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HomeMy WebLinkAbout1996-01-16 Support Documentation Town Council Evening Session VAIL TOWIV COUNCIL EVENING MEETING TUESDAV, JANl1AFiV 16, 1996 7:30 P.M. 9N TOV COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Consent Agenda: A. Ordinance No. 1, Series of 1996, second reading of an ordinance, First Amendment to the Town of Vail Police and Fire Employees' Pension Plan. B. Resolution No. 2, Series of 1996, a Resolution designating Colorado Nationai Bank, as a depository for the funds of the Town of Vail Pension Plan as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. C. Resolution No. 3, Series of 1.996, a Resolution designating Colorado National Bank, as a depository for the funds of the Town of Vail 457 Pension Plan as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. 3. Ordinance No. 2, Series of 1996, second reading of an ordinance amending Special Development District No. 30, The Vail Athletic Club, and amending the development plan in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. 4. An appeal to the Town Council, pursuant to Section 18.54.090 of the Municipal Code, of the Design Review Board decision to deny the OlesonNolinn duplex separation request for a proposed residence to be constructed on Lot 11, Resubdivision of Lot 7, Block 1, Vail Village 12th Filing/3275 Katsos Ranch Road. 5. An appeal of the Planning and Environmental Commission's (PEC) denial of a request for a height variance to allow for a residence, currently under construction, to exceed the 33-foot height limitation for residential structures. The project is located at 1339 Westhaven Circle/Lot 23, Glen Lyon Subdivision (SDD #4). 6. Town Manager's Report. 7. Adjournment. NOTE UPCOMIiVG IVIEETING STAFtT TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) I I I I I I I 7HE NEXT VAIL TOWN COUNCIL REG4JLAR WORK SESSION WILL BE ON TUESDAY, 1/23/96, BEGINPVIIVG AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. 7HE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAV, 2/6/96, BEGfNNING AT 2:00 P.M. IN TOV COUNCIL CF9AMBERS. TFiE NEXT VAIL TOWIV COUNCIL REGULAR EVENIIVG MEETING VVILL BE ON Tl1ESDAY, 2/696, BEGINNING AT 7:30 P.M. IIV TOV COUNCIL CHAMBERS. IIIIIII Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. C: WG ENDA.TC VA9L TOVI/N COUNC9L EVENING MEETING TUESDAV, JANUARV 16, 1996 7:30 P.M. @N TOV COUNC9L CFIAMBERS AGEND,4 7:30 P.M. 1. CITIZEN PARTICIPATIOIV. 7:35 P.M. 2. Consent Agenda: A. Ordinance No. 1, Series of 1996, second reading of an ordinance, First Amendment to the Town of Vail Police and Fire Employees' Pension Plan. B. Resolution No. 2, Series of 1996, a Resolution designating Colorado National Bank, as a depository for the funds of the Town of Vail Pension Plan as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. C. Resolution No. 3, Series of 1996, a Resolution designating Colorado National Bank, as a depository for the funds of the Town of Vail 457 Pension Plan as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. 7:40 P.M. 3. Ordinance No. 2, Series of 1996, second reading of an ordinance amending Mike Mollica Special Development District No. 30, The Vail Athletic Club, and Michael Barclay amending the development plan in accordance with Chapter 18.40 of the Vail Niunicipal Code and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 2, Series of 1996 on second reading. BACKGROUND RATIONALE: Please see the attached memorandum from the staff to the Planning and Environmental Commission dated December 11, 1995 and Exhibits A-F attached to that memorandum. STAFF RECOMMENDATION: Approve Ordinance No. 2, Series of 1996 as presented. 8:10 P.M. 4. An appeal to the Town Council, pursuant to Section 18.54.090 of the George Ruther Municipal Code, of the Design Review Board decision to deny the Oleson/Volinn duplex separation request for a proposed residence to be constructed on Lot 11, Resubdivision of Lot 7, Block 1, Vail Village 12th Filing/3275 Katsos Ranch Road. ACTION REQUESTED OF COUNCIL: Uphold/overturn/overturn with modifications the Design Review Board's decision to deny the OlesonNolinn duplex separation request. BACKGROUND RATIONALE: On December 20, 1995, the applicant met with the Design Review Board to request a determination of significant site constraints and the opportunity to separate the duplex structure proposed for Lot 11, Block 1, Vail Village 12th Filing in accordance with Section 18.54.050(I) of the Municipal Code (see attachrnent 1). Upon review by the DRB, a motion was made to deny the applicant's request since the DRB could not find evidence of significant site constraints. The motion passed unanimously (4-0). A letter from the applicant dated December 29, 1995, appealing the DRB decision, has been attached (see attachment 2). In the applicant's letter, he refers to the intent of the Design Review Guidelines (Section 18.54.010) as a possible basis for overturning the DRB decision. A copy of Section 18.54.010 from the Municipal Code has bee attached for reference (see attachment 3). . STAFF RECOMMENDATION: Upon review of the applicant's separation request, staff recommends that the Town Council uphold the DRB decision of December 20, 1995, of denial. .In staff's opinion, the applicant has not demonstrated the existence of significant site constraints on the lot as required in Section 18.54.050(I) of the Municipal Code. 8:30 P.M. 5. An appeal of the Planning and Environmental Commission's (PEC) denial of Randy Stouder a request for a height variance to allow for a residence, currently under construction, to exceed the 33-foot height limitation for residential structures. The project is located at 1339 Westhaven Circle/Lot 23, Glen Lyon Subdivision (SDD #4). ACTION REQUESTED OF COUNCIL: Uphold/modify/overturn the PEC's denial of the variance request. BACKGROUND RATIONALE: The application is in the process of constructing a residence on Lot 23, Glen Lyon Subdivision. The Improvement Location Certificate (ILC) submitted by the applicant indicates that sections of three separate roof ridges were constructed at heights exceeding the 33-foot height restriction for residential structures. The ridges in question are labeled A, B and C, starting at the lowest of the ridges and going up to the highest. See the attached site plan and elevation drawings. According to the interpolated existing grades provided by Intermountain Engineering (based on the original topographic survey), and the ridge height figures provided by Eagle Valley Surveying (ILC), ridges A, B, and C were constructed a maximum of 8.4 inches above the 33-foot height limitation. The applicant requested that the PEC grant a height variarice to retain the roof ridges at the existing, constructed heights. The PEC unanimously denied the requested height variance by a vote of 4-0: They made the finding that granted the requested height variance would be a grant of special privilege to the applicant. STAFF RECOMMENDATION: Staff is recommending denial of the applicant's request to overturn the PEC decision. 9:00 P.M. 6. Town Manager's Report. 9:05 P.M. 7. Adjournment. N0TE UPC0M91VG MEETING START TIMES BELOVI/: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) I I I I I I I 7HE NEXT VAIL TOWiV COUIVCIL REGULi4R WORK SESSION WILL BE ON TUESDAY, 1/23/96, BEGIIVNIMG AT 2:00 P.M. IM TOV COUNCIL CHAMBERS. . THE FOLLOVVING VAIL TOWiV COUNCIL REGULAR VI/ORK SESSIOtV VVILL BE ON TIDESDAY, 2/6/96, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOVUN COUNCIL REGULAR EVEIVING MEETIIVG WILL BE ON TIDESDAV, 2/6/96, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. C:WGENDA.TCE 0 Adarke--tioncy ~ i - Val'iey in t'ne May-u'ctober Season 1995 Performance ~ 1996 Plans ~ , ~ ~ Vv ~ 1 ~ ~ ~ w T ; ~ V'V'M B M'i s s'l n o strenrrtften the area rD economy by attr ctlo 'o 0 more visitors t the 0 . ail v alley in the Mav t'imeframe October ~I v MB Mae-%rketin6,o~ ~ • The VVMB sells the Valley as a v~r'le 0 0 sum; er recre~.~ion ex e~~~~~~ ~~~~~s 0 interested prospects to l es to lock ~n the'ir co itment to c o When vislotors arrive in the Valley, a retai ers, recre~.~ion services providers, resta rants can com ete for the'lr usolrtesso If VVMB attracts visitors to Valley a f Oirst tiome, rna Y return frequently on the'lr ow . m i VV Q bvu%r,cranization _~5 ~ ~hair - Ross Boyle (V) ~ ~Iice CI~a~r John Garth 3 m ~ ,Advertlsin~ L\ Grou-v Mkta ~ ~ Barbara Black (V) Jim Sfeinbach (BC~ ~ ~ . ~ ~ Winter Cross Sell Front Range ~ Chris Jarnot (VA)_, Dean Liotta ~ . % ~ ~ Stakeholder Relations Public Relations ~ Richard Carnes (A) Peter Cummins (BC).. Research John Garth (V) vv , The Pn me ~ arget Aud'iences Ind'lv'lduals families ~~~~~~e 4100,000 >A~~ ~~5 >o-Occupation - profess'lonal, te~~n'lcalo & managerlal 4D Groups >D..- Corporate & assoc'iat'ion meetings Jncentiv~ ~~~~~l groups > Non-meeting groups ~V MB o.Rd' A 7 ' ~ incy Ii e z)umme r al Ima6e 1 Press MontI~~~ ~ ~~~elance Writers Spe~~a~ Event Visits to ValleY Stories About Summer Vail . v v ~ : o J'i he Marketino- ~)trate6 ° o Ind'lv~-~~~ ~ Fam i'l'i'es M~~~~~~e Wim~~~~~~~~~er] Databas~ ~~~~~t'isim~~ ~irect Mail w Reques~~ ~~mmer Guide I~~~~rvations VVTCB VA I[~~so Indiv~~~~~ Reso Center Lodges ~enter v , NO m m m m m m m _ o - T ~ Marke tinO ` r 61 le~ k,3roups Magazin~e T~ade mkto Sales IL~~~~ ~~~~s M~~~~~~si Trips Ambassadors c Dem~~er ~~~~~~s~ ~V~'CB Group I~ea~1~ Special D~rect Evea~~ Prospect Mkting Mail Refer Hot Prospects Individual Book Lodge~ Grou vv VVMB Investors $900,000 In 1996o 'Investor $$oo,ooo $V $~oo,ooo - - sI~ares are as follows A . ,C . . ~{yaJLl 61 ~ 0 ~ ~ ~ 0 N+S+ + ~ V - - - - - - » ~,icence Fee 39°0 $500,000 » ~en. JC'und 22°0 $400,000 V Gen. IE'und - - - VA 12% $300,000 - - - - - A` - - - - BCRC 21 % $200,000 - - - - - - - - Vail Business g.ieenee Fees Avon 6 %p $loo,ooo - - - - - - ~ $0 ' l VM/ Q P •V qe Y/ ~y W/~ ~ ~ ~ ~ V• 0) T T 4~ i'~ T T T r ~ V L~ ~ Revenues 'uener- te: ~ Return on Tnvestment $18 .30 K~,~f @ ~ Over 'Its 7-year 1Li1Le $1 6 , 25 VVMB n\ $ 1°ST} ~~~~V ~liI~ have ~ ~ ~ ~.r produced t~ti lmoV t 2 $ 1 2 (D ~ u $75 moillolon Oin llotal sl 4) o -15 ~ ~lth an ~ $ 8 C sy~ Il~1~I 410 r- eS~~~~~ $ $4.5 ~ 6 4 ,@ 16, millA~~ ~ ~~~urn ~ s4 5 of $16.68 J for e~Ie~°~'~// $2 1.0 e/ dollar sp~l. nto $ 0 ~ O N M c~ tA 00 0) 0) 0) CY) O) a) Q) 0) 0) 0) 0 01 CY) ~ r vl- ~V ~uv~ _ own of Va'nl Impact 30- - - - 1995 ROI = $16o67 2 5 - O IFoOd & Be!!eo'age ; Retail $ =$8a1I ~ o Re$aoo ~ E 20 - - ~ ~~~ging=$4061 N m Lodging > - ~ ~ ~ ~ Bars & ~ 0 ~~~~~urants =$3o83 _ 3 90 - - - ` -Q~~ Over 7-Yro period, ~ ROI $14.27 on ~y o {n} C~otal Oinvest~L~L [len;A} lL ~f ~ ~ ~ ~ CF) o ~ CM CO) q* $3,,649;000 ~ ~ F° Y° P P T Includes Business Licence Fees, TOV General Funci & VA investrnents v ~ 1 13eaver ' Tm*-%ac-t 1995 ROI = $18o44 100- g~ ~,od ~.m~g _ $6.74 ~ ~ o - - ~ . Food & Beve ReS~~~~ant5 ~ 70- - - E o RetaoU ~ ~ars _ $5a~9 0) 60- - - ~ m Lodgang ~ ~Zetail _ $5.71 - ~ ~ - - - - a ° 40- - - „ Over 7-~rro period, ~ - - - 30-- ROI = $36016 on 20-- - - - - - total 'I'nvestment of 1 0 - - - ~ - - - - :n 405,000a ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0) C) 0) CD (D CD ~ own of Avon Impact 45- y:~o Avons b'lggest .4 0 o FOOCfl ~t Beb. o ~ ~ ~ ~~~aii SaleS oRe$aaB E 3 0 a 25 m Lodg6ng Over 7°yrm per'lodp C - - o 20--- ROI _ $16077 ~ ~ ~ - - Re~ail _ $14a58 10 - - - - - > ILod `ng _ $1.16 5 - - - - - Restaurants 0 ~ O r C~! M ~ lA & Bars $1.03 Go CD CD r v~ r- r r v- v- VV : 3 '19!')6 Pro6ram '5udV---,--et Income TOV Business Loicence Fees $330j790 General $336o811 Vail Assocolates 11o389 Less Admo Cost (17,410) TOV Investment 191,125 VA Investment 100o000 Beaver Creek Resort Co. Investa 180,000 TOA Investment 50,1000 Interest Income 5,1000 '97 Summer Gu'lde Revenue 1OO,OOO '95 Carryover 60,399 Total $1,017 314 - VY ~ i 19,96 ~xpense uro~. Budcret _ ~ 1 Remote Marketing $108o000 Database Development $15,000 Direct Mafll-Regullar 48,000 Direct MaIlI - Non-Meeting Groups 20,000 ' 7Celemarketing 25,000 ~~~Si~e MarI~eting 59,ooo Trade Shows $23,000 Trade Missnons 12,000 Sales Trips 18,o0~ Front Range IEvent 61000 Trade I~~~~~~~~~~~ ~~~ertising 50,000 Collateral Ma~rk~~~~g Materials 20,000 Miscellaneous 8~000 T~~al $245,000 ~v frrm ~ N Expense ~ I~~~~~~~ $14,500 ~ (Invitations, Press Kit Folders & Envelopesp etca) 3 Costs for Hosting It~~~~~ ~n ValI~~y M000 (,~irlane T'icketso H[otel, ActllvIlty, ~ Res~~ur~~~ Charges, & gifts} _ Off-Site Event 9,000 ~ m ~~~~~~ationaI1 Pu~~~~ ~~~~t'lons Program 12,000 ~ 0 m Vfldeo 5ate~~~e Uplink 18500 ~ J Admingstratnve Costs 47,OOO A ~ LO Agency Fee $360500 ~ ~ m Out-of-pocJket Costs 10,500 (xerox, postage, clflpp1ng reports, photography dupes) '1Cotal $100,0000 ivv ~ N 996 Vro6ram Bud6et Expense Fam'ily & Individual Travel $534f5OO Groups & Meetings 245fOOO Public Relat'xons loofooo Admoinoistratolve Expense 122oOOO Agency Fee $120fOOO ~~mm~~~~~toions 2f 000 ~~~toingency 814 Total $1fO17f314 V vV ~ ro- t ; Av~P6 Impact ~ ~~~iv~~~~~ ~arket > 500000 requests ~or the summer guide 5,000 fammily visits to t1~e V~~~ ~~lley )N> IL~dging 1b~okings of at least $1l e8 mn~~~~n ICZes~~ur~~~ ~ ~ar safles of at least $1o9 millIl~n Retail sales of at least $3 ~Gr~~~ ~arket > Lodging bookings of at least $3 million > Restaurant & bar sales of at least $3 million > Retail sales of at Yeast $5 million •7T~~~l return on investment > Investment _ $851,915 > Projected total return _ $170700,000 Projected return per do1~ar of investment _ $20a78 v v. : MB ~ ~ ' ~ ~ ~ ~ ~ VAIL LLEY TO RiSM ex C0N1/E T1 Bl1REAU 1 9 996 BOARD B IEFI P C ET 1 ' ~ ~ ~ ~ ~ ~ ~ 1996 BOARD F DIRECTORS ~ Stede DewiPe, Chairman Peter 8. Cummins Hyatt Regency Beaver Creek Beaver Creek Resort Company ~ The Chamber of Commerce, at large P. 0. Box 5390 P. 0. Box 1595 Avon, CO 81620•5390 ~ Avon, CO 81620 Phone 845-5857 Phone 949-1234 Fax 845-5282 Fax 845•2830 ~ Lisa Dilion, !lice•Chairmaro John Garnsey WestStar Bank, at large Vail Valley Foundation ' 108 S. Frontage Rd. W. P. 0. Box 309 Uail, CO 81657 Vail, CO 81658 Phone 476•4600 Phone 949-1999 ~ Fax 476-2666 Fax 949-9265 Bob Armour flAarc Hoffman ' Mayor, Town of Vail Marriott's Mountain Resort 75 S. Frontage Rd. W. 715 W. Lionshead Circle, at large Vail, CO 81657 Vail, CO 81657 Phone 479-2100 Phone 476-4444 Fax 479-2157 Fax 476•1647 John 6ailey James Johnson Trail's End, at large Eagle County Commissioner ' P. 0. Boz 7 P. 0. Box 850 Vail, CO 81658 Eagle, CO 81631 Phone 479-2036 Phone 328•8605 ' Fax 479-2077 Fax 328-7207 ~ Jim Benson Bob Kunkel ' Town of Avon Vail Associates, Inc. P. 0. Box 327 P. 0. Box 7 Avon, CO 81620 Vail, CO 81658 ' Phone 949-0400 Phone 845-2600 Fax 949-6494 Fax 845-5728 ~ Earie Bidea Howard Rapson Town of Minturn A Secret Garden, at large P. 0. Box 392 100 E. Meadow Driue ~ Minturn, CO 81645 Vail, CO 81657 Phone 827-5227, 827•5642 Phane 476-2241 Fax 827-5690 Fax 476-3237 ~ Staro CoPe AAarEt Walker Lodge Tower, at large Colorado Mountain Express, at large ~ 200 Vail Road P. 0. Box 580 Vail, CO 81657 Vail, CO 81658 ' Phone 476•9530 Phone 949•4227 Fax 476-4093 Fax 949-5032 ; ~ ~ i ~ ~ • ~ ~ ~ I S S 10 ~ ~ T~e VaH VaHey Tourism & Convention Bureau is a not- for-pro$ot membership corporationo It°s rnission is to ~ omprove the economoc climate of the Vail Valley year °vound $hrough the deveBoprnent and coordination of , effective programs desagned to sncrease and manage tourosm growthe ~ ' , ~ ~ , ~ ~ 3 ~ ~ G 0 A L S - 1 9 96 . ~ Deve9op stronger, more interactove working relationships be$weea~ the Board of Directors. Standing Cornmittees, MaPketing Board, Task Forces and mernbers to ensure that ~ exastang func@s produce a synergistec, cohesive rnarketing campaogn. Coordanage, create and implemeng customer-dreven tourism marke$6ng prograrns designed to attract ancreased visitors from ~ the Group and 9ndividual markets during traditionally "non- pea9C busuness periods. 9ncrease the impact of Speciai Edents as a marketing $ooB $o at$ract oncreased andividua9 consumer visitation through ~ uncreased sponsor contribvtions and the addition of two rnore edents wu$h 9ong-term potential. ~ Hbo Generage uncreased funds short-terrra, both through araternal programs anc9 externa6 sources, to be used for tourism- , genera$ing projects. Develop a iong-range, stable rnechanism to generate uncreased funding for tourosrn marketing. , V. Deve9op a year 'round air9ine flAght program ento Eagle County Reg9061al A9PpOP'$. ~ Via Develop and emPOemen$ a Plan to smProve ProsPecteve 9uest ' access $o ahe comma.anaty through a single reservations calB cenger. 1 @~~~o Exercase Ieadershap in the contanued improvement and responsible management of the year 'round tourism 1 enfrasgructure of the Vaa9 !lalley to improve and enhance the @lES6$00''S expeB'IenCe. ' ~~Bflo (Exercase Deadershap in the ongoing definition and ; ump9emen$ataon of programs to clarify the comrrounity's , "va9ues", as atool to eraharace the visotors' experience. i , ' I ORGANIZATIONAL STRUCTURE BY FUNCTION Be..a poreotiwp Ooo.O Com Usten oa SpeClol hantNACllelloo linente Coevlttoo 8vs4aots Mvltory Couwtll lo0qing AOvlsory Couwe11 1 - ~cc~.ysotos/ Spociol Evanlt/ RurAeU n9i tnro.oa[ion/ Cowrowllowo • Acllvlllps Cowt~01 Other CoeounlCOllon Q@Oe~VOI ~ifAO ae.ro.t~~~~Q Otrect p~.ect wgll Solt? Altretl Ad~ortitlny VuElic I G a~omr~~ Guefli QQIOllonf I l~ Out V011fy Mo, het Vo~l into iutn ltocnt Contorf Dlrett ledirrtl tourltl •nd Teurl~l ew0 Noe-fouritl Moe-TOUrI~t oe•ticlpolioe Spactelort Hed1o ~ ~ CONSOLI TED AR1CETIlVG BUDGE°f ' 1996 ' ~ SOURCES OF FUNDING NALLEYWIDE MARKETIPdG FURlD $ 1,017,314. (44.8%) ' Town of Vail Business Licenses (net) $ 330,790. (Includes 11,389 in VA Businesses) , Cantributions: Town of Vail 191,125. ~ Beaver Creek Resort Company 180,000. Town af Avon 50,000. Vail Associates 100,000. Niiscellaneous Income195 carryover 165,399. $ 1,017,314. ADDITBOPlAd TOlAIiJ 0F NABL FVDNDIMG 1 (Special Events & Visitors Centers) $ 235,000. (10.3%) ~ TCB PROGRAM INCOME $ 1,019,332 (44.996) TCB Dues $ 164,968. TCB Group Commissions 389,148. 1 TCB Event Related Incomel Sponsorships 140,000. TCB Co•op Marketing (net) 126,000. ' TCB Central Reservations (net) 144,906. TCB Niisc incomelprograms 54,310. $ 1,019,332. ' ~~RKET1NG $ 2,271,646. (100.0%) ~ i . , , ~ N141SS1ON ON SPECIAL E\/E TS AND ACT11/ITIES , ISS10N , The CSEA shalY serde as an advisory 9roup to evaluate and advise the i/ail Valley Tourism and Convention Bureau on current and potential evengs ~ resu9ting in rnore effec$ide positioning of events as a significant part of the !lail Valley marketing mix. , GOALS , 1 1 . EvaYuate current !lVTCB events and event budgets. 1 2. Create guidelines and criteria for funding events firom the 1/VTCB seed funds budgeg. 3. Eva9uate event funding requests on a quarterly basis and ailocate funds basecfl on ghe ability of those events to drive business to the valOey dureng non-peak seasons e 4 Support cornrnunity relatec9 or local oriented events with funding ' aVlocations equidaleng to gen percent of the annual seed funds budgea. ~ 5. Create a va9@ey-wide event/activities planning effort anvolvsng a8l event plannePS and rneetings on a quarterly basis. ~ 6. Creage packaging of edents with lodging groups. ' ~ i . . , ' FINANCE COMMITTEE ISS10N ' The mossoon og the Finance Cornmittee is to oversee the financial and ' business affa1PS 0f $F!e Va9l VBIIey TOl1PISm & Convention 6ureau and assist $he Board of DiPectors in understanding and communicating the oPganization's $inancial status to its members and funding partners. , ' GOALS - ~ I . ,Qssist in the preparation of the TCB's annual business plan and buc9get for approdal by the Board of Directors for presentation to the funding partners in a gamely fashion. , 2. Review projects og other comrnittees and staff to deterrriine their ' financaal vualbslity. 3. Review month9y financaal statements and report deviations and , recommended ~ourses of action to the Board. ~ 4. Deeelop apPOCess to evaluate potentiai courses of action for securong 90ng range, dedicated funding for future marketing progParns, vecommend solutions to the Board, and assist in amp9ementing strategies to secure funding. ~ 5. InYerface annuaflb with Andependent auditors to review rnanagement Betters, and Peport on firaaf audit to Board of Directors. ' 6. Oversee and addise staff on decisions relating to investrnent of funds, irnpBementation ofi cash flow strategies, and purchase of , Cap9$al 9te6YBS. 7. Act in aro advisory capacity to the Board of Directors and staff on , other onanagement ossues as necessarb. ~ ~ , ~ . + . ~ ~ ' 1 BUSINESS vISORY couNctL 'SS'oN 1 The Business Advosory Council was created to address specific needs of ' non-9odging busBness members in the Tourism 8c Convention Bureau's membership pPOgram. ~ GOALS ~ 1 . To estabBish a membePShip program that the non-lodging business membership can Book to for expertise, guidance and assistance. , 2. To establish a membershop drtve to create a stronger cornmetment ' throughout the va91eye 3. To Oook at the possAbilitaes of altecnative rnembership with existing , neighborhood 6nteres# groups." ' 4. To act as a sounding board for the VVTCB and other organizations to discuss specafic issues pertinent to non-lodging businesses. ' ' ~ ~ i I ~ ~ LODGtNG ADV1SORlf COUr1CIL ' tgS1O1V ~ The mossion of the Lodging Advisory Counci9 is to provide a forum for the , @odging membePS o$ the Vail ilalley Tourisnn & Convention Bureau to address 9ssues affecgeng business operations of the community. ~ , ' ' . ' , j l ~ r ~I ~ ' GOALS , Deve9op two-way communicataon process wath lodging cornmunaty ' members to gagher anput on issues and develop consensus as 40 their resola,atBOn. ' 2. Bmpact decisions relating to the rnarketeng of the Vail Valley, summeP and wiroter, ghrough on-going cornmunication with the TCB , staff, Marketeng Board, 1!A Nlarketing staff and other entities developing communAty-vvide rnarketing p8ans. , 3. Ompact decisoons relating to the development of Special Events and act'svities designed to attract guests to the i/ail Valley. ' 4. Imp9ernent more effective research programs through cooperateve ~ efforts un the areas of occupancy statsstics, average rate and ba.esiness 9eve9 forecasting. ' 5. Advase anc9 dsrect the operation of the T'CB's central reservatuons system to enabae more effective use of the system by participating 1 lodgong entities and ensure ats viability as ara effect6ve marketing t000. ' 6. Act in an advasory capacity to Vail/Beaver Creek Reservations to enabOe moee effecteve communication between the @odging ' communaty and cooperatson betwreen VaiI/BCR and the TCB. 7. Coordinate Housang Bureau activities between multiple property ' groups and ghe Yodging community. Serve as the coordinating body for the development of the housing arcangernents for the 1999 ' VVorld Alpine Sku Charnpaonships. ~ i 8. Become actedely envolved in the developrnent of future sucnmer ; ' airline programs. ~ ~ , ~ , ~ ~IL VALLEY °°YEAR ROU1VD A1R" `fASIC FORCE ~ CHARTER Novernber 15, 1995 The task fiorce as chartePed qo develop a well researched Marketing & Business Plan ' which identifies the feasibility of bear round air service into Eagle County Airport and outlines plans for implementation on an on-going basis. This plan should be supported 1 by both the business and homeovvner community. The task force as responsibBe gor: 0 Bein involved as a strate ic 9a er in all on oin effi r f r mm r air durin g g p y g g o ts o su e g 1 1996 summer season. Ali ongoing efiforts should be closely liked with the long- term efforts of $he Task Force. , 0 Keeping ghe community aware and involved in all decisions and progress of the Eagle Airport Surnmer Air Task Force. 0 Researching the feasibility of Eagle Airport summer air for future years. This research need to odentify the current demand and potential from group and 9oca9 1 business. ' 0 Presenting awelB researched Marketing &Business Plan to the business community and VVTCB vuhich identified the long term efforts necessary to continue incrementa@ growth an the summer air market. OdentBfYing sources of fundin9 to comPlete the Research and Marketin9 & Busoness P9an. ~ ~ Handing off responsibility to an on-going VVTCB Commifitee for long term ' implemen$ation of Summer Air Program. ~ • ~ I . , ' ~ ~ LONG RANGE FUND1IVG °fAS9C FORCE ~ 5 ~ , . Ml SSI ON . ~ , To develop a long•$erm funding source for Tourism Marketing for Vail, Avon, BeaveP ~ 1 CPeek Resort and $he surrounding impacted areas that equitably shares the financial I responsibolatb for this economic development tool among all the beneficiaries. ' ' ' , , ' ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ VAIL VALLEY TOURISM ez COr1VEN7"ION BUREAU ~ ' 1996 VAIL TOWA1 COUNCIL , RI E F I NG PAC ICET ' , , ~ 1 ! i ~ THE VAIL VALLEI( MARiCEI°I1VG BOARD ' 1 ~ M1 SS 1 OIV ~ To strenthen the area economY b 9 Y attrac$eng mmre visitors $o the Vail , ' Va9ley on the May to October time frame. ~ ~ ' ~ ~ ' ~ ~ I ~ ' ~ oz ~ 1Vgemorandum TO: Town Council FROM: Susan Connelly, Director of Community Development Andy Knudtsen, Senior Housing Policy Planner SUBJECT: Backgound informarion for setting the direction for housing DATE: January 16, 1996 A. Where have we been? ` Housing Study completed in 1990 Ten recommendarions Phase I Status I-A Zoning provision for accessory units (Types I and In. DONE I-B Density bonuses for housing-- 50% and 66% (Types III and M. DONE I-C Create Housing Authority. DONE I-D Construct housing project: Lower bench Donovan park, REJECTED Mountain Bell, REJEC?ED Vail Commons. ACCEPTED I-E SDD zone district for employee housing ANALYZED, NOT NEEDED I-F Employee generation for SDDs requesting excess GRFA ' NEEDED I-G Applicarion fee waivers DONE-by TOV Phase II II-A Employee Generation ordinance NEEDED , II-B For-sale housing project DOING II-C ' On-going revenue source NEEDED L4Itk Q ~ B. iWhat have we learned? ' l. The housing pie is huge-- let's just take a bite. 2. Quanrity and quality of employees are of interest to the community 3. The easy sites have already been developed-- every project will have some trade-offs. 4. We need addirional partners. 5. Integrarion with existing developments is important. 6. Developing a housing program with credibility is critical (3% capJ. 7. Subsidies are necessary (land or funds). Affordability is key. 8. Open Space is being addressed-- the plan has been adopted and is progressively being implemented. 9. Everyone talks about housing-- 1996 is the yeaz for action! C Where are we headed? ~ I 1. Vail Commons <<~' (5~ ~,M, . 2. USFS pilot project U~~L~ 3. Red Sandstone • (Q~~ 4. Public Works - . 5. Town Managers lots 6. Tax Credits 7. Employee generation ordinance 8. Mortgage guarantee/FNMA , 9. Berry Creek? 10. River Run? ~('i wu.U,+r D. What are the values that gitide the effort? 1. Build Communitv • Work and live in Vail Reverse tbe trend 57% --1990 72%--1995 Increase community participation 4-5% increase in voter registration with Vail Commons 2. Economic Vitalitv Our employee base is our greatest resource 3. Lotterv Goals .116 Local wage-eamers Il~•M~ ~ v ? Work and live in Vail V Net gain in local's housing V Families Most efficient use of created tuiits Broaden community base/increase community involvement v Opportunity to move back to Vail from do«n valley. E. Other 1. Housing Authority a. Role and involvement b. Length of terms 2. Funding Source(s) f: everyone\andy\96_memos\counc d.116 ' ~ I Q • , O O L•=~:( a 91'-. - -r3" . v \1 uECK S~ :q3- !*-3- i" ~To - fl~~ ~~?~(1C~,L 1 TOF JF` F.Q'Oo 00 ` CONSTRUCTION 1 FILLD OFFlCE I O rn m ~ -ro co I p 1 , . cil CK ~ : . . ~ ~ ° iREES TO BE REMOVFD , _ ~ r l, PL„NTER "F,. f• ci ~ I CONSTRUCTION I I LOT 8 CR,vNE ` + ~ I I ~ ~ I PAVERS (HEA7ED) REF. L,qVDSCAPE PL1W 1 ia • ' • FOR MATERWS dc OUANVES I I ' p~qN7ER UP UP FLOOD p,~ ..v I ,~PIALMA5L PLANTER "C" PA RS ~ I LOT D N26°4E LOT C~ i` 46.51 ~ FLwTER ^D r I S \ ~ i DN 771 LOT C, LOT D& PART OF LOT B sLocK 5-B SITE PLAN VAIL VILLAGE FIRST FILING - 1109 _ 10 KgJ QEe ' ~s~~ e r : ~ s. ~ ~ COMOM. DEV, DEPT ~ 4 December 1995 Mc. Mike Mollica, Pianner # 1Community Development 95 South Frontage Road West Vail, CO 81657 Re: Covered Bridge Building Modificafions to the Approved Plans . Dear Mr. Mollica: Pursuant to recent discussions with peter Dann regarding the modifications to the approved plans.of the Covered Bridge Building, we wish to request: 1. Changes to the entry door area on the North Elevation, per the enclosed plan. a. Stain the door and casings cherry, per the interior doors. b. Move and add a new decorative light. d a pewter plaque on the door f he i cation of the owne 2. Add the mini plaza to the walk in front of the entry, as discussed with Todd 'Oppenheimer,, per the enclosed plan. Please reference the Conference Memo dated December 4, 1995. We would appreciate you informing us of the necessary steps to accomp ish these improvements. Sincerely, G ATHMEY/PRATT•AR HITECTS;-P.C. - - I Edward M. Gwathmey, Jr., AIA Ef1/IG/ml copies to: Peter Dann Enclosures Todd Oppenheimer ORDINe4NCE NO. I SERIES OF 1996 FIRSl' AflflENDMENT TO TFIE TOIMN OF VAIL POLBCE AND FIRE EfVIPLOYEES' PEiVSION PLAN WHEREAS, the Town of Vail adopted, effective January 1, 1983, a qualified money purchase pension plan known as the Town of Vail Police and Fire Employees' Pension Plan (the "Plan"), for the purpose of providing retirement benefits for its police and fire employees; and WHEREAS, the Town of Vail has amended from time to time the Plan, and restated the F'!an to incorporate all prior amendments and other changes required by law effective January 1, 1994; and WHEREAS, the Town of Vail desires to further amend the Plan to clarify certain , administrative issues that arose in the request for determination from the Internal Revenue Service. iVOW, THEREFORE, BE !T ORDAIRIED BY THE TOWIV COUIUCIL OF THE TOWN OF VAIL, COLORADO THAT: 1} In consideration of the premises, the Plan is hereby amended as follows: Section 4.1, Contributions by the Employer for Full-Time Regular Employees, the last two (2) sentences shall be deleted. 4.1 Confributions by the Employer for Full-Time Reaular Employees. , The Employer shall contribute and pay into the Trust Fund for each pay period to the credit of the Employer Contributions Account of each Participant who is a Full- Time Regular Employee an amount equal to 11.15% of such ParticipanYs compensation for such pay period during the first year of employment and 16.15% of such Participant's compensation thereafter. Notwithstanding the foregoing, the rate of contribution of any such employee whose date of employment with the Employer was prior to June 1, 1986 will remain at 17.6%. The Employer shall make , payment of its contribution for each pay period in one sum as soon as practical after the end of such pay period. Such contribution shall be made in cash. 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. 1 Ordinance No. 1, Series of 1996 3) The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4) The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any F; ovision or any ordinance previously repealed or superseded unless expressfy stated herein. 5) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of January, 1996, and a public hearing shall be held on this Ordinance on the 16th day of January, 1996, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED OfV SECOND READING AND ORDERED PUBLISHED in full this 16th day of January, 1996. Sybill Navas, Mayor Pro-Tem ATTEST: ` Holly McCutcheon, Town Clerk C:\ORD96.1 '2 . Ordinance No. 1, Series of 1996 ' RESOLQ.DTIOIV iVO. 2 SER9ES OF 1996 A FtES0LUT90N DESIGN,4TING COLORADO NATIONAL BANIC AS A DEPOSITORV FOFi T'F9E Fl3NDS OF THE TOWN OF VAIL PENSIOIV PLAR9 AS PERM61'TED BV TIiE CH,4RTEF3 OF TFIE TOVIlN, VTS ORDIiVANCES, AND THE STAI'UTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions and money market accounts for funds of the Town; and WHEREAS, the Town wishes to designate Colorado National Bank as a depository for funds of the Town of Vail Pension Plan. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Colorado National Bank is hereby designated as a depository for the funds of the Town of Vail Pension Plan. 2. Steve Thompson, the Finance Director of the Town of Vail, or his successors, and Christine Anderson, Finance Controller of the Town of Vail, or her successor, are hereby authorized to open a money market account(s) in the name of the Town of Vail Pension Plan at Colorado National Bank. When an account with Colorado National Bank is liquidated, a check shall be made to the Town of Vail Pension Plan and mailed to 75 S. Frontage Road, Vail, Colorado 81657. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of January, 1996. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\RESOLU96.2 Resolution No. 2, Series of 1996 RESOLVJTION IVO. 3 SERIES OF 1996 A RESOLV.DToON DESBGNAT9NG COLORADO YVAT90NAL BANIC AS A DEPOSITORX FOR TF@E FUiVDS OF TB-GE 'd'OVI/N OF VASL 457 DEFERFiED COMPEIVSATION PLAN AS PERM9E64ME CHAF6TER OF THE TOWN, GTS ORDINANCES, ,4ND THE STe4TUTES OF TF9E ST,4TE OF COLOFiADO. WHEREAS, the Town has the power to designate banks or financial institutions and money market accounts for funds of the Town; and WHEREAS, the Town wishes to designate Colorado National Bank as a depository for funds of the Town of Vail 457 Deffered Compensation Plan. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Colorado National Bank is hereby designated as a depository for the funds of the Town of Vail 457 Deffered Compensation Plan. 2. Steve Thompson, the Finance Director of the Town of Vail, or his successors, and Christine Anderson, Finance Controller of the Town of Vail, or her successor, are hereby authorized to open a money market account(s) in the name of the Town of Vail 457 Deffered Compensation Plan at Colorado National Bank. When an account with Colorado National Bank is liquidated, a check shall be made to the Town of Vail Deffered Compensation Plan and mailed to 75 S. Frontage Road, Vail, Colorado 81657. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of January, 1996. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\RESOLU96.3 Resolution No. 3, Series of 1996 ~ TOWN GOUNGIL AGENDA REQUEST ' ~ (Request form m= be given to the Secretary to the Town Manager by 8:00 a.m. Thursdavs.) AAEETING DATE: Januarv 16. 1996 (Prepare a separate Agenda Request for each agenda itQm. II the agenda (tem will be discussed at boch a Work Session and an Evening Meeting, be ~ certain to check both boxes in this section and indicate [ime needed during each meeting.) Work Session TIME NEEDED: XX Site Visit TIME NEEDED: 30 min XX Evening Meeting TIME NEEDED: 20 inin WILL THERE BE A PRESEMTA7tON OPI THfS AGENDA ITEM BY NON-TOV STAFF1 NO. XX YES. Speci(ics: Andrew Abraham, ProJect Architect WILL THE PRESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENTI XX NO. YES. Specilics: WILL THERE BE PAATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEftfl? . N0. . XX YES. If yes,'is [he material also tor public distribution? Yes. XX NO. ITEMlfOPIC: An appeal to the Town Council, pursuant to Section 18.54.090 of the Municipal Code, of [he Design Review board decision to deny ?he Oleson/Volinn duplex separation request tor a proposed residence to be constructed on Lot 11, Resubdivision of Lot 7, Block 1, Vail Village 12th Filing/3275 K3tsos Ranch Road. ACTION REQUESTED OF COUNCIL: Uphold, overturn, or overturn with modificationS the Design Review Board's decision to deny the OlesoNVolinn duplex separation request. BACKGROUND RATIONALE: On December 20, 1995, the applicant met with the Design Review eoard to request a determination of significant site consiraints and the opportunity to separate the duplex structure proposed (or Lot 11, Biock t, Vail Viilage 121h Filing in accordance with Section 18.54.050(I) of [he Municipal Code (see attachment 1). Upon ceview by the DRB, a motion was made to deny the applicant's request since the DRB could not tind evidence of signitcant sile constraints. The motion passed unanimously (4-0). A letter (rom the applicant dated December 29, 1995, appealing the DRB decision, has been attached (see attachment 2). In the applicant's letter, he refers to the intent of the Design Review Guidelines (Section 18.54.010) as a possible basis for overturning the DRB decision. A copy of Section 18.54.010 irom the Municipal Code has been attached for reference (see attachment 3) STAFF RECOMMENDATION: Upon r8view o( the applicant's seraration request, staff recommends that the Town Council uphoid the DRB decision of December 20, 1995, of deniat. In sta(Ys opinion, the applicant has not demonstrated the existence o( signiticant site.constraints on the lot as required in Section 18.54.050(I) of the Municipal Code. Employee SignaturelDe aRment 1:`everyoneMouncilkequestableson.i i 8 r' . DESIGN REVIEW ~I ~ . 1. Duplea and primary/secondary development. I,. 1. The purpose of this section is to ensure that duplex ~ and primary/secondary development be designed in a ; manner that creates an architecturally integrated i structure with unified site development. Dwelling i uniis and garages shall be designed within a single . ~ structure, excepf as set forth in 18.04.050 1,2 thereof, ! with the use of unified architectural and landscape deSign. A single structure sha11 have common roofs and building walls that create enclosed space substan- tiaily above grade. Unified architectural and land- scape design shall include, but not be limited to, the use of compatible building materials, architectural styie, scale, roof forms, massing, architectural details, sice grading and landscape materials and features. The presence of siQnificant site constraints mav_ pea-mit the phvsical separation of units and garaQes on a site. The deiermination of whether or not a lot has significant site constraints shall be made bv the dmign review board. Significant site constraints shall be defined as natural features of a lot such as stands o~ mature trees, natural drainagesLstream courses artd other natural water features rock outcroppings, wetlands other natural features, and existing struc- ~ ttTes that may create practical difficulties in the site pFanning and development of a lot. Slope may be com-sidered a Dhvsical site constraint that allows for . thc. separation of a QaraQe from a unit. It shall be_the armlicant's responsibility to request a determination from the design review board as to whether or not a sift has significant site constraints before final desiQn . w,ork on the proiect is oresented This determination sbt2ll be made at a conc.eptual review of the proposal b,~zsed on review of the site a detailed survey of the ' Iea (to include information as outlined in Section 1$_54.040 C,1 a.) and a preliminary site plan of the . gwsaposed structure(s). The duplex and primarv/secondary development_ n=y be designed to accommodate the development of dwe-11inQ units and QaraQes in more than one so=cture if the design review board determines that sipmificant site constraints exist on the lot. The use of u=afied architectural and landscape design as outlined im. Section 18.54.050 H,1. shall be required for the dL-velopmcnt. In addition, the dcsign review board unay rcquire that one or more of thc following cmsnmon dcsign elcmcnu such as fcnces, walls, g7wios, decks, retaining walls, walkways, landscape cilcments, or other architectural features be incorpo- rmtzd cA crzate unified site dcveiopment (Ord. 46(,'2~1) 2. 