HomeMy WebLinkAbout1996-05-07 Support Documentation Town Council Evening Session
VAoL TowN couNciL . .
EVENING IIIIEET9NG
Tt9ESDAY, MAY 7, 1996
7:30 P.M. 4N TOV COUNCIL CFiAfVIBEiZS
AGENDA .
1. CITIZEIV PARTICIPATIOfV.
2. Consent Agenda:
A. Approval of the Minutes for the meetings of April 2 and 16, 1996.
3. Ordinance No. 7, Series of 1996, first reading of an ordinance amending Title 18 Zoning,
Chapters 18.12 (Two-Family Residential (R) District), 18.13 (Primary/Secondary Residential
District, 18.54 (Design Review), 18.56 (Environmental Impact Reports), 18.58
(Supplemental Regulations), 18.60 (Conditional Use Permits), 18.62 (Variances), and 18.66
(Administration) with respect to Administration and Appeals Porcedure of the Vail Municipal Code.
4. Ordinance No. 8, Series of 1996, second reading of an ordinance repealling and
reencacting Ordinance No. 7, Series of 1994, to amend the development plans and allow
• for flexibility in the outdoor lighting requirement for Special Development District No. 32, in
accordance vvith Chapter 18.40 of the Town of Vail Municipal Code; and setting forth details
in regard thereto.
5. Resolution No. 6, Series of 1995, a resolution adopting the 208 Region XII Water Quality
Management Plan.
6. Carol Orrison, owner of Lot 10, Block 2, Lions Ridge Filing #4 (1464 Aspen Grove Lane) _
has appealed the Planning and Environmental Commission's decision to deny bath a front
yard setback variance and a request to utilize the 250 Ordinance. The request would have
allowed for a garage and a Type I employee housing unit to be constructed on the property
within the front setback. Representative: Tom Braun.
7. Update on Vail Commons Lottery Applications and Process.
8. Appeal of Design Review Board (DRB) upholding of zoning administrator's decision to
approve a buffer to be built between the International Wing proposed addition and the
existing condominiums. Appeltiant: Anita Saltz.
9. Town fVianager's Report.
10. Adjournment. NOTE UC'COMIIVC fVIEE'fING STi4RT T'f{VIES BELOV1l:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
I I I I I I I
TFiE NEXT VAIL TOWN COl?IVCIL REGULAR InIORK SES510iV
!nlILL BE ON TUESDAY, 5114196, BEGINiVING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING NAII. TOWfV COUIVCIL FtEGULAR InIORK SESSION
w!L~. FF OR! T"_.'~SD"~Y, 5:"„~C, QQG;:.-:;.N.y P, i 2:6u P.ivi. infi 7uv r:uuNC:lL (:HAMBERS.
THE NE1CT !lI41L TOWN COUNCIL REGULAR EVENENG MEE7'Ih1G .
!lUIL.L BE ON TUESDAY, 5129I96, BEGINIVING AT 7:30 P.M. IN TOV COUIVCIL CH,AIVIBERS.
I!IIVII
Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or
479-2356 TDD for information.
C:WGENDA.TC -
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1
!lAflL TOVVIV COUNCIL
EVENiNG IiIIEETBIVG
1'l9ESDAl(, nAAV 7, '8996
7:30 P.M. 9N TO!! COUIVC@L CHAMBERS
E?CPAIdDED AGEND,4 -
7:30 P.M. 1. CITIZEfV PARTICIPATION.
7:35 P.M. 2. Consent Agenda:
A. Approval of the Minutes for the meetings of April 2 and 16, 1996.
7:40 P.M. 3. Ordinance No. 7, Series of 1996, first reading of an ordinance amending
Dominic Maurello Title 18 Zoning, Chapters 18.12 (Two-Family Residential (R) District), 18.13
Tom Moorhead (Primary/Secondary Residential District, 18.54 (Design Review), 18.56
(Environmental Impact Reports), 18.58 (Supplemental Regulations), 18.60
(Conditional Use Permits), 18.62 (Variances), and 18.66 (Administration)
with respect to Administration and Appeals Procedure of the Vail Municipal
Code.
ACTIOfV REQUESTED OF COUNCIL: Approve/deny/modify Ordinance No.
7, Series of 1996, on first reading.
BACKGROUND RATIONALE: On IVlarch 5, 1996, the Councii reviewed a
proposal to consolidate and amend the appeals process for the Zoning
Code. Council recommended that the proposal be reworked in order to
preserve an applicant's ability to appeal to the Town Council and to preserve
Council's ability to call-up a decision of staff or one of the boards. The
proposal has been revised to comply with Council's concerns. The revised
policy consolidates the appeals process in one chapter of the Zoning Code.
A memo in the Council packet, dated May 7, 1996 details the proposed code
changes and process.
STAFF RECOMMEfVDATION: Staff recommends approval of Ordinance No.
7, Series of 1996, on first reading.
8:10 P.M. 4. Ordinance No. 8, Series of 1996, second reading of an ordinance repealing
George Ruther and reenacting Ordinance No. 7, Series of 1994, to amend the development
plans •and allow for flexibility in the outdoor lighting requirement for Special
Deveiopment District No. 32, in accordance with Chapter 18.40 of the Town
of Vail Municipal Code; and setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 8, Series of 1996.
BACKGROUND RATIONALE: On Tuesday, March 5, 1996, Tom Braun,
representing David Smith, appeared before the Vail Town council for first
reading of an ordinance repealing Ordinance No. 7, Series of 1994, to allow
for the construction of a Type !ll employee housing unit within the Cornice
Building and to allow for greater flexibility in the outdoor lighting requirement
for the Cornice Building. The applicant has since withdrawn his request for
a Type III employee hcu-iing unit within the Cornice Building, however,
continues to request the flexibility in the outdoor lighting requirement for the
Cornice Building. Ordinance No. 8, Series of 1996, has been amended to
reflect the current request. .
As you will recall, the applicant is requesting approval of a fViajor
Amendment to Special Development District No. 32, to allow for twelve
outdoor light fixtures on the Cornice Building. According to existing Town
of Vail Design Guidelines, only three outdoor lights wou{d be aHowed on the
property (one per 1,000 sq. ft. of lot area) . The applicant has indicated that
the abnormally small lot size of the Cornice Building Iot does not adequately
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address the true outdoor lighting needs of a residential property. The
proposed lighting plan has been illustrated on amended development pians.
STAFF RECOMMENDATION: In accordance with the memorandum
prepared by staff for the Planning and Environmental Commission (2/12/96),
the Community Development Department recommends approval of the
proposed Major Amendment to Special Development District No. 32, the
• Cornice Building.
8:30 P.M. 5. Resolution No. 6, Series of 1996 to adopt the 208 Region XII Water Quality
Russell Forrest Management Plan.
ACTION REQUESTED OF COUNCIL: Review the 208 Plan and consider
adoption of this plan for the Town of Vail.
BACKGROUND RATiONALE: The 208 plan is a required plan for coordinated
regional water quafity management under Section 208 of the Federal Clean Water
Act. There are two volumes of the 208 plan. Volume 1 identifies six broad policies
for water quality management. Volume 2 contains specific watershed plans. One
of these Watershed pians is for the Eagle River Watershed which includes Gore
Creek. This plan addresses specific actions to protect and improve water quality in
the Eagle River and Gore Creek. Issues and recommendations in the plan address
point sources of pollution, nonpoint sources, and stream flow. The
recommendations in this Plan can be used to modify state water quality standards
and to provide direction for local water resource management.
STAFF RECOMMENDATIONS: Approve Resolution No. 6, Series of 1996
adopting the 208 Region XII Water Quality Management Pfan.
8:40 P.M. 6. Carol Orrison, owner of Lot 10, Block 2, l.ions Ridge Filing #4 (1464 Aspen
Mike Mollica Grove Lane) has appealed the Planning and Environmental Commission's
decision to deny both a front yard setback variance and a request to utilize
the 250 Ordinance. The request would have allowed for a garage and a
Type I employee housing unit to be constructed on the property within the
front setback. ReprPSentative: Tom Braun.
ACTION REQUESTED OF COUNCIL: Uphold/modify/overturn the PEC's
decision to deny the applicant's requests for a front yard setback variance
- and to utiiize the 250 Ordinance.
BACKGROUND FZATIONALE: Please see staff's memorandum to the PEC
dated April 8, 1996, included in your Council packet.
The PEC's motion to deny the requested variance and 250 utilization
included the staff's findings as discussed in the memorandum, as well as the
. additional finding that the approval of the variance and 250 utilization would
be a grant of special privilege. The PEC's vote was unanimous (6-0) for
denial. ,
STAFF RECOMMENDATION: The Qepartment of Cflmmunity Development
recommends denial of the applicant's appeal of the PEC's decision
regarding a front yard setback variance, as well the PEC's decision
regarding the utilization of the 250 Ordinance. The staff believes that the
review criteria have not been met, as specified in the staff memorandum to
' the PEC. -
9:10 P.M. 7. Update on Vail Commons Lottery Applications and Process.
Andy Knudtsen
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9:20 P.M. 8. Appeal of Design Review Board (DRB) upholding of zoning administrator's
Tom Nioorhead decision to approve a buffer to be built between the International Wing
Andy Knudtsen proposed addition and the existing condominiums. Appellant: Anita Saltz.
ACTIOiV REQUESTED OF COUNCIL: Consider appeal of adjacent property
owner.
BACKGROUND RATIONALE: On March 7, 1996, Andy Knudtsen with staff
consultation, approve the submitted plans for the buffer to be constructed
between the penthouse on the International Wing and the existing -
condominium dwelling units. The staff decision was appealed to the DRB.
_ The DRB upheid the staff decision on April 3, 1996 unanimously. The DRB
decision was appealed by letter from Art Abplanalp, attorney, on April 10,
1996.
9:50 P.M. 9. Tovun Manager's Report.
10:00 P.M. 10. Adjournment.
NOTE 4.?PCOMINC MEET{NG ST'AFtT T6ilAES BELO!!V:
(pLL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
I I I I I I I
TFIE NEXT!lp+IL 701NN COUNCIL REGULi412 dVOR6C SESSION
WIL.L BE ON TUESDAY, 5114196, BEGINIVING AT 2:00 P.M. IN TOV COUiVCIL CHAnABERS.
THE FOLLOWING V,41L T011VN COUFlCIL 12EGULAR VVORK SESSION
liNILL BE ON 7UESDAY, 5/21/96, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
- THE NE1tT !lAIL TOWN COUidCIL REGULAR EVEiVIIVG MEETING
WILL BE ON 7UESDAY, 5/21/96, BEGINNING AT 7:30 P.M. IN 7'OV COUNCIL CHAAABERS.
IIII111
Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or
479-2356 TDD for information.
C:IAGENDA.TCE
PUBLIC NOTICE
iIAQL T01NN COUNCIL 1~[EETING SCHEDLILE
(as of 4126/96)
MAV, 1996
ln an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance
and charter requirements, Council meetings are scheduied at the following times: EVEiU1NG MEEI'YNGS
Evening meetings vuili continue to be held on the first and third Tuesday evenings of each month,
starting at 7:30 P.M. T'hese meetings will provide a forum for citizen participation and public
audience for conducting regular Council business.
bV46tIC SESSIOi11S
Work sessions, which are primarily scheduied for Council debate and understanding of issues before
the Council, vuill now be scheduled to begin at 2:00 P.M. (unless otherwrise noted) on eve
Tuesday afternoon.
. 1 HE MAY, 1996,,VAIL 1'OWN COl1NCYL A9EET9AIG SCHEDLlLE
" IS AS FOLLOWS:
Tuesdax, May 7, 1996
Work SCSSlO[l..e..o..vo.. 2:00 P.M. (starting time determined by length of agenda)
Evening meeting......... 07:30 P.M.
T'uesday, MaY 14, 1996
Work session............ 02:00 P.M. (starting time determined by length of agenda)
1'uesday, May 21, 1946
Work SeSSIOII.....e...... 2:00 Q.M. (staning cime de[ermined by length of agenda)
Evening meetingo........ 07:30 P.M.
Tuesdav. May 28, 1996
-
~ Work SeSSiOllovoe.e...... 02:00 P.M. (starting time decermined by length of agenda)
TOWRI OF VAIL
~ . ~~G.~.?'~t,e~..f ~
Pamefa A. Brandmeyer
A.ssistant Town N(anager
Sign fanguage interpretation available upon request with 24 hour notification. Please call 479-2114 voice
or 479-2356 TDD for information.
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Agenda last revised (5/03/96 8:00 a.m.)
?DESIGN REVIEW BOARD AGENDA
May 1, 1996
3a00 P.M.
PRO..}ff~EC7[' ORIEN'd'ATIlON / 1L.UNC11E-g 12:Il5
~IT]E VlISff'II'S Il:45
1. Parsons - 745 Forest Road
2. Laidlaw - 1722 Geneva I3rive
3. Sterio / Bradley - 2765 Kinnickinnick Road 4. Hilb / Cuminings - 2338 Gannish Drive
5. Ruder - 2415 Bald 1Vlountain Road
Drriver: George
1. Parsons - Addition to existing residence GR
745 Forest Road/Lot 7, Block 2, Vail Village 6th Filing
A.pplicant: Alice Pa;csons
1VIOTION: Alm SECOND: Uselton VOTE: 5-0
CON3}EN'II' APPn.-.OVIED W161'Y'H (C4NIC4TIONS
2. Innsbruck Meadows - Changes to approved plans GR
2832A-E Kirlnickinnick Road/Units 3-6, Innsbruck 1Vlea.dows
Applicant: Bob Borne
TA.3ILED UNTffIL MA11' 15, 1996
3. Safeway - Facade alterations li~M
2151 North Frontage Road, 77.fec:t/Lot 3, Vail Das Schone, Filing IVo. 3
Applicant: Katy Press, Area r eal Estate Manager
_ I3an Daulaney, Dulaney Architecture
MOTIOIV: "Alm SECOND: Hingst VOTE: 5-0
A1P'~~~VED Wff 'd': 1 (CONDI1d'ION5
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4. Vail Associates, Inc. - Lionshead Gondola Building JC
Tract D, Vail Lionshead 1 st Filing; a portion of Tract B, Vail Lionshead 2nd Filing;
Tract A, Block 1, Vail Village 6th Filing, Tract C, Block 1, Vail Lionshead lst Filing,
Lot 4, Block 1, Vail Lionshead 1 st Filing, a portion of Tract B, Vail Lionshead 1 st Filing,
and an unpiatted parcel of land located in the north 1/2 of Section 7, Township 5 South,
Range 80 west of the 6th Principal Meridian. (A more detailed description of the above referenced
' properties may be found in the Office of the Department of Community Development).
Applicant: Vail Associates, Inc., represented by Joe Macy
MOTION: Alm SECOND: Hingst VOTE: 4-1 (Brittain against-not in
agreement with building)
APPROVEID WITH CONDITIONS
5. Hilb/Cummings - Conceptual review of a new Primary/Secondary residence JC
2338 Garmish Drive/Lot 12, Block G, Vail Das Schone, Filing No. 2
Applicant: Dave Hilb and Greg Cummings
MIOTION: SECOND: VOTE:
CONCEPTUAL - NO VOTE
6. Ruder - Addition to existing residence DM
2415 Bald Mountain Road/Lot 22, Block 2, Vail Village 13th filing
Applicant: Bob Ruder
MOTION: Alm SECOND: Uselton VOTE: 5-0
APPROVED WITH CONDITIOIV5
7. Watkins - New single family residence GR
1799 Sierra Trail/Lot 17, Vail Village West 1 st Filing '
Applicant: Julia Watkins
MOTION: Alm SECOND: Uselton VOTE: 5-0
CONSENT APPROVED WIT]H ONE CONDITION
8: Laidlaw.- Conceptual review of a new primary/secondary residence GR
1722 Geneva Drive/Lot 10, Matterhorn Village Subdivision
Applicant: Walt Laidlaw
MOTION: SECOND: VOTE:
CONCEPTUAL - NO VO'T]E
2
9. SterioBradley -IVew Duplex GR
2765 Kinnickinnick Road / Lot 1, Block 4, Intermountain
Applicant: Bob Sterio and Doug Bradley
MOTIOIV: SECOND: VOTE:
CONClEP'II'NAI[. - R1O VO'II'E
10. Langegger - Garage addition DM
3807 Lupine/Lot 3, Block 1, Bighom 2nd Addition
Applicant: Pepi Langegger
TAB)L,IED NNTIIL MAY Il5, Il996
IViE1VTBEIZS PRESEIVT NTEMBERS ABSENT
Mike Arnett
Brent Alm
Ted Hingst
Clark Brittain
Gene Uselton (PEC)
Staff At)r.rovals
Welsh - Interior 250 and minor window changes I.W
295 Forest Road/Lot 20, Block 7, Vail Village. lst
Elpplicant: Pat Welsh
Cunningham Resi3ence - Changes to approved plans. RS
1319 Greenhill Court/Lot 24, Glen Lyon Subdivision
Applicant: Barry Cunningham
Willces - Window addition. RS
2672-A Kinnickinnick Ct./Lot 5, Block 1, Lionshead 1 st
Applicant: James Willces
- Kaplan- Repaint. _ LW
3030 Booth Creek I)rive/Lot 5, Block 3, Vail Village l lth
Applicant: VVemer & (iilda Kaplan
Lot 2, Spraddle Creek - Addition of snow guards. LW
1058 Riva Glen/Lot 2, Spraddle Creek Subdivision
Applicant: SBC Development Corp.
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Storr - Landscape improvements. LW
1965 Sunburst Drive/Lot 11, Vail Valley 3rd
Applicant: Hans Storr
Zneimer - Lot 6& 7 changes to plans. LW
Lot 6& 7, Lia Zneimer Subdivision
Applicant: Brent Alm
Fallier - Changes to approved plans. LW
1873 Lionsridge Loop/Lot 2, Block 3, Lionsridge 3rd -
Applicant: Don Gooden & Tom Campbell
Delgado - Replace retaining wall LW
1460B Greenhill Court/ Lot 20, Glen Lyon
Applicant: Rose Marie Delgado
Lodge at Lionshead - Ski lockers. LW
390 E. Lionshead Circle/Lodge at Lionshead
Applicant: Vail Lionshead Condominium Association
Byrne - New primary/secondary, changes to approved plans. LW
126 Farest Road/Lot 5, Block 7, Vail Village 1 st
Applicant: Ron Byrne
Copy Vail - Sign. Lw
500 E. Lionshead Circle
Applicant: Tiffany Truitt
Brillembourg - Additions. DM
600 Vail Valley Drive/Northwoods, F7
Applicant: Arturo & Hilda Brillembourg
Avail - Exterior facade improvements. LW
600 Lionshead Mall/Gondola Building
Applicant: David Thorpe, Vail Associates
Parkside Villas - Change to landscaping. LW
1546 Matterhorn Circle/Parkside Villas
Applicant: Parkside Villa Partners
Fernandez - Changes to approved plans. LW
5128 Gore Circle/Lot 4, Block 3, Bighorn Sth
Applicant: Gihislaine de Teriovanne de Fernandez
Schmidt - Landscape changes GR
1410 Buffer Creek Road/Lot G-1, Lionsridge #2
Applicant: Eric Johnson
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a
a
Azarraga - I)eck enclosure LW
600 Vail Valley Drive/IVorthwoods B415
Applicant: Nadine Azcarraga
Public Works Transportation & Fleet 1Vlaintenance - Phase II Expansion (per PEC approval on 8/14/95)
1309 Vail Valley Drive/Unplatted portion
,4pplicant: Town of Vail LW
Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for
information.
5
y Q
MEIVIORANDUM
TO: Town Council
Town 1Vlanager
FROM: Stcvc Thompson
DAT.E: April 29, 1996
RE: Year End Financial Rcport Highlights
Encloscd is thc ycar cnd financial rcport. This is an unauditcd report prcparcd quartcrly by staff.
The numbers used to prepare this report have been taken from the audited financial statements.
The audited financial statements will bc prescnted by our auditors on June 18. Plcasc revicw thc
report before the 1VIay 7th meeting when I will review the report in dctail.
FUND BALANCES
The Town cndcd 1995 with vcry strong fund balances. When combining thc fund balances for the
Gcncral Fund and the intcrnal servicc funds, thc combincd fund balancc is 36% of thc rcvcnucs
that support those funds. That means the Tovvn has savings equaling approximately 4 months of
its revenucs. The General Fund eDded. the year with $4.3 million dollars in fund balanee, which is
30% of rcvcnucs.
REVENUE5
Thc Town collcctcd $315,000, or 2%, morc than was budgctcd in Gcncral Fund revcnucs, dcspitc
rcvcnucs from taxcs bcing below budgct by $349,000, or 3%. The General Fund revcnucs that
cxcecdcd budgct includcd: building fccs by $263,000, or 175%; intcrest incomc of $201,000, or
335%; transfer from the Parking Fund of $98,000; or 193%; and intergovemmental revenue
$57,000.
Parking rcvenuc from daily fee5, passcs and debit cards in 1995 incrcascd $27,043 or 1.8% from
1994. Daily parking fees wcrc up $60,254, or 4.2%,; and pass and debit card salcs wcre down
$33,21 1, or 8.9%.
Revenuc from the RETT tax camc within $28,000 of the $1.7 million dollar budget.
]C XPENDIlTURlE S
All.of the funds cndcd the ycar expending lcss than was budgeted. Thc biggcst savings wcrc
gcneratcd by salarics, hcalth insurance, property and liability insurance, workers compensation,
snow removal, and heavy cquipmcnt chargcs. Salary savings werc generatcd by bus drivcr
positions not bcing fillcd, vacant positions crcatcd by attrition that wcrc not fillcd, and normal
staff turnover.
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TOWN OF VAIL
1995
. SUMMARY OF REVENUE AND EXPENDITURES AND CHANGES IN FUND BALANCE
UNAUDITED '
Operating Percent
Actual Actual Transfers Increase Rolifoward Actual of Fund
Fund Balance Revenue Expendilures In/(Out) (Decrease) Projects Fund Balance. Balance to
Fund Type/Fund 1994 1995 1995 1995 in Fund Bal 1995 Revenue
GeneralFund 3;549;680 14,562,430 13,923,697 141,522 780,255 41329,935 30/
Special Revenue Funds:
Capital Projects Func1 5,506,983 7,884,553 6,738.770 (1,401,813) (256,030) 5,250,953 67%
Real Estate Transfer Tax Fund 1,677,018 2,124,299 1,935,868 188,431 1,865,449 88 %
Police Confiscation Fund ::.129,838 50,913 118,879 (67,966) ' 61,872
Vail Marketing Fund 18;290: 839,013 857,703 (18,690) (400)
Vail Housing Fund `851;008 69,837 157,508 30,000 (57,671) 793,337
Bond Proceeds Construction Fund 35,012 0 0 (35,012) (35,012) 0
, Intemal Service Funds:
Heavy Equipment Fund 566,111 1,412,571 1,349,629 62,942 244,602 ; 384;451 27%
Facility Maintenance Fund 182,073 1,669,415 1,485;611 183,804 3651877 22 %
Health insurance Fund 725,793 787,756 763,372 24,384 '750,177 95%
Enternrise Fund:
Parking Structure Enterprise Fund 22,535 2,029,424 1,727,707 (203,348) 98,369 120,904 6%
Debt Service Funds: „ ,
Town of Vail Debt Service Fund 1,852,962 182,323 2,978,780 1,468,651 (1,327,806) 525,156 N/A
- Boolh Creek Debt Service Fund 15,087 44,717 43,468 1,249 !76,336 37 %
Total 15,132,390 31,657,251 32,080,992 0 (423,741) 244,602 14,708,649
40TRFIN5.WK4 2 05/01/96
, TOVIIBd OF VA@L
1995 4th QUAFtTER FINANCIAL REPORT
fl.DNAUDBTE~
1994 1995. PERCENT 1995 PERCENT
ACTUAL . ACTUAL CHAIVGE ORIGIiVAL . OF.
GfENERAL FUND REVENUE YTD YTD BUDGET BUDGET`:
Taxes
Property & Ownership Taxes 2,309,970 1,762,823 -23.7% 1,777,710 99.2%
Retail Sales Tax 8,394,547 8,479,637 1.0% 8,685,854 97.6%
Ski lift Tax 994,569 982,825 -1.2% 1,045,000 94.1 %
Franchise Fees 529,092 521,237 -1.5% 570,440 91.4%
Penalt & Interest 8,651 20,010 131.3% 37,000 54.1%
Subtotal Taxes 12,236,829 11,766,532 -3.8% 12,116,004 97.1 %
Construction Fees 498,126 613,322 23.1% 349,966 175.3%
Licenses & Permits 54,999 68,603 24.7% 52,960 129.5%
Charges for Services 235,547 237,964 1.0% 243,941 97.5%
Intergovernmental Revenue 1,100,657 1,095,290 -0.5% 1,038,545 105.5%
Fines & Forfeitures 291,482 252,618 -13.3% 261,575 96.6%
Transfer from Parking Structure Fund 86,321 203,348 135.6% 105,348 193.0%
Other 468,138 528,101 12.8% 282,217 187.1 %
TOTAL GF REVENUE 14,972,099 14,765,778 -1.4% 14,450,556 102.2%
1994 1995 PERCENT 1995 PERCEiVT
ACTUAL ACTUAL CHANGE AMENDED OF
CaEP1EF3A~ FU6VD EXPENSES YTD YTD BUDGET . BUDGET
Town Officials 780,740 719,208 -7.9% 781,562 92.0%
Administrative Services 1,337,832 1,334,553 -0.2% 1,396,615 95.6%
Community Development 915,568 934,920 2.1% 1,029,152 90.8%
Police 3,023,549 3,074,260 1.7% 3,216,598 95.6%
Fire 1,171,922 1,140,365 -2.7% 1,179,127 96.7%
Public Works 2,259,313 1,957,533 -13.4% 2,116,735 92.5%
Transit 2,122,051 2,103,048 -0.9% 2,253,797 93.3%
Library 660,172 541,142 -18.0% 585,787 92.4%
Building Maintenance 831,508 831,508 100.0%
Recreation Subsidy 543,243 -100.0%
Insurance 200,651 319,150 59.1% 334,421 95.4%
Contributions & Events 740,450 951,832 28.5% 961,062 99.0%
Land Purchase 719,589 -100.0%
Employee Benefits 15,933 16,178 1.5% 11,830 136.8%
O eratin Transfers Out 30,000 61,826 106.1 % 61,826 100.0%
TOTAL GF EXPEfVDITURES 14,521,013 13,985,523 -3.7% 14,760,020 94.8%
SURPLUS/ SHORTFALL 451,086 780,255 73%
40TRGF5.WK4 3 04/29/96
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TOWN OF.VAIL
1995.4th QUARTER FINANCIAL REPORT . _ UNAUDITED
1995 1995 1995 VARIANCE
ORIGINAL AMENDED ACTUAL OVER/(UNDER)
GENERAL FUND REVENUE BUDGET:. ' BUDGET. ORIGINAL
Taxes
Property & Ownership Taxes 1,777,710 1,741,710 1,762,823 (14,887)
Retail Sales Tax 8,713,854 8,428,000 8,495,639 (218,215)
Ski IiftTax 1,045,000 980,000 982,825 (62,175)
Franchise Fees 570,440 532,767 521,237 (49,203)
Penalt & Interest 9,000 9,000 4,008 (4,992)
Subtotal Taxes 12,116,004 11,691,477 11,766,532 (349,472)
Construction Fees 349,966 550,000 613,322 263,356
Licenses & Permits 52,960 61,700 68,603 15,643
Charges for Services 243,941 236,778 237,964 (5,977)
intergovernmental Revenue 1,038,545 1,051,157 1,095,290 56,745
Fines & Forfeitures 261,575 262,300 252,618 (8,957)
Transfer from Parking Structure Fund 105,348 203,348 203,348 98,000
Other 282,217 371,495 528,101 245,884
TOTAL GF REVENUE 14,450,556 14,428,255 14,765,778 315,222
1995 1995 1995 VARIANCE
' ORIGINAL: AMENDED AGTUAL OVER/(UNDER)
GENERAL FUND EXPENSES BUDGET . BUDGET AMENDED
. Town Officials 779,598 781,562 719,208 (62,354)
Administrative Services 1,321,208 1,396,615 1,334,553 (62,062)
Community Development 997,640 1,029,152 934,920 (94,232)
Police 3,219,122 3,216,598 3,074,260 (142,338)
Fire 1,188,203 1,179,127 1,140,365 (38,762)
Public Works 2,121,025 2,116,735 1,957,533 (159,202)
Transit 2,172,745 2,253,797 2,103,048 (150,749)
Library 577,372 585,787 541,142 (44,645)
Building Maintenance 831,508 831,508 831,508 0
Insurance 344,489 334,421 319,150 (15,271)
Contributions & Events 885,737 961,062 951,832 (9,230)
Employee Benefits 11,909 11,830 16,178 4,348
--Operating Transfers Out 61,826 61,826 0
TOTAL GF EXPENDITURES 14,450,556 14,760,020 13,985,523 (774,497)
SURPLUS/(SHORTFALL 0 (331,765 780,255
40TRF1 N5. WK4 4 04/30/96
.
e
1995 1995 1995 VARIAIVCE
ORIGINAL AMENDED ,4CTUAL _ OVER/(UIVDER)
CAP9TAL PROJECTS F3EVENUE BUDGET BUDGET
Retail Sales Tax 4,764,548 4,607,000 4,649;153 42,153
County Sales Tax 210,000 210,000 210,347 347
Ski Lift Tax 1,045,000 980,000 982,825 2,825
Shared Project Costs 953,931 871,815 (82,116)
Earnings on Investments 124,000 124,000 393,490 269,490
CDOT Grants 200,000 120,000 (80,000)
Other Grants 40,000 40,000
Miscellaneous 3,203 3,726 523
RETT Loan Repayment 535,120 535,120 535,120 0
Transfer from Facility Maint Fund 10,876 10,876
Transfer from GF 66,302 31,826 (34,476)
Transfer from Parkin Fund for Ca ital 204,857 106,857 67,201 39,656
TOTAL REVEIVUE 6,883,525 7,786,413 7,916,379 129,966
40TR FIfV5. WK4 5 04/30/96
, .
1995.:::: -.1995- . 1995 VARIANCE .
ORIGINAL AMENDED. ACTUAL OVER%(UNDER)
CAPITAL PROJECTS FUND EXP. BUDGET BUDGET
Project Management 200,000 19,366 18,241 (1,125)
Golf Course Street Reconstruction 1,500,000 1,130,000 893,867 (236,133)
Matterhorn Street Reconstruction 900,000 1,116,100 1,047,047 (69,053)
Capital Street Maintenance 570,000 145,000 167,594 22,594
Ice Arena Pedestrian Chute 65,000 25,024 23,915 (1,109)
Seibert Circle 0 24,612 17,631 (6,981)
Street Light Improvement Program 50,000 50,000 27,839 (22,161)
Pulis Bridge Construction 120,000 65,000 70,702 5,702
Chapel Bridge Restoration 40,000 184,000 183.,157 (843) -
Covered Bridge Restoration 173,000 191,000 189,856 (1,144)
Town Shop improvements 675,000 215,000 160,507 (54,493)
Parking Structure Capital Maintenance 204,857 106,857 67,200 (38,657)
Bus Shelter Repiacement Program 20,000 40,000 43,800 3,800
Emergency Building Maintenance 25,000 0 0 0
Drainage Improvements 144,000 29,000 15,849 (13,151
East Lionshead Bus Stop 60,000 5,000 4,768 (232)
Instali New Bus Shelters 20,000 0 0 0
Diesei Exhaust System Station I& II 22,513 22,513 24,813 2,300
Irrigation and Fountain BackFlow 19,528 176 176 0
Police Department Space Expansion 0 35,350 18,133 (17,217)
West Vail Development Plan 0 60,000 51,250 (8,750
Land Use Plan 100,000 0 0 0
Lionshead Master Plan 80,000 0 1,137 1,137
SDD Consulting Work 30,000 0 0 0
Electric Raceway & Carpet @ Library 0 40,686 41,811 1,125
, Comm Sys Maint. & Replace 0 3,857 0 (3,857)
Replace Mobile Fire Radios 0 2,119 0 (2,119)
Replace Eight Buses 1,286,000 255,000 255,255 255
Town of Vail Bus Grant Lobbyist ~ 0 12,088 12,088 0
Back Flow Prevention Device 0 3,185 3,185 0
News Paper Dispensers 35,000 0 312 31'2
Bald Mountain Underpass 87,194 150,000 145,382 (4,618)
Additional and Replacement Vans 230,000 336,514 336,514 0
Alarm Monitor Unit 60,000 60,000 61,835 1,835
Replace Carpet in Muni Building 25,000 44,492 44,492 0
Christmas Lights at Round About 34,440 34,440
Street Furniture Replacement 20,000 20,000 20,463 463
Expansion Heavy Equip VehiclPS 122,300 122,300 105,685 (16,615)
Second Radio Channel 0 4,254 2,641 (1,613) - Automate East Vail-Interchange 9,900 9,900 6,352 (3,548)
Main Vail Interchange Improvements 2,000,000 2,657,807 2,579,813 (77,994)
West Vail Interchange Improvements 25,000 17,233 (7,767)
ADA Improvements 50,000 30,000 25,427 (4,573)
Sidewalk Across from Police Building 18,360 18,360 0
Contingency 1,684,732 0 (1,684,732)
Transfer to Debt Service 1,468,651 1,468,651 1,468,651 0
TOTAL EXPENDITURES 10,412,943 10,412,943 8,207,421 2,205,522)
SURPLUS/ SHORTFALL) (3,529,418) (2,626,530) (291,042)
4QTRFI N5. WK4 6 04/30/96
e
e
1995. 1995 1995 VARIANCE •
- - ORIGIfVAL. AMENDED ACTUAL OVER/(UNDER)
„
REAL ES'fA'fE'fiRANSFER TAX : . BUDGET BUDGET . ,
REVEIVUE
RETT Taxes 1,700,000 1,700.000 1,671,960 (28,040)
Golf Course Lease/VRD 90,300 90,300 90,853 553
Recreation Amenities Fees 30,000 30,000 87,475 57,475
CDOT Grant 145,000 145,000
Lottery Revenue . 14,025 14,025 20,008 5,983
Other 1,135 1,135
Earnin s on Investments 58,500 58,500 107,869 49,369
TOTAL REVENUE 1,892,825 1,892,825 2,124,300 231,475
EXPEIVDITURES
Debt Service on Golf Course 340,432 340,432 340,432 0
Loan Repayment 535,120 535,120 535,120 0
Miscelfaneous 0 500 335 (165
Projects: Playground Safety Improvements 75,000 2,000 1,568 (432)
Back Flow Prevention 15,000 1,467 1,551 84
Irrigation Control 60,000 2,200 2,556 356
Gore Cr Promenade Stairs 0 25,000 24,330 (670)
Alpine Garden Pledge 10,000 10,000 0
Aspen Lane Landscape Imp 365 365
Vail Trail Safety 2,200 0 0 0
West Vail Bike Path 200,000 6,500 7,127 627
Dowd Junction Bike Path Design 0 10,000 273 (9,727)
Ford Park Bike Path Design 15,000 0 0 0
Park Maintenance 150,000 150,000 125,825 (24,175)
Rec Path Maintenance 120,000 55,000 40,757 (14,243)
Dowd Junction Land Improvement 8,500 8,500 4,275 (4,225)
Pirate Ship Park 41,000 0 0 0
Covered Bridge Pocket Park 11,500 23,500 21,149 (2,351)
Mill Creek / Ted Kindel Park. 0 11,141 1,896 (9,245)
Vail Das Schone Bike Path 15,000 0 0 0
Master Open Space/ Rec Trail Plan 150,000 400,000 342,873 (57,127)
North/South Trail • 30,000 30,000 8,950 (21,050)
S. Frontage Road Path 175,000 450,000 454,069 4,069
Sunburst Shoulder 135,000 0 79 79
Ford Park Master Plan 30,000 7,500 987 (6,513)
Contingency _ 39,892 11,351 (28,541
TOTAL RETT EXPEIVDITURES 2,108,752 2,108,752 1,935,868 (172,884
SURPLUS/ SHORTFALL (215,927) (215,927) 188,432
40TRFIiV5.WK4 7 04/30/96
r
,
1995. .1995 1995 . VARIANCE ` 'ORIGINAL":AMENDED ACTUAL OVER/(UNDER).
HEAVY EQUIPMENT FUND BUbGET BIJDGET
REVENUE 1,619,051 1,619,051 1,412,571 (206,480)
EXPENDITURES 1,729,976 1,745,824 1,349,629 396,195
SURPLUS/ SHORTFALL) (110,925 (126,773) 62,942
1995_- 1995 1995 VARIANCE
PARKING STRUCTURE.FUWD . ORIG.INAL AMENDED.. ACTUAL OVER/(UNDER)
,
: . : ' : _BUDGEI' BUDGET
REVENUE
Daily Parking Revenue 1,401,500 1,401,500 1,473,458 71,958
Passes & Coupons 407,875 407,875 335,974 (71,901)
Lease Revenue 86,916 86,916 99,344 12,428
Interest Income 16,985 16,985
. Parking Assessments 75,000 75,000 102,137 27,137
Miscellaneous 1,526 1,526
TOTAL REVENUE 1,971,291 1,971,291 2,029,424 58,133
EXPENDITURES
Gate Operations 333,639 339,777 333,060 (6,717)
Capital Maintenance 106,857 106,857 67,201 (39,656)
Facility Maintenance 795,709 795,709 795,709 0
Debt Service 531,737 531,737 531,737 0
' Transfer to General Fund 203,348 203,348 203,348 0
TOTAL EXPENDITURES 1,971,290 1,977,428 1,931,055 (46,373
SURPLUS/ (SHORTFALL) 1 (6,137) 98,369
1995 1995 1995 VARIANCE
.
ORIGINAL i4MENDED -ACTUAL OVER/(UNDER) POLICE:CONFISCATION FUND. BUDGET BIJDGET,::.
REVENUE -
Confiscation Proceeds 10,000 37,500 37,500 0
Grant Revenue 7,640 7,640
Earnin s on Investments 3,700 3,700 5,773 2,073
- TOTAL PCF REVENUE 13,700 41,200 50,913 9,713
EXPENDITURES 101,464 120,214. 118,879 (1,335)
TOTAL PCF EXPENDITURES 101,464 120,214 118,879 (1,335)
SURPLUS/ (SHORTFALL) 87,764) (79,014) (67,966)
40TR FI N5. W K4 8 04/30/96
e
i
1995 . , ~ . ..:9995: 1995 , VARIANCE
_ ORIGINAL: 'AMENDED ACTUAL . OVER/(UNDER)
HOUSING FIiND. BtJDGET BUOGET
REVEIVUE
Transfer from General Fund 30,000 30,000 30,000 0
Employee Housing Rent 10,000 18,452 8,452
Earnings on Investments 30,000 30,000 51,385 21,385
TOTAL REVENUE 60,000 70,000 99,837 29,837
EXPEfVDITURES . 30,000 189,500 157,508 (31,992)
TOTAL EXPENDITURES 30,000 189,500 157,508 31,992
SURPLUS/ SHORTFALL 30,000 119,500 57,671
, 1995 , 1995 1995 : VARIANCE
,
,
ORIGINAL AMENDED:. ACTUAL; :OVER/(UNDER)
FACILITIES AAAINTENAR9CE Fl9ND . BUDGET . ; BIJDGET
REVENUE
Maintenance Charges from Other Funds 1,641,254 1,641,253 1,641,253 0
Interest Income 16,482 16,482
Lease & Miscellaneous Revenues 11,680 11,680
TOTAL REVENUE 1,641,254 1,641,253 1,669,415 28,162
EXPEfVDITURES 1,641,254 1,663,146 1,485,611 (177,535)
TOTAL EXPENDITURES 1,641,254 1,663,146 1,485,611 (177,535)
SURPLUS/ (SHORTFALL) 0 (21,893) 183,804
40TRFIN5.WK4 9 04/30/96
• ' ?l/ V ~I { b , .
1~orthwest Colorado Council Of Governments~
- 1905 Annual Re~ort .
Sky??ne Sfl~ Ar@a healfh and safety problems (gas leaks, fumaces with .
- carbon monoxide or a cracked heater exchanger, etc.)
AgenCy. on Agllng, that were cor~ected by the weatherization crew. In 1995 the Regional Advisory Committee of 1995 brought a change in the State management of
SSAAA atlopted new by-laws, significantly expanding the Weatherization Assistance Program (WAP). In
the representation on the. council and authorizing a 1995 the Colorado Division of Housing (DOH) agreed
grant review committee which will be responsible for to transfer State management and oversight of the
making budget and fund- 'WAP from DOH to the Governor's Office of Energy
ing recommendations. Conservation (OEC).
These changes will be im- NWCCOG EXPERTOSE OEC has assumed full
plemented in 1996, 'responsibility for Colo-
Another innovation Northwest COG has a twenty. three year history of rado's WAP effective
was the' launching of the developing intergovernmental funding formulas and April 1,1996.
"Nutrition Project ConVibu- delivery of effective regional services that are beyond In December
tion InitiatiVe" which was the scope of any one local government. As a re- 1995 at the annual
designed to educate par- 9ional planning and service delivery agency, we are grant guidance meet- -
able to fulfill the need for shared technical expertise
ticipants , about the real - ing, OEC announced
cost of the meal ($3.81 in and program cost sharing. , that consolidation of
In 1995, NWCCOG provided a 4.71 return on inves#-
.1995), the importance of inent to its membership - local weatherization
the contributions, the use ~ agencies was : being
of the contributions and - encouraged as one
the purpose of the program. A kit was developed with way ;to cope with possible impending budget cuts.
marketing materials including posters, brochures, table OEC has allowed _the current 19 Colorado WAP provid-
tents, press releases, etc. and distributed to meal site ers to continue to. deliver. the weatherization program ,
staff, site councils; County Councils on Aging, Senior- for the 1996 program year, but has announced plans to
Coordinators, RAC members, and. NWCCOG Board - stress consolidation, and -to develop a Rule-Making
Members. , process to develop the procetlures whereby local
. The results of the "Nutrition ~roject Contribution Ini- ' agencies will be shut down and consolidated with other .
tiative" have been impressive. The average donation areas in 1997. ' - increased from $1.65 in 1994 to $2.01 in 1995. _ , . Water QualQty / Quant~ty . .
1995 SERVICE STATISTICS The mission of QQ is "To enable its members to protect .
41,175 Meals Served . . and enfiance the quality of Colorado's waters while fa-
3,154 Outreach Persons ' cilita6ng the responsible use of those resources for the
40,548 Transportation Units good of all Colorado citizens and its environment." To-
69;887 1,842 Information Hours of and In-Home Referral Service Contacts . Ward this 2nd, QQ seeks to (1) protect local govern- ment land use authority- (particularly Colorado 1041
'autliority); (2) educate its members regarding water is-
`~~~~gy -Management sues affecting.Region XII; (3) represent its members in
The Energy Management Departrne,nt continued its various water quality and quantity advocacy groups
emphasis on quality in, 1995. In 1995, 81 homes throughout the State; '(4) develop Region XII's regional
across the region were weatherized. Wouseholds re- . 208 Plan and defend -it before the Colorado Water
ceiving weatherization enjoy not only. a more energy- Quality Control Commission, and; (5) offer various sup-
efficient home, but also a safer one. In 1995 approxi- . port services to its members throughout the year (i.e.,
mafely 2/3 of all homes. weatherized had.one or more. - newsletters, quarterly meetings, etc.)
. . . . . , . .
. - . , . '
Northwest Colorado Council of Governments . : 1995 Annual Report . . ` . , .
Community Development', auality Control- Commission, the Governor and the
The Community Development Departrnent is continuing . ERA. The 208 Plan is used at the federal, state and lo-
its focus on growth coordination, grant assistance, con- cal level to~implement water quality management. Ad- .
tinuing etlucation, " regional. data, and facilitation for ditionally, the Water Quality,Program provided technical.. _
- meetings and focus groups. assistance to- local communities in reviewing develop-
- , During 1995, the department also completed the follow- ment and wastewater treatment plant plans, as well as. projects:' . serving on, three State Task Forces- (Mining Water
ing special
~ Planning Commission Training was provitled for the Quality Task Force, Site Application- Critical Review
Team
'towns of Minturn; Fraser,'-Yampa; Oak Creek, Grand andthe Nonpoint Source Task Force), and rep-
, Hof Sulphuc Springs, Kremmling and Avon. resenting the region's interest in appropriate State Wa-
County
. . . ter Quality control Commission hearings.
~ Grantl County-.and its six towns. received assistance . .
in hiring a firm to,complete a growth.management plan: . Elevator Inspection
•Eagle County received assistance with its open.;space The Northwest Colorado Council of Governments Ele-
plan. vator Inspection Program began its
1996 projects include assistance , first full year of operation in 1,993.
with revision of subdivision regula- , NINCCOG Provides Services Prior to that time, most of the ele-
tions, 'development of a parkirig and Advocacy within our six vators in the region had 'not been plan for tlie town of Minturn, com-. program areas: . inspected. - , - pletion of ~ the study of atypically Skyline Six Area Agency on In the first year many of the eleva-
large homes, a feasibility study for Agin9 , tors were found to be in critical or
a RouttCounty. indoor arena and , Comrraunity Development ' hazardous eondition. -By 1995, al-
assistance. to 7 communities with E/evator Inspection most all of the elevators have
fiscal, impact fees. :Energy Management . , moved to the safe or incidental
- • Water Quality : - categories. wateC. Qllallty •_Water Quality and Quantity The program has 'also grown from -
491 units inspected in 1993 to 589
Planning units i n ,1995. Most of the prog(am 4-
In 1995 the Water Quality Program growth has been. due to inspec=
, completed its tevised draft Regional Water. Qualitytions of new elevators.- Management Plan (208. Plan). The revision process, The program is supervised ;by. NWGCOG and an advi-
which was begun in 1993, was done from the bottom sory committee comprised of local building offcials. .
. , up, examining,eacii of the tlrainages in each of the wa- Each jurisdiction: . ~tershetls antl working at.the local level. The Regional 1) passes an ordinance authorizing the elevafor in-
. Policies were developed.using individuals who had par- .'spection.service antl establishing the $150.00 per in= .
ticipated in developing the watershed- plans and repre- spection.fee to building owners and; ~ . ~sented a great diversity of interests; including: 2) signs a letter of agreement with NWCCOG to pro- , .
developers, environmentalists,, miners, ranchers, plan- vide the service. .
ners, sanitation districts and ski areas. The NWCCOG During 1996, the advisory committee will be, challengetl
board approvetl fhe 208,PIan on March 28, 1996. Now to'plan for future program growth and staffing.acrange- ,
the document will be submitted fo the Stafe Water ments for inspestion of new elevafors: . , ,
Reg'i-onal 0es
1996
Program Description 1996 Regional Business Budget
Regional business provides management for the Revenues
Council of Governments. It assures accountability County & Municipal Pledges $151,475
of NWCCOG programs, policies and services to our
32 member governments and all of our federal, state Interest Income $ 6,000
and local funding sources. Regional business is Total $157,475
funded by NWCCOG dues and provides the match- Expenditures
ing funds to our grant programs.
Working closely with the elected officials on Directors Salary/Benefts $ 43,016
the COG board, regional business staffed by the EY- Cash Match to Programs $ 70,903
ecutive Director, is responsible for facilitating the Other: $ 43,556
direction of the oraanization and its programs and Indirect, Contract Labor,
implementing the organizational mission. Capital Outlay
Total $157,475
History of the Program
NWCCOG was established as Colorado Plan- HighlighfS of 1995
ning and Management Region XII in 1972 by Ex- 0 Actively participated in the two regional health
ecutive Order of the Governor in response to the and human service district restructuring committees.
Federal Intergovernmental Cooperation Act of V Actively participated in the Rural Resort Region
1968. Regional planning was encouraged as a steering committee meetings.
means to avoid overlap, duplication and competi- 0 Coordinated regional Smart Growth effort.
tion between local planning activities. 2 Initiated a task force on regionalism to explore
NWCCOG has adapted over the years to the options for consolidation or shared services with Re-
changing needs of its members and has settled in gion XI.
the last ten years on a core set of programs and the
following goals: Proposed Program Activities 1996
? Develop and present recommendations on the
• Increase political clout with State and Fed- opportunities for consolidation or shared services with
eral Agencies. Region XI. Obtain feedback of inembership on the
• Efficient delivery of region-wide services. proposal and work with board to make and implement
• Facilitate information exchange among lo- decisions.
? Revise personnel policies.
cal governments. ? Institute a step program for employee
• Enhance intergovernmental cooperation. compensation. • Provide technical assistance to members. El Develop a 501c3, side by side foundation that
can accept foundation grants for the organization.
Cl Provide training to members on conffict man-
Governing Board agement and the development of housing trust funds.
NWCCOG is governed by a board of directors 0 Review options and recommendations for con-
comprised of elected officials from each of its 32 solidation of the Water Quality and QQ Programs.
? Enhance fiscal stability of organization by estab-
member governments and an executive committee lishing an equipment replacement fund.
of 7. Board meetings are on the fourth Thursday ? Explore new internai indirect methodology for
of each month, with the Executive Committee meet- 1997 budget.
ing monthly and the fu(( board meeting bi-monthly.
0
k.,o' munity Development
1996
1996 Community Development Budget
Program Description Revenues
DLA $61,000
The Community Development Program NWCCOG $14,512
lends technical assistance to towns and counties. Total $75,512
This includes project planning, errant assistance, Expenditures
facilitation, regional data development and link- Project Staff/Contractors $56,386
ing and networking of resources. Approximately Overhead/travel $19,126
Total $75,512
four community projects are chosen each year
for special assistance, through an application Highlights of 1995
process and selection by the NWCCOG board. 2 Assisted Eagle County with updating its
open space plan.
History of the Program 2 Completed planning commission and town
The Community Development Program has council training's for the towns of: Montezuma,
evolved through many phases as it adapts to the Yampa, Avon, Oak Creek, Minturn, Grand
current needs in the region. In the past the pro- County, Fraser, Hot Sulphur Springs, Grand
gram had the following emphases: economic Lake, Kremmling.
development, transportation and aviation plan- 0 Assisted with area plans for growth coordi-
ning and grant assistance. The program also nation for the Town of Basalt and the Fraser Val-
provided circuit riding planning staff, studied ley including the Towns of Winter Park, Fraser
and Grand County.
regional housing, created the Northwest Loan 2 Assisted Grand County in shaping a
Fund and the Colorado Annual Planning Con- county wide growth management grant applica-
ference, studied the need for affordable housing tion. NWCCOG will be highly involved in imple-
and coordinated the regional smarf growth proc- mentation of this project.
ess. The community development program has 2 Legal Practitioner's Workshop: Conducted
always provided assistance in identification of a hands on land use workshop for local govern-
resources and community technical assistance, ment attorneys and community development di-
particularly to the region's smallest rectors in the region emphasizing growth
communities. management tools.
LZ Held a two day Kaizen workshop for 27
Advisory Boards/Commziniry Input participants from 7 local governments in the re-
gion on the distinctions and tools of continuous
The program works closely with improvement.
NWCCOG's member communities. We also ~ Facilitation has been provided for:
conduct occasional networking meetings among Grand County,- Rural Resort Region, Archdio-
the region's planners. In addition the cese Housing Project, Eagle Valley Sales Tax
NWCCOG board is actively involved in the se- Referendum, Dillon Town Council.
lection of the annual technical assistance 2 Two regional data pieces have been
projects. developed.
2 Coordinated the regional smart growth tions will be developed and recommendations for
summit. Coordinated and published the regional parking improvements and public transit options.
smart growth plan. 100 hours of technical assistance provided in
Proposed Program Activities - 1996 conjunction with town planning staff.
? Aspen/Pitkin County Atypically Large Home ? General Technical Assistance to communities,
Study. Study data will include average number of particularly as expansions of current projects.
trips per vehicle, number of full time employees For example, Hot Sulphur Springs and
generated per household of x square feet, aver- Kremmling have also indicated an interest in re-
age length of use of the home by owners, guests vising their subdivision regulations as an add on
or renters. Analysis of data collected may lead to the Fraser project. Special projects as time
recommendations regarding mitigation of traffic, permits.
employees, housing size limits or additional im- 132 hours
pact fees for over-sized homes.
This project has demonstration value. An informal ? Technical Assistance With Grant Applications,
survey showed that the towns of Vail, Steamboat particularly energy and mineral impact applica-
Springs, Gypsum, Fraser, Breckenridge and the tions and Great Outdoors Colorado (GOCO)
counties of Eagle, Routt, Grand, Summit and San grants. Private foundation research as requested
Miguel are interested in the results of the study. by members.
75 Hours technical assistance to be provided in
conjunction with on site staff. El Meeting Facilitation will be provided once per
year free of charge, depending upon availability
? Routt County Fairground Facility Feasibility of staff. Counties are entitled to 12 hours/year
Study. Completion of a feasibility study for an in- and towns are entitled to 8 hours/year.
door arena and regional activity center to be lo-
cated at the fairgrounds in Hayden. The project ? The Regional Data Center, coliects and makes
includes development of the requirements for the available demographic ahd economic data and
facility, its economic feasibility, a market analysis produces 2-3 trends publications per year. Spe-
and preliminary facility plan. The facility would be cial data related projects are taken on as time
utilized by equestrians, for community education permits. This year the state demographer's office
events and possibiy as a future distance learning is working with NWCCOG on an economic mod-
site. eling project.
275 hours technicai assistance to be provided in
conjunction with the fair board and community
volunteers.
? Town of Fraser Subdivision Regulations.
Amendment of the town's subdivision regulations
to better address community development and
growth concerns.
60 hours of technical assistance to be provided in
conjunction with town planning staff.
? Town of Minturn Parking Plan.
Develop a parking plan that maximizes the use of
available parking space. Tasks include analysis
of current parking, determination of peak parking
demand taking into account variations in parking
demand for day night, weekday, weekend and
seasonal use and employee parking. Parking op-
S'ax Area Agency on A i
g
1996
1996 Program Budget
Program Description Revenues:
Skyline Six Area Agency on Aging is the regional Federal/State $152,381
NWCCOG Match $ 25,475
focal point for services to senior citizens in the six county projeCt'InCOme $ 91,500
area known as Region XI1. Anyone 60 years of age or Total $269,356
older is eligible for services. Expenditures:
The AAA uses federal Older Americans Act funds in Program Staff $ 56,410
conjunction witii state, county and local funds to develop Nutrition Site Staff $ 72,600
and implement a comprehensive and coordinated system Food $ 42,652
of services for the elderly. Grants to Subgrantees $ 62,380
Other $ 35,314
History of the Prograrn Total $269,356
The Older Atnericans Act was passed by Congress in
1965. Revisions to the Act established Area Agencies on Highlights of 1995
Aging in 1973. There are 672 AAA's in the country. 0 Implemented a program income initiative to gen-
NWCCOG began sponsorsliip of SSAAA in 1978. erate more revenues for the nutrition program. Pro-
duced the "Nutrition Contribution Promotion KiY"
Goals established for the future inc(ude: (broChures, posters, educational materials, etc.) All
3;;-Promotion and Enhancement of Effective Commu- sites have increased contributions. Several sites have
nity [3ased Senior Service Systems experimented with the "Cost-Sharing" sliding donation
~-Preparing for the 21st Century - Challenges and scales with great success.
Opportunities for an Aging Society OImplemented new By-Laws which will expand the
r-Older Persons as a Resource representation of the Regional Advisory Council.
aPrevention and Alternatives to Institutional care
VCompleted new Policies and Procedures
3--Senior Advocacy on State and National lssues Manual".
VActively participated on two Restructuring Com-
Advisory Boards/Community Input mittees (Northwest and Rural Resort). Assisted with
The SSAAA Regional Advisory Council (RAC) is faCilitation and focus groups for both groups.
mandated by the Older nmericans Act. RAC members VActively participated on the newly formed Colo-
meet bi-monthly lo discuss issues of concern to the eld- rado Human Services Advisory Committee.
ci-ly, i„oi,i<oi- set-vice (iervei-y ortiic ssnnn sut,brantces, 1.4 Served as a Colorado delegate to the White
and exchange information on elderly programs and House Conference on Aging.
opportunities. V Completed the remote reporting system for all
, six counties by getting Grand and Jackson counties
The RAC makes recommendations to the NWCCOG Computerized.
Board Of Directors for grant awards, budget decisions 0 Completed four forums on senior citizens needs
and legislative support. in the areas of nutrition, health care, transportation and
Outreach.
Each County Council on Aging has a representative
and two alternate members. Agencies and service pro- Proposed Program Aetivities - 1996
viders who work with the elderly are recruited as "Opti- ElContinue efforts to educate participants about
mal Representatives" to the RAC. the importance of their contributions.
? Expand use of "cost-sharing" methods where
appropriate.
O Work with Grant Review Committee and RAC to
devise recommendation for fair and equitable distribu-
tion of Older Americans Act funds.
O Actively participate at the state level in any Vol-
ume X revisions which wili occur as a result of the Re-
authorization of the Older Americans Act.
O Actively participate in the state implementation
of NAPIS (computerized reporting system).
? Complete Summit County Senior Survey.
1996 lssues
• Funding from the Federal Government is
in jeopardy. We are expecting cuts of at
least 5% for 1996 funding.
• The Reauthorization of the Older Ameri-
cans Act is scheduled to occur in 1996.
Major changes are being debated in
Congress.
• It is expected that the State will be given
greater flexibility in designing rules to im- .
plement the new OAA. We need to partici-
pate in that rule-making process to
represent the concerns and needs of our
rural elders.
• A new computerized reporting system
(NAPIS) will be discussed at the State
level in 1996.
• Local funding priorities and allocations
need to be determined for both the 1996
and 1997 grant years.
Energy Management
1996
1996 Program Budget
Revenues.
State Revenue (estimated) $151,275
Program Description Public Service Company (PSCo) $ 31,920
NWCCOG $ 8,000
The Energy Management Program helps Total $191,215
low- and moderate-income households reduce Expenditures
their fuel consumption and heating costs Program Staff $100,781
through services sucli as installation of caulking
and weatherstripping, insulation, storm win- Contract Labor $ 36,250
dows and furnace tune-ups. Materials $ 25,160
Overhead / Travel $ 29,024
Total $191,215
History of the Program Highlights of 1995
0 Successfully weatherized 81 homes in Re-
The Weatherization Assistance Program gion 12.
(WAP) began in the 1970's in response to the 0 Continued public/private E$P partnership
1973 oil embargo, which increased the energy between NWCCOG, PSCo, and the State of
burden on low-income households. (The aver- Colorado.
age low-income household spends 12% of its .
income on residential energy as opposed to 3% Proposed Program Activities - 1996
for the average American family.) NWCCOG ~ Weatherize homes in Region 12, providing
has weatherized over 1500 homes since becom- energy conservation services that save at least
ing a local adininistering agency under the $2•00 in energy costs for every $1.00 in labor and
material spent.
WAP. Weatherization has helred presecve af ? Improve health and safety conditions that
iordable housing units in the region and, by re- relate to weatherization.
ducing a household's energy consumption and ? Provide consumer education about energy
expenditures, increases the amount of inoney efficiency to all households that receive
that these households have available to spend in weatherization.
their local coinmunities. The WAP has been
demonstrated to be cost-effective in studies by 1996 Issues
both Oak Ridge National Laboratories and the • Funding from the Federal level
Public Service Company of Colorado. • Consolidation of local agencies
• Funding from PSCo - PSCo has filed
with the PUC to end funding for
weatherization
Inspecti on
Frogram
Elevator 1996
Program Description 1996 Program Budget
The Northwest Colorado Council of Govern- Revenues:
ments Elevator lnspection Program began its first Inspection Fees $82,740
Consultant Fees $ 5,224
year of operation in 1993. Prior to that time, most NWCCOG Match $ 3,226
elevators in the region had not been inspected. Total: $91,190
Member jurisdictions are invited to sign a"Let- Expenditures:
ter of Agreement" wilh NWCCOG. Jurisdictions Program staff $61,781
agree to pass an ordinance authorizing the service Indirect $10,429
and establishing the $150.00 fee per inspection to Other $18,980
building owners. NWCCOG agrees to perform all Total $91,190
the billing and administrative duties for the pro-
gram. Building Departments and the Elevator In- HlghlightS of 1995
spector work cooperatively to implement tlie ~ Performed inspections on over 550 elevators in
program in eacli locale. the region.
History of the Program 0 Performed plan review and initial certifications
on over 40 new elevator installations.
ln 1992, Building Department Ofticials in this V Completed a survey of Building Owners and
area approached the [3oard of the Northwest Colo- Managers.
rado Council of Governments with a request to con- Ca Revised fee structure for consultation time.
sider the region-wide implemenlation of an elevator
inspectioti program. A successful regional model Proposed Program Activities - 1996
administered by tlle Denver Regional Council of O Develop fee structures for new elevator permits
Governments has been in operation for many years. and consultation time.
NWCCOG tlien studied tliis model, tlie need for O Explore options for revising fee structure for ele-
the service, the economic feasibility of the project vator certification.
and the willingness of inember jurisdictions to par- [I Complete the computerized billing and reporting
ticipate. The Board then authorized the program to system.
begin it's first year of operation in 1993. A full- 19961ssues
time elevltor inspector, Qilly Hulse, was hired in • Revenues to the program need to be en-
February 1993 and thc lirsl inspcclions slarlccl suom hanced without raising the inspection fees
tliereafter. to the small elevator owner/manager.
Advisory Boards/Communily Input • New elevator installations are demanding
All participating jurisdictions are invited to ap- an increasing amount of the inspector's
point their Building Offcial to the Advisory Com- time. Options need to be explored which
mittee. The Committee reviews any implementation discourage emergency inspections of new
problems being experienced by the Elevator Inspec- installs which are not really ready for final
tor and recommends solutions in the form of policy inspection.
development , operational procedures or technical • Policies for new elevator permitting fees
advice. Recommendations from the Advisory Com- need to be established.
mittee are then submitted to the NWCCOG Board • Workload issues need to be addressed,
of Directors for adoption. especially if any new jurisdictions decide to
use this program.
Water Qual'ity
1996
Prograrn Description 1996 Program Budget
The Water Quality Program provides the six
counties and twenty six municipalities of Region Revenues
Xll with expertise in water quality planning, regula- Match from QQ Program $41,000
tory monitoring, and technical assistance. The ma- Federal Contract (EPA) $15,250
jor responsibilities of the program include: the State Contract (WQCD) $10,000
Regional Water Quality Management Plan (208
Plan); regional permit reviews (discl7arge pern7its, NWCCOG Match $17,467
Environrnerttal Impact Stateiraents, site applications, Technical Assistance (SWQC) $ 4,500
401 pennits); technical assistance to NWCCOG Plan Reviews $ 500
members U)roject develop»ient, grant and loan ap- Total $88,717
plications related to water qualily, laiid use issues
related to water qualily inipacts); and review, com-
ment on, and inform members about water quality Expenditures
legislation. Program Staff $56,854
The Water Quality Program works closely with Legal / Technical Assistance $11,100
the WaterQuality/Quantity Program, the legal and
advocacy arm ofNWCCOG's water management Overhead / Travel $20,763
strategy. Total $88,717
History of the Program Highlights of 1995
The Northwest Colorado Council of Govern- V Drafted complete revision to 208 Plan.
. ments has been the designated regional water qual- 0 Participated in Water Quality Control
ity management agency since 1976. In that capacity Commission Hearings (Human Health Based
NWCCOG completes and updates a water quality Water Quality Standards Policy, Selenium
management plan for Region XII in compliance Standards, Dillon Reservoir Control Regulation,
with Section 208 of the Clean Water Act. Standards on Segment 6C of Upper Colorado
Tlie 208 Plan assesses regional water quality, River).
proposes stream standards, identifies water quality 0 Served on State's Mining Water Quality
problem areas, and identifies wastewater treatment Task Force.
plan long term needs. The Plan also includes policy
statements which provide a common consistent ba- Proposed Program Activities - 1996
sis for decision making. El Approval of 208 Plan by NWCCOG Board
and the Water Quality Control Commission.
Advisory Boards/Cornmunity Input O Participation in activities which lead to im-
Community input in each of the watersheds was proved water quality such as State hearings on
used to develop tlie individual watershed plans the antidegradation reviews and the State's Min-
within the 208 Plan. In addition, a"Regional Poli- ing Water Quality Task Force and Critical Review
cies Guidance Group" was formed to assist in the Team for the Site Application Process.
development of the regional policies. O Work with NWCCOG's Q/Q and Commu-
nity Development programs in the implementation
of the GO CO Water Quality Capacity Building
Project which focuses on improved utilization of
the 208 plan.
O Continue to provide technical assistance
to Q/Q Program
? Continue to provide technical assistance
to local communities when requested.
? Participate in ventures such as the Colo-
rado River Headwaters Forum and the State Wa-
ter Quality Forum, which seek to improve
confrontational water processes,.
1996 /ssues
• Increasing the interest and participa-
tion of Water and Sanitation District
members in the QQ and WQ
' programs.
• Approval of the 208 Plan by
NWCCOG and WQCC.
• Local implement of the 208 regional
water quality management plan.
• Improved communication and position
development concerning state and
federal water quality regulations.
Water Qual'ity Quanti'ty
1996
Program Description 1996 Program Budget
The mission of the QQ Committee is to en- Revenues
able its members to protect and enhance the County & Mun. Pledges $102,556
quality of Colorado's waters while facilitating Water & San. Dist. Pledges $ 28,865
the responsible use of those resources for the NWCCOG Match $ 2,223
good of all Colorado citizens and its Total $133,644
environment.
The QQ staff provide members with moni-
toring of legislative issues, water quality infor- Expenditures
mation, litigation and advocacy support, Project Staff / Contractors $ 71,000
transmountain diversion oversight, and partici- Match to WQ Program $ 41,000
pation in intergovernmental matters providing Overhead / Travel $ 21,644
for increased cooperation on water matters and Total $133,644
improved political clout with state and federal
agencies. Highlights of 1995
History of the Program V Program staffing was changed to include
in-house program directors
The QQ Committee was first established in 2 Water and sanitation districts were in-
1978 as a cost saving measure designed to coor- cluded as voting members
dinate legal activities regarding transmountain 2 The US Supreme Court refused to hear ar-
diversions. Elected officials from the headwater guments from Aurora and Colorado Springs on
communities decided to pursue more coopera- Homestake II, officially killing the project.
tive efforts to influence state water policy in the
late 1980s and early 1990s. These efforts have Proposed Program Activities - 9996
brought together diverse interests and resulted El Focus on issues related to transmountain
in the formation of the Colorado River Headwa- diversions through increased participation in
ter Forum. There has been considerable state- Front Range Forum and evaluation of alternatives
wide recognition for these efforts. to Homestake 11.
? Participation in activities which lead to im-
Advisory Boards/Community Input proved water quality such as development of
NWCCOG's 208 plan, State hearings on the an-
The Water Quality and Quantity Committee tidegradation reviews and efforts to improve wa-
has its own Board that oversees budgetary mat- tershed approaches to water quality planning and
ters and establishes policy and direction. Mem- management.
bership in QQ includes both local governments ? Work with NWCCOG's Community Devel-
and water and sanitation districts. Quarterly opment and Water Quality programs in the imple-
meetings serve as a forum for policy formula- mentation of the GOCO Water Quality Capacity
tion, member education, and strategic decision Building Project which focuses on improved utili-
zation of the 208 plan.
? Defend HB 1041 from legislation aimed at
weakening locai government's land use authority.
? Evaluate proposals to alter State instream
flow laws and formulate positions on this matter.
O Participate in ventures which seek ta im-
prove confrontational water processes, such as
the Colorado River Headwaters Forum.
1996 /ssues
• Renewing interest in the QQ program
and increasing the participation of
members. ,
Developing a dues structure for
members.
• Coordinating with NWCCOG to imple-
ment the regional 208 water quality
management plan.
• Improved communication and coordi-
nation among members on the use of
HB 1041 authority.
iNorthwest Loan Fund
1996
1996 Program Budget
Program Description Revenues
The Northwest Loan Fund (NLF) is a non- State ContracUAdmin $ 48,000
profit corporation that provides start-up and/or Interest income 67000
Total $115,000
expansion financing for small businesses that Business Assistance
are unable to secure conventional tinancing in State Contract $122,000
Region XII and Garfield, Moffatt, and Rio NLF Revolved Funds 575 000
Blanco Counties. This business financing assis- Total $687,000
tance allows enhanced cash flow for borrowers
with low interest rates and flexible terms. The Highlights of 1995
goals of the fund are to create and retain jobs for 0 The only staff position for this program was
individuals of low to moderate income, and di- filled after being vacant for five months.
versify the economy throughout the service 0 Three loans in the service territory were
area. Funding comes from the State, through made:
the Governor's Office of Business Develop- $100,000 to a wholesale business in Routt
County;
ment, and internally from loan oriaination fees, $15,000 to a service business in Garfield
interest income, and revolved (paid-back) County;
principal. $45,000 to a manufacturing/wholesale busi-
ness in Moffatt County.
History of the Prograrn 0 A new "low-doc" micro-lending program The NLF was created in 1985 to serve Re- was formulated for revolved funds.
gion XII. In 1988, the service area was ex- Proposed Progr'am Activities - 1996
panded to include Garfield County, in 1989 to ? Continuing education for new Program
include Moffatt County, and in 1992 to include Director.
Rio Blanco County. Since 1985, the NLF has 0 Promotion of NLF via community banks, Smali
received a total of $2,270,300 and a total of 263 Business Development Centers, and CMC busi-
jobs have been created or retained by lending ness programs.
this amount to small businesses. ? Implementation of micro-lending program us-
ing revolved and contract funds.
Advisory Boards/Commuiziry Input ? Participation in business assistance with other
The NLF is governed by a nine member lenders, e.g., CHFA.
board of directors, with each county in the serv-
ice area being represented by a volunteer mem- 1996 /ssues
ber. The Board meets the third Wednesday of ~ Determine the new NLF niche, given new
every month. Each board member is approved S.B.A. program features...where and how can
NLF fit in?
and appointed by the NWCCOG Board of ? Fulfillment of current state contract...distribute
Directors. the remaining $122,000 of contract funds.
? Research alternative funding sources for future
operations.
@.
AAEINORANDUBIA -
TO: Vail Tovun Council
FROM: Community Development Department
DATE: May 7, 1996
SUBJECT: Ordinance No. 7- Amendment to the Appeals Process in the Zoning Code
On March 5, 1996 the Council reviewed a proposal to consolidate and amend the appeals
process for the Zoning Code. Council recommended that the proposal be rewrorked in order to
preserve an applicant's ability to appeal to the Town Council and to preserve Council's ability to
call up a decision of staff or one of the boards. The proposal has been revised to comply with
Council's concerns. The revised policy consolidates the appeals process in one chapter of the
Zoning Code.
The following is summary of the proposed cade changes and process:
1. Appea9s of admanistra$ive r9ecisions (staff decisaons)e ,
a. Staff decisions on zoning regulations; •
b. Staff interpretations; and
c. Staff decisions on design guidelines.
An appeal of an administrative decision which does not involve the design guidelines
would be heard by the PEC. Any further appeal would be to Council. [No ch^nge]
An appeal of an administrative decision with regard to the design guidelines uvould be
heard by the DRB. Any further appeal would be to Council.
2. Appea9s of ORB deCis6ons.
An appeal of a DRB decision would be heard by Council. Any further appeal would be to
the courts. [No change] , 3e Appea@s of PEC decasions.
An appeal of a PEC decision uvould be heard by the Council. Any further appeal would be
to the courts. [No chaeege]
4. Appea9s o$ ~ouncal dec'ssaons.
An appeal of a Town Council decision would be heard in the courts. [IVo change]
Page 1 of 2
4
5. Appeals of the sign code.
Appeals of administrative decisions related to the sign code would be handled using
these same guidelines. Technical issues would be appealed to the PEC and design
issues to the DRB. Any further appeal would be to Council.
6. Criteria for appeals.
a. Standing.
Persons allowed to appeal an administrative decision, DRB decision, or a PEC
decision include the applicant, adjacent property owners, or any "aggrieved or
adversely affected person."
~
The administrator shall determine standing. If the appellant objects to the
administrator's determination of standing, a hearing will be scheduled prior to the
appeal hearing where evidence is submitted and the hearing body (i.e., the DRB,
PEC, or the Town Council) will make a determination as to whether the appellant
has standing to file an appeal.
b. Notace of appeal.
A notice of appeal must be filed (on forms provided by the Town) in order to begin
the appeal process. The notice must include the name and addresses (mailing
and physical) of the applicant, the property owner, and the adjacent property
owners, and specific and articulate reasons for the appeal. Specific and articulate
reasons would include references to specific code sections being applied or
interpreted and arguments related to the code application or interpretation.
c. Time frame for appeal. An appeal must be filed within 10 calendar days following a final staff or board
decision. An administrative decision is considered final at the next meeting of the
PEC or the DRB following the administrator's decision. A hearing must be
scheduled within 30 days after receiving a complete notice of appeal.
d. Fees.
The person filing an appeal must pay a processing fee to cover Town costs.
7. Ca01-ups.
This proposal preserves Council call-ups using current code language. [Alo change]
f:\everyone\councillmemos\appeals.wpd
Page 2 of 2
d
Ol4DBNAPICE N0. 7
Ser6es o4 9996
AN ORDBPIAPICE AwlIENDINC TITLE 18 ZONIMG, CF9APTERS 18.92 ('P1N0-FAMILY
RESIDENT1A,L (Fi) DIS7RICT), 18.13 (PRIM,4RXlSECONDARY RESIDENTIAL DISTFiICT),
98.54 (DES6GPJ REVIEW),16.56 (ENV16iONMENTAL IMPACT REPORTS),18.58
(SUPPLEMENTAL REGULATIONS),18.60 (CONDITIONAL USE PERMITS),18.62
(VARIANCES), AIVD 18.66 (ADMINISTRATION) WI7F1 RESPECT TO ADMINISTEtATIOId
AND APPEALS PROCEDURES OF THE VAIL MUNICIPAL CODE.
WHEREAS, Sections 18.12.091, 18.12.092, 18.13.081, 18.13.082, 18.54.080, 18.54.090,
18.56.115,18.58.190,18.58.310,18.60.070,18.62.070,18.66.030, of the Vail Municipal Code
describe the administration and appeals process for the zoning ordinance; and
WHEREAS, the Towrn Council has expressed the desire to have a simpie, fair, and open
appeals process; and
VUHEREAS, the current regulations pertaining to appeals are unclear and inconsistent.
Appeals provisions are scattered throughout the code and, over time, provisions have been amended
in some sections and not in others, causing inconsistencies; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
" recoR.mended approval of the amendment to the Vail Municipal Code at their February 26, 1996
meeting; and
WHEREAS, the Town Council considers it in the interest of the public health, safery, and
welfare to amend said Chapter of the Municipat Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
, COLORADO,THAT: ~
•
[1Vot^: Teat ¢Cnmmt ns strie!U-ee is being deleted and Qezt ghae is sh~detl is benmg added.]
Section 1.
Chapter 18.12, Section 18.12.091, of the Vail Municipal Code is hereby deleted in its entirety as
follows:
('d'WO-FAMfllLY HBESIDEld'd'IA.I. (R) D1S'g'dilC'p')
, . Fae
Page 1 of 12
~
memberspresent
Section 2.
Chapter 16.12, Section 1812.092, of the Vail Municipal Code is hereby deleted in its entirery as
follows:
bc-caliad-up-bythc
Section 3•
Chapter 18.13, Section 18.13.081, of the Vail Municipal Code is hereby deleted in its entirety as
follows:
(PRIMARY/SECONDAItY 1RESIDENTIAL DISTRICT)
mcmbtrsgrestitt
Page 2 of 12
~ -
Section 4•
Chapter 18.13. Section 18.13.082, of the Vail Municipal Code is hereby deleted in its entirety as
foilows: ~
POS'.
Section 5•
Chapter 18.54, Section 18.54.080, of the Vail Municipal Code is hereby deleted in its entirety as
followrs:
(9DESHUIV REi'HEW) .
*dmin
A. ..~ade-eroithi4rtea-r}aqa-of
,
deentedappiom
~ , the ,
day.
Page 3 of 12
v
Section 6,
Chapter 18.54, Section 18.54.090, of the Vail Municipal Code is hereby deleted in its entirery as
fol{ows:
A. ,
metrtbers-present:
Section 7,
Chapter 18.56, Section 18.56.115, of the Vail Municipal Code is hereby deleted in its entirety as
follows: (ENVIRONMENTAL IMPACT REPORTS)
, ,
mernbers-~meseet:
YW '
Section .
Chapter 18.58, Section 18.58.190, of the Vail MuniCipal Code is hereby deleted in its entirety as
follows:
(SUPPLEMENTAL REGULATIONS)
Page 4 of 12
d .
Appeal
Section B.
. ,
Chapter 18.58, Section 18.58.310, of the Vail Municipal Code is hereby amended as follows:
18.58.310 Bed and breakfast operations.
A. [Unchanged]
B. [Unchanged]
4he-nsoiarion-*eged-t., lrsroc-bec':
y .
~
. , d7e
, D. [Re-letter to C. Remainder unchanged]
E. [Re-letter to D. Remainder unchanged]
F. [Re-letter to E. Remainder unchanged]
Section 9•
Chapter 18.60, Section 18.60.070, of the Vail Municipal Code is hereby deleted in its entirery as
Page 5 of 12
4
`j
follows:
(COAIDITIONAL USE PERMITS)
mtrnbers-presertt
Section 10.
'Chapter 18.62, Section 18.62.070, of the Vail Municipal Code is hereby deleted in its entirety as
follows: (VARIANCES)
A. . ,
rneMbzrs'Presem:
Section 11.
- Chapter 18.66, Section 18.66.030, of the Vail Municipal Code is hereby repealed and reenacted as ' 4ollows: .
(ADMINISTRATION)
18.66.030 Appeals. afadministrativ, .
Page 6 of 12
C
the
adf'flYt13trd40r
on b~ ~riy ~'owri uf Vail
~ninutrat~ve Acticros Any de~i'.s~on, det~uuatic~n,or uiteapretati
ad.cnmis~ra~ave::u~~1~$~, :vu~ z~spect ~ itie ~myisxcnis of;i~s ~tl~;$atd ~e;sts~tiar~is sncl
pt+ocerlures herauia#3er: set f~rtli; sh~ti. ~e. ~i~rai on tt~e ~ate P~f a meewg whei?e ~e deossiaii.
~vas publ~s~;±oa ~u age~tda of a tc~v~ ;~ard, ~ssinn, or cQimctl;~
B: tlp~eal af adii~it~3str~t~'i~e acttoas~
Aut~t?nty; The Piaiznmg ~#l En~raiunental';;Com~nissit~n •~hs~l have the ~ut~t~nty #v
kear amd decide appea~s. ~`rom 8iiy tlea.sipz~, c~~~ or m~rel~Ett~u by auy T+~nviii
of ~a~l;adrn~nistrat~ve riffic~.~~ rsspeet icx~t?~pmv~ons.omtiis a<as~dth~.stan~r+ds
and pzocetiuresherema#'ter set:forth, c~c~pt tt~t:agQeats:t~~any ilea~s~n,;ttk
ar ~t,er~r~Larion ~~r any;Tovfm of V~tl a~3rnan~,ctrattuO+vf~c0 ^p~fEt regard`#~ at3es~g~i
~cieliz~~ s1~ali;t~el~eard ~:sy tbe ~stgn ltevi~w &~nl:;
itutcation;' Ah appr~al may;lae Iut~ate~ by an;a~tpltcatit, ad~~~ent prvperEy at~> u~
aay. aggr~eyai vr adversely affecfed petsfln fir4n~ amy orriew deastan, d~tion. or
^ sntpretabcm by ~ty ~iimcrostritc~re of~c~~ ~ti s~esp~ect; #o fhss t~~~, "Aggne,a~tl::tK
~dvicesely a€fected persioe meaus any persun tvlib ~I suffex an adverse effect tn:tn
ui
mterestprotceted nr fiuYhered.liy tlus ti#l$ Tt~e<alieg~d advsrse interest ri~ay be sharw
comm~a w~th other mem~ers cif t~e 09000tty::~t large; b~tt s~t ~ex~esi m.degree the
g~eral interes€ ~n corrunun~ty'gc~cu€ ~l~a~ed by sll p~rrsons Atie ailm~n~strato~shsll
deterciru~e the standcng>9£ an appellee If ~tse ,ppellee cib}~ ta':the adriiimst~afoF's
; .
detemt~at~on ;of s4anding, the Ptannang:and ~~tentat ~iauss~ot~ :(or t~ l]esigri:
Review Board in case af destgn guidcl~nes} s~8ll, at a meetiug pnor i~ ~Sea~ngg
evitlence t+n xt~~ ap~t; maica a;!deternui}atu~n as #o the`sf~s~ng>pf the a~pelt~, ,;~ffiic
Plans~g aad.Env;resnra~lal Giamtni~sitvn (ar t~ Des?g~i Ra.~~w Bc3ard in the ~ tif _
design: ~udet~} ~eteinrunes ~at ti.~ ~pp~l}ee ~es u~?t;~ve st~e~~g #Q; ~mx~g ~n
Page 7 of 12
. ~
t1~e a}spesl shall ant be hcard;susi the ongmal _action or det~mination stands;
3. Praccdtkes.: A~itte~ nasicc of appeai m~st be flied ueith ihe Directnr of C~inrnunity
Derrelopment ur v1th?the department,rendeling fhstiecisicn, determiaatiani or
intetpt~tgaa v~h~;;ten {tU) cal$ncjar:d~ys of:t~e c.i51011 1a~co111
ntig
, admizusri~~rtr'stlec~si~ ~all;beecune;fuw stfkieUext Pi~iing and Env~ Otal
Ca~rii~uss~~n rgin e case cif design!rela#cti'dth
: : CaegDepgh'Rcvyerv
Board meetixig} follvva~ng tiie:aduunistiatar's:d~cIsIon:':ualess thedeCisi~n Is calIed up
aud iiic~d~fied :by fihe Bc?ard or:Co~mi~s~cm. Suc~ notice ~a11. tie accorripanied by the
~aine;and addresses {madttig ai~d phy§l} of:the aFP~~, Px+?P~Y oi~vner, anti sdgacenf
p~P~Y ~ers as xvelt as spec~~ia and at4~c~slate reastins for iC.3 ppeal on fosms
pxov'itied by t~e Town! TtefiIing of s~elt nc~ece af appeai wiii';require the admin1stcativ~
~cial wt;Ose ttecisicirt is agpealed, icy fmward: ta e 1'la~~ng;and ~nviro~mer~tal
+Coamussioa (ar the ~)es~gu Review ~ioard in the +case of~iesw.T guideli~es) at ths next
regul~rty s~h~dulcti ~siee6mg,. a summary Af all;.aecflr~s :ccmcerrii~g 4he sahje~t~atto of
the appeal and to sedil t~vrtttem<:no~t~c~ t~ the ;crvuuet, and adlacent
PF~Y owaers af teast fifteen (13) Xatendar ~ys }~nor to ~°-g A hearing shall
be scliedttled to be 8eard before i~e Plaiuung a Eavjoniat~tal Cvmmissuut (oz the
besign ReBaard:m the css ofdesign geiilines);on the request s~ith~s f~uty {3Q)
catendar days:uf the ap~real being fled. 'Fhe Plaani~g afiiEnviii~sental +~ofturin
(or #lie Dessgn Revie~v, Baard.:in ihe cw of design guidel~nes) may grant ~ ccinfinuance
to ailaw t~e prties additional time tn olftain ~u£orzaatian. Tbe ~~auce sl~alv be
aiivwed fnr a;:pcncxi nist to exceed anaild~ttonsl #f~rty {3fl)Wendar days Failiue to ~ie
such appeaX shalt consiatute a waiver of any rights aader ttus title tv appeal aay
interpi~etat~on'or €leternunatiiu.made by an mstative offcial:r
4:; Ef~eet of fliug an appeal. 7'he filiag. of a not~ce n~ appeaI stiall stay ail pemiit act~v~ty;
and aay psoceecl~ngs in f~sr~erance of il~e actEOri Vpealed unless the adst~a#ive
officiai renciezing such:decisian, drteruunatian;n~r uxfexpir~at~cm:ce~'htes m wn#t~~ to #~ie
Pl"g ~ Envawnmenw C;ornmLSSian ~t~r #lie be R
S~gn in~iu Soard;in the o~se tif
gc~ideluaes) ~nd`the a~s#slica¢~t t~at a stay: pases aa`~mmuteitt penn] ta ltfe tir
PmP~'f m w~u~r m~ fhe a~speat shail: aot stay; fuEher;pernux acf~ty aBd auy
Page 8 of 12
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d
Pa~ceedings > 1'fis coinrtfissiou (or bnar~ sha11 ~ew;sueh ~ertificafian aad grant ot
deOy A stay n~e proceeti~ngs Such;dete~unatian ~}ia11 tfe mac~e ai the aex# regutarly
sch~dule~d meet~g of'the Pia-nu~g arsd Euv1itmehtai;C',.t?~tun~ssion {cu;ths Design
ILev~ew Bt+a~i ~n #he!case of~eRM giutie2~~es
S:. F~d.ings:: 1'fie Pianausg a~sd ~n~i~ec~tai Co~nait~ssioa: j~ tha Deszgu Revxew
Boarii ~n.tfie:case.~rfde~gn g~ttde~neUshalt.aatmakk~;any d~teim~on on au'appeal
unless tt~e coaun~ssx~ii (ar ~bartt) ids specifi c fiadings of.fact basetl ~uectly an #}ie .
particular evitice pr~sented>2u ii . fi~es~e findi
e~ ngs t~f fact ~nustsupp~t cc~mciwions tl~f
~e standards..a~ci co~cl~khons_iia~os~d:Iry the s~~ of t#~is tit3e tiaue been ~nei: -
6~ Fee~ ~'hc ~'nwn Coun~il shat~ s~~ a re,~s~nattle fee far Mg aFC appe~t;crfan.
adtninxstrariu~ dec~gn, detennunat~~::ar u~terpre~a~on: 'M fe~ sball bi~ suf#`icient tv
e~xver;#he.~s~st c~'tow~ stafitune, Pu3~1ist~ fees, anti tither ~pense~. un~~dentat!`#n ~he
revioftheappeA iae ~doptMia ~ fee sEl~dul±~ The fee s~ail ~te~ui aE
the t~m~ the appe~l ~s;~led;s
b_ Ap~eal of PlAMin~ aric3~nvirosuner~at ~om~nisstan decwons::and 17estgn~viEVV Bflarrl
~
Decis~t~ns:
_ I~ Atrt~~ry;_ The '~own Coui~clt shall ba~re the a~#hority #o hear ~nd deaicie spMts
f~bb~zt<any t~ecis~an, de~minafio~n ar iniexpr~tation by ~s ~'Ianziing amd Ei~vuo~iiental
Cc~ii~sss~ pr the t7esign Re~iew Board w~h;!iesp~ct;~o t~e prbv~s~ons;ofth~s;fitle auit
~e staudmrd~ and procedures hereu~tfter ~et fibith
2; Iniiia#ion: An app~al rnay';'t~e i~ri~ted by ~n agpticaWadjae~n# prtiper€y pr~er, c7r
any aggheved';!rnradversely affeefed pe. u froM$uuy oitl~r, decisu~n, de.Clm- U.J.aition
,~ntM~;ctation bythc P:lanning and ~nv;imnmental Crsmr~issEOn tu the Des~gn Repvtew
&6ard; witt~ ie.spcct to.this btle::; "Aggrieved or:adverseiy a#~ec#eil perso~" mesus a~iy
persisn W6a witl suf~eran. aclverse ~fe.~t #q an ia#eresE.piatecte~;or iered by;#h~.s
The al.leged. ~W- erse Mterest z~ay be sktared M ~oumm. wt~ otliier me~trers t~f tiie
ccfm~nrani~ at;:iarge, but si~l exceeti degree;t~c ge~e~at ~f co~rn~n~ty:gosui
sharedj bY a~ Fersons. 7'be adti~~n€st?ator sh~11 iiet~m~e the si~diug Qf:a~a appetlee If
t~e appeilee ~ects.ta;itke ~in~strator's ~ietcrinr~on ~fata~ritir~g, th~:~'tr~ ~ar~ncii
Page 9 of 12
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sl~II,::at. a nieettng pr~or to b eai~ng e~?idence on the appeat, nnake a defeimination as':to
ttie sta~din~,of ~he a}~ellee ;If the ~"m~m CaYincsl d~nes 4hat thc appeilt'e iloes ~nat
hav~ stand~g:ta bnagan aFRe~, ~he appeat ~hal~ not tie~seardaud the;;onginal;aciion vr
d~tesr~uuaa~;stant~s `I'~e Towa Counct'tmap aiso caup a de01;404 of:;the Plannsng a
E nv~ranmt~zf~i Comtriissi~ ~r;tbe i3esigu ~teviev~. $o~s`d hy a niajarity vote of those
' cc~rmcil ~nbers prese~tis
3:: Praeedvres~ ~ wntten ~tice of apgeal musE ~e ffi+ed anth the; ~'~o~ity
I~veiQp~cr~f 17~rectQr;uy~thui ten ~I O} cal~clax;days ~rf the Pl0 riun;g andv~m~nea#al
0orMssion's:4Wsion o~rti~e Desig,u Rcviev~ &3ard2 4decisxan beeomutg ~L 'Siich
nt~~ce:s~sll be;accompaiued hy;t~e aame ~ad a~ses;{rnwiw>and }~hy5~e~1~ nf t~e
RP~,1IlU`A31~ j1TC1P~Y PrQR~iY a'mers $s welF z speci~G at~'cl
artsculate Msons far #Eie .appeat nn for€i.s p~avitled b~ i1~ T+owIhc filing t~rf s~ch
nc~i~c~ vf appeal will requ3re the Plagning aud Eii~ientai ~G`o~uauss3rrn oi' Lhe I3eszga
Remew 8c~azd;to fcuuvard ta ~he TQ!W CrnincIt at the n~it regalax~y s~~duled ~eee~ag a
~~znar3~ bf aIl`:records;ccaac~ug the :suh~eet ms,tter ~~~he ~al aad ta s~nd ~tf#~
~oti~e;#o ihe ~ppl~~ant, ~Operty nwn~r, aad at~j~ceni prt~ertg oi~rs ati;lesst fiR~en
(Y 5} catendar. days pnar io tke ~~ng. ~Fl he8r~iug sl~~tl ~e sehedt~~~ 0 tie h~ before
ttie Toi~rn Cauacit ~n the request w~tl~it~:tEurCY ~3t)j cateujt~ar ti~ys<af #he appea~ being
fzied T6e T'ov~u Cauncil May.g~ant a rontinaance to al~ow.tEie parties ~ticm~;ume to
abtain infannat:ion The wntinuance s1ia11 be aliowcd fo~ a ptxiiict not ta; iexc~d :an
~clciitiouai thlriy (3Q} cal~ndar days. Fa,ilure ta fi~e such a~s~eal sfs~il ~shtute a waiver
of any nghts undcr this;chaptsr tc~ eppeal asry inte~tion ~pr detar~nMati+pn by ffie
Planaipg anti Eti~anmenl Coznmwitin br tbe;DCs"gq R.e~ew Bc~~cl:
: - 4,: Effect of fihxc~ ~~ppeal. T`ha nf $ notice::of _appest shal~ sfay ai;~ pezr~t Acbut~
and aay; PTOceeelmgs in ezace vf t~ie actMn. appealed liwess ib:e adFUinist~t~ye
offic~al;ren~g suchde~~aion,:ile~crnii~iauon ~nr: snterpr~atxr~ ~ert~~s i'n wr~httg to t~e
Tovun +Cuunc~l and ~e a. gpl~e2at:that aItay pr~ses; au iaui~intnt perti #c~ lifc vr prc~rtY, m
which c~se t~eiaPPe~l sh. n€~t stny ftzrttier ~nd any pmc~l~~gs '1'lie
Town Cnua~~l shalt r$: iew sach cerhfic~t~ ~nd,gr~t or deay ~stay trf t~te pzocewt3ags.;
SucT~ sletem~ma8ion shalt: be maiie at t~e ~ie~ r~gu1ar13~ seliedt~led;~eet~ng>of ~e ot~
Page 10 of 12
l
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l.tl7fll~.
3; ~ipdings:! The T~iwn C~ci1 sl~~lt notmake eay. det~n~nat~on on;;an appeai ualess
the cciunc~t aecords sgeMfic fiiiiiuzgs nf:~'act ba~ed d~rectly on the particular evideg~ce
p~esc~et~.ta it: . These:;~nd~ngs' c~f fact;a~usi support conalusions #hat ftie standards anii
cdndii~ms u~ipose~ ts3r:the r~quirements.of tl~is;trtle ~aye been ~et:
, C: ~'ee~ ~'h+e T9^~n Cc»t~sc~l shal~ set a reasonai~te f~ frnri;fil~~ng ~n appeal`#a a~kannmg s~it
En~iroa~ental Cc~mr~iissian or L~estgn::Review!:~osrd decmoa ::T~e fee:~ be su~ctei~L ~o
cnvsr<#he ccsst:of ~owct:!staff #inie and o.~~r ~pen
in
ses 9id~tal fu#h~ review af thc app~al TT~iie
vviil ~ae ado~stecl m a f~ schedu~e 1'ize fee.~ be ~d at the tsme tbe agpeal ~s fited:
E: Prc~eedure fnr;;~ppeals scga regulahrans T`he far; auaPpeal df au ad~s~a~ve
pmc~durs
~n~ezpaet~t~oa o£ t~ s~~ zeg~lattons s~ali ~ the same <as thaf of appeais; o~ aa a~mm~strati~re acti+~ as
set fivi-~ m sectioa 18;66 U3fl(B)s
~1ppe~ df'I'owt! ~4Liricat deCisicriis. A.ny SppliCant. af1j3C~st ~I~ape~y'OV,~Ci, t~s` 8uy ~ggc~eved t!z
~du~rsely at~'ecfEd pei:;;un Aggrieved by;a finat clecisiEffic T~i~!n Counai with respeet to ~ ted
agpeaIj W. seek revievW crf sucti deczsion by a eaurt of coanpet~at,~vnsdictiogm:th~n~anner pmvidec~.bry:
tt~e taws af the State Qf Cal~raiip:
G:. Conduet of he,apng ; `t't?e TavVn Cau4cit shatl::tlavie 4he auth4rity u~ set;stand3riiss hY' at~~uus~~'atxv.e
rule, ~at appe~late hearigg procedtttes inoiuding~ but not:lunited #a, tune aiiowance fcu'%epzes~~ahv~
~f ~viikence. the rims stlowance for.oral arguments, aud;et~:.
Section 12.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be
invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town
Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Page 11 of 12
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Section 13.
The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the
health, safety and welfare of the Town of Vail and the inhabitants thereof.
Section 14.
The amendment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any
right which has accrued, any dury imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein:
Section 15.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the
extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution
or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this _
- day of , 1996. A public hearing on this ordinance shall be held at the regular meefing of ihe
Town Council of the Town of Vail, Colorado, on the _ day of , 1996, in the Municipal Building
of the Town.
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED (IN FULL) (BV TITLE ONLY) THIS DAY OF ; 1996. -
- Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
Fi1e:L~everyonebrd\md7.96 '
Page 12 of 12
/v .
MINUTES
VAIL T01iVN COUNCiL iV1EETING
April 16, 1996
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, Aprii 16, 1996, in the Council Chambers of
the Vail Municipal Building. The meeting was called to order at approximatefy 7:30 P.M.
MEMBERS PRESElVT: Robert W. Armour, Mayor
Sybill iVavas, iViayor Pro-Tem
Kevin Foley _
Rob Ford
Niike Jewett
Ludwig 6Curz
MEMBERS ABSENT: Paul Johnston
TOWiV OFFICIALS PRESEiVT: Pameta A. Brandmeyer, Assistant Town Manager Holly L.
