HomeMy WebLinkAbout1996-02-06 Support Documentation Town Council Evening Session
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; PROOF OF PUBLICATION
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; I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- ~r o~ nours m me,Pro~e~c ~an~eC'S
pted;,_t,the Town,of,Va~I Commundy DevetoPrr~~'
i per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a a nt,_7s:so~n ko~9e Roaa. rr- w~!ic
i general circulation therein; that said newspaper has been published continuously and uninterruptediy ~s ~o an~dpro ~~~a ~t9 T~ 1
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in said Coun ty of Eagle for a period of more than fifty-two consecutive weeks next prior to the first v~,nrty oe~+eiopmem pePamneot
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, In witness whereof I have hereunto set my hand this M day of
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; Subscribed and sworr to before me, a notary public in and for the County of Eagle, State of Colorado,
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VAIL 70WN COUNCIL
EVEN0NG MEETdNG
TIJESDAY, FEBRUAFiY 6, 1996
7:30 P,M. IN TO!! COl1NCIL CliAMBEFtS
AGENDA
1. CITIZEIV PARTICIPATIOIV.
2. Consent Agenda:
Approval of the Minutes for the meetings of January 2 and 16, 1996.
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3. Resolution IVo. 4, Series of 1996, a Resolution Extending the Present Term of the Design
Review Board.
4. Resolution No. 5, Series of 1996, a Resolution Agreeing to Indemnify Stewart Title for
• Attorneys Fees.
5. An appeal to the Town Council, pursuant to Section 18.62.070 of the Municipal Code, of
the Planning and Environmentaf Commission decision to deny the Koenig driveway grade
request, for a residence currently under construction on Lot 26, Potato Patch
Subdivision/795 Potato Patch Drive. 6. Town Manager's Report.
7. Adjournment.
NOTE IDPCOMING MEETING START TIAAES BELOW:
(ALL T1MES ARE APPROXIMATE AND SUBJECT TO CHANGE)
TfiE R1EXT VAIL TOWN COUNCIL ALL DAY COUNCIL RETREAl' lMILL. BE ON TUESDAY, 2113196, BEGINIVING AT 8:00 A.M. ,4T THE EVERGREEN LODGE.
THE IFOLLOWIRIG !lAIL TOWN COUNCIL REGUL,4R ViIORK SESS{Ofil
lAIILL BE ON l'UESDAV, 2/20/96, BEGINNING AT 2:00 P.M. IIV TO!! COUNCIL CHAIVIBERS.
7HE RIE?CT VA1L 70WR! COUNCIl. REGULp,R E1lEfVING MEETING
!AlILL BE ON TUESDP,Y, 2/20/96, BEGINNING AT 7:30 P.M. IR! TOV COUNCIL CHAM6ERS.
1111111
Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or
479-2356 TDD for information.
C:WGENDA.TC
!lASL TOWN COl9NCYL
EVENING MEETING
TUESDA?Y, J,4NUA?RY 16, 'i996
7:30 P.M. IN TO!/ COUNCIL CHAMBEliS
AGENDA
7:30 P.M. 1. CITIZEIV PARTICIPATIOIV.
7:35 P.M. 2. Consent Agenda:
. a A. Approval of the Minutes for the meetings of January 2 and 16, 1996.
7:40 P.M. 3. Resolution No. 4, Series of 1996, a Resolution Extending the Present Term
Tom Moorhead of the Design Review Board. ACTION REQUESTED OF COUNCIL: To pass Resolution No. 4, Series of
1996.
BACKGROUIVD RATIONALE: Two present members of the Board had their
terms expire and is necessary to reappoint them so that the meetings of
February 7 and 21, 1996 can be conducted with a quorum of the Design
Review Board members.
STAFF RECOMMENDATlOIV: To pass Resolution No. 4, Series of 1996.
7:45 P.M. 4. Resolution No. 5, Series of 1996, a Resolution Agreeing to Indemnify Stewart
Tom Moorhead Title for Attorneys Fees.
ACTION REQUESTED OF COUNCIL: Consider Resolution No. 5, Series of
1996 to authorize sharing of the attorneys fees and costs with Stewart Title
in the event a cause of action is brought by the "Common Sense for the
Commons" Petitioner's Committee challenging the authority of the Town of
Vail to enter into the agreement with City Market.
BACKGROUND RATIONALE: Pursuant to the agreement with City Market;
it is the obligation of the Town of Vail to provide title insurance. In the event
such title insurance was not available it is the obligation of the Town of Vail
to bring a declaratory judgment action to resolve any issues concerning the
Town's authority to enter into the previously executed agreement. Upon
review of the agreement and the authority of the Town to enter into the
same, Stewart Tit1e believes that the actions heretofore taken are
appropriate and consistent with Town of Vail ordinances, its Charter and Colorado law. It wiN require, however, an agreement that the Town of Vail
shares any cost of defending such a lawsuit. Such agreement is reasonable
and relieves the Town of Vail of the obligation to presently bring a
declaratory judgment action to remove any potential of a lawsuit being filed
by the "Common Sense for the Commons" Petitioner's Committee.
STAFF RECOMMENDATION: Pass Resolution No. 5, Series of 1996.
8:15 P.M. 5. An appeal to the Town Council, pursuant to Section 18.62.070 of the
George Ruther Municipal Code, of the Planning and Environmental Commission decision
Greg Hall to deny the Koenig driveway grade request, for a residence currently under
construction on Lot 26, Potato Patch Subdivision/795 Potato Patch.Drive.
Applicant's representative: Eric Johnson.
ACTION REQUESTED OF COUNCIL: Uphold/overturn/overturn with
modifications, the Planning and Environmental Commission's decision to
deny the Koenig driveway grade variance request.
BACKGROUND RATiONALE: On January 8, 1996, the applicant's
representative met with the Planning and Environmentaf Commission
requesti:,a a driveway grade variance for a residence under construction at
795 PotaT-n Patch Drive, in accordance with Chapter 18.62, Variances, of the
Municipa' ';ode (see attachment 1). Upon review of the requested variance,
a motion was made to deny the applicanYs request since the PEC could not
make the findings necessary to grant approval of a variance (see
attachment 2). The motion passed unanimously (4-0).
A letter from the applicanYs representative dated January 17, 1996,
appealing the PEC decision, has been attached (attachment 3). In the
applicant's letter, he refers to Section 17.28.030, Design Criteria, as being
the section of the Municipal Code from which he seeks relief. Specifically,
the applicant is seeking relief from the maximum grade for heated driveways
(12%). In this appeal, the applicant wishes to be permitted a heated
4 driveway with a finished grade of 14.1 A copy of the memorandum .
prepared by staff to the Planning and Environmental Commission on
January 8, 1996, has been attached for reference (see attachment 4).
STAFF RECOMMENDATION: The Community Development Department
staff recommends that the Tawn Council uphold the decision of the Planning
and Environmental Commission to deny the Koenig driveway grade variance
request.
9:15 P.M. 6. Town Manager's Report.
9:20 P.M. 7. Adjournment.
NOTE UPCOMING MEETING START TIMES BELOW:
(ALt TIMES ARE APPROXIMATE AND SUBJECT TO CHAMGE)
I I I I I I I
THE NEXT VAIL TOWN COUNCIL ALL DAY COUNCIL RETREA7
WILL BE OiV TUESDAY, 2113196, BEGINiVING AT 8:00 A.M. AT EVERGREEN LODGE. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 2/20/96, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VA1L TOWN COUPVCIL REGULAR EVENIfVG MEETING
WILL BE ON TUESDAY, 2120196, BEGIfVNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS.
Illllll
Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or
479-2356 TDD for information.
C 1AGENDA.TCE .
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VAdtdt'Ll V CES
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28o60o090 Conflictang provisgonso
Iin addition to the conditions which may be prescribed pursuant
to this chapter9 a conditional use shall also be subject to allother
procedunes9 permits9 arid requirements of ttiis and other applicable
ordinances and regulations of the tovn. In event of any conflict
between the provisions of a conditional use pennit and any other
peY'I%lflg OP %'eCiuflB'eIlle%lt, the rnore restrictive provision shall prevail. (OPd. 8(1973) § 18.900.)
Chaptea° fl8o62
VARYANCES
seclnonso
g8o62o0Il0 Purpose<
Il8o62<020 AppBacagnonmInSornzation requnrede
Il9o62o030 Feee
28o62e040 Hearnngo
18o62e050 P8annunk coroannssion acgaono
Il8a62o~~0 C¢°atea°e~ and fenciangse
ll8062 0090 Appeall go the ' town councefle
. 18.6,2.080 Permi¢ approva9 an~ efffecg>
18.62.090 ReQatecfl peranits and requarementso
18o62o0Il0 Purposeo A. In order to prevent or to lessen such practical difficulties and
umecessary physical hardships inconsistent with the objectives
of this title as vvould result frorn strict or literal interpretation
and enforcerrient, variances from certain regulations may be
granted. A practical difficulty or urvnecessary physical hardship
may result from the size, shape9 or dirnensions af a site or the
location of eacisting structures thereon; frozn topographic or
physical conditions on the site or in the immediate vicinity; or
from otaer physical lirnitations, street locations or traffic condi-
gfl0%1S fl%1 $ttC flI11I11eCIflate vflClllflty. COSt Or flI1C0I1veI1fleI1Ce t0 Y.he
479
(Vail 4-7-92)
ZONIlVG
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applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
B. Variances may be granted only with respect to the
development standards prescribed for each district,
including lot area and site dimensions, setbacks, distances
between buildinbs, height, density control, building bulk
control, site coverage, useable open space, landscaping and
site development, and parking and loading requirements; or
with respect to the provisions of Chapter 18.52, governing
physical development on a site.
C. The power to grant variances does not extend to the use
regulations prescribed for each district because the
flexibility necessary to avoid results inconsistent with the
P objectives of this title is provided by Chapter 18.60,
conditional use permits, and by Sections 18.66.100 through
18.66.160, amendments.
(Ord. 80973) § 19.100.) 18.62.020 Application-Information required.
Application for a variance shall be made upon a form
provided by the zoning administrator. The application shall be
supported by documents, maps, plans, and other material
containing the following information: A. Name and address of the owner and/or applicant and a
statement that the applicant, if not the owner, has the
permission of the owner to make application and act as
agent for the owner;
B. Legal description, street address, and other identifying data concerning the site ;
C. A statement of the precise nature of the variance requested,
the regulation involved, and, the practical difficulty or . unnecessary physical hardship inconsistent with the
- objectives of this title that would result from strict or literal
interpretation and enforcement of the specified regulation;
D. A site plan showing all existing and proposed features on
the site, and on adjoining sites if necessary, pertinent to the
variance requested, including site boundaries, required
setbacks, building locations and heights, topography and
physical features, and similar data;
480
(Vail 4-7-92)
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E. Such additional material as the zoning adrninistrator may
prescribe or the applicant may Submit pe1'tineni t0 the
application and to the findings prerequisite to the issuance of a
variance as prescribed iri Section 18.62.060;
F. A list of the owner or owners of record of the properties
adjacent to the subject property which is subject of the hearing.
Provided however, notification of owners vvithin a
condorninium project shall be satisfied by notifying the
managing agent, or the registered agent of the condorriinium. ° project, or any tnernber of the board of directvrs of a
condorniniurgi association. The list of ovvriers, rnanaging agent9
Pegistered agent or meznbers of the board of directors, as
appropriate9 shall include the naines of the individuals, their
mailing addresses9 and the geraeral description of the property
owned or rnariaged by each. Accornpariying the list shall be
stainped, addressed envelopes to each individual or agent to be
notified to be used for the mailing of the notice of hearing. it
will be the applicant's responsibility to provide this information
and stamped, addressed envelopes. IVotice to the adjacent
property ovners shall be mailed first class postage prepaid.
(Ord. 49(1991) § 2: Ord. 50(1978) § 15(part): Ord. 30(1978) §
2: Ord. 8(1973) § 19.200.)
180620~~0 Feeo
"%°he gowm council shall set a variarice fee schedule sufficient to cover the cost of town staff time and other expenses incidental eo
the reviedv of ihe application. 1'he fee shall be paid at the tigne of
application, and shall not be refundable. (Ord. 8(1973) § 19.300.)
18o62o~~~ ~~arengo
Upon receipt of a variance application, the planning
cornmission shall set a date for hearing in accordance with Section .
18.66.070. Notice shall be given, and the hearing shall be
conducted in accordarice vvith Sections 18.66.080 and 18.66.090.
(Ord. 8(1973) § 19.400.)
481
(Vail 4•7-92)
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18.62.050 Planning comanission action.
Within twenty days of the closing of a public hearing on avariance application, the planning cummission shall act on tlie
application. The commission may approve the application as
submitted or may approve t}ie application subject to such
modifications or 'conditions as it deems necessary to accomplish
the purposes of this title, or the commission may deny the ,
application. A variance may be revocable, may be granted for a
limited time period, or may be granted subject to such other
conditions as the commission may prescribe. (Ord. 8(1973) §
19.500.)
. , 18.62.060 Criteria and findings.
A. Before acting on a variance application, the planning
commission shall consider the following factors with respect
to the requested varianceo l. The relationship of the requested variance to other
existing or potential uses and structures in the vicinity;
2. The degree to which relief from the strict or literal
interpretatiort and enforcement of a specified regulation
is necessary to achieve compatability and uniformity of
treatment among sites in the vi-cinity, or to attain the
objectives of this title without grant of special privilege;
3. The effect of the requested variance on light aiid air,
distribution of population, transportation and traffic
facilities, public facilities and utilities, and public safety;
4. Such other factors and criteria as the commission deems
' applicable to the propased variance.
B. The planning commission shall make the following findings
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 of the variance will not be detrimental
to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity;
,
482 .
(Vail 4-7-92)
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• VAdtd!'11 tl CES
3. That the variance is warranted for one or more of the
following reasons:
a. The strict or literal interpretation and enforcement
of the specified regulation vvould result in practical
difficulty or unnecessary physical hardship incon-
sistent with the objectives of this title,
b. °g'here are exceptional or extraordinary circumstances
or condfltions applicable to the site of the variance that
do not apply generally to other properties in the same
. . zone.
c.. The strict or literal interpretation and enforcernent
of the specifed regulation would deprive the appli-
cant of privileges enjo}red by the owners of other
properties in the sarne district.
(Ord. 8(1973) § 19.600.) '
18.62.010 Appeal $o the toaarfl couracil.
A. An appeal to the town council may be made by the appli-
cant, adjacent property owner, or by the town manager.
T'he town council can also call up matters by a majority
vote of those council members present.
B. For all appeals, the appeal must be filed in writing within
ten days folloNVing the decision or musf be called up by the
town council aY their next regularly scheduled rneeting.
, C. The -council shall hear the appeal vvithin thirty days of its being filed or called up, vvith a possible thirty-day exten-
sion if the council finds that there is insufficient informa-
tion.
(Ord. 37(1980) § 11 (part).)
Il8o62o080 Permag appa°oval and effecte
Approval of the variarice shall lapse and become void if a
building perrnit is not obtained and consttuction not commenced
and diligenily pursued tovvard corripletion within tvva years from
when the approval becomes final. (Ord. 48 (1991j § 2: Ord. 16
(1979) § 5(0.)
483
(Vail 4-7-92)
O O
. eric ` a r c i t e c t ~ +January 17, 1996
JAN 17
Town of Vail, Town Council
11 S. Frontage Road West
Vai1, CO 81657 T0V-COM~fl. DEV_ DEPT.
ivt
RE: Koenig Residence
Primary/Secondary Residence Improvements
795 Potato Patch Drive
Vail, CO 81657
VARIANCE STP,TEMENT
This variance is written in order to prevent hardship and increase
. practicability for an existing non-conforming condition. A request
to deviate from a strict interpretation of Section 18.58.020 and
Section 17.28.330 involving the items listed below was denied by
the PEC on 1/8/96 is hereby submitted for appeal. The difficulty
lies in a minor construction defect found in the driveway
installation due to a topographic survey error and a request by the
Town Engineer to install an extensive steel guardrail in the
Public-Right-of-Way.
The original heated concrete driveway was designed for a maximum
12$ slope as allowed, reviewed and approved by Public Works on
4/6/95. Upon on-site verification on 11/14/95 by the above
representatives it was determined that on the centerline of
driveway, a short (20') section at the bottom exceeded 120. This
could be attributed to a minor construction defect; however,
following a request by the PEC Worksession for,as-built surveys,
the original topo showed errors of 8". The 12/28/95 topo and
follow-up letter by White Survey clarify this fact. This eliminated
any room for error and this hardship has.resulted in a request to
appeal the variance denial. As seen in the enclosed letter of approval by the Fire Marshall,
this area of concern has been mitigated by an extensive fire alarm
system and state-of-the-art driveway snowmelt controls.
The costs associated with completely resolving this matter involve
the cutting, demolition and complet°e removal of the seamless
hydronic tubing and reinforced concrete and the re-installation of
- the same for approximately $70,000. A smaller scale concrete
capping of the related area would be approximately $1,500-$3,000
but the quality, longevity and upkeep of this solution is highly
questionable. This opinion has been acknowledged by Public Works:
The issue of the steel guardrail along Potato Patch Drive is a last
minute condition attached to the PEC approval of the retaining wall
variance by the Public Works Department to safeguard.a condition
that was existent before the project began. As seen in the 7/25/94
topo survey there was no shoulder along Potato Patch Drive before
construction began nor was any shoulder proposed in the 4/6/95
approved drawings. 1000 lionsridge loop o suite 3d o vail colorado 81657 0(970) 476-9228 o fax (970) 476-9023
The Contractor has made every effort to restore a 2' gravel
shoulder with at least 5' of 1:2 slope but this is now impossible
to achieve (in a small area) with the driveway and retaining walls
in place. The area requested to be mitigated by the Town Engineer
(adjacent to the shoulder) is also occupied by a 1 1/4 " PVC gas
line @ 30" below grade that may be impacted during construction and
, certainly effected for future repairs.
We feel Public Works created a hardship condition in 8/89 when,
according to Gary Hall of PSCo, Director Stan Berryman ordered a
second gas line be placed on the south side of Potato Patch Drive
to eliminated future asphalt utility cuts. PSCo requires
maintenance of the line be performed between the asphalt and any
improvement. Therefore, allowance for future guardrails, such as
is presently requested, was not made and herein lies the hardship.
This also brings up the issue of future maintenance, liability and
shared costs. Initial construction estimates suggest $3500- $4000
installed without having to move the gas line. Should this be
absorbed by the property owner or is there a possibility of shared
costs? Should the railing need maintenance or is damaged, who
should absorb these costs? The barrier also creates a hazard by
limiting sight lines for traffic and casting shadows that create
ice slicks. Who is liable in these instances? While there is the
issue of additional damages created by improvement of the property
there is also the safeguard of homeowners insurance that covers
such matters. _
While we agree to the request for matters of safety our own civil
engineer has reached a similar and less obtrusive solution. We
respectfully request these methods be considered in interest of
cost, the likelihood of damage to an underground gas line, reduced
hazards and appearance.
We feel these matters and the consequences to the home owners shall
have no effect on the light, views and safety of the public. Herein
lies the summation of the variance request along with the survey
dated 12/28/95 and letters for_the above stated Primary/ Secondary
residence. The above items have been presented and discussed with
the Planning.Staff, Public Works and the Planning and Zoning
Commission in previous conferences and this statement is our
understanding of the matters involved. We appreciate any other
points of clarification and'should be brought to our attention in
writing.
Res ectf lly ubmitted,
e
Eric Jo 0
ERIC JOHNS ARCHITECT, P.C.
Enclosures: Fire Dept (Mike Magee), White Survey (Daryl White),
PSCo (Gary Hall), Civil Engineering.(Jerry Law), Petition (Adj.
Neighbors), Beehive Const. (Ray Kutash), Longs Excav (Daryl Long).
Casson Concrete Construction (Jimbo Casson).
`
MENAORAIdDUM
TO: Planning and Environmental Commission
FROM: Communiry Development Department
DATE: January 8, 1996
SUBJECT: A request for a wall height variance and driveway grade variance for the
Koenig residence located at 795 Potato Patch Drive/Lot 26, Vail Potato
Patch Subdivision.
Applicant: Eric Johnson for Gary Koenig
Planner: George Ruther . ~ 0. DESCFtlPT90N OF THE REQa.iEST
The applicant, Eric Johnson, representing the property owrner, is requesting a wrall height
variance and a driveway grade variance for a new Primary/Secondary residence under
construction on Lot 26, Block 1, Vail Potato Patch Subdivision. A Building Permit for the
• Primary/Secondary residence was issued on April 21, 1995, and construction on the project has
proceeded since that date.
On October 17, 1995, the applicant submitted an Improvement Location Certificate (ILC) for staff
review and approval. Staff requires a review and approval of an ILC to insure that the
'improvements under construction comply with the relevant development standards. When staff
reviewed the ILC for Lot 26, it was determined that the retaining walls on the south side of the
driveway, and those on the north side of the driveway, in the front setback exceeded the 3-foot
height limitation pursuant to Section 18.58.020 of the Municipal Code. The heated driveway was
also be over the 12% grade maximum. Sec4ion 18.58.020 of fhe Municipal Code permits retaining walls up to 3 fieet in height in the
. front setback, and Section 17.28.030 allows drivevvay grades up to 12% ifi heafed anc9_
approved by the Town Engineer. Since the applicant is proposing. retaining vvalls up to 6
feet in height in the front setback, and a heated driveway.with a finish grade of 14.1%, a
variance approval from Yhe Planning and Environrnental Commission is required.
19. BACKCaFiOUND
According to the applicant, the need for the wall height variance and driveway grade variance
requests are the result of minor construction defects. o On April 6, 1995, the Town of Vail Public Works Department reviewed and approved the
proposed heated drivevuay grade at 12%. The Public Works DepartmenYs review and
approvat was based upon a site plan and topographic survey submitted to the Town of
Vail. Additionally, the Fire Department approved the 12% driveway grade once the
applicant revised the site plan to allow for a wider driveway access onto the property.
. 1 .
E"
• On November 14, 1995, an inspection of the finished driveway grade was completed by
the Town Engineers.. The inspection concluded that the finish driveway grade exceeded
the allowed maximum grade of 12% pursuant to Section 17.28.030 of the Municipal Code.
The finished driveway grade was determined to be up to 14.1 % over a 20 foot long
section of the driveway.
• On December 11, 1995, a worksession was held with the Town of Vail Planning and
Environmental Commission to discuss the proposed variances (See Attachment 1). At
that meeting, the applicant presented a proposal to construct another three-foot tall
boulder retaining wall along Potato Patch Drive. The purpose of the additional retaining
wall was to facilitate the reconstruction of a.two-foot wide gravel shoulder along the
.street. Upon detailed review of the site, it has been determined by the contractor's
Consulting Engineer and the Town of Vail Public Works Department, that the pre-existing
gravel shoulder cannot be restored and still maintain a safe slope adjacent to the street. -
, Therefore, Public Works is now requiring that the contractor install 36 linear feet of steel
. guardrail, including flared-end sections, along Potato Patch Drive, should the wall height
variance request be approved by the Planning and Environmental Commission. The
purpose of the guardrail is to protect the general public and the property owner from
vehicles sliding off of Potato Patch and down into the driveway and house (See
Attachment 2 The driveway grade variance was also discussed at the Planning and Environmental
Commission worksession. The driveway as currently constructed, exceeds the 12%
maximum allowed by the Municipal Code. The applicant has requested a variance to
allow the existing driveway to remain as constructed. According to the "as-builY" survey
submitted by the applicant, the driveway exceeds the 12% maximum over a 20' section of
the driveway. The maximum grade on the existing driveway is 14.1 According to the '
applicant, the excess driveway grade is due to minor defects in the construction _pr.ocess.
It has been suggested by the Planning and Environmental Commission that the applicant
research the possibility of "capping" the driveway to resolve the grade issue. The
applicant has met with a ConsulYing Engineer to discuss the possibility of "capping" the
driveway. The applicant has indicated that according to the Consulting Engineer, the long
term longevity of the "capping" process, including the use of special concrete additives
, and epoxy, is questionable. The concern of the Consulting Engineer revolves around the '
extremely thin layer of concrete that will be added to the driveway. The applicant is
continuing to research the "capping" process.
At the December 11th worksession, staff had identified several issues which we wanted
to discuss further with the Planning and Environmental Commission and the applicant.
These issues included the redesign of tiie retaining wall along the south side of the
driveway, and the need to redesign and regrade the landscaping in response to the
change to the retaining wall system. The applicant has submitted a set of plan revisions
illustrating the redesign of the retaining walls on the south side of the driveway, as well as
a new landscape and grading plan (See Attachment 3). The applicant has indicated that
the. retaining wall south of the driveway will be modified by adding one more planting zone
at the southernmost aspen to raise the grade of the top of the wall, thus shortening one of
the areas where the wall is now just over four feet. The applicant has indicated a desire
to leave the top course of stones along the driveway to act as a deterrent to vehicles
sliding off of the driveway, and to prevent the erosion of the driveway subsurface.
2
Additionally, the applicant is proposing to amend the landscape plan by adding three
additional Colorado Blue Spruce, twelve five-gallon Red Twig Dogwoods, and eight Blue
Rug Junipers to the previously approved landscape plan. The additional landscaping is
intended to mitigate the visual impact of the proposed six foot tall retaining walls.
@96. CRITEFiBA AND F8ND9NGS
Compliance with qhe Toweo 04 Vail Zoning Code.
A. Pursuant to Section 18.62.060 (Criteria and Findings), before acting on a variance
application the Planning and Environmental Commission shall consider the
requested variance with respect to the variance Criteria and Findings. Upon
review of the Criteria and Findings, staff recommends denial of the applicant's
request for a wall height variance and driveuvay grade variance.
1. The re9a4ionship ofi the requestetl variance to other exis4ing or
poten4Bas uses andl s4ructures an 4he vicinBty;
The relationship of the requested variances to other existing or potential
uses and structures in the vicinity of the Koenig Residence will have
minimal, if any, negative impacts on existing or potential uses and
structures. The retaining walls are located on the downhill side of Potato
Patch Drive. The walls will not be visible from any other location than the
applicanYs property and the adjoining lots to the east and west. To
mitigate the visual impact of the retaining walls, the applicant has
proposed to add more landscaping on the property. The additional
landscaping wrill be placed to take maximum benefit of its' screening
ability.
Similiar to the wall height variance, the driveway grade variance will have ,
, minimal, if any, negative impacts on existing or potential uses and
structures in the vicinity. The request to exceed the maximum grade
allowable by 2.1% will only affect the users of the driveway. The proposed
driveway will remain heated to help ensure all-weather access. Staff
would like to point out however that since the adoption of the 12%
driveway grade standard in 1991, no driveway grade variances have ever been granted.
The approval or denial of the requested variance does not create
_ precedence for future driveway grade variance requests.
2• ~~e degree $o which relief from the strict and literal interpretation and
enforcernent of a specified regulation is necessary Bo achieve
compatability and uniforrnity of treatmerot among sites in the vicinity or go attain qhe objeCtives ofi 4his title wifhouf grant of SpeCial
prieBlege;
The applicant has requested the minimum relief necessary from the strict
and literal interpretation and enforcement of the driveway grade and wall
height regulations to achieve compatibility with the objectives of the
, 3
r -
Municipal Code. The applicant has agreed and proposed to add and
delete boulders in the retaining walls where possible to reduce the finished
wall's height. According to the Consulting Engineer, the retaining walls
constructed to the north of the driveway are the minimum necessary to
support the earth behind. In some locations, the Engineer has indicated
. that it may be desirable to increase the wall heights, however, this is not
necessary. The applicant has submitted a set of Engineer's stamped
plans to the Town of Vail as requested by the P4anning and Environmental
Commission. A letter from the Consulting Engineer has been attached
(See Attachrnent 4)
The applicant has neither proposed to increase, nor reduce the existing
driveway grade. Instead, the applicant has requested that the driveway
grade be permitted to remain at the grade constructed. At the present
time, onty 20 feet of the total driveway length exceeds the 12% maximum
. grade. Staff believes that ihe applicant is asking for the minimum amount of relief
from the code necessary to achieve the desired objective. Staff, however,
is concerned that granting the requested variances may result in the
granting of special privilege. As discussed at the worksession meeting,
the applicant had originally submitted, and the Town approved, a Building
Permit set of drawings that illustrated the ability to construct the residence
with a maximum 12 % driveway grade and three foot tall retaining walls in
the front setback. If the applicant had come to the Planning and
Environmental Commission requesting a wall height and driveway grade
variance prior to the start of construction on the residence; it is quite likely
that the variance would not have been approved because it appears no
physical hardship or practical difficulty existed on the property. It would
appear now that a practical difficulty exists. The issue, however, is that
the practical difficulty of removing and reconstructing the retaining walls
and driveway was self-imposed by the applicant and the contractor and
their representatives..
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;
Staff believes the wall height and driveway grade variances will have
minimal, if any, negative impacts on the above described criteria. Staff
would like to point out that from a public safety standpoint, the Town of
Vail Fire Department has granted their approval to the driveway grade
variance request ( See Attachment 5).
4. Such other factors and criteria as the Comenission deems applicable
to the proposed variance.
Staff has not identified any other factors or criteria applicable to the
proposed variances.
• 4
~
B. The Planning Commission shall make the following findings before granting a
variance:
1. That the granting of the variance wrill not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same district;
2. That.the granting of the variance will not be detrirnental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity;
3. That the variance is vuarranted 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 exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
vuould deprive the applicant of privileges enjoyed by the owners of
. other properties in the same district. W. STAFF FiECOflflIViENDATI0N
The Community Development Department staff recommends denial of the wall height and
driveway grade variances. Upon review of the Criteria and Findings listed in Section III of this
memorandum, staff feels the applicant has failed to meet the findings necessary to recommend
approval. Staff agrees that the requested variances will not be detrimental to the public health,
safety or welfare, or materially injurious, to properties or improvements in the vicinity of the
Koenig Residence. Staff is concerned, however, that the applicant has not addressed finding B1
. since the granting of the requested variances may constitute a grant of special privilege
inconsistentwith the limitations on other properties classified in the same district.
Should the Planning and Environmental Commission choose to grant an approval of the wall
height and driveway grade variances, staff would recommend that the approval carry with it the
following condition:
1) That 36 lineal feet of steel guardrail and required flared-end sections be installed along
Potato Patch Drive in a location approved by the Town of Vail Public Works Department.
5
c
t
PLANNING & ENVIRONMENTAL COMMISSION
December 11, 1995
draft minutes
6. A request for a worksession for a wall height variance,and driveway grade for the Koenig
residence located at 795 Potato Patch Drive/Lot 26, Vail Potato Patch Subdivision.
Applicant: Eric Johnson for Gary Koenig
Planner: George Ruther George gave an overview of the worksession to discuss the wall height variance and the
driveway grade. Two walls are now over the 3' height limitation. Public Works would like to have
a 2' wide shoulder along Potato Patch. Staff would like the contractor.to explain where the
discreRancy happened between the approved set of plans and what got constructed. Public _
: a Works said the driveway is over 12%. Mike McGee (Fire Department) indicated that the building
may need to be sprinklered in order for the grade to be approved. The driveway is heated, but
there is no requirement from the Town to turn on the heat and also no enforcement. The current
owners have provided a discfaimer releasing the Town from any liability.
Ray Coutash, owner of Beehive Construction and contractor for the Koenig residence stated the
intent was to try to preserve the native plantings. Upon excavation he moved the existing
aspens. If wasn't for the rock wall those trees would have had to be cut. They tried to removeas little as possible. They only brought in one truckload of rock because, they were able to use
existing stone which explains the difference in the rock size. The slope of the roadfill was over
40%. The change in elevation from the highpoint to the driveway was not supplied in the original
survey. There is almost 13' in elevation change. Eric Johnson, the architect, gave a 23% guideline. The staging area that the Fire Department
wanted was an additional 4'. There is only one area in front of the east garage doors where they
raised the wall. Durability and strength were the,reasons the wall needed to go to that height.
They didn't make a cut along the road due to the presence of utilities and mature trees and felt that that was the primary reason for the decision. On the south side the intent was to preserve
the aspen trees. If they used a three foot stepping process they would have ended up with five
walls. The rocks along the roadway created the higher wall. He discussed these changes with
the neighbors and decided to mitigate with landscaping to make the wall appear less high. The . neighbors were ok with the look and liked the rock walls.
Terri Martinez thought a guard rail should be put in. Ray Coutash said that would have created
more problems. Their engineer is writing a letter to keep the earth the way it is and not put any
more rock walls there. Ray raised the north side 9" to bring the driveway up, and came up 34" short of 12% grade. Thursday evening he had a 12% grade. Because he never got a response
from Terri Martinez the inspection never came together. He had difficulty with the pour and
called for two inspections. Inspections to check rough grades never materialized. He made the
decision to go ahead with the driveway. It was a great surprise when it didn't make grade.
Portions of the center of the driveway do make grade and he feels that should be the criteria.
George Ruther introduced Terri Martinez as the project engineer. .