3: Ord. 12(1988) § 2: Ord. 24(I985) § 1: Ord. 9(1985) NE 2, 3: Ord.39(1983) § 1.) Attachment. #1 303/949-5200 • FAX/949-5205 VICTOR MARK DONALDSON ARCHITECTS, P.C. ARCHITECTURE o PLANNING o INTERIORS Dox 5300 o Avon, Colorado 81620 12/29/95 The Vail Town Council via George Ruther, Planner Community Development 111 South Frontage Road West Vai(, Colorado ~ -4~ Re: Oleson / Volinn Residence 3275 Katsos Ranch Road D.EC g g 1995 Lot 11 Resubdivision of Lot 7, Block 1 o COMMa Vail Village, 12th Filing Dear Council Members: With the encouragement of the Design Review Board, we are making an appeal to the town council in accordance with section 18.54.090 of the Vail Municipal Code. On December 1, 1995 I met with George Ruther and reviewed the process of sub-dividing the site in accordance with section 18.12.050. This site complies with two of the three requirements to subdivide by having 202.72 linear feet of frontage and by easily holding two 80 foot wide squares within its boundaries. Although the site has over 45,000 square feet, preliminary calcu(ations show the buildable area at less than the 30,000 square feet required to subdivide. On December 20, 1995 we met with the Design Review Board to request a determination for site constraints and the opportunity to separate the two family residences zoned for lot 11 at 3275 Katsos Ranch Road in accordance with section 18.54.050 (I). Our request was denied noting that the slope was not extreme enough nor the existing grove of trees significant enough. Relativity aside, we understand the kind of precedent an approval would provide. We do not agree with the results based on the Intents established in the Vail Municipal Code under section 18.54A10. The objectives of design review shall be (paraphrased) as follows: A. Recognition of interdependence of welfare and aesthetics to benefit citizens and visitors. B. Development of property in harmony with desired character of town. C. Prevention of unnecessary destruction of natural landscape. D. Provision for a harmonious relationship between the residence with the immediate environment including natural landforms, native vegetation and existing and proposed developments. E. Protection of the neighboring property owners and provision of reasonable traffic, drainage, sound and sight buffers, and other similar effects. We can assume that the proposed residences will be designed and constructed in pursuit of the well-being of both citizens and visitors and with the appropriate appeal to fit within the immediate context of the Katsos Ranch Road as well as within the larger context of Vail (A). We can also assume through the design review process that the neighbors wi(I not be adversely affected by the product (E). Our appeal is based in the remaining three objectives which were significant factors in the development of the design concept. According to the records available from the community development office, the lot is significantly larger than all other lots on Katsos Ranch Road. (A list of the lot sizes are included in the attached information.) ATTACHMENT #2 . - . . . .M.., r . . _ . , . ' _ _ .v~._._..sa Taking into account the south-facing uphill slope, the design woutd naturally travel horizontally across the slope to minimize the number of floors moving up the slope. From the cul-de-sac the uphill duplex would appear inappropriate in scale to those at grade or stepping down the hillside to the south away from the road. The allowed GRFA for two dwellings on this site is 6867 square feet. Being larger than any other residence on Katsos Ranch Road, the massing for a duplex of this size would not be harmonious with the existing dwellings unless the new residences are separated. We would lilce to preserve the most mature trees located in the center of the site by building to the east and west of the trees. The central portion of the property also has the steepest change of grade between the road and both the property line and the setback line which are, respectively, 14 and 19 feet higher than the cul-de-sac. This slope encourages the street access locarions to be at the east and west ends of the site for economy and ease of construction. In response to the examples provided by the existing residences, the best location for the garages is immediately off of the street. To provide a driveway through the site to reach buildable area of less than 401/o slope on the west end as suggested at the concept design review would cause unnecessary destruction of the natural landscape. . We believe that in allowing for the separation of the two family residences, the town will be protecting an established and to date undisturbed grove of deciduous trees, undergrowth and previously fallen boulders as well as allowing the two new residences to be appropriately scaled to match the existing residences. The concept design presented is a sensitive and harmonious scheme that has been discussed with and encouraged by neighbors in hopes of preserving the views and limiting the site impact. If the site is granted a residential separation, we will design the two dwellings concurrently using a unified architectural and landscape vocabulary as described in the section 18.54.050 (n. We are content with the two residences allowed with one conditional Employee Housing Unit and are not seeking any additional residences or increased GRFA in the appeal. Although we understand that the Vail Municipal Code does not empower the Desigr? Review Board to grant a separation based on the established design review intents, we believe that this concept design is the most appropriate for the site and the neighborhood. T'hank you for reviewing our appeal. Please see the attached information as presented at the design review. We look focward to meeting with you and to working with the design review board on this project. Please contact me if you have any questions or concerns. Sincerely, - ~ tZ•z4•qs A rew James Abraham, Project Architect Victor Mark Donaldson Architects, P.C. ~ M54.010 Yntent. Vail is a town with a unique natural setting, internationally kmQ-wn for its natural beauty, alpine environment, and the camnpatibility of man-made structures with the environment. : • Tlsr-se characteristics have caused a significant number of visitors . to come to Vail with many visitors eventually becoming perma- - nema residents participating in community life. These factors constitute an important economic base for the tamsn, both for those who earn their living here and for those who _ vie-w the town as a precious physical possession. The town council frms3s that new development and redevelopment can have a substantial impact on the character of an area in which it is los:ated. Some harmful effects of one land use upon another can. beprevented through zoning, subdivision controls, and building cades_ Other aspects of development are more subtle and less . aamenable to exact 'rules put into operation without regard to sp=cific development proposals. Among these are the general foimi of the land before and after development, the spatial ~ re:ationships of structures and open spaces to land uses within the : I visinitv and the town, and the appearance of buildinQs and open I spaces as they contribute to the area as it is being developed and redeve3Eoped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the town council has =ated a design review board (DRB) and design criteria. Ttr-crefore, in order to preserve the natural beauty of the town ' and its settine, to protect the welfare of the community, to maintain the values created in the community, to protect and enilance land and property, for the promotion of healch, safety, aad gemeral \velfare in the community, and to attain the objectives ~ seY oula in this section; the improvement or alteration of open space, -exterior design of all new development, and all modifi- catioms to existing development shall be subject to desion review as specified in this chapter. It as the intent of these euidelines to leave as much design freedo,= as possible to the individual designer while at the same time rnaintaining the remarkable natural beauty of the area by creati=z structures which are desi2ned to complement both their ~ . individual sites and surroundings. Th= objectives of design review shall be as follow•s: A. Ta7 recognize the interdependence of the pubiic welfare and - aesahetics, and to provide a method by which this inter- dependence may continue to benefit its citizens and visitors; B_ Tm allow for the development of public and private property ubdch is in harmony with :he desired character of the town as degned by the guidelines herein provided; _ C. Tm prevent the unnecessary destruction or blighting of the namxral landscape; D. Tb~ ensure that the architectural design, location, configura- tiom materials, colors, and overall treatment of built-up and • og=n spaces have been designed sc that they relate harmo- riicmsly to the natural landforms and native vegetation, the , ta,m-n's overall appearance, with surrounding development anud with officially approved plans or guidelines, if any, for thv-- areas in which the structures are proposed to be located. E. TcDTrotect neighboring property owners and users by making sin-s- that reasonable provision has been made for such m2aters as pedestrian and vehicular traffic, surface water : . dr.ainage, sound and sight buffers, the preservation of light and air, and those aspects of desi2n not adequately covered by atlier regulations which may have substantial effects on neShboring ]and uses. . (Ord_. 39 (1983) § 1.) Attachment #3 ' _ , a ~ . . , . . . . . . , _ : , , . . . , w ~ ~ - ~ ~ - _ . ' • . ~ • ~I'' - - - . - , ; n .I . .~.r~ , • ~ . ~ .w 7R4C7 A . ~ ~ . ( I ~ ~ TR.4CT B , . . ~ . i ~ ~ \ . . • ~ . . ~ - _ ` . . . . ~ ` . . _ . . . . ' ~ . . ~ ' - ~i • ~ • ~ . . ~ ~ ' ` . . . : . ~ . . . . . . . ~ . . ~ ' . . . ~ ~ . . . . . . . . ~ ~ , , . ` ~ . . ' YW ~ _ ~ . . ~ ~ . . . . ~ _ . . . . . . . . ` . ` . . , . ' . " . - , ~ . - - ~ y U . y~. - - - . - - , . , . . . . . ' . ` , ^ ` . . , \ . ' , . . . . ` ~ . . 61TE CR038-SECTION . , ~ ecKe. r . ~ . ` , , . . . . - . 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" ' ' _ ¢ 1 wM~.~Mw 1~ 0 WE9t DUIELLINCs EAST DWELLMG i SITE GR033-SEGTIGN 90UtN ELEvA?ION ~s190UtH ELEvATiON 0C1L- ec.a~e~ r.~? eca~e~ r. a~~ I~~I I ~ P l OFtDIRIANCE P10. 2 Series of 1996 AN 0RDINANCE AMENDING A SPEC9AL DEVELOPMENT DISTRICT - SDD No. 30, THE VABL ATHLET9C C~~B AND AMENDIfVG TFiE DEVELOPIIAEIVT PLAN IIV ACCOFiDANCE WlTH CHAPTER 18.40 OF THE VAVL MUNICIPs4L CODE AIVD SETTNV(a FORTH DETAIL.S IN RECaARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development Districts within the Town; and WHEREAS, the developer and applicant, JWT 1987 Vail Limited Partnership (aka The Vail ` Athletic Club), has submitted an application for a Major Special Development District Amendment for a certain parcel of property within the Town, known as the Vail Athletic Club and as Special Development District No. 30 ("SDD No. 30"); and WHEREAS, the Major Special Development District Amendment for SDD No. 30 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the amendment to the SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, 'and visitors to amend SDD No. 30. NOW, THEREFORE, BE IT ORDAINED BY THE TOWfV COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled. Planninq Commission Report. The review procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed amendment to the development plan for SDD No. 30. Section 2. Special Development District No. 30. SDD No. 30 and the amended development plan therefore, are hereby approved for the redevelopment of The Vail Athletic Club. Section 3. Purpose SDD No. 30 is established to insure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets the design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff memorandum dated September 27, Ordinance No. 2 1 Series of 1996 1 1993, there are significant aspects of SDD No. 30 which are difficult to satiSfy through the imposition of the standards of the Public Accommodation Zone District. SDD No. 30 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. SDD No. 30 provides an appropriate development plan that maintains the unique character of this site and the surrounding area. Section 4. Development Plan A. The amended development plan far SDD No. 30 is approved and shall constitute the plan for development within the Special Development District. The amended development plan is comprised of those plans submitted by the developer/applicant and consists of the following documents: 1. Site Plan and Landscape Plan by Michael Barclay, Project Architect, dated. November 11, 1995. 2. Survey completed by Inter-Mountain Engineering dated June 8, 1993. 3. Building Elevations by Michael Barclay, Project Architecf, dated December 15, 1995, (Sheets A-10 and A-11). 4. Floor plans by Michael Barclay, Project Architect, dated November 11, 1995, (Lower Health Club, Upper Health Club, First Floor Plan, Second Floor Plan, Third Floor Plan and Fourth Floor Plan). 5. Building Sections by Michael Barclay, Project Architect, dated November 11, 1995. 6. Shadow Studies fior September 21 st and December 21 st by Michael Barclay, Project Architect; dated November 11, 1995. 7. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shall adhere to the following: 1. Lot Size: 30,486 square feet. 2. Permitted Uses: a. Accommodation Units. b. Dwelling Units. c. Employee Housing Units. d. Health Club. e. RestauranURetail. 3. AccessorkUses: All other uses accessory or incidental to the allowed uses. Ordinance No. 2 ' 2 Series of 1996 a 4. Setbacks: The setbacks shall be those shown on the site plan. 5. Desitv: Approval of this development plan shall permit fifty-five (55) Accommodation Units (AU), four (4) Dwelling Units (DU) (two with lock-offs) and four (4) Type IV Employee Housing Units. The developer shall permanently restrict the approved 55 AU's as short-term rentai units and the 55 AU's shall not be subdivided.in the future to allow for individual ownership. The Condominium Declarations shall be amended to include this restriction before an occupancy permit will be released for the project. 6. Building Heiaht: Building height shall be as indicated on the elevations. 7. Parkina: A minimum of twenty-four (24) valet parking spaces shall be provided within the existing parking structure. The developer agrees that the area adjacent to the parking structure's entry, and the area adjacent to the main entry to the hotel (on East Meadow Drive), shall be designated and used for short-term drop-off and Ioading/delivery use only. 8. GRFA / Common Area: The total GRFA allowed shall be 34,505 square feet: with 24,898 square feet for Accommodation Units; 8,312 square feet for Dwelling Units; and 1,295 square feet for Employee Housing Units. Additionally, the total common area allowed shall be 15,054 square feet. 9. Site Coverage: The site coverage shall be as indicated on the Site Plan and Floor Plans. 10. Em I~oyee Housing: The developer shall provide four (4) Type IV Employee Housing Units on-site, which shall be restricted per Chapter 18.57 of the Town of Vail Municipal Code prior to the release of any Building Permits for the project. Additionally, the developer shall provide one one-bedroom employee housing unit and one two-bedroom employee housing unit. These employee housing units shall be located off-site, shall be located within the Town of Vail municipal boundary and shall be restricted per Chapter 18.57 of the Town of Vail Municipal Code. The employee housing restriction ' Ordinance No. 2 3 Series of 1996 agreement shall be signed and submitted to the staff for approval before a Building Permit will be released for the project. The units shall meet the minimum standards according to Chapter 18.57 of the Town of Vail Municipal Code. 11. Landscapina: The area of the site to be landscaped shall be as indicated on the landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their review and approval. The developer shall design and provide a landscape plan to the DRB. Upon DRB approval, the developer shall finance and construct the approved landscaping, generally located on the south side of the building (between the building and the streamwalk). This work includes improving and allowing public access through the propertv via the existing bridge and path on the southwest corner of the building and removing the existing sod and reseeding the area with a natural grass seed mix and possibly adding additional planting. This area is just south of the willows, adjacent to the Vail Athletic Club, and extends south to the streamwalk. The . developer shall maintain this area in perpetuity. 12. Streetscape: The developer shall finance and construct a heated concrete unit paver walkway and . lighting according to the Town of Vaif Streetscape Master Plan, parallel to both the northern and eastern property boundaries of the Vail Athletic Club property, continuing south on the west side of Vail Valley Drive. The walkway will extend across the Gore Creek Bridge as indicated on the Site/Landscape Plan, however, the walkway on the bridge will not be heated nor will the bridge be widened by the developer. At this time, it is anticipated that significant reconstruction of Vail Valley Drive will occur with the redevelopment of the Golden Peak Ski Base. All streetscape improvements shall be coordinated with the Town Engineer. In addition, the developer shall provide a plan to the Design Review Board for their review and approval, which shall improve the signage, landscaping and general pedestrian character of East Meadow Drive, particularly as it intersects with Vail Valley Drive. The objective of this effort is to not only improve the pedestrian character of this area, but ta also deter unnecessary vehicular traffic from entering East Meadow Drive. The developer shall finance and construct such improvements with the project. Ordinance No. 2 4 Series of 1996 D a Stamped engineered drawings shall be submitted for these improvements to the Town of Vail Engineer for approval, prior to the release of any Building Permit(s) for the project. The developer shall maintain the sidewalk, lighting and other streetscape improvements in perpetuity. 13. Design Requirements: At the time of the DRB submittal, the developer shall submit drawings with architectural details of the building. Section 5. Conditions 1. That the applicant permanently deed restrict the 55 accommodation units as short-term rental units, and that the 55 accommodation units shall not be subdivided in the future to allow for individual ownership. The condominium declarations for the Vail Athletic Club shall be amended to include this requirement. These items shall be completed prior to the Town's release of any occupancy permits for the building. 2. The applicant shall execute and have recorded at the Eagle County Clerk and Recorder's Office, the Town's Type IV Employee Housing Agreement for the four employee housing units proposed in the structure. This shall be required prior to the Town's release of any occupancy permits for the building. , 3. Construction drawings, for all the site plan ni ng/st reetscape improvements included as a part of this project, shall be submitted for the review and approval by the Town Engineer. This shall be required prior to final review by the Design Review Board. 4. That the proposed oversized shingles • not be used as the exterior siding materials for the building and that the applicant use siding materials such as stucco, wood and stone, subject to final Design Review Board review and approval. 5. That all the deck rails and the exterior siding of the building be consistent with regard to design, material and color, and that this requirement shall include the two existing condominiums on the third and fourth floors of the building. 6. That all the provisions stated in Ordinance No. 27, Series of 1993, be met in full and be included as a part of this amendment to the SDD. Section 6. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing 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 to be approved by the Town Council Ordinance No. 2 CJ Series of 1996 , after the above procedure has been followed. The Communiry Development Department shall determine what constitutes a change in the substance of the development plan. Section 7. Expiration ~ The developer must begin construction of the Special Development District within three (3) years from the time of this Major SDD Amendment, and continue diligently toward completion of the project. The developer must meet the requirements of Section 18.40.120 of the Municipal Code of the Town of Vail. Section 8 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 lhereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance previously repealed or superseded unless stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1996, and a public hearing shall be held on this Ordinance on the day of 1996, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Bab Armour, Mayor , Attest: Holly McCutcheon, Town Clerk Ordinance No. 2 6 Series of 1996 tl 0 READ, AND APPROVED ON SECOIVD READING AND ORDERED PUBLISHED IN FULL this day of _ . 1996. Bob Armour, Mayor . Attest: . p Holly McCutcheon, Town Clerk Ordinance No. 2 7 Series of 1996 e i e i i v / F/ / / ~kJiV /Gc ;LlI,G\r/~VIX ~ /A lt / P / LL LTRJ'LL ' /ii/i i, iiii i/ i i//i ///////i ii:• i q~ ~ //////////i////////////i . ' • C,, ' • / / / / / ! / : i / / / / / / / / / : / / / / / : i ! . ! / / / / / / / / / / / / i . iii:• iiiiiii iii ,2'•' ii i:..~~/iiiiii~~iiiiiiiii~.,;~i/iiii/iiiii . 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MRRpRS ~/6i67SY~~Y{i~pSif/Od1WIO REVISIONSi Dflp~7 970 949-9200 - LOT s' / I ?HJf 910-S20S ~ 3275 XATSOS RANCH ROAD VALL, COLORADD or ~ MENflORANDIJM RLIM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 8, 1996 SUBJECT: A request for a building height variance to allow for a residence, currently under construction, to exceed the height limitations of the Zoning Ordinance. The residence is located at 1339 Westhaven Circle/Lot 23, , Glen Lyon Subdivision (SDD#4). Applicant: Bill Anderson, representing Mr. & Mrs. Hovey Planner: Randy Stouder 1. DESCFi@PTGON OF THE REQUEST The applicant is in the process of constructing a residence on Lot 23, Glen Lyon Subdivision. The Improvement Location Certificate (ILC) submitted by the applicant indicates that sections of three separate roof ridges were constructed at heights exceeding the 33-foot height restriction for structures constructed in the Primary/Secondary Zone District. The ridges in question are labeled A, B and C; starting at the lowest of the ridges_and going up to the highest. See the attached site plan and elevation drawings. According to the interpolated existing grades provided by Intermountain Engineering (based on the original topographic survey), and the ridge height figures provided by Eagle Valley Surveying (ILC), ridges A, B and C were constructed 8.4 inches higher than the 33-foot height limitation. The applicant is requesting a variance to retain the roof ridges at the existing, constructed heights. Thus, 4he applicant is requesting a variance of 8.4 inches to the 33-foot height limitation. VV. CRBTERBA AND EIfVDINGS Upon review of the Criteria and Findings for variances, contained in Section 18.62.060 of the Vail Municipal Code, the Community Development Department recommends denial of the requested height variance based on the following factors: A. Consideration of Factors: 1. The relationship of the requested variance to other existing or po4ential uses and structures in the vicinity. The requested variance will have little or no impact on adjacent properties and structures. The portions of roof ridges that exceed 33 feet are very short and the height exceedances are small. All of the ridges are 8.4 inches over the 33-foot.limitation for a length of less than 5 lineal feet. 1 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve " compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege The applicant's statement indicates that the height exceedances occurred . as a result of dimensional changes that were made in the floor structure and roof structure. These two structural changes increased the thickness of the floors and the height of the roof structure. Compensating changes could have been made to the interior floor to ceiling heights that would have alleviated the height problem with negligible impact to the interior . spaces. The floor to ceiling heights were not adjusted accordingly. Staff believes that approving the variance would be a grant of special privilege that coulci open the door to similar, after-the-fact requests. Staff . a - believes it is important to strictly enforce the 33-foot height limitation in order to maintain the integrity of the height regulation. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The requested variance will have'no effect on this criteria. B. The Planninq and Environmental Commission shall make the followingfindings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting af the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives, of this title. b. There are exreptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 2 1189. STAFF RECOMMENDATION Staff recommends that the PEC deny the requested variance. Staff believes that granting the height variance would not be materially injurious to other properties in the vicinity or to the public health, safety and welfare. However, staff believes that the variance would be a grant of special privilege since there does not appear to be any unusual circumstances unique to the property, or the construction process, that would justify the request. Staff believes that the strict and literal interpretation of the height limitation is necessary to ensure that all residential construction in ihis zone district is subject to the same height restriction. If the PEC denies the requested variance, staff recommends that the height problem be remedied as follows: 1. The applicant shall submit a re-designed roof plan to the Design Review Board no later than January 22nd. 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UAus ~ 0 15.2 O ~ . p 26.o 16.0 . 0 8125.5 • ^ ~ 147.1 ~ ) A ~ N t 8132.4 .co O 8135.0 2 2.Ox8.0 ~ . ~ 1.5 STORY 8149.1 '/x ~ OVERHANG ~ 212 MULTI-LEVEL p 4 WOOD FRAME HOUSE ~ 00 O 15.4 UNDER CONSTRUCTION)f e147•1 ~ ~ 1339 WESTHAVEN CIRCLE 4.0 16.7 CY) MO N 0.5 N _8149,0 ~ Cn ~ 15.0 W. x8150. O 2°.° LO ~ 8146.9 ¦ 81 49.0 O 1)5 4.5 0.7' CONCRETE, RETAINING WALL N N ~ , .ia1.5 ~ UTILITY & 15.0 ~ DRAINAGE , P" EASEMENT 0 ot . LOT 23 ~ ~ 0.5175 ACRES • \ . ~ o ~ ~ ~r 18 0 1 15.0 ~ ~ _-b 0 ~ ~ 1 ca,f s . ~ HOVEY RESIDENCE VARIANCE - ` Lot 23,. Glen Lyon Subdivision 1339 Westhaven Circle Vail, Colorado The variance requested is a height var:iance as it relates to the thirty-three ~ foot (33'-0") maximum building height for structures in a duplex zone district. The subject project is a.single family residence at 1339 Westhaven Circle, Glen Lyon Subdivision, SDD No. 4, Area C, Glen Lyon.Duplex Lots. The current Improvement Location Certificate (ILC) by Eagle Valley Surveying, Inc., Job No. 2242, dated 11-29=95, indicates minimal encroachment in three roof areas: (Also see attachments.) r A. 7" to 0" for a lineal distance of 4'-0" at the third floor, north bedroom north wall dormer. (8147,1 per ILC vs. interpolated 8113.5 per original topographical survey by Intermountain Engineering, Ltd., Project No. 94856S,.dated 11-4-94.) B. 7" to 0" for a lineal distance of 3'-0" at the third floor hip ridge, north bedroom. (8149.1 ILC vs. iterpolated 8115.5.) . C. 13" to 0" for a lineal distance of 5'-0" at the third floor highest roof ridge. (8150.6 ILC vs.:interpolated 8116.5..) Design Review Phase ridge line elevations were "best estimate" vertical dimen- sions prior to str.uctural engineering and construction phase detailing. The ridge elevations were related.to an enlar.ged, interpolated tapographical survey provided by Intermountain Engineering, Ltd. The third floor, north bedroom hip roof was incorporated into the design to bring the roof into compliance at',.DRB stage. • The applicant acknowledges the TL;C encroachment and has attempted to determine areas where the discrepancy occured. In addition to slight dimensional variances which may commonly occur during in-field construction, two areas of height in- crease have been determined: 1. Increase in depth of floor framing members/plywood subfloor to support radiant heating topping slab. (From 10" to 12 5/8".) This dimension applied to two floors results in a total increase of 5 1/4". 2. Increase in roof truss top chord vertical height per truss manufac-turer's shop drawings. This occurred during the construction phase and was required to maintain-typical fascia depth/detailing throughout the pro- ject. -(From-6 1/16" assumed 2x6 to 9-13/16".) This results in an in- crease of 3 3/4". The above two areas result in a total increase of 9"'to the height of the building. Page-.1 :of 2 e y The project is located in a Debris Flow Hazard Zone and the owner requested that appropriate mitigation measures be incorporated into the design> The design "tucks" the south facing, up-hill side of the residence and mitigation walls into the site to create as little site disturbance as possible and yet maintain the mitigation standards.of the consulting geologist and the views and natural light requests of the ownere Preserving the south portion of the site and saving as many trees as possible were requirements of the DRB at approval stages. Had potential minor dimensional increases been deemed to pose a problem, the lower level slab elevation could have been lowered a foot or so, thus lowering the total height of the structure as it relqtes to original natural grade. However, this most likely would have resulted in higher exposed mitigation walls on the south side of the structure and/or increased regrading on the up- f:ill side with resultant loss of trees. It is the applicant's wish to request.~a height variance in order to maintain the existing, DRB approved design integrity and detailing of the residence. We feel that maintaining the current aesthetics of the building out-weigh the minor encroachments. The encroachments were in no way intentional, nor do they benefit the owner or detract from neighboring propertiese APPLICATION ITEMS TO BE ADDRESSED: , 1. The subject project is a single family residence loca.ted in an area of large duplex residencese. The structure already presents less of- a visual impact than adjacent properties and the requested variance would not have detrimentaT affects on any existing or potential uses and structureso (See attached photose) 2. The granting of the variance would not constitute special priviledge, since similar residential issues and encroachments have previously been granted variances in.order to maintain the best interests of a particular project and adjacent areas. 3> and 4e The granting of the -variance will have no affect on light and air, distribution of population, transportation,•traffic facil- ities, utilities, public.safety and Vail's Comprehensive Plane , Page 2 of 2 PLANNING AND ENVIRONMENTAL COMMISSION January 8, 1996 Minutes MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Greg Moffet Jeff Bowen Mike Mollica Greg Amsden Dalton Williams George Ruther Kevin Deighan - Randy Stouder 'Henry Pratt Lauren Waterton Judy Rodriguez Public Hearina 2:00 p.m. The meeting was called to order by Greg Moffet at 2:05 p.m. Dalton Williams and Jeff Bowen were absent. 1. A request for a Major SDD Amendment to allow for a 485 square foot addition to an existing condominium in the Gateway Building located at 12 Vail Road, Unit SNail Gateway Plaza Building. Applicant: Steve Riden representing Vail Apartments Inc. Planner: Randy Stouder Henry Pratt moved to table item No. 1, item No. 4 and item No. 5 until January 22, 1996. Greg Amsden seconded the motion. It passed unanimously by a vote of 4-0. 2. A request for a building height variance to allow for a residence currently under construction to exceed the height limit located at 1339 Westhaven Circle/Lot 23, Glen Lyon Subdivision (SDD #4). . Applicant: Bill Anderson representing Mr. and Mrs. Charles Hovey Planner: Randy Stouder Randy Stouder gave an overview of the proposal. He stated that staff had reviewed the variance criteria carefully and found that justification for granting the variance was lacking. According to the applicant, depth was added to the floors and to the roof structure during the construction process without compensating reductions in the height of the structure. Staff felt that the structural changes could have been compensated for by reducing floor to ceiling heights. This was not done. Randy stated that the variance request should be denied because staff finds that approval would be a grant of special privilege. Planning and Environmental Commission Minutes 7anuary 8, 1996 1 a a Bill Anderson from Beck and Associates referred to a situation in East Vail where a house was 3' over the height limit and was granted a height variance. He was on the PEC at the time. He stated that the surveyor made a mistake which resulted in the height increase. He felt that the mistake made on the Hovey residence was no different than the mistake made on the East Vail residence, both were honest mistakes. He stated that the Hovey's had nothing to gain from the mistake. Bill said that he had contacted the adjoining property owners. The adjacent owners did not have any problems with • granting a variance. They did not feel impacted by the additional height. Greg Moffet asked for public comment. No one came forward. . Henry Pratt said although the impact is negligible and the neighbors don't care, he feels handcuffed since the Findings are not met. Greg Amsden said for practical reasons that the variance should be granted, but based on Code, it would definitely be a grant of special privilege. He felt that he could not grant a variance based on a _review of the criteria and findings. . P Kevin Deighan said he agreed with Greg Amsden's comments. Greg Moffet asked if an ILC was performed after the foundation was poured. He also asked if this • mistake would have been caught by an ILC at that stage? Bill said no, that structural elements above the foundation had been changed and this caused the height increase. Dave Peel said they went from a 10" floor to 11 7/8". He also explained how the roof structure was modified slightly, resulting in additional height. Greg Moffet said that the height problem wras a self imposed hardship and the Board could not grant a variance. Bill Anderson mentioned that for on-site construction mistakes that the Board has granted variances in the past. Randy Stouder said the East Vail variance was for the Musyl home. That variance was granted because of a surveyor error. The surveyor used an improper benchmark. Staff recommended denial even though the entire roof of the structure would have had to be .taken off. The PEC did grant that variance. Henry Pratt asked if there had been any other height variances granted recently: Randy Stouder said that the Musyl variance was the only one he could recall in the two years he has been with the Town. Mike Mollica stated that each variance request has to stand on its own merits and should be judged individually. Mike Mollica also doesn't remember any other similar requests being granted. Bill Anderson stated that if this variance was granted that it would not set a precedent for more variance requests, at least not by him or his company. Beck and Associates has a long track history Planning and Environmental Commission Minutes 7anuary S, 1996 2 ! for being on target with heights and setbacks. We screwed up and made a mistake. He does not want to tear up the roof and destroy the architecYs design. He asked the Board to look at the request with some.common sense. No one has been adversely effected and no one has gained anything from the small height increase. Greg Amsden made a motion for denial of the variance request. Henry Pratt seconded the motion. It passed unanimously with a vote of 4-0. Mike Mollica added for the record that the applicant has 10 days to submit a written request for an appeal to Council. He also said that Council uses the same criteria and findings that the PEC uses. Bill Anderson stated that the Hoveys want to move in by March 1, 1996 and asked if he could get a TCO by posting a bond to guarantee that the height overage would be corrected. He did not feel that ' y the work could be completed prior to March 1. Mike Mollica said he would be comfortable with bonding. 3. A request f wall lieight variances and a driveway grade variance r the Koenig residence located at 79 Potato Patch Drive/L.ot 26, Vail Potato Patch Su ivision. Applicant: Er Johnson for Gary Koenig Planner: Geo e Ruther . George Ruther gave an overvi and quickly went throu the items the applicant changed since the December 11 th meeting. Public orks suggested a 2' ravel shoulder to be replaced with a guardrail since~the shoulder could not maint ' a safe slope t he street. Staff does not feel there would be any impacts if the variances are granted. taff does feel the driveway would have any negative impacts either. Staff has the greatest c ncern th item 2 of, the Criteria. The hardship is self imposed by the Contractor. Staff is recommendin e' I because of a grant of special.privilege. George then went over the conditions in the memorandu , should the PEC grant the request of the variances. Ray Coutash, owner of Beehive Constr tion a representing the Koenigs and Dowlings, owners. He requested the variance be granted b ed on the ndscape changes to save the trees. One other hardship shows the surveyor made mistake and i wasn't discovered until after the fact. This is the first time he heard about the guar rail. The utilities r where the guardrail is proposed and he would prefer plantings, rather than er /ting a guardrail. / - Greg Moffet asked for publi input. Henry Pratt said agai racticality should rule rather than the le er of the law. A lack of a shoulder is a serious issue for th own. The driveway can be remedied. Pro ' ing a variance wouldn't do anything for the walls. Th e has been an effort ta remedy the landscape. nry is not optimistic about the wall variance, how er. Greg Am en said preservation of trees is not justification for granting the ariance. There are some site res aints for the wall height variance. The driveway is a grant of specia rivilege. Planning and Environmental Commission Minutes January 8, 1996 3 Jnli- ~:+-yU :uL .C-Do OLVt, llcYV r.JAV•,.:ri.C.a rnt1'tV, JUJ.i~1J'IJJ;; U. ~ ~ a&nuazy Q, 1996 Tmwn of dail LkIpar4tncng of Community Mvelopmeng 75 South Prontne izoad wesg Vail, CO. 81657 PAxe 479-2452 Attention: Randy S2oudeg - Revised 1-leae Randy: A3 a resale of muP denia,l by PEC, for a height da.riance ac 1339 Wosthavect Circle/I.ot 23y tilen Lyon Subdibisiora (SDD #4)_ gAm reqtaesting a work xssiun uvlth the I'own Council a~ ~e cU1ie.St fime available. ASain, oug amWnB is to have the oppvPtunitY tO Preseat and discuss Phe heighk probleiii in an anforu'~s1 tnetting. We, gftl this would be a much better atmosphcrg fur agive and g~ ~nvecesati~l. We hxde Wse asi-ed Bntcrmovntaiu Engil]eeF1IIg ta review their arigiflal topo survcy, ju9e as a tiip1e, 6hECk, Si ~lY, ~ • ~ 13ill AndetSofl PYOject liRwmgep Bwk arid Associatesy Inc, . 1BA/di ~ SENT BY: 1-11-96 ; 1:23PM ;VAIL VALiEY FNDATION- 3034792157;# 9/14 . . RE5~~~SE REQ~~~~~D ~~CFJVEDo jM 2 M . VAMVAUM . . '1'0: Vail'I'owa Comcil: Bob Arffiour a ~ Kevm Foley Maqdrnmaawmaio Ftob Fmrd &W °~sy of 40 gw Nke Jewett 4.,vaul Johnnon ' Sybi M olr~m ll ATsVas Peggy Osterfoss 14mn'&7I1 I;rrnN R.I'vmnl . IGllu'd I:'.liarrrlt ' i.+-~ n, inu•b Feoffi 7mhn Gmrngery/Mml Velley FoundRfn4n muAiaH• 1. Ndl . c'raq;M;11qml Re. Fl1tllIB mf MU1111Y81Y1 Blking Jnnb•d IL.n'y (:iSuLi la4 irmLy • . Audmv l'. A.* , II.ILapmin IYukr.Jr- l lum Il. l•'nnmtmI. III You mny aocall khat the 1Jail Vallay's future involvemeut in the sport pf mountmin Jnhn f irore.n . r.,,~~~~ N, ~.aa,i.~r_ b~mg is unc~rtam as Vail was ncn an the World Cup or AIORHA Adatinnal `:`°a'.