McCutcheon, Town Clerk
The fiPSt uteova on the agenda was Citizen Participation. Longtime fVlatterhorn resident, Kirsh Sanders, explained
her side of the story regarding multiple summonses she received for garbage and refuse violations on rental
property she ovvns in the Matterhorn area, and a fine imposed by the Town for collecting and disposing of
rubbage on her property. After eiaborating on the details of the situation, Kirsh requested the Council drop the
charges againGt her, which totafed $1800.00, she said. Kirsh said she was a landlord and provided housing
for locals, 52 bedrooms which rent for under $400 per bedroom and has had some tenants over 10 years.
fViayor Armour thanked her for her input.
iVext under Citizen Participation council member, Niichael Jewett, addressed his fellow Council members again
from behind the podium. He introduced himself as the administrator for Common Sense for the Commons,
thanked attorney Carol Curtis for her work in representing the committee initially anci then announced that
attorney Hugh Warder had been retained to move focward v?rith the lawsuit against the Town. Jeweft said
Warder was a former District Court Judge in Eagle County and also lead the suit against the town when West
Vail de-annexed. Jewett stated that the committee vvas more determined than ever to stop the project. He
stated the committee felt the Town should not put the commercial component into the project and shouldn't be
in the retail leasing'business. Jeweft stated another announcement would be forthcoming within 7-10 days re: "
district court proceedings.
Citizen Participation continued when several individuals addressed the council, asking Mike Jewett to
. reconsider his position or resign from the Council:
Peter Vavra, Vail Cascade Hotel & Club employee, said he was one who had to move down valley because
of the housing problems in Vail. He continued, stating that he couldn't believe that someone sworn to serve on
the Council and who should be committed to the community would put the town in the position of wasting
resources by defending a costly lavvsuit. Vavra requested Jevvett wear one set of shoes or the other, and
stated that such a conflict should not be allowed to happen.
Herman Staufer then approached the Council and suggested that citizens and fellow council members ask
Jewett to step aside. Stauffer said he did not agree that Jewett was representing the community and asked
Jevvett how he could be effective when he was spending taxpayers' money to sue his own town. He then
referenced the $2 million dollar penalty for backing out of the City Market agreement and asked Jewett if he
was willing to burden everyone to serve his own purpose. Stauffer then stated Jeweft was not representing the
citizens the best wray he could and recommend that Jewett reconsider or resign from the Town Council.
Former Mayor Kent Rose addressed the Council next, stating he came to the meeting because of the article
in the Vail Daily that referenced the action. He said it was time for someone to come and speak up. Rose told
Jewett he didn't support him in the election becaiase he yvas a qing!e issue cand~d-atQ w"c "ud a ccrr<i;.t of
interest. Rose continued, saying there were probably 360 others (those having taken out applications for the
Commons) who didn't support Jeweft either. Rose stated the action was not appropriate and asked Jewett to
step down from the Council If he were planning t6continue the efforts against the town.
The fourth speaker, Dalton Williams, a former member of the Planning arid Environmental Commission, spoke
of the importance of housing in Vail and the time consuming process that had gone into the effort over the last
several years. He said he couldn't understand how a small group of people and especially a Town Council
member could put the community at a risk for a self-serving interest. " You took an oath, " Williams said. "Hovv
can you sit in that chair? 1 think vuhat you're doing is wrong. You do not have an issue. The lawyer you have
acquired cost this town miflions of dollars during the de-annexation, only to have it re-annexed back into the
Town of Vail. How can you rationalize spending and wasting that kind of money and how can you live in this
1 Vail Town Council Evening Meeling Minutes April 16, 1996
`t~own?," Williams asked.
On a lighter note, Mary Lau Armour, wished her Mayor husband a happy birthday and presented him with a
cupcake, while those present serenaded him with a"Happy Birthday" song.
8ae¢va ovaambeP two on the agenda was the Consent Agenda which consisted of the following items:
A. Ordinance No. 5, Series of 1996, second reading of an ordinance repealing and reenacting Chapter 15.02;
adopting by reference the 1994 edition of the Uniform Plumbing Code and the 1996 edition of the National
Electric Code; setting forth certain details in regard thereto.
B. Ordinance iVo. 11, Series of 1996, second reading of an ordinance amending Ordinance No. 19,. Series of
1995 as to a portion of Tract B, Vail/Lionshead, Second Filing shovun as Property No. 38 on Exhibit A to
Ordinance fVo. 19, Series of 1995 and Tract B, Vail/Lions head, Third Filing shown as Property No. 44 on
Exhibit A to Ordinance fVo. 19, Series of 1995.
Mayor Armour read the Consent Agenda in full and Ludwig moved to approve item A. on the consent Agenda,
with a second from Rob. A vote was taken and passed unanimously, 6-0.
A motion was then made by Sybill to approve item B. on the Consent Agenda. Rob seconded the motion, a
vote was taken and passed unanimously, 6-0.
Third on the agenda was the Town fVianager's Report. Sybill announced the Vail Valley Exchange had selected
a candidate (whose name would be announced at a iater date) out of three very well qualified applicants to
participate in the St. Moritz exchange program. Pam Brandmeyer requested council approve a$1200.00
expenditure from the council contingency to assist with expenses associated with the exchange. A motion to
approve the expenditure was made by Ludwig and seconded by Kevin. A vote was then taken and passed
unanimously, 6-0.
Additionally, Pam requested the Council authorize a$500.00 each expenditure to help the two recipients of
the Mayor's Cup youth award who v?rould be traveling to Australia over the summer. A motion was made by Rob
to approve the expenditure and seconded by Sybill. A vote was taken and approved unanimously, 6-0. Pam reminded Council that because of the canceled meetings on April 23 & 30, any actions of the Design
Review Board or Planning and Environmental Commission should be called up within 10 days if council
members had questions on any of those items.
There being no further business a motion was made for adjournment and the meeting was adjourned at
approximately 8:15 p.m.
Respectfully submitted,
Robert W. Armour, Mayor
ATTEST:
Holly fVlcCutcheon, Town Clerk
Minutes taken by Holly McCutcheon
('Names of certain individuals who gave public input may be inaccurate.)
2 Vail Town Council Evening Meeting Minutes April 16, 1996
`
MINUTES
VAIL TOWIV COUNCIL MEETING
April 2, 1996
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 2, 1996, in the Council
Chambers of the Vail Municipal Building. The meeting was called to order at approximately 7:30
P.M.
NIEMBERS PRESENT: Robert W. Armour, Mayor
Sybill Navas, Mayor Pro-Tem
Kevin Foley
Mike Jewett
Ludwig Kurz
MEMBERS ABSEiVT: Rob Ford
Paul Johnston
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pamela A. Brandmeyer, Assistant Town Manager
Holly L. McCutcheon, Town Clerk
The fiirst i4em on the agenda was Citizen Participation. Rod Goebel of Colorado Carriage
Company presented his concerns relating to his contract to provide carriage service in the
Town, due to expire May 31, 1996, and the Town's recent Request for Proposal ("RFP")
to provide an exclusive contract to one carriage operator in Vail, as opposed to two which
were currently operating. Mr. Goebel presented his qualifications and informed council
members of his safe record. Mayor Bob Armour reminded IVIr. Goebel his contract stated
that upon termination the Town would proceed with the RFP process. Bob then thanked
Mr. Goebel for his input and recommended he submit an RFP.
iVext under Citizen Participation council member, Michael Jewett, addressed his fellow
Council members from behind the podium, and presented a message from Gommon
Sense for the Commons, Inc., informing Council of their intent to take the Vail Commons
project to court immediately pending further fundraising to cover legal fees. He told council
members to watch for ads in the newspaper, and stated he had recently accepted the duty
of managing the Common Sense for the Commons.
Item number Qvvo on the agenda was the Consent Agenda which consisted of the following items:
A. Approval of the Minutes for the meetings of March 5 and 19, 1996.
B. Ordinance No. 10, Series of 1996, second reading of an ordinance amending
Section 2.24.020, Members-Appointments-Terms of the Planning and
Environmental Commission; Section 2.26.020 Arts Board-Appointment;
Section 2.26.030 Members-Appointments-Terms of Town of Vail Arts Board;
and Section 18.54.020(b) Board Organization.
Mayor Armour read the Consent Agenda in full and Kevin Foley moved to approve item A.
on the consent Agenda, with a second from Ludwig Kurz. A vote was taken and passed
unanimously, 5-0.
A motion was then made by Sybili fVavas to approve item B. on the Consent Agenda.
Kevin seconded the motion, a vote was taken and passed unanimously, 5-0.
Third on the agenda was Proclamation No. 2, Series of 1996, Take Our Daughters to Work
Day. Mayor Armour read the proclamation in full and a motion was made by Ludwig to
approve Proclamation fVo. 2, with a second from Mike Jewett. A vote was taken and
passed unanimously, 5-0. Mayor Armour then stressed the importance of Take Our Daughters to Work Day and encouraged all to do so.
Vail Town Council Evening Meeting Minutes April 2, 1996
~
The fourth item on the agenda was a Presentation of Certificates of Appreciation to the
following individuals for their service on various Town of Vail Boards and Commissions:
Jen Wright, Housing Authority
Jeff Bowen, Planning & Environmental Commission
Dalton Williams, Planning & Environmental Commission
Bob Armour, Planning & Environmental Commission
Hans Woldrich, Design Review Board
Bob Borne, Design Review Board
iVancy Rondeau, Art In Public Places Board
Mayor Armour distributed certificates and personally thanked those in attendance for their
dedication and work. Those not in attendance were Jen Wright, Jeff Bowen and Hans
Woldrich.
The fifth item on the agenda was Ordinance No. 5, Series of 1996, first reading of an
ordinance repealing and reenacting Chapter 15.02; adopting by reference the 1994 edition
of the Unifiorm Plumbing Code and the 1996 edition of the National Electric Code;
setting forth certain amendments to the National Electric Code and setting forth details in
regard thereto. Mayor Armour read the title in full. Dan Stanek presented the item, stating
the plumbing and electric codes should be adopted by reference so that the Town of Vail
would be enforcing the most recent standards of the industry.
Kevin moved to approve Ordinance No. 5, with a second from Sybill. A vote was taken and
passed unanimously, 5-0.
Sixth on the agenda was Ordinance iVo. 11, Series of 1996, first reading of an ordinance
amending Ordinance No. 19, Series of 1995 as to a portion of Tract B, Vail/Lionshead,
Second Filing shown as Property No. 38 on Exhibit A to Ordinance No. 19, Series of 1995
and Tract B, Vail/Lionshead, Third Filing shown as Property No. 44 on Exhibit A to
Ordinance 19, Series of 1995. Mayor Armour read the title in full and Town Attorney, Tom
Moorhead presented the issue, providing the fol{owing background: subsequent to the
passing of Ordinance IVo. 19, Series of 1995, it had been brought to the attention of the
Town of Vail staff that a portion of Tract B, Vail/Lionshead, Second Filing and Tract B,
Vail/Lionshead, Third Filing that was rezoned to Natural Area Preservation District from
Agriculture Open Space was improperly listed in Ordinance IVo. 19 and on the public notice
as being owned by the Town of Vail. In proceeding with the project to replace the
Lionshead Gondola with a new gondola it was discovered that an area where it is
necessary to place a tower to support the gondola had been listed as property owned by
the Town of Vail in the zoning amendment when in fact the public records of the Clerk and
Recorder and a title report of Land Title Guaranty Company show that the property was
owned by the Vail Corporation which is also known as Vail Associates, Inc. Since the
property owner was improperly listed, the notice of public hearing was insufficient to
advise Vail Associates that its right may be affected by the ordinance. Since the Town
must strictly comply with provisions for notice in connection with a zoning ordinance
amendment, that portion of the ordinance which rezoned the property in question was
invalid. The purpose of the proposed ordinance was to correct that invalidity and to
property reflect the zoning designation as Agriculture Open Space which applied to the
property prior to the passage of the zoning amendment.
Sybill moved to approve the ordinance, and the motion was seconded by Ludwig. A vote
was taken and approved unanimously, 5-0.
Item number seven on the agenda was Ordinance No. 9, Series of 1996, second reading
of an Ordinance Amending Title 16 (Sign Code) and Title 18, Chapter 18.54 (Design
Review Guidelines) of the Vail Municipal Code. Bob Armour read the title in full. Town
Planner, Mike Mollica, presented the item and provided the following background: A
Technica{ Advisory Committee was formed to guide staff in the formulation of amendments
to the Sign Code and Design Review Guidelines that will expedite the development review
process for items of minimal complexity. The proposed amendments had been reviewed
2 Vail Town Council Evening Meeting Minutes April 2, 1996
f
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by the DRB and the PEC, and included the recommendations of Staff, the TAC, the DRB
and the PEC. The PEC unanimously (7-0) recommended that the Town. Council approve
Ordinance IVo. 9 at their meeting on March 11, 1996. Staff recommends approval of
Ordinance No. 9, Series of 1996 on second reading.
Sybill moved to approve Ordinance 9, and the motion was seconded by Ludwig. A vote
was then taken and passed unanimously, 5-0.
EigGa$h on the agenda was Ordinance No. 8, Series of 1996, second reading of an
ordinance repealing and reenacting Ordinance No. 7, Series of 1994, to allow for the
construction of a Type III Employee Housing Unit in the Cornice Building; to amend the
development plans for Special Development District No. 32 in accordance with Chapter
18.40 of the Town of Vail Municipal Code; and setting forth details in regard thereto.
Council members acknowledged the applicant's request to table the item for thirty days.
Sybill moved to table the item until the May 7 evening meeting and Kevin seconded the
motion. At that time a vote was taken and passed unanimously, 5-0.
The last item on the agenda was a report from the Town Manager. Bob McLaurin updated
council members on the status of the Dowd Junction Recreation Trail and proposed three
phases for the project. After reviewing the proposed "phase two" which would include
construction of a 14 foot wide platform, Ludwig moved to authorize the Town Manager to
enter into negotiations for a contract to construct the Dowd Junction Recreation Trail
connection without submitting it for bid. The motion was seconded by Kevin and a vote was
taken which passed unanimously, 5-0.
Bob McLaurin then informed Council of the Colorado Department of Transportation
construction of a new chain-up area on I-70 eastbound adjacent to the Vail Golf Course
due to be completed in the fall.
Additionally, Bob McLaurin stated he would not be present at the April 16 council meetings
as he was scheduled to attend a cast meeting with legislators.
Kevin wished Tom Moorhead good luck in his participation in the Boston Marathon on April
15.
There being no further business a motion was made for adjournment and the meeting was
adjourned at approximately 8:25 p.m.
Respectfully submitted,
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
Minutes taken by Holly McCutcheon
('Names of certain individuals who gave public inpul may be inaccurale.)
3
Vail Town Council Evening Meeting Minutes April 2, 1996
tl '
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ORDINA?NCE NO. 8
Seraes of 1996
AN ORDINANCE ftEPEALLVNC AND REENr4CTiNC ORDINANCE NO. 7, SEl26ES OF 1994,
TO AMEND THE DE!lELOPMENT PLANS AND ALLOW FOR FLEXIBILITY 9tV THE
Ol1TDOOR LIGFiT'ING REQl9@REMENT FOR SPECIAL DEVELOPflAENT D9STRICT NO. 32 lN
ACCORDANCE WETFB CHAP1'ER 18.40 OF 1'HE TOWN OF !lA9L nAUfVICIPAL CODE; e4oVD
SETT9NG FORTF9 DETABLS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development
districts within the Town in order to encourage flexibility in the development of land; and
WHEREAS, the developer, David Smith, or the successors in interest, has submitted an
appfication for the Niajor Amendment of Special Development District (SDD) No. 32, for a
certain parcel of property v?rithin the Town, IegaHy described in the attached Exhibit A, and
commonly referred to as the Cornice Building Special Development District No. 32; and
WHEREAS, in accordance vuith Section 18.66.140, the Planning and Environmental
Commission, on February 12, 1996, held a public hearing on the Major Rmendment of an SDD,
and has submitted its recommendation to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have been sent to the
appropriate parties; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD iVo. 32; and
WHEREAS, the IVfajor Amendment to the approved development has been revievued
pursuant to Section 18.40.100 of the Town of Vail Municipal Code.
WHEREAS, the Tovvn Council has held a public hearing as required by Chapter 18.66 of
the Municipal Code of the Town of Vail.
iVOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTIOfV 1
The Town Council finds that all the procedures set forth for Special Develapment
Districts in Chapter 18.40 of the Municipal Code of the Town of Uail have been fully satisfied.
SECTlO1V 2
Special Development District IVo. 32 is established to ensure comprehensive
development and use of an area in a manner #hat will be harmonious with the general character
of the Town, provide adequate open space, empfoyee housing, and other amenities, and
promote the objectives of the Town's Zoning ordinance. The development is regarded as
f:\everyone\ord\ord8.96
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complementary to the Town by the Town Council and the Planning and Environmental
Commission, and there are significant aspects of the special development which cannot be
satisfied through the imposition of standard zoning districts on the area.
SECTION 3
Special Development District No. 32 is established for the development on a parcel of
land comprising 3,659 square feet in the Vail Village of the Town; Special Development District
No. 32 and said 3,659 square feet may be referred to as "SDD No. 32".
. SECTION 4
The Town Council finds that the development plan for SDD. No. 32 meets each of the
standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or
demonstrates that either one or more of them is not applicable, or that a practical solution
consistent with the public interest has been achieved. In accordance with Section 18.40.040,
the development plan for SDD No. 32 is approved. The development plan is comprised of
those plans submitted by David William Haase Associates, and consists of the following
documents:
1. Sheet No. 1, dated February 23, 1994 (site plan). .
2. Sheet No. 2, dated March 9, 1994 (landscape plan).
3. Sheet No. 3, dated February 12, 1996 (west building elevation).
4. Sheet No. 4, dated February 12, 1996 (south building elevation).
5. Sheet No. 5, dated February 12, 1996 (north building elevation).
6. Sheet No. 6, dated March 24, 1994 (east building elevation).
7. Sheet No. 7, dated March 24, 1994 (garage level "1" floor plan).
8. Sheet No. 8, dated January 24, 1994 (bedroom level "2" floor plan).
9. Sheet No. 9, dated January 24, 1994 (great room fevel "3" floor plan).
10. Other general submittal documents that define the development standards of the
Special Development District.
SECTION 5
In addition to the Approved Development Plan described in Section 4 above, the
following development standards have been submitted to the Planning and Environmental
Commission for its consideration and recommendation and are hereby approved by the Town
Council; these standards are incorporated in the Approved Development Plan to protect the
integrity of the development of SDD No. 32; the following are the development standards for
f:\everyone\ord\ord8.96 2
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SDD No. 32;
A. Lot Area - The lot area shall consist of approximately 3,659 square feet.
B. Setbacks - The required setbacks shall be as indicated on the Approved
Development Plans.
C. Height - The maximum height of the Cornice Building shall not exceed 33 feet
and shall be as dimensioned on the Approved Development Plans.
D. Density Control - The maximum GRFA for the Cornice Building shall not exceed
2,000 square feet. This figure is the maximum GRFA that wiff be ailowed on the lot. An
additional 250 square feet of GRFA, per Chapter 18.71 of the Vai1 Municipal Code, shafl not be
allowed on this site, novv or in the future. A 600 square foot credit for a two-car garage shall be
allowed in addition to the 2,000 square feet of GRFA allowed on the site. The approved density
for the Cornice Building shall be one dwelling unit.
E. Site Coverage - The maximum site coverage for this Special Development
District shall not exceed 1,397 square feet, or 38% of the lot area, and shall be as indicated on
the Approved Development Plans..
F. Landscaping - All landscaping shall be in accordance with the Approved
Development Plans.
G. Lighting - Ail outdoor lighting shall be in accordance with the approved
Development Plan.
SECTIOIV 6
The developer, jointly and severally, agrees with the following requirement, which are a
part of the Town's approval of the Major Amendment of SDD No. 32:
1. All approvals for outdoor lighting previous to the Nia}or Amendment are null and
void (i.e., entrance gate).
SECTION 7
Amendments to the approved development plan shall be reviewed pursuant to Section
18.40.100 of the Vail Municipal Code.
SECTION 8
The developer must begin construction of the Special Development District within three
(3) years from the time of its final approval, and continue diligently toward completion of the
f:\everyone\ord\ord8.96 3
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project. The developer must meet the requirements of Section 18.40.120 of the Municipal Code
of the Town of Vail.
SECTION 9
If any part, section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
, any one or more parts, sections, subsections, sentences, clauses, or phrases be declared
invalid.
SECTION 10
The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants
thereof.
SECTION 11
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or
any ordinance previously repealed or superseded unless stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of March, 1996, and a public
hearing on this Ordinance on the 7th day of May, 1996, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Robert W. Armour, Mayor
Attest:
Holly L. McCutcheon, Town Clerk f:\everyone\ord\ord8.96 4
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READ AiVD APPROVED ORI SECOND READING AND ORDERED PUBLISHED
in full this 7th day of Nlay, 1996.
Robert W. Armour, IVlayor
Attest:
HoHy L. McCutcheon, Touvn Clerk
P
f:\everyone\ord\ord8.96 5
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EXHIBIT A
Cornice Building, 362 Vail Valley Drive and more specifically described as follows:
A part of tract "B" and a part of Mill creek Road, Vail Village, First Filing, County of Eagle, state
of Colorado, more particularly described as follows:
Commencing at the Northeast corner af Vail Village, First Filing; thence North 79°46'00" West
along the Southerly line of U.S. Highway No. 6 a distance of 367.06 feet to the Northeast corner
of said Tract "B"; thence South 10°14'00" West along the Easterly line of said Tract "B"; a
distance of 198.31 feet to the Southeasterly corner of said Tract "B"; thence North 79°46'00"
West along the. Southerly~ line of said Tract "B" a distance of 100.00 feet to the true point of
beginning thence north 09010'17" West a distance of 41.67 feet; thence South 88°27'11" West
a distance of 75.21 feet; thence South 27°13'37" East of distance of 77.37 feet; thence North
57°24'00" East a distance of 55.11 feet, more or less to the true point of beginning.
f:\everyone\ord\ord6.96 6
MElYH~ IM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 12, 1996 _
SLJBJECT: A request for a Major Amendment to SDI3 IVo. 32 to allow for 4he construction of an Employee Housing unit locafed at The Cornice Building,
362 Vail Valley DriveJPart of Tract B, Vail Village 1 st Filing.
Applicant: David Smith, represented by Tom Braun
. Planner: George Ruther
ff. BAEC][CGROI[TNI[D
The establishment of Special Development District (3I)I)) #32, the Cornice Buildi.ng, was
approved by the Vail Town Council on Apri15, 1994, ( Ordinance #7, Series of 1994). This
approval set development standards and requirements for the redevelopment of the Cornice
Building located at 362 Vail Valley I?rive. The expressed pwrpose for the creation of the Cornice
Building SDD was to allow for grea.ter flexibility in the redevelopment of the property and that
certain public benefits would be realized through the creation of the SDD.
. As pa.rt of the original SDD approval, the developer agreed to provide three, permanenfly
restricted employee housing units. The units are to be located within the Town of Vaul limits,
close to a Town of Vail bus route and are to be rented at reasonable market rates. Additionally,
the units are to always comply with the Town of Vail housing ordinance requirements, as may be
amended from time to time. Each of the thrEC employee units are to be deed-restricted and
available for occupancy prior to a Temporary Certificate of Occupancy being issued for the
Cornice Building.
On May 26, 1994, the Towm issued a building permit for the demolition of the original Cornice
Building and its subsequent t econstruction. Construction on the Comice Building is nearly
. cornplete, with,only a few minor improvements in need of completion. To date, two of the three
required employee units have been completed and permanently restricted in accorda.nce with the
original SDD approval. These include a new employee unit constructed within an existing duplex
in the Pitkin Creek Meadows area of East Vail, and a new employee unit located within a new
duplex in the Golfcourse neighborhood. The third employee unit was originally planned to be
located at the Vail Racquet Club. The applicant's plans to deed-restrict that unit did not work
out, and the applicant is proposing to construct the last of the three required units in the Comice
Building.
F:\EVERYONE\PEG1MEA10S\COltNICE.F12 1
II. DESCRIPTION OF THE RE(?UESTS
The applicant is proposing a Major Amendment to Special Development District #32, in
accorda.nce with Section 18.40.100, Amendment Procedures, of the Vail Municipal Code. A
Major Amendment is being proposed to allow for the construction of a Type III, Employee
Housing Unit within the Comice Building, and to allow for greater flexibility in the outdoor
lighting requirements than is currently allowed by the Outdoor Lighting Ordinance.
Enlovee Housing Unit
Included within the ground level of the newly constructed Cornice Building is a crawl space of
approximately 259 square feet in size. The applicant is proposing to construct the new employee
unit within the crawl space area, as well as extend a portion of the building out underneath an
existing second-floor cantilever. When completed, the total square footage of the employee unit
will be approximately 387 square feet. The only changes to the exterior of the building will be the
in-fill of the area beneath the second-floor cantilever, the addition of three new windows on the
east elevation of the building and the installation of an entrance door with sidelights on the south
elevation. The applicant is proposing to match the exterior changes with the existing architecture
and building materials.
Once completed, the employee unit will be permanently deed-restricted in accordance with the
requirements of the original SDD approval and is intended to satisfiy the requirement as the third
employee unit. ,
The original approval of Special Development District #32 restricted density to one dwelling unit,
and limited the Total Allowable Gross Residential Floor Area on the property to 2,000 square
feet. With this application, the applicant is proposing to deviate from the original SDD approval. The applicant is proposing to increase the number of dwelling units on the property to 1.5,.and
increase the Total Allowable Gross Residential Floor Area to 2,387 square feet.
The applicant is also proposing to deviate from the on-site parking requirement established by the
underlying zoning of High-Density Multi-Family (HDMF). According to the HDMF zone district,
75% of the required on-site parldng must be enclosed within the main building. With this
proposal, the applicant is proposing to enclose 66% of the on-site parking within the main
building.
Outdoor Ligliting The applicant is also proposing to amend Special Development District #32 to allow for greater
flexibility in the outdoor lighting regulations for the property. On May 18, 1993, the Vail Town
Council approved Ordinance No. 9, Series of 1993, setting forth standards for regulating outdoor
lighting in the Town of Vail. According to the approved Outdoor Lighting Ordinance, in part,
one (1) outdoor light source is allowed per one-thousa.nd square feet of total lot area. In the
opinion of the applicant, it is not practical to be required to adhere to this requirement because of
F:\EvraP-YOrrErECtAEMos\coxNIcE.Fi2 2
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the unusually small lot size of the Cornice Building property. As shown below, the total square
footage of the Cornice Building property is 3,659 sq. ft. Based upon 3,659 sq. ft., the building is
allowed only four outdoor lights. According to the applicant, four outdoor lights are not enough
to adequately light the exterior of the building. The applicant would request that he be permitted
to install a total of twelve outdoor lights on the property. This would allow the property to be
adequately lit for safety and aesthetic purposes without resulting in the undesirable side effects of
too much outdoor lighting. The applicant is proposing to install twelve outdoor lights; seven of
which are recessed niche lights in the stairway and balcony walls, two are fially cut-off recessed
can lights installed in the soffit and three are surfaced mounted light fixtures. All of the proposed
. light fixtures comply with the 3ource Lumens limitations of the Outdoor Lighting Ordinance. An ,
approval of this outdoor lighting request will void any previous approvals granted for lighting on
the property.
II[IIe ZOMING ANALYSIS
Address: 362 Vail Valley Drive
Zoning: Special Development District #32 # Lot Size: 3,659 square feed0.084 acres
ALILOWEIID P180POSED
Setbacks: as indicated on the Front: 13' no change
approved development Sides: 2711' .
plan Rear: 2.5'
Height: 33 feet 33 feet - no change
]Dcaesnty: One (Il) sagngfle-ffamfly One (1) sing?e-family 1e5 alwelling units***
dweBflng un¢unt dvvelling anni4 .
GRFA: 2,000 §q. ft. 2,000 sq. fte 2,387 sqo ft.
Site
Coverage: 38% or 1,397 sq. ft. 38% or 1,397 sq. ft. no change
Landscaping: 40% or 1,464 sq. ft. 40% or 1,464 sq. ft. no change
F:EVDtY0NE1PECMIIrf03\CORNICEFI2 3
Outdoor
Lighting: One (ll) outdoor light fourteen outdoor twelve outdoor light
source per one-thousand light sources sources as indicated
square feet of lot area on the amended
development
plan.
Parking: Two (2) interior spaces Two (2) interior spaces Two (2) interior
spaces + one (1)
ezterior space
* The underlying zoning for Special Development District #32 is I-l'igh Densiiy Multi-Family (EDMF).
According to the approved SDD, the maYi*r+tmm GRFA for the Comice Building sball not exceed 2,000 square feet. This
figure is the rnay;mum GRFA that will be allowed on the lot. An additiona1250 squate feet of GRFA, per Chapter 18.71 of
the Vail Municipal Code, shall not be allowed on ttris site, now or in the future. A 600 square foot credit for a two-car
garage shall be allowed in addition to the 2,000 square feet of GRFA allowed on the site. The approved densiry for the
Comice Building shall be one (1) single-family dwelling unit.
According to Section 18.57.060(B)(3), Type-ID Employee Housing Units, of the Vail Municipal Code, a Type III Employee
Aousing Unit shall be counted as 0.5 dwelling imits for the putpose of calculating density.
IV. SDD REVIEW CRITERIA
In reviewing the applicant's proposed Major Amendment to Special Development District #32,
the staff relied on several relevant planning documents to formulate a recommendation. The
Town of Vail Municipal Code and the Vail Village Master Plan were used to analize this
proposal.
Town of Vailldlunicipal Code
According to Section 18,40.020(C) of the Vail Municipal Code, a Major Amendment to an SDD
is defined as: -"any proposal to change usPS; increase gr4ss residential floor area; change the number of
dwelling or accomodation units; modify, enlarge, or expand any approved Special
Development District other than a minor amendment."
Staff has determined that, since the applicant is proposing to increase the total amount of GRFA .
on the property from 2,000 square feet to 2,387 square feet, and increase the number of dwelling
units within the building from one single-family to a single-faznily and a Type III employee
housing unit, this request is a Major SDD Amendment.
Section 18.40.080 of the Vail Municipal Code, Special Development District Design Criteria,
establishes nine criteria to be utilized by the Planning and Environmental Commission when
F:\EVERYONE\PEC1MEB40S1COItNICE.F12 4
evaluating the merits of Special Development District proposals and/or amendments. The
following is an evaluation of the nine design criteria by staff: A. DeSIIgQ6 cmmpa$IlbElEty and SenSBt9v&ty $0 tIle iflfl1dIA8dlate e1&V9A'0[IQIeII$y 91e1gI1bOfl'I100~
and adyacent p¢°operdes relatnve architecteara? design, scale, bulk, building heiglag,
banffer zones, identnty, character, desua? fntegrity anci oa-ientationo
This design criteria is relevant to the applicant's proposed amendment to construct a Type
III employee housing unit in the existing building and to increase the total number of
outdoor lights on the property than would othervvise be permitted. The construction of -
the employee unit will have minimal, if any, negative effects on the above-listed criteria.
The new unit will be constructed withi.n the existing footprint of the building. Therefore,
the additional bulk and mass being added evill not be readily noticable. The portion of the
. employee unit constructed under the second-floor cantilever is designed to match the
existing architecture and fenestration of the building. The new front entry to the employee
unit will be slightly recessed to provide articulation and shadow/shade and to avoid the
creation of a large flat wall. All construction associated with the new employee unit will
be built with materials to match those existing on the building. The new construction will
be most visible from the streamwalk along the south side of the property.
Regarding the proposed exterior parking space, the applicant has proposed to increase the
amount of landscaping immediately adjacent to the parking space in order to mitigate any
visual impact associated with a vehicle parked in the space. The applicant is proposing to
relocate three elcisting Red-Twig Dogwoods and replace them with three Mugho pines.
The Red-Twig I)ogwoods will be replanted to the north of the parking space. The
, property owner will continue to be responsible for the maintenance and upkeep of the
landscaping on the property as required by the original SDD approval.
In the staff's opinion, the additional outdoor lighting being proposed by the applicant will
, not adversely affect adjacent properties, nor the community in general. The request of the
applicant to be permitted to install twelve outdoor lights on the property, rather than four
as regula~ed by the Qutdoor Lighting Ordinance, does not create a conflict with the iatent of the ordinance.
B. Uses, zcdvityy, aQRd deQHsIty wlfllch prOVIdE a COmpStiUIeq efficient and worlcab?e
re?atnons~~ ~~th suairroaandimg uses aaed activatyo
VVith regard to CyItFA and density, the applicant is requesting an additiona1387 square feet
of C'rRFA, and an increase in density of 0.5 dwelling units more than was originally
approved by the Town Council. The staff believes the proposed increases will be
compatible with surrounding uses and activities. Properties in the immediate vicinty are
zoned for higher density and more intensive use. Prior to the original Cornice Building
being demolished, one dwelling unit and three, studio-size apartments existed on the
F:\EVERYONEIPECIIvIEMOS\CORNICEF12 5
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property, and at one time in the past, eight, studiasize apartments were on the property.
Additionally, an employee unit in this location will be attractive to persons working in the
Village, as well as to persons working elsewhere in Town, due to the convenient access to
the Town's bus system.
As stated earlier, the staff is comfortable with the request for additional outdoor lighting.
The applicant is not requesting an exorbinant amount of lighting which may otherwise
• adversely impact adjacent properties or result in undesirable side effects.
C. Compliance witln parking and load.ing requirements as outlined in Chapter 18.52.
, An increase in GRFA and density will result in an increase in the parking requirement -
associated with the property. Ctiurently, the approved SDD allows for 2,000 square feet
4 of GRFA on the properiy. According to Chapter 18.52 of the Vail Municipal Code, the
parking requirement is two spaces. The elcisting garage currently provides two enclosed
parldng spaces and the driveway design will accomodate a third exterior space on the west
side of the building. According to the property's underlying zoning of HDMF, 75% of the
' required parking shall be enclosed within the main building. With this proposal, 66% of
the required parking will be enclosed. After exploring other altematives, staff is
comfortable allowing one exterior parking space on the property in the area identified on
the site plan. Modifying the existing garage to accommoda.te a third enclosed parking
space will cause significant structural constraints. The building is designed with a
structural beam running north-south through the garage to a supporting column
constructed where the new garage door would need to be placed. The only way to provide a third enclosed parking space would be to completely reconstruct the gararge.
Allowing the applicant to pay-in-lieu of providing a parki.ng space on-site does not
resolve the parking need generated by the employee unit. While it may be possible to
restrict any employee parking on the site, it creates an enforcement problem. In the staffl s
opinion, we would be creating a regulation that is difficult to enforce since it is likely the tenant will have a vehicle and need to park it somewhere and it does not address guest PaTking•
This design criteria is not applicable with regard to the proposed outdoor lighting, and
therefore, need not be addressed.
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Towm
" policies and Urban Design Plans. . Yail Village Master PIlan ,
Goals for Vail Village are addressed in the Vail Village Master Plan. Staffhas identified
the following goals, objectives and policies as being relevant to this Major SDD
Amendment request:
F:\EVIItYONElPEG11vfET90S\COItNICE.F12 6
.a
Goa? #4 Errncoa~~~~e higla quA9ity a°edeve?opment w9aile preservi¢ag the ueeique
au°chn~~ctura? scsle off the Village in- order to sustain its serese off
~ommunit~ and ndenQitye
1.2 Objective: Encourage the upgrading and redevelopment of residential
and commercial facilities.
Goa? #2 To ffosgeu' a strong gourist industry and promote year-round economic
6nea9t9n s?and viability for the Vil?age and for ghe commueaity as a wholee
2.6 Objective: Encourage the development of affordable housing wnits
. through the efforts of the private sector.
2.6.1 Policy: Employee housing units may be required as part of
any new or redevelopment project requesting density
over that allowed by existing zoning.
2.6.2 Policy: Employee housing shall be developed with
_ appropriate restrictions so as to insure their
availibility and affordability to the local work force.
. The.staff continues to believe that the overall redevelopment of the Cornice Building
° meets many of the goals, policies and objectives of the Town's adopted li/Iaster Plans.
E. ~~~ntif catnon and migggati~~ of ~atura? andlor geologic hazards that affect.the
_ proper¢y on whnch the Speclal DevE'opment Dfstrflct is propoesd<
There are no natural and/or geologic hazard:, nor is the property effected by Yhe Gore
Creek 100-year floodplain.
F. Sag~ ~~an, bui?slnng desflgn and ?ocat~on antl open spaee provisions designed to
produce a ffunctional developLient responsive and sensitive to natural feataares,
eregetateon and oveira?9 aesthetic quality of the communety.
The site plan and building design of the existing building will be altered minimally with this
proposal. Staff does not believe that 4he changes proposed are significant enough to effect
• this criteria.
G. A cnrce~~atioau ~~~~m desngned ffor both vehicles and pedestrians addressing on and
offf site tu-affic enrcanDaidoaue
Attached for reference is a.n on-site parking and circulation plan. The plan indicates the
location of the exterior parking space for the employee unit and the turning movements
required to get vehicles out of the garage spaces without needing to back out on to Vail
Valley Drive. This plan has been reviewed and approved by Greg Hall, the Town
F:\EVERYONEIPEG1MEM0S\COItNICEFI2 7
. f.
Engi.neer.
It does not appear that the addition of an employee unit on the properiy will have any
negative impacts on the traffic flow on Vail Valley Drive. The driveway was originally
constructed far enough from the neazby intersection to insure adequate sight lines for
vehicles leavi.ng the property.
H. Functiona? and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
Given the scope of this proposal, staff believes there will be minimal, if any, impacts on the
above-referenced criteria. The applicant has agreed to mitigate any visual impacts of the
proposed exterior parking space by increasing the amount of landscaping along the west
side of the property. As with the original approval, 40% of the site will continue to be
maintained as landscaping. I. Phasing plan or subdivision plan that will maintain a workable, functional and
effficient relationship throughout the development of the Special Development
District.
The above-referenced criteria is not applicable to this application.
V. 3TAFF RECONIlVIENDATION
Staffrecommends aooroval of the proposed Major Amendment to Special Development District
#32, the Cornice Building. We find that the applicant's proposal to construct a Type III employee
housing unit and increase density to 1.5 dwelling units in the Cornice Building, increase the Total
Allowable Gross Residential Floor Area on the property to 2,387 square feet from 2,000 square ~feet, provide 66% of the on-site parking enclosed in the main building rather than the 75%
required by the underlying zoning, and be permitted to install twelve outdoor lights on the
property, aze all in compliance with the Town of Vail Municipal Code in general, and specifically,
meets the goals and objectives of the Special Development District as described in this
memorandum.
F:\EVERYONEIPECQvIIINOS\CORNICEFI2 8
;
a BRAUN ASSOCIATES. NC:
PLANNING anc COMMUNITY DEVELOPMENT
Febnaary 8. 1996
C'searer; RuYher
76rwn. of Vail
74 ~C?Lltpl FY'oYIYSgY RCl:td
Vail. Colorado R657
. RE: Comice Building
IJ--dr GGeorge:
Enclosed you will find a rcviscd set og plans for the C;ornic:e Building SVll amendMenL '1'be
_ foilowing chango, }aaYe tccn madc:
1) S Ii9ns, 11aYC h6:CJ1 1aYc1Cd "I99G SDD Armntimont Additiorc o#` EIIIJ,,
2) Natas have been added indacating ebrex; red-twig dogwoods to be replaced by thrce mugo
(dogwoods ca be rclccatE;d Un sitc).
. 3) Exttrsor iighting i.4 indicated oa bufllding elevations, and
4) 'I~lc: SOU[h eIevBttfl(1 b3s teen II1Udlf1€d tU itflt:t:t the fuIIC-6tration inQic:alcxl Un lhc niaua ICVr.I
floor plan. :
1 have discumed the lighting issue with Jim and we have made the follawing changes:
1) One of the srnall dr.corative lamps rnounted Ua the columa at Yhe main encry to the building
wii] tx; eemoved.
2) A small wall mnunted famp Iocatrxi at the man-dcx>r to the garage will be removed.
3) All otYs:r Iighus, to re:mBin, ehESC lights incitsde:
0 Four rr;c:essui safety lightc located on the main exterior stairway,
0 T'hreu re:c:c&scd saiecy lizhYs Iocated on the secand level baleony.
~ T'wo wall-mountc:d dworative Iamps locaY.ed on the wesi eit:v~vation. .
~ Two rect-ssed "cans" located in the soffit above the garage, and
~ nnr 6m:+11 dFr.orative larnp mnuntexi nn the cnlumn at the main enery to tite building.
The buiiding will have a tvial of twelvc cxtc;rior 1'sghts, however it is amgartaat ;o na4e Yha4
xcvcn of the.ce lights are reces~~ safe.ty tights qhat atr. vartually iirrnnticeahle frnm crfF the
sitc;. 7hepc will now he anly five: sucfac.e mouttted light :ixtures, Bwo of whieh are eecessed
Ihope this infarmation is ac:ceptable to you and the rest ot' tbe staff. °Thanks for the opportunity co
rcwlvc 4his issuc via t'Ac SDD praccs.g. ric;asc do not hesitatc to caII with. anq qucstions.
Sitic:ccely,
TWma.ti A. Braum. AfCP .
Minturn Irornvorks 9uilding Pitosie - 97p.SZ7,579'?
201 Main 5treet 2nd rlaor Fr.n, - 970.8Z7,5507
Pos4 Oifice Box 776
Mircturn, Colararlo 81645
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' C2ESOLUTION NO. 6 :
SERIES OF 1996
A RESOLUe`9ON ADOPTVN(9 TFIL'N 1996 REGION XI91n/ATEF2 QtDALITY
MANa4rEMENT P~N
WHEREAS, protecting the quality of water resources in Vail is important to protect the
health, safety, and welfare of the community; and
W6iEffdEAS, Section 208 of the Federal Clean Water Act requires plans for coordinated
regional approaches to water quality management vvhich must periodically be revised and updated;
and WHEREAS, the Northwest Colorado Council of Governments (NWCCUG), of which the
Town of Vail is a member, has been designated by the Governor as the area wide waste treatment
management planning auffiority under Section 208 of the Ctean Water Act; and
lNHEREAS, the 208 Water Quality Management Plan compliments the recommended
actions in the Vail Non Point Source Plan and the Eagle River Watershed Plan; and
WHEREAS, The Tov?rn of Vail wishes to adopt the 1996 208 Plan as revised and submitted
as a. planning guide in order to promote and encourage reasonable and prudent efforts at
protecting and improving water quality. ,
NOW, THEREFORE, BE IT RESOl.!!ED BY THE TOWN COUNCIL OF THE 1'OWfV OF
VAYL, COLORADO THAT:
The Town Council hereby adopts the attached 1996 Region XII Water Quality Management
Plan as a planning guide to promote and encourage reasonable and prudent efforts at protecting
and improving water quality in the Gore Creek Basin.
IfVTRODUCED, READ, APPROVED AIVD ADOPTED this day of , 1996.
Robert W. Armour, Mayor
ATTEST: Holly L- McCutcheon, Tovun Clerk
C:\RESOLU96.6
Resolution No. 6, Series of 1996
• 1996
1~~~~ON XUI WATER QUe4LIT'Y nAANAGEIVIEIVT PL4t~
. 02/29/96 DfdAFT
VOLUME U - POLICY PLe4N
Page
'fable of Con4en4s !!I - 1
List of 'fables and Figures VI - 6
Introduc4ion yi_ g
How To Use This Pian !!I -11
Bacbcground ~ yI _12
Policy Summary !!I -15
POLICY 1e WATER QUALUTY VI -18
1.1 Policy Statement VI -18
1.2 Policy Objectives yi _1 g
1.3 Policy Justification VI -18
1.4 Implementa4ion Ftecommenda4ions VI -19
1.4.1 Mee4 Exis4ing Water Quali4y S4andards VI -19
1.4.2 Recommend Ftevisions 4o Water Quality Standards, VI -19
,k. Classifica4ions, and Designa4ions 1.4.2.1 Special Water Quality Sfiandards VI -19
1.4.2.2 New Outs4anding VVaters Designations !!I -19
1.4.2.3 Changes to Use-Protected Designations VI -20
1.4.2.4 Changes 4o Temporary iViodifications VI -20
1.4.2.5 Designated Uses Recommendation VI -21
1.4.2.6 Designated Use Impairment Recommendations VI -21
1.4.2.6.1 Water Quality Limited - Allocated Segments VI -21
1.4.2.6.2 Water Quality Limified - Po4entially Threatened VI -22
1.4.2.6.3 Water Quality Limited - Partially Supported VI -23
- 1.4.2.6.4 Water Quality Limited - Not Suppor4ing - VI -24
1.4.3 Implement Local Governmeri4al Land Use Controls . VI -24
1.4.4 Implemen4 Water Quality Improvement Projects VI -24
1.4.4.1 Inacfiive iViine W.Q. Improvement Projects VI -25
POLBCY 2. WATER 1~~E AftRD DEVELOPMEftlT VI -26
2.1 Policy Stafement VI _26
2.2 Policy Objectives yi _26
2.3 Policy Jusfifica4ion yI _26
2.4 Implemenfiation Recommendations Vi _27
V I-1
Page
POLICY 3. LAND USE AND DISTIJRBANCE VI- 29
3.1 Policy Statement VI- 29
3.2 Policy Objectives VI- 29
3.3 Policy Justification VI- 30
3.4 Implementation Recommendations VI- 31
POLICY 4. DOMESTIC, MUNICIPAL AND INDUSTRIAL WASTES VI- 35
4.1 Policy Statement VI- 35
4.2 Policy Objectives VI- 35
4.3 Policy Justification VI- 36
4.4 Implementation Recommendations VI- 36
POLICY 5. CHEMICAL MANAGEMENT VI- 38
5.1 Policy Statement VI- 38
5.2 Policy Objectives . VI- 38
5.3 Policy Justification VI- 38
5.4 Implementation Recommendations VI- 38
POLICY 6. MANAGEMENT SVSTEM VI- 41
6.1 Policy Statement VI- 41
6.2 Policy Objectives VI- 41
6.3 Policy Justification VI- 41
6.3.1 Background VI- 41
6.3.2 The Designatian Process VI- 41
6.4 Implementation Recommendations VI- 42
V I-2
1996 REGION XUI WATER QUd4L1TY nAA1VAGEAAENT PLe4N
02/29/96 DRAFT
VOLUME 6I - WATER QUAL~TY PR~GRAM DEVELOP'IVIEIVT
Execufiive Summary
1,0 INTRODUC4ION
9.1 'T'he Colorado River Basin
1.2 The Yampa River Basin
1.3 The Norfh Platte River Basin
2.0 REG9ONAL WA`~~~ ~UAL9TY ASSESSMENT Sl1NlnAARY
3.0 CLASS9FICAT9ONS AhlD STANDARDS
3.1 4venriewr Of Colorado's Classifica4ions And Standards System
3.2 Existing Water Quality Standards
3.2.1 Table Value Water Quality Standards
3.2.2 Outstanding 1Naters in the Region
3.2.3 Use-Pro4ecfied 1lVaters in the Ftegion
. 4.0 REGBONAL 4f~~~~~ QUALBTY ISSUES
4.1 F'oint Source impacts
4.9.1 Municipal Dischargers
4.1.2 Industrial Dischargers
4.1.3 Construcfiion Activities
4.2 Nonpoint Source Impacts
4.2.1 Land Use and Disturbance
4.2.1.1 Inacfiive Mines
4.2.1.2 Development
- - - 4.2.1.2.1 Sformwater -
4.2.1.2.2 Septic Systems
4.2.1.2.3 Wetland and Riparian Losses
4.2.1.3 Agriculture & Silviculture
4.2.1.4 Recreafiion Impac4s.
4.2.2 Water Use and Development
4.2.2.1 Hydrologic Modifications
4.2.2.1.1 Transbasin Diversion
4.2.2.1.2 In-Basin Diversions
4.2.2.2 In-Basin Changes in Water Usage
V I-3
4.2.2.2.1 Municipal
4.2.2.2.2 Industrial
4.3 Colorado River Basin Salinity
4.4 Groundwater Issues
5.0 MANAGEMENT SYSTEMS
5.1 Clean Water Act
5.2 Colorado Water Quality Control Commission
5.3 Point Sources
5.3.1 Industrial Dischargers
5.3.2 Wasteload Allocations
5.4 Nonpoint Sources
5.5 Colorado River Basin Salinity Control Forum
5.6 Colorado River Headwaters Forum
5.7 Regional Management Agencies
6.0 ENVIRONMENTAL, SOCIAL, AND ECONOMIC IMPACTS OF THIS PLAN
6.1 Environmentallmpacts
6.1.1 Overview
6.1.2 Previously Implemented Plan Recommendations
6.1.3 Future Plan Recommendations
6.2 Social and Economic Impacts 6.2.1 Overview
„ 6.2.2 Previously Implemented Plan Recommendations
6.2.3 Future Plan Recommendations
7.0 PLAN IMPLEMENTATION
8.0 WATERSHED WATER QUALITY MAYVAGEMENT PLANS
Blue River Water Quality Management Plan
Eagle River Water Quality Management Plan
North Platte River Water Quality Management Plan -
Roaring Fork Water Quality Management Plan
Upper Colorado River Water Quality Management Plan
Upper Yampa River Water Q;jality_ Management Plan
V I-4
1996
REGION X9U WA~ER QUALlTY MANAGEIUIEIVT PLAN
APPENDICES
Appendix 1. Glossary
Appendix 2. Tovvns and Counties within Region XII, and Population Projections
Appendix 3. Vllastewater Treatment Plants wi4hin Region XII, including:
capacity, 4ype of trea4ment, sludge disposal method; rates; age;
condition
Appendix 4. Vllater providers within Region XII, including: gallons per year;
population served; ra4es, etc.
Appendix 5. Select water quality data from Region XII, with references for
expanded water quality data.
Appendix 6. Stream standards and classifications for water within Region XII.
P?ppendix 7. Impaired Uses S4ream Segments vvithin Region XII (304(I) list).
_ Appendix 8. CDPS permit holder list for Ftegion XII (including stormwater
" permits)
Appendix 9. Designated Management Agencies Agreements
Appendix 10. Sample Local Governmen4 V1later Quality Regulations
Appendix 11. Example Best Management Practices
Appendix 12. NiAPS, ii/iAPS, iViAPS
Index
V I-5
LIST OF FIGURES AND TABLES
VOLUME I Page
Figure 1 Northwest CoYorado Council of Govemments Regional VI - 10
and Watershed Boundaries
Figure 2 NWCCOG Regional Water Quality Management Plan VI - 11 Table 1 Water Quality Planning Elements VI - 14
Table 2 Recommended Management Agency Structure VI - 16
Table 3 Recommended Management Agency Structure VI - 42
VOLUME II
Figure 3 Upper Colorado River Basin Map VII - 8
Figure 4 Yampa River 13asin.Map VII -10
Figure 5 Upper North P'latte Watershed Map VII -11
Table 4 Water Quality Planning Elements VII - 5
BLUE RIVER WATER QUALITY N1AfVAGEMENT PLAN
Figure 6 Blue River Watershed Map B- 4
Table 5 Blue River Watershed Instream Flows B- 20
Table 6 Blue River pomestic Wastewater Treatment Facilities B- 23
Table 7 Summit County Population Statistics B- 26
Table 8 Blue River Watershed Transbasin Diversions B- 31
Table 9 Bluer River Water Quality Standards and Classifications B- 43
Table 10 Blue River Watershed Designated Use,lmpairment B- 47
Table 11 Blue River 303(d) List B- 48
V I-6
LIST OF FIGURES /4ND TABLES
(continued)
Page
EAGLE RIVER !lVATER QUALITY MANAGEAAENT F'LAN
Figure 7 Eagle River V!/afiershed Map E- 4
Table 12 Eagle Mine Investigafiion E- 8
Table 13 Eagle River Watershed lnstream Flowrs E-17
"fable 14 Eagle River pomestic Wastewater Treatment Facilities E- 22
Tabfe 15 Eagle County Population Statistics E- 24
'fable 16 Eagle River VVater Quality Classifica4ions E- 35
Table 17 Eagle River 1lVatershed Designated Use Impairment E- 37
Table 18 Eagle River VVatershed 303(d) List E - 39
NORTH P'LA'TT'E R!!lIER V1lATEFt QUALITY NiR?NAGEMENT PLAN
Figure 8 Nor4h Platfie River Watershed Map N1'- 4
T'abfe 19 NorYh Platte River Watershed Instream Flows NP-10
Tab{e 20 Jackson County Population Statistics NP-12
Table 21 Norfh Platte River Stream Classifications NP-18
R0,4RING FORK 1/VATERSHED NIANAGENiENT PLAN
Figure 9 Roaring Fork River 1/Vatershed iVlap RF- 4
'fable 22 Selected VVater Quality Parameters, Mainstem Brush RF-10
Creek 1n/atershed
Table 23 Roaring Fork River VVatershed Instream Flows RF-16
Table 24 Roaring Fork fViunicipal & Domestic V1/asfiewater RF-20
Trea4ment Plan4s
- Table 25- Roaring Fork River Vl/atershed Permanent F'opulation RF-26
Table 26 Roaring Fork River 1/Vatershed Transbasin Diversions RF-30
- 1993
Table 27 Roaring For6c River Stream Classifications . RF-39
Table 28 Roaring Fork River Designated Use Impairment RF-42
Table 29 Roaring Fork River 303(d) List F2F-43
I-7
LIST OF FIGl9RES AND TABLES
(continued)
Page
UPPER COLORADO RIVER WAT'ER QUALITY MANAGEMEiVT PLAN
Figure 10 Upper Colorado River Watershed Map C- 4
Table 30 Upper Cotorado 'Drainages & Average Annual Runoff C- 5
Table 31 Three Lakes Annual Average Trophic State Indicators C- 7
Table 32 Colorado River Watershed Instream Flows C- 17
Table 33 Municipal & Domestic Wastewater Permits over 0.02 MGD C- 27
Table 34 Grand County Population Statistics C- 30
Table 35 Colorado River Stream Classifications C -41
Table 36 Cotorado River Designated Use Impairment C- 44
Table 37 Colorado River 303(d) List C- 45
YAMPA RIVER WATER QUALITY INANAGEMENT PLAN
• Figure 11 Yampa River WVatershed Map Y- 4
Table 38 Yampa River WVatershed Instream Flows Y- 16
Table 39 Yampa River NVatershed Domestic Wastewater Y- 21
Treatment Facilities
. Table 40 Routt County Population Projections Y- 24
Table 41 Yampa River Stream Classifications Y- 33
Table 42 Yampa River Designated Use Impairment Y- 36
Table 43 Yampa River 303(d) List Y- 38
V I-8
1NTRODUCT10Ri
02i29/96 DRAFT
T'he purpose of Section 208 of the Federal Clean VVater P?cf is to require plans for
coordinated regional approaches to water quality management. This Regional Water
Quality Management Pian, or 208 Pian, is a comprehensive revision of the Northwes4
Colorado Council of Governmenfis' (NVVCCOG) 208 Plan which was last approved in
1989 by Governor Romer.
1'his 208 Plan consists of 4wo volumes and appendices (including a glossary). Volume
I consists of the Ftegional Policies and describes recommendations to protect and
enhance the v?rater quality vvithin the NVVCCOG region, consistent with the
~requirements of the Clean 1iVater Act. Volume II consists of the Regional Water Quality
" Assessment which describes existing water quality, identifies the major regional water
quality issues, and presents the individual VVater Qualifiy Management Plans for each
of the six watersheds wi4hin the NWCCOG region (Figure 1).
_ V I-9
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How To usE THis PLAN
Volume 0, Policy PIan, consis4s of six polieies. Policy 9 outlines changes R9INCCOG
is Pecomrnending 40 4he Sta4e Wafer Quali4y Control Commission regarding water
quality Pegula4ions. The next four policies recommend ac4ions to minimize water
qualify irnpac4s for en4ities which have 4he authority to regulate land use and other
acfiivities. These enti4ies include federal, state, and local governments. The las4
policy identifies w.hieh entities or "Managemen4 Agencies" are responsible for
implementing the reeommended ac4ions.
Volurne IB, Wa4er Quality ProgPam Development, describes the water quality
assessments 4ha4 were used to develop the policies in Volume 1. The Regional
Water Quali4y Assessment is a summary of the major water quality issues identified
in 4he Pegion. This section is also provided 4o inform readers of water quality
impacts firom various activities and gides an overview of the exis4ing systems vvhich
pP04eC4 water qU8Il4y.
The six individual wafiershed plans in Volume II form the foundation ofi this 208 Plan.
Each watershed plan has the following sections:
0 A sumnnary ofi 4he wa4ershed characteristics and how the plan was developed;
* An evaluafion of existing water quality data;
* Bdentification of Point and Nonpoint Source issues and recommendations for
specific water quality issues in 4he basin;
0 A description of existing and potential water quali4y improvement projects
' (including educafiion);
0 A summary o# local water quali4y related land use regulations;
o A summary of water quali4y moni4oring efFor4s and needs;
0 A discussion of watershed stream segmenfi water quality designations,
classifiications,. s4andards and recommended changes.
T'he flow chart below (Figure 2) illus4rafes the s4ructure of this 208 Plan.
Figure 2. NWCCOG Regional VVater Quali4y Management Plan Structure
RegionaOWater Qua@6ty
vOlLICY1@ I
Polic6es
I
Regiona9 Water Quality v0l11111e 11
Assessmen4 Blue River Eagle Roaring Upper North yam
Fork River Colorado Platte Pa
Plan River Plan Plan Fdiver Plan River Plan River Plan
I-11
BACKGROUND
In 1972, Congress overrode apresidential veto to pass the Federai Water Pollution
Control Act Amendments of 1972 (PL92-500), also known as the Clean Water Act.
This Act has been further amended with significant changes in 1977 (PL95-217)
and 1987 (PL100-4). The Clean Water Act states that the ultimate objective of the
Act is to "restore and maintain the chemical, physical, and biological integrity of the
Nation's waters". In beginning the process to improve water quality,. the Clean
Water Act identified a number nf planning programs to be initiated at various levels
of government outlined in Section 208.
To maximize efficient use of re sources and provide regional coordination, Section
208 of the Act established an areawide approach to planning for the abatement of
pollution. Section 208 (titled "A,reawide Waste Treatment Plans") provides criteria
to design local plans, based on an integrated and comprehensive planning process.
The Northwest Colorado Council of Governments (NWCCOG) was designated the
areawide waste treatment management planning authority, under Section 208, in
February 1976 by the governor of Colorado. NWCCOG develops and maintains the
Areawide Water Quality Nianagement Plan (208 Plan) for the NWCCOG.
The IVWCCOG planning region (Region XII) includes the area within Eagle, Grand,
Jackson, Pitkin, Routt and Summit Counties and includes three river basins: the
Colorado River Basin; the Nortri Platte River Basin; and the Yampa River Basin.
In Colorado, the Colorado Water Quality Control Commission and Division are
responsible for regulating water quality through the establishment of water quality
classifications, designations, standards, and control regulations to protect the
beneficial uses of the streams and lakes; issuance of discharge permits; water
quality certifications; and enforc;ement.
The Continuing Planning Process for Water Quality Management in Colorado,
adopted by the Water Quality Control Commission in 1983, require annual updates
of the Areawide Water Quality Management Plans prepared under Section 208 of
the Clean Water Act. The two purposes of this 208 Plan are to: 1) update the plan
to reflect the progress that has been made in,plan implementation, and 2) address
the region's _shift in focus to a watershed perspective. -
The Plan is structured to satisfy the applicable state guidelines and to satisfy local
planning considerations that dictate a flexible and innovative approach to water
quality planning to avoid future water quality problems.
This Plan is composed of two volumes and a set of technical appendices. A two
volume format was chosen to increase the utiiity of the 208 Plan, as the policies are
unlikely to change over a four tn six year time frame, while the water quality
assessments, and individual watershed water quality management plans may
V I-12
require change on a shorYer 4ime frame to reflec4 changes in management priorities
and projects.
Volume I, F'olicy Plan, is presented in a policy plan fiorma4 and describes the
recommendations to protect and enhance the level of wafier quality consistent with the requirements of the Clean 1lVater Act. !/olume I provides a framework
for water qualifiy decisions relating 4o activities which have the potential 40
generate bo4h point and nonpoin4 sources of vvater quality degradation in the
Region. This volume of the plan is organized around six policies which will lead
4o maintaining and improving water quality in the region. Under each policy,
administra4ive guidelines are presented for use by v?rater quafity management
agencies vvho have and vvill con4inue to implement the plan. These management
agencies are identified in Policy 6 of Volume I, and the rationale for their
selection is discussed in Chapter 5 of Volume II - fVianagement Sysfems.
!lolume II, 1/Va4er Quality Program Developmen4, describes the water quality
management program in a format similar 4o the elemen4s contained in Colorado's
Con4inuing Planning Process guidefines. Volume tf draws on material contained
in previous 208 Plan submittals and from new data collected since the last 208
Plan was revised. Volume II provides supporting information for the water
quality policies con4ained in Volume I. The appendices provide supporting
4echnical informafiion regarding specific wafer quality issues addressed in the
plan. A significan4 change from our previous 208 Plans is 4hat the water quality
management plans presented in Volume II are organized on a watershed basis,
whereas prior 208 Plan water quality assessmenfis were done on a county basis.
The content of Volume I(previously Volume II in the 1989 Plan) has not been
substantially changed, although the form has been changed. The number of
policies has been reduced from eleven to six and six previous policies concerned
with water quality impacts from various aspects of land use and development have
been consolidated into one policy (Policy 3- Land Use and Disturbance). Policy 1
(1/Vater Quality), has been shortened, as mos4 of the 1988 recommendations have
been implemen4ed. fn addition, a policy justification has been added to each of the
policies.
- Table 1 provides a summary of the elements of water quality planning
recommended under the State Guidelines compared to the elements con4ained in
4his Plan. The Policy Plan (!lolume I) 4ogether with the 4echnical appendices
contain all of the State elemenfis.
V I-13
Table 1. Water Quality Planning Glements
208 Plan Element Plan Policy (V.I) Program Appendix
Devel.
1 2 3 4 516 (V.II) 1 2 3 4 5 6 7 8 9 10
iFacility location x x x x
Facility needs x x
Facility capacity x x
Facility timing x x
Population projections x x
Service area X
Treatment level x x x
Permit conditions X
Wasteload atlocations x x x
NPS Information x x
Management agency x x x
WQ standards recomm x x x x x
Hydrologic modifications x x
Stream setbacks x x x
Silviculture activity x x
Construction activity x x-
Urban runoff x x
Chemical management x
WQ assessment x x
BMP recommendations x x x x x x x
Water efficiency x x x
Model development codes x
Mine drainage mngmnt x x
Agricultural management x x x x
V I-14
REGIONAL VVATER QUALITY fi/IANAGEIVIENT POLICY SUflflMARY
FOR THE NORTHVIlEST COLORADO COUfVCIL OF GOVERNiViERITS
POLICY 1. WATER QUALITf
The surface and groundwa4ers of the region shall be pro4ec4ed 4o maintain 4he
curren4 and designated uses of 4hose waters. The physical, chemical, and
biological condi4ions shall be main4ained for 4he benefit ofi presen4 and future
generations of residen4s and visitors of 4he region. VVaters of the region not
curren4ly supporting classified uses shall be resfiored as soon as is financially and
technically feasible.
POL8CY 2e WAaTER USE AN~ ~EVELOPMENT
The use and developmen4 of the wa4ers of the region shall main4ain 4he quality
necessary 4o protect curren4 and classified uses, including water quality levels
necessary to comply with the S4ate's antidegradafiion regulation.
POL8C1( 3. LAND USE AND DISTURBAfVCE
The surface and groundwaters of the region shall be protec4ed from land uses and
management practices which could cause "significant degradation"' of water quality
or impair 4he natural pro4ecfiion and/or 4reatment processes provided by wetlands,
' floodplains, shorelines, and riparian areas. P0L0CY 4. DOMESTBC, MUNBCIPAL, AND 9NDUSTRIAL WA?STE TRE4TMEiVT
Decisions to locate wa4er supplies, wasfewafer 4reatmen4 systems, and other
facilities shall be made in a manner v?rhich protects water quality. Decisions
regarding facility location shall also tecognize the protection of floodplains, geologic
_ hazard areas, wildlife habi4ats, we4lands, shorelines, and agricultural land. Plans
- fior fiacilities vdhich divert water or discharge vuastes will be coordina4ed with existing
facilities 4o protect wafier quafity.
' The defini4ion of "significant degradation" is that used in 4he "Basic Standards
and Niethodologies for Surface VVaters" regulation of 4he 1/Vater Quality Control
Commission (5 CRR 1002-8, 3.1.8 (3)(c)) (see glossary and ,4ppendix 6).
V I-15
POLICY 5. CFiEMICAL MANACEMENT
The surface and groundwaters of the region shall be protected from the uses of
pesticides, fertilizers, algaecides, road.deicing and friction materials, and other
chemicals which would temporarily or permanently cause a significant degradation
of water quality or impair the current or classified uses of these waters.
POLICY 6. MANAGEMENT SYSTEM
The surface and groundwaters of the region shall be protected by a management
agency structure which recognizes the existing governmental and regulatory
framework and allows decisions and management to be made at the most
appropriate level of control. Especially with respect to nonpoint.source pollution
prevention, the recommended level of management is at the watershed level
(municipality and county driverr). Table 2 identifies the recommended management
agency structure. Table 2. Mana ement A enc Structure.
Activity and Policy ' YVlanagement Agency
Areawide Water Quality Planning Northwest Colorado Council of Govemments
Local Land Use Planning Counties and municipalities
Policy 1. Water Quality
Recommend water quality standards revisions NWCCOG, counties, municipalities, special
, districts
• Policy 2. Water Use and Development
Issue 1041 Permits Counties and Municipalities
Issue Special Use Perrnits / Right of Ways USFS, BLM, Counties
Issue 404 Permits US Army Corps of Engineers
Issue 401 Certification Colorado Water Quality Control Division
Policy 3. Land Use and Disturbance
Encroachment Counties, municipalities, special districts, federal
land management agencies
Public Facilities Counties, municipalities, special districts, federal
- - land management agencies, Colorado Department
of Transportation (CDOT)
Vegetative Disturbance Counties, municipalities, federal land management
agencies, Natural Resource Conservation Service h
Soil Disturbance Counties, municipalities, federal land management
agencies, Natural Resource Conservation Service
Issue 1041 Permits Counties, municipalities
Impervious Cover Counties, municipalities
Stormwater Counties, municiaplities
V I-16
Policy 4. Domestic, Municipal and Industrial
VVastes
Issue Colorado Discharge Pemnits Colorado VVater Quality Con4rol Division
Approve Site Applications Water Quality Control Division
Review Site Applications NVIICCOG, counties, municipalities, special
districts
Isssue 9041 Permits Counties, municipalities
Biosolids Applications Water Quality Control Division, Counties
Colorado Dept. of Public Health and Environment,
Landfill Site Approvals Counties --Hazardous Materials Division
Policy 5. Chemical Management
Spill Prevention and Cleanup Colorado Depar4ment of Public Health and
Environment, CDO'T, municipalities, special
districts
I-17
POLICY 1. WATER QUALITY
1.1 Policv Statement The surface and groundwaters of the region shall be protected to maintain the
current and designated uses of those waters. The physical, chemical, and
biological conditions shall be maintained for the benefit of present and future
. generations of residents and visitors to the region. Waters of the region not
currently supporting classified uses shall be restored as soon as is financially and
technically feasible.
1.2 Policv Obiectives
To meet the adopted water quality standards for the State of Colorado, including the
applicable antidegradation standard.
To assist local governments and federal and state agencies controlling land use
activities in the region to implement federal and state water quality goals.
To improve public awareness of water quality conditions in the region, the extent to
which those conditions can be affected by land use activities, and how individual
actions can protect and improve water quality.
1.3 Policv Justification
Pollution of the region's waters may constitute a menace to public health and
welfare, may create public nuisances, may be harmful to wildlife and aquatic life,
and may impair beneficial uses of these waters. Colorado State Statutes have been
written "To protect, maintain, and improve where necessary and reasonable, water
quality for public water supplies, for protection and propagation of wildlife and
aquatic life, for domestic, agricultural, industrial, and recreational uses" (CRS
25-8-102).
High quality-waters are valued by the citizens of the region. We recognize the
necessity of protecting the existing uses for the benefit of ourselves, our visitors,
and future generations. We recognize that it is in our best interest to protect,
maintain, and improve where necessary and reasonable, the waters of this region.
V I-18
e
9.4 ~mp9ementat'son Recomrnendations
1e4e1 Meet Exast6~g Water Quality Standards
7'he Water Quality Confrol Commission has divided the surface waters of this
region into sfream segmen4s, assigned designations, classifications and set water
quality standards. The six wratershed plans in Volume 14 identify the.existing
designations, classifiied uses, and water quality standards in each of the
watersheds. T'hese designations, classifications and standards are incorporated
herein by reference and should be me4 4hrough all ac4ions of designated
management agencies, as identified in Policy 6.
. N1iVCCOG, after consulta4ion wi4h designated management agencies, will
recommend selected revisions 4o these standards at 4riennial reviews scheduled by
fihe Commission. VVaters which wiii be examined prior to 4hat time are Green
Nioun4ain Reservoir, Tenmile Creek, Peru Creek, and the Eagle Ftiver.
1o4v2 Recommend Revisiorvs to Water Qual6ty Standards9 C@assifcations,
and Desugnations
Recommended revisions fo water quality standards are an element of 208 Plans
under S4ate Guidelines for 4he Con4inuing Planning Process. Existing designations,
" classifications, and sfandards are documented in Section 8.1 of each of the
wa4ershed wa4er quality plans. This section (1.4.2) summarizes Region Xll's
recommended revisions fio fhe existing water quality standards, designations, and
classificafions. Further discussion on each of fhese recommendations can also be
found in the appropriate watershed plan's discussion on water quality standards.
1.4.2.1 Special Water Quality Standards
No newr special wa4er quality s4andards, such as control regu{ations, are
recommended. .
1.4.2.2 Streams VVhich Should be Inves4igated for Outs4anding VNaters
DesignaQion in Region Xff The following s4reams are recommended for investigation as 4o appropriateness of
designa4ion as "Ou4standing VVaters" (no degradation allowed). Currently these
s4reams are designated as "Reviewable 1nlaters" (antidegradation review applies 40
these vvafiers).
V I-19
Blue River Watershed
Streams in the Gore Range/Eagle's Nest Wilderness (Blue River Segment 16)
Streams in the Ptarmigan Wilderness Area (a new segment needs to be created
for this as no good segmentation for this area currently exists)
Colorado River Watershed
Streams in the Never Summer and Indian Peaks Wilderness Areas (Upper
Colorado River Segment 5)
Streams in the Ptarmigan Wilderness Area (no good segmentation currently
exists for this area and a new segment would have to be created )
>
Eagle River Watershed
Streams in the Gore Range/Eagle's Nest Wilderness (Eagle River Segment 1)
Streams in the Hofy Cross Wilderness (Eagle River Segment 1)
Yampa River Watershed
The Elk River from its sourcP to Glen Eden (Yampa River Segments 8 and 10)
Little Snake River tributaries in the National Forest (Yampa River Segment 19)
1.4.2.3 Use-Protected Waters in Region XII
Stream segments currently designated "Use Protected" (discharges in these
segments are not subject to antidegradation review) are listed in the appropriate
~ watershed plans. No changes are recommended to those stream segments.
1.4.2.4 Changes to Temporary Modifications in Region XII
Existing stream segments with temporary modifications are identified in the
appropriate watershed plans in uolume II. The following changes to temporary
modifications of numeric stream standards are recommended.
Blue River Watershed - Deer Creek in Summit County (tributary to the Snake River (Blue River Segment
9). This temporary modification is incorrect and should be dropped. The
temporary modification should be applied to the Snake River from the
headwaters to the confluence w/ Deer Creek (part of Blue River Segment 6). °
See the Blue River Water Quality Assessment for further information on this
segment.
Colorado River Watershed
Mainstem of Rock Creek in Grand, Routt, and Eagle Counties - confluence with
Colorado River in Eagle County below McCoy - mercury (Upper Colorado River
V I-20
Segmenfi 7b). This temporary modification is most likely due 4o flawed data. A
review of recent (1987 -1994) USGS data indica4e 4ha4 this stream segmenfi
mee4s the Table Value Standards for mercury. This 4emporary modifica4ion
should be dropped.
1.4.2.5 Designafied Uses Recommendation
Designated Uses include: domesfiic water supply; agriculture; recreation; and
aquafic life.
No changes in designafied uses are recommended to the s4ream segments in
Region XII.
1.4.2.6 Designa4ed Use Impairment Recommendations
Most of the waterbodies in Region XII are designa4ed "Fully Supporting", meaning
4hat the classified uses ofi 4hose waterbodies (which can include: aquatic life; water
supply; recreation; and agriculture) are not measurably impacted by water quality. Other waterbodies have been designa4ed in various manners 4o require special
consideration and advanced wastewater 4reatmenf for particular pollutants. Stream
segmen4s in the region wi4h known or potential wa4er quality problems have been
identified by the Water Quality Control Division and are identified as either VVater
" Quali4y Limi4ed, Par4ially Suppor4ing, or No4 Supporting Designated Uses. These
are identified in each of the vva4ershed plans in Volume II under the V1/ater Quality
Sfandards secfiion.
The exis4ing designa4ed uses ofi each stream segment are listed in the appropria4e
vvatershed vva4er quality plan in Volume II under the VVater Quality Standards
section.
The Sta4e's "S4atus Of Vi/ater Quality in Colorado" or 305 (b) Repor4 to the EPA lists
_ vvaters.of the state which have been idenfiified as "Water Quality Limited" or
designated "Use Impaired". Below are listed recommended changes to 4hat list fior
stream segments in Region XII.
1.4.2.6.1 VVa4er Quality Limited - Allocated Segmenfis
The State's crifieria for Wa4er Quali4y Limi4ed, Allocafed Segmen4s is 4hat the
.
designated uses are not measurably impaired, but the assimilative capacity of the
segmenfi has been (or should be) allocated. If addifiional growth occurs in the areas
served by the current treatment facilities, or additional wastewater 4reatment plants
V I-21
will discharge to the same segment, or stream flows are reduced, more restrictive
limits will be required for some or all dischargers.
No changes are recommended to the Designated Use Impaired List for the Water
Quality Limited, Allocated segments. 1.4.2.6.2 Water Quality Limited - Potentially Threatened
The State's criteria for. these segments is that the designated uses of these waters
are not measurably impaired due to water quality, but assessment information or
water quality based controls indicates the potential for impairment of the designated
uses in the near future.
The existing Water Quality Limited segments are listed in the appropriate watershed
water quality plan in the Water Quality Standards section.
Recommended changes to this list are below. Data supporting the recommended
changes can be found in the appropriate watershed Water Quality Management
Plans and Appendices.
Point sources - Uses of the following segments would be threatened if only
secondary treatment were applied:
Blue River Watershed
Dillon Reservoir (Blue River Segment 3) Nutrients - this segment is
incorrectly identified as threatened by point source phosphorus discharges.
This segment is threatened by nonpoint source phosphorus loads, not by
point source discharges (see the Blue River Watershed Water Quality Plan
for details).
Green Mountain Res. (Blue River Segment 17) Nutrients - this segment is
incorrectly identified as threatened by point source discharges. This
segment is threatened by hydrologic modifications, not point source nutrient
discharges (see the Blue River Watershed Water Quality Plan for details).
- - Colorado River Watershed -
Colorado River tributaries from Lake Granby to Roaring Fork (Upper
Colorado River Segment 4) - Salinity - this segment is incorrectly listed.
There are areas identified in the Upper Colorado watershed plan which
contribute significant amounts of salinity to the Colorado River, but to
identify all of the tributaries as contributing is misleading.
The following river segments shauld be added to the list as identified as being
threatened by Nonpoint Sources - Hydrologic Modifications V I-22
Blue River
Eagle River
Upper Colorado River - Fraser Ftiver.
Nonpoint Sources - Threa4ened by Cons4ructior? and Urban Runoff
Colorado River VVatershed -
Colorado River -State Bridge to Roaring Fork (Upper Colorado River
Segmen4 5) - Sediment - this designation is incorrect. There are areas
iden4ified in the Upper Colorado vva4ershed plan which contribute signifiicant.
amounfis of sedimen4 40 the Colorado River, but to identify the entire
segmen4 4hrea4ened by urban and construction runoff is incorrect.
. Nonpoint Sources - Threa4ened by ?
Blue River VVatershed Deer Creek (Biue River Segment 9) - Nietats - Deer Creek has good
vvater quality - the correc4 segmen4 which is impacted by metals is the
Upper Snake River. Blue River Segment 9 should be identified as the
Upper Snake River from the headwaters to the confluence with Deer
, Creek, which is partially supporting desgnated uses due to mining and
natural geology.
Colorado River VVafershed
Muddy Creek (Upper Colorado Segmen4 6a) Metals?
" Williams Fork River (Upper Colorado River Segment 8) - Metals. Recen4
wa4er quality dafia, as discussed in the v+ra4ershed plan, does not show a
me4als problem on this segment and this designation should be removed.
1.4.2.6.3 VVa4er Quality Limited - Par4ially Supporting The partially supporting designation means that 4here is 'some interterence with
designated uses, bu4 the use(s) is not precluded.
The exis4ing "Partially Supporting" identified segments are listed in the appropriate
watershed water quality plan in the VVater Quality Sfiandards section. Befow are the
recommended changes:
Nonpoint Sources - Impaired by ?
Blue River VVafershed
Tribu4aries 40 Blue River befiween Diflon Reservoir and Green
Nioun4ain Reservoir - fihere is no dafia indicating that 4his segmen4 is no4 fiully supporting all classified uses (listed as impacted by nutrients,
sediment in 1994 305b). This designafion should be deleted.
V I-23
,
Eagle River Watershed Milk and Alkali Creeks (Eagle River. Segment 10) - this segment is
impaired due to highly erosive soils and historic grazing practices.
Water quality impacts are related to sediment and salinity loads.
1.4.2.6.4 Water Quality Limited - Not Supporting
Water designated "Not Supporting" are waters where designated uses are
measurably impaired because of water pollution. The use may be present, but at a
significantly reduced level from full support in all or some portion of the waterbody.
The existing "Not Supporting" identified segments are listed in the appropriate
. watershed water quality plan iri the Water Quality Standards section. Below are the
recommended changes:
Upper Colorado River Watershed
Colorado River tributaries (from Lake Granby to Roaring Fork -Segment 4).
This segment is identified as Not Supporting - sediment" (1994 305b). There
is no data which indicates that.the entire segment is not supporting classified
uses. There are known areas of sediment impacts to this segment, but this
identification needs further refinement
1.4.3 Implemerot Local Gcavernmental Land Use Controls
At this time nonpoint source management is primarily the responsibility of local
government entities which have been delegated land use authority. Several
counties and municipalities have adopted regulations designed to address, in a.
manner consistent with state law, water quality impacts associated with water
development projects. Many entities have also implemented regulations that
require Best Management Practices for construction activities and require stream
setbacks. These regulations should be more consistently adopted, better
articulated, and fully implemented throughout Region XII. 1.4.4 Implement Water Qualuty Improvement Projects
Designated management agencies, local; state, and federal interested parties are
encouraged to initiate and participate in water quality improvement projects, as
identified in Section 4.2 of the watershed water quality management plans in
Volume II, especially for those waters currently not meeting designated uses and
with temporary modification standards.
V I-24
1.4.4.1 Inac4ive Mine VVa4er Quali4y Improvemen4 Projects
Historic mining ac4ivifiies in Region Xll have lef4 mine and mill tailings, spoil piles
and inac4ive mine workings vvhich cause water quality degradation 4hrough acid
mine drainage. VVhile these mines were operated according to s4andards accepted
at the 4ime, these inactive mines often confiribute 4o water quali4y problems. Local
governments and NWCCOG are working with the Colorado UVater Quality Control
Division and the Division of Minerals and Geology 4o improve vvater quality where
impacts have been iden4ifiied. Public and private sector cooperafiive efforts should
be undertaken #o reclaim 4hese sites and to minimize long 4erm wafier quality
impacts. Specific sife projec4s are lisfied in the appropriate watershed plan in the
. UVatershed VVafier Quali4y Improvement Projec4s section.
G
NVVCCOG is par4icipating in the Sfa4e's Mining V1la4er Quality Task Force which has
been organized 4o address bofh his4oric and curren4 water quality issues related
mining activities. A number of ouficomes could result from the Task Force's
activities, including recommended regulatory or policy changes a4 the state level.
V I-25
POLICY 2. WATER USE AND DEVELOPMENT
2.1 Policv Stratement
The use and development of tMe waters of the region shall maintain the quality
necessary to protect current and classified uses, including water quality levels
necessary to comply with the State's antidegradation regulation.
2.2 Policv Obiectives
To ensure that water development activities do not have a significant adverse effect
upon the region's water resourres, such as increasing pollutant concentrations at
point source discharges, increasing salinity, or aggravating nonpoint source
pollution problems.
To protect existing local, state, and federal investments in wastewater treatment
facilities by mitigating additional treatment costs caused by hydrologic modification.
To ensure, through participation in the planning, design, and operation of
reservoirs, that the quality of impounded water will be suitable for its intended use
and that discharge downstream will not significantly degrade water quality.
To ensure that water is used efficiently for the public benefit and advantage of the
people of the state of Colorado. To ensure that water conservation is practiced in order to reduce the need to divert
water.
2.3 Policy Justificataon
The diversion of water and its application to beneficial use can have an impact on
water quality. Water diverted and consumed or stored for later use decreases
- natural stream flows, which in turn reduces the dilution flows for natural pollutants,
diminishes the assimilative capacity of the stream, and changes.the shape and size
of the stream channel. The challenge is balancing all current and future beneficial
uses, which include domestic, agricultural, industrial, environmental, recreational
and aesthetic considerations.
With respect to water and wastewater treatment.plants, reductions in stream flow
affect treatment in two ways: they increase the concentrafion of natural pollutants as
they enter the plant; and they decrease the assimilative capacity of the stream. The
instream flows in the region do not obviate the need to treat wastewater to a high
V I-26
level, and mos4 wastewafier 4rea4ment plants in F2egion XII are tertiary treatment
planfis vNhich fireat wastewater to the highest levet technically and fiinancially
possible.
As the popula4ion of the State grows, so will the demand for additional water supply.
The Fron4 Range's primary source of supply comes from the wa4ers in Region XII.
Numerous condifiional and absolu4e wa4er rights are held by Front Range
municipalities in IRegion XII, in the Blue, Eagle, Roaring Fork, and Upper Colorado
wa4ersheds. The great concern wifih this type of diversion (4ransbasin) is 4hat the
wa4er removed is complefely losfi 4o tha4 basin (100% consump4ive use). In other
words, fhere are no re4urn filows to the stream thafi the water is diverted from.
Accordingly, wastewrater freatmenf costs increase in the basin. Also, transbasin
water diversions take place relatively high in the watershed, and 4hus divert the
highes4 quality water firom the basin.
In-basin wa4er use may also raise water qualify concerns. Included in 4hese
concerns are: conversion of agricultural water to municipal use (loss of groundwater
recharge); change in 4iming of return flowrs (specifically related fio snow making);
and "dewatering" stream segments between water diversion and wastewater return
points; and the consump4ive use of various beneficial water uses. Additional
information concerning water use and development can be found in Chapter 4.2.2 of
Volume II and in the individual VVatershed Water Quali4y Assessments in Chapter 8.
2.4 0anplernentataon Recommendatiocas
Nlitigation of significan4 negative water quality impacts associa4ed wi4h water use
and developmen4 should be required by the appropriate local permifiting agency,
pursuant to its land use authority. Local governments should ensure 4heir ability 40
review and permit these ac4ivities.
lnlhere a federal permifi is required for a water development activity, water quality
impacts in Region XII caused by hydrologic modifications should be analyzed and
mitigated to the extent required under federal law.
The Colorado 1iVater Consenration Board should be encouraged to es4ablish
ins4ream filows and acquire the water rights necessary to protect fihose flows, in
coopera4ion vvifih ofher water users' efforts (which should be acknowledged) 40
provide instream flows which protec4 the environment 4o a reasonabae degree.
Proponents of wa4er development projec4s should be encouraged to cooperate in
providing the minimum flowr based on methods used in determining effluent limi4s
vvherever possible so fihat project related increases in was4ewater 4reatment cosfis
are avoided.
V I-27
The salinity effects of water development activities in the region should be
addressed in accordance with the Colorado River Basin Salinity Control Forum's
triennial plan implementation. Impacts to other users not addressed by the Forum,
such as the 4hose in the Grand Valley should be considered as well (discussion on
this issue can be found in the Regional Water Quality Assessment Section of
Volume II).
Establishment of incentives for improved water efficiency efforts, including but not
limited to conjunctive use agreements, water banking, credit for stream flows, etc.,
should be encouraged. The Colorado Water Conservation Board is the appropriate
agency for coordination of these types of activities.
Local govemments and special districts should encourage water conserving
landscaping through land use regulations and incentives. Incentives should be
provided where practical, to encourage retrofitting of existing buildings with water
saving devices. Appendix 10 contains a model local water efficiency regulation.
Municipal and county land use regulations should update water supply criteria
applied to new residential and commercial development to require that water supply
plans utilize water resources that are long-term and sustainable through the use of
renewable supplies, conjunctive use, or augmentation.
Local governments should request the assistance of the Colorado Division of
Wildlife in the assessment of site specific and cumulative impact of water
development associated with land use activities on aquatic and related habitat.
These assessments should be used to minimize impacts to the aquatic environment
. and related habitat.
Entities which depend on groundwater for domestic water supplies should develop a
wellhead protection program in conjunction with the Water Quality Control Division's
Wellhead Protection Program.
Municipalities should develop a watershed protection program pursuant to CRS
31-15-707(1)(b).
Stream restoration projects which address the impacts of hydrologic modifications.
are strongly encouraged (specific recommendations are listed in the individual
watershed water quality management plans in the Watershed Improvement Projects
. Section).
V I-28
'P~'OLICY 3. LAND USE AND DISTURBANCE
3.1 P0l9c1( St8temePVt
The surface and groundvvaters of the region shall be protected firom land uses and
management practices which cou{d cause significan4 degradation' of water quality
or impair 4he, natural protection and/or 4reatmen4 processes provided by wetiands,
floodplains, shorelines, and riparian areas.
3.2 Polacy Object6ves
. To minimize 4he site dis4urbance on lands adjacen4 4o surface waters, wetlands, and
riparian environmen4s in order to protect water qualify.
To ensure 4hat activities such as development, logging, mineral extraction, solid
waste disposal, agriculture, and all other land use practices 'do not cause
significant de4erioration of wafer quality or significantly dis4urb the region's surface
and groundwa4ers.
T'o es4ablish 4he basis for protec4ion of critical water environmen4 zones through
land purchase or other available programs. To enhance public knowrledge of the imporfance of maintaining vegetative cover
and s4ream side se4backs 4o pro4ect water quality.
To promofie water quali4y as an important consideration in making decisions on the
location and exten4 ofi areas fo be served by public facilities and services.
To ensure tha4 the general public will no4 be required fio bear unnecessary
construction and operating costs of extending facilities and services into and
through areas wrhere adverse water quality impacts may occur.
To assist local governments in guiding future grovvth and development activities 40
areas where impae4s on vvater quality vvill be minimized and/or controiiable.
To recognize forest management practices which minimize fire fuel buildup and
control wi{dfire, disease and insec4 infestations as a viable iong-fierm water quali4y
managemen4 strategy.
' The definition of "significant degradation" is that used in 4he "Basic Standards and
Methodologies for Surface VVa4ers" regutation of 4he VVater Quality Con4rol Commission
(5 CRR- 1002-8, 3.1.8 (3)(c)) (see glossary and Appendix 6).
I-29
To ensure compatibility of investment policies for public facilities with other
environmental protection programs (e.g. floodplain protection).
To assist local govemments in controlling soil disturbance and earth movement
where significant water quality impacts may occur.
To control the creation of new impervious cover throughout the region to enable
continued groundwater contribution to streamflow during low ftow conditions and to
minimize flooding impacts from increased surtace runoff.
To recognize and protect irrigated agriculture as an important groundwater recharge
mechanism for sustaining stream flows during critical low flow periods and to
encourage the minimization of pollutants returning to the stream.
To ensure that the cumulative ampacts of development activities in the region will
not cause storm drainage and floodwater patterns to exceed the capacity of natural
or constructed drainage ways.
To ensure that future developrrient activities provide for the storage, treatment, and
removal of pollutants to control their transport by storm runoff into streams, river and
lakes.
To encourage the use of non-structural controls in managing stormwater.
, 3.3 Policv Justification The purpose of this policy is to ensure that a balance exists between the protection
of water quality and land use and development and to minimize the conflicts
between the two. Individuals exercising their private property rights should not
endanger the public health, welfare, and right to enjoy and use our common natural
resources, such as high quality water and aquatic life. It has been fundamentally
established through the US Court system that no individual has an absolute right to
use their property to the detriment of others. Communities can legitimately insist
that development be done in a rnanner which will not compromise their citizens'
quality of life.
Land use practices have impacts on water quality. The water pollutants of concern
with respect to land use practices include: sediment, nutrients; animal wastes;
heavy metafs, petroleum products; salts; pesticides; and the loss of natural
protection from these pollutants (such as loss of wetlands and riparian vegetation).
These pollutants are nonpoint source in origin, i.e. typically enter the waterbody via
diffuse runoff.
V I-30
Generally ifi is more cost effec4ive 4o preven4 water quality impacfis 4han 40 4reat
water quality impac4s. T'his is especially true with respec4 40 land use impacts on
water quality. The mos4 effecfive way of addressing tand use impac4s is through 4he
developmenfi, consisfient applica4ion,. and enforcement ofi local regulations and
incenfiives fio minimize water quali4y problems from runofif. Mos2 of 4he
Implemen4ation Recommenda4ions consist of Bes4 IVlanagement Practices (BIVIPs),
bo4h structural and nons4rucfural. No single BtVIP can be applied to all land
dis4urbance si4ua4ions, and all BfVIP options require careful site assessment prior 40
design.
Provisions of this poficy should be implemented as cieemed loca{{y appropriate
4hrough adoption and enforcemen4 of developmen4 review procedures. iVfodel local
water quality protection codes are contained in Appendix 10. Examples of Bes4
Managemenfi Practices for land use and disturbance activities (including agriculture)
are contained in Appendix 11.
3.4 Bmp9emen4ation Recommendations
Local governments shouid adopt horizontal building setbacks from all sfiream
channels, flood pfains, wetlands, shorelines and o4her riparian areas.
The minimum recommended soil dis4urbance setback is 25 feet. Greater sefibacks
are encouraged and should consider the followiing:
~ o Soil permeability and erodability (soil type);
o Slope;
o Cover condi4ions; and
o Infiensity of adjacent land use.
No vege4ation should be removed, or soil disfurbed or covered, vvithin 25 fee4 ofi a
wetfand, s4ream, lake, or ofiher wa4erbody. Where such disturbance is unavoidable,
offsef4ing mi4iga4ion measures should be employed, such as preventing direct runoff
into the stream, de4enfion or infil4ra4ion of runoff, prompfi revegetation with native
species, etc.
Modifiica4ion of stream channel cross sections and encroachment shall be
accomplished in a manner that prevents stream channel impac4s upstream and
downstream after modifica4ion.
Best Nianagemen t Prac4ices (B{ViPs) for agricultural activities are recommended for
minimizing water quality impacts from fihese activities. Examples of BMPs can be
found in Appendix 11.
V I-31
Critical stream environment zones, floodplains, wetlands, riparian areas, and
reservoir shorelines for public uses should be protected through zoning or acquired
through conservation easements, land exchanges, transfer of development rights,
or similar resource protection techniques.
Wetlands disturbance should be avoided. Where such disturbance is unavoidable,
offsetting mitigation measures should be employed, such as preventing direct
runoff, detention or infiltration of site runoff, and construction of new wetlands or
enhancement of existing "poor quality" wetlands.
Planning for public or private infrastructure and investments should be made to
avoid floodplains, wetlands, riparian areas, steep erodable slopes, and geologic
hazard areas whenever feasible.
Where the potential for water quality impacts exist, the following requirements
should be applied to any land use activity:
* Erosion control plans: development activities involving soil disturbance and
earth movement should be required to provide erosion control plans.
• Disturbance management and revegetation plan: this plan should include
details of vegetation disturbance activity (schedule, area involved, equipment to
be used, etc.) and a description of all measures to be taken during and following
disturbance to minimize water quality impacts, including monitoring to determine
effectiveness of the measure taken.
• Timing of disturbance: whenever possible, disturbances should be planned to
occur at those times of the year when water quality impacts will be minimized.
Disturbances immediately prior to or during the winter season require particular
consideration of the period before the site can be revegetated.
? Area controls: consideration should be given to limiting the area of
disturbance which occurs at any one time, particularly in locations where water
quality impacts may be severe, such as on moderate to steep slopes having
slowly permeable soils.
e Equipment: methods for vegetation disturbance should be selected to
minimize water quality impacts. For example, clear-cutting should be restricted
to relatively small acreages in deep snowpack areas and heavy logging
equipment should be restricted on steep slopes where severe erosion hazards
= - may exist. -
* Stabilization during disturbance: soil erosion controls and protection of
surface waters should occur promptly after vegetation disturbance.
? Monitoring during disturbance: regular inspections should be made of the
disturbed site to ensure that khe operation is in conformance with the vegetation
disturbance plan and that water quality impacts are being controlled to the
maximum extent possible.
? Post-disturbance monitoring: inspections of the disturbance site after
completion of the operation are necessary to ensure that measures to control
f
, V I-32
dvater qualifiy impacts are effective and 4o determine if remedial actions are
required.
0 Performance bonds should be imposed fo ensure that erosion con4rol plans,
including prompt and successful revegetation of disturbed areas, are
implemented.
oBuilding res4ric4ions on slopes greater than 30% should be considered as a
means of limiting the vva4er quality impacts of soil disturbance.
iUlinimizafiion and disconnec4ion of impervious surfaces created as a result of
cons4ruction of parking lo4s, buildings, roads, vegetation and soil removal; and other
development ac4ivities, is recommended 4o ensure groundwater recharge in areas
where development occurs. 1'he greatest restrictions on impervious cover are
recommended for groundwater recharge areas of regional importance and areas of
high precipitation, where groundwater recharge will have the highest contribution 40
groundwrater supplies and surtace water base flows. The Colorado 1Nater Quality
Control Division's VVellhead Protection Program has information on these areas.
Sfiormwrater detenfion should be required to minimize flooding, 4o maximize
infiltration, and to minimize water quality impacts from impervious surtace
contaminants. Stormwater discharges should result in no significant increase in
tofial po{{utanfi {oadings.
Land use ac4ivities should be regulated 4o maintain hydrologic characteris4ics of the
developmenf sifie similar fio those of i4s pre-development condition. Drainage plans,
including calcula4ion of storm runoff volumes and velocities (before and after
-s development) using accepted hydrologic calculafion procedures, should be
required.
Direct discharge of sfiormwater 4o a lake, stream, or drainage way should be
prohibited. Infiltration into the groundwater, de4ention, or passage over 100 feet of
grassed wraterway should be considered an acceptable treatment mechanism.
Siting and construction of roads and highways should be done in a manner which
considers and minimizes water quali4y impacts.