Henry Pratt doesn't see the driveway grade as a big deal. He is for add'+ng a second wall along
the street. He encouraged the applicant to do double or triple walls without impacting trees.
ATTACHMEN'P # 1
Dalton VV9iliams said the wall height is to keep the neighborhood from looking like a bunch of
walls. Dalton is not concerned about the wall except for safety reasons. He thinks a guardrail
wrould make it safer. The Town goes bonkers over driveways. The Town gave an extra 2%
grade allowrance just so we would never have to grant another variance. You can't add 3"-4" of
concrete without sloughing off.
Ray Coutash said he is low in the driveway relative to the slope of the driveway.
George Ruther said the bottom needs to come up to lesson the grade at the top.
,
Dalton VVilliams said he is not in favor of granting a yariance for the driveway.
Jeff Bowen said whatever needs to be done to get the driveway to the correct grade needs to be
done. He is concerned with the fieating being so deep into the concrete. He would like to have
an Engineer design the rock retaining walts and will not approve_the request unless that is done.
Greg Amsden agrees with Henry Pratt to go with the existing walls to save the landscaping. As
for the driveway, he agrees with Dalton. When the extra 2% grade was ailouved, it was •
supposed to give leeway. Greg has a tendency to be lenient with it.
Kevin Deighan would like to see some type of solution between staff and the applicant. He has
no problem with the retaining walls. He would like to see an Engineer's certificate saying the
retaining walls will hold.
Greg Moffet said the retaining wall problem is the result of procedure. There is a somewhat
contradictory Zoning Code. Greg's concern is hearing about it after the fact and not before it was
put it. He agrees with Henry to terrace as much as possibie to save trees. He +s also sensitive
to the safety +ssues with the driveway. He agrees with the guardrail or rock wall on the south
side. He would like to see an attempt made to get the driveway within code.
Jeff Bowen stated that one of the problems that exist on Potato Patch, and Garmisch as well, are
that rock walls present a terrible safety issue. High retaining walls present a safety threat for
children falling off. He wants an engineer to say the retaining walls will last a long time and at a
height that a car or child will not fall off. He will let the driveway issue go.
Dalton Williams said he will be ok with an Engineer's letter approving the retaining walis. Greg Moffet stated this is a worksession. .
Ray Coutash assured Jeff that the heat in the driveway does work very satisfactorily. It has
melted a 3' snowdrift.
George Ruther asked the PEC for direction.
Terry Martinez stated that we do need a 2' shoulder and slope. A 2' rock wall woufd launch
vehicles. Recovery on a 2' shoulder could happen, but there is no guarantee. Steep grades on
driveways encourage people to park on the roads, rather than in the driveway, which presents a
problem for snowplows.
George Ruther began the summarization of the direction. '
Jeff Bowen said it is critical it be certified by an Engineer.
(
Dalton Williams said the driveway needs to be redone.
Greg Amsden asked what the Town's position was on replacing previous driveways.
Dalton Williams assumed that if we required a heated driveway, we should require it to be turned
on.
George Ruther said it is impossible to police whether heated driveways are turned on.
DaVton Williams said a condition should be that the heated driveway be operational at all times.
George Ruther had preliminary conversations with the Fire Department. They feel the house.
needs to be retrosprinklered.
Henry Pratt said one of the conditions of approval should be that the Fire Department may not be
able to access the house. '
F Eric Johnson (architect) said the owners have signed a waiver absolving the Town from any
liability. Greg Moffet said he doesn't like waivers, just indemnifications.
Eric Johnson said the owner would take on the full responsibility and mitigate whatever the Town
wants. Snow plowing generates a huge amount of snow. A guardrail inhibits snowplowing.
Henry Pratt mentioned that a snowblower can throw snow over any guard rails.
~
MEMORANDUM
TO: Planning and Environmental Commission .
FROM: Public Works Department
DATE: January 2, 1996
SUBJECT:. Konig driveway/ wall height variance
Il. The architect is requesting a variance for a driveway grade which exceeds the maximum grade ~
allowed by 2.1 as well as a wall height variance for walls exceeding the maximum height of
. 3'by 2' 21%
d~.
111. Upon review of Section 17.28.330 of the Vail Municipal Code, the Public Works Department
recommends denial of the requested variance based on the following factors:
A. No variances for driveway grade have been granted since 1991 when the Town began to
enforce the ordinance. All driveways that have been built since then have been in
conformance with the Town standard.
B. The Town Engineer will allow the contractor to exceed the maximum allowable grade of
12% to account for inadequate surveys, etc. The contractor can exceed the maximum grade
by 10%, or go to an absolute maximum of 13.2%, before we would ask the contractor to
submit a request for a variance. In this case, the grade exceeds the absolutc maximum
allowable at 14.1%: To allow the contractor to use a driveway at 14.1% would definitely
. be a grant of.special privilege.
C. Allowing the driveway to remain at 14. l% will potentially cause access problems for the
current owner as well as any future owners. Potential problems inciude bottoming out or
scraping if they drive larger vehicles on the drive, as well as problems with emergency or
delivery vehiclc aceess, particularilly if the owner chooses not to tum on the heating '
system.
D. The wall height variance as proposed is acceptable, but the contractor will be required to
install 36 linear feet of guardrail, including flared end sections on both ends. The guardrail
should be installed to protect the general public from sliding off of Potato Patch Drive,
down into the Kong driveway/home. The contractor was unable to restore the preexisting
shoulder on Potato Patch Drive and still meet safe slope requirements for this section of the
property frontage. -
A1TACHME1dT #2
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,
Jegxy C. baw. P.E.
335 Dvnegan Road
G1enwood Springs, CCi. 81601
December 28, 1995
George Ruther, Town Planner
To~rn of vail
Department of Conenunity Development
75 South Frontage Road
Vail, CO 81657
RE: The i{oenig Fcesidence niall Height Jarbance
Dear Mr. Ruther:
l,ave prepabec t:e foilowing suraary pa,racraphs out o- respec;, for your limited
time to study the many different variance cases which grou geview. I resoectfullv
request that the wall height variance be allowed based on the positive aspects of
the existing walis versus the unsafe and sparsely'landscaped 3' walls shown in
Exhibits C-1,C-2,C-3,C-4. ThM GOOD
The existing walls (see Exhibits B-I,B-2,B-3,B-4) were built using sound construc-
tion principles with well compacted soil held in place with Mirafi fabric covered
wit2-, tightly interiocking 2ouidegse Z'he wails wbll provide a stable service life
long after the landscaping has mati:re3 a.nd established extensive root system.S.
~ BAD
It is physically btnpossible to constzuct a 2' zoad shoulder, a 5' slope at 2:1,
then step the rock walls 3' vegtically withbn thtspace allowed at the Koenig
residence. "
THE UGLY
See Exh.ibits C-1,C-2,C-3,C-4. The series of 3' walls would be mostly roCk exposed
with very l.ittie landscaping in between and only a 2' shoulder with no 5' slope
at 2:1 (unsa£e)o
Respectfully submitted,
~ ~p,DO REC
PI° M'E"'° ~ e~
Jerry C. Law, F.E. ,
25044
• .
~
lONAL
A1 rrAcHKMT 04
l 'i.t.
• 1 y-
?
7'OW~V OF YAIL
42 West Meadozv Drive Vai! Firt Departmeni
Vnil, Coloredo 916S7
303-479-2250 3anuary 4, 1996 ,
George Ruther
Town of Vai! Department of Communiry Development
75 South Frontage Road
Vail, Colorado 81657
~ Re: Koenig Request for Variance on Wali Height and Driveway Grade
Dear George;
The Vsil Fire Department c.oPnpleted another plan review and conducted a site visit
this morning at 795 Potato Patch.
Based on the observations we made during the site visit and having again
reevaluated the pians and conditions as they exist, we do not object to the granting of the
variance provided the structure is pmvideci with an approved and monitored fire alarm
system.
Pl.ase advise us as to the PEC's decision.
~
Siacerely,
Michael McGee
. F've Marshal
ATTACffiU'P 15
TOTAL P.01
a
COPY
George Ruther gave an overview and said the Steinbergs were appealing the staff's
interpretation of the Zoning Analysis. The Steinbergs were not present and were appealing that
a third dwelling unit on the property was the concern they had, since only two dwelling units were
allowed. Staff was recommending upholding the staffs zoning'analysis.
Rick Rosen, representing Sam Cook, said Touvn Council should not have sent it back to the PEC.
The addition is a wet bar sink and lemon refrigerator. Section 18.04.190 states the definition of a
kitchen does not apply to this addition. It is simply a bedroom with a sink. The code is real clear
and we shmuld not be here. He didn't appreciate the Steinbergs writing a letter and not having
any representation at the meeting.
George Ruther said Tom Moorhead could not be here. Tom was looking for an agreement from
the property owner to get on the record that the intent is not to be used as a third dwelling unit.
Sam Cook, the owner of the house, has 4 children who each have 2 children. It is simply an
extra bedroom. He regrets the problem with the neighbor.
Lynn Fritzlen, Mr. Cooks architect, wanted to assure staff that they have gone to elaborate
lengths to stay within the constraints of the Zoning Code, even though the house was built in '64.
There were no problems by anyone on the Board.
Jeff Bowen made a motion to uphold the staff's Zoning Analysis and that it be approved in a
manner where the PEC agrees with the review.
Kevin Deighan seconded the motion.
The motion passed unanimously by a vote of 6-0. .
6. A request for a worksession for a wall height variance and driveway grade for the Koenig
residence located at 795 Potato Patch Drive/Lot 26, Vail Potato Patch Subdivision.
Applicant: Eric Johnson fo , W-W
Plarmer: ° =
~e- `ttt" -
George gave an overview of the worksession to discuss the wall height variance and the
driveway grade. Two walls are now over the 3' height limitation. Public Works would like to have
a 2' wide shoulder along Potato Patch. Staff would like the contractor to explain where the
discrepancy happened between the approved set of plans and what got constructed. Public
Works said the driveway is over 12%. Mike fi/icGee (Fire Department) indicated that the building
may need to be sprinklered in order for the grade to be approved. The driveway is heated, but
there is no requirement frorn the Town to turn on the heat and also no enforcement. The current
owners have provided a disclaimer releasing the Town from any liability.
Planning and Environmental Commission
Minutes
December 11, 1995 7
r
. ~
~
Ray Coutash, owner of Beehive Construction and contractor for the Koenig residence stated the
intent was to try to preserve the native plantings. Upon excavation he moved the existing
aspens. If wasn't for the rock wall those trees would have had to be cut. They tried to remove
as little as possible. They only brought in one truckload of rock because they were able to use
existing stone which explains the difference in the rock size. The slope of the roadfill was over
40%. The change in elevation from the highpoint to the driveway was not supplied in the original
survey. There is almost 13' in elevation change.
Eric Johnson, the architect, gave a 23% guideline. The staging area that the Fire Department
wanted was an additional 4'. There is only one area in front of the east garage doors where they
raised the wall. Durability and strength were the reasons the wall needed to go to that height.
They didn't make a cut along the road due to the presence of utilities and mature trees and felt
that that was the primary reason for the decision. On the south side the intent was to preserve
the aspen trees. If they used a three foot stepping process they would have ended up with five
walls. The rocks along the roadway created the higher wall. He discussed these changes with
the neighbors and decided to mitigate with landscaping to make the wall_ appear less high. The
' neighbors were ok with the look and liked the rock walls.
Terri Martinez thought a guard rail should be put in. Ray Coutash said that would have created more problems. Their engineer is writing a letter to keep the earth the way it is and not put any
more rock walls there. Ray raised the north side 9" to bring the driveway up, and came up 3-4" .
short of 12% grade. Thursday evening he had a 12% grade. Because he never got a response
from Terri Martinez the inspection never came together. He had difficulty with the pour and
called for two inspections. Inspections to check rough grades never materialized. He made the
decision to go ahead with the driveway. It was a great surprise when it didn't make grade.
Portions of the center of the driveway do make grade and he feels that should be the criteria.
George Ruther introduced Terri Martinez as ihe project engineer.
Henry Pratt doesn't see the driveway grade as a big deal. He is for adding a second wall along
the street. He encouraged the applicant to do double or triple walls without impacting trees.
Dalton Williams said the wall height is to keep the neighborhood from looking like a bunch of walls. Dalton is not concerned about the wall except for safety reasons. He thinks a guardrail
would make it safer. The Town goes bonkers over driveways. The Town gave, an extra 2%
grade allowance just so we would never have to grant another variance. You can't add 3"-4" of
concrete without sloughing off.
Ray Coutash said he is low in the driveway relative to the slope of the driveway.
George Ruther said the bottom needs to come up to lesson the grade at the top.
Dalton Williams said he is not in favor of granting a variance for the driveway.
Jeff Bowen said whatever needs to be done to get the driveway to the correct grade needs to be
done. He is concerned with the heating being so deep into the concrete. He would like to have
an Engineer design the rock retaining walls and will not approve the request unless that is done.
Planning and Environtnental Commission
Minutes
December 11, 1995 8
~
a
Greg Amsden agrees with Henry Pratt to go with the existing walls to save the landscaping. As
for the driveway, he agrees with Dalton. When the extra 2% grade was allowed, it was
supposed to give leeway. Greg has a tendency to be lenient with it.
Kevin Deighan would like to see some type of solution between staff and the applicant. He has
no problem with the retaining walls. He would like to see an Engineer's certificate saying the
retaining walls will hold.
Greg Moffet said the retaining wall problem is the result of procedure. There is a somewhat
contradictory Zoning Code. Greg's concern is hearing about it after the fact and not before it was
put it. He agrees with Henry to terrace as much as possible to save trees. He is also sensitive
to the safety issues with the driveway. He agrees with the guardrail or rock wall on the south
side. He would like to see an attempt made to get the driveway within code.
Jeff Bowen stated that one of the problems that exist on Potato Patch, and Garmisch as well, are
that rock walls present a terrible safety issue. High retaining walls present a safety threat for
children falling off. He wants an engineer to say the retaining walls will last a long time and at a
height that a car or child will not fall off. He will let the driveway issue go.
Dalton Williams said he will be ok with an Engineer's letter approving the retaining walls.
Greg Moffet stated this is a worksession.
Ray Coutash assured Jeff that the heat in the driveway does work very satisfactorily. It has
melted a 3' snowdrift.
George Ruther asked the PEC for direction.
Terry Martinez stated that we do need a 2' shoulder and slope. A 2' rock wall would launch
vehicles. Recovery on a 2' shoulder could happen, but there is no guarantee. Steep grades on
driveways encourage people to park on the roads, rather than in the driveway, which presents a
problem for snowplows.
George Ruther began the summarization of the direction.
Jeff Bowen said it is critical it be certified by an Engineer. .
Dalton Williams said the driveway needs to be redone.
Greg Amsden asked what the Town's position was on replacing previous driveways.
Dalton Williams assumed that if we required a heated driveway, we should require it to be turned
on.
George Ruther said it is impossible to police whether heated driveways are turned on.
Dalton Williams said a condition should be that the heated driveway be operational at all times.
Planning and Environmental Commission
Minutes
. December 11, 1995 9
r,
1
~ .
1
George Ruther had preliminary conversations with the Fire Department. They feel the house
needs to be retrosprinklered.
Henry Pratt said one of the conditions of approval should be that the Fire Department may not be
able to access the house.
Eric Johnson (architect) said the owners have signed a waiver absolving the Town from any
liability.
Greg Moffet said he doesn't like waivers, just indemnifications.
Eric Johnson said the owner would take on the full responsibility and mitigate whatever the Town
wants. Snow plowing generates a huge amount of snow. A guardrail inhibits snowplowing.
Henry Pratt mentioned that a snowblower can throw snow over any guard rails.
' 7. "Council Reports."
a. A vacancy existed on the PEC board created by Bob Armour.
b. Call-up of Serrano's.
c. Golden Peak has gone before the Town Council for a first reading. Kevin Deighan
said he heard that the Council was going to require a parking structure.
d. The Bob Borne denial was overturned by Council.
Henry Pratt heard that Council overturned some of PEC's architectural approvals. He is not sure
to what extent the Council has overturned the PEC recommendations.
8. Approval of November 27, 1995 PEC minutes.
Jeff Bowen moved that the minutes be approved.
Henry Pratt had changes on page 20 to delete the 7th line.
Greg Moffet had some deletions on page 20.
Dalton VVilliams had changes on page 20. . .
Jeff Bowen made a motion to approve the November 27, 1995 minutes as modified.
Henry Pratt seconded the motion.
It passed unanimously by a vote of 6-0.
Dalton Williams said he doesn't plan on running again for the PEC. He is stepping down due to
time retraints but has enjoyed his 6 years on the Board.
Jeff Bowen made a motion to adjorn the meeting. Dalton Williams seconded the motion.
It passed unanimously by a vote of 6-0.
The meeting adjorned at 4:50 p.m.
Planning and Environmental Commission
Minutes
December 11, 1995 10
. HCd9~~~(r, "nStMecf~0H GwMIDBnBnY
DaDeegeaeooeda ('.oOab. 8050fl
~ 690-3289 ueoadevo 4417-R8N6d6
.pAi:r.': ~r,~ • '
Town of Vail '
Community Developmen4 75 South Frontage Rd.
Vail, Co. ,
January 1, 1995
A4tn: George Ruther . > Re: OCoenig Residence ,
795 Potato Patch Dr.
Vail, Co.
Dear Sirs,
Our proposal for the work relating to our variance appiication is outlined below. 7he meeting
with Terry IVlartinez, Eric Johnson, and yourself on Friday, December 29, 1995 was very help(ul
in evaluating the engineering report and de4emnining our course.
We request 4ha4 the variance for the rock walls north of the drive be granted, leaving the
walls at their presenf height. Cleaning up of the road right of way, landscape planting and minor
grade work will be completed in the spring. As outlined in the engineering report no more excavation along the road will be done, this will ensure 4hat the load capacity of the road fill and
the shoulder can be preserved as well as providing a safety zone for the public right of way. The
visual impact of this wall will be minimized through the landscape and the planiing of ground
covers within the interlocking rock wall,
The wall south of the drive will be modified by adding one more planting zone at the
southern most aspen to raise the grade at the 4oe of the wall thus shortening one of the areas
where the wall is now just over four fee4. The remainder of the wall would be left at its existing
helght, the stone steps wlll shorten the helght oP the wall near the house, and provide access.
This will leave one section of the wall slightly 4aller 4han the three foot height, we have planted a
Balsam Fir in the planting zone in front of this section, it will stabilize the earthwork and visually
mitigate the wall heigh4. This wall will also be planted w'ith ground covers and improved in the
spring Iandscaping.VVe wish to leave the fop course of stane as the deterrent to sliding off the
drive and to prevent erosion and the undermining of the fill 4hat supports the concrete drive. The
zone between these rocOts and the concre4e serves as a curb and is better able to warn a driver
- of the edge without the likelihood of becoming stuck or going beyond the drive without a possible
recovery. The slop(ng character of the wall vuill be enhanced by the removal of the rubble stone
stored there at present, and the wall will be much safer and attractive upon completion, •
resembling the natural rock indigenous 40 4he region. '
T'he driveway grade is an issue much 4roubling me. Our engineering consu{tants supporl the
gran4ing oi a variance based on the drives cons4ruction and minor grade defect. To achieve
compliance a capping process has been evalua4ed. The Iong ierm vfability of the cap process,
even with special add mixtures and epoxles, has been questioned and no warranty on the
process Is possible, VVe will be asking ftAike McGee, the fowns fire marshall , to evaluate the as
- built survey and 4o visif the si4e and see the work. I believe 4hat access is the key issue and 4here
are atternatives to the staging area on the drive. that satisfy the 150 ft, rule and provide
protection to the site, the firemen and their equipment. the drive design was based on survey
informatiorr that contains two errors making this an unnecessary hardship and an extremely
difficult design and engineering task. The grade did not reveal the nature of the wall at the
northwest property corner and the second error of a much more substantial nature is the grade ai
the drive along Potato Patch is actually .8 ft. or between 7 and 9 inches higher than the approved
drawings show it. This additional heighi removed any tolerance from the driveway grades. This
second error was discovered in evaluating the as built survey and interpreting the earlier survey
work and drawings. This is a very sensitive issue and ( hope that we are able to resolve this
. without compromising the intent of the statute and the process of variance.
The nature of the drives construction may help in the decision to grant a variance. The hydronic
heat system is a 70% glycol closed loop. More important is the control, a Tekmar controller
"sees" precipitatlon it turns on and off the 2 boiler, 2 pump system as the temperature, snow, and
ice require heat. Unlike many systems this costs much less to run and is automated where the
system remains in the ready mode until needed, the system is on and is supported by backups.
This system is repeated in both unitS with slight variation.
It has always been my intent and the owners intent to fully comply wiih codes and .
ordinances. In an effort to satisfy the comprehensive plans guidelines we have made every effort
to unify the home with the site, saving the native trees by moving them , utilizing the indigenous
rock and plants and preserving the natural character of the site. I would request that you grant
this variance based on the strength of the engineering reports and the efforts to fulfill 1he intent
of the codes and the statutes goveming our building project.
Thank you for you consideration,
Sincerely,.,
Raymond Kutash- Beehive Construction
Rgec~ivc Constresct3on Compan'•
~ -1256 H~W6.1r '
[I,Onamoest, Ca?9eu. MMOIl
° - - 650-32M mcQeo 4457-MfES
Town of Vail
Community Developmen4 ~
75 South Frontage Rd,
. Vail, CO
January 23, 1996
Town Council:
The section of road above the P(oenig residence at 795 Po4a4o Patch is along a dead end road.
The project is along a straight section of road with modera4e slope not far down from the end.
Town engineers are asking the owners to install a thirty six foo4 guardrail west of the drive.
Other similar road sections do not have guardrail. The building project has added shoulder
where steep slope with no shoulder fell off before construction. The rock wall and fill have
provided access and a road buffer as well as presenring indigenous plantings and aspen groves.
The guardrail would add the risks of ice shading, higher accumulated snow from plowing
operations, and blocked sigh4 lines for cars entering and leaving this drive. These risks outweigh
the limited protection provided by the proposed rail. As ao 61tema4ive we would prefer you allow
a low landscape visual bamer and not require a guardrail.
Thank you for your time and consideration.
Sincerely:
Ray Kutash '
Beehive Construction Sharon and Gary Koenig - Owners
Barbara and Bob Dowie - Owners
VVe are signing 4his at the request of our neighbors:
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Memorandum
TO: Town Council
FROM: Andy Knudtsen, Senior Housing Policy Planner
Susan Connelly, Director of Community Development
SUBJECT: Lottery Criteria for the Vail Commons Project
DATE: February 6, 1996
. o 1. INTRODUCTION
Demand for the 53 for-sale housing units at Vail Commons is expected to exceed the supply.
Although the Town expected a high level of interest in the project, the extent of interest expressed
to date has exceeded our expectations. More than 200 individuals have requested an information .
packet on the project already, without any formal advertisement. The Town now faces the
. challenge of establishing a lottery to allocate the 53 homes.
As discussed briefly at the January 16, 1996 worksession, the working concepts staff has been
using to develop the lottery criteria are listed below (not in priority):
Work and live in Vail
Local wage earners
Net gain in locals housing
Families/Complete use of new units
Broaden community base/increase community involvement
Opportunity to move back to Vail froin down valley:
Tllnere are two deffferent area§ eun whieh staff is looking ffor Coaancal dia-ectioan:
Il) T6ne stranctaare off the ?otger3' (APproaches) and
2) The ICela$IlVe @'VeHgh$llng Off $Sfle CrHt@fl'Ea (Val?&e5).
Although there is overlap between the two issues, they are distinct, and direction on each will help
determine the framework of the lottery.
TOWN COUNCIL WORKSESSION VAIL COMMONS LOTTERY CRITERIA
FEBRUARY 6, 1996 PAGE 1
~
r
Il. ALTERNATIVE APPROACHES TO THE STRUCTURE OF THE LOTTERY
Thc lottety structurc wili includc four separatc pools, one for each townhousc type. Individuals
will be ablc to sclect thc pools which intcrest thcm and/or which they can afford. Hypothetically,
people could entcr all four to incrcasc the probability of homc ownership. Staff has discussed
altemative approaches with othcr resort towns and has found a variety of philosophies regarding
prioritizing potential home buyers. On a continuum, the approaches include:
RANDOM STRUCT'URED
. . 1S~
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A. Minimum Thresholds
This is the most random model. It requires individuals to meet a minimum set of eligibility
criteria. Once the minimum threshold has been met, units would be allocated in a random
drawing. For example, the minimum set of criteria could include current employment with one
year of residency. The best aspect of this alternative is that it is the simplest. However, since this is Vail's first housing development, staff believes that some direction should be givcn to the
lottcry to reduce the randomness and bring thc residcnts into thc community who match the
Council priorities. %
B. Pnontizcd Categones
This modcl is a relativcly simplc process. It prioritizcs individuals using a list of characteristics or
values. Staff bclievcd that this structure would be adequate, initially. ln May of 1995, the Town Council reviewed tbc following hierarchy:
; 1. Employees,
2. Rcsidcnts,
3. Employcrs and, '
4. Eagle County residents.
After staff worked up a samplc lottery application, we realized that this model is not flexible
enough to incorporatc a truc range of community values. For cxample, staff believes that an
individual's current home ownership status should be reflected throughout the lottery criteria.
TOWN COUNCIL WORKSESSION VAIL COMMONS LOTTERY CRITERIA
FEBRUARY 6, 1996 PAGE 2
~
C. Modified Point Allocation with Basic Eligibilitv
This is a hybrid model which includes the strengths of the other three alternatives. It can be
tailored in such a way as to focus on the significant values to be promoted though the
development, but is not so overly structured to make the competition too technical and difficult to
administer. Under this approach, individuals would be ranked based on such factors as length of
employment, residency, and home ownership status. Based on the rankings, individuals would
qualify for different tiers. A random drawing would be conducted within each tier, starting with
the top tier and movi.ng through to the next, until all homes had been allocated. The strength of
this approach is that it allows for a variety of values to be involved in the ranldng without getting
too detailed.
D. Strict Point Allocation
This alternative is the most structured, and the most complicated to administer. It would rank
individuals based on the number of points scored for fulfilling different qua.lifications. It allows
r for a variety of values to be weighted, thus prioritizing individuals based on fulfillment of certain
qualities. For example, length of employment could be weighted so that an individual could gain
points for each month he or she worked in V'ail. No drawing would be necessary, as each
prospective homeowner would ultimately fall on one point on a wide spectrum. The benefits are
that it can juggle many variable and values. The actual weighting of values would, however, be
quite challenging and would heighten the scrutiny by the public, as the differing weights would
impact a prospective purchaser's point on the spectrum.
][11: VAlUIES
Staffff fl§ ?ooking for Coaauecnl ffeedback on the relative fmportance off ghe cregeria ?isted belovv.
The criteria are the same factors listed at the beginning of the memo. If the Modified Point
Allocation model described above is used, each value can be weighted independently. Thus, a
single criterion would not eliminate a person, it would just influence his or her standing along with
a variety of other factors. Staff would like to know how the Council would rank each of the
following on a scale of 1- 5, with 1 being of low importance and 5 being highly important. Once
the importance of the value has been deternuned, staff will use it to develop specific weighting for
the lottery application. .
Work (and live) in Vail 1-2-3-4-5
Staff has understood from Council that priority should be given to individuals currently warking
in Vail. Ideally, Vail could become a community where people can work and live in one town.
With that in mind, should current employment be emphasized over current location of residence?
If an individual has worked in the Town in the past, but is no longer working in the community,
should he or she receive as high a priority as an individual with a consecutive track record of
employment within the Town?
TOWN COUNCIL WORKSESSION VAIL COMMONS LOTTERY CRITERIA
FEBRUARY 6, 1996 PAGE 3
. ~
(Work and) live in Vail 1-2-3-4-5 Living in Vail is also a factor, which is the second part of the value stated above. From
discussions with housing consultant Chris Cares, who has extensively studied housing needs in
resort communities, staff understands that the greatest need comes from residents who have lived
in Vail from 1 to 4 years. Once an individual has lived in the community for more than one year,
- some investment has been made in the community. After 5 or more years, people usually have
succeeded in one way or another in their.effort to secure housing. It is ttie span from 1 to 4 years
which warrants attention. Given that this is the focus, staff would like to understand how this
value of living in Vail should be weighted relative to the others listed here.
Local wage earners 1-2-3-4-5
~ Staff is not proposing an elaborate financial analysis for the prospective homeowners, but
proposes to target the individuals who have not been able to buy a home in Vail. A simple, yet
effective, way to isolate the "needier" ones out of the entire pool of applicants, is to examine
current home ownership. If one does not currently own, staff believes that such a person should
have higher standing than one who does.
Net gain in local's hou" 1-2-3-4-5
Home ownership again comes into play here. If someone currently owns a home and has accrued
a significant increase in value from the initial purchase, there is potential to "cash-out." The sale
of an existing home at market value so that one can move into an "affordable" unit does not
create a net gain in locals housing. This is something staff strongly believes should be prevented.
However, if the existing home owner deed restricts the existing residence, staff believes the
individual should be given significant priority because this creates a net gain in locals housing, i.e.
an additional dwelling unit would be added to the inventory of restricted units. The deed
restriction that would apply would include, at a minimum, the 3% cap on appreciation and a
, requirement that the unit .be owner-occupied by an employee working a minimum of 30 hours per
week.
Families/ Complete use of new units Yes/No
Of the 53 for-sale dwelling units, 16 are three bedroom and 37 are two bedroom. Staff would like
to see, ideally, every bedroom utilized. One possibility would be to require a household size of at
least three people as a minimum requirement for the larger units. A household would be defined
as three or more persons related by blood, marriage or adoption. Any dependents claimed would
need to be related by blood or adoption, be listed as a dependent for federal income tax purposes,
and reside in the household at least six months and one day out of every 12 month period of time.
Onnortunity.to move back to Vail from down vallev. 1-2-3-4-5
Should down valley residents be given some priority in order to move back to Vail? This could
be done by weighting the location of employment over the location of residence.
TOWN COUNCIL WORKSESSION VAIL COMMONS LOTTERY CRITERIA
FEBRTJARY 6, 1996 PAGE 4
n
Business Owners 1-2-3-4-5
The prior Council has stated that we would look for partners in the business community for future
projects, and that Vail Commons in intended for individual homeowners. Staff recommends
including business owners in the lottery, but at a relarively low standing. If all 53 units are not
sold to individuals, Vail business owners would then be eligible. We will look for greater
involvement from and provision for this sector of our eommunity in the next proj ect.
IV. cCONC]LUSffON
As staff has discussed these issues and tested them out in numerous case studies, we believe the
most important conclusion is that this project can not meet every individual's housing needs. We
plan on additional projects in the future. We hope that Vail Commons is the first of many
successes and that it represents the first bite out of the recognizably huge housing pie. With that
understanding, staff recommends the following:
Lottery Structure
Staff believes that the best lottery structure is the Modified Point Allocation with Basic Eligibility.
We believe that this allows an appropriate amount of structure, yet incorporates a limited element
of chance. By balancing the two, staff believes we can direct the availability of the 53 units
without getting bogged down in too many details.
Values
Staff would weight the values as follows:
Net gain in locals housing warrants a 5.
Work in Vail and Local wage earners both warrant a 4.
Live in Vail warrants a 3.
Opportunity of move back to Vail and Business Owners both warrant a 1.
Staff is open to Council direction regarding Families%Complete use of new units.
Based on the direction provided by Council, staff will begin formulating the actual lottery
weighting and will further define the lottery application and shucture. We will return to Council
for your confirmation of the work at an evening meeting.
\everyoneW ndy\96-jnemos\tclotter206
TOWN COUNCIL WORKSESSION VAIL COMMONS LOTTERY CRITERIA
FEBRUARY 6, 1996 PAGE 5
TOWIV COUNCIL COMMITTEE/TASK FORCE APPOINTMEfVTS
TO: Town Council '
FR: Pam Brandmeyer
DA: February 2, 1996
RE: Committee/Task Force Appointments
This is a list of all committees/task forces to which Council members have been appointed or for
which they have volunteered. It is my understanding that all assignments run to the next Regular
Municipal Election, iVovember 1997.
COMMITTEE/TASK FORCE COUNCIL MEMBERS
1. NWCCOG Sybill Navas
(New member) , alternate
2. Vail Valley Tourism & Bob Armour
& Convention Bureau Rob Ford,alternate
(formerly VRA)
3. Vail Transportation and Kevin Foley
Parking Task Force Rob Ford, Alternate
4. CAST Bob Armour
Bob McLaurin.
5. VRD/Council Subcommittee Kevin Foley Ken Wilson
Rob Ford Ross Davis
6. Special Events Committee Sybill Navas
7. Bravo! Colorado Board Kevin Foley
8. NWCCOG Water Quality/ Sybill Navas
Quantity Committee (New member), apprentice
9. Eagle County Recreation Paul Johnston
Authority (New member), alternate
10. Town of Vail Housing Authority Michael Jewett 11. Channel 5 Board Sybill Navas
12. Vail Valley Arts Council Sybill Navas
13. Mauri Nottingham Enyironmental Bob Armour
Award
14. Lodge at Vail Land Swap Paul Johnston
Bob McLaurin.
