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HomeMy WebLinkAbout1996-02-06 Support Documentation Town Council Evening Session I I - I 1 I ~ N 0 076 1 I ; PROOF OF PUBLICATION i STATE OF COLORADO ~ ~ ' SS. COUYl1TV OF Ea4GLE tPUaucNVnce ~ p}pTiCE~IS~HEREBY'GIVo Vallhh dP R~~- i ic' ~ ~ y~y ~oard of the Town i ~y~~~9 wi March 5 2003 at 3OO.P-m m,tlie Town ; I Y.of Yatl MurudpaI B uildmg ~ fr Yr i+ications and 'iniorrt~abo~ ~out the propos ~ ~are~availabte fior Public inspe~U°n'durmg ~"e9~'. ; 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 i precede the:pu 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 i ublication of the annexed le9al notice or advertisement; that said newsPaPer has been admitted to the %1 sa1~ 479'2~3~ forinformaUOn. Th? ~~9~ . P ~ :.~ir e~~ 9~i~bl~i evcwr ~ ~a ; United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ~ ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices oFVA~ y t. i ; and advertisements within the meaning of the laws of the State of Colorado. ~oenreuNmr oPM~ ' i tafion adadable i;up~ JIB-: }~guage mterpre 479'. T¢e hone tor 8ief~HearingPmPare¢, to* That the annexed legal notice or advertisement was published in the regular and entire issue of every $zass P ) p~~ec] m ihe Vad Daily on February 28, 2M 4~.i ~ number of said daily newspaper for the period of ....f............ consecutive insertions; and that the first ~ ~ ; ' y . } ~ publication of said notice was in the issue of said newspaper dated ~..r._ . r .M i A.D. ......Irand that the last ublication of said notice was in the issue of said news a er dated....~.i..~.~... A.D. ..~.icf./... P P i i , In witness whereof I have hereunto set my hand this M day of i i i ~ i . . i Piiblisher i ; Subscribed and sworr to before me, a notary public in and for the County of Eagle, State of Colorado, i _p - ~ this ..a day of ~ i i . i i i ~ i . ~ Notary Public ! My Commission expires . . ~ K " 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. .a 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 . 0 a VAdtdt'Ll V CES ~ 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 , . 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) tl tl v ARI[ S! , Vd/V 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) Y ZONIIVG , r 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) n m . • 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 ~ ' r st . f . r ,r I e~.s . ; .4 ~ L 1, t ~1 11 ~ ~ l - a N~~7.• r~'rc+l pGuI.I~E6~ t'zETifi"l FllF-IC. ,M, L~P4~-. • . ~ ~ . ~TSr~itardi.u'fte rTi...i e w-,q HT • Trf! l ~ mn~c•., s,m. i i ~ 1 . • 'c ' ~ e ~ ~ , ~ ~Ytwo41 ~ ~ / ~ (3) ~'~i' c~v.