- ~ Local governments should request the assistance of the Colorado Division of
VVildlife in the assessment of si4e specific and cumulative impact of subdivision
development on aquatic and rela4ed habitat and these assessmen4s should be used
to minimize impacfis to the aquatic environment and related habitat. Efforts to
pro4ec4 water quality 4ypically provide additional benefits to wild{ife, such as habitat
pratection. "
Local governments should request the assistance of the Colorado Division of
VVildlife's assistance in the deve{opment of wa4ershed management plans which
address wildlife management, wildlife-based recreation and wildlife habitat
V I-33
preservation. These plans shnuid be incorporated into the local master or
comprehensive plans, and federal management plans.
d
V I-34
It"OLIC04o DOMESTICy MUItlIClPAL AND Itl'~DUe7 A A1IAL Y11/`1STE
TREATItllE@!9T
4e9 Po9icv Sta$emeng
Decisions 40 loca4e water supplies, wastewater fireatment systems, and other
facilifies vvill be made in a manner which profiects wrater quality. Decisions regarding
facility location shall also recognize the protec4ion of floodplains, geologic hazard
areas, wildlife habita4s, wetlands, shorelines, and agricultural land. Plans for
facilities which diver4 water or discharge wasfies will be coordinated with existing
facilities fio protec4 wa4er quality.
4e2 PoBicv Obiecgaves
To ensure that all Iand use activifies have adequate facilities fio collect, treat, and
dispose of anticipated fiypes and quantities of wastewater.
To ensure that the discharge of any vvater pollutants from waste treatment facilities
indusfirial or commercial processing activities or mine waste tailings ponds meet the
assigned condi4ions of its discharge permit so as to comply with stream standards
as established by the Colorado VVater Quality Con4rol Commission.
,s To ensure the wrasteload allocations fior point source discharges are met throughout
4he region through upgrading of existing treatment fiacili4ies and planning and
construction of new facilities as required.
'fo ensure thafi developmen4 of solid waste disposal sites including residuals from
wastewater treatmen4 is conducted in accordance with sound conservation practices
giving consideration to potential pollution problems inheren4 in proposed sites.
To recognize fihe sensitivity of regional and local groundwater aquifers to pollution
from waste discharges cr seepage from waste disposal sites and septic system
leachate.:
To avoid the proliferation of wastewater treatment facilities and/or wastewater
treatment agencies vvhere practical alternatives exist.
To ensure fha4 wastewa4er treatment facilities are properly operated and main4ained
by a responsible operating en4i4y.
To seek the mos4 cos4-effective approach to limitation of critical pollu4ants by
examining fradeoffs between point and nonpoint sources.
V I-35
4.3 Policv Justificataon
The purpose of this policy is to ensure that public facilities be sited and constructed
with consideration of water quality impact minimization, while recognizing financial
limitations.
The communities of the region have been extremely supportive of protection of
water quality through the funding af well constructed, operated, and maintained
wastewater treatment facilities. Careful planning of public infrastructure is needed
to assure that maximum public benefit is attained with available funds. With the
passage of the "Tax Payers Bill of Rights" Amendment (Article 10 Section 20 of the
. State Constitution), it is necessary to assure that the limited funds available for
public projects be put to their best use while minimizing environmental impacts.
4.4 Implementation Recommendatiorts
The wastewater treatment plant Site Application process will include a coordinated
review by appropriate management entities within the watershed.
Local governments should identify floodplains, geologic hazard areas, wildlife
habitats, wetlands, riparian areas, shorelines and signicficant agricultural lands.
Public infrastructure and investment decisions shouid be made to encourage land
use that avoids floadplains, wetlands, riparian areas, steep erodable slopes, and
. geologic hazard areas.
Wasteload allocations have been adopted or proposed for most of the major
subbasins in the region. Continued tracking by the Water Quality Control Division
to insure that appropriate allocations are in place, will ensure continued point
source impact minimization.
Subsurface disposal systems are a growing problem in Region XII. With reduced
federal funding, individual sewaye disposal systems are likely to see increased use.
Thorough state, regional, and local reviews are needed for proposed systems.
Proper design, maintenance and proper disposal of septage needs to be ensured
through regula4ory review.
Wastewater treatment with individual sewage disposal systems should be managed
by encouraging clustering small scale subsurface systems. Innovative operation
and management approaches, such as pressure sewers, should be explored.
Where site conditions require wastewater collection and central treatment, efforts
should be made to consolidate treatment plants. Consideration, however, needs to
V I-36
be given 4o protection of insfream filows. Every efforfi should be made to consolidate
managemen4 agencies and special district boundaries, vvhere possible and
financially beneficiala At a minimum, proper long-term operation and maintenance
should be provided by a responsible operating enti4y.
NVVCCOG should pefiition the Water Quality Control Division fio apply s4ringent
requirements 4o fu4ure opera4ion plans fior proposed facili4ies during site application
review. Full compliance wi4h the Colorado Operator Certification Act should be _
required. The state should emphasize the legal responsibilify of the plant owner fio
support the plan4 operator vvifih 4imely repairs and reimbursemen4 for operations.
The sfia4e should promptly begin enforcement ac4ions for chronic poor operation of
4reatmen4 fiacili4ies.
. The use of pollu4an4 trading should be examined by the VVater Quali4y Confirol
Commission. During facili4y planning and drafting of Colorado Discharge Permits
(CDPS), the cost-effecfiveness of controlling nonpoint sources of critical pollutants
should be considered. Dischargers should be given credit fiowards CDPS limi4s for
removal of critical point source pollutants from nonpoint sources. As an example, ifi
i4 is cheaper for a discharger to remove fvvo pounds ofi a nonpoint source pollutant
from an upstream area, the CDPS migh4 allow the permittee to discharge an
additional pound of pollufian4 a4 the facility.
The curren4 recommendafiion as set forth in Policy 6 and the Management Chapter
in Volume II (Chap4er 5) calls for general purpose local governments to act as the
water quality management agency except where sanitation districts provide
vvastewater treatment services. In those cases, management agency func4ions will
be perFormed by the agency in a position to provide effec4ive water qualifiy control.
All recommended agencies have the authority and the capabili4y to carry out their
assigned responsibili4ies. No additional regulatory authorities are considered to be
needed afi this fiime because the performance of these recommended management
agencies has been excellen4 4o date.
Biosolids genera4ed by municipal and industrial wastewater treatment plants should
be disposed of and/or beneficially re-used according to a disposal plan approved by
_ the Colorado Department of Public Health and Environment, and the County.
- The Colorado Departmenf of Public Health and Environment has developed a
mandatory sys4em of approval for disposal sites and disposal methods.
Re-use of biosolids is sfirongly encouraged as an alternative 40 landfill disposal.
Efforts 4o beneficially use biosolids should be supported by local governmenfis.
V I-37
POLICY 5. CHEMICi4L MANAGEMENT
5.1 Policv Statement
The surface and groundwaters of the region shall be protected from the uses of
pesticides, fertilizers, algaecides, road deicing and friction materials, and other
chemicals which would temporarily or permanently cause a significant degradation
of water quality conditions or impair the current or classified uses.
5.2 Policv Obiectives
To ensure that the appropriate amount, rate, and scheduling of pesticide, fertilizer,
and road deicing and friction applications are determined and applied to protect the
region's water quality. To ensure that pesticides, fertilizers, road sanding materials, and hazardous
chemicals used in the region are properly stored, transported, and handled during
both normal and emergency operations.
To ensure that potentially hazardous household wastes are disposed of in a manner
that will minimize risk to the region's water resources.
5.3 Policv Justification
Pollution prevention is acknowledged as being the most cost effective means for
protecting water quality. The implementation recommendations below focus on
Best Management Practices which prevent or minimize the entry of polfutants into
the region's ground and surface waters. Most of these practices require planning
and coordination, but reduce the long-term costs of -chemical application and
environmental remediation.
- __5.4 Implementation Recommendations -
Decisions about limitations and management of agricultural, industrial, and
domestic chemicals should be based upon preparation of carefully designed pest
control and nutrient management plans reflecting integrated approaches to pest
control and detailed soil testing and plant analyses. Appropriate Management
Agencies will encourage education efforts in cooperation with the Natural
Resources Conservation Servicp and State Extension Service to inform the public
and other users of fertilizers and pesticides concerning the appropriate use and
alternatives to the use of these materials in order to minimize water quality impacts.
V I-38
,
Application ofi road deicing and friction materials should be conduc4ed 4hroughouf
the region in accordance with the follovding recommendations:
0 Sanding materials and chemical applicafiion rates should be the minimum
necessary to obtain safie and efficient operation of s4reets, roads, and highways.
0 Salf and o4her chemicals should be applied only wrhen removal of snow and
ice canno4 be accomplished by blading, plowing, or sanding. It is acknowledged
4hat a balance may need 4o be found with respect 4o environmental tradeoffs, for
example the use of pre-storm application of compounds to decrease the sanding
needs versus mechanical removal.
0 Measures should be 4aken 4o minimize and mitigate the use of sand and
chemicals in and adjacen4 4o environmentally sensitive areas including: streams;
. lakes; ponds; we4lands; potential aquifers; and #lood prone areas.
0 Chemically treafied or sanded snow and ice will no4 be dumped or s4ored
where melfi can flow directly info surface waters.
Consideration fior placement of snow sfiorage areas shall consider wa4er quality
issues, including the state requirement that direc4 discharges of snow storage areas
fo wa4erbodies require a Colorado Discharge Permit.
The Colorado Depar4men4 of Transportation, counties, and municipalities should
idenfiify al4erna4ives vvhich reduce the need for, or amoun4 of, road sand and salt,
including afterna4ives 4o car and truck forms of transporta4ion. The most promising
of these alternatives should be demonstrated a4 si4es throughout Region XII.
Local governmen4s should enact regulations fo require that storage and handling of
hazardous substances be conducted in accordance with the following general
guidelines:
o All materials should be kepf in appropriate containers and /or under cover,
well protected from precipi4ation and stormwater flows.
e All storage areas should be kept clean of spilled material.
* Handling and moving of materials should be limited as much as possible.
_ 0 Only "reasonable" quan4ities of toxic materials should be kept on hand.
0 Hazardous subs4ances should not be stored on potential aquifer recharge
areas and unstable slopes. Res4rictions should be extended to flood prone and
other geologic hazard areas.
o Storage, handling and transporting of large amounts of hazardous
subs4ances should be fracked and moni4ored throughout the region by the local
fire departments or designated emergency response provider.
Entities which depend on ground and surface waters for domestic water supplies
should develop appropriate protection programs, such as a wellhead protection
I-39
program pursuant to Section 1428 of the Safe Drinking Water Act or a watershed
protection program pursuant to CRS 31-15-707(1)(b).
The communities and solid waste disposal facilities in the region should encourage
responsible disposal of household hazardous wastes (oil, paint, acids, pesticides,
etc.) through public education autreach. Development of a region-wide hazardous
materials disposal program is encouraged.
~
The communities in the region should encourage waste minimization and source
reduction programs through public education and outreach.
V I-40
0
G°'OUCY 6. Me4Ni4GEIVIENT SYSTEM
6.1 PoO9Cl/ Sta$emeO'8t
The surfiace and groundvva4ers ofi the region shall be pro4ecfied by a management
agency s4ructure vvhich recognizes the existing governmental and regulatory
framework and allows decisions and management at the most appropria4e level of
control. Especially with respect to nonpoint source pollution prevention, the
recommended level of managemen4 is a4 the watershed 4eve{ (municipality and
county driven).
6,2 Po9'scv Obiectaves
To address wa4er quality pollution issues at the most appropriate level of authority
To address vua4er quality pollution issues using existing governmental and
regulatory s4ructure where i4 is appropriate.
6.3 Pofocv .Dustification
6.3.1 Bac8cground
" The federal Clean 1/Vater Act requires the governor of each state to designate
managemen4 agencies responsible for carrying oufi the provisions of approved wafer
quality management programs. Once designated by the governor and approved by
the Regional ,4dministrator of EPA, functional responsibility for carrying out the
provisions of the water quali4y management plan is legally assigned to tha4 entity.
Fur4her, the Federal Clean Vllater Act specifies fiha2:
o Future construction grants for wastewafier 4reatment fiacilities under Section
201 of the Act dvill be avvarded only 4o entities who are designated as
managemen4 agencies. _
- 8~ No discharge permit wrill be issued which is in conflict with the
recommendations of an approved 208 Plan as updated by the designated
planning and management agencies.
6e3.2 It 8ve Des6gnataon Process
The designa4ion of management agencies estabfishes par4 ofi the legal basis for
delegation of au4horities necessary 4o carry ou4 the recommendations of Vllater
V I-41
i
Quality Management Plans. The management agency structure recommended by
NWCCOG is described in Table 3.
In 1989, the Water Quality Control Commission approved the NWCCOG
management agency recommendations on the following condition:
Prior to submission of the current plan to the Governor and EPA, specific
management agencies shall be identified for each specific service area.
Special districts may serve as management agencies only if acting
cooperatively with a general purpose government, pursuant to identified
intergovernmental agreements.
6.4 Implementation Recommendations The following water quality management agency structure (Table 3) is
recommended for implementatian of the NWCCOG Regional Water Quality
Management Plan.
Table 3. Recommended Management A enc Structure Activity and Policy Management Agency
Areawide Water Quality Planning Northwest Colorado Council of Governments
Local Land Use Planning Counties and municipalities
Policy 1. Water Quality
Recommend water quality standards revisions NWCCOG, counties, municipalities, special
districts
Policy 2. Water Use and Development
Issue 1041 Permits Counties and Municipalities
Issue Special Use Permits / Right of Ways USFS, BLM, Counties
Issue 404 Permits US Army Corps of Engineers
Issue 401 Certification Colorado Water Quality Control Division
Policy 3. Land Use and Disturbance
Encroachment Counties, municipalities, special districts, federal
• land management agencies
Public Facilities Counties, municipalities, special districts, federal
- land management agencies, Colorado Department
of Transportation (CDOT)
Vegetative Disturbance Counties, municipatities, federal land management
agencies, Natural Resource Conservation Service
Soil Disturbance Counties, municipalities, federal land management
agencies, Natural Resource Conservation Service
Issue 1041 Permits Counties, municipalities
Impervious Cover Counties, municipalities
Stormwater Counties, municiaplities
V I-42
Policy 4. Domestic, Municipal and Indus4rial
1lVastes
Issue Colorado Discharge Permits 1Alater Quality Con4ro{ Division
Approve Site Appiications Water Quality Control Division
Review Site Applications NVIICCOG, counties, municipalities, special
districts
ilsssue 9041 Permits Counties, municipalities
Siosolids Apptications Water Quality Control Division, Counties
Colorado Dept. of Public Health and Environment,
Landfill Site Approvals Counties - Hazardous Materials Division
Policy 5. Chemical NAanagement
Spill Prevention and Cleanup Colorado Department of Public Health and
Environment, CDOT, municipalities, special
districts
Note that fiederal land managers (USFS, BLM, NPS) are also recommended as
management agencies for all policies on lands which they manage. All
recommended management agencies hold the needed authority 4o carry out their
responsibili4ies and have been safiisfac4orily fiulfilling tliese roles.
At this time, alfhough all sani4a4ion disfiricts consider themselves to be management
agencies, the followring dis4ricts operate under an intergovernmental agreement:
Breckenridge, Frisco, Kremmling, Morrison Creek
As other intergovernmenfial agreements (IGA) develop, they will be fonnrarded to the
„ Commission.
The following genera4 purpose governments have municipal wastewater treatment
facilities under 4heir jurisdiction, and 4herefore do no4 require an IGA:
The Towns of Eag1e, Gypsum., Hayden, Ho4 Sulphur Springs, Red Cliff,
Rout4 County (iVirlner, Phippsburg), Silverthorne, Steamboafi Springs,
Summi4 County (Snake River), and Yampa.
Sanitation disfiricts should enter into agreements with fiheir local general purpose
governmentai body which indicates their resolution to ac4 as the management
agency responsible for controlling point source discharges consisten4 with the 208
Pian, and agree to abide by the local government's regulations with respect 40
nonpoint source con4rol ofi water pollutants.
As is explained in !lolume II of 4his Plan, the VVafier Quality Control Commission is
vested by the S4a4e Legislature with the power 4o classify state waters, promulgate
water qualify s4andards, promulgate control and permit and regulations, and reviewr
classifications, s4andards and control regulations. Any individual or entity can, at
the appropria4e time, request the Commision to review classifications, standards, or
I-43
regulations, however, the authority to make those changes rests with the
Commission.
The recommended role of NWCCOG is to:
* Develop, review and revise the Regional Water Quality Management Plan;
? Provide outreach and education to its member jurisdictions;
* Support watershed water quality planning processes;
? Encourage and assist local governments in developing regulations which
address water quality issues as recommended in the 208 Policy Plan;
? Facilitate intergovernmental agreements which will further watershed water
quality planning;
? Provide technical support in development of water quality improvement
. projects;
? Review Site Applications, water quality standards, and permits in the region.
rtr\amiproldocs\208\96ti1 rev
V I-44
1996
NWCCOC REGIONAL VUe4TER QUALITY f1AfaNAGEMENT PLAN
02/29/96 DRAFT
VOLUME II - WATER QU,4LtTY PROGRAM DEVEL.OPMENT
Page
,
Table of Contents VII - 1
Executive Summary VII - 4
1.0 INTRODIJGTlON VII - 6
1.1 The Colorado River Basin VII - 7
1.2 The Yampa River Basin VII - 9
1.3 The North Platte River Basin VII - 9
2.0 RECIONAL WATEFd QIJALITY ASSESSNIEIVT SIJMfVIARY VII -12
3.0 CL,4SSIFICATBONS AND STANDARDS VII -16
3.1 Overview Of Colorado's Classifications And Standards System VII -16
- 3.2 Existing Water Quality Standards VII -17
3.2.1 Table Value Water Quality Standards VII -17
" 3.2.2 Outstanding Waters in the Region VII -17
` 3.2.3 Use Protected Waters in the Region VII -18
4.0 REG10N,4L 1!il,4TER QU,4LIT1( ISSUES VII -20 4.1 Point Source Impacts VII -20
4.1.1 Municipal Dischargers VII -ZO
4.1.2 Industrial Dischargers VII -20
4.1.3 Construction Activities VII -21
_ 4.2. Nonpoint Source Impacts _ VII -21
4.2.1 Land Use and Disturbance VII -22
4.2.1.1 Inactive Mines VII -22
4.2.1.2 Development VII -23
4.2.1.2.1 Stormwater VII -23
4.2.1.2.2 Septic Systems VII -23
4.2.1.2.3 Wetland and Riparian Area Losses VII -23 .
4.2.1.3 Agriculture & Silviculture VII -24
4.2.1.4 Recreation Impacts VII -24
4.2.2 Water Use and Development VII -25
4.2.2.1 Hydrologic Modifications VII -25
VII-1
Page
4.2.2.1.1 Transbasin Diversion VII -26
4.2.2.1.2 In-Basin Diversions VII -26
4.2.2.2 In-Basin Changes in Water Usage VII -26
4.2.2.2.1 Municipal and Domestic Usage VII -26
4.2.2.2.2 Industrial Usage Vil -26
4.3 Colorado River Basin Salinity Vil -27
4.4 Groundwater Issues VII -29
5.0 IVIAfVAGEMENT SYSTEMS Vil -30
5.1 Clean Water Act Vil -30
5.2 Colorado Water Quality Control Commission VII -30
5.3 Point Sources Vil -31
5.3.1 Industrial Dischargers VII -31
5.3.2 Wasteload Allocations Vil -31
5.4 Nonpoint Sources Vil -32
5.5 Colorado River Basin Salinity Control Forum Vil -32
5.6 Colorado River HeadiNaters Forum VII -32
5.7 Regional Management Agencies Vil -33
6.0 ENVIRONMENTAL, SOCIAL, AND ECONOMIC IMPACTS Vil -34
s _ OF THIS IPLAN
6.1 Environmental Impacts VII -34
6.1.1 Overview VII -34
6.1.2 Previously ImpNemented Plan Recommendations Vil -35
6.1.3 Future Plan Recommendations Vil -36
6.2 Social and Economic Impacts VII -37
6.2.1 Overview VII -37
6.2.2 Previously Implemented Plan Recommendations VII -38 '
6.2.3 Future Plan RE~commendations Vil -39
7.0 PLi4N IW6PLEMENTATIONI Vil -40
8:0 WATERSHED 11VATER GZUALITY MANAGEMEiVT PLAIVS
Blue River Water Quality Management Plan B 1- B 49
Eagle River Water Quality Management Plan E 1- E 39
North Platte River Water Quality Management Plan NP1 - NP 18
Roaring Fork Water Quality Management Plan RF1 - RF 43
Upper Colorado River Water Quality Management Plan C 1- C 46
Upper Yampa River Water Quality Management Plan Y 1- Y 38
VII-2
1996
NWCCOG REGIONAL WATER Ql1ALITY MANAGEiVIENT PLAN
APPENDICES
Appendix 1. Glossary
Appendix 2. Towns and Counties within Region XII, and Population Projections
Appendix 3. Wastewater Treatment Plants within Region XII, including: capacity,
type of treatment, sludge disposal method; rates; age; condition
Appendix 4. Wa4er providers within Region XII, including: gallons per year;
population served; rates, etc.
Appendix 5. Select water quality data from Region XII, with references for
expanded water quality data.
Appendix 6. Stream standards and classificafiions for wa4er within Region XII.
Appendix 7. Impaired Uses S4ream Segmen4s within Region XII (304(I) list).
Appendix B. CDPS permit holder list for Region XII (including stormwater
permits)
' Appendix 9. Designated fVianagement Agencies Agreements
Appendix 10. Sample Local Government Water Quality Regulations
Appendix 11. Example Best fVianagemen4 Practices
Appendix 12. fVIAPS, fViAPS, iVIAPS
_ Index
!!II-3
EXECUTIVE SUMMARY
02/29/96 DRAFT
The Guidelines for Water Quality Planning in Colorado require annual updates of the
Areawide Water Quality Management Plans under Section 208 of the Clean Water
Act. The Purpose of the Northwest Colorado Council of Governments (NWCCOG)
1996 Regional Water Quality Management Plan is to satisfy the requirement for an
update of the Plan to reflect the progress in plan implementation. A second purpose
of the Plan is to address the current focus on water quality planning from a
watershed perspective. . The NWCCOG Regional Water Quality Management Plan (208 Plan) 1996 update is
structured to satisfy the requirements established under the applicable State
Guideiines and to satisfy local planning requirements. which dictate a flexible and
innovative approach to water quality planning to avoid future water quality problems.
The 1996 208 Plan is composed of two voiumes and a set of technical appendices.
Volume I is presented in a policy plan format and describes the program
recommendations to protect and enhance the level of water qua(ity consistent with
the requirements of the Clean Water Act Volume I is intended to provide the
direction for water quality decisions resulting from activities which have the potential
to generate both point and nonpoint sources of water quality degradation in the
_t Region. Volume I of the plan is organized around six policies which will lead to
, maintaining and improving watEr quality in the region. Under each policy,
Implementation Recommendations are presented for use by agencies who have and
will continue to implement the plan. These management agencies are identified in
Policy 6 of Volume I, and the rationale for their selection is discussed in Chapter 5 of
Volume II - Management Systems.
Volume II describes the water quatity program development in a format similar to the
specific items contained in Colorado's planning guidelines. Volume !1 draws on
material contained in previous 208 Plan submittals and from technical appendix
- information. Vofume ii provides supporting information for the development and
adoption of water quality management policies currently in practice in Region XII.
The appendices provide supporting technical information regarding specific water
quality issues addressed in the plan.
A significant change from previous NWCCOG 208 Plans is that the water quality
management plans presented in Volume II are organized on a watershed basis,
whereas previous 208 Plan water quality assessments were done on a county basis.
Table 4 provides a summary of the requirements for water quality planning
established under the State Guidelines compared to the elements contained in the
1996 NWCCOG 208 Plan. While it is clear from this table that the Policy Plan
VII-4
(Volume t) together with the technical appendices contain all of the State required
elements. a two volume format was chosen to increase the utility of the 208 Plan.
The content of Volume I has not been substantially changed, although the form has
been changed. The number of policies has been reduced from eleven to six.
Table 4 Water Quality Planning Elements
i 208 Plan Element Plan Policy (V.I) Program Appenaix
i Devel.
! 1 2 3 4 5 6 (V.II) 1 2 3 4 5 6 7 8 9 10
~ Faciliry location x x x x
Facility needs x x
Facility capacity x x
, Faciliry timing x x
~ Population projections x x
~ Service area x
Treatment level x x x
Permit conditions x
Wasteload allocations x x x
NPS Information x x
Management agency x x x
WQ standards recomm x x x x x
,s Hydrologic modifications x x
Stream setbacks x x x
Silviculture activity x x
I Construction actiyity x x
~ Urban runoff x x
Chemical management x
WQ assessment x x
BMP recommendations x x x x x x x
Water efficiency x x x
- Model development codes - x
Mine drainage management x x
Agricultural management x x x x
VII-5
1.0 INTRODUCTION In 1972 the US Congress overrode a presidential veto to pass the Federal Water
Poliution Control Act Amendments of 1972 (PL92-500), also known as the Clean
Water Act. This Act has been ftarther amended with significant changes in 1977
(PL95-217) and 1987 (PL100-4). The Clean Water Act states that the ultimate
objective of the Act is to "restorP an maintain the chemical, physical, and biological
integrity of the Nation's waters".
In beginning the process of water quality improvements, the Clean Water Act
identified a number of planning programs to be initiated at various levels of
government.
In Colorado, the Coiorado Water Quality Control Commission (WQCC) is responsible
for regulating water quaiity through the establishment of water quality classifications,
designations, standards, and controi reguiations to protect the beneficial uses of the
streams and lakes in the state.
To maximize efficient use of resources, Section 208 of the Act established an
areawide approach to planning for the abatement of pollution: Section 208 provided
criteria to design local plans, based on an integrated and comprehensive planning
process. The state of Colorado has continued to use regional planning agencies as
defined in the Act.
The Northwest Colorado Council of Governments (NWCCOG) was designated the
areawide waste treatment management planning authority, under Section 208, in
February 1976 by the governor of Colorado. NWCCOG develops and maintains the
Areawide Water Quality Management Plan (208 Plan) as a means of preserving and
enhancing state water quality standards and classifications for both surface and
groundwater.
The Northwest Colorado Councii of Governments' planning region includes Eagle,
Grand, Jackson, Piktin, Routt and Summit Counties. These counties include portions
of three river basins: the Colorado River Basin; the North Platte River Basin; and the
Yampa River Basin.
The state is divided into seven geographic divisions for the administration and distribution of water in Colorado, under the Office of the State Engineer and the
Division of Water Resources. These divisions do not neatly correspond to the
planning regions with respect ta the Water Quality Management Plans. The following
information comes, in part, from "Cotorado Water" produced by the League of
Women Voters, 1992, and the USGS publication entitted "Hydrology of Area 58, ~
Northern Great Plains and Rocky Mountain Coal Provinces, Colorado and Utah",
1987. .
VII-6
1.9 The ColoPado River Basin
The Colorado River basin extends from Loveland and Berthod Passes on the east to
the state line on the west, an east-west length of approximately 200 miles. The
north-south boundaries are generally between 50 to 100 miles wide. The major
tributaries include the Fraser, the Williams Fork, the Blue, the Eagle, and the Roaring
Fork rivers. The basin, including the Gunnison basin which is not part of this plan,
encompasses 13;132 square miles (8,404,480 acres).
Agriculture is still the dominant water user, with diversions of 2,415,950 acre-feet per
year for the irrigation of 359,800 acres. Industrial diversions tofial approximately
2,392,400 acre-feet. The greatest expansion in industrial use during recent years has been for snovu making at ski areas and there has been increasing pressure for
instream flows for other recreational uses such as fishing and rafting. .
Transmountain water diversions historically total about 510,000 acre-feet per year
from the Colorado River basin to Front Range cities and agriculture. The
Colorado-Big Thompson and the VVindy Gap projects supply approximately 272,000
for agriculture and municipalities on the Front Range. The Roberts and Moffat
tunnels supply approximately 121,000 acre-feet per year to the Denver metropolitan
area. The Boustead, Twin Lakes,and Homestake tunnels and other continental
divide diversions supply approximately 117,000 acre-feet of western slope water to
Colorado Springs, Aurora, and agriculture in the Arkansas River basin.
-Most of the annual streamflow in the perennial streams results from snowmelt during
the months of May, June and July, when the high elevation deep snowpack melts.
Streamflow characteristics have changed significantly from natural conditions due 40
reservoir storage. Streamflow is highly variable, both within any given year and
befirveen individual years. Lovv flows on perennial streams are sustained by flows
from groundwater, gradual melting of perpetual snow fields and reservoir releases.
Surface water storage (including the Gunnison basin) exceeds 2.3 million acre feet,
wifih most of this storage in a fevv large reservoirs. This storage capacity is
approximately 60 percent of the average annual sfireamflow in the basin. The
storage capacity in Colorado basin portion of NWCCOG's region is 1,208,080 acre
fieet.
The Northwest Colorado Council ofi Governments is responsible for producing the
VVater Quality Management Plan for the upper portion of the Colorado River basin.
Essentially, the planning area includes all the major tributaries previously mentioned,
bufi excludes the area downstream of Eagle County (this includes the confluence of
the Roaring Fork and Colorado River at Glenwood Springs). The drainage area for
this basin, the Upper Colorado River basin, is approximately 6,010 square miles (3,846,400 acres). Figure 3 illustrates the Upper Colorado River Basin.
VII-7
d
r Cotorado River Basin MaP•
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1.2 The Yarrrpa River Basin
The river flows in the Yampa, White, and North Plafte River basins are all
administered by Water Division 6 out of Steamboat Springs. This area encompasses
approximately 11,000 square miles in the northwest corner of the state. The major
drainages administered by Water Division 6 include the Yampa, the White, the
Green, and the North Plafte rivers. The annual average precipitation ranges from
eight inches in tlie west to overl60 inches in the mountain ranges. Most of the
precipitation falls as snow between the months of November and April. Most annual
streamflow is from snowmelt runoff during spring and early summer. Irrigation
diversions affect sfreamfilow during the summer growing season.
Approximately 30,000 people live in Division 6, which also includes areas of the state
nofi within Region XII (iVVUCCOG's regional planning boundaries). Ranching, coal
production, recreation, and tourism are the major economic activities. Nearly 8,000
individual decreed water rights are administered by the Division, disfiributing some
902,000 acre-feet of water for irrigation. The predominant crops are grass hay, and
alfialfa hay used fior the maintenance of large herds of caftle and sheep.
The Northwes4 Colorado Council ofi Governments is responsible for producing the
VVater Quality iVianagement Plan for the UDpe_r o ion ofi fihe Yampa River basin
(Routt Counfy) and the North Plafte River basin (Jackson County) in Colorado.
In F2ouft County 4he major land uses.include livestock grazing, timber haniesting,
" farming, mineral production, residential, and recreafiion. There is significant
population fluctuation in the county due to the recreational uses of the county. Land
ownership in Routt County in 1984 was 60% federal, 6% state, and 34% private. In
1990 the permanent population of Routt County was 14,229 persons. The Upper
Yampa River Basin is. shown in Figure 4.
1.3 The NOP$h PIatte R9VeP BaS9Y9
The headwaters of the Norfh Plafte River basin are located in Jackson County
(Figure 5). -Ranching, mining, and logging are the predominant economic activities in
the County. The population of Jackson County in 1990 was 1,597 persons and
1,733, in 1994. A significant aspect of the North Plafte River in Colorado is the
Nebraska versus Wyoming Decrees (325 US 589 (1945), and 345 US 981 (1953))
which limits the State of Colorado from diverfiing more water than that needed to .
irrigate 145,000 acres of land in Jackson County, prohibits storing more than 17,000
acre feet of water in any year for irrigation purposes, and prohibits the export of more
4han 60,000 acre feet of water out of basin in any ten year period.
V11 -9
Figure 4. Upper Yampa River Basin Map.
010
cc Suonroeat RMonres . ~
a a
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V 11 -10
Figure 5. Upper North Platte River Basin Map.
Jeckson County
(North Park)
Denver
coLORAoo
WALDEN
d ~
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9~.
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. VII-11
2.0 REGIONAL WATER QUALITY ASSESSMENT SUMMARY
Most of the streams in Region XII are very high quality, supporting all desired uses
(although not in every stream reach). This general assessment is supported by the
Reconnaissance Evaluation of Surface Water Quality in Eagle, Grand, Jackson,
Pitkin, Routt and Summit Counties prepared in 1979 by the USGS for NWCCOG and
by the assessment of water quality of each watershed in Chapter 8 of this Volume .
The emphasis of water quality planning in Region XII is largely directed toward preserving this existing high quality. There are some areas, however, where
improvement of water quality is necessary and reasonable to restore beneficial uses,
particularly with regard to acid mine drainage from historic mining areas.
. The water quality assessment includes specific sections on both point and nonpoint
source water quaiity issues in each of the region's watersheds. The assessment
provides the basis for ranking problems within the region. Considering water quality
problems which need to be corrected to meet the objectives of the-federal Clean
Water Act throughout the regiori, the following are listed in order of priority (highest,
or most serious, to lowest):
Acid Mine Drainage
Nonpoint SouPCe Pollutants From Development Areas
Point Source Discharges From Developed Areas
Hydrologic IVlodifications From Water Projects
Large Area Soit Distu.rbance Activities
. Roadways and Pavements This qualitative ranking is based on the existing or potential seriousness of the
impact; miles of stream affected or likefy to be affected, and the degree of present or
potential control of the problem.
Five of the six significant water quality issues in Region XII are nonpoint source
issues. The State's 305(b) Report which discusses water quality threatened stream
segments (individual segments are discussed in the individual watershed plans in
Sections 2 and 8) are point source oriented because the system for identifying
threatened segments is point source oriented. Point source controls will be applied
to prevent damage to the threatened stream segments. The real challenge for water
quality management lies in the area of nonpoint source control. Each problem
category is briefly discussed below and is discussed in detail in Chapter 8 of Volume
V 11 -12
II under the status of watershed water quality assessments and nonpoint source
control programs in the watersheds.
. Acid Mine Drainage
Acid mine drainage impedes attainment of water quality standards for several
streams in the Blue, Eagle, Roaring Fork, and Yampa watersheds. These streams
are described in the Colorado Inactive Mine Reclamation Plan produced by the
Colorado Division of Minerals and Geology and in the water quality assessments contained in Chapter 8 of Volume II of this plan. Of particular concern are: Cross
Creek and the Eagte River near Minturn; Oak Creek in Routt County; and French
Gulch, Peru Creek, and the Snake River in Summit County.
Monpoin$ SouPCe PoBlutants Frorn DeveGopmen$ Areas
Nonpoint source pollution from development areas is a significant issue in Region
XII. Water pollutants in nonpoint source runoff from urbanizing areas include
nutrients (nitrogen and phosphorus), sediment, heavy metals, petroleum products,
and organic pesticides. In Summit County, roughly one quarter of 4he phosphorus
contributed to Dillon Reservoir is generated by nonpoint source runoff from human
activities in the watershed. Preventing eutrophication in Dillon Reservoir requires
tight controfs on nonpoint sources. More detail on specific sources is provided in
`Appendix 5. Dillon Reservoir presents an example of the types of issues that are
likely to increase in seriousness throughout the State in the future. As the rural West
Slope grows, the areas contributing to construction-related erosion and urban runoff
will also increase.
Pount Source DeschaPges From Developed Areas
Point source discharges in,Region XII are typically well managed. Advanced
wastewater treatment is often required for ammonia removal to protect fisheries and
advanced phosphorus removal is required in the Dillon and Green Mountain
Reservoirs' watersheds. Continued attention to point sources is needed to ensure
that the region's high quality water streams are protected.
HydPOBogic Modifications From Water PPOjects
Hydrologic modifications are changes in stream channels, stream flows or the timing
of 4hose flows, generally resulting from water projects. Wa4er quality impacts
accompany major water use and development projects. The amount of water
available to dilute natural and human induced pollutants is reduced, cosfis for
VII-13
wastewater treatment are increased due to lower stream flows (lower dilution flows),
fish are stressed more often when iow flows are combined with factors such as
higher water temperatures and poor food suppiies, water suppiy uses are eliminated
when water is not present in a stream, stream channef morphoiogy is impacted as
, the stream volume is reduced in relation to the stream cross-section which resuits in
higher water temperatures and lower stream capacity to move sediment [Effects of
Flow Diversion on Downstream Channel Form in Mountain Streams, Sandra Ryan
and Neil Caine, Completion Report 176, December 1993, Colorado Water Resources
Research Institute; Applied Fluvial Geomorphotogy, Dave Rosgin, 1995]. Some
recreational uses are also deppndent on stream flows, such as rafting and boating in
lakes. Water use and developrnent projects are listed as a significant water quality
issue in the region in terms of potential to degrade existing high tevels of water
. quality because of the number of uses affected and the extent of impact. All basins
in the region, with the exception of the North Platte, and to a lesser degree, the
Upper Yampa, are potentiatly affected by hydrologic modifications. Hydrologic modifications resulting from existing and projected water use and development
projects in Region XII are also discussed in more detail in Section 4.2.2 of this
Volume.
As a basis for comparison with other types of water quality degradation, a few
numbers may be useful. According to State Engineer Office Division V records,
Region XII transbasin diversions to the eastern slope totaled 606,817 acre feet in
1993. At the USGS Colorado River gauge below Glenwood Springs, total flows for
1993 equaled 2,874,000 acre feet. Based on rough estimates for water consumption
, for various uses (as estimated by the Division V Engineer, in-basin consumption in
1993 was about 318,000 acre feet. Thus, the total consumption in the basin was
approximately 24% of the total stream flow, and the transbasin diversions amounted
to approximately 2/3's of this consumption.
In-basin water use can also rai5e water quality concerns. Included in these concerns
are: conversion of agricultural water to municipal use (loss of groundwater recharge);
change in timing of return flows (specifically related to snow making); and
"dewatering" stream segments between water diversion and wastewater return flows;
- - and the "consumptive use" of various beneficial water uses. In-basin consumption
can be calcufated using general figures of 10% consumption for municipal use,
20-25% consumption for snow making, and approximateiy 1.8 acre-feet per acre
rrigated for agriculture (Water Division V estimates).
Large Area Soil Disturbances
Large area soil disturbance activities such as mining, grazing, timber harvesting, and
ski area expansion present the potential for large water quality impacts. The US
Forest Service has identified areas where excessive soil loss from existing timber
harvest operations require remedial actions to protect water quality. In addition,
V 11 -14
large area surface mining operations can contribute excessive soil loss. At present,
these operations are well managed under permits from the Colorado Division of
Minerals and Geology and the US Forest Service. All watersheds in Region XII are
potentially vulnerable to water quality impacts resulting from large area soil
distrubances.
Roadways And Pavemen$
1/Vater quality problems associated with roadways and pavements include sediment
and associated nu4rients resulting from road cuts and fills, continuing erosion of
unstable slopes adjacent to roads, erosion of unpaved road and parking surfaces,
and road sanding operations. To a lesser degree, heavy metals, pefroleum products,
and hazardous materials spills along roadways near waterbodies also have been
documented to impact water quali#y. The Colorado Department of Transporta4ion
has a program underv?ray to address these concerns while also considering public
driving safety and existing funds and needs. All watersheds in Region XII are
potentially vulnerable to vuater quality impacts from fhis type of activity, although fhe
major areas of concern are in those areas vuhere development has or is occurring.
11 -15
3.0 . CLASSIFICATIONS AND STAfVDARDS SYSTEM
3.1 Overview Of Colorado's Classifications And Standards S.ystem
,
The system for assigning surface and groundwater classifications and standards is
administered by the Water Quality Control Commission and Division and is based on
adopting use classifications that identify those uses to be protected on a stream
segment and then adopting numerical standards for specific pollutants to protect
those uses. ,
Use classifications and numeric water quality standards have been adopted for
streams, lakes, and reservoirs throughout each of the State's river basins. Within
each basin, waters are divided into individual stream segments for classification and
standard setting purposes. Water quality standards -are appiied in a regulatory
context principafly through Colorado Discharge Permit System (CDPS) where point
spource dischargers are regulated to ensure that water quaity standards are met.
Site-specific water quality classifications are intended to protect all existing uses of
state waters, and any additional uses for which waters are suitable or are intended to
become suitable. The current use classification categories are: recreation (class 1 or
2); agriculture; aquatic life (cold or warm water, class 1 or 2); water supply; and
wetlands.
• For each classified stream seginent, numeric water quality standards are adopted
that are intended to maintain water quality at a level sufficient to protect the classified
uses. There are three potential approaches to the adoption of site-specific numeric
standards. First, table value standards (NS) are based on criteria set forth in three
tabies contained in the Commission's Basic Standards and Methodologies for
Surface Waters (3.1.0 5 CCR1002-8). These are levels of pollutants determined to
be generaf(y protective of the corresponding use classifications, and are applied in
most circumstances, unless site-specific information indicates that one of the
following approaches is more appropriate. Second, ambient qualify-based standards
- - - i.e. standards based on the existing instream quality, may be adopted where natural
or irreversible pollutant levels are higher than would be allowed by tabfe vaiue
standards, but are determined adequate to protect classified uses. The third option
is to adopt site specific standards where a bioassay or other site specific analysis
indicates that alternative numeric standards are appropriate for protection of classified uses.
!n addition to water quality classifications and standards, either of two water quality ,
based designations may be adnpted in appropriate circumstances. An "Outstanding
Waters" designation may be applied to certain high quality waters that constitute an
outstanding natural resource. No degradation of outstanding waters by regulated
Vfl-16
activities is allowed. A"Use-Protected" designation may be applied to waters with
existing quality that is not better than necessary to support propagation of fish,
shellfish, and wildlife and recreation in and on the water. The quality of these waters
may be altered so long as applicable water quality classifications and standards are
met. Waters that are not given one of these designations are subject to the State's
Antidegradation Review requirements before any new or increased permitted water
quality impacts are allowed:
3.2 Existing 1AIateP Quali$y Standards The surface vuaters of the region have been divided into stream segments and
classified by the Water Quality Con4rol Commission. Certain stream segments in
the region writh known wrater qualify problems have been identified, and are classified
as either Water Quality Limited, Partially Supporting, or Not Supporting Designated
Uses, as presented in each of the watershed plans.
3e2e1 Table !lalue Water Quality Standards
Most of the s4ream segmen4s in our region meet or exceed fiable value standards.
These standards are based on levels of pollutants determined to be generally
protective of the corresponding use classifications. Additional information on the
specific stream segments can be found in each of the vuatershed plans. The Basic
" Standards and Classifications which are applicable to the Region, including the basis
and purpose for the standards and classifications can be fiound in Appendix 6
3e2.2 Out.standing Wa$ers in the Regaon
Outstanding Waters designation is applied to certain high quality waters that
constitute an outstanding natural resource. No degradation of these waters is
allowed. The following stream segments in our region are currently designated
"Outstanding Waters". _
Headwaters of the Colorado River in Rocky iVlountain National Park (Upper
Colorado River Segment 1)
Fieadwaters of the Roaring Fork River in the Snowmass/Maroon Bells and
Hunter/Frying Pan VViIderness Areas Roaring Fork River Segment 1)
Tributaries 4o the Encampment, North Platte, and Yampa Rivers in the Mount
Zirkel 1/Vilderness Area (North Platte and Yampa River Segment 1)
V 11 -17
3.2.3 Use-Protected Waters In The Region
Use Protected designation is applied to waters of the state that the Water Quality
Control Commission has determined do not warrant the protection provided by
"Outstanding Waters" designation or the antidegradation review process. The quality
of these waters may be altered so long as applicable water quality classifications and
standards are met. The following are the stream segments in our region which are
designated "Use Protected".
Willow Creek - mainstem of unnamed tributary (Church Creek) to Willow Creek
from the headwaters to confluence of Willow Creek (Upper Colorado River Segments
6b and 6c).
Soda Creek - from the source to Dillon Reservoir (Blue River Segment 5).
Snake River - from the source to Diflon Reservoir, excluding Deer and Keystone
Creek (Blue River Segments 6 and 7).
French Gulch - from 1.5 miles below Lincoln (site) to confluence with Blue River
(Blue River Segment 11).
Illinois and Fredonia Gulches - from their source to their confluence with the Blue
River (Blue River Segment 12).
" All tributaries to the Blue River below Green Mountain Reservoir (Blue River
Segment 20).
Eagte River from Belden to confluence with Gore Creek (Eagte River Segment 5).
Alkali and Milk Creek, from their source to the confluence with the Eagle River
(Eagle River Segment 11).
Brush Creek from its source to the confluence with the Roaring Fork River
(Roaring. Fork River Segment 4). -
North Fork of the Plafte River tributaries, excluding those tributaries in the Mount
Zirkel Wilderness Area (North Plafte River Segment 4).
Michigan River from its source to the confluence with the North Plafte River
(North Plafte River Segment 5).
Government Creek mainstem from Colorado State Forest to the confluence with
the North Plafte River (North Plafte River Segment 7.
V 11 -18
n
Spring Creek from its source to 4he confluence with the Illinois River fVorth Platte
River Segment (Rlorth Platte River Segment 7).
Little'White Snake River from its source to the confluence with fhe Yampa River.
(Yampa River Segment 4b)
Tributaries to the Yampa River from the confluence with the Elk River to the
conffuence with the Elkhead River which are not on Forest Service land, except for
Troufi Creek, Foidel and its tribu4aries (Yampa River Segment 12).
VVa4ers that are not given the designafiion of "Oufistanding 1Naters" or "Use Protected"
are subject to 4he State's Anfiidegradation Review requirements before any nevu or
increased permit4ed water quality impacts are allowed. More information on stream
standards can be found in each of the vuatershed plans under Water Quality
Standards and Classifications.
VII-19
f
4.0 REGiONAL WATER QUALITY ISSUES
4.1 Point Source Impacts
Point sources discharges can be defined as discharge of water from a discernible,
confined, and discrete conveyance, such as a pipe, ditch, channel or conduit, from
which pollutants are, or may be discharged. Point sources do not include irrigation
return flows. The point source impacts within our region come from three types of
sources which are permitted by the Colorado Department of Public Health and
Environment's Water Quality Control Division under the Colorado Discharge Permit
System (CDPS). These sources are: Municipal Dischargers; Industrial Dischargers;
and Construction Activities.
4.1.1 Municipal Dischargers
Municipat wastewater dischargers include both public and private dischargers which
treat domestic and commercial wastewater. The generat pollutants of concern from
these facilities are: toxics such as metals and ammonia which are harmfut to aquatic
life; suspended material, mostly organic wastes, which use up oxygen in the water to
decompose; nutrients, such as nitrogen and phosphorus compounds, which cause
algae growth; and pathogens (organisms which cause disease). The Water Quality
Control Division has authority to permit facilities which discharge over 2,000 gallons
per day. Most individual septic; systems discharge less than this amount and are
permitted under County regulations which are required by the State to meet certain
minimum state-wide standards. Specific municipal dischargers are discussed in
each of the watershed plans urider Point Source Water Quality Issues, and in
Appendix 3. Domestic wastewater facility discharge permits are written by the state
with EPA oversight.
The.state defines major municipal wastewater treatment plants as those discharging
greater than 1 million gallons per day (MGD). In tPSe area coverd by this plan there
are 14 major municpal wastewater treatment plants: four in the Blue; three in the
Colorado; three in the Eagle; three in the Roaring Fork; and one in the Yampa.
4.1.2 Industrial Dischargers
There are a limited number of industrial dischargers in Region XII. They all hotd valid
discharge permits and they are all operated under the terms of their permits. For the
. most part, industrial dischargers within our region are mining operations. Discharges
from these facilities are also permitted by the Water Quality Control Division:
Potential pollutants from industrial facilities in our region generaily include: sediment,
VII-20
which is a source of nutrients and also can "smother " the bottom of streams; heavy
metals, and hazardous materials spills and leaks. Specific "major" industrial
dischargers are discussed in the appropriate watershed plan under Point Source
Issues - Industrial Activities. Industrial dischargers in the region are listed in
Appendix 8. .
Industrial discharges are permited by effluent and industry type. There are three major industrial permits within Region XII: the Eagle Mine; Cyprus Climax which ,
operates the Henderson and Climax facilites; and the Cyprus Yampa Valley Coal
Company. Industrial discharge permits are written by the state with EPA oversight.
There are a number of specific point sources within the region which do not have
permits - these are inactive or abandoned mines which have a discharge from the
mine. These sites have been identified by the Department of Minerals and Geology,
and some are known to impact the classified uses of.specific stream segments. The
significant sites are discussed in the appropriate watershed ptans.
4.1.3 COPES$PlBC$90BB AC$9!/ltteS
Construction activities which disturb more than five acres of land are considered to
be an industrial activity under the Clean Water Act and require a stormwater
discharge permit. As 4he activity is required to be permitted, it is considered a point
source discharge, although 4he requirements of the permi4 are generally "Best
Nianagement Practices" directed towards controlling nonpoint source pollutants and
hazardous materials spill prevention. These permits are issued by the Water Quality
Control Division. The potential pollutants of concern are similar to the other industrial
poilutants - sediment, and hazardous material spills. These permits are listed in
Appendix 8.
Point sources from construction dewater activities are also controlled through the
Water Quality Control Division's permitting process.
4.2 F8onpoi-nt SouPCe Impacts
Nonpoint sources of pollution can be defined as those sources resulting from diffuse
sheet flow of stormwater or snowmelt runoff or reduced stream flows. Nonpoin4
sources include: runoff from mine tailing piles, roads, residential, and commercial
land uses; irrigation return water, and clearcut areas; failing or inadequate septic
systems; and hydrologic modifications. Hydrologic modifications are changes in
water quality resultant from reservoirs, releases from reservoirs, or water diversions.
The impacts of this type of nonpoint source pollufiion has been previously discussed
(Volume I, Policy 2, and earlier in this volume). The State has a Nonpoint Source
Managemenfi Program which was approved by 4he EPA in May of 1989 which is
V 11 -21
designed to address the problems identified in the State's "Rlonpoint Assessment
Report" (November 1989).
4.2.1 Land Use and Disturbance
Development of land for residential, commercial, agricultural, and industriat use can
have significant water quality impacts, especially when viewed cumutatively. Some
of the nonpoint source issues related to land development include stormwater runoff,
impacts of septic systems, habitat disturbance and loss, and recreational impacts.
There are numerous pollutants which come from general fand use activities. Runoff
pollutants include: sediment; nutrients; heavy metals such as zinc, lead, copper,
. cadmium and nickel; salt; PCBs; pesticides; petroleum products; and asbestos.
4.2.1.1 Inactive Mines
The impacts of mining have been previously discussed in the point source section,
however, nonpoint source water quality impacts have also been identified in our
region. These impacts are a resuft of runoff which comes in contact with mine tailing,
waste rock, and roaster fines piles. These "(eft overs" of mining activities contain
heavy metals, and sulfide products which form sulfuric acid when exposed to water.
Heavy metals are toxic to aquatic life at low concentrations and also act as
"stressors" at sub-lethal concentrations. Acidity can also cause mortality and act as
. a stressor to aquatic life.
A number of inactive mine sites have been identified in the watershed plans as
impacting water quality in the region. The stream segments are:
Blue River Watershed
Peru Creek
French Creek
Upper Blue River (Segment 2)
Upper Snake River _
Eagle River Watershed
Cross Creek
Upper Eagle River (Segment 5)
Eagle River (Segment 5)
Roaring Fork Watershed
Thompson Creek
Coal Creek
v 11 -zz
Yampa River Basin
Oak Creek
Policy 1, Water Quality, recommends actions to reclaim these sites and minimize the
associated water quality impacts.
4.2.1.2 Development
Land development practices can impact water quality through increased pollutant loads, increased runoff (both in quantity and velocity), and wetland and riparian
habitat losses, as described below. A nonpoint source water quality management
plan produced by the Rlorthwest Colorado Council of Governments for the Town of
Vail in 1995 indicated that the runoff water pollutants of most concern include:
sediment, dissolved solids (salt); petroleum compounds, nutrients, and heavy metals.
4.2.1.2.1 Stormwater
Stormwater runoff concerns are not only limited to pollutants, but also to timing and
quantity of water. Increases in impervious surfaces such as roads, houses, etc.,
increase the amount of runoff and increase the rate at which the runoff occurs. This
can lead to increased flooding which impacts water quality by increasing erosion and
therefore sediment and nutrient inputs.
4.2.1.2.2 Septic Systems
Another land use concern is an increase in density and design of septic systems -
especially those constructed on marginal sites (poor soils, fractured bedrock, and
high groundwater tables) which can lead to high inputs of nutrients (phosphorus and
nitrate), and potentially harm human health through transmission of water-borne
pathogens.
4.2.1.2.3 Wetland and Riparian Area Losses
Habitat disturbance and loss is another significant issue associated with land
development which has secondary impacts to water quality. The habitats referred to
are: wetlands, riparian areas, floodplains, and shorelines which provide natural
filtering of poltutants, flood water buffering, and provide shading which reduces water
temperature and algae growth.
VII-23
4.2.1.3 Agriculture & Silviculture
Agriculture and silviculture (logying) activities can cause increased sediment,
nutrients, and dissolved sofids from associated land disturbance and fertilizer
applications. In addition, crop and forage production is responsibie for iarge water
withdrawals for irrigation, and riparian and wetland disturbance and foss which has
secondary impacts on water quality.
Policy 3, Land Use and Disturbance; deals with the impact of land use and
development throughout the region. The policy recommendations are being
implemented at the local government level and at the federal level for those land use
agencies which have the appropriate authority. With respect to agricultural and
. silvicultural impacts, the policy r-ecommendations are voluntary implementation of
Best Management Practices.
It shouid be noted that agricultural Best Management Practices, especia!!y those
related to livestock grazing, ranch management practices, and logging are being
widely impierriented througout Region XII. The ranchers, the Natural Resources
Conservation Service, the Bureau of Land Management, and the US Forest Service
are actively involved in implementing the recommendations outiine in Appendix 11.
4.2.1.4. Recreation Impacts
. Another set of issues related to land development are recreation impacts to
waterbodies, such as stream bank erosion and lack of proper sanitation facilities.
Increased population density generally results in greater demand for recreational
opportunities, which are often centered around water, especially in mountain
communities. Water quality impacts associated with recreation are usually related to
habitat disturbance, which as previously stated, has secondary impacts. Water
diversion for recreational uses, such as irrigation of golf courses and snow making
also impact water quality, as a result of runoff and consumptive water use at critical
times.
Policy 3, Land Use and Disturbance, deals with the impact of land use and
development throughout the region. The poiicy recommendations are being
implemented at the local government levei and at the federal levei for those land use
agencies which have the appropriate authority.
Policy 4, Domestic, Municipal, and Industrial Wastes, includes recommendations
regarding siting of facilities to reduce nonpoint source impacts.
Policy 5, Chemicat Management, includes recommendations for storage, handling,
transportation, disposal, and application of materials, in such ways to minimize
nonpoint source water quality impacts.
V 11 -24
4.2.2 Wa4eP Use and Developrnent
The State's Nonpoint Source Management Program includes a"Hydrologic
Modification Rlonpoint Source Management Program" which is intended to identify
and develop programs for minimizing adverse nonpoint source water quality impacts
associated with hydrologic modifications. Hydrologic modifications are defined in the
program as: reservoirs; releases from reservoirs; diversions; and other spatial and
temporal changes of the movement and circulation of flow of uvater.
The USGS did a study 4itled "Estimated Water Use in Colorado, 1985" [Water
Resources Investigations Report 88-4101, 1989] documenting water use by counfy.
According to that report irrigation, fiollowed by hydropower generation, domestic,
livestock watering, commercial, and thermal povver generation, are 4he principal uses
of water in Region XII.
Water use and development can result in water quality impacts caused by
reductions in sfiream flows. This document identifies water quality impacts from
wrater diversions for out of basin needs and in basin needs separately. Generally,
water used for domestic or agricultural purposes is not fully consumed; some portion
ofi the diverted water remains as "wastewater" or "return flovv" which is directed back
4o a stream. For domestic use, the consumptive use is generally 10% of 4he diverted
volume. For snow making, the consumtive use is generally considered 20-25% of
4he diverted volume and water is usually applied at 1 acre foot per acre of terrain
[Colorado Ski Country USA]. Agricultural return flows are quite variable, but can
'range from 20 40 60% in consumptive use. For vvater that is 4aken out of the
watershed, there is no return flow to 4he basin, while water which is used in-basin is
returned to fihe.stream at some point, generally not too far dovunstream. Thus in-
basin use is not 100% consump4ive, while transbasin usage is 100% with respect to
the basin of origin.
The principal consumptive uses in the region are: agriculfural (irrigation and stock
vvatering; transbasin diversions; domestic and municipal; snovv making; and reservoir
evaporation.
4.2.2.1 Hydrologic Nlodificafiions
The term hydrologic modification refers to changes in hydrologic conditions due 40
man's actions on the natural environment. Changes to the natural hydrology of a
vuatershed occur from the construction of reservoirs, diversions, and infiltration
galleries. Water quality impacts can include nutrient concentrations, dissolved
oxygen, temperature, chemical concentrations, changes in chemistry, and 4urbidity.
VII-25
4.2.2.1.1 Transbasin Diversions Region XII is impacted by transbasin diversions, which as previousiy noced, are
100% consumptive for the basin from which the water is taken. Water quaiity
impacts arise from the loss of high quality water from the basin and changes in the
stream's hydromorpholgy which reduces natural scouring and affects habitat, etc.
It should be noted that, generally speaking, during the two critical low flow periods
(late summer and early winter) transbasin diversions are not in priority.
4.2.2.1.2 In-Basin Diversions
. Water usage in the basin includes irrigation, hydropower, domestic, commercial, and
industrial uses. Generally speaking, in-basin diversions consume 10-50% of the
water diverted or used.
4.2.2.2 In-Basin Changes in Water Usage
Historically (and currently), the most significant water use in the region has been for
irrigation purposes. The 1988 USGS report "Estimated Use of Water in Colorado,
1985" [USGS, 1989] estmated that 952.82 million gallons per day (MGD) were used
in our region for irrigation. The next highest useage was hydropower generation at
, 497.72 MGD. Domestic and cammercial usage was estimated to be 11.6 and 4.68
, MGD, respectively. As the region becomes more developed, changes in land uses
will result in changes in water usage in the basin.
4.2.2.2.1 Municipal and Domestic Usage Municipai water consumption is much less than that of agriculture, in other words,
more of the water used is returned to the stream.
4.2.2.2,2 Industrial Usage
Industrial use of water means the use of water for purposes of producing or
processing non-agricultural products or services for sate, such as manufacturing,
mining, mifling, land reclamation, golf course irrigation, snowmaking, and
non-hydroelectric power generation. The water quality concerns associated with
snowmaking are generally the removal of water from streams during critical low flow
periods. Snowmaking studies have indicated that the spring peak runoff is extended
in time as a result of snowmaking activities, but that runoff rates are not increased.
Vii-26
Although golf courses are much more efficient at using water (they consume much
less) than traditional agriculture, one of the concerns is that historical irrigation
allowed grounduvater recharge which provided late season groundwater returns to
surface waters. With the more efficient application of water to golf courses, late
. season return flows to surface waters from groundwater are diminished.
In Region XII, most of the stream flow results from snowmelt, which is greatest
during May, June, and July. There are two critical periods of low stream flows - late
summer, and early to mid winter. The late summer period coincides with significant
agricultural usage and higher stream temperatures, which can stress cold water fish.
The winter period - especially December can coincide uvith snow making water
demands.
Policy 2, Water Use and Development, recommends actions to reduce the water
quality impacts associated with vvater use and development.
Critical areas with respect to streamflows and water use and development in the
region have been identified in the watershed plans. These areas include:
Blue River VVatershed
Entire vvatershed
Colorado River Watershed
" Fraser River Eagle River Watershed
Upper Eagle River (above Gore Creek)
Gore Creek
Lower Eagle River (Gore Creek to the Colorado River confluence)
Roaring Fork River Watershed
Upper Roaring Fork (above the Crystal River)
4.3 Co9orado River Basin Salinafy
Tofial dissolved solids (TDS) or salinity is ofi concern in arid and semi-arid areas when
water is consumptively used. Application of irrigation water to saline soils leaches
increased concentrations of TDS back to streams. Transpiration by plants and
evaporation from open water further concentrates the salts.
TDS concentrations range from less than 50 mg/L in 4he headwaters of the Region
XII vvatersheds, fio 100,000 mg/L in saline springs in the Colorado River basins.
1/Vater wifh a TDS of less than 500 mg/L is preferable for water supplies. Agricultural
V 11 -27
crops exhibit a wide tolerance to TDS, with more sensitive species such as fruit
trees, potentialiy affected at conc.entrations greater than 500 mg/L [USGS Open File
Report 85-479, 19871. Average r,oncentrations for streams upstream of Glenwood
Springs are all less than 500 mg/L. Downstream from Glenwood Springs, all USGS
' stations on the Colorado River mainstem have average TDS concentrations
between 500 and 1,000 mg/L [USGS, 1987].
, The Colorado River Basin Salinity Control Program is designed to reduce salt
loadings to the Colorado River Basin in order to maintain standards established in
1972. Both the US Department (Df Agriculture and Department of the Interior are
involved in programs designed tc) control nonpoint sources of salt loading. The
Natural Resources Conservation Service, the Bureau of Land Management, and the
Bureau of Reclamation are all actively involved in salinity reduction measures from a
variety of sources. Farm reduction measures are handled by the Natural Resources
Conservation 5ervice. State participation in the salinity controt program is .
coordinated through fhe water qLaality management planning process for nonpoint
• sources and the CDPS permit program for point sources. The Colorado River Basin
Salinity Control Forum provides a fiorum for the states of the basin to coordinate their
activities, and provide guidance ko the federal agencies.
The program does not address potential salinity concerns of the Grand Valley water
users - especially those of fruit growers, whose crops are less salt tolerant than other
agricultural producers. A USGS report [Open File Report 87-568] states "the reach
of the Colorado River between ttie towns of Dotsero and Glenwood Springs, Colo.,
represents the largest singte source of dissolved solids in the Upper Colorado River
basin... which represents 17 percent of the dissolved-sodium and 38 percent of the
dissolved-chloride loads leaving the Upper Colorado River Basin... Most of this
dissolved -solids load is contributed by very saline, thermal springs between the
towns Dotsero and Glenwood Springs." Another USGS report [Open File Report
84-4198] shows that the dissolved solids concentrations in the mainstem of the
Colorado River jumps from 230 rng/L to 370 mg/L at the confluence of the Eagle
River. This information suggest5 two geographical areas, one of which (the Eagle
River) is within Region XII, which could be investigated for reducing salinity impacts
ta downstream water users. -
It is important to note that a USGS study [Characteristics and Trends of Streamflow
and Dissotved Solids in the Upper Colorado River Basin, Arizona, Colorado, New
Mexico, Utah, and Wyoming, open File Report 87-568] found that municipal
wastewatet treatment plant discharges to the Colorado River and its tributaries
contribute less than 5% of the total salinity at the Imperial Dam. A"significant"
annual decrease in annual stream flow on the Colorado River'near Glenwood
Springs from 1942-49 to 1950-$3 occurred concurrent with an increase in dissolved
solids concentrations. These stream flow decreases and dissolved solids increases
were "significant" and "highly si,ynificant" simulaneously during the months of May,
VII-28
a
June and July, which suggests that loss of streamflow is responsible for increases in
dissolved sotdis concentrations (see Appendix 5 for USGS exerpts).
Policy 2, Water Use and Development, recommends actions which reduce existing
salt loads from areas which contribute significant salinity to the basin.
4.4 Geoundvvater Issues
In our region, groundwater has not received the attention tha4 surface waters receive,
although there are 75 community ground water supply systems serving 37,838
people [Water Quality Control Division, Colorado Wellhead Program, 1994].
Data is collec4ed by wa4er providers relying on groundwater as part of the Safe
Drinking Wafier Acf, however, there are no knovvn documents which summarize the
collected data. Additional infomation on both the quality and the quantity of ground water within
Region XII is needed for proper planning.
. All of the Policies in Volume I are applicable 4o groundwater issues.
VII-29
,
5.0 MANAGEMEfVT SYST'EMS
,
The following is a brief discussiori of the existing water quality management
framework under which our region operates. For further information, the 1994
Working Paper produced by the Colorado Water Quality Forum titled "Colorado
. Watershed Protection Approach" provides a more detailed explanation of the federal
and state programs which are related to water quality protection and restoration.
5.1 Clean Water Act
The federal Clean Water Act (33 U.S.C. 1251, et. seq.) forms the federal
environment under which the state operates. Other related federal environmenta!
. legisiation inciudes:
Safe Drinking Water Act
National Environmental Protection Act
Endangered-Species Act Wild and Scenic River Act
Resource Conservation and Recovery Act
Comprehensive Environmentat Response, Compensation and Liability Act
Clean Air Act
. 5.2 Colorado Water Quality Control Comunission
The state has primacy (i.e, respansibiiity) for carrying out the state programs
developed in the Clean Water Act. Existing state water quality laws and regulations
inciude the fotlowing:
e Estabiishment of regional water quatity management plans;
- e Classification of state waters
o Establishment of water quaii#y standards designations and regulations
s Regulation of state agriculturai practices
e Issuance of discharge permits
0 Certification of federal licenses and permits
. ~
Related state regulations and activities include:
v Water quantity laws and regulations
• Solid and hazardous waste requirements
? Fish and wildlife statutes
• Nonpoint Source Taskforce activities
VII-30
5.3 Poont SouPCes
Point sources are regulated by the state's Water Quality Control Division through its
Colorado Discharge Permit System. There are essentially three broad types of
permits: those for domestic wastewater discharges; those for industrial discharges;
and stormwater permits.
The state pemits domestic wastewater discharges based on stream segment water
quality standards and stream flow to establish discharge pollutant concentrations that
will protect the designated uses. Specific information on the domestic wastewater
treatment plants in our region is found in each of the watershed plans and also in
Appendix 3 and 8. There are approximatefy 14 domestic wastewater treafiment
plants in the region which treat wastewater beyond the secondary level (85%
removal of Biological Oxygen Demand).
The Water Quality Controt Division has developed a Wellhead Protection Program
which was approved by the EPA in 1994 as meeting and satisfying the federal
requirement of the Safe Drinking Water Ac4. This program is aimed at protecting
public groundv?rater wells from contaminants.
6.3.1 Irudus$rea8 DischargePs
There are fihree major industrial dischargers in Region XII. fViajor industrial discharge
s permits are issued by the Water Quality Control Division under EPA oversight. The
4hree are all mines: the Eagle Mine above Minturn in Eagle County; Cyprus
Niolybdenum Company which operates the Climax Niine in Summit County and
Henderson milling facility in Grand County; and Cyprus Yampa Valley Coal
Company, which operates the underground Twentymile Coal IVline outside of Oak
Creek in Routt County. They all hold valid discharge permits and are operated under
the terms of their permits. Besides the major industrial dischargers there are
numerous other industrial permit holders in the region. These include: sand and
gravel operation permits; mining permits; construction dewatering permits; and
_ s4ormwater discharge permits. Industrial permits within our region are listed in
Appendiz 8:
5.3o2 Wasgeooac8 A89ocations
"V1lasteload allocation" means the portion of a receiving water's loading capacity that
is allocated to one of its existing or future point sources of pollution. Wasteload
allocations are a means to ensure that pollufiants of concern from various sources do
not exceed the applicable water quality standard. Allocations are developed in those
areas where a number of permitted sources are discharging to the same stream
segment and the possibilify exisfis for the stream fo exceed the water quality s4andard
VII-31
for that pollutant. ln our region, the pollutant which as been allocated to the greatest
degree is ammonia. The wastelnad allocations are developed to ensure that all
permitted discharges are treated fairly with respect to setting standards for their
discharges.
5.4 Nonpoint Sources
The State's approach to control pf nonpoint sources is documented in "Co(orado
Nonpoint Source Management F'rogram, which was approved by the EPA in May,
1989. In addition, the "Colorada Nonpoint Source Assessment Report", prepared by
the Water Quality Control Division (November, 1989) documents specific water
quality concerns and programs. It describes federal control programs (such as the
Agricultural Conservation Program, Conservation Reserve Program, Watershed
Protection and Flood Prevention Act, and Resource Conservation and Development),
state programs (such as the State Revolving Loan Fund, the Water Quatity. Control
Commission, and the Nonpoint Source Taskforce), and local programs (such as state
enabling legislation ,e.g. CRS 24-65.1-101 - HB1041 - protection of local resources;
and CRS 29-20-101 - HB1034 - land use controls).
5.5 Colorado ftiver Basin Saiiruity Control Forum
The Colorado River Basin Salinity Control Forum is composed of inembers from the
seven states in the Colorado River Basin (Arizona, Cafifornia, Colorado, Nevada,
New Mexico, Utah, and Wyoming). The Forum was established for the purpose of
interstate cooperation and to provide states with the information necessary to comply
with EPA regulation 40CFR, Pait 120, entitled "Water Quality Standards, Colorado
River System,Salinity Control Policy and Standards Procedures", and Section 303(a)
and (b) of the Clean Water Act. More information on this Forum can be obtained
through the Colorado Water Conservation Board.
- 5.6 Colorado River Headwaters Forum
The Colorado River Headwaterg Forum was initiated by the Northwest Colorado
Councii of Governments Qualit}r/Quantity Committee in November, 1991 to facilitate
the informai, non-adversarial di>cussion of water issues associated with the Colorado
River headwaters. The Forum, open to "interested stakeholders", meets three times
a year. Important outcomes of the Forum inciuded the development of proposed
methods for developing water projects al(owing for public comment prior to formai
submission of a 1041 permit application and revision of the 208 Plan.
V 11 -32
5.7 Fdegiona! Manaaement Agencies
Policy 6, Management Systems, defines the recommended regional management
agency structure, with regard to both point and nonpoint source controls.
VII-33
6.0 ENVIRONMENTAL, SOCIAL, AND ECONOMIC IMPACTS
OF THIS PLAN
Continued implementation of the recommended Plan will necessarily have
environmental impacts as well as social and economic costs and benefits. In
assessing the impacts of the Pla.n, the majority of its policy recommendations (the
implementation recommendations) have been in effect in their substantially present
form at a local level since 1979 with the Plan's initial adoption. For point sources,
wasteload allocations and treatment system recommendations have existed in
substantially their present form since the adoption of the 303(e) basin plans in 1974.
There has been an extensive period of time during which the Plan's
recommendations have acted a5 policy guidance for water quality decisions within
the region. As a result of these decisions, many of the recommendations of the Plan
have been implemented. This includes implementation of the point source discharge
treatment levels (except the Fraser River wasteload allocation plan) and
consolidation of municipal facilities through the recommended management
agencies. It also includes implementation of nonpoint source controls for new
sources of urban storm runoff, construction activities, silvicultural activities, stream
encroachment, and water use and development activities.
Implementation items recommended by the Plan are the continuation of these point
and nonpoint source control measures. Additional implementation recommendations
• include of controls for abandoned mine drainage, remedial controls for erosion due to
past silvicultural activities on IVational Forest lands as recommended in forest
management plans. Additional controls on other existing and potential nonpoint
sources could be determined to be necessary by the towns or counties.
The analysis of environmental and social and economic impacts of the Plan was split
between those implementation etems of the Plan that have been substantially
implemented and those which remain to be implemented as described.
6.1 Environmentallmpacts
6.1.1 Overview
The Federal Clean Water Act has as its policy the restoration and maintenance of the
chemical, physical, and biologic:al integrity of the Nation's waters. The Plan is
intended to accomplish these goals throughout the region based on the current
understanding of important cause-effect factors leading to either existing or projected
water quality problems. As the body of knowledge with regard to these factors
~
V 11 -34
a
continues to.grow, adjustments have been made in the Plan to accomplish these
broad objectives. Environmental impacts may occur as a result of implementing the
Plan either as a result of adoption of the recommended controls on new potential
sources of water quality degradation (preventative strategies) or as a result of
recommended cleanup actions (remedial strategies).
The overall intent of the Plan is to maintain the existing high quality of the Region's
streams and lakes while accommodating growth and development. A second intent
is to improve water quality in degraded stream segments which are unable to support
the full range of potential uses. Each of the Plan's recommendations is aimed
towards one of these objectives. iVlaintaining and improving the Region's water
quality has and will continue to have a positive effect on aquatic life and fisheries, on
the provision of adequate quafity and quantity of vvater supplies for domestic,
agricultural, commercial, and industrial use, and on the ability to support high quality
recreational experiences. The implementation of fihe Plan wifl indirectly benefit the
wetland and wildlife resources by maintaining such areas; will result in positive
impacts on aesthetic resources of the State; and will conserve soil resources. The
implementation of the Plan has and will continue to require energy and capital
resources necessary to provide wastewater treatment to meet water quality
sfiandards.
6e1e2 PPevaousBy @enp9ernented Plara Recomaxaendations
'Previously implemented Plan items are described in each of the watershed plans. A
major remedial element of 4he Plan is the implementation of point source controls.
The establishment of effluent limitations, wasteload allocations, treatment service
areas, and recommended areas of wastewater treatment consolidation have had a
positive and negative impact upon the environment. Generally, the identified
fireatment needs have been satisfied through grants from the Environmental
Protection Agency (EPA) and the State Construction Grant and loans from the State
Revolving Loan fund, along with local financing. Expansion and upgrading of
collecfiion and treatment systems vvere therefore subject to the National
Environmental Policy Act (iVEPA), and environmental impacts resulting from such
impacts were addressed in either an Environmental Impact Statement (EIS) or
Environmental Assessment (EA).
A summary ofi the types of negafiive environmental impacts associated with meeting
previous Plan wastewater treatment requirements include: increased energy
consumption where advanced wastewater treatment has been recommended for
phosphorus and ammonia removal; land use impacts where additional land area is
required 4o satisfy higher treatment levels; temporary local construction impacts on
noise, dust, soil disturbance, and trafFc; and impacts caused by the transportation
and disposal ofi waste by-products resulting from higher sludge generation
requirements of advanced waste treatment. Positive impacts include: improvement
V 11 -35
and maintenance of water quality in streams and lakes throughout the region;
protectivn and enhancement of aquatic life and fshery resources; and protection and
enhancement of recreational opportunities. Alternative configurations for service
areas and treatment methods for wastewater facilities necessary to meet the higher
recommended treatment standards and/or recommendations for consoiidation were
described in the E(S or EA for upgrading the individuai treatment plant. These
documents provide a thorough discussion of the impacts associated with providing
wastewater treatment and consolidation of facilifies.
In addition to point source controls, prevention strategies will continue to be
implemented in order to meet the objectives of the Clean Water Act. These include:
controls on nonpoint sources of vwater.quality degradation from water use and
development activities; urban runoff; construction activities, agricultural activities; use
of chemicals; and encroachment on wetlands, riparian areas, and waterbodies.
Implementing these controls has and will continue to have a positive impact upon:
• wetland and riparian areas;
? protection of aquatic life and fisheries;
? protection of important wildlife habitat areas;
• stream channel stability;
• reduction of the potential damage to private property due to flooding and
streambank loss;
• maintenance and improvement of recreational opportunities;
• reduction of eutrophication of lakes and streams;
. • provision of safe domestic water suppfies;
• maintenance of water quality at existing high levels.
There are no identified negative environmental impacts associated with the
implementation of these preventative water quality strategies.
6.1.3 Future Plan Recommencations
- Remaining implementation items recommended by the Plan will be accomplished
through the continued use of posnt and nonpoint source control measures. These
measures include the implementation of controls for abandoned mine drainage,
remedial eontrols for erosion, an.d additional controls on existing septic systems and
other existing and future nonpoint sources. Continued implementation of thp point source controis recommended in this Plan will
have continuing positive and negative impacts as described previousiy in this section -
under Point Saurce Control lmpacts. ln addition, new(y recommended waste load
allocations for ammonia for the Fraser River, and treatment p(anf expansions as
identified in the watershed plans, will have environmental effects upon energy
V 11 -36 ,
requirements and temporary locat construction impacts to provide the necessary
future wastewater treatment.
Continued impiementation of the preventative control strategies for nonpoint sources
of water quality degradation will continue to have the environmental benefits
described previously.
Implementation of the recommendations for controls on existing identified mine
drainage problems will have positive impacts upon the improvement of water quality
and aquatic life. It would also have positive impacts on public water supplies
adversely affected by mine drainage. Depending upon the type of treatment
fiechnologies selected for control of mine drainage or stormwater runoff, there may be
adverse impacts to: energy requirements for treatment of the mine wastes;
construction impacts necessary to remove or restore material from tailing, roaster
and waste rock piles; and potential impacts to vuetlands and wildlife if passive
systems utilizing wetland treatment are selected for treatment of mine wastes.
Remedial water quality controts recommended by the US Forest Service for pasfi
silvicultural activities have been assessed in three separate EIS dacuments covering
fiheir proposed actions in their land management plans. The closure of roads,
revegetation and other measures recommended to reduce sediment loads form
previously logged areas will have a positive impacfi on v?rater quality, vegetation and
vuater yields, and will protection soil resources. Road closures are consistent with
recommendations for recreational and other uses of forest lands recommended in
forest ptans.
6.2 Social and Economic Impacts
6e2.1 Oderrvaew
This Plan is intended to serve the population and economic growth projected by local
governments within the region. The majority of the projected growth and
` development is associated with fhe growth of the tourism industry in the development
of vuinter sports recreation areas and other year round outdoor recreational activities.
The existing demographic character of the region is influenced by rapid seasona(
fluctuations in population and in the demand for public and private services. In most
of the Region, the peak seasonal population occurs during the ski season. Local
planning efforts have recognized the desirability of utilizing existing facilities, both
public and private, over a longer time frame to diversify economic activities and
provide a more stable base for residents of the region. The emphasis for
diversification has included the maintenance of traditional industries in the Region,
V 11 -37
including agriculture, silvilculture, and mining, but the real emphasis has been upon
devetopment of a year around economy based upon expanded summer tourism.
Protection and enhancement of the environment is a key element to the potential for
economic diversification and the provision of a stabie economic community for
residents of the region. Many examples of the potential for economic diversification
relate to the protection and enhancement of water quality, such as tourism and
recreation. Positive impacts of implementing this Plan inc(ude the protection and
enhancement of water quality which leads to protecting the potential recreational
resources for summer tourism activities. Negative impacts of this plan's
implementation include increased levels of regutation and development costs
associated with protecting water quality. These are described in more detail below.
6.2.2 Previously Implemented Plan Recommendations
The provision of advanced wastewater treatment for selected communities has had
an impact associated with the construction and operation of these systems. Higher
costs for construction and operation of these systems have been passed on to
system users in the form of higher tap fees and service charges. Construction costs
have been supported, in part, by federal grant programs, state revolving loan fund
and energy impact assistance programs.
_ The cost of these systems has been in part offset by water quality benefits which are
attributable to a broader population base than system users. This inciudes benefits
to recreation and tourism opportunities in the region as a result of pcotection of fish
and wildlife, and improved aesthetic qualities of streams and reservoirs.
Recreational studies have demonstrated a strong correlation between the opportunity
for water-based activities and thL selection of a recreational destination. To the
extent that improved water quality maintains the opportunity for recreation, there
should be a continuing benefit tc) summer tourism with a social and economic benefit
to the region in accordance with objectives for economic diversification.
- - Controls_on nonpoint sources of water quality degradation have also had social and
economic costs and benefits. Controls for construction and grading activities have
increased the cost of new construction for housing and commercial development.
The cost increase on a per unit basis is dependent on the type of development and
may range frorn a few dollars to several hundred dollars.
Controls implemented on water use and deveiopment activities to protect water
quality and maintain, the chemica(, physica(, and biological integrity of the Region's
lakes and streams has increased the cost to water developers of providing new
major water supplies utilizing water from the region. VVindy Gap and Wolford
Mountain Projects in Grand County are examples af how such additional costs are
factored into the project costs for extension of major water supply systems in the
V 11 -3$
Region under the Plan's recommendations. Additional development costs
associated with provision of minimum streamflows, wastewater treatment and water
supply are examples of costs added to such projects as a result of local program
requirements. Because the majority of the projects are designed to serve water
users outside of the Region, the costs of mitigating such impacts has been borne
largely by Eastern Slope water users while the benefits of requiring mitigation for
water quality impacts have accrued to both residents and visitors to the Region.
Locally adopted regutations to protect the Region's water quality have had a social
impact in terms of increased levels of government involvement in water quality
concerns. Implementation of the regulations for nonpoint source controls only where
necessary to meet a specific vuater quality goal has limited this involvement.
Adoption of local regulations (as opposed to stafie regulation) integrated into local
development review has placed responsibility closest to ghose impacted by the
increased level of regulation.
6.2o3 Future PIan Recomrvaendations
The continued implementation ofi 4his Plan will continue to have both positive and
negative social and economic impacts as previously described.
o Impacts due to recommended point source controls would be reduced to only
those impacts associated with continued operation and maintenance of advanced
-wastewater treatmenfi systems. This will reduce the continuing economic effect of
' higher user charges over time for those communities which have atready made
significant capital expenditures to provide for higher treatment tevels. !f expansion is
necessary to accommodate growth, then both capital and operation expenses will be
necessary to maintain the higher levels of treatment recommended in this Plan.
o For communities in the Fraser Valley not now subject to advanced treatment
levels, accepting this Plan's recommended wasteload allocations will have similar
future economic impacts (both positive and negative) as described for communities
_ which have already implemented advanced wastewater treatment for ammonia
removal. These impacts are expected to occur in the next few years, as growth in
fihe Fraser Valley will require more advanced treatment to limit the potential of
ammonia toxicity to the Fraser River fishery.
o fVew major expansions of water development projects will be subject to financial
impacts for impact mitigation similar to those described for the Vvindy Gap and
Wolford Mountain Projects. The specifics of required mitigation under locally
implemented regufations will be dependent upon the review of the impacts of water
quality resulting from the construction and operation of the project. It is 4herefore not
possible to estimate fihe fufiure costs to project proponents without a detailed review
of the proposed project.
V 11 -39
r
7.0 PLAM IIVIPLEMENTATION
The Critical Imptementation Strategy is a four pronged approach which consists of
the following:
• Public education;
? Local implementation of the policy recommendations;
? ConsistPnt enforcement of local regulations;
lnitiation of recommended watershed improvement projects. In order for the implementation af this plan to be effective and efficient,
. communica#ion between the various management agencies needs to be facilitated.
There are a number of efforts that NWCCOG is involved with that are moving in this
direction. These include the Golorado River Headwater Farum, the formation of
watershed water quality groups, the NWCCOG Quality/Quantity Committee, and a
Great Outdoors Colorado grant. These are further discussed below.
The Colorado River Headwaters Forum is a group which was originally formed by the
NWCCOG, but is now managed independent of the NWCCOG. This Forum is
designed to facilitate discussion regarding water issues revolving around the
Colorado River headwaters. The Forum meets three times annually, and is
composed of federaf, state and loca) entities, inciuding both western and eastern
slope interests. One important oufcome of the Forum has been the formulation of a
, model process for new water development projects. The process allows public input
to projects prior to formal submission of 1041 and other permit applications.
The NWCCOG is continuing to assist in the formation, facilitation and technical
assistance to local watershed water quality groups. Two groups have been formally
, established: the Summit Water Quality Committee (which has been established for
12 years); and the Routt County Committee on Water Quality. In addition, the Eagle
River Watershed Plan has recommended the formation of such a group in the Eagle
River basin. Entities in the GorE= Creek Valley have moved to establish a partnership
which involved in establishing a database and water quality management plan. In
other watersheds, efforts have been somewhat more informal or specific issue
driven. For example, the East Grand Water Quality Board has been working for the
past five years to develop a comprehensive solution to wastewater treatment in the
upper Fraser River drainage.
The NWCCOG Quality/Quantity Committee, which used to be composed mainly of
NWCCOG governmental entities, in 1995 formally requested participation by all the
water and sanitation districts. In 1995 22 water and sanitation districts became
members of the Committee. In 1996 three additional special districts have become
members. The addition of water and sanitation districts represents a significant
VII-40
move forward in improving communication and participation in water quality planning
and management. In fihis forum, management agencies responsible for both point
source and nonpoint source water quality management can share concerns, ideas
and direction for water quality protection and improvement.
The fVVVCCOG received a$40,000 "capacity building" grant from Great Outdoors
Colorado in 1995. This grant vuill be used to fiurther develop local watershed groups
with respect to focus and direction. The intent is to bring together interested
individuals from many different sectors of the community fo further refine water
quality planning and management efforts. Four uvatersheds have been targeted fior
this effort: the Eagie; the Roaring Fork; the Upper Colorado; and the Yampa.
Inherent in all of fihese efforts is the acknowledgement that there is a need to
increase the avuareness of individuais on water quality issues. This educational
outreach needs to include 4he identification of issues, potential solufiions, costs
associated with solutions, and costs of inaction. Some of this information is currently
availabte, some still needs to be developed. 1"hrough the management agencies and
watershed groups, local needs and solutions will be further refined.
7'hrough the efforts outlined above, it is expected that the four pronged approach will
result in successful implementation of this Regional Water Quality Management Plan.
rtrtamipro\docs12o8196v2 rev
V 11 -41
' EAGLE RBVER WATER Ql9AL9TY N9AfVAGEMEIVT PLAIV
02/29/96 DRAFT
TABLE OF CONTENTS
Page
1.0 WATER5HED OVERVIEW E - 3
1.1 Geography and Hydrology E- 3
1.2 Land Uses and Population Characteris4ics E- 5
1.3 VVa4ershed VVa4er Quality Nlanagement E- 5
2.0 WATERSHED WATER QUAL9TY p?SSESSnAER9T E- 6
. 2.1 Upper Eagle River VVatershed E -7
2.1.1 Eagle River from Belden to Gore Creek E- 8
2.2 Gore Creek E- 10
2.2.1 Gore Creek Above Black Gore Creek E- 11
2.2.2 Gore Creek Below Black Gore Creek E- 11
2.3 Lowrer IEagle IRiver VVatershed E- 13
2.3.1 Mainstem Eagle River From Gore Creek to Dotsero E- 13
2.3.2 Beaver Creelc E - 15
2.3.3 Milk and Alkali Creeks E- 15
2.3.4 Brush Creek E - 16
2.3.5 Gypsum Creek E- 16
2.4 CWCB Watershed Ins4ream Flows E- 16
3.0 @iVATER QUALISfY BSSUES E - 21
. 3.1 Point Source Issues E- 21
3.1.1 Niunicipal Discharges E- 21
3.1.2 Eagle River VVa4ershed Population S4atistics and E- 24
Projections
3.1.3 Indus4rial Discharges E- 25
3.1.4 F'oin4 Source Issues - Summary E- 25
3.2 Poin4 Source Recommendations E- 26
- 3.3 -Nonpoint Source Issues - E- 26
3.3.1 iViining Activifies E- 26
3.3.2 Urban and Construction Ac4ivities E- 27
3.3.3 Hydrologic Modifications E- 27
3.3.3.1 Transbasin Diversions E- 27
3.3.3.2 In-Basin Diversions E- 28
3.3.4 Recreational Ac4ivities E- 29
3.3.5 Agricultural Activi4ies E- 29
3.3.6 Nlilk and Alkali Creeks E- 29
3.4 Nonpoint Source Recommendations E- 29
E-1
4.0 WATERSHED IMPROVEAAENT PROJECTS E- 30
4.1 Existing Projects E- 30
4. 1.1 Eagle Mine Site Remedial Action Plan and Record E- 30
of Decision
4.1.2 Vail Nonpoint Source Management Plan E- 30
4.9.3 Milk and Alkali Creek Drainage Project E- 31
4.1.4 Black Lakes Enlargement Project E- 31
4.1.5 Eagle River Watershed Plan E- 31
4.1.6 Gore Creek Partnership E- 32
4.2 Future Project Needs E- 32
5.0 LAND USE REGULATtONS A+PPLICABLE TO WATER QUALITY E- 32
PROTECTION AND IMPROVEMENT
6.0 WASTELOAD ALLOCATIONS E- 33
, 6.1 Ammonia Wasteload Allocations E- 33
7.0 WATER QUALITY MONITORING NEEDS E- 33
7.1 Existing Monitoring Efforts E- 33
7.2 Water Quality Monitoring Needs E- 33
-8.0 WATER QUALITY STANDARDS AND RECOIIAMENDATIONS E- 34
8.1 Exis4ing Classification:> and Standards E- 34
8.1.1 Designated Use Impairment Stream Segments E- 34
8.1.2 303(d) List Segments E- 38
8.2 Recommendations E - 38
8.2.1 Support of Existing Standards and Temporary Modifications E- 38
LIST OF FICURES AND TABLES
Figure 7 Eagle River.Watershed Map E- 4
Table 12 Eagle Mine Investigation E- 8
Table 13 Eagle River Watershed Instream Flows E- 17
Table 14 Eagle River pomestic Wastewater Treatment Facilities E- 22
Table 15 Eagle County Population Statistics and Projections E- 24
Table 16 Eagle River Water Quality Standards and Classifications E- 35
Table 17 Eagle River Watershed Designated Use impairment Segments E- 37 _
Table 18 Eagle River Watersfied 303(d) List E- 39
E-2
EAGLE RoVER wATER QuALoTY nnANAGEnn~~~ ~LAN
02/29/96 DRAFT
~ 1.0 WATERSHED OVERV9EW
9e1 Geographv and HvdroBogv
1'he Eagle River vva4ershed lies almost en4irely wi4hin Eagie County (a small portion
of.northeas4 Pitkin Counfiy lies within the watershed) and encompasses a 944
square mile (604,160 acres) area in northwestern Colorado. The Eagle River
' originates near the southeastern border of the County and flowrs northwesterly for
about 35 miles to Dowd Junction, and then westward to the Colorado River at
Dotsero. Principal tributaries of the Eagle are: Turkey Creek; an easterly tributary
near Red Cliff; Cross Creek, a southerly tributary emerging from the Holy Cross ,
1/Vilderness near Niinturn; Gore Creek, emerging firom the mountains east of Vail
and flowing through the Towrn of Vail; Beaver Creek, a southern tributary near Avon; '
YVlilk Creek, a northern tributary near Vllolcott; Brush Creek, a southern 4ribu4ary and
the largest fiributary downsfiream from Gore Creek; and Gypsum Creek, a southern
4ribu4ary joining the Eagle River a4 Gypsum. A map of the watershed in shown in
Figure 7.
In the upper Eagle watershed (Gore Creek and the Eagle River above Dowd
_ Junction), average annual precipitation is 28 inches, fvvo-fhirds of wrhich falls as
snow. In the lower areas of the watershed (below Dowd Junction), annual
precipitafiion ranges from 92 fio 19 inches, with about 60% falling as snow.
Seventy-five percent of the annual runoff occurs between Niay and July as a result
ofi snowmelt. Niajor snow fall typically occurs February through April. Thunderstorm
activity from July 4hrough Sep4ember produces significant, although short lived
rainfall even4s. Stream flows have marked seasonal variabili4y, with highest flows
occurring during the snow melt period, and low flows, sustained by ground water,
occurring Augus4 4hrough April. Stream flow also varies from year to year based on
snow pack, with wefi year flows being several times greater and longer in duration
_ than dry years. Historical annual average streamflow for the Eagle River is
es4imated 4o be 415,000 acre feet below Gypsum Creek (Eagle River Assembly,
Phase I Fteport, Sep4ember 1994).
Several small s4orage reservoirs and one larger reservoir exist in the watershed.
Piomestake lReservoir is located high in the southern portion of the watershed. This
reservoir has a s4orage capacity of 44,360 acre feet and a surface area of 300
acres. This reservoir is used exclusively for eastern slope diversion. Two
reservoirs are owrned and operated by Climax iVlolybdenum Company on their
property: Robinson and Eagle Park Reservoir (Industrial Pond 4), with a combined
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curren4 capacity of 6,000 acre fiee4. Climax is currently remediating and possibly
enlargingthese reservoirs vvifh the intent of marketing some of 4heir water rights
which are curren4ly nofi being used. The Black Lake Reservoirs are located at the
headwraters of Gore Creek. These two reservoirs have a combined capacity of 300
acre feet, and are used by the "fovvn ofi Vail to augmen4 s4ream flows in Gore Creek
and replace vva4er diver4ed for snow making. Nottingham Lake in Avon has a
s4orage capacity of 100 acre fee4.
Four firansbasin diversion projects carry water from the headwaters of the Eagle
River fo the Arkansas River basin. These projec4s divert an annual average of
34,000 acre feefi during the snowmelf period. Addi4ional conditional water rights for
out-of-basin diversions could yield an addi4ional 100,000 acre feet if they wrere all
developed (Eagle River Assembly Phase I IReporf).
1.2 Lanc9 Uses and Popula4ion Characterist6cs
Public lands (Forest Service at approximately 380,000 acres and the Bureau of
Land Nlanagement at approximately 95,000 acres) account for 77°!0 of the 4otal
Eagle River watershed. The major popula4ion centers are Vail, Eagle-Vail, Avon,
Edwards, Eagle, and Gypsum. The 1990 permanent population in the watershed
was approximately 20,000 people. The average annual grow4h rate of the coun4y
over the lasf three years (1994) has been 4.91 Average dai{y winter population
in the Vail !lalley for 1994-9995 was 21;673.
Economic and land use acfivities in Eagle River watershed include: recreation;
mining; agriculture (including logging); and urban developmen4. The major mining
areas in the county are the Eagle Mine, loca4ed near iVlinturn; and the Cyprus
Climax fVline locafied on the con4inenta{ divide a4 Fremont Pass. Agricultural
products cor?sist mainly of livesfiock, hay, and timber, with most of the irrigated
#armland located in the Eagle River valley downstream from Gore Creek to Dotsero.
Urbari development in the coun4y is primarily associa4ed with construction of
condominiums and homes along Gore Creek and the Eagle River in the vicinity of
Vail and Avon, al4hough developmen4 pressure and land prices has pushed
development increasingly down valley.
1e3 Watershed Water gua96tv Management
An effort called the Eagle River Council, composed of local, state, and federal
agencies, as well as ranchers, environmentalists, and recreational interests
under4ook a number of projects (mainly nonpoint source projects in the Milk and
Alkali Creek areas) in the mid to late 1980s, This group is no longer active.
Ano4her group, the Eagle River Environmental and Business Alliance (EREBA), v?ras
awarded a Technical Assistance Grant 4o communicate clean up activites to the
E-5
community and to represent the community in reviews of documents and activities
associated with the Eagle Mine.
In 1994, local communities and Eagle County, recognizing the need to address
issues related to the Eagle River on an integrated basis untook an effort called the
Eagle River Watershed Plan. The Plan, supported by the towns, the County, state
and federal agencies, and local interested citizens, is attempting to address: water
quantity; water quality; recreation; wildlife; and land use issues in an integrated
manner. The Plan is expected to be completed by fall of 1995. The group
producing the plan is expecting to continue with planning and management
activities related to the Eagle River after the document is produced.
This Water Quality Management Plan was developed during the Eagle River
Watershed Plan effort, using the public outreach and input efforts of that plan. This
Plan focuses more attention on the specifics of water quality - the assessment, point
and nonpoint source issues, and recommendations. Both plans are attempts to
identify issues related to Eagle River as a community resource, and means~of
protecting, and in some cases enhancing the existing uses of this asset.
2.0 WATERSHED WATER QUALITY ASSESSGVIENT
Streams in the Eagle River watershed are classified for protection of coldwater
aquatic life (trout), secondary contact recreation (incidental contact); water supply
and agricultural uses. Generally speaking, water quality of the Eagle River is very
` good. During most of the year, the river and its tributaries exceed the water quality
standards set to protect its designated uses.
In spite of good overall water quality, some segments of the Eagle River are not
fully supportive of their designated uses, i.e. some of the uses previously mentioned
are impacted by poor water quality. The Eagle River from its source to Belden has
been determined by the Colorado Water Quality Control Division to be not
supportive of designated uses due to metals contamination. From Belden to Gore
Creek the river is designated water quality limited due to metals and sediment.