Tom Moorhead
15. Vail Valley Exchange Sybill Navas
16. Regional Transportation Com. Kevin Foley
Rob Ford, alternate
17. Ford Park Management Plan Rob Ford
18. The Chamber Bob Armour
Paul Johnston, Alternate
19. Open Space/Charter Committee Sybill Navas
20. Art In Public Places Kevin Foley
21. Colorado Ski Museum and Ski Hall of Fame
C:\TCAPPTS. LST
dd
e4
~OWN OF vAIL .
75 South Frontage Road Office of the Town Manager
Yail, Colorado 81657
970-479-2105/Fax 970-479-2157
MEMORANDUM
TO: Vail Town Council
T. Thomas Moorhead
Pamela A. Brandmeyer
FROM: Robert W. McLaurin, Town Manager ~
DATE: February 2, 1996
RE: Executive Session
We have scheduled an executive session for Tuesday at the end of the worksession. The first item
we wish to discuss with the Council concerns the Dobson Ice Arena and the Vail Recreation
District. In 1992 the Town executed an agreement with the VRD which provided that the Vail
Recreation District operate and manage the Dobson Ice Arena. One of the provisions of this
agreement provided that the Town would have 30 days use of the facility for free. The Town would,
however, be responsible for any hard costs (electricity, set-up and break down, etc.) associated
with that use. Another portion of the agreement provided that the World Wide Church of God could
utilize the facility 10 days a year for free through 1997.
The term for the free use by the Church of God has expired and the VRD is currently negotiating
directly with the Church of God for the use of the facility. As indicated in the attached letter from
Piet Peters the Church of God would be required to pay approximately $15,000 in hard costs for
this 10 day period. Also indicated in the letter, the VRD would be willing to provide free use to the
Church of God for the entire 10 day period in exchange for the TOV giving up its 30 days of free
use.
I have met with Hermann Staufer and Piet Peters of the Vail Recreation District and indicated to
them that Council would discuss this on Tuesday,and we would be prepared to respond to this
letter by the middle of next week.
The second agenda item involves a discussion of personnel matters. John Powers, the Town's
Human Resources Director will provide an overview of some work that we have been doing
concerning compensation. Specifically, we have recently completed a survey to provide external
comparisons. In other words, this survey provided data on how TOV positions compare with
selected benchmark communities (Aspen, Telluride, front range, etc.). JP will also review with
Council the results of an internal equity analysis which is an overlay of the external market survey.
RECYCLED PAPER
~7
The principle purpose of this discussion is to provide an overview of where we are with salary and
compensation and to receive direction from the Council on how you wish to implement the resuits
of this survey.
Like any organization, compensation is a very sensitive issues with in the Town of Vail. In addition
to the wage freeze which was implemented as part of the 1996, we were unable to conduct
external market surveys in 1994 due to Bob Mach's situation.
I will not be looking for a specific authorization to proceed with respect to this issue, but to generally
get your thoughts and feelings of how we can move to deal with this issue.
RWM/aw
'RECEaVED .AaM 3 0 1996
Uail Recreation
DISTRICT
292 W. 1Vleadow Drive
Vail, CO 81657
970-479-2279
FAX: 970-479-2197 January 30, 1996
VAILGOLFCLUB Mr. Bob NicLaurin
1778 VaII Valley Drive Town Manager
479-2260
Town of Vail
GOLF & PARK Vall, CO 81657
MAINTENANCE
1278 Vail Valley Drive
479-2262 Dear Bob:
VAIL TENTIIS CENTER
700 S. Frontage Road During our last meeting on Friday, January 26 the Vail Recreation
479-2294 District Board informed Jim Feldhaus from the VVTCB that we intend
JOHN A. DOBSON ARENA to charge the Worldwide Church of God hard costs associated with
321 Lionshead Circle
479-2271 setup, tear down and usage for the 10-day period of the lease of the
Dobson Ice Arena. The original contract between VRD and the
VAIL YOUTH SERVICES
395 E. Lionshead Circle Worldwide Church of God expired in 1995.
479-2292
VAIL NATURE CENTER The reasons for this decision are:
Vail Valley Drive
479-2291
1) The Vail Recreation District incurs operating costs of
MARKETING approximately $15,000 during the group's visit.
292 W. Meadow Drive
479-2446
2) The group's visit eliminates all possibilities of hosting NHL training
camps, as it conflicts with the Worldwide Church of God dates. This
equates to a potential opportunity cost of $30,000 -$35,000.
The VRD is very well aware of the favorable financial impact that the
Wcrludride Church cf God has -r Vail anc+ wishes for this to
continue. As you are aware, the Town of Vail can offer pobson Ice
Arena to the group and be responsible for the usual set up, break
down and utilities cost during the group's visit (approximately
$15,000).
The VRD Board is willing to give the Worldwide Church of God the
10 days each year free of cost in exchange for reducing the Town of
, Vail's allotted usage days of Dobson from 30 days per year to the 10
days per year that the Worldwide Church of God uses. The Town of
Vail would then not have any "free" days other than the Worldwide
Church of God's 10 days.
/Vail Recreation
V
DISTRICT
292 W. Meadow Drive
Vail, CO 81657
970-479-2279 2
FAX: 970-479-2197
VAIL GOLF CLUB
1778 Vail ValleyDrive This will allow VRD additional revenue-producing opportunities to
479-2260 compensate for our losses during the Worldwide Church of God.
GOLF&PARK Please contact me at your earliest possible convenience so that we
MAINTENANCE
1278 Vail Valley Drive may agree upon a course of action and finalize our contract with
479-2262 Worldwide Church of God.
VAIL TEAiNIS CENTER
700 S. Fmntage Road Sincerely,
479-2294
JOHN A. DOBSON ARENA ~
321 Lionshead Circle
479-2271
Piet Pieters
VAIL YOUTH SERVICES
395 E. Lionshead Circle Director
479-2292 Vail Recreation District
VAIL NATURE CENTER
Vail Valley Drive
479-2291
cc Jim Feldhaus
MARKETING
292 W. Meadow Drive
479-2446
A/Itrs/uvwc
M1IVUTES
VAIL TOWIV COUNCIL MEETING
January 2, 1996
7:30 P.M.
A regular meeting of the Vail Town Council was heid on Tuesday, January 2, 1996, in the Council
Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M.
MEMBERS PRESENT: Bob Armour, Mayor
Sybil4 Navas, Mayor Pro-Tem
Kevin Foley
Rob Ford
Mike Jewett
Paul Johnston
MEMBERS ABSEIVT: Peggy Osterfoss
TOWN OFFICIALS PRESENT: Robert W. McLaurin, Town Manager
R. Thomas Moorhead, Town Attorney
Holly L. McCutcheon, Town Clerk
Firs4 item on the agenda was Citizen Participation. Resident, Bill Wilto complimented Community
Development Director, Susan Connelly for her participation in the Vail Host Program, and stated
it was fabulous to see someone in a position such as hers out on the street greeting guests in the
cold.
The second item on the agenda was the Consent Agenda which consisted of the following items:
A. Approval of the Minutes for the meetings of December 5 and 19, 1995.
B. Resolution No. 1, Series of 1996, a resolution designating a public place within the
Town of Vail for the posting of notice for public meetings of the Vail Town Council,
Planning and Environmental Commission, Design Review Board, and other boards,
commissions, and authorities of the Town of Vail.
C. Ordinance No. 25, Series of 1995, second reading of an ordinance amending
Section 18,24.050 (B) of the Municipal Code of the Town of Vail, setting forth new
procedures for eliminating any existing dwelling unit or accommodation unit or any
portion thereof above the second floor in Commercial Core I and Commercial Core
II Zone Districts.
Mayor Armour read the Consent Agenda in full. A motion was made by Sybill Navas and seconded
by Kevin Foley to approve the Consent Agenda. A vote was taken and passed unanimously, 6-0.
Third on the agenda was Ordinance No. 1, Series of 1996, first reading of an ordinance, First
Amendment to the Town of Vaif Police and Fire Employees' Pension Plan. Mayor Armour read the
title in fulf. Steve Thompson presented the item, explaining that the change in text was prompted
by an lRS review, at tha request of the Town in order to obtain a determination letter from the IRS.
Sybill moved to approve Ordinance No. 1 on first reading, with a second from Rob Ford. A vote was
taken and passed unanimously, 6-0.
The fourth item on the agenda was Ordinance No. 2, Series of 1996, first 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. Mayor Armour read the title in full. Mike Mollica presented the item,
explaining that the SDD which was originally approved in 1993 was now being amended by the
applicant. Mike referenced a memorandum dated January 2 to Council from Community
Development (attached) which listed seven conditions of approval as recommended by the PEC.
iVlike reviewed the seven conditions and stated the architect, Michael Barclay, was available to
answer any questions. Michael Jewett asked about trash storage and heated walkway and
driveway areas. Stan Cope, representing the applicant, along with Michael Barclay,. addressed
those issues. Stan indicated the project would probably commence sometime in April, 1997. Paul
Johnston moved to approve Ordinance No. 2, Series of 1996 on first reading with the conditions
as recommended by the PEC, and Sybill seconded the motion. A vote was taken and passed
unanimously, 6-0. Stan Cope then introduced the owner of the Vail Athletic Club, Tom Rousch.
Item five on the agenda was Ordinance No. 3, Series of 1996, first reading of an ordinance for the
regulation of traffic by the Town of Vail, Colorado, for the purpose of providing a system of traffic
regulations consistent with state law and generally conforming to similar regulations throughout the
state and the nation; adopting by reference the 1995 edition of the "Model Traffic Code for
Colorado Municipalities"; repealing all ordinances in conflict therewith; and providing penalties for
violation thereof. Mayor Armour read the title in full. Tom Moorhead informed Council that the
Model Traffic Code was intended to provide uniformity between the state's traffic laws and the
various municipal traffic codes dealing with enforcement. He explained that the Town of Vail had
previously adopted the 1974 and 1977 Model Traffic Codes and that CDOT had prepared a 1995
revised edition of the Code, reflecting recodification of the state traffic laws enacted by the State
General Assembly. Town of Vail Police Chief, Greg Morrison, was on hand to answer any
questions. Tom reviewed the ordinance, pointing out the "Amendments" section which included
items that differed from the Model Traffic Code, namely speed limits in residential and business
district areas. Tom further noted an incorrect citation under the "Repeal" section of the ordinarice.
Discussion centered around the 15 mph speed limits contained in the ordinance and whether or
not they should be raised. Tom stated further input from Public Works and Town Engineer, Greg
Hall would be required prior to making that decision. Mike Jewett suggested tabling the item. Sybill
had questions regarding roller blades and bicycles being allowed on local streets. A motion was
made by Paul to Table Ordinance No. 3 until the next evening meeting, allowing time to obtain input
from Public Works and Greg Hall. The motion was seconded by Mike Jewett. A vote was taken
and passed unanimously, 6-0.
Item number six on the agenda was a report from the Town Manager. Bob McLaurin informed
council members of the upcoming Council Retreat scheduled for February 27 at the Ford Room
at Village Hall in Beaver Creek, and of the Public Participation Workshop set for February 13. Paul
inquired as to an alternative to the Ford Room and Bob stated he would look into it.
Kevin Foley expressed his gratitude for those who participated in the "Perks" program and stated
the program was a big success.
There being no further business, Mayor Armour moved for adjournment at approximately 8:15
P.M.
Respectfully submitted,
Robert W. Armour, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
(Names of certain individuals who gave public input may be inaccurate.)
2 v.1 a c-d c~„~ M„hMy M.J. 0 1 /02/y6
~
~ MIIVUTES
VAIL TOWN COUNCIL MEETING
January 16, 1996
7:30 P.M.
A regufar meeting of the Vail Town Council was heid on Tuesday, January 16, 1996, in the Council Chambers
of the Vail Municipal Building. The meeting was called to order at approximately 7:35 P.M.
MEMBERS PRESEIVT: Sybill Navas, Mayor Pro-Tem
Kevin Foley
Rob Ford
Mike Jewett
Paul Johnston
Peggy Osterfoss
MEMBERS ABSENT: Bob Armour, Mayor
TOWN OFFICIALS PRESEIVT: Robert W. McLaurin, Town Manager .
R. Thomas Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Holly L.,McCutcheon, Town Clerk
First item on the agenda was Citizen Participation. Town of Vail resident and former council member, Tom
Steinberg, expressed his thanks to former town mayor Peggy Osterfoss for her participation and dedication
over the past six years. He commended her, saying she had beerJ the best leader he had worked with during
his years of serving with alf but one of Vai1's mayors. Mr. Steinberg was joined by his wife, Flo.
The seconc9 item on the agenda was the Consent Agenda which consisted of the following items:
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 p'qrmitted by the Charter of
the Town, its ordinances; and the statutes of the State of Colorado.
Mayor Pro-tem, Sybill Navas read the consent agenda in full. Peggy moved to apprpve the consent agenda,
with a second from Paul Johnston. A vote was taken and passed unanimously, 6-0.
Third on the agenda was 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 Vaii Municipal Code and setting forth details in regard thereto.
Sybil{ read the title in full. Mike Moflica then summarized the revised ordinance, reviewing changes since the
first reading. Town Attorney, Tom Moorhead added that an indemnification sectioni had been removed from
the ordinance, because the issue had been resolved and no longer applied. Discussion then continued as
council members questioned the possibility of the Athtetic Club heating the bridge in addition to the sidewalks
on the north and east sides of the building. Town Planner, Mike Mollica stated thelAthletic Cfub would heat
the sidewalk up to but not over the bridge. Vail Athletic Club representative, Stan Cbpe addressed the issue
and informed Council that the possibility had been discussed, but woufd require an up sized boiler to
accommodate that request. Stan stated the Athletic Club would cooperate in any way they coufd, but that
many issues still remained to be discussed. Tom Moorhead informed Council the intent had been that any
heating beyond the sidewalks along the north and east sides of the building would be an expense of the
Town. Paul moved to approve Ordinance 2 on second reading with a second from Rob Ford. A vote was
taken and passed unanimously, 6-0.
The fourth item on the agenda was an appeal to the Town Council, pursuant to Section 18.54.090 of the
Municipal Code, of.the Design Review Board decisian 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
Fifing/3275 Katsos Ranch Road. '
George Ruther, TOV planner assigned to the project, presented the item to Council, and provided the
following background: 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
attachment 1). Upon review by the DRB, a motion was made to deny the applicant's request since the DRB
~ va J- c-c r,-~ m.J-t %.r oI/16/%
r
~
,
could not find eyidence of significant site constraints. The motion passed unanimously (4-0). George then r'
referenced a letter from the applicant dated December 29, 1995, appealing the DRB decision (see attachment
2) and the applicant's reference of 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 was
provided for reference (see attachment 3). George went on to state that upon review of the applicanYs
separation request, staff recommended that the Town Council uphold the DRB decision of December 20,
1995, of denial. He stated that in staff's opinion, the applicant had not demonstrated the existence of
significant site constraints on the lot as required by Section 18.54.050(I) of the Municipal Code. Peggy Osterfoss questioned whether the section on "Intent" superseded the criteria that might constitute a
significant site constraint' as outlined in section 18.54.050(I) of the Code. Tom Moorhead explained that while
applying the criteria, one could look to the general intent, but that the specific criteria still needed to be
applied. Sybill inquired as to whether or not the separation request was really a variance. George and Mike
Mollica informed Council that the applicant was clearly requesting a separation, as allowed by the Code, and
that Council must find the project meets the appropriate criteria in order for a separation to be granted.
Gary Oleson, owner of the property presented his request to Council, along with project architect, Mark
Donaldson.
Paul moved to overturn he decision of the DRB to deny the separation request due to the large size of the
lot, to avoid extensive d iveway cuts, and because, he felt the proposed separation contributed nicely to the
existing residences on Katsos Ranch Road. The motion was seconded by Peggy.
Mike Jewett expressed lie would rather uphold DRB's decision, and Rob Ford stated that many other options
were available to the applicant, and the applicant didn't necessarily have to build a duplex. Tom clarified that
the section in the Code listed examples of what might constitute a significant site constraint, and said there
were many and varied situations. He went.on to state that man made features could possibly be considered.
Kevin inquired as to how the neighbors felt about the project, and Sybill addressed the question, stating those
she spoke to wanted to see something on a much smaller scale, but that the size of the lot itself would allow
for a much bigger structure to be built. Sybill felt that going through the variance request would be more
appropriate. George re~minded council members there was not a variance request to decide on. Mike
suggested another possible avenue for the applicant would be to request a front setback variance, in order
to maintain development on the site as low as practical on the hillside and to reduce overall site impacts.
DRB Chairman, Michael!Arnett explained the DRB's finding that there was nothing which would constitute
a significant site constraint as outlined in the town regulations, and, therefore, the DRB had no other option
but to deny the request. Mike then suggested the proper course of action would be to request a change in
zoning on the lot. Peggy reminded council members of the need to determine whether site constraints existed
that would allow for the separation. Mark suggested the topography and the trees did constitute a site
constraint, stating that under the proposed scenario, the applicant would be removing the least amount of
trees. George stated that according to staff, a significant tree was 3" in diameter and the trees shown on the
proposed project plan were 6" in diameter. He further stated there were many trees on the lot that were not
shown on the plan that would ultimately be removed. A vote was taken and failed, 2-4, Paul and Sybill in favor of overturning the DRB's decision to deny the
request, Mike, Rob, Kevin and Peggy voting in opposition. A motion was then made by Rob to uphold the
decision of the DRB, with a second from Mike. A vote was taken and passed, 4-2. Sybill and Paul opposed.
Mr. Olseon asked the Council what direction should next be taken, and Mike Mollica stated he would be happy
to meet with the applicant to discuss the processes available. ,
Agenda item number five was an appeal of the Planning and Environmental Commission's (PEC) den'ial 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). ` Town of Vail Planner, Randy Stouder presented the item, and gave the following background: The applicant
is in the process of constructing a residence on Lot 23, Glen Lyon Subdivision. An Improvement Location
Certificate (ILC) submitted by the applicant indicated that sections of three separate roof ridges were
constructed at heights exceeding the 33-foot height restriction for residenfial structures. The ridges in
question are labeled A, B and C, as shown on 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 variance to retain the roof ridges at the existing, constructed heights. The PEC
unanimously denied the requested height variance by a vote of 4-0, finding that granting the requested height
variance would be a grant of special privilege to the applicant. Randy further stated that although no input had
been received from adjoining property owners, staff recommended denial of the applicanYs request because
2 C.„~l Cw,w~ ~11,ol~y '111,J,01 ~ I 6/96
e
t
~ they agreed it would be granting a special privilege.
Architect, Dave Peel, and Bill Anderson of Beck & Associates presented the height variance request on behalf
of the applicants, Mr. & Mrs. Charles Hovey, claiming that floor and roof modifications caused the overages.
Sybill asked if there wasn't a 1' grace allowed. Randy stated there had been in prior years, but because it
was being taken advantage of, survey policies had been adopted and had been in place since April of 1991.
Also, Randy expressed that the survey policies clearly state there is no 1' grace allowance for roof height, and
that the policy is distributed to every contractor who takes out a building permit.
Greg Amsden, Vice Chairman of the PEC was available to answer questions. Peggy expressed her feeling
that it had been possible to account for the error and that it should have been corrected. Mike Jewett was
looking for any criteria that might alfow the variance to be approved without granting a special privilege. Dave
Peel suggested similar situations had occurred in the past. Tom Moorhead informed Council that each
variance application had a different set of circumstances which muSt be evaluated o its own merits after
reviewing the criteria and findings.
A motion was made by Kevin Foley to uphold the decision of the PEC, with a second from Rob Ford. A vote
was taken and resulted in a tie, 3-3; Kevin, Rob and Peggy in favor, Paul, Mike and SybiN opposed, the motion
was defeated.
Council members in favor of granting the height variance felt Council should be more flexible and cited the
following reasons: no complaints were received by the neighbors, to reframe the structure would cost the
applicant time and money, and that sending a rigid message would negate the need for the appeal process.
Council members opposed to granting the variance felt that being responsible to the community and
consistent in applying the rules was important, and suggested adjusting the height rule as opposed to granting
special privileges. Mike Jewett then moved to overturn the PEC's decision to deny the height variance, and
the motion was seconded by Paul.
Town residents Martin Walbaum and Scotty McGoon expressed their opinions, encouraging Council to
approve the variance.
Town Manager, Bob McLaurin informed council members that the issue was not the amount of the overage,
but the fact that there was an overage. He suggested adhering to the regulation or changing the height
restriction. A vote was then taken and resulted in a tie of 3-3, Paul, Mike and Sybill voting in fa+, Kevin, Peggy and Rob
voting in opposition. Therefore,, the decision of the PEC to deny the height variance stands.
iVext on the agenda was the Town Manager's Report. Bob indicated everything had lpeen covered at the work
session earlier in the day.
There being no further business, a motion was made by Paul to adjourn.
Mike Jewett commended the Police Department for their efforts and expressed satisfaction from the
community regarding break-ins. Jewitt also complimented Public Works for the fine job they had done
removing snow during the recent heavy accumulations.
i
Rob moved to adjourn and the motion was seconded by Kevin Foley. The meeting was adjourned at
approximate{y 9:35 P.M.
~ .
Respectfully submitted,
Sybill Navas, Mayor Pro-tem
ATTEST:
Holly L. McCutcheon, Town Clerk .
(Names of certain individuals who gave public input may be inaccurate.)
3 91„~l J-111 C-u;l F,,u,~ 911,1„y 911;,.,1.,. 0 t1i 6/9L
RESOLUT'ION N0. 4
SERIES OF 1996 .
A RESOLUYION E1{TENDING THE PFtESENT T'ERM OF THE DESIGN FtE!/IEW BOARD.-
WHEREAS, on February 1, 1996, the present terms of tuvo members of the Design Review
Board are due to expire; and
WHEREAS, the newly appointed members are not to be sworn in until March 6, 1996; and
WHEREAS, the Design Review Board presently has meetings scheduled for February 7 and
~ February 21, 1996.
iVOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado,
that:
1. The terms of the present members Hans Woldrich and Robert Borne are hereby
extended up to and including the swearing in of the newly appointed Design Review Board
members.
2. This resolution shall take effect immediately upon its passage.
IIVTRODUCED, READ, APPROVED AND ADOPTED this 6th day of February, 1996.
Robert W. Armour, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\RESOLU96.4
Resolution No. 4, Series of 1996
dd
d~
T0~1 O~ ~A~L
75 South Frontage Road Office of the Town Attorney
Yail, Colorado 81657
970-479-2107/Fax 970-479-2157
J1T?OFOIE1I B CLEW
MEMORANDUM PRNLEGF.WONK PRODUCT
TO: Vail Town Council
FROM: R. Thomas Moorhead, Town Attorney (
. e DATE:' February 1, 1996
RE: Title Insurance
Attached are two letters which have been provided to Stewart Title in our negotiations to arrive at
an agreement to provide title insurance. To provide such title insurance they are requiring that the
Town agree to share the costs of any defense to a lawsuit brought by the "Common Sense for the
Commons" Petitioner's Committee. This requirement has come about due to the Committee's
repeated threats to file such an action.
In my discussions with Alan Wasserman, attorney for.Stewart Title, he has stated that he believes
that all actions taken by the Town of Vail were appropriate and is confident that the Town's position
would be upheld in the event such a lawsuit was brought. He is concerned, however, that such a
lawsuit would require attorneys fees to be spent that could be greater than the premium that is
being charged. The premium for the insurance is $14,000.00. Of this amount, the Town of Vail
will be responsible for approximately $4,000.00 and City Market will be responsible for $10,000.00.
If we do not enter into such an indemnification agreement, we would be required to bring a
declaratory judgment action which would surely delay the possibility of City Market being able to
proceed with construction and having the store open by December, 1996. Additionally, the
iRdemnification agreement will relieve the Town of the obligation of bringing a declaratory judgment
action at this time for which there would be no sharing of attorneys fees.
Upon review of the possible alternatives, I believe that this agreement is reasonable under the
circumstances... Thank you.
~
RTM/aw ~
attachments
RECYCLED PAPER
e
\
ToWN oF vAIIEL
75 South Frontage Road Off ce o,f the Town Attorney
Yail, Colorado 81657
970-479-2107/Fax 970-479-2157
December 28, 1995
Mr. Allan Wasserman Stewart Title Guaranty
7676 Hazard Center Drive
Suite 700
San Diego, CA 92108
Re: Order No. 95412432
Vacant Land in the Town of Vail, County of Eagle, Colorado
Dear Allan:
The putpose of this writing is to outline the process that was followed by the Vail Town Council in
acquiring the 6.2 acre property in West Vail,and entering into a Lease and Development Agreement
for that same property with City Market.. As you know the Town of Vail has applied for a title
insurance policy in an amount of $20 million which would include the improvements which are to
be placed upon the vacant land. The proposed insured is City Market as outlined in the commitment
for title insurance of November 27, 1995. The real estate in question was acquired by the Town of
Vail by warranty deed on May 7, 1993 (attachment A).. The Town of Vail is a Home Rule
Municipality which has the authority to. exercise all municipal powers, functions, rights and
. privileges of ever}F nature whatsoever. (Charter Section 1.2 in attachment B).
The purchase of the property, was authorized by Resolution No. 2, Series of 1993 which was
approved on February 2, 1993 (attachment C). The rninutes of that meeting reflect the discussion
concerning that item. There was no discussion regarding the use of this propeRy as open space or
parks (attachment D). This property is zoned as community commercial and is described in the Land Use Plan as an "area
designed to meet consumer demands from community residents. Primary uses would include
supermarkets, dry cleaning establishments, hardware stores, service stations, financial institutions
and medical offices. The design of these facilities would be oriented towards vehicular access and
parking."
R6CYCLEDPAPBR
a
All members of that Town Council have agreed that the intention for the purchase of the property
was consistent with its zoning. The Town Council members are available, and it is my
understanding, would be willing to sign an affidavit that at no time was there any discussion or
consideration that the purchase of the property was for use as open space and parks as is ref7ected
in the prologue to the resolution. Prior to adoption of Resolution No. 2 there had been four or five
discussions in executive session concerning the negotiations for this property. Council members
concur that at no time was it discussed in those executive sessions that the property should be
acquired for use as parks ar open space. .
The property was not acquired with funds that are restricted for parks and open spaces. The Town
of Vail has a one percent real estate transfer tax which creates a fund for the purpose of acquiring
open space property. This property was not acquired with money from that fund.
In January, 1995 a request for proposal was issued which set forth the criteria the Town Council
• a adopted as appropriate for the development of this site (attachment E). As a result of that request
for proposal Council received seven responses which it evaluated publicly. After public hearings,
the proposals were reduced to afinalist list of three. All three proposals included a combination of
commercial and residential development. After further refinement, Town Council decided upon the
proposal of City 1Vlarkef. It was determined that Council's objectives could best be achieved through
. the use of a ground lease. Section 13.3 of the Town Charter provides that Council may "lease,. for
such term as Council shall determine, any real or personal property to or from any person, firm or
corporation, public or private, governmental or otherwise." It is not required that such lease of
property be accomplished through an ordinance. Section 4.8 outlines what actions are required to
be accomplished by ordinance. A lease of real property is not included within those actions.
No legal authority has been presented that supports the arguement that this lease is of such a nature
or length to constitute a sale of real property. We believe that the Supreme Court decision rendered
in Idaho Sprin~--s v. Blackwell is on point and controlling (attachment F). The court upheld the
municipalities authority to conduct administrative affairs. The action taken by the Vail Town
Council meets the test set forth in Idaho SprinQs at page 1254 and is, therefore, not subject to . collateral attach. •
See also Witcher v. Cannon Citv, which held that amending a lease between the city and the
operators of bridge was administrative despite the fact that the lease amendment extended the useful
life of the bridge until the year 2032 (attachment G).
The Lease Agreement was entered into on September 29, 1995 and the Development Agreement was
entered into on November 15, 1995 (attachments H& I). Pursuant to the Colorado Rules of Civi]
Procedure Rule 106 any claim contesting Council's action as having exceeded its jurisdiction or
abused its discretion is required to be filed not later than 30 days after the final decision of the body
or officer (attachment J). That period having expired offers some comfort that the opportunity for
the most effective challenge has expired.
.
The action taken by :he Vail Town Council was well considered, measured and, we believe, squarely
within its authority. We hope this information provides yau with the legal basis required to issue
the policy pursuant ta the commitment. Please contact me at your earliest convenience.
Very truly yours,
%TTOWN A]L . .
R. Thomas Moorhead
Town Attorney
RTM/aw
• ~ Enclosures
xc: Dick Vermillion
John Caldwell
\
° ee
. ~q
TOWW OF VAIL .
75 South Frontage Road Off ce of the Town Artorney
Vail, Colorado 81657 -
970-479-2107/Fax 970-479-2157
January 19, 1996
VIA TELECOPIER AND U S MAIL
P Mr. Allan Wasserman
Stewart Title Guaranty
7676 Hazard Center Drive .
Suite 700 San Diego, CA 92108
Re: Order No. 95012432
Vacant Land in the Town of Vail, County of Eagle, Colorado
Dear Allan:
I am writing with a proposal to resolve all reznaining issues in the above-referenced matter so that
the title policy, pursuant to the previously issued title commitment, can issue.
Tliere have been no indications that the organization known as the Common Sense for Vail
Commons is going to file suit. As time passes it appears less likely that will occur.
T'he Town of Vail is willing to share legal expenses with Stewart Title should such an unlikely
eventuality occtir. VJhat I suggest is that Stewart Title be responsible for the first $7,000 in attorneys
fees, the Town of Vail will be responsible for the second $7,000 in attorneys fees, and the balance
of attorneys fees would be split between the two entities.
In addition to the unlikely possibility of suit being filed, I do not believe that it would be litigation
which should generate extensive legal fees. Based upon Colorado law, it should be subject to review
of the Town Council actions by way of the Town's Charter, ordinances, resolutions and record.
RECYCLED PAPER
.
We are anxious to resolve this matter as quickly as possible. I look forward to hearing from you.
Very truly yours, _
TOWN OF VAIL
. R. Thomas Moorhead
Town Attorney
RTM/aw
xc: Dick Vermillion
12ESOLUTION NO. 5
SEFtVES OF 1996
A RESOLUT'10N AGREEING 1'O INDEMNIFY STEWART TITLE GUARP?N'TY CO.
FOR AT'TORNEYS FEES.
WHEREAS, the Town of Vail has entered into a Lease Agreement and Development
Agreement with City Market for the development of Vail Commons; and
WHEREAS, the Town of Vail has pursuant to those agreements agreed to provide title
insurance; and
. ~ WHEREAS, in the event title insurance is not available, the Town has an obligation to bring
a declaratory judgment action; and
WHEREAS, Stewart Title Guaranty Company is prepared to provide title insurance upon
entering into an agreement with the Town of Vail to share attorneys fees to defend any cause of
action brought by the "Common Sense for the Commons" Petitioner's Committee as has been
threatened; and
WHEREAS, such an agreement would relieve the Town of Vail to bring a declaratory
judgment action at this time.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado,
that: 1. The Town Manager is hereby authorized to enter into an agreement with Stewart
Title Guaranty Company to share the costs of attorneys fees to defend any action brought by the
"Common Sense for the Commons" Petitioner's Committee.
2, Such agreement will provide that Stewart Title Guaranty Company will be
responsible for the first $7;000.00 attorneys fees, the Town of Vail will be responsible for the
second $7,000.00 attorneys fees and the Town and Stewart Title Guaranty Company will split
equally all attorneys fees in excess of $14,000.00.
3. This resolution shall take effect immediately upon its passage.
IIVTRODUCED, READ, APPROVED AIVD ADOPTED this 6th day of February, 1996.
Robert W. Armour, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\RES01-1,196.5
Resolution No. 5, Series of 1996
ee
e4
!l OD'D'ltl OF D'CJldL .
75 South Frontage Road Office of the Town Attorney
Yail, Colorado 81657
970-479-2107/Fax 970-479-2157
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin
Town Manager
DATE: February 2, 1996
SUBJECT: Town Manager's Report
Lunch with PEC
The Planning and Environmental Commission wanted to invite the Town Council to have lunch with
them on Monday, February 12. This meeting will be held in the Town Council Chambers and will
begin at 12:00 noon. The purpose of this meeting will be to discuss local housing and how the
Planning Commission and Council can best work together to accomplish this important goal. If you
are able to attend please R.S.V.P. to Susan Connelly at 479-2138.
Public Particiqation Workshop
As you are aware, on February 13th we will host a public participation workshop for the Council and
selected members of the TOV staff. The purpose of this workshop is to provide a better
understanding of public participation, to understand specific public participation objectives and
techniques to accomplish these objectives. It is our hope that this session will improve our ability
to manage the various "processes" that we undertake in debating, deciding and implementing
public policy.