•, Chaffipinnslsips Series acbedule for the upcomaig summea. Il'I~ R.Ii11b:I1Y'NIF•f:4weN. IIaL~r ' M;ntl;i 11~5a1 'I'hia tace sierota in par¢ E3mm a vsriety of an-goiuS stansaYShip rela¢ed con4licxs weth ATORBA, whiah oame to a be,ed follovhng lest s,rnmse s American Cycle Cleiic. Lu•k 6.:u,n Itnn7 k, k iahc HoBVever, in the past several weeks, we have xeceived en m4urrY fFam It10RBA 1•ilxhw~i!k~MI.F;o~rrifux . officws raletitre to Vd's mterests in posmbly hosiag the 1996 Pan American RalniN 1' •:9i6•i ClammpionsWps this coming July. We Lave told AIORBA ehat we evc71 have s fmal , €mavacr faa thom dtiumg the dveek of Jmuary 15 anai sve would wdwma sny iaput that you anigh4 have adOve to 46i8 rnattCr. • 7'k`o Ftan Am Chsmpion"s 9ave beea in cxistsuce for the past fowr vears. although r:R,~~ d rarr ehey hnve meerr.r 'Amred the gamnc wrt of p+adibility 9n& appeal mf e4l?er Psn Amdericaa PLY) xi7onrnrsa.sc; 9p y,~m$s. ~'ha o~as U.S.~ho~ad evenea ea Tcavase C' Miohi ce~.r;,,•~ai ~ Pravi ~ty, gan aad Sqtaaw ilgey, C&lifbrnia have traditionsily be(n hcld 'm conjunction wkh another AuinimR srr c•rd.,M ~~~Aevent. The Pan Am Chempionships have elso beea traditianally an indibidual rlsnioiAe Matd cn) competi¢[ma. rathe.s thm a aattional taam event. suah as the World Chsmpiflnsbips. Ynif /u/nwfirniM siio.,,ro nrikmn NO~A has patstuted us wfih two po&%1le sacuarioa 'b'he fir5t wWd be sehedulcd G,,,w M. A.'q fos luty aaa i aud would consitt of the Pan Am Championships cross aounny, a ""1;0"k"1° ATOIBet Maeioml C6amvionships Serie9 dovvnbill ead a citi7eu'9 duel sWom. tu,rjfn, M.• hra„. Coinbining the Pan Anu9 uvlth a MeeiuneY Chempianships Series event would mcrease audy1ndaisLoi our oamp¢tetos ammbege, along with the expo eud teoh partioipation, alrhnugh eve ,s.'H IrivMMv,rntrrix wou&d cnce agin 6e subj= to dealmg with NORBA's sgonsorship rearec[ipns, 114, tit; ( 3ncN'uwbiM P.O. Hroc3Q9 ' - YiuL Cdrnado 81nM . 91(Wq;rl999 Fmx e70 94aM A Wmafu S71 h1 fSl . Nc~WpBl Cmyomtim SENT BY: 1-11-96 ; 1:23PM ;VAIL VALL.EY FNDATION- 3034792157;#10/14 • 'Il'he seCO]ldl samarla wpul$ be wheduled fpr Ju1y 27~28 and would r,onsis4 ofthc Pan Ameeacan oioss coaemtry eroent, aYong writh a akizen's down6ill and dual, slalom, f3ur ftcling is that our campctator uumbcrs and expvfterlb panicipatim wouW decresse without the A[ariQaal Champiouships 5eries tunuerlion, and that the nteaip attantion would be drestieelly affepted as thc datea sac just ffrnu days prior to thc dlvMpic mouatani bika event. Aa With QhC 1994 dVorld Chempianships~ rhe Vail yal.ley Fotrnda4ior wrduld bc totally responsa'blc ior aBl thc apansvrsbip 6B4e&, ' Tbe VaH Valley Foundataon., iia conjunction writh thc T'mvm of Vei and Vail Associaces. has made n mbetmktial comtxibulion en the i/ail Valley cmxmmLnity pver the past fuur years tb.rough motuaID titking. The 4nrents ieave aiost cestainly cWmauced the !!al Vallcy economy durmg ahe summer months. while alsu servme as a uue grgeq rooee program. However, mrnmtain biking has bcm a break cvcn propositivn for thc Foemdation, while \/eil Assmcaates end 4he 1"own of V'aA have algo con4ributed a great deal of cash and in-land ~rvioea 7'slsJug all chese faocars inco aeooubt, rhe'Vai11lalley Foundatiun s4aff is icwrng toevard discondnumg mmmtain bidEg bath for tlle camlug summer and on the fiunue, especially considering tLe possgffiy of a majar Aolff toemiament looming on ihe horiaon in 1997 end the 1999 Wnrld ChampionskriQs. , Hgwmef, wc vvsnt to be compleRoly m~rv that this is the cvtroct decisioa. We would welcome any iuput you have aa your eafllost conveaience. Oncc agaiu; we must mfoam NpRBA oC our decisian duaIDg the week o$'Jaauaty 15. TLn1c ymu foir your time and eonsideaatioa in'this matter. 1 ~ . , ~ . . . TourN o~ VAIL . ~ ~ . rnPuti~quiry Response Record The attached comments were recently receiweci by the Tornrrt of Vai,L yye encourage VaiI residents and guests to give us such input agtd x+e st~ve for timely responses, pLEASE ADDRESS THESE CONCERNS Wn'giIlV FIVg tiyORKNG DAXS AIVD R.MURN THIS COMPLETID FORM TO PAM BRAIVDMEYEIL . DEPART1~1T'TOHAI~IDLEIIVQUIIZY . ` IIVDNIDUAL TO HAiNDLE INQUIRY • DATE TOV RECEIVED IlVPUT/INQLTBZY l' l t' R~O TYPE OF INPUi'/ ~ nTTTRV; . . PHONE CALL (indicate date) . LEITEIZ (attached) ~-~U~I,~a, &k 114-1 RESPONSE CARD (attached) TYPE OF RE-7ON5.(c eck one): LE= (attach copy) , PHQNE CALL (indicate date) . BRIEF SU IMyLARY OF RESPniVS OR ANSWIIZ TO TiVOtJIRY: DAc OF RE;PONSE FOIZM R.EI'LTRN-ID BY DII'ARTZML~-T TO PAM BRANDIFZ: A cooy of ;hiy inquirv ind Eortn wiIl rrmain on file at the TO V Cartmuni(y Krlations offica As soon ss this form is returned bo ?xn • 8nndc:teyer, this inquiry :vill be oonsidered dased. • i:-~+.V<'ICCt=ORYCtR YE-r.h~DL..'VGOFT'r~1S~S'~."'c. C"rYOUf~.AVE:INYQClF3'TI0N5..°LEASEF'r.:.i.r'...~t-0 GotirnACi ~ wWW Server for Vail, 06:47 PM 111196 , Information Request 1 Return-Path: <www> X-UIDL: 820798301.001 Date: Mon, 1 Jan 96 18:47:47 MST From: www (wWw Server for Vailnet) To: ssilver@vail.net Subject: Information Request fname = Nicholas lname = Frain mail = 1301 Polk Street city = Indianapolis state = IN zip = 46202 country = USA phone = 317-638-7902 f ax = email =.102002.3074Qcompuserve.com_ recipient = tov@vail.net content = To Whom It May Concern, I have organized a ski trip for several men to Vail. This group picks a place to ski every year and this year we decided it would be you. We are hoping to have a good time. However, I am already unhappy about the decision by whomever to add a 0.5% tax on the lodging which has been paid for already. This is not the way to win over skiers who have a wide variety of areas to choose from throughout the country! The money is not the issue here it is the principle. If I have my choice I will not pay your retroactive tax/fee. Further, if it shows on my credit card I will dissuade my group from Vail in the future. Cuncerned, Nicholas J.Frain Stayinq at Vantage Point Printed for ssilver@vail.net (Suzanne Silverthorn) 1 dd eb TOWN OF VAIL 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 970-479-2105/Fax 970-479-2157 Ml E l V I[OR41 ~DUN I[ TO: Vail Town Council ]H'R: Bob McLaurin, Town Manager RlE: Town Manager's Report DT: January 16, 1996 Communit Task Force U date The TOV/VA Community Task Force continues to meet and make progress on several fronts. As we have discussed, the Vail Host Program was very successful and the Task Force is preparing to implement this program again over Presidents Weekend. The Task Force is also working on a long term effort to help ensure the economic and social viability of the community. This effort will examine trends and work to define a vision for Vail's future. It will also recommend a number action plans to help implement the plan's desired outcomes. It is, in effect, a strategic plan for the community. We (the Mayor and I) will keep you advised on this status of this effort. Colorado Legislature The 60th Colorado General Assembly convened on January l Oth. The session will meet for the next 120 days and is scheduled to adjourn on May 8th. As always the legislators will be considering a number of bills that may affect the Town of Vail and other Colorado municipalities. The Colorado Municipal League will be representing our interest and lobbying against bills which would adversely affect local governments. Although there are many bills to be considered, key legislation include bills on Takings, Transportation, Finance and Rights of Way access. Sam Manet has summarized all the important legislation in the December CML Newsletter. I believe each of you received a copy last week. If you need additional copies, please let me lcnow. For your information I have attached copies of several bills as well as a copy of an analysis prepared by the City of Aspen. Z?~~ RECYCLED PAPER ~7 , Privatization of Federal Lands Last year, as part of the effort to balance the Federal Budget, the Congress included a proposal to sell parts of Forest Service lands currently leased to ski axea operators. As a response to this proposal, the Town of Vail in conjunction with the Colorado Association of Ski Towns (CAST) hired a Washington lobbyist to help defeat this measure. According to Liz Robbins, who is representing CAST, it appears that this issue is currently dead. Although Congress and the President have yet to agree on a budget for the fiscal year (which began Oct 1), Liz does not think there is any chance of this being included at the last minute. Indeed, several key backers have indicated a willingness to exclude this from any budget this year. However it is'very likely that this proposal will be back in the future. Because this proposal would raise revenue and appeals to the republic philosophy of smaller government, Liz expects that we will be facing this issue again, The Cast Executive Board will meet later this month to determine how CAST should proceed in the future. The Board will make a recommendation to the full membership at the March CAST meeting. Roundabout We have prepared some statistics on the performance of the roundabout (already at your seats). The analysis shows the new intersection has done well in reducing delays and traffic congestion for the past six months. The roundabout handled an estimated 15 percent more traffic during Christmas week 1995, the number of accidents (five) was below the average number of accidents (seven) at the site over the past three years. That compares to 275 other accidents throughout town during the fourth quarter of 1995. Although we're extremely optimistic about the roundabout's operation, we believe driver education remains a key component in the roundabout's continued success. f 1 YMEMORANDU1v1 DATE : December 19, 1995 THE CITY OF ASPEN TO: Mayor and Members of Council CITY ATTORNEY'S OFFICE FROMa John Worcester, City Attorney RE: State "Takings°° Legislation Councilmember Richards has asked for my comments regarding 11takings" legislation in the state legislature this past session and the forthcoming 1996 legislative session. As you know, several "takings°° or t1private property rights1° bills have been defeated in Colorado over the last several years. It is likely that a number of proposed bills will be introduced in the legislature this coming yearo Attached hereto, for example, is a copy of a draft bill which will be carried by the President of the Senate, Sene Tom Norton (R, Greeley). I'm told this bill will have the support of a wide ranqe of groups including the Colorado Association of Commerce and Industry, and the Colorado Realtors Association. The concept of requiring government to pay for private property taken for public use is not newe The Fifth Amendment to the U.S. Constitution reads, in part, as follows: 1°nor shall private property be taken for public use, without just compensation.10 The Bill of Rights found in the Colorado Constitution contains a similar guarantee (See Sec. II, Art. 15). Nevertheless, takings bills have been adopted in 19 states and the U.S. Congress has had similar legislation under consideration in the past several years. Some legislation has been the result of legitimate concerns regarding the rights of property ownerso Much of the legislation, however, is really anti-regulation legislation clothed in the fabric of private property rights. Because federal courts and the courts in Colorado have recognized and applied existing constitutional protections for private property owners, all takings legislation in our state should be viewed with skepticism as they will merely add onerous financial burdens on communities exercising their normal police power to regulate private property for public good. The general legallprinciple is that a regiixlation to avoid being considered a taking must satisfy two requirements: (1) it must "substantially advance legitimate state interests"; and (2) it must not deny an owner all "economically viable use of his land.°1 See, Actins v. Tiburon, 447 U.S. 255 (1980) (a U.S. Supreme Court Memorandum to Mayor and City Council December 19, 1995 - Page 2 ' case); and Baum v. CitY and County of Denver, 363 P.2d 688 (Colo. 1961) (a Colorado Supreme Court case). Traditionally, a broad range of governmental purposes constitute 10legitimate state interests" maintaining residential zoning, preserving land- marks, and protecting the environment. In 1987, the U.S. Supreme Court in Nollan ve California Coastal Commission, 107 S.Ct. 3141, required that there be a very close fit or 1°nexus" between the means chosen by the state (i.e. the particular land use regula- tion selected) and the governmental obj ective being pursuedo Even a compelling state interest will be to no avail if the means chosen are not quite tailored to advance that interesto The latest addition to the takings equation is the recent U.S. Supreme Court decision in Dolan v City of Tigard, 114 S.Ct. 2309 (1994). In this case the Supreme Court held that not only must there be an essential nexus between the means chosen by the state and the objective being pursued, but there must be "rough propor- tionality" between the means and objectivee In other words, "whether the degree of exactions demanded eee bear the required relationship to the projected impact of the oe. proposed develop- ment." This is the state of the law as enunciated by the courts in this area. It offers property owners the protection they need from arbitrary governmental action, yet allows the government to enact reasonable land use regulations pursuant to its traditional police powers. Any alteration of this carefully crafted balanc- ing of private property rights and governmental police powers by the state legislature is extremely dangerous. It is not hyperbo- le to suggest that legislative meddling could destroy the quality of life in communities throughout the state and bankrupt local and state governments. A quick analysis of Sen. Norton's pro- posed bill reveals a number of serious concerns. The bill°s summary provides the basis for the concerns. The bill requires local governments to support the existence of the essential nexus between the burden and a legitimate govern- ment interest and to show that the burden is roughly proportional to the property owner's proposed use of the property. This requirement alone will add an immense financial burden upon municipalities and encourage court challenges to most land use . regulations, and,regulations which might affect the value of private propertye Traditionally, the courts in Color2.do, as in all states, have held that there is a presumption of validity and regularity that attaches to and supports the official acts of public officials and, in the absence of clear evidence to the contrary, courts are to presume that official acts have been r Memorandum to Mayor and City Council December 19, 1995 Page 3 ' properly discharged. Citv of Colorado Sprincts v. District Court, 519 P.2d 325 (Colo. 1974)e The burden has always-been on the party challenging official action to overcome such presumptions of validity and regularity. Fedder v. McCurdv, 768 P.2d 711 (Colo. App. 1988). There are strong public policy considerations for these principles. The bill would alter these presumptions by shifting the burden upon municipalities to defend all of their actions in enacting land use regulations. The bill gives property owners the right to claim compensation for an devaluation of their property resulting from a violation of the act. Enforcement of this provision is through ar-bitrati.on and court proceedings. Every regulation that limits the use af property has some theoretical impact on the'value of property. If a municipality is unable to carry its burden of proof in showing an essential nexus and rough proportionality, it will be open to damage claims. Just defending such claims will be an administrative nightmare and very expensive in staff time and court resources. Property owners pay nothing to government for the gains they enjoy when their property benefits from land use regulation. This phenomenon is quite evident in our communitya Downzoning may have an initial negative impact on the value of land, but over a reasonably short period of time, the value of property increases at exponential rates. The question thus becomes, why should private property owners be compensated for any diminution in value of their property even though they may benefit in the long run. Should this bill, or one similar to it pass, municipalities will simply not be able to afford to take the risk of having to pay compensation to everyone who claims that their property values have been reduced. The social impact of this concern is immea- surable as social ills will simply go unchecked for fear that the enactment of responsible legislation will be too risky. The Norton bill is particularly onerous in this respect. Ini- tially., the bill refers to the "adoption" of new legislation; then it appears to cover the "adoption or enforcement" of anv regulation; then it mentions the "implementation" of any regula- tion. If the bill passes as written, the sanctions and procedur- . al requirements would apply to virtually every section of our ~municipal code which allegedly causes anyone's private property ~ values to be diminished! Does not our smoking ordinance affect the value of property? And how about our sign, fireplace, noise abatement, tree protection, and liquor licensing ordinances? Every time one of these ordinances was enforced, the City would . . r Memorandum to Mayor and City Council December 19, 1995 - Page 4 ' be open to a damage claim from the property owner claiming a diminution in the value of his or her property. There are legitimate concerns about the power of government to take private property without just compensation. However, placing at risk the police power regulations that make a complex and relatively compact society livable will impose incredible penalties on all who live in communities. Both the federal and state courts have developed the proper balancing tests to protect those property owners that have legitimate claims against over- reaching governmental regulations. Attached hereto is a generic resolution prepared by the Col.orado Niunicipal League for adoption by municipalities desiring to express their opposition to "takings11 legislation. Upon Coun- cil's direction I would be happy to tailor such a resolution for adoption by the Aspen City Council. If you have any questions regarding the above, please let me know. JPW/mc Attachment jw1219.1 cc: City Manager Community Development Director . ~~~FT 11i20i95 LLS N0. 96-0311.01 0HG SENATE BILL 96- BY SENATOR Norton A BILL FOR AN ACT 101 CONCERNING REGULATORY IMPAIRMENT OF PROPERTY RIGHTS. Bill Summary "Property Rights" (Note: This summary applies to this bil] as introduced . and does not necessarily reflect any amendments which may be suSsequently adopred.) Declares that the right to own and* use private property is fundamental, citing constitutional provisions and disapproving the placement of burdens on individual property owners to achieve general public purposes. Oeclares the issue a matter of statewide concern. Prohibits local governments from adopting laws or policies that burden the use of private property except when there is an established threat to the public health or safety or when: o there i s an essenti al nexus between the burden and a legitimate local government interest, and o the burden is roughly proportional to the property owner's proposed use of the property. Requires a local government to support the existence of the two conditions above by substantial evidence. Oefines the adoption or enforcement of any local law or requirement without meeting the required conditions as an action beyond the jurisdiction of the official taking such action. Gives property owners the right to claim compensation for any devaluation of their property resulting from violation of the act. Provides for enforcement through arbitration and court proceedings. Places the burden of proof on the local governmentai entity involved in any such enforcement action. - Allows a property owner to waive such relief, but requires that a waiver be written and recorded in the land records before it is enforceable against a subsequent owner of the property. 1 8e it enacted bythe Generai Assemb]y of the State of Color°ado: ' 2 SECTION 1. Article 20 of title 29, Colorado Revised , 3 Statutes, 1986 Repl. Vol., as amended, is amended 6Y TNE 'S . . / 1 29-20-203. Re9ulatory enactments. (1) NO LOCAL ' 2 GOVERNMEtdT SHALL ADOPT A LOCAL LAW, REGULATIOPd, POLICY, OR - . 3 REQUIREMENT•THAT IMPAIRS AN EXISTING USE OF PRIVATE PROPERTY IPd 4 TNE ABSENCE OF Aid ESTABLISHED THREAT TO THE PUBLIC NEALTH OR 5 SAFETY OR THAT REQUIRES THE OWNER OF PRIVATE PROPERTY, AS A 6 CO(VDITION OF PERMITTIPIG A USE Old SUCH PROPERTY, TO DEDICATE ANY 7 PORTION OF SUCH PROPERTY TO THE PU6LIC, TO PAY ANY MONEY TO THE 8 LOCAL GOVERNPIENT FOR THE IMPACT OF THE PROPOSED USE, OR TO 9 EXPEND AIdY MOPIEY IN CONNECTION WITH SUCH USE UPlLESS THERE IS AP! 10 ESSEtdTIAL NEXUS BETWEEN THE EXACTION ANO A LEGITIMATE LOCAL 11 GOVERNMEMT IPlTEREST AND THE EXACTION IS ROUGHLY PROPORTIONAL TO 12 THE USE BEING PROPOSED. 13 (2) APIY SUCH IMPAIRAIENT OR EXACTION SHALL BE SUPPORTED 14 BY SUBSTANTIAL EVIDENCE IDENTIFYING THE LOCAL GOVERNMEIdT 15 INTEREST A(VD THE MEANS USED TO CALCULATE THE'IMPACT OF THE USE. ~ 16 (3) ADOPTION OR ENFORCEMENT OF APlY LOCAL LAW, REGULATION, 17 POLICY, OR REQUIREMENT THAT VIOLATES SUBSECTIOM (1) OF THIS 18 SECTIOiV AFTER TNE EFFECTIVE OATE OF THIS PART 2 BY ANY IOCAL - 19 OFFICIAL SHALL CONSTITUTE ACTION BEYONO SUCH OFFICIAL'S 20 JURISDICTIOPl. 21 29-20-204. Regulatory impairment of property rights - 22 existing provisions. (1) ANY OWPIER OF PRIVATE PROPERTY 23 AFFECTED BY IMPI.EMENTATION OF ANY LOCAL IAW, REGULATION, POLICY, 24 OR REQUIREMENT THAT REGULATES THE USE OF SUCH PROPERTY IN ANY 25 WAY WHO BELIEVES THAT SUCH !F9PLEMENTATION FAILS TO AOVANCE A , 26 LEGITIMATE INTEREST OF THE LOCAI GOVERNMENT OR IS NOT ROUGHLY -3- . I , i . 1 C.R.S., OR A CLAIM THAT THE AWARO WAS BASED ON A IdRONGLY DECIDED , Z QUESTIDN OF LAk!_ • 3 (3) (a) A PRIVATE PROPERTY OWNER AGGRIEVED BY 4 IMPLEMENTATIOM OF A LOCAL LAW, REGUlA7I0N, POLICY, QR 5 REQUIREMENT REGUTATING THE USE OF SUCH PROPERTY IN ANY blAY MAY 6 SEEK RELIEF IIV THE DISTRICT COURT WHERE SUCH PROPEftTY IS 7 LOCATED. IN ANY SUCH ACTION, WHEN THE OWPVER ESTABLISHES THAT . 8 USE OF THE PRIVATE PROPERTY HAS BEEN DIM9INISHED OR THAT AN 9 EXACTION HAS BEEN MADE THAT REQUIRES OEDICATION OF ANY PCRTiOP; 10 OF SUCH PROPERTY OR MANDATES A PAYMENT OR EXPENOITURE BY THE 11 OWNER, THE BURDEN SHALL BE UPON THE LOCAL GOUERNMENT TO 12 ESTABLISH BY SUBSTANTIAL EVIDENCE THAT THE EXACTION ADVANCES A 13 LEGITIMATE LOCAL GOVERNMENT INTEREST ANO THAT THE EXACTION IS 14 ROUGNLY PROPORTIONAL TO THE IMPACT OF THE USE. THE COURT SHALL 15 NOT BE LIMITED TO EVIOENCE IPI THE RECORD OF ANY ADMINISTRATIVE 16 PROCEEDING. 17 (b) IF THE EXACTIOPd ADVANCES A LEGITIMATE LOCAL • 18 GOVERNMENT INTEREST OTHER THAN AVERTING A THREAT TO THE PUBLIC 19 HEALTH OR SAFETY BUT DEVALUES THE PROPERTY, THE LOCAL GOVERNMENT 20 SHALL PAY THE OWNER THE AMOUNT OF DEVALUATION OETERMINED IN THE 21 PROCEEDING AND CO(dFIRA9ED BY THE COURT. IF THE EXACTION AVERTS 22 A THREAT TO THE PUBLIC HEALTH OR SAFETY BUT EXCESSIVELY BUROENS 23 THE PROPERTY OWNER, THE COURT SNALL ORDER IT REVISED TO REQUIRE 24 A PROPORTIONATE BURDEN. IF THE EXACTION IS MORE THAN ROUGNLY 25 PROPORTIONAL TO THE USE'S IMPACT, THE COURT SNAIL OP.OER IT , i 26 REVISED TO REFLECT A ROUGH PROPORTIONALITY. f -5- r ; Generic Municipal Resolution in Opposition to 1°Takincrs°1 Legislation RESOLUTIOX NO. A RESOLUTION OF THE (TOW3d BOARD) (CITY COUNCIL) OF THE (TOWN) (CITY) OF EXPRESSING CONCERN ABOUT 1°TAKINGS°1 LEGISLATION IN GENERAL AND URGING ELECTED REPRESENTATIVES TO OPPOSE (IDENTIFY PARTICULAR BILL) WHEREAS, both the Colorado General Assembly and the U.S. Congress are considering legislation which may dramatically expand the circumstances under which some property owners can claim compensation from the government to the extent government regulations affect private property values; and WHEREP,S, all government entities, including municipalities, are already constrained by the U.S. and Colorado constitutions from taking private property for public use without just compensation; and WHEREAS, the courts have long held that government regulations which go "too far°" may constitute a taking of private property and recent decisions by the U.S. supreme court have provided additional protection under the constitution for private property rights; and WHEREAS, municipalities, in their traditional role as land use regulators, have a special understanding of the fact that any ~ government action may be alleged to have both positive and negative ' effects on a myriad of property interests, including those associated with the regulated property, neighboring properties, and the community at large, and WHEREAS, so called "takings" legislation tends to bestow new compensation rights upon some property owners to the potential detriment of other property owners, while undernining the effectiveness of even the most reasonabZe regulations which are designed to protect the public health, safety and general welfare; and WHEREAS, takings legislation promises to substantially increase the cost of government by mandating redundant, bureaucratic review processes upon government agencies and inviting a flood of new claims for compensation which have no basis whatsoever under the constitution, and WHEREAS, even takings legislation which does not pre5ently- ? include within its scope actions by municipalities is nevertheless objectionable because: A) Proponents of such legislation have vowed, once the precedent is established, to include municipalities in future takings legislation; . e r . B) Any legislative redefinition of what constitutes a regulatory taking of private property may in the future be imputed by the courts to municipalities; C) Municipalities work in partnership with state and federal agencies to protect the public health, safety and general welfare in local communities, and any unreasonable impairment of the ability of those agencies to carry out their regulatory function will inure to the detriment of citizens living within municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE (CITY COUNCIL) (TOWN BOARD) OF THE (CITY) (TOWN) OF 1> The (City Council) (Town Board) opposes any and all legislation by the Colorado General Assembly and the U.S. congress which purports to codify constitutional °1takings" principles to the extent that such legislation redefines what a regulatory taking is and the types of claims for which compensation must be paid, favors the interests of some property owners over others, increases the cost of government, or impairs the effectiveness of reasonable laws and regulations which protect the public health, safety and general welfare e 2. The (City Council) (Town Board) respectfully urges its elected representatives to vote against (cite specific legislation) 3e The (City) (Town) clerk is hereby directed to forward this resolution to the (City's) (Town's) elected representatives in the Colorado General Assembly and the U.S. Congress and to otherwise disseminate copies of this resolution to the public at large as appropriate. - ? Prepared by CML David Broadwell, Staff Attorney March 10, 1995 RESOLUTION PdO. 10 SERIES OF 1995 A RESOLUTIOId OF TFiE TOWPd COUNCIL OF THE T01M1IN OF VAIL EXPRESSING CONCERN ABOU7'TAKINGS" LEGISL.4TION IM GEPdERAL AND URGING ELECTED REPRESENT,471VES TO OPPOSE SB 136, HB 1171 AND SIAAILAR LEGISLATIOYd. WHEREAS, both the Colorado General Assembly and the U.S. Congress are considering legislation which may dramatically expand the circumstances under which some property owners can claim compensation from the govemment to the extent government regulations affect their . property values; and WHEREAS, all government entities, including municipalities, are aiready constrained by the U.S. and Colorado constitutions from taking private property for pubiic use without just compensation; and WHEREAS, the courts have long held that government regulations which go "too far" may constitute a taking of private property and recent decisions by the U.S. Supreme Court have provided additional protection under the constitution to private property rights; and WHEREAS, municipalities, in their traditional role as land use regulators, have a special understanding of the fact that virtually any regulation has both posiGve and negative effects on a myriad of property values, inclucJing those associated with the regulated property, neighboring properties, and the community at large; and WHEREAS, so called "takings" legislation tends to bestow new compensation rights upon some property owners to the potential detriment of other property owners, while undermining the effectiveness of even the most reasonable regulations which are designed to protect the public health, safety and general welfare; and WHEREAS, takings legislation promises to substantially increase the cost of government by mandating redundant, bureaucratic review processes upon government agencies and inviting a flood of new claims for compensation which have no basis whatsoever under the constitution; and WHEREAS, even takings legislation which does not presently include within its scope actions by municipalities is nevertheless objectionable because: A) Proponents of such legislation have vowed, once the precedent is established, to include municipalities in future "takings" legislation; B) Any legislative redefinition of what constitutes a regulatory taking of private property may in the future be imputed by the courts to municipalities; , ' ResolWion No. 10. Seriss d 1995 C) Municipalities work in partnership with state and federal agencies to protect the public health, safety and general welfare in tocal communities, and any unreasonable impairment of the ability of those agencies to carry out their regulatory function will inure to the detriment of citizens living within municipalities. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council opposes any and all legistation by the Colorado General Assembly and the U.S. congress which purports to codify constitutional "takings" principles to the extent that such legislation redefines what a regulatory taking is and the types of claims for which • compensation must be paid, favors the interests of some property owners over others, increases the cost of government, or impairs the effectiveness of reasonable laws and regulations which protect the public health, safety and general welfare. 2. The Town Council respectfully urges its elected representatives to vote against SB 136, HB 1171 and any similar legislation. 3. The Town Clerk is hereby directed to forward this resolution to the Town's elected representatives in the Colorado General Assembly and the U.S. Congress and to otherwise ' disseminate copies of this resolution to the public at large as appropriate. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of April, 1995. Margaret A. Osterfoss, M or ZEST: . ~ • Holly L. McCutcheon, Town Clerk C W ESOLU95.10 finoludion No. 10. Serin of 1995 r - i - Officc of the lioard oF C:ommissinncrs k:agle County Building (97{)) 328-86()5 , P.( I1ox 450 Fax: (970) 3 2 8-72117 • 500 13roadway TDD: (970) 328-8'/!)% (:cdor-ado 81631-01350 ,Danuaty 9, 1996 - 9 1:45 EAGLE CO[INTYP COLORAI~~ AULNUA BOA~ ~ ~~~Y (;'60MMISS'ON.ERS RC GU R M EETI NG DAY JANUARY 159 1996 ~b aa~a~aa atreacaao4oamaaae,oooman~s~ac4oo NO MEET9Fl~ ~HIE E4GLE BOARD OF COIJNTY CQMAAISSI6NERS HOfl.JDAY OFEICES CLOSED 411E P1EXT BAEETIWG OF 7HE EAGtE COUIdTY COqM1,SSIONERS VULL 8E HELD ON JANUARY 96, 1996 cLL neEETINcs vwLL BE O1ELD Ild THE EAGLE Courarr swLDiwa - soo eROnawAV, EAGLE- ott OTHERIMSE P1oTED_ THIS AOENDA IS PpiONIpEI] FoR lNFpRMA71oNAL PuRPOSEB oNLY • ALL TIMES ARE RPPROXpNATE. 7}E 9OAPdD dlfiilLE iM SES510M17 MAY CONSIDER OTHE9i ITEM$ THAT ARE 6ROUGHT BEFORE IT. 1 i-)Ffi.:c ot thc L;oiuYi af (:nmmicsioncrx I?a91c C:uunty 13uilcliiig (97()) 328 $fiUS P.O. lim RSSI Fax: (970) 328-7207 • 500 limadw.iy TI)I): (970) i288797 . kiplc•, (.nl( n:iilo 8I63 I-08S0 _ c January 9, 1996 - 13:52 EAGLE COiINTY, COLORADO AG ENDA ~ ~~~~Y COMM'SSIONERS PLANNING MEETING DAY JANUARY 16p 1996 Q O p 4 p A{i !t {t {t ~ fr 4 Q C O Q 6~ t} $ 4 fF 4 6 4 p C1 A i} j} Q 4 4 ii 6 O 9. 9:00 - 9e45 a.m. 11YORK-SESSIQ@V - COMllllllNlTY DEVELOPMENT Keith Mon#ag, Director 2. SA5 _ 10:00 ~e~iroo PLAT AWD RESOLUTION SI(eNINO . Kathy Eas4ley, Planner, Community . Development S. 10o00 -10.30 memo ZS-362-95-E14GLE 9NINgS F'ROPEitTY - COOL.EY MESR1 Paul Clarkson, Planner, Coenrnunity Developmen~ ~C'n0M: To consider the request for Contractars Storage and Auto Salvage. 90030 =10o45 m.m. BREAK 4. 90046 -11:96 momruo WEND'V3 TOtJRlST OIt1ENTED DIRECTIDNAL SIQNS 1N EL JEBEL "Paul Clarkson, Planner, Corramunity Developmen~ ~CT10N: Tv consider a request foP Board approval and signature on a CDOT applicatian for'Tourist Oriented Directional Signs ('TODS) on 6lighway 82. L- ' Eagie Board of County Commissioners Agenda, January 18, 1996 Page T'wa ae I09s =12e95 P.M. ZSm374-95-HIDD,gN TREA§URE qiyl/ENT~ RES . kCathy Eas11ey, Planner, Community . Dedelopmen4 ACTION: 'fo consider the request for a recreatianal facility for overrright accommodatiorrs provided $o Gross-coun4ry . skiers, hikers and equestreans. 12o15 -9e45 peme LUNCH S. q:45 -2o00 pomo gS-379-96-CQNTRAf:TQ1?'S STQIZA(°aE Pattie Haefeli, Plenning Tectnicisn, Cornmunity Developrnen4 To consider the request for a nnaintenance building. 7. 2:00 -2.45 pomo PD-311-95-A-BLflJE RIDQE PUD AMENOMEIVT Paul Clarkson, Planner, ComPnunEQy Develppmen4 ACT6ONa To rernove a Preliminary Plan condi4lon whlch requlrea dedicstion of Right-of-Way through neighboring pPOperty to Flighway 82/WI1its Lane ontersection. 2:46 n 3o00 ~REAK ~ ao 3:00 - aaIs CEL~ULAR FoR TwE' cQMMUNiIX MR12 . PRgSENTATION TO ECN(9 RANC1i Craig Goudy, AT&T VNireless 9. 3:16 _ 4o13 WORK "SIQN-ANIAAAL CONTROL RESOLNTION . Bob Slagle, Animai Control T}iE PlEXY AAE@71WG oF TP9E EAC3LIE COUNTY COGAMISSIONER91fALL BE HELQ ON JANUARY 22, 9998 . ~ ALL AREnPIOS 1WLL BE HELD IfN THE EACiLE COUINITY BUII,pINp - 5pp 9ROAOWAY, EACiLE - OR 07HERW19E NOTED. iH13 AGEPtQA IS PROVIDED FOR tRIFORMATIqNqI. pURPOSE9 ONLY - ALL TTMES ARE JIPAROXIMA'iE_ TNIE OWD Wdi1LE IN SE3310N MAY CONSIDER OTtIER I7EMS 7HAT ARE pRpUaliT OEFpRE 17. % - t:)fFicc aF che l3c,ard t;f ('n,nrnissio nre: 1=,uglr_ (:ounty 13icild;nl, (970) 3288605 i>.0. I;ox Kso Fax: (970) 379-72117 . SpU Iirciadway TI)1): (970) 328-14797 I:aPIc, -)radu 8 f63 I 0850 JanuM 9, 1996 - 97:03 EAGLE Cfw'UNTY, COLORADO AGENnA BOARu vF C3%UjOJNTY COMMISslONERS PLA NBNG MEE7'ING DAY JANUd`''!RY 9 6y 1996 b 6 d 8 b b o c a a a a o p o a a a o o a~ ~r o a Q c c sr a Q,a a o o~ o v Q Da 8.30 - 9o00 A.M. WORIC SESSiO6V n PENDiIVG UT'9GAT90N ,Dames Fri4ze, Coun4y Attorney ADDe 416 - 4a46 P.M. WORFC SESSlOh9 - CAL.ORADO Vi?EST OFFICE SPACE Mike Bradiey, Buiidings 8 Crounds TaE WEXY AAEETING OF THE EAQLE COUPt7Y GONiMISSIONER3 W1LL BE HEtQ OP6 JANURRY 22, 9998 ALL. BAEETINGS tAlILL ffiE HELa IAI 7Pir: EAGLE COUNtv eUILDING - 500 BRnADWAV, EAGLE - aR OTHERWISE PIOTED_ 'fF916 AGENDA IS PWOIlIDED FOR INFORMA710MAL PURPOSES ONLY -ALL T1MES ARE APPROXUWATE. T14E BOARD b1R9iLE IAI SESSIOM MAY CONSIDER 07HER I7EMS THAT ARE BROUGHT BEFORE IY. -0 ' (.lfFic:r. o( tlic I3oard ral Commietiiuncrs (:ountY IIuilJiuy,, (770) 3214-4605 ~ 1'.(:). linx R5(1 Fax: (97U) 328-7207 Si1U Rraadwa "~ID: (~nc~) a2K.s7~n _ • y . i~agdc, c: t,?!>ndii R I fia 1-(IRS(1 EAGLE CnllN~ ~I C~~ORADO 00"ECOND AMENDED AGENDA BOA i F%'[%VU0%UNTY COMMISS'ONERS . Ir"LANNING @UlEETING DAY JA UARY 160 1996 . a~traa ac,~t~~ no oacff ~*a aau4ttat~aooaaff rraacua 2046 - ~ ITEM5 OF A ROU71NE AND NCW-COMTRONERSIAL NATURE ARE PIACED ON THE CONSENT CALEPIDqR TO IILLOW 7HE EAQLE BOARD OP COUPdTY CQMaqggIpyEqg y+p SPEND ITS YIME ANO ENERSiY OIV MORE tMPORTANT ITEM$ OM A LE{VpTHY AGENDA. eMY cOMMfSSIONrzRMAY REQtJESTTHAYAId 17LRA BE °REMOVEQ" FROM1A TNE CONSrtMTCALFwDAR qPID cONSIDERED sEPARA7gLY. ANY N9E&ABER OF THE PUBUC 13AY °REquES7° AWY I?'EM BE 'REpq01/EO' FRp1A l}IE COfdSENT AC3ENDq, BIILL PAYING FOR THE IAIEEF( OF JANUARY 15, 1996 Lirlda Pankuch, Accounting Mark Silverthorn, Controller ACT9ONe Appraval subject to review by the Chairman I~AY ROLL F0R JANl9ARY 98, 9996 NVark Silverthom, Controller ACTIoN= Approval subject to revievv by the Chalrman YWE PIE]CT @qEET1PIG OF THE EAGLE COUPd7Y COBAMISSIONERS WILI BE HELD ON JpNURRY 22, 1986 ALL &AEE71N03 fAflLL OE HELD IPl THE EAGLE COUNTf BUIL171N0 . 300 BROAUWAY, EAGLE - OR OTHERVIASE PIOTED. YNtS AdEWDA IS PRCIVIDeO FOR 1PlFORqAAT10W111. PURP03E9 OPdLY • ALL TIMES ARE RPPROXIMAIE. THE BOARD MR91LE IN $ESSION @AAY CONSIDER O7HER ITEMg y}{yT A1ZE BROUaHT BEFORr: IT. ~ , 4IL TO1~1 OF 75 South Frontage Road Office of the Town Maitager Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 January 10, 1996 p Jim and Sally Paschall Paschall's Place 100 E. Meadow Drive, #104 Vail, CO 81657 Dear Mr. and Mrs. Paschall: Thank you for your letter concerning the Vail Public Library. I appreciate comments concerning the library in general and the children's area in particular. We are most fortunate in Vail to have such facilities for young children. Once again, thank you for your letter and comments. Please feel free to call me at 479-2105 if I may be of assistance in the future. Sincerely, TOWN OF VAIL ~ Robert W. McLaurin Town Manager • RWM/aw RECYCLEDPAPER TOWN OF VAIL InPut/Inq onse Record ~ ResP The atta ~ ched comments weze resently received by the Town of VaiL We encourage Vai1 residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE CONCERNS WITI-HV FIVE WORKIIVG DAYS AND RENRN THIS COMPLETID FORM TO PAM BRANDMEygL ~ DII'ART\~1T TO HAIVDLE Il'1QUlRY IlVDNIDUAL TO HANDLE 1NQUIlZY 46 l)'1C DATE TOV RECIIVID IlVPtTf/zN'QUIIZy l4 ~3• 9 5 ; . TYPE OF IIVPtT/INOUIlZY: PHONE CALL (indicate date) LETTER (attached) ~ RESPONSE CARD (attached) TYPE OF RESPONSE (check one): LETTEIZ (attach copy) , PHONE CALL (indicate date) . BRIEF SLJN~ARY OF RESPONSE OR ANSWER TO IlVOUIlZY: DATE OF RESPONSE FOIZM RETURNED BY DEPARTZMENI' TO PAM BRANDMEYER: A copy of this inquiry and form wiit cemain on file ae the TOV Community Relations office. As soon as this Eorm is cetumed to Patn • Hrandmeyer, this inquiry will be considered dosed. , - THANIC YOU FOR YOUR 1NI.Y HA.tiDUNG OFTI-i°sS LSSUE IF YOU HAVE ANY QUF3iI0NS, PCEASE FEEt, FREE 1'p COM'ACT PAM BKA~DMEYER AT 479-2123. i~ . . . . . - .t~~ a~ v4~ r j ~ 16/~`-~-u~~ Y GL-CA ~ r1 ~~-'(~-'t L~.i .~C .~s-~:.5~ •,~r ~,,.L~- c'~~`c3.r~~s~,_, _ L:~.1~~,`. y ~ f' J ;~;-t_:-~ ,L~ ~ C~_ L~ ~u-o~:_..z~~ ~'u1.•J .~'`'~cru..~. t--~--~ ux.~..Cr.-~ ; ~-F::-zs--l,L~ `'L/t_C:? y°~ L`~e.:~ G~tiS~ `:1=.,. c ~ h I ~ ..s<_.~ c L~c.t;t L•' ~ ? • « ~ ~ ? ~c.`. ~L,'i.~ f~~ ` t / ~~l-:..