion of the development and, if necessary, finance the interim
construction on the entire development. E. Construct and pay for the Commerc,ial Component, the Day Care Component and the Residential/CM Units; all landscaping for such units; all utilities for
such units; all building permit fees and tap fees for suc;h units; one-half (1/2) of the new
eight-foot (8') wide bike path along the south side of' the Land; offsite improvements
adjoining the Land, as described on Exhibit C; a portion of the site development costs, to
be divided as agreed between City Market and Warner; and construct and pay for one-half
(1/2) of the cost over $100,000 of offsite center turn lane to be constructed on the I-70
_ frontage road from the west side of the Land to the intersection with Chamonix Lane.
F. Engage a civil engineer, with the recommendations of Vail, to design the
offsite third lane referred to in Section I.E. The expense of this engineering design shall
be paid by City Market. This design shall be specifically limited to a center turn lane, and
shall not include curb, gutter, storm sewer, bike paths, significant intersection
modifications or other improvements which Vail may desire for such frontage road.
G. Comply with Vail construction regulations as to the portion of the
development being constructed by City Market.
H. Obtain as co-applicant with Vail the Colorado Department of
Transportation access approvals, if necessary.
1. . Immediately pay any mechanic.'s liens resulting from construction by City
Market, unless contested by City Market.
J. Install in the enclosed truck unloading dock area designed for City Market
trucks filtration systems to remove particulates from diesel engine exhaust and sound
insulation to mitigate noise in the unloading dock area. Rooftop vents from the unloading
dock area will be reduced in number and concealed to the extent reasonably possible and
light sources will be shielded. City. Market will establush a written policy for its truck
drivers utilizing the unloading dock area that they will. turn off tractor engines in the
unloading dock area except when moving trucks in or out of the docks (which policy shall
not apply to trailer-mounted diesel refrigerators nec;essary to maintain safe food
temperatures).
2
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K. Contribute $25,000 to the creation of design and site planning guidelines
for the West Vail commercial area. City Market and Vail agree that Winston & Associates.
shall be responsible for the design and site planning guidelines. It is anticipated that these
guidelines will include a design for entry elements for each commercial entry from the
frontage road. City 1Vlarket sha11 add such entry elements to its plans for the project for its
two commercial frontage road entries, so long as such elements can be constructed for not . more than $20,000 per commercial entry. In the event that such eiements contain
informational signage identifying City Market, this cost limit shall be raised to $30,000 per
commercial entry.
L. Use its best efforts to obtain for Vail an easement for access from the Land
to Buffehr Creek Park, without cost to City 1Vlarket.
M. Assign to Warner the portion of the Lease associated with the
Residential/Sale Units.
N. Remit to Warner the $300,000 of proceeds froin the State of Colorado
grant, upon receipt. .
0. Deed restrict the Day Care Component and the Residential/CM Units, for
which the initial value for purposes of calculation of future permitted price appreciation
shall be $105.00 per square foot.
P. Upon Vail waiving or refunding a part or all of the building permit fees
and/or tap fees for the Commercial Componerit, the Day Care Component or the
Residential/CM Component, expend an equal amount to such refunded or waived
amounts, as directed by Vail, upon the Day Care Component or the Residential/C1VT
Component to improve the quality of such units, or upon landscaping and other •
improvements,to the Common Area, the parking structu.re, the rooftop plaza or the public
rights-of-way.
2. Responsibilities of Warner. Warner shall:
A. Promptly review all documents prepared by City 1Vlarket to facilitate the
development.
B. Finance its portion of the development.
C. Comply with all plans and specifications of the development, as approved
by Vail. Warner may make minor modifications in and to the plans and specifications so
. . 3 ~
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,
long as the quality of the development remains substantially unaffected by any change in
fixtures, equipment and materials.
D. Comply with Vail construction regulations as to the portion of the
development being constructed by Warner.
. E. Construct and pay for all Residential/Sale Units; all landscaping for the .
ResidentiaVSale Units; all of the interior streets and parking for the Residential/Sale Units;
all utilities for the Residential/Sale Units; all buildirig permits and tap fees for the
Residential/Sale Units; one-half (1/2) of the new eight-foot (8) wide bike path along the
south side of the Land; a portion of the site developmerit costs to be divided as agreed
between City Market and Warner; all architectural and engineering costs related to the
Residential/Sale Units; and all Residential/Sale Units' c,osts and fees.
F. Insure all units under construction against loss by fire, vandalism, malicious
mischief and normal extended coverage risks with a qualified insurance company
reasonably acceptable to Vail and City Market in an amount to insure full replacement of
the units to the state of completion when damaged.
G. Immediately pay any mechanic's lien resulting from construction by
Warner, unless contested by Warner.
H. Have WPI use its personnel and its Colorado real estate broker's license
to market the Residential/Sale Units, for a commission not exceeding two percent (2%).
If any other real estate broker is involved in any sale, W:PI shall pay such realtor from its
commission set forth herein. WPI shall:
(1) Maintain and staff an office open to the public during normal
business hours; ,
. (2) Offer printed materials to prospective purchasers.describing the
units available, the requirements for qualifyin,g purchasers and the financing
options available;
(3) Cooperate with the Town of Vail, and the Town of Vail Housing
Authority, in offering special or additional financing options to purchasers; and
(4) Sell each unit as -a deed-restricl:ed unit, using deed restriction
language approved by the Town of Vail. ~ 4 ~
d
I. Assist in preparing the condominium map on the Residential/Sale Units,
including paying for surveyor, engineer, attorney and recording fees related to the
Residential/Sale Units portion of the condominium map.
J. Reimburse City Market for any taxes and other charges paid by City Miarket
which are upon or for the benefit of any item for which Warner is to make payment under
Section 2.E.
K. Sell the ResidentiaVSale Units for not more than the following prices, plus
the commission set forth in Section 2.H., and plus any accrued property taxes set forth in
Section 2.J.:
Tvpe of Unit 1VTonthlv Rental
A $
(six 3-bedroom "duplex" with 1200
~ square feet finished living area, with
garage and unfinished basement)
r
B . . . . . . . . . . . . . . . . . . . . . . . . . $
(ten 3-bedroom "townhomes" with
1400 square feet finished living area,
. with garage and unfinished basement)
C $
(twenty-four 2-bedroom "condominiums"
with 1000 square feet finished living
area, with parking in garage below)
D $ (thirteen 2-bedroom "condominiums"
with I 100 square feet finished living
area, with no garage) L. Upon Vail waiving or refunding part or all of the building permit fees
and/or tap fees for the Residential/Sale Units, expend an equal amount to such waived or
refunded amounts, as directed by Vail, upon the Residential/Sale Units to improve the
quality of such units, or upon landscaping and other improvements to the Common Area..
. I
5
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M. Dedicate to the UOA the portion of the Lease associated with completed
Residential/Sale Units which aze included in the condominium map, or supplements
thereto, without charge. The common elements of the leasehold condominium upon
completion of the Residential/Sale Units will include ,all of the Lease.
~
N. Pay the first $100,000 of cost of the center turn lane referred to in Section
1.E., but only after receipt of the $300,000 State of Colorado grant descrrbed in Section
I.N.
0. Pay $200,000 to City Market as Warner's share of off-site improvements, ,
but only after receipt of the $300,000 State of Colorado grant described in Section I.N.
3. Mutual Responsibilities of Cil„y Market and Warner; City Market and Warner
shall:
A. Meet the project schedule dates otherwise described herein. B. Ensure that the first budget of the condominium association for association
dues not vary substantially from the pro forma set forth on attached Exhibit B. .
4. Responsibilities of Vail. Vail shall:
A. Promptly review all documents prepared by City Market, including plans
and specifications.
B. Assist CityMarket and Warnerin meeting the time estimates set forth
above in Section 3.A.
C. Obtain for City Market by November 1, 1996, the $300,000 grant from the
State of Colorado which Vail represents is available for ciefraying costs of the project. In
the event such funds are not received, Vail may reduce City Market's obligations
hereunder to pay for off-site improvements by $300,000 or, alternatively, Vail (instead of
Warner) shall by November 1, 1996 pay to City Market the amounts described in Sections
2.N and 2.0.
D. Pay one-half (1/2) of the cost over $100,000 for the center turn lane referred
to in Section I.E.
E. Co-apply with City Market for any Colorado Department of Transportation
access approvals required.
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° 11/07/95 10:22 'ff970 242 4903 HFAH R013/029
:
F. Joindy wath City Market, monitor the wrork of Winstoa.& Associates in the
design and seee planning guidelenes for West Vail commercial area.
G. Protect and defend the deveIoprnen4 approvals as obtaitted by City Market
andWamer, the cwrrent zoning on the Land, and Caty 1Vlarkct°s nghts to use and develop
#he L,and under the Lease as described herein against aIl third partits.
1. Assist and fasilitatte approvals of Bhe evolving condominium 'map as
improverrtents are completed. J. Take such ac4ion as es necessary to obtain no 4ater thaes Norrember 1, 1996,
the gights-of v?ay on the adjoinisng property to thc vvest of the L,artd for access by City
Market $nd its customers 40 4he lowcr leveQ of the parking structure. Vsil concurs that .
failure to obtairs such access will prohibit ttie Comrnercial Component frorn openang for
baasiness. City Market agrees that, in lieu of such access, Vail may either: (1) approde a
separate frorittage Poad access for ehe lovver level of the parking strueture, as onginally
ProPosed by CitY Market,1y Maa'ch 319 1996, Or (Z) $PFfOdC SCpSI'de fi'OYltag6 P08d SCCCSS
for 4he lodvcr lcvel of thc puking struciurc, as oraginslly proposed by Ci4.y Allarket, a{3cr
March 31, 1996, if Vail reimburrses Ciey Market for the design and construction costs of
. such chaaige, and if construceion of such change can be cornpleted by TVoveenber fl, 1996.
5. R= nsibilifics of .itv Market and iJail for orripletion of C'on" ion, jJnlBSs
prevented by an act of, or failure to act by Vail, City Market shall havc constructed the
Commercial C:orreponer?t and shall be open for Supermarket operstaons no later than JuOy 1, 1947,
and City Market shall have cons4ruceed che Day Care Component and it sha19 be available ta be
open for operation ro lafer than July 1, 1997, and sha(1 have completed constratcfion of the
Residential/Sale Cornponent no later than December 31, 1997, as fiarther described an Sectaon 6.
If such construc4ion is not substantially completed on the dates specified herein (Coriapletion
Dates), City. Market shail assign to Vail all of its right and interest to the L.and under the I.ease
regarding 4he Coraimercial Cornponent, the I)ay Care Cornpanent and ResadentiaUCM U'nits,
and, City Market shall pay Vail $2,000,000.00 aatd City Market shall foirfeit to Vail a1l
improvemcnts consYn,ac4ed by it on the L,and as additional liquidated darnages. T'hermftery Ci4y
Market shall have no further interest in the Lease, the Impravements or ehe iJnats. City Market
shall conwey i4s ierterest in such property td Vail. However, in 4he event that City Market is
psedented from meeting any of thc Comple4ion Dates because of labor disputes (inc]uding
vdi2laout 8imitation strikes, lockougs or picketing involving Caty Market or ets suppliers or
subcontractors), acts of any govemenengal enYiYy Or any Cour$, cevil d:omnio4ions, riots, acciderat,
fiae, acts of ~'rod such as earthqtaace or other na2ural cataserophes or any othcr cause that is
unavoidable or beyond City Market's re.asmnable control, such Completion DaYes sha11 6e
extended for the pcriod of such delay. In the event an act of Vail, or faalure to act by Vail,
7
11/07/95 10:23 t2970 242 4903 HFAH 4h014/023 ~
• prevents substantial completion of the Commercial Compon.ent and its complete opening for
business on or before July l, 1997, or prevents substantial completion of the Day Care
Component and its being available to open on or before July 1, 1997, or prevents substantial
completion ofthc ResidentiaUCM Units and those being availabte for occupancy by July 1, 1497,
or prevents substantial completion of the ResidentiaUSaIe Units on or before December 31, 1997,
as further described in Section b, City Market shali assign to 'Vail all of its right and interest to
the Land under the Irease regacding the Commercial Component, the Day Care Component and •
Residential/C'M CJnits, arid Vail shall pay City Market $2,000,000.00 plus all actual costs
expended by City Market on the Project, commencing with funds expended by City Market after
submission of City 11Rarket's original proposal for the project. Upon receipt of such payment,
City Market shall have na further interest in the Lease, the I,mprovements or the YJnits. City Market sha11 canvey its interest in such properiy to Vail. Vail shall use available funds, short-
_ term notes and/or revenue bonds (for an income-producing project) to make such payment,
without an election. Vail may raise additional funds, if needed, by an election. Dillon hereby
guararrtees any payment due under this Section 5 from City Market. In the event of assignQnent
as described berein of City Macket's interest in the Lr,ase to Vail, Vail shall pcrform atl
obligations, including those under the Lease and this Development Agreement, owed by Citg?
Market to Vail, Warner, the UOA and the ovmers of Residenfial/Sale Units_
6. Remedies for Nonperforma ce BetweerlC-ity Market and Warn er. City Market
and Warncr shall execute a separate agreement (CM/Warner Agreement) describing in greater
detail their relationship and obligations to each other to complete their obligations to Vail as
described herein, and their remedies in the event either defaults in the perFormsnce of such
obligations. In consideration of City Market's obligation in Section 1.A to be responsible fox
Warner's performance under this Developrnent Agreement, Vail consents that Cifiy Market may
independently from Vail deal with Warner under the CM/Wamer Agreement, including
replaccmerrt af Warner with another party for performance of the obligations described in Sectinn
2 and 3 above. In the event of failure by City Market to iffect timely completion of the
obligations described in Section 2,.whether through Warner or itself ar others, Vail shall have
the remedy of specific performance by City Market, unless City Market has assigned its interest
in the Lease to Vail as described in Seetion S, in which event 'Vail shall also assume all of the
rights and obligations of City Market to require performance by Warner or others under the
CM/Warner Ageement. For purposes of this Development Agreement, timely completion of the
obligations described in Section 2 shall not mean uninterrupted c,onstruction of Residential/Sale
Units if such units already completed are not being. successfttlly soId at the prices described in
Section Z.K. Wamer through WPI shall begin marketing .;nd sales efforts on individual
Residential/Sale Uniis prior to completion of construction of such units. lf at any time, however,
it is determined that ten or more Reside.ntial/Sale Units have toeen completed for sixty (60) or
more days, and remain unsotd, City Markat and Warner may temporarily suspend construction
of additional Residential/Sale Units until previously completed units are sold. Furthermore, in
8
' 11/07/95 10:23 %2'970 242 4903 HFAH a015/023
.
such event, Vail and Ci4y Market and Warner agree to revieev the Vail process for qualifjring
purchasers of Itesidcntial/ Sale LJnits, the fnancing awailable to such purchasers and the-
appropriateness of the proposed mir of types of Re.sidentiaVSale Units being built, and to effecg
improvcanenYs in srach crieeria paior to cons4rcacting additional Itcsidential/Salc ZJnits. In such
edenf, the sales prices desceibed in Section 2.IC sha11 be adjusted to re#lect the costs, if aray,
incaarred for such interr4ap4ion in consstruuction.
7. Menm' Ems_ gn the eveM any Paz4Y here4o comrnences lcgal action to enforcc
any protrasion of this Dewelopment Agreement the prevaiting party in such as:tion shall also be
. entitled to aai award og i4s reasoazable aY#omeys' fees and r-osis.
S. Recitals, The recigals above are incorporated herean by refcrence.
9. 'I'his Ageeenent shall 4erminate on December 31, 1997, unless
ex4ended as provided herein, oe' upon other written agreerttent among the parfies.
DA'I'ED as of the day and year first above written.
CTI'Y MARICE'T, IRTC.,
a Colorado corporation
By
Anthony F. Prinster, President
, Address: Post Officc Box 729
. . Q'xrand Junction, Colorado 8 1502
Vail: TOWN OF VAIl.
By
Its
Address_
9
11/07/95 10:24 V970 242 4903 HFAH Q016/029 ' Warner: WARNER DEVIELOPMENT, gIVC.,
a Colorado corporation
BY
Its
- Address:
WARNER PROPERTIES, IlVC.,
a Colorado corpoi-ation
By
Ics
Address:
Di11on: (for the purpose
of the guaranty in Section 5): DrLLON COMPA?NIES, INC., a corporation •
BY
Its
Address:
10
' 11/07/95 10:24 `ff970 242 4903 HFAK Q017/023
9
Sd /roT-E OF CO111.JO1SAA.OO ~ . .
D 35.
~
nc foregogng instrurnent was acknowledged before rne this day of
1995, by Anthony F. Pcinster, as President of City Marke4, Inc., aColorado corporaYion.
Witness my haaad arid official seal.
M y cornnaission expires-
1Votary Piablic
S'I'A'I'E OF COg,ORADO )
) ss.
COgJNTY OF EAGL.E )
'd'he foregoing insYrxement was acknowlodged before me this day of ,
1995, by as of °Town of VaiH.
Watness eny hand and official seal.
Rhly comrnissaon expfses:
NoPaey Pablic
11
11/07/95 10:24 $970 242 4903 HFA% Q018/023 `
.
srArE of cor.oRAno
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before rne this day of
1995, by , as of Warner Development, Inc., a
Colorado corporation.
Witness my hand and official seal.
My commission expires: .
~
Notary Fublic
STATE OF COLQRADQ ) 1
) ss• •
COUNTY OF )
The foregoing instrument was ac}rnowledged before mie this dayof
1995, by , as of Wemer Propcrties, Inc., a Coloredm
corparation.
Witness my hand and official seal.
My commission expires:
Notary Public
~
12
° 11/07/95 10:25 e970 242 4903 HFAK
Q019/023
a
STt1S Y 1S:r OS ~
COVJiV Jl Y O1C ~I .
7C}ne ftogegoang ieastnamen4 was acknowledged bcfort me 4has dayof
19959 by e as of Dilton Cornpanies, l[nc., a
cOrporatuon.
Wu¢ness my hand and afficial seal. My corsirnissior~ expires:
Rlotary Public 13
11/07/95 10:25 V970 242 4903 HFAH W020/023 '
. :
DE`lELOPMENT AGREEMENT FOR VAIL COMMONS
EXHIBIT A
LEGAL DE,5CRTPTION QF LA,ND
EXHIBIT A
Page ] of 1
9 11/07/95 10:25 'ff970 242 4903 HFAS W021/023
t7NIT OWNER.S ASSOCIAnORT
PRO FORMA ANNIAlL OPF.RAT'iNG BLTI)CiE'I'
. COS'd' PER TO'TAL.PE]8 "g'O'8'A%. PEIt
lmm C1AdI'T/M0. AROA17'H YEAR .
~~URANCE $ 14.50 s 942.50 $ 11,310.00
TRASH REMOVAL s 7.50 $ 487.50 $ 5,850_00
~~~W REMOVAL $ 8_00 s 520.00 $ 6,240.00
WA'Y"ER & SEWER S 38.50 $ 2,502.50 $ 30,030.00
COMI~ON ELECTitIC $ 1.00 $ 65.00 $ 780.00
REPAIRS & MADTI'E1VANCE 7.00 S 455.00 $ 5,460.00
MAN~~~MEN7' $ 17.50 S 1,137.50 $ 13,650.00
REs~RVE $ 25.00 s 1,625.06 $ 19,500.00
•~~~OUR1'I'ING dc LEGAI: $ 1.50 $ 97.50 $ 1,170.00
PO$TAGE & PRIN'rlNG $ 2.00 $ 130.00 $ 1,560.00
LANDSCAPIIV~'a s 9.00 s 585.00 $ 7,020.00
'y'O'TAI. PER Y3NTT. $ 131.50
. rDAY CARE = 2 LJNI'I'S $ 263.00 $ 263.00 S 3,156.00
Cfl'I'Y MARKE'T = 3 UNITS $ 394.50 $ 394.50 $ 4,734.00
JOTA1..5. ~ 1,242.50 ~ 110,460.00
NOTE: City IViarket will be responsible iFor alt costs rclating to the store and parking.
Ile corramon assessmen4 is for common space.
EX-IIBI'g' B
Page 1 of 1
11/07/95 10:26 V970 242 4909 HFAH Q022/023 '
DEVELOPMBNT AGREEMENT FOR VATL COMMQNS
EXHIBI7 C
1)ESC'R-TP'T10N OF OFF-SITE IMPRO'VEMENTS
The following off-site improvements adjoining the Lanc1 are a part of the scope of work
for the Vai1 Commons Project:
1. 14 foot wide center turn lane on the I-70 frontage road.
2. Acceleration/deceleration lanes on the north side oi"the 1-70 frontage road.
3. Six-foot wide paved shoulder/bicyclc path on the north edge of the I-70 frontage
road.
4. Storm sewer on the north edge of the I-70 frontage road right-of-way.
5_ Chamonix Lane improvements, including curb and gutter on south side of road,
asphalt repair to such gutter, sidewalk, asphalt overlay of Chamonix Lane_
6. All engineering, design traffic control and staking f'Dr the above.
EXHIBTT C
Page 1 of 1
CUS c~'l ~rs u(l~c.e 10
MEMoRalvDUM
To: Town Council
From: " Andy Knudtsen, Vail Commons Project Manager
Subject: Proposed Sales Prices for the Vail Commons housing
Date: IVovember 7, 1995
11-7-95
Nuunt Prices submitted during Proposed Corner
T~ competition prices ~
A $157,500 . $156,000 $159,000
B $159,500 $159,500 $163,500
c $109,500 $107,500 n/a .
D $117,500 $117,500 $119,200
Average
Sa?es
P-ruce $112.50 per sq. ft. $109.31 per sq. ft. f:leveryone\andybommons\salespri
VAI COMMONS
_ r
INFORMA..r.
53 FOR-SAI,E UNITS
6 Type A Townhomes 1332 sq. ft.
unfinished basement
1-car garage
3 bedroom, 2 1/2 bath
10 Type B Townhomes 1452 sq. ft.
unfinished basement
2-car garage
3 bedroom, 2 1/2 bath
24 Type C Condominiums . 992 sq. ft.
no basement 2 bedroom, 1 1/2 bath
enclosed parking on first floor
13 Type D Townhomes 1120 sq. ft.
no basement
2 bedroom, 2 bath -
no enclosed parking
All squaze footages are based on gross calculations.
a
?fViIiVUTES VAIL TOWiV COUNCIL MEETING
October 3, 1995
7:30 P. M.
A regular meeting of the Vail Town Council uvas held on Tuesday, October 3, 1995, in
the Council Chambers of the Vail Municipal Building. The meeting was called to order
at 7:30 P.M.
iVIEfViBERS PRESENT: Peggy OsterFoss, Mayor
Tom Steinberg
Sybill Navas
Jan Strauch
Rodney E. Slifer
Paul Johnston
fViEfViBERS ABSENT: Merv Lapin, Nlayor Pro-Tem
TOWiV OFFICIALS PRESERIT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pamela A. Brandmeyer, Assist. Town iVlanager
Lori Aker, Depufy Town Clerk
The forst otem oav the agenda uvas Citizen Participation. There vuas no citizen
participation.
The second utem on the agenda was the Consent Agenda:
. A. Approval of the Minutes for. the meetings of September 5 and 19, 1995. B. Ordinance No. 15, Series of 1995, second reading of an ordinance correcting
Ordinance No. 1, Series of 1995 which amended Chapter 17.26, Condominium
Conversions afi the fViunicipal Code of the Tovvn of Vail.
C. Ordinance No. 16, Series of 1995, second reading of an ordinance regulating
roundabouts and/or rotary traffic islands and one-way roaduvays.
Mayor OsterFoss read the Consent Agenda in full. Rod Slifer moved to approve the
Consent Agenda wifih a second by Tom Steinberg. A vote was taken and passed
unanimously, 6-0.
The tOvord o$em on the agenda was Ordinance No. 17, Series of 1995, first reading of
an ordinance repealing and reenacting Ordinance No. 3, Series of 1977, Special
Development District No. 7, The Marriott Mark; amending an approved Development
Plan for Special Development District No. 7; amending the Title ofi the Special
Development District to the Marriott Vail Nlountain Resort SDD in accordance with
Chapter 18.40 of the Vail Municipal Code; located at 7151Nest Lionshead Circle/Lots 4,
7, C, and D, Block 1, Vail/Lionshead Third Filing; and setting forth details_in regard
thereto. George Ruther presented this item to Council. The frst reading of a proposed
ordinance for a major amendment to Special Development District Rlo. 7, the Nlarriotfi
`v'aii iviountain Kesori, to aiiovu ror the conversion ot 17 dvvelling units 4o accommodafiion
units. Pursuant to Section 18.40.020 (Major SDD Amendment) of the Town of Vail
fVlunicipal Code "any proposal to change uses; increased gross residential floor area;
change the number of dwelling or accommodation units; modify, enlarge or expand any
approved Special Development District is defined as a major SDD amendment." A
major amendment to an SDD is reviewed by the Planning Commission and approved
upon tvvo readings of an ordinance by the Vail Town Council. The applicant, the
Marriott Vail Mountain Resort, represented by iVlary French, is currently proposing to
convert 17 dwelling units to accommodation units. Prior to the actual conversion of the
17 dwelling to accommodation units, the applicant first needs an approval of their major
1 Vail Town Council Evening Meeting Minutes 10/3/95
I
I
,
amendment to a Special Development District request approved by the Town Council.
Section 10 of the approved Marriott Vail Mountain SDD estab,lishes the development
standards for the project. According to subsection 10(E), Density Control, "the total
number of dwelling units shall not exceed 34 and the total number of accommodation
units shall not exceed 304". Currently, 49 dwelling units and 259 accommodation units
exist at the Marriott Vail Mountain Resort. An approval of the applicant's request to
convert 17 of the dwelling units to accommodation units INill result in 32 dwelling units
and 277 accommodation units. Pursuant to Section 18.66.140, the Planning and
Environmental Commission held a public hearing on September 25, 1995 with regard to
the major amendment to the SDD proposed by the applic;ant. Upon review of the
applicant's proposed major SDD amendment request to convert 17 dwelling units to
accommodation units, the Planning and Environmental Gommission voted unanimously
in favor of recommending approval of the applicant's reqiaest to the Vail Town Council.
The planning staff views the major SDD amendment reqLaest as having a public benefit
for the Town of Vail, therefore, the staff is recommending approval of the applicant's
request to convert 17 dwelling units to accommodation uiiits. The staff believes that the
applicanYs proposal will have a positive effect upon the number of available short term
rental units within the Town of Vail. The staff also feels tliat the.reduction in density
and the resulting surplus parking spaces will help alleviate parking problems that may
currently occur at the Marriott Vail Mountain Resort. Additionally, staff finds that the
applicant's proposed major SDD amendment request meets the SDD review criteria as
outlined in Section 2 of the Planning and Environmental (;ommission memorandum
dated September 25, 1995. (See attached PEC memo d;ated 9/25/95.) Paul Johnston
moved to approve Ordinance No. 17, Series of 1995 on first reading, with a second by
Sybill Navas. A vote was taken and passed unanimously, 6-0.
The fourth item on the agenda was Vail Commons Discussion presented by Tom
Moorhead. On September 24, 1995 The Vail Town Counc;il received a letter from Carol
L. Curtis, who is the attorney for the Common Sense for tihe Vail Commons. The letter
contained numerous factually incorrect assumptions. Prior to responding to Carol C.urtis' letter, Moorhead gave a through review of the Vail Commons project process.
The TOV acquired real property as set forth in the Vail Charter. The Charter clearly
sets forth what actions need to be taken by ordinance, resolution or simply by motion.
The Town Charter enables the Town Council to lease the Vail Commons property
through an administrative action to any private or governmental entity without enacting
a legislative ordinance. If the Charter property were sold, the Town Charter specifies
such action would require an ordinance. The Vail Commons land was purchased
based on the resolution dated February 2, 1993. The land consisting of 6.6 acres, and
purchased for 3.2 million dollars was purchased from Hud Worth. The land was
purchased using general funds as opposed to the real estate transfer funds. This
resolution authorizing the purchase of this property was preceded with 4 executive
meetings. Council then reviewed a draft of the contract ai: a public session. The
February 2, 1993 minutes reveal what the discussion was as council considered the
terms of the contract. There were no restrictions put on the use of this property. This
property is zoned as "Community Commercial" and allows for employee housing. The
Master Land Use Plan which was adopted in November, 1986 includes the Vail
Commons land. Moorhead reviewed the public meetings and discussion on
commercial growth, ski industry, and residential growth leciding up to the Master Land
Use Plan. Employee housing needs were addressed extE:nsively, existing land uses in
the TOV were reviewed. The commercial uses which have traditionally been in the core
aiea viiere discus"sed and ii was agreea that commercial'd,evelopment needs'to diversify
to outlying areas. The proposed land use map was develaped based by input from
public meetings. Existing buildings were analyzed, preservation of open space became
a high priority, and parks were also a high priority. The sttidy revealed a need for
balanced residential, commercial and recreational land. No one wanted to create new
commercial areas, however it was agreed to locate them adjacent to existing
commercial spaces. The uses would then be controlled by zoning. Moorhead said its
important that there is an extensive land use plan in existence and it has been followed
closely by the Town Council during the process of the Vail Commons. Next, Moorhead
addressed certain items from Carol Curtis' letter. The thirci paragraph states "why has
2 Vail Totvn Council Evening Meeting Minutes 1013195
d ' ' 0
Council chosen to approve the City Market development plan by the mere passing of a
motion and with no master plan in place" Moorhead indicated this statement is very
inaccurate. The letter goes on to state a council member has a conflict of interest.
Moorhead stated Nierv Lapin recused himself due to conflict of interest from the Vail
Commons proceedings. He has not participated in this process and therefore, this is
not an issue. Curtis' letter is concerned with the WHEREAS clause in Resolution No. 2,
Series of 1993 stating the uses for the property are specifically prescribed to be "open
space, parks or other purposes." Moorhead indicated this is purely editorial language in
the resolution. The council followed the charter i.e:, they can purchase property and,
there would have had to have been deed restrictions on the property to limit the use of
this Vail Commons Land. There are no deed restrictions on this land. The wording in
the Resolution does not restrict the uses of the Vail Commons land. Curtis' letter states
Council acted outside the scope of its charter by entering into a 49 year lease with City
Market and 99 year lease for employee housing. Moorhead replied that the authors of
the Charter clearly stated a lease can be entered into with a motion and does not
require an ordinance. The letter states that a formal bidding process should have
occurred and council has proceeded behind closed doors and to date has refused to
allow public review of the contract involved. Moorhead said this is a misstatement to
say council has not entered into a public bidding process. A formal bidding process
vuas in fact conducted and 20 people responded at which time narrowed to 7 then to 3
finalists, ending up with City Market. The bidding process was a competitive process
and the council did study different alternatives. The letter says the voters are gathering
sufficient signatures for an initiative process. Nioorhead stated an initiative is for
legislative acts only and not appropriate for administrative actions such as the Vail
Commons decision. The committee has submitted their amended petition. The
sufficiency is being assessed currently and will be brought to council when complete.
Tom Steinberg asked if Council should discuss tonight the items discussed in the
executive sessions leading up to the purchase on the Vail Commons property.
Moorhead said it is entirely up to Council. To date all the contract negotiations with City
Niarket have been conducted in public meetings. Steinberg recalls the _then current
Council discussed using general fund money to purchase the land and the land was to
be used as commercial development - possibly a fire. house site, employee housing, or
TOV offices. They discussed that the source of funding for the housing should come
from the commercia space. Osterfoss asked for public input. Mike Jewett spoke and ,
thanked his fellovu committee members for their hard work and financial support on the
Common Sense for the Vail Commons committee. The committee feels this project is
the wrong project for this property. He wants council to reconsider their decision in light
of those who have signed the petition against the project. Jewett wanted to knovv if an
Invitation to Bid was published? Moorhead indicated the Request For Proposal (RFP)
was the vehicle used for this purpose. IVIcLaurin stated staff, and Chris Cares a
consultant from Boulder put the list together of who would receive the RFP. Jewett is
concerned several key individuals were left off the RFP list i.e. Cub foods, Village
Market, Biggs. NicLaurin spoke to several people prior to sending out the RFP and up
front said they were not interested. Cub foods was not interested so no RFP was sent
to them. NicLaurin will defend the list as being a valid list. Ostertoss said grocery
stores were never a target and not every grocery was contacted. Steinberg asked
Jewett if he revealed that he is a union steward at Safeway and that City Market is a
non-union shop and that he may have a conflict of interest in asking citizens fio sign 4he
petition. Jewett did not declare this to petitioners as he feels he does not have a
conflict of interest. Jeff Christensen, chairman of the Common Sense Committee asked
Wiidi i'l-le iiine irarne is to veriry ine suppiemental petitions. Pam Brandmeyer '
responded the Town has a 5 day period to verify the signatures. Christensen feels it
would be unethical of the Council to move forward on this project given the amount of
signatures they have gathered. Christensen stated the petitioners do not like the idea
of tvvo supermarkets in West Vail. Jan Strauch asked Christensen since they are
against the supermarket, why does their petition mask this by saying "land use" instead
of "super market use". Jeff does not feel it is masking their real question. In
summarizing the Town Council's decision to continue moving forvvard with the
development, Osterfoss regrets deeply there are 700 people who do not agree with the
vehicle of City Market to provide employee housing. Employee housing is very
3 Vail Town Council Evening Meeting Minutes 1013195
}
3
a,
important to all as well as the Common Sense committeis. However there are many
people in support of the Council's decision and the Council will never please everyone.
Kathy Douglas stated she too circulafed petitions and the people signing the petition did
not want two grocery stores. It would be unfair to force one to close down.
The fifth item on the agenda was the Town Manager's Report. There was none. P'aul
Johnston received clarification from Tom Moorhead on riBstricting the placement of
newspaper boxes on public property. McLaurin said he was working with
representatives from the newspapers to address the issue and would be reporting back
to the Council soon.
There being no further business, Johnston moved to adj(Durn at approximately 9:15
P.M.
. Respectfully submitted,
Margaret A. OsterFoss, Mayor
ATfEST:
Lori Aker, Deputy Town Clerk
('Names of certain individuals who gave public input may be inaccurate.)
4 Vail Town Council Evening Meeting Minutes 1013195
0
`
iVIINUTES
VAIL TOUVIV COUNCIL fVIEETING
October 17, 1995
6:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 17, 1995, in
the Council Chambers of the Vail Municipal Building. The meeting vvas ca(led to order
at 6:30 P.M.
MEfVIBERS PRESEiVT: Peggy Osterfoss, fViayor
iVierv Lapin, Mayor Pro-Tem
Tom Steinberg
Sybill Navas
Jan Strauch
Rodney E. Slifer
Paul Johnston
MEMBERS ABSENT: None
TOWRI OFFICIALS PRESENT: Bob McLaurin, Town Nlanager
Tom Nioorhead, Town Attorney
Pamela A. Brandmeyer, Assistant Town
Manager
Lori Aker, Deputy Town Clerk
The farst atem on the agenda was Administrative Hearing On People's Ordinance No.
1, 1995. Merv Lapin recused himself from this item due to a conflict of interest. Tom
Moorhead presided over this hearing. Carol L. Curtis, Attorney for the Common Sense
. for the Commons committee was p.resent and participated in this hearing: Candace.
Stutson of Candace Stutson Reporting was present as stenographer fior the hearing.
All original exhibits are on file vvith Stutson and copies are attached to these minutes.
fVioorhead called Lori Aker, Deputy Tov?rn Clerk, to identify three documents and
entered them as exhibits. Exhibit 1- Statement of Sufficiency for a Petition to Initiate A
people's Ordinance #1, Series of 1995. Exhibit 2- Resolution No. 27, 1986 A
Resolution Adopting the Master Land Use Plan for the Town of Vail. Exhibit 3- Vail
Land Use Plan Adopted November 18, 1986. Morrhead called Rick Pylman, former
Tov?rn of Vail Planner from 1985-1989 vuho was the project manager on the Vail Land
Use Plan. Pylman indicated this land Use Plan does in fact include the land known as
Vail Commons. The land use plan covers from approximately Wendy's up to the
Brandess building and is zoned Community Commercial. Next to testify was Jay
Peterson, local Vail attorney specializing in real estate, zoning and land planning for 20
years. Peterson testified that in his opinion the Land Use Plan is administrative in
nature and the Peoples Ordinance Rlo 1, 1995 is a legislative action. Carol Curtis
argued the Tovun Council actions were legislative and entered three exhibits. Exhibit 1-
Resolution No 2, 1993 A resolution authorizing the purchase of an unplatted piece of
land commonly known as The Vail Commons Property. Exhibit 2 - A cite from CRS
1.11 Town owned lands shall not be sold to a private entity, long term leased to a
private entity or converted to a private use vvithout a public hearing process. Exhibit 3-
Resolution No 13, 1991 A resolution changing the Town of Vail Land Use Plan. Curtis
read to council from Resolution 2, 1993 "1nIHEREAS, the Tovvn Council believes it will
qeneTit ine pubiic neaitn, satefy, and welfare to purchase the property for open space,
parks, or other purposes". This conflicts with the use of commercial space and housing
which the Council is now proposing. Resolution 13 modifies the 1986 Land Use Plan
and Curtis feels this is an admission fihe plan has changed. Curtis would like to see a
voter-approved master plan for the Vail Commons property. Nioorhead had the
follovving cornments. The Colorado Constitution and the Vail Town Charter state clearly
that the people can initiate proceedings. Master Land Us plans are an administrative
act, so states case lavv. To put an administrative ac4 on a ballot is not appropriate. Ali
the negotiations pertaining fio the lease of the Vail Commons property was held in open,
public meetings. Mayor Osterfoss asked for other council questions. Sfrauch asked if
i I!
- Vail Town Counci! Evening Meeting Minutes 10/17/95
I
1
1
the Commons was excluded from the land use plan. Ric;k Pylman stated no it was not
and was always included as part of the plans. Curtis said Resolution 2, 1993 stated the
land use was for open land or parks. Moorhead admits lResolution 2, 1993 was poorly
drafted however there were no deed restrictions applied to this land and the Town
Council made sure this land was purchased with general funds assuring no restrictions
wece placed on this land. Peggy Osterfoss and Paul Johnston were both on council at
the time of the land purchase. Osterfoss and Johnston both agree the possibilities
discussed prior to purchase of this land was employee housing, a fire house, Town
. offices, and commercial space. Rob Levine, former council member at the time of the
land purchase, stated the funds used to purchase this laind was from the "general fund"
so as not to restrict what the property could be used for. Bob Buckley, also on Council
at the time of the land purchase stated the land was purc:hased to create employee
housing and a commercial site. OsterFoss summarized t?y stating Council will need to
take all of this testimony under advisement in executive session at the end of this
meeting and they will then come back with their decision.
The second item oro the agenda was Citizen Participation. Lew Meskiman asked that
since Sunburst Drive to the Fall Ridge Cbndominiums on Vail Valley Drive is being
resurfaced, could a line be put on one side designating a pedestrian way. Peggy
thanked Meskiman for the suggestion and asked Bob Mc:Laurin to check into it.
The third item on the agenda was the Consent Agenda: Merv Lapin joins the meeting.
A. Ordinance No. 17, Series of 1995, first reading of an ordinance repealing and
reenacting Ordinance No. 8, Series of 1973, Special Development District No. 7,
The Marriott IVlark; amending an approved Development Plan for Special
Development District No. 7; amending the Title of the Special Development
District to the Marriott Vail Mountain Resort SDD in accordance with Chapter
18.40 of the Vail Municipal Code; located at 715 V'Jest Lionshead Circle/Lots 4,
7, C, and D, Block 1, Vail/Lionshead Third Filing; eind setting forth details in
regard thereto.
B. Resolution No. 23, Series of 1995, a resolution de:signating additional signers on
an imprest checking account for Library deposit transactions for the Town of Vail
with Russ Johnson and Kathleen Winfield as signE>rs on that account, permitted
by the Charter of the Town, its ordinances, and the statutes of the State of Coforado.
Mayor Osterfoss read the Consent Agenda in full. Slifer moved to approve the Consent
Agenda with a second by Steinberg. A vote was taken and passed unanimously, 7-0.
The fourth item on the agenda was Ordinance No. 20, Series of 1995, first reading of
an annual appropriation ordinance: adopting a budget arnd financial plan and making
appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorada,
for its fiscal year January 1, 1996, through December 31, 1996, and providing fo.r the
levy assessment and collection of Town ad valorem property taxes due for the 1995 tax
year and payable in the 1996 fiscal year. Steve Thompscm presented this item to the
Council. The Council has been reviewing the 1996 budgE:t for several weeks. The .
ordinance summarizing the expenditures is required by statute. Staff recommends the
Council approve Ordinance No. 20, Series of 1995. Johnston moved to approve Ordinance No.20 of 1995 on first reading, with a second by Navas . A vote was taken
aric:i passea unanimousiy, `7-0.
The fifth item on the agenda was Ordinance No. 19, Seiries of 1995, first reading of an
ordinance to change the zoning of 67 properties in the Town of Vail from their current
zoning to the Natural Area Preservation District, Outdoor Recreation District, or the
General Use District. Russell Forrest and Jim Curnutte presented this item to Council.
On August 22, 1994, staff received approval to amend tho text of Chapter 18.38,
Greenbelt and Natural Open Space District (GNOS) and (;hapter 18.36, Public Use
District (PUD), of the Vail Municipal Code, and to create ai new Chapter 18.33, Outdoor
Recreation District (OR). These text amendments and the proposed zoning changes,
2 Vail Tovm Council Evening Meeting Minutes 10/17195
p ~
1
6
as identified in Ordinance No. 19, are intended to insure 4hafi the uses allovved in these
zone districts are consistent with their purpose statements, and that properties
throughout Town, especially those vvith open space characterisfics, are located in the
appropriate zone district. The Planning and Environmental Commission revievved the
proposed zoning changes on September 24, 1995 and voted 4-2-1 to recommend
approval of these changes. The twio dissenting members stated that they wanted
parcel #21 (proposed par 3 site) to be rezoned to the General Use District. Staff also
reviewed issues and public comments concerning the proposed rezoning of the iVlt. Bell
site (#34). The PEC felt strongly that the entire Mt. Bell parcel should be rezoned fio the
General Use District as per the staff memo. Staff recommends approval of Ordinance
iVo. 19, Series of 1995. Hermann Staufer expressed his concern that the golf course
was not properly zoned or the designated zoning was confusing. Jim Curnutte feels
the zoning is appropriate for the golf course. Osterfoss asked staff to contemplate
Staufer's point by second reading and spell out a golf course zone specifically. Bob
Lazier asked for protection for Sun Vail from adjacent Red Sandstone School noise.
Osterfoss noted that by second reading the line designations between fihe two
properties would be more specific. Johnston moved to approve Ordinance IVoA9 of
1995 on first reading, with staff looking at clarifying the Golf Course zoning and the
designation line between Red Sandstone School and Sun Vail, with a second by
Steinberg. A vote was taken and passed, 6-1 with Navas in opposition.
The saxth utem on the agenda was Ordinance No. 21, Series of 1995, first reading of an ordinance amending Section 5.04.120 Transfer of License and Section 5.20.100
Exemptions; and setting forth details in regard thereto. Tom Moorhead, Steve
Thompson and Sally Lorton presented this item to Council. 1) Council requested staff
to prepare.an ordinance that would allow some relief from the Annual Business License
fee when a new owner occupied an existing space and began a new operation in a
space that a prior owner had paid the annual business license fee. 2) Council
requested staff to prepare amendments to our special events license to guarantee that
exempt, non-profit organizations will significantly benefit from such special events. This
direction was provided as a fesulfi of a special event that was perceived to be nothing
more than a retail sales event that did not provide significant benefit to an exempt
organization. Staff Recommendation: 1) Staff recommends a more equitable approach
is to prorate the annual business license fee for the initial year of operation. 2) Staff
advises that the change may significantly impact special events and sales tax revenue
from those events. Bob Lazier supports pro-rating the fee on a quarterly basis.
IVieskiman would like it so a seasonal business does not have to buy a full year license.
Andre de Lucinges suggested running the license period uvith the ski season. Johnston
moved to approve Ordinance No.. 21 of 1995 on first reading, with the quarterly
proration of the business fee to be addressed by second reading, a second by Strauch.
Johnston amended his motion to include that a special event must be sponsoced by a
non-profit organization, second by Lapin. A vote was taken and passed unanimously,
7-0.
The seben$h afem on the ageeac9a was Ordinance iVo. 14, Series of 1995, first 'reading
of an ordinance providing for the major amendment of Special Development District No.
31, Golden Peak House; amending an approved development plan for Special
Development District iVo. 31, in accordance with Chapter 18.40 of the Vail Municipal
Code; located at 278 Hanson Ranch Road/Lots A, B, and C, Block 2, Vail Village 1 st
Filing and a portion of Tract E, Vail Village 5th Filing, and setting forth details in regard
iiiereio. ,;im Cumuiie presented tnis item to Louncil. Applicant is requesting that- -
Council rescind the action taken in regard to this Ordinance on September 19, 1995.
To Rescind the previous action there must be a motion made by a Council member who
voted with the prevailing side upon first reading. If such motion to rescind carries, then
Council can reconsider the ordinance. On September 11, 1995, the Planning and
Environmental Commission voted (by a vote of 4-2, with Armour and Pratt opposed) to
recommend approval for the applicant's requests. The staff recommendation is for
approval of the applicant's request to modify the density section of the SDD, with regard
to the overall number of dvvefling units. Additionally, staff recommends denial of the
applicant's request to modify the density/GRFA portion of the proposal. Lapin moved to
3 Vail Town Council Evening Meeting Minutes 10/17/95
~
~
approve Ordinance No. 14, of 1995 on first reading, with a second by Steinberg. A
vote was taken and passed unanimously, 7-0. ,
The eighth item on the agenda was Ordinance No. 18, Series of 1995, first reading of
an ordinance amending Section 9.22.101A. which contains the definition for larceny.
Tom Moorhead presented this item to Council. On July 11, 1995, the State definition for
theft was amended by increasing the value of the thing irivolved from $300 to $400. It is necessary for the Town of Vail Ordinance to remain consistent with the State
provision. Staff is recommending that Ordinance No. 18, Series of 1995 be passed.
Lapin moved to approve Ordinance No. 18, of 1995 on first reading, with,a second by
Navis. A vote was taken and passed unanimously, 7-0. The ninth iteen on the agenda was a request for a 30-day extension of the hearing
process on the appeal of the Cook 250 addition proposecj at 1012 Eagle's Nest
Circle/Lot 2, Block 6, Vail Village 7th Filing. The applicarit, Mr. Cook, is requesting that
the appeals process hearing be extended form the OctoCier 17, 1995 Vail Town Council
meeting to the November 21, 1995 evening meeting. On, September 27, 1995, the
Town of Vail Office of Community Development received a written request from the
Cook's adjacent property owners, Tom and Flo Steinberc1, requesting that the Design
Review Board decision to approve the Cook 250 addition, be appealed to the Vail Town
Council. Pursuant to Section 18.54.090(c), appeal to Town Council, the Vail Town
Council may grant a 30-day extension to the appeals process if the Council find that
there is sufficient information available. The applicant is requesting that the appeals
hearing be extended to the November 21, 1995, Vail Tovrn Council meeting to provide
the opportunity for the applicant's architect and legal counsel to be present at the
hearing. Staff is of the opinion that the unavailability of the applicant's architect and
legal counsel be interpreted as insufficient informafion. lJpon consultation with Town
Attorney, Tom Moorhead, staff would recommend that thie Vail Town Council grant an
approval of the applicanYs request for a 30-day extensiori of the appeals process
hearing due to insufficient information. Lapin moved to grant a 30 day extension with a '
second by Steinberg. A vote was taken and passed unainimously, 7-0.
The tenth item on the agenda was an appeal of a DRB decision to deny an
application for a reroof of the Stevenson Residence, located at 3897 Lupine Drive/Lofi 4,
Block 1, Bighorn Subdivision, 1st Addition. Applicant: Mzirk and Maureen Stevenson.
Lauren Waterton presented this item to Council. At. the C)ctober 4, 1995 DRB meeting,
the DRB passed a motion to deny (4-1) a request for a reroof at the Stevenson
residence, replacing cedar shakes with a metal roof. The DRB based its denial on the
incompatibility with the surrounding neighborhood. Staff recommends that the DRB
decision be overturned and the request to reroof using a metal roof be approved by the
Town Council. Eric Hill, Architect for the Stevenson shovved the council samples of the
proposed roof and asked for their approval. Strauch moxred to overturn the DRB's
decision and approved the metal roof, with a second by Navas. A vote was taken and
passed, 6-1 with Osterfoss against.