-Cross Cfeek from its source to the Eagle River has been designated as not
supporting its designated uses due to metals contamination. The Eagle River from
Gilman to its confluence with Gore Creek and from Gore Creek to the confluence
with the Colorado River have received temporary modifications for manganesg
under the water quality standards due to acid mine drainage. Temporary standards
are less stringent than statewide standards established to allow full utilization of
designated uses of the stream segment. Temporary modifications are intended to
allow time for clean up of existing pollution problems.
E-6
,
Gore Creek and the Eagle River are water quality limited segments with load
alloca4ions requiring advanced was4ewater firea4ment for ammonia removal for
discharges a4 Vail and the Upper Eagle Valley 4o meet standards for un-ionized
ammonia. 7'he Eagle River from Gore Creek to 4he Colorado River is classified as a
partially supporting designa4ed uses due fio metals contamination.
2.1 Upper EaqGe Rover Watershed (Ea4Ye RiveP Seqrnents 1. 2. 3, 4, 5 6, anc9 7)
UVater quality in the upper reaches of the Eagle River is excellen4. A 1993 study by
Hydrosphere for Vail Associates' Snowmaking VVafier Supply Facilities 1041 permit
application, found 4hat wafier quality in 4he east fork of the Eagle River is generally
within s4andards fior all parameters, with occasional exceedances of standards for
dissolved silver and total recoverable iron.
Fish sampling fior Climax Molybdenum Company on'the East Fork of 4he Eagle River
in 1994 found brook trout, brown 4rout and mottled sculpin. Density and biomass
estimates were 614 trout per hectare (248 per acre), and 27 kg per hectare (24
pounds per acre). 1994 fish populations were lower than in 1990 and 1991,
however, the popula4ion age structure and presence of young of the year indicate
an stable, naturally reproducing trou4 population in this section of the watershed.
The presence of sculpin, a sensitive fish species, indicates good water quality. The
macroinvertebrate communi4y found at the site had a preponderance of species
sensitive to wa4er quality perturbations. Ephemeroptera (mayflies) were
represented by seven species, and plecoptera, coleoptera. diptera, and 4urbellaria
wrere also collected. Species densities were lower in 1994 than in 1991.
The wastewater flow into the municipal wastewater treatment plant at Red Cliff
significantly exceed the plant's hydraulic capacity due 4o several issues. One is 4hat
a large majority of the citizens allow 4heir domesfic water fo run continually during
4he colder months in, order 4o prevent 4heir pipes from freezing and bursting. The
other cause of the overloading of plant capacity is due 4o severe infiltration/inflow
(I/I) problems. 'fhere have been several attempts to decrease 4he I/I problems, but
with li4tle success. The 4own is confiinuing 4o study the problem and has been
vvorking with 4he Departmen4 of Local Affairs and the 1/Vater Quality Control Division
" fo find a viable solu4ion. -
The Division of VVildlife has a sampling site below Red Cliff as a reference station
for the Eagle iViine Site. Trout populati~~n estimates have been conducted each
year, beginning in 1990. Number of trout per acre have ranged from 234 40 534,
and pounds per acre have ranged from 70 to 148. These numbers are indicative of
highly produc4ive waters ("Gold Nledal 1/Vaters" designation.has a criteria of greater
4han 40 pounds per acre). Sculpin have also been found consistently at this sife.
Macro invertebrate. species diversities at this site in 1993 and 1994 were 3.1 and
4.0, respectively.
E-7
2.1.1 Eagle River from Belden to Gore Creek (Eagle River Segment 5)
The Eagle Mine and its related facilities is a primary source of water quality
pollution in the watershed. The mine is located adjacent to the Eagle River, upstream of Minturn. Mining impacts have caused concentrations of numerous
metals to exceed standards adopted by the Water Quality Control Commission for
protection of aquatic life and drinking water. The stream segment most affected by
the mine is from Gilman to Gare Creek. In this six mile stretch, aquatic habitat and
water quality is significantly degraded. Insect life and fish populations are extremely
limited.. Historically, water quality in this area has been worse during low stream
flow periods, as higher flows during spring runoff diluted the metals present in site
runoff. Downstream of Gore Creek, metal concentrations due to the impacts of the
mine can also exceed stream standards, although less frequently.
The Eagle Mine has been designated a SuperFund site and many aspects of the
historic mining operation are being reclaimed. Water quality in the Eagle River
associated with the Eagle Mine has improved due to actions by the Colorado
Department of Health, the Environmental Protection Agency, and Paramount, Inc.
(the current owner of the Eagle Mine site). Biological monitoring by the Division of
Wildlife in 1994 found avery lamited fish population below the mine, where no fish
previously existed.
A 1976 investigation of the Eagle River and its tributaries upstream from the Eagle
Mine area, indicated that it contained water suitable for all uses, based on results of
the chemical and biological analyses. The Eagle River downstream of the mining
. area had pH and concentratioris of dissolved solids, dissolved copper, dissolved
cyanide, dissolved and total iran, and dissolved lead which exceeded water quality
standards. Table 12 shows some of the dissolved metal concentrations
documented by that 1975 stud,y [Water Quality Survey of the Eagle River Basin -
1975, Colorado Water Quality Control Division, 1976].
Table 12. 1975 Eagle Mine Investigation -selected data
Location Parameter Value -dissolved
u /L state std
U strm of tailin ond Iron Fe 500 300
- " Man anese Mn 200 50
" Zinc Zn 360 120
Dwnstrm of tailin ond Fe 2300 300
" Mn 1800 50
" Zn 680 120
Cross Ck u strm of mouth Mn 17000 50
Cross Creek conf. w/ Ea le R. Fe 460 300
" Mn 12000 50
" Zn 4500 120
" Cadmium 15 1.3
E-8
Cross Creebc upstream firom the mining activities had a benthic diversi4y of 2.47,
indica4ing water ofi a sui4able quality for all uses. Cross Creek downstream from the
discharge of the fiailings ponds had a reduced benthic popula4ion and increases in
specific conduc4ance and in concenfirations of hardness and dissolved solids. Two
other 4ributaries in the Minturn area, Two Elk and Grouse Creek, had diverse
benfihic communifiies and water of suitable quali4y for all uses. Based on benthic
populations, ifi vvas determined 4ha4 4here has been a substan4ial improvement in
the water quali4y of the Eagle River in the Nlinturn area during the lasfi several
years, even fihough the 4oxici4y problem caused by ground wafer seepage of
dissolved me4als from the tailings pond 4o the Eagle River still existed. Prior 4o the
1976 study cited above, an inves4iga4ion in 1966 (US Department of the Interior,
1968) documented the complete elimination of bo4tom dwelling organisms in the
. Eagle River downstream from the 4ailings ponds of the New Jersey Zinc Corpora4ion
(Eagle fVline, now owned by !liacom, Inc.).
A remedial inves4igation ofi the Eagle fVline in 1985 indicated that elevafed
concentrations of zinc exist in the Eagle River below the confluence with Gore
Creek to the Town of Eagle. Elevated levels of lead, cadmium, and copper were
pervasive in the surface water, sediment, and macroinvertebrates from the mine to Gore Creek. Concentra4ions of cadmium, copper, and lead in surface water
regularly exceeded EP,4 acute and chronic criteria from the roaster piles down fio
Eagle. Zinc concentrations exceeded EPA criteria from the roaster piles down 40
Eagle. The s4udy concluded tha4 surface water contamination and associated
effec4s 4o aquatic life may have decreased over the lasfi 35 years.
-Colorado Wafier Con4rol Division monitoring data shovvs 44% of zinc samples and
18% of copper samples exceed EPA aquatic life criteria over the period 1977-1987
at the mouth of Cross Creek. The concentrations are highest in the last three years
of 4his period. Totaf manganese concentrations exceed state standards consistently
with a ten year average concentration of 3.3 mg/L.
The 1987 Colorado Nonpoint Source Pollution Assessment reports that from Red
Cliff to Edvvards cadmium, copper, lead, dissolved manganese, and zinc are acutely
and chronically toxic 4o aquatic life seasonally and exceed agriculture and waster
supply standards for the same parameters. The Eagle Mine is identified as a major
- - - source of 4hese problems. Cross Creek is also identified as contributing elevated
concentra4ions ofi mefals. iUega4ive impacts to both fish populations and drinking
wa4er resulfing from metal concentrations are observed downstream to Edwards.
Data collected by Dames and Nioore in 1994 indicates 4hat at station E-14 (Eagle
River below Cross Creek), iron and manganese continue to exceed state drinking
water standards and chronic standards for aquatic life. Zinc confinues to exceed
the chronic aquatic life standard of approximately 0.045 mg/L (based on hardness).
E-9
The Division of Wildlife has performed biological assessments on the Eagle River
Superfund site from 1990 through 1994. Results of the 1994 sampling program
documented improvement in portions of the Eagle River aquatic community
including somewhat higher numbers of aquatic invertebrates at some sites and
brown trout at all sites. This sampling program will continue in future years.
According to DOW data, manganese continues to exceed the temporary
modification to the water quality stream standards (the temporary stream standard is
150 ug/I . Zinc also continues to exceed the water quality standard.
Active remedial clean-up of the Eagle Mine site under a 1988 court ordered
consent decree began in 1988. A second consent decree, the three party consent
decree between Viacom International, Inc. (Paramount), the Colorado Department
of Public Health and Enviroenment, and the EPA is expected to be signed in 1995.
Remedial work and monitoring continues under the CDPHE Unilateral
Administrative Order which is in full effect. This includes evaluation of runoff from
roaster piles on the steep slopes. Currently no biological compliance is required,
only biological monitoring.
Water quality is monitored befow Minturn by Battle Mountain High School as part of
the Division of Wildlife's River Watch Program. Data indicates the presence of
cadmium, copper, iron, manganese and zinc, with zinc regularly exceeding the
acute aquatic life standard. Dissolved oxygen and pH appear fine.
2.2 Gore Creek (Eaqle River Seqments '9 and 8)
A 1976 study by the Water Quality Control Division concluded that the major
tributaries to Gore Creek had water of suitable quality for all uses, with the
exception of Black Gore Creek, where substantial quantities of sediment resulting
from extensive road constructian (Interstate 70) were measured. Daily suspended
sediment data collected by the USGS indicated a mean concentration of 1,720 mg/L
and a suspended sediment load of 1,290 tons in Black Gore Creek
[Reconnaissance Evaluation of Surface Water Quality in Eagle, Grand, Jackson,
Pitkin, Routt, and Summit Counties, Colorado, USGS, Open file 79-420, 1979].
- A 1980 study of upper Eagle VaIley by Engineering Science, Inc. found the
tributaries of Gore Creek to have high water quality, with the exception of Black
Gore Creek which was impacted by sediments, due to the construction of Interstate
70. Exceedances of stream standards for cadmium, lead, and manganese were
found to occur in Gore Creek, during spring runoff, but were attributed to soils and
geology of the basin. A 1990 report by Advanced Sciences, Inc. characterized
water quality in Black Gore Creek, Gore Creek, and the Eagle River above and
below the confluence of Gore Creek for the Vail Valley Consolidated Water District
for a proposed enlargement of the Black Lake Reservoirs. That report found that
the primary concern in the Gore Creek watershed is a recurring water quality
E-10
s4andards exceedance of manganese, a condi4ion which appears 4o be cause by the
composition of rock minerals in Black Gore Creek. Secondary concerns are
infrequent standards exceedances of copper, 4otal iron, and silver infirequently, or
occasionally exceeding s4ream sfandards at a#ew locations in the Gore Creek
system.
2.2.1 Gore Creek above BBack Gore Creek (portaon o$ Eagle River Seg. 1)
A study done in 1993, by FZesource Consultants and Engineers, Inc. for the Summit
VVater Quali4y Commifi4ee, used the headwaters ofi Gore Creek at an elevation of
abou4 9,600 feet as an undis4urbed sifie for comparison with StraighY Creek in '
Summi4 County. The s4udy examine sediment, benthic macroinvertebrates, and fish
. populafions. Benthic macroinverfebrate at the #vvo Gore Creek sites were 3.61 and
3.7, with 17 taxa and densi4ies on the order of 750 - 1,000 organisms per square
me4er. Cut4hroat trout were the only fish species collected, wi4h an estimated
density of 274 - 447 fish per hectare, and a biomass of 20.4 - 34.3 pounds per acre
2.2.2 Gore Creek beBow Black Gore Creek (Eagoe River Segment 8)
A 1987 Environmental Assessmenf, done as part of the 1041 permit application to
Eagle County for the enlargemen4 of Black Lake lResenroir Number 1 indicafied good
wa4er quality in Blacbc Gore Creek. The mean suspended sediment concentration in
Gore Creek at Vail wras 88 mg/L and the suspended sediment load was 204 fons.
The sediment increase in Black Gore Creek affected the sediment discharge in
Gore Creek at Vail.
A 1975 assessment of waste loads fior the Eagle River and Gore Creek found that
wa4er supply stream s4andards were not exceeded for dissolved oxygen,
fiemperature, dissolved solids, pH, or fecal coliform bacteria. The study found
dissolved oxygen concentrations of less 4han 6.0 mg/L in Gore Creek at the Big
Horn subdivision and at the confluence with the Eagle F2iver. Minimum summer
values were 3.9 mg/L at the subdivision and 3.6 mg/L at the confluence. The
average concentrations were about 8.5 mg/L , but the minimum values are critical
- - for support.of aqua4ic life. According to the EPA, a dissolved oxygen concentration
of 3 mg/L occurring in a stream fior even part of a day causes diminished feeding
and grovvth of the fish populafiion. However, firom eight years of record at these
sites on Gore Creek, the Water Quality Control Division (WQCD) found no
deficiencies in dissolved oxygen concen4rations. The 4otal ammonia concentration
. did not exceed the assimilative capacity of the Eagle River, bu4 exceeded the
assimilative capaci4y of Gore Creek downstream of the sewage treatment plant.
Unionized ammonia concentrations down sfiream from the Vail wastewater 4reatment
plan4 on Gore Creek exceeded 0.02 mg/L. It was concluded that the water quality,
E-11
in terms of the unionized ammonia, was degraded at the mouth of Gore Creek and
the Eagle River at Gypsum and Avon.
Further investigations were prompted by these findings and more detailed studies
were conducted by the WQCD, in 1976, at sites located in the upper Eagle River,
Gore Creek, and the lower Eagle River. Based on chemical and biological results, it
was determined that Gore Creek upstream from Vail had water of suitable quality for
all uses and a benthic community diversity of 3.21. However, in 1975, Gore Creek
downstream from the Vail wastewater treatment plant to its confluence with the
Eagle River, contained unionized concentrations as high as 0.077 mg/L. In
conjunction with the unionized ammonia concentrations, the study determined that
the benthic community was adversely affected, with diversities less than 3.0
downstream, as compared to 3.4 upstream of the treatment plant. Furthermore, an
investigation of the fish population found that twice the number of trout were
collected in half the time upstream of the treatment plant, as compared with
downstream of the plant. According to the Water Quality Control Division (1976),
Gore Creek, from Vail to its mnuth, was not capable of supporting fish and was unsuitable for swimming because of municipal discharges and nonpoint sources of
pollution.
Fertilizer from golf courses has contributed to elevated nutrient levels. The WQCD
water quality monitoring data indicates consistently high phosphorus concentrations from 1977 to 1987. Bacterial infections of trout in this reach of the river were also
reported. The effects of bacteria are most prominent under conditions of low flow,
high temperature, and catch and release fishing.
° A portion of this segment (below Red Sandstone Creek) is now designated as a
Gold Medal fiishery (1988). This designation was further confirmed by the Division
of Wildlife (DOW) with fish shcrcking surveys completed in September 1982, and
October 1992 below Red Sandstone Creek. The 1982 survey found brook, brown
and rainbow trout, w"ith a biomass of 58 pounds per acre, the 1992 survey found
brown and rainbow trout, with a biomass of about 80 pound per acre (the Gold
Medal designation requires a minimum biomass of 40 pounds per acre). DOW
surveys were also done in the vicinity of the golf course in 1984 and 1990, again
showing an increase in biomass over time.
A joint project by the NWCCOG Water Quality Program and the Town of Vail
between 1992 and 1994 was conducted to: posture the Town of Vail for likely
stcrmwater discharge permit requirements; determine if there are existing negative
water quality impacts in Gore Creek which could be attributed to nonpoint sources
of pollutants; and to evaluate potential sources of pollutants in order to gain
information for developing effective pollution control strategies. The study found
that suspended and dissolved solids, salts, phosphorus, ammonia, nitrate, and
nitrite concentrations increase in Gore Creek as it runs through town. Dissolved
solids and salts (both above and below Vail), phosphorus, nitrate, and nitrite
E-12
concen4ra4ions (below !lail) have increased beYween 1979 and 1991 because of
grovv4h and increased 4rafFic along I-70. Dissolved oxygen, fecal coliform, cadmium,
copper, manganese, and zinc concentrations have improved during the same period
of 4ime. Increases in silver concen4ra4ions appear to correspond to the Upper Eagle Valley Consolidafied Sani4ation District (UEVCSD) Vail wastewater treatment plant
discharge.
The projec4 included vvater qualify monitoring in Gore Creek following application of
a fungicide fio the Vail Golf Course. No pesticide wras detected. Sediment sampling
in the water hazards on the golf course found fairly high levels of inercury, and
4races of DDE (a breakdown product of DDT) and 2,4 D(a component of the
broadleaf herbicide "Trimec", which is applied to the golf course and is also
available to the public).
The stormwater project estimated stormwater pollu4ant loading 4o Gore Creek. It
was estimated fihafi 196,000 kg ofi sediment, 210,300 kg of dissolved solids, 22,000
kg of Biological Oxygen Demand, 7,200 kg.ofi oil and grease, 400 kg of ammonia,
1,000 kg of phosphorus, and 750 kg of zinc flow into Gore Creek each year with
s4ormwrater runoff. These loads are significantly lower 4han load estimates made in
1980 by Engineering Science, Inc. in their report " Upper Eagle Valley tVonpoint
Source Assessmen4 and Con4rol Plan", but are nevertheless significant. A report
on the project entitled "Vail Nonpoint Source Management Plan" includes results of
the study, and policy and engineering recommendations for fiurther improving the
quality ofi s4ormwa4er runoff.
2.3 lower Eaq9e Raver Watershed (Eaqle River Seqments 9 10 11, and 12)
The Eagle River downstream, from Gore Creek to its confluence with the Colorado
F2iver at Dotsero, is affected by wastewater discharges, irrigation return flows,
mineralized groundwater seepage, and runoff from highly erodible soils. There is a
major natural source of chloride from rocks in the area of Lake Creek, immediately
downstream from Edwrards. Farther downstream, specific conductance, and
concentrations of dissolved solids and hardness increase.
2.3.1 Maans$em EagBe RBber ffrom C;ore CPeek 40 Dotsero QEagle River
Seg~ent 9)
Impacts associated wifih stormwater and urban runoff in the Vail/Avon corridor were
iden4ified in the 1987 NPS Assessment and the Black Lake Rerservoirs 1041
Application. The pollutant of concern was sediment, although cadmium, lead,
salinity, nutrients, and oxygen demand were also documented.
E-13
As part of the. Eagle Mine monitoring efforts, the Division of Wildlife has a
monitoring site on the Eagle River at Arrowhead. Fish populations at this site have
increased substantially since 1991 when two passes captured 70 trout, to 1994
when two passes captured 290 trout (biomass estimates were 74, 188, and 228
pounds of brown trout per acre in 1992, 1993, and 1994 respectively).
Macroinvertebrate species diversity at this site in 1993 and 1994 were 2.98 and
3.66 respectively. At this site water quality standards for cadmium, manganese, and
zinc continue to be exceeded, according to DOW data.
Water quality is monitored in the Eagle River at Avon by Battle Mountain High
School as part of the River Watch Program. Dissolved cadmium, copper, iron, lead
manganese, and zinc are regularly detected, with manganese well above water
supply standards, and zinc regularly exceeding the acute standard set to protect
aquatic life.
Fish kills have been observed in the lower Eagle River on an occasional basis from
Edwards to Gypsum. Furunculosis (a bacterial infection) has been the primary
agent responsible, but the decrease in resistance to bacterial infections has been
ascribed to the increase in general stress experienced by the fish. The stress is a
result of higher water temperatures, low dissolved oxygen concentrations, and loss
of habitat.
,
Average zinc concentrations at Edwards for the period 1988 through 1992 (167
mg/L) exceed the state's water quality standard using the average hardness at this
site for that,period (164 mg/L as Ca C03). .
+ .
• A review of Water Quality Control Division monitoring data from 1977 to 1994 indicates total phosphorus concentrations on the Eagle River exceed Environmental
Protection Agency recommended levels (0.05 mg/L) and increase from the
confluence with Gore Creek dvwnstream to Gypsum. Concentrations are highest
over the three years from 1984 to 1987, with an average concentration of 0.218
mg/L. Average concentration for the period 1977 to 1994 at Gypsum is 0.102 mg/L.
Water quality data is collected by Eagle Valley High School in Eagle, Gypsum and
below Gypsum, as part of the [)ivision of Wildlife's River Watch Program. In Eagle,
pH and dissolved oxygen appear good (although samples have not been collected
during the summer low flow period). Cadmium and copper are detected
infrequently, and zinc does not exceed the acute aquatic life standard, although it is
regularly detected. In Gyps-am, dissolved oxygen is low during the winter low flow
period (summer samples are not collected) and metals concentrations generally
meet water quality standards. Below Gypsum, water quality appears good, although
dissolved copper concentratiorrs are higher than in town.
A review of Water Quality Control Division data collected at Dotsero from 1977 to
1994, indicate that all water quality standards are met at this site, with the exception
E-14
of an occasional exceedance of manganese and fiecal coliform standards. To4al
phosphorus concenfrations at fihis site for the period ofi recotd average 0.082 mg/L.
2.3.2 Bead~~ Cireek (portion of Eagle Rierer Segnnents I & 6)
Beaver Creek has been studied extensively by the Water Quality Control Division
because of ski resort developmen4 in fihis area. The results indica4e that the stream
has seasonal changes in water quafifiy, with increased concentrations of alkalinity,
hardness, and dissolved solids occurring at lower flows.
s 2.3.3 NiaBk and A8kal's Cveeks (Eag@e River Segrneng 11)
Nii{k and Alkali Creeks join the Eagle River from the north in the vicinity of VVolcott,
and have been identified as con4ributing a very substantial amounfi of nonpoint
source sedimen4 and salt. Nii1k and Alkali Creeks have a combined land area of 63
square mifes (40,320 acres). Public lands in these areas account fior 56% of the
4ofiaf fand area. The geology of the area is dominated by Pierre shale, Niobrara forma4ion (caicareous shales and marly limestone), and Benton shale.
Permeabili4y is slow, surface runoff is rapid, and the hazard of erosion is high.
Water qualifiy sampies collecfed by the Denver VVater Department in 1976 in Alkali
Creek had a specifiic conductance exceeding 600 umho/cm for a4 leas4 one
sampling period, and Niuddy Creek, a fributary fio Alkali Creek, had a dissolved
solids concen4ration of 1,178 mg/L and a specific conduc4ance of 1,180 umho/cm.
z fiililk, A?Ikali, and Muddy Creeks are reported in the 1987 NPS Assessment 4o be
significan4 sediment sources 40 the Eagle River. 59% of salinity samples taken in
the lower Eagle River were above 500 mg/L. Saline soils as well as urban and
highwray salt runoff are identified as the source of the elevated salinity
concentrations. The Bureau of Land Management (BLM) has monitored wrater
quality in iViilk and Alkali Creeks, and have fiound 4otal dissolved solids
concentrations during low flow periods to average about 1,000 mg/L. Total salt load
from the public lands in the tvvo watersheds wras estimated to be 2,600 tons per
year. Sediment concentrations as high as 12,000 mg/L have been recorded by the
BLM during spring runoff. Impac4s to the fisheries in the Eagle River have been
= documented by the D01/V (1971, 1982, and 1989). The BLIVI has completed a
managemen4 pfan for that portion of the land which 4hey hold, and have begun
implementation of thafi plan. Additionally, the Eagle River Council obtained a EPA
319 grant in 1989 fio construct check dams and drop structures on private lands in
critical areas of 4hese watersheds.
Macro inver4ibrate studies were done as part ofi the project in 1988 and 1992.
Stations above and below Milk and Alkali Creeks on the Eagle River all had a mix of
tolerant and intolerant species, with no major differences between sites. Overall,
E-15
water quality and instream habitat conditions appeared better at all stations in 1992
than in 1988.
2.3.4 Brush Creek (Eagle River Segment 12)
Brush Creek is mainly affected by nonpoint sources of pollution. Downstream from
Eagle, Brush Creek had a specific conductance of 427 mg/L and a dissolved solids
concentration of 630 mg/L in August 1975. Benthic diversity decreased
downstream, from 3.33 to 2.38, indicating water quality degradation in the
downstream reaches of Brush Creek, primarily from irrigation return flow. The US
Forest Service sampled Brush Creek at several sites upstream from Eagle since
1973, and concluded that the water upstream from Eagle is acceptable for all uses.
2.3.5 Gypsurra Creek (portion of Eagle River Segment 10)
Gypsum Creek has water of suitable quality for all uses in its upstream reaches.
Increased specific conductance and increased concentrations of alkalinity,
hardness, sulfate, and dissolved solids were measured downstream. The increases
are possibly the result of irrigation return flow and mineralized ground water
seepage. Ground water from the Eagle River Evaporite, west of Edwards, and the
Pierre shale, north of Wolcott, is the most mineralized water in the lower Eagle
River watershed.
2.4 Colorado Water Conservation Board Watershed Instream Flows
Table 12 lists the Colorado Water Conservation Board's (CWCB) instream flow
filings in the Eagle River watershed. These filings are located on most of the
tributaries and mainstem of the Eagle River. . Colorado statute (CRS 37-92-102(3)) recognizes that preserving the natural
environment to a reasonable degree, through the protection of instream flows and
natural lake levels in natural lakes, is a beneficial use of water. Under the same
statute, the CWCB is declared the exclusive agent authorized to appropriate water
rights for the purpose of preserving the natural environment. It is also stated that
the acquisition of the water rights to protect instream flows has to be made within
the context of existing water rights appropriation regLilations. Instream flows are
therefore subject to appropriation dates, and the CWCB can call out water rights
junior to their own for maintenance of those flows. Thus, the fact that the CWCB
has filings for these instream flows does not ensure that streamflows will always
exceed these minimums, as the water rights associated with these flows have
appropriation dates which are not that old. Most of the appropriation dates for
instream flow filings in the Eagle River watershed are between 1977 and 1980.
E-16
I
Table 93 ' Colorado 1iVater Conservation Board Ins4ream Flouv Appropriations
EAGLIE RIVER VlIATERSHED
STREAFA UPPER TERMINUS L01l1lER TERNHINUS LENGTa-9 AMOUNT APPFtOP
(miles) (cfs)
~
Abrams Ck ' headwaters diversion 4.3 0.5 03-17-80
lBeaver Ck Beaver Lake confl Eagle Riv 7 92 (5/9-9/30) 05-09-75
4 (90/9-4/30)
Bennet4 Gulch headwaters confl SF Eagle Riv 3.5 2 05-92-78
Berry Ck headwaters north boundary line 4.7 9 03-97-80
Bighorn Ck headwaters confl Gore Ck 5 3 07-27-77
Black Gore Ck lovver Black Lake confl Gore Ck 90 7(5/1-9130) 07-27-77
3 (10/9-4/30) -
Black Gore Ck lower Black,Lake confl Gore Ck 10 4(90/9-90/31) 05-09-86
(enlargement)
Booth Ck headwaters confl Gore Ck 4 3 07-27-77
Brush Ck confl E 8 VI! Brush Cks confl Eagle Riv 92 12 07-27-77
m Catarac4 Ck headwaters confl EF Eagle Riv 3.5 9 05-12-78
~ Cross Ck headwaters confl !N Cross Ck 5 5 05-92-78
V
Cross Ck confl W Cross Ck confl E Cross Ck 3.5 10 05-92-78
Cross Ck confl E Cross Ck confl Eagle Riv 8 20 (5/9-9/30) 05-92-78
8 (90/1-4/30)
Eagle Riv confl EF & SF Eagle confl Resolution Ck 2 12 (5/1-9/30) 05-12-78
Riv S (90l1-4/30)
Eagle Riv confil Resolution Ck confl Homes4ake Ck 6 95 (5/1-9/30) 05-92-78
8 (10/1-4/30)
Eagle Riv ' confl Homestake Ck confl Cross Ck 6 25 (5/9-9/30) 05-12-78
11 (10/9-4/30)
Eagle Riv confl Cross Ck confl Gore Ck 4 50 (5/1-9/30) 05-12-78
20 (90/1-4/30)
Eagle Riv confl Gore Ck confl Lake Ck 10.1 85 (5/1-9/30) 03-17-80
35 (10/9-4/30)
STREAM UPPER TERMINUS LOWER TERMINUS LENGTH AMOUNT APPROP
(miles) (cfs)
Eagle Riv confl Lake Ck confl Brush Ck 20 110 (5/1-9/30) 03-17-80
45 (10/1-4/30)
Eagle Riv , confl Brush Ck confl Colorado Riv 12.8 130 (5/1-9/30) 03-17-80
50 (10/1-4/30)
E Brush Ck Lake Charles confl W Brush Ck 10 7(5/1-9/30) 07-27-77
4 (10/1-4/30)
E Cross Ck headwaters confl Cross Ck 2.5 4 05-12-78
E Lake Ck headwaters confl Middle Lake Ck 9.3 20 (5/1-9/30) 03-17-80
10 (10/1-4/30)
Fail Ck Tuhare Lake confl Eagle Riv 8 5 05-12-78
Game Ck neadwaters confl Eagle Riv 3.5 1 05-12-78
Gore Ck headwaters confl Black Gore Ck 7 10 (5/1-9/30) 07-27-77
5 (10/1-4/30)
Gore Ck confl Black Gore Ck confl Red Sandstone 7 16 (5/1-9/30) 07-27-77
Ck 6 (10/1-4/30)
rn Gore Ck confl Red Sandstone confl Eagle Riv 4 22 (5/1-9/30) 07-27-77
OD Ck S (10/1-4/30)
Gore Ck headwaters confl Black Gore Ck 7 5(10/1-10/31) 5-09-86
, (enlargement)
Gore Ck confl Black Gore Ck confl Red Sandstone 7 10 (10/1-10/31) 05-09-86
(enlargement) Ck
Gore Ck confl Red Sandstone confl Eagle Riv 4 14(10/1-10/31) 05-09-86
(enlargement) Ck
Grouse Ck headwaters confl W Grouse Ck 5 1 05-12-78
Grouse Ck ' confl W Grouse Ck confl Eagle Riv 0.8 2 05-12-78
Gypsum Ck outlet L.E.D.E Res confl Red Ck 4.3 5 03-17-80
Gypsum Ck confl Red Ck confl Eagle Riv 16.6 6 03-17-80
Jun~- Ck headwaters USFS boundary 3.4 0.5 03-17-80
Line Ck headwaters confl Turkey Ck 4 1 05-12-78
I
STREAM UPPER TERA/11NUS LOlIi/ER TERftflINUS LENGTI-9 AfiA0UN7 APPROP
(miles) (cfs)
iUicAllister Gulch headwaters confl Eagle Riv 2 9 05-92-78
iMiddle C!c headwaters USFS boundary 4.8 'i 03-17-80
Mitchell C!c headwaters confl SF Eagle Riv 2.8 9 05-92-78
Nofch flfltn Ck headwaters confl Fall Ck 2.5 9 05-92-78
Pearl Ck headwaters confl Resolution Ck 2 9 05-92-78
Pi4kin C!c headwaters confl Gore Ck 5 3 07-27-77
Red Sandstone C!c headwaters confl Indian Ck 4.5 2(5/1-9/30) 07-27-77
9 (90/9-4/30)
Red Sandstone Ck conil Indian Ck confl Gore Ck 2.5 2.5 (5/1-9/30) 07-27-77 9.5 (90/1-4/30)
Resolution Ck headwaters conil Pea?1 Ck 4 2 05-92-78
Resolution Ck confl Pearl Ck confl Eagle Riv 2 3 05-92-78
Rule Ck headwaters confl Eagle Riv 1.5 0.5 05-92-78 Sopris Ck headwaters con(I Missouri Ck 3 2 0542-78
m SF Eagle Riv headwaters confl EF Eagle Riv Qi 3 05-12-78
(D Squaw Ck headwaters norlh line 5.3 9 03-97-80
Sfone Ck headwaters Nat'I Forest boundary 2.9 9 03-97-80
Turkey Ck headwaters confl UVearyman Ck 6.5 4 05-92-78
Turkey Ck confl Wearyman Ck confl Eagle Riv 3 7 05-12-78
Two Elk Ck headwaters confl Eagle Riv 4 4 05-12-78
Wearyman Ck headwaters confl Turkey Ck 4.5 2 05-92-78
1A! Brush Ck Sylvan Lake confl E Brush Ck 5 8 07-27-77
W Cross Ck ' headwaters confl Cross Ck 5 4 05-12-78
W Grouse Ck headwaters conil Grouse CEc 5.5 'i 05-12-78
W Lake Ck headwaters USFS boundary 6.8 5 03-97-80
Whitney Ck headwaters confl Homes4ake Ck 2.5 1 05-12-78
Willow Ck headwaters c)nfl Turkey Ck 3 1 05-92-78
STREAM UPPER TERMINUS LOWER TERMINUS LENGTH AMOUNT APPROP
(miles) (cfs)
Yoder CK lWurtz Ditch hdgt lconfl Eagle Riv 3 1 05-12-78
m
N
O
The f{ovvs established are generally the minimum necessary 4o preserve the natural
environmenf to a reasonab{e degree, and are usua{ly fairiy junior in priority.
Prolonged periods of 4ime at these minimum fiows vvould have an impact on the
natural environment and on the designa4ed uses of thafi stream segmenfi's water.
There have been some discussions an the appropriateness of some of the instream
flowr #ilings, and i4 is recommended that the Division of 1iVildlife, the Division of Parks
and Ou4door Recreation, and the CVIICB examine the development of the instream
filow filing recommendations, and potentially revise 4hose recommendafions where
appropria4e.
3.0 WATER QUAL9TY 9SSUES
3.1 Poant Soa,rce Issaaes
fiilos4 of the point source issues have to do wifih the assimilative capacity of the
stream to absorb was4ewater flows. Additionally, water quality impacts from mining
ac4ivities continue to be an issue.
3.1.1 Municupa8 Dascharges
Point source problems were extensively evaluated by the V1/ater Quality Control
' Division in 1974 as par4 of the Colorado River Basin 303(e) Plan. PQinfi source
4reafiment needs, consolida4ion of was4ewater 4rea4ment facilities, waste load
allocations, trea4menfi alternatives, and other related matters were addressed in the
basin plan. The principal problems addressed included the need for ammonia
removal capabili4y at domestic facilities to protect Gore Creek and the upper Eagle
River firom ammonia 4oxici4y and the dissolved oxygen content of the streams.
Since the adoption ofi the basin plan in 1974 and the 1978 version of the 208 plan
(which incorporated ifs recommendations), the development of wastewater
4rea4menf facilities has generally proceeded in accordance with its
recommenda4ions. Facility plans under Section 201 of the C.lean Water Act have
- defined the precise 4reafinent mechanisms and locations for waste water treatment
and have implemented the recommendations of both the 208 and basin plans. A
facility plan for the expansion of the Upper Eagle Valley Consolidated Sanitation
Districfi plant was the subject of an Environmental lmpact Statement which also
focused on the relationship between growth and developmenfi activities in the area
and the need fior con4rol of nonpoint sources from urban runoff and construction
activities.
The major poin4 source discharges in the Eagle River wa4ershed are municipal
wastewrater treatment plants, listed in Table 14, along with their Colorado Discharge
Permit Sys4em number and 4heir hydraulic capacity.
E-21
Table 14. Ea le River Munici al Wastewater Treatment Facilities
CDPS # Facility Name Resp. Party Hydraulic Cap,
MGD
CO-0021059 Eagle 1NWTF Town of Eagle 0.27
COG-584001 Gypsum VWVTF Town of Gypsum 0.35
CO-0021385 Red Cliff WWTF Town of Red Cliff 0.07
CO-0021369 Vail WWTF UEVCSD 2.7
CO-0024431 Avon WWTF UEVCSD 3.2
CO-0037311 Squaw Creek W1NTF UEVCSD 1.2
Dotsero MHP WWTF Dotsero MHP 0.02
Red Cliff Wastewater Treatment Plant
The Red Cliff wastewater treatment facility.is a 70,000 gallon per day maximum
hydraulic capacity activated sludge plant providing secondary treatment,
constructed in 1972. It has average flows of 225,000 gallons per day and peak
_ flows frequently exceed 500,000 gallons per day. It is well over its capacity due to
infiltration/inflow problems and extremely high water usage by the inhabitants who
keep tap water running during cold weather to prevent waterline breaks (bleeding).
Estimates of winter bleeding are on the order of 100,000 gallons per day. The
1994 draft 201 plan estimated the cost of upgrading wastewater facilities for Red
Cliff to be 3.9 million dollars. The July 1993 population estimate of Red Cliff was
302. According to a May 1994 draft 201 plan for the plant, the population is 440.
Additional work is being done by the town to examine alternatives and decrease
. costs for providing wastewater treatment to the community. A new 201 Plan was
released in May of 1995. The recommended alternatives in this 201 Plan included:
repair collection system and treat flows using Upper Eagle Valley Consolidated
Sanitation District facilities ($6,400,000); repair collection system and treat flows
using a submerged rotating biological contractor ($4,530,000 and no
improvements to the collection system and treat flows of 100,000 to 900,000 gpd
using a dual system of screening, filtration, and disinfecfion for high flows and a
physical/chemical treatment pracess for low flows ($2,080,000). The Department of
Local Affairs Energy Impact Assistance Grant advisory committee recommended
partial funding to address collection systme improvements in 1996. -
Vail Wastewater Treatment Facility
The Vail wastewater treatment facility is a 2.7 million gallon per day (MGD) tertiary
treatment facility with 1995 projected average flows of 1.8 MGD and peak flows of
2.4 MGD. The plant treats for ammonia and has an ammonia discharge limit based
on 1 E3 (1 day in 3 year low flow event) for acute toxicity limits and 30E3 (30 day in
3 year low flow event) for chronic toxicity limits. There are no current plans to
expand this facility. The plant serves an average of approximately 15,500 people.
Peak ski area capacity is 19,900 [Vail Category III Ski Area Development draft
E-22
Environmental Impac4 Statemenfi, 1995]. The drafit EIS also states that the Vail
area's bed base is greater than 19,900 persons. The plant can currently meet peak
#lows #or approximately 20,000 persons. There is a system interconnect wi4h the
Avon PIan4, which vvill allow peak flowrs in excess of the plant's capacity to be
treated down valley. Current capital expenditures are focused on reducing
inflow/infiltation to the collec4ion system. Sludge is moved to the ,4von wastewater
fireatment facili4y via a gravity flow through a trunk line. Vail's discharge permit
expires in 1998.
Avon Was4ewater 5frreatment P9ant
The Avon dvastevvater 4rea4men4 planfi is a 3.2 NiGD fiertiary treatment facility.
Average flows are 2.1 iVIGD and peak flows are 2.6 MGD. A major expansion is
planned for 1995 to increase plan4 capacity 40 4.3 MGD at a cost of $6 million.
Sludge is currently dewatered with a belt press and composted adjacent to the
Eagle County landfill near Wolcott. The plan4 treats for ammonia and has ammonia
discharge concentration limits. This plant serves an estimated population of
14,815. Its permit expired in 1994, but is being extended until the plant expansion
planning or until the expansion is completed. The plant is being expanded by the
addition of primary clarifiers and autothemal diges4ors for the treatment of the
biosolids. The diges4or solids vuill be land applied as class A sludge. This
expansion is expecfied to meet the needs of the Avon area (which includes the
areas of Dowd Junction and Minturn, and sludge from the Vail plant) for twenty
years. (2015).
Squaw Creek Was4ewate~ Treatment Plant
's Squaw Creek wastewater treatment plant is a 1.2 fVIGD secondary plant which
currently receives average flows of 0.6 MGD and peak flows of 0.77 MGD. The
plant serves an estimated population of 4,075 (over 2,000 EQRs). The plant treats
fior ammonia and has ammonia discharge concentration limits. Sludge disposal is
similar to the Avon plant and the 1995 expansion includes increasing the sludge
belt pressing capacity. 'fhe Squaw Creek plant permit expires in iVovember 1997.
Eag@e Wastewater Treatmerat P9ant
The Eagle wastewater treatment plant is a 0.273 MGD extended aeration activated
sludge plan4, consfiructed in 1974. The plant is not required to meet ammonia
effluent concentration limits, but the plant is required to monitor ammonia discharge
concentrations. Sludge disposal is accomplished via drying beds and hauled to
the Eagle County landfill. The Eagle plant serves the Town of Eagle and the
surrounding area. It is currently receiving flows in excess of 80% of its rated
capacifiy, and is curren4ly developing a 201 fiacilities plan.The anticipated dischage
capacity ofi the expandind facility is 0.546 NiGD. Eagle Sanitation District's permit
expired in June of 1995 and is currently extended through the plant's expansion.
E-23
Gypsum Vllastewater Treatonent Plant
The Gypsum wastewater treatrnent plant is a secondary treatment 0.3511IIGD
aerated lagoon system with chiorination and dechlorination of effluent which
discharges to the Eagle River in Gypsum. It receives average flows of 0.177 MGD
and peak flows of 0.286 MGD. The plant does not have ammonia discharge limits,
but is required to monitor ammonia discharge concentrations. Sludge disposal
occurs on a fiive to ten year basis due to the lagoon treatment. The plant serves the
town of Gypsum and will be serving the Eagle County Airport which is currently on
. an ISDS system. The Gypsum permit expires in 1999. Dotsero Mobile Home Park 1Mastewater Treatment Plant
The Dotsero Mobile Home Park wastewater treatment plant is a Rotating Biological
Contactor plant (RBC) will be covered under the state's general permit for
discharges to groundwater.
3.1.2 Population Projections
Population projections for the e,ounty and the municipalities in the Eagle River
watershed are listed in Table 15. As previously stated, the county's annual average
population growth over the last 3 years has been 4.9%, and since 1980 the growth
rate has been 92% (7.1 % per year).
Table 15. Eagle County Population Statistics And Projections
Permanent Po ulation'
ENTITY 1980 1990 1993 1995* 2000* 2005* 2010* 2015*
' Eagle County 12,791 20,932 23,639 25,355 29,091 31,952 34,968 37,924
(excl. Basalt)
Avon 640 1,798 2,365 2,538 2,893 3,211 3,532 3,815
Eagle 950 1,580 1,647 1,767 2,014 2,236 2,460 2,657
Gypsum 743 1,750 1,945 2,087 2,379 2,641 2,905 3,137
Minturn 1,060 1,066 1,134 1,217 1,387 1,540 1,694 1,830
Red Cliff 409 297 302 324 356 395 435 470
Vail 3,555 3,716 3,868 4,150 4,731 5,251 5,776 6,238
= - Information from the Division of Local Affairs -
Estimated populations
Peak Po ulations
ENTITY 1995' 2000' 2005' 2010* 2015*
Eagle County 45,000 51,000 57,800 65,500 80,000
Avon 17,675 23,508 29,341 35,174 48,582
Eagle 2,120 2,417 2,755 3,140 31579
Gypsum 2,500 2,850 3,249 3,703 4,220
E-24
Min4um 1,600 1,760 1,936 2,130 2,343
Red Cliff 400 438 470 500 538
Vail 19,900 . 19,900 19,900 19,900 19,900
Peak population notes:
Red Cliff numbers from May 9995 201 Facilities Plan
,4von numbers from UERV!/A 1041 Water Treatment Plant Expansion Permit
Application, fiAarch 97, 9995 and includes Avon, Arrowhead, Beaver Creek,
Berry Creek, Eagle-Vail, Edwards, and out-of-district, SFE X 2.5
Vail numbers from Vail Category I{{ Expansion draft EIS, 1995
As growth confiinues in the S4ate of Colorado, both in-basin and 4ransbasin water
diversions will incresse, leading to lower instream flows and increased water
consumption. As future plant expansions are considered, it is critical that the water
and sanitation dis4ricts consider the effects ofi increased diversion on instream
filows. Reuse of wastewater should be examined as one method of reducing
instream flouv diversions.
3.1.3 Ba~dusgraa8 Discharges
Industrial discharges to the Eag1e River and its fiributaries include the Eagle Mine,
the Eagle County airport, cons4ruc4ion dewatering projects throughout the
watershed, stormvvater permit for cons4ruction activities throughout the watershed,
and sand and gravef mining in the lower reaches of the Eagie River. These
discharges are a11 permi4ted through the Colorado Discharge Permit System,
; adminis4ered by the Coforado Water Quality Control Division. These activities
• have, for the most part, small quantifiies of discharge. Occasionally these
discharges affec4 water quality, but usually these effects are temporary in nature.
The greatest concern wifih the discharges (outside of the IEagle Mine) is the
cumulative impacfi (especially with respect to sediment) that these discharges have
on the Eagle River.
3e9.4 P09n$ SoQAPCe ISS&9eS - Survamaury
In summary_, the current point source water quality problems of streams in the Eagle
river vvatershed are:
~ Continuing to provide for an adequate ievel of ammonia removal to avoid
ammonia toxicity problems in Gore Creek and the upper Eagle River. Current
levels o# waste water treatment are adequate 4o meet existing wrater quality
standards bu4 decreased levels of streamflow due to upstream water
developmenfi projects may require higher levels of treatment to maintain existing
water quality levels in the upper Eagle River.
E-25
o The wastewater treatment system at Red Cliff needs to be improved.
o The control of sediment from small industrial discharges as it relates to the
cumulative impact of sediment on the Eagle River.
3.2 Point Source Recommendations
The district consolidation accomplished by the Upper Eagle Valley Consolidated
Sanitation District is strongly supported by the Northwest Colorado Council of
Governments, and should be used as a model for the development of regional
sanitation districts whenever feasible. The economic, political, and environmental
benefits of regional wastewater management cannot be overstated.
Red Cliff wastewater treatment facilities must be improved to meet wastewater
treatment standards. Both inflnw and infiltration problems should be addressed and
corrected.
Ammonia wasteload allocations need to be carefully monitored with respect to
potentially decreasing tow stream flows (1 E3 and 3E30 conditions).
As future water and wastewater treatment plant expansions are considered, it is
critical that the districts consider the effects of increased diversion on instream
flows. Reuse of wastewater should be examined as one method of reducing
instream flow diversions. Another consideration should be the location of diversion
-and return flow structures, whiGh should be located in close proximity to each other.
3.3 Nonpoint Source Issues
The major nonpoint source water quality.issues, listed in priority order, in the Eagle
River watershed include: mining activities (primarily historic); urban and
construction activities; hydrologic modifications, recreation, and agricultural
activities.
3.3.1 Mining Impacts
Excessive trace element con^entrations exist in Cross Creek and the upper Eagle
River as a result of drainage from historical mining areas including the Eagle Mine.
This site has been designated a Superfund site under CERCLA and an analysis of
the sources contributing to these surface and groundwater problems has been
completed. A great deal of progress has been made in improvements in water
quality and biological restoration as a result of remedial activities at the Eagle Mine
Superfund site.
E-26
The potential- exisfis #or fufiure mining in the Eagle F2iver watershed. If the activity is
no4 stric4ly regulated, wa4er quali4y could be negatively effected.
3.3.2 Urban and Cons4ruct6on ActivAtoes
Urban and construc4ion activities have been shown to impact water quality [Vail
Nonpoint Source VVater Quality Management Plan, 1995]. These impacts include
sediment, nu4rienfs, mefiais, fecal, and organic pollutants. Loss of riparian area
vegetation 4hrough stream side development and o4her activities also impact wa4er
quality and the aquatic community.
An increase in nutrient loading is caused by the increased use ofi sepfic systems
[Dillon Reservoir Clean Lakes Study, 1982]. Septic system management is
addressed under Policy 4, which addresses domestic and municipal wastes.
Documented water quality problems from septic systems include high levels of
bacteria in priva4e and public water supplies and elevated levels of nutrients.
Regulation of septic sys4ems is performed by the County, using state and local
criteria (the local criteria have fio meet minimum state criteria). The state
requirements for ins4alla4ion of septic systems have recen4ly been upgraded (1994)
to address water quality problems. A number of studies in the Blue River
watershed have documenfied the nonpoint source incr.ease in nutrients from septic
, systems, although the studies did no4 determine if the elevated levels were due to a
few failing systems or due 4o the general pertormance of septic systems. A septic
system inspection and main4enance program should be initiated in the basin to
` identify and correct failing sep4ic systems.
Increased consumption of wa4er through increased developmenfi could potentially
lead to decreased instream flows and increased concen4rations of pollutants, due
to loss in dilu4ion flows.
As growth continues to occur throughout the watershed, it becomes more
imperative that these activities minimize and/or mitigate 4heir impacts upon water
quality, in order to protect existing quality.
3.3.3 HydroBoguc Modsficataons
3.3.3.1 Transbasin Diversions.
Current 4ransbasin diversions account for approximately 6% of the tofiat streamflow
in the watershed (Eagle River Assembly, Phase I FZeport, 1994). In 1993, 36,121
acre feet of water in the Eagle River watershed were diverted out of the basin (State
Engineer's Office, Division V diversion records). Out of basin diversions are 100%
E-27
consumptive, i.e. none of that vvater is returned to replenish the stream. These
diversions include: the Homestead Tunnel (22,961 acre feet per year, ten year
diversion average); the Wurtz Ditch (2,659 acre feet per year, ten year diversion
average); Columbine Ditch (1,839 acre feet per year, ten year diversion average);
and Ewing Ditch (1,239 acre feet per year, ten year diversion average).
Additionally, there are several substantial conditional transbasin diversion rights
totaling an additional 100,000 acre feet (Homestake II has approximately 22,000
acre feet of conditional rights). It should be noted that these transbasin diversions
occur primarily during the spririg runoff, and therefore do not affect instream flows
during the times of critical low filow, due to senior downstream appropriations (Eagle
River Assembly, Phase I Report, September 1994).
These transbasin diversions occur high in the watershed, and remove high quality
water from the streams, resulting in loss of high quality dilution flows within the
watershed.
There are increased water development activities associated with transbasin
diversions to the eastern slope of Colorado including the Denver Water
Department's Eagle-Piney and Eagle-Colorado projects, and the expansion of the
Homestake project on the upper Eagle River. These projects have the potential to
increase the concentration of F>ollutants (through a reduction in the amount of
dilution flows in the Eagle River), including ammonia and chlorine at existing point
source discharges, and signific;antly modify the hydrology of the Eagle River.
According to the Eagle Mine Remedial Investigation performed for the Colorado
Department of Public Health and Environment, concentration of inetals in the upper
Eagle River would be increased as a result of diversions from the Homestake 11
project. This could affect public drinking water supplies downstream and eliminate
some of the potenfial benefits t:o aquatic life which are resulting as a consequence
of the remedial actions at the E:agle Mine site. Details of these water development
projects would be evaluated at the time of review of development applications under
local land use regulations:
In the 1993, water year those ciiversions accounted for 36,121 acre feet of water.
As a comparison, the State's Vylater Resources Division has estimated that in-basin
diversions for that same period were 6,800 acre feet. However, it should be noted
that the..transbasin diversions generally occur during the spring runoff, when low
instream flows are not a concern, while in-basin diversions occur throughout the
entire year and do exacerbate low stream flows at critical times.
3.3.3.2 In-Basin Diversions
Throughout the Eagle River shortages in streamflow occur. A shortage is defined
, as an event when stream flow is lower than the CWCB instream flow amount for
several consecutive days (Eagle River Assembly, 1994). Depending on the stream
E-28
reach and the 4ime of year (lafe summer or early winter) 4hese shortages occur wifih
a#requency of 1 in 2 years 40 1 in 10 years (with the exception of the Eagle River
betv+reen Brush Creek and the Colorado River confluence, vvhen instream flow
shortages appear 40 occur only during the lafie irrigation season in dry years).
In-basin water users divert wa4er for domestic, irrigation, snowmaking, and industrial
uses. Although the 4o4a1 amoun4 of vvater diverted by in-basin users is less than
firansbasin Water users, these uses occur during periods when stream flows are low
(Eagle River Assembly, 1994). It should also be noted that not all of the vvater
diverted is consumed, with consumption ranging from 5-10% fior domestic purposes
40 50-70% consumption (or greater for golf courses) for irrigafion. VVater
withdrawals impact vvater quality due to lower stream flows which, as previously
mentioned, lovver the dilution flow and assimilative capacity of the stream.
303.4 Reca°eatfion
' Recreational activities can have an impact on water quality. These impacts range
from disturbance, soil compaction, and erosion in riparian areas, 4o snow making
and golf course wrater withdrawals, to littering and associated water pollutants.
3.3.5 Aga°6cu9tura0 Actuvoties
_ Agricultural activities (from livestock grazing, hay produc4ion, and logging) have
i. been documented to impact water quality, especially wrhen those activities take
place in riparian areas, but also when good management practices are not
implemented in upland areas. Locally appropriate Bes4 Management Practices
(BiVlPs) are recommended fior agricultural ac4ivities (see Policy 3- Land Use and
Disturbance).
303.6 M9lk and AlkaO9 ~~~ekS
These creeks confiribufe a signifiicant amount of sediment and salt to_the Eagle
River, due-to the naturally high erosive soils in these drainages and poor vegetative
cover. Future efforts to reduce erosion, or possibly trapping the sediment prior to
flowing into the Eagle River should be a high priority in this watershed.
3.4 ftlonpoan4 source Recomrnenclations
Policy 1: VVater Quality; Policy 2: V1/ater Use and Developmen4; Policy 3: Land Use
and Developmenfi; Policy 4: Domestic Municipal, and Industrial VVastes; Policy 5:
Chemical Management; in !lolume I should be implemented by the appropriate
E-29
management agencies in the E:agle River watershed to address nonpoint source
issues discussed in section 3.3.
Urban runoff and construction activities in Gore Creek and the upper Eagle Valley
will continue the need for control of these sources of water degradation as identified
in Policy 3- Land Use and Disturbance - Implementation Recommendions.
Municipal, county, and other agency nonpoint source water quality improvement
projects should continue to be supported by local, state, and federal funding.
4.0 WATERSHIED IMPROVEMENT PROJECTS
The following projects in the Eagle River watershed have been undertaken to
improve watsr quality in the basin.
4.1 Existinq Proiects ,
4.1.1 Eagle Mine Site Remedial Action Plan and Record of Decision
A number of actions have taken place at the Eagle Mine as a result of the Remedial
Action Plan and Record of Decision. Included in these activities were: consolidation
of the mine tailings (Consolidated Tailings Pile, CTP); a wastewater treatment
. system which cleans water from the CTP and the mine itself; a sludge dewatering
system at the wastewater treatment plant; capping of the CTP; reclamation of a
wetland impacted by tailings (approximately 13 acres); and monitoring activities.
Water quality and the fishery appears to be improving as these activities have taken
place. For more information on the Eagle Mine clean up, contact the Viacom
Project Manager at Eagie Engineering Services, the Colorado Department of Public
Health and Environment's Haz:ardous Materials Division Project Manager, or the
EPA Project Manager. .
4.1.2 Vail Nonpoint Source Management Plan
Beginning in 1992, the Town ofi Vail and the Northwest Colorado Council of
Governments cooperated in developing a model Nonpoint Source Management
Plan for the Town of Vail, based on the stormwater permit requirements for large
municipalities (greater than 100,000 population). Land use based estimates of
pollutant loads were done using stormwater samples collected from various land
uses, historical water quality data was statistically analyzed to determine trends, a
E-30 .
e
wefiland sunrey vvas perfomned, and various management practices were
recommended. The plan was completed and approved by the Town of Vail in 1995.
For more informafiion con4ac4 the Town of Vail Communify Developmenfi Department
Senior Environmen4al Planner or the Northwest Colorado Council of Governments'
Wafier Quali4y F'rogram.
4.1.3 Malk and A8ka66 Creek Drairaage Projecg
In 1989, the Colorado llVafer Quali4y Control Division provided nonpoint source
pollution control funding (Section 319 funding) 40 the Eagle River Council fior
initiation of the Milk and Alkali Creek Project Implementation Plan. The 1989 plan
included the placement of large and small rock structures, as well as straw bales
structures in key loca4ions engineered to trap sediment carried through these
drainages. In 1992 the projec4 was revised 4o demonstrate effectiveness of different
technologies. An exis4ing s4ructure was repaired anz4 additional types of s4ructures
were construc4ed (log deflectors, rock retaining wall, and a 4hird rock structure) in an
ephemeral drainage where fiwo sfiruc4ures already existed. This was done 4o see if
a cummulative effect on sedimen4 firapping is demonstrated. The long 4erm impact
to water quality as a resul4 of 4his project is no4 known. Macro invertibrate sampling
vvas also done on the Eagle river as part of this project. For more information,
contacfi Eagle County Environmental Health Division, or the Vllater Quality Control
Division Nonpoint Source Program Coordina4or. •
" 4.1.4 B9ack Lakes EnBargemeaat Project
The Black Lakes Enlargement Project was designed to provide additional drinking
water for the Town of Vail. As part of the developmen4 ofi the project, some of the
water was set aside 4o augment instream flows during low flow periods in the lower
Gore Creek. 300 acre feet of water from the Black Lakes is now available to
augment winter low flows in Gore Creek.
4.1.5 Eag8e Rueer Wa4ershed P@an
The Eagle River V1/a4ershed Plan Project was ini4iated by the ilAinturn Town
Manager in 1994, through an application for Na4ional Park Service Trails and
Corridors Grant assistance. Eagle Couiity acted as the grant applicant. The effort
has resulfed in the Eagle River VVatershed Plan, which has been approved by the
4own and the Coun4y in the Eagle River watershed. The Plan includes chapters on
water quantity, water quality, wildlife, recreation, and land use, as well as
implementation recommenda4ions.
E-31
4.1.6 Gore Creek Partnership
A number of entities in the Gore Creek Valley have joined together to develop a
monitoring program, database, and a water quality management program. These
entities include: the Town of Vail; Vail Associates; Vail Valley Consolidated Water
District; and the Upper Eagle Valley Consolidated Santiation District. They
combined funding efforts to establish a USGS National Water Quality Assessment
Program site at the mouth of Gore Creek and have applied for Great Outdoors
'Colorado funding to assist in the creation of the database and management
program.
4.2 Future Proiects
A recommended watershed project is the establishment of a watershed water quality
group, as discussed in the Eagle River Watershed Plan. Other potential projects
include further work on Milk and Alkali Creeks, and public education on nonpoint
source water quality impacts and mimimization practices.
5.0 LAND USE REGULATIONS APPLICABLE TO WATEFt QUALITY
PROTECT'ION AND IMPROVEMENT
This section is intended to summarize existing local land use regulations applicable
to water quality protection and improvement.
As of January 1996, the streamside setbacks in polace in Eagle County vary by
locality. Eagle County and the Town of Eagle require a 50 foot setback from the
high water mark of any live stream (which generally refers to area creeks and the
Eagle River). Vail requires a 50 foot setback from the centerline of the stream.
Minturn and Avon require a 30 foot setback from the high water mark. Gypsum and
Red Cliff do not have stream setback regulations in place.
Eagle County is the only jurisdiction that currenlty excercises state enabled 1041
- powers: U.nder the County's 1041 authority, permits are required for extensions of
water and sewage treatment systems and industrial and municipal water projects.
Stormwater and erosion control ordinances are in place in Eagte County (which
relies primarily on state standards), Vail, and Avon.
Floodplain control ordinances are in place in Eagle County, Vail and Avon.
All jurisdictions rely on federal wetlands regulations for wetlands protection and
none have additional, specific provisions related to wetlands in place currently.
E-32
e
6.0 WASTELOAD ALLOCPlTIO9tlS
6.1 Ammonaa Waste9oad Allocations
Most streams in the watershed are classified to protec4 cold wa4er aquatic life, thus
4hey have stringent unionized ammonia standards (0.02 mg/L). The unionized
fraction of ammonia in the water depends on stream pH and temperature. Streams in the watershed tend 4o have higher pH values, and this has resulfed in wastewater
facility requiremenfis for advanced wastewater treafiment to reduce ammonia
concentrations. In the Eagle River watershed, the Vail, Avon, and Squaw Creek
vvasfiewater treafinent plants have installed advanced (tertiary) treatment to
decrease ammonia concentrations.
7.0 WATER QUALeTY AAON9T'ORING NEEDS
7.9 EX9S$lfECB MOB'i!$OPBnQ EffOB'$S
Entities monitoring water quality in the Eagle River watershed include: Viacom
(Eagle fVline); the VVater Quality Control Division, the Division of VVildlife; Vail
Associates; Upper Eagle Valley Consolidated Sanitation District; the USGS; the
. Town of Vail; the cities ofi Aurora and Colorado Springs; the Colorado Division ofi
Wildlife's River Vl/afich Program; the US Forest Service and Bureau of Land
Management; and public water providers. Additional information on specific
monitoring efforts can be found in Appendix 5(Select VVater quality Data From
Region XII, writh References For Expanded Water Quality Data).
Individual agencies have tended to monitor water quality without regard to long
term goals, coordination befinreen agencies, and other monitoring efforts. In
addition, an extremely valuable long term Water Quality Control Division data
collection effort at nine stations in the Eagle River vvatershed is being reduced to
one sfiation:
7,2 Wafer QuaBitv Monotoring UVees9s
Accordingly, the Eagle River V1/atershed Plan, and this plan are recommending 4haf
a committee be established to examine existing monifioring programs, compile and
analyze existing data, provide for monitoring program development and execution,
and public information dissemina4i4n.
E-33
r
Specific areas of the Eagle River watershed that warrant continued monitoring
include: Gore Creek, where entities in the drainage have expressed interest in
establishing a database and acquiring additional information on the state of the
creek; the lower Eagle River where fish kills have historically occurred; the Eagle
Mine site;potential water quality changes due to increased density of homes on
septic systems; and the Milk, Alkali, and vte Creeks for additional nonpoint source
sediment control projects.
The loss of the Water Quality Control Division's long term monitoring stations in the
Eagle River watershed will sigiiificantly impact the ability of planning and
management agencies in assessing the watershed's existing water quality trends,
and impacts as a result of watershed projects, planning, and management.
8.0 WATER QUALITY STANDARDS AND RECOMMENDATIONS
8.1 Existinq Classifications and Standards
The current water quality classifications, designated uses, and standards for the
various stream segments in the Eagle Riverwatershed_are listed in Table 15. The
Eagle River watershed had 12 segments identified by the Water Quality Control
Commission. Two of the segments have been designated "Use Protected", while
the remaining ten are reviewable under the State's anitdegradation regulation. Most
of the segments in the watershed are classified for these uses: Aquatic Life, Cold 1; -Recreation 2; Water Supply; and Agriculture.
Two stream segments in the Eagle River watershed are designated Use Protected.
One is the mainstem of the Eagle River from Belden to the confluence with Gore
Creek. The other segment is flnilk and Alkali Creeks from their source to the
confluence with the Eagle River. All other stream segments in the watershed are
reviewable under the State's antidegradation regulation. Three stream segments
are under temporary modifications to the water quality standards. These segments
are all under the influence of the Eagle Mine site.
8.1.1 Designated Use Impairment Segments
The 1994 "Status of Water Quality in Colorado " Report, or 305(b) Report, lists
seven Designated Use Impairment stream segments in the Eagle River watershed.
This list indicates stream segnients which exceed or come close to exceeding water
quality standards. The State's list is included in Table 16.
Six stream segments are listed, due to metal concentrations, two are listed due to
sediment loads, and two are listed due to ammonia concentrations.
E-34
Table 16 ~~~EAM CLASS0F8CAT0~~~ BM WATER QUAf~OTY STANDARDS
REGIOt/t 12 Doe1g Clonotftcu H onn MR7ERIC STANDARDS TEMOOAAAY
PWIf YCAilONS
6ASIPft Eoglo R9vor pHp
OHYSi[WL IlLORRANIC pEtqLg WALIFIQIIS
Stroom Sogmont Dooerlptlon ond
6IOlOGiCAL .
1. A1vll 4r9butortan fo tho Eaglo Aq L14o Cotd 1 D.O.=6.0 mg/1 NM.(((oc/ch)~TVS 5~0.002 da(oc) BO(troc) Fo eh) 300(dte) PO1 I
oe/
eh) Ttl4
Ror oyote~a althln tho Goro Nocrootton 2 D.O.(op)-).b mg/1 C.019 0~0.74 Cd(c3mTVi(tr) fo ch~IOOb(TroeSme)=b(Trae)
Rungo -~aeloo Noat dmtor Supply M=6.$-9.0 CI=ch .0011 NO=~0.08 Cd~ch =YVS Pp ae e)-T~S S acJ-Ttli bllderAaeo Aroa ond Holy Agrlculturo Co11=2000/100m1 CN=.004 P10D=10 CrIII(ee)~40(Yroe) P1n eh~Sb(dlo) Ynec/ch)=TVS
Creno tllldornooo Aroo. C1-2B0 Crtll(me/chimttl5 Mn eb)m1000(iroe)
' S04-250 Cu(ec/ch)- tl5 Hg eA)-0.01 Q4f. 9_8-961
2. P9otnotow oP Tho Eoglo Ntvor Aa L1fo Cotd 1 0.0.=6.0 mg.61 P1H~(uc/ch)~TtlS Sm0.002 A¢ ae) 50(iroe) Fm ch 300(d1o) NI (ac eh) TtlS
4ram tbo oourco 40 4Aa Aocrootlon 1 D.O.(op)=7 crg/1 C11(oc)~0.018 0~0.74 Cd ae)=itl5(tr) Fa ehj=IOOb(Yroc) So(eN lb(Troe)
eomprooaor houao brldgo n¢ dotor Supplq pM-6.4-9.0 C1~(ch)m0.01I P10~=0.09 Cd~ch)=iV5 Pb oc ch) id5 AS (oc~-YV3
Boldon. Agriculturo F.Co11-200/100m1 CN-0.004 PCOj =10 Cr!1(oc)=60(Yroe) PM ths~80(d1o) Yn(oe/ch)=fV5
C1=250 CrVI(ae/tA)=iV5 P1n eh3=lOdO(Troc)
50.-25o tu(oe/cl~)-fVS. Ng eh a0.01 lr4Q. 8-8-98t
9. All Qrlbu4arloo to 4ho Eoglo AQ Llfa Cold 1 D.O.=6.0 r~g/1 NM~ ac ch)-iV5 5-0.002 An(uc 50(Troc) Fo ch 300(dlo) P11 (mc/ch)~TtlS
R1vAr. tneludtng oll lokan pocrootlon 1 D.O.(np)=7.b ~g/1 C1~ cc -0.019 8-0.73 Cd(e~ ~TtlS(tr) Rm ch;~l00b(Troe Sm(cA) 10(iroc
ond POB.rVOIPDe Qraa Qho b7otor Supplq pH-6.S-9.0 C12eh _0.011 NO'-O.OS Cdich#~TVS Vb oc cA)~TdS , A8(oc)=itl3 ,
eourem to Qha canprooeor Agrteulturo F.Col1=200/100m1 CN- .003 NOa-10 Cr II(oc)~40(Yroe) Mn ch m50(dle) Yn(mc/ch)=Ttl$
Aouem brldgo a2 Boldan,
I C1m250 Crtll(ac/ehlotVS Mn eh~000(troe)
oacept tor 4ho apoctile SOa=240 Cu(ce/ch)eTVS Hg ch -0.01 Q49. 9-8-991
lleting in Segment 6 ond Ag(eh)-TVS(tr)
2hoom aetcra lneludod 1n
0. Matnstom ot Homoatoka Craeh AQ ltfo Cold 1 0.0.=6.0 ms 1 NH.ae ch)=TVS 5=0.002 Au ae 1~50 Trac) Fe ch D00(d1a) Nt ae ch)~TYS
fraa 4he con9luence 04 fho 1locroatlon 2 D.O.(ep)-7. m8/1 Cla ac =0.019 a ~0.)S Cd oa ~TV (tr) ia ch;e1000(Troe) Ss ch ~l0(iroc)
Eoe4 Fork to tha confluaneo Idator Supply pHmS.B-9.0 C1~ ch m0.011 N0,-0.06 Cd ch mTVS Pb •c cA)-idS Ag ec~mTVi
wtth tha tagla Ntvor, eacopf Agrlculturo F.Cott=2000/lOWnl CN~ .005 NOa~10 Cr t[(ae)=SO(Yroe) Mn eh~~SO(d1o) 2n ec/ch)-Ttl3
tor thoo• aatoro IneluGed 1n C1-250 Crtlt(ac/ch)~fVS Mn ch ~1000(iroe)
Sogmant 1. SO~ 250 Cu(ec/ch)-Ytl5 Hg ch -0.01 ff04. 3-2-9st
4. Malnaiero o4 the Eaglo tllvor Aq lifm told 1 D.O.=6.0 mg/1 ch ac )-.02TVS S•0.002 Ae(cA m50(?rec) Fe(cA ~)00(dlo) Hg(ch ~O.OS Mn~dlo)=IBO
9ran 2h• eomprosoor houeo UP Rocraetlon 2 0.0.(sp)=7.b r,+g/ NH"
1 NH ah m0 8-0.75 Cd(ch;~Y Fs(ch3~100b(iroc) N1 (ch3~SO ug 1
brldg• e2 Boldon to tho Hotor Supply pNe6.8-9.0 C1`3 ec ~0.019 NO~=0.08 CrIII(ch)~SO V0(ch)-9 Sa(ch)m10(?roe) (E4oce¢/vo
confluoneo aiih fiero Crook. Agrlcutturo F.Co11=2000/IOOanI Cla cA =O.OII NO8~10 CrVI(cb)~26 Pin(ch)=SO(dlu) Ag(ch3~0.f until
CN~ .005 C1a250 Cu(cA)m14 Pln(eh~~1000(Troc) Yn(cn -aoo(aso) 4/30/9e).
SOa=250 6la4or ouPPlY
0om1
. qum1941mr.
AI1 Motoln
Traa unlooa
othmreaf o0
notad.
8. All trlbuterl~a to tho Eaglo Aq L1fm Cold 1 0.0.-6.0 mg/l HH~~(och eh)~TVS 002 As ae 50(Troc) F• ch ~300(d1e) Nt(/eh)~TVS
N1wr, tneludtn9 ell lekoa Racrmotloe 1 D:O.(mp)~7.b mg/1 C1(ac ~0.019 75 Cd •c ~TV$(tr) F• cb;~]000(Tree) Sa(eh) 10(iroe)
end reearvelra, 4raa thm Mator Supply pHm6.5-9.0 C1l(c~_0.011 N0.-0.05 Cd~cA~-TVS Pb ac cA)~TVS Ag(ac)-TVS
eanprmosor houso brtdg• 04 Agrtculturo F.Colt=200/100m1 CN-b.005 N0~~10 Cr t!(ee)=SO(Troe) M. eh1-0.01 ~50(dto) Zn(eeae/eh)~TtlS
~mldan to o polnt 1nmmdtatoly C1-250 CrVI(ac/ch,~TVS Pin ch -3000(Troc)
0oloa fha eon9luwnea with SOa•250 Cu(nc/ch)= VS Hg E99. ]-Y-gos
Lake Craek, matopt for tho Ag(ch)oTVS
opoe94fe ltefing 1n Seymmnt
7, snd thooa aoter lncluded
n ~
7. Metnatom ot Croto Craok from 0.q L1fo Cold 1 D.O.-6.0 0 g/1 NH~(ee)~TVS 5-0.002 Ae ec -50(Troe) Fe eh -300(dta) N1 th 30 {111 Trme
the •ourca to tho confluoncm Recrootton 2 D.O.(ep)-7.6 mg/1 NNcl~)-TVS e-o.7s ce~cn;-2 F. cn -tooo(troc) so ch -to(troc) untooo
atth tAm Eogle N1ver, maeept Heter Supply pH-6.5-9.0 C1,(oc)-0.019 NO=-0.05 Crlil(eh)-50 VD ch ~6 Ag ch -0.1 otherwleo
for 4hoto aotera Inctuded 1n Agrlculturo F.Co11-2000/100m1 C1l1cA)-0.011 NO~-10 CrVI(ch)-25 Mn ch -50(d1a) 2n ch -350 notod.
Sogmont 1. CN-b.005 C1-250 Cu(ch)=5 Mn ch -1000(Trot)
SO a250 H ch -0.05
8. Melns4ero ofGoro Cree4 lran Aq Ltfa Cold 1 D.0.'6.0 mg/1 NH~(•c/ch)mTVS 5-0.002 As(ac):50(Trac) F• ch 300(d1n) N1(ecch)=TYS tAa eonfluseeo atth Bleek Raeraotlon 2 0.0.(ap)m7.b a~g/1 C1~(ec3~0.019 8-0.74 Cd(ac3TV5(tr) F• ch;-1000(troe) Ss(ch -IO(Trac)
Gorm Craok to fl~e eonOlueneo Motar Supply pM-B.S-9.0 C1, (ch e0.011 NOt-O.OS Cdlch -TVS Db ee ch) TVS Ag~me#aTV3
alth 4he Eaglo R1vor. Agrleulturo f.Colt-2000/IOQmI CNm0.003 N0~m10 Cr~ll(o~)=SO Troc) Pln eh =50(dte) Zntee/eh)-TVS
C1m250 CrVI •e/ch)e tl5 Pin ch -1000(irae)
SOa-250 Cu(ae/eh)aYVS Hg eh -0.01 EtB. 5-2-96:
A ch aTVS tr
9. Melnstom of tho Eaglo tllvor Aq lifo Cold 1 D.O.=6.0 mg/1 NH~ oc/cA)~TdS 5-0.002 Ae(ac) 50(irac) Fo ch 300(dlo) N1 (oc cA)~itlS Mn(dlo)-BS
4raa Wro Crook 4o tho 1locroatlon 1 D.O.(mp)°7.b cng/1 C1~ ee3-0.019 8~0.75 Cd(ae):TtlS(tr) io ch;=1000(Troc) So(ch~=IO(iroe) up/1
eo~4luoneo atth tho Colerade kator Supply pH~B.B-9.0 C1~ ch)-0.011 /~~~0.03 Cd(eh)aitl5 V0 oe eh) Td5 Ag(oe =TVS ([1Poetlvo
p~ya~, Agrleulturo F.Co11a200/IOQmI CN-0.005 FW~~10 Crlll(oe)~SO(Troc) POn eA~-50(dlo) Zn(oe/eA)-TVS unt11
C1-250 Crtll(mt ch)- Tvs wn ch -1 ooo(Trac) o/ao/se).
SOa=250 tu(oe/cl)-iVS Mg eF =0.01 lEf9. 9-2-991 Hoter Suppiq
Ag(ch)mTVS(tr) gool
w 119for.
Table 16 (continued).
~~~~M CLASSSFeCATeONS aP9d WATER QUALATY STANDARDS
REGION: 12 Dostq Class111ut1ons NUMERIC STANOARDS iEMPORAAY
MDOIfICATIONS
SASINt Eeyla A1vor M1D
PNYSICAL INORGANIC kCTALS WALIFIEAS
Stream Segment DescrlpN on •^d SIOIOG[CI1L
1 u 1
10. All trlDutarle• to th• Eayl• Aq llf• Cold 1 0.0.-6.0 mgb/1 NH~ ac ch~~TVS 5-0.002 Aa (~c 50(Trec) fe cA ~300 df%) Ni •t eb TVS
Aiver, including •11 lak~~ Rocroat/on 1 D.O.(ap)-7. ag/1 C1, •c ~0.019 0-0.75 Cd(•c ~tVS(t r) F• th ~100 (iroe) S• ah ~l (tr*e)
•nd roeervolr., from • polnt M~ter Supply pM-6.5-9.0 Ci! eh_~0.01! SIO,•Q,Rt Ld` p>:YS ?6 az tAj T115 Ay •e)~TVS
le~ad/efelp belea 'e AgricuiEure i.Co11-200/100m1 CN~ .005 NO~e10 C r I I! •e)~SO(Trae) Mn th 0(dl~) Zn •e/.h)-TVS
9lctch o1000(ir~e)
((~cfe).~~ThStlS ~5
eo~flusnc• wlth lakS• Crs*k to C150 .250 CrYioc cl~
tl~• cenlleenee wlth the 250 CuV ~0.01 Et1. S-l-lei '
Color~do Riv~r, •ncept tor Ay(ch)~TYS(tr)
sp~c111c 11~ttno• tn S*prnaett -
ll ~nd 12, and tAO~• w~tors
1neludod 1n S• ment I.
11. Mainstan of Alkalt Cr~~k Iran Aq Ltf• Cold 2 D.0.~6.0 eg/1
tA• sourea te th• eonllu~nc• N~craatlon 2 D.O.(?p)~7.b mg/1
wtth lfi• E~gl• R1vor~ UP Agrleutture pH.6.5-9.0
mafnst~m of Mtlk Cr~~k Iroa~ f.Co11~2000/100m1
th~ ~oure• te tA~ eo~tlu~nc• ' il-1 wlth tM E• 1• R1wr,
12. M~1n~tem o1 Brush Creek, tras A L1f• Cold 1 D.O.-6.0 m 1 NH eTVS 5~0.002 As •e SO TreF• eh 700(d1s) N1 •e eh iV5
th• soure• ttAenfluene• Riereatlon 2 D.O.(sp)-79 ng/1NH[Cc h 0.02 S~O.)S Cd •e ~iV (tr) f• eA ~I000(Tr~e) S• eh1 (tr~~)
wlth th• E•g1• rlv~~, M~t~r Supply pH-6.S-9.0 CI~ oe .0.014 NO.-O.OS Cd th -7V5 Pb oe/ch) TVS Ag ~c ~iV$
tecludtnp ch• E~st and Most Agrlcultur~ i.to11-2000/100m1 C1~ cd -0.011 N0~~10 Cr lI(ac)~50(Tr~e) Mn ch)~50(dte) ~ 2n oc/ch)-iV4
Fork~. CN~ .005 C1- 250 CrVI(ee/efi)-TVS Mn ch)~1000(ir~e
SO.-ZSO Cu(I~e/eh)-1VS Hp ch)~0.01(iree EIf. 5-2-98t
~ eh .TVS tr
. +
i
Table 9 7 Colorado Deparfinen4 of Public Heal4h and Environmen4 Designafed Use Impairmen4
EAGLE RIVER
1yVBID Segmenf Description Evalua4ed/ Status Criteria Cons4i4uen4(s)
Region/Segmen4 , Moni4ored
COUCEA02 Eagle River RA Nofi Suppor4ing Q Metals
92/2 source/8elden No4 Supporfing N Metals
COUCEA05 Eagle River, AN WQL N Metals
`
9215 Belden/Gore Creek WAL N Sedimen4
COUCE407 Cross Creek Afl N04 N Metals
92/7 sourcelEagle River SupporQing Q Metals
N04 Suppor4ing
, COUCEA08 Gore Creek m 1iVQL Q Metals
92/8 Black Gore,Eagle RiveP M/QL J Un-ionized Ammonia
COUCEA09 Eagle River, Gore Creek/ m Parfiaily Suppor4ing Q Metals
92/9 Colorado River VUQLA J Un-ionized Ammonia
COUCEA90 Allilk Creek, E Partial Supporting N Sediment
92/10 Alkali Creek Salinity
m B- Indicates biological information
y J- Indicates direc4 observation or professional judgemen4
N- Nonpoint Source Assessment
Q- Indicates chemicai or microbiological water quality data
Y
8.1.2 303(d) List Segrnents
The Clean Water Act requires that the State compile a list of those waters for which
the basic effluent limitations are not stringent enough to implement water quality
standards; and thus require Total Maximum Daily Load (TMDL) allocations. The
State's 1994-1996 303(d) list for the Eagle River watershed lists four segments (see
Table 17).
All four segments are listed due to metals concentrations. Three of the segments
are in the upper reaches of the Eagle River (and include Cross Creek), and are
listed as a low priority. The faurth segment listed is Gore Creek, which is listed as a
medium priority.
8.2 Water Qualitv Standards Recommendations
The recommendations for water quality standards and regulations in the Eagle
River watershed follow.
8.2.1 Support o$ Existing Standards and TeQnporary Modifications It is recommended that the existing standards and temporary modifications in the
Eagle River watershed be continued.
Work to improve water quality in all three stream segments with temporary
modifications is continuing. A. 1993 Record of Decision for the Eagle Mine site will
ensure that continued progress will be made in improvements to Eagle River water
quafity. The Water Quality Control Division, the Environmental Protection Agency,
and Viacom, Inc. have agreed to examine the development of aquatic biological
goals for the site and the impacted aquatic environment.
_ rtr\amipro\docs1208\\eg196rev
E-38
~
, < <
'fabie 98 Colorado Depar4ment of Public Heaith anc9 Environmen4 303 (d) Lis4
EAGLE RIVER VVBID Segment Description Evalua4ed/ Sta4us Cri4eria ConstifuenQ(s) Priori4y
Region/Segment ilNonitored
COUCEA02 Eagle Rider m No4 Q AAetals LoW
9 2/2 source/Belden Suppor4ing
COUCEA05 IEagle River, flN Par4ially Q,B,Y AAeQaIs Lovd
92/5 Belden/Gore Creek Suppor4ing
COUCEA07 Cross Creek m No4 Q ANefiais Lo-a
92/7 source/Eagle River Supporting
COUCEA09 Eagle River, Gore Creek/ Rli Parfially Q,Y Alle4ais ~edium
92/9 Colorado River Supporting
B- Indica4es biological informa4ion
J- Indica4es direcf obsenration or professional judgement
N- Nonpoint Source Assessmen4
Q- Indicates chemical or microbiological avater quali4y data
T- Temporary Modification
m
w
cfl
.
FILE COPI
. MEnAOFiANDIINd
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: April 8, 1996
SUBJECT: A request for a front yard setback variance and a request to utilize the 250
Ordinance to allow for a garage and a Type I EHU to be constructed at 1464
Aspen Grove Lane/Lot 10, Block 2, Lionsridge Filing No. 4. .
Applicant: Carrol Orrison, represented by Tom Braun
Planner: Mike Mollica
L BACBCGROl.BND AP9D DESCFiVPTiOPI OF YFiE REO9JESTS
Carrol Orrison is the owner of an existing single family residence, located at 1464 Aspen Grove
Lane. Construction of the house began in 1989 and a Temporary Certificate of Occupancy was
issued in June of 1990. A Final Certificate of Occupancy was issued on February 3, 1992.
On January 14, 1991, the Planning and Environmental Commission approved a front yard
setback variance to allow for a detached garage on this property. The request vuas for a 19'
encroachment into the required 20' front yard setback. The PEC approval resulted in a 1'
setback from the property line fronting on Aspen Grove Lane. This approval allowed for the
construction of a detached one-story garage, located below Aspen Grove Lane, (i.e the garage
would not be very apparent from Aspen Grove Lane, nor from any of the adjacent properties).
The staff recommended approval of the applicanYs request and made the findings that the
request met all the revieuv criteria for approval of the variance. Further, the staff stated that the
steep slopes and the enisting building tocation limited the number of potential garage locations
on this particular lot. The staff also found that the request was not a grant of special privilege,
did not negatively affect public safety and that the site did have extraordinary circumstances.
It was noted by the Town Engineer, at the January 1991 public hearing, that the detached two-
car garage would have a fairly steep and narrow driveway associated with it (7.7% grade and 15'
turning radius) and that large passenger vehicles would have difficulty maneurving dowrn the -
driveway to gain entry into the garage. It wras also noted that in addition to the twio enclosed
garage spaces, there would be parking provided on the roof of the garage for tvuo additional
vehicles. A building permit to construct the garage was issued during March of 1991 and the
Final Certificate of Occupancy for the garage was issued on fVovember 14, 1991.
A recent survey of the properry submitted to the Town indicates that the garage vuas not
constructed entirely as approved. The survey indicates that the garage actually extends beyond
the property line, 0.2' into the adjacent Tract C(access and utility easement for Aspen Grove
Lane, a private street). Hence, the location of the existing garage is technically in violation of the
1991 PEC approval for a setback variance, (instead of a 1' setback from the property line, the
garage is 0.2' over the property line).
1
.
At this time, the applicant is requestiryg a 19' front yard setback encroachrraen$ in order to
enclose the two exBsting surface parking spaces located above the existing garage, and to
add a Type I Emplmyee Housing Unit (EHU) above this new enclosed garage area. The
structure would have a sloping roof, writh a 5:12 pitch. The applicant is also proposing to
utilize a portion of 4he 250 Ordinance (62 square feet) to provide for the adc&itionai GFiFA
necessary to construct the EHU.
- As further background, Lionsridge Filing No. 4 is zoned Single Family Residential. However,
Ordinance No. 15, Series of 1989, aUows a caretaker unit to be constructed on each Iot.
According to this ordinance, the caretaker unit cannot exceed 1/3 of the total GRFA allowed on
, the lot. Subsequent to the approval of Ordinance No. 15, the staff has determined that, for
zoning purposes, the caretaker unit shall be classified as a Type I Employee Housing Unit. II. ZONtNG ANALYSIS
Lot Area: 17, 075.5 sq, ft.
Zoning: Single Family Residenbal
Allowed Existina Prooosed
Site Coverage: 3,415 sq. ft. (20%) 2,363 sq. ft. (13.8%) no change
GRFA: 4,007 sq. ft.-per code 3,961 sq. ft. 4,494 sq. fl.
425 sq. ft.-credii for Type 1 EHU
+ 250 sa. ft.-aer 250 Ordinance
4,682 sq. ft.-total allowable
Setbacks:
Front; 20' 0' - garage no change
Sides: 15 16.3' - house no change
Rear: 15' 15.1' - house no change
Reauired Existina Proaosed
Parking: 5 spaces 2 enclosed spaces and 4 enclosed spaces and
( 1 enclosed space for the EHU) 4+ surface spaces 2+ surtace spaces
111. CRIYERIA AND FIMDINGS - AL?DITIONAL (;RFA
Upon review of Chapter 18.71 - Additional GRFA, of the Town of Vail Municipal Code, the
Community Development Department racommends denial of the request for additional GRFA
based upon the foilowing factors: A. Consideration of Factors: "
Before acting on an application for additional GRFA, the Planning and Environmental
Commission shall consider the fiollowing factors with respect to the proposed use:
2
1. Lffecg upo~ the existing topographyg MP.gPiLa6IOng dra6nage and exist6ng
sQraoC4uo'es.
The applicant is requesting to utilize 62 sq. ft. of the maximum 250 square
feet available per the 250 Ordinance. Staff does not believe that the
request to utilize this square footage will have any negative impacts upon
existing topography, vegetation, drainage and existing structures, as the
applicant is proposing to add this GRFA immediately above an existing
tnro-car garage. The site would not be further impacted as the existing
footprint of the garage would not change, and therefore there would be no
additional site disturbance.
2e Ompacg oea adjacens properties.
The applicant has stated that they would respect the originally approved
variance, uvhich allowed for a garage to encroach 19' into the front yard
setback, and therefore, the applicant is proposing that the newr enclosed
tn?o-car garage, as well as the Type I EHU above, uvould be pulled back 1'
off the front property line. Although the additional GRFA should have no
impacts on the adjacent properties to the south, east and west, the staff is
concerned that this additional square footage will have some negative
impacts on the adjacent property owner to the north (Lot 7). As indicated
on the reduced drawings attached to this memorandum, the overall height
of the proposed addition, as viewed from the north, would be
approximately 24' from existing grade. The staff is concerned that the
height of this addition, coupled with its proposed location on the site, will
have negative impacts upon the adjacent property to the north. The
impacts relate to the partial blockage of views towards the Vail Village
area and the ski mountain. Therefore, the staff feels that this criteria has
not been met by the applicant.
3. CompBiance vvith the Town's zoning requarernents and applicable
development standacds.
Section 18.71.020 (F) of the Town of Vail Municipal Code requires that any
dwelling unit for which an addition is proposed, shall be required to meet
the minimum Town of Vail landscaping standards as set forth in Chapter
18.54 of the Vail Municipal Code. Additionally, before any additional GRFA
may be permitted in accordance with Chapter 18.71, the staff shall reviewr
the maintenance and upkeep of the existing residence, including
landscaping, to determine whether the property complies with the Design
Revieuu Guidelines. These standards include landscaping,
undergrounding of utilities, driveway paving and general maintenance of
the property.
Upon inspection of the site by staff, we find that the property is currently in
compliance with the applicable development standards listed above. 1'he
applicanYs driveuvay is currently paved, utililities serving the property are .
underground and the landscaping on Yhe site is appropriate.
3
B. Findinas:
The Pianning and Environmental Commission shall make the following findings before
granting approval for Additional GRFA:
1. That the granting of the requested Additional GRFA would not negatively
effect existing topography, vegetation, drainage and existing structures.
2. That the granting of the requested Additional GRFA would not negatively
impact adjacent properties.
3. That the granting of the requested Additional GRFA would comply with all
Town zoning requirements and applicable development standards.
IV. CRITERIA AND FINDINGS - SETBACK VAR/ANCE
Upon review of Section 18.62.060, Criteria and Findings, of the Town of Vail Municipal Code, the
Community Development Department recommends denial of the requested setback variance
based upon the following factors:
A. Consideration of Factors:
1. The relationship of the requested variance to other existing or
potential uses arod structures in the vicinity.
In an effort to fully understand the potential impacts the proposed setback
variance would have on the adjacent Lot 7 to the north, staff has walked
the building envelope of Lot 7 and has analyzed the issue of potential view
encroachment towards the Vail Village area and the ski mountain. Whiie
we acknowledge that Lot 7 has panoramic views to the south, the site visit
reveaied to the staff that the proposed setback variance would have some
im c on views from this property. While staff acknowledges that there
are no Town-adopted and protected view corridors in this general area,
and that the potential view blockage caused by this variance request
would not be excessive, it would in fact, have some impacts on Lot 7.
, The staff believes that the Orrison property is encumbered by physical
hardships. We recognize that there are very steep slopes on the property
(exceeding 40%) and that the location of the existing structure could also
- be perceived as a physical hardship. However, the staff believes that
there are other possible locations within the required setbacks on this
property to construct an employee housing unit.
The staff has expressed to the applicant a willingness to support a
variance request tu enclose the two eXisting surface parking spaces
currently located aver the two-car garage. The staff feels that it is the
second floor addition of the employee housing unit above this garage that
is causing the excessive building height, which in turn is impacting the
views from the property to the north. The applicant has proposed no
4
modifications to their initial proposal and hence, the staff believes that this
criteria has not been met.
2. The degree 40 which reliei from the stric4 and Biteral Bnterpretat6on and
enfopcement of a specified regulation is necessary Yo achieve
compa4abiBity and uniformity of treatrnent among sites in the vicinity or
4~ attaaov the objectives of this title vu6thout grant of special privilege.
' The staff believes it would be a grant of special privilege to approve the
requested setback variance and to allow for the construction of an
employee housing unit to encroach 19' into #he front yard setback of Lot
10. UVe believe that there are other locations within the required setbacks
on Lot 10 which could provide a suitable location for an EHU.
3. The effect of the requested variance on 9oght anc@ air, distributiora mf
. popuBatuon, teansportation and traffic facilities9 public facilities and
aogB9B$aes, and publec safety.
The staff does not believe that the requested variance uvould have any
negative impacts upon any of the above criteria. It should be noted that
Aspen Grove Lane is not a"public" roadway and is not maintained by the
Tovun of Vail. This is a private roadway and the Lionsridge Filing No. 4
Homeowner's Association handles the maintenance of the road.
B. The Planning and Environmental 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 vuith 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.
3. That the variance is warranted for one or more of the followring reasons:
a. The strict literal interpretation or enforcement of the specified
regulation uvould 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 doe not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
uvould deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
5
V. STAFF RECOMMEWDATION The Community Development Department staff recommends denial of the applicanYs request for
a front yard setback variance, as well as a request to utilize the 250 Ordinance, to construct an
additional two-car garage and a Type I EHU within the front setback of 1464 Aspen Grove Lane.
The staff finds that the request for Additional GRFA does not meet Criteria 2, (impact on adjacent
properties) and therefore, cannot support the request as proposed. We do find, however, that
Criteria 1 and 3 are met. With regard ta the'request for a front yard setback variance, the staff
recommendation is also for denial. We believe the setback variance request does not meet
Criteria 1 and 2. We do find-, however, that Criteria 3 has been met.
Should the Planning and Environmental Commission decide to approve the requests for
Additional GRFA and the front setback variance as proposed, staff would recommend that the
PEC include the following condition:
1. That a separation request be applied for, and approved by the Design Review
Board, pursuant to Chapter 18.54.050 (I).
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Tom Braun
PO 776
Minturn, Co. 81632
March 4, 1996
The Lionsridge Filing #4 Homeowners Assn, board of directors met on 2/27l96 to
review the plans for the garage addition for 4he Carroll Orrison residence. We have no
. objections to your proceeding with 4he plans that you've submitted to us-fior review,
inciuding the four inch encroachment onto our easement. This approval is of course
contingent upon your acquiring all of 2he necessary permits, insurance, and abiding by
the covenants of Lionsridge Filing #4 Homeowners Assn.
Best Regards,
. ~
Tom Fitch - Mgr.
Lionsridge Fil. #4 HO Assn.
PO 4191
Vail, Co. 81658
- 9 70 -47 6-720 2
4. A request for a front setback variance and a request to utilize the 250 Ordinance to allow
. fo*r a garage and a Type I EHU to be constructed at 1464 Aspen Grove Lane/Lot 10,
Biock 2, Lions Ridge Filing No. 4.
Applicant: Carrol Orrison, represented by Tom Braun
Planner: Mike Moilica
N1ike Mollica explained the request and said he would entertain any questions. He also identified
the staff concerns with regard to the Criteria and Findings. The impacts on views from Lot 7 will
be negative, however, it is not a presenred view corridor. Given the location of the addition, this
remains a concern to staff. He explained to the PEC members that the 3 findings need to be met
before approval. The setback criteria doesn't meet two out of the three findings. It does present
a hardship, but it is a grant of special privilege, since the EHU could be located on another
portion of the site. Staff recommends denial. .
Tom Braun, representing the owner Carrol Orrison, stated he wanted to construct an EHU and
two more parking spaces. When reannexed, the owners were allowed a caretaker apartment;
the question is where is it appropriate for it to be. The owners would like a garage with the
apartment above. He explained the drawings. It would be confining where it could be located on
the site analysis. In evaluating this site, it is difficult to put in this improvement. Tom feels there
are extraordinary circumstances. He would like to walk through the requests. The applicant is
only using 62 sq. ft. of the 250 allowance with no impact on the adjacent property. The variance
request is for the front setback. Tom stated that he prepared a photo montage of the property
and explained his overlay. He looked at the property within the subdivision where other
improvements have occurred. His conclusion was that it would not diminish the enjoyment of the
property. A physical hardship has been already been acknowledged. Staff said this is a grant of
special privilege, since ihere are other locations on the property for this addition. To put it in the
existing residence is not an alternative as it would change the living area. To build it in the
garage area is not an alternative as it would push the cars out. These are possible alternatives,
however, they are not reasonable, nor feasible. Tom feels this is the best and most sensitive
location. The owner obtained the right to do this unit after reannexation. Tom said that zoning is
important and that it specifies where and what you can do. He said there is a history of how
things have been dealt with in the past and because of that he feels that this would not be a
grant of special privilege.