~.',~".a-' •~u C~. ~ - \J (J / ~ • i 'C. ~ ' - ~C N ~J J ` Ll ~ ~ ' ~i ~ ` I'• J r ~ f a ee a4 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 - MEDIA ADVISORV January 10, 1996 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAUL TOWN COUNC6L H@GHLIGHTS FOR JANUARV 9 . a Work Sessuo~ Brueffs Council members presenfi: Armour, Foley, Jewett, Johnston, Navas, Osterfoss --Update Discussion of Pre-Sale Commitments for Parking Spaces in the Proposed Golden Peak Parking Structure During this update, Dave Corbin, vice president of the Vail Associates F2eal Estate Group, said pre-sales of $1.9 miltion have been recorded, thus far, for the $4 million, 148-space parking structure. A total of 50 exclusive spaces have been sold ranging from $30,000 to $45,000 a piece, while five shared spaces have been sold at $15,000 each. While Corbin said 180 additional sales are still needed to fund the structure, the project is already at a near break-even situation given the cost to contribute to a parking pay-in-lieu fund in the event the structure could not be built. Corbin said he was optimistic the pre-sates would provide the capital to build the parking structure concurrentiy with the rest of the redevelopment. He said the company will decide by mid-February if it will break ground on the project. Council members have said the parking structure is an important element of the redevelopment and have insisted if be built concurrently with the project. For more information, contact Jim Curnutte or Lauren Waterton in the Community Development Department at 479-2138. --Community Development Overview During an overview of the Community Development Department and its priorities for 1996, Council members were introduced to the first phase of a reorganization designed to increase customer service and efficiency. Effective Jan. 2, a new customer service counter has been created to provide professional design review and permit assistance during the hours of 8 a.m. to 3:30 p.m. Nionday through Friday. No appointments are necessary and a 24-hour turnaround is available for small-scale building permits and other minor approvals that do not require Public Works or Fire Department approval where the application submittal is complete. Other departmental improvements include creation of a housing division and a plan to improve the design review and development review processes this year. For a list of priority projects intended for the year in the areas of pianning, housing and environmental health, contact Susan Connelly, department director, at 479-2138. ~ ~more~ R CYCLED APER . Council Highlights/Add 1 fn a related discussion, several council members asked if any of the town's ordinances on trash, abandoned cars and nuisances needed to be strengthened to address some of the problems that were brought to the Council's attention in the Matterhorn area last year. Russell Forrest, senior environmental policy planner, said the ordinances appeared to be strong enough, although research is still underway in the area of dumpster enclosures. He said seven citations issued last year in the Matterhorn neighborhood are scheduled to be heard in municipal court later this week. --Alpine Garden Lease At the request of representatives from the Alpine Gardens, the Council agreed to delay action on the term of a proposed lease between the town and the Alpine Gardens for cperations at the town-owned Ford Park site until a management plan for the park is completed later in the year. Previously, Alpine Gardens representatives had pushed for a 49-year'lease, as opposed to a 10-year lease which is consistent with several other current Town of Vail leases. For additional details, contact Town Attorney Tom Moorhead at 479-2107. --Information Update Paul Johnston indicated the Colorado Ski Museum was looking for someone on the Council to serve on its board of directors. Kevin Foley clarified a request from Eagle County for a contribution to assist with legal fees for the railroad abandonment project. Council members asked that a representative from the county meet with them to discuss the request in more detail. Foley also suggested discussing Vail's expectations for the regional transportation system at an upcoming Council retreat. --Council Reports Mike .lewett, an appointee to the Housing Authority, said he was interested in meeting with other members of the Council to explore housing ideas in preparation for the Feb. 27 Council retreat. Sybill Navas inquired about coordination of the 1999 World Alpine Ski Championships. Town Manager Bob McLaurin indicated he would ask the Vail Valley Foundation to provide an update. Paul Johnston outlined.a new version of the former Chuck Anderson Youth Award • which would include an experience in Vail's sister city, St. Moritz (Switzerland). Johnston also provided a brief update on a recent meeting of the Berry Creek Fifth Filing. He said action on a road easement to the Eagle County School District for access to Miller Ranch has been extended for six months. After hearing about poor sales by merchants in Vail Village, Sybill Navas suggested (more) a 4 Council Highlights/Add 2 creating a task force to study the issue and recommend action. Bob McLaurin said the issue is under discussion by members of the TOV-VA Community Task Force and would likely be part of a larger community discussion later in the year. --Other Bob McLaurin gave an update on the Jan. 5 closure of Vail Pass due to an avalanche. The Vail Dispatch Center received 4,500 phone calls that day; most of the calls were inquiries about road conditions. Volunteers assisted the dispatchers with the non- emergency calls and shelters for stranded travelers were activated. Bob Armour suggested adding more signs to direct travelers to the shelters. . o --Paul Johnston expressed a concern about the volume of delivery truck traffic on Hanson Ranch Road. Bob NtcLaurin said he was exploring options ranging from restricting hours of loading and delivery to creation of another Checkpoint Charlie. --At the request of Town Attorney Tom fVioorhead, 4he Council agreed to postpone consideration of the model traffic code at the Jan. 16 evening meeting until traffic studies have been completed by the town engineer. # # # UPCOMING COUNCOL MEET@NGS January 16 Work Session Vail Valley iVlarketing Board Overview Site Visit, Hovey Appeal of PEC Decision January 96 Evening Meeting Second Reading, Police and Fire Pension Plan Ordinance . Second Reading, Vail Athletic Club Major SDD Amendment Oleson/Volinn DRB Appeal Appeal of PEC Decision/Hovey January 23 Work Session Update on Category III Joint meeting with County Commissioners (cooperation, transportation, housing & annexation) ee n4 ~'O~l OF ~AIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR 9MMED1e4TE RE~EASE January 10, 1996 Contact: Susan Boyd, 479-2183 Assistant Library Director GED ON T!! COMES TO VAIL PUBLIC 1L9BR4R1( (Vail)--The comprehensive educational television program, GED on TV, is now available from the Vail Public Library on videocassette. GED on N is a review course for people studying 'at home to take the high school equivalency exam. The 43 half-hour programs review all skill areas on the general efficiency degree (GED) test: writing, social studies, science, literature, the arts and mathematics. Students may viewr the programs at their own pace. The tapes may be checked out for 3 days at a time by library patrons. You'1l find them in the nonfiction video section. GED on TV was broadcast locally by KRNIA-TV, Channel SIX, in Denver for taping by schools and libraries. Students checking out the videocassettes from the Vail Public Library may register in the Channel SIX GED on TV program and benefit from an extensive support program. Finishing your high school equivalency exam has never been so easy! Get started now by checking out the GED on TV videocassettes from your Vail Public Library as a r Channel SIX GED student. If you have additional questions, call Susan Boyd, assistant library director, at 479-2194. # # # RECYCLED PAPER dd e4 TOWN OF VAIL 75 South Froritage Itoad Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 ilAIL POL9CE DEPARTMELVT NE@yVS RELEA?SE Da$e of Release: January 10, 1996 ~ ContacQ Person: Sgt. Joe Russeli, 479-2249 pager, 949-2205 Date ~nd Tume Inc6den4: 92:55 p.m., January 9 ° Locataon o$ Occaurrence: Alpine Standard, 28 Vail Road Ao'res~ed: . Sanchez James Alan Last First Middle 19-year-old male from Vail, Colo. Charges: 1. One count of unauthorized use of a financial transaction device, a class 1 petty offense. 2. Six counts of first degree criminal trespass, a class 5 felony. 3. Six counts of theft ranging from a class 3 misdemeanor to a class 4 felony. 4. One count of escape, a class 4 felony. 5. Aggravated motor vehicle theft, a class 4 felony. Sanchez is currently being held on $15,000 bond. He is being transported to the Eagle County Detention Facility. Synopsos of Even4s: At 12:55 p.m. on Jan. 9, Vail police officers were sent to the Alpine Standard service station in Vail Village regarding a report of a stolen credit card being used to make a transaction. 1lVhen officers arrived, they discovered that a credit card, which had been reported stolen from a car break-in earlier that morning in UVest Vail, had just been used at the ,4lpine Standard to purchase gasoline. The card holder told police the break-in occurred during the early morning hours of Jan. 9. As the victim waS on the phone to report her stoten card to the credit card company, she was advised the card was being used at the Alpine Standard. Vail officers were dispatched and obtained a suspect and vehicle description from employees of the service station. Based upon the suspect vehicle description, the victim and her friends spotted the vehicle in the Timber Ridge parking lot in UVest Vail. Vail officers responded to Timber Ridge and contacted the suspect, James Sanchez, a 19-year-old from Vail. As Vail officers were placing Sanchez under arrest for unauthorized use of a financial transaction device, Sanchez fled on foot across I-70 arid into the Cascade Village area. (more) RECYCLEDPAPER Break-ins/Add 1 Officers pursued Sanchez and were abie to place him into custody a short time later. Further investigation has revealed that Sanchez was in possession of stolen property in his Timber Ridge apartment which had been associated with seven car break-ins and thefts which have occurred in Vail since Jan. 2. Vail officers recovered a large amount of stolen property from the suspect's apartment. The property is being returned to victims who reported their property stolen. . Further investigation has revealed that Sanchez was driving a roommate's car without permission during the commission of a crime which has also led to the charge of aggravated motor vehicle theft. The Vail Police Department has had a total of seven vehicles broken into between Jan. 2 and Jan. 9. Three vehicles were broken into on Chamonix Lane, one on . L:Ionsridge Loop, one on Red Sandstone Road, one on Bassingdale Blvd: and one in the Vail das Schone parking lot. , . The Vail Police Department is asking victims of any additional break-ins to file a report with the department by calling 479=2200. For more information, contact Sgt. Joe Russell of the Vail Police Department at 479-2249. . # # # QQ Executive Committee Meeting Jarrucary 3, 1996 SUMMARY OF MEETXNG Those present: Paul Ohri,lVTarsha Osborn, Bud Gates, Andy Carlberg, Robert Ray, Lane Wyatt, lVlonique Gilbert . ILEGgSILA7CTON 0 Discussed getting QQ hooked up to the Capitol Connection, an internet service that gives regular updates on bills and the status of bills. Summit County recently was hooked up through CIVET via Colorado Counties, Inc. (CCI) and may be able to supply QQ with a link-up. 0 QQ staff will send QQ Cue cards to legislators and the Governor on particular bills that QQ has an interest in. The Cue cards will provide analysis of the bills; anecdotes on how the bill will affect our members; and, will state QQ's position on the legislation. 0 It was decided that QQ shouid coordinate with CML and CCI to provide testimony on legislation. FINANCES • The Executive Committee was notified that Pitkin County will join QQ again this year. Gunnison County has also expressed interest in re joining QQ. • Effects of combining the NWCCOG V1later Quality Program and QQ were evaluated in terms of indirect costs savings. QQ Staffwill put together a list of.options with pros and cons of various strategies for QQ to save money. • QQ staffwas directed to evaluate QQ's use of the NWCCOG's indirect program services to determine if our billing is fair. • QQ will join the Colorado Water Congress again this year. • The Executive Committee approved giving a maximum of $250.00 toward the set-up of a NWCCOG Foundation that has 501(c)3 status in order to receive grants from charitable foundations. • The Committee also approved paying for Phyllis Martinez's time to write a Ford Foundation grant application for QQ (approximately $800) - may come out of contingency line item. . lF'~~RUAgBY 9, 1996 MIEE'II'I`tG 0 Jim Lochhead (Executive Director, Colorado Department of Natural Resources) and Lori Potter (attorney with the Sierra Club Legal Defense Fund) will both be speaking at the Feb. 9th quarterly board meeting. The topic of discussion will be proposed legislation responding to recent decisions on instream flow water rights. 0 The quarterly board meeting will be held at the Holiday Inn in Frisco on Friday, Febniary 9 from 9:00 unti14:00. OTHIER • A letter was sent to Governor Romer urging the appointment of Paul Ohri to the Front Range Water Forum (FRF) and Andy Carlberg to the technical steering committee of the FRF. • A contract between the QQ staff and QQ will be available for approval and signing at the 2/9 meeting. • The QQ Executive Committee requested that meeting minutes from Executive Committee meetings go to all QQ members. 0 It was recommended that'the May fl, 1996 qaaaeteriy board aneeting be changed Bm 1VIay 8. JAIV 11 11 :22AM VAIL ASSOCIATES p, 2 J" C! C-G w-c-i .~3 Dlj / VaH iss~~lates4 Roca ..vo ~an~~ary 10, 1996 D92r Friend: ChPi;3 Ryman has asked me to update you on 4he sta4us of the current Cage:goPy lil process. Because of the govemment shu4down, the Front Range public input session has been rescheduled for 1Nednesdayg . R Jano,ary 24o 1996 at 7a00 pamo at the USFS Regional oifce 6n Laki:wood (@ocated at 6th and Sirnms)o We anticipate sorrte vocal groVps to par4icipa4e in this meeting. °fherefore, if your schedule permits, • we vmuld very much apprecia4e seeing you @here to express your opinion on C,a4egory Ill. We have chartered a van to drive people from Vail 4o the rneetinq. The van will depar4 from the Livnshead Gondola Building at 5:00 p.m. l~iezise call me at 970-479-3019 to resenrc a seat (space is Bernited)o The public input period has been extended un4il January 26, 1996 due to the federal shutdown. If you have not already wrritten a letter regarding 4h~ ,,Categary III expansionbut wish to send one, it will be accepted if Owr,errandOperaroao! mailed by January 26th. Letters should be addressed to: Mr. Loren V'"e"w``marR`:°e, p~roa:nke; US Fores4 Service• P6 9ax 190; Min4uPn, CO 81645. and ArroplhrOd MOYntain ~ PIeciSe feeI fPe@ t0 CaII P11e VNItFI aPty qUeStI0P1S yOU fYtay Flabe. I look gorward 40 seeing you on January 244h. Sinc:erely, VA{L ASSOCIATES, IR1C. Rokaln LiQt Covernmental Affairs ~ III! libpBllUIP1 m ouu~m~m to, 68 1 ao PQ 8ott 7° Vail, Colorado 8165@ phone 30 476 5601 95 R E C E I V E D D E i, 12 1995 tVe're taking television - • inro tomorrovi: kC ' ! ~ ~ TCI Cablevision of the Rockies, Inc. December l, 1995 Town of Vail Town Manager Mr. Bob McLaurin 75 South Frontage Road Vail, Colorado 81657 Dear Bob: This letter serves as notice to the franchise authority that Cablevision VI, Inc. dba, TCI Cablevision of the Rockies, Inc. will be implementing certain adjustments to service, installation and equipment.charges in the March bills. Our costs of bringing our customers many of their favorite cable networks has risen substantially, just as the network's costs of obtaining new and better programming has also gone up. In order to maintain our current variety of programming, as well as, keep pace with rising inflation, we will be making a one-time adjustment this year to reflect these higher costs. Accordingly, the new rate for expanded basic service will increase by $1.26, resulting in a new monthly price of $15.83. The charge for basic service is will be $9.60 an increase of $.57. Additionally, our equipment and installation charges are being updated to account for any changes that occurred during the previous year. We will be implementing the following adjustments to our rate structure. The hourly service charge for installations, additional outlets, etc. will increase $2.00, from $21.28 per hour to $23.28. The standard converter charge will increase $.20, from $1.23 to Y1.43. The addressable converter charge will increase $.30, from $2.28 to $2:58. The components utilized to calculate the revised service rates consist of only those external costs allowed under the Cable Act of 1992. TCI voluntarily used this approach to ensure that our adjustments reflected only actual business cost increases. P.O. Box 439 0140 Metcali Road Avon, Colorado 81620 (970) 949-5530 FAX (970) 949-9138 An Equal Oppo%tuniN EmDlover Pursuant to the Commission's requirements, customers will be notified 30 days prior to the date the changes are reflected in their bills. We are committed to looking for ways to improve both the value and quality of the programming and service we offer. If you have questions regarding these adjustments please feel free to contact me at (949-5530). Sincerely, Stanley F. McKinzie Area Manager TCI Cablevision of the Rockies, Inc. ~ TowvN oF vAIL Inpu$/Inquiry Response Record CThe attached coutments were recently received by the T°own of VaiL We encourage Vail residents and guests fio give us such anPut artd we striwe for timely respoaises. PLEASE ADDRESS =E CONCERNS W][THV FIVE VVORKNG DAyS AND RErIJIZN THIS COIvYPLETM FORIv1 T°O PAIvT BRANDNfEYEIL . DEPART1MNZ' T'O FiAiNDLE INQUIFZY ' IINDIVIDUAL TO HAliTDI,E INQLTIRY ~}-r DATE TOV RECEIVID WI'UI°/INQLJIIZY I/5 •`t ~ , . TYPE UF IIVPUT/ W OUIlZY: PHONE CALL (indicate date) , LETTER (attached) 6~ 44 - ~fi.~.,~r d • ~ ~ IZFSPONSE CARD (attached) TYPE OF RESPONSE (check one): LETI'ER (attach copy) , PHONE.CALL (indicate date) . . . BRIEF SUIvMARY 4F RESPONSF n'P AXTSWEIZ T°O TtVOLTIRY: DATE OF ftFSPONSE FOIZltii R.FI'URiv-ED gy DEPARTLMENT TO PANI BRA'VDMEygZ A cooy of this inquiry and form wit( mmain on 61e at the TOV Community Relations office. As soon as this focm is retumed to pam • Brsndmcyer, this inquiry wiil be mnsidered dosed. ' iI-LA,vK YO(J i-0R YOLR TL1AE[.Y HA.VD[LNG OFTF-nS ISSL cIFYOU HAVE ANY QUb'iIONS. PCEASE F"EL FZ~ TO COlv?ACT P A N f BRA\DV1EYR AT 4i9.2113. ~ To: MAYOx BoB: RECEiVED .1Afd 1 5To FR: Gilda and Werner Kaplan RE: Media coverage by Denver Post regarding the dramatic change in the Vail Council Bob: Unfortunately, Werner will be in I)enver for the 1/16l96 Council Meeting and I am still unable to drive due to my broken arm. However, unless cable goes out, I'll be watching the meeting, as I have been for the past month, on Chanel5. I do think that visiting media should know the real reason why the electorate of Vail made the changes that they did. I've enclosed only 2 of the voluminous collection. of collaterals I have pertaining to the Vail Commons issue. In spite of very poor ACTIVE citizen participation, (most people openly said they were afraid of repercussions from Town agencies and the Council) there was considerable passive participation via petitions and in person requests to the Council to listen to the voices of the people. The predominating issue was the back room dealings that resulted in the previous Council making a decision for the Commons that the people dad not want nor endorsed. This led to an incumbent's failure to be re- elected, a Councilman "claiming" he couldn't find housing and resigns, and the Mayor hiding behind the skirts of a 2 year old as she tenders her resignation. The height of anogance was our duly elected legislative body claiming they made an Administrative decision and therefor WE THE PEOPI.E were deprived of the only vehicle in a democracy that expresses our opinions... the right to vote! I have spoken with RFP respondents on the project,and what happened here is not a pretty picture, with most of it shoved under the rug due to our lack of funding for legal help! On 1 U17/95 an article ran in the Detroit Free Press. We were sold cheap to Kroeger because they have plenty of money available for expansion plans! KKR(Kravits who did the LBO of Safeway) attempted to take over Kroeger, parent of City Market and King Soopers. Surely Kroeger must be laughing at how easy it was to "get even" and move into Safeway's turf in Vail! Did anyone do due diligence before giving away rhe candy store? I also enclosed a chronology of the Commons dealings which gives the background history for this "electorate" revolt. Not included are the sessions held with West Vail residents who told the Task Force "no supermarket" from day one. The Council had their own agenda, and some of it bordered on admitted conflict of interest.. . admitted at the 11 th hour, but nevertheless admitted. ? 0 This town has some very briaht business people who have chosen to move here. There are many residents who have sold property and been involved in affordable housing with municipalities. Were they contacted for a Task Force? Of course not, that would upset the plans because they might have come up with an affordable housing plan that didn't include a supermarket, but perhaps it would include another venue that would actually bring in sales revenue rather than divide what currently exists in a market where sales tax revenues are flat. The previous Vail Town Council represented themselves, not the people who elected them, and demacracy, being a governmenf of the geople, chose to have the people be represented by "the people", and not by a governing body that refused to listen or re- evaluate.. The Common Sense group are not stupid they know what went on, but did not have the financial resources to fight the system, and our local media are highly . a dependent upon advertising dollars from City Market, so the real stories never got out. That's the information the visiting media should be given. ` - CHRONOLOGY OF THE V.AIL COMMONS PARCEL ~ ; ...purchased in 1981 by Hud Wirth partnership: Vail Commons, Ltd. ...1989 actual value 1,724,710 Million by Eagle County Appraisal 8/05/89 ...1991 actual value reduced to 1.1 Million by Eagle County Appraisal 8/27/91 June 1991...Bob Kendall of Kelton, Garton & Kendall contacts parcel owner with offer from Loftus, Inc., a Boulder development company. Dec. 1991...Safeway confirms interest to developer for new store location if parcel can be acquired. Jan. 1992...Safeway Real Fsstate Division receives revised site plan from developer for proposed store including employee units above commercial and on-site for sale housing units ' Spriny/Summer 1992...Safeway, devllt company, and TOV discussions continue on parcel development. Dev'lt company offers Wirth group 1:75M for parcel. Fall 1992...TOV informs Safeway and dev'lt company it is preparing a Master Plan for the parcel Early 1993...TOV outbids devllt company and purchases parcel for 3.2M or half a million dollars per acre for undeveloped, unimproved land with intended use of employee housing Summer 1993... Safeway Real Estate Aivision meets with TOV Community Planning Dep't, and Town Council to discuss joint venture for Vail Commons as proposed by Safeway in 1992 for employee housing and new store. Summer 1993 Proposed Master Plan £rom Fall 1992 not presented and Council once again proposes development of a public process for a Master Plan of West Vail area, including the Commons. Fall 1993...TOV informs Safeway it wil.l no,longer negotiate with them on an exclusive _ basis. Discussions with Safeway and developer halted. Fall 1994...RCC's Chris Cares, site consultant hired by TOV, asks Safeway's Real 5state , Division to look at proposed site plan developed jointly by Vail Community Planning Dep't and RCC. Store site;is oriented North/South on plan. Respondents are given access to plan. Safeway erncouraged by Community Planning Department to work with devllt companies but City Market is not given same di.rective. Town Council is unaware of the directive to Safeway. This issue later shows up on 6/27J95 with no developer fee for City Market as being one of the reasons for the choice of City Market as developer. . January 195... Request for proposals sent out by TOV to selected individuals and corporations based upon criteria established by town hired consultants. Four supermarket .proosals are received.Three development companies include Safeway in their proposals and the fourth is City Market. Spring 1995... TOV Community Planning Dep't withdraws RCC site plan from all respondents inorder to obtain more diversified site plans. City Market is only respondent to come back with North/South store site orientatian of original plan as developed by TOV Community Planning Dep't and RCC consultants. Request was made for diversification of plan, but original plan was ultimately chosen. 0 ~ June 27,1995...At Council 2 p.m. work session, Council appointed individuals on Task Force advise Council not to rush the decision to enter into any negotiations. They are not convinced that any of the three final proposals as presented are right for the Commons. Council votes 4-2 with one abstain to enter into negotiations with City Market,Inc. as Commons developer. June 30,1995...$300,000 Employee Housing Grant from State is to expire. Grant is extended because Council has voted to enter into negotiations with City Market, Inc for development of employee housing on the Commons. July 1995...City Market, Inc. closes on purchase of 14 acre parcel at I-70 Eagle Interchange from Vail Councilman Merv Lapin for new mall and supermarket project. Announcement is made that previously purchased City Market store site will be replaced with this newly acquired site. Safeway personnel state that although they received three phone calls from Lapin's real estate partner,they were not involved in any negotiations with Lapin for his site in Eagle. G July 1995...At 7/18 evening session, with more than 100 people attending, Council is presented with 684 signatures from residents and property owners petitioning that Council decision of 6/27 be re-examined. Council stays firm on decision, announcing that the 2 dissenting votes have reversed their position and it is now a unanimous Council vote for the City Market proposal to go forward. July/August 1995 Outpour of objection to Council decision and their unwillingness to listen to the people is received and published by local media. August 1995...A Peoples' Petition is established that requests an Ordinance be developed by the TOV to create a West Vail Master Plan, developed by the TOV and that the Town not enter into any contracts for development of the Vail Commons until such Master Plan for the West Vail commercial area is approved by public process. Recent information diatributed by the Town states that the City Market Team will be asked to develop a Master Plan for West Vail. The Common Sense Committee opposes this concept. August 1995...Petition presented to registered Vail electorate for required 434 signatures so that it may be placed on November ballot. • history/wps i ' ~ ~ fi ~ t com ~tltion mvests aliolls ' Kroger and New York investment firm Kohl- Asscxiated Press berg Kravis Roberts Co. CINCINNATI - Kroger Co., the Kroger invested $131 million in nation's biggest supermarket opera- 1989 to revamp 26 stores. This year, tor, is in the middle of its largest capital the company Aill spend almost five iirvestment plan in its 112-year history. times that much on 45 new stores, 35 The goa] is to attract new shoppers relocations and 51 expansions. and keep the current clientele from A new store is opening next week at flocking to one-stop-shopping competi- he Wyomiiig of Kroge sDn Mich gan to tors such as Wal-A~1art. "You ahva}.s keep mmning• The 79• bear is always right behind you," &-~d "Before the takeover atten;pt, we Joseph Pichler, chairman and chief spent about $400 (million) to $450 executive officer the Cincinnati-based. million a year on stores in capital . P company. b~~g," Pichler said. Kroger plans to spend $650inillion 'But that expenditure dwindled as next year remodeling, relocating and _ the cornpany focused on chipping away expanding natioDWide. debt;'which stands at $3.4 billion. Six years . ago; the 1debt-laden.::`;='_, Kroger accumulated the debt by Kroger could `not consider;capital ex- ` Ptting, together a refinancing plan to penses of '.this magnitude.' Its . debt avert , takeover attempts. It involved reached a;high of $5.3 blliom'after pa~~ing shareholders a specia] dividend Kroger.: fought of# a: 1988..takeover att~mpt;by the Haft family of Maryland See KROGER, Page 2E . " A 7 w . . . • 0 r~ the rebound, Kroser mvests to survive / i KROGER, from Page lE through 1996. & Phelps Investment, Research. '~7 i Kroger's management said it has "lf a Wa]-Mart opens up in a very ~ to retain control of the company. met or will meet that goal for 1994 and small market where a Kroger is, it's ~ "After that, we devoted most of our 1995 and expects to exceed it next going to give Kroger a run for its ` cash flow to paying interest, paying year. money," McNeely said. i down debt and refinancing," Pichler 'I'o compete with Wal-Mart, Kroger ~d Analysts credit Kroger's strict ad- ~,uilds, expands, remodels and relo- herenc:e to a policy of a]]ocating half of But competitors were active during its "free" cash flow - money left after cates stores as necessary. It costs the stores r, someOsgainedntgroundtoH build hile Paying regular debt obligations and Kroger whitded its debt. ~u ld a new store and roughlyrthe same other expenses - to debt reduction ~and the other half to store improve- for a major remodeling. ; i As part of its restructuring, Kroger ments. Projects are ongoing nationwide issued $630 million in 15.5 percent with emphasis on Atlanta; Phcenix and junior subordinated debentures. The "Debt is always going to be an Tucson, Ariz.; and Dallas. Kroger has i company recalled the notes in October issue, but they've done a nice job of identified those as growth markets. ~ 1993, before it had to begin paying refinancing that debt," said analyst Kroger has managed to maintain ' 15.5 percent interest on them. Ieffrey Thomison with J.J.B. Hilliard, No. 1 and No. 2 market positions in its That freed Kroger to concentrate W.L. Lyons Inc. in Louisville, Ky. ;argest markets - those cities where on building and improving stores again. "They're doing very well against the Kroger operates 10 or more stores, . The company began an ambitious plan others. Thomison said. Cincinnati is among ; to expand retail square footage by 5 Wal-A9art stil] presents a cha]]enge, Kroger's biggest markets. Atlanta and ~ I percent to 6 percent a year from 1994 said ar,alyst Sheila McNeely, with Duff I)enver are the ]argest. l S • ~ . i ~ ~ IN AIEMORUM On September 12,1995 "The Voice Of The People" died in the posh resort Town of Vail Colorado. Despite overwhelming public opinion to the contrary, the Vail Town Council passed a motion to procEed with the development of a supermarket complex on the 6.6 acres of land known as The Vail Commons and owned by the people of Vail. The motion set in place the legal proceedure for the Town to sign a contract . a with City Market, Inc. whos parent company, Kroeger Corp. from Ohio, is on an expansion program to fight competition, Safeway, Inc. being a main target. The citizens of Vail want affordable housing on the property, which is the last large tract of land within the town. Their objection is to a second supermarket in a town that has only 28% of its population as permanent homeowners; and to being blackmailed by the Town saying that affordable housing can only be obtained by having a supermarket subsidize the housing. One look at their RFP package tells us they had no intention of seeking out other venues that would add to the already flat sales ta7c. Instead they are setting in motion a plan that divides available sales tax revenues from supermarket purchases. A world reknown awazd winning affordable housing architect, and a prize winning affordable housing developer of homes in the Central Rockies, never made it to the final selection. How odd that Vail turns down some of the best? . In response to these "back room" dealings, a group of concerned citizens organized a"Common Sense For The Commons Committee". To date they have given 700 signatures to the Council from property owners, and more than the required 434 registered voter signatures necessary in order to place the issue on the 1Vovember ballot. The Council has turned a deaf ear since June 27th when they made their decison to start the engines and run over the advice of their appointed Citizens Task Force and the opinions of Vail residents. The supermarket has been bulldozed through by what that legislative group termed an Administrative decision denying the people their right to vote on the issue. The Vail Town Council now has new faces that the citizens hoge will listen when concerns are raised. Democracy came back to life with the election of representatives who hopefully won't vote in their own best interests! mediaJwps ' • The Uq~ - Jc.¢iu CUY 12. 1996 22 7VAM xvwn-or VOYl S1ateS a111105t- $250,000 for special events s~ ¶ moved to Auguat's Summer- councilwoman Judy Yoder. e~e~09000 co1~LJ1d fest if council so d6sir.ea. "We're not in Mexico." some other proposed event "It lends itself -to a multi- ependitures include: cultural theme," answered ~ $22,500 for Avon's 9E1in- councilman Tom Hines in t,er Carnival'in December. , aupp6rt of. the idea. "We do ¶ 0 $12,438 for a September have a large Hispanic com- July sa11ute bike-awixn-run triathlon. munity that many people ~~~N ARHOS o_ $10,322 for a firat-annual don't give a damn about." Spend the bucks and they Cinco De Mayo celebration, "I'm all for it, if we're going will come. In the. spirit of to include Mexican food, mu- to get that kind of atten- spending taupayer dollars to gic and art. -aance;" councilman Jim Ben- attract the money of visitors, °$9,106 #'or . the town's son said. "I. juat don't: want the Town of Avon is no dif- Summerfest in Auguet. . us to waste our efforta." _ ferent from the ;other °$8,000 for Avon's 1996 Councilman Jack Fawcett tourism-dependent towna. employee Christmas party. advocated the addition of At a Jan. 9 Avon Toevn The idea for a Cinco De eventa in late February and . Council meeting, members Nlayo Mexican Independence March. Theae are the months , reviewed a 1996 special Day celebration surfaced af- w'hen the most tourists are events budget which totals ter- the recent demise of in to.wn, he said, yet there is $244,556 for events such as BobFest, a celebration of the only one event scheduled its annual Easter Egg Hunt, mediocre man that ended up during the time period - the Fourth of July Lacrosse mediocre itself. Avon recre- March 30 Snow Softball Tournament, Salute to the ation staffers'needed a re- . Tournament. Recreation de- , USA, employee picnic and placement for the month, and partment officials allocated , Winter Carnival. The tenta- surveyed a number of Col- no money for this event. tive budget covers 17 town orado communities for ideas. "We need to call out-of- events from 1VTarch through Cinco De 1Vlayo is their an- atate resorts to poll, get December. " swer. ideas for more epecial The largest item on the Some council members events," Fawcett said. "We list, Avon's annual Fourth of questioned the necesaity for might 'get one or two ideas July Salute to the USA, is a large May event, saying we haven't thought of be- . slated for $119,702. In addi- rainy weather would discour- fore." tion to the fireworks which age turnout. Others aimply According to Mayor Buz will sparkle over Nottingham disagreed with the GSnco De fteynolds, the council will Lake, RReryl Jacoba, the 1lRayo concept - one which Wait for more details from its - town's director of recreation, Jacobe estimated could draw recreation department before allocated $30,000 in the 1,500 to 2,000 people to finalizing its special events Salute budget for a"big- Avon. " budget. Those details should name brand." She indicated "9Vhy are we celebrating come on-line in the next that such a band could be one specific e oug?" asked month or so, he said. V~ V~ey F'oaandataomm has ' announced that II,oacy Babcmckw~1 take over as the non-profit organiza_ tion's D'arector o8 Development. In ' her new position, ahe will manage and administer membership programe, create new initiativea, and investi- gate additional fund raieing opportu- nities: She replaces,Clark White. side9 who left the foundation in Septexnber. • A 1982 graduate of the Uaiveraity of Vermont, Babcock previously , served as Aesistant Director of Mem- berehip for the foundation from 1991 tu 1993. Prior to 1991, ahe aerved as • president of the Technical, Planning and Rqanagement Company in 9Vaits_ field, Vt. For the past two years, ahe has been executive director of the Col- orado Ski Muaeum. In the poaition, Babcock was reaponsible for fund rais- ing, statewide ezpoaure and all spea cial eventa for the museum. She will continue to serve as a member of the muaeum's board of directors. aco dd e4 TOddltl ~F VAIlL 75 South Frontage Road Offcce of the Town Attorney Vail, Colorado 81657 970-479-2107/Fax 970-479-2157 MEMORANDUM TO: Vail Town Council Robert W. McLaurin Pamela A. Brandmeyer FROM: R. Thomas Moorhead, Town Attorney DATE: January 15, 1996 RE: Town of Vail Speed Limits in Business Districts and Residence Districts On January 15th, I met with Chief Greg Morrison, Larry Grafel and Greg Hall to discuss speed limits within the Town of Vail in business districts and residence districts. This was as a result of Town Council's inquiry of the 15 mph speed limits upon first reading of the ordinance to adopt the Model Traffic Code. That matter was tabled and referred to staff for consideration and additional information to be presented to Council. Section 1101 of the Model Traffic Code establishes the following speeds to be lawful: (a) 20 mph on narrow, winding mountain highways or on blind curves; (b) 25 mph in any business district; (c) 30 mph in any residence district... The topic of the discussion concerned the Town of Vail speed limits. Most of the Town is presently controlled by a 15 mph speed limit. Whether this speed limit is unduly restrictive or is reasonably related to special considerations will be addressed by the Town of Vail Public Works and Police Department. The discussion will attempt to arrive at a decision which will take into consideration the factors of enforcement and traffic engineering. This will require traffic studies and surveys in those areas where a 15 mph speed limit may be appropriate. The objective will be to justify the 15 mph speed limit by traffic study and survey and the existence of special hazards. A target date of August 1, 1996 has been selected which will provide adequate time for the completion of traffic studies. The traffic studies in the opinion of Greg Hall are best performed in the late spring and early summer when the roadways are more likely to be clear and dry. Please feel free to contact any of us for additional information in regard to this project. Thanks. RTM ~ xc: Greg Morrison / Larry Grafel ~ Greg Hall Buck Allen RECYCLEDPAPER *VAIL" TO i~l O75 South Frontage Iload Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IAflMED9ATE RELEASE January 16, 1996 Contact: Bob NlcLaurin, 479-2105 Town iVianager . ° VABL R0UNDe4BOUT DOES VVELL 9N R~DUCBN(a DELAYS, CONGESTBON DURBN6's, FIRST SIX MONTBiS OF OPERAT90R9 (Vail)--Vail's new roundabout is doing well in reducing delays and traffic congestion at the main entryway off I-70. An analysis of the project's first six months shows some positive results; however, town officials say driver education remains a key component in the roundabout's continued success. "V1/e're delighted the project is beginning to prove itself on its own merits," said Bob McLaurin, town manager. "Those who use the intersection will ultimately determine its success based on their ability to maneuver through it." The roundabout has carried about 2.5 million cars since construction was completedin October, according to estimates compiled by Greg Hall, town engineer. Hall's figures atso include traffic count comparisons for the just-completed holiday season in which the intersection saw about 15 percent more vehicles per hour at peak periods compared to the 1994-95 holiday. Also, skier numbers were up two percent in December 1995. But more importantly, Hall says, is the lack of back ups at the intersection compared to previous years. "That's the big difference we've seen, so far," Hall said. "The waiting time to enter the intersection has been nearly eliminated even (more) RECYCLEDPAPER f Roundabout/Add 1 during our heaviest traffic periods." The north side roundabout carried a high of 1,819 vehicles per hour during the afternoon peak on Dec. 28, compared to 1,557 cars per hour recorded on Dec. 29 the previous year. The south side carried 3,284 per hour during afternoon peak, compared to 2,898 vehicles per hour the previous year. The roundabout is designed to carry up to 5,000 vehicles per hour. With traffic flowing smoothly at the roundabout during the holidays, the town was able to experiment with several new programs, McLaurin said. For example, an express van was added to shuttle passengers from Lionshead to the Covered Bridge, and from Golden Peak to Lionshead via the Frontage Road. "This is something we've always wanted to try during our afternoon rush, but the Frontage Road was always clogged in years past," said McLaurin. Outlying buses also were running more efficiently as a result of the roundabout, he said. In addition, traffic exiting the Village parking structure was directed west through the roundabout rather fhan eastbound on the Frontage Road to the East Vail Interchange and traffic from the Lionshead parking structure was directed east to help relieve the West Vail Interchange. Also, emergency vehicles found quick access through the roundabout during the holiday period. In previous years, it was more efficient to relocate emergency vehicles away from the Main Vail intersection, McLaurin said. With the roundabout handling traffic on its own, the holidays also offered an opportunity to provide an emphasis on traffic control operations elsewhere at Golden Peak and East Lionshead Circle. However, overall traffic control operations have been (more) r 6 RoundaboudAdd 2 reduced by five seasonal community safety officer positions this season as a result of the roundabout, a savings of about $50,000. The success of the roundabout was also a topic of favorable discussion during guest surveys and focus groups conducted by Vail Associates, Inc. over .the holidays, McLaurin said: Accidents, another measure of the intersection's efficiency, have declined since completion of the project and are now running slightly below the average number of accidents at the site over the past three years, Hall said. During the construction months of July, August and September of 1995, a total of 10 accident reports were filed with police, half of which were caused by the ongoing construction. The three-year average for this period is four accidents at the intersection. There were only five post-construction accidents reported from October through December,* including a vehicle whose windshield was damaged from the effects of a snowplow on the I-70 overpass. That compares to an annual average of seven accidents at this location during October, iVovember and December from 1992 to 1994. The three-year average for irijury accidents from July to December is two. To date, there has been one injury accident reported at the roundabout. This occurred when a construction flagger received minor injuries during a hit and run accident. Hall is reviewing each of the accident reports to look for trends or possible adjustments needed to tvveak the intersection. "Driver education continues to be the key," Hall said. Failure to yield and approaching the intersection too fast have been the cause of most of the accidents, Hall said. Several other mishaps occurred when (more) S Roundabout/Add 3 vehicles stopped after entering the circle; another occurred when a driver within the circle put the car in reverse and attempted to back up. "With multi-lane entries, it's important to use caution and drive defensively," said Hall. "Not only should you look to your left, but once you proceed, you need to be aware of what's happening on your right, as well. Then, once inside, dnn't stop. Keep moving until you exit." Weather, also, will likely play a contributing factor in the accident rate, as it does elsewhere in town, Hall said. In addition to the five post-construction accidents at the roundabout, Vail Police took reports on 275 other accidents throughout town during the fourth quarter of 1995. Since October, police have issued one citation for failure to yield in the roundabout, while three warnings have been written--one for following too closely and two for failure to yield. Police Chief Greg Morrison says his department will continue to educate drivers to help with the transition, including distribution of a brochure on how to drive the roundabout. The brochures also have been given to lodges, rental car companies, local visitor centers and other businesses. Free copies are available by calling the town's Community Information Office at 479-2115. Vail's $2.2 million roundabout is one of only 11 other modern roundabouts in the U.S. and the first modern roundabout interchange in this country. Leif Ourston, of Ourston and Associates of Santa Barbara, Calif., who designed the project, predicts an explosion of roundabouts across the country due to Vail's success in reducing congestion at a major interchange. (more) e 6 Roundabout/Add 4 Funding for Vail's project was developed through a partnership between the town, Vail Associates, Inc. and the Colorado Department of Transportation. The ski company has contributed $500,000 to help build the project, while the Department of Transportation has given $200,000 for signs and striping. # # # *Accidents recorded in January 1996 will be used in a three year comparison running January through June. The average number of accidents during this period for the past three years is 18 with four injury accidents. i nc vH 1 L I KA 1 L 97094901 gg P_ 2 ~ ~ A r 'x C • ~ry~L~I~CC.