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HomeMy WebLinkAbout1997-06-17 Support Documentation Town Council Work Session ; 4 - , J % I • ~ j ~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, JUNE 17, 1997 2:00 P.M. AT TOV COUNCIL CHAMBERS AGENDA NOTE: Times c+f items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • Site Visit and Discussion of Buffehr Creek Park Use. (30 mins.) Tom Moorhead 1:45 P.M. MEET AT MUNICIPAL BUILDING FOR TRANSPORTATION. Pam Brandmeyer Larry Grafel ACTION REQUESTED OF COUNCIL: After reviewing the Buffehr Creek Todd Oppenheimer site, we would like Council to consider three possible options: 1) leave the Mike Knox dirt bicycle course unchanged until early 1998 when a neighborhood public process will be used to determine the site's future use; 2) modify the course through redesign, reconstruction and/or rebuild (unfunded financial implications); 3) remove the course. BACKGROUND RATIONALE: Through previous conversations with Council, Council is aware this issue first came to light approximately six weeks ago. Bill Adams with ISU Insurance will be available to answer insurance questions and to discuss implications of insuring the site for its current use. Additionally, Town Council committed to the neighborhood in the Buffehr Creek park area that they would have input in determining the future use of this particular lot. Those neighborhood meetings have been scheduled for the early part of 1998 with any possible construction of the park site occurring during the summer of 1999. The current dirt bike course was built with the best of intentions. However, given the commitment made last July to collaborate with the neighborhood and given the cost the Town will be incurring in order to allow this continued use (fencing of private property and possible additional insurance costs) staff determined the matter needed to be resolved by Council. This quarter acre parcel was purchased by the Town of Vail last June for $190,165.00 in an effort to expand West Vail's recreation/open space and to further enhance and enlarge the existing Buffehr Creek Park for the current neighborhood, as well as to include our new Vail Commons homeowners. 2• Site Visit for Council Call-up: A request for a conditional use permit to Dominic Mauriello allow for a brew-pub and a request for a variance from Section 18.26.040 J, to the requirement that no more than 45% of the annual production be sold for off-site consumption and a variance to the requirement for 50% of the parking to be located on-site (Section 18.26.150), located at 600 Lionshead Mall (Gondola Building)/Lot 4, Block 1, Vail Lionshead 1st Filing. Applicant: Vail Associates, Inc., represented by David Thorpe. (30 mins.) ACTION REQUESTED OF COUNCIL: Site Visit. BACKGROUND RATIONALE: The Planning and Environmental Commission, at its June 9, 1997 meeting, approved the applicant's request for a conditional use permit for a brew pub, a variance allowing 90% of the product to be sold for off-site consumption, and a variance allowing all parking to be provided via payment into the pay-in-lieu fund. The approval is subject to the following conditions: 1. That the conditional use permit shall be subject to call-up and review by the PEC if it is found that the use is not operating in compliance with the conditional use permit. ti , J~ l~ 2. That if the building is substantially reconstructed, the conditional use permit shall become void. 3. That the brew pub shall be equipped with an air filtering system to reduce potential odors associated with the brewing process. 4. That the applicant submit a detailed loading and delivery plan which addresses all uses that utilize this loading facility to the town staff for review and approval. Prior to obtaining a TCO, the site shall be in compliance with all applicable health codes and other Town requirements. Provisions shall be made for pedestrian access and other vehicles shall only be parked in designated parking spaces on-site. The PEC also made the following findings: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. At the PEC hearing, the apptication was modified to allow for an outdoor dining area. The revised parking requirement is 31.38 parking spaces (4,725 sq. ft./120 sq. ft. - 8 parking space credit), requiring a payment of $530,494.59 ($16,905.5 per space) into the parking fund. Please refer to the attached memo to the PEC, dated June 9, 1997, for a more complete description of the project. 3. 3:00 p.m. Presentation of Silver Wreath of Valor to Fred Carsky. (5 mins.) Jeff Layman 4. Continued Discussion of Buffehr Creek Park Use. (30 mins.) 5. Discussion of Ordinance No. 12, Series of 1997, an ordinance George Ruther establishing Special Development District No. 35, Austria Haus, and providing for a development plan and its contents; development standards; and other provisions; and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce. (30 mins.) ACTION REQUESTED OF COUNCIL: Discussion of Ordinance No.12, Series of 1997 BACKGROUND RATIONALE: Please see the memorandum prepared by the Community Development Department staff dated June 17, 1997 to the Vail Town Council and the memorandum dated June 9, 1997 to the Planning and Environmer:al Commission. On June 9, 1997, the Planning and Environmental Commission recommended a conditional approval (6= 0) of the applicant's request for the establishment of Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/on a part of Tract C, Block 5-D, Vail Village 1 st Filing. 2 . ~ ~ 6. Contribution Process for 1998 Budget. (15 mins.) Steve Thompson Christine Anderson ACTION REQUESTED OF COUNCIL: Discussion. Pam Brandmeyer BACKGROUND RATIONALE: Last year a new process was used for granting contributions. Interested applicants contacted the Town by mail, fax, or phone to request an application. All applications were mailed out on the same day and were due back to the Town four weeks later. The applications were reviewed by staff and Council, and available funds were awarded. This process eliminated the presentations given by applicants in prior years. STAFF RECOMMENDATION: Review the process and make any requested changes. 7. Information Update. (10 mins.) 8. Council Reports. (10 mins.) 9. Other. (10 mins.) 10. Adjournment - 5:20 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) I I I I I I I THE NEXT VAIL TOWN COUNCIL SPECIAL WORK SESSION WILL BE ON TUESDAY, 6124197, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 7/1/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 7/1/97, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. C:IAGENDA.WS ( 3 VAIL TOWN COUNCIL EVENING IVIEETING TUESDAY, JUNE 17, 1997 7:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CITIZEN PARTICIPATION. (5 mins.) 2. Audited Financial Statements. (15 mins.) Jerry McMahon Steve Thompson Christine Anderson 3. Ordinance No. 12, Series of 11997,-OFdinance . 12, , George Ruther First Reading, an ordinance establishing Special Development District No. 35, Austria Haus, and providing for a development plan and its contents; development standards; and other provisions; and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce. (1 hr.) ACTION REQUESTED OF COUNCIL: Approve/deny/modify Ordinance No.12, Series of 1997, on First Reading. BACKGROUND RATIONALE: Please see the memorandum prepared by the Community Development Department staff dated June 17, 1997 to the Vail Town Council and the memorandum dated June 9, 1997 to the Planning and Environmental Commission. On June 9, 1997, the Planning and Environmental Gommission recommended a conditional approval (6- 0) of the applicant's request for the establishment of Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/on a part of Tract C, Block 5-D, Vail Village 1 st Filing. STAFF RECOMMENDATION: Approve Ordinance No. 12, Series of 1997 on First Reading. 4• Council Call-up: A request for a conditional use permit to allow for a Dominic Mauriello brew-pub and a request for a variance from Section 18.26.040 J, to the requirement that no more than 45% of the annual production be sold for off-site consumption and a variance to the requirement for 50% of the parking to be located on-site (Section 18.26.150), located at 600 Lionshead Mall (Gondola Building)/Lot 4, Block 1, Vail Lionshead 1 st Filing. Applicant: Vail Associates, Inc., represented by David Thorpe. (45 mins.) BACKGROUND RATIONALE: The Planning and Environmental Commission, at its June 9, 1997 meeting, approved the applicant's request for a conditional use permit for a brew pub, a variance allowing 90% of the product to be sold for off-site consumption, and a variance allowing all parking to be_provided via payment into the pay-in-lieu fund. The approval is subject to the following conditions: 1. That the conditional use permit shall be subject to call-up and review by the PEC if it is found that the use is not operating in compliance with the conditional use permit. 2. That if the building is substantially reconstructed, the conditional use permit shall become void. 3. That the brew pub shall be equipped with an air filtering system to reduce potential odors associated with the brewing process. 4. . That the applicant submit a detailed loading and delivery plan which addresses all uses that utilize this loading facility to the town staff for review and approval. Prior to obtaining a TCO, the site shall be in compliance with all applicable health codes and other Town requirements. Provisions shall be made for pedestrian access and other vehicles shall only be parked in designated parking spaces on-site. The PEC also made the following findings: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. At the PEC hearing, the application was modified to allow for an outdoor . dining area. The revised parking requirement is 31.38 parking spaces (4,725 sq. ft./120 sq. ft. - 8 parking space credit), requiring a payment of $530,494.59 ($16,905.5 per space) into the parking fund. Please refer to the attached memo to the PEC, dated June 9, 1997, for a more complete description of the project. , STAFF RECOMMENDATION: Approve the request per the PEC approval and conditions. 5. Town Manager Report. (10 mins.) 6. Adjournment - 9:45 p.m. 6VOTE UPCOMING MEETING START TIMES BELOW: (ALL T1MES ARE APPROXIMATE AND SUBJECT TO CHANGE) I I I I I I I THE NEXT VAIL TOWN COUNCIL SPECIAL WORK SESSION WILL BE ON TUESDAY, 6/24/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 7/1/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 7/1197, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. C:WGENDATC MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: June 17, 1997 SUBJECT: Austria Haus - requcst to establish Special Development District #35 The purpose of this memorandum is to provide a summary of the changes to the request for the cstablishmcnt of Special Development District #35, Austria Haus. On April 23, 1997, the Town Staff inet with the Town Council to discuss the future of the Austria Haus redevelopment and for thc Council to provide specific direction to the Austria Haus developers. The following direction was given by the Council: Town Council Direction 1. Reduce the proposed GRFA within the Austria Haus by 5,000 square feet. Applicant's Rcsponsc: 5,205 squarc fcct of GRFA has becn removed. 2. The maximum building height for the Austria Haus shall NOT exceed 48'. Applicant's Rcsponsc: Thc maximum building hcight is 48' from finish gradc. 3. Remove the penthouse level to reduce the number of building stories from five to four. Applicant's Response: The penthouse level has been removed and the building is now four stories tall. 4. No less than 10,100 square feet of accommodation unit square footage shall be constructed in the Austria Haus. The 10,100 square feet shall be apportioned into whichever number of units the developers feel are appropriate to successfully operate a hotel. Applicant's Response: 10,261 square feet of accommodation unit square footage is proposed in 25 i. / accommodation units. 5. Two 20' foot setbacks on the property shall be maintained. Preference should be given to the west and south setbacks. Applicant's Response: One 20' foot sidc sctback has bccn maintained along the wcst property line. The rear (south) setback is 19' fcet. 6. The proposed 4,649 square feet of commercial spaces shall be maintained as it provides the necessary commercial link between the Village and Crossroads. Applicant's Response: 5,402 square feet of commercial square, footage is proposed. 7. All parking shall be on-site and a land trade is an acceptable means of accomenodating the necessary area of the parking structure. Applicant's Response: Thc parking rcquircmcnt is bcing mct on-site (60 spaces required/63 spaces proposcd) and a land tradc via a minor subdivision is proposcd. 8. A community room shall be provided within the Austria Haus for meetings, breakfasts and tfie like. Applicant's Response: A community/mecting room of approximately 550 square fcct is proposed on the first lcvcl of thc Austria Haus. 9. The loading and delivery plan shall be redesigned to reduce the reegative impacts on the streetscape (pedestrians, guest vehicles, etc.) Applicant's Response: A loading /delivery management plan is proposcd to minimize the negative impacts on the streetscape. 10. The staff will make braef presentations to the Council during the normal PEC reports, 'I'hese presentataons will include full size plans and copies of all memoranda. Staff Response: Staff has made brief presentations to the Council during the normal PEC report. 2 11. The proposed deadlines of June 22 and July 22 are extremely aggressive. The developers should rethink the deadlines and request extensions as necessary. Applicant's Response: First reading of Ordinance #l2, Series of 1997, is schedulcd for June 17, 1997, with sccond reading scheduled for July l, 1997. 12. The staff will make a presentation to the Town Council and PEC on May 6th regarding the pros and cons of both SDDs and the East Village Homeowner's advocated PA-1 zone district. On May 6th, the Council will decide which application they will review. Staff's Responsc: - A presentation was made to Council on May 6th. Following the presentation, the Council directed the applicant to proceed with a Spccial Dcvelopment District. 13. The Town Councii did not feel it was appropriate to express their preference on the architectural design. lnstead, they felt the design of the building should be left to the architect. Applicant's Rcsponsc: Thc applicant is proposing a single building with threc separate "building forms". 3 f ; MEMORANDUM ORIG+[NAL TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 9, ] 997 SUBJECT: A request for a final review for the establishment of Special Development District #35, Austria Haus, to allow for the redevelopment of the Austria Haus, located at 242 East Meadow Drive/on a part of Tract C, Block 5-D, Vail Village First Filing. Applicant: Sonnenalp Propctties, lnc., represented by Gordon Picrce Planner: George Ruther 1. BACKGROUND On March 25, 1997, thc Vail Town Council hcld an afternoon worksession and evening public hcaring to discuss thc first rcading of Ordinancc #4, Scrics of 1997, an ordinancc providing for the cstablishment of Special Dcvclopment District #35, Austria Haus; adopting a dcvelopment plan for Special Developmcnt District #35; and setting forth details in rcgard thcreto. Upon review of Ordinance #4, the Town Council approved the ordinance on first reading with seven conditions. One of the conditions required that the applicant reappear beforc the Planning and Environ.mental Commission with an amcnded proposal for the Commission's revicw and rccommcndation. On April 14, 1997, the Planning and Environmental Commission held a public hearing to consider an amcnded proposal for the establishment of Special Development District (SDD) #35, Austria Haus. The amendcd proposal was in response to changcs rcquested by the Vail Town Council at the first reading of a proposed ordinance establishing SDD #35. Upon rcview of the amended proposal, the Planning and Environmental Commission voted 6-1 to recommend approval of the amended proposal for the establishment of SDD #35 to the Vail Town Council. On April 15, 1997, the applicant appeared before the Vail Town Council for the second reading of Ordinance # 4, Series of 1997. Upon consideration of the Planning and Environmental Commission's recommendation of approval and review of the amended proposal, the Town Council voted (4-3) to deny the ordinance stating that the applicant had not met the intention of the conditions of approval placed on the project at first reading. On Apri123, 1997, the Town Staff inet with the Town Council to discuss the future of the Austria Haus redevelopment and for the Council to provide specific direction to the Austria Haus developers. The following direction was given by the Council: % 1 ~ Town Council Direction 1. Reduce the proposed GRFA within thc Austria Haus by 5,000 squarc feet. 2. The maximum building height for the Austria Haus shall NOT excced 48'. 3. Rcmove the penthousc level to reduce the number of building stories from five to four. 4. No ]ess than 10,100 square feet of accommodation unit square footage shall be constructed in the Austria I-1aus. The ] 0,100 square feet shall be apportioned into whichever number of units the developers feel are appropriate to successfully operate a hotel. 5. Two 20' foot setbacks on the property shall be maintained. Preference should be given to the west and south sctbacks, 6. The proposed 4,649 square feet of commercial spaces shall be maintained as it provides the necessary commercial link between the Village and Crossroads. 7. All parking shall bc on-site and a land tradc is an acccptablc mcans of accommodating the necessary arca of thc parking structure. 8. A community room shall be provided within the Austria Haus for meetings, breakfasts and thc like. 9. The loading and delivcry plan shall be redesigned to reduce thc negative impacts on the streetscape (pcdestrians, gucst vehiclcs, ctc.) 10. The staff will make brief presentations to the Council during thc normal PEC reports. Thesc presentations will include full size plans and copies of all memoranda. 11. The proposed deadlines of June 22 and July 22 are extremely aggressive. The developers should rethink the deadlines and request extensions as necessary. 12. The staff will make a presentation to the Town Council and PEC on May 6th regarding the pros and cons of both SDDs and the East Village Homeowner's advocated PA-1 zone district. On May 6th, the Council will decide which application they will review. . 13. The Town Council did not feel it was appropriate to express their preference on the architectural design. Instead, they felt the design of the building should be left to the architect. ~ t 2 . s , On May 6, 1997, at the request of the Town Council, the Town Staff madc a presentation to the Council regarding the Special Developmcnt District and rezoning pt•ocesses. Thc purpose of the presentation was to inform thc Council of thc pros and cons of using an SDD vs rezoning in the redevelopment of thc Austria Haus. Upon listening to staff's presentation, the Council unanimously (6-0) directed the Austria Haus devclopers to proceed with a Special Devclopment District. On May 19, 1997, the Planning and Environmental Commission hcld a worksession to discuss the establishment of SDD #35. The Planning and Environmental Commission reviewed the rcvised plans and resolved four issues with the applicant. The Planning and Environmental Commission resolved that the 12-foot wide, conerete unit paver walkway in East Meadow Drive necd not be constructed, that pedestrian access through a portion of Slifcr Square as originally proposed should bc constructcd and a landscape planter bc added west of the proposed bus shelter, that the pool deck location, as proposed is appropriate, and lastly, that the architecture of the "turret" at the northeast corner of the building is acceptablc. U. DESCRIPTION OF THE REOUEST Thc applicant, Sonnenalp Propcrties, Inc., rcpresented by Gordon Piercc, is requesting a . workscssion with thc Planning and Environmcntal Commission to discuss thc establishment of Spccial Development Distcict #35, locatcd at 242 East Mcadow Drive/on a part of Tract C, Block 5-D, Vail Village First Filing. The applicant is proposing to establish a new Special Uevelopment District overlay to the underlying zone district of Public Accommodation, to facilitate the redevelopment of the existing Austria Haus. The applicant is proposing significant improvcments to the existing Austria Haus properiy. The Austria Haus is intended to bccome a membcr-owned resort club/lodge, comprising a mix of hotel accommodation units and two and three-bedroom club units with associated club amenities/facilities. The Austria Haus proposal is intended to provide additional hotel and "hotel-type" accommodation units in the Town of Vail. The applicant is proposing to incorporate 18 member-owned club units (11 three-bedroom & 7 two-bedroom), with 25 hotel rooms and one on-site manager's residence (Type III Employee Housing Unit). The applicant is proposing 5,402 square feet of new commercial/retail space on the main level of the Austria Haus. The Austria Haus proposal includes a front desk reception/registration area operating 24 hours a day and seven days a week, a lounge, an exercise room, meeting room facilities, a food service pantry, member ski storage, an outdoor pool and other accessory facilities commonly associated with hotels and lodges. Summaiy of Changes The following summarizes the changes from the April 14 and May 19 SDD proposals: 1. The number of club units was reduced from 22 to 18, the number of hotel rooms was reduceci from 28 to 25, and all lock-off units have beep eliminated. 3 2. 7,697square fect of gross buiiding area has bcen removed (5,205 sq. ft. of GRFA/21492 sq. ft. of other building area) from the April 14 SDD proposal. 3. The building hcight has been reduced to 48 feet maximum from finish grade. 4. A meeting room, food service pantry and an outdoor pool have been added. 5. The parking reRuirement continues to be met on-site. 6. The brick paver pedestrian walkway has been replaced with an asphalt walkway. 7. 933 square feet of commercial square footage has been added to the April 14 SDD proposal. 8. At least 10,100 (10,261) square feet of accommodation unit square footage has been maintaincd. The applicant has identificd what they belicve to bc the public bencfits which will be realized as a result of the Austria Haus rcdevelopment and Special Development District #35. Public Benefits 1. An increase in the annual occupancy of the Austria Haus. 2. The addition of approximately 5,400 square feet of rctail space (sales tax gcncrating). 3. The partial implcmentation of the recommended Streetscape Master Plan improvements to East Meadow Drive. 4. The completion of the commercial loop in the Village, via the construction of a well-lit, heated pedestrian walkway. 5. The removal of 25 surfacc parking spaces and the construction of an underground parking structure designed to accommodate 63 vehicles. 6. Landscape improvements to Slifer Square, East Meadow Drive and the Gore Creek streambank. III., ZONING ANALYSIS The development standards for a Special Development District shall be proposed by the applicant. Development standards including lot area, site dimensions, setbacks, height, density control, site ~ ~ 4 covcrage, landscaping and parking and loading shall be dctcrmined by the Town Council as part of the approvcd dcvelopmcnt plan, with considcration of the rccommcndations of the Planning and Environmcntal Commission and staff. Before the Town Council approves devclopment standards that deviate from the underlying zone district, it shall be determined that such deviations providc benefits to the Town that outweigh the adverse effects of such deviations. This dctermination is to bc made based upon the evaluation of the proposed Spccial Development District's compliance with the revicw criteria outlined in the following scction. Thc Community Devclopment Department staff has prcpared a Zoning Analysis for the proposed Austria Haus redevelopment based on the revised plans. The Zoning Analysis compares the development standac•ds outlined by the underlying zone district of Public Accommodation, the April 14, 1997 proposal, the May 19, 1997 proposal and the June 9, 1997 proposal. Lot sitc: 24,089 sq. fc. /0.553 acres I3uildable arca: 24,089 sq. fl. /0.553 acres Devclopment Undcrlying Zaning April 14, 1997 May 19, 1997 Junc 9, 1997 Standard of Public Accommodation SDD proposal SDD proposal SDD proposal GRFn: SO'YO or 19,271 sq. ft. 168%, or 40,429 sq. ft. 146% or 35,240 sq. ft. 146'% or 35,224 sq. ft. Dwclling units: 13.8 DU's 36.5 DU's (22 DU's, 31 DU's (18 DU's, 25 31 DU's (18 DU's, 25 28 nU's, 1 Typc III I:IIU) AU's 1 Typc III LFIU) AU's 1 Typc III I;IIU) Site covcragc: 55'% or 13,249 sq. ft. 81 °/o or 19,634 sq. ft. 73%, or 17,525 sq. fc. 73% or 17,525 sq. ft. Sctbacks: fi•onl: 20' o' 2- 2' sidcs: 20' S' / 20' 4722' 4722' rcar: 20' 7' 19' (1-1/2' @ the pool 19' (1-1/2' a, the pool deck) deck) I Icight: 48' sloping 565 48' max. 48' (from finish gyrade) 45' flat 52' 45' max. 47•4' GO' towci• n/a n/a n/a Parking: pcr T.O.V. codc Section 18.52 65 spaces rcquired 61 spaces required 60 spaces required 66 spaces proposed 63 spaces proposed 63 spaces proposed in the garagc in the garage in the garage Landscaping: 30% or 7,227 sq. ft. 18.2 % or 4,542 sq. ft. 19% or 4,619 sq. ft. 19% or 4,619 sq. ft. Loading: per T.O.V. code Section 18.52 1 berih at drop-off area 1 berth at drop-off area 1 berth at drop-off area Commercial sq. footage: 10% or 1,927 sq. ft. 11 % or 4,469 sq. ft. ! 16% or 5,582 sq. ft. 15% or 5,402 sq. ft. Common area: 35% of allowable GRFA 35% or 14,004 sq.ft. 36% or 12,810 sq. ft. 36% or 12,714 sq. ft. Gross sq. ft: n/a 74,302 sq. ft. 66,897 sq. ft. 66,605 sq. ft. (inciudes garage) (includes garage) (includes garage) 5 AUSTRIA HAIJS SQUARE FOOTAGE ANALYSIS (6/9/97) FLevels oor Common Area - Commercial Area - Accommodation Dwelling Units - Parking Area - Total - Square Square Footage Square Footage Units - Square Square Footage Square Footage Footage Footage parking 2,712 sq. ft. 13,265 sq. ft. 15,977 sq. ft. Level lst Floor 4,540 sq. ft. 5,402 sq. ft. 3,034 sq. ft. 12,976 sq. ft. 2nd Floor 1,557sq. ft. 3,554 sq. ft. 8,055 sq. ft. 13,166 sq. ft. 3rd Floor 1,645 sq. ft. 4,129 sq. ft. 7,759 sq. ft. 13,533 sq. ft. rTOT,4th Floor2,260 sq. ft. 2,578 sq. ft. 6,115 sq. ft. 10,953 sq. ft. AL 12, 714 sq. ft. 5,402 sq. ft. 10,261 sq. ft. 24,963 sq. ft. 13,265 sq. ft. 66 605 s. ft. 6 - t IV. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT PROCESS Chaptcr 18.40 of the Town of Vail Municipal Codc providcs for thc cstablishmcnt of Spccial Development Districts in the Town of Vail. According to Section 18.40.010, the pucpose of a Speciai Dcvclopmcnt District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and qaality of the new development within the Town; to facilitate the adequate and economical provision ot'streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The Municipal Code provides nine design criteria, which shall be used as thc principal criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and thc proposed dcvclopment plan comply with cach of thc following standards, or demonstrate that onc or morc of them is not applicable, or that a practical solution consistent with thc public intcrest has been achicved. The staff has addressed cach of thc ninc SDD rcvicw critcria bclow: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Staff believes the applicant has designed a structure which relates wcll to the site and the surrounding neighborhood. The mass of the Austria Haus is appropriatc for the site and takes into consideration the massing of thc buildings on the adjoining properties. The building steps down on thc cast and west ends to insure a smooth transition betwecn properties and docs not create an imposing "canyon" along property lines. The north side of the Austria Haus was designcd with a pedestrian scale in mind. Thc retail shops on the north side of the Austria Haus create a commercial connection along East Meadow Drive, between Slifer Square and the Village Center retail shops. The commercia] connection has been missing along this portion of East Meadow Drive and staff believes that the Austria Haus will enhance the character of the Village. The extcrior building materials of the Austria Haus are a mixture of stone, stucco and wood. The roof materia] is proposed to be a reddish, tile-type roof similar to the material used on the Sonnenalp Bavaria Haus. The applicant has proposed to incorporate irrigated flower boxes into the design of the structure. The use of divided light windows all around the buiiding creates a European-feel and reduces the appearance of too much glass. Staff believes that the combination of building materials has been well incorporated into the design of the Austria Haus. The applicant has proposed that the exterior stucco color be 7 t an off-white to yellowish/cream color to blend in with the exteriors of the Mountain Haus and thc Village Ccntcr buildings. The developmcnt standards for thc underlying zone district indicate that the maximum height for buildings with sloping roofs shall be 48 feet. The applicant is requesting that the maximum building height for the Austria Haus be approximately 48 fcet, from finish grade. The approximate height is based on existing (1997) and proposed topography of the Austria Haus property, and not the original topography of the site (pre-1963). Original topography of the site is not available, since the Austria Haus was constructed in Vail prior to zoning (and prior to the requirement that a topographic survey be submitted prior to development). Staff believes, based upon the location of the existing retaining walls and the condition of the streambank, that the site was "cut" when the Austria Haus was built. While it is difficult to know exactly how much of the sitc was "cut", staff would conservatively estimate that approximately 2- 3 feet of soil was removcd. Given this conservative consideration, staff would estimate the actual building height proposed for the Austria Haus would bc 50 - 51 fcet. According to the Vail Village Master Plan Conceptual Building Height Plan, the Austria Haus should be 3-4 stories in height, with a building story being approximately nine fcet, excluding the roof. The plan furthcr indicates that onc additional floor of residential/lodging may also be accommodated on the Austria Haus sitc. B. Uses, activity and density which provide a compatible, efticient and workable relationship with surrounding uses and activity. Thc Austria Haus is located immediately adjacent to the Vail Village Commcrcial Core. The Austria Haus is bound on the east by Slifer Square and the Motmtain Haus, on the west by the Village Center residential/commercial buildings and on the south by Gore Creck, the Covcred Bridge Building, Gasthof Gramshammer and thc Creeksidc Building. Each of these buildings are a mixed-usc development incorporating commerciallretail space with residential anci/or accommodation units. Thc applicant is proposing a mixed-use dcvclopment that is in compliance with the uses allowed in the underlying zone district. The underlying zoning of Public Accommodation encourages the development of lodges (accommodation units) and accessory eating, drinking and retail establishments at a density of twenty-five dwelling units per acre. The applicant is proposing to redevelop the Austria Haus at a density of 56 dwelling units per acre, with 5,402 sq. ft of commerciaUretail space on the main level of the building. Included in the density figure are eighteen member-owned club units (fractional fee), twenty-five hotel rooms (accommodation units) and one on-site manager's residence (Typc III, Employee Housing Unit). The applicant's proposal differs greatly from the existing use of the property. Currently, the Austria Haus includes thirty-six accommodation units; and one dwelling unit, equaling nineteen dwclling units, or 34 dwelling units per acre, a restaurant and a limited amount of commercial/retail space on the east end of the building: Parking at the Austria Haus is accommodated by a twenty-five space surface parking lot. Of the twenty-five spaces, 8 fifteen arc considered ]cgal, non-conforming parking spaces. Thc other tcn spaccs are off- site and are not considercd lcgal parking spaccs for zoning purposes. An informal loading/dclivery/trash area exists on the west end of thc building. Empl4yee Housing Reauirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employces is a critical issue which should be addressed through the planning process for Special Development District proposals. In reviewing the Austria Haus proposa] for employee housing needs, staff relied on the Town of Vail Ernployce Housing Report. Staff Recommended Range Calculations: The staff believes that the Austria Haus redevelopment will create a need for additional cmployecs. Of the 39 additional emptoyees, at least 12 employees (30%) will need to be provided deed-restricted housing by the developers of the Austria Haus. The staff recommended range is based on: 1. the type of retail and officc use proposed in the commercial spaces within thc Austria Haus; 2. the sizc of the Austria Haus lodging component; and 3. the high-level of services and amenities proposed by thc developers for thc gucsts of the Austria Naus. a) RetaiUService Commercial = 4,622 sq. ft. @(6.5/1000 sq. ft.)=30.0 cmployees (middlc of range) b) Office: real estate = 780 sq. ft. @(7.5/1000 sq. ft.) = 5.9 employees (middlc of range) c) Lodging* = 25 units cr (1,25/room) =31.2 employees (top of range) d) Multi-Family (club units) - 18 units @(0.4/unit) = 7.2 employees (range docs not vary) Total =743 employees (-36 existing employees) =39 employees (X 0.30 multiplier) =12 new employees *Lodging has a particularly large variation of employees:per room, depending upon factors sueh as size of facility and level of service/support services and amenities provided. l ~ 9 Depending upon the size of the cmployee housing unit provided, it is possiblc to have up to two employces per bedroom. For example, a two-bedroom unit in thc sizc range of 450 - 900 square feet, is possible of accommodating threc to four cmployees. Thesc figures are consistcnt with the requirements for the Typc l II employce housing units outlincd in the Municipal Code. Thc applicant intends to comply with the employee housing requirement. The applicant proposes to provide housing for 12 employecs by dced restricting 6 existing one-bedroom units at Solar Vail. Each of the onc-bedroom units is approximately 600 square feet in size, has full kitchen facilities and is conveniently located on the Town of Vail Bus Route. A letter of intent from the applicant has been attached for reference. Overall, staff bclieves that the dcnsity and uses proposed by the applicant for the Austria Haus do not conflict with the compatibility, efficicncy or workability of the surrounding uses and/or activities. ]n fact, staff feels that the proposed Austria Haus redevelopment will enhance the existing uses and activities in the Village. C. Compliance with parking and loading requirements as outlined in Chapter 18.52. of the Town of Vail Municipal Code. Parking and loading rcquirements for devciopment are established in Chaptcr 18.52 of the Municipal Code. The parking and loading rcquirements are based on the square footage of thc uses proposcd within a building. Sased on the square footage of the uses proposed by the applicant, 74.21 parking spaces and onc loading/del i very berth are required on-site. The Municipal Code allows "grandfathering" of the existing legal non-confonning parking spaces. Currentiy, fifteen legal, non-conforming parking spaces exist on the property. Thereforc, the parking rcquirement for the proposed Austria Haus redcvelopment is 59.21 new parking spaces. The applicant is proposing an underground parking structure designed to accommodate 63 parking spaces, an employee lounge, mechanical space, and an cnclosed trash facility. The applicant is proposing one loading/del i very bcrth in the front entry drop-off area, located on the north side of the building, adjacent to East Meadow Drive. Much of the drop-off area is within Town of Vail right-of-way. Staff recognizes that this area is conveniently located near the entrances to the front desk and the commercial/retail shops, however, we feel that the use of the drop-off area may be compromised by the loading and delivery of goods. In staff's opinion, the front entry drop-off area should be used by the guests of the Austria Haus. Staff believes that trying to accommodate loading and delivery in this area may result in conflicts between guests, vehicles accessing the parking structure, and delivery trucks. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. r ~ 10 . Vail Land Use Plan Thc goals contained in thc Vail Land Usc Plan are to be used as the Town's policy guidelines during the rcview process of cstablishing a new Special Development District. Staff has reviewcd the Vail Land Use Plan and belicves the following policies are relcvant to thc revicw of this proposal: 1. Cieneral Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balancc between residential, commercial and recreational uses to serve both the visitor and the pcrmanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should bc maintained and upgrade whenever possible. 1.4 Thc original thcmc of the old Villagc Core should bc carried into new development in the Village Corc through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potcntial for public usc. 3 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead are the best location for hotels to serve the future needs of the destination skier. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village Core/Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. , 11 4.2 Increased density in the Core arcas is acceptable so long as the existing character of each arca is prescrved through the implementation of the Urban Dcsign Guide Plan and thc Vail Village Master Plan. I Residential 5.1 Quality timeshare units should be accommodated to help keep occupancy rates up. Staff believes the proposed cstablishment of the new Special Development District (05) is in concert with the goals and policies of the Vail Land Use Plan as outlined above. Vail Village Master Plan The Vail Village Master Plan is intended to servc as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with the such development. The staff has identified the following goals, objectives and policies as bcing relevant to this proposal: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Viliage in order to sustain its sense of community and identity. 1.1 Objective: Implement a consistcnt Development Review Process to reinforce the character of the Village. 1,13 Policv: Development and improvement projects approved in the Village shall be consistent with the goals, objectivcs, policies and dcsign considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Objcctive: Encourage thc upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. ~ 12 1 3.1 Policy: Public improvcments shall be devcloped with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Obiective: Recognize thc variety of land uses found in the 10 sub-areas throughout the Villagc and allow for development that is compatible with these established land use patterns. 2.3 Ob-jective: Increase the number of residential units available for short- tcrm, overnight accommodations. 2 3.1 Polie. The devclopment of short-term accommodation units i5 strongly encouraged. Residential units that are developcd above existing density levels are rcquircd to bc dcsigned or managcd in a manner that makcs them availablc for short-tcrm ovcrnight rcntal. 2.4 Objective: Encourage the devclopmcnt of a variety of ncw commercial activity whcrc compatible with existing land uses. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to bctter seive the needs of our guests. 2.5.1 Policv: Recrcation amenities, common areas, meeting facilities and other amenities shall be preserved and cnhanced as a part of any redevelopment of lodging properties. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.63 Policv: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 13 J 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3 1.1 Policv: Private dcvelopment projects shali incorporate streetscape improvements (such as paver treatments, landscaping, lighting and scating areas), along adjacent pedestrian ways. 3.1.3 Policv: Flowcrs, trees, water features and other landscaping shal] be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Ob-i.ective: Minimize the amount of vehicular traffic in the Village to the greatest extent possiblc. 3.2.1 Policv: Vchicular traffic will be eliminated or reduced to absolutcly minimal necessary levels in the pedestrianized areas of the Village. 3 4 Objective: Develop additional sidcwalks, pedestrian-only walkways . and acccssible grcen spacc areas, including pocket parks and stream acccss. 3.4.2 Policv: Private development projects shall bc rcquired to incorporate ncw sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas and expand green space opportunities. 4.1 Objective: Improve existing open space areas and create new plazas witli green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of thc Villagc. 4.1,4 Policv: Open space improvements, including the addition of accessible green space as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. ~ 14 . Goal #5 increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking dcmands with public and private parking facilities. 5,1 l Policy: For new development that is located outside of tbe Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5 1 5 Policy: Redcvclopment projects shall bc strongly cncouragcd to provide underground or visually conccaled parking. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.,1 Objectivc: Provide service and dclivery facilities for cxisting and new development. Vail Village Mastcr Plan and Building Hcieht Plan Gcncrally speaking, it is the goal of the Building Height Plan to maintain the concentration of low-scalc buildings in the Core area, whilc positioning larger buildings along the northern periphery. According to the Conceptual Building Height Plan contained within thc Vail Village Master Plan, the Austria Haus is located within an area proposed to have building heights of a maximum range of three to four stories. A building story is defined as 9' of height, not including the roof. Vail Villagc Master Plan Action Plan According to the Action Plan, the Austria Haus property is an area intended for residential/lodging infill along the south side of the property and commercial infill along the north side of the property. According to the Vail Village Master Plan, the Austria Haus property is located within mixed-use sub-area #1-8, Sonnenalp (Austria Haus)/Slifer Square: "Commercial infill along East Meadow Drive to provide a stronger edge to street and commercial activity generators to reinforce the pedestrian loop throughout the Village. Focus of infill is to provide improvements to pedestrian circulation with ~ 15 separated walkway including buffer, along East Meadow Drive. Accommodating on-site parking and maintaining the bus route along East Mcadow Drive are two significant constraints that must be addresscd. One additional floor of residentiaUlodging may also be accommodated on this sitc. Specific emphasis should be placcd on the following Vail Village Master Plan objectives: 2.3, 2.4, 2.6,3.1,3.2,3.3,3.4,4.1,5.1,6.1. Vail Yellage Design Considerations The Town of Vail adopted the Vail Village Design Considerations in 1980. The Design Considerations were revised in 1993. Thc Design Considerations are considered an intcgral part of the Vai] Village Urban Design Plan. Thc Design Considerarions are intended to: ? guide growth and change in ways that will enhance and preserve the essential qualities of the Village; and ? scrve as design guidelines instead of rigid rules of development; and ? hclp influence the form and design of buildings. The Vail Village Dcsigm Considerations are dividcd into two categories (urban dcsign considerations and arch itectural/landsc ape considerations): 1. LJRBAN DESIGN CONSIDERATIONS Thcse considerations relatc to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even wholc areas. These considerations are primarily the purview of the Planning and Environmental Commission. A. PEDESTRIANIZATION A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans, and accompanying Design Considerations, are to reinforce and expand the quality of pedestrian walkways throughout the Village. Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access), a totally care-free pedestrian system is not achievable throughout the entire Village. Therefore, several levels of pedestrianization have been identified. The level of pedestrianization most appropriate for the proposed Austria Haus redevelopment is the joint vehicle/pedestrian use of the roadway. ~ ~ 16 • Staff Resnonse: The staff has concluded that the improvcmcnts recommended for East Mcadow Drive in the 1991 Town of Vail Strectscapc Master Plan should be implemcntcd. 7"his includes a reduction in street width from 30 feet to 26 feet (14 foot bus lane and 12 foot attached, paver pedestrian walk). The applicant is proposing to replace thc strcet and reconstruct it to the desired width. The applicant is NOT proposing to construct the 12-foot wide pedestrian walk out of pavers. The applicant is also proposing to construct a 15 - 20 foot wide, heatcd pedestrian walkway immediately adjacent to the north sidc of the building. Staff belicves that these improvements reinforce and significantly improvc the pedestrian walkways throughout the Village by providing places for people to walk without forcing them into the bus lane. The creative use of concrete unit pavers emphasizes the pedestrian character and offers a clear and attractive pedestrian route. The retail space on the main Ievel of the Austria Haus closes the commercial loop from Slifer Square to Village Center. B. VEHICLE PENETRATION To rnaximize to thc extent possible, all ilon-resident traffic should bc routed along the Frontagc Road to Vail Villagc/Lionshead Parking Structures. In conjunction with pedeStrianization objcctives, major cmphasis is focuscd upon redueing auto pcnetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vchicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. • Staff Response: The redevelopmcnt of the Austria Haus will increase vehicular traffic on Village Center Road. According to the Environmental Impact Assessmcnt-Austria Haus Redevelopment, . prepared by Design Workshop, Inc.: "A slight incrcase automobile traffic is expected because of the projected increase in the number of visitors generated annually by the project. What is not known, however, is how many of these additional guests will arrive by car; it is likely the largest number of guests will continue to arrive in the winter and that most will arrive by van from the airport. Van deliveries will increase somewhat. Those guests that arrive in their own car are likely to leave the car in the garage after they arrive, as the center village location of the project eliminates the need for a car. If there is a potential for congestion anywhere, it,is most likely to be in the small 17 drop-off parking arca in front of the building, where check-ins, deliveries and lost drivers may converge. To some extcnt, this can be mitigated by improved roadway directional signs, speedy guest valet service, careful management of delivcries and inccntives to encourage guests to leave their cars at home." Along with the increase in automobile traffic, there will be an increase in delivery vehicle traffic due to an increase in the commercial squarc footagc on the property. The applicants anticipatc that deliverics to the retail shops will likely arrive via UPS or similar types of couriers. Deliveries are to be accommodated in the drop-off area in the front of thc building. Staff agrces with Design Workshop's assessment of the potential traffic impacts. While there will likely be an increase in traffic on Village Center Road, there will nat be an increase in traffic on the pedestrian portion of East Meadow Drive. The traffic control gate located at the intersection of Village Center Road and East Meadow Drive will continue to prohibit all vehicle traffic except Town of Vail buses. Staff feels the applicant has addressed traffic issues to the extent possible. C. STREETSCAPE FRAMEWORK To improve the Quality of the walking cxperience and give continuity to the pedestrian ways, as a continuous systcm, two gcncral types of improvemcnts adjacent to the walkways are considered: 1. Open space and landscaping, berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park grccnspaccs as open nodes and focal points along those routes. 2. Infill commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to give streetlife and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings as in the core areas. Nor is it desirable to leave pedestrian streets in thc open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both built and landscaped, which create a strong framework for pedestrian walks, as well as visual interest and activity. • Staff Response: The Austria Haus redevelopment improves the streetscape framework through the creation of new commercial activity and increases visual interest along East Meadow Drivc. As stated previously, staff belicvcs the proposed redevelopment with 5,402 square 18 ~ fect of commercial area closes the critical commercial loop in the Village and provides ncw street lifc whcre vcry littlc currcntly cxists. D. STREET ENCLOSURE While building facade heights should not be uniform from building to building, they should provide a"comfortable" enclosure for the strcet. Pedcstrian strcets are outdoor rooms, whose walls are formed by thc buildings. The shape and fecl of these "rooms" arc created by the variety of heights and massing (3-dimensional variations), which give much of the visual interest and pedestrian scale unique to Vail. Very general rules, about the perception of exterior spaces have been developed by designers, based on the characteristics of human vision. They suggest that: "an external cnclosure is most comfortable when its walls are approximately 1/2 as high as the width of the space encloscd; if the ratio falls to 1/4 or less, the space seems unenclosed; and if the height is greater than the width it comes to resemble a canyon". ]n actual application, facades are seldom uniform in height on both sides of the street, nor is this dcsired. Thus, some latitude is appropriatc in the application of this 1/2 to 1 ratio. Using the avcragc facade hcight on both sidcs will gcncrally still be a guide to thc comfortablcness of thc cnclosure being created. In some instanecs, the "canyon" effect is acceptable and even desirable. For example, as a short connecting linkage between larger spaces, to give variety to thc walking experience. For sun/shade reasons it is often advantageous to orient any longer segmcnts in a north/south direction. Long canyon streets in an east/wcst direction should generally be discouraged. When exceptions to the gencral height criteria occur, special consideration should be given to create a well-defined ground floor pedestrian emphasis to overcome the "canyon" effcct. Canopies, awnings, arcades and building extensions can all create a pedestrian focus and divert attention frorn the upper building heights and "canyon" effect. • Staff Resnonse: East Meadow Drive, and the pedestrian walkway adjacent to the Austria Haus, averages approximately 43 feet in width. The Austria Haus (eaveline) adjacent to East Meadow Drive and the pedcstrian walkway is approximately 29 feet in height. Given that East Meadow Drive is enclosed only on one side, and the arcade and landscaping creates an / 19 . emphasis on the ground level of thc building, staff believes the proposcd Austria Haus crcates a"comfortable" enclosure of thc strect and does not create a"canyon" effect. E. STREET EDGE Buildings in the Village core should form a strong but irregular edge to the street. Unlike many American towns, therc are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scalc, placement of portions of a building at or near thc property line is allowed and encouraged to give strong definition to the pedestrian streets. This is not to imply continuous building frontage along the property linc. A strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly it-regular facade lines, building jogs, and landscaped areas, give the life to the strcet and visual interest for pedestrian travel. Where buildings jog to create activity pockets, other elements can be used to continue the street edge: low planter walls, tree planting, raised sidewalks, texture changes in ground . surfacc, arcades, raiscd dccks. Plazas, patios, and green areas are important focal points for gathering, resting, orienting and should be distributed throughout thc Village with due consideration to spacing, sun access, opportunities for views and pedestrian activity. • Staff Res op nSe_ The original Austria Haus design lacked the irrcgular street edge of other properties in Vail Villagc. The applicant, at the request of the staff and PEC, has attempted to introduce a more irregular street edge through the horizontal stepping of the building on the east and west ends. The east end of the building has been steppcd back from the property line and the northeast corner has been cutback, opening this end of building up to Slifer Square. The west-cnd of the building was stepped towards the street. While it was the PEC's desire to see more stepping in the building, staff believes and recognizes the constraints in doing so. Staff believes the irregular configuration of the ]andscape planters in front of the building helps to lessen the rather long, linear and uninterrupted street edge along the center portion of the Austria Haus. F. BUILDIN HEIGHT Vail Village is perceived as a mix of two and three story facades, although there axe also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. ~ ~ 20 I • t ff Res op nsc: Thc Austria Haus roof stcps down on both cnds of thc building, rcducing thc creation of a "canyon" along the west propeity line and resulting in a building that is less obtrusive (on Slifer Square) on the east end. The applicant has submitted a scale model of the new structure in its Village Core context and this model will be available for use by the PEC during the hearings. G. VIEWS AND FOCAL POINTS Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and othcr natural fcatures are reminders to our visitors of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation referenccs and visual focal points. The most significant view corridors in the Villagc have been adopted as part of Chapter 18.73 of thc Vail Municipal Codc. Thc view corridors adopted should not be considered cxhausted. When evaluating a dcvelopment proposal, priority should be given to an analysis of thc impactcd project on public views. Vicws that should b'e preserved originatc from cither major pedestrian areas or public spaces, and includc views of the ski mountain, the Gore Range, thc Clock Tower, the Rucksack Tower and other important man-made and natural elemcnts that contribute to thc scnse of place associated with Vail. These views, which have becn adopted by ordinancc, wcre chosen due to their significancc, not only from an aesthctic standpoint, but also as orientation refercnce points for pcdestrians. Development in Vail Village shall not encroach into any adopted view corridor, unless approved under Chapter 18.73. Adopted corridors are listed in Chapter 18.73 of thc Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from public ways and public spaces must be identified and considcred wherc appropriate. • Staff Rcs o~nse: Although not directly impacting one of the five adopted view corridors, as listed in Chapter 18.73 of the Vail Municipal Code, the height of the building will have impacts from the Vail Transportation Center (transit terminal) and will also impact views from the west and central stairs. Public views of the Village (roofline of structwes) will be blocked from these areas, however, views of Vail Mountain will remain. Overall, staff feels that the benefits of providing a comfortable enclosure to the street, and completing the pedestrian and retail connection from Crossroads to the Covered Bridge is positive. Staff feels that the completion of this pedestrian connection is in compliance with Goal #3 of the Vail Village Master Plan: "To recognize as a top priority the enhancement of the walking experience throughout the Village." / 21 H. E I E AND DELI ERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in thc Village arc cxtremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not providcd. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases dclivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village (Sitzmark/Gore Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to extending these corridors, wherc feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. • Staff Response: Through the course of the review of the Austria Haus redevelopment proposal, scveral loading and delivery options were explorcd. The applicant had originally proposed to provide one loading and delivery berth in the underground parking structure. However, concerns were expressed by the Village Center Condominium owners that they would be negatively impacted by the noise generated from the delivery vehicles, since the access to thc underground location was immediately adjaccnt to their units. The applicant had also explored the possibility of gaining underground access to their structure through the Village Center garage. It was determined that delivery vehicles could not enter through Village Centcr due to height limitations in the garage. As mentioned previously, the applicant is proposing to provide for loading/delivery in the front entry drop-off area. The applicant anticipates that deliveries to the retaillcommercial shops will arrive via UPS or similar types of courier. Staff continues to believe that this location may negatively impact the pedestrian use of this area of East Meadow Drive. Staff feels the applicant has addressed this issue to the extent possible. 1. SUN / SHADE Due to Vail's alpine climate, sun is an important comfort factor, especially in winter, fall and spring. Shade areas have ambient temperatures substantially below those of adjacent I 22 % I direct sunlight areas. On all but the warmest of summer days, shade can easily lower tempcratures below comfortable ]cvcls and thcrcby, negativcly impact use of thosc areas. All ncw or expanded buildings should not substantially increase the spring and fall shadow linc (March 21 - September 23) on adjaccnt properties or the public right-of-way. In all building construction, shade shall be considered in massing and overall height consideration. Notwithstanding, sun/shade considerations arc not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criteria. • Staff Resnonse: Although the proposed height of the building will diminish the amount of sun, and likewise increase shading, along East Meadow Drive (north side of the project), the provision of heated public walkways effectively mitigatcs this consideration, thus providing ice-free and snow-free sidewalks. Additionally, thc "opening up" of Slifer Square will insure adequate light, air and open space to a public gathering space. Overall, staff believes the applicant's proposal complies with the above-described considcrations. 