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HomeMy WebLinkAbout1997-12-02 Support Documentation Town Council Evening Session ~ VAIL TOWN COUNCIL EVENING MEETING TUESDAY, DECEMBER 2, 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• CONSENT AGENDA: (5 mins) A. Approve the Minutes from the November 4 and 18, 1997 meetings. B. Resolution No. 17, Series of 1997, A Resolution designating an additional signer Elizabeth Pinson and removing signer Kelly MacRae on an imprest checking account for Library deposit transactions for the Town of Vail, permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. 3• Ordinance No. 22, Series of 1997, first reading of an Ordinance George Ruther amending Sections 18.54.050(J)1-5 and 18.28.040 of the Municipal Code of the Town of Vail to exempt outdoor lighting which is 18" or less above grade and is either a full cutoff fixture or has maximum source lumens of 400 (equivalent to a 40-watt bulb) from the total number of lights permitted per residential lot, and to permit accessory uses to be conducted outside in the Commercial Service Center (CSC) Zone District, subject to the issuance of a conditional use permit, pursuant to Chapter 18.60. (10 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 22, Series of 1997 on first reading. BACKGROUND RATIONALE: On September 29, 1997, Fritzlen, Pierce, Briner Architects, submitted an application to amend the Zoning Code to exempt certain types of outdoor lighting from the regulations outlined in Section 18.54.050 (J) 1-5 (Design Guidelines, outdoor lighting). On October 27, 1997, the Planning and Environmental Commission voted unanimously (6-0) to recommend approval of the requested amendment to Town Council. Additionally, the Town Council has directed staff to amend the Zoning Code to allow accessory uses to be conducted outside in the CSC Zone District, subject to the issuance of a conditional use permit, pursuant to Chapter 18.60. Council's direction is a result of a recent request to allow a batting cage to be operated outside at Garton's Saloon as an accessory use. A copy of the staff memorandum to the Planning and Environmental Commission, dated 10/27/97, and the draft meeting minutes have been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends approval of Ordinance No. 22, Series of 1997, on first reading. r [ 4. Ordinance No. 23, Series of 1997, first reading of the second amendment Steve Thompson to the Town of Vail Police and Fire Employees' Pension Fund. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 23, Series of 1997 on first reading. • BACKGROUND RATIONALE: The amendments to the pension plan have little impact to participants. The only change that will impact participants, is the Town may refund accounts less than $3,500 if there has been a break in service for one year. . STAFF RECOMMENDATION: Approve Ordinance No. 23, Series of 1997 on first reading. 5. Ordinance No. 24, Series of 1997, first reading of the second amendment Steve Thompson to the Town of Vail Employees' Pension Fund. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 24, Series of 1997 on first reading. BACKGROUND RATIONALE: The amendments to the pension plan have little impact to participants. The only change that will impact participants, is the Town may refund accounts less than $3,500 if there has been a break in service for one year. STAFF RECOMMENDATION: Approve Ordinance No. 24, Series of 1997 on first reading. 6. Ordinance No. 25, Series of 1997, first reading of an Ordinance Making Steve Thompson Supplemental Appropriations from the Town of Vail General Fund, Heavy Equipment Fund, and Booth Creek Debt Service Fund, of the 1997 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the An Ordinance Making Supplemental Appropriations from the Town of Vail General Fund, Facilities Maintenance Fund, Heavy Equipment Fund, and Real Estate Transfer Tax Fund, of the 1997 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 25, Series of 1997 on first reading. BACKGROUND RATIONALE: On November 18, 1997, staff presented the interim financial report and the required supplemental appropriations. This ordinance allows for formal approval of the supplemental appropriations. There may be a modification to the amount on second reading due to estimates not finalized at this time. STAFF RECOMMENDATION: Approve Ordinance No. 25, Series of 1997 on first reading. 7. TCI Follow-Up. (1 hr., 30 mins.) Tom Moorhead Bob McLaurin ACTION REQUESTED OF COUNCIL: Listen to presentation and ask Chip White questions to clarify status of present cable system in the Town of Vail. Rick Inman BACKGROUND RATIONALE: The Town of Vail/TCI Franchise Agreement which was entered into in January, 1995, requires a complete build-out of the system with fiber optic cable to be completed by January, 1998. This will not be accomplished. At the time of entering into the Franchise Agreement, TCI expected to be entering into the providing of telephony services on a large scale business wide. We understand that this business approach has been abandoned. We have been informed that this is one of the circumstances that leads to the present failure to completely rebuild the system with fiber optic at this time. ~ r s On October 7, 1997, Fred Lutz of TCI made a presentation to the Town Council in which he outlined the present status of the system. The Town of Vail has engaged the services of E3S1 to evaluate the Town of Vail system and to make appropriate recommendations as to how the Town of Vail can receive the best system and service available under the present circumstances. This will provide information that will hopefully assist Town Council in making ultimate decisions as to what action should be taken on the Franchise Agreement in light of TCI's inability to fulfill its earlier agreement. - Chip White and Rick Inman, will provide information as to their background which qualifies them to evaluate the present system and make recommendations. They will also provide the results of their findings concerning the status of the present system and substantive recommendations in the Town's effort to move forward with TCI. 8. Ordinance No. 26, Series of 1997, first reading of an Ordinance Adopting Tom Moorhead the Town Code of Vail, Colorado. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 26, Series of 1997 on first reading. BACKGROUND RATIONALE: The Municipal Code of the Town of Vail was originally published by Look Publishing Company in 1977 and has been kept current by regular supplementation. Over that period of time there are many provisions within the Code that no longer where current in regard to current department personnel and practices of a non- substantive nature. It was also determined that the format of the Code could be improved through a recodification with an emphasis on being more user friendly. This effort was undertaken under the direction of the Town Attorney's and Town Clerk's offices. Each Town of Vail department has reviewed in totality those code sections that fall most commonly under their jurisdiction. Because of this recodification process there has been developed a much improved index with appropriate cross-references which were inadequate previously. Also references to individual departments and staff members by title have been clarified where necessary. We have in most instances removed schedules of fees which are reviewed on an annual basis by the Town Council so that it will not be necessary to supplement the Code as frequently as we had in the past. Current lists of fees will be kept on file in the office of the Town Clerk and the department which administers those fee schedules. The recodification process is not intended to make substantive changes to the Municipal Code. As an added feature the Code will also now be available on CD Rom. STAFF RECOMMENDATION: Approve Ordinance No. 26, Series of 1997 on first reading. 9• Town Manager Report. (10 mins.) 10. Adjournment - 10:30 p.m. . ? . NOTE 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, 12/9197, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION • WILL BE ON TUESDAY, 12/16/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 12/16/97, 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:WGENDA.TC PUBLIC NOTICE VAIL TOWN COl1NCIL MEETING SCHEDULE (as of 1 1 /26/97) DECEMBER, 1997 In an attempt to respond to scheduled meeting demands, as weil as adhere to mandated ordinance and charter requiremenu, Council meetings are scheduled at the following times: EVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on everv Tuesday afternoon. THE DECEMBER 1997 VAIL TOWN COIINCIL MEETING SCHEDIILE IS AS FOLLOWS: Tuesday, December 2, 1997 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Tuesday, December 9, 1997 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesdav, December 16, 1997 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Tuesdav, December 23, 1997 No work session............ (Due to Holidays) Tuesdav, December 30, 1997 No work session............ (5th Tuesday of the month) TOWN OF VAIL C~~ 4, "-C Pamela A. Brandmeyer AssistantTown Manager Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. I COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1997 BOBlMIKE M/DOMINIC: Research the following: 1) Develop 1) Staff has maps showing potential exclusions from parking pay-in-lieu, 06/04 PAY IN LIEU PARKING a list of properties in CCI and CCII that have access to public (i.e., properties with access); 2) Staff is analyzing the overall parking ROW, to potentially exclutle their eligibility for pay-in-lieu requirements per the zoning code. Staff has met with Ed Del Duca who parking; 2) Analysis of the TOV's current parking has developed a computer-based "shared parking model" which analyzes requirements (compare CCI, CCII and West Vail); and 3) parking requirements based upon use and time of demand. Staff has Discuss parking analysis with Ed Del Duca. entered into a contract with Ed to utilize his sharetl parking model; 3) Staff is considering using Lionshead as the model for the shared parking analysis, specifically as it relates to the Lionshead Master Plan. This information would also be applicable to Vail Village and West Vail. 11/12/97 - Due to our severe shortage of employees, we have had to reprioritize our project loads and this project, along with many others, has been placed on hold. No work has been completed on this for a number of weeks now. We anticipate hiring two planners ASAP, but they would not be here until mid-December or the begining of January (with any luck). November 26, 1997, Page 1 TOWN COUNCIL COMMITTEE/TASK FORCE APPOINTMENTS TO: Town Council FR: Pam Brandmeyer DA: December 2, 1997 RE: Committee/Task Force A ointments This is a list of all committees/task forces to which Council members have been appointed or for which they have volunteered. It is my understanding that all assignments run to the next Regular Municipal Election, November 1999. COMMITTEE/TASK FORCE COUNCIL MEMBERS 1. NWCCOG Sybill Navas 2. NWCCOG Water Quality/ Sybill Navas Quantity Committee 3. Vail Valley Tourism & Mike Arnett & Convention Bureau Rob Ford, alternate (formerly VRA) 4. CAST Bob Armour Bob McLaurin 5. VRD/Council Subcommittee Kevin Foley Herman Staufer Rob Ford Ross Davis 6. Special Events Committee Sybill Navas 7. Bravo! Colorado Board Mike Jewett Michael Arnett 8. Eagle County Recreation Rob Ford Authority Ludwig Kurz 9. Town of Vail Housing Authority Michael Arnett 10. Channel 5 Vail Valley Community Television Board Ludwig Kurz 11. Vail Valley Arts Council Ludwig Kurz 12. Art In Public Places Sybill Navas Rob Ford 13. Mauri Nottingham Environmental Michael Arnett Award 14. Vail Valley Exchange/Sister Cities Sybill Navas 15. Eagle County Regional Transportation Kevin Foley Authority Rob Ford, Alternate 16. Ford Park Management Plan Rob Ford 17. The Chamber Sybill Navas 18. Open Space/Charter Committee Sybill Navas 19. Colorado Ski Museum and Ski Hall of Fame Ludwig Kurz 20. Town of Vail/Vail Associates Task Force Rob Ford Mike Arnett 21. Eagle Valley Leadership Coalition Rob Ford 22. Mountain Crew Tom Moorhead 23. Vail Youth Recognition Award Sybill Navas C:\TCAPPTS.LST I . MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: December 2, 1997 SUBJECT: An appeal of a Planning & Environmental Commission approval of a conditional use permit, to allow for a Bed and Breakfast operation, located at 147.7 Aspen Grove Lane/Lot 3, Black 2, Lionsridge 4th Filing. Property Owner: William Miller Appellant: Lionsridge Subdivision Filing #4 Homeowner's Association; Thomas Hughes, President Staff: Mike Mollica 1. SUBJECT PROPERTY The Miller Residence is located at 1477 Aspen Grove Lane/ Lot 3, Block 2, Lionsridge 4th Filing. 11. TOWN COUNCIL JURISDICTION Pursuant to Section 18.66.030 D,1 - Appeal of Planning & Environmental Commission Decisions; Authority, the Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning & Environmental Commission with respect to the provisions of this title and the standards and procedures hereinafter set forth. 111. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sections 18.66.030 D, 2 and 3= Appeal of Planning-& Environmental - Commission Decisions; Initiation and Procedures, there are three basic criteria for an adequate appeal: standing of the appellant; adequacy of the natice of appeal; and timeliness of the notice of appeal. A. Standing of the Appellant The appellant has standing to appeal the PEC decision related to the approval of conditional use permit. The Lionsridge Subdivision Filing #4 Homeowner's Association is considered an adjacent property owner and is also considered an aggrieved or adversely affected person. B. Adequacy of the Notice of Appeal The application for this appeaf was filed by Jim Wear, the attorney representing I 1 *YA8 TO{9NO . , the Lionsridge Subdivision Filing #4 Homeowner's Association, on November 4, 1997. The application for the appeal has been determined to be complete by the Department of Community Development. C. Timeliness of the Notice of Appeal Pursuant to Section 18.66.030 D, 3- Appeal of Planning & Environmental Commission Decisions; Procedures: "A written notice of appeal must be filed with the Community Development Director within ten (10) calendar days of the Planning & Environmental Commission's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday or a Town of Vail observed holiday, the last day for filing an appeal shall be extended to the next business day." The appeal form was submitted to the Department of Community Development within the required time parameters. On October 27, 1997, the Planning & Environmental Commission passed a motion (by a vote of 4-1-1, with Uselton opposed and Bishop recused) that the request for a conditional use permit, to operate a Bed & Breakfast operation, be approved. On November 4, 1997, the appeal form was filed with the Department of Community. IV. NATURE OF THE APPEAL The nature of the appeal is described in the appellanYs statement, attached as Exhibit A. The staff inemorandum to the Planning & Environmental Commission, dated October 27, 1997 is attached. The draft minutes from that hearing are also attached. V. REQUIRED ACTION Uphold/Overturn/Modify the Planning & Environmental Commission's decision. According to Section 18.66.030 D, 5- Findings, "the Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met." VI. STAFF RECOMMENDATION Staff recommends that the Town Council uphold the Planning & Environmental Commission's approval of a conditional use permit to allow for the operation of a Bed & Breakfast. Staff further recommends that the Town Council make the following findings: 2 1. That the proposed location of the use is in accord with the 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. F:\EVERYONE\COUNCIL\MEMOSUAI LLER.D02 3 . % ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 1997 SUBJECT: A request for a conditional use permit, to allow for a Bed and Breakfast operation, located at 1477 Aspen Grove Lane/Lot 3, Block 2, Lionsridge 4th Filing. Applicant: William Miller Planner: Lauren Waterton 1. DESCRIPTION OF THE REQUEST The applicant, Will Miller, is requesting a conditional use permit to allow for a Bed and Breakfast operation at 1477 Aspen Grove Lane. Section 18.58.310 of the Vail Municipal Code (Bed and Breakfast Operations) defines a Bed and Breakfast as: . , A business which accommodates guests in a dwelling unit in which the Bed and Breakfast proprietor lives on the premises and is in residence during the Bed and Breakfast use. A Bed and Breakfast operation may short-term rent separately up to three bedrooms or a maximum square footage of 900 sq. ft. of the dwelling unit. Bed and Breakfast operations shall only be permitted to accommodate a family as defined in Section 18.04.110." The property is zoned Single Family Residential and has a single family residence, with a Type I Employee Housing Unit. The applicant is proposing to use three bedrooms of the main unit, totaling 878 square feet, for the Bed and Breakfast operation. Additionally, two unenclosed parking spaces will be available for the guests. - - - - - - - - - - - II. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL Bed and Breakfast Operations Criteria - Bed and Breakfast operations shall be sub*ect to the following requirements• 1. Off-street designated parking shall be required as fo{lows: one space for the owner/proprietor, plus one space for the first bedroom rented, plus one half space for each additional bedroom rented. The parking requirement for this property is two spaces for the EHU, three spaces for the main unit and two spaces for the Bed and Breakfast operation, for a total of 7 spaces. The applicant has two enclosed parking spaces, plus five unenclosed parking spaces, totaling seven parking spaces. Therefore, the parking requirement for this property has been met. . . f~ 2. Enclosed trash facilities and regular garbage removal service shall be provided. The applicant is proposing to keep all trash in the garage and will have weekly pick-up by BFI. 3. Removal of landscaping for the provision of additional parking is strongly discouraged. - No landscaping will be removed as a part of this application. 4. Each Bed and Breakfast shall be allowed one residential nameplate sign as defined and regulated by the Town Sign Code. The applicant has not proposed a residential nameplate sign. 5. If a Bed and Breakfast operation shall use property or facilities owned in common or jointly with other property owners such as parking spaces or a driveway in a duplex subdivision, by way of example and not limitation, the written approval of the other property owner, owners, or applicable owner's association shall be required to be submitted with the application for a Conditional Use Permit. ' The property is zoned Single Family Residential and contains a single family residence with a Type I EHU, therefore, this criteria is not applicable. Conditional Use Permit Criteria . Upon review of Seciion 18.60 - Conditional Use Permits, the Community Development Department recommends approval of the conditional use permit based upon the following factors: A. Consideration of Factors: 1. Relationship and impact of the use on the development objectives of the Town. Bed and Breakfast operations are listed as uses that Conditiona! Use Permits may be applied for in 15 of the 22 zone districts within the Town of Vail, including all of the residential zone districts. The Vail Land Use Plan has numerous goals, which articulate the Town's desire to improve our role as a leading destination resort, including promoting the creation of accommodation units. 2 d 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 proposed Bed and Breakfast use will not have a negative effect on any of the criteria listed above. Guests of the Miller Bed and Breakfast will likely arrive via their own vehicle, a rental vehicle, or by airport shuttle van. 3. Effect upon traffic with particular reference to cangestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed Bed and Breakfast operation will not have a negative effect on the above referenced criteria. All parking will be provided on-site. Staff believes that the B&B will not add significant traffic to this street. 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. Staff believes this use will have little impact on the character of the neighborhood. The Bed and Breakfast operation will not enlarge the existing structure, or change it in any way. There may be an increase in the number of parked cars on the site, but staff believes that there will be little effect upon the character of the area. B. Findinqs The Plannina and Environmental Commission shall make the following findings before pranting a conditional use permit• 1. That-the proposed location of the use is in accord with the 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. 3 ~l III. STAFF RECOMMENDATION Staff recommends approval of the applicant's request for a Conditional Use Permit to operate a Bed and Breakfast subject to the foliowing findings: 1. That the proposed location of the use is in accord with the 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 ; . - - 0 \ I s~^~r, 'y+5=~ 4 ° \ ~ su.j ~ _.Z~~ - i ~ ,.nto]--` a~ u ~ ~ : xa.~ ~ ~ai~>- I I `atri.s - a~a 1, ~ S - ~ • G'J~-.' 2`~' ~ . ase' ~ ~ .:Sb x 1 I \ \ ~ ~ - -30~~ ` ~ ,.~Cl 5,;~w? - r'~jRG2~Y7YP !~n^~?E I? ~ _ ` ~ / ~ ~ _ . • ~ l~ ~ - ~-NE7~T J~ , - ~ /i R/M~L. B42'7.5~ ~ ~ ~ / Fravc'M~ . / / - ~ - L„ 1 r ~ , i 010 ~ ~ArH 3 ~ 5 T~{ 4 ~ ~ ~bo9 , a = SiLL fAii 6=DROOM ~ ~ ~ /Q~ I B=DROOM T F C R E•iR33 ` Y ir~ ~ ~ I I • ~ ~ - ~ ~,a- ~n n~ ' i 11t ~ ~ - In ~ I I ~ ~ • 2toa - -'L Y'~'IUUI - - ~i I I v O HALL n -9. 6 I GL. ~ ~ ~ - i _•_r. =•-9• . I 5' ~Il u, ' T(I C~ n~ 20b3 1 _r uo BEDQOOM 2 O ~ e O 4 O S o REG. ROOM - ~1 ' - - ~ DIR[GT YOIT I: I.tiS FIFLFIAGE ~ r,, ' tt ~ ~ ' '(7YER ~ ~ 111I \ -1 ~ ~ t \ I(1 ~Q ~~.c rr _ ' ' " ? 1.._-:-•.'. , . m D:ar'.11~2 p5 ' 11 • qI/•J R.O. R.O. 22'-3" LEVEL 2 ~ , ~ TO:Town of Vail Office of Community Development October,24, 1997 Lauren Waterton, Planner, We, the residents of Aspen Grove Lane, are opposed to any form of Bed & Breakfast operation going in on the property of William Miller at 1477 Aspen Grove Lane. This block is zoned single family and we want to preserve the single family environment. A Bed & Breakfast on this privately owned street would completely oppose this concept. We also question the feasibility of running a hospitality business off a private road. Ttlis road is privately owned by our Homeowners Association. The Association pays for all maintenance and carries liability insurance. We•do not want any added liability of Bed & Breakfast guests. A business of this type would cause extra traffic on a road where many children play and ride bicycles in the summer and play in t}ie winter. For these reasons we only want single family status in keeping with the rest of the neighborhood. After discussing this proposal with the residents of Aspen Grove Lane, we do have a majority in strong opposition to this applicati.on. - - - - Sincere ~ ~ homas J. H ghes, siden-t~ Aspen Grove Lane Lionsridge Subdivision Filing #4 . Homeowners Association J a ' . ~ • Pedro Luiz Rzbeiro ' 10/20/97 Mra. .Anna Fitx 'The Prudenkial---- Vail, CO Dear Anne kga;ny ThnnkEi for your note on the Uii.11. Dxilldr p1an. r have been hearinQ al.'1 a].ong the corstrzction pex•iod that he planned to do juat that. ' Although x tiend to nS7ree with you tkxati a papa and maLma . oty'le Bed-mnd-Aroakfasi: shoulc3 not ]bfl a big nuisance, what wTe have here io planned hota:l, nnt a famil.y looking for ways of sukas3.ztence. You can tell '~om Huqhs rnat xstrongl;y~ oppose the Hed and Breakfa~t idraa. Yt ju5t str.ikes me as devioue tho way this gfantleman x,.s tryixag tn obtain 'c}ae parm3.t. Had he gone to tho planxinff Commi.gaxon wit1i the project befozehan3, they certainly 4rou13 h.avs deinonded a cogtliar constxuction, geared tU ~hat end"use. One probabla suc% reSiuirement co7a1d b9 dlvt more parking space, as the Zano io 1?rivate and he Canrtot expect to go by usinQ it fox prxrki.ng. I p7.eatte ask Tom to cantact me if he =-ieedg anythin.~,7 else from this end. We w'i:L1 next be izi Vai.l Navamb$r a~t~p ~DaCe~e~am~~.ax~,d loo}c torwar3 to gett~.ng to~ Wttx7cte ffaidso ~ Phane t55-i 1 -7961-~.~.2~1 Pax 7961-05393 e-mai1: pr@uol.com.br ~ ~ C oc~ - ~ aS A-c) ~ ~ ~ . ~ ~ C~ (z. t~ ~-l ? ~ (ny ~ ~ Gcc:)v,zc j) ~ S ~ ju b;- , . 1 OUR o ~--L+t o ~ , )Ku 1~~ o@-S ~ ~ SINf BY: 10-24-97 ;12:05PM : B C I ADVISORS- 9704792452;# 1/.1 • AONALD & NANC.YREMEY V 1971 Aspen Grnve Larte Vail, CO 81657 Octoher 24, 1997 Ms. Lauscn Watcrton Tuwn of Vail Planninb Commission Vail, Colorado Fax: 970-479-2452 Re: Pmpcysed Bed and Breul:f%st 1477 Aspen Orcive i.ane Dear Ms. VJttterton: As owners of 1471 Aspcn Grovc Lane, wa are strongly opposcd to the proposcd estetblishment of u bed und breakfnst as proposcd by Will Millcr tor 1477 Aspc'n Grove Lanc. Uur oppositioii is ba.sed on tlic followilig: 1. Aspcn Grovc Lanc is a private road in an ezclusive rrsidential arca. "I'he prmence of u rctail commercial cntcrprise will negatively impact the qu.ality of lite for vur family, - il will increasc traffic, - it will create a parking li?t, . - it will have tiigmEe and lighting not suited to the road, - il will attract vendors, prospective customcrs and others not suiled io a tolally residential street. 2. It wil] ncgativcly affcct tltc rcal cRtate value of aur prvperty. 3, ii wi.l.l yct x preccdcnce for the entirc Buffcr C;rcck Road area 1'm possible other retail/commercial businesses. The Duffer Crcek ltoad area is an oasis from the ratnpant commercializltion of the Vail Valley. '1'hat wAS an impnrtant factor in the purchase of our homc in Septemher, 1996_ 4, nur T.ionsridgc Subdivision Filing #4 Iiomeowners Assucisition is opposcd. We hope thatthe'1'UV Ylanning Board will totally rejeet thii: xpplication. Further, wc would urbe the development of lo»ber term zoning' and planning policies Qial would enhance the quality of lifc in the Vail Valley. Sinccrcly, !OCT 23 197 13:54 SSFiVARE P.lii ;t . MEMORANDUM ~ TO: Town of Vsil P12nniwg Department FROM: Bruce King Owner of residence at 14$1 Aspen Grove Lanc Lot 1, Block 2, Z,ions Ridge Sub., Filing 4 RE: Application for a bed and breakfast at 1477 Aspen Gxove Lsixac Lot 3, Block 2, Y.ions ltidge Sub., Frling 4 ' DA'Y'E: Octobcr 23,1997 As the owner of the above property on Lot l, T wish to state my opposxtxon to license being given for a bed and breakfast. T'he following issues cause me concem: . 1. The street is a private street owned by the Lions Ridge Home Owners Association. 2. The street is not maintaincd by tb.c "I'own of Vail, but through the Home Owners Assoeiation. : 3. Insucance covezage on the street is assessed to - tlie home owaers: I feel this coverage sliouTd not , be changed or modified to cover such business. 4. I also have concerns about increased xoad braffic and noise associated with such establishments. ~ Sincezely, ~ : 4Bce King 970/845-58I9 (Office) 970/476-4630 (I-Tome) Oc i. 24. 1997 4: 30PM SHOOK HARDY BACON No. 8841 P. 2/3 L/1W OFFICES iSHQOK,HARDY&$ACON LLP ,o coRPoRATE wooos 6101 INOtAN CAEEK PARKWAY POST OFFlCE BOX 757ZS ti`+~sAs an. Mssouw w ur.urm uwNUTV NOU6TON. TEXA& rAaTnuuHiv wcLuoua OVERLAND PARK, KANSAS 08225S128 wASHwarow, O.C. PROiE9910NAL COHI'OMT10N7 TELEPNONE (813) 43+L000 1 FAC`'IMILE (813) 451.8g70 z~"~°ON' . October 24, 1997 J. E„g.,,. Ban,,o, Dear Vail Planning Commission Boazd: We are residents at 14808 Aspen Grove Lane and wish to express our desire to jM allow the owner requesting to be a Bed & Breakfast to do so. It appeared this summer many visitors seemed to be there, and I wondered then if the owner was operating a Bed &13reakfast despite neighbors' wishes and city permits or approval. We really have been unhappy with the house and its owner sincc its complction. 'W'e do not feel it meets the higher standards of the hornes on our street or the entire area. To imagine it as a , Bed & Breakfast is worse evem yet. We punchased our home in the Spring of 1993; the main appeal for the purchase was the secluded location and lack of commercial development. We folt Aspen Grove T.anc was a real find, at thai time, and hope it will remain that way in the near and distant future. Having a Bed & Breakf'ast on our street would increase the traffic at all hours. A.t some point strect pat'king would be needed, and thc streets are not designed for that purpose. At the very least it could cause traffic problcros for thosc gctting to and from their homes. If this owncr is allowed to opez-ate a Bed & Breakfast, what is to keep othcrs, cither now vr later, from doing the same? Soon we'Il be lrnown as Bed & Breakfast Lane instead of Aspen Grove Lane. As far as Y lrnow, none of the homes on that street rent out their homes; I knowr no One does iz1 Aspen Grove Townhomes. If we all choase to not make extra money from our honnes, then why v4rould we want someone else to proftt from renting? We wish the atmospheXe of our street to cozttxnue as a secluded residential area and fee( adding a Bed & Breakfast will not maintain our peaceful, residential environment. Please strongly consider the views of residents who will be directly impacted by the decision. Wasn't all of this previously discussed at the time of construction when the Bread & Breakfast concept-was-overwhelmingly vetoed by zesidents? It was our impression that this had already been voted down. How frequently will this be reconsidered? Can we be assured that we will be notified if it is reconsidered again? < vcL, L4, 1uu 1 g.JlEm ouuvn Rri4L1 DttVVl1 nu, 0041 i, J/J Vail Planning Commission Board SHOpV,HA,RDY&BACQN Li.P 4ctober 24, 1997 Page 2 We would appreciate being kept apprised of any future considerations in this rcgard. You may contact us at our Kansas City phones: (913) 492-9683 or (913) 451-6060, ext. 86036. Very bruly ~ ~ eila Wombles J. Eugene Balloun Ann Bishop made a motion for approval with the 5 conditions, in accordance with the staff memo. Diane Golden seconded the motion. DRAFT The motion passed by a vote of 6- 3. A request for a conditional use permit, to allow for a bed and breakfast operation, located at 1477 Aspen Grove/Lot 3, Block 2, Lionsridge 4th Filing. Applicant: William H. Miller pianner: Lauren Waterton Ann Bishop ed h , as representing a gentleman who was emp oyed by the applicant. Mike Mollica gave an overview of the staff inemo and said that there would be 3 additional cars on the site and that staff was recommending approval with 3 conditions. Greg Moffet asked if the applicant had any comments. Will Milier, the owner of the property management company at Montaneros, said this use lessened the impact versus renting the properfy out short-term. He said he secured different vacation parties through ihe management company for short-term rentals. He said short-term occupancy allowed in the house was 10-12 persons, plus the housekeeper, generaiing more cars than what would be generated by 3 couples if the use was a bed & breakfast. He stated that he would be in residence on the site. He explained that vacant rooms were rented out in ihe . summertime wilh one person per bedroom. He stated that based on the number of houses on the street, he was not overloading the street and would be accountable, since he would live on the premises. Greg Moffet asked for any public comments. Tom Hughes, President of the Aspen Grove Homeowner's Association, stated they were against this use. He said the intention of this neighborhood was to be a single family neighborhood and he had not heard one positive comment about the request. Peter Kyle, a next-door neighbor, said he was planning on selling his home and the B&B would have a negative impact on the sale of his house. Carroll Orrison, the owner of the 2nd house built on Aspen Grove Lane, said the area was isolated from the city and he thought the area should only have single family homes. Tom Hughes said that Tract B included this private road. He said he represented the ownership and they kept it plowed and maintained. He said since they owned the road, they wanted to keep it private. - - - John Schofield questioned if the road access was owned jointly by the 11 owners and controlled by the Association. Planning and Environmental Commission Minutcs October 27, 1997 3 Tom Moorhead said he reviewed the declarations and although the road was privately owned, there were no restrictions in the declarations and the road was described in the declarations as a public road. He said if the road had been described as a common area, then this application would require permission. John Schofield questioned a public road privately owned by the association. Tom Moorhead explained that the application would have required the Association's signatures. Tom Hughes said Tom Moorhead was correct, but a majority rule had the ability to change the declarations. John Schofield said the PEC didn't have the ability to change it and under the criteria, the Association didn't have any authority now. Gene Uselton asked who owned the road. Tom Hughes said the Homeowner's Association. Gene Uselton said he thought Mr. Miller should have the approval of the other property owners. Tom Moorhead said the Association declarations did noi have any controi over the use of the , road, only the maintenance. He again explained that the road was not a common element and therefore, without control, although it could be changed. He said the Association did not have any direci authority to control the use of the road. Gene Uselton asked if ihis was a legal matter. Tom Moorhead said the Town of Vail did not enforce private covenants. Greg Amsden asked about the definition of Section 18.04.110, as referred to in the memo. Mike Mollica read the definition of 18.04.110, what constitutes a family and explained the Section's intent was to define how many individuals could occupy an individual dwelling unit. - - - - - Greg -Amsden asked.if this was zoned single family. Greg Moffet stated this use was permitted. Diane Golden asked if Will Miller had an EHU with a separate garage, Will Miiler said, yes. Diane Golden asked if there would be three B&B bedrooms downstairs. Will Miller explained the traffic pattern of the B&B users if this was approved and said a VA employee lived in the EHU. Planning and Environmental Commission Minutcs October 27, 1997 4 Diane Golden said she was sympathetic to both parties, but the Town has made a statement that B&Bs are permissible. Will Miller said that directly across the street was a multi-family project and this use wouidn't change anything and he would go back to 3 roommates in the summer. Diane Golden said a conditional use permit could have conditions to see how it goes. Greg Moffet said the PEC could sunset this. He said, knowing some of the players with small children, the elected officials said B&B's were a desired usage for every zone district. He said that the conditions were clearly met and it was unfortunate that the neighborhood couldn't get together. He said more covenants could be deployed, but as it appeared, this was a case where the PEC was compelled to grant approval. Greg Amsden asked for information about the kitchens. Will Miller said the 2nd floor kitchen was not installed. He said it was a rough-in and contingent on what happened with ihe usage. He said it had only a microwave and a sink. John Schofield made a motion for approval with the condition that an approval would not be required by the Aspen Grove Lane (Lionsridge Filing No. 4) Homeowner's Association and that ~ the conditional use permit will expire in one year from the date of approval. Diane Golden seconded the motion. The motion passed by a vote of 4-1-1, with Gene Uselton opposed and Ann Bishop recused. 4. A reques r a m' m nt to 4(C e Villa , o al odifica ions to allowable GRFA and building height limitations, located at 1150 Westhaven Lane/Lots 39- 1& 39-2, Glen Lyon Subdivision. Applicant: Timothy Pennington, represented by Diane Larsen Planner: Dominic Mauriello Dominic Mauriello gave an overview of the staff inemo. Greg Moffet asked if the applicant had anything to add. Diane Larsen, representing the applicant, concurred with the staff's recommendation. Greg Moffet asked for any public comments. There were none. Ann Bishop had no comments, but thanked Mr. Norris for his letter that described the history. Diane Golden had no comments. John Schofield had no comments. Gene Uselton had no comments. Planning and Environmental Commission Minutes October 27, 1997 5 • ~ • ~ \ ~ EXHIBIT A ~i TOWN OF YAIL ~ APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION A. ACTION/DECISION BEING APPEALED: Approval of coriditional use permit fdr/operations of Bed and Breakfast at 1477 Aspen Grove Lane, owned by Williarn Miller ' B. DATE OF ACTION/DECISION: October 22, 1997 C. NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Plannina and Environmental Commission . D. NAME OF APPELLANT(S): Lionsridge Subdivision Filing #4 Homeowners Association MAILINGADDRESS: 1475 Aspen Grove Lane, Vail, CO 81657 PHYSICAL ADDRESS IN VAIL: 1475 -Aspen Grove- Lane pHONE: (970) 476-7335 LEGAL DESCRIPTION OF APPELLANT'S PROPERTY 1N VAIL: 1477 Aspen Grove Lane/ _ tot 3, Block 2,' Lionsridqe 4th Filin I,ION'S RIDG O. 4 EOWN ASSOCIATION E. SIGNATURE(S): BY : T omas Hughes, Pres' nt ~ . . 1997 Page 1 of 2 ~ OMM, nrVi DEPT. 1N,~-~ ~'"1~~• ~t~6-176~6 Additional Page to Appeals Form ACTION/DECISION BEING APPEALED: Approval of conditional use permit for operation of Bed and Breakfast at 1477 Aspen Grove Lane (the !'Property") APPELLANT: Lion's Ridge No. 4 Homeowners Association ("Appellant") H. On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. The Property is within Lion's Ridge Subdivision Filing No. 4(the "Subdivision") , and is subject to the First Amended and Restated Declaration of Protective Covenants for Lion's Ridge Subdivision Filing No. 4(the "Declaration"). Aspen. Grove Lane provides access to the Property from Lion's Ridge Loop. Pursuant to the Declaration, Aspen Grove Lane is owned by Appellant and is provided for private use by owners within the Subdivision. ' Section 18.58.310.B.5. of the Town of Vail Municipal Code provides that, "If a Bed and Breakfast operation shall use property or facilities owned in common or jointly with other property owners the written approval of the other property owner, owners or applicable owner's association shall be required to be submitted with the application for a conditional use permit." The bed and breakfast operation on the Property will use Aspen Grove Lane for access. Aspen Grove Lane is owned by the Appellant for the benefit of all owners in the Subdivision. The owner of the Property did not submit the written approval of the Appellant with its application for a conditional use permit for use as a bed and breakfast and Appellant, in fact, disapproves of such use. - Therefore, the approval of the conditional-use permit--by-the--- - Planning and Environmental Commission was improper because all requirements to such approval were not satisfied. As a result of this failure of a condition to approval of a conditional use permit for use of the Property as a bed and breakfast, the Appellant requests that the Vail Town Council overrule the approval of the conditional use permit and enter a denial of same for the reasons herein stated. \wear\m-lion's.gwp TO: Vail Town Council FROM: Community Development DATE: December 2, 1997 SUBJECT: Modification of high debris flow hazard designation for 2645 Bald Mt. Road/Lot 10, Block 2, Vail Village 13th Filing. Staff: Russ Forrest 1. PURPOSE The purpose of this worksession is to consider a request to modify the high debris flow hazard • designation for 2645 Bald Mt. Road/Lot 10, Block 2, Vail Village 13th Filing. Ms. Nott, the property owner, is requesting this change as the result of mitigation that was constructed north of her home on Tract C, Vail Village 13th Filing in 1984 (Attachment 1: Photos of berm). 2. BACKGROUND In May of 1984, the Town of Vail experienced approximately 40 debris flow incidents, of which several were located in the Bald Mountain neighborhood. The property in question did experience a debris flow at that time. After the first incident in 1984, the property owner created a diversion channel approximately 12 feet deep and two berms to mitigate future debris flow events. The applicant has provided additional background information for this request which is included in attachment 2. - The middle portion of-the property is designated as a high debris flow hazard area and the rest of the lot is designated as a moderate debris flow hazard area as per the Town of Vail hazard maps. Stan Berryman, who was the Town of Vail Public Works Director at the time, wrote a letter which stated that he feels that the berm "should effectively divert all but the most catastrophic future mudflow events away from Ms. NotYs house (Attachment 3)." Staff has met with Ms Nott, at her request, on several occasions to discuss how the existing berms and ditch affect the hazard designation on this lot. Staff recommended to Ms Nott that a qualified geologist do a site specific study of the lot to determine what if any hazard designation should be placed on the properry with the existence of the berms and ditches. Ms Nott engaged the services of Nicholas Lampiris, who has done many geological studies in the Town of Vail, to do a site specific geological study of the property (Attachment 4). Mr. Lampiris concluded that Ms NotYs home is "out of the Debris Flow Line because the line will follow the bottom of the trench to delineate the lower reaches of this hazard in this area." A map is provided with this . letter to delineate where the high debris flow hazard is located. This conclusion was supported by an engineering firm that Ms Nott engaged to also review the geological hazards on the site (See Attachment 5). 