Greg Moffet asked for any public input. Judy Kuller, owner of Lot 7, stood on the site and feft the addition would make a difference. She
explained how she depended on the setback when she purchased her lot. It makes the
neighborhood more attractive without having a building coming almost to the cul-de-sac. She
bought the lot thinking she could depend upon the setback and therefore would be protected.
- She wishes Mr: Orrison would do this within the confines of the setbacks.
Tom Hughes, President of the Homeowners Association, is not in favor of this addition because it
is too tall. He feels it is not needed; althaugh the owner does have a right to the unit.
. Frank McKibben, representing another neighbor, commented on the original proposal in 1991
and how he acquiesced, as the solution was totally underground and out of sight. The problems
created were of his own making and so he is not entitled from relief of poor design, just because
Planning and Environmental Commission
Minutes .
Apri18, 1996 8
e
~d
he recognizes the problem now. The mass will be imposing as it will be brought right up to the
street.
Art Alpianaip, representing Mrs. Kuller, owner of Lot 7, said she checked with the Town whether
a second dwelling could be built there. It is single-family zoned. The annexation ordinance is not
codified. She relied upon the Zoning Code. An alternative might be to extend the lower level ouY
under the deck, however, it would affect Orrison's view. A stacked solution might work with no
impacY on adjoining properties. He opted to not do either in order to preserve his view. This then
is a grant of special privilege, since preseNing his view is at the expense of the neighbor's view.
Five alternatives have been identified. He went over the variance findings. The findings are not _
being satisfied.
Gene Uselton thought the arguments were well spoken. He feels ihat Yhis request uvould be a
grant of special priveledge. .
Diane Golden agreed with Gene that ihere were good arguments. She felt thaY the applicant was
taking advantage ofi a good solution with the underground parking. She is noY comfortable
adding on to it.
Henry Pratt said he disagreed with a couple of issues Tom spoke about. The variance in 1991
vuas granted because it was able to be buried and out of view. He agrees with Art that there are
viable alternatives within the envelope. He is receptive to enclosing the upper garage if the EHU
is in another alternative location. He can't see two garages in the setback.
Mike Mollica said that garages in the front setback (on lots with a 30% or more slope) without a
variance, are limited to one story.
Henry Pratt said the appticant already has a garage in the front setback and this would be a grant
of special priveledge.
Greg Amsden said there are other areas for Yhe EHU. He said he cannot support new
construction that is encroaching in the private right-of-way. Besides it is a moot point, since it
won't get past the DRB. He agrees with Frank McKibben that the applicant chose to put the
house where it is.
Galen Aasland agrees with everyone that this is a grant of special priveledge. The owner has _
created some of his own challenges. He reminded everyone that you don't own a view corridor.
Greg Moffet agrees with what has been said. He can't find a way to put a three-story structure in
the front setback. He reminded everyone that the PEC is not in the business of protecting viewrs.
Tom Braun said that ihis is a relatively new board, but there are a lot of examples of exisYing
buildings with the same hardships.
Greg Moffet asked Tom if any 3-story structures were ever found in front setbacks?
. Tom Braun said no, but there are examples of 2-story sYructures. Tom then asked for help from
Yhe PEC where it mighY be appropriate to place the structure.
Planning and Environmental Cammission
Minutes
April 8, 1996 9
;
- - . i
C
Mike Mollica said this puts the board in a difficult position, to determine this without consulting
staff first and then having to vote on it at the next meeting.
Greg Amsden made a motion for denial per the staff memo.
Diane Golden seconded the motion.
Henry Pratt wants to vote for the motion but not include the findings.
Greg Amsden and Diane Golden withdrew the motion and second.
Henry Pratt made a motion that the variance and 250 requests be denied on the basis that it is a
grant of special priveledge.
Gene Uselton seconded the motion.
It passed unanimously by a vote of 6-0. .
5. A request for an interior residential addition, utilizing the 250 Ordinance, to allow for an
addition to the living area, located at 295 Forest Road/Lot 20, Block 7, Vail Village 1 st
Filing.
Applicant: Pat Welsh
Planner: Lauren Waterton
STAFF APPROVED
6. A request for a Minor SDD amendment to allow for streetscape improvements to the
Cascade Village Subdivision entrance located at 1300 Westhaven Drive/Intersection of
Westhaven Dr. and South Frontage Road.
Applicant: L-O Westhaven Inc., represented by Skip Behrhorst
Planner: Randy Stouder
TABLED UNTIL MAY 13,1996
7. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion
to an existing residence located at 802 Potato Patch Drive/Lot 4, Block 1, Potato Patch.
Applicant: Padraic Deighan, represented by Steve Riden
Planner _ Randy Stouder
TABLED UtdTIL MAY 13,1996
Planning and Environmental Commission
Minutes
April 8, 1996 10
~
LAW OFFICES
~ DU N N, ABPLANALP & CH RISTENSEN, P. C.
A PROFESSIONAL CORPORATION
JOHN W. DUNN THE VAIL BANK BUILDING TELEPHONE:
ARTHUR A. ABPVaNALP, JR. SUITE 300 (970) 476-0300
ALLEN C. CHRISTENSEN
IOB SOUTM FRONTAGE ROAD WEST TELECOPIER:
DIANE L. HERMAN
R. C. STEPHENSON VAIL, COLORADO 81657 (970) 476-4765
KAREN M. DUNN
SPECIAL COUNSEL: CERTIFIEO LEGAL ASSISTANT
JERRY W. HANNAH
20 March 1996
The Planning and Environmental Commission of the Town of Vail 75 South Frontage Road West
Vail CO
HAND DELIVERED
Mre Mike Mollica
Town of Vail Department of
Community Development
75 South Frontage Road West
Vail CO
HAND DELIVERED
Reo Application of Orrison
Lot 10, Lion°s Ridge Filing Noe 4
This Office represents Mrse Judith Kuller, the owner of Lot 7,
Lion°s Ridge Filing Noo 4("Lot 711)o Our client has become aware
of the proposal for approval of a variance request permitting the
virtual elimination of the front set-back for the above property
("Lot 10")e It appears that the purpose of the request is to
permit the construction upon Lot 10 of an employee housing unit,
although the Town's file indicates that no application for an
employee housing unit, or any application for a 250 addition, which
is also referred to at various places, has been filed with the Town
or is otherwise pendinge Mrs. Kuller has requested that we advise
you of her strong objection to the proposed varianceo '
The proposed application simply fails to satisfy the criteria
required for the exceptional relief granted through a variance,
_ particularly with respect to the variance from the setback
requirements-o It must be noted that the analysis contained in the
material submitted in suppo.rt of the application measures the
application against criteria which are not the findings which are
requirecl in order that a variance may be granted, under Section
18<62s060oBo of the Vai1 Municipal Codeo Rather they are the more
general factors which are to be considered by the Planning and
Environmental Commission found at 18062o060>Ao Reviewing the
findings required at Section 18.62°060oBo in order to authorize the
granting of a varianceo
Bele The granting of a variance must not constitute a
grant of a special privilege inconsistent with the limitations
`
of other properties classified in the same district. In the
situation now before the Town, the proposed grant would, in
fact, be a grant of special privilege. The owners of the lots
upon which construction has occurred in Lion's Ridge Filing
No. 4, including Lot 10, have constructed perfectly adequate
residences while respecting the front setback. Further, it
must be borne in mind that this is a single family zone
district, and a single family residence is already located on
Lot 10. Although, given appropriate circumstances and the
ability of Lot 10 to accommodate additional construction
within the zoning and subdivision limitations, an additional
unit might be constructed if it were an employee housing unit,
there is no riqht to construct that unit, particularly when
that proposal violat.es both the zoning and subdivision
limitations which govern the property.
B.2. The granting of the variance cannot be detrimental
to the public healt}1, safety or welfare, or materially
injurious to properties or improvements in the vicinity. The
proposal will be detrimental to each of these aspects of other
residences in the vicinity, and particularly the proposed
residence of Mrs. Kuller. While there is no view corridor per
se affecting Lot 10, certainly the purpose of a setback is, in
part, to prevent a tunnel effect adjacent to the roadway, and,
in this specific caseo the creation of a wall at the end of
the cul-de-sac upon which the proposed garage/EHU is to be
1'ocated. Mrs. Kullei~ purchased her property after having
carefully examined the setbacks governing Lot 10, her
property, and the othe.r properties in the vicinity, and after
determining that the setbacks would adequately protect her
ability to avoid any adverse effects, as well as to protect
the limited openness which the setback is intended to insure.
The elimination or substantial reduction of the front setback
of Lot 10 would be particularly injurious to the ability of
Mrs. Kuller to enjoy her property and the improvements which
she intends to construct on it.
B.3. The variance must be warranted because of either (a)
the fact that the literal interpretation and enforcement of
the existing regulation would result in practical difficulty
or unnecessary physical hardship inconsistent with the.
objectives of Title 18 of the Vail Municipal Code, or (b)
exceptional. or extraordinary circumstances or conditions
applicable to the site which are not generally applicable to
other properties in the same district, or (c) the strict or
literal interpretation and enforcement of the specified
regulation depriving the applicant of privileges enjoyed by
the owners. of other pr.operties. None of the three criteria
can be satisfied, which is, perhaps, best illustrated by the
2
~
fact that a single family residence already exists on Lot 10,
and it is the single family dwelling which is the only use by
right under both the zoning and subdivision limitations.
There exists no physical hardship consistent with the
objectives of the zoning regulationso Neither is there any
• circumstance or condition related to Lot 10 which is not
applicable to, other properties in the district, or a
circumstance under which the regulation would deprive the
applicant of privileges enjoyed by the owners of other
propertiese
The applicant has pointed out, in an attempt,to support the
current application, that a variance was granted to the subject
property in 1991, permitting construction of the existing garage
below street grade levelo However, Mrso Kuller had been advised
that the 1991 variance was granted orily because the construction
was to occur below street grade level, and the variance was
conditioned upon the construction remaining below street grade
levele The record of PEC consideration of the 1991 variance does
not reflect that condition, but the staff report at that time did
indicate that the elimination of visual impact upon the surrounding
properties (in comparison with prior proposals) was a consideration
which supported approval of the below-grade garagee •It is clear
that the existing facilities are, in fact, below the street grade
level, and that the proposed construction two stories above street
grade has an impact upon the neighboring properties which the 1991
project was required to avoida
Although we understand that it is the Town of Vail's position
that it is not responsible for enforcing subdivision covenants, it
must be noted that the Town has apparently been provided with what
purports to be a letter indicating that the Lions' Ridge Homeowners
Association has no objection to the violation of the subdivision
covenantse Mrse Kuller, a member of the Association, was not given
notification of consideration by the Association of any such
waiver, nor has she ever agreed to such a waiver. The covenants
recyuire a twenty-foot front setback, unless the Vail Municipal Code
requires a different distancee Assuming, for the purpose of this
- analysis, that the twenty-foot setback governs, it is that which is
imposed by the covenantse There is no provision within the
covenants permitting any variance from its requirementse Neither
is authority granted to the Association to waive a setb.ack
requirement of the covenants, either over the objection "of one or
more members or with the consent of fewer than all the membersa In
fact, the author of the letter has advised Mrse Kuller that the
letter was intended only to express the position of the Association
that the proposal before the Planning and Environmental Commission
would not interfere with street plowing, and was not intended to
approve the application or to waive the subdivision covenants which
• 3
the proposed project would violate. The elimination of the setback
requirement can only occur by amendment of the covenants, and not
by action of the Board of Directors. Rather the covenants grant
each property owner the right to enforce those covenants. Mrs.
Kuller, by her position before the Town of Vail, and citing the
applicant's reliance upon the position of a third party on behalf
of the Homeowners'-Association, gives notice that she will enforce
the subdivision covenants in order to enforce the setback
requirement. The first step in that enforcement process is
advising the Town of Vail that its approval of the requested
variance will violate the covenants upon which Mrs. Kuller has
relied.
Finally, a request has been made by the Town of Vail for a
copy of the plan for construction on Lot 7. We enclose a copy of
a portion of that plan, illustrating the effect of the existing
residence on the view from Lot 7's planned great room. The
construction of the proposed two story structure above street grade
would actually more dramatically affect Lot 7 than what is
illustrated on this,plan.
There is, quite simply, no basis for the relief sought by the
applicant.• Affirmatively, it appears that the applicant has
determined to construct an addition to an existing residence which
can only occur through a variance which effectively eliminates the
protection upon which the applicants' neighbors have relied and
continue to rely. The proposed variance causes significant injury
to Lot 7 and to the owners of that property. It is clear that the
application for the variance is appropriately denied, for the
reason that neither the general philosophy of variances nor the
Vail Municipal Code permit it to be granted.
The consideration of the objection by Mrs. Kuller by the
Planning and Environmental Commission and the Department of
Community Development, and the denial of the variance request, is
the only appropriate respon.se to this application.
VrrY-t-rul Y Y/u"rs,
/DUNN, A ~ A'NALP /HRIS NSEN, P .
Arthur A. A'pl.analp Jr. i -
C1
xc: Mrs. Judith Kuller
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~IA I/ BRAUN ,ASSOC:IA'I ES, 1NC.
PLANNING and COMMUNITY DEVFLpPMENT
April 12, 1996
Mr. Mike Mollica
Department of Commonity Deveiopmcnt .
Town of Vail
75 South Frontag c,. Road
Vail, C.olarada 316.57
RE: Orrison Residencc. Lc)t 10, Block 2, Lionsridgc Filing No. 4
I
Dear Mikc:
This letter is written cm behalf' of Carrol. 4rriwn, owncr of lot 10, Blocic 2, Y..ionsridge Filing No.
4. The purpose of this lctter i.s to appeat the Vail Planning and Environmental Commiss6on's
decision ta d~,,ny a proposc,~c1 front setbaeic variance and a request io utilize the 250 Ordinance to
allow for a garage and Type I EHU at the above referenc.ed iat. '
( Unlm I hcar otherwise, I will as.SUme that this appeal wiII be sciieduled for the 'Ibwa Couacil's
~ evening meeting on May.7. 1946.
'
' Sinc;erely,
Thomas A. Brauu. ,AICP
cc: CarolOrrisan
Bob IVkCIaurin
;
; -
~ .
~
Mirrturn Ironvrorks Building Phone - 970.827:5797.
' 201 Main Street. 2nd Ftoor paY _ 970 R275507
Post Officc 6ox 776
. Mirrturn, Colorado 81645
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TONN OF VAIL
75 South Frontage Road Offcce of the Town Attorney
Vail, Colorado 81657
970-479-2107/Faz 970-479-2157
MEMORAIVDUM
TO: Vaif Town Council FROM: R. Thomas IVloorhead, Town Attorney
DATE: May 3, 1996
RE: Appeal of DRB's upholding the staff decision approving a buffer to be built
between the International Wing proposed addition and the existing
condominiums to the west, Lodge Apartment Condominium Association
On iVovember 1, 1995, the Design Review Board approved the plans as submitted by Lodge
Properties, Inc. for the International Wing. That decision of approval was appealed to the Town
Council and considered on December 5, 1995. After presentation by the applicant, objections of
adjoining property owners including Luanne Wells and Anita Saltz, and comments from the public,
a motion was made for approval of the design plan of the International Wing as presented with the
condition that some additional buffering be worked out with regard to the terrace area located
between the proposed presidential suite and the existing condominiums. It was explained in the
motion that the additional buffering, landscaping, or whatever that would be in place should be
worked out between the staff and the applicant to improve the visual impacts from the adjacent
property. Staff was to work with the developer in determining what that additional buffering would
be. That motion was approved by the Town Council by a 6-1 vote. The intention of the buffering
was to mitigate the impact on the Lodge Apartment Condominiums.
On March 7, 1996, Andy Knudtsen, with staff consultation, approved the submitted plans for the
buffer to be constructed between the penthouse on the International Wing and the existing
condominium dwel{ing units. (Attachment A) That staff decision was appealed. on behalf of Anita
Saltz by letter date March 14, 1996. (Attachment B) In the letter appealing the staff de`cision, Mr.
Abplanalp states three reasons for the appeal, none of which address the quantity or quality of the
buffer which was the subject of the staff decision. That objection was considered by the Design
Review Board on April 3, 1996. A transcript of that proceeding has been prepared. (Attachment
C)
In a review of that transcript you will note that there is no discussion concerning the quality or
quantity of the buffer prior to page 12. The objections that were presented on behalf of Anita Saltz
concern the status of the record or plans that were being considered by the staff in approving the
buffering, and whether or not those plans 'had been made available to the representatives of lVlrs.
Saltz.
RECYCLED PAP6R
The transcript does include some discussion of the buffering, which was the focus of the DRB, near
the end of the hearing. Andy Knudtsen stated that he had worked with the architects on five
different design iterations, each one an improvement over the earlier version.
The buffering that was approved, a diagram of which is attached to Andy's staff approval, includes
ground cover, juniper, saponaria bushes, and seven pinon pines a minimum of 6' in height. It is
surrounded by a sandstone ledge which will carry weight for maintenance of the buffering but does
not provide a deck or patio surface. The buffer screens the addition without blocking the views
from the existing condominiums. The description of the quantity and species of the buffer is
contained on pages 18, 19, 20 and 21 of the franscript.
It should be noted that Rick Rosen, attorney, representing Dr. and Mrs. Cavanaugh, owners of Unit 533 in fhe Lodge Apartment Condominiums spoke in favor of the design. (Page 12 of transcript)
Jim Brown, attorney, representing the L.odge Apartment Condominium Association, also spoke in
favor of the approval. (Pages 13 and 14 of the transcript)
The extent of Council's decision at this time is to consider the staff decision as upheld by Design
Review Board and determine whether it fulfills the objective as specified by Town Council as a
condition of its approval of the application on December 5, 1995.
There remains pending in the Eagle County District Court the cause of action brought by Anita
Saltz, the Appellant herein, and Luanne Wells. Judge Jones of the Eagle County District Court has
in written opinion denied the Plaintiffs' application for a preliminary injunction. (Attachment D)
I'll be happy to answer any questions you may have in regard to this item.
Thank you.
RTM/aw
Attachments
•
9
~ ~
\ ~/d a4 - COP,
TOJ~ OF I ~
75 South Frontage Rood Deparanrent of Cornmunity Developmenr
vail, Colorado 81657
970-479-21381479-2139
FAX 970-479-2452
A4arch 79 1996
NTr. Jay. Peterson
Weststar Bank Building
108 S. Frontage Road West
Vail, Colorado 81657
R,e: The Lodae International Wing
Dear Jay:
On December 5, 1995, the To%am of Vai17'o"m Council considered upon appeal the Design ReNiew
board approval of November 1, 1995. The To%;,n Council voted 6-1 (Jewett opposed) to uphold the
DRB appToval with the condition that additional buffering be added between the terraces adjacent to
Units 527, 533 and 535 and the proposed Penthouse Suite of the lnternational Wing. The Council
directed you to generate architectural designs for this buffer to be revaewed and approved by staff.
As the a4ached approval form indicates, staff has.approved the desigin fox-the buffer. .
. Thank yow for your cooperation. Please call me a 479-2440 if you would flike to discuss this issue in
any greatcr detail.
Sincerely,
\
Andy d~sen
Senior Planner
cc: Bols McLaurin
Tom Moonc6ad
Svsatt Conneliy
Pam Brandemcycr
J'an Y.amont
Jim Brown
Lyrm Friulcn
Greg Cris[man
Jack 7.ehren
Art Alplanalp
Amt Frick
A9ichae1 Amca
Rick Roscn
F:everyonelandy\96_lenMpetetsan.307
Attachment A
RE:C3'CLFDP.V ER
' - -
~ .
Desrgn Revievr Actian Forrn . . TOWN OF VAlL
~ -
Category Number Daie
Project Name: e.r ~t 1j
Building Name:
Project Description:
~
x,z
U
Owner, Address and Phone:_ ~ r ~L~_t~-c i~-.-c n~~z.-S c-?-~
-7
~ ; .
Architect/Contact, Address and Phone: Cr...e
Legal Description: Lot ~ Block~ Subdivision ~ Zone District C C.
Project Sirset Address:
~
Comments:
~
~
Board / Staff Action
Motion by: Vote:
Seconded by:
p Approval
: - p Disapprflval
~ Staff Approval
Conditions:
~
,t
Town Plarm er •
D2te: DRB- Fee Pre-paid
CONDOI`11NIUM Saponarta oxlmoides Juntp erus sabina Buffalo' ~
"Sp lendetns" taock Soapwort Bufia lo Juniper • ~,ppRpyED BV THE
535~ (173) 2'/i" pot-10" O.G. (13) 4' O.C. CONGOMINIUII TOWN OFVA4pNDOMINIUII ,n'CJ~
533 DESIGM REVIENN BOA 52~
(I)Draln F- +
PLANNER: AL
' Existing Deck x s Ing Deck
5a atone L eige to Remaln to Remaln
_ (Existing Limited - (Existing Llmited -
- Common Property) Common Property)
414aner+Mff
~
Draln Sa dstone L dge Sanda ne Ledg Drai
` . . . .
. . . .
FE:
EI tor v n Ing within
S ndstone edg in ated dPU t San stone Le ge
- -
~ o o Daln
, o
o ~ o °
o ~
NOTES 0
1. All plant materlal ehown 9 0 0 0 0 0
to be mainta(ned by 0 0
Lodge Properties, Inc. AL2 5aponarla oxymoldes Pinus arlstata Spirea nipp.onica
2. Planters to be eerviced b ~~Splendens" Bristlecone Pine Snowmound Sptrea
y Rock Soapwort (1) 6' B 8 B (24) 5 ga l.-2.5' O.C
site automatlc underground . (448) 21/a" pot-I0" O.C.
drip Irrlgatlon system.
Z E H R E N ~.,E.. .AM, PROjEcT NO, SAM%" F44ASE, .
EW AND ASSOCIATES, INC. The LOd9s 8t V81l co
ARCkrtEnucE•vLAwNn+c Internetlonel Wing 5~EET:
WTERIDSM .LANDSC,.E ARC,rrEMILE oRAU-, tI.LE, AI.I
G.O.Bm1976A~(plortdoBl6M ~oF F'lan
670)}440257 FAl{197G1919-10l0 xelE, V~".I'.0• DaTE 116%
~
Gt~7NDOMINIUM paponarla oximoldes Junip erus sablriA 'BufPalo'
"Sp lendetns" Rock 5oapwort BufFalo Juriiper
535 (173) 21'4" po.t-im" o.C. (13)4 ' O.C. CONDOMINIUM GONDOMINfl1M
• 533 52~f
CD praln E- +
Exlating Deck Existing Deck
Sa stone L dge to Remain to Remain
(Exlating Limtted - (Exlating Ltmited -
Common Property) Gommon Property)
lan er E--
Drain Sa dsione L dge Sands ne Ledg Drat
IA"--" ~ , ~ . . . .
.
. `
- -
~
~
EI for v n in9 withtn )
S ndstone edg Ina'j ated c~u t San stone Le ge
, D ain
0 0 0 0 0 0 0
0 0
a
o 0
0
o ,
NOTES ~
0 0 0 0 0 , o
1. Ali plant materlal shown ~
to be ma inta Ined by
Lodge Properties, Inc. u Saponarla oxymoldes Pinus aristata Spirea nipponica
"5plendens" Brlatlecone Pfne Snowmound Splrea
2. P{antere to be eerviced by Rock Soapwort (1) 6' B t B (24) 5 gal.-2.5' O.G
slle automatlc underg~ound (448) 21/4" pot-I0" O.C.
dr~p ~r"rlgation syetem. .
Z E H R E N III Na 5486%" PW-AW, ~
aND AssocNTEs, iNC. The Lodge at Vell co
{nternattonal U)ing ~EET:
AROYfECTUIIE•nANNING DRdUNGTITLE~
"r°uan'`~"°s`A"~u~uaE Roof Pldn '41'1
PA./m197{A~aM1Cdofdo E1630 6C.eLE~DaTE. 116156 RE, - .
07d94¢C257 fA7IB7ql49-f0l0
Water Prooftn9/ Flashing Scale I"=1'-o"
I Layer Galvaniaed Flash(ny In Gutter And Planter .
, Wrep Waterprooffng W(thln Csutter/ Plenter
. Slope Bottom oF Gutter Flashfng to Dratn
WaterprooFing On Top Of Structural RooF Deck
~ i
a„ Cap
Struct. Roof
Deck Sandatone 7errace
Planter Sotl Typ.
4211 Ra n i?,g
Styrofoam FIII
Miradraln 2"
- Q 12"-24" Soll Depth
.
Wlndow Stlt 1& 1 7-- 777,77f/-J
_ sulated'
~ ~/Elevator o00000000000000000
000000000 0
Duct/ o0000000000000
o~o0oOo0o0o°o0o0o0o°o0o~o0o°a
C`d ' o°o°o°o°o°o°o°o°o°o°o°o°o°o°o
, 000000000000 o00000000000000000000000000000
_ 000000000000 0000000000000000000000000000
Structura I Io" De th . 24"
I~oof Dec Planter PlDnterh 36~~ PIaUnt~rh
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FRQM : ABPLANALP PHONE NO. : 3043433648 ~-Mar. 14 199b 12:55FM P02
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, LAW C1FFICE.+ DlJ R1N9 AsP L.A NAr L PIN CHFt I S T~.,T iV SE fV , P. G.
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ARYI4UR A. AbpLANALP. JR. S111TE 300 I0701 47"800
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OPECiAL CWNBEL 6CR71FICD LEOAL q66{6TAIdT
JERRY W. HANNAH 14 N[arch 1996 Town Couracbl
Town of Vail
75 South Frontage Road West
Vail CO '
VgA TELECOPIER AnD VIA EEDERF?L EXPRESS
Town og Vail Planning ana ,
Envigosamenta'd Coanmgasaon
, 75 South Fxontage Road West
Vail CO
tIXA TELECOPIER Ari1D iIYA FEAERAL EXPRESS
Re: %odge at Vail International Wing
Dear S i x or Nlada.me This Firm represents Vis. Arafta Saltz, tr>e awner af Condomiaaiiam
Unit 527, 'Ihe Lodge at Vail Apaa:tment COridUictiaaiuwtba on whose bektalf
thas letter as bea.ng directed to yauo
By this letter, Ma. Aniica Saltz appeals the action of the Tac+m
of Vail Depari.nxeaiL ur Cuatu?tuaab ly Development and, to the extenfi anCi
if o,ny actian was taken, ttae Town of Vail Design 1Review Board,
appraviiiy vua Lcaiaa a-evised pldns of The Lodqe at Vail Ialfi.ernatioz'aal
Wing. Despite repeated requests for izaforanatfan and notice o£
U0119bCeVatoU9a Of proceedings, nati.ce was not provicied of eitheg
sta£f consideration or o£ any consgderation by tkze Dasign Review
Board. Fox the reasons notec9 below, there is uacertairity frpm, the
record xegardareg the aaature of the action whicla purports to approve
the plans which apparently riave, somehow, been given approval by
the Town of t1aal.
The Tovn Council considered and garre conditional approval go
the Lodge bnternataonal wing in early Deceanber, 1995, despite
objections by adjacent awners based upon both desigra and tscaspass
anto the coiranon elements ot tne I,oGge Agartment Condominiumo The
Council was assured by the deve].oper tkaat rao '•tresgaes occurred
under the oftered pban, arad imposed only the conciition that the
plan be redesigned ta a.racrease the buffer b2tween the Internatfonal
Wing penthouse structure and the affected Lodga Apartment
condaminiums> The develapex thega submitted a xeviserl proposal.to
tne Departcnent of Community Development which confirmed the
exasterace of ttae trespass previously fc3entified in the plan
presented to, cosasadered aaad ~onaationabay appz'oved lby the Towra
Attachment B
FROM : ABPLANALP - PHUNE N0. : 3043433648 Mar. 14 1996 12:56PI1 ,F03
~ V
CourtCil. That revised plan was disapproved by the Department o£
Community Development staff, at which time interested parties wexa
effectivp]y Ctrt off from negotiations whioh occurred between staff
and the developer.
On the 12th of Narch, 1996, thi,s Ffrm received notice that a
revised plan for the Lodge at Vail Internatioranl Wing had uden
appraved by the Town of Vai1. It is that approval which is the
subj Qct of tlaie appeai. Initially, there is uncortainty regarding the source of the
appraval, and therefore tbe nature of the appeal. The Towra Courzcil
t'eferred the glan oanside:red by it a,n December• back to the
Department of Community DeveJ.opsaent staff. However, the "approved"
glan provided by the Town of Vail indi.cates 1:1iat it was "°Approved
by the To•?rm of Vail Design Review Board - March 7, 1996", and also
indiaates that it was "Approved by Stafi - Andy Knudtsen - 3/7/96" .
Therefore, the Town's record indicates that approval may have
occurred either by the Design Review Sotiz-d or by 8tatf, or by both.
We shall rely upon the Tdwn to determine wha toak the action and to
direct this appeal to the appxoprin,te body, in acCOrdance with the
Vail Municipal Code.
With reference to the reasons for this appeal, they are
multiple:1. Tiia Pl,an which was provided and itientified a8 that
receiving Town of Vail approval is virtually unintelligible, but,
l.a Llie exterit it is intelligible, it c].early rias no relationship to
that which was approved by the Town Council, Therefore, the
application must be 3nitiatiefl as a new procass, rather than being
subject to wholesale redesign at the discretion of Com$?unity
Develvpment sta!!.
2. The new Flan has an area which is batween Condominium
Unit 527 and 533, on the west, and the penthouse structure, on the
east, which as not 1abelecJ, diagramed, or the subjecti of any
_ elevation, and which was not included on the priox plan. It aray be
- -an elevator_snai:t, and it may have a sloping roof or a flat roof.
It may be two feet, high, or it may be twe7.ve feet hiqh. No
lnformdtion has been provided which gives any information regarding
these quastions.
3. Neither tbe "Roof Plan" nor the "Roof/Planter Section"
identifies the location of the Iatter section. One can anly
speculate even as to whether the Lodge Apartment Condominium is on
the left or right of that section, but it is clear that the latter
does not represent a section indicating the size or impact af the
structure which apparently is planned adjacent to Units 527 and
533.
~fROPt : ABPLANALP " PHONE NJ. : 3043433643 P1ar. 14 1996 12: 56F"1 P04
G)hen, and af, our claeaat aaad tkae othex objectors ase provaded
wath any additional pgans* which are meCessary to make
u°aderstandable those two mapo wYaich wez'e provided to u5, it utay'be
able to identigy with specifacity other pxoblems with the design
whicla are aaet aaow idantafiable. I3y thii JLettexo isa addition to
iraitiating ttae appeal as set fo.rth above,.we aqain request copies
of all rubmattalsg maps, plana, corxesporadence anci otheg Euateria1
presented to the Town of Vagg in association with thia matter, or
exckaangodl between the Towsa of ilail ardl the ayplicant o .
~ry ta:uly ~u ' o
. ~iiJIJ11To A 1V P& R3.$ 3B1Y, ,
/
Arthur A e Abplaraal Jro
xC e N!s a Anita Saltz Ndg . Tom MoaxEleaa
Ndse Ann Fri.ck
Mg. Jdy Putegson
C •
~ DESIGIV itE`1IEVV BOARD
APRIL 3, 1996
11RINN'TES .
I'TEM # 2 - IIVTEItNA'TIONAL. VVING
Transcribed by Judy Rodriguez, April 16, 1996
2. International Wing - Appeal of the Zoniag Administrator's decision to approve aAK
buffer to be built between a proposed addition and the existing condominiums.
174 E. Ciore Creek Drive/portions of Lots A, B, and C, Block SC, Vail Village 1 st Filing
Appellant: Ms. Anita Saltz
Planner: f4ndy Knudtsen
liRike ArneYt- Item No. 2, Internatioaal Wing, Appeal of the Zoning Administrator's decision to
approve a buffer to be built betvveen a proposed addi4ion and the existing
condominiums.
I assume we have a lot of folics here today for this particular item. I would just
like to apprise you all of the format for this particular item here. VVe are going to
• start o~lt with an overview from 1VIr. Moorhead, the Town Attorney, and then a
synopsis by RRr. Knudtsen here, the Town Planner. We will tt,en here arom the
aFplicant and then we are going to ',ave public input and let me forewarn you that
the public input will be limite~i to S,minutes per person. We don't have a.ll day. I
would also like to remind you on behalf of the Board that this is not a court of lawr.
yVe are here to review designs; that's our primary function and thea lastly the DRB
wi111ook at the actual issue of the staff approved buffer be2ween the units there at
. the Lod.Qe. .
Art Abplanalp- Excuse me 1VIr. Chairman..
11Rike Arnett- Mr Abplanalp
?.rt Abplanalp- for the record, yes Arthur Abplanalp, representing the appellant. Are we
con5iderP,d a member of the public aad only limited to 5 minutes for our
presentation? lAle are aft:er all the person who is seeking the appeal.
Mike Arnett- I.et me ask my legal side.
Tom Moorhead- ''I'hat is within your purview to set the period of time and if you consider
them as public input, it is appropriate to limit them to 5 rninutes. 'd'hat's
within your discretion to allow as much presentation as you feel is
appr~.priate.
Design Review Board
Transcription of Tape, Intemational Wing
f:\everyooe\dtG\intwing.403 April 3, 1996 1
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~
Mike Arnett- Well Art's point is that he himself represents the applicant. Am I right?
Art Abplanalp- The appellant. T'ypically, we are the people who would speak first and
who would make ...statements.
Mike Arnett- Well, this is different.
Art Abplanalp- I understand that.
Susan Gonnelly- Mr. Chairman, a housekeeping matter; everything must be spoken into
microphones and people have to identify themselves for the record.
Mike Arnett- Alright, and so as I said getting back to our format, we are going to hear
from Tom Moorhead now, Town of Vail Attomey.
Tom Moorhead- Thank you Mr. Chairman. On November 1, 1995, the Design Review
Board approved the plans as submitted by the Lodge Properties, Inc. for
the approval of the lntemational Wing. That was appealed to the Town
Council and it was heard by the Town Council on December 5, 1995.. At
that time, on motion by Peggy Osterfoss, for approval of the design plan of
the International Wing as presented, with the provision that some
additional buffering be worked out with regard to the terrace area.
Additional buffering, landscaping, or whatever that would be, that the staff
could work out with the applicant to improve the visual impacts from the
adjacent property. Staff was to decide by working with the developer, on
what that addirional buffering would be. That motion was seconded by Kevin Foley and it was approved 6-1. Peggy had stated that her intention
on the motion was just on the west side, to mitigate the impact on the
Lodge Condominiums.
On March 7, 1996, Andy Knudtsen with the staff consultation, approved
.the submitted .plams for the buffer to be constructed between the penthouse
on the International Wing and the existing condominium dwelling units.
That staff decision was appealed on behalf of Anita Saltz by letter dated
' March 14, 1996. It was stated in a letter from Mr. Abplasialp that the
. = reasons for appeal were: - 1. The plan which was provided and identified as that receiving Town
of Vail approval was virtually unintelligible, but to the extent it is
intelligible, it clearly has no relationship to that which was approved
, by the Town Council. Therefore, the application must be initiated
as a new process, rather than being subjected to wholesale redesign
at the discretion of the Community Development staff.
Design Review Board
Transcription of Tape, Intemational Wing
f Aeveryone\drb\intwing.403 Apri13, 1996 2
~ .
2. The new plan has an area evhich is between condominium unit 527
and 533 on Yhe west and the penthouse structure on the east, which
is not labeled, diagramed or the subject of any elevatioa arid which
was not included on the prior plan and may be an elevator shaft and
it may have a sloping roof or flat roof. It may be two foot high or it
may be twelve foot high. RIo information has been provided which
gives any information regarding these questions and finally
3. Z'he roof plan or the roof section identifies the location of the *outer
section. One can oaly speculate even as to whether the L,odge ,
Apa,rtment Condominium is on the left or the right of that section,
but it is clear that the latter does not represent a section indicating
. the size or the impact of the stnacture, which apparently is planned
adjacent to units 527 and 533.
' I would also point out that this matter is subject of an action presently
pending in the Eagle County District Court, of evhich the person evho has
appealed this staff decision, Anita Saltz, is a plaintiff in 4hat actioa.
Mike Arnett- Thank you RRr.Moorhead. Andy?
Andy Knudtsen- Thank you. Andy Knudtsen, I'm the staff plauner on the project. VVhat I
" thought I would do initially is just bring everyone up 4o speed on the
context. This is the L,odge here. The existing condorniniums, the proposed
Intemational Wing, the buffer, which the Council voted on in December of
1995, is right in this area and further shown on this board right here. This
is the one coadition that the Council put on the project and it is the only
issue which we are focusing on today. V`That we have here is in sections,
the existing I.odge Condominiums at this point, and terraces that stack up
to a planter with evergreens on this side and the Pre:,idential Suite of the
International Wing over here. In plan D, you can see that there are three
rows of landscaping, separated by sandstone ledges, the highest planter
area is up against the Presidential Suite with the evergreens right in the
center where the mass of the building is. We, uh, Zehren and Associates,
the architect, worked quite hard on this. Staff and Zehren sent back and
forth approximately four to five different design iterations and each one
was an improvement over the previous. This last one sufficiently addresses
Yhe buffer, in stafP s opinion. I would like to add one other point. Vde got this letter just a few minutes
before the DI2B convened earlier today, from the EaSt Village
Homeowner's Association, and if I can pass it out to the Board, as well as
the audience. The one point I'd like to put on 4he record is that the
Design Review Board
Transcription of Tape, Intemational Wing
fAeveryone\dib\intwing.403 April 3, 1996 3
~
dimensions of the approved drawings have been very clear, not only were
they drawn to scale and the scale could be used to understand them, but
they are also shovvn on the record as to the layout,both in height and
length,of the proposed planting materials.
? I have a question. In Mr. Apblan...Art's letter, were you referring to the
plans that we approved, or are you referring to the buffer area; when you
• are talking about the unintelligible plans.
Art Abplanalp- These are not the plans that were approved, first of all. ? I agree with that. I'm just asking you what you were referring to.
Art Abplanalp- I was referring to these that was actually on the table at the table at the
time.
? Ok
Andy Knudtsen- And just that I can clarify, the file has these drawings in them.
Art Abplanalp- Mr. Chairman, the approved plans did not have the elevation of that roof
which was one of the things that we were complaining about. The
approved plans, that we were provided has no elevation, has no indication
and that's an illustration of the whole problem here, they were incomplete.
. Mike Ainett- Are you satisfied that you are seeing it now?
Art Abplanalp- That particulaz.. VVe don't know what it is. We'll get into that if we could.
Mike Arnett- When we do get t.o review these designs, we will cover that roof form.
• Andy Knudtsen- If I can just close, Andy Knudtsen again. The decisions that are before the _
Board today are either to uphold the staff decision, overturn the staff
decision, or modify the staff decision and that's all I have to say.
Milce Arnett- Alright. At this time we'll hear from Jay are you representing the Lodge?
Jay Peterson- Yes, we're here and the manager of the Lodge is here; Greg from Jack
Zehren's office is here; Tim's here from Jack Zehren's office to answer any
questions. We have been over this a thousand times with the staff. You've
seen the full presentation of the full International Wing, abviously some of
you haven't, but we're only here discussing a mitigation of a buffer area
" . between the International Wing Presidential Suite and the Lodge
]Design Review Board
Transcription of Tape, Intemational Wing
f:1everyone\drb\intwing.403 April 3, 1996 4
a '
bl
Condominiums, Yhe top floor condominium units. \A1e thirilc we have
addressed that. If there's anything that is unclear, I don't see it, but I
respond certainly to anything that Art has a question on as far as any
heights, massing of anything, the type of vegetation, the height of the
vegetation, but I think the drawings are pretty clear. In Peggy's motion
when she made it, all she wanted vvas do something to buffer it a little bit
more and so we worked with the owners as much as we could, with the
oudner of the middle unit, which is next 40 the Saltz's unit, we worked with
them; they did not have a problem with it. They are here represented
today. So, truly just Mrs. Saltz that has a continuing question about it. ,
We will respond to any of their concerns.
11Rike Arnett- Alright. Yes, then we will have public input at fhis time. Art, if you'd like
to start.
Art Abplanalp- This may be two stages, Mrr. Chairman, first I would request the Design
Review Board to do two things. First of all, continue this hearing until a
time when we are able to have an opportunity to review the file. VVe've
been trying since the fourteenth of March to look at the file in this case and
we have not been able to do that. First Andy has not...
Mike Anett- You have not been permitted to see it?
Ait Abplanalp- Pardon me?
Mike Arnett- You have not been permitted to see it?
Art Abplanalp- Correct. That is absolutely correct. Andy was very cooperative and then
when this decision was made, he referred me to Tom 1Vloorhead and Tom
indicated that we would be permitted to see it. rinally, on the twenty
second of RRay, he provided copies of the tnaterials.
Mike Arnett- T'wenty second of lYlay?
Art Abplanalp- Twenty secornd of March, I stand corrected, pardon me. Z'he twenty
~ seQc.nd of 1Viarch we told him we wanted to see the file, because we lnew
it was incomplete. We have other documents that were in the f le earlier,
copies, so we knew that things had been taken from the file. We tried since
the twenty second of 1Vlarch to try to find this file. Tom said go down to
the District Court; everything's there. We didn't do that, because that
wasn't the information we had. The last item on this packet, which g give
you, establishes that that was not the tnath. The material which was sent,
pardori me, which was in the file is call.ed the fourth supplemental
Design Review Board
Transcription of Tape, Intemational Wing -
fAeveryone\dibNintwing.403 April 3, 1996 5
.
,`y~.?
certification of the designated record.
Mike Arnett- I, really, you just lost me there. '
Art Abplanalp- This is the cover• sheet for the material, which we were requesting to see.
. Mike Arnett- Ok. -
Art Abplanalp- That material was not sent to the District Court, until the day before
yesterday. If we; had gone down to the District Court, as he said, to look -
at this material, xt would have been a wild goose chase. He misrepresented
to us what was in the court file; we were denied the opportunity to see
what was across the street from us; we prepared for the hearings as best we
can based upon wvhat we had seen, but it's an injusrice. The Town of Vail
wonders why people are moving from the Town of Vail; this is an example.
You can't, this is supposed to be a fairly informal hearing. Aiady and the
staff are great, as far as availability of materials.
Mike Arnett- I've got to agree with you.
Art Abplanalp- When we come across the street, it's a stone wall and this is an example.
For that reason, in order for any intelligent review to be done on this, we
have to have an opportunity to see the file. And so we ask for two things.
First of all a continuance, and secondly, a direction to the Town Attomey
to turn the material, to permit us to look at the file. Additionally, we see
additional diagrauns here. We understand that Jay has additional diagrams
that we have not seen and it may be possible some of these things can be
resolved.
Niike Arnett- There are additiUnal diagrams that he has not seen?
Jay Peterson- We have different renditions of what we were proposing to do with... ,
Mike Arnett- This is a staff approved?
= Jay Peterson- This is a staff approval.
Mike Arnett- This is the relevant document?
Jay Peterson- This is the relevant document.
Mike Amett- Art so continue, this is what we're dealing with today.
Design Review Board
Transcription of Tape, Intemational Wing
fAeveryone\drbAiatwing.403 April 3, 1996 6
x.
.
¦ r} '
Andy Knudtsen- You're talkiag about the first or second iteration?
Art Abplanalp- RIo, ao I'm talking about, for instance, Y.he drawings you sent to 1V(r.
Brown, the Condominium Association, which answered some of the
quesrions. There are drawings out there, Mr. Brown faxed that to me, he
_ was kind enough to do that, and what he does dvhat Jay and he do is
them. But there are questions related to these plans and the plans they
have these. The plans that the Department of Community Development
relied upon on incomplete and conflicting. As an example, Yhe elevations
of this project, which were approved, were approved back in October,
before any of this happened. The only full elevations of the building, I
don't think that they were ever approved, they were submitted in March of
1995 according to the material that was provided to Lynn Fritzlen.
? I'm sorry, I have to disagree with you.
Art Abplanalp- Ok, we're not going, as an example, this staff approval of this structure,
which goes back to October, and we'll get into that in a momeat, is a hip
roof, five feet high. That is the last approval of that structure. So, limiting
it to this now, the question of whether Yhere should be a continuance, if you
choose not to, then we'll go ahead, but otherwise, this is the first order of
business.
Mike Arnett- If I may address that, the first order of business, jpst i.riefly. T'o be honest
with you, sir, you're not the one reviewing 4his application, we are and dve
personatly do not need another week, or two weeks, or whatever, to look '
at this staff approval and decide upon it. VVe've not made up our minds, let
me guarantee you that. We will be reviewing this a.nd we do respect your
opinion, but that would be contrary to precedent for this 3oard to set back
an application. We oftentimes especially iteitis of this minimal complexity,
oftentimes see them and either approve or dcny them in a meeting. So this
is noY.hing, in no way unique for us.
Is there someone else from the public sector that would like to be heard
here.
Art Abplanalp- That was only a question, we obviously have more as far as the.. of this.
However you want to handle it, but that's only the question of having a
. continuance.
1Vdike Arnett- Does anyone have comments aloag that line? TvYr. Rosen would you.
Design Review Board
Transcription of Tape, Intemational Wing
f:~everyone\drb\intwing.403 Apri13, 1996 7
l
l' ±
Mr. Rosen- Mike, what I'd like to do. I represent the owners of Unit 533, Dr. and
Mrs. Cavanaugh, which is a unit right here in the middle. We have a
couple of commexits, but for sake of this discussion, I would like to just
make my comments after the presentation made by the appellant, if that's
possible.
Mike Arnett-. All right.
Mr. Rosen- If not, I mean I don't want to cause some problems here.
Mike Arnett- Ok, well I suppose we'll continue with public input then, regarding
specifically the architecture of this buffer. This is all we're dealing with today; is this buffer.
Art Abplanalp- Well, if we're back to tliat. If we're off the question of a continuance, then
we do have some additional presentation.
Mike Arnett- Go ahead. We're going to start his five minutes from right here.
Art Abplanalp- Thank you very much. I'm going to do my very best to work my way
through this stack of exhibits, which illustrate a number of problems with
the presentation amd specifically the division between the two structures.
First of all let me say, that although this is in litigation, we're trying to put
this on this. When we became involved in this, it was apparent that and of
the last design the Town Design Review Board had, involved an elevator
, which penetrated the limited common elements. That was denied at the
Town hearing. It was recognized in the first set of drawings that Andy
had, that January as a result of which this elevator structure has they have
had to move that, Which has affected everything vertically below it. That
particular problem has created internal problems within the building. No
plan, pardon me, no approval should have been granted on this, because of
the fact that the buffer on the upper story resulted in problems on the floors
below. We have a list of various problems and the relief that we have
requested. You can take them under advisement, check them off, do what
you would like with them as we go along. But, they give an indication of
the problems with the program as it stands now. Because of the limited
time, I'm going to try to zip through these exhibits, as best I can.
The first exhibit is the staff approval back on the first of November. This is
in the final. It does cross-reference a letter to Jay dated 11/1/95. Actually,
the letter follows. l think Andy will agree with that it was actually
November the seventh. None of those provisions relate to buffering to
protection of anyone, although they are all legitimate concerns. It is
Dessign Review Boazd
Transcription of Tape, Intemational Wing
fAeveryone\drNntwing.403 Apri13, 1996 8
•
interesting to note, that for whatever reason this pa.rticular project is
getting off for what is apparently the eighty three parking fee rate, which is
about half of what it is now, for a Town which is in dire financial straits.
Jay Peterson- I object. This has nothing to do with the Design Iteview Board and what
we are here for.
Mike Arnett- You lnow Jay, you've got a poiat there. We are here to review this
design, sir. I don't really care about the parkiag rate. It's not our purview
to decide parking rates here. All we want to know, all we want to review ,
here, asid all I want your input oa is what do you think of this particular
buffer. That's it. Confine your comments to this particular situation, if you
would.
Art Abplanalp- I will do my best. Exhibit two is the last cross-section which was approved
by the Town of Vail and that is in conflict with what you have before you,
but there's nothing to supersede it. It says that the roof, and I'm speaking
of this now, Exhibit 2.1, the roof of this s4ructure is five feet above the
terrace dvall. There is nothing in the T'own's file to supersede that,
including this elevation of ? which does not appear on the approved•copies
you'll see, as vde go through here. Now, there's been some questions to
wheYher that's a hip roof. The approved plans on the next two pages
establish that it's a hip roof and it is not a flat roof as indicated in January
and 1 sfill can't tell whether that's flat or not.
? That would be a gable roo£
Art Abplanalp- That's what I read it, but I don't see a gable roof on here. It doesn't .
indicate that because of course this was again not on the plan approved by
the Town. All of 4his is new. IVow, the next page also establishes
RRike Arnett- VUhen are these plans dated here?
Jay Peterson- First of all, I'd like to say that I think this is the plan that he is referring to.
This is not our drawing.
Mike Arnett- T'hat's a cross-section that we never saw. Z'hat's an interior dravving that
the I)RB never looked even looked at. We don't do insides, we do
outsides.
Art Abplanalp- It's the only thing that was provided to our architect as a drawing
illustrating the diagram of this. Now, again, if you can't see the file, you
don't what the Town's working with.
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Eeveryone\dtb\j ntwing.403 April 3, 1996 9
Andy Knudtsen- Art, it might help just to point something out here. The ridge of the roof
above the elevator shaft is running on an east west axis, which the section
is an east west section, so this ridge that you see here is the top of the roof.
You can also tell that this ridge is at the same height as the sandstone ,
ledges separating the planters and also the same height as the railing of the
condominium owners.
Art Abplanalp- Ok, if you look over at Exhibit 26
Mike Arnett- What time you got there? Brent Alm- Thirty seconds.
Art Abplanalp- If you look at Exhibit 26, you will see the plan that was approved by the
Town.
Mike Arnett- 36?
Art Abplanalp- 26. That is the cross-section and as you will note, there is nothing on this
having anything to do with that roof.
Mike Amett- I can't find 26.
George Ruther- Mr. Chairman, it's been time.
. Mike Arnett- 26, Why don't you just show me yours. Has anybody found it yet. Going
a little slow when it comes to page flipping. What was your concern about
page 26.
Art Abplanalp- It's not the same drawing. That is the staff approved drawing. That is
what we are appealing from. It has nothing to do about the roof here.
Mike Arnett- Andy, could you respond to that? Is this the staff approved drawing.
Andy Knudtsen- Yes, it is.
Mike Arnett- Why do you think xt is so drastically different from that? This is a cross-
section that clearly shows the same features displayed in that drawing there
sir.
Art Abplanalp- That cross-section is here, not at the roof. This has been added to the
drawing
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Transcriptian of Tape, Intemational Wing
fAeveryone\drb\iotwing.403 Apri13, 1996 10
.
Mike Amett- lNhat's your point?
Art Abplanalp- The point is that this doesn't put any limit on 4he roof. Neither does the
other half of the approval which is
Mike Amett- If I'm not mistalcen that roof is the saine as that roof.
Art Abplanalp- No, you're pointing to the middle of the two terraces. According to this...
Andy Knudtsen- t1rt, if I could just interject here. It's clear Yhat the roof of the elevator, the
terraces, everything is below the height of the railings of the balcony with
the exception of vegetation which will obviously grow up above the height
of the planters. If your point is a concern about blocking the views or _
soxnething like that, maybe you could tallc about the concems of your
applicants, or your clients in relation to using the buffer.
Art Abplanalp- Tbat's what I'm trying to do. Well, as you will see, this again is the
approved drawing. They are saying that this limits the height. That height
is not on the city approved drawings. Z'hey are not the same documents.
Mike Amett- It's not atypical, sir, to say that the height of the ridge will not exceed the
heiQht of the railing. We use those sorts of conditions on a bi-weekly basis.
Art Abplanalp- But it.doesn't say that. It doesn't say that anywhere.
'Mike Amett- It explains it here. It displays it here.
Art Abplanalp- VUhen you say the first here, that's what they are ren-dering ycu to todRy,
4hat is not the approved drawing.
1Vlike Amett- VVhat is not the approved drawing? Art Abplanalp- What you have been presented to today.
Mike Amett- Yes i t is.
Art Abplanalp- I4 isa't, I beg your pardon. The drawing that you are being shown today
has been modified by the addition of the roof feature, by the addition of
language which was not on the city approved drawing. It's a rnatter of
what record you have to come back on.
1Vlike Arnett- I regret to inforYn you that your time is up. Greg would you like to
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Transcription of Tape, Intemational Wing
f:\everyoneWiMi ntwing.403 Apri13, 1996 11
respond to that pkease.
Greg Cristman- This part here shows the roof beyond. He's right, the section is cut
through here and we're looking this way. I just put this roof on here for
clarification, but it's beyond and it's showing that it's level with these
ledges. Same with these elevation numbers. They are on there just for
clarification. Andy knew all the elevations at the time when he approved it.
Andy Knudtsen- That's correct. Im conversations with Greg we developed the various
alternatives; each one improving over the last one. It was clear that the -
elevator roof would not be exceeding the height of the railing.
Mike Arnett- Alright, Rick, Mr. Rosen would you like to comment on the architecture,
please.
Rick Rosen- Just for the record, my name is Rick Rosen. I represent Dr. and Mrs.
Cavanaugh, who are the owners of Unit 533 and as the Board can see, 533
is the middle of the condominium units. I really just want to go on record
and explain that the Cavanaughs have not become involved in the
controversy, quite frankly because we understood that there was going to
be a building built there at some point. They responded to that faot and
what we did was we decided to work with the architects and the owners of
. the International Wing to come up with some solutions that might help
mitigate the impact that was going to happen with that. We have worked
with them very closely. They have answered our questions, provided us a
number of taken care of a couple of concerns that we had. I think those
concerns also were sent in a letter to Andy when this whole review process
was going on of which were included here in this particular design. We
have no objection with this design. We're actually quite happy with what
they've done. They've listened to our suggestions; listened to our
complaints; have worked with us. We've got a couple of minor things that
the owners are working with right now and we would just like to go on
record thanking them for their support and helping us.
Mike Arnett- Thank you Rick. Could you point out again who you represent.
Rick Rosen- We are Unit 533, which is right here.
Mike Amett- The one dead center.
Rick Rosen- Right smack in the middle. And just real quick for clarification, I had a
question and I think Jay would get up and say the same thing. We had a
question on the height of that particular elevator shaft. Jay cleared it up b,y
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Transcription of Tape, Intemational Wing
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taking me through the plans, as well as Creg Cristman and it was quite
clear to us it was definitely below the railing. Thank you.
Milce Arnett- Thank you rnueh for your input. Is fhere anyone else fi•om the public that
would like to comment. Mr. Brovvei?
Jim Brown- Thank you Mr. Chairman.
Mike Armett- Identify yourself. .
Jim Brown- Yes, rny name is Jim Brown. I'm a lawyer and I represent the Lodge
Apa.rtrnent Condominium Association. 1VIy client is the ovdner of the
general aud limited common elements that are established according to the
declaration. 'I'he limited common elements specifically include fhe decks
adjacent to Units 533 and 527 owned by Rick's and Art's clients
respectively. VVe were concerned that the earlier design, proposed by Jay's
client, impinged on those limited common elements and in part, I believe,
this drawing was addressed to thaf concem and I believe it is clear now
that these designs, the design before the Bqard today does not impinge on
the limited common elements, in particular the decks of 533 and Unit 527.
- T'he second concem that we had was that the applicant's design not
impinge on the general common elements, specifically beam;, girders,
supports of the building. And there was s,)me concem that ihat might be
the case. I received today from Jay, late this morningy,uSl CJPifore I had to
leave to come up here, a fax which speaks to that issue. And interestiagly
enough, accarding to the condominium declaration here, the cnndominium
regime, if you will, begins at a specific elevation. That elevatiou is
8,204.89' above sea level. So everything that is above Yhat elevation is paxt
of the condominium regime; everything that is below that elevation is not
part of that regime. Jay showed me today a diagram that was attached to -
the decks that I did not have a copy of, which established that the floor
level of these condominiums is at 8,204.89'. Is that correct, Jay?
Jay Peterson- That's correct. '
Jim Brown- And as a result of that, it appears that the support bearns below the decics
are not part of the condominium regime and therefore, do not appear to be
part of the common elements, which my clieat owns. Now I want to stress .
. 1'm saying appears to be the case, as I mentioned, we just got that
information today, and we're getting that information to our architect to
review, but at this point in time, we do not have an objection to this design.
gt appears the intrusion on the decks themselves has been resolved and it
appears that the concem for general common elements has been resnlved
Design Review Board
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fAeveryone\drb\intwing.403 April 3, 1996 13
also. Thank you.
Mike Amett- Thank you for yaur comments. Anyone else? Lynn Fritzlen. Will you pull
your microphone down.
Lynn Fritzlen- I'm Lynn Fritzlen. I'm an architect and Mrs. Saltz addressed a couple of
questions to me in regards to the plans.
Mike Arnett- Are these included in her letter of March 14th?
Lynn Fritzlen- No, there is no currespondence for me in that.
Mike Arnett- Oh, this is for Art. I'm sorry. Go ahead. .
Lynn Fritzlen- In that package, she was under the impression that her deck was a limited
common element that required permission for access. And I said as a
practical matter, I could not understand how they could leave the deck in
place and construct a roof deck structure underneath it. And so far, she or
Art has not received any information that does address that. I guess the
interpretation at this point is that the it is owned by the association, Jim, is :
that correct, or how does that work?
Jim Brown- Lynn, the information I got from Jay late this morning, I faxed immediately
to Art and that did include the cross-sections and the supports that Mrs.
Saltz had been looking for. And the information that I got from Jay
indicates that the deck itself is right at 8,204.89' which is where the
condominium regime begins and goes up. It does not appear that the
supports to the decks are part of the condominium regime and Jay noted in
his letter to me, which I provided to Art, that Lodge Properties has a duty
of support to the condominium regime. So although the condominium
regime begins X feet up in the air over the ground, it's Lodge Properties
obligation to suppoit the condominium regime and Jay noted in his memo
to me that there was no specific requirement in how they do it and no
specific requirement that they seek the association's consent before they
change those support elements.
' Mike Arnett- Excuse me, if I may interject here, nowhere under Item No. 2 do I see the
condominium regime or the supports for this deck. What we're here to do
today as a Design Review Board, is focus on this particular issue, which is
the buffer between those units and this unit and I'd like to get back to that.
Lynn Fritzlen- I'm sorry it was such a lengthy answer, it was just a matter of
understanding and I just wanted to clarify it since Mr. Brown. I guess the
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Transcription of Tape, International Wing
fAeveryone\drWntwing.403 Apri13, 1996 14
other thing that 1V?rs. Saltz asked me specifically about is the location of
any rnechanical equipment and the height of the elevator, which in the
section there is the shaft indicated at two different heights, 2'6" and 3'6".
Typically, the clearance above an elevator does not vary in height and for
this type of elevator it would require about 125" in clearance, so 4hat
would bring the roof of the elevator up to a minimum of 3'6" above the
deck and that is not entirely consistent with vvhat is shown. Although we
do not have a section through the elevator so those were her concerns.
The other thing that she questioned was it appears that there are some
ducting from the kitchen that is coming up from the kitchen to the roof and
being vented to the side. And she said that the ducting and the equipment
is not addressed on these drawings. You know t.his has been coatinuing
concern with DRB; these plans get through the Board anci then we end up
with a roof that's full of rnechanical equipment.
Mike Arnett- I beg to differ. Vde cover
Lynn Fritzlen- I'm just stating her concems, that's all.
Niike Arnet- VEIe cover that when it originally went through the I)RB. T'hat's one thing
we always try to pay close attention to on downtown projects in particular
is roof top rnechanical. And we've been through the rooftop mechanical
and we've already approved the rooftop mechanical where it exists. And g
think what you see is what you get here. And rest assured if we make a
motion in favor of this, we will modify it to stipulate that the height of this
elevator shaft, the ridge peak, not exceed 42" or 3'6" off the terrace, so 4hat
it be no higher than the guard rail height.
Jay Peterson- Michael, Cireg's here to verify 4his, there is no mechanical on the roof.
Mike Ainett- I'rn aware of that. lAle've been through that. That's always oae of our big
concerns and it's been addressed. Anyone else from the public? How
could i forget.
Jim Lamont- East Village Homeowner's Association. Because this is an appeal to a
- public hearing, is there any prohibition against the public speaking on this?
11Rike Arnett- N0, five minutes.
Jim Lamont- Ok, five minutes. I would yield whatever additional4ime I may have after
rriy comments to Art. The Homeovvner's Association is specified in the
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Transcription of Tape, Intemazional Wing
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writing I think. Uur questions are what you see is what you get and to
make sure that those are clearly defined, so that all parties have an
expectation is met. You should note that we are under subpoena by the
plaintiffs in the litigation. I represent a neighborhood association that I
have been directed by the Board to attend all meetings and to make
comments in terms of clarification with regard to this matter. So our letter
is written in the spirit of making sure that we have sufficient infomiation so
• that all parties can know what their expectations are. As far as the
aesthetics of this matter, that's 1eft to you all and I would hope that you
would make your best efforts to meet the needs of all parties. Thank you. -
Mike Arnett- Thank you, Jim. Have we left anyone out?
Art Abplanalp- Could I briefly respond to your suggestion of conditions?
Mike Arnett- Certainly, let me get my pen ready.
Art Abplanalp- Well, actually I was simply going to refer the Board to the one page that I
provided earlier.
Mike Arnett- Which one was that?
Art Abplanalp- LWhich was the lisg of possible conditions for
Mike Arnett- Is this on the 14th letter?
Art Abplanalp- No, it was handed out to you with my packet. 1V1any of those can be
handled as conditions modifying the stafFs action. Since we haven't been
privy to see the file, we don't know what's there or whether any of these
conditions are in fact satisfied intemally. If the Board is in agreement, and
I think if you look at Andy's First letter back in December, he certainly was
in agreement that some of these were, in fact, concems. He requested _
elevations, with this one exception, they were not included in the plan.
Many of these are logically included in the conditions which might be
placed on the staff' approval and can be handled that way. But since we
haven't seen anything, we just don't know. And 1 would just suggest that
the Board take a look at those one by one and see whether these would be
logical for your inclusion. .
Mike Arnett- I'm doing so now and for example, Penthouse away from apartment
condominium units. It is away from the apartment condominium units.
Decrease the height of the penthouse level of the roof and the pitch. Now
these are items that have already been approved. We are not here today to
Design Review Board
. Transcription of Tape, Intemational Wing
fAeveryone\dib\intwing.403 April 3, 1996 16
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discuss these items.
Art Abplanalp- Well, I'll not argue with you and I give one by one. The first six items
related to change in design. 7-12 really related to incomplete items. So,
. such 4hings as getting the elevations. T'he last elevation that we were
provided is an elevation which is about three stages back. We don't know
what the Town is relying on, but if the Town is going to go out and
rneasure if this is built in conformity with its design review approval, the
Town respectively needs to laiow what the design review approval could '
be.
1Vdike Amett- Those would be 4he drawings dated on vvhat, December something of `95.
Jay Peterson- Or is he talldng about these plans.
Milce Amett- I'm not sure.
Art Abplanalp- We11, certainly'rhese would be among them Jay, but the last elevations that
were provided to Lynn were 1Vlarch, I believe, 1995 and as an exarnple,
4hey contemplate a stair stnacture.
liRike Amett- But sir, I'm sorry, I must reiterate and I'xn not 4rying to be rude, we're just
bumped into review designs here and this is a design we're hete to review
today. That's it. Finito. VVe're not here to look over the previous
approval. We're here to look over this particular staff approval. This is what has been appealed. This is what has bPen brought back to the I)I2B
. for us to look at and for heaven's sake, I'd sure like to get to looking at it.
Art Abplanalp- 11Rr. Chairrnan, if you will look at the plans which were submitted pursuant
. to Andy's request on the Sth of January this year, in response to the
Town's direction, they included elevations of both ends of the unit. 1'hey
were beautifully done. The architect did a great job. Another set was
' submitted in mid February. We haven't been permitted to see those. T'here
were six plans and now there are two.
: Mike Amett- I don't understand this. Is this something to do with the legal stuff that's
going on.
Tom iVioorhead- If I could say something.
Mike Amett- Please, to clarify it.
Tom liRoorhead- Art believes that if he writes in a letter enough and if he says it enough, that
Design Review Board
Transcription of Tape, Intemational Wing
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it becomes fact, that he has not had an opportunity to review this file. That
is absolutely untrue. .
Mike Amett- Thank you.
Tom Moorhead- He has reviewed this file. This file has been certified with the District
Court.
Art Abplanalp- Two days ago. .
Tom Moorhead- He looked at it last week. He has been provided copies. He had asked for
copies at that time. He was provided copies. He asked to look at the file
again. He was told that the file was in use, which it was, because we
certifying additional matters to the District Court. He believes that he has
some identity other than his client. His client has been served this. Andy
Knudtsen has appeazed and testified at a deposition for five hours. He
produced the entire record at that deposition. Andy Knudtsen was
subpoenaed by Mrs. Saltz to the hearing. He produced the entire record at
that hearing and for Art Abplanalp to say he has not had an opportunity to
review this file is absolutely untrue. He chooses to make issues that don't
exist and I take issue with that position and that is not a fact, because his
client has had continued access to this file. Mr. Abplanalp chooses to
continue to harass and overburden the staff with meaningless requests over
and over again. Thank you.
Art Abplanalp- Mr. Chairman, this is the type of elevation which Andy requested in
December; which :Iay provided in January and which we agreed this is
appropriate and it hasn't been done to this.
Mike Arnett- Mr. Abplanalp, I would have to say that perhaps this sort of rhetoric will be
useful in your court case. But, once again, we're here to look at this
design and at this point I think we're going to go on with what's on the
agenda here, which is the appeal of the Zoning Administrator's decision to
' approve a buffer to be built between a proposed addition and the existing
condominiums. 7hat's it. That's what our job is today. I appreciate your
opinion and I do have your items here and we are going to address those. I
- think the ones that are relevant, however, not the ones to pertain to a
previously granted approval. Alright, now if we could once more and
briefly have a brief presentation that describes the quantities and species of
the buffer by whoever is most qualified to give said. Thank you.
Jay Peterson- As far as species, we've got ground cover here, juniper here, this is spirea
Design Review Board
Transcription of Tape, Intemational Wing
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bushes here and over here, additioaal ground cover here and these are
pinion pines here, seven of them, a minimum of six feet in height.
11Rike Arnett- Ok, and describe the, this surface is sandstone.
Jay I'eterson- 'I'his is a sandstone ledge.
Mike Amett- The surface of the, roof is. '
Jay I'eterson- Uh, copper. •
Mike Amett- Treated copper?
Jay I'eterson- Yes.
Mike Amett- 1Vluriatic acid?
Jay Peterson- Yes Mike Amett- Ok, gentlemen, comments regarding this particular application and I don't
know if you've all had a chance to look over this, the first item on Mr.
Abplanalp's list was regarding the relocation of the elevator away from the
apartment condomin-:uns. I'll start, by asking if that is a possibility of
relocating that any -.;loser to this.
Jay Peterson- No, we have rnoved it out of their limited coxninon elemcnts and so we've
, moved it 2 1/2 feet from where it was to Yake it further away, but we had
to rearrange everythiag dowe in our building to do that. Vde cannot move
' it anymore. It's obviously a fimction of the interior design of t:ie building
and this is not possible to move it anymore. But we have kept it as low as
possible, which is below their railing.
Mike Amett- And in all cases, you do avoid the cornrnon elements.
Jay Peterson- Yes sir.
= Mike Amett- Between these two buildings. Ted, do you want to start.
Ted Hingst- First, I'd like to say it's wonderfial to see so much interest in 4hese projects.
Personally, I feel this is an enormous improvement for positive growth. I
think, considering what alternatives might be out there, this is a definite
plus. T'he ground cover, what were you proposing. In terms of the ground
cover that you were proposing to put in, v?hat type plants are you planning
on using.
. Design Review Board
Transcription of Tape, Intemational Wing
f:~everyoneldMntwing.403 April 3, 1996 19
Greg Christian- It's detailed on there.
Mike Arnett- It's kind of hard to read from this side.
~ and junipers.
Greg Christian- Soapwort, it's like 6" tall
Ted Hingst- Ok, so what we're seeing is then a stair. set of green.
Andy Knudtsen- Yes, they vary from 6" to 18" and then the trees are going to be 6' to 8' tall.
Greg Christian- The ground cover will start to grow over on top of the ledges with a
cascading effect.
Mike Amett- Any other comments.
Ted Hingst- Not from me.
Mike Arnett- Gene?
Gene Uselton- Well, it appears to me that the view from 527 and 533 is going to be
substantially improved over what :ve have right now. I like the barrier.
Mike Arnett- Alright, Clark. Clark Brittain- I think that this whole discussion, we should probably just get back to this .
buffer thing and I think there's a lot of foresight and planning exhibited
here. I think they have gone to a lot of trouble. I think that the decision
should be upheld.
Mike Arnett- Brent? .
Brent Alm- I have a question about the sandstone. Is there any concern about someone
wanting to get out there and walk on the sandstone? Is it a safety issue?
Greg Christian- No, it'll be 2" thicic and mortar set, so if somebody does walk on it, it will
be able to support the load.
Brent Alm- But, would somebody be able to walk out there?
Greg Christian- Yeah, people would be able to walk on it just in terms of maintenance.
Design Review Boazd
Transcription of Tape, Intemational Wing
fAeveryone\dtb\intwing.403 Apri13, 1996 20
, .
Mike Arnett- There was initially a concern for the beaefit of the other xnembers that this
would become a party area for the penthouse located on this floor and I
' think this basically, garden coacept addresses that concern quite well and
that it more or less, precludes the eventuality of there being a party in this
area between the existing units and the proposed premier suite.
Jay Peterson- And there is an irrigation system up there, so the only time anybody has to
go out there for maintenance, for weeding and things like that.
li/tike Arnett- Mr. Rosen do you have a quick comment? .
Rick Rosen- Just a quick yuestion on the rnaintenance, since it's been brought up. I.et
me just have the applicant just give us a quick comment how that's going
to be maiatained, as far as the weeding a,nd that type of thing.
Mike Arnett- Certainly, who's in charge of the landscaping here?
Jay Peterson- John can probably address it being the same type of what we do all over
the Lodge. Vde have maintenance people on site. Obviously, it doesn't
have to be sprinkled by hand. The type of ground cover and the type of
plantings that we have, it's certainly a minimal type of a maintenance
system. Vdhatever necessary to keep them nice, we obviously do. You can
tell by the grounds at the Lodge.
Mike Arnett- I)oes that answer your question?
Rick Rosen- _ I just have one other qu;ck question. As in most projects, is 4liere going to
be a bond as far as replacement of the debt landscaping, that type of thing.
during the period of the first year.
Mike Arnett- V(1e geuerally don't ask for a bond, we generally put it as a condition of
approval that if any species die, they be replaced, as per the original
approval.
John Valponi- It's to our advanta.ge to keep that in good shape. With a premier suite on
the other side, they will be 1QOking at parts of it as well.
Brent Alm- I would just add that I think the buffer as proposed does provide good
screening, but still seems to allow views froxn those adjacent units. It's
unfortunate that they have this li4tle problem, a building being built right
outside their existing units, but it seems to be the way it is.
Design Review Board
Transcription of Tape, International Wing
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Art Abplanalp- For clarification, since the Board is going to approve perhaps the conditions, there is additional information on the two maps that bave been
presented today. I would simply request, and that's part of our problem,
. that it wasn't on what Andy had available, I would ask that any motion
refer to these two plans, rather than what Andy had, which did not have all
of this informatian on it.
Mike •Amett- Let's date those plans.
Art Abplanalp- Those are actually dated the same date as the other, but the difficulty is that -
they can change.
Mike Arnett- Well, let's date them and initial them today, Andy.
Art Abplanalp- Thank you. .
Jay Peterson- I disagree with Art's perception of these.
Mike Arnett- I agree with you Jay. I preriy much see that as the same drawing I saw
displayed earlier, but it's harmless. My questions are the elevation I don't
see on the elevatar roof would be the west elevation. The part that if you
look down between the balcony rail of Mr. Rosen's clients, the
Cavanaughs, if yau look directly down, standing at the rail, what do you
see. Do we have anything there, or do you plan to make that grow into the
railing.
? Yes, there will be a sandstone wall.
Mike Arnett- Ok, great. Does the Board feel that the quantities of landscaping as
displayed are sufficient? Anyone not feel that they are sufficient. And the
railing details are as we initially approved, right, as per the original
approval, the handrail details, the guardrail details? .
? That's correct.
IVlike Arnett- I think this has goxie a long ways towards satisfying the concerns of the
neighborhood. I would echo Brent's comment that it's unfortunate when
large buildings are developed that do impact people's views, views that
people have becorne accustomed to, but in as much as this is not in a
designated view corridor, I think that it has been the case in the past, and
will continue to be so, that noone's right to a personal view is guaranteed.
I think that these people have gone out of their way to do a nice project
here. I'm sure the landscaping, for their benefit, as well as the owners of
Uesign Review Board
Transcription of Tape, Intemational Wing
f:\everyone\drb\intwing.403 Apri13, 1996 22
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4his unit and the ones adjaceat, will be sufficient and well maintained. That
I hope you would know that if for sorne reason these quantities as listed do
not appear sufficient, they will be upped, as I'm sure they will be. I have
nothing to add. I think it was a fine job. I think staff had every right to
staff approve this. I understand why it came back, but at this point I think
we're ready for a motion.
Brent Alm- Mr. C;hauman, I'd like to malce a motion to uphold the Zoning
Administrator's decision to approve a buffer to be built between a
proposed addition and the existing condominiums at the International VVing
with the following condition:
That the height of the elevator roof not exceed the height of the
railing or 3'6".
Mike Arnett- We have a motion. Do we have a secoad?
Ciene Uselton- Second.
li/Iike Amett- 5econd by CBene. All in favor. It is una,nimous. 'g'hank you.
Art Abplanalp- Reference to this referenced set of plans.
Mike Amett- And also would you add that.
Brent Alm- And that the plans that we're looking at are dated 4/3/96. That's it.
Mike Amett- Ciene, would you amend your second.
Gene Uselton- Second.
Mike Amett- All in favor.
` 2. International Wing - Appeal of the Zoning Administrator's decision to approve aAK
bufFer to be built between a proposed addition and the existing condominiums.
- 174 E. Cpore Creek Drive/portions of I.ots A, B, and C, Block SC, irail Village 1 st Filing
Appellant: Ms. Anita Saltz
M01'gOIV: Alm SECOND: Uselton VOTE: 5-0
NPHELII? - with Yhe clarification that the elevator shaft not extend above the height of the
deck railing.
Design Review Board
Transcripdon of Tape, Intemational Wing
0everyone\drb\intwiug.403 Apri13, 1996 23
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Design Review Board
Transcription of Tape, Intemational Wing 24
f:\everyone\drb\intwin9.403 Apri13, 1996
` • .
. RE CW" °EQ
. ~ . .
DISTRICT COURT, EAGLE COUNTY, COLORADO
Case No. 95 CV 362 (Consolidated with 95 CV 377)
ORDER DENYING PRELIMINARY INJUNCTION
ANITA SALTZ,
Plaintiff,
vs.
LODGE PROPERTIES, INC.; TOWN OF VAIL, a municipal corporation;
TOWN COUNCIL OF THE TOWN OF VAIL; and BOB ARMOUR, SYBILL NAVAS,
PAUL R. JOHNSTON, MARGARET A. OSTERFOSS, KEVIN R. FOLEY, MICHAEL
D. JEWETT and ROB FORD, as the Town Council of the Town of Vail,
Defendants,
and
LUANNE WELLS,
Plaintiff,
- vs.
LODGE PROPERTIES, INC., and THE TOWN OF VAIL, COLORADO, and its
agents, in their official capacities, namely, THE TOWN COUNCIL,
TOWN MANAGER, TOWN ATTORNEY, PLANNING AND ENVIRONMENTAL
COMMISSION, DESIGN REVIEW BOARD, ANDY KNUDTSEN, in his official
capacity as Senior Planner and Zoning Administrator, and DAN
SPANECK, in his official capacity as THE BUILDING ADMINISTRATOR,
Defendants.
- THIS CASE concerns the proposed expansion of the
International Wing of the Lodge at Vail (hereinafter "the Lodge"), which is owned by Lodge Properties, Inc. (hereinafter
"LPI"). The Lodge is situated on 2.089 acres within the
Commercial Core 1 zoning district ("CC1"). This zone was
established by the Town of Vail in 1973. The Town later adopted
a density regulation for CC1 in 1980, which limits construction
to 25 dwelling units or 50 hotel rooms per acre.
Attachment D
.
Plaintiff Wells is the owner of a condominium at One Vail
Place, located adjacent to the site upon which LPI proposes to
build the International Wing. Plaintiff Saltz is the owner of
Condominium Unit 527/529 of the Lodge Apartment Condominium,
located on the fifth floor above the Lodge. Plaintiffs seek Rule
106 relief and a preliminary injunction prohibiting the issuance
of a building permit to LPI on the ground that the International
Wing exceeds the allowable density in CC1; that the 1983
Agreement between the Town and LPI constitutes illegal contract
zoning and is void and unenforceable; and that the 1983 Planning
and Environmental Commission ("PEC") approval has lapsed and is
now void.
Plaintiff Wells also seeks declaratory judgment that the
1983 Agreement is void and unenforceable and a declaratory
judgment that the Town violated Wells' procedural and substantive
due process rights by entering into the 1983 Agreement.
Plaintiff Wells also asks that the Court mandate that the Town
zoning procedures processes be adhered to and applied to the
International Wing, the same as they are applied to all other
proposed developments. The matter is now before this Court-solely and only for the
purpose of ruling on the preliminary injunction. The Court has
received a certified record from the Town concerning the hearings
held before the Planning and Environmental Commission ("PEC"), the Design Review Board ("DRB") and the Town Council. The
certified record contains numerous supplements requested by the
various parties. Just prior to the hearing, the Court received,
2
~
from both Plaintiffs and Defendants, a lengthy memorandum
concerning their respective positions and arguments for or
against the preliminary injunction.
At,the hearing, the Court was presented with very limited
testimony and literally hundreds of pages of documents and carrespondence which the Court was to consider. The Court also
heard arguments of counsel which, to a large extent, were a
summary of their written memorandum.
A brief recitation of the process required to obtain a
building permit in the Town of Vail is essential. A person
desiring to obtain a building permit makes application for PEC
approval. This application is presented to the Community
Development Department staff for their review, and they work with
this staff to make the application acceptable to staff. When the
staff is satisfied that the application is acceptable, they
present it to the Planning and Environmental Commission. The
hearings before the PEC are public hearings, and adjoining
property owners are notified. Any person desiring to challenge
the decision of the PEC can do so by appeal to the Town Council
within ten (10) days of the PEC decision. Likewise, the Town
Council meetings are public, and notice of the pending
application would appear on the Town's agenda.
Following the PEC approval, the applicant must then apply
for Design Review Board apprvval. The process is similar to PEC,
in that the applicant then works with the planning staff, and
when the staff is satisfied that the application is ready to be
presented to the Board at a public hearing, with prior notice to
• 3
adjoining property owners. Once again, any person wishing to
chal.lenge the decision of the DRB can do so by appeal to the Town
Council within ten (10) days; and once approved by the Town
Council, a building permit can be issued. The DRB does not have
authority to overrule decisions of the PEC, and they are separate
and distinct acts which must take place, with separate and
distinct boards, both havi.ng appeal from their decisions to the
Town Council. Zoning and density are issues before the PEC but
not before the DRB. Approval by the PEC is a prerequisite to a
DRB application, and staff does not present an application to the
DRB until it is satisfied the applicant has PEC approval.
Accordingly, the DRB does not have authority to reconsider that
which has been approved by the PEC.
The Town considers the Commissions and the Boards to be
separate and distinct entities and administrative agencies; and
their decisions, when approved by the Town Council, are final.
The only appeal therefrom would be to the District Court,
pursuant to Rule 106, which must be taken within 30 days.
Under the facts of.this case, no one appealed the PEC's 1983
_ approval of the LPI' s application until the filing of this case
in December of 1995. All parties concede that the Plaintiffs'
appeal of the DRB decision, which was finalized on December 5,
1995, was timely made. The Plaintiffs contend that until such
time as the application received approval from the DRB, there was
nothing to appeal. The Defendants' position is that the PEC and
the DRB are entirely separate processes and that the PEC approval
is a statutory prerequisite to a DRB application. 4
. ~
IT IS THEREFORE the Order of this Court that Plaintiffs'
Motion for Preliminary Injunction is denied and that the Town may
issue a building permit to the Defendant LPI at such time as it
is administratively ready to do so. The Court cautions that LPI
proceeds on that building permit at its own peril, subject to the
ultimate outcome of this case.
The Court denies the preliminary injunction for the
following reasons:
1. The Court does not find that the Plaintiffs will suffer
irreparable injury and that there is no emergency involved in the
situation because Plaintiff Wells has known of the PEC approval
since 1983; and even if she claims she did not receive proper
notice of the PEC approval hearings, she certainly had a full
understanding of the situation after receipt by her now deceased
husband of the 1983 Agreement in June of 1984. Additionally,
Plaintiff Saltz is charged with knowledge of the Agreement and
is, by covenant, precluded from challenging the development.
2. One of the Plaintiffs' claims is for monetary damages;
and therefore, they have an adequate remedy at law.
3. The Court is not satisfied that there is a reasonably strong probability of success on the merits in Plaintiffs'
complaint, because at least Plaintiff Wells had full knowledge of
the proceedings since 1983 but did not appeal the PEC approval on
a timely basis or seek a declaratory judgment of the Town's
actions when the Town Board, interpreting its own ordinances,
decided that LPI's application did not exceed the zoning and
density regulations for Zone CC1.
5
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4. The Court determines that granting a preliminary
injunction at this time will disserve the public interest by
encouraging persons to wait prolonged periods of time before
seeking redress of alleged quasi-jurisdictional ab.uses, which is
one of the primary policy reasons behind requiring appeals,
pursuant to Rule 106(a)(4), to be filed within thirty (30) days.
In this regard, the Court adopts the words of the Tenth Circuit
Court of Appeals in mhat-rhPr Enter v Cache caLnty Corp. , 902
F.2d 1472 (lOth Cir. 1990), as follows:
Whether the reason is called laches,
estoppel, waiver, or public policy,
challenges to the procedural invalidity of a
zoning ordinance and constitutional '
challenges based thereon must be brought
within a reasonable time from enactment of
the ordinance. If not brought in a timely
manner, the plaintiff will be barred from
challenging the a.oning ordinance.
5. The Plaintiffs' claim that LPI's PEC approval has
lapsed is without merit. The Town has, for many years, and in
several other cases presented to this Court, taken the position
that new ordinances passed while an application is pending do not
apply to the pending application. It is true that most towns and
cities do not adopt this policy, but so long as it is uniformly applied, it does not violate any statutory or constitutional
provisions.
6. Finally, the Court determines that the balance of
equities do not favor the injunction under the facts and
circumstances of this case.
6
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DONE AND SIGNED in Chambers this 12th day of April, 1996.
BY THE COURT:
DISTRI T IJRT JUDGE
OOPO
7
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CE$T]"FTGA . OF MATT TN ,
I HEREBY CERTIFY that a true and correct copy of the
foregoing Order Denying Preliminary Injunction was placed in the
U.S. Mail, postage prepaid, and affixed, this 15th dag of April,
1996, addressed to: ,
JAMES S. BAILEY, JR., ESQ.
Bailey, Harring & Peterson, P.C.
1660 Li.ncoln Street, Suite 3175
Denver, CO 80264
JOHN W. DUNN, ESQ.
ARTHUR A. ABPLANALP, JR., ESQ.
Dunn, Abplanalp & Christensen, P.C.
108 S. Frontage Road South, Suite 300
Vail, CO 81657
R. THOMAS MOORHEAD, ESQ.
Town Attorney, City of Vail
75 S. Frontage Road
Vail, CO 81657
ANN B. FRICK, ESQ.
LIA A. WOODALL, ESQ.
Jacobs Ghase Frick Kleinkopf & Kelley LLC
1050 17th Street, Suite 1500
Denver, CO 80265
8
East Village Homeowners Assoc 9*108"1/5856 05/03/1996 02:43=20 PM P_2
E~~~ ~ILLAGE HOMEowlvFRs AssociATION, INCe
OfFice[s: President - Bob CralNrir? Secretary - Gretta Pazks Treasurcr - Patrick Gramm
Directors - Judith Berkowitz - Dolph Bridgewater - Ellie Caullans - Ron Langley - Sill Morton - Connie Ridder
Ta: Vail Town Council
From: Jim Lamont, Executive Director
Date: May 3, 1996
RE: Appeal of Design Review Board Decision
Lodge at Vail Intemational Wing
The Homeowners Association finds that the proposed remedy for the interconnection of
the proposed Lodge at Vail International Wing does not achieve an acceptable degree of compati-
bility with surrounding groperties.
Further, there appears to be sufficient evidence to indicate that the proposed intercor?nec-
tion does not conform to the terms and conditions of the Lodge at Vail condominium declara.-
tions. The design that is accepted by the Town Council should not create a conflict with the
requirements of the condominium declarations.
As has been made known in prior public hearings regarding this project, the Homeowners
Association believes that there is a more acceptable solution than the present proposal. It is our
position that there should be a reconfiguration of the proposed International Wing, allowing the
building to be diminished in size and height, while petmitting the developer to regaining the lost
building area on the adjacent Land Exchange Site.
The Homeowners Association urges the Town Council to reject the Design Review Board
decision until such time as a more appropriate solution is found for the interrelationship and in-
terconnection with surrounding buildings.
cc: Tom Moorhead
Post Office Box 238 Vail, Colorado 81658
Telephone: (470) 827-5680 MessagelFAX: (970) 827-5856
MAY-07-19% 13=22 JCFKK P.02i06
J •
np /4NRl B. FRIC~i
JJ~ccobs . . 892,4422
ChASE
FR6ck A/Iay 7, 1996
KWNkOp~ ,
& VIA FACSIWLE A" tWL .
Town Council
y Town of ilail
75 S. Frontage fftd. V+/est
LLG i1ai1, co
ATTORPoEyS A= LAw gte: MQy 7 Town Coaencil Meeting RegardingAppeal of Design Review
Bvard Decasion - Lodge at Vcafl Internatiortal bd'ing
Deaz Town Couaicil:
°d'has fixm cwTenP1y represents Anita Saltz, 4he mwner of Condomiriium Uni4
527, The I,odgc at Vail apartanent condomiruums, on whose behalf this letter is beiag
subffiitted. Anita Saltz and her azchitect, L,ynn Fritzlen, will appear at the 11/Iay 7
hearing aaad rnake a presentation to you
Thc following is a siamnnasy of the points that will be raised on behalf of
A.nita Saltz at the hearing:
1. Lodge Properties, Inc. ("LPI'') as tpespassing over S41tz' balcorry.
Accmrding to architect Lynn Fritrlen, the drAwwfngs reflect the construction of a neva
conerete slab and joist floor of Saltz' balcony, thcreby requiring tha4 her balcony be
removed and rebuilt. Saltz has not given LPI her pennission to commit this trespass.
Because SaItz has nnt given her approval for this trespass, LPT has representcd that
it does not need to obtain Saltz' pCTffi1S510II. I.PI's contentions arc vvithout merit as
discussed below.
IndFpiEwdEwct PLun
1050 17rti sr. - LPI contends that the proposed International Wang which is defined herein
as including the cvnference ccnter, the hotel units and the penthouse suitc, although
Su~iE ~ 5~ peneyraqing Saltz' balcony and/or exterior dvall, does so within 8,204 feet abQVe sea
mtNVtu, CO 802e5 ievel. LPl contends that SaltL' balcony and floor of hcr eutize condominium unit is
303-685-4800
iau 303,695,4869
]t~RKK-55341
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Town Coueicf I
May 7, 1996
Page 2 -
four feet lower ghm it should be and therefore LPI is permiYted to commit this trespass. This is
Wmng for the fvllowing re,asons:
a. If Saltz' balcony floor was built four feet too law, the floor of her entire unat
was built four feet too lowr as well. It was LPI or its prcdecessors evho surveyed the property and
constructed the building. Any rnistake here is charged against LPI, not Sa1lz.
b. Paragraph 3.1(c)(iv) of the condomiaium declaration (the "Declaration')
specifically p.rotect,5 Saltz in a situation such as this. That garaga'aph gives Saltz an easement for an
eneroachment upon any part of the i.odge at iTai1 in circutnstances just like this - where L,PI has
bt6lt in 4he vvrong place or the encroachffiem is due to settling or shifiing, or `for caray other peason. "
c. . Saltz owdns 4hosc four feeY that ffiay have becn built 40o flow tlnrough adverse
possession (the coadouniniwm has beecai odvned and occupied for ower 20 years).
d. IY clearly vvas the intent of the parties at tlte tirne that the sowth vving was
subanatted ta condomfnium ownership fhat 4he unat owner owned the space within his unit and has
balcony even though it may havc anistalcenly been built four fcet lower than it should have been.
C. Paragraph 3.4 0f the Declaration provides that the balconies are a limited
comman elemen4 vdith exclusive tese,f'or the urait owner.s and access to 4hose balconies is liaaited to
' the ianit owners and 4he invitees of the unit owncrs. Saltz has the right to prevent LPI frosn co~ing
on to her balcony to cvnstruct any part of the International lNing.
f. Paazgraph 4.2 of the IDeclaratioa givcs the Board of IVlanagers a right af access
to eaeh apaTUaaent unit aaid. aes appurtenane common elements only as ffiay be necessary for
"maintenasice, mpaiY or replacement of common elemcnts or foa the aaiakang of emergency
rcpa.i.rs."
Just yesterdFty, LPI represented that it vvould not reaiowe and ffebuild 1!/lrs. Saltz' balcony.
'Fhat has not yeY been cvnfirmed by LPI's and 1Mrs. Sa14z' architects.
Mareover, aaxespective of whether LPI reffioees and rebualds the Saltz balcony, LpX wi.l8
commit a trespass siffiply by the fact Ehat canstructian debris wall blow onto the Saltz properiy. We
fail to see hovv that can be av?oided Aiom canstraction of a structure mnly six inches away :6rom the
SaBta pzoperty.
JCCKK•5574•1
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TOwn CO1la1C11
lUday 7, 1 996
Page 3
2. The Iaatemational Wing will be built to within six inches of Sa1tz' unit. A nuisance
as that wfiich obstrucis the reasonable, com,f'ortable and peace#'ul use and enjoyment of oae's
property. Anything wbich materially lessens the enjoyment of property or the physical comfort of
persons ira fb.eir homes is a nuisance. 58 Am. Jur.2d, § fl, Nuisance. It gs simply a ana.tter of common
sense to undetstaad tha8 the Saltxes' enjoymeat of the use of Yheir unit, which they have owned since
1984, will be lesseaed and 'aaterfered with by a s4ructure that comes within six inches of the Saltz
condominium unit.
L,PI's Intemational Wing, as curreatly designed, wiolates Saltz' privaey and properey rights
aafld exceeds the Towm's a.aning ordinances. Mrs. Salfii has a claim for nuisanee due 4o this invasioa
of her privacy, the cxftffiely close proximity ofi the International VViag aad the noise and d'astupfion
from 4he eledagor sha$t, vents asid use of the hotel room and peaithouse decks. Anita Saltz bought
a faftla floor condominium. She did not buy a garden level apartment that comes within six inches
of an exterior wall or f.earace of an adjoaniaig bualding.
3. I.PI states ftt pursuant to the IJeclaration, Saltz cannot object to the International
Wing on the basis of the obstruction of her "casemcnt for laght and air_" Hovvever, this ciaes not
eliYniunate the Saltzes' claim of nuasance or trespass. F'urthermore, if LPl attempts to hold Saltz to
what vvas stated in the Deelaration at the time she bought her unit, then recxprocally, LFI should be
hcld to what they represented tts Saltz at the time she purchased her unit. At the Yime of purchase,
I,PI represer,ted that (a) it was unlikely thhat the International VVing vvvuld ever be built; but (b) if the
• international Vtling is builL it will be built as depicted in the model presented to the Saltzes.
Rlotably, the 1983 Internationml Wing rnodel and plans, approved by the Vail Planning and
Enviroauneatai Cammission ("PEC"} in October 1983 are ffiarkedly diffesent from the current plans
and drawisags fop the Internattional Wiaag. In 1983, as well as in 1993, the decks from the penchouse
stAiYe wrere planned to come 8elaw Salta' balcony. Currently, the plans ca11 for the penthouse deck
to eoffie six feet lugher than the floor of Saltz' balcony and unie. In other words, pursuant to the
curreng p?aras, Ana2a Saltz Will walk out onto her balcony, and withia six inches of her face, is a vvall
wit[i a plauter nn it, tree tunks aad then people partying an the decks just past the 4rees and shrubs.
4. By his letter dated January 17, 1996, Tavvre Planner, Andy Knudtsen, indicated his
concerning regarding some of these same points. In addition, A/!r. ICnudtsen wanted LPI to obtaiia
the consenft of the holders of the limited, common elements (5altz' with respect to her balcoray) and
the general common elements (ehe condoffiiuium assacialion) to the Internaiional Wing projeet. As
we understand 'flt, neither of these conditioais have been met.
JCFDCR-SS]al
~ MAY-07-1996 13:23 JCFKK P.,05/06
a
TOwYl COUflIClI ~
Ma3+ 7, 1996
Page 4 ,
5. "Tbe m4iovaale for the Tovvn's dcnsiYy arid bulk ordinances is underscored by the
Intematioaial Wing dcvelopmen4. A parcel of land can take just so much development. AIl of the
prablems the "Towm is curren8ly facing with the International Wing have flowed from L]PT's
erroneous logic regarding zane lot and parcel of land. In 1983, LPT obtained the Town's consent,
in a wvvr,itten contract, not to appIy its densi4y ordinance to block the Intemational Wing developmen4. ,
The Town's agreemen4 was based on LPI's definition of "pancel" and dctermanation of the size of
the "2one lot" on which the intexnationRl Wing is to be buelt. LPI is evrong with respect to both
definitions.
a. I,PI started tlus eaatire process in 1983 by defining the parcel of land as nol
including the south wing or north wing condoIIainiums - buildings built directly on t}iis parcel of
land. (I.PI also excluded the Y,adge Towcr, vrhich is also built on this parcel of land.) LPI based its
exclusion of the condogniniums on ihe contention that they are built on a parcel of air. IVo one,
anyvvhere, exccpt LPI, has eeer defined parcel in this manner. Indet;d, "the 1cga1 concept of land
aneludes aa indefinite exten4 upward, and includes everything fierrestrial, not only the ground or soil,
but everylhirtg whach is attached to the eaeth, whether nature, as trees, hertoage, and water, or a
. product of hiimaa manitfaeture, as houses and other buildiags. 1 Ani. Jur.2d Adjoinang Landowner
§fl, Va1. 58 p. $32. .
b. LPI contends that the south wing and nortli wiaig condominium units are not
ancluded in the densi4y count because they aze not built on the same "parcel" vn which the
° International Wing is to be built. If these condvminium unit.s were included in the density count,
then the L.odge already exceeds the applicable zoning for density. This excess density is only further
exacerbated by the Intemafianal ihTing. In addition, the drawings indicate that the International Wing
wi?1 con4ain many two-bedroom "suites," thereby a(lowing LPI to count each of these suites as only
one hoeet unit for the density count when, in fact, they are equivalen4, with respec4 to the expecied
nurnber of hotel guests (and the impacts and burdens imposed by additional people), to that of tbvo
hotel uatits.
c. In 1972, when LPI vvas irying to obtain approval for construciing the Lodge
Sotath T'ovver, Rnss I)awis represented to the Tovsn and county authorities tEiat the size of the
~ --applicabfle zvne lvt vvas 3.04 dcres, ihereby c:ontaining sufficieni land square fovtage to supparl the
densit3+ of the ]Lodge fovver. RTow tha2 LPI wants to build the International Wing, it claims that the
applicable sane lat is 2.089 acres flecause nf it were required to include in its density count the I.odge
"Tovver, the LocQge vnrould exceed the allowable densiYy many times over. ,e,gain, in 1991, L.g'I listed,
as an asset, the fuU 3.04 aere paarcel.