This workshop will begin at 8:00 a.m. and will continue until 5:00 p.m. It will be held at the
Evergreen Lodge, and lunch will be provided. We hope you will be able to join us as we believe
it will help you be more effective in dealing with the many complex issues that you will be facing
over the coming two years. For additional information please contact Suzanne Silverthorn at 479-
2115. For your information I have attached a list of the participants for this workshop.
RWM/aw
C:\Townmgcrpt
RECYCLED PAPER
Ci$uzesv Paaticipation Traoning
8 am to 5 prn, Evergreen Lodge
Lunch wilB be provided
FEBRUARY 13 FEBRL/ARY 14
Bob Armour
Sybill Navas
Kevin Foley
Rob Ford
Michael Jewett
Ludwig Kurz
Paul Johnston
Bob McLaurin Bob McLaurin
Pam Brandmeyer Pam Brandmeyer
Community Development Staff (16) Community Development Staff (16)
Suzanne Silverthorn Suzanne Silverthorn
Holly McCutcheon
John Power John Power
Steve Thompson Steve Thompson
Chris Anderson Chris Anderson
Buck Allen
Dick Duran Dick Duran
John Gulick
Mike IMcGee Niike McGee
Jeff Atencio Jeff Atencio
Larry Grafel Larry Grafel
Greg Hall Greg Hall
Jim Hoza Jim Hoza
Terri Martinez Terri Nlartinez
Larry Pardee Larry Pardee
Todd Oppenheimer Todd Oppenheimber
Mike Rose Mike Rose
Jody Doster Jody Doster
Annie Fox Annie Fox
Susan Boyd Susan Boyd
Greg Niorrison Greg Morrison
Jeff Layman Jeff Layman
Corey Schmidt Corey Schmidt
Joe Russell Joe Russell
Dick Gericke Dick Gericke
Linda Moore Linda Moore
Tom Moorhead Tom Moorhead
Jim Vlleber Jim VVeber
Totals: 53 Totals: 28
. SWRTKINS COMMUNICATIO ID:7194759742 JAN 15'96 , 3:51 No.003 P.02
,
;
TOWN OF VA9L
CITY COUINCIL / 5TAFF CITIZEN PARTICRPAT10N TRA11VING
.
FEBRUARY 13,1996
1 I PRE~.9MIN,4R1f SESSION AGE~IDA
gj a.,~ -'S f w~ l vtrQ~t t., Lod9 2 -
J
What as citizen partricipataan?
What it as no$ '
Why is at umporfian~?
How do we know ut wall olnatte~?
Overview of nationa0 research
What DO peop9e exp~ect from Iocal government?
What does prac$ac6ng titazen partecipation mearo?
The pPO's and con°s of making a pubfic tornmetment to citizen
parkecipatoon
Roles and responsabllit'ses
Of @eaders
Of managers and staff
Of G6t6XeP9s
When is citizen partocapation the right approach?
When NOT $o use
When to use
Key questions for ptanning a cotizen participation process fldeertifying.the garoblem To be solved
De-brdef ~f Vaal Cornmons projeet
GPoup work on defaning the prab4em on the West Vail irtterchange
~stabiishang $he °Giveng°
. Group wor~ on estabi6shbng the givens for the llVest Vail Interchange
process
DecudAng who needs to be involved
SmalB grcaaap work on West Vaii Intercharage unterests ! dssues matrex,
and report-out
Determining if aIB people / groups need equal opportunity to be invoived in
the prvcess; ig they a@Q need eqtaa@ attention
S WATKINS COMMUNICRTIO ID:7194759742 JRN 15'96 3:52 No.003 P.03, _
Deterrnining the expecta$ians of each citizen participation process
Setting objectives
Detiding on expectatians and objectives for West VaiR Interchange process
The difference between pub4ic opinion and public judgnnent
Encouraging tonsensus decision-rmaking -
How people's va{ues inffuence the process _
An overview of eitiaen pacYicipa$ia?n methods
General rules af thurnb
Cautions
Setting the tone for citizen participation proeesses `
CammunieatiQns principles
What can go wrong in a process
. Honoring the process when it comes to decision time Saying Thank You
, SWRTKINS COMMUNICATIO ID:7194759742 JRN 15'96 3:52 No.003 P.04
L 0
T0lNN OF VAIL
ST'AFF CIT6ZEN PARTICIPAYl0N TRAINING
FEBRl1ARlf 14, 1996 '
PRELIMlNARY SESStOhB AGENDA
(Ferst b9ock of time ¢n $he mornong is dependent on whether the staif in thi$
sesxion attended the prev6ous day's session; af not aII staff were a# the f-e~b, 13
session, sorrae $¢me welQ need ta be spent at the beginning of this session re-
capping the major points made the previous day).
Review Vail Commons discussion from previous day's session; discuss 9essons
learned
Commott staff mnistakes un tatizen particepatson
Re-vesit the West Vail 9nterchange rnatrix beguro the previous day
Det~rmine additiona6 anterests i issues
Reb6ew how $o u3e $he matrBX
Determine the depth of anterest on the West Vail Interchange
De$ermine the complexity of inforrnation needed
Revaew s$ep4by-step chart og decBsions .
Descuss as a p9anning tocaP
Revoew in c~~~ext o$ West Vail lnterchange project
How to deterrraane $he ser0es of decasions and information needed
FaPPaw a prob9em-solving sequence
Communicatong techniea8 informataan Develop a proeess p9an for West Vail Interehange
Review chec9clist for designang a citszen partitipation process
Review o$ dtizen paetacapation methods
Se9es:tt methods ~o use on West Vail Interchang~
What consensus decasivn-ma9cing oooks Dike
The am~ortance of 9istening for the vaiues peop0e hold ,
Checkang $he pToces$ wsth rutizens
;
~
,
I
i
~
S WRTKINS COMMUNICATIO ID:7194759?42 JRN 15'96 3:52 No.003 P.GS. '
J
~
Preparing the wPitten plan _
'Communications, internally andl eacternally
Specifits about meetings
Inviting people
Logistics
Amenities
Room set-up
Agenda
Group meunory
Response $orms
. k Specifics about deliberation and consensus
Preparing electecf officials for the final decision
Communicating fihe decision
Saying Thank You
Evaluating the prmcess
~
I
i
~
I
f
I
• ~
CY
Ollicc af thr, lumird o( Cc>mmi,,siuncrti li,11:1v_ C.otuilv RuildinY
' (970) 328-86{15 I10. ljox 8.50
Fax: (970) 328J207 , tip0 iiroadway
'17)I): (970) 37.H-H797 I;'sklt•, C cvlon& 8163I-(185(1
. -
JaY1lJaP'y 34, 1996 - 12:28 .
EACcE CocWY, CoLoR,A?~O
/VGENDA -
BOAR F COIJiVTY COMMrSSIONERS
R MEETING DAY
FEBRUARY 59 1996
b O 1} A q p i} ttr 4 d Q q p C C~ A A d Q b O t} A Q 0 6 4~ b A EY 8 d O 4{f '
llo 8.30 ° 10:067Y WORQO m7ESS1V,9 ° ~~~~~~G UTIV/"@0!!?la
James R. Fritze, County At4omey 90e00 - 1016 B13EAK
2. . 10095 - 99a19 WORK SESSION -WEEICLY IIPDATE
30 9t016 - 92v00 WOFtK SESSIpIV = NIEETINGS ATTENDED
12:00 - 9:30 LUNCH
.40 9:3@ = 9Aig CONSENT Ci~~~~DAR
11emofiB roWne and oon-madoverslal nature eare Placed an the conssnt wlondar9Q allow nre Bowd of Cmunh Commissbmeam apend
tte WelA end aneMy oFi mote trnpolfant lt9ma an m bn8lhy agende. dlny Commleslonm 11a1y roqueal lhot an ketn ha "REMQVEO" (wm
1ha mnaentcalenderand oonaWered soparatolg. Anq memberof lhe puhlic mog'REQl1E5T' eny Item be'REMOVED' hom the Consenl
Agenda.
BILL PAYING FOR THE WEEK OF FEBRUARY 5a
1996
Linda Pankuch, Accounting Mark Silverthorn, Con4rolter
AC'TeOKa Approval scabject tv review by the Chairrrean_
i~. RETIIINER AGREElNENT BETWEEN EAGLE BOqRD
OF COIJNT'tf COMMISSIONERS AND TNE EACLE
C0UIVTY 130ARD OF SOCIAL. SERVIGE$
Kafhleen Forinash, Health & Fluman Services
ACT1ONo Consider approval
Eagie BoardJ of County Commissioners
, Agenda, Februaty g, 9996
Page 2
AGREENiEN~ ~ETWEEN THE EAGLE BOARD OF
CO11N7'Y COMMISSIONERS ON BEHAI.F OF THE
EAGLE COUNTY ATTORNEY'$ QFFIGE AND THE
EAGLE COUNTY DEP/yRl'MENT OF SOCIAL
.SERI/ICES FOIt CiiiLD SIJPPO1tT EIVFORCEMENT
COOPERATII/E 1zEIMBURSEMENT
bCathleen Focinash, pigalth & Human Services
AC4'9OK Consider approval .
~o F9NAL ItELEASE OF COLLATERAL. AIVD
TERAAINA'110N OF THE YVARRAN7'1P PERIOD FOF~ HAtM01VY VIE{M SUBDIIIISION, EILJNG 2
Mike Gruber, Engineering
ACT~ON: Consider apprmval 7EIIAS N THE RECCyRD
9.Aa - 1e5@ F9NAL SETTLEwAENT VUITFB WAl'EitFORD
CORPORA77QN
Jim EIwood, Eagle County AiPport
r~CTION: Consider approval
~d 1e50-2v00 APPRpV/AL OF COfUNTY RQIID S'YSTEM CFIAPIGES
Brad Higgins, Road atrd Bridge Department :
ACYBON o Consider appraval
~lo 2o00 _ ~~S tAGLE COIJPITY BOARp OF HEALTH MEETING
Sarah Schipper, Nursing Services
Kathleen Forinash, F9eatttl & F9uman Seavice~
2:45 - 3_00 BREAK
3:0@ - 4s00 ~GLE COlllliTY BQARD OF SOCLflL SER1/IC~S
MEETIN8G
. Kathleen Forinash, Health & Haaman Services .
4o00 - 4e30 WORFK SE551ON m 9NTERIAA AUDIT FtEPORT
Allen Sertin, Finance Department .
403@ -4.59 RESOLUTION CASH eN LlEU OF SCF980L LAPlD
DEDICl17IOIV
Bteith IVlontag, Cornmucrity Devetoprnent
THE P1EXY MEETIPIO OF Yp1E EAGLE COUiyYY COMMISSIONERS UNLL BE MELD Ohs FEBRUARY 0, 9995
ul At~ETIrG.s MLl BE HELo ~N THE FAGLE couNTV BuiLpINO - 6D0 eRawwAY, EACdLE- Ora oTMEpWISE N04ED.
TOiIS AGEAIDA IS PROVIDED FpR INFORAAA710NA1 PURPOSES ONLV - ALL TIMES A(tE APPROXWATIE.
THE BQARb W1LE IPd 3ESSIOw MAV CON910ER oiHER ITEMS THAT AreE 15ROUGHT BEFORE rr_
(::111icc ol thc Bn:ird ti) Gmtim;:ciune.-i. 1:agIc (:Ouinry Building .
(970) 328-4605 f'.() fim 45O
Fax: (970) 313-7107 - • -~(1(1 liroadway
Tl*)I')_ (1.)70l 328 •'i797
- ~ li,10c. t. nlnr:ldt) li I(ii 1.(1`{-iU
~~GLE COUN1'YQ COLORADA
Januaryy 30, 9996
~~~~DP%
BOARD F Ol1NT'1( CQIVIlUtlSS1ONER~
~~~ULAR MEETING DAY
FEBRUARY 6, 1996
o a o 0 o a a a a o a a o 0 o a o 0 o c a c a o a o a sr o o a o 0 0 o a a c
UQllOR UCENSE FIE,ARINGS
A. RENEVYAL WITFi El(TENQED HOl1RS & OpT1pNAL
PREMISES a MOGl1L MANAGEMENT, INC.
, dbe/91YA1T RECENCY AT BEAVER CREEK
EL. RENEWAL OF 3.2% OFF PREMISES - TF9E
CUSTOMER GOiVIPAfVY dba/FOOD & DELI 403
(ANN'S MARKET)
C. RE[rC11•AL ° IY1ARKQ'S P~[ZZGRIA or EDVY/'1RDS,
INC. dba/MARKQ'S
0. REIVEWAL = THONIAS J. DOMENICO dba/PIER 13
L1QUORS
Earlene Roach, Liquor lnspector
ACTUONo Consider approva9 .
2. 10.100 - 6~0 WORK SESSION - IiDMINISTFtATORlPRO.lECTS
Hotel Calorado, Glenwood Springs
. - ~
(7Fficr o( tiir R(iard of Commissinn~~I~, I:,aRlc <.:ounty Iluildiiig
(970) 328-8605 Ri). Rc,x 8tiu
Fax. (')YU) 328-7107 . . Spp 13roadwiy
II>f): (970) 32$-8717 tia};la, (:alurndo 81611 (1851)
.l .
February 2, 1996 - 10:30
EAGLE C0[INTY, COLORAD~
A1UI EIV DE
AGENDA
BOARD OF IJIVTY COMMISSIONER~
~ ~~Y
FEBRUARI( 59 1996
G O O 4 O G 4 O 4 O p C Q O p{} {J {y tr{} {i {7 p Q A A A d Q d Q p O R O 6 G
Do
99. 4:60 - 4:55 I~OWER OF ATTORNEY WITH RECARD TO UBRAitY
D1STRICT
Mary Jo Berenato, Attorney's Office
ACTION: Consider approval
920 4055 - 5o00 LETTER OF INTEIVT TO THE EAGLE COUNTY SIiERIFF
REGARDING FUNDS TO BE PRQdIDED FpR THE RAD80
NETWORK
James Fdfze, County Attamey
ACTIONo Consider approval
YHE PIER4 MEETIPdG OF Y6iE IEAGLE COt1PI71f COMMIS610NER5 U{ALL BE HEID QN FEBRUARY 8, 1899
ALL RAEET1iNGS IRALL BE iiELD IM iHE EAaLE COUPITI' gWLpING - 500 BROADWAY, EAGLE- OR OTHERVNSE NdTFb_
YHIS AOENDA IS PRpv1DED FC)R INFORMATIONAL PURP09E3 ONLY - ALL 71dE3 ARE APPROXIMATE.
THE B0ARD 4flIHILE IPf SESSIOPd MAY CONSInER O7FER I7F1w51T1AT ARE BROUOFir BEFORE IY.
,
(~~.c;l,.p ' d•1-~~ V .
.
LETT RS
~ -
Avogg tyra~'jjc p~ee~ ~~ye aq~d~ed would encourage the town's leaders nsider a numUer
~
On behalf of everyone at Coloracio Aqountain Express, of alternatives to help mitigate Avon's No. 1 problem:
f. I want to take this opportunity to recognize and express Roundabouts may or may not be the answer, but with
i our gratitude to everyone in the Town of Vail government a proposed development (Avon Village) that wouid
i who risked, and indeed, endured significant scrutiny and more than double the size of Avon, we need to consider
I criticism over their decision to construct a roundabout at
a range of alternative new roads in Avon that would link
the main Vail interchange. Avon's existing btisinesses with the planned new devel-
~ For 14 years; the four-way. stop has tleen a nemesis to opment. '
t our drivers and our business. Anyone who has lived in this ~~,~,e as a community must rely on narrow and already
' valley, or operated a business that relied on efficient trans- congested Beayer Creek BoWevard to enter and ezit any '
gortation in Vail, endured years of frustration during peak new development, for even a short period of time, grid-
traffic hours and frequent winter storms. The roundabout, lock will ensue, hurting.every business in Avon. Let's
•by all indications from our drivers, has significantly eased look at alternatives that provide ample access and egress
traffic congestion and made Vail a much better place to
visit and do business. ~m any new development so d~at we can meet diis grow-
In short, congratulations are in order for the Vail Town mg pr°blem with the same.courage and conviction that
Council members who supported.tlus project, and in par- has made the much-maligned Vail roundabout an unqual-,.
ified success.
ticular, for town managez Bob McLaurin, public works S. Walker "
director Larry Grafel and town engineer Greg Hall. g'he Founder, Q:olorado Niounfain Express
mundabout is a godsend for Colorado Ivlountain Express . and for the thousaads of guests.we bring to Vaii each week
who no.longer need 4o withstand the uaffic tie-ups oftlte ~oll
four-way stop.
While has taken a step in th ' e right direction to solve L,epers to the Editor should inclvde a signature,
traffic issues, traffic in the Town :of Avon continues ta address and phone number. The Daity reserves We
worsen, maldng it more and more difficult for local busi- right to edit for spelling, punctuation and gcammar:
nesses to thrive and causing many locals and guests to Send letters to P.O. Box 81, Vail, CO $1658. Or b-
avoid Avon altogether. " mail your ietter to vaild@vail.net
With.a_ne%}':qaster glan t~?~,Yv4rks io x9I .we.
Post-it' Fax Note 7671 Dare
' To L ~ ~ # of p
JUr From Pa9es ~
Co./Dept. Co. 71 CL
Phone #
Phone~
Fax # 70 - ~l7 9 -
Fax#
a
Rocky Mountain News Mon., Jan. 29, 1996 ~
~C r
C-to ~
' We oRoiral flN
ike Mton, State Editor - 892-2327 > e-mai{ - state@denver-rmn.com
@ftlor8carag c9ass makes atse9f at home ouu @lai6 City Counca@
°
N~hw C'=~ c~O , push
T..
for na~~~~da~lttn~; bomsing-
117
W `17. C 1 ;,~c~%
1'yy r L :4 .
By Deborah Frazier questioned the need for dueling groceries. They also
Rackv A1oirirtam news Sta/~ IVsites ~ scrutinized pro-City Market Councilman Merv Lappin, V y~ F~~ x> y~~
who had soid land to the coinpany for a new store m
VNL- Getting elected to City Council was easy for Eagle. ~Y Kevin Foley - a lot easier than finding a place to live on $ut, along the way, the council turned down three resi- ~ ,~`yf~~ ;a ~
waiter's tips. dent petidons against the deal on technica( grounds.
Foley, who works at Montauk's Seafood Grill, began his "It caused an overthrow,° Milce Jewett said. The Safe-
politica] career this month - along with a grocery clerk H,ay grocery clerk won a City Council seat in a field of nine ;P,. ; ~and a ski instructor. Vail's vanishing working class rallied
to ut them on the seven-erson council. candidates withou[ much campaigning. "The Commons 3': • ~
, K~-'•' P P issue brought out the way the council did business, and r~ , f r~
Keal estate a ~nts, semi-retired executives and
S' people didn't like ik."
weal[hy residents who work part [ime have run Vail's Jewett moved to Vail in 1978 and bought a price-con-
town council (or years- and still do. Sut the [riumvirate ti-olled condominium -a rarity. Since then, he's seen -
o[ toilers plans to shakc things up by shiaing a spotlight on friends have tamilies, outgrow their homes in Vail and be
the area's dearth of affordable housing. `
"A lot of the past councii members, you neeer saw them unable to afford anotherplace in town.
i Now, in keeping'with his proletarian ethic, he declined
out walking around town or on the buses," said Foley, a,. the fre`e ski pass that comes with the council office. • • r:
16-year residenL _ - • " The fourth new council member, Rob Ford, is a real
Foley, who takes estate agent who is devoting most of his time to governing
Q~°~~„~~~~ JOU~ yNAQ, ca re o f a h o u s e f o r Vail. absentee owners, "j didn't like the way the town was heading," said Ford,
~W lives in a home he who wants Vail to remain the nation's to resort. "Afford-
could nevez afford. able housing is important. It will bring the business in that
. .
Most homes in Vail
~j~ .4, we need to be competitive: ' y~ ~1
~ 0 Denver i,,, - 72,4%- are sec- The town's 1996 6ud et is $27 million, artiall ener-
~1Vall ` ond residences. g p Y g •
ated by the 6ehemoth parking garages. Foley, who relies Unda McCOnnelVRocky Mountain News
`
Prices run from on the free buses and walking to get around, has said for Restaurant wofker Kevin Foley, a 16-year Vail resident, ~
$500,000 to $5 mil- years that cransportation should get more of the budget won a seat on City Councii
Ny r ` x lion, far beyond the
reach of small busi-
d..~,~.:....rr.~..:.w~.:+u..+~,..,... ReSS OWIIEIS OC'
hourlywageearners..
The town's firefighters, police, accountants and top
managers live m Eagle, Edwards, Avon, Gypsum and
-17
Leadviile. One-way commutes of more than an hour ue
common, especially in the winter.
Thus, "affordable housing" is the correct answer to
most questions about Vail's future, including how the ' ~ , ' . , F„1,;?'~~ ' a '~i t~ r`
sophisticated, affluent community e proletarian e r * °``ur. ~.r• r,~ r
trio in November. The town has o y 950 re istered vot-
We want the issue of housing solved so that Vail is still
a communitY, not Just a resort," said businessman 5teve °»xr ~ ~ ~ ; ; „ , r ` •
Stockmar at the Jan. 16 council work session.
Vail is aging. Founded in the early 1960s, the 30-some- .r b ~ ~ ~ u+ ;;thing town is losing the pioneers who took a gamble on
the ski area's prospectus. ~M 4• ` ~
The resort has spread down the Eagle River Valley like
a juicy rumor during [he past two decades. The eazly set-
tVers, now in their 50s and 60s, are selling out for prmcety a£ F '`..x, r ~
prices and retiring elsewhere.
IYs a sign of the times that newcomers are leveling the
old Bavarian village-style homes to erect mansions of
stone and glass. It's tellmg that Vail voters (ast year • ~ -
rejected a proposed cemetery.
Vail, after all, is a vacation place, not a final resting
place. v
In recent years, Che City Council has asserted itself
against animal trapping and assault weapons. But not
much has been done about the need for affordable hous-
~,~F+t4lny~r'~ "R
ing.
The laborers Grst coalesced in 1992 when a hotel desk ~t ~ q ~y ~ ` ~r ~ , t ~ ~t~``,'~~ '
clerk beat a successful real estate agent for a seat on the ~a ~ a~"`~ . ° 41
~";sr~- F ~ .r~•
Eagle County Commission. Last year, the scramble s[arted when the council
p{anned to lease part of the Vail Commons in IVest Vail to ~a
City Market. Vail bought the 6.6 acres in 1993 for afford- u~da Moco~~eva~~ Mo~~~~~ rv~~~
able housing or'bther uses." Pazt of the land is being .,;k.
developed for condos and townhomes starting at Safeway grocery clerk Mike Jewett is orie of three working-ciass people who won seats on Vail City Council. Jewett,
$107,000. , , who moved to Vail iri11978,ihas seen the problems pricey housing cau§es fo? the town's working-class residents.
'the local Safeway is less than a block a;way. Residents
t
( )Ifiue ul thc 1{.-Iy;lc <:uwmry lhiildmi:
( .uunty ManaRer
P.O. lfnx :I 51fl ~ 1 ~
(7'IU) i?K •kh(N ylk) IIflA1dW:1V y~
Ftx.l')'/(11 418 72117 I;~~{r:.(.ularodnlSlhil•ORSU
ll )1): !`17f1) 32R-y7H~'I _:r . ,
EAAGLE qD1IPdTY, OLQD1tADU
rrom the dL-,k oj.luch W. 1nlJstud .
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Nictnolas J Frain, 06:17 PM 1./26/96, ]Ite: SAI.ES TAX ~
Return-Path: 102002.3074 @compuserve_com
Reply-To; 102002.3074@compuseive_com
Date: 24 Jan 96 18:17:12 EST
From: Nncholas 7 Frain <1020Q2.3074@compuserve.com7
To, Jack ingstad <eagleco~a7,usa.net> .
Sutiject: Re: SAI.ES TAX
X IJmL: 822700365_000 Mr_Ingstad, Thank you far re.qpanding to my e-mail regatding the "sales tax" imposed on aur goups lodging. I feel like restitution has been made. I received a checlc for
a $7.00 from someone on thc Eagte County Board. Even though the money wwasn't the
issue I feel Eike the response to my dispieasure has been met adequately.
Thank you Again
Nicholas J Frain
I . .
Printed ffor eagicto@usa.net (Jack Ingstad) _ _ 1
17:1@ PRaIJ:TaWK OF vAaL xm:3034782a67
, .
Da
~r~ a.~ ~ .
75 Sowia grrmwg?e pAad
,
3/catZ Colora& 81657
-
9706479-2JO0
FAX 970479-2I 59
PC" Fax Note ro~l pagall,
Januaey 15, I
.
Wholas FrWn , .
1309 Potk StreeY . .
lrtdiatapolis, 8N 46202 , .
. Mr. Frain: . .
Thank you ~~k L-icing ft. b me to e-mW9 us with your eoneerns about tlte'County tta[f-cent .
sale~ tax which becatt~~ offecUve Jatluaty 1. d'm 5ure 1°d feel the 5ame wrdy if I were in
youp shoea. No one war?ts to ted as if ihey're being gouqedo
'fihe 5ta.te oP Coloaado, haerdevor, hwos- aslced ehat wre coifect the addi#onsf•W en behal
o9 Eagle Couraty fo r any saaes or bafaraces which are efiectiv+e on or aftet Jamaary 1.
Because 1woaald hate go see this earcuanstance cause you and yaur group to havd an .
unpieasar+t -experier?ce irt Va+t, ! have enclosed a personai check ro reimburse you. i
rea1oze you were wguing 4he princsp@e o# the situadon, rather thaae the money. tlawever,
`at is my hope you'1l s6e thes aC~on as a genuine pffort t0 ensure thQ goddureil of our
communi$y. .
Than9c you, agsan, fot sharing your contems with us. I hope you not ortly enjoy your.ski
erip ¢o Va.i~ th1s vienter, but return eo expePience an improved 4ran$poRBtion system as a
resuh of the new tu. lff 0can help you with.anythiriq else durinp yswr sLay, please teei
free to contaCt me aY (970) 473-2116. .
SiP4cQrely,
arr 9 ' es#hcoi rme
Co[YID'llunaty If9fOLmdt1oR QffiCe .
EnC. . 7~~~ t~cscr~roPa~~3 • .
~ o
Town of !/ail
Sales Tau Es86eroataon !Alorashes4
1/25/96
% Change % Changa
1NS HUdgBf Iro!?1 /rpm
AAordh 104 ims ism ise~ 19W 1999
1990 1991 1902 1993 1994 aoaeer Esrxnam varAwnce 1994 u
a:~;::.:a>:•;:•;:~;;;:~::•>:~;;:~;::.r~;:-;:~;:x•;:•;:-;;;:<.:~:~;;:<.;:~;:~;:~x.;;:~;;:~;:~;;:~:_:~;:~;:.;>;:~;:~;:~;:::::::::.~::::::::.:~ .
::z::.:;;•>;::.;:~;:.:;:~;;:~;:.:;:•:;:~:;;:::.::~::.;:. ~ dget
::;~y;:::;::;:;:~;::;:~::~:~;:~:~:::i;;:~:~:~::~::i:~:~:::::.r`;..>.
Janua 742,262 881,304 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,869,600 1,892,918 23,318 4.83% 1.25%
Februa 824,650 918,154 946,552 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,883,100 1,814,428 68,672) 0.00% -3.65%
AAarch 1,084,814 1,187,520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,326,900 2,137,619 (189,281) -5.02% -8.13%
A ril 481,204 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 820,500 789,400 31,100) -0.66% -3.799'0
Ma 166,200 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 296,000 322,989 26,989 12.42% 9.12%
June 262,696 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 564,900 588,993 24,093 7.32% 427%
July 406,462 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 928,100 891,794 (36,306) -0.12% -3.91%
AugusQ 402,792 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 928,100 865,436 (62,664) -2.93% -6.75'/,
S tember 384,864 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 753,200 644,486 (108,714) -11.13% -14.43%
OcYober 206,248 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 417,000 458,298 41,298 12.22% 9.30%
November 310,588 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 605,300 608,446 3,146 2.35% 0.52%
December 306,758 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 2,057,702 1,983,234 (74,468) ~
a
-0.48/
° _3.62/0
.
Total 6,179,538 6,481,608 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,450,402 12,998,041 -452,361
(
0
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TOWN OF VAIL
75 South Frontage Road
Vai[, Colorado 81657
970-479-2100
FAX 970-479-2157 FOR BMflA~DIIATE RELEASE January 24, 1996
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
. > 7EN cCOMMUNOTY NIENIBERS NEEDED TO SERVE ON
TOWN OF !lAlL B4ARDS A1VD COINnAISSIONS
(Vail)--Ten positions on five Town of Vail boards and commissions will be vacated
and available for appointment by the Vail Town Council next month, assuming
someone steps fonward to volunteer. Public notices are being published this month
announcing the 10 vacancies and inviting citizens to apply for the positions. In recent
years, the town has had a tough time recruiting citizens to volunteer far the seats, in
part, becakise of time demands and Vail residency requirements for most of the
positions. To help compensate for the voluntary seats, the town offers a benefit
package that includes a summer recreation pass or blue parking pass for many of the -
pasitions. Also, a merchant ski pass is given to members of the Design Review Board
and Planning and Environmental Commission, due to the large investment of time,
about 10 to 15 hours per month.
There are two vacancies on the Design Review Board, four openings on the Planning
and Environmental Commission, one vacancy on the Housing Authority, iwo open seats
on the Art In Public Places Board and one opening on the Vail Valley Marketing Board.
Appointments will be made by the Town Council following an interview with the
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TOV Boards & Commissions/Add 1
applicants.
Anyone interested in serving on any of these boards should submit a letter of
interest and any relevant experience to: Vail Town Council, Attention Holly
. McCutcheon, Town Clerk, 75 S. Frontage Rd., Vail, Colo., 81657. Applications are
due by 5 p.m. Feb. 14. Here's a brief description of the citizen boards:
Design Review Board (DRB) .
. ~ Applications for the two, finro-year terms, are due 5 p.m. Feb. 14, with interviews and
appointments taking place Feb. 20. The five-member DRB reviews new structure
designs, remodels, sign requests and landscaping. Meetings are the first and third
Wednesdays of each month. Meetings begin at 3 p.m., preceded by project orientation
and site visits which usually begin around noon. The DRB reviews approximatel;r 300
applications per year. For additional details, contact Susan Connelly in the Community
Development Department at 479-2140.
P/anning and Environmental Commission (PEC)
Applications for the four, two-year term vacancies also are due by 5 p.m. Feb. 14, with
interviews and appointments on Feb. 20. Duties of the seven-member PEC include
. review of variances and.conditional use permits, special development districts (SDDs),
subdivisions and rezonings. The P.EC meets the second and fourth Mondays of each
month. Meetings begin at 2 p.m. in the Vail Municipal Building, preceded by project
orientation site visits which usually begins around noon. The PEC reviews
approximately 120 applications per year. For additional details, contact Susan
Connelly in the Community Development Department at 479-2140.
Housing Aufhority
Applications for this vacancy are due by 5 p.m. Feb. 14, as well. The term of office
currently is for five years but may be modified by the Town Council prior to the
appointment. The Housing Authority meets Tuesday mornings, as needed. Nieetings
usually are held at 8:30 a.m. in the Vail Municipal Building. For additional details,
contact Andy Knudtsen in the Community Development Department at 479-2440.
Art In Public P/aces (A/PP)
Applications for the two, three-year term vacancies are due by 5 p.m. Feb. 14, with
interviews and appointments by the Town Council on Feb. 20. Duties of this board
include developing a diverse, high quality art collection and public art program unique
to Vail. AIPP meets the first and third Mondays af each month from 8:30 to 10 a.m. in
the Town of Vail Community Development Department. For addition details, contact
Kathy Langenwalter at 476-4506.
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TOV Boards & Commissions/,4dd 3
Va69 Va99ey Ma?'keting ~~ard (4!4lMB)
Applications to fill an unexpired term ending January 1997 are due by 5 p.m. Feb. 14
with intenriews and selection by the Vail Tovun Council to follow on Feb. 20. This is the
only board position which daes not require Vail residency. The VVMB's mission is to
strengthen the area's economy by attracting visitors to the Vail Valley in the May-to-
October season. Nieetings are scheduled according to workload. Currently, the board
meets the third Thursday of every month at 7:30 a.m. Nieeting places alternate
between the Vail and Avon Niunicipal buildings. For more information, contact VVAAB
Chairman Ross Boyle at 479-9164.