3. RECOMMENDATIONS Town staff including the Town Engineer, Greg Hall, has reviewed the letter from the Geologist and finds that the letter is adequate to justify designating a portion of the properry as having "approved mitigation." Since the mitigation for this hazard already exists and no building permits are required, the process for creating approved mifigation involves the Vail Town Council passing a motion that would modify the Town of Vail Debris Flow maps to indicate approved mitigation on a portion of 2645 Bald Mt. Road. If the Town Council would approve of Ms Nott's request, an overlay would then be created, similar to what was done with the Booth Falls Berm, to indicate that an area on her lot is protected by the berm. The map would also have a notation to refer readers to the letter from Mr. Lampiris and the site specific hazard map prepared for this property shown in attachment 5. Approved mitigation in this case, based on Mr Lampiris's letter, means that the existing home and the area south of the center line of the ditch is "now out of the Debris Flow Line" and is no longer in a hazard area as long as the berm and ditch are maintained. The area above (north) the center line of the ditch remains in its present hazard designation. Attachment 1 k;y~~ Town of Vail Debris Flow Map Moderate Hazard I M High Hazaard a ~ View of Ditch and Berm north of 2645 Bald Mt. Road V`#ni c t 5~ ~ , . y.., ! a.~im^u View of the backside of the berm directly north of Ms Nott's home Ell ~ a •9c , .>ns1'Y "1 ~a'i?~ ~ Nt r r 5a Attachment 2 Additional Background Information from Ms Nott OVERVIEW Lot 10, Block 2, Vail Village 13th Filing BACKGROUND Not until recently, when an application was tumed down for a local bank home equity loan due to the fact their town maps include many properties in hazard zones, Lot 10 among them, did it become apparent that the 1984 mitigation efforts to Lot 10 were not documented. Explaining the situation to Senior Environmental Policy Planner, Mr. Russ Forrest, he assurred me that it is a routine matter and town regulations aze in place for such circumstances. (See attached map examples.) Of significance here is a quote from Andy Knudson contained in the enclosed letter stating that a"high hazard" debris-flow designation on Vail's planning maps "was a very `broad brush' and not necessarily applicable to most of the mapped lots" (enclosure # 1), It is significant that this enclosed letter was submitted to the Community Development Department as part of an application for a new two-story large home addition with a wooden foundation to be built ten feet from Lot 10's western property line both lots being in the same mapped hazard zone. This addition was recently approved without any special hazard zone building requirements in effect adjusting the hazard-zone designation. Mr. Forrest explained that this was allowed because effective mitigation was already in place on Lots 10 and 11. These mitigation measures are explained in enclosure #2. Because I am not applying for a building addition, etc., the procedure for documenting effective mitigation measures in order to adjust a portion of the existing hazard zone on Lot 10 is different. Council approval is required rather than Community Development and Design Review approval. It should be made clear that the Town of Vail or any of its officers or employees hold no liability for statements and/or decisions regarding hazard areas or geologically sensitive areas. (Please see enclosure #3, Sec. 18.69.038 Disclaimer of Liability.) As we have spent a great deal of effort and funds establishing effective mitigation berms and a new channel, it is appropriate to have the hazard maps reflect these improvements and "clear" the building (home) and certain lower portions of the lot from a"hazard" designation. The portion of the lot above the mitigation channel will remain in the current designation. As the maps presently show, the house actually appears not to be in a"high hazard zone" but because of its grass (sod) roof, the aerial photos are unclear. (It is stated in the Hazard Study Report that "hazard lines terminate at the uphill sides of buildings; this indicates that flow energy will be absorbed by the building"). It is apparent from studying the maps that most homes are not included in high hazard zones for this aforementioned reason. A Colorado licensed Consulting Geologist, Nicholas Lampiris, Ph.D., was hired to do a site- specific study as required by Town of Vail zoning regulations. According to Town of Vail files, Dr. Lampiris has executed many site-specific analyses for owners of properties in similar geologically sensitive azeas. A survey of the lot and new stream channel was done by Eagle Valley Surveying Company. A revised hazard map for the lot was drawn by Mr. Richard Berridge, licensed Landscape Architect and a former Vail azea land planner. All professionals contacted regarding Lot 10 support the effectivness of all mitigation measures presently in place and concur with Dr. Lampiris' findings. If you have any questions, please don't hesitate to contact myself or Dr. Lampiris. , . oF ~ u-1~?~1,: .:j ~=.:i. . i~EOLOGIG sfft451Th/ny OVFP1-AY r"(oPS J~ f~1~~L t-LTF{ pPP~P ~~t-fic~aTlr,r~ / ~ct.~c.~GIG 5Ei`~Slf)VI'T`~ OV~~.AY T'(AF'Y Cp~I~1GIV ~po~ D,R"iPI Fr7: OI'-Y~~>, FArlce~ W rrH ~+'-?~o,~d M Iner~~ icr! u111ll ~rr-r.~r~ ?=~c~1 r~t~r~ - GourlGL. 4,PGt<Ov'Hr~ CIEOLO(aIG 5GN51'rIVIT`~ OVER'~AY P"Icf'S icu ~ / . nrc r•~~-~-- . ~,f-a:: , ,.k.~: 1_)Y Mo'I1C)rJ '2-14~'7z ~ ~l - ^~1 ~37 . f ENCLOSURE #1 r:, ~ ~~#~Prraa~ ~nsinpPrin g ~ 1180 C1tls;dr MxV• :r,n,olt~xAf' S99 4/4/06 ' (406)901•5834 FAX(40b)gg~•56;4 { ! r)Uminic Maurlello Town p? Va1I, CO ' for duplex at 2625 s i ~ j aJ.d Muur.tain Kd Jt)h# 90413) ' ncar ML•. Mauriollo, , ~ . ? I Fisr tha re I qufAst or uennl5 Linn, ttlis le=tOr EL:trJaaX'2Z2S the findingS of i our Septaatber, 1993 ;nvegtigation af the referenced structare ~ The dupiex is located in T.re resubd1videC~ iat 11, t3ioCk 2 pf rh 1 ~ Thirteenth fi1inq of Vail Villa e in a7d Site. rezativelY bare hill (Bald Moungain ~a~l' Colcrafle, e~ ~ ) ri$Os to the nprthAbe;~~n4,thoCky, I dtuPlnasex.orTAspenllis bdof laI•qe trees, but has well estab ; nezr its co.~flugnce with thee?(betwpan the S1ope aad tne duplaxliahed ; argar~ mountain dbpve, ? a;ld ' j The ToWn qI va-tl's pldnnfn3 :nnps showed - , ~ ~ 1 hazard~~ aebri$ f1ow area. Uur Biscussiar,swiCh~t~,s pianaing'~riigh ; departments' An@y %nudtsen revealed that th3s c3eQi r I ~ "broad brush,~ aiid not necessr~ril ~ ation ;aas ~pry Y appi_icable to mpst of the ttiapppd iots. ~ The structure appeared well rounc3ea, and no indicatipns of :oundatinn movement of slope fnstability were noted durfng our lnvesTigatipn. Z`he ~ duplex s conventional foundation and dflck syetems Showed r:o a I vigns of s•Li•ain or post-cc;;lst:uctlor: movement. ~ PParent ~ or other debris dauiay6 was r.ot=d No ind~ca~i~ns ~f x~ck ~ nr.curred since the 5L_•uc:ture's COnstructj,pne1Q~~jQrB reported none ~:3s ~ ; Tha density ef thg Asperl yL•vvey neax the to i appears to iildicaLe little rock movC~ntent has pCCurrea~inoth~heas{ 12 ceveral decacle5. Like many subdfvisions in this area, lposeninq Qf the ' soils in the Ri011lltdlZ2 blvpou could result in mud ar rock slides during ' pnrtitularly heaLvy n.oisture-- yodt•~~ uut the slope behind this du IeX I sYivwed no indicnt3ons of suCh slp e Pailure, + ! d suacepttbi2:Cy dus tv ±t~ Yiigh rock content andsoutherr.texptosur8~~ l~w~r ~ ~ ! zt in the opiaiors of thia oifics thdt thig etLuCture dpQB not have a aiqttifiaaatly higher risk oi debris damaqe thaa moat in the Vdi1 aLrea, anct that au additiou proporly dosignea an4 ccnstructed Der normal LBC quidelines will not inCreas• th• hazdzd to other proparty oz atructurss, i or to public bui14in9rs, rights-of-way, rea,ds, ¦treete, sasemanta, ~ utilitie$ or facii-ittee. ; Wg hope this letter provic3rdb 1,2~e rmaLion desired. Please do not 1 hasitatQ tU ::ur~Ldt,:l, uts it: we may ba of further asslstance. ~ ! 5incerely , Etl"1' EVGINEERYNG & DESTyN, INC ~ ; by: Jeif ~ C. 5hdrpe, PE i ~ ; ~ ~ Eve B. Nott Enclosure #2 MITIGATION DESCRIPTION In the spring of 1984, a small, seasonal, spring-fed underground stream on the east end of Lot 10, Block 2, 13th Filing flowed above ground and, after several days of rainy weather, overflowed onto adjacent land and the street below. No damage was done to any structure or building. All landscaping remained intact. During this time-frame, the owners, at their expense and under the supervision of the Town of Vail's Public Works Department, constructed with the appropriate heavy equipment a large diversion channel extending the entire length of the lot. This new deep channel adjacent and above the original stream bed has fully contained any and all subsequent water flows. Additionally, high berms were constructed along the channel's banks to further enlazge its volume and "carrying capacity". Stream flow volume has always been a fraction (<1/20th to 1/100th) of the new channel's capacity. Another massive berm was constructed along the western and northwestern lot lines and 20 large blue spruce trees were planted for further protection. These berms form a protective basin and barrier for any flash floodings, etc. All these mitigation measures remain in place. ENCLOSURE #3 - - - - 18.69.036 Disctaimer of liabili'ty. - This chapter is based on scientific and engineering considerations which are continually being developed. Compliance with the pro visions herein cannot insure freedom from risk to life, safety or property. This section shall not create liability on the part of the Town of Vail or any officer or employee thereof for any damage that may result from reliance on this chapter, or any administrative decision lawfully made hereunder. The designation of certain areas as- hazard areas or geologically sensitive areas pursuant to maps incorporated into this section does not imply in any way that areas not so designated are free from all risk to life, safety or property. (Ord. 5(1985) § 4.) . Attachment 3 Letter from Mr Berryman i Attachment 2 Pitkin County Public Ill/orlcs 76 Service Center Road Aspen, Colorado 8161 1 . (970) 920-5390 Fax: (970) 920-5374 October 9, 1996 Mr. Russell Forrest Community Development Department Town of Vail Via Fax: 970-479-2452 Dear Mr, Forrest, I was employed as the Public Works/Transportation Director for the Town of ` Vail in May of 1984 and was responsible for the deployment of Town resources during the mudslides that occurred at that time. After the Bald Mountain mudslide, Ms. Evie Nott constructed a diversion cliannel above her house approximately 12 feet deep and a berm approximately 25 feet in height as mitigation for future mudflow events. It is my opinion tliat this structure should effectively divert all but the most catastrophic future mudflow event away from Ms. Nott's house. Please call me if you have any questions or if you desire any additional information. Sincerely, . Stan Berryman, ector of Public Works 14ah PqINTEDON RECYCLEDPAPER Attachment 4 Letter from Lampiris and Map COLLINS & I.AMPIRIS C"iNZt II.T1Nt7 ( iltt )I! r 71v 1'y 11.0. I3()X 23 S11:1', Cc~?.ORnDO 81652 PtioNr•/Fnx (970) 876-540(1(24 Houtts) PKINCII'AI.C Ilnia: A. Cullins, 110ll. Nidwlas I.nmpiris, 110D. October 22, 1997 I;ve B. Nott PO Box 792 Wail, Colorado 81658 RE: Hazard Mitigation Evaluation, Nott Residence, 2645 Bald Mountain Road, Lot 10, 13"' Filing, Vail Village. Dear Ms. Nott: uation I visited the above referenced home in Vail recently for the aunst debris avalancl e pot nt al a,As you especially as it pertazns to mitigation in place to safeguard ag know High Debris Plow Hazard was mapped for this property in 1984. constructe With respect to the debris tlow hazard, I believe that f~~erhomeras t e p esent channel s Snow years ago w?II effectively divert flows to the east o configured. Obviously, as the trench behind the berm fills, with time, it must be periodically cleaned to perform as designed. Please reference the Ricliard IIerridge map dated August wi ll now follow tlie bottom of the This home is now out of thc Debris I'low Line because the trench to delineate the lower reaches of ttus hazard in this area. The property did lie in a geologically sensitive area, but development of the berm as y d oat~ed at e ts, increase the hazar d to ot her prop e r t y, o re~es of anki d. I fthere ahe furthea questions, please easements, utilities or facilities or other prop Y contact me. Sincerely, . I~ • • 'm y . Nicholas Lampiris - Consulting Geologist NL:bac ~ 1 0 1 ' I ~ ` f ~ ~ ~ i ~ ~ i~,o1iIw.~n~ tis ~anaAmn er i oorrsrxucnae+or \ \ \ ~ wvnuwr+ orrai \ i \ ? i \ ? ~ 1 ~ ~ ~ ~ . ~ O . / f a ~ . . ~ • , o~,pt1D5CAp~a ~ 60, k _J sr . . ~ qj,F 0~ r , ~ \ ;0~' Attachment 5 Supporting Letter from Engineering Designworks, Inc. C ENGINEERING DESIGNWORKS, INC. 30965 Moffat Avenue P.O. Box 775729 Steamboat Springs, Colorado 80477 (303) 879-4890 (303) 949-4823 FAX (303) 879-4905 December 10, 1996 Evi Nott 2645 Bald Mountain Road Vail, CO 81658 Refersnce: Debris hazard assessment for house at 2645 Bald Mountain Road To whom it may concern, The following is a summary of our findings per Evi Nott's request that we investigate the potential for debris damage to the above referenced structure. A site visit to the structure located in Lot 10, Block 2 of the thirteenth filing of Vail Village, in Vail, Colorado was performed on October 10, 1996. The structure itself appeared well four.ded with no apparent signs of foundation movement or slope instability. A moderate slope immediately to the north of the structure rose for a distatice - , of approximately 200 feet through a dense stand of aspen trees. Beyond the aspens the slope steepened considerably and the vegetation became mostly sagebrush. The slope lessened in pitch several hundred feet higher and again was forested with a large aspen grove. No signs of slope instability or debris movement were noted, and the maturity oi the aspen groves indicate slope stability for the past decade or two. The Arthur Mears 1984 Debris Flow and Debris Avalanche Hazard Maps prepared for the Town of Vail indicate the structure is located in a moderate debris flow hazard zone. The Charles S. Robinson 1975 Geologic Hazard Maps also indicate the structure is located on zhe edge of an area of "possible recurrent flooding, debris flows and hydrocompaction". The hazard is due to runoff from the slopes above. A large berm and ditch were constructed by the owner in 1984 to the north and east of the structure upon recommendation of Town of Vail officials. This berm/ditch follows the natural drainage path from the slopes above (north of) the structure and channels seasonal flows to a drain at Bald Mt. Road to the east of the structure. It is our opin~On that the risk due to floorling or debris flows is greatly reduced by the creation of the ber.n/ditch structure, and that'-tYie -berm/ditch does not adversely af'Lect or increase any type of hazard to other _properties. Like many subdivisions in this area, loosening of the soils in the slopes above could result in mud or rock slides during particularly heavy moisture years, but the slope behind the structure showed no indications of such slope failure, and may in fact be less,00• le rs to such failure due to its southern exposure, and apparent~.-H,fah ~ content. It is our opinion that this structure does not ,'ave, ,:ti '~n'•''W significantly higher risk of debris damage than most in,fih~~ Sincerely,~~ ~ (evi Craig B. Frithsen for Engineeririg Designworks, Inc. ` Memorandum To: Town Council From: Andy Knudtsen, Senior Housing Policy Planner Subject: Status of Housing Efforts Date: December 2, 1997 The purpose of this memo is to update the Council on the actions staff is pursuing to create locals housing. 1. Status of Public Works Seasonal Housing Construction The construction project has progressed steadily and is currently 58% complete. The contractor was able to virtually enclose the development prior to snowfall. Some changes to the project have been required during construction, but have been accommodated by the contingency budget and have not set the project behind schedule. The contractor anticipates completion for Temporary Certificates of Occupancy by approximately late May, 1998. H. Scheduled Council Tour of Sites As requested during the November 4, 1997 discussion on the Locals Housing Strategic Plan, staff is organizing a tour of vacant land for December 16, 1997. The purpose of the bus tour is to take a comprehensive look at the sites within the Town which have potential for locals housing - development. The tour is intended to be an information gathering exercise for-Council and- - community members. Written responses about the sites will be used to determine which ones • "rise to the surface" and interest the Council for future local's housing development. Discussion about the sites will be held at a later date, with decisions to move forward following those discussions. Staff will provide a map and matrix to enable bus tour participants to easily comment about the suitability of various parcels for development. The list of sites includes most undeveloped sites in the Town of Vail, per an inventory recently completed, including some parcels that may not be ideal for housing. The effort to be inclusive reflects the comprehensive nature of the tour and is intended to give Council a sense of the full range of opportunities available. 1 Community input is important in this decision-making process and all interested individuals are encouraged to attend the bus tour. Anticipating public concern about the use of vacant parcels for housing development rather than open space preservation, staffwill include information from the 1994 Open Lands Plan to show how that plan designated parcels. Most parcels on the tour have not been designated in the open lands plan. M. Proposed 1998 Projects A. Red Sandstone Creek On October 30, 1997, the Eagle River Water and Sanitation District (the District) voted to transfer the development of the Red Sandstone employee housing site to the Town. The District's commitment to the project has not diminished and the District Board members continue to support it. The reason for the transfer is because the current design is too expensive. The Town will hire a new development team to redesign the project and will stipulate a more affordable program for the site. Many technical components of the former design will be transferable to the new effort, such as the civil engineering drawings, the wetland mitigation approvals, the traffic studies, etc. Under the former plan, the sizes of the units and the projected cost of the construction resulted in units exceeding what most would define as affordable. With the exception of the design, the structure of the proposal remains the same. The target market has not changed as the development continues to be "for-sale." The previous density was approved at 17 units. This may increase by one, but will not change significantly. The District will continue to contribute two-thirds of the land to the development, at no cost, and the Town will contribute one-third. The Town will be responsible for the second set of arehitectural services and will pay for that from the budget allocated for 1998 housing expenses. For the additional expense, the Town will be getting another unit for one of the TOV employees. The next steps involve: • 1- Execute a new contract with the District, to modify the previous arrangement slightly. L 2- Define the program for the site, identifying projected sales prices which match employees' ability to cover housing costs. 3- Issue a Request for Proposals. - 4- Select a development team, based on the response from the RFP. 5- Secure approvals from the Town Couricil for a Special Development - District Amendment and the DRB for Design Review. 6- Start Construction. 2 B. A-Frame Demolition/Rebuild It may be possible to pair the redevelopment of the A-Frame located at 2657 Arosa Drive with the Red Sandstone Creek development to achieve some economies of scale. This would entail using the team hired for Red Sandstone Creek to provide all the needed services for the development of the A-Frame site, including the architect, contractor, financing package (if needed), sales staff, lottery, etc. We believe that notwithstanding the small size of this site, combining the two projects creates an economy of scale that will increase efficiency, save time, and lower the cost to the eventual home-owners. Potential development could include a duplex and an Employee Housing Unit. C. Potential Third Project in 1988 At this time, a possible third project for 1998 is not clearly identifiable. Once the design approval process has been completed for the two sites discussed above, the Town will be in a better position to consider a third. Additionally, the information generated on the bus tour and consolidated in the strategic plan could play a critical role in determining the direction. IV. Housing Strategic Pfan Staff is planning to return to Council in mid-January with the other sections of the Strategic Plan, At the Novemher 4th work session, Council reviewed the first half of the plan. Based on the input from the tour of the town, staffwill provide sections listing the priority of resources and criteria to serve as the framework for :future decision making. 3 MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, NOVEMBER 4, 1997 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 4, 1997, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building. The meeting was called to order at approximately 7:30 P.M. . MEMBERS PRESENT: Bob Armour, Mayor Sybill Navas, Mayor Pro-Tem Rob Ford Michael Jewett Paul Johnston Kevin Foley Ludwig Kurz TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was the consent agenda approving the Minutes from the October 7 and 21, 1997 meetings. Councilmember Paul Johnston made a motion to approve the minutes of the October 7 and 21, 1997 meetings, Mayor Pro-tem Sybill Navas seconded the motion. A vote was taken, there was unanimous approval, 7-0. The third item on the agenda was the first reading of Ordinance No. 21, Series of 1997, an ordinance requesting a major amendment to SDD #4 (Cascade Village), to allow modifications to allowable GRFA and building height limitations. Dominic Maurietlo, Community Development staff member, explained the Planning and Environmental Commission, at its October 27, 1997 meeting, recommended approval (unanimously) of the proposed amendments to SDD #4 (Cascade Village, Development Area C). He described in further detail the ordinance request and the October 27, 1997 PEC memo. Ordinance 21, Series of 1997, amends Ordinance No. 8, Series of 1995, which regulates development in SDD #4 (Cascade Village). Area C(Glen Lyon residential lots) is being amended as it relates only to Lots 39-1 and 39-2, Glen Lyon Subdivision. The proposed text changes are highlighted in the ordinance. Councilmember Mike Jewett has a concern with this ordinance. There were seven questions raised at the worksession earlier and the Town Council directed staff to research these questions. Although staff did provide much of the requested information, the Town Council hasn't had time to review the additional information to make an educated decision on this - ordinance. Councilmember Mike Jewett made a motion to table this ordinance to allow time for staff to provide additional research and so the Town Council will have time to review that information. Councilmember Paul Johnston seconded the motion. There was further discussion regarding this ordinance and the information needed to clarify the issues involved. Bob Armour stated the staff should proceed with their presentation of the request. Dominic Mauriello explained the original ordinance which established this Special Development District. The staff also looked at other single family lots in the Town of Vail for comparison purposes as was directed by Councilmember Sybill Navas at the work session. Councilmember Sybill Navas asked for clarification of the GRFA formula. Mike Mollica, Assistant Director of Community Development, explained the formula in further detail. There was further discussion of GRFA. Jim Lamont, representing the East Village Homeowner's Association, stated these areas may not have been subdivided at the time the SDD was approved. To make an appropriate . ~ Ah decision, there needs to be more information regarding the decision making process from 1976 on and to track the decisions that were made for this area. Bob Armour asked if there was any further discussion on the motion. A vote was taken, the motion to table this ordinance passed with a vote of 5-2, with Councilmember Sybill Navas and Mayor Bob Armour opposed. Tliere was further discussion regarding the intent behind the original SDD. Tom Moorhead stated that Council members should not rely on or make significant decisions . based on persons memories of past history, but should rely on written documentation. The fourth item on the agenda was the revisions to the 1998 Budget Ordinance. Bob McLaurin stated the Town Council has reviewed this ordinance on first reading and the only significant change is an additional $65,000 for Art in Public Places and special events in 1998. Steve Thompson stated he has spoken to Frank Johnson, Vail Valley Tourism and Convention Bureau, and they have agreed the funds will not be disbursed until the actual time the events come up. Bob Armour asked Steve Thompson to clarify the transfer of funds. Steve Thompson explained in further detail how the transfer of funds works. Technically, the Town of Vail has a$28 million dollar budget. Councilmember Sybill Navas made a motion to approve this ordinance, it was seconded by Councilmember Rob Ford. There was further discussion. Mayor, Bob Armour reiterated the real estate transfer tax shoulcl be reviewed and would like to see money be used for a park in West Vail and to use funds for a park near Vail Commons. Bob stated this is a priority of his and for residents in West Vail. Bob McLaurin stated the new council will make the decisions for the funds at their next retreat to prioritize their goals. A vote was taken, there was unanimous approval, 7-0. The fifth item on the agenda was the Town Manager Report. There were no further questions regarding the Town Managers report. Bob Armour stated the fund raiser for Holly McCutcheon was a success and the community came together in strong support for Holly and should be proud of its accomplishments. The fundraisers for Holly McCutcheon and Shane Hansen prove we have a strong community. Bob also stated Holly had a message for everyone, she loves all of us and is proud to be part of this community. And when she is able, she will be willing to offer her help to others that need it. As there was no further business, Councilmember Rob Ford made a motion to adjourn, Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously. The meeting adjourned at 8:10 p.m. Respectfully submitted, • Robert E. Ford Mayor ATTEST: Lorelei Donaldson Town Clerk F:\TWNCLERK\WPFILES\COUNCILWIINUTES.97\11-04-97.DFT ji . MINUTES VAIL TOWN COUNCIL MEETING November 18, 1997 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 18, 1997, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Robert W. Armour, Mayor Sybill Navas, Mayor Pro-Tem Paul Johnston Rob Ford Mike Jewett Ludwig Kurz TOWN OFFICIALS PRESENT: Robert W. McLaurin, Town Manager Pamela A. Brandmeyer, Assistant Town Manager MEMBERS ABSENT: Kevin Foley TOWN OFFICIALS ABSENT: R. Thomas Moorhead, Town Attorney The first item on the agenda was Citizen Participation. Kathy Douglas was the first individual to speak to Council. She is a resident on West Meadow Drive and requested the addition and or replacement of stop signs, speed signs and no outlet signs along the road. The second speaker was Mike Cervantes, who is an employee at Garton's Saloon. He said he was reaffirming a question presented to the Council about a month ago by Jo Chapman requesting a later night bus leaving from the parking structure to West Vail to depart later than the 2:10 a.m. current time frame. He is requesting the final service to West Vail leave no earlier than 2:30 or 2:45. This would accommodate both late night employees as well as guests. Bob McLaurin indicated that this was an increased level of service and was still being investigated by the Town staff. The third speaker under Citizen Participation was Emily Kloser, representing the following neighborhood: Garmish, Arosa, Cortina & Davos, requesting a bus shelter be built at the corner of Arosa and Chamonix Lane to accommodate increased bus service for this good size neighborhood. A petition also was presented at this time. The Mayor accepted the petition and the Town Manager indicated staff would do a review on this request as well. The second item on the agenda was the Town Manager's report. Prior to adjournment, Bob Armour and the rest of the Council thanked Paul Johnston for his 11 years of service, noting he would be truly missed. The Mayor and Council wished Paul and his wife Sally the best in the future. Sybill Navas asked why we were tearing up the pavement in the Old Town Shop's parking lot. Bob McLaurin stated he would look into this. There being no further business, the meeting was adjourned at approximately 7:45 P.M. Respectfully submitted, Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk I Minutes taken by Pameta A. Brandmeyer on behalf of the Town Clerk. (`Names of ceRain individuals who gave pu6lic input may be inaccurate.) 1 Vaii 7'own Council Evening Meeting Minutes 8/5/97 RESOLUTION N0. 17 Series of 1997 A RESOLUTION DESIGNATING AN ADDITIONAL SIGNER ELIZABETH PINSON AND REMOVING SIGNER KELLY MACRAE ON AN IMPREST CHECKING ACCOUNT FOR LIBRARY DEPOSIT TRANSACTIONS FOR ' THE TOWN OF VAIL, PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. wHEREA5, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate Elizabeth Pinson as a signer on this account. . WHEREAS, the Town wishes to remove Kelly Macrae as a signer on this account. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of vail, Colorado, as follows: 1. Elizabeth Pinson is designated as a signer for the existing imprest library checking account for the funds of the Town of Vail. 2. Kelly Macrae is hereby removed as a signer for the existing imprest library checking account for the funds of the Town of Vail. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of December 1997. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk 1 1 ~ • C MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 1997 RE: A request for an amendment to Section 18.54.050(J) (Design Guidelines - Outdoor Lighting) of the Zoning Code to exempt light sources which are no more than 18 inches above grade and are either fully cutoff or have a maximum initial lumen output of 250, from the total allowable number of exterior light sources permitted on a property. Applicant: Roy and Paula May, represented by Fritzlen, Pierce, Briner Planner: Lauren Waterton 1. DESCRIPTION OF THE REOUEST The applicant is requesting an amendment to the Zoning Code to allow additional exterior light sources beyond the total allowable number of exterior light sources permitted on a property. The additional light sources are proposed to be no more than 18 inches above grade and are either fully cutoff or have a maximum lumen output of 250 (the equivalent of a 25 watt bulb). The proposed code revision would amend Section 18.54.050(J)2b (Design Guidelines - Outdoor Lighting - Frequency). The existing text is shown for reference, the proposed additional text is shown in italics. b. Frequency. For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area. The location of said lights shalf be left open to the discretion of the property owner, so long as the lights are in compliance with the Town of Vail's Municipal Code. Lights sources, which are placed no more than 18" above finished grade, and are either fully cutoff, as defined by Section 18.04.137, or have a maximum initial lumen output of 250 (equvilent to a 25 watt bulb), may be allowed in addition to the total number of permitted outdoor light sources. Number, location and style of such light sources is subject to Design Review. The proposed text change would allow lights such as, step lights, landscape lights and walkway lighting, in addition to the lights currently permitted. These lights are generally recessed into walls or mounted just above ground level and provide lighting for a small area. -The applicant has indicated that because the current regulations limit the total number of lights per site, there is a tendency to use one brighter light than to use smaller more focused lights. The result is a greater impact on adjacent properties from these brighter lights. The applicant has stated that the proposed change meets the intent of the lighting regulations which is to minimuze the unintended and undesirable effects of outdoor lighting. . r ! , . . II. BACKGROUND In 1993, the Design Guidelines were amended to add the outdoor lighting regulations. The current regulations for residential properties limit the maximum number of light fixtures to one light source per 1,000 square feet of lot area. For example, a 15,000 square foot lot is permitted a maximum of 15 exterior light sources. There are also resrictions on the total luminance of each fixture and the maximum height. The only light sources which are currently exempt from these regulations include Christmas tree lights, sign illumination and municipal lighting. See attached for the complete regulations for outdoor lighting. III. CONFORMITY WITH THE TOWN'S RELEVANT.PLANNING DOCUMENTS In considering the proposed amendment to the Zoning Code, staff reviewed the intent of the Design Guidelines and the purpose statement of the Outdoor Lighting. Zoning Code According to the purpose statement of the Design Review chapter, the intent of the design guidelines is to ensure that development is compatible with the existing landscape and to protect neighboring properties from negative impacts of development. The intent of the Outdoor Lighting section of the Design Review chapter is to "minimize the unintended and undesirable effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting." ' Staff believes that the proposed amendment is in accordance with both the purpose statements of the Design Review chapter and of the Outdoor Lighting section of the Design Review chapter. The ability to add additional low level lighting may reduce impacts on adjacent properties. Property owners would have the ability to use these low level lights which have limited impacts on adjacent properties, while improving safety, particularly around steps and walkways. Staff believes that this proposed amendment will not negatively impact adjacent properties and can improve the overall aesthetics of outdoor lighting. IV. STAFF RECOMMENDATION Staff recommends approval of the proposed amendments to the Zoning Code, subject to the following finding:__ That the proposed amendment is in accordance with the purpose statements of the Design Review Chapter of the Vail Municipal Code and is in accordance with the intent of the Outdoor Lighting regulations of the Design Guidelines. 2 . ZONING 18.04.137 Full cutoff. "Full cutoff" means a light source in which no more than two and five-tenths percent (2.5%) of its total output is emitted above ninety degrees (90°) as measured from nadir as shown in the example below: ~ • • . . . . ~ • • _ , . . . , . . • . • . . • . • r I ~ ?i r • • . • ' I • ' ' . , . ' f• . . • . . . ~ . . ~ . (Ord. 9(1993) § 1.) 18.04.140 Grade, existing. The existing grade shall be the existing or natural--topog- - raphy of a site prior to construction. (Ord. 37(1980) § 1.) 18.04.150 Grade, finished. The finished grade shall be the grade proposed upon completion of a project. (Ord. 37(1980) § l.) (Vail 4-95) 308 , r DESIGN REVIEW development. In addition, the design review board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. J. Outdoor li htin . . urpose. This subsection of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of lighting which is needed for the property on which the light sources are located. In addition, the purpose of this section is to protect the legitimate privacy of neighboring residents by controlling the intensity of the light source. 2. Approval required. All outdoor lighting within the town • limits shall conform to the standards set forth below. For the purposes of this subsection, residentially zoned properties shall be defined as those in hillside residential, single family, two-family, primary/secondary, residential cluster, low density multi-family and medium density multi-family zone district, as well as all special development districts which have any of the above- referenced zone districts as the underlying zoning. All other zone districts shall be considered, for the purposes of this section, as being commercial zoned. a. Luminance. Light sources located on all property in the - Town of Vail which are not fully cutoff shall exhibit a ratio of source lumens to luminous area not exceeding 125. For example: source lumens 125. luminous area b. Frequency. For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area. The location of said lights shall be left open 454j-2a (Vail I1-16-93) ZONING to the discretion of the property owner, so long as the lights are in compliance with the Town of Vail's Municipal Code. c. Height Limits for light fixtures. (1) For all light sources located in commercial zone districts, the maximum mounting height for light sources on a pole shall not exceed thirty-five feet. The maximum mounting height for light sources affixed to vegetation shall not exceed eight feet. (2) For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet. d. Light sources affixed to structures. For all properties within the Town of Vail, light sources may be affixed to any wall of a structure. Light sources shall not be affixed to the top of a roof of a structure. e. Cutoff shields. All light sources located in commercial zone districts which exceed fifteen feet in height shall exhibit a full cutoff shield. f. Lights which flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 3. Exemptions. The standards of this section shall not apply to: a. Christmas tree lights which are of a temporary nature located in residential zone districts, as listed in Section 18.54.050 J, 2, and which are illuminated only between November 1-and Apri1-1-5 ofeach year: - - - - - b. Christmas tree lights which are temporary in nature and are located in zone districts other than those residential districts listed in Section 18.54.050 J, 2. c. Sign illumination, as set forth in Title 16. d. Municipal lighting installed for the benefit of public health, safety and welfare. 4. Nonconformances. As of the effective date of this sub- section, all outdoor lighting that does not conform to every - requirement of this subsection shall be legal nonconforming 454j-2b (Vail I 1-16-93) ~ DESIGN REVIEW outdoor lighting. Legal nonconforming outdoor lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconforming outdoor lighting, without the outdoor lighting conforming to all applicable requirements of this chapter. 5. Penalty. The penalty for violating this chapter shall be a fine of not less than fifty dollars nor more than one thousand dollars per violation. Each day of violation shall constitute a separate offense for the purpose of calculating the penalty. (Ord. 9(1993) § 8: Ord. 46(1991) 2, 3: Ord. 12(1988) § 2: Ord. 24(1985) § 1: Ord. 9(1985) 2, 3: Ord. 39(1983) § 1.) 18.54.051 Park design guidelines. A. Purpose. These guidelines shall be used by the design review board in reviewing any proposals for the development of Town ' of Vail park land. The guidelines shall be used in conjunction . with the general design review guidelines found in Section 18.54.050 of the Town of Vail Municipal Code. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many years. The guidelines will provide consistent design criteria to maintain the quality of Town of Vail parks through all phases of development. B. Building materials and design. 1. General. a. Natural materials are strongly encouraged in park construction. Materials and detailing must complement the park's environment as well as be functional and attractive. b. Materials and designs should be chosen that are economical to maintain. 