~, ~C"~ D . Q . P a' T H E4c ° . ' ~ TML 5 . VQits GrgOtgO IVeevspQpef ShCe 1965 . 303/049-4pQ4 EAX:303/949-0i99... " . ' . Drower 6200 - Vdl, Colorado ff1658 . ~ 04fices bcated in The Make4 Ploce - Eagle-VoCColorado' raniaary 11, 1996 ~ To: Stazanne Salverthorri. . . From: ]oe,Donnelly Re:. ~ation . cc: ~ y. ~a~ M,{ . ~ . . . - Toa~ . °,a' N:•. i . r • , ~ ~ . ~ . '~'ti~~-x..;;f~~: "eK~t;. • :r:~ ~ ~ ~ igniieci f~on1 T'lae ~"ail ~T'piirsue solne persorial ~ . projecfs. Tl4Ie parted oxi `yery; 9ooternis ai~. I'm siu°e I~vill be orbif~tg ~ The Trafl's taxuverse for awhile. Damon Arhos v4ill be talarig my place on the Vail beat:: ~He is a very. capable and diiigent and should have no problem~ stepping right in. Please encourage Bob, Tom, ef al to tgeaf him with fhe same respect . wifh vvhich they treateci me. In oi'cher vvarci5, if he's short at Bart and Yefi's spotk=i a beer ¢oP cyrying out Ioud. ~ . St~~e; I'c~ like to thart~c.:~Ixfor all your help. You've ynad.e nt'mb easier: d' Y J . . . .r . . ~ '~'~y~o~~o~f..,a ~e.~nendous asset to the to~ ~ about... ~ , p?g;°n ~te T'~T~ shov~ :I guess we toulci. taLc about doing ~ot sax~e ~e~'vi~ ube hancll a~r~ . pool ti~ss instead of p. oliti~~.~P e it. M cs-should be my forte: . P lease pass on my ttanks to all the Towri of Vafl staff, inclucling ~ public worlcs, the commurity cievelopmerit depiartiiient, and council members ('I°om, Merr and Peggy of course), who lave all beexl so cooperatave and helpgul. . ~ . The 'Il'oum of Vail seems to knovv that honesty zs the 'best policy. i. a,ppreciate. mof 1lavang to vvade through mounds af B.S. over the pas$ ~ . ye3Y OY!$iS: It's nice $o know:;t~Lere are some governmental agencies where;:.foor th'e. Most part, yod--`r~ ask a straight question ~d g~ a ~ . s~aagkiY. ag~swer:=.:.. - ' . . . . ~ - . 'I1iagiks again. Ifi' - ~ . s b een PR£SS . ~ ~ VAEL TOWN COUNCIL WORK SESS90N TflJESDAX, JAGVUAF2V 23, 1996 2:00 P& IR9 TOV COUNCIL CHAIVIBERS AGEBVDA 1. Kraige Kinney 15 Year Anniversary. - - 2: PEC/DRB Review. 3. Overviev?r of the Category III EIS and the TOV/VA Agreement 4. Joint meeting with Eagle Board of County Commissioners. i 5. Update on Railroad Abandonment. 6. Discussion Down-Valley Housing Opportunity. 7. Information Update. 8. Councif Reports. 9. Other. .10. Adjournment. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT. TO CHAN(9E) I I I I I I I THE NEXT !lAIL 70WN COUNCIL REGULAR WORK SESSION UilILL BE ON TUESDAY, 2/6/96, BEGINNING AT 2:00 P M IN TOV COUNCIL CHAMBERS. THE FOLLONUING VAIL TOWN COUNCIL REGULAR WORK SESSION liNILL BE ON TUESDAY, 2/13/96, BEGINPIING AT 2:00 P M IN TOV COUNCIL CH,g?MBERS. THE NEXT V,41L TOWN COUNCIL REGULi4R EVENING IVIEETIRIC WILL BE OM TUESDAY, 2/6/96, BEGINNING AT 7:30 P M IIV TOV COUNCIL CHANIBERS. IIIIIII Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. . , C:WGENDA.WSE MABL TOWN COIIIdC@L ORK SESSION TUESDAY, JANl9ARV 23, 1996 2:00 P.M. IN TOV COUNCIL CHe4MBERS _ EXPANDED AGEINDA 2:00 P.M. 1. Kraige Kinney 15 Year Anniversary. 2:05 P.M. 2. PEC/DRB Revievv. 2:15 P.M. 3. Overview of the Category III EIS and the TOVNA agreement. Russell Forrest Joe Macy ACTIOiV REQUESTED OF COUiVCfL: No action requested. This is an Loren Kroenke Informational update. BACKGROUND RATIONALE: Category III is a proposed expansion of Vail Mountain in the two elk drainage. The proposed action involves expanding the ski area by approximately 1000 acres. The USFS is currently reviewing this action and has prepared a draft Environmental Impact Statement (EIS). The Category III EIS is intended to identify and analyze the environmental consequences of this proposed action and alternative actions so that an informed decision can be made by the Forest Supervisor. A critical component of this action is the Town of VailNail Associates Agreement to manage peak periods. This program involves a task force made up of representatives from the Town of Vail, Vail Associates, and the community. This task force will implement programs to manage skier days in a way that reduces pressure on Town . infrastructure during peak skier days and increases skier numbers during traditionally slow times of the season. Vail Associates and U.S. Forest Service Update Re: Category III. 3:00 P.M. 4. Joint Meeting with Ea,gle Board of County Commissioners. ACTIOIV REQUESTED OF COUNCIL: The Eagle Board of County Commissioners would like to discuss issues and concerns. Some subjects for discussion would be cooperation, transportation, housing and annexation. 4:00 P.M. 5. Update on Railroad Abandonment. George Roussos Larry Grafel Todd Oppenheimer 4:30 P.M. 6. Discussion of Down-Valley Housing Opportunity. Susan Connelly ACTIOfV REQUESTED OF COUNCIL: Direction re: possible housing - project outside of Town of Vail. BACKGROUND RATIONALE: There may be an opportunity for the TOV to participate in some way in a 75 unit housing development located east of Avon. 4:50 P.M. 7. Information Update. 5:00 P.M. 8. Council Reports. 5:10 F.M. 9. Other. 5:20 P.M. 10. Adjournment. NOTE UPCOMING' MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 2/6/96, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 2113196, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 2/6/96, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. Q\.4GENDA.WSE i 2 PUBL8C NOTICE !lAIL T01A/N COl1NCIL MEETIIVG SCHEDl1LE (as of 1 /l 9/96) • FEBRl9ARY, 1946 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: EVENING NIEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public , audience for conducting regular Council business. bVORK SESSIOiUS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on everv Tuesday afternoon. THE FEBRIIARY 1996 VAIL TOWN COU1VCIL A9EETING SCHEDIILE IS AS FOLLOWS: Tuesday, February6, 1996 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Tuesday, February 13, 1996 All Day Public Process VVorkshop - 8:00 A.M. Tuesday, February 20, 1996 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Tuesdav, February 27, 1996 All Day Long Term Strategic Plan Work Session - 8:00 A.M. @ The Charter At Beaver Creek TOVVN OF VAIL Pamela A. Brandmeyer Assistant Town Manager Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. PUBIL.IC N0TgCE VAgg. TOWN COITNCII.. MEET NG Tuesdav Januarv 30 1996 Work session NO MEETING DUE STH TUESDAY OF THE MONTH. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. n 4 • , PLANN6RR(a AND ENVIRONMENTd4L COIIAflAISSIOR9 January 22, 1996 F@NAL AGENDA Projec4 Orien4ation / Lunch 91:30 prn Discussion of appeals process - Dominic Lodges at Timber Creek / phasing change request - Randy Site Visi4s 12:30 pm 1. Golfcourse Townhome #48 - 1568 Golf Terrace 2. Drisco - 325 Forest Road . 6 3._ Dauphinais - 1875 West Gore Creek Drive 4. Camelot Townhomes Unit 4- 2801 Basingdale Driver: George Public Kearina 2:00 p.m. 1. A request for a residential addition, utilizing the 250 Ordinance, and a density variance, to allow for an expansion to an existing unit located at 1568 Golf Terrace/Unit #48, Golfcourse Townhomes, Sunburst 3rd Filing. Applicant: Bob Trotta Planner: George Ruther MOTION: Jeff Bowen SECOND: Henry Pratt VOTE: 5-0 APPROVED 2. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing unit located at 2801 Basingdale (Camelot Townhomes - Unit 4)/Lot 2, Block 8, Vail Intermountain. . . Applicant: Jamie Turner Planner: Dominic Mauriello MOTION: Jeff Bowen SECOND: Henry Pratt , VOTE: 3-2 (Deighan, Amsden opposed) APPRO!/ED VI/VTHOUT CONDVTIOBdS 3. A request for a residential addition, utilizing the 250 Ordinance, to be used in the construction of a Type I EHU in a new Primary/Secondary residence located at 1875 West Gore Creek Drive/Lot 24, Vail Village West 2nd Filing. Applicant: Pat Dauphinais Planner: George Ruther MOTION: Jeff Bowen SECOND: Greg Amsden VOTE: 5-0 APPROVED , I. ti 4. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing duplex unit located at 2850 Aspen Lane/Lot 17, Resubdivision of Tract E, Vail Village 11th Filing. Applicant: Frank Wimer Planner: George Ruther MOTION: Jeff Bowen SECOND: Greg Amsden VOTE: 5-0 APPROVED 5. A request for a worksession to discuss a residential addition, utilizing the 250 Ordinance, , to allow for an expansion to an existing unit and a front yard variance to allow for a ~ garage to be located in a front setback in association with the construction of a new Primary residence located at 325 Forest Road/Lot 18, Block 7, Vail Village 1st Filing. _ Applicant: Steve Riden representing Tim Drisco Planner: Jim Curnutte NO VOTE - worksession 6. A change to the TOV survey policy to require an Improvement Location Certificate (ILC) prior to a foundation inspection when a project is within three feet of a setback line, has a building height within six inches of the maximum allowable, has a driveway that is greater than 10% or for all projects including three or more separate structures. Planner: Lauren Waterton MOTION: Jeff Bowen SECOND: Greg Amsden VOTE: 5-0 APPROVED 7. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing single family residence Iocated at 2299 Chamonix Lane/Lot 7, Block A, Vail 1 Das Schone Filing #1. . Applicant: Frank D. D'Alessio Planner: George Ruther . MOTION: Jeff Bowen SECOND: Kevin Deighan VOTE: 5-0 TABLED UNTIL FEBRUARY 12, 1996 8. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to the secondary residence located at'275 Beaver Dam Road/Lot 40, Block 7, Vail Village First Filing. Applicant: Steve Berkowitz Planner: Randy Stouder MOTION: Jeff Bowen SECOND: Kevin Deighan VOTE: 5-0 TABLED UNTIL FEBRUARY 12, 1996 0 0 9. A request for a Minor SDD Amendment to allow for changes to the development plan located at Millrace Phase 3, 1335 Westhaven Drive/Development Area A of the Glen Lyon SDD (SDD IVo. 4). Applicant: Steve Riden representing Gregory Walton Planner: Jim Curnutte MOTION: Jeff Bowen SECOND: Kevin Deighan VOTE: 5-0 TABLED BNDEF@NUTELV . 10. A request for a Major SDD Amendment to allow for a 485 square foot addition to an existing condominium in the Gateway Building located at 12 Vail Road, Unit SNail Gateway Plaza Building. , Applicant: Steve Riden representing Vail Apartments Inc. Planner: Randy Stouder MOTION: Jeff Bowen SECOND: Kevin Deighan VOTE: 5-0 TABLED BNDEFVNBTELV 11. Information Update - Susan o PEC terms and appointments 12. December 11, 1995 minutes MOTION: Jeff Bowen SECOND: Kevin Deighan VOTE: 5-0 APPROVED January 8, 1996 PEC minutes. MOTION: Greg Amsden SECOND: Henry Pratt VOTE: 5-0 APPROVED VUBTH CHANGES Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. . . 0 ; PLANN9NG AND ENVORONIIAEIVTAL COnAnAISSlON January 22, 1996 AGENDA Projec4 Orienta4ion / Lunch 11:30 prn Discussion of appeals process - Dominic Lodges at Timber Creek / phasing change request - Randy Si4e Visi4s 12:30 pm 1. Golfcourse Townhome #48 - 1568 Golf Terrace 2. Drisco - 325 Forest Road , 3. Dauphinais - 1875 West Gore Creek Drive 4. Camelot,Townhomes Unit 4- 2801 Basingdale Driver: George Public Kearina 2:00 p.m. 1. A request for a residential addition, utilizing the 250 Ordinance, and a density variance, to allow for an expansion to an existing unit located at 1568 Golf Terrace/Unit #48, Golfcourse Townhomes, Sunburst 3rd Filing. Applicant: Bob Trotta Planner: George Ruther 2. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing unit located at 2801 Basingdale (Camelot Townhomes - Unit 4)/Lot 2, Block 8, Vail Intermountain. Applicant: Jamie Turner Planner: Dominic Mauriello 3. A request for a residential addition, utilizing the 250 Ordinance, to be used in the construction of a Type I EHU in a new Primary/Secondary residence located at 1875 West Gore Creek Drive/Lot 24, Vail Village West 2nd Filing. Applicant: Pat Dauphinais Planner: George Ruther ' 4. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing duplex unit located at 2850 Aspen Lane/Lot 17, Resubdivision of Tract E, Vail Village 11 th Filing. Applicant: Frank Wimer Planner: George Ruther . 0 5. A request for a worksession to discuss a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing unit and a front yard variance to allow for a garage to be located in a front setback in association with the construction of a new Primary residence located at 325 Forest Road/Lot 18, Block 7, Vail Village 1 st Filing. Applicant: Steve Riden representing Tim Drisco Planner: Jim Curnutte 6. A change to the TOV survey policy to require an Improvement Location Certificate (ILC) prior to a foundation inspection when a project is within three feet of a setback line, has a building height within six inches of the maximum allowable, has a driveway that is greater than 10% or for all projects including three or more separate structures. Planner: Lauren Waterton ~ . - i 7. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing single family residence located at 2299 Chamonix Lane/Lot 7, Block A,Vail Das Schone Filing #1. Applicant: Frank D. D'Alessio Planner: George Ruther. TABLED UNTIL FEBRUARY 12, 1996 8. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to the secondary residence located at 275 Beaver Dam Road/Lot 40, Block 7, Vail Village First Filing. Applicant: Steve Berkowitz Planner: Randy Stouder TABLED UNTIL FEBRUARY 12, 1996 9. A request for a Minor SDD Amendment to allow for changes to the development plan . located at Millrace Phase 3, 1335 Westhaven Drive/Development Area A of the Glen . Lyon SDD (SDD No. 4). Applicant: Steve Riden representing Gregory Walton Planner: Jim Curnutte TABLED INDEFINITELY 10. A request for a Major SDD Amendment to allow for a 485 square foot addition to an existing condominium in the Gateway Building located at 12 Vail Road, Unit 5Nail . Gateway Plaza Building. Applicant: Steve Riden representing Vail Apartments Inc. Planner: Randy Stouder TABLED INDEFINITELY e 0 ) 11. Information Update - Susan o PEC terms and appointments - 12. Approval of December 11, 1995 and January 8, 1996 PEC minutes. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. . p IlDIESIGN RE5IEW BOARD AGENDA ,Uanuaauy 17, 1996 3:00 P.M. PRO.?]ECT ORI]ENTATION / N~ LUNCH 1:30 SITE VISITS 2:00 1. Brown - 1239 Westhaven Circle 2. lnnsbruck Nleadows #5 - 2832 C/D Kinnickinnick 3. Bridge Street Lodge - 278 Hanson Ranch Road Driver: George 1. Bridge Street Lodge (aka Golden Peak House) - Rooftop mechanical. MM 278 Hanson Ranch Road/Lots A,B & a part of C, Block 2, Vail Village 1 st Filing Applicant: Lee Neeley, representing GPH Partners, Ltd. MOTION: Borne SECOND: Alm VOTE: 4-0 TABLED UNTIlL, lE']EBRUARY 7;1996 2. Brown - Changes to previously approved plans. GR 1239 Westhaven Circle/Lot 37, Glen Lyon Subdivision. Applicant: Sally Brainerd for Hillview Development Co. MOTION: SECOND: VOTE: ' TABLED INl[DlEFIN1[T~LY 3. Innsbruck Meadows #5 - Change to driveway and landscape plan. GR 2832 C/D Kinnickinnick/Lot 5, Innsbruck Meadows Applicant: Bob Borne MOTION: SECOND: VOTE: TABLED INDlElFINI[T]EIC,Y 4. Mizner - New single family residence. RS 50301VIain Gare Drive South/Lot 1, Vail Meadows Filing #l. Applicant: Duane Piper, representing Gearge and Joanne Mizner . MOTION: SECOND: VOTE: . TABLED UN'd'IDL lFlEBRUARY 7, Il996 MEMBERS PRESENT MEMBERS ABSENT Alm Moffet (PEC representative) Woldrich Arnett Borne Staff Approvals 3rd Rock - Sign Application. LW . .278 Hanson Ranch Road/Golden Peak House Applicant: Larry Ast representing Mike Justis Ludwig - Airlock addition. LW .792 A Potato Patch/Lot 11, Block 1, Potato Patch . e, Applicant: Alan Ludwig Lot 22, Glacier Court. - Change to previously approved plans. GR 1874 A Glacier Court/Lot 22, Block 2, Lionsridge 3rd Filing. Applicant: Pat Dauphinais Sign language interpretation available upon request with 24 hour notification. Please ca11479-2ll4 voice ar 479-2356 TDD for information. 2 , ~ ~d d e4 TOil OF VAIL ~ 75 South Frontage Road Department of Public Works/Transportation Vail, Colorado 81657 303-479-21581FA X 303-479-2166 MEMORANDUM To: Members of the Town Council From: Todd Oppenheimer, Public Works Date: January 18, 1996 Re: Railroad abandonment update. , At the January 23, work session George Roussos, Eagle County Engineer, will be making a presentation on the UP/SP merger and abandonment process. This memo will provide some background information to assist the Council in formulating a position on the issue and deciding on the level of involvement it desires. On December l, 1995 the UP and SP Railroads made a joint application to the Interstate Commerce Commission (ICC) for merger of the two companies and abandonment of the line from Gypsum to the Kansas border. The ICC process includes several deadlines to submit information for consideration by the ICC. January 16, 1996 was the deadline to submit a notice to participate to the ICC. This was done for the TOV through the legal council hired by Eagle County. The next important deadline is March 29, 1996 at which time all comments, protests, and requests for conditions from participating parties are due. 1 The ICC has several options in ruling on the UP/SP application. The word from the "Railroad industry experts" is that the merger will probably be approved. Individual parties opposing the application have voiced concern on topics such as national defense, reduction in competition, increased highway traffic and loss of jobs and businesses. The Council can oppose the merger and abandonment for any specific reasons, oppose only the abandonment for any specific reasons, or request that specific conditions be placed on the approval. The merger and abandonment are a 4.5 billion dollar deal for the UP Railroad. The are obviously concerned about organized opposition delaying or stopping it. They have stated a willingness to deal on the R.O.W., track or both. The $12 million price for the whole line (track and land) has been described as "bargain basement" by the Railroad. However, the $4.6 million value place on the Leadville to Gypsum line is only 1/1Oth of one percent of UPs whole deal. There have been several public meetings organized by State Parks, CDOT and the counties effected by the application. The general consensus that has come out of those public meetings is that the rail corridor must be preserved. The three options, in order of preference, for use of the corridor are 1) retain the current use and rail traffic on the line, 2) find a short-line freight, commuter rail or excursion (scenic) rail operator to take over the line, and 3) initiate "rail banking" on the line and create a recreational trail on the property. Each of these options merit consideration in formulating a position on the issue to present to the ICC. Neither the Eagle County Commissioners or the new Regional Transportation Authority have formed an official position on the issue. James Johnson has stated a desire to create a commuter rail line from Leadville to Gypsum. The creation of a recreational trail does fit into Eagle Counties masterplan for recreational trails and would connect to the TOV via Dowd Junction. The use of the corridor for something other than a railroad would require an agreement by the ICC and the Railroad to "rail banking". This is a technique, created within the National Trails System Act, that permanently postpones the reversionary clauses attached the R.O.W. For rail banking to occur an agency or organization must assume legal responsibility and compensate the Railroad for the property. The Town of Vail has been named in the Notice to Participate submitted by Fritze Kahn, the legal council hired by Eagle and Lake Counties to oversee the ICC proceedings. The towns of Eagle, Minturn, Gypsum and Red Cliff were also named in the notice. The Town of Avon has retained their own council but have committed to cooperating with other organizations. George Roussos will be asking for a financial commitment from the Town of Vail to participate in the process. The dollar amount of that requested commitment has not been stated at this time. Town staff has prepared the following list of questions that the Council may want to ask of George Roussos and/or the Eagle County Commissioners. 1. Our understanding of the ICC process is that they do not look favorably upon requests for conditions that are not supported by concrete plans for alternate uses of a rail corridor. What is the process that Eagle County will follow, from start to finish, in preparing a position to take before the ICC? How do you proposed to achieve a consensus among our group of participating organizations? 2. Part of the UP/SP application included a request to exempt the Leadville to Gypsum line from the normal abandonment process. If this were approved the corridor could go away in a little as 60 days. Has Fritze Kahn prepared an opposition statement to the exemption request? What are the deadlines for that submittal to occur? 3. It is safe to assume that any alternate use of the rail corridor whether it is a commuter rail, a recreation path or something else would need to analyzed through a market study of some sort. Has Eagle County given any thought to the preparation of a market study(s) and do you have any idea of what the associated costs may be? F.Y.I. Suminit County has researched the benefits derived from their recreational path system. In 1991, the 85,112 users of the recreation path system in Summit County expended over $4.3 million, generating over $158,000 in sales tax revenue. 4. Currently, Fritze Kahn has submitted information to the ICC in behalf of seven counties and municipalities. How are you proposing to divide the cost of those attorney fees among the seven? What other costs do you coming out of this process? What is the total amount of funds that Eagle County will be seeking? ( )(licu lhc 1loard nl Commi%sicincr%' (970) 328-8605 (.':ounty IiuildiiiN lax: (~170) .~:1tS-7211% P.O. 134,x AStI (97(1)32R-8797 . 500 Rrriadw:i.Y Janua~ 17, 1996 - '9O:a9 I:>>;Ic, ("~~~lon~lc1 8 163 l ()xs() FACLE CO(!NTY, CQLORADO AGENDA BOAR'u u'F COUNTY CO MNtISSIQN~~~ ~~~ULAR MEETiNG DAY ~ANUARY 22y 1996 Q i} A a6A o a6p a a c 4 a o ts ir A a ff c tr o 040 a C*A o Y} t! ir a O A 1. a:30 _ 10:60 WORbC SESSIQN - PIENDItVG LJTlGATION James R. Fritze, CounQy Attorney 90000 - ftls BREAK 2. 4~a9 9 4 e9 ~ VUORK SESSIOIV - d11EElCLY UPDATE 91e15 - 12e00 W0RK SESSION o MEET9NGS ATTEIVDED 92:00 - 9:30 aU~CH 9.30 - 1-49 COIVSEBVT CALEIVD14R qerrU aPO roaline and non-controverBle) ne4+re gra Plaoed an tha consevd cWenda?to ltItowthe 8oard ofCoumy Comrnlssbneiato apseed N6 time end onGM on vwre {mporfant Rftma an a I~ngth7 aBovida. Ai1y CommWsbner mag Mqueal thp4 an Nem be "REMOVED' Q?oR! ehe o001eefft eelender end wnuidered sepamtely. Mt+ memberofthe public m0y MECUEST eny qem be •REMoVED° irom tha Canaent Agee~, ~ BALIL Po'6YIN69 FOR TRlIE WEIEK OF dI'417UlbRG bb, 1996 L"¢nda Pankuch, Accounting flflark sirvertnorn, Controller ACT9ON. AppPObaf subject to revievv by the Chairman. BOARD OF CQIJNTIP COlIflM1SS1ONERS iVIINl1TIES 10m10-95 THROUGH 12-19=95 Gearge A. (;ages, Chairman of the Board ACQdONo ConsideP approyal Eagle BmOrd ofi County Camm6ssioners Agerada, January 22, 1996 Page Twq 0. RESO LUTION PROCLAIiUIIIYG TF#E FOl1RTH THUitSDAY OF APRIL AS EAGLE COUNT-f 1fEAN! DAY Eariene Roach, Q&p Representatiwe. ACpION: Consider approval ao AGREEMENT WoTH WESrRIPEe INCe FoR CRaCK FILUNG AND INFFtARED SEALJNG TO THE ROADS BN ASPEN MOUNTAIN 1/IEVN SUBDlVI310N . Mike GrubeP, Engineering Don Fessler, Road & Bridge ACTsON: Consider appPOVaI 0° APPRO1IE BID FRQI{A GIaENWOOD SPRINGS FpIZD FOR THREE FORD EXPLORERS ' ACT6O~9= C0~1SPd@P aP~y Al/8I~I3aP1, Sher~'~ Offic~ Ken RESOLUTION TRANISFEFZRtNG AIVD DISTRIBUTIN~ REVENtJES FFtO11Vd d'HE COUNTY FOREST RESER1fE FUND, FISCAL YE/0.it 1996 Sher AC790H. Consider approvalry erandon, Treasurer PTEAllS iV THE RECOR 900 9:46 -'(io~~ BLUE LAll(E FILINta Vo ACCEPTAPICE Qf ROAD FOR W11dTER MA1NTENAIVCE ONLY John Aithoff, Engineering ACT9OM, Consider approval 9'5@ ~~~OLU'TIOAi AUTHQRIYIlVG AN AMENDAAENT TO 4'~E F-4GlE COUIVTY PERSONNEfL POLICY Sue AC79OH: Consider app ovapEaton, Human Resources 2*0 V~~RK SESSiQIV - CIiANG11VG T'HE LOCqTIONS OF . ~~LUNG PLACES Sara Fisher, Clerk & Recrorder Eagre BoaPd off County Cormm6ssioners Agenda, JanuaPy 22, 1996 Page ThP~~ 3:00 - 3:95 BRE4K AFtD OP 3OCIAL SERi/1CES MEETING dCathleen Forinash, Heaith ~ Human Seryices THE PIEttY' IMEEY1iVG OF 71iE EAC;LE COUN71f CoRAMIsSIONER3IMLL BE P9ELD ON dAF1V11NV 23. 9895 . C1LL MEETIMGS IWiLL BE HELD IfV TtiE EACaLE COUPd7Y eUILbwG - So0 BROADWAY, EAGLE- OR 4TNERY1113E N07Eb. 'Y51?8 q(}ENDA IS PROVIDEO FoR INFORM11"pNqL pURPpsES pyLY - ALL 7iMES ARE ApPROXaIAATE. 1RiE BdqRD fRM1lE inl SEssraPd wAAY CoNglDER O7rieR 17EM5 THaT ARE BROUpHT bEFORE IT. ()fFic'c of tllr linard of (:umii,issionc:rs (970) 32K K(,pS F;lt;lc (.l)tuuy Iiuililing Fax: (9701 3281207 l'.O. liux 85() TI)1): (97p) i2R-N79% . . SUp llrc):jdway Rlfiil-URSII .9anuary 17, 1998 - 10:9 6 EAACLE COiYNTY, COLORADO AGENDA ~OAR ~F tJIVTY C4MMISSION ERS REGULAR 1VIEETIfV~ DAY JAN UARY 23 0 1996 AaaaaouasrAOitAO4fl of}aodon{}oa~ coiroo kao fkoo UQUpR 9JCENSE HEARIIVG 0. REIVEWAL a FITZSIlUIMQfVS MOTOR COAAPANY dbaA FITZSlAAAAONS IVlOTQR CUMPANY UU' CHANGE IN CORF'OFPATE STRUCTURE = MARQUEZ RESTAURANTS, INC. dba/FIESTA'S 1VElM MEXICAN - DELI & RESTAURANT 009. CHi4iYGE IN CORPORi4T'E STRUCTURE - PIIVEY RIVER RANCH, lNC, dbaJpINEY RIVER RANCH UV. RENEWAL - 13E,4VER CREEK LQpGE ASSOCIATES dbalBEAVER CREEK LODGE W. NIODIFICATION OF p?REMtSES - 13EAVER CREEK FooD SERvrCEs, INC. dba/BEAVER CREEK GOLF CLt1B BAR & GRILL VO. CHANGE IN caRPORaTE STRUCTURE m BEavER CREEK FOOD SERVICES, INC. dbe/BEAVER CREE6( GOLF CLUB BAR & GRILL V900 CHANGE IfV CpRPORATE STRUCTURE - BEA1IER CREEK FOOD SERViCES, IPVC. dba/SADDLERIDGE AT BE4VER CREEK V99U, ~HAIVGE IN CORpORATE S7Rl9CTURIE - BEAVER CREEK FOOD SERVICES, INC_ dba1BROKEN AF3R0W CAFE QXo CHANGE IAY COlZPORATE STRUCTURE - BEAVEFd CREEbC FOOD SEFdVICES, INC_ dba18EAIVp'S CABIN 2Ka CFIANGE IN CORPORATE STRUCTURE - BEAVER CREEK fiOOD SERVICES, INC. dba/IIV1V AT BEAVER CREEpC Xo_ CHANGE IN CORPORATE STRUCTURE - BEAVER CREEK FOOD SERVICES, INC, dba/SPRUCE SADDLE RESTP,URANT N0ea CHANGE IN CORPORATE STRUCTURE a BEAVER CREEK F00D SERVICES, iIVC_ dbalTRAPPERS caBrN Earlene Roach, Liquor anspec4or Eagle Board o$ CounYy Commissioners Agenda, January 2:3, 1996 Page T'wo 10:00 - 1 9 :00 WORK SESSION-1Z/81]IO FACIIJTl( A.J. Jofinson; SherifF 11'00 WORIC SESSION - VAIL 1//1LL.EY CONSOLIDATED WATER DISTlZICT 1ZELEASE OF DEED REST1ttCTIOIY T'om Braun, Consultant WCIIVD 12,00 - 1o30 . LUNCH 2099 IrRAVEL TO VAlL -9' 3'00 - 4:00 WOFZK SESSIOAI tiflllTFi MIIVfd OF VA1L THE Nxr MEETrNa oF TwE FaME couNtv conAMMsIoe,ERs waLs He HELo ona .KNUARr . 29,1986 A6L. &1EETTPICi31MLL BE HELD (fil 7WE EAOLE CWiVTIf BUILDING - 500 BttoADIMAY. €AalE• OR OTHERWISE IYCTED_ YFIIS /OGENDA fS PIR01nDED FOR INFqRIWAt10NqL PURPOSE$ orvLy - qLL 7UME6 qRE APpRox1MATE. • 7He ltOARD VMIiE IfV sESSIdN pqAY CoNSlMR OTHER IT54S 7s9qT AIZE BROUpNT BEFORE fY. ~ x Holy CYoss Ranger District ~ _ 24747 US Highway 24, PO Box 190 Minturn CO 81645 El .d a usA zoc , Pe Osterfoss... ~ ~ M ~ RECEIVED J~ . Town of Vail 75 S. Frontage Rbad Vail CO 81657 a ; ;1;,.11„1'I'L{lI.,„111 - _ . Dear Reader: , • This is to notify you of several changes regardirig the public comment period and information meetings for the Vail Category IlI Draft Envuonmental linpact Statement. These changes weae made necessary due to the recent furlough of Federal employees. . F'ust, the public comment pesiod which was scheduled to end on January 12, 1996 has been extended. Comments must now be.postmarked by January 26,1996. Second, a _ public meeting had been scheduled for the evening of January g, 1996 at the U.S. Forest ' Service Regional pffice. Due to the furlough, it was canceled and re-scheduled for 7 to 9 pm on Vilednesday, yanuary 24, 1996, at ihe Regional Offce (740 Simms Street in Golden, CO). We apologize for any inconvenience caused by the cancellation. This meeiing is intended w offer the public the opporhmity to ask questions of the Forest Service and the third-party environmental consultant, PIoncar &nvuonmental Services, in order to help focus written coament o~ the Dmft BIS. foR Loren Kroenke - Project Manager , White River National Forest Holy Cross Ranger District . ` ,Q„~~ P.O. Box 190 LATinturn CO 81645 (970) 827-5715 C H R O N I C L E S • ~ June, hundreds of Chechen ~ ~ ' ~ ' , i~ ~ rebels seized a hospital in an- L • public . , . ~ ~ , , other Russian town, Kizlyar, • , , . • . taking more than 3,000 OiIdL WRIGHT, 91; O.ovALrow, CALIF.: po • . d , • just , . Q hostages and killing dozens EDITOR AIVD FLYIPoG PAPER BOV o• d• • d with • , more in the process. De- ~ Since 1953, the manding the withdrawal of ~ edi4or o4 the fort- Q all Russian troops from ¢ nigh4ly Sierra ' Chechnya, the rebels then Z ~ BoosQer (circ, took 165 hostages with them g 3,500) has been in an attempted escape to Ponce using his 1948 Chari ' Chechnya. En route, how- a~ Aeronca sedan 40 ^ ever, Russian forces fired q~ get 4h~ paper 40 " Prince 427 upon the rebels, who quickly abou4 50 readers captured a border village, on^emote randees creating a tense standoff half and at 4ire4lookout stations. "ghey ge4 the Duke ,M a mile from Chechnya. paper in the mail, but tha4's not the Bastes4 in the wrorld," he says. Still, his customers Zaire Crash Kills 350 Princess "usually have 4o get a ladder and get it off 3;,,. , A Russian-built cargo plane the roof or ou4 of the frees. B only hi4 one - crashed into the crowded ou4 of 100 frorot porches." The FAA qried Queen Zomba Zikada open-air mar- 4o ground him last qear, but 6@frigh4 passed Y Mother42 ket in Zaire's capital, Kin- _ all the tests. "Bt's really age discrimina- shasa, killing at least 350 ~ 4ion," he says. "ghey shudder eahen you people and injuring nearly men4ion 4hat." 500; most of the casualties PAYRICFi DORDARI, 33; NEwrpoRT, ORe.: were women and children. 9J~S DELIbERYRRAf~ The calamity set a record for the greatest number of fatal- £ &(eiko, the s4ar ities on the ground in an avi- ¢ am ror ~ orca of the film ation accident. 0 ¦ FfeC Wilh/, tltlBS 815- ' Z~ ~ ing irom a sEcin ~ East German Spy Trader Guilty "i~s 1O a ¦ = A Berlin court handed East ` DIAe DOA? ` cramped tank in ~ German lawyer Wolfgang Vo- The $4.9 billion Denver Internatzonn.l a gel a two-year suspended Airpart may }iave lost a staunch advo- . o sentence for er'u black- cate last iueek. Pat Schroeder, the retirin P~ n'° C~~ g i mail and falsification of doc- Representative from Colorado, had her o legally parked car towed, impouncied K uments in extorting money and damaged in a screwup after she left ; from emigrants fleeing to it at a DIA ara " ` ~e West. Vogel had helped g ge. T7iey tried to tell me ; anange the swaps of more it was my fault," says Schroeder. "The Z than 150 spies in a three- worst thing about all this is that every- f decade career as an East- body treated me like a fool." The DIA's N West intermediary dunng . • other travails include: • the cold war. 0 Hi5h oPeratinS costs and 4ares Peave deterred reew carriers and deiven passen. APragmatic AppoiMmen4 , gers 40 ffie Colorado Springs airpor@ Russian President Boris ° An Oc4ober blizzard tlw4 snerled rurrovar8, Yeltsin named the country's putting the lie to the aieport's "all-weath- former top spymaster, Yev- . . ee" boas4 geny Primakov, as the new ° A luckless baggage sys4em still misdi- Foreign Minister. Primakov, a rects and occasionally mangles luggage; a specialist on the Middle East, recent passenger said his bag looked [ike succeeds Andrei Kozyrev, the i4 had been ychewed on by an alligator" liberal Foreign Minister who ° Scores of reported failures of its vaunted resigned last week. have caused P~er anxietyofy radar systems, according to the Derroer peru Gives American Life germ -GiEVIRf aEARSE, L9IAJYER FOR DEBORAH POA including one incident in which an A secret Peruvian military HARYER, ADfNiITTED TO TME HOS6+IYdL FOR ~iriiner had to pull up to avoid hitting a van court sentenced Lori Beren- O!/ERDOSIRfG OPo AR1 ARfTIAPoXIETY DPtUG. A °$wO ongang Securities and Ecchange son, 26, of New York City, COURY HAD ORDERED HARYE72 YO EtEEP PIER ~~~ssion imrestigations and a class to life imprisonment for trea- WAYVYARD TEERlAGE DAUGHYER AY IiORAE, On be+ought'by bondholders who coo- son. The prosecution said LITERALLY TIED YO f4ER dT ALL YIRNES. 