In addition to the citizen boards described above, the Town of Vail relies upon the
-
five-member Local Licensing Authority (liquor board) and the 12-member Town of Vail-
Vail P?ssociates Community Task Force to supplement its operations. For a complete
list of citizen board and commission members, contact the Community Information
Office at 479-2115. # # #
~
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TO~ O~ v~~L
75 South Frontage Road
Vail, Calorado 81657
970-479-2100
FAX 970-479-2157
FOR BflflMEDVA~~ ~ELEASE
January 24, 1996
Contact: Kathy Langenwalter, 476-4506 Nancy Sweeney, 479-9794
AIPP Chairman AIPP Coordinator
!lABL PUBUC ART BOARD NAMES NA?PVCY SWEENEY AS COORDIPVATOR
(Vail)--Nancy Sweeney, a national arts consultant who specializes in project
management, has been named coordinator of 4he Vail Art in Pubfic Places (AIPP)
program. Sweeney, who has lived in Vail since 1993, was selected by the AIPP board
effective January 15.
Sweeney is responsible for grant writing, fund raising, project management and other
assistance to the public art board. Kathy Langenwalter, AIPP board chairman, said the
group is excited to hire someone of Sweeney's caliber. "We're fortunate to have
someone with Nancy's knowledge and background to help us develop our public art
" projects in Vail," Langenwalter said. .
In addition to her part-time A{PP duties, Sweeney will continue to serve as program
director for the California Tamarack Foundation in San Francisco, a position she has
held since 1992. The Tamarack Foundation supports visual and performing arts,
among other areas of focus. In addition, Sweeney's 12-year experience includes
marketing, acquisition and collection management for several San Francisco galleries,
plus the Gaferie Daniel Templon, which specializes in contemporary art, in Paris,
France. While in San Francisco, Sweeney also provided art advisory assistance to
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AIPP Coordinator/Add 1
corporations, businesses, architects, designers and private clients. There, she was
responsible for several large-scale sculpture projects, which included working with
various government agencies under the percent-for-the-arts legislation. She earned a
humanities degree at the University of Colorado in Boulder in 1983.
Sweeney relocated to Vail with her husband, Thomas Salamunovich, when he was
named executive chef at Sweet Basil. They have two children, Jackson, 3, and Leo, 11
months.
"I'm very pleased to join the effort to help build Vail's public arts program," Sweeney
said. "My goal is to help spread the word that this is an active program. The town's
commitment to continue beautifying the area and to add to the intrinsic value of this community is outstanding."
One of AIPP's next projects will involve commissioning an artwork to be installed at
Seibert Circle in Vail Village. The popular pedestrian area, named for Vail founder
Pete Seibert, will undergo renovation in the near future. The project will involve a
combination of private and public dollars,
The AIPP program was created by the town in 1989 to develop a diverse, high quality
art collection and public art program unique to Vail. Since then, six pieces have been
acquired, including the glass sculpture "Exuberance" at the Vail Transportation Center.
Currently, the Town of Vail art collection includes 11 permanent pieces. The AIPP
program also includes an ongoing temporary art program with various pieces on loan to
the town. The AIPP coordinator duties had previously been handled by a staff member
from the town's Community Development Department. It was shifted to its present
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AIPP Coordinator/Add 2
status during a departmen4al reorganization.
The nine-member AIPP board meets the first and third Mondays of each month.
Board members are: Kathy Langenwalter, Brent Alm, Alice Cartwright, Jim Cotter,
Kevin Deighan, Kevin Foley, Lolita Higbie, Ken Robbins and Nancy Rondeau.
. ~
For more information, contact Langenwalter at 476-4506, or Sweeney at 479-9794.
# # #
ee
e4
TOYa1d OF ~lflIL
75 South Frontage Itoad
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157
MIEDOA ADVISORY
January 23, 1996
Contact: Suzanne Silverthorn, 479-2195
Community Information Office
" RODERSH9P UP ON GYPSIJIIA-TO=VeAIL EXPRESS
Ridership on the Gypsum-to-Vail Express is up slightly this season, compared to last
year at this time. The number of ski season passengers for November and December
totaled 2,512, compared to 2,284 riders in 1994. The Express has been carrying an
average of 63 passengers per day this season, connecting residents in Gypsum and
Eagle to their jobs and activities in Avon and Vail. However, on heavy snow days,
ridership nears the 100 mark. "VVe've seen an increase in the number of employers
who are purchasing tickets for their employees and the number of students who are
using the bus to take them to the ski areas," said Suzanne Silverthorn, who handles
ticket sales for the system. Ski season service began Nov. 20 and vuill continue
through the end of ski season, April 14. Two buses are used to provide the daily
service. The route begins in Gypsum at 5:45 a.m. and 6:45 a.m. with stops in Eagle,
Avon and Vail. Afternoon departures from Vail and Avon begin at 4:30 and 5:30 p.m.
Express tickets may be purchased for as low as $2 round trip from participating
employers. The service was launched in November 9994 through a partnership
between Eagie County and the Town of Vail. Since then, more than 15,000
passengers have been served in its 13 months of continuous operation.. Following
passage of the half-cent county sales tax for regional transportation, the system will
now be governed by the new regional transit authority.
SPE=ll. EL~CTBON IS TUESDe4Y IN VA9L
Polls will open at 7 a.m. Tuesday (1-30) in the Niunicipal Building for Vail's special
election to fill a mid-year term on the Town Council. E.B. Chester and Ludwig Kurz are
running for the vacancy, created by the IVov. 27 resignation of former mayor Peggy
Osterfoss. The newly elected councilman will be sworn in on Feb. 6; the term of office
will run to November 1997. Kurz tied for fifth place in a 10-person field during Vail's
regular municipal election Nov. 21, while Chester finished sixth. There are 3,616
residents registered to vote in this election. The last day to request an absentee ballot
is Friday, Jan. 26. In the November municipal election, 982 votes were cast, or a 28
percent voter turnout. Vail Town Clerk Holly NlcCutcheon says election results will be
announced shortly after.the polls close Tuesday at 7 p.m. For more information,
contact NicCutcheon at 479-2136.
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FRIDAY IS LAST DAY FOIR CHRISTMAS TREE RECYCLING IN VAIL
Friday (1-26) is the last day for curbside Christmas tree recycling in Vail. If you'd still
like your tree to be picked up for recycling, ptease place it out along the roadway. Be
sure to undecorate the tree and leave it whole (not cut into sections). In previous years, 1,700 trees have been recycled in Vail, netting about 209 cubic yards of mulch
to be used by the town's Public Works Department. For more information, please call
the Public Works Department at 479-2158.
# # #
. ~ _
,
4IIL
TO~I 75 South Frontage Road Office of the Mnynr
Vuil, Colorado 81657
303-479-2100
FAX 303-479-2157
January 23, 1996
The Honorable Dave Wattenberg
Coforado Senate
State Capitaf Buiiding
200 East Colfax
Denver, CO 80203
RE: SB 96-4811-ocal Government 1041 Autharitv
Dear Senator Wattenberg,
On behalf of the Town of Vail, I am writing to request that you take a strong position of
opposition to SB 96-48 and any other amendments to "1041" that limit local authority. The
Town of Vail is in a position of vigorous opposition to this bill as it runs directly counter to local
self determination. People involved in the Smart Growth effort over the past year have stressed
the importance of providing local government with the tools to effectively manage growth. The
1041 powers provide a critical tool in managing growth. These powers will be severely .
compromised if SB 48 becomes law. The Town has the following specific concern regarding
this Bill:
1) The Bill would prohibit a municipality or county from denying a permit for a public
utility project. This means, for example , that a project sponsored by a public utility
would have to be permitted regardiess of the impacts to the local economy,
environment, or pubVic safety.
2) S.B. 48 would prohibit all municipalities or counties from regulating roads, public
ways, public buildings, or public utilities proposed by another governmental unit. This
would enable a special district or another town to locate a utility, road, or building in the
boundary of a another governmental entity without regard to the impacts or existing land
use plans.
We know you share our belief that local government officials need to have the authority to make
decisions locally on issues that directly affect their constituents. Several provisions of SB 48,
would undermine 1041 powers and diminish local authority. We believe 1041 is a valuable and
needed tool and we look forward to working with you to prevent SB 48 from becoming law.
Thank you for your time and consideration on this matter.
Sincerely,
Bob Armour
Mayor
~ xc Governor Roy Romer
Honorable Jack Taylor
Vail Town Council
dd
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TOWN OF VAIL
75 South Frontage Road Office of the Town Attorney
Vail, Colorado 81657
970-479-2107/Fax 970-479-2157
January 24, 1996
The Honorable Dave Wattenberg
Colorado Senate
State Capitol Building
200 East Colfax
Denver, CO 80203
Re: Senate Bill 96-10/Telecommunications Industry Legislation Limiting Municipal Right-
of-Way Authority _
Dear Senator Wattenberg:
The purpose of this letter is to express the Town of Vail's strong opposition to Senate Bill 96-10.
This legislation will restrict the ability of local authorities from recovering the cost for the use of
the Town right-of-way. •
At the Town of Vail we have recently negotiated a fifteen year franchise agreement with TCI
which will produce an annual revenue of $109,000. This franchise fee is five percent of the gross
revenues raised by TCI and enable the Town to underwrite some of the cost of the local PEG
access channel. The annual revenue received by the Town of Vail from U.S. West for use of the public right-of-
way is $38,000. At a time that the Town of Vail is experiencing flat revenue the ability to charge
appropriately for the use of our right-of-way is critical. To provide for rent free use of public
property as is true in SB 96-10 is not appropriate and only creates a special benefit for the
telecommunications companies. The Town of Vail strongly and respectfully urges your opposition to this legislation.
Very truly yours,
TOWN CIF VAIL
l~
R. Thomas Moorhead
Town Attorney
RTM/aw
xc: Vail Town Council
Jeff Wilson, General Counsel, CML
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t
dd
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TOWN 0F ~AIL
75 South Frontage ltoad
Yail, Colorado 81657
970-479-2100
Ff9X 970-479-2157
MEDIA ADi/ISORY January 24, 1996
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
. a @lAOL TOWN COV9NC9L H9GHL9CHTS FOR JANUARY 23
Work Sessoon Briefs
Council members present: Armour, Ford, Johnston, IVavas
--Employee Recognition
6Craige Kinney, a technician in Vail's Fire Department, was recognized for 15 years of
service to the town. He received a check for $ 1,000 from the town manager and a
certificate of achievement.
--IVew AIPP Administrator
IVancy Sweeney was introduced as the new part-time coordinator of the Art in Public
Places program. She'll be responsible for grant writing, fund raising and other
assistance to the public art board. For more information, contact Kathy Langenwalter,
AIPP chairman, at 476-4506.
--Overview of _Category III EIS and the TOV/VA Agreement
The Council heard an overview of the proposed Category III expansion of Vail
iVlountain. The proposed action involves expanding the ski area by approximately
1,000 acres to gain north-facing intermediate terrain. The U.S. Forest Service is
currently reviewing the action and has prepared a draft Environmental Impact
Statement (EfS). The EIS is intended to identify and analyze the environmental
consequences of the proposed action and alternative actions to assist in a final
decision to be made by forest supervisor Sonny LaSalle. During the overview
yesterday, Loren Kroenke, project manager for the Forest Service, said the public
comment period on the draft EIS had been extended to Jan. 26, due to the federal
budget shutdowns. A public meeting wifi take piace in Lakewood this evening
(V1lednesday) at the U.S. Forest Service regional office. Kroenke said of the 120 letters
he's received thus far, public comments are about evenly split between those in favor of
the project and those opposed. Once the public comment period has closed, the
agency will review the material and produce a final EIS this spring or early summer with
a"record of decision" attachment from LaSalle. Afso yesterday, Council members were
briefed on the Town of Vail-Vail Associates agreement, which was signed last spring.
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r
Council Highlights/Add 1
The agreement to manage peak periods and non-peak periods is intended to reduce
pressure on the town's infrastructure during peak skier days and increase skier
numbers during traditionally slow times of the season. As a result of the agreement,
Town Manager Bob McLaurin said the town is comfortable with any off-site impacts
produced by the Category lll expansion, especially since the 19,900 skiers-at-one-time
(SAOT) number currently allowed by the Forest Service, will not be increased. He said
the town is not prepared to take a position on the mountain's environmental impacts,
although the town supports optimizing mountain and town infrastructure. For more
information, contact Russell Forrest in the Community Development Department at
479-2146.
. F --.Discussion of Down-Valley Housing Opportunity
A philosophical question was posed to the Councii in light of a request regarding the
town's potential interest in housing development opportunities outside the Town of
Vail's bouadaries. Community Development Department Director Susan Connelly
asked ror clarification regarding town priorities with respect to housing: should the town
focus on housing initiatives solely within the town's boundaries? Council members
directed the department to continue focusing within the town's boundaries, but to
advise them if an.y down-valley opportunities are presented to the town so the matter
can be evaluated further. For additional details, contact Connelly at 479-2140.
--Joint Meeting with Eagle Board of County Commissioners
In a joint discussion with the Eagle County Commissioners, Council members reviewed
the status of the regional transportation authority. Within the next few months, the
authority will be sending out request for bids to operate the regional transportation
system. An administrator also will be hired soon to run the day-to-day operations of the
authority. Also, a separate trails committee will be appointed to determine how to
allocate matching funds for bike paths. Of the monies collected for transportation, .10 percent will be dedicated for bike paths, with 60 percent of the bike path money used
for matching grants. Town Manager Bob McLaurin said comptetion of the Dowd
Junction bike path and the widening of Highway 6 are key projects the Town of Vail is
interested in pursuing. McLaurin thanked the county for the $100,000 pledged
previously towards completion of the Dowd Junction project. The discussion then
turned to affordable housing with both entities agreeing to work cooperatively on the
issue. It was noted a housing project on Red Sandstone Road, sponsored by the Vail
Valley Consolidated Water District, was moving forward. Both groups afso indicated an
eagerness to work together with the U.S. Forest Service on a pilot seasonal housing
project to be built on Forest Service land. Other partnerships were also cordially
acknowledged yesterday, including: Berry Creek Fifth Filing property in Edwards; work
on the federal ski sale bill; joint opposition to state "takings" legislation; and passage of
the transportation tax, among others.
--Update on Railroad Abandonment
After hearing an update on the railroad abandonment issue from George Roussos,
Eagle County engineer, the Council agreed to evaluate a request for funding from the
. (more)
Council Highlights/Add 2
county to assist with legal fees associaied with the abandonment. Roussos said the
legal proceedings would probably cost between $20,000 and $30,000. The county has
hired an outside attorney, Fritze Kahn, to oversee the proceedings. In developing a
cost-sharing proposal, Roussos asked for 13 percent of Kahn's fee, or betvveen $2,400
and $4,000. The towns of Eagle, Minturn, Gypsum and Lake County also are being
asked to help vuith the cost-sharing. The project's timetable includes four key dates,
Roussos said. On Jan. 16, a notice of intent to participate in the process was filed on
behalf of the local entities. The next deadline is March 29, in which additional evidence
must be provided by the local entities; then a decision is expected on Aug. 12 by the
Surtace Transportation Board. If the abandonment is approved, the entities have 10
days in which to submit a proposal to buy the line. Roussos said the purchase price is
Estimated at $4.7 million from Leadville to Gypsum ($3.8 for infrastructure and
$900,000 for the land). Several Council members wondered about future uses of the
property, how it would be determined and who would pay for it. Town Manager Bob
McLaurin asked the Council to spend some time determining its position on the issue,
while Vail Public V1/orks Director Larry Grafel suggested a position which would support
the greater objective in preserving the corridor and leaving its potential use to future
discussions once the first objective is fulfilled. Jim Lamont of the East Village
Homeowners Association suggested portions of the new transportation tax be used to
fund the effort. The Council will act on the funding request at a future meeting. For
more details, contact Bob McLaurin at 479-2105.
--Council Reports .
Paul Johnston gave an update on the new Town of Vail Youth Recognition Award,
which will honor two high school juniors, one from Battle Mountain, the other from Vail
Mountain School, with a summer internship experience in another country, such as St.
Moritz, Switzerland. The town will provide funds for the students' travel expenses and
will coordinate other arrangements through the Vail Valley Exchange program, formerly
. the Sister Cities Committee. For more details, contact Johnston at 479-1860.
Council members signed a letter to State Sen. Dave 1lVattenberg in opposition to
Senate Bill 96-48, the so-called "takings" legislation. For a copy of the
correspondence, contact Suzanne Silverthorn in the Community Information Office at
479-2115.
--Information Update
Town Manager Bob McLaurin said the town was working with Vail Associates on- a joint
parking promotion associated with the Learn to Ski program as a means to support the
non-peak objectives in the TOV-VA agreement.
# # #
(more)
r
Council Highlights/Add 3
UPCOMING DISCUSSION TOPICS
January 30
Special Election
February 6 Work Session
Site Visit, Koenig/PEC Appeal
Site Visit, Glyn Lyon Office Building
Discussion of Vail Commons Lottery Criteria
Youth Recognition Award ~
Revisit Town Council Appointments
~ February 6 Evening Meeting
Glyn Lyon Office Building Ordinance ~
Discussion of Community Planning Process
PEC Appeal/Koenig
February 13 Work Session
All Day Public Process Work Session
I A
e9
TOWN OF VAIL 75 South Frontage Road Office nf the Mavor
Vail, Colorado 81657
303-479-2100
FAX 303-479-2157
January 24, 1996 ° 1VPr, and 1V1i-s. Werner Kaplan
3030 Boath Creek Drive Vail, CO 81657
RE: Your letter to me received January 15, 1996
Dear Gilda and Wemer:
Thank you for your recent letter. The new Town Council is moving ahead in a proactive fashion
to address the issues of concexn to our community, particularly the creation of locals' housing.
We are enthusiastic about the 53 units of for-sale housing due to be occupied this year at Vail
Commons. The Town Council will look to the com.muniry for continued participation in building
our future.
Veryy yours,
Bob Aimour
Mayor
. ,e: , ..c.'iC•P~1"g-tas'i'tSj:;°.~"^" ;.~+,~!-,~,*`_',.r 4=•...c~ . - ~ ' ` _ C:Y3 ~
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from Liz Robbins As°sociates
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In the spirit of the recent holiday season
and .
in appreciation of your friendship
a donarion in your name has been
, made to
yf[ ~ ~ ~ ~
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The Hole .in the Wall Gang Camp
A s h f o r d, C o n n e c t i c u t
'~lle ]E$ole in the ~Tall ~'xagxg Caxt'xp, founded by Paul Newman in
~F~` 1988, is a nonprofit residential summer camp for children with cancer or other
k
life-threatening illnesses. Nine hundred children from 7 to 15 years old come
each year, free of charge, from all over the United States and abroad. i
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° p FCFIi/ED JAN 2 5
o ~
C00orado Association of Ski Towns
Legisoat6ve Luncheon Tour
Denver, CO
March 6-7, 1996
March 6, 1996 -
. 7:00 p.m. Donner at dhe Denver Chop House
1735 19th Street (296-0800)
March 7. 1 996
Continental Breakfast provaded by Comfort 9nn
401 17th Street, Denver, CO
, 9:00 a.m. CAST meetong wsll be heBd at $he CML office
1660 Lanco9n St, Suite 2100 (303-831-6411)
. Denver, CO
12:00 Legis9atave Lunch: 15th Avenue Mexican Gridf .
233 East Co9fax Avenue, Denver, CO
Lod in : Ablock of rooms has been reserved at the
- Comfort Inn. R.ooms are $79 which ancludes a
Continental breakfast. Call 1-800-237-7431 to reserve
your roorn and p0ease be sure to men$ion CAST. The
deadflne ~~s.ervang your room is February 6tho
?
. . Colorado Association
~
~
of Ski Towns
January 22, 1996
v ~ S~?)4 ~v
The Honorable Vi June ~ ~<<
Colorado State Capitol P I~~ s c '~-o P,~~~ yv u'' ~~`~P`'t5"~~'`~?' cs
200 East Colfax Avenue ~k, v ;4-c fl~ c-?n 'f6
Denver, Colorado 80203 w;~_4 f~ c Y?-~ 5 0 Lx
L .
.a 5 4-8
Dear Representative June:
• s On behalf of Colorado Association of Ski Towns (C.A.S.T.), I would like to
formally invite you to our Legislative Luncheon scheduled for Thursday,
March 7th from 12:00 - 1:15 at the 15th Avenue Mexican Grill located at
233 East Colfax Avenue.
In response to concerns raised by members ot the House and Senate we no
longer host a Winter Legislarive Tour; and therefore this luncheon is
especially important to members. This luncheon is an excellent opportunity
for our constituents to meet you and discuss important issues related to our
communities.
In the 1996 Legislative Session you will be considering many issues that are
of great importance to our communities and we hope you can set aside this
time to discuss the concems of tlie citizens of our 21 Member Towns.
Please accept our invitation and join us for lunch and conversation. - !
Sincerely,
Rachel Richards '
President, C.A.S.T.
MEMBER MUNICIPALITIES
Aspen . Avon . Blue River . Breckenridge
- Crested Bulte . Dillon . Durango . Fraser . Frisco • Glenwood Springs • Grand Junction
Grand Lake . Gunnison . ML Crested Bulfe • Nederland • Silverthorne • Snowmass Village o Steamboat Springs • Tel/uride • Vail . Winter Park
6
~
COLORADO ASSOCIATION OF SKI TOWPTS JP,IdUARY 12, 1996 MIPiUTES
At 9a00 aomo President Rachel Richards called the meeting to order
at the Grand Junction Ramada Inno Jace moved to approve the
minutes from last meeting, seconded by Buzz Reynoldso. Motion
Passedo
Bob McLaurin updated CAST members on the Privatization legislation
we helped degeat in 1995a This legislation is °°deadt1 for 1996
according to our consultants and other sourcese It is still being
pushed by Utah and Idaho and most likely will cofi& back in 1997e
Our consultants, Liz Robbins is proposing that we keep working
against this bille They have proposed a grass roots type attack
at $4,500v00 a monthe
Bob McLaurin suggested that the Executive Board review their
proposal and propose a strategy gor the next meetinge Tom Long
suggested that anyone that would like to work on this with the
Executive Board contact the boardo
Next on the agenda was Alan Best, Alan is considering a Ski Town
newsletter or.paper to be produced monthlyo He as 19 years of
mountain journalism experiencee Mro Best was hoping that the paper
would be subscription driven instead of advertisement driveno Alan
asked what kind of support he would have from CASTe It was agreed
that CAST would not buy a page on a monthly basis but a need basis<
Alan explained that the paper woulcl be 36-40 pages on a monthly
basis and would cost approximately $30°00 a year. Peggy Curran was
concerned that it might turn into commercialism for the Ski
Companys and suggest a higher subscription pr`ice might prevent.
thata With a show of hands, CAST members pledged to support this
paper with subscriptionso
- Cathy Shipley representinq the Department of Local Affairs made a
brief presentation and mentioned we should have all received a
Growth Updatee
Rachel Richards then moved on to our Legislative Updatee In the
packet were maps of ithe CDOT boundaries that Bob Filson had some
past conceriis aboute It was suggested that if anyone had interest
in changing these boundaries, a sub-committee should be appointed
with Bob Filson at an upcoming meetinga P,lso in toe packet was a
list of the Blue Ribbon Transportation panel with a contact
telephone ntzmber e
:
Also in the packet was a letter from Reid Haughey of Policy West
requesting support on shifting 10% of transportation funds to
alternative transportation. Reid mentioned that the Noble Bill for
a Hundred Million a year for five years might be a source. Rachel
reminded CAST members that transportation was our #1 Goal at our
1995 Growth Workshop. Rachel asked us for support on the Noble
Bill. Mt. Crested Butte felt that passing the Noble Bill should
be a top priority for CAST in 1996.
Elaine Fisher moved to support this with 20% going to alternative
transportation, Buzz Reynolds seconded. Motion passed.
The School Legislation and Telecommunication bills were then passed
• out. Daryl Shrum suggested that we all should complete the CML
survey and send them backa Rachel then passed out Russel George's
legislation. Members discussed this legislation for several
minutes and then Frazier moved to approve with Mr. Crested Butte
seconding. Motion Passed.
Rachel then passed out a review of the Takings Legislation by Aspen
City Attorney, John Worcester. Rachel asked CAST to support an
opposition paper'to be raritten by Worcester on Takings. Vail
motioned to approve, Crested Butte second. Motion Passed.
Dallas Everhart mentioned the legislation concerning lodging taxes.
Consensus was that it was too broad. Rachel $uggested that
; Silverthorne write a letter stating that we could support this
legislation if it was more specific.
1996 Goals
President Rachel Richards announced that she will not be seeking
another term as CAST President. Rachel has done a great job as
President in help us to accomplish our 1994 and 1995 goals.
1. Tom Long suggested that we start bringing back various
Department Heads to meetings in 1996. CAST members supported this
idea. Rachel Richards mentioned guest speakers, this was also
- supported:
Bob McLaurin encouraged continued work against the Takings and
Privatization legislation.. Bob also questioned the need for a
legislative tour, Dallas Everhart felt we had more success with
smaller meetings with our own representatives.
2. Elaine Fisher-suggested the need for a staff person for CAST.
Peggy mentioned that the sub-committee should take another look at
this. The issue of a staff person was then discussed. Clay Brown
commented on the job description and the work performed by the sub-
committee to develop a job description. Elaine moved to
reconstitute the sub-committee, Jace Dunkin secondqd.
,Motion passed. ~
tl
~
3. CAST members moved to encourage education on key issues by
using guest speakerso
4o CAST members also wanted qreater CNL projection of CAST
interestso
Bill Efting presented the f inancial report and announced that there
would not be a due increase for 1996e Chuck Stearns volunteered
to put together a CAST Internet Mailing liste Please send your
internet logo to Chuck, his is C stearns @ 12 m iiecom
Jim Schmidt daoke up and thought it would be a good idea to bring
Department Heads back to CAST (we hacl already agreed to this
earlier in the meeting) we agreed that Jim hacl a great ideae
d
. Bill Efting theh updated us on the Legislative Luncheon scheduled
for Thursday, March 7th at the 15th Avenue Mexican Grille Members
will receive more infornation on that meetinge
At 11e48 the meeting was adjourned.
RECEIVED .lAN 2 ~5
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IeasQ,~ozn us;at a recept~on
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olora~o's II.~:~ :Sendator:Campbell as.;the only American Indian prQSerztly~ ~
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seroang in ~ather ~~e House of Representutives or the United States
EYs a=leac~er an publae t~ands; and hatural resources-palicy, Seazator G'arnpbell x:_ ~
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; zs recognzzed for the p~a.ssage of land'mark,legislation:to settle:Indian water
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rigbts ~and is ~tz the; forefront o, f sponsorzng and. figbting for legislat~on to s~
. protect~,Coloradoju~ldeirae~s ~arad~ avater righ ts
.
' Senato~- C'campbell currently serves on. four key,. .Senate commzttees
F A.~propruitwrz~, `Nut~-ztion ansl Forestry;:-Energy and Natural Resou`rces, where
he serues `as Chazrrnan vf the Subcorianaittee on Parks, Ha.storic Preservat:oaa
. ~ . . . ,
and Recreatzorz~ anc~ aas a rree~raber of the Subcomrrazttee on Forests andPublzc
Lanrls t?larcage~rtere~
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' "Ciampbell Vact"ory Fund";a~sang: tbe attacbed form
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CamPbell. Victo ry Fund
February 3, 1996
LOVA One reservation for each ~`500.
Yes, l will attend the reception and am enclosing $ for
reseruation(s). - . •
No, l will be unable to attend, but am enclosing $
Checks should be made payable to "Campbell Victory Fund".
If check is enclosed, please complete the following:
Name
Address
City
. Work Phone: ( ) Fax Number: ( )
Federal Law Requires political committees to report the name, mailing address,
occupation, and name of employer for each individual whose contributions aggregate in
excess of $200 in a calendar year. Contributions are not tax deductible for federal income
tarc purposes, Federal Law prohibits any Corporate, Ltd., P.C. or Union Checks. Paid for
and authorized 6y "Campbell Victory Fund". FEC LD. C00204966.
Please mail your contribution to: Campbell Victory Funcl,
Post 0ffice Box 480166, Denver, Colorado 80248
XC: G9~-wec,~
READ. THIS S
Nancy Sweeney, a national arts consultant who spe- Sweet Basil. They have two children, Jackson, 3, and
cializes in pmject management, has been named coor- Leo, 11 months.
dinator of the Vail Art in Public Places program. "I'm very pleased to join the effort to help build
Sweeney, who has lived in Vail since 1993, was select- ' VaiPs public arts program," Sweeney said. "My goal i~
ed by the AIPP board effective Jan. 15. to help spread the word that this is an active program.
Sweeney is responsible for grant writing,~ fundtais- The town's commitrnent to. continue beautifying the
. ing, project management and other assistance to the pub- area and to add to the intrinsic value of this communih
lic art board. Kathy Langenwalter, AIPP board is outstanding." -
chairwoman, said the group isexcited to hire someone One of AIPP's next projects will involve commis-
of Sweeney's caliber. "We're fortunate to have some- sioning artwork to be installed at Seiliert Circle in Vai
one with Nancy's knowledge and background - Village. The popular pedestrian area, namec
to help us develop our public, art pro- for Vail founder Pete Seibert, wi]
jects in"Vail," Langenwalter said. undergo renovation in the nea:
In addirion to her part-time future. The - project wil PIPP- AIPP duties, Sweeney will involve a combination o-
continue to serve as pro- Va private and public dol
gram director for the 1ars•
California Tama- Art The AIPP pro
rack Foundation in gram was create(
~ by the town ii
San Francisco, a
F Pui' lic
posidon she has 1989 to devel
, held since op a diverse
1992. The Board ~gh-9~n'
T~~k nam.nsp art collecdoi
FoundaUon and public ar
supports visu- Prograin
per- uni ue tc
formi g arts, ltcw Vail Sina
among other then, si:
areas. In addi= pieces havt
tion, Sweeney's been acquirec
12 years of expe- L C Oordinator including th
rience include glass sculptur
marketing, acquisi- "Exuberance" a
tion and . collection the Vail Transporta
management for several tion Center. Currentl
San Francisco galleries, the Town of Vail art col
plus the Galerie Daniel Tem- lection 'includes 11 perma
plon, which specializes in con- nent pieces. The AIPP prograt
temporary art in Paris, France. While in also includes an ongoing temporary ai
San Francisco, Sweeney also pmvided art advi- program with various pieces on loan to th
sory assistance to corp,orations, businesses, architects, . town. The AIPP coordinator duties had been handled b
" designers and private clients. There she was responsible a staff inember from the town's Community DeveloE
for several large-scale sculptnre pmjects, which includ- ment Department.
ed working with various government agencies under the The nine-member AIPP board meets the first _ an
percent-for-the-arts legislation. She eamed a humanities third Mondays of each month. Boazd members azt
degree at the University of Colorado at Boulder in 1983. Kathy Langenwalter, Brent Alm, Alice Cartwright, Jii
Sweeney relocated to Vail with her husband, Thomas Cotter, Kevin Deighan, Kevin Foley, Lolita Higbie, Ke
Salamunovich, when he was named executive chef at Robbins and Nancy Rondeau.
. 7 7-
v
TOwter of Vall
Sales Tax Es4ima4ion 1iVorkshes4
2/1 /9S
% Change % Change
' 19H5 Hudget Irom Irom
MOQIth 1884 1885 1986 1887 1988 1989 1990 1991 1882 1883 1994 Budget Estlmate Yarfance 1994 Budget
January 742,262 881,304 890,5851,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,869,600 1,894,583 24,983 4.92% 1.34%
February 824,650 918,154 946,552 1,135,786 1,205,101 1,561,266 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,883,100 1,816,093 (67,007) 0.09% -3.56%
March 1,084,814 1,187,520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,326,900 2,139,284 (187,616) -4.95% -8.06%
April 481,204 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,ti63 864,303 794,668 820,500 791,078 (29,422) -0.45% -3.59%
AAay 166,200 162,912 244,987 245,518 170,167 215,548 236,359 250,809 268,000 257,248 287,315 296,000 , 324,667 28,667 13.00% 9,68%
June 262,696 280,828 361,627 331,581 329,039 393,470 448,227 468,948 465,598 475,161 548,820 564,900 590,671 25,771 7.63% 4,56%
duly 406,462 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 928,100 893,469 (34,631) 0.07% -3.73%
August 402,792 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 926,100 867,111 60,989) -2.74°I -6.57%
September 384,664 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 753,200 646,165 (107,035) -10.90% -14.21 %
October 206,248 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 417,000 460,862 43,862 12.84% 10.520/.
November 310,588 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 605,300 609,038 3,738 2.45% 0.62%
December 906,758 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 2,057,702 1,993,560 (64,142) 0.041I -3.12%
Total 6,179,538 6,481,608 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,450,402 13,026,581 -423,821 0.15% -3.15%
gunGay, January 28, 1996 THE DENVER POST
ore on Services: Tourism
4 ~ UL/
~oIOrado tourism
a
e :
~ nslippery slopes
4fter ' 93 setbacks
~ ~
~q Chance Conner ~ ~ , ~ i ° ~ ,
[]snver Post Business Wrker {
.n Colorado's No. 2 industry continues
ta~ perform reasonably well in spite of Skier visits dropped during the
stacles set in place by the state's '94_95 Se2SOn.
~ters in November 1993.