454j-2c (Vail 11-16-93) , , 3 October 1997 FITZLEN • P . Town of Vail i R ' Community Development Planning & Environmental Committee Re; TOV Outdoor Lighting Ordinance Amendment A R C H I T E C T S The purpose of this submittal is to review the existing TOV Lighting Ordinance and it's possible alteration. I would like to review three things; it's stated intent, i.e. why it was created; the existing Ordinance in terms of it's specific requirements; and difficulties that are arising with it. With this in mind, I would then like to review potential amendment(s) to the Ordinance. As stated in the Ordinance, it's intent is "...to minimize the unintended crnd undesirahle side effect of outdoor lighting, while encouraging the intended and desirable safety and aesthelic purposes of outdoor lighting..." and "...to protect the legitimate privacy of neighboring re.5'IClL'Ylls...". This concept is still valid and correct. However many of the specific requirements generated to implement this concept are no longer valid. The Ordinance, as it is currently written, uses the area of a given site to determine the quantity of "light sources" allowed for that site ( a light source being defined as "a single artiticial point source of luminescence...". One light source is permitted for each one thousand square feet of site area. Other definitions noted in the Ordinance include; Luminous Area - the maximum light emitting from a single source (the physical area of source measured in square inches). Source Lumens - total initial lamp lumens of the light source. Height Limits - maximum mounting height for residential applications is eight feet (8'). Luminance - a ratio of source lumens to luminous area. Exemptions - current residential exemptions include Christmas tree lights, and [address] sign illumination. These requirements were based on the lighting technology and desired aesthetic effects available at the time the Ordinance was written. These requirements no longer fully accomplish the goals for which they were intended. With the existing codes, it is possible to meet all requirements, yet still create undesirable side effects. New technology which uses both smaller light sources and lower luminous output are discouraged with the existing wording of the code due to the quantity restriction. The current Ordinance provides no means for the Town or Design Review Board to make any subjective exceptions to accommodate new technology and design concepts. L:\9515\D0C\LITEAMEN. W PD Planning • Archit.ecture • Interiors 1650 East Vail Valley Drive Fallridge C-1 • Vail, CO 81657 • fpb@colorado.net • fax (970) 476-4901 •(970) 476-6342 10/23/97 11:17 FA% 9704764901 FRIT"LLEN PIERCE ° Q00'3 ' Below are two proposed exemptions to the existing Lighting Ordinance, which allow the Town and Design Review Board the opporhinity to address dcsign proposals on an individual basis. These exemptions do not alter or undernune the existing Ordinance in any way, but provide a means for that Ordinance to mect its intended goals; "...to minimize the unintended and undesirable side e,ect of outdoor lighting, while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting..." and "...to protect the legitimate privacy of neighboring residents...". PROPOSED EXEMPTION Additional Lighting Light sources requested beyond those allowed by Section 18.54.050(C) 11, Item b. Frequency shall meet the following; Light Sources, which are placed no more than 18" above finished grade, meeting existing Sections 18.04.137 Full-Cutoff or 18.54.050 Luminace, may be granted, for safety and/or , aesthetic purposes, at the discretion of the Directory of Community Development. L:~95 ~ 5~noc~Lrrwnn~NZ. w ru Planning a Architecture • Interiors 1650 East Vaii Valley Drive Fallridge G1 • Vail, CO 81657 o ipb Qcolorodo.net • fax (970) 476-4901 •(970) 476-6342 MEMORANDUM To: Planning Division From: George Ruther, Town Planner Date: September 23, 1997 Rc: Exterioe Lighting Discussion with the Design Review Board On Wednesday, September 17, 1997, the Dcsign Review Board discussed the Town's exterior lighting ordinance. The discussion was in response to a request of a local architectural firm to use new technologies in outdoor lighting such as fiber optics. The following is a summary of the DRB's comments on the issue: • The current ordinance that regulates lighting based on lot size does not necessarily address the problems associated with outdoor lighting. • The idea of allowing low-level ground lighting seems reasonable. • Amcnd the ordinancc to regulatc a maximum luminous output for a site and but less emphasis on thc numbcrs of lights. • Do not further complicate thc existing ordinance if we make changes. 0 Create cxemptions for certain types (exit lights, step lights, etc.) or levels (less than "X" luminous output, fully cut-off, etc) of lighting when it comes to quantity. • Continue to ensure no ncgative impacts on adjoining propcrties. • Establish development standards (orientation, height, location, etc.) for outdoor lighting and relax the current regulations. • The Town should amend regulations to keep pace with new technologies. • Consider a foot candle measurement for the development as a whole. - - Again, the above thoughts are the result of the DRB discussion on the outdoor lighting issue. I would suggest that we discuss the issue at greater length and possibly make changes to the existing ordinance. In my opinion, however, this is not necessarily a top priority given the current staffing situation. 5. A request for an amendment to Section 18.54.050 J(Design Guidelines - outdoor lighting), to allow for the exemption of low wattage lighting from the outdoor lighting regulations. Applicant: Roy & Paula May, represented by Dale Smith/ Fritzlen,Pierce, Briner Planner: Lauren Waterton Dominic Mauriello gave an overview of the staff inemo and explained that this was to allow low level lighting to make a property safer, after the DRB final review. He then explained the new language. , Greg Moffet asked if the applicant had anything to add. John Schofield thought the 25 watt output was on the low side and he thought it should be in the 40 watt range. He said stairs typically have wattage in the 40-60 watt range. Gene Uselton said this was a sensible proposal. Greg Amsden said he was in favor of this, as it was a safety issue. Ann Bishop had no comments. Diane Golden agreed with the safety issue. Greg Moffet said he agreed with the safetjr issue. ---John Schofield made a motion for approval with a change in the language to include a maximum initial lumen output of 400 (or equivalent to a 40 watt bulb). Gene Uselton seconded the motion. The motion passed by a vote of 6-0. . Planning and Environmental Commission Minutes October 27, 1997 6 ORDINANCE NO. 22 Series of 1997 AN ORDlNANCE AMENDlNG SECTIONS 18.54.050 (J) 9-5 and 18.28.040 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO EXEMPT OUTDOOR LIGHTING WHICH IS EIGHTEEN INCHES OR LESS ABOVE GRADE AND IS EITHER A FULL CUTOFF FIXTURE OR HAS MAXIMUM SOURCE LUMENS OF 400 (EQUIVALENT TO A FORTY WATT BULB) FROM THE TOTAL NUMBER OF LIGHTS PERMITTED PER RESIDENTIAL LOT, AND TO PERMIT ACCESSORY USES TO BE CONDUCTED OUTSIDE IN THE COMMERCIAL SERVICE CENTER (CSC) ZONE DISTRICT, SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT, PURSUANT TO CHAPTER 18.60 OF THE MUNICIPAL CODE OF THE TOWN OF VAfL. WHEREAS, Section 18.54.050 (J) 1-5 of the Municipal Code of the Town of Vail contains i : the regulations for outdoor lighting in the Town of Vail; and WHEREAS, Section 18.28.040 of the Municipal Code of the Town of Vail contains the conditional uses permitted in the Commercial Service Center (CSC) Zone District; and ' WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a ~ public hearing and recommended approval (unanimously) of this amendment to the Municipal Code at their October 27, 1997 meeting; and li i WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to amend said Sections of the Municipal Code. ~ ~ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ~ (Note: Text which is bold is being added.) ~ Section 1. Chapter 18.54, Section 18.54.050 (J) 1-5 of the Municipal Code of the Town of Vail is hereby amended as follows: J. Outdoor lighting. 1. Purpose. This subsection of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesfhefic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of lighting which is needed for the property on which the light sources are located. In addition, the purpose of this section is to protect the legifimate privacy of neighboring residents by controlling the intensity of the light source. 2. Approval required. All outdoor lighting within the Town limits shall conform to the standards set forth below. For the purposes of this subsection, residentially zoned properties shall be defined as those in Hillside Residential, Single Family, Two-Family, Primary/Secondary, Residential Cluster, Low Density Multi-Family 1 i . and Medium Density Multi-family Zone District, as weA as all Special Devefopment Districts which have any of the above-referenced zone districts as the underlying ; zoning. All other zone districts shall be considered, for the purposes of this section, as being commercial-zoned. a. Luminance. Light sources located on all property in the Town of Vai1 which are not fully cutoff shall exhibit a ratio of source lumens to luminous , area not exceeding 125. For example: 'source lumens < 125. luminous area b. Frequency. For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area, except as provided for below. The location of , said lights sha{I be left open to the discretion of the property owner, so ~ ~ long as the lights are in compliance with the Town of Vail's Municipal ~ Code. Light sources which are no more than eighteen inches above ~ grade, as measured from the top of the fixture to the finish grade ~ below, and are either full-cutoff fixtures, as defined in Section I I 18.04.137, or have a maximum source lumens of 400 (equivalent to a ~ 40 watt light bulb), may be allowed in addition to the total number of i , i permitted outdoor light sources. The number, location, and style of , I such light sources are subject to Design Review. I ; ' c. Height limits for light fixtures. ~ i I (1) For all light sources located in commercial zone districts, the I ! maximum mounting height for light sources on a pole shall not ~ exceed thirty-five feet. The maximum mounting height for light sources affixed to vegetation shall not exceed eight feet. (2) For all light sources located in residential zone districts, the ~ ' maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet. d. Light sources affixed to structures. For all properties within the Town of , Vail, light sources may be affixed to any wall of a structure. Light sources shall not be affixed to the top of a roof of a structure. e. Cutoff shields. All light sources located in commercial zone districts which exceed fifteen feet in height shall exhibit a full cutoff shield. 2 f. Lights which flash, move revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 3. Exemptions. The standards of this section shall not apply to: a. Christmas tree lights which are of a temporary nature located in residential zone districts, as listed in Section 18.54.050 J, 2, and which are illuminated only between November 1 and April 15 of each year. b. Christmas tree lights which are temporary in nature and are located in zone districts other than those residential districts listed in Section 18.54.050 J, 2. c. Sign illumination; as set forth in Title 16. d. Municipal lighting installed for the benefit of public health, safety and , welfare. e. Outdoor light sources as set forth in Section 18.54.050 J, 2, which are within eighteen inches or less of finish grade and are either full cut-off fixtures or have a maximum source lumens of 400. ' 4. Nonconformances. As of the effective date of this subsection, aU outdoor lighting that does not conform to every requirement of this subsection shall be legal i nonconforming outdoor lighting. Legal nonconforming outdoor lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconforming outdoor lighting, without the outdoor lighting conforming to a all applicable requirements of this i ~ chapfer. • ~ I 5. Penalty. The penalty for violating this chapter shall be a fine of not less than ffty i dollacs nor more than one thousand dollars per violation. Each day of violation ~ shall constitute a separate offense for the purpose of calculating the penalty. , Section 2. ~ ~ Chapter 18.28, Section 18.28.040, of the Municipal Code of the Town of Vail is hereby amended as follows: ~ ~ 18.28.040 Conditional uses. ~ The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Ski lifts and tows; B. Multiple-family dwellings and Iodges; C. Public utility and public service uses; D. Public buildings, grounds and facilities; E. Public park and recreation facilities; fAeveryone\ord\97\ord22.97 3 F. Theaters, meetings rooms, and convention facilities; G. Commercial laundry and cleaning services; H. Major arcade, so long as it does not have any exterior frontage on any public way, street, ; walkway, or mall area. 1. j Any use permitted by Section 18.28.030 which is not conducted entirely within a building; J. ' Dog kennel; K. Bed and breakfast as further regulated by Section 18.58.310. L. ; Brew pubs as defined herein, subject to the following conditions: ! ,I ~ 1. There is no exterior storage of supplies, refuse, or materials on the property upon i which the brew pub is operated; and I' 2. The operator of the brew pub shall comply with the Town's loading and delivery I regulations as set forth herein; and ; 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- II , site consumption do not exceed forty-five percent (45°/a) of the product i j manufactured by the brew pub on an annual basis. M. Type III EHU as defined in section 18.57.060; ' N. ' Type IV EHU as defined in Section 18.57.070; 0. The outdoor operation of the accessory uses as set forth in Section 18.28.050. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one ` or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and praper for the health, safety and weffare of the Town of Vaif and the inhabitants thereof. Section 5. The amendment of any provision of the Vaif Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the efifective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expr i ssly stated herein. I E\even'on6ord07\ord22.97 4 Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 2nd day of December, 1997. A public hearing on this ordinance shall be hel;d at i the regular meeting of the Town Council of the Town of Vail, Colorado, on the 16th day of ~ December, 1997, in the Municipa! Building of the Town. I i I Robert W. Armour, Mayor ~ i ATrEST: ~ i 'i ' Lorelei Donaldson, Town Clerk I i I i f:\everyone\ord\97\ord22.97 5 t ORDINANCE NO. 23 SERIES OF 1997 SECOND AMENDMENT TO THE TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN WHEREAS, the Town of Vail adopted, effective January 1, 1983, a qualified money purchase pension plan known as the Town of Vail Police and Fire Employees' Pension Plan (the "Plan"), for the purpose of providing retirement benefits for its police and fire employees; and WHEREAS, the Town of Vail has amended from time to time the Plan, and restated the Plan to incorporate all prior amendments and other changes required by law effective January l, 1994; and WHEREAS, the Town of Vail adopted the First Amendment to the Plan effective January 16, 1996; and WHEREAS, the Town of Vail desires to further amend the Plan. NOW THEREFORE, in consideration of the premises, the Plan is hereby amended as follows: 1. Section 2.12, "Highlv Compensated Emplovee", shall be deleted, effective January 1, 1997, in its entirety and each subsection thereafter shall be renumbered. 2. Section 4.7, "Contribution Percentage Test for Matchiniz and Emnlovee Contributions", shall be restated, effective January 1, 1997, as follows: Section 4.7 Disposition of Excess Ag,~regate Contributions. (1) Excess Ag reizate Contributions. Matching contributions and employee contributions in excess of the limitations of this Section are Excess Aggregate Contributions. (2) Disposition of Excess Aggregate Contributions. (a) General. Notwithstanding any other provision of this Plan, Excess Aggregate Contributions, plus any income and minus any loss allocable thereto, shall be forfeited, if forfeitable, or if not forfeitable, distributed no later than the last day of each Plan Year to Participants to whose accounts such Excess Aggregate Contributions were allocated for the preceding Plan Year. If such Excess Aggregate Contributions are distributed more than 2-1/2 months after the last day of 1 Ordinance No. 23, Series af 1997 r the Plan Year in which such excess amounts arose, a 10% excise tax will be imposed on the employer maintaining the Plan with respect to those amounts. Excess Aggregate Contributions shall be treated as annual additions under the Plan. (b) Determination of Income or Loss. Excess Aggregate Contributions shall be adjusted for any income or loss up to the date of distribution. . The income or loss allocable to Excess Aggregate Contributions is the sum of: (i) income or loss allocable to the Participant's Employee Contribution Account, Matching Contribution Account, if applicable, Qualified Non-Elective Contribution Account for the Plan Year multiplied by a fraction, the numerator of which is such Participant's Excess Aggregate Contributions for the year and the denominator of which is the Participant's account balance(s) attributable to Contribution Percentage Amounts without regard to any income or loss occurring during such Plan Year; and (ii) 10% of the amount determined under (i) multiplied by the number of whole calendar months between the end of the Plan Year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. (c) Forfeitures of Excess Ag~regate Contributions. Forfeitures of Excess Aggregate Contributions shall be applied to reduce Employer contributions. (d) Accountiniz for Excess Aggregate Contributions. Excess Aggregate Contributions shall be forfeited, if forfeitable or distributed on a pro-rata basis from the Participant's Employee Contribution Account, Matching Contribution Account, and Qualified Matching Contribution Account (and, if applicable, the Participant's Qualified Non-Elective Contribution Account). 3. Section 5.3, "Participant Accounts", shall be restated, effective January 1, 1997, as follows: Section 5.3 Participant Accounts. The following accounts shall be maintained for the Participants in the Plan: (a) Employer Contributions Account. The account maintained for a Participant to record his share of the contributions of the Employer, and all amounts 2 Ordinance No. 23, Series of 1997 ' 0 transferred (if any) from the Participant's account in the Town of Vail Pension Plan, and adjustments relating thereto. (b) Participant Contributions Account. The account maintained for a ' Participant to record his current interest in the Trust Fund resulting from all contributions made by the Participant and adjustments relating thereto. (c) Participant Rollover Account. The account established to hold and account for the contributions rolled over from another qualified plan. The term "Aggregate Account" means the value of all accounts maintained on behalf of a Participant. The maintenance of individual accounts is only for accounting purposes, and a segregation of the assets of the Trust Fund to each account shall not be required. 4. A new Section 5.5, Participant Direction of Investment, will be added, effective January l, 1997, and the remaining Sections of Article V shall be renuxnbered accordingly: Section 5.5 Participant Direction of Investment. The Plan Administratar may establish rules, regulations and policies to permit each Full-Time Regular Employee who is a Participant to direct the investment of funds allocated to that Participant's Aggregate Accounts. The Plan Administrator shall select and make available several investment vehicles which Participants may elect to invest the funds allocated to their Aggregate Accounts. The Aggregate Accounts of Participants who are not Full-Time Regular Employees shall not be eligible for Participant direction of investment. A Participant who is not a Full-Time Regular Employee, then becomes a Full-Time Regular Employee (as defined in Section 2.11) shall become immediately eligible to transfer his Aggregate Account into any investment vehicle allowed to a Full-Time Regular Employee. The Plan Administrator shall adopt and establish rules, regulations and policies concerning Participant direction of investment, options available, election forms, limitations on the type or mix of investment vehicles and procedures for Participants to cliange their investments. 5. Section 7.3, Time of Distribution, subsection (c), Distribution Upon Other Termination of Emplo, ment, shall be restated, effective January l, 1997, as follows: 3 Ordinance No. 23, Series of 1997 s r (c) Distribution Upon Other Termination of Emplovment If a Participant terminates his or her employment for any reason other than retirement, disability or death, and the Participant's interest, pursuant to Section 5.5, is less than $3,500, such interest shall be distributed eommencing no later than the last day of the Plan Year after the Participant incurs a . Break in Service, subject to spousal consent requirements. 6. Section 7.9, Spendthrift Provisions, shall be restated, effective January 1, 1997, as follows: Section 7.9 Spendthrift Provisions. (a) Nonalienation of Benefits. Except as otherwise provided hereunder, all amounts payable hereunder by the Retirement Board shall be paid only to the person or persons entitled thereto, and all such payments shall be paid directly into the hands of such person or persons and not into the hands of any other person or corporation whatsoever except for transfers to other qualified retirement plans or individual retirement accounts at the written direction of a Participant, and such payments shall not be liable for the debts, contracts or engagements of any such person or persons, or taken in execution by attachment or garnishment or by any other legal or equitable proceedings; nor shall any such person or persons have any right to alienate, anticipate, commute, pledge, encumber or assign any such payments or the benefits, proceeds or avails thereof; provided that nothing herein shall affect, restrict or abridge any right of setoff, lien or security interest which the Trust may have in the Participant's interest as a result of its use as security for a Participant loan to such Participant. (b) Oualified Domestic Relations Order. Paragraph (a) of this Section shall not apply to the Trustees compliance with a Qualified Domestic Relations Order ("QDRO"). A QDRO is a judgment, decree or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law (including community properiy law) that relates to the provision of child support, alimony 4 Ordinance No. 23, Series of 1997 ~ payments or marital property rights to a spouse, former spouse, child or other dependent of a Participant ("Alternate Payee") and which: (i) creates or recognizes the existence of an Alternate Payee's right to, or assigns to an Alternate Payee the right to, receive all or a portion of the benefits payable to a Participant under this Plan; (ii) specifies (1) the name and last known mailing address of the Participant and each Alternate Payee covered by the order; (2) the amount or percentage of the Participant's Plan benefits to be paid to any Alternate Payee; or the manner in which such amount or percentage is to be determined; and (3) the number of payments or the period to which the order applies and each plan to which the order relates; and (iii) does not require the Plan to: (1) provide any type or form of benefit or any option not otherwise provided under the Plan; (2) pay any benefits to any Alternate Payee prior to the earlier of the affected Participant's termination of employment or the earlier of either: (1) the earliest date benefits are payable under the Plan to a Participant; or (2) the later of the date the Participant attains age 50, or the earliest date on which the Participant could obtain a distribution form the Plan if the Participant separated form service; (3) provide increased benefit; or (4) pay benefits to an Alternate Payee that are required to be paid to another Alternate Payee under a prior QDRO. For purposes of this Plan, an Alternate Payee who had been married to the Participant for at least one year may be treated as an Eligible Spouse with respect to the portion of the Participant's benefit in which such Alternate Payee has an interest provided that the QDRO provides for such treatment. In addition, if the QDRO so provides, this Plan, shall have the right to make an immediate distribution of the 5 Ordinance No. 23, Series of 1997 ~ r Alternate Payee's benefit, notwithstanding the fact that the Participant may not be eligible for immediate payment. However, under no circumstances, may the spouse of an Alternate Payee ' (who is not a Participant hereunder) be treated as an Eligible Spouse under the terms of the Plan. Upon receipt of any judgment, decree or order relating to the provision of payment by the Plan to an Alternate Payee pursuant to a state domestic relations law, the Trustees shall promptly notify the affected Participant and any Alternate Payee of the receipt of such judgment, decree or order and shall notify the affected Participant and any Alternate Payee of the Trustee's procedure for determining whether or not the judgment, decree or order is a QDRO. The Trustee's shall establish a procedure to determine the status of a judgment, decree or order as a QDRO and to administer Plan distributions in accordance with a QDRO. Such procedure shall be in writing, shall include a provision specifying the notification requirements enumerated in the proceeding paragraph, shall permit an Alternate Payee to designate a representative for receipt of communications form the Trustees and shall include such other provisions as the Trustee sha11 determine, including provisions required under regulations promulgated by the General Assembly of the State of Colorado. 7. Section 7.11, Authorization of Loans to Participants, subsection (f) Default, shall be restated, effective January 1, 1997, as follows: (f) Default. Notwithstanding any other provision of this Section, a Participant loan made pursuant to this Section is not in default if a Participant fails to make two months scheduled loan repayments, provided that by the last day of the following month such delinquency is cured. A loan shall be deemed to be in default if the Participant misses three consecutive months of scheduled loan repayments. Once the loan is in default, it shall become immediately due and payable as of the last day of the month in which it is deemed in default. The Retirement Board may take any action it considers appropriate to collect the unpaid balance and accrued interest 6 Ordinance No. 23, Series of 1997 1 ~ of the loan in default pursuant to the Participant Loan Policy. Until a loan in default is satisfied, it shall continue to bear interest at the rate provided in the note plus additional interest of two percent (2%) per annum. 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 9. 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. 10. The repeal or the repeal and reenactment of any provision of the Municipal Code ' of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virlue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 11. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of December, 1997, and a public hearing shall be held on this Ordinance on the 16th day of December, 1997, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk 7 Ordinance No. 23, Series of 1997 ~ ~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this _ day of December, 1997. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C:\ORD9723 8 Ordinance No. 23, Series of 1997 ! ORDINANCE NO. 24 SERIES OF 1997 SECOND AMENDMENT TO THE TOWN OF VAIL EMPLOYEES' PENSION PLAN WHEREAS, tlie Town of Vail adopted, effective September 20, 1983, a qualified money purchase pension plan known as the Town of Vail Employees' Pension Plan (the "Plan"), for the purpose of providing retirement benefits for certain of its employees; and WHEREAS, the Town of Vail restated the Plan effective January l, 1994; and WHEREAS, the Town of Vail adopted the First Amendment to the Plan effective March 19, 1996; and WHEREAS, the Town of Vail desires to further amend the Plan. NOW THEREFORE, in consideration of the premises, the Plan is hereby amended as follows: 1. Section 2.12, "Highly Com,pensated Emplovee", shall be deleted, effective January 1, 1997, in its entirety and each subsection thereafter shall be renumbered. 2. Section 4.7, "Gontribution Percentage Test for Matching and EmploYee Contributions", shall be restated, effective January 1, 1997, as follows: Section 4.7 Disposition of Excess A2 regate Contributions. (1) Excess Ag regate Contributions. Matching contributions and employee contributions in excess of the limitations of this Section are Excess Aggregate Contributions. (2) Disnosition of Excess Ag regate Contributions. (a) General. Notwithstanding any other provision of this Plan, Excess Aggregate Contributions, plus any income and minus any loss allocable thereto, shall be forfeited, if forfeitable, or if not forfeitable, distributed no later than the last day of each Plan Year to Participants to whose accounts such Excess Aggregate Contributions were allocated for the preceding Plan Year. If such Excess Aggregate Contributions aze distributed more than 2-1/2 months after the last day of the Plan Year in which such excess amounts arose, a 10% excise tax will be imposed 1 Ordinance No. 24, Series of 1997 1 on the employer maintaining the Plan with respect to those amounts. Excess Aggregate Contributions shall be treated as annual additions under the Plan. (b) Determination of Income or Loss. Excess Aggregate ' Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Aggregate Contributions is the sum o£ (i) income or loss allocable to the Participant's Employee Contribution Account, Matching Contribution Account, if applicable, Qualified Non-Elective Contribution Account for the Plan Year multiplied by a fraction, the numerator of which is such Participant's Excess Aggregate Contributions for the year and the denominator of which is the Participant's accou.nt balance(s) attributable to Contribution Percentage Amounts without regard to any income or loss occurring during such Plan Year; and (ii) 10% of the amount determined under (i) multiplied by the number of whole calendar months between the end of the Plan Year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. (c) Forfeitures of Excess Aggregate Contributions. Forfeitures of Excess Aggregate Contributions shall be applied to reduce Employer contributions. (d) Accounting for Excess Aggregate Contributions. Excess Aggregate Contributions shall be forfeited, if forfeitable or distributed on a pro-rata basis from the Participant's Employee Contribution Account, Matching Contribution Account, and Qualified Matching Contribution Account (and, if applicable, the Participant's Qualified Non-Elective Contribution Account). 3. Section 5.3, "Participant Accounts", shall be restated, effective January 1, 1997, as follows: Section 5.3 Participant Accounts. The following accounts shall be maintained for the Participants in the Plan: (a) Emplover Contributions Account. The account maintained for a Participant to record his share of the contributions of the Employer, and all amounts 2 Ordinance No. 24, Series of 1997 transferred (if any) from the Participant's account in the Town of Vail Pension Plan, and adjustments relating thereto. (b) Participant Contributions Account. The account maintained for a Participant to record his current interest in the Trust Fund resulting from all contributions made by the Participant and adjustments relating thereto. (c) Participant Rollover Account. The account established to hold and account for the contributions rolled over from another qualified plan. The term "Aggregate Account" means the value of all accounts maintained on behalf of a Participant. The maintenance of individual accounts is only for accounting purposes, and a segregation of the assets of the Trust Fund to each account shall not be required. 4. A new Section 5.5, Participant Direction of Investment, will be added, effective January 1, 1997, and the remaining Sections of Article V shall be renumbered accordingly: Section 5.5 Participant Direction of Investment. The Plan Administrator may establish rules, regulations and policies to permit each Full-Time Regular Employee who is a Participant to direct the investment of funds allocated to that Participant's Aggregate Accounts. The Plan Administrator shall select and make available several investment vehicles which Participants may elect to invest the funds allocated to their Aggregate Accounts. The Aggregate Accounts of Participants who are not Full-Time Regular Employees shall not be eligible for Participant direction of investment. A Participant who is not a Full-Time Regular Employee, then becomes a Full-Time Regular Employee (as defined in Section 2.8) shall become immediately eligible to transfer his Aggregate Account into any investment vehicle allowed to a Full-Time Regular Employee. The Plan Administrator shall adopt and establish rules, regulations and policies concerning Participant direction of investment, options available, election forms, limitations on the type or mix of investment vehicles and procedures for Participants to change their investments. 5. Section 7.3, Time of Distribution, subsection (c), Distribution Upon Other Termination of Emplovment, shall be restated, effective January 1, 1997, as follows: 3 Ordinance No. 24, Series of 1997 r (c) Distribution Upon Other Termination of Emplovment If a Participant terminates his or her employment for any reason other than retirement, disability or death, and the Participant's interest, pursuant to Section 5.5, is less than $3,500, such interest shall be distributed commencing no later than the last day of the Plan Year after the Participant incurs a Break in Service, subject to the consent requirements of subsection (e) of this Section. 6. Section 7.9, Snendthrift Provisions, shall be restated, effective January 1, 1997, as follows: Section 7.9 Spendthrift Provisions. (a) Nonalienation of Benefits. Except as otherwise provided hereunder, all amounts payable hereunder by the Retirement Board shall be paid only to the person or persons entitled thereto, and all such payments shall be paid directly into the hands of such person or persons and not into the hands of any other person or corporation whatsoever except for transfers to other qualified retirement plans or individual retirement accounts at the written direction of a Participant, and such payments shall not be liable for the debts, contracts or engagements of any such person or persons, or taken in execution by attachment or garnishment or by any other legal or equitable proceedings; nor shall any such person or persons have any right to alienate, anticipate, commute, pledge, encumber or assign any such payments or the benefits, proceeds or avails thereof; provided that nothing herein shall affect, restrict or abridge any right of setoff, lien or security interest which the Trust may have in the Participant's interest as a result of its use as security for a Participant loan to such Participant. (b) Qualified Domestic Relations Order. Paragraph (a) of this Section shall not apply to the Trustees compliance with a Qualified Domestic Relations Order ("QDRO"). A QDRO is a judgment, decree or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law (including community property law) that relates to the provision of child support, alimony payments or marital property rights to a spouse, former spouse, child or other dependent of a Participant ("Alternate Payee") and which: 4 Ordinance No. 24, Series of 1997 . (i) creates or recognizes the existence of an Alternate Payee's right to, or assigns to an Alternate Payee the right to, receive all or a portion of the benefits payable to a Participant under this Plan; (ii) specifies 1) the name and last known mailing address of the Participant and each Alternate Payee covered by the order; 2) the amount or percentage of the Participant's Plan benefits to be paid to any Alternate Payee; or the manner in which such amount or percentage is to be determined; and 3) the number of payments or the period to which the order applies and each plan to which the order relates; and (iii) does not require the Plan to: (1) provide any type or form of benefit or any option not otherwise provided under the Plan; (2) pay any benefits to any Alternate Payee prior to the earlier of the affected Participant's termination of employment or the earlier of either: 1) the earliest date benefits are payable under the Plan to a Participant; or 2) the later of the date the Participant attains age 50, or the earliest date on which the Participant could obtain a distribution form the Plan if the Participant separated form service; (3) provide increased benefit; or (4) pay benefits to an Alternate Payee that are required to be paid to another Alternate Payee under a prior QDRO. For purposes of this Plan, an Alternate Payee who had been married to the Participant for at least one year may be treated as an Eligible Spouse with respect to the portion of the Participant's benefit in which such Alternate Payee has an interest provided that the QDRO provides for such treatment. In addition, if the QDRO so provides, this Plan, shall have the right to make an immediate distribution of the Alternate Payee's benefit, notwithstanding the fact that the Participant may not be eligible for immediate payment. However, under no circumstances, may the spouse of an Alternate Payee (who is not a Participant hereunder) be treated as an Eligible Spouse under the terms of the Plan. Upon receipt of any judgment, decree or order relating to the provision of payment by the Plan to an Alternate Payee pursuant to a state domestic relations law, the Trustees 5 Ordinance No. 24, Series of 1997 I ~ ~ sha11 promptly notify the affected Participant and any Alternate Payee of the receipt of such judgment, decree or order and shall notify the affected Participant and any Alternate Payee of the Trustee's procedure for determining whether or not the judgment, decree or order is ' a QDRO. The Trustee's shall establish a procedure to determine the status of a judgment, decree or order as a QDRO and to administer Plan distributions in accordance with a QDRO. Such procedure shall be in writing, shall include a provision specifying the notification requirements enumerated in the proceeding paragraph, shall permit an Alternate Payee to designate a representative for receipt of communications form the Trustees and shall include such other provisions as the Trustee shall determine, including provisions required under regulations promulgated by the General Assembly of the State of Colorado. 7. Section 7.11, Authorization of Loans to Participants, subsection (fl Default, shall be restated, effective January 1, 1997, as follows: (f) Default. Notwithstanding any other provision of this Section, a Participant loan made pursuant to this Section is not in default if a Participant fails to make two months scheduled loan repayments, provided that by the last day of the following month such delinquency is cured. A loan shall be deemed to be in default if the Participant misses three consecutive months of scheduled loan repayments. Once the loan is in default, it shall become immediately due and payable as of the last day of the month in which it is deemed in default. The Retirement Board may take any action it considers appropriate to collect the unpaid balance and accrued interest of the loan in default pursuant to the Participant Loan Policy. Until a loan in default is satisfied, it shall continue to bear interest at the rate provided in the note plus additional interest of two percent (2%) per annum. 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 6 Ordinance No. 24, Series of 1997 ~ ~ 9. The Town Council hereby finds, determines, and declazes that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 10. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 11. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of December, 1997, and a public hearing shall be held on this Ordinance on the 16th day of December, 1997, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this _ day of December, 1997. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C:\ORD97.24 7 Ordinance No. 24, Series of 1997 ORDINANCE NO. 25 SERIES OF 1997 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, HEAVY EQUIPMENT FUND, AND BOOTH CREEK DEBT SERVICE FiJND, OF THE 1997 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 1997 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 23, Series of 1996, adopting the 1997 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds aze available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1997 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $183,416 Booth Creek Debt Service Fund 11,000 Heavy Equipment Fund 129~500 $323,916 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of December, 1997, and a public hearing shall be held on this f: Ordinance on the 16th day of December, 1997, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of December, 1997. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C:brinance97.25 1 1 ~ 1 - TOWN OF VAIL . ~ r CABLE TELEVISION PROPOSAL ~ EVALUATION 1 ~ COVERING THE VAIL VALLEY ~ FRANCHISED CABLE TELEVISION SYSTEM ~ ~ ' December 2,1997 ' Presented by Enhanced Video, Voice & Data Systems, Inc. ' 114 Federal Blvd. Denver, Colorado 80219 303.922.6877 J ' t E I ~ A Technolbgies GomP8rry ' ' ' Table of Contents ' I. Introduction ' II. System Status (a) Plant facts as of February 5, 1995 (b) Description of Analog Microwave Link ("AML") ' II. Franchise Technical Requirement - System synopsis ' (a) Main Component: Section 4.1 - Rebuild III. Cable Operator System Improvements ' (a) Municipal Area Network (b) Analog Microwave Link ("AML") Elimination ~ (c) Initial Fiber Build IV. New Additional Fiber Extensions ' (a) West Vail to Town Hall (b) Town Hall to Aspen Lane ' V. Cable System Measurements (a) Visual Carrier Measurement ' (b) Carrier to Noise Measurement (c) Qualification of Plant Capability ~ VI. Digital Video Compression Overview (a) Status in 1995 , (b) Communications Industry Advancements (c) Status in 1997 ' VII. Digital Video Overlay to Analog System (a) Compression Ratio ' VIII. E3SI's Conclusion and Recommendations ' ' ' g E3SI Vail Page 2 ' , ' Introduction Enhanced Video, Voice & Data Systems, Inc. (E3SI) ' E 3SI specializes in auditing, developing, designing, delivering and ' maintaining scaleable, high technology solution based networking products and services to government, education and commercial entities. E3SI's management brings over 75 years of combined experience in cable ' television; switched and/or dedicated data communications, voice communications and video communications; fiber-optic transport; and, ~ integrated digital and analog technologies, with the real world hands on operating experience required to assess, recommend and deliver finished operating systems which span the myriad of video, voice and data systems ' and applications. ~ E3SI pioneered the manufacturer neutral approach to solution development. This means that E3SI is not contractually obligated to any one manufacturer of electronic equipment for solution implementation. We believe that by ' being manufacturer neutral, E3SI is capable of independently assessing, designing and delivering the most cost effective, most reliable and longest ' term communications solutions for our clients and their customers. We will be providing to the Town of Vail factual information gathered by ' our engineers from actual cable system tests conducted on the existing and upgraded cable television plant located within Vail, Colorado. This , information will help establish the base line for performance of the pre- upgraded plant, compare the base line to certain Federal Communications - Commissiori ("FCC") specif cations and then compare the upgraded plant ' test results to both the base line and the FCC specifications. E3SI will also introduce perspectives which it has gathered from a variety of experiences ' that either directly or indirectly relate to the overall network operating system, that the incumbent cable television operator is recommending to the town of Vail, in lieu of its complete 550 MHz Hybrid Fiber Coax rebuild. ' ' , ' ' ' ' System Status 1 Plant Facts as of February 5, 1995 The Vail Valley cable television system, owned and operated by Cablevision ' VI, Inc., DBA TCI Cablevision of the Rockies, Inc. (hereafter referred to as the "Cable Operator"), was developed utilizing the following thee main ' components (hereafter referred to as the "Initial System"): 1. Headend - The signal receive, processing, insertion and 1 transmission site located in Avon, Colorado. ' 2. Analog Microwave Link ("AML") - Broadband, line-of- site, Microwave transmission and reception equipment from the Headend to Dowds Junction. ' 3. Coaxial cable tree and branch trunk line am lifier , p s, taps, ' coaxial feeder cable and drop cable to the subscriber, including other active and passive electronic devices. ' The Initial System's technical capability is - 330 MHz analog capacity or; 40 active forward channels ' with approacimately 6-7 return analog channels. ~ We will utilize a visual overview of the Initial System configuration, to establish a baseline for comparison from the period commencing with the new Franchise Agreement, through the changes that have occurred to the ' Initial System as of the end of November 1997. ' See Exhibit "A" - Plant status on Febr uary 5, 1995. ~ 1 1 e E3SI Vail Page 4 ~ TOyYN OF ML ;I,i . 