4end 4heywrere misled . Berenson had aided the pro- ' Cuban Tupac Amaru Revolu- 14 . TIM E, JANUARY 22,1996 27I3V1E & 1'RRIIT ~ JANUARY 73, 79~96 o FA(iE 5 pleased with how it operated (during the ` ~ - - - ~ - { - " etorms.) = It has muumized delays and elimi- - - - nated traffic problems. In the past, cars r e o t e ci have been backed up to the Lionshead atruoY bv a ie. ture. We spent 10 to 12 hours a day watch- ing and videotaping the performance during Se rvin g ~ ' the storms aad no backup was more ~10 than 10 to 12 care," he said. BAR 8c GRiL As far as keeping the snow AU POTATO PATCM ro coox. a SeaSOnal maintained,the roundabout ' is priority one, according to American Cuisine McLaurin. The road crews ' use cinders and magne- wifh a MBdItelTanean Flalr sium chloride, an environ- ' ~ Daily Dinner Speclals - Op en 7 Nights a Week mentally friendly snow con- O ReServatlons ACCepted * troller only used on the Located on the FREE Town of Vail Bus Route ^ FREE Porking rotaries, to keep things less 950 Red Sonclstone Rood o479-9686 slick. ' - Last week did bring'about a few accidents in the roundabout, and a' • majority of them were caused by locals. "From what we saw," McLaurin stated, "acci- Teo ~ngall dents that did cecur were queued, not in the . " ` circle." Other run-ins since the opening have Ptoundabo been caused by drivers failing to yield, dri• ving too slowly in the circle, stoppiag in the • Brought to you by the Pasta Palace rotary, or as one motorist did, decidiag to . ~ o - throw 'er into reverae once he got in. in Minturn Town of Vail spokesperaon Suzanne Silverthorn said that one of their main pri- orities is to provide continuing education to By Dave Jansik drivers on how to safely motor through the - roundabout. "Educating starts with the lceal community if they set good driving Baby New Year sure didn't come in need- examples then they set good ing a apank to get him crying. Last week etandards...accidents are due to driver edu- 1996 began with a screaming rage as snow cation," she said. TOV will continue to send storms that lasted over six days straight out "how to" brochures to locals through p.o. DIRU dumped nearly six feet of fresh whiteness boaes and newsletters, and soon there will onto theballey. On top of the waist-deep lay- be a radio program at 5:30am every day due ers of snow came visitors by the rental car- to a collaboration with VA and the Colorado ' load for the holidays and some of the best Department of 'Iransportation. Silverthom skiing on record for this time of year. 8dded that local and tourist feedback is But if we combine these two elements and important to maintain continued success apply them to the new and safety. ~ Vail roundabout, it "We aze being cau- ~ spells circumnaviga- East G tiously optimistic tional terror and Vail •g' right now...people dented quazter panels AF' DW4 have given it a • for automobiPe enthu- chance to work on its siasts, right? That's own merits," what half of the locals Vail Silverthorn added. and other pollsters Now let's hear (CalIl ffor Igesey['vations figured would happen Lionshead from some of the peo- 4479-`7014 ~ when we asked them Ple that took on the what the thou ht of Open 5-lOpm Nighdy Y g slick roads and volu- the roundabout back Locaced in the Westin Hotel, Vail minous traffic laet in July during its construction. They said it ,Neek and lived to tell about it. Everyone would never work in bad weather combined asked had something to say about it, and with a potluck of lceals and tourists aquirt- even thoae randomly telephoned were happy bus, but I didn't notice it to be crowded." ing in and out of it. Some wanted to build a~~mment on the often discussed round- deck painted with phone numbere of attor- about. Joan Damson- "It was terrific. My husband ]mew how to neys on the railings so they could sit down paul Mcl.auchlin- "I went through it adrive it firom being in London, but there were no crowda, no with a beer and watch the follies. bunch of times and it worked really well, but cars backed up like there used to be...it worked wonderfully. . Now that it is finished and it has become },he locala can be a problem blitzing through Gustafson, tourist- "Getting in it wae sort of ecary an entity unto ita own, the Town of Vail and it the way they do." because all these cara with Colorado plates were zooming in ita residents are ahowering support upon A lceal teen, when asked if she happened and out of there, but we found our way pretty eseily after this asphalt and brick traffic turner. Even in to drive through the roundabout last week, that'" the adverae conditions that last week she aeked "Why, did you run into someone?" Lee Edwarda- "I think it's excellent. The touriats may have brought, people valley-wide felt that it A general contractor in the valley- "It had a problem with it but the locals seem to have worked it worked pretty well. - seemed to be worlung okay, but the weather out. Bob McLaurin, spokesperson for Vail did alow thinge down alot. I heard there have Peter I,ord• "It worked fairly well. I admit I was a nayeay. Town NTanagement said that the roundabout been some accidents already." er but it did pretty good. I went through it in the afternooa ie egceeding expectations. "We are very D. Dale- "I only went through it on the and it was like this is nothing." (Cont. on Page 21) - - - - - - - - - - - - - - - - - 1~JLOL146v~uvrv r agers," SoPhia described. the Vai The Luceys. have vacationed in fo aa e earr. TheY are exc and have been looking to buy a business y their loc . ed about their new venture and lo n f Lance and Sophia an~ v?siting guests. Congratulatio, . •nall Roundabo~ . . s~ Testt g (Cont. from Page 9). . . ~a1~ - have any p~blem with it." ~ A Vailite- "It was fine• I did'~t 1 Roger N1ay- "It was kind of like a watermelon seed spit- contest. You build up a head of steam then shoot su~ t~~~ It is speedy and it's one of the most entertaining t~g do in Vail. In`total giidlock, the police can't direct traffic, ~ but that's only one percent of the year. During the early afternoon and late at night, it is fun to zip morning, though." through that thing, It looks like motorists have e Ba k p ea tthe nter- .476' the roundabout has taken shhave been tamed so people section and on the off ramp ~so s. Fn about. Both McLaurin and Silverthorn have less to beep ositive as compe?red Eyer said that public feedback has been S at the old four-waY• to years of complaints about backup one of the busiest SU even a major snowstorm during little to ave the naysayers on ToM times of the year here in ~1ai1 g . PAU.,, nay-say about. - ~ ~ • ee e4 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY January 17, 1996 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VABL TOWN C0UNC6L C-9BG@iLBCY-9TS FOR JAN@JARV 16 Wou-k Sess6on Bruefs Council members present: Foley, Ford, Jewett, Johnston, Navas, Osterfoss --Vail Valley Niarketing Board Overview During an update on the Vail Valley Marketing Board's 1995 performance and plans for 1996, Chairman Ross Boyle presented data showing a positive return on investment by ~ the five entities which fund summer marketing. The Town of Vail will provide 61 percent of the $1 million 1996 annual budget; Vail Associates, 12 percent; Beaver Creek Resort Company, 21 percent; and the Town of Avon, six percent. Over its seven-year life, the WMB has produced almost $75 million in total sales with an investment of $4.5 million, or a return of $16.68 for every dollar spent, Boyle said. The marketing program for 1996 will target individuals, families and groups through an emphasis on direct mail, public relations, group sales and a front range campaign. As for long-range funding, Boyle said he hoped the 1998 marketing program would be funded by a permanent revenue source. One option favored by Boyle is creation of a special business district from the top of Vail Pass to Cordillera in which businesses would pay a license fee (similar to Vail's business license fee) to support summer marketing. However, the concept may be difFicult to gain legislative support from Eagle County and the state, he said. Another option is to reactivate the county's Economic Development Authority. Boyle is one of four WiVi6 members appointed by the Vail Town Council. The other Vail appointees are: John Garth, Barbara Black and Dean Liotta. There are a total of 8 board members. Frank Johnson, president of the Vail Valtey Tourism & Convention Bureau, which oversees the WIVIB efforts, also presented an update yesterday. PSey projects for 1996 include: merger of the central reservations system and development of a year-round flight program into the Eagle County Regional Airport, Johnson said. --Housing Background and Current Update of Status After reviewing an overview of the town's affordable housing initiatives, Councilman fVlike Jewett floated the concept of earmarking a portion of the town's Real Estate . Transfer Tax (RETT) for housing. The one percent tax, created in 1980, generates about $1.7 million annually and--by ordinance--has been used exclusively to purchase ~ ~more) ~ R CYCLED PAPER f, Council Highlights/Add 1 and maintain open space. Although Jewett, the Council's appointee on the Housing Authority, agreed the issue will be controversial, he said this might be the time to create momentum for action on housing. Following an analysis of the issue--including funding levels needed to complete the Comprehensive Open Lands Plan and funding projections for a stepped-up housing program--the Council will invite public comment on the concept through a series of community meetings. Town Attorney Tom Moorhead has indicated the RETT use has been and can be modified through passage of a Council ordinance rather than a townwide election. In the 1995 community survey, residents identified the most significant issues facing Vail: 1) open space protection; 2) affordable housing; 3) new development regulations to limit density; 4) traffic congestion; 5) air and water quality protection; and 6) water capacity and streamflow protection. The town has reached the halfway mark in implementation of its 1994 open lands plan, taking action on 26 of 51 parcels identified in the document. Also yesterday, the Council expressed.its interest in reactivating the Housing Authority and heard from Steve Stockmar, president of the Vail Village Merchants Association. Stockmar said he met with representatives from four other major constituent groups in Vail (Lionshead Merchants Association, Lodging Association, Vail Valley Restaurant Association, and Gallery Association) and all five organizations agree that housing is the single most important issue to be addressed in Vail. Stockmar said his members were supportive and interested in assisting the Council with its action plan through a public-private partnership. He also indicated he would talk about the RETT concept during a meeting of the Village Merc:hants at 3 p.m. today (1-17). In addition to Stockmar's supportive message on the housing issue, the Council heard from Mitchell Weiss of the Lodging Advisory Committee. Weiss said his group also wants to come to the table to help with the problem. Fie asked the Council to challenge itself by taking risks and "thinking outside the box." Town Manager Bob McLaurin complimented the business community for coming forward to pitch in and work together to improve the . housing situation. Also yesterday, there was a brief discussion about the vatues which .will drive the lottery criteria for the far-sale units at Vail Commons. A draft of the criteria will be presented to the Council in February with the lottery taking place in March. For additional details on yesterday's discussion, contact Andy Knudtsen, Vail senior housing policy coordinator, at 479-2440, or Michael Jewett at 479-1860. --Covered Bridge Building Walkway The Council voted 4-0 to allow East West Hospitality, developer of the Covered Bridge , Building, to proceed through the planning process to allow for the expansion of a private brick paver walkway at the southwest corner of the building onto Town of Vail land. --Information Update After reviewing a letter from the Vail Valley Foundation regarding sponsorship of mountain bike events in Vail during 1996, the Council said it endorsed such events, but agreed to discourage staging mountain bike events in 1996 due to the redevelopment of Golden Peak. (more) e . v Council Highlights/Add 2 . --Council Report Sybill Navas indicated the Special Events Commission was considering funding support of the local mountain bike race series. --iVianager's Report Bob f1flcLaurin gave an update on last week's meeting of the Colorado Association of Ski Towns (CAST). The organization, which represents 23 ski towns, is wrestling with two issues: hiring staff and how to address efforts to privatize ski areas on federal . lands. --0ther Sybill Navas inquired about the proposed "takings" legislation introduced by Sen. Tom Norton of Greeley. The Colorado Municipal League will lobby against the measure during the legislative session. --Site Visits The Council attended two site visits in preparation for appeals which were heard at the evening session. Eeenang Sessuon Braeffs Council members present: Foley, Ford, Jewett, Johnston, Navas, Osterfoss --Citizen Participation Former Vail Town Councilman Tom Steinberg recognized Peggy Osterfoss for her years of service to the town. Ostertoss, the focmer mayor, has resigned from the Council effective Jan. 30, due to family demands. Last night was her last public meeting. Steinberg, who has served with all but one of Vail's mayors, said Ostertoss has been the best leader he's worked with. And, as a physician, he said, OsterFoss' decision to put her child before the towrn was the right choice. --Consent Agenda The Council voted 6-0 to approve the consent agenda which included: second reading of an ordinance amending the town's police and fire employees' pension plan; and resolutions designating Colorado Rlational Bank as a depository for the town's pension funds. --Major Amendment to the Vail Athletic Club Special Development District l"he Council voted 6-0 to approve on second reading a major amendment to the 1993 Vail Athletic Club Special Development, District. The modifications to the 1993 plan include creation of three additional accommodation units for a total of 55 AU's; creation of one additionai dwelling unit for a total of 4 DU's; a variety of exterior changes; and a reduction of required parking spaces from 9 to 4 as a result of decreased conference space. For additional details, contact iVlike Mollica in the Community Development Department at 479-2144. (more) i r . Council Highlights/Add 3 --Design Review Board Appeal, 3275 Katsos Ranch Road The Council voted 4-2 (Navas, Johnston against) to uphold Design Review Board denial of a duplex separation request for a proposed residence to be constructed at 3275 Katsos Ranch Road. Counci9 members voting in support of the DRB decision said they were unable to identify a"significant site constraint" which would permit the separation. For details, contact George Ruther in the Community Development . Department at 479-2145. --Planning & Environmental Commission Appeal, 1339 Westhaven Circle Due to a 3-3 tie vote by the Council, PEC denial of a request for a height variance on the property will stand. The applicant had asked for the variance after it was datermined the residence, currently under construction, exceeds the 33-foot height limitation for residential structures. Three separate roof ridges were constructed a maximum of 8.4 inches above the 33-foot height limitation. Rather than allow an exception to the zoning code, Council members voting in support of the PEC denial (Osterfoss, Foley, Ford) suggested adjusting the 33-foot height rule rather than granting special privileges to applicants. However, the remaining Council members (Navas, Jewett, Johnston) disagreed, saying the Council should be more flexiblein considering variance requests. For more information, contact Randy Stouder in the Community Development Department at 479-2150. # # # UPCOMING DISCUSSION TOPICS . . January 23 Work Session Kraige Kinney 15 Year Anniversary Update on Category III Joint Meeting with County Commissioners (cooperation, transportation, housing & annexation) Update on Railroad Abandonment January 30 Special Election! February 6 Work Session Revisit Town Council Appointments Youth Recognition Award Discussion Site Visit, Glen Lyon Office Building February 6 Evening Meeting Glen Lyon Office Building Ordinance, first reading February 13 Work Session All Day Public Process Work Sessian uiilu.ao nr.u lo:uIA rnd 'GU-` a49 1465 Lia kuBB1Nb ASSUCiATES IM 002 . . S Washingtoa ~~BDn$Ns ASS~CIATES 522 - gth Stnxt SE R.cpxcssntativcs Vlashingtoa, IDC • 20003 Telephune 702/544-6093 Fax 202/544-1465 'g'O : CAST EXEC:[J'i7V$ $OAItD FROM: L1Z ROBBINS ASSOCIA'TES DA'g'E: YANCJARY 10, 1995 RE . CORTI'INLTING EFFOR'TS '8'O DEFEAT PROPOSAL,.S 'I'O SEL.L, FEDERAL SKI L,AiqDS As you know, last year the proposal to sell ski lands was includcd in the b9g budget bill. This bill is called a reconciliataon ball, and the process is u follows. First the Congress passes a budget resolution, which is a see of overall eax and spend'ang goals that the Congres,s wifl follow. These spendang goals may gequirc raising nnore fedecal revenue, as well as.speaading less money on federal progaanis. Changes to !'edetal progaams that result in less spending - like reducing funds spenti on Medicarc - or that raise tnore revenue - like raising taxes or . selling off publac ski lands are put in this Reconciiiation bill. Spend'eng less money direcely on roads, bridges, an.d housing programs, through appropriations bitls, is technically not a part of this process, but is still significant because some program changes are pue in appropriaeinns bil?s, even ehotagh doing so is technically against the nales of the House and Senate. Ylowever, anany such changes vvere enacted an appropriaeions bills this year, and several were vetQed by the President because of t}aese added-on program changes. As you have read in the paper, the WhiYe House and Coagress are still in negotiations over a budget for FY 96 to rcplace the Reconciliation/budget bill [hat was vetoed. A short term °continuing resolution" eo fund agencies whose appropriations bills were vetoed, vvas also. recenYly passed, ectab9ing the govcrnnnent to reopen. What vvill happen 4o these effortz is . cornpletely une9ear, but if thege is an agreetnent reached, such a replacement bill would offer an opporhanity to reconsider the proposed sale of ski lands. However, we don't see a serious etareat firorn thes possibility. We do see a threat froan another soue'ce. Despiee what does or doesn'e happen to the raegotiaedons over the vetoed FY 96 bill, Congress will continue this spring eo vurite a budget bill, and appropriations bills, foe FY 97 in order to put forward their program ideas and to eeduce federal spending. Fugthetmore, the authorizing committees (sueh as the Interior Committee which has jurisduction oder the ski sale issue) will continue to press faeward on polacy changes more reflective of a Republican philosophy. Gaven that efforts in Congress evill be made - and legislaeion marked up by commiftee and considered in the I-iouse and Senate floor, we be(ieve some legis9ation to sell public ski lands as dcry likely to reappear next year, for several reasons: :.iL riunnliNJ h~~U~iAltJ ~UU:i . J The most significant reasan is thaz the proponents = the ski resort opecators - seem to want ii and to intend to work tovvard some provision allowing for the privatization of sld lands, even if it is not the exact wording of the proposal passed by the House this past fall. While the discussions with resort operators have by and large been held by vazious affected town and city official, the reports we have gotten from some of you (and others in states other than Colorado) are that such a sale continues to be of interest tio many, even if not all, of the ski operators. _Given the continuing interest of at least some, if not most, of the resort operators, a. review of the location of some of the ski resocts matched to the jurisdiction of the leadership of most of the key committees and subcommittees reveals that most af the key Congressional leaders have such sld msorts in their districts. Therefor, we feel that even if only a few vocal operators push for ihis provision, it will come up again - and M again, the indications we havP is that some privatization plan would have the support of far more than just a few vocal operdtots. However, even a few operators can push the proposal, if they are situated °un the right Congressional districts. We remind you that reports we have received indicate a very suong interest in diis concept by operators in Alaska, Idaho, and Utah staes whose representatives or senators chair the committees or subcommittees of jurisdictioa. Another important reason for our belief is revenue. Although as drafted originally the ski saIe provision raised fairly little revenue, given the value of the lands in question, ic seems Iikely that with changes to the method of appraisal, and possibly the potential buyers (ie., not making the sale restricted to the current permit holder) ttiis provision could raise substantially more money. While changes of this sort might lose some support among the ski operators, there will be even stronger pressure to make these changes for revenue/deficit purposes. As we eaplained abave, the annual budget bill malces changes to programs in order to raise revenue. Selling public lands is one such potential change. Art additional reason is due to the nature of our success in defeating this proposaI in the fall. Because the proposal. put forward by the House was so extreme, and the quiet method used to enact it with virtually no warning was objectionable to many, our arguments focused on the lack of study and the extremeness of the proposal. We never were forced to argue strictty an the question of whether ski lands should be sald or not. Therefore, the question of whether the idea is fundamentally good or bad has nevcr really been debated. A final reason is philosophy. An azgument has already been made that such sales are in line with a Republican "privatization" plaiform, which holds that privaie businesses operate more efficiently than the federal government. Such land sales also appeal to many ia the western states who feel that the federal government owns too much land whlch could and should be productively managed and operated by local intezests. To summarize, when you have a proposal that is desired by significant elements of the Lu. 00 nci~ 10:ua rnn "cuc a44 iab~ LiL kUBislri5 ASSUCiA"T't,S 1m 009 . t bwsiaaess community wino are lecabeai un the distrccYs of and am persona4ly close to - the elected offacials with jurisdiction over the proposal, the proposat raises Ynoney, money is dcspera,tely bcing sought, and the proposal generally fits with many elements of the parry in power's phelosophy, you vvill see vyhy senior committee staff have told us to bee on this psmposal being revisitcd in 1996. 51"RATEGY: . Assuming ehen that this proposal dyill be reoottsidered, there are two approaches possible. One is to wait until it as introdauxd aaid then fight it. 'Ihis is cutaenly not the best strategy. Once a propossal has bceen fully developed, it has already bcen the topic of numerous meetings and . serategy sessaons by elected offcials, staff, and ehose pushing the proposal. iVluch negoi?aeion • a bas Yaken place, time has been. invested, positions have hardened, and thvse in opposition are - in a defensiee mode trying to usido work ehat has alr^eady beea done attid eo change positions that have aiTeady becn set. Your position i$ mtac;b weakez9 j/olY bilUSt dHUIIC ffildCh YYIOPC antegsibe9y fio cover ground that should have already been cwered (such as the preparation mf arguanents and posieion papers, the dedelopment of a grassrooes network, contace vv6ih elected offacaals, ete.), ared you are much tess likely to succeed. Even more important, the other sade hass had unchallenged oppormneey to get tO Congressional leaders whu might mtherdvise. have been pcrsuadr.d to suppvrt mur position, had we reached thean in time. When yoia have strong reason to belicrre a proposal will arise, a far better and more c,ost cffective stratcgy is to proceed to vvork on it vvithout vvaitang for the other side to let you know the gane's in play. Given ehat a nuYnber of steps muse be taken eventually if this proposal is considertd, it is far better to begin lhem now. Thes not only puts you in a better pWition to prevail, it also giwes you the opportunety to work vvith the committee leadership to affect the shape of the proposal in such a way Yhae ie might be more palaeable to the ski eowtn communiey. Another c.ompelling reason for beginning wmrk on this nowr it must be remeanbered that. as we . said previously, -our most telliaig arguments last yecarr. were based on the fianny Congressional prttcess Yhat was ¢oilowed, and the ex4eemeness of the proposal; ra4her than the funciamen4a1 question of dvhethcr ski lands should bs sold if done in a less extreme wiay. Yast year, wre noted that the proposal as vvriteen raised anumber of unanswered queseaons about community eontrol, oommunity costs, development issaaes, etc.; tbat no one had studied the impac.-t on the affecee.d local comcnunities; that there had been no hearings; that rnost towns were not even awarc of the proposal until after it had already passed the 3-iouse c,ommittee; etc. Nune uf these argumenes went to the substance of the concept: should federal ska lands be sold to private oper-~awrs, and if so, under vahat terms and c;agndieioas? 'I'hese process based argutaicnts were effectiv~ against the pzovisiun Iast year, bul in a nevu session uf Congress, vvith a rewrieren bill and adequa¢e hearings, a good por¢ion of our initial suppore might change posataon - dlldln Op-Jj2Te$SIITP thPy m9u fMR1 d1PIP lMal nntnmilaitipe Accordingly, seveaal steps need co be initiat.ed now and devcloped further over the next few months to affect the outcome of this proposal in 1996. Uli 1U/ b0 nc,L la: uti rA.& ZUZ 544 1465 LI"L RUBBINS ASSUCIATES (¢1005 , 1 Grassroots: Developing relationships with, and gaining the active participation of, ski communities outside of Colorado will be critical to success. Therefore outreach to other towns should begin imrnediately, if this proposal is to be ulrimately defeated or significantly modified, it will be done on the basis of state and iocal mmnicipality concerns, not general environmental concems. To make this a more simple process that does not involve an intense amoum of work for any particulaz CAST member, we would suggcst divid'wg up a target list of other non-Colorado ski communities, and having each CAS'I' member (eather thc Mayor, the Town Managcr, or othcr appropriate ciesignee) each take an assignment. Once we are formally retained, we will work with you to develop a simple reportiug and ooordinating system, lo provide you with target - contacts, and to develop talking points and sample letters that can be used both in outreach anci in your target's communication with federal officials, . Expanding the A,rena av~ Raising tbe Controversy Level: VVhile broad, multi-state community opposition will be the most significant element of.a strategy, another important element zs to raise the profile of the issue so that it cannot be done quieliy. The rnore scru[iny and public discussiun a land sale proposal receives, the bettec for Yotu' purposes. Therefore the CAST members also neec,l to take assignments for attempting to raise the issue's pro6le through local press ooverage. Another important tactic woutd be rQ raise the concern of prominent members of the community, and if possible, interesting them in the effort. There are usually in a ski wmmunity midents (eii}ter full lime pr regular visilprS) who are politically prominent, who have done fundraising or campaign organizing, and who would be concemed about changes to the charac#er of the community in which they have made real estate investments. While this last task m.ust be undercaken gently, ;t would be helpfui if several such people were willing to get involved at least enough to agree to send a letter which coule} be drafted for them. Finatly, many elected officials (not ftom your delegation necessarily) visit ski communities in Colorado. They should be, where apprvpriate, approached. Again, once formally rerained we will work with you on draft op-ed pieces, . letters, etc. Makmg Your Case To Congress: The most basie and fundamental step which needs to begin soon is to communicate on this issue with your elecced officials, bodh ehrough letters and through meetings. Meetings should be scheduled for this recess period in the distcict, if possible. If any CAST member has officials coming to Washington this spring For any reason, meetings with the delegation should be held, or if diey are scheduled on other matters, this issue shoutd be made a part of the meeting. As above, we will pruvide draft lettErs and talking points. Developiag Yowr Case: Finally, CAST members need to seriously discuss, and work together (as weil as with us) to develop fully artieulated conceras about a proposal to sell ski lands. Many have dlready been developed, oT course, but they need to be individualized to fit the particular situation in each community. Por example, some ski communities may aiready be heavily developed. Some may have pristitae slope areas ihat are of concern. Some may have aspects of the stnpe arxi ~.iu' ou nt:.u io:Vi rtan Gud Jbb lyuJ 1..1[. 1tUlittliN5 AJSU~.lAl'ES IQ006 p r . e public land con~'aguration (such as hiling trails e1rough a potential new dedelopment) ehat are un'sque. Soane coYnantanities enay have paPticulae consamints in sewage treatmeait, or Clean Air Act transpoatation/parking constrairrts, that would r,ause concern with new development. We cannot develop these argurnents eviehout local input by the appropriate city management and/or plaranarng staff- . As part of this proms, membePS need eo keeg in the back of ¢heir rnind thhat completely defeating the pmposal may not prove possiblc. Wc habc to strong reason to beliedc compromiase would be requared, but we have enough experience to krwev that it is often the evee?tuW oaatecotgae. lbCPC$OYC, you need to consider ra+hat asspects evould anake the'sale of ski lands pa1atable, and w6ae conditions you would require in legislation in order tm sign off on a privratizaeioa scheme. Whule ehese fallback considerations should not be publicly revealed untal the right time, it is impOfl'tatit fo Statt fraatlitlg them fairly early. We have already indicated that we would look forward t,o continuing to work with CAST on this issue, and that our fee woutd be $4500 per anonth, with no expensses charged (other than travel to Colorado requested by you). As we endicated in 3eptember, ehis is a significant discount fi'orrt our usual ffee, bue is one we have tradieionally offered w anunicipal c?ients, partacularly Co9orado mianicipalities. As noted before, our reduced fee reflects aai intention the we deill concentrate our efforts on Washingtora efforts and serategy, and assumes one or tvvo CAST aneYiabers (or member coffimunity staft) vvho can serve as contace waph our office and coordinate in¢er-cast c;oag?municaeion. y TOWN OF VAIL MEMORANDUM T0: Robert McLaurin - Council Members FROM: Judy Popeck DATE: January 17, 1996 RE: Investment Report Enclosed is the investment report with balances as of December 31, 1995. A$1,250,000.00 FHLMC was purchased on December 11, 1995 with a yield of 5.708% maturing on January 8, 1996. The estimated average yield for the debt service fund was 6.88% and 6.22% for the pooled cash fund. Currently the yield curve for 3 months, 6 months, and 1 year are 4.84$, 4.90$, and 4.91 respectively. Please call me if you have any questions. " Touvn of Vail, Colorado Investment Report Summary of Accounts and Investments Forthe Month Ending December 31, 1995 Balances Percentage 12/31/95 of Total Money Market Accounts (see page 1) Commercial Banks $2,640,399 21.11 % Money Market Funds $136,248 1.09% Total $2,776,647 22.20% Commercial Savings Banks & Loans Certificates of Deposi4 (see page 2) Eagle County Institu4ions 0.00% Other Colorado Institutions $198,000 $198,000 1.58% National Ins4ifiutions 0.00% Total $198,000 $198,000 1.58% Percentage of Por4folio in Savings & Loans 0.00% U.S. Government Securities (see page 3) Treasury Notes & Bills $999,637 7.99% GNf1ilA's $69,855 0.56% U.S. Savings Bonds $29,563 0.24% Federal.Agency Discounfi Notes & Bonds $8,434,318 67.43% - - - - - - - - - - - - Total $9,533,373 76.22% Total Portfolio $12,508,020 100.00% flNaturing Within 12 Nionths $10,452,757 83.57% Maturing V1/ithin 24 Mon4hs $1,034,968 8.27% Maturing After 24 iVlonths $1,020,295 8.15% $12,508,020 100.00% 1 /15/96 invsmjlp 0 Money Market Accoun4s ° as of December 31, 1995 --For the flNon4h of December-- Institu4ion Balances Type of Accounts High Lovv Average 12/31/95 COMMERCIAL BANK ACCOUNTS First Bank of Vail - Operating Interest 6.220% 4.690% 5.480% \ Balance $3,471,282 $2,346,506 $2,833,073 $2,637,374 Firs4 Bank of Vail - Insurance Interest 6.220% 4.690% 5:480% Balance $1,090 Colorado iVational Bank Super Now Account Interest 3.390% General Operating Account Balance $1,935 Total Commercial Bank Accounts $2,640,399 fViONEY fVIARKET FUNDS Bank One Money Market Fund Interest 5.387% Balance $130,318 Fidelity Investment Governmen4 Money Market Accounts Interest 5.430% Bond Issue Reserve Account Balance $5,930 Total Money Market Funds $136,248 Tofial all accounts $2,776,647 *°Accoun4 Subjec4 fo Arbi4rage Reba4e 1 /15/96 invmmjlp Page 1 0 . Certifica4es of Deposit " as of December 31, 1995 Bank Name, Location Days to Rates Purchase Niaturity Maturity Maturity Ins Coupon Yield Date Date a4 Purchase Value BestBank, Thornton Colorado FDIC 7.250% 16-Feb-95 16-Feb-97 413 $99,000 Key Bank of Colorado, Greeley Colorado FDIC 6.392% 6.600% 19-Jun-95 19-Jun-96 179 $99,000 , Avg Yield 6.925% ~ $198,000 1 /15/96 ~ invcdjlp Page 2 . 1 Govemment Securities as of December 31, 1995 •,•Treasury Notes 8 Bills•,• Days to Days ' Interest Rate Purchase Maturity Maturity to Book Par Type Fund Coupon Yield Date Date at Purchase Maturity Value Value TNote Pooled 4.250% 4.3409G 17-ANay-93 15-Aflay-96 1094 136 $499,827 $Spp ppp TNote Pooled 6.5009f, 6.55395 13-Oct-94 30-Sep-96 718 274 $499,810 $500,000 Average Yield 5.45% $999,637 $1,000,000 Average Days to Maturity 205 '••GNflAA'S••• Years to Estimated Interest Rate Purchase Maturity Maturity Years to Principal Pool Coupon Yield Date Date at Purchase Maturity Outstanding • 5803 8.000%, 8.480% 14Nov-86 15-Oct-05 19.10 11.00 $23,276 13003 8.000% 9.5009G 240ct-86 15-Oct-06 20.20 12.00 $21,358 14659 8.000% 9.200°16 240ct-86 15-Jan-07 21.20 13.00 $25,221 Avg Yield 9.052% $69,855 •••U.S. Savings Bonds•,' , " Years to Issue Maturity Maturity Years to Book Maturity Series Yield Date Date at Purchase Maturity Value Value EE 7.170% 01-Oct-86 01-Oct-96 10.00 0.75 $29,563 $30,000 •°°Federal Agency Discount Notes & Bonds••• Days/Years to Interest Rate Purchase Maturity Maturity • Years to Book flAaturity Agency Fund Coupon Yield Date Date at Purchase Maturity Value Value SBA Pooled - Dana 9.475% 26-May-94 25-Mar-2008 13.8 12.2 $88,682 $109,734 FHLM Pooled - Dana 8.4079b 28-Jun-94 01-Mar-2019 24.7 23.2 $54,421 $66,355. FNMA Pooled - Dana 7.466% 28-Jun-94 01-Oct-2017 23.3 21.8 $79,968 $97,572 FNRflA Pooled - Dana 7.420% 29-Jun-94 01-Jun-2014 19.9 18.4 $74,305 $110,531 SBA Pooled - Dana 9.975% 29-Jun-94 25-Feb-2008 13.7 12.2 $61,622 $82,749 SBA Pooled - Dana 9.225% 29-Jun-94 25-Jun-2019 25.0 23.5 $97,709 $108,523 SBA Pooled - Dana 9.975%, 18-Aug-94 25-Ju1-2008 13.9 12.6 $85,576 $109,875 SBA Pooled - Dana 9.975% 29-Jun-94 25-Jan-2008 13.6 12.1 $81,280 $110,088 FNAAA Pooled - Dana 7.45996 27-May-94 01-May-2020 25.9 24.4 $76,137 $100,577 FHLRAC Pooled - Dana 7.80796 28-Aug-94 01-Aug-2018 23.9 22.6 $73,459 $74,245 S8A Pooied - Dana 9.475% 12-Ju1-94 25-Jun-2019 25.0 23.5 $78,780 $108,744 SBA Pooled - Dana 9.2259G 08-May-95 25-Dec-2019 24.6 24.0 $98,501 $99,391 FNMA Debt Service 6.912% 27-Feb-95 17-Jan-97 1.9 1.0 $282,654 $280,000 FHLMC Pooled 5.665% 16-Nov-95 15-Feb-96 91.0 Days $496,532 $500,000 FHLMCPooled 5.708% 11-Dec-95 08-Jan-96 28.0 Days $1,248,633 $7,250,000 FHLB Pooled 5.7139G 22-Nov-95 24Jan-96 63.0 Days $1,758,669 $1,765,000 FHLB Pooled 6.7499b 02-Mar-95 02-Aug-96 1.4 Days $752,713 $750,000 FHLMC Pooled 6.78996 27-Mar-95 23-Aug-96 1.4 Days $742,164 $750,000 FHLB Pooled 6.370% 27-Mar-95 16-Jan-96 295.0 Days $349,106 $350,000 FHLB Pooled 6.60096 31-Mar-95 10-May-96 1.1 Days $700,093 $700,000 FFC Pooled 5.794% 27-Jun-95 28-Apr-97 1.8 1.3 $653,314 $650,000 FHLM Pooled 4.560% 4.56095 03-Jun-93 03-Jun-96 3.0 Days $500,000 $500,000 $8,434,318 $8,673,384 Average Yield 6.33% Average Years to Maturity 11 Total $9,533,373 1 /15/96 invtrjlp Page 3 • . ~ ~ ppppp-r 0 C) ~ ~ o PPW- LLi P~ ' ao APACoOoeado ° i996 ti -A 2150 W. 29th Ave09 Suite 200 Denver9 CO 802t ~ COILORAM ~ "m, u u r ; . . ~ iGW f 3; ra; i ' 3 h o!i ;c:, r L,, rlk ' RECE(V ED JAN 1 6 1996 D' 4" A. ~ ~E.: . U Q z C> o ~ U ~ o z ~ o H o Q M O 0 ~ O ~ - ~ C) O Q ~ ~i 0 w . . ~ APA LEGISLATIVE WORKSHOP - REGISTRATION INFORMATiON TENTATIVE AGENDA COPY OR TEAR OFF THIS PANEL, CHECK THE APPLICABLE BOXES,. 8:00 - 8:30 APA COLORADO CORDIALLY FILL IN YOUR NAME & ADDRESS, REGISTRATION: Warwick Hotel INVITES YOU TO ATTEND THE & RETURN BY FEBRUARY STH TO: 14TH ANNUAL LEGISLATIVE DON MOORE, LEGISLATIVE CO-CHAIR 8:30 - 10:00 WORKSHOP! THIS YEAR, WE , C/O DOUGLAS COUNTY ON THE HILL: State Capitol Tour i WILL START "ON THE HILL" 118 THIRD STREET WITH AN INFORMATIVE TOUR CASTLE Rocx, Co sotoa 10:20 - 11:40 OF THE STATE CAPITOL. OUR • GIVINGS AND TAKINGS FORMAL PROGR.AM WILL APA NtE1vtBER $55 , -:s NON-APA MEMEBER $65 Panel Discussion EXPLORE "TAKINGS" ISSUES - STUDENT $25 AND CHALLENGES, EFFORTS Fee includes tunch: ;14, CHICKEN 12:00 - 1:20 AIMED AT "SMART GROWTH", VEGITARIAN LUNCH W/ LEGISLATORS AND APACOLORADO'S 1996 NAME: ADDRESS: . Keynote: Nancy Willis, APA National LEGISLATIVE AGENDA. "Responding to Takings: Across the CITY/STATE: USA and Back in D.C." BECOME INFORMED ON THE 1996 LEGISLATIVE ISSUES!!!! . ZIP CoDE: 1:30 - 2:40 PHONE: GROWING SMART EMPLOYER:' ~rhj ~.,a2r096- . . Y ~.i;J&BR~~1'1~ N Panel Discussion ~ KH~TET;~' PLEASE ENCLOSE CHECK PAYABLE ~ ~ TO: APA COLORAIDO 3 :00 - 4:20 ~s77(~~ ~ T ~r APA' S 1996 AGENDA ~ RCCEIVEQ JAN 1 ~ 19oa~d S aco p~ rS The GOC~~~~d AAC A NAASA EOS Distributed Acfiive Archive Center Goddard Space Flight Center : ~ o GreenbeltCMDe 20771 4rQd Active Ax January 11, 1996 , Bob McLaurin 75 Vail Road Town of Vail Vail, C0 81657 Dear Bob McLaurin: Recently I had the good fortune to meet Susan Boyd, assistant director of the Va.il Public Library, while I was visiting Vail as part of the annual Neural Information Processing System Workshop that has been taking place at Va,il over the last several years at the end of November. I had brought along a portable notebook computer to maintain contact with my off'ice at NASA's Goddard Space Flight Center by way of a modem and an 800 phone connection. Unfortunately the computer died upon on arrival at Vail. Fortunately, a computer repa.ir shop directed me to the Vail Library as a place I could get access to the Internet. It was at the library that I met Susan Boyd, who was most helpful in providing me with the access I needed. While there I spoke with her concerning how the library was developing its access to the World Wide Web and the plans to provide multiple terminals for the library's patrons to use this resource. For a town of Vail's size to be able provide such a useful service is very impressive. She and her staff are to be commended for sezing the public ?ibra:y as w natnral plaee fo: such access to be mtide available and for developing such a resource. I also had a chance to show her how to access a few of NASA's web sites that are providing information about earth science and a variety of data both in an educational setting and for scientific use that are available for free. For example, daily updated on-line visualizations of the whole planet showing precipitation, temperature, clouds, and other geophysical parameters and archives of climate data going back ten years can be accessed over the web. 5he immediately saw the educational potential especially as Colorado has an environmentally aware public. WWW: http://daac.gsfc.nasa.gov/ emaii: daacuso@daac.gsfc.nasa.gov fax: (301) 486-0468 phone: (301) 486-3409 or 1-800-457-6151 ace Pv tc The Godc9ard DAAC ~°~a-s'~~~ A NASA EOS Distributed Actlve Archive Center a Goddard Space Flight Center d. , • a Code 904.4 ,'"gb R G~9~'~ Greenbelt, MD 40771 Active Asc~vc 2 I hope that your town can continue to ma.intain and develop your public library. It showed me a direction and focus that my local city library and my daughter's public school library could follow. In fact your library could serve as a model library for other parts of the country. I look forward to returning to Vail next year to enjoy the conference, the outdoor ac- tivities, and to visit your library and see how Susan and her staff are succeeding with making the World Wide Web an extension of what the library ofFers. Sincerely, J. Anthony Gualtieri, Chief Scientist, Hughs STX TOVS Data Support Team Lead, Goddard DAAC cc: Susan Boyd VVWW: http://daac.gsfc.nasa.gov/ email: daacuso@daac.gsfc.nasa.gov fax: (301) 486-0468 phone: (301) 486-3409 or 1-800-457-6151 ee e4 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR @MMED9ATE RELEASE January 19, 1996 Contact: Suzanne Silverthorn, 479-2115 Community Information ' BU6LD6NG PERNVd9TS 9SSlJED BY T6iE TOliVR9 OF VA9L The following building permits have been issued by the Town of Vail Community Development Dept. for the period December 14 to January 18: Lotman, 4415 Bighorn Road, reinforce deck, $970, Zeli Construction and Maintenance. GPH Partners Ltd., 278 Hanson Ranch Road, sidewalk elevator, $33,523, Aurora Elevator Company. . Beringause, 1146 Sandstone Drive, basement remodel, $73,000, Gray-Stone Const. The Vail Corporation, gondola building, ADA elevator, $46,000, Alimak Elevator Co. West Vail Associates, Ltd., 2077 N. Frontage Road W., door and walkway, $2,000, Rippy Contractors. Sonnenalp Properties, Inc., 20 Vail Road, Swiss Chalet fire damage, $500, Sonnenalp Hotel. Prudence Island Limited Liability, 913 Lions Ridge Loop, window replacement, $2,500, R.C. Construction. GPH Partners, Ltd., 278 Hanson Ranch Road, club house interior finish, $50,000, Hyder Construction, Inc. Metzger Family Partnership, 114 Willow Road, loft addition, $80,000, Nedbo Const. GPH Partners, Ltd., 278 Hanson Ranch Road, tenant finish retail store, $30,000, Hyder Construction. # # # . RECYCLEDPAPER The Town of Vail Youth Recognition Award is an award created in 1995 by the Vail Town Council to recognize and reward two outstanding students, one each from Battle Mountain High School and Vail Mountain School. The concept of the award is to provide these outstanding students with a chance to greatly broaden and enhance their educational processes by facilitating their participation in an "internship" type-experience in a resort community in another country and/or hemisphere. The students will be selected by the administration/faculty of each school and submitted to the Vail Town Council. The Town of Vail will then coordinate or facilitate the arrangements for the students to be accepted in an internship program in a Sister City community (St. Moritz, Switzerland) or a ski community involved in exchange programs with Vail (Australian Ski Resort). The award will be presented to the student during school award ceremonies in the spring of their junior year (l lth grade). Students should be appraised of their selection by February of that year so that arrangements for the summer experience can be approached from a realistic time line. The Town of Vail will provide funds for the students travel expenses and will be open to consider room and board expenses if that is required. Such an experience could cover a 6 to 10 week time frame. Vail Town Council will implement this experience through the Vail Valley Exchange program, Merv Lapin, President and Karen Phillips, Director. ~ Vait Mountain School December 30, 1995 Mr. Paul Johnston Vail Town Council 75 South Fruntage Road Vail, Colorado 81657 Dear Pau 1: We have conferred at length about the Town of Vail's wish to honor students. via some forin of recognition and perhaps participation in a work study program at one of Vail's sister cities. The criteria you offer for selection are sound, and I think we have an ideal candidate in Tag Hopkins. He has attended Vail. Mountain School since grade one and is currently a member of the junior class. He has received various honors over the years, but he can best be characterized as an unassuming, quiet, young man. Known for his citizenship, Tag's wish to serve has evolved into a leadership style. He currently serves on the student committee for volunteerism in the community. His ideas Lire good, he :C ;]`;e;'!;VP. 3fInP.making rnntact :'?t!h J:]r{Q11S nCLa:lIZ7t::ll`: ::lG~ Ii:ti • P . 