~ It was then that voters in this state
~ a proposed 0.2 percent sales taa 11.078 mfllion •
~at had pmvided the Colorado Tour-
~m Board about 811.2 million in an- 12
gual funding.
g 1be result? Sia months later, in 10
d-1994,. the tourism board disband- e
making Colorado - one of the ° • w , ~ ~
world's great destination spots for 6
tural beauty - the only state that 4 ~
-Sn't fund such a promotional orga- C)
mutlon. z (@n millions)
40 That board had helped to pump up 0 ~
Lindustry worth $7 billion a year to Colorado's economy - ranked o1 nd, behind only agriculture. cl
Over the negt year, out-of-state
eallers were led through a chaotic source: comnao sw coumn usn +
~byriath while trying to obtain vaca- i~
on information on Colorado. o~~~ however are down slightly
n. For a while, the state's 1-800-COII from the previous year.
RADO toll-free p6one line for But, until Colorado voters or the
ould-be tourists went unmanned. In `
e fall of 1994, the line was re-estab- gtate legislature revives and funds
the Colorado Tourism Board, the
'shed. Bot about 50 percent of the
'~.al still went unanswered because state will have to scramble to get the ?~6 k
ls
~here weren't enough operators to word out to prospective vacationers
ffiandle the volume. that the state rem9ins visitor-friend-
a' Ftinally, in 1995, the privately fund- ly rne ~en~er Posc i aed aendm
d Colorado Travel & Tourism Au- 'fbough the state no longer can af- ~AYIN~ Qr11EST~S Heav earl snowfall in Colorado hel
ority, the ad 6oc organization form- . ford to place egpensive ads in trade acrowds 4o Colorado's ki resorts, includin pec
to replace the defunct C1B, hired magazines or run lush television attrac4 me9 9 deil.
~atta help to make sure all calls were spots egtolling the beauty of the
ns~vered. The C1TA is a 21-member state, the CTTA managed to scrape "Tourism advertising works, and it dropped 15 percent, from 6.1 millio
v
%oard funded through contributions together about $3 million to promote is a Bood investment for the citY," to 5.3 million last Year.
Colorado. Dilbeck said.
,~ron the local tourism industry. In 1996, the Colorado tourism ir
a 1Qany coasider that the authority's They (the CTTA) don't 6ave the Despite the modest funds spent to dustry will have to keep up wit6 con
;~nttrvention was the final Band-Aid Sll million budget they nsed to have , promote Denver and Colorado as va- Peting states, especially Utah, whic
,lun an industrywide wound that had with the CTB," said Eugene Dilbeck, cation spots, an annual survey by continues to market itself aggressiw
~em allowed to hemorr6age to the President of the Denver Metro Con- Longwood's Intemational of Toronto ly in an increasingly heated battl
megt~nt of a 16 percent drop in tourism vention & Visitors Bureau. "Maybe last spring of American travel pref- with Colorado for the hearts an
ure 1993. we have too many expectations of the erences showed Denver to be a more niinds of visitors.
~.nd t6aYs despite the fact that new aut6ority, not because they don't popular tourist site than Seattle,
~oorado's skier numbers remained know what they're doing, but because Phcenix and Salt Lake City. A study last year by "Andre~
tnng in 1995, with 11,078,066 skier thQY don't have the resources." ThaYs a reversal of fortune from . Harper's Hideaway Report," a trav(
~its registered by the state's ski in- The convention and visitors bureau recent years. In the wake of the de- newsletter based in Sun Valley, Idi
•~aTry. One skier visit equals one ski- stepped forward in April and an- mise of the CTB and the ugly back- ho, showed that Utah was amon
qeron the mountain one day. Those notmced plans to spend $l million on lash from Amendment 2, a controver- three states that were quick to r(
tourism advertising in 1995. ThaYs sial anti-gay law now being spond to requests for a state highwa
, double the amount of money spent in considered by the U.S. Supreme map and general tourism informatia
a 1994 promotional campaign. Court, visitors to Colorado fell off for the summer.
Officials at the bureau say they considerably. "Utah is really fast to respond,
probably will spend at least $1 mil- The Longwood's survey also con- said IIene Kamsler, a local hotel a:
lion on advertising in 1996, since sur- tained some bad news. It showed that sociation egecutive who helped org:
veys show healthy returns on 1995's visitors to Colorado dropped 16 per- nize the CTTA. "But they get the:
eapenditures in terms of visitors to cent - from 19.9 million to 17.2 mil- appropriations from their state legi.
metro Denver and the money being iion in 1995. Longwood's also pointed lature, and they send their materi;
spent 6ere. out that Denver overnight visitors out in first-class mail."
New town 111 i;i'tle
over grant! n;. vot.es ~O 'JanuarY 8, yggS _
~ : Pe
second-home, ownersrenters is unconstitutional. State law
Bv rr,e nssoc+aced a?e55 - sets the limit at 30 days. -
MOUNTAIN VILLAGE, Cola "MY sense is this is an outlaw
- The potice chief in western Col- town. created by developers," said
orado's newest town has -resigned "ACLU lawyer Barry Satlow. _
liecause he opposes the town having ; San Miguel Counry Commission-
granted voting rights to wealthy peo- er Leslie Sherlock said commission-
~ ple who own vacation homes here. ers warned 1Vlountain Village that its.
o "The reason I resigned was my- plans to.give, non-residents, voting
. personal view of this.conflict. with, rights was. probably. unconstitution-
' ' the American" Civil Libeities .Union - a1. :
and the constitutionality (ques- Town records.show that 490 of
tion);" Police Chief Jim Prendergast the 758 registered. voters are non-
said Friday, a day after announcing resident property owners. .
his resignation. Prendergast believes town coun-
A year ago, residents voted to cil members are dedicated people,
become a town. Then last March 7 but it was wrong to sue May. ,
the town adopted a home rule char-. "I feel pretty strongly that you
ter permitting non-resident property should have some pride in the office
owners to vote in town elections. that you work with and I could not
The rule has stured up this commu- support the town 100 percent feeling
nity and its 758 voters on the other that way. And i felt that I shouldn't
side of the mountain from Telluride. take their money," Prendergast said.
Joan May, a progerty owner and.
resident, persuaded the ACLU to Mountain Village town council
consider filing a lawsuit to block members and Mayor Danell
non-resident property owners from Huschke have declined to comment
voting. on the ACLU sait.
) "What if all the ski towns adopt- In a profile published in ttie Four
ed something like this and you Corners Business Journal, Huschke
owned land in Aspen, Vail and Tel- said the council decided non-resi-
luride?" asked Ivlay. "Can you vote dent property owners should have
~ in all three?" - voting rights because the San
She said property owners want to Miguel County government impos- vote because they do not like "the es taxes and other fees that affect
dirt bags, the seasonal workers" them. .
interfering with their development "Tliey thought we were going to
plans. cut down every tree up here and
With about three of every four build condominiums on it,"
' ski-azea homes owned by the Oliver Huschke told the Journal. "I guess
Stones, Ross Perots and Oprah Win- those three commissibners thought
freys of the world, or the merely their judgment was better than the
wealthy, they potentially could dom- thousands of people who made
inate local governments.
James Johnson Jr:, a Vail resident investments up here. I don't under-
and Eagie County commissioner, stand the mentality." ,
said that power might trigger a back- He continued: "You've got.
lash from locals, who might think, . somebody who is going to spend
"`Not only do I not have their millions in'the community (being
money, and cannot get a good job, told) `I don't like your windows.' So
but I cannot determine our future the developer jumps through hoops
through the electoral process."' to get the windows changed and
, Aspen Mayor John Bennett said three months later the guy who said
Aspen tries hard to give property he didn't like the windows is in Con-
owners a voice in government, necticut." ,
involving them in citizen task forces. Across the mountain, the Tel-
"We usually do what (the task luride Town Councii has become
forces) recommend. legendary for blocking development
'`But we don't let (non-residents) plans. The Rotary Club has been try-
vote," Bennett said. ing without success for five years to
When the ACLU took an interest Put up a new welcome s'ign at its
in May's case, the town sued her, own expense. In the past year the
asking that its charter's constitution- town erected 300 regulatory signs -
ality be upheld. ,
The ACLU responded by filing a no smoking here, no parking there:
. lawsuit in U.S. District Court in Huschke, whom the Business
Denver, arguing that permitting non- Journal likened to the entrepreneut=
resident home owners to vote vio- developer Maurice in Northern
lates federal and state laws. ' Exposure, said his goal is to run the
The suit also said voting districts town like a corporation. He runs tlie
are unfairly weighted in favor of post office, grocery store and liquor
property owners, and the town's store, and is developing a 32-unif
180-day residence rea%Arement for condominium complex. ,
~ RECEIVED JAN 3 0 19%
Uni4ed SYates Fores4 White River Holy Cross Ranger District
Depar4men4 of Service National 24747 US HVI/Y 24, P.O. BOX 190
Agriculture Forest MIRlTURN, COLORADO 81645
(970) 827-5715 FAX 827-9343
Reply to: 1950/2350
Date: January 22, 1996
Bob Amour C&~
Mayor, Town of Vail
75 S. Frontage Road
Vail, CO 81657
Dear Bob:
The Town of Vail in conjunction with the United 5tates Fore.st Service is asking
for comments on a proposal to construct 8.5 miles of an east-west trail north
of I-70. Three miles of existing roads and trails will be utilized for a total
of 11.5 miles in the trail system. A map of the•proposed project is enclosed
for your review.
Access points to the trail would be located near Trapper's Run, Buffehr Creek,
Red Sandstone, Middle Creek, and Bald Mountain Townhomes (Booth drainage).
There will be a public meeting on February 15 from 6:30 to 9:00 p.m. in the
Vail Town Council Chambers to review the project.
The North Vail trail was identified in the Town of Vail Comprehensive Open
Lands Plan as a priority and conceptually designed. The purpose of this trail
system would be to provide a multi-use trail system that would provide a high
quality trail experience and reduce pressure on Eagles Nest Wilderness trails.
The majority of the trail is located on National Forest System and Town of Vail
lands. The trail is designed to utilize existing trailheads, avoid bighorn
sheep winter habitat, rockfall, and to minimize potential visual and noise
conflicts.
The Town of"Vail and the U.S. Forest Service are asking for public input on
this trail system. Please send all comments in writing to Beth Boyst, U.S.
Forest Service, PO Box 190, Minturn, CO 81645 by February 29, 1996. For
additional information please contact Russell Forest (Town of Vail) at '
(970)479-2146 or Beth Boyst at (970)827-5715.
Sincerely, .
-
~
WILLIAM A. WOOD
District Ranger
U~-d' Caring for 4he Land and Serving 4he People
~ PROPOSED NORTH VAI.L TRAIL . ~ ° PP30POSE~ f~ULTI°U3E
RECREA TlOiV TRAIL
~
Il ~ ~
, II - • _ 1 "
W ACCESS POINTS
• ' 11'• L - . ' - ; • ' j
A1 - TRAPPERS RUN
A2 - CORTINA LANE
A3 - BUFFEHR' CK. RD.
A4 - RED SANDSTONE RD.
.A A5 - MIDDLECREER TRAILHEAD
A6 BALD MOUNTAIN RD.
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o ~ ~ t` ' ~ ~V' ~ ~I-,-~--• ~ ~f F° ~ ~ ~ ~ ~ ~ Improved Dirt Road
':VAIL DAS CHONE...
Unsurfaced Road-High Clearance
FOUf-Wh2Bl DrivB R08d
1 MOtOf12Bd Tf21l
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HII{Ifl9 Tf2iI - - - - - - - - - -
Winter Use Trail . . , . . . . . . . . .
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State or Public Use Land, Privale Property
h
y. ~ ~ ~1~, • 1 , ' r„ _ i I • _ i~ ~ ~ -1 ~ ~ ~ ~ ~ r_"_'-~ ~ i Wildemess B
oundary, Forest Boundary
zz:,~C: Parking Area, Resl Area ~ IP
,~~~~;1 1" ~+e e. ~ 4 ~ ~ `il ~14,1 ~ " ~ /!i /t~~~Y\~ ~~~~1 f/ . .;:1, r
~e;,, ~ ~ Campground, Picnic Ground ~
j.
~ a ~ , ~ ~,ti• : nr:.~~ l~ Fishing Area, Boat Launch Area
A'1'','
Ski Area; Alpine, Gross Country
i i~~~~ ~ ~ . _ i ; ~ ~ ~ r. ` _ ~ ~•.1 r ' Snawmobile
/
Area, OHV Area
q
A, Point of Inlerest, Handicap Access
Trailhead,
. ~ / t f h ~ . ~ • ~ , ,,~c~ . r, . ` Gate ~
' / ,"`"~I"~ ' / , ir ~ a~~ W III~`~~I C.• I~~~q~ 1~i`~~\ ` `L j~ ~I 1 J r Ili ~1 i•
Bike Route; Mountain Bike, Hard Surface
i i % . . /.r.' M~:~ r . ~ _ I r'~ ' ~ I, 1 f ~ . ~ ~ ; f , UII\ - `rt~ Forest Route, BLM Route ? ?
~ ~ i, :i ,i~l • i~ / " " t ~ ~ ~ ~ ~ ~ ~ ~ . Interstate, U5
~
~ , ~ ! ~ ' w'F ~ /i,~l~ ! ~ I1 , `'~'r~\ • ~ i; i Hi9hwey
~ i, ,~u 1IM~u~. , • ~ ~ ~ , r. „ ' t ~ ~ State, Coun
,.i-,l ty Road O o
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ee '
e4
TOWN OF VAIL
75 South Frontage Road Off ce of the Town Manager
Vail, Colorado 81657
970-479-2105/Fax 970-479-2157
January 25, 1996
Mr. William A. Wood
Holy Cross Ranger District
P.O. Box 190
p Minturn, Colorado 81645
Ref: Cat„go_rv 3 Environmental Impact Statement
Dear Bill, Thank you for the opportunity to review the Category III Environmental Impact Statement. We are
pleased that the Town of Vail and Vail Associates agreement has been helpful in this effort. The Town of
Vail believes that the impacts to the community. from Category III can be mitigated through the agreement.
The Vail Town Council reaffirmed this believe and their support for the TOV/VA agreement at the January
23rd council worksession. By working closely with V.A. and other community businesses, the Town
believes that skier numbers can adequately be controlled so as not to create any significant negative
socioeconomic, transportation, or infrastructure impacts. We offer the following specific comments on the
EIS:
1) VAiTOV Agreement: An extremely positive aspect of the TOV/VA agreement will be the
monitoring of the program so that it can be adjusted to ensure its effectiveness. We would
recommend thaf a monitoring program be specifically mentioned in the EIS for the different
technical areas to ensure the effectiveness of mitigation actions.
2) Parking: In December of 1995, the Town Parking structures filled up fourteen times and cars
were parked on the Frontage Road two of the fourteen times they were filled. This occurred
primarily because of ticket discounting on the Front-Range. Some acknowledgment of the
sensitivity to ticket prices and parking needs to be make on page 4-124 of the document. Through
the TOV/VA agreement, ticket discounting can be adjusted to avoid this problem. It should also be
noted that there is also a lack of parking in the Golden Peak and Ford Park areas. Usage of the
Golden Peak portal is likely to increase with Category III. The EIS should acknowledge that the
Town has initiated a planning process for Ford Park and this process will examine the need for
additional parking in the area.
3) Solid Waste Page 4-118: The EIS should acknowledge that VA has hired a full time recycling
coordinator which could significantly decrease V.A.'s waste generation.
RECYCLEDPAPER
4) Water: On page 4-117, the municipal water supply is discussed. This section could be
strengthened by discussing the relationship of increased water demand spread over the ski season to
stream flows. In other words will the incremental increase of 15,000 additional skier days (spread
out over the season) have any significant affect on stream flow between the Golf Course and the
Waste Water Treatment Plant.
5) Air Quality on Page 4-33: The graphics on air quality from Vail have been distorted from
cutting and pasting this graphic. The threshold standards are not in the correct location. On page 4-33, it is not clear where this data came from and the PM,o levels identified in the Table are
extremely high. The monitoring station in Vail has not measured PM,o levels anywhere near the
levels mentioned in this table.
6) Timber Removal Alternatives on Page 4-132: One of the alternatives for removing timber from
the project areas is using existing roads and taking timber out through the Town of Vail. If there ,
would only be 30-40 trucks in a year and the Town could determine the times the trucks would
move through the Town, my staff feels that we could accommodate this option if it were cost-
effective for the applicant and would help reduce environmental impacts.
Again, the Town of Vail believes that Category III will be a valuable expansion of the Vail ski area and
that impacts to the Town can be mitigated by working closely with Vail Associates and the community.
Sincerely,
Robert McLaurin
Town Manager
x.c. Vail Town Council
Susan Connelly
Russ Forrest .
, 02/01/96 17:41 V3034681208 N9YCCOG R002
Tiae NorPlrwest Colorado Council oJGwermsenLy
WA1TIE~ QUAIf.= ANl[D QUANTITY cC~ EY,
QQ
L1G G11S1LtvTllVE LLJ PDATE ON 99A AKINGS" B1iLLS FebPSSary 1, 1996 ,
~BE.]I._ ABM for an Act Cancerning Regulatory Impairment of Property Rights (5.B, 69)
SMN~01t Senator Tom ATorton (R - Weld Courny) ~~~TUS: The bi11 has been assigned to 4he Senate I,ocal GovernrnenY Committce and is expected to. be
heard on Tuesday, JFebruary 6tla at 1:30 pm, STA157 1E8~~OMMENDATTON: Ouuose. Cornact meanbcrs o¢the Senate l.oral G;avernmcat
CompnitPee and siau: your opposition to this biIi. Committee men?bers aa'c: IM[atyAane Tebedo, Crigi Demtis, Rob
Hernandez, 9aIly Hopper, Stan Matsunaka, Bob Sda.ffer, and Frank Weddig_ Also, contace yrnar Senatoe os any
o7her ScamtoP 4hat yaa woeald feel comfortable discussiuDg ehis bill wiffi_
Prohibits locat government lavvs which impair the riglrt to own and use private property from being
enaceod, exccpt whesc an cstablished thre,at to health and safe2y exisLs_
° PYOperty owner5 can file a claim compcnsation wheu they believe a regulatory action has dewalued their
pa''ogcs4y, or Wbere fhey be]ieve exactions ate diSpi+opottioElal to health/safi..-Ly impacts: .
p Requiges local govcrntnents ta show connection between regulations and a health/safiety intenest and the
proportaonality of the burden to a gro}erty owner fron such government regulatious.
13 Burdcm of pmvf lies with lacal gbvernment in compcnsation cnatters.
p Arbitration can be called in whcn Iocal government en#'orces regula2ioa Cose is split between govmmicnt
and properey owner. .
Affi~Il~sa~ 13 T'he bill would seriously linnat local godeanment's powcrs and ability to regulate actions within its
juxisciicGon, mcluding actions to protect watee quality suC11 Ss stseam9ide oa septic SyStem SetbaCks.
o AlIows property ovvner tn claim loss in value without auy specified method for deYeamiming such
, devaluation. 1Goc1 governmmt tnust then justify action in terms of health/safcdy interest and the
progortimlity oftheis aeteon. gf 1ocal govearnmment is ansuccessful in justifying the regulation in the
caua4s, at anust duly comgensate the landowner. This bill eould beeome a serious financial disasber for
lor,al government or lead to lax enforcemLact of regulatioas due to Yhe fnancial burdcn assoeiated vvith the
pgoportaonality analysu alone. .
0 iWould requirc "substantial scientifiC evidenee" justifyutg aCtions Vvhich impair property righ4s. SuCh
action must be show+n to be proportionsl to a health or safety risk_
n !1llould apply to any lauduse rcgulataon dut diminishes value of ProPertj', has any assaciaYed costs or
. dedicafion requiremenYS.
~ 1klould limit use and effactiveness of tbe 20$ Plan and requiremeats for water quality Best ManageRxant
Pracdces (includiag sctbaccs).
n Am nol apply to state regulaYions, only.local goVCrnmmt regulatiotas.
02/01/96 17:41 V3094681208 N4VCCOG la 003
~ BILIL.: A Bill for an Act Concerning AReasvres eo gmprove the Eff cieracy of the County Plsaning
Process (S.R. 61)
SPORTSOItB: Senator lB+en Alexander (R - I)istric4. 6- Montrvae, Tharango, DelM etc..)
STA'ICUS: The bill has been assigned to the Seaa2e Local Govmrunent Committee and is expected to bc
heard on Tuesday, Februagy 64h: . QQ S"It'AFF RE(CONIBMNDAIION: ose. Contast members of the Se.mte Iocal fJoveanment
CammiYYee and sYaYe opposiYion to this bilI. Sec notes under 5.B. 69 for a tist of commiteee members. Als,
contact your SenaYor or a,ny odies 3enator that you would feel comfvrtable discassing this biIl with.
Sua~a~~uq
o I.imats ovunty Ymewr of PgJIDs and lamd use pIans to a detesaaiaation o¢ whether a plan complics wr[gh
speCific zoaiag aeguMons only_ '
n Pnblac caenment is liani4ed ea one occasion onIy bi'fForc lhe boari or commission reviewing she plan_
0 Prohibits a county employee or consultant from contradicting the advice of aa architect or engineer hired
by the proponen2 of the plan unless the county employce has cofnparable training_
d Conditaqnal approval or denial of a plan is ozily allowed if the plaa dm not mat one of ffie stated tnteria
ia a regulation ar insufficieat information exisYs to review the phin.
AnAysns e Lirnats the powers of counties to determine what occuYS witltite thcit jurisdictioas_ Re.moves 4raditional
abality to discuss and aegotiate si4e-spec,-ific terms of aPTTJD.
0 Lianits scape vf review sach that developmeent specific requirements, such as water quality aaitigation,
could not be c.ansidered.
0 Fotm the county fi,n hige employees or consultaut5 vviith "comparable" training to Yhase of the proponent .
of a pgojwY, I.ianaYS Yhe role or county employees who do not have such traiuing_
~BILIL: ABill for an Act Concerning theResolution ofDisputes Arisang frem the Impasitian ofLand
. gJse 1Zestrictions (IBLBe 1124)
SPONSOR:- . Jltepreseatatide Bob Hagedorn (A - Aaapahoe Cotanty)
STA7CUS: The bZI has been assigned t0 the Flouse State Affairs Commitfee and is expecced to be beard
on ZJb. .
QQ STAFF REfCOMTK1EN1iDATION: OpRos . Pleue conmct Comrnittee mpatbGrs with your comments.
Q:ommiuee membeas are: Bfll Jerke, Mi-ke Salaz, ATorma Andersaa, Don Armstrong, Ture Congrove, I,evvis F.atz,
Kim Gordon, Bob Hagedorn, phil FanDcey, Baym Sullivant, and Rnn T°upa_ Also, please eontacx yaar local
represenYafave or axry representaiive that you feel comfortable sgealang with to discuss the bill. . .
Sa~~ffi~~yv a Applies to any development osdcr or pmnat including rezon+ng, building permits; subdivision approvals,
cer4ificztion cvnditioas, etc.__ issued by or under State, local or regional government (Master Plans arc
e.scesnpt).
13 Allows a praperty owncr to request relief whea they detexmine tvat agovcrnmenW aceion restrices or
limiYS the reasonable right to a specific use of progerty_
0 Requim the governmental entiiy and pm}zerey owner 4o mutually seek the assistaace of a"face-finder"
(real estate attomey) to resolvc or modiatc a muoially agreeable modification of awnees proposed use of
02/01/96 17:42 %P3034681208 N19CCOG 1a004
property including adjus4mecrt of pennit stax3ards, changes in density, land excbanges or transf'er of
dedelopraen4 rigb4s, mitigation, relocation of &-veloprnene o+ the praperey, variances, and purc&aw of the
Pmpmty•.
~ Fxe Findex has authority to hold beasimgs, subpdena witaaesses, and request expea4 opinaoiL Costs aac
sbased by government eneity ard proPeRY awner. lFacY Finder shall prepare a non-binding
recodruncndaYioa, althau,gh final aceian by the govemment to acoept, fleJect or acx,ept wi4h condi4ions shall
serve as an eakdicarion of sufficieat hardship in judicial revieuvs under Secbion 24-41-106.
AmmOysis
o F.stablish,es an individual w+ith significant goveruneatal croeasighl ixa thr: form of thG Fack Fmder.
0 Can serionsly delaY (uP to 165 days) orderly reviews and ruling on developmene projeces.
0 Wilfl result in oostly cxgert cyaluation af reguIativns to justify theie si4e specific ahility to protert vaatea
4uaLfj' (avmg at3xee regulatims) such as erosion conteol oedinances, sbvm.side setback9, and septic
systrate requirements.
E3 Cotald gom¢ially limit StaYE's ability tA enfoece-qandards such ac vvnaste watee quality staruiards far
wasYewater trcxtment.
~ B11-][.o A BUl for an Act Concernirig Establishmerrt of the G'iovernmental Takings Ombudsman Program, aaid 11Raking an Appropa;ation Thereof (H.B. 1150)
SPONSOR: Rapresentative Dan Prinster (D - Mesa County)
S'II'ATUS- The bill has been assigned to the House State Affairs Comsnittee and could be heard as earty
as Yhis weegc.
QQ S"g'AFIg REtCOMM.ENDA77CdIORT: Please contact Committee members with your comme,ms.
See notes under H.B. 1124 foa' a list af commsttee menibers. Alsv, please canract yaur loca2 representatrve or auy
Tepresentative Yhae you feel comfortable spealdng vaith tn discuss the bill. .
~aur~mffiua~u'~
Q Caeates a ombudQnan progm within the staLe degartment of mgulatoey agencies. The ambudsman
' program is available for properry owners when they beIim agovernmental entity propases or has
undereaken an action whieh may canstrtute a tajcing. S"ioeernmcntal entities inelude the state, cibes, towns,
cottuties, special distncts, etc.
a Provides fior the ombudmw program to inrcWgate tabngs claims and auecnpt to tesolve the 4alcings
. c3aim with the govp'nntcatal entity, or act as as mediator bdweea claamaut and governmeutal. entity. .
Resolution and iatcdiation of claims caa include xnonetary compensation by the govemmenral endty.
, Where c]aams are wnr~.,solved by ambudsman pa-ograin, a coanplainY may be fiIed by the ombucisman to
the Gaveraor (where the govesnmmtai agcncy is a state agmcy) or the loca] goverament. When a
complaint from the cmbudsnan pragram is fiIed the Governor oa Iocal govemntem may a) try to aesolve
os mediate the d'aspuee; b) impose disciplinwy oiction againse officials imrolved;- oa, c} support the pasitioai
of the governmenW eutity.
o Although a fiseal note for the ombudsmm prograrn has not beea established, this bill creates a cosPly and
ireffective progrwn for addressing taldngs.
0 TN- bill gwYentially placcs the governmental enptgr in the position of having a c2ikings complainL filed
against it vaith the governmental entity thea ultimately deteiminins the appropriate action to resolve the
issue_
0 The bilI presumes that.ta2dr?gs are the result of individuaI staf'f'actions withiu a govemmental entity.
02/01/96 17:43 V9034681208 PiWCCOG Q005
9 V TljMN(Gi9 p P ~ ~ETTd~R
IM Spons.os or your Senator or lltepresentafive
C:olorado State Senage (House ofRepresentative,s)
StaYe Capitol
200 E_ CaMx Ave. '
Deawer, CO 90203
Deu 3enator (Representa4ive)
On behalf of the 'B'owmlCity/Coeanty of I would 1ice to take 4his opporiunity to staie our opposition go the "takings" legisla4ion prvposed in this yeaes legislature. Senxte Bills 69 asid 61 (or .
Fivuse Bills 1124 and 1150) are sviutions in sesrch of a problem. They vvill result in increascd and
wmecemuy costs, delays in orderly landusc decisions, and ha.ve a chilling e$'ect on the legitirnate use of
lacal acathoaity for the protectioa of health, safety, and welfare of our cifizens. .
Both the Colorado and the U.S. Constitution guarar,ttee that private property shall not be talcen for
public use dvithou# just compensation_ Ovver the Iast 200 years, the courts have developed a substan4ial
body of case law 4o deternune when regulation of property use requires compensa#ion. Generally, 4he
courts apply a balancing test, vaeighing a property ovmees justifiable expectations about what he or she
should be able to do with their properfiy against the rights and interests of the public as embodied in the
government regulation in question. This system has worked well, and it has permitted the courts to
¢ailor their aulings fiv Yhe circumstasices in particular cases.
Many of the psoposed taldngs bills require the use of an arbitrator, a"fact finder" or ara ombudsman to
resolve or mediate the dispuee between the governmental entity and the property owaner_ These biUs, in
effect, create an arbitaaay systcm iooking over 4ht shoulders and possibly circurnventing established
govercuraental processes. We believe that such prodisions also raise questions on constitutional grounds
- are tbesc oversight provisions essen4ially a fourth branch of gobernment?
. ~ Talangs Iegislaeion that assumes local regulations necessarily intrude on property rights puts us in the
dubiaus position of writing laws such thaY govesnmerre must paLy poliuters not Yo pollute, pay propesty
owiners not to harm their neighbars or the public, and pay companies not to damage the healtk safety,
oc welfare of others_
LocaI goveriumerrts do not have the resources to assess market value impacts oPproposed iegislation on
evcry property wriihin their jurisd"actaon, much Iess pay every landowner whose propcrty value has been
impacted. Ota the whole, regulations that are the target of takings Iepslation often increase pxoperty
values by providing a eommunrty wherce golEution is minimi7pd, ]and uses are coordinated, and order is.
maintained. This speculative increase is not considered by talangs legislatian.
We believe that the Colorado Le.gislature, State Boards aasd Cammissions, and Iocal governments are
c.areful to evaluate 4he impact on private interests whenever they consider new regulations. B,ikewise,
we knove tha# the courts stand prepared to reyuire compensation in those few situaYions when
02/01/96 17:43 '&9034681208 PiWCCOG . 0006
regiililations go too far and abeidge individual constrtutional rights. What the Cotorado I,egisfaturc
should noY do, hovdever, is adopt a Padicall new °takings" theory that says 4.hat goverrmaen4 must pay aradividuats in order to goeern. That type of legislation daes not prolec4 constitutional valum nor does
it do ffiay0fing to pro$ec:t $he ineerevs of the public. -
We urge you 4o preserve obe% 200 years of trad'ation and so;and governmenY by ailawing the courts, and
nae the I.egasiature, to decade taidng.e assaes. Please do not aippart (partiailar bUl that yau are v,niting
abouY) or aary of the other uldngs lcgislation before the 1996 Colarado I.egislattase.
Siaicerely,
1~OTESe _ _._.r.._
pYou may vvant to add enore specifics &oIra the garticulaz bffi you are weigir,g about from the
£act sheees ehae are included evith this fax, and give an eacarrdple of how the pmposed legislataon
cAUld affect your jurisdictioa.
~PIease send a Ie.ttes or call your Iegislatvrs as soora as possi6le as the bills arc moving quickly
° CaII Monaque Gil6ert (468-0295 x117) or Lane Wyatt (468-0295 X116) if you would like
more arufogacaation or for updates on what is happening with 4he bMs.
!d
e~
TOWN OF VAIL
75 South Frontage Road
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR IiVIMED9ATE RELEASE
February 2, 1996 "
Contact: Suzanne Silverthorn, 479-2115
Community Information
. ° BU9LDING PERAAOTS ISSUED BY TF9E TOWfV OF l4e40L
The following building permits have been issued by the
Town ofi Vail Community Development Dept. for the period -
January 19 to February 1:
Turner, 2801 Basingdale Boulevard, basement remodel, $15,000, Rusty Wood
Construction.
Adam, 706 Forest Road, interior remodel, $65,500, Southwest Builders LLC.
FDIC, 174 Gore Creek Drive, demo bathroom, $1,000, A.T. Smith Corporation.
Villa Valhalla Assoc. Inc., 364 Gore Creek Drive, stairwell drywalled, $200, Rusty
Wood Construction.
# # #
~ow~ RECYCLED PAPER
h
lY
,
.
~
r. Ourston ~ Doctors MODERRIROUNDABOUTINTERCHANGES
January 30, 1996
Bob McLaurin
Town Manager
Town of Vaii
75 5outh Frontage Road
Vail, Colorado 81657
. ' CREDIT WHERE CREDIT 9S DUE
My partner and I are producing our finest video, "Modern Roundabout
Interchanges Corne to America." The video will show how a concept begun
in Britain has come to America in Vail and is expected to spread to
become the favorite type of freeway-to-street interchange in ,4merica.
1lVe will use the video to promote our services which, as you can see from
our letterhead, depend on acceptance of modern roundabout interchanges.
We will seek the widest national exposure possible to the tape and the
project. VVe would like to get coverage on "Good Morning, America," "60
Minutes," and other news programs.
NVe will also seek coverage of the modern roundabout interchange concept,
featuring Vail, in national print media such as Associated Press, the VUall . .