The eleventh item on the agenda was a request for a 30-day extension of the hearing
process on the appeal of the Dews demo/rebuild using firio 250's, located at 278
Rockledge Road/Lot 15, Block 7, Vail Village 1st Filing. iapplicant: Julie Dews. The
applicant is requesting that the appeal hearing be extended from the October 17, 1995
Vail Town Council meeting to the November 7, 1995 meeting. Lauren Waterton
pieserricd tiii5 iiern i"u Cuuncii. Pursuant to Section 18.54.090(c), appeal to'Town "Council, the Vail Town Council may grant a 30-day extenision to the appeals process if
the Council finds that there is insufficient information available. Julie Dews has
requested that the Design Review Board decision to den~y the demo/rebuild using twc
250's be appealed to the Vail Town Council. The applicant is requesting that the
appeals hearing be extended to November 7, 1995, Vail Town Council meeting to
provide the opportunity for the applicant to be present at the hearing. Staff is of the
opinion that the unavailability of the applicant could be interpreted as insufficient
information. Upon consul.tation with Town Attorney, Tom Moorhead, staff would .
recommend that the Vail Town Council grant an approval of the applicant's request far
4 Vail Town Council Evening Meeting Minutes 10117195
6 .
~
a 30-day extension of the appeals process hearing due to insufficient information.
Lapin moved 4o grant a 30 day extension, with a second by Slifer. A vote was taken
and passed unanimously, 7-0.
The twe9€th utem oov the agenda was an appeal of the Planning and Environmental
Commission's (PEC) denial of a request for a density (GRFA) variance to allow for the
conversion of attic space to GRFA located at 3130 Booth Falls Court/Lot 6-A, Block 2,
Vail Village 12th Filing. Applicant: Jeffrey & Eileen Shiffrin. Randy Stouder presented
this item to Council. The applicants converted an area above their garage to habitable space (GRFA) without design reviev?r approval or a building permit. Staff became avvare
of the unpermitted construction after the Fire Department responded to an alarm at the
subjec4 property. Construction was on-going when the Fire Department arrived, and no
building permit was in evidence. The Fire Department alerted the Community
Development Department of the unpermitted construction and the job was red-tagged
(stop work order issued) on July 26, 1995. A letter v?ras senfi to the applicant requiring
that the unpermitted GRFA be removed (copy attached). The applicant decided to
request a density variance in an attempt to gain approval to allow the GRFA to remain.
On October 9, 1995 the PEC unanimously denied (by a vote 5-0) the applicant's
variance request. The applicant is appealing the PEC decision to the Town Council.
Staff is recommending denial of the applicant's request for a density variance. Jeff
Shiffrin asked council to grant a density variance. Osterfoss explained the Town of Vail
has clear guidelines to follow on density. Council must follow these guidelines. Strauch
moved to uphold the PEC decision and deny the density variance, with a second by
Lapin. A vote was taken and passed, 5-2 with Navas & Slifer against.
The thurtreen$h utem on the ageuvda was the Town Manager's Report. There was no
report.
!laul Comeevons D6scaassuoov &Decesaon. The Council agreed as a whple to remain in
public session. Lapin once again recused himself and left the meeting. OsterFoss
asked for public comment. Jeff Christensen thanked Carol Curtis for her help. He did
not appreciate the Tovun releasing to the press a letter from William D. Rosell, as he felt
this to be a smear campaign. Lew Meskiman agrees the master plan is administrative,
however he feels the people should vote on the property use. Bob Fiske does not feel
the Council pursued all avenues before deciding on City Niarket. Rob Levine believes
this is a administrative issue. Paul Johnston.believes this to have been an
administrative process. Navas agrees with Johnston and truly believes council should
move ahead with the project. Steinberg does not feel it necessary to have everything
go to a vote. VVe would never need a land plan or a Tovvn Council if this vvas the case.
Wants to proceed ahead with the project as it is administrative. Slifer said this is clearly
an administrative project. If this went to a vote vvhat would the uvording be on the
ballot? Peoples Ordinance 1 asks for a master plan to be approved by the electorate.
The Peoples Ordinance 1, 1995 is very badly written and would have to go to court to
have it interpreted before it could go on a ballot. Strauch has heard no evidence the
process has been legislative. He called 30 people who signed the pe4ition asking them
why and he received 30 different answers. He votes to proceed with the project.
Osterfoss stated based on the information presented this process is administrative. It is
not good news to hear that the Council has not communicated well with the public.
Council will continue to try and do a befter job at communication. Peggy thanked the Commons group for all their time put into the process. She hopes the council and
uuiiiiriuiliiy cdrr nvw appiy ineir energy ana entnusiasm to other issues. Sfeinberg
made a motion to not vote on Peoples Ordinance 1, 1995 nor refer it to an election,
because this process has been administrative in nature and not legislative, second by
Johnston. A vote was taken and passed unanimously 6-0.
There being no further business, Sfieinberg moved to adjourn at approximately 10:25
P.M.
Respecffully submitfied,
5 Vail Town Council Evening Meeting Minutes 10117195
'
~
1
Margaret A. Osterfoss, Mayor
ATTEST: Lori Aker, Deputy Town Clerk _
(`Names of certain individuals who gave public input may be inaccurate.)
6 Vail Town Council Evening Meeting Minutes 10117195
ORD9IVANCE NO. 18
SERIES OF 1995
AN ORDINANCE AME6VD1NC SECT90iV 9.22.010A.
WHICIHI C0NTs4BNS THE DEFBfV@T00N FOR Le4RCENV
WHEREAS, Section 18-4-401. Theft, C.R.S. has been amended to increase the thing of
value to less than $400; and
WHEREAS, the Town of Vail ordinance should be consistent thereto.
iVOUV, THEREFORE, BE IT ORDAIfVED BY THE TOWiV COUIVCIL OF THE TOWN OF
VAIL, COLORADO AS FOLLOWS:
1) That Section 9.22.010A. is amended as follows:
"Larceny" means to take or exercise control over properry of another having a value
of less then thme four hundred dollars without authorization or by threat or
deception: and
1. With the intention to deprive the owner permanently of the use or benefit of
such properry; or
2. To knowingly use, conceal or abandon such properly in a manner so as to
deprive the owner permanently of its use or benefit; or
3. To use, conceal or abandon such property intending that such use,
concealment or abandonment will deprive the owner permanently of its use
or benefit; or
4. To demand any consideration for which one is not legally entitled as a
condition of restoring such property to the owner.
2) If any part, section, subseetion, sentence, clause.or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3) The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4) The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
1
" Ordinance No. 18, Series of 1995
commenced, nor any other action or proceedings as commenc(ad under or by virtue of the provision
repealed or repealed and reenacted. The repeal of any prc?vision hereby shall not revive any
provision or any ordinance previously repealed or superseded' unless expressly stated herein.
5) All bylaws, orders, resolutions, and ordinanc:es, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. 'This repealer shall not be constr'ued
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 17th day of October, 1995, and a puiblic hearing shall be held on this
Ordinance on the 7th day of November, 1995, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado. ATTEST: o~F Marg et ~4. Osterfoss, May
:
~ -
= BE A L _
e - _
Lori Aker, Deputy Town CY~k
/'C•'C uR,PD
READ AND APPROVED ON SECOND READING ANC) ORDERED PUBLISHED
this _ day of 11995.
Margaret A. Osterfoss, Mayor
ATTEST:
Lori Aker, Deputy Town Clerk
C:\ORD95.18
2
Ordinance No. 18, Series ot 1995
..r n
ORDIiVAfVCE IVO. 22
SERIES OF 1995
ARI ORDIfV,4fVCE MAKIfVG SUPPLEMEfVTAL APPROPRIATIOfVS
FF20M THE 1'OVlIRI OF VAIL GEIVERAL FUND,
F2EAL ESTATE TRAIVSFEf2 TAX FUND, PARKING STRUCTURE FUND,
HEAVY EQUIPMEiVT FUND, POLICE COfVFISCATIOfV FUND, FACILITY fViAIIVTEIVAiVCE
FUND, MARKETIIVG FUND, AND THE VAIL HOUSING FUND,
OF THE 9995 BUDGET AIVD THE FIIVAfVCIAL PLAIV
FOR THIE TOVVIV OF VAIL, COLORADO;
AND AUTHORIZIiVG 7HE EXPEiVDITURES OF SAID APPROPRIATIOfVS
AS SET FORTH HEREIIV;
AfVD SE7TIfVG FORTH DETAILS IN F2EGARD 1'HERETO.
WHEREAS, contingencies have ansen during the fiscal year 1995 which could not have been
reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 23,
Series of 1994, adopting the 1995 Budget and Financial Plan for the Town of Vail, Colorado; and,
WHEREAS, the Town has received certain revenues not budgeted for previously; and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget,
in accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should
make certain supplemental appropriations as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplemental appropriations for the 1994 Budget and Financial
Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows:
FUND AMOUNT
General Fund $ 232,331
Police Confiscation Fund $ 18,750
Vail Housing Fund $ 159,500
Parking Structure Fund $ 6,137
Heavy Equipment Fund $ 15,848
Vail Marketing Fund $ 18,290
Vail Housing Fund 21,892
$ 472,748
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
1
Ordinance No. 22, Series of 1995
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
IiVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READIIVG this 7th day of November, 1995, and a public hearing shall be held on this
Ordinance on the 21st day of November, 1995, at 5:30 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 OIV SECOND READING AND ORDERED PUBLISHED in full this
day of , 1995.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:10RD95.22
2
Ordinance No. 22, Series of 1995
t
1 .
1
1 ORDBNANCE NO. 23
SERBES OF 1995
AN ORD@NANCE AMEN~ING CB-@APTER 2.48, COnAPENSATION OF TOWN OEF&CB.4LS
WHEREAS, the compensation for Town Council members and the Mayor have not been
increased since 1981; and VVHEREAS, it is believed &ff?adest an~increase is appropriate to alleviate expenses incurred
by Council members in the voluntaty;;contribution of their time and effort in carrying out their duties
and obligations as members of the Town Council; and
WHEREAS, it is hoped that an increase in compensation will encourage and enable a larger
segment of the Town of Vail's electorate to be able to contribute their time and effort in service to
the community by serving upon Town Council; and
WHEREAS, it has been observed that the time commitment of Town Council members and
the Mayor and the workload required to fulfill their obligations has significantly increased.
NOW, THEREFORE, BE IT ORDAIIVED BY THE TOWN COUIVCIL OF THE TOVI/IV OF
VAIL, COLORADO THAT:
1) Section 2.48.010 and 2.48.020 shall be amended as follows:
2.48.010 Town Council.
Each and every member of the town council elected in the election of council
members in November, 1997, and every succeeding election thereafter, shall
receive, effective January 1, 1998, compensation in the amount of trtre five hundred
dollars per month for each and every month during his or her term of office.
. P' 'jv^'~u• ."*z- m
Tliereafter ~commencrngGon January ~i ~ x2002oan~adjustment shal! be,mad to~ttie
. u.~compensat1an~'tn..e th'~,~, . . form ofan_ad~usted~percen ge,&based~`on the~most current . _
Den~er BoWder "ConsumerPr~ce Index";aspecificaNy~thespercent change~from one
. ~
ago. Thrs percentage,~change is ta_beLmatlen;:the:compesaUon~in ttie`preceding
~,T
year his~'p~rocedure is to be~follovued for each succeed ni g~four year term:~
......,.~._.A._. .~...w
. 2.48.020 Mayor.
The Mayor, as selected by the elected members of the town council, in accordance ?Qvv •,r. nMnu,.~ M..1 • ; _ ' . .
.ii v~ rci GI.GiVC 1..V~ 1I~.lCFWC1UVI1eiiet;iivC january i, 1 yyf3, in tne
amount of #tve+wt1r@d oneAhousand dollars per month for each and every month
during his or her term of office Therea#ter, commein on'~Janua 1~200~2"='an
adjustmentshalt be made to the~comP..~~ ~ ~ . ensat~on~n
the :form of an~~ad ustetl
percentage, basedaon~the mos~~tYcurrent,Denve'r Boulder~Consumer~Price Index";
s~ecEfcall the' er ent~chan eNfrom one a o~ This. ercenta e~chan ~~s t ~#ie
p..~.. _ ~.::p . . 9
~
P~.._ 9e.. .
1
Ordinance No. 23, Series of 1995
F. rnade on the'compnsafionmthe preced~
ng7year.~T,Y~his_proceciurejoo rbe fol(oweci
#or~eaeh succeeding fourwyear temi~
2) Section 2.48.030 shall remain in effect without amendment.
3) If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it woulci have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
4) The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
5) The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the provision
repealed or repealed and reenacted. The repeal of any prov6sion hereby shall not revive any
provision or any ordinance previously repealed or superseded Linless expressly stated herein.
. 6) All bylaws, or.ders, resolutions, and ordinance:s, or parts thereof, inconsistent. herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ; APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 7th day of November, 1995, and a public hearing shall be held on this .
Ordinance on the 21st day of November, 1995, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly McCutcheon, Deputy Town Clerk
2
Ordinance No. 23, Series ot 1995
r
a
i
0
READ AiVD P?PPROVED OfV SECOiVD READING AND ORDERED PUBLISHED .
this _ day of 11995.
Margaret A. Ostertoss, Nlayor ATTEST:
Holly McCutcheon, Town Clerk
C:\ORD9523
3
Ordinance No. 23, Series of 1995
a
~Q
ORDBNANCE N0. 20
SER6ES OF 1995
ANNUAll. APPROPFiIAT@ON ORDVNANCE: .
AD0PT9NG A BUDCC;ET AfVD FINAIVC0a4L PLAN
AND MA9C9NC APPR0PR9AT80NS TO PAV TFIE COSTS, EXPEIdSES, AND LBABBLIT9ES
. OF II I!-9E TOtlCAtl OF tlP1ILy Y.?OLOflADOy
F0R ITS FOSCAL VEAR JANUARV 1, 1996, TIiROUGH DECEAABER 31, 1996, AND PROVBD9NG FOR THE LEi/V .4SSESSMEf~T AND COLLECTBON OF
TOWN AD VALOREM PROPERT1( TAXES DUE FOR TFIE 1995 TAX YEe4R
AND PAVABLE IR9 T9iE 1996 F@SCAL YEAR.
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado,
the Town Manager prepared and submitted to the Town Council a proposed long-range capital
program for the Town and a proposed budget and financial plan for all Town funds and activities
for the 1996 fiscal year; and
WHEREAS, notice of public hearing on the proposed Town budget and capital program
was published on the 27th day of October, 1995, more than seven (7) days prior to the hearing
held on the 7th day of iVovember, 1995, pursuant to Section 9.5 of the Charter; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for
the 1996 fiscal year, to make appropriations for the amounts specified in the budget, and to
provide for the levy, assessment and collection of Town ad valorem property taxes due for the
1995 year and payable in the 1996 fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado,
that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado,
for the enactment hereof have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following
annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day
of January, 1996, and ending on the 31 st day of December, 1996:
FUPVD AMOUiVT
General Fund $14,309,233
Capital Projects Fund 11,733,545
Real Estate Transfer Tax 3,390,353
Parking Structure Fund 1,976,430
Heavy Equipment Fund 1,558,363
Police Confiscation Fund 87,306
. Debt Service Fund 1,289,440 .
Health Insurance Fund 1,117,790
Vail Marketing Fund 345,000
Booth Creek Debt Service Fund 34,375
Vail Housing Fund 41,500
Facility Maintenance Fund 1,631,656
Total: E'v'^9o
Less Interfund Transfers: < 6.446.368> IVet Budget 39.068.623
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 1996 fiscal year for the Town of Vail, Colorado, which are incorporated by reference
1 Ordinance No. 20, Series of 1995
. I
herein and made part hereof, and copies of said public records shall be made available to the
public in the Municipal Building of the Town.
4. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 1996 fiscal year, the Town C;ouncil hereby levies a property
tax of 4.65 mills upon each dollar of the total assessed valuation of $391,840,540 for the 1995
tax year of all taxable property within the Town, which, will result in a gross tax levy of
$1,882,057, calculated as follows: Base mill levy 4.69 $1,837,731
Mill levy credit <.13> <50,939>
Abatement mill levy .09 _ 35.265
Total mill levy 4.65 $-1-82~
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by
the Colorado Revised Statutes (1973 as amended), and as otf ierwise required by law.
5. This Ordinance shall take effect five (5) days afi:er publication following the final
passage hereof.
6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact
that any one or more parts, sections, subsections, sentences, c;lauses or phrases be declared
invalid. 7. The Town Council hereby finds, determines, anci declares that this ordinance is
necessary and proper for the healtli, safety, and. welfare of the Town of Vail and the inhabitants
thereof.
8. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affeci: any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein. 9. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, ar part thereof, theretofore
~
repealed.
2 Ordinance No. 20, Series of 1995
e
4 -
;
INTRODUCED, READ OiV FIRST READIiVG, APPROVED AfVD ORDERED
PUBLISHED ONCE IN FULL, this 17th day of October, 1995. A public hearing shall be held
hereon on the 7th day of fVovember, 1995, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
Margaret A. Osterfoss, Mayor
ATTEST:
Lori Aker, Deputy Town Clerk
READ AND APPROVED ON SECOIVD READIiVG AiVD ORDERED PUBLISHED
this 7th day of November, 1995.
Margaret A. Osterfoss, Mayor
ATTEST: .
Lori Aker, Deputy Town Clerk
3 Ordinance No. 20, Series of 1995
OEtDIPdAfVCE WO. 99
Series of 1995
AIV ARDINAN6E YO CHAPIGE TFIE ZONING OF 67 PFiAPERYIES IPd THE TOWN OF
VAIL FROM YFIEIR CURREMT ZOiVING TO THE NATURA:. AREA PRESERVATIOPd
DISTRICT, OUTDOOR RECREATION DISTRICT, OR THE GEIdERAL USE DISTRIC'T
(SEE EXHIBIT A). • ,
WHEREAS, the Town Council has approved an Open. Lands Plan which included a
provision to review and where appropriate rezone open space parcels to address legal non
conforming uses, improve protection of sensitive natural resources, and to ensure the
appropriate zoning of outdoor -recreational areas; WHEREAS, the proposed aoning chanpes would be in concert with the policies and ;
goals of the Vail Land Use Plan and Comprehensive Open Lands Plan to protect the quality of
the environment; protect open space; improve summer recreational activities; and to allow for the
quality of deyelopment to be maintained and upgraded whenever possible;
1MHEREAS, the proposed down-zonings to the Natural Area Preservation District will help .
protect sensitive naturat resources in the Town of Vail which is an objective of the Town as
stated in the Vail Land Use Plan, Comprehensive Open Lands Plan, and Environmental Strategic
Plan.
WHEREAS, the proposed zone changes to the OR District will allow the communiry to
improve summer recreational opportunities which is a goal of the Vail Land Use Plan.
FIUHEREAS, the proposed up-zoning to the General Use District will allow existing
buildings to better make improvements to their structures and allow the quality of the
development to be better maintained and upgraded through an orderly planning process.
- -VIIIiEFiEAS, this rezoning will-help Ensure that development does nOt ocCUr'wher2-it is '
inappropriate because of natural constraints (e.g., hazards, wetlands, riparian areas, critical
habitat) while also providing the opportunity for the orderly development of properties where
development is appropriate.
oroinarnm No. 19, s.neg a 1995
'
. ~
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN C4UNCIL OF THE TOWN OF ~
VAIL, COLORADO, AS FOLLOWS:
1. The Town Council finds the procedures for amending the zoning for the properties
identified in Exhibit A, as set forth in Section 18.66.100-18.66.180, of the Vail Municipal.Code
have been satisfied.
2. The Town Council hereby makes the amendments as indicated in Exhibit A to the
• Town of Vail Official Zoning Map.
3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not effect the validity of the remaining portions
• of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact
that any one or more parts, sections, subsections, sentences, claus;es or phrases be declared
invalid.
4. The Town Council hereby finds, determines and decilares that this ordinance is
necessary and proper for the health, safety and welfare of the Towni of Vail and the inhabitants
thereof.
5. The repeal or the repeal and reenactment of any prolrision 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 uncler or by virtue of the
provision repealed or repea?ed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise anybylaw, order;•resolution or ordinance; or parl thereof; theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL, this 17th day of October, 1995. A public hearing shall be held
, 2
. • . ordi~ No. 19. serh. a Ie9s
i
,
hereon on the 7th day oi November,1995, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
Margaret A. Osterfoss, Mayor
ATTEST:
Lori Aker, Deputy Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of November, 1995.
Margaret A. Osterfoss, Mayor -
ATTEST:
Lori Aker, Deputy Town Clerk
3
Ordlnance No. 19. SaAe! 01 1995
MEMORANDUM .
TO: Planning and Environmental Commission
FROM: Community Development
DATE: September 25, 1995
SUBJECT: A request for a zone change for 67 properties in the Town of Vail from their
current zoning to the Natural Area Preservation District, Outdoor Recreation
District, or the General Use District (See Exhibit A).
Applicant: Town of Vail
Staff: Russell Forrest & Jim Curnutte
0. [INTRODt9CTfi0N
The purpose of this rezoning is to address inconsistencies with existing zoning, actual uses of
the site, and/ or existing environmental site constraints. Exhibit A lists all the proposed
rezonings and Exhibit B identifies the location of the parcels involved in the rezoning. Several of
the properties identified in Exhibt A are grouped togather under one reference number (i.e.,
parcels # 1, 13, 14, 25, 34, 49). All except 6 of the 67 rezonings would be downzonings and all
but I 7 properties are owned by the Town of Vail. A downzoning basically reduces or removes
development rights from a property by changing the zoning. Conversely, an upzoning increases
development rights by changing the zoning. These changes are focused on, but not limited to,
properties in one of the 4 open space zoning districts in the Town of Vail which include:
Natural Area Preservation District (NAP) - Most restrictive open space district
Outdoor Recreation District (OR)
Agriculture Open Space (AOS)
General Use District (GU) - Least restrictive open space district
A majority of the changes will invoive removing the Agriculture Open Space Zone District .
designation from as many parcels as possible. The major problem with AOS is that its purpose
statement and allowable uses are inconsistent, For exampfe, in the purpose statement for AOS, ,
it states that this District will protect open space but allows, as a permitted or conditional use,
schools, hunting lodges, row crops, and single family homes. The proposed changes are
summarized belowr:
From To # of Parcels
AOS OR 18
AOS NAP 37
AOS GU 4
GU NAP 3
Dupiex&fVAP NAP 1 (Parcel #11 currently has both Duplex and NAP zoning)
P/S NAP 2
NAP OR 2
~ TOTAL 67
1 .
II. BACKQaROUND
On August 22, 1994, staff received approval to amend the tex1: of Chapter 18.38, Greenbelt and
Natural Open Space District (GNOS) and Chapter 18.36, Publiic Use District (PUD), of the Vail
Municipal Code, and to create a new Chapter 18.33, Outdoor 13ecreation District (OR). The text
amendments to the GNOS and PUD zone districts, and the crE;ation flf the new OR zone disirict,
were the first step in a two step process intended to insure tha.t the uses allowed in these zone
districts are consistent with their purpose statements, and that properties throughout Town,
especially those with apen space characteristics, are located in the appcopriate zone district. An
initial review revealed that approximately 60 properties (mostly Town owned properties) were in
need of rezoning for these reasons.
It was always intended that immediately following the adoption of the above-mentioned text
amendments, staff would analyze numerous properties throughout Town to determine whether or
not the characteristics of each warrant their rezoning into, or olut of, the oper? space zone districts
previously mentioned. However, in conducting a detailed analysis of these properties, it was `
discovered that many of the rezonings contemplated by staff would not comply with the currerot
Land Use Plan designations of the properties. It therefore became necessary to propose Land .
Use Plan designation changes on approximately 17 of the 60 Giroperties being researched prior to
proceeding with the aforementioned rezonings. In May of 1995, the Vail Town Council passed
Resolution 13 which amended the Land Use~ Plan for these prc?perties. Since that time, staff
has reviewed the approximately 60 original rezonings and have both added and deleted
properties from the original list. In reference to rezonings on private property, staff removed any
private rezonings if requested by the property owner. ,
II. EXPLANATION OF ZONING CATEGORIES
The following is a brief description of the different open space zone districts involved in this
proposed action (See Exhibit C for a more complete list of pernnitted and conditional uses).
Natural Area Preservation (NAP): This district is intended to protect sensitive natural
areas such as wetlands, riparian areas, wildlife habitat, and high hazard areas. The only
permitted use in this district is nature preserve. Trails are al{owed as a conditional use.
This is the most restrictive zone.district in the Town of \/ail.
Outdoor Recreation (OR): This District provides for pasyive recreation (recreation without
structures, special fields, or equipment) as permitted usie and active recreation as a
conditional use. It is significantly more restrictive than the Agricultural Open Space
District.
Aaricultural and Open Space (AOS): This District allow:c for a wide variety of recreational
activities and certain types of buildings. Depending on the size and buildable area of a
parcel with this zoning, a single family unit may be allowied.
General Use (GU): This district is intended to provide sites for public and quasi-public uses.
The general us.e district is intended to ensure that public buildings and grounds and certain
types of quasi-public uses permitted in the district are atppropriately located and designed
to meet the needs of residents and visitors to Vail. Tlne permitted uses include passive
2
. .
outdoor recreation and pedestrian/bike paths. There are a wide variety of conditional uses
for this district,(e.g., hospitals, schools, maintenance facilities, parking structure). Since
there is such a variety of uses possible in the district, the PEC must determine the
development standards for each property zoned General Use.
090. CR9TER9A FOR A g0NING CHANGE:
The PEC shall make the following findings before granting approval of a zone change request:
1) Us 4he ett6s46ng zoovbn~ suuYable with the existing 9and aase on 4he site and adjaceng
Band uses?
The existing zoning is not suitable for the 67 properties identified in Exhibit A. The justification
for this statement is discussed below:
Properties rezoned from AOS to NAP : These properties all have significant
environmental value or natural hazards. This would include properties with wetlands,
water bodies, steep slopes, and significant natural hazards. .
Properties rezoned from AOS to OR: These properties all have value for either passive or
active recreation. The AOS District allows for single family homes and agricultural uses.
Staff does not feel that the permitted and conditional uses for AOS are consistent writh
areas that the Towrn intends to use for passive or active recreation.
Properties rezoned from AOS to GU• This category includes the Vail Mountain School,
Interfaith Chapel, and the land on which Learning Tree, ABC school and the US UVest
Cellular sites are located. Institutional uses such as schools, utilities, and churchs, which
require a building, are clearly more appropriate in the General Use District, uvhich was
written to accommodate institutional, utility, and governmental uses.
Properties rezoned from NAP to OR- This category of actions includes Stephens Park
and VVillow Park. Stephens Park has been developed for active and passive recreation
and its use is more consistent with the purpose statement in the Outdooc Recreation
District. Stephens Park does contain a reach of Gore Creek. Staff feels that the OR
District vuill adequately protect the riparian area around Gore Creek but still maintain
flexibility for future park development on the site. In regards to Willow Park, this is simply
a landscaped area in the middle of Vail Village which has no significant environmental
value.
Proqerties rezoned from GU to NAP: Tract A, Vail Valley 4th Filing is the only property in
this category. The property has significant natural hazards and environmental value.
Development on this site wrould not be consistent with the Land Use Plan or the
characteristics of the property. `
Properties rezoned from Primary/Secondary to NAP• This category includes the south
half of Tract F, Vail Village 7th Filing 24) and Lot 20A on Beaver Dam Rd 39). The
south half of Tract F has numerous natural hazards and a very steep slope which makes
it appropriate for the NAP District. Lot 20A is nearly entirely encompassed by categorical
. 3
wetlands which makes it appropriate for the NAP District.
Properties rezoned from Duplex & NAP to NAP: This rezoning involves the unplatted
land northeast of Pitkin Creek Meadows (#9). It is one parcel which has two zoning
designations. This property has no access and has be(an identified by the Division of
Wildlife as critical Bighorn Sheep winter range.
2) Is the amendment preventing a convenient, workable relationship with lanc8 uses
consistent with municipal objectives?
The amendment does not prevent a convenient workable relateonship with land uses consistent
with municipal objectives. The proposed rezonings are consisitent with land use and municipal
objectives for the following reasons:
1) Downzonings to NAP will help protect sensitive natural resources in the Town of Vail.
An objective of the Town as stated in the Vail Land Use Plan, Comprehensive Open
Lands Plan, and EnVironmental Strategic Plan is to pro1tect environmental quality.
2) Proposed zone changes to the OR District will allow the community to improve summer
recreational opportunities which is a goal of the Land Use Plan as stated on page 7 of the
Plan.
3) Upzonings to the General Use District will allow existing buildings such as the Vail
Mountain School or the Interfaith Chapel to better make! improvements to their structures.
These uses currently exceed site coverage. A GU zoning designation will allow the
quality of the development to be better maintained and iupgraded through an orderly
planning process (See Land Use Goal 1.3 on page 6).
3) Does the rezoning provide for the growth of an orderly, viable community?
This rezoning wilf help ensure that development does not occur where it is inappropriate because
of natural constraints (e.g.; hazards, wettands, riparian areas, critical habitat). It will also allow
for the orderly development of properties where growth is apprc?priate. At the same time it will
ensure that passive and active recreational opportunities are maintained.
4) Is the change consistent with the Land Use Plan?
As mentioned previously, the Town amended the Land Use Plan to help address inconsistencies between the Land Use Plan and proposed zoning changes. However, the Town has purchased
several properties since the Land Use Plan was amended which have a Land Use Plan
designation for residential uses. In lieu of changing the Land Use Plan again, staff closely
reviewed the goals of the Land Use Plan and finds that the proposed rezonings would be
consistent with the Land Use Plans' goals. Several applicable cloals include:
Page 6: "The quality of the environment including air, water, and other natural resources
should be protected as the Town grows."
'
4
Page 6: " The quality of development should be maintained and upgraded whenever
possible."
Page 7: "The community should improve summer recreational and cultural opportunities
to encourage summer tourism.
Page 7: "The community should improve non-skier, recreational options to improve year-
round tourism.
ov. sTAFF RECoMMENDATIoN: .
Staff recommends that the proposed zoning changes specified or identified in Exhibit A be
approved. Ensuring appropriate zoning of open space parcels is a specific action stated in the
Comprehensive Open Lands Plan. To amend the zoning for this property, the PEC is requested
to make a recommendation to the Town Council. The Council will then revievu an ordinance to
amend the zoning designations for these properties on twro readings..
Exhibits:
Exhibit A Table of rezonings .
Exhibit B Maps
Exhibit C Summary of Open Space Zone Districts
Exhibit D Lener from Luis A. D'Agosiino in reference to parcel 34
. . I:leve'ryone\pec\memos\openzone.925 •
~
5
ExhibitA to Ordinance Number 19, Series of 1995 ' •
Property Legal Descriptlon and Property owner and Unique FeaWres and Land Use Agrent Proposed
Number Address of Property Assessors Percel Commentsiftizards Plan 7.anirg Zoning
Number Desigrotlon Desic,gtaGon Dedgnafion
1 Lots 5, 6, 7, 8, 9,10, 12, Vail Town of Vail Natural Ftiparian Area. LDR AfJS NAPD
Meadows, Filing 2 2099-182-16-003 (5) Hazards: Floodplain
2099-182-16004 (6)
2099-182-1 Cr005 (7)
2099-182-16-010 (8)
2099-182-16009 (9)
2099-182-1 fr008 (10)
2099-182-16-006 (12)
2 5175 Main Gore Drive South, Town of Vail Wooded Area, Steep LDR AOS - NAPD
Vail Nleadows Filing 1. A 2099-182-00-002 Hillsides. Hazards:
parcel of land located in the Medium Severiry Rakfall
southwest 1/4 of the nathrwest
1/4 of sec6on 18, townshp 5
south, range 79 west of the 6th
p.m. Boundecl by lots
18,19,21, & 22, Vail Meadows
Filing 1, the USFS, and •
Recxea6on Area
3 Bighom Park. A Parcel of land Town of Vail Park Area and Saeam P A(J.S OR
situated in the SE 1/4 of 21 01-1 2400-002 Tract. 6.43 aaes.
Sectlon 12, TSS, R80W of the Hazards: Floodplain, Blue
61h P.M. Eagle Coumry, Hazard Avalanche Zone
Colaado. Recorded in book
288, page 847. Eagle CoLinry
Records.
4 Tract D, Bighom Townhouses Town of Va~l .49 acres. Hazads: f3ed OS ADS OR
Subdivision 2101-124-02-009 Hazard Avalandie Zaie,
Nbderate Debris Fbw.
5 Tract C, Bighom Townhouses Towm oi Vail .45 acres. Hazards: Fied OS AiOS OR
Subdivision 2101-124-02-009 Hazard Avalanche Zone
and Moderate Debris flow.
6 Unplatted land South of Town d Vail Steep Area Needed hx OS AOS NAPD
Courtside Townhomes. 2101-124-OQ009 South Trail. #46 in OLP.
Bounded by Mamtain 4.47 aaes. Hazards: High
Meadows Subdivision to the RoclQad and Red HazErd
North, and by the USFS to the Avalanche Zone. .
South, East, and West
Recorded in book 659, page
32. Eagle County Records.
7, Urplatted land south of Forest Town oi Vatl Trad Easement, Steep OS AOS NAPD
Gden Subcivision. Bounded by 2101-123-01-001 HiBside. 7.15acres.
Timber Falls Condomiryums to Hazards: High Rodcfall.
the East, Unplatted Lands to
the North, and West, and the
USFS to the South. Recorded
in book 659, page 32. Eagle
County Records.
~ 8 Unpiatted land South of Lots Town of Vail Steep Hillside. 2.48 acres. OS AiOS NAPD
1-4, Blodc 2, Bighom 1 st 2101-111-OQ004 Hazards: High Debris
Addi6on. Bounded by the Row and Rockfall, Recl
USFS to the South. Recorded Hazard Avalanche Zoni3
in bodc 659, page 32. Eag1e
Counry Records.
• Propeny Legal Descriptlon end Address of Proparty Oumer end Unique Features end Lsnd Usa Current Peopases9
- Humber Property dssessors Paroel Camments/Oiaaards Plan Zoning Zoning
Pdumbar Designation Designation Deshjnatlon
9 Unplatted land Northeast ot Pitkin Creek Town ot Vail Sensitive Bighom OS Duptex & NAPD
Meadows. That portion of land currently 2101-122-00-001 Sheep Wirrter Range. NAPp
zoned Duplex, bounded by the I-70 5.13 acres. Hazards:
corridor to the South, Pitkin Creek Medium Oebris Fbw.
Meadows to the West, and USFS to the
Eest. Recorded in book 339, page 807.
Eagle Courny Records.
10 Stream Tract directy West of Pitkin Town of Vail Siream tract .387 OS GU NAPD
Creek Park. Recorded in book 300, 2101-111-00-006 acres. Hazards:
Pa9e 925. More particularly descxibed as Floodplain
. folbws: Beginning at the westerty most
comer of Parcel A, thence along the
southwesterly line of Parcel A and the
northeastery line of Bighom Road S
46'19'25"E, 142.75 ft.; thence departing
the southwesterly line N 41'2232"E,
47.84 fl. to a poirrt on the noAheasterhr
and southeasterly line of Parcel A;
thence along the northeasterly and
southeasterly line the following five
courses: 1) N 48'34'25" W, 66.6 ft. 2) N ,
42'25'00" E, 17.25 ft. 3) N 61'4730" E,
44.5 ft. 4) N 49'12'10" E 77.45 ft. 5)
58'29'15" E, 55.33 ft. to a point on the
southwesterly line of Interstate Highway
No. 70; thence along the southwesterly -
line N 59'28'16" W, 59.01 fl.; thence
departing the southwesterly line, and
along the northwesterhr line of Parcel A S
56'50'09" W. 227.87 fl. to ihe Point of
Beginning
11 Tract A, Gore Creek Park Subdivision. Town of Vail SVeam tract dedicated OS GU NAPD
2101-111-04-008 to the Town by Vail
plat. .48 acre.
' Hazarcis: Floodplain
12 Tract B. Gore Creek Park Subdivision Town of Vail .OS acre. Hazards: GU AOS NAPD
, 2101-11-04-009 Floodplain
13 Unplatted land East of Katsos Ranch. Town of Vail Wetlands Riparian MDMF and AOS NAPD
Bounded on the North by Gore Creek 2101-02400-002 Area. Hazards: High GU
• and South by White River National 2101: 024-00-003 Debris Flow, High
• Forest. Comprising of approximately 8. RocMall, Snow
acres. A parcel of land lying within lhe Avalanche Influence
' Southeast one-quarter of Section 2, • Zone.
Township 5 South, Range 80 West ot the Sixth Principal Meridan. Recorded in
book 284, pages 468, 470, 475. Eagle
Counry Records. ,
14 Stream Tracts A,B,C,E,& F Vail Village Vail Associates Stream tracts. OS AOS NAPD
11th Filing 2101-023-04-001 (A) Hazards: Fbodplain.
2101-034-05-002(B)
2101-023-04-009 (C)
2101-034-6-002 (E)
2101-034-04-016 (F)
15 Tract A, Vail Village 12th Filing Town of Vail Open Space/ Bighom OS AOS IVAPD
2101-023-01-004 Sheep Winter Range.
Rodcfall Ditch.
Hazards: High
Rockfall.
16 Tract B, Vail Vllage 121h Filing Vail Associates Hazards: High OS AOS NAPD
2101-034-05-002 Rodcfall.
17 Lot 12, Blodc t, Vail Vllage 121h Filing Vail Mountain School Has Mountain School PSP AOS GU
2101-023-00-008 and Athletic Fields on
Property. Hazards:
High Severity Rockfall
Property Legel Deacriptbn and Property owner Unique Features Land Nae Current Propoaed 2oNng -
Number Address of Property and Asseasoro and Commems/ Plan Zoning Deaignation '
Parcel Number Hazards Dealgniatlon Deelgnation
18 Tract B, Vail Village 13th Town of Vail Natural Riparian O S A O S N A P D
Filing 2101-034-01-001 Area. Booth Creek
runs through it.
13.89 acres.
Hazards: Floodplain,
Moderete Debris
Flow
19 Lot 11, Block 1, Vail Town of Veil Tennis Courts. 3.06 P A O S O R
ViIlage 13th Filing 2101-034-01-012 acres. Booth Creek
Park Hazards:
None.
20 Tract C, Vail vllage 13th Town or Vail Open Space. O S . A O S N A P D
Filing 2101-033-01-015 Bighom Sheep
Winter HabitaL 93.35
acres. Hazards: High •
Debris Flow, High
Rockfall.
21 Tract A, Vail Village 13th Town of Vail Nazural Open Space. O S A O S O R
Filing 2101-034-03-002 13.07 acres.
Hazards: Medium
Debris Flow.
22 Tract A, Vail Valley 4th Town of Vail Trailhead and natural O S G U N A P D
, Filing 2701-102-01-006 Open Space.
Hazards: High Debris '
Flow, High Rockfall,
Snow Avalanche
Infiuence Zone.
23 Vail Golf Course More Town of Vail 18 Hole Golf Course P A O S O R
particularly described in including Dnving
deed book number 378, Range and Start
page 985. January 19, Shack Hazards:
1984. Avalanche, Debris
Flow, Rockfall
throughout.
24 Tract F. Vail Village 7[h Towri of Vail Nazards: High Debris O S P/ S N A P D
Filing. That portion of 2101-092-08-007 Flow, Medium
land South of a Iine Rockfall and Snow
drawn Irom the Avalanche Influence
Southwest comer of Lo[ Zone.
7, Vail Village 7th Filing,
to a point approx. 151.94
feet Southwest Irom Ihe
Northwest comer ol Lot
3, Vail Village 7th Filing.
More particularly shown
in Exhibit B.
2.5 Tract A and Lots 9, 10, 8 Town of Vail Hazard on•site. O S A O S N A P D
11, Vail Village 10[h 2101-081-16=004 Hazards: Medium
Filing Rockfall, High Debris
Flow, Red Hazard Avalanche Zone.
26 Tract F-2, Vail Village 5th Town of Vaii Tennis Courts. V M P A O S O R
Filing 2101-0821-36•00 Hazardsi None
27 Tract A, Vail Village 1st Town of Vail Gore Creek Stream V M P A O S N A P D
Filing 2101-082-27-007 trect. Hazards:
Floodplain.
28 Tract 8, Vail Village tst Town of Vail Gore Creek S[ream V M P A O S O R
Fiiing 2101-082-26-001 tract. Hazards:
Floodplain
29 Tract G, Vail Village 1st Town of Vail Mill Creek Park. V M P A O S O R
Filing 2101-082-39-004 Hazard: Floodplain.
~ 3.0 Tract H, A Town ot Vail Mill Creek runs V M P A O S O R
R'esubdivision of Tract E, No Parcel through it Hazards:
Vail Village Sth Number Floodplain '
31 Parcel B, West of Town of Vail Trail head and O S A O S N A P D
Spraddle Creek. 2101•053•00-012 wooded hiliside.
Bounded on north by Hazards: Moderate
USFS, south by I-70 debris flow, moderate
FOW, east by Spraddle rock fell.
Creek Subdivision, and
west by Mountain Bell. ,
• Property Legal Descriptlon and Property ovvner end Unique Features end Lend Use Current Proposed
- Number d,ddress of Property Assessors Parcel Comments/ FOaaards Plan Zoning Zoning
Wumber Designetion Designetion Designetion
32 Tract I, Vail Village 1st Town of Vail Natural Riparian Area VMP AOS OR
Filing 2101-082-04-004 2.791 acres. Hazards:
Floodplain.
33 Tract H, Vail Village 1st Town of Vail Open Space/Courryard VMP NAPD OR
Filing 2101-082-18-002 Willow Park. .44
acres. Hazards: None.
. 34 Unplatted Mlountain Bell Town of Vail and US Hazards: Moderate PSP AOS GU
Site, loca[ed east of Wes[ debris flow, medium
center line of Middle 2101-064-00-001 (US rock fall.
Creek. Bounded by Wes[)
USFS to the north, I-70 2101-064-00-005
ROW to the south, and (ABC School)
Parcel B, Spraddle 2101-064-00-006
Greek Subdivision to the (Leaming Tree)
east.
35 Unpla[ted /Mountain Bell Town of Vail Hazards: NAoderate OS AOS NAPD
Site, toca[ed west ot No Parcel Number debris flow, medium
cen[er line of Middle rock fall.
Creek. Bounded by
USFS to the north, I-70
ROW [o the south, Tract
C, Vail Potato Patch
Subdivision and Solar
-
Vail to [he west.
36 Vail Interfaith Chapel Vail Religious Vail InteAai[h Chapel PSP AOS GU
Property Vail Village Foundation Structure covers
Filing 1. Recorded in 2101-071-09-001 parcel. 27 acres.
book 231, page 94. Hazards: None.
Eagle Coun[y Records. 37 Tract J, Vail Village First Town ot Vail Property behind PSP AOS GU
Filing 2101-071-09-002 Chapel has parking
and Gore Creek
Floodplain. Hazards:
Floodplain
38 Trac[ B, Vail Lionshead Town ot Vail Stream [ractl Riparian OS AOS NAPD
2nd Filing No Parcel Number area. 10.21 acres.
Hazards: Floodplain.
39 Lot 20A, Block 7, Vail Town of Vail Wettands on properry. , OS P/S NAPD
Village tst Filing. 2101-071-13-009 Hazards: Floodplain
274 Beaver Dam Road
40 Tract C, Vail Lionshead Town of Vail Middle Creek Stream OS AOS NAPD
2nd Filing 2101-064-07-011 tract. Hazards:
Floodplain
41 Tract A, Vail Lionshead Town of Vail Middle Creek Stream OS AOS NAPD
2nd Filing 2101-064-07-022 tract. Hazards:
Floodplain 42 Tract A, Vail Village 2nd Town of Vail Middle Creek Stream OS AOS OR
Filing 2101-064-07-011 tract. Pedestrian Trail.
Hazards: Floodplain
43 Trac[ B, Vail Lionshead Town of Vail Stream tract. Hazards: OS AOS tdAPD
1st Filing Exempt Floodplain.
44 Trac[ B, Vail Lionshead Town of Vail Has path on bo[h sides OS AOS NAPD
3rd Filing Exempt of bridge. Hazards:
. Floodplain
Property Legal Descripdon and Property owner and Unique Features Land Use Current Proposed Number Address of Property Assessors Parcel and Comment.:/ Plan Zoning Zoning
Number Hazards Designation Designation Dersignation
45 Unplatted.parcel of land, Town of Vail Cat Track may be OS AOS OR
West of Lot 15, Vail Vllage 2101-072-00-001 proposed on thi:~ ~
6th Fling. Boimded on the parcel. Hazards:
South by USFS, on the None
North by Tract C, Vail
Vllage 2nd Fling and
Sewer Plant, and the East
by Glen Lyon Subdivision.
Recorded in book 272, page .
663. Eagie County
Records.
46 Tract C, Vail Potato Patch Town of Vail Tot-lot & school. OS AOS OR
Subdivision 2101-063-02-004 School would IikE> to .
create a play field
west of the bldg..
Hazards medium
rock fall.
47 Tract A, Vail Potato Patch Vail Associates Steep hiilside. OS AOS OR
Subdivision 2101-063-01-016 Hazards: Medium
Rockfall.
48 Tract D, Vail Potato Patch Vail Associates Steep hillside. Cciuld OS AOS NAPD
Subdivision 2101-063-01-033 make a good
Trailhead. Hazarcis:
None.
49 Unplatted Tract North of Town of Vail Steep Hillside. OS AOS NAPD
Lots A-1, A-2. A-3. 2101-014-00-005 Parchased from E1be
Lionsridge 1 st Filing. Shapiro. Hazards:
Recorded in book 253, High Debris Flow,
pages 0180, 0181. Eag?e High Rockfall.
County Records.
50 Tract A, Lionsridge 3rd Town of Vail Wooded Hiilside. OS AOS NAPD
Filing 2103-122-05-001 Hazards: High
Rockfall
51 Upper bench of Donovan Town of Vail Detached from P AOS OR
Park bounded by 21037123-00-011 Donovan Park.
Matterhorn Circle Drive to Hazards: None
the North, Matterhom
Vllage to the West, Glen
Lyon Subdivision to the
East and USFS to the
South. Recorded in book
299, page 222. Eagle
County Records.
52 Lot 1, Vail Village West, Town of Vait Proposed Bike path. OS AOS OR
Fling 2 2103-123-06-031 Hazards: Floodplain
53 Lot 40, Buffer Creek Town of Vail Buffer Creek Park. P AOS OR
Subdivision 2103-123-02-024 Hazards:
Floodplain.
54 Stephens Park. Recorded Town of Vail Now an active P NAPD OR
in book 650, page 849. Exempt recreabon park.
Eagle County Records. Hazards: High
Debris Flow,
Medium Rockfall,
FloodpWn.
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UNPLATiEO BI HORN SUBDIVISION
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BIGHORN LOTS 10 a II
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UNGLAT7ED
ESUBDIVISION OF TRACLE.
VAIL VILLAGE Ilth. FILING
21 . 19 L.,PLo,;Eo
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TOWN OF V,41L L30UNDARY
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e 1906 ~ 1e95 41h. FILING
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NATIONAL
e 1905 197! p
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• " A RESUBDIVISION OF A
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16 p 14 I ~ 1'J7e uPL477ED
i t! 11V0 IS1/ '33s 1=1q60 .
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;UBDIVISION
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1
E::hibit C
OPEN sPl~CE ~~NE DI5~~CTS
. Natural Area Outdoor Recreation Agriculture Open Space Ceneral Use
Presenration .
Permi44ed Nature Preserve A) Passive outdoor A) Single family residentiai A) Passive outdoor recreation
Uses recreation dweliings and open space.
B) Nature preserve B) Plant and tree nurseries [3) Pedestrian and bike paths
. C) Bicycle paths and and raising field, row, and pedestrian waikways tree crops.
D) Interpretive nature C) Public parks, recreation 'walks areas, and open spaces.
Conditional A) Equestrian Trails A) Public parks and A) Any use within public A) Public theaters, meeting
Uses B) Paved and Unpaved active public outdoor parks, recreation areas, and rooms, convention facilities
Trails recreation areas and open spaces which involves B) Public parking facilities
C) Interpretive nature uses excluding assembly of more than 200 C) Public transportation
walk buildings. pecple together in a building terminals
D) Picnic tables and B) Equestrian trails or group of buildings D) Public utilities installation
informal seating C) Ski lifts, tows, runs Q) Public and private including transmisssion lines
E) Par{(ing when used in D) Cemetaries schools E) Water and sewage
conjunction with a E) Well water C) Churches, rectories, and treatment plants
permitted or conditional treatment (acilities related structures F) Public and quasi public
use D) Private golf, tennis, indoor community facility
F) Other uses customarily swimming and riding clubs G) Public building and
incidental to permitted or E) Semi-public and grounds
conditional uses institutional uses such as H) Public and private schools
convents and religious I) Public and private parks and
retreats active outdoor recreation
F) Ski lifts & tows areas, facilities, and uses
G) Cemetaries J) Golf Courses
H) Low power radio facilities K. Ski lifts, tows, and runs
. I) Well water treatment L) Churches .
facility M) Hospitals, medical and
dental facilities, cehabilitation
centers, clinical pharmacy,
and ambulance facilities
N) Equestrian trails
0) Public tourist/guest service
related facilities
P) Plant and tree nurseries
Q) Major Arcade
R) Helipad
S) Type I11 EHU
. T) Type IV EHU
U) Seasonal structures
V) Accessory uses to a
parking structure
~
Exhibit D '
Spraddle Creek Honne Owner Association
September 5, 1995
Planning & Environmental Commission
C/0 Mr. Russell W. Forrest
75 South Frontage Road
Vail, Colorado 81657
HAND DELIVERED
Ref.: Proposed Zoning Changes to Parcel #!52a of the Tovaa of Vail
Dear Mr. Forrest: •
As per our meeting of Friday, September i, 1995 it is our
understanding that the Proposed Zoning Changes to parcel # 52a of
the Town of Vail from AOS (Agricultural & C)pen Space) to GU
(General Use) is being done for the sole purpose of giving the
right zoning to the existinq Mountain Bell Site which includes
the US West Tower and the ABC School. Furthermore, it is our understanding that ai budget was__not
allocated by the Planning & Environmental C:ommission to survey
the Mountain Bell Site in order to limit trie Proposed Zoning
Change onlv to the Mountain Bell Site.