If.'FKIC-55741
. MAY-07-1996 13:23 3CFKK P.06i06
i
Town Council
Ma?y 7, 1996 Page 5
Sal9z aespecgilly requests this Town Council to require LPI to submit ats prvposai to the PEC
and begin the process nin a public are= the process to which a11 other developments are subjected.
It was possible fvr Salfiz to challenge the PEC's preliminary approdal in 1983 because she dici not
owm the unit at that time.
Vi/e appreciate youe tiffie and consideraation.
Very Fru1y yours,
IACOBS CHASE FRICK KLElN1COPF
& ICELI.iBY I,I.C
~
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Ann B_ Frick
)c.IEX-5S]4-1
TOTRL P.06
dd
e4
TOWN OF v~IL
75 South Frontage Road Office of the Towii Maiiager
Vail, Colorado 81657
970-479-2105/Fax 970-479-2157
MEMOPU1 r T DUM
TO: Vail Town Council
FR: Bob McLaurin
Town Manager
RE: Town Manager's Report
DT: May 3, 1996
Dowd Junction Bike Path
We have completed the negotiations with the contractor for completion of the second phase of
the Dowd Junction Bike Path. As you will recall, this phase includes constructing a 14' wide
platform for the path. B& B Construction will construct this phase, with pricing at
approximately $600,000. Phase III, which includes the pavement for the path, retaining walls,
and final construction details will be bid later this summer. It is anticipated this path will be
complete by October l, 1996.
1996 Communitv Survey
We are now in the final stages of wrapping up this year's community survey. We've had close to
1000 responses to date. This represents a 14% return rate. Nolan Rosall of RRC Associates in
Boulder will present a summary report of the survey findings at the June 4th Council work
session. Early findings show:
* A slight increase in the satisfaction with the current Council
* Overwhelming approval of the Main Vail Roundabout
* Significantly lower satisfaction rates for street maintenance (primarily the potholes at West
Vail)
* Overwhelming agreement of safety problems at the West Vail interchange
* Overwhelming support for facilitation of affordable housing within the TOV boundaries; less
support for participation in housing outside the TOV boundaries
* Top priorities this year are: affordable housing, economy, environment/open space
If you would like additional information between now and June 4th, please call Suzanne at 479-
2115.
RECYCLED PAPER
Bridge Street Drainage Project
Beginning on May 4, 1996, we will be installing a storm sewer on lower Bridge Street. The
work will begin at the north east corner of Bridge and Gore and will terminate at Gore Creek. B
& B Construction will perform this work. The contract amount is $30,000. This work will be
complete and the street repaved by Memorial Day.
Seibert Circle Project
As you may recall, the AIPP Board has been charged with developing the art piece to be located
in the center of the circle. In addition to the art work and streetscape (aesthetic) improvements,
drainage improvements are part of this project. Our latest cost estimates for this project are as
follows. Please note: all prices include design cost and contingency.
Seibert Circle Improvements $265,000
Drainage Work
(between Bridge Street Lodge & Curtin-Hill) $ 70,000
Circle/Art work/foundation
We have not yet estimated the cost of the center art piece, because AIPP has not yet decided what
should be there. This is due in part to the fact that AIPP does not know how much will be
funded by the Town and how much will need to be raised from outside contributors. Our
recommendation is to allocate $50,000, to be matched by similar contributions, toward the center
piece. Please let us know how you wish to proceed with this issue so we can advise AIPP.
Goals and Critical Ob,j,ectives
Since the Council Retreat, we have continued to work on the Council Goals and Critical
Strategies. These will be in a form for continued discussion in a couple of weeks. As you will
recall, these will form the foundation for the budget and the work program for the 1997/98 two
year budget.
Bike Paths
The in-town bike paths have been plowed and are now open. Do not expect the Vail Pass path to
be open before Memorial Day (at the earliest), since there is still a significant amount of snow up
there.
~
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TOWN OF VAdL
75 South Frontage Road Office of the Town Manager
Vail, Colorado 81657
970-479-2105/Fczx 970-479-2157
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLauriq~,
Town Manager ~
DATE: May 7, 1996
SUBJECT: Addendum to Town Manager's Report
CML Trainina I
On Saturday, May 11th, the Colorado Municipal League will sponsor a workshop for elected
officials. This training will be held at the Franciscan Events Center in Englewood. This session will
begin at 8:00 a.m. and will last until 4:00 p.m.
This workshop will provide newly elected officials with an opportunity to strengthen their
understanding of municipal government, learn how to become more effective leaders. If you have
not attended one of these sessions I would encourage you to do so. If you wish to attend let me
know todav so Anne can get you registered.
Horse Carriage Concession
As you are aware, last year the Town agreed to move in the direction of one carriage franchise for
the Village and Lionshead. Accordingly, we put together request for proposals and submitted it to
local concessionaires. We have currently.receive three proposals and we will be evaluating them
over the next week. Our intent is to award this contract to the most qualified concessionaire by
June 1, 1996.
Town Manager Vacation
I will be out of town on a brief vacation from May 16th and will be returning May 21st. In my
absence Pam Brandmeyer will be the Acting Town Manager. On Tuesday, May 21 st Pam will be
out of town as well, and Larry Grafel will be the Acting Town Manager for this period. I will back
in the office on Wednesday, May 22nd. Anne Wright will have a number where I can be reached
if you need to reach me during this time.
RWM/aw
-C:\Townmgr.add
RECYCLED PAPER
ee
e4
TOD'V' 1~Y Cll~lL
75 South Frontage Road
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
TO: Vail Town Council
FR: Art in Public Places
Nancy Sweeney, Coordinator
Kathy Langenwalter, Chair
RE: Seibert Circle Art Project Budget
DT: May 7, 1996
The Art in Public Places Board has been working with Todd Oppenheimer to define the
parameters for the Seibert Circle art project. Rather than place a piece of art in the center of
Seibert Circle, our goal is to create an engaging, interactive plaza incorporating art.
Therefore, we are seeking an artist and/or design team who will create an artistic concept as
well as provide art for the plaza. ,
The AIPP Board has tentatively set a budget of $150,000 for the Seibert Circle art project.
We determined this amount is adequate to attract the caliber of artist capable of producing
the quality of project worthy of Seibert Circle. The 1995 Budgetary Cost Estimate for Seibert Circle included $59,640 for a fountain,
$12,000 for a flagstone stage, and $5,750 for a stone planter. This money, totaling $77,390,
is allocated for the artistic component of Seibert Circle. Therefore, AIPP is requesting that
the Town maintain $75,000 in the Seibert Circle Budget to help fund the art project.
This $75,000 is one half of the total art project budget. By funding half the budget, the
Town will exhibit it's support of the project to potential contributors and a fund-raising drive
to match the Town's commitment can then be implemented.
RECYCLEDPAPER ,
~ FEB LTARY 1996
,s VAIL BLJS ES S
~OWN oF vAIL REVIEW
April 30, 1996
Tllis edition of the `/ail Business Iteview examines February sales tax collections for monthly
filers.
Overall February sales tax increased 9.4% with Retail increasing 9.9%, I.odging increased
10.0%, Food and Beverage increased 11.1°lo and Other (which includes items such as utilities, taxabie
services i.e. plumbing, electrical and rentals or leases) decreased .2%.
Some events that took place in February were VH 1's Lift Ticket to Ride, Jimmie I-Ieuga's
Toyota Ski Express and the American Pro Snowboard event. Showtime and 1VITV had large groups in
town also.
Please remember when reading the Vai! Business Review that it is produced from sales tax
collections, as opposed to actual gross sales.
To date our records indicate that five new business licenses (one food & beverage, one
professional, one real estate and two retail) were issued in February and three (one service, one retail
and one real estate) licenses were closed .
lf you have any questions or comments please feel free to call me at (970)-479-2125 or Steve
Tliompson at (970) 479-2116.
Sincerely,
~
Sally L,orton
Sales Tax Administrator
FEBRUARY. SALES TAX °
I/AlL V/LLAGE
FEBRUARY FEBRUARY FEBRUARY
1995 1996 %
Collectioros Collections Chan e
;o
Retail 341;,191
,
0;-~~;:;;,;<;;
, .
5 6 :
.
L
od9in
:
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2
9
.
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Food & ~
Beverage 255;2'T5: 2~32;720 10~'0
,
. : :
her
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ota
03$2J:` -;;:::~:o::`
''966 27.
y ,.1-
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FEBRUARV FEBRUARY FEBRUARY
1995 1996 %
Collections Collections Chan e
etail
R
5
i. . ":~~o`
. .
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.
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.
Lodging ~ 95,78~
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ood
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era9e
69 4~ 1.. : . . . 7fi 460 .
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94,5.
•
~ FEBRUAlq Y SA L ES TAX
CASCi4DE 1/ILLi4GE/Ei4ST Vi4/L/SAIVDST°ONLe/VI/EST 1/AlL
FEBRUARY FEBRuARY FEBRuARY
1995 1996 %
Coolectaons Collections Chan e
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Tota0 :3,54,42-1
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FEBRUARY FEBRUARY FEBRIJARY
1995 1996 %
Collections Collections Chan e
.
.
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F-E-BRUARY.SALES TAX TOTAL
FEBRUARY FEBRUARY FEBRUARY
1995 1996 % Collections Collections Chan e
ti
. . :
Retail ; 599,255
k
,
Lodging ~f0.0W
Food &
Beverage ~ =367,530 -40~,1:54, 11,1'~0
Other ` ` ' ~I3y,361 131 y0fi2
Total ; ' 1 g~01,21 8 ; 24 ~9.~~0
4
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P
~~IL SUMMARY
FEBRUARX FEBRUARY FEBRUARY
1995 1996 %
. COLLECTIONS COLLECTIONS CHANGE
FOOD 95,394 106,979 12.1%
_ LIQUOR 20,163 23,116 14.6%
APPAREL 117,346 118,096 .6%
SPORT 232,643 258,824 11.3%
JEVVELRY 27,896 28,232 1.2%
CiIFT 26,950 29,181 8.3%
GALLERY 5,872 4,230 -28.0%
OTHE.R 72,819 89,973 23.6%
HOME 272 43 -84.2%
' OCCiJPATION
TOTAll. 599,355 658,674 9.9%
?
Town of Vanll 75 South Frontage Road
Vail, Colorado 81657
APR 24 '96 02:50PM CITY OF ASPEN , P.2i3
CcAorado -Association
of Skol Towns
~ORANDUM
TOo s~~ Mected Offidals
DATEo Aplcng 24,1996
REo 96-n358 - Am&xatiQ9n
The Colorado Association of 9id Townsl urgT you 4o oppose House BM 96-1358.
Chm salcmber antaniLCipalities are most soncerned about gtt,e &imitation which HH 96-1358 would
aanpose on ahe enforceabiRty of agxeemeats relating to ft extra-territoriaa ext,ension of watex
servacc and the coacomitant agreement by 4he area to be served to annpc to the municipality
wben elagible to do so. Mranicipalities cuixendy havc no llegal obligation to serve customers
mutside thek municipal bouaedaries. Many municipalities have agreed to do so in the past with
the expgess understandnng that the area to bc served vvould annex 4o the anunicapallity whea
el'agible to da so and when the M' inicipality determinerl tbat it ~ an the best interests of ats
citizcns_ Often ~cxation is not hnically possible as ~ area served is not oondguous ~the
anunicapal bound~es at the ~e aatility sererice is provided. Agreememts to anneac in the
ffiatuze havc traditionally been us to cnsure that the areas will be annexed when eligible to do
~ so. VVhe,aa unincorpogated armemams g ive gnunicupai utility services i@ is only faig that they be
Kequired to annm to the municiPalitY grovading the munidpal scrvices and become part of tb?e
tax base ghat helps support ghe smvices. By linuiting the enfozcement of suc& agreements to five
years, the Bi11 would providc a definite d'asincentiv'e for rnusucipaities to extend municipafl
sea,vac,es to areas not paessently e11igible for annexati.on. In addition, municipalities.will be _
placei unde,r artif ciall pressure to annex areal before the fbve year period expires.
I
Another area of coeecern is Bhe prDposed proeisian of House BiIY 96-135$ that purparts to hmag
ehe types o£ encl]aves Yhat may be uttilaeeally be annexed by a a»unicipality. The ability of a
municipali¢y to anneu encla,~es is good public policy aaud should not be attered. Having an
~
I
1The Coloaado AssosisBaon off Sid Towns (CAST) ss am orgsaizRtiom of 21 muaiciplities whoee eaamomy as
krrly dependmi upon kauism and sld"ang. The Associatiam was formed m pate ia secopaa.tion thae tourisn and
sla eeavice comanaaities fiice uiique cbOallenges in px+oviding mumicipaI sexvicca to a+esideats and visitors sL'ke.
Wlule cea¢sia? memler communieies gely exclusavely upon tourisrn eud sldmg, otbma bave broadly uaeei
eronamies wath miuing, a8aacallha4e, and other ofluenoes eharing the e.cononnic base.
A9EfN8ER MUNlCrPe9L171ES
A~pen o.~ don o Blue Rhn9r O Breckenridge
Ciesied Sune o Oi11an o tlrrango o Freser a Friscv a Glenwrood Sprin9s a Grand Junction
Grand d.eEre o Gunnisen o A9t Crested BuMe a lvedertana a Silveithome a Snowrrtass Village o Stoaambaar Sp.ings o Telluride a dall o Winter Pard
I
APR 24 02:51PM CITY OF ASPEN P.3i3
incorparated area within a municipality's boundaries can lead bo needless administrative
problems for both cities and counaes.
For 2a1, of these rea.sons, CAST respectfully urges you to oppose Seaate Bill 96-69 or any other
similar legislatian which might be i.ntroduces in the General Assembly.
~ I
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~
. '
,
i ,
I
I
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kEc-~~~~~ ~ ~ 1993,
C '
Office of the - Eagle County 13uilding
County Attorney 500 13roadway
(970) 328-8685 P.O. Qox 850
Fax: (970) 328-5219 Eagle, Colorado 81631
EAGLE COU1V ll Yr...COWORADO ~V V
V
April 22, 1996
Mayor
Town of Vail
75 S. Frontage Road West "
Vail, CO 81658
Re: Emergency Telephone Service Authority
The Board asked me to distribute its new Budget Policy,
adopted at its last meeting. The Board believes this new policy
will help it and the agencies it supports in their respective
planning.
A feature of the new policy is that the Board will consider
requests for financial assistance only once yearly, with
applications due in April. Because that has not previously been
the case, the Board will accept applications for assistance for
both the balance of 1996 and for 1997 through May.
If you have any questioixs, please call me or a Board member.
•Sin erely,
i ,
RWL/nl Robert W. Loeffle
Enclosure ~
xc: Emergency Telephone Service Authority s~
Captain Fred Bitterman
Tom Collins
1\budget.pol
a
. o EMERGENCY T'ELEPHOIVE SERVICE ALJTHORITY
BIJDGE'T POL,ICY
1. Board will prepare an annual budget for a calendar year. '
a. Goals
i. Encourage & adopt long-term planning
ii. Accumulate reserves for future capital needs iii. Fiscal responsibility
iv. Consider financial assistance requests only once yearly
(a) Eliminate piecemeal assistance submittals
(b) Support Agencies' planning and budgeting processes
b. All applications to the Board for assistance during a calendar year are due by April
of the preceding year
c. All applications for assistance during a calendar year will be presented to the ,
Board by June of the preceding year
d. The Board will adopt its Budget by August each year
2. Budget will be based on:
a. Estimate of year's revenues from telephone surcharge
b. Flus estimate of unallocated reserve from prior year(s) in excess of $200,000
c. Less 1.5 times the estimate of year's expenses for
i. Recurring telephone charges by service supplier
ii. I)atabase management expenses
iii. Other administrative expenses \budget 911 1
d. Less allocated reserve contribution
e. Balance is available for financing unallocated reserves; equipment purchase,
maintenance and installation; and personnel
f. An unallocated reserve will be available for unforeseeable expenditures and variations in budgeted income and expenses; after an unallocated reserve of
$200,000 has accumulated, no further annual unallocated reserve will be set aside
4. Applications for assistance:
a. F'or appiications for equipment, describe
~ i. Purposes associated with 911 system and not associated with 911 system
ii. Alternative sources of funding
iii. Estimated usage for 911 system and for other purposes
iv. Compatibility/performance as a part of an existing system
v. Compatibility with anticipated system modifications
vi. Estimated useful life '
vii. Applicant's budget for like equipment
viii. Cost, wananty, estimated maintenance
ix. Bidding or other means of identifying source
X. Applicant's contribution
xi. Applicant's maintenance, etc., support
b. For applications for personnel, describe
i. Agency personnel budget
H. Breakdown of Agency time devoted to 911 operations and to other
operations
\budget 911 2
iii. Alternative sources of funding
iv. Position's 911 and other functions
v. Position's time allocated to 911 and other functions
vi. Personnel cost (direct & indirect) for position
v. Applicant's contribution for position
vi. Applicant's support for subsequent years
c. ()rdinarily, support for equipment and personnel costs will be committed to on
annual basis or subject to subsequent year budget appropriation
\budget 911 3
, `s •
6. Example of Budget Frocess: 1996 (est) Budget
a. Income at $14,000/month $168,000
LIS VFlest $9-10,000
P'TI 4,000 b. Plus excess unallocated reserve .
Current reserve $372,000
I,ess reserve min. 200,000
L,ess c?.rryover
allocation 20,000 152,000
c. Service charges & database maint & other expenses
LTS West $3300 J &K 500
Admin exp 200
1.5 x estimated expense (72,000)
d. Equipment assistance budget (~~xx)
e. Personnel assistance budget (xoooQC)
f Contribution to la located reserve
\budget 911 4
. ~ X C
. Town of vail
Sales Tau Es4lmaYlon Vllorkshes4 ~
aiasiss
'G Change % Change
tWs euaget trom Irom
Aflonth 190 1986 1887 1888 1999 1990 1991 1691 1993 1994 1m Budget Estlmate Varlsnce 1m Budge!
.
: . : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i::.iii.ii
January 881,304 890,585 1,063,196 1,126,436 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,891,738 1,931,907 40,169 1.97% 2.121/.
February 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 1,816,107 1,813,365 1,988,681 175,316 9.50% 9.67%
ARarch 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 2,139,298 2,136,070 2,221,277 85,207 3.831/. 3.990/
TOTAL 2,986,978 3,153,789 3,577,764 3,923,302 4,966,914 5,192,691 5,502,254 5,468,217 5,672,220 5,870,858 5,850,002 5,841,173 6,141,865 300,692 4.990/6 5.151
.
. . .
......................1....:
.
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..........,::.y~:.........,....~:::...........,::.:
.
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.
d rll 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 789,890
iVia 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 324,179
June 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 589,783
July 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 892,126
August 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 865,808
Se tember 340,102 374,060 442,402 422,502 469,032 482,328 491,684 ~ 485,954 560,535 725,205 645,902 645,195
Ociober 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 460,170
. Rlovember 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 608,123
December 305,955 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 1,394,540 1,990,566
>:j:.::::.»::.:.y:~::o:~>;:.:::•>:~;:~::~:::::::.;::::;:;::~::~i;::::i:::i:5: :
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Yo4al 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 13,030,448 13,007,013 6,141,865 300,692 -52.879'0 -52.78%
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Dear Friend of
Colorado Mountain CoUege:
:Q o
In fhis a,ee of srarce resources. '
Co(orado Mounmiw Co!(ege has
found maya to befter serz-e onr stu-
~ t dents and rommwiilies fhrouqh
parfnerships vifh the K-12 srhool,
dtstricfs and eol(eges in nnr region.
~ `1thin This issue oJlnterAclion is fil(ed mith
h~ eramples oJhow 6y sharing resources u,e are bef-
ter able to aehieue our goa(s.
The College has joetr goa(s to help us arhieve our mission of
"Leading through I.earning." The jirst goal is access ro sucress.
/n lhis nemslefter vre ha:re descri6ed a number of &12 partner-
ships that help us achieve fhat objective.
We have parlnered wifh our school dis
Mitts jor dismnre learniug axd me will
soon be connected to one miother wifh
iufemcfine videa instructioii. Togefher, we have, created a youth
leadership camp fo help voung people dexwlop Ute (eadership ski//s
thel' need to 6e a posifive force in their communities. We are iuork- ~
ittg wifh our schaol disfrirts fo help loral adnlts and young peop(e 'return and compfete hiqh school ajter droppirrg onl.
A number oJ partnerships assist our sfudents in fidfi(liug Ihr
College's second goa! • ojjeriug degrees mid certiJicates. Alang
with our local schoo/ disfritts in fhe Mountain BOCFS, ure are -
preparing our yonng people fiir a global nmrketplace. Onr strong
rontiertions to &12 enable us ro ojjer "Finnncia! Aid Niqhts" at
our high srhoaLs. These "Nights" are offered fo a(1 college bound
sMdents to help them lhrough !he intricate gmnt and (naii applita. .
tion process. Our s7rong re/ationships with W'estern State CoIIe,Qe
and other four Vear srhools iu Colorado ore making rl easier j o r C O N N E C T I N G OU R C O M M U N I T I E S
CMCgraduates to enro/1 in fhe four•year complemenil to our tvo- ~ii iiie iili~.i~iiiiiig ~.e:u Colnradu \luuntain Cullr;c %rill pr~~-
year commnnity college programs. i ide C\IC Disu ici residents mure acce.+s w succrss through
To assisf us wifh reaching orcr third goal, fhat oJlije latg
learninp. we hane parbtered with urork force fmintug agencies in distance learuine; b%linking wgether high schouls in Eaglr-l:1il.
the cenfml Roekl' Mountains. Together eue provide our communr- Glemcuod Springs. P:uathwe,
ties wifh jo6 p(aeement, rareer planninq, and vocatioreat reha6i/ita- Rille. titramboat tiprings aud , A B
tion services. Friscu iu uur inicraaix-i• cidcu
The jourth goa( aJthe College, that oJserving our diirerse com- }y:}~eni. (:oIlege classe+. waining, semiuar.,. anrl teacher decclult-
munifies, is also bei»q served and slrer~qthened through parhier- menl courseti firom anoss thc cullege di.u'ici ivill bc :icailablr « o
ships. The Co/lege is uarking mith Metropolitan Stale College of
studenis and ie;~chcrs ~'i;i lici• iweractin~ ~ideu.
Denver and local school districfs to prepare teacher nides m be
bilingual teachers. We uwrk mifh social service agencies and fhe Thi• high .dioul nemork i, madc possible in p:urt bc a (rch-
K-12 disfricf to ofler parents and their Jamilies the opporhurih' )o nulqp- {;r:ml frnm ihe Public l;[ilitirs Cummi»iun. Coloradu
sfud%, fhe Ettg(ish lan,quage and American cedtnre fo,Gefhec Muunt:iin Culleg~c :md Ri,gi. Gniversiiv :u'i• :J.u planning
Throngh oeir ArneriCorps program uie are partners wifh social ser tracher certil icaiiun pruqr;nus that %cill bi• delicrred dirrctli- lo
vice ageneies fo assist families and 1'onfh at-risk and their Jami/ies. educ:uors tcithutu dhe cusll%' exPeuac uf tfaa~l.
6n fhe fufure, u~e wi!/ rontniue to esfa6/ish parfnerships fhal ~
provide aetess to success aud arcomplish onr mission oJLeadiqq throuqh l,earning.
. . . . . . . . , ,:e
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PREPARING YOUTH FOR
THE GLOBAL MARKETPLACE
Culuradu \lountain Cullegc :md \~esiern tilalc Cullr4e arc
;
p:lruncrin~ %.it4i Iot:il busincssrs and ihc sciinul disu'ia.
represrnird by ~hr \luuntain :md Xorih~rrs~ Buards ul'
. Cooperatice Educuional Serxicr. (ROCES) iu acaie :i I+Jti - fi•,
Schuul-ur%1'or{; educatiun s%'steni. Our Schuul-(o-\1'oik .etiiem
Icill en:lble studrnts lu m;ikc :i seamless prugres+ion tiom high
schuul to mllegc tu emploYmern. Vur pariners inrlude ihr
schoul dicuic(s in Aspen. Buena Visci. EagIe. ' 1
Fairplavt }risru. Glenau~id Springs. (:ranbN.
Havdcn. Oak Crrek. Kremliqq. Leadcillc.
Yarachiue. Rific. Satid:i. Sieambuai Springs and \Valden.
lic Fa11 1996. we will design a sestem uo identiti the hiLh ~
vrakc/high skills jobs in our region and align schuul and collegc
' cun'icuhun with the requirements to en[cr and adrancr in these '
- poxitiun+. Uciermining thr s{;ills. knowleclgr. aniiudes and
' habiis cmpluvers rxpca liom studen[s will br essential elements .f ~
uf ahc svsicm. :\cadcuiic stand:irds. based upun thesc job speci-
Cications %cill be cuordinated between eacli educativn provider
tu pruride studrnts %citli a cuntinual F-16 care•er trackLt;Swdem
por116lios irill match le:irning uutcumes with emplorerr especia-
t iuns. 01l
'
Through ihis initiative, emplrners :ind education providers ?
will work tu};ether to generaee carrrr aw:u'eness proRrams.
internships, mentorships and guidance programs ch:u help siu-
dents make the vansition from school to emplnemrnt.
In January, Lieutenant Governrn Gail Schneider reco4nized D E V E L O P I N G Z' O U T H L E A D E R S H 1 P
tlie infrastrunure t6e 5alida Sclioul Uisiria and Coloradu ulut:idu \lournain Culicge and school districis in ncel~e uf
\luuntain Collrge liad:dreadc established Cor a SchouLto-\Cnrk ~omcunuuuniiie+ Icne liirged azras, roo[s eff ni to lio}t :i
iniiiame thraugh the decelopmem ol a staiewide "Tech Yrep \owh leadership r.mip tir its secund sununer. The I`ir.t :1xem
Instiuniunal Rrform \fudel." Schuettlrr. cit- for luuth Leadrrship Camp benrfiu cIudenis who ncic be gcr
~ ing Salid:i s.ision and the "Tech Prepi' pno- ting losi "in thr shidfle.. %et h:nr ihe potenti:il iu bc high
Lram succesxe,. made it thc f'irst of our coin- achiecers. Surrowided br tbe be:iuty of oin' Timberlinr
mimiiies to receice funds (SI00.0011) tu implement thc tichuul- Campus in Leadvillr. r.unp p:lnicipanes engage in uwdunr
o « r\\ink scstem in iu schools. Sa{id:i s program creatrs paihx aaicitirs :uid academic'pursuiis designed ro decelop icam-builrl-
tin' studems considerint; careers in Engineering/ludusu'ial. ing, leadershii> and oiher cummunic:uiun skilis. The aini ul 1lic
Health/Human Serrices. Business Infi>rmaiiun ti\:siems ur cami> is to rlrc:uc thr .clf e.irem od e:unp p:niicipani, su ih:n
Arts/Hitmanitie.. Smdems m.v ptn'cue amof ihrse career thec remained en};:t1'ed in tlicir rduc:uion and rralize thrir
nptiuns ti-om kinderkarten thuugh the senior ecar uf culleyc. }wteutial.
\1'c hane created anicul:uiun agrremems i+iih the tialida sclioul
disn'ict aud \A~'estern State Culiet;e thai will enable suidents w
' progrrss from ihe hitih sdhool io the cullege Iecrl nf a carrer
~ path iu emplrn mcnt.
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RECEVYED APR 2 ~ ~91%
.'THE I,ODGE AT CORDILLERA J , ~ p
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April 24, 1996 ,
• Dear Cor.dillera Patron: a ~ .
Thou~;h April showers may typically bring May flower°s, `spring has brouglit some of the nicest weatlier to ~
dalc to Cordillera. To cqmpliment nature's beauty, The Lodge and Spa.at Cordillera has planned .
numcrous aciivitics that will make your spring visit a memorable onc.
.
-~To begin, May and June welcome tl~e "To DiesFor MVstery Troupe°" for rivo special murder mystery
•weekends. May' 17 and 18, 1996 oifers 'lhe Ciarse of the Golden Pasture Patty and June 7 and 8, 1996
hosts ll?e A~Ivstery Channel-Nlyslery. Each weekend includes two myste.rytheme-oriented dinriers at . ~ Restauran[ Picasso,and Deluxe Level accommodations•at a per couple package rate. For those guests -who .
arc interested in dinr.er or.lv, a per couple package rate is available lor the dinners of\either murdcr '
\mysleryweekend. Chcf Fabrice assures that-his dinner selections will please even the,most troublcd
cicteclives. Please,refer to the enclosed card i'or further ini'ormation on this unique L odge experience.
' The month of May also presents the Restaurant Picasso Renais"sance. Beginnii:g April 27, 1996,
Restaurant Picasso will unveil the newly renovaicd Picasso Room. To celebrate the enhanced ambiance, ,
Chef Fabrice plans to treat Renaissance giiests to an extended scheaule of Vall'ey Resident Entrees, ,
Mouday through Thursday Por $13.99. These specials willoonly be offered up until the Grand Renaissance G[7ee%encl June 13-1 G, 1996`. We wclcome your visit to Restaurant Picasso as the Renaissance ezcitement •
builds Uiroughout the spririg.
The Sp1 at Cordillera also celebrZtes spring as it hosts its Spring Open House from 3:00 to 5:30 p.m.,._
Monday, May 20, 1996. Cordillera Spa technic.iares will be availaUke tliroughout the aftcrnoon to lead
individualized tours of The Spa and newly>redecorated Salon, as well as address any questions on ° Cordillera Spa services, products and new VVellness programs:\ Finally, a bcauty representative from the ,
-renowned skin care line, Sothy's of Paris, -will be on hand to offer f icial care and makeup tips. Join with
friends for this Open House to enjoy wine and cheese, or else, biing your lycra for a complimentary. ,
arternoon in the Wellness Center. Register for numerous Spa and Salon prize giveaways!
o` .
Events in May cul'minatc witli„ the bcginning of the 1996 golf scason ai The Club at Cordillera. Thursday,
May 23, 1996, the Timbcr Hearth Grille embraces the,1996 golf season serving dinner each evening
~ Wediicsday througii Sunday; lunc}i daily in the restaurant and the snack shop and limited breakfast daily ~ -
` in the snack~shop. Additionally, llic"laward-winning lvfountain Course, designed by Hale Irwin opcns for
the third season of play on I'riday, May 24, 1996.
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~ Cordillera is obviously afliitter Nvith new spring developments. For more information and reservations, '
picase contact ReSeryations Ivlanager, Jeniiifer Nlore?la at (800) 87 RELAX. We look forward to your '
~ o ncxt visit and hope that you will be qas impressed with our improvements and activities as all of us. ;
Warmest.regard5,
Q .
. , ~ . . , . P.O. Bar 1110
~ " ~ , % I • ~ ' . .
< • ' , . ' ~ 2205 Cordillera Way .
, W. ary Brent Jr. ~ ~
Vice President and General Manager Ediuards, Colorndo 81632 ~
970-926-2200 / 800-877-3529
enclosure
Fax 970-926-2486
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The Lodge aIl71~~ Spa at
~ `1 ~ ' .
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~ULLER~j
. and the
a ~
' o ~7l'o Die 7For 1~ys~ery Troupe
~ .
~ ~ r \ r
q present tw~o sp,ecial
_ murder mystery weekends - ,
M~~ ~ 18 A-II1d Jblll[ll~ 7 & 8
/ \ .
1 During the course of the weekend, you
will witness r`omance, fear and loathing.
All presented\within the framework of ,
The Lodge and Spa at~ Cordillera. Actors
, will incorporate you and your friends into ` a masterfully planned plot which unfolds
l
throughout your visit.,As a detective,
can yot,f guess 'who dun it'?
During your evening~filled with intrigue~
~ enjoy dinner at RestaurantllPicasso then retreat to Deluxe Level accommodations or° ,
` 'relax in our award-winning Spa.
. • ,
These weekends provide the perfect brealc
. from the everyday! ~ + c
, See Reverse, for Details...
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- Friday Saturday, I!h[ay~1~ 1~~, 1996 ' -
r\ 7'he ~~~~se of th'~ ~olden Y~asture Patty
' Set at the Golden Pasture Patty Country Music Awards„ ~
, ~Ceremony, the opening event of the weekend~encourages .
~ f participants to d"ress up as their fa'vorite or fictitious r~~
_ country music;star. Eveiyone who walks in tHe door
receives a ;different name and~identity.'They•have
' cocktails and then the detective puts ,people into
l. '•~gr`oups, establishes the rules arid alerts'eve'ryone to
, ~ suspicious behavior. Let the sleuthing~~begin!
, ~ , ~
~ Includes: two~nights lodging in`Deluxe Level I
~ , ` ~ccommodations~and dinner each ev~enirig , ~ ; {
at Restaurant Picasso. ' `
, ~ . , , t~ ~ , , . $499~ , ' ~
, ~ per couple, based on ciouble occupancy,
~•e~clusive of beverages, tax and gratuities
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i . ~ ~ ~riciay & Safurciay, ~.uxie 7 & 1996 ~
~ , ~ ` ~ ~ ,
~ ~ . l~yst~ry ~harcnel \Mystery~ ~ T ~ . -
Based on~ the set,of a majo'r movie production, ,this
weekend's plot unraveis~Hollywood conspiracy. Be,yond,~,
~ the glitz and the glamour; the detective sets the real life
~ ~ scene. Beauty queen or ~murder'ess!
. ~(c' . .
~ Includes,: two nights ,peak season lodging in j~~
Deluxe Level.accommodations and diriner each
; ~ ~ ~ ~evening~in'Restaurant~Picasso. ` ~
: ~ ~ ~ ' ~ ; $680, ` ~ r ~ - ~i
- per,couple, based on:double occupancy;
~ ; ~exclusive of be~erages,~taxiand~gratuities. ` ~ , ~
. 1`he Lod~ge and Spa at Cordillera welcomes ~gue~sts ti
~ ~ to participate in~dinner only on both Friday~and ~
f Saturclay-nights of either jurder m~yst lry weekend.
~ ~ ~ ~ ~ - ~220, L ° y " • ~
per couple, exclusivelof beverages, tax and gratuities.
1 ) ~ ' . ~
• For informatiori and reservations, please contact ,
Reservations Max~ager; Jennife'r Morella, a't ~
,(SQO).87 RELAX or (970)~926-2200, ext. 181. ~ ~ ~
3 > . S . - ~ t
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:
EAGLE @~~LLEY FAI1AILlf CENTER MEETBNG
. Apefi0 9. 1996
Edwards Aenbulance Dastric4
3.30 PM
Meeting conducted by Kay Look.
Cailed to or¢ier aboad4 3e40 PM
Chose to do sharing first. Holly began with materials for group: Newsletter on parent and
child care provider trainings and Whag to do When Phe Ailoney Runs OuP, a video tape and
program on finding funding. Also passed out member sign in sheet.
Rosas Moveno - April 22 - How to Become aLicensed Child Care Piovider - Discussion for
interested persons on be6ng a provider. RosBe, Kay, Holly and Tsu will get together to
discuss ofifering child care provider training. Sent around a flyer on grants availabls #rom
mental health and mini-grants. Ka2hBeen Forunash - Kim A. and Kathlsen working on the juvenile justice subcommittee -
vvant to try to qualify for $3000 grant to do mediation $raining. Social Services wants to
offer staffing support to reinstate the mediation program. dVorking cooperatively with
WNiC to offer Cultural Diversity Training with funding from CRPP. Adolescent Health
Care Task Force (previously knowm a,s teen pregnancy task force) meets April 17 at 4 pm,
Senior Center in Eagle. Working writh the Chilci Care Task force to set up meetings about
rules - trying to get the state to scheciule a rneeting here.
Kay Look - LIFE (Learning is for Everybody) Program -a family education program has
begun. Trying again for an Evenstart grant. EXCEL Program is being evaluated again -
may do dififerently -kids have more needs novv - day treatment may become a part of the
program - connect vvith Social Services. Forming a m\community group to look at
Alternative High School programs. sharing about the value of AIternative High School
programs.
Laaar6e fiUiacgav6sh -'Tsu, Tammy and Laurie to Colorado Trust grant training in denver
tommorrodv. Tvvo schools interested in Taen Court BiVIHS and the Charter School -
other schools close behind. Will be working on awareness tivith parents. Funds are
available need to access the money. First companent af Tesn Cetirt iS pa!8!+t S¢udent.
Program will be kept to in school infractions. Planning meetings to talk to Pl'A.
Toavu Doerk - T'hirty applications for first Habitat for Humanity house - narrowed dowrn to
eight - picking 1 by end of month. The role of the VV Foundation in relation to the early to
Early Learning Center has changed. PJovv vvill lend fundeng expertise to the project.
Kathleen mentioned the child care needs assessment being done by a consultant. She
requested that 2he results of the survey be shared. Tom mentioned on behalf of Mountain
Hospice the training being done this weekend.
Ry Soa~~hard - VVent to Canada in FebUUary 4o represent E\/FC. !lVell-received - summary
paper vvill be available. Going to Washington D.C. to da more next dveek. Ry requested
9
FAMCENTMT(i.4/8
an update on the CARES/CALLS praject. Working with a women who is a fellow with the
Kellog Foundation. Ry is looking down the road to continued associations and the
development of future funding sources. Thanks extended to Ry for continuing his
association with Coop Bank. the United way organization is progressing. Discussion of
discrimination based on religion. Asked that such discrimination not take place.
Jim Himmes - Teams course in Malait Park will be open in middle to early May. Individuals
wha want to become facilitators comtact Jim - need to bring several groups through a
year. June 22 is Earthfest weekend in Vail - Alpine Gardens . Contact Tom Gaylord at the
Town of Vail.
Kim Andree - the first interpreters class held tonight - 32 applicants - a variety of
languages. All officers will be going through Spanish Class. Aspen would like tb have a
similar program. Working on mediation program. TSU moved that the EVFC endorse an
application for funding for mediation training and services done jointly by ECSO, Social
Services and Colorado West. Motion carried. KT Gazunis - Eagle Care Clinic fundraising campaign begins June 1- Media is rnid-may.
Hospital is looking for funding to hire a bi-lingual admissions person - looking for a
translator rather than clerical skills. KT suggested that we all learn the language. Also
suggested that we promote a program that encourages Latinos to become
paraprofessionals. WMC is doing a redesign to protect and shore up the local health care provider. Also noted that National Volunteer week is April 21-27. Kay agreed to do .
follow-up PSA. KT is participating in a Not For Profit Marketing strategies program
sponsored by Region 10, Western State and COG.
Jerry Millsaps - Vail Valley Cares helped ovec 700 people last year. Has become an
example for surrounding counties. 7he Thifty Shoppe has generated over $5000 to pay
back into the community. May take om the shop in Glenwood.
Tsu Wolin-Brown - Looking for letters mf support for the Colorado Preschool project.
Recruiting children for Headstart and CPP - should be 4 by Sept. 1. EV Family
Assistance Fund and Echo Ranch -.lune 10 - Singletree Golf Tournament. Need sponsors
and golfers. EV Family Assistance Fund looking for referrals for low interest loans
Request that Tona D. send loan information to clients turned down for Habitat for
Humanity. Joanne Mattio - Echo Ranch is beginning parenting class. Kim is trying to offer parenting
classes to inmates for good behavior.
Colleen Gray - Have 15 middle school students in study friends. Needs Literacy
volunteers. Had a fundraiser done by.Curtain Hill on Bridge Street and one planned by
ALfalfa's. Appreciates afl the local r.ommunity support.
• Carody Hodgkins Colorado West is laoking for Eagle Office space. Needs support at town
2 .
FAMCER9TMT63.419
council meeting -7 PM - April 23 in person or by letter. Looking foP at least 1500 square
feeY. Celsbration og 4he Family - June a- Noon Yo 4- Eagle Vail Pavilion.
F6nal Sgaaff ° !nlill bring the minutes of the last meeYing $0 2he next meeting.
" Laurie reminded everyone about the CRPP meeting -April 23.
° Cherie doing a resource directory on the computer for Fiosie and TSU - vvill make
available to all. -
" Kim asked that any organizatian inYerested in a computer make a proposal to the
Sheriff's Office. They are getking nedv ones and have several adailable.
" Brief discussions of phone line - committee planned a meeting to come vvith a
proposal; that the El1FC needs to learn about financial responsibilities - Rosie needs to an employee of EVFC by June 1; discussion of sharing a position vvith the
Resource Center.
Meeting adjourned about 5:15
Ne$tt mee8ing flr1ay 14, Edwards Aenbae/ance DBsBdct.
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Eagle Valley F=amily Center Agenda
Tuesday, May 14, 1JJ6
Edwards Ambularvice District Building
3:30 PM - 5:00 PM
'I. Board Report
2. Resource and Referral Update
3, Agency Sharing
4. New Business
5. Other
For your calendar - Upcoming Meetings -
~ame Ginnek,= :~erne.,loretic~ri
June 'I'i
July 9
Eagle Valley Famity Genter
P.O. Box 3098
Avon, CO 81620
ALBERTGo WHlTE
EoX 577
Edwards, co 81532 Tuesday
w/
Telephone: (970) 926•2108 ~
4/16/96 Z .
Dear Susan,
You may remember that we had a conversation in my van when I
drove you to Denver for C.M.E. some time back. I mentioned your
name to Tom Steinberg the other day and he was very
complimentary. I thought you would like to know you have some
admirers. As I write my novels about the present and future, when
I'm not on the road, I k2ep my eyes and ears open for anything I
believe is significant. And i found the ongoing.discussion of
Vail's 'mid-life crisis' to fit even if it is old news for some
of us.
In our discussion, I mentioned the need to establish a
regional planning authority and feel it increasingly important to
pursue that. The increasing move down-valley by permanent
residents, while falling outside the parameters of Town Planning,
is an undeniable part of the fabric of The Vail Community. The
problem becomes acute when so much, if not all, of the
down-valley development is singularly under the control of the
county. The control by neighborhoods under their covenants does
not take into account the accumulating impacts on the regions and
the enormity of the development. is more than the county can
handle.
When we established the arowth management committee some
time back the consensus arrived at only partial solutions amidst
the disclaimer that there was a problem. But, of course, there is
- a problem, one that is increasi.ng in intensity not just for the
I
~
lccals but, as importantly, for our guests.
i think we should start by trying to define what that
probl2m is. The 'Freemen' ;_n Montana are the extreme oi what we
are seeing here, not that we will have an armed insurrection,
only a snarling -"not in my backyard, not with my money" -
backlash. Witness the Commons protest Gnd John Glenn protestinq
employee housing.
I am criticized for wanting.to preserve the original Vail
Dream by those who are detErmined to preserve their own monetary
and personal programs. Somehow our community, stretching as it
does for thirty miles, has become disconnected not only from each
other but from any semblanc:e of a unified plan. What are cae
seeking to become and/or preserve? An insecurity and confused
apprehension that something has gone basically wrong has mutated
by stages into free-floating sullen grievance and ballistic
self-pity, a boll-weevil msntalitv of alienation. There is an inereasinc7 emotional antimatter glocair.g like a
dark crystal as people become disconnected from, and learn to
mistrust or hate, the powers that control them both nationally
- and locallv. I'm not sure that Vail isn't a microcosm of what is
invading the national political arena. It would be a mistake Lo
have our government emphasize marketing for the visitor as George •
Knax has suggested or to use open space fund money to build
employee housing. To rely on government to respond to every
glitch that unsettles the economic environment has a long history
of failure.
i
I 3
Mv imaae of a sten toward solution, as I mentioned, is to
establish a concerted, organized voice ior the variaus
neighborhoods through the establishment of a regional planning
. authority. This has been successful in The Twin Cities,
Minneapolis/St Paul, as well as other closely-tied municipalities
across the nation. It establishes a local working authority whose
singular goal would be to establish a meaningful human-scale
skeleton of growth that would include existing cities as well as
the unincorporated areas where.so much of it is occurring.
I accept that this woulda first because "the neighborhoods"
(Eagle-Vail, Arrowhead, Benchmark, Riverwalk, lake Creek,
Belley-Ache Ridge, Cordillera, Singletree) are not incorporated
municiAalities but that doesn't mean it can't be done nor that it
can't be effective. It obviously would present some problems:
What authority would it have, how are representatives elected,
and how do we establish the number?
Never-the-less, we all have common problems - locaiion of
schools, traffic, the enviror_ment, low-cost housing,.Crime - and
we need to establish so,me method of effectively handling these. I
envision The Regional Planning Authority as being an authority
not just an advisory committee for the County. If there was
someone from each municipality and randomly selected individuals
from the unincorporated areas, it could work. The Authority would
in fact have, within limits, some authority over the
municipalities through an aareed upon covenant. Obviously, the
authority could not be less restrictive but it's considerations
would be more far-reaching than just local zoning or covenants.
. . ~
4
Admittedly, it smacks of over-bureaucracizing the system but
something needs to be done and what else is there? At this time
when there is growing concern about growth everywhere, there is
the need to establish more than just neighborhood desires. We
need to examine the carrying capacity oT the regions within the
county as well as th2 county as a whole. And we need to make it
clear that every section is connected. Each neighborhood would
retain it's own personality without relinquishing it's -
sovereignty but we need to go beyond 'lifestyle' and formulate a
' plan tha-t would incorporate the entire region. I see the dilemma
as more than solving today's problems. It is the condition of
future survival.
Because Vail is the catalyst for growth, I think it should
„ be the leader in organizing this project. Let's have lunch
toaether one day and discuss this.
Cordially,
~
`
Ger,rv 'hite
/
f
~
~
~FIVED QA 2 S
STI~T~~ ~F COLORADO
DEPARTMEfVT OF TRANSPORTATION OT
4201 East Arkansas Avenue
Denver, Colorado 80222
(303) 757-9011
DATE: April 22, 1996
TO: County Commissioners, Mayors, City Council Members, Inter-Mountain
Regio Pl nning Cornmission Members, and Interested Citizens
FROM: P son, CDOT Local Liaison
~
SUBJECT: May 3, 1996 Inter-Mountain RPC meeting
Mr. Lou Trapani, Chairman of the Inter-Mountain Regional Planning Commission (RPC),
has scheduled a meeting of the RPC from 10;00 a.m.-12:00 p.m. on May 3, 1996. The
. meeting will be held in the Council Chambers of the Avon Town Hall, 400 Benchmark
Road.
The purpose of the meeting is to update the RPC on the recent STAC meeting and the
state transportation plan "Debriefing" Workshop held in Denver on April 10-11,
respectively. Also, there will be a review of the Inter-Mountain RPC component of the
1997-2002 State Transportation Improvetnent Program. If you have any questions relating to tYie meeting, please contact me at (303) 757-9817.
CI)OTIlVI -
SMART G9R0WTH & DE!lfELOPMENT AGENDA ~
Bl~ST PRACl'9CES W0RG(SHOPS 9:30 a.m. Registration . ~ ~ ~ ~ L
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"pay9~~ ~~ovvth°° 10:00 a.m. BntPOC?ucteon aeacfl Oberviewr off c~ m.
BQlfP21StP9dCgldPe IFl09aB'8C90ig TOOBS ; o
- (Taxes, Taxing Disfricts, ; . • . X o ~ ^ ~~CAT8ONS: Concurrency, Exactions, Impact ; 3~1 a) ~o 0
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Christopher J. Duerksen, ~LU A v o
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1iAY 1996 Clarion Associates ~ -
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with disabilities. If ou are a erson ~
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with a disability .who requires an ~ m ° ~
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Unseld at (303) 866-2353 at least 90 ~ v~ v c ~ o ~ E E n c~'o
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Sponsored By '
Colorado Department of Local Affairs Rocky Nlountain Land Use Institute, American Planning Association - Colorado,
Colorado Association of Realtors, and Colorado Association of Homebuilders
, R~~~~vrn APR 9 g
Transportatoon Commissson of Colorado
~ 4201 East Arkansas Avenue Denver, Colorado 80222
(303) 757-9207 FAC (303) 757-9717
S'NE NOe~ .
April 22, 1995
WM. R. "BILL" HAIGHT ~
Chairman, Steamboat Springs
GERALD PADMORE
Vice chairman, oaovar D ~
FLODIEANDERSON ~ •
Golden Mayo r o f Va i 1
ROGER CRACRAFT
nu,o,a 75 S. Frontage Rd. West .
PETE M. MIRELEZ Vall, Co 81657
Northglenn
WM. L. "BILL" NEAL
F,n Wnins Dear Mayor :
BERNIE BUESCHER
GrandJundan The Transportation Commissioners are bringing to a close the
CASTEIAR "CAS" GARCIA
Manassa Project Priority Programming Process (PPPP). The purpose of
PETER J. KING, JR. tY11S process is to wnrk with county and municipal officials,
ColoradoSprings metropolitan planninq organizations and the public to
JOSEPH "TONY" FOpTINO
Pue,lo discuss project status and priorities of the current
DONALQ G. MORRISON Statewide Transportation Improvement Program ( STIP) and to
Limon develop the new fiscal year 1997-2002 STIP.
GLENN VAAD
Secretary
To complete the PPPP, a Statewide Meeting will be held to facilitate the
integration of regional Transportation Improvement Plans (TIP) into the
STIP. Following opening remarks, the Transportation Commissioners and/or
CDOT Region Transportation Directors will present the TIPs for each
Transportation Planning Region. Any major changes in project program-
ming, selection, or priority will be summarized. An overview of_the
major issues or concern.s identifiEd during the development of the draft
TIP will also be provided.
Following the presentations, comments on the draft TIP may be made by any
interested party. Please refer to the enclosed agenda for details.
Day-long attendance is urged to broaden perspectives relating to the
total statewide transportation system needs.
The Statewide Meeting is scheduled for Wednesdav, May 22, 1996 beginning
at 9:00 a.m., at the Holiday Inn, Continental Divide Room, 10 East 120th
Avenue, in Nor.thglenn. CDOT staff will be available to explain
information relating to the various Department programs, the funding
= allocation process, the condition and needs of the transportation system,
etc., and to answer questions.
Your participation in the PPPP is appreciated and we look forward to
meeting with you on May 22nd.
~
Sincerely.,
etary -
T OMMISSION OF COLORADO
Enclosure
' j
TR.ANSPORTATION COMMISSION OF COLORADO
STATEWIDE MEETING
MAY 22, 1996
. AT
THE HOLIDAY INN
CONTINENTAL DIVIDE ROOM
10 EAST 120TH AVENUE
NORTHGLENN, COLORADO
WM. R. "BILL" HAIGHT, CHAIRMAN '
STEANIB0AT SPRINGS, DISTRICT 6 ,
GER.ALD PADMORE, VICE CHAIR]KAN BERNIE BUESCHER, GRAND JUNCTION
DENVER, DISTRICT 1 DISTRICT 7 `
FLODIE ANDERSON, GOLDEN CASTELAR "CAS GARCIA, MANASSA -
DISTRICT 2 DISTRICT 8
ROGER CR.ACR.AFT, AURORA DAN STUART, MANITOU SPRINGS
DISTRICT 3 DISTRICT 9
PETE M. MIRELEZ, NORTHGLENN JOSEPH "TONY" FORTINO, PUEBLO
DISTRICT 4 DISTRICT 10
NANCY B. BRIGDEN, GREELEY DONALD G. MORRISON, LIMON
DISTRICT 5 DISTRICT 11
THE CHAIRMAN MA.Y ALTER THE SEOUENCE OR THE TIMES
9:00 1. CALL TO ORDER AND ROLL CALL
9:00 2. OPENING REMARKS (CHAIRMAN HAIGHTJEXECUTIVE DIRECTOR GUILLERMO VIDAL)
. 3. TIP PRESENTATIONa: ,
9:10 A. GREATER DENVER AREA
9: 3 0 B. NORTH c RONT RANGE
9: 5 0 C. UPPER FRONT RANGE
10:10 D. EASTERN
10:30 BREAK
10:40 E. NORTHWEST
11:00 F. INTERMOUNTAIN
11:20 G. GRAND JUNCTION
11:40 H. GUNNISON VALLFY
12:00 LUNCH
1:10 I. SOUTHWEST
1:30 J. SAN LUIS VALLEY
1:50 K. SOUTHCENTRAL
2:10 L. SOUTHEAST
2:30 BREAK
2:40 M. PUEBLO AREA
3:00 N. CENTRAL FRONT RANGE
3:20 O, PIKES PEAK ARF.A -
3:40 4. CLOSING REMARKS
3:50 5. ADJOURNMENT
.-J i
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` VAILVALLEY
TOURISM CONVENTION BUREAU ~
100 East Meadcrw Drive - Vail, Colorudo 81657
4
Date: April 18, 1996
To: `lail Valley Tourism &.Convention Bureau Board Members
From: Frank Johnson
Re: Niinutes of Board Nleeting on April 17, 1996 at West Vail Lodge
Present: John Bailey, Jim Benson, Earle Bidez, Stan Cope, Peter Cummins, Steve Dewire,
Lisa Dillon, Jack Ingstad (for James Johnson), Marc Hoffman, Howard Rapson,
Mark Vdalker
Committee
Chairs: Ross Boyle, Dana Delbosco
Absent: Board Ailembers: Bob Armour, 3ohn Garnsey, Bob Kunkel
Committee Chairs: Debarah Lemon, John Volponi, Mitch Weiss
Staff: Frank Johnson, Jean McCiuey
The meeting was called to order by Steve Dewire at 9:30 a. m.
1. APPROVA][., O]F MH~UTES
1Vleeting Ivlinutes for n/Iarch 20th were approved.
11. COMMIT7{'IEE R}EPOR7PS
Elected chairpersons gave an update on their committee;
A. Marketnng Bmard - Ross Boyle
~ Reviewed Reece and Company media plan and database marketing plan.
Results show that response rates from direct mail are as good or better
than advertising and targeting is much better. Have reduced media
expenditures and increased database.
o Joint effort on surmmer newsletter with `!A. Getting 2 pages of 8 page
insert to 305,000 for same price as original plan for 100,000 post cards.
o Also will be doing summer fax to 8-9,000 people.
o Printing another 35,000 copies of Summer Guide to fulfill new
requirements. SVG getting 2-3 times as much exposure this year.
0 Now finalizing plans for Front Range Meeting Planners session on IVIay
30th.
o PR event in New York at Discovery Building in Central Park.
o Beginning planning process for 1997 program in June.
Central Reservations 1-800-525-3875 Group Sales (970) 479-2360 Business Office (970) 476-1000
Group Sales 1-800-775-8245 FAX (970) 479 2364 FAX (970) 476-6008
+
Board of Directors Minutes
April 18, 1996
Page Two
COMNIITTEE REPORTS (Continued)
Marketing Board -
• Will probably not have a different funding source in place for '97.
Expects that stakeholders will go ahead in interim.
Steve said that we are planning to get all government heads (Vail to Gypsum)
together in early June, to reach common ground on funding options and
infrastructure needs/redevelopment.
B. Finance Committee - 1?rank Johnson for John Volponi
• Bill Baltzell is new director, now working toward getting everything in
order for the auditors, who are expected in mid-May.
• Financial reports look good coming out of first quarter - commissions
close to target, expenses down, mostly in employee costs.
• Capital expenditures have been budgeted - none are critical except for a
new copier and, depending on CenRes merger factors, software and
hardware for reservations. All equipment can either be leased or
purchases can be staged to coincide with cash flow.
C. Commission on Special Events/Activities - Dana Delbosco
• Have just had a meeting with events planners. Carol Johnson did a
presentation for the Marketing Board, Town of Vail on construction
projects, and Bill Brice on summer events. ~
• Are now looking at one funding request and are also trying to be proactive
in looking for bigger events.
• Celtic Festival not possible this year. Financially doesn't make sense.
Dana believes that relationships with Celtic groups are not irreparable, but
definitely not an event this year.
• Requested that Ross include her in VVMB meetings where marketing of
significant events can be discussed.
Ross invited everyone to VVMB meeting on April 18th at VA's offices at the
Seasons at 7:30 a. m.
D. Business Advisory Council - No report
E. Lodging Advisory Council - No report
a
b
Board of Directors Minutes April 18, 1996 Page Three
ffio TASK FORCE REPOR7CS
A. Summer Ann- Task lE'orce - Frank Johnson for 1Vlaik Walker
* Have concluded discussions with airlines for '96. America West wanted
year round from Phoenix, but this was seen as in conflict with VA's
United flights from the West Coast, so was turned down. Also, L,.one Star .
wanted a subsidy and was also turned down,
* Going to refocus on what they (the task force) want - e.g. - Specific
gateways and types of equipment for a'97 program.
Steve discussed Peter De Lorre's (af American Airlines) visit to the Hyatt.
Believes his visit really made an impact and De Lorre now understands the
marketing possibilities available to the Vail Valley year 'round. VA & Hyatt
meeting with American in Florida tomorrow.
B. Comaaaunity Taask Force - Stan Cope
@ The CTF is proceeding with a plan to do a community vision process.
People on the task force feel Vail needs to focus on Vail's specific needs.
1Vo one wilt be excluded - anyone in the valley can give their input and
be involved.
o Want to effect positive change, get ideas out of process to make
recommendations to the town.
o Looking for people with imagination, who can give creative criticism,
basically anyone interested. This is not a TOV/VA project. Will be
going to the publiL via direct mail and PR.
l[V0 NEW Bg.TSINESS -
A. >LTnifae~ ~aU Center - Steve Dewire
It has beer? determined that due to the costs involved in out-sourcing this option
has been "back-burnered'". Joining forces at this.time and moving the entire
operation to Denver has been abandoned.
Z/A is pursuimg a lease with Frontier to take over their abandoned reservation
center. Will put in VA's own agents, phones and computers and will begin to
operate in Denver. If all goes well, could roll TCB in when bugs have been
ironed out. TCB call center would be interfaced and operate in Vai1 for the ski
season. VA's concern has been staffing, and resulting inability to serve
customers satisfactorily. Resources for staffing will be better in Denver.
Peter Cummins expressed concern that `IA would not carry through .with merger
once they are established in Denver and asked what the back-up plan for VVTCB
would be if the merger did not go through.
,
Board of Directors Minutes
April 1$, 1996
Page Four
NEW BUSINESS (Continued)
Unified Call Center -
Frank responded that the unified system is still possible with VA & TCB as co-
owners. Jim Gregg's analyses show that a partnership with VVTCB would be
beneficial from an income standpoint. TCB could run for one more year on
existing equipment but then technical support will go away because the CenRes
Master system is converting to a Windows base. VA is converting to the new
CenRes system. TCB would continue to get calls and keep doing same thing as
we have for the past 4t0 5 years.
Steve pointed out that some lodges perceive VA as having a conflict of interest
with other lodging properties because of their own property management
company, and this issue needs to be resolved. Lodging people also want to make
, sure their resource (TCB reservation center) and investment in it, is take care of.
Peter asked if it was possible to get a Letter of Intent from VA to merge the two
systems into a co-owned system. He feels that VA's motivation could change
after they've stepped off, and community will be no closer to developing a single
call center than they've ever been.
. Frank replied that VA has been open in sharing information...... Andy Daly was
one who suggested not to pull the plug on both systems at the same time. Bob
is moving in a direction that favors consolidation and co-ownership.
Stan said that in reality'VA is taking the risk. In effect, they are relying on TCB
for local back-up.
Frank will be getting in touch with the Lodging Advisory Council to set up a
meeting to present this iiiformation. The Council needs to be involved now in the
development of operating procedures jointly, etc.
Steve thanked all for, their cautions and assured that they would not enter into an
agreement that isn't grounded in the common vision of one call center.
B. Meeting Sc6edule - Frank Johnson
Frank proposed that full Board meetings be changed to a bi-monthly schedule and
an Executive Committee be created that would meet in the off-months. Minutes
and reports would continue to be distributed to the full Board on a monthly basis:
Steve commented that he is concerned about people's time and wants to bring in
new ideas and input. Cliairman and past-chairman should be part of committee.
e
8
Board of Directors Iviinutes
April 18, 1996
Page Five
NEW BUSINESS (Congananed)
Meetnng Schedlaa9e -
Dana approved, but suggested that the agenda for the executive meeting be faxed
• to the full Board membership, so that people could attend if they chose.
Peter Cummins moved that Executive Committee be approved with members as
listed on Frank's memo dated April 15, 1996 (attached). Seconded by Stan Cope.
Al( approved. Result is that there will be no Board meeting in iv1ay.
C. CTTA Membea-slnip - Frank Johnson
Frank submitted letter from CTTA offering Tourism Bureaus a"partner"
membership for $500.00. Steve recommended joining, as CTTA is working hard
to bring all the private forces together in marketing the State. Approved.
D. 1999 WorIld Chaanpions9nips - Frank Johnson
The organizing committee has had their first meeting and are looking for
volunteers. Frank and Doug Cogswell will chair the ladging committee for the
event.
V. AD1f ONRN
1Vleeting adjourned at 11:15 a.m. Next full Baard meeting will be June 19th at the Hyatt
(Townsend Room) at 9:30 a.m. First meeting (1VIay) for Executive committee will be
set at a later date.
e :?3
a
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~ O u r M i s s i o n i s Y o u r S u c c c s s .
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~
cOL'URADU
Ak .~ll~AC~A*\ TRAV EL & TOURISM AUTHORITY
M~.' ~ORANDUM q ~
TO: Chambers of ~ommerce .
4Conveautaon & Vesitoa°s Bureauss
Chasaebea° Re.sort Assocuatnons
Trade Assocaataogos
IEROM: Rnch Meredith
President
RE: C7CTA Mem~ersnnp
DATIIE: Apa°s9 12,1996
Since the inception of the C71°I'A organizations such as yours have expressed an interest in becoming
investing members of this important statewide tourism effort. This sentiment has been underscored
as many of you continue to express the desire to make a financial contribution as a show of support.
Although the establishing legislation for the CTT'A defines the five categories of businesses eligible
to participate as Food and Beverage, Accomnnodations, Transportation, Attractions and Recreation,
, we believe there should be a way to include Chambers, C`IBs, CRAs and Trade Associations. We
have always recognized your important role in the tourism industry. .
The CTTA has made huge strides over the past year to elect its Board of Directors, designate
committees and develop promotional prograans. In 1996 we will have a presence in over 40
publications through advertising and promotions. VVith the initial defining process behind us and
many programs up and running, we feel the time is right to expand the CTTA's scope of
participating organizations.
To that end, we are pleased to offer an additional category of inembership in the CTTA, that of
_ "Partner." Membership as a"Partanea°" is open to any Colorado Chamber of Commerce,
Convention & `Iisitors Bureau, Resort Association, Regional Tourism Organization andJor Trade
Association.
The value of C'I°I'A membership to your organization is a closer working relationship with the
CTTA, particularly regarding special programs, sponsorships and access to "members only"
information such as the "1-800-COLORA,DC) Lead Sharing Program." This program gives you
- access to the names and addresses of callers to the 1-800-COLORADO telephone number. We
logged over 26,000 telephone calls in March alone and expect an increase in months to come due to
our participation in numerous promotional programs.
P.O. BOX 3524 ENGLEWOOD, COLGRADO 80155
TELEPHONE (303) 779•5965 • FAX (3031 70,70•8410
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The CTTA "Partner" program is available to eligible organizations at the following levels:
. $150 investment for annual budgets of up to $499,000
• $300 investment for annual budgets of $500,000 -$1,000,000.
. $500 investment for annual budgets of $1,000,000 or more.
Checks, which will cover membership for a one year period, should be made payable to CTTA,-and
sent to our mailing address: -A
CTTA
P.O. Box 3524
Englewood, CO 80155
We hope you consider joining our "Partner" program, and look forward to working with you as we
develop programs and cooperative opportunities to increase tourism business for Colorado. Please
give me a call if you have questions or need additional information.
The enclosed information announces our newest member effort; "Business Reply Card Program."
We hope you can join us in this exciting opportunity that will reach thousands of consumers
interestzd in visiting Colorado and your particular destination.
Thank you for your ongoing dialog, well vNishes and support of the CTTA. We look forward to
working more closely with you.
~
E O u r M i s s i o n i s Y o u r S u c c c s s
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\ Ukj-UuRAD0
A A A \ , & A * T R.A V E L & T O U R I S M A U T H O R I T Y
A7PTENTION oooa ATTEN7CION?
MEMORANDUM
IIDATIE: Aprt°nR 12,1996
TO: CItaaIIUn?r~~ ~onugeen°ce
CoII9vendon & VIlsH$6DH'3 BlffPeaus
Clfna¢n~er IReso~ Associatiouas
Toenrcnsann Trcade Associataons IEROM: Sttevce Wyattt _ (CTTA
IfBE: Bansnness IfBegnRy ~ard 1~~ograuaa
We are excited to offer an opportunity for your organization to place a Business Reply
C::rd in 100,000 packets sent to requesters of the 1996 Official State \lacation Guide.
V4 e are currendy receiving approximately 30,000 requests per month.
The program will incorporate a shrink-wrapped packet of all participating organization's
" "business reply cards" for the reader to return directly to you. The immediacy of
receiving the reply cards direcdy is to your advantage and eliminates the clearinghouse
middleman. Vde are approaching only chambers of commerce, CVB's and trade
associations for participation in this program since they are equipped to provide
destination and or industry specif'ic information.
The Business Reply Cards will be inserted beginning May 15, 1996. Participation will
be on a first come first serve basis and space is limited.
Since this opportunity cannot begin untillVlay 15, 1996, we are including as part of the
program and at no additional cost, 10,000 advertising generated leads received in April
from 1-800-COI.OIZADO. This will enable you to capitalize on CTTA's summer
advertising program and to begin placing your information into qualified hands now.
To reserve your spot and receive the additional packet of specification information or for
additional questions call: Steve VVyatt at (303)-296-3384. Deadline for reserving a spot
is Apri130, 1996.
See Geneirall I[Beffonffn~~on on 1~ack sidee
P.O. BOX 3524 • ENGLEWOOD, COLORADO 80155
TELEPHONE (303) 779•5965 • FAX (303) 770•8410
s
s
('cneral Irfornnadon
Each participating organization will be responsible for their cazd design, printing and
delivery to Denver.
Program Start Date: May 15, 1996.
. Deadline for participation notification: Apri125, 1996, on a first come first serve
basis.
Participation.fee: $4,000/each participant (includes collating, shrink wrapping, insertion
• and 10,000 April leads). With six or fewer participants the shrink wrapping will not be
necessary and each card will be inserted loose in the packet.
Card Size: 3" X 5" Your card -m-ol fit these exact specifications.
Quantity: 100,000 cards.
Card Weight: must be .007 inches with no variance. .
Card lORe.ssagc;Calor: Can be any color and can be any-thing about your destination that
allows the reader to request additional or specif~ic information.
Review of copy: CTTA and a U.S. Postal representative must approve your copy.
Card Postage: Can be paid by you: "No Postage Necessary" emblem or paid by reader:
"Place Stamp Here." Consult your postal representative.
Delivery deadlnne: May 8, 1996.
DeGvery locatimn: Denver, To be determined based on # of participants.
Reservations 8d Questions: Contact Steve Wyatt at: 303-296-3384 Fax: 303-296-2015
(both new CTTA #s).
e4
T0W+1 OF VAIL ~
75 South Frontage Road
Vail, Colorado 81657
303-479-2100
FAX 303-479-2157
FOR BMMEDBATE RELEASE
Niay 2, 1996
Contact: Officer iVlike Vllarren, (970) 479-2213 Vail Police Department
BARGAItllSg B6'iRG/'4INJy BP09"!GP1INS...
!lA0~ ~OLICE 5~O AUCT90N l1NCLAIMED PROPERTV NAAY 10
(Vail)--The Vail Police Department will hold a silent auction of unclaimed property
from 1 to 4 p.m. next Friday (5-10) in the Vail Town Council Chambers. Proceeds will
benefit the Colorado Special Olympics.
Mountain bikes, a road bicycle, skis, bindings, poles, clothing, hats, gloves, goggles,
tools, backpacks, a wet suit, toys and dozens of items will be included in the annual
sale.
The items were originally received by the department as "lost and found" or evidence
items, but were never claimed. The department typically keeps the items for up to a
year before adding them to the annual police auction inventory.
Doors will open at 1 p.m. next Friday. The highest bidders will be announced at
4 p.m.
For more information regarding the auction, contact Officer Mike Warren in the Crime
Prevention Office of the Vail Police Department at 479-2213.
# # #
4VAIL
~r OF 75 South Frontage Road
Vail, Colorado 81657
970-479-2100 FOR 9MIiVIED9ATE RELEASE
FAX 970-479-2157 April 26, 1996
Confiact: Paul Reeves, 479-2333
Environmental Health Officer/Event Coordinator
ANNUAL VAIL SP029NG CLEAN-9JP SET FOR SATIJRDAV, MAV 18
REGB~TRATBON NOW UIVDERUVAY FOFt VOLUIVTEERS
(Vail)--iViark your calendars for fViay 18. That's when the Town of Vail's traditional
spring clean-up takes place. The town will recognize the first 350 participants by
donating $20 each to a local charity as designated by the votunteer. As always, a free
picnic at Ford Park will conclude the popular event.
Individuals or groups of any size are encouraged to pre-register with the 4own. Since
the charitable donations will be allocated.on a first-come, first-served basis, you're also
encouraged to check-in early on the day of the event, between 8 and 8:30 a.m. For
safety reasons, volunteers must be at least 13 years old, and an adult supervisor is
needed for every four teens ages 13 to 17.
fViore than 400 locals have joined the effort in previous years, collecting more than 10
tons of trash and raising up to $8,000 for their favorite charities.
This year, participants will gather at Ford Park for the start of the clean-up, due fo
construction at Golden Peak. From there, volunteers will be divided into several
sections of towrn for a morning filled with a little work and a lot of fun.
To pre-register your group or to volunteer as a team leader, please call Paul Reeves
in the Community Development Deparfinent at 479-2333. In case of rain or snow, the
1996 clean-up will be reschedule to Sunday, May 19.
aA~ RECYCLEDPAPER
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~OWN oF vAIL
75 South Frontage Roari
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
flAED9A ADVISORY
April 30, 1996
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VA9L CONSTRUCTIOiV l1PDAT'ES
!lAOL !lALLElf DR9VE DETOfl11R, 6iflAY 1-15
Beginning May 1, a detour will be used for traffic on Vail Valley Drive between Mill
Creek Circle and Manor Vail at the Golden Peak construction area. Traffic will be
rerouted through the Golden Peak parking lot on a 26 ft. wide temporary road. The
detour will be in place until Niay 15 to allow for utility upgrades. Please use caution
through this area. For more information, contact Larry Pardee with the Town of Vail
at 479-2198.
BRIDGE STREET DRA6NAGE fPROJECT, MAY 6-17
Beginning May 6, crews will work to repair a drainage problem along Bridge Street from
the Covered Bridge to Gore Creek Drive. This work will include removal, adjustment
and replacement of the street's pavement and installation of a drainage system to help
prevent the collection of water in front of shop entrances at street level. V11ork will .
occur between 8 a.m. and 7 p.m. weekdays, v+rith an anticipated completion date of May
17, weather permitting. Access to all shops and properties will be maintained during
this period. However, please be prepared for use of heavy equipment and other
impacts. This is the only construction project planned for the Village Core this season.
For more information, contact Jim VVeber with the Town of Vail at 479-2199.
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RECYCLEDPAPER
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TOWN OF VAIL
75 South Frontage Itoad
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR PflliflAEDIATE RELEAS[C
April 30, 1996
Contact: Russeli Forrest, 479-214t -
Senior Environmental Policy Planner
NOMINAT90NS SOlJGF91' FOFt SECOND A?BVNIJAL
MAURI I~OTTINGBiAnI! EIdVBFiOfVMEMl'AL A1NARD
(Vail)--The Town of Vail is taking citizen nominations for the Second Annual Mauri
Nottingham Environmental Award. The award, named for the founder of the valley's
VVe Recycle program, recognizes outstanding actions or programs that protect the
valley's environment.
IVominations are due June 10 in -one of three categories: individual, corporate or
student (ages 5-18). V1/inners will receive a plaque, prize and special townwide
recognition.
Examples of deserving nominations might include energy or water conservation;
waste reduction or recycling; conversion of dirty burning fireplaces; carpooling
programs or use of alternative forms of transportation; volunteer work for environmental
projects; environmental education programs; or habitat improvement, among others.
To nominate a person or business, simply write a brief letter containing the following
information: name and address of nominee; your name and phone number; brief
description of the action or project; and a description of the demonstrated benefits of
(more)
RECYCLED PAPER
L
Environmental Award/Add 1
the project or action. Nominees need not be located within the Town of Vail, so long as
the program or action has produced an environmental benefit within the Vail Valley.
Nominations should be directed to: Mauri Nottingham Environmental Award, Town of
Vail, 75 S. Frontage Rd., Vail, Colo., 81657, or by fax to (970) 479-2452.. -
. An award committee will review the nominations and announced the winners June 18.
Last year, there were 22 citizen nominations during the award's inaugural year. The
winners were representative of environmental actions throughout the valley. In the
individual category, the Jean and Bill Johnson families of Eagle were honored for their
decision to place 59 acres of family-owned land in the Eagle Valley Land Trust. The
top business winner was Antlers of Vail which convinced 69 of its 70 hotel
condominium unit owners to convert wood burning fireplaces to gas. In the third
category, classmates at Eagle Valley High School won the student award for creation of
a Bio-Building, which features hydroponics, aquaculture, entomology and a fungi
growing lab. In addition to the Town of Vail, the award will be presented in partnership with other
sponsors, including Vail Associates, Vail Board of Realtors, Vail Valley Medical, Public
Service Company and We Recycle.
For more information on the award, contact Russell Forrest in Vail's Community
Development Department at 479-2146.
# # # .
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@lVinners of the 1995 Maure P9ottingham Ertvironmental Qua9ity Avvard
Open Space
In preserving 59 acres of family-owned land along Brush Creek near Eagle, Jean
Jahnson dedicated the award to her aunt, Elinor Allen, who died the same year the
award was presented. As co-owner nf what was known as the Allen Brothers Ranch,
Elinor wanted to leave her share of the property in its natural state, Jean said. "So Bill
(her son) and I had it partitioned and through a two-step process we eventually
finalized the conservation easement in 1993," Jean said. The easement is in two
sections, a 35-acre parcel known as the "Gyp Hills," which abuts the Terrace
subdivision; and a 24-acre parcel across the road known as the "wetlands." The upper
parcel will be used as an open space wildlife corridor. Plans for public fishing access
at the wetlands are currently being developed with the Colorado Division of VVildlife.
Situated near the entrance to Adam's Rib, Jean says the open space acreage could
play an important role in the future of the Brush Creek corridor. Although Jean regrets
that her side of the family didn't choo se to restrict the remaining portion of the Allen
Brothers Ranch, she says she's proud she could fulfill her aunt's wishes. Jean and Bill
are lifelong residents of the area. Both have been involved in recent efforts to help
. reactivate the Eagle County Land Conservancy.
Improved Aor Quality
How do you get 69 of 70 condominium owners to spend $500 each to help cost-share
the conversion of their woodburning fireplaces to clean-burning gas? "It was relatively
painless," says Rob LeVine, general rnanager of the Antlers at Vail, who spearheaded
the project on behalf of the hotel's board of directors. "1Ne used an educational
campaign to talk about the impact of uvoodburning fireplaces on our air quality," LeVine
said. "And now that we've done it, mast of our owners and guests wouldn't have it any
other way. They like the convenience of turning on a switch whenever they choose."
The 24-year-old property was the first lodge in Vail to launch a large-scale conversion
and has served as a catalyst in the conversion of more than 500 other units throughout
Vail. As a result, the town's air quality standards have improved dramatically since
1990.
B6o=Bui9ding
Student designed, student built, student run! The new Bio-Building at Eagie Valley
High School in Gypsum is just that. The 50 x 50 sq. ft. building features hydroponics,
aquacu4ture, entomology and a fungi growing lab. Finance, shop and science ciasses
have all been involved in the project.
# # # '
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. AGENDA P62ESENT
I.OCAL LICENSING AUTHORITY David Chapin
APRIL 10, 1996 Connie Knight
t 10:00 A.M. Ellen Schmitt
Don White
Mary Zarba
1. Consideration of the Authority of a Corporate Structure Change for the Chart House, Inc., d/b/a
Chart House, a Hotel and Restaurant License with extended hours at the location of 610 W.
Lionshead Circle, Vail, Colorado. Harry F. Roberts, President and Chief Operating Officer, replacing former President,
John M. Creed; and . "
William R. Kuntz, Jr., Executive Vice-President.
Newr ManageP, Mooa$e PaPk preseaatedl the utean.
APPRO!lED, 5-0.
2. PUBLIC HEARING - Consideration of the Authority of a Special Events Permit for The Town of
Vail, 75 S. Frontage Road, Vail, Colorado to host an appreciation supper for the Volunteers for
Outdoor Colorado, at the location of the Ford Park Soccer Field, 620 Vail Valley Drive, Vail,
Colorado, on Saturday, June 29, 1996, from 1:00 p.m. - 2:00 a.m.
Robert McLaurin, Town Manager
Russell Forest, Event fVlanager
TOlRl01 O$ Va9I E69b9POPEmePE$aI O$FICeP, Paul Reeves, presentec9 the item.
Aaathoroty membePS requested the appl6cant saabm6t a new map, reducang the size o$ the
IICenSed QDPePB'995e $O a 30° x 30' area arounc8 the concession stand, un addBtion to using
5n0w fenC9P1g g0 COP9$POI the aPea, aQ'9d a PI19B'B9B'!'lUB'4'1 Of f9VL' peOpI@ tO P1'9011ltOf $Ile @b@n$.
APPR0!lED, 5-0.
On 04.11.96 Edeng Manaiger, Russ Foresg, requested the permifted area be enlargedl $o
i81CBude 1I4 O$ the SOCCeP $B@0d (appPOXY69'lat@Iy 100' x'V00'). R? phone vote dvas taken anc9
app0'Obed b)J DOP9 WhG$e, Maryy Zarba arac9 Connae knigPot.
3. PUBLIC'HEARING - Consideration of the Authority of a Special Events Permit for The Town of -
Vail, 75 S. Frontage Road, Vail, Colorado to host Earth Fest at the location of the Lower Bench
of Ford Park, 700 block of S. Frontage Rd., Vail, Colorado, on Saturday, June 22, 1996, from
9:00 a.m. - 11:00 p.m.
Robert'iVicLaurin, Touvn Nlanager
Russell Forest, Event Nianager
TOW/P1 O$ VaOV EnbYPOnmeP9taB O$$YCeP, Paul Reeves, presented the atem. Yhe Authority
PeqY.OeS$~~ the appIlCa6Et tO S$aff a 0'i'19PElmUBi'1 O$ f9be p@OpIe tO mOn&$OP the eVe@"Bt.
.4PPR0!lED, 5-0.
4. PUBLIC HEARIfVG - Consideration of the Authority of a Special Events Permit for the Steadman
Hawkins Sports Medicine Foundation, 181 W. Meadow Dr., Ste. 1000, Vail, Colorado to host a
private dinner and wine auction at the docation of the Lower Bench of Ford Park, 700 Block of S.
Frontage Rd., Vail, Colorado, on Sunday, August 10, 1996 from 12:00 noon - 9:00 p.m.
John McfVlurtry, Secretary
Patricia Herrington, Event Manager
PagB'9C9a HePPIng$OP? pPeSePD$ed the 9teP91.
APPRO!lIED, 5-0.
5. PUBLIC HEARIiVG - Consideration of the Authority of a Special Events Permit for The Vail Valley
Tourism and Convention Bureau, 100 E. Meadow Drive, Vail, Colorado to host Jeep V1/hite water
Festival, at the location of the Gore Creek Promenade area including the pedestrian bridge, the -
streets of Gore Creek Drive from Willow Bridge Road to Bridge Street, and the Children's
Fountain area extending into the intersection of South Wall Street, Vail, Colorado, on Saturday,
May 25, 1996, from 8:00 a.m. - 6:30 p.m.
Frank Johnson, President
Bill Brice, Event Manager
AGENDA .
LOCAL LICEiVSING AUTHORITY APRIL 10, 1996
~ PAGE TWO
BaV6 Brace presentedl the Btem and pevaewed the detai9s of the everat. Authority Chairman,
Don lNhote, Pequesged the licensed premise be dovvvnsizecG $o anclude only the Gore Creek
PPOtE"E@O1afIIe aPea, elamaauagiaag the aase of Gore Creek Dribe. Brice expBained that the
PPOrneeaade alone was too small to contain the event anc9 that vendors would be seg up
aBOP1g C~s06'@ CPeeEC DPO!/e, and merchants vvouVd also be d'osplaying merchandise outdoors.
APPftO!lED, 4-1, Don White vofing un opposition.
6. PUBLIC HEARING - Consideration of the Authority of a 3.2 Beer Special Events Permit, for the Vail Rugby Club, P.O. Box 1895, Vail, Colorado, at the location of the Ford Park Athletic Field,
620 Vail Valley Drive, Vail, Colorado, the following dates and times:
Saturday, June 22, 1996, 11:00 a.m. - 6:00 p.m.
Saturday, July 27, 1996, 11:00 a.m. - 6:00 p.m.
Stephen Lewis, Event fVlanager
Stephen Lewris pPesengec9 the item. Upon the suggestion of Police Chaef, Greg IVlorruson,
Au$horoty uvaeenbers stipuBated ghat sectarity personnel raaonitoring the event not be allowed
ao dr6nk whfi@e on 4he6r shift anc9 thalt security personne9 wear special shirts or uniforms so
they yvere eas69y identuffiable.
APPRO!/ED, 5-0.
7. Consideration of the Authority of a Modification of Premise for a Hotel/Restaurant license with
extended hours held by Brewing Company of Vail, Inc., d/b/a Hubcap Brewery, at the location of
143 E. fVleadow Drive, Vail, Colorado.
Owner, Lasace Lucey, was presen4 along w6th his rnanageP, Bou9der. Towrn CBerk, Flolly
McCutcheon infoe¢vaed the Authorety the license holdeP had gone ghrough the propeP
channeGs wath Cornavaaanagy Developrnent arad hac9 received approvals for the proposec9
avaodificagion from the DRB & PEC.
APPRO!lED, 5-0.
8. Consideration of the Authority of a Modification of Premise for a Hotel/Restaurant license with
extended hours held by Michael Burgermeister, d/b/a KB Raaach Company, at the location of
660 W. Lionshead, Vail, Colorado.
HoVly McCugcheon provac9ed the gollowing information: On 08.10.95 the Lions Square
Loc9ge & Conference Ceavter $ook out a tavern license on the conference rooms an the
Lodge. Ag tha$ gime, these corafePence pooms were still a paat of the FfB Ranch Licensed
pPemsse. The 6CB Ranch escerase was and as still a valid Hotel and Restaurant Lacense, even
though g6aey wePen't OpePa$681g. Siaace the KB 12anch shut dovvn, the conference rooms
wePe no oongeP legal@y heBc9 (leased) by 6(B Ftanch. Because the owrner of KB 12anch now
PeSiCAeS YB9 Ca0!$OPn9a, aead the modification is a housekeeping ufern, Holly Pequesteti the
AaathoPUty consicBer appPOVaI og the moc9ification dvithout the owner beirag present.
APPROVED, 5-0.
9. Consideration of the Authority of recent renewals:
Colorado Ski Service, Inc., d/b/a !lisga Bahn Ski Rentals; and
Sonnenalp Properties, Inc., d/b/a Sonnenalp Restaurant.
APPRO!lED, 5-0.
10. Any other matters the Authority wishes to discuss.
PoVuce ChBef, Greg Rflorr6son, anc9 Sergeant, Joe @2ussell, vvere present for a discussion
PegaPdIB'9g NiCk's baP. HoUBy inforenec9 the Authority of the following incidents:
On iViarch 14, 1996. There were trespassing and criminal injury to property charges filed against
an individual named Samuel Jobes who had spent the evening drinking in fVick's bar. Upon
leaving IVick's Jobes became disoriented and lost while trying to find his way to his condo. Jobes
said in the police report that he became very cold and was trying to find a place to go and get
warm. He saw some lights across a field and decided to go to the houses for help. As he was
heading to the houses, he came to a creek which he tried to jump over, but fell in. Jobes said he
was scared and freezing, and thought he might die. Apparently Jobes did reach the houses on
Sunburst Drive, and when nobody answered his knock, he busted the door open.
s
, AGEIVDA
LOCAL LICENSIiVG AUTHORITY
APRIL 10, 1996
'PAGE THREE
When a woman who was sleeping upstairs discovered Jobes in her living room, she called 911.
Jobes then left the unit. Officers founci Jobes sleeping in another unit not far away. That door had
also been kicked in.
Ori March 22, 1996, there was an altercation outside of Nick's bar on Bridge Street. Officers
responded to a dispatch regarding a fight in progress at Rlick's bar. Approximately 50 feet from
the entrance to Nick's an individual named Kevin Lach was involved in a fight with another party.
Lach had an unidentified party down on the ground and was hitting him numerous times in the
face. The person being assaulted was able to extricate himself and ran from the scene.
On March 28, 1996, there was an assault with a knife which occurred at the second level of the
transportation center on the south end. This incident originated in iVick's where an individual by
the name of Ramirez had been seen harassing women in the bar. Several individuals informed
the doorman who spoke vvith Ramirez. Ramirez became involved in an altercation in the bar and
was punched in the face. He was then escorted out of the bar. When three individuals reporting
this incident, left the bar, they saw Ramirez standing outside. Ramirez followed them as they
walked northbound on Bridge Street and then turned westbound on East Meadow Drive at the
bus plaza. As they approached the intersection of Crossroads and International Bridge near
Haagen Dazs, one of the individuals suddenly yelled "I've been stabbed." Ramirez was then
observed vvith a knife in his left hand stabbing one of the three individuals several times.
Ig was noted that the FebPuaay letter sent to Nic6c's manager, Tim Goff, regarding an
underage drunkang ueucidleeag was not answePec9. The Author6ty found there wras probable
cause that a vuolation had occurred and rnoved to serre upon Nick's a notice of heapang
anc9 oPC9er go shovv cause dvhy the lacense should not be suspended or revoked, and that
the hear6etg shoulc9 take place ag the next regular meeting on June 92.
APPRONED, 5-0.
The AuthoPUgy was theea unfoPmec9 of an inciden$ vvhich occurred at the Jackalope un which
a barterader was cagec6 for seB@ung alcohol go an intoxicated person. Again, the Au4hority
ffoaand ghere was pPObab9e cause tha4 a vioiation hac9 occaapred and rnoved to seave upon
Rlick's a nogice of heaPirag and ordeP go shovv cause why the @icense should not be
suspeaadec9 or revoketl, and Pequestec9 the hearing be helc9 on June 12.
_ -Ho9By remindec9 membePS Conraie Kraight and Don Whcte of theiP expirung terans Bn June
aeud announcec9 ghat the public uaotice pequesting let4ers of interesf for two vacancies
WOQ9AQI Pun 90'B tI'1L' TPaOS OB'9 (I~ay 17 & 24. Deadline go receBve 6etters wilB be AAay 30, with
Couuucal Antewaews Ibeing conductec9 at the June 4 work session and appointrnents taking
p0ace ag that evenieug's meeging.
11. fVext scheduled meeting June 12, 1996.
EIIeYI 9Y'1$OPPY9ed the AU$hOP9$y SO'1e !il/OIdId P90t b@ IPl afte99CIaB'ECe fOP $f'1e JLBY'le B9'9@et981g, and the
OV1eet9PEg NNaS adD049PP0ed a$ ~pp9'OX6111a$eIy 'G 1:35 a.m.
TOWfV OF VAIL '
Local Licensing Authority
Holly L. McCutcheon
Secretary to the Authority
AGENDA PRESENT
.LOCAL LICENSING AUTHORITY David Chapin
APRIL 10, 1996 Connie Knight
~ 10:00 A.M. Elien Schmitt
Don Whi4e
Mary Zarba
1. Consideration of the Authority of a Corporate Structure Change for the Chart House, Inc., d/b/a
Chart House, a Hotel and Restaurant License with extended hours at the location of 610 W.
, Lionshead Circle, Vail, Colorado. Harry F. Roberts, President and Chief Operating Officer, replacing former President,
John M. Creed; and William R. Kuntz, Jr., Executive Vice-President.
New Maaaager, Mon$e ~~rk presen$ed the item.
APPRO!lED, 5-0.
2. PUBLIC HEARING - Consideration of the Authority of a Special Events Permit for The Town of
Vail, 75 S. Frontage Road, Vail, Colorado to host an appreciation supper for the Volunteers for
Outdoor Colorado, at the location of the Ford Park Soccer Field, 620 Vail Valley Drive, Vail,
Colorado, on Saturday, June 29, 1996, from 1:00 p.m. - 2:00 a.m.
Robert McLaurin, Town Manager
Russell Forest, Event Nianager
TOwPl O$ VaII EnbtPOnO'6'OentaE OffICeP, Paul Reeves, presented the item.
Aan4horigy members Peqaaes4ed the applicant subrnc$ a nevv map, redaac6ng the size of the
Vocensed ppemuse go a 30' x 30° area arounc9 the concession stand, uea addition to usulng
sovow fencueag go con$PO9 $he area, anc9 a oninimum of $uve peop9e to monitor the event.
APPRO!lED, 5-0.
On 04.11.96 Eden$ Manager, Raass Forest, Pequested the permitted area be en0arged 40
uncBude 9/4 off ahe socceP fie@c@ Qapproxornate@y 100' x100). Aphone vote vvas takera and
approvetl by Don Whate, Maay Zarba and Connse knught.
3. PUBLIC'HEARING - Consideration of the Authority of a Special Events Permit for The Town of
Vail, 75 S. Frontage Road, Vail, Colorado to host Earth Fest at the location of the Lower Bench
of Ford Park, 700 block of S. Frontage Rd., Vail, Colorado, on Saturday, June 22, 1996, from
9:00 a.m. - 11:00 p.m.
Robert-iVicLaurin, Town iVianager
Russell Forest, Event Manager
TOlAlP9 Of Va9E EP9bYP00'00E'teP4taI OfflCeP, Paul Reeves, presentec9 the item. The Aaathority
PeqLGeS$eC~ th@ appG9CaPB$ tO S$a$1f a YB11P91t11UP11 Of $Ibe p@OpIe tO P1101'i9$OP $h@ eb@&1t.
APPRO!lED, 5-0.
4. PUBLIC HEARIiVG - Consideration of the Authority of a Special Events Permit for the Steadman
Hawkins Sports Medicine Foundation, 181 W. Meadow Dr., Ste. 1000, Vail, Colorado to host a
private dinner and wine auction at the location of the Lov?rer Bench of Ford Park, 700 Block of S.
Frontage Rd., Vail, Colorado, on Sunday, August 10, 1996 from 12:00 noon - 9:00 p.m.
John iVlcfVlurtry, Secretary
Patricia Herrington, Event Manager
Patrucia HePrengtoea pPesen4ed 4he item.
APPRONED, 5-0.
5. PUBLIC HEARING - Consideration of the Authority of a Special Events Permit for The Vail Valley
Tourism and Convention Bureau, 100 E. Meadow Drive, Vail, Colorado to host Jeep White water
Festival, at the location of the Gore Creek Promenade area including the pedestrian bridge, the
streets of Gore Creek Drive from Willow Bridge Road to Bridge Street, and the Children's
Fountain area extending into the intersection of South Wall Street, Vail, Colorado, on Saturday,
May 25, 1996, from 8:00 a.m. - 6:30 p.m.
Frank Johnson, President
Bill Brice, Event Manager
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BRAVO! COLORADO-VAIL VALLEY MUSIC FESTIVAL
World-class music comes alive in a dramatic mountain seccing
with inrernarionally renowned musicians. Season Nine
(June 29 - August 6, 1996) indudes a Chamber Music, Baroque,
Orchestra. Introduction ro Chamber Music, Jazz, Soiree Series
Artists and reliertoire may be szabject to change and Beaver Creek Musicians Program.
970/476-0206
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To order and for information
_ r`i.,,,.•:,a:;~3_
_ : ;•ry,: regarding tickets please call:
Lynne LeGras, Vail Valley Foundarion
_
970/949-1999, ext. 32 .
a~'• ~ ~ , ; ~
Fax: 970/949-9265 ,
Gerald R. Ford Amphitheater
. (box office opens June 11, 1996)
v . 1 ~
~M.,,:.: 970/476-2918
~
Hours: Tuesday'-Saturday, 3-6:00 p.m.
. ~ - 'a:~ ~'r;s~ . •~'7r~o~ - x,._
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A Program of the Vail Valley Foundation
SEC Z SEC 3
J
1 `t• .
~
TOWIV OF UAIL ~
75 South Frontage Road
Vail, Colorado 81657
303-479-2100
FAX 303-479-2157 flAEDI,A ADVISORY
May 2, 1996
Contact: Suzanne Silverthorn,.479-2115
Community information Office
VABL BIlCE PA1'H UPDATES
The intown segments of Vail's bike paths are now open. However, bikers, walkers,
etc., should continue to use caution on portions of the path along the Golf Course io
East Vail because of numerous chutes. There is evidence of recent mud and snow
slides in the area.
The Vail Pass portion of the bike path will likely remain closed until Memorial Day.
The Colorado Department of Transportation reports {ots of snow up high covering the
path.
The Dowd Junction bike path project is moving along. Materiais are being stockpiied
for the path at Stephens Park and B&B Excavating wiil soon begin work on construction
. of the path platform. Construction will continue throughout the summer and completion
is expected by Labor Day.
There are more than 16 miles of recreational paths within the Town of Vail
boundaries.
# # #
LAW OFFICES '
DU N N, ABPLANALP & CH RISTENSEiV, P. C.
A PROFESSIONAL CORPORATION
JOHN W. DUNN THE VAIL BANK BUILDING
. TELEPHONE:
ARTHUR A. ABPLAtJALP, JR. SUITE 300 (970) 476-0300
ALLEN C. CNRISTENSEN
108 SOUTH FRONTAGE ROAD WEST TELECOPIER:
DIANE L. HERMAN
R. C. STEPHENSON VAIL, COLORADO 81657 (970)476-4765
KAREN M. DUNN
SPECIAL COUNSEL. CERTIFIED LEGAL ASSISTANT
JERRY W. HANNAH 2 May 1996
Town Council
Town of Vail
75 South Frontage Road West Vail CO
HA1VD DELIVERED
Re: Appeal of Planning and Environmental Commission Decision
Vail Associates Lionshead Gondola Proposal
Members of the Councila
This Firm represents Mr. and Mrs. David P. Ransburg, the
owners of Lot 5, Block 4, Vail Village Third Filing and Mr. John
Jordan the owner of a portion of Lot 1, Block 2, Vail Village Sixth
Filing, on whose behalf this letter is being directed to you.
These properties are two of several lots adjacent to the tract upon
which Vail Associates' new Lionshead gondola is intended to be
constructed. Although we do not represent Lion Square Lodge, we
have been authorized to state that Lion Square Lodge also supports
this appeal and the position taken in this letter.
By this letter, Mr, and Mrs. Ransburg and Mr. Jordan appeal
the action of the Town of Vail Planning and Environmental
Commission (the "PEC") of the 22nd of April, 1996, approving a
conditional use permit for the Vail Associates Lionshead Gondola
proposal with certain limited conditions.
The basis for this appeal is the failure of the PEC to impose
one necessary condition upon the approval which was granted on the
22nd of April. This condition is based upon the presentation of
Vail Associates both before the Design Review Board and the PEC.
An objection to the proposed condition was raised by Vail
Associates, but that objection effectively establishes the
importance of the proposed condition.