Street Journal, the New York Times, and Popular Science, as well as in
regionaf newspapers such as the Denver Post, the Los Angeles Times, and
others. Greg Hall and 1 are preparing a paper on this topic to be presented to the Institute of Transportation Engineers at their annual meeting in
Minneapolis this September. VUe will project the video to that assemblage.
I am immensely thankful to you, your town council and mayor, and the
team of staff, consultants, and contractor who worked with you on the
project. As I have told Greg Hall many times, you (the town of Vail) are
the best client I have ever had. I am impressed how you work well
together as a team, always upbeat (at least, as far as i can see), not
formaf, without back biting as I have seen among the staff and consultants of some clients, and you get the job done in a timely manner. Actually,
you finished the interchange project with rocket speed by highway
5290 Overpass Road, Suite 212 Santa Barbara, CA 93111 805/683-1383
r.
)
Bob McLaurin January 30, 1996
;
standards, an industry in which spinning on a dime usually requires about
four years.
I am very thankful that you trusted me when I told the council, "This is not
an experiment. This is not a derrionstration. We know what we are doing,
and it will work." I had wanted modern roundabout interchanges in
America for a long time, but without a willing and trusting client I could
not build one. I am thankful for your trust. -
We will express our thanks in the video. You have done a marvelous job,
something no other public agency has had the courage, vision, wisdom, and
organization to do. You have pioneered a piece of highway engineering
history, on a par with introduction of the first freeways to America.
" Nearly every freeway-to-street interchange in Britain is a modern ~
roundabout interchange. Signalized diamond interchanges, so popular here,
are used there only where space does not permit roundabouts, because
modern roundabout interchanges are safer and more efficient, and they
cost less. It seems reasonable to expect America eventually to follow the
lead of Britain, Norway, Australia, Sweden, France, and others who most
often choose modern roundabouts at their interchanges. If this happens,
you will see modern roundabouts at most new interchanges and at most
retrofits of traffic-impacted old interchanges. For the historic
contribution you have made, you deserve credit and recognition.
Credit will be given to everyone who contributed. We would prefer to
show persons in their roles of contribution to the project as we name
them with subtitles, but where that is not possible their names and
positions will be given without their pictures. I have asked Kent Kriehn of
Alpine Engineering to send me ashort piece of video of himself and Bob
Herbst looking at a roll of plans and standing out by the interchange. A shot of you in tiie ofTiee or witFi oL'ners wouiu ue yood. Ho;rv cio you fEei about showing the mayor and council in the council chambers, pausing a
few seconds with a close=up of each person as we list his or her name
below? (This would have to be the former council.)
We will ask for similar short pieces of video from Winston Associates,
the contractor, and others. If producing such video is too much of a burden
to your town or to other contributors to the project,,we will simply give
names without pictures.
We would enjoy including spoken opinions of the project by anyone who
would like to give them. We.have good footage of Suzanne Silverthorn,
Larry Grafel; and Laney describing the project before it was built. Would
2
0
~
Bob McLaurin January 30, 1996
a
you like to include video of them or others explaining the impact the
project has made now that it is done?
Our time frame is short. The movie will be produced by the end of
February. Therefore we need whatever you have in the next two weeks.
UVe are already offering the video on our educational materials list, .
enclosed.
You do not have to do any work at all on this video, but if you agree with
me that it dvould be in the interest of the town to contribute to it, we vvill gratefully accept any contribution you care to make. In addition to video
needed for credits, we would appreciate the original footage of the hefore
situation and of the vicieos shown over cable TV before the project was
" completed.
Thanks again to you and everyone for a job well done. I am sorry you had
so many rocks throvvn at you before and during construction. IVovv you
deserve credit for being the heroes that you are.
Very truly yours,
~
Leif Ourston, P.E.
3
, RECEIVEQ FEB
tl STATE OF COLORADO
EXECUTIVE CHAMBERS ~o~ , coto~.
136 State Capitoi
Denver, Coiorado 80203-1792 pr; Z•~
Phone (303) 866-2471
e /
~187
Roy Romer
January 26, 1996 ~ Governor
Dear Fellow Coloradan:
I am writing to invite you to an important Smart Growth and
Development meeting on Wednesday, Feb. 14, 10 a.m.-12 p.m.,
in the Old Supreme Court Chambers at the state Capitol. At
th? G r.?eeting, you :aill receivc an update cn Lecent S«<art
Growtn and Development implcmentation activities, including
legislation before the General Ajsernbly.
Cabinet officers. and their staff, who are responsible for
implementation of all 74 Interregional Council
recommendations, will brief you on progress and hear your
advice on future implementation activities.
The number one IRC recommendation was the formation of a Blue
Ribbon Panel on Transportation. Enclosed you will find an
update on its work.
It also is my hope that while you are at the Capitol, you
will be able to pay a call on.yaur state senators and
representatives to advise them of your support for various
initiatives resulting from the Smart Growth and Development
process. In some cases, you may wish to urge support of
legislative bills.
I want to emphasize once again th.at c.his meeting is important in makiiig sure that our work over the last 18 months
progresses. Please R.S.V.P. for this meeting to Charlie
Unseld or Carolyn Misch at (303` 866-2156 or 1-400-0100-4759.
If you have questions, contact Charlie or Carolyn as well.
I look forward to seeing you on Feb. 14.
Sincere_l ,
Ro Rom
Governor
Enclosures
° Blue °bbon PaneIl (on Transportation
a
The future of Colorado's transportatian system was a key concern amonq
participants in last year's "Smart Growth' meetings. Those meetings, initiated
in ,7anuary 1995, involved thousands of individuals in a year-long effort to
define ways of shaping Colorado's development.
The Blue Ribbon Panel on Transportation was convened in lvovember 1995 to asaess
Colorado's long-term transportation needs and financial resources. The panel is
an independent, bipartisan group of 21 business, community, environmental and
government leaders. (P, list of the panel's membership is on the back.)
As Governor Romer pointed out in announcing the panel's creationo "Citizens
throughout Colorado have expressed their concern for how transportation issues
will be handled as our population continues to grow," Romer said. "One of our
greatest challenges will be how well we create and maintain a transportation
system that addresses our highway and transit needs while respecting the beauty
and high quality of life we know in Colorado."
Governor Roy Romer asked the panelists to address six specific questionsn
° What are the transportation needs and priorities statewide?
° 6dhat can and should.the Legislature do with existing state revenue?
° How should the state achieve the necessary level of funding over the long
term?
° 6dhat funding mechanisms can and should be used?
° What type of action should be used (i.e., legislation, referendum,
initiative) and within what timetable?
The Panel is scheduled to submit its recommendations to the Governor, the
Legislature and Coloradans in mid-February 1996. ,
Since its inception, the Panel has solicited the views of environmental and
transportation experts - as well as members of the general public. Panelists
have heard, in writing and/or in person, from representatives of more than three
dozen public agencies, advocacy groups, and other organi2ations.
Virtually all of these groups agree that Colorado faces a long-term shortfall in
transportation funding. There is a striking degree of consensus among
environmental, business and government leaders - on the importance of enhancing
mobility, alleviating congestion, and improving the state's transportation
•infrastructure. Most of the groups also agreed that transportation decisions
involve far more than "pavement"; safety, growth, and the environment emerged as
key concerns. And while there was some debate over the inclusion of air service
and other modes, most of the experts said an interconnected, multi-modal system
should be our ultimate goal.
Moreover, all of the interest groups agreed that such a system could not be
financed by the funding mechanisms now in place. While some of the speakers
debated the size of the shortfall or the best way to reduce it, the need for
additional revenues escaped dispute.
The Blue Ribbon Panel has developed the following critical elements for the
state`s transportation system:
° Seaeice: Facilitate access, reduce congestion, enhance connectivity,
ensure mobility, establish consensus on multi-modal system; accommodate
all transportation needs (air, rail., freight, etc.).
• ° Financing: Measure cost-effectiveness; increase flexibility in planning
and allocation of dollars; make decisions in multi-modal context; define
511 162h Street, Sai4e 210
IDemaer, CO 80202
303-592-1135 (2e1), 303-592-1136 (fax), jps?ra(u!usa-net (e-mnail)
,
. ~
,
and evaluate effectiveness of user fees; provide reliable funding for
- regional priorities.
° Equity and Accountability: Respect local and regional plans, priorities
and perspectives; produce positive impact on environment; retain
accountability to voters, governor and legislature; consider direct and
secondary impact of choices.
The B1ue Ribbon Panel ia currently working on questions of.what actual sources
of funding•could be used and how to insure that the elements described above can
be met. .
The Blue Ribbon Panel will be meeting on February 2 and February 16 , 9:30 a.m -
5:00 p.m., at 1445 Market Street, Room 504, Denver. People are welcome to
attend. The Blue Ribbon:Panel will also be making a presentation at the Smart
Growth meeting on February 14 in the State Capitol.
Zf you would like to receive updates please give us your fax number by calling
303-592-1135 or faxing it to 303-592-1136. .
. Jim Martin
Steve Coffin (Co-Chair) Boulder .
Denver -
Rich McClintock
Vern Greco (Co-Chair) Denver Durango
Betty Killer
Ray Baker Jefferson County
Englewood Linda Morton
Bernie Buesscher Lakewood
Grand Junction
William L. Neal
Aaaemarie Chenoweth Fort Collins
Lamar
Lewis guigley
Stan Dodson City of Pueblo
Glenwood Springs
Richard S. Watt
Del Hock Greenwood Village
Denver
Jasper A. Welch III
. Stephen A. Holt Durango
Englewood • Robert Yuhnke . ~
Bob Jackson Boulder
Pueblo
Barbara Rirkmeyer
Weld County
Harry T. Lewis
Denver
Laurea Marteas
Denver
Upper Eagle Valiey Consolidated Sanitation District F RTED
Vail Vailey Consolidated Water District ss MaiL
846 FOf@St ROdC1GE PAID
Vail, CO 81657 co
NO. 2
Town of Vail (the )
75 S Frontage Rd
y'3i1 CO $1659 lI "
. RECEIVE~ FEB
Notice of Hearing before the Eagle County Commissioners for the consideration of a
Service Plan for consolidation of Upper Eagle Vailey Consolidated Sanitation District
and Vail Valley Consolidated Water District, and ultimately other areas, into Eagle
River Water and Sanitation District.
_ - - - - - i
Notice of Hearing
Hearing Date: February 20, 1996
Time: 9:00 am (
Location: 500 Broadway; Eagle County Building; The Eagle County Room; Eagle, CO
. Purpose: Public hearing on the Service Plan for the consolidation oT Upper Eagle ~
Valley Consolidated Sanitation District and Vail Valley Consolidated Water
• District at a May 7, 1996 election, which Service Plan also provides for
possible ultimate consolidation of water and sanitation services throughout
the eastern half of Eagle County. A copy of the Service Plan for the ~
, proposed Eagle River Water and Sanitation District is on file at the Eagle
County Clerk's office. i
Maximum Mill Lery: None ~
Exclusion Process: Those persons owning property within either District who wish to be i
excluded from the Consolidated District to be voted upon in May, 1996 may
file a Petition for Exclusion with the Board of County Commissioners, !
P.O. Box 850; Eagle, CO 81631, no later than ten days prior to the hearing.
!
A -,Aj-e,
ee
e4
TOD'D'1 ~
75 South Frontage Izoad
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
MEMORANDUM
TO: Bob Armour Michael Jewett
Sybill iVavas Paul Johnston
Kevin Foley Ludwig Kurz Rob Ford
FROM: Desiree Kochera
DATE: February 5, 1996
RE: Town Council Biographies
We would like to keep short bios of all Town Council members, department heads, and
key staff members on file in the Community Information office. To help us with this
task, please fill out the attached questionnaire (use other side if necessary), and return
to me. I'll use the information to draft bios and return to you for your review.
Thanks for your help with this project.
/dak
RECYCLED PAPER
QUEST{OfV{VAIRE FOR TOWRf COUIVCIL BIOGRAPHIES
Please answer all the questions and return to Desiree in the Community Information Office. Thanks.
1. Where were you born and reared?
2. Co{leges/Universities Attended, Degrees, Awards Obtained
3. When and why did you move to Vail?
4. Current Occupation
5. Past,and Present Community Efforts
6. Hobbies and Interests
7. Description of Family (spouse, children, etc. )
East Vllege Hom~wners Agsoaetion xC ~ C'Ew~.c~
avb
To r~
r,AsT VILLAGE oMEoWNERs AssoclATIoN, INco
S ~
Officers: President - Bob Galvin Secretary - Gretta Parks Treasurer - Patrick Gramm
D'uectors - Judith Berkowitz - Dolph Bridgewater - Ellie Caulkins - Ron Langley - Bill Morton - Connie Ridder
To: Piete Pieters, Vail Recreation District
Town of Vail, Town Council
From: Jim Lamont, Administrator
Date: February 2, 1996
RE: Ford Park Volley Ball Courts
Please be advised, regarding our recent discussion in the Ford Park Management Advisory
Committee, that the Homeowners Associations favors, in concept, the locating of four.volleyball
courts on the east end of the soccer field by the Vail Recreation District (VRD). The Homeown-
ers Association favors the concept subject to: notification of adjacent property owners, the submis-
sion and review by the Town of Vail of the proposal. Further, the Homeowners Association
favors the proposal provided that the open space area east of the soccer field is not used for
parking.
The Homeowners Association reserves its final comment subject to its review of the pro-
posal submitted to the Town of Vail. Further, the Association requests the support of the VMD
that the open space area east of the soccer field, denudea last summer for the purpose of serving
as a construction staging area for a road construction project by the Town of Vail, be revegetated
and restored to its natural condition. The Homeowners Association is disappointed that one of
the last remaining tract of non-riparian riative vegetation on Ford Park would be used for the pur-
pose of a construction staging area by the Town of Vail.
cc: EVHA Board of Directors
D:/EY/FP020296.sam Post Office Box 238 Vail, Colorado 81658
Telephone: (970) 827-5680 Message/FAX: (970)
02/05/1996 11:29 9704762789 HONEYWAGON/DONOVAN. PAGE 01
60~
C~ae-c
Febraary 59 1996 5~-e•--
5
To Whom It May Cowtxan:
RE: New Sand Vo91eybaF1 Coaarts On Existang Soccer Fie1d
Ag a ' r mfthe sorcep fic&d,1014 Homestalce Circlc, my fan* wi1 be imPwed b>r
any actwkks at Yhis lacataon.
We are an con*ete stppoat of thhe proposaY tv local foua° sand cauats to the east aii af th~
W&ft field.
9'd e ~ouA6$ ~uast t%a ~ naturd area w66 he SL6G66 WAR36R uMon rock pEDC.99 67G
pffO4w$~ wft a stwlmd . lO$ "'Pig~ fiEbCe TlffiIIltlg p=Uel [O ~ail VafleST Dr1VC. The
eKC$ iQCatflOIH W01i1d depoW Q81 Wheth..°f a bl1S OT '6?ehiCI@ $1rII mund 1S SffUWed $hCre. jt
m an issue tbat is ' in seveW forum& (~t wOU1d be moe to rebWld the Eence
on the north side ofVai1 VaIey Drive thd de6med the N~ Center and was
mmecwwily aemved.)
& woWd ~w any bleacbm on eop mf the hilt at the cast end.
Itt sh,ould ~a cond°aeion mf approval tba2 all advertising, forrns etc. having to dm wmth
acdvities at the soccer field anchWe infomation regaeiUng locations far parlang.
~ mtuM vege$adaoaa an thedogleg of ~le 6 ia slavv~ being eibninated wrhxcb causes
~e.n x~:ne paopk ~~r to ~across the 'snside. If the wv cou8ts xeed protecb.om I woutd
hope ie wM be more plasing than what as at the ' ' range. The poles 4hm am awful?
'Ihe a;aurts were foanerly at Gol~ Peak aaad large to ts bave alvvays been on the
Uds w I do not sm aa increase in knpacts. I'm glad to sm etai actierity that does not
• a mpup continaed.
reqwm picam ca if gou Dave any queseaons.
ss Y9
Diann Donovan .
476-3Sllfl
RECEdVED FEB 5 1996
STATE OF COLOKADO
DEPARTIv9EfVT OF TRAIVSPORTATION
nT
4201 East Arkansas Avenue
Denver, Colorado 80222
(303) 757-901,1
~~-F-
DATE: January 29, 1996 ~
TO: County Commissioners, Mayors, City Council Members, Inter-Mountain]
Regio 1 lanning Commission IVlembers, and Interested Citizens
FROM: Phi son, CDOT Local Liaison
SUBJECT: February 16, 1996 Inter-Mountain RPC meeting
Iv1r. Lou Trapani, State Transportation Advisory Committee designee and acting
Chairman oi the Inter-Mountain Regional Planning Commission (RPC), has schedu(ed a
meeting of the RPC from 10:00 a.m.-12:00 p.m. on February 16, 1996. The meeting will
be held in the Council Chambers of the Avon Town Ha11, 400 Benchmark Road.
The purpose of the meeting is to discuss and act on issues and requests relating to the
development of the Statewide Transportation Plan focusing on amendments to the Irater-
Mountcaan Regional 7'ranspor7arion Plan, the Colorado ZO-I'ear Transportation Plan
and identifying those projects to be included in the 1997-2002 SPttte Transportation
Improvernent PoRpam. Also, the RPC will elect a memher from the RPC to serve as
Chairman to replace Commissioner Joe Sands who resigned as Chairman of the RPC in
January.
If you have any questions relating to the meeting, please contact me at (303) 757-98 i 7.
CDOTIM
v
•j':-
Aul or
TrRvcl & Tour'~m
~,~~I%~ i^^• ~~I~~rrrr`` . . !~longer 1996 Our Messaon Is Voua~ Success a
1~C: Ct9V~t~~el.~
IB
The a ol'-s Are In o 0 0
~ he CTTA Board of Di- Filling the remaining three at- they will make decisions regarding
rectors will welcome 11 large seats as new members of the the direction of Colorado's tourism
new or reelected direc- CTTA Board of Directors are: marketing efforts, direct the
tors to their table in 1996. These OGrant Carey, Cave of the fundraising efforts to support the
newly elected board members, Winds, Manitou Springs marketing programs and represent
who were chosen in a stake- the CTTA both within the state and
holder election held late last E]Tom Garrett, La Montana,
year, will join the 10 directors Steamboat Springs nationally.
The announcement of the re-
currently serving on the board. ElBill Tarpley, Tarpley RV, maining five board members should
Sixty-two percent of the eligible Durango occur in late January. Please con-
voters returned their ballots,
making this election a definite All the directors will be respon- tact these six new and returning at-
success in the eyes of the CTTA. sible for representing the interests large directors to congratulate them
Stakeholders elected six at- of the entire travel and tourism in- and give them your ideas and input
dustry to the board. Additionally, for the CTTA.
large board members who will
each serve one-year terms. The
election also determined the o
names of the top two candidates
in each of the five business cate- Colorado Delegation Back From Washington
gories: accommodations, attrac-
tions, food & beverage, recre- he first ever White following are a few suggestions
ation and transportation. These ~ House Conference on that each of us can initiate to carry
names have been submitted to Travel and Tourism on the mission of the WHCTT.
the governor who will select one (WHCTT) has come and gone, o0o Use your own company's com-
person in each business cate- so what do we do now? The munication materials (newsletters,
gory to represent that industry 18-member Colorado Delega- brochures, annuai reports) to
on the CTTA board for three tion, of which four were from the highlight the importance of the in-
CTTA has alread held an ini-
years. tial follow-u tin to the dustry and your organization's
Reelected for another at- p meg role in it.
large term on the CTTA Board of W H C T T an d is formu la ting rec-
ommended action ste for Write a letter to the editor or an
Directors are: ps opinion/editorial to your local
E]Sallie Clark, Holden House tourism businesses and our state. newspaper about how your com-
1902 B&B Inn, Colorado A central theme at the con- munity benefits from the travel
Springs ference was the need for indi- and tourism industry.
OJenny Fitt-Peaster, Rocky vidual action and the impor- Arrange a meeting in your
Mountain Vacation Publish- tance of building partnerships. hometown with your national and
ing, Boulder The CTTA is a perfect example state senators or representatives
[EBob Foster, Lost Valley of partnering for success in the to discuss the travel and tourism
Ranch, Sedalia travel and tourism industry. The (Continued on page 3)
m . Living With Colorado's New Area Code page Z
Ir1Slde.e. Sumener Marketing Campaign Poised to Launch page 2
Just How Many People Are Using the Internet? page 3
Board of Directors page 4
CTTA Winter 1996
Living With New Area Code First Summer Promotlon
Colorado's ince the 970 area through to the businesses in In Two Years
s code. was imple- our new area code if they are ~
mented last year, you having trouble? Making an Launches This Spring
and your customers have still operator-assisted call will al- been able to use 303 to reach low them to reach the 970 re-
the areas covered by the new gion. They can also call the olorado's first major
prefix. However, January 15 Area Code Hot Line at 1-800- promotional effort since
marked the end of this permis- 441-5516 to report the trouble 1994 is just weeks away.
sive dialing period. and find out how they can This co-operative summer
As you may be aware, place their call. marketing campaign between the
some people are having diffi- Because the implementa- CTTA, the Denver Metro
culty using this new area tion of new area codes is so Convention & Visitors Bureau and
code. Because the center widespread, experts believe American Express highlights
digit is not a 1 or a 0, certain that the antiquated systems Colorado as an outstanding
phone systems do not recog- will be updated and replaced destination for many types of
nize this as an area code and at a faster rate than if only a summer vacations.
A 24-page, , four-color
cannot place the call. small portion of the country publication will appear as a
Other problems may be was affected by the change. supplement in the April issues of
caused by small exchange Travel & Leisure and Food & Wine
companies that have. not.:up- :Ed,uca$e Yqur Custorners_. _y magazines. The advertorial insert,
dated their equipment and What can we do as an in- ~Which`'includes 1-800=COLORAGO
long distance resellers who dustry in the meantime? Edu- and colorado.com for consumers'
buy time from the major carri- catin our consumers is our use in requesting more
ers and resell it without the g information, will also be sent as a
best course of action. Try to direct mail piece to selected
technology to back it up. include a simple message in American Express cardholders.
your printed materials in- The promotional campaign is
Colorado Is Not Alone structing your customers on underwritten and coordinated by
This is not a problem how to reach the new area the three major partners.
unique to Colorado. By the code. Helping them reach you Additionally, sponsors in Colorado
end of 1996, 22 new area is the most important step to- have purchased advertising in the
codes similar to Colorado's ward getting them to Col- insert publication. Sponsors can
will be in lace. Ore on, orado. anticipate a 3:1 value for their
p g advertising dollar.
Washington, Minnesota and Colorado will receive
Florida are all experiencing significant exposure as a summer
the same problems. flrell C'Ode Hot Llne leisure destination with this
Additionally, the supply of campaign. The partners will be
800 numbers is dwindling. 1-800-441-5516 tracking closely the results of the
New 888 toll-free prefixes will program. It marks the beginning of
start appearing this year. what the CTTA hopes will be a
~i strong partnership for the future
Getting The Call Through ~ with American Express.
What can the potential
Colorado consumer do to get
Page 2
~ -
.y..::. COlOICaaIO Tfl'a9'~l & T0?Il1C'llSIIIll AIlIltflIlOIl'Ilt)'
~ F
g"ilPO Box 3584 o~ 9~iw ~ a
, • nglevvoodl, Colloradlo 80Il55 F€e- iss ~g I ~ ~ ~
;P lE
~SLP.^i.iiJ~:
303/779-5965 V6 ME?ER
\,co
&164, U.~ pOSTAC~Ib
- -
Town of Vail
Peggy Osterfoss
75 S. Frontage Rd.
Vail, CO 81657
RECEd~~~~
CTTA Board (Df Directors
Accommodations At Large
Warren Clinton, Castle Mountain & McGregor Mountain ~ Sam A.rnold, The Fort Restaurant, Denver
Lodges, Estes Park #Grant Carey, Cave of the Winds, Manitou Springs
~ Steve IIDewire, Hyatt Regency Beaver Creek, Beaner Creek Sallie Clark, Holden House 1902 B&B Inn, Colorado Springs
T.C. Travis, Trail's End Campground, Stratton o Dean Dennis, Pueblo Convention & Visitors Council, Pueblo
Attractions Jenny Fitt-Peaster, Rocky Mountain Vacation Publishing,
Boulder
Amos Cordova, Durango & Silverton Narrow Gauge Railroad, gob Foster, Lost Valley Ranch, Deckers
Durango #Tom Garrett, La Montana, Steamboat Springs
~ Sandy Gurtler, Elitch Gardens Amusement Park, Denver o pete Meersman, Colorado Restaurant Association, Denver
Bruce Schmalz, Dostal Alley Casino, Central Ciry xBill Tarpley, Tarpley RV, Dzsrango
Food & BeveraQe
* Currently up for re-appointment
lF'rank Bering, 3r., Gladstones & The Winery Restaurants, e Term eYpires February 28, 1996
Grand Junction
~ '&'ed Calantino, Irish Pub & Grille, Pueblo
Leo Goto, Wellshire Inn, Denver
Recreation ~ T TA ~ t~ ff
Steve Bromberg, SilverCreek Ski Area, SilverCreek
Bill BDvorak, Bill Dvarak Kayak & Rafting Expeditions, Salida
~ II-IIarry M[osgrove, Copper Mountain Resort, Rich Meredith President
Copper Mountain Linda. Stamper Director of Communications
Transportarion Barb Taylor Carpender Director of Sales
~ gDavid Adamson, Resort Express, Inc., Silverthorne Steve Wyatt Pt^oject Manager
Jim Bain, The Ski Train, Denver Melissa Beck Project Manager
Chuck 1Vlurphy, Pikes Peak Tours/Grayline, Colorado Springs
Page 4
Winter 1996 GTTA y
Just How Many People Are Using the Intemet?
he travel industry - as services. Right now, while it's noted in a report in the Orange
~ is true of other indus- not difficult to monitor connec- County Register.
tries - is spending a tions and bulletin board "hits," Worldwide, around 30 mil-
lot of time and money figuring it's hard to know just how lion people have"online capa-
out when and how to integrate many users there are. bility to exchange e-mail, ac-
the new electronic online tech- Despite reports by cording to studies by
nology to support and improve Netscape Communications Dataquest Inc. in San Jose,
marketing. Everyone wants to Corp. of some 30 million World California. Of those people,
be ahead of the curve, but at Wide Web connections in one about 14 million can use the
what cost and in what direc- Internet, and half of them, or 7
tion? The promises of the fu- while it's not difficult to million worldwide, can use the
ture are a lot rosier than the monitor connections and World Wide Web.
reality of today. bulletin board "hits,"iYs hard
to know just how many users 3 11Aillion llse America On-
30 Million People Online? there are. line
The whole online business week, no real survey has been The 30 million people fig-
is expected to change rather done of how many people are ure comes from three sources:
drastically now that Microsoft connecting and for what pur- (1) commercial services, such
and other big companies are poses. More Americans prob- as CompuServe, America On-
entering the field and making it ably visit Disneyland than surf line and Prodigy, which claim
~ -easier_for. people. to use the . the Internet, Stephen Lynch nine m:llion custcmers com-
bined; (2) corporations, and
~ (3) rough estimates. America
Online, which had 300,000
~ subscribers in 1993, passed
~ the 2.5 million mark in May
and reached 3 million before
FromW%atch your mail for the Fourth of JulY accordin9 to
(Continued from page 1)
industry's importance to job cre- information Bloomberg Business Report.
ation and economic growth in the C7'TA! Reprinted with the permission of
our communities. Travel & Tourism Executive Report,
These are but a few of the (Juugust), 2021232-7107.
positive steps that we can each
take to continue the momentum
generated by the White House Conference on Travel and 1995 CTTA gfafs
Tourism. CTTA Board member
Warren Clinton has agreed to 4 634 Colorado businesses became CTTA
head-up Colorado's WHCTT
follow-up efforts. Contact War- Stakeholders in 1995.
ren at 970/586-0320 with ques-
tions or comments. 4 Nearly 120,000- requests for information on
Colorado haNe been received by the CTTA since
June, 1995.
Page 3 _ x ~
Tvau,~ C.%
, cCOE~INs alvD CocKg.EL, P. c.
PAUL R. COCKREL TELEPHC IE
ATTORNEVS AT LAW
JAMES P. COLLINS (303f 986-1551
390 UNION BOULEVARD. SUITE 400
ROBERT G. COLE .
DENVER, COLORADO 80228 - 1556 WATS
PAUL C. RUFIEN 18001354-5941
-
February 1, 1996 TELEFAX
(303) 986-1755
Town of Vail 1VIr. Steve Thompson
75 South Frontage Road
Vail, Colorado 81657
Dear Town Representatives:
Enclosed is a copy of a Notice of a County Commissioners Hearing on the Service
Plan of the Eagle River Water and Sanitation District. This Service Plan provides for the
immediate consolidation of the Upper Eagle Valley Consolidated Sanitation District and
the Vail Valley Consolidated Water District. It further provides for the ultimate
possnbnllity of other consolidations or inclusions occurring into the regional water and
sewer entity above Wolcott.
Any such further consolidations or inclusions wauld require the approval of the
electorate in each area and is not expected to occur for many years in the future.
IVonetheless, the statutes require this notification.
Please let us know of any questions. In my absence, Paul Rufien, 1Vlicki Wadhams
or Toni Burns can respond. Sincerely,
/
/ COLL S D E,~ . C. _
~
James P. , o ins
. Attorney for Upper Eagle Valley
~ Consolidated Sanitation District and
Vail Valley Consolidated VVater District
'/ab - . . . . . . . . , .
Enc.
~
~ .
- NOTICE OF HEARING
IN RE THE CONSOLIDATION UF UPPER EAGLE VALLEY CON50LIDATED
SAIVITATION DISTRICT AND VAIL VALLEY CONSOLIDATED WATER
DISTRICT, EAGLE COUNTY, COLORADO ,
PUBLIC NOTICE IS HEREBY GIVEN that there were filed with the County
Clerk and Recorder of Eagle County, Colorado, a Service Plan and related documents for
. ~ the proposed consolidated Eagle River Water and Sanitation District. The Service t'ian
and related documents are now on f:ile in the office of the Clerk and Recorder, and are
available for public inspection.
NOTICE IS FURTI-ER GIVEN that by Order of the Board of County
Commissioners of Eagle County, Colorado, a public hearing on said Service Plan and related documents will be held at 500 Broadway, Eagle, Colorado, at 1 O o'clock .
1~.m. on theFZQ~,day of 1996.
The purpose of the public hearing shall be to consider the adequacy of the Service
Plan of the proposed consolidated Eagle River Water and Sanitation District and to form a basis for adopting a Resolution approving, conditionally approving, or disapproving the
Service Plan: The proposed consolidated Eagle River Water and Sanitation District is located
entirely within Eagle County, Colorado and is generally described on Exhibit A attached
hereto and incorporated herein by this reference.
In accordance with the procedures set forth in Section 32-1-203(3.5), C.R.S., the
owner of any real property within the proposed consolidated Eagle River Water and
Sanitation District may file a Petition with the Board of County Commissioners of Eagle
County stating reasons why such property should not be included within the proposed
consolidated Eagle River Water and Sanitation District and requesting that such properiy
be excluded therefrom. Such Petition shall be filed no later than ten (10) days prior to
the date fixed for the hearing thereon before the Board of County Commissioners.
~
; • ,
PUBLISHED BY ORDER OF THE EAGLE COL1NTY BQARD OF COUN''I'Y
COMISSIONER.S.
/s/ Sara J. Fisher .
Eagle County Clerk and Recorder
1
EXHIBIT A
A general description of Eagle River Water and Sanitation District is that it shall
initially comprise the current baundaries of the Upper Eagle Valley Consolidated
Sanitation District. ' :
dd
db
TOWN OF ~AIL
75 South Frontage Road Office of the Town Maiiager
Yail, Colorado 81657
970-479-2105/Fax 970-479-2157
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin, Town Managerp--~-,
DATE: February 6, 1996
SUBJECT: Railroad Update
Several weeks ago George Roussos, the County Engineer, briefed the Town regarding the issue
of the abandonment of the Southern Pacific Railroad. At that time the County had requested
approximately $4,000 from the Town of Vail to participate with Eagle County and several other
municipalities in Eagle County on this issue. Following George's presentation we have had a
chance to discuss this in more detail amongst the Town staff. We believe while the railroad does
not run directly to Vail that it would benefit (either as light rail or bike path) the Town. Therefore,
we believe it would be appropriate for the Council to authorize the money requested by Eagle
County to participate in this study.
For your information I have attached an update from George regarding this issue.
If you concur with our recommendation, it would be appropriate for you to make a motion to
authorize $4,000 to be expended on this project. These funds would be taken from the Council's
contingency fund.