The legal description and address of the Pz-oposed Zoning Change
"Unplatted /Mountain Bell Site, located ea.st of center line of
Middle Creek. Bounded by USFS to the north, I-70 ROW to the
south, and parcel B, Spraddle Creek Subdivision to the east."
covers an area that is much larger than the existing Mountain
Bell Site and it could open the doors for future development.
Therefore, in order to help limit the Proposed Zoning Change onlv
to the Mountain Bell Site and avoid further development, The
Spraddle Creek Home Owner Association would like to contribute to
the Town of Vail an amount up to Five Hundred Dollars ($500.00)
towards any surveying expenses that are necessary in order to
clearly determine that exact boundaries of the existincr Mountain
Bell Site.
Thank you in advance for your cooperation in this matter of
mutual concern. Sincerely,
.
o~ ~ ~ . D'Agostino
Vice-President
~
914 Spraddle Creek Road, Vail C'olorado 81657
848 Brickell Avenue, Sui te 810, 14fismi, F.Iorida 33133
P
, .
~ .
ORDIIVP91tlCE NO. 20
SERIES OF 1995
AN ORD@NANCE AMEND91VG SECTIOIV 5.04.120 TFiANSFER OF L9CENSE
AND SECTVON 5.20.100 EXEMPTIOIVS; APVD SE7'TING FORTH DETA1L.S
@R9 REGARD THERETO
VVHEREAS, the Town Council of the Town of Vail believes that it is the best interest of the community to allow for a transfer of the annual business license fee when a subsequent business
operator assumes a business location and operates a business of the same category, in the same
space as a prior business that had a current business license fee; and
UI/HEREA~S~~t~is equitable~to'allow>for a~guarterly prorat~o,n:of~the annual.b~us ness lic nse;
fee for new~businesses apptying'for their_ initiai'.license;_ anc!
UVHEREA~S,_this.prorat~on>shall apply, to all applicaUonsnfor~new I~censes=.fo~ new~businesses
opened~ort or a'fter ~ctober 1; '9 995; and }
WHEREAS, the Town Council wishes to insure that the proceeds of special events are
contributed to and realized by exempt charitable organizations.
iVOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUIVCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1) Section 5.04.120 Transfer of License is hereby amended to read as follows:
5.04.120 Transfer of License.
rA. If a business is sold or transferred to a different individual, partnership or
corporation after the business license fee for any given year has been paid,
the new owner shall pay a one hundred dollar transfer fee, and upon
payment of said fee, shall not be required to obtain a new license or pay an
additional license fee for the year of said transfer.
B~ 1f`~"`a business,opens after Septemberthep 1xsto# 5any~calendar~'year~~
- . . _ _ . _~~....,k~. ~
occupies a space^or locat~on where the business, license fee,~has qbeen paid
for the;current year by a~prior business~of~theesax~rne~categary as set fio~. rthwin
Section 5 04-040
th~ e new~business,canztransfer~the;bus~ness`~license:far,a
,.~1.
onephundr Frr.year;a~,e .
transfer o# the business I~cense #ee crates no, nght to arrefund; for the pnor
%busmess:
C` if~a busmess qpens dunng;the,calendar year the~bus ness license~fee,, as~set
Y , .
forth in~Sec~on 5b
4 040; will be pra wrated o a~,quaiferly,~basis ~ If~a business
opens xon or,betwreen~January~s anci~March 31 st of the~calentlar y,ear°1~Q0°Io
v . . _
1
Ordinance No. 21, Series of 1995
4
1
~•~r,:~ F- s~ ~ •
of the fee wr_q be due, i#a~bus~nessp_en,,~,~oor,between~Apnl 1,st~and;June
30#h -#h"eucalentlar ear~75°la~of t eh Ie iNill-be tlue~~t#ka~business~o ens~on
~ ~ ~.~...~..~~.,..~._d...~._, ..~..,.p.
or between Jul}r;1;st~~ptember 30th `of.~fhe~calentlar~,yean r y50°,/o~of itie fee
wi~f b~e~tlue,i#~a~business opens~on~or~;a#tes'r~October~~1 st~of the~calentlar~yea :
25°la o~ the fee~ar~Y 100 wtiictiever ~s greal er wiH~ be; due she~pro-,~ra~an ~does
_ .~.K..~ _
u..r . ,~y,._" i ~ ~-~d' w-vts~' .,s^'~ ^"~r' ~*~*•a-" °z,a.r .'w`a ,
_ . not~apply~to~s~a(~businesses~that~have~had a-~sin'ess~licens~e;in~ti~"e
pnor~`ye;ars°~
3j~ The aineraclments to Section 5:04 :1;20~shail~be~~:ffecti~e~as=of ~etober~, ~°~~"1'995~' ` ~ . ,
23) Section 5.20.100 Exemptions.
A. All religious and charitable organizations shall be exempt from #he license
fee and the sales tax deposit required by this Chapter; however, such
organizations must register with the Town Clerk prior to any solicitation
activities.
B. Any fair, show or exhibit of arts, crafts or similar handiwork, any sparts event,
educational, recreational event or cultural activity that is sponsored by an
exempt organization as defined above may apply to the ;Towri
IUlanager for a special events license. Said application.shall include the
name and local address of the exempt ~~rganrzation that is sponsoring the
event, proposed duration, number of exhibitionists or merchants taking part
~
in the event, purpose of the event, goods or types of goods to be sold, a
, statement as to whether or not the applicant or its agents have ever been
convicted of any crime or misdemeanor and the nature thereof.
1. At the time of the filing of the application a fee of fifty dollars shall be
paid to the Town Clerk to cover the cost of investigating the facts
, stated therein.
2• Tevvn Getnetf Tow~Manager may impose conditions on the approval
of the special events license incliading required sanitation and clean
up measures, security measures, bond to guarantee performance of
any condition or to secure the payment sales tax due the Town.
Upon issuance of a special events license, individual vendors listed
on the application will not be re:quired to obtain transient vendors
licenses.
. 2
Ordinance No. 21, Series W 1995
p
.
a
34) If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any .
one or more parts, sections, subsections, sentences; clauses or phrases be declared iFlValid.
4$) The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
• 5,6) The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the provision
repealed or repeafed and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated herein.
G7) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. •
IIVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED OIVCE IIV FULL OIV
FIRST READIIVG this 17th day of October, 1995, and a public hearing shall be held on this
Ordinance on the 7th day of November, 1995, at 7:30 p.m. in tfie Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Lori Aker, Deputy Town Clerk READ AIVD APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of , 1995.
Margaret A. Osterfoss, iViayor
ATTEST:
Lori Aker, Deputy Town Clerk
C:\ORD95.21
3
Ordinance No. 21, Series of 1995
l
t
ORDiNANCE NO. 94
Series of 1995
AN ORDSNAIVCE PRO!/IDING FOR TliE MAJOR AMEMIDNAENT OF SPECIAL DEi/EL.APMEPIT
DISTRSCT fiVOo 39, GOLDEN PEAFC HOtJSE; AMENDING AN APPROVED DEVELOPMENT
PLAN FOR SPEC9AL DE!/ElLOPAAEIJT DISTRICT NO. 39 Ihl ACCOFiDANCE VI/ITH CHAPTER
1v.40 OF THE M NBL AtllUtllICIPA6. CODE'y LOCoM 7ED P6 tl 278 63MNSON RAN!?[-9 RoF1D/LO1S Ay
. By 651lOqD Cg BLOCK 6y tlpWBL tl'kLILA6i6 0ST F'6INC AhID A PORTION OF TRACT Ey tlM'L
' tl BLIL/A+MGE 511 WML[INi31y d+OAdD SG U tlIA9t7 FOR 1 H DG A N'LS I!!I 1"9EGf'iRD T6-7GQlETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special developmen4
districts within the Tovun in order to encourage flexibility in the development of land; and
WHEREAS, the developer, GPH Partners, Ltd. has submitted an application for the major
amendment of Special Development District (SDD) No. 31, for a certain parcel of property vuithin the
Town, legally described as Lots A, B and C, Block 2, Vail Village 1 st Filing and a portion of Tract E,
Vail Village Fifth Filing and commonly referred to as the Golden Peak House Special Developmen4
District; and
WHEREAS, the proposed major amendment to the SDD is in the best interests of the
community as it meets the municipal objectives identified in the Town of Vail Comprehensive Plan;
and
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission, on September 11, 1995, held a public hearing on the major amendment to the 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
WHEREAS, the Tovun Council considers that it is reasonable, appropriate, and beneficial to
the Town and its citizens, inhabitants, and visitors to modify the approved SDD No. 31; 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, RE IT ORDAINED BY THE TOVVIV COUNCIL OF THE TOVVN OF VAIL,
' GOL.ORADO, THAT:
SECTIOiV 1
The Town Council finds that all the procedures set forYh for Special Development Districts
in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied.
Ordinance Pdo. 14,
1 Series of 1995
i
i
SECTION 2 Special Development District No. 31 was established to e+nsure comprehensive development
and use of an area in a manner that will be harmonious with the general character of the Town,
provide adequate open space, employee housing, streetscape improvements and other amenities,
and promote the objectives of the Town's 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 whuich cannot be satisfied through the
imposition of standard zoning districts on the area..
SECTION 3
Special Development District No. 31 was established for the development on a parcel of land
comprising 8,375 square feet in the Vail Village area of the Town; Special Development District No.
31 and said 8,375 square feet may be referred to as "SDD No. 31
SECTION 4
The Town Council finds that the amendment to the approved development plan for SDD. No.
31 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town .
of Vail or demonstrates that either one -or more of them is not applicable, or that a practical solution
consistent with the public interest has been achieved. In.accordance with Section 18.40.040, the
amendment to the development plan for SDD No. 31 is approved. The amended development plan
is comprised of those plans submitted. by Snowdon and Hopkins Architects, and consists of the
following documents:
1. Sheet No. A-1, dated October 25, 1993 (site plan).
2. Sheet No. A-6, dated October 25, 1993 (basemeiit plan).
3. Sheet No. A-7, dated October 25, 1993 (ground flioor plan).
•
4. Sheet No. A-8, dated October 25, 1993 (second floor plan).
5. . Sheet No. A-9, dated January 12, 1995 and revised July 18, 1995 and -August 14,
1995 (third floor plan).
. 6.r.,..,.•.,Sheet_No. A-10. dated ,lanuarv 1?;;.1GG_x; anrl.,rPvjcpd JuIy_18, 19Q59 (#o!._!rth flcor
plan).
7. Sheet No. A-11, dated October 25, 1993 (fifth floor plan).
8. Sheet No. A-12, dated October 25, 1993 (roof plan).
9. Sheet No. A-13, dated January 12, 1995 and revised July 18, 1995 and August
OMinance No. 14,
2 Series of 1995
tl
~
t .
14, 1995 (building elevations). . 10. Sheet No. A-14, dated OcYober 25, 1993 (building sections).
11. Sheet No. A-15, dated October 25, 1993 (sun/shade analysis).
12. Sheet No. A-16, dated October 25, 1993 (Vievu Corridor No. 1 analysis).
13. Other general submittal documents that define the development standards ofi the
Special Development District. .
SECTION 5
In addition to the Approved Development Plan described in Section 4 above, the following
development standards have been submitted to the Planning and Environmental Commission for its
consideration and recommendation and are hereby approved by the Town Council; 4hese standards
are incorporated in the Approved Development Plan to protect the integrity of the development of.
SDD No. 31; the following are the development standards for SDD No. 31:
A. Lot Area - The lot area shall consist of approximately 8,375 square feet.
B. Setbacks - The required setbacks shall be as indicated on the Approved Development
Plans.
C. Height - The maximum height of the Golden Peak House BUilding shall be as
indicated on the Approved Development Plans.
D. Density Control - The maximum GRFA for fhe Golden Peak House shall not exceed
18,715 square feet. This figure includes 2,781 square geet of excess common area that has been
included in the GRFA. The approved density fo., the Golden Peak House includes fourteen (14)
dwelling units. Three of the dwelling units are approved to have lock-offs.
E. Site Coverage - The maximum site coverage for this Special Development Districf
shall not exceed 7,874 square feet, or 94% of the lot area, and shall be as indicated on the Approved
Development Plans.
F. Landscaping - All landscaping shall be in accordance vuith the Approved Developmen4
?ians.
G. Parking - As provided for in Section 18.52 of the Town of Vail Municipal Code, Off-
Street ParkinQ„~nd Loading,,~~,~rnClP.rtiPC,lnratari yv_ithin tha (:ommarCial ~,;nrn_ I'nnn f4i0tri.+a e6,~ll
not be allowed to provide required parking on-site. Parking shall be provided by GPH Partners, Ltd.
paying into the Touun's parking pay-in-lieu fund. The 1993 SDD approval required a total of 13.794
parking spaces. TOvis 1995 majmr SDD amendment pequ6res an additional 0e2197 parkir~~
spa'1reJ. P6iyYtl9e0YLL i4Y8o ILBtle paYkBYOg Uue0dg UoY Ilhe YO[iaDo9 SDO 6aC89G0ld9uEeC6t potlLLio00 o1 4l1e pOojp.Yty
Ordinance No. 14,
3 Series of 1995
. a
;
shall occur prior the Town's issuance of a Temporary Certificatre of Occupancy for the project,
according to Section 18.52.160(B,5) of the Towrn of Vail Municipal Code.
SECTION 6
The developer, jointly and severally, agrees with the following requirements, which are a part
of the Town's approval of this SDD No. 31:
1. That prior to the Town's issuance of a Building Pernnit for the construction of SDD No.
31, GPH Partners, Ltd. shall cause to be permanently restricted, two off-site, two-bedroom,
employee housing units per the Town of Vail Housing Ordinance. E_ach unit shall be a minimum size
of 700 square feet. The units shall meet the Town of Vail Housing 'Drdinance requirements and such
units shall be within the Town of Vail.
2. That prior to the Town's issuance of a Building Permit for the redevelopment project,
the Golden Peak House Condominium Association will contribute $32,000.00 towards the redesign
and redevelopment of Seibert Circle. The $32,000 contribution tovwards the redevelopment of Seibert
Circle shall be credited towards the Golden Peak House, should a future Special Improvement
District be created for this project.
3.. That prior to the Town's issuance of a building permit for the redevelopment project,
Vail Associates, Inc.; will dedicate open space.#o the Town. The rninimum area of open space shall
be at least an equivalent area, to that of the area of the Tract E: "overhang and deck" easements.
A portion of the Mill Creek stream tract will be dedicated to the, Town of Vail as permanent open
space and the Pirate Ship Park area of Tract E will be leased to 1:he Town of Vail for the purpose of
maintaining the park. The terms of the lease are to be agreed upon by the parties.
4. That the Golden Peak House Condominium As sociation and Vail Associates, Inc.
shali reserve a public pedestrian access, across Lot C, which is located between the Golden Peak
House and the Hill Building, by declaration to be recorded with the Eagle Counry Recorder. Such
decfaration shall be permanent and only revocable upon writtein agreement with the Town of Vail.
The deu-s.ration of public pedestrian access shall occur prior tci the Town's issuance of a Building .
Permit for the project.
5. That prior to the Town's issuance of a Temoorarv Cerrificate of.Orc;upanry.for the
redevelopment project, GPH Partners, Ltd. shall deed restrict two three-bedroom dwelling units
(Units 201 and 401) to be included in a short-term rental program, at comparable market rates, at
all times when said dwelling units are not occupied by the owner or his guests.
6. That prior to the Town's issuance of a TemporELry Certificate of Occupancy for the
Ordinance No. 14,
4 Series of 1995
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redevelopment project, GPH Partners, Ltd. shall deed restrict, the remaining two lock-offs in the
building (or equivalent), to be included in a short-Yerm rental program, at comparable market rates,
at all times when said lock-offs are not occupied by the owner or his or her guests.
7. That prior to the Tovun's issuance of a Temporary Certificate of Occupancy for the
redevelopment project, GPH Partners, Ltd. shall deed restrict, the two accommodation units (or equivalent) in the building, to be included in a short-term rental program, at comparable market rates,
at all times when said accommodation units are not occupied by the ovuner or his or her guesYs.
8. That the Golden Peak House Condominium Association, or fheir successors in
interest, shall participate in, and shall not protest or remonstrate against, any improvement district(s)
which may be established by the Town of Vail for the purposes of constructing improvements as set
forth in the Touun of Vail Streetscape Master Plan and/or the Vail Transportation Master Plan, if and
when an improvement district(s) is formed.
9. That the Golden Peak House Condominium ,4ssociation and GPH Partners, Ltd. shall
cooperate vuith, and shall not protest or remonstrate against, any efforts by the Town of Vail to
establish additional view corridors or amendments to existing view corridors as enhanced by the
project. Such changes and additions shall be pursuant.to the Municipal Code of the Town of Vail.
10. That the pedestrian arcade (which was originally proposed over the first floor retail
vuindows on the north elevation), and that the original ground floor plan, vuhich does not include the
curved retail vuindows along the eastern portion of the building, be reviewed by the Design Review
Board and included in the final building design, if required by the Design Review Board.
11. That GPH Partners, Ltd. further articulate the first floor "retail vuindows", by adding
divided lights to the large single panes of glass.
12. That the Design Review? Board revieuv the proposed roof form over the main entry on
the north elevation, and determine if the roof form needs to be lowered.
13. That the proposed tar and gravel roof for the building is acceptable.
SECTION 7
,4mendments to the ap,proved development plan which do nof change its substance may be
approyed,byyYhe.Planninp and Environmental Commission at a regidarlv sr_.hPrhIPrI niihlir nParinn
in accordance with the provisions of Section 18.66.060 and 18.40.100. Amendments which do
change the substance of the development plan shall be required fo be approved by Town Council
after the above procedure has been followed. The Community Development Department shall
determine vuhat constitutes a change in the substance of fhe development plan.
Ordinence No. 14,
5 sedas or 1995
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SECTION 8
The developer must begin construction of the Special Development District within three (3)
years from the time of its final approval, and continue diligently toward completion of the project. The
developer must meet the requirements of Section 18.40.120 of khe Municipal Code of the Town of
Vail.
SECTION 9
If any part, section, sentence, clause, or phrase of this ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and
the Town Council hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses, or phrases be decla.red invalid.
SECTION 10 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 Vatil and its inhabitants thereof.
. SECTION 11
The repeal or the repeal and reenactment of any provi;sion 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
raenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance
previously repealed or superseded unless stated herein.
Ordinance No. 14,
6 Series of 1995
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IfVTRODUCED, READ OiV FIRST REP?DIfVG, APPROVED, AiVD ORDERED
PUBLISHED ONCE IiV FULL, fihis day of , 1995. A public hearing on this
ordinance shall be held at the regular meeting of the Touvn Council of the Town of Vail, Colorado,
on the day of , 1995, in the Municipal Building of the Town.
Mayor
Attest:
Town Clerk
IiVTRODUCED, REP?D, ADOPTED AND EiVACTED OiV SECOiVD READING AIVD ORDERED
PUBLISHED (IN FULL) (BY TITLE OiVLY) THIS DAY OF , 1995.
Niayor
Attest:
Town Clerk
Ordinance Pto. 14,
" 7 Series of 1995
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R]ESOII..gJTION NO. 241
SERIES OF 1995
A RIESOlLUTffON ADOP7CING THE INTEdtG~VERNMIENTAL
AGRIEEME1`1T CONCIERNING THE IMPI,EMENTATI0N, OPERATION
A1`7D 1V'1LAIlallENA1VC1G OF TIC1L1li 61G°9°1°1" 1L1GLESd7LO1VE SlGRD'YCJGe
WHEREAS, an Agreement has been proposed pursuant to the authority of
local governments of the State of Colorado to contract with one another for the joint
provisions of services of function which they can provide individually; Section 29-1-
201, et seq. C.R.S. as amended, and Article 14, Section 19, Colorado Constitution;
` and
WHEREAS, the County of Eagle, Colorado, the Town of Vail, Colorado and
the Colorado State Patrol wish to enter into an agreement the purpose of providing
emergency telephone service; and
WHEREAS, Eagle County has contracted with U.S. West Communication
Services, Inc. for certain products and services, further identified in the Public
Service Product Sales/Installation/1Vlaintenance Agreement for providing enhanced
emergency telephone service; and
WHEREAS, the County, Vail and other participating Eagle County
Municipalities and service districts established the Eagle County Emergency
Telephone Service Authority pursuant to the Act, which is governed by the
Emergency Telephone Service Authority Board; and
WHEREAS, it would serve the public welfare and be in the best interest of
the Parties to participate in the installation, operation and maintenance of a central
emergency telephone service; and
WHEREAS, the Parties desire to enter into an agreement for the following
purposes:
(1) To create a mechanism for fhe installation, operation and maintenance
of the System; and
(2) To define the manner in which each, of the Parties will participate in
the installation, operation and maintenance of the System; and
WHEREAS; Vail and Colorado State Patrol have been operating Public
Safety Answering Points for the "E-9-1-1 " System under the informal agreement of
the parties.
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, that the people of Vail do hereby authorize the Town Manager to
enter into an Intergovernmental Agreement Concerning the Implementation,
Operation and 1Vlaintenance of the "E-9-1-1" Telephone Service as attached hereto
as Exhibit A.
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INTRODUCED, READ AND APpROVED AND ADOPTED THIS
day of November, 1995.
Margazet A. Osterfoss, Mayor
ATTEST:
Holly McCutcheon, Town Clerk ,
• Resolution No. 24, Series of 1995
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%NTERGOVEItNMEIdTA& A(31tEEMENT
COIJCE1tNXYdG THE YAtPLEIKE2dTATIONo OPEItATION piN%D MA%N'I'ENANCE
OF THE ovEe9m1e111 °I°E;LEPHONE SERVI(:Fa
This Intergovernmental Agreement for °8E-9-1-100 Telephone
Service ( 0°AgreementBO ) is made effective July 10 1995 by and between
the following parties (hereafter referred to collectively as
°OParties°°) e
1. Eagle Cour?ty, State of Cologado, a bociy corporate and
poli'tic, by and through its Board of County Commissioners
( 00Countyoo ) o and
2 e The Town of Vail, a municipal corporation (°BVailoo and
3e The Colorado State Patrol, in its capacity as dispatcher
for the County, through its facilities, located in Eagle,
COlOY'ado ( °OCSP°Q ) a
W%TIdESSE`I°Ha
FidgiEREAS, this Agreement is entered into under the authority of
local governments of the State of Colorado to contract with one
another for the joint provision of services of function which they
can provide individually; Section 29-1-201, et secr>, C.R.S. as
amended, and Article XIV, Section 19, Colorado Constitution; and
6dHEREAS, pursuant to Article 11 of Title 29 of the Colorado
Revised Statixtes (hereinafter the 00Actoo ).the Parties hereto are
delegated the power to enter into intergovernmental agreements of
. this type for the purpose og providing emergency telephone service;
and -
6dHEREAS, the County has contracted with U. So, 6dest
Communications Services; Inc e( 00U S 6dest°° ) for certain products and
services, further identified in the Public Safety Product
Sales/Installation/Maintenance Agreement (°°LT S West Agreement°°)
dated July 16, 1993, as are necessary for providing enhanced
emergency telephone service (collectively referredto herein as the
00System°°) ; and
WHEREAS, the County, Vail and other participating Eagle County
municipalities ancl service districts established the Eagle County
Einergency Telephone Service Authority pursuant to the Act, which is
governed by the Emergency Telephone Service Authority Board
( 0°Authorityoo ) ; and
- Exhibit A -
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WHEREAS, the Authority is not empowered to enter into this
. Agreement unless the Agreement is appr-oved.by the Eagle County
Board of County Commissioners; and
WHEREAS, it would serve the public raelfare and be in the best
interest of the Parties to participa.te.in the installation,
operation, and maintenance of a cenitral emergency telephone
service; and
WHEREAS, the.Parties desire to entetr into this Agreement for the following purposes: (1) t.o create a mechanism for the
installation, operation and maintenance of the System; and (2) to
define the manner in which each of.the Piirties will participate in
the installation, operation and maintenaLnce of the System; and
WHEREAS, Vail and CSP have been operating Public Safety
Answering Points for the E-9-1-1 System u;nder informal agreement_of
the Parties.
NOW, THEREFORE, in consideration of the mutual covenants set
forth herein, the Parties agree as follows:
I. GENERAL PROVIB:[ONS
1.1 Relative to E-9-1-1 communications equipment:
(a) CSP and Vail shall ensure that personnel are available to
receive delivery of products necessziry for the implementation
of the U S West Agreement and any subsequent equipment
agreements ("Products") at the Vail and CSP dispatch offices,
respectively, at dates and times to be determined between the
Parties.
(.b) Risk of loss and damage to Prod,ucts shall remain with the
Authority except as to any Products .in which, and at the time,
Vail and CSP, as the case may'be, take title.
(c) CSP. and Vail grant reasonablia right of entry to the,
Authority's representatives to deliver the Products and/or
perform all services contemplated urider or by virtue of the U
S West Agreement and any subsequent equipment agreements, and
will make available a reasonable amount of appropriate secure
space for storage of Products or pa:rts as necessary.
(d) CSP and Vail shall be responsible for.providing and
maintaining the proper site, proper environmental conditions
and electrical requirements for the Products.
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~ (a) TFae Pagties shall treat all informationo 'documents, or
materials it receives regarding. this Agreement as strictly
confidential, except as requirecfl by public disclosure law
applicable to governmental entitiese The Parties shall
protect such information from disclosure to the public, shall
supply it only to the Parties employees and personnel with a
need to know, and shall keep it in a secured placee
(f) One or more of the Products may be og may contain
software e %n some cases the Proclucts manufacturer has embeddecl,such software into the hardware as an integral part
of the Productso All software remains the property and full
ownership of the creator, developer, manufacturer, or
copywriter, whichever tPie case may beo If required by creator,
clevelopeg, manufacturer or copywriter, a license must be
granted to end-user, to use such software and may contain
specific terms and conditions for such usee These specigic
. terms and conditions for use are governed entirely by said
creator, adhered to by all partieso Upon the requirement og
a Software License Agreement or Sogtware Sub-License Agreement
by encl-user, such license shall be executed as required, and
shall ]become a part of this Agreemen't by referencee
(g) CSP and Vail shall promptly. report any Products
malfunctions to the Authority or its designee for repair and
replacement, provided that neither is respor?sible for repair
or replacement due to damage or destruction in the ordinary
course of use of the Productso
,(h) Vail and CSP shall maintain adequate and correct accounts
og all Products provided it by the Authority Board for the E-
9-1-1 Systeme The Authority may cause to be conductecl an
annual audit, which audit shall be conducted by an independent
certified public accountant licensed by the State of Coloradoo
1e2 Relative to the E-9-1-1 System generallyt
(a) CSP and Vail shall utilize their existing personnel to
operate the Public Safety Answering Points in their respective
communications centers to answer E-9-1-1 calls and dispatch
appropriate emergency personnel twenty-four hours a day, every
day of the yearo
. (b) CSP and Vail shall main'cain records ancl make reports as
reasonably necessary to support the E-9-1-1 Systeme
(c) Vail and CSP will be available to consult with the
Authority•at the Authority°s request, regarding equipment and
operations issues e . 3
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(d) The uniform charge per exchange access facility is
collected by the service suppliier and delivered to the
Authority. CSP and Vail hereto shall have no obligation to
collect this uniform charge. •
(e) Neither CSP nor Vail shall have any liability to pay for
any debt or other obligation incurred by the Authority unless
there is a specific undertaking by them to do so, accompanied
by an appropriation approved with the requisite formalities.
(f) The Parties shall adhere to all applicable health and
safety laws, rules and regulations including the Occupational
Safety and Health Administration's ("OSHA") rules and
regulations. The Parties agree to certify that there is no
, asbestos on any premises in any areas where the Products will
be installed. In the event the Parties will not certify an
asbestos free environment or asbe:atos is discovered in the
installation area, there may be additional costs to perform
under this Agreement in complianc;e with OSHA's rules and
regulations. The Parties understand and agree this Agreement
does not include the prices attributable to working in an
asbestos environment including, but: not limited to, asbestos
sampling, testing, cleanup or rero-uting or delays caused by
any of the above. The Parties u.nderstand and agree that
prices attributable to any of the above will necessitate an
amendment to this Agreement.
II. TERM AND TERMINATION OF AGREEMENT
2.1 This Agreement shall be in full force and effect upon the
execution of the Agreement and shall.continue in full force and
effect througfi June 30, 1996. Thereaf'ter this Agreement shall
automatically renew for successive one--year terms unless it is
terminated pursuant to the terms of para.graph 2.2e f
2.2 Any Party's participation in this Acireement may be teraninated
by written notice from such Party to the Authority Board at least
180'days prior to July 1•of any given year which_ termination will
take effect at the end of June 30. Termination of any party's
participation.in this Agreement shall terminate all unaccrued
obligations of the terminating party unless such Party has agreed
to any such liability but the Parties will be responsible for any
debt incurred prior to termination even nf not payable until after
termination.
2.3 Upon termination by any Party to this Agreement, the property
of the Authority shall be promptly returned,to the Authority.
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d agg o AMENDMExT AND WAIvER
3.1 RTo amendment of this Agreemer?t shall be valicl unless such modification is in wxiting and signed by the Partieso ATo waiver of
any provision of this Agreement shall be walid unless in writing
and signed by the person or party against whom chargedo
' gVo Ba%ABIYeYTYo gNSURANCE
4o1 The Parties and their governing bodieso employees and duly
designateci representatives shall not be personally liable for any
acts performed or omitted in goocl faith during the scope of their
duties pursuant to this Agreemento - 4a2 Each party to this Agreement shall provide its own public
liability and property damage insurance coverage as it may cleem
necessary gor any potential liability.arising from this Agreemente
4.3 Each Party hereto specifically acknowledges their familiarity
with the I,imitation of I,iabilitv contained in the L1 S West
Agreement, noting that the Parties° obligations are synonymous with
that of the 00Customer°°, as identified in the U S West Agreemente
404 Vail and Authority shall indemnigy and hold harmless each
other in connection with claims, losses, damages, liabilities, anci
lawsuits to the extent they arise from, or are alleqed to arise
grom, negligent acts solely in. connection with their respective
performance under this Agreement or use of, or operation of the
Product(s) sold, inst'alled, and maintained under this Agreemento
This indemnity extends solely to claims and lawsuits for personal
. injury, death, or destruction of tangible propertya
4 0 5 IYd NO EVEYdT SHALL ANY PARTY. BE LIABLE TO A1dOTHER PARTY FOR ATdY
IATDIRECT, SPECIAL, IIdCIDEIVTAL OR CONSEQUEIdTIAI, DAA4AGES FOR AATY
REASOIV WHAT60EVERo • V. MYSCELY,AA1EOUS 501 The Special Provisions attached hereto are incorporated herein
by this reference as though set forth in fullo As used therein,
°°contractor°° shall mean and refer to Authority<
5e2 This Agreement and the Parties° actions under this Agreement
shall comply with all federal, state, and local laws, rules,
regulations, court orders, and governmental agency orders in
existence at the time of execution og this Agreement, and as may be
amended from time to timee
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5.3 If any of the provisions of the.termts and conditions contained
herein shall be held to be invalid or unenforceable in any
jurisdiction in which these terms anci conditions apply, such
invalidity or unenforceability shall ;not invalidate or render
unenforceable any other term or condition, but rather these terms
and conditions shall be construed aind enforced accordingly.
However, in the event such provision i;s considered an essential
element of these terms and conditions, the Parties shall promptly
negotiate a replacement thereof.
5.4 This Agreement does not and shall not be deemed to confer upon
nor grant to any third party any cause o:f action, right to sue, or
allow any claim against any Party or the County because of any.
services provided hereunder or any breac:h hereof or because of any
terms, covenants, agreements or conditions contained herein.
. 5.5 This written agreement, incorporating its attactlments,
embodies the whole agreement between the Parties hereto, and there
are no inducements, promises, terms, conditions or obligations made
or entered into by any Party other than those contained herein.
5.6 This Agreement shall.be binding upon therespective Parties
hereto, the.ir successors or assign, and may not be assigned by
anyone without the prior written consent of the other Parties
~ hereto.
5.7 This Agreement may be executed in counterparts. Executianof
this Agreement by fewer than all Parties shall cause the Agreement
to be effective between those Parties.
5.8 Notice hereunder shall be given by United States mail to the
address of the entity as set forth herein, said notice being deemed
received three days after mailing.
IN WITNESS WHEREOF, the Parties hereto have caused their
. respective names and seals to be affixed hereto, as of the day and
year herein above set forth.
COUNTY OF EAGLE, STATE OF
COLORADO, By an.d Through its
Attest BOARD OF COUNTY COMMISSIONERS
By: By:
Clerk to the Board of James E. Johnson, Jr., Chairman
County Commissioners Post Office Box 850
Eagle, CO 81631
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68LTESd °o ~ 10w1V OF tl!'!1L
Byo Bye .
Cleg'k
Mayor
' 75 S o Frontage ltoad West
Vail, CO 81657
CO D TA PATROL By>
. Its
0 o
Not 1c addresse .
Attachments:
State of Colorado Special Provisions
c\E911
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. - ,r. Farm i•Ac•028 . SYLLLU.. T•R.UvISIUNS
CONJCRULI.EIt'S APPROVAL ~
d.
I. This contract shall not be dremctl valid until it sha
ll havc becn i*ppror•cd by the Cunlruller of the Siate of
. Coloriido or such assistent as he may designxtc. 1'his prw•ision is aPplicahle to any contract involving the pay- ; ment ul', moncy by the State. FUND AVAILABILITY '
2. Financia) obiigations of the Statc payAb.lc aiier the currcnt liscal year bre euntingent upun tLnd., I'or that
purpose being appropriated, budgeted and utherwise maJe uvailnble. '
BOND RFQUIREMENT . . .
If this cnnlract involves the payment of mnre than IiRy thousand dollars for the construction, crection,
repair, maintenance, or improvement ul' anv building, road, bridge, viaduct, tunnel, excavatian ur other public ~
works I'or this State, the eontractnr shnll, heliire enlering the performance of any such work included in this con. i:
~:`~r tract, duly executc and. deliver to und lile with thc ollirial whose signature appears below Oor the Statc. aguod ,
and sufFiclent bund or other acceptuble surety to be approved by said ofliciu) (n a penal sum not less than unr-
, N;Z::. halrof the lnUt l amuunt peyable by ihe terms tiI'thi.4 rontrucl. Such bond s,hall be duly executed hy a yua lilicd .
com° ~
,,.ratc surciY, cundition;.d for the cluc.and I'ailhf'ul pcrl'orhnflncc c~t' Ihc contruct, nnd in additian, shal) providc ~
' ,~,.1h
. at ff the contractor ar his subcohtractors fuil to duly pey I'or any lebor, tn,aterials, team hire, sustenance, pro- '
visica;=, pravrndor or ather supplics uscd ur cunsumcd hy sudi contruclur ur his subcontractor in pcrtiurnancc af
:he work_ zontrncted to be clonc, the sutety wiil pay the s:unc in an nmuunt rnot cxceeding the sum tipccificd in the
~
- bonc, logether with inteiesl at the ral~~ ol' eight pcr cent per annum. Unless such bond, when sa reyuired, is
:xteuted. delivered and filed, no rlajm in favor of*the contractor arising under this contrnct shall be audited, .
s`f~riec; ~x paid. A; certilied or cashier'x check or ;t bank money order pa~~,nble to the Treasurer of thc.Siate ~f t.
...oloradu :-wiay _ct accepted in lieu of a bond. This provision is in cornpliance with 38-26-106 CRS, as ainended. ;
' -rPTDEMNIFICATION .
4. To the extent :?uthorized by law, the contractor shall indemnif
y, sa.ve and hold harmless the State, its
cmplo%ccs and agc;nts. dgainst.any and all claims. d.un;igcs, liahility anJ court awtirds including casts, exrensrs. .
and attiirney lees incurred as a resuli oI any ,ict or „mi,sion by the controctur, or its employees, a~;entx, subcun.•
• tractors, ur assignees purtuant to the lcrms of this rcmtract. .
DISCRIMINATIpIV qIYD ri"1l1hIA'I^_VE ACTION ~ .
5. The contractor agreec to comply with the Icucr and spiril uf the Colorfido Antidiscriminatian Art uf 1957, as amended, and other applicablc law respcrting (liscrimination and unf'air empluyment practices 124•• 14-4U2.
CRS 1982 Replacement Vol.), and as rcquircd by Exectitive Order. Equal Opponunity and A1lirmative ,qction,
. dn(ed April 16. 1975. Pursuoni Ihereru. ihr,%h!ln?ving nrarisinqs .chul/ he iruqfuinell itl a!l Slp/t cnirlruc(s or '
• sub-contrac•!s.
l')uring the prrRirmanc:c oI' ihis cc•mtract. llic cimtroiclor agrces as liillows: Will 11111 disrruiiinalr ag:nll.,i ;111y rin11l41.%rr itr applic.inl 611. cntlihrynirni I?rrau.c ul'
tacr. crceJ. culur. nqtiunul uriaiu. %cx, iuariisil .i:iiuti. rrligiim. :uirestiry. mcntal ur pliy.iral handicap. ur
, agc. l'hc contractor will,take aftiimnative action to insurc lhat applicant;;'gre employed, and that employees
are trcuted during employment. without regarcl tn thc above mentiuneil charecteristics. Such artiun shall
inclu(ie, but not be limited to the lollowing: cmpluyment, upgrading, demotion, or transter, rccruitment or ~
recruitment advenising; lay-oll's f,r Ierminaticros; rates cil' pay or t,thcr li,rms of compensaticm; anJ selec-
liun i')r training. including apprenticeship. T'hc conlractur agrccs to posl in cqnspiruuus rlaces. ;ivpilablc
to employezs and applicants li>r employinent, notices tu be provided'6y the contracting ol'licer setting fonh
pruvisions ol' tfiis non-dis6rimin.ilion cIausc. %
l'hc contractor will, in all :ulicitations ur advertiscments lior rmployees placed by or on behall'af the
cimtrartor, state that all qualilicJ applicants will rcccivc coi»idcration I'or employmcnl without regard to
race; creed, color, national urigin, sex, marital staws, religion.ancestry, mental or physical
handicap, ur aEe.. • • ,
(3) 'fhe cuntractor will send tti carh lahc,r union tir represeniatiVc ul'workers with which hc has cullertive harKaining ngreement ar uthrr contract i,r urn.ter.t:inding, noticr tu be providcd b}• the contracting ofTicer, advising the lahor uniun nr workrrs' rry,re.cntativ,; oI'Ihe cuntrarlo~r'y i:ummittment under the Exccu!ive ~
Order, Equal Upportunity ai.d Aflirmative .4rticm. duierJ Apxil 16. 1975. anc1 ol'the rules. regulaticros, and
rclcvant Ordcrti of thc Cicovrrnia. • .
(4) 'fhc contrcictur and labtir uni„us %t ill furnixh a!I iiiltir?natitln antl rcl,orts rcyuirccl hy lixccuiivr UrJrr,
I:yu:il UnpoiYUnity an(i Alli:ni:iti%c A;:uon %.PI'Al,ril I(,. 1975. und b) tluc rulrs. rceulati..ins und (?rCr~:)!'
Ihi! Cio-v,,!!l1:er, p'Sf;,t!;!n( 1Jl'tl[1l1 SICCI'5ti (0"hi, books. records. and uccounts Mthc con- .
tracting agc!iry and the ol'(ic : ul' the Gavrrnar (ir liis designcc lor purposcs ul' invcstigatiun to asccnain cumpiiancc wiiii such rulcs.. reeulatiuns nnd unlcr. (5) A labororcanizaliun will n(u cxctudc any individual c,thcr~k1sc qualiiicd fram ful) mcmhership rights in '
,uch lahor orsanitation, or cxi-prl ;in% sucli iniliviJual I'rom mrmhcrahip in such labar organiratiun ur dis-
criminaee against any ol' itx mrinhers in llir full eiijoymenl ol' wnrk oppununily, berause of racr, creed, ~calnr, sex, nalional oribin, or aiiccstry, f
(b) labr. r organizatiom. oi ilic rmpli,yrc; iir membcfs thercol' will not ,.rid, abct, incitc. comprl or cacrcc
• the doing af any act delined in (hi; con;raci to be discriminaion• or cibstruct or prevent any perxim from
y • rumrlyi?te wilh the provisions ril ihis corarac1 (ir ::ny urder issurd iherrunder; or aitrmpt, either directlu or
indircccl). iu :niiimil anv :i:t iI:•linrcl in tiiis conu•sicl tt? hr disrrimin;iitorv. ' '
:95 :3-0I 1023 . .
' ~orm 6-Ac•02c . .
'f~ ; " • , . '
' "(7) gn the eveee2 oQ' eiie coneractor's non-coenpliance with the non-discrimination clauses of lhis con-
' ' eract or vuith any of such niles, regulaeions, oe orders, this contract may be cancelled, terminated or sus-
~ pended in whole or in part aod the coneractor rriay be declared ineligible for further State contracts in
I ~~!<0 i ,:accordance with procedures, 'authorized`in Executive Order,'Equal Opportunity and Affirmative
Action of Apri) 16, 1975 and the rules, regulations, or orders promulgated 'an accordance therewith, and
such other sanceions as. enay be imposed and remedies as may be invoked as provided in Executive
Order, Equa) Oppoe4unlty and Aftirm8eiye ACQ1on of April 16, 1975. or by rules, regulations, or orders
pro~atul~ated.dn;~ccord~nc~ thereweth, or as otherwise provided by law. ..~1'..j i...; . !'r . . . . . i;•
°(8) "The eoneeaceor wil) enelude the pro'visions of pat agraph (1) ehrough (g) in every sub-contract and
subconfeactor purchase order unless exempt^d by rule::, regulations, or orders issued pursuant to
L• xecueive Order, Equal Opportunity andA('fir,native Action of April 16, 1975, so ehae such provisions
will be binding upon eech subconeractor or vendor. 1'he concrector will eake such action with respect to
any sub-coneracfing or purchase ordef'as:Qhe conttactlhg agency may dlrecf, as a means of cnforcin
such provisions, including 9anetions for non-compliance; provlded, hoevever, ehaf in the event the cong
tr actor~becomes involved in, or, is threatened;with, lidgation wifh the subcontractoe or vendor as a result
ol'stie+h directdon b}i`QPtesonePacelhg agtnc~, the contractoP enay reques~ the State,qf Colorado to entcr
inlo such Ilti atlon. o~ pr
ti,.a.)~• . , .
otece the InteresQ of the State oPColorado.
.c~0~..~~~~~~~~ °?~~~ipdid~~~~"°~~~.'~~GIt9~,.8~YLJ~l~nrl~: fBlOlj I]2J{$IUgAl121V 2H .~i1~~~~~ii, 1J~•
aCeovis~onk r;airl }rna. ~~~u:.:: ' ~ ~1•~r;~^~A.90 he. f!'1 -~~I~ y~` F ~ii •.1 ~t, '
iIs•~
;~prefe~ehce of C:oloeado lebor ere.epplic'sble to thts contracc if ublic
~,r, i wf?FiEti tlie State a~~ Lnd~ "en. ~eriund~r arid are financed In whole or in . p
.a~,:;~~~ . , , , pett by?ScateFunds:~
b. WI1';;1 a construcelvn~contract for a pUbJlc ptoJect (s td be ttwarded Qo a btddee, a tes(dent bldder shall
be
'h~I01 ed a Eyi ,4crehce agelnst a don-Petideht bldder from n state or foreign coun4ry equal to the preference tven
,'.;;K~tequfred by seatc or foreign country In which the non-resident bidder is a resident. If it is g or
o(Ticer responsible for ewarding the bid that complianCe with tl~is ;ubsection .06 may causc dcnial of federal funds.
j`whtch would otherwise be available oe would oth'erwise b^ r,~~sistet~t with re ui determined by the section shall be suspended, but only to the extend nece3s,~, 9 rements oFfederal law, this sub-
inconsistency with federal aequArements (section 8-19-1 t) 1 and j 0revnt 2e CItS)~a~ °f the moneys or to eliminate the
. 2'sElilERA8., • • .
'''7. ''The laws oP, the StAte •oP Colorado and rules and regulaeions issued ursu 1
Interpretation, ettecution aod enforcoment of this contracc, An P ane ehereto shall be applied in the ~
porated herein by reference which provides for arbitration by any eztra jud cial body otr per on or worhich is not other-
incor-
wise in con(lict with said laws, rulos and regulations shall be considered null and void. Alothing contained in any
provision incorporaced herein by reference which u
; in part s!~ ~,II tie valid or enforceable or available in anyact on at law whelher by way of corrlplapnt,Vdef nsn Whol or
- wise. Any o,-ovision rendered null arid void by the operation of this provision will not.indalidate the remaindercr
' lhis cc;neract to the etttent that the contracc is capable of execution. • of
8. At all lirnr.s during the.performance of this Contract, the Contractor shall strictl adher `
;
federal ancl sti-te laws, rules and. regulations that hAVe been or may hereaRer be est blishede a~l a~'P~~cablc
. 9. .'i'hc sipitatories hereto ader that they are familiar with 18-8-301, et, se . and 18_$.401, et, sey., (AbUSe of Public Ollice), CRS 1978 Replaceiiient Vol, aBdi hat no ~iolaticm tolns ch cro-
visions is present.
. P
. 10. Thc signatories nver'that io thcir knowlcdgc, no state cmployec hns a personal or beneficial intcrest what-
soever in the scrvice oc property'described hcrcin:
IN WI'1 NESS WFOEftEOF, the pArtics hcrcto havic eAeculcd this Contracc wrilten, oii the Ja~• first abuve
ontractur : ' . •
(Fu gal t4arne)
• . STATE OF COL.OItAbp
. .
ItICI-iARD D. LANIM9 ~°a0i/EIt R.
, By ,
~ . °S EXECUTIVE DIRRE„CTOR. .
POSIllOn (TIIlC) ' . ' ' . .
~ . .
~
( . S+'"aI Seear~r Pd~~„larm Fodarn11.0. mAsr ~LP/eC~a ~Ya~,tl~
, 0F
~ . ' ( BP Co .
tporaUon;)
Aftest (Scal) . • '
. z. . . . . .
Byu '
^ t'apvei4. Sterflory. or F:yeiralQM. TtnyayCb,rtCoanly CI , • ' '
APrROV `AT-roKNEv.cEwERAr. cotvTKOi_LErt
By
By .
1tlY.41 pl PogR aMcA i? Nt Icit uf •
Poata
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AAENIORAND[JAA
TO: Town Council
FROM: Community Development Department
DATE: fVovember 7, 1995
SUBJECT: Appeal by an adjacent property ouvner of a DRB approval of changes to a previously
approved set of pians and an appeal of a PEC approval of a Conditional Use Permit
for an employee housing unit, located at 126 Forest Road/Lot 5, Block 7, Vail Village
1 st Filing.
Applicant: Ron Byrne
Appellant: Mike Flannery
Planner: Lauren Waterton
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BAC^GROUND .
In March 1995, the applicant, Ron Byrne, submitted an application for a Conditional Use Permit for
a Type II Employee Housing Unit (EHU) and Design Review Board (DRB) approval of a new
primary/secondary residence, including the Type II EHU. On May 8, 1995, the Planning and ,
Environmental Commission (PEC)_approved the Conditional Use Permit for the EHU. On June 7,
1995, the DRB gave final approval to the project. The applicant has now applied for a building
permit. However, due to a number of changes to the building and the site plan, it was necessary for
the DRB to approve ihese changes, prior to the Town of Vail issuing a building permit. The DRB
approved these changes at the October 18, 1995 meeting.
Additionally, the PEC's approval of the Conditional Use Permit was ruled invalid by an Eagle County
District Court Judge because there vuas insufficient notice given to the adjacent property owner,
Mike Flannery. The address of the adjacent property owrner, which was provided to the Town of
Vail by Ron Byrne, wras incorrect. The court issued a Temporary Restraining Order that prohibits
the Town of Vail from issuing a building permit that contains the EHU. According to the Court, if a
new PEC hearing was set with proper notice to the adjacent property owners, and the PEC
approved the Conditional Use Permit, then a building permit with an EHU could be released. This
new PEC hearing took place on October 23, 1995 and the PEC approved the Conditional Use
Permit request.