The proposed condition relates to hours of operation of the
gondola system. Unlike other lifts on Vail Mountain, the new
Lionshead gondola is being consciously equipped for night use,
because it is intended to serve persons going to and from the Game
Creek Club. The gondola, with its proposed equipment, could be
used to initiate night skiing in the Lionshead areao Some time
ago, Vail Associates attempted to develop the area adjacent to our
clients' property for night-time activities, under lighting which
would have been quite intrusive in relationship to the neighboring
residences. The neighborhood came out in opposition to that
proposal, and the Town of Uail defeated the proposal.
Our clients feel certain that the Town is in agreement that
activities such as night skiing should not occur without
. appropriate review by the Town of Vail. However, no condition is
in p•lace limiting skiing (or operation of the gondola) to daylight
hours. With the night-time operation of a gondola, which removes
the most unromfortable aspect of night skiing, it is not
unreasonable to project the gondola's use to service night skiing
at some time in the future. Further, we understand that, at a
recent Vail Associates focus session, one of the possible
activities discussed at that meeting was night skiing. Finally,
Vail Associates vigorously opposed our suggestion that the PEC
impose a condition that the use of the gondola could not extend to
serving skiers (other than company employees) between sundown and
sunrise. These factors, particularly when considered in the
aggregate, are persuasive evidence that Vail Associates may intend
to use the gondola to support night skiing, and that possibility is
one which our clients feel should be prevented, absent further
review by the Town of Vail.
For the reasons stated above, and because the PEC did not deal
with the issue in its conditional approval, our clients request
that an additional condition be placed upon the granting of the
proposed conditional use, to the effect that the facility will not
be used to serve night skiing. Such a condition would not
eliminate the possibility t:hat the activity could ever occur, but
it would clearly require the review of the impact of such
activities prior to their initiation, a situation which does not
exist at this time. Specifically, our clients request that the
following condition be added to those already imposed through the
PEC's action:
The gondola terminal and the gondolas shall not be operated
between the hours of sunset and sunrise for the purpose of
transporting skiers, with the exception of personnel employed
by the applicant who are involved in the applicant's mountain
operations.
Our clients thank you for your attention to these concerns.
V y tr y urs,
UNN, A ANAL HRI NSE , P. .
Arthur A. Abplana , Jr.
xc: Mr. and Mrs. David P. Ransburg
Mr. John Jordan
Vail Associates, Inc./Attention:Mr. Jim Mandel and Mr. Joe Macy
e9
TOW+I OF VAIL ~
75 South Frontage Road .
Vail, Colorado 81657
303-479-2100
FAX 303-479-2157
FOR-OMMED9ATE RELEc4SE
iViay 3, 1996
Contact: Susan Connelly, 479-2140
Community Development Director
APPLVCANTS SOUGHT FO12 NEW OPENgNC
ON 9lAVL PLANNING & ENVIROIVMEN3'AL COIVI{IAISS@ON
(Vail)--The Town of Vail is taking applications for a mid-term vacancy on the Planning
and Environmental Commission (PEC). The opening is created by the resignation of
6Cevin Deighan who has moved outside the town's boundaries, making him ineligible to
finish out his two-year term.
Applications for the open seat, which expires February 1997, are due by 5 p.m. fViay
15. Selection will be made by the Town Council on May 21. Applicants must be
registered voters within the Town of Vail.
Duties of the seven-member PEC include review of variances and conditional use
permits, special development districts (SDDs), subdivisions and rezonings. The PEC
meets the second and fourth Mondays of each month. Nieetings begin at 2 p.m. in the
Vail Municipal Building, preceded by project orientation and site visits which usually
begin around noon. The PEC reviews approximately 120 applications per year.
Although the position is voluntary, the town provides each member with a summer
recreation pass or blue parking pass, plus a merchant ski pass in appreciation of the
community contribution.
Persons interested in serving on the PEC should submit letters of interest and
(more)
PEC Vacancy/Add 1
experience to the Town Council, % Town Clerk's Office at 75 S. Frontage Rd., Vail,
Colo., 81657.
For more information, contact Susan Connelly, Community Development Director, at
479-2140.
# # #
MAY 02 196 01:50PM CITY OF ASPEN P.2
~
_ Colorado
Assoc'latio
of Sk'l Tovvns yr"
TO: Colorado State I,egislators
FROM: Colorado Association of -ski Towns (CAST)
RE; Support for SB 96-232 Re: Rura1 Transportation Authority Law
DA'TE: May 1, 1996
Thc Colorado Association of Slci Towns, representing 21 municipalities in resort areas,
urges your support of the legislatiori proposed by Senator Hopper to create authoraty for
' tvral regions to set up regional tratisportation districts.
All of our CA,S'T communities are.intimately connected to our regions via transporta4ion
networks. We desperately need a mechandstn to work together with nearby cities and
cotatlties to address qur 4ransportatioa systems in a comprehensive regional manner.
This legisla4ion wrilI eraable us to establish regional authorities to plan for and oversee
transportation improvemenYs so eital to our economy and to the economy of the state.
The ability to levy taxes, with voter approval, on a regional basis fairly places the burden
of fiuiding traasportation on the region ae a whole, without undue fimcial impact on any
OYle YeSOI't COIIlIIIUYIItY OY 60UIIYy, Good transportation systems do not stop at
jutisdictional lines, they serve the region as a whole. This legislatlon is a step at helping
local eoznmunities solve our problems at the local Ievel. We wholeheartedly urge you to
support SB 96-232.
MEMBER Mt/AflC/PALITlE$
Aepeq o q von o 81uo River o BreCkenrrdge
CieaPed BuM9 o Dlflon o DIIraAgo mFraser oFrisco e(3/enwood Spr/ngs a Orand Juactron
Grend LaAre o Qunniaop a hyf Creersrf BuKe o IycdeNend a 3ilverNrprne o Snowmdsa VNlage o 6teembost SprJnga o TeHuride m VBiI o IMinfer PBrk
~ FEBRUARY 1996
~ . ,
AMERICAN ~
PLANNING
ASSOCIATION
~
(
r~h~ AB\r~qs oj~ XB approve cercain classes of accessory scruccures. This has worked
L~1 e so well chat Brentwood is looking for ways to apply i< <o ocher
By Michael Barrette areas. "It takes pressure off the board. Righc now they have the
lightest load they've had in a very long cime,° he says.
his past fall, Zoning News mailed a survey to its subscribers Champaign, lllinois, has succeeded by keeping ics code up to
Tto gather information abouc zoning boards of appeals date. Zoning administrator Kevin Phillips says the-trick is to keep
(ZBAs). Nearly 600 responses poured in from all over che track of the appeals: "If we see a pattern developing,, we acc on ic
councry. This issue of Zoning News examines a representative because a variance, by its very nature, is a unique circumstance. If
group of 50 small and medium-sized communi[ies with a ic occurs more than once, it's time to look at the code co see if
population under 100,000 (see table). The survey focused on something has been overlooked. If we've already -ranced Ehe
basic informacion such as annual case load, che Frequenry of variance under che same condicions, then it is time to add those
meetings, compensation, board structure, and terms of office, conditions to the code. That way people don't have co go chrough _
and identified several concerns. all the rigmarole oFan appeal. Variances have become so unusual
that che last time the board was faced with grancing a variance,
Qa$elpad and MeetiIfg$ they looked at us and said, `Why isn't this in the code?"'
Most communicies are busy with zoning appeals. Only 11 of the
50 jurisdictions reported fewer than 12 cases per year. All but six Co111pe1uSatAOflt
have boards that meet at least monthly, 34 boards meet monthly, Two of the 50 communities
and 10 meec more often. At the low end, the Washington use hearing officers in lieu of '
"Y~r~cancesrha`re
Counry, Nebraska, board of adjustment has not met since zoning boards. Of the
September 1, 1994. "That either means everyone is getting their remainder, 31 offer no 'bet0111@ SOrijIlUSUOl
permits and following che law," says planning administracor compensation for board • ` `
- that:~'ttie last teme.;~;~f
Douglas Cook, "or a lot of people aren't getcing permits> and we members. Thirteen offer
haven't caught them." At che opposite extreme, Oldham Counry, monecary compensation tI1@ -b00r-J W
~.Kentuc1ty> reports 132 cases. More than half the resPondents had ranging from $5 Pcr case in
tmg::_
faced- With grari
30 or more cases per year; one-fourth reported at least 50. Reading, Pennsylvania, to
Several communities have tried to limit the number of cases $10,000 per year for the a vardange, tl'iey'.' •
' before their boards. According to administrative assistant Jo chair of the Southampton, 9ooked At us anc9 Evans, Springville, Utah, has dramatically reduced its caseload. New York, ZBA. There is no ~~~d~ i~h~ 6Sn~$ $hi5
"There was a time when the board members seemed to think that clear threshold for compen-
the purpose of the board was co grant variances," she says. "Thac, sation. Waverly Hall, en the co¢le?"
combined with a$20 fee, just encouraged people to appeal." But Georgia> with a populacion
Springville decided to get tough with appellants. "We raised che of 769 and an annual
fee co $100 and required them to sit down with the staff and go caseload of two appeals, pays
over the list of condicions which need to be met in order to win $20 per meeting. But in
an appeal," Evans says. "When they find ouc what the legal Rapid City, South Dakota (pop. 60,738), board members handle
requiremencs are, most people are not willing [o risk $100." 100 cases a year without compensation. Most local governments
Paul Glauser> community development director for Draper, pay from $15 to $50 per meecing to cover expenses. Several
Utah, says his town raised the variance applicacion fee from $50 communities have a per diem arrangement and provisions to
to $200. "The fee change, combined with a growing reputation cover mileage co and from meetings and site inspections.
for strictly interpreting the law,-has drastically reduced the Some communities provide nonmonetary rewards. Lombard,
number of frivolous applications," he says. Illinois, holds an annual recognicion dinner to pub(icly chank
Administrative approval is another means of streamlining. citizen volunteers. Iowa Ciry chrows a luncheon for retiring
Theresa Carrington, ciry planner for Brentwood, Tennessee, board members and honors each with a certificace of
says most cases "dealr with either home occupations or accessory recognition. Webster Groves, Missouri, gives each member a
structures, so we passed zoning ordinance amendmencs that omplimentary family pass to the city's recreacion complex. In
allow the staFf to administratively approve certain home i~~Vail, Colorado, parkin is ac a remium in the edescrian-
occupations. That alone has cut our caseload by 44 percent." oriente owntown during the ski season, but board members
The ordinance gives the scafFa list of allowable home are e i~~ e to receive a par ing pass or the cin-owned parkine ,
occupations and 10 conditions that must be met. After the structures. Since rypical board sessions be in with a re-meetin
revised ordinance was passed, the ciry advercised the new at noon o owe t e u ic meetin in the late afcernoon,
permitcing process in the local newspaper. With a population of Vail a so provides lunches and dinners. But chat's iusc the
~ 20,000, Carrington noces, "we've already issued 300 home beginnin says town p anner George Ruther. "Partici acion on
L occupation permics. Thac's a significant number." Once a o our boar s is a vo unca civic du like ro issue
permicted, homeowners must renew their petmits annuafly so ski an recreation passes as a bonus to offset the time the board
thac che ciry can update its database. The scafF now can also mem ers evote to t e communiry."
r p'.•s" .,$y 4^y A- t`s i f3 . ~I'',t- ~T 7~^v W~F"{ ~ '.k-' ~
~ 1 M
Z~• r'~,,~"y~. .t' ~,.n f• F;7 T~y . a,- t i J s ,Nw y. i .,,,ty t .
. f 1 . a ,-trs.,~ i . . tne T~'"S. ~ , .F . • 3 Y~`~j.1 4:r~'~,~.~?~ zg.
yC. _ ~::a.-r!,R -L = .Y;. ~ . ~:M•'° - s-. ~ a r?.r3~'~i .A'F .~T„~~
$ 7•.:, ~ 'Board Y~`tMeetings Annua{ -~s ~.i > Term ' , ~ ~ , < ~rt sf s~~~"~
Gty : Population Members* ~xPer Month ^Case:load Coropensat~on ength _ 'Comments
, . r ~
1 7,449 yrs Last met
~ ' ~ ~ ~ v
' 2 = 2,100 T/2 2 13 0 Appomteduntd replaced or resigned
3 10,000 ,S/1 i~,L p S 05 yrs Nigher_fees have hmited appeah. , ' 4~"~• '
. ~ 4 . :4,500. 110 2 "2 yrs : Ski/reireotion/Parking passes and dtnner
5 ~ 3,083 HO A 3 K$75p :1 yr : Dissolved ZBA, laiked volunteers.
_ 6 ; 5/0 1 0 °2~yrs ` Advises PUCOM on needed ordinonce refinements
. 7 . . 10,500 p : . ,.3 yrs : In-house training suicess:
8 , . : 10,000 %71/0
0 . : . _ 6 @ 3 yrs;
1'@ 1 yr - Tough reputation cut iaseload
9 1769 t,5/0 2, $20p 3 yrs (ontruded to Horris (ounty,_,.
.10 $20p . , .3 yrs ; (ontraded to Hurris (ounry
11. - 5,600 4-7/2 10=15 0' = N1 wmbines P( and ZBA.
12 ~ 15,000. ,9/2 1 15-30 0.3 yrs One member from PC
13 = l 9,000. :5/2 1 .12 0`• 5 yrs ` Regular training with nsk maoagement specialist
14 14,000 ~ '5
/2 16 . - 0 S,yrs "lawyer employed to compose_writteo decision
15 . 13,000 A ' I w$35pd ± mileage : 4 yrs One member from each of ifie six townships.
.:16. 13;859- -7/2 : 7. . `30-40 Oy '.4yrs -Needstraining.
--17 16,270 5/2 2, '16 0 3.yrs : Hears variances anly. ~
' 18 19,311 1. ` `40 0< :~.3.yrs ~-Administration appro4al of home occupations cut msel6od 44%`~~
19 23,000 '.5/0 t..' 20 0_ 5 yrs . Two- term maximum Gruit (ourt appoimz members; stute level e:
fr`! _tC.
: - ' :-troining program.
20 21,000 ~ 5/2 ' 1 40-50 0 •1 yr 1 P( member must serve on IBA.
'21 12,500 310 ' ` A 6-10 S15/m; S25 chair • 5 yrs
g:pa
22 22,000 9/0 1 24 $0 . 4 yrs ,:$3,500 trainingbudget. Cam6ined P(/ZBA. . IR~.~.
23 23,000 . _ : 5/3 . 1 : 30 - Pass 3 yrs 24 16,389 5/0 l 50 S17.SOp '4 yrs NO reviews all applications; appeals go to IBA
=
25 10,000 5/0 , 1 24-36 0 5 yrs 95% approval, ethics problems.
26 18,000 7/0 2 40-50 0 3 yrs
27 23,000 1/0 2 12 0 4 yrs Combined PVZBA roles is confusing.
28 35,000 5/4 1 60 0 4 yrs City council appoinis one regular and one ahernate, mayor lhree
regular ond one altemate, PC282 with one from the extrdterri- ;~Y;:~.f;
torinl jurisdidion; HO for rouiine coses.
29 29,600 5/0 2 20 0 5 yrs
30 28,880 5/0 1 60 0 5 yrs
31 25,000 5/3 1 10 0 5 yrs "Routine and uncontesied" requests are admininistered.
32 41,000 5/0 2 110 CS10K S yrs ZBA has counsel in addition to the five regular members.
Others S8,500
y;
33 34,000 5/3 1 30 0 5 yrs `
34 21,600 5/0 l+ ? 0 5 yrs State law: five- or seven-memher board with no more thao
- involved in real estate.
35 43,000 5/0 1 131 SSOp 4 yrs
36 41,000 710 1 15 " 5 yrs Annual dinner to rerognize board members.
31 25,500 110 " 1 15 $25p 4 yrs Because of increased demands in the last four years, the board
gone from two meetings a year to a monthly meeiing.
38 27,000 111 2 25 $15p 3 yrs Recenlly increased from 5 to 1 members.
Key to Communities
1 Washington Counfy, NE 14 Warrington Township, PA 27 Centerville, OH
2 Eogle, CO 15 Benzie Counfy, MI 28 Columbus, IN 40 Evanston, WY
3 Draper, UT 16 Denville Township, NJ 29 Mason Ciy, IA dl Auburn, WA
4 Vail, CO 17 Brookings, SD 30 Manheim Township, PA 42 Marshalltown, IA 5 Genoa, IL 18 Brentwood, TN 31 Uintah County, UT 43 Trohvood, OH
6 lexington, MO 19 Winchester, VA 32 Southampton, NY 44 Reading, PA
7 Presque Isle, ME 20 Golden Valley, MN 33 Torrington, CT 45 Rapid City, SD
8 Worthington, MN 21 Fronf Royal, VA 34 Urbandale, IL 46 Taunton, MA
9 Waverly Hall, GA 22 Villa Park, IL 35 Oldham County, KY d7 Champaign, IL
10 Pine Mountain, GA 23 Webster Groves, MO 36 Lombard, IL 48 Roanoke County, VA
11 Ocean Township, N1 24 Huntington, IN 37 Shelby County, KY 49 lowa City, IA
12 Traverse City, MI 25 Sfreetsboro, OH 38 Delta Charter Township, MI 50 Youngstown, OH ~
13 Springville, UT 26 Tullahomo, TN 39 McLean County, IL
2
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•
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s,~.. Cit jr Pop at~nn° Mem6~ sP o vs~; ets;
1~S•iro;"y~.tt`4~,'~=d~t~
i eage~ 4a~~m~mbe~teq~eogrupir~er s
~40'~~M~ ZBA u mnd 'up ai P,~& Z~commissioners.
+'rF
A1 ~stti36000,~;~~~K ~ Os ~l 40-5 ~ b/fiout~ ^ ~ ~ ~Heanng'ex~mt er~
~ . x
,000 , ~/,0'6i yrsx ~ 5omemembers are.in eih6fth,term Hu~ to f~n ;
~ J ~y O~~ 4 °qt 4 - t' , ~ J): J ti$ i• .
~rl'~~ ~ ~ ~'l ~ g z : ~ + ~~,~z~,~:~~.~knowled ea6le~nterested eo le rnthout conNid of in e'rest
} ~ -r .'s'Ct+~.~`~a>. r ~ -'1..y j <~t-+; r a ' m ~ ~ ~
45 ' 60,738 r 5/2,~ , 2 100 ~ F~ 0' _ `2 yrs ^ Appomts peopfe famdwr with desmpiwn of devefopmeM on~d~~~t
caristruthan.°=-
=4b 52,000 5/2 1-~- ^ 120 2 J%rs ?Appointed until November 1995 Now eleded to iwo-year teims~` ~
a;Chair geh' S1:5K; others $1 K.
41 1. -`65,000 .712 .10 ,15 0 ..~.j: ,..5 yrs , Codiiying'siandord vorioiions has diminis6ed ccses~
Z~ i,2K 4 yrs Significant emphnsis on trainin9•~"
48 80,000- ' 20-25 ~ 49 62,700 . 0 1 k 3 yrs" luncheon and certifimte to honor retiring bonrd members. Full = I z:a - . . , term members cannot succeed self.
50 95,732 710 1. . . 35-50~ ;4 yn ZBA indudes four citizens and three ciry.staffers. limiied io
two terms.
'_#J# indicales regulars/ahernates #pd = pay per diem
see commenls for dariiitation. ZBA ='ioning boord of odjustmeni' is usad genericalVy far what is
A= as needed. Meetings are uheduled only when necessary. also known as a board of adjustment, :oning 6oard oI
H0= Heoringofficer. odjustment,boardo(toningadjustment,plonningondzoning
#p = pay per meeiing commission, ef al.
-4~e Nwture of ohe Offece Genoa, Illinois, recently converted from using a ZBA to
Scate enabling legislation generally governs terms of oFfice. employing a hearing officer. The problem chere was not conflict
Most board members are appointed, usually by the mayor or of interest, but lack of incerest. Ciry administrator Keirh Schildt
ciry council, but in some cases by the district courc that hears reports that the city concracted a professional because no one in
appeals beyond the local jurisdiction. Taunton, Massachuseccs, the community wanted to serve on che board. recencly made ics board an elected body. The firse group took Finding volunteers is further complicaced when appoint-
office last November and will serve for two years. Other mencs have to meet special criteria. For example, McLean
communities place elected officials on their boards by requiring Counry, Illinois; Benzie Counry, Michigan; and Columbus,
a council member to chair che ZBA. Planning commissioners Indiana, have geographic criceria. Appointees must come from
are ofcen required to sit on the ZBA, and in some cicies the separate townships or districts to ensure equal represencacion. In
whole planning commission doubles as the ZBA. Columbus, one alternace must be from the excraterritorial
All che boards in this survey were composed of five, seven, or jurisdiction. Profession is another common ciiterion. According
nine members. Five is most common, with 31 communicies, to Paul Dekker, director of communiry development in
buc 19 have one or more alternaces who serve when a member is Urbandale, Iowa, state law allows just two real estace profession-
absent or is excused from a case due to a conflict of inceresc. In als on the board. Informal professional cricrria are very com-
Youngscown, Ohio, the board consists of four appointed mon, usually aiming co find esperienced people. Rapid Cicy,
cicizens and three stafE mernbers. South Dakota, seeks members who are "familiar with design,
The length of term varies from one to five years, with most development, and construction issues," says senior planner Tim
communicies opting for three, four, or five years. Two cities Huey, noting that the current chairman is a retired chief
allow just cwo cerms, noc including the completion of an building official for che ciry. Among the other regular members,
unfinished term. This concept runs contrary co the concerns of he adds> are three general contractors and a furniture store
several respondents who pointed out the difficulry of finding owner. The two alternates are the school discrict's building
appropriate volunteers to serve. Mark Scursma, assistant zoning manager and an architect. Planners generally look for candidates
administrator with the Region Six Planning Commission in who will not require much training, resulting in the frequenc
Marshalltown, Iowa, says some board members there are serving appoincment of citizens who have had prior contact with the
their fifrh term. "It is difficult to find members who are planning department.
knowledgeable and interested and who do not have frequent In Presque Isle, Maine> however, planning and development
confliccs of interest," he says. director Jim Brown says officials go out of their way to bring in
fresh faces: "We put out a cattle call when we've got vacancies.
We announce ic in the newspapers, on the cable channel, and ac
Micbae! Barrette is a for»zerAPA research associate currently in public meetings. There is no staff inpuc. The ci y council selects
graduate school at DePaul University. candidaces, interviews them, and makes the appointmencs."
3
. ~
i
Training Board Members decision making so that they now take their work very
!
Without a doubt, adequate training is the primary issue for seriously," he reports. Brown is confident that the board is
planners working with ZBAs. Training concerns, successes, and moving in the right direction. "They are involved in the process
failures dominated the comment list. Horror stories include a and they leave here with their eyes open," he says. "They are -
board with a 95 percent variance approval rate, conflicts of constantly calling things to our attencion: `Did you see the new ~incerest, and controversial cases with indefensible decisions. sign?' or `Do you know abour the new garage?' I can't tell you
Some communities' board members are able to participace in how gracifying it is to see board members coming in on their
state-level or APA training programs, but Springville uses an own time requesting addicional information about an issue."
unusual source. "Once or twice a year, we require our board Brown insists that time invested in training is well spent.
members to go through a risk-management craining session run '"It is really hard For a planner to guide an untrained board,"
by our liabiliry insurance group," says Jo Evans. "They get very he says. "As single voices in the wilderness, we can't be
specific training on what they can and cannot do, and the risk- effective. Buc when a board is educated and well prepared,
management representative puts them through different the results can be profound. Ac one time variances were
scenarios so they get some practice. It is very effective when easily granted in Presque Isle, but they are now the
your liabiliry insurance representative stands up and says, `You exceptions and not the rule."
cannot do that. You cannot violate your own code."' -
Many communities lack access to training programs but still
prepare their board. Iowa City has an in-house program run by
Melody Rockwell, board secretary and associate planner. "Every
Cou~ O~erturns
member goes through an orientation upon appointment," she Feedlot Ban,
reports. "A workshop is held every two or chree years to discuss
prococol, due process, the quasi-judicial nacure of the board, A legislative battle is brewing in Iowa over livestock
and the importance of clear statements of findings of fact." The . confinement operations, triggered in part by an Iowa Supreme
training works. It has been more than 10 years since an Iowa Court decision in late October. The ruling, in Thompson v.
Ciry ZBA case has gone to the district court. Hancock County, No. 264/94-692 (Iowa October 25, 1995),
Presque Isle also has developed a home-grown training overturned Hancock Counry's actempt to impose zoning
regimen. "The ciry solicitor was concerned about the qualiry of regulations on a large hog confinement faciliry, holding chat the
the board's decisions for a long time," says Jim Brown. "The Iowa code makes no distinction between such operations and
code enforcement officer and I decided we had co take the family farms. Under Iowa law, agriculture is exempt from local
initiacive before we were faced with a heavy lawsuit." The officer zoning regulations. Although a later statuce states that feedlots
consulted with the'ciry solicitor to launch the program, he are subject to local zoning, the court held that the defir,ition
notes, adding chat elecced officials "aren'c necessarily interested described only outdoor, open-air facilities and not confinement
in docting the i's and crossing the t's of land-use documencs, so buildings. As a result, says Franklin Counry zoning the staff becomes responsible For protecting the cicy's interests." administrator Robert Hofze, his counry board of supervisors has
The Presque Isle ZBA's recent past is somewhat checkered. decided "not to fight any of these confinements coming in."
"At one point," says Brown, "the ZBA was really practicing de Franklin Counry already has one such operation, he says, that
facto zoning because they considered each case without regard could be considered commercial. Holze says Franklin Counry
co the land-use code or the existing zoning." The code had been perceived as the striccest in the state on "holding the
enforcement officer's efforts have changed that. After the regular line" against such facilities.
board meeting, Brown says, "we discuss selected copics from the Buc the Iowa State Association of Counties is supporting
land-use code or state statutes; legal topics such as takings; a legislation to creace new definicions of livestock confinement
smorgasbord of things. This fosters an understanding of what operations thac would allow counties to exercise land-use control
the code enforcement officer and the planners have to contend over such facilicies, says public policy analyst Robert Mulqueen.
with and what the specific language is thac empowers the board. Otherwise, he says, "we are losing control of our own destinies."
The focus on legal dimensions is very imporcant." In the meancime, some counties are experimenting with other
Brown says the board has responded favorably to the staff's ways of attacking the problems posed by commercial feedlots.
inpuc. "We have impressed upon them the magnitude of their Mulqueen says Humboldt Counry recently passed an ordinance
that subjects such facilities to new public health regulations as an
alternative to planning and zoning.
As of mid-January, according to Mulqueen, nvo major bills
Zoning News is a monchly newsleccer published by the American Planning were under consideration in the Iowa General Assembly. One,
Associacion. Subscriptions are available For $50 (U.S.) and $65 (foreign). uRV21Ied by SC2Ce SCR. BUII PC1C62, who chairs the Senate
Frank S. $o, Accing Execucive Direc[or, William R. Klein, Dimctor of Rescarch. AgCICUIIllCe COITIR1ICCeC, provides for some local control but
6 Zoning Newr is produced a[ APA. Jim Schwab, Editor, Fay Dolnick, Scocc Dvorak,
Michelle Gregory, Sanjay Jeer, Megan Lewis, Doug Martin, Marya Morris, Marty does not appeal to ISAC because of complicated exemption
Roupe, Laura Thompson, Reporcers; Cynchia Chcski, Assistant Ediror, LiSa sa«o., formulas based on such factors as the percentage of livestock fed
Dcsign and Produ«ion. with grain raised within 50 miles of the farmer's land.
Copyrighc 0 1996 by American Planning Association, 122 S. Michigan Ave., Suite Mulqueen sees this as posing serious verifcation challenges for
I600, Chicago, IL 60603. The American Planning Associacion has headquarctrs
of6ces ac 1776 Massachusetts Ave.. N.W., Washingcon, Dc 20036. counry officials. Another bill uses a macrix of "if-then"
All righcs reserved. No par[ of chis publicacion may be reproduced or ucilized in any propositions to establish a series oF regulatory expectations for
Eorm or bv any means, eleccronic or mechanical, including phococopying, recording, Feedlot operarors. The batde lines have been drawn, and counry
or by any informacion scorage and retrieval system, wi[hout permission in wricing ;
officials can expect groups like the Iowa Pork Producers
from the American Planning Association.
Princed on «cyded paper, iRduding soao% «<yded fiber , Association to oppose many provisions chey will support.
and 10% poscconsumer waste. ~ Jim Sebwab
4
05/01/96 09:59 V3034681208 NWCCOG IA 001
The Northwest Colorado Cvuncil of Governments ~G~t~ ~ ~{n_. •
U.
FAX MEMO
7Co: Couraty Commissianers, County A&riinistrators, Mayors, Towri Councal, Tawrr Managers,
NWCCOG/QQ Representatives lf+rmmt Lane Wycatt cand111onique Gedbert pDggee May 1, 1996
ACTION ALERT
Senage BiEfl 219, the iresaau-recg'ePae ~g 5B145, as oan the mmde agann. The bill passed out of the Senate
' yesterday and is headed to the Hou Judiciary Committee, and could be heard as soon as today. The bill
~ was originally made up of two parts - one part that would prohibit interstate water marketing and a
secand part which would grant lega standing to public entities to claim takings against other
governmental entiries. This second art, which QQ is firmly opposed to, was Temoved in the Senate and
passed out as amended. The word n the streets is that the takings section of the bill wn19 be adaDed fl~ack
iaato SB219 nan the ]~oaase. S~on should not be reinstated because:
13 It is another attempt to ch ge the Homestake II ruiings. The cities of Colorado Springs and
Aurora dOn't win in the co rts so their latest strategy is to circumvent the judicia! pracess and '
• go through the legislature ' stead.
° The United States Suprem Court agreed with Eagle County's argument that one Colorado
municipality does not have standing to. assert a takings claim against another entity in a
Colorado state court. It is well-settied malter of ]aw that a state subdivision has no federal
constitutional rights agains uncompensated takings by another subdivision of the state.
° Section 2 is an attempt to attack county and mur~icipality's 1041 authority. It is a backdoor
approach to gutting 10~ 1- if a county could face a takings claim for denying a project based on
1441 authorily, a coun~ may be hesitant to use the authority for fear of the financial
ramifications of a takings claim.
1PI¢ase eaH your representaBave '&'OyDAY and ask them go watch oaag for the taknngs language hebaag
addleaH back into SB219. ILe$ pmue' a'eQreseaagative know that yota oppose 3¢ctimn 2and ask them to
vote gga6nsg S3219 nf fit sontaans that Ianguagee ~
Representative Bryan Sultivant , (303) 866-29I6 Representative Jack Taylor (303) 866-2949
Itepresentative gtussell George 303) 866-2945
7Representative Ken C}ilouber 303) 866-2952
i Also, ptemse couatzet Judncnary tCmaea ettee ueeembers: Jeanne Adkins (R), Chair; Vdilliam Kaufrnan (R),
Vice-Chair; Vickie Agler (R); Diana eGettP (D); Douglas Friednash (D); Wayne Knox (D); IViartha IEll
Kreutz (It); Doug Lamborn (R); Peg Lamm (D); Gary IvTcPherson (R);1Vlarcy Morrison (R); Carol
, Snyder (D); Bill Swenson (R). All co 'ttee members can be reached at (303) $66-2904.
Please call Monique or Lane at (970) 68-0295 x 117,116 for more infosmation.
(getty Ford Alpine Gardens presents
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Vail Valley
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May 31- July 7
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~ u~ ~~xperience the Vail Valley through a
U~ remarkable month-long celebration
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' ~Vail'Valley Feskival of Flowers signals the start
i ~ /19 4)f
of summec;in~the Vail Valley, long recognized
; for the magnificent flower displays both in ~
i naiure and in surrounding towns. Beginning
~ FridaY, MaY 31, and endinS SundaY, 1ulY 7, the
. m o n t h l o n g F e s t i v a l' s e v e n t s w i l l e d u c a t e and
entertain visitors o f a l l ages, tru ly ce le brating ~
, • =j
the beauty of flowers in the Vail Valley.
• ~ I
I
This year's festiviHes include the "2nd Annual l~, dl ~ ~
Children's Butterfly Launch," free Saturday
~ tours of Betty Ford Alpine Gardens, a series of At an elevation of 8,200 feet,
high-altitude gardening workshops and lectures, ~e~ 9 .
" a~~ pna~__~
the week-end long "EarthFest '96, A Celebration is the highest public botanic garden in North
of Our Environment," a valley-wide garden America. Named in honor of Betty Ford for her
competition and plant sale. Vail Valley Festival many contributions to the Vail Valley, the
, 'r:~
of Flowers will conclude'with "A Midsummer Garden is fittingly located next to the Gerald R.
._Night," a lovely garden reception benefif hosted Ford Amphitheater in Vail's Ford Park.
I ' " :~.T.'~ N. :
President and Mrs: Gerald R. Ford. Currently, Betty Ford Alpine Gardens embraces
three dazzling distinct gardens in one unique
. ~
- Originating in 1987 solely as a competition to high-altitude setting, featuring more than 2,000
- . _ ) ; re ogniz o~standing residential and commer- varieties of plants. Winding natural walkways
~ cial gara'ens, Vail Valley Festival of Flowers has accented by waterfalls creeks and mountain
truly "blossoi/ried". Please look for the award ponds lin~k tJhese-u2nus/~ual disp ays./7The Gardens L•,J J~-.% v' G/ L/`r L7 C~~~ ~r '
{~,wirining.ga'rdens throughout the valley; they have been called a"jewel destined to become a
aie indicated by a Vail Valley Festival of national treasure," a true place of beauty and a
Flowers sign. quiet retreat from Vail's more spiriked activities.
~
~ 7 r'~ ~ i ~
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`•y~ ry~ / / ~ .
Friday, May 31 June 21-23
7-8:30 pm EarthFest '96
Sex Among the Alpines A Celebration of Our Environment
LECTURE/$5 ($3 members) Ford Park, Vail
y Manor Vail Lodge, Vail
Saturday, June 22
1' , ~7 f June 1- September 2 llam - 12:30 pm
: - . • ~ f ~ ~ Saturdays, 10 am Rocky Mountain Wildtlowers
Free tours of Betty Ford Alpine Gardens Don Eversoll
_ . - • ` ' r . LECTURE/$5 ($3 members)
. . . • ~ a1 ~ ~
Saturday, Jime 1 Manor Vail Lodge, Vail
10 am
2nd Annual Children's Butterfly Launch Saturday, June 22
Betty Ford Alpine Gardens 1-1:30 pm
' •r ' rti~~<, } Kids' Container Gardens
1 • + r"-;;'~~ ' Saturday, June 1 FREE Workshop
10 am Ford Park, VaIl
• t ' How to Plant a Butterfly Garden
FREE Workshop Saturday, June 22
r 1 l , Betty Ford Alpine Gardens 1-1:30 pm
Soil Preparation
Friday, June 7 FREE Workshop
4-7 pm Ford Park, Vail
Members Preview Plant Sale
BFAG Plant Sale Saturday, June 22
East Parking Lot, Beaver Creek Resort 2-3:30 pm
Native Plants for High Altitude Gardens
Saturday, June 8 Nicola Ripley
, • ~ ~ '%~r ~ 8 am - 2 pm LECTURE / $5 ($3 members)
BFAG Plant Sale Manor Vail Lodge, Vail
East Parking Lot, Beaver Creek Resort
` ~l Friday, June 28
Saturday, June 8 7-8:30 pm
10 am Pizzazz with Perennials
How to Build a Trough Andrew Pierce
i4 FREE Workshop LECTURE/$5 ($3 members)
BFAG Plant Sale Manor Vaif Lodge, Vail
• .r East Parking Lot, Beaver Creek Resort '
JulyS&6
- ~ Saturday, June 8 lOth annual Garden competition
r~ ~ r~ i~% 't 11 am
Container Gardening Sunday, July 7 ,
J ' FREE Workshop 4-6 pm
BFAG Plant Sale A Midsummer Night Benefit
East Parking Lot, Beaver Creek Resort Betty Ford Alpine Gardens
~
~ r ~ 5 } Friday, June 14
i7-8:30 pm
Waterwise Landscape Design Room rates starting at $35 per person per night,
~ ~ f 1 ; , .-c , T ,
v Gien Ellison based on double occupancy, subject to availability.
LECTURE/$5 ($3.members) Please call 800-525-3875 for information. Summit
Christie Lod ge, Avon and Ea gle County resid e nt s p l e a s e c a l l 47 6- 5 6 7 7.
• t " ' ~ .
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A non-profit organization, the mission of . , • GARDENS:
Open Dawn to Dusk, Snowmelt to Snowfall
7 days a week
Free Ad
is to cultivate harmony between plants and people • mission
Located
in our mountain environments. We are nexc to the
• Gerald R. Ford Amphitheater
horticultural pioneers teaching and Fora Partc, vail
celebrating the value of plants in our '
lives. We provide unique educational . oFFICE:
. 183 Gore Creek Drive
and environmental programs; we encourage , v,i?, Colorado 81657 .
970476-0103 phone
community beautification and plant research; and 970476-8702 fax
we create and maintain Betty Ford Alpine'Gardens.
Vail Alpine Garden Foundation's horticultural and
environmental education programs are carried out
;w by 2 full-time and 1 part-time staff inembers, plus
more than 100 invaluable volunteers. Support is -
• generously provided by members, foundations, event sponsors and local government. Last
summer the Gardens hosted 85,000 visitors
from throughout the world. Please
contact our office if you would
like more information on how
. to become a member.
We hope you can join us
for this year's Vail Valley Festival of Flowers. ,
vGill
Vail Valley Festival of Flowers sponsored by: A1pirie
oooao 953, Garden
°NORWMr "
~~~Q~ I~Med to your frequenry~ Foundation
I
00a00 ~ http://cissus.mobot.org/aabga/member.pages/ford/
X C rAL
Northw~~~ ~~~orado Council of,Govern~4~ients .
1995 Annual Report.
CommunIlty Development Quality Controi Commission, the Governor and the
- The Community Development Departrnent is continuing EPA. The 208 Plan is used at the federal, state and lo-
its focus on growth coordination, grant assistance, con- cal level to implement water quality management. Ad-.
tinuing etlucation, regional data and facilitation. for ditionally, the Water Quality Program provided technical
meetings and focus groups. assistance to local communities in reviewing develop-
During 1995, the tlepartment also completed the follow- men4 and wastewater treatment plant plans, as well as
ing special projects: serving on three State Task Forces (Mining Water
• Planning Commission Training was provided for the Quality Task Force, Site Application Critical Review
towns of Minturn, Fraser, Yampa, Oak Creek, Grand TQam, and the Nonpoint Source Task Force), and rEp-
County, Hot Sulphur Springs, Kremmling antl Avon. resenting the region's interest in appropriate State Wa-
ter Quality control Commission hearings.
• Grantl County and its six towns received assistance
in hiring a firm to complete a growth management plan.
•Eagle County received assistance with its open space ElevatorInspectIlon
plan. The Northwest Colorado Council of Governments Ele-
. vator Inspection Program began its
1996 projects include assistance . first full year of operation in 1993.
with revision of subdivision regula- iVWCCOG Provides 7rices
hat time, most of the ele-
Prior to t
tions, development of a parking and Advocacy withivators in the region had not been
plan for the town of Minturn, com- progPam areas: . inspected.
pletion of the study of atypically . Skyline Scx Area Agency on In the first year many of the eleva-
large homes, a feasibility study for Aging tors were found to be in critical or
a Routt County indoor arena and . Comrs?unity Development hazardous condition. By 1995, al-
assistance to 7 communities with ,Elevagor lnspection most all of the elevators have
fiscal impact fees. .~~drgy ManaQement ' moved to the safe or incidental
. yyater Qua/sgy categories.
Wateit° QuaRity lNater Quality and Quantity The program has also grown from
PNannbn491 units inspected in 1993 to 589
~ units in 1995. tiost of t hG progi-am
In 1995 the Water Quality Program growth has been due to inspec-
completed its revised draft Regional Water Quality tions of new elevators.
Management Plan (208 Plan). The revision process, The program is supervisetl by NWCCOG and an advi-
which was begun in 1993, was done from the.bottom sory, committee comprised of local builtling officials.
- up, examining each of the drainages in each of the.wa- Each jurisdiction:
tersheds and working at the local level. The Regional 1) passes an ordinance authorizing the elevator in-. .
Policies were developed using individuals who had par- spection service and establishing the $150.00 per in-
, ticipated in developing the watershed plans and repre- -spection fee to building owners and;
sented a great tliversity of iriterests, including: 2) signs a letter of agreement with1 NWCCOG to pro-
developers, environmentalists, miners, ranchers, plan- vide #he service. -
ners, sanitation tlistricts and ski areas. The NWCCOG During 1996, the advisory committee will be challenged
board approved the 208 Plan on March 28,1996. Now to plan for future program growth and staffing arrange-
the document will be submitted to the State Water ments for inspection of new elevators,
Northwest C-olorado Council Of Governments
: - 1995 Annuall Repor.t.. , : = . .
- SIZyIIIl~ S1X Area health, and safety problems (gas leaks, furnaces.with
, carbon monoxide. or a cracked heater'exchanger, ~etc.)_ .
`Agei]Cy Oll A'glllg thatwe"re corrected by the weatherization crew. - fn.:1995 the - Regionaf ; Advisory Cornmittee of - 1995 brought a change in the Stafe management of . SSAAA. atlopted_ new by-laws, significantly ezpanding the Weatherization Assistance Program_ (WAP).: 'In
. the representation on the:.council and authorizing a 1995 the Colorado Division of Housing (DOH) agreed
- grant review committee, which will be responsib1e for _ to. transfer State management and ~ oversight of. the makin,g budget ?and fund= . . ~ . - " WAP from DOH to the ,Govemor's. Office of Energy . `
, - - ing recommendations. - . . , . Conservation , (OEC). These changes will be im- . NWCCOG 'EXPERTISE - OEC;has assumed full
plemented in.1996. . - - - . ' . - . resporsibilityiGi %Clvi0- ~ :Another.• innovation •Nort hwest COG has a twenty -three year history of rado's .WAP effective. .
r. was the launch'ing of the : developing _intergovernmental funding formulas and 'April 1; 1996.
"Nutrition Project Contribu-.. ;delivery of effectiVe regional services that„are beyond' (nDecember' ,
- tion InitiatiVe" which was the -scope of any one local, government.' As a re- 1995 at the annual ;
designed to educate par- gional planning. and; service delivery. agency, we are
9rant 9uidance meet-
.
able to fulfill the need. for shared technical expertise I •
- ticipants about the -real ing, OEC announced
. cost of the meal_ ($3:81. in and program cost sharing. 'ttiat consolidation : of .
1995),, the importance' of In 1995, NWCCOG:provided a 4.7:1 return on invest- 'local we`athecization •-ment to its membership. agencies was bein the contributions, the use, , . " _ - 9 -
. of the contributions and encouraged as one
the purpose of the program. A kit was.developed with way to. cope with- possible Jmpending . budget cuts.
. - marketing materials including posters,'brocfiures, table " OEC, has allowed the current 19. Coloratlo WAP provid- terits, press ,releases, etc. and distributed to meal site ers to continue to deliver the weatherization _program , staff,-site councils,. County Cou`ncils on Aging,-Senior for the 1996 program year, but has announced plans to.
Coordinators, RAC members, and NWCCOG Board stress consolitlatiorr, and ~to develop',a Rule-Making :
Members. process to developthe ,procedures `whereby ~local '
- The results.of the "Nutrition, Project Contribution Ini- agencies will be shut down antl consolidated with other
tiative", have, been impressive. .The average donation . areas in.1997. f1/~ • . I~ q'I i " - . . ' . . •
increased irom )1.65 in'1 y~4 to A ~c,u ~ n' ,A i 995.. , , . - _
Water Quality / Quantity.
1995 SERVICE STATIBTICS . ' ~.The mission of QQ'is "To enable its members to protecf . , 41,175 Meals SeNed . , and enhance the, quality of Colorado's waters_ while fa- . . -3,154 Outreach Fersons `cilitating the responsible use of those.resources for, the.
. 40,548 Transportation Units - ` ,
1,842 Hours of In-Home Service- . good. of aII Colorado citizens and i'ts~environment:" To- _
- ' 69,887 Information and Referral Contacts Ward this end, QQ seeks :to .(1)' protect local govern= ,
. : . , ment land use authority (particularly Colorado 1041 _
. . ` authority); (2) educate ifs.members regarding wafer,is-
. Energy: Management `sues affecting Region Xll; (3) represent its members_in
, The Energy, Mana;gement Department continued its --various .water, , quality and , quantity advocacy: groups,.-.
' emphasis on' quality. in 1995' , In 1995, ,81 . h,omes throughout the State; (4) develop Region Xll's r.egional across. the region we~re weatherized, Households re- ~ 208' Plan and defend it before the Colorado Water . ceiving weatherization enjoy not-only a more energy-, Quality Control Commission, and; (5) offer var'ious sup-~ - efficient home; but;also a safer one.: In.1995 appr.oxi- port _services to its members throughout the year (i.e.,
" mately 2/3 of all'homes weatherized hatl`one.or more newsletters, quarterly meetings, etc.) : . . . , ,
r
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T0WN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
970-479-21 DO
FAX 970-479-2157
FOR InAMEDIATE Rf~~EASE
April 25, 1996
Contact: Andy Knudtsen, 479-2440
Senior Housing Policy Planner
!lA9L COAflIIAONS HOUSING LOTTERY NETS 76 APPLGCATIONS FOR 53 UfV9TS
(Vail)--A major step in the Town of Vail's tirst employee housing development
occurred today (4-25) when 76 applications were accepted for the Vail Commons
housing lottery on May 20. The applicants are competing for the chance to own one of
53 homes to be built on the West Vail site at prices one-third below the price of
comparable homes.
. 1lVith just 27 applications in hand by the close of business VVednesday (4-24), town
officials saw a rush of applications this morning (4-25) which nearly tripled the lottery
pool by the noon submission deadline.
Program administrator Andy 6(nudtsen, the town's senior housing policy planner, said
this morning's frenzy was electrifying. "The excitement and energy from those involved
was truly memorable," he said. "The local banks, mortgage companies, employers,
landlords and others throughout the community really pulled together to help each of
the applicants obtain the documentation they needed to submit."
Of the 76 applications, 10 have applied for the three-bedroom units; 63 for the tvvo-
bedroom homes; white three businesses have submitted applications for any remaining
units. Two of the 76 applicants are Vail homeowners willing to deed-restrict and sell
(more)
RECYCLEDPAPER
~
Add 1iVail Commans Lottery
their current property if selected in the lottery.
Some unforgettable stories emerged during this morning's excitement, Knudtsen said.
"We had one person pick up the application this morning at 8 and was able to submit a
completed application four hours later. Someone else stopped by to submit an
application on behalf of her soon-to-be ex-husband," he said. Several others waited
anxiously by the town's fax machine for supporting documentation.
There was also the couple with a baby due in two weeks who worried if they would
qualify for the three-bedroom unit and a couple contemplating marriage to qualify for
the three-bedroom home. "People are getting excited as they begin to envisian which
home could be theirs. IYs wonderful to be able to help people become homeowners in
Vail," Knudtsen said.
The prices of the homes range from $107,500 for a 922 sq. ft. two-bedroom, 11/2 bath
condominium to $159,500 for a 1,452 sq. ft. three bedroom, 2 1/2 bath, unfinished
basement and two-car garage townhome. A deed restriction on each property will cap
appreciation to three percent annually to keep the unit affordable for future Vail
residents.
The next_step in the process will be an evaluation of the applications and subsequent
ranking into four tier groups based ori length of residency and employment.
Willingness to deed-restrict current property within the Town of Vail provides an option
for bonus points, Knudtsen said. ThE tier group placement will be published as a
matter of public record prior to the May 20 drawing.
Some of the townhomes will be ready for occupancy by September, with the
(mare)
e
1
4
Add 2/Vail Commons Lottery
remainder completed each month through May of 1997. Ground has already been
broken on the commercial component of the project, which uvill house approximately
13,000 sq. ft. of retail; a 55,000 sq. ft. City Market grocery store; a 170 space
underground parking lot; a 3,000 sq. ft. day care center; 18 employee rental units; and
improvements to the frontage road.
For more information, contact Knudtsen at 479-2440.
# # #
MEMoRANDuM
TO: Vail Town Council . FROM: Community Development Department
' DATE: April 10, 1996
SUBJECT: Procedure for the April 17, 1996 Design Review Board, and April 22, 1996
Planning & Environmental Commission Reports.
Due to the cancellation of the Tuesday, April 23, 1996, Vail Town Council meeting, the Design
Review Board and Planning and Environmental Commission reports will not be heard on April
23rd. The following procedure has been set up for your review of the Design Review Board and
Planning & Environmental Commission reports.
Attached to this memorandum are the agendas from the Wednesday, April 17th, Design Review
Board meeting and the Monday, April 22nd, Planning & Environmental Commission meeting.
Should you have any questions regarding any action taken by the Design Review Board, please
contact George Ruther at 479-2145. If you have any questions with regard to any action taken
by the Planning & Environmental Commission, please contact Mike Mollica at 479-2144.
If, after discussing your concerns or questions with either George or Mike, you wish to "call-up" a
decision of the Design Review Board or Planning & Environmental Commission, please let
George or Mike know of your decision (this must be done no later than 10 days following the
DRB or PEC action). Comrriunity Development will then contact the other 6 Council members by
telephone and request that each Council member vote for, or against, the call-up.
f:\everyone\counci~memosVnforrpl.409
' PL.AtdfdlPdC AND ENVIRONMENTAL COMMISSION
April 22, 1996 '
FINAL AGENDA
Prolect Orientation / Lunch 92:15 prn
Site Visits_ . 9:00 pm
1. Hiib/Cummings - 2338 Garmish Drive 2. Lionshead Gondola
Driver: Jim Public Hearin4 2:00 p.m.
(Diane Goiden, Greg Moffet and Kevin Deighan absent) =
1. A request for a major exterior alteration in the CCII Zone District and a conditional use
permit for the replacement of the gondola located at Tract D, Vail Lionshead 1st Filing; a
portion of Tract B, Vail Lionshead 2nd Filing; Tract A, Block 1, Vail Village 6th Filing,
Tract C, Block 1, Vail Lionshead 1 st Filing, Lot 4, Block 1, Vail Lionshead 1 st Filing, a
portion of Tract 6, Vail Lionshead 1 st Filing, and an unplatted parcel of land located in the
north 1/2 of Section 7, Township 5 South, Range 80 west of the 6th Principal Meridian.
(A more detailed description of the above referenced properties may be found in the
Office of the Department of Community Development).
~ Applicant: Vail Associates, Inc., represented by Joe Macy .
Planner: Jim Curnutte
MOTION: Henry Pratt SECOND: Gene Uselton VOTE: 3-1 (Galen Aasland
opposed)
APPROVED VUfTH COND(TIORlS
2. A request for parking and site coverage variances to allow for the construction of a new primary/secondary residence,located at 2338 Garmish Drive/Lot 12, Block G, Vail Das
Schone #2
Applicant: Dave Hilb and Greg Cummings -
Planner: Jim Curnutte .
• MOTION: Henry Pratt SECOND: Gene Uselton VOTE: 4-0 .
'T'ABLED UNTIL MAY 20, 9996
3. A request for an amendment to Title 17 of the Town of Vail Municipal Code to allow for .
the inclusion of a"Plat Title Format."
Applicant: Town of Vail Planner: George Ruther _
MOTION: Henry Pratt SECOND: Gene Uselton VOTE: 4-0 APPROVED
4. A request for a Major SDD amendment to allow for the use of the Cascade Club tennis courts as a conference/exhibit area on a temporary and intermittent basis, located at
1300 Westhaven Drive/Cascade Village. Applicant: L-O Vail Hotel, Inc., represented by Chris Hanen
Planner: Randy Stouder
W(THDRAWN
5. Information Update
6. Approval of April 8, 1996 PEC minutes.
. 7. Community Strategic Planning Process - SVail usan~Conne ly3 Suzanne Silverthorne. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 _
TDD for information. -
,
Agenda last revised (4/18/96 9:30am)
DE~IG~ BOARD ~~ENDA
AgsrflIl 17, 1996
3:00 P.M.
~~~~CT ORIER1TAT8ON/ 1[.Nl~CH Il~~~~
~ITE Vff3ITS Ile45
1. Lionshead Gondola Building
2. Watkins - 1799 Sierra Trail 3. Safeway - 21511V. Frontage Road West
Driver: George
1. Safeway - South facade alterations mm
2151 North Frontage Road, West/Lot 3, Vail Das Schone, Filing IVo. 3
Applicant: Katy Press, Area Real Estate Nlanager
MOTIO]V: SECOIVD: VOTE:
CONCEP'II'NAL -1~O VO71'}E
2. Watkins - IVew single family residence RS
1799 Sierra Trail/Lot 17, Vail Village West 1 st Filing
Applicant: Julia Watkins
MOTION: SECOND: VOTE:
CONCEPTNAL - NO VO7['E
3. Golden Pealc Ski Base - Changes to previously approved plans and conditions of approval JC
485 Vail Valley Drive/Tract F, Vail Village Sth Filing and Tract B, Vail Village 7th Filing
Applicant: Vail Associates, Inc. _
1VTOTION:-Brent Alm SECOIVD: Ted Hingst VOTE: 5-0
APPROVIED
- 1
i
.J
Agenda last revised (4/18/96 9:30am)
4. Vail Associates, Inc. - Conceptual review of new Lionshead Gondola Building JC
Tract D, Vail Lionshead 1 st Filing; a portion of Tract B, Vail Lionshead 2nd Filing;
Tract A, Block 1, Vail Village 6th Filing, Tract C, Block 1, Vail Lionshead lst Filing,
Lot 4, Block 1, Vail Lionshead 1 st Filing, a portion of Tract B, Vail Lionshead 1 st Filing,
and an unplatted parcel of land located in the north 1/2 of Section 7, Township 5 South,
Range 80 west of the 6th Principal Meridian. (A more detailed description of the above
referenced properties may be found in the Office of the Department of Community
Development).
Applicant: Vail Associates, Inc., represented by Joe Macy
MOTION: SECOND: VOTE:
CONCEPTUAL - NO VOTE
5. Serranos - Changes to previously approved plans JC
298 Hansen Ranch Road/Lot C, Block 2, Vail Village lst Filing
Applicant: Glen Heelan, on behalf of Margaretta Parks
- MOTION: Brent Alm SECOND: Ted Hingst , VOTE: 5-0
~ APPROVEID WI'I'H Il CONDI'g'ION
6. Town of Vail - Request to construct temporary bus turn-around JC
Tracts A& B, Vail Village 7th Filing
Applicant: Town of Vail
MOTION: Brent Alm SECOND: Ted Hingst VOTE: 5-0
APPROVED WITH 3 CONDITIONS
MEMBERS PRESENT MEMBERS ABSENT
Mike Arnett
Brent Alm
Clark Brittain
Ted Hingst
Gene Uselton -
Staff Aorovals
Earle - Addition to existing residence LW
2407 Garmisch Drive/Lot 15, Block H, Vail Das Schone #2 Applicant: Jim & Deberah Earle
2
'
A
Agenda last revised (4/1 8/96 9:30am)
Sridge Street Lodge - Window modification and addition of planter boxes. LW
278 Hanson Ranch Road/Bridge Street Lodge
Applicant: GPH Partners
Vail Associates, Inc. - Golden Peak temporary site development sign. LW
458 Vail Valley Drive/Golden Peak Ski Base
Applicant: Alan Aarons, Hightech Signs -
Linn - Addition GR
2625 Bald 1Vlountain Road/L,ot 11 B, Block 2, Vail Village 13th
Applicant: I)ennis and Sheila Linn
\ATilcar Inveshnent - Deck enclosure LW
600 Vail Valley Drive /IVorthwoods Building E
Applicant: Nedbo Construction
Torgrove - Deck enclosure LW
600 Vail Valley Drive / IVorthwoods Building A, Unit A-18
Applicant: Howard Torgrove
Schmidt - Changes to approved plans GR
1410 Buffer Creek lZoaci/Lot 6-1, Lionsridge #2
Applicant: Leroy Schmidt
Sonnenalp Swiss House - Window change GR
20 Vail Road/Lot K, Block 5-E, Vail Village # 1
Applicant: Johannes Faessler
Sign language interpretation available upon request with 24 hour notification. Please ca11479-2114 voice or 479-2356 TDD
for information. -
3
ZAI-IL .
• . . ' • ~o Al'AM~~ ~
" s '~~uir°osm bud~~~ ~~~~~ed
SANTA FE - The city council has nearly doubled
•~q ,W the advertising budget intended to draw tourists to
.a ~ New 1Vlexico's capital city. Council members said Santa Fe's national image"
'needed a jump start, so Wednesday they unanimous-
-°-ly approved'a one-year, $817,000 contract with.ImL."=~
' - pressions Advertising of Santa Fe, beginning in
; • ly.
.
That's up from $447,000 the city allotted for the
i . . : current fiscal year. -
~ Alan Silow,. director of the city,
.s conventio
. ; ~ visitors bureau; said the campaign will likely; sti
~ ;.to the:'.`Santa Fe, Where Traditions Live On" the'me"~~ ,
, • which has won national awards and produced-'good results in the past.
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7-
f:ii~r:~:~9:g. -
sunday, April 21, 1996 SECTION H Expe
Colorado's top 10 L
8raffic problems
erpetual rush hour
Numerous transportetion system repairs are naeded in
ColoraAo. Nera is a look at aome of the projects the
state is locusing on. ~ r -
From Vail to Denver along I-70, the Sunday drive has become the
-j. . ~
Sunday horror. After five years of booming population, Colorado's transportation system is in a state of decline. Citizens will have to pay
~ -
Shorliall:;13 bllllon .
12`.. more if they want more. How much will it cost to do the job?
: n;. 24, , . . .m'~. m~oe: cawaeo ow.m~an a
R ems weeon pstn
oo ing econorny t es toll on highways"
By Michael Booth
. . ..t' ~ . ~ oernervov.sienwrne, N'a,na~amsi~~~ . .
.-...,lenmood Springs needs . a . . - Y*''i'61'~">' •'^t-'' § ix--r :1(~.«
caaaaooev— a Tmnaroneuon money Its small•town ~ ~y i , z 4 i r, t ~ ...,,s y- .
•
. . .t ~ .:.:z•4 . . :
unage is shattered ev-
l ery morning a city-
slyle trat[ic jam at I-70byand the -
1. Problems range from conges- Highway 82 overpass, and a pain-
o tion (the stretch through the tully alow trip south lo Aspen
ElsenhowerTunnel has 8.5 mil- adde Iroult to injury.
lion cers a year) ro deterioratinq Limon fs looking [or big bucks.
pavement closer to the bortier. The intersWte lifeline to easlem - -
Colorado and beyond is crum-
bling, slowly devolving trom free-
way to gravel, and the truckers ~
2. Road needs to be widened, who deliver most of the state's
25 possibly with e cerpool tane Boods are oot happy.
added, particularty on stretches ~nver is cash-hungry. Driving
Mat havenY been rebuilt Since from downtown to the Tech Cen-
' ihe 1950's. ter gets harder every day, and -
wheNer the solution La a train, a
~ new lane or a bus lrack, the an-
~ , .
. swer always involves hundreda of
millions of dollars. . . .
'1~0 r 9. Safery is an issue on ihe 40- Neady everyone agrees trans-
mile stretch of iwo-lane mountein porWtion is Colorado's big prob-
roatl that goes rner Woll Creek lem, today and tor decades to ,f
~ Pass anA has heavy Wck traNic. come. Now a top-level panel ap- -
pointed by Cov. Roy Romer, and
wiN the blessing of big businezs,
environmenfal leaders and elecb ed officials, has added up the crost
4. Twalane roatl laces fieavy of fixieg things.
cammuter rnngestlon, wlth The total comes to =19 Diltion
20,000 cars e tlay and neeCS to over lhe next 20 years, and most
be widened to four lanes, possl- of lhat is just to keep roads, brid-
blytolncludeacarpool lane. He ~ reilways and airports - not : ~p~,~pm I~~
to mention air potlution -(rom Trattic becka up In aoutA Denver on IMeretete 25 neer Franklin Stroet tluring a rotent mominp nlah Apur,
getting worse. -
i,That's $IJ billlon fn oew taies, the moneY needed to eolve the Colorado haa a hiato of ooc Local4rattic Incresses 1991-1~
to and all of stete leadero will be coming Problem. facing N em until Itb a6soWtelY
us in the next 18 months Permanem trattic-monRorin sttes are loated Mrou ho
~~0 / S. Congestion (15.000 vehicles to see wha is wiliing to address Demands tor a new aupply o[ necessary, Walcher eaid. V 9~~tadoan° •
heavlty traveled roads. Here is a look at some.
e day havel the roed) and safety Colorado's No. 1 complainl with tranyP°~4oa money rome from "There's becn a mentatity t6at
are drMnq a recommendation lor a broad coalition, ranging trom it you dan't build Il, lhey won't Crippb Creek SH 21 ~
widening the Iwo-lane road to environmenfalists W C6amber of crome. G170 on lhe Front Range Cohez, SM 160
,a1f1eneg 111'eeivilth @rends ComI112ICe ofticials, from Durao- waa a greal e:ample of Nat. They Blxk n~wk, SH 119 (3 yws) ~
1987-1995 8o to Burliogtoa They say the tu- come anyway eod ao what you
ture of moving people and goods build fs yean late avd coste e lot Gunnlson, SH 135
~ In Colorado depends on a ma/or more," he eald Clenwood 9prings SH B2
-11.Ax cootrewnW push to rethink and rebuild cearly U flnally movfng forward w1U e Cala~do Spdnps, 625 anA &pu
8. ThJ t&mlle atrettH cerrles 4 1 25.6% every traaait route in t6e state. wlutlon W ib I-70 and Hlghway GlenwooE Sptlips, SM 82
12,000 vehlCles e dey - 8 pfob VeAkie mll. Mwim I "We know people are going W 82 mesv, but it didn't have W be so Pueblo-Colo. Spdnpe,1-25
lem when only pert of the roed (sute nqnwew) 25_2g have W pay. We know t6at'e 4ou- dIIticutt, he added. Dureripo Fa~6 SH 160
hes been cnmrertad from two to Vehkb mlbs tmekE I bleeome," sald Su flawk, vtce "There'a been aome of thal at Buena Vlsp, SN 285
bur lanea ~~0w ~l°'") President [or rnmmunica6om at work In Glenwaod. If they'd bWit PueOb, I-25
I "oor mrce 17.8% the Deever CAamber of Com- WLq 20 yean ago, it wou1M'L 6eve Glemxood Sptlnps,140 I I merce. "But we do fAink trampor cost oeady Nie much," he eaid. p 5 10 15 20 25 30 35 1141 ~
MOtorrMkbS 132% tatlon la a probiem we will all Romer appointed his glue Rib
I ~ have to embrace in aome way, hon Panel on 7Yam rtatioo after
7. Mostly Mro lanea dght rrow, popwiion 12Y. a~ aooner raNer tlhan later." a seriea of towo meetings aod 9Q"O"C~ n'°o°"cr
~ ~ Me heavlty iraveled commuter The aooner rather Wan laler is- opinion polls put populatlon Eour monlha of mcedngs wilh a 25 peri~ml At the eame tlme;
roed is gredualy being wldaned '20% '1D% 1% 20% 30% sue .is, key, said Greg Walcher, grawth and the accompanyiog eobering report. (latloo aod more d[IMmt;;et{ti
ro fouc The 55-mfle stretch car Constant Eollars president of l6e Club 20 business tra[tic tirups as the biggest wor The slale populstlon went up 34 pus6ed down Ne real valoeaf Jad
ries 27,000 vehfcles e tlay. and promotional group on t6e ries among Colorado residents. percent in the paat eight yearo, '
souRe: cooT rne o«Ne, vw~ Westem Slope. Last week, Ne panel rnecluded and t6e totel miles driveo ehot up Please see TRAFFIC orl
i
( 8. Some sections of the 195-mile M~ing 1°oadQ Qmai ri ~(1~° Fa11C~111 11~~
2 7 stretch of old roadbed date back ~J 1J1i?71 .
This new state-0i-thaa~t m wei0hs,
to 1938. The road, which has O CILSSffiLS, IdBfIfi11BS, YBIrtIBS 2fld dlfQCtS ~
neavy truck cmnic, is one of rhe ~~d~~~ ~ongestion commercial vehlGes at hiphway speeds. p~y blg 1°ol~ ;
most eatehoreied in me srete. This afso allows commercial vehicles
to completery bypass the ~ Ao
By Dlneh Zalger pair. The struggle arises when all of t6e ports-0i_ntry and in C~ A7ol11 ry l1L1o1HY~s~.'
osn.e~ vost euau~ess wr~ur money gces for patching and repairmg welph sta6ons, si 61
9. About 20.000 vehiclas a day l'Tf't could 6ave been a disaster in the aod t6e accasiooal new inlerchange, plan 4 '285
~ trevel on the six miles of roatlway making. A ahabby converted achool ners say. A well•maintained iofrastrur .y~~.. By Emlly Narvaoo
in a high-groxrth area. Some bus was slalied in a southbouod lane tare is emeetial W buiiding smart high• ~m an.ar roe~ e..xws wrox _
~ siretchas ere beln9 widened. ot Id5 at 20th Street just as an aflerv ways, but "some percenta6e of lhe # ido t' s tecbnically pmsible t6at a 7Y-mph
oort Rockies game wound up and the. ~'emPO~<ion badget haa to be reserved commuter tralo may comedycarr)
eveeing rush hour began. (or a vision ot the tature;" said Walt Fa4 200 paamgas from Udon SlaUOO io~
Instead, tratfic dis atchers could see rooer, manager ot intelli nt traasrta•
P Be P~ wntowo Deova to Dmver Intema-
the incidmt as It happened along a stretch tioa and auWmated highway systems [or tional Airport, city tramportatloe plna -
10. Corgestion and sefery ere of "smart WHhwa
~ Y" e9uipped wit6 video Wckheed Mariin. nen believe.
problems on the seven-mile cameras. They dispatched a tow truck and Managing trat(ic is "e dlfterent mind- Rad~NM Bul 'u It economicall9 tesdble7 •0
ull stretch of Mro-lane roed that car- the resWt was Nat a potenlial mesv turn- xt lhan building more roads," he said. Tealske ' ~Thet's wbere Doug Jads comes lo.'• `
ries 18.000 autos every day. ~~to a~r ~ronvenience, unnotlced And because a lot o[ it is "be6ind•t6e• At Wetr own upenee, Joun' commer-
~a: Cyo„do pp,rloern a hNaportabon by mast drivers. acenes" tind of technology, fLe public ot- cial development compaoy, The ]ooe Rr ,
Similar incidents are reported dozens of ten doesn't nolice tLat a Va[flc accident is elty Group, and a gaop of Wcal ami ro~ ~
~ timea a day around metro Demer. cleared up in 15 Wnules imtead of a hal[ WtleYnh _ ~o~ m py~..~. ;
As traftic has inereased at the rate of "eIr trsln•" woald mst aed who awld pay ;
a6out 9 percent a year statewide tor t6e In faM, tech [izes are already being em .~for IL past elght years, and truck tratfic has ployed oo main aKeries in metro Demer T6ey've been working wlt6 Ma7ar,We1- '
;IOY-SO MICROBREYmS 6rown about twice as tast, traaait plan- W help ease fhe tre[tlc congevtion. ' ~~r pmt linglon Webb'a offltt on the projea•[br ~
Creft brews' have been rocking the netion's ~msinglY tum to high-tec6 solu- 0 Temperoturo AeteMOrs, about the two ye d 6ope W get the tratq' es- ~
650 billion beer Industry, lately, eS trend-COn- tiom to manage the roads. aize aed s6ape of a hockey puck, embed- f18 of tl18 8t8tB'8 Srt19A hl hp0 ~ an~ an atlmated $150 milllon, ;
:clou9 uefters hade Budweisers and Mill- We canY build ow way out of mnges- ded in the road aurface along tey 9 r meking;(G 29-minute Joumey ae early es
tion," sald Neil Lacey, researcH imple- stretches of Wghway alert road crews 0 elforta b to automete Foru ol ~ y~r, Jooe~ datd. ~
:r9 for t IikBS 01 GoeC3 BfeBth bpCk bBer mentation apecialist with the Colorado when the rpadwa is be to freeze. eMry foreommerelal truekere. p• a,po ~~y ~y'm
and Beartooth Blueberry ren Leger. But man of Y 8~06 Me r va rtatlon i 'heSB Speciel~ b9ers e't IOVIn I creked Traacportation Department's intelligent '7t saves dme and money, because we pi9s outfiqed wRh relatlrey Ine:pen- eee nout m tne rupve wiitnout aedue~e
n little brewer es. Behind the trendy Image ettord ~ ti oo eyatems ottice. "We can't koow when to dispatch a sand or chemical aive radio teehnology een be welglred trom cntrepreoeurn Ilke Jonn, dly. Mtl• :
if mlcrobrews Is en intlust filled with mar- tcuck end where it's ceeded dght awey;" 8nd theU Id2ntlfic8don CheekMd wh(18 ~7. A dwiodliug teda~al bnlg~eto~- would Lace ; BbWdgg said
t's :eting froth. Pege 3 ry m Il~uo ammil~e to add two~la es8toythe to 6e mosl e[f~tive~.~1'~here ah0re i15 ot0the ~ey're trarell~ down Me highwey. The ~$~jy~e a d locaa lnepo~rtatl n:eeed€ '
downlown I-25 corridor belween Speer aeosora ia metro Depvet, and more are scales ere embedded in the roedway, over the oect 20 yean are pIuhlag govern- '
Boulevard aed Broadway, it t6e atate being deployed statewide on intersWtes BIOt19 wlth en 811t8f1t18 th81 f@I8yll thB mmt inW We amn ot Ihe pdvek eeetor. ~
could get the rights af way and major state hig6waya at atrateglc lo- Informatlon to tlre poA'a eomputer. M And av the car<hoked dreeb cantloue `
"We have to be able W dMect sitoatlore catlons like bridges or areas that are the Wek is entered In the afete'a dete- L. Impact tne emt of doinq Dm-se,, Ia= :
'Rm FORINA end respond right now lo keep things mov- ahaded and where ice torms soonest, dwtry ie etepplog op W the PVpe wlth' gov.
ing. Il's a real chellenge,•" Lacey said. ¦ Loo b9Je 8nd h88 8 hEnlp011dBf 011 bOB~d,
wo IOCe~ Surgeons formed Skin Sevef Sys- But it ma be easier to bWld smart road auace,tcrole t m(urmati o about 8fld k'a underthe 80,000-pound wefght t.~d oylg wa o k h~ocon' fo mplw aye~e.sr
~ms Inc. In 1994 as the exclusive worldwide y
censor of thelr patented wound-dressin ~H6ways than it will be to sell them W the the number of vehicla paaing over and ftft+ n'a aignaled ~e en eleetronic road who dde thebw or putling uP mune9 1or
9 public. "Patholes or a new lane of high- how fast they're traveling, "Because $ign ro move on. rne nrat pon, in rdnl- euch comple: proJeed ae Jones'; One:
•upport system. In The Post's montnly Pro way are lots eesier to see t6an moving we`re rn1leMing data real•time, il we eee ded, h89 D2B11 If10PBf8UW1 gI11C! 1~A4, 6roup L eveo working an We 1de~ 01 P toll'
4rma feetufe, our penel of eXperts oHers tra[tic around an accident faster," said trat[ic be imin to aloa, we can take roed thet wauld perallel t-Sb trom PoeElo
he Aurore-besed Compeny some business Joho Kil jaq manager ot the state's intelli- ateps to noti[y ddvers that wmething'e ~Otl1Ef, 8t DUmOM on I•70,18 B1cpeCtBd ~ Fort Collim.
dvlce. gent tr aosportation syslema' program happenia8," yecey aaid. T6e loops ere lo be eompleted leterthia year. And en- ~~p a vltal pnrl d
Everyoce hes a vested interest in mak• try pofb Bt MonuI1Mn18nd Foft COIIInB Ing sure the sfate's roads are in good re- Pleese see ROADS on 6H 8f9 8upp0lEd W bB OW8qOn81 In 1997. Please see BUSINE98 qp,4N
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'yY,"".y cy ~ - ya` ~ y:,2t " z . ~ : ".tr- . ° _ _ _ .+~k-,rr e~ E'~ . . ~ 4. ,a. f.""`~..Y•~.+ .
THE DE7Wa:Post; : .
-TRAHSPORTATION ~o .
itsusinesses assumin maJo° r ro1
~ e
Ot.:, • •
ln tackling transportation issue
s
~
BUSINESS from Page 1 H "It depen8s on how long you want Romer's Blue Ribbon Panel on Trans-
to sit in traffic jams on I-25," .Wells portation.
the irffrastructure - it has so many teased. "I would have paid that the "It's very difficult to gst people to
impActs on our future services in the other morning to get to work." change," he said.
prfvatle sector," said Del Hock, chair- Niotorists already are forking out Steve Coffin, aLso a member of the
marYand CEO of Public Service Com- 50 cents to drive the five-mile stretch panel who is vice president of Colora-
pany 6f Colorado. "Beyond that, it's a of E-470 from I-25 to Parker Road do Interstate Gas in Colorado
quatity-of-life question that's key to which is now being extended after a Springs, said an estimated 30 percent
busiiiess. It's one of the reasons that series of legal battles and financial of the company's 600 employees
CoIorodo is economically viable." hardships. Seven governments have leave their.cars at home. That has
"I 'think (businesses), like the citi- worked together since 1987 to come come about partly because of a Clean
zens,, recognize that (government) up with the financing for the project, Air Campaign pilot project that tem-
just'building more roads is not the so- wluch has included the sale of about porarily allowed employees to ride
lutior~,to the problem. $654 million in bonds. the bus for free, he said.
T6e air train would still require "Seriously, I think that we have en- It's going to be up to business own-
sofne;level of government subsidy; tered in the United States a period in ers to enact more of those type of i~-
mosf likely the city would use its Which we are going to pay for trans- programs that make it convenient for.
bonding authority to back the project.. Portation and highways," Wells said. employees to get to work, Coffin said,-
The, operation's income would flow "I don't mean in the old sense (with "They're going to be very key in
from "corporate sponsorships (the taxes). I think we're going to have to getting their employees to starC doing
Coois Silver Bullet Train might be a PaY at the toll booth if we want these things like ride sharing," he said.
possibility), train fares that would improvements." Hock and other egecutives may al. ;
ruii $8 to $10 for a one-way trip, and Grimshaw admits that "just about so be able to help the state create and '~,C
perhaps retail leases at stations along everything is left to be done" on the later sell to voters a possible ta$ in.
the route, Jones said. project. At the top of the list is ac- crease for transportation. Such an Jones and city officials are confi- 9uiring the right-of-way and finding initiative, wluch could mean anything
dent t't?e project will happen - possi- the money. from a new charge on vehicle regis-
bly starting as soon as next year - if "I think it's pretty clear that trations to an increase in the gasoline
the.financing is in place by the end of there's got to be some way to relieve tag, could go on the ballot as early as
199¢, "This is a priority," said An- the traffic demands on I-25," Grim- November 1997.
drew -Hudson, press secretary for shaw said. Businesses at some point may also
May,or Wellington Webb. "With the Most companies, of course, are be calied upon to help finance con-
proper funding, this thing could be up looking at far less ambitious plans to struction of roads that benefit t6eir
and running relatively soon. We'd like help relieve traffic. Public Service real estate developments, said Terry
to see it done by the end of the centu- has experimented with a van-pool Rosapep, director of transportation
ry," program to get employees to leave planning for the city of Denver. E
their cars at home, but it's been hard "I believe it's absolutel essential
The toll road paralleling I-25 is y
still on the drawing board. A group of to keep it going without constant pro- that the private sector has to be a
business owners a decade ago propos- motion, said Hock, a member of Gov. player in this," Rosapep said. •
ed to build the road that would run •
along the eastern boundary of DIA ~OMDINATCHER from a point sonth _of Pueblo to an
area north of Fort Collins. -
A traffic study on, the road done in This week's Treasury issues:
the last three months suggests the ~ Offering tomorrow of $23 billion •
project is economically viable, said in short-term bills, divided evenly be- • -
Tom Grimshaw, attorney for the tween three-month and six-month
Front Range Toll Road Co., whose bills. Settlemen4 da4e: Thursday.
president is Ray Wells of the R.S. Maturity: July 25 and Oct. 24.
Wells Corp., a contract management ~ Offering Tuesday of $18.75 bil-
company for special districts and lion in 2-year notes. Set4lemen4. REm i
public authorities. da4e: April 30. Maturity: April 30, . -r-1998. Yield estima4e: 5.9-6 percent. To fund the $1.2 billion to $1.4 bil-
¦ Offering Wednesday of.$12.5 bil-
lion construction of the 180-mile road lion in 5-year notes. Settlement date:
and an accompanying railroad line,
the April 30. Maturity: April -30, -2001.
company could issue bonds based
on yield es4imate: 625-6.35 percent.
the toils - 7 to 9 cents a mile or 9 Offering Thursday of $19.25 bil- ,;•>:}roughly $10 to $12 for the drive from
Pueblo to Fort lion in 1-year bills. Settlement da4e:
Collins. May 2. Maturity: May 1, 1997. Yield
Are people willing to pay that?
eS4imate: 5.4-5.5 percent. _
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. 92
THE DENVER PO6T SundaY. APNI 21, 188,~ .
~RANSPORTATION ~ ~
f -
Booming econorny takes toll on state's highwayg-,
AFflC from Pege 1H Sqll, there's no way to sugarcaat and come from the east throug6
wbat amounfs W begging for money Glenwaod Springs to work in Aspen. ,-r.;.. '
tano and oNer afele tramporfation trom a Colorado decWrate wary ol Weekend tourisLS and constaot ~"'°~C9euua by li percent, carving away aoy ta: increase. streams ot trucks make t6ings worse.
aLthe primary aource ot Uansit mon- No one, not even We Blue Rib6on p(ter years o( debate and struggles
ey tn We sfate. panel members, is sure who will step W come up wiW Ne maney, the city
_ ..1'he pnctical trsnlU are t6ere to (ocward to lead t6e polilical cAarge and CDOT are hearing rnmpleGop ot ~
ace trom t6e aendy Dreakdowu ot 1- for ~rcw trensportation laxes, a bypass t6at will provide an alier- v
7Q Eut W tLe moroing and evening "The answer is slill not clear. t nate route [hrough town toward Carv
feogle at I•225 and ParRer Road. there's a bt of support out thereBu. bondale, B asa l t and Aspea '`t~
~'hepercevt ot roads called good or Groups will step forward," said Cob Vanderleest said the eventual solu-
(Ait tell from 80 percent to under 40 fin. tion - light rail trom Glenwood
pe,rcent trom 1987 W 1993. A small Business leaders say they will be Springs to Aspen - is years if not dr
powt ot apending at CDOT pushed involved in a campaign, it not leading cades away, afthough a rnatitioo of
UY~t back up !n thepa st two years, the charge. They advocate the same Roarin Fork Valle
B y governments is
1 at current tpending Ievels, bad (orm of coatition that made up the in the process acquiring the railroad
'
'
ed~ wlll hit 75 percent ot the total Blue Ribbon Panel, combinin busi- right 1d30 years. ness executivet, environmentalists -o4way _
Average speeds dating Denver and local elected otficials. CDOT is kicking in $3.9 million tor F cdinmutea were 3l miles per 6our in a bridge across the Cobrado River to `.,wy
t99J. WLLh no new spending, that wili Leadership scarce link the west end ot fhe bypass to In-
drop W 12 mph in YO years, pnyone ONer politicians are more ske ti- ~erstate 70 at the ~t Glenwood ex-
P it, and for an und ass W take [he ~e~''x•.
WAOhasdriveaSuuthCotoradoBoule-cal of finding true leaders on the is- route heneath railroad trocks.
verd at lunchtime knows 6ow (rus- sue ' tratiog that dif(erenre can be. "I don't (ind an bod willin to The city will pick up the rest ot the
Tra(tic rnogestion truslrates the jump up and say, 'I support a Wx in- cost and vo[ers in recent years have • _
average retidwt trying to get across crease,' " said state Re . Norma.An- approved two increases in sales Ux
[own fn a hurry, but It's also becom- derson R Lakewood. P at a quarter-cent each, to fund trans ;g k
Ing a major cost (or business Whethg - '7 personally don't see a gas taa Portation projects.
er it's ddivery trucks waitin passm
g, penod I think people pa}• M889 tlen9it
throug6 long trattic signa4s or limited plenty for gas fax. I think we have to Other transportation e:perls m x~' s
(l employs, transporta- go oNer routes," she said. Leadership Colorado wam that a packageres
p F
tloo L. increasingly aeernncem for the on ta: issues is "going to 6ave to ' . • . ~ ent
erking for ed to state voters must include ~~~`~`='z ~
pFlvate aector. crome from Ne people at this point." mass transit and altemaGv es to the
' T6e Denver Regional Council of Somebody has got to take t6at TTMO.n
w~ronivnee~p~ua,ie
vemmentt eatimated the avera e cross and ca u1d mlutioh ot building more 6igh way ~0~~~~~ eeN9RflLi Communleationa Demer on Wdeo at the Cotodo Depertment uf
B rry it. Some6ady's got to Ianes. Metro-area rrsidents in partir teehnlden MeMn Byfleld monltoro trettlc erountl Transportetlon progem o
~ .re
t of dday, ln the torm of overtime do it, and I don't know who that some- have learned that rrew roads ffiee
~y
hour and or was jJJI ted per fuel, to be ahout 15 body ic going to 6e," said ular
Meikie7'ohn,
quickly (i11 up with more trattic, solv- o
n capita in 1895 - agreeing wi[h Anderson }hat no one in
;nQ from =1pet capita in 1992. the Iegislamre is willing to speak out ~ng noNing, said Karen Benker, a di- ^~~y.e ~~~~I_~~~ ~o
^
'1Cs the number one issue in the tor tates. r~tor ot RTD. ~ A~
Euainess crommuoit?," aaid Sleve Cof- Moreover, building new roads will dLL~~~ 1l
P Coftin said he does not know lead to more air pollulion violations.
.{in, vice residmt ot Colorado,lnterv whether Romer will step torward at- Colorado already risks losing federal
iatpte Gas In Colorado Springs. "IPs ter receiving the panel's report. Co6 money because of high poltution in t"' J 41
5nereasingly impacting our bottom tin dces believe, however, that with penver and ot6er cities; proponenLs to h~~^/lp smooth flovd of tr~.~°~6
~ine aod abitity W move goods around enough time and the right campaign, of major building projectx 6y law
_~?~'a transportation package could avoid have to p
. ` ~e knee-jerk vater.reaction that o(- ~utlon
worse. rove they will not make pol- pOADS tmm Page 1H stein said. "IPs about power and turf.
W9V8nuB BhOrtf811 (aster in the eziting lanes, ~cco}b(y~k
• len kills tax inereases. "The mass transit piece bas W be a 1 T~Y ~ a neu4al body tu coordi. to Falconer, traftic flow tAroogAtM~
At lhe eeme tlme rnndiUOns are dr The Blue Ribbon Panel itself want- p anted about every oort6ird ot a nate all these efforts and make it Eisenhoaer Tunnei coold be1m-
:cl#ning to troublesome levels, reve- ed to avoid scaring the public wiW its major part o( this program, or l don't miie on t6e HOV (Ngh-occupafrcy vr ~
.oiie for critical state and local trat(ic P g think the voters will bu the ) Pce°~~~ proved Y00 percent b
:13 billion rice ta . So in tAe middle qram. Every poll I've seen s6ows hiu~ a~ m~ on i-25 and are widely It the lurhwats can be setqed, using t6e same numbei u( ~e a~~on~
proJecv will fall =13 billian short of ot the panel's research, the members stron su or surtace-street intersec- highways ot t6e tuture may 6old a If t6e roads
ext~ting tazes over the nert 20 years, broke ott to hire a pollster to ask to- g PPort tor lig j ht-ral build- tions. At a tratfic aignal, (or e:ample, few a¢rytiyes, ylV0
„
N
, e 1 rnnrcluded, out," Benker said. l6e y y Falrnner and Lockheed Martin are uesdoft thbtimei It were takes to g amarter; E~l~fb
P~ cus groups ot a halhdozen cilixens ThaFS where the tax i debate ets de to keeu~atlcaii eztend tAe c-Automt- We have been undetfundin our each what tAe wauld be ling to r ead more complicated. RTD hasal- 6 traffic sage galgna, the ed YHlghway National
-plghways and roeds tor so lun g Nat y
Consortumea your loral grocery store.
8 pay, aad what kinds of frans rtation In order to 6e teasible, lhougp,
lt'~ going b take a long fune to get projecLV were the most important. metro Y eerean a dg6as We ezte tto some ~~c ~d suspended over seveo-year-long, public-private proJ- ~e tecMolo
-9ut ot it," aeid stete Seo. A1 Meiklr Polister Fioyd Ciruli tound the to- e2 Pertire parts ot lAe interstate, will ect designed to demonstrate whether a61e. TAaPa why the d e ced tf~ R-Amada
wil -tq ~ ebr Wghway,tund g'b ost m he n,creases9it a'itewc ondPtioosiwetax re asthe DenveghTecA Cen cr oer along otomatlyo o drivers elertg'them nd vecDl~e to automate highways way mnsortlum inNudes automoD k
~Cgislature ie the early 1Y805. meL The wanted s Santa Fe Drive. to slowin tr manutacWrers and parls make~s as
Y pecific examples g aftic ahead or suggesting Lockbeed Martin has a tot of ezpr well as govemment agencfes. (T6e
~Some e:istios statc money already ot wAat roads, rail iines ar brid es But RTD dces pot have the money an allernate route, bae been ahltted to Uampoitetiou. A tLe cew lazes wauSd bny. They waot- in its own cofters. To increase the rience wiW automaled velticles - it's Colorado DOT is a member). Aut~o-
~6u1 W move $115 Wllion ot nest ed tight rnntrols over how the mone RTD portioo of saim tases in the ~ ~'^Oree, mountcd over made automaled robot cars (or the makers Yn„ro ;r rhe„
~p m~~~ p and the probe A. y pq~~ iB00 ~
'e aWte budget surplus W CDOT was spent. y metro area, Ne legisleture muat aµ ~ HOV ae~nt of I-t5, monita the ~
iling t6rough l6e IegislaWre, a And they wanted local mnWl over Prove a bill allowing RTD W fake a~fic at alz locaqooe end emd tpe ~PSo9 on Ymm. ' will be doeble, Falmxr ea1d, sigolticaot boost over the depar4 some ot the money, b ensure that Du- ~x boost to the public tor a vote. ~~°`~tl t0 ~ ~ioTado Uepart- "It'a mentlaliy iy t6e "same techoolo- As for the smart yighway, RalaeO-
menCe annual $350 mlWoo rnnsWr rango would not seod all ifs mone to -Andenon said thal is currently im- ~ ment of Tramportatlan mini-com- 6Y• 1~ ePPli~ ditlercnpy," eatd Fal- er aeya lhe existing 1n[ru4potme
tlon hadgeL pe y possible, given t6e severe disWSte (or picture ~0 and ~ ~0 lhe ce~meras eW°°d. caa "It'e be a tl ma• ve COp~ The . ateering. 6rakln croold 6e modf(ied W .
,
Bat Melk~l~e~ w6o eopports tpe ~mp ads In Jelterson CountY, tor RTD at tLe Capitol. 8. ~ttle aad tew xw devfcee - Ior~~N~ exam
°u~P~°6 a°~sb t8at m~mLer la "If you'ro felking plq inveetmentt, "I've talked to enough legi~lators neuvered Into ditlermt positioas, 8~+9 ao a rar, tor uample, woWd be wlre 6arlcd elong tha rm~
"?ual a drop In t~e bucket" compared they've got to eee ell the conoec- ~~ow tLat won't pass, ryot every W~ f°~ we ca° e~ °e tEe epot m~~ied sn theY coWd take antrol of dlo beacuny m••smart up~,•,
~~tL what f6e etate needq in coming tloos," Cirull said. ~d? ~ eure we Mould Aave e Ilgbt Wmt'e causing a proDkm a~ d'u- ~ vehiclq end by reading seawn In white Ilnn palnted oo the ~p~!u
Y~• "They" include Durango City Coun- rail aystem. There u slill disUVSt ot Patch the approprlate help;' lacep ~e *~d woWd be able b mme It b a gut yoa pave to lactor In tLec~~
If the people of Colorado lruly ciltnan and Blue Ribbon Panei mem- ~e RTD board. And there's a~iety 881d Pr~~^~°~ dm~°a~oa doing notltiug. "HOw much 4lt wei6i~
adjnt better roads, new light rail lines ber Jasper Welch. La Piata County about asking tor a W:, even if lAe SOme (ulure technologiea are al-. Among tAe beoetils: traveting at W have employen ertive w tlmiR~D
Qr "IntelRgenC' hlghway ayatems to has 38,000 le and 60,000 re ister heat Is on RTD to ask tor it," Ander- ~dY 1° ~~°m' ~~~tent; taster apeeda, end betn o~•
ce0P g Fotd and Ceneral MoWrs are xll- able to pack more vehicles, moving ~01°~ ~rller. Eqtein eatd, ~
e' tratfic, Wey wlll have lo pay, ed vehicles, Welch said. S0° °aid. ing ca}s with on-board navl ation de.
e Blue Ribbon re port anggesta a While people on the Front Range That leaves the luture ot mass 8
,
~m8nu of fai inereasrs that coWd go talk about widening roads and im ~«ansit in a trattic jam ol its own, be~P drivere map the quick•
IEMV
to t6e puDlic tor a wte in November proving transit, Welch's part of lhe ~nker said. est roule to a destinatlon and alea You don't f1B@d yOp~
state is dealing with "Oasic satety is- "TAere seems W be a high demand fu~tion as secwity and eatety alerts. pyyn W8b Slt@
•.-T6e lint lncludes raising (p¢ motor auee" such as paved shouldero, he tor more rapid D trensit. But we dodt For ezam le, J Your car skida off t6e .
road
'tuel ta:, bumping up car registration said. ~en atter serving on the panel, have the power. We're stuck between , you can push a buttoo on lhe ' t0 8@II OO f118 n,
fels, shltting a large chuok of lhe he worties whetAer Durengo will get e~k and a hard place," she said. wrvire N~~e ~ ~ ttil•phone, and emergeocy Intemet! 17GGUARANTEED p~~ ~/_~j~
.8tote 6ud et aurplus to Cppi' every help from Ne state for its own s'unple ~me eolutions will have to come ~~~1e~~Y notltied. Right ~ ~ p~7~7, 1H ~
mw, the devices cost about 51,000. Free repoR teNs you hOw ~
pear, an allowing local districts requents, such as buildin eidewaiks an ~ cheap. En 'neers are tond ot But stems tha[ use two- wa ers to et FEE$! NO SALFS CFVIRG~S,
i
.?uc6 as RTD lo uek eales tax in- ne:t to transit sWµv. 8 building pew br dges and running are being tested now, aod the P egez- 9 Your own ad PRINQpq(,
,¢reases (or specific Drol~v. "It lhe ballot Issue is truly state- oew rail linee, but many ideas [or pected to retail tor around $500, on ihe INemet within one INIEHESi RA7E
Neig66orhoods tired ot uncontro4 wide, I think that it could be tair," $m~~i06 <<attic flow in Colorado which would make them attordable week and reach millions Availablt fm 1RA's or mgutpp1i~ I
led growty also are pus6ing develop- Welch said. "In western Colorado, the arise fram atunningly simple logic. tor mid-priced cars. savings dollars. " ee to ante up with impact (ees tor proo( is in the pudding." John Unbewust supervises Inter The end re+ult ot these devices is for just pennies a day.
,traoaportation. The panel aupports slate TO tbrough the mountains, by t6al, bad as congestion is now, it Call (303)220•7177 CBII HAOW fOP a~
; that rnncept, aaid director John Parr, MBtChiI19 ?U11d acclamation t6e worst Dottleneck in wou~d be [ar wone without tnem. YfCC 8UdI0 Qe~
i but local ot[icials eald Ney want W To meet lhose rnncetns, the pacel ~e aUte foc driven. Recreation and "qt fa1La on ho-hum ears because it ~j
~ keep the power to levy those (¢es tor is proposiog an innovative makhing ~mmemial trattic are pushing vehi- doesn't deal with the obvious things FOR LEASE 1-800-395-5552
~ themselves. tund. Some of the new taz money, it cle counts up 5 percent a qear at Ei- ~ry~~ DAY CARE FACIL141f y;
Whatevv rnmbination ot irew W:- approved by volers, could be laced senhower 7unnel. Unbewust said. qt ha peopie eee, 6ke potholes," Fal- e7[(, 29 1
. "
P cocer said. WE HAVE A NEW FULLY
~ es end vp on the ballot, t6e prire tag In a tund t6at would match local that rate, major improvemeriv will Maoy congestion problems stem APPROVED DAY CARE FACILITY
~ will be high. spending (or specitic projects. It be needed on I40 tar sooner Nan Ne from the fact Ne tra AVAI~BLE IN THE HEqVILy
~'Pd0 ~fBB IUIICh' Glenwood Springs and Aspen wanted ZO-year time frame of the Blue Rib ~~tion ~t- pOPU4ATED AREA OF
p bon stud work is not inteitigently coordinated,
Inc.
sWte hel to build a commuter reil Y. sald Mark Epsteia, president and SOUTHWEST JEFFERSON
"There u no [ree lunch," said Bob line down the Roaring Fork Vapey, At the same time, adding lams b CEO ot GAS Corp. ot Englewood. COUNTV REqDY fOR ; Dunphy, aenior researcher with tAe Wey would have to come up some ot I-70 on expensive Summit County ^W oCCUPANCY. viwl
-
' Urban I.end instltute in Washington, lhe money themselves be(ore asking real estate, oc through We Aard rock e have W use intormation tech-
~ D.C. "You're contenMing with years o( tor state tares. of Eixnhower Tunnel, quickly moves nobgies to make all the rystems - FACILITY IS LOCATED IN A
SHOPPING CENTER, HA$
~ eeglxt" Glenwood Springs otficials say that in~ the biliioos of dollars. Pu61ic tronsil, private can on the APPROXIMATELY 5900 S.F.,
Dunp6y said federal otflcials and same approach is already working to CDOT is sWrting small. The "twin ~gbways, city-street traffic - work pLUS OUTSIDE FENCED PLAV •ReSULis FltOM q is~ Igry~ gp.
~ thwe in otAer atates are going Nrough sort out some of the mess at I-70 and tunnels" just east of Idaho 5 rings toge[her;' Ae said. ~ AREA. ORIGINAC FACILITY NUS nDDED TO A NRRENf YIOy
; a process similar to Colorado's, Colorado 82. The town is a micro- have always been a minor irriWnt to and The counstate, tederal agencies, cit
l ~ OyyPENED IN FALL, 19g5. pqlOp OF 5.75~ qHn NO
~ prompted by a reatlzetion t6at t6e cosm of Colorado's transportation lravelers. T6ey go [rom the 6ti ht ty tgvs portationepar~- APPROVAL FOR 11B CHILDqEN. 3z, GUARANTEflD R A TE. YIELD
' budgettromciom tedera government problems, a crossroads where de- Colorado sunshine into ahort, dark, menls, l6e Re ional 'ham rtetlpp AVNIABLE THRU 4~I9.96. OXFORU
~ wW no longer be the aource for a mands of commuters, tourists and narrow tunoels, and trstlic baclw u xt+~~tnct
under -waaly have individual j- FOW DETdIL$ CALL CLass~C (oX mn-0i) ISquEF'ERRED
D . ~ MARY ELLEN ~4UITY UNDERWRI7'1"Ery BY X.