RWM/aw
Attachment
RECYCLED PAPER
~
SENT BY: 2- 1-96 ; 9:54 ;CummunityDevelopment- 3034792157;# 1/13
FACSZM3Lg TRANSMITTA%, BULLETIN
Date: January 31, 1996
To: Kent Hager, Lake Caunty Administrator FAX (719) 4866-3972
Bob McLaurin, Town of Vai1. FAX 479-Z.,1.eC 2157
Cal Thomas, TQwn of Red CYiff FAX 827-5300
Dick Dangler, Tdwn of Minturn FAX 827-4049
Vdillie Powell, Town of Eagle FAX 328-5203
Jetf Shx'all, Town of Gypsum lhq...k FAX 524-7522
From; George Rouccoo, Eagle County Engineer FAX 328-7165
13 Pages To Be Transrnitted
YI1Cl.lldlily T2ii5 Cover Page
Subj: Update on Railroad Issues
Attached is a copy of a letter I received today concerning
antereEit that has been expresseci in the Tennessee Pass line by
Montana Rail Link and or..hPrs_ Tr_ adds an interesting dimeneion to
the whole merger and abandonment application. Please give this matter some thought and we wall diiacuas in the near future. I have taken the libertlr of also including a draft of Senate
Bill 96-103 dealing with the establishment of a state rai1 policy
and associated rail bank ac:count. ' This is provided for your
iniEormation purposes.
ConCex'ning the railroad attorney which we have hired, Y will
be farwarding a draft agreement soon, once I have a better
understanding on the level of involvement from the mown of V'ail.
Zf you have ar1y questioz1s on this matter, please call me at
(970) 329-8750.
~
.
SENT BY: 2- 1-96 ; 9:54 ;CommunityDevelopment- 3034792157;# 2/13
• a.ew ~P.nr.wx
. FR4T4+ R. K6aii~TO 6 aCa
' RtJLTrtC 950 Wlgi3
91o[) A1gt1R' htD$W AVF.Ni:D':. N.W.
W1aSHINCs'10M. BY.I;. ~(J(DLDPS•:l~Dli4 W0W ta7i•Rif1f~9
' RPAX~
J~ary 31, 1.996
VxA PaX (970) 328-8797 Mra c~mrsra 3. llmuoDoo
County sngineeg
P. 0. Box 850
E#gleo CfJ 81631-0850 .
Dear George: .
In its raatice of into'nt to file an respmrisive appliaati.an
fi1.ed yes~ardaLy ic F1nanCe DUCket• ATo. 32769, IJY1;on PaGif ig Cero.,
gt al._ - -Controi and MeLglr- -Southesu Paai ic Rail Corin et. al . ,
Moxatana Itail d,a,aa]c, Ine., aahort line sailroatH aperating, as the
name suggests, in Montana, prnpoaed that it be al].osod to purchase
the Tealraesgee Pass line, as well S6 a11 other fdrat9r lDB•GW linES in
eolosado, ~~ether wi th li.nes extending to the west tm Stocktan,
Ca11fornia, and to feh~ ~o xarisag Cit.y. Missourf..
. Samilarly, the SvPface Tsar?sFortataora Board reGeivee1 noticea
t~~~ calling itself the vdaetern Sbippers °Coalitian and
Comomwealth: Edisan Compaany wi9.1 be filing reaponsive appiications
oeelcing tkbe cozbveyance cat these vezy same lines or traclcage rig2ats
ovex tYaeme
Taas inta'oduces a n~w w.rinDcle. BaLg].e and Lake Caunties and
the s@~eraZ tawns now wil1. zaPad ta denide whether they wi11 want to
fa.le r-ormnents on March 29, 1996', suPPorta.ng the concept that the
Tanneasee Fass lina should be sold to asaatlier raiiroaLd or that
another rail.road skaould be graxxted traCkage righte ouear it, aacd,
furt,laer, wllether they w311 want to endorse ozle o~ more of the
reejponei'cre applicant@. a~ the eneantime, of coutse, they akaould gO fOrr,svard witb
p,l amnang ta bu}/ the lire i.f, it uaere a17andoried, f or I Sm not ,
optimistao that the resporisive applieants wi? l prevai]..
. %f yau havo cpnnstions ax?out &1y Of this whiC,h ynu think
SENT BY: 2- 1-96 ; 9:54 ;CommunityDevelapment- 3034792157;# 3/13
l~r . ~,eargr~ ~ _ ~ta?a~~o~ J'anuary 31, 1996
Pas~e Two . .
Y may be able to anaweg, want copies of the aaotl~~s or if I otlnervi~~ can be og helpo p]ease lgt mg knaus.
~~st rega~dr..
5incere1Y youm
. .
FrA2 . KaYbra
cC: James R. Pritze, Eeq. .
Step$aen D. Mfegs, Esq.
SENT BY: 2- 1-96 ; 9:54 XommunityDevelopmenti 3034792157;# 4/13
mrd04h aenrro9 Assaettbtg
LLg N0. 96=0244e01 wF SEwATE BILL 95- ~ n ~
' - ATE OF COLORADO
. ~~pf ~I1T10~
• BY SMSORS L. Powerao Feeley, and Rlzzatoo
. . . . appROPR1~~ON~
s - .
A BIIl.~ FOR AN RCB B@D CONLERNING B'HE ESTABLISNMENT OF A ST10TE RAIL POLICYO, NMfl dN 102 CONJUNeT80N THEREYtTN9 ES7A8LI3HING A RAI! BW ACCOUNT
103 AM HAK7NG M AtPROPaYJITIdN TH£aEFOREo .
eill gtromery -
(Xafte ghi~ ~ary apppfes #a tlri$ 8ill as i»tr°odusod
a~ does ~t aecrsser!)y rtfJect sny mandments whfch mily be
su6ssquently ed~~tedo ) .
~stablishes a ztate rail bank for 4h• aCquisition and:
. pregQreation o€ abandaraed rail lines and raQhts--of-arayo
Aa'~s the oxwatf+re directar of the department af
_ trangportation td aequfre aligfb1e 1ines for tht rail brunk by
. purchase oQ condmnati ona 6rants tltie stat, a r# ather
refusal U pu~ase railroao n°iyhtS-af-vyra Ai 1ows .
dQpao^tapents aead p11itic+1 subdiVisians of tlir state to exarcise
the state°$ rigfGt of first refusal thrauqh the executivg
• ~~~~t.o~o .
Providas th~t acquared rail l11e5 imy be us4d for certain
stated truspnrtation ind p461ic vs4g imluding trai1 useo
Aedtboa°iZes the dio°'ector to sell or lans •rigAts-of-w4 to .
opvratoe°s &M to Intewene In iattersta?ti ~ammerte comission .
haaringg t@ abandon rail line:e Reauin~ pub]ltatian Rnd a
fiearinq bef~~e the axe?cutive direttor~ can =Wre, di:pose ota .
oiF use any Fiqh~~f-Wo
Aeqviras %he executive dir.ctor ta study railroad. lin4s
~af- 4aelusion In the rail aank and to ma1nUin an0 mmaga lira:
acquirad foP the banko ProAibits prt•vate constrnctisn ind use .
of.rights-of--way In E manner that rroult! 1tm1t tAe abiiity to
, restore rail serv9co without providing aottce and allowfnQ the
executl v~ ~irectoa to ac4u1 re, the propertye Extsbalsbes a sAaeial fund in the state tr*$Sprr wath tQfl
m9l'8 ion dollars fron reservgs for Lhe purxhus and dmintaaffince
. of trail 'ban~ propertyo • .
appu°apri aSi ono . D ~ ig somt~~ ~~e Gonermy Assenbly of. 9he Stato af Colmradod - -
capw tswm kdww mm suurirrl ro bs O&M m mbft =rre. tie wanda trlftrs dl+laor.mjioon =RAs admwv
.
SENT BY: 2- 1-96 ; 9=55 ;CommunityDevelopment- 3034792157;# 5/13
,
I SECTION ba Article I of t1cle a36 coiop.do aevis.a
~ .
2 Statutes9 1993 Repl. bole„ as =ended~ ~s =ended aY THE
3 ADDYTIM OF A WEW IPd1RT to mado . , 4 . PARr 13
~i SYATE RAIL BANK ' .
~ 43-1-93a1o Legis3at1~ dectarationm (i) THE GENERAt
? A55F148LY'-IfEREBY FIINOS AND OECLARES TNAT TNE ABANbO1tMEHT Of :
a RAILRQAD RAIL LYNES AND RIGHT54IF41AY AND "tM RESULTiMG LOSS YMt
9 RAILRM sERra~ AND COMP€TIrioN iN THE PRovisIon aF RAtLROAD -
10 SEitVICE M ME PEOPLE AND ISUSIHMES LOW6TED A9.ON6 ABANDOM
bg RAIL LINES AURMLY AFFECTS THE PEOPLE AND THE EGaMff Of THE
12 STATEe THE GE!!fRAi Il55MLY FliRT13ER fINDS MD DECCARES 31U1T
13 ABANXMKNT OF RAlUtOAD RIGH%5-0F-Y~T ALS0 TOUTEN5 THE
14 P0TEN3IK FMK U5g 0F EST11alISKEt1 COkRIDORS FQR ttAAIlo TRI1Yl.n .
OR MM PttR Bo YF THE RI&M°OF-YAY ARE AtLQItED TO BE SOID.
, 96 BRMU @1Pa 09 B11YLT UPOK By DEYELdPERS 0R THE 0WM OF
%7 RnERSiONARv iwrEREsTso
Ils Q2j IIT 3 Yff I OF THIS PART 13 1'0 E5TA1LISH ANtD
. 19 B1lDOR5E POL%~IES TO EKOURACE THE Ct1NTI(IUED uSE OF EXISTING RAIL 20 LIN~~ ~RESERVE LYNS MO RiCERS4F-VAr 7MT NAVE BEEN
zIl AWDQNEDfl Ai9D MME THE RMW. U5E OF AMMED RI&NTS-OF-ifAY
FOR FREIOff, IT0 1CATIOllo . ENERGY9 'iRAI9.o Ott
23 RECREATION~L PU ESo .
24 •43-1PIl3ffio Bef9o9t9onso /IS i15ED IN THIS PART l3fl UNLESS
, ~l THE CDNTEXT ISE REQ11I a • e
26 ' CBD p Ep~ p USED 'IN REFMCE' 70 A RAIL LIliE , .
- . -
atl ~o3
~
SF1VT BY: 2- 1-96 ; 9:55 XommunityDevelopment- 3034792157;# 6/13
1 0R RIGNT-9F-IIAYo HEMS A L%NE 01S RIGFiT-4F-WAY VITN RESPECT T0' .2 WHI6H THE %NTERSTATE CQMHERCe C"ISSION OR OTF1ER RESpONS16LE
. . 3 FEDERAAY, REG48LATORY AGENCY HAS PERMI'dTED DISCONTINUA%CE 0F RAIL
- 4 gERb%CE. 5 qg) °DIR]rCTQRP PIEANS 'THE EXECUTaYE QjRECTOR OF 7HE -
5 DEPARTl9ENT @F T POUATtON_ . . .
7 °RYG97=OF=YAYW dOEAN510AY RE11L PAOPERTY, IbCtUDIHG 1WY
ff IINTEREST gN 7HE REAL PRDPERTY, 7HAY IS OR HAS BEF.N oMlED BY A °
9 RAILROAD CQMPAdY AS THE SI7'E0 OR IS ADJACENT T0 7Ht SITEo 0F AN
10 EXISBING On FpRMER RAIL LINEo
Bb Q4y °STASE RAIL BANltO MEiWS abANDQNED RAIL 1tKE5 Mp
12 RIcHTsm~~-WAV ACQUYRED BY THE DIRECTOR PURSUANI' 7O TFlIS PIIRT 13.
13 43-1-x3 0EstaMislmnit of ra1l banfta A STATE RAIL BANK
. 14 SHALL BE ESTABLg5 FOR ifHE ACQUYSY~ION AND PRESfRYATION Of .
~ 15 £LI6ISLg E9 RAIL LTNU AND RIGHTS-OF-WAY AND OF RAIL
.
16' LYKES AND R%WUS-OFaVAY PRntosED Foa ABAPWNMEnt aN A RAiLROM
17 C0!'IPAHY°S SvSTEl4 WA6R,At9 W.
.
18 43-2-R o ' Flig1bqepropeM: (1) AN A8ANOONED AAIL.LINE
19 OR RyW-OF-MIAY 95 ELI6IBLE FOR ACqUI5ITION AllD PRESERVA7Y0N IN
20 THE Si'A~ ~~L OMK IIF TNE DIRECTOR dETEMINES 1'HA7 iT SE'WES-
21 OR ~ SERvE oNE OR FM OF THE FoLLoWrNs PuRPosEs_
THHE ESTABLISHMM OFfl ACtESS 70o OR TNE MA1NTENMlM '
~3 OF -A WSPBRTRTION IDOR FOR FDt£IW OR PA55ENGER
. 24 TRANSPORYAI8O1+8USES; . .
25 QbD ACCESS TO A REGIoN QR FACxtI7Y TO PRGYIDE FOR THE •
26 SPORFAT%ON OF EXTRACTIYiE RESWKESv AGR1CULT1fiA! PRQDUCTSo
-3- 103
StIVT BY: .
. . 2- 1-96 ; 9:55 ;CommunityDevelopment, 3034792157;# 7/13
fl NANUfAMRED PRODvCT$9 OR OTNER PRW1JCT5, 6OOD5q ~ NAMIALSo
R Y RTANT ACCES5 TO SURROIMIl1C 37A3ESo • .
0 (d) ENy OR P4TEHTIflL CCitRIaOR FOR X PIPELINE4 _
4 ELECTRICAL T YSSION LIHEP WICMYg TRAHSIT RW'Ep Ot QT4M
5 SIMILAR l0RTATION 0R TRAN5lt%SSgON USE9 OQ . .
IC USE, INcLWaNG TMtL USEa .
~ 43-1mII a It1tion4 lff DIRECTQR M ACQIIIRE 1Y
8 PIIRME ALb OR PAlff 0F ~ tLIrmIgLf RUL blNf Ot' ttI69ff-Of4L4T
9 IN A RAYLRM CON1PdUlY9S S1'STEM DIJI&1tAN9 W. 3K DIRECTDR NAY
10 ACQUIRE BT EMINEffi' OMIFt AN INMST tN ABANDONED RAtI LINES
IlIl OR Rt6NT~~F-WAVa EXCEPT 7MT THE DIREETOR 9lNY NO'f A[Q1IRE 8Y
, 12 EMgHM DOMAIN ~INES O'It RIG)IT5r0F-M111° TiAT ARE NOT .
13 ABAMXWM OR ARE OWKED BY A lOLI7ICA1. ~lBDI9I5IOM OF'TNE STA3E
g~ ANOTHER ~ATEn ALL MPOTY TAKEli SY UEUHSE OF `iilE .
. 95 . MYER OF DlifilENT DOIAIn UNMR 7l1I5 SEC3xORi IS DEC1ARfD TO Bf . . ~
16 TAKK£N F0R A YC QOYEMIEt1TAl RNtPoSE AND llr A NItiTEiB OF
17 • P1fBLIC 9dECESS1Btlo WHINC IN -THIS SEMON :ML BE C0NSRM
gO TO LYNIT YK Ag6iff OF A PROPk7M- OMEP. 70 REalYE IPJE JM JUST
COMPLEATHON FOR ANY ELY6IB1E RIIL LIK OR RI6HT-0F41i1Y JCQUIRED
~y EmiNEiff Mo .
22 . wIl- oiight of tint mfouy o (l) lLL IiAAtLitQAD -
. 22 RaGH'fS-OF-VAT V17HI+i 7!E ST11TE OfFERM iOR SALE iy &y RAItMAY
23 CORPORATIIq~ AFM ~ URCTIYE QATg OF 7iiIS ACT SNALL BE
26 OFFEa€D FOR SALE YO T1E STATE OF COtORADO IN 7'HE fIRgT INSTIWG£o
25 w STATE, KC TRO1DGH THE DIREGTORo SHALL H11YE A RI6FIT TO
26 MATCH ~ ~ ~ E SM FIpE OFfFER lIADE FQR SM RI6M'f-OF@WAY
~ ~
-4-
SENT BY: 2- 1-96 ; 9:55 ;CommunityDevelopmenti
3034792157;# 8/13
3 NgTHdN THE dINgBS OF FUND5 4YAYbA16t.E FO1t BNIIS MPOSE. NO .
2 PRaPERTY QMER SML DISPOSE 0F AHK RIGHT-Of=YAY W17HOUT 1lAY IKG .
3 FIRST OBtA%NED FROM THE DYRFCTOR A RELEdISE 0F Tblg STATE°S 4 PREgERENTyAL R8GHT~ SET FORTH dN T'NYS.SECTIONo Y1Y THE EVENT
~ BHA4 4NE DIRECTOR DOES HQT EXERCISE AMY kIOff Of THE STATE To
6 MATCl9 AN OFFER PU AMg T0 7t1IS SECTjOKe. TRf DIRECfOR i4Ay AllOW
~ AHOTHER DE~ EKT OF STATE GUVWMM Oit A !lET~OIITAh OR 8 RE6Y~L TMSPORTATI0~ AUTHOIUTY OR A C0l1IMo C3Tro TM,
9~~LLAGE9 OR YNATYOJB TfEREdF Y!V WiICH THE MPERTY DR A
10 PORTdON OF THE PROPE'RTV IS10CATED TO EXERGISE THE RIGt~ OF THE
12 STAYE TN T9~ ~IREC7DR. . , .
82 (2) MUEYER,A PROPEiiTY OWuQt IHTUiDS 3'Q pISPOSE Of SUGH
fl~ ~IGKT-OF-MAYfl $7 StiRLL NOTgFY THE DIRECTOR AE ITS Ir(fENrION %M
14 YRITbNGo UKIN RECEYP$ OF THE NOTIfICATI0Nti TilE OIRECMR'St1AL1
~IlS INfQIN THE ~PPROPRYATE DEPAiTMiM OF STATf fiOVERMEN7e EVERY 25 ME7ROPOLgTM OR REGY0NAL 'BIMPDRTATION Af['NORIZY, AN6 EUERY
Il7 CO"o C%IVo p AND ~~LLA&g IN IiNIGl1 YHE PROPEM OR A
26 PORTIDN OF..Mg PROPERWIS LOCATW, OF 7leE YNTENTIOM OF THE
, PROrERIV OWER- ANY D€PnaIMr OF sYAYE govOWOTo
20 METROPOLYTA19 OR RE&IOI+tk `iRdiN5P0RTATI0IM AUMITY, CMT8 CaT'YD
89 Tokmo OR 17gLF„~~ INTEt4O%iM YO £Y-ERCYSE A AIWHT.QF 'iHE STATE
,
• 22 PUasu~ 70 M93 SECYIOw sifAtL NoYaFY JNE DjREc:oa Of aTs .
23 dnTEaES7 Mb~IN WYRM DAYS OF REcEYVIIG NoTicE FRO TwF
24 D%REC76Ro NMg~ A REASOWLE T1NEB MoT TO EXCEED OmE MUNOAW
. ZS IW~~~ ~~S AFTER REeEIPT oF NDTYFiGaTi~ ~Y THE vROPEaY OWmER,
26 4FIE DIRECTOR SHP~lI. NOTYFY 7HC PROPERTY OiqlER IN MRITBKG MMER
SENT BY: 2- 1-96 ; 9:56 ;CommunityDevelopment- 3034792157;# 9/13
'fl THE gIRECBOR gNTEtiDS TO EXERGYSE W R3GHT OF' THE STATE CRAHTED .
2 Puasua~ ~O THg~ SECTEQNo YF THE DYRECTOt NOT%FIES THE PROPERTY . .
3 OWNER YW THE DI1$E IOiTE1+IDS T0 EMIS£ A RIGHT OF T1E
' 4 SY'ATEo ~ ~ATE SRALL !'XERCISE OR RELEASE IliY RI6HT GRANTED
9 PUR5uW T(il THIS SECTION WITHIIB QK HuNOREfl EYGHTY DA1tS OF IHE
6 N4TICgo IF THE PIRECTOlt NOTaFIES 1H£ PROPERTX OYNER TH11T IM
7 DaRECTOR, 9~~S *0 YNlEND `M ERCISE A RIGHi OF THE STATE 8 PUR511ANg TO M SECTION9 TdiE DIRECTOR SlKL CRANI° A RELFJaSE OF
9 THE STATJE°S PREFERENTIAL RIUTS TO PtIRCHA$E THE SUBJECT PROrER4Y
10 OtMTED PURSUM TO TES SECTYOIIo
Ilg . (S) N fl11G gN gh1tS SEC7IL8N SNALL BE C0N3TRUED TO LIMIT g$ THE AUTliOltITY OF 4X ST'ATE OR A POLITICAL SMIYISION OF THE
Ils STATE TO CONDM A RyM-OF-![AYe
14 i3-1-Il,dBo 4 twatioCWITROL na THE OIREC30A SOU FROYI~~ FOR 15 THE MAII+tTEMKEs BMCLUDING OF VEWS9 0F ANV AAIL LINE
16. QR RIGHT=~F-BAV THA3 IS ACQUIRED fAR THE TT1lTE IiAIi 6W I1ND FOR
XTS FIANAC M A MAMER THAT !{IINIMIZES MINMNAMCE OnSTS IflD
28 PROYIDE~ ~BEREFff Tb YNE STATE. THE DIRECTptt N11f At,SO REQUIRE
49 MT a+V EXXsTIK RAYL LINE an M acquaaED tuM-oF-WAY sHALL
20 NOy BEAENOYED. DliRgNG AW PAftT 0R A.L.df TM PAIdD FOR YHI[H
21 lrHE kIgffmOF4YAY 95 INCL IN iK ST1lTE R1Il RAMCe .
, .
43-1- E306. Piblic rartlctpatlono 1F 'fHE DIRECIOR RESIRES
22 TO ACQUaREo DIS g OFq OR USE ANY RIM-CF-iWY TifAT IS
24 PERMMED M -K OR W BEEN ACqR1iRED PMW TO 3Nis PARY 130 .
, 85 THE DIRE PlfBLiSH A NOTICE OF THE PROPOSED ACTION IN
. 86 THE STATE REG% IH RT LM't QNE P1E4iSPAPER 0F 6EPIERAL
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SENT BY: 2- 1-96 ; 9:56 ;CommunityDevelopment- 3034792157;#10/13
g CiReULATION gt EAeH AREA 11HERE THE RYMfT-Bf-WAY gS LOLRTED. . DF
2APtY PERSOk1 OBJECTS flN vidIBYNG T0 THE PROPOSED AMON W%TNIN
a THIRTY DAYS OF PUBLICA'TION OF •N07YCE, THE AIRECTOR MAY TAKE THE
a PROFOSED A61rHON OMgY AFTER HOLDING AT LEAST ONE PilBLIC MEEtING
6 IIN YKE AREA WFiERE IHE RIGKP-OF-WAY HS LOCATED T1D SEEIC PUBLIC
6 COPIMENlr O+8 TK MTHONo .
' 7 43-D-13d9a Dispos~~ion weitted. (1) THf E?I1tEGTOR MAY
~ ~~~L OR LEASE A9~Y RAIa LIiVE OR RYGHT-OFwMAY HEl.Q TN THE S'iATE
9 RAXL BA1tK OR MAY ENTER INTO M AGREEMENT NITH AtdY PERSOM FOR THE
ba 9PERAT%~ ANY- dtW~L LINE OR RIGHT-OF-WAY FAR ANY OF THE
.
•11 PURPOSES 5kS ~~~TH %N SEelfION 43-$-1304 IIPI ACCORDIWCE NITH A fEE
12 SCHEDUlE B BE DEYELOPE'D BY THE DIRECTORe THE DIRECTOR MAY
13 COWLy A11+1Y RAgb LYNE OR RIGFifmOFa-WAY9 FOR CONSIDEAIITION OR FOR'
14 NO UONSIDERA~ION AND UPON OTHER TERNS AS TK dIRECTOR MAY
Q fls DE7EfiMIpE 40 BE %N THE Pt18l.IC INTEt3EStTq TO AkV QTHER STATE -
16 fl6EiiC~ ~~A GOVfRHt4ENTAL SUBDIV$SION OF YK STATE fOR TiZAtL
flA USE IFa
NO FUTURE e ReiA. TRANSFVRTArioN USE iS iDENTiFEED
19 BY THE D$~ECYORp AND
20 (b) IK DBREGTOBt 6'iAS. DI07 . EN'FERED lliTTtO Ott YS NIOT
21 CONDuCTING Goo~~~AM NEWTiATIONs FOR THE Ac.QuisiTioN OF 7'N1E .
22 MpEWo
23 43-Il-1310o Iretmentiwt in abandona?etd procoMingso THE 24 DIRECTOR WAY IIN7EitVFAE Yld A'PMXEMING 0# THE ZMTEkSTA3E 25 COMBeER6~ COMISSgON 09 OTHEit FEQEM DEPARINENTo AGEMCYn OR
26 .COMISS%0N O!J THE gSSUE 0F SUITA8ILY3Y FOR A Pt!$LIL U5E OF A .
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BY; 2- 1-96 ; 9:56 :CommunltyDevelopment- 3034792157;#11/13
R RAIL LYH~ PROPOSED ~E ABANMED iF THE DIRECTOR FMS 7MT g' 1HE idIW-QF=1Af OF TNE LtiiE Ii0114p R ELI6Y8i.E FOk INCtUSI0N IN t
3 THE STII~E RAYb o TO 7NE FXTEffff PRACTICA81Efl BE'FORE • -
. 4 INTMFNING AS PROYIDED YN 7HIS SECTIOttg THE DIRECTOR SNALL HQLD
~ AT LEAP OW PUIILIC l1EETIf{G IN THE ARFA IN Y6fIG'H 7HE PIIIL bINE °
6 YS LOCATED M SOLIC%T OTFNI0W c1F INTUaM PERSONS CMICERNINC 8 4HE DIREC'fOK°S PROPOSED IONo .
~ ~~~~~~4 bltia~ ~ soot~t ao ~d a~~o 9~D
9 AB/WDOrIE'D itAYL QINE 09 RIgff-Of-itAV IN THIS ST1lTE SNALL BE USEDH
10 ALTERFDfl YNPROYEDp -DYSIMMIED9 OR BIJItT t1Pa+1 IN, A NWIM TMT
Ilg YOtdLD UH LV LIMIT YK ABIl.XTY 3D RES7'aRE RAIL SFRYICE 12 OYER 7IE 'RAIQ LINE OR RlGN"f-OF-iIAV AT A lIINIlW CMT YI`THOtIT
.13 FIitST NOTI€1f%N IN DIRECTOR OF TNE LOCAtIOM OF TNE RAYL LINE '
14 dit RIPHT-*-MAY AND 0F fiK MPOSED ACTION MiD 7KM RECfIYiNC
15 A RE55lONS~ FROM YM DI oIM DIRECTOR SKL NAYE NINE'E~ ~
16 DAYS qp REVY~ M PROPOSED ACt'IONo St11DY 1'NE AkTM11
• IIa AYAiIABLE FM P ERYIN6 THE RAtL -LINE Oft RIWT-OF iIAY, AND
18 IOPM R'EGIIfiDING VHKT ACTIANa IF M1P, THE DIRFCM INMS 70 '
19 TAK£ YI?H RESPEL4 'M THE PROPEW. IN TK E11E'NT 1MT INE
20 OIRECM pSSUES A NOTyCE 0F INTQIt Ta Atq{IYRE 7HE lROpEA7Yv ZNE
21 DIRE PAlf PROCEED M /lCQ1iIRE `fM WWY KWSM T~ ~
22 mvISYONS OF WS PAR7 830 IN THE EMB IMT TK DIRECYoR
Z3 ISSUES A VRY NOYICE StRTING 'dNAT THE DIRECTOR d0M HU .
24 IMM TO ACQlDBRE ALL ON PART OF tHE RAYL LYNE dR R%6Hi4WmitAYn
25 IK PROPERTY MAY BE USED, ALTERED, I~']PADVEDt, DI SNAtRI.ED o OR
26 BUIL'6 UPOh AS STAT IN 7HE NOTIFICAY10N TO THlE DIRECTOR<
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SENT BY: 2- 1-96 ; 9:56 ;CommunityDevelopment- 3034792157;#12/13
fl 43=1,~-=a n of gxrostfnq riil lineso THE DIRECTOR $ SHAbL WOUeT A SURVEY AND 5 TUDY . 0F EXI STING- ttAI LAOAD
S RE6U5-0F-ifAV %N 7HE STATgo JKCLiOIRG ABANpOWED RIGFiTS-OF-IIIAYo
4 THE STW"l SHALL BE DESIGMED TO IDOT'IIFY QIGH°fS-0F-00 FOR -
5 PRESERVI,TYOW AND POTENTgAL YliClilSION IN THE SaATE RRIL JMe THE
6 Y SN~~~ RR7W ATTEMPY T0 ENSin[f BHAt 'ME S7J1tE HAS
7 ADEQUfll'~ INFpRPATIbN AvAILABL'E 70 EIIALU1lTE RAYL LIHES IN A ,
9 TgME~Y NMR 9MEN THE LIINES J1RE PROPOSED FOR ABAKDONMEPTr RATNER .
9 THAN AFTR M MRREW HAS BEEN APPaOYEA< YM MDY MAY .
10 F9iRTHER ~ RECOMEIMATInt15 AND ESTABLISN PRIORI7Ig5 FOR
81 ACQUIRING SPgC%FIIC RIGHT54F-VlY AS MELL AS 8DE1+[1'gFY PbTE1ITIAL
. . g2 USES FOR PROPERTIES Tff1AY ARE ACOtdIAEDo
13 43-~=IlSNo Nutuo THE DIitECTOR MkT 'ltmMtILGATE RUEfS
Ilg NEcE Y FOR 4HE AMYN1STR14TION 0F T`iYS lART 13e 7HE. RULES
13' MIALL BE PROMULGATED IN ACGBROANCE WITH ARTICIE 4 4F TITlE 24a ,
a IlS CoRa$o .
ga ~g~Il~BQo stats raia bu* ftnda THEItE 13 NERFBY CREATED
flS XK YNE ST= TR RY INE SIATE RAIL 8A!!K FUNDe THE FM SHAIL 12 CONS%5T MY M0lIE1« APPRDPRIATED 1HERM BY •THE GENERAi.
20 . EKBfl.V ~o ANV MlOatEYS RECEIYED BY IME DEPARTT!lENf 4F .
21 4MSPORFAT%ON AtiN YNTEREST F.ARIIIHGSo 11MINIS3UTIYE PA1fMFNT5.
22 RENNTAL$9 ~EESo ES FOR TF1E USE OF SfATE RAIL UNIC
23 PRpP PROCEEDS RECEYYM BY THE DEPJlR1NENd7 F'M THE SAt.E
24 OF ABMNED RAId LINESo THE MODlEYS IN THE STATE RAIL 6AwC FUNA
25 • Slil~LL BE a°'UBJE6T TO MiNUAL APPROPR%ATIOK BY 7i1E 6ENERAL ASSFMSLY ' .
26 FOR US~ DEPARTNIENT 0F TRANSPOftTAT30N . IN d1CQUIRIlr6?
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SENT BY: 2- 1-96 ; 9:57 ;CommunltyDevelopment- 3034792157;#13/13
R PRESEitYING, NAINTAYNtN6o AND DBSPOSING OF STATE A11IL B1WK
2 PROPER'fVa AW MUMS REMAINfING IN THE STATE RAIl. BNpC FUND dT ~
~ `itHE EM OF Ar1y FYSCAL, YEAR SilAU RElWId I19 l'HE FUNp A+ID SHAtI ~
4 ~ OR AN1P 0THER FMe
~ APPr~Priattionm For tho filsc~l year beQioning' •
6 ' July ~o 19 a thare Is herebfund y approprfattd evabrs f~+Ore the
~ ruerve fund In the gerera9 to tht stsU rail bank tWd
~ created to swtion 43-1ax3i5e Co1orado Ra1:ed Stalu#es4 bw sm
9 of ton mlll9 0n dollars (s a0o oao s ooo)o and sur.h $no or so much*. . .
90 th~~f as may be m6ssavyo is turthtr appropriatQd to thl:
11 departmint transpmrtation for the punose aet forth in paxt .
12.13 articl@ Il @f title.43Q Colarado Revised Statuteso ' .
13 IION g o ~fetY c1 amo' The general u:embly hsroby
14 ` ~~odso detemim"o. and dwllares thhat. thi~ act i$ ascossary for
liOldWe preservation of the public peaeeo laaltli,- arid : I
gf ffiafetyo
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TOTFL PA1
1992 1993 1994 1995 1996
ATumber of Total Members 115 156 197 229 375
ATwnber of Avon PRembers 49 62 74 89 110
Vail Members 79
Minturn Members 13
Edwards Aqembers 50
Valley Vdide/Other 123
Total membership revenue $43,376.39 $73,838.87 $78,506.51 $4,626.00 $3,792.50
(Fiscal year 1/1 - 12/31) •
Membership year revenue $36,122.64 $48,060.75 $62,298.63 $71,948.50 (received) $103,198.00
(11/1 - 10/31) $10,000.00 (BCRC pending)
$2.200.00 (outstanding)
, $84,148.50 (proj.income)