The adjacent property owner to the west, Mike Flannery, has appealed these two decisions to the
Town Council. Please see the attached letters of appeal for further information. DRB Approval
The changes that the DRB approved at the October 18, 1995 meeting include a shiff of the building
approximately 12 feet to the east, removal of doors and windows where the employee housing unit
used to be located, removal of stairs to the employee housing unit and several window changes.
The DRB approved these changes to the building with the following conditions:
,
i
1) Provide staff a new landscape plan with special attention to the retaining wall and
the area in front of the building.
2) Remove the blast protection screen immediately upon completion of excavation.
3) Should the PEC approve the EHU on October 23, 1995, the design of the north
elevation with the EHU may substitute for this approval.
PEC Approval
The PEC felt that this employee housing unit met all of the criteriEt required for approval of a
Conditional Use Permit and approved the request, by a vote of 6-0, with the following conditions:
1) This Employee, Housing Unit shall comply with all iuture regulations pertaining to
Type II Employee Housing Units that may be adopted by the Vail Town Council.
2) Prior to the issuance of a building permit for the proposed structure, the applicant
shall sign a deed restriction using the form provided by the Town of Vail. This -
document will be recorded at the Eagle County ClE:rk and Recorder's Office and will
require that the employee housing unit be permanently restricted for employee
housing. STAFF RECOMMENDATION
Staff recommends that the Council uphold both the DRB approvaU and the PEC approval. We find
that the changes that were approved by the DRB meet the intent of the Design Guidelines.
Additionally, we find that the Employee Housing Unit meets the Clonditional Use findings specified
within the attached staff memorandum to the Planning and Environmental Commission.
~ ,
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~ ~ ~
Al~]~IEA~. TO ~'OWI~ O~' VAI~, 0 C T 1 3 199
n
OWI`V eCO~TI~T~CI~IL rov - C0MM0 DEVQ DEP"
Pursuant to Section 18.54.090 of the Town of Vail Municipal Code (the "Code") dealing
with Design Review, Flannery Properties ("Flannery"), the adjacent property owner at 146 Forest
Road (Lot 6, Block 7, Vail First Filing), Vail; Colorado (the "Flannery Property"), appeals to the
Town of Vail Town Council (the "Council") the decision and actions taken by the Town of Vail Design Review Board ("DRB") and the related actions taken by the Town of Vail Department of
Community Development ("DCD") on October 18, 1995 in connection with application of Ron
Byrne for the new development of dwelling units at 126 Forest Road (Lot 5, Block 7, Vail First
Filing), Vail, Colorado (the "Subject Property"). These actions also relate to actions taken by
• DRB and DCD in connection with the Subject Property in June, 1995.
The bases for this appeal are that DRB and DCD:
l. Failed to address and comply with the intent, purposes and objectives of design
review, as set forth in the Code at Section 18.54.010, as they affect surrounding development and
neighboring property owners and users.
2. Failed to address properly and comply with the submittal and review requirements
of Section 18.54.040 of the Code, and failed to determine properly and enforce compliance with
applicable provisions of the Zoning Code (Title 18), as required by,Section 18.54.040 of the
Code.
3. Failed to address and incorporate the issues raised in the litigation now pending
before the United States District Court for the District of Colorado, Civil Action No. 95-Z-1870,
which directly affect the development of the Subject Property, including but not limited to the
proper area.of the Subject Property, the permitted uses and dwelling units on the Subject
Property, and the applicable set bacYcs for structures on the Subject Property.
4. Improperly approved a plan which includes an Employee Housing Unit ("EHLT")
on the Subject Property which EHU had yet to be approved by the Town of Vail.
5. Failed to provide Flannery with (i) its due process rights as guaranteed by
Article II, Section 25 of the Colorado Constitution and the Fourteenth Amendment to the United
States Constitution and (ii) its right to petition the Government for a redress of its grievances, as
guaranteed by the First and Fourteenth Amendments to the United States Constitution.
Because Flannery was not given notice of, and could not participate in the June,
1995 DRB hearing, and was deprived of an opportunity to provide a full presentation of its
position at the October 18, 1995 DRB hearing, Flannery requests that the Council give it an
opportunity to present fully its position, and further requests that the Town of Vail preserve the '
#127541
~
~
- . ~
f
status quo and not issue any building, or other permits to furthe:r develop the Subject Property
pending this appeal.
DATED: October 23, 1995 Respectfully subm.itted,
FLANNERY PRaPERTIES
By: HOLME R0I3ERTS & OWEN LLc
B : ~y~,~/~}.~"'c'`' ~ • _
Y
Lawrence L. Levin, Esq., Member
its attorneys
1700 Lincoln, Suite 4100
Denver, Colorado 80203
(303) 861-7000
Address of Flannery:
c/o Valley Printers
16230 Filbert Street
Sylmar, California 91342
a1z7sa1 -2-
lUOUi v:, li.Jb 'bp" • -
a
APPEAL TO T~~ OF VAIL
'g'OWN COITNCIL
Pursuant Fo Section 1 E.60.470 of the Tawn of Vail Municipal Code (the "Cocle") dealing with
appeals to the Town of Vail Town Council (the "Coancil"), JFisnnery Properties ("Flanaery"), the
adjacen4 propertY owner at 146 Farest Road (Lot 6, Block 7, Vail Fffs'e Filing), Vail, Colorado (the
'iFlannery property"), appeals to tlne Council the decision and actions taken by the Towm of Vail Planning
and Envieonffiental Commission ("TlEC") and the related actions taken by the T'own of ti'ail I)epartment
of Cotlumuaity Development ("Dt:D'~ on OCtober 23, 1995 in connection with application of Ron Byrne .
for a conditianal use permit to allow foP a Type II employee hvusinf: unit at 126 Fores4 Road (Lot S,
Block 7, Vail Fissst Filing), Vail, Calorado (the "Subject Property"). '
The bases foe this appeal are that PEC wd DC1Q'
1. Approved a Type II efngloyee housing unit ("EI$LT") within a Pri.mary/Secondary Zone
Diseric4let, wbach lnt did not meet 4he rninivnnrn lat size requiremen4s for Zome District.
2_ . Failed to adciress And inr.n,r,rate the ic.,aies raisecl in the Iitigation now pending before
the Uniteil States District Court for the Distric4 of Co2orado, Civil Ac4ion No. 95-Z- 1870, which directly
a,ffect the development of tlre 3ubject Property, iucluding bi.ie not tivnited tn the pmper arca of the Subjeet
property, and the permitteii uses and dwelling units on the Subject Properry-
3. Failed to consider adequately and apply the eriteria for approvaI of ~EHCT conditional
use geemit, as se$ fot#h ia § 18.60.060a of the Code.
4. Erzoneassly found ehaf the proposed use would camply witlt eaeh of the applicable
provisions of Title 18 of the Code, in violation of § 1S.60.060B of the Code.
Tlaranery requeses thsY the Gouncil give it an oppartunity to present fully its position, and further
requosts that 46e Town of Va.i1 prescevc thc status quo and nat issue any building, or other pesmits to
further develop the SubjECt Propeety pending this appeal.
DATEI7: Octaber 30, 1995 Respectfially submiited, FLAIYNERY pROkERTIES
. . By: HOLNiE RQBERTS & U9dEN LLc
. ~e .
By_
Lavvrence L. Levin, Esy., Xblftcnber
ifs attomeys
1700 Lincoiry Suite 4100
Denver, Colexado 90203
(303)861-7000
AddreSS of Flannery:
c/o Valley Peinters
16230 Filbert Street
Sylmar, Ca[iforma 91342
flI2TSal
~
6
' .
MEMOFdANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 23, 1995
SUBJECT:- A request for a conditiona! use permit to allow for.a Type ll employee housing unit
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing.
Applicant: Ron Byrne
Planner: Lauren Waterton
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1. DESCRIPTION OF THE PIROPOSED USE
In Septernber and December of 1992, the Town Council passe-d Ordinances 9 and 27, Series of
1992, to create a new Chapter 18.57 - Employee Housing, to F,rovide for the addition of
Employee Housing Units (EHUs) as permitted or conditional u:>es within certain zone districts
within the Town of Vail. The definition in that ordinance states:
Section 18.04.105
, "Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be
leased or rented for any period less than thirty (30) conisecutive days, and shall be
rented only to tenants who are full-time employees of E:agle County. EHUs shall
be allowed in certain zone districts as set forth in Chapter 18 of this Code.
Development standards for EHUs shall be as provided in Chapter 18.57 -
Employee Housing. For the purposes of this Section, ei full-time employee shall
mean a person who works a minimum of an average oi thirry (30) hours per week.
There shall be five (5) categories of EHUs: Type I, Type II, Type III, Type IV, and
Type V. Provisions relating to each type of EHU are sE;t forth in Chapter 18.57 -
Employee Housing of this Code."
In this proposal, the applicant is proposing to construct a Type II employee housing unit on a
portion of the second level of a new prim ary/second ary residerice. The employee housing unit
will be approximately 495 square feet in size and will irrclude oine bedroom, one bathroom and a
. kitchen/living area. One enclosed parking space will also be provided for the EHU.
As described in more detail later in this memorandum, the applicant is proposing to utilize two
"250 additions" in conjunction with the development of the employee housing unit.
~
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fle ZON8NG ANALYSIS
Allouved/Reauired per P/S zoning Proposed Develo ment
Site Area: 0.3611 acre or 15,730 sq. ft. Same
Height 33 feet 33 feet
`GRFP? 5,173 sq. ft. 5,153 sq. ft.
**Site Coverage 2,360 sq. ft., or 15% - 2,325 sq. ft., or 14.8%
Landscaping 9,438 sq. ft., or 60% min. 11,658 sq. ft., or 74.1%
Parking 7 required 7 proposed
Setbacks:
Front: 20' 23.5'
Side: 15' 44' - west
Side: 15' 21' = east •
, Rear: 15' 29'
*This figure includes two 425-square foot credits plus tvvo 250-square foot allowances for the
EHU.
k*Since the area beneath this house and parking area exceeds a 30% slope, the site coverage
allowance is reduced from 20% to 15%. Additionally, no more than 10% of the total site area
(1,573 square feet) may be covered by driveways and surface parking.
M. cR@rERIA e4ND F1ND9NGS
Upon reviewr of Section 18.60 - Conditional Use Permits, the Community Development
Department recommends approdaC of the conditional use permit based upon the following
factors:
A. Consideration of Faciors:
Before acting on a conditional use permit application, fhe Planning and Environmental
Commission shall consider the factors with respect to the proposed use: -
1. Relationshi and imbact of the use on the development objertives of the
Town •
VUhen the Town Council adopted the Town of Vail Affordable Housing
study on November 20, 1990, it recognized the need to increase the
supply of housing. The Town encourages EFiUs as a means of providing
quality living conditions and expanding the supply og employee housing for
. 2
~
y
,
both year-round and seasonal local residents. The proposed unit will have
a positive impact on the Town's housinci needs.
2. The effect of the use on light and air, di;;tribution of po ulation.
transportation facilities, utifities, schools,parks and recreation facilities,
and other pubfic facilities needs.
Staff believes that there will be little impact from the proposed Type II EHU
on light, air, population, transpartation, tatilities, schools or parkS..
3. Effect upon traffic with particular referenice to congestion, automotive and
pedestrian safety and convenience. traffic flow and control. access.
maneuverability1 and removal of snow from the street and arking areas. It is likely that there would be one additional vehicle associated with this
residence. Staff feels that this would be an insignificant impact on the
above-referenced criteria.
4. Effect upon the character of the area in which the ~roposed use is to be
located, includinq the scale and bulk of t:he' proposed use in relation to
surrounding uses.
The scale and bulk of the existing structiure is very similar to those in
existence in the surrounding neighborhood. Since the proposed employee
housing unit will be located within the building, it would not appear to have
- a negative effect on the scale and bulk of the residence in relation to
surrounding uses.
5. Em,~loyee Housing Units may be allowed as a conditional use in those
zone districts as specified by Title 18 of the Vail Municipal Code for
Ordinance No. 27. Series of 1992. Emolioyee Housinq and shall be sub'lect ,
lo the following conditions:
a. It shall be a conditional use in the Single-Family Residential, Two- '
. Family Resideniial and Primary/~Secondary Residential zone
districts. .
The subject property is zoned Primary/Secondary Residential.
b. It shall be permitted only on lots ~nrhich comply with minimum lot
size requirements of the zone district in which the lot is located.
At 15,730 square feet in size, the, lot meets the minimum lot size
requirements in the Primary/Sectmdary zone district.
c. It shall be located within, or attached o, a single-family,dwellina Qr
be 4ocated within, or attached to, a iwo-family dwelling..pursuant lo
Section 18.54.050(1) - Design Guidelines Duplex and
Primary/Secondary Develo men1:. It may also be located in. Qr
. . 3 _
e
attached to, an existing. arage grovided the oarage is not located
within any setback and further Qrovided that no existing arking
required by the Town of Vail Municipal Code is reduced or
eliminated.
The proposed Type II EHU will be located within the
primary/secondary residence.
d. IA shall not be counted as a dwelling unit for the pur oses of
calculatin density. How?ever, it shall contain kitchen facilities and •
a bathroom as defined in Chapter 18.04 - Definitions of the
Municipal Code It shall be permitted to be a third dwellinq unit in
addition to the two dwelling units wrhich may already exist on the
lot Only one Tvpe II EHU shall be allowed e~ r lat
The proposed EHU uvill be a third dwelling unit on the site. It
contains a full kitchen and full bathroom facilities.
e. It shall have a GRFA not less than three hundred (300) square
feet nor more than nine hundred (900) square feet An ap licant
however, shall be permitted to apply to the c:nmmunitX,
Development Department of the Town of Vail for additional GRFA not to exceed five hundred (500) square feet to be used in the
construction of the EHU The applicant shall submit an aq lication
for the additional GRFA on a form provided by the Communitv
Development Department Approval or denial of the request shall
be made by the Design Reviewr Board in accordance with Section
18.54.040. If an applicant obtains Design Review Board aRproval
for 500 square feet of additional GRFA for the EHU he or she shall
not be entitled to receive additional GRFA pursuant to Chapier
18.71 - Additional Gross Residential Floor Area of this Code for
either unit on the lot. If an applicant obtains Design Review Board
approval for not more than 250 square feet of additianal GRFA for
the EHU he or she shall be entitled to receive additional GRFA
pursuant to Chapter 18.71 - Additional Gross Residential Floor
Area of this code for one dwelling unit on the lot
The EHU is 495 square feet in size. The applicant has submitted
an application for 500 square feet of additional GRFA ufiilizing the
provision which allows for the use of 250's "up front" when creating
a new Type II EHU. No additional 250's will be allowed on this
property in the future.
f. Itshall have no more than two bedrooms
The proposed Type II EHU includes one bedroom and therefore
complies with this criteria.
4
. '
. g. No more than two (2) adults and one (1) child not older than
sixteen (16) years of age shall rE:side in a one (1) bedroom Type ll'
EHU. No more than two (2) adults and two (2) children not older
than sixteen (16) years of age shall reside in a 1wo (2) bedroom
Type II EHU.
Since this unit is a one (1) bedreiom Type II EHU, the first part af
the above listed regulation will bie complied with.
h. Each Type II EHU shall be required to have no less than one (1)
parking space for each bedroom located therein. However, if a one
(1) bedroom Type !I EHU exceeds six hundred (600) square feet, it
shall have two (2) parkina spaces. All arking s aces re ic~ red ~y
this Code shall be located on tie same lot or site as the EHU. If
no dwelling exists upon the property which isproposed for a Type
II EHU at the time a building perimit is issued, or if an existing
dwelling is to be demolished and replaced by a new dwelling, not
less than one (1) of the ap rking 5paces required by this naragLaph
shall be enclosed A 300 squarE: feet GRFA credit shall be allowgd
for the construction of one enclosed arking sQace for the Ty ell
EHU.
Since no dwelling units currently exist on the property, the
applicant must provide one enclosed parking space for the
proposed EHU,
B. Findinas:
The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit for an E=mployee Housing Unit:
1. That the proposed location of the use is in accord with the purposes of this
Ordinance and the purposes of the district in which the site is located.
2. That the proposed location of the use and the conditions under which it
would be operated or maintained would not be detrimental to the public health, safery, or welfare or materially injurious to properties or
improvements in the vicinity.
3. That the proposed use would comply with each of the applicabie
provisions of Title 18 of the Vail Municipal Code.
IV. STAFF FtECOMMENDATION
The Community Development Department staff recommends aipproval of this application for a
Type II Employee Housing Unit. Staff believes that the review criteria have been met as
discussed in the memo. Regarding the findings, staff believes that finding B1 is met as the
proposed use is in accordance with the purposes of the zoninci ordinance as well as the zone
district. Finding 62 is met, in staff's opinion, as the proposed use. is not detrimentai to public 5
d
health, safety or welfare. Finding 63 is met, in staff's opinion, as the proposal complies with all of
the standards of the zoning code. Staff recommends approval of the request with the following
conditions:
1) This Employee Housing Unit shall comply with all future regulations pertaining to
Type II Employee Housing Units that may be adopted by the Vail Town Council.
2) Prior to the issuance of a building permit for the proposed structure, the applicant
shall sign a deed restriction using the form provided by the Tovvn of Vail. This document wrill be recorded at the Eagle County Clerk and Recorder's Office and
will require that the employee housing unit be permanently restricted for employee
housing.
Please note that under Section 18.60.080 of the Town of Vail Municipal Code, the approval of a
conditional use permit shall lapse and become void if a building permit is not obtained and
construction not commenced and diligently pursued toward completion, or the use for which the
approval has been granted has not commenced within two years from when the approval
becomes final.
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75 South Frontage Road Office of the Town Manager
Vail, Colorado 81657
970-479-2105/Fax 970-479-2157
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin~
Town Manager ~
DATE: November 3, 1995
SUBJECT: Town Manager's Report
Public Works Tunnel
Several weeks ago the Council asked about replacing the tunnel under I-70 which provides access
to the Public Works shops. We have discussed this matter with CDOT who are unwilling and/or
unable to fund this project. Therefore, if it is to be replaced it will be done at the Town of Vail's
expense. We believe this to be a lower priority item and should not be funded at this time.
Sunburst Drive Bike Path
At the last meeting, Lou MesKimen discussed the possibility of striping Sunburst Drive to designate
a bike lane. The road through the Sunburst residential area was not widened to accommodate a
bike lane, and therefore we are unable to stripe it. From the corner of Vail Valley Drive and
Sunburst past Fallridge will be widened to accommodate a bike lane and will be striped accordingly.
This will be done in conjunction with the Pulis Bridge replacement project in April - May 1996.
World Alpine Ski Championship Marker
We are currently working on a design and cost estimate for a new World Alpine Ski Championship
marker. We expect the Town carpenters to fabricate a sign and to install it. This sign will be
comparable to the one at the entrance to Beaver Creek, and we expect to have this project
completed by November 30.
Pitkin Creek Bridae
Also at the last Council meeting Lou MesKimen made some reference to replacement of a bridge
across Pitkin Creek in the vicinity of the Pitkin Creek Condominiums. We have located the bridge
in question. However, at this time we are not sure it is a Town of Vail responsibility as we can find
no agreements which reference this bridge replacement. Public Works is, however, preparing a
cost estimate for replacing this bridge.
~ RECYCLED PAPER
~10
~
Covered Bridye Replacement
A large spruce tree was killed during the construction of the Covered Bridge Building. We have
since removed the tree, and were prepared to replace the tree (at the developer's expense). Rod
Slifer has indicated he felt the removal of this tree opened this area and provided an aesthetically
more pleasing view from Bridge Street as well as from Slifer Plaza. The replacement of this tree
is part of the developer's agreement and would require renegotiation of said agreement if it is not
to be replaced. We intend to replace the tree and will do so within the next two weeks.
Haagen Dazs Bus Stop
Several weeks ago Council questioned if we could improve the Haagen Dazs Ice Cream Shop. As
may recall, the estimate for this work was approximately $15,000. It appears that we will have some
savings from some projects in 1995 and will be able to construct this project in-house next spring.
RWM/aw
C:1Townmgr.rpt
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MEMORANDUIVI
TO: Town Council
cc: Bob McLaurin
FROM: Susan Conn and Andy KnudtsenC
Department of Community Development
RE: Afforda,ble Housing
. DATE: October 31, 1995
FOR YOUR INFORNIATION, we attended a meeting on October 30 with 12 staff
representatives of Eagle County, Avon, Eagle, Gypsum and the Catholic Archdiocese to discuss
what is happening in each jurisdiction regarding affordable housing. Les Marsh of Vail
Associates was scheduled to attend but was unable to do so.
The group is scheduled to meet again in late November, at which ti.me our agenda will
include discussion of: what is "affordable"; what target markets each community may be
addressing (e.g., families, seniors, seasonal employees); approaches to employee
generation/mitigation ordinances; the transportation and housing linkage; updating existing _
housing needs studies; and discussing information obtained about housing activites in Aspen,
Snowrnass, Telluride and Summit County.
We see staff's involvement in this discussion group as furthering two of the Council's
critical strategies: first, promoting a regional dialogue on the critical issues facing the Vail Valley
" and Eagle County, and second, facilitating the construction and retention of local housing which is
affordable and comparible in order to maintain the social and economic viability of the Town of
Vail. We will keep you informed on this topic.
~ •
.
I ~ _
Nad'BailyYuesd'ay; Oc~o_tier_39;: 1 Pagi:5' .
_ - _
~~ds snow noUs'~, ~
g. crunch,_:
By Andrew Hood o HOMF-S : 12 available . homes .
advertised. The cheapest is a five-bed-
oa;y scatr wrrter
rcom home in Gypsum for $1,200 a:(.^
-
Just how month, plus urilities. The mos[ expen- _
, many jobs and rental units :sive hbme was a three_
\ are available in Ea le Coun ~ ~~m home'
g h'• in Vail ai $3,200 a mon. .
='fl~scan of the dassified ads in the th. CONDOS: 40 condomiiiiiiins;~:;;
Oct: 30e~ition of the.Vail Daily gives. ; ranging` from:
an i nclic studios... to foui-lied=-_ _
atioa More than 195 ads.were . ro6~ Th
T:~,.
ui:~tlie help-wanted section Monday:::'. . prices: _e avera e co sted: :wi
Most com g per room is
panies had seyetal posirions $6pcj; ~m $950 for a studio in Easc
available with each posting. With hun- Vail to $415 pei room for a thiee-tied- ;
dieds~of jo b' s up for gra6s, there is a `
shrinldn . ~orri condo in Eagle.
S P~1 of available tiousing, a r
t ,?;.„PARTMENTS:: Six listinSs
leasf according to, what's advertised.
.
~_While m . g_ with prices. The average ino
pani esco nthly rent =
P_ntrol perty maria ement com= for a room in a`shared apactment is ~
many units-.that aren't $612, from $700 for a one-bedroom in
listed'ar~d many employers provide Eagle-Vai1 to $SOO per room for a
raoms~for their workers, Pnces an:-on,. bedroom lock-offin Vail. . '
tbe ris'e. for available housing iii the; ROOMMqTEs
_markecpiace. The average month] Twenty A~D:
rent is more than $(Op for a noom in adverti ~m listings witli prices are
shared`condominium or aPar~enC~.= ~'e average rent $495
" . per month, from $388 per. month for a
Here's a breakdown of the housing room in an Fdwards condo to $625 pei :
ads in Monday's Vail Daily:: month to share an Ea
.A.:~:~ _ - . > gle-Vail condo. '
. . .
i..
Officc of the liturd of C:ommi%cioni:rt [:aglc C'cminty Ruildir,t;
(970) 328-A(i(IS P.U. Ikox NSp
1=7x: (970) 12N-77.(D7 . • ~(I(1 Iltc~a~w.ly
17)I): (970) 32N-8797 , . ' - 1=at:1r, CoIvrado B I631-014150
. - _
Oc4ober 30, 1995 - 9:55
EACLE COi1Iy'TY, COLORADO
~ . .
A G END~
~OA~ ~ ~UNTX C 6MMISSIONERS
R~~ULAR MEETeNG DAY
NOVEMBER 69 1995 .
4 O ff{y C fl A O d A O 8 3 d A A A b fi b 8 6 b A 4 4 C 4 O b O 8 O t} d Q 0 O
. 8:30 WOFtK SESSION - PEIVDIIVG L9'f1GATI0N
Jarnes R. Ftitze, County Attomey
9~00~ ~ ~~?e9~ BREAK
WORbt SESSlON - WEEI(LY @1PD14°TE
ft,15 - t2:00 WORK SESSIOIV = AAEETIN~~ ATTEtVDED
12:00 = qo30 LUNC6d
4:30 _ `r1AS CON5ENT CALENDAR ' 4ewt9 of e mutine atld I0n-con6oren3j3l natunP are Pleced on the rAnsonl celender to allow ihe Boyrd of County CpRgdStIonarc m
cmd anotgy ma ro impprtant Itomu on m~n ~~d ~s Gme
9thq apenaa. Any Coironiesion,ur rmq requeal tAat an flem 6e'REMOVEp° (rm the conowd CW-WW
Md 00noWamd 801030". Rny mrdmber ot the public mmq "REQUE37" any iiem be'REIUOVFh• 6om Ihe Coneenl Ag"dm.
9e B9a(L PAY9NG
Linda Pankuc9l, Ac,counting
fiAark Siivertharn, Controlie~
~CTBONo Approval subject Yo revieve by the Chairman,
2. PAY ROLL FOR NOVEIUIBElZ 9, 1995
Mark Silverthom, Controller
~CTpON: Approval subject to review by the Chairman.
3 ' .
Eagle Baaad of County Comrnissioners
Agenda, Noeember G, 1995 .
Page 2
3. APPFtOV~~ EA(3LE BOARD OF COIJNTY
. CoMnnrsseoNERS MEETING MrNUTES sEpTEMSER S.
9995 THROLlGFO OCTOBER 3a 9995
ACT6ONe Consider approval.
. .6o ~~ANGE ORDER (VO. a TO 1995 Gl1AFtDRe41LCONTRACT
, Lloyd Powers, Engineering
Don FessJer, Road & Bridge Director
ACTION: Consoder approval.
1:46 - 2:00 FtESOL@9TBQR9 REGPaFtDING TEIE MA?TTER OF THE
APPLJCAT@ON OF HOiIAESTEAD FILING 29 BLOCIC 13-16
EXTENSBON OF THE P'UD PRELtMINARV PiAN
APPEtOVAL RESOLUTION AL.LOWIIVG EXTEIVSIOIV
PENDING HEARING
6Cathy Eas41ey, Planning Department
ACMNo Consider approval. 2:00 - 2:05 UQUOR UCEMSE HEARIIVG
1e RENEVVa4L = 4 EAGLE RAfVChi dba 4 EACiLE RAPVC6-f
(Tabled from 10/24/95)
. Earlene Roach, Liquor Inspectar
2°06 - 2~20 MA0NTENANCE SERV9CES AGREEfVIEIV'T OETVYEEN
' EAGLE COIDNTY, STATE OF CQLORADO AND AVIATION
SYSTENIS AAI4INTE[dANCE 9fVGe FOiZ AIRPORT
Airport Personne9
~CTSON: Consider approval.
2:20 - 2:30 TRAPiSPOR'fAT6ON SERVICES AGREEwflENT BET'VVEEN
EAGL~ ~~~NTY, STATE OF COLORADO AND TINE TOWN
OF A1lON FOR A1/01VlBE"ER CREEK TRe4NS11P
James Fritze, County A4torney
~CTION: Consider approval
2:30 - SaCo BREAK
Eagle BAard of County Comm'sssioners '
Agenda, IVovember fi, 1995 _
Page 3 0
S.-OD ° 3:45 ' W4RK SESSIBN - HU!lAAN SERI/ICE 63ttANTS
PMtESENTSATION OF 1996 FtEQl1ESTS
Kathleen Forinash, Heaith & Fluman Servic,es
Director ~
ACTIONo Budget recomnnendation.
t. -
r .
7FIE PIEXT PAEETiWG QF fliE EAGLE COUPd7Y COMMISSIONERS V19LL BE MELD ON PIOVEMBER 93. 1995 A61 A+IEEflNGS lflAl.l OF WELD IM 711E ENGIE COIIP!'I'Y 9uII.01NQ - SOG BROAOMYAY, E/1GLE- OR O1TIERYNSE NOTED.
7P41 i AGENIDA IS PRWIOEC FM INFORAM710PfAL PURPOSES aN6Y -ALL TIME6 ARE APPROXIMATE.
7F1E 8QAR9 bIRiRE IiV SESSIOfd ktAY COPd$IDER 0711ER fTERAS T}9A7 ARE BROUGMI' REFURE !Y.
Uf(ice o( the I10s1rd af (_:c>mmissioncrs I:aglc C:cwnty liui[ding
(970) 32N-R6(15 I'.( lit)z 850
1=ax: (970) 328 7207 • 5l)u (lnoadway
Tl,)I): (970) 32R-8797 I.ikli•, C~ulu~:~di~ 816i14.)95O
Novemberr a, 1995 - 12:55
EAGLE COIINTYP COLORAI)O.
AMENDED
. . ~ ~~ENDA
~OARu uF uuUNTY COMMISstONERs
REGULAR MEET6NG DAY -
NOVEMBER 6, 1995
8 8{1 b 8~ b 8 8 d Cf dr 'A 8 p O O Q 9 W Q A Q C vr f7 t} d O 4 ly d b b 4 O O O
TfftiE FOLSOWIDtlG ITEoffiIS d741M GBGEN I!D&/ED 8 O G 68E
NOVEhABER 6p 9995
BOARD OF COUNTf COMMISS{ONERS AGENDA
1o30 -9:45 CONSENT CALENDAR
Iftm of m enulene end non.mnlmveasaat nal¢oe aia Placev un Iho Wnsnld c.1laodrer m aHuw the Boerd of CouMr Commismionem Eo aqond W tlns
• and mnagg wo eeom impoiten9 ilams an a Iwoglhy egenda. Anq Commieeinner may requeet the9 an ilem be 'ftENOVED° fmin the eoesant eeleowf~a
WRd oapsldenod SepFd1lBly, aey mwmbor ul the pubfsc meq 'REGUEST' any item ba 'REMOVED° ftmelo the CaneeM Agenda.
. 6. ClllC1IM 9'Oo7SISTd`!Itl\iE lSltlD K.AW EalFoRCElYIENT 67lSflNT
AIr PlLICATIOAFI
Kim Artdre, Sheriffs Office "
ACTION: ConsideP appPaval.
S. 6RESOLU'i'ION ESTABUSFIINt3 THE EAGL1E CO!!N~
PLANN9NG COMM155i0N FOR °ff1E COIJNTY OF EAGLEO
STAT~ OF COLORAD0 AND APPOINThAENTS THEREI'O
Keith Montag, Cammunity DeeeBopment
wCTlON: Consider approval. .
3AS -4000 ZS-372-95-CO6.ORA~O MOUNTAIN. EXF'RESS (tabled faom
10139196'
Paul C9arkson, Planner Community Devve9opm :rai ACT8ON: Consider approval.
761E NEXT NAEE'f?dG OF TPiE EAGLE COUNTY CONiMISSIONERS IRALL BE F1ELD ON AtOVEAABER 93, 1993
AL6 WAEIETM3 bVILL BE HELD IN THE EAGLE COSIN7Y BUILDING - 600 BROAOWAY, FJQLE- dR OTHERYUISE PIOTED.
11115 A¢EAIDA IS PROYIDED FOR INFdRMRTIONRI PURP0.aES ONIY - ALL TllNES ARE AFPROXIMATE.
1HE BOARD bV1i1LE Ifd SESSIOW AAAY COIdSlDER 07HER ITEMS TPiRT ARE BROUGHT BEFORE IY.
Ullicc uf lhe liolrcl nf ('ommicsinne.n 1?aglc ("nunty I3nilding
,
(970) 1lA-80» f'O.1D03i 850
fau: (970) 328-77.07 . 5lx) IRn,adw,y
TD1)~ (97(I) 728-N797 , lat;;k, (:aluiacln 8163I Q85()
oc4ober 30, 9995 - 10:09
EAGLIE COtIN'I°l', COLORADO
AGENDA .
ARD u0"`F'%0.'#`0UNTY COMM`SS,ONER~
~~GULAR MEETING DAY
NOVEMBER 70 1995
4 A Q tr O A d i7 ~ 4 4 a 4 d fl Op 8 p d Q C Q O b R 4 4$ b 6 8 8 b tt 4 4 Q
. ELECT'ON DA$
THERE WILL BE NO REGIll.AFB MEET1NG OE THE
GLE BOARD OF COUN'TY CO11AN11$SIOIVERS
THE PIEXY MEETIiVG OF THE EAGLE COUPdTY CaMwlsSlvNERS bNLI BE HELD OM PIOVEMBER 13. 1995
ALl RAEETIAIOS 1Rfill eE MELD Iim THE EAGLE COtJPdTf BUILDING - SOa 6R4Anvw,Y, enGLE- OR OTFiERVw3E NO7ED.
TNIS AOENDA IS PPdOVIMD FOR INFORAAATtONaI PURPOSES ONLV - ALL TiNES AttE APPROXIAdATE.
THE BOARO 1l1MRE lN SESSIOIV MAY COAISIDER OTHER fTEh95 iHAT ARE BROUGMT BEFORE IT.
l'own of Nail
, Sales Tau Estima4ion VHorkshee4
11 /1 /95
/ Changa % Change
• 1995 Buaget trom rrom
AAonth 1984 1985 19B6 1987 1988 . 1989 1990.:. 1991 1992 1993 1894 Budgef Esflmate Varlence 1994 Budgef
January -742,262 881,304 890.5851,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,8552364 1,805,707 1,869,600 1,893,104 23,504 4.84% 1.26%
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 I 1,883,100 1,814,425 (68,675) 0.00% -3.65%
AAarch 1,084,814 1,187;520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 21051,820 11977,995 1,988,090 2,250,656 2,326,900 2,137,616 (189,284) -5.02% -8.13%
A ril 481,204 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 820,500 789,381 (31,119) -0.67% -3.79%
RPlay 166,200 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268;000 257,248 287,315 296,000 322,970 26,970 12.41% 9.11%
June 262,696 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 564,900 588,974 24,074 7.32% 426%
July 406,462 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 926,100 889,156 (38;944) -0.41% -4.20%
August 402,792 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 928,100 861,634 (66,466) -3.36% -7.16%
September 384,864 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 753,200 644,553 (108,647). T4'=11.129'0 ` 44.42%
TOTAL 4,755,944 5,137,288 5,557,360 6,039,331 6,531,185 7,929,906 8,336,944 8,829,623 8,891,939 9,466,959 10,011,262 10,370,400 9,941,813 -428,587 -0.69% -4.13%
October 206,248 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 417,000
Plovember 310,588 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 605,300
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 1,992,855 I 2,057,702
~'<'~~:::~~:~:~.:'>~:~.?"z<>~..'>3:.~;>':<:..;..~;.
. . . . . . . . . . .
. ~ ~ ~
iTotal 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 13,007,013 13,450,402 9,941,813
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71'OWN OF ~AIL
75 South Frontage Itoad
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR I6UdMEDUATE (~~~EASE
iVovember 1, 1995 .
Contact: Susie Combs, 479-2178
Transportation Administrative Assistant
TOV DEBIT CARD HOLDERS ARE AS9CED TO REACT9VATE 6,AST SEASON'S PAF89C9NG
PASSES FOR UPCOMIIVG SEASON
(Vail)--If you purchased a debit card from the Towrn of Vail's parking office last season, your
card can now be reactivated for the 1995-96 season free of charge. Just bring your debit card
into the Finance Department on the lower level of the Municipal Building, 75 S. Frontage Rd., or
the Transportation Center office on the fourth level of the Village parking structure. The Finance
office hours are from 8 a.m. to 5 p.m. Monday through Friday, while the Transportation office hours are 8 a.m. to 5 p.m. Monday through Friday and 8 a.m. to noon Saturday and Sunday.
Last season, the town sold about 2,000 debit cards through a new technology that replaced the
more cumbersome coupon program. The debit card is available to Eagle County residents,
employees or homeowners with valid identification. Many of last season's cardholders will
receive a credit for unused parking from last season. The town is prepared to credit. a total of
$23,000 worth of paid debit card parking which was never used last season. The credit will be
applied only to those individual accounts showing a positive balance when the cards are
reactivated. Proof of eligibility must be provided when activating the cards, even if you have had
a card in the past. New applicants will pay a$5 non-refundable fee for the debit card.
Debit card users will pay $5 per day to park in the structures this wrinter. UVithout the discount,
a full day of parking costs about $10. The debit card is available in 10-, 15-, 20-, 50- or 100-day
increments.
For more information on how to reactivate your current card, or how to purchase a nevu card,
contact Susie Combs in the Transportation Center office at 479-2178.
# # #
RECYCLED PAPER
~
1e
eb
TO WN OF VAIL
75 Soutb Frontage Road Department of Public Works/Transportation
Yail, Colorado 81657
303-479-21 S8/FAX 303-479-2166
. October 31, 1995
1VIs. Beriy S. Josey
,
4402 Westside Drive
Dallas, TX 75209
Dear Ms. Josey:
Doctor Tom Steinberg asked me to respond to your letter suggesting the permanent opening of
the forest access and Vail Associates road behind the Vista Bahn chair lift to Ivlill Creek Circle.
We will certainly look into whether or not Vail Associates (VA) would consider having this
access route from Vail Road to 1VIil1 Creek Circle opened up to the general public. All access,
except the forest service road portion, is located on private property, therefore VA would have to
agree to opening this route to thc general public.
The Town of Vail (TOV) would encourage the opening of this road segment if all parties, i,e.VA,
1Vlill Creek residents etc., could agree to it. This would include responsibilities for maintenance
and repair, and restricting access to summer only.
The TOV has considered heating Bridge Street and Gore Creek Drive. This is very expensive to
do and has significant year to year costs associated with operations and maintenance. Although it
is a nice to have project, there are higher priority infrastructure needs that must be taken care of
first. With the continued decline in revenues coming to the TOV, careful expenditure of funds
must be made to the essential projects within the town. This will remain on our unfunded projects
list.
Again, thank you for your letter. lf I can answer any further questions, please contact me directly
at (970) 479-2173.
Sinc ely,
~
Larry . rafe
Director
xc: Town Council
1.':..
~
\
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TOWN OF VAIL ~
75 South Frontage Road Department of Public Works/Transportation
Vail, Colorado 81657
303-479-21581FA X 303-479-2166
October 30, 1995
Mr. John Lancaster
5047-A Ute L,ane
Vail, CO 81657
Dear John:
Thank you for your recent FAX regarding your concerns about loss of free parking for
employees.
One of the largest concerns that the cornmunity continues to voice as a significant problem is
continuing traffic congesrion and delays. In response to this we have developed a Transportation
Management System that uses disincenrives, such as, parking fees to discourage usage of single
occupancy vehicles and at the same time encourages use of public transportation or car pooling.
There continues to be "free" parking available at Ford Park and the Soccer Field if you arrive
before 7 a.m. or you have three or more people in your automobile. There is also available paid
"debit card" parking at the parking structure for $5/day which is primarily intended for employees.
Even though I disagree with your assertion regarding "social engineering", it is true that we are
attempting to reduce the dependence upon the automobile and encourage the use of public
transportation or car pooling. Changing car driving habits and offering viable transportation
alternatives is our only objective in reducing traffic congestion within Vail, not denying parking to
employees or guests.
Sincerely,
L . Grafel
Director
~c: ~own-GounciL-~
Bob M[cLaurin, Town Manager
.,.5;
.
To the Town Council,
To the town of Vail and Vail Associates: Gettinq rid of free parking is
not a budget-driven decision, it is social engineering. The amount of money
' generated by the additional parking fees is a noticeable, but small percent
of the budget. The cost of parking is large, however to most of the
employees who have to drive to work. The implied message is clear: "We (the
investors, business-people, executives) don't want you (little people) to
drive to work. We want to reserve those spaces for the people who will
spend more money in a week than you earn in months.". Here's the problem.
If and when the transit tax passes there still won't be significantly
improved regional transport this season. We won't have the drivers or the
buses to provide the level of service required to dissuade people from
driving. The only immediate effect will be a decrease in available workers
for our already understaffed operations in town and on the mountain.
Consider this: When was the last time Ford Park filled up during the ski
season? How many times did the Lionshead structure fill? It isn't that we
need to insure parking for the guests, because it's always available.
However, if our level of guest service continues to deteriorate, and it
will, we certainly won't need more guest parking.
Before it gets even harder for people to work in Vail, we must have the
means to get here without driving. There may no longer be room for free
parking in Vail but, until county-wide transit provides good service, there
is a need. Don't charge in the soccer field, don't charge in Ford Park
until 8:00 am, give the workers a break. You can afford it. They can't.
John Lancaster
5047-A Ute Lane
Vail, CO 81657
479-9969
.
e4
T0WN OF VAIL ~
75 South Frontage Road Department of Public Works/Transportation
Vail, Colorado 81657 ,
303-479-21 S8/FAX 303-479-2166
October 30, 1995
Ms. Alice Cartwright
920 Fairway Drive
Vail, CO 81657
Dear Ms. Cartwright:
Thank you for your recent letter regarding the 1989 Alpine Ski Championship monument.
The debate continues on where this monument should be placed. There are several suggestions
and altematives that have been proposed with the current thinking being that it is appropriate to
place it at Golden Peak as that area is redeveloped. Vail Associates is currently looking at
including it in the special events area.
Again, thank you for your input from the Art in Public Places board and their recommendation
for the monument location.. Please call me any time at 479-2173 if you have any further
questions.
Sincerely,
L . Grafel
Director
xc: To~Gouneil--3
. Chris Ryman, VP Vail Associates
d - ~3
~
9
a-Llo; t4T~~.~ 7-6)
V,4
ez- ~
, I/14
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V4,
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X C . ~~c,s,u.e.c.2 . . •
K-
Vail Recreation
D I S T R I C T
292 W. Meadow Drive
va;l, co 81657 BBLLaNG STATEMENT C,~J
30.3-479-2279 ~
FAX: 303-479-2197
nnMMsTRATIVE oFFIcES TO: Chip Woods ~
479-2450 Ski Club !laii SPECIAL EVENTS .
479.2465 FROMe Jim Heber
Dobson Ice Arena
MARKETWG BRANCH
479-2446
DATEe October 30, 1995
VAIL GOLF CLUB
1778 Vail Valley Drive
479-2262
GOLF&PARK Please remi4 $1,750.00 4o Dobson Ice Arena for hard costs
MAINTENANCE
1278 Vail VaUcy Drivc associa4ed wifh the 1995 Ski Club Vail Ski Swap, held October
479-2262 27-29, 1995. Please see 4he following breakdown:
FORD PARK
TENTiIS CENTER
700 S. Finntagc Road Manpower/Sef-up crew $1,200.00
479-2294 Cur#ain Rod F2ental @$50/day $ 100.00 '
JOHN A. DOBSON ARENA UtII1t18S
321 Lionshcad Cincle Elec4ric (3 days) $ 350.00
479-22" , gas/water/sewer/trash removal 100.00
VAIL YOUTH SERVICES
395 E. Lionshead Circle
479-2292
VAIL NATURE CENTER Amoung due by. Nodember 95, 1995 $10750.00
Vail Valley Dnvc
479-2291 .
cc: F'am Brandmeyer
Town of Vail
Town of Vaoe
SaBes Tatt Estumation WoPks9oos4
' 10/26/95
% Chenge % Change
iW5 suager rrom trom
MO P1 . 8 . ~'D 1~4 1985 1~ 1~7 1888 1A98 1&~0 1~1 1~2 1861? 1~4 Budgef EaUmate Vailance 1~4 Budget
.
.
':;~;::::=;:';:;;:::;:;i:;:::::::::;`;::;:;rS:: r:::;:::;:::;;:::•::•;:::;:.:r>::•:::;:o:;;;:;;:.::•;:•;:.;:::::::::::
Janua 742,262 881,304 890,585 1,063,195 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,869,600 1,893,104 23,504 4.84% 126%
Fabrua 824,650 918,154 946,552 1,135,7861,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,883,100 1,814,425 (68,675) 0.00% -3.65%
Nflarch 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 2,137,616 (189,284) -5.02% -8.13%
A ril 481,204 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 820,500 789,381 (31,119) -0.67% -3.79%
AAa 166,200 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 296,000 322,820 26,820 12.36% 9.06%
June 262,635 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 564,900 588,449 23,549 7.22% 4.17%
Jul 406,462 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 928,100 888,090 (40,010) -0.53% -4.31%
dugus9 402,792 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 928,100 863,849 (64,251) -3.11% -6.92%
Se 4ember 384,864 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 753,200 641,403 (111,797) -11.56% -14.84%
TOTdL 4,755,944 5,137,288 5,557,360 6,039,331 6,531,185 7,929,906 8,336,944 8,829,623 8,891,939 9,466,959 10,011,262 10,370,400 9,939,137 -431,263 -0.720/. -4.16%
October 206,248 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 417,000
Plovember 310,588 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,307 553,681 594,491 605,300
Decembee 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 1,992,855 2,057,702 -
Total 61179,538 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;013 13,450,402 9,939,137
dd
ng
~OWN OF v~IL
75 South Frontage IZoad
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
F0R InAMEDIA`PE RELEA5E
October 24, 1995 .
Contact: Niike Rose, TOV Transit Manager, 479-2178
IMichelle Caster, TOV AD,4 Coordinator, 479-2114
PUB= COMMENT SOUGHT ON LOCAf~ PARATRAfVSIT SERV9CE
AT NOVo 9 9iEARING
(Vail)--The municipalities of Vail, Avon and Leadville will hold a public hearing next
month for comment on the area's transit service for persons with disabilities.
The free paratransit service, as required by the Americans with Disabilities Act (ADA),
has been offered jointly by the three communities since July 1992.
The public hearing is scheduled for 6 p.m. Nov. 9 at the Vail Municipal Building. At
that time, residents will be encouraged to suggest improvements or recommend other
changes to the service. A sign language interpreter will be provided at the meeting
with 24-hour advance notice. Rlease cafl 479-2114 (voice) or 479-2356 (TDD)*.
The current transit program, whichoffers free door-to-door service, is outlined in a
120-page document, and is available for public review by calling 949-6121.
In 1994, the three jurisdictions provided more than 500 individuals with paratransit
service.
# # #
*TDD stands for Telecommunications Device for the Deaf
RECYCLED PAPER -
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TOWN OF VAIL
75 South Frontage Road Office of the Town Attorney
Yail, Colorado 81657
970-479-2107/Fax 970-479-2157
October 24, 1995
Mr. Bill Hanlon
c/o Wild Bill's Emporium
225 Wall Street
Vail, CO 81657
Dear Bill:
I am responding to your correspondence suggest'ing that the funding for a lobbyist could come from
the Real Estate Transfer Tax.
The. Real Estate Transfer Tax fund is created and governed by Section 3.48.090 of the Municipal
Code. The fund shall be subject to appropriation for only the following purposes:
1. Acquiring, approving, maintaining, and repairing real property for parks, recreation,
open space and similar purposes; 2. The construction, maintenance and repair of buildings which are incidental to parks,
recreation and open space lands;
3. Landscaping parks and open space;
4. The construction, maintenance, repair and landscaping of recreation paths set forth
in the Town of Vail Recreation Trails Plan as it may be amended by the Town
. Council from-time to time; 5. Paying incidental costs and principal of and interest on any funds borrowed for the
purposes set forth in Section 3.48.090 A.
As you can see it would not be appropriate for the funding for a lobbyist to come from the Real
Estate Transfer Tax.
Very truly ours,
R. Thomas Moorhead
Town Attorney
RTM/aw
xc: Town Council Robert W.1VIcLaurin
RECYCLED PAPER
V
TOWA V OS P! AlSAr
• IxtptatiIatqttiry Respon.se Record .
The ateached comments were getently geceived by ghe Town of Vailo Vile encourage Vail
residents and guests to giwe us stgeh inpug and we sfirive for fiimely gesponses. pLEASE
A.DDRESSS THESE COIVCERNS WITIM4 FrVE W0PJCNG DAyS AI~ RMUW TIO
COnRI'I,ET'M FORM T°O 1'Ali,I BRANDNMYM
.
. DEPA.RTMENT T°O HAiDLE IIUQIJIRY
' IIVDIiDLTAI. TO HAiNDI,E IIVQUIRX m
DAI°E TOV RECEIVED R\jPuT/INQLTIlZY 10,315
. C~ ~c~-~. [G~•~5~
T)TE OF INPLPP/Il~TOLTIIZY:
PHONE CALL (indicate date)
LETTER (attached) t
IZFSPONSE CARD (attached) ~~''4''~4•
TYPE OF RESPONSE (check one):
t;E= (Attacn coPy)
PHONE CALL (indicate date)
BRIEF 5
U~vT1fARY nF R~cnnA~c~ nR eNSyM TO TNO TPRY;
DATE OF RFSPOIVSE FOIZ~1~1 REI'tJRiv-ID By DFg,AZTiffiNT TO PAM BRAiVDMEygZ;
A copy of this inquiry and focm wi1l mmain on 61e at the TOV Commttnity Relation3 of6ee. As saon ay this form is cetumed Oo pam
Brandmeyer, this inquiry wili be cansidered dosed.