's s ~ ' s Satelitte Signals gop ~ i ~o s op dool s / ? , _ ~~m ' TCI s~ Analog Microwave Link Mic~oWalle H E A D E N D de #0 Transmitter/Receiver ~ op ~ 'Traditional Tree and Amplifier Digital Satellite i Branch Distribution #3 Receiver r Microwave t / Transmitter/Receiver j F , , " West Coaxial Plant Vail , Avon 3 t~ E ~ ~ CoDYFt9h11997 EManpC YiOSO, Voia lnE Dtla SYalama. Int. All RigM9 RaOrvaE ~ Enhanced Video, Voice & Data Systems, II1C. Revision : 1.5 Filename : vail_sim Exhibit A- Plant Status on Feburary 5th, 1995 Dale : 11.25.97 Spreadsheet : vail_aim 114 Fedsrel ~ BIvO. Dsnvsr, Coloredo 8021g 303.922.8877 SCale : NOne Sh¢BI N0. : 1 Ol 5 ~ ' System Status (con°t) Description of Analog Microwave Link ("AML") ' An AML establishes a line-of-site broadband transmission of analog signals ' typically utilized for the delivery of cable television programming, to a secondary source, for physical distribution to an ancillary universe of , potential subscribers. Specifically insofar as it relates to the Initial System, the cable signal originates at the cable television headend located in Avon, Colorado and is camed via AML to a receive site located on the north side ' of I-70 at Dowds Junction. The cable signal is then transmitted over coaxial cable trunk 1.2 miles to amplifier # 3 of the Vail cable system. This point, ' as identified, serves as the true initial point of distribution of the cable signal to subscribers in Vail. ' Over the past 20 years an AML transmission system has been an effective way to carry cable signals over areas of long distances with diverse terrain; however, with the introduction of single-mode fiber-optics (with ' transmission ranges of up 31 miles or more), cable operators are replacing AML feeds with fiber connectivity. The primary reasoning behind this type ' of transmission upgrade is to improve the originating signals to be inserted into the tree and branch coa.xial distribution system and eliminate the need to maintain a stand alone remote site, being the AML. , ' ' ' ' ' ~ 0 E'SI Vail Page 5 ' , , Franchise Technical Requirement Main Component: Section 4- Rebuild ' From the actual Franchise Agreement dated February 5, 1995 by and ' between the Town of Vail and Cablevision VI, Inc., DBA TCI Cablevision of the Rockies, Inc. (the "Cable Operator"), the following summarizes the technical components established under the cable television system rebuild ' requirement contained in Section 4.1 (a) and (b); and Section 4.2: ' 4.1 Onerating frequency range - 54 MHz to 550 MHz Number of channels w/o digital comnression - Up to 78 channels , Fiber optic rebuild - Fiber optics to the service area; central Hub to nodes serving approximately 50 ' to 1,000 residences; coaxial cable distribution from the node to the subscribers. ' 4.2 Activated two-way communications capability between certain pubGc buildings contingent only upon the future installation of appropriate , terminal and interface equipment. 1 ' , ~ r ~ ~ ~ E;SI Vail Page 6 ~ 4 =7 4VAIL ' ~'Ui~~ O. dO - . . . , To Additional Nodes fib, do• Single Mode Fiber Cable Off Optical Laser [Optical Node Satellite Receiver Optical Splitter Coaxial Drop TCUnk Cable Line Extender Amplifier Tap -C;iF-11 Splitter ~ Coaxial Cable To Consumer 3 Televisions ~ Eal I A TecAnobgiss Company ~ CopYd0h1199) EM-E VIO.o. Vol-nE DN& Sygrns. I— All RIyIW R#sorv,E Enhanced Video, Voice & Data Systems, If1C. Revision t.o Fi~ename compon i Exhibit A1 - Cable System Components Date 1 1.25.97 Spreatlsheet compon N 114 FeUaral Blvtl. Denver, Colorado 80219 303.922.0877 SC818 : NOnB ShBBt N0. : 1 0f 1 L ' , Cable Operator System Improvements Municipal Area Network 1 In August of 1996, the Cable Operator began construction on the Municipal ' Area Network fiber optic system within the town of Vail connecting five primary locations. The fiber optic connections originate within the Vail Town Hall and in a star configuration, individual home-run 6 count fibers , are delivered to the following locations: ' 1. Vail Library 2. Fire House on West Meadow Drive 3. Transportation Center ' 4. Maintenance Center ' This fiber was specifically designed for the intra-communications of the above Town facilities, initially for private interactive data traffic with an upgrade capability for private interactive voice and private interactive video ' transmissions. It also established the basis for a potential path to eliminating certain coaxial cable trunking, on the subscriber system. The private fiber , network was developed in conjunction with the Franchise negotiation, but contracted under separate agreement. , See Eghibit "B"-Initial Fiber Build: Municipal Area Network 1 During the process of installing the underground conduit and fiber for the ' municipal Area Network, from the Town Hall east to the Maintenance Center, the Cable Operator pre-staged a potential rebuild segment of its plant by allowing the conduit on this run to be capable of the insertion of , additional fibers in the future. , ' , 0 E'SI Vail Page 7 ' Library Q , ~ Asynchronous (Dial•In) &0 Terminals Connectivity T o w n H a I I TCI 0-oo ° Wete taking te/evision O o000 ig i nto tomorrow NCR / ADDS aooo Serial Terminal Server Connections MOdBmS HE F M i ~ PC Server FE Transportation ~ Router local Area Nefwork Center PC Compatible 1 - ~ Rou er I oo e 0 ao ~ I ~ I oo _ ~ Counler-Rotating Hedudant Fiber Ring - D~~DU~~ _ I ouaoooo ,i~ PC Server o Fiber Optic Ring i -e - oo e ~ Router ~ LL, ~ _ _ _ _ _ ! _I ooooaao Fr D I Server 00 - ~ oo ~ I Router ~ I Router PC Compatible - ~ I PC Compatible Printers FO-1 F01 7~=r P u b I i c W o r k s PC Compatible PC Compatible ~oo~oo0 0~~~~~~ ct; ooooouu F i re S t at i o n# 1 PC Server PC Server Enhanced Video, Voice & Data Systems, If1C. Revision 1.5 Filename : vail_sim Exhibit B- Initial Fiber Build - Municipal Area Network Date 11.25.97 Spreadsheet vail_sim L 111 Fedeml BIvE. Donvar, CobreOo 80219 303.922.6e77 Scale : None Sheel No. : 2 of 5 I ' ' Cable Operator System Improvements (con't) ' Analog Microwave Link Elimination With regard to the requirement of the Cable Operator to rebuild its plant as ' described on page 4, herein, there was no requirement for removal of the AML as a part of such rebuild. Even though the required rebuild of the ' system to a Hybrid Fiber Coax Plant ("HFC Plant") with 550 MHz capacity would have increased the analog capacity as well as provide a more effective distribution signal to the subscribers, the AML transmission would have ' remained to be an extremely week link in providing the high quality signal to the initial point of entry into the HFC Plant. ' Inferior signal quality insertion results in a Poorer qualitY signal distribution down line in the HFC Plant model. Another very relevant aspect that must , be brought to light is, that any of the new interactive communications products that could be launched on this system would be impeded by the , AML connection to and from the Cable Operator's Headend and to and from the Vail system. ' Without the elimination of the AML we at E3SI would have had little if any confidence that any two-way services would operate within the level of , technical competency required to deliver these services. E3SI has confirmed that the former AML site has been deactivated and the ' signal is being transmitted via single-mode fiber optic cable to the former named amplifier # 3. With this new connection the Cable Operator has ' effectively removed three active devices between its signal origination point and the distribution point for Vail ( AML, amplifier # 1 and Amplifier #2.) ' It is important to understand that E3SI did conduct system performance testing prior to the deactivation of the AML site, which in effect ' becomes a performance baseline for our subsequent testing. The initial testing was done in the presence of the Cable Operator's technical staff and we must point out, that several of the test points required minor ' maintenance by the Cable Operator technicians to enhance the signal level and quality. ' ~ E'SI Vail Page 8 ~ , i Cable Operator System Improvements (con't) Initial Subscriber System Fiber Build ' The initial subscriber system fiber construction began in the Town of Avon, ' this past Summer, commencing at the Cable Operator's Headend traveling south in both aerial and underground fashion, to splice locations located ' within Avon, continuing through Eagle Vail and connecting to the former coaxial cable amplifier # 3. A fiber optic node (a light transmission to electric transmission conversion point) was established to directly feed the ' Cable Operator's video signals to the now, first amplifier, to insert signal into the Vail cable system (hereafter referred to as "Node #1, Amplifier # ' 1".) West Vail is now fed, from this point, cable television signals through coaxial cable trunking and am plification throu g h a total of 7 amplifiers dee p in transmission succession. ' ' See Exhibit "C" - Initial Fiber Build: Subscriber Network ' As of October 31,1997, it was E3SI,s understanding ' that the Cable Operator would not extend its fiber optic plant beyond Node #1, Amplifier #1. 1 ~ 1 1 1 1 1 *'E' ~ SI Vaii Page 9 ' 0 o 4VAIL Satelitte Signals TOWNO. ~ . . ~ ~ : ~ ~ ~ ~ ~ : ~ ~ TCI % De-Activated Analog I i Microwave H E A D FXD Microwave Link TransmitteNFieceiver ` , ~ ; ~ ~ ~ ~ ~ ~ .Vt,~L- Digital Satellite OptlCcll Single Mode Fiber Node #1 Receiver Analog Satellite Rece;ver Optic Cable Microwave Transmitter/Receiver West Fiber Optic Laser . Vail , Avon 3 V E31 A lecMwloraa Canpaay ~ GopY119h1 1997 EMOnpG yiUao, Voia and D.I. Syelama. Inc. All Riphta RweiveE Enhanced Video, Voice & Data Systems, If1C. Rerision 1.0 Filename vail_sim Exhibit C- Initial Fiber Build - Subscriber Network Date : 11.20.87 Spreadsheet : vail g,m N 114 FMSraI BWtl. Dsnver, Cobrado 80219 303.922.6877 SCa1B : NOne Sheel N0. : 3 01 5 1 i New Additional Fiber Extensions (con't) ' West Vail to Town Hall During the week of November 17, 1997 E3SI sent its engineering personnel ' back to the Vail system to conduct secondary testing at the same locations as its initial testing. Much to our surprise the Cable Operator had, during the ' period from October 31 " to November 17t', extended the fiber optic network from Node # 1 down the West Vail bike path and part of the South frontage road to the Vail Town Hall. Town Hall now becomes the location for the ~ second fiber node (hereafter referred to as "Node #2".) This node splits the fiber output into two legs, one feeding a first new amplifier off of Node #2, ' to serve the south side of I-70 (Vail Village area) through a total of 7 amplifiers deep in transmission succession and one feeding a first new amplifier off of Node #2, to serve the north side of I-70 through a total of , 8 amplifiers deep in transmission succession. ~ See Eghibit "D" - First Fiber Egtension: Subscriber Network ' Town Hall to Aspen Lane ' Also, during the period from November 17th to November 20th, the Cable Operator extended the fiber optic network from Node # 2(utilizing the pre- insta.lled conduit from the Town Hall to the Maintenance Center), from the ' Maintenance Center to a location on the North side of I-70 at Aspen Lane to establish the third fiber node in the Vail system (hereafter referred to as ~ "Node #3".) This node feeds the cable signal to a new first amplifier off of Node #3 and the respective coaxial cable trunking and amplifiers serve the East Vail area through a total of 5 amplifiers deep in transmission ' succession. , In summary, by virtue of the two fiber extensions and the establishment of fiber Nodes # 2 and # 3, the Vail cable system now has no greater than 8 amplifers in distribution succession off of any fiber optic conversion point. ' See Ezhibit "E" - Second Fiber Extension: Subscriber ~ Network ~ e E'SI Vail Page 10 , 0 ~ ~ ( 4== ti . ,:,;,m satelitte T'OWl' OF' 6~IL . Distribution ~ ~ Signals 0~~ ~ ~ . ; ~ Single Mode Fiber TCi 0~~~ ~ ~ ~ Optic Cable HEAD ENCL' ' do De-Activated Analog Microwave City Hall to Microwave Link Transmitter/Receive` ~ XDiiggilal ~ O ptical tel NOd@ #2 Receiv Analog atellite Receiver Optical Micro e NOCI@ #1 Transmitter/Receiver Fiber Optic West Vail ' Laser Vail Avon Single Mode Fiber 3 Optic Cable ~ Eal A lrchiwbyiu CoxPny ~ CapynglYt9B7En~onceCViOSO.VOi<sanODataSyaNma.lnt Al1ApMaResmve0 EC1h3f1Ced Vld@0, Voice & Data S stems, IC1C. Reviaion 1.5 Filename vail_sim y Exhibit D- First Fiber Extension - Subscriber Network Date 11.25.97 Spreadsheet : vail_sim N 114Fedorel Blyd. Denver, Colorado 80219 303.922.8877 Scale : None Sheet No. : 4 of 5 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ o .r . 4=7 ~;II I~. . ' -•.,,a,, Satelitte 4op' , ~,O~~O~, `~L Distribution Signals ~ ~,dp , Single Mode Fiber Optic Cable TC I HEAD END City Hall , ~r ~ Optical Optical Optical Node #2 Node #3 Fiber Optic Node #1 Laser Vail East West Vail Avon I Vail Single Mode Fiber ~I Optic Cable 3 A iocpnobgxs Campany ~ CapynBM 1987 Enn-ea ViOOO, Voica ena Dc1e 5yeiems, ln< AlI RiqMa ReseveE Enhanced Video, Voice & Data S stems, If1C. Hevision 1.5 Filename : vail_aim y Exhibit E- Second Fiber Extension - Subscriber Network Date 11.25.97 Spreadsheet : vail_sim N176 FWenl BIVC. Donver, Coloretlo 8021e 303.e22.e877 Scale : None Sheet No. : 5 0l S ' , Cable System Measurements , System Evaluation ' In evaluating cable television plants, many variables are involved in the distribution of satisfactory video signals throughout a region. Various tests can be run in either an `active', live plant or and in-active or non-production ' plant. As the town of Vail's system is in production and delivering signals to its customers in the Vail Valley, we chose to test for the two basic but ' essential components that are most likely to effect the quality of reception with in the system. Power readings and signal to noise ratios will most dramatically effect picture quality. Our measurements were taken ' throughout the system both before and after fiber optic insertion. The tests are briefly explained below: ' Signal Strength - Visual Carrier Measurement , The actual strength of an individual channel within the overall signal is critical to its overall quality. A minimum strength is required at various , points in the system with the FCC mandating that a 0 to 3 dBmV reading be achieved at the `drop' or point of interface with the customers television. Peak-to-Valley measurements compare signal strength with regaxd to the , entire bandwidth within a section of the system. All comparative measurements should meet or exceed FCC standards. The following graph depicts the peak-to-valley comparative measurements taken before and after ' the fiber optic upgrade. ' Please see attached Visual Carrier Matrig. ' ' , ' ' ~ E'SI Vail Page 11 ' Signal Strength Matrix Vail Channels FCC Vail System Test Vail System Test est Used Peak to ValleY Visual Carrier Visual Carrier T 00Mhz with AML Link with Fiber Link Locations in Testin 9 300Mhz - 4 Tru n k A mP 2 10 d B m V - 11 d B m V 26.3 dB mV 38.4 dBmV 42.3 dBmV Number 3 13 10 dBmV - 11 dBmV 35.8 dBmV :<::::~<::~.;.~~:::::::~<:::::<:::>:«<:: 3 11 dBmV 31 dBmV m ::::>::~:.::.~'I:I:I~ - 3.6 d6 V d 1 2 10 dBmV (No e 4 9 dB 41 .1 dBmV 38 :>~':~`<::??~`E~`?:::::::>::::> 10 dBmV- 11 dBmV 2.7 dBmV Town Hall 2 10 dBmV - 11 dBmV 24.2 dBmV 28.6 dBmV ~»<:<~><: (Node #2) 13 10 dBmV - 11 dBmV 33.6 dBmV 32.3 dBmV 23 10 dBmV - 11 dBmV 31.3 dBmV <><::<~:`<«AS~:33.6 dBmV ..:.:::::..v.' <::;::<:> 0 dBmV - 11 dBmV 31.1 dBmV <".':..;~~5::::«::::>:::::<~31.4 dBmV 38 1 Aspen Lane 2 10 dBmV - 11 dBmV 27.7 dBmV 28.1 dBmV Node #3) 13 10 dBmV - 11 dBmV 35.4 dBmV 32.2 dBmV ( - 33 32.4 dBmV 23 10 dBmV 11 dBmV .7 dBmV <::::<::~: 3 dBmV 38 10 dBmV - 11 dBmV 320dBmV 1.2 :~<>::<<>:::: ~ : . . e 10 dBmV - 11 dBmV 26.1 dBmV 26.2 dBmV Main Gor Dr. 2 ~~«?:<::<::::<:::::::: ~ 10 dBmV - 11 dBmV 36.3 dBmV T 30.4 dBmV erminati09 13 n B r Am rid e 10 dBmV - 11 dBmV 31.4 dBmV 30.6 dBmV 23 ~ 3 9 P 3 8 10 dBmV - 11 dBmV 29.9 dBmV ::~.:<:.~:::::~::<::': 1.7 dBmV ..::::>;><:<::: Main Gore Dr. 40.6 dBmV . 2 10 dBmV - 11 dBmV 38.8 dBmV .~A:..~.~'.. . : :>:s>:::::.:::: 47.8 dBmV e Extender 13 10 dBmV - 11 dBmV 51.8 dBmV ~ Lin - 11 dBmV 8.3 dBmV 47.1 dBmV 10 dBmV 4 u ber 1 23 N m - 11 ~ 46.8 dB V dBmV 47.9 dBmV m 38 10 dBmV Main Gore Dr. 2 10 dBmV - 11 dBmV 38.9 dBmV ...~<`:<:::::>: ::<::<:::::: 39.3 dBmV :':::;::::<:'<: 51.9 dBmV 50.7 dBmV Line Extender 1 3 10 dBmV - 11 dBmV um er 2 23 10 dBmV 49.1 dBmV 49.3 dBmV - 11 dBmV N b '<::«<::<:~~..~w~..~.~~...~"_.•~.~.~~..::<::<:::'::;....... V . 10 dBmV - 11 dBmV 45.3 dBmV ::47.7 dBm 38 `~~.~.««::<>::;««25.8 dBmV Main Gore Dr. 2 10 dBmV - 11 dBmV 8.5 dBmV H 32.5 dBmV dB ouse Drop 13 10 dBmV - 11 dBmV 17.8 dBmV O : 32dBmV utside 23 10 dBmV - 11 dBmV 14.2 dBmV . - V 11 dBmV 11.9 dBmV 27.6 dBmV 38 10 dBm :::>:s::> . 35.5 dBmV HeadEnd 2 N /A 34.3 dBmV 13 N/A 34.6 dBmV 35.8 dBmV : . . . N/A 34.3 dBmV 35.8 dBmV 3 2 38 :>~::::<::<: N/A 35.0 d B m V 35.4 d B m V <.;::::~:`<~: vailcnma.xls E3S1 Cable System Evaluation 11/20/97 ~ , Cable System Measurements (con't) , Video Quality - Carrier to Noise Measurement ~ The quality of a specific channel can be measured by the ratio of its strength to the relative noise or interference in the signal. A signal with a below normal reading can produce fuzzy, faint and/or snowy pictures. The carrier ' to noise ratio is also controlled by the FCC and is required to meet or exceed 43 dBmV as of June 30, 1995 as per CFR 47 part 76 subpart K. Again, ' measurements were taken both before and after the fiber optic upgrade to test compliance with the following results. It should be noted that all readings after the fiber optic upgrade was completed were in an non-swept, ' unbalanced system (the readings should improve as the system is fine-tuned to meet all equipment specifications). ' Please see attached Signal to Noise Matriz. ' t , ' ' ' ' ' , ir E'SI Vail Page 12 , Signal to Noise Matrix Vail Channels FCC Visual SYstem Carrier SYstem Carrier Test Used Carrier to Noise to Noise Readings to Noise Readings * o ecifi S cation with AML Link w/ Fiber O t• ~cs L c ations in Testin 9 P p Tr 2 43.0 .5 V i 4 B unk Am dBmV 42 dBm 7.5 d mV P Number 3 13 43.0 d6mV 42.9 dBmV 50.9 dBmV No 1) 23 43.0 .6 V 49 de # dBmV 41 dBm .7 dBmV :F'~:~ti ( 38 3 8 4.0 dBmV 41. dBmV 47.9 d6mV Town Hall 2 43.0 dBmV 41.9 dBmV 45.4 dBmV ::»':.....~.....1.< PA, (Node #2) 13 43.0 dBmV 41.4 dBmV 46.0 dBmV 23 43.0 dBmV 41.7 dBmV 46.7 dBmV .........1.< 3 38 4.0 dBmV 41 dBmV 45.8 dBmV Aspen Lane 2 43.0 dBmV 42.8 dBmV 45.2 dBmV Node #3 13 43.0 dBmV 44.7 dBmV 46.3 dBmV 23 43.0 dBmV 42.5 dBmV 47.4 dBmV 38 43.0 .3 dBmV 41 dBmV 45.9 dBmV Main Gore Dr. 2 43.0 dBmV 40.9 dBmV 44.6 dBmV > rmination9 13 43.0 dBmV 43.5 d6mV 47.1 d6mV Te .........~'.ar"..~ 43.0 dBmV 42.6 dBmV 46.5 dBmV Brid er Am g p 23 < 38 43.0 dBmV . 41.2 dBmV 44.9 dBmV :'.,,.,.,.,.,.,.1.1-1.1-1.1-1.1-1.1 . . i D 30 V d 44.5 Ma n Gore r. 2 4. dBm 40.9 BmV dBmV e Extender 13 43.0 dBmV 43.2 dBmV 47.2 d6mV Lin Number 1 23 43.0 dBmV 42 dBmV 46.9 dBmV 45.8 dBmV 38 43.0 dBmV 41.5 dBmV Main Gore Dr. 2 43.0 dBmV 41 dBmV 45.2 dBmV :~~1::::>;~::::: ~ e Extender 13 43.0 dBmV 42.8 dBmV 46.9 dB mV Lin umber 2 23 43A dBmV 42.2 dBmV 47.1 mV dB N : .........~~1« 38 43.0 dBmV 41.6 dBmV 46.3 dBmV :::::>::>??:~.~~~::<?:`><>:~: D 30 dB 45 m Main Gore r. 2 4. dBmV 40.2 mV ~.A~~~. : .6 d6 V :'...:~..'~L«V ~:~<;p~ : 0use Dro 3.0 dBmV 42.2d6mV 46.5 dBm H p 13 4 Outside 23 43.0 dBmV 41,9d6mV 44.9 dBmV ~.:....~~::~s:<:~~~~,.~'~L:~:~::<:«':'~::~:::':>:<'': :.'~*.k~..... 38 43.0 dBmV 41.4 d6 46.2 mV mV dB H eadEnd 2 43.0 dBmV 46.5 dBmV 47.7 dBmV 13 43.0 dBmV 47 dBmV 51.6 dBmV 23 43.0 d6mV 47.3 dBmV 50.3 dBmV 3 38 4.0 dBmV 46.8 dBmV ?~5~51.2 dBmV * As of June 30, 1995 per CFR 47 Part 76, Subpart K Needs to be 'Swept and Balanced' to Fine Tune all Components vailcnma.xls E3S1 Cable System Evaluation 11/20/97 ' Cable System Measurements (con't) ~ ' Qualification of Plant Capability By simplifying the video distribution system through a reduction of the ' number of `active' components between the video source (head end) and the consumer, the video signal transmission results in higher quality. With the ' placement of optical nodes 1, 2 and 3, as well as the reduction of in amplifier succession no greater than 8, the ability to deliver 2-way capacity to reach subscribers now exists. 1 As with any state-of-the-art system, maintenance and proper care of the , system is critical. It is recommended that spare components and emergency repair equipment be kept in the valley at all times and the knowledgeable staff to tend to any outings caused by construction, weather and/or other ' unforeseen circumstances. , , ' ' ' ' ' ' ' ~ E3SI Vail Page 13 ' ' ' Digital Video Compression Overview ' Status In 1995 The cable television industry has long searched for a way to increase the , carrying capability of a standard 6 MHz analog channel. This search did not just target the video carrying aspects of a standard cable channel it focused ' on broadband communications signals in the form of audio, data and voice signals as well. i One of the first successful utilization's of a standard cable channel to effectively carry multiple segregated signals, occurred in 1992 and was , deployed over many cable systems under the brand name "Digital Music Express or DMX". DMX in effect, utilized a digital compression format to enable five separate and distinct stereo music channels to be carried over a ' single 6 MHz standard cable channel to the subscriber drop and through use of a de-compression converter box 30 digitally processed analog stereo , music channels were delivered to a subscribers home stereo music system sepaxate and apart from the television set. ' Several other industries were also employing some form of digital compression in the operations of their consumer and/or commercial products, which included software and hardware digital compression, as well as, the digital video compression being employed by the direct broadcast satellite industry ("DBS"). At this time, DBS companies were finalizing , their launch plans to compete against the hard-line cable television operators with a technically superior product offering. For the cable television industry ' however, they still had to deal with the many diverse plant types that existed, in various levels of technical integrity, prior to arriving with a viable product. Cable television re-transmission of compressed digital video really ' had little hope of becoming reality, until early in 1996, when several ' breakthroughs occurred with the de-compression of the signal at the subscriber terminal equipment and the Cable Operator had a standardized ' preparation plan in place to ready the plant. , In 1995, at the time when the subject franchise was executed, most would have agreed with the position that analog rebuilds were the only avenue technically feasible to gain appropriate bandwidth for increasing the ' programming offerings, as well as, position a community for the next wave of two-way communications services. ' ~ E'SI Vail Page 14 ' ' ' Digital Video Compression Overview (con't) ' Communications Industry Advancements Digitized signal transmission forms were increasing at an intense rate in the ' communications industry, during the time frame of 1995 and including the present and beyond. More and more adjunct services have been under ' development by Local Exchange Carriers, Cable Operators, Long Distance Carriers and Electric Utility Providers. The one common technical reality each of these different providers looked to, for increasing the number of , tasks that could be accomplished in less or existing communications space, was some form of a compression scheme. , The reality of employing digital compression is that you can put more information into a defined space that previously carried less. With regard to ' video transmission, the DBS industry would not be where it is today if it had not utilized digital compression. Even as of this year, the television ' broadcast industry is starting to explore digital video transmission of their off-air broadcast signals, as well as, the ability to expand the transmitted signal output to multiple signal offerings within the same transmission ' space, by employing digital video compression. ' For the cable television industry, adding digital video compression to its analog coaxial and/or analog based HFC plants is the next logical step in the deployment of increased competitive service offerings within its franchised ' communities. ' Status in 1997 At the first of this year, digital video trials commenced utilizing actual cable ' television subscribers over multiple geographic locations. The trials were spread between both large and small communities and primarily relied on ~ cable systems that had analog channels available to insert the digital signal. After many months of tuning, fine tuning and adjusting the transmission up- link facilities, cable plant and subscriber terminal equipment, successful ' results were obtained and opened the door for live multiple cable system launches which, began in September of this year. , ' ~ E'SI Vail Page 15 ' 1 ' Digital Video Insertion ' Compression Ratio Initially, the compression ratio that engineering experts thought would be . ' deliverable in a stable form was axound 16 to 1. That is, 16 compressed digital video channels over one 6 MHz analog channel. However, the factors ~ that determined true stability in not only cable system transmission, but as well, in subscriber terminal reception was tightness of plant and positioning within the signal transmission spectrum of the plant. ' As the i ital d g video trials produced more succmct mformation the ~ determination was made that various maintenance requirements had to be performed prior to, or coinciding with, the physical activation of the digital video product on a cable system. Also, during the trial period (as well as ' during several of the more recent physical launches) the confirmed and announced compression ratio of 14 to 1, began to have noticeable technical ~ problems at the subscriber location. The digital video package, which is installed at a cable operator's headend, ' will vary depending on the existing programming being carried as well as the signal locations available on the cable system. In the Vail and Avon area, the content on several existing mid-band channels was moved to a higher ' band, to position the digital signal in a frequency range with the least amount of interference existing. As the Cable Operator was commencing its ' launch in the Avon system, a late adjustment occurred which has affected the outcome of this evaluation. Due to the instability in the 14 to 1 compression ratio, the Cable Operator has had to reduce this ratio to 12 to 1 ' for delivering the quality signal level needed for appropriate distribution. ' During the initial meeting which E3SI had with Town of Vail representa.tives, and pursuant to the proposal made by the Cable Operator to utilize the compression ratio of 14 to 1, we discussed the total number of ' channels that would be available in Vail after digital video was over-laid to the existing system. Vail would receive a total of 79 video channels, or 1 ' more channel than the franchise required 78 channels. See below: Available Analog Channels - 37 , 3 channels with digital @ 14 to 1- 42 TOTAL = 79 , i!t E'SI Vail Page 16 ~ 1 , Digital Video Insertion (con°t) ' Now, with a compression ratio of 12 to l, the Vail system would loose effectively 6 digital channels, which would reduce the total number of channels to 73 or 5 short of the minimum franchise required 78 channels. ' It appeaxs that the reduction in the di ital v' g ideo compression ratio from 14 to 1 1 down to 12 to 1, was the correct move in order to stabilize the reception at subscriber locations. ' With the introduction of the fiber optic nodes, the reduction in the number of amplifiers served off of each node and applying a consistent maintenance ' program to maintain plant integrity, this new digital video product should be far superior in quality over any form of analog video product. ' ' ' ~ ' , ' ' ~ ' ~ E3SI Vail Page 17 1 ~ E3SI Conclusions and Recommendations ~ E3SI's assessment of the activities which have occurred by the Cable ' Operator in the Vail system, in our opinion, is a respectful start in making the Vail cable system a technically acceptable platform for today's services ' and scale for the future. However, these steps are only partial steps that we at E3SI see as necessary to arrive at the more elevated distinction which the ' Franchise Document of 1995 contemplated. Therefore, E3SI hereby recommends the following steps be taken by the Cable Operator with regard to extending, upgrading and adding components to its cable system to 1 elevate it to a level of technical competency, in the Town of Vail: , RECCOMENDATION STATUS 1. Eliminate the AML Completed ' 2. Extend Fiber beyond node 1, to 2 new nodes. ComPleted ' 3. Upgrade the analog capacity from 330 MHz to 400 MHz, being the capacity of 12 new ' analog channels, within a reasonable time frame. 4. Require the addition of 3 more digital channels ' or the availability of 36 more digital programming sources at 12 to 1 compression, within a reasonable , time frame. 5. Require a consistent maintenance program be i implemented, with reporting to the Town Manager, including cut cable, pedestal damage and relocation ' requests logged by incident. If the Cable Operator agrees to the above, the Vail cable television system ' will have the following specifications: , Analog Capacity - 54 MHz to 400 MHz or 46 analog channels Digital Capacity - 6 channels at 12 to 1 compression or ' 72 digital channels ' Total Programming Availability = 118 channels ~ E3SI Vail Page 18 ' , , Appendix 1 I. Photographs of On-Site Testing ' II. Sample of Raw Test Data Acquired ' III. Copy of FCC Technical Standards CFR 47, Part 76, Section 76.605 and applicable ~ Sections through Section76.630. 1 ' 1 ' 1 1 ~ ' ' 1 ~ ~ E'SI Vail Page 19 ' , ' Photographs of On-Site Testing ~ ~ ~ 1 1 ~ ~ ~ ~ 1 1 1 1 i i 1 ~ g E 3SI Vail Page 20 ' ' . 1 ' < ~ •,e. ~~v, ' , Actual Testing, Amplifier #3, from AML Feed ' • , ~ ' t~ •.v.~,; . a+' ' ' Calan Test Equipment ' ~ E'SI Vail Evaluation vail_pics Page 1 ' , i~ ' Main Feed Tap Cable K . To ~ House rz « y, C r ~s Input Diplex Power Filter Supply f . . _ `L 3. Amplifier Module ~ Return Module Output ' Diplex Filter ' ' ' Amplifier #3 - West Vail 0 E;SI Vail Evaluation vail_pics Page 2 1 , ' ' : 1 - , , ~ ' ' ' ~ ~ ' ' Aspen Lane Amplifier - East Vail ' , ' ~ E'SI Vail Evaluation vail_pics Page 3 t , ' , 1 , ~ ' ' , ' ' Tap - Near Amplier #3 ' ' ' ' 0 E3SI Vail Evaluation vail_pics Page 4 ' ' Sample of Raw Test Data Acquired ~ ~ ~ i 1 1 i 1 1 1 1 i 11 1 1 ~ ~ E,SI Vail Page 21 ' , ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 09:43 Peak-to-Valley 22.0 dB Temp +42.0 F(+05.6 C) Test Point HeadEnd ' Location_ File 14 Test By M. Bennett Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB ' Visual Aural Ratio Ratio Min Ad' Overall 02 +35.5 +21.2 14.3 Pass Pass Pass Pass 03 +34.7 +25.9 08.8 FAIL Pass Pass Pass 04 +35.7 +20.7 15.0 Pass Pass Pass Pass ' 05 <003 <003 06 <003 +19.8 95 +15.1 +21.6 06.5 FAIL Pass FAIL FAIL ' 96 +33.2 +27.0 06.2 FAIL Pass FAIL Pass 97 +19.9 +32.1 12.2 Pass Pass FAIL FAIL 98 +35.2 +19.5 15.7 Pass Pass FAIL Pass 99 +35.4 +21.3 14.1 Pass Pass Pass Pass ' 14 +35.7 +21.3 14.4 Pass Pass FAIL Pass 15 +18.4 +04.7 13.7 Pass Pass FAIL FAIL 16 +14.9 +05.1 09.8 FAIL Pass FAIL FAIL 17 +35.6 +20.2 15.4 Pass Pass FAIL Pass ' 18 +15.1 <003 19 +35.6 +21.1 14.5 Pass Pass FAIL Pass 20 +36.3 +27.4 08.9 FAIL Pass Pass Pass ' 21 +33.5 +27.5 06.0 FAIL Pass Pass Pass 22 +34.9 +25.7 09.2 FAIL Pass Pass Pass 07 +35.9 +21.0 14.9 Pass Pass FAIL Pass 08 +30.8 +15.0 15.8 Pass Pass FAIL Pass , 09 +35.5 +20.9 14.6 Pass Pass FAIL Pass 10 +35.1 +20.2 14.9 Pass Pass Pass Pass 11 +35.6 +20.2 15.4 Pass Pass Pass Pass ' 12 +36.1 +20.0 16.1 Pass Pass Pass Pass 13 +35.8 +20.7 15.1 Pass Pass Pass Pass 23 +35.8 +20.7 15.1 Pass Pass Pass Pass 24 +35.8 +21.3 14.5 Pass Pass Pass Pass , 25 +36.9 +21.5 15.4 Pass Pass Pass Pass 26 +35.1 +20.0 15.1 Pass Pass Pass Pass 27 +34.9 +19.9 15.0 Pass Pass Pass Pass 28 +35.8 <003 , 29 +35.8 +12.7 23.1 FAIL Pass Pass Pass 30 +35.5 +20.7 14.8 Pass Pass Pass Pass 31 +35.8 +21.2 14.6 Pass Pass Pass Pass ' 32 +35.6 +23.5 12.1 Pass Pass Pass Pass 33 +36.6 +21.8 14.8 Pass Pass Pass Pass 34 +35.9 +21.7 14.2 Pass Pass Pass Pass 35 +35.7 +20.7 15.0 Pass Pass Pass Pass ' 36 +36.2 +20.7 15.5 Pass Pass Pass Pass , 37 +36.0 +20.4 156 Pass Pass Pass Pass 38 +35.4 +20.3 15.1 Pass Pass Pass Pass . 39 <003 <003 40 +29.5 +23.2 06.3 FAIL Pass Pass Pass ' 41 +27.1 +21.7 05_4 FAIL Pass Pass Pass 42 +28.4 <003 ' E3SI Vail Evaluation vail-raw Page 1 ' ~ ' ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 10:18 Peak-to-Valley 27.6 dB Temp +42.8 F(+06.0 C) Test Point Old Amp 3 Output ' Location_ File 15 Test By M. Bennett Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB ' Visual Aural Ratio Ratio Min Ad' Overall 02 +38.4 +24.5 13.9 Pass Pass Pass Pass 03 +37.6 +29.5 08.1 FAIL Pass Pass Pass 04 +38.4 +24.9 13.5 Pass Pass Pass Pass ' 05 +17.0 +05.9 11_1 Pass Pass Pass FAIL 06 <003 +23.5 95 +17.7 +26.5 08.8 FAIL Pass FAIL FAIL ' 96 +39.1 +31.1 08.0 FAIL Pass FAIL Pass 97 +23.5 +38.4 14.9 Pass Pass FAIL FAIL 98 +39.6 +23.6 16.0 Pass Pass FAIL Pass 99 +40.5 +25.3 15.2 Pass Pass Pass Pass ' 14 +40.1 +26.0 14.1 Pass Pass FAIL Pass 15 +19.3 +12.7 06.6 FAIL Pass FAIL FAIL 16 f20.2 +11.3 08.9 FAIL Pass FAIL FAIL 17 +40.1 +25.9 14.2 Pass Pass FAIL Pass ' 18 +20.0 +09.6 10.4 Pass Pass FAIL FAIL 19 +41.1 +26.1 15.0 Pass Pass FAIL Pass 20 +42.3 +32.6 09.7 FAIL Pass Pass Pass ' 21 +41.0 +32.6 08.4 FAIL Pass Pass Pass 22 +40.4 +31.4 09.0 FAIL Pass Pass Pass 07 +42.2 +26.4 15.8 Pass Pass FAIL Pass 08 +36.5 +21.6 14.9 Pass Pass FAIL Pass ' 09 +41.3 +27.1 14.2 Pass Pass FAIL Pass 10 +40.7 +27.3 13.4 Pass Pass Pass Pass 11 +41.2 +27.2 14.0 Pass Pass Pass Pass ' 12 +42,5 +25.9 16.6 Pass Pass Pass Pass 13 +42.3 +27.9 14.9 Pass Pass Pass Pass 23 +43.6 +26.7 16.9 Pass Pass Pass Pass 24 +42.9 +28.3 14.6 Pass Pass Pass Pass , 25 +49.6 +28.1 16.5 Pass Pass Pass Pass 26 +42.8 +27.3 15.5 Pass Pass Pass Pass 27 +41.8 +27.3 14.5 Pass Pass Pass Pass 28 +42.9 +11.4 31.5 FAIL Pass Pass Pass ' 29 +41.2 +20.2 21.0 FAIL Pass Pass Pass 30 +41.8 +27.0 14.8 Pass Pass Pass Pass 31 +41.7 +27.7 14.0 Pass Pass Pass Pass ' 32 +41.6 +28.8 12.8 Pass Pass Pass Pass 33 +43.2 +27.0 16.2 Pass Pass Pass Pass 34 +42.3 +27.7 14.6 Pass Pass Pass Pass 35 +42.7 +25.7 17.0 Pass Pass Pass Pass ' 36 +43.2 +27.9 15.3 Pass Pass Pass Pass 37 +42.6 +26.6 16.0 Pass Pass Pass Pass 38 +41.1 +26.2 14.9 Pass Pass Pass Pass ' 39 <003 <003 40 +29.2 +24.3 04.9 FAIL Pass Pass FAIL 41 +27.0 +25.4 01.6 FAIL Pass FAIL FAIL 42 +32.9 <003 ' ~ E3SI Vail Evaluation vail-raw Page 2 ' 0 ' ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 10:20 Peak-to-Valley 27.0 dB Temp +42.4 F(+05.8 C) Test Point Town Hall Output ' Location_ File 16 Test By M. Bennett Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB ' # Visual Aural Ratio Ratio Min Adj Overall 02 +28.6 +14.6 14.0 Pass Pass Pass Pass 03 +27.8 +19.5 08.3 FAIL Pass Pass Pass 04 +28.5 +15.0 13.5 Pass Pass Pass Pass ' 05 <-07 -05.8 06 <-07 +13.5 95 +07.5 +14.5 07.0 FAIL Pass FAIL FAIL ' 96 +27.9 +21.0 06.9 FAIL Pass FAIL Pass 97 +12.7 +20.4 07.7 FAIL Pass FAIL FAIL 98 +29.7 +13.8 15.9 Pass Pass FAIL Pass 99 +30.5 +15.4 15.1 Pass Pass Pass Pass ' 14 +29.8 +16.2 13.6 Pass Pass FAIL Pass 15 +11.4 +02.9 08.5 FAIL Pass FAIL FAIL 16 +11.1 +01.3 09.8 FAIL Pass FAIL FAIL 17 +30.1 +15.8 14.3 Pass Pass FAIL Pass ' 18 +11.0 -00.4 11.4 Pass Pass FAIL FAIL 19 +31.2 +16.3 14.9 Pass Pass FAIL Pass 20 +30.5 +21.1 09.4 FAIL Pass Pass Pass ' 21 +31.9 +22.8 09.1 FAIL Pass Pass Pass 22 +30.8 +21.4 09.4 FAIL Pass Pass Pass 07 +32.1 +16.9 15.7 Pass Pass FAIL Pass 08 +26.6 +11.7 14.9 Pass Pass FAIL Pass ' 09 +31.0 +17.2 13.8 Pass Pass FAIL Pass 10 +30.8 +17.3 13.5 Pass Pass Pass Pass 11 +31.3 +17.2 14.1 Pass Pass Pass Pass , 12 +32.5 +16.0 16.5 Pass Pass Pass Pass 13 +32.3 +17.4 14.9 Pass Pass Pass Pass 23 +33.6 +16.7 16.9 Pass Pass Pass Pass 29 +32.8 +18.3 14.5 Pass Pass Pass Pass ' 25 +34.5 +18.2 16.3 Pass Pass Pass Pass 26 +32.8 +17.3 15.5 Pass Pass Pass Pass 27 +31.9 +17.2 14.7 Pass Pass Pass Pass 28 +32.9 +01.2 31.7 FAIL Pass Pass Pass ' 29 +31.4 +10.3 21.1 FAIL Pass Pass Pass 30 +31.7 +17.0 14.7 Pass Pass Pass Pass 31 +31.7 +17.7 14.0 Pass Pass Pass Pass ' 32 +31.7 +18.8 12.9 Pass Pass Pass Pass 33 +33.3 +17.1 16.2 Pass Pass Pass Pass 34 +32.3 +17.9 14.4 Pass Pass Pass Pass 35 +32.7 +15.6 17.1 FAIL Pass Pass Pass ' 36 +32.9 +17.9 15.0 Pass Pass Pass Pass 37 +32.5 +16.6 15.9 Pass Pass Pass Pass 38 +31.4 +16.3 15.1 Pass Pass Pass Pass ' 39 <-07 <-07 40 +18.5 +14.1 04.9 FAIL Pass Pass FAIL 41 +17.5 +14.4 03.1 FAIL Pass FAIL FAIL 42 +22.2 <-07 ' , E3SI Vail Evaluation vail-raw Page 3 ' 0 ' ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 10:41 Peak-to-Valley 26.6 dB Temp +44.2 F(+06.8 C) Test Point Aspen Lane Output ' Location_ File 17 Test By M. Bennett Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB ' # Visual Aural Ratio Ratio Min Ad' Overall 02 +28.1 +14.1 14.0 Pass Pass Pass Pass 03 +27.0 +17.7 09.3 FAIL Pass Pass Pass 04 +28,7 +13.9 14.8 Pass Pass Pass Pass ' 05 <-07 -04.5 06 <-07 +13.7 95 +06.6 +16.1 09.5 FAIL Pass FAIL FAIL ' 96 +28.3 +20.0 08.3 FAIL Pass FAIL Pass 97 +13.1 +28.9 15.8 Pass Pass FAIL FAIL 98 +29.9 +14.2 15.7 Pass Pass FAIL Pass 99 +30.7 +15.7 15.0 Pass Pass Pass Pass ' 14 +30.4 +16.1 14.3 Pass Pass FAIL Pass 15 +12.1 +03.4 08.7 FAIL Pass FAIL FAIL 16 +09.8 +01.7 08.1 FAIL Pass FAIL FAIL 17 +31.1 +15.7 15.4 Pass Pass FAIL Pass ' 18 +10.0 +02.2 07.8 FAIL Pass FAIL FAIL 19 +31.6 +16.8 14.8 Pass Pass FAIL Pass 20 +32.0 +22.1 09.9 FAIL Pass Pass Pass ' 21 +31.6 +23.8 07.8 FAIL Pass Pass Pass 22 +31.5 +21.7 09.8 FAIL Pass Pass Pass 07 +32.0 +17.6 14.4 Pass Pass FAIL Pass 08 +27.2 +11.4 15.8 Pass Pass FAIL Pass , 09 +31.9 +17.2 14.7 Pass Pass FAIL Pass 10 +31.7 +16.8 14.9 Pass Pass Pass Pass 11 +32.3 +16.6 15.7 Pass Pass Pass Pass ' 12 +32.5 +16.1 16.4 Pass Pass Pass Pass 13 +32.2 +17.1 15.1 Pass Pass Pass Pass 23 +32.4 +17.3 15.1 Pass Pass Pass Pass 24 +32.5 +17.8 14.7 Pass Pass Pass Pass , 25 +33.2 +18.1 15.1 Pass Pass Pass Pass 26 +31.9 +16.9 15.0 Pass Pass Pass Pass 27 +31.7 +16.7 15.0 Pass Pass Pass Pass 28 +32.8 +01.2 31.6 FAIL Pass Pass Pass , 29 +33.0 +09.3 23.7 FAIL Pass Pass Pass 30 +32.4 +17.4 15.0 Pass Pass Pass Pass 31 +32.5 +18.0 14.5 Pass Pass Pass Pass , 32 +32.4 +20.0 12.4 Pass Pass Pass Pass 33 +33.2 +18.2 15.0 Pass Pass Pass Pass 34 +32.7 +18.3 14.4 Pass Pass Pass Pass 35 +32.3 +17.0 15.3 Pass Pass Pass Pass ' 36 +33.1 +17.5 15.6 Pass Pass Pass Pass 37 +32.3 +16.1 16.2 Pass Pass Pass Pass 38 +31.2 +14.6 16.6 Pass Pass Pass Pass ' 39 <-07 <-07 40 +18.0 +13.8 04.2 FAIL Pass Pass FAIL 41 +17.8 +14.4 03.4 FAIL Pass FAIL FAIL 92 +21.9 <-07 ' , E3SI Vail Evaluation vail-raw Page 4 ' ~ ' ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 11:07 Peak-to-Valley 26.1 dB Temp +44.7 F(+07.1 C) Test Point Term Bridger Output ' Location_ File 18 Test By M. Bennett Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB ' # Visual Aural Ratio Ratio Min Ad' Overall 02 +26.2 +12.2 14.0 Pass Pass Pass Pass 03 +25.2 +17.1 08.1 FAIL Pass Pass Pass 04 +26.7 +12.9 13.8 Pass Pass Pass Pass ' 05 <003 <003 06 <003 +11.3 95 <003 +13.5 ' 96 +26.9 +19.0 07.9 FAIL Pass FAIL Pass 97 +10.0 +24.4 14.4 Pass Pass FAIL FAIL 98 +27.2 +12.3 14.9 Pass Pass FAIL Pass 99 +28.3 +13.7 14.6 Pass Pass Pass Pass ' 14 +28.6 +14.2 14~4 Pass Pass FAIL Pass 15 +09.0 <003 16 +08.1 <003 17 +29.4 +14.7 14.7 Pass Pass FAIL Pass ' 18 +08.6 <003 19 +30.1 +15.8 14.3 Pass Pass FAIL Pass 20 +30.8 +21.0 09.8 FAIL Pass Pass Pass ' 21 +30.3 +22.6 07.7 FAIL Pass Pass Pass 22 +28.4 +21.0 07.4 FAIL Pass Pass Pass 07 +31.3 +16.5 14.8 Pass Pass FAIL Pass 08 +26.0 +10.1 15.9 Pass Pass FAIL Pass ' 09 +30.5 +16.2 14.3 Pass Pass FAIL Pass 10 +30.2 +15.4 14.8 Pass Pass Pass Pass 11 +30.4 +15.1 15.3 Pass Pass Pass Pass ' 12 +30.8 +14.6 16.2 Pass Pass Pass Pass 13 +30.4 +15.8 14.6 Pass Pass Pass Pass 23 +30.6 +15.9 14.7 Pass Pass Pass Pass 29 +30.8 +16.9 13.9 Pass Pass Pass Pass ' 25 +31.8 +17.0 19.8 Pass Pass Pass Pass 26 +30.4 +16.1 14.3 Pass Pass Pass Pass 27 +31.1 +16.3 14.8 Pass Pass Pass Pass 28 +32.2 <003 ' 29 +32.9 +10.6 