~rPEN i L ~ ~~sa~KT ' 4 . • , ~ Lli ' LLI `------------1 -----------------~-i i • r ~ > ~ N~~ ~ ~ ~ • ~ i ~ ` _ . • Z1,, 0 ~ Ta~+4~ vshi rl ~ f, of TV P66 vu7tC4L s 1- ~ T fSte'~rr P d ~ 0 ` L1 F+JC~ I ~78PL DLUQ~ • ~ I . y ~ J J ~I I I8R- • . ~ ~ i UJ ^ i i~~ ~ a • ' ' Yie 0 111 ~ i r LU ~ I III N ' Ln hr-- -T--- / E ii „ ~ E ~ • : , a I;;: . . . _ to b . „ of ~ .s . . •h ~J . n, • / Vl .b«ar 6 7+? ~ 1 h` . ` I/ C / . ~4.~0g . • ~ .w (bTe~ m~u.~~ =€6 ; O • ~~r~~rea--_• ~ .I ~4g • b : ~ T'-f:l. w ~ :I C ~ o ! rb 4+ ~ $ ZS. ` O ' . ~~~f. ` ~ • , IQ . n y b~1+ TnV1iG1.~~ ~ - Q ~j Df~~N Tt ~ ' ~ so. ~ •Y ~ . . L N , ~ • ;.04 hfILJ 7-r4~-< b. • ~ (3~I.r~DaaiA?6 ~~u.,T bo,.~.~ac~' :u Q ~ w~c ~ (EXl'(ihjp 6L6G ~NOiJI? R9i PuT~^+~ n~ ATTACffi4ENT 3•21•95- do 4',.,.5 ~ ~ ~ l.IM1T eR 44lOVH01?( ~ _ ~ ' .9f77 pa . ~ . ` ~ ' a ~ OF , , 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: 595.06 DRIVEWAY AS CONSTRUCTED ~ LOT 26, BLOCK 1 94.4, VAIL/POTATO PATCH FILING N0. 1 ~ TOWN OF VAIL, EAGLE COUNTY, COLORADO ,o. ~ s9a.23 po ro PATCH pRIVE l4p' Rp • 8592.89 ~ 592.56 N /RiSER . \ ~ m 8590.66 ~ • 8590.57 ~ 8590.0/ ~ 8589.50 91.9~ p ~ , ~ 591.~1 `iELCN10NE ~ AIffR ~ ~ o oeseeaao o~o oesee.}a a o 9ose o a o 0 0 og58B,02 0 0 0 oB5BBo22 ~ ~ O o 0 08l8.24 h030l ROCN WALL 590.21 o858B~3 ~9 q5 ag~g,~~ o 080 0 0 0 0 0 0 o8582.83o o~~°~ og588.~~ ~ o ° Sg oB58S.07 0 0 0 o o .68 ?9B 0 582.810 0 0 0 og5og7.39 ~858 . 89,59 ~ • B587.19 08588.60 00 ~8582.91 ia' m¢u ~ G ogQg 5 ° 594.05 89.21 4BS o 0 0 8 ~ 0 0 , 1515 • 8585.32 °8586.16 7.~ \ 98.69 ~ 0 0 . . . . oo p0 ~ 0 0~~~ 0 \ \ ~ . . . . . . . . BSBBJ6 SPUipquH 8587.90 8585.89 ~ a ~ 0 ~,~j~ ~ . . . . . . . . . . . . o 8588.66 582.71 0 0~ ~ ~ °~o a• 8585.33 '9 ~ . . . . . . . . . . . 597,17 0° o0 8586.38 , . 588.36 ~ p \ M1°~ . . , , . , e? ~ 7aa . . o SB809 ,o o o@se+~~ p 09 O p . . . , . , . 8.37 0°~ o o 0 0 0 _ oo O 0 / \ \ \ . , . . . . . . , . . . o~8508,3I°sa8588.03 evo§58895 00 0 a O OBy p D 8582.46 ~ . . . . . . . . . . . . . , . . . . . . . ~ ° ~ o ~ 8585.41 ~ ~ 005 I \ . . . . . . . . , . , 7.5~ Qoti°0 ROCK NAU'"~~a8582.96 ~ o ~ 958471 p . 2,10 O O ~ ~8585.4~ O c 0 gB58O2 I 10 5g146 . . 1S O o9SB7.57' A45 582. yBY 4} ~ o • 8580.41 0 5B1.81 uT onun ~3 Sg2~1 46/ , o85B6.34 8585.2000 8582.62 Qo 858 1.47 582 3 68 8582.43 / o \ 82.E4 . , 858j.26 Sg3„ o00 ~ ooeo e tSB1.20 ° ~ o' o o o o° 8580.96 SETBACK LINE I o 8583.02 , o / o o°579.59~ OPRA£(( ~ O.tY ~ I n~.580.17 ~9579.OB ~1~aEasic ~ I 579.21 I ~ ~ ~ &57es1 * 337 :i1K+tlo V' UF COIa I 08577.14 0 ~ 1 / ~ • as zzs GRAPHIC SCALE ~ / ~8575.95 / I I 1 W575.04 t Imh -~1~ ~ tt I I ~ S£19ACK UNE ~ INDICATES ASPEN 7REE I O A515.07 INOICAlES E4ERCREEN TREE I I / I I I i - DRIVEWAY AS CDNSTRUCTED P LOl 26, BLOCK ! j VAIL/POTATO GATCH FILING N0. 1 I TOWN OF VAIL I EACLE COUN7Y, COLORADO ~ WdITE SURVEtlNC DAIE: OECEMBER 28. 1995 M. Darrdl Khite LS 9337 I P. 0. Boz 115 I I Gyqeum, CO 8I637 SHEET: 1 OF i I 970/524-8623 • --_•-~-•z. . ~ o.. . Q.