7? {ANK YOU FOR YOLR 7.vMY.HtuvDUNC OFTfIIS LSSL'E rF YOU HAVE ANY Q[JFSi'(OIVS. P'LEASE FEII, FRa ,"o CO[vT.4CT
PAIV[ BRA\DMEYER AT 479-2II3.
- xc '
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,
WILD BtLL'S EMPORIUM
225 WALL STREET Q3t~
VAIL. COLORADQ 81657
(303) 476-5738
~
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•
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g o UfFic:c nf thc B~~anl ol Cun,l ,,;.S~c11 ~~~is I?a~~ic~ C'i)unty l3uilding
(!nti) 32ri-MoS _ I'.<). Ikor K ~-)n
Fax: (970) 328 7207 • )Uti ISrnadway
TUI): (970) 328-R797 I'.it;lr, C"Woridbi 8 1631-0850
~
Octobet 24, 1995 - 16:25
I~GLE COiINTY, COLOR,ADO
A '('3E ND A
BOARD` U`F COUNTY "'O'OM MIsSlON ERS
I~~~ULAR MEETBNG DAY
OCTOBER 309 1995
i7 8 C O 6 9 R O G A Q A i7 tr 4 4 tr Q Q Q A q A iF A iS 6 t~ O Q Q p p d A 8 O 8
8.30 - U0.0OU W4UOR7!! o7ESSlOltl - frG1YDlA`08 bATlGA0ION
James R. Fritze, County Attorney
10_00 - 90e93 BREAK
9000IS _ 1116 WORK SESSION - WEEKLY UPDATE
lto15 _ 19o00 1~~RK SESSiON - M~ETBNt'sS Al-TENDED
12o00 - 1o30 LUNCH
9e30 = 9:46 CONSENV CP?LENDAR
Iterta af a voudne ond non-controve~l nafure are Placed on ihe consonl wbndar to allow the Boeid of Counly Cnmmieeioners loapond Ys fm+~
a11Q energy on mam impoAant l4erm on e lengllry egenda. Any Gommiaeioner mey requosl that an ifem be "REMOdED' 1rom 1he aonaent celanGaP
and conreidored mpeirelmiq, Anq member oi QMe public m" °REOUESI° any item be 'REMOVED° from lhe Consent ApBnd2i.
9. B6LL PAY9NG
l.inda Pankuch, Accounting
Mark Silverthorn, Cmntroller
ACTpONe Approval subjec4 4o review by 4he Chairman.
2. PUSUC AUCToON OF PERSONAL PRaPEFtTY OF EAGLE
~OUNTY9 STa4TE OF COLORADO
Paul Gregg, Buildings and Grounds ACT6ON: Consider approda6.
„ b
Eagle Board of Gounty CommissionePs
Agenda, OCfiobeP 30, 1995
Page 2
~a ACCEPTANCE QF ASS!GNI4AENT OF COi,LA1'EitAL
ACCOUNT FQR ROAD CUT PERMSTe FOUR PAVIPS
DEVELQPIVIENTp INC.
Mike Gruber, Public Works Inspec4or
ACTIONo Gonsider appraval.
4e CONTRACT BETVUEEN EAGII.E COUNTfe STATE QF
COLORADO AND COLOlRADO DEPARTMENT OF HEALTH .
AND EN111RONMENT TO PROVIpE PREIVATAL SEFtVICES
Kathleen Forinash, Health & Human Services Director
~C71ON: Consider approval.
9045 - 2o00 A. F8NAL SETTLEAflENT WITH WARNIN(e aJTES d4P9D
EQUIPAIIENTo I1VC. FOR 1995 CENTERl.9NE A(dARlCH1VG
PROJECT
Engineering Departrnent Designee ~CTBONe Consider approeal.
2:09 _ 3:00 WORKSESSIORf - FIETH JUDICIAL DISTRQCT ATTORNEY
BUDGET
3:00 - 4o00 NOT6CE OF APPEAL OF JACK OLESON
Mafa K11einschmidQ, Aftorney for Jack Oleson
4:00 - 5~00 NOTBCE OF APPEAL OF EARL AND SANDRA SK1LES
fftEGARDI~~ ~ECISION OF COAIIMIPNITY DE1/ELOPMEN~
~ENYIlVG REQUEST FOR BUILDING PEEtMIT FOR
JOSEPH AND ELDORA S9(ILES
Earl and Sandra Skiles
Y11E PIEXY sAEETIRtt3 OF THE EAGLE COUN7Y COMAAISSIONERS WILL BE HELD ON OG7oBER 31, 9885
ALL MEETING51fWLL BE FIELD IN TME EAOLE COUNW BIIILDING - 500 BROADWAY. EAOLE• OR OTHEliN1A5E IV07E0.
4HI5 NOEIVDA IS PROVID@D Fpld IPoFORRAATIONAL ?URPOSES pNLY - ALL 71MES ARE APPROXIAMTE,
'PHE BOARD kkiilLE IN 6EfiSION1 pqqy COMSIDER OTHER ITEMS TH14T ARE BROUGHT BEFORIE IY_
I
O(licc u( thc fiuetrd of C:ommissioner.; I:aglc County 13uildiel1;
(9711) 328-8605 ` P.O. Box RSp
Fax: (97()) 12R-77()7 S(N) 13ri7at{w;iY
TD1): (9717) 328 8797 , 1=.p:lc, (:Icrdo 81631-0850
OC$Obet 25, 1995 - 7:48
EACLE CO YP COLORADO
AGE lV DA
BOIAI~ U"llNTY COIUI11llIiSSlOIV~~~
PLANNING MEETING DAY
OCTOBER 31, 1995
i1L40&lFddiYitfiQirt!{tAR*AAQAQACYAA ROd6CqA Okdf9rit RtY@ibd6d{e A qk Qtrd8db4AAiAdt3d86bb tr 44~~b$8~3trkkd844~$f!t'kdith14i1Ci4i}1Fi'FSb
9.00 - 9e45 ~o~ue woRK SEs$ipNtcOnnMuNiTY DEVELOPnnENT Kei4h Montag, Director, Community Development
9045 - 10°00 aome PLAT AND RESOLUTION SYGTVBIVG
KaQhy Eastley, Planning Technician, Comrnuni4y
Development
10e00 _ 10e20 ~ouu~o Z5-369-95-IQTFI A/IOUPVTAIPJ HUT 14SSQC@AT'90PV
EIlie Caryl, F'lanner, Community Development
AC^. T_., I~~°. T'o consider a request ior a Special Use Permit for a
Ski-Hut. 90:20 - 10.35 aomo BREAK
10e35 r11e20 aam, PD-313-96-A9.EL JEBEL TEXACO PUD ANAENDMENT
EBlie Caryl, F'lanner, Community Development
ACTAON: To amend the PUD Guide 4o specify amount and size
of signs allowed
'
Eagle Board oY Coun4y Commissioners
47cgober 31, 1995 Agenda
Page z
99020 - 11e36 a.m. ZS-372-96-COLORADO IIAOUNTi411V EXPRES
Paul Clarkson, Pianner, Community Development
ACT9ONe To consider a contrac4or°s s4orage yard -S4orage for
100 passengeP vans.
I ilo36 - 99.45 a.ma PD-399-96-A-RIi/ER1A/AL!( A, EDWARDS PUD
AhAENDMENT
Paul Ciarkson, Planner, Community Development
ACTEON: Ta amend the PUD Guide to specify amount anci size
o$ signs allovued
lio45 99e65 p.m. LUR-016-95»SECTION 2.06.16 (6)0)21
Paul Clarkson, Planner, Community Development
ACTION: 1"o consider amending the Eagle-Vaif PUi] CommerCia1
Zoning.
PD-68-95-A-EAGLE-VAIL PUD FLG 1 VLOTS 3 & 4BLK 9
Paul Clar-kson, Planner, Community Development
ACTIONo A C'4JD Amendment to add lighfi assembly production
iacilities as a SpeciaB Use to the Cornrnerclal zoniong o€
fhe Eagle-Vail PUD. Note: No actipn tequired ifi File
LUR-096-96 is denied.
ZS-391-95-EMERALD ACRES OFFICE CpMPLEX
Paul Clarkson, Planner, ComP'nunity Development
~CTOON: A Specia! Use Permi4 ta allaw+ for a light assembBy
pPOduction gaci9ity uvdthin Qhe office cornplex. 6Vote: No
action required if File LUR-015-95 as denied_
ta-65 - 92000 pem. POm296-95-AF3 COEtDYLLERA VALLEY CLUB LOTS 19 &20
F9LING il
Ka4hy Eastley, Planning Technician, Community
Development
ACTION; To arnend building envelopes anq vacate a pedestrian
easement for Lots 19 8 20, Cardillera lOalley Club, Fiting 1.
.f i •
Eagle Board of Cotanty Commissioners
October 31, 1995 Agenda
Page 3
12.00 - 1.00 P.M. Lfl1NCH
1:00 - 2a00 P.M. JAIL INSPECTION
2:00 - 3:00 P.M. ~X~1iE SESSION QIV A9RPOR'T NEGOTIATION,g
Jim Fritze, County Attorney
3.00 - 5:00 p.ma WORFC SESSION d RE1/1EW OF Bl1DGET PROPOSAL
AIlen Sar#in, Budget Officer
YHE PdEXT flAEETIAd(; OF THE EAOLE CQUhny COMAAISSIOMERS tiVILI BE HELD Oly NOl/EMBER U. 9985
AlL AAEE71PIG5 MLL BE HELD 1N Tp1E EAGLE COUNN BUILDING - 500 BRqApWAY, EAGLE - pR piT{ERWISE NO7E1)_
THIS aGEPdDA 15 PROVIDEp FQR INFORFAATIONqL pUaPOSES ONLY . ALL TIMES AFiE APPRpXIMIqTE.
BOARp U4R116E IM SESSION MAY CONSIDER OT}iER ITEMS 749AT ARE BROUGHT BEFFORE Ip.
,
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T0~ OF ~A~L
75 South Frontage Road Office of the Town Attorney
vail, Colorado 81657
970-479-2107/Fax 970-479-2157
October 25, 1995
Carol L. Curtis, Esquire
4465 Glen Falls Lane
Vail, CO 81657
Dear Carol:
I am responding to your correspondence which I received on October 24, 1995. I am by copy of this
correspondence and attachment distributing it to Town Council.
The issues that you have raised in your correspondence were previously raised by you to Town
Council by means of letters sent to each of them individually. As a result of that correspondence,
Town Council chose not to alter its course in regard to a development of Vail Commons.
,
In regard to the issue concerning whether or not the suggested People's Ordinance No. 1 is
appropriate for referral to the ballot, Town Council decided that issue contrary to your position after
a hearing on the issue on October 17, 1995.
. I am not, as you have requested in your letter, in a position as Town Attorney to decide or assure that
People's Ordinance No. 1 will be.placed on the November ballot or that no further agreements or
contracts will be signed with City Market concerning the Vail Commons development.
I have requested that the Town Clerk respond to your demand for copies of all public notices of the
public hearings held before Town Council concerning the lease agreement to a private entity. If I
can be of any further assistance, please do not hesitate to contact me.
Very truly yours,
R. Thomas 1Vloorhead
Town Attorney
RTM/aw
xc: Vail Town Council RECYCLED PAPER
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RECEIV GDEF~ i2 1 1995
ne
.
CAROL L. CURTIS
ATTORNEY AT LAW '
4465 GLEN FALLS LANE
VAIL, COLORADO 81657
(970)476•7127 .
FAX (970)476•9408
October 24, 1995
Tom Moorhead, Town Attorney
Town of Vail HAND DELIVERED
75 S. Frontage Road
Vail, CO 81657 Dear Tom:
Please be advised that I am the attorney for the Common Sznse Far
the Commons, Inc., ("CSC") a Colorado nonprofit corporation. Many
of the members of CSC are also members thEa Common Sense for the
Commons Committee. .
As you are a.ware, CSC has presented a petition to the Town of Vail
requesting that People's Ordinance #1, a copy of which is attached,
be placed on the ballot for the general election to be held cn.
November 21, 1995. On October 17, 1995, Town Council declared the ,
people's ball.ot initiative invalid and is refusing to place th.e
Ordinance on the November ballot.
As you are also aware, CSC firmly believes t:hat the Towr_ is acting
outside of its charter authori.ty by entering into a lease agreement
and development ag.reement with City MQrket since the property in
question was purchased under Resolution No. 2, SeriPS 1993 by the
Town for the sgecific purposes of "open space, parks or other
purposes." We have 3iscussed my client's interpretat-ion of the
meaning and effect of the Resolution and ure find it incredulaus
that your position remains that the language in question is
meaningless and has no legal significancE. Colorado case law
establishes that contracts executed bv mun.icinal corpora.t.i_on.s i.:z
violation of the provisions of applicable st:atutes or charters are
void. Swedlund v. Denver Joint Stock Land Bank, et al., 118 P.2d
460, 108 Colo. 400 (1941). By moving forwar-d without allowing the
people of Vail to vote on the use of Vail Conunons property the Town
wi_11 be subjecting itself to substantial liability should my client
be correct in its contention.
Council is also acting outside of i.ts Eiuthority because the
agreement with City Market, while couched in terms of a lease
arrangement, is in reality tantamount to a sale cf the property.
As such Council was required to authorize t:his conveyance by the
e::actment of an ordinance. Instead, this conveyance was approvei3
by mere motion, and is therefore void. '
Finally, the Town has failed to follow the mandates of the Land Use
b
?
Plan it adopted in 1986. Chapter TI, Section loll of the Land Use
Plan clearly requires that "Town owned lands shall not be sold to
a private entity, long term leased to a private entity or converted
to a private use without a public hearing process." Despite the
Council's assertion to the contrary, CSC maintains that the
proposed sale or lease of the Vail Commons property was never the
subject of a public hearing process as contemplated by the Land Use
Plano In this regard, I hereby request copies of all public
notices of the public hearings allegedly held by the Town prior to
entering into the agreement to develop the propertyo
In presenting their petition, the residents and taxpayers of the
Town of Vail are merely attempting to exercise their constitutional
right to challenge the decisions of their elected officials and to
insuxe accountah; t ity. Rased er. ±he , _ • y---i.-;.i . L,
''al?..~a' Q~ oi:JiilC=~.vc~ ~lr ~1tE.
Petition, it is clear that the electorate believes that the Council
is abusing its discretion and is acting outside of its
jurisdictiona
. At this time, I am asking fQr written assurance from you, as Town
attorney, that People 's Ordinance #1 wilZ be placed on the November
21., 1995 bailot; and that, in the mean time, no further agreements
or contracts will be signed with City Market concerning the Vail
Commons development; and that Council immediately postpone or defer
all future actions concerning the proposed Vail Commons development
until a vote by the electoratee
Since time is of the essence, I will require your response within
24 hours.
Be advised that, if you fail to meet this demand, I have been
instructed by my client to seek appropriate relief from the
district court, including but not limited to damages, injunctive
relief and an order to compel to the Council to place People's. Ordinance #1 on the Noveinber ballot.
Thank you for your ar_ticipated cooperation in this matter. T look
forward to your response.
Very truly yours,
Carol L. Curtis
CLC/bms
enclosure
cco Common Sense For the Commons, Inc.
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4
A People's Ordinance #1
TITLE: In Order to Revitalize the Irail Community, an
Ordinance Creating a Master Plan by th.e Town of Vail for
the Redevelopment of the West Vail Shopping Mall and the
Vail Commons parcel of Land.
It Shall be Ordained that the Town Couricil of the Town of
. Vail, Colorado shall create an ordinance establishing a
Master Plan for the West Vail Shopping Mall Area and the
Vail Commons parcel of Land.
Be it further ordained that no contracts for
redevelopment of the West Vail Shopping Mall or
development of the Vail Commons parcel be entered into by
the Town of ~t~ii ~r~~l suc~? a~'I3stzr ~=~an is cz~ea~ted ~~~y
the Town of Vail and approved by the electorate of the
Town.
All Bylaws, orders, resolutions and or.dinances or parts
thereof, shall be made consistent with this ordinance.
All bylaws, orders, resolutions and ori3inances, or parts
thereof, inconsistent with this ordinance are hereby
repealed to the.extent only of such iriconsistency.
It is proposed that the Vail Town (:ouncil create an
Ordinance establishing a Master Plan for the West Vail
Shopping Mall area and the Vail Commor.is parcel of land.
No contracts shall be entered into by the Town of Vail
for the West Vail Shopping Mall or Vai.l Commons until a
Master Plan is created and approved. A11 measures shall
be made consistent with this Ordinance and any
inconsistent measures shall be repealed.
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~OWN oF varL
75 South Frontage Road
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
MED9A AD!/ISORV
October 25, 1995
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
ilAIL TOWN COUNC9L HIGFiL9GHTS FOR OC`P'OBER 24
Work Sess'son Braefs
Council members present: Johnston, Lapin, Slifer, Steinberg, Strauch
--Mill Levy Credit Discussion
The Council reviewed provisions of the 1992 TABOR Amendment (Amendment 1)
which requires the Town to.lower its mill levy for property tax collections next year since
assessed valuation growth exceeds the 6.6 percent growth factor allowed by TABOR.
Rather than lower the base mill levy from 4.69 mills to 4.56 mills, another option
presented yesterday by Jerry iVlcMahan, the town's auditor, is to issue a tax credit of
.13 mills. Council members agreed to move forward with the tax credit concept to protect the town's future revenues. If assessed valuations should ever decrease in the
future, the Town could return to the 4.69 mill levy. Property taxes make up only seven
percent of the town's annual revenues. The Town Council will set the mill levy during
. second reading of the 1996 budget. at the Nov. 7 evening council meeting.
--1999 Championship Nlarker Discussion `
At the request of the Vail Valley Foundation, the Council agreed to erect a new
championship marker in front of the Alpine Amoco station at the Main Vail roundabout.
The marker will be simiiar to the monument at the entrance to Beaver Creek, and will
be incorporated within the existing stone wall in front of the Amoco station. Suggested
uses for the original marker (which has been removed from the interchange) include
placement at Golden Peak or on Vail mountain.
For more information, contact Assistant Town Manager Pam Brandmeyer at 479-2113.
--Discussion of Eagle County Ballot Issues
Jack Ingstad, assistant Eagle County admini.strator for communications and special
projects, presented an update on the mail-in ballot for the Nov. 7 election. fVluch of the
discussion focused on the county's "de-Brucing" question. (In 1993, Vail voters
approved a de-Brucing question by a 74 percent margin.). Ingstad said the county is
currently collecting revenues which fhe exceed TABOR growrth formula in the following
categories: building permits, $267,000; state grants, $206,000; interest income,
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kECYCLEDPAPER
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Councii HighlightsfAdd 1
$118,000; sales tax, $257,000. If voters approve the de-Brucing question, Ingstad
said, the extra revenue would be applied to a countywide communications system,
which is estimated to cost $6 million over the next few years.
Discussion then turned to transportation. Larry Grafel and Bob McLaurin said they
would be attending the railroad abandonment meeting which will be held this evening
(10-25) at Edwards Elementary School.
Next, Ingstad reported on the county's efforts to create a regional planning commission.
Ingstad said the county hoped the Town of Vail would take a lead role in upper valley
planning issues.
The Adam's Rib development review schedule also was piresented. Ingstad said the
County Commissioners will likely reach a decision in NovEamber.
Next, Council members inquired about the management shift from a county manager
position to county administrator. Because the county func;tions differently than a
municipality, Ingstad said the shift responds to the need for individual departments to
have greater control over day-to-day operations. He said between 200 to 300
applications have been received for the county administreitor position, although only a
handful appear to be qualified for the job. Several council members said they preferred
a stronger administrative role for the county in the form of a county manager position.
--Appointment of Election Judges
The Council voted unanimously to approve the list of election judges for the Nov. 21
municipal election. The judges include: Vi Brown, Kareru Morter, Mary Jo Allen and
Joan Norris. Kay Cheney is alternate.
--Review of Eagle River Watershed Plan
Russelt Forrest, senior environmental policy planner, presented an overview of the
Eagle River Watershed Plan, which addresses regional rrianagement and protection of
the Eagle River and its tributaries. The p{an has been drafted by representatives frorri
recreational interest groups, developers, water districts, federal, state, county and local
agencies. Council member Tom Steinberg expressed coricern that septic systems were not more strongly addressed in the plan. He suggested reviewing the Summit
County wildlife team overlay maps to eliminate developmE;nt on gaming iands to protect
the herds. Summit County is the first county in the state tu devise such a process, he
said. As to next steps, the Council was hesitant to supporl a recommendation to form a
comprehensive committee to help with implementation aniJ education of the Watershed
Plan. Although Council members said they wou{d {ike to :;ee the plan endorsed, they
did not believe another committee was necessary. Counc:il member Merv Lapin
suggested reviewing a resolution which would specify provisions of the Watershed Plan
the town supports and provisions it does not support. For additional details, contact
Forrest at 479-2138.
(more)
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Council Highlights/Add 2
--PEC/DRB Review Lauren VVaterton, town planner, answered Council questions regarding several
ongoing projects, including an appeal of a conditional use permit for an employee
housing unit at 126 Forest Road by an adjacent property owner.
: The Golden Peak Ski Base redevelopment will have its final PEC hearing on Nov. 13.
iViinor zoning code changes will be required for the project.
In response to questions about the master sign program for the Golden Peak House, .
Waterton said each business will be allowed its own sign which will be flafi to the wall. A directory will be erected with all businesses represenfied. Council members said they -
wanted fio be sure the building won't become cluttered with exterior signs.
--Information Update
Assistant Town fVianager Pam Brandmeyer gave an update on the financial status of
Trees for Vail, the nonprofit beautification group. She said the organization currently
has about $16,000 in its account. It spends about $15,000 each year for tree planting.
Council members have expressed interest in allocating funding for 1996, although an
exact dollar amount has not been established.
The Council also con4inued its discussion of a funding request from the Vail Valley
Foundation for a$7,500 contribution to help with associated costs for fihe Vail
International Summer of Dance. Council had approved at its Oct. 17 meeting the free
use of Dobson Arena for two days for the Vail Valley Foundation. However, upon
receiving an update from the Vail Recreation District on its free use policy, (in which
beneficiaries are required to pay for hard costs) the Council may review at its Nov. 7
meeting a revised allocation to the foundation.
Council members received an update on fVionday's (10-23) roundabout education
campaign (distribution of "how to" flyers on site). Staff members said the activity was
well-received by most motorists and has generated numerous requests for additional
copies of the "how to" brochure by area employers.
Town iVianager Bob iVicLaurin said the search for a police chief has been narrowed
from 260 applicants to six, including Acting Chief Jeff Layman. Interviews wrill be
conducted Nov. 8-10.
--Vail Commons Design Review
The Council received an update on the architectural design of the Vail Commons
project in preparation for final action by the Design Review Board this afternoon (10-
25). In reviewing a three-dimensional model of the mixed-use projec4, Council
members fiocused their attention on the following elements: landscaping; emergency
access off Chamonix Lane; trash removal; signage; loading and delivery; and
circulation. The project will be comprised of 71 housing units (53 of which will be for
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Council Highlights/Add 3
sale units) and approximately 14,000 sq. ft. of retail spaco which will surround a 55,000
sq. ft. City Market grocery store. There will be 170 underground parking spaces for the
supermarket/retail component and 130 ground level spaces. Council members were
told a development agreement for the housing componen't, which is still being.
negotiated, will lock-in sales prices for the. housing. The average cost of one of the for
sale units will be $112.50 per square foot. The housing sales prices will range from.
$109,500 to $159,000. Ground could be broken yet this fall on the housing component,
while construction of the commercial component is scheduled to begin in the spring
with completion by December 1996. For additional project details, please contact Andy
Knudtsen in the Community Development Department at 479-2138.
# # #
Upcoming Discussion Topics November 7 Work Session
DRB Review
Outlying Parking (Ford Park/Soccer Field)
Chad Fleischer Request for Funding November 7 Evening Meeting
First Reading Ordinance #12, Glen Lyon Office Building Nlajor SDD Amendment
First Reading Ordinance #23, Council Salary Adjustment
Second Reading Ordinance #20, 1996 Budget
Second Reading Ordinance #21, Amendment to Business License Ordinance
Second Reading Ordinance #18, Larceny Definition
Second Reading Ordinance #19, Rezoning of 67 Properties
Second Reading Ordinance #14, Gold Peak House Major. SDD Amendment
DRB Appeal/Dews
November 14 Work Session
PEC Report
Sound Report
Candidates: November 21, 1995 Town Council Election
Naaane . . .
Jan Strauch 476-6479
2958 S. Frontage Rd West #B-19 476-2266-w
PO Box 2389 949-1600-w
Vail, CO 81757 Bob Fiske . 476-7507 h w
4295 Columbine Dr. #3
Vail, CO 81657 .
Ludwig Kurz 476-5750 h
2725 Bald Mountain Road 845-5976-w
Vail, CO 81657
Kevin R. Foley 476-2718-h
1448 Vail Valley Drive 476-2601-w (Montauk)
Vail, CO 81657
Bob Armour 476-2837 .
2668-A Arosa
Vail, CO 81657
Rob Ford 476-3614
2765 Bald Mountain Road 476-1943
Vail, CO 81657
Michael D. Jewett 476-04 13-h
4021 Bighorn Road #8G 476-3561-w -
Box 314
Vail, CO 81657
Lou IVYesKimen 476-1990-h
4021 Bighorn Road 416-4478
Box 488
Vail, CO 81657
Greg Amsden 476-8610-w
2635 B Larkspur Lane 476-0337
Vail, CO 81657
E. B. Ghester 476-5063-h
395 Mill Creek Circle 476-2002-w
Vail, CO 81657
F:\HOLLI'\W PFILES\USERS\ELEGTION\NAMES.PET
,
~ir~~ Bank of Eagle County .
Since 1908
V '
OctobefP 23y 1995
Mfo'°o Bob.~~Lau9°86ll To9lI.Dn Ma611ageP
Uaug9 ILoIIorado 8~657
HRND DEL8 UERED
Deau° Bob9
~~~entDy, our bank ffound ut necessary to apply to the Town for ~~ondotoona9 Q?se ~ermut ffor a bank branch we wished to openo We
aa~orked wuth Rndy Knudson and Mike Molloca to achaeue approuaB
thr~~gh ~~mmunutg BoueBopment Depa~tmente
l wanted to take $hus opportunity to tegg you what an asset 4he
Town has un these ~~~~~~~ene Both were br6ght, proffessiona8 and
ues°y courteou$. We. dgd receaue approua9, howeuer my opinion of
these 4wo indcuudua0s wou9d be the same had we been denoedo l
thought you would Bof~~ ~o know how well $he Town us represented, at
least un Communa$y Deu~~~~pmente
PDease ga~~ ~~dg an¢8 Muke a we9l deserued pa$ an the bac9ca
~-o n~ re ~s
I~~ ~ ~y Garmaf~
~hairPiNan
P.O. Box 567 -Eagle, Colorado 81631 -(970) 328-6361 Fax (970) 328-4343
Edwards Branch - Edwards, Colorado 81632 - (970) 926-4150 o Fax (970) 926-4092
. Avon Branch o Avon, Colorado 81620 o (970) 949-6700 o Fax (970) 949-7024
FBEC Mortgage - (970) 328-7373 - Fax (970) 328-7744
I
aa
e4 MEDSA AD!lISORIf
71'OWN OF VAIL
75 Sotsth Frontage Road
T~ail, Colorado 81657 October 26, 1995 970-479-2100 Suzanne Silverthorn, 479-2115
FAX 970-479-2157 Community Information Office
[~ALLOT POS9T9ONS SET FOR @/AlL TOlNN COUNC9L ELECTION
Ballot positions have been established for the Nov. 21 Vail Town Council etection. The
names of each of the 10 candidates were drawn from a hat this morning officiated by
Town Clerk Holly McCutcheon. Here is the order the candidates will appear on the
ballot:
Jan Strauch
Bob Fiske
Ludwig Kurz
Kevin R. Foley
Bob Armour
Rob Ford
Michael D. Jewett
Lou MesKimen
Greg Amsden
E.B. Chester
Each voter will be asked to choose a maximum of four candidates. The three
candidates receiving the highest number of votes will be elected to four-year terms and
the candidate receiving the fourth highest votes will be elected to a two-year term.
Town elections are non-partisan. The mayor and mayor pro-tem are elected from
among council members and each serve for two year terms.
The Nov. 21 election also includes a proposal to amend the Vail Town Charter to
protect designated open space.
Monday (10-23) was the last day'to register to vote for the municipal election.
Absentee voting begins Nov. 9. Balloting will occur at the Vail Municipal Building from
7 a.m. to 7 p.m. on Nov. 21. This will not be a mail ballot election.
In the 1993 Vail municipal election, 923 votes were cast, or about 32 percent of the
2,890 registered voters. In that election, Paul Johnston, Peggy Osterfoss and Sybill
iVavas were elected to four-year terms, while Jan Strauch was elected to a two-year
term. •
For additional information on the Vail'Municipal Election, contact Holly McCutcheon or
Lori Aker in the Town Clerk's, Office at 479-2136.
# # # RECYCLEDPAPER
dd •
e4
~OW1 d OF V'LYdl.
75 South Frontage Iload
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR BiVIMED@A~~ ~ELEASE
October 25, 1995
Contact: Russell Forrest, Senior Environmental Policy Planner, 479-2138
_ Jim Curnutte, Senior Planner, 479-2138
PUBL8C COI1AMENTS TO BE 6-9EARD 6VOVEYIABER 7 ON TOWN'S PFiOPOSe4L
TO REZONE 67 PROPERTBES
(Vail)--A public hearing will be held at the IVov. 7 evening Vail Town Council meeting
as council members consider final approval of an ordinance to rezone 67 open' space
properties throughout town. The ordinance addresses inconsistencies betvveen
existing zoning classifications and actual uses of the properties. The town is also
attempting to phase-out and rezone Agricultural and Open Space District parcels to
one of three classifications: IVatural Area Preservation District, Outdoor Recreation
District or General Use District. The Council meeting begins at 7:30 p.m. in the Vail
Town Council Chambers.
All but six of the 67 rezonings are recommended for more restrictive zoning and all
but 11 properties are owned by the Town of Vail. Many of the zoning adjustments are
recommended in the town's Comprehensive Open Lands Plan adopted in 1994.
Several prominent properties under rezoning consideration include the Mountain Bell site north of the Main Vail Interchange; Vail Interfaith Chapel; Vail Mountain School; the
town-owned property on Bald Mountain Road which was 'rejected for use as a Par 3
golf course; the 18-hole Vail Golf Course; and a parcel in the Potato Patch subdivision
which surrounds Red Sandstone School.
(more)
~ ~ RECYCLED PAPER
. `
67 Properties Public Hearing/Add 1
A complete list of the properties is available by calling the Community Development
Department at 479-2138.
Once rezoned, many of these properties woutd qualify for consideration of additional
open space protectians if voters approve an amendmenir to the Town Charter in the
Nov. 21 municipal election. The Charter Amendment, which will appear as Question 1
on the ballot, would provide a means to lock-in the zoninig and ownership of designated
open space parcels which meet specific criteria. Once ei property is placed in the
designated status, a townwide vote would be required to, sell, lease, or alter its.zoning
classification.
For more information on these topics, please contact Flussell Forrest or Jim Curnutte
in tfie Community Development Department at 479-2138.
# # #
P . '~F
X6~
~October 21, 1995 '
NTs. Peggy Osterfoos ,
Mayor, Town of Vail
75 S. Frontage Rd. West
Vail, CO 81657
Dear 1Vtayor Osterfoos:
This belated letter is to commend Tom Britz and the Town of Vail for your successful 1995 Vail Internarional Celtic Fesrival. It was an extremely ambitious first-time undertaking -
and with excellent results. Tom and his associates, and indeed everyone in town who was
involved, deserve a hearty "congratulations: "
Having the Grade I bands in attendance was very special for many of the pipers and
drummers in this area, who rarely have an opportunity to see bands of such caliber on the
competition field and in concert. The feedback I have had from WUSPBA bands has been
very positive, and as an association, we hope that the festival will be continued next year. I have told Tom to be sure to let me know if there aze ways our association can be of
assistance.
Once again, my congratulations to your community for hosting such a large and successful
, event.
Sincyrely, . -
.sA
j
Susan M. Thornton, President Western United States Pipe Band Associarion
474 W. Easter Avenue
Littleton, CO 80120
(303) 798-0844
c: Tom Britz
Bill Merriman
' RE^h{~~tAr:.J ~ ti• ~~JV
[ i
PO Box 517
Bryson City, RTC 28713
October 16, 1995
Mr. Tom Britz
The VIVtI Group, Inc. PO Box 2063 Avon, CO 81620
Dear Mr. Britz,
Congratulations ! The Vail International Celtic Festival was a fresh and
pleasing example of professional ingenuity and expertise at its best. You and
your colleagues realized a need, envisioned a solution, and implemented a
highly successful game plan. Judging from the delight of the spectators and
the enthusiasm of the participants, it appears that their expectations are high for a repeat performance next year we hope yours are too.
Specifically, I think the following features combined to make this a
truly exceptional festival:
o The natural beauty of Vail
o Site in close proximity to parking, shops, & lodging
o A parade that was really fun for all
o Excellent quantity and quality of music and dance
o A delightful variety of food, clothing, craft and music concessions
. o The cross-cultural aspect was outstanding
o Plenty of space to roam, yet good security
o The employees and volunteers were genuinely friendly and helpful
o Support and enthusiasm of the Celtic "community"
I have attended over 20 Scottish festivals from- N[iami, Florida to Lin-
ville, 1Vorth Carolina over the last 5 years. And,. I've been a solo and/or
band percussion contestant at many of those festivals. Unequivocally, the
Vail International Celtic Festival experience set an exciting new standard of
excellence for me and my colleagues in the Highlands Pipes and Drums of
1Vorth Carolina. We thoroughly enjoyed the Festival.
Thank you for your gracious hospitality, the marvelous experience for
our band, and for daring to invent innovative people-friendly opportunities.
Sincerely,
(Sd6~~
Tom Greenawalt
Professor Emeritus
ec: •Mayor of Vail University of Florida
Vail Chamber of Commerce
KL`u. . ~
C~"? - . ' . . T'he . . • ; ~ . ~ ' ~~'~4 , - CHAMB~~ . ~ -
Of C ommerce,\
October 24, 1995"
- Mayor Peggy Osterfoss nvoN
Merv Lapin - . , ` -
Sybill Navas
- J1T1 StI'aUCll ARROWHEAD
Paul Johnston
Dr. Tom Steinberg
Rod Slifer BEAVEg cReFx . ~
Town of Vail . ~
_ 75 S. Frontage Rd. W. . ' - - . • -
'Vail, CO 81657 CORDIlLERA
- Dear Councilperson:. , ~ - - " - EAGLE-VAIL i
Please accept my personal thanks for the Town of Vail's 1996 membership contribution
' to The Chamber of Commerce. The staff and board of directors of the chamber are aware '
of your challenges this year in appropriating limitecl resources in an equitable 2,lld EDWARDS
practical way. We appreciate the consideration given to our organization.
~ In this transitional year, your financial and philosophical support are critical to our ' M I NTU RN
success. Your involvement, comments, and suggestions are always welcome.
Thanks again!
_ VAIL
Sincerely,
,
WOLCOTT
'•t
Kate Collins - Executive Director
_ .
~ . . ,
. ~ -
POST OFFICE BOX 1437
, AVON, COLORADO 81620
,
(970) 949-5189 Fnx (970) 949-4385 ,
.
. RECEIV-D;~': ~ 2 r 1995
l b~u. wC, .
PUNOS DEL NORltE
cCOONNDOM9NUQ.1M A~~OCgATfOON
600 VaB6 d'alley DBBde
P. 0
. Bott 69 / Vail, Coloeado 81659.
(303) 476-2747
~
October 16, 1995
Town of Vail ,
.A t:n: Maycr PPgsy Os:er:oss ~-id To :=m Council :_em.';e: s .
75 South Frontage Road
Vail, CO 81657
Dear Mayor Osterfoss and Town Council Mtmbers:
First we wish to complement the council for all their efforts and time spent in managing the many
improvements to the Town of Vail, Additionally we wish to support.your opposition to_the „
proposed Sale of Public Lands. The proposed. sale of Ski Lands to private developers would inost
likely result in the uiisightly developmPn+ of Vail 1Vlountai.l and mounta;ns at other ski areas. Oar
association is defi.nitely opFosed to this sale of lands ar:d believes that every efrort should be mad ;
to control growth and retain the Forest Service to monitor and preser.,e our natural resources.
' Further we wish to express concerns en agenda items currently betbre the iown Council tnat will .
have a definite i.mnact on our condominium association. In particuiar, several issues with the
'~r{~PC~N~ V ~1'i~?1 UQa~; ry.~e~~e'^nr~~1t. T~2•.•St! iSgd!t._ ~I::~ v~1C CC~I:;:or-.~ P O:~t.1.i::ed be ow.
Parkinrz Structure at the Soccer Field
Our association is opposed to this proposal. The additional traf'~c on Vail Valley Drive is not a
desi: ed effect. Any additional Parkiiig structure, in oui• view, should be located sitr.;:ar to oth--r
parking structures on the soiith frantage road. This wouid not add sny ad3itional traffic On Vail
Valley Drive and therefore not pose additional-risk.s to our children and the many pedestrians,
bicycles and rollerhladers who now utilize this drive. We urge the council to gceseive the ambulatory nature of'the Vi;lage and to keep veiucular t:affic to a minim.um witr, ali.propo.sea .
changes.
: .
- ~Skier Drop Off at Golden Peak
Our concern with this issue is the same as the parking structure; i.e., the potential increase in
vehicular traffic on V a.il Jalley Drive. Without stringent controls a.nd good plannitig this cc::ld
become a disastrous bottleneck. One possible traffic increase is that all cars currently parke~i in
the South Frontage Road Parking Structure may elect to fii'st drop off their passengers and ski
equipment at Golden Peak and then return to, park their vehicle. Tlus scenario would certainly
greatly increase the volume of traffic en Vail Va11ey Drive. i'riz council should consider the .
monitoring of traffic during specia! evenis, peak periods, and busy ho!idays and adoption of a
traffic control plan. During these pezk periods the plan could be implemented to restrict tr2ffic on
Vail Va.'-ley n:ive and direct, ±raffic to ?iter*iate sitPs when necessary. The plan snocld ce in place .
prior to the completion of Golden Pe-ak and perhaps tested ±his season if a Skier D: op Test plan
for Golden PPak is implemented.
Ski-in Ski-out Eiccess for Pinos DeI Norte and Northwoods
We have recently lea.rne3 that Vail Associates intends to have a pennanent :ac: course at Golder.
Peak which may jeopardize or restrict ths ski trail access te our condominium. tlur past decision
to purchase this property was based on the location of the property and the Ski-in/Ski-eut access
to Vail Mountain. To this date we have not been directly informed oi any proposed c'r.anbes or
restrictions to aiir Ski-in/Ski-out access and would strongly oppose! any changes or nrcposals by
Vail Associates which would jeopardize our Ski-in/Ski-out access.
Proposed Permanent Tent Pad at Golden Peak
. -Our association is very concerned about the permanent nature of tliis Tent Pad without adequate
safeguards to insure that noise levels related to special events aze not unreasonable or at hours
±hat may be disruptive. The attractiveness of a tent at this, site should also be considered as weil as
the management of tras;: and portable rest rooms that may also be required during tliese Special
Events.
Safety concerns for Pedesirians on Vail. Valley Drive
The lack of sidewalks and adequate lighting on Vail Valley Drive needs to be addressed by the
Councii in conjunction with the Golden Peak redevelopment. The :;c>ur.cil should require a
sidewalic and improved lighting from the Parking Structtlre at Blue (;ow chute to the Socce:
Field. This would eliminate the many conflicts between pedestrians and vehicles on the busiest
section of Vail Valley Drive. Many pedestrians use Vail Valley Drivs to access Ford Park and the
Nature Center from the Soccer Field and the Town Center. The extension of the Town Bus Route
r
~
to the Soccer field may also be a partial solution Yo the congestion on i/ail Valley Drive. Vde feel
strongly that these improvements are needed and should be completed in conjunction with the
Golden Peak redevelopment.
VUe hope the Council will take into consideration our concerns before approving the final site
plans for redevelopment of Golden Peak. We appreciate your consideration of our position and
suggestions.
Sincerely,
~ •
Mr. Carlo
resident
Pinos Del Norte Condominium Association
c.c. Planning and Environmental Commission ('TOV)
Vail Associates, Mr. Andy Da1y,lVdr. Dave Corbin, and Mr. Chris Ryman
East Vail Homeowners Association, Inc., liRr. Jim Lamont
To~ VAIL Q ' .
. ~ Iaiput/Inquiry. Respoaase iZecord The ateached comments were recently receired by the Town of Val We encourage Vail
residents and guests to giwe tas sucta iriput and we stdve for timely resporLSes. PLEASE
ADDRESS THFSE CONCFRiTS WrIHN FIVE WOIZKNG DAYS AND Rl.,~TJRN THIS
COftTI.ETF.D FORM TO PAbg BRANDNM'YEEL
.
DEI'ARTIMED,7 TO FiAiNLE INQiJIlZY IIMIiTIDLTAL. TO H?iNDI.E IIVQLJIRX
5
DAT°E T'OV ItECEIVED IIi~/INQIJIIZI' 16 t~,5 • ks _
, .
TYPE OF IlVPUT/IIjOLTIlZY: PHOIVE CALL (indicate date) LETTFR (attached) ~~0.~2-~ X C ~ , CU/ • ~Y~~~
RFSPOiNSE CARD (atfiached)
TYPE OF RESPONSE (check one): LETTER (attach copy)
, PHONE CALL (indicate date)
BMF SLTN1lMA RY OF R SPn1vS nR A 1v$j~ '~'O Il~TO ITRY;
DATE OF RESPOIVSE FORl RETURNED BY DEI'ARTiMENI' TO I'AM BRAIVDMEyER;
A copy of thiy inquicy and form wi[I remain on 61e at the TOV Community RelaGons office. As suon as this form is tetumed to Pam
• Brandmeyer, this inquiry will be cansidered dosed
; THANIC YOU FOR YOL'R TDAMY HAND[.4NC OF1'F-IES L4Z,'E IF YOU HAVE ANY QUFSTIOMS. PY.FASg FEFl. FREE TO COIYrACT
PAM B K.1 \UV1EyER qT 479.2I I3.
i~J.~
.RECEI~~ED 4
23
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~
,
,
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MY~ovrn . . . . . ..f
.
November- l 1-995 thej V~a~1 .
~ - , g
Valle .Fouridat•~on•~s~ moi~in
itsbffici' to the WestStar B
. y; ankbuilding. ~Our new: addressrarid
~ ~honefax`riumbers'are: ~ .
4015:. Benchmark Road ti . . : . ~ ~
. - . . .
AvOn,. CO 91620.
(970) :949~=1999,~ ph:-. . . . ~
i - ; (970)! 949-9265 fx. s y . , ~ : . - . . ~
. . ~ . . - ~
Pl~se continu.e to reach us by mail
r. . _ . s
~
P~~a .Box 309 V '
; . . . - ~ a~l;: C0;:81658:
H
X"EeVED uCT 2 7 ~g
Da~e
'
x e: UN ednesday, R1ov. .15, 1995
~ Time
7:00-10:00
pm
^ , 0 : place ,
~ Nail Gatewiay pleza
~ - ~ddress
12 S. Fron4age Road, ball
~
- Dress
- Moun4aln Chlc
Hors d'oeuvres bV
iiWichael's American Bls4ro
LlbaCio~s b~
Michael's 11, Nlediterranean afe & Spirl4s
~ Llve Enterlainmefli -
~ Newr Orleans Style Jazz
S5 donataon, all roceeds
' ~ gofng to
: i the Eagle Valley Farn$ly Center
Each attendee wi!l receive a complrmentary issue o(the Prew
You're invited to a Pre-Holida ~Qf t hosted b: 1996 Winter/Spring rssue of Var[-Beaver Creek Magazine.
y y y "L3est of Colorado" Exce!lence in Journalisnr Award -
. Maggre Award Winner-Best Redesign, Coasumer, Western U.S.
Gold Ozxie Auward Winner-Dest Overnll Design,. Cons?t»rer, Nor1h Arrrerica
B ~r 1Vo IZSVP necessary. See you tbere?
.
_ .
ncoauI ao
ICledncsday, Nnv. 15, 199,5 .
a xC :
STAT.°`LOCAL
9 U(J
~
. .
A NEWSLEITER FOR COLORADO LOCAL GOVERNMENTS OctQ~r 1495 Y01. 3 PI0.1
This newsletter is publisheci b~,fhe Colarado Division of Local Government to provide a forum for the stafie.fo; .
advise local government officaals about matters which concern them ?We will provide a replyforrra with ~
issue which you caat use to inform us of topics which .you.would like us to address.
A(IR UN(HES REVIEW OF EXISTING FEDERAL MANDATES ~
by William E. Davis, Executive Director, Governor Winter has appointed and will a Establish common definitions or standards
United States Aiivisory Commission on chair an ACIIZ Mandates Committee to guide to be used in complying with federal
Intergovernrnental RelaCions the CommiSSion's work on these studies. The mandates; and
members of the committee are: State Rep. Art aNfiagate negative impacts of mandate relief
The United States Advisory Commission on Hamilton (AZ), U.S. Sen. Dirk Kempthorne for governments on the private sector and
Intergovernmental Rela6ons (ACIIZ) has (ID), Gov. Michael O. Leavitt (UT), Mayor evaluate the feasibility of applying such
launched a comprehensive review of existing Edward G. Rendell (Philadelphia), U.S. Rep. relief to private sector entities.
federal mandates on state, local, and tribal Steven Schiff (NM), and Commission
governments, as directed by the Unfunded President John H. Stroger, Jr. (Cook County, The definition of federal mandate in the law
Mandate Reform Act of 1995 IL). is "any provision in a statute or mgulation or
(P.L.104-04). According to ACIR Executive Director Bill any Federal court ruling that imposes an
In the first such comprehensive study ever Davis, "the Commission is seeking broad and enfomeable duty upon state, local, or tribal
undertaken on all federal mandates, ACIlZ active partiapation in the mandates review governments, including a condition of
will make recommendations to the President by local, state, and federal legislative and Federal assistance or a duty arising hom
and the Congress regarding potential executive offiaals; and private sector groups PartiaPation in a volunrary Federal
retention, modification, suspension, or and individuals, in carrying out its program." .
termination of spedfic existing federal responsibiliHes under the pmvisions of the The law requires that ACIR give highest
statutes and regularions. Over the next six new law." priority to federal mandates that are the
months, the Commission will issue 'We are especiallY eager to hear from state subject of current judiaal proceedings, such
recommendations for public review and and local officials within the next few weeks as the Brady Bill, the Motor Voter Iaw, and
comment, and hold public hearings on on speafic criteria we should be using to vehicle emissions testing. ACIR is seeldng
federal mandates. The final report and evaluate existing mandates;' said Davis. The recommendations hom state and local
recommendations will be submitted in March Unfunded Mandate Relief Act requires ACIR to officiaLs as to which mandates should be
1996. ' look specifically at how statutes and/or induded for priority attention:
Former Governor and ACIR Chairman regulations can be amended to: ACIR plans to convene broad-based woridng
William F. Winter, presenting the President.at ,AUow greater flexibility for shate, local, and 8T0ups to assist in evaluating epsting
the signing ceremony at the White House on tribal govemments in complying with mandates. Groups will include federal
March 22, said "ACIR is proud to have had a speafic federal mandates; department and agency representatives,
role in formulating this legislarion'and now to ' associations, and individual governors and
have the official responsibility of helping to o Recondle federal mandates that impose state legislatots, county and aty offioals,
implement it." He emphasized that the new contradictory or inconsistent requimments; congressional committee staff, private sector
law "is a dramatic example of our political o Terminate federal mandates that are SI'ouPs, and individuaLs from universities and
system operating at its best. Our federal duplicative, obsolete, or lacking in practical researrh organizations. Each group will be
, system can function effectively only as it utihty' assigned a subset of federal statutes from the
operates as an intergovemmental mandates inventory published by the
partnership." o Temporarily suspend federal mandates National Conference of State Legislahires.
In addition to the existin fedenl mandate `that are not vital to public health and
g safety; The act also requires ACIIZ to undertake a.
review, P.L.104-04 requires ACIR to review separate investigation oE the role of unfunded
the role of state mandates on loca] o Consolidate or sunplity mandates, or their State mandates on local governments. This
govemments; report annually on judidally planning or reporiing requirements, to report dces not require recommendations. created federal mandates; and conduct a reduce duplication and facilitate ~']~e law de[ines state mandates as "anfeasibility study of inethods for calculating compliance; y
the costs and benefits of existing federal provision in a State statute or regulation that
mandates. imposes an enforceable duty on loral
governments, the private sector, or
Cnnrinued on page 4
~ THE STATE-LOCAL CONNECTION PAGE,
0
~ r r r i~
s
,
by Geoff Withers, Colorado Division of Local as the Authority which has its own , approval under TABOR (4)(b). The Court of .
Government independent ability to levy a tax cannot be a Appeals held that it was not, upholding
true business whether they actually levy a tax previous case law defuvtions of "debt."