~ tramportatlon overhaul in any sWte. lrucks create problems tor everyone. at every rush period. The COlorado tfenlpor(eti0n de- (303) 9M19pp FORD LIFE INSURANCE COMPANY
Colorado votera may have Ihe per- Glenwood Springs itself has only So CDOT repainted the ireides of ~~mt iy P~~y ot app~ing oF pHOEN~X. nZ.
~ cepdon l6ey are already taxed too about 7,000 residents. But at least the tunnels a brighter rnlor, and dra- for a $5 miWon federal grant b Lroor-
; muc6 tor lransportation, panel mem- double that number, and some esti- matically increased lighting.
~ ben said. T6e Colorado fuel ta: is matgs say Uiple is closer to it, drive "That can give us up W a 15 r- d~te the vanous ettorts in t6b aii-
; relaNvely high, t6e report acknowl- through town every day. They are cent inerease in speeds;' Unbewust row~y meW region through a traes-
~ edged. But other atates apend [ar people wAO live in New Caslle, Sill, said. Wrtatioo management center/ A dr '
' more by raising other reveoue, and Ritle and Parachute and commute Denver Post corresPOndmf Ellen cision is eipected by July, dnd the
; Colorado ranks JBth among atates in every Oay to jobs in q ~
n n. communitiee selected will have 18 jNTERNET & WEB SOLUTIONS FOR BUSINESS
~ Vam rlaUon mone Miller and business wr(ter Emily monthv W'vnplement thetr projecls.
W y per residenl. Othen live in Gypsum or Eagle Narvaes rnntributed [o Nis repurt. ^The ml Problem u politicg•' Ep- OUtsource all your Intemet/Web need5 '
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Newsletter'9 '
Winter l 995-1996
y}~ E-Ae:-LE hANE
1N
CLEANUP PROGRAM ~
Public Information on the Cleanup Program at the Eagle Mine Supertund Sile.
~TL ~LE ` UP WORK ' PIACE
AT hLkWIT P_ ' K
One of the most prominent components related went extremely well and we finished the work about
to the Eagle Mine cleanup is the Maloit P~rk wet- one week ahead of schedule." After the soil was
lands area. Its orange-tinged soil was removed as excavated, about 15,000 cubic yards of clean top-
part of the 1995 construction '~~i = ,z • soil were brought in from off-site.
activities, and it is expected that Some areas were seeded last=fall,
a vegetated wetlands area will be but the majority of the revegeta-
established within about five years. tion efforts will take place this
An estimated 17,000 cubic spring.
yards of material were removed Throughout the actual earth-
from the Maloit Park wetlands moving portion of the project,
area. The material was transported dust control measures were_
across Maloit Park Road to the implemented, air monitoring was
.
Consolidated Tailings File, where it conducted, and no dust
will be capped. The two main - exceedences were measured. Also,
ObjeCtiveS Of the M110it P1Tk wet- Construction equipment is used ro Ycavare rhe a sediment control plan was
lands work were to: nlatoir PaTk wertands a.ea. implemented and precautions
• Identify and remove all soil with visible con- were taken to protect Cross Creek. Water quality
tamination or with metals levels at or above samples taken from the creek during the removal
"action levels" set by the Environmental Protec- and replacement activities showed that the work
tion Agency (EPA). had no impact on the creek.
• Establish a functioning wetlands by removing Explains Dick Parachini, Project Manager for
the soil described above from the area, replacing the Colorado Department of Public Health and
it with clean topsoil, and revegetating with Environment (CDPHE), "Any potential human
native seeds and plants. health risk from the Maloit Park wetlands area was
According to Viacom Project Manager Bob eliminated by removing the material and replacing
Neukirchner, "The soil removal and replacement it with a minimum of one foot of clean fill material." ?
B A G L I to 'o . T I) IG.TNE _
In the summer of 1995, the Environmental Protection Agency ^ Evaluate and enhance the Rock Creek siphon groundwater
(EPA), the State of Colorado and Viacom Intemational Inc. (Viacom) extraction system.
signed a new Consent Decree/Statement of Work for the Eagle Mine ^ Extend the Rock Creek culvert (which has been completed). project. This new Statement of Work requires actions which were ^ Modify the Consolidated Tailings Pile Groundwater Extraction
not included in the State's Remedial Action Plan. They include: Trenches (the first phase has been completed).
^ Monitor storm event/snowmelt runoff and groundwater in the ^ Evaluate the Consolidated Tailings Pile Groundwater Diversion
Belden area and evaluate'any potential impacts on Eagle River Structure.
water quality. • Continue Water Treatment Plant operations.
Monitor the natural springs which occur in the drainage near ^ Conduct Maloit Park Wetlands Removal and Restoration (which
former Roaster Piles No. 1 and 2. has been completed, except for revegetation activities).
^ Monitor groundwater levels in the vicinity of Maloit Park and ^ Develop a long-term inspection and maintenance plan.
the Consolidated Tailings Pile and groundwater quality trends in
Maloit Park. Public comments on the document have been received and EPA
^ Test [he Gilman/Belden area waste rock piles and evaluate po- is currently preparing responses to those comments. EPA will file
tential impacts on Eagle River water quality. the three-pariy document with the U.S. Federal District Court in
Modify revegetation performance objectives at most waste 1996. For more information, contact Gene Taylor, Eagle Mine
removal areas. Project Manager for EPA at (303)312-6332.m
- - - s s •m PRO o ll
. M-_ .
~~~~S NOTEID HM EAGLE ' ' R WATER QUALHZCY
For the first time in several years, the quality of and flow changes. It is important to remember that
surface water measured at several of the Eagle the overall trend for water quality in the Eagle
River monitoring stations did not improve from the River is improving." Even though there appears to
previous year. Explains Viacom Project Manager be an unidentified source adding metals to the
Bob Neukirchner, "The observed changes in the Eagle River in the Belden area, the 1995 water
metals levels are due almost entirely to increases quality data show that the amount of inetals addeci
which occurred in the Belden area, and were then to the Eagle River from other p reviously- known
carried down- ~~LE RIV~ii ~ATER I~A~C ~ DI~Sd3LVE~r ZINC CONCENTRAT:tt~1~~;::> sources has
stream." This .
continued to
information was decrease. For
presented in the March example, the
December 1995 amount of inetals
document entitled 3
added to the. rivei-
~~Repo~ o~ ~ad" ~ 2 Z in the Rock'Creek
nmmg to~tflne IEagIle o1 5 area and the Rex
~ver' Flats/Old Tail-
The reason Sep4ember ' _ ings Pile area
for the increase in o 05 continued to
metals concentra- 3 ~ OE. - E- decrease in 1995.
tions in the E 2.5 E E-1 1990 The charts to
E-i
Belden area is cz 2 E1 E- t 3 ~ 1992 1991
unknown. Viacom 2 1 5 E-1 1995 1994 1993 t h e le f t s how
dissolved zinc
identified eight nci 1 NOTE: The verticu( seale on eanc concentrations
c 0 5 chart represenu the ronceruralion of
potential sources U dissolved :inc in the samples luken measured at
for the additional Q_ (mgR=lmilligrumperliter,whichrs Ea dle River moni-
E- equivalent to 1 purt per miflion). The b
metals loading in E E ~ - concentrution oj d'usolved =inc ts toring stations in
E 1990 higher in the wittter (including the
the report, some E.7 ~ - month oIMardr) beruuse tlrere is less
E-13 1992 1991 March and Sep-
of whieh are not E-~ 1g94 1993 wuter in the river (i.e., less dileuion).
1995 This daes not meun that die actuul tember for the
related to the amount oj zinc enrering the Eugle past six years.
eleanup program, Riveri,sgreruer.
The March read-
but there are not yet any conclusive data. To better ings are typically the highest of the year because of
evaluate the situation, Viacom collected additional low flow in the river and the effects of early spring
water quality samples in the Belden area this runoff.
January and February. Viacom's remedial activities, including lowering
"Improving the water quality of the Eagle River the water level in the Eagle Mine, collecting seep-
is the primary goal of the cleanup, so the noted age and extracting groundwater in Rock Creek and
decreases in water quality are of concern," says adjacerit to the Consolidated Tailings Pile, have
CDPHE's Project Manager Dick Parachini, "but this been effective in reducing the overall amount of
does not mean that the cleanup activities are not metals entering the Eagle River.o
working. We expect to see differences in water For Q copy oftne'Report on Loading to the Eagle River, " December
•
quality from year to year beeause of the eleanup 1995,contactDickParachiniwithCDPHEat3031692-3396.
WATE1~ gu~ITy S L~~~ ON THE EAGLE RIVER
Each month, specially-trained field personnel collect ' Eagle River water quality samples are eo!-
WateT C1ll111ty Sc1i11p1eS frp111 elgl'lt 1110Z11tOIlllg StcLtlOZIS OIl •lected each month, rairt or shirte. Weafha
the Eagle River (see site map on page 4). The samples 'condJrlo,s such as exr.e»,er,rghnoW, avo-
"
are then sent to an independent laboratory where they lanche po[entia/ and woirt-deep snow can
; ofre„ make sawle couecr;ort Q chQne„$e
are tested. Results of the lab analyses are reported to
the State on a monthly and quarterly basis.
Dissolved zinc concentration is one of the key pa- . • -
.r.,
rameters for aquatic life in the Eagle River. In addition 1. _ to dissolved zinc, other elements identified by EPA
which are of potential concern for aquatic life are:
cadmium, copper, lead and silver.? -
0
The eIlghth coi9sti/'UACt1loF6. ~easoUll at Lp9.e Eagle Mflne SL~~ ~~an aF9. MQSfl,~ 1995 and Co8flti1H1ued
thrrouagh Noa~embero Pe-incIlpafl actavBte.es are §axmm.arized beYow.
Consolidated 7Cailings Pile E 1Vlaloit Park Area
The following work took place Approximately 17,000 cubic
at the eight million-ton CTP: ~ yards of material were removed
• Settlement of [he material '9c from the Maloit Park wetlands
placed last year in the former ~ f and transported to the CTP. Clean
Historic Pond area was -33 Z topsoil was brought in, and
monitored, and the material jeeK revegetation will take place this
was regraded. ~a~'~G E°1 ~ a spring. (See related article on
^ After the Lower Surge Pond page 1.)
was drained, about 1,000 CUt11C Existing City ol Mintum
yards of material which had water suPPiyweus
accumulated in the pond since Ne`" c"y oi M'"'"r" Watem''reatment Plan
Water Supply Well ~ C'feeK During 1995, more than 150
its construction in 1988 were ~ E1K
Maloit J,qo million gallons of water were
removed, and the synthetic . Park treated at the on-site WTP. The
pond-liner was repaired. ,o water to be treated comes from
° The north and east CTP Y Minturn several sources at the Ea le Mine
Groundwater Extraction ~ Middle School site, including the mine gself, the
Systems were modified to ~ Consolidated
allow for easier cleanout and rair^9g Pile . Water groundwater eYtraction and
Treatment seepage collection systems, and
maintenance, and the north Plant
system was eYtended to collect oy~ Bo~ts Lake~~ surface water runoff from un-
v~ . capped areas.
water which was flowing Em1 2A ApproYimately 3,000 cubic
around the westem end of the yards of dewatered sludge (a by-
original north trench. Former Locauon oi produc[ of the water treatment
• Approximately six acres of the . oid rairn95 Pile process) were placed in the
borrow pit area were ie- Rex Flats Area Sludge Disposal Cell, located on
claimed and revegetated. -
(See article on page 5 for more s top of the CTP.
Also, the area around the WTP
iiformatinn orr 1995 CTP work.) was paved.
g ~Q~ ~
isnoP Rock Creek / ~,ag Ii~i~a .
ti. -
OId 7['ailings Pile/1Rex lFlats Much activity took place in
~ ~ the vicinity of the Eagle Mine,
Revegetation work continued i
at these areas where mine ncluding:
material was formerly stored. ~ K~~ee ° Continuation of the Mine
Also, the ground under the _ ~ Po~ Drawdown program.
~o~ ~ ^ Continuation of the Siphon
trestle near the north end of Rex Estraction program.
Flats was regraded to minimize.. Eagie Mine 24 ^ Estension of the Rock Creek '
ondin
P S• ~ Gilman Culvert by about 800 feet.
Fall CreeK eelden ° Completion of the Mine
Water Recycle System in
~m~i~ Rock Creek.
JR.oaster Piles A.rea Former Location of ^ Collection of rainfall runoff
Revegetation work continued Roaster Piles E.73 data. This information will be
in the Roaster Pile drainage area. Pererson Creek used to help assess whether the
waste rock piles in Belden
E_1 . • Red Cliff canyon have an impact on
The OE symbol designates : Eagle River water quality.
a surface water quality 0 1/4 1/2 1 mil2 Upgrading the seepage collec-
Homestake
monitortng station for the Creek tion system in Belden.
Eagle Mine site. Installation of four groundwater
monitoring wells in Belden.
~ QGRAM
~~~~E MINE SHTE
Remediation of the complex Eagle Mine site is a long-term and a description of cleanup activities conducted to date. In
effort, and much progress has been made to date. In addition to order to obtain appropriate information for use in developing a
conducting the technical aspects of the projects, we take a reviscd community relations plan, project personnel interviewed
number of steps to make sure the community is informed about members of the local community who represented a variety of
cleanup activities. Community involvement efforts are con- area interests. Copies of the lEagle Mine Site Community
ducted cooperatively by the three project entities: Viacom Reladons Plan, Revised Septernber 1995 (and other project
International Inc., the Colorado Department documents) are available forreview
of Public Health and Environment at the following project information
(CDPHE) and the Environmental Protection repositories:
Agency (EPA). Ways in which we inform
the community ofthe status ofthe project Minturn'Town Hall
include this newsletter series and numerous 3-: - . 302 Pine Street - Minturn, CO 81645
public presentations and meetings. 970/827-5645
Site tours are frequently held to let 3 •
CDPHE Hazardous NYaterials
people see first-hand work thaYis Records Center
taking place at the site. Tour 4300 Cherry Creek Drive S., Bldg. B
groups in 1995 included: r~ x ' ' ` rt ` 4 ~ r ~•x,~. "
Denver, CO 80222 - 303/692-3331
• Loca] Media
° Colorado School of Mines D:tYing a 1995 stre roii,-, EpA Region Vgil Superfumd
Students members of the local
` Records C'enter
• Eagle County Commissioners preSS obse,-,•ed cleu„t,p 999 18th Street - Denver CO 80202
work i~~ the Maloit Park '
• Eagle River Environmental & i~~etlands area (uhove) ~03/294-1100
Business Alliance (EREBA) a»d o,: rj:e Co,,.soltdured Superfund Information lLine
The Community Relations Plan Tui/iiIgs Pile (left). 303/29.i-1807
for the Eagle Mine site was
updated in 1995. In addition to community relations activities If you have questions or comments about the Eagle Mine
proposed for the future, the document contains historical project Cleanup Project, or are interested in a site tour, please call the
information including an overview of community relations toll-free EAGL~:' MyNE ~~~ORAUTION
activities conducted at the site, site background information, LXNE at 1-800-722- 1154,a
IDOW@~ ~~~~~~~CAL AVAILABLE
The Colorado Division of Wildlife's
[sy t {'6 ~ .}J ~~,9 ~S~}
~~~ll'lr l~.S 9~~~"1 1N fp ~Y x k d~ <
(DOW) sixth annual biological assess- ` ~.'~~s~s v;~~'~' ± .
' •r~
ment of the stretch of the Eagle River ~ ; ; : _ j `f" • ~ _ .
impacted by past mining operations was
completed in October 1995. The report,
Annual Biological Assessment of the
lEagle River Superfund Site, contains
data on surface water quality,
macroinvertebrates (aquatic insects), and , " - fish collected last April; as well as
interpretations of data collected from
1990 through 1995.
The 1995 sampling activities showed
that fish populations continued to
P"
As purt of the DOW study, un electrical
increase in all of the affected portions of current i,r used to hrielly stun frsh
the Eagle River. DOW will conduct the (nbove). After the fish nre collected,
u~
S3me 3Ctivitles again this April. weighed and meusured, they ure
returned to the river.
For more information, or to obtain a
T{ae hiological assessment ulso iricludes
copy of the report, contaet Dick collection oj mnc.roinvertebrate duta
Parachini at CDPHE, 692-3396.? (rtghr). • . ~ -'Q' ~
11
WOo ~ ~~~~~~UES AT C~~~~~~~~~~~~ ~ PELE
In preparation for completing the cap on the 70 surface acres of the Consolidated Tailings Pile C~~ DE~~~~ BE ~~~~~REID
(CI'P), a considerable amount of work took place at
the 13-acre former Historic Pond area during the The three-layer protective cap which covers the CTP
1995 construction season. About 1,000 cubic consists of a growth medium layer (designed to
yards of material from the Lower Surge Pond and ~ support vegetation), an erosion layer (designed to
about 17,000 cubic yards from the Maloit Park protect the underlying material from erosion), and
wetiands were placed in this uncapped area, which ~ a low permeability zone (designed to limit infiltra-
is located on the northwest portion of the CTP, and tion of water into the material contained in the
were regraded where possible. Because these - L"I'P)• To date, the material used to make the low
materials were initially very wet, they w&e "disked" permeability zone has consisted of a very fine
and turned over periodically to speed up the drying ; Portion of the mine tailings. The last of this material
process. was used in the cap sections completed in 1994.
Final regrading to achieve the required design Since then, the State and Viacom have been work-
elevation for this area could not occur in 1995 ing to identify an alternate material to be used for
because some of the relocated material remained the low permeability zone in the remaining portions
too wet to support construction equipment. Re- of the cap.
grading of all of the area was completed in March
1996, when frozen conditions allowed construction The answer appears to be a relatively thin, commer-
equipment to work on the soft soil. i cially manufactured product called a geosynthetic
The underlying materials (which will settle due clay liner. This liner consists of a thin layer of
to the weight of the newly placed materials) are montmorillonite clay sandwiched between two lay-
now being monitored to determine when 90 percent ers of geofabric material. The geofabric layers hold
of the expected total settlement takes place. Tech- the clay in place and give tlze product the strength
nical requirements agreed upon by Viacom and to stretch and shift without tearing. The clay pro-
CDPHE provide that the final cap can only be vides the required resistance to water infiltration.
placed after 90 percent of the total settlement has Geosynthetic clay liners are made by a number of
occurred. This requirement is designed to limit the manufacturers and are being used extensively as
amount of settlement that the final cap will experi- ` Part of the liners and caps for numerous hazardous
waste and municipal waste disposal facilities.
ence.
Based on settlement measurements made to Viacom has developed an alternate design for the
date, the required settlement of this uncapped low permeability zone of the cap which includes a
section of the CTP will probably occur about six ~ geosynthetic clay liner. The State is currently re-
months after the final regrading. Since final re-
grading was completed in March, the settlement ~ewing the alternate design. If approved, the alter-
~
criteria will likely be met around August 1996. If nate design will be incorporated as part of the CTP
cap sections which remain to be completed.M
this schedule is met, the final section of cap could -
be placed late in the 1996 construction season.o
~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ ~ o 0 0 0 0 0~ o 0 o m~~~~ o 0 0 0~
~ E::' PR`OJE~T ~ ~ ~ (,2:,~;1'T Q
~ Viacam In4ema#ional Inc. Colarado peoartmen4 of Public Health and Environment ~
~ o Bob Neukirchner, Project Manager o Dick Parachini, Project Manager ~
~ Eagle Engineering Services, Inc. 303-692-3396 ~
303-235-0733 o Dennis Willis, On-Site Coordinator ~
o Chrisfine Crouse, Community Relations Contact 970-248-7167 ~
~ Dames & Moore ~
8 Eagle Mine Information Line 1-800-722-1154 o Marion Galant, Community Relations Manager
~
Q (If you would like to be added to the mailing list for the project 303-69273304
~ newsletter, leave a message including your name and mailing (fo obtain a copy of CDPHE's pamphlet entitled "Why Are The O
~ address.) Rocks of ihe Eagle River Orange?," leave a message including your ~
0Enviranmenfal Prafec4ian Agencv name and mailing address.) ~
~ o Gene Taylor, Project Manager o CDPHE Emergency Notification Number ~
L 3033 2-6332 303-756-4455 p~
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PARA 1Nmr%0':%RMACA'wL00%N
Versiones de estas noticias estaran disponibles en los ~ m o 0 0 0 o m o 0 o m o 0 0 0 0 0 0ri
siguientes localidades nen febrero: ~ Me gustaria recibir Las Noticias de la Mina Eagle en 0
0 espanol. Favor de poner mi nombre en la lista de ~
d Ayuntamiento de Minturn ~ correspondencia. ~
(Minturn Town Hall) ~ nombre ~
• Biblioteca de Vail
~ - (Vail Library) ~ domicilio ~
0
• Biblioteca de Avon ~ ciudad ~
(Avon Library) - ~ ~
• Oficinas del Conado de Eagle ~ estaclo codigo postal ~
(Eagle County Offices)
p telefono (opcional) p
Para recibir por correo Las Noticias de la Mina Eagle en 0 Favor de cortar• y enviar esta forma completado al.• ~
espanol, favor de completar y enviar esta forma por
correo. ~Chrastine Crouse, Communi4y Relations Contact 0
~ Dames & IVloore ~
Servicios de traduccion proveidos por el Departamento de ~ 633 Seventeenth Street, Suite 2500 ~
Salud Publica y Medio Ambiente de Colorado. ~n E~enver, ~'O 80202-2027 ~n
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, RECE9VED APR 2 2
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4R 1.111aa~ pregoa e 6
a-ti
2305 S Pacific Hwy Talent, Or 97540
(541)535-7251
Mayor Bob Armour
75 S. Frontage Rd
Vail Colorado 81657
Dear Mayor Bob Armour and Bobs of vail, .
It behooves us to invite you to the Bob Day
Festival in Talent, Oregon, July 13e
We know that you and your fellow Bobs must be
floundering for some summer fun since the Bob Fest
. in Avon bit the duste
Bobs are among our unsung heroese You work
hard and play hard (or not)o You do the things you
, are supposed to do and don't sit around feeling sorry
for yourselves when nobody thinks to say thank youo
Bob Day is being held to show you our sincere appreciation
for who you area
Bobs in our part of the country are eager to
offer you a handshake and a pat on the backe
We look forward to hearing from you--
Yours Truly,
- • / G
Judie Bunch, Chris Desmit &
Sarah Spring, The Bob Day Committee
Judie Bunch - 2305 So. Pacific Highway, Talent, Oregon 97540 o 535-7251
r
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Mail Trfbune / Steve Johnson
BOB BOOSTERS - Joyce Seely, right, and Judie a Bobcat loader. The celebration, which includes a
Bunch, founders of Talent's Bob Day, hitch a ride in Parade of Bobs, is set for Saturday, July 15.
July 7, 1995
' ~ }~i ,
. ==~`5 .
High 80, Low 55
BeLLI'n' on Bob
The Mail "I'ribunt:, h'riday, July 7, 1995 4A
Ta~ent9s the p8ace9 Bob9s the name
B ,
0 ob
of fes0 ~ ~ va~ for fun and foo8 ~sU !i ness from Page 1 A why we need all the help we can
Bob, said the festival seemed like get."
By GORDORi GREGORV destin Organizer Bunch said Bobs are
of the Mail Tribune 9 / "It cau h also salt-of-the-earth people. Slie
TA(~ENT$BQB DAY g t their attention be- stresses, b the wa that Bob Da
on't bothersearching for the cause we've got so many Bobs. My is for men womenyboys and'girls•,
philosophic underpinnings of the frst ~ gegins with a 10:30 a.m. parade on, husband was a Bob; my son's a anyone tagged with Bob or ils
ever Bob Day Festival, set for July 15 ironically, John Street at the post office. Bob, atid my daughter married common variations such as Ro-
in'I'alenl. two Bobs," she said.
Il is nol some resurrected ritual meanl to ~ Other events, including a Bobby- bert, Bobbie, Roberta. I
cue and numerous craft and food booths, The couple read about the
mark lhe value of tlie mundane or a modern event in lhe Tacoma News Trib- Tt~ere are, of course, many f'a-
reminder that the ?nosl common in life is will be at the Library Park on I Stre6t by une and it clicked at the time mous Bobs and a number, includ-
worthy ofcelebration. There is no deep the Talent Communiry Center. because Rene had just started
t ing, Redford, Goulet, Ludlum,
meaning here, at least none that the ig The Bob Day Festival runs until 4 "The Book of Bob," a compilation Barker, Keeshan (that's Capt.
overworked organizers have discovefied. p.m. ~ of Bob lore. Kangaroo), Dole and Packwood
"7'he purpose is.jusl the fiin ofit, just to do ~ Organizei s expect a large tumout , Judge Bob King said he jumped ~'ere invited and declined, with
sumvt.iiing difierenl, sometliing out ofthe and hope to continue the event in the v at the chance to regrets,
ordinary," saicl event originalor Judie Bunch, participate in
future. For rnore information, call Judie such a worthy exercise and feels Bunch, who lives between Ta-
of Talent. Bunch at 535-7251. it's abouL time Bobs got their day. 1ent and Ashland
Bob Day, set for this town ofcumtortable several > got the idea
unpretension, is no more and no less lhan a "We Bobs need all the help we years ago when she
way for folks ofall kinds to play together. can get," he said, adding that Bob headed the Ashland Open Air
There will be lhe Yarade oPBobs- including equipment and does this professionally, they ° Day could aid the "furtherance of Market and had a mini Bob Day
the Bob Drill Team - lhe Bobby Shop Chorus, werer t sure how llie children would react. Bobism:" there. She resurrecled the notion
lhe Thing-a-ma Bob conCest I'ollowed by a They also gently deflected an offer for a . That's a bit hard to defne, but later, mentioned it to a few friends
13ubby-cue. rousing oration froin the Rev. Bob DouceE of King said the Bobs of the world and the thing took off. It now
Il's kind of'a block parly witli a silly theme. lhe Cliurch ofthe Sacred Holy Biochemical seem to share more than one of consumes most of her, Seely's and
But lhis celebration of Bobness has gained Imbalance ofCentral Oregon, based in Bend. the few names spelled the same fe11ow organizer Chris DeSmit's
nationwide attent ion. Bunch and her Hoivever, they gladly accepted ofTers from backward and forward. time.
associates have been interviewed by reporters two Bob Days, one in Hillsboro, the other from "We Bobs are notorious for a lot "It started out just as a dream.
and deejays from Boston lo Seattle. The San Jose, Calif., who will be lhe grand , of ingratitude, disloyalty," he Then you act on your dreams.
coverage has touchecl a strange national marshals of the Parade of Bobs. said, musing how he could wring At some point (you wonder), is this
nerve. Assorted Bobs frorri near and far have They also were thrilled by a request from a an extra $5 from marrying Bob for a pleasant dream or a night-
sought involvement. Bob Hoffman in Tacoma, Wash., who asked if the service. ' mare?" Bunch said. "It's amazing
There's the Medford Bob, a stunlman he arni fiancee Rene Ried could get married Bobs are also a little dry, he what can happen when you open
apparently, who offered to set himselfon fire. at the festival. So at about noon on BoU Day, confessed. , your mouth."
"He o(Tered lo do il for free," said fellow Gold lfill Justice ofthe Peace Bob King will "No imaginaticn," he said, not-
organizerJoyce Seely. unite fIofi'manand Ried. ing that his father was named Bob ~~It's a quirky enough thing that
it'
They declined, noting it is a family af('air and Marge Hoffman, mother to the marrying and so is his son. s somehow captured people's
even thuu Jh fier f3ob saitl he has lhe ~ro er imagination," said Bunch. "Il's so
~ y ~ p see BOB, Page 4A "Bobs are pretty boring; that's weird, really," said Seely.
p ~ . ,
~ i • `e
CALLINfG ALL BOBS & .e.a[l
BOB BUSIIoTESSES members ~ 6
JOIN T8E BOB DAY CLOB ~ get Your membershap $ are used to make BOB DAY ~ 10$ off
even more memorable than last year. caps. 1
**$10 gets a membership card & 4 BOBOLINRS' shirt -1
**$15 gets the whole family in on.the act ; crders! "For an additional $25 grab the chance to ' iaQ
advertise in the BOBOLINR: c (.U$~
Send the membership form, business card, : 3tGH-UP FoRM •
check, and a fev words about your !
business. We'l1 print the info ~ get it.~ out to a bunctn of terrific guys. ~~^E
i I
ADDRrS'S `R
~ z.
HEY o GiTIY STATF, Z1P
Check these *
NEW Cap 01822 =NwvIDtJAL
designs ! ~ Bg~~~~y
Your Choice•-- ~
$8.00 each •°"r ' I.! ~S°O ~M~LY SAI~tEoF~
LOCAL A+jD CO J
~ VOlLN7LEJZ 'f1MF,(SE'RU~CES
BOB DA3[ 1L-.9iitts GAl1. ME !
I'M 1 00m aottton for- who like to MA lL ~aw~ £~Cj~EC1C To;
BOB ~ BOE`~ bceathe. Wfiite ir. A N n ".%3 -DAY 2oJ'uDY BUNCN
blue/PurPle l09°• 30,5' S.pl'aCa f iC l~1. I,t/A
0 0 o I~j°~ Proud to S~: M, L, ~ 3. ~ -rr~,~,r'oX.~sqo
C~p be a BOB $14°~ ~ ~ ~ ~ TK
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?~+oue C5~4~~ 535 -1~.~-t 8os ~ F~rQ~a...7o ~'ua~EB~~
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jEND OR~~'L WICIAECK Tb: TALENr, oQ, 4751/0
~ L~0 0= 0 0 1= 0 Ovm~
CMQIrQOH S(Mme)
Theatre Study In Vail 0 9
0 1June 24 - July zo oc~h~OR9 Himco
,2, & 3 Week Sessions
Q4~Il~D fl~Il6Ilfl Q o 0 0 ~ o o0~~fl
in co-operation wirh the Vail Public Library, the Vail Valley Theatre Company and Battle Mountain High School
Theatre Study in Vail IPiroduetIlono L
1,2,3 Week Scssions held at Battle Mountain High School 66(D)jLIIVD~M099 nt
I~~~QII
QAeirnIld IIa°
Week 1- June 24 - June 28 ¢
Level 1(ages 5,6,&7) 1 1:30 - 12:30PNI
Level 2(ages 8,9>& 10) 1:00 - 2:30PM Professional artises guide students through master classes in Theatre Technique, Students in Levels 2,3, & 4 who participate in y.
Level 3(ages 11,12,& 13) 1:00 - 2:30PM including training for the Voice, Movement for the Stage, theatre games, 3 week program will have the opportunity to
Level 4(ages 14 & up) 1:00 - 2:30PM improvisation, characrerizations and scene study. perform in Oliver! alongside adult actors from the
(July 4 make-up elass TBA)
BREAK IlDI1aywIp11agg-,11Ilt11n C Vaif Valley Theatre Co., performed on ~
Leam techni ues and create our own scri t with a ublished Plapvright whose i1on. July 15 at the Gerald R. Ford Amphitheatec - <
Performance Class 2:45 - S:OOPM scripts have been produced on National Tours. P The musical will celebrate the finale oEthe 1996
(Levels 2,3 & 4 only) Summer Reading program with the Vail Public
week 2- July 1- July 5
Same Schedule as week 1 ~eilIlng foIp tIt~~ (PamrneIpm Library. Oliver! will also be performed on July 13,
Discover how acting cechniques for television and film can be enhanced by your 19 & 20 at Battle Mountain High School Theatre.
week 3- July 8- July 12
stage work. Learn From an expenenced on-camera perfonner.
c
Same Schedule as wcek 1- No Levcl 1
Evening Rehearsals - rIl'IlIl~ AIlAQIIIl~]1~IiIl 1~Ip~Q"Q'S~ t, m~~ ,,»t
Some eveni ngs wecl< of July 1 6:30 - 9:OOPM So, you want to be a star? The real world of "making it" as an actor. The tools you 1 W E E K $ 1 2 5
Dress Rehearsals - 6:30 - 9:OOPM nee d for t hat big brea k. A dvice from wor king acrors and casting direcrors.
2 WEEKS $200
July 8- 12 Bacde Mountain High School Theatre WS 735
3 WEEKS $275
PERFORMANCE CLASS $50
~ _ o LEVEL 1($100 per week)
Katherine Kersten - Producing Direcror of the Vail Incernational
Daiice Festival Partial and full scholarships are available on a limited
GrettaAssaly, SchoolDirector - - Bill Finn (mime) basis to students based on talent and financial need.
Gretta has performed in London and Paris and direaed and a Annie Murray, Children's Librarian, Vail Public Library REGISTER BY JUNE 5 and take $5.00 off!
choreographed musical theatre and Opera throughout,the U.S. - Suzanne Foster (voice)
and Canada. She has directed 5 U.S. National tours. Slle has - Barbara Moser (creative movement) Return the Registration Form below with eheek payable to
recendy returned from London, where she conducted workshops Children's TheaVe Sehool, Ine. (CTS)
For the University of Delaware. 1229 North Prospect Avenue, Milwaukee, WI 53202
Dotiglas Love, GtiestArtirrlPlayturighr - Al1dItl0nS f0r SUfi1/11eP PlOgfpPll StudenYs Name
Recently named the Artistic Director of the Broadway Children's
Theacre in New York Ciry, he has created a series of books April 20 3:30Pm- Mihvaukee Ballet Studio, Milwaukee, Wl Blrth Date
for
children about the theatre published by HarperCollins available in April 27 9:00am-12:00 & I:00-3:00pm at Battle iVfountain High School Address
City State Zip
booksrores throughout the Country, in Eagle-Vail
ParenYs Name
Ralph Jrrries - April 29 Denver, C0. Time & Place to be announced. Phone (home) (work)
A Bricish Direcror who has taughc at the Universiry of California at Emergency Contact Person
San Diego for nine years, Ralph has brought his knowledge of For further inforrnation about the workshops Phone
classical theacre to CTS.
or out of town housing, call (414) 272-1512 or Class
Chilc9ren's Thea4re School (800) 833-4456 (from Co(orado). Total Fee Enclosetl
Call Toll-Free 1-800-833-4456 Refunds After the first day of class ihere will be no refunds. Students who are asked
FPOPYD COe00'adO Brocheere derign by Mike Czekuy to leave the program due to unacceptable conduct will receive no refund.
x
All The World s
: J
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A nta e.
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CTS actors in 1995 production of AFI'ER, HAPPILY EVER?
at the Gerald R. Forcl Amphitheater.
CHILDREliT'S THEATI2E SCI3001L ~ SUMME12 SEMESTER 1996
•sai~~od ~utny jo swej~oad IeuoiaeDnpa szi30 Xut ur uoiS11aI Jo ui9110 jeuoueu 10 Diuyia 'xas 'aDej ';)oe oa picSau yii,,A awuicursip iou saop Dui 'S_LDN
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Xj!unlaoddo aqq pue aajEaqjjo •pT aunP stit.2aq puu Tj-g sa"3L- ua.zpjtuD s9uz0319nn
1yen a41 42noaql sllnp-e pue uaaptiy aoj C~-eun atu `u~t.z~.z s uaa t o uo.~t oa.ztP
I/~I . a.t7 ~ Pi.u~ .
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j' racing ro everyone's attention. He saw the trend roward
J' mountzin biking and thought that hosung big rzces might
be the best way to let people know a6out mounpin hiking
in Vail."
r Vail summers would never be the saine.
he wind sent ripples IN SUMMER YOU CAN HEAR THE CREEK
r through a sea of head-high wildflowers as I pedaled the thin lapping as it flows through the heart of Vail. On the hill,
trail. To the east, the Gore Range srood like a benevolent stands of aspens mingle with thc great canopies of mnifers.
ch out and shake At this time of year, Vail offers a respite Frnm the frenetic
sentry, seemingly close enough ro rea
ss of China Wall flanked my world it is in winter. Bucinesses open rheir doors and spill
hands with. The craggy buctre ~
passage. At 11,000 feet, the air was clean, cool, calm. onro the streec Those same goggle-eYed, leather-skinned
r'
There wasdt a soul in sight as [ tumed nocrh, cresred ~ people that in wincer }rou saw decked out in Nonh Face
the climb and began banking through cool shadowed glcns, and Patagonia parkas now lounge casually at outdoor ta-
hopping chocolary mud paahes, I pulled up at my favorire bles, dheir tanned limbs languidly draped over chair backs.
` resung spor. 8enchmark. A namnl overlook, Benchmark of- The swagger and pose of winrer ("I just npped Pnma,
r~ fers views of Gore and Copper mowtains and, snalting Far then launched Chair 4 cliFfs, rockered inro the Whoopee }RloW, Inrerstate 10. On that late swnmer day I-10, the ser and pulled a triple nvister/daffy/spread...blah, blah, blah")
pentine strip of asphalt that meanders lazily up from Uenver, are replaced 6y the lagging drawls of those in the caress of
was choked with traffic• At the time, the irony of that spot post-aerobic endorphin 6uzz.
escaped me. [ had no clue that the day iceelf, Sepc 17,1994, 'lhe whole winrer/swnmer dichotomy took me years ro
would be a benchmark in the hisrory of Vail. ne inro. When 1 first moved ro Vail a dozen years ago, it '
! w
I tumed my wheels anJ blaud the eight-mile downhill was kr the fiJl dlt. l was, aker all, a bump skier. [ dove head-
r I to Vail Village. Once there, I was dumbEounded by what long inro the Vail maeLstrom. I'd ski bumps all day anJ pour
1 saw,'I'he slopes were aswarm with people. The stteecs drinks in nightclu6s for
teemed. Restaurants had much of the night. [t was a
? run out of food and bar
heavily caffeinated exis- i
' keeps shoured, °You want renre.
Zima or 0'Douls? ThaPs About the time the
all we have lek." snows melred and the soh
More than 911,000 peo- pare of off-season oozed
ple crowded into Vail that in, f'd take oFf and go
Jay, dwarfing all previous somewhere exriting. One
~~':k remrds and making it the summer 1 went Down
Under for more winrer,
busiest day-winrer or Sweet
anotherlheadedtoAfnca
summer-in che hisrory of
the Rocly Mountain re- to climb mountains-
sort. lc wasdt the Gerry anything ro avoid staying graded Ford gulf tournamenr, the insleepyVail.
APrbs-bko at the Fnier-masseshadmmedoutfor Littledidlknowwhat N~
' YtlPsbusleatdeYeY~"~~ mountain biking-more Nut,aRthetOthMowtelnTral.
qldlltBr;RN88SBPt»~~84• 1 was missing. Then one Assadlates ~ J specifically the Men's and year I stopped pouring dnnks anJ started wnting for a lo-
' I Women's Cross-Country races, the cf0w"ng evenrs oFthe cal newspaper. Gone was the eary cash that once poured
1994 Wodd Mountain Rike Championships. „a mer the bae A paltry salary precluded travel.
Never had Vail seen so many shaved Iegs, cut calves and Cd heard mounrain biking was Fairly fim, so 1 pnnied up ~
fortn-fitting togs. the funds for a two-wheeled contraption. l rememlxrsaying
I was doing it fnr my head-just to stay sane dunng what I ~
• Local business owners, many of whom had fought
~ was sure wuuld be a boring four munths. 1 remember my
against rhe event on ~he grounds that Vail didn't want or
need °thuse kinds of people, u'ere astonishcd that the nor- first ride up Vail Mowtain with a small gruup that 1'd skied I
mally moribund sales tax collecuon month of Seprember with a few munths eadiee The flat snowlwund catwalks
suddenly seemed like great Everestc of dirt and gravel. My
I had tumed inro a robust financial harvese No one had ex- plalding pace (where was a chairlik when yuu needed nne?)
pected such an outpouring.
Well, almost no one. swn dropped me Far behind the grnup.
High in his slopeside home, there inay have been a Oh, hnw 1 remember the pain.
' knowing snicker coming from Vail Associates chairman Not jiut Frmn my searing throat (I'd neglccted to pur-
George Gillette. For it was Gillette who had predicted, if chase a water bnttle), but kom my ego. On skis 1'd been
une of the gang, a player; on this nverhlown child's toy 1
not the big day, at least the future benefits of latching ontu
6urgeoning sPort of mountain biking. Mountain Dike was a tagalong, barely a wannalx.
the
Wodd Championships Race Direaor Jnhn Dakin recalled When the downhill mercifully unfurled, however, it
the momenr. "Back in 1990, (then-CEO of Vail Assaiates) was a different smry. The world rushed at mc. The 6ikc
Genrge Gillene held a meeung and bmught mountain bike
, Qhoragraph 6y oAHN corver
pbotagrapb by eiLL wEpIo
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"First we haJ oar machine shop design ~~la do in the big raas.'Iherc's always some new
special hooks to hang bikes off the Vista up-and-cumer making you suffec Vail is one i
Bahn anJ the gondola. Next we adapred the goe ~ of die must harcl-core places in the country to
skier's trail nung rysrem for mountain 6ik- ~ train."
ing and markeJ all the existing mountain lN
•I hile the racccounes, of which rhe Vail
bike trails. Then we smrted scouung around d Valley has more than a Jozen, are where loial
and building new trails." mettle is testeJ, iPs at thz dceideJly more low-
Vail takes as much care building ics hike I key ?aily GnnJ where results are coinpared.
trails as it dues mmhing the cordumy on its Nesded in an allcy just ofi Bridgc Sveet, the
ki slopes. Oncc a hike trail is approved hy the Furest Ser- Grind is the place where visiung mountain hikc dignitarics
svice (usually afrer a Icngthy inspection anJ permitting such as migniing queen Juli Funa(lo (a 6ig cafe latte Fan),
prexess) much of the trail maker's work is Jone with spe- oecasionolly huld court. ff skiing up to the Cuok Shack
cial hand rools designed for fighung forest fires. A vack is with three insm~ctnrs in tow is the winrer versiun nf mak-
, established, dangernus nbstacle.ware padJed or removed ing the scene, rolling ap ro die Cnnd alxratd a(ully sus-
and finally the track is rest riJilen anJ rated. Through this penJed, ntanium-magnesium-heryllium, high-rech, super-
process, Vail has huilt a nenvork that rolls fnr more than whammy bnobby-omJ riJe is the way iPs done in summer. j ti - 75 miles. On the sumdappled pauo, hcary scents of Jark roas'ts i
"Vail really is sull the best kept secrct of mountzin bik- wak on the breeus, and speakers hlare out the funkiast of
' ing," boasts Bailey. "Nthough we dudt have the 6ig repu- tunes. Inside, wuoJcn stools wolrble beneath rited legs.
~ tation of a Durango nr Moab, thc riding here is just as T'he Urind is the hub from which all things Vail spin. , I
groJ. We have milcs of singlctrack in the Vail Valley that ~
It's here ihat I nken end my riJes, hunkemJ over an
, crosses tcrroin ranging frum dry desen-typc sageLrush ro espresso, luoking up at thc trails as evening sun lights the
thick wocds w high alpinc tunJra " clouds. I'll sit hcrc anJ think m mywlf that no matter how
Vail nnw has bike vails that run the gamut from a hair epic a ski day may tx, nudhing can match the view of a
rnisingdouble-black-JiammndWodJCupJuwnhillthat mountainscapeasyuucrestthetnpunderyourownpnwer,
plummcts 3,000 fcet from dic top uf China Wall, tn grccm pedaling a nvo-whcelcd machinc.
+ cirde travcrsing tracks like Fireweed. Nor can banking the custom benns on LionDown nr
die trail. M s na ses were may have hetrer muuntain biking inside its pennit area `9i s been a renl challen~ to.crcate trails that can be rollicking off the hcart-in-the-thmar IS-fnot precipice of
bounced, banked, mre down y y P
~ electrified. 'l'his was as inuch ur mure fun than Pd cver had than any othcr ski arca in the cnuNry. I'in rcally iin- uscd hy cverynne;'says Bailcy. "I'enplc conic to thc moun- cascaJing rock nn Uailey's Uailont 6e ixttercJ.
on skis! presscd." uins ready to cnjoy mnuntain 6iking, but somcumcs the al- Unless, of course, ynu wait until winrer to plunge of(
As f had come ro Vail for mu~nd s~iing only to disenver Much of what Illumenthol refers to is the work of Vail ' timde just kills them un long dimbs.° Yrima Cornice, swuup furevcr and launch the' Ladge I
there was much more to the place th~n s+mply bashing Ass~xiatcs, opcrators of Vail A4ountain. k3y expnnding sca- lNhich was the rcason Vail camc up with the Grand Nule. 0
bumps, so roo did my love for Jownhilling on a mountain sonal ski-dependent jolis intu yearvround posts-ski in- ~I'ravcrse, a 10-milc track that averages a manageable m ~
i bike eventually bring me ro a wiJer appreciution uf the structnrs 6ecoine mountain 6ike guidcs, ski pavollers S-percentgradc, licbnnning at thc top nf the gundnla at Ea- Bill lCeiigsl~u on tbe PownQnr Nn Nlagld Team and u pren- !
s7`!` tnountainsummer. morphintohikepattollersandtrailcreascreatcanJmaur gle'sNest,theGrandTraverseskirtstheridgeofVail's dimtofthel~nqlrVallryCydingC'onlhinn.
min muuntain hike trails-the ski area operatur has tumeJ Ifack fSnwls, nffering nden panuramic vicws of the Mount
TODAY VAfL IS FULL OF MOUNTA[N BIKE Vail Mountain mtn a ID-munth-a-ycar attracnon. of the Holy Cross and the Cure Rangc. "The Crand 7'ra-
~ 6elievers. Once shunned, the Eagle Valley Cycling Coali- fhc annual transFnrination kicks off the da}' aftcr the versc is really a great idca,° says Rlumcnthal.'7f thcre S one thi ppouny}ain B'~~ I,in ~ 8ail
uon was given a seat in die Eagle Counry Leadcrship Coali- lifts shut dnwn m skiers-uenally niwut April 14. Lucal ski ng mnuntain biking needs, it's more eosy singlctrack." S~~ ,~6 ~
a " uon.In dhe 1995 Vail eicctions 66 percentofthe vorers gave shops stow the boarJs and quickly roll wt the bikes. A rhe ~'~d ~6n~~ ~
tr~,, ' thethumbsuptoacontroversialhulf-centsalesmxtofund half-dounVailpoliceinenparkthcir5oabsandmnunt(at- IN CONCERT W[TH VAIL E~SSOCIATES~ ~
a countywide bus and bike path system. Four ruokie Vail Ure machines, I owerBaa and bnttles o[ Garorade replace effi~rts, Vail Birycle Services, a Iokal bike shop, hoses what (Phone nrrmhivrarein dir (970) arrarw(ennlurothmuifezfated.) ~
Town Council candidates defeared incumbents-all the puff pastrics and gl~~Gvein as hot items in cafes. Siyms that may I~e the most suitiessful lixal moimtain bike race series fiENERAL INFORPqADOH Vail has mure than 75 miles of
rookies were for fundingof bike paths. reaJ "Plcase Don't I.ean Skis Flere° are replaced with in the mun[ry. Since its inaugival race some 12 years agii, designated mountain bike trails. A lift pass costs: adult
t. °Cycling's fantastic in thc way it rnunJs ~mt our Incal placarJs ~vaming cyclists nut ro luck their hikes to Fences, the V13S/Qud I.ight Mounrain Challenge has seen ficlJs as $I2; child ER; 6mily $29 (2 adulrs, I child; each addi-
,t~,,; bib' as 350 roll to the line. "It's onlY naniral that in a rown tiunal child
ecunomy,° says neo-councilman Kevin Foluy, ~ uaiter in a pola or pers. for genernl infiim~atiun, call Vail Acuvities
Vail seafood restaurant who gleaneJ the most ~~otes of any As plows clear the snaw frwn catwalks to prepare them flleJ with so mnny enmpetitive and gifted athleres that Desk, 476-9090. for IoIging reservations, call (8011) 515-
candidate. '9'm a die-hard ryclisr, Ibe ridJen all over I:u- fur muuntain biking, both the Vis'ra Bahn chairlik aod Li- people wnuld want ro race their mountain hikes against 2257.
W. :
rope, Erom Massachusetts m Montreal, and I ride about onshcad gondola are refitmd with attachments for carrying each nthcr," says VRS's Tini Young, direcror o( the race. BIKES 8 BIKE TRIP5 Single'I'rack Sports (479-4290)
X' 3,000 miles a summer. Pm cumpletely commitreA to mak- bikes. On the hill, mountain 6ike trail signs ~re s~ink inro l4e nfkr them a sak way tu race their buddies Fur 6rag- renn bikcs for $25 a Jay. Vail Bike Scrvices (476-1233)
ingcycling a mainstay uf Vail's swnmer ettmomy." the still-mclnng snow anJ direhes arc hasuly Jug to keep ging righrs or to tnin fur higger racu." rents Full-suspension bikes for $25-$55 a dty. Paragun
Aixrording to'I im Blumenthal, execurive director uFthe runuKwater froin eroJing mnunnin bike trailsr"fhen, les's fhe senes has develnped such ruci~g stalwarts as 1989 Guides (926-5299) has single-Jay, fivc-Jay (hut-to-hut)
? 1 ' i Incemaunnal Mountain 8iLycling Association (IMRA) and than a mnnth aker it closes its liks to skicrs, Xail renpens [:uro~an Rodd Champion Mike Klnser ('Ram Schwinn) and nistam trips available (bike, helmet, f«>J and accunr
former ediror of Mor~~nnin Bike hinga:,inr, Vail has already them fnr mounuin hikers. and women's pro Mia Stixkdale (Tcam Klcin), as well as mndatinns includeJ); pnces range fruin $39(1-$ I,ORO ~r
achieved maiostay stztus in the fat-ure wndJ. "B}' hosting IPs a transition that Vail has benn wurkingon for ncar- up-and-comers like Dan McNcill (Schwinn), who in his ~rson.
eat World Cu mountain bike races and an outstanding ly 10 years. "Back in 1987 we began aJapung the sununer first pro season finished a respecta6le 14th in dic U.S. Pro EYENTS "1'he two majur mounuin biking evenes thai will
' BrP
4tlorld Championship, Vail estahlished itself as one of the mountain Jeparmicnt, which was set up for hikcrs and Natinnals. McNeill credits his home base fur honing his ix helJ diis summer are Jimmie I Icuga's'Ibynta Muun- i
preeminent sites for mountain 6iking in the country," says sightscers, to meet the nccJs of the 6ROwing mountain bike skills. tainl3ike Cxpreta, July 21(949-7172) anJ dic V.13.S.'I'uwn ~
Blumenthal. "Uail has shown great expertise; vails are well population," says Vail's Summer Alountain Manager Juhn "The competitinn in thc Vail races is so strong and Championship I~estival, Scpt. 6-8 (476-1213),
a
Jeep," says McNcill, "that 1 have tn push as hard laall as I
marked, and the mnuntain bike map is one of thc hest. Vail Bailey. y -M11ikr Kerrler
pborogrnph 6y OPNN COFFEY
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ASPER TIM..D2
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` ' . Vol. 1] 7 ° No. 16 °April 20 and ll , 1996 ° 25 Cents
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° 10A 7heAspen'Times • SahirdaySunday, April'2421,7996,
The over Story ~
- dollars into a traditional marketing parmer- spring," said Frew, noting [hat skier visits
ship, Boone said. statewide werc up nearly 3.5 percent season-
~ e e do o b. The parmeiship will emphasize the guar- to-date through March
antee of snow due to snowmaking, plus ham- Record skier and snowboarder visits ~
mer home the ease of slding and mmenience accompanied record snowfall at ski areas .q
of ski-in, skiout lodgng. along the Interstate 70 coaidor and nor[h, ~
k
You can bet SRA is atready planning to Frew said.'Ihat includes Uail, Beaver Cree
p o 0 0 .0 0 skiers".
exploit the marketing opportunities presented and the Summit Counry resorts..
by the new snowmaking network, which Ski areas south of I-70 recovered nicely -
replaces an undersized and anaquated sys- once abundant snow fell in ]anuary.
` ' gy ~ptt ~ The renks of skiers and snowboarders hit- tcm• `°I'hose destination resorts have generally
'Aspen Times StaNWnter ting the slopes at the four local ski aceas tum- SRA president Terty Hunt said he has no lost skier visits and not fared very well,"
spen has the dubious distinction this bled about 4.5 percen[ in 1993-94, [hen doub[ the addition of the snowmaking sys- Frew said. "The sou[hwes[ never moovered. ~
~ A spring of apparenNy being the only dropped another 2 percent the following sea- tem will help his sales staff land more eady- 'Ihey cazne back but just never recovered.°
: t major ski resort in Colorado ro see its son. season group and conference business. Farly- Resorts like Telluride and Crested Butte
ji slder numbers fall for three seasons rwming. O'Donnell's assessmeut of a"slight ski-season prospects used co be leery to com- joined Aspen in the lacklus[er season catego-
~ 'Ihe question is, what is the Aspen Skiing decline" in 1995-96 could push the four ski mit to Snowmass because of the uncertainry ry.
Co. going to do about it? area's rotal visits below 1.4 million for the of snow. Purgatory, north of Durango, is likely to
Final numbers for most first time since the suffer the same fate as Aspen with ttuee sea-
~ Colorado ski resorts aren't decline 1990-91 season. " " sons of declines.
in yet for the 1995-96 cam- Despite the decline at Hunt told The Aspen Times recenUy that 'I\vo other major Colorado ski resorts
aLso in danger this season of registering
,q;
paign, but officials in the the local ski areas, while his organization and the Skico will were
~ industry generally have a Skico officials say it emphasize the featums that make Snowmass Ihree years of declines. Numbets at Copper
pretty good feel for how isn't time to panic or special> mazketing will also oontinue to pm- Mountain and Winter Park had slid each of
t` their business stacks up. sound the alarms. The mote the connection to Aspen. the last two seasons, but they pulled out of
While Beeckenridgc and problems, they claim, Some Snowmass Village promoters have the doldnuns this season, thanks to the tecord
~ Copper Mountain logged can be traced to two azgued over the yeazs that the resort shoutd snowfall the Front Range desdnation resorts
record ski numbers, and sources - an unstable distance itself from Aspen in marketing pro- enjoyed.
Vail and Keystone posted F~$> . supply of aidine seats gams and develop a separate identity.
noticeable gains, Aspen and the unpredictabiGty That "independence ldck" was strong
t Skiing Co. of6cials con- ~ of Mother Nature. when Hunt joined SRA in 1986, he
cede their numbers drooped a bic Md, they note, they are taking steps [o recalled• m~p~. q'~ ~~e~~Po6~
"Where we lost our skier days was the address both. "To even mention Aspen admitted
first half of the season," said Kitty Boone, we're a secondclass resoR" was the ~i~' ~IaV! ~~e8~ t~9i~0
•Skico vice president of markcting. ~~e41e~g tool view of some business people, he said.
~ "We're relatively close, which is_good," 7'he new $5 million snowmaking system But Hunt said he believes the ~Pe~ ~e~r Bff IVIOtII@B' I~I~~BP~
` Skico president. and chief operating officer pegged for conswction at Snowmass this "Snowmass-at-Aspen" marketing
Pat O'Donnell told The Aspen Times. "Pm summer will not only boost slder operations, theme is necessary and, in fact, down- dO@SIB't Coop@I'atee"
- satisfied, given the lack of snow in the begin- but also provide a nice hook for marketing right essen6al.
; Nng" efforts. To say we're going to eliminate - ColOt'Cldo Ski Country P/~SideRt ~
But on the surface, this season's weather- The Skico's entire drop in slder visits this Aspen is patently absurd," Hunt said - related loss appears to be only part of the season occurted at Snowmass. Oy as O'Don- `°I'he consumer public isn't going to do John Frew
Skico's worties. More distressing, perhaps, at nell put it, "Snowmass was the anchor that it, why should we?"
least in a tourist-0riven eoonomy, is a three-=` took the entife picture dowii."=. Even with $50 million, Snowmass
season decline in the number of skiers and Skiers either migrated fiom Snowmass ro couldn't create an identity completely
snowboarders hitting the local slopes. Aspen Mountain, where snowmaking separate from Aspen, Hunt maintained.
Since setting a record in the 1992-93 ski allowed the opening of terrain early in the, Copper Mountain was expecting to draw :
season-when Aspen Mountain, Snowmass seaton, or simply didn't ski. Srow deFbied foaWo~es more than 900,000 skier visits for the fitst
and Butteintilk teamed with a then-indepen- The company will make the new snow- I_ocal mazketers aren't the only sld indus- time ever this season and Winter Park an[ici-
dent Aspen Highlands to record 1,527;117 making system - which covers popular try of5cials pointing to snow as the deSning pated bouncing back over the 1 million visit
i skier visits -'the number of customer visits trails served by the Fanny Hill, Coney Glade factor of the 1995-96 season. mark. • _
~ has headed downhill. and Sam's Knob high-speed detachableyuad John Frew, president of Colorado Ski Frew said he sees no reason for Aspen and
• . chairlifts - a centeipiece of its fuhue Snow- Country USA, a state trade azsociation, said Snowmass V~illage business operatots tn be '
mass marketing, said Boone. the indusVy overall will likely surpass the alamied by the drop in customers.
Cover photograph courtesy ojthe The Skico and Snowmass Resort Associa- mazk of 11,164,234 set two seasons ago. "You can do everything right and still
; Aspen Skiing Co. uon will pump extra, but so far unspecified, "We've had just a very, very strong have a less than gieat year if Mother Nadue '
' - ;e
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Sarurddj~,Sunday, April2421,1996 • T6e Aspen Times 11-t4
The Cover Story
dcesn't cooperate,° said Frew. Boone said.
He a[tributes the dmp in skier visits to the 4-mountain ' The ski areas of Aspen and Snowmass can
•inability to make snow. ~ ~ ~s g~ a~ a< t rcly on one big advantage when it comes to
ey haven't been able to do that and in-state skiers.
•,therein Ges the tale," Frew said. "The great selling point we have for the
Skico officials point to the recovery of Denver skier is the lack of lift lines," Boone
~
local skier visits in February, March and said.
April as eqidence that nothing's wrong with
the marketing dicection. gaIDPmde?s - a bst oppoehmHyR
~ .<8
Boone noted that more skiers and snow- ~ One marketing opportunity that the Sldco
~ isn't rnmpletely grasping - on purpose
boazdets donned their boards in the critical
h last yeat is the snowboarding industry. The Skico
months of February and March tan
'ihe gaips in the later months simply couldn't announced this winter that it would extend
offxt the losses in November and Decembey the Aspen Mountain ban on snowboarding at
when oNy limited terrain could be opened. ~ least tlwugh next ski season.
"We los[ 2,OOD slder days from the Front O'Donnell has previously noted [hat
Rangealone in Decembe4" ~ne said. reserving Aspen Mountain for slders might
7Lat's a pmblem the Sldco hopes to avoid ' actually help attract some customeis. Critics
next season. Along with the new system at oounter that the Ajax snowtward ban creates
Snowmass, the company has applied to ~ ~v N,. a misperception with some folks around the
~ expand and upgrade Aspen Mountam s 0m
~ untry that snowboarding isdt allowed at
mowmaldng system. yr~,~ any of the four Aspen ski arcas. O'Donncll said one of his marketing goals
1 ; tdAFaslaa~ e~sNe? ~W Y ~ , ~ ~ . „-:ro- ; ' ~ ~ ~ for the Skico is to do more to promote snow- i
i The instability in the number of airline lwarding. He said Kevin Delaney, head of
seatsispmvingatoughernuttocreck. competition helped dnve down airlines al guests during the ski season that just Skico snowboarding programs, has been e
Boone aclmowledged that'the Skico has prices into Aspen [his ski season compared to ended, she said. That's up from an estimated assigned lo comc up with suggestions for •
probably hit a plateau in skier visits unless 1ast season. $ut there is na guarantee Ihat 18 pereent the season before. offering peoplc in that segment of the spon more airline seats and lower prices become a strong competiuon will survive. "Four hundred to 500 came from Japan sormthing ncw for next seasoa ~
petmanent part of the equation. 1f prices retutn ro levels that eacisted when alone," said Boone. 'Ihat's not the only new markeung ploy up ~
Sldoo staestics show that the fewest seacs United Fxpress had a monopoly in the 1994 The emphasis for next season will be on the sleeve of O'Donnell, who took over the #
in 12 seasons were offered into Pitkin Colm- 95 season, the Skico might not be able to pre- countries such as lapan, Brazil, Spain and the tide of president and the duties of day-to-day
ty Airport this sla seasoa Records weren't vent a decline in skier visits, accordinB to United KinBdom. t
skiing operations from Bob Maynard in Jan-
< tracked prior to the 1984-85 seasoa Boone• The great untapped market that the com- uary.
'Ihe numbet of seats declined even though "I don't know that marketing can over- pany will try w capitalize on next season is Hc said eartier this winter he wouid tweak
three new air carriers served the market. come that," she said. the Colorado slder. marketing programs to match his customer- i
While t6eie were fewer seacs; the new air- Tomcich said Aspen's slding industry was Boone estimated that the Skico doubled service philosophy - not because he was
lines wmbined with United Express to haul fiuther hurt by the relocation of the Demer its group business out of Denver despite dissatis6ed with the fortncr diicction. j
~ about 10 percentmore passengers into Aspen airport. The number of oubof-state skiers weather-related hurdles early in the season. He intends to expand the data base on as ~
this seasoo dw lasG who flew to Denver and drove to Aspen She believes Colorado skiers, groups and many customers as possiblc - find out ~
However, the number of passengers didn't droppecl 10 peicent this ski season from the otherwise, could aecount for as much as 10 whether thcy are skiers or snowboard riders, !
~ come close to matching the level recorded in previous season, according [o Sldoo surveys. percent of the Skico's [otal skier visits - which ski area thcy prefer and what kind of
any season between 1986-87 and 1993-94. He agreed with Boone slder visits pmba- double the curtent level. food they eat on the slopes. ~
~ About 126,276 passengers boarded aircraft in bly won't grow significantly given that air- But gowing the numbers won't be easy. Then, specific marketing materiak can be ~
Aspen tliis sld season. The figure ranged line service depends on the limited competi- The Denver and Front Range market "is sent to specific segnents. Curtently the Skico F
between 142,772 and 155,792 in those earlier tion at the Pitldn County Ai[paR and limited driven by price and snow," Boone said. `fhus essentially pursucs one-size-fits-all market- f
= busy years. potenfial at the Eagle County AitporL atVacting skiers to Aspen in a season like ing, iYs the same for everyone. O'Donnell
-f Bill Tomeich, Slaco maoaging director of 1995-96 when snow conditions were so fab- believes markcting must be tailor-made.
ftavel secvices, said that despite good efforls 6as9cftr slidertS ellsewtiere ulous along the Interstate 70 corridor is "We need to develop and maintain one-
. by local, promoters and the new airlines, the Facing the limits presented by airline ser- cough. . onone relations to keep them coming back,"
airline sea[s lost when.Continental Express vice, Boone and herstaff are looking else- Instead•of trying to lure skieis headed to O'Donncll toldThe AspenTimcs.
pulled out of.Colo[ado in 1994 haven't bcen where to boost the numbers - speci6cally the hilis'for a day, the Skico is.going after Colorado Ski Country's• Frew has little
replace& When combined, the Uuee new cat- the Colotado and iutemational markets. Cobrado slders aiming for a long weekend. doubt that the Aspen Setiing Co. will condtr
riets acmunted for about 14 percent of the 'Ibe Sldco has aUeady reoorded one of its '[be company learued thmugh the GEMS of ue contributing to the state ski industry in a
Aspen mazket, preserving United Express best marketing successes with overseas Aspen progacn with small lodges this season big way.
dnminance. slders, according to Boone. About 22 peicent that pubGcizmg.a lift ticket price below the `On Aspen's worst day they do better than
Boone said there is ample evidence that of skier visits were racked up by internation- "reck rete" of $52 really helps draw attention, most resorts' best," he said.
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(LOLf/ UGP/
v v EDITED BY GIATHRYRI PERROTTI
you can tell the driver to speed up. ,
Just one of the many benefirs of tour-
~ ing abandoned mining towns in the
back seat of a jeep. Tour guides will
also drive you down the old stage- ~
coach roads, take you on advencurous Recklessriess Revisfted "The Learning Curve" (February
~
rides chrough che high country, and really enjoyed Michel Beaudry's 1996) are well-written and informa-
lead you to the most spectacular views ~"The No-Rules Downhill" (Feb- tive pieces on one of the best sports
oCche Gore Range. For an in-dep~h ~ary 1996). It reminded me of the of all time. Keep up the good work. -
old Tod Mountain Top to Bottom KYLE MCGILLICUDDY-PENNA
look of what else you'll see on a jeep Race. Bridgeport, Conn.
tour, a gondola ride, or a rafting trip Racers ofren made it across the
in the Vail Vatley, Colocado, concacc finish line minus a ski or pole. One ~~t PaCk
us ac http://vafl.net/summer or call particularly icy year, a racer crossed ~ enjoyed your article, "Kinder-Ski" s~y
r8oo-ao7-z3iq., ext.75. We'll send
the finish line helmet first, on his (February 1996). It's a good rec- back, no skis, no poles! ommendauon for skiers to use a har-
you a Eree 48-page guide. Unfortunately, because of insur- ness with kids ages 3-4, but I don't
' UAIL UALLEY SUAhER ance jitters and participants who had think an infant should be camed in a
V„L .,EAVE, C,EEK,ESORr. AVo„ a lot of guts and not enough ability, papoose-style backpack. Even a
the race was put out of existence. strong skier can catch an edge and
DANNY TAYLOR fall, resulting in injury for the infant.
Shawnigan Lake, B.C. DAVE TORRES, M.D.
T're~s1~'idlaed orl~lofl}i~lte~tae` Denver, Colo. -
T ees Make a Wor(d oE Difference. No Day In Troe ~r~$
Berween drab, barren yards, and cory, ~ eturning to Colorado after nine Editors' Reply: True enough. The writer
shelcered homes. Between hoc, sun- years, I noticed the changes tried to reduce risk by skiing on eary,
baked streets, and cool, shaded neigh- menvoned in "Getting There" (Feb- groomed, uncrowded slopes.
borhoods where bird songs fill the air. ruary 1996). Liftside parldng is disap-
Find out how trees can make a world I pearing, making it impossible to re- The PUCk St0~~ ~ere
~1'~'~'. Pa4•`-0'4r
of difference for you, and your neigh-,turn to your car for extra clothes, skis ~ enjoyed {fThe Lion in Wintern by
borhood. For your free brochure write: 'or food. Paid parking is on the in- Don Katz (February 1996), but I'd
Trees For America, The Nacional Arbor ' crease; Vail, for example, charges $10 like to offer some corrections. 1) Eric
ht to nine hours ofl Parking• Nesterenko broke into the NHL in
Day Foundation, Nebraska Ciry, NE for [eiS
68410. Parking is so limited at other areas the early, not late, Fifties. He played
~~oiLli that you're out of luck if you're not his first NHL game for the Toronto
A!° there by 8 am. Maple Leafs in 1951. 2) It would be
_~4' ~~~QDYbfll~$~08Il
I am absolutely outraged. Do ski much more accurate to say that Eric
areas expect us to get there by flap- played most, rather than the first half
ping our arms and flying? Skiers of his career, with "the most dynamic
need to show ski area owners that and electrifying sports team of all C th
I t> 84,,
is inconvenience is unaccepfable. time." After Eric spent the first five ~ Otherwise we'll soon be paying $120 years of his career with the Maple
for a(ift dcket, plus extra fees for Leafs, he came to Chicago during the ~
transit from Park `n' Ride centers 50 1956-57 season and played the last 16 a mo.
Q miles from the slopes. years of s career during the Black- ppeSt
LLOYD BILLOTTE hawks' " olden era."
Fort Collins, Colo. I would like to add that Eric Tiget
From America's oldest mail-order Nesterenko should be in the Hockey Buy ~
agar company, established 1915. ~~cher9s Pet Hall of Fame. It's an oversight that broci
The dependable source of those premium 'd like to compliment you on your he hasn't yet been elected. cigars so hard to find elsewhere. H fantastic instructional articles. LARRY HODEK '
Calfl Npyyo 1-800-237°2559 "The Trouble With Powder" and Westmont, Ill. `
Dept• T101 12 ¦ sxi ¦ May/lune r996 , ,
{
, Salurday-SunAay, Apri11314, 1996 • The Aspen Times 3-A
mean exactl~ ffiat
` - e' doesn't really ~
¦ Asp.en officials in StoP. °It's all here - the parking lot, the bus
vansfers, and the rail." y,'~l bj f~
Switzerland learn, ~~yOU The facility takes up some five acres and „Zerma~' ~.!!e~p ! eelQ 6cbe ~.c
can't h ide 'em can handle up to 800 people during a peak hour
or 6,000 on a busy winter or summer day. They ~y
~By Robe?4 Watd come to the center in buses, trains and cars, and ca~ ~1~, _td ~.e y~ S' oa6i
Aspen Times Staff Writer can board trains to several mountainous desti-
nations - Wengen and the car-free town of
LAUTERBRUNNEN, SWTIZERLAND - By Robert Ward
{ .
Swiss car-free resorts may sound idyllic and Murren among them. Aspen Times Srall Wiiter
fi The center has a multilevel parking lot with
quaint, but they're actually something of a 7~RMA'IT, SWITLERLAND - Even the most die-hard "car. 7 wdoe' ;
600 spaces, and another 300 spaces availablc in would have to admit that Ze[matt's streets are a Peacefiil Pleasure..
Jekyll-and-Hyde creation.
a separate lot. By comparison, Aspen's Rio
That's because barming cars from an area Untouc6ed bY the noise and P°llutionof.the intemal rnmbustion
doesn't.eliminate the vehicles. It onl dis laces Grande parking garage has about 300 spaces, ~isauto-free village in the shadow of the Matterhorn.offers.a unique ,
~ y p and the park-and-ride_lot at the Aspen-Pitkin
them, and man- pedestrian experience to those willing and able to pay for the privilege: On. _
1 County Airport has around the same number. an evening walk through Zermatt, one
t dates they •be ' '['}~e I.auterbrunnen arkin structure ad oins a
1 placed elsewhere. p g ~ ~ hears-only, footsteps, conveisation; fhe', -
large train station w. ~th several boarding plat- burblin of streams and rha a brecze.
~ So for every car-free resort town in Switzeo- S Pe PS ,
land - Aspen-area officials have so far seen ' forms and steel rails branching out in three b(owing down ftom the glacia[ed ridges,above Iown..The unly vehicles to ~
two of them on their weeklong expedition here directions - a technically impressive and be
seen are elecuic wagons, about the size of golf carts,.that shuttle'fteight."~ ~ fion
and
desfitiations
around ? - there is also a gigantic parking bt nearby Pansiwould consider utt rly i appropr ate foria =~d~~ ~ to Zem~att mustsmake a few duisions in advance The cn
~ where visitors must drop off tfieir vehicles and Y
board some form of public nansport to reach ngged mountain valley. . take-a tr.iin, as did Ihe.visiqng gmup of Acpen and,Colorado officials this ;
the town.- But if the cars must go somewhere, the Week, or they can diive. ,
If the quaint and quiet town is the amicable Swiss would ra[her put them in a centralized W iftheY chpose tha car, as about three-quarters of Zemtatt toutists d0,
.
Jekyll, then the out-of-town parking swctures area than allow them to dirtY the alpme envi- they.must leave it behind beforc coming to town. -
ronment that has made the Berner Oberland
and transit p~v~ PaY $4 P~daY to ieave their prs downvalle sch; antl the
depots represent the decidedly Y~ m Te y
~ unfriendly and unsighdy Hyde. pay abovt $12 for the 10-mirmte train ride into'Zermatt Slding has neder:';>
~ So it is with the car-free village of been a poor_man's sport, but visitors to this spectacular valley must be ~
Zermatt, the gateway to the colossal m ~ ready fo spend. As.witL many of the rnil facili6es in this clean, efficienf ~
4,478-meter (14,777 feet) Matterhorn in ~s a8g hePe °t1e 01aReC116g l~y nation, the Tasch-Zem~att train is:privately owned, and appatendy turns"a'' ;
southern Switzedand, where a mammoth handsome piofit. - '
park-and-ride lot in nearby Tasch houses ~~~~ersf and the r8iB.4i naCwas amazing news to the Coloradan visitors, who ane adautomed;
' the vehicles. that aren't allowed to the to heavily subsidized guvernmentowned haosit systems.
~ head of the valley. The same.goes for ' - Ralph Ti'apani, CDOT, "We hear all.the time about how mueh parking lots cost; and how miich
beautiful auio-free Werigen, perched on a Qt LQ/!tg/brf/RRCR, Switzerland money they lose," said Aspen Mayor John Bennett. "We also hear about„ '
dramatic bench below. the 4,158-meter rail how much it costs and how much it loses. Here they're boW'malong :
I (13,721 feet). Jungfraq and just a short, money.'That's extraordinary.','
steep cog-rail ride from the Lauterbrun- At the Zeimatt train sqtion, pushrarts are provided' for guesls to fetry '
nen "intermoda] center." their Suggage and sld gear easily, out to tlie.sheet, where a phalanx, of elec- .
Tasch and Lauterbrunnen get the ' trie wagons - every•hotel in.town hasone =waits to take them fo theu
lion's share of the concrete, steel and asphalt so overnight destinafion.'. .
that Zermatt, Wengen and other mountain vil- region famous. People h'ke tn spend theit holidays in a place.where lheie.is'no.pollu=
~ la es can offer tourists a clean and relaxin ~Pen officials have plenty of reservations qon and nmt a lof of ~ise,".said Amade Perrig; director of Zetmatt's totirist i,
` alpine vacation experience. g about such s[ructures in the upper Roazing Fotk affice. "I7us is actually a'cozy, whole adnosphem"'
Aspen-area officials are uaveling the Swiss Valley, but they're begirming to understand the 'ne concePt wotks. Zermatt has.enJoYed a steadilY mcreasing~tounst=";
,
alps this week, visiting resort towns to see how tradeoffs inherent ro coastruction of an innova- ~ven economy for decades, unel last year when the.Swiss franq rose high .
the Swiss do things, especially transit. They've 11°e mass-traasit system. - ' Enollgh to send inter-
focused especially on auto-free villages, not Trapani noted that the Iauterbrunnen facili- national, guests to . '
because Aspen has any plans to ban the auro- h' could easily have been painted or textured to ,other tesorts.•Aspen's
~ mobile, but because they are attempting to blend in more readily with the surrounding risiagnumbersoffor- r
scener but he had no "silver bulleP" ideas to ei travelers.ma People,like.to speead;.....
build a new entrance to Aspen that wodt invite y, $n Y' ,
any more cars into town than are already there. completely hide an Aspen facility from public ` well have to do with , their leolidays in a.place
: lu numerical terms, they aim to divert neady view. Aspen Mayor ]ohn Bennett, weighing his exchange tates in
40 percent of the people coming into Aspen, competing desires for public transit and low- Switzerland. yyhere`there is mo, IIutB~en, , J
from cars to public transit - either buses or impact development, had to admit that light rail W~tever the case;,, ~
, light rail. comes with its own set of disruptions to the the world continues asyd not a 9ot of noHsee" The Swiss trip is reinforeing in very plain landscape and character of a town. '.to flock to Zermatt,
temu something that engineers have been say- One of the main lessons to be learned in and the lack of cars is --Am(tde Perring for months: If Aspen aims to get people out studying Swiss Vansit is that a functional, effi- one nP the resorYs ,
of their cars, it will have to provide places for cient system involves costly and physically :strongest,''selling . ZB17AC1ttS t0l771StCI1rCCtOi'
people to park. Tasch and Iauterbrunnen are imposing infrastructure - wires, poles, steel pqints, Perrig said.. " ~ ' •
two clear examples of how it can be done. rails, maintenance barns, station buildings, The others are per-
"The center at Iauterbnumen is the closest signs, gates, signal lights and, yes, thousands of haps more obvious
thing Pve seen to what we're looking at for, parldngspaces. the towering Matter- •
; Aspen," said Ralph Trapani, the state trans- "A[ some point you've just got to say `the horn and a host of - "
portation departmenPs Eotrance to Aspen pro- cars are here,"' said Bennett, gazing out over a active'glaciers, guaranteed year-round snow and a well-esfablished famity-
ject manager, as he rode yet auother train from glittering sea of vehicles in the 1,500-space Iodging tradition that draws the same guests back time and agaia:
~ Lauterbrunnen to Gstaad,-the delegation's next Tasch pazking facility. °You can't hide them." pispen-area officials came to the resort along with.severnl engineers _
from the Colorado Department of Trarisportation to'see how- a cai=free:
~ Switzerland resort wotks. Aspen has no immediate plans to ban cars; buhmany of,the.'
same techniques that Zermatt uses w accommodate slaer=guests may`we1F;: ;
be •ised ui desigiiing a new Entrance to Aspen.
' . -7udch
, pQg- :•`..~"F~s'~~~ : Lt iryw$ co coax peaple out of.their cais and onto eiWer'abus'oHigtit=
fiiZ@BoEch
raii system, tlspep will have to pmvide park-and-ride lors and'Snteimodal."
~ ~°w centers where people headed fnr town can 1wp on public transit"Ihe Tasch
Park-and ride and intermodal center below Zerniatt,.wlrich 6es about 1;500
so eapm spaces"and may soon expand, was one of the'focal poinfs.of ihis weeklong : e
. . ; . , r......_;', q,•„'F-,`..`,.::j,~y:rt, .EXpCdi[IOII.= . . . .
3.
, tmaoc ~S ' .:,•F• 7hscA,', ~&antuan Pa . g 4' "
~ ,•;,„~,,,_~:,<,<.z, Otfieialssee. withits rkin io aasomethingofati...:
$wam alterego io car-free Zeimatl>ilnd~there's no'doubrthat•theT;isch parking , T
: , facility wMch has'about five times as many spaees as the Rspen airport
. , parlcand-ride - is a staggering sight in a narrow alpiqe 4alley. In ortler fo -
! '•0 ' limit traffic to 1994 levels in'Aspen, officials.are planning;to build ttmu=-
ecm OboaMa saads of packing spaces.amund-the Roaring Fork Vall'ey,.but"they, wonld ;
*DHMOS ;nost likely be sprinkled at various.pdints along some'AO miles of Highway ,
Uri , _ . . . s.
:
meysa~ Knoaving how tough,it will be to obtain land, governriient appmvals aiid,'.
commiintty support for all that pavement,:the Co(oiadans were smprised Uo_ ;
hear that Tasch"residents don't particulazly mind having the mofha: af a11:
P, lots in their town. Pemg eX"Plained-that the•7~sch dot is.actuail
az~S . . Y;:
leased from hundreds of private laadotvners who aA stiaae ia` die pioceeds:
They like it," Perrigsaid. "Everybody, Bets'a chunk of mon
; . . cS'°'°:'::;
• .,~z~.; ~,;;,~k,i, Pitkin County CotnmisstioneiLeslie.i,aznoDt'COmmettted a$etward,#hat'.~.:
the pracvcal-minded Swiss people don't seeui ro mind'all the highly..engi-
neered steel,and conccete hardware'that:gces with,-their.mass-transit sys-:
tems: ilspenites tv~ll'fiet and fight over ridgeli~ hoines; histaric buildin
s
four-lane hig6ways and ski-area eiq+ansions, while the ualitarian`Swiss'are;..
B• d:~?~' 'r~;. :`~=3:`;~....
~ V ,:„~F ; ; : :v cleaily wiUing to aceept the-environmentai•and aeat6e6c cdnsequences u#. a ~
Z@P9i18t${~ functionaltransportarionsystem.
On a walkin touc aiouud • • ; : : ' .
g Zermatt, Pemg noted.[haf a ceitain old:hotel;.;
d con4ingent of local and state oiNclals Is touring Europe to vlew traln systems In small N'~ ~1°g tom down next to the train stataon: When asked by an Aspenite:
reaoR towna there In hopes'of assessing the posslble Impact of a 4raln on Rspen. The about the historical significance of the o]d slate-rrwfed.chaley
_ Voup started In 8urlch and has traveled to Davos and"Zermatt. Yhey wlll vlsk several S~~ ~d said "Oh; we bave lots of ntliei hisroric buildings.;
4oevns In France, as m+ell, before retuming to the Unlted States. ' . , a._._ . . ,~3~~,:~~•
..:.,.1M..,g.~.".. `~y`.l~~Y ~.y "L, ww~..rt7`• "-„h`~~~. Fi~.a _ . . - . .
' ~Y~•..r+ '°:C*wvtv'X-'^ib+- -i4. e ~{`..,i~: o~~~nr~ S~2S"i~ ~
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ti
TOWN OF VAIL MEMORIINDUM
TO: Robert McLaurin
Council Members
FROM: Judy Popeck
DATE: April 23, 1996
RE: Investment Report
Enclosed is the investment report with balances as of March 31,
1996.
A$500,000.00 FHLB was purchased on March 7, 1996 with a yield of
5.082% maturing on April 8, 1996. A$800,000.00 FFC was purchased
on March 7, 1996 with a yield of 5.097% maturing on September 6,
1996. A$1,500,000 FNMA was purchased on March 26, 1996 with a
yield of 5.396% maturing on September 27, 1996. Dana Investments
purchased a$66,341 FHLMC on March 28, 1996 with a yield of 5.972%
maturing on March 1, 2026.
The estimated average yield for the debt service fund was 6.87% and
5.82% for the pooled cash fund. Currently the yield curve for 3
months, 6 months, and 1. year are 5.05%, 5.03%, and 5.18
respectively.
_ The March rate for the Colotrust money market fund was 5.05%.
Please call me if you have any questions.
' Town of Vail, Colorado
Investment Report
Summary of Accounts and Investments
For the Month Ending March 31, 1996
Balances Percentage
3/31/96 of Total
Money Market Accounts (see page 1)
Commercial Banks $1,540,926 8.99%
Money Market Funds $73,149 0.43%
Total $1,614,075 9.42%
Commercial Savings
Banks & Loans
Certificates of Deposit (see page 2)
Eagle County Institutions 0.00%
Other Colorado Institutions $198,000 $198,000 1.15%
iVational Institutions 0.00%
Total $198,000 $198,000 1.15%
Percentage of Portfolio in Savings & Loans 0.00%
' U.S. Government Securities (see page 3)
Treasury iVotes & Bills $4,025,827 23.48%
GfViVIA's $66,963 0.39%
U.S. Savings Bonds $30,058 0.18%
Federal Agency Discount Notes & Bonds $11,210,581 65.38%
~
Total $15,333,429 89.43%
- " Total Portfolio $17,145,504 100.00%
Maturing 1lVithin 12 Months $15,374,276 89.67%
fVlaturing 1Nithin 24 fiNonths $652,709 3.81 %
Maturing After 24 Months $1,118,519 6.51%
$17,145,504 100.00%
4/23/96
invsmjlp
~ Money fViarket Accounts
4
as of March 31, 1996 --For the Nionth of fViarch--
Institution Balances
Type of Accounts High Lovu Average 3/31/96
COMMERCIAL BANK ACCOURITS
First Bank of Vail - Operating
Interest 5.490% 4.820% 5.220%
Balance $3,998,102 $2,402,402 $2,968,294 $1,520,085
First Bank of Vail - Insurance
, Interest 5.490% 4.820% 5.220%
Balance $1,099
Colorado National Bank Super Rlow Account
Interest 3.000%
General Operating Account
Balance $19,742
Total Commercial Bank Accounts $1,540,926
MOIVEY MARKET FUNDS
Bank One Money fViarket Fund
. Interest 4.460%
Balance $67,145
Fidelity Investment Government Money Market Accounts
Interest 4.890%
Bond Issue Reserve Account
Balance $6,004
Total Wloney iViarket Funds $73,149
Total all accounts $1,614,075
4/23/96
invmmjlp Page 1
Y
~ Certificates of Deposit
V
as of March 31, 1996
Bank Name, Location Days to
Rates Purchase Maturity Maturity Maturity
Ins Coupon Yield Date Date at Purchase Value
BestBank, Thornton Colorado
FDIC 7.250% 16-Feb-95 16-Feb-97 322 $99,000
Key Bank of Colorado, Greeley Colorado
FDIC 6.392% 6.600% 19-Jun-95 19-Jun-96 80 $99,000
Avg Yield 6.925% $198,000
4/23/96
invcdjlp Page 2
y .
Govemment Securibes
as of March 31, 796
"'7reasury Notes 8 Bills""
Days to Days
Interest Rate Purchase Matudty Matudty to Book Par
Type Fund Coupon Yield Date Date at Purchase Matunry Value Value
TNote Pooled 4.250% 4.340% 17-May-93 15-May-96 1094 45 $499,944 $500,000
TNote Pooled 6.880% 5.333% 21-Mar-96 31-Oct-96 224 214 $3,026,011 $3,000,000
TNote Pooled 6.500 / 6.553 /0 13-Oct-94 30-Sep-96 718 183 $499,872 $500,000
.
Average Yield 5.36% $4,025.827 $4,000,000
Average Days to Maturity 147
"'GNMA'S'•'
Years to Estimated
Interest Rate Purchase Matudty Matunty Years to Principal
Pool Coupon Yield Date Dat*- at Purchase Matunty Outstanding
5803 8.000 % 8.480 / 14-Nov-86 15-Oct-05 19.10 11.00 $22,766
13003 8.000 % 9.500 / 24-Oct-86 15-Oct-06 20.20 12.00 $19,550
14659 8.000% 9.200% 24-Oct-86 15-Jan-07 21.20 13.00 $24,647
'
Avg Yield 9.043 /o $66,963
"'U.S. Savings Bonds"'
Years to
Issue Maturiry Matudty Years to Book Maturiry
Series Yield Date Date at Purchase Matudty Value Value
~
EE 7.170% 01-Oct-86 01-Oct-96 10.00 0.50 $30,058 $30,000
"*Federal Agency Discount Notes & Bonds"'
Days/Years to
Interest Rate Purchase Matudty Maturity Years to Book Matudty
Agency Fund Coupon Yield Date Date at Purchase Matudty Value Value
SBA Pooled - Dana 9225% 26-May-94 25-Mar-2008 13.8 12.0 $86,457 $109,734
FHLM Pooled - Dana 8.401 % 28-Jun-94 01-Mar-2019 24.7 22.9 $46,293 $66,355
' FNMA Pooled - Dana 7.542 % 28-Jun-94 01-Oct-2017 23.3 21.5 $79,860 $97,572
FNMA Pooled - Dana 7248/ 29-Jun-94 01-Jun-2014 19.9 18.2 $67,924 $110,531
SBA Pooled- Dana 9.725/0 29-Jun-94 25-F b-2008 13.7 11.9 $58,180 $82,749
SBA Pooled- Dana 8.975/ 29-Jun-94 25--2019 25.0 23.2 $102,312 $108,523
SBA Pooled - Dana 9.725 % 18-Aug-94 25-.JM-2008 13.9 12.3 $74,477 $109,875
SBA Pooled- Dana 9.725/ 29-Jun-94 25-Jan-2008 13.6 11.8 $82,862 $110,088
FNMA Pooled - Dana 7.503 % 27-May-94 01-May-2020 25.9 24.1 $72,788 $100,577
FHLMC Pooled - Dana 7.834 / 28-Aug-94 01-Aug-2018 23.9 22.4 $68,529 $74,245
SBA Pooled - Dana 9.225/ 12-Ju1-94 25-Jun-2019 25.0 232 $81,971 $108,744
SBA Pooled - Dana 8.975 / 08-May-95 25-Dec-2019 24.6 23.8 $99,076 $99,391
FHLMC Pooled - Dana 5.972% 28-Mar-96 01-Mar-2026 29.9 29.9 $66,341 $66,341
FNMA Pooled - Dana 6.460^/a 24-Jan-96 01-Oct-2023 27.7 27.5 $64,486 $75,722
FNMA Debt Service 6.912 /0 27-Feb-95 17-Jan-97 1.9 Days $282,032 $280,000
FHLB Pooled 5.124 / 02-Feb-96 04-Apr-96 62.0 Days $599,747 $600,000
FHLB Pooled 5.082% 07-Marv96 08-Apr-96 32.0 Days $499,513 $500,000
FFC Pooled 5.097 / 07-Mar-96 06-Sep-96 183.0 Days $782,731 $800,000
FHLMC Pooled 5.122 / 07-Mar-96 20-May-96 74.0 Days $695,220 $700,000
FNMA Pooled 5.396/ 26-Mar-96 27-Sep-96 185.0 Days $1,461,654 $1,500,000
FHLB Pooled 6.749% 02-Mar-95 02-Aug-96 1.4 Days $751,563 $750,000
FNMA Pooled 5.106^/ 26•Feb-96 16-May-96 80.0 Days $1,490,617 $1,500,000
FHLMC Pooled 6.789 / 27-Mar-95 23-Aug-96 1.4 Days $745,168 $750,000
FHLB Pooled 6.600% 31-Mar-95 10-May-96 1.1 Days $700,028 $700,000
FFC Pooled 5.794% 27-Jun-95 28-Apr-97 1.8 1.1 $652,709 $650,000
FHI.MCPooled 5.111% 16•Feb-95 15-Apr-96 1.2 Days $998,043 $1,000,000
FHLM Pooled 4.560% 4.560% 03-Jun-93 03-Jun-96 3.0 Days $500,000 $500,000
$11,210,581 $11,550,447
Average Yield 5.83%
Average Years to Matunry 11 Total $15,333,429
4/23/96
invtrjlp pa9e 3
e
.
beg
TOii' OF UAIL ~
1309 Vail Valley Drive Department of Public Works/Transportation
Vail, Colorado 81657 303-479-21 S8/FAX 303-479-2166
April 23, 1996
Dr. Thomas Busard
P.O. Box 2240
Vail, CO 81658
Dear Dr. Busard,
I have reviewed your letter reiterating tbe concerns on the purchase and practicality of 40' transit buses. As mentioned in previous correspondence, a considerable amount of research was done
prior to the Town's commitment to purchase and we have been quite pleased with their
pcrformance on the Intown routc.
The use of the longer buses on the Intown route has eliminated our dependence on a"spacing"
system (where a bus sits at a stop waiting to meet up with the bus traveling in the opposite
direction). This system was necessary in order to keep adequate space between buses, even
though it was inefficient. At times it was quicker to walk to your destination rather than ride the
bus! With fewer buses, wc have no dwell time and are able to keep people moving quickly. '
With the low floor buses, we hope to drastically reduce the number of slip and falls resulting from
the high steps on the oldcr buses. Since the new buses have been on the route, no incidents have
occurred. We will be monitoring this closely.
The Town also purchased smaller coach vans to use on select outlying routes where ridcrship
does not justify a larger bus. This is not the case on the Intown route. •
The Town of Vail has made a deliberate effort to remain competitive in the employment markct,
especially with bus driver wages. Unfortunately, pay is only one component. More significantly
are the issues of valley-wide affordable housing, a dwindling seasonal workforce, and an increased
"menu" of jobs to choose from. These issucs are of high priority with the Town Council and
staff.
LETTER TO DR. BUSARD
April 23, 1996
Page 2
Thank you for your input and please call me directly at 479-2173 if you have any questions or
need additional information.
Sincerely, Larry E. rafel, Direc r
Department of Public Works/Transportation
cc: Bob McLaurin, Town Manager [Vail Town Council
Mike Rose, Transit Manager
du-
d.,
. ToWN oF vAIL
~
• Input/Iziquary R,esponse Record The attached comments were recently received by the Town of VaiL We encourage Vail residents and guests to give us such input and we strive for timely responses, PLEASE
A.DDRESS THESE CONCIIZNS WTI'I-iIIV FIVE WORKVG DAXS AND R,ETLTRN THIS
COMPLEIM FORM T'O PAM BRANDMEYEEL D EPA.R TO HAND LE INQTJIRY
' LNDIVIDUAL TO HAiNDLE INQLTIlZY
• DATE TOV RECIIVID INptTr/INQUIRY 3• C~-4b
. . Cd~ V- ~•~-~c~ )
TYPE OF LNPUT/NOUIIZY: .
PHOINTE CALL (indicate date) LET'I'ER (attached) ~~-d-~ n &q
RFSPOtiSE CARD (attached) ~n%Ut~4-tt.4 i`Q.~ c~.~`~- ~-0`u- ~ •
~ Q
TYPE OF RES~PONSE (check one,): LE= (attach copy)
, PHONE CALL (indicate date) _
BIZTFF SL.~vLMARY OF RESPON OR AN WEIZ TO INOIJIRY:
; DATE OF RESPONSE FOR:~f RENR:~~D BY DEPART~"I' TO PAM BR~~1D1gyE,R:
~
• A copy oi t5is inquitv and fom wii( rrmnin on file at tl:e TOV Community Relations offim. As soon as lhis form u rrtur..ed to pam
. Bnndmeyer, this inquiry :vill be considered dosed. • iI-L~,V <'!CU c=QR YCLR 7LVt'Z.Y I-LT.,~+DL.~G QF i rZ5 LSSLM ~ YOU F{AVe fu,fY QUESiTONS, .°Lak5$ Fr'., :Z.r'_-, Tp CCtiiACT
PAh( BR.-\N-UN1E1'':..2AT1.79•2113.
9 RECEPVED MAR 1 8 1996
DOLORES F. BU5ARD and THOARA5 R. BUSARD, M. D. .
Currently at our
Western Address Permanent Address Northern Address
*Box 2240 *5050 18th Avenue West *20051 Berwyck A-9
*Vail *Bradenton *Spring Lake
*Colorado 81658-2240 *Florida 34209-5148 *Michigan 49456
*(970) 476-4308 *(941) 792-4324 *(616) 846-2181
My Ref: TOVAIC15 March 15, 1996
Town of Vail
Vail, Colorado 81657
Gentlemen: Attention: Town Council
About a year ago I wrote the Town of Vail (TOV) Council a letter asking
you to reconsider the purchase of 8 three door buses. I enclose a copy
of that letter for your convenience in reviewing my points made then.
I wish to bring them to your attention again. They are still valid.
I received a somewhat snotty answer last year, the gist of which was
that I was too uninformed and likely too stupid to understand the
situation. I plead guilty on that count, but only as to my 4th point,
regarding the Americans With Disabilities Act. Until tha.t. act is
amended or repealed, we will indeed have to live with nonsensical
politically correct regulations, promulgated by bureaucrats who are out
of touch with the real world.
The other points in my letter were true then, and remain true now. I
ask that you review them.
I have now ridden the demonstration bus. I have observed that the only
people who seem to like it are the bus drivers, and, presumably, the
persons who are responsible for the faulty decision to purchase them.
Exiting this bus is not only difficult, but dangerous. When one steps
(jumps?) to the ground with skis in one hand and poles in the other,
balance is more precarious than when departing the other buses, with
only poles in one hand, and a handy grab rail in the other. I am a
level 9 skier, yet I have some problems, probably related to the fact
that I am 72 years old. I have solved my exiting problems by using
skis and poles as crutches, then swinging down to the ground, as I used
to do when I was 12 and had a broken leg.
But I am not the only one who has complaints. Bigger busses (crowd
movers) are not the answer to better service for our visitors. Smaller
and more frequent buses are the solution.
And if the TOV can't get enough bus drivers, that indicates to me that
compensation levels are too low. I have always paid my employees very
well, and I have always had superior employees. And, needless to say,
I've always had a long list of waiting applicants, in case there were a
job opening.
Vail should have plenty of money. If not, that reflects poorly on our
public servants, not our sources of funds. That subject probably
deserves more comment, but not in this letter.
Please try to find a way to avoid using our tax money to buy the rest
of the buses. There must be some legal and morally acceptable way to
avoid completing the behemoth bus deal. As a last resort, try to
peddle them to some flat land community, even at a loss to the TOV.
If we expect visitors to visit us, we should supply the very best in
service for t.hem, not what may be most expedient for us.
It is not foolish to admit a mistake. It's only foolish to make a
mistake and not admit it.
When you have dug yourself into a hole, the first thing to do is to
stop digging.
Very truly yours,
~
Z't
Thomas R. Busarcl ; N, . D.