__......._.~ _ ~ I / ~ •h . . i ~ Y ; f I 1 I I l i , . 1 '30' . , , . I. ~ - - - ~ ~ w . N~ • i ~ . ; f , ET ~ , I V . /0~ ~~3Q•~~, . 1 _ i ~ F \ 1 73~ U . ~ ro VAIL A~tEY 'I )RivE N0~ • c~ ~ . : _ , . - - . .:(.:'..~•5.. , >I~.~ . . ~ .r r. v. y. . ' ...,v: n.~ ~:.:t.v::.Y. ~:.i: ..:i ' i:>rjn : ~'~;.v~n::~~. . . . . . . . . . . . . . . r . . . . . . _ . . : . ; ' . . . ....-.i..i..~...r...... :.v . S. •'l. ~i'l::s . . . . ~ . ~ . . . . . . . . . . . . . . . . . . - . . . ' _ : , : . 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~ 0 O 04 e,~>'Y~~ ~7"roy .t,'YG GaK'y o yG ~yti ~ P~,yo 4ti ag 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 . . . ~ - ~ Ar,/~ ~ ~y ~ ~ • • ~ • . • ~ ~ ~ • . ~ ~ . ~ . . -e ~ , `r ( . ' . . . . . _ ~ 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 e~ 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 (more) RECYCLED PAPER 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. (more) 0 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. # # # ~ dd e4 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 ~more~ R CYCLED APER ~ 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 (more) 0 A 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. (more) RECYCLEDPAPER 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 e4 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 RECYCLED PAPER t dd d~ 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. (more) RECYCLED PAPBR 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 ~ { ~ n ~ • k)N V ..~~1~~ ' J7F' ~ ~f tli. ' . Y ynl~ ?r~'~ i~ i ~t . . . y~~ ~ ~~~~y ivew Yelzr _ from Liz Robbins As°sociates . 1 ..._4 In the spirit of the recent holiday season and . in appreciation of your friendship a donarion in your name has been , made to yf[ ~ ~ ~ ~ -N 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 m i > • Z7 ~ a~V'%f rt ,~r . . ~r ~;3~~ ~iv"':r~".i•-..~.,:.,tu . F lyy,• Y- ~ e . ~~,~~i.: ~8 'i'" _ • ~x S 1 ~ ~`s * .r . . ° 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 ( nL . . . . , . . . . : : _ . . . . . . . : . . . '.:N:..;: : . . . . . . . - . , . - A. ; _ ~n.•~„ , ~5t . : i . _ _ _ ~ - . . . . . - - ~ . . n. . . _ . . . _ _ , . . . . . . - , . , . - ~ • - : , , : ' ' _ ; _ ~i?~"~ ~ IeasQ,~ozn us;at a recept~on . : • ~ . : ~v t ~ . ~ . . : . ^y i , _ ; ~~g Sene~tor ..'e. n N'i hthorse C~Mtbell . . . . . , . : . . . . _ . .j~ T . - ` Rej/ubrican Colorado• 1 . _~t -~b•. W _ . . • : ~ , _ . " . . . . . . . . ; . , : . ~ : ~ . . r a ma9 ` n : ~n Saturday~ Fe~irkqry Ij 3, 96 , , . : , . . 60D 8•0 0 p m LF, . a~ the honae: o ohn &Dzane ~Cooke ; , 842 Holden Ro . ad : - : . , e . ~ ° ; , Beauer Cre ek , Cororado . . . . : ~ . . , . . . , . . , . . . _ . _ , _ _ _ ' . . . . . . . , , . _ . . - _ . _ _ _ . . ,n . . _ . . ?;::.