INFLAT[ON for the first half of 1995, as or not, failing the test of a"government- Under the ruling, local govemments can now
compared to the first half of 1994, was 4.9%. owned business." However, the court seems enter into such lease-purchase agneemenis
This partia11995 number was released by the to have distinguished between a taxing entity without having to hold an election approving
U.S. Bureau of Labor Statistics in August, and and the non-taxing business which it owns, the contract.
is the only figure that BLS has released to In this case, the E-470 Authority could
date. The Governor's Office of State Planning presumab[y designate their toIlbooths as an
' and Budgeting projects a rate of 4.5% for 1995 enterprise, the revenue from which would PROPERTY TAX REVEMJE limitations
and 4.2% for 1996, while the Legislative maintain the highway as a'business" wluch continue to be confusing, given the
Council is projecting 4.8%o for 1995 and 4.3% charged the drivers for the service. This may competition between the TABOR limitation in
for 1996. All of these are their ]atest be important to a water district; for example, (7)(c) and the so-called statutory .
projections, as of the end of September,1995. which might now need to distinguish in some limitation in 29-1-301, C.R.S. The prevailing
(The 1994 inflation figure, released by the accounting sense between the "district;" or view is that the statutory limitation is not
Bureau of Labor Statistics in Febniary, 1995, government, and the'business" which it superseded by TABOR, and that both need to .
was 4.4%J owns, rather than designate the entire district be calculated with the most restricave limit
The prevailing view on the use of "inflation" as an enterprise. observed.
when implementing the TABOR fiscal year There are different views, however, on the
spending and pmperiy tax limihations is to FISCAL YEAR SPENDING (FYS) was aLso implementation of the TABOR limit Some
use pmjected 1995 inflation in developing the , people believe that the TABOR property iax
dealt with to some extent in the E-470 cas~e
1996 budget, for both limitations. The text of ' revenue limit should be applied to the
the only appellate court niling on the issue to
TABOR directs us to use "inflation in the date. The court appears to have ruled that "general operating" revenue, ui the same way
prior year;" which would be 1995 inflation for revenues to pay debt service on bonds w;hich as the 5.5% limit. This is a mmmon-sense
both revenue and spending in 1996. were issued prior to TABOR's passage are not inference made from the Supreme CourYs
included in the government's FYS calculation. decision in Bolt v Arapahce CountX School
It is important to note that there is a differing Number Six. In that case the court
LOCAL GROWTH, on the other hand, dces uuon held by some attorneys, that the~court that mill Ievies for debt are to be treated
not enjoy such clear textual definition in its op n~flecl that debt service payments are to be differendy than mill levies for other operating
use. TABOR only says that "annual local expenses, and that debt levies may be raised
growth" may be used, failing to note for included in the FYS calculation. The wording without an election, if necessary, to service the
which year. Most budgeters iise local growth of the courYs opinion in this matter is far from debt. I,egal experts point out dlat the Bolt
clear. The heart of the issue here is that
derived from the 1995 Certification of "voter-approved revenue changes are doqar case addressed only mill levies and not
Valuations numbers to apply to the 1996 amounts that are exceptions to, and not part revenues, and therefore there is no textua7 or
budget limitations, their theory being that the of, any district base" (TABOR subsection judiaal support for the view that Bolt also
latest numbers should be used to develop the (7)(d)). Therefore, revenue needed to pay, should apply to revenue. Some believe that
next and most current financial plan. Otheis seM all property tax revenues, including that
apply that figure to 1995 spending and e lectiCeon on may debt be a w vhichoter-awasppmappmved ved at axi revenue ~ levied for debt service, should be •
revenue,.and still others to the 1994 figw~es, ~ subject to TABOR (~(c). There is no prospect .
with the idea that the growth properties more ange, whereas" revenue bonds" issued pre- of an early resolution of this issue. -
dosely match the year in which the revenues TABOR without an election may not be,
were realized. These latter approaches leave instead being part of the FYS base. The E-470
the budgeter with a great deal more Authority did have an election for their MpNDATES were the subject of three
guesswork in developing their budget for the vewcle registrahon fees, but not for the di{erent court cases upon which the Supieme
upcoming year. revenue bonds that were issued in 1986. Court recendy ruled. Weld and Mesa
There is no current prospect of resolving these Counties had notified the state that they were
issues by means of legislation or adjudication, MULTIPLE FISCAL YEAR FINANCIAIY returning the anfunded mandate of
leaving some flexibility at the local level in OBLIGATIONS were also the subject of courthouse Eacility maintenance and security
implementing TABOR. Board of Boulder County Commissionem., v to the state, and Weld County also attempted
to rehun the mandate of their share of soaal
Dougherty Dawkins Strand and Bigelow,. aser.,rices costs. The court, using rather
case which was decided by the Court of tortuous logic, ruled that the counties could
ENTERPRISES have received a great deal of Appeals and was not appealed to the not return these to the state under TABOR (9)
attention since 1992" because none of the Supreme Court, but was upheld to some ~ause the counties were essentially part of
TABOR restricrions apply to them. The extent in the E470 case. The primary fooas of state govemment and the gove;rnment rnuld
Colorado Supreme Court has issued its first the case was whether a lease-purchase not retum mandates to itself.
opinion which analyzed TABOR enterprises agreement, subject to annual appropriation,
in the case of Nicholl v. E-470 Public HighwaX was a"debt or other multiple fiscal year Continued on page 3
Authori . The court held that an entity such financial obligation; ' which requires voter
PAGE 2 THE STATE-LOCAL CONNECTIOfd
~ TABOR "EWS
WAL GOVERNMENT ONLINE PURCHASING INDEX
. Confiinued fror?t page 2 .
9 by David Metsch, State-Local Purchasing ADP assistance with installation (this should
This dedsion shocked nearly everyone who Coordinator ideally take about five to ten minutes). I will
had been following the issue. The General wntinue to remain available for any of your
Assembly had passed Senate Bill 205, which Many local govemment purchasing officets questions with regard to state bids.
provided extra funding and a framework have requested an online index of Colorado please feel free to either call me at (303) 856-
within which the state could handle the social State Price Agreements. The Division of 3005 or write me at the Division of Local
services tumbaclcs. The Governor signed the Lora1 Govemment is pleased to announce ~vemment,1313 Sherman Street, Raom 521,
bill on a Saturday and the Supreme Court that such a system now exists. It has been Denver, CO 80203 if you are interested in
dedsion was announced the following pre-tested and appeats to be successful in going online. I ran assune you that this
Monday, whereupon the Governor crossed out meeting many of the needs of the modern stem is v user-friendl and will serve
his signature and vetoed the bill berause of the purchasing community. Y fear.that the measure, if enacted, would violate many of your purchasing needs for timeliness
the court's analysis of the situation. There is At the Division of Local Government we are and currency of Colorado state award.
now a very real question whether eounties ran very aware that one size doas not fit a1L What
turn back any programs at all to the state as Works for a large entity may not be the perfect
TABOR mandates. fit for a smaller one. Therefore, we will ntema~on~ Pro~~
continue to make paper mpies of the index
available to those who are not yet ready to .
IVOTE: the Division of Local Government has accept information electronically. However, The Gnduate School of Public Affaits is
developed a very simple form to assist local once you are online, you will no longer need _ putting together a program to offer training
governments in calculating their TABOR fiscal to deal with bulky paper copies of price and intemship opportunities to state and
year spending and pmperty tax limitations. If aBT~ments; you will have current, user- loral officials frvm Mexim and invites your .
you would like to receive a copy of this form, ~endly access at your fingertips. partidpation.
please indicate on the Reply Form at the end of The Division of Local Govemment is Im mncert with growing political demoaacy
this newsletter. The Division is also interested charging no fee for this service. It is merely and privatization of the economy,
in any opinions which may differ from those an extension of what we cons9der our responsibilities for planning and managing
expressed in this aficle, and would appreciate statutory responsibility in making this public services are being delegated to the
your comments on any of these issues, or information available to our clients, local leveLs of state and local governments.
suggestions of what topics should be covered governments. You will, though need a PC, a Mexico's national government is stepping
in the future. The Repiy Form at the end of this modem, and a telephone line. This office will back in arnas such as transportation,
newsletter can be used, or a telephone call provide the software necessary for accessing infrashvcture, education and taz mllecfion in
(303-8664660) or letter, if you prefer. the online system, a User Guide, and a phone favor of jurisdiction closer to the people.
number and person to mntact if you require Contuued on pag9e 4
TH]E STATlE-ILOCA]L CONNECTgON iZEPLY FOgZNI
Name: Phone:
Address:
. street/p.o box city ZlP
Jurisdiction / Representing:
Suggestions for Future Issues of The Connection:
Please note ant other comments you may have:
0 PLEASE MAIL THE TABOR CALCULATIONS FORM
Send this form to: Colorado Division of Local Government
1313 Sherman Street, Room 521
Denver, Colorado 80203
Inquiries can be directed to the Division of Local Govemment 303/866-2156
THE STATE-IOCAL CONNECTION PAGE 3
~
International ACIR UIUNCHES. REVIEW dedsivn mquires the govemment to do more
Continued m aSe 3 . Continued fwm page 1 that it would have without the lawsuit
~ Y Finally, ACIR is required "to examine the '
individuaLs, including a condition of State measurement and definihion issues involved
For several years now, the International in caicviating the total costs and benefits to
Center for Administration and Policy at the ~~~nce or a duty arising from partiapation
in a volunta State prom." State, local, and tribal governments of
Graduate School of Public Affairs, University ~ compliance with Federal laws." The study is
of Colorado at Denver has assisted public In addition, ACIR prepared a report in July to report, by September 1996, on (1) the
and private sector leaders in Meacirn 1995, describing over 3,500 federal rnurt feasibility of inevsuring direct and indirect costs
redesigning public-private relabonships dedsions in Calendar Year 1994 in which a and benefits of mandates and (2) how to
around these services. The center is now in state, local, or tribal government was required measure direct and indirect benefits of federal
the processs of looldng for funding for the to "undertake responsibilities or activities, financial assistance and tax benefits to state, ,
training that will be needed for state and beyond those such govemment would local, and tribal govemments.
local offidaLs to successfully implement their otherwise.have undertaken;" to comply H?th The status of this rert is in some uestion,
new responsibilities. An important aspect of more than 100 Federal statutes and p° q
this program will be the oppoitunity for reguiations. Beginning in 1996, ACIK is given the proposed federal budget cuts.
public offidals to meet with their US required to make this report annually by Suggestions and inquires about ACIR's
counterparts and to 'learn by doing" through Manh IS on cases declded in the preceding federal mandates review should be directed
short internships with Colorado. year. to Bill Davis, AC1R Executive Director (202-
As the International Center puts together the This will require a careful search of all federal 653'5143) or Phil Dearborn, Mandates Studies
details of its ProSram, the staff would like to court cases involving govemments in a Dinector (202653-5538), ACIR, 800 K Stieet, work with communities in Colondo who dispute over federal laws and an analysis ko Z So0575uth Building' Suite 450, Washingt°n
want to be considered as sites for such a deternune the extent to which each judicial
program. The benefits to Colondo aties and
counties would include the opporlunity to Governor Romer Signs Executive Order on State M[andates get to know our southem neighbors and to
strengthen economic, political and even in October,1994, Governor Romer signed ]:xecuave Order D0007 94 "Enhanang the
personal ties with this very important Intergovemmental Partnership.,; The Order requires that no state agency shall a+eate a new .
country. Inatased access to the professional mandate on local governments unless resotrces of the Graduate School of Public (1) the mandate is speafically required by federal law,
- Affairs and national public administration (2) the agency mnsults with local governments, or
experls would be another benefit (3) the funds necessary to pay the direct ccsts incurred by the loral govemment in mmpiying with
If you are interested in exploring this the mandate are provided by the state govemment.
opportunity, please call Karen S. de A11 state agendes are required to demonsh-ate to the Office of State Planning and Budgeting (OSPB)
Bartolome at the International Center the extent to which they consulted with local governments before the adoption of a rule or .
(303) 820-5630. regulation. The Govemor expects that this new proeess will allow local government offiaaLs ttie
gency rulesgv')reg~ta=
g
pet
es. A mpy ,~g Ex '
A~ W ~le m t}ie Offic~B5tat Plannin and get~, t2 ~to -
OCT 2~'95
~etic
ri
QO (303) 86Er~0 .2 7 4
rlvsta Ua• • - -
dLL. CO PBUf!fRw
6813104 .
BUL!< RATE -
, U.S. POSTAGE .
PAID
TechnkalAssistanae . DENVER, CO
The State-Local Connection PERMIT NO. 738
Published by the Division of Local Government .
1313 Sherman St., Room 521
Denver, Colorado 80203
(303) 866-2156
Town of Vail
Attn: Pam Brandmeyer
7S.S, Froptage Rd.
7
R'~ c: ; ~~Va;l,=colorado 19%57
ThomAIs M. SutheQ'g1II11Qfl r , . - . .v
8Il2 Gar$ie1tB 346 se4
]Fort CoEI'ens, ~O 80524 ~
'II'eYFax: (970) 4841-7079
October 27, 1995
. Ms. Margaret Osterfoss,lVTayor . Town of Vail
75 Frontage Road
Vail, CO 81657
Dear liRayor Osterfoss,
Vdhat a wonderful surprise to receive such a beautiful volume in the mail today! I have not had a
chance to read it all, of course, since it just came, but I have glanced over it, looking at some of
the photos, and reading the paragaph about June Simonton. She sounds like a very interesting
person indeed. And the photos are simply spectacular! I must write to her too, and congratulate
her on her achievement. We are particularly impressed, since we are in the final stages of
producing orrr book, which will be published by Fulcrum in Denver, and will appear at the
beginning of April next year: The last few days we have been going over the "copy editor's"
suggestions and conections, and find he has done a first rate job, so we are happy with how ours
is going to appear.! But it will not be as spectacular as June's!
When I was in Vail for the Festival, I had time to look around and get a little better acquainted
with your town. I was able to visit the bookstore near Lionshead, and found it to be just
excellent. And I have to say that-I had a wonderf'ul time myselt and regretted having to leave on
Saturday morning for a speech in Boca Itaton in Florida. I was not therefore able to do the
Kirkin' of the Tartans sermon for Tom Britz as I had promised, but I was able to get a substitute
from liere in Fort.Colfins, a retired minister, who told me that he and his wife had a wonderful •
time altogether. I do hope that you will a11 plan to do the festival again next year. Lots of people
have in fact told me that they thought ic was absolutely first rate, and all have expressed the hope
that it will be done again next year!
Vail, as you may have heard me say, is my very favorite place to ski, and the management have
been kind enough to give both Jean and me a free pass for the entire season for the past four
years! Heaven! Regrettably, though, in the first three years, we were so busy running all over the
country that we didn't get to use them as often as we would have liked! In fact, the first year that
I was home, my legs got very stiff, and Jean thought that she might have a semi-disabled husband
for the rest of our lives! But my doctor said not to worry, that it would all go away in time, and
he was right! 1Vow I feel like 21 again! And last year, we almost did the passes justice. A/Ty
speaking engagements have been falling off, and I hope that the book will revive them!
Next time I am up in Vail, I will try to come by and meet you. And if you are ever down in this
area, do give me a call, and we can have a cup of coffee--or anything you would care for?!
Meantime, do accept my most sincere thanks for your thmughtfulness. I will treasure that
beautiful book, believe me. Yours most incerely,
Tom Sutherland
.
p-
• ' f ' ~ ~"~l\'~.4,~;;Fr~ - =r. ``:,x - 6t~.C'~ ~n J- 4935
- ~lV;eD~
. . . ~ . : „ , _ , . t, . _ . ` :-~4_ • _ . - ' _
y0 ~u•i sf-s--i Io -n•~ i s ;-,Y o a r~. S'v~ c c e s s'
. , • , - ~ - .f 'T:~ '~t;~? ~
' ; ~i+ SMA-ch
' ' , _ '~T R A V E L. •T.O L~ R I 5, M':` A~•U.T:.H O R'-I :yr ~ 4d4t- ti, . , . . . ,
October+ ~ 1995 .
f "l~ ~ i • ; . _ ~ - . y_ ~i
r_ ~A , ' . \ ~ : ~ . ' • ' f;
. ' . , Y- 1 , , f
. - i~• ~J' . .
~ ~ . . ' • . ~ , F;' • . _ . . + ~ .
` J ~ - our Montbly. ~ . ~date~~
. . ~~e~d In,._Your ar dNom~ , . . p . x~
. • , g~0 ,'US e - ~ .
e'need your participation! dustry:- Director~-in
. ust b~'pre; ' lus is-ihe first monthly CTI'A ,
- The CTTA Board~of Di ~ , . pared~~to ,.c, sommi~ttieir ~t'tme and - update ;desig~d specifically -
rectors election is underway: Xou: .;personal `financial resources=. to or our stal~eholders:;' Our`primary~
. should-hav~=,received ;a packet,-=the-~'I T,~.~ -Faim;-is to~'keep~~you~~.inforn~~of,
~ cluding a~ nominarion- forni re- Cunent.' board -'inembers' can~ CTTTA ~ion;,~oiir direcdon, CI°~'Ar' <
~ cendy in the~ mail. ~hle need you ~ be' -nQminated 1 for 'another' teim meeting_:schedules; and;op
P°rc.li .
~ , • ~ ~ ' • - _ " `esi ned `for -sEaketiolderr:. VVe; w'ill~:
• - to_ nominate members'. of -your: in- Six' of 'the ~11 positions ~ar~e` at- .d. . g., ; s
dustry category for :die 11 Board,large seats._Each'of the remainin ~~=~P Y`o,u'a~iprised. o~travel:\m
ih . . , . i,
~ , . - g
.
~ of Directors seats u.P-`~foi :re- five seats rePreserits one'of. e~-' dustry.developments'and, pertinent..t:,;
statistics an: reports.;' .~t..„,
election.
ess ~categories: t'~accorrim'o : J ~ , ,i
~r ~ _ - b:usin• • . .o ~ ' ~'~liank ' ou for our earl su
C_ Nominees. must be: ° ` t . . = dati
ons; attractins;~~foodbev ` y Y ~ . . p" : ~
port ~of.the,C'I''TA. Please contace
a resident of Colorado erage; recreadori and~transporta
, your coinments suggesoioris or
~ ~ o ~involved in ottier travel= or - tion.-. ~es~ons.~
' sti '
tourism-related organizations, _ ` . Only stakeholders ~are ~
~ ~ ven~;~
such as chainbers or trade as- the_privilege,.of'nominating peo=' `Co-lorado _Travel & To~uism Autliority'-:'
' i . . . ~ y. .
; sociations ple. for. the-board, so we are~. de-: PO Box 3524 ~ = ~ ~ • : . .
~ ~ a principal owner or executiveV pendirig on_,you -to selecta solid i~` ~glewoo(; Colorado 80155
~
officer of a travel- or,tourism- ~ group of candidates~for the'indus= , ;;I , - . Pbbne: 303/~7Z9=5965 ~
~ fax: 303r170-8410
- - ~ related businesses , ~ ~ _ try~election to lie held-in ~Tovem-,
- a GTTA stakeholder ber and Deeember. Nomination's
~ • ~ •1;.' -
- r Please think about nominating, rfor these three year terms are due . ~ . - ~ ° ` ' ~
, , ~ ~ > , :
:
, a leader from your industry~who '.to, the _'A-Office _by . October CTTA Meet~g SChe(lulC .
- , , . . • , , . ~ , . ~ . \ . r = : , , , , ,
~ would enjoy the' ehallenge of : 27.' Please refec to your~~no:mina=
forming a Iledgling organization' , tion packei or call the CTI'.~ of- October ~.8,-,9:30.o.in,
~ and who wants_:to make a;differ=~.
ence for the Colorado - fce.forfurtherinformation: Communications.Commitfee:~
~atf ReSenc Beaver"Creek;.`' .
, .tourism.in- . HY~ y-. ,
! 1 • ,
~l~ovearibe~r`2~' ; i7:30 - .8:30) a.m
Finance Committee
- KOA Carnes~`- TA's FaM~ Promot~0.11. ,
Flyatt,Regeney Denver
. . . . ~ ~ ~ - ~ . • ~ . . . . : t;
~ Tune in to KOradio to hear, the latest Promotion from ttie C~ilorado ~1overre9et,2 noon,eo,3~=p:m. Travel ~i.'Tourism Authorit". .60-secon,d) s ots w~11 run~`throu h-~
, Y P , , 8 , 'Board of Directors
~ ear1y-Novembei encouraging our,fellow Coloradans to explore the`state;. Hy'a~~Resen~~ De~iver~.,~:
~ .
with the help of, a 'Colorado State ~Iacati'on Guide.- ~~I'o~? Pe~oleen~r~;.-
, stores statewide are distributing, ttie _fiee guides., The;fall prrnnotiori uses - ~embe~° `~.f! noon tb 3 p.m.
a fun'appioach.to highlight the things to see ;and do:.'I'!ie advertisements Board,of I~irectors.lVleeting,~~. .
~ ~ H' aft !Ze ~ en Beaver. ~Cr~eek , • `j,
~ remind\the' listener, that they have great get-away-spots right here'~in y.. : g. . '
Colorado. KOA,was chosen because of-the-strength'.-of its signal and'is~~:'
: statewide reach. V _
" ~ ~ . , . . 11' ~ ` ! - - ' ~ . . ~ - , ' . ' ~ . . • ~
-
4•/ 'i' J'- : ' ~ i'~ .i7 r • - - _ _ _ \
_
.
.
_ . . .
/ ' ~ :f": ~ - ~..1 . ' . ' . ~ ' ~ ' - .
. . , .
.J . . _ _
Pa e~2~
g Stakeholder ~Update`., r:
`i f . • ^ - - -
- "1 . . ~i . - :rt~-. , .y=. ,
. . . - -l~ti:.
c d6~
Leads ur f_C.~ 1 r . -
ui'- Februa 1 199.6:'r 1
\atch your, mail for"-: an.~opportunity;. to .1umP-`iiito~ cylierspace I ~ . ~ eallecs to .-1=800=COLORAD ~
~
;
w
A, acketjon Co%ado.~ The~. Official'-0n=~.ine ~~Residenit-~~;` ieceive tlie "Offcial_ ,Colorado'~~ ~
~aa~d ~Visitor Guide is ~.on,'its" wa 'to ,you.,-Tlie 'guide is,' CTTA' State: ~;Vacation~_ .Gaide,. which; `i'
~ . .
,Y~' s -
hom page ~on,
e: the Internetat colorado. com: ~ k
; . _ ~ , ~ Tbe\,putifished~:;'by Colorado ~
,
~ =~Hos itali Publication~s, nc~
As'a stakeholder,,you- _will',receive'a'free 1isting ui- the.:guide P h'
whicti can include your!liusiri'ess's name;.`address, - hone and-fax: ~Ad;~ertising sales ~foi tti'e OCSVG..;_.
. ~ . . . . ~ P are.bem ~iandled`~b 7an ~e~man at
_nuinb'ers, e-mail ~address-_and~~a ~25=word"description, of ~youi g,, Y, s
~ ~ r'~ - ; J~.Puhlications Representatives .
- ?buess ; The packet will" ;fell~ You ~how to take advantage_'othi~ ~ - - - -
`::"'stake~holder benefit;and descnbe- the"other opportunities ?availabTe~,"~ ~ w~t
~ ~ - There :are -other- publications.
. ta: stak~fiolders at substa~-~tial discounts:
. . - . , , .,~.:,:s•. .,%claiming.they will-be sending~theii-_ :•a4:.:
On71ine services are growing':faster sttianany other m.edium m ~uid&-: to. 1,=8U0 COI:ORADO'
g,
recent historyJ This ~~is :a,.~cost ,effective.
way.,.to~_ market..your
- business~ to more than 30 .million-'subscribers ,to 'the-;.Internet-, ~q~~~es: ~!L'.~Thistafeinent.,,,
uiaccurate,- The Consumer
worldwide.' If ou,have ~ y~et to`receive our Pac~Cet; lease ~cll the ` ~
~ ''A y ~ _ - % - - ~ - y P the~. curr'ent fulfilhnent .
CT
off ce.
piece,- and: ~tti
e OCSG are
~ ` ~ . ` ' ' ' 'i . _ . ~ ( ~ . i . , J.\.~
. ~ i = Lonly;,<:~uide`s~~ sent..to,;callers
. - . - ~1-80Q-COLORADO.~-
A ~ As .a` : stakeho~lder~ beneft, ~the
CT ~T A GI oss~~
consum': leads ~ from~ ~~,1 _800=,~~- ~
, -s develo in\ ~a~~ ~p :~COLORADO will'tie available to
with an
e Y P g, nd ~artner you 'w several':',
ithiri '=.the, next.:',
evolvirig organization; the. Any, org,anization: which, o~~rate.,: ~ to .
` , . . . ~ ~ ; . . weeks.We are ~ planning : :.hold. i .
CTTA s $oard I?irectors_.,- has ~ as" a -non;.profit or not-for-profiY
. r. , ; . . several . seminars : on ~ ,how., ; to
~ spent time over the- last -several entity, that has similar goals_ andl ni
, : . ~ anage. your own
, months .detemiining various ' ~missions.' to---:~the.,...-CTTA's.. . ~ -
i . ~ ~ ~ . .:marketing ":progiam :.fo ass~st-
' policies and procedures,'terms and ` Examl _ would - ~"include:
pes
. ~ . . ~stakeholder's in ^getri.ng the..most~.~
.definifions:. FoIlowing are ,ttiree._ chambers, , ~of ; eommerce
. , `
~ ' from these consumer;leads:;
idefinitions we felt should -be . corivention and visitors, bureaus,
~ ~ shared~with ou:. If ~-you,, tiave - ~ any,, qu;estions
_ Y and trade \associations.. , Our, ti,,
, about the_ consumer leads "or._the
partners are valuable information , ~ . ' . . , _ ~ , - . • . , .
spririg%summer gwde,.~please-call
Stakeholder. . . resources, They will be,our:co-op the CTTA office..
_Any. Colorado_ business; operg marketing partners in many,future
~ for a profit that contributes to the .promotional campaigns.
C-T'TA. .-~Stakeholders receive
~ special ; benefts ' and `~mar J As of October I~6.~.::
- ketin ` Friend ;
_ ,
; opportunities that . othei ~ Any person. or company that:.is.
ER
businesses, not: ( . Their - , supportive ;of the1CTTA ± but
$TAKEHOLDHRS ,344
, contributions allow us tot.promote, does -not fall in one of ~ttie -two
. NtnmiBERoF C"At.ts M.
Colorado, create 'stakeholder,.~,~-categories :above:., Examples~
.1=800=COLORADO.:':,,-.,,,.
, r . benefits, and ~run the day-to-day would include , ,;-legislators;.`~ - ` : ~i - ° ` " ~ ~ • ~ °
_ : . ~ , . , ~ ~ .s~rcE Jut~ 6; 1995:~ '
operations 'of the CTTA: . They are . ` ~ "government eritities_ . --and . ~ , . . ~ : .:1 . ` ~ ` ~
71"~361 ~
the,heart of our organization: Colorado corporations:7
. , , ~ . , . ? r ; •
~ = , ~ - ~ i . , . : . - • ; . • ~ ; ~ ' ~ ~.~:~-.1
,
o .
e ~ - 0 0 1
~ ~ ColorR ~ i
Tr~vcl
. Toun~m Au, ori
- ) FalV 1995 Vo9ume I assue
~ J
From the Chairman.1 Stake Your Claimw,
e need YOU to stake members to answer any questions amount of time, money and effort is
~ your claim in Col- or to get clarification on any issue. usually expended before bottom-
orado! The Colorado Becoming a stakeholder in line results are seen. Can you sit
Travel & Tourism Authority was CTTA gives you a direct,v,oice in back and not join? Sure, but it's in
created by our state legislature the direction Colorado's tourism your best interest to support this ef-
because YOU requested an orga- marketing takes, the chance to vote fort and "mine" the rewards of a
nization to do statewide promo- and run for the Board of Directors, strong, vibrant tourism industry.
tion and advertising. access to marketing leads from 1-
Over the last six months, your 800-COLORADO; and the oppor- STAKE YOUR CLAIIVI!
Board of Directors and staff have tunity to participate in stakeholder "
blazed new trails across the mar- only marketing projects. Our 1Vlission is Your Success.
keting landscape by developing Staking any claim is risky busi-
several significant opportunities ness. Although the rewards are Bob Foster
and campaigns to establish and normally long term, an incredible Board of Directors Chairman
rebuild Colorado's presence in
the U.S. and foreign travel mar-
ketplace. ~ h~~~~ the Boar~i
We've done our part, now it's
your turn! As a private enter- he arrival of fall is syn- tions, attractions, food & bever-
prise, we need your contribution IT] onymous with elec- age, recreation and transporta-
i tions. Yard signs, can- tion.
"..:it's ili ~~our best interest to didates speaking in the town The Board of Directors truly
support tllis effort a~~d 'mine' the square, flags waving on election leads this organizati.on. This is
rewards of q:rti•orig, vibrant day - chese are all signs that it not a"rubber stamp" board.
tncrrism indusn~. is time to head to the polls. So it They make decisions and take
to fund these projects. We have seems a logical time for CTTA action on projects that make a
no other source of financing. to hold its Board of Directors difference for the Colorado
Please read through this election. travel industry. We are seeking
newsletter and the enclosed Of the 21 seats.on the board, diversity at the table: big &
brochure. Learn about the we have 11 seats available for small businesses, rural and
CTTA and then sit down and nominations from the industry. metropolitan representatives.
write your check. Becoming a Six of these are at-large seats. What do you need to do to
stakeholder of the CTTA is one Each one of the remaining five nominate someone? First, think
of the best investments you can seats represents one of the busi- about people you believe are
make. Call one of your Board IICSS CatecrOI'leS: aCCOI11ITlOda- (Continued on page 2)
l~Iho Are.C~YA Stakeholders? page 2 .
a.. Your Boarcl of Direc4ors page 3
Colorado 7ourisen in 4he Summer of 9995 page 4
Scheclule of CY7A ANee4ings page 4
:
Fall 1995 `
Who Are CTTA Stak6holders?
ince our invoice mail- received great support from the orado, Colorado Association of
~ ings began going out in onset as people recognize the Campgrounds, Cabins & Lodges,
~J July, people have been need for a unified state market- Colorado Dude and Guest Ranch
asking who the CTTA stakehold- ing effort and how the lack of Association, Colorado Hotel &
ers are. We can't give a specific one negatively affected them. Lodging Association, Colorado
profile of our stakeholders be- A special thank you needs to Restaurant Association, Col-
. cause they are quite diverse. go to several associations who orado River Outfitters Associa-
CTTA stakeholders come helped us clean-up our databasf; tion, Colorado Ski Country USA,
frorri a broad range of businesses for these mailings: Bed & Distinctive Inns of Colorado, and
within every sector of the travel Breakfast Innkeepers of Col- Pikes Peak Country Attractions.
and tourism industry. We°ve re-
ceived contr,'butions fram all (Choose the Board. con,,,,,,edf,o„, page i) So return the invoice you re-
. five designated categories: ac- good representatives of your ceived recently in the mail with
commodations, attractions, food industry, who would thrive given your contribution and we'll send
& beverage, recreation and the opportunity to guide tourisn? you the election materials. If
transportation. The accommoda- marketing for Colorado. Look you haven't received an invoice
tions segment in particular has for those people who have an from the CTTA, call the CTTA
rallied stron-ly behind us. Col- open mind, who think in broad office at 303/779-5965 and one
orado's bed & breakfasts, camp- terms, and possess solid leader- will be sent right away.
grounds, dude and guest ranches, ship qualities. The nomination forms were
cabins and lodges, individual Second, make sure the person mailed to stakeholders on Octo-
motel and hotel properties make you want to nominate is a stake- ber 6. If you haven't received
up a large chunk of our stake- holder, or contributor, in the one, please call the CTTA office
holders. ~ CTTA. It is important for board at the number above. The actual
Our supporters are not just the members to be 100% behind the election will be held in late
big corporations in the state. or~anization. November and early December
Many of our stakeholders are ~Third, become a stakeholder and the results announced by De-
successful entrepreneurs who I.yourself, if you haven't already cember 15, 1995. A more de-
own a carx?pground, rafting com- ; contributed. We want every tailed schedule is below. pany or bed & breakfast. In our ~ voice to be heard. However, This is an important part of invoice mailing, we ask for a only those who have contributed uttin tourism .
contribution of one-tenth of one p g promotion for
to the CTTA can partieipate in our state back on track. We need
percent of gross revenue ($10 i the election. our su ort
per $10,000 of revenue) with a I Y PP , your participation, ~
i your nominations and your vote! r
maximum contribution of
$10,000. This ratio ensures k
equality for all businesses. A$50 Board of Directors Election Sehedule ~
contribution carries the same October 27 Nunrinations due to CTTA offtce F
i•
welght as a$5,000 contribution November 15 Bn/Ints muiled to stakeholders
because they represent the same December 5 Last dav to become a stakeholder in order to vote in the Board f
eommitment from those two of Directors electiorr -
businesses. December 13 Ba!lots due to C77'A Office
r
Invoieing is eontinuing December 15 Election results annnunced ~
through early-October. We have '•Page 2
.
0
o Fall 1395
Your 1995 Board f Directors -
he travel and tourism MEOW-A ~ industry of Colorado ~ - -
owes a debt of gratitude to the CTTA's Board of Direc-
. tors for their completely un-
selfish approach to an especially
challenging responsibility. They
were not only faced with the
enormous task of creating a new organization, they also were re-
quired to quickly reestablish the
promotion of Colorado after a
year's lapse.
The directors have dedicated
a significant amount of their per- sonal and professional time and
other resources to the CTTA. From lefr ro righr, front rovv: Bruce Schmal-7, Amos Cordova, Jennr Fitt-Peaster, T.C.
They have spent the last six Travis, Sallie Clark, Leo Goto, Dean Denitis. Secaid row: Jim Baiit, Pete Meersmmt,
months determining how the Ted Calantrno, Frnnk Bering, Jr., Chuck Murphy, Warren Climmll, Boh Foster. Third
CTTA will work, setting policy, rovv: Snm Anio/d, Steve Bromberg. Fourth row: Bil/ Dvorak, SandY Gurtler, Steve
raising money and laying the Dewire. David Adamson. Not prctured: Harrv Mosgrove
aroundwork for the future. tourism industry in Colorado and ergy and ideas to committees de-
The CTTA Board is com- want to make a difference. ciding the direction of Col-
prised of people like you. They These 21 volunteers have orado's promotional efforts, cre-
are individual business owners given up countless hours travel- ating new marketing opportuni-
and business executives. They ina the state to meetin~s and ties, and establishinQ funding for
have their own businesses to run, speaking engagements. They the organization. The leadership
but'are, concerned about the have given their enthusiasm, en- and guidance of this group is in-
. valuable.
~afl I °8 0 0 °C I() L Ou R A ED 0 CTTA Board of Directors are
shown above and listed on the
0 n June 6, 1995, the Col- filled. back of this newsletter.
orado Travel & Tourism These people called 1-800- please call any one of your
Authority took over man- COLORADO des}~ite the fact there is
aRement of the toll-free information no current advertising campaign. board members and give them
line, 1-800-COLORADO. For the Imagine. how manv will come in when your input. Your thoughts, ideas
first time in almost a year, the the CTTA's ads begin and Colorado is and insight are important. And
phones were answered 7 days a top-of-mind with consumers again! while you are talking with them,
week. 24-hours a day. We are currently developing a please thank them for their dedi-
T'hrou-h the end of September, program to give C'FTA stakeholders cation and commitment to our in-
nearly 65,000 calls from potential access.to these consumer leads for dustry.
travelers to Colorado have been an- their own marketinc, purposes. This
swered. Their requests for informa= opportunity will be available within Rich Meredith
tion about Colorado have been full- the next month.
CTTA President
Page 3 .
~
n::..;°.....
- Fa111995
CTTA Board of Directors ~ Colorado Tourisnn: ~ Schedule
of llpcoming
Accommodations The Summer of ':75 f CT7"A Me e t i n g s
Warren Clinton, Castle Mountain & he media have been full of
McGregor Mountain Lodges m seemingly contradictory November 2 noon to 3 p.m.
Steve Dewire, Hyatt Regency Beaver j stories bout Colorado ~ Board of Directors Meetincy
Creek I tourism in the summer of Denl~er Hti•att Regenc_~• Denrer
T.C. Travis, Trail's End Campground 1995. Consumer spending on ~
restaurants and accommodations was December 7 noon to 3 p.m.
Attractions • up in several metropolitan areas. The
Amos Cordova, Durango & Silverton Welcome Centers reported. a 1~~% Board of Directors Meeting
Narrow Gauge Railroad increase in visits over last summer. Beaver Creek
Sandy Gurtler, Elitch Gardens On the other hand, a study by Hvatt Regency Bea>>er- Creek
Amusement Park economist Tucker Hart Adams
Bruce Schmalz, Dostal Alley Casino indicated a drop in business at nine Tentative Sehedule for 7996
- mountain resorts. Visits to outdoor January Central City/Blackhawk
Food & Beverage attractions were down statewide. Even February Fort Collins
Rocky Mountain National Park was
Frank Bering, Jr., Gladstones & March Eastern Colorado
down S~o from last year by the end of The Winery Restaurants August. April Durango
Ted Calantino. Irish Pub & Grille A variety of reasons exists to
Leo Goto, Wellshire Inn account for the decline over the past
~ year. Whire µ-eather.played a role in
Recreahon ' these numbers for May and June, a
¦
Steve Bromber2, Silver Creek Ski common denominator exists in every ~ For more information ¦
Area ~ i case: the lack of a unified staXe ¦ on the Colorado Travel ~
Bill Dvorak, Bill Dvorak Kavak & marketing effort. Individual ~ ¦
Rafting Expeditions ' promotional efforts made a difference Tourism Authority, ¦
Harry Mosarove, Copper Mountain in some areas. But overall, a 6 ro 8 ¦ our miss.ion, ~
¦ ~
Resort percent drop statewide over last ~ aceomplishments and ¦
summer is ezpected. ~
Transportation It is ?he goal of che CTTA ro bring 0 current projects, please m
David Adamson. Resort Express, Inc Colorado back ro the top of the list of ~ read the enclosed ~
.
Jim Bain. The Ski Train desired destination,. Promotion of i ~ ¦
~ brochure. ~
Colorado ~kill make a difference in i
Chuck Murphy. Pikes Peak ~
vourhottomlinc. ~'l~eare workinato ~1¦¦~¦¦¦¦¦¦m¦¦¦¦f
Tours/Grayline make a chanLe herause our mission is
vour sucess. . .
At Laree '
Sam Arnoid. I he Fort Restaurant
Sallie Clark, Holden House - 1902 Name the New.sletter Contest
B&B Inn
Dean Dennis. Pueblo Convencion & t T our rhancc to win a fabu- in and the winner will be chosen by
Visitors Council Y lous prire awaits! This the Board. If ther,e is a tie, the top
Jenny Fitt-Peaster. Colorado Agency newslettcr needs a catchy three names will be submitted for a
for Campgrounds, Cabins & name and we\vant you to help us vote of the readership.
Lodges ; pick it! The deadline for the contest is
Bob Foster, Lost Va11ey Ranch , Here are the details. We will December 15, 1995. The winner
Pete Meersman, Colorado Restaurant produce thi, update quarterly to will be notified before publication of
Association send to the 9.000 businesses in the the Winter newsletter.
Coloradu travel and tourism indus- Send your creative concepts to:
CTTA Staff tr}'. The next newsle[ter will be Nanre the NeH-sletter Contest
Rich Meredith P,-esident mailed in January. Cnlorado Travel & Tntirism Authorrty
Linda Stamper Director of Cnmmunicotinns Get creative and put togeher up P.O. Box 3524
Melissa Beck c„ni,~~~tnr(urio*n.s coo,dr„a,oi to five newsletter names. Send them EnRlewond. CO 80155
Page 4
' . ' . .:~•.i : ,1,~%4~, z . . • i j . . :1 ~ ~ f, , ~ r ' ~
' . , ' ' . • , . - ' ` ~ ~ • , i . . . ~ . . . 't` . • . . , `r ' 1 . . ,
. ~ ~ . r. ' . T`Cb.~.'t. .t't. • . . ' ,.i'`",' ~ ' ` J., '
: hat„ is, td~'e. ~'alo~aclo?. ~'raved ~'oup[s~8l•' : • reater'o rtunitwe have,..foi the romotion of . ' , . , - g t Pp° ~ Y . . P . WDaat1'ape,some. of your.accorrYplisDt~rtents.
AuBDtOrity? 1 • , ~ . Colorado:- I i , 1 > . r ~ , • , , .
. . , ti •'t , . ; . , . ° f~ - At the f rst meeting of the C1TA Board, the directors
• !The Colorado Travel & Tou~ism'Auth'orit,y y .(CTTAj=is , ' ; r' , , ~ • ' i' agreed unanimously-thal.the most imporfant Jroject`
the state's ne'w tourism: promotion office: The primary; How is.the -c7'~'A. furtded? they could undertalce was. to take' over.rrianagement~ of
purpose, of the C•TTA is to market~.Colorado through~~; 'rhis pciyatized macketing.effort ~is funded with purely the toll-free _ iuformation line.,-. Within `a morith, , we ~
•
advertising'; publieations, publ. ic relations land other voluntary ' ~'contributions . from .Colorado's. tourism, to -''have~ calls ~ to • . ,1-800-COLORADO ; peomotional activities.'!The C1TA's '"message to: both . . :i ; industryt. , • ~ , ~ ` ~ , ~ answered and requests for infornlacion %fulfilled', 24
'~the leisure•and'group markets,is~that'Colorado is an ,":~.j, ' • ; _ hoursia day, seveni'days'a week(for;the first time in''
i outstanding, year-round travel destinatiori. , We.wanf, Though it,was created by.the Legislature, fhe CTTA- , almost a year", As , of the, end of September, '
~ r ' ~ ' " s °is _fullf bverned and funded b th tounsm indust approxiinately 65,000,,calls w
g, ere~, ;an'swered'. and ; Colorado to tbp eyery~list of preferred destinations Y' p ry.
f
~ . . , • ~ . businesses;it represents. We;ask' for one-tenth of.one' ' " information sent'.
he C'~`fA'was crdafed in thpwinter.nf 1993:'94 whed'. r- = ' 1, ryleaders . , .':•perrent of tiavel and touris?h bus inesses'"annual gross
~,T : ~ ~ , ~ ~ , t_• - , . , ; . , ~
'.,tourism indust~.' came together to find a new, ' '
wa 'to fund th'e .`martin r~ ~ rev~nue; busin~sses in the' food and beverage category' , Thanks to Karsti & Hagan Advertising; i fhe~ C'PTA's,
Y g_ `of Colorado,,., tThey'•) ~ "have~a lower rate. to: retlect-ihe higher number.of.local ' agency, Colorado , has' more , than _$150,000 of free
eveloped- the idea of a privatized t6unsm; mariceting .clientele ,they attract. This' equals $10 pei $10,00`0 of adveRising running ' in ! national~., . publications~organ.ization; modeled~aftei. similai- `g~oups:. in., the revenue,or $3:50 per'$10,000 for restaurants.. throughout the'rest of the year andinto eaiyy 1996.
'agriculture industry.t;hat use'a`check-offprogram to • _ i ~ , .
promote,ttieir industry's_products `Full-scale fiindraising efforts for 1995, began in July. .
- , ~ • . ~ : . , , . - . - ' ~B'hat other projeets is the C7`~'ffl working ori7
' c " ~ . , ,;y= . ' • ~ ~ ; Bvery business_:in the indwStry' that'we could identify,
=>In` 1994,~ Ihe . Coloiado tLegislature; passed:.:a tjill, ~vas,.mailed an information packet and invoice: We f' ~~everal projects.are in~developmerit'fo help.promote I
establishing.the•CTTA'.,°An industry-wide electionJfor~ t, have received a.good response from our industry's Colorado to the leisure and meeting:tiayeler. • Etie first - Boar&-, of Directors~was held'mearly 1995.
The Board o ,'~D'uectors'heYd their. first'me$ting.m . ' ' ' • = . ` . ~ . . ' M[arke4ing ~lan Se~eral projects:- have been
~ . r , . , r r. ~ . . . ~ ~
- conjdnction,'with a retreat al~.Lost Valley, Ranch 'in' ; Based 'o? [he level of contributions, the Board:~- -designed that will ~make the most~of. the marketing
:April.. a roved a$600, 00 bud et for, 1995. It was the ' dollars available by workin w,ith ~existin ~ tounsm '
PP , S~. g , g g
~ • , ; 'i:` unanimous decision of; the', board that at least~' 70..-, ~ mazketing organizations and corporate partners. ,
The;.; 21-m`ember ' board- is designed;_. to, equally 1.•,,:: " peicent'of the CTTA"s bUdget`must.be earmarked for Elements of the marketing plan include\ '
represent,the;five'travel- and tourism-related business" ` ~ " ' • . ~ . ~ . ,
. . , . marketing' effolrts-and getting inform.ation into the ~ • . , -
, categories:' 'acco'mmodations, attractions, :~food, , consumers' : hands. Below, is a breakdown ofi the i• A fall promotion; aimed , at the` in-state traveler
-.bevera e, recreation and trans rtation. : Six of the 21`. ' ~ . - ~ with the-theme.,that Colorado is a great get-away
. g j P o~ _ . , budget'items from 1995:
seats are . at-larga,-;positions created' to .allow other : : • - ; . ' • I i , I • " ' ~ in your own~backyard. Total .Petroleum stores
'businesses'affected,,by,fHe_touri'sm industry 'to~liave a, 1• ~ pngormationServices $240,000 Y' • state-wide.ar~-distritiuting State'Vacation Guides
° voiee,at the%table: ,1Vlonthly"board meetings are held'.,','' MaPketing Projects r . .$280,000' to traveling.ColoradanC.
on)the frst Thursday at locations thioughout the stat&. , ' " ' ' - . " ' ' ,
Operateons 80,000 ~A winter cam
P g _ ai n erriPhasizin.S that Colorado ,
~ , : -`.:.r. ~ ~ • : ' ,
offers more tlian- just great skiing shopping,'
Whobertefitsfro.ntl BDteC7'TA?~.:•,,; . , . ~F-.,...,. . ~ QurlV7issionisl'ourSuccess? . ' ~ . • , .
• . ; . • ' • ~ , , ~ gTeat night, life, :-fun ~in' the cities, cultural.~
The,entire:state beiiefts-from our.•marketing efforts ''his'~.is`the motto developed;.and adopted by your opportunities, other wintertimesports to
via a sttonger economy. Busine"sses who' depend on, Board of Directors. '
' increase winter travel in Colorado: '
' What this means to you is the:"
'income from, businpss and leisure, tiavelers. benefiC assuranc~ that every program ,the Board invests in is'~
:fr1ocri . n increased nuin desi
a ber of customers. A' spring/summer campaign promoting leisure
, • gned to advance the position of Colorado in the • ~travel. in Colorado. This is, a cooperative
~'..'tourism marketplace: We want you to see the results - ,
Our stakeholders, or contributors, ~iill reap additional ` ~ . • marketing program with American- Express and
ofour efforts in your bottom line.
rewards from the. CT"TA. (We,.provide stakeholder ;other tourism promotion partners. '
• businesses,,:'with special. benefts and marketing
opportunities.. The more stakeholders we~ Nave, the
•`,h ' . , ` k . , _ J . ` i ~ ' . 1 . ` ' ~ I ,
. ~1. ~1 , f • ~r', , ~ ' ~ ~ o 1~ ~ , _ ( ` ~ ' , - C . . ' : , r , ~ ~ ' ,
. 'i ' . ` ' ' ~ ~ • ' ~ ' ` ~ l - 1
• i - - , . , , . ,
1 ' '1 ) , , • ' t ~ ' . :r • , i.. .
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, I , , , . . ~ , i a . " r . .
ii~ ~ ; r, t
~ ~ , y i . `i r \ , - , , ~ ~ , , . , ; , f u ; _
e , Allocated'marketin~•dollai ' ~ ~ ~ _ - ) , " i. _ ~i, t •;J. i ;.~-'',c)`-.- .i;':1,-n ~r-
. g , s targeted to ,promote _ CTTA Board of~Directors~ , ~ r~ ~ ,
r ,
- Colorado: •to the me J ' ' . , ` , ; 1 ( ' ' ~ ,
. ~ . , . ~ ~ ; r .
` etings an;ci conuentiom , ~ ccomm ) ; 'odations • 'i , . , . . , • • . . 1, r ~ j ~ .r ~
~ segment. ~ . , , A ~ ~ - ' ~ , , ~ _ ~ J ~ • r , ' ; '
' f
'k< ~ 1..
.