70~~~~W-C~:C^L:^h i;°ll~,.',Ilt. A related anecdote that comes to mind took place during our most seve?-e snow storm this fiall when Vail Pass was closed overnight and places of refuge were soubht by the Salvation Army, the Vail Police Department, and the churches. Tag phoned me at home around 10:00 p.m. and aaked permission to open the school to stranded travelers, offering ro chaperone ancl serve as se.curity person for them through the night. The police did not have enough personnel to coordinate his ott~er on that occasion, and so Tag created a sign-up sheet fior students and staff inembcrs who w ill be willing to take three-hour shifts through the night, in the event of another such happeninc. Tag is an athlete and his participation is characterized by perseverence. He iins been in' Ski Club Vail for a number of years and they value his participation there. He has played on onr soccer team, serving as co-captain during the most recent varsity season. Tag is a diligent student. He is inquisitive, and his academic record reFlects a fine perfiormance in a full schedule of college preparatory courses during each term of seconclaiy school. Regardinc extra-curriculars, you may know that we have presented many drama productions known for their clever staging and technology. Tag has been the man behind the scene. He is selti-tau'iht in this recard and a very effective crew member. I know that the recognition you envisi.on insists that students nominated be of unquestionable integrity. I am confident that Tag meets this requirement also. His rnoral reasoning is well developed. I like that he questions rules and. laws that appear to him to. be unjust, but he does not view, standards as belng arbitrarily imposed and therefore something to set aside or circumvent. He has not been involved in incidences of breaking the law or disregarding regulations of the schooL I Utl:..vG lIC i1J -il-_ u.i ~tC . . For all the reasons mentioned above, I consider Taa to be a person worthy of your consideration for this honor. I believe he is a good citizen of our community and would represent Vail positively, if biven the opportunity. Thank you for creatinb a program of recognition for local high school students. Sincerely, Peter M. Abuisi Headmaster PMA/ty 3160 KATSOS RANCH ROAD o VAIL, COLORADO 81657 0(g70) 476-3850 o FAX (970) 476-3860 ~22 . P.O. Box 249 / 750 Eagle Road Minturn, Colorado 81645 (970) 949-4490 Fax: (970) 949-1550 1 , Dr. Erik S. Fredell - Principal Mr. Gerald Schmidt Ms. Ronda S. Woodall - Assistant Principal Ms. Judy Caligiuri Mr. Michael King - Athletic Director Guidance Counselors November l, 1995 . P . Vail Town Council Members Vail, Colorado 81657 Dear Members, Please accept this letter as an enthusiastic recommendation of nomination for Ivls. Dana K. Carlson, a senior at Battle Mountain High School, for the town of Vail Youth Recognition Award. Dana has not only been an exemplary citizen in all areas of the criteria listed, but _ has been a consistent and positive leader in academics, athletics, drama, music, writing, and her church work. Dana came to us as a sophomore from Vail Mountain School. Her accomplishments there in acadernics, athletics, and drama. were ambitious and outstanding. She was a member of the varsity soccer and alpine ski team as a freshman. She was instrumental in organizing the girls volleyball team. She earned leading rolls in both the fall play and spring musical. She was a volunteer at the soup kitchen in Denver and at the Vail Public Library for the Children's Reading Program. Dana received a summer internship at the Vail Public Library as an assistant for the Children's Reading program. Dana has maintained a grade point average of 3.35 while taking our most rigorous pre college curriculum. Her special educational focus has been Spanish and Business. She has received a varsity letter as a starter in volleyball, basketball, track, and drama. She is an active member of the National Honor Society, the Interact Club (a community service organization), Athletic Awards Club, Student Council, and a member of the yearbook staff. She is a bilingual tutor for English as a seconflanguage program here af Battle IVlountain High School. Dana has been a member of the speech and debate team and currently serves as a member of the Eagle County School District Advisory Committee. "The Pride of Eastern Eagle County; In a Class by Ourselves" , P.O. Box 249 / 750 Eagle Road Minturn, Colorado 81645 (970) 949-4490 Fax: (970) 949-1550 ~ Dr. Erik S. Fredell - Principal Mr. Gerald Schmidt ~ Ms. Ronda S. Woodall - Assistant Principal Ms. Judy Caligiuri Mr. Michael King - Athletic Director Guidance Counselors oUNT Her extra cumcular activities have been challenging anci numerous as well. She has had original poetry published in Voice of America, has been a volunteer for the Vail annual town clean-up, and a volunteer for the Sunday School and Summer Vacation Bible School programs at Gracious Savior Lutheran Church. Dana has been a member of the Lutheran Youth Group, Lutheran Youth Church Choir, and has been singing the National Anthem . as part of a girls trio at high school events as well as the Vail Avalanche hockey games. Dana has participated as a thesbian during her tenure at Battle Mountain High School receiving leading roles in fall plays and spring musicals. To further her career goals in language she attended the Language Academy in Cuernavaca, Mexico, for its language immersion program in the summer of 1994. Dana was recently one of ten finalists in the Colorado Junior Miss Program held in Denver this past summer. Dana has had the goal of a career in the tourism industry for a number of years. She has been employed at Sonnenalp golf course the past three summers. Last winter she was employed as a Spanish interpreter for the Vail Associates at the ski school. Her college goals include degrees in International Business and Spanish. Dana represents one of the finest students we have at Battle Mountain High School . It is without reservation that I recommend her as a young women with every capability for career success and as an individual mast deserving of your award. Sincerely, f : • % Gerald Schmidt Counselor "The Pride of Eastern Eagle County; In a Class by Ourselves" W,TZe P.O. Box 249 / 750 Eagle Road Minturn, Colorado 81645 (970) 949-4490 Fax: (970) 949-1550 w Dr. Erik S. Fredell - Principal Mr. Gerald Schmidt - Ms. Ronda S. Woodall - Assistant Principal Ms. Judy Caligiuri Mr. Michael King - Athletic Director Guidance Counselors ~ November 1, 1995 Paul Johnston Vail Town Council Youth Recognition Award Selection Committee Vail, Colorado Dear Mr. Johnston: The purpose of this letter is to recommend to you an outstanding young woman for the newly created Vail Youth Recognition Award. This exceptional studendathlete's name is Dana Carlson. She has , distinguished herself in many areas, both in her school and her community. It is my hope that this letter can capture her involvement and impact in those venues. Dana is first and foremost a fine student. She takes the most rigorous curriculum available to her at Battle Mountain High School and achieves top grades. She does this while participating in athletics at the varsity level. Dana is a leader both in the classroom and on the court. Her fellow classmates and athletes look to her and respect her opinions. She is highly regarded by her teachers and especially by her coaches. Dana has also excelled in student activities. She has played major roles in school drarnatic productions and has participated on the speech and debate team. She has been published as a young author and has traveled to Mexico to study Spanish and improve her skills in the language. Given all these accomplishments, it may be difficult to comprehend that her greatest strength is not in any of these areas. Her greatest area of strength is in the area of service. Dana devotes herself to many service opportunities. At school, she is the student representative to the District Accountability Advisory Committee for the entire school district. She brings the student voice and perceptions to the committee. She also serves her fellow students as a bilingual tutor for monolingual Spanish-speakers. In the community, her service has many outlets. Dana has been a volunteer in a soup kitchen in Denver as well as at the local library, reading to children. Dana has consistently given of her time teaching in the Sunday school at her church as well as during vacation bible school. In her church, she is a member of the youth choir and youth group which also participates in outreach activities in the community. Dana Carlson is truly an exemplary model for all,students to attempt to emulate. She is a very caring and kind young woman who is well-liked by everyone. I know of no other person who would be more deserving of this newly-estabiished award. She has my utmost respect and unflagging support as well as my highest recommendation. Thank you for your kind attention to this letter. Sincerely,. r~~Vv Erik S. Fredell, Ed.D. "The Pride of Eastern Eagle County; In a Class by Ourselves" ~p`'TT)Le P.O. Box 249 / 750 Eagle Road Minturn, Colorado 81645 (303) 949-4490 ~ - - - Dr. Erik S. Fredell - Principal Mr. Gerald Schmidt Ms. Ronda S. Woodall - Assistant Principal Ms. Judy Caligiuri Mr. Robert Isbell - Athletic Director Guidance Counselors V ~ NOMINATION VAIL TOWN COUNCIL YOUTH RECOGNITION AWARD I would like to second Gerald Schmidt's nomiration of Dana Carlson for the 1995 TOV Youth Recognition Award. In my twenty yeara as a Vail resident and Battle Mountain High School teacher, I have had the opportunity to work closely with many of our young peopfe, and I believe that Dana is the type of person we want to honor. Since Mr. Schmidt has enumerated her many activities to you, I would like to focus on her personal qualities. I have known Dana for three years as her Spanish teacher and as her supervising teacher for International Studies in Spanish and Bilingual Teaching Assistant. She is an extremely hard working person who sets high goals for herself and usually achieves them. I have never heard her say that she can't do somethmg; rather, she chaVlenges herself, perseveres, asks questions, practices until she achieves her goal. It is my understanding that she would like to combine her interest in business and Spanish and prepare for a career in international business or media. Dana cares about others and is always willing to help others, even if it means giving up some of her own limited free time. She has played an integral part in establishing a bilingual teaching assistant program at Battie Mountain wtiich helps our staff work with our non-English speaking students. As a study partner in Advanced Placement Spanish, she chose one of our Mexican students, not only to improve her own Spanish but also to establish links to that group of students. She volunteers in the community and at her church, and can always be counted on to lend a helping hand with any school activity. She iSn't always in the spotlight and often performs tasks for which she gets little credit or thanks. Dana is a model of good behavior, perscmal responsibility and high moral character. I would trust her completely with anything. She is always -courteous and treats other people with respect and dignity. She is an clear and independent thinker, and she is not negatively influenced by others. She chooses her friends carefully and is loyal to them, yet is not afraid to disagree. She is keenly interested in other cultures and readily accepts diversity. Dana's disposition is cheertul, positive a.nd optimistic. She is just a joy to be around! She sprinkles her interests with enthusiasm, coupled with hard work. She animates and encourages her teammates, and she consoles them when they play at less than their optimum. Teachers and students alike respect, admire and enjoy Dana. I am completely confident that Dana Carlson would repressnt Vail exceptionally well if selected for this prestigious award, and I urge you to give her nomination careful consideration. Sincerely, U" Kathryn Benysh Department Chair, International Languages "The Pride of Eastern Eag/e County; In a C/ass by Ourselves" ! d • f~- 1 f ' October 30, 1995 ~ ~ - i 1 $"I'E%D.1LtN H,1N'1.7V5 CLl"7C Vail Town Council Members Vaii, Colorado 81657 vAIL i J.R.Scca(in,an,A4.n. ; Dear Members, R.J. f lawkins, \4.D. ' ~ W.I. Stcrcrt, 11.ll. I have known Dana Carison for all of her seventeen years and can attest to her good character. As a senior A.,. B„u,,,;k,A.,.D at Battle Mountain High School this year, she continues to T.r.Schlegel,:,,D. be an enthusiastic and successful participant in various extra-curricular activifies. A,:;«:W„_, - v:,I,. This young lady aspires to attend college next year T"""_1.D pursuing major areas of study in Spanish and Intemational RE. c«is, 'M.t). Business. She seeks opportunities to explore and R.E. t~:,~,~~~~,,~i.i~. A,,.,ah„kc,A,.,;. experience these areas. Besides taking Advanced «.E.N,m A,.,,. Placement Spanish and Accounting this year, she volunteers as a bilingual tutor. Co`st;L~1INc YHnsIcIAns Dana studied in Mexico one summer, and enjoyed living with a family and learning about the people, language, and K" 11"'d-."" culture. Since then, she has offered her assistance to translate medical records from both Spain and Mexico, and volunteers to interpret for our spanish speaking patients. 18 1 \V . Ntudow Dr. Suitc Numlicr 400 \'ail, (1C) 81657 (470) 476-1 100 F:VX (970) 479-95i i i ~ . ~ ~ Wa~: I ; I give the absolute highest recommendation to this mature, j: vivacious, young IadU for the Vail Town Council Youth Recognition Award. I feel that Dana would be the very best choice to receive this honor in its inaugural year. ; S"IFADAL1N HAK'ICIlVS ! cLMC ~ i Sincerely, ; i i VML ~ J. Richard Steadman M.D. ~ J.R. Steadman, i I R.J. I-Iawkins,,N1.D. i ! W.J. Stcmtt, M.D. i DI:N'VER i A'I. }30Ubl1I:,M.D. ~ T.F. Schlegel, M.D. Asscx:tA-IT-S - VAa S.L. llonuel. A9.D. L.H. Urrca Ll, M.D. ~ ' . D.P. Van Ecncmaam, M.D.~ ' R.S. "laskouier, A9.D. . S.A. Wright, i\I.D. ' CoNsuLrwc PirvsicuNs J.i i. 1"io-.Nt.o. sp,,,P sr,re, oR I:.U Plnncher..\1.D. HanJ.S}rrePw, . . f , ]Rl 1t'. i\-leadow Dr. Silite Numher 400 Vail, CO 81657 , (970) 476-I100 i rALX (970) 479-95i i - - - - -v«:v .A~ ~ x~'y 4 :i _ . , . . ~ • . ~ ~ 3 5 Vad Daily / Marka Moser V7' left,.is shown vuith Vail Moun4ain School Speech an~ Debate l'eam sponsor Elizabeth Adcerman, , . rnembers Elizabe4h AAilam, Etizabeth Staufer, Dana- Carison, Meredith Rose, Michaet -bohnston and Jaime Py6ca u Z"3.s V, cn ~club ,proves: r.. : v M S ::s e e _ _ . Y:._ .j_. Y yy' 'j~~^~~.. _ . ~d~. ~ iJ.+~.. y J ~ • . to . ~V all gin f OP. ,rN compete in r~ew evei?ts.lVlore teainmem'beis joined, - - _ . , . . . . . ~ . . y AAerka IIAOSer t and ~th each com tition and subsequ ,y r__..:...,. B . : • - oeiy sma wr~c~ eam , ic continoes to expand. - Although a e~ew cleab aB Vail Rf[ouneain `Schoo~, ttie."~"<. in the State Festival ~'mals in %leneer, senior Mike . Speech and Debate Team has alrcadY carved a solid Johnston received superior and excellenf ratings in niche in the sctaool's actavitees.. ; one-on-one ealue - debate and 'solo acting, while Under dee d'erectia~i of' El~th Ackerman, ghe ;:;:freshmeae I)ana. Carlson and Elizabeth, Atilam both group ~k1tieyed an impressiee firse season. Both ,,:-._were awarded excellent ratings in one-on=orie value Ackerman and team eaaembers learned as they atten- - debate aibd imprompm speakin8 resPecdvely. ~ ded competipons. 'IUy had w, srare se rhe beSinnu!S .,,--."Speech . is a iu!!que type, of competition," A/iilai:? by leaming all thc eeea?ts, aules saed reguladons. -r. said. "You don't go to a meet_ to win, but to use your ! "Ic was a significant t~sk codisidering they had no mind aced accomplish something."- exgsrierxe as comgetitors a'spectatars, and I tad no _ "It's not just about talldngadded Jaime Pyka, a. experience as a coachAckeaman said. ,::,<L=. freshman team memher. "It's alout thinking and ex-. . _ . . " i - Althou8.h a neophYte .in the_ ~aclun realm, Actc- ° rpressmg ideas.".. .°Y . . : . ~ ,:a.g _ ; ennan ~s a s~ecfi 'special~,~:~vu~g comgeeed in, ::_`Q:}:,Other ceam members include.sophomore Meredith i . . speech and debate ;while._in :high`.SChoaT, and she ::;Rose and freshman El_ ~z- ab . edi Staufer. graduated from Atorthwesteget tJmversiEy with:a de ~"I'm verY Proud of this year's: team,".Ackerman r._ ,said. `fhey have wod extremely hard and have gree in sp~ch. ~ . . . . 6f Starting in SeptemUea, ~?ckerman was quicldy im= come a long way in a short amount : eime:: They , pressed with the students' eadthusiasm and dedication: have laid the groundwork for a program I hope will . , They learned quickly, ~aic~ ~+eae alwaYs v~lling to be.a ~rmanent addition to the school." _ . : _ _ . . . _ . . , ..~":r . . . , . , . _ ± . .3' .7• J"~~ . ...o. . . - ;n ~ . '_r.` _._-^~.=.+,.:..szaw=•....:.... . a-;. a.::r,~~.~ S- Nas t" Ov,I By Tom Ho,rrocks ` Daiiy Sports Writer' Despite finishing the season with a 10-3 ~ overall record and having one of the best te~iiIs in re,ent memory, the Battle Mountain Huskies volleyball.. team ~:<.:caat rely on its,=; accomplishments today, .as, it enters postseason Pla -w~::. • Y• = H.S. Volleyball The.Huskies,playing in the High Country.~> aague District 4i6 volleyball tournanient today _ at Battle 1Vlountain High School, will be facing ' three teams that advanced to the state tournament ' last season. Steamboat Springs, Meeker and ' Rangely will. join the Huskies in a four-team round-robin tournament, with the winneradvancing to the regionals,toumament next weekend. The second-place team will face_off.... against the' second-place finishers,';froni~F Aspen/BasaltlEagle Valley/Roaring Foik tournament, " and the Cedaredge/Gunnison/Hotchkiss%Olathe'"' tournament on Tuesday at Roaring ForkHigh " School. The winner will then advance as. the : fourth seed from the High Country League. "There's no question that it's going to.be tough,.tough tournament," Huskies coach Liz`Y Kitzman said. - , • . , The Huskies, who finished with -a 9-3 league : record, will be facing all three teams in today's tournament for the first time this season. And to complicate matte:s,.the Huskies will be without the services of starting setter Jen Schumacher, ' who's out with a leg injury. Wi!hout Schumacher, the Huskies have had to change.;;- from a two-setfer offense to aone-setter altack.' However, Kitzman remains optimistic that hei.. kids will pull through.. , . "We've got a good chance, seeing fiowwell we're playing, even with the young kids " My ' ',a . ; il D t ffVV MM~lorroc.k -ttV ' . . . . . y'8' 4ea Battle ountain ss an~:=Ca ee ominan ~ o e or ;the ~ k es Ls = ear _ . Kirzman said. Carlson a nd . t h e r e s t o f t t i e u s k i s,. a v e~ thei C w o r k cu t ou t for. t hem as ` t t u ey faci The Eagle Valley Devils will tiy to add some Meeker Steamboat anc~ positive to their season with a solid showing at today's district toucnament at Aspen High g~'but an School. The Devils,`who finished theseasonwith k,~!'e'renot ~po~ng pas~ a 2-9 record, must get past the Aspen Skiers if coach Ke1he they want to move on to regionals. p loss to Aspen willanot oc the~ ~ ~ Devils out of rhe tournamenf,` vi - the ..can However, Aspen, who suffered only two loses, - - . . Y this season to Battle Mountain and Meeker is the ~e'other teams th tfieu~ ~ivtston~.. "We lost 'to. Roaring .~o by two onei~ odds-on favorite to advance to regionals. ' - • ~w- : . . . ' ~ . "We're confident going into districts because - homecomingnight and; we beat ~asal so, we t~ ~ v kG axW: ~ we've seen~each teain ~`-have a ood chance and i fet ~utt,'" (Eagle Valley, Basalt and g g°Oq Roaring Fork) twice and we've beaten them a11 Eagle Valleycoach Cathy Alexander§a}d J . z : . . . , : - • ' ' . ._.-a . - :_:iJ.t4.`,'fk1. i •:Yb ,-c.tV .?:,~.1R :ti..,. a j,'~~ Q ~ . . - . . ~ ' , _...:F . , . . . . : _ . - ~,.tcs ~ ~ : . . . , . . . , . . ~ . . . ~ r ~ . . . - ' - • . . , , . . . ~Y " ~~f: ~f,w' . . y " ~,-y.,.::'~ ~ ~ : ~ r,~~,Y4 i~~ - ~ 5 ~ ~ T ~ ~-y.( 4r"J'w~l~+^ 'rx Y""o_ - ' ~ 'ti .n~ . - - r, :w~ " - y - ~ ~ _x.~, ."~,3'- "~:.::_i~.',~ . . . ' ± .~e ~ P " ' t'.: .?.a ~.urw~y.w~lys~..~. -,i_ : . ~ .'~y~. M_~-: ~ ~ ' ~ ~ y~ ac> - • - , r . G• ~ ~ ~ "~~,y ~I`~,$ c+'j T~ ' .~v4.~ ~y.e~ay~, _ Ta ',t~'~!= ~~l ' _ } i .~V_l~f(C+I1~ ~r~.~'~ " -t ~ ~sr~ ' ff"` ~'C~]T?7y~~'~'!~~ ~ a.:.+-> - ? ~ , .i~' f ~ ~ . . . . . . . . . : " ~-~Y ' . - . t .}h'`Ztri . eF'-Y+ 4 A."]~.~:.l. ~ ky,..J . _ • . ~;,9 ~ : at.: o- : .~,j~~ t-wW j, ?'-`•r, ~ ~,7ei~S~:.t s.Z.~S~Ttiy ~ ~ . , ~=t - {4r','f."-a.~' ~r. FJ''~~. C' .P1c"t~'.:~ur ;,r._tr a . ~ ;:,y ~ a y 4'. ~ ~ ~~~5 ~ ' . ~:m;:. 1 . r= , . ~ . ~ r~ , . . . . . ~ . = , _ . ` ~ _ + . . . Mail'Daily/ Marka Moser- ~ ~ r~~. ; : r - . - , ' : : . ' _ . . . ~ . ~ ~ . • . (~a~41e ~doue~~aaea High Sc9aoo0 dolYeybalV p9ayers _~rho e~eceiv~ aY9-league status 9nciude Katie Fioe- 6and, J~n Schuenacher, Daw~ ~~r8son~ Sarah Allinick an~ ~shley Gelvi~u. ~ ~ . . , . , .z.. . ~ _ _ ~ , ; . . e-:. . .M s - . _ . , . ~ ~ } ~ ° ~s . . r ZZ% ~ T~ ~ -By Torrr H1666da~` oaiy ~~e.: ~RanBers#`t~n \`,back After fallm~~~r~r~ the Baule Mqnt n,pituor Prep e~cteiided_tlieir`l~ - a~r am : Aut'Vail tam e~ ~t 11p volleytiall team- seormed back . : fl n~ace-~e ~ana ~ - gave HentageA~ep for . e.. `~`l ` tland~ Heritage ~rep' eztei~ded' money Fnday fea~¢agaii13 `~.hii Crys-~ . `..°This was our bestgame ni ' f Cm -ei+eraneW . years," _ uail =g3vlouiitaui: rams~i~.~° ~ ~~_~8e~ red and :I.eonardG~ Despite losin the • atch 15 1 ~x ° R' rave and by - ,14-16r,~6-14;~the ~Gore 8e - d However,,~Ientage Prep' . . e ..won their first.game of the year ~n t= _ f'~ihe pomts the"game aiid thematch ~ - After VMS Jnmped pi7ti1 , ~ V° 2 . met~mesrou-get~o a in ~the second`.gamezentage . t~ r qu.have ~~n rallied to with* "o at'8-6 But" 13D ~ow W ~eac~ ore R a n rs twetrt J' + 4' ~ G ge ere~ , and scored siz more pomts; includ x p. ' fully uezt .tune we get therereIt - ing an ace serve: by Jarrue $rave, A more relaicee~"-~`ra~r?s EW-W eziend their lead to 14-7 ,,;~ys~~ ~ ana, Carlson :Of Veil MQUrttalnl,"¢.- ifee loss, Grams sa "s be ~ . Howevei, Herie Pre ~ _ -en y ~8 Pt` =School `..digs .:th`e :ball .tlduring , miprovement in:that the team . the Gore Rangers rally on a `Sarah °Friday's loss to ;Heritage Prep ~g ~me new thuigs Swier kill shot, and came back to VMS very ~n~earlyupse~t Hentage serve;'receiving and just our ae the score az 14 ' : ~verall is much bei[er, ~ . ~ ~ k Pass~nS ••I was-womed because vur best :Gore Itangers-scored another'oznr =:Grams~ said:- "We tried to run oiir server, Dana CarLson, got us. ttiere.; when 'Cazlson's serve, was too 'bot : :offenseand then . the" giils on theand then we got out of that rotation ..to handle - for :;Heritage - Prep. ~ court decided we've got_ to give and I said `well, .it's going to be Carlson then scored the game wun .;~them the ball back.. Wtuch is fine, h tough now,~w Grains " said: ~'~"fhe ner'on a bacTccst kilt would' ra ~,~un ::our of- . girls i were real?y eaccited about ,t•r: Witta the score 6ed tC::i~ne::game ~#ense' Then there. wqe. a_couple of being to the point and I think they each, Heritage Prep jumped to.5-1. .punes we_did run our offense and it ; got a liule bit over arucious at that lead 'ni the third. game a ':Vail worked $°O~-. . point. I was just hoping we could Mountain tried W get back on tiawk. <.~`~ur goal for the next couple ~ hold on to get to a sironger point in !We jost made some mental et- ganies"is foo see if wecan get more ~ our serving rotation." .'."iors in our serve-receive to start _ out of air off'ense instead of just ~ With Carlson serving again, the that game," -Grams said. "After we , one trit back over." . . ; - _ - ; ; - _ _ _ . . - - - - , , . . - - . . . , . - - ~ ~ L' . 'S k :~~~~~"G'' x ~ ~~,~J'~•~.,« '~`i,~r~ a ~ t e'~ ~ - , RX , . . q. .•4~ ,y~.r~,'LA, RK ./~t -:s: a:.^~' ? _ .,1.4 , f ? , ..f. _ ,f'?{-• ti. ti , - " 7.s? ' ~ `•3'',_.~: BO ffiA~ ..•...6w T 88W : Bei@' ~~r B~ s.~. of my }iSerTleen- ,•~t'@3eeyEela~Bd and dely; . . . . ' J_ ryoti~ee eo~eao~.• ` , _ . > ~ Bb0l~ ~?8S. s a _ f~ 'f, _.3?ti .r.wp 1d ' ~3.•. - _ y.,.. . u,~ ' - . . e; Li' etaa~'a bok doser ~ ~t . - - ~Y!o awIt£ee~lye~io,4: ir. y~~ 7 'f'j• . ~ Y _ ~ Sl~ lYl/m{ILL ~ 7 8LL 'l~_ y~ as~r _'-~r n (mqmwience P h8T eeOiot y88T~ II`: ~1C!'~6+'~' ~ ~ • r }s]k,•3§;~' ~ , an Braa7. ld'ilesan, wbo D, . ; . 4 - . _ }190d lII ~1811 ~ W~LD~B ~B Y~;~: ~F! x ' . @ppp-y~p~ y~¢~}~p/~ 1 ~ ' _ ?~~~h ` . • : ~ f~ . i t' . . ' : . ' h98 ~ BEpf.'Tl@IIOC Ox~ISV111g . . ~ . . g~ - • - • . ' lieed in Belo Horizoate, Braz~,..,. e~r!'s . ~ ezpanenoes,- : w- a caty of 3.5 m7lion people. ~~'y both eocial end ; . tly~- p . , . L..... _ diR7 ~ {:ll~~ 7?`5~.,. i !`^""1'B, b V~u- , . . • . . . W88 gOing f~+0n'i~5~1 CtEt the yeBY. " - - - capi4al city of my (Bi'azilian) ,,:.T • _ : _ . ~ ~ L~a ~ ~ eses ° . ..i.4:. p~ ~ - aiff~ent the f~a, whac " . c._ , everyone wae weaTmBr the NSda~B. °%ay11R WAe ia a, v'er9 good echmol, eIId had 40 lesxn 4q do,eveipthin8 fbey didn't care tbat ehe lmew the • - . . . . . , ' g""°•D p,,,~ ~y~~d,,,' w6umz ~~,,~~r ~Il~ t18y ICBPn~ 810t 9bD11t . 8 yBBT 8go.18 IIOW ffiOBe'+ ~ OWII Bh+~B, BCffid88 t18 ~BCt . 1088 flIIeIIt ffi & B~ODd l8Dg118g@,.~:' ~St f0111@8TII BIIOtIB! ]BIIgUA$e, . ~ID~ ~R71~ffi811C81n8 ~ Ag~B' , : ~ _ . St Wj]i b81IIV81II8biC. x011189lII B CSII 8Sf• ]Ot 8b0IIt lIIdBPEIIdP.IICE; BbOllt bClIlg . ~ ~u it aa adult At 16 or 17, You grow nP . • is 4o pick up a forei~? langnege,°._ . . . esplaina Tom D'Agastinq who ~.:s I~eariring to undm~etand people of ' heeded the loaal Rotary esrban8'e._; diffa+ent cultures is eery ilason,l~9. ~ d, ` . pxa,gram tbat eent N ` . pmtant in~Y'e worl , Fn d l a9 ( I t e 1 Y). I, ~ Y 1 e G e Y e a nae) ecooiding to all the etudenffi and Ceeeaadra Haevelmana and eidminiata~atore inwlved in • 8~ ~ a y~ theee p~. I~B eleo eery • . , °%t sounde li~ they ell mat~ut~ difficult It cannot be tattght in . Past their ecxual age,° IYAgfftino. : a cleaeroom. . ~ iF . . . . N9s, now that the fourea~e hes °Yau should go oeer t1~+e ne~u , . rned. `~'h~y all learped the y'with ea open mind,° eipleine . ' 1ea6ueSe.the9 all learned a lot ebout P1~7ason. °I miseed out on a'•;: the cultu~m, and they learned abaut ' year of the math and hietory;. _ . , E1mmica - now t~hat haee a besis.'x ~Y and ebiff I wauld have 4aken . . . ~ac~~,~g~a~.- _r~ °Y~ ~ i~ eo a . R>.:~. p~~~ . 8iocffi~~~w~ta~ . ~to a i~,' ~a~, i~a t~.° ; . ~ : Who ~t m ~ • . , fr4 , ~u M~~ ~ ofxl~~ aa B~s sP~nsH c~~ . . . . . . : , auer~. °You reali~e Bu r.he thinge xarhryn Beny~;s ~ - they do for you whea t~x+e not for man,y of the lacal etudentd • dO~ " iavolvemeat with programB _ RTilsson eays she got to mee4 othex . ebroad. Beqyeh, who wae onoe • , . ' ~~9 ~en8e studente in her ; 4.he high schnol'e entit+e foreign . px+~am, fi+om oountriee incl udtng langue8'a dePa~'tmeat, Pro- . . . Denmark, Germany and Japan, vides her studeaffi with : °Xau really learn about all oaer information on the Center for eal ths world,° ehe sqya. `It juet over- Bilingual Multuultur-al9tudiee in Do, . . whelme me 4o think of all the People" Cuernavaca, MesiOD and other.. bw - - ; i... i _ _ -.Y~~ _ ~ _ ~ ~ • Zf'FjA. . ; j~, . . . . _ ~ ~`I • ' - x . ` " .1 _ - _ ~ ' . ' • . ' :ia:.`~~-^ , v'i.'` - _ " ' • - . _ , - • '<i . • .5~. ~tv~~.+ . ' s.• ' .p , _ ~ y. i ~,s, ~ .r'~~ ~ - 'Y.. ~ ~~"o ~ iSY I~~' . . ' - . Ve17QOa Ot~r Y _ - °eummer; ei& OfBeqyah's`+ ~ . •"YoQ j" a6eorb • ~.t~'and damea. 77 t abaut"being . . b°~OD~~'~0~?~ ' spexlong:laam~~`A&er aboiit the ~ • ' BBOmd W88k yOnidiA p{pick ltllp`> 4 • , ' :becausete8repeddw-7 the~ . . .Edeen~,~~y~~ ~,gbryA the sentenemt. ' k~.~ . . . ~ . . . ~StB'$iCBm 8 O Rt0c3.8Qy8 hE COt1l$ BpeBk '~+iY. - :.i : but'bBnhuIIed &18 BIIIDID~i tD . bR'116&*OII'b4VOcabuBuy.'NBZt . . a ~ .~la~bav~e anranged ` Le enbera the University of 00llege awmar: Colmado at Boulder ae a Spenieh':'JII : . - . -~~in theee and iabernatio~l budnese egor e estimatetha9 pacbeWepead ~ead eeee Memw ae aa imparta~ the mimber c~'home part of bie fudu+e. : ~ - ; . - ~ ~ s.W . _ ' " Y.f,oets R~ca m . ~ . ~ ~ ficatiam af NAFPA, ~ ~ • . tbeaia a daamuo=;• : ~;4hene's a lot of ogpmtunity, far people ~ . e4Ye. ~eu they get, thk¢!editZ;,; that are biljngual,•, he eaya 6'~~ ~ a m~ _ y, the,Gwecnavaca Pnogc'ai, as ie, Ph~ with tbe elec#ion year aad tiveiV6ith`the otheaa, et~d:eats live :.NAF!'A ' ili' a haet famirand ene epokep,.to4_ ``~f Benyah's~ya that I~aa'a int~+est '~DS ba BPnnieh from the.~*» ;.m Languege and mtemational aPenti_N''nelatiama ie typical fas s~ wbo • • c ~a.d~y,~g . _ ; _ ' • z't • . ' ~ ~ i- ~ :~'i:~~" . , ' - - ' • . . . - I . . ~ ~ ~ a ~ . ~ . ' , ' . ' I: . . . IIa:AAcuntain Hipn School.junioi kricAoelad (conter, iwkh besebatl caP) ar?d ciassmata' • ~ `.raoarltly'rotumed irom a month in Cuernevaca, AAaxioo: Roeland says tho . ~2.,~skvabpad:vrdh thoq ~ytem ~ •.~T-.~. - . Ry: P!cturad hera. M!ill Isspa IAetime;;, ; m, . • •'n . , . . ~ ' . kloriip . _ . `~;"•It m e ~ ~ • s:»....,-.•.._. ;pPeB~~ " Il 8&YS. dOOY3 ~18 . `commuliity-. - . ; eve can'C giv Eric .Roeaa part ~of Iti -,exp a ~ . Cuern ship .hee _ ope: o host fam~`l w~`ii` ing~ to~„~_:~" v~i Carlson;`~~hb; e~ iaith theirt; -Lhis onTy'`Fta', a~ . enm-:do says: "It `W~' ~ • P vvithout =m zrjk`~~#a didn't have`ariy°~ ~~a cause I:~iave:;enothe down there{.,now - _ Carna "hari; . ~aeii~o . Eagle-9ail;°`'spen~~~~` , in San :Jose Co 1~ ` ' atudyin71-_Spanis anothei~: tw0;;~3~vee Costa Ricari rainfo . ' ]ilg eCOlO~+.~, "It kinii- of' aae" wha-"~'~~~~.. , living after'.r graduad. college,°:_ ehe: travel arourid a Totx ~`wartt , have s job 7 tha~: that. : , . Another-' goa h a1 as is Lo- study ; SpaniA college anil become= h4uenk~~= 'Learning :t~nbt~er...-~~an='"~= guage is -teAllyimprn nt `in our are.;~~ ::sa QMC:instruct~ . - u . . . t,: think tha.t~wit~elpe, tor~de've for the stude~ts re o~xa.~X worldwide eonsc~usne C~nr mottoJ.here~~'">~',._.'-"`~-'" we use eF ~~in~ World as `our'dassroom ~ Rceland.ad =o away ..y-,e , , . r:• . a . . you ieaTrze ~w a atlM-;, .town~Vait ' - - part`y ou}~.: =sue woiId:z%L.at in ~ppeec~.ve Tn , goalsnc2_:.wr my Iif`e', - ~rams ar~jn en1~ Iri_ . the ~ , Eag1eE`oun choo fsa Di st'ric~sni~ er~hrely ;self .s funded. me-o~f"Efie~stndents~:~;T held:-dowit`'~_-`~o`~SS~d" • school year"to~` elp=`pay their tri 1 . . u Fs~. kir3[~ Lk~}.}~~c =F1.TL~ ii ~~•tiu ..Lii i f'- y } ~ ...F..V..4t.~.'~_;~ T•_ C:~'11hi?}~"r' .,..~:c;. ! ~ , L . 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V L L uti G1= Fi j.:.: t iprl S.4 r i t;-t r c' _ r• - T- Semaa ~moe1 YEAR 2 aRADE 12 PRINCIP.4L'S SIGNATURE . - ~ " ' ~ • . ; _ . . • Page 2 Stakeholder Update C,~ ~ ~ ~ ~ ~ page 1) . p ' However, the board believes.. , une your radio to KOA and ' Since the segments began in that the involvemenY of trade as= KTLK for the newest pro- December, Colorado listeners sociations and destination market-._ Tmotional program from the have heard about the Great !ng organizations (DMOs) is a vital CTTA• . --Sand Dunes Natlonal Monu- . element to the success of the Every wreek, listeners of KOA ment; Durango-Silverton iVarrow. CTTA. They provide a great deal.". and KTLK radio will hear a: new. Gauge Railroad, VVinter.Park Ski of insight and a different perspecCTTA-sponsored segmenY called Train and the CTTA. Parson an- tive on issues. Recognizing the Colorado Escapes. Host Laurie nounces- 1-800-COLORADO- at, importance of continued involve=`, . Parsons shares the inside scoop- the end of each segment, en=" ment from DMOs and trade asso-= . on great Colorado getaways; high= couraging in-state fravelers to - ciations, the Board passed, the lighting a different area, -activity,, get their own copy of the Col- Policy creating the twro new, 'non- , evert er at~r4etion ir~ Cnlorado to orado Stai~Vacaiion Guide.-.- . Voting board seats. One is specifi-~. - encourage the radio audience to It is,~ the CTTA's ~hope% thaf, cally designated~ for an indusfry_ explore their home state. these segments'will be success= trade association representative - - Audience members 'will learn , ful.and can be expanded upon in ~ and the other for, an . individual,~~ about.their state; find out about in- the. future.. Listen to . Colorado' from a destination marketing orga-,, teresting oppoitunities or,special Escapes, Fridays at 6:30 a.m.- nization.. . , . rates and have the chance to win on 760 .hCTLK and Saturdays at The Board_appointed currenf'== Colorado Escape packages. ~ 7:57 a.m. on 85 KOA: board members Pete Meersman - of the Colorado Restaurant, Asso- ' ciatio.n and Dean Dennis of fihe : - Pueblo . Convention & Visitors Council to senre these one year. . terms be9innin9 March 1,. 1996. . • . ~ . . ' . ~ Their continued involvement. wil( 64Il~ Colorado biasinesses became CTTA Stakeholders - Provide the Board with con4inuifiy; - :~-~an important element during.this : in 1995. start-u ' . . p period. Although they will ~ 1Vearly R20q006 requests for information on Colorado °-not vote, they will.participate fully-~ in discussions and bring.the views ..have been received by the CTTA since June, 1995. of DMOs and tr-ade associations:,. - " ' - ' to the table. /rlw ~~ehoLder Up3lage Colorado Travel & Tourisrn Aaaifioriky lP0_ Box 3584 ~ . . . ' . .:Y....• ` ' ]Englewoofl, CO 80155. ' . _ :u:~:- " • " . . . . . ' . , . " . . .,,'.j,•r~ , Town of Vail Peggy Oste s 75 S. F ntage Rd. V CO 81657 ~ . - ~ _ . JAN I , . . - . . 7. O u r M i s s i'o n i s Yi o u r S u c c e s s - h dv COLORADO. Stk ate A 0--Cf T R A V. E L & T O U R I S M A U T H O R I T Y , ' ' . . . . . . . . ','F . - " January 199 6 e - , ational,,. o., ora - . Two New Bo'ar _ _ CM . _ . o.. : Seats' Created-.- he--CTTA is taking steps ary 8 m. Sante Fe, NM. . to put Colorado back in March 9-13, six: Colorado del- T , - the 'ir'tcrna-It'lof-ial- market= egates wi4{-4favel ta Serlin for - s with any new organi7a- tion; the CTTA Board. of ~ ing limelight.. We' have formed the Ir~ternational Tourism Directors made many de- two partnerships to begin these Exchamge (ITB), the world's cisions during its `first year__to, de- efforts. Eileen Gordon of Col- -largest, traveL trade show. fine define its direction for ttie fu-.,: orado Travel Marketing. is work- Germany is one. of our,most ture. One of these decisions'cre= - ing for Colorado in" the Euro- important international mar- ated two new seats on ttie B''oard. - pean and South American mar- kets, representing..-Colorado's of Directors specifically desig ; kets. Mary Motsenbocker of second largest source of'over- nated to representatives from aAmerican Rockies International seas visitors. Eight delegates ' destination marketing organiia- is representing Colorado to the will have the opportunity to tion. and a travel trade organiza=" Pacific Rim., promote Colorado to the world _tion. When- defining a stakeholder;; _ With their help, Colorado wiil at Pow Wow 1996 in Los An- the Board consulted with those in-~~- _ be represented at several inter- geles June 8-12: "volved in creating the CTTA-Act.