`:w: ~ ~ ~ . . . . _ . . . . : P . ~ ' erson ~ ~ ~ ~ _ . . _ . ~ ~ . _ ~ _ . . . . . _ . , „ . _ . . . : . . ~ . . _ . . . , . . . _ . , . . . . . , , . . _ , . . . . . , . . . . . . . . , . . . _ _ . . _ . . . . . ::~p:'~ . : . . . . _ _ . . _ . . . . _ c _ . . _ _ _ _ : . . . . . . . . . , , . . . . . _ olora~o's II.~:~ :Sendator:Campbell as.;the only American Indian prQSerztly~ ~ . 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:_ ~ ° . ; zs recognzzed for the p~a.ssage of land'mark,legislation:to settle:Indian water ,.r 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~ . . ~ , . . , . _ . ` , Contr-~~zations shoulcl be madep- a able~to. Y ' "Ciampbell Vact"ory Fund";a~sang: tbe attacbed form : . . ; , , , . , o (30 £ 030 . . , . . . . . , . . . . . . . . . . . . _ , , _ . . . . : < ; , < , . . . . _ _ . . . . , H.. . _ . . _ _ . _ . ~ . _ . . . : . _ . . . _ . - . . _ . , . . . _ . : . . , ~ , _ _ . , . . . ~ . . _ . , . : . _ . . , , : . . _ ~ _ , . . . . 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. ~ ~ ~ ~ ~ _ ~ ~ ' ~ I j~ , i ~ ~ ~ ~V _ , ~ ~ ~ . . ` ~ ~ l 'I . ~i ~ ~ ~ f , ? ~ i ~ S . , t . ~ \ Imi I ~ :v I ` ~ d I I~ ~ ~ ~1 / ~ aa'_ 737 ~ I _ " ~~J ~ f -.,~'f ~ ~ I ~ J o~ ' r I - b , POTATO PATC 3,..;,-j. A 4 " f~1 ~ ! ~I~.~~_ G SIa\' l ~ _ : ~ I ` SPRADDLE CK. ' ~ . ' e C'elc ~ 5 ~ SUBDIVISION ~ ~'o'n ~ s r '~~I~ , ~I ~ '~~,il l_ , ~ ~ , i ' ~ ; ` ~c i~ ~,I ' ~ , / ..~"r ~ i ~ ~ r • ~ -Vcl1l~ Gui~} ~ = \ . ~~„~~:r ,l~I7- r--~ ''j;~l .'-'.i ~~!f.~. ~e6µi ~ ~ l~ \ ~ _ , / I, i, - ~ •1~ ~o;.~llev _ ~ ~ , A3 F-lv v~_~ ! 1 i:./.:. , ' - V . . . , . ~ . } q~• • • /1 ~ i i 1 ~'~~,~f ~,r ii~ .~~.:r- ~ i~ ~r:. ~I.,, - ii~'\. _-~'9- c~1 / - i 1 ~•~~a , ~ ~ ; ,~+C~ 1 ~ ~ _ J } ~ i.~~~ ~ . ~i~ l , c~ ~:•,.i: I ~ ~II :i , t2 ~~l\ ._..Q`' '.J. ~ / - I ~ ~.?.,~I' ~ ~ ~ . . . ~.,Ili~ ' . r ''~V i x :,~I' nm ~ , 4,.~~ . ~ ~ ~ ~ ~ ~ ~ : , , ~ _ • ~ ~ _ I~,, . . . . „ ~ il~ ~ /'.I!1~~` ,i ~ ~ i I ~8~~~`, I ~r ~ ~.~~r~ Paved Road o ~ ~ t` ' ~ ~V' ~ ~I-,-~--• ~ ~f F° ~ ~ ~ ~ ~ ~ Improved Dirt Road ':VAIL DAS CHONE... Unsurfaced Road-High Clearance FOUf-Wh2Bl DrivB R08d 1 MOtOf12Bd Tf21l \ ~y / 1 HII{Ifl9 Tf2iI - - - - - - - - - - Winter Use Trail . . , . . . . . . . . . U A2 Perennial Siream .~1 ~I~ 0Pen Waler Wooded Cover ' ~ ~Ili1.,71`~'•',II~PP`~ ' ; ~ ~ „B~ h ;r.,../ ~i 1~`~'~ \I ! ~S~ll ~ 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 ~ ~ 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 . . ~ ; , . . ~ 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 . . . i 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< - p~ - . . . 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? . , I . i r M76L P. ~3 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 . . ~ . 710- ~ . • ' ~ . . ; - 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)