~ r ` ~ i ~ ~ i , . . \ , l ':r~.. . . . 1 ~ , : ~ ~r.} 1~. i .cl~,;~~j;?f. u,
' " 1•~~, , ~ ~ , 1 I. ~ i 1 , . ~ . ( - 1 . 'll. ~y ~ 1r k » v,t
' ' ~ ' ~ ,,will 6e~, ~ . • Warren:Clinton, Castle'Moun ~ta ' in & ~IVIcGrego`r ' - ~ 1~. ~C~ _ ` ! ~ ~ \j ~
colocado.coasa ~ ~;1
.N vember, 1;.thcC'I''A - j ~
~ By~, o ~ ~ .Mountain-;L:odQes - - ~ ~ ~ I ' f
I
S ' / I ' 7 ) b " ' - ' . , 1 .M1 i, " ~ . 1 i~ j .)~J ~ ~I F
on the Internet•.with "Colorado: ;The Oficial On-Line ` " ~ ' ~ ~ ~ ~ • ~ ~ I - I ~ ' r~ '
I k i , - I , I I - I Steve_Dewire,,Hyatt Regency Beavei Creek" , / f ~ I 1 ~J~ - h ~
,.,i, ° ;,rti, :1•'at:`• { ~r t '..I :
Resident and :Visitors Guide.", In addition to",editorial - r `T.C; Travis„Trail's End Campground ~ ~ ~ ~ { ~ • = F 4, '~"1• , ~ ' P r ,4 '.1, ' j }
~ ~ :
omment on . . . Colorao's . :histo culture, N. . . : . . . : c . - ~ . ' ,v:, j
; l ~ il . t r: .
c . ~
a!~Y ~ rY•,,.`uid,e will~ , , , , ` ,
i- ~ ) ~ 7 ~ -
.:government.,and business; . the,;on-lin~~`g~~ ` ~ , Aftractions , ~ _ . / . ~ ^r~` ~ r~~ ' ` ' ~i , i ,„f~ ;r j`~~~ ?
~ , contain a~listm of,eve stakeholder'S,bUS1I18SS'Wkttl , 1 - • ~ I\ , . , , ~ ,`u I1; . ~ t ° ~ f- ~ .
g , rY ~ , , ;,~Amos~'Cordova,'Durango & Silverton Narrow Gauge ~ ~ , ~5, ~ ~ ~ ? ? r,~<,;:'•,
: a bri ef descrition ~an dC Op act.information , "r ' ,O: u'. i'~s•s t o•.r~ i s~~ Y o~U" rr S d c c e's
P. t ~T his ~ailroad. ~ _ ; f~ ~r ~ . ~ r . a
~ , . . , '•.i'.J ~ ' - . iJi, • a--2. I ~ tq .
;,comprehensive; ,intera"ctive on-lin~ :resource'.,will.:be~ i ~ 11 Sandy'Gurtler; Elitch Gardens AmusemenCPark - ~ ~ _ . ~A\,
~,1 i ~'r
;
avai)able ~,to ~.tHe 30-40 million ' subsFribersj t~O the~., , ' ' , ~ ` , , ~ ~ ' ~ 1 T-A
v
. _ . , t , ~ Bruce Schmalz, Dostal,Alley'Casiho r P ~ , ':,C ' . . :
, .
' . , ` ~ . ~ ; . . •
, : ~r~, . ~
I. Inte ~ me[, 'Key 'us up,at http; //www.colorado.com ~ ~ ; ( ; ' , r ' I . . ' 1.~ , _ , - ~ T,R A V E~L ~?Bi 'T.OQU R ISIM{ I A U T'HiO R E,m ~f`-
~ ~ i r Food & Bevera~e ~ ; . , . . . ,
, t.' - . P.O. ~BOX-352'4-:,ENCLEYVOOD,'COIOR./. _ DC, 80155~
i ( , , ~ l . , ' ~ w~,ould, . ~ , . ' \ r' . . r. V ?I
~ , . mean''if ' ~ ~ : . , ~ ~
O ne'stop-shopping m _ agine what,it_ ~ ' . . ~ ` ~ > ~ ~ t,'
, , „ Frank,B' ering, Jr.; Gladstones-& The Winery j , ~ , • , t ~ `
~ r~
I .~we~were_~ble;to offer callers.t~1=800-COLO~RADO~"'''f•~- - ~ 1-1 , ~ 4 ~ ` ii~''
j , . j. ~ \ RestaurAnts . ' i,. t, ~ i ; ; ; : ,
~ , ~ ~s.~. ~
~ ~ the option to. 'make' all their,-travel : arran~e~„Pnts . ) , 1 • 'I , , . ` ' •
. . , - . . - ~ - - ~ . i i ed .(:alantino, lrish Pub,& Grille , . r " f . a i1 ~ ` i i )without ~havic~g to tiang~ up.,and\ ma - ke another e ~
' st of ' . YY: ~ ~ ~ ' ~ r ~ : . , t ; . , ; . ' ~ , 'r.,~ " ` ~~t
. Leo Goto, Wellshice;Inn < ; ! Octobe
c. This is= ')potential_ lioon fo~~I ~ .
~ alls .I9~5` .
Co lorado, ',with at ( . ) . ~ ~ ! < , ; 1 - ~ + - . :
~ .i ,r• . . , eation t ~f •t~~~ ri.~.~t.. i.7~Fi :L: ,,,.,t
-least 250 000 : calls antici at - ' i~ ~ I ~ ` ~ , . , ,.--ut r t:
p ~ii ,annpally: -The' Recr i 1 . ~ ~ , ,
' ! ' ~ I: •v I ~ - , I 1- b j ,i1:^,. ; ~ ~ ~ _ _1 ~
techndlogy is' available and read~Y ,to be; Put tp work~ . "Y~ ,S - , ':I . t V ~ } ~ ~ - ~
, , t, Steve Bromberg, Silver Creek ki,Area, j F : t ~a
. ~ ~ ~ + + c~~ ' S' ` "
for the'CTTA: ~ ~ ` I 'r: ~ \ iBlll', V C + v • ~ T ,i::~;~ ~ " ' n h , ~ i 4.:t.:'Xi)
~ ~ D o ak, BiII~D orakKay,ak~&'Rafting' ~ , r ~ } :f , „r, ~
~ ' -'~r • ~~I 11 - - . l, i~ , ~3 ,
, ` . ~ . Ez editions'' a t~ , e ) x ' ~ y~ "~~;,1',G4 . 'r~~~~ 4~,; a~`•+, y i ~r.
~S, ~eakers Bureau. -%We.are re ~ed fo'coine~talk fo' P t - ti, ' , ;i~ . ~ ~ .iy i' ~ _ ~y ;,,.t~.;' - r
P , ,r:: . ~ P P~S' ' . '~1 •H Mos rove :C ~o p p r'I ' r. ~ ~ t.,~ , z :z;? :~~;'f~-~~ ~r~
r arry g e Molint in.Resort , ~ , , ~
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' TOWN OF VAI,.
.
Iaiput/Iaiqigary Response Recogd .
The ateached comments were recently received by the T°ow'n of VaiL TAIe encourage Vaii
residents and guests to give ias such input aaid we s4rive for tiateIy responses. PLEASE
ADDRESS TI-IESE CONCERliTS VlTTIHN RVE TNOIZKNG DAXS AND RETLJRiV IHISS
COIti%I'LET'ED FORIVI T°O PAM BRANDNMYM
DEI'ARTMEi1T T'O HAiVDLE INQLJIIZY ~G-ti+~ld~e IlNDIVIDUAL. T°0 HAiNDLE INQLJIRX
DATE Tov REcErVED 11,=/INQUIRx 16, ee •fs
, T°YPE OF INPUI'/IlVOUIlZY:
PHOIVE CALL (indicate dafie) LETTER (attached) OC~t^e, N-a j~W
RFSPONSE CARD (attached)
00,
TYPE OF REST'ONSE (check onel:
LETI'ER (attach copy)
, PHONE CALL (indicate date)
: BRIEF S UMMARY OF RESPONS OR A 1~$yyT~ 'I°O IliTOT TTRY;
,
DATE OF ftESPONSE FOIZM REMTNM BY DII'ARTiVEN°I' T'O PAM BRp,NDMEyER:
A copy of this inqviry and focm witl remain on file at the TOV Commuaity Relations offim As soon ay this fcrm is tetymed to pam
• Brandmeyer, this inquiry wili be considered dosrd
' THAiNK YOU i-0R YOLR ZDvMY HAItiDIri fC OFhIIS LSSZ'E rF YpU HAVE ANY QUESiIONS, P4M1SE FEEL FR~ETO CONTACT
PA~~t BRA,\'DMEYER AT 479-2213. '
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The Vad Valley Foundadon is exciced you are able to attend this exuavaganza RECE
oF World Cup Ski Racing. A scheclule is listed below to help you follow the
; races and social events oF this Intemational Ski Festival.
;
Chevy Trnsls InternatIonal Ski Fesdrall-Par¢ One
Tues., Nov. 14 . 8.00atn Registrrtion Opens Lodge at Vad Thurs., Nov. 16. 9:OOam Hospitaliry 'Crnt Opec?s vail Finish Stadium
Thurs., Nov. 16, 11:00am Super G Racr-Women Intem•rdomrhVail
Thurs., Nov. 16. 1245pm Super G Awrrds Vad Finish Stadium
Thurs., Nw. 16, 7:OOpm Wdcome Parry The Evetgreen [.aigo-Vail
Thurs., Nov. 16, S:00pm O{xrring Cxcemrnries Dobson ,Lena-Vail ~
Fri., Nov. 17, 9:00am Hospiraliry Tmt Opens Vail Finuh Stadium
' Fri.. Nov. 17, 1040am Giant Shlom-Mm-tst Run (ntemationa!-Vait
Fri., Nov. 17, 1:00pm Giant SWom-,Nen-2nd Run (ntemarional-V2i1
Fri., Nov. 17, 1:45pm Giant Slalom Awards Vail Finish Stadium
Fri., Nov. 17. 7:OOpm Public Pick Pepi s Deck-Vai
Sac, Nov: 18, 9:OQam Hospitaliry Tenc Opens Bpver Creek Finish Sndium
Sac, Ivov. 18, lO:OQam Slalom-Women-Ist Run Centennial-Beaver Creek
SaL. Nov. 18, I.00pm Slalom-Women-2nd Run Cecuennia!-Brrver Creek
Sat. Nov. 18, 1:45pm Slalom Aarards Beaver Crrek Fnish Stadium
Sac, Nov. 18, 7:OOpm PubGc Pick & Disco Prny Macriott Hotd
Sun., Nov. 19. 9:00am Hospitaliry Trnt Opens &aver Creek Finish Stadium
Sun., Nov. 19. IP.OOam Slalom-Men-lst Run Cxn[ennial-Beaver Creek ~
Sun., Nov. 19, 1:00pm Slalom-Men-2nd Run Centennia!-Beaver Creek
; Sun., Nov. 19. 1:45pm Slalom Awards Brrver Creek Finish Stadium
Chevy?cuck Inrernadoaat Ski Fesdeall,-402a41Wo ~
_ . i
- , Mon., Nov. 27, B:OOart? Registration Opens Lodge at Vai!
Thurs., Nov. 30. 7:UOpm Public Pick Pepi s Deck-Vai! ~
Thurs., Nov. 30, 8:OOpm Welcome Party Atrium of The Gateway Plaat-Vail
Fri., Dec 1, 9:00am Hospita(iry Tent ONens Vad Fittish Stadium
Fri., Dec. 1, 11:00am Men's Downhill Race [htemational-Vaii
Fri., Dec. 1, 12.45pm Downhill Aavards Vad F'uiish Stadium
Fri., Dec. 1, 3:00pm Sponsor Ski Doam Intema[ional--Vail
Fri., Dec. I, 7:00pm Crystal Ball The Westin Resort-Vai1
Sat., Dec. 2, 9:OOam Haspitalicy Tent Opens Vail Finish Stadium
Sac, Dec. 2, I1:00.un Men's Super G Race [n[emarional-Vai1
Sat, Dec. Z, 12:45pm Super G Awards Va;! finish Stadium
r
Welccome to the Chevy Truck International Sku' Festival!
Registration Credentials
Regutration will be located in The Vai( Room at the Lodge at Vail. Credentials will be issued at Registration. Those with Lift Access
A satellite registration office will be located in the Ford Board are good for skung on both Vad and Beaver Creek mountains
Room in the Hyatt at Beaver Creek during the November Men and from Tuesday, [Vovember 14 through Sunday, November 19 or
Women's World Cup Sla(om Races. Hours of Regisvation are as Monclay, IVovember 27 through Sunciay, December 2. VIP
Follows: credentials will provide access to the hospitaliry tent which is
operational on race days only. The hospitaliry rent will open at
Chevy Truck Internadonal Ski Festival-Part One 9:00am for a continental breakfast and will serve lunch into the
iVoaember 14-19, 1995 early afternoon. Tent locations are as follows:
Tuesday Lodge at Vail 8:00am-7:00pm
Wednesday Lodge at Vail 8:00am-7:00pm Chevy Truck Internadonal Ski Festival-Part One
Thursday Lodge at Vad 8:00am-7:00pm Thursday, November 16 Vad Finish Stadium
Friday Lodge at Vail 8:00am-7:00pm Friday, November 17 . Vad Finish Stadium ~
Saturday Lodge at Vail 8:00am-7:00pm Saturday, November 18 Beaver Creek Finish Stadium
Hyatt Regenc,y, Beaver Creek 9:00am-2:00pm Sunday, Novembec 19 Beaver Creek Finish Stadium
Sunci:iy Locige at Vail 8:00am-5:00pm
Hyatt Regency, Beaver Creek 9:00am-2:00pm Chevy Truck International Ski Festival--Part "Itvo
Friday, December 1 Vad Finish Stadium
Chevy Truck Internadonal Ski Festival-Part Two Saturday, December 2 Vail Finuh Stad;um `
Xouember 27-December 2, 1995
:londay Lodge at Vad 8:00am-7:00pm
Tuesday Lodge at Vail 8:00am-7:00pm
Wednesdav Lodge at Vai! 8:00am-7:00pm
Thursday Lodge at Vail 8:00am-7:00pm ~
Friday Lodge at Vail 8:00am-7:00pm
Saturday Lodge at Vail 8:00am1+:00pm
dd
e4
TOWN OF ~AIL 75 South F'rontage Itocad
Vail, Colorado 81657
970 479-2100 FAX-970-479-2157
FOR BMMED9ATE RELEASE
October 31, 1995 Contact: Mike Rose, 479-2178
Vail Transit iVianager -
NEtltly 20'PASSEltlGER TPAIYc7IT tlAGtlS TO SAVC $Z5y0o0
Dltl ~OV 6S91tlItlUAL OPERATIOItlS
Med6a Notre: To schedule a photo of the new vans, please contact
Mike Rose at 479-2178. Several of the vans are already being put
into service.
(Vail)--The Town of Vail is receiving delivery of six nevv, 207passenger vans this dveek
to help increase effiiciencies within the transit fleet. The town purchased all six of the
25 ft. long Startran vans for $250,000, or the cost ofi a new 40 ft. long 100-passenger
bus.
The new vans, two of which are four-wheel drive models, will be used to service some
of the town's nonpeak routes, such as Gypsum-to-Vail, Golf Course and Lionsridge
Loop. Vail Transit iVlanager iViike Rose said the new vans cost about 72 cents per mile to
operate, while the larger buses cost about 95 cents per mile. "With the mix of our
longer buses and the new vans, we'll be able to service our passengers without
supplying more seats than we really need," said Rose. He estimated the vans would
_ run between 100,000 to 150,000 miles.a year, an operational savings of about $25,000.
As a result, Rose said, the vans will help extend the life of the more expensive buses,
(more)
Vans/Add 1 which typically last about 12 years. Also, the vans will iricrease the number of
wheelchair accessible vehicles from four to 10.
In addition to the six'vans, Vail's transit fleet includes 15, 30 ft. buses and 17, 35 ft.
buses, plus a fully equipped paratransit van. ' Other capital additions to Vail's fleet will occur in 1996 when the town takes delivery
of eight high-capacity, low-floor buses to be used on the in-town shuttle. At $250,000
each, the 40 ft. buses are being purchased with existing c;apital vehicle replacement
funds. The low-floor buses are expected to increase frequency and carrying capacity,
resulting in three to four fewer buses needed #o serve the.seven-minute route during
peak periods.
With 3.2 million riders annually, Vail's system is thought to be the largest free bus
service in the nation. Funding is made possible by a four percent tax on Vail ski lift
tickets. The tax, the only one of its kind in the state, generates about, $2 million per
year and represents the highest contribution level by a ski resort to its municipal
partner in the state. .
The system will switch from its current non peak service to early winter service on
Nov. 20. For route and schedule information, call 479-2174.
# # #
~ r. _ . i~~~
~
9 Inc.
ANT
October 30, 1995 ; President
Mr. J. K. Christensen
c/o Common Sense for the Commons, Inc. 2308 A Garmish G' t.
C~
Vail, CO..81567
Dear Mr. Christensen,
Thank you for your letter of October 25, 1995, concerning your views and thoughts about City Market's
participation in the Vail Commons_proJect. Unfortunately, I did not receive your letter until Oc:ober 27, 1995, and
thus, was unable to meet your request for a response by that same date. I trust that this response will be timely for
your and your organization none the less.
City Market responded to a Request For Proposal from the Town of Vail, sent in early 1995; relating to use of
the Commons property. We were one of seven contenders who participated in open and public competition for the
opportunity to participate in development of the Commons property. Because our proposal most closely met the
requirements established by the Town of Vail, including the highest quality and most livable affordable housing, City
Market was selected by the council to proceed with deve(opment of the property. There were several public hearings
between March and May, 1995, at which the design and economic features of all the proposals were questioned and
discussed. Subsequent to the Town of Vail's selection of City Market, there have been additional public hearings
before the Town Council and the Design Review Board to further scrutinize our proposal and to negotiate the ground
lease and development agreement. As you know, the Design Review Board has now also approved our development
plan.
We feel that our project more than meets the stringent requirements set by the Town of Vail and will clearly
achieve the goals for the project established by the Town to meet critical needs of the community. We are confident
that the project, as conceived, will be an attractive addition to the Vail community and will be an enduring asset for
Vail.
As you are not doubt aware, we and our development partners have put forth substantial efforts and have
committed significant resources to this project - all of which, we believe, will be beneficial to the Vail community.
We have also made commitments to the Town of Vail which we must honor. Consequently, in addition to our belief
that continuing with the project is of substantial benefit to the Vail community, and that it is thus a good project to
build, we are contractually and financially committed to proceed with the project as proposed.
. . Very trul ,
/thon
Prt ter
Presid t
AFP:tIb
c: Margaret A. Osterfoss, Mayor
Thomas Moorehead, Town Attorney
John Caldwell
HORAE OFFICE: 105 W. COLORAD0,4VE. - P.O, BOX 729 GRAND JUMCTION, CO 81502-0729 (970) 241-0750 FAX 244-1052
~ ~WfTlD OM XECYCAED PAPfq
NE6VS & COMMEiVTARY • - TELLURIDE TiMES-JOURNAL . OCTOBER 26- NOVEA4BER 1,1995 ISA
0 . -Pearl Pro er~ in, arts center out for 1 9 6 fund'in"
~
B y RUSSELL SflN1lTH municipal business."- Telluride Region. nancing plan, for lacals to vote on in 1Vo-
Times-lournal Writer . The Pearl Property, which xvill be used as Plans were included to continue to adopt vember '96.
an intercept lot for the Commission For En- and begin to implement a Telluride OpenLands Nothing was slated in 1996 for a perform-
Telluride Town Council mertibers dis-. vironmentally Efficient Transportation's Plan for the region. The plan, developed ing arts center. This year, Council Member
cussed a deficit-spending budget that could parking plan, will be a big financial hit to through public participation and workshops, Robert Weatherford helped raise $17,000
require the town to delay some community the improvement fund, Curran said. -*Nill develop criteria for ensuring open space. from non-town sources.
goals and projects. The draft budget listed a 1996 request A surface and subsurface hydrology study, McQueen and Associates, the consultants
Town Manager Peggy Curran and Fi- for the Pearl Property at $1.3 million; ho-vv- which began this month, should be com- conducting the Cultural Master Plan analy-
nance Director Kevin Swain presented a ever, $440,000 of that would come from pleted in 1996 and may lead to changes in sis, Nviil study the possibility of a perform-
draft budget during awork session at unspent 1995 funds that Nvould be rolled the Land Use Code. ing arts facility, which should be complete
Tuesday's meeting. into the '96 budget. The surface drainage information could by late 1995 or early '96.
The budget included General Fund sgend- Reading Ihrough aworking draft of the be used to help develop a streetscape plan, LJnder objectives for theater, the town has
ing that would esceed revenues bi' $256,000. town's objectives for 1996, she explained which would be part of long-term capital held discussions Nvith Jim Bedford and Luci
Capital Improvement Fund spending Nivould some of the relationships between desired improvements project. _ Reeve, who lease the Nugget, to formulate
exceed revenues by $432,427. objectives and budget realities. Inforniation about the town's subsurface ways in which the town might wean the the-
,"We are. still confronted Nvith a dig'iciilt The objectives Nvere based on seven goals hydrology -%Ni11 be used to develop standards - ater from government subsidies.
situation" Curran said, referring to the Gen- the council adopted Dec. 5, 1994. They in- forbuilding activity on Nvater-sensitive parcels. Curran said she was concerned about hav-
eral Fund. "[The $256.000 shortfall is] some- clude protection and enhancement of the The to«n's environmental objectives also ing the to«n in the theater business, indicat-
thing Nve have not heen able to remedy so far. enviranment; preservation of conununity: include improvement of an air-quality model ing it should stay out of private enterprises.
We're going to have to look at reductions." creation of affordable-employee housing; through implementation of regional meteo- A three-year contract may be possible
The town had anUCipated deficit spend- environmentally sound regional transit; im- rological and monitoring stations. The model between the Telluride Film Festival and the
ing in the Capital Improvement Fund, Curran , provement of the toNtin's infrastructure: pres- Nvi11 be used to evaluaie regional gro~Nih man- Nugget's owner, through which the town
said. She cautioned that Telluride's -deficit en,ation of a sound economic base; and ef- agement and transportation plan alternatives: would decrease its subsidies each year and
spending should not be compared to the Wash- fective and open government. Under a river restoration plan, the toum finally end them.
ington, D. C.. version of deficit spending. The objectives do not include the town's would seek a pernut from the U.S. Army Corps The Nugget would continue to be avail-
The toAvn will not be dipping into debt normal, day-to-day operadons, Curran noted. of Engineers to restore Nvetland and riparian able for CASE-sponsored cultural events.
like the United States has plunged into a Under protection and enhancement of the habitats on the stretch of the San Miguel River Mayor Elaine Fischer, saying she has
national debt. Although the Capital Improve- emironment, the draft of objectives included adjacent to Town Park east of the entrance heard grumblings that the Nugget should not
ment Fund spending would exceed revenues, completion of the Regional Grow1h Manage- bridge as nutigation for the bike path. be in public hands. liked the idea.
the fund would still safehouse a contingency ment Plan, an approsimately one-year pro- The plan anticipated constniction in 1997. Developing a Regional Housing Author-
that equals 15 percent of revenues, or a pro- cess through NNrhich the Town of Telluride Council Member Bryan Miller asked if ity Nvas included under the toivn's affordable-
jected $537,035. and San Miguel Counn' are seeking public funds from the Idarado Mining Co. recla- emploti•ee housing objectives.
"Deficit spending means spending the. input about gro~Nih in the.Telluride Region. mation could be used. The reclamation in- The Telluride Housing Authority already
saving account for what you Nvere planning The RGMP. NNFith a budget not to esceed cludes hwo funds, one of which the state con- works with San Miguel County and the Town
to buy " Curran said, adding that the main $214,000. ultimatel}~ Avill create a document trols. xvluch might be used for such a project. of Mountain Village, so the transition would
problem is with the General Fund. that could amend the Telluride Master Plan Under preservation of the communiq', not be drastic, said Weathedord, who serves
'Curran recommended that some iown and/or the San Miguel County Comprehen- town objectives under the working draft in- on the THA board.
projects be delayed. . . sive Development Plan. cluded a communih' center plan. "It's more of a recognition of what it al-
In light of a possible conflict between the Under open space acquisition .for 1996, The council determined June 30 ihat it ready does." he said.
town's goals and its budget, she said, set- the drafi's objective included working «'ith wants to build a communittil center on the Affordable-employee housing objectives
ting objectives and not being able to meet the Open Space Commission and the San Pearl PropertNI if a Corps permit can be ob- in the draft plan also included an update of
them,would make the town staff look bad. Miguel Conservation Foundation. tained for the wetlands property. the 1993 San Miguel County Housing
- "The staff should not be stretched.too Another objective is to implement a Communih, center objectires for 1996 Needs Assessment.
thin," she said. "Decisions should not be land sNimp with the U.S. Forest Service for would include developing a plan, with a de- Another objective is a housing incentive
inade toa fast. That's not the way to n?n a!ands adjoining the town or within the scription of the project, cost estimate and fi- see TOWN on Poge 164
_ } _ . , ` . _ . - - -
ee
a4
TO~r ~F v~IL
75 South Frontage Road
Vail, Colorado 81657
970 479-2100
FAX-970-479-2157 FOR BMM~~IATE REL~EASE November 3, 1995 ~
Confiact: Suzanne Silverthorn, 479-2115 Community Information
BU8LD9NG PERMBTS ISSUE~ THE TOWN OF VA@L
The following building permits have been issued or applied to the Town of
Vail Community Development Department for the period October 13 to
iVovember 2: Lazier, 531 Lionshead Mall, reroof, $37,495, G& G Roofing.
Town of Vail, 75 South Frontage Road, remodel, $1,000, Town of Vail.
Buffehr Creek Partners, 1726 Buffehr Creek Road, new construction, $454,000,
Zeeb Construction.
Buffehr Creek Partners, 1726 Buffehr Creek Road, new construction, $412,613,
Zeeb Construction.
Waters, 4247 Columbine Drive, addition, $24,000, Holm Construction.
Lazier, 500 West Lionshead Circle, remodel, $7,200, Haselhorst Carpentry & Remodel.
GPH Partners, Ltd., 278 Hanson Ranch Road, tenant finish, $62,500,
Hyder Construction, Inc.
GPH Partners, Ltd., 278 Hanson Ranch Road, elevator, $59,700, Otis Elevator Co.
Alpine Standard, 28 South Frontage Road V1/est, lower antenna, $900, Antennapro, Inc.
GPH Partners, Ltd., 278 Hanson Ranch Road, tenant finish, $44,750, Summit
Habitats, Inc. '
Dressel, 1490 Buffehr Creek Road, addition, $5,800, D.J. Dressel.
(more)
Building Permits/Add 1 Grinberg, 714 West Lionshead Circle, remodel, $7,900, Frank Construction.
Lazier, 555 East Lionshead Circle, accessibility bathroom, $7,750, Klahr Construction.
GPH Partners, Ltd., 278 Hanson Ranch Road, interior tenant finishes, $272,450,
Hyder Construction.
GPH Partners, Ltd., 278 Hanson Ranch Road, remodel, $26,000, Colorado
Ski Service, Inc.
Renner, 901 North Frontage Road, reroof, $13,000, MasRer Sealers, Inc.
HMC Acquisition. Properties, Inc., 715 West Lionshead Circle, interior remodel,
$45,000, D.C.J. Construction.
Castellanos & Maldonado - et al, 380 East Lionshead Circle, interior remodel, $9,300,
Waldron Services. .
Porter, 380 East Lionshead Circle, interior remodel, $5,600, Waldron Services.
Dalton, 3916 Lupine Drive, new construction, $507,000, ;3nbwshoe Development.
Erickson, 610 West Lionshead Circle, interior remodel, $20,568, Alleman Construction.
Sears, 595 Vail Valley Drive, interior remodel, $30,000, VV.R. Wray, Inc.
Williams, 595 Vail Valley Drive, interior remodel, $14,000, Nedbo Construction.
Landmark Commercial Development, 304 Bridge Street, bathrooms remodel; $5,505, .
Zeli Construction anci Maintenance. Houtsma, 1868 West Gore Creek Drive, replace doors arid windows, $4,000, Martin
Construction Services, Inc.
Lipp, 434 Gore Creek Drive, remodel, $200,000, Shaeffer Construction.
Colorado National Bank-Ancillary, 1300 Westhaven Drive, office finish, $2,000, Lowe
Enterprises/Westin Resort.
Duffield, 595 Vail Valley Drive, interior remodel, $30,000,'Sherman Construction.
Lazarus, 1720 Sunburst Drive, unit #2, $33,000, Jeff Lutz Builders.
# # #
I
PUBLIC NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVERI that the Design Review Board of the Town of Vail wiil hold a Special
Meeting on Oc4ober 25, 1995 at 1:00 p.me in the Town of Vail flAunicipal Buiiding, Town
Manager's Conference Room.
Vail Commons - Development Proposaf. (continuation) ,qK
2099 N. Frontage Road VVest/Vail Commons.
Applican$: City Market represented by Victor Nlark Donaldson, Architects
The appfications and information about the proposal are available in the Department of Community Development office during regular office hours for public inspection.
TOVVRI OF VAIL COMMUNITY DEVELOPMEfVT
Sign language.interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356
TDD for information.
RECEI
~ .
. . . : . ~ I) NOE~
. . . 9~
RaklQ./ PrevQnFion ProjQCt
avd~ OQj you ro dtQr,d
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Pa,t dirQ Q PrQVQnhi«,, .~~wor~~r~:
r I6 1995
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Septembsr/Qctober 1995 ' -
4
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^ COLORADO DEPARTMENT OF TRANSPORTATIOIV
U -"S
N
°A BIiWOfVTHLY fVEbVSLETTER HIGHUGHTiNG COLORADO TRAMSPORTATION ISSUES°
;
t
COLORADO9s
Wn gD'd ag'II'alce
. y so Y.mngo
' WEST REST AREA
;
Because of the high costs associated wieh
o(CUERNO VE Y~E building new rest areas, including accessing wa~r and
~ sewer lines and maldng new rest areas vandal-proof,
By Pauline Naber»ran, CDOT Public Information Specialist the Transportation Commission allocates $1 1!2 '
million annually, which renovates only one new rest
F1ash back to southern Colorado in the 1950s. Thc area per year. "Some people argue.thae's eoo much;
new Interstate was bcing constructed ehrough an arid thae our tax dollars should go direcdy onto the roads,
snretch of Colorado prairie. With no water or sewer so we have to strilce a balance," says Fortino.
lines availablc in ehe area, the Colorado Fiighway
Department (now Colorado Departrnent of Transpor- Cuerno Verde is more than just a restroom
tation) placed a 10,000 gallon septic holding drum for stop to the millions of tourists who will pass through
, waste at the ncvv Brantzell IZest Area. For the light cach year. The new rest area features extensive
aaffic flow of thc 1950s, Brantzeell was adequate. landscaping, picnic spots and access to haldng irails.
. But as traffic increased on I-25, thc old rest axea It also serves as a gat;way to the Frontier Pathways
became a source of agitaeion for motorists passing Scenic Byway, which travels west from Colorado
through. Ciry into the Wet Niountain Valley. The $3.5 million
facility will also serve as a park and picnic area for
1Vow flash forward to September 1, 1995. residents of Colorado City and as a gateway to the
After 14 years of fighting for a new rest area for
southern. Colorado - including serving three ...continued ?aexe page
tenns as a State Transportation Commissioner
Tony Fortino joined numerous federal,
state and local dignitaries, as well as the -
Colorado Department of Transportation ~ - _
(CDO'I) and the people of Colorado City, in
~ celebrating the grand opening of the new
~
Cuerno Verde Itest Area ae the interchange of
tI-25 and S.H. 165 in Colorado City.
. .
, - ~
. - - - -
_
A far cry from the Brantzcll Rest Area - _ _ - _
: ~
which it replaced, Cuerno `Ierde features
restrooms with flush eoilets and potable water
r--_
inside a heated 2,350 square foot building
with quarry tile flooring, painted concrete
, k._ z 'masonry and magnifieent viewS Of the With its attractive masonry and brickwork, the Cuerno Verde Rest Area
southern Colorado landseape. provides a peaeeful, seenie place for motorists to stop and rest.
. • '
~
ties to the Greenhorn Valley in southem
Colorldo.
` ` In the works for the new Cuerno Verde Rest
_
Area is a touch screen computer - the first of
its Idnd at a Colorado rest area - ehat will
provide travelers with information about road
and we:ather conditions.
Public-Private Fartnership
Benefits Denver's
- - - I-25 Corridor
Members of the Comanche Indian Tribe performed ceremonial
rites blessing the new Cuerno Verde Rest Area, as pan ojrhe Apprentice Program Provides Experienee
grand opening. Photagraphs by Gregg Gargan, CDOT. for At-risk Youth
nearby scenic and historic byway, The Highway of It's s6Ri worldng, and worldng well.
Legends (between Walsenburg, La Vet3 and On September 23rd the Interscape-Denver public
Trinidad). private partnership finished its fifth landscaPe Pro]ece along
the central Deniter Interstate 25 corridor. Youths froen the
Local citizens helped name the rest area in Denver District Attorney's Juvenile Diversion program worked
honor of the Comanche leader, Cuerno Verde who alongside Randaill & Blake Inc. (RBn landscape contsactor
crews and state employees from the Colorado Departrment of .
was ldlled in a famous conflict with an expedition of Transportatiods Region 6, to plant the final 1,200 day lilies on
Spaniards under New Mexican Governor pon Juan a quarter-acre site near rhe east side, 8th Avenue on-ramp.
Bautista de Anza. Cuerno Verde also is spanish for
Greenhorn, the name of the mountain just west of ~ior to. construction, which began in June, first-time
the site. offenders from Uhe Diversion program completed 60 hoiu~s of
aaining sponsoned by the Colorado State Forest Service Youth
Enwstrnent pro,gram and Interscape-25, Inc. Professionals in
CDOT, in conjunction with Del.euw, Cather _ the "green industry" volunteered their time W teach classes in
and Company and the Colorado Historieal Society, . landscape design, irrigaaon, horticulture and relaiai topics.
developed interpretive markers relating the cultural The Diversion p,rogram also provided job neadiness classes to
prepare young p.uticipants for their interviews with R-BI.
heritage of southern Colorado, including the story of
Cuerno Verde, the impacts of the nearby Santa Fe Five youths were employed by RBI throughout the '
and Taos Trails, and the Civil War in the southwest summer and received additional on-the job training wortdng
The interpretive markers will be inst311ed at Cuemo on the 8th Avenue project. CDOT maintenance crews helped .
Verde in mid=December. t-ain che workers and an additional ten Diversion clients to
plant flowers and shrubs.
At the grand opening ceremonies for the valeriaru, Inc. designed the project which features
Cuerno Verde Rest Area, Wallace Coffey, Chairman sandstone/rhyoliGe walls built by Rock & Company. T7ie
of the Comanche Indian Tribe, presented a certificate landscaPing is highlighted by Ponderosa Pine, Russian
of appreciation to CDOT, praising the Department Hawthorn and Western Hackberry trees. Crews planteci Blue
for aclnowledging the rich history of the tribe and its Mist Spirea shrubs, Double Red Shrub Roses, and more than
2,000 dwarf and ,yellow day lilies that will bloom next spring.,
Page 2
e
?
Downtown Express lLanes. North 1-25 Downtown Express lanes extend down the
center of I-25 from 7Qth Avenue to 20th SVeet.
easing I-25 traffic north - ~ : ~ ~ -
~
o enver Er" Poiffl _70th Ave.
O
Built in the median of north Interstate 25 from wP°'"' -
SSth Ave::_ Fx --58t1?J\ve.
downtown Denver to 70th Avenue, lIIigh Occupancy Vehicle
(HO~ lanes were opened to RTD buses in September 1994
sam-,oam ;
and to c3rPools on October 2 this Year. Reversible lanes serve °NLY I - -
southbound commuters each morning and northbound • ~ ' ~-7°'r~'.w°.
commuters each evening, along with sports fans, hotel shuttles
and a variety of other Interstate users who find the lanes a
quicker way through aaffic. ~ i
'lhe Downtown Ezpress is 6.6 miles of roadway saving A, ~d~Pa
carpoolers about 13 minutes each way under normal tr-ffic
.....1 ~
conditions, and even more time when I-25 is congested by bad
weather of accidents.
Like all HOV, or "diamond" lanes, the Downtown sc Sr:'
Express lanes are restricted w buses, vans and carpools of two ~ eus craffic
or more people. Monday through Friday, traffic flows one-way o"ly
southbound from 5 a.m. to 10 a.m., then northbound from -
noon to 3 p.m. In between, the lanes are closed for traffic
reversal procedures and maintenance. On weekends the lanes
remain open northbound, from noon Friday until3 a.m. carried 1,419 cars and trucks during the morning peak period.
"Fanpools" leaving Denver Broncos or Rockies ~~e this was about six percent of the southbound I-25 hraf£c
Monday.
flow that fi
games or other special events on weekends are finding that the rs;t Monday morning, it was a good indicator that
er a quicker exit northbound 5rom downtown. ~e lanes would operate as expected. By the end of the first
lanes can off
The Downtown Ezpress has a _
wide ShOUlder fOi st311ed Cazs and ~ • ExPRESS ,.,NEs
emergency vehicles. The Colorado ;
Department of Transportation
Courtesy Patrol is also available to '
help disabled cars. Overhead `
electronic message boards inform
commuters about entry and exit ~
points and conditions on the t~~
~
Downtown Ezpress. Red-and-white
striped safety gates keep drivers from
entering the lanes in the wrong
direcrion and 15 video camera5
monitor traffic and road conditions.
It always takes motorists a few
~ e
days or weeks to catch on to new " , _
. ~ '
elements in the traffic mix, but even ~4ff~~ h.. z~~'
on its first day the express lane
Page 4 An RTD bus near Coors Field in DeRVer enters the Downtown Express dane.
Photo by Gregg Gargan, CDOT
; - .
r
0
Lioght bulbs, Paiont9
ChemlocaIls o a o
How to recycle o
} m
b Chemicals, liht bulbs,
8 Paint. Petroleum produc?S
~ ~ ~ca
they all gee used, and often tecome waste producPs thae hade fo
~ • be disposed of propesiy. What to DO wath this waste?
T .
~
:i Jim Undeawood, safety officer for the Colorado -
~ Bepartment of T'ransportation's Regaon 1 based in Auroaa,
5 , recently worked out several arrangements which solve disgasai
problems and save the state and Jefferson County considerabbe
' week, more than 1,700 vehicles were usang ehe lanes in the money.
morning and over 2,000 in the afternoon'rush. F@~~rescent IL.Ilght Bulbs
Bawntown Express Lanes are the latest in an effort to
resolve growing naffic problems on Inteestate 25. A five- CDOT's Eisenhower/Johnson M[emorial Tannel on I-
agency parmership includes CBaT, the Regional ' 70 has long been lrnown for its recycling efforts. Office pages,
Transgartation District, city of Denver, Federal Highway newspagers, steel and other items have been recycled for yeam
Administration, and Federal Transit Adaninistration. A fev Underwood found a way to recycle eight-foot fluorescent light
years ago, these agencies determined eogether that within a sax bulbs, as well. year per;od . . . .
Consnder that the eunnel complex has ahout 8.900
4 Six miles of I-25 would be rebuilt and light bulbs. Each quarter of the year burned out bulbs are
widened. replaced, generating thousands of used bulbs. By the end of a
~ The I-25, I-76, U.S. 36, I-270 interchange Year, the total can reach ten thousand bulbs. Now, just as
would be rebuilt and the missing coradanued on pagt 9
I-76 link completed.
~ A better Mousetrap (Denver's I-25, I-70
s
interchange) would be built with
half-mile-long bridges taking I-70 ~
over I-25. ,
~ About 33 bridges would be replaced
a~
,..,.A
_
including the 20th Smeet viaduct
d~~.
~
built in 1907. The new structure ~ ~
. • .
' ~ ~ C7 f:18 K" ~ ~
- -
' takes carpooUbI1S l8I1CS dff@CUy lIl[O
, f.~:'» F
. J .
a dOWi1tOWi1.
Alwgether, it has been the biggest highway construction
,
- - _ .
effort in the state's history. Trie army of workers included 17 ~
engineering design firms, 12 prime contractors and 230
~
subcontracYOrs. At one goint, there were 18 projects underway bff,simultaneously in the six-mile corridor. .s . _ . . .
Planning includes future expansion of the Downtown
.
.
Express Lanes to 120th Avenue. -
Page S Some household cherrcicals may be used by CDOT maintenance crews.
Photo by Jim Underwood, CDOT
„
~
WASHINGTON UPDATE
by Marge Price - Linton, Mields, Reisler & Cottone, Ltd.
The U.S. Depaitment of Transportation began Fiscal Year 1996 under the limited siz-weelc authoriry of a stopgap
continuing resolution (CR). T'he CR sets the ground rules for funding Transportation and most other federai agencies tbai went into
a new fiscal year wfthout new appropriations enacted by lawmakers. All but two af the annual funding bills were backlogged in
Congress as Fy 1996 began, The general rules: federal progiams will operate at five pencent less than the average of the pending
House and Senate levels.
Despite the failure to meet the fiscal year deadiine for action, Congre,ss took a full week off for Columbus Day. 1hey ~
resumed work October 10. Sall pending were the bill to define the Naaonal Highway System (NHS), U.S. DOT a
the new fiscal year, authorizations for continuing AMTRpg subsidies, and reform or restructuring legislation affecting~Fedeial
Aviation Administration, the Maritime Administraaon and the Interstate Commen;e Commission.
For the federal-aid highway program there are complicating factors. Congress' failure w enact an NHS bill or W extend the
September 30, 1995 deadline (established in the 1991 Intermodal Surface Transporcation Efficiency Act) prevents the Federal
Highway Administration from apportioning any of the FY 1996.funds for Inteirstate maintenance and NHS programs, qnd
the five-year totai program limit of.$98.6 billion mandated by the ISTEA wiil reduce new authoriTations by an estimated 13 percent
or $2.8 billioa. In effect, it will revoke a chunk of each state's backlog_of unobligated apporoionments.
State highway programs technically have access to only 87 percent of theis FY.1996 authorizations for demonstration :
projects, bridges, Surface Transportadon Program, Congesdon Mitigation and Air Quality Improvement Program, and their shares
of the new $2-billion-a-year Reimbuisement Program funds authorized for FY 1996 and 1997. Even when new Interstate
maintenance and NHS apportionments are made, they too are subject to the 13 perc:ent reducrion.
Obligation ceilings in annual funding bii]s supersede the earlier ISTEA ceiling of $18.36 billion (for FY 1996), and the CR
presumably will cut this to five percent below the avecage of the House and Senate obligation levels ($17 billion and $18 billion,
respectively). 'Ihis means 95 percent of $17S billion, or $16.6 billion, would became the new obligational authority states shoald be
able to use to draw doam any remaining unused prior-year apportionments as well as new FY 1996 funding.
At the end of September both the FY 1996 U.S. DOT appropriarions bill amd the NHS bill were in conference committees to
resolve differences between House and Senate versions. Senafor Mark Hatfield (R-Oregon), who chairs both the Senate
Appropriations Commiuee and its Transporcation Subcommittee, softened on including the Senate fall back NHS pravisfon in the .
funding bill, based on a pledge by House Transportation and Infrastrucuire Commitxee chairman Bud Shuster (R-Pennsylvania) to
deliver a separate NHS bill within two weeks. Colorado has a special interest in the House version of the NHS bill: it lists the
Ir?terscate 25 corridor for priority. Representative Jcel Hefley (R-Colorado) worked with states to the south and chauman Shuster to
obtain the corridor listing.
Shuster and other conferees on the NHS bill were not expected to ratify settlements until a meeting October 10 or 11 at the
earliest. Final agreements were still pending on speed limits, future NHS modifications, and the so-cailed restoration of lost
highway authorizations related to the 13 percent limitation.
It is not clear just how much of their federal highway and transit dollars state and local grantees can draw down for either
their new year's funding or from prior-year authorizations. What is theoretically all.owed under the 1991 ISTEA might be blocked
administratively until Congress and the adminisiradon have sorted things ouL
Page 6
Y
~
Q .
d
coraBaasased fPOna page S... "rhis saves Jeffco the cost of incinesation, the cnashed
steel paint cans are recycled and paint is in the hands of
native Americans used 100 gercent of the bison they hunted, a volunteers who will help cover graffiti marking," explains
recycling process uses 100 percent of the light bulbs: glass, Underwood. "lbe county has helped collect a waste praduc8,
phosphorus, aluminum from end caps, mercury, even the and now blends the paint to serve the communiry when
cardbaard from tiaxes used to ship the bulbs. recycled."
Late in September a shipment of about 2,5Qa bulbs Househ0ld CherriiCaRs was arrar?ged for recycling. The bulbs were expected to yield .
almut 1/2 pound of inercury, alone. The Jefferson county facility accepes all mannex of
household hazardous materials from county residenLS incfluding
PaeHUt ffu'om Jefffe¢'So¢n County gesticides, herbicides, and fertilizers. CDOT in its daily
ogerations uses 55-gallon drums of oil and chemicals. A
Wortdng with the Jefferson County Household process was set up whereby CDOT gives empty drums to the
Hazardous Chemical Facil'aty, Underwoud found out that the county, which otherwise would have to buy barrels, ancl the
county had 1,000 gallons of latex paint which had been turned county gives CDOT selected chemicals which the state ageaucy
in by homeowners for dispasal. But the cans were saved from would have to buy for weed control and landscaping.
the incinerator: instead, paint was blended in various shades of Said Underwaad, "It's just gratifying to see how sorre .
tan, brown, green and othes colors, to be distributed by CBOT added cooperation is paying off for both of our agencies and for
free to volunteers around the Benver area who paint over the taxpayers "
graffiti spray-painted on public structures.
~~~or~~~ ~irports frone end loaders, mowers, sweepers and other items still
usable in a runway situation.
Bene" "t i'rom" CDOT9 s CDOT typically pushes a snowplow truck to its lamie
of "ogen road" usefulness, for example. The truck hauls
~~rv%lus Equipment materials year-round and pushes snow in cold weather. It is
driven most of an eight or twelve hour shift each day, along
hundreds of miles of Interstate and state highways. BVhen at
Colorado airgarts are getting first-bid chances on gets almut 170,000 miles on its odometer or gets toa ezgensive
surplus Colorado Department of Transportation equipment in to repair, a fonnula helps decide whether it is declared surplns.
an ongoing process which quarterly provides pickup trucks,
An airport ogerator can take this same
vehicle, however, and after repairing or overhauling
ehe truck can use it well in a part-time role along
runways and taxiways.
For years, airport operators bought surplus
CDOT trucks fi-om private brokers who bought
equipment at auction then sold it to airport.s af4er
inflating prices. 1Vow, state grants finm aviation fuel
taz revenues can hel
P airport ogerators stnetch theis
funds a lot farther: airports get fimt choice of
available state equipment
e:.
_ CDOT's Division of Aeronautics staffers
. keep an eye out for equipment soon to become
surplus, and the~ know which types of equipmenf
Trucks no longer dependable for heavy highway use certain airports are looldng for. State employees
may still serve well at Colorcado airports. page 7. continued on bacAc pQg¢.
,
?
t
:
"kick the tires and see if it fires," acxording to grants equipment and which ones will wait for future availability,
adminisirator Caroline Scott, and develop schedules for getting Once a specific date for an inspecdon and sale have been set,
equipment into the hands of anpores, "Tbe Colorado airport managers can azrive at a highaay equipment yard ready
Aeronautical Board is spending far less on capital equipmene to buy. They can be issued a title and temporary plate on the
grants than we ased to," said Aeronantics Division director spoL
Dennis Roberts. "and airports are ecstatic about getting still- C:DOT has for years given other state agencies fust
usable equipment at prices far lower than they used to pay , chance at surplus items. According to Jennie Readey, manager
individuals." In a recent example, Glenwood Springs of CDOT's C;enter for Procurement and Contract Services,
Municipal Airport bought a 1991 Ford Bronco for $4400. The 'Taxpayers should be pleased at this arrangemenL Trucks,
vehicle had outlasted its usefulriess for work on the open road, mowers, loaclers and other, items we can no longer depend on
but serves airport needs well. for heavy rotand-the-cIock highway waaic still have lots of
usable miles in them to serve anports," .
_ During a late Jaly equipment sale ai CDOT's Greeley
yard., Buena Vista Municipal Airport bought two 1991
Chevrolet ~h-ton pickup trucks and a 1987 Ford 3~i-ton dump
. _ _
•.~:w:
truck. Greeley-Weld County Auport bought 1988 and 1990
~-ESTOIVES EDITOR:
Chevrolet ~fz-ton pickup tirucks, along with a 1974 Toro mower. M.I
Carl Sorrentino
Fagle County Regional Airport purchased a 1974 Case loader.
z
Comments? Ques~tions?
If more than one aitport requests a certain piece of `
available sucplus,equipment, staff inembers use an informal Do you have an idea for
"names in a hat" lottery to decide which airport gets the an article? (303) 757r9361.
~ _
. ~
The conbents of ttus newsletter are not copyrighted and may be used freely. Where appropriate, please credit CDOT.