2. ARCHITECTURE/LANDSCAPE CONS[DERATIONS ROOFS Where visible, roofs are often one of the most dominant architectural elements in any built cnvironment. ]n the Village, roof form, color and texture arc visibly dominant, and generally consistent, which tends to unify the building diversity to a great degrec. Thc current expression, and objective, for roofs in the Village is to form a consistently unifying backdrop for the architecture and pedestrian streetscape, and to avoid roofs which tend to stand out individually or dish-act visually from the overall character. Roof Forms Roofs within the Village are typically gable in form and of moderate-to-low pitch. Shed roofs are frequently used for small additions to larger buildings. Free-standing shed roofs, butterfly roofs and flat roofs, can be found in the Village, but they are generally considered to be out of character and inappropriate. Hip roofs likewise, are rare and generally inconsistent with the character of the Core Area. Towers are exceptions, in both form and pitch, to the general criteria, but do have an established local vernacular-style which should be respected. ~ 23 • Staff Resoons_e The roof form of the Austria Haus has been revised several times from what was originally proposed. The original roof design of thc Austria Haus had a significant amount of flat roof area. The majority of flat roof has now been replaced with a sloping roof leading to a more traditional ridges. The ends of the ridges havc becn "clipped", resulting in a hip roof form. While a hip roof is generally considered inconsistent with the character of the Village, the applicant believes this roof fonn helps to reducc the mass of the building. Staff recognizes that the sloping roof form increases the perceived height of the building, especially on the east and west ends. Staff believes it is critical that the roof materials on cach of the three building forms be compatible with one another. Staff will raise this issue with the Design Review Board. Pitch Roof slopes in the Village typically range from 3/12 to 6/12, with slightly steeper pitches in limited applications. Again, for visual consistency this general3/12-6/12 range should be preservcd. - • Staff Responsc Thc pitch of thc proposcd Austria Haus roof is 4/12 and is in compliance with this guidelinc. Overhangs Gcnerous roof overhangs are also an established architectural feature in the Village - a traditional expression of shelter in alpine environments. Roof overhangs typically range from 3 to 6 feet on all edges. Specific design consideration should be given to protection of pedcstrian ways adjacent to buildings. Snow slides and runoff hazards can bc reduced by roof orientation, gutters, arcades, etc. Overhang details are treated with varying degrecs of ornamentation. Structural elements such as roof bcams are expressed beneath the overhangs, simply or decoratively carved. The roof fascia is thick and wide, giving a substantial edge to the roof. • Staff Response Staff suggests that the applicant increase the roof overhangs on the building. Currently, the overhangs vary from two feet to three feet. Staff would like to see all the roof overhangs at least three feet. Again, staff will review this consideration with the Design Review Board. ' , 1 24 , C'omtositions The intricate roofscape of the Village as a whole is the result of many individual simple roof configurations. For any singlc building a varied, but simple composition of roof planes is preferrcd to either a single or a complex arrangemcnt of many roofs. As individual roofs become morc complex, the roof attracts visual attention away from the streetscape and the total roofscape tends toward "busyness" rather than a backdrop composition. • Staff Responsc The roof form on thc Austria Haus would be considered a grouping of a simple composition of roof plancs. Staff believes the roof composition proposed by the applicant is consistent with the intent of this architectural consideration. Stebncd Roofs As buildings are stepped to reflect existing gradc changes, resulting roof steps should be made where the hcight change will be visually significant. Variations which are too subtle appear to be more stylistic than functional, and out of character with the more straight-forward roof design typical in thc Village. • Staff Responsc The Austria Haus site is relatively flat (by Vail standards). While the building does not necd to step to follow the topography, vertical and horizontal steps have been incorporated into the roof design. The vertical and horizontal steps provide a reduction in the ovcrall mass of the building and add to the architectural and visual interest of the building. Materials Wood shakes, wood shingles, and built-up tar and gravel are almost exclusively used as roof materials in the Village. For visual consistency, any other materials should have the appearance of the above. • . aff Response Most recently, wood shakes and wood shingles are being discouraged for use as a roofing material due to fire safety concerns. At the recommendation of the Town of Vail Fire Department, the staff bas been encouraging developers to use gravel, asphalt, tile, metal and other more fire-resistant roofing materials on new buildings. , ~ 25 % The applicant is proposing to use rcddish tilcs on the roof of the Austria Haus. Thc tiles will be similar in appearancc to those uscd on thc Sonnenalp Bavaria Haus. The staff believes this is an appropriatc roof material to usc on this projcct. C'onstruction Common roof problems and design considerations in this climate include: - snowslides onto pedestrian walks - gutters freezing - roof dams and water infiltration - heavy snow loads Careful attention to these functional details is recommended, as well as familiarity with the local building code, proven construction details, and Town ordinances. For built-up roofs, pitches of 4/12 or steepcr do not hold gavel well. For shingle roofs, pitches of 4/12 or shallower often result in ice dams and backflow leakage undcr the shingles. Cold-roof construction is strongly preferred, unless warm-roof benefits for a specific application can be demonstrated. Cold-roofs arc double-roofs which insulate and prevent snow melt from - intcrnal building heat. By rctaining snow on thc roof, many of the problcros listed can be rcduced. Pcriociic snow removal will be required and should be anticipated in the design. Roof gutters tend to ice-in completely and become ineffective in the Vail climate, especially in shaded north-side locations. Heating the intcrior circumferencc with heat-tape elements o?- other deviccs is generally necessary to assure adequate run-off control in colder months. • Staff Response: The applicant is proposing a cold-roof construction atop the Austria Haus. Through the review of a building permit, staff will ensure the roof construction complies with the standards prescribed for the Vail climate. FACADES Materials Stucco, brick, wood (and glass) are the primary building materials found in the Village. While not wishing to restrict design freedom, existing conditions show that within this small range of materials much variation and individuality are possible while preserving a basic harmony. Too many diverse materials weaken the continuity and repetition which unifies the streetscape. Of the above materials, stucco is the most consistently used material. Most of the buildings in the Village exhibit some stucco, and there are virtually no areas where stucco is entirely absent. It is intended to preserve the dominance of stucco by its use in portions, at least, of all new facades, 26 and by assuring that other materials are not used to the exclusion of stucco in any sub-area within the Villagc. • Staff Rcsponse The exterior matcrials proposed by the applicant for thc three building forms are a combination of stone, stucco and wood. No one material is proposed to dominate the cxterior of the Austria Haus. Staff believes the applicant has complied with this particular architectural consideration. Color Therc is greater latitude in thc use of color in the Villagc, but still a discernible consistency within a gcneral rangc of colors. For wood surfaces, trim or siding, darker color tones are preferred - browns, greys, blue-greys, dark olive, slate-greens, etc. Stucco colors are generally light - white, beige, pale-gold, or other light pastels. Other light colors could be appropriate, as considered on a case-by-case basis. Bright colors (red, orange, blues, maroon, etc.) should be avoided for major wall planes, but can bc used effectivcly (with restraint) for dccorative trim, wall graphics, and other accent elements. Gcncrally, to avoid both "busyness," and wcak visual interest, the variety of major wall colors should not excced four, nor be less than two. A color/material change between the ground floor and upper floors is a common and effective rcinforccment of thc pcdestrian scale of the street. • Staff Res.ponse The applicant has proposed an exterior building color that is compatible with the color of the existing buildings in the vicinity of the Austria Haus. Staff would like to point out that the applicant is requircd to obtain Design Review Board (DRB) approval prior to construction and that any concerns of thc PEC on this topic will bc brought to the attention of the DRB. Trans rpaencv Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the ground floor facade of adjacent buildings. Transparent store fronts are "people attractors," opaque or solid walls are more private, and imply "do not approach." , ~ 27 . On pedestrian-oriented strects such as in the Viilage, ground floor commercial facades are proportionately more transparent than upper floors. Uppcr floors are typically more residential, private and thus less open. As a measure of transparency, the most characteristic and successful ground floor facades range from 55% to 70% of the total length of the commercial facade. Upper floors are often the conversc, 30%-45% transparent. Examples of transparency (lineal feet of glass to lineal feet of facade) on ground level. - Covered Bridge Building 58% - Pepi's Sports 71% - Gasthof Gramshammer 48% - The Lodge 66% - Golden Peak House 62% - Casino Building 30% - Gorsuch Building 51 % • Staff Response . The Austria Haus has a ground floor transparency of approximatcly 500/0 along East Mcadow Drive. While the pcrccntagc falls short of the recommended minimum of 55%, staff believes the intent of thc transparcncy requiremcnt has been mct. Staff feels thc arcade, large panes of glass, and strectscape benches will all serve as "pcoplc attractors" giving life and activity to the ground level of the building. Staff believes that if there is an opportunity for additional glass (transparency), it exists on the west-end of the easternmost building form. Staff would suggcst, but not require, that the applicant explorc the possibility of increasing the sizc of the window on the west-end of the eastcrnmost building form. Windows In addition to the general degree of transparcncy, window details are an important source of pedestrian scale-giving elements. The size and shape of windows are often a response to the function of the adjacent street. For close-up, casual, pedestrian viewing windows are typically sized to human dimensions and characteristics of human vision. (Large glass-wall store-fronts suggest uninterrupted viewing, as from a moving car. The sense of intimate pedestrian scale is diminished). Ground floor display windows are typically raised slightly 18 inches f and do not extend much over 8 feet above the walkway level. Ground floors, which are noticeably above or below grade, are exceptions. The articulation of the window itself is still another clement in giving pedestrian scale (human- related dimensions). Glass areas are usually subdivided to express individual window elements - , 28 and arc furthcr subdivided by mullions into small panes - which is responsiblc for much of the old- world charm of the Villaga Similarly, windows are most often clustered in banks, juxtaposed with plain wall surfaces to givc a pleasing rhythm. Horizontal repetition of single window clements, espccially over long distanccs, should be avoided. Large single pane windows occur in the Villagc, and provide some contrast, as long as thcy are gencrally consistent in form with other windows. Long continuous glass is out of character. Bay, bow and box windows are common window details, which further variety and massing to facades - and arc cncouraged. Reflective glass, plastic panes, and aluminum or other metal frames are not consistcnt in the Village and should be avoided. Metal-clad or plastic-clad wood frames, having the appearance of painted wood have been used successfully and are acceptable. • Staff Rcsponsc The Austria Haus proposal is in compliance with the above-described design consideration. Staff believes the use of dormcrs with windows, bay windows and windows with mullions adds to thc architcctural charm and visual intcgrity of the Austria Haus. Staff recommends that thc use of mullions in the windows be a condition of approval. Doors Likc windows, doors are important to character and scale-giving architectural elemcnts. They should also be somcwhat transparent (on retail cominercial facadcs) and consistent in detailing with windows and other facade elements. Doors with glass contributc to overall facade transparency. Due to the visibility of people and merchandise inside, windowed doors are somewhat more effective in drawing people inside to retail commercial facadcs. Although great variations exist, 25-30% t transparency is fclt to be a minimum transparency objective. Private residences, lodgcs, restaurants, and othcr non-retail establishments have different visibility and charactcr nceds, and doors should be designed accordingly. Sidelight windows are also a means of introducing door-transparency as a complement or substitute for door windows. Articulated doors have the decorative quality desircd for Vail. Flush doors, light aluminum frames, plastic applique elements all are considered inappropriate. As an expression of enhy, and sheltered welcome, protected entry-ways are encouraged. Doorways may be recessed, extended, or covered. ~ 29 • Staff Resnonse Staff belicves the applicant's proposal complies with the above-described critcria. Trim Prominent wood trim is also a unifying feature in the Village. Particularly at ground floor levels, doors and windows have strong, contrasting framing elements, which tie the various elements together in one composition. Windows and doors are treated as strong visual features. Glass- wall detailing for either is typically avoided. • Staff Res.ponse: Staff believes the applicant's proposal complies with the above-described criteria. DECKS AND PATIOS Dining decks and patios, when properly designed and sited, bring pcople to the streets, opportunities to ]ook and bc looked at, and gcncrally contribute to the liveliness of a busy strect- making a richer pedestrian experience than if those streets were empty. A rcvicw of succcssful decks/patios in Vail reveals several common characteristics: - dircct sunlight from 11:00 - 3:00 increases use by many days/year and protects from wind. - elcvated to give views int thc pedestrian walk (and not the revcrse). - physical separation from pedestrian walk. - overhang gives pedestrian scale/shelter. Decks and patios should be sited and designed with due consideration to: - sun - wind - views - pedestrian activity • . taff Res on nse: The majority of the decks and patios on the Austria Haus are located on the south side of the building, facing Gore Creek. These decks and patios are for the use of the guests of the Austria Haus and not the general public. 30 ~ BALCONIES Balconies occur on almost all buildings in the Village which have at least a sccond ]evel facade wall. As strong repetitive features they: - give scale to buildings. - give life to the street (when used). - add variety to building forms. - provide shelter to pathways below. • Staff Resnonsc Again, the majority of the balconies on the Austria Haus are located on the south side of the building. Several french balconies have been incorporated into the design of the north side of the building on the upper floors. Color Thcy contrast in color (dark) with thc building, typically matching the trim colors. • taff Response Likc the exterior color of the building, thc DR.B will be rcvicwing this aspcct of the proposal. iz They extcnd far enough from the building to cast a prominent shadow pattcrn. Balconies in Vail are functional as will as decorative. As such, they should be of useable sizc and located to cncourage use. Balconies less than six feet deep are seldom used, nor are thosc always in shade, not oricnted to views or street lifc. • Staff Response Staff belicves this criteria has been met. Mass They are commonly massive, yet semi-transparent, distinctive from the building, yet allowing the building to be somewhat visible behind. Solid balconies are found occasionally, and tend to be too dominant obscuring the building architecture. Light balconies lack the visual impact which ties the Village together. • Staff Response The balconies on the Austria Haus are proposed to be,~emi-transparent in appearance. 31 Matcrials Wood balconies are by far the most common. Vertical structural members are the most dominant visually, often decoratively sculpted. Decorative wrought iron balconies are also consistent visually wherc the vertical members arc close enough to create semi-transparency. Pipe rails, and plastic, canvas or glass panels should be avoided. • Staff Rcsnonse The material to be used in the construction of the balconies on the Austria Haus is wood, with vertical structural members. A detail of the railing will be reviewed by the DRB. ACCENT ELEMENTS The life, and festive quality of the Village is givcn by judicious use of accent elements which give color, movement and contrast to the Village. Colorful accent clements consistent with existing character are encouraged, such as: Awnings and canopics - canvas, bright color or stripes of two colors. Flags, banners - hanging from buildings, poles, and even across streets for special occasions. Umbrellas - over tables on outdoor patios. Annual color flowers - in beds or in planters. Acccnt lighting- buildings, plazas, windows, trees (even Christmas lights all winter). Painted wall graphics - coats of arms, symbols, accent compositions, etc. Fountains - sculptural, with both winter and summer character. • Staff Rcsponsc: Accent lighting on the building, annual flowers in containers and in the planting beds, potted trees decorated with Christmas lights and irrigated flower boxes are proposed to provide colorful accent elements on the Austria Haus. An additional accent symbol (clock, crest, etc.) is proposed for the area above the front entry. The final design has yet to be determined. LANDSCAPE ELEMENTS Landscape considerations include, but go beyond, the placement of appropriate plant materials. - plant materials - paving ' ~ 32 ' - rctaining walls - strcct furniturc (bcnchcs, kiosks, trash, etc.) - lighting - signagc Plant Materials Opportunities for planting are not extensive in the Village, which places a premiutn on the plant selection and design of the sites that do exist. Framework planting of trees and shrubs should include both deciduous and evergreen species for year round continuity and interest. Native plants are somewhat limited in variety, but are clearly best able to withstand the harsh winter climate, and to tie the Village visually with its mountain setting. T.~s h ub 5 Narrow-leaf cottonwood Willow Balsam poplar pogwood Aspen Serviceberry Lodgepole pinc Alpine currant Colorado spruce Chokccherry Subaipinc fir Mugho pinc Potentilla Buffaloberry • Staff Response A landscape plan has been submitted by the applicant. The landscape plan has been developed with the assistance of Town staff, since a majority of the landscape improvements are proposed on Town property. The proposed landscape design takes into consideration factors such as the location of the plantings (sun/shade), maintenance, climate, etc. Staff believes the landscape design for the Austria Haus complies with the above-described criteria. Pavin~ The frceze/thaw cycle at this altitude virtually eliminates common site-cast concrete as a paving surface (concrete spall). High-strength concrete may work in selected conditions. Asphalt, brick (on concrete or on sand), and concrete block appear to be best suited to the area. in general, paving treatments should be coordinated with that of the adjacent public right-of-way. The Town uses the following materials for all new construction: . ~ 33 - asphalt: general use pedestrian streets - brick on concretc: fcature areas (plazas, intersections, fountains, etc.) • Staff Resl2onse The paving material used in the public areas around the Austria Haus will be the "Vail", concrete unit paver, laid in the "Vail-pattern" (herringbone). These surfaces will be heated and will include the access ramp to the parking structure, the front entry drop-off area and the pedestrian walkway along the store fronts. The applicant has worked with the Town staff in developing the design of improvements in the public right-of-way. Retainin,g Walls Retaining walls, to raise planting areas, often protects the landscape from pedestrians and snowplows, and should provide seating opportunities: - Two types of material are already well estahlished in the Village and should be utilized for continuity: - split-face moss rock veneer - Village Core pedestrian streets (typical). , - rounded cobble hidden mortar - in open space areas if above type not already cstahlished nearby. • Staff Response No landscape retaining walls are proposed in the construction of the Austria Haus. The new landscape retaining walls proposed in Slifer Squarc will match the existing walls in terms of both type of materials, and application. Li htin Light standards should be coordinated with those used by the Town in the public right-of-way. • Staff Response As part of the streetscape improvements along East Meadow Drive, the applicant will be installing four new Village light fixtures. The number and locations of the four new lights was determined tbrough consultation with Town staff. Refer to Town of Vail Signage Ordinance. , 34 • Staff Resvonse: The staff has requested that thc applicant prepare a comprehensive sign program for the Austria Haus. The comprehensive sign program will be reviewed by the DRB. SERVICE Trash handling is extremely sensitive in a pedestrian environment. Trash collection is primarily made in off-peak hours. It is the building owners responsibility to assure that existing trash storage problems are corrected and future ones avoided. Trash, especially from food service establishments, must be carefully considered; including the following: - quantities gcnerated - piek-up frequency/access - container sizes - enclosure location/design - visual odor impacts Carbagc collection boxes or dumpsters must be readily acccssible for collection at all times yet fully screcned from public view - pedestrians, as well as upper level windows in the vicinity. M aterial s Exterior materials for garbage enclosures should bc consistent with that of adjacent buildings. Construction Durability of the structure and operability of doors in all weather are prime concerns. Metal frames and posts behind the preferred exterior materials should be considered to withstand the incvitable abuse these structures suffer. • Staff Res o~ nse; Thc applicant has proposed to incorporate a trash dumpster into the design of the underground parking structure. The trash dumpster will be completely enclosed and accessible from inside the parking structure. Without a restaurant, the building is not expected to generate an unusual amount of trash. The driveway is designed to accommodate trash trucks. Staff believes the applicant's proposal complies the above- described criteria. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district;is proposed. 1 35 Thcrc arc no natural and/or gcologic hazards, including thc Gorc Creck floodplain, that cffcct the Austria Haus propcrty. F. Site pVan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The applicant has revised the site plan in response to comments received from the Town Council and staff. Most importantly, the applicant has shifted the building 7' on the site to furthcr buffer the surrounding properties. The applicant has dcsigned the building to respect the 50' Gore Creek Stream sctback along the south side of the property and to maintain the required 20' setback along the west property line. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Austria Haus redevelopment will havc major positivc impacts on both off-site and on- site vehicle and pedestrian traffic systems surrounding the properly. Staff bclieves that pedestrian circulation will be substantially improved as result of the redevelopment. lmprovements includc a new 14-foot widc 6us lane and a dedicated, 12-foot wide pcdestrian lanc along East Meadow Drivc, as wcll as an improved pedestrian streetscape along the north side of thc building adjacent to the retail shops. The pcdestrian strcetscapc will be heated, thus providing icc-free and snow-frec sidewalks. All new pedestrian improvements propose the use of concrete unit pavers, with the exception of thc l Z-foot wide walkway along East Meadow Drive, and wil] conncct into the existing improvements to the east (Slifer Square), to the west (Villagc Centcr) and to the Vail Transportation Center to the north. The applicant has redesigmed the pedestrian access through Slifer Square. The original design indicates improvements to Slifer Snuare which improve pedestrian access to and around the Austria Haus. Staff believes that this access will have positive effects upon the circulation system on and off the site. Vehicular circulation will also be positively effected by the redevelopment. The current parking situation will be improved by rcmoving the surface parking lot and replacing it with an underground parking structure and a front entry drop-off area. Access to the parking structure shall be via a heated ramp located at the west end of the project. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The proposed landscape plan will have important beneficial impacts on the quality of the public spaces in the vicinity of the Austria Haus, due to the improvements to East Meadow Drive, Slifer Square and the Gore Creek streambank. 36 Thc strectscape improvements recommended in the Town of Vail Streetscape Master Plan will bc partially implcmented. The partial improvcmcnts will enhance the pedestrian cxperience along East Mcadow Drive through the construction of a wider and more attractive heated walkway adjacent to the retail shops. The implementation of the streetscape improvements, however does not include a separate pedestrian walkway from bus traffic. The applicant is no longer proposing to delineate the pedestrian arcas and bus lane in East Meadow Drive through the use of diffcrcnt paving surfaces. The applicant has designed improvements to the western portion of Slifcr Square. The improvements have been devcloped with the hclp of Town staff. The applicant's design is sensitivc to the numerous mature trces existing in Slifer Square. Only those trees which impact pedestrian circulation, effect sun cxposure to the seating areas, and would otherwise be damaged due to construction, are being removed. Thc rernoval of the trees will be mitigated by the planting of additional trees clsewherc in Slifer Square. Staff was concerned with the redesign of the pedestrian area immeciiately west of the new bus shelter. The applicant has reintroduced a landscape planter in this area. The planter and thc 24-foot, 22-foot, and 18-foot tall spruce trees in the planter will frame thc northeast corner of the building and to reduce the vastness of the paved area. The new trccs will also mitigatc the loss of several other mature trees existing on the site. Improvements arc proposed for the Gore Crcek strcambank adjacent to the Austria Haus. The improvements are intended to enhance the visual appearance of the streambank and stabilize the soil by reducing the grade of the slope and revegetating the bare soils. The applicant will also be implementing an crosion and sedimentation control plan to prevent run-off from the construction site from entering Gore Creek. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Phasing of dcvelopment is not proposed. The applicant is required to submit a construction phasing and staging plan to the Town prior to receiving a building permit. The plan will be used to ensure an efficient and workable relationship with surrounding uses during the development of the Austria Haus. At this time, the applicant is anticipating a minor subdivision to amend the location of the north property line. The applicant is proposing to trade ]and with the Town in order to gain an additional one - two feet of land area aiong the northeriy property line. In exchange for this land, the applicant is proposing to trade a triangular piece of property adjacent to Slifer Square to the Town. Any proposal to trade land with the Town must be reviewed and approved by the Council. 137 , VL STAFF RECOMMENDATION The Community Development Department staff recommcnds that thc Planning and Environmental Commission recommend approval of the rcquest to establish Special Development District #35, Austria Haus, located at 242 East Meadow Drivc to the Vail Town Council. The staff believes that cach of the SDD design criteria continue to be met, as identified iq this memorandum and that the applicant has addresscd the numerous issues identified by the Planning and Environmental Commission and the Town Council. The staff has identified the following conditions of approval, which we recommend be included in a PEC motion: 1. That the applicant meet with the Town staff, prior to appearing before Town Council for the first reading of an ordinance establishing Special Devclopment District #35, to formulate a construction phasing plan and to determine financial responsibilities for the off-site improvements to Slifer Square, East Meadow Drive and the revegetation of the Town-owned stream tract, south of the Austria Haus. Staff will then make a recommendation to Council regarding the construction phasing and financial responsibilities of the off-site improvemcnts. . 2. That the applicant prcpare a deed restriction or covenant, subject to the Town Attorney's rcvicw and approval, thcreby restricting the current and future owncr(s) ability to locate a restaurant, or similar food service operation on the Austria Haus property. Said deed restriction or covenant shall be recorded with the Eagle County Clerk and Recorder's Office prior to the applicant submitting for a building permit. 3. That the applicant submit the following plans to the Department of Community Dcvelopment, for review and approval, as a part of the building permit application for the Austria Haus: a. A Tree Preservation Plan; b. An Erosion Control and Sedimentation Plan; c. A Construction Staging and Phasing Plan; d. A Stormwater Management Plan; C. A Site Dewatering Plan; and f. A Traffic Control Plan. 4. That the applicant provide deed-restricted housing, which complies with the Town of Vail Employee Housing requirements (Chapter 18.57), for a minimum of 12 employees, and . that said deed-restricted housing be made available for occupancy, and the deed restrictions recorded with the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Austria Haus.. , 38 f I 5. That the PEC approval of Special Devclopment District #35, thc approval of the conditionat use pcrmit to allow for the operation of a fractional fee club in the Public Accommodation Zonc District, and thc approval of a minor subdivision shall be conditioncd upon the approval of this SDD cstablishment request by the Vail Town Council. 6. That this approval is conditioncd upon the approval of a minor subdivision, as follows: "A minor subdivision will amend the location of the north property line. The applicant is proposing to trade land with the Town in order to gain an additional one - two feet of property along the northerly property line. In exchange for this land, the applicant is proposing to trade a triangular piece of property, adjacent to Slifcr Square, to the Town. If a minor subdivision is requested, all costs incurred to complete the subdivision and the exchangc of land with the Town shall be the responsibility of the applicant." 7. That thc following design considerations be carefully reviewed by the Design Review Board (as previously discussed in Section IV of this memorandum): A) That the mullions on the windows and doors, as depicted on the building elevations, " be a required clcment of the Austria Haus project. B) That partial improvements rccommendcd for East Meadow Drive, as depicted in the approved Town of Vail Streetscape Mastcr Plan, be imptemented as a part of the Austria Haus project. This includes a reduction in street width from 30 feet to 26 feet (14 foot bus lane and 12 foot attached, asphalt pedestrian walk). C) That the applicant increase the roof overhangs on the building. Currently, the overhangs vary from two fcet to three fect. Staff would recommend that all the roof overhangs be a minimum of three feet. D) That the applicant prepare a comprehensive sign and exterior lighting program for the Austria Haus. The comprehensive exterior lighting and sign program will be reviewed by the DRB. E) That the applicant revisit the originally contemplated design which incorporates the ioading and delivery facility in the underground parking structure. Staff believes that trying to accommodate loading and delivety in the porte-cochere area will result in conflicts between pedestrians, vehicles accessing the parking structure, and delivery trucks. Staff understands the original design option may not be the desire of the owners of the Village Center Condominiums, yet we believe the impact can be mitigated with appropriate screening. / 39 F) That the applicant submit plans indicating the proposed design of the bus shelter in Slifcr Square. The plans shall be submitted prior to DRB conceptual review. G) That the applicant submit plans indicating the location, type, and quantity of roof top mechanical equipment prior to DRB conccptual review. H) That the applicant submit detailed building elevation plans adequately labeled to identify architectural details (railings, trim, fascia, etc.) and exterior building materials and colors prior to DRB conceptual review. , ~ 40 f I dm ~ Jonnenalp Relort of vail May 20, 1997 Town of Vail Departnent of Communicy Development Vaii, Calorado 81657 k~Q - d 45.2 Attention: George Ruther Dear George, it is my understanding thac you require a document specifying the location and naNre of employee housing for 12 emp]oyees to be deed restricted foC the purpose of 1he SAD proceeding of the Austria Haus project. We aXe proposing to deed reslxict 6 units in our So19r Vail Complex Iocated just east of Red Sandstone Elementary, 'Ihe units are one bedroom units of abouC 600 square foot each with one bathroom and full kitchen. For the past several years, Sonnenalp has been using Solar Vail for employee housing purposes. Solar V$i] due its close-in locatioa and units make-up is an excellent ennp]oyee housing project. We are proposing to deed restrict unit # 11, 2, # 13, # 14, # 15,and # 16, As a condition for deed regtCiction we require that Sonnenalp will be petmirted in the future to transfer the specific urlits to differenc units within the projeet and to units outsidc of the project of comparable location and size parataleteis. Let me know if you need anything further at Lhis point in time, Sincerely, ~ y ~ 16ir13 aessler President Sonaenalp Properties, Inc. r / ~ Utclnecl uiirl opcrnlcd hy l.hi, 'k1SSIE'r /•'(11711Iy 20 V,iil ltoacl, Vail, Coic,r.iclo 81657 •97O/-17G-5C,iG • 1-titlr?-f„~i.tt31 raa 97n/4*;n_1K.30 I/i 'd 9L8t 'OH 1,NOSRX dIVNRNNOS WdfIG:A I.fifil 's'7. 'AeW - - - - - - - - - - - - - - - ~ - - o~..,.. ~ At~xi~M Mh~e~ ts I ! GA~A • _ \ ' ~ \ ~ ~ I " _ ' " " r. 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' ~ ~ --,-t--1------ ------r--r--~------i--=--- i , -=~-=-i-= ~ I I I I I I I I I i I I~ ~(-I~+ - - I N ' ' ' ' f•_. I ~ ~ II f ; ---~=--t- ~ ~ i i i i i i i i i i i i ; I• i i i i i i i i i i i i i;--••~- i~ - - t-~- - - _ J i~ • , i ii ~ ti, 7m,;~,- - - - ¢4i:=1.1 i _ 1~I i I I I t I I I II I I I I II I;IIIIIIIII I II I~~I I ,111 II~.IIIIII I I I' I.:Ir=I • _ ~iIIIIIIIIII I I I IIIII _ _ I I I I I II _ y~~~~a I, I _ i LT]LT.I~ ' N~I -a~ - ~ I _ • - i I _ ~~`G - - _ i--.C\ I - - - - - - 1 - - - - - - ~ - - - - I~ ~ ~ . . ~ - - - - - - - - i ~ , ~ ~ I I I I I 1 I I I I I i I w..~...r '_"___'"'c'" ° I E,US SNELTER ^BUS SHELTER O I ~ I I I I I~O WEST ELEVGTION [ ? 150UTH ELcV4TIGN - - - - - - - - - - - - - - - - - - - - - - - -4 e ...e I I I I I I ~ I ~C O! I I I i I I (yl ~ I . I ~ .oST ELEvG71q7N e . ~ } ~ "c"" " / Y~ ~ i' ? _ - i BUS S"ELTcR BUS SHELTcR ~ ~ (2)Ed5T ELE`/..TI^N (2)NORTH E_EVGTICN . u I - -I - - ~ - - .;rr.:- k- ~ I I , i i 00 0offlUm m FIJI Fo MR - - - -I - - - ~ I--- i, ~ - - - - - - - - - - - - - - ~ - (1EJ5 SN=L'=_e P! :;u ~ I I I I I Ir I I ~---t l"~';tFST =LEvar!ph' ~ - - - - : . - ~ - - - - - - - , - 8 TheUcril Trcu1- May 30, 1997 . -------When ~ Avon council ponders: is ' ~A I a contribution not a donation? i By CO1vNIE 5TEIEftT the fee for one group, and world record by successfully I Which constitutes a more not do the same for another? traveling more than half way , responsible use of `public "Council made a policy before having to call it quits. ~ funds - free softball for a agreement - which I person- $y holding a r_eception charitable event, or • a high- ally didn't agree with - not honoring his accomplish- ~ profile reception for a new, to make contributions to ments, argued Fawcett, the 1i semi-local celebrity? charities. This is a contribu- town could showcase Avon - tion," Fawcett said. ano in particular, the Avon : These were issues Avon I r, if tbe re- i Town Council grappled with Councilman Jim Benson, ftecreation Cente at its Tuesday, May 27 work said he was in favor of the ception were held there. ; ' session. And the opinions Palicy, but he, too, expressed More than one council- i ~ about each proposal varied reservations about waiving member expressed his discom- ~ ' greatly acrosa the board. . the fee. fort at spending such a large They were, in fact, two "We would be obligated to chunk of money for a party : separate issues, but the give someone else the same only a few would enjoy. The ~ common thread of the two deal." plan calls for inviting approx- ' imately 50 dignitaries to the items was how best to use cocktail reception. Council- public funds the town is en man Buzz Reynolds, Jr. sug- trusted with. gested the whole town be ~ In a way, the dilemma goes ~ w d~.~~ 7 b a c k a y e a r, when council F invited instead, but Fawcett ~ ob~~ate tQ ~~ue , said space and money prohib- voted not to budget for char e~5~ ~e;~~ s~ ited that. ' itable contributions. This Althou h Fawcett sug- i policy was in stark contrast g to previous years, when it gested council pursue the ~ F~ayar T~?c1~ < .x_~ ~ ;~g , 3:. plan, getting more informa- ; had doled out small amounts va., . ~,,~,;,:,y 5 . 3.., , ; : ' to several local nonprofit en- tion, and asking Beaver tities. But council decided In the end, council voted Creek if it cares to help ~ that it did not like being in - by a slim margin - to ask sponsor the event; the pro- ~ the position of deeming one Rocky Nlountain ftadio to posal had limited support. cause more worthy than an- donate the $320 fee to a local From the mixed comments, I other. ' charity. council was °divided in its I Yet, this is exactly what it But Fawcett still cau- opinion whether this was : a was asked to do when a re- tioned, that by agreeing to fitting way to spend commu- ~ quest came in from Rocky waive the fee which would nity money. Nor was the i Mountain Radio to waive the otherwise go into town cof- irony of haggling over $320 ~ $30 softball field fee for a se- fers, it was a form of contri- for a charity. event, while ries of charity softball games bution on the town's part. proposing a pricey shindig for if at Nottingham Park. "Let's not fool ourselves," a handful of people, lost on I Not one councilmember de- he said. "When budget time at least one of its members. i nied the worthiness of the comes, keep it in mind." "Of the two; I would sup- ~ event, which would pit KZYR Minutes later, the issue port the softball," said Coun- , and KSKE radio personnel about what constitutes ap- , cilman Richard Carnes dur- against one another. Each propriate use of public funds ing a session break. Unfortu- player would be asked to do- again surfaced, as council de- nately, that was not the ; nate a can of food per game bated whether or not to ap- choice. ' to the Food Reaource Center prove $1,600 for a reception But the reception proposal 1 of Eagle County. Last year, in honor of balloonist Steve may never come to a vote. ' council approved the eame Fosset - a part-time Beaver Council has yet ta ask Fosset ~ agreement. But lost revenue Creek resident. , - who is currently at his I to -the town wbuld be $320 Last year, Fosset at- Chicago resiiience - whether j for the eight-week series. tempted to circle the globe in he would be,willing to attend ~ Mayor Jack Fawcett asked a hot air balloon. Though he the event. It just might not ~ how the town could waive failed, he broke his own fit with his plans. ~ The \Jail Trai1- Mcry 30, 1991 ~ ~ ~ ~ ' ~ E ~ , s~ n ;i;~:~ , r . ~ _ ~ t ~ i . ~ ~ ~ ::,•),~~~i . . ls Avon treatin . g' ~ . . : nonprafits eq,rall ~ - ~ It's time fo find out. : Mayor Jack Fawcett's words were' perfect; ; . "Let's not fool ourselves." . , . . . . . . . . : ~ . ; . . : , . , . Aion"' . . . von :Town Council, made a , ".contribut ~ , . . . : . . . . W . . ; : hen it voted to waive softball field fees for an u comin P g KufiYR/KSKE charity event. The . decision to ask ftocky Mountain Radio to make , . , a$320 charitable donation of its own (instead , of payingAvon for use of the fields) doesn't fool ~ 'anyone. (See page 8 for details.) ~ ~ Most importantly; it doesn't fool representa- : tives of all the nonprofits who've approached ~ the town for financial help over the.last..two. . years. Ever since deciding "not to make dona- ~ tiona to charities," members have imprudently : . , . locked the town's coffers. . . ~ It's unfortunate that a,,majority of council now think a a double standard should prevail.If Avon's decided on a no-funding approach for. - nonprofits, it shouldn't use creative language to do some picking and choosing. After all, if . one charity deserves a"waiver," don`t others?.1 . Will this 3-2 vpte set precedent7 . . : . , . , _ Isn't it ironic that at the same meeting; . . ~ , . ' • . ' ~ ' . T'~ ' ' . . . . . . ~ members considered a$1,600 request for a, ~ - . . private reception that would exclude imost of Avon's population?.Split any number ofways, _ that cash could go a long way for the Boy . Scouts; the Food Resource Center; Colorado . : West, or the rest. ' Who knowa7. It may even . , save the town " money on social service costs. ~ ~ Avon Town Council needs to take another look at how it spends taxpayers' cash, and how it treats the organizations which support thia. . community.. ~ s: ' . . . . . : f...~ . . : . . . . . . : . . . ~ . ~ . ~ : . . ~ . . . . . , . . . .v . . . . ~.r: . , . . . ~ . ~ ~ . . . . • . " . . , . . . : . . . ~ . ' !rUi";'~. . . • . . . _ _ ' . ' : .1 . - . ~ • . . . . . . . . . ~.1 ' ~ . . ~ . ' , . ~ . . August 1, 1997 FIELD~Mr./Ms.) FIE~:D ¢(~First Namej ast Name) ElE~D(Companyj' . . FIEL.D(Address) "44CitY}, FIELD;(State) ~'D( Zig~ RE: Contributions - Dear ~~EIlI7; ./Ms j MMast Nam4: Attached please fmd the following forms that relate format and policy the Town of Vail has implemented in regard to requests for funding. These forms are as follows: _ 1) Contribution Policy/Disclosure 2) Application for Town of Vail Funding 3) Application for Town of Vail Funding/Balance Sheet 4) Application for Town of Vail Funding/Statement of Sources and Uses A completed submission must be received at the Town of Vail by Friday, August 29, 1997, in.order to qualify for funding in 1998. Funding will be determined solely from the written application;'no in-person presentations will be held. If the Town Council has questions about your application, you may be contacted by a staff member at a later date. Requests for parking passes/coupons must be included in the disclosure. Individual requests throughout the year, outside this process, will not be considered. When making your request, please keep in mind the Town is experiencing uncertainty in its revenue levels and, therefore, is not planning to increase its contribution budget. . If you have any questions on materials to be submitted, please do not hesitate to contact either Judy Popeck, Accounting Technician, at 479-2123, or me, at 479-2119. Sincerely, TOWN OF VAIL Christine B. Anderson, C.P.A. Finance and Budget Manager C 1 CONTRIBUTION POLICY TOWN OF VAIL 1. All contribution requests received by the Town of Vail will be processed in the following manner: A. All requests must be submittted in writing using the Town's application for funding. ~ You may submit financial information (Balance Sheet and Statement of Sources and Uses) ONLY IF it does NOT exceed 2 pages in length. Please do not attach additional information. Incomplete applications and supplemental information will not be accepted. The Town Council will only be given your completed application _ forms. No supplemental information will be given to the Town Council. B. All applications for funding in 1998 shall be sent to the Town by Friday, August 29, 1997. C. The Town Council will evaluate the various proposals based on their support of the following outcomes: 1. A positive, sustained economic climate 2. An environmentally sensitive high quality of life - 2. Disclosures to all applicants: A. No money will be disbursed until Mazch 1, 1998. Each recipient must invoice the Town of Vail for the total approved contribution prior to March 1; 1998. . B. Because of uncertainty of revenue estimates, please note the following possibilities: 1) Contribution funding may be reduced based on 1997 revenues. - 2) The Town of Vail may choose to disburse funding in quarterly installments throughout 1998. C 2 ~ APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by August 29, 1997. You must provide 11 copies of the application. Any application received after that date or any application packet with fewer than . l l copies will not be considered. Please send application to: - Town of Vail Christine B..Anderson, Finance and Budget Manager 75 South Frontage Road West Vail, Colorado 81657 For questions on the fmancial statements, please contact Christine Anderson at 479-2119. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: 2. Contact person: 3. Mailing address: 4. Telephone: 5. Amount of contribution requested: - 6. Organization fiscal year-end: 7. Are your books audited? 8. How will the contribution be used? 9. How does your request support the Town outcomes identified in item 1 C of the contribution policy? 10. Who currently funds your organization (other governments, private donations, user fees, etc.) 11. Organization's mission statement: (If more room is needed to answer questions, please use the back of this page.) C 3 APPLICATIOIV FOR TOWN OF VAIL FUNDING Balance Sheet Instructions: Round all figures to the nearest dollaz. Please present in as much detail as possible. Most Recent Completed Fiscal Yeaz (Date: ) Assets: $ Total Assets - $ Liabilities: $ Total Liabilities $ Net Worth (Total Assets Minus Total Liabilites) $ C 4 •f ~ APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses Instructions: Round all figures to the nearest dollaz. Please present in as much detail as possible. Current Fiscal Year Budget - Revenues: (List by funding source) $ Total Revenue $ Expenses: $ Total Expenses $ Total Revenue Minus Expenses $ C 5 1 ' 1996 ~ FINANCIAL ~ STATEMENTS ~ ~ 1 u r t k~ ~ ~ ~ _ ' ~ t~ ~ ~ ~P^ ~ > ~'r ~ ~ • ~ ~ . € a . I I I 1 1! ' A , '~v {E y3 . 4 ° > ~ ~ . M y~ _ ~ 1 t ' ' ' ' ' - TOWN OF VAIL 1 1 Financial Statements ' ' For the fiscal year ended December 31, 1996 ' 1 1 . 1 ~ 1 ~ ' ' 1 1 ' Town of Vail, Colorado Financial Report ' December 31, 1996 TABLE OF CONTENTS ' Pa~e FINANCIAL SECTION: , Independent Auditor's Report 1 ' General-Purpose Financial Statements: Combined Balance Sheet - All Fund Types and ' Account Groups A 1- 2 Combined Statement of Revenues, Expenditures ' and Changes in Fund Balances - All Governmental Fund Types A 3 ' Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - ' General, Special Revenue and Debt Service Funds A 4 Combined Statement of Revenues, Expenses and Changes ' in Fund Equity - All Proprietary Fund Types and Similar Trust Funds A 5 , Combined Statement of Cash Flows - All Proprietary Fund Types A 6 ' Notes to the Financial Statements B 1- 24 COMBINING AND IlVDNIDUAL FUND FINANCIAL STATEMENTS: ' General Fund: ' Statement of Revenues - Budget (GAAP Basis) and Actual C 1 ' Statement of Expenditures - Budget (GAAP Basis) and Actual C 2 1 ' ' ' ' Town of Vail, Colorado Financial Report ' December 31, 1996 TABLE OF CONTENTS ' (Continued) ' P~ COMBIlVING AND INDNIDUAL FUND FINANCIAL STATEMENTS (CONTINUED) ' Special Revenue Funds: ' Combining Balance Sheet C 3 Combining Statement of Revenues, Expenditures ' and Changes in Fund Balances C 4 Capital Projects Fund, Schedule of Revenues, ' Expenditures, and Transfers - Budget (Non-GAAP Basis) and Actual with a Reconciliation to GAAP Basis C 5 ' Capital Projects Fund, Schedule of Project Expenditures - Budget and Actual Comparison C 6 ' Vail Housing Fund, Statement of Revenues and Expenditures - Budget (GAAP Basis) and Actual C 7 ' Real Estate Transfer Tax Fund, Schedule of Revenues and Expenditures and Transfer - Budget (Non-GAAP ' Basis) and Actual with a Reconciliation to GAAP Basis C g ' Real Estate Transfer Tax Fund - Schedule of Project Expenditures - Budget and Actual Comparison C 9 ' Police Confiscation Fund, Statement of Revenues and Expenditures - Budget (GAAP Basis) and Actual C 10 ' Vail Marketing Fund, Statement of Revenues and Expenditures - Budget (GAAP Basis) and Actual Cl 1 ' ~ ' ' Town of Vail, Colorado ' Financial Report December 31, 1996 1 TABLE OF CONTENTS (Continued) , , Pa e ' COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS (CONTINUED) , Debt Service Funds: Combining Balance Sheet C 12 , Combining Statement of Revenues, Expenditures and ' Changes in Fund Balances C 13 Town of Vail Debt Service Fund, Statement of ' Revenues and Expenditures - Budget (GAAP Basis) And Actual C 14 Booth Creek Local ImProvement District Fund, , Statement of Revenues and Expenditures - Budget ' (GAAP Basis) and Actual C 15 Proprietary Funds: ' Enterprise Fund: , Comparative Balance Sheet C 16 Comparative Statement of Revenues, Expenses, and ' Changes in Retained Earnings C 17 Comparative Statement of Cash Flows C 18 ' Parking Structure Fund, Schedule of Revenues and ' Expenses - Budget (Non-GAAP Basis) and Actual with a Reconciliation to GAAP Basis C 19 , i 1 ~ ' Town of Vail, Colorado Financial Report , December 31, 1996 TABLE OF CONTENTS ' (Continued) I P-$- COMBINING AND INDNIDUAL FUND FINANCIAL STATEMENTS (CONTINUED) ' Internal Service Funds: ' Combining Balance Sheet C20 ' Combining Statement of Revenues, Expenses and Changes in Retained Earnings C21 ' Combining Statement of Cash Flows C22 Heavy Equipment Fund, Schedule of Revenues and ' Expenses - Budget (Non-GAAP Basis) and Actual with a Reconciliation to GAAP Basis C23 ' Facility Maintenance Fund, Schedule of Revenues and Expenses - Budget (Non-GAAP Basis) and Actual with a , Reconciliation to GAAP Basis C24 Health Insurance Fund, Statement of Revenues and , Expenses - Budget (GAAP Basis) and Actual C25 Fiduciary Funds: ' Trust and Agency Funds: ' Combining Balance Sheet C26 Tovm of Vail Employees Pension Trust Fund, ' Compazative Statement of Revenues, Expenses and Changes in Fund Balances C27 1 Deferred Compensation Plan Fund, Statement of Changes in Assets and Liabilities C28 ' ' ~ Town of Vail, Colorado ' Financial Report December 31, 1996 ' TABLE OF CONTENTS (Continued) ~ Page I SUPPLEMENTARY INFORMATION: Grroup of Accounts: , Schedule of General Fixed Assets by Function C29 , Schedule of General Long-Term Debt C30 Other Schedules: ' Debt Service, Schedule of Bond Principal and Interest , Requirements in Future Years, Sales Tax Revenue Bonds, Series 1991 C31 Debt Service, Schedule of Bond PrinciPal and Interest t . Requirements in Future Years, General Obligation ' Refunding Bonds, Series 1992A C32 Debt Service, Schedule of Bond Principal and Interest Requirements in Future Yeazs, Sales Tax Refunding . ' and Improvement Bonds, Series 1992B C33 Schedule of Lease Payments in Future Years - ' Transportation FaciliTy C34 Schedule of Promissory Note Requirements in Future , Years - Golf Course Property C35 Annual Statement of Receipts and Expenditures for ' Roads, Bridge and Streets C36 - 38 Notes to Schedule of Recei ts and Ex enditures C3 ' P p 9 ' ' ' , ' Town of Vail, Colorado Financial Report ' December 31, 1996 TABLE OF CONTENTS ' (Continued) , Pa~e SINGLE AUDIT SECTION: ' Independent Auditors' Report on Internal Control Structure in Accordance with Government Auditing ' Standards D ] _ 2 Independent Auditors' Compliance Report Based on ' an Audit of General-Purpose Financial Statements Performed in Accordance with Government Auditing ~ Standards D 3 Independent Audrtor's Single Audit Report on the ' Internal Control Structure Used in Administering Federal Financial Assistance Programs D4 - 6 , Independent Auditor's Report on Compliance with the General Requirements Applicable to Federal Financial Assistance Programs D 7 ' Independent Auditor's Report on Compliance with Requirements Applicable to Nonmajor Federal ' Financial Assistance Program Transactions D g Independent Auditor's Report on Schedule of Federal ' Financial Assistance D 9 ' Schedule of Federal Financial Assistance D 10 ' ' ' 1 ' MCMAHAN AND ASSOCIATES, P.C. Certified Public Accountants • Suite 222/Avon Center/100 West Beaver Creek Blvd./P.O. Box 5850/Avon, CO 81620 • 970-845-8800 • FAX 970-845-0851 , INDEPENDENT AUDITOR'S REPORT ' Mayor and Town Council ' Town of Vail Vail, Colorado 81657 , We have auditeci the accompanying general-purpose financial statements and the combining and individual fund , and account group financial statements of the Town of Vail, Colorado, for the yeaz ended December 31, 1996 as listed in the table of contents. These financial statements aze the responsibility of the management of the Town of Vail, Colorado. Our responsibility is to express an opinion on these financial statements based on our audit. ' We conducted our audit in accordance with generaIly accepted auditing standards and Governmenr Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and ~ perform the audit to obtain reasonable assurance about whether the financial statements aze free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the overall general-purpose financial statement , presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinioq the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of the Town of Vail, Colorado, as of December 31, 1996, and the results of its operations ' and cash flows of its proprietary fund types for the year then ended, in conformity with generally accepted accounting principles. Also, in our opinion, the combining and individual fund and account group financial statements referred to above present fairly, in all material respects, the financial position of each of the individual ' funds and account groups of the Town of Vail, Colorado as of December 31, 1996 and the results of opcrations of such funds and the cash flows of individual proprietary fund types for the year then ended in conformity with generally accepted accounting principles. ' Our audit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a whole and on the combining and individual fund and account group financial statements. The accompanying , financial information listed as supporting schedules in the table of contents is presented for purposes of additional analysis and is not a required part of the financial statements of the Town of Vail, Colorado. Such information has been subjected to the auditing procedwes applied in the audit of the general-purpose, combining and ' individual fund and account goup financial statements and, in our opinion, is fairly presented in all material respects in relation to the financial statements of each of the respective individual funds and account groups taken as a whole. , W\ C~ct,~~ o, C\_ McMahan and Associates, P.C. Avon, Colorado March 21,1997 ' D. Jerry McMahan, C.P.A. Members of American Institute of Certified Public Accountants Jeannie L. Treu, C.P.A. ' Paul J. Backes, C.P.A. and Colorado Society of Certified Public Accountants Daniel R. Cudahy, C. P. A. 1 I ' 1 ' ' 1 General Purpose ' Financial Statements ' ' The basic financial statements provide a summary overview of the financial position of all funds and account groups and operating results of all funds. They also serve as an ' introduction to the more detailed statements and schedules that follow. ' ' ' ' ' ' ' ' , , Town of Vail, Colorado Comhined Balance Sheet All Fund Types and Account Groups Dccember 31, 1996 (With Comparative Totals For 1995) Proprie[ary Fiduciary Governmental Fund Typ- es _ Fund Types _ Fund T~pe_ Account-Groups - Total General General (Memo Only) Total (Memo Only) Special Debt Internal Trust & Fixed Long Term Primary Component Reporting Entfty General Revenue Service Enterprise Service Agency_Assets DebtGovernment _ Unit _ 1996 _1995 Assets Cash 20,082 2,600 22,682 35,624 58,306 46,220 Equity in pooled cash and inves[meats 2,069,697 8.339,178 233,032 643,015 1,804,697 55,311 13,144,930 13,144,930 12,245,648 Investments - employee's retirement plan 23,059,037 23.059.037 23,059,037 19,424,I06 Cash and investments - restricted 286,352 296,352 286,352 289,674 Reccivables: Camponent unit 868,000 868,000 868,000 902,000 Taxes and fees 2.537,761 243,483 2•781.244 2•781•244 2,731,239 Other governments 104,454 127.274 231.728 231.728 423.222 Specialassessments 32,365 91,908 108,039 232,312 232,312 291,350 Accrued interest 80,612 10,026 90,638 90,638 74,185 Other, net ot aliowance (or uncollectible accounts 138,802 2,253 29,304 977 171,336 2,000 173,336 428,314 Loans to participants 413,061 413,061 413,061 426,673 523,431 Inter(und receivables Inventory 157,799 157,799 157,799 141.307 I Deposits I,757 Prepaid expenses 256,470 89.312 345,782 345,782 480,743 Property taxes assessed 1,858,949 1,858,949 1,858,949 1,822,057 Property, plantand equipment,net 11,141,584 2,457,174 45,028,841 58,627,599 2,608,873 61,236,472 59,139,580 Amount