~ national trade shows over the Spots are still available for_ : By following the original intentof coming months. -Expo Vaca- ITB and Pow Wow. `"The the legislation, the Board con=~, ciones in Mexico. City, February guidelines for state tourism of- cluded that stakeholders are for- 5-7 will give four Colorado dele- . fices limits Pow Wow-partici- profit businesses. This would then gates' the opportunity to make pation to staff or representa- ' exclude : representatives. f,rom- , busiriess contacts with Mexico 's tives of destination marketin membership- organizations, ~from 9., servEng on, ths Boaru a' Jirect&s. . - leaaing tour operators, travel organizations and trade asso-. - , (Continued on page`2) . `agents, incentive organizers, ciations. If you are interested media representatives . and . in more information about` any meeting planners. of these trade shows or' be- " _The CTTA will be makin mi CTTA MeetM ' S. g a co ng_ a delegate, please , g. 25 minute presentation about contact Eileen Gordon at February, 1 12 to 3 P.M. % Colorado to intemational- dele- _ 970/330-0962. Spots are fill- Board of Directors Meeting _ gates at the Rocky Mountain ing. up quickly, so contact Fort Collins Mar.rion - Symposia - Europe on Febru- Eileen as soon as possible. Mai,ch 7 time TBD - The 1996 Official Colorado State Vacation Guide Annual Meeting Denver will be available in April 4 12 to 3 p.m: February Board of Directors Meeting Get yours by calling - La Junta Qualiry Inn 1-800-COLORADO Atftk nC ~ L-C(..L-i(,,CA,t.. ~ ~ECEIVE9 ~j CML . . Cblorado Muruapal L~ ~ 1660 i.incoln Street, Suite 21~ o D~yeg, Colorado 80264-2101 m Phone (303) 831~411, F~ (303~ ) 860-8175 MEMORANDUM To: NTayors, Managers or Clerks, and Attorneys for municipalities With Senators on the Business Affairs and Labor Committee: Your linmediate Aftention Itequestede From: Geoff Wilson, General Counsel Re: SB 96-10 - Telecommunications Industry Legislation Limiting 1Vlunicipal Right-of- Way Authority P Date: January 17, 1996 You recently receiverl information concerning telecommunications industry legislation aimed a arnong other things, eliminating municipality authority to receive a fair rentai from telecommunications companies that permanently occupy municipal rights-of-way with their equipment. The League strongly opposes this legislation. Arrayed against us are numerous lobbyists representing the giant telecommunications corporations that are pushing are this bill. This will be a tough fight. . Since our last mailing, the bill has been introduced as SB 96-10 and assigned to the Senate Business Affairs and Labor Committee. Your municipality is represented by a Senator on that Committee. We need y~ur help NOW If you have not already done so, please review the materials that I have sent you, as well as the attached memo to the Committee. T}len, pjease . make a phone call and send a follow-up letter to your Senator expressing your opposition to this legislation. It would be particularly helpful if you can reference in your call and letter the particular adverse.fiscal and other consequences for your jurisdiction'if SB 96-10 is approved: Please copy the League on your letter, and let me lrnow wfiat reaction your Senator had to our statement of opposition to SB .96-10. Y Thank you in advance for your criticai assistance on this most important iece p of legislation. Membeas off the Senate Bunsaness Affanas ~~d Labor Cmmmattee ~ave Wag$~~~erg - Avon,. Basalt, Carbondale, Craig, Dinosaur, Eagle, Fraser, Glenwood Springs, Granby, Grand Lake, Gypsum, Hayden, Hot Sulphur Springs, Kremmling, lYTeeker, Minturn, 1Vew Castle, Oak Creek, Parachute, Rangley; Red Cliff, Rifle, Silt, Steamboat Springs, Vail, Waiden, Winter Park, Yampa Bnfl ~chroeder - Lakewood -OVER- . Ben Alexander - Bayfield, Cortez, Delta, Dolores, Dove Creek, Durango, Ignacio, ' Mancos, Montrose, Mountain Village, Naturita, Norwood, Nucla, Olathe, Ophir, Orchard City, Ouray, Pagosa Springs, Rico, Ridgway, Silverton, Telluride • Tilman Bishop - Collbran, De Beque, Fruita, Grand Junction, Palisade Lloyd Casey - . Broomfield, Northglenn, Thornton, Westminster Bob Martinez - Arvada, Aurora, Bennett, Brighton, Commerce City . Stan 1Vlatsunaka - Berthoud, Estes Park, Loveland, Timnath, Wellington A1 Meiklej ohn - Arvada, Erie, Westminster , Gloria Tanner - Denver " tl CML COIOTadO MU111C1 _ Pal League 1660 I,ancoln 5treee, Suite 2100 o Denver, Colorado 80264-2101 o Phone (303) 831-6411, FAX (303) 860.,8175 MEMORANDUM To: 1Vlembers of the Senate Business Affairs and Labor Committee From: Geoff Wilson, General Counsel Date: 7anuary 17, 1996 Re: SB 96-10; Telecommunications industry legislation concerning municipal rights-of-way: . q - YOIlIlII' 0ppoSYtIloIIH fl'eques$edo Tne Bng.saness ~fairs I(.,aboir Cmmma4tee wnfl soon be consgderang 5B 96-100 Tlne ][..eagaae strong?Y opposes thns bnllllo This industry legislation is being pushed by major telecommunications corporations that want to obtain rent-free use of public property for the conduct of their private business. In addition to guaranteeing that these corporations won't have to pay for the privilege of permanently placing their equipment in local . taxpayer's streets, the bill forces local municipal taxpayers to subsidize this use of public property by narrowly limiting costs that municipalities may recover on their taxpayers' behalf. Backgrouand As major consumers of phone service, and on behalf of our residents and businesses, Colorado municipalities welcome competition in local telecommunications service. We believe that, in a competitive environment, municipal conditions on right -of-way access should be "competitively neutral" between service providers and should not constitute a barrier to entry" into the local market. These sensible concepts were what we and the industry began taiking about over a year ago, when the "right- of-way issue" was first raised. Unfortunately, as SB 96-10 illustrates, the focus of the issue has now veered sharply from its reasonable beginnings. ~ervnng tllne 5tate's ][nterest? Last session's HB 95-1335 illustrated the State's strong interest in fostering competition across Colorado in the provision of local phone service. This does not mean, .however, that the State's interest is automatically aligned with whatever US West's private corporate competitors may desire. Often corporate objectives have little or nothing to do with the State's interest in fostering competition. The industry's present goal of obtainirag rent-free use of ublic ro Loud protests that SB 96-10 really does somehow serve the St~ateSSn teres Pare unconv nc nbjec ~ee inescapable fact is that the corporations pushing SB 96-10 have flourished in Colorado and in other states where they have paid a fair rental for use of the public's right-of-way. Anecdotal examples of local government inconvenience to industry should not be indulged to rationalize the statewide roll-back of locai elected officials' authority that SB 96-10 proposes. , -OVER- ' Y 1 VVhy We Oppose This Bill • Rent-Free Use of Public PropeM., SB 96-10 terminates the traditional municipal authority to . charge a fair rental to private telecommunications corporations that permanently occupy a portion of the public's property with their equipment. This authority has existed for decades. For example, in 1893 the United States Supreme Court rejected the now familiar argument that such municipal assessments are actually "taxes", finding instead that the City of St. Louis: attempted to make [a telecommunications corporation] pay for appropriating to its own and sole use a part of the streets and public places of the City. It is seeldng to collect rent. Now, when there is this permanent and exclusive appropriation of a part. of the highway, is there in the nature of things anything to inhibit the public from exacting rental for the space thus occupiP,d? Obviously not. Suppose a municipality permits one to • occupy space in a public park, for the erection of a booth in which to sell fruit and other articles; who would question the right of the City to charge for the use of the ground thus . occupied, or call such charge a tax, or anything else except rental? City of St. Louis v Western Union Tel Co, 148 U. S. 92, 98-99 (1893). • A. Snecial Benefit for the Telecommunications Com anies Under SB 96-10 only telecommurucahons service providers are relieved of their rental obligation. Any other private person or company that wishes to occupy the public streets for private commercial purposes would still be obliged to pay for the privilege. • Ternunation of Existing Rental Obli ations Numerous cable companies, competitive-access providers and independent phone-service companies presently have franchises and other right-of- way use agreements with Colorado municipalities. Under these agreements, the companies pay a percentage of their gross revenues derived from activities within the jurisdiction as rent. SB 96-10 prohibits any assessment based upon a percentage of gross revenues. The bill thus proposes to immediately terminate payments to municipalities under these contracts. • Termination of "In-Kind" Assessments. Communities often zeceive non-monetary, or "in-ldnd", compensation from private companies that occupy their rights-of-way. These in-ldnd services, such as public T. V. channels and local communication networks, provide important benefits to the community and would often be prohibitively expensive for the municipality to purchase at market rates on behalf of taxpayers. SB 96-10 would immediately terminate in-lcind assessments . pursuant to existin~ agreements, and would prohibit such assessments in the future. Thus, communities would either have to pay the company's market price for these services or do without them. ~ Limited Cost-Recoverv The bill provides that municipalities may recover only certain costs associated with a telecommunication corporation's use of the public's streets. Of course, to the extent that these costs are not recovered, the bill effectively forces local taxpayers to subsidize the private corporation's use of public property for private purposes. It is possible to conceive of reasonable legis.lation concerning municipal right-of-way management that is rationally related to the State's interest in fostering local phone-service competition. SB 96-10 is not such a bill. We respectfully urge your opposition to this bill, as written. , • Schuss~ . c:-: ~ag. ~ targstmg warm° we ther -set ~ By Andrew Hood : • Daily Staff Writer - 66 his is ara adeal sataaation for a publie case No longer are ski areas trying to study taat showcases tae healtay advamtages of a steal skiers from each other: _Now they're going after the Walt Disney ski vacation versus tlae more sedentary beach.- and cruise set, offering incentives to . aaad comnxercaafl Y~asney Worla~ experiences. turn beach-combers into powder sruSrki industry officials are taking - Kristen Kopplin advantage of last week's mega-bliz- - Copper Mountain spokeswoman zard on the East Coast as a chance ~ ; d_ : - . • ~ • to get more skiers to vacation in Colorado. Vail Associates sent faxes and.. . Dubbed the "Bait 'N' Schuss" Jan. 31 to Feb. 4. video tape to media outlets on the campaign, officials will:do the fol-- Copper Mountain spokeswoman East Coast to show off its own bliz- lowing in the next few weeks: " Kristen Kopplin says the Summit ~ zard that hit in earty January. ~ Send ski instructors from the County resorts are trying to put a Ski the Summit is taking it a step Summit County resorts to cities in dent in the top dogs of winter vaca- further, trying to use the New Eng- the Northeast, Midwest and South- tion spots. land blizzard that buried the North- West to demonstrate quick condi- It's Summit, Vail or Aspen. east under three feet of snow as a tioning tips for wanna-be skiers. - According to the Travel Industry hook to convince vacationers that ~ Offer a"Bait 'N' Schuss" A~sSociation of America, Florida, snow isn't all bad. expense-paid vacation to a New . California.and-Hawaii are the top- The Summit County promotion- York-area family ttiat already has three winter uacation destinations. ax al group - which represents Key- booked a trip to Walt Disney Wor(d.., = The survey also shows while the ~ stone, Breckenridge, Arapahoe ~ Treat three women from St. number of ski vacations continues . Basin and Copper Mountain = is Louis to a five-day vacation in Sum- -to climb, whicll is expected to jump • looking to attract warm-weather afi- mit County based on a radio promo= S percent over- last year,. the' per= - cionados to the cool slopes of skiing tion that asks female listeners to centage of people planning ski vaca- in Colorado. - °share their beach vacation horror tions is dwindling, down 3 peicent "Ski the Summit is takingthe ' stories. from last year. mittens off to make sure people ~ Bring a 20-something-couple "We are targeting families bound know what they'll be missing if they from Phoenix to the slopes to high- ' for Disney World and women and - book a cruise or fly to Disney World light the on- and off-mountain fun young couples headed for the trop- this winter," said Jim Felton, direc- available to the "Generation X" ics because they represent our pre- tor of communications for Key- crowd. sent and fu'ture," Kopplin said. ~ stone, Breck and A-Basin ski areas. - Use the Internet as a forum for "This is an ideal situation for a "With over six feet of snow since side-by-side comparisons between public case study that showcases the New Year's Eve as the bait, we Walt Disney World and the heaithy advantages of a ski vacation ~ hope to convince hundreds of Caribbean and Ski the Summit. • versus the more sedentary beach • beach-bound vacationers to make a - Issue daily "post cards" from and commercial Disney World U-turn for our resorts," Felton said. vacationers over the Internet from experiences," she said. fb3ude - From Page 12 401 "They're super-good guys," 66 > Mendenhall says, "some of the hP.-r . nade>s stuffsprett.y decent>" . . . , ~ . ~ 2 The Vcril 'IYcdl - Januc¢y 19. 1996 1 w a D 0 ~ • ~fµ~~~i{7M ~ 1y, i„ . 7ti 1 (~,i~~ B . IFrong~~~~~~ 1 Lefa~ ~f the w We should have known better. While Aurora ~ ~ and Colorado Springs were extending the con- 4 ciliatory hand after the Homestake II wash- ~ out, they were honing the dagger bound for the - e~ 1041 permit process. _ ~ They've told us, in an. unprecedented ges- 1 ~ ture of peace in the trans-basin water war, t at ~ -they want to work with users of the Eagle River ' to develop an environmentally acceptable al- ternative to the Homestake II project - one ' that wouTd provide water for local river users as well as their own interests. A recently un- c i veiled plan to use. the Camp Hale aquifer was greeted enthusiastically by many of the cities' ~ former foes, and it looked like peace was at ~ The : hand. heat lai Yet the mayors of both cities recently testi- ments fied before a state Senate committee in at- 1 be a1~ tempts to dismantle the 1041 permit - the umnsr regulatory tool that allows local governments the pre - to deny utility projects within their domain. ticulai those t ~ Eagle County can thank 1041 for halting ~alutyt ~ Homestake II. Pioks. If 1041 goes away, we can thank the cities M;I: ± and Senate President Tom Norton of Greeley. liquor down: Let's shake hands, take our football home, yo, } then bring back the neighborhood bully. ing a Say i The wiser ones among us warned of the the s' importance to protect 1041. The wiser yet it.Wt forwarned the cities would act swiftly given maaf ' the chance. Swift they were. Senate Bill 48 passed (Sen tanc r through the Local Government Committee this New week 4-3 and is headed for the floor. We can Den Blu, ~ count on our West Slope contingent to fight the hard, but do we have the numbers to win? voic : 1Vleanwhile, what liappens with local water scu _ projects? How can we continue working aside libf Th ; those who have betrayed our trust? . ch_ ~ But then again, trust and the political pro- to} r~ cess don't always make good bedfellows. - as be - te "t: e , attowney watchdog'. w.. ~ ~ ~ . . County will discuss unified legal effort with Vail to the Federal Highway Admimstra- along a stretch of abandoned track By Mibte Spaniol8 tion from 1985 to 1989. from Woody Creek near Aspen ''to. Daay Scarr wricer McMahon also worked as a con- Glenwood-Springs under considera-` sultant to the U.S. Railroad Associa- tion for light rail transit. Having political clout in. the tion, created by Congress to deal with A tentative purchase agreement for nation's capital helps, and the Town of bankrupt railroads in the Northeast the Aspen-Glenwood rail line calls for: Avon will.spend up to $25,000 to buy and the termination of service to com- Southern Pacific to assume responsi-. - , som-e-oTthat influence. .murfttjes along the lines, a situation he _ bility for up to $100,000" for 'any" The. Avon council approved that likened to what may occur locally. cleanup. Garfield County Commis- sum last week for an attorney with the Despite Congress having disband- sioners have expressed concern about Washington, D.C., fum of Bastianeili, ed the Interstate Commerce Commis- the potential for cosdy cleanup should Brown, Touhey and Kelley. The sion at the end of last year, McMahon the coalition buy the railroad right-of- firm's Anthony McMahon will moni- foresees no disruption of the merger way for a pmposed $8.5 million. tor Southern Pacific rail merger devel- review process. The three sitting for- Secaring a"cleanQ~nnht-of-way in. opments for Avon. mer ICC commissioners now head a Eagle County "is ~ g to be an In an interview with the Vail Daily surface transportation board, formed important part of my mission,". on Wednesday, McMahon said he will to replace the ICC. McMahon said. "I' m familiar with seek federal highway funds for light The legwork, though, needs to start ways to get the railroad to do what rail transit in the valley and ensure the locally. "'I'he community needs to they're required." railroad performs the necessary envi- decide what they want. Do they want As two examples, he noted "the ronmental cleanup before leaving. the tracl:s to remain?" McMahon said, Forest Service can compel the railroad. He expects the proposed merger ciung one example. to do what is needed, and historic site between Union Pacific and Southern Southem Pacific officials have said preserva[ion requirements can be Pacific to gain federal approval and the they will remove area rails for use enforced." There are a number of his- combined rail company to abandon elsewhere, but would consider selling toric sites near the line, he said. 163 miles of track extending from the land and rails to local govemment. Eagle County officials have asked' three miles west of Eagle to Canon A Union Pacific attorney estimated area municipaliues to use the same City via Tennessee Pass. track and land cosu from Eagle to counsel "in order to achieve efficien- • The merged company, to be known Leadville at $5 million. Colorado cies and a unified voice." With the rail as Union Pacific, plans to use more Department of Transportation officials line splitting the town, Avon officials profitable lines through neighborinJ may help with grants and funding. have said they have more a[ stake, and states. Industry officials say federal McMahon will work to obtain fed- so sought their own counsel. merger approval could come by eral funds to help with the purchase if In a statement three weeks ago, - August, but no timetable for area rail area officials want to pursue that Avon Councilman Tom Hines said the abandonment has been made public. option. McMahon said he negodated town has an interest in the whole pro- McMahon joins Washington, federal funding for the completed por- ject. "We'll help with the overall pic- D.C.-based attorney and acquaintance Uon of the E-470 freeway in Denver as ture and not just Avon's interests.1".• Fritz Kahn, who in December was an attorney on that project. The Town of Vail has. not••yet retained by Eagle and Lake county As a consultant to Avon on the rail joined in either the county or Avon's officials, in monitoring area-related merger, he will also work to persuade attorney consultant projects. Howev- . rail merger developments: the railroad to sell. the trackage and er, Eagle Counry engineer George "Together," McMahon said, "we property rights for as little as possibie. Roussos will address the subject Tues- can do something worthwhile." Along with that land, however, day at a Vail Town Council workshop. Both have credentials for the job. comes potential environmental liabili- McMahon also favors consolidat- Kahn worked as general counsel for ty. The Roaring Fork Railroad Hold- ing efforts. "We'd like to have as large the Interstate Commerce Commission, ing Authority negotiating team earlier a coalition as possible," he said. "The ; which regulated U.S. railroad activity, this week requested an environmental larger the coalition, the more power and McMahon Served as chief counsel audit of what cleanup needs to be done you've got." ~TOW(Ofl vesi,n~ BMHISO expressed her especially superintendent John ' ` By Marbca Moser appreciadon and board president Don N; llaily ctaff Writer for Fredell's ' their unwaverinc, su^rn'* interest and, rPnure A' • ~ _ ~ (_)I(ice ~)f clvc linard nF C:ommictiioncrs I.:a};1f-. Coun(y Ruilciing (970) 328-86(15 I',('). Rox R5(1 Fiiu: (970) 378-7207 • >UI) Rrc,adway II)I): (')it)) .428 H7/97 I'agit•, C.nlimado 81631-0850 January 22, 1996 - 9 3:30 - EAGLE COLINTY, COLORADO AG Enl DA BOA~~ ~ OUtVTY ~OMNlISSIOIVERS ~~~ULAR MEETING DAY JANUARY 29fl 1996 a ts ~ a Q~ a a a o a v a o a a t~ ~s t~ t5 t~ ~s tt o ts e o o O p a a ts tr ts tt a o 1. 8e30 _ 10:00 WORK SESSION - PENDING UTBGATION James R. Fdtre, Coun4y Attomey 20 90.00 - 1@095 ~REAK 3. q015 - 11o15 WOitiC SESS80N = WEEKLY IJPD/4TE 40 99e96 _12o00 - 9AIORK SES510N aMEETIN(sS ATT'ENDED 12o00 - 1:30 LUNCH 1.3@ - 9:45 CONSENT CALENDAR 19mo o4e roufino and non-aontrovorslQl nature 2ro Pleced on tle coneant wlendaryo ellomw tha Board oPCounly Commbooeum fn opewd 4B timm end energy on more ImpoAant ileme on a lengffiy aganda. Any Commiaeioner rmy request thal an Itom be 'REMOMED° trom She ooVlwnt tA101Dder e nd oonsidered aepare4ely. Anp PPIOmhef of 1he puhlc mag'REW EST' erry hem be °REMQVED' imm Iho CanmooeY Ago0@9. ao BILL PAYING FOR TFIE VVEEFC pF JANIJARY 29D 1996 Linda Pankuch, Accounting Mark Silverthom, Controller AC'T@OMa Approba[ subject 4o review by the Chairman. Eag9e Boardl of Caun$y Commissioners Agenda, January 29, 1998 . , Page "p'wo PAYROLL FOR FEBRUARY 1, 1996 PA1fROLL FOR SOCIAL SERIIICES JANUAF3Y 318 1996 Mark Silverthorn, Controller ~CTOOK: Approv81 subject to redievv by the Chairman 7l0 COl?NTY 1IET'ERANS SER1/ICE OFFICEit'S MONTFILY_ IZEPORT FOR DECEMBER 1995 Jadc Johnson, l/eterans Senrice Officer AC40OK; Consider approval APPR01/E PIJRCH/4SF, OF EOLJR DllMP TbZlIC1CS 1996 REPLACEMEN7'S Bill Smith, Motor Pool ACTaONo Consider approval S. APPR01/E PURCFiASE OF ONE 1996 4X4 DIJMIP TRucKIPLowrsnruDER Birl Smith, Motor Poo~ ~CT~ON= ConsideP approval FEMS ON THE RECORD 16. 1,45 - 1:56 AGREE(NENT BE7vVEEN EAC;LE CO11N7'lro STATE OF COLQRADO AIVD WE RECYC9..E Ron Rasnic, Landflll AC790M: Consider approval . 11. 9o59 -~:66 AMENbNIENT TO TIiE E7(13T1NG PASSE1dGER FAC9UTY CHARCE APPLJC/1TIQN James Frifize, Caunty A4tor'n~~ ~~~ON: Cansider approval 12, 2:05 - 2-96 COIVTiiACT BET1fIlEE1V EAGLE COl1NT11(, STATE O~ ~OLORADO AND EAGLE II DEVELQPERS REGARDING R!1lERWALI~ PLAlVNED llIVIT DEVELOPMERIT Robert LaefffleP, Assistant Caunty Niansge~ ~~~ONo ConsideP approval Eagle Board of County Commissioners Agenda, January 29, 1996 . Page Three 93. 2:16 93:19 OAfORKSES$ION POIAfERS OF THE EAGLE COUP1TY REGBQNAL Titl4NSPOFt7'ATIOA9 AlDTHO131TY 14. 3:16 -3.46 4fVQR1C SESSION - BUItEAU OF LAMD MAIVIIGEAAENT PATENT CONVEYING i.AND TO EAGLE COIJN°Tl° FOR THE SHERIFF°S TRAINIIdG FACsUTY AND /4 BLM BRIEFING Michael IVlottiee, Bureau of Land AAanagemen~ 3A5 - BREAK Is. 4o00 - 6.00 JABL BIVSPECTtON THE FIEXY MEIET1R1Ca OF THE EAGW CQUnlTY COMAAISSIONERS !lFi1LL 6E HELD OW JANUARY 30,1985 AI.L NAEETINGB WWLL BE HELD IW THE EAGLE GOUNTY BUILOINQ - 3flp gRpppyyAy. EqCLE- pR 07MERWISE INOTEP. THIS dIdEPJDA IS PROVIDED FOR IRlFORMA11oNAL pURppgES ONLV -1LLL 71MEs ARE APPfio7olyq-M. THE BOARD 1ftfiill.lE IW SESSIOR! MAY COMSIDER 0T41ER fTEMS 7HAT ARE pRpUOFIT BEFORE IT. - i = . .OFfic:r. nt thc (3uard u) C:wnrnis~sinncis I_aglc C:cninly IZuilding (970) 32R-9605 1?0. iiux 450 fax: (V70) 328 7207 - >00 Braadway '7'l.)('): (970) 77.R41797 (~clr.uli8 1631-08.50 ,lanaaar'y 22, 1996 - 13:33 IEAGLE COIlNI'YP COLaRADO AGEN A ~OA~~ F COUIVTY COMMISSIOIVER~ ~LAWNG MEETING DAY JANUARY 309 1996 Q O A Q 4 Q O Q{} 4 iF fl i? A Q 4 O A A b{} ¢ b d d O 4 O d i} 4 Q 4 qo 9:06 - 9o45 aomTUo WQFtK SESSION - COMMUNYTIf DEVELOPME9VT Keith Montag, Director 2. 9046 - 10:00 aome PLAT AND FiESOLIVTiON §IGNING 6Cathy Eastley, Planner, Community Developmen4 90000 BREAK 3. 10_16 41:95 ~oa~o ZS-374-95•H1DDEN TREASIJRE ADVENTURES 6Cathy Eas41ey, Plannar, Commurtlty mevelapment .ACTI0N< To consideP the request for a recreational facility for overnight accommodations provided to cross-country skiePS, hikets and equestrians: .40 99e9s -11e25 com. SU-110-96-AF-THE VVOODS._FLG 2. LOT 82 Kathy Eastley, Planner, Community Developmen4 ACT10N: To arnend the condominium map foP T'he Woods, Building A_ Eagie Board of Coun4y ComPnissioners Ageroda, Januaay 30, 1996 Page Two -336-96-F-PA1t1C$IDE EL EBE' Pau6 Clarkson, PBanner, Comrenunity Developmen4 . . . . ACTIONe To subdivide the 3 ar.re parcei into 8 single family • parcels pius 50' of road right-af-way. ' 11e315 4.00 P.M. WN -C -H -2:00 P.M. IAPORi( SES I N- IIVF RMATI IV S1P TEMS FD SER1/ RS e411en Sartin, Finance Director Dave Holmgren, Infornnation Systems ~EEMm OF '~E EAGLE CCRJN7Y COMMISSIONERS YwLt BE HEdD pN FEBRUARV S. 9888 ALL a1~FTINGS 164flLL BE ?{E`D 19d YHE EAGLE CQII fd7y OUILDINQ - 600 BRQApWAy, EqqLE - OR OTHERWISE NOTED, THIg ~NDA 15 PROVIDED FQR IPfFORYqT1pNAL PuRPOSES ONLV -1?LL 7u1E3 ARE APPROXIMATE. THE BORR[1 yffl.lE IPo sEgglOPd AeAY CONSIDEq 07HER I7EpyIS YHAT ARE BROUCiHT BEFOR@ f7. 1cc: C~~ei.t, ~ Plath named smuseum, director ; ~ ` - 'Vketing, promoting the Jeep King of Dairy staff Report , .'.the Mountain Downhill Ski Series.. . , - ~efore,that, she managed the offices- Mazgie Plath has been named of Slifer, Smith & Frampton Real executive director of the Colorado Ski Estate. In 1988, she started a consult-. Museum, according-to Robert John- ing company, focusing on special stone, chairman'of the museum board: events and fundraising for,the NFL' Lucy Babcock, director for the and other organizations. past two,yeats, =wi11 retain her associ- _ , Plath serves, on the board of the ation .with .:the:= 'Eagle _Valley~Children's: Chorale as museum by serv- vice president.and .fias tieen a,voluri= ~ - ing ori the board : feer. for the Vail Valley F.oundationof dinectois arid` for nine years:. . continuing _ her PTliis is ery exciting time to be support in - her • involved with the Colorado Sld Muse- new position as um as we prepare to celebrate its 20th director of devel- anniversary and with the World' opment for the c a Championships retuming to Colorado Vail Valley in 1999," Plath said. "I am devoted to Foundation. ~lath the goal of the board to make the Col- Plath will be ' orado Ski Museum the best it can be." responsible for generating new busi-' The Colorado Ski Museum-Ski ness, coordinating all fundraising Hall of Fame houses the state's largest efforts, expandipg the museum mem- collection of ski memorabilia and arti- bers developing new ideas for display facts. Displays portray exhibits on the and exhibits. l Oth Mountain Division, the Colorado "Margie is a longtime Vail local Ski Hall of Fame and t}ie U.S. Forest-- - with deep roots in the community and Service as well as a newly completed withing the ski industry, and she will time line that depicts the history of lead the museum into its next chap- Skiing from the 1860s. to the present. ter," said Johnstone, one of the.pio- Located in the Vail Transportation neers of the 19-year-old museum Center, the ski museum is open from Most recently, Plath worked with 10 a.m. to 5 p.rn. Tuesdays through 17clipse Television and Sports Mar- Sundays. I I Dece6`~~ery 1995 I • o • . ~ ~ ~ • o Volume 95-4 I MORTHVUEST COG E3tPLORES ~~art Gp~~~h Man REGBONqL ECOR1OMeC NAODELIbG PROJECT WtTH YHE everyone who attended STATE DE~NOGRAPHER'S OEFICE ~ ~g~s ~~Y the regional meeting in Vaii To Your MaiIboxi and the final meeting in As a result of the current revi- Glenwood. It is also being dis- sion of the region's forest service The Intermountain Region tributed to the chairman of plans, the state demographer is Smart Growth Action Plan is developing data which could lead each planning commission. now complete and in the mail. We have a limited number of to the development of an eco- The plan is a result of the ef- nomic decision making model. extra copies of the publication ~ The forest service is interested in forts begun in January 1995 but if you need more for your ~ i developing data that could be by the Intermountain Region council, board used to project the economic im- Smart or commission ~ pacts of forest service decisions Growth NEW NWCCOG BOARD MEMBER We'll do our and plans. Committee. ORIENTATI0ft9 JANUAFtV 25TH best"to-supply Northwest COG will spend It targets 7 NWCCOG Board members who are several hours at its January key areas newly appointed to the board are ' them until they ~ meeting in Frisco, reviewing and that were strongly encouraged to attend the Janu- ruri out. Call I San dy Blaha at exploring the data and determin- identified at ary board meeting. The end of the meet- I ing the implications for its use. ing is reserved as an orientation session 970-468-0295x the Vail re- for our new members. A member hand- 110. Please join us for that discussion. gional meet- o0000000000 For more information call Linda book will be distributed and NWCCOG at 970-468-0295x109. ing' program directors will be present to re- Venturoni describes view each program's services with you, a pR~~~~ ! MEDIATION AND DISPUTE the vision This is a valuable opportuniry to get to ' RESOLUTION for each of know the staff and the services you re- ' UPDATE ~ those areas ceive for your membership. The better Due to member- I and stePs to you know our services, the more likely ship interest in I At this year's retreat, we identified media- 6on as a service that may be valuable to take to ac- you will be to make the most effective seeing the Wa- ~ our membership, particularly in the area complish the use of them. We also depend on our ter Quality and ~ of intergovernmental disputes. In fact vision. board members to train their council or Quantity Com- ' I NWCCOG's articles of incorporation state The vision board on the value of our organization. mittee program i that media6on is a key function of our statements You'll need to be there to find out where ~QQ~ brought ; agency. We are in the process of ex lor- the council/board orienta6on materials back in-house to ; P and actions are in your handbook and to obtain the improve coordi- ing dispute resolution training and the ; evolved as knowledge you need to orient nation with the availability of a preferred rate for our a result of a your own board ~CCOG Wa- members for mediation services. ~eview of to our programs. We hope to see ter Quality Pro- ! Let us know what you think. Is this a . ~ all new members there! gram, a chan e' the region s g ~ service that you would utilize? What type - in the staffin of ~ comprehen- g of fee would be reasonable? If this serv- the program oc- ! ice is of interest to you, call Sandy Blaha sive plans and a search for cuned in November. The new ! at 970-468-0295 x110. Watch for further common ground on growth Program director position is ~ informa6on in upcoming issues of this issues. now comprised of a team of newsletter. The plan is being distributed to (QQ Update continued onpg. Z) ; To ~o three people, twio of whom have instream flows bills and any is- IVWCCOG members are urged.to con- been involved in the Q.Q pro- sues associated with HB 1041. sult with their community development gram in the past. The team con- We will be in contact vaith QQ staff to debermine whether there is a sists of Barbara Green, Lane members regarding any perti- need for this information and your in- Wyatt, and Monique Gilbert. nent legislative activity that re- terest in contributing to and participat- Barbara has served as the legal quires member input. QQ will ing in this study. Whether or not you inbend to contribute, please let us Imow counsel for QQ for over 10 years also be worlang with local if this research is valuable to your and has tremendous experience elected officials on regional wa- community. For more information call and history with the program. ter issues and would be inter- Sandy Blaha at 970-468-0295 x110 or Lane has worked vaith ested in any input from our Cindy Houben at 970-920-5090. NtTCCOG and QQ in various members about concerns they water related capacities since may have. Please feel free to 1988. Monique is new on board contact us at (970) 468-0295 x NEW ENERGV AND N99NERAL with QQ, but has several years 116 or 117. IMpACT GUIDELINES AND of experience worldng on water, wildlife, forestry, and recycling APPLBCAT90N FORN9S issues in Colorado. Pitcin County To Conduct Study AVAILi46LE The 1Vovember Quarterly On House Size Mitigation - Each local govemment should meeting was held in Vail. Steve ~uests Partners Norris from the Colorado De- ~ have received a copy of the new partment of 1Vatural Resources energy and mineral impact guide- was on hand to discuss the Resort communities' lines. If you have not received Smart Growth Initiative and what tYPical senrices your copy call 303-866-2771.. . such as roads, affordable housing and affect it would have on water employment are affected by the resi- The new application form re- quality and quantity issues. Pe- dential resort and second home mar- quires some additional informa- ter Evans from the Colorado ket 1he services required to support tlOn, inCluding: VfTater Conservation Board dis- atypically large residences in a com- o A requirement to cite how cussed instream flows and the muniry have not been fully researched the application is linked tb energy recent 5nowmass decision re- °r assessed. Tnese impacts must be and mineral im acts identified b garding instream flows. 1Vancy mitigated OR we need to set limitations P Y Mangone of the EPA spoke to f°r the impacts on a community. the appliCant. Pitidn County has begun research on The addition of a series of the QQ members about EPA this subject which has implications for questions about the extent of en- mining clean-up activity occur- all resort communities. Northwest ergy and mineral company sup= ring in Eagle County. In addi- COG's role is to invite and engage tion, discussions concerning HB other resort communi6es in this pro- Pott for and participation in. the 1041, the upcoming legislative 1ect We feel the results of the re- project, and about whether the session, and the 208 plan up- search will be useful throughout the companies are involved in the Io- dates were held. The next quar- region. Encouraging joint research on cal project review and prioritiza- terly meeting will be held on °Ommunity development concems is tion process. February 9, 1996 in Frisco. yiTe another way to stretch your planning o The addition of several dollar and share expertise throughout plan to have some interesting the region. It is anticipated that this re- Questions related to whether the speakers and informarion, so search could result in draft legislation project is consistent with loCal mark the date on your calendar or local amendment of land use regu- and regional plans and is being and plan to join us! lations. Please read on... coordinated with [energy/mineral] QQ continues to actively The study wrould develop data on aver- affeCted COmmunlties. work to protect water interests age number of trips per vehicle, num- In.addition, the suggested in the high country. Recent ac-ber of full time employees generated maximum rant has been re- tivity includes a Legislative by households of (x) square footage, 9 average length of use of the home by duced from $300,000 to Open House held on December owners, guests or renters. Analysis of $250,000. 4th in Denver to ldck off the the data may result in a determination The next round of grant appli- 1996 legislative session and of ar, appropriated level of miti9ation cations for this program are due give QQ members a chance to for traffic and employees and/or rec- discuss water and other issues ommendations for house sizes wrhich April 1, 1996. For further advice with legislators. QQ will be can be accommodated by the commu- or information call Sandy Blaha closely monitoring legislation nity without the need for additional im- or Cathy Shipley at 468-0295. introduced in 1996, with particu- Pact fees and when additionaJ impact lar focus on "taldngs" and fees, if any, should Idck in. oe o 2 0 • 1995 GOCO AWARDS IN REGI0N X98 Congratulations to this year's grant recipients! We at NWCCOG want to be sure that our region makes good use of GOCO dollars so we took a look at how our region fared compared to the statewide tlisbursement of funds. Region XII's score card is listed below. We compared the total for each category to the state grant awards for that category to come up with a percentage of grants received in our region. As a region we cover 9% of Colorado's total land mass. The results demonstrate that we aren't up to speed on collecting our share of funds in the category of open space, probably in part due to the high matching fund requirement In the rest of the categories we've taken a good share of the available funds, faring best in the local government facilities category. _Scott Hobson of Summit County has the following advice regarding open space grants: • 1995 grants seemed to focus on long range projects. We may need to get a volunteer from the west slope on the GOCO volunteer grant review team. Summit County has submitted the name of a volunteer grant reviewer which we hope will put the west slope on more familiar terms with GOCO. • Open Space grants focus on natural areas, more so than areas that are intended to be turned into parks. • Open space and trails must be integrated into your overall land use plans. As you revise your land use plans, be sure to incorporate trails and open space. GOCO looks for criteria oropen space plans that are tied into a community's long range planning process. - NWCCOG's advice is io continue to watchfor grant application deadlines noted in each issue of this newsletter, and call those that have had success for advice (see below) when preparing your next GOCO grant application. NWCCOG's community development departrnent is more than happy to assist our smallest communities with GOCO applications as time permits. OPEPd SPACE STATElNIDE * Summi4/NAcCullough Gulch - TBD * $3.7 MILLION PLAPdR11R1G GRAWTS STATEWIDE/REGION'S SUCCESS " * Jacksoo Coun4y/Lions Park- $9,000 ~ $1 MILLION - 5% * NlAICCOG/NVatershed Decision NNaking - $40,000 LOCAL GO!/ERNRflENT TRA,ILS STATENNIDE/REGION'S SUCCESS 0 Grand/Grand Lalte Snovvcaq -$20,300 0$9.9 MILLION - 4% - ° Pi4kin/Horse Ranch Rim Trail - $17,800 * Summi4/Oro Grande Trail - $9,900 LOCAL GO!lERRlA9ENT FACILITIES STATEIAIIDE/REGIOPd'S SUCCESS • Grand/Fraser Valley Outdoor Spor4s Complett - o$4 MILLION - 9.6%! $50,000 . • Jackson/Lions Park Acquisi4ion - $38,450 . ° PitkiNEagle Roctcy M4n Jeep Joueneys - $20,000 IJPCOM1NG GOCO GRANT • PitkiM(arrow Park Ameni4ies & S4ream Restoration - D~DLINES $30,000 • RouttlTrafalgar Park Building -$50,000 Capacity Building and Open • Routt/Carpen4er Ranch Educa4ion Cen4er -$50,000 Space due February 2,1996. • Routt/0ak Creek Ice RinEc Locker Room and Spec4ator For more information call Facility - $70,000 303-863-7522. • Summi4/Touan of Frisco Ball4ield Projec4 -$75,000 0 3 0 NORTI-WEST COLORADO -COUiVCIL OF GOVERNMENTS phone (970) 468-0295 ~ fax (970) 468-1208 ST~ ~~~xecetive Dor~ tors Sandy Blaha & Linda Venturoni Skyline Six AAA Linda Venturoni x109 staff Community Development Sandy Blaha x110 Office Manager Sheri Rochford x106 - Ed Del Duca x105 Receptionisf Mary Kantzer x100 Energy Managemenf Steve Getz x103 Energy Mgmt. Inspector Rob Castor x103 VVater Quality Robert Ray x104 Energy Mgmt: Installer Scott McCuaig x103 Elevator Inspection Billy Hulse x108 Fiscal Clerk IVorma Sundin x112 FscalOfficer Michael6(urth x113 ~~irgotoes QQ Admin. Asst Monique Gilbert x117 VVater Quality/Quantity Lane Wyatt x116 - fVorthwest Loan Fund June Walters x119 General Counsel Barbara Green [~~~ase Cercu9ate° Thank YouH rr'NNI do Counci of Governments 6u1h Rate 308 o 249 Warren Avenue US Postage Paid do 80498 Permit No. 17 Dilon. CO 80435 RECEIVED In This Is,we.... ° Mediation $ Dispute Resolution 13 Interrrmuntain Smart Growth Plan 13 Plew Board Member Orientation ~ ° QQ Program Update RHanager ~ TOV~rn Of Natl 75 S. Fronfiage Rci. 0 ~ Vail, CO 89657 ~ '