COLORADO DEPARTMIIW OF TRANSPORTATION '
~ BULK RATE
MILESTONES
U.S. POSTAGE
4201 EAST ARKAIVSAS AVENUE DENVER, COLORADO 80222 pAID
(303) 757-9228
PIItMIT NO. 738
Denver, CO
IN THIS ISSUE:
W New rest area .
ib Denvers I-25 ' .
landscapin9 ~ - •
REC 9„ : ' 2 1995
`J^'~
Fb I-25 Express Lanes
W CDOTrecycling Ci'MaYGr af Vai l
75 S. FrontagE Itd, WES{, Rb Washington Update Va i l' C Q 81657
P,- Airports get C60'i'
surplus
RECEIV«; ~°i
,
C_~OILORfiDO PIVFR \%\`.^\TE F
C 0 rJSEPVaiI0N DISTRIC?
lif[EA/tORARTDUM
RTovember 3, 1995
y
TO: Eagle River Assembly
FROM: Chris Treese--,,/ ,
SUBJEcCTe TEcCHNIcC'AIL cCOMMo P1tOGRESS
NEXT MIEETgNGa DEcCEMBER Il49 Il995
'I'he next meeting of the Eagle River Assembly will be December 14, 1995 from
9:00 am to noon at the Christie Lodge in Avon. Enclosed is a draft agenda. If you
have any additions, please let me know. We will not have any food, either before or
after tlie meeting. This has become an unnecessary expense for participants. If anyone
feels differently, please contact me. -
'The technical committee met in Vail on October 27. They explored the .
possibility of a conjunctive use (joitltly using a surface didersion and small surface
storage with large groundwater storage) system in the Camp Hale area. Kerry Surideen
and Mark Palumbo, with HRS Consultants, are working on a very preliminary
feasibility analysis of this concept. The goal is to minimize the size of any surface
storage required and to maximize the potential for coordinated use with Homestake and
Eagle Parlc Reservoir to serve both in-basin and out=of-basin long term water interests.
Historical drilling and seismic data from previous water filings indicate the alluvium in
the Camp Hale area ranges from 120 to 600 feet above bedrock.
Everyone should understand this is a very preliminary feasibility investigation
which will undoubtedly result in additional questions. However, it gneets the goals of
the Assembly, nam'ely to identify the altematives to long terrnl water supply issues in
the Eagle Basin and to develop comparable data related to those alternatives.
JJ! _ C.,=„ E! ~iJi~,L S f^1~" 1
;i- COL_?RArJOQ1EU2
DRAFT
AGENDA
December 14, 1995
Eagle River Assembl~r
Chrisrie Lodge, Avon
9:00 am Introductions
Vail Valley Consolidated Water Distric-ts &
Upper Eagle Regional Water Authority Consolidation
Eagle Park Reservoir Update
Wolford Mountain Reservoir - Water Marketing Update
Conjunctive Use - Camp Hale Groundvwater Alternatives
1996 Work Plan
Direction to Technical Committee
Next Meeting '
-12:00 Adjourn
a
~ ~IV `i '
~of
Ofiice of the Board of Commissioners Ea,le C.ounty ?iuildini
(970) 328-8605 I'.O. I;os 8 5 O .
Fax: (970) 328-7207 ' 50i1 13roadway
1 DD: (970) 328-8797 ' . T-a"lc, Colondo 8 163 1-08 50
{`•:;r., .r': I rt, .
`~~GL~ ~OUNTY, COLORADO
October 30, 1995
The Honorable Peggy Osterfoss
Mayor of the Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
Dear Ms. Osterfoss: The Colorado Department of Transportation has identified thirteen
transportation corridors as part of the development of the
Statewide Transportation Plan for implementation of intercity
passenger rail service (information enclosed). The I-70 corridor
from Denver to Vail as well as the corridor connecting
Aspen,Glenwood Springs, Avon/Vail and Leadville are corridors to be
studied.
The Colorado Department of Transportatiori is currently receiving
proposals and expects to award a contract in December 1995. They
have asked each county in designated corridors to take the lead in
contacting local government agencies so as to obtain $7,500
financial support from each county. The State will fund one-half
the total estimated cost of $250,000.
The Eagle County Board of Commissioners is in agreement that this
is a significant step towards future regional transportation
planning. It is our hope that you will consider a financial
contribution for this very important project.
Please submit your written response to this.office at the above-
referenced address. .
l
The Honorable Peggy Osterfoss
Mayor of the Town of Vail
Page two
October 30, 1995
All contributions will be process through Dave Ruble, Intermodal
Branch Manager, Colorado Department of Tran.sportation at (303) 757-
9818 or 4201 East Arkansas Avenue, Denver, Colorado 80222.
Thank you for your consideration..
Sincerely,
EAG UNT C O _
es E. son, , Chairman
jr
. Enclosure
cc: Bob McLaurin, Town Manager
Dave L. Ruble, Intermodal Branch Manziger, CDOT
George Roussos, County Engineer
a . ) .
i
COLORL'11DO DEPARTMENT OF T1LA1`7SPORTL~TIO1V
REQiLJ 1P.ST FOR PRO1I" OSAL
DATE October 2, 1995, IVo. 6/96/DM
Return Proposals to: . .
Colorado Department of Transportation
Purchasing Office, ihlest Annex Administrative Program Specialist
4201 E. Arkansas Ave. Don lrilitchell •
Denver, Colorado 80222 Phone IVo. (303) 757-9781
FAX 1Vo. (303) 757-9669 Pronosals MUST be received in the Purcha inQ Office 1Vo Later Than 2600 n m 1Vovember 1
1995
M'Il'IERCg'ICY PA EN ER/ OM 1'I['E12 RAYg. FEASIBII.g7C~' TDY Proposals are
requested to study the feasibility of intercity passenger/commuter rail in thirteen (13) corridors.
Prospective proposers may request additional infotmation or clarification by October 16, 1995.
INDEMNIFICATIOIV: CONTRACTOR by submitting this proposal promises to indemnify, save
and hold harmless and defend the State, and all its employees and agents, acting officially or
otherwise, from any and all liability, claims, demands, actions, debts, and attorney fees arising out
of, claimed on account of, or in any manner predicted upon loss or damage to the property of and
injuries to, or death of, all persons whatsoever, which may occur, or is sustained in connection
with the performance of work as a result of award of this proposal, or be conditions created
thereby, or based up any violation of any statute, ordinance, or regulation, and the defense of any
such claims or actions.
]Farave cost proposafl iFoe- 9'an9ll study ~
AT"T~CHMEN']CS: '
Request for Proposal 20 pages
Attachment A-Consultant Certification 1 page
Attachment B-Special Provisions 4 pages
Del'every dDate Pu-oposa? resan9gs wi9? not be gnve¢n by ptnouae
lPaymeng ']Cerrns Signature
Vendor Name Naane (Praunt)
Vendor Address Togye Date
Cety, S$a$e, ZBp
Vendor Phone IFA% ]F.]E.LN./SSN
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R4:R.AILRPF.WPD
s
~
R.EQUEST FOR PROPOS..LS
TBE COLORADO DEPARTMEN'I' OF TI.ZANSPORTATION
SECTION 1.0
E1DMMSTRATIVE INFORIV[ATION
1.1 ISSUIlVG OFFICE:
This request for proposal is issued for the State of Colorado by the
Department of Transportation, Contract Services Branch. All contact
regardi.ng this RFP is to be directed to:
Mr. Don Mitchell -
4201 E. Arkansas Ave.
Room A-140
Denver, Colorado 80222
(303) 757-9781
1.2 The purpose of this Request for Proposal (RFP) is to obtain comperitive bid
proposals from qualified individuals and firms vnterested in providing a study
of "INTERCITY PASSENGER/COMMUTER RAIL FEASIBILITY
STUDY."
This RFP provides prospective proposers with sufficient informarion to
enable them to prepare and submit proposals for consideration by CDOT to
satisfy the needs as outlined in the Scope of Work.
" 1.3 SCHEDULE OF ACTIVITIES:
. 1: RFP mailed to prospective proposers 10/02/95 N/A
2. Prospective Proposer's written inquiries 10/16/95 5:00 p.m.
deadline (no questions accepted after this da.te)
3. Response to proposer questions 10/23/95
4. Proposal submission deadline 11/01/95 2:00 P.M.
5. Top consultants selected and notified 11/08/95
of interview (estimated)
6. Oral presentations from short list of 11/15/95
consultants (estimated, if required)
7. Consultant selection (estimated) 11/21/95 N/A
8. Desired date to execute contract (estimated) 12/15/95 N/A
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1.4 PROPOSAL. SLTBMISSIOIV:
All proposals must be received by the Contract Services Brarich, Colorado
Deparnnent of Transportation, 4201 E. Arkansas Ave., Roorn A-140, Denver,
Colorado 80222 no later than the date and time shown in the Schedule of
Activities, Proposer's Submission Deadline. Each proposal shall consist of
. one original (identified as such) and 7 copies of the consultant's complete
proposal. It is the responsibility of the proposer to ensure that their proposal is received in the Contract Services Office, prior to the deadline. Consultants
mailing proposals should allow ample mail delivery tiriie to ensure timely
receipt of their proposals. 1'roposals received after the deadline.
1'roposals must be clearly identified as a proposal for CDOT "RFP #1-
96/DNV and sha11 show such information on the outside of the proposal
packet. Proposals will not be accepted by facsiinile transffiittal.
Proposers are advised that CDOT desires that proposals prepared in response
to this RFP be submitted on recycled paper, and that all copies be printed on
both sides of paper. VVhile the appearance of proposals is imporYant, and
professionalism in proposal presentation should not be neglected, the use of
nonrecyclable or nonrecycled glossy materials is discouraged. In addition, it
is requested that proposals be in flat bound forin to facilitate .filing. Please do
not submit proposals in loose leaf binders.
1.5 IIVQUIIZIES:
- Prospective Proposers may make written inquiries concerning this RFP to
. obtain clarification of requirements. IVo inquiries will be accepted after the
time and da.te specified in the Schedule of Activiries, Prospective proposer's
inquiry deadline. Questions must be submitted in writing on the proposer's
letterhead to:
liRr. Don Mtchell Colorado Department of Transportation
4201 E. Arkansas Ave., Room A-140
Denver, Colorado 80222.
All envelopes containing questions must be clearly marked "Inquiry to RFP
#61961DllX" to facilitate handling and distribution. Inquiries sent by FAX will
be acce~pted (FAX number 303-757-9669). An addendum will be mailed to
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Page 2 of 20
~n
all individuals or firms who received the original RFP and will respond to all
the questions submitted regarding this RFP.
1.6 AMENDMENTS TO RFP:
In the event it should be necessary to revise any part of this RFP, addenda
will be provided to all proposers who received the original RFP. If you
received this RFP by means other than direct m.ail from CDOT, you must
furnish your fum's name, address and telephone number to the CDOT
Administrative Program Specialist identified above in order to receive any
addenda to this RFP.
1.7 RESPONSE MATERIAL pWNERSHIP: All proposals become the property of the State of Colorado upon receipt and
will only be returned to the proposer at the State's option. Selection or
rejection of the proposal will not affect this rigYit. The State shall have the
; right to use all ideas or adaprions of the ideas contained in any proposal
received in response to this RFP, subject to limitations outlined in the section
entitled Proprietary Information. Disqualification of a proposal does not
eliminate this right.
1.8 PROPRIETARY INFORMATION:
All material submitted in response to this RFP wi11 become public record and
will.be subject to inspection after an intent to avvard notice is issued. ,Any
material requested to be treated as proprietaryor confidential must be clearly
identified and easily separated from the rest of the proposal. Such request
must include justification for the request. The request will be reviewed and
. either approved or deniecl by the CDOT Purchasing Director. If denied, the
proposer will have the opporturuty to withdraw its entire proposal, or to
remove the proprietary restrictions. Neither cost or pricing infonnation nor a
total proposal will be considered proprietary.
1.9 REJECTION OF PROPOSALS:
The State of Colorado reserves the right to reject any or all proposals
received in response to this RFP, or to cancel tlhis RFP if it is in the best
interest of the State of Colorado to do so. Faihue to furnish all information or
to follow the proposal format requested in this RFP may disqualify the
proposal. Any exception to the Scope of Work: must be identified in the
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. ~t - .
proposal. 1.10 INCURRIlVG COS'I'S:
CDOT shall not be obligated or liable for any cost incurred by proposers
prior to issuance of a contract. All costs to prepare and subinit a response to
, Yhis solicitation shall be borne by the proposer.
1.11 EVAI,UATION CRIZ ERIA:
1. An evaluation will be made by an evaluafion committee to judge the ynerit
of proposals received in accordance with the evaluation eriteria defined
herein. The recommendations of this group will be forwarded to CDOT
management for approval:
2. Failure of the proposer to provide in his/her proposal any information
requested in this RFP may, result in disquali£cafion of the proposal and
shall be the responsibility of the proposing i.ndividual or firm:
3. During the evaluation process, discussions may be conducted with offerors
who submit proposals deterniined to be reasonably susceptible of being
selected for award, but proposals may be accepted without such
discussions.
4. The sole objective of the evaluation committee will be to recommend the
proposer whose proposal is most responsive to the State's needs while
within the available resources. The specifications vvithin this RFP
represent the minimum performance necessary for response.
5. Specific criteria for evaluation are outlined in section 4.0 entitled
Evaluation Criteria.
1.12 ACCEPTANCE OF PROPOSAI, COIVTENT: The contents of the proposal of the successful bidder will becolne contractuai
obligations if acquisition action ensues. Failure of the successful proposer to
accept these obligations in a contract may result in cancellation of the award
and such vendor may be removed from future solicitations.
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1.13 CONSULTANT CERTIFICATION:
Proposers must submit a signed Consultant Certification Fonn, CDOT Form
#637, with their proposal (Attachment A).
1.14 PROVISION FOR REQLTIRED INSUR.ANCE;:
Award of a contract will be contingent upon the
successful proposer
submitti.ng documentation of the following mi.niimum amounts of insurance:
(1) Worker's Compensation and Employer Liability in statutory limits.
(2) Comprehensive or Commercial Generai Liability, and Automobile
Liability Policy for amounts not less than:
Bodily InjM
$600,000 each occurrence
or $600,000 combineci
single limit
ProneM Damage
$600,000 each occurrence
(3) Architect's and/or Engineers' Professional ]Liability Policy for amounts
not less fhan $250,000 in the aggregate.
(4) Unemployment insurance in Statutory limits,.
Said insurance shall be maintained in full force and effect during the term of
the contract and for 2 calendar years thereafter„ and shall protect the
consultant, its employees, agents and representatives from clauns for damages
for personal injury and wrongful death and for idamages to property arising
from the negligent or wrongful acts or omissior.is of the consultant, its
employees, subconsultants, agents or represent,atives, in the performance of
the work covered herein.
Furthermore, the consultant shall cany valuable papers insurance in an
amount sufficient to assure the restoration of arly plans, drawings, field nates
or other similar data related to the work covered by this contract, in the event
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Page 5 of 20
of their loss or destruction until such time as the firial submission by the
consultant has been znade and accepted by the state.
Certificates showing the consultant is carrying the above described insurance
shall be attached to and made a part of the contract. Said certificates shall
name the SYate as an additional insured on General and Automobile Liability
polieies.
1.15 CONFI.ICT OF IIVTEREST:
By submission of a proposal, proposer agrees that, at the time of contiracting;
the contractor has no interest and shall not acquire any interest, direct or
indirect, that would conflict in any mauner or degree with the performance of
the contractor's services. The contractor shall further covenant that, in the
perfonnance of the contract, the contractor shall not employ any person
having any such known interest. •
1.16 INVITATIOIV FOR BID:
The Request for Proposal Form, which is the cover page for this RFP, must
be signed, in ink, by a person authorized to bind the proposer, and returned
with the proposal.
1.17 BUDGETED FUNDS:
The funds available for this project are $275,000 with one-half of the funds
coming from CDOT and the other half will come from non-state sources. T'he
contract cannot be signed until all funds are secured by CDOT.
1.18 INTENT TO AWARD: .
After a proposer is selected, an Intent to Award letter will be mailed to all
firms who submitted a proposal. After an intent to award has been issued,
interested parties may review the proposals by making an appointirient with
1VTr. Don R/Iitchell at (303) 757-9781. In accordance with the Colorado
Procurement Rules, parties have a right to file a protest regarding this RFp.
Protests must be in written form and must be received by the Transportation
Purchasing Director within seven working days of the time the protesting
party knows, or should have lrnown, of the facts giving rise to the protest.
Protests received after the seven-working day period shall not be considered.
The written protest shall include, as a minimum, the following:
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(i) . The name and address of the protestor;
(ii) Appropriate identification of the procurement by bid, RFP or award
number;
(iii) A statement of the reasons for the protest; and,
(iv) Any available exhibits, evidence or documents substantiating the
protest.
1.19 VENDOR SELECTION:
It is the intent of CDOT to select a vendor withiri 30 days of the deadline for
receipt of proposals. However, bid proposals must be firm and valid for
award for at least 120 days'after the deadline for receipt of proposals.
1.20 NEWS RELEASE: News release pertai.ning to this RFP shall NOT be made prior to execution of
a contract, and then are to be made only with ttie approval of the Colorado
Department of Transportation.
1.21 NON-COLLUSION:
The proposer afffims, by signing the Invitation for Bid document, that the
- proposed price has been arrived at independently without any collusion,
consultation or communication as to any other proposer or with any
competitor; that the said proposal price was no1: disclosed by the proposer and
was not knowingly d.iscussed prior to the subrnission directly to any other
proposer or to any competitor and no attempt mfas made by the proposer to
induce any other person, partnership or corpora.tion to submit a proposal for
restricting competition.
1.22 TAXES: The State. of Colorado, as purchaser, is exempt from a11 Federal taxes under
Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and
from all State and Local Government Use Taxes (Ref. Colorado Revised
Statute Chapter 39-26.114[a]. Seller is hereby notified that when materials
are purchased in certain political subdivisions dle seller may be required to
pay sales tax even though the ultimate product or service is provided to the
State of Colorado. This sales tax will not be re:imbursed by the State.
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SECTIOIV 2.0
TERMS OF CONTRACT:
2.1 LEIVGTH OF COIVIIZACT:
The term of the contract will be in two parts. The Contractor will be
authorized to complete Phase 1 of the Study. T'he conclusions from Phase 1
will be presented to the Transportation Commission for their approval before
auYhorization is given to the Contractor to proceed with Phase 2. At the
discretion of CDOT, the Contractor may be retained to complete the work
identified for Phases 3 and 4. This decision will be based on the adequacy of
the work performed in Phases 1 and 2, experience vvith doing similar work
needed to complete work in Phases 3 and 4, and estimated cost to complete
Yhe work.
2.2 COIVTRACT:
The successful proposer will be required to enter into a formal contract with
CDOT. The contract will incorporate this RFP, published addenda and the
response of the successful proposer. Any contract resulting from this RFP
may not be modified, amended, extended or augmented except by a
contractual change executed by the parties hereto, and any breach or default by a party shall not be waived or released other than i.n writing signed by the.
oYher party.
2.3 STATE OWNERSHIl' OF COIVTRACT PRODUCTS:
All products produced in response to the contract resulting from this RFP will
be the sole property of the State of Colorado.
2.4 CONTRACT TYPE: Subject to the terms of a full contract executed by the successful proposer and
the State of Colorado, the State of Colorado shall fully compensate the
contractor for work performed or services rendered necessary to complete
work.
2.5 EXCLUSIOIV:
CDOT reserves the right to exclude aspects of the proposal which it
determines to be unnecessary or which aspects CDOT decides to perform
itself or let out by separate contract.
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2.6 ASSIGNMENT: Except for assignment of antitrust claims, neittier party to any resulting
contract may assign any portion of the agreemE;nt without the prior written
consent of the other pariy.
2.7 GOVERIVING LAW: .
This RFP and any contract awarded hereunder will be governed. by the lawvs
of, and adjudicated in, the State of Colorado. 'The vendor agrees to comply
with all applicable Federal, State and local laws, rules and regulations in its
perfoimance hereunder. 2.8 PRIME CONTRACTOR RESPONSIBILITIES: .
The proposer will assume all responsibility for the performance of.all required
services, whether or not subcontractors are involved. CDOT will consider
the proposer to be the sole point of contact with regard to all matters- and will
not mai.ntain contact with any. subcontractor. 77he proposer shall specify for
the Department the subcontractors they intend to use and what their functions
will be. The proposer must furnish the name and titles of key personnel to be
assigned by the proposer. The prime contractcir must agree to perfonn at least 55 percent of the work described in the contract agreement. Personnel
may not be removed or replaced without notifiration and approval of the
Department. The Department will retain the ri;ght to inspect any phase of the.
proposer's efforts in fulfillment of the contract either on a continuing or a
spot-check basis, including visits to the proposer's premises.
2.9 IIvDEPENDENT CONTRACTOR:
. The contractor shall perfonn its duties hereunder as an independent contractor
and not as an employee. Neither the contractoir nor any agent or employee of
the contractor shall be or shali be deemed to be; an agent or employee of tllhe
State. Contractor shall pay when due all requu•ed employment taxes and
income tax withholding, shall provide and keer? in force worker's
compensation (and show proof of such) insurance and unemployment
insurance in the amounts required by law, and shall be solely responsible .for
the acts of contractor and its employees and agents.
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2.10 TERMIIVATIOIV BY COURT ORDER: WHEREAS, all State personal services contracts are subject to immediate
termination as a result of coua-t orders in Yhe cases of Colorado Association of
Public Employees ("CAPE") v. Departnent of Personnel, CAPE v.
Departinent of Highways, and CAPE v. Regents of the University of
Colorado:
AIVY PROVISION OF THIS CONTRACT TO T'BE CONTRARY
IVOTVJITFiSTANDIIVG, IN TBE EVEN'T T'ERMIlVATIOIV OF THIS
CONTRACT BEC011IES IVECESSARY, IN TT-iE STATE'S SOLE .
DISCRETIOIV, TO CONPLY VVITH ANY COURT ORDER
COIVCERNIIVG STATE PERSOIVAL SERtTICES CONTRACTS
GENER.ALLY OR THIS CORTTRACT, SPECIFICAALI,Y, TIRS
COIVTRACT 1VIAY BE TERNIIVATED BY TBE S'TATE M\4EDIATEI,Y
UPOIV GIVIlVG OF IVOTICE TO CONTRACTOR WITHOUT FURT'IHER
OBLIGATIOTV OF TBE STATE.
2.11 CAIVCELLATIOIV:
The State reserves the right to cancel and ternai.nate the contract upon thirty
.
days written notice to the successful proposer, in which event the State's
liability shall be limited to,payment for work satisfactorily completed prior to
the date of cancellation.
2.12 AVAILABILTI'Y OF FU1VD S :
Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. In the event funds are not appropriated, any
resulting contract will become nuli and void, without penalty to the State of
Colorado. _
2.13 SPECIAL PROiIISIOIVS: Any contract that ensues from this RFP is subject to the special provisions as
listed in the attached Special Provisions Form and IVondiscrimination
Provisions (Attachment B). ,
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Page 10 of 20
SECTION 3.0
INFORMATION REQUIRED FROM PROPOSERS
. 3.1 APPROACH OF PROJECT:
Submitted proposals must detail the proposer's understanding of and
approach to the project. Address how each element of the Scope of Work in
Section 5.0 will be accomplished. Ideritify any work performed by
subcontractors..
3.2 CONFLICT 1DENTIFICATION:
Identify all current and former contract activity with any existing state agency
, or transportation authority related to this study. Indicate when involvement
- occurred and length of activity, type of activity with such transportation _
authority, and indicate extent of involvement w:ith such entities.
3.3 WORK EXPERIENCE:
List all rele'vant work experience and qualificatiions related to the proposed
studies. Identify previous or on-going studies tlhat your firni is involved with
that are related to this study. Identify all inclividuals to be assigned to this
project. Provide resumes on each individual listing qualifications and relevant
expertise and work experience related to the shidy. This information will be
provided for all subcontractors.
3.4 COST/STAFFING PROPOSAL:
Provide a cost estimate for all elements of the s-tudy, including a fum fixed
price for each task in the Scope of Work in Section 5.0 and staffing. Staffing
information shall be provided in person-.days for each person assigned to the
project. These estimates shall support all costs as specified in the proposal.
Prices proposed must be fiim. No "best and finial offer" will be requested or
considered fox proposal evaluation.
3.5 SCHEDULE OF SERVICE:
All proposals shall include a schedule as to the time frame for conducting 1he
project. This schedule shall consist of a Gant c:hart listing the tasks and their
scheduled completion as may be appropriate to the scope of work.
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' Page 11 of 20
3.6 MBE/WBE/DBE PARTICIPATIOIV: Identify IVIBEJVJBE/DBE involvement by percentage of costs.
REQUEST FOR PROPOSAL FORM COIVSULTANT CERTIFICATIOIV
FIRIVI FDCED PRICE (LLTNT SUM) $IID .
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Page 12 of 20
:
SECTION 4.0
EVALUATION CRITER:IA -
4.1 AWARD OF BID:
This section will outline the evaluation criteria to be used by the evaluation
committee in the selection of the submitted proposals. After evaluation of'the
written proposals, CDOT may request oral presentations from approximately three to five of the top-ranked proposals to a p<inel of judges. The highest:
ranked proposals will be given fair and equal treatment in the second phase of
the evaluation. After the presentations, the proposals will be ranked based on
the same evaluation criteria and the top-ranked proposal shall be
recommended by the evaluation committee to begin contract negotiations.
The contract will be awarded to that bidder whose proposal, conforming to
the RFP, will be the most advantageous to the State of Colorado, price and
other factors considered. ,
4.2 EVALUATION CRITERIA:
The evaluation group will evaluate all submitted proposals based on the
following criteria: .
a. Approach
. The proposal should reflect the proposer's understanding of intercity
passenger/commuter rail transportation issues at the corridor and systems
level. The proposal will be judged on the logic, clarity and thoroughness as it
relates to the objectives in the Scope of Work in Section 5.0.
b. Experience .
Experience aiid educational background of the proposer and any
subcoritractors will be considered. Experience will be best demonstrated by
documentation of previously-completed projecl:s-especially those similar to
this study. Education, both fonnal (i.e. University) and informal
(demonstrated through published papers in the subject area, etc.) will be
evaluated.
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c. Schedule
The proposal will be evaluated for consistency between the relative
importance of the proposed tasks and the time and funds dedicated to each
task. Schedules rriust show that the work will be completed iri the contract
time.
d. Cost/Staifng The proposal will be evaluated on total bid price of the submittal.
e. Presentation
The effectiveness and quality of tlie presentation will be evaluated as part of
the oral presentation only. The project manager for the study must conduct
the oral presentation.
f. MBE/WBE/DBE Participation
Participation by NBE, WBE, and DBE will be considered.
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SECTION 5.0 SCOPE OF WORK
5.1 BACKGROUND: The development of Colorado's 20-Year Statevvide Multi-Modal
Transportation Plan was based on 15 regional b-ansportation plans. Sever'-d
of these regional transportation plans identified potential intercity
passenger/commuter rail service in selected cor.ridors: The identification af
these corridors was based on a local perception that passenger/commuter rail
service could be successful. Very little quantitzitive informarion was available
during the development of the regional transportation plans. The inclusion of
an intercity passenger/commuter rail corridor represented a desire and not a
documented need in most comdors. Some of comdors have had passenger
rail feasibility studies completed or in process, iincluding Aspen to Glenwood
Springs, Denver Union Ternunal to Denver Inte:rnational Airport, and Craig to
Steamboat Springs. . 5.2 MAJOR ISSLTES TO BE ADDRESSED:
The Study will be expected investigate the following issues:
1. Docwnent existing railroad infrastructure and the upgrades needed to
support intercity passenger/commuter rai:l service;
2. Assess current economic, environmental and other conditions as well
as future forecasts that exist in Colorado that would affect passenger
rail feasibility;
3. Evaluate the cost effectiveness of each corridor using nationally
recognized techniques;
4. Prioritize each corridor using evaluation c,riteria to be developed in
conjunction with the Steering Committee;
5. Identify levels of setvice needed to ensure ridership levels sufficient to
support individual intercity passenger/commuter rail service in each
corridor;
6. Forecast potential ridership levels for eanc comdor;
7. Evaluate the potential for staged impleme;ntation of each corridor by
, assessing the ridership levels and econonuc benefits;
8. Assess the potential economic, social, environmental impacts/benefits
in each comdor
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9. Determine the capital and annual operating costs for each corridor as
well as an interconnected system of corridors;
10. Identify a staged implementation plan for intercity passenger/commuter
rail service in the high priority comdors; and,
11.. VVhat actions could be taken for those intercity passenger/commuter
rail corridors not considered feasible.
5.3 STUDX COOIZDIIVATIOIV: The Study will be managed by the Colorado Department of T'ransportation's
Intermodal Branch wiYh a Steering Committee providing overall direction to
the Consultant. The Steering Committee vvill be appointed by CDOT and
be made up of representatives from the inajor railroads, local godernments,
regional governments, the Colorado Department of Transportation
(Engineering Regions and Division of Transportation Development), other
state agencies, the.business community, one representative from each
, corridor, two representatives from the Colorado Rail Advisory Committee,
and interested citizens. The total number of committee members will not
exceed 30 members. .
In addition, the Colorado Rail Advisory Comnuttee (CoRAC) Subcommittee on Passenger Rail Service will serve in an advisory capaciYy
. to the Steering Committee. In this capacity, the CoR.AC Subcommittee on
Passenger Rail Service will provide input at critical points in the study.
5.4 STUDY ELEMENTS:
This study is made up of two major.phases. The first phase involves the
identification of specific alignment(s) in each corridor and the evaluation of
each alignment against a specific set of criteria. Out of Yhe evaluation
process, a list of high priority corridors will be developed. T'he corridors to
be evaluated in Phase 1 are as follows:
1. Fort Collins/Greeley to Denver Union TerminaUDenver Intemational
Airport (using the existing Union Pacific rail line).
2. Fort Collins/Loveland/Longmont/Bouldex to Dender Union
TernvnaUDenver International Airport (using the existing Burlington
IVorthem rail line)
3. Pueblo to Colorado Springs
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Page 16 of 20
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4. Colorado Springs to Denver Union TertrunaUDenver International
Airport (using the existing Southern Pacific rail line)
5. Colorado Spri.ngs to Denver Union TerrrdnaUDenver International
Airport (followi.ng I-25 from Castle Roclc to Broadway and I-25)
6. Craig to Steamboat Springs/Oak Creek (using the existing Southern.
Pacific rail line)
7. Steamboat Springs to Winter Park (using; the existirig Southern Facific
rail line) .
8. Leadville to Vail to Glenwood Springs to Aspen (using the existing
Southem Pacific rail line)
9. Steamboat Springs to VaiUAspen (using the existing Southern Pacific
rail line)
10. Colorado Springs to Cripple Creek
11. Golden to Black Hawk/Central City
12. Denver to Vail along the I-70 west comcior
13. Cheyenne to Fort Collins The proposer will be expected to identify in tlieir proposal the following
. information to be used in the study:
- Type of data
- Method for collecting the needed data
- Analytical tools andlor techniques - Study approach The high priority comdors identified at the en.d of Phase 1 would be
evaluated in more detail in the second phase. In each high priority corridor
during Phase 2, the following -elements shoulci be assessed:
1. Technalogy (traditional diesel-powered locomotives, self-propelled,
electric, and hybrid eiectric/diesel);
2. Station locations; "
3. Alignment;
4. Staging potential;
5. System integration of individual high priority corridors; and,
6. Final project recommendations.
For those comdors that were not considered a liigh priority in Phase 1,
Phase 2 will assess what factors (changes in land use and reducing capital
,
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and/or operating costs) would have to be changed to make intercity
passenger/commuter rail service feasible. If changes to these factors will
still not result in intercity passenger/commuter rail service being cost-
effective or feasible, the Consultant will identify what types of rubber-tired
mass transit solution(s) may be cost-effective. This assessment does not
need to be quatititative, but could be more qualitative in nature. It could be
in the form of a"white paper" or "concept paper"..
In both Phases 1 and 2, the Consultant needs to describe the level of public
participaYion needed to achieve consensus on the recommendations. The
degree and type of public participation will need to be outlined in response
to the RFI'.
The Denver Regional Council of Governments (DRCOG), I3enver Regional
Transportation District (Denver RTD), and the Colorado Department of
Transportation are each managing a Major Investnent Study (1VIIS) for the
Denver metropolitan area. DRCOG is responsible for the East Coiridor
(downtown Denver to Denver Inteinational Airport). Denver RTD is
responsible for the VVest Corridor (Lower Platte Va11ey to 6th and Simms).
CDOT is responsible for the Southeast Corridor (end of the IVIAC line to
Lincoln Ave. and I-25 in Douglas County). Each Proposer must
demonstrate how their team will coordinate their effort in the Denver
metropolitan area with these studies. In addition, there should be an
identification of infonnation needed from these three MIS efforts. Special
emphasis should be placed on the East Corridor, because it provides access
to Denver Intemational Airp.ort where some of the intercity patronage will
be generated. . A detailed work plan is not being requested for Phases 3 and 4 from the
Proposer to this RFP. Based on the performance of the Consultant and the
availability of funding, the contract for Phases 1 and 2 could be extended to
cover Phases 3 and 4.
Phase 3 will develop a financing plan for each high priority corridor. This
will involve the following major activities:
- Refining final cost estimates - Identifying possible funding agencies
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- Developing a cost allocation plan for eacch corridor
- Reachi.ng agreement on each agency's stiare of the capital and
operating cost
- Developing contracts based on negotiateid shares
Phase 4 will focus on selecting a preferred operator for each high priority
corridor. This will involve developing for eac;h corridor:
- Performance levels (frequency and type of service)
- Evaluation criteria for selecting an operator
- Bid specifications and submit to possible bidders
- Evaluation of each bid
- Selectian of an operator for each corridor
- An agreement covering operating cost sharing
5.5 AVAII,ABLE DATA FROIVi CDOT:
The Colorado Department of Transportation rias provided funding for the
completion of a passenger rail feasibility study for SH 82 (Glenwood
Spri.ngs to Aspen), U.S. 40 (Craig to Steamboat Springs/Oak Creek), and
the Amtrak Service Study (Denver to El Paso). These reports are available
` for use by the Proposer in putting together their response to the RFP by
contacti.ng Joe Tempel at (303) 757-9771.
Some computer models have been developed by CDOT that are relevant to
this proposed Study. They are:
- I-70 West NiIlNUTP Forecasting Model (Winter)
- I-70 West NENLTTP Forecasting Model (Summer)
Northwest Colorado Transportation Neecis Assessment MINUTP
Forecasting Model
- Front R.ange MINUTP Forecasting Mode;l
CDOT has also conducted roadside origin and ciestination surveys along SH
82 (at two locations) for three different time periods--summer of 1992, wuiter
of 1993) and winter of 1994. A similar survey was also done along U.S. 40
(three locations) for two different time periods-•-winter of 1994 and summer
of 1994. Reports are available from CDOT for any of these surveys.
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~ • - 5.6 AVAII.ABLE DATA FROM OTHER AGEIVCIES:
CDOT is only aware of one other passenger rail study that has been
completed that relates to this Study. This study was done for the City of
Denver for the East Corridor. It is referred to as the Air Train Feasibility
Study. The City of Dender should be contacted if the Proposer would like a
copy of this Study.
The IVorth Front Range Transportation and Air Quality Planning Council
(NFRT&AQPC) recently cornpleYed a summer 1995 roadside survey between
Fort Colli.ns and Denver as well as other locations in the corridor. The
NFRT&AQPC should be contacted directly should the Proposer need this
information in putting together their proposal.
T'ransportation forecasting rnodels exist in all of the urbanized areas. These models are the responsibility of the local meYropolitan planning organization '
(1VIPO). If the Proposer would litce documentation of the inodel structure,
calibration, capabilities, and the appropriate NPO should be contact directly.
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BILL BRADLEV
NEW JERSEY ~ RMITTEES:
RECEIVEO NOV ~ANCE
Un9ted ~ta*ts ~matr EiVERGY AR1D
~ l iVATURAL RESOURCES
UNASHIWGYOfiI, DC 20510-3001 SPECIAL COMwAi7TEE ON
October 13, 1995 1 AGIING
The Honorable Margaret Jao Osterfoss
, 75 Sotath Frontage Road
Vaal, Colorado 81657
~~ar AYayor Osterfoss S
Ttaank you for coentacting me to 'express your feelangs reqarcl-
aang the pravatizataoua of ska area lanclso It is alraays heS.pful to .
be aware of the opinaoaas of aaafox°mecl andiviciaaals sucta as youx-
selfo .
We are facang ffiany $ough questions today that wgll require
our deep understandirag ancl harci work, % realize tt?at there are
no quack and easy solaataons and that it wall require ffiy continued
commatment to search gor new ancl creative solutions to the
dagfacult probleaas which confront us in our dai].y laveso
Y appreciate the opporttanity to learn yaur vaews, and I will
be sure to keep them in mand during my serwice in the Senateo
Please keep an towch wath me an the future on other assues of
nataonal interesto
, Sincerelgr,
0
Bill Bradley
UYllted 5t8te5 $eIld$Ar
BB/sr
PRINTED ON RECYCLED PAPER
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cert2dWY raU}r otheY 3'esOZ$ opemm to p1'eSS tht 62w. Afthot(sh 64
pmvision has not be= vfficia11Iy "sooaed" by tht CorWcssionat Btadge~ (CBO), ~O did indicate nt xnxgbt zaise ii~ to $100 miVi&~ :Whflc .
that is nv~ ~ ~ ~oun$ of money in the conteNt Of the ~ ~ $14- •
bt~~aon ~c~.i~~ it as nat. ansig~mt. ' . •
. . ' _ • ~ ' .
. . 7he F-xecutive Board strongly feels w~ neeci to s~p dis prov$sZon. ;For the
Past few m ' , wp- had been discussiug tbe iriea ~f b;Ug to
assist wath CAST issues. Our iztitW dxoaght had beiih to; l*Y t&_1 irzlorad~
legislature andlogFar~ Sex-vice. Givm&eiv~oith,.s:is~;:tb~
Ececutive Board feels we shouid use thm•furcds to lohby•.Cobgsw~ 0 uastm
this P= legislaeaon fails. . ; ; • .
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We kravc solicast~ a proposal from lGiz RobbftL% aWaOZ it.base.d
lobbyist with extenspvc contacts zn Co1orado. Ms. Rb b*-s ` ~'e~d both a
shor'c tem artd long terrna s=egy to deal with this isme. 'Gv6 th~fsd we
want only to stop the irnmediae passage of this biU, so ~~zxp,?~mc it
xnore for detail, tbt Board fcels at wouId be appropra~ to 'ix*•~. ~,abbira~
to bism this , . ~ .
provision is ~ed tWs sessioxL
,
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'Me fee far this is estimated to be $5,oo0. it i~ our,inh~on to Prc&;ed vvath
this co~ ~less ~~-c is s g ~~~an ~o co~ames. ~~f
~~on ~ ; °I u~.
yoa ha`re coac~s ~v.iYk~ 4he Bo~'d p~voeed~g xnft ' • . p•~ .
c~act a Board 1~m6er b ~IIrs ~ ~ .
Y day, October 5a It•is*otr'r$u=rioh to
proceod on Friday. As indicated, oRce thas * bow.=dv.ed we wffl have
an oPPaOuziity to take apositian an tWS mattu. . .
. . ,
If you wash to dismiss this, p1ease feel fiee r,o
EfUmg at the Cgty cf Aspeu at 920P5I 99. • , ; - . ~ . .
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CAST EKecutive Board ; - '
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Gargr Maninez 970453-2251 Baam Itcynolds'9-74-949.An0:
JBill Crauc 970-349-5338 Rachel Ricbards.9?0-Q2Q-52j2 .
Bob McLaurin -97 0-479-2 100 Da$las ENwhaa V7 ~ 2637 .
Tam l,bng 9I046$-2637 .
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E/e"d K3QGU iO ALID 46d90=t.0 S5. £0 l:)o
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Colorado Assodit-I
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Octobesr 3, 1995
Ski
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Dear C;AST Mecuber: . . . .
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We are sucr yau are aware of t;he recent e£fort of sevjar4 memb=af
Congxess to authoriZe the sale of Forest &Tvice laad ta- ski. ~
We are certain you can appreciate f3ie sigmficant impo,ct tbis ~rou~cl have an, .
many CA.S'1' conmttmities. ' • • .
While we recognize the need to rcduce the federal deficiE, dai~ F,*ecPve
Board of CAST #'eels ihis appxoach is extre.ffieIy shozI: sig~tzcd._ ~vea if at did
make sense in specific.circumswces to sdl USFS lmzd ta sJd erea-Qperatax-s, ~
the discussions to datc have not addressed how t}xis woaild be accomplzslted;
how the land would be valned, aud what rcshic6anc (if any~•`i~rbroid: be placed
on the sale_ Yt is the feeling of the Execurxiye Board thLat weinccd-tc; stop this
actron un.tzl we have a better imtderstanding of this provi.%oaai, And how it
. wou1Q impact thLe various C.AST co=unities. .
'Ihe provison to seII USFS 12nds wasplacecl on au menldme~t-to uQnse '
Budget Bill Sectiou #5950 and kas betm approved by theH04s~.o~ .
kepmseutatives. Foz'cuna#ely, due ta wozic of severa; C-ASx '~c,ials, this
pmvision. vvas eflizni.nated in the SenaLe ~ersion of the'l)il~. Be;cause; tbe .
Hocisc aad SenaW have passed two different bi11s, the diiffei"ces znusr be .
resoived throvgh a reconcsliation pmccss. Therefore -vhile Xt ~
i ea~rs that
ihis issae inight be d,ead„ it is not ceTteua. ' Ihe reconciliahan grocess, always a complex polltical effort in thyi year, is
more campii=ed this year. Whi1e we beliew the momearum at presmt is , .
in favor of deleting the provision or ai least madifying it to.;Pribvio7oca1
c0[ttrrol, the autc,ome is Still uIICeatain. It aIsp app~ 1he gtc~idc~t:is at
present virtualiy ccrtain to veto thi,s recanci.liarion bill. Ttzat mearis"sPecific
provisinns ta which he objects w1Tl be outiived as a reasail. fac the vebo and
~ the commim= wil1 be sent back to xework the hi lJ. Se;ver4 Qf the
provLaons which axe leading m the veto are withiu the paf the
; Resources Camrnittee, tbe saurce of the sJa resart pravisioti. As a *sult,
~ thQSe committees will lalcely have to came ap with additional-~er~nue f~
~ this fiscal year. This oertcome may maloe this provision mom ~:itraetive aad
~ MCAM" aeunekxraurU~s ; . . . . .
~
Aspen . Arnvi . &ur Riwr • BraC*enndgc i
Cc;RdBv(tr.O;no.+~pwnnyn.FidsaeFraa~•ttSAxnvoadS~s•Gca~tl,Hywy,~n ~ !
~O _ ~+•.;so-~ . Mc C+~ted B~ • ~+~Mand . SiMe~n~ _.S~vn,s~ . ~~?~t T . Y~~ . ~Fnt~? P~a~& J
5tv?'a~s' eli
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\ J I v U t ; i L . _ . , _ , , . . ~ , . . o
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seen directs that the ski permxts be appraised °based on the •
continued use of the land as a ski area.° Such an appraisal could
result in lands being sold for $2,000-$3,000 per acre. If later
subdivided and zesold, the same land could return up- to $2-3
million pex acre (which is what prime "ski-in/ski-aut° lots at the
base of Vail and Aspen now bring on the ppen market). There i.s no
doubt- in my mind that taxpayers would lose tremendous value ftom
this arrangeraent. .
I am also concerned that the privatization of ski mountains would make it ver'y difficult for resort communities to manage growth,
pz'ovids adequate facilities and services, and maintain the quality
og life that they have worked hard to achieve. Moreover, the
impacts on transportation systems, especially traffic along I-70,
air and water qualzty, and wildlife habitat could be very
significant. AlI .of these need to be carefully considered before
ski area larads are placed in private ownership.
As a ginal note, it zs xmportant to remember that the current
system of special use permits and fee col?ections is a significant
revenue generator for the U.S. Treasury. In fiscaZ year 1994, the
Forest Service Region 2 office collected ebout $10 million from ski
area operators while spending less than $i inillion admi.nistering
the programs.
. Zn summagy,, I believe the ;~roposal to seil AIational Forest ski
mountains to the ski area operators is not in the public interest.
Tne Forest Service has done an ad.rnirab~e job of working with the
ski industry t4 oroduce a vigorous and ho~-:aLthy ski industxy in our
state, while -at the same time protecting the mounta?r_ environment
and sanctity of the public lands fox public use. $}ci area
operators have worked hard with the Forest Service to protect the
lands natural beai:ty and environmer.tal inteqrity. I see no reason
to break up this successful partnership simply to er.hance the
federal government' s short term cash fiow. Colorado' s Na,tional
Forest ski mountains . are naticnal treasures which provzde
recreation fcor more than 10 million skiers annually. They should.
remai.nin pubiic -hands . •
Sincerely, .
Roy om
Gover
cc: Senator Hank Brown
Senatvz' Ben Campbe?i
Rep. pat Schroeder
Rep. ,Ioel Hef iey
Rep. David S}zaggs
Rep. Scott McGinnis
Rep. Wayrce Allard
Rep_ Dan Scha?fer
~ STATE QF COLORADC)
EXFC'UTlVE CKANiBERS
c
~ 36 Sta:e Gpno1 ~
Den„er. Coforado swo3-17.92 Pnpnt ;303) $66.2471
• o ~ "i
September 19, 1995
The Honorable Frank Murkowsj;i R"~ R•w"-
Cha i rman
Senata Cornznit.tee on Energy and Natuzal Resources
304 Dirksen Senate OffiGe Buildi.ng
Washington, DC 20007
Dear Chairman Murkowaki:
In Congress' xush to reduce the deficiit, it is considering
some bad ideas. Zncluded amonq Lhese is the proposQd fire
sale of public lands underlying skt a:reas. i oppose the
attachment to the federa7. 2audqet recortciliation bill that
would fozce the Forest Service to sell s};i area leased public
lands to the przvate operators.
As a general rule, most ski areas in Cclarado opexate under a
land ownersh.ip pattern where the private sector owns the base
lands and the ForesL.Service owns the ski mauntain. This
system has worked well to promote necessary hase areec '
dQVelopmerit and communities, but has at the same tirne assured
that the ski mountains will remain permanently available.for
winter and summer recreation free of housing, private clubs,
convention centers or other inter?sive developments that are
inappropriate at hiqhez elevations for boLh environmental and
aesthetic reasons. In $hort, the Forest: Service has done a
good job of xeeping the ski mountains a;vdilable fGr pubiic
recreat.ional use and enjoyment, and Z qee no reason to disrupt
tfie relationship between the Forest Service and ski area
operators built ove; many decadea.
lf tne ski mountains are sold to the private sector, the
public would not be assured that the mountains would remain
ded,icated and open Lo public recriadtion. Further,
privatizati.on of the.skx mountcins could be accomplished by
closu:e of mountain facilities to the general public and their
becoming available only to dues-paying `club" members.
Privatizatian of ski mountains could also mean. that they might
be closed to hunting, hiking, fishing and othAr recraation, or
be available on a pay-only basis. In my opinion, these
possibje consequences do not constitute acceptable uses of
what are naw pub=lc lands.
I am also extremeiy concerned ;.hat if National Forest lands
are sold to the 4-nountazn operatars, :it would be almost
impossibie to establish a saie price which would ensure a fair
iclarket valup- rezurn to taxpayers. The lanquage I have
d
Attachments:
- Letter to Frank Murkowski M.C., from the Honorable Ray Romer,
Governor of the State of Colorado, (9/19/95). '
- Letter from the Colorado Association of Ski Towns to its
members (10/3/95).
cc: Town Council J
County of Mono
. Colorado Association of Ski Towns Mayor Peggy Osterfoss, Vail, Colorado
Liz Robbins Associates, Washington, DC
. ' / PP,',S f" " . l~_ _ . ~ . . . . .?S ~
LAKdE S . ~ X C :
c - P
• A c, F o a N` P.O. BOX 1609, MAMMOTH LAKES, CALIFORNIA 93546
C9
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October 30, 1995
Ms. Dianne Feinstein
United States Senator
331 Har.t Senate Office Building
Washington, DC 20510
Dear Senator Feinstein:
City officials have just become aware of legislation to require the
sale of public lands to ski area permittees. The legislation appears
in ttie House of Representatives version of the budget bill and will be
considered in Reconciliation this week. The specific reference is Part '
2, National Forest Ski Areas, Item 176: (42) 13ection,9321 Privatization
of Forest Service Ski Areas).
Since Mammoth Mountain Ski Area is within the boundaries of this city,
the p.roposed legislation is of great signifieance to our constituents
and could have significant impacts on local government and economics.
We have not had time to thoroughly consider tt?e implications. The
provisions which require the land be offered for sale to the current
permittee; that.provides, for the transfer of a.dditional public lands,
and that change appraisal standards are.areas of concern requiring
additional time to allow clarification. The impacts on local
communities could be substantial and are of sufficient concern to
require a delay in this legislation in order to address these many
concerns.
We respectfully request that this legislation be dropped from this
year's budget bill. We are including information provided by the
Colorado Association of Ski Towns and the Governor of Colorado as
attachments. Your support would be very much appreciated.
Sin erely, ~
~
~enn Thompson
Town Manager
GMT/dh