to be provided (or payment term debt 24.636,073 24,636,073 868,000 25,504,073 26,352,313 o( general long Amount available in debt service funds 528,935528.935 528,935541,492 Total Assets 7 099 192 8 712 188 1 489 3l8 11,924,542 4 509 959 23,527,409 45 028 841 25 165 008 127.456 4i7_ 3.514.497 130.970.954 126.316-311 - The accompanyine notes are an integral part of these financial statements. AI Town of Vail, Colorado Combined Balance Sheet All Fund Types and Accoum Groups December 31, 1996 (With Comparative Totals for 1995) Proprietary Fiduciary Governmental Fund TyPes _ Fund Type Fund Type _ Account Groups__ - Total General General (Memo Only) Tolal (Memo Only) Special Uebt Internal Trust & Fixed Long Term Primary Component ReportinR Entity General Revenue Service Enterprise Service ARency Assets ____Debt Government _ _ __Unit_ 1996 _ 1995 Liabilities Accounts/vouchers payabie 227.119 947,654 475 64.186 234,487 47,266 1,521,187 24,492 1,545.679 1.130,363 Retainage payable 362,516 362,516 362,516 172,959 Accrued wages and benefits 173,188 1,470 26,822 80,858 282,338 282.338 222,144 Deferred revenue 132,691 71,685 959,908 1,164.284 1.164,284 1,148,203 Deposits payable 349,958 2,100 9,655 361,713 361,713 370,621 Intertund payable 523,431 Due to employees 1,986,435 1,986,435 1,986,435 1,557,358 Leases payable 191,526 191,526 191,526 372,260 Notes payable 803,813 803,813 868,000 1,671.813 1,914,606 General obliga[ion bonds payable ~~~,OW 7•000•000 7'000•000 7'000'000 Salestaa revenue bonds payable 16,585,000 16,585,000 16,585,000 17,025,000 Specialassessmentbonds payable 120,000 120,000 120,000 150.000 Accrued vacation payable 464,669 464,669 464,669 431,939 De(erred assessments 32,365 32,365 32,365 39,224 Deferred revenue - property tazes assessed not collectible untilsubsequent years 1,858,949 1,858,949 1,858,949 1,822,057 Total Lfabilities 2,774,270 1,385,425 960,383 100.663 315,345 2_033,701 25,165,008 32,734,795 892,492 _ 33,627,287 33,880,165 Fund Eguity Contributed capital 14,837,648 2.300,984 17,138,632 17,138,632 15,979,614 Investmentin general fixed assets 45,028,841 45,028,841 2,608,873 47.637,714 45,774,598 Retained eamings: Reservcd for healthinsurance 758,815 758,815 758,815 750,177 Unreserved (deficit) (3,013,769) 1,134,815 (1,878,954) (1.878,954) (2,066,056) Fund balances: Reserved (or Symposium I0.992 10,992 10,992 10.992 Reserved (or employees' retirement plan 21.493,708 21,493.708 21,493.708 IR,323.807 Reservcd for retirement of bonded debi 528,935 528.935 528,935 541.492 Reserved for prepaid expenses 256.470 256,470 256.470 422,017 Reserved foremergencies 773,000 773,000 4,000 777,000 740,000 Desienated for Alpine Gardens Pledge 25.000 25,000 25,000 15.000 Desienated for housine loan proeram 200,000 200•000 200'0OO 2O(1'0IX0 Desienated for subsequent years' ezpendimres 3,922.730 3,922,730 9,132 3,931,862 4,719,638 Undesignated 3,084,460 3,379,033_ _6,463,493 _ _ _ 6,463.493 7,024.867 Total Fund Equity 4,324,922 7.326,763 528,935 11,823,879 4,194,614 21,493,708 45,028,841 94,721,662 2,622,005 97,343,667 92.436,146 Total Liabilities and Fund Equity 7,099,192 8 712 188 1.489,318 I I 924 542 4,509,959 _23.527.409 _ 45.028,841 _ 25J65:W8.J27,456.457 =___3 514,497 130,970,954 126,3I6,3_1I The accompanying notes are an integral part ot these financial staiements. A2 Town of Vail, Colorado ' Combined Sta[ement of Revenues. Ezpendimres. ' and Changesin Fund Balances All Governmental Fund Types , For the Year Ended December 31, 1996 (With Compantive Totals for 1995) Governmental Fund Tvpes Total (Memo Onlv) ' Primary Special Debt Government Component Reporting Entit}• General Revenue Service 1996 Unit 1996 1995 Revenues: Taxes 11.928,432 8,699,979 20,628.411 20.628.411 19.280.819 ' Licenses and permits 921,324 340,343 1.261.667 1.261.667 1.031.406 Intergovernmentalrevenue 1,149,716 428.979 90,376 1,669.071 115.376 1,784,447 1.919,138 Charges for services 329.860 329,860 329,860 237.964 Fines and forfeits 277,408 277,408 277,408 252,618 ' Miscellaneousrevenues 145,212 271,244 19,569 436,025 436.025 1.439,746 Interest 316,638 527,275 29,689 873,602 1.040 874.642 1,041.914 Rencs 143,706 31,276 174,982 12,000 186.982 161,884 Total Revenues 15,212,296 10,299,096 139,634 25,651,026 128,416 25,779,442 25,365,489 , Expenditures: Operating: , Generalgovernment 4,400,425 499,287 4,899.712 54.841 4,954,553 5.204,487 , Public safety 4,180.163 4.180,163 4,180,163 4,216,935 Public works and vansportation 4,248,902 4,248,902 4,248.902 4,060.581 Economic development and community asistance 888,959 888,959 888,959 951,832 , Public library 589,419 589,419 589.419 541,142 Capital projects 9,981,603 9,981,603 9.981,603 7.956,019 Debt service: Principalretirement 208,793 419,900 628.693 34,000 662,693 2,308,773 Interestand fiscalcharges 180,397 908,805 1,089,202 56,376 1,145,578 1,236,219 ' Total Expenditures 14,307,868 10,870,080 1,328,705 26,506,653 145,217 26 651,870 26,475,988 Excess of Revenues Over (Under) ' Expenditures 904,428 (570,984) (1,189,071) (855 627) (16 801) (872 428) (1,110,499) Other Financing Sources (Uses): Capitalleases 8,210 8.210 8,210 17,705 ' Operating transfersin 1,602,650 1,176,514 2,779,164 2,779,164 1,811,902 Operating transfers out (917,650) (1,676,514) (2,594,164) (2.594,164) (1,530,477) Total Financing Sources (Uses) (909,440) (73 864) 1,176,514 193,210 193,210 299,130 Excess of Revenues Over (Under) ' Expenditures and Other Sources (Uses) (5,012) (644,848) (12,557) (662,417) (16.801) (679,218) (811,369) Fund Balances - January 1 4,329,934 7,971,611 541,492 12,843,037 29,933 12,872,970 13,684,339 , Fund Balances - December 31 4 324 922 7 26 76 5 R 9'i5 12J80-620 1 132 12 193 752 12 872 970 ~ 1 1 ' The accompanying notes are an integral part of these financial statements ' A3 , , Town of Vail, Colorado Combined Statement of Revenues. Expenditures and Changes in Fund Balances - Budget and Actual General, Special Revenue and Debt Service Funds For the Year Ended December 31, 1996 General Fund Special Revenue Funds Debt Service Funds (GAAP Basis) _ (GAAP and Non-GAAP Basis) (GAAP Basis) - Variance - Variance Variance Amended Favorable Amended Favorable Amended Favorable Revenuer _ Budget Actual (Unfavorable) _ Bu et_ Actual _(Unfavorable) Budg et- Actual (Unfavorable) - - Taxes 11,935,345 11,928,432 (6,913) 8,297,000 8,699,979 402,979 Licenses and permits 791,860 921,324 129,464 345,000 340,343 (4,657) Intergovernmental revenue 1,159,048 1,149,716 (9,332) 1,030,004 428,979 (601,025) 90,376 90,376 Charges for services 313,818 329,860 16,042 Fines and forfeits 282,300 277,408 (4,892) Miscellaneous revenues 190,515 145,212 (45,303) 781,431 794,675 13,244 31,475 19,569 (11,906) Interestearnings 280,000 316,638 36,638 425,458 527,275 101,817 22,770 29,689 6,919 Rents 131,733 143,706 11,973 28,728 31,276 2,548 Total Revenues 15,084,619 15,212,296 127,677 10,907 621 10,822,527 _ (85,094) 144,621 139.634 4( ,987) Expenditures: Operating: Generalgovernment 4,744,168 4,400,425 343,743 568,636 499,287 69,349 Public safety 4,339,191 4,180,163 159,028 Public works and transportation 4,378,449 4,248,902 129,547 Economic development and community assistance 886,328 888,959 (2,631) Public library 588,730 589,419 (689) Capital projects 13,121,788 9,981,603 3,140,185 Debt service: Principal retirement 732,224 732,224 419,125 419,900 (775) [nterest and fiscal charges 180,397 180,397 913,590_ 908,805 4,785 Total Expenditures 14,936,866 14 307,868 628.998 14.603,045 11,393,511 3,209,534 1,332,715 1,328 705 4,O10 - - Excess oC Revenues Over (Undery Expenditures 147,753 904,428 756,675 (3,695,424) _ (570,984)_ 3,124,440 (1,18g,094) (1,189,L71)___ (977) Other Financing Sources (Uses): Capitalleases 8,210 8,210 Operating transfersin 1,593,500 1,602,650 9,150 1,176,514 1,176,514 Operating transfers oui (918,500) (917,650) 850 (1,676,514) (1,676,514) Total Other Financing - - - - Sources(Uses) (918,500) (909,440) 9_060_ 83,014 73,864 9,150 I,U6,514 1,176,514 _ ~ ~ - - Excess of Revenues Over (Under) Expenditures and Other Uses (770,747) (5,012) 765,735 (3,778,438) (644,848) 3,133,590 (11,580) (12,557) (977) Fund Balances- January 1 3,217,915 ____4_329,934 1 12,019 6,962,991 7,971,611__ I,008,620 530,636 541,492 10,856 - - _ Fund Balances - December 31 2.447,168 4,324.922 1 877,754 3,184,553 7,326,763 _ 4,142,210 519,056 528 935 9,879 The accompanying notes are an integral part of these financial statements. A4 Town of Vail, Colorado ' Combined Statement of Revenues, Expenses, and Ch anees in Fund Equiry - All Proprietary Fund Types and Similar Trust Funds For the Year Ended December 31, 1996 ' (With Comparative Totais for 1995) Proprietary Fiduciary , Fund Types Fund Type Total Enterprise Internal Pension ' Fund Service Funds Trust Fund 1996 1995 Operating Revenues: ' Charges for services 2,026,248 3,915,735 5,941,983 5,606,330 Insurance reimbursements 20 16,350 16,370 29,076 Other 22,221 22,221 11,680 , Net gain (loss) on plan investments 3,114,266 3,114,266 1,494,340 Contributions 1,281,477 1,281,477 1,392,170 Total Operating Revenues 2,026,268 3,954,306 4,395,743 10,376,317 8,533,596 , Operating Expenses: Administrative 102,234 102,234 97,255 ' Operations 1,092,069 3,675,199 4,767,268 4,461,538 Depreciation 1,021,471 453,307 1,474,778 1,429,643 Claims, premiums, and dividends 1,744,402 1,744,402 1,131,885 Total Operating Expenses 2,113,540 4,128,506 1,846,636 8,088,682 7,120,321 ' Operating Income (Loss) (87,272) (174,200) 2,549,107 2,287,635 1,413,275 , Non-Operating Revenues and Expenses: Investmentincome 40,848 107,455 620,794 769,097 805,734 ' Operating transfers (out) (185,000) (185,000) (281,425) Debt service on bonds (746,774) (746,774) (531,737) Gain on disposition of equipment 30,485 409,162 439,647 178,388 ' Total Non-Operating Revenues (Expenses) (860,441) 516,617 620,794 276,970 170,960 Net Income (Loss) (947,713) 342,417 3,169,901 2,564,605 1,584,235 ' Retained Earnings/Fund Balances - , January 1(Dericit) (2,066,056) 1,551,213 18,323,807 17,808,964 16,224,729 Retained Earnings/Fund Balances - ' December 31 (Dericit) (3,013,769) 1,893 630 21,493,708 20,373,569 17,808,964 ' ' The accompanying notes are an integral part of these financial statements , AS ' ' Town of Vail, Colorado Combined S[atement of Cash Flows All Proprietary Fund Types ' For the Year Ended December 31. 1996 (With Comparative Totals for 1995) Proprietary ' Fund Types Total Enterprise lnternal Fund Service Funds 1996 1995 Cash Flows From Operating Activities: , Cash from customers 2,057,376 2.057,376 1.782.453 Cash from other funds 3,818.026 3.818,026 3.601,660 Other receipts of cash 136,389 136,389 135,770 Cash paid for goods and services (821,132) (2,548,128) (3,369,260) (2,907,360) , Cash to otherfunds (184,945) (184,945) Cash paid to employees (208,869) (881,990) (1,090,859) (1,565,513) Net Cash Provided by Operating Activities 1,027,375 339,352 1,366,727 1,047,010 ~ Cash Flows from Noncapital Financing Activities: Cash (to) other funds (185,000) (185,000) (281,425) ' Net Cash Flows (Used) by Noncapital Financing Activities (185,000) (185,000) (281,425) Cash Flows From Capital aad Related Financing Activities: Sale of fixed assets 10,000 85,349 95,349 30,645 ' Purchase of fixed assets (2,823) (586,850) (589,673) (268,147) Parking assessments 384,435 384,435 215,519 Debt service paid (746,774) (746 774) (531 737) 1 Net Cash ([Jsed) by Capital and Related Financing Activities _ (355,162) (501 501) (856 663) (553 720) Cash Flows From Investing Activities: Interest received 40,848 107,455 148,303 135,917 ' Net Cash Provided by Investing Activities 40,848 107,455 148,303 135,917 Net Increase in Cash 528,061 (54,694) 473,367 347,782 ' Cash at Beginning of Year 117,554 1,859,391 1,976,945 1,629,163 Cash at End of Year 645,615 1,804,697 2,450,312 1,976,945 ' Reconciliation of Operating Income to Net Cash Provided by Operating Activities: Operating Income (Loss) (87,272) (174 200) (261 472) (244 095) ' Adjustments: Depreciation 1,021,471 453,307 1,474,778 1,429,643 (Increase) decrease in accounts receivable (2,627) 110 (2,517) 2,767 ' (Decrease) in allowance for bad debts (4,167) (4,167) (1,182) Decrease in assessments receivable (119,921) (Increase) decrease in inventory (16,492) (16.492) 3,852 (Increase) decrease in prepaid expenses 32,610 (30,587) 2,023 (3,758) ~ Increase (decrease) in accounts payable 62,743 98,457 161,200 (25,249) (Decrease) in accrued wages and benefits 3,492 8,757 12,249 15,002 Increase (decrease) in deposits 1,125 1,125 (10,049) ' Total Adjustments 1,114,647 513,552 1,628,199 1,291,105 Net Cash Provided by Operating Activities _ 1.027,375 339,352 1,366,727 1,04 7 010 ' Schedule of Non-Cas6 Investing Activities Acquisition of equipment contributed by another fund 1,022,216 129,403 1 151 619 293,533 The accompanying notes are an integral pan of these financial statements. , A6 ' ' Town of Vail, Colorado ' Notes to Qhe Financial Statements , December 31,1996 1. Sumsnary of Significant Accounting Policies , The financial statements of the Town of Vail (the "Town") have been prepared in confomvty with , generally accepted accounting principles (GAAP) as applied to government units. The Govemmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the govenunenYs accounting policies are described below. ' A. Reporting Entity The Town was incorporated in 1972, under the provisions of Article XX of the Colorado ' ` Constitution and Municipal Home Rule Act of 1971. The Town operates under a Council-Manager form of government. As required by generally accepted accounting principles, the financial ' statements of the reporting entity include those of the Town (the primary govemment) and its component units. The component unit discussed below is included in the Town's reporting entity because of the significance of its operational or fmancial relationships with the Town. , Discretely Presented Component Unit The component unit column includes the financial data of the Town's component unit, the Eagle , County Recreational Authority. The financial data is reported in a sepazate colwnn to emphasize that it is legally separate from the Town. The governing body of the component unit is not appointed by ' the Town. The Eagle County Recreational Authority, (the "Authority") was formed on October 15, 1991 to , establish an independent govemmental entity to purchase, manage and develop a parcel of land located in Eagle County. The primary use of the land shall be for open space and recreation. The Authority was formed by the following govemmental entities: ' Participation % Tovm of Vail 60.0% ' Town of Avon 6.0% Eagle County 11.0% Arrowhead Metropolitan District 5.0% ' Beaver Creek Metropolitan District 5.0% Berry Creek Metropolitan District 6.5% Eagle-Vail Metropolitan District 6.5% ~ Each participant of the Authority has appointed one voting member to the Authority's Boazd of Directors. All actions of the Board of Directors require majority approval by the Board of Directors ' representing twathirds (2/3) of the interest in the Authority. The Authority assesses each participant based upon its percentage for maintenance, operations and , capital costs based upon the Authority's annual budget. Any deficiency will be assessed to the participants based upon their respective participation percentage. ' BI , ' Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 (Continued) , Discretely Presented Component Unit (cont.) ' The Authority's primary transaction to date was to purchase a parcel of land from the Town for $2,555,000 and enter into an installment loan agreement with the Town for 40% of the purchase price. The loan is payable in semiannual installments with interest of 4.5% to 6.1 Annual total ' debt service requirements of the Authority approximate $90,000. If a pazticipant withdraws from the Authority, the member shall lose ali nght, title and interest in the Authority. All contributions made to the Authority shall remain with the Authority and will not be , refunded to the withdrawing participant. Any withdrawing participant's participation percentage not acquired by another participant will be acquired by the Town. ' Upon the sale of the above pazcel of land and any other property of the Authority, the net proceeds will be distributed to the participants based upon their respective participation percentage. ' The fmancial statements of the Authority can be obtained from the Town's administration offices. Other Entities ' The Town dces not exercise oversight responsibility over any other entiry, nor is the Town a component unit of any other governmental entity. ' B. Fund Accounting ' The govemment uses funds and account groups to report on its fmancial position and the results of its operations. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain govemment functions or activities. ' A fund is a separate accounting entity with a self-balancing set of accounts. An account group, on the other hand, is a fmancial reporting device designed to provide accountability for certain assets ' and liabilities that aze not recorded in the funds because they do not directly affect net expendable available fmancial resources. Funds aze classified into three categories: governmental, proprietary and fiduciary. Each category, in ' turn, is divided into separate "fund types." Governmental funds are used to account for all or most of a government's general activities, ' including the collection and disbursement of earmarked monies (special revenue funds), and the servicing of general long-term debt (debt service funds). ' The General Fund is used to account for all activities of the general government not .accounted for in some other fund. ~ Proprietary funds are used to account for activities similar to those found in the private sector, where the determination of net income is necessary or useful to sound financial administration. Goods or services from such activities can be provided either to outside parties (enterprise funds) or to other ' departments or agencies primarily within the government (internal service funds). , B2 Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 , (Continued) B. Fund Accounting (cont.) , Fiduciary fimds are used to account for assets held on behalf of outside parties. Whea these assets are held under the terms of a formal trust agreement, as a pension trust fund, a nonexpendable trust ' fund is used. The term "nonexpendable" refers to whether or not the goverament is under an obligation to maintain the trust principal. Agency funds generally are used to account for assets that the government holds on behalf of others as their agent. I Aceount Groups In addition to the three categories of funds, the Town also maintains two account groups as described ' below: (1.) General Fued Assets Account Group . ' This is not a fuad but rather an account group that is used to account for general fixed assets acquired principally for general purposes and excludes fixed assets in the proprietary funds. ' (2.) General Long-Term Debt Account Group Tlus is not a fund but rather an account group that is used to account for the outstanding principal ' balances of general obligation bonds and other long-term debt not reported in the proprietary funds. C. Basis of Accounting ' The accounting and financial reporting treatment applied to a fund is determined by its measurement , focus. All governmental fimds are accounted for using a current financial resources measurement focus. With this focus, only current assets and curreat liabilities generally are included on the balaaice sheet. Operating statements of these funds present increases (i.e., revenues and otlier ' financing sources) arid decreases (i.e., expenditures and other financing uses) in net current assets. All proprietary fimds, nonexpendable trust funds and pension trust fimds are accounted for on a flow ' of economic resource.s measurement focus. With this measurement focus, all assets and all liabilities associated with the operation of these funds aze included on the balance sheet. Fund equity (i.e., net total assets) is segregated into contributed capital and retained earning components. Proprietary ~ fund-type operating statements present increases (e.g., revenues) and decreases (e.g,, expeases) in net total assets. ' , , ' ' 133 ~ Town of Vail, Colorado ~ Notes to the Financial Statements December 31,1996 (Continued) ' C. Basis of Accounting (cont.) ' The modified accrual basis of accounting is used by all govemmental fund types, expendable trust funds and agency funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become both measurable and available). "Measurable" ' means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The government considers properly taxes as available if they are collected within 60 days after yeaz end. ' A one-year availability period is used for revenue recognition for all other governmental fund revenues. Expenditures aze recorded when the related fund liability is incurred. Principal and interest on general long-term debt are recorded as fund liabilities when due or when amounts have ' been accumulated in the debt service fund for payments to be made early in the following year. Those revenues susceptible to accrual are property taxes, franchise taxes, special assessments, , licenses, interest revenue and chazges for services. Sales taxes are collected by the Town and are recognized as revenue when collected by the vendors. Fines and permits revenues aze not susceptible to accrual because generally they are not measurable until received in cash. ' The accrual basis of accounting is utilized by proprietary fund types and nonexpendable trust funds. Under this method, revenues are recorded when earned and expenses are recorded at the time liabilities aze incurred. ' D. Deferred Revenue ' The government reports deferred revenue on its combined balance sheet. Defened revenues arise when a potential revenue dces not meet both the "measurable" and "available" criteria for recognition in the current period. In subsequent periods, when both revenue recognition criteria are met, or when ' the government has a legal claim to the resources, the liability for deferred revenue is removed from the combined balance sheet and revenue is recognized. ' E. Encumbrances Encumbrance accounting, under which purchase orders, contracts, and other commitments for the ' expenditure of monies aze recorded in order to reserve that portion of the applicable appropriation, is not employed by the Town because it is considered unnecessary to assure effective budgetary control or to facilitate effective cash planning and control. ~ F. Equity in Pooled Cash and Investments Cash and investments includes amounts in demand deposits as well as investrnents. ' Investrnents are stated at cost or amortized cost, excePt for investments in the Pension Trust Fund , which are reported at mazket value. ' ' ' B4 ' Town of Vail, Colorado Notes to the Financiai Statements ~ December 31,1996 (Continued) G. Inventory ' Inventory is valued at lower of cost or market using the first-in, first-out method. Inventory in the ' Internal Service Fund - Heavy Equipment Fund consists of expendable supplies held for consumption. H. Prepaid Items ' Payments made to vendors for services that will benefit periods beyond December 31, 1996, aze recorded as prepaid items. ' 1. Restricted Assets Certain roceeds of bond issues as well as certain resources set aside for ir r ~ p , the epayment, are classified as restricted assets on the balance sheet because their use is limited by the applicable bond - covenants. ' J. Fized Assets General fixed assets aze not capitalized in the funds used to acquire or construct them. Instead, ' capital acquisition and construction are reflected as expenditures in governmental funds, and the related assets aze reported in the General Fixed Assets Account Group. All purchased fixed assets , are valued at cost where historical records are availabte and at an estimated historical cost where no historical records exist. Donated fuced assets aze valued at their estimated fair mazket value on the date received. ' The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized in the governmental funds. Improvements in the proprietary ' funds are capitalized and depreciated over the remaining useful lives of the related fixed assets, as applicable. Public domain ("infrastructure") general fixed assets consisting of roads, bridges, curbs and gutters, ' streets and sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the government. ' Assets in the General Fixed Assets Account Group are not depreciated. Depreciation of buildings, equipment and vehicles in the proprietary fund types is computed using the straight-line method. ~ K. Use of Estimates The preparation of financial statements to conformity with generally accepted accounting principles ' requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amount of revenues and expenses during the reporting period. Actual results could , differ from those estimates. ' BS ' ' Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 (Continued) ' L. Proprietary Funds ' As required by GASB 20, the Town has elected to follow for its proprietary funds, all (1) GASB pronouncements and (2) FASB Statements and Interpretations, APB Opinions, and Accounting Research Bulletins (ARBs) issued on or before November 30, 1989, except those that conflict with a ' GASB pronouncement. M. Interfund Transactions ' Quasi-extemal transactions are accounted for as revenues, expenditures or expenses. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund, are recorded as expenditures/expenses in the reimbursing fund ' and as reductions of expenditures/expenses in the fund that is reimbursed. All other interfund transactions, except quasi-external transactions and reimbursements, are reported ' as transfers. Nonrecurring or nonroutine permanent transfers of equity are reported as residual equity transfers. All other interfund transfers are reported as operating transfers. ' N. Compensated Absences Vested or accumulated vacation leave that is expected to be liquidated with expendable available ' fmancial resources is reported as an expenditure and a fund liability of the governmental fund that will pay it. Vacation pay is accrued in proprietary funds and reported as a fund liability. Amounts of vested or accumulated vacation leave that are not expected to be liquidated with expendable available ' fmancial resources are reported in the General Long-Term Debt Account Group. No expenditure is reported for these amounts. No liability is recorded for nonvesting accumulating rights to receive sick pay benefits. ' O. Long-Term Obligations ' Long-term debt is recognized as a liability of a governmental fund when due, or when resources have been accumulated in the debt service funds for payment eazly in the following year. For other long- term obligations, only that portion expected to be financed from expendable available financial resources is reported as a fund liability of a governmental fund. The remaining portion of such ~ obligations is reported in the General Long-Term Debt Account Group. Long-term liabilities expected to be financed from proprietary fund operations are accounted for in those funds. ' P. Fund Equity Contributed capital is recorded in proprietary funds that have received capital grants or contributions ' from developers, customers or other funds. Reserves represent those portions of fund equity not appropriable for expenditwe or legally segregated for a specific future use. ' Designated fund balances represent tentative plans for future use of financial resources. ' ' 136 ' Town of Vail, Colorado Notes to the Financial Statements , IDecember 31,1996 (Continued) Q. Memorandum Only - Total Columns , Total columns on the general-purpose fmancial statements are captioned "memorandum only" to , indicate that they are presented only to facilitate fmancial analysis. Data in these columns do not present fmancial position, results of operations or changes in fmancial position in confornuty with generally accepted accounting principles. Neither are such data comparable to a consolidation. , Interfund eliminations have not been made in the aggregation of this data. R. Comparative Data Comparative total data for the prior yeaz have been presented in the accompanying financial ' statements in order to provide an understanding of changes in the government's fmancial positions and operations. However, comparative data have not been presented in all statemenLq because their ~ inclusion would make certain statements unduly complex and difficult to understand. S. Deferred Property Taaes ' All property taxes become due and payable in the yeaz following that in which they are levied, at which time they are recognized as revenues. Property taxes aze recorded as receivable and deferred , revenue in the yeaz they are levied. T. Budgets and Budgetary Accounting ~ An annual budget and appropriation ordinance is adopted by the Town Council in accordance with the Town's Home Rule Charter. ' Budgets are prepared on the basis of generally accepted accounting principles (GAAP) for all funds except the Inteinal Service Funds - Heavy Equipment Fund, the Enterprise Fund - Parking Structure ' Fund, and the Special Revenue Funds - Capital Projects Fund and Real Estate Transfer Tax Fund. The budgets for these funds have been adopted on a Non-GAAP budget basis and are reconciled to the GAAP basis below. , . ~ , ' ' ' B7 , ~ Town of Vail, Colorado t Notes to the Financial Statements December 31,1996 (Continued) ' T. Budgets and Budgetary Accounting (cont.) ' The level of control in the budget at which expenditures exceed appropriations is at the fund level. All appropriations lapse at yeaz end. ' Intemal Service Funds Enterprise Fund Heavy Facilities Parkuig Equipment Maintenance Structure ' Reconciliation to GAAP Basis: Fund Fund Fund . (Net Income (L,oss) as of December 31, 1996) ' Net income (loss) (budgetary basis) ($138,566) 17,107 468,600 Less: Long-term special assessment fees (417,046) ~ Depreciation (418 557) (34,750) (1,021,471) Accrued vacation (2,173) 54 (1,105) ' Add: capital ouday 535,691 11,159 2,824 Book value of retired equipment 363,814 20,485 ~ Net income (loss) (GAAP basis) $340,209 (6,430) (947,713) Special Revenue Funds ' Real Estate Capital Projects Transfer Fund Taac Fund ~ Reconciliarion to GAAP Basis: Revenue over (under) expenditures -budgetary basis ($694,420) (133,796) ' Alpine Gardens Pledge 10,000 Principal on advance between Capital Projects Fund and Real Estate Transfer Tax Fund (523,431) 523,431 ' Revenue over (under) expenditures -(GAAP basis) ($1,2179851) 399,635 ' U. Cash and Cash Equivalents The proprietary fund cash and cash equivalents are deemed to consist of cash in banks. The Town ' has a policy of central cash management for all funds except the Employee's Pension Trust Fund, the Deferred Compensation Plan, and the Debt Service Fund. ' 1 ' B8 ~ Town of Vail, Colorado Notes to the Financial Statements ' December 31,1996 (Continued) V. Investment Risk ' The Town's investments, with the exception of the Town of Vail Employee's Pension Trust Fund and ' the Deferred Compensation Plan investments, aze invested primarily in govemment obligations. The Pension Trust Fund and Deferred Compensation Plan investments are held in U.S. govemment obligations, commercial stocks and bonds, limited partnerships (the limited partnerships may invest ' in derivatives), mutual funds and other investments as approved by the Pension Fund Retirement Boards. The value of the investments fluctuate as market conditions change. GASB Technical Bulletin No. 94-1 defines derivatives as "contracts whose value depends on, or ~ derives from, the value of an underlying asset, reference rate, or index." At December 31, 1996, the Town held the following investments in its investment pool that may be considered derivatives under this definition: , % of Book Market Investment ~ Value Value Pool Government National Mortgage ' Association (GNMA) Pools $55,865 56,976 0.4% Small Business Association (SBA) Pools $507,357 507,357 4.0% ' Adjustable Rate Mortgages (ARM) $618,275 618,275 5.0% The Town recognizes that investment risks can result from credit risk, market risk, and legal risk. ' The Town seeks to minimize these risks by investing in GNMA pools, seasoned SBA pools and ARMs that are backed by the U.S. Government. The Town's intent in investing in these instruments is to achieve long-term rates of return with the ~ decreased volatility of fixed rate, short-term instruments. W. Credit Risk ' The receivables of the various funds of the Town are primarily due from other governments and the ' Town's component unit. Management believes that the credit risk related to the receivables is minimal. X. Segment Information ' Segment reporting requirements are met by these financial statements as the Town has one Enterprise Fund. , ' , B9 , 1 Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 (Continued) , 2. Budgets ' The Town followed these procedures in establishing the budgetary data reflected in the financial statements. ' (1) For the 1996 budget prior to August 25, the County Assessor sent to the Town a certified assessed valuation of all taxable property within the Town's boundaries. ~ (2) Prior to the end of the fiscal year, the Town Manager submitted to the Town Council a budget and accompanying message. (3) For the 1996 budget, prior to December 15, 1995, the Town computed and certified to the ' County Commissioners a rate of levy that derived the necessary property taxes as computed in the proposed budget. , (4) After a required publication of "Notice of Proposed Budget", the Town adopted the proposed budget and an appropriating resolution which legally appropriates expenditures for the upcoming yeaz. ,(5) After adoption of the budget resolution, the Town may make the following changes: (a) supplemental appropriations to the extent of revenues in excess of those estimated in the ' budget; (b) emergency appropriations; and (c) reduction of appropriations for which originally estimated revenues are insufficient. ' Taxes levied in one year are collected in the succeeding year. Thus taxes certified in 1995 were collected in 1996 and taxes certified in 1996 will be collected in 1997. Taxes are due on January lst in the yeaz of collection; however, they may be paid in either one installment (no later than April , 30th) or two equal installments (not later than February 28th and June ISth) without interest or penalty. Taxes which are not paid within the prescribed time bear interest at the rate of one percent (11/o) per month until paid. Unpaid amounts and the accnied interest thereon become delinquent on , June 17th. 3. Detailed Notes on All Funds and Account Groups , Cash and Investments A. Authorization for Deposits and Investments ' Pursuant to its charter, the Town has adopted, by ordinance, an investment PolicY governing the types of institutions and investments with which it may deposit funds and transact business. Under ~ this policy, the Town may invest in federally insured banks, debt obligations of the U.S. Government, its agencies and instrumentalities, govemmental mutual funds and pools, and repurchase agreements subject to policy requirements. ~ The Town also accounts for the operations of the employees' pension plans which are administered by select employees acting as trustees who are governed by a trust agreement. The trust agreement ' gives the trustees considerable latitude with investment alternatives. As a result, all pension investments are considered legal under the trust agreement. ' B10 ' ` Town of Vail, Colorado Notes to the Financial Statements ~ December 31,1996 (Continued) ' B. Deposits and Investments The Town maintains a cash and investment pool in which all funds participate except the Deferred ' Compensation Plan. Each fund's position in this pool is displayed on the combined balance sheet as "Equity in Pooled Cash and Investments." In addition, several of the Town's funds may include ' investments held sepazately that ue restricted for various purposes. 1. Deposits ~ The Colorado Public Deposit Protection Act (PDPA) requires that all units of local government deposit cash in eligible public depositories; eligibility is deternuned by state regulators. Amounts on deposit in excess of federal inswance levels must be collateralized. , The eligible collateral is determined by the PDPA. PDPA allows the institution to create a single collateral pool for all public funds. The pool is to be maintained by another institution or held in trust for all the uninsured public deposits as a group. The mazket value of the ' collateral must be at least equal to 102% of the uninsured deposits. The amount of total bank balance classified in these three categories of credit risk are: (1) Insured or collateraliz,ed with securities held by the entity or by its agent or by its agent in the entity's name ~ (2) Collateralized with securities held by the pledging financial institution's trust department or agent in the entity's name (3) Uncollateralized. (This includes any bank balance that is collateralized with , securities held by the pledging fmancial institution, or by its trust department of agent but not in the entiry's name.) At December 31, 1996, the Town's cash deposits were entirely insured or collateralized with ' securities held by the entity's agent as described above. The cazrying value of the Town's deposits was $3,167,422 and the bank balance was $3,577,909, of which $199,000 was ' covered by FDIC insurance and $3,378,909 (Category #2) was collateralized in institution pools as described above. During 1996, the Town had invested up to $1,531,074 in the Colorado Government Liyuid ' Asset Trust (COLOTRUST), an investment vehicle established for local government entities in Colorado to pool surplus funds. These funds operate similarly to a money market fund and each share is equal in value to $1.00. Investments of these funds consist of U.S. , Treasury bills, notes and note strips and repurchase agreements collateralized by U.S. Treasury securities. A designated custodial bank provides safekeeping and depository services in connection with the direct investment withdrawal functions. ' ~ , B11 ' ' Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 (Continued) ' 2. Investments ' The Govemmental Accounting Standards Board has deternuned three levels of credit risk that apply to the Town's investments: (1) Insured or registered, with securities held by the Town, Employee's Pension Trust 1 Fund or its agent in the Town's or Employees' Pension Trust Fund's name. (2) Uninsured or unregistered, with securities held by the counterparty's trust department or agent in the Town's or Employee's Pension Trust Fund's name. ' (3) Uninsured or unregistered, with securities held by the counterparty, or by its trust department or agent but not in the Town's or Employee's Pension Trust Fund's name. ' The following is a summary of the Town's investments at amortized cost and mazket which approximates cost, categorized into the aforementioned levels of risk at December 31, 1996. , Investments in money mazket mutual funds are not categorized as described above since such investments are not evidenced by specific securities that exist in physical or book form. , CategorY_ Carrying Total 1 2 Value Market ' U.S. Govemment Securities 10_158_265 .~Q~3 Q_923_733 During the yeaz, the Town invested in certificates of deposit, one mutual fund invested in ' government backed mortgages, Treasury bills and notes, govemment agency securities, COLOTRUST, GNMAs, ARM pools, SBA pools, and money market accounts. , The Town's and Employee's Pension Trust Funds' total cash deposits and investments at December 31, 1996 aze as follows: ' Enipioyce•S Pe?uion Deferred Total All Other Trust Fund Compensation Total Primary Compo?ent RepoRing Funds at Cost at Market Plan Government Unit Entity Cash/savinBS accounts $ 22,682 22,682 35,624 58,306 , MoneY market/checking ecxts 3,019,152 3,019,152 3,019,152 CeRificates of Deposit 198,000 198,000 198,000 U.S. Govemmeirt obligations 10,214,130 1,436,929 11,651,059 11,651,059 & bonds 8,885,352 8,885,352 8,883,352 ~ Money market mutual funds 1,451,262 1,451,262 1,451,262 Lknited Partn-shiPS 9,299,059 9,299,059 9,299,059 Deferred Compensation plan 1.986.433 1.986,435 1.986.433 ~ T°tat S 1242,264 Q~ 1~ 3 !1 W24 ~5 S4L The Town's investments in the Deferred Compensatian Plan and the Pension Plan aze held by the Trustees, and are not categorized because they are not evidenced by specific securities ' that exist in physical or book fonn. The investments in the Deferred Compensation Plan and Pension Plan aze recorded at market value. , , B12 Town of Vail,Colorado ' Notes to the Financial Statements ' December 31,1996 (Continued) 2. Investments (cont.) ' Financial statement captions: Primary Component Reporting ' Government Unit Entity ' Cash $22,682 35,624 .581306 , Equity in pooled cash and investments . 13,144,930 13,144,930 Employees' Retirement Plan ' investments 23,059,037 23,059,037 Cash and investments - 286,352 286,352 restricted , Total S36_513_001 3_6 4 36 54R 6 5 4. Receivable from the Eagle County Btecreation Authority - a Component Unit of the Town ' The following is a schedule of the receivable and the interest due in future years: Year Ended December 31 Interest Principal Total ' 1997 $54,574 36,000 90,574 1998 52,594 38,000 90,594 ~ . 1999 50,428 40,000 90,428 2000 48,108 44,000 92,108 2001 45,512 46,000 91,512 ' 2002-2011 260,564 664,000 924,564 Total %511790 868_000 1379_780 5. Fiaed Assets ' - A. The following is a summary of changes in the Town's General Fixed Asset Account Group , during the fiscal year: January 1, December 31, ' 1996 Additions Retirements 1996 Land $17,662,513 190,165 17,852,678 ~ Buildings 14,890,437 393,150 14,497,287 Improvements other than buildings 511,167 9,238 7,571 512,834 ~ Machinery and equipment 10,101,608 2,550,449 486,015 12,166,042 Total !943_ 165_725 2749_852 RR6 736 45_02R_841 ' . ' B13 ' ' Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 (Continued) , 5. Fiaed Assets (cont.) ' B. The following is a summary of proprietary fund type fixed assets at December 31, 1996. Internal Sernce Funds Enterprise ' Fund Heavy Facilities Equipment Maintenance Parking Fund Fund Structure Fund ' Buildings $1,461,408 94,510 23,380,767 Improvements other than buildings 706,636 50,187 1,189,877 Equipment 3,204,211 264,870 555,723 ' Subtotal 5,372,255 409,567 25,126,367 Less accumulated depreciation (3,158,213) (166,435) (13,984,783) ' Total %2 214 042 43 13 _ 11 141 5R4 Depreciation in the proprietary fund is recorded using the following estimated usefiil lives: , Vehicles 5 - 7 yeazs Equipment 5 - 10 yeazs Buildings 25 -30 years ' The Internal Service Fund - Heavy Equipment fund has $661,897 of fully depreciated assets in use at ' December 31, 1996 and the Facilities Maintenance Fund has $53,685. The Enterprise Fund - , Parking Structure Fund has $10,034 of fully depreciated assets in use at December 31, 1996. C. The following is a schedule of the Eagle County Recreation Authority's General Fixed ' Assets Account Group for the year ended December 31, 1996. There were no changes in the General Fixed Assets Account Group for the year ended December 31,.1996. ' Land $2,556,400 Mobile homes 52.473 . Total $2_608_873 ' 6. Operating Leases ~ The Town is committed under various leases for building and office space and equipment. These leases are considered for accounting purposes to be operating leases, and therefore, the liability and the related assets have not been recorded in these financial statements. ' 7. Capital Leases General Long-Term Debt Leases ~ The Town has entered into the followin lease urchase agreements to acquir g P e faciliries and equipment. The leases are all annually cancelable and the following leases have been capitalized. ' ' B14 ' Town of Vail, Colorado Notes to the Financial Statements ' December 31,1996 (Continued) 7. Capital Leases (cont.) , I.ease Description: , Total Lease Tr tion storage facility, • the 1ease runs thr ~ ansporta ough August 1, 1997, with payments to be made semi-annually $166,900 , Copy machine; the lease nms through 1998, with payments of $1,004 to be made monthly 24,247 Copy machine; the lease nuis through 1997, with payments of ' $70 to be made monthly 1,302 Fax machine; the lease runs through 1998, with payments of $96 to be made monthly 1,350 , Copy machine; the lease runs through 1998, with payments of $413 to be made monthly 6,608 Fax machine; the lease runs through 1998, with payments of ~ $83 to be made monthly 1,825 Copy machine; the lease runs through 2001, with payments of $192 to be made monthly 9,796 ' Total minimum lease payments =2028 Yeaz ending December 31, 1997 $186,242 , 1998 20,600 1999 2,305 , 2000 . 2,305 2001 576 Total minimum lease payments 212,028 ' Less: amount of interest (20,502) Present value of minimum lease payments Jl91 _526 8. Long-Term Debt ' A. 1992A General Obligation Refunding Bonds The Town issued $7,500,000 of inswed General Obligation Refunding Bonds dated October 1, 1992. The bond proceeds were used to refund the 1985 bonds that were subject to redemption at the Town's option in 1996. ' The interest rate on the bonds is between 3.00% to 6.00% and is payable on June 1 and December 1, ~ through December 2005. The bonds are general obligation of the Town, payable from ad valorem property taxes to be levied without limitation as to rate or amount against all taxable property in the Town. ~ B15 ' ' Town of Vail, Colorado , Notes to the Financial Statements December 31,1996 (Continued) ' A. 1992A General Obligation Refunding Bonds (cont.) , Bonds maturing on June 1, 2005 aze subject to redemption prior to maturity at anytime on and after December 1, 2002 and through November 30, 2003 at a redemption price of 101 % of par. Bonds maturing after December 1, 2003 may be redeemed at paz. The bonds maturing on December 1, ' 2005 aze subject to mandatory sinking fund redemption at a price equal to the principal amount plus accrued interest to the redemption date. ' Annual debt service requirements to maturity for the bonds, including interest of $2,437,000 is as follows: ' 1'ear Total 1997 $502,100 ' 1998 797,300 1999 876,900 2000 1,150,400 ' 2001 1,306,400 Thereafter 4,803,900 ' Total S9_437_000 B. 1992B Sales Taz Revenue Refunding and Improvement Bonds ' The Town issued $15,165,000 of insured Sales Tax Revenue Refunding and Improvement Bonds dated October 1, 1992. The bonds were used for capital projects of $5,700,000, and to refund all of the outstanding 1989 Sales Tax Revenue Bonds. ' The interest rate on the bonds is between 3.00% and 6.125% and is ayable on June 1 p and December 1, through December 1, 2012. ' The bonds aze special limited obligations of the Town payable solely from the Town's existing 4% sales tax and net revenues generated by the Town's parl:ing facilities. The bonds constitute an ' urevocable lien upon the pledged revenues, in part on a basis subordinated to other obligations of the Town. As to the one-half of the sales tax revenues, the bonds constitute a first and prior lien on a parity with the Town's Sales Tax Revenue Bonds, Series 1991. ' Bonds maturing on or before June 1, 2002 are not subject to prior redemption. Bonds maturing on June 1, 2005 and December 1, 2012 shall be subject to prior redemption at the option of the Town. ' The bonds maturing after June 1, 2002 may be redeemed at 101% from December 1, 2002 through May 31, 2003 and at paz thereafter. ' The bonds maturing on June 1, 2005 and December 1, 2012 are subject to mandatory single fund redemption at a price equal to the principal amount thereof plus accrued interest to the redemption date. 1 ' B16 ' Town of Vail, Colorado Notes to the Financial Statements ' December 31,1996 (Continued) B. 1992B Sales Taa Revenue Refunding and Improvement Bonds (cont.) , Annual debt service requirements to maturity for the bonds, including interest of $6,373,294 is as , follows: Yeaz Total . . , 1997 $1,304,910 1998 1,359,358 ' 1.999 1,437,582 2000 2,033,798 2001 1,882,746 ' - Thereafter 12,769,900 Total S20 7RR294 ' C. 1991 Sales Taa Revenue Bonds In 1991 the Town issued $2,555,000 (original principal amount) of Sales Tax Revenue Bond Series , 1991 dated December 23, 1991. The bonds are appreciated principal bonds with interest accruing over the term of the bonds until their redemption dates. The bonds were issued primarily to finance ' the acquisition of certain equipment and the construction of certain capital improvements. The interest rate on the bonds is between 4.50% and 6.50% and will be payable semi-annually on ' June lst and December lst and payable only upon maturiry, through December 1, 2011. Bonds maturing in the years 1992 through 2001 are not subject to redemption prior to their ' respective maturity dates. The bonds maturing on and after December 1, 2002 aze subject to redemption prior to their maturities, at the option of the Town. Bonds maturing in the years 2004, 2006, and 2011 also are subject to mandatory sinking fund redemption. The redemption price is ' equal to the principal amount plus accrued interest to the redemption date. Bonds subject to the sinking fund redemption shall be selected by lot determined by the registrar. , A portion of the bond proceeds were used to establish a reserve fund. Investment earnings are to ~ remain in the reserve fund until the amount in the fund equals the maximum annual debt service requirement. The balance in the reserve fund at December 31, 1996 was $286,352. The bonds are special limited obligations of the Town PaYable solelY from one-half of the revenue t generated by the Town's 4% sales tax and net revenue of the Town's pazking facilities. The lien of the bonds on all of the pledged revenues is an irrevocable lien and a second and subordinate lien to ' prior issues. The bonds are insured by an independent insurance company. ' , B17 ' , Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 (Continued) " 1 C. 1991 Sales Taa Revenue Bonds (cont.) Annual debt service requirements to maturity for the bonds, including interest of $1,279,450, is as ' follows: 1'ear Total 1 1997 $226,435 1998 226,485 ' 1999 226,070 2000 230,270 2001 228,780 ' Thereafter 2,311,410 Total S3_449_450 ~ D. Special Assessment Bonds , Bonds payable at December 31, 1996 are comprised of the following issues: Bonds Outstanding ~ 12/31/96 Booth Creek Local Improvement District: ~ $300,000, 1993 Special Assessment Bonds, dated . • Apri12, 1993, interest rate 7.25% payable semi-annually April 1 and October 1. ' The bonds aze payable solely from monies to be collected by the Town from a special assessment against assessable property in the District specifically benefited by the improvements. ' Redemption on the bonds is at the option of the Town. However, if on any interest payment date there euists in the Bond Proceeds Fund su~'icient funds derived from special assessments exceeding ' six months interest on the bonds outstanding, the Town is obligated to exercise its option to redeem bonds to the extent possible. 1 The Town is required to bill the owners who did not pay their assessments in full. Failure by an owner to pay the installment within 30 days causes the entire principal and interest to be immediately due and payable. ~ The Town is required to annually certify, not sooner than the first day of October in each yeaz, such delinquent assessments to the Treasurer of Eagle County, who is required to collect the delinquent assessments in the same manner as delinquent general taxes levied upon the property. 1 Because the bonds are to be aid comPletel from ass P y essments and the amount of principal redeemed per year varies, it is impractical to deternune the debt service to maturity on an annual basis. ' ' B18 ' Town of Vail, Colorado Notes to the Financial Statements ~ December 31,1996 (Continued) E. Pulis Note Payable ' The Town issued a promissory note in 1983 of $2,200,000 to fmance the purchase of open space ~ land for a municipal golf course. The note is payable in 15 equal annual installments of principal and accrued interest at 13% per annum. Payments are due annually on January 11. Annual debt service requirements to maturity for the note, including interest of $217,485, is as ~ follows: Year Total ' 1997 $340,432 1998 340,432 , 1999 340,434 Total S1 _021298 ~ F. Changes in General Long-Term Debt The following is a summary of debt transactions of the Town for the year ended December 31, 1996: ' Balance Balance ' 1/1/96 Additions Deletions 12/31/96 General Long-Term Debt: General Obligation Bonds: ~ 1982 Series A $7,000,000 7,000,000 Notes Payable: Public Golf Course/Pulis 1,012,606 208,793 803,813 ' Capitalized lease agreements 372,260 8,210 188,944 191,526 Vacation payable 431,939 32,730 464,669 Special Assessment Bonds: ' Booth Creek Local Improvement District Assessments Bonds 150,000 30,000 120,000 ' Sales Tax Revenue Bonds: Bond Series 1991 2,255,000 85,000 2,170,000 Bond Series 1992B 14,770,000 355,000 14,415,000 ~ Total S25 991 805 40 940 867_737 165 OOR G Authorized, Issued and Defeased Bonds ~ At December 31, 1996, there were no authorized but unissued debt. The amount of outstanding defeased bonds for all refunded Town of Vail issues at year end was $1,625,000. ' ~ B19 ~ , Town of Vail, Colorado , Notes to the Financial Statements December 31,1996 (Continued) , H Vacation and Sick Leave Pay Benefits ' The Town has a policy allowirig the accumulation of vacation and sick leave pay up to certain maximum limits. In accordance with generally accepted accounting principals for governmental accounting, the approximate vacation pay liability of $464,669 and $431,939 at December 31, 1996 1 and 1995 respectively, has been reflected in the attached fmancial statements as a portion of the General Long-Term Debt Group of Accounts. The accumulated sick pay of approximately $1,244,111 and $1,169,712 at December 31, 1996 and ' 1995 respectively, has not been reflected in the attached fmancial statements as the amount is partially insured by an independent insurance company and the amounts are not payable at termination.- ' I. Schedule of Debt Service to Maturity of the Eagle County Recreation Authority - a Component Unit of the Town , The following is a schedule of debt service to maturity of the long-term debt due to the Town which was outstanding at December 31, 1996: ' Year Ended December Interest Principal Total ~ 31 1997 $54,574 36,000 90,574 1998 52,594 38,000 90,594 1 1999 50,428 40,000 90,428 2000 48,108 44,000 92,108 2001 45,512 46,000 91,512 ' 2002-2011 260,564 664,000 924,564 Total ~ _JMQN_ 1 _379_7R0 ' Amount to be Provided for Payment of Long-Term Debt Amount Available: ' Available in Debt Service Fund $ p Amount provided from other sources 868.000 Total $868,000 ' J. Conduit Debt Obligations The Town issued $7,505,000 of single family revenue refunding bonds in 1992 to refund bonds originally issued in 1981 to provide fmancial assistance to a private-sector entity for the construction of a commercial housing project rt deemed to be in the public interest. (Pitkin Creek Park, located in ' East Vail). The bonds aze secured by the property financed and are payable solely from payments received on the underlying mortgage loans. Upon repayment of the bonds, ownership of the acquired facility transfers to the pnvate-sector entity served by the bond issuance. The Town is not obligated in any manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in , the accompanying financial statements. ' B20 . Town of Vaii, Colorado ' Notes to the Financial Statements December 31,1996 ~ (Continued) J. Conduit Debt Obiigation (cont.) ~ As of December 31, 1996, the aggregate principal amount payable was $3,005,000. 9. Pensioa Plans , The Town offers two defined contribution pension plans to cover all permanent paid employees of , the Town. In addition, employees of the Vail Recreation District participate and are subject to the saffie plan provisions. The plan covered approximately 661 employees in 1996. The Town established this qualified money purchase pension plan under IRS Code Section 401(a), and may , amend all of the plan provisions. The first plan covers all fiill time and qualified seasonal employees of the Town of Vail and the Vail Recreation Distnct; the second plan covers all full time and qualified seasonal employees of the Police and Fire Departments of the Town of Vail. The plan ' provisions are the same for both plans. In defined contribution plans, benefits depend solely on amounts contributed to the plans plus investment earnings. Employees are eligible to participate in the plans from the date of employment , or the effective date of the plans, January 1, 1983, whichever is later. The plans provide for contributions to be made by the Town of 12.6% of regular compensation for the first yeaz of employment and 17.6% thereafter. For. employees hired after April 1, 1986, the Town's. contribution ' is 11.15% of regular compensation for the first year, and 16.15% thereafter. Employees have the option to make voluntary contributions of 10% of their compensation. In the ' event of continued long-term disability of an employee, the Town's disability insurance will continue to make contributions for the employee through age 60 at the rate on the date of disability. For employees hired before July 1, 1986, vesting of the Town's contributions to the employees is , 77.5% after the fust yeaz of employment with an additional vesting of 7.5% per year through the fourth year, when vesting is 100%. For employees hired after June 30, 1986, vesting of the Town's ' contaibutions to the employees is 20% after the first year of employment with additional vesting of 20% per year through the fifth year, when vesting is 100%. If an employee dies, becomes disabled, or attains the age of 60, their entire interest in the plans becomes vested; and normal retirement age , is 60 with early retirement at age 50 and four years of service. In 1991, the Town established a defined contribution pension plan for seasonal employees who work for the Town longer than 6 weeks. Seasonal employees who work for the Town less than 6 weeks are , covered under Social Security only. Seasonal employees are required to contribute 6% of regular " compensation to the plan and the Town contributes 1.5%. Seasonal employees are 100% vested ~ after their first contribution. The annual pension cost is the Town's contributions less forfeitures from the prior yeaz. The plans' invested assets at December 31, 1996 of $21,072,602 are stated at market value. All earnings, ~ losses, expenses and changes in the fair market value of the trust fund will be apportioned at least annually among the participants in proponion to each participant's current share of the Trust Investment Fund. The Town has no liability for unfunded future vested employee benefits. , ~ B21 ' ' Town of Vail, Colorado ' Notes to the Financial Statements December 31,1996 (Continued) ' 9. Pension Plans (cont.) The trustees and administrators of the plans aze the Retirement Boards. The Retirement Boards ~ deternune how the plans' assets are to be invested in adherence to an adopted investment policy statement. , i The total amount of the employees current year covered payroll was $7,586,562, and the current year payroll for all employees was $8,552,556. ' The plan held investments with the following organizations that exceeded 5% of total plan net assets at December 31, 1996: ' Euro-partners $2,784,236 13% Jaguaz $3,985,000 18% AG Eleven Partners $2,438,504 11% ~ Brandywine Fund, Inc. $1,212,835 5% Dodge & Cox Stock Fund $1,374,813 6% . 1 10. Retirement Savings Plan - Deferred Compensation Plan - IRC 457 The Town offers its employees a defened compensation plan created in accordance with Internal ' Revenue Code Section 457. The plan, available to all Town employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. ' All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, property, or rights are to be held in trust for ~ the exclusive benefit of the plan participants and their beneficiaries. The accrued basis of accounting is used for the plan. Revenues are recognized when earned and ' expenditures aze recognized when incurred. Investments are recorded at mazket value. The trustees and administrators of the plan are the Retirement Boazds. The Retirement Boards ' determine how the plan's assets are to be invested in adherence to an adopted investment policy statement. , The Town has no liability for losses under the plan but dces have the duty of due care that would be required of an ordinary prudent investor. The total assets of the deferred compensation plan were $1,986,435 at December 31, 1996. The 1 assets were invested in pooled investment funds and an annuity. 11. Cafeteria Plan ' ' The Town offers a cafeteria compensation plan organized under IRS Section 125 that m ' cludes the following benefits: medical disability, accident and/or term life insurance, and health expense ' reimbursement. No cost to the Town is recognized as the plan is a salary reduction plan. ' B22 Town of Vail, Colorado ' Notes to the Financial Statements ' December 31,1996 (Continued) 12. Employee Health Insurance Fund ' The Town has established a"Shazed Fund - Minimum Premium" health insurance plan, to provide medical benefits to eligible employees. Premiums are determined at the beg'uzning of each plan year ~ and are charged to individual funds when paid. The Town has established a$758,815 reserve for future claims in the event that the claims exceed ~ the premiums chazged to other funds of the Town. The maximum liability in any policy year is the total of the premium and claims incurred charged. If , the total premiums and claims incurred in a policy year to the insurer aze in excess of claims paid, excluding a stop loss of claims over $50,000 per person, a refund is due to the Town. The plan establishes a maximum funding cost of $774,614 for the present number of Town employees for the ' 1996 policy period. 13. Risk Management ~ The Town is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; natural disasters; and worker's compensation for which the Town ' carries commercial insurance. The worker's compensation premiums are subject to adjustments based on audits of actual claims incurred. 14. Deficit Retained Earnings ~ The Enterprise Fund - Parking Structure Fund had a deficit retained earnings at December 31, 1996 of $3,013,769. , 15. Commitments and Contingencies A. Legal Claims ~ During the normal course of business, the Town incurs claims and other assertions against it from ~ various agencies and individuals. Management of the Town and their legal representatives feel none of these claims or assertions, except as noted in the preceding pazagraph, are significant enough that they would materially affect the fairness of the presentation of the financial statements at December ~ 31, 1996. B. Federal Funds ~ Funds received from Federal grants and progams aze subject to audit and disallowance on ineligible costs. Management of the Town feels any potential questioned or disallowed costs would not ' materially affect the fairness of the presentation of the financial statements at December 31, 1996. C. itesort Fees , The Town collects a resort fee from the operator of the ski lifts within the Vail Ski Area. The resort fees collected in the yeaz ended December 31, 1996 by the General Fund and the Special Revenue , Fund - Capital Projects Fund was approximately $1,024,537 in each fund. The resort fee collected is 4% of lift ticket sales. B23 , ' Town of Vail, Colorado ~ Notes to the Financial Statements December 31,1996 (Continued) , 16. TABOR Amendment - Revenue and Spending Limitation Amendment ' In November 1992, Colorado voters amended Article X of the Colorado Constitution by adding Section 20, commonly lrnown as the Taxpayer's Bill of Rights (TABOR). TABOR contains revenue, 1 spending, tax and debt limitations which apply to the State of Colorado and local governments. TABOR requires, with certain exceptions, advance voter approval for any new tax, tax rate increase, mill levy above that for the prior yeaz, extension of any expuing tax, or tax policy change directly causing a net tax revenue gain to any local government. , Except for refinancing bonded debt at a lower interest rate or addin new emPlo ees to existin g Y g pension plans, TABOR requires advance voter approval for the creation of any multiple-fiscal yeaz ~ debt or other fmancial obligation unless adequate present cash reserves are pledged irrevocably and held for payments in all future fiscal yeazs. I TABOR also requires local governments to establish emergency reserves to be used for declared emergencies only. Emergencies, as defined by TABOR, exclude economic conditions, revenue shortfalls, or salary or fringe benefit increases. These reserves are required to be 1% or more of 1 fiscal yeaz spending (excluding bonded debt service) for the fiscal yeaz ended December 31, 1994, " 2% or more for the fiscal year ended December 31, 1995 and 3% or more thereafter. The Town has reserved a portion of its December 31, 1996 year-end fund balance in the General Fund for ~ emergencies as requireci under Tabor in the amount of $773,000, which is the approximate required reserve at December 31, 1996. 1 The initial base for local government spending and revenue limits is December 31, 1992 fiscal yeaz spending. Future spending and revenue limits aze determined based on the prior year's fiscal year spending adjusted for inflation in the prior calendaz year plus annual local growth. Fiscal year ' spending is generally defined as expenditures and reserve increases with certain exceptions. Revenue, if any, in excess of the fiscal year spending limit must be refunded in the next fiscal year unless voters approve retention of such revenue. ' The Town's management believes it is in compliance with the financial provisions of TABOR. However, TABOR is complex and subject to interpretation. Many of its provisions, including the interpretation of how to calculate fiscal year spending limits, will require judicial interpretation. ' On November 16, 1993, voters of the Town a roved the collection and ex enditure PP p of all revenues generated including reduction in debt service during 1993 and each subsequent yeaz (not including ' revenue generated from ad valorem property taaces) without any increase in such tax rates and the expenditure of such revenues for debt service, municipal operations, and capital projects, effective January 1, 1993. The remaining restrictions of the TABOR Amendment apply, which are: 1 • Voter approval of all new taxes and tax rate increases; • Voter approval for new or additional Town of Vail debt; , • All ad valorem property tax restrictions remain in full force and effect; • No increase or imposition of a new real estate transfer taa; and, • All election requirements remain in effect. , ' B24 ' ~ ~ . ~ ~ Combining and Individual Fund And Account Group Statements , ~ , ~ The combining financial statements present a summary of the financial position of all funds of a given fund type and of the , operating results of the same funds. The individual fund and account group statements present information when only one , fund or account group exists. ~ ~ , ~ ~ ~ . ~ , , , , ~ r General Fund ~ 1 1 1 The general fund is used to account for resources traditionally associated with government which are not required legally or by sound financial management to be accounted for in another ' fund , 1 I 1 1 1 ~ Town of Vail, Colorado ' General Fund Statement of Revenues ' Budget (GAAP Basis) and Actual For the Year Ended December 31, 1996 (With Comparative Amounts for 1995) 1996 1995 ~ Variance ~ Amended Favorable Budget Actual (Unfavorable) Actual Taxes: General property taxes 1,822,409 1,801,523 (20,886) 1,645,372 ' Specific ownership taxes 119,736 123,803 4,067 117,451 General sales taxes 8,428,000 8,444,073 16,073 8,495,639 Resortfees 1,030,000 1,024,537 (5,463) 982,825 , Franchise taxes 526,200 530,692 4,492 521,239 Penalties and interest on delinquent taxes 9,000 3,804 (5,196) 4,008 Total 11,935,345 11,928 432 (6,913) 11,766,534 ~ Licenses and Permits: Contractors' licenses 37,200 29,342 (7,858) 38,798 Buildingpermits 281,252 332,165 50,913 240,963 ' Construction fees 447,248 531,479 84,231 372,359 Licenses and permits 26,160 28,338 2,178 29,806 Total 791,860 921,324 129,464 681,926 ~ Intergovernmental Revenues: Cigarette tax 131,000 125,646 (5,354) 131,173 Highway users tax 168,747 176,958 8,211 162,816 ~ Additional motor vehicle registration fees 25,000 26,968 1,968 25,824 , Federal grants 666 666 State health inspection 10,966 7,700 (3,266) 10,529 County road and bridge 525,635 489,800 (35,835) 504,979 , Transportation fees 87,700 94,254 6,554 49,624 County sales tax 210,000 227,724 17,724 210,347 Total 1,159,048 1,149,716 (9,332) 1,095,292 ~ iCharges For Services: Management fees - Vail Valley Marketing Board 17,500 17,017 (483) 17,474 I Dispatch fees 112,413 112,413 57,400 Othercharges 183,905 200,430 16,525 163,090 Total 313,818 329,860 16,042 237,964 , Other: Fines and forfeits 282,300 277,408 (4,892) 252,618 ~ Interest on investments 280,000 316,638 36,638 287,075 Operating transfer from Parking Structure Fund 203,348 Rents 131,733 143,706 11,973 131,432 ~ Capital leases 8,210 8,210 17,705 Other 190,515 145,212 (45,303) 109,589 Total Revenues 15,084,619 15,220,506 135,887 14,783,483 ' The accompanying notes are an integral part of these financial statements. , C1 , , Town of Vail, Colorado General Fund ' Statement of Expenditures Budget (GAAP Basis) and Actual For the Year Ended December 31, 1996 1 (With Comparative Amounts for 1995) ' 1996 1995 Variance ~ - Amended Favorable Budget Actual (Unfavorable) Actual ~ Expenditures: Town officials 920,034 825,847 94,187 719,208 Administrative 1,366,736 1,272,335 94,401 1,349,949 ' Community development 1,069,120 932,440 136,680 934,920 Public safety - police 3,147,789 3,028,216 119,573 3,076,570 Public safety - fire 1,191,402 1,151,947 39,455 1,140,365 ~ Public works 2,116,311 2,099,576 16,735 1,957,533 Public transportation 2,262,138 2,149,326 112,812 2,103,048 Public library 588,730 589,419 (689) 541,142 ~ Insurance 351,460 329,838 21,622 319,150 Contributions and special events 886,328 888,959 (2,631) 951,832 Employee benefits 219,120 222,267 (3,147) 16,178 ~ Facility maintenance 817,698 817,698 831,508 Operating transfer to Capital Projects Fund 750,000 750,000 31,826 Operating transfer to Vail Housing Fund 168,500 167,650 850 30,000 , Total Expenditures 15.855,366 15 225,518 629,848 14,003,229 ~ . ~ ~ The accompanying notes are an integral part of these financial statements. ~ C2 ' ' ' . ' . ~ ~ Special Revenue Fuzlds ' ~ Special Revenue Funds ar.e used to account for specific , revenues that are legally restricted to expenditure for a particular purpose. ~ . , The Capital Projects Fund is used to account for a portion of the Town's Sales Tax and ' Resort Fee which is restricted for the acquisk_=ans of and improvements to the Town's general fixed assets. , The Vail Housing Funci is used to account for the monies set aside for local housing in the Town of Vail. ~ The Real Estate Transfer Tax Fund is used to account for the collection of Real Estate Transfer Tax revenue which is specifically restricted for acquiring and improving real ~ property fmr recreation and open space purposes. The Police Confiscation Fund is used to account for proceeds from Federal, State, and local ' police seizures, which is specifically restricted for expenditures related to law enforcement. The Vail Marketing Fund is used to account for the collection of a business license fee ' which is specifically restricted for expenditures related to marketinr the town of Vail. , . , , ' Town of Vail, Colorado Special Revenue Funds Combining Balance Sheet ' December 31, 1996 (With Comparative Totals for 1995) ~ Police Total Capital Vail Real Estate Confs- Vail Projects Housing Transfer cation Marketing ~ Fund Fund Tax Fund Fund Fund 1996 1995 Assets Equity in pooled cash 1 and investments 5,280,816 1,009,852 1,992,458 15,839 40,213 8,339,178 7,197,435 Receivables: Taxes and fees 243,483 243,483 979,918 Other governments 120,000 7,274 127,274 415,493 ' Other 2,253 2,253 336.287 In[erfund receivables 523,431 Total Assets 5,644 299 1 009,852 1,992,458 23,113 42,466 8 712 188 9 452 564 ' Liabilities and Fund Equity Liabilities , Accounts payable 748,478 818 195,577 2,781 947,654 707,325 Retainage payable 307,288 55,228 362,516 172,959 Accrued wages and benefits 1,470 1,470 1,911 ' Interfund payables 523,431 Rental deposits 2,100 2,100 1,800 Deferred revenue 32,000 39,685 71,685 73,527 ' Total Liabilities 1,087,766 2,918 250,805 1,470 42,466 1,385,425 1,480,953 Fund Equity ' Fund balances: Unreserved: Designated for Alpine Gardens pledge 25,000 25,000 15,000 Designated for housing loan program 200,000 ' Designated for subsequent years' expenditures 2,907,794 1,006,934 8,002 3,922,730 4,693,705 Undesignated 1,648,739 1,716,653 13,641 3,379,033 3,062,906 ' Total Fund Equity 4,556,533 1,006,934 1,741,653 21,643 7,326,763 7,971,611 Total Liabilities ' and Fund Equity 5,644,299 1,009,852 1,992,458 23,113 42,466 8,712,188 9,452,564 ' 1 ~ ~ The accompanying notes are an integral part of these financial statements. C3 , Town of Vail, Colorado ' Combining Statement of Revenues, Expenditures and Changes in Fund Balances All Special Revenue Funds ' For the Year Ended December 31, 1996 (With Comparacive To[als for 1995) r Real Potice Vail Total Capital Vail Estate Cont'u- Valley ~ Projects Housing Transfer cation Marketing Fund Fund Tax Fund Fund Fund 1996 1995 Revenues: ' Taxes 6,571,568 2,128,411 8,699,979 7,514,285 Licenses 340,343 340,343 349,480 Intergovernmen[alrevenues 75,000 314,764 39,215 428,979 614,626 Rents 31,276 31,276 18,452 ~ Miscellaneousrevenues 25.810 240,954 4,480 271,244 1,300,059 Interest 316,257 49,817 110,781 1,662 478,517 558,517 Interest on advance receivable 48,758 48,758 90,202 Total Revenues 7,037,393 81,093 2,794,910 _ 45,357 340,343 10,299,096 10,445,621 , Expenditures: Operations 21,467 35,146 16,745 85,586 340,343 499,287 1,019,230 ~ Advance/notes payable: Principal retirement 208,793 208,793 184,773 Interest 180,397 180,397 245,861 Capital projects 8,492,263 1,489.340 9,981,603 7,903,546 ' Total Expenditures 8,513,730 35,146 1,895,275 85,586 340,343 10,870.080 9,353,410 Excess of Revenues Over (Under) Expenditures (1,476.337) 45,947 899,635 (40,229) (570,984) 1,092,211 , Other Financing Sources (Uses): Operating transfers in 1,435,000 167,650 1,602,650 139,903 Operating transfers (out) (1,176,514) (500,000) (1,676,514) (1,468,651) Total Other Financing Sources (Uses) 258,486 167,650 (500,000) (73 864) (1,328,748) ' Excess of Revenues Over (Under) Expenditures and Other Uses (1,217,851) 213,597 399,635 (40,229) (644,848) (236,537) Fund Balances - January 1 5,774,384 793,337 1,342,018 61,872 7,971,611 8,208,148 ~ Fund Balances, December 31 4,556,533 1,006,934 1,741,653 21,643 7,326,763 7,971.611 ~ , 1 , The accompanying notes are an integral part of these financial statements. , C4 ' i Town of Vail, Colorado Special Revenue Funds ~ Capital Projects Fund Schedule of Revenues, Expenditures, and Transfers Budget (Non-GAAP Basis) and Actual With a Reconciliation to GAAP Basis ~ For the Year Ended December 31, 1996 (With Comparative Amounts for 1995) ' 1996 1995 ~ Variance Amended Favorable Budget Actual (Unfavorable) Actual ' Revenues: Sales tax revenue 5,357,000 5,319,307 (37,693) 4,649,153 ' County sales tax 210,000 227,724 17,724 210,347 Resort fees 1,030,000 1,024,537 (5,463) 982,825 Interest on investments 250,000 316,257 66,257 393,490 ' State project grants 300,000 75,000 (225,000) 120,000 Federal bridge grant 40,000 Payment on advance to other fund 572,189 572,189 535,120 Shared project costs 25,000 13,710 (11,290) 871,815 , Sales of assets 12,000 12,000 Other 100 100 3,726 Operating transfers from: ' Real Estate Transfer Tax Fund 500,000 500,000 Parking Structure Fund 185,000 185,000 67,201 Facilities Maintenance Fund 10,876 , General Fund 750,000 750,000 31,826 Total Revenues 9.179,189 8,995,824 (183.36U 7,916,379 ' Expenditures and Transfers: Capital projects and acquisition 10,503,417 8,492,263 2,011,154 6,720,529 ' Project management 53,614 21,467 32,147 18,241 Operating Transfers: Town of Vaii Debt Service Fund 1,I76,5I4 1,176,514 1,468,651 , Total Expenditures and Transfers 11,733.545 9.690,244 2,043 301 8,207 421 , Excess (Deficiency) of Revenues Over Expenditures and Transfers - Non-GAAP Budget Basis (694,420) (291,042) ' Principal Payment on Advance (523,431) (444,918) Excess of Expenditures and Transfers Over Revenues ' and Other Uses - GAAP Basis (1,217,851) (735 960) , The accompanying notes are an integral part of these financial statements. CS ' i Capital Projects Fund Schedule of Project Expenditures ' Budget and Actual Comparison For the Year Ended December 31, 1996 Variance , Project Amended Favorable Number Proiect Name _ Budget Actual (Unfavorable) , 114 Golf Course Street Project 700,000 687,842 12,158 115 Matterhorn Street Project 30,000 28,320 1,680 ~ 116 Capital Street Maintenance 485,000 331,932 153,068 151 Ice Arena Pedestrian Path 452,000 483,381 (31,381) 153 Seibert Circle 4,640 (4,640) ~ 154 Vail Valley Drive 300,000 9,833 290,167 201 Street Light Projects 50,000 40,968 9,032 405 Pulis Bridge Widening 130,000 107,847 22,153 410 Covered Bridge Replacement 2,343 (2,343) ' 501 TOV Shop Maintenance and Improvements 3,115,670 2,697,209 418,461 510 Parking Structure Improvements 195,000 193,415 1,585 515 Municipal Annex remodel 23,940 24,097 (157) , 524 Bus Shelter Improvements 20,000 28,809 (8,809) 553 Drainage Improvements 205,500 147,594 57,906 556 East Lionshead Bus Stop 3,971 (3,971) , 558 Fire Department Exhaust System 17,051 17,051 706 Police Building 17,216 6,770 10,446 708 West Vail Development Plan 40,500 41,313 (813) , 712 West Vail Design Guidelines 25,000 7,286 17,714 811 Bus Terminal Remodel 1,100,000 1,020,387 79,613 908 Fire Truck Purchase 287,100 287,100 ' 910 Helipad Improvements 15,357 (15,357) 912 Bus Replacements 1,787,040 1,786,785 255 924 Computer Replacement Project 500,000 11,804 488,196 ' 943 Fiber Optic Connection 15,000 5,093 9,907 944 Roundabout Christmas Lights 20,000 13,543 6,457 945 Housing Grant 300,000 75,000 225,000 ~ 946 Copy Machine Purchase 9,485 9,485 983 Street Furniture Replacement 20,000 22,970 (2,970) 985 Heavy Equipment Vehicles 78,915 11,600 67,315 , 990 Main Vail Interchange Improvements 100,000 57,701 42,299 991 ADA Improvements 34,000 43,787 (9,787) 993 West Vail Interchange Improvements 140,000 265,920 (125,920) ' Other. Projects 305,000 1,110 303,890 Total 10,503,417 8,492,263 2 O11 154 ' ~ The accompanying notes are an integral part of these financial statements. ~ C6 ~ , Town of Vail, Colorado Special Revenue Funds ' Vail Housing Fund Statement of Revenues and Expenditures Budget (GAAP Basis) and Actual For the Year Ended December 31, 1996 ' (With Comparative Amounts for 1995) 1996 1995 ' Variance Amended Favorable Budget Actual (Unfavorable) Actual , Revenues: Operating transfer from ~ General Fund 158,500 167,650 9,150 30,000 Rent 28,728 31,276 2,548 18,452 Interest on investtnents 30,000 49,817 19,817 51,385 ~ Total Revenues 217,228 248 743 31,515 99,837 , Expenditures: Administration 32,900 16,593 16,307 2,637 ' Arosa Drive A-frame 5,000 4,437 563 2,105 Potato Patch condominium 11,300 14,116 (2,816) 152,766 ' Total Expenditures 49 200 35 146 14,054 157,508 1 , ~ ~ , ~ , , The accompanying notes are an integral part of these financial statements. C7 t Town of Vail, Colorado ~ Special Revenue Funds Real Estate Transfer Tax Fund , Schedule of Revenues and Expenditures and Transfer Budget (Non-GAAP Basis) and Actual With a Reconciliation to GAAP Basis ' For the Year Ended December 31, 1996 (With Comparative Amounts for 1995) 1996 1995 ' Variance ' Amended Favorable _ Budget Actual (Unfavorable) Actual Revenues: , Real estate transfer tax 1,700,000 2,128,411 428,411 1,671,960 Interest on investments 93,000 110,781 17,781 107,869 Recreation amenities fee 223,000 239,885 16,885 87,475 t State contracts 393,000 (393,000) 145,000 Counry contracts 200,000 200,000 Miscellaneous 1,069 1,069 1,135 ' Lottery revenue 14,025 20,731 6,706 20,008 Land lease from Vail Recreation District 94,579 94,033 (546) 90,853 ' Total Revenues 2.717.604 2,794,910 77.306 2,124,300 Expenditures and Transfers: ' Other 500 331 169 335 Project management 25,000 16,414 5,586 11,351 ' Capital projects 2,618,371 1,499,340 1,119,031 1,048,630 Notes Payable. Principal retirement 208,793 208,793 184,773 Interest 131,639 131,639 155,659 , Transfer to Capital Projects Fund 500,000 500,000 Advance payable to other fund: Principal 521,431 523,431 444,918 , Interest 48,758 48,758 90,202 Total Expenditures ~ and Transfer 4.056.492 2,928,706 1.127.786 1,935,868 Net Revenues over (under) Expenditures and Transfer - ~ Non-GAAP Budget Basis (133,796) 188,432 Alpine Garden pledge 10,000 10,000 Principal on advance 523,431 444,918 ~ Excess Revenues over Expenditures and Transfer - GAAP Basis 399.635 643.350 ' The accompanying notes are an integral part of these financial statements. C8 • ~ ~ ~ Town of Vail, Colorado Real Estate Transfer Tax Fund ' Schedule of Project Expenditures Budget and Actual Comparison For the Year Ended December 31, 1996 ~ Variance Project Amended Favorable , Number Project Name Budget Actual (LJnfavorable) 9020 Playground Safety 148,000 3,426 144,574 ~ 9022 Irrigation Cont~M 128,800 110,295 18,505 ~ 9024 Alpine Garden Pledge 10,000 10,000 9025 Aspen Lane Landscape Improvements 25,500 18,925 6,575 ' 9067 West Vail Bike Path 325,000 6,068 318,932 9068 Dowd Junction Bike Path 1,200,000 783,472 416,528 ' 9074 Land Purchases 247,000 222,721 24,279 ~ 9077 Trees for Vail 10,000 15,354 (5,354) 9079 Frontage Road Bike & Pedestrian Path 15,000 2,293 12,707 , 9081 Park Maintenance 157,232 137,408 19,824 ~ 9082 Path Maintenance 103,000 102,109 891 9088 Covered Bridge Park 2,351 2,802 (451) ' 9095 North/South Trails 61,050 52,693 8,357 9096 S. Frontage Road Path 1,654 (1,654) , 9099 Ford Park Master Plan 29,013 29,993 (980) ~ Other Projects 156,425 127 156,298 ' Total 2,618,371 1,499 340 1,119,031 ' ' The accompanying notes are an integral part of these financial statements. , C9 ' Town of Vail, Colorado r Special Revenue Funds Police Conf'iscation Fund ' Statement of Revenues and Expenditures Budget (GAAP Basis) and Actual For the Year Ended December 31, 1996 ~ (With Comparative Amounts for 1995) 1996 1995 ~ Variance ~ Favorable Budget Actual (Unfavorable) Actual ~ Revenues: Confiscation proceeds 10,000 11,813 1,813 37,500 r High Country Drug Grant 28,400 31,882 3,482 7,640 Other ' Interest on investments 3,700 1,662 (2,038) 5,773 Total Revenues 42,100 45,357 3,257 50 913 ' Expenditures: ' Operations 95,322 85,586 9,736 118,879 ~ Total Expenditures 95,322 85,586 9,736 118 879 i 1 ~ ! 1 i The accompanying notes are an integral part of these financial statements. C10 , ' , Town of Vail, Colorado Special Revenue Funds ' Vail Marketing Fund Statement of Revenues and Expenditures Budget (GAAP Basis) and Actual ' For the Year Ended December 31, 1996 (With Comparative Amounts for 1995) ' 1996 1995 ' Variance Amended Favorable Budget Actual (LJnfavorable) Actual ' Revenues: ' Business licenses 345,000 340,343 (4,657) 349,480 Contribution - Town of Vail 191,125 ' Contribution - Vail Associates, Inc. 104,666 Contribution - other 193,742 ' Total Revenues 345.000 340,343 (4,657) 839,013 ' Marketing Expenditures: ' Payments to VVTCB 327,500 323,326 4,174 839,829 Administration fee 17,500 17,017 483 17,474 ' Total Expenditures 345,000 340,343 4,657 857,303 ' ' ' , , The accompanying notes are an integral part of these financial statements. ' C11 ' 1 ' ' , ' Debt Service Funds 1 ~ The Debt Service Fund is used to account for the accumulation ' of resources and payment.of general obligation bond principal and interest from governmental resources and special assessment bond principal and interest from special assessment , levies when the governnaent is obligated in some manner for the payment. ' ' The Town mf Vail Debt Service Fund is used to accumulate the resources to pay general ' long-term obligations of the Town. The Booth Creek Improvement Debt Service Fund is used to account for the collection of , assessments to retire the Booth Creek Special Assessment Bonds. ' ' ' , . , , ' Town of Vail, Colorado Debt Service Funds , Combining Balance Sheet December 31, 1996 (With Compazative Totals for 1995) , Total ' Town Booth Creek of Bond Vail Fund 1996 1995 ' Assets ' Equity in pooled cash and investments 227,950 5,082 233,032 244,529 Cash and investments - restricted 286,352 286,352 288,584 ' Receivables: Interest 10,026 10,026 10,720 , Special assessments 91,908 91,908 111,477 ' Due from Eagle County Recreational Authority - Component Unit 868,000 868,000. 902,000 ' Total Assets 1.392,328 96.990 1,489 318 1,557,310 ' Liabilities and Fund Equity Liabilities ' Accounts payable 475 475 2,341 Deferred revenue _ 868,000 91,908 959,908 1,013,477 ' Total Liabilities 868,475 91,908 960,383 1,015,818 ' Fund Equity Fund balance : ' Reserved for retirement of bond indebtedness 523,853 5,082 528,935 541,492 ' Total Fund Equity 523,853 5,082 528,935 541,492 Total Liabilities and ' Fund Equity 1,392,328 96,990 1,489,318 1,557,310 , The accompanying notes are an integral part of these financial statements. , C12 ' Town of Vail, Colorado ' Debt Service Funds Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ' For the Year Ended December 31, 1996 (With Comparative Tocals for 1995) Total ' Town Booth of Creek , Vail Fund 1996 1995 Revenues: Assessments 19,569 19,569 29,058 , Received from Eagle Counry Recreational Authority - Componeni Unit 90,376 90,376 92,110 • Other 1,040 In[erest on investments and assessments 19,781 9,908 29,689 104,832 , Total Revenues 110,157 29,477 139,634 227,040 Expenditures: ~ Bond Issues: Principal 219,900 30,000 249,900 1,930,000 In[erest 865,841 10,331 876,172 886,147 Fiscal agent fees 4,941 400 5,341 8,976 Publication fees 2,392 2,392 ' Leases: Principal 170.000 170.00t' 160.000 Interest 24.900 24,90U 37125 , Total Expenditures 1,28'..974 40,731 1.328,705 3,022 248 Excess Revenues (LJnder) , Expenditures (1,177,817) (11,254) (1,189,071) (2,795,208) Other Financing Sources: Operating Transfers in: , Capital Projects Fund 1,176,514 1,176,514 1,468,651 Total Other Financing Sources 1,176,514 1,176,514 1,468 651 ' Excess Revenues (Under) Expenditures (1,303) (11,254) (12,557) (1,326,557) Beginning Fund Balances - January 1 525,156 16,336 541,492 1,868,049 , Ending Fund Balances - Decembe?• 31 523,853 5,082 528,935 541,492 ' , 1 ' The accompanying notes are an integral part of these financial statements. ' C13 , ' ' Town of Vail, Colorado Debt Service Fund ~ Town of Vail Statement of Revenues and Expenditures Budget (GAAP Basis) and Actual ' ' For the Year Ended December 31, 1996 (With Comparative Amounts for 1995) ' 1996 1995 Variance , Favorable Budget Actual (Unfavorable) Actual ' Revenues: Interest on investments 22,550 19,781 (2,769) 89,173 Received from Eagle Counry Recreational ~ Authoriry - Component Unit 90,376 90,376 92,110 Other 1,040 Operating Transfers: ' Capital Projects Fund 1,176,514 1,176,514 1,468,651 Total Revenues 1.289.440 1,286,671 (2,769) 1,650,974 ' Expenditures: Bond Issues: ' Principal 219,900 219,900 1,900,000 Interest 865,840 865,841 (1) 873,278 Fiscal agent fees 11,200 4,941 6,259 8,377 ' Publication fees 2,392 (2,392) Leases: Principal 170,000 170,000 160,000 ' Interest 24,900 24,900 37,125 Total Expenditures 1,291,840 1 287 974 3,866 2,978,780 ' 1 ' , ' The accompanying notes are an integral part of these financial statements. ' C14 ' Town of Vail, Colorado ' Debt Service Fund Booth Creek Local Improvement District Fund ~ Statement of Revenues and Expenditures Budget (GAAP Basis) and Actual For the Year Ended December 31, 1996 ' (With Comparative Amounts for 1995) 1996 1995 ' Variance ' Amended Favorable Budget Actual (Unfavorable Actual Revenues: , Assessments 31,475 19,569 (11,906) 29,058 Interest and penalty ~ on assessments 8,612 8,612 13,428 Interest on investments 220 1,296 1,076 2,231 ' Total Revenues 31.695 29.477 (2,218) 44,717 ' Expenditures: ' Principal 29,225 30,000 (775) 30,000 Interest 11,250 10,331 919 12,869 Fiscal agent fees 400 400 599 , Total Expenditures 40,875 40.731 144 43,468 . ' . , 1 1 ' , The accompanying notes are an integral part of these financial statements. C15 , ' ' ' ~ ' ' Enterprise Funds 1 1 ' Enterprise funds are used to account for operatioas that are financed and operated in a manner similar to private business ' enterprises - where the intent of the government's council is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered ' primarily through user charges; or where the government's council has decided that periodic determination of net income ' is appropriate for accountability purposes. ' The Parking Structure Fund is used to account for the operations of the Town's two ' parking structure facilities. 1 ' ' ' ' ' Town of Vail, Colorado ' Enterprise Fund Parking Structure Fund , Comparative Balance Sheet December 31, 1996 ' 1996 1995 , Assets ~ Cash on hand 2,600 2,750 Equity in pooled cash and investments 643,015 114,804 Accounts receivable, net 29,304 22,510 ' Assessments receivable 108,039 140,649 Property, plant and equipment (net of accumulated depreciation) 11,141,584 11,161,441 Total Assegs 11,924,542 11,442,154 ' Liabilities and Fund Equity , Liabilities ' Accounts payable 64,186 1,443 Deposits 9,655 8,530 Accrued wages & benefits 26,822 23,330 ' Total Liabilities 100,663 33,303 Fund Equity ' Contributed capital 14,837,648 13,474,907 Retained eamings: Unreserved (deficit) (3,013,769) (2,066,056) ' Total Fund Equity 11,823,879 11,408,851 ~ Total Liabilities and Fund Equity 11,924,542 11,442,154 1 , ~ ~ The accompanying notes are an integral paR of these financial statements. ' C16 ~ ' Town of Vail, Colorado Enterprise Fund ' Parking Structure Fund Comparative Statement of Revenues, Expenses, and Changes in Retained Earnings ' For the Year Ended December 31, 1996 ' ~ 1996 1995 Operating Revenues: Parking fee revenues 1,965,120 1,809,432 ~ Building rent 61,128 105,038 Insurance reimbursements 20 2,105 ' Total Operating Revenues 2,026,268 1,916,575 Operating Expenses: ~ Operations 1,092,069 1,124,823 Depreciation 1,021,471 1,007,168 ' Total Operating Expenses 2,113,540 2,131,991 Operating (Loss) (87,272) (215,416) ' Non-Operating Revenues (Expenses): ' Interest income 40,848 23,522 Operating transfers (out) (185,000) (270,549) Debt service on bonds (746,774) (531,737) ~ Gain on disposition of equipment 30,485 1,637 ' Total Non-Operating (Expenses) (860,441) (777,127) Net (Loss) (947,713) (992,543) ' Retained Earnings - January 1 (Deficit) (2,066,056) (1,073,513) ' Retained Earnings - December 31 (Deficit) (3,013,769) (2,066,056) ' 1 ' The accompanying notes are an integral part of these financial statements. C17 ~ Town of Vail, Colorado 1 Enterprise Fund Parking Structure Fund ~ Comparative Statement of Cash Flows For the Year Ended December 31, 1996 1996 1995 ' Cash Flows From Operating Activities: Cash from customers 2,057,376 1,782,453 , Other receipts of cash 2,105 Cash paid for goods and services (821,132) (863,533) Cash paid to employees (208,869) (262,187) Net Cash Provided by Operating Activities 1,027,375 658,838 , Cash Flows from Noncapital Financing Activities: Cash (to) other funds (185,000) (270,549) ~ Net Cash Flows (Used) by Noncapital Financing Activities (185.000) (270,549) Cash Flows From Capital and Related Finacuing Activities: ' Sale of fixed assets 10,000 Purchase of fixed assets (2,823) (584) Parking assessments 384,435 215,519 ~ Debt service (746,774) (531,737) Net Cash (Used) by Capital and Related Financing Activities (355,162) (316,802) Cash Flows from Investing Activities: , Interest received 40,848 23,523 Net Cash Provided by Investing Activities 40,848 23,523 ' Net Increase in Cash 528,061 95,010 Cash at Beginning of Year 117,554 22,544 , Cash at End of Year 645,615 117,554 Reconciliation of Operating Income to Net Cash ' Provided by Operating Activities Operating (Loss) (87,272) (215,416) Adjustments: ' Depreciation 1,021,471 1,007,168 (Increase) in accounts receivable (2,627) (2,047) ' lncrease (decrease) in allowance for bad debts (4,167) 787 (Increase) decrease in assessments receivable 32,610 (119,921) Decrease in prepaid expenses 25,787 Increase (decrease) in accounts payable 62,743 (19,816) Increase (decrease) in accrued wages and benefits 3,492 (7,655) , Increase (decrease) in deposits 1,125 (10,049) Total Adjustments 1,114,647 874,254 ' Net Cash Provided by Operating Activities 1,027,375 658,838 Schedule of Non-Cash Investing Activity: ' Acquisition of equipment contributed by anotherfund 1,022,216 5,881 The accompanying notes are an integral part of these financial statements. ' C18 t ' Town of Vail, Colorado Enterprise Fund ' Parking Structure Fund Schedule of Revenues and Expenses Budget (Non-GAAP Basis) and Actual With a Reconciliation to GAAP Basis ' For the Year Ended December 31, 1996 (With Comparative Amounts for 1995) , 1996 1995 Variance ' Amended Favorable Budget Actual (LTnfavorable) Actual Revenues: ' Parking fees 1,983,250 1,965,120 (18,130) 1,809,432 Building rent 85,396 61,128 (24,268) 99,344 Parking assessments 403,000 431,298 28,298 102,137 ~ Interest on investments 26,596 26,596 16,985 Sales of assets 10,000 10,000 Other 20 20 1,526 ` Total Revenues 2,471,646 2,494,162 22,516 2,029,424 ' Expenses: Gate operations 332,047 310,174 21,873 324,053 Maintenance operations 782,441 782,441 795,709 , Non-operating costs 1,875 Capital outlay 19,898 1,172 18,726 7,132 Debt service on bonds 746,775 746,775 531,737 1 Operating transfer to General Fund 203,348 Operating transfer to Capital Projects Fund 185,000 185,000 67,201 1 Total Expenses 2,066,161 2,025,562 40,599 1,931,055 Net Income Non-GAAP Basis 468,600 98,369 ' Book value of retired equipment 20,486 1,637 Long term special assessment fees (417,046) (95,598) Accrued vacation (1,105) 9,633 ~ Depreciation (1,021,471) (1,007,168) Assets purchased 2,823 584 ~ Net (Loss) GAAP Basis (947113) (992,543) , ~ The accompanying notes an integral part of these financial statements. ' C19 ' ' ' , - ' , Internal Service Funds 1 ~ Internal Service Funds are used to account for the financing of ~ goods or services provided by one department or agency to other departments or agencies of the government and to other government units, on a cost reunbursement basis. ' , The Heavy Equipment Fund is used to account for the repair and maintenance costs and ' purchase of Town vehicles and equipment, excluding buses and fire trucks. Operating costs, including depreciation costs, are charged to user departments and projects based on actual miles driven multipGed by a predetermined rate per mile. ~ The Health Insurance Fund is used to account for the health insurance plan provided by the Town to its employees. The premiums charged are allocated to the Town's funds that ~ have employees covered by the health insurance plan. , The Facility Maintenance Fund is used to account for the repairs and maintenance of all , Town-owned building facilities. User departments are charged based on budgeted estimates. ~ ' ~ . ' , ' Town of Vail, Colorado Internal Service Funds Combining Balance Sheet ~ December 31, 1996 (With Comparative To[als for 1995) 1 Total Heavy Health Facility Equipment Insurance Maintenance ~ Fund Fund Fund 1996 1995 Assets Equiry in pooled cash ' and investments 511,422 807,432 485,843 1,804,697 1,858,301 Cash and investments - restricted 1 ~ ' Accounts receivable, net 977 977 1,087 Inventory 157,799 157,799 141,307 Prepaid expenses 27,645 9,838 51,829 89,312 58,726 Property, plant and equipment ' (netof accumulated depreciation) 2,214,042 243,132 2,457,174 2,203,541 Total Assets 2,910,908 817,270 781,781 4,509,95 9 4 264 052 ' Liabilities and Fund Equity ' Liabilities Accounts payable 34,190 58,455 141,842 234,487 136,031 Accrued wages & benefits 45,269 35,589 80,858 72,101 , Total Liabilities 79,459 58,455 177,431 315,345 208,132 Fund Equity Contributed capital 2,054,843 246,141 2,300,984 2,504,707 ' Retained earnings: Reserved for health insurance 758,815 758,815 750,177 Unreserved 776,606 358,209 1,134,815 801,036 ' Total Fund Equity 2,831,449 758,815 604,350 4,194,614 4,055,920 ~ Total Liabilities and Fund Equity 2,910,908 817,270 781,781 4,509,959 4,264,052 ~ ' , , ~ The accompanying notes are an integral part of these financial statements. C20 , Town of Vail, Colorado t Internal Service Funds Combining Statement of Revenues, Expenses, ' and Changes in Retained Earnings For the Year Ended December 31, 1996 (With Comparative Totals for 1995) Total ' Heavy Health Facility Equipment Insurance Maintenance ~ Fund Fund Fund 1996 1995 Operating Revenues: Charges for services 1,424,898 890,698 1,600,139 3,915,735 3,691,860 , Building rents 11,520 11,520 10,920 Insurance reimbursements 16,350 16,350 26,971 Other 10,701 10,701 760 ' Total Operating Revenues 1,451,949 890,698 1,611,659 3,954,306 3,730,511 Operating Expenses: ' Operations 1,135,489 1,608,353 2,743,842 2,573,343 Depreciation 418,557 34,750 453,307 422,475 Health claims, premiums, and dividends 931,357 931,357 763,372 Total Operating Expenses 1,554,046 931,357 1,643,103 4,128,506 3,759,190 ~ Operating (Loss) (102,097) (40,659) (31,444) (174 200) (28,679) , Non-Operating Revenues (Expenses): Interest income 33,144 49,297 25,014 107,455 112,394 ' Operating transfers (out) (10,876) Gain on disposition of equipment 409,162 409,162 176,751 Total Non-Operating Revenues 442,306 49,297 25,014 516,617 278,269 ~ Net Income 340,209 8,638 (6,430) 342,417 249,590 ' Retained Earnings -January 1 436,397 750,177 364,639 1,551,213 1,301,623 ~ Retained Earnings - December 31 776,606 758,815 358,209 1,893,630 1,551,213 ~ ' ' ' The accompanying notes are an integral part of these financial statements. ~ C21 , ' Town of Vail, Colorado Intemal Service Funds ' Combining Statement of Cash Flows For the Year Ended December 31, 1996 (With Comparative Totals for 1995) , Heavy Health Facility Total Equipment Insurance Maintenance Fund Fund Fund 1996 1995 ' Cash Flows From Operating Activities: Cash from other funds 1,428,942 788,945 1,600,139 3,818.026 3,601,660 Other receipts of cash 23,252 101,753 11,384 136,389 133,665 ' Cash to other funds (184,945) (184,945) Cash paid for goods and services (713,588) (756,732) (1,077,808) (2,548,128) (2,043,827) Cash paid to employees (430,255) (451,735) (881,990) (1,303,326) Net Cash Provided by Operating Activities 308,351 (50,979) 81,980 339,352 388,172 , Cash Flows from Noncapital Financing Activities: Cash paid to other funds (10,876) ' Net Cash Flows Provided (L1sed) by Noncapital Financing Activities (10 876) Cash Flows From Capital and Related Financing Activities: ' Sale of fixed assets 85,349 85,349 30,645 Purchase of fixed assets (575,691) (11,159) (586,850) (267 563) Net Cash (Used) by Capital ' and Related Financing Activities (490,342) (11,159) (501 501) (236 918) Cash Flows from Investing Activities: Interest received 33,144 49,297 25,014 107,455 112,394 ' Net Cash Provided by Investing Activities 33,144 49,297 25,014 107,455 112,394 Net Increase (Decrease) in Cash (148,847) (1,682) 95,835 (54,694) 252,772 Cash at Beginning of Year 660,269 809,114 390,008 1,859,391 1,606,619 ' Cash at End of Year 511.422 807,432 485,843 1,804,697 1 859 391 ' Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities Operating Income (Loss) (102,097) (40,659) (31,444) (174 200) (28,679) ' Adjustments: Depreciation 418,557 34,750 453,307 422,475 (Increase) decrease in accounts receivable 246 (136) 110 4,814 ' (Decrease) in allowance for bad debts (Increase) decrease in inventory (16,492) (1,969) (16,492) 3,852 (Increase) decrease in prepaid expenses 477 (9,838) (21,226) (30,587) (29,545) Increase (decrease) in accounts payable 2,729 95,728 98,457 (5,433) Increase (decrease) in accrued wages and benefits 4,931 (482) 4,308 8,757 22,657 ' Total Adjustments 410,448 (10,320) 113,424 513,552 416,851 ' Net Cash Provided (Used) by Operating Activities _ 308.351 (50 979) 81,980 339,352 388 172 Schedule of Non-Cash Investing Activity: ' Acquisition of equipment contributed by anotherfund 113.395 16.008 129,403 287,652 ' The accompanying notes are an integral part of these financial statements. C22 1 Town of Vail, Colorado ' Internal Service Funds Heavy Equipment Fund 1 Schedule of Revenues and Expenses Budget (Non-GAAP Basis) and Actual With a Reconciliation to GAAP Basis For the Year Ended December 31, 1996 ' (With Comparative Amounts for 1995) 1996 1995 ' Variance ~ Amended Favorable Budget Actual (Unfavorable) Actual ' Revenues: Operating charges 1,152,419 1,155,876 3,457 1,103,025 Replacement charges 282,239 269,022 (13,217) 216,258 ' Insurance reimbursements 80,000 16,350 (63,650) 23,163 Sale of assets 42,900 45,348 2,448 30,645 Other reunbursements 10,701 10,701 , Interest on investments 20,725 33,144 12,419 39,480 Total Revenues 1.578.283 1,530,441 (47,842) 1,412,571 , Expenses: ' Vehicle maintenance and fuel 1,144,135 1,060,700 83,435 1,049,910 Vehicle body repair 80,281 56,237 24,044 53,142 Building maintenance and operation 14,036 , Capital outlay 602,935 552,070 50,865 232,541 Total Expenses 1.827.351 1,669,007 158344 1,349,629 ' Net Income (lLoss) Non-GAAP Basis (138,566) 62,942 Book value of retired equiPment 363,814 146,105 , Accrued vacation (2,173) 9,087 , Depreciation (418,557) (393,791) Assets purchased 535,691 218,297 Net Income GAAP Basis 340,209 42.640 ' t ' The accompanying notes an integral part of these financial statements. ' C23 ' ' Town of Vail, Colorado Intemal Service Funds , Facility Maintenance Fund Schedule of Revenues and Expenses Budget (Non-GAAP Basis) and Actual With a Reconciliation to GAAP Basis , For the Year Ended December 31, 1996 (With Comparative Amounts for 1995) ' 1996 1995 Variance ' Amended Favorable Budset Actual (LJnfavorable) Actual ' Revenues: Maintenance charges 1,600,139 1,600,139 1,641,253 Building rent 11,520 11,520 10,920 ' Other 760 Interest on investments 25,014 25,014 16,482 ' Total Revenues 1,611,659 1,636,673 25,014 1,669,415 Expenses: ' Salaries and benefits 754,620 672,743 81,877 662,527 Operating expenses 848,604 835,808 12,796 782,189 Capital outlay 28,432 111,015 (82,583) 30,019 , Operating transfer out 10,876 Total Expenses 1.631.656 1,619,566 12.090 1,485,611 ' Net Income Non-GAAP Basis 17,107 183,804 ' Accrued vacation 54 (21, 820) Depreciation (34,750) (28,684) Assets purchased 11,159 49,266 ' Net Income GAAP Basis (6,430) 182,566 ' ' , ~ ' The accompanying notes an integral part of these financial statements. C24 ' Town of Vail, Colorado ' Internal Service Funds Health Insurance Fund ' Statement of Revenues and Expenses Budget (GAAP Basis) and Actual For the Year Ended December 31, 1996 ' (With Comparative Amounts for 1995) 1996 1995 , Variance ' Amended Favorable Budget Actual (Unfavorable) Actual Revenues: ' Insurance premiums 843,200 890,698 47,498 731,324 Interest on investments 25,000 49,297 24,297 56,432 ' Total Revenues 868.200 939,995 71,795 787,756 , Expenses: Health claims 1,001,590 648,198 353,392 559,767 ' Premiums 95,000 98,060 (3,060) 175,101 Insurance dividend 184,945 (184,945) ' Short-term disability payments 21,200 154 21,046 28,504 Total Expenses 1,117,790 931,357 186,433 763,372 , ' ' ' ' r The accompanying notes are an integral part of these financial statements. , C25 , ' ' , , , Trust and Agency Funds 1 ~ , Trust Funds are used to account for assets held by the government as an agent for individuals, private organizations, ' other governments and/or other funds. ' ' Town of Vail Employees Pension Trust Fund - This fund is used to account for the accumulation of resources for pension benefit payments to qualified Town of Vail employees. , Deferred Compensation Fund - This fund is used to account for assets held for employees in accordance with the provisions of the Internal Revenue Code ' Section 457. ~ ~ 1 1 Town of Vail, Colorado ' Trust and Agency Funds Combining Balance Sheet ' December 31, 1996 (With Comparative Totals for 1995) , Pensnon Trust Agency Total ' Town of Vail Deferred Employees Compensation 1996 1995 , Assets Cash and investments - , restricted 21,072,602 1,986,435 23,059,037 19,424,106 Equity in pooled cash and ~ investments 55,311 55,311 102,131 Loans to participants 413,061 413,061 426,673 Total Assets 21.540.974 1,986,435 23 527,409 19,952910 , Liabilities and Fund Epuity , Liabilities ~ Accounts payable 47,266 47,266 71,745 Due to employees 1,986,435 1,986,435 1,557,358 Total Liabilities _ 47,266 1,986,435 2,033,701 1,629,103 ' Fund Equity ~ Fund Balance: Reserved 21,493,708 21,493,708 18,323,807 Total Fund E uit 21,493,708 21,493,708 18,323,907 , 9 Y Total Liabilnties and Fund Equity 21.540.974 1,986 435 23,527,409 19,952,910 ~ ~ ~ The accompanying notes are an integral part of these financial statements. C26 ' ' ' Town of Vail, Colorado Pension Trust Fund ~ Town of Vail Employees Pension Trust Fund Comparative Statement of Revenues, Expenses, and Changes in Fund Balances For the Year Ended December 31, 1996 , , ~ 1996 1995 ' Operating Revenues: ~ Employee contributions 14,935 74,827 Employer contributions 1,266,542 1,317,343 Realized and unrealized gains 3,114,266 1,494,340 ~ Total Operating Revenues 4,395,743 2,886,510 ' Operating Expenses: Professional fees 102,234 97,255 Benefits paid 1,744,402 1,131, 885 , Total Operating Expenses 1,846,636 1,229,140 ~ Operating Income 2,549,107 1,657,370 , Non-Operating Revenues: Investment income 620,794 669,818 ' Total Non-Operating Revenues 620,794 669 ,818 ~ Net Income 3,169,901 2,327,188 ~ Fund Balances - - January 1 18,3232807 15,996,619 ~ Fund Balances - December 31 21,493,708 18,323,807 ~ The accompanying notes are an integral part of these financial statements ' C27 r Town of Vail, Colorado ' Agency Fund Deferred Compensation Plan Fund , Statement of Changes in Assets and Liabilities For the Year Ended December 31, 1996 Balance, Balance, ~ 12/31/95 Additions Deletions 12/31/96 Assets , Investments 1,557,358 461,233 32,156 1,986,435 ~ Total Assets _ 1,557,358 461,233 32,156 1,986,435 ' Liabilities Deferred compensation benefits payable 1,557,358 461,233 32,156 1,986,435 ~ Total Liabilitnes _ 1,557,358 461,233 32,156 1.986.435 ~ ' ' , ~ ~ ~ i t ~ The accompanying notes are an integral part of these financial statements. C28 , ~ ' Town of Vail, Colorado Schedule of General Fixed Assets - ' By Function December 31, 1996 ~ • Improvements Other than Total Land Buildings Buildings Equipment , Town of Vail ~ General government 21,494,643 17,522,021 2,065,227 231,065 1,676,330 ' Public Safet 8,936 422 8,674 7,021,056 Y , 86,113 1,820,579 , Public Works . 378,242 35,511 342,731 ~ Transportation 6,962,832 9,025 18,906 6,934,901 Housmg 212,238 209,992 2,246 ' Library 3,820,262 2,562,604 9,753 1,247,905 ' Recreation 3,224,202 321,983 2,629,383 131,486 141,350 Total General 1 Fixed Assets 45,028,841 17,852,678 14,497,287 512,834 12,166,042 ~ ~ ~ ~ , ' The accom panymg notes are an integral part of these financial statements. , C29 ' Town of Vail, Colorado ' Schedule of General Long-Term Debt December 31, 1996 , (With Comparative Amounts for 1995) 1996 1995 ~ General Obligation Series 1992A 7,000,000 7,000,000 Sales tax revenue bonds Series 1991 2,170,000 2,255,000 ~ Series 1992B 14,415,000 14,770,000 Capitalized lease agreements 191,526 372,260 ~ Promissory notes ' 803,813 1,012,606 , Accrued vacation pay 464,669 431,939 SPecial assessment bonds PaYable 120,000 150 000 ~ , ~ Total 25,165,008 25,991,805 Amount available and to be , provided for payment of long-term debt; ' Amount Available: From debt service funds 528,935 541,492 ~ To be Provided: From sales taxes and ~ other sources 24,516,073 25,300,313 From special assessments 120,000 150,000 ~ Total 25,165.008 25,991,805 ~ ~ . , ~ The accompanying notes are an integral part of these financial statements. C30 , , ' Town of Vail, Colorado , Debt Service 1 Schedule of Bond Principal and Interest Requirements in Future Years Sales Tax Revenue Bonds, Series 1991 ~ December 31, 1996 , Original issue $2,555,000, interest rate 4.50% to 6.50% with June and December coupon dates. Year Principal Interest Total ~ 1997 90,000 136>435 226,435 1998 95,000 131,485 226,485 ' 1999 100,000 126,070 226,070 2000 110,000 120,270 230,270 2001 115,000 113,780 228,780 1 2002 120,000 106,880 226,880 2003 130,000 99,560 229,560 2004 140,000 91,370 231,370 ~ 2005 145,000 82,550 227,550 2006 155,000 73,125 228,125 2007 170,000 63,050 233,050 ' 2008 180,000 52,000 232,000 2009 190,000 40,300 230,300 2010 205,000 27,950 232,950 1 2011 225,000 14,625 239,625 • 2,170,000 1,279,450 3,449,450 ' ~ ~ ~ , The accompanying notes are an integral part of these financial statements. ' C31 ~ Town of Vail, Colorado ' Debt Service Schedule of Bond Principal and Interest ' Requirements in Future Years General Obiligation Refunding Bonds Series 1992A December 31, 1996 ~ Original issue $7,500,000, interest rate 3.00% to 5.80% with June and December coupon dates. , Bonds maturing June 2005 and thereafter are subject to redemption at 101 % of par value throug November 30, 2003 and at par value thereafter for maturity after December 31, 2002. ' Year Principal Interest Total ~ 1997 100,000 402,100 502,100 1998 400,000 397,300 797,300 ' 1999 500,000 376,900 876,900 2000 800,000 350,400 1,150,400 ~ 2001 1,000,000 306,400 1,306,400 2002 1,050,000 249,900 1,299,900 2003 1,150,000 189,000 1,339,000 ~ 2004 1,250,000 120,000 1,370,000 2005 750,000 45,000 795,000 7,000,000 2,437,000 9,437,000 I , ' ~ ~ ~ , ~ The accompanying notes are an integral part of these financial statements. C32 , ~ ' Town of Vail, Colorado Debt Service r Schedule of Bond Principal and Interest Requirements in Future Years ~ Sales Tax Revenue Refunding and Improvement Bond Series 1992B December 31, 1996 ~ Ori inal issue 15 165 000 interest rate 3.00% to 6.125 % o with June and December c g $ , , , oupon dates ' Bonds maturing June l, 2005 and thereafter are subject to redemption at 101% of par value at December 1, 2002 through May 31, 2003 and at par value thereafter. ' Year Principal Interest Total ' 1997 475,000 829,910 1,304,910 1998 555,000 804,358 1,359,358 1999 665,000 772,582 1,437,582 ' 2000 1,315,000 718,798 2,033,798 2001 1,235,000 647,746 1,882,746 2002 1,315,000 574,722 1,889,722 ' 2003 1,345,000 500,887 1,845,887 2004 1,395,000 418,988 1,813,988 2005 2,060,000 315,637 2,375,637 ' 2006 1,315,000 213,763 1,528,763 2007 390,000 162,006 552,006 2008 415,000 137,660 552,660 ' 2009 440,000 111,934 551,934 2010 470,000 84,525 554,525 2011 495,000 55,278 550,278 , 2012 530,000 24,500 554,500 ' 14,415,000 6,373,294 20,788,294 ~ ~ ' 1 The accompanying notes are an integral part of these financial statements. ' C33 ' Town of Vail, Colorado ' Debt Service Schedule of Lease Payments in Future Years ~ Transportation Facility December 31, 1996 . ~ ~ Transportation Facility ' Year Principal Interest Total , 1997 155,000 11,900 166,900 155,000 11,900 166,900 , ' , ~ , ' ~ ' ~ ' t The accompanying notes are an integral part of these financial statements. C34 , ~ ' Town of Vail, Colorado Debt Service 1 Schedule of Promissory Note Requirements in Future Years Golf Course Properry December 31, 1996 , ~ Public Golf Course Property, original note $2,200,000, interest at 13%, payable annually on January 11. , ' Year Principal Interest Total ~ 1997 235,937 104,495 340,432 1998 266,608 73,824 340,432 1999 301,268 39,166 340,434 , 803,813 217,485 1,021,298 r ~ ~ ~ ~ t ~ ~ r The accompanying notes are an integral part of these financial statements. , C35 1 ' ~ ' ~ ' Road and Bridge 1 ~ ~ ~ ~ ~ ~ ~ ~ ' . ~ . 1 ~ , COUNTlES, Cl'TgS, dt TiOWNS ANNUAL STATEMENT OF RECEIPTS 1 & EXP'ENDTlVRES POR ROADS, BRIDGES qND STREETS COUNTY/CIT'Y/POWN: TOWN OF VAIL , CALFNDAR YEAR OF REPORT: 1996 ~ ROLT_ND ALL AMO TNTC Tn NE RF T DU T eR I. SCHEDZJIB OF RECEIPTS FpR ROAD, BRIDGE AND STREET' pURppSES , A. LO(:AT OLTRCFC C'_ cTATE CO rR['Fc , 1. Property Taa/Special Assessments 1. Ii'ighway Users Tax _ 176,958 2. G e n e r a l F v n d A p p ropriatians 1,383,754 2. Motor Vehicle Registration Faes 26,968 ~ 3, p~ (specify) RETT & CPF 2,573,906 3. (specify) 4. Traffic Fines TiOTAL (G) STATE SOURCFS 203 , 926 ' S. Sales Tax 6a. From Crnmty (specify) EAGLE 689,800 D. FEDE Ai. c0 rn c 1 b. City/fown (Specify) 1. Forest Service 1 7. Bond Proceeds (net of issaance cost) 2, Afmcral Lming 8. Note Proceeds (net of issuance cost) 3. Paymeutc ia L'eu of Taxes ' 9. Specific Ownership Taxes 123,698 4. Other (specify) TOTAL (A) LOCAL SOURCES 4,771,158 TpTyi, (D) FED, SOURCES ' O TRT TTtONC 9,185 ' E. TOT T. FC'FlP'rc (A+B+C+D) 4>984>269 ! F'_ UNSPENT B T eT1 C RFr,TM,,•••Nn_ OF e fl -O - (must equal ending balance of Previous yeaz) , 0 TnT T F Ip7'S ATVD BAi 4M= (E+F) .9a4.z69 ~ , (Revised 1/96) ' ' C36 (coet) ' II. SCHEDUIE OFEXPENDTf[JRES POR ROAD BRIDGE ' , AND STREET PURPOSES A. DIltECT HIGHWAY EXPENDITURES , 1. Right-of-Way -0- 2. Preliminary and Coosoruction Fagineering 341,763 ~ 3. Consaucaon 2,441,328 4. Maintenance of Candition 642,289 5. Snow and Ice Removal 673,171 6. Traffic Services 144,487 ~ 7. Ac3ministration 152,613 8. Traffic Enforcement 588,618 ' TOTAL (A) DIRECT HIGHWAY EXPENDITURES 4,984,269 B. DEBT FAYNIENTS ON BONDS AND NOTES ~ 1. Iaterest on Bomcic 2. Intterrest on Notes 3. Redempdon an Bonds (net value) ~ 4. Redemption on Notes (net value) 'POTAL (B) DEBT PAYMENTS , C. PAYMENTS TO OTHER GOVERNMENTS la. To County (specify) ' b. To City (specify) 2. To DepL of Trans. TOTAL (G) PAYMENTS TO OTIHER GOVERNrENTS , D. OTHER HIGHWAY PURPOSES , (SPecifY) ' E. TOTAL EXPENDTIURFS (A+B+C+D) 4,984,269 F. BALANCES FND OF YEAR -0- , (unspent receipts) ~ G. TOTAL E7PENDTTCTRES AND BAIANCFS (E+F) 4,984,269 , ~ (Revised 1/96) . ' C37 ~ ~ (con't) , III. SCHEDIJIE OF CHANGE IN DEBT STANS FOR ROAD, BRIDGE AND S'IREET OBLIGATIONS , (show all entries at par value; face am(xunt of issue) ~ BOND ~ A BONDS AND NOTES OUTSTANDING BEGINNING OF YEAR ! B. AMOUNT ISSUED DURING YEAR (par value) 1. Original issues this year , 2. Refunding issues C. AMOUNT REDEEMED DURING YEAR (par value) ~ 1. From current receipLs or reserves 2. From refimdmg issues ' D. BONDS AND NOTES OUTSTANDING END OF YEAR ' , ' ~ NOTE: TOTAL RECEIP'1'S & BALANCES MUST EQUAL TOTAL EXPENDITURES & BALANCES ~ PLEASE GIVE THE NAME AND PHONE NUMBER OF TIRE PERSON TO CONTACT FOR QUESTIONS REGARDING TI~ REPORT. , NAME. Christine B. Anderson, CPA PHONE: 970-479-2119 ~ ' , Revised (1/96) , ~ C38 , Town of Vail, Colorado ' Notes to Schedule of Receipts and Expenditures Schedule of Expenditures for Roads, Bridges and Streets December 31, 1996 , The Schedule of Receipts and Expenditures was prepared using the following allocations: r 41 % of Public Works Administration, 100% of Street Maintenance, Snow Removal, and Street ' Cleaning expenditures less: One-half of Director's salary and benefits ' Professional fees Interfund accident charges ~ 20% of all Police Patrol expenditures 98% of all Traffic Enforcement exPenditures ~ 100% of Construction and Engineering expenditures for specific projects , , 1 ~ ~ ' ' , i i C39 1 ' , ' , , Single Audit ' 1 1 ~ 1 1 I 1 1 . 1 1 1 ~ MCMAHAN AND ASSOCIATES, P.C. Certified Public Accountants • Suite 222/Avon Center/100 West 8eaver Creek Bivd./P.O. Box 5850/Avon, CO 81620 • 970-845-8800 • FAX 970-845-0851 ' , INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL , STRUCTURE IN ACCORDANCE WITH GOVERNMENT A UDITING STANDARDS ' Town Council , Town of Vail Vail, Colorado ~ ' We have audited the general-purpose fmancial statements of Town of Vail (the "Town") as of and for the year ended December 31, 1996, and have issued our report thereon dated March 21, 1997. , We conducted our audit in accordance with generally accepted suditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and , perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. The management of the Town is responsible for establishing and maintaining an internal control structure. In i fulfilling this responsibility, estimates and judgments by management aze required to assess the expected benefits and related costs of intemal control structure policies and procedures. The objectives of an internal control ~ structure are to provide management with reasonable, but not absolute, assurance that assets are safeguazded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general-purpose financial ' statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occw and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate ' because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. Ir? planning and perforining our audit of the general-purpose financial statements of the Town for the year ended ' Uecember 31,1996, we considered its intemal control structure in order to determine our auditing procedures for the purnose of expressing our opinion on the general-purpose financial statements and not to provide asswance on the internal control structure. ' ' D. Jerry McMahan, C.P.A. Members of American Institute of Certified Public Accountants Jeannie L. Treu, C.P.A. , Paul J. Backes, C.P.A. and Colorado Society of Certified Public Accountants Daniel R. Cudahy, C. P. A. D1 ~ ~ ' Town Council Town of Vail Vail, Colorado ' ' Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material wealrnesses under standazds established by the American Institute of Certified Public Accountants. A material wealrness is a condition in which the design or operation of one or more of the ' internal control structure elements dces not reduce to a relatively low level the risk that errors and irregularities in amounts that would be material in relation to the general-purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned ' functions. We noted no matters involving the internal control structure and its operation that we consider to be material wealrnesses as defined above. ~ This report is intended for the information of the Council, management and appropriate State and Federal agencies. However, this report is a matter of public record and its distribution is not limited. McMahan and Associates, P.C. ~ Avon, Colorado March 21,1997 ' ' . ' . ' ' , ~ ' ' ' D2 r MCMAHAN AND ASSOCIATES, P.C. Certified Public Accountants • Suite 222/Avon Center/100 West Beaver Creek Blvd./P.O. Box 5850/Avon, CO 81620 • 970-845-8800 • FAX 970-845-0857 ~ INDEPENDENT AUDITOR'S COMPLIANCE REPORT I BASED ON AN AUDIT OF GENERAL-PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE ' WITH GOVERNMENT AUDITING STANDARDS ' Town Council Town of Vail ~ Vail, Colorado We have audited the general-purpose financial statements of Town of Vail (the "Town") as of and for the year , ended December 31, 1996, and have issued our report thereon dated March 21, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing , Standards, issued by the Comptroller General of the United States. Those standazds require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. ~ Compliance with laws, regutations, contracts, and grants applicable to the Town is the responsibility of the Town's management. As part of obtaining reasonable assurance about whether the general-purpose financial ~ statements are free of material misstatement, we performed tests of the Town's compliance with certain provisions ' of laws, regulations, contracts, and grants. However, the objective of our audit of the general-purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not ~ express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under ' Government Auditing Standards. - This report is intended for the information of the Council, management, and appropriate State and Federal , agencies. However, this report is a matter of public record and its distribution is not limited. c-~.~... McMahan and Associates, P.C. , Avon, Colorado March 21,1997 ' ' D. Jerry McMahan, C.P.A. Members of American Institute of Certified Public Accountants Jeannie L. Treu, C.P.A. ~ Paul J. Backes, C.P.A. and Colorado Society of Certified Public Accountants Daniel R. Cudahy, C. P. A. D3 ~ 1 MCMAHAN AND ASSOCIATES, P.C. , Certified Public Accountants • Suite 222/Avon Center/100 West Beaver Creek Blvd./P.O. Box 5850/Avon, CO 81620 • 970-845-8800 • FAX 970-845-0851 , INDEPENDENT AUDITOR'S SINGLE AUDIT REPORT ON THE INTERNAL CONTROL STRUCTURE USED ' IN ADMINISTERING FEDERAL FINANCIAL ASSISTANCE PROGRAMS ' Town Council ' Town of Vail Vail, Colorado ' We have audited the general-purpose financial statements of Town of Vail (the "Town"), as of and for the year ' ended December 31, 1996, and have issued our report thereon dated March 21, 1997. We conducted our audits in accordance with generally accepted auditing standards; Government Auditi»g ~ Standards, issued by the Comptroller General of the United States; and Office of Management and Budget (OMB) Circular A-128, Audits ofState and Local Governments. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement and about whether the Town complied with laws and ' regulations, noncompliance with which would be material to a federal financial assistance program. In planning and perfonning our audits for the year ended December 31, 1996, we considered the Town's internal ' control structure in order to determine our auditing procedures for the purpose of expressing our opinions on the Town's general-purpose fmancial statements and to report on the internal control structure in accordance with OMB Circular A-128. This report addresses our consideration of internal control structure policies and ' procedures relevant to compliance with requirements applicable to federal financial assistance programs. We have addressed policies and procedures relevant to ow audit of the general-purpose financial statements in a sepazate report dated March 21, 1997. ' The management of the Town is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits ' and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's ~ authorization and recorded properly to permit the preparation of general-purpose financial statements in accordance with generally accepted accounting principles and that federal financial assistance programs are managed in compliance with applicable laws and regulations. Because of inherent limitations in any system of ' intemal control structure, errors, irregularities or instances of noncompliance may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation , of policies and procedures may deteriorate. ' D. Jerry McMahan, C.P.A. Members of American Institute of Certified Public Accountants Jeannie L. Treu, C.P.A. Paul J. Backes, C.P.A. and Colorado Society of Cerhfied Public Accountants Daniel R. Cudahy, C. P. A. ' D4 ' Town Council ' Town of Vail Vail, Colorado ' For the purpose of this report, we have classified the significant internal control structure policies and procedures ~ in the following categories: Accounting Controls: ' o Revenue receivables o Expenses/accounts payable ' General Requirements: o Political activity ' o Davis-Bacon Act o Civil rights ~ o Cash management o Relocation assistarice and real property management o Federal fmancial reports (in formats required by the Colorado Housing Finance Town) ~ o Allowable costs/cost principles o Drug-free workplace o Administration requirements , Specific Requirements: o Types of services ' o Matching, level of effort and/or earmarking o Special reporting requirements ' o Special tests and provisions For all of the internal control structure categories listed above, we obtained an understanding of the design of ' relevant policies and procedures and deternuned whether they have been placed in operation, and we assessed control risk. During the yeaz ended December 31, 1996, the Town had no major federal financial assistance programs and ' expended 69°/a of its total federal fmancial assistance under the following nonmajor federal fmancial assistance program: ~ o Department of Transportation - Highway Planning and Construction Except as discussed in the following paragaph, we performed tests of controls, as required by OMB Circulaz ' A-128, to evaluate the effectiveness of the design and operation of internal control structure policies and procedures that we have considered relevant to preventing or detecting material noncompliance with general ' requirements that are applicable to the federal financial assistance program, which is identified in the accompanying Schedule of Federal Financial Assistance. Our procedures were less in scope than would be necessary to render an opinion on these internal control structure policies and procedures. Accordingly, we do , not express such an opinion. DS ' ' ' Town Council Town of Vail ' Vail, Colorado ~ We performed no tests of controls to evaluate the effectiveness of the design and operation of internal control structure policies and procedures that could be relevant to preventing or detecting material noncompliance with political activity, civil rights, cash management, federal financial reports, drug-free workplace, specific , requirements, claims for advances and reimbursements, and amounts claimed or used for matching. ' Our consideration of the internal control structure policies and procedures used in administering federal fmancial assistance would not necessarily disclose all matters in the internal control structure that might be material wealrnesses under standards established by the American Institute of Certified Public Accountants. A material wealaiess is a condition in which the design or operation of one or more of the intemal control structure elements ' does not reduce to a relatively low level the risk that noncompliance with laws and regulations that would be material to a federal fin,ancial assistance program may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the ' intemal control structure and its operations that we consider to be material wealmesses as defined above. This report is intended solely for the use of the Town Council, management and appropriate State and Federal ' agencies. However, this report is a matter of public record and its distribution is not limited. Q Ss.~-.~.. ~ i ' McMahan and Associates, P.C. ' Avon, Colorado March 21,1997 ' ' ' ' ' ~ ' ' D6 ' MCMAHAN AND ASSOCIATES, P.C. CertiFied Public Accountants • Suite 222/Avon Center/100 West Beaver Creek Blvd./P.O. Box 5850/Avon, CO 81620 • 970-845-8800 • FAX 970-845-0851 ' INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE , WITH THE GENERAL REQUIREMENTS APPLICABLE TO FEDERAL FINANCIAL ASSISTANCE PROGRAMS ~ To the Town Council Town of Vail , Vail, Colorado We have audited the general-purpose financial statements of the Town of Vail, Colorado (the "Town"), as of and ' for the yeaz ended December 31, 1996, and have issued our report thereon dated March 21, 1997. We have applied procedwes to test the Town's compliance with the following requirements applicable to its ' Federal financial assistance programs, which aze identified in the Schedule of Federal Financial Assistance, for the yeaz ended December 31, 1996: ' General Requirements: o Political activity ' o Davis-Bacon act o Civil rights ' o Cash management o Federal fmancial reports o Allowable costs/cost principles o Drug-free workplace ' o Administrative requirements Our procedures were limited to the applicable procedures described in the Office of Management and Budget's ' "Compliance Supplement for Single Audits of Stnte and Local Governments". Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on the Town's compliance with the requirements listed in the preceding paragraph. Accordingly, we do not express such an , opinion. With respect to the items tested, the results of those procedures disclosed no instances of noncompliance with the requirements listed in the second pazagraph of this report. With respect to items not tested, nothing came to our attention that caused us to believe that the Town had not complied, in all material respects, with those requirements. ' This report is intended for the inforniation of the Town Council, management, and appropriate State and Federal agencies. However, this report is a matter of public record and its distribution is not limited. ' McMahan and Associates, P.C. ' Avon, Colorado March 21,1997 D. Jerry McMahan, C.P.A. Members of American Institute of Certified Public Accountants Jeannie L. Treu, C.P.A. ' Paul J. Backes, C.P.A. and Colorado Society of Certified Public Accountants Daniel R. Cudahy, C. P. A. D7 i ~ MCMAHAN AND ASSOCIATES, P.C. ' Certified Public Accountants • Suite 222/Avon Center/100 West Beaver Creek Blvd./P.O. Box 5850/Avon, CO 81620 • 970-845-8800 • FAX 970-845-0851 I INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO NONMAJOR ' FEDERAL FINANCIAL ASSISTANCE PROGRAM TRANSACTIONS ' Town Council Town of Vail Vail, Colorado ' , We have audited the basic fmancial statements of the Town of Vail (the "Town") as of and for the year ended December 31, 1996, and have issued our report thereon dated Mazch 21, 1997. In connection with our audit of the basic financial statements of the Town, and with our consideration of the ' Town's control structure used to administer federal fmancial assistance programs, as required by Office of Management and Budget Circular A-128, Audits of State and Local Governments, we selected certain transactions applicable to certain nonmajor federal fmancial assistance programs for the year ended December ' 31, 1996. As required by OMB Circular A-128, we have performed auditing procedures to test compliance with the requirements governing types of services allowed or unallowed and eligibility that are applicable to those transactions. Our procedures were substantially less in scope than an audit, the objective of which is the ' expression of an opinion on the Town's compliance with these requirements. Accordingly, we do not express such an opinion. ~ With resPect to the items tested, the results of those procedwes disclosed no material instances of noncompliance with the requirements listed in the preceding paragraph. With respect to those items not tested, nothing came to our attention that caused us to believe that the Town had not complied, in all material respects, with those ' requirements. This report is intended for the information of the management and appropriate State and Federal agencies. ' However, this report is a matter of public record and its distribution is not limited. W&L v"« c. A- aC. e~-sc3 ~ - ~-c Z / 'C • ~ McMahan and Associates, P.C. ~ Avon, Colorado March 21,1997 ' ' ' D. Jerry McMahan, C.P.A. Members of American Institute of Certified Public Accountants Jeannie L. Treu, C.P.A. Paul J. Backes, C.P.A. and Colorado Society of Certified Public Accountants Daniel R. Cudahy, C. P. A. ~ D8 , MCMAHAN AND ASSOCIATES, P.C. Cerrified Public Accountants • Suite 222/Avon Center/100 West Beaver Creek Blvd./P.O. Box 5850/Avon, CO 81620 • 970-845-8800 • FAX 970-845-0851 ~ ' INDEPENDENT AUDITOR'S REPORT ON SCHEDULE OF FEDERAL FINANCIAL ASSISTANCE ~ ' Town Council Town of Vail ' Vail, Colorado ' We have audited the general-purpose financial statements of Town of Vail (the "Town") as of and for the yeaz ended December 31, 1996, and have issued our report thereon dated March 21, 1997. These general-purpose , financial statements are the responsibility of the Town's management. Our responsibility is to express an opinion on these general-purpose fmancial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing , Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance a6out whether the general-purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and , disclosures in the general-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for ow opinion. ~ Our audit was made for the purpose of forming an opinion on the general-purpose financial statements of the Town taken as a whole. The accompanying Schedule of Federal Financial Assistance is presented for purposes ' of additional analysis and is not a required part of the general-purpose financial statements. The information in that schedule has baen subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general-purpose financial ' statements taken as a whole. V',^ L W~ o, A. G s so ~~'`-e S~• ~ McMahan and Associates, P.C. ' Avon, Colorado March 21,1997 , ~ D. Jerry McMahan, C.P.A. Members of American Institute of Certified Public Accountants Jeannie L. Treu, C.P.A. ' Paul J. BaCkes, C.P.A. and Colorado Society of Certified Public Accountants Daniel R. Cudahy, C. P. A. D9 ~ I Town of Vail Schedule of Federal Financial Assistance ' For the Year Ended December 31,1996 ' Federal Major CFDA Program Program Title Number (Yes/No) Disbursements ' DePartment of Justice: , Drug control and systems improvement 16.579 No 31,882 Drug seizure monies None No 12,916 ' Total Deparhnent of Justice 44,798 Department of Transportation: Highway planning and construction 20.205 No 101,185 ' Total Federal Financial Assistance 145,983 ' ' 1 ' ' ' ~ 1 ' ' The accompanying notes are an integral part of these financial statements. D10 ~ S ORDINANCE NO. 12 Series of 1997 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 35, AUSTRIA HAUS; ADOPTING A DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 35 IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town in order to encourage flexibility and creativity in the development of land in order to promote its most appropriate use and to improve the design character and quality of new development within the Town of Vail and to further the overall goals of the community as stated in the Vail Comprehensive Plan; and WHEREAS, the Vail Town Council believes that the establishment of Special Development District No. 35 benefits the Town of Vail by enhancing and preserving the hotel bed base, increasing retail shopping opportunities, generating sales tax revenue, implementing streetscape improvements to East Meadow Drive and Slifer Square, and ensuring deed restricted employee housing for at least 12 employees; and WHEREAS, the developer, Sonnenalp Properties, Inc., has submitted an application for the establishment of Special Development District No. 35, for a certain parcel of property within the Town, legally described as on a part of Tract C, Block 5-D, Vail Village First Filing and more commonly referred to as the Austria Haus; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on June 9, 1997, and with the Design Review Board on April 14, 1997, held public hearings on the establishment of Special Development District No. 35, and has forwarded their recommendation of approval 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 citizenry, inhabitants, and visitors to establish Special Development District No. 35; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance 12 Series of 1997 1 n t u 1 SECTION 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. SECTION 2 Special Development District No. 35 is established to ensure comprehensive development and use of an area in a manner that will be harmonious and compatible with the general character of the Town, will provide adequate open space, deed restricted employee housing for twelve (12) employees, streetscape improvements to East Meadow Drive, public improvements to Slifer Square and other amenities, and will promote the objectives of the Town's Zoning Ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the Special Development District which cannot be satisfied through the imposition of a standard zoning district on the area. SECTION 3 Special Development District No. 35 is established for the proposed development on a parcel of land, legally described as on a part of Tract C, Block 5-D, Vail Village First Filing, comprising 24,089 square feet/ 0.553 acres in the Vail Village area of the Town. Said 24,089 square feet/ 0.553 acres may be referred to as "SDD No. 35." SECTION 4 The Town Council finds that the Approved Development Plan for SDD No. 35 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 Approved Development Plan for SDD No. 35 is approved. The Approved Development Plan is comprised of those plans submitted by Pierce, Segerberg and Associates, Architects and consists of the following documents: 1. Existing Conditions, dated April 14, 1997, (Pierce, Segerberg and Associates, Architects). 2. Comparison of Existing and Proposed Buildings, dated June 5, 1997, (Pierce, Segerberg and Associates, Architects). 3. Overall Site Plan, dated June 5, 1997, (Pierce, Segerberg and Associates, Architects). 4. Landscape Plan and Grading Plan, dated June 5, 1997, (Pierce, Segerberg and Associates, Architects). Ordinance 12 Series of 1997 2 : ~ J 5. Garage-Level Floor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 6. First-Level Floor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 7. Second-Level Floor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 8. Third-Level Floor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 9. Fourth-Level Floor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 10. Roof Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 11. North/South Elevation Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 12. East/West Elevation Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 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 Special Development District No. 35. The following are the development standards for Special Development District No. 35: A. Lot Area - The lot area consists of approximately 24,089 square feet/ 0.553 acres. B. Density Control - The maximum GRFA for the Austria Haus shall not exceed 35,224 square feet. This figure includes 10,261 square feet of hotel accommodation units and 24,963 square feet of fractional fee club units. The approved density for the Austria Haus includes eighteen (18) fractional fee club units, twenty-five (25) hotel rooms (accommodation units) and one (1) on-site manager's residence (Type III Employee Housing Unit), for a total of 31 dwelling units. C. Site Coverage - The maximum site coverage for Special Development District No. 35 shall not exceed 17,525 square feet, or 73% of the lot area, and shall be as indicated on the Approved Development Plans. D. Setbacks - The setbacks of the Austria Haus building shall be as indicated on the Approved Development Plans. E. Landscaping - All landscaping shall be in accordance with the Approved Development Plans. F. Height - The maximum height of the Austria Haus building shall be as indicated on the Approved Development Plans. G. Parking and Loading - Section 18.52 of the Town of Vail Municipal Code prescribes Ordinance 12 Series of 1997 3 . a ~ the parking requirements for development. A minimum of sixty-three (63) underground, on-site vehicle parking spaces shall be provided, in accordance with the Approved Development Plans. The required number of loading and delivery berths shall be a total of 1 berth, in accordance with the Approved Development Plans. H. Commercial Area - The maximum commercial area for Special Development District No. 35 shall not exceed 5,402 square feet, or 15% of the allowable GRFA, and shall be as indicated on the Approved Development Plans. 1. Common Area - The maximum allowable common area for Special Development District No. 35 shall not exceed 12,714 square feet, or 36% of the allowable GRFA, and shall be as indicated on the Approved Development Plans. J. Uses - The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vail with the exception of restaurants or similar food service onerations, which shall not be allowed. SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. That the applicant prepare a deed restriction or covenant, subject to the Town Attorney's review and approval, restricting the current and future owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. Said deed restriction or covenant shall be recorded with the Eagle County Clerk and Recorder's Office prior to the applicant submitting for a building permit. 2. That the applicant submit the following plans to the Department of Community Development for review and approval as a part of the building permit application for the Austria Haus: a. Tree Preservation Plan; b. Erosion Control and Sedimentation Plan; c. Construction Staging and Phasing Plan; d. Stormwater Management Plan; e. Site Dewatering Plan; and f. Traffic Control Plan. g. Roof Projection Plan (mechanical equipment) 3. That the applicant provide deed-restricted housing, which complies with the Town Ordinance 12 Series oi 1997 4 , I ~ ~ of Vail Employee Housing requirements (Chapter 18.57), for a minimum of 12 employees, and that said deed-restricted housing be made available for occupancy, and the deed restrictions recorded with the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Austria Haus. If the applicant transfers the deed-restriction within the project, or outside of the project, said transfer shall not result in a greater density of housing (employees/square foot) than that proposed by the applicant in the letter from Johannes Faessler to George Ruther dated 5/20/97 and attached to the staff memo (6/9/97). 4. That the following design considerations be carefully reviewed by the Design Review Board: A) That the mullions on the windows and doors, as depicted on the building elevations, be a required element of the Austria Haus project. B) That partial improvements recommended for East Meadow Drive, as depicted . in the approved Town of Vail Streetscape Master Plan, be implemented as a part of the Austria Haus project. This includes a reduction in street width from 30 feet to 26 feet (14 foot bus lane and 12 foot attached, asphalt pedestrian walk). C) That the applicant increase the roof overhangs on the building. Currently, the overhangs vary from two feet to three feet. Staff would recommend that all the roof overhangs be a minimum of three feet. D) That the applicant prepare a comprehensive sign and exterior lighting program for the Austria Haus. The comprehensive exterior lighting and sign program will be reviewed by the DRB. E) That the applicant submit plans indicating the proposed design of the bus shelter in Slifer Square. The ptans shall be submitted prior to DRB conceptual review. F) That the applicant submit plans indicating the location, type, and quantity of roof top mechanical equipment prior to DRB conceptual review. G) That the applicant submit detailed building elevation plans adequately labeled to identify architectural details (railings, trim, fascia, etc.) and exterior building materials and colors prior to DRB conceptual review. 5. Based upon the Approved Development Ptans, and by agreement between the Town of Vail and the applicant, there will be an exchange of land between the parties. This will be by general warranty deed, pursuant to any required provisions in the Charter and the Municipal Code of the Town of Vail. Prior to the execution Ordinance 12 Series of 1997 5 ~ i of such deeds, access to the property can be obtained by the applicant, via an easement from the Town of Vail. Additionally, there is required an approval of a minor subdivision by the PEC within ninety (90) days from the effective date of Ordinance #12, Series of 1997 and that all costs incurred to subdivide the property be the responsibility of the applicant and not the Town of Vail. 6. That the PEC approval of Special Development District #35, the approval of the conditional use permit to allow for the operation of a fractional fee club in the Public Accommodation Zone District, and the approval of a minor subdivision shall be conditioned upon the approval of this SDD establishment request by the Vail Town Council. 7. That the applicant incorporate the originally contemplated design which incorporates the loading and delivery facility in the underground parking structure. Trying to accommodate loading and delivery in the porte-cochere area will result in conflicts between pedestrians, vehicles accessing the parking structure, and delivery trucks. Although the original design option may not be the desire of the owners of the Village Center Condominiums, the impact can be mitigated with appropriate screening and management. There shall be a load i ng/del ivery management plan which minimizes the impacts of loading and delivery on pedestrians and adjoining property owners. This plan may include, but not be limited to, signage, timing and scheduling, staffing, etc. 8. That the applicant agrees not to remonstrate against a streamwalk, in the Town of Vail stream tract adjacent to the Austria Haus, should the Town choose to expand the streamwalk in the future. SECTION 7 Amendments to the Approved Development Plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Sections 18.66.060 and 18.40.100. Amendments which change the substance of the Approved D'evelopment Plan shall be required to be approved by the Town Council after the above-procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the Approved Development Plan, in accordance with the Municipal Code of the Town of Vail. SECTION 8 Ordinance 12 Series of 1997 6 s ? ~ The developer must begin construction of the Special Development District within three (3) years from the effective date of this ordinance, and continue diligently toward completion of the project. If the developer does not begin and diligently work towards the completion of the Special Development District, or at any stage of the Special Development District, the developer shall recommend to the Town Council that either the approval of Special Development District No. 35 be extended, that the approval of Special Development District No. 35 be revoked or that Special Development District No. 35 be amended. SECTION 9 If any part, section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be 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 the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of June, 1997, and a public hearing for second reading of this Ordinance set for the 1 st day of July, 1997, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert W. Armour, Mayor Attest: Holly L. McCutcheon, Town Clerk Ordinance 12 Series oi 1997 7 c ; ~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this day of , 1997. Robert W. Armour, Mayor Attest: Holly L. McCutcheon, Town Clerk , Ordinance 12 Series of 1997 8 ' & ' I?- y'7 U.k.w.,# 3 June 17, 1997 Deaz Council Members, I had hoped to say this statement this afternoon but everything moved a little to quickly for me to jump in so I now submit it to you in text. I had wished to read this but I am spending the evening with my family for, like the mountains, I have also found a new appreciation for time with my family. Since I had the realization that I will be leaving this valley for college in two months I have found a new love and admiration for the mountains. Over the past month I became aware of the proposed Austria Haus development and I am concerned about it for two main reasons, both of which address the elevation and mass. First, recently while eating at Sweet Basil I noticed that the view of the mountains to the north would be obstructed. If Austria Haus expands to the current "tape line" the view from Sweet Basil, the adjoining properties, and the river corridor below becomes solid building. Secondly, last night while walking by the Vail Transportation Center on E. Meadow Drive I again noticed that if Austria Haus expands the view of Vail Mountain is obliterated. The height that Austria Haus is currently at allows the mountains to be seen. If the Special Development District is approved the Austria Haus joins Mountain House and the Village Center to form a solid wa11 hiding the mounta.ins completely. Please consider the views that could be eliminated when you vote on the Austria Haus Special Development District. Thanlcs, Kerry Donovan ORIGINAL MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 9, 1997 SUBJECT: A request for a conditional use permit to allow for a brew-pub and a request for a variance from Section 18.26.040 J, to the requirement that no more than 45% of the annual production be sold for off-site consumption and a variance to the requirement for 50% of the parking to be located on-site (Section 18.26.150), located at 600 Lionshead Mall (Gondola Building)/Lot 4, Block 1, Vail Lionshead 1 st Filing. Applicant: Vail Associates, Inc., represented by David Thorpe Planner: Dominic Mauriello 1. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant is requesting a conditional use permit in order to locate a brew pub on the second floor (top floor) of the old gondola building. In conjunction with this request, the applicant is seeking a variance from the brew pub requirement that no more than 45% of the product manufactured by the brew pub on an annual basis may be sold for off-site consumption. The code limits brew pubs to an annual production of 7,500 barrels (232,500 gallons) per year as amended last year. Therefore, according to code no more than 3,375 barrels (104,625 gallons) per year may be sold for off-site consumption. The applicant is requesting that 90% of the product manufactured on-site be allowed for sale for off-site consumption (up to 6,750 barrels or 209,250 gallons). The proposed brew pub contains a total of 12,560 sq. ft. of floor area. The proposed bar and dining area is 6,400 sq. ft., the proposed kitchen, bathrooms, and storage areas are 2,300 sq. ft. and the proposed brewery area is 3,860 sq. ft. The proposed seating plan contains 211 seats and the building code occupancy standards for this space is 427 people. The required parking, based on the occupancy standards, as provided for in the code, is 54 parking spaces. The applicant has indicated that they are proposing a"terrace" seating area within the building and should therefore be considered an outdoor dining area, which is not assessed for parking. However, in order for this area to be considered "outdoor" it must have a continuous opening of at least 25% of the perimeter of the terrace area. The proposal as submitted does not comply with this requirement and is therefore assessed for parking. This building has a parking space credit of 8 parking spaces based on changes in uses over the years, and therefore the net parking requirement is 46 parking spaces. The applicant is also seeking a variance from the requirement that 50% of the required parking be located on-site within existing buildings. The applicant is requesting to pay into the pay-in-lieu fund for all of the required parking pursuant to Section 18.52.160 (Exceptions), of the off-street parking requirements. The brew pub requires 46 additional parking spaces (54 total required with 8 spaces of credit) which requires a fee of $777,653 ($16,905.5 per space). , , 1 4VAIL TOWN A ~ II. ZONING ANALYSIS Zoning: Commercial Core 2 (CC2) Allowed/Required Proposed Parking: 46 spaces required (8 space credit) Pay-in-lieu =$777,653 Beer produced: 7,500 barrels 7,500 barrels Beer sold off-site: 45% 90% Floor area: N/A 12,560 sq. ft. % area for brewing: 50% (6,280 sq. ft.) 31 %(3,860 sq. ft.) III. REVVEW CRITERIA FOR THIS REQUEST The review criteria for a request of this nature are established by the Town of Vail Municipal Code. In addition to the Conditional Use criteria, staff has included purpose statements from the CC2 zoning district and the Conditional Use sections of the code: The proposed brew pub is located in the Commercial Core 2(CC2) zone district. According to Section . 18.26.010 of the zoning code, the purpose of the CC2 district is: The Commercial Core 2 Zone District is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District in accordance with the Vail Lionshead Urban Design Guide Plan and Design Considerations is intended to insure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the district by establishing appropriate site development standards. A brew pub shall be permitted in the CC2 zone district subject to the issuance of a Conditional Use Permit in accordance with the provisions of Chapter 18.60. For the PEC's reference, the Conditional Use Permit purpose statement indicates that: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of ihis title and with respect to their affects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permit shall be denied. r ~ 2 IV. C°:TERie eNn FiNnIN[;S FnR CONDITIONAL USE PERMIT Upon review of Section 18.60 of the Municipal Code, the Community Development Department recommends tabling of the Conditional Use Permit request to allow for a brew pub based upon the following factors: A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. The proposal provides for the continued economic viability of a unique use within the Lionshead area. The Land Use Plan encourages uses which increase the economic vitality of the area, provide amenities for locals and guests, and inuite people to the core areas during the evening. Staff believes this use will benefit the economy of the Lionshead area. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposal will have minimal impact on these issues. The brew pub will be placed in vacant space within an existing building in Lionshead. Lionshead is served by Town of Vail bus transportation and the existing Lionshead parking structure. The facility is proposed to have air filtered on-site in order to remove odors associated with the brewing operation and should therefore have little impact on air quality in the area. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Due to the variance requested to allow 90% of the product manufactured on-site, staff believes that there will be additional impacts to the area. The amount of truck traffic to and from the site will be increased. The applicant has indicated that the delivery of raw materials used in the brewing process will consist of approximately 4 truck loads of product per year. Spent grain will be picked up in volumes less than one full pick-up truck Ioad per day. The beer and ale produced will be shipped out of the facility by one small panel truck load per day. Therefore, there will be additional traffic beyond that of a restaurant which could be permitted on the site by right without PEC review. Staff believes that due to the proposed size of vehicles (not semi's), that the additional impacts of the brew pub in this location will be minimal as it relates to general traffic congestion in the Lionshead area. Staff is concerned, however, with the operation and maintenance of the current loading area and conflicis with pedestrians. The facility has a substantial loading dock area. However, the area is typically congested with VA vehicles and other vehicles parked in the area that are not utilizing the loading facilities. This causes the area to be congested, unsightly, and dangerous for pedestrians and employees who pass through the area. This area has become a major pedestrian route to the ski yard. The existing dumpster facilities in the area are not well screened and often disorderly. There are in excess of 7 dumpster-type containers in this area. During several site visits, these observations were made as well as a very noticeable odor in the area. Staff believes that the area should be appropriately planned, screened, paved, striped, and signed to prevent this congestion, odor, and disorganization and reduce conflicts with pedestrians. The proposed plan does not address these issues and is the reason staff is recomr,riending that the item be tabled in order to . 3 allow VA to address these issues. Staff cannot support such a proposal until these issues are resolved. The applicant did not wish to table the item or go ahead with a worksession. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. This proposal is in harmony with the character of the area. The proposal does not increase the scale or bulk of the structure. However, we do not have any building elevations, so we are unsure exactly what is occurring on the south side of the building. Additionally, Section 18:26.040 (J), which allows brew pubs as a conditional use reads as follows: J. Brew pubs as defined herein, subject to the following conditions: 1. The is no exterior storage of supplies, refuse, or materials on the property upon which the brew pub is operated; and Staff Response: Staff does not believe that the applicant has adequately addressed these issues. As stated previously, no plan has been provided which explains how these issues will be addressed. 2. The operator of the brew pub shall comply with the Town's loading and delivery regulations as set forth herein; and Stafif Response: Staff does not believe that the applicant has adequately addressed this issue. As stated previously, no plan has been provided which can be evaluated with regard to use at this site. 3. Brew pubs which sell beer or ale at wholesale or which sell beer for off-site consumption are allowed so long as the total of wholesale sales and sales for off-site consumption do not exceed forty-five percent (45%) of the product manufactured by the brew pub on an annual basis. Staff Response: This is the regulation the applicant is seeking relief from. See Section V of the memo. B. FINDINGS The Planni na and Environmental Commission shall make the followina findinas before arantin conditional use permit: 1. That the proposed location of the use is in accordance with fhe purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply,.with each of the applicable provisions of the conditional use permit section of the.;zoning code. 4 I V. C.°.IT~E?Ie etin FiNnintrS F()R VoREANCE REQUESTS Upon review of Section 18.62.060, Criteria and Findings, of the Town of Vail Municipal Code, the Community Development Department recommends tabling of the requested variances. The recommendation for tabling is based on the following factors: A. Consideration of Factors: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance involves an issue of use. The use is somewhat unique in Lionshead, as this use does not exist in Lionshead. The proposed variance will create a use which is more manufacturing oriented than what the code had envisioned. The code, as it exists today, reflects the desires and recommendations of the owners of the Hubcap Brewery and Kitchen. The impacts of last year's code amendment which increased the brewing limits and the percentage allowed to be sold for off-site consumption has had little, if any, negative impacts on that neighborhood. The phenomena of brew pubs and micro- breweries is still evolving. The Town has taken a very conservative approach to these uses in order to monitor the impacts. Although this proposal varies from the regulations, staff believes it is appropriate in this instance given the proposed location and travel routes. Staff believes that the regulation may be overly restrictive at this location and therefore constitutes a hardship on the operation of this type of business. The parking variance is necessary due to the fact that this additional floor area now exists within the building due to the construction of the Eagle Bahn. Our code does not currently have a category which requires parking for increases in mountain skiing capacity, and therefore no parking was assessed for the Eagle Bahn. In essence what has occur is the creation of new retail floor area in Lionshead within the old Gondola Building. The code allows parking in the CC2 zone district to be provided by payment in lieu. However, the code also requires that 50% of the parking be provided on-site in the CC2 zone district. This existing site does not have ample area for providing parking on-site. Staff believes that the variance is necessary and reasonable given the existing development on-site. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. Few other regulations in the code limit operational components of a business. Typically conditions are placed on an approval to ensure environment compatibility with other surrounding uses. They are usually performance oriented intended to mitigate for impacts of a proposed conditional use. Staff believes that in this situation the regulation is overly restrictive. The condition of off-site sales is intended to address concerns regarding loading and delivery. Staff believes that in this location and at this building, loading and delivery issues could have less affect on the neighborhood than in other locations, such as the village core and other locations within the Lionshead Mall that do not have direct access. However, given ihe existing conditions, operation, and maintenance of the loading area, staff believes that the proposal will compound an already existing problem. The variance to not provide parking on-site and all provided via parking pay in lieu is not a special privilege since the applicant is, in essence, complying with the code via the payment in lieu. 5 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Due to the variance requested to allow 90% of the product manufactured on-site, staff believes that there will be additional impacts to the area. The amount of truck traffic to and from the site will be increased. The applicant has indicated that the delivery of raw materials used in the brewing process will consist of approximately 4 truck loads of product per year. Spent grain will be picked up in volumes less than one full pick-up truck load per day. The beer and ale produced will be shipped out of the facility by one small panel truck load per day. Therefore, there will be additional traffic beyond that of a restaurant which could be permitted on the site by right without PEC review. Staff believes that due to the proposed size of vehicles (not semi's), that the additional impacts of the brew pub in this location will be minimal as it relates to traffic congestion. Staff is concerned, however, with the operation and maintenance of the current loading area and conflicts with pedestrians. The facility has a substantial loading dock area. However, the area is typically congested with VA vehicles and other vehicles parked in the area that are not utilizing the loading facilities. This causes the area to be congested, unsightly, and dangerous for pedestrians and employees who pass through the area. This area has become a major pedestrian route to the ski yard. The existing dumpster facilities in the area are not well screened and often disorderly. There are in excess of 7 dumpster type containers in this area. During several site visits, these observations were made as well as a very noticeable odor in the area. Staff believes that the area should be appropriately planned, screened, paved, striped, and signed to prevent this congestion, odor, and disorganization and reduce conflicts with pedestrians. The proposed plan does not address these issues and is the reason staff is recommending that the item be tabled in order to allow VA to address these issues. Staff cannot support such a proposal until these issues are resolved. The applicant did not wish to table the item or go ahead with a worksession. The variance frorn the on-site parking requirement is necessary due to the lack of available area for parking on an existing site in Lionshead. The variance requested will have minimal negative effect on these criteria. The proposal will put additional demand on the Lionshead parking structure. However, staff believes that this use will not over burden the parking structure. B. The Plannina and Environmental Commission shall make the followina findinas before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extrao,rdinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. 6 c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IV. STAFF RECOMMENDATION The Community Development Department is recommending that this item be tabled until such time as the applicant has provided a plan which addresses the loading and delivery area in sufficient detail. If the PEC should choose to approve the request, staff recommends the following conditions: 1. That the conditional use permit shall be subject to call-up and review by the PEC if it is found that the use is not operating in compliance with the conditional use permit. 2. That if the building is substantially reconstructed, the conditional use permit shall become void. 3. That the applicant or property owner shall pay $777,653 into the parking fund for the 46 required parking spaces, unless reduced or modified by the Town Council by ordinance prior to a TCO being issued for the brew pub. 4. That the brew pub shall be equipped with an air filtering system to reduce potential odors associated with the brewing process. 5. That the applicant submit a detailed loading and delivery plan which addresses all uses that utilize this loading facility to the town staff for review and approval. The applicant shall reduce the number of refuse containers to one, and shall store all other refuse containers, grease containers, and propane tanks within the building and in accordance with applicable Town codes. Provisions shall be made for pedestrian access and other vehicles shall only be parked in designated parking spaces on-site. F:\EVERYONE\PEC\MEMOS\97\VABREW.609 ~ . 7 ~C~yU~I,~,-- l - - - - - ~ ~ ; ,C~:, I~ = !CCD ccb o ~ - - - _,~ooooo 000 oo ~ oo - 0 1 ~ o I o , ~ ° ° t:-b d-b G ~ ~ e~ 0 . ~ ~ o' I I~W CiW W Ci~ r~ O' 00000 ' L 0~ O~000 000 . OOOD00 ~ - - _ , - - i ~ ,10, - I , Or~~~., t7, / I ,r..~ ~ • I;J ~ I - -------1 -f~'.~--_ ~~i= - ~ - ~ t - - - - -I- - : . - ~ ~ ~ ~a•o• ' . 2e•o• ia•o 2e•a• ~a•o• . - ~ , VA ~b 6 I , I . TRACT C I TRACT C . 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DEC ~ cti C1! • pp I NG ~ v o rn` 2 s' I VEHICLE ACCESS ' CONCRETE SUPPpk7 yyqLL UTILITY EASEMENT / METAL POSTS--P / AS - / TR AC T H METER VEHICLE 0.1745 nc. accESs . ~ UTILITY a DRAINAGE ~ O ~ • ~ O1 EA5EAIENT 4b O / ^ Ob ~ A N oRaiN ~ GRATE op TIMBER WALL ~ ~ J S ~ ASFi LOADING TR TOR DOCK / ¢ ~ • S CON~AC D(0) ~O. ~ . ETAL POST~ ~ F.H. FENCE , L ~ i . i ~ f LOT 4, BLOCK I 1 VAIL/LIONSHEAD, FIRST FILING Vail Resorts Development Company Vail • Breckenridge • Keystone • Beaver CreekO • Bachelor GulchO . Arrowhead May 12, 1997 Mr. George Ruther Town Planner Dept. Of Community Development Town Of Vail 75 South Frontage Rd. West Vail, CO 81657 RE: Old Gondola Building Brew-Pub Application for Conditional Use & Application for Variance : Dear Mike: The purpose of this application is to request a conditional use for a brew-pub at the Old Gondola Building in Lionshead and a variance from certain limits in Sections 18.04.035 and 18.28.040.L. (regarding brew-pubs) of the Town of Vail Municipal Code. The code limits the annual production of beer in a brew-pub to 7500 barrels and further requires that 55% of annual production be consumed on site. The applicants is not intending to exceed the amount of beer and ale produced. However, The applicant requests that the amount of on site sales required be reduced to ] 0% of the annual production Settlngthe of the brewery. Standardfw wo,lecross Relationship of Variance to the Existing Uses and Structures in The Vicinity: AIpMeResorts! Lionshead is zoned Commercial Core II which includes this use (brew-pub) as a conditional use. Degree to Which Relief From The Strict & Literal Interpretation and Enforcement of A Special Regulation is Necessary: The Old Gondola building is equipped with loading docks, truck staging area and a freight elevator system which will make deliveries and shipments feasible. In addition, a portion of the product created within the brewery will be shipped onto the ski mountain for use in on mountain food service venues. This product will be transported via the tunnel/gondola shipping system connected to the Old Gondola Building. The impact of the brew-pub's wholesale production will be reduced by each barrel shipped up the mountain. Effect of Variance on Light, Air, Etc. 1. Opening the Brew-Pub should help other businesses in Lionshead by keeping skiers in the core area and by providing a locally made product to those businesses which would like to buy the product (this would further reduce the amount of product shipped by truck). 117-1471111" ~ ` 2. The wholesale product not sold to local businesses and not shipped to on mountain food service j facil ities will be shipped out of Vail by truck from the West side of the Old Gondola Building. ~ This will increase truck traffic. However, this will be coordinated to take place during lower traffic volume periods. . 137 Benchmark Road • PO Box 959 • Avon, Colorado • 81620-0959 . phone 970.845 2535 . fax 970.845 2555 C~ w 3. There should be no impact on public safety. 4. The Old Gondola Building has adequate truck loading, sewer, water, power and natural gas facilities to handle this use. 5. The production of beer that is intended to be used in this facility has no odor impacts. The waste products are not toxic and are safe for disposal in a municipal sanitary sewer system. Compliance With Town of Vail Comprehensive Plan The Comprehensive Plan emphasizes amenities and services that enhance the guest's experience. The brew-pub would provide a true Bavarian beer and ale product in line with the atmosphere of the Town and would hence provide just such a service as described above. The Hubcap Brew-pub in Vail Village is an example of this type of establishment. We would like to provide a similar experience for the Lionshead guests. Effect Upon the Character of the Area, Etc. The brew-pub should provide an additional amenity in Lionshead for guests, and should make Lionshead a more desirable location for guests to spend their time. There is no effect on the biilk, size or shape of the Old Gondola Building will be located inside of the existing building (in the Old Gondola Terminal Space). Relationship and Impact on Development Objectives of The Town This proposed use will be consistent with the development objectives of the town because it will provide an additional guest amenity. Please call with questions. Sincerely, + cc: Ingrid Keiser - Kent Myers David E. Thorpe, Manager, Pre-Construction Ed O'Brien Design & Construction Joe Macy Jack Hunn File: Brew-pub 107.1 ~ l Vail Resorts Deyelopment Company Vail • Breckenridge • Keystone • Beaver Creek@ . Bachelor GulchO . Arrowhead May 14, 1997 Mr. Dominic Mauriello Town Planner Dept. Of Community Development Town Of Vail 75 South Frontage Rd. West Vail, CO 81657 RE: Oid Gondola Building Brew-Pub Supplemental Information - Conditional Use Application Dear pominic: Thank you for calling me on May 13, 1997 to clarify items that the Town of Vail requires to complete the application for conditional use for the brew-pub project at the old gondola building. It is our understanding that the clarifications within this letter will make our initial application complete. The following items were delivered to the Town of Vail Department of Community Development on May 14, 1997: Setting the Standord(or 1. Floor plans of the proposed brew-pub WorldClats AlplneResorts! 2. New envelopes for the mailing list of adjacent property owners. In addition to the above items, you requested that we clarify the following: 1. Parking plan and needs: It is our intention to pay a fee in lieu of constructing additional parking spaces. We do not have space in which to construct additional parking at this time. If this requires a variance of.any sort we hereby request that variance as a part of this application process. Please notify me of any additional formal documentation that you would require relative to this need. 2. Loading and delivery plans: Enclosed for your review are photographs of the loading dock and the approach road at the West side of the old gondola building. This loading dock would be the point of transfer for raw materials (in bound), solid waste products and beer and ale products (outbound). The old gondola building is equipped with a freight elevator and warehouse space capable of handling the inputs, outputs and work in progress of this new operation. The ~ delivery of raw materials will consist of approxim tely four (4) truck loads of product per year. That product would be malt arhops. Spent grain would be r 137 Benchmark Road • PO Box 959 • Avon, Colorado • 81620-0959 . phone 970.845 2535 . fax 970.845 2555 C~ . ~ ~ picked up by a local livestock owner in volumes of less than one full pick up load per day. The beer and ale product that would be shipped out of the facility would amount to one small panel truck load of product per day. These deliveries and shipments will be scheduled to avoid peak traffic periods season by season. We would be happy to get as specific as is practically necessary to clarify this information. 3. Clarification of duration of conditional use request: It is our hope to make the brew-pub a successful, long term venture in Lionshead. We tuiderstand that the community is currently conducting a master plan process for Lionshead. We will work with the Town of Vail Department of Community Development to respect the master planning process. We would prefer to achieve a conditional use permit without a time limit since this is an acceptable use (brew-pub) within Commercial Core Two. We realize that our request for variance and the nature of the use may make this request more complicated. We are more than willing to discuss the , appropriate approach to this issue. Thank you again for working with us to clarify this application process. We remain available to further discuss these, or any other issues that arise relative to our plans for a brew-pub. Sincerely, cc: Mike Mollica - TOV _ Kent Myers David . Thorpe, Manager, Pre-Construction Ed O'Brien Design & Construction Ingrid Keiser ' Jack Hunn Joe Macy File: Brew-pub 107.1 ~ ~ ~ , . . _ . • l t!r w. - ' jr I •r''~'•i; •;C' f~`c n 3 ~.n~~°~ ' •p•.'~: ' 4~ ' .J, ~ ~,i,•"•',_. b i l: Y -;t,,, • i R4 t~'~l _ r.i~~•.~~.~y,~1~..~.'tr,~'..~~..,~, . - - 'u:: ,.~5;~", :;ts'`~`?,~ r . ~ ..i~`•-~ 1 ':.;r ' r - . sY ;s ^ r . xv;vr~~;;~:+~,,.,.~g~.. . , . . ~,'~3.s. 'd;~~~'`' ' . . 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Applicant: Vail Associates, Inc., represented by David Thorpe Planner: Dominic Mauriello Dominic Mauriello gave an overview of the staff memo. He said that staff was recommending that this item be tabled because of the inadequate loading and delivery plan. He said the area was traversed by pedesirians and parking and dumpsters did not present an aesthetic or critical situation. He said the problem would be compounded, since 90% of sales would be off-site, compounding the problems with the loading and delivery area. Greg Moffet asked if the loading and delivery impacted the conditional use or the variance. Dominic Mauriello said, both. He said that staff said the area needed to function to address pedestrians and not be an eyesore. He said the Town's approach to Brew Pubs was very conservative when these uses first came before the Town, as with the Hubcap site. He felt that this site lent itself to being more production oriented than the Hubcap, due to the ease of access and loading facilities. The loading area just needed to be maintained. He said staff would like to evaluate the plan before the final review by the PEC. He told the PEC to delete condition no. 3, . as the pay-in-lieu may change due to a modified floor plan. Dave Thorpe, with Vail Resorts, said the Bavarian brewing process would be the first in the U.S. and would bring life to an empty space. He said it was a complex project because it involved an overseas company. He said it would take 2-5 years to get financially profitable. He said, to clarify the parking-in-lieu, that 25% of ihe deck would be open and provided as an outside seating area. He felt the loading dock area should not be a burden to the tenant. He gave a delivery breakdown: solid waste (spent grain) required a pickup once a day, beer and ale would require one panel truck per week and raw materials would require (5 ton panel truck) one to two trucks per month. Joe Macy said the Ioading dock area was controlled by a gate in the winter. He said his (VA) parking was there, so he had an opportunity to observe and suggested perhaps scheduling the trucks when it was not busy. Greg Moffet asked for any public input. There was none. Galen Aasland said it was a good use and asked if the pay-in-lieu would count towards the new building. Mike Mollica stated, under the existing parking regulations, it would be credited to any new building. Ann Bishop applauded this use of the gondola building and said she would be of the opinion to approve the request at this meeting. Diane Golden said you can't tie the loading dock into this application and agreed with Ann. Jahn Schofield advised moving forward but with the conditiorl`of coming to a conclusion with the Planning and Environmental Commission M inutes June 9, 1997 ' 12 DRAFT loading dock, which was critical. He said the loading dock was not up to standards and had to be fixed and with that provision, he saw no problem in moving ahead. He asked if that was something staff could review or the PEC. Dominic Mauriello said with direction, staff could work it out with the applicant. He stated the issue also included aesthetics, screening and pedestrian access. Dominic Mauriello said he had observed the area for several months and that parking and too many dumpsters were on the loading dock. Dave Thorpe stated the silver bins were used with plastic liners for garbage and with 'liners removed, to transport food up the mountain. Greg Amsden asked if health standards were up to snuff. Dominic Mauriello said, based on the odor, no. Ann Bishop said a Bavarian Brewery would make sure it was clean. Greg Moffet said it was a very busy dock. He said it may not impact the tenant, but in order to see it move along, there needs to be several conditions. He said that since it was a conditional use, we can add conditions such as; prior to a TCO, the applicant would have to meet all relevant codes, including health codes, appearance issues, pedestrian issues , visual screening and a control gate. Greg Amsden asked what the code stated regarding outdoor dining. Dominic Mauriello said the use was assessed for parking for the indoor dining area, based on the UBC occupancy standards for the area. He said the Town had not assessed outdoor dining decks anywhere in Town. Ann Bishop made a motion for approval in accordance with the staff memo, with the deletion of condition no. 3. John Schofield seconded the motion with change of wording for condition no. 4 to read: before obtaining a TCO, the site shall be in compliance with all applicable health codes and other Town requirements. Ann Bishop seconded the amended motion. John seconded the amended motion. Kaye Ferry said she objected to a manufacturing business and wanted a definition for "substantially reconstructed." John Schofield reminded Kaye that this was a conditional use and could be called-up. Kaye Ferry said that Lionshead was planned to be reconstructed to have on-site parking. Planning and Environmental Commission Minutes ~ June 9, 1997 l 13 DRAFT Greg Moffet said the conditional use permit voids out, if the building becomes substantially reconstructed. Ann Bishop included in her motion the findings on page 6 of the staff inemo. Greg Moffet recommended only including finding 3b and the findings on page 4 of the staff memo. Dominic Mauriello asked about the issue of screening. Ann Bishop amended her motion to include finding 3b and the findings on page 4 of the staff memo. John Schofield seconded the amended motion. The motion passed by a vote of 6-0. John Schofield gave direction to the applicant to clarify the loading area with staff, prior to a CO being issued and that the conditions of the loading dock should be approved by staff to include the dumpsters, screening, compliance with appropriate codes and the pedestrian flow. ~ Planning and Environmental Commiss}on Minutes ~ 14 7une 9, 1997 1 _ r.. [.TJUN 11 '97 04:03PM V A PLAN CONST gCI-NZ,HOPS-ASB-(EFA P: ?!3r 81 ep/,Lj/j»I j~..~fU JYJ Iif V ~ • gEVEitAGE CONSUI.Y INYERNATIONAL, INC. Evergreen PlAZa, Suite 42E • 4602 Ptclinet LanQ v Fvcrgrccn, Cvlorado $0439•7300 U.S.A. ri,one: 303-6742251 0 Fax: 303-727-6555 . Re[:201vRD-ThQ2 - Pagc QI d Oz l 1 997-06-11 Fax: (970) 479-3148 To: Vail Resorts pevelopmeat Company . 600 Lionshead Mall ' J~ l, JUN ) ~~9~ Vail, Colorado 81657 L' ~ Attri: Mr. David Thorpc • ' , j Manager, preconstruction Servicts . Design dc Conscruccion ' ' - - NumbeC M nag'c%: 1 onr (including thiii one) RojtC1 1D.' K~7-096~dU6-07I ' . Dear Dave, . . This memo serves to highlighc'sorne of the key issues and concerns percaining to the brewpub project raised during the mcctings held in Vail on June 9, 1997. These points may be heipful when Vail Town Council meets this coming Tuesday night to discuss the project, and 1 am scheduled co be presenc at the meecing to address these and/or other issues which may come up pertaining to the brewpub project: " The concern raised during the meetings, chac the br'ewGry project may in thc fuCure include a boEtling line can be eliminated, since this is not being considered by the brewery. Please observe that the space allocated for the brewery, a5 well as the shipping area wou{d not accomodate a bottling opcraiion_ The request is tv only install a reasonably sized brewpub producing highest quality Bavarian styte beers to be served at the brewpub directly from servmg tanks or kegs, as well as having the abili[y [o fill kegs being shipped to a distribu[or for sales outside the brewpub premises enabling the brewpub to be a Fioancially viablc business. " The concern abouc shippiag of up ta 909b of the production from the brcwery was raised as a possible concern re cangestion at the exis[ing shipping area. Please observe, chat the volumes considered beiag shipped mean only about an average'of 150 kcgs per week or one small panel cruck taad per week_ , Even at doublc thac foc scheduling purpose such traffic would ttoe burden the existing traffic nor obstruct the access to the area. They would cerwinly be scheduled co be loaded directly . from the freight elevator not eluctei-ing the,loading dock, and at the most eonvenient time, since the norma) operacing. hours would be between 06:00 A.M. through 22:00 P.M. Orviously any brewpub prefers to scll its beer in its own brewpub duc to financial . advantagcs, but a[most all brewpubs rous[ seU some or most of their beers outside at cettain times, when sates at the brewpt,b itre tow, This size of a brewpub can not be , considered a so-called "factory or manufacturipg facility"! ` ~ . • Continual on Page 02 qf 02 6/JUN 11 ' 97 04 :03PM V A PLAN CONST BCZ-NZ, {-pPg-qSg-{(EFA P. 3i3 02 ' . ' , BEVEttAGE C4[VSULT INTERNATIONAl,, INC. Evpr9rfCA Pla7a, Suile bZF • 4602 Plctlnor I,ane ¦ Evergreon, Colorado 80439•7300 U.S.A. . Vlione; 303-674-2251 • Fax; 303-727-6555 • Ref: ZO/VRD-i'hO2 Page 02 of 02 . • 1997-06-I1 ' rhe raw macerials such as malt. hops, etc, will be delivered bi-weekly or monthly by a smail truck. 7}te unloading will be in front of the fceight elevator, end moved immediacely up to the bcewery, thus not cluttering the loading dock. ' Simitarly che spent grain will be used as cattle feed, and the amount from the brewery will amouvt to one pick-up truck per day and only moved to the dock. when the Eruek is ready for pick-up. * Due tv the special brewery equipment and brewing technology used this brewery wi]I hot produce any odors nor air pollution ofEen associa[ed with brcweries, such at vapour cloud s! = This brewery does not pcoduce any toxic or dangerous by-products. Please advise regarding che time for the council meeting, and if you and/ar the council members need aay other ir?formation prior to the meeting pertainiqg' to the project. With kindest regards fpr, 6everag,e ConsulL lnternationai, inc. Finn B. Knudsen • • President . ' . / . . . ~ u ~y TOWN OF YAIL 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 970-479-2105/Fax 970-479-2157 MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: June 13, 1997 SUBJECT: Town Manager's Report Land Ownership Adjustment Agreement As you are aware, we have been negotiating with the U.S. Forest Service to implement the land Ownership Adjustment Agreement. This transaction was scheduled to be complete in late May or early June. We are currently experiencing a delay in implementing this agreement. This delay has been created by the Bureau of Land Management (BLM). We are actively working with the Forest Service to resolve this problem. The delay in completing this transaction will also delay our planned transactions with private property owners (e.g., Rockledge or Ptarmigan Road). The delay in closing these private transactions will affect the RETT budget. As you will recall, when the 1997 RETT budget was prepared, we budgeted money ($1.7 million) from the sale of some of these LOA properties as RETT revenue. To the extent we will not be receiving this revenue this summer, we will, as discussed several weeks ago, be forced to delay some of the RETT projects planned in the next couple months. We are actively working to resolve this matter and will complete this transaction as quickly as possible. I will keep you advised as we progress on this matter. West Vail Bike Path/Ford Park Bike Path Due to the previously described delay in receiving some RETT revenues, it will be necessary to delay some of the budgeted RETT projects. There are two RETT projects, however, that need to go forward. These projects are the West Vail bike path and the Ford Park bike path. The West Vail project involves the construction of a bike path from the West Vail interchange to Donovan Park, where it will connect with the existing path. This path will be detached from the Frontage Road. This section, along with the Dowd Junction section, will complete the bike path in this area. Because of the completion of the Dowd Junction section, we anticipate increased bicycle traffic in this area and need to complete this section of the path as quickly as possible. RECYCLEDPAPER ~ . ~ The West Vail bike path has been designed, bid, and is ready to proceed. The low bidder was Continental West Construction, with a bid price of $320,000.00. Unless the Council objects, we will be awarding this bid on Tuesday. Because of the delay in completing the LOA, we will need to address the project funding. It is my recommendation we temporarily fund this project from the General Fund fund balance.' The fund balance can be repaid when the LOA transactions are complete. The second RETT project is the Ford Park bike path. This project involves the construction of a bike path from Blue Cow Chute to Ford Park. This path will significantly enhance pedestrian safety in this area and was included in the approved Ford Park Management Plan on April 1 st. Because this project is currently being designed, we do not yet have a cost estimate for it. Our intention is to incorporate the Ford Park path work into the contract for the Frontage Road repaving. CDOT intends to repave the Frontage Road in mid-August. Our plan is to piggyback on this state contract. I will update you as soon as we have completed the design and have a cost estimate. At that time, we can discuss how best to fund this project. However, the most likely funding option will be the General Fund balance. TCI Franchise Aareement In 1994, the Town renewed the Franchise Agreement for cable TV with TCI. In consideration for a 15 year term, TCI agreed to rebuild the cable system within the Town of Vail. The agreement provided the new system would utilize a fiber optic technology which woutd improve signal reception and provide increased channel capacity. It was estimated this rebuild would increase ban width enough to increase channel capacity from its current level to approximately 100 channels. The deadline for this system rebuild is January 5, 1998. Several weeks ago, at the request of TCI, Tom Moorhead and I met with representatives of TCI to discuss the system rebuild. At the meeting TCI proposed to eliminate the system rebuild and provide increased channel capacity through "digital compression technology." Digital compression technology was specifically prohibited in the 1994 Franchise Agreement. At the meeting, Tom and I indicated this would require a modification to the Franchise Agreement and would require the approval of the Town Council. We also indicated that we (Tom and I) would not be able to support any changes to the Franchise Agreement. At this time, we are waiting to hear from TCI regarding this matter. RWM/aw 1There is a possibility this project can be funded from unanticipated revenues. We budgeted $1.7 million in transfer tax revenues. If current trends continue, there is a good possibility collections will be $2 million this year. If this occurs, it will not be necessary to use the General Fund fund balance. 6-10-1997 10=03AM FROM BRIDGE ST PARTNERS 9704760320 P.2 rune 9, 1997 YT. S. Forest Service . White River National Focest Centlemea: We wouId hce to express our extremely serious conccrn and worry about the possiliiifiy that Rock Hatd Nicing GompaY?y may be allowed to mine, even on an "exploratory" basis, our public lands speciftal.Iy the Whrte Itiver National Forest. Absent public input and mvolvement, the YJ. S. Forest Service appears to be willittg to permit this Texas-based private company to jeopardize amd de£ace a deficate and beautif'ul natural area foz profit- taldng puxposes. There is no such thing as `Snegligible im;pact" resuhmg from "casual use" as alluded to recently ioa the Iocal newspaper - wluch may be the justification. for allowing Rock Hard Mining Comgany to proceed wM its zntrusion mto Qur public asset. Vile aze Oull-tuoa.e residents and property owners in East Vait aud have been here since 1990. Obviously, ome of the $ttractions for us to the Vail Va11ey, and to East Vail m . particular, was the forest itseLE Our hoxne is situated approximately 150 yards from t6e foxest boundary, which would be affected by this Texas compauy's potential activities. From the standpoint of the public $ood, the mere suggestion that in 1997 any person or company couid mme ar othezwie violate our Wational. Forest is inconceivable! However tbxs process is handled, it must include careful consideration and the opportunifiy for sI1 affected parties to provide open end public input. We, and all our East Vail neighbors, impiure yotz to do the right tiiing by wWihold'uoig approval of access to tbxe National Forest for this or any other damaging and eaaviuronmentally irresponsable type of aativity. Thank you for your attention to this crmicai issue. Sincerely, . Robert A. Scott and Faye nl Scott 5075 Ute I,ane VA CO 31657 copy to: All Maoibexs, Cvuucil, ofthe Town of Vail Managioa.g Editox, Yail Trail Managiag Editor, Yail Daily Managing Editor, Yai! Yalley Times J U N- 1 1 - 9 7 W E D 3- 2 0 P_ 0 2 RANDAL H. WOOD$ 55 Meade Lane Englewood, CQ $0110 June 10, 1997 To: vail Viliage Town Cauncil From: RandaZ Woods, President Plaza Lodge Homeowners Association . Re: Vail V'illage Nuisance Noise Issues l ~ As president of Plaza Lodge Homeowners Association, 1, as we11 as the other homeowners and renters of the Plaza Lodge, are canaerned with the noise problem in the Viilaqe. The Plaza Lodge consists of seven luxury condominiums lacated at the top of Bridge street. we are concerned with nuisance noise from all sources at all times of day, but are particularly concerned with amplified music exceeding the current aode after lOpm. I, personally, have calied the police on each of my summer and winter visits in the last year to complafn about loud music from the Hong Yconq Cafe after i0pm. The patrons open the windows allowing loud ampZified musiC and crowd noise to bombard our condominium making it fmpossible to sleep. The music is often so loud that even when their windows are alosed it does not help. We recommend that the current ordinance 18.58.210 should bE strictly enforced and a new regulation with a lower decibel level be considered. rn addition, we recommend that the streets be patrolled between 12am and ' 1:30am to prevent drunken bar patxons from disorderly conduct or from disturbing the peace. ~ incer , ~ I ndal H. Woods president Plaza Lodge Homeowners , Association I : ' James Franklin Lamont 970-827-5856 06/11/1997.10:37:48 PM P.1 dun. 6.1997 4:39PM RSC INVESTMENT BANKING No.6500 P. 2/2 ~Gt~ot-. d~~ux:µt,d, ~ ra • 9 ~1 ~5 , ,~;~,~t~, Northwoods Condominium Association YC' C P O Box 1231, Vail, Colorado 81658 Phone: 970-476-3486 Fax: 970-479-9093 ~u,y,~ ?~'~,c,(A-dt~~ KuA K?~~ , V UF 8~6 . e a~. , TO: , Mayor Bob Armour and Vail Town Council via FAX #970-479-2157 - FROM: Northwoods Condominium Association SUBJECT: Noise Issues Public Hearing June 10, 1997 2:00 p.m. The specific noise problem that directly affects our homes in Northwoods is the noise that accompanies concerts and special events at the amphifheater in Ford Park. This , includes the volume of noise, duration, and late-night operation. The customary noise level interteres with reiaxing, resting, and prevents sleeping. It is absolutely incompatible with comfortable residential expectations and requirements, and severely damages a- summer vacation experience in Northwoods. We in Northwoods are supportive of the efforts elsewhere in town to reduce noise levels, but want to take this opportunity to specificafty direct attention to our problem with amphitheater noise. Thank you for your attention to this. _ THE NORTHWOODS CONDOMINIUM ASSOCIATION Arturo Brillembourg, President Jeanne Robertson, Board Member cc: Jim Lamant Executive Director East Vail Homeowner's Association ~ , . u TOWN OF VAIL 75 South Frontage Road Office of the Town Manager Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 MEMORANDUM TO: Vail Town Council FROM: Pamela A. Brandmey'~~eAssistant Town Manager DATE: June 11, 1997 RE: Concrete Repair, East Meadow Drive/Alpenrose Location Rob and Kevin indicated yesterday there was a piece of concrete ajar in the near vicinity of the Alpenrose restaurant on East Meadow Drive that would pose an immediate hazard to bicyclists. I pointed this out to Larry Grafel and Jim Hoza yesterday afternoon and this morning was informed that this was already scheduled to have been repaired on Tuesday, but because of the rain it was postponed until today. Please see attached Public Works listing of projects, item number 6 under Streets and Roads Division. If you have further questions please don't hesitate to let me know. Additionally, thank you for your timely input. PAB/aw Attachment xc: Bob McLaurin Larry Grafel Jim Hoza RECYCLEDPAPER Printed by Anne Wright 6/11/97 1:42pm From: Debbie Roeland To: PW PRIORITY GROUP Subject: fwd: Priority List -==NOTE====------=====6/10/97=12:54Pm=====__________________________________ PUBLIC WORK'S PRIORITY LIST FOR THE WEEK OF - June 10 - 17, 1997 PARKS DIVISION: 1. Continue Ford Park Project (30-9099) 2. Coordinate Seibert Circle art project with AIPP Board. (10-155) 3. Utilities - RE: snow melt system (10-175) 4. Continue design of the Ford Park bike path. (30-9079) 5. Remove beetle infested trees at Buffehr Creek. 6. Begin design on North Trail over Buffehr Creek. FACILITIES - BUILDINGS 1. Paint reception area at Human Resources. 2. Repair items recommended on building survey. 3. Paint handicap parking spots at parking structures. 4. Replace trash receptacles at parking structures. 5. Touch up paint at Vail Information Center. 6. Repair Vail Parking Structure's ticket island. 7. Order motor for fan at Lionshead Parking Structure. FACILITIES - CARPENTERS 1. Construct trash receptacles. 2. Repair Pirate Ship Park. 3. Repair Kinnickinnick bridge. 4. Add siding to bear-proof trash receptacles. 5. Install Assistant Town Manager's door. FACILITIES - ELECTRICIANS 1. Street Light Repairs - Hansen Ranch, Aspen Lane, Blue Cow Chute, Red Sandstone, East Meadow Mall and West Gore Creek Drive. 2. Install fixture for Youth Center. 3. Add receptacle at Information Center. 4. Remove disconnect at East Vail Fire Station. 5. Change receptacle at vehicle wash. 6. Install light for Bus Wash exit. 7. Perform line locates at Roundabout. 8. Install walk path lights. 9. Install surge protector at Library. 10. Add power for lawn sprinklers at various locations. 11. Repair light near pobson Ice Arena. 12. Wire Fleet Maintenance shop welder. STREETS AND ROADS DIVISION: 1. Cracksealing: a. Intermountain b. Bike paths 2. Paint striping: a. Police Department parking lots b. International bridge 3. Dig ditch @ Buzzard Park for Susie H. 4. Sign maintenance: a. Make new cedar sign posts b. Fabricate signs for West Vail Roundabout bridge detour 5. Remove & re lace as halt @ West Forest Road (prep for overlay) - e ace a a a bus stop. 8. Street Sweeper: a. East Vail b. Bike paths c. Bridge Street/Village Core 9. Haul street sweepings away. 10. Install totem poles at VIP gates 11. Power wash: a. LH Mall b. Crossroads to International Bridge (rock ditch) 12. Clean rockfall ditch. 13. Potholes: a. West Vail (frontage roads) b. Village (Gore Creek Dr.) c. Village TRC (frontage road) 14. Install storm drain behind town shop. 15. Skin patch Check Point Charlie. Fwd=by:=Pam=Brandmeye=6/11/97==1:12pm_______________________________________ Fwd to: Anne Wright Please attach to Council memo, highlighting #6 under STREETS AND ROADS DIVISION. Thank you Page: 1 : TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 - MEDIA ADVISORY June 11, 1997 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR JUNE 10 Work Session Briefs Council members present: Armour, Foley, Ford, Jewett, Navas --Amplified Sound Discussion and Site Visits Following a presentation by sound consultant Howard McGregor and an on-site amplified sound demonstration on Bridge Street, Councilmembers gave the following direction to Town Attorney Tom Moorhead: • Maintain the current 65 decibel level provision for amplified sound. • Remove a conflicting provision in the town code that restricts exterior sound beyond the walls and ceilings of restaurants and bars to 50 decibels. • Explore adding sound-proofing requirements to new construction standards. • Require amplified sound permit-holders to close their doors and windows at 10 p.m. • Allow only food and beverage establishments the ability to amplify (canned) sound outside their businesses without other activities, such as live performances or outdoor dining. The speakers must also be turned off at 10 p.m. • Ask permit-holders to use common sense so as not to abuse the intention of the permit. Also, town staff is not to r.espond to anonymous complaints. • Resume the processing of new amplified sound permits on an annual basis. (Since December 1994, the town had suspended issuance of any new permits until the issue was resolved. There are currently 18 permit-holders in the Village and Lionshead.) The conclusions were reached after hearing public comments which included: Jim Lamont of the East Village Homeowners Association who suggested the need for design code standards for new construction and the need to work with Vail Resorts to reduce the noise generated by snowmaking operations; Sheika Gramshammer of Pepi's who said amplified sound should be retained, with more emphasis on controlling street noise after 10 p.m.; Jack Curtin of Curtin-Hill Sports, who asked the town to enforce the existing zoning regulations which require the 50 decibel limit for bars and restaurants; Kaye Ferry of the Village Merchants Association, who said additional restrictions are unnecessary since only two violations occurred last summer; and Todd (more) RECYCLEDPAPER ; TOV Council Highlights/Add 1 Howell, sound engineer at Garton's, who explained how engineering improvements can be easily made. During the tour, Councilmembers used a sound meter to measure Gore Creek, 65 to 75 decibels; amplified sound at the Ore House, 60 to 62 decibels; and the intersection of Bridge and Gore, 60 to 65 decibels. Also, an experiment at the Red Lion saw readings of 80 decibels on the street with the music turned up and the windows open; however, the same volume was reduced to 65 decibels when the windows were closed. Mayor Bob Armour said the tour was educational in that a little bit of noise turned out to be a lot of noise and vice versa, depending on the character of its origin. Councilman Rob Ford said he sees amplified sound as an enhancement of the experience rather than being used to solicit business. He asked permit-holders to use common sense in determining appropriateness. Councilmember Sybill Navas suggested eliminating the provision that allows permit holders to amplify (canned) sound outside their business without other activities, such as live performances or outdoor dining. The suggestion was later modified (see above). Councilmembers Kevin Foley and Michael Jewett asked that establishments be good neighbors to one another to prevent problems. For more information, contact Assistant Town Manager Pam Brandmeyer at 479-2113. --DRB/PEC Report During a review of Monday's Planning and Environmental Commission meeting, Councilmembers voted 5-0 to call-up PEC approval of a conditional use permit to allow for a brew-pub in the old Gondola Building in Lionshead. Several Councilmembers expressed concern about off-site sales and the pay-in-lieu parking requirements. The matter will be heard at the June 17 evening Council meeting, with a site visit scheduled for the afternoon work session. Also during the PEC report, Councilmembers were briefed on the outcome of three requests filed by Vail Resorts: a sign variance at the Golden Peak ski base; a zoning code amendment request to allow for outdoor commercial ski storage as a conditional use and to allow for indoor commercial ski storage on all building levels in Vail Village and Lionshead (CCI and CCII); and a request to amend the Golden Peak ski base development plan to allow for commercial ski storage, a parking lot attendant booth and outdoor wire ski racks. Several Councilmembers asked why Vail Resorts seemed to be coming in after the fact to resolve the issues. In response, Town Attorney Tom Moorhead said the town's philosophy has been to bring violators into compliance through the town's application process rather than cite them into Municipal Court. Moorhead said it happens with single family houses, businesses and other developments--large and small. As a follow-up, Councilman Kevin Foley asked that installation of an awning at the Single Track shop in the Gondola Building be researched for compliance. Also, Moorhead agreed to follow-up on code violations at Apollo Park. During the discussion, staff members from the Community Development Department acknowledged the absence of a code enforcement division within the department and its current low priority status. It was suggested the Council may wish to revisit the issue in the future. (more) . TOV Council Highlights/Add 2 . It was also announced that the Austria Haus Special Development District application was approved by the PEC Monday. First reading of the SDD ordinance will be heard by the Town Council at its June 17 meeting. For more information on Austria Haus, contact George Ruther in the Community Development Department at 479-2145. --Information Update The Council heard from Craig Arford, owner of Vail Bike Tech in Lionshead, who expressed concerns about his continued ability to display bicycles in front of his shop, located on the west side of the Lift House Lodge building. The town's policy on the display of outdoor goods requires the use of rivate property for such displays immediately in front of the retail business. In Arford's case, the property in front of his store is public right-of-way. Arford said the inabifity to display bikes in front of his shop would create a hardship for his business, due to the lack of visibility. He wondered if he could lease space from the town to continue the operation. During a brief discussion of the issue, Council members agreed to allow Arford to continue with the outdoor display, allowing time for town staff to explore if other businesses are impacted within Lionshead or the Village. Assistant Town Manager Pam Brandmeyer said an update would be given at next Tuesday's work session. For more information, contact Brandmeyer at 479-2113. Announcements included: a reception this week for the new director of the Eagle Valley Land Trust and distribution of a meeting schedule for the I-70 corridor study. --Other Councilman Rob Ford reported some concrete disrepair on the in-town shuttle route. Ford also inquired about the timing of the Public Works seasonal housing discussion, scheduled for June 24, and suggested the town explore the possibility of renting seasonal housing for TOV bus drivers as a back-up plan. Ford said he didn't want the town to be faced with another bus driver shortage next season due to lack of housing. Councilman Kevin Foley suggested letting the public know when the Dowd Junction bike path would be paved so those currently commuting on the path will have time to make other plans. --Council Reports Kevin Foley reported on last week's meeting regarding the rails to trails plan for the railroad abandonment project from Gypsum to Leadville. The group agreed to pursue a plan in which the State Parks Board would purchase, construct and operate the trail. Kevin Foley and Rob Ford participated in the walking tour for the Lionshead public view corridors. Bob Armour attended a Vail 99 meeting in which a mascot, chosen by area schoolchildren, was confirmed. (more) . TOV Council Highlights/Add 3 UPCOMING DISCUSSION TOPICS. June 17 Work Session Site Visit and Discussion of Dirt 8icycle Course next to Buffehr Creek Park Site Visit, Brew Pub Call-Up Presentation of Silver Wreath of Valor to Fred Carsky . Discussion of Austria Haus Special Development District Contribution Process for 1998 Budget . June 17 Evening Meeting Audited Financial Statements First Reading, Ordinance #12, Austria Haus SDD Brew Pub Call-Up June 24 Work Session PEC/DRB Review Community Survey Results with Chris Cares, RRC Public Works Seasonal Housing Lionshead Redevelopment Master Plan Update First Quarter Financial Report Ju/y 1 Work. Session NWCCOG Water Quality/Quantity Update Ju/y 1 Evening Meeting Second Reading, Ordinance # 12, Austria Haus SDD Lionshead Redevelopment Master Plan Update # # # • u ~y TOWN OF YAIL ~ 75 South Frontage Road . ~ Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 Junc 11, 1997 TM I3uffchr CrccWVail Commons Nci3hbors: Wc nccd youn celp. On behalf of thc Vail Town Council,l'd likc to invitc you to participate in a . discussion regdrding the dirt bicyclc courtie located next to Buffehr Creek Park. The discu~.tiion will takc placc at thc sitc cluring our work scssion bcginning at p.m. Tucsclay, Junc 17. At that timc, wc'd likc to hcar from you regarding three pos.tiibic options: • Ieave the dirt bicycle course unchanged until early 1998 when a neighborhood public rroccss will bc uscd to dctcrtninc the site's futurc usc • modify thc coursc through rcdcsi3n, rcconstruction and/or rcbuild (unfundcci financial implications) • rcmovc thc coursc This situation is a difficult onc in that thosc who built thc coursc did so with thc bcst of intcntions. At thc samc timc, wc madc a cornmitmcnt to you latit July to collaboratc with thc ncighborhood to dctcrminc thc bcst utic for thc lot. Whcn thc Town purchasccl thc quartcr-acrc narccl latit Junc for $190,165, our purposc wa.ti to cxpand Wcst Vail's rccrcation/oncn snacc to furthcr cnhancc and cnlargc thc cxisting Buffchr Creck Park for thc ncighborhood, to includc our ncw Vail Commom homcowncn. Although wc apPlaud thc in3cnuiry of tliosc who found a crcativc way to usc thc town-owncd nrorcrry in thc intcrim, wc fccl compcllcd to rcncw our dialoguc with thc ncighborhood to mal:c surc all thosc who arc intcrestccl in this park usc and clcvclormcnt havc a chancc to bc hcard. 1 look forward to sccing you next Tuc1day and hopc you'll cncouragc your fricnds and ncighbors to narticiratc, a.ti wcll. If you cwi't attcnd thc mccting, pleasc tiharc your thoughts ahcad of timc by faxing thcm to us at 479-2157, or lcavc a mmsagc on our Town Council voice mail at 479-1 8f0. Thanks, in aclvancc, for tal:ing thc timc to bc involvcd in your ncighborhood devclopmcnt. Sinccrely, T N OF VAIL • 442( Mayor I3ob Armour cc: Vail Town Council C~ RECYCLEDPAPER East Village_Homeowners_Associ970-827-5856 06/12/1997 01:44:56 PM P.2 _ OtFcers: President - Bob Galvin Secretary - Gretta Parks Treasiuer - Patrick Gramm ' Directors - Judith Berkowitz - Dolph Bridgewater - Ellie Caulldns - Ron Langley - Bill Morton - Connie Ridder To: Mayor Bob Armour Bob McLaurin, Town Manager From: Jim Lamont, Executive Director Date: June 12, 1997 RE: Vail Valley Drive Improvements As we discussed, several property owners in the Vail Valley Drive/Gore Creek Drive neigh- borhood are concerned with the final design and construction of the Vail Valley Drive street im- provement project. Of particular concern is the section of the right-of-way on the east side of Vail Valley Drive between the Gore Creek Drive intersection and the bridge over Gore Creek. As you know there has been a long standing concern that no sidewalk be constructed on the east side of Vail Valley Drive. This concern has been reflected in decisions by the Town Council on several different occasions to reject reoccumng efforts by some Town Administrators to place a sidewalk in this area. On June 6, 1997, an on-site meeting was held with Larry Grafel, Ethan Moore of Design Workshop, myself with Mr. and Mrs. Mark Simmons, who are owners of the condominium unit in the Vail Trail Chalet building adjacent to the Vail Valley Drive right-of-way. The purpose of the meeting was to show Mr. and Mrs. Simmons the extent to which the scope of construction would in- fluence the right-of-way area immediately adjacent to the Simmons' unit. I believe this portion of the meeting was successfully concluded. However, during the course of the meeting, the area from the Vail Trail Chalet building to the Gore Creek Bridge was discussed. In an earlier discussion with a construction supervisor for the project it was indicated that a Town Administrator asked for a bid on cost of constructing a sidewalk from Gore Creek Bridge on the east side of Vail Valley Drive to the intersection of Gore Creek Drive. The construction supervisor indicated that that the sidewalk was not to be build as part of the present project. In discussing the matter with Larry Grafel, he indicated that the Town had no in- tention of building a sidewalk at the present time, but that in the future a sidewalk might be con- structed. He also mformed us that the area was no longer need as a bus stop as it was being moved to the East Portal of the Town's parking structure. It was requested of La.rry Grafel, that the azea from Vail Trail Chalet to the Gore Creek Bridge, behind the to be constructed "raised curb" not be backfilled in a manner that would create a site for a sidewalk (dirt or otherwise) or a parking area. It was further requested, that backfilling and modification of the stream tract be minimized and that the area immediately behind the curb be sloped and revegetated to be compatible with the adjacent stream tract. The purpose of this request was to preclude, at the present time, the construction of a dirt sidewalk and parking area. We did not recerve a firm commitment regarding compliance with these requests. It is concern of adjacent property owners that the present work that is underway may result in a sidewalk and parking area on the east side of Vail Valley Drive in all but name only. We are concerned that our understanding of the intent of the Town Council with regard to this matter is be- ing misinterrupfed by Town Administrators who are responsible for the project. We request that the neighborhood desires and the Town Council prior agreement regarding this azea be respected and camed out according to the spirit of our understanding. cc: Town Council Members Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 MessagelFAX: (970) 827-5856 East Village Homeowners Associ970-827-5856 06/12/1997 01:44:56 PM P.3 EVHA/Vail Valley Drive ImprovemenU6/12/1997 • Larry Grafel, Director of Public Works Mr. and Mrs. Mark Simmons, Vail Trails Chalet Gore Creek Neighborhood President's Advisory Committee David Schnegelberger, Vail Trails Chalet Condominium Association Diane Milligan, Rams Horn Lodge David Corbin, Vail Associates Bernard Niznik, Vail Associates I ( i I I ~ ~ 2 ~ . . 4VAIL TOWN O75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEMORANDUM TO: Vail Town Council FROM: Kevin R. Foley DATE: June 12, 1997 RE: AIPP Board Members At our AIPP Board meeting today (June 12) it was decided that members would adopt a Council person to keep them informed on matters before the Board. This notice is just to let you know that you will be hearing from these folks for coffee or lunch. Thanks for taking the time to listen. Also, the artist chosen for Seibert Circle has some receptions scheduled in Denver this weekend. If you are in the neighborhood stop by and check out his work. Thanks. KRF/aw Attachment ps: See you in a couple of weeks! C~~ RECYCLED PAPER . u j ~ ~ ! I i ! The Museum of Outdoor Arts Artyard Outdoor Sculpture Galiery 7600 E. Orchard Road, #160N 1251 S. Pearl St. i Englewood, Colorado 80111 Denver, Colorado 80210 ; 303-741-3609 303-177-3119 Front Lover: Permanent [olledion BMf Sofhvare, Inc. vv / Hoaston, rX Inside Flap: (hess6aard Installotion AT'~-kJ ~V University of Wyoming I - - The Museum of Outdoor Arts Artyard Outdoor Scuipture Gallery ~ June 14,1991- May 15,1998 June 15,1997 - August 7,1997 ~ Samson Park 1 adjacenf to Fddler's Green Amphitheatre Artist's Reception: Artist's Reception: Saturday, June 14,1997 Sunday, June 15,1997 6:30-9:00 p.m. 2:00-4:00 p.m. Indoor Exhibition Madden Gallery The Museum of Outdoor Arts June 13 - August 7,1997 Lecture by the artist on June 13,1997 6:30 p.m. ~ 4-F vvIe- A-rpp ~oar~~C ~2dr'~( ~ Ttk ~ 0-~~ n O- ~ , 44 9 ~ ~ o d 6k~ ~ I~ Jr q-hi S Vl ~ ~ t ~r l ~ ? / ^ ~~arr r l ir6 VA- o F C4 ~ c S 0 o r A,4( ` ~'s 12 d C (v El-I /0 Y s io, ~4 kd I c~ lr ~s S~l ~ Y~C ~(~t d r~S ~ C ~ I I?~ J ~ ~//C (J ~r~ ~s (,cJ (2 (E JlJN.16.1997 3=58PM MFI N0.464 P.ii3 . I1VTT?STMLMS. . R,~~90/~~ MF-I Co" ~ Datr: 6116,97 FAX N,~~~~~~~cova sheet: 3 To: " . , From: • ' • ' Tawn Couacil Memebeis Frasa M. Horn . ' Bob Arnmur . ' • ' ' 5Ybill Navas . . , . Iudwig Kurtz KEVin Folcy ( wPhme: Wchaei Jewert Plione: (970?476-3400 Fax phone: Rnb Fard ' . Fax phone: (910)476-7252 CC: . RIsMARKS: F3 Urgent ~ For your review ? Reply ASAP 0 Plcese cammeat To All Council Memebers: Please fiad a letur submiued to the Vail Town Coimcil reguarding the Streamwalk IROject on bdmalf of the following A4sociatians: River House Candominium Assaciation Fdelweiss Condamimum Association . " Stunmers Lodge Association ~ ~ . . . . ( . . __.~.~...~.,~....~....d..,,. s.: =JUN .16 .1997-- 3:58PM r' MFI N0. 46~ ,4/P .2/~ - S'x`UTZ & M ILLER ATTORNErs AT LAW ?+E BR~ND MANSION CROSSROAOS MALLy SUI~ 498 T 143 R. GRECORY STUTZ 82S LoGAN STREET Ewsr Mfr?now DRfvE . VAIL, COLORADO 81657 CHARLES A. M1LLfiR U£NvEB, COLORADO 80203-3114 PAUL C. URTZ TER.EPMON£ (303) 861 -1200 T~rNOKE (970) a76-580C Fwcsn~u~ (970) ~176-5277 3oxN M. r'IARTTN FwcscMILE (303) 830-01 15 S2090/6 April 15, 1997 _ Town Council Hand Delive Town Of Vail 75 5outh Frontage Road West Vail, CO 81657 1 Re: Austria Haus Soecial Development District Dear Gouncil Members: On behalf- af our c].ients, Riverhouse Condominium Association, SunIIners Lodge Condomi.nium Association and Edelwei.ss Lodge Condominium Assxiati.on, we want to advise the Council of certain objections to the proposed terms of the above S.D.D. Our principal conce=n has to do wzth the effort being made to advance the sa- called Streamwalk Project by (i) stifli.ng the opposition of the Austria Haus applicant, and (ii) conditionxng approval of the Austria Haus S.D.D. on a non-remonstrance provision. The Associations have long made known thei.r oppositxon to the Streamwalk Project and uzge you to refrain from any further activn promoting something that is nothing more than a pet prQject of the Town's planners. There are covenants which have been in effect for many years and which were designed to preserve the open space character of the area along Gore Creek. These covenants prohibit any sort af impronement in the area, including sidewalks and•paths which are likely to intrude upon the privacy of adjacent pzoperty owners. Those property owners in many instances acquired their residential units in reli.ance on covenants which were designed to protect their privacy. We also •have objections to the Streamwalk Project based upon environmental concern9. xather than seeking to increase the impact of peopXe upon this area, we would urge you to consider taking - appropriate action to return the area along Gare Creek to its • ~ naturaY state. There are ample pedestrian sidewalks, walkways artd paths in the Vai.I area and it is not necessary to try to force another rnralkway into ari area of limited space. Representatives of other property owner assaciations have gone into greater detail than this letter in setting foxth the many sound reasdns far not proceeding with the Streamwal.k Project. We will not repeat in this lettex aJ.l of the arguments which have been raised, but we want you to know that we join with the Bishop Park ~ ~ f • JUN.16.1997 3:58PM MFI N0.464 P.3i3 T Tawu Council 52090/4 . Town Of Vail Apri.l 15, 1997 Page 2 Homeowners Association, The Village Center Condominium Association, The East Vxllage Homeowners Associativn, vther associations aad persons in opposing the Streamwalk Project. Please respect thlle property rights of the members af our Association and ather affected prapezty owners by not tying_the Austria Haus S.D.D. to the Streaatwalk Project. Your 1 Id( , R. o Stutz 1 RGS/s r cc: Riverhouse Condominium Assn, c/o Mr. Fraser M. Horn Suammers Lodge Condominitim Association Edelweiss Lodge Condeminium Assaciation ~ Bishop Park Homeowners Assn., c/o 1Kichael W. Standard, Esq. Village Center Condominium Assn., c/Q Richard P. Rosen, Esq. E-. , ~ ~ 06/13/97 TOWN OF VAIL COUNCIL CONTINGENCY Account 1f 01-0100-52857 1997 Total Contingency Funds . Original Budget Amount $50,000 Rollforward from prior year - Excellence in Education, Sports, or the Arts $5,000 Amended Budget Amount ' $55,000 Uses: VVF - Excellence in Education, Sports, or the Arts $5,000 paid 2/19/97 VRI - Spring Meltdown Program $2,500 paid 3/5/97 Youth award airfare to Ausualia $2,572 paid 5/8/97 Youth award spending money for Australia $1,000 paid 5/16/97 TOV/VA Task Force $6,000 Estimated @ $500/month "Free after 3" pazking program $1,927 JE in June Vail & Eagle Valley Mountain Bike Maps $833 paid 6/11/97 Total Amount Used 19,832 Total Amount Left $35,168 COUCOr:97.WK3 - - - - - - - - Llw'W. v-~w . -T ( a.VO)FdOF_• ~ Slail, Co 81657 ON?L- June 13, 1997 ~ • ',iail Tot,rn Counci]. t.1~,~,? vai1, Co, At ,4. . Dzar rsayor Ar4our and Councilpersons: Because of Drior comni.ttments we are unable to attend the mesting at. 2:00 P.M. June 17 re;ard_ng the Buffehr Creek Paric. . Pio matter hoiT good an idea the bicycle course might be, the propriety of private citizans predeterm-ining use of tne 'land isina,poropriate and un.fair. There-is the problem that atemporary installation might; thru attrition, become 'permanent, thus denying meighoors of their rights ' to use of the. land. 'oIe 'oelieve a,11 citizens rights j•rould best be served by ziie To-,yn of 7ai1 iollo:,-in; i'us • • - , o: ~roced~.~-e°~ fcr a~~,wus:.; o_ ;;h:~~ l~rid. :~t ~he msetiri. lasi s~;.Tnnier, t.ra were prorL.sed that nigghoorhOd"d in-ou'u i•;au1d be sought _Lnd meeti.n.gs woi:l.d be held to determine our ,,rishes. Once to;m-ftunds have beeri "meait -Lo modi:.uy the course or ilm-jrove or-"insure it, we ieel a precedzrit woulcl "be -set tFiat T,rould m;ka" i-E difiicult for those not "ran.ting a-oicyole course to reverse it. Therafore ;re believe JLt should ba removed. . . . I~t~.ry o Allen John iv. Goodell Bruce H. -kllen . . . - Loyatte L. Goodell ~ J.DUKE,SCHAEFFER,COLO. 3037618413 P.01 ~ RECEIVED JUll 1 10' 1997 r~~• H. BENJAMIN DLJKE JR. 5550 So. Steele St., Littleton, CO 80121 I~ 2~.Ih 1- MteA%.2r,.j Dr:,rer 0•r.2 w & t 16 9'1 J ~.41~t.C 14 ~ 144 U ~ = 6 LXtl •"\r~r1 r a ~ ws ~ I ~ ~ ..t fo ~'s. '~o ~ a? -},o ` 04 ; , '~1,~, } ~ V-4p,. . r~/~~~~ --J v+,~.¢. ~ a•,a L~ ~ . tr ' ~ {1?K~ l~~ i 4.w~C i . 4,, l-~~ ~ ~ • ,n,~ ~ d~ +'f~ , . t ~ o ~ J a.~~ ~ l~ j ? ~ ~ ~ `~'`''1 u~~ ~ • t~ J.DUKE,SCHAEFFER,COLO. 3037618413 P.02 T~ ; I V~n 0~ dos.i R h~eetg Cowzvkisti'on 'ro L.3h Gow.•,c~ l e. S tr~ w~ t k ~x t-~r. s~ vyti M 4"i t~. wttt , l~- ~ t s 4-- ~ G~~? •..a a~; v~ ~ p Ppa~~.a 4io I~- ,S +.Y,cz,ev% LA)atAk fo•- 1 ~C ~ 1 ~ w i n~ r,c,. ~ s s : t . Ue t'h'rc.G~?~• v'~ ~ ~ k..K.y= ~ ~ J~tl ~~s l~F-~-. or s rt C Q.r ~ o r~ r-~~ t h b r. ~ b~ t~.~, c~+ ~ 1~ i~ h S S c a~? ~ ~ t ~.+?~1 ~ R~.+rC- j i S V~ ~tL16.'%.« y 0; %'r'j e,.,,,d `r ~ lyvp~~ ~ d ew ~ ~G S ~r~G-~.+'v? $'"cf P w- 1 ti ~ ll•~. •.r • J;,~ rs t, a~a b•?~ds . ~v r'~~ ~~f~,.-1,_,~... ,.,rrc ~a.•r~ `h Tl"G, a b oL,& K ~,,,ai,~1.~ ~t ?1: ~ l.~j e. ~ s ~ ~ s t-ica.&." a..Co- s A ~ o CAoS~G S~.r.~u..ct s R. ~s ~n I lG' W 4- f ~ ~ r?~ a .1 . 1 1Ac~~.vw~ a I~p ~'r~..t,'!".t.~c.•1~ ~ I r S~tc~.~?.«- • s tv, G o f.~Yti.'~. tY w~h~ ~ ~l O~ ~•e.~ ~ LJ w~ G i l 1t.10-t l y) ~ . . P . . . ll3 SZ C,-.,r~ 1 C. S . t' LAL~~GV~ ~ pp w, U d,.~~ .a~ i s w? ~ S .L k 1 . ~ -P pt ~ v~'c 1~.0 ?~s Gc~.~ d.4 ~~.,a k+~?~. r. d~ b I~~.t/ ~..J ~1 r?~t.u-~S 1-' ~It ~G~~- L4.) itt, 4Z' CILL.~C t~CA-~ ~~~a.,.•-~.-~ t` P ~rarc~ ~ ~ ~p ~ ? Cr u'Ci' LA c -e.4A~.s~P- t~ + r~~ 1 NL ~ r V vGr ~+rY•• - ~ lq f 1~,~ v~ ti~''G G~'?,.oi c.,t. vt o~-a~ 4+W~c~v~, i,oh a., -J~ ~.t ~ c~....,.~ 1" : a.. S K+~l/h~ Q ~ A~~ ~ ~s- M.~", ~ r~ ~ ~ ~ ~~•C l.teA r ud~ ~~re- io rc I a i-a ~..~~n '~.~,-w~ r • Lt ~ K ~ C N%Mr'14. Tuum.,rc A< <.-`!1 x p'GC 1~1~C.M`~ l OI'r'S 1+?~~.e. SloVt St.tC,L, p °~7 ~.s 716s Pro p al.c. a sr?'~ a.~..~,~. s~~~ atw.,r& FAc i~- ~ •pt • atA 1 8.c.4 t~+o I MINKA INCORPORATED 3033210291 P.01 - ~ ~,.Qqt<°=~L = • "I'he Town Council 3une 13, 1997 Tovm of Vail 75 South FrpAtage ROad . • Vail, Colorado $1657 Re: Objection ta the proppsed'Strearnvwalk Dear Council Members: As mentioned before, we are stmngly opposed to the Streamwalk. There are many points - that shouid. be eonsidered: the spoiling of wetiands, destroying fish, beavez, and deer habitat, and a serious pxoblem of security and mai,ntenance. Disturbing tbis neighborhoad which* has existed since Vai1 was startcd would be a detrimettt to the Town of Vaii. This is one of the charms of VaiX, arid pne af tfZe last undasturbed areas. The property owners along Gore Cresk pay large taxes, respect the enyirozument, and want to keep it undisturbed_ We aLre not tratisioctts, have been part of Vail since it was founded, an,d support the charities and functions that-make Vail a desizable place to live. Those who voted'80% for the StreamwalkUve not realized the rannificatiozxs. ~ . . . Please consider the above ob3Ectivns alwg wit.h the numerous argwments stated izt a letter to the Council dated Fcbruary 28, 1997 from rhe VitIage Center Condonnisxiuins, and vote against thc. Stxeamvvaillc.. , Sincerely, ~4r. and Mrs. 7ohn L. Tyler [Nancy and Tim] ' 2552 East Alarheda #37 Denver, Colorado 84209 • Vail adclresses; 223 BeaveT Dam Road, 363 Beaver Datza Road, 383 Beaver Dam Circle ~ I ~ ~ LOCAL LICENSING AUTHORITY AGENDA PRESENT ABSENT SPECIAL MEETING Bill Bishop Connie Knight APRIL 11, 1997 Dave Chapin Mary Zarba 10:00 A.M. Kathy Vieth 1. PUBLIC HEARING - Consideration of the Authority of a Special Event Permit for the Town of Vail to host its annual Clean-Up Day at the location of the Lower Bench of Ford Park, 700 Block of S. Frontage Road, Vail, Colorado, on the following dates and times: , Saturday, May 17, 1997 9 a.m. - 5 p.m. Sunday, May 18, 1997 9 a.m. - 5 p.m. (Rain Date) Robert McLaurin, Town Manager Russell Forrest, Event Manager . APPROVED, 3-0 2. PUBLIC HEARING - Consideration of the Authority of a Special Events Permit for the Avon-Beaver Creek • Resort Association, Chamber of Commerce, to host an appreciation party for the Realtors of the Vail Valley, sponsored by Stewart Title, at the location of the Lower Bench of Ford Park, 700 Block of South Frontage Road, Vail, Colorado, on Thursday, June 19, 1997 from 1- 9 p.m. Kate Carey, President • Dave Kisko, Event Manager Wendy Buick of the Chamber of Commerce was present for Kate Carey, and David Stubbs of Stewart Title was present for Dave Kisko. APPROVED, 3-0 3. Consideration of the Authority of a new issue of a 3.2% Beer License for City Market, Inc., d/b/a City Market No. 42, at the location of 2099 N. Frontage Road, Vail, Colorado. a) New Issue - Anthony Prinster, President Stanley W. Stephens, Vice-President Ronald L. Warren, Secretary/Treasurer APPROVED, 3-0 b) Registered Manager - David Hittson , . APPROVED, 3-0 4. Any other matters the Authority wishes to discuss. 5. The next regular meeting is scheduled for June 11, 1997. Kathy Vieth will be absent. TOWN OF VAIL I Licensing Authority • ~1,(~ Holly L. McCutcheon Secretary to the Authority LOCAL LICENSING AUTHORITY AGENDA PRESENT ABSENT April 9, 1997 Bill Bishop Mary Zarba . 10:00 A.M. Dave Chapin ?i Connie Knight Kathy Vieth 1 1. Swear in new member, Bill Bishop. 2. Consideration of the Authority of a Manager Registration for L-O Vail Hotel, Inc., d/b/a Heart Rate Cafe, a Hotel and Restaurant License at the location of 1295 Westhaven Drive, Vail, Colorado. Gary S. Fries, Registered Manager - replacing Dean Manning APPROVED, 4-0 . ' 3. PUBLIC HEARING - Consideration of the Authority of a Special Event Permit for the Vail Valley Tourism and Convention Bureau to host the Whitewater Championships, at the location of Gore Creek Promenade, Vail, Colorado, on Saturday, May 24, 1997, from 11 a.m. until 6 p.m. Frank Johnston, President Bill Brice, Event Manager APPROVED, 4-0 4. PUBLIC HEARING - Consideration of the Authority of a Special Event Permit for the Town of Vail to host its annual Clean-Up Day at the location of the Lower Bench of Ford Park, 700 Block of S. Frontage Road, Vail, Colorado, on the following dates and times: Saturday, May 17, 1997 9 a.m. - 5 p.m. . Sunday, May 18, 1997 9 a.m. - 5 p.m. (Rain Date) Robert McLaurin, Town Manager Russell Forrest, Event Manager Tabled until April 11, 1997 5. PUBLIC HEARING - Consideration of the Authority of a Special Events Permit for the Avon-Beaver Creek Resort Association, Chamber of Commerce, to host an appreciation party for the Realtors of the Vail Valley, sponsored by Stewart Title, at the location of the Lower Bench of Ford Park, 700 Block of South Frontage Road, Vail, Colorado, on Thursday, June 19, 1997 from 1- 9 p.m. - Kate Carey, President . Dave Kisko, Event Manager Wendy Buick of the Chamber of Commerce was present for Kate Carey, and David Stubbs of Stewart Title was present for Dave Kisko. Tabled until April 11, 1997 6. PUBLIC HEARING - Consideration of the Authority of a Special Events Permit for the Jimmie Heuga Center to host a wedding for Virginia Michaux, at the location of the Lower Bench of Ford Park, 700 Block of South Frontage Road, Vail, Colorado, on Friday, July 25, from 6- 8 p.m. Richard Hicks, Executive Director Virginia J. Michaux, Event Manager Jeb Jennings was present on behalf of the Event Manager. APPROVED, 4-0 ' 7. Consideration of the Authority of a Modification of Premise for a Hotel and Restaurant License for D Q T R, Inc., d/b/a Garton's Saloon, at the location of 143 E. Meadow Drive, Vail, Colorado. Dave Garton was present with Manager Steve Olson. The applicants assured the Authority service of alcohol would cease at 10 PM. APPROVED, 4-0 8. Presentation to the Authority of a new issue of a 3.2% Beer License for City Market, Inc., d/b/a City Market No. 42, at the location of 2099 N. Frontage Road, Vail, Colorado. a) New Issue - Anthony Prinster, President Stanley W. Stephens, Vice-President Ronald L. Warren, Secretary/Treasurer b) Registered Manager - David Hittson John Caldwell, Nick Prinster and David Hittson were present on behalf of City Market and presented a petition containing 96 signatures. 93 were in favor of the license and 3 were opposed. ~A special public hearing was to be held on Friday, April 11, 1997 in the office of the Town Clerk for the consideration by the Authority of a New Issue of a 3.2% Beer Off-Premise License for City Market, Inc., d/b/a Uty Market No. 42 at the location of 2099 N. Frontage Road, Vail, Colorado. 9. Consideration of the Authority of recent renewals: Sonnenalp Properties, Inc., d/b/a Bully Ranch & Bar. Todd P. Milner, Inc., d/b/a The Club. , APPROVED, 4-0 . . 10. Any other matters the Authority wishes to discuss. The Authority was advised of the following: • L'Ostello Lodge surrendered their liquor license on 04/07, as the lodge had been sold. ~ The May Palace lease will soon expire and not be renewed. Michael's will be opening a new restaurant in that location and the May Patace is looking at space in the Vail Commons/City Market project. • New application was received from Campo di Fiori Restorante (out of Aspen) for the transfer of the Ambrosia License and will be reviewed at the June 11 meeting. • At the last meeting the Authority was informed of an incident which occurred at the Hong Kong. That matter was dismissed in Eagle County Court on March 18. 11. Next scheduled meeting is a Special Meeting to be held on Friday, April 11 in the Town Clerk's office. The next regular meeting is scheduled for June 11, 1997. Adjourned -11 AM - TOWN OF VAIL • icensing Authority 7r, ~ rq Holly L. McCutcheon Secretary to the Authority o Cec,~,,~,~,~,~, : _ - w__.. 8~b . . r. . r ~ tings: The Town of Eag ee 2nd and 4th Tuesdays Box 609 • Eagle, Colorado 81631 . - (970) 328-6354 • Fax 328-5203 June 4, 1997 David Carter Housing Coordinator Eagle County P.O. Box 179 Eagle, Co. 81631 Dear David: The Eagle Board of Trustees has discussed the request to utilize the County portion of sales tax revenues for a proposed Housing Trust Fund. At this time the Eagle Board of Trustees are reluctant to commit to a fransfer of funds from our General Fund to the ptoposed Housing Trust Fund. While this issue may be revisited in the future the Board believes other elements . of the draft Eagle County Comprehensive Housing Plan should be adopted by the various local governments in Eagle County. Of particular importance to the Board is Policy VI that new residential subdivisions will - contain a percentage of their units for very low low - and moderate income permanent residence. Further Policy VII requiring commercial and industrial developments generating increased employment to provide affordable housing is an important consideration in compre- - . hensively addressing the affordable housing issue. We understand that establishment of a Housing Trust Fund with appropriate revenue sources is an important action step in the realization of the Comprehensive Housing Plan. For this discussion a comprehensive review should be given to many different private and public revenue sources. The proposal to transfer sales tax revenues is premature and lacks a compre- . hensive analysis of potential revenue sources. . Currently the Town of Eagle is studying methods to create and preserve affordable housing in upcoming major subdivisions. The. tax assisted Eagle Villas Project recently added 20 units to . ~ - _ . . . . _ L' _ _ . . . _ , .z . June 4, 1997 : page 2 - make its overall housing stock 120 units. Additionally in July the Red Canyon Townhome Project will begin and hopefully occupy a price nitch that is attainable for many potential home buyers. The Town continues to be interested in the Draft Eagle County Comprehensive Housing Plan and appreciates the leadership of Eagle County in coordinating this effort. Please advise us as to any continuing efforts for the implementation of the Plan and any particular view points that the Planning Commission and Board of County Commissioners may have on specific elements - on the plan. - , - Sincerel , . ' . , ~ . William Powell . Town Manager cc - All Town Managers , . . JUN-13-97 FRI 16:53 PEPI SPORTS,INC. _ 9704760442 P.91 NU 7elephone: 9701476-5628 Hotel Reservattons : (8pp) 810-7374 Fax: 970/478-8818 Pepl Gramshammer 237 East Gore Creek Drive Sheika Gramshammer Vafl, Colorado 81657 June 13, 1997 Vail Town Counctl Town of Vail 75 South Frontage Road Yail, CO 81657 Dear Vail Mayar and Town Council Members: This letter is cancernfng the proposed Vail Streatnwalk. I cannot believe ihat this matter is again on the agendq of the YQiI Town Council meeting. This issue has come up many times be}'ore and I thought it was laid to bed the Iast time wtten so marry people opposed the Streamwa/k. I would like to know whom the hell is constantly bringing this issue up? We have a pfdestrian vfilage and Lv" to encourage visitors to stroll through the town, see ihe shops and restaurants and ho,p e f ully shop ond/or enjoy a nice lunch or dinner. As a hotel ~ owner the only "quiet roo»ts" I have are on the creek srde and not on the noisy Bt7dge Street, The Streamwalk will be a potential noise problem for my hotel guests. It's not fittr to the property owners who would lose their privacy because of this walkway. The Town of Vail does not have the legal right to build the Streamwalk. It is not in the Master plan. The Streamwalk will be very expensive and Ikm that we can put this money to much beger use in town. Ir would be much better if we spent this money imprpving the existtng streets. and especialty imp?'oving Bridge Street with heated cobblestone. This would be a positive move that the public and the businesses would love to see. 1 won't be able to attend the afternoon session, when the Streamwalk comes before the board, buc I want you to know that I am absolutely 4garnst this and will fight it. The mujority of the businesses in the village are also against the Streamwalk. I urge you to vote this issue down ance andfor all! I St ~ Pepi Gramslrammer ~ ~ ; C-)4t4AJ.xt,: 8oi A RECEIVLD JUN 1 0 11997 o $ mAA-S\ ()Jo 'q"'e- o, Res, 1 Av T~„~?o~,.~.~.~ J ~ ' y 4 ~X CG~.uc~,'(raA R, ~ e~ . S2 IU u vv~ L~J :6 a'-a. > - CIA-e. ' oc~ ju ~ (f- O-A u.) dIA c~ . aA,, tnj crnk -j- ~ we,.. ~4.~ ~ w , w ~ b-0- . C~. N NVV%y ~ Cs.~ a 21~ C,4 +o au 4jk ~ I ~ ~ (e,17 a9/74 4IL June 4, 1997 TOWN O•~ ~ 75 South Frontage Road To: West Vail Neighborhood and Businqrss Partners Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 WE BLEW IT MONDAY! We Let You Down, Especialiy Those of You In Intermountain T^^ . When the I-70 underpass was reopened, we frankly.weren't prep red for the volume of traffic that occurred earlier this week. There. were reports of waits mu longer than our 10 minute guarantee, especially for those attempting to get in and out of t Intermountain neighborhood. And that is simply unacceptable. We apologize to those of yo who became stuck in traffic. We blew it. Now we need your additional ideas to improve the si ation. At the June 2 citizen monitoring meeting, participating resi ents and business owners worked with the contractor to create the following two-we k plan effective June 4: Temporarv I-70 Underpass Closure • 6 hours per day only • Wednesday, June 4 to Friday, June 20 • 8:30 a.m. to 11:30 a.m. daily closure of u erpass • 1:30 p.m. to 4:30 p.m. daily closure of u derpass • Underpass will reopen at 4:30 p.m. for he remainder of each day and throughout the night. • The eastbound off-ramp will be mo ' ored and may necessitate a concurrent closure for safety purposes. We'll dvise you of this change, if enacted. Here's How You Can Help... • Pick up the phone today and cal he roundabout information line at 479-2199 and leave a message regarding your thou ts on any other adjustments that might help. • Consider using the Main Vail it to help minimize traffic tie-ups at the West Vail underpass. • If you rely on the transit sys m, consider riding your. bike to a bus stop that isn't impacted by the construction delays. West Vail drivers will allow you to bring your bike on the bus! For current West Vail rou conditions, call 479-2358. ~ Plar aread. °la; e for th vvors: case scenario. Bring something to reaa in case you become stuck in traffic Remember, the majority of nstruction activity will extend through October. We've made significant progress over t first seven weeks, but there's a lot of work remaining. Thanks, in advance, for oing what you can to help us improve the traffic flow. U~Bob McLaurin, Town Manager, 479-2105 Greg Hall, Project Manager, 390-4676 Larry Grafel, Public Works Director, 479-2173 Suzanne Silverthorn, TOV Community Information, 479-2115 RECYCLEDPAPER • HB1250 Suffers in Colorado Legislature...cont. from inside page Vail Resorts, /nc. RRR commitment to addressing issues related to Co/orado Counties, Inc. growth impacts, including those specific to "have Co/orado Municipa/ League and have noY" communities in the mountain resort League of Women Voters of Co/orado region. numerous state and regiona/ media Representative George also said that he will RRR Vice Chair and Pitkin County Commi- continue his work to further the legislation's ssioner Mick Ireland was disappointed and said, prospects for favorable consideration during next "We can't let this break us apart." He reiterated the year's legislative session. Our new newsletter... The Rural Resort Region Steering Committee has been actively involved in issues of regional concern for three years now. Many of you, our supporters and friends, have been a part of this work. You haven't heard from us often enough. Our goal - now and into the future - is to keep you informed on the progresses we are making. Eventually you will, no doubt, be asked to join us in some part of this effort. Meanwhile, this "brief" will help keep you apprised of RRR activities. Feel free to contact your local County Commissioner representative or the Steering Committee Coordinators (phone numbers listed inside) for further information on how to get involved with our work. Or plan to join us for an upcoming meeting: Wednesday, May 21 9 a.m. - noon; Eagle, CO (Eagle County Administration Building) Thursday, May 29 9 a.m. - lunch; Eagte, CO (Exhibition Hall - Eagle County Fairgrounds) - all Rural Resort Region legislators invited Rural Resort Region Bulk Rate c/o Northwest Colorado US Postage Paid Council of Governments Permit No. 17 P. O. Box 2308 • 249 Warren Avenue Dillon, CO 80435 Silverthorne, CO 80498 PLEASE CIRCULATE! THANK YOU! /n Bob Armour X C~ C2~ v ~ Town of Vail 4419 75 S. Frontage Road W Vail, CO 81657 APRIL 1997 In this issue: Rural Resort Activities 1997 House Bill 1250 Update Rural Resort Region Garfield, Pitkin, Eogle, Summit, Lake Counties Rural Resoil Region Steps Up Efforts County officials and human services Concurrently, the group is gathering data providers from a five county mountain region have and establishing goals in areas such as revitalized their work to pro-actively address growth- transportation, housing and health and human related community problems. The Rural Resort services for communities in Lake, Summit, Eagle, Region (RRR) Steering Committee has contracted Pitkin and Garfield counties. The benchmarking with Third Sector Innovations in Grand Junction to report and subsequent prioritization process are move the effort forward into action during 1997. being funded through a U. S. Forest Service grant. RRR Committee members have prioritized RRR Steering Committee leadership is work in the areas of resource distribution, provided by Chair Marian Smith, Garfield County transportation, housing and various additional health Commissioner, and Vice Chair Mick Ireland, Pitkin and human services. County Commissioner. Additional county The group also has been actively advocating for a commission representatives are Eart Boeve, Lake regional transportation plan and monitoring the County; Gary Lindstrom, Summit County; and impacts of state welfare reform legislation to the Johnette Phillips, Eagle County. Numerous region. additional business, non profit and govemmental Third Sector Innovations has been retained entities have been involved with RRR and soon will to coordinate the effort, including legislative support be rallied to participate in action on those areas aTid lund raisii-ig. p7ortized during .he bancilCi i8fnli ig pI GI.GSJ. Revenue Sharing Bill "Killed" at State House Rural Resort Region Takes education and law enforcement. Lead Role in Effort The effort was introduced at the request of House Bill 1250, proposing to utilize state and supported by the Rural Resort Region (RRR), a funding to deal with the effects of growth on the consortium of government, non profit and business poorer communities of mountain resort region, was representatives from Eagle, Garfield, Lake, Pitkin effectively killed by the House Appropriations and Summit counties. Committee in Denver on Wednesday, April 9. The The group has been working for three years on bill was sponsored by Rep. Russell George (R) of issues related to regional growth. Rifle. Numerous endorsements for the legislation HB1250 called for a$3 million fund to help Were received, including those from: local govemments statewide deal with the impacts Boards of Commissioners - each RRR county of growth. It was designed to assist areas of the Co/orado Association of Ski Towns state where prosperous communities and their Regional Transportation Pa?tnerships Project poorer neighbors are working cooperatively on (an effort of Healthy Mountain Communities) cross-governmental boundary issues, including housing, transportation, health and human services, (continued on following page) Rural Resort Region Steering Committee - Contact Numbers Marian Smith, Garfield County (970)945-5004 Mick Ireland, Pitkin County (970)920-5150 Johnette Phillips, Eagle County (970)328-8650 Earl Boeve, Lake County (719)486-0993 Gary Lindstrom, Summit County (970)453-2561 Jim Spehar and Illene Roggensack, Third Sector Innovations (800)406-7274 i - t . M w C01.tJ11l1L/O NATURAL REsOURCE NEws MINERALS $c GEOLOGY. . .OIL Et GAS. . .STATE PARKS. . .TRUSi LANDS. . .WATER. . .WILDUFE 6/97 N~ RFSOURCES . ~ WATER ~ Public meetings set to discuss proposed Platte paCt. Governor Ben Nelson and Wyoming Governor Jim Geringer. Tin e Depattment of Natural Resources will conduct five meet- Romer, however, said that further review is necessary before he gs in June to explain and to solicit public comment on a would be willing to sign the final agreement and asked that + proposed agreement between the U.S. Department of Interior DNR conduct public meetings to ensure full public undetstand- ~ and the states of Colorado, Nebraska and Wyoming concerning ing and discussion of the agreemenG the management of water and land in the Platte River Basin. The agreement is the result of three years of negotiations ~ The meetings will be held from 7-9 p.m. Following are the and outlines the elements of a resource management progrdm dates and locations: that would restore and protect three bird species--the whooping • June 9, CasUe Rock. Douglas County Executive Building, crane, least tern and piping plover-and the pallid sturgeon, a lst Floor Hearing Room, 101 3rd St. fish species, all listed as endangered in the central Platte River • June 10, Denver. Denver Water Department, Three Basin in Nebraska. Stones Building, Cheesman Room, 1600 W. 12th Ave. The agreement is designed to leverage resources from • June 12, Loveland. City Council Chambers, 500 E. 3rd throughout the basin to invest $75 million over 15 years in St. exchange for a commitment from the U.S. F'ish 8c Wildlife • June 16, Walden. Soil Conservadon Building, Basement Service to streamline its regulatory review of individual water Meeting Room 312, Sth and Logan. projects that could affect the endangered species' habitat. • June 17, Sterling. Elks Lodge, Dome Room (east Specifically, the U.S. Fish & Wildlife Service has agreed that entrance), 321 Ash. the basinwide, long-term investment in land and water provided On May 15, Governor Roy Romer sent a letter to Interior for in the agreement could serve as the required mitigation for Secretary Bruce Babbitt stating his preliminary support for an individual water supply projects in the future, agreement to protect endangered species on the South Platte In the past, without the benefit of a basinwide program, the River. Similaz letters of support were sent by Nebraska conflnued, poge g i r d WATER Water study cvailable for review and comment. The notebooks also contain status updates on the study, Cand olorado water officials have distributed for public review draft reports and comments from the peer review process. comment the first components of a technical water The Denver Basin and South Plane River Basin Technical study to public libraries throughout nor[heastern Colorado. Study will provide state legislators and water officials with This informacional effort is part of a legislatively mandated comprehensive information about water supplies, uses and man- study of water resource and management issues that encompass agement activities. The Colorado legislature directed the State both ground and surface supplies in the Denver Basin ground Engineer and the Colorado Water Conservation Boud (CWCB) water aquifers and South Platte River Basin, to conduct the study under the guidance of a special legislative As other components of the study are completed, they will committee iri SB 96-74. - be added to notebooks, which have been distributed to: One specific challenge the study will address is how new = • Adams County Library, 10530 N. Huron, Nocthglenn. technologies and management pracdces might extend existing ' • Boulder Public Library, 1000 Canyon Blvd. water supplies through improved coordination of ground and • Douglas County Public Library, 961 S. Plum Creek surface water uses. The study will also assess the impact of the Blvd., Casde Rock. technologies and management practices on existing water • Fort Collins Pablic Library, 201 Peterson St. rights. • Fort Motgan Public Library, 414 Main St. Additionally, the study will examine possible impacts of • Sterling Public Library, 420 N. Sth SC the federal Endangered Species Act on water supplies in the • Weid County Library, 2227 23rd Ave., Greeley. conflnued, poge 8 _.u.._ . . . COLORADO DNR MEETINGS ETC. ~ DEPARTMENT OF - I F NATURAL RMovxcEs .JUNE-AuGusr 1997 1313 Sherman, Rm. 718 ~une Denver, CO 80203 303866-3311 hrrp://www.dnr.sta(e.co.us 3 Board of Examiners of Water Wetl Construction and Pump Installcrtion Contractors meeting (DWR) Execudve Director: Jim Lo 6 Colorado Geological Survey Advisory Comm(ttee meeflng chhead Depury Director: 7-8 Free flshing wlthout a flshing license these dates only In honor of Ron Cattany National Fishing Week; all other flshfng regulations apply 9 Platte River agreement meeling, Castie Rock. Qnfo: poge DMSION OF MINERAIS $d GEOLOGY 9-10 Soil Conservation Board meeflng (DMG) 10 Great Outdoors Colorado Board meeiing Qnfo: 3031863-7522) M,ke Long' D'rect°r 10 Platte River agreement meeting, Denver. 303/866-3567 Qnfo: poge i) 12 Plaite Rlver agreement meeting, Loveland. (Info: page COLORADO GEOLOGICAL SURVEY 12_13 Wildlffe Commission workshop, Alamosa (CGS) • 16r18 Acid Mine Drainage Symposium, Purgcrtory Village Hotel, Vicld Cowart, Durango. Fee: $35; Scholarships avoiloble (DMG) (Info: Ann Cllft, State Geologist 303-866,4097 or E-mall: c!!ft@bend.moddver.com) 303/866-2611 16 Platte River agreement meeting, Walden. (Info: page 1) Coi.owwo Oa & Gns CoNSSxvn'rcorr 16 State Land Board workshop, Steamboat Springs Con-nMIssIorv (COGCC) 17 State Land Board meeting, Steamboat Springs Rich Griebling, Director 17 Piatte River agreement meefln Sterli 303/894-2100 9• n9• Qnfo: page 1) 25-26 Mined Land Reclamation Board meeting (pMG) COLORADO STATE PARKS 30 O(I & Gas Conservation Commission hearing Laurie Mathews, Director 303/866-3437 July Coi.oxnno Sou. CoNSExvnTTON I Ofl & Gas Conservation Commission hearing Bonxn (CSCB) Max Vezzan;, Uirector 4 Independence Day Holidoy, State offices closed. 303/866-3351 6-12 Youth Conservation Workshop, Rocky Mt. Camp, near Divide (Info: John Berst, SCB, 3031866-3351) STATE LAND BOARD (SLB) 10-11 Wildlife Commission meeting, Snowmass V(Ilage Max Vezzani, Director 16-17 Minerals, Energy & Geofogy Policy Advisory Board (MEGA Boarc) 303/866-3454 meetin g pnfo: Deb Mellblom, 3031866-3337) COLORADO WA'fER CONSERVATION 17-20 North American Wlldiife Enforcement Offlcers Association Bo^m (CWCB) Convention, Colorado Springs - Chuck Lile, Director 18 Coal Mine Examiner Board meeting (DMG) 303866-3441 18 State Parks Board meeting, Salida DMSION OF WATER RFSOURCES (DWR) 18-21 Westem Associcrtion of Fish & Wildlife Agencies meeting Hal Simpson, IDirector 21-22 Wnter Conservation Board meeting, Durango 303/866-3581 21 State Land Board woricshop COLORADO DIVISION OF WII.DLIFE 22 State Land Board meeting (~OW) 23-24 Mined Land Reclamation Board meeting (DMG) John Mumma, Director 29 Great Outdoors Colorado Board meefing (Info: 303-863-7522) 303/297-1192 . Published by the DNR August Ojj''ue of Conemunications. 4-5 Oil & Gas Conservation Commission hearing 5 Board ot Examiners of Water Well Construcflon & Pump Installation Director: Xathy Kanda Contractors meeting (DWR) Editar: Kate Jones 7_8 Wiidlife Commission workshop, Craig Disbibruion: Cathy Diaz 15 Colorado Ground Water Commission meeting (DWR) Natural Resource News is 18 State Land Board workshop, Pueblo published 10 times a year; i1 rs not 19 State Land Board meeting, Pueblo published in August orDecember. 27_28 Mined Land Reclamation Board meetin DMG To be p[aced on (or removed from) g( ) the newsletter's distribution list, al caU Cathy Diaz, 303/86~2607. acflviHes take p/ace in Denver un/eu ofhenvise noted. For informoHon on evenfs, ca/l the number llsied or appropdate DNR dlvislon. (See phone numbers at IeR.) 2 4 STATE LAND BOARD ~ &A &A t State Land Board members confirmed. On May 8, the agency that manages almost 3 million acres of state trust lands State Senate confirmed four out of five of Governor Roy and 4 million acres of minerals that are managed to generate Romer's nominations to the State Land Board. income for several trusts, the largest of which supports public The Senate confirmed Luanne C. Hazeirigg, Evergreen, educadon. The job is currendy held by Max Vezzani, who will past president of the Jefferson County School Board and the leave the post by Sept. 1 to assume full-time responsibility as Girl Scouts Mile High Council, to serve as a person with expe- director of the Colorado Soil Conservation Board. rience in public primary or secondary education; John R "ne most important and immediate priority for the new . Stulp, Lamar, a farmer and rancher, veterinarian and Prowers director will be to implement the provisions of Amendment 16, County commissioner, to serve as a person with experience in which voters passed in November 1996. This includes working producaon agriculture; Thomas W. Swanson, Evergreen, a pri- with the new five-member board to develop policies and strate- vate investor and retired banking executive, to serve as a"citi- gies for producing consistent income for the trust beneficiaries, zen at large"; and Charles A. Vidal, executive director of the providing direct benefiu to public schools and ensuring sound Aspen Valley Land Trust, president of Real Estate Affiliates stewardship practices on all state lands to preserve their long- ' Inc. and former member of the Aspen Planning and Zoning term productivity," said DNR Executive Director Jim Commission, to serve as a person with experience in local gov- Lochhead. ' ' ernment and land use planning. The Senate declined to confirm "A specific challenge contained in Amendment 16 is meet-.. Romer's fifth nominee, Mark Pearson of Durango, as the mem- ing the January 1999 deadline for designating the fust 200,000 ~ ber with experience in natural resource conservadon. At press acres of state trust lands into the stewardship trust We antici- . time, Romer had not yet named anyone to fill that vacancy. pate that a significant restructuring of the agency will be needed State Land Board director search underway. The job to respond to the new challenges and responsibilities presented by Amendment 16 and a$100,000 budget cut imposed by the announcement for the position of director of the State Land Boazd has been posted at Job Service Centers statewide. The General Assembly. Changes of this magnitude require someone with extremely strong leadership, human resources and admin- closing date for application is June 6. istrative skills," Lochhead added. The SLB director is the chief operating executive for the MINERALS 8c GEOLOGY DMG renews waming to stay out of abandoned Minerals & Geology's Colorado Mine Safery and Training mines-Gnd stCy alive. The Colorado Division of Minerals Program in cooperation with Climax Molybdenum Co., Cotter & Geology (DMG) is beginning reclamation work at more than Corp., Pikes Peak Mining Co., Colorado School of Mines and 250 abandoned mine sites in Colorado. The sites are located in National Mine Service. .l' the historic mining districts of Boulder, Clear Creek, Custer, The mine emergency exercise, which was conducted in the Eagle, Gilpin, Huerfano, Larimer, Las Animas, Pazk, San Edgar underground mine, simulated a mine fire, with heavy Miguel, San Juan and Teller counties. Work will begin this smoke and the rescue and recovery of three victims. Six mine month and continue through the summer and eazly fall. rescue teams took part-a total of 44 participants. The teams ~ Project work will be completed by various local contractors at included: one team from the Henderson Mine (Climax an estimated cost of $560,000. Molybdenum Co.), one team from the Cresson Mine (Pikes Since 1955 there have been 17 deaths and 21 serious Peak Mining Co.), one team made up of inembers from the injuries involving inactive or abandoned mines. Mine openings teams of Pikes Peak Mining and Climax Molybdenun, one may seem safe to explore but are dangerous and can contain team from the Schwartzwalder Mine (Cotter Corp.) and two unstable soil, unsafe roofs and ladders, deadly gases, poisonous teams from the West Elk coal mine (Mountain Coal Co.). The snakes and dangerous explosives. The protective closures or event also included a wdtten test and a benching contest on the warnings that have been placed around abandoned mine haz- Draeger BG-174A Oxygen Breathing Apparatus. ards are placed there to remind visitors to enjoy the outdoors, The event offers an opportunity for mine rescue teams but play it safe by keeping out of abandoned mines. across Colorado to meet, train together and learn from each Colorado mine rescue teams simulate underground other. In an actual mine emergency, many of these teams could mine emer9encY• An underground mine rescue exercise very well find themselves working together at any given mine . was held on Saturday, May 17, 1997, at the Edgar Mine in site. Idaho Springs. The event was organized by the Division of 3 i , F LEGISLATIVE UPDATE A n overview of bills important to t6e Department of the board to consider the benefits of continued agricultural and Natural Resources that were passed-or not passed- grazing uses in preserving community stability, revenue and by the 1997 General Assembly stewardship when considering renewal or termination of a lease SB 8-Colorado Water Conservation Board Construction and sale or exchange of lands; establishes a notification and Fund. Sponsors: Sen. Bishop; Rep. Entz (Signed by negoaation timeframe for renewal of existing agriculturaUgraz- Governor) ing leases; and requires the board to find that benefits from a new use outweigh the benefit of agriculture/grazing use-and to The CWCB Construcrion Fund bill includes a wide variety of finding that agriculture uses are not compatible with the new water project loans and non-reimbursable funding commitments use if agriculture/grazing uses are not continued. that will help communities throughout the state with planning The bill also subjects the sale or exchange of and development of adequate water supplies. SB 8 includes agriculture/grazing land to continuation of current lease terms authorization for $5.8 million in loans for construction and unless the lessee agrees otherwise or is bought out by a third rehabilitation of infrastructute like dams and canals. It also party; allows the existing lessee to match the highest bid in a authorizes expenditures for the'development of better data and public auction of agriculturaUgrazing land; provides that the data communication tools like the Colorado River Decision lessee will be immune from civil liability from damages or Support System and cost-share funding for the Endangered Fish injuries to the public resulting from recreation or wildlife access Recovery Program for the Upper Colorado River and the granted by the board; and requires the new owner or lessee to Division of Wildlife Native Aquatic Species Facility. pay the previous lessee for authorized impmvements at a value SB 37-Disposal of Railroad Rights-of-Way. Sponsors: Sen. established by the board-or the board to purchase authorized Mutzebaugh; Rep. Taylor. (Passed; Governor action pending) improvements if funding is available. SB 37 establishes a state process to help preserve rail corri- SB 52-Implementation of Ameadment 14/Trapping. dors from abandonmenG When the owner of a railroad intends Sponsors: Sen. Wanenberg; Rep. Entz (Passed; Governor to dispose of a railroad right-of-way, the executive director of action pending) the Colorado Department of Transportation is notified and in 'I'his bill places Amendment 14 in statute with additional turn notifies other state, local and regional parties of the implementing language. It allows landowners a single 30-day owner's intent to dispose of the rail line. If no party steps for- window for tcapping on their property, once certain criteria ward to acquire the line, the bill allows the state to acquire lines have been meG To qualify, landowners must show that they or rights of way that have been prioritized by the Transportadon have ongoing damage to livestock from predators and that they Commission and the Transportation Legislation Review have made reasonable efforts to alleviate this damage, employ- Committee. Funds for such purchases, if available, will come ing techniques such as gathering livestock; use of herders from the State Rail Bank Fund created by the bill. and/or guard dogs; and use of flashing lights, boom guns or It also allows for interim recreational trail use of corridors other industry-accepted scare tactics. In addirion, the bill man- acquired by the state. Property owners who hold. tide interest dates that use and definition of poisons be consistent with EPA adjacent to rail corridors will retain that interest. The bill also . guidelines and the state pesticide act. affords consideration for irrigation ditch owners by directing the state to pay reasonable damage claims and assume existing SB 121-Powers of Oil and Gas Commission. Sponsors: fencing agreements held by the railroad companies. Sen. Alexander; Rep. Owen. (Lost in Senate on 2nd reading) The bill would have limited local government regulation of SB 48-Arkansas River Recreation Authority. Sponsors: oil and gas development to oversight of roads and buildings, Sen. Chlouber; Rep. Schwarz (Signed by Governor) vesting all other local land-use authority in the Colorado Oil & This legislation continues State Parks' authority to regulate Gas Conservation Commission (COGCC). (To address issues recreational and commercial activities along [he Arkansas River concerning local governments and the oil and gas industry that within the Arkansas Headwaters Recreation Area This authori- have surfaced in La Pfata County, the Governor has asked ty, first granted to Parks by the Genetal Assembly in 1988, has, DNR and the COGCC to meer with the county and the industry among other things, allowed Parks to establish a rationing plan to discuss on-the-ground development issues, regularory juris- that sets capacity limits for rafting on 10 stretches of the river. dicrion and possible model ordinances. The results of these dis- SB 49-Agriculture Leases on Ttvst Lands. Sponsors: Sen. cussions wil[ be reviewed to see if they might be applied in Wanenberg; Rep. George. (Signed by Governor) other producing areas in the state.) The bill clarifies the agriculture lease process on state trust SB 151-Fish and Wildlife Resources Account Sponsors: lands. It establishes a 10-year standacd lease; includes steward- Sen. Ament; Rep. Young. (Passed; Governor action pending) ship as a consideration in lease renewal determinations; requires 4 r - LEGISLATIVE UPDATE ; This bill, proposed by the Colorado Water Conservation HB 1134-Vessel Safety. Sponsors: Rep. Lawrence; Sen. Board and the Colorado Water Congress, establishes "species Bishop. (Passed; Governor acdon pending) recovery grants" as another authorized use of funds in the, Fish HB 1134 enacts recommended changes to personal water- and Wildlife Resources Account in the CWCB Construction craft (PWCs) and other motor boat safery laws. (See page 3.) Fund. This change is considered essential to provide protection for declining native aquatic species before they warrant federal ~ 11'70-Natural Resources Educational Program protection. It also provides a funding source for the state to Reauthorization. Sponsors: Rep. Romero; Sen. Ament. meet cost-share reuirements of recove ro(Signed by Governor) 9 ry p grams designed to gg 1170 eliminates the July 1, 1997, repeal date for HB _ enable communities to rely on existing water supplies and water while Endangered Species Act requirements are met. 93-1250, which authorizes the executive director and division rights ' directors to "direct and manage an integrated natural resources ' SB 199-Coal Act ChangelMine Operators' Self-Bonding. and environmental education program." HB 93-1250 also man- Sponsors: Sen. Bishop; Rep. Taylor. (Signed by Governor) dates development of an educational program for youth to "fos- This bill changes "shall" to "may" in an existing Coal Act ter an interest in and sense of stewardship toward the natural statute, to conform with federal law. This word change allows, resources of the state, to provide summer jobs for students inter- rather than requires, the Division of Minerals & Geology to ested in pursuing careers in natural resources, and to provide accept the bond of a mine operator without separate surety if an career and educational development opportunides." operator can demonstrate financial responsibility. From 1993-1995, DNR has provided natural resource-relat- ed educational services to more than 475,000 people. This SB 206-Implementation of Amendment 16. Sponsors: Sen. includes providing: curriculum training and materials to more Bishop; Rep. George. (Signed by Governor) than 3,800 teachers and other educators; interpretive programs The bill clarifies the implementacion process for and activities to more than 260,000 State Park visitocs; and Amendment 16. It deletes obsolete language and positions hunter and angler education to more than 100,000 people. within existing statutes; establishes a notification and consulta- Since 1991, the youth educarion program-Youth in Natural tion process with local governments for Stewardship Trust nom- Resources-has provided full-time summer jobs, college prepa- inations; requires findings to be issued if existing mineral or oil ration workshops and environmental educadon to more than and gas leases are not extended or renewed; authorizes the 1,200 wgh school studenu and 100 college students at more • board to adopt rules; allows reasonable access to lessee records than 90 work sites-making YNR the state's largest youth corps to verify royalties; and provides bond-guarantee limits by the program. A companion program for middle school students State Treasurer to school districts, as well as a procedure to serves about 150 youngsters each summer in five urban areas. avert defaults. HB 1214-Water Division 3 Ground Water.'Sponsors: Rep. SJR 33-Water and Land Resources Study. Sponsors: Sen. Entz: Sen Dennis. (Postponed indefnitely) Amenr, Rep. Entz (Passed by Legislature) Tliis bill was proposed by water users in the San Luis SJR 33 authorizes an interim committee of the legislature to Valle to reco study water and land resources issues, with special attention to Y ~ze the need for better information concerning the capacity and behavior of the valley's complex ground water growth impacts. The interim committee will look at the role of system before many additional wells are permitted. The water resource transfers within and between basins; the com- Colorado Water Conservation Board and Division of Water pensation due to basin of origin when water is transferred; the Resources were prepared to fund significant new studies to role of local land-use controls; and the legal remedies available improve the lrnowledge of that aquifer system, so that the com- to public entities that may not be able to develop water supplies munities and irri atocs who de end on these as a result of local requiremenu. g P ground water sup- plies could be assured that future limitations on the withdrawal HB 1132-Limitation on Landowner's Liability. Sponsors: of ground water are supported by sound hydrologic information. Rep. Reeser; Sen. Ament. (Signed by Governor) HIB 1358-,Supplemental AppropriatiodCapital HB 1132 makes a number of changes to the State Construction Native A uatic S Recreational Use Statute (RUS), which provides liability protec- ' Q P~~ Facility. Sponsors: Rep. Grampsas; Sen. Lacy. (Passed; Governor action pending) tion to private landowners who voluntarily open their propeRy The bill grants the Division of Wildlife $1.1 million in for public recreation. A primary section specifically provides spending authority to build a facility in the San Luis Valley for liability protecdon to water companies that allow public recre- rearing native aquatic species, including those identified in the adon along ditch banks. T'his provision will help pave the way recovery plans for threatened and endangered species. for many agreements with these companies to allow canal roads to be used as recreational trails. 5 ~ WILDLIFE ~ i Whiding disease forCes Changes in StoCking SChed- snowfall threatened big game populations in some areas and ule. T'he presence of the whirling disease parasite at most forced feeding programs azound Gunnison and Steamboat state hatcheries has forced aquadc managers to dramatically Springs. alter their trout stocking plans for the 1997 fishing season. Despite the weather, Ellenberger said the state's elk herd "With 10 of the division's IS trout-rearing facilities posi- is in good shape, and in some areas populations are above the tive for the pazasite, there simply aren't enough negative fish objectives set by game managers. Game management units on for these waters," said Hatchery Manager Eric Hughes. the Grand Mesa, in portions of the White River National Forest To ease the crunch, Hughes has worked to obtain trout and near Craig will receive more elk licenses. from other sources that have not been exposed and test nega- The commission approved issuing 14,243 either-sex deer tive for whirling disease. The division has purchased more licenses-a 2-percent decrease and 8,456 doe licenses-a 4- than 105,000 fish from private hatcheries and obtained 1.2 mil- percent increase. - lion subcatchable trout from federal rearing facilides. "In most areas, deer numbers are lower than we would Total catchable rainbow trout being stocked this season is like," Ellenberger told the commission. He said deer popula- 3.7 million, down 33 percent from last year's 4.8 million. The tions have increased in some areas, but overall have still not resulf is that many popular Colprado lakes and streams will recovered from the hard winter of 1992-1993. receive fewer fish than in the past. Dozens of popular waters More than 14,000 pronghorn antelope licenses will be on the Westem Slope will be most affected, along with some issued, about the same as 1996. For the second yeaz, southeast Eastem Slope waters at higher elevadons. Colorado will receive more pronghom licenses than usual, "We're working hazd to reduce the impact that whirling reflecting population levels above game managers' objectives. disease is having on our trout stocking," said DOW Director The commission heard more than a dozen southeast John Mumma. "The $10 million we're planning to spend on Colorado residents urge a year-round season for coyotes our hatcheries during the next three years is one step we're tak- instead of the current November through February season. ing to overcome the threat whirling disease poses to wild Several conservation group representatives urged commission- trouG" ers to approve regulations prohibiting contest killing of small By the year 2000, construction improvements should elim- game, including coyotes and prairie dogs. inate the pazasite, along with other potential aquatic pathogens, Rancher David Mendenhall said that he recently killed 25 from most of the sta.te hatcheries. The division hopes to have coyotes in a two-week period to protect his livestock. "We more than 3 million disease-free catchable trout available for live off these lands, and we have to control coyotes. They're stocking as a resuit. part of the ecosystem, but we need to control their numbers." The short-term good news is that anglers who enjoy fish- Wildlife commissioner John Stulp, who owns land in ing for 10- to 12-inch stocked trout still have plenty of oppor- southeastem Colorado, reminded ranchers that state agriculture tunities, particulazly at major reservoirs. Even though the laws allow landowners to kill coyotes that threaten their live- numbers are down, millions of ready-tacatch uout aze being stock at any time. The division's regulations address only stocked both east and west of the Continental Divide-not to sport hunting, not predator control. mention more than 10 million sub-catchable trout that will "'There is yeaz-round control of predators allowed" said grow to catchable size in one or two seasons. Linda Tipton of Boulder County Audubon. She said she was opposed to a year-round hunting season and instead favors a Wildiffe Commission approves more elk licenses. shorter season that protects coyotes when they're giving birth The Colorado Wildlife Commission has approved nearly and nurturing their young. 63,000 antlerless elk licenses for 1997, the second most ever At its July meeting in Snowmass, the Wildlife and 8,000 more thazi last year. Commission will consider re-establishing a year-round coyote The commission approved the increase May 1 in response season. Commissioners will also discuss restricting contests to an increasing number of elk in some areas of westem where more than five animals may be killed. Colorado-cven though hunters killed almost 54,000 elk in 1996, the most ever. The number of limited deer licenses will decrease slighdy, reflecting continued concern about mule deer. Pronghorn ante- lope and moose licenses will be similaz to 1996. "Last year, 1996, was an excellent hunting yeaz with record harvests for elk and bull elk," said John Ellenberger, the division's big game coordinator. Ellenberger added that heavy 6 ~ i ' &A STATE PARKS &A : New boating regulations go 'tnto eNect. When stage for new requirements in HB 1134 that affect young opera- Governor Romer signs House Bill 1134, new boating laws will tors. These requirements go into effect Jan. 1, 1998. After take effect immediately on Colorado waterways that are of par- that date, a person under 16 years of age is generally prohibit- ticular interest to users of personal watercraft or PWCs: ed from operadng a motorboat. Persons 14 years of age or • Operators of PWCs will be required to use emergency older can operate a motorboat only if they have completed a engine shut-off lanyards if their craft has them; boating safety course accepted by Parks and have the certifica- ~ • Operation of personal watercraft will be prohibited from tion in their possession." - one-half hour after sunset to one-half hour before sunrise; Young boaters can meet certification requirements by • Operators and passengers of personal watercraft wili be compledng other accepted courses, but State Pazks plans to required to wear personal flotation devices or life jackets; offer a home-study course that combines basic boadng safety • All motorized vessel operators must adhere to the new def- with an additional section specifically addressing PWC opera- iniaons of careless and/or reckless operation; and tion. To complete the home study, candidates must attend a • Penalties for noise and for equipment and operation viola- review session and pass the required exam. Young people dons will be increased. completing the course will be required to have a puent or "Most PWC accidents happen with friends or family mem- guardian accompany them during the review process. bers of the PWC owners at the controls," Dennis George, boat Specifics on these mandatory boat safety courses for youth will safety coordinator for Colorado State Pazks. "Owners have a be announced later in the year. responsibility to make sure anyone using their craft is lrnowl- State Parks has gotten the word out on the new laws by edgeable about its operation and the laws that apply." providing flyers to boaters as they enter the parks, posting Rick Storm, Pazks' chief of law enforcement, adds, signs at pazk entrances and cooperating with other Colocado "These new laws aim to improve the safe use of motorized recreation managers and equipment dealers to get the word out vessels on Colorado waters beginning this summer season. on the new laws and on boating safety. However, with long-term safety a goal, these changes set the . ~ • PUBLICATIONS 8c PROJECTS ~ . . CGS distributes teachers packet on minerals and environment after mining is completed. This restoration is mining. T'he Colorado Geological Survey (CGS) has assem- part of today's normal mining practices. bled a packet of videos, computer games, brochures, pamphlets, To request a packet for your middle school or high school, workbooks, posters and a curciculum on minerals and mining please send a letter on school stationery to: Jim Cappa, Mineral that is being distributed free of charge to Colorado middle and and Mineral Fuels Section, CGS, 1313 Sherma4.St, Rm. 715, high school earth science teachers. Denver, Colo. 80203. The Survey's telephone number is The CGS has sent more than SSO letteis to middle and 303/866-2611; the FAX number is 303/866-2461. senior high schools in the state advertising the packet The packet, which was assembled as part of the CGS's Mineral River mechanics road show logs plenfy of miles. The Education Program, contains videos donated by Caterpillar River and Riparian Study Center that is owned by the Colorado Corp., Asarco Inc., Pikes Peak Mining Co. and Cyprus Amax Riparian Association and managed by the Colorado State Soil Minerals Co. Also included are brochures and other informa- Conservation Board has been to every comer of the state in the tion from several other companies. last 60 days. The unit, which is mounted on a trailer, demon- Part of the CGS's mission involves providing geological strates how changes in river systems and land use can have a information to the public. The information in the packet was dramatic effect on rivers and adjacent lands. selected to provide information on the following points: Carl Zimmerman, the SCB's West Slope field representa- • Mineral and mineral products play a very important role in tive, has conducted demonstrarions in Grand Junction, Hayden, our daily lives from the moment we turn on a light switch, Cortez, Durango, Alamosa, Montrose, Delta and Cheyenne, brush our teeth and drive our cars. WY• 'I'he SCB's John Berst has hosted demonstrations in • The mineral and mining industries play a very impoRant Sterling, Rocky Ford and at the Youth Water Festival at the role in Colorado's economy--over $2 billion in 1996. Community College of Aurora, sponsored by the Aurora Rural Colorado is especially dependent on these industries. Utilities Department. Chris Bridges of the Colorado Water Conservation Board Office of Water Conservation used the • Modem technology has improved the efficiency of mining. trailer to help Everett Middle School students in Wheatridge • Modern-day reclamation methods aze used to restore the leam about the environmenC 7 . ~ WATER PIC1ftA R1VAr (conHnued hom page 1) WatAr Study (conflnued hom page 1) U.S. Fish & Wildlife Service has reviewed projects for regula- region, assess the long-term consequences of continued reliance tory compliance with the federal Endangered Species Act on non-tributary ground water and evaluate future water devel- (FSA) on a case-by-case basis. Water project operators and the opment as it relates to interstate compact obligations. states have contended that it is impossible to accurately assess Three public meetings were held earlier this year to edu- the effects of individual water management actions in the Platte cate people about the study and solicit their input on study top- River Basin in isolation from all other actions. ics. The study team is also publishing regular newsletters to "Colorado water managers contend with more than enough update interested persons on the study's progress. uncertainty from our drought-prone climate in meeting the The study team hopes to complete its work by mid-August, water needs of our citizens. Removing uncertainties associated and the special legislative committee plans to conduct another with the ESA, while also significantly improving the condition series of public meetings to share its findings and obtain addi- of federally protected species and their habitat is a real benefit tional public comment. to the people of Colorado," said DNR Executive Director Jim Anyone who would like to be placed on the study's Lochhead. ' newsletter mailing list or who would like more information To obtain a copy of the 150-page agreement or a suaunary about the study should contact Mike Serlet of the Colorado of the agreement, call 303/866-3311. A nominal fee will be Water Conservation Board at 303/866-3441 or Jack Byers of charged to cover printing costs. the State Engineer's Office at 303/866-3581. * - . - . . Colorado Department of NatUral Resources 1313 Sherman, Room 718 Denvere t CO 80203 ,4 ,~j? ~y til"s' ,r . `•;,~;v VE ` w ~ - ~ t f :CL`1w . .~~.~?'~E~i :~.•:.e:; ~ ..I 340100000 J°"-E''' ~ ti sry~ ~y w : ~=.:.r~' l1 ..S L _ _ .«..o:as" c'u S 5 :'i u • ~ RECEiVED JllN 9 1997 TOWN OF VAIL XC: L~~G ATTN: MAYOR 75 S FRINTAGE RD VAII. CO 81657 RFCEIVED ,3UN 9 1997 ~ Printed on recycled paper 06i16/97 16:15 a 2108242557 SHEERIN/BURTON P.01 Y.ARRY SHEERIN 7701 Hroadway, Suite 206 San Antonio, Texas 78209 210 /824--1879 FACSIMILE COVER SHEET DATE: 6/16/97 TrME: SENDER: Betty Lou Sheerin SENDERI'S FAX NO. 21(Y824-2557 ' TO: Town Council FAX NO.: 970/479-2157 NO. OF One PAGES: OPERATOR: Sylvia MESSAGE: As owners of a condominium known as the Talisman Condaminiums, my husband, Larry Sheerin, and I stirongly ; oppose your consideration, ar much less appraval, of the project known as "Streamwal.k." We respectfully request that this matter be removed fxom tihe Town's agenda immediately and not be bxouqht up in the future. Since ely, o-~.-- setty Lou Sheerin , 06/16/97 14:08 FA% 7022218044 b[AC EQUIPbIENT LV IA002 VILLAGE CENTER ASS4CIATIQN . 124 WII.LOW BRIDGE R4AD • VAII.,, COLORADQ 81657 June 16, 1997 i Vail Town Council Town of Vail Vail Colorado Attn: Mayor Bob Armour, Sybill Navas, Paul 7ohnston, Ludwig Kucz, Kevin Foley, M'ichasl 7ewett and Rob Ford Subject: Amtria Haus Svvimming Pool Dear Couacil: V'illage Center has been cooperative with the Austria Haus redevelopment projed and has not taken an adversarial position, however, we are disappoiaed to learn a swimming pool has now been added to the final plans of the Austria Haus. We are extremely disappoiirted of the location, being on the Southwest corner next to Vttlage Certer pWCrtv. We are conc,erned because of noise from uaers and also unaurthonized late night use by guests and trespassers. The proposed location is not acceptable to V'illage Center. Our first positian is to remove swimming pool from plans. If that is not possi'ble, then the pool should be maved away from adjoining neighbors- - t We suggest tbe pool be located in the center of the Austria Haus property, their management wili + be more concerned with regulating noise from pool users, because it w71 be dishubing their own guests. Management at Austria Haus will be more responsive to complaint,y as they will be their own guests and not adjoining neighbors Respectfully, . f . ( w , ~ . 1 , i 8stid pr~ ~1llSgC CCIlt6I A330C18tLOII ~ ~ . ~ 1 06/16/97 13:33 FA% 7022218044 MAC EQUIP3IENT LV 0002 AL - - - - • - - - VILLAG"E CENTER ASSQCIATIQN 124 WII.LOW BRIDGE ROAU • VAII., COL4RAD0 8 1657 June 16, 1997 Vtil Town Council ~ Town of Vail Vail, CO ~ Attn' Mayor Bob Armour, Sybitl Navas, Paul 7olmston, Ludwig Kur7 Kevir~ Foley, i 11~chael Jewett and Rnb Ford 5ubject: Austaa Haus, Stream Walk Issue ~ Dear Council: ~ We taloe this opportunity ta retnind you of V'illage Centei's opposition to a stream wallc on the . North eide of Go,re Crcek next to our property . V'illage Center is officislly on record witlt our Ietter dated Febnary 28, 1997 from our legal counsel statiug our opposition to the stream waik. ~ It ie legallY improper for Town Council to make thc stream wallc a condition of the Austxia Haus I development. - Additionally, if there is a condition not to remonstrate, it should be removed_ ' Should the Town of Vail requine c;onshuctioa of the stream walk ae part of the SDp approval, or, if Town of Vail attempts to construct the stream walk after the fact, V"illage Center will have no option exoept to take legal action. Respectf'ullY, I ~ ~ • ~ ~ ~d Ptmant, V'diage ceaw Assocmoa ~ ~ ' . I ~ I 06/16/97 13:33 FAS 7022218044 MAC EQUIPMENT LV 0003 I • . . ^ . - ~ . ' ELROD, SATZ, PREEO, IAC1K, Richard B. Elrbd MOLSplv & MLY~MAN Marrin J. Green Mielwcl M. Kaa PROFFSSIONAL CORPORATTUN Richard M. Has. Jr.- Roben L. Prceo Attorneys ad Counsellors nt law ]emy M. Ctmm , Harley K. Look. Jr.- Mari{yn w. McWdliams Puer R. Moisan IlzO I.mmm Sereee. Snjle 1i00 Karhryn A. Rea+re3 Eldon E. 5ilrtrman7 Denver, Colorado SOZ03-2139 Glbert R. Egk reYpbme 303-8321900 sriaq E_ pponto Atw uatoa in c&uro.dn7 Tekeopier 303-863-0112- rimothy Jocdan Alse tirmsoa in Flor;e; . . A1~n I.+oenfeA ie ILLm L'ICtl6ad iu Wymuni- . Of GOlu15e1: ' wlso licawa in connxom^ Richard P. Roscn. P.C. Aho 4~ n1 Wih~tat ~ . . FebnUiry 28, 1997 . • _ ~ = SeIIt Via Federdl ExpreSS ~ The Town Council - ~ . _ . ' Tvwn af Va1 . . . i 75 Swth Frontage Road • _ - . Vail, Colorado 81657 . _ , . . Re: 4bjection of Village Cxnter Condominiums to the proposed Streamwalk . , Uear Council Members: . . As cotinsel for Village Centsr Condominiums ("Village Centerthis letter is written . to briefly set forth ViAage Centier's oppasuiaa to the recuaern mghtmare proposed by thc Town of Vail Community Development staff commonly lmown as ibe Stteamwalk. The elemeats set forth in this Ietter wene preseuted orally to the Pianning Cammission on • Fcbruary 10, 1997. The purpose of this 1etter is to reitierate tbat position for the benefrt of the Town Couneil in their further dehberation concerning this matter. 1. Histm. The following history is pneseated as support for Village Center's position a. .1202. Zn 1962, Va1 Associates, Ltd. a limited partnerShip, then ow= of ' . much of Vai1 Vi7lage, incIudipg the stream banks, filed certain Protective - ~ _ Covenants desigued to describe land uses and controls. . , . ! b. 1971. The above referenoed Protective Covenants were amended in 1971 by . • V'ail Associaies, Inc. , a Co2orado corporation, de then cument awner of the ~ . subject matter property, arhich, once again intepded to descn'be land vse limitations anid in pertineit pazt, stated: 1.2 THE S[JB]FCr LAND shall be used, held and maimsined 'm ~ good ota and condifioa by fie Town of Val (subject to eanstv4g or. - recorded easemeuts aml rights-Of-way) for use az all times as a vacarlt ! and undish¢bed opea area in its uahual condition and no suucture; buildiqg, or improvemem of any land or cbarader, whecther temporary . Ot peIII1a1lCIIt. IDa3? bC mCted Qt me.intfllnr-d d1CI1COII." . i V111~9e\97o109-1901 06/16/97 13:34 FA% 7022218044 MAC EQUIPMENT LV 0004 _ , 1be Town Council . Town of Vail . . February 28, 1997 . . PaSe 2 . The referenced subject matter specifically includes the sfteam bank area in qaestion-Said annendmern was filed witL tbe Clerk and Recotder of Eagle. ~ County on August 30, 1971 and has remained unaltem.d smce that date.-= ~.r.:. . ' : . c. 1972 to 1974. Between the per[od 1972 aDd 1974 the VMage Center : Condominiums were consmud and from mceptian the owners thereof _ became stewa=ds of the stream bank adjacent to their propmty, nsing their be,st efforrs to mairrtain same. d. 1975. Village Ceater, in their attempt to enhance the saeam banks adjacent to their property, entered into negotiatioffi with the Town of Vail in 1975 • . proposing a public/private partnership for purposes of laudscaping and , - ~ mainamiug the stream bank area. Such efforts culminated 'm an a~ement . . betuveen the Town of Vail and Villa.ge Center wherein the parues agreed to a. public/private parmersbip with the Town of Vail and Village Cender splitting - . the cASts for certain agreed to improvements to the stream bank area. . e. 1976. In 1976 the Town of Vail engaged the services of landscape architects Roystoa Hanamoto Beck & Abey far the purposes of developing what was referred to as the Village Center Landscape Plan ("L,audscape plan")- Over 90 % of thc land involved was tbe stream bank adjacent to the Village Center. f. 1976 to 1979. In the period 1976 ta 1979 pursaant to the public/private ' Parmership and the I.andscape Plan prepared by the Towa's ]and.scape . architects, approximately $22,300 was espended by the Town of Vai1 and by \ Village Center Qn a 50150 basis in implementing dLe Landscape Plan. Yn addition, Village Center expended $3,600 of its own funds to provide irrigatian for the installed landscaping. Ftuthermore, my cliemts agreed to, at - ; their costs, corninue to maintain the landscaping, which they have done for the . last 21 yeats. In 1978, the stream banks were conveyed to the Town by Vail Asspciates with the following provision: .:F : . . "Upon the express condition that the properiy be used solely as open - ' space, or for public use purposes, but if the property shall ever beused for ather than as open space, or far public use purposes, then the pariy . . of the fust part and its successors and assigns may re-enter and repossess the praperty as of their former estate." ( Yillege\970102i1901 ~ 06/16/97 13:34 FA% 7022218044 MAC EQtTIPbiENT LV IA005 . The Town Council • Town of Vail Febiuary 2$, 1997 . . - • . Page 3 . . The Town of Vail took snbject to the Protecrive Covenants as amende& : . g_ 1989. In 1989, the issue of the Vail SheamwaUc was first inhoduced aith the , proposal of - e,xtending the curnnt trail system from the Covered Bridgc to the . Irner,oational Bridge. Public out cry at that time was enoffious. Cancems . ; over emironmental mmpacts, recNned ArmY CorP of FinSinoar aPProwL . . . . peimits, costs, evasion of privacy, seCUrii}?, loss af propezty values, . detrimental economic loss to the businesses of Vai1 were but a few of dYe . cancerns raise.d by the public at large. The Stxeamwalk was not part arf the VaR Master Plan,npr was it m the I.andscape Plan agreed to by tbe Town of Vail. In August of 1989 the Sft+eamwalk was dropped and acxording to the then town suorney, LarrY Fskwith had become a°dead issue". Mr. Eskwith went on at that time to question the validity of the Protiective Covenam as amended, evidenciug the Town's knowledge of these issues, but failed tv . gursue the matter further. . h. 9~. All remamed quiet unti11993 whea once again the staff bmughd back to the Town Council tbe "dead issue". At that tuae discussion groups vome held; inspections of the affected areas were conlucted, lengchY meetings baween the . public, staff, Planning Commissioa and Council Members were conduc:ted with a resulting five to ane to one defeat of the Sftamwalk_ Pursuant to tbat votc tbe Streamwalk was puUed fmm the Open Space Master P1an and to the best . of our ]mowledge, snch is currently sWl the case_ - _i. 1996. With the redevelopment of the Austria House tbe night. mere once again • . re.gurfac.ed. , . U. Arguments in SuMrt of Vail Center Condominiums' Opposido to the Streamw ' The following argaments we=e presented w the planning commission in suppmt of my - clieut's opposition to the Streamwalk: . . . . 7,.1. IDegal Activitv. The proposed Streamwalk is both legally and moially . . corruptr. We believe the Protective Covenaats are specifically enforceable and that the Town would be equitablY estoPped bY both their actions and macdons J. with respecc to these issues. In particulu, the Protective Covenants have been . ~in forcc since 1962 and as amended since 1971. The Town specifically took - subject to the.5e Proteective Covenaats when the property was deeded no tbem_ The Towa made no effort to modify or a4andan these cavenants and, m fact. ~ - ~ Villaga%470102-1901 ~ 06/16/97 13:35 FA% 7022218044 IiAC EQUIPMENT LV IA006 ThC TOwm COAIICll Town of Vail - . Febniary 28, 1997 Page 4 entered into a privatelpublic partnership with Village Center in part to enfo= _ thesc covenants- Suuounding prapertY owners have acquired their interests in I detrimental reliance upon these covenauts and the public/private pameYShip: _ , To ignore 21 years of consistea policy, prac.tice and relianoe would be I . manifestly unjust (5ee Jafav v. Boud of Couniy Gommissioners of Boul~er . _ . . . Co (Supreme Caiurt of Colorado 848 P.2d 892). . ~ . - ~ Furdicrnnore, we believe that the removal of this item from the MastEr Plan precIudes this mato= from being even considered without a formal proposal to modi.fy the Masoer Plan as required under the Ordinanccs of ffie Town of Val. ' ` x. Sufficient Current Access. It is readily appareni that tbas particular area already affords more public access io the stream tban nearly anry other section I of said suesm withm ibe Town's boundaaes. Thousands of dollars riave been . spent by the Town on the Gore Creek Promenade, pocxet parks the pecies-trian ~ bridges and the viewing bays. . . 3. Costs. We believe that the costs of imcoducing a side walk in this azea would 'be prohibitive, both in terms of the uutial consOniction costs, as well as co~tinuing maintenance, Substantial vegemtion would have to be uprooted, . - including ffie removal of numerous tr+ees and animal habitat. There ate a . . - number of ather needs in the Tawn of Vail and the sunoundiag valley which . . cry out for the use of these funds and for which the benefits would be far greater than the use of such fimds for a iurusive side walk. 4. Adverse Economic Impact. To the extent that foot bcaffic is moved to that side - -of the creek, walk by tra.ffic for the businesses along the opposite side of the _ stream wauld-be feh in the form of reduced revemes, wLich would result in a: - further loss of saies taxes. - S. Lack of Public Support. T'his matter bas now been brought before the public : on three separate oocasions. V{le believe the pllblic bas spoken loucHy tbat it does not support this conocpt any more today than it did in 1989 or in 1993. • - . . . , : s•; 6. Loss of Property Value. Village Center believes that snch an inOrusive . - . . . .J:~~.'~•: _ • t" ' = . . sidewalk wffl result in severe secmity problems, maintenance problems and an . overall decrease in the value of their properties as their rights to privacyr will . . be invaded by the close proximity of this side walk to their living uaits. ~ ~ Yillage\970102-1901 06/16/97 13:35 FA% 7022218044 b[AC EQUIPbiENT LV 10007 .J' . ~ ~ • • . ~ . • . ~ , . 1'he Town Couucil ~ ~ ~ . , _ . . . • Town of Vail Febxuary 28, 1997 • - . Page 5 _ Eff. Canclusi'~. In conchusion, we believe that it is both mordlly aad legallY imPropet for the Town Cauncil ta consider. 1et alom implement a s~amwallc. For t~e ~o~s stated above, " we ~d,iuy requesc tbat this ma~, ~ance and ror au, be remved rrom_ tl0 - ; ; . . ; : . . Town's agenda. Respm"y submittea. . . . _ : _ . _ . _ : . _ . - . ~ . ~ ELROD9 SATZ, PREEO, I.OOg, - • . - . , ~ . , . MOISUN & SII.VERMAN, P.C. . . . . . - . . . . . . , ~ - ~ Robert L. Preeo - . - . - . . , . - ~ ~ . - - . . . ~ ~ . _ . , a ~ . _ ~ ~ ItICHAitp P. ROSM, P.C. ~ ~ ~ ~ . . _ . - ~ • . ~ ~ . . . . . . P. Rosen t - ~ _ - _ ~ - ~ • _ - - ~ . . ' - • ' " = ~ - . . ' . . . ' . - - . " . . . . .7: . . . . ' . . . . _ : . ' , ~Sj::'. . • .t.. _ ' : _ . . _ _=_h..; . ~y . " . _ - _ ' _ "3•_' - • . • - • . '._`•'~<sr-•`-M::' ~ ' . . . ~~µT5TC5d.'}~" _.T._.t'' _ . 7r••~t' ~l:,K~: _ ' °~j'.: _ ' _ •'a' . _ . . _ _ _ • • r . _ i ~:'d:iM1 ; _ _ . .+~'81i''. '~•.'•r r:. _ u?~y~~i~~ ~ ~1J:Y ' V ~ .ti~ Yr•.: . - .~.~.r...~_y_~...._~ r_ _ s~~A?z. ~ . ' . . . . ~°~r_nJ~"~.._:-~.rtY!a.~s • ,.~y_~ ~.i~` . _ :_...i : AC=i._.:~.. - M/. ' ' p~i..•= k_Ait S?f~ 1 ~S~S:1,, a•:'c' , ~ ' cy=e+.'-::.^~cry - ' n ~c~„~_,'e- - • "ti .~~__~n...... - - - ':.w: ~-..~r. ~.:v~'~~.~• " - ' -..T;TTJ - :r':=~ ' r_.- ~r___t_.~•.Z.~h" - . NS.GL'Cn~:;~ . _ . a: :~?w. ~~_'~~i_4is,;•,:_ : _ _ ' ~ t • - - r _.'C - _ " ~~'c,' 1~. =?~e'L-.:s`:~~ .:p~r'~;:,•-^ ' : . 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Z7-e~t,~i1 d~~ ~ L~Zt-,c,lc L~-~ ` ~ . . , - / . . . . _ . . ~ ~ . - ~:t. - . - - . - - - . _ ~i . . 7 - - t-k c~~ j ~ - . . vx`~j - ~ - ~t.eG. : - - - • --~D?~- f ~ ~1`"'-~ "?CS • C1.~ Cvi~ ~ G ,Q~ d-fi „ ~ ~ !/~t-,,~q 7ti. ti ~ i JUN-16-97 MON 12:05 HAYNES t'ECH SYS FAX N0. 3037790787 P, O1 r^ RECEfVED JUN 1 6 1997 7 V7-4AYN~,~ MECHA01P1CaA1- C c'~`YSTEM~ June 16, 1997 The Town Council . Town of Vail • I 75 South Frontage Road Vail, CO 81657 Reference: Property Ovvners Objection to the Strearn Walk Gentlemen: As an owner of properiy in The Tatisman Condominiurn, I would like to express my objecdon to the construction of the Stream Walk. ; Ordinances and amendments for over thirty-fve years have been on the town books ' addressing the use of areas para)leiing Gore Creek_ As recently as 1993, the town council voted overwhelming in favor of supporting the existing ordinance and amendments. ~ The views expressed by the 1993 turndown clearly reflect the views ~ ththat the town council represents. This view today, as it was in 1993 she const~tuenc~! and the Stream Walk issue should, once again, be defeated and '°~ld be respected from further consideration. Petmanently be removed Very truly yo , urp ~ ~ Fred Haynes H&W Properties _ nit #190, Talisman Condominiums, Vail, CO cc: Tom Saalfeld - Ptarmigan Management ` F:061697vc ~ 5654 Greenwood Plaza B/vd. • Greenwood yi//age, Colorado 80111-2385 • 303 / 779-0781 • 303 / 779-0714 (FAX) e ~ " Ghma • 719 North unden Drive Beverfy Hills, Califomia 90410 June 16, 1997 . By Fex: (970) 479-2157 Mayot Bob Armour Vail Town Council . Vail, Colorado 81657 Iie: The Streamwaik and The Talisman 340/ 240 ~ tyear Mayor Armour: ; Here we are eight years later and the same issue o[ the streamwallc has emerged, again. 1 am sending my lether of July 14, 1989, to yau. .Nathing has changed except Tom Saalfeld is now our l Talisman Condvminium Manager, our phone number area code is 310 not 213, you are a new council member, there are new town planners who need to be educated and we are all eight years older and hopefully much wiser. The famous saying "Those wha do nat learn from history are destined to repeat iY", is quite meaningful here. ; You are a new council member and town planners love to rreate projects for you. Our tax dollars support you and your causes: I come to Vail very often for "the Vail experience" with my husband, Herb and our family. Life has excessive stresses these days, mare tia'than when we purchased our condominium 27 years ago. Between the air pollution, noise pollution and traffic, one longs far the peace of the mountains and creek We spent 3.months this winter in Vail and will spend 1 month this summer. We shop in the shops and mazkets, eat in the restaurants and use matty commercial services. Are we not qua)ified tourists/visitors to have our needs met and have a eay in town issues? Creekside at the Talisman is not conducive to this streamwalk. I walked it with the counal in 2989 and nothing has chan iged. , There is another very importartt issue - SECUIZTTY. We had a stallcer in our buiIding in 1993- 1994, wha stalked one of our owners for abaut a yeaz. He was Iooiing the Iockers and "doing dtugs" in our lower level. I had a rnnfrontation with this person "Glenn" and almost had a heart attack. I was very thankfui for the police. We have redone lhe Talisman catnmon areas and now have a locked building. Creekside (the rear) is another problem. The configuration of the rear dces not allow the same security as does the front. With inaeased foot traffic we are very vulnerable. Talk about stress - who needs it!! 1'lease evalu,ate vnce again, as the new Tavm C.oundL We are lootdng far peaaeful experienoes trot apieoe tihat wiI beoome an attactive nuisanae. $j? ft way, the invitafian offiered in 1999 for mffee on our baIoony is sfilI open. Y Z ~ G~ TaHW= C.cndaniniums 2401340 " . . w:.,.,.._: _ . . ~~.r~- . . IOd 100 O-MH b9b[OSSOIE a3SH-10 OE66bLZ OiC 65:St Z6,91'N(lf ~ JUN.16'97 16:21 310 2749930 GLASER .3105501464 HELLO 00,8,P01 + 719 North Linden Drive Beverly Hills, California 90214 Post it• Fax Note 7671 Dab G/ To Pam? .7u ly 14, 1989 ~0JD8 ' ~ , ca PNOne Y Fax t ~~~o` s~f :3 3 r-iic e~iv Ken Ro$e, Mayor Town Councii . 75 Sotith Frontage Road ~ Vail, Colorado 81657 . RE= PROPOSED STREAMWAY PLAN bear Mayor. Rose, . : My husband Herb and I have been coming to Vail from Los Angeles in summer and winter since 1965. rn 1970 we purchased Gon- dominium 340 at the Talisman. Our two children, Jon and Tamar were 7 and 10 at the time. They grew up on skiis here with Grant Teeple as their instructor. Sn fact, I am responsible for arranging the memorial plaque that is on Rams Horn with Grant's friends and Bob patker. We have loved the years here and look fozward to many more. Tn August 1988 we purchased unit 240, below u8, and are now in - the construction phase to connect the units. will be creekside. We pwn aOur master bedroom have PPXOximately 2500 aquare feet and.. ; quite a tax bill of which I am sure ~ you are awaze. I vail has meaat privacy, peace and quiet to us with a dimension p quality to our lives. We u a w i n d a n d r e f r e s h ourse lves with e a c h season's offerings. Lds Angeles has emog, traff ic and a busy life for us - we need Vail as our respite. ~ Vail is really on the map with this year's WorJ.d Alpine . Championships te2evised worldwide and Front Range advertising. r More visitors than ever are Flocking to this town, as was proven I to me on .TUly 4 th . I did attend the Town Council Meeting on May 23rd, but did not ' speak as r fel,t everything had been said and I didn't want tv be repetitious. I thought the council was Iistening. sat on my neighbor, George Shaf£er's (260 unit) balconweVtryi as I to rest at 5:00 p,m. on July 4thy a family.of 5 was enjoyinthe boulder in mid-stream laughing and shouting at each other• i !realized this issue had not been resolved. After 20 minutes I ~ got up and took a walk streamside. Thinking about the proposed streamway 10 feet from our balconies, I walked to the Willow . ~ Hridge and stood near it for at least 15 miautes. Ten people said 'Hello' to me and within 4 minutes 35 people started to ~ . . JUN.16'97 16:22 310 2749930 GLASER 31`<c4 05501464.HELLO 008.,P02 ~~o:a... • :.~ir;:;~..._. • . . ' . • i' . . • 'i . . . :ti.: walk acrnss the bridge at the Sonnenalp/'VillaL9e Center side. I stopped counting, there could be 525 people dn houz.- zf 1Q~ (52) of these people turned right they would walk by the Talisman: perhaps in qroups of Z, 3, 4, etc., talking to each other, saying how gorgeous and peaceful it is or saying 'Bello* - to me on*my balcony. CouJ.d I read a book, contemplate or just ~ listen to the creek and enjoy the beauty and solitude? ~ tivac i.s being invaded:: • Experience has taught me that slow walkere usually smoke cigars or cigarettes. My eyes water, I sneeze alld my chest closes up~ ' Let's say I am allergic, and smoke as we11 as sound rises. ~ One could say this on.Iy happens on Jaly 4th or July 8(art festival) or Labor Day, etc. Crowds wiil be here a11 the time. Why do I have to make allowances? i am an owner/visitor as ' such, entitled to privacy, beauty and the like,. I have endured the Edelweiss, Riverhoase, Lodge Tower - all have changed my vantage point. I have adjusted to them all with gzeat dif- ficulty, however the stream has been my buffer. M tivac is being invaded further. The Mountain Haus $treamway egznning ~ is embarrass ng to me. I cannot believe it. Z am tall envugh . I ta touch their balcony, ' The Streamway in concept is wanderful, however, it does not - be1ong between the Covered bxidge and Church bridge. My -'recommendation is to bypass this densely develo ed and two block area. P papulated ? , I invite you to visit my condo and sit ih my livinq room or on my balcony - try and take a nap and imagine the scene with our , privacy invaded. Wauld you put the Streamway in frant of your own home? My number is 476-7161, Irene Westbye, Talisman 14anager 476-5803 or (213) 274_9989. My pleasure, be my~ St, Xou sincerely, . ':.:'....:..,..'~ri~ SHARON GLASER ' Talisman Condaminium Owner . . . . ; -2- . i . , . . 1: From: Katharins PlLan To: Bob Armour Oate: 6/16197 Tims:10:44:08 Pags 2 of 3 Roy R. Plum _ 6 Isle Ridge West Hobe Sound, FL 33455 Faz: (516) 287-1758 June 16,1997 , To: Members of Vail Town Council RE: Streamwalk I am president of the Riverhouse Association at 83 Willow Place representing 10 condominium units/families. At every meeting of our association the subject of the streamwalk is discussed and 100% of our owners voice their objection to this project. We fear an invasion of our privacy (particularly those first floor units in the rear which would be within feet of streamwalk ~ strollers). We fear for our security. We would hate to have street , lights installed nezt to our windows, if that were envisioned as a safety solution We have always taken great care to plant the backyard of our building and we would miss this beautiful, irrigated landscaping with the river behind it (incidentally, this area has always been open to the public and is occasionally visited). ~ Finally, we fear a major devaluation in the present worth of our condominium units. Our owners are all aware of the covenant prohibiting the town from building a streamwalk on this property. In several cases, the condominium wiits were purchased BECAUSE this covenant ezisted and privacy and security were assured. We have recently sought advice from legal counsel and although none of us wish to get into a legal confrontation in the courts, we would probably seek recourse with other dissatisfied homeowners along the stream. From: FCetharins Phm To: Bob Armour Date: 6H 6197 Time:10:44:46 Pags 3 of 3 I have been a visitor to Vail all its life and I love it. The one distaste I have for the place, is the total disregard and disrespect for promises (and covenants) made about neighboring real estate, particularly by developers. "No one will ever 6e able to baild on the land between you and your view of the mountain (read river)" is rarely good for more than a few yenrs. Those of us who bought, lnowing it was contrary to the law of Vail to have a streamwalk invade our backyard, are angry. We feel this issue has been legally put to rest more than.once. ; I will be spending the summer in the Riverhouse , and I would welcome the opportunity to show any council member just how s erely this streamwalk project would impact on our property. My I p one number is 476-7146. ~ i Sincerely yours, ~ Roy R. Plum President Riverhouse Assn. ~ ~ I ; . , j . I I I I ! ~ . 06-15-1497 02:24f'M FROM Tiie Bookies TO 19704792157. ~ - REr~IV~n ~ ^ - _ . Frmr. Gteft v .0 ?aul ~ad ~ax: t303}6~-Q1?3 Sue an.d Matv Lut,7eck TO: Mayvr Bob Armour Re: Streamwo - ~ We hav+a D"R Yad proper#y ow mMr.s and Wucpayers f4r 25 yeats. Far mudh of tfis bime we were in the "Texas Tpwnhouses". Ampna ttre teasaM we left .ra ~rat vnit ~ t~e ~`~~~t of tttai Stctlan o# Streemwallc. !t wea a modecate lntrusioct o~r~ ouc prix~yr . ° - even ~ras on tfie ~er 3de vf Gere Creek FcW years ago We considered purchasing an apartment ln the River House (M Wigcw Ptace). It ;s on the fust ftW at the fear, oterlookirtg GQ.re Greek. @eGatlse ot atu _ expedence at Texas Townhouse, we were concemed abaut possible publtc icttrugW . : ert atrr baclcyarci'. We feamed of the covenaA# of which yoU are weg aware, feft . , prnteded, and proceedad with the purchase. We are unhappy and angry to see the Streamwalk proposat a9ain beiRg consideed for our netghborhood, !n edck,nn, aur Rlver Hom Owner Associagn has gvae to oon9idexabW expense i to keep our badryar+d tieaut#ful, whh grass, landscapinq, lbwers ar1d an Mrt"ntxt system,even thcwgh much af thfis Is under water during;he sp1ng runoff. ~ ~r YQu dort' eaate the degree of prlYacy invas+cxt and the Impect on f~e vafue of OP" ttm troamwaik wa,td have, PWass elJow us to takp you on a taur artid gNm YOu hc+? cbse tMls walk woutcf be to our property- i We are not tiiigious people by nature. but we iesl so strongly about thls tssue that - ` Mely ~ek fe9~1 .rQrr.t6dY 4y our5elves or as ~ of a gr+pt~.F sho~ttd tni~ pam i : ~ 86/16/1997 17:48 6718681 BERNIE SHWAYDER PAGE 61 Mr. and Mra. Irv* J. Shwayder . 1900 P,ast Cirard Piace #1501 Eng1eWO4 CO 90 110-3112 ziz wpc A&mdaw nr;ve - Viil Cp, 80659 . Juae 15,1997 TO: Tb,e Vail V'ilaage Towa Cauncil of Yail, Colarado RE: Strewn Watk . Dear Sirs TblS 1feW ca°dacaa tW ,proposed stream wailc from Vait Yllege ta Liom's Hexd, and dalares our ~ opposition to it. We can readily understand overyanc's desire ta wtlk alaoig our bmuliful riva; thia is preciijdy A?hy we bought ar Wk cur homes near it, lsowever, we aever emisioned a plan that woutd allow strangera ta i meaader at will, mght eud day, thraugh what are eirnially otu back yardel It would be aauch safer, for both rnsideats, and-Qedestriaxis, &r these sightseas to be on a we111iBbded, public tharoughfere auch ag am eTandTd Weet Meadow Drive. Thae alrnady is a beautiiful portion of path, aear the Gbrary, that oOmEcts tn L'uomis Head, which would make a fina extensioa to such an expansiom. 7 Tboexe are sv many other things w do in Yail. Thne are: shops, mtwxaate? ni8btclubs, thmtets, hikinB tmile, and bike mntals,just to name a£ew, and for tranquility thero are the Betty Fard Gardma. Oa the othar had = baaTu,litY, semn#y, atmd modicum of solin,de that wm enjoy aa home owaers, wrnild be triuxtpled uader ft feet aod cbattor of huudreds df Pnssers-bY, their dvga, and childnen. ~ No, Pl i abandon ynur plans for this rivet wallc. We support a poderWan expaasion of Weat Me.adow , Drive W ke,ep tbee pedestrians on the eti+ea, aad out of our windows. S;ncerely, ~ Mr. aad Mia. Irving 3. Shwaydar . ~ j ~ . 1 I ~I~. , . - . . -,-r••-• . P 81 : ' - ' . . • . . _...,:....:,i,...~~....... _ . . . , . . ~ r i~ Gayle M. Shaffer Vail Limited Partnership _ r 62 East Meadow Drive #260 ~ Vail, CO 81657 i' Iyr' ~ i June 96, 1997 ^ ~ I FAX TO: Vafl, CO Tvwn Council ± t r ~ RE: Propvsed Gore Creek Stream side Wa{kway ~ i We havef owned property in Vail for over 20 years and are the origina) owners of condo ~ #260 in e Zpressour alisman at the above address. We want to disapproval of the above prvject for the following reasons: I On pers nal bas(s: , 1. Econ ic hardship. The lass of privacy at having people walking direr,tly in front of ~ and pra 'ca11y within arms reach of our condo(many owners bedrooms face the creek), I ~ would g atly reduce our property value. A large part of the value af the building is the ~ unobstr~ted view of the creek and the mountain. Z_ Our p perty and homeowners insurance wi{I increase as a result of this public traffic in ur baclcyard. We currently have stairways which lead from the ground floor up to th Ttop floor with access to each floor. We would have to add extra security on these to prevent unauthorized entry. i On a practical basis: i. TherB I is simply no room to build a walkway along Gore Creek in back of the - Talismlrchants 8uilding. The current sidewalk uses aA the available land, which is only the 24 inch or width of the sidewalk_ 7he terrain slapes down from there to the creek and is all rocknd bushes. Any walkway would require the addition of extensrye landfill and ' have to buitt out over the stream. This would n,iin everyone's view of the creek. 2. 2. 2.Adde rc along the creek would result in more maintenance by the town for trash piCkup d safety patroi. 3. The along the current pedestrian ways would suffer if people took the ~ cteek pathway. This would ultimately result in Isss revenue to the town in lost sales tax dollars. ne reason the town specifically restricted many areas of the village as pedestri n was to benefit the merchants and restaurants. There a enough pedestrian patFts in the viAage and the valley to allow any and all to enjoy th scenery of both the mountains and the creelc. The construction of this walkwa wauld be a wasteful expenditure of taxpayer maney. We therefore respectf lly request that you not approve a Gore Creek Stream side walkway. /)U a4, . . . 96i16/97 16.15 a 21e8242557 SHEERINiBURTON ` P.el,' ' . 166t s t Nnr a3n13038 Y.ARRY SFIEERIN 7701 Broadway, Suite 206 San Antonio, Texas 78209 210 /624-1879 FACSIMILE COVER SHEET DATE: 6l16/97 TIME• - SENDER: Betty Lou Sheerin - SENDER'S . FAX NO. • , 21 Q/824-2557 ~ TO: Town Council . , FAX NO.: 970/479-2157 NO. OF • PAGES: One OPERATOR: Sylvia MESSAGE: As owners of a condaminium known as the Talisman Condominiums, my husband, Larry Sheerin, and I strongly ; oppose your consideration, or much less approval, of the project known as °Streamwalk." We respectfully request that this matter be removed from the Town's agenda inunediately and not `be brought up in the future. Sincc ely, ~ ~ _ Betty Lou Sheerin ~ ~ i ~ - T ~ . . . . . _ , _ - 06/16/97 14:08- FAZ 7022218044 1[AC EQUIPMENT LV . "0"0 • • , 2 0 i VIi1LAGE CENTER ASSOCIATION . . . 124 WII.LOW BRIDGE ROAD • VAII., COLORADO 81657 Jnne 16, 1997 - ~ Ysil Towa Cauaal . . . Town of Va1 . Yad Colorado ' Attn: Mayor Bob Armour, Syb'l1 Navas, Paul Johnstnq Ludwig Kurz, Kevia Foley, Mchwel Jewett aad Rnb Fard SilbJP.Ct: Al1StIlS H811s SWL_mp_IIg POOI Dear Councl- Village Centec has been cooperative with the Austria Hos redevelopment project and has not tal~en an adversarial posmion, however, we are disappointed to leffin a swiming pool has now beeu added to the ffiai plans of the Anstria Aaus. We are extrennely disappointed of the locztion, being on the Southwest corner next to Viiiage Ce~t }++nnem,. We are Goncetned because of nniee from users and al.so unauthorized latc mght use by gucsts and trespassecs. The proposed location is not aoceptable to V'iUage CeMIM. Our first position is to reznQVe swimming poal from plans. Ifthat is not possibleti thca the poal should be moved awaq from adjoining neighbors, r ~ We suggest the pool be located in the cxnter of the Ausnia Haus praPertY, their managemeIIt wm ~ be more concerned with reggating noise from pool users, be=se it wM be diswb' guests• Managemerit at Ausdria Hsus wt71 be more onsive to ~ t~r owa ~ guests aad not ad.. ~P ~mplaint~ as thry wfll be their Jommg mc'ghbors j. ResPectUX ' - ~ I / ~Gi Presi Village Ccnter Association ~ / - ~ I - ~ - - - - - , . . . . . . . . . . . . -..~~~....:,F ' 06/16/97 13:33 FAZ 7022218044 l[AC EQUIPNENT LV --''-"~Q~002 VILLM31-E cEvTER AssocIjkTroN 124 WII.LOW 8RID('E ROAD • VAII., COLORADO 81657 7une 16, 1997 ` Vail Town Counta Town of Vai1 VA CO ; AttL Mayor Bob Armour, Sybi71 Navas, Paul Jolmston, Ludwig Kurzy Kevin Foley, . ~ Mchae[ Jewett and Rab Ford ~ , Subject: Ausnia Haus, Stc+eam Walk Issue ; Dear Council: We ta]oe this oppottUnrty to remind you of VMage Cemes opposition to a strem walk an the r . North eide af Gore Creelc next to our ProPatY- ~ i ~ . Village Center is officxally on record witit our Ietter dated Febmazy 28, 1997 frnm our legal ! counsel sUting rnu opposrtion to the stream waIk i . It ie I eggly improper for Tawn Council to make th,c Strem wWk awndition of the Anstria gaus ~ developmeat. - AdditionaUy, if there is a candition not to remonstrate, it shauld be removed. ~ Shauld the Town of Vaff - rcquire canstruction of the stream walk as part of the SDD aPProvat or, ~ if rown of vail auempts to construct the stream watlc after the fiLct, V?I1age Ceatec wM have nn j option except tn take legai action. i . - ~ ResPecffuuY, ~ i , i I Gary ci PrCsidint, YilIase Ceater Assoca=on ~ . i i ~ 06/16/97 19: 33 FAZ 7022218044 MAC EQUIPlfE1VT LV . r' ELROD, SATZ, pREEp, Lppg, , xicmra B. ~rb~ MOYSON & SII, . I~~MAN Martia J. Gtaa Michad M. Raa PROFF.SSIONAL CORPORATION Rirhard M. Hess. Jr.' RobCR L. Pr+eto' Attiorneys ad Coiatsdioes at x.nw ]esseY M. Gttpl ' Aartey IC L,ook. Jr.- Mu,7yo W. McWaams Pdoer R Moison I120 Lmcom 5treet, Snt~ 1100 A. Rma EMon E. Silrtrman- Dtavet. Colorado SaZ034139 Gt16eR RIsgk ' Tekpbone 30-837,i9oo Bma E. oaoaro""" AEo tkm:a marroud: Tdeoopip'3Q3-8630i3Z• Tinyothy g. Jotdaa Abe t~oen+oa i~ F1e~i~ Abn Lioeeed i~ Wisoeepjp' . ' • - , Atco Ijazme : wymo,i"' - Of CoaaseL Alco Liccmd io Canoeman- . Aao t:rsa+es e ata~e~,n Richard P. Rosoa, P.C. _ FebYUaiy 28, 1997 % - r - ~ , ( , Zbe Town Council Sent V'ia Federal E~ress . ' Town of VM1 . ' -i. I 75 Soath Frontage Road • ! Vail, Co1o=ado 81557 . ' . Re: Objecticrn of Vmage Center Co.,d.,~,n,;n= to the praposed Str~allc Dear Comxal -Members: As coua.sel for Vffiage Cebter Condominiauis ("Vil1age Cea="), this letter is writtm . . to briefly wc fortli village center's opposimaa to the rccx=ent mghtmare proposed by the : Town of Vafl Community povelopmeuL staff cammonly bawn as the SttCamaraDc_ 1lie eIermeats set forth in this Ietter were prescmded araIly to the PIanaiag Cnmmission on Febrnaiy 10, 1997. The purpose of this lettrs is to reiterate that position for the beaefit of the Town Council in their funther deh-beration concezning this matber. His . Mie followmg hbtorY is Prescnted as support f+or Village Center's pastion: , a. 9~.. in 1962, Va7 AmoQaLes, Lti a limhed parblexsJ4, thm owntr of ' ~ . much of Vaff VMge, incIading the stream banks, filed certain Pratective - . . Covenants designed to desen'be ]and nses and controls. . - - • . . ' b. 1971. The above refereaczd Protective Coveaants were ameaded in 1971 by . . ~ - vail nssocisus, Inc., a catairaao corporation, the t1ea carrcm vwacr af the ~ subject matoer propezty, qrhich, once agaia inrEnded ta descnbe land nse ' limitations amd in pettinem gdtt, ytatcd: ` 1.2 THE SUBJFCT LAND sha11 be used, hcld and mamaimd ia . good ordet aad coffifioa by the Town af Va1(snbject to eaistnqg er.. . raorded ea.semeats and rights-of-way) for use az aIl times as a vacant - ~ . . and mxbed opCa area in its natnral coadition and no strtuxure; buflding, or improv af any land or charader, wbether temporary i or TM'r--"^aPn+. may be erected or mainiained thamon, " . / . i • ; V~.age~97010z-S901 08/16/97 13:34 FAZ 7022218044 MAC EQUIPMENT LV 1 . . • ± r • . ' • .r • . ' • _ 1be Town Council - . Taan of Yafl . . Februny 28, L997 . • : Pa,ge 2 • . . ' - 1-ne referenced subject matoer specifically iaclndes the stream bank area m • - qaestioa.-Said ameadmeai was filed with the Clcrk and Recoider of FBg1e. . • County oa August 30, 1971 and has remained unaltered smce tha date: _ i•.-., ' • . . . . c. 1972 to 1974. Beiween the period 1972 and ~974 the V~lagc Ceater Condomiainms were constrvcted and from ineeption the ownms thereof ~ became stewards of the stream baak adjacent to their property, nsing their best efforts to maintain sanu. ' d. 1975_ VMage Ceater, in their attempt to esbance the s0, am. banks adjacent to their pmperty, eritered 'mto negotiatioag with the Town of Vail in 1975 • . • pmPOsing a Publiclpjivate PartnershiP far purposes of lands~aping and - ~ maintaming the stream bank area. Snch efforts culmmated in au agmeIDmt - - between the Town of Vafl aad V'iilage C.~ater wherem the parties agreed 1o a . pnbliclPnvaW PartnershiP with the Town of Vail and VBlage Ceater splitting - . the costs for certain agrecd to improvemcats ta the sfteam baak araa. . e- 1976. In 1976 the Town of Vaii engaged the services of landscape archomb Roystoa Hanamom Beck & Abey for rhe puaposes of developing wbaF was referred to as the VMage Cent~rr I.andstVe Plan (°Landscape p9an'~. -pva . . 90 % of the land involved was the stream bank adjacent to the VMage C,eirtet I.. . . x'.• f. 1976 to 2979. In the • periad 1976 tn 1979 pnrsvant to the pubIicJprivate parmership amd the Landscape Plan prepazed by the Town's landscape . arrhitecu, aPProximatelY $22,300 was eqended. by the Town of Vail and by \ VWage Ceuter on a 50150 basis in implemenfing the Landscape plan. In . ' addition; VMage Center expeaded $3,600 of its own fuads to provide _ • . iaigation for the install,ed landscapmg. Furthermore, my cliezrts agr+eed to, at 1 _ - ; their costs, cautimie to maintain the landscaping, which they have done far the ' ]ast 21 ycazs. In 1978, the smeam banls were conveyed to the Towa by Vtn1 Associates with the follawiag provision: .4 ' • . . . . . ~ "I • • . ' "UpOri thC express condit0m thst the giOperty be uscd SO1Cly dS ppea . space, or for public use pnrposes, but if the propcsty shall ever bd usod . . for other than as open space, or far public use parposes, then the parip . - uf the first part and its suc=sois and assigns may re-enter and _ repossess the pmperty as of their former estate_" vui,ye\~oiasyi9oi 06/18/97 19:34 FAa 7022218044 MAC EQUIP3tENT LV - ~005 - ~ . • ~ ~ _ . ' ' ' . . Thc Town Councl-1 , Town of Vail . . Febunary 2$, 1997 - Page 3 • ~ . The Town of Vail took snbjeci to the Protective Coveaamrs as ammded . g- 1989. In 1989, the issne of the Va1 StreamwaIlc was first introdnc;ed with the . , proposal of-eztcnd'mg the curneat trail system from the Covered Bridge to the , . Imemational $ridge. Public out cry at that tine was cuoffiavs. Conoe= ' . ' over eavironimental kipacts, required ArrnY CorP of Engmeer aPProval, • • . _ - pCnmiLS, costs, evasion of PnvacY, securizy. Ioss of property vah=, . ; deuimental economic loss to the bnsinesses of Vail were but a fcw of tiu . c.unmns raised by the public at Iarge. The Streamwatlc was not part af ft Vail Master P1au, 'npr was rt m the Iandscape Plan agneed to by tbe Tvwn of Va1. In August of 1989 the Streamwallc was dropped and according to the dCA tOWII SI[OY1lC3l, UnY ES1CWIth had become S °dCad ]SSilC". MI. EStiWft . weat on at that time to questioa the validity of the Protective Covena= as amended, evideaciag sfie Town's knowledge of these issues, bat fafled to - pursue the nna~ber further. . • h. 1993. ..,All xemamed quiet umffi 1993 whea once agam the staff brougbi bac7c Lp . the Town Council the "dead issue". At tbat time discassion groups wece hr1d; m.s~Ctions oP the affesxed areas were conducted, leagrhy meefngs bda;e= th. Public, staff, P2aaning Commission aad CouaciT Members were coaducted wiih a resulting five to ane to ane defeat of the Streamwalk. Pursuant to tbat vote the Steamwallc was puUed fivm the Open Space Ma.ster Plan and to the best of our lmvwledge, such is aurearly sh'l1 thc case. . • ' - ~ - i 1996. With the redeee3apaneat of the Austria House the night mere once agaia . • , re.suifacxd. . II. AMumens in 5uvnort of Vail Ceuter Condommimms' Qpposition to the t=eamwalk, . . ' . . Tbe foliowing ar$um . . e:uts were Presented w the plamiing cornniission in support of my Client'S opposition to the StreaDiwalle - ~ _ • . . ' • . . . 1. DleEal ActivitY- 1be Pt'oPosed Streamwallc is both legally and moiaiiy . . corruptr. We beiieve the Prot+ective Covenants are specificay eafaraeabde and . that the Town arould be equitabIy estopped bY both their actions aad macoions with respe..^t io these issues. In partcular, the Protective Coveuants bave beea in forca sinec 1962 aad as amendeci since 1971. The Town specifieaIIy too]c ' sabject to t~esc Proue~tive Covenants wheu the praptsty was deeded to tiiem ' The Towa made no effort to modify or abandon thesc eavenanrs and, m faci, ! 1ri11+g4\9TO101-1901 1 . 06/16/97 13:95 FAZ 7022218044 MAC EQUIPbiENT LV . . - ~ 006 . _ : w _ • • - , . . . • i•'r i . . • ' • ' i, . 11W TOWII CO11nCil . Towa vf val'i . Febtuary 28, 1997 Pap 4 . . entened into a privsbelpubIic parmership with yMage C.eu[er in part to eafoae ftse covenants. Swounding ProPert,y ownets have acquired their mterests m . ~ deftimental reIiance upon these coveuants and the publiclptzvate p=iersbjp _ . : To ignore 21 years of consisbent ~1~ ~ ~cY, pmxi,ce aad reliance would be I . manifestly tmjust CSee Jaffiv v. Board of CountS? Commissioners of Boulder. - . . ' . ' . . Couatv (Snpreme Court of Colorado 848 P.Zd 892). . = FturlICcmomwe be~ieve tbat the . • ° : - ' . . ~ removal of this item from the Ma.stier Plan prechides titis mattier from being evcn considered without a formai p r o posal m' modif'y the Master Plan as required under the Ordinanxs af tio Town of Val ' I _ 2. Sufficiemt Cuurent Access. $ is reaay apparem that this pardmlar azm alreadY affaocds mot+e public access to the stneam tbm nearly airy otber section _ j of said sueam within the Town's boimdaries. Thousmids of dnIIars have beea spent by the Town on ihe Gore Creek Promenade, pocloet Parks the Pcdemdan 1 bridges and the vie~ bays. 3. Costs. We belireve tW the costs of umcnducing a side wallk in this azza wrnild 'be prohibitive, both ia teims of the iaitial construction costs, as well as , conri~ing Subs~ntial vegetation would have to be uprooted, - including tbe remaval of aumeraus trecs and animal habitat. There are a . ' mmber of other nmds in the Tawn of VaT and de stur=diag vaDey which . . cry out for the use of these funds and far which the benefits would be far _.•T., . - greater than the use of such funds for a intrusive side wa11c. . 4. Adveise Economic impact To the cztet thaz fuot tiafflc is mrnred to that side ` " of the creck, a?alk by traffic for the businesses alcrng the opposite side of ft > stream wanld-be feh in the fam of mduced reveuues, which would result in a.- • . . . further loss of sales taxes. . ' • _ ' S. Lack of Public S UMpt Ihis matrer has now been brought bef= the public - on thuee sepazate ocrasions. We believe the public b.is spoken loudly tbai it does not support tbis co n c c p t any more today t b a n it did in 1989 or in 1993 -i¢:'`!y'- _ . • ~ ' 6• I.oPraperty Value. Vfflage Ceater believes that svch an iuLnisiv - sidewallc will tesuIt ia severe security pmblems, mai~nance ptoblems and aa ov=ll decrease in the value of their properties as their rights to privacy wa - be iavaded by the close proaimity of this side waIk to their liviag units. N~ I YSllga%970103-1901 . ~ ~ . 06/18/97 13:35 FAZ 7022218044 ' b[AC EQUIPKENT LV _ . . 07' _ - . : , - • _ _ . . r w ` • , • • ~ . . ,r . _ • ~ ' ~ - _ • • • . ~ ~ • _ ' . . .ti ~ - . . • The Towa Counci Tawn of Vail . _ .T: ~ r Febnary 28, 1997 ' ~ • Page 5 ~ ' - - . ~ - - 14~ ~ ^ • ~a: • ' ~ . - . . . - ' ' • - ~ • ' : : : - COIICIUSIOII. - ~ • , ' i . In conchLsiM we believe tiiat it is both morally aod legally ia~proper far the Town Coancil to consider, ld at,oae iqlemcmt a strmnvalk. Fvr ft reasm sdtod abarve, we nspecifiilly reqnest tbat this matter, ~aace ak ~or aII, be removad ford'9w . . . . : : ; ' - Town's agenda. ~ . ~ . . . . . ' i•'J • , • Req)ectfuR+ ~ . . ~ • • : • . ~ ' _ . • . - - t. : . ELROD SA , Tz, PREE49 Lo4K, - • . - - MOISQN & SILVERMAN, P.C. - - - • - . - - ~ . . . . . . . ' ' ~ Robest I.. Preeo - ~ . • ~ ' , . - • • . _ • - . i ~ . ' , . RICHARD P. ROSEN, P.C ~ ~ - ' - . N . • . Rosea . . : . . : ~ : . L-PP ~ • c~:r•_ _ _ . r . •-~i~ . ir. . _'S~ - - ~ ~`e~ ?:.a'~~,r:s. s . _ ' ' ,~;~at4'j.r• 'y . nG~ ~ . ~ .1r~~~:•rrA1~S1~~~~ .~`i~ ~ ~ . . . 7 - ' • . ,~'v~_ ~ l ~-:n• ' - _ :+i~! ~ . ~ L•. ' . , 7': . - . . ' ' ' ' . . ~ . . . . ! : . , . ~ ~ . - • ~t' ~ ' 4- . - • ~ • . ' ' ~C f `.3i: ' .t t ~ 1 ~ . . ~.Y.~~ ~ ~ ~t~ ~ . ~ M~~+_~ . ~ ~ ' ~ _ • • - ~ _ y'.~r.~'>~.~.~.,~~~.-• r. , ' •;'r. . . . ' ~ • ~ - _ •r:..:: : ~-vj+:+^i.n 'si-':~ :i,. ~ . a. t•_ ^ ' . "~e4. u N~' l~L ' ~ ~ = ~ • ~'tJr~ ~ ~T~ ~ ~y1 ~w6"`1 _ ti,"' • • - .:.F,- _ - ' ~`.~.i~~~~`I' ~ Jyr~' _ . ' ' _ ~•w : r$~.+... • ' r.~' ri' _ _ _ . ~1..~, _ 'w~ ' . • - ..s~•..~ _ '•'ri'~~.~ .+~y`e-. •I~C'• _ ~ j~ • ~ ~ ~V. ~ 4~ : ~ . CY:~ ~5:.---::~.,y' . 1~~ - ~ ~ 1/:~ w~~~. =~1•Jw . ? . ~ ti4?,;• ' J:..r~ '~i~~`~~~~•~ r~'' ' rl• ' . ...._~1'-~~ ~ ' ~ _ = r. ~ ~:I!^i.•. ~.~-,T i~' . . • 3~r`' ~ ' Pi_:+i 'f7t. ~x.~a e } s_ _ ` ~ • -4 • ~^~~f'r'itT'~`. • - 'i~~'~ . r=!~3t•~~~~sf•V.':..~ ~~~i Z' ""I~~~`=^~`~y' ~ti. . '~G.~ . • . 3C ~ '+s~ _ > ~.,^-'~9 ....e _~~'wJ: 'L•',~.•_ i'`~ H ti ,.TO_t . '~`S^"'. . ..v~.:-~::~•.~•~. ~a.. .~:;ri3a:i~ `~=~'S:.••-~.~.••~,i•.~.5:...s-, ~S~1h~s•~:y:t:- = - . - ~ 7 1:: ~ _ = i..-7~:. "=;~,'~'Yy ~:a:UG+' ~ = `~!T• ~ ""'~ir~ : - • - • - . - .a! • - . ~s'-' .-:--~r~`3+• -?,.'xi,--"e . - • : i~;• ? • ~ . . . _ _ . . . - - ' - - • _ . : _ .~'C'. . .s' , _ Y11Lge\990102-1901 ' JUN-16-97 MON 03:16 PM CARIK SERVICES FAX N0, 3037823694 P. 03/05 - Carleen l'oland - 5000 East Quincy Englewood, Colorado 80110 Juae 16,1997 I Vail Tovm Council Fax: 970479 Z 157 As a Vail propetty owner and taxpayer, I am vehement] o further discussions on imPlemeutin a"stream PPased to opening anY g waW". Snch a concept is completely adverse to presernng any semblance of pristine nature - whicb should be the essence of Vail aad other mountain commwnities. I As Town CounciL you bave a duty to vote against aI] "stream » ; This matter shoald be permarxemiy c~ele~d frOm any fi~ a~~ ~~~ions_ Carleen C. PaIand Tslisman Condomiaitun Owner #304 I I ~ ~ • h / 1 June 15, 1997 ~C Dear Council & Concerned Others, . I have been trying to figure out why I have such bad vibes about Vail's future. I have gone through all the reasons that might affect my feelings, evaluated the comments of my critics and tried to decide if I just have a bad attitude. I have decided that my vibes aze not misguided and therefore, am passing on some of my thoughts in hopes that they will lead to some discussion, answers and appropriate actions. Perhaps the Austria Haus represents a.ll that is bad about the direction of decision making, something that on the surface appears to be a real plus but if looked at more deeply is really one more step down. I will use it as an example. First, you must acknowledge that zoning sets the standards for any piece of land and those standards have a lot to do with the value of the land. Parcels aze bought with zoning and therefore, with limits and value. When the standards adopted for a piece of property are ignored through the misuse of a SDD (PUD) purely to establish immediate value, the entire system breaks down. I am privy to information that shows these developers seem to change their story depending on who they are talking with. Their studies indicate they can redevelop within eacisting zoning and turn an immediate profit. Sounds like our zoning works to me! But they have also figured out that through the use (and abuse) of the SDD process their profits soar because the town allows them to change the standazds for the parcel and therefore, change the value of the pazcel. The council is facilitating escalating , property values by granting additional value: this is clearly not the purpose of SDDs. CHANGING STANDARDS AND VALUES ON INDIVIDUAL PARCELS SHOULD NOT BE TAKEN LIGHTLY! Staffmust immediately reject such applications. Changing standards then allows a multimillion dollar condo to be added to the top. Although it is usually argued that the condo is needed to fund the improvements (upgrades), I believe records would show that the condo becomes the immediate profit for the developer. This town was not built on the concept of immediate returns to the developer. I believe there is a direct relationship between properties being bought to redevelop for profit and the lack of variety in shopping on Bridge Street and the lack of pride in ownership. When developers take all the profits out up front then all on going expenses and maintenance are passed on to renters and it is impossible to make a business work. Developers also do not seem to plan for functional businesses; i.e., storage, trash, etc. We need business owners who are in it for the long run and keep a building maintained and up to date. The need for properties to upgrade will not be accomplished through redevelopment. People aze sick and tired of construction! ! WE NEED PRIDE OF OWNERSHIP!!!! As I read the Highlights each week I am concerned at the lack of understanding of the regulations by the ma.jority of sta.ff and council. There seems to be very little understanding of why the regulations are written as they are and therfore, what they are G ~ meant to say and do. The SDD regulations are being abused, not because they don't work, but because staff, applicants and council are twisting (or ignoring) what the regulations say and totally ignoring the purpose sections. The SDD process is Vail's label for wha.t the rest of the world calls a Planned Unit Development (PUD). It was never meant to be used for the redevelopment of one building or to disregard standards. The regulations were written at a time when the future of Vail was the primary interest, when people took pride in their business, home and community, when applications were honest, when there was a community, and when everyone worked together to produce a product for the GOOD OF EVERYONE. Regulations are now studied to death and rewritten in response to single problems leaving rea1, important work undone. (example: "...the absence of a code enforcement division within the department and its current low priority status." Highlights June 10, 1997 and the unnecessary GRFA "study" that has been going on for 18 months) This approach is making a hodge podge of the regulations. I still believe you should go back to Tom Braun's recommendations and review those suggestions which were made before everything got so out of order and misdirected. Changes need to be systematic and that study provides the vehicle. The former council manipulated the outcome of issues. This council came on board with little government experience but a fresh perspective. But...you aze allowing yourselves to be manipulated but I am not sure by who. The clearest example of this is when you said no to the merchants association who followed the rules but yes to the property owners who barged into the meeting. It is the commercial property owners who are such a HUGE PART OF THE PROBLEM. Another example is how someone has made you believe "upgrade" and "redevelopment" are synonymous. They are NOT! ! And thax is a topic that needs discussion. Which brings me to the "pay-in-lieu" issue. The purpose of these fees is that properties who are not allowed by zoning to furnish their parking requirements on their own land, pay their fair share of the parking needs of their business and not let that burden fall on the taxpayer. It is really a privilege to be able to use your land for direct financial return, and only pay a one time fee with no on going maintenance costs and insurance, in order to fill individual parking requirements. Every business creates a parking need! Of course, new parking needs should be furnished or paid for by the property owner, not the renter, since new business spaces and pay-in-lieu credits go with the property, not the renter. In fact, property owners charge additional rent for spaces entirely paid for by the renter. Even newly enclosed decks become a financial asset for the property owner in terms of higher rent for enclosed spaces. Of course, there needs to be a practical reality when interpreting what is new space or a change in use. It is clear to me that the strictest and narrowest interpretation of the regulations is being used for pay in lieu and the broadest, most twisted interpretation is being used for SDD's. There must be consistency!!! I believe that the councils that signed off on China Bowl, saying there were no impacts to the town, and on Category III, saying there were no impacts that a little money toward the Y i i roundabout wouldn't fix, started a trend tha.t is pulling our town down. Councils and staffs are being influenced by WHO the applicant is rather than WHAT the application is. A few miscellaneous issues and/or thoughts... Regarding funding: Why is the town still funding Bravo? Years ago they were told to become self sufficient. The Alpine Gardens is being given a donation from the RETT fund (the last time I saw the RETT accounting) which I think is really inappropriate. With the change in our population, the Alpine Gardens, Bravo and the Foundation have no problem raising money. Besides, they do use public land at no cost to them and receive considerable in-kind dona.tions. The town should have a cleaz accounting of how these organizations spend money if you aze to continue your la.rge donations to them. (Few of them are out on clean up day like a11 the "common man" charities!) Which reminds me...100% of RETT should be used to acquire available lands in Vail. THEN use it for improvements. It is not being used as it was intended and the current use of half the fund is short sighted and insulting. Particulazly insulting is the repayment to the general fund, from RETT, for lands bought before RETT was passed. I ha.ve proof that those lands were already bought with sales taac funds that were represented as being collected for the acquisition of open space (that is what the voters were told when they passed it)...legal but unethical double dipping. The continued use of Donovan Park as a dumping ground/construction site is insulting to my husband who literally gave his life to serve this town. At least protect the trees which now have construction junk against and among them. Russell Forrest has nearly completed a"mature tree protection" policy which must become a regulation. It has been on hold for 5 years! ! To see the visual importance of mature vegeta.tion look at the "glass house" redevelopment on Vail Valley Drive. The .vegetation was left on half the lot. The environmental importance of mature vegetation is even greater. Sell Berry Creek. We can use the money in Vail. Our needs are here. It is time for down valley to stop demanding that Vail solve their problems and needs. We need to focus on us but still work with the other communities for our mutual benefits. Christmas lights are needed at the entrance to the Village Parking Structure. Several businesses ha.ve put their landscaping on public property. Shouldn't they pay the town to care for it or do it themselves? Sidewalks do not work in Vail. The street is plowed onto the sidewalk which then gets packed down before it can be shoveled. The street is then more clear of snow than the sidewalk so people walk m the street. VVe also are not making the sidewalks wide enough. The curbs are destroyed by plows and look worn out after one winter. r I I ~ We need to make a boulevard out of the huge width of East Frontage Road from the roundabout to Blue Cow Chute. No one can tell what is going on with the lanes in the winter. The island between East Frontage Road and the interstate needs to have water restored to it. The natural water flow was cut off by the interstate and the existing drip system is not adequate. A little more water would facilitate the growth of the natural vegetation, creating a beautiful island at minima.l cost. Is the community clean up really working? How much does it really cost the town? How many come for the money and how ma.ny are from Vail or have a tie here? Does it need to be discussed or is the best format already in place? How much does Trees for Vail cost the town or is there a better way to do it? We need to make sure tha.t these feel good activities make economic sense or enough sense to keep them operating as they are. There are a couple things in the animal control ordinance that do not say wha.t was intended that I believe need to be cleaned up. Most of them have nothing to do with my individual conflict. The recent change in personnel at anima.l control was most appropriate. Alpine Garden Education Center should push as far into the berm and towards Northwoods as possible for the best use of the land. I don't believe the town got anything from the Northwoods development for using a la.rge hunk of town land as access. Someone should tell Lindholm that the east side of Avon is not the "Vail Valley Centre"; Vail Village is. Recognize the difference in the needs of the "second home owner", the "early retiree resident" and the resident. Chart the relationships and commonalties. This would be constructive and very positive for all concerned. It might also include another category for down valley residents with business interests in Vail, the absentee landlord, etc. Some kind of chart or format might facilitate thinking if not decision making. Former Eagle Sheriff Seabry's philosophy has been described as "10 percent letter of the law and 90 percent common sense." The Vail police should adopt his philosophy. He was approachable. Adequate snow and trash storage are not being required for most sites. Immediate action must be taken to buffer our residential communities from I-70 noise which will only be increasing. There should be federal and state funding available. "Traffic calming" is essential. Grafel can explain. e ~ f Action must be taken to require the recycling of construction, especially redevelopment construction. It would possibly talce a little more time at the front end but it could save money even for the builder. We know it wili save in Iandfill deveIopment costs. It is absurd for our business to offer curbside recycling at no cost to the customer, and great cost to us, only to have the dump fill with construction materials. To ignore this problem while contributing to "paper, plastic and glass" recycling is equally silly. Dan't allow studies to be authorized as a way to avoid decision making. This is one of the ways you are manipulated. Enforce deed restricted EHCT's. People are applying for them with no intent of renting them. They are using it as a way to gain additional square foota.ge and value which is where this letter started. There are a lot of them out there but few are being used as required. It is just plain DUMB to ignore this. This is more than enough for now. I hope you will take the time to thoughtfully read this letter. Being on council is a huge and difficult undertaking in addition to a real responsibility. I hope this letter will be a springboard for some new thinking. Please let me know what you think or call and ask questions. Sincerely =jectlHy, Diana Donovan • 465-3511 FAX: 476-2789 ! MINKA INCORPORATED 3033210291 P.01 June 17, 1997 , - 'me Town Council T'own of Vai1 75 South Frontagc,Rd . • Vail CO 81657 . I RE: 5treamwallc Dear Council Members: The ob}ections to xhe prvposed Sbreaimwalk bave been maray over the past ZS years. Its passage would c:ause eaceptioual huin to the euviroumenf of this particular locale. Maintenance would be iucrcased aurd costs foc same would skyrocket. We have eaough pf this sightseeing iua Vail now- and the crowds would increase. I am a lifietime pwner in.the q,Il Seasons Condo Association and I have seen the growtlt and its increasing problems w Golden Peak direGtly in fZOnt of zny eyes, Vai1 was not meam to be tZuis way. Growth must be eoatrolled, aad cosmetic costs such as the 5treamwait are not necessary- Please vote agaiast the Streamwalk. R. . Post-Ir F. ax Note 7671 na~ v~' $inceIClj?. From~ ; To L.L." LOUNt11.. ! ' CoJpa~: : C°' - ; ' phone N Phone # . . . FaY Y r 940 4 . a21 o . a10 ,ALI Seasons Vail, CO, Printed by Pam Brandmeyer 6/17/97 9:59am From: Russell Forrest To: EMERPLAN GROUP, FIRE_OFFICERS GROUP, PD_SUPV GROUP 5ubject: Wrap up on flood season ===NOTE====------=====6/17/97==8:OOam== We have seen our peak which was on June 4. Unless we get a big rain event we should be fine for the year. Based on the info we recieved from PW and PD water was over banks but did not result in any property damage at 1860 cfs. Date CFS Peak Time May 15 535 24:00 May 17 799 23:45 May 18 813 2 3: 4 5 May 19 916 23:45 May 20 906 01:00 May 21 818 24:00 May 22 871 20:40 May 23 851 0:15 May 24 851 0:15 May 25 776 1:45 May 26 654 0:15 May 27 527 0:15 May 28 539 0:15 May 29 1040 19:15 May 30 942 22:45 May 31 1360 23:15 June 1 1770 23:45 June 2 1600 24:00 June 3 1720 23:30 June 4 1860 22:45 (New High) June 5 1820 00:45 June 5 1640 22:15 June 6 1620 00:15 June 7 1460 02:15 June ti 1420 2:00 June 9 1300 1:00 June 10 1295 22:45 June 11 1350 22:45 June 12 1340 00:45 June 13 1180 01:00 June 14 1050 00:15 June 15 1010 23:30 June 16 1010 23:40 June 17 962 now Page: 1 i, e ~ APRIL 1997 4VAIL VAIL BUSINES S TOWNREVjEW June 17, 1997 The April Vail Business Review examines April sales tax collections for monthly filers. I've added a new section that examines the ski season (November - April) for all filers. Overall April sales tax decreased 10.6% with Retail decreasing 19.7%, Lodging decreased 3.0%, Food and Beverage decreased 2.0% and Other (which includes items such as utilities, taxable services i.e. plumbing and electrical and rentals or leases) decreased 5.0%. The ski season collections resulted in a 5.2% increase overall with Retail increasing 2.2%, Lodging increased 9.7%, Food and Beverage increased 3.0% and Other increased.6.3%. Events in April included Jimmie Heuga's Toyota Ski Express National Finals, The World Synchronized Demo Championships, A Taste of Vail and Warren Miller's Mad Mountain Marathon. April 1996 brought us all of these events except Warren Miller's Mad Mountain Marathon which was held in March 1996. Easter was in March this year as opposed to April in 1995 and 1996. Vail Mountain closed 5/l /96 and this year closed April 20th and re-opened for the 4/25-4/27 weekend. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. Our records indicate that eight new business licenses were issued in April (one retail, one lodge, one service and five home occupations) and eight businesses closed (three retail, one lodge, three food & beverage and one service). If you have any questions or comments please feel free to call me at (970) 479-2125 or Steve Thompson at (970) 479-21 l6. Sincerely, \ Sally Lorton Sales Tax Administrator .i s APRIL SALES TAX ` VA/L VILLAGE APRIL APRIL APRIL - 1996 1997 % Coliections Collections Chan e b. ;.,~;i;r . , . . _ . . ~ O4 . ; . M1~~i'~sY~,ti~-• R etaii :22 27 8 . C~. . : .28 n: . . _ . . - . , . . . . . Lo .50 d9in9 't : . 5, 9 , : . . . : , . . . ..a.. , . . . , . . . . . . . . F _ ood & . . . . . , . _ _ : . . _ _ . : . : ~ ; . . . , _ . v..... : . . Bvr 689.. e e a 9e , , . 1. 5 ~ . :..:*..:c....: ..3,_., . . , . . „ . . . ~~.i~~( `.'''t`-!;'i:'"':?i;<;'~;•:'~, . . ~ r , . 6~ .1.0.`< , . her Ot , ~ . ~;p. c, r.. , . . . ..r~..... . . . , . . : . , o . . r: e,:,.':: .,':~i<.., . . ' ~ . ~::.:2.;,: . . o,.:.i.;J.,.._;_'•~;:;:~.:,._~. ,c...~...,~ . . . . . . . . ~ :i':..' . . . c;. . .....~.a ~ '...:;.y.... 1w . . yyy T I . . . , ~ . - 'A70~;:33 ota ~ , . . . _ . _ . . . . . ~ , ~ ~ LIOI\ISHEAD APRIL APRIL APRIL 1996 1997 % Collections Collections Chan e . . . . _ . . . _ _ . . . _ . . : : , . , 9'::33.1.~::-;;`~;;°:.-.~;.;;~; R il eta '78,Z01' r : . . , . . , ; . . . _ . _ _ t5`~.:~;: M L od9in 9 F ood & B ver eage 5ti,5 ,F .20 . . ; . ; 6` 50 .4 `2f~? . Other f . :.~5 a< . ~ . 4. , _ _ _ . . , . t_ . , . . , : : : . : . . . T I ota . , . $ . , t~ ~1;& , . . . . . . ....,e:..,_. «4,,, r p• i APRIL SALES TAX CASCADE VILLAGE/EAST IiA/L/SANDSTONE/WEST VAIL APRIL APRIL APRIL - 1996 1997 % Coliections Collections Chan e . ~ . _ ~ . . . . .~1:4 :'~y:`.~.~:~'~:%:t.~.:'~~;,•,~: _ . : ~ R etail , . . , : . _ . . ~ : . 3. _ , ' " ~`,.`::;<~'`=;'i;z:~'?;';;-_.~;,;>:- L ' 0 d 9in9 , . Food & , ~ . . : . : . , . Bever ae : . . . . 9 y ~ , : . ; . . , . . _ . . . : Other . - . : . . ~ . . . . T otaI ..4:.:.:.:. ...t::~ , ~ ~.r.,. . ...~......:,:~.n.~v..4, r......... .x...... ...ao...u,a, . ~r~ t . .,1 i.~ _...V~.....,........,...' . . . . v~.....~u.... ht...... , . a..e.. ..~.:rr._.r t~.,..... ~.r~r..,~~:.:,~.~n'.r~':~.: ~1... . . . i..... , ..,~....r . ,r:t,.: t5n. ' . . . . . .x., . .ti.n _ i . . . . . ~,.~,~~~~,~i; , .o .c-~,.......:......ssa::.,.,r,. . . . . . . . . . . . .~m.,...,-...,.. ...n.. . :!.`tD:,%'~,~~~ r ....:.....4...,...,.,., w .,,,.:c.yae. .a,•..;:"e,qi„Y~.."~:'.`:':: ~:,,:.r~. , ^..a„ai.::.t :!'.`:.i:%...:. . ..ar., i. . c . . . . . ..u.. .c,,..<..~:..,.. :or ..Y.n: . . ..3... . . .<,.:c...vi;:~.r~... : . . . . . . . . . :~,.._.:n.,bCrv: W.:::.,.; ~.r.~ i . . . . . ..a.... . e . . . . . .....a`a . . . . .u.~. '*..~n~i , ....:.~:,.:s: x:~ .4:::.,.M.:_?ei.,...i.r..;..~.,-.;::iii.. , . , . 1k,_„ , r , ,.,,,.,.....,p,. ni r., OUT OF TOWN APRIL APRIL APRIL 1996 1997 % Collections Collections Chan e . , , . . . . . , . , . . . R , , etail : o::. . . , . . , . _ . . : . ; ~ , , , . . . Lod9in o : , _ , _ 9 . . . . . . . . .n,. _ . . . _ . . . < < . ; F 00 d& ; Bev er a9e . ; ther O ~ . . . . , .;...r,.~ ...r: 5. . , r ~~~r,~ ~~:;':z;S,` i;~;:};,r,::;~';,:: ~ ~i'.;: ~a~`.^'~.:~' ~ ~;°;%':i: i;n•~^' ~.,'.'~~~~.~;':;;:e:;i~,~ ~ ~5,;:` ;'~s,`,,.;±; ~^~;^~,:{2ywi`i*;,'e..: T y 0 I ta ~ J . . ,...,...q;. i~. . < ....r~::, APRIL SALES TAX ` TOTAL APRIL APRIL APRIL - 1996 1997 % Collections Collections Chan e . . . , R etail ~ . . , . L in od : 9 9 , F & ood , : . , Bever a , 9e . . ; : . . . , , , ~r.03,'-'`:~;:;;~:;:>: Oth er 3 ~ . . . . : . . : ' . . . ' e.~ ~ . . . " . . . . ..i5.` , . . ;:.;...:".:i . . ' ....v: v;;:Y± ,y;.. ~ . ..;J . . . . ; . . ..i; . , . . :;1L , Tot I . a _ . : . . . . . , , / RETAIL SUMMARY apxII. APRU, aPRE: 1996 1997 % COLLECTIONS COLLECTIONS CHANGE FOOD 81,837 70,725 -13.6% LIQUOR 13,994 13,366 -4.5% APPAREL 64,864 51,192 -21.1 % SPORT 177,642 133,910 -24.6°/a JEWELRY 15,521 11,956 -23.0% GIFT 14,985 12,554 -16.2% GALLERY 2,271 2,053 -9.6% • OTHER 62,792 52,652 -16.1 % HOME 0 0 N/A OCCUPATION TOTAL 433,906 348,408 -19.7% , 96197 SKI SEASON SALES TAX ` VAIL VILLAGE 95/96 96/97 96/97 - Ski Season Ski Season % Collections Collections Chan e . . . . , . . . . ~ : , . , . , . . . . . _ . , . ._e o . . . . . ~ . , „ . „ . ~:.......:e..:~.......>.. .t.:~i""k - i:•S`•+`,~a`'^,~;:: nvt~i, w, ~~~'2-_".;:L'•'Y < : ~q~",,5~.;~~~5,'.:,~t;~%•'`-~`iS~ii::i'`'.~~i:~i:~"::~'i.`.:~~~~~iti~S`:: : 2.. ~ Re taiI . : . . i „J~ _ ',y._:y; ;'<;•::_y`,~,*,;~;:,: .:r:.;: r: s6-iAt E . . . . . . . . ...i.,,.... , , . : ....:.......::s,-;c:: :-x,~;c; ' . ~ . . . , , ...,.:r::il:.~,:,•i.,. . r.,...~ . - _ . ' , ~`~se:•::,.:;,, i;, . . „,:;s,s~:.,,:,.~.;.,., . _ . . . , ...........:..s..a.... . . . . _ . . .5. , ~ L d9i 7y o n9 . , . , . , . . , , . : . . . >y..,.:.. . ..~`?,~Sv . . . . . , . . ~ . ~4s..c: a' ..n.: , . . . . '~.rr a. : , n., . .i..: , :1.. i:•.:l'':%r`v?:;1;~. y~:~ii~".ii,`,.:~;ii F ood & ~'•;~:.~;.v:~~:'._iv;i":'i:a.::'~:':.t~i::;!: ieS::;~::' . . Be verage 34`` 5 ,5 . : . . r Othe . . . :;t.:, : . . . . . 2 f''C 4:',:*t . ; Y tiih T, . ` h, y yy T I ota . . ~ . . . . _ . . . . . . ~ , . ~ . . , . . ..r.,; . : . . . v . . '~.i;^. `.fi,~`~ f11t`t~ . , . . ~ . . v...n ~v~.o ..:...............7.....,, , . . . „ . . . . : c . t~ti~n.;.;:.i„`i':~.~`~`~,`,)•.:;<i'.1::;:::..;~;y,~:,y+o LIONSHEAD 95/96 96/97 96/97 Ski Season Ski Season % Collections Collections Chan e : : . , ...:..:,..~;:.,k:.<.: , . . _ . . _ .......o..:.-:;r::;.. . . . . . . . . . . . . . . . : . . r_. . , , . . . . . .,.a . _ - _ . , , ~ , : . . . . . . Retail . 6 . ; ; . . . . , 8 ~ . . . . . . . . . _ . i:4titi l, . . . Sro~NK . ~wl . . ~ ,.:.;:.4 :y Y ; ..t . L ::~?3~~'-~~~ od9in 1 . , - . ;,,,<,,< 9 . . . . . . . . . , ..4~ . , . , .a...., ,:,,...o,• .,:1`;~; F ood & . . . C::" ~ . 9:~,<;:~:.:;::;;:::>`~;_«;:::,:':~:,;:;~>;::~>;~:~` ~ B v r eea9e ~ 1. ~~;~3.73 f .k:...,...: ~a. . . . , ~ . . , , ~ r Othe 7- : , : . . . . . , . . T I ota -~~.99: 2 ~ . ~ _ . . . ~ : . . . .y ~ 96197 SKI SEASON SALES TAX CASCADE VILLAGE/EAST IiA1L/SANDSTONENVEST VAIL 95/96 96/97 96/97 - Ski Season Ski Season % Collections Collections Chan e ,t.., . . . . , ~.<..,<.::.::... , < . . : . : , . . , . . o. : .v . , . ; . , . . . . . , , . . : a . : RetaII ~80 _ . . . . . , _ . . . . _ ~ - ~ _ . . . ~ . . . _ . . . . . . ~ t : . _ _ , _ . . . . . . , . . . , ~ . . . . . . . . . . . _ . . , L o i 1 d9n9 ~0 8 9~ . i! ...a.~,~ , . ' . . . . . . . . . ......:~..~r...,,;'..,~.;.,,. aa.....~i~.,v . . `.,.:i' . . , .....,:a ~ 00 . ~ d . . . <<.,,._. F & _ . . . , . . . , _ . . . . . . _ . . . . . . . , . _ ';`.'~4 . , . . . veraJe . Be "`o' . + . . ' ..:n..~~:... ' .-M'~. ~ . ......~.~i. . ~i.... - ..~n~~~.. . . . . : . ~ ' i i.'~o .i..~;v, :iu::`~~ . . ~ •<:%::':.,.r.~. ...v.. . .:e. • .,,;~E.,.i:..:., :i''<%:'i;;:•:+;'~i: . Yi,?:a..:':~.:"n'. .,...~.:?b° . : . , . . . . . . . . . . . .,..;~..r..,... . . . . . . ....i. ....i.:::.+'i : _ :r.~...:,, . „ . . .......:.;::,:..:ti:i.^~> . . . . . . . . . . . . . x .x~..c~;.. e . . .t . . . . . „ , . - . ......i..t:.~.,'...'. . . . . . . . . n . i..?::.:~ ::f . .:i:: ' - " ~ . . ..;..~.y: . . ~ . . . , . . . , . er 54, Oth 3 ; . . . ~ . _ ~ ~ _ .r . . . : . . . . . . . . . - .R5%i,ti,;,' _ , . . . , : , ~ . .,,,,.,;w,.,. , ~ . . . : Otel T 25,0 .;::,.,.;;~".;::,>:,,;..;,::a.......,.. ~.::,.,.....~,~.~~.~~;;.,t...:,,.:...,.., ~ ;:ti . OUT OF TOWN 95/96 96/97 96/97 Ski Season Ski Season % Collections Collections Chan e . ; - y ~ ':...:..~..'v% . :-~3: : . ,.i:...~:.~...,~;. . , R il eta ....rvt.:;'~.: 8. ~ ;7, . i::,.,. ....1 , , . . . : . ........<.n,..,....,.. „o..,.,. . -..4...:...:...,.., . + s~..:_x,_._..,~:.• 'a.r . ~ . . . . ....~~.....:...:~,i,~,..~~'.~i,,......~.. . . , i . _ , . . . . . . . , , . . .ni ~~c >,...,~..,,a,,:~..a.,::..: . . . ~ . . . . ...:~~,.:,...~,.;;;..1 _ . . . ..i.., . . . . . . ..w. , , . . . . . , . .:.,e-.. , ~;.5;~::~:(;• . . . .......:...........::^.~ro.. :,;•),q,,...q....a.., o..A.:<::!:: . : 9 9 . ; . . . , . L o in d . . . . , . ~ ~ 637 ~ . . , , . . ~ . . . . _ . . . . _ . . _ . ~ . ~ , . . . . . . . . . v,,.~.4. .a. , . , . . . ....w.....:: . . ,.,.r......... . . , , . . , . . . . . ~ . . , 't o F od & • ,f:4+ . ;,~t<:~.;~:ry;.;k;:;>=:~,-.::'1;.;':;-,;;;,~:z; ; ,2: Be vr ea 9e 4 4 2 . , . .....,..fi..: _ . : . . . . . : , . . . ! r.: ~.....:i. . ~.r.~. /r ::r,... . ....i 1r~ / Oh t r e ~ . ' ~ ' .°~.I .4 . , ~ : . . ;:>'::2'~i"~i"`.'~'',.~.<'''.:~:,:::~~~:.";•.':i'i~s.~;}:;j. ;.~"!,,,..4.;, . . . . . V . . . . ..:y_.... _ r..:.: . . .~::.s.. . . : . . , . . .C., ;:::s. .,;-a i . . : .v,::. . . ~ .„c::~. ~ . ..::.......:.°".'a..... . . ~ . . ~ . . . , ..,,yi4 Total 96197 SKI SEASON SALES TAX ~ TOTAL ~ 95/96 96/97 96/97 - Ski Season Ski Season % Collections Collections Chan e . ; , Retail - , . . . , . . : . ~ : 3 L d o 9in9 . . „ F od & 0 . 2`, B ever e 024.:#:~;;::; a9 . . . . . . , . . , . . .,4. . : . , . : : . : - 0 her ti. , . Ot y,. v~~'~`s8~,~,..~$. . . . < . . - : .....::..i~.~,:, t~:... .:;k~... . . :,S`i;:a.i~ ':4s.. . . . ~ T t I o a : ~ ~ .;5 _ ~f s .:l.::, . . . . . . C..._ . ...v-.. . . . . . i~~' J 1 RETAIL SUMMARY 95/96 96/97 96/97 SKI SEASON SKI SEASON % COLLECTIONS COLLECTIONS CHANGE FOOD 615,947 598,460 -2.8% LIQUOR 125,011 131,612 5.3% APPAREL 598,178 592,783 -9.0% SPORT 1,518,708 1,631,292 7.4% JEWELRY 162,795 155,393 -4.5% GIFT 153,065 155,133 1.4% GALLERY 25,032 24,988 -.2% OTHER 527,750 519,252 -1.6% HOME 5,274 4,791 -9.2% OCCUPATION TOTAL 3,731,760 3,813,704 2.2% East Village Homeowners Associ970-827-5856 06/17/1997 10:21:04 AM P.2 EAST VILLAGE HOMEOWNERS ASSOCIATION, INC. OfHcers: President - Bob Galvin Secretary - Gretta Parks Treasurer - Patrick Giamm Directors - Judith Berkowitz - Dolph Bridgewater - Ellie Caulldns - Ron Langley - Bill Morton - Connie Ridder To: Mayor Bob Armour and Town Council Members From: Jim Lamont, Executive Director Date: June 17, 1997 RE: Sonnenalp Austria Haus Special Development District Application 1. Comprehensive Plan, Rezoning and Special Development District Procedures: The Homeowners Association r uests that as a condition of a roval the Sonnenal Austria Haus be required to apply and obtain a modification to the Vail Village Master Plan and a rezoning The nurpose of these two requirements is to bring the Austria Haus Snecial Development District mto compliance with the change of densitv height, and site coverage rezoning procedure detailed in the Town of Vail's 1986 Comprehensive Land Use Plan and Zoning Ordinance The modification to the Vail Village Master Plan is warranted because it would allow the Austria Haus to be included in the East Meadow Drive overlay sub-area district. This district and the buildings contained therein aze more consistent with the Austria Haus' proposed density, uses and site characteristics. Further, it allows for the conditions specified in the East Meadow Drive overlay sub-area to be conected, so that a previous SDD, approved for the Vail Athletic Club, can be assigned the right to a density increase within the Town Comprehensive Plan. A right which it presently does not hold according to the language specified in Vail Village Master Plan. This request is made as a result of research provided in a report to the Town Council by the Homeowners Association on May 6, 1997. The report concerns issues associated with Comprehen- sive Plan procedural mattets regarding the Sonnenalp Austria Haus application. The Town Coun- cil's deliberation of these procedural matters on May 6, 1997, did not ailow for the standard procedures of public notiee or participation nor the sequential deliberation and advisory recom- mendations by the PEC and as a consequence did not allow for the studied consideration by the Town Council ofthe full breath ofthe issues involved. It is the long held position of the Homeowners Association that zoning laws must be fairly, equitably and consistently applied to all classes of property owners. It is the view of the Homeown- eis Association that the Special Development District is an inappropriate zoning tool because it holds property owners in the same zone district to different standards and in most cases grants devi- ations from zoning standards that are not readily available to ail property owners in the same zone district. The Association believes that deviations from zoning standards are grants of special privi- lege because they aze conferred upon an applicant in exchange for their acquiescence to exactions re- quired by the municipal authorities. 2. Stream Walk Issue: The Homeowners Association requests that a landscape plan for the restoration ofthe Gore Creek Steam Tract be anproved as nart ofthe Austria Haus nronosal so that rt is made cleaz that the 1971 stream tract protection covenant provisions aze enforced It is the posrtion of the Homeowners Association that the construction of a streamwalk is not nermitted in the covenant area. The restoration of the stream bank, in order to repair the damaged riparian habitat, appears to be comnatible with the covenant provisions It is the position of the Homeowners Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Message/FAX: (970) 827-5856 East Village Homeowners Associ970-827-5856, 06/17/1997 10:21:04 AM p,3 EVHA/Town CounciUSonnenalp Austria Haus 6/17/1997 ' Association that restoration of the stream tr•act should be a reQUir6ment of annroval as the damage done to the stream tract was done as a result of construction of the buildin that errtl occu ies the site. 3. Oatdoor Swirnmuig Pool and Terrace Location: The Homeovmers Association sun- orts the re uest from the Villa e Center Condominium Association to relocate the outdoor 1 and terra.ce awav from their nrovertv because of their concern for nuisance noise sources eenerated from these facilrties. The Homeowners Association believes that relocatin facilities that could enerate nuisance noise is a fair exchanee for allowinQ the pool and terrace to be located within the mandato- ry 10' landscaped bu$'er rear setback requuement. The setback recruirement nrovides that improve ment such as a nool and a surroundmg terrdce cannot be build in the first 10' from the nronerty line of the requued 20' rear setback. Locating the pool to the south east quadrant of the Sonnenalp property, the qnstria Haus management will bt more concerned with regulating nuisance noise sources from users of the out- door pool and terrace because it will be disturbing their own guests. Locating it on the southwest comer it is, out-of-sight, out-of- mind On-site management at the Sonnenalp will not be as respon- sive to complaints from adjoining property ownets as they would be from their own guests. cc: Bob Galvin and Board ofDirectors \ 2