22.3 FAIL Pass Pass Pass 30 +32.6 +18.0 14.6 Pass Pass Pass Pass 31 +33.1 +18.8 14.3 Pass Pass Pass Pass ' 32 +33.2 +21.2 12.0 Pass Pass Pass Pass 33 +34.2 +19.3 14.9 Pass Pass Pass Pass 34 +33.5 +19.4 14.1 Pass Pass Pass Pass 35 +33.3 +18.6 14.7 Pass Pass Pass Pass , 36 +31.4 +16.4 15.0 Pass Pass Pass Pass 37 +32.9 +16.9 16.0 Pass Pass Pass Pass 38 +31.7 +15.3 16.4 Pass Pass Pass Pass ' 39 <003 <003 40 +19.1 +13.2 05.9 FAIL Pass Pass FAIL 41 +16.8 +13.2 03.6 FAIL Pass FAIL FAIL 42 +20.1 <003 ' ' E3SI Vail Evaluation vail-raw Page 5 , ~ ' ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 11:22 Peak-to-Valley 29.9 dB Temp +42.2 F(+05.7 C) Test Point Line 1 Output ' Location_ File 19 Test By M. Bennett Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB , # Visual Aural Ratio Ratio Min Ad' Overall 02 +40.6 +26.7 13.9 Pass Pass Pass Pass 03 +90.3 +32.5 07.8 FAIL Pass Pass Pass 04 +41.8 +27,5 14.3 Pass Pass Pass Pass ' 05 +24.3 <013 06 <013 +27.3 95 +20.4 +29.3 08.9 FAIL Pass FAIL FAIL 96 +42.5 +32.2 10.3 Pass Pass FAIL Pass ' 97 +26.7 +42.8 16.1 Pass Pass FAIL FAIL 98 +42.7 +28.0 14.7 Pass Pass FAIL Pass 99 +44.2 +29.6 14.6 Pass Pass Pass Pass ' 14 +44.7 +30.1 14.6 Pass Pass FAIL Pass 15 +25.3 +16.2 09.1 FAIL Pass FAIL FAIL 16 +24.2 <013 17 +45.0 +29.7 15.3 Pass Pass FAIL Pass ' 18 +25.1 +14.0 11.1 Pass Pass FAIL FAIL 19 +45.2 +30.3 14.9 Pass Pass FAIL Pass 20 +46.3 +37.2 09.1 FAIL Pass Pass Pass ' 21 +94.7 +38.5 06.2 FAIL Pass Pass Pass 22 +93.6 +34.8 08.8 FAIL Pass Pass Pass 07 +46.2 +32.3 13.9 Pass Pass FAIL Pass 08 +41.4 +26.2 15.2 Pass Pass FAIL Pass ' 09 +47.0 +32.5 14.5 Pass Pass FAIL Pass 10 +45.4 +31.6 13.8 Pass Pass Pass Pass 11 +47.2 +31.3 15.9 Pass Pass Pass Pass ' 12 +48.2 +32.2 16.0 Pass Pass Pass Pass 13 +47.8 +32.9 14.9 Pass Pass Pass Pass 23 +47.1 +30.0 17.1 FAIL Pass FAIL Pass 24 +42.8 +30.6 12.2 Pass Pass FAIL Pass ' 25 +48.1 +33.5 14.6 Pass Pass FAIL Pass 26 +48.3 +34.3 14.0 Pass Pass Pass Pass 27 +48.6 +34.5 14.1 Pass Pass Pass Pass 28 +49.4 +18.5 30.9 FAIL Pass Pass Pass ' 29 +50.3 +27.7 22.6 FAIL Pass Pass Pass 30 +49.7 +35.2 14.5 Pass Pass Pass Pass 31 +50.1 +35.9 14.2 Pass Pass Pass Pass ' 32 +49.3 +37.5 11.8 Pass Pass Pass Pass 33 +48.9 +36.3 12.6 Pass Pass Pass Pass 34 +49.1 +34.8 14.3 Pass Pass Pass Pass 35 +50.3 +33.5 16.8 Pass Pass Pass Pass ' 36 +49.3 +33.2 16.1 Pass Pass Pass Pass 37 +49.2 +33.1 16.1 Pass Pass Pass Pass 38 +46.8 +33.7 13.1 Pass Pass Pass Pass ' 39 <013 <013 40 +36.1 +31.3 04.8 FAIL Pass Pass FAIL 41 +36.2 +31.0 05.2 FAIL Pass Pass FAIL 42 +37.8 <013 ' ' ~ E3SI Vail Evaluation vail-raw Page 6 ' ~ ~ ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 11:32 Peak-to-Valley 27.4 dB Temp +41.9 F(+05.5 C) Test Point ' Location_ File 20 Test By Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB ' # Visual Aural Ratio Ratio Min Ad' Overall 02 +41.6 +27.9 13.7 Pass Pass Pass FAIL 03 +42.2 +33.8 08.4 FAIL Pass Pass FAIL 04 +43.5 +29.1 14.4 Pass Pass Pass Pass ' 05 <013 <013 06 <013 +28.8 95 +26.7 +31.8 05.1 FAIL Pass FAIL FAIL ' 96 +45.0 +37.3 07.7 FAIL Pass FAIL Pass 97 +28.8 +44.7 15.9 Pass Pass FAIL FAIL 98 +45.2 +30.0 15.2 Pass Pass FAIL Pass 99 +46.5 +32.5 14.0 Pass Pass Pass Pass , 14 +45.5 +32.4 13.1 Pass Pass FAIL Pass 15 +28.6 +19.4 09.2 FAIL Pass FAIL FAIL 16 +25.9 +16.2 09.7 FAIL Pass FAIL FAIL 17 +47.5 +31.3 16.2 Pass Pass FAIL Pass ' 18 +26.8 +15.1 11.7 Pass Pass FAIL FAIL 19 +48.2 +32.0 16.2 Pass Pass FAIL Pass 20 +49.5 +39.5 10.0 Pass Pass Pass Pass ' 21 +47.7 +38.5 09.2 FAIL Pass Pass Pass 22 +46.6 +39.6 07.0 FAIL Pass Pass Pass 07 +47.6 +34.4 13.2 Pass Pass FAIL Pass 08 +43.6 +28.8 14.8 Pass Pass FAIL Pass ' 09 +48.0 +34.8 13.2 Pass Pass FAIL Pass 10 +46.4 +34.4 12.0 Pass Pass Pass Pass 11 +48.1 +32.3 15.8 Pass Pass Pass Pass ' 12 +49.2 +34.7 14.5 Pass Pass Pass Pass 13 +50.7 +34.5 16.2 Pass Pass Pass Pass 23 +50.2 +32.5 17.7 FAIL Pass FAIL Pass 24 +44.5 +33.8 10.7 Pass Pass FAIL Pass ' 25 +51.0 +35.3 15.7 Pass Pass FAIL Pass 26 +51.6 +37.5 14.1 Pass Pass Pass Pass 27 +51.4 +33.8 17.6 FAIL Pass Pass Pass 28 +52.4 +20.5 31.9 FAIL Pass Pass Pass ' 29 +52.6 +29.0 23.6 FAIL Pass Pass Pass 30 +51.0 +38.7 12.3 Pass Pass Pass Pass 31 +52.1 +39.3 12.8 Pass Pass Pass Pass ' 32 +50.3 +41.1 09.2 FAIL Pass Pass Pass 33 +51.1 +38.5 12.6 Pass Pass Pass Pass 34 +50.8 +37.6 13.2 Pass Pass Pass Pass 35 +51.4 +35.2 16.2 Pass Pass Pass Pass ' 36 +49.5 +35.8 13.7 Pass Pass FAIL Pass 37 +53.3 +34.6 18.7 FAIL Pass FAIL Pass 38 +49.9 +35.1 14.8 Pass Pass FAIL Pass ' 39 <013 <013 40 +39.0 +33.0 06.0 FAIL Pass Pass FAIL 41 +39.3 +33.4 05.9 FAIL Pass Pass FAIL 42 +39.4 <013 ' ' E3si Vail Evaluation vail-raw Page 7 ' e ~ ' CALAN Form 2010-FCC-1 of 1 Date 20NOV97 Cascade Time 11:39 Peak-to-Valley 30.6 dB Temp +40.8 F(+04.9 C) Test Point Line 2 Output ' Location_ File 21 Test By M. Bennett Ch Signal Level Data V:A 10-17 dB +03.0 dBmV 03.0 dB 11.0 dB ' # Visual Aural Ratio Ratio Min Ad' Overall 02 +39.3 +26.4 12.9 Pass Pass Pass FAIL 03 +38.9 +31.3 07.6 FAIL Pass FAIL FAIL 04 +42.9 +28.3 14.6 Pass Pass FAIL Pass ' 05 <013 <013 06 <013 +27.2 95 +21.9 +31.1 09.2 FAIL Pass FAIL FAIL ' 96 +41.6 +34.9 06.7 FAIL Pass FAIL Pass 97 +27.4 +43.4 16.0 Pass Pass FAIL FAIL 98 +44.3 +29.0 15.3 Pass Pass FAIL Pass 99 +45.0 +32.3 12.7 Pass Pass Pass Pass ' 14 +44.4 +30.9 13.5 Pass Pass FAIL Pass 15 +26.5 +17.2 09.3 FAIL Pass FAIL FAIL 16 +25.9 +13.9 12.0 Pass Pass FAIL FAIL 17 +45.6 +29.9 15.7 Pass Pass FAIL Pass ' 18 +26.0 +14.9 11.1 Pass Pass FAIL FAIL 19 +48.3 +32.1 16.2 Pass Pass FAIL Pass 20 +46.7 +37.7 09.0 FAIL Pass Pass Pass , 21 +48.3 +39.2 09.1 FAIL Pass Pass Pass 22 +48.6 +38.7 09.9 FAIL Pass Pass Pass 07 +46.4 +34.9 11.5 Pass Pass FAIL Pass 08 +42.2 +28.5 13.7 Pass Pass FAIL Pass ~ 09 +49.0 +33.9 15.1 Pass Pass FAIL Pass 10 +46.5 +35.1 11.4 Pass Pass Pass Pass 11 +47.5 +32.1 15.4 Pass Pass Pass Pass ' 12 +49.6 +33.5 16.1 Pass Pass Pass Pass 13 +50.7 +35.1 15.6 Pass Pass Pass Pass 23 +49.3 +32.7 16.6 Pass Pass FAIL Pass 24 +43.4 +32.7 10.7 Pass Pass FAIL Pass , 25 +51.4 +34.7 16.7 Pass Pass FAIL Pass 26 +50.1 +37.5 12.6 Pass Pass Pass Pass 27 +49.8 +32.3 17.5 FAIL Pass Pass Pass 28 +52.5 +18.2 39.3 FAIL Pass Pass Pass , 29 +51.0 +28.2 22.8 FAIL Pass Pass Pass 30 +48.8 +37.1 11.7 Pass Pass Pass Pass 31 +50.6 +35.8 14.8 Pass Pass Pass Pass ' 32 +48.6 +39.2 09.4 FAIL Pass Pass Pass 33 +48.3 +37.0 11.3 Pass Pass Pass Pass 34 +48.5 +34.7 13.8 Pass Pass Pass Pass 35 +49,9 +33.0 16.9 Pass Pass Pass Pass , 36 +48.6 +34.1 14.5 Pass Pass Pass Pass 37 +50.4 +31.3 19.1 FAIL Pass Pass Pass 38 +47.7 +32.2 15.5 Pass Pass Pass Pass t 39 <013 <013 40 +36.5 +29.8 06.7 FAIL Pass Pass FAIL 41 +35.2 +29.1 06.1 FAIL Pass Pass FAIL 42 +36.3 <013 , 43 <013 <013 44 <013 <013 45 <013 <013 ' 46 <013 <013 47 <013 <013 48 <013 <013 g___ E3SI Vail Evaluation vail-raw Pa e 8 ' ~ ' ' CFR 47, Part 76, Section 76.605 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ E'SI Vail Page 22 ' , ' [Code of Federal Regulations] [Title 47, Volume 4, Parts 70 to 79] , [Revised as of October 1, 1996] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR76] ' [Page 519-5321 TITLE 47--TELECOMMUNICATION ' CHAPTER I--FEDERAL CONIIMUNICATIONS CONIIMISSION (Continued) PART 76--CABLE TELEVISION SERVICE--Table of Contents ' Subpart K--Technical Standards Sec. 76.601 Performance tests. ' (a) The operator of each cable television system shall be responsible for insuring that each such system is designed, installed, , and operated in a manner that fully complies with the provisions of this subpart. Each system operator shall be prepared to show, on request by an authorized representative of the Commission or the local franchiser, that the system does, in fact, comply with the rules. ' (b) The operator of each cable television system shall maintain at its local office a current listing of the cable television channels which that system delivers to its subscribers. ' (c) The operator of each cable television system shall conduct complete performance tests of that system at least twice each calendar year (at intervals not to exceed seven months), unless otherwise noted below, and shall maintain the resulting test data on file at the ' operator's local business office for at least five (5) years. The test data shall be made available for inspection by the Commission or the local franchiser, upon request. The performance tests shall be directed at determining the extent to which the system complies with all the ' technical standards set forth in Sec. 76.605(a) and shall be as follows: (1) For cable television systems with 1000 or more subscribers but with 12,500 or fewer subscribers, proof-of-performance tests conducted ' pursuant to this section shall include measurements taken at six (6) widely separated points. However, within each cable system, one additional test point shall be added for every additional 12,500 subscribers or fraction thereof (e.g., 7 test points if 12,501 to 25,000 , subscribers; 8 test points if 25,001 to 37,500 subscribers, etc.). In addition, for technically integrated portions of cable systems that are not mechanically continuous (i.e., employing microwave connections), at ' least one test point will be required for each portion of the cable system served by a technically integrated microwave hub. The proof-of- performance test points chosen shall be balanced to represent all geographic areas served by the cable system. At least one-third of the ' test points shall be representative of subscriber terminals most distant from the system input and from each microwave receiver (if microwave transmissions are employed), in terms of cable length. The measurements may be taken at ' [[Page 520]] ' convenient monitoring points in the cable network: Provided, that data ' ' ' shall be included to relate the measured performance of the system as would be viewed from a nearby subscriber terminal. An identification of the instruments, including the makes, model numbers, and the most recent ' date of calibration, a description of the procedures utilized, and a statement of the qualifications of the person performing the tests shall also be included. ' (2) Proof-of-performance tests to determine the extent to which a cable television system complies with the standards set forth in Sec. 76.605(a) (3), (4), and (5) shall be made on each of the NTSC or similar video channels of that system. Unless otherwise as noted, proof- ' of-performance tests for all other standards in Sec. 76.605(a) shall be made on a minimum of four (4) channels plus one additional channel for every 100 MHz, or fraction thereof, of cable distribution system upper , frequency limit (e.g., 5 channels for cable television systems with a cable distribution system upper frequency limit of 101 to 216 MHz; 6 channels for cable television systems with a cable distribution system upper frequency limit of 217-300 MHz; 7 channels for cable television ' systems with a cable distribution upper frequency limit to 300 to 400 MHz, etc.). The channels selected for testing must be representative of all the channels within the cable television system. ' (3) The operator of each cable television system shall conduct semi- annual proof-of-performance tests of that system, to determine the extent to which the system complies with the technical standards set forth in Sec. 76.605(a)(4) as follows. The visual signal level on each ' channel shall be measured and recorded, along with the date and time of the measurement, once every six hours (at intervals of not less than five hours or no more than seven hours after the previous measurement), to include the warmest and the coldest times, during a 24-hour period in ' January or February and in July or August. (4) The operator of each cable television system shall conduct triennial proof-of-performance tests of its system to determine the ' extent to which the system complies with the technical standards set forth in Sec. 76.605(a)(11). (d) Successful completion of the performance tests required by paragraph (c) of this section does not relieve the system of the ' obligation to comply with all pertinent technical standards at all subscriber terminals. Additional tests, repeat tests, or tests involving specified subscriber terminals may be required by the Commission of the , local franchiser to secure compliance with the technical standards. (e) The provisions of paragraphs (c) and (d) of this section shall not apply to any cable television system having fewer than 1,000 subscribers: Provided, however, that any cable television system using ' any frequency spectrum other than that allocated to over-the-air television and FM broadcasting (as described in Sec. 73.603 and Sec. 73.210 of this chapter) is required to conduct all tests, measurements and monitoring of signal leakage that are required by this ' subpart. A cable television system operator complying with the monitoring, logging and the leakage repair requirements of Sec. 76.614, shall be considered to have met the requirements of this paragraph. ' However, the leakage log, shall be retained for five years rather than the two years prescribed in Sec. 76.614. Note: Prior to requiring any additional testing pursuant to , Sec. 76.601(d), the local franchising authority shall notify the cable operator who will be allowed thirty days to come into compliance with any perceived signal quality problems which need to be corrected. The ' Commission may request cable operators to test their systems at any ' ' ' time. [57 FR 11001, Apr. 1, 1992, as amended at 57 FR 61010, Dec. 23, 1992] ' Sec. 76.605 Technical standards. ' (a) As of December 30, 1992, unless otherwise noted, the following requirements apply to the performance of a cable television system as measured at any subscriber terminal with a matched impedance at the termination point or at the output of the modulating or processing , equipment (generally the headend) of the cable television system or otherwise as noted. The requirements are applicable to each NTSC or similar video downstream cable television channel in the system: ' [[Page 521]] (1)(i) The cable television channels delivered to the subscriber's ' terminal shall be capable of being received and displayed by TV broadcast receivers used for off-the-air reception of TV broadcast signals, as authorized under part 73 of this chapter; and ' (ii) Cable television systems shall transmit signals to subscriber premises equipment on frequencies in accordance with the channel allocation plan set forth in the Electronics Industries Association's " Cable Television Channel Identification Plan, EIA IS-132, May 1994 " ' (EIA IS-132). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR Part 51. Cable systems are required to use this channel allocation plan for signals transmitted in the frequency range 54 MHz to 1002 MHz. ' This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR Part 51. Copies of EIA IS-132 may be obtained from: Global Engineering Documents, ' 2805 McGraw Ave., Irvine CA 92714. Copies of EIA IS-132 may be inspected during normal business hours at the following locations: Federal Communications Commission, 1919 M Street, NW, Dockets Branch (Room 239), Washington, DC, or the Office of the Federal Register, 800 North Capitol ' Street, NW., suite 700, Washington, DC. This requirement is applicable on May 31, 1995, for new and re-built cable systems, and on June 30, 1997, for all cable systems. , (2) The aural center frequency of the aural carrier must be 4.5 MHz <plus-minus> 5 kHz above the frequency of the visual carrier at the output of the modulating or processing equipment of a cable television system, and at the subscriber terminal. ' (3) The visual signal level, across a terminating impedance which correctly matches the internal impedance of the cable system as viewed from the subscriber terminal, shall not be less than 1 millivolt across an internal impedance of 75 ohms (0 dBmV). Additionally, as measured at ' the end of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, it shall not be less than 1.41 millivolts across an internal impedance of 75 ohms (+3 dBmV). (At other impedance values, the ' minimum visual signal level, as viewed from the subscriber terminal, shall be the square root of 0.0133 (Z) millivolts and, as measured at the end of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, shall be 2 times the square root of 0.00662(Z) ' millivolts, where Z is the appropriate impedance value.) (4) The visual signal level on each channel, as measured at the end of a 30 meter cable drop that is connected to the subscriber tap, shall ' not vary more than 8 decibels within any six-month interval, which must ' ~ ' include four tests performed in six-hour increments during a 24-hour period in July or August and during a 24-hour period in January or February, and shall be maintained within: ~ (i) 3 decibels (dB) of the visual signal level of any visual carrier within a 6 MHz nominal frequency separation; (ii) 10 dB of the visual signal level on any other channel on a ' cable television system of up to 300 MHz of cable distribution system upper frequency limit, with a 1 dB increase for each additional 100 MHz of cable distribution system upper frequency limit (e.g., 11 dB for a system at 301-400 MHz; 12 dB for a system at 401-500 MHz, etc.); and 1 (iii) A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal does not occur. (5) The rms voltage of the aural signal shall be maintained between , 10 and 17 decibels below the associated visual signal level. This requirement must be met both at the subscriber terminal and at the output of the modulating and processing equipment (generally the headend). For subscriber terminals that use equipment which modulate and ' remodulate the signal (e.g., baseband converters), the rms voltage of the aural signal shall be maintained between 6.5 and 17 decibels below the associated visual signal level at the subscriber terminal. ~ (6) The amplitude characteristic shall be within a range of <plus-minus>2 decibels from 0.75 MHz to 5.0 MHz above the lower boundary frequency of the cable television channel, referenced to the ' [[Page 522]] average of the highest and lowest amplitudes within these frequency boundaries. , (i) Prior to December 30, 1999, the amplitude characteristic may be measured after a subscriber tap and before a converter that is provided and maintained by the cable operator. ' (ii) As of December 30, 1999, the amplitude characteristic shall be measured at the subscriber terminal. (7) The ratio of RF visual signal level to system noise shall be as follows: ' (i) From June 30, 1992, to June 30, 1993, shall not be less than 36 decibels. (ii) From June 30, 1993 to June 30, 1995, shall not be less than 40 ' decibels. (iii) As of June 30, 1995, shall not be less then 43 decibels. (iv) For class I cable television channels, the requirements of paragraphs (a)(7)(i), (a)(7)(ii) and (a)(7)(iii) of this section are ' applicable only to: (A) Each signal which is delivered by a cable television system to subscribers within the predicted Grade B contour for that signal; (B) Each signal which is first picked up within its predicted Grade ' B contour; (C) Each signal that is first received by the cable television system by direct video feed from a TV broadcast station, a low power TV ' station, or a TV translator station. (8) The ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermodulation products, second and third order distortions or discrete-frequency interfering signals not , operating on proper offset assignments shall be as follows: (i) The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for noncoherent channel cable television , systems, when measured with modulated carriers and time averaged; and 1 , ' (ii) The ratio of visual signal level to coherent disturbances which are frequency-coincident with the visual carrier shall not be less than ~ 47 decibels for coherent channel cable systems, when measured with modulated carriers and time averaged. (9) The terminal isolation provided to each subscriber terminal: (i) Shall not be less than 18 decibels. In lieu of periodic testing, ~ the cable operator may use specifications provided by the manufacturer for the terminal isolation equipment to meet this standard; and (ii) Shall be sufficient to prevent reflections caused by open- circuited or short-circuited subscriber terminals from producing visible , picture impairments at any other subscriber terminal. (10) The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances (hum or repetitive transients) , generated within the system, or by inadequate low frequency response, shall not exceed 3 percent of the visual signal level. Measurements made on a single channel using a single unmodulated carrier may be used to demonstrate compliance with this parameter at each test location. ' (11) As of June 30, 1995, the following requirements apply to the performance of the cable television system as measured at the output of the modulating or processing equipment (generally the headend) of the 1 system: (i) The chrominance-luminance delay inequality (or chroma delay), which is the change in delay time of the chrominance component of the signal relative to the luminance component, shall be within 170 ' nanoseconds. (ii) The differential gain for the color subcarrier of the television signal, which is measured as the difference in amplitude ' between the largest and smallest segments of the chrominance signal (divided by the largest and expressed in percent), shall not exceed <plus-minus>20%. (iii) The differential phase for the color subcarrier of the ' television signal which is measured as the largest phase difference in degrees between each segment of the chrominance signal and reference segment (the segment at the blanking level of O IRE), shall not exceed <plus-minus>10 degrees. , (12) As an exception to the general provision requiring measurements to be made at subscriber terminals, and without regard to the type of signals carried by the cable television system, signal leakage from a ' cable television system shall be measured in accordance with the procedures outlined in [[Page 523]] ' Sec. 76.609(h) and shall be limited as follows: ' Signal leakage Frequencies limit Distance in ' (micro-volt/ meters (m) meter) Less than and including 54 MHz, and over 216 ' MHz 15 30 Over 54 up to and including 216 MHz 20 3 ' , , ' (b) Cable television systems distributing signals by using methods such as nonconventional coaxial cable techniques, noncoaxial copper ' cable techniques, specialized coaxial cable and fiber optical cable hybridization techniques or specialized compression techniques or specialized receiving devices, and which, because of their basic design, cannot comply with one or more of the technical standards set forth in , paragraph (a) of this section, may be permitted to operate: Provided, That an adequate showing is made pursuant to Sec. 76.7 which establishes that the public interest is benefited. In such instances, the Commission may prescribe special technical requirements to ensure that subscribers , to such systems are provided with an equivalent level of good quality service. , Note 1: Local franchising authorities of systems serving fewer than 1000 subscribers may adopt standards less stringent than those in Sec. 76.605(a). Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance records. ' Note 2: For systems serving rural areas as defined in Sec. 76.5, the system may negotiate with its local franchising authority for standards 1 less stringent than those in Secs. 76.605(a)(3), 76.605(a)(7), 76.605(a)(8), 76.605(a)(10) and 76.605(a)(11). Any such agreement shall be reduced to writing and be associated with the system's proof-of- performance records. ! Note 3: The requirements of this section shall not apply to devices subject to the provisions of Secs. 15.601 through 15.626. ' Note 4: Should subscriber complaints arise from a system failing to meet Sec. 76.605(a)(6) prior to December 30, 1999, the cable operator will be required to provide a converter that will allow the system to , meet the standard immediately at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the Commission may order all converters on the system be changed to meet the standard. ' Note 5: Should subscriber complaints arise from a system failing to meet Sec. 76.605(a)(10), the cable operator will be required to remedy the complaint and perform test measurements on Sec. 76.605(a)(10) , containing the full number of channels as indicated in Sec. 76.601(c)(2) at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the Commission may order that the full number of channels as indicated in Sec. 76.601(c)(2) be tested at all required ' locations for future proof-of-performance tests. Note 6: No State or franchising authority may prohibit, condition, ' or restrict a cable system's use of any type of subscriber equipment or any transmission technology. [37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 40 ' FR 2690, Jan. 15, 1975; 40 FR 3296, Jan. 21, 1975; 41 FR 53028, Dec. 3, 1976; 42 FR 21782, Apr. 29, 1977; 47 FR 21503, May 18, 1982; 50 FR 52466, Dec. 24, 1985; 51 FR 1255, Jan. 10, 1986; 52 FR 22461, June 12, 1987; 57 FR 11002, Apr. 1, 1992; 57 FR 61010, Dec. 23, 1992; 58 FR ' 44952, Aug. 25, 1993; 59 FR 25342, May 16, 1994; 61 FR 18510, Apr. 26, 1996; 61 FR 18978, Apr. 30, 1996) ' Sec. 76.606 Closed captioning. , , , (a) As of June 30, 1992, the operator of each cable television system shall not take any action to remove or alter closed captioning ' data contained on line 21 of the vertical blanking interval. (b) As of July 1, 1993, the operator of each cable television system shall deliver intact closed captioning data contained on line 21 of the ' vertical blanking interval, as it arrives at the headend or from another origination source, to subscriber terminals and (when so delivered to the cable system) in a format that can be recovered and displayed by decoders meeting Sec. 15.119 of this chapter. , [57 FR 11003, Apr. 1, 19923 ~ Sec. 76.607 Resolution of complaints. Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal , delivered. These records shall be maintained for at least a one-year period. Aggregate data based upon these complaints shall be made available for inspection by the Commission and franchising authorities, ' upon request. Subscribers shall be advised, at least once each calendar year, of the procedures for resolution [(Page 524]1 ' of complaints by the cable system operator, including the address of the responsible officer of the local franchising authority. ' Note: Prior to being referred to the Commission, complaints from subscribers about the quality of the television signal delivered must be referred to the local franchising authority and the cable system ' operator. [57 FR 61011, Dec. 23, 1992] ' Sec. 76.609 Measurements. (a) Measurements made to demonstrate conformity with the performance ' requirements set forth in Secs. 76.601 and 76.605 shall be made under conditions which reflect system performance during normal operations, including the effect of any microwave relay operated in the Cable Television Relay (CARS) Service intervening between pickup antenna and ' the cable distribution network. Amplifiers shall be operated at normal gains, either by the insertion of appropriate signals or by manual adjustment. Special signals inserted in a cable television channel for measurement purposes should be operated at levels approximating those ' used for normal operation. Pilot tones, auxiliary or substitute signals, and nontelevision signals normally carried on the cable television system should be operated at normal levels to the extent possible. Some ' exemplary, but not mandatory, measurement procedures are set forth in this section. (b) When it may be necessary to remove the television signal normally carried on a cable television channel in order to facilitate a 1 performance measurement, it will be permissible to disconnect the antenna which serves the channel under measurement and to substitute therefor a matching resistance termination. Other antennas and inputs ' should remain connected and normal signal levels should be maintained on ' , , other channels. (c) As may be necessary to ensure satisfactory service to a subscriber, the Commission may require additional tests to demonstrate ~ system performance or may specify the use of different test procedures. (d) The frequency response of a cable television channel may be determined by one of the following methods, as appropriate: ' (1) By using a swept frequency or a manually variable signal generator at the sending end and a calibrated attenuator and frequency- selective voltmeter at the subscriber terminal; or (2) By using either a multiburst generator or vertical interval test ' signals and either a modulator or processor at the sending end, and by using either a demodulator and either an oscilloscope display or a waveform monitor display at the subscriber terminal. ' (e) System noise may be measured using a frequency-selective voltmeter (field strength meter) which has been suitably calibrated to indicate rms noise or average power level and which has a known bandwidth. With the system operating at normal level and with a properly , matched resistive termination substituted for the antenna, noise power indications at the subscriber terminal are taken in successive increments of frequency equal to the bandwidth of the frequency- selective voltmeter, summing the power indications to obtain the total 1 noise power present over a 4 MHz band centered within the cable television channel. If it is established that the noise level is constant within this bandwidth, a single measurement may be taken which ~ is corrected by an appropriate factor representing the ratio of 4 MHz to the noise bandwidth of the frequency-selective voltmeter. If an amplifier is inserted between the frequency-selective voltmeter and the subscriber terminal in order to facilitate this measurement, it should , have a bandwidth of at least 4 MHz and appropriate corrections must be made to account for its gain and noise figure. Alternatively, measurements made in accordance with the NCTA Recommended Practices for ' Measurements on Cable Television Systems, 2nd edition, November 1989, on noise measurement may be employed. (f) The amplitude of discrete frequency interfering signaTs within a cable television channel may be determined with either a spectrum ' analyzer or with a frequency-selective voltmeter (field strength meter), which instruments have been calibrated for adequate accuracy. If calibration accuracy ' [[Paqe 525]] is in doubt, measurements may be referenced to a calibrated signal ' generator, or a calibrated variable attenuator, substituted at the point of ineasurement. If an amplifier is used between the subscriber terminal and the measuring instrument, appropriate corrections must be made to account for its gain. ~ (g) The terminal isolation between any two terminals in the cable television system may be measured by applying a signal of known amplitude to one terminal and measuring the amplitude of that signal at ' the other terminal. The frequency of the signal should be close to the midfrequency of the channel being tested. Measurements of terminal isolation are not required when either: (1) The manufacturer's specifications for subscriber tap isolation ~ based on a representative sample of no less than 500 subscribers taps or (2) Laboratory tests performed by or for the operator of a cable television system on a representative sample of no less than 50 ' subscriber taps, indicates that the terminal isolation standard of ' ' i Sec. 76.605(a)(9) is met. To demonstrate compliance with Sec. 76.605(a)(9), the operator of a ' cable television system shall attach either such manufacturer's specifications or laboratory measurements as an exhibit to each proof- of-performance record. ' (h) Measurements to determine the field strength of the signal leakage emanated by the cable television system shall be made in accordance with standard engineering procedures. Measurements made on frequencies above 25 MHz shall include the following: ' (1) A field strength meter of adequate accuracy using a horizontal dipole antenna shall be employed. (2) Field strength shall be expressed in terms of the rms value of ' synchronizing peak for each cable television channel for which signal leakage can be measured. (3) The resonant half wave dipole antenna shall be placed 3 meters from and positioned directly below the system components and at 3 meters , above ground. Where such placement results in a separation of less than 3 meters between the center of the dipole antenna and the system components, or less than 3 meters between the dipole and ground level, , the dipole shall be repositioned to provide a separation of 3 meters from the system components at a height of 3 meters or more above ground. (9) The horizontal dipole antenna shall be rotated about a vertical axis and the maximum meter reading shall be used. ' (5) Measurements shall be made where other conductors are 3 or more meters (10 or more feet) away from the measuring antenna. (i) For systems using cable traps and filters to control the delivery of specific channels to the subscriber terminal, measurements ~ made to determine compliance with Sec. 76.605(a) (5) and (6) may be performed at the location immediately prior to the trap or filter for the specific channel. The effects of these traps or filters, as ' certified by the system engineer or the equipment manufacturer, must be attached to each proof-of-performance record. (j) Measurements made to determine the differential gain, differential phase and the chrominance-luminance delay inequality ' (chroma delay) shall be made in accordance with the NCTA Recommended Practices for Measurements on Cable Television Systems, 2nd edition, November 1989, on these parameters. ' [37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 41 FR 10067, Mar. 9, 1976; 42 FR 21782, Apr. 29, 1977; 49 FR 45441, Nov. 16, 1984; 57 FR 11004, Apr. 1, 1992; 57 FR 61011, Dec. 23, 1992; 58 FR ~ 44952, Aug. 25, 1993] Sec. 76.610 Operation in the frequency bands 108-137 and 225-400 MHz-- Scope of application. ' The provisions of Secs. 76.611 (effective July 1, 1990), 76.612, 76.613, 76.614 and 76.615 are applicable to all cable television systems , transmitting carriers or other signal components carried at an average power level equal to or greater than 10<SUP>-9 watts across a 25 kHz bandwidth in any 160 microsecond period, at any point in the cable distribution system in the frequency bands 108-137 and 225-400 MHz for , any purpose. For grandfathered systems, refer to Secs. 76.618 and 76.619. ' [[Page 526]] ' , ' Note 1: See the provisions of Sec. 76.616 for cable oPeration near certain aeronautical and marine emergency radio frequencies. ' Note 2: Until January 1, 1990, the band 136-137 MHz is allocated as an alternative allocation to the space operation, meteorological- ' satellite service and the space research service on a primary basis. After January 1, 1990, the space service will become secondary to aeronautical mobile service radio. Until January 1, 1990, the band 136 to 137 MHz is excluded from the rule sections regarding protection of , aeronautical frequencies. [50 FR 29399, July 19, 1985] ~ Sec. 76.611 Cable television basic signal leakage performance criteria. (a) No cable television system shall commence or provide service in , the frequency bands 108-137 and 225-400 MHz unless such systems is in compliance with one of the following cable television basic signal leakage performance criteria: , (1) prior to carriage of signals in the aeronautical radio bands and at least once each calendar year, with no more than 12 months between successive tests thereafter, based on a sampling of at least 75$ of the cable strand, and including any portion of the cable system which are ' known to have or can reasonably be expected to have less leakage integrity than the average of the system, the cable operator demonstrates compliance with a cumulative signal leakage index by showing either that (i) 10 log I<INF>3000 is equal to or less than -7 or ' (ii) 10 log I<INF>00 is equal to or less than 64, using one of the following formula: [GRAPHIC] [TIFF OMITTED] TC01MR91.113 ' [GRAPHIC] [TIFF OMITTED] TC01MR91.114 where: , [GRAPHIC] [TIFF OMITTED] TC01MR91.115 r<INF>i is the distance (in meters) between the leakage source and the ~ center of the cable television system; <greek-th> is the fraction of the system cable length actually examined for leakage sources and is equal to the strand kilometers (strand miles) of plant tested divided by the total strand , kilometers (strand miles) in the plant; R<INF>i is the slant height distance (in meters) from leakage source i to a point 3000 meters above the center of the cable television system; , E<INF>i is the electric field strength in microvolts per meter (<greek-m>V/m) measured pursuant to Sec. 76.609(h) 3 meters from the leak i; and , n is the number of leaks found of field strength equal to or greater than 50 <greek-m>V/m pursuant to Section 76.609(h). The sum is carried over all leaks i detected in the cable examined; or ' (2) prior to carriage of signals in the aeronautical radio bands and at least once each calendar year, with no more than 12 months between successive tests thereafter, the cable operator demonstrates by ' measurement in the airspace that at no point does the field strength ~ ' ' generated by the cable system exceed 10 microvolts per meter (<greek-m>V/m) RMS at an altitude of 450 meters above the average terrain of the cable system. The measurement system (including the ' receiving antenna) shall be calibrated against a known field of 10 <greek-m>V/m RMS produced by a well characterized antenna consisting of orthogonal reasonant dipoles, both parallel to and one quarter ' wavelength above the ground plane of a diameter of two meters or more at ground level. The dipoles shall have centers collocated and be excited 90 degrees apart. The half-power bandwidth of the detector shall be 25 kHz. If an aeronautical receiver is used for this purpose it shall meet ' the standards of the Radio Technical Commission for Aeronautics (RCTA) for aeronautical communications receivers. The aircraft antenna shall be horizontally polarized. Calibration shall be made in the community unit , or, if more than one, in any of the community units of the physical system within a reasonable time period to performing the measurements. If data is recorded digitally the 90th percentile level of points recorded over the cable system shall not exceed 10 <greek-m>V/m RMS; if ' analog recordings is used the peak values of the curves, when smoothed according to good engineering practices, shall not exceed 10 <greek-m>V/ m RMS. ' [[Page 527]] (b) In paragraphs (a)(1) and (a)(2) of this section the unmodulated ' test signal used on the cable plant shall: (1) Be within the VHF aeronautical band 108-137 MHz or any other frequency in which the results can be correlated to the VHF aeronautical band and (2) have an average power level equal to the average power level of the strongest , cable television carrier on the system. (c) In paragraph (a)(1) and (2) of this section, if a modulated test signal is used, the test signal and detector technique must, when , considered together, yield the same result as though an unmodulated test signal were used in conjunction with a detection technique which would yield the RMS value of said unmodulated carrier. (d) If a sampling of at least 75% of the cable strand (and including , any portions of the cable system which are known to have or can reasonably be expected to have less leakage integrity than the average of the system) as described in paragraph (a)(1) cannot be obtained by , the cable operator or is otherwise not reasonably feasible, the cable operator shall perform the airspace measurements described in paragraph (a) (2) • (e) Prior to providing service to any subscriber on a new section of , cable plant, the operator shall show compliance with either: (1) The basic signal leakage criteria in accordance with paragraph (a)(1) or (a)(2) of this section for the entire plant in operation or (2) a showing shall be made indicating that no individual leak in the new 1 section of the plant exceeds 20 <greek-m>V/m at 3 meters in accordance with Sec. 76.609 fo the Rules. (f) Notwithstanding paragraph (a) of this section, a cable operator ' shall be permitted to operate on any frequency which is offset pursuant to Sec. 76.612 in the frequency band 108-137 MHz for the purpose of demonstrating compliance with the cable television basic signal leakage performance criteria. , [50 FR 29399, July 19, 1985, as amended at 53 FR 2499, Jan. 28, 1988; 53 FR 5684, Feb. 25, 1988; 58 FR 44952, Aug. 25, 1993] ' , ' ' Sec. 76.612 Cable television frequency separation standards. ' All cable television systems which operate in the frequency bands 108-137 and 225-400 MHz shall comply with the following frequency separation standards: (a) In the aeronautical radiocommunication bands 118-137, 225-328.6 ~ and 335.4-400 MHz, the frequency of all carrier signals or signal components carried at an averaqe power level equal to or greater than 10<SUP>-4 watts in a 25 kHz bandwidth in any 160 microsecond period must operate at frequencies offset from certain frequencies which may be used 1 by aeronautical radio services operated by Commission licensees or by the United States Government or its Agencies. The aeronautical frequencies from which offsets must be maintained are those frequencies , which are within one of the aeronautical bands defined in this subparagraph, and when expressed in MHz and divided by 0.025 yield an integer. The offset must meet one of the following two criteria: (1) Al1 such cable carriers or signal components shall be offset by , 12.5 kHz with a frequency tolerance of <plus-minus>5 kHz; or (2) The fundamental frequency from which the visual carrier frequencies are derived by multiplication by an integer number which ' shall be 6.0003 MHz with a tolerance of <plus-minus>1 Hz (Harmonically Related Carrier (HRC) comb generators only). (b) In the aeronautical radionavigation bands 108-118 and 328.6- 335.4 MHz, the frequency of all carrier signals or signal components ' carrier at an average power level equal to or greater than 10<SUP>-4 watts in a 25 kHz bandwidth in any 160 microsecond period shall be offset by 25 kHz with a tolerance of <plus-minus>5 kHz. The aeronautical 1 radionavigation frequencies from which offsets must be maintained are defined as follows: (1) Within the aeronautical band 108 118 MHz when expressed in MHz and divided by 0.025 yield an even integer. ' (2) Within the band 328.6-335.4 MHz, the radionavigation glide path channels are listed in Section 87.501 of the Rules. [[Page 528]] ! Note: The HRC system, as described above, will meet this requirement in the 328.6-335.4 MHz navigation glide path band. Those Incrementally ~ Related Carriers (IRC) systems, with comb generator reference frequencies set at certain odd multiples equal to or greater than 3 times the 0.0125 MHz aeronautical communications band offset, e.g. (6n + 1.250 <plus-minus> 0.0375) MHz, may also meet the 25 kHz offset , requirement in the navigation glide path band. [50 FR 29400, July 19, 1985] 1 Sec. 76.613 Interference from a cable television system. (a) Harmful interference is any emission, radiation or induction ' which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with this chapter. , (b) The operator of a cable television system that causes harmful interference shall promptly take appropriate measures to eliminate the harmful interference. , (c) If harmful interference to radio communications involving the ' ' ' safety of life and protection of property cannot be promptly eliminated by the appliciation of suitable techniques, operation of the offending cable television system or appropriate elements thereof shall ' immediately be suspended upon notification by the Engineer in Charge (EIC) of the Commission's local field office, and shall not be resumed until the interference has been eliminated to the satisfaction of the ' EIC. When authorized by the EIC, short test operations may be made during the period of suspended operation to check the efficacy of remedial measures. (d) The cable television system operator may be required by the EIC ' to prepare and submit a report regarding the cause(s) of the interference, corrective measures planned or taken, and the efficacy of the remedial measures. ' (Secs. 1, (302); (82 Stat. 290); 47 U.S.C. 151, 302) [42 FR 41296, Aug. 16, 1977] ' Sec. 76.614 Cable television system regular monitoring. , Cable television operators transmitting carriers in the frequency bands 108-137 and 225-400 MHz shall provide for a program of regular monitoring for signal leakage by substantially covering the plant every three months. The incorporation of this monitoring program into the , daily activities of existing service personnel in the discharge of their normal duties will generally cover all portions of the system and will therefore meet this requirement. Monitoring equipment and procedures utilized by a cable operator shall be adequate to detect a leakage ' source which produces a field strength in these bands of 20 <greek-m>V/m or greater at a distance of 3 meters. During regular monitoring, any leakage source which produces a field strength of 20 <greek-m>V/m or ' greater at a distance of 3 meters in the aeronautical radio frequency bands shall be noted and such leakage sources shall be repaired within a reasonable period of time. The operator shall maintain a log showing the date and location of each leakage source identified, the date on which ' the leakage was repaired, and the probable cause of the leakage. The log shall be kept on file for a period of two (2) years and shall be made available to authorized representatives of the Commission upon request. ' [50 FR 29400, July 19, 1985] Sec. 76.615 Notification requirements. , All cable television operators shall comply with each of the following notification requirements: I (a) The operator of the cable system shall notify the Commission annually of all signals carried in the aeronautical radio frequency bands, noting the type of information carried by the signal (television picture, aural, pilot carrier, or system control, etc.) The timely ' filing of FCC Form 325, Schedule 2, will meet this requirement. (b) The operator of a cable system shall notify the Commission before transmitting any carrier or other signal component with an average power level across a 25 kHz bandwidth in any 160 microsecond ' time period equal to or greater than 10<SUP>-4 watts at any point in the cable distribution system on any new frequency or frequencies in the aeronautical radio frequency bands. Such notification shall include: ' (1) Legal name and local address of the cable television operator; ' 1 ' [[Page 529]] ' (2) The names and FCC identifiers (e.g. CA0001) of the system communities affected; (3) The names and telephone numbers of local system officials who ' are responsible for compliance with Secs. 76.610, 76.611 (effective July 1, 1990), and 76.612 through 76.616 of the Rules; (4) Carrier and subcarrier frequencies and tolerance, types of modulation and the maximum average power levels of all carriers and , subcarriers occurring at any location in the cable distribution system. (5) The geographical coordinates of a point near the center of the cable system, together with the distance (in kilometers) from the ' designated point to the most remote point of the cable plant, existing or planned, which defines a circle enclosing the entire cable plant; (6) A description of the routine monitoring procedure to be used; and ' (7) For cable operators subject to Sec. 76.611 (effective July 1, 1990), the cumulative signal leakage index derived under Sec. 76.611(a)(1) (effective July 1, 1990) or the results of airspace , measurements derived under Sec. 76.611(a)(2) (effective July 1, 1990), including a description of the method by which compliance with basic signal leakage criteria is achieved and the method of calibrating the measurement equipment. This information shall be provided to the ' Commission prior to July 1, 1990 and each calendar year thereafter. [50 FR 29400, July 19, 1985] ' Sec. 76.616 Operation near certain aeronautical and marine emergency radio frequencies. , The transmission of carriers or other signal components capable of delivering peak power levels equal to or greater than 10<SUP>-5 watts at any point in a cable television system is prohibited within 100 kHz of the frequency 121.5 MHz, and is prohibited withn 50 kHz of the two ~ frequencies 156.8 MHz and 243.0 MHz. [50 FR 29401, July 19, 1985] ' Sec. 76.617 Responsibility for interference. Interference resulting from the use of cable system terminal ' equipment (including subscriber terminal, input selector switch and any other accessories) shall be the responsibility of the cable system terminal equipment operator in accordance with the provisions of part 15 ' of this chapter: provided, however, that the operator of a cable system to which the cable system terminal equipment is connected shall be responsible for detecting and eliminating any signal leakage where that leakage would cause interference outside the subscriber's premises and/ , or would cause the cable system to exceed the Part 76 signal leakage requirements. In cases where excessive signal leakage occurs, the cable operator shall be required only to discontinue service to the subscriber until the problem is corrected. ' [53 FR 46619, Nov. 18, 1989] ' Sec. 76.618 Grandfathering. ' ~ , Cable television s stems are ermitted to use aer y p onautical frequencies which were requested or granted for use by November 30, ' 1984, under Section 76.619 of the Rules until July l, 1990. [50 FR 29901, July 19, 1985] ' Sec. 76.619 Grandfathered Operation in the frequency bands 108-136 and 225-400 MHz. ' Al1 cable television systems operating in a grandfathered status under Sec. 76.618 of the Rules and transmitting carriers or other signal components capable of delivering peak power equal to or greater than , 10<SUP>-5 watts at any point in the cable system in the frequency bands 108-136 and 225-400 MHz for any purpose are subject to the following requirements: (a) The operator of the cable system shall notify the Commission ~ annually of all signals carried in these bands, noting the type of information carried by the signal (television, aural, or pilot carrier and system control, etc.). The timely filing of FCC Form 325, Schedule , 2, will meet this requirement. [[Page 530]] ' (b) The operator of the cable system shall notify the Commission of the proposed extension of the system radius in these bands. Notification shall include carrier and subcarrier frequencies, types of modulation, the previously notified geographical coordinates, the new system radius , and the maximum peak power occurring at any location in the cable distribution system. No system shall extend its radius in these bands without prior Commission authorization. ' (c) The operator of the cable system shall maintain at its local office a current listing of all signals carried in these bands, noting carrier and subcarrier frequencies, types of modulation, and maximum peak power which occurs at any location within the cable distribution ~ system. (d) The operator of the system shall provide for regular monitoring of the cable system for signal leakage coverinq all portions of the ' cable system at least once each calendar year. Monitoring equipment and procedures shall be adequate to detect leakage sources which produce field strengths in these bands of 20 microvolts per meter at a distance of 3 meters. The operator shall maintain a log showing the date and ' location of each leakage source identified, the date on which the leakage was eliminated, and the probable cause of the leakage. The log shall be kept on file for a period of two (2) years, and shall be made to authorized representatives of the Commission on request. , (e) All carrier signals or signal components capable of delivering peak power equal to or greater than 10<SUP>-5 watts must be operated at frequencies offset from aeronautical radio services operated by , Commission licensees or by the United States Government or its agencies within 111 km (60 nautical miles) of any portion of the cable system as given in paragraph (f) of this section. (The limit of 111 km may be increased by the Commission in cases of " extended service volumes " as ' defined by the Federal Aviation Administration or other federal government agency for low altitude radio navigation or communication services). If an operator of a cable system is notified by the , Commission that a change in operation of an aeronautical radio service ' ' ' will place the cable system in conflict with any of the offset criteria, the cable system operator is responsible for eliminating such conflict ' within 30 days of notification. (f) A minimum frequency offset between the nominal carrier frequency of an aeronautical radio service qualifying under paragraph (d) of this Section and the nominal frequency of any cable system carrier or signal ' component capable of delivering peak power equal to or greater than 10<SUP>-5 watts shall be maintained or exceeded at all times. The minimum frequency offsets are as follows: , Frequenci---------e-s Minimun--------frequency----------offs-----et-s-- ' 108-118 MHz (50+T) kHz. 328.6-335.4 MHz. 108-136 MHz 225-328.6 MHz (100+T) kHz. ~ 335.4-400 MHz ' In this table, T is the absolute value of the frequency tolerance of the cable television signal. The actual frequency tolerance will depend on the equipment and operating procedures of the cable system, but in no case shall the frequency tolerance T exceed <plus-minus>25 kHz in the ' bands 108-136 and 225-400 MHz. [50 FR 29401, July 19, 1985] , Sec. 76.630 Compatibility with consumer electronics equipment. (a) Cable system operators shall not scramble or otherwise encrypt ' signals carried on the basic service tier. Requests for waivers of this prohibition must demonstrate either a substantial problem with theft of basic tier service or a strong need to scramble basic signals for other reasons. As part of this showing, cable operators are required to notify ' subscribers by mail of waiver requests. The notice to subscribers must be mailed no later than thirty calendar days from the date the request waiver was filed with the Commission, and cable operators must inform ' the Commission in writing, as soon as possible, of that notification date. The notification to subscribers must state: On (date of waiver request was filed with the Commission), (cable ' operator's name) [[Page 531]] 1 filed with the Federal Communications Commission a request for waiver of the rule prohibiting scrambling of channels on the basic tier of service. 47 CFR Sec. 76.630(a). The request for waiver states (a brief ' summary of the waiver request). A copy of the request for waiver is on file for public inspection at (the address of the cable operator°s local place of business). Individuals who wish to comment on this request for waiver should ' mail comments to the Federal Communications Commission by no later than 30 days from (the date the notification was mailed to subscribers). Those comments should be addressed to the: Federal Communications ' Commission, Cable Services Bureau, Washington, DC 20554, and should 1 ' , include the name of the cable operator to whom the comments are applicable. Individuals should also send a copy of their comments to (the cable operator at its local place of business). ' Cable operators may file comments in reply no later than 7 days from the date subscriber comments must be filed. ' (b) Cable system operators that provide their subscribers with cable system terminal devices and other customer premises equipment that incorporates remote control capability shall permit the remote operation of such devices with commercially available remote control units or , otherwise take no action that would prevent the devices from being operated by a commercially available remote control unit. Cable system operators are advised that this requirement obliges them to actively ' enable the remote control functions of customer premises equipment where those functions do not operate without a special activation procedure. Cable system operators may, however, disable the remote control functions of a subscriber's customer premises equipment where requested ' by the subscriber. (c) Cable system operators that use scrambling, encryption or similar technologies in conjunction with cable system terminal devices, ' as defined in Sec. 15.3(e) of this chapter, that may affect subscribers' reception of signals shall offer to supply each subscriber with special equipment that will enable the simultaneous reception of multiple signals. The equipment offered shall include a single terminal device ' with dual descramblers/decoders and/or timers and bypass switches. Other equipment, such as two independent set-top terminal devices may be offered at the same time that the single terminal device with dual tuners/descramblers is offered. For purposes of this rule, two set-top ' devices linked by a control system that provides functionality equivalent to that of a single device with dual descramblers is considered to be the same as a terminal device with dual descramblers/ , decoders. (1) The offer of special equipment shall be made to new subscribers at the time they subscribe and to all subscribers at least once each year. ' (2) Such special equipment shall, at a minimum, have the capability: (i) To allow simultaneous reception of any two scrambled or encrypted signals and to provide for tuning to alternative channels on a ' pre-programmed schedule; and (ii) To allow direct reception of all other signals that do not need to be processed through descrambling or decryption circuitry (this capability can generally be provided through a separate by-pass switch ' or through internal by-pass circuitry in a cable system terminal device). (3) Cable system operators shall determine the specific equipment needed by individual subscribers on a case-by-case basis, in ' consultation with the subscriber. Cable system operators are required to make a good faith effort to provide subscribers with the amount and types of special equipment needed to resolve their individual ' compatibility problems. (4) Cable operators shall provide such equipment at the request of individual subscribers and may charge for purchase or lease of the equipment and its installation in accordance with the provisions of the , rate regulation rules for customer premises equipment used to receive the basic service tier, as set forth in Sec. 76.923. Notwithstanding the required annual offering, cable operators shall respond to subscriber , requests for special equipment for reception of multiple signals that ' ' . ' are made at any time. (d) Cable system operators shall provide a consumer education program on compatibility matters to their subscribers in writing, as ' follows: [[Page 532]] , (1) The consumer information program shall be provided to subscribers at the time they first subscribe and at least once a year thereafter. Cable operators may choose the time and means by which they , comply with the annual consumer information requirement. This requirement may be satisfied by a once-a-year mailing to all subscribers. The information may be included in one of the cable ' system's regular subscriber billings. (2) The consumer information program shall include the following information: (i) Cable system operators shall inform their subscribers that some ' models of TV receivers and videocassette recorders may not be able to receive all of the channels offered by the cable system when connected directly to the cable system. In conjunction with this information, ~ cable system operators shall briefly explain, the types of channel compatibility problems that could occur if subscribers connected their equipment directly to the cable system and offer suggestions for resolving those problems. Such suggestions could include, for example, ' the use of a cable system terminal device such as a set-top channel converter. Cable system operators shall also indicate that channel compatibility problems associated with reception of programming that is not scrambled or encrypted programming could be resolved through use of , simple converter devices without descrambling or decryption capabilities that can be obtained from either the cable system or a third party retail vendor. , (ii) In cases where service is received through a cable system terminal device, cable system operators shall indicate that subscribers may not be able to use special features and functions of their TV receivers and videocassette recorders, including features that allow the ' subscriber to: view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; and, use advanced picture ' generation and display features such as " Picture-in-Picture, " channel review and other functions that necessitate channel selection by the consumer device. (iii) In cases where cable system operators offer remote control ' capability with cable system terminal devices and other customer premises equipment that is provided to subscribers, they shall advise their subscribers that remote control units that are compatible with that equipment may be obtained from other sources, such as retail , outlets. Cable system operators shall also provide a representative list of the models of remote control units currently available from retailers that are compatible with the customer premises equipment they employ. , Cable system operators are required to make a good faith effort in compiling this list and will not be liable for inadvertent omissions. This list shall be current as of no more than six months before the date the consumer education program is distributed to subscribers. Cable ' operators are also required to encourage subscribers to contact the cable operator to inquire about whether a particular remote control unit the subscriber might be considering for purchase would be compatible , with the subscriber's customer premises equipment. ' , ' Note to Sec. 76.630: The provisions of ParagraPhs (a) and (b) of this section are applicable July 31, 1994, and June 30, 1994, , respectively. The provisions of paragraphs (c) and (d) of this section are applicable October 31, 1994, except for the requirement under paragraph (c) of this section for cable system operators to supply cable ' system terminal devices with dual tuners (as needed), which is applicable October 31, 1995. The initial offer of special equipment to all subscribers, as required under paragraph (c) of this section, shall be made by October 31, 1994. ' [59 FR 25342, May 16, 1994, as amended at 61 FR 18510, Apr. 26, 1996] ' ' ' ' , ' 1 ' ' 1 ' ' , ~ ORDINANCE NO. 26 SERIES OF 1997 AN ORDINANCE ADOPTING THE TOWN CODE OF VAIL, COLORADO WHEREAS, the Vail Municipal Code was originally published in 1977 and kept current by regular supplementation; and WHEREAS, with the passage of time it was appropriate to review the entire Municipal Code to assure its consistency and appropriate references throughout the document; and WHEREAS, the entire document has been reviewed under the direction of the Town Attorney and Town Clerk. NOW THEREFORE, be it ordained by the Mayor and Town Council of the Town of Vail, Colorado: 1. From and after the date of passage of this Ordinance, the Town Code of the Town of Vail, Colorado prepared by Sterling Codifiers, Inc. containing the compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing body of the Town, shall be accepted in all courts without question as the Official Code and Law of the Town as enacted by the Mayor and Town Council. 2. There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provision of the Official Town Code is identified by the proper catch line and is inserted in the property place in each of the official copies, three (3) copies of which shall be maintained in the office of the Town Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. 3. All ordinances of a general nature included in this Official Town Code shall be considered as a continuation of said ordinance provision and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said Official Town Code. All ordinances of a i special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances and I annexation ordinances shall continue in full force and effect unless specifically repealed or amended 1 Ordinance No. 26, Series of 1997 i ~ e by a provision of the Town Code. Such ordinances aze not intended to be included in the Official Town Code. 4. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town to be misrepresented thereby. 5. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. 6. This Ordinance and the Code adopted by the same shall be in full force and effect from and after its passage and approval in accordance with law, as printed and published in book form by order of the Mayor and Town Council. 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 8. 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. 9. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 10. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 2 Ordinance No. 26, Series of 1997 ~ i INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of December, 1997, and a public hearing shall be held on this Ordinance on the 16th day of December, 1997, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this _ day of December, 1997. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C:\ORD9726 3 Ordinance No. 26, Series of 1997 Pt ORDINANCE NO. 26 SERIES OF 1997 AN ORDINANCE ADOPTING THE TOWN CODE OF VAIL, COLORADO WHEREAS, the Vail Municipal Code was originally published in 1977 and kept current by regular supplementation; and WHEREAS, with the passage of time it was appropriate to review the entire Municipal Code to assure its consistency and appropriate references throughout the document; and WHEREAS, the entire document has been reviewed under the direction of the Town Attorney and Town Clerk. NOW THEREFORE, be it ordained by the Mayor and Town Council of the Town of Vail, Colorado: 1. From and after the date of passage of this Ordinance, the Town Code of the Town of Vail, Colorado prepared by Sterling Codifiers, Inc. containing the compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing body of the Town, shall be accepted in all courts without question as the Official Code and Law of the Town as enacted by the Mayor and Town Council. 2. There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provision of the Official Town Code is identified by the proper catch line and is inserted in the property place in each of the official copies, three (3) copies of which shall be maintained in the office of the Town Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. 3. All ordinances of a general nature included in this Official Town Code shall be considered as a continuation of said ordinance provision and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said Official Town Code. All ordinances of a special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances shall continue in full force and effect unless specifically repealed or amended 1 Ordinance No. 26. Series W 1997 l by a provision of the Town Code. Such ordinances are not intended to be included in the Official Town Code. 4. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner.whatsoever which will cause the law of . , the Town to be misrepresented thereby. 5. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. 6. This Ordinance and the Code adopted by the same shall be in full force and effect from and after its passage and approval in accordance with law, as printed and published in book form by order of the Mayor and Town Council. 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 8. 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. 9. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 10. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 2 Ordinance No. 26, Series of 1997 I ~ INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE 1N FULL ON FIRST READING this 2nd day of December, 1997, and a public hearing shall be held on this Ordinance on the 16th day of December, 1997, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this _ day of December, 1997. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C:lORD97.26 3 Ordinance No. 26, Series of 1997 4VAIL TOWN OF •RLD Office of the Town Manager CHAMPIONSHIPS 75 South Frontage Road Yail, Colorado 81657 99-VAIL-BEA . .R 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: November 26, 1997 SUBJECT: Town Manager's Report Council Retreat I have discussed with several of you the concept of a strategic planning retreat for the new Council. It is my understanding, based upon these discussions, that you would like to hold such a meeting. If the Council is interested in conducting such a retreat, you should begin discussing a date that would work for you. Typically, this type of ineeting lasts a day-and-a-half and is held out of town. However, please let me know how you wish to handle this and I will begin making the necessary arrangements. Dinner With Avon Town Council We have scheduled dinner with the Avon Town Council on Thursday, December 4th. At this time, I do not have a time or location, but it is my expectation it will be held here in Vail. World CuD Races As you are aware, World Cup Races will be held in Beaver Creek the first week in December. This will be the first race where the new downliill at Beaver Creek will be used. We are actively working with the Town of Avon, the Eagle County Regional Transportation Authority, and the Foundation to help provide transportation to the finish area. This is a dry run for the World Championships which will be held in February, 1999. RWM/aw RECYCLBDPAPER NOV-25-1997 14:01 UAIL RECREATION DIST. 303 479 2197 P.02 MINLTTES REGi.TLAR MEETING VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT BOARD QF DIRECTORS 9:00 A.M. Tuesday, October 14, 1997 K.rueger Room, Golf Clubhouse, Seasons at the Gaeen Restaurant 1778 Vail Valley Drive Called to Order at 9:10 a.m. MEMBRRS PRESENT Ross Davis, Kirk Hansen, Bart Cuomo, and Steve Sunonett. EXCUSED ABSENCES Kirk Hansen made a motion to excuse Heimaim Staufer. Bart Guomo seconded. Passed unanimously. OTHERS PRESENT Piet Pieters, Bob Trautz, John Hefly, Shawn Boris, 3ohn Vercolen, Loraine Skolasinski, Kevin Foley, and Phil Hoversten. APPROVAL OF SEPTEMBER 9 & 23 MFETIlNG MINUI'ES Kirk Hansen made a motian to apprnve the minutes. Bart seconded. Passed unanirnously. PUBLIC MLTT ON ITEMS NOT ON AGENDA (?n behalf af the Men's and Women's golf clubs, John Vercolen vvaated to publicly thank the ma;nt A*+sp staff for the great conditions of the coinse this past year. Loraine noted the Womea's clubs participation in weekly activities dnubled due to the cooperation of the VR.D. The men's club had . $7,000 come from ttxe gra shop, and the women's c;Iub had $2,500 from the pro shop. She also stnted they are working on having ail of next years prizes for their events come &nm the pro shop. Also, Vail hag been nominated as one of the friendliest courses by the Women's Senior club. NOV-25-1997 14:02 UAIL RECREATION DIST. 303 479 2197 P.03 Addressing the TOV wuncil member Kevin Foley, as much as the VRD Board members, Phil Hoversten inquired irno the contract the World Wide Church of God had. He questioned the amount of revenue that grvup btought the town for all the inconvenience related to it The hockey club's schedule as we11 as skating programs disruptions might outweigh this particular group's leasing of the ice arena. SCHOOL BOND ELECTTON UPDA'CE John Hetty, the School Superintendent and Shawn Boris, a School Boazd member, presented the school bond election issues. T'hey bmke it into 4 paits: 1) New schools projccted for Eagle and Gypsum as well as classroom additions in Eagle-Vail. 2) Upgrade existing school buildings. 3) Access road upgrade on the Miller Ranch properiy in conjunction with the adjacent property owners. 4) Technology improvements and teacher training. If this bond passes, the fee to voters wouid be $21 per $100,000 of property vaIue For 20 yeats. After their presencation, the VRI3 Board membcxs pased questions and bid them luck in thc upcoming election. FINANCIAL VARIANCE REPORT Bob Trautz gave his summary on the finaacial status of each of the depamnents. Overail, the District shvws a favorable variance of $279,000 with capital expenses being below budget by $56,700. FEE STRUCTURE FOR 1998 Piet Pieters reported most fees for next year ane staying the same, with the majority of increases being those for non-resident or visitors fees. Bart Cuomo wanted to re-evaluate next year's golf pass fee structure to include a user fee fvr those pass holders that play golf over a ceitain amount of times. Kirk Hansen made a motion to approve the 1998 fee scbedules as proposed. 5teve seconded. Passed unanimausly. Kirk Hansen also suggested to reduce some fees where appropriate since the District is in good shape. Barc Cuomo made a motion to change the current palicy, and next year be 100% spikeless golf club. Kirk seconded. Passed unaaimously. DOBSON CONCESSIONS Iiefore approving any changes to the iease, the Board requests information on the projected revenue and the liability incurred if VRD were to take over the concessions. This item is continued until the budget rneetings held Tuesday, Octobcr 21. f' NOU-25-1997 14:02 VAIL RECREATION DIST. 303 479 2197 P.04 HEAD PRO CON'IRACT Steve Simonett questioned the Head Pro compensation stwture. Pietsrs inf'ormed harn that the rest of the IIoard endorsed it. The Board directed the following changed be made to the head pro contract: #3 Compensafion: A- Pro shall be Paid the net sum of $47,600 payable in a lump sum on May 1, of ea,ch year. B. Pro shall pay $14600 in pro shop rental paymeirts in G monthly installments of $2, 100 on the first day of each month from May until October. C. All income from the pro sktap, club rentais, pull carts, and lessons. Kirk made a motion to approve the head pro contract with the above changes. Bart seconded. .Passed unanimously. GOLF COURSE SIGNAGrE Piet showed the Board several photos of local busittess' sasidblasted roclt signs and described what is recommended for Vail Golf Club. After reviewing the Boazd directed him to proceed. BUDCiET MEETINGS Thc best times for the Board to convene for budget meetings was "Iue.sday and yVednesday, October 21 & 22 at 8:04 a.m. through 11: 00 a.m. GOLF CART FLEET REPLACEMENT Tam Bauerly, the sales rep fram Club Caz and Lairy Mauer end 3ohn Hilbert from E,Z Go made their presentations on golf carts. The Board will review the materials given them and will discuss it further at the Oci. 21 meeting. BOARD MEMBER INp(T Steve Simonett made a motion to appropriate the necessary funds to replace the hockey goa1s, nets, and an additional wench system in Dabson. Kirk Hansen seconded. Psssed unanimously. The cost of engineering plans for pobson were moved fi-am the Operational to Capital Funds. ADJOURNMIN'T Mecting adjounned at 11:55 a.m. Bart Cuomo, Secretary Rhonda Hickinan, Admin- Assistant Whoa(lalamin NOV-25-199'7 14:03 VAIL RECREATION DIST. 303 479 2197 P.05 MINUTES REGULAR MEETING VAIL PARK AND RECREATYON DTSTRICT d/b/a VAIL RECREATION DISTRICY' BQARD OF DIRECTORS 9:00 A.M. Tuesriay, October 21, 1997 ° Krueger RDOm, Golf Clubhouse, Seasons at the Cmeen Resta=ant 1778 Vail Valley Arivc Called to Order at 930 a.m MEMBFR S PkESENT Ross Davis, Bart Guomo, and Steve Simanett. EXCUSED ABSENCES Steve made a motion to excuse Heimann Staufer and Kirk Hansen. Bart seconded. Passed unanimously. OTHERR.S pRESENT Piet Pieters, Bob Trdutz, Faith Bleesz, Kirlc Hower, Emie Bender, an,d Rhonda Hickman. PiJBLIC INPCTT ON ITEMS NOT ON AGENDA None. DOBSON CONCESSION LEASE Ross stated VRD needs a letter effective immediately upon Faith's getting a liquor license between herself and bobson maugement as to what events they both deem it appropriate to serve hard liquor. Steve motioned to accept. Passed umanimously. GOLF CART CONTRACT Kirk gave his view point on the mechanical reliability the CIub Cam have over other systems. Piet staaed their custnmer scxvice piogam was superior to any other company's that he's worked with. After diswssian, Stieve motioned to accept Club Car's bid. Bart seconded Passed unanimously. NOU-25-1997 14:03 VAIL RECREATION DIST. 303 479 2197 P.06 BUDGET TTENiS It was noted thai a budget amendinent or resolution might be aeeded to the `97 capital budget to have $190,000 earrnariced for cart paths aad a computer system, ADJOLfRNMENT Steve mationed to adjourn the meeting. Bart seconded. Passed unanimously. IVleeting adjouined at 10:00 a.m. . ~ Bart Cuomo, Secretary Rhonda Hiclmian, Admin. Assistant RJ97bo&10-2192in TOTAL P.06 ~ November 20,1997 ~ Ms. Chri ' e Anderson Tow of Vail . . 75 S. Frontage Road D• • • Vail, CO 81657 ~Dear Christine, Thank you for your support of the 1997 Chevy Blazer International Ski Festival which is quickly approaching with races scheduled December 5 and 6. This World Cup competition marks the debut of the "Birds of Prey" downhill course, specifically designed for the upcoming 1999 D:~ World Alpine Ski Championships. Already tagged at cutting-edge and one of the most demanding courses in the world, this premier will showcase what is to come at the '99 Championships. As a sponsor, you will receive credentials providing access to ANDREW skiing December 3-7 and to the Hospitality tents December 5-6. Enclosed is an event summary, schedules for the event as well as JOHN ' for celebrations, a press release and instructions on how to access the Birds of Prey Finish. You will see from the schedule of events that you can pick up your credentials at the World Cup registration desk located at the Embassy Suites / Beaver Creek Lodge beginning at 8:00am on Wednesday, December 3. Please plan to arrive early on Friday so as to be sure not to miss the special Birds of Prey dedication ceremony that will be held prior to the inaugural Downhill race. If you have any questions at all, please feel free to contact me at 970-949-1999. We look forward to seeing you at the races. Think Snow! JOHN D PRESIDENT Best ards, A PROJECT • he ail Valley Foundation . . VAIL, . .R.,. 81658 , FAX , . 1999 . R . F//S CHAMPIONSHIPS VaiL 1997 CH£VY BLAZER INTERNATIONAL SKI FESTIVAL F eaturins~ t~e Cafe de Colombia Ski World Cup ~r Tuesdny, December 2 8:00am Red Tail Camp-BC Press Center Opens 12:00pm Birds of Prey-BC Downhill Training • Wednesday, December 3 8:00am-8:00pm Beaver Creek Lodge VIP Registration Open 12:00pm Birds of Prey-BC Downhill Training Thursday, December 4 All Day Vail/Beaver Creek Credentials Good for Skiing 8:00am-8:00pm Beaver Creek Lodge VIP Registration Open 12:00pm Birds of Prey-BC Downhill Training ' AR' ' ' ' ' ' 7:00pm Market Square-BC Public Pick 8:00pm Zino's - Edwards Welcome Party LEON DBLACK Fridny, December 5 JACK • All Day Vail/Beaver Creek Credentials Good for Skiing ANDREW ' 'A 8:00am-8:00pm Beaver Creek Lodge VIl' Registration Open 11:15am Birds of Prey -BC Birds of Prey Dedication 12:00pm Birds of Prey-BC Downhill Race 1:45pm Birds of Prey-BC Awards 7:00pm Vail Cascade Hotel Crystal Ski Ball Saturday, December 6 All Day Vail/Beaver Creek Credentials Good for Skiing 8:00am-2:00pm Beaver Creek Lodge VIP Registration Open OSCAR 12:00pm Birds of Prey-BC Super G Race 1:45pm Birds of Prey-BC Awards PRESIDENT Sunday, December 7 All Day Vail/Beaver Creek Credentials Good for Skiing . O 970-949-1999 Fax 970-949-9265 updated 11/19/97 SITE 1999 • D pA Su~ ~ 0 ~ ~ VaiL -C&zW2 61d CHAMPIONSHIPS CREEK r CELEBRATIONS SCHEDULE Public Pick- Thursday, December 4, Market Square Time: 7:00 p.m. Attire: Dress warmly! Food: Street vendor food, hot chocolate, coffee (no alcohol) Entertainment Men pick start order for pownhill race. Prizes will be " raffled off to the public. Attendees: Anyone and everyone! Welcome Party- Thursday, December 4, Zino's Ristorante, Edwards Tune: 8:00 p.m. Attire: Casual Food: Italian appetizers & cocktails Entertainment Jazz trio Attendees: Sponsors, WF members, FIS officials, athletes DIRECTORS Birds o PreU Dedicatiort- Friday, December 5, Finish Area Time: 11:15 a.m. (just prior to the Downhill Race) Entertainment A celebration to debut the Birds of Prey Course, specifically designed for the 1999 World Alpine Ski Championships. Ceremony will include a Native American JACK O ANDREW • DALY blessing, golden eagle fly-down, ribbon cutting, video, demo team flag ski-down, and national anthem. Dori t miss this great event! Castal Ball- Friday, December 5, Vail Cascade Hotel Time: 7:00 p.m. - - Attire: Black tie Food: Sit-down dinner Entertainment Silent & live auction, dancing, music by "Moment's Notice" • Attendees: Personal invitations from Pepi & Sheika Gramshammer. If a sponsor would like to purchase tickets to this event, PRESIDENT please contact Tina Mereckis at 949-1999. Depending on availability, this can be arranged. . , 970-949-1999 Fox 970-949-9265 SITE . ~n~ 0 F 1 5 I~~~ ~ Vail. Oeavez 6ed- CHAMPIONSHIPS i ~ ~ I a ACCESS TO THE BIRDS OF PREY FINISH The Birds of Prey race course has a mid-mountain finish area and cannot be accessed by car. You may access the finish area in the following are ways: SkiinQ 0 Skiing terrain to the finish area is beginner to intermediate level. Beginning at the top of the Centennial lift, follow the Red Tail run to the Birds of Prey course crossing. Follow the Birds of Prey course crossing to the south end of the Birds of Prey finish area, and consult maps and signage for the seating areas. Bus Buses run every five to ten minutes from both parking areas located at the base of Beaver Creek, dropping passengers off at Market Square in Beaver Creek Village. The buses from the base parking lots begin running at 5:20 a.m., ending at 1:50 a.m. BLACK From Market Square, follow signs through the village to the Covered Bridge where additional busses identified as "Downhill" travel to the Birds of Prey finish area. "Downhill" buses departing from the covered JACK B bridge leave every four minutes, and skis are not permitted on these buses. ANDREW P Please note: We recommend riding the buses as parking in Beaver Creek will be very limited. If absolutely necessary, valet parking is available at Village Hall for a daily charge of $12.50. Snowshoe The Beaver Creek Cross Country Center and Atlas Snowshoe Company will be offering free snowshoe demos for those looking for a fun alternate route to the finish area. The Cross Country Center is located R next to the Beaver Creek Medical Center, at the base of the Strawberry Park lift. Snowshoe access is only possible via the Wagon Road Trail. To PRESIDENT access the trail, cross the bridge, go right past Rendezvous Cabin and the service station. Pick up Lost Buck and follow this trail past the water towers to the Wagon Road Trail. Please note, snowshoers will not be permitted on the road upon which the buses travel. . ? 970-949-1999 Fax 970-949-9265 F~ CHAMPIONSHIPS VaiL .9ewez ier.i5 . . . Octuber l~l. 1997 For Immediate Release vledia Contacts: John Dakin (970) 949-1999 WORLD'S PRE:~IIER DOwNHILLERpI TC) N~~~ F~IRDS nFW s~.~OF 1999 u'ORLD ALPINE S:ZI CH.~_ pREY" DOWNHILL COURSE AT 1997 CHEW BLAZER INTERNATIONAL SKI FESTNAL DECEMBER G-6 BEAVER CREEK. Colorado-The World's pretrier men's downhillers will literally be "looking ahead" when thev descend on Beaver Creek Mountain December 5-6 to challenge the new "Birds ofPrey" downhill course in preparation for the 1999 World Altane Ski Championships. , The World Cup "test' races, a men's downhill on : riday. December 5, and a men's Super-G on Saturday, December 6, in commction wit h t he 1997 Chevy Blazer International Ski Festival, will be he Vail Valley's final competitive cune-up prior to the World Championshi:s, which will take place from January 31 through February 14 of 1999. "This is an extremely important test for us," eXplzined T0hn GamSey' President of the Vail Valley Foundation. "Not only =re we previewing the Birds of Prey course for the world, but we are also ine-tuning the entire Beaver Creek portion of the Worid Championships :ian• This event will ortunity.. provide both exciting races and a very valuable learminQ oPP Construction on the new downhill course, wiuch is iocated on the Birds of Prey section of Beaver Creek Mountain. began in mid-June. Course designer Bernhard Russi, the 1972 Olympic downhHl gald medalist and Downhill Technical Espert for the International Slc Federation (FIS), visited Beaver Creek in July. wilile representatives af Apina. the Austrian company contracted to supply all of the saferv equioment. also traveled to Beaver Creek to besin installation. --more- Bircis of Prev Downhill Course Initiallv identined by Vail founder Peter Seibert. the Birds of Prey downhill course will start to the west of the top of Chair 8 and will finish at the bottom of Red Tail. between Chairs 10 and 11, utilizing a portion of the existinsi Golden Eagle trail. In addition to the 1997 Worid Cup men's downhill and Super-G, the Birds of Prey course will serve as the site of the men's downhill, combined downhiil and combined slalom during the 1999 Worid Championsiiips. The course will start at an elevation of 11.424 feet (3,482 meters) and will finish at an elevation of 8.964 feet (2,732 meters). Birds of Prey will featurre a vertical drop of 2.460 feet (750 meters) and will contain an averase gradient of 27 percent, increasine to 45 percent in several key sections. "With Birds of Prey," Russi offered, "USA ski sport will gain a downhill course wiuch wiil be counted as one of the most modern and demanding in the world. It will serve the 1999 World Championships very well." The average speed is estimated to be 60 miies per hour, with an anticipated running time of approacimately 1:40.00. The Red Tail finish stadium will be located in a natural bowi and will provide excellent spectator viewins. The World Cup men's circuit will be in search of a new downhill and Super-G champion when the tour hits Beaver Creek in December with the retirement earlier this summer of 1996 overall. downhill and Super-G champion Luc Alphand of France. The 1997 Chevy Blazer International Ski Festival races will be the second men's speed events of the winter, with the opening World Cup downhill and Super-G competitions slated for Whistler. British Columbia on November 29-30. For additional inforn•,ation on the Birds of Prey downhill course. the Chew Biazer International Ski Festival or the 1999 World Alpine Ski Championships. contact the Vail Vallev Foundation at (970) 949-1999. --30- \ 11 TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 FOR IMMEDIATE RELEASE 970-479-2100 FAX 970-.479-2157 November 21, 1997 Contact: Mike Rose, 479-2358 . Town of Vail Transit and Parking Manager TOV SKI SEASON BUS SCHEDULES, PARKING PROGRAMS ACTIVATED (Vail)--Town of Vail bus routes and parking programs are making the transition from off-season to ski season with increased bus frequency beginning Nov. 22 and paid parking in the town-owned structures beginning at 6 a.m. Nov. 26. Here's a recap of the programs: Town of Vail Bus Service Beginning Nov. 22, the town will launch its full winter schedule which is designed to accommodate up to 18,000 riders per day. Service on the outlying routes will occur every 15 to 20 minutes during peak times, while the in-town shuttle, from Vail Village to Lionshead, will run every 8 to 10 minutes from 6 a.m. to 2 a.m. Bus schedules are available at the Vail Transportation Center, Vail Municipal Building or on the buses. The Town of Vail also operates the Dotsero-to-Vail commuter route on behalf of the Eagle County Regional Transportation Authority. Beginning Nov. 22, service will increase to two morning routes, a mid-day run and two returning buses each day, plus a skier express on Saturdays and Sundays. Park Free After 3 Following a successful trial period last March and April, parking in the Vail Village and Lionshead structures will be free from 3 p.m. to 3 a.m. daily--all season lona. Parking is $2 for those entering the structures between 1:30 and 3 p.m. Reduced Rates for Short-Term Parking In response to customer feedback, the charge for those who stay longer than 90 minutes but less than finro hours has been reduced from $3 to $2. Credit Card Payments Also in response to customer feedback, the Town will now accept payments by Visa and Mastercard at the parking booths. For credit card transactions in Lionshead, use booth No. 1 only. Free 90 Minutes Retained As always, the first 90 minutes of parking remains free. Discount Parking Pass Rates Unchanged from Last Year Value pass rates are $5 per entry/exit, while the Blue season pass costs $525. The Gold premium pass is $1,100. The rates haven't increased since 1993. For more '(more) RECYCLEDPAPER TOV Winter Season/Add 1 information on the town's parking programs, including the purchase of value parking passes by phone or mail, call 479-2122. Free Satellite Parking There are 100 spaces of unrestricted free parking at Ford Park, as well as another 65 spaces at the soccer field lot on Vail Valley Drive. But get there early. These spaces fill by 10 a.m. Valet Parking A new curb-side valet parking program is being introduced this season at the Golden Peak ski base. The cost is $20 for the day. Skier Drop-Off Two drop-off locations have been designated by the Town: Golden Peak ski base and in Lionshead on West Lionshead Circle by the Antler's Lodge. # # # FOR IMMEDIATE RELEASE October 8, 1997 ; Contact: Suzanne Silverthorn, 479-2115 Community Information Office . ELECTED OFFICIALS, CONSTITUENTS ENCOURAGED TO GET TO KNOW ONE ANOTHER AT OCT. 17 "COMMUNITY MIXER" IN VAIL Media Note: The first sentence of this release has been revised to clarify Vail Tomorrow's inclusionary focus. Sorry for any inconvenience to you and your staff. (Vail)--Elected officials and their Vail-area constituents are encouraged to take part in the first of a series of quarterly "community mixers" beginning at 4:30 p.m. Friday, Oct. 17, at the Hubcap Brewery & Kitchen in Vail. The gathering--the first of its kind--is sponsored by the Vail Tomorrow Building Community Team and is one of 40 strategic actions endorsed by the community. "As we talked about ways to strengthen the sense of community during our team discussions, we kept coming back to several themes," said Suzanne Silverthorn, a team volunteer who also serves as the town's community information officer. "The need for gathering places and opportunities for community interaction was high on the list." The "getting to know you" concept, which received Vail Tomorrow endorsement last April, attempts to serve both needs, Silverthorn said. "IYs a starting point and one we hope will be of value to the community." She said the focus on inviting elected officials to the gatherings resulted from the team's interest in resurrecting informal gatherings from years past, such as the mayor's breakfast meetings. Anyone interested in attending the Oct. 17 community mixer at the Hubcap is encouraged to drop by between 4:30 p.m. and 6:30 p.m. If you have questions about the event, or would like to volunteer to help with other Building Community actions, including creation of a multi-purpose community center, contact Silverthorn at 479-2115. # # # P.O. Box 1015 • Vail, Colorado 81658 • 970-479-2451 • http://vail.netNail-Tomorrow ~ ..i: \ I~~ u ~y TOWN OF VAIL ~ 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 ' MEDIA ADVISORY TM November 26, 1997 Contact: Suzanne Siiverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR NOVEMBER 25 Work Session Briefs Council members present: Armour, Arnett, Foley`, Ford, Jewett, Kurz**, Navas *Arrived at 2 p.m. *'Kurz.was available for a portion of the meeting via telephone --Tour of Keystone's River Run Development and Employee Housing Programs During a tour of the new River Run PUD (planned urban development) at Keystone, councilmembers were asked to consider the development's scale, pedestrian flow, gateways, landmarks and other urban design principles. Councilmembers, along with members of the public who also toured the ski base, will be asked to share their observations at the Dec. 2 work session as part of the Lionshead redevelopment master planning process. The River Run tour was led by Ethan Moore of Design Workshop, the Lionshead master plan consulting firm. Also yesterday, councilmembers joined Jack Lewis of Vail Associates in touring three employee housing developments at Keystone. Monthly rents range from $175 per month per person for a shared dorm room with no kitchen, to $400 per month per person for a suite with common living area and kitchen. Keystone manages about 1,200 beds, has a management staff of 30 and provides an annual operating subsidy of $300,000. --Swearing In of New Council Members In an unusual twist, Ludwig Kurz, who is tending to family business in Austria due to the death of his mother, took the oath of office over the telephone during the swearing-in ceremony of the four newly-elected council members (Kurz, Ford, Navas and Arnett). --Town Council Organizational Meeting With Kurz still on the telephone, the Council took the following actions: • Voted unanimously to elect Rob Ford as mayor and Ludwig Kurz as mayor pro-tem. Both will serve a two-year term. Prior to the nominatian process, Mayor Bob Armour announced that he would no.t accept a nomination for mayor, citing the need to redirect his time to his personal life. With Kurz then excusing himself, the Council made the following committee appointments: • Appointed Karen Morter and Mary Jo Allen to the Election Commission for a two-year term. • Appointed Buck Allen as municipal judge for a two-year term. Allen has served as municipal judge since 1979. • Appointed Sybill Navas as the Vail Town Council representative on the Northwest Colorado Council of Governments board of directors. • Appointed Sybill Navas as the Vail Town Council representative on the Water Quality/Quantity Committee of the fVorthwest Colorado Council of Governments. (more) toOt ~ RECYCLE'D PAPER 'r TOV Council Highlights/Add1 • Appointed Michael Arnett, (Rob Ford alternate) as the Vail Town Council representative on the Vail Vatley Tourism and Convention Bureau board. • Appointed Bob Armour as the representative of the Vail Town Council for the Colorado Association of Ski Towns. • Appointed Kevin Foley and Rob Ford to represent the Vail Town Council on the Vail Recreation District/Town Council Committee. •Appointed Sybill Navas to represent the Vail Town Council on the Special Events Committee. • Appointed Michael Jewett and Michael Arnett to represent the Vail Town Council on the Bravo! Colorado board. . • Appointed Ludwig Kurz (Rob Ford alternate) to represent the Vail Town Council on the Eagle County Recreation Authority Committee. • Appointed Michael Arnett to represent the Vail Town Council on the Vail Housing Authority. • Appointed Ludwig Kurz to represent the Vail Town Council on the Channel 5 Vai! Valley Community Television board. • Appointed Ludwig Kurz to represent the Vail Town Council on the Vail Valley Arts Council. • Appointed Sybill Navas and Rob Ford to represent the Vail Town Council on the Art in Public Places board. • Appointed Michael Arnett to represent the Vail Town Council on the Mauri Nottingham Environmental Award Committee. • Appointed Sybill Navas to represent the Vail Town Council on the Vail Valley Exchange Committee. • Appointed Kevin Foley (Rob Ford alternate) to represent the Vail Town Council on the Eagle County Regional Transportation Authority. • Appointed Rob Ford to represent the Vail Town Council on the Ford Park Management Plan Committee. • Appointed Sybill Navas to represent the Vail Town Council on the board of the Chamber of Commerce. • Appointed Sybill Navas to represent the Vail Town Council on the Open Space/Charter Committee. • Appointed Ludwig Kurz to represent the Vail Town Council on the Colorado Ski Museum and Ski Hall of Fame board. • Appointed Rob Ford and Michael Arnett to represent the Vail Town Council on the TOV- VA Community Task Force. • Appointed Rob Ford to represent the Vail Town Council on the Eagle Valley Leadership Coalition. • Appointed Sybill Navas to represent the Vail Town Council on the Vail Youth Award Committee. • Reappointed Tom Moorhead, town attorney, to represent the Vail Town Council on the Mountain Crew. --Council Meetings of Dec. 23, Dec. 30 The Council meetings of Dec. 23 and Dec. 30 were canceled, due to the holidays. --PEC/DRB Review Councilmembers were notified of an appeal fited by the Vail Village Club which is scheduled to be heard by the Town Council at its Dec. 16 work session. The appeal is based on a Nov. 10 decision by the Planning and Environmental Commission regarding the calculation and payment (more) ~ ~ 9 TOV Council Highlights/Add2 method required for the parking-pay-in-lieu program. The PEC found the Vail Village Club responsible for 32.697 parking spaces, which translates to a pay-in-lieu fee of $534,052.53. Club representatives have objected to the calculation, as well as a promissory note requirement. For more information, contact Tom Moorhead, town attorney, at 479-2107. --Vail Village Loading and Delivery Selection of Short-term Improvements The Council voted 5-1 (Navas aga+nst) to approve three of four recommendations for short-term improvements to the loading and delivery system proposed by Centennial Engineering. The three approved actions are: 1) create and distribute an informational map listing the current loading and delivery policies; 2) implement a iwo week test period in mid-December that would limit access at the intersection of Hanson Ranch Road and Vail Village Drive between the hours of 8 and 9 a.m. and 3 and 4 p.m. (this would restrict people from using the area for skier drop- off/pick-up); and 3) use variable message signs at key locations directing skiers to the parking structures. A fourth recommendation, to increase parking fines up to $100 for repeat offenders, was deemed unsuitable due to logistical problems with the town's computer system. In voting to approve the three recommendations, the Council agreed to maintain the existina policies, while continuing to entertain suggestions that would minimize impacts on the surrounding residential area. Councilmember Navas voted against the motion, expressing a desire to reduce the time trucks are allowed to park on the International Bridge. Also, at the suggestion of Kaye Ferry of the Vail Village Merchant Association, Checkpoint Charlie will be staffed from 6:30 a.m. to 6:30 p.m. during the two-week trial period mentioned above. For a copy of the existing policies, contact Chief Greg Morrison at 479-2209. --Council Reports Bob Armour reported on a meeting he'd had with representatives from the Vacation Channel. Sybill Navas reported on a Chamber of Commerce meeting in which the towns of Avon and Vail were asked about their future funding commitments for information services. Navas said the meeting underscored the need for valleMide information services. --Other Kevin Foley inquired about the town's operational plan for Frontage Road overflow parking. He also asked about the status of citizen requests for increased bus service, and expressed hope that several early-morning burglaries in the Village and Lionshead would be solved soon. (Four new police officers will start on Monday.) Rob Ford confirmed reinstatement of the Concert Hall Plaza bus stop on the in-town route. Michael Jewett wondered if the town should be proactive in organizing neighborhood watch groups. Bob Armour suggested obtaining information from Avon on temporary speed bumps. He also gave a brief report on the status of the TCI update which will occur on Dec. 2. In addition, it was announced that the Avon Town Council has invited the Vail Town Council for dinner on Dec. 4. (more) . rt~ ~ TOV Council Highlights/Add3 UPCOMING DISCUSSION TOPICS Dec. 2 Work Session Lionshead Master Plan/Keystone Tour Debrief/Discussion of Urban Design Principles Site Visit and Appeal of PEC, Miller B&B Evie Nott, Hazard Change Request Discussion of Ordinance No. 22, Lighting Dec. 2 Evening Meeting - CARTS Presentation TCI Follow-up First Reading, Ordinance No. 26, Code Codification First Reading, Ordinance No. 25, Supplemental Appropriation First Reading, Ordinance No. 23, TOV Police/Fire Pension Amendment First Reading, Ordinance No. 24, TOV Employee Pension Amendment First Reading, Ordinance No. 22, Amendment to Design Guidelines Resolution No. 17, re: Signers on Library Account Dec. 9 Work Session PEC/DRB Review Lionshead Master Plan, Discussion of Performance Zoning and Height, Density, and Setback Issues, as wetl as Discussion of Carrying Capacity Infrastructure Booth Falls Rockfall Mitigation (Site Visit & Discussion) Dec. 16 Work Session • 20 Year TOV Anniversaries, Dick Duran and Mike McGee Housing Tour (45 properties) Lionshead Master Plan Dec. 16 Evening Meeting Second Reading, Ordinance No. 26, Code Codification Second Reading, Ordinance No. 25, Supplemental Appropriation Second Reading, Ordinance No. 23, TOV Police/Fire Pension Amendment Second Reading, Ordinance No. 24, TOV Employee Pension Amendment Second Reading, Ordinance no. 22, Design Guidelines Amendment # # # 1~ 1~ TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-.479-2157 FOR IMMEDIATE RELEASE November 25, 1997 Contact: Susan Boyd, 479-2194 Assistant Library Director VAIL PUBLIC LIBRARY COLLECTION ADDS DIGITAL VIDEO TITLES (Vail)--Just in time for the holidays, the Vail Public Library has added three digital video titles to its technology collection for users of the new DVD players. DVD, short for digital video disc, is a hot-selling Christmas item this season. The new laser disc technology enables a variety of entertainment options ranging from wide screen or standard formats to multiple language capabilities, said Susan Boyd, assistant library director. The videos also include biographies of the stars and filmmakers. "Austin Powers" with Mike Meyers; "Dead Man Walking," starring Susan Sarandon and Sean Penn; and "Four Weddings and a Funeral," featuring Hugh Grant and Andie MacDowell are the library's first DVD acquisitions. All three DVD movies offer the option of English, French and Spanish subtitles. The videos are available to be checked out for up to seven days, so long as you have a Vail library card; you'll also need access to a DVD player. Boyd says the library will expand the digital collection as its popularity increases. In addition to the DVD titles, the Vail Library offers over 1,000 fiction and nonfiction videos in VHS format. For more information, contact Boyd at 479-2194. # # # C~ RECYCLEDPAPER 11 TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-.479-2157 FOR IMMEDIATE RELEASE . November 25, 1997 Contact: Larry Grafel, 479-2173 Public Works/Transportation Director Bill Andre, 926-4424 Colorado Division of Wildlife DOWD JUNCTION RECREATION PATH CLOSED FOR WINTER SEASON (Vail)--The Dowd Junction recreation path has been closed for the winter season at the request of the Colorado Division of Wildlife (DOW). The winter closure allows for the migration of deer and elk and was a condition of the recreation path's approval. The path will reopen in the spring at the direction of the DOW. Gates have been used to indicate the path's closure, as well as signs explaining the requirement. # # # L~~ RECYCLEDPAPER • THE JIMMIE HEUGA CENTER P.O. Box 491 27 Main Street, Suite 303 Edwards, Colorado 81632 (970) 926-1290 FAx (970) 926-1295 November 25, 1997 BOARD OF DIRECTORS Bob Beaeeie Bob Craig Andy Daly* EaWin Doaa Christine B. Anderson, C.P.A. Donald M. Elliman, Jr. Finance and Budget Manager Gerry Engle* Jonathan C. Feeney, M.D.* Town of Vail J. Stephen Fossect* 75 s. Frontage Rd. West Rose Gillece* Jimmie Heuga* Udll, CO 81657 Jim Hosier* David Ingemie Jerry Jones* Billy Kidd Areh McGill Jack Petajan, M.D., Ph.D. Randall T. Schapiro, M.D.* Dear Ms. Anderson• Ken Shapiro* ~ Sanford M. Treat* James R. Wear, Esq.* I am writing to thank you and the Town of Vail for your generous contribution of 70 . *Executive Commitree ADVISORY BOARD parking debits to The Jimmie Heuga Center. This donation will help make our 1998 George Bauer International Snow Express Finals run much more smoothly. As per your letter, we John M. Beaccie will be invoicing you for the debits after February 1, 1998. Brad Briggs Ralph Davis Chuck Dwighe Again, on behalf of Jimmie Heuga and the Center, our sincerest thanks. Charles T. Ferries Robert Habasevich, R.P.T. Steve Haber Yours truly, Jan Helen Mrs. Walcer Koelbel B S[eve Lathrop ;T-) ob Parker Labe Scheinberg, M.D. Roberc Slarer, M.D. TUC2 Valentine Charles B. Wilde James Woolner irector of Special Events Larry Yaw HONORARYBOARD Em`le Aila`S cc: Dick Hicks, JHC Willy Bogner, Jr. , Tom Brokaw Frank Gifford Hank Kashiwa Jack Kemp Jean-Claude Killy Bill Marolt Warren Miller Penny Picou FOUNllER Jimmie Heuga CHAIRMAN Sanford M. Treat EXECUTIVE UIRECTOR Richard W. Hicks, Ph.D. OFFICERS Jimmie Heuga President J. Stephen Fossett Vice President Jonathan C. Feeney, M.D. Secretary Stephanie Novosad A nonprofit scientific research organization "Reanimating the Physically Challenged."' Treasurer Internal Revenue Service 501(C)3 Charitable Organization Number 74-2337853. ~RAVOo COLORADO VAIL VALLEY 1v1iJSIC FESTIVAL JOHN W. GIOVANDO EZec«rive Direcro,• November 20, 1997 EUGENIA ZUKERMAN lYlueic Directar Ms. Christine B. Anderson sonxD oF TxusTEES Finance and Budget Manager Dick Swank Town of Vail Cb<rirnrair 75 South Frontage Road Mary Hesburgh Vail Colorado 81657 Vice Clarrir• Betsy Wiegers Vi~e ci„Z,r Dear Christine, Roger Behler Trea.,ru^er Thank you for your very generous commitment to support Season Eleven l~;ihoan susan sec,-era,y of the Bravo! Colorado Vail Valley Music Festival with a donation in the amount of $28,500. With dates set for June 28 through August 5, 1998, plans are underway for xay chester another great summer of classical chamber, orchestra and jazz. Eugenia Zukerman Doug Cogswell cerry cngle has joined the Festival as its new Music Director, and we look forward to the return Juiie Esrey of the Detroit Symphony and the Rochester Philharmonic as our resident orchestras, Rob Ford in addition to a concert with the Colorado Symphony Orchestra. Joan Francis Linda Galvin La„ra Garbe Your pledge of $28,500 is vital to the success of the Festival, and we Warren carbe sincerely appreciate your investment in the performing arts in the Vail Valley. As John Garnsey you requested, we will invoice you after February 1, 1998. Thank you again for Linda Hart Becky Hernreich your commitment to Bravo! Colorado setting a higher standard of excellence in Merv Lapin the performing arts. Rob LeVine Karen Loewenstern ~ Richard Rogel With best regards, Jan Selm Rob Shay " / Jane Smiley Mark Smith ~ scott somes John W. Giovando J anne Reid cathy stone Executive Director irector of Development James Wear Dennis Wentz cc: Julie Hayslip MAILING ADDRESS: Post Office Box 2270 Vail, Colorado 81658 PHYSICAL ADDRESS: 201 Main Street Nlinturn, Colorado 81645 970.827.5700 Fax 970.827.5707 E-mail bravo@vaiLnet http://www.vail.net/bravo ~,SA ~ a ' ~ _ p,- agme going 60 mph down a mountain to win the douunhill at the wodd championships. x~ Ripping on a mountain bike ~ around steep and deadly turns. . i' i ~~~W Tearn~g ~rough Class 5 ra ids on ~e Colorado Riverpn a kayak. ~ i ~520 pounds of gear into your Chevy Asiro: ~ ~ i; sn,T~ I 1 i~ - !i ~ , . _ . _ _ Il ~i I _ Now try it without using your legs. Meet Sarah Will of the U.S. Disab/ed Ski Team. She is always pushing herself to tlo more, to be better. Guess that's why she drives a vehicle that shares her philosophy. A S T R O U S A Otticid Sponsor of the 1998 U.S. Olympie team LIKE A ROCK Outlitted with mobiliN aids lrom an independenf suoPlier Call 1-800-974-2226 to help support the U.S. Ski Team. Vsit us at www.chevrolet com 01997 6M Corp. Buckle up. Amenca! : s13c.;:~vev..15:4997 Roc - , - _ ky Mountain Nervs Looking, to rrOss your.fingers ; Aspen, Eagle, Pueblo have slim plckings VACANCY RATES . . aI1d CXOrb1taI1t COStS . market in rcent By John RerM~{wMl Rocky Moisntain News Real F.stcrte Edit~. !~pe~_......~.. 1.4 0.8 1.0 ' • Colorado 3.6 .7 If you tlv ; nk it's tough to find an 6.0 4 sprtngs_ EaPartment in metro Denver i ~poor renters in selecteil ' P tY the , Eagle co. 1.7 -0.8 markets FoK 2.1 5.2 3,8 ` such as Aspen, Eagle. County and couins r even Pueblo. Puetiio . . 2:g g to 2 3.0.4 2 5..5 2 _ 3.1 `Affordable housing is goin Summit become a very big issue vvith leg- CO• - islators when they reconvene in .lanvar5i" said Tom Hart, (]1TCCtOP Of ` RockY Mountain News t the state's housing division, who on leases the statewide report t at the . Friday released a report on Col- end of the first and third orado's tight apartment market, o reflect changes in college~totwns outside of fihe metro area, and at ski iesorts. Excluding the metro area, with its _ Average monthly rents range - 4.6 percent vacancy rate, the state's . from a high of $1,079 in Aspen-#o-a.. . third-quarter rate ran 4.1 percent low of $379 in the Fort Morgan_ Across the state, apartment openings Sterling area, were difficult to find. In Many renters. in Aspen the rate was 1 Avffage yymf, jd~gh-priced areas, ~ percent, Eagle County y ~d~ ~e spending m~ 1.8 percent and Pueblo rents ydngefr a~hari 50 Percent of theu with a booming econa, hZgh Of ,$`I, 079 Zn -'ncome on rent, which _ -my, only a 2.8 percent: d~,,~ m~ns they often can't• Pueblo has seen its `~'~'en to aloW of afford other things, vacancy rate drop $379intheFart such as car insurance almost in half from the And that is especially 5.2 percent in Margan-,Sf.e7'lZ P~1ous in some the first ski quarter, in a lazge part QrgQ resort towns, where because of massive hir- . some relatively low- gs bY QualMed, a health care muting 40 to ~ miles daily, he said: ganization, he said. Also, ? And after the summer flood in housing rnay discod aP~~nents arid , Fort Colliris, gart'S office tried to from moving to ane businesses find apartments for people who lost Colorado, Hart said, ~ their homes. Von Stroh said in "There were no apartments avail_ manY 11igh- " able," he said, -`~d the flood hap- ubsidi s are `needed. At the us~e pened, just as students were return- time, the government must work to - ing to Colorado State University." . improve the education and skill of ~ Universiry of Denver business residents, so they can lana higher- - professor Gordon Von Stroh -re- paid jobs, he said. ~ 1 G1J~,..~___ Chocolate proves stic ky subject - among Western Europe nations By Edmund L Andrews lY "lith cocoa butter. . Seven oth- TheNew York Times ers, led by Britain and Denmark, STRASBOURG, Frace - ~O~' corapanies to mix in substi- n Eur°pean Parliament erupted hin tute vegetable fats-like palm oil, a angr3' recriminations Thursda af- practice that Europe s purists con- ter voting on an issue that has split their own chocolate austries g to Western Europe for more than After months of fruitless negoti- ; two decades: chocolate. The vote left ations, - spurred by the drive to Britain, Ireland and Denmark seething with uni~, E~op~ S~~~ ~ ~e Eu- rage~ ropean p~ll~ent voted over- while the Belgians and French whelmingly that "chocolate" is 9uietly gloated. The GermanS, af something different from what ter siding witii the French rumored to be , were companies in gritain, Denmark wavering and think_ and the other countries produce. ing of defecting to the other side. They also voted to force Britain Eight European countries; led and Ireland to rename their milk by Belgitun and France, require chocolate, ar that chocolate be made exclusive- ~ X~ ~t 2t has too xc: &W .v~~~, • l~II 1A.1~w~. ~GJ Town of Vail Sales Tax Worksheet 11/28l97 % CAange 9: Change 1997 Hudgel rrom from Month 1986 1997 19M 1999 laqp 1991 1992 1993 1994 1995 1996 Budgel Collectbns Vai(ance 1996 BudgeJ Janua 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,016,779 2,051,123 34,344 5.96% 1.700/. February 946,552 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,059,387 2,088,228 28,841 4.76% 1.409/6 March 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,315,035 2,579,546 264,511 15.11 % 11.43% A ril 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 1,008,389 872,920 (135,469) -9.73% -13.43% May 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 326,661 328,325 1,664 2.95% 0.51 % June 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 610,715 628,909 18,194 5.72% 2.98'/, July 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 994,187 1,039,896 45,709 7.90% 4.60% August 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,022,592 1,069,458 46,866 7.96% 4.58% Se tember 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 653,323 632,933 (20,390) 0.39% -3.12% October 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 426,080 447,568 21,488 822°/ 5.04% Total 5,794,864 6,313,282 6,822,389 8,265,646 8,700,946 9,154,425 9,259,517 9,867,484 10,419,667 10,424,761 11,049,249 11,433,148 11,738,906 305,758 6.24% 2.67/ r'C:%;•i::E.:ti::.;::~:;:.:i:;::;iir'r;%;';;?:;::;:::::ii:~:::'r';:a:`: November 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 624,917 December 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,144,603 Total 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,202,668 11,738,906 305,758 ; . Np~ 1 0 19g1 '~?-b RE~EIVED ~,~'w`' November 4, 1997 TOWN COUNCIL: ~ Town of Vail Council 75 South Frontage Road Vail, Colorado 81657 0 Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 0 Community Development Department Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Lionshead Re-development Ladies and Gentlemen: . The undersigned, as attomey in fact for the Owner of Unit 407 Westwind at Vail, R. Christie Hanna, in reliance on original and official development plans in 1969, strongly objects to the proposed "re- development of Lionshead" for these reasons: ? At the tune of purchase of Unit 407 in Westwind in 1969, planning did not contemplate: ? High buildings as now proposed. ? Increased density to the level now proposed. ? A circulation corridor going through the center of Town. ? Seven or eight-story buildings blocking light, views and air. 4520-1 i ir3/97 ~ Town Council: ? Town of Vail Council 1 Planning and Environmental Commission ? Community Development Department November 4, 1997 Page 2 Further, funding (by taxation) of public improvements in accordance with the Re-development Plan will be: cl challenged as the improvements are designed exclusively to benefit the ground floor retail owners and tenants, developers, and Vail Associates. Ladies and gentlemen, be very cautious in approving a Re-development Plan designed to: (i) benefit the cash register of Vail Associates by increasing usage of their Gondola, (ii) provide increased unit density to reduce the cost of land per unit in new developments so as to iricrease developer profitability, and (iii) promote retail sales and store owner profitability. Sincerely, Albert C. Hanna W4X(.O'." 541 West Ueming Place Chicago, Illinois 60601 Telephone: 312/855-5924 Unit 103 Unit 407 Westwind at Yail ACH:jm c: Board of D'uectors, Westwind at Vail as2a1 i v6/97 I F~V Alfred Litwak E~ No v ~ 7273 South Garfield Street Littleton, CO 80122 ~ November 5, 1997 Town of Vail Council 75 South Frontage Road Vail, CO 81657 Dear Council Members: I have only recently become aware of some of the troubling features of the proposals for "redeveloping" the Lionshead area and wanted you to know that, as a Lionshead condominium owner, I am dismayed. I believe, in particular, that the scheme to route bus traffic through the mall area is not in the interest of property owners nor Lionshead as a whole. Quite the contrary, I believe that the introduction of vehicular traffic into the mall area would be inimical to the interests of property owners ana their paying guests who have found Lionshead and its mall area to be a wonderful place for a leisurely stroll and unhumed shopping. What's more, the very idea that the Town of Vail would consider allowing Vail Associates to encroach on the mall area with changes to the Sunbird and Gondola buildings is staggering. To an objective observer, the idea is nothing more than an ill-advised attempt to benefit a handful of property owners and merchants at the expense of a far geater number of property owners. The intrusions that are being proposed would alter dramatically--for the worse--the ambiance of the Lionshead mall azea. Quite clearly, the interests of property owners in the azea have not been taken adequately into account by those who are advancing the Lionshead redevelopment proposals. The consequences of the actions being proposed have not been thoroughly weighed. For example, who would compensate property owners for the damages they will suffer if the proposals are implemented? Admittedly, there are elements of the Lionshead scene that are in need of updating or refurbishing. Much of such work has already been undertaken by property owners in Lionshead. But routing buses through the mall area and allowing Vail Associates to encroach onto the mall area will diminish, not enhance, those considerable efforts. These are pla.in awful ideas, and the council should firmly reject them. Thank you. Yours truly, ~/IX . Ski bums R . . write own . ~ ~ ticket Resorts uses perks to lure, keep winter workforce y w ~r , By Michael Booth Denver Post Staff Writer L How many ski bums does it take to run a Colorado mountain resort? The punch line is no joke to the job re- cruiters who have to find thousands of will- • sa:::, , , ing young bodies to throw at the mountains ~w ° „ between now and Thanksgiving. In an era _ ~ . <.~:; when resorts are mul- - tinational conglomer- ates and base areas WQ B;Q I~ 0 are shopping malls, tfie personnel office fo~ can't sit back and wait • w;. for seasonal workers to steer their beat-up ~ ' Volkswagens into the rne Denver Pos~ i ~ parking lot. ~s euresh ~ I O D So Vail offers the Ski instructor Ken Wilson offers tips to Robin Shockley of Oklahoma, right, and ° bums a 401(k) plan. Mireo Mandonca of Brazil at the Keystone Ski School. . Little Eldora tries to keep up with bigger competitors by of- have 100 Aussies and Kiwis here on "cul- workers, and at least 2,200 of those must fering two-day, E100 ski clinics to potential tural egchange" visas to pad the work- ski well enough by Christmas to be instruc- ` "weekend warriors": If you show some force. tors on the slope. Knowing how tight the ~ nice moves and flash a friendly smile in For Les Marsh, the aanual ski-bum lceal job markets are these days, Marsh is ; the clinic, an instructor will tap you on the scramble just keeps getting bigger and big- flexible - to be a ski instructor at Vail, • shoulder and offer $7 an hour to come back ger. As the director of human resources for you don't necessarily have to be able to as a teacher. Vail Resorts, he now is ut charge of finding carve your initials on a double diamoad And Copper Mountain this year has tak- ]anitors and ski patrollers and.hamburger run. en the talent search to new lengths, flying fliPPeis for Vail, Beaver Creek, Brecken- "We want people who are `peopte recaiters to Australia and New Zealand. qaridge and Keystone. +pi , D., aT... ......t. n~..:,.a. n~_..,,~ ,_nt Tl.n? .....n.... 1..... a., a..., c nnn ......a.... ni'^" ~unTr+~ ~nTnnn nn . x~: ~ i THE DENVER POST Sunday November 9, 1997 ~ 4. . ' Seasonal workers in bl 'g demand at ~ area mountain-resorts , INSTRUCTORS trom Pa 18 ~ ple can reallY make. Eldora'S jq- 9e structors start at tZ an hour,[ Vut ple.' We can teach anybody to ski. all officials viµll say about th~;O • We can't teach everyone to teach," We want people who `~Level III" in§tructors is that fhelr - Marsh said. Vail Resorts will make its last are cpeople people.' wages are "significantly higher." Eldora's advantage as a small, , big push to fill the payroll at job We can teach an bodY neighborhood resort for the cenl fairs in Breckenridge and Beaver Y Front Range'is that ik needg ar Marsh Creek on and his Friday staff and will be Saturday. Rassing t0 SICI. We can't teach €ewer people to keep things r- : ning. Eldora is gearing up from 20 ' out the goodies = and hoping their eVel'y0I1e`O{teach. Year-round employees to the 350 it treats are bettec than those offered Nr wjll have bX Christmfls, but ~st at ~q~er or any otlier. z~gsptt. Los , are returning veterans who li Yn Base pay for `new seasonal em- Vail hum8n resou~des director Boulder or Denver. ployees at the Vail resorts is E7 to ' "We do not take recruiting Ers E8 an h our. Those on a 40-hour They don't need to move to Nschedule get health benefits, access land to work at Eldora," said - to a 401(k) plan, two free ski lessons ' cie Graebeldinger, director of hu- a month, half-price food at mopn- Coppe* lsies te :aiake de wfth man resources;at the mounta' tain restaurants, and discounts.on l~. Instead of offering cheap beds Copper's killer fringe benetit~s a ski rentals, lodging or "anythiag to most of its 1,200 seasonal work- 16-resort free 4ki pass, offerinl'"all . , else we touch," Marsh said. ers, the resort provides tree trans- the bumps you can shred at As,~en, ' Md ot course, the ultimate ben- Portation to towns like Leadville Winter Park, Sfeamboat and deep • _ nie, free skiing at all four resorts that haye less espeasive homes. A u?to Canada at Ehe Whistler/Bl~ck- ' plus Arapahce Basin. Dependents of ~ Patroller at Copper with some comb resort. t °~d~°• the employee afso get free passes, eg erience_ can lnake $9.40 an Worried that, that woulddE at- and Marsh sprfnkles in half-price hour, but the little-known secret is tract enough wprker bees to ke,ep coupons for other friends and fami- that the top instructors make "hun- the lifts running, Baca took [4ght ly lilce so much winter confetti. dreds a day," said Tracy Baca, the and secured the suppleme{~tal 1_ The lfst doesn't end there. Most resort's trafaip and recruitment D°Wn Under workforce on special seasonal employees are offered . mana er.,9kiea;~,(or the same visas. subsidi ed lodg1'pg space in the teacher y~r `*X"O'Aip @ ~r and tip big Maybe I'.shouldn't tell -you more t~an 2,000 t'ooms Vail sets moneY 4ot sor t6e lesson th" at, Baca sp µ1 The ot6er };g- aside for resort workers. Rates are lift lines, sorts might start doing it, too." ha ye an idea for a t300 to~400'a month, utilities in- ' The Denver Post / Dave BureM " gaca said. . ingIf you " profile, send rmail to neW~s- Snowboarding instructor Sareh Walls, right, resoRS, who want enough instructors for the sea- cludedFina. l, Vail rewards returning Copper and Eldara are both ca- room@denverpost.com, atteatipn teaGhea some besics to Nick Rosen o} Denver. Ski son, look tor teaching rether than skiing skills. employ es with paid time off. gey about how snuch their top peo- Michael Booth, or cail 820-1686.. WOCOLORADO -4- TRAVEL LC TOURISM AUTHORITY . PO 40X 3524 . ENGLEWOOD, COLORADn 8015; COLORADO TRAVEL & TOURISM AL1TIIORITY NEWSLETTER November, 1997 CTTA MEMBER THANK YOU! A sincere "thank you" to all Level 1 and above CTTA members for returning listing information for the 1998 Official.State 6"acation Griide by the November 15th deadline. We appreciate your help and cooperation in providing listings and facilitating the proofing process for your business listing. The Giiide will be in final layout and pre-press stages, preparing for a February l, 1998 delivery date. CTTA MEMBERSHIP DRIVE AN OVERWHEI MING SUCCESS The membership drive conducted by CTTA over the months of September, October and November has met with great success. Our membership now totals approximately 900 businesses, welcoming over 150 new members during this campaign. A listing of new members joining CTTA during the month of October is included with this newsletter; new members joining CTTA during the month of November will be listed in the December newsletter. We welcome all new members and additionally recognize our renewing members for their continued investment and support of CTTA. If you have any questions regarding your membership, please contact the CTTA office at 303/296-3384, ext. 2. COLnRADO.STATE HIGHWAYINAP,SAVAII.ABLE DECEMBER 1997 The second printing of 500,000 Colorado state highway maps is currently at the printer and are expected to be available mid-December. If you would like to be placed on our waiting list to receive q»antities nf rhesP FREE maps, piease call us at 303/296-3384, ext. 3. Maps wili also be available at twenty distribution points throughout the state. We will pubiish this list with our December newsietter as the maps become available. IF YOU NEBD TO CONTACT U.S:.. Please contact the CTTA office if you have questions or comments, or need additional information regarding CTTA programs, benefits and opportunities. Write, phone or fax using the information at the bottom of this page, or e-mail us at: cltan,sni. net CTTA, P 0 BOX 3524, En lewood CO 80155 Phone: 3031298-3384 Fax• 3031286-2016 htlpYlwww co/orado can . ~ 1997 BOARD OF DIRECTORS ELECTION PROCESS UNDERWAY It is election time for the Colorado Tiavel and Tourism Board of Directors. There are seven seats available: two "at-large" seats and one seat in each of the five business categories comprising Accommodations, Attractions, Food and Beverage, Recreation and Transportation. The candidates are: At-Large Mac Bailey, Crested Butte Central Reservations, Crested Butte Kitty Clemens, Official Visitor Guide to Pikes Peak and Colorado Springs, Manitou Springs Joe Collins, Fitzgerald's Casino, Black Hawk David Dischner, Claremont Inn, Stratton Jeffrey Haughton, Industrial Expositions Inc., Denver Alex Mickel, Mild to Wild Rafting, Durango Accommodations Keri Mills, Quality Inn at the Merchandise Mart, Denver Colette Ratcliff, Embassy Suites Denver powntown, Denver Attractions Jim Buoy, New Elitch Gardens Co., Denver • *Amos Cordova, Durango & Silverton Narrow Gauge Railroad, Durango Mike Perry, Dinamation International Society, Fruita Vern Thomson, Flying "W" Ranch, Colorado Springs Roy Turley, Roya1 Gorge Bridge Co., Canon City Food and Beverage *Bill Dutton, Buckhorn Exchange, Denver Gail Stephens, Stagecoach Steak & Ale House, Manitou Springs Recreation *Steve Bromberg, Silver Creek Resort, Silver Creek Tom Kleinschnitz, Adventure Bound River Expeditions, Grand JunctIlOn Do^ Ol:ver, Don Oliver's Fishing Gui-de Service, Durango Transnortation Tom Allee, Frontier Airlines Inc., Denver *Jim Bain, The Ski Train, Denver * denotes current Board member Ballots have been mailed to all cunent members as of November 7, 1997 and must be received by CTTA by Friday, December 5, 1997. Exercise your privilege to select the governing Board of the Colorada Travel and Tourism Authority by completing and mailing your ballot today! CTTA, P 0 BOX 3524, Englewood, CO 80166 Phone: 3031296-9384 Fax: 303/288-2015 httpJMnww.colorado.com ~ i 1997 REQUESTS FOR INFORMATION 1997 requests for Colorado travel information received through I-800-COLORADO, mail, Internet, and reader service: January 20,871 ' February 25,443 March 29,419 April _ 30,977 May 27,992 June 26,428 July 25,077 August 16,902 September 15,220 October 15,329 YTD 233,658 NEW CTTA MEMBERS-OCTOBER 1997 CTTA welcomed the following new businesses during October 1997: Cottonwood Inn & Gallery Alamosa Northwest Metro Chamber of Commerce Arvada Affordable Aspen/Colorado Aspen Snow Queen Victorian Bed & Breakfast Aspen Doubletree Denver Southeast Awora Sky Corral Ranch Bellwe Days Inn Boulder Boulder Golden Bu$'I,odge Boulder Historic Hotels of the Rocldes Boulder University Inn Boulder Colorado Central Station Casino Central City Chalice House Colorado Springs Hampton Inn-Colorado Springs Colorado Springs Escalante Ranch Bed & Breakfast ~lta Denver Center for the Perfornung Arts Denver Industrial Expositions Denver . Southwest Adventures Durango South Park Lodge & R V Park Fairplay El Rio Cantina & Grill prisco Whitewater Rafting LLC Glenwood Springs Country Inn Grand Junction Grand Vista Hotel Grand Junction 7W Guest Ranch , Gypsum Hotchkiss Inn Hotchldss Clear Creek County Tourism Board Idaho Springs _ CTTA, P 0 BOX 3624, En lewood, CO 80155 Phone: 303196-3384 Fax• 303/296-2016 http?lwww colorado com ,N Lafayette Chamber of Commerce Lafayette Lake City/Hinsdale Chamber of Commerce Lake Cit}r Timberline Motel Leadville Budget Host Exit 254 Inn Loveland Inn at Zapata Creek Mosca The Bross Hotel Paonia Ridgway/Telluride Super 8 Lodge R.idgway Gazebo Country Inn Salida Whitewater Encounters . Salida Alpine Lodging & Rentals Telluride Hotel Columbia Telluride Butterfly Pavilion & Insect Center Westminster Black Hawk Casino Owners Association Wheat Ridge RENEWAL MEMBERSHIPS-OCTOBER 1997 The following businesses renewed their CTTA memberships during October 1997: Three Rivers Outfitters Almont Aspen Chamber Resort Association Aspen Snowflake Inn Aspen ' Ute Mountaineer Aapen East West Resorts Beaver Creek Poudre RiverlRed Feather Lakes Tourist Council Bellwe Fitzgerald's Casino Black Hawk Boulder Mountain Lodge Boulder Wendy's of Brush Bxush Buffalo Jce's River Trips Bizena Vista Winfield Scott Guestquarters Central Citv Alikar Gardens Resort Colorado Springs Colorado Springs Marriott Colorado Springs Goldfield Campground Colorado Springs Painted Lady Bed & Breakfast Colorado Springs Sunset Motel Colorado Springs A Bed and Breakfast on Maple Street Cortez Arkansas River Tours Cotopaxi WW-s & Rivex R V Park Del Norte Denver Art Museum Denver Geo Tours Denver Holiday Inn Denver powntown Denver Priest Gulch Campground Dc?lores Alpen-Rose R V Park Durango Carver Brewing Company Durango Cascade Village Management Co. Durango Mild to Wild Rafting I?urango Red Snapper Restaurant Durango ' River House Bed & Breakfast Durango _ CTTA, P O BOX 3524, Englewood, CO 80155 Phone: 303188-3384 Fax: 303/298-2015 Mtp:ftyww co/o?ado com I 1 s a - Eagle Cliff Bed & Brealfast Estes Park Lazy R Cottages Estes Park Town of Estes Park Estes Park Valhalla Resort Estes Park Yogi Bear's Jellystone Park Estes Park Falcon Meadow Campground Falcon .Budget Host Inn Fort Collins Rocky Mountain Adventures Fort Collins Bighorn Rentals Frisco Managers Inc. Frisco Hillside House Georgetown Williamsburg Inn Golden Peachtree Inn Grand Junction Rawah Guest Ranch Jelm, WY Tarryall River Ranch Lake George Wood Haven Mannr BeAI & Brealdast Leadvilie McDonald's Limon Wendy's of Limon Limon Alice Ann's Bed & Breakfast Mancos Cedar Creek R V Park Montrose Montrose Convention & Visitors Bureau Montrose Santa's Workshop North Pole Ouray Victorian Inn puray Endaba Wildemess Retreat Pagosa Springs Whistling Acres Guest Ranch Paonia Comfort Inn Pueblo Sangre de Cristo Arts & Conference Center Pueblo Coulter Lake Guest Ranch Rifle Red River Inn Rifle Canyon Marine Whitewater Expeditions Salida River Runners Ltd. Salida Silverton Chamber of Commerce Silverton Riverbend Resort South Fork Best Western Ptarnugan Inn Steamboat Springs Steamboat Springs Chamber Resort Association Steamboat Springs Best Western Golden Prairie Inn Stratton Claremont Inn Stratton Mountain Haus at Vail Vail Vail Valley Tourism & Convention Bureau Vail Iron Horse Retreat Winter Park Winter Park/Fraser Valley Chamber of Commerce Winter Park Woodland Inn Bed & Bmakfast Woodland Park CTTA, P 0 BOX 3524, Englewood, CO 80155 Pbone: 3031298-3384 Fax• 3031298-2015 http://www coforado com I • io Y . SUNDAY, OCTOBER I2, 1997 Nafioncl ~ep*or~ t~1~c~c~r ~ork ~simes Golf Is Carving a Place in Colorado's Ski Country 1 ByJAMES8RO0KE CARBONDALE, Colo. - Wjth y per(ec[ swing, Jack Nicklaus recent- ly sent a golf ball arcing through [he ' thin mountain air, past a sylvan ~ backdrop of golden aspen leaves, a lenguid trout stream and the granite mass o( Moun[ Sipris. "When 1 first came up here, in . 1975, there was basically one puDlic golf course in the yail valley and n another in this vailey," said Mr. e: Nicklaus, the golf professional and th golt-course architect, a(ter inaugu- Be ra[ing qspen Glen, a course in the Aspen valley. "Now I have two in er each valley." ot In Colorado's hlgh country. 8o1f is experiencing in the 1990's the kind of th explosive growth that skiing had in ~ si the 1960's. Though no new ski areas Vi have opened in Colorado since 1982. Si the number o( golt courees In che vail • W and Aspen valleya he3 quaCrupled, to 20 trom 5. Along Aspen's 42-mile-long w river valley, golf courses are opening ~ at the rate of one a year. P Critics say this march of the golf r courses is accen[uating class divi- p sions. As real estate prices soaz, u workers [ j ce longer gd longer com- The As golf Ph~B~°Pb M' KeWn Molwey Ior 1Te Ne~ yprt 7y~y d mutes to obs in the otd-Plated re- pen Glen course in Carbundale, Colo., is one of many new, courses that have altered the landuape sort towns. In addition, mast ot the of the Colorado mountains in recent yeazs. The course was designed new wurses are private, doing tittle by Jack Nicklaus and ?us son. o to Iure vacationers who could help c~ the ski-town hotels fill rooms in the Bu< <he new courses are being puilt ists and having to get more gwern- k, summer and tall. in the "banana belts" - the valley ment approvals delayed the project But with private golf clubs charg- z areas that are often 1,500 feet lower until Mr. Kummer [inally gave up A~ ing initiation tees of up to $100,000 thsn the s?ci towns. ihe dream af last May. tt and greens [ees as high as $195 a Colorado's amateur athletes - sgl in Now, building onty on his own land, tx round, the demand tor memberships the morning, golf in the attemoon - Mr. Kummer said he hoped to start ec, led developers to plan a total of is now a springtime reality in the rnnstnction in a year on a develop. ~i has 10 more private courses in both val- Raclcies. ment with three golf courses, a 125- in Ne next decade. "We are almost 100 days longer in room hotel and 1,270 houses. ~ leys Only 2 of Vail valley's 11 courses ~ ~ terms of golfable days than they are "The di(ference is that the golf w are open to the public. The rest are . at the Vail golf courses," seid Fred courses are all built on private land," au private centerpieces ot luxury sec- Kummer, who is planning a develap- Mr. Kummer said of the boom in the sa ond-home developments Wce Aspen ment with 36 holes ot galf about 40 number ot courses. In Colorado, al- 1V1 Glen, a former 969acre cattle ranch minutes west of Vail. '"Ihe lower we most all ski areas are built on Forest P+ where empty quarter-acre lots on the " get in elevation, the longer the sea- Service 'land. Though no new ski tit Roaring Fork River sell for $575,000. sons we can have." areas have apened in Colorado in the ha "There are days when we will turn The experience of Mr. Kummer, last 15 years, the acreage of ski , away more golfers than we will take the owner of Colorado's largest hotel, slopes increased by 43 percent and 3n in; " said Ken Everett, direc[or of the the Adam's Mark ot Denver, is an ~e number of days spent skung in W Snowmass Ladge and Club, a public Jack Nicklaus example ot Colorado's gradual shift ~e state increased by 56 percenc sta course near here. in resort development to golf trom Colorado's rush to the greens can Wh In addition to trying W balance Sk~g be seen in Carbondale, once a gritty summer-winter resort ecoiromies, 6,000 teet than at sea level. Almost 30 coal +niner's town, 30 miies trom iso In the ald da Years e8o, he sterted the mountain golfing boom has been ys, t11e 1970's, golting ~titioning the Forest Semce (or a Aspen. attrlbuted w the aging of baby boom- seasons ran trom Memorial Day m permit ro build a ski area on Federal ~~In two months, we sold 38 Iots, ~ ers, the longer goiting seasons In the early October, and the courses were land adjoining 5,000 acres he owned. with only lO left to go," sald DavW A. " mountains and the tact that golf balls mostty at the bases ot ski areas like plthough the permit was issued ~ Burden, president ot The Melrose 801 travel about 12 percent tarther at Aspen, Copper, Keystone and Vail. 1981, wrangling with environmental- COMpIRY/Wes[, the developer of As- Me pen Glen. W?ren completed, the com- a h munity will hold 8301uxu lqmes. Me: Fgd°-o~, 35'P'n5E°'E1mu°~°'E mmc^a-7 ~ -ooP ooco N y< ~3 ai ° mm wm .~B o~.1D =°m °3 x•~-'o~'y~,°a^a'°~a'.~• w°w .o ~g°'ow So e+e5' aw ?5^ a3y °-$gaoF3o$gm'mSdgmw n~°A 3^ dgm aEAd~~~3Ag-:•e~ owooo~°' 15 ~R> eom~ c oa = o w S 3 ~ o L. ~ m ~ c a ^ ~ o ~ oo o;, o ~ n m a Q " yw'o y "d~ao~ 93~maoo0~wo ~eaw'"mn°~H~mm~ Nym'm~ w nm~ a~ m~ ~O~m~, e" a wn=yco<m ~ as~oA..~ A tig'S3 m~vo =-,°ZT,o~~ $ ° ammu,9'?m~~m Ag e ~ o0 ~ ~S ooamo ffmo e=ma~y 0? x y a aa3o m_u^, a $~5A4~~`g8.'$°y°'fD'P°m g~ooe~iB'° ~ 3~'o~36y'~~°y~ ~Eva~ n.~FfD<$A`~C1D~~.' o w~ o~~~ ~a •°wg wg°'~°.~- Em~E o :oo r oy5 ~ w3 ~o~w i~. ; 5e si''0.;5oc2. m~•• m 3 m y5 o a- ~ m ~o ~o,~ o m y m ee c eo 0 z m p, ° c A ~R n~ ^ Lf- o~e Q, -~i E m ~ oc ~ y y ~ m t+l ~ ~ m a o moa S a C~. m ocm ^x~= o,m a ~ ..r~ svE ~ m r~ ~ y^ omm < w E A -v~~88~o^w o a ° e mA n~^~o = ong o.mMq ~ ~momm A`~ ~~eo 3Ar. 1°(~°f 5'g ~e~ < o ~ ~gm'aoe~w r's E. u, S... rndo' ^ ~r>>Cy~•w" ~JOnfD f~Dn9 0 ^ ~MCC3~NN~0 ~ O n CS~yCmiNyaCR ^QnA0~mOP1d 3 m am nom~ 3,~• n .x w» g~.~ $ u,~' ~ o ~a. y^ y N 7• N ~ 7 m a o w> ~ y~ ~o m w m3 ~ c~ om ~oa~oo nw`~'m!^ooov 3SneEa`e o ^ 0 a O6 y o~mA u, m y~ N~ m° =,w' A a- w ~ooo ~ ao• w y m"~ 3 i~ _?m mAe ~p..m mae-- w~ mA~mn ~ev, ~e y m m3 $ 3~ nm ~S~ oaE o=.'o' mtiHO'~, y ~cr m~rvo rs a_.~~ u,oa Hom o w ~ o '~?~m'd o^oo A u;~.~ _W =a•eo'm~ o° ~•e o3,'Aw 4N ~ E. oao~m ca0~ m ~mo 8~o e$o e~ `8 a o° B B•.°, - 3°`~ mAm%° ean ••n cmp n~ o~:°.°°.r.:~ Sy~~°'~+~r nc m~o.. 3cp~-.~c,o4~°p^a >3E~~m~ny3d5P'omm~'o° fD=o~'0~wo,o~~t.i.,~&a £ay~-~i?Q, p^ S~'?~3.e•n~~B'cw.r~fDA •O -.m ` - . : . . . j~h . . _ '1~t September/October 1997 ' COLORADO DEPARTMENT OF TRANSpORTATION MIL E S TONE S "A BIMONTHLY NEWSLETTER HIGHLIGHTING COLORADO TRANSPORTATION ISSUES" New on S. H. 82: The Toad by the the Basalt Park-N-Ride Side of the Road The Roaring Fork River Valley between Glenwood Springs and Aspen is a busy corridor these CDOT helps protect a days, as S.H. 82 can attest. The outdated highway rare species habitat currently carries 23,000 vehicles a day, more than Interstate 70 through Glenwood Canyon, creating It may seem a small matter to some involving congesrion and safety problems. Mass transit alternarives Warty, 3%2-inch brown amphibians lrnown as boreal toads such as the Roaring Fork Transit Agency offer welcome but their decline across the Rocky Mountain West has relief from growing traffic counts, offering bus and shuttle scientists concerned. When a small popularion of rare service along the corridor. boreal toads was discovered alongside Interstate 70 west Last August a gravel park-n-ride lot was opened of Denver, the Colorado Departrnerit of Transportation near Catherine's Store, up valley from Carbondale, also got offering 32 parking spaces for commuters choosing to concerned and ,er}~.e + ~;e 1V 4~~r .~,JVL11Jr~s. V~.~a~~~,~ „m,~*1Q a has been ~ Ly 4 Va~.rwr. r ceremony was held to dedicate a second, 100-caz paved working with park-n-ride on the south side of S.H. 82 at Basalt Avenue biologists to . in Basalt. Together the sites will give drivers in the filter some Carbondale, El Jebel and Basalt areas an alternative to roadside ~ dnving their own vehicles up and down the valley. runoff to The $647,000 Basalt project resulted from protect a ~ cooperarion among federal, state, county and town breeding officials as well as the transit provider. According to pond. ~ CDOT construcrion engineer Ralph Trapani of Glenwood Photos this page by Gregg Gargan, CDOT ...contiaued next page Scientists differ about the cause of boreal toad decline: they suspect air pollution but that theory doesn't explain reduced populations in other, remote parts of the world. The toads live above 8,000 feet elevation, so another theory blames the greenhouse effect and ozone ~ depletion for allowing stronger ultraviolet rays to reach the surface, perhaps penetrating the protective mucous x~ membrane surrounding the toads' eggs. ~ - Alongside Interstate 70 in the high country, boreal toads breed and live in a small pond near the state right-of- way. Snowmelt and rain from the roadway washed • _ ` - = sediment with it, slowly filling the pond. So CDOT has been working to create a sediment pond at the outlet of a The Basalt Park N-Ride is a good example of interagency cooper¢tion. ...continued on page 3 Springs, "The Basalt pazk-n-ride is a great example of the parmerships that have been forged along the S.H. 82 Completion by next summer will offer motorists f our lane corridor. It will now be even easier for residents in the Parkway as it passes Cory Point Ranch on the way to Basalt area to take advantage of RFTA service. That Aspen. service is more important than ever, especially considering By far the largest project underway, involving the growth in traffic on S.H. 82." Traffic increased several of'the same construction techniques used for dramarically during the past summer. During June, braffic Interstate 70 through Glenwood Canyon, is the $25 million on S.H. 82 was ten percent greater than in the same month Shale Blwffs project between Brush Creek Road north of of 1996. Aspen and the Airport Business Center. This 3.5-mile Basalt mayor Richazd Stevens _ remarked that "RFTA service is very important to the town of Basalt, providing a lifeline for many of our residents. Basalt is proud to be the home of the largest park- n-n e on S.H. 82 and we will make good use of it." Eve Homeyer, who chairs the A~~.~ RF'TA Board, pointed out that compazed to the costs of other construction pro jects on S.H. 82, pazk-n-rides are relatively inexpensive but improve service for riders. S.H. 82 Hi hwa g Y : Projects ~ During the next seven yeazs, Colorado Highway 82 will undergo a dramatic transformation between Glenwood Springs and Aspen. The - corridor will be so busy with construction r- that CDOT has established an i n f o r m a t i o n Hotline, (970) 928-6682, so local residents may lmow about detours or lane A~ restrictions in advance. This aenal photo of S.H. 82 traffc near Basalt was taken On the S.H. 82 business route in Basalt, motorists last summer by CDOT photographer Gregg Gargan. and transit drivers alike aze adjusting their routes around a bridge replacement project over the Fryingpan River which started this summer. A$1.2 million project four laning will extend the roadway over the edge using replacing a 1938 steel truss structure is expected to be piers and two bridges; a wildlife underpass will be finished by the end of the year. provided as well. Completion is expected in autumn 2000. Four-lane highway construction is underway near The Shale Bluffs project has its own informarion Hotline the entrance to Snowmass Village, where a ten million for local residents, (970) 923-0312. dollar project is widening S.H. 82 at "Dump Curve," terracing the highwayouiward from a mountain near a The CDOT Web Site at www.dot.state.eo.us landfill to accommodate two lanes in each direction. offers new information each week. Page 2 ~ ~v.-....,...._.~ . CDOT helps protect boreal toads ...continued biologists also assigri nicknames to the amphibians: he had found a toad named "Ovid" by researchers. culvert, still allowing water to reach the ponds but settling CDOT has created intercept areas along other out sand before it reaches the breeding ponds. parts of Interstate 70 and throughout Colorado, with Initially CDOT was asked by the state Division of various designs; the "toad by the side of the road" effort Wildlife (DOW) to remove sediment from the breeding was the agency's first attempt at conserving habitat for a pond itself. This called for a toad roundup prior to the rare amphibian in the state right-of-way. " pond cleaning. Before maintenance crews set to work with heavy equipment, toads were captured and protected in , cages, then returned to the pond after sediment was cleared out. How does one round up toads? At night. Using science. Not only are toads caught, many are fitted with CAS GARCIA, ROGER CRACRAFT transponders so biologists may keep track of the ELECTED TRANSPORTATION amphibians' age, sex, location where first found, and travel patterns. In other parts of Colorado toads are fitted C011IVIISSION CHAIRMAN AND with radio-tracking equipment as well, in an attempt to learn preferred habitat and travel patterns. Research VICE CHAHVAAN programs lasring three or four years are in place, but toads may live twenty years, so biologists may develop other At their regular monthly meeting held August 21 longer range research projects. in Denver, Colorado Transportation commissioners elected During the activity CDOT employees learned their chairman, vice chairman and secretary for the coming how biologists trace the toads' history, using hand-held yeaz. scanners to read transponder information, identifying toads The new chauman of the 11-member policy boazd is Cas Garcia, a Manassa attorney who has served on r:ne commission since 1991. He represents District 8 in southwestern Colorado, a geographic area of thirteen - counties. Roger Cracraft of Aurora, a stockbroker, is the ~ new vice chairman. Since mid 1994 he has served District _ 3 representing Arapahoe and Douglas counties. Commissioners are appointed by the govemor, confirmed by the state Senate, and serve four-year terms. The members formulate general policy with respect to managing, building and maintaining public _ highways and other transportation systems in Colorado, but a separate seven-member Colorado Aeronautical A sediment pond built by CDOT will help intercept Board has, since 1988, set policy for statewide aviation roadway runoff and protect toads in a breeding pond interests. The Trallsport2tion CommissiOn advises azid Phoro by Gregg Gargan, CDOT makes policy recommendations to the governor and in the field. One toad, for example, had crossed a 13,000- legislators, and adopts various budgets and programs. ft. mountain range to visit a pond near the one CDOT cleared. Another one escaped the nighttime capture and Glenn Vaad, a Colorado Deparnnent of was found during the start of the pond cleaning by CDOT Transportation program administrator, was re-elected to maintenance worker Bob Adams. Bob discovered that serve as commission secretary. . Page 3 _ . . H ig h Sch ool Yo uths making new friends will be a positive plus to the next Learn about Aviation Careers Camp, also at Jeffco Airport. CACE Camps receive financial support from the Organized by the Fantasy of Flight Foundation Colorado Ae;ronautical Board, the Federal Aviation which has helped bring aviarion career informarion to Administrataon, Jefferson County Airport, the Colorado elementary and middle school children since 1993, the Airport Operators Association, the Colorado Pilots Colorado Aviation Cazeer Education (CACE) Camp held Association, the Experimental Aircraft Association and the July 137-18 at Jefferson County Airport near Broomfield Jepperson Corporation. gave high school students a view of aviation and its Students interested in details about next summer's opportunities. Camp may phone the activities director of the Fantasy of Flight Founciation, Marilyn Taylor, at (303) 659-7265. CACE Camp offered 15- to 17-yr-old youths first hand infonnation and tours. During their six-day session, 21 participants visited Buckley Air Narional Guard base, the Narional Center for Atmospheric Research, the U.S. Forest Service Fire Attack base, the Federal Aviation Administration, Lockheed-Martin Astronautics Center, ~ - and United Airlines Training Center. The participants visited with warbird pilots after F 3 four F-16s did a low-approach especially for them. They talked with air traffic controllers. They learned about daily operations from former Colorado Aeronautical Board member and Copter 4.pi18t-metPoro?ogist Mike Silva, and from current CAB member and airport manager Dave Gordon. And they ended their camp by "piloting" - taking Erin McClanahan and Cynthia Jurinak; both of the controls of - an aircraft from Jeffco Airport. For most Broomfield, enjoyed the firsr CACE camp. Phoro of the lads, this was a"first-ever" entry in their logbooks. cvunesy of rhe Colorado Division ojAeronaurics. Two young ladies with aspirations to become fighter pilots logged their first loops, rolls, and spins. Dennis Roberts Leaves The success of the Camp was expressed in the response of one camper, when asked whether he was going Aeronautics Division to pursue an aviation career: "Definitely. I want to be able to work at something I love and get paid for it." It's n.ot exactly "Mr. Roberts Goes to Washington" but close; Dennis Roberts, director of the A second Camp is already being planned for July state's Division of Aeronautics since it began in 1989, has 1998. Applicants are screened and evaluated based on accepted a position with the Aircraft Owners and Pilots their extra-curricular activities as well as their grades Associarion in Frederick, Maryland. how they handle themselves in sports, school activities, and community services. Participation in next year's Colorado was the last of the 50 states to get an Camp will be opened to kids statewide; organizers are aviation arm of government; Roberts opened shop July 1, looking for local "CACE-camper" families to host out-of- 1989 as a"staff of one" with a total annual budget of towners in their homes during the session. Meeting and $67,000 to serve the state's airports and pilots. The staff Page 4 continued next page- ~ Another innovative program vnthin Colorado since is still small, but its innovation and influence have other 1993 has been Pavement Condition Indexing (PCI), a states copying our ideas. system for evaluating and monitoring airport runway and taxiway pavements. It combines good riming and good In 1988 the General Assembly passed legislarion science: by repairing runways early enough in a creating a seven-member Colorado Aeronautical Board. deterioration phase, airport managers save money that Initially, the fledgling (no pun intended) Division of would be spent on costlier repairs later. The technology is Aeronautics was housed with the Department of Military being borrowed by other states who have seen our state's i Affairs; today it is administratively part of Colorado efficiency. Department of Transportation but aviation policy is set by ' the "Aero" board. Roberts and his staff of seven employees have worked with organizations such as Fantasy of Flight to One of the first major accomplishments serving develop educational programs and tours for elementary and aviation was to re-direct (as called for in the Colorado middle school children, and are now beainning a program Constitution) jet fuel and aviation gasoline tax revenues called Colorado Aviation Career Education (CACE) Camp toward development of the state's airports, instead of into the state General Fund where funds had gone for decades. Last year, for examPle, nearly $8 million was : .r~y ~ ~'`'~r^~~~~ F K~ j?~~j` i generated in direct entitlements based on state aviation fuel tax reimbursements to airports. ~°x t w~ . _ _ : . . After setting up apportionment procedures, the Division developed a system ofhearings to distribute discretionary aviation grants. Matched with local - funding and.federal.grantse, state grants have helped provide rescue trucks, runway repairs hangars maintenance, fuel tanlc replacement, runway lighting, airport equipment and more. The first hearings were -s- held in 1991/92; as of this year, the Division Roberts started as a "staff of one" has distributed nearly $10 ~ million in discretionary funds into grants for airport improvements statewide. Thanks to an innovative parrnership with the U.S. Air Force, employees from Colorado airports continue to train for Aircraft Roberts saw the need for better Aircraft Rescue Rescue and F'ire Fighting at the Peterson AFB mock C-130. and Fire Fighting (ARFF) training for airport operators photo by Carl Sorrentino, CDOT. across the state, who had to travel to other states annually for high school students interested in aviation. There is for formal courses, or who devised their own "training" by also an internship program for college students working at setting oil drums of fuel on fire at airport sites to simulate airports. Some of the programs are coordinated with the airplanes on fire. Working with military commanders at Wings Over the Rockies air and space Museum on the the Pentagon and at Peterson Air Force Base in Colorado former Lowry Air Force Base in Denver. Springs, he initiated the first cooperative program whereby airport operators could train on military facilities. "We've eamed credibility with airports, the Hundreds of airport employees have trained on a mock C- Federal Aviation Administration, and U.S. Deparoment of 130 at Peterson AFB, called a live-bum simulator, Transportation and have gained the respect of the state since 1993. Following Colorado's example, other states legislature." says Roberts, "Our successes took a lot of have set up agreements with military bases to train state airport fire fighters. hard work, but the people in this Division have always taken pride in what they do. Together we have made a page 5 continued on back page ~ ~ WASHINGTON UPDATE ! ~by Jim Young - Linton, Mields, Reisler & Cottone, Ltd I n ~ The predicted September showdown between two very different House and Senate ISTEA reauthorization bills now is delayed until late October or possibly November, with a rematch penciled in for next spring. Meanwhile, the U.S. Depariment of Transportation appropriations bill for Fiscal Year 1997-98, which began October 1, became a quickie measure that was built to last only until October 23. As this was written for Milestones, a final U.S. DOT appropriations bill with a highway obligation ceiling of $21.5 billion (the House level) had been agreed to by conferees but not brought to the House and Senate floor for final passage. Even with a final appropriations bill in place, U.S. DOT will be sharply limited in the highway and transit funds it can release to state and local agencies until a new reauthorization bill is enacted. Colorado and other states were issued temporary apportionments of obligation ceiling to cover the 23-clay period. Appropriations. The DOT appropriations bill was not expected to run into any serious opposition in gaining final approval. The only unresolved question was whether the president would exercise li.ne-item veto authority over any of the provisions, but there had been no indication of any White House threat to do so. In general, the final DOT appropriations show significant increases in the major transportation trust fund programs, especially in the highway program, up by $3.5 billion over last year's $18 billion. ISTEA Reauthorization. While the House and Senate continue on their collision course toward a conference meeting that would ha.ve two different bills to consider, the Senate bill still faces an uncertain future on the floor. In late September the House Transportarion and Infrastructure Committee retreated from chairman Bud Shuster's (R-Pennsylvania) goal of a$38 billion annual highway and transit prograzn. Forced by Speaker Newt Gingrich (R-Georgia) to honor budget limits, Shuster went to his .fall-back option, a six-month bill that would bring the programs back for a long-term extension early next year. At the committee level, issues in the Senate bill have included a new proposed infrastructure bond provision and an extension of the ethanol tax break through 2007. On tihe Senate floor, the reauthorization package faced dozens of amendments, many of them deliberately side-stepped at the committee level, and floor debate began October 8. Amendments include efforts to change or eliminate Disadvantaged Business Enterprise, Davis-Bacon and other procedural requirements; major changes in the bridge and Congestion Mitigation\Air Quality programs; and various altemarive state apportionment formulas. The need to do something forAmtrak, which might run dry of operating cash before Congress can help it next spring, could also affect the fate of the highway bill in the Senate. 1998 Scenario. In addition to the six-month ISTEA extension passed by the House, Shuster's committee also approved a six-year bill, one that busts the budget by taking the highway and transit programs to Shuster's goal in three years and keeps them there through FY 2002. In the Senate, the strategy might be just the opposite: a six-yeaz bill, with senators understanding they can go along with a six-month bill in case the multi- year package is refused by House conferees. pQge 6 continued next page ~ ~ The six-year House bill, which is being held at the committee until next year, is the carrot that Shuster will dangle before the House in early 1998 as he seeks first crack at the new, increased federal revenues now predicted by both White House and Congressional budget staffers. By laying claim to a big chunk of those revenues as they are folded into revised multi-year deficit projections, Shuster hopes to assemble the money necessary to pay for his package. Having been ordered by the G.O.P. leadership to wait until next year, Shuster was denied an early bite at the newly anticipated surpluses and will have to fight it out with everyone from fellow Republicans seeking to pay down the national debt (or at least cut taxes) to the Clinton administration wanting to increase funding for . education and other programs. It is important to note that transportation and infrastructure, when they show up on wish lists of Gingrich, Clinton and other key players, rank at the bottom of those lists. For the short run, there is no sign that House and Senate can agree on anything but a six-month package, and the Senate leadership was not admitting it would accept a stopgap bill as yet. Debates over other issues (especially formulas) will be hard to resolve before Congress goes home for the year, probably at Thanksgiving. But even if the Senate six-year bill is a dead duck now, it might be worth pursuing because of the effort it will save next year. Senate Environment and Public Works chairman John Chaffee (R-Rhode Island) reportedly is willing to do what it takes to thrash out a multi-year bill now, rather then in the spring, to avoid giving all parties more months to wrangle over a Senate bill. Then next yeaz, once the new budget sets multi-year limits for transportation spending, he and Shuster could go to conference without having to hold new mazkup sessions and floor debates in their respective chambers. It's too eazly to say whether that strategy will hold up between now and March or April 1998. Policy Board meetings November 19 Transportarion Commission budget workshop in Denver 9 November 20 Transportation Commission monthly meeting in Denver 9 December 5 Colorado Aeronautical Board meets in Denver W 9 Dec. 17-18 Transportation Commission special and monthly meetings aZ February 6, 1998 Colorado Aeronautical Board working session "roundtable" with representatives of the state's aviation community (pilot, airport operator, and general aviation organizations) . ~ It Contacts: W Transportation Comm.ission, Dianne Cavaliere, (303) 757-9207. WW Colorado Aeronautical Board, Caroline Scott, (303) 792-2158. Page 7 ~ ~ New Southwest Region DirectoY: Colorado Aeronautics, continued... RichaYd J. Reynolds mark in improving Colorado's aviation, and I hope this The Colorado Department of Transportation has a spirit of innovarion continues." new Region 5 director to head up CDOT operations in 15 southwestern counties, replacing A1 Shablo who retired Roberts' title at AOPA is vice president for earlier this year. Governmental and Technical Affairs. He will direct three Richard J. Reynolds brings to his new position 25 other vice presidents and various field representarives years of experience in transportation planning and dealing with state and regional airports, airspace and air operations management, including 11 years as director of traffic issues, and regulatory issues (pilot requirements, , operations for Denver's Regional Transportation District. airport operations, etc.) In addirion, he will serve as Most recently, he ran his own consulting company secretary general to the Intemational AOPA, representing specializing in transportation planning and bus and light intemational aircraft owners and pilots on a board of rail systems. He eamed a bachelor's degree in industrial directors for the International Civil Aviation Organizarion management, a master's in transportation engineering and (ICAO). a juris doctorate in law. "I've worked with CDOT through the years on - many projects," Reynolds said. "I'm very excited to have MILESTONES iS ~tIb~IS~'I2d SIX-tifi2S dyetlT this opportunity, especially during a time when there is so by the Pubtic informatton afflce much acrivity in Region 5." Regional offices are in Durango. Cdi~ Sf3CTeI1~li10, et'~i~0~: The conbents of tlus newslet6er are not copyrighbed and may be used freely. Where appropriate, please credit CDOT. COLORADO DEPARTMIINT OF TRANSPORTATION MIL E S TONE r S BULK RATE 4201 EASf ARKAIVSAS AVENUE DENVER, COLORADO 80222 U.S. POSTAGE (303) 757-9228 PAID PERMIT NO. 738 IN THIS ISSUE: ' Denver,CO ? S.H. 82 projects - ?~1~; ;y~ ~ ? Toad bythe Road • , ~ Ma yor^ o f V a i 1 ? Commissionofficers ?J S. Frontage Rd. Wzst Vail. CO 8165; d~ ? Colorado Aviation news ? Policy Board calendar ? Region 5 Director Y.c ' T L VAIL VALLEY TOURISM & CONVENTION BUREAU UV 100 East Meadow Drive • Vail, Colorado 81657 November, 25 1997 Bob Armour Town of Vail 75 S. Frontage Rd. W. Vail CO 81657 Dear Bob: Seasons Greetings! The Vail Valley Tourism and Convention Bureau invites you and a guest to attend the 24th Annual President Ford Tree and Menorah Lighting Ceremonies. This year's holiday festivities take place in Lionshead and Vail Village on Friday, December 19. We welcome you to join President and Mrs. Ford along with many local dignitaries for this Vail holiday tradition. The schedule of events is as follows: 5:30 p.m. Choral performance by the Eternal Life Choir - Chart House Deck Dignitaries' reception - Chart House dining room 6:00 p.m. Lionshead Ceremony begins - Chart House Deck 6:30 p.m. Ceremony concludes, dignitaries move via carriages and vans to Colorado Ski Museum. 6:45 p.m. Warm-up reception - Ski Museum 7:00 p.m. Choral Performances by United States Naval Aviation Choir and Vail's Dickens Carolers - Parking Structure overlooking Slifer Square 7:30 p.m. Vail Ceremony begins - Parking Structure overlooking Slifer Square 8:00 p.m. Choral Performance by the Eternal Life Choir - Slifer Square You are invited to attend one, or both of the ceremonies as well as all the choral performances. R.S.V.P. by December 12, to VVTCB special events director, Bill Brice, by calling 970/476- 1000, extension 3050. We hope to see you on December 19th! Sincerely,f j l / William J. Brice Director of Special Events and Communications Central Reservations 1-800-525-3875 Group Sales (970) 479-2360 Busi?iess Ojjice (970) 476-1000 Group Sales 1-800-775-8245 FAX (970) 479-2364 FAX (970) 476-6008 DEC- 2-97 TUE 3:37 ST. JOSEPHS MED I CAL CTR FAX N0. 2188283122 P. 01 Klo.,,.-, U. k S~ ~V ~ A Ma ° ~ 3 S' pFCr s 9 C? j v G a llo w ~ `~h c~ ~ ~J C ~ '7~ hq4~-e Y?r - ~'~i^ L ; o*~ s 'u e' ~ `-JC • Mqs p~9--, ~ .s~,~~~~~y -~r~9 ~ se~;Gy s• ; ~ ? ~ r v`; /.e I• S' n~, li Q.'"'~ L ,7 s- Ne, ~ r;s , m9 s S a „ fot, G ~.'/~.1,`~~ s ~ ,f ,•~h 'f eA. C 4r .n C P~ri~~i~i ~ a~ ~ 1 a,, ~ +n~. ~ YG'"~' ~ ~a ~n ,sq~ Gy G R, a i. ~7 I~ei ~ ~ G ~ r" c Q...- a17 A-~ r c,r r e~~ 5-~~ S' f' c-R- ~ s c. e. ' DEC 01 '97 05:19PM P.1i2 Vail Associates, Inc. FOR IMMEAIATE RELEASE ~ . Media contacts: John Dakin, Vail'Valley Foundarion (970) 949-1999 . Sue MacCormick, Vail Valley Foundation (970) 949-1999 Rob Perlmazx, Vail Associates (970) 845-5721 BEA'VER CREEK TO PICK YJP CANCELLIED MEN'S WORLA CUF DOWNHII.Y. FROM WHISTLER . BEAVER CREEK, Colo. - Decembez 1, 1997- The inaugural flight of the new Bizds of Prey men's downhill course at Beaver Creek 'uvill be accelerated by one day as'Vail Valley • zace organizers have confirmed that they will pick up the World Cup men.'s downhill that was canceled in Whisder Mountain, Canada last weekend. The additional race will be held on Thursday, Aecember 4, at 12:00, one day earlier than the originally scheduled December 5 kickoff for the new course in conjunctaon with the 1997 ' Chevy Blazer internarional Ski Festival. Ownm mdOpe,vmrs d vdtarmvC,eerwro,r At this time, the remaxnder of the Beaver Creek World Cup schedule will be as planned, with a men's Wozld Gup downhill on Fziday followed by the Super-G on Saturday. "'We aure pleased that we could step in and pick and up thzs additional race," explained Yohn Gaxusey, President of the Vail Valley Foundarion. "The additional downhill will only serve to enhance an already geat weekend of sld racing at Beaver Creek." . "Picldng up this race continues a long-stand'vag tradition in the Vail Valley," offered Andy Daly, President of Vail Associates. "Since 1987, we have regularly accepted additional . Wvrid Cup races that have been canceled at other resorts. This is a gxeat tribute to the race departrnent amd mountain opc7ations crews of Vail Associates, as well as the staff of the Vail Valley Foundation." -moze- . 9O OwNnhtimn 1AIU~lM1~C7LFC c u~d I. .0 PO 9ox 7- Vail. Colarlda • 81658 • phone 970 845 5720 ~ fax 970 845 5728 i,~~ DEC 01 197 05:28PM P.212 BEAVER CREEK PICKS UP AbD'L RACE 2-2-2 . Initially identified by VaiI founder Pete Seibert and designeii by Olympic gold medallist Benahard Russi of Switzerland, the Birds of Prey course will serve as the site of the men's downhill and combined downhill for the 1999 Woxld Alpine Ski Championships, in addition to annual World Cup events. . The schedule of public festivities will also remains the satYie with the addition of the new race, with the Aownhill Public Pick on Thtusda.y evening, December 4, and the Birds of Prey bedication Ceremony at 11:15 a.m_ ozz Friday, December 5. The location of the makeup men's Super-G from Whistler zs still being discussed. -30- For on-line access to press releases and other media information on Vail lZesorts, please visit our media website at http:/lwww.sldpress.cozn Vail Associates9 Inco November 24,1997 ~ Bob McLaurin Town Manager, Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Mr. McLaurin, I am writing to both thank and commend the members of the Vail Fire Department for another job well done. On Sunday evening November 16 the Vail Fire Department responded to a water flow alarm at the Golden Peak Lodge. Upon arrival they found water in one of the brand new condominiums. Unfortunately, this was the only condominium that had been occupied. The fire department reacted quickly and turned the water off. They then pushed the majority of the water out the sliding deck doors. Drop cloths were laid on the floor and the furniture was placed on wooden blocks. This response is above and beyond what is required and is much appreciated. I do not write many letters. I would like to take this opportunity to comment on the Fire Department's performance overall. Over the years I have had considerable OwneitandOperatorsof contact with members of the fire department in many different aspects, ranging Va;l,BeaverCreekResort from inspections, new construction projects, ongoing concerns and emergencies. andArrowheadMountain There have been code issues where we may not see eye to eye. This is to be expected. At all times I have been impressed by the fire department's professionalism and helpfulness. I have vivid recollections of emergencies where fire department members have performed exceptionally. Some of these incidents include emergencies well out of their normal scope of cp2rations. Fire .ard police services often go unappreciated until something in their operations go wrong. It is hard to appreciate what these people go through until you are in their shoes. The town and the community should be appreciative and supportive of their efForts. Thank you for all of their help. Since , r ! ,N /Bob Egi ' Security Manager Vail Associates, Inc. ~ cc. Dick Duran I999 WOALU ALPINE 5[I CNAM/IONSHIPf VAlL11F,1VElCIFF[ c aI a I, o 0 PO Box 7 e Vail, Colorado . 81658 . phone 303 476 5601 `a To: Members of the Vail Town Council, Bob McLaurin From: Suzanne Silverthorn, TOV Community Information Offic Subject: Town Council Photo Display Date: 12-2-97 It's time to update our Town Council photo display at the entry to the Council Chambers. If you'd like to update your current photo--or in Michael Arnett's case, need to have a photo taken-- please call Rex Keep at 926-9204 to schedule an appointment. Please note that Rex has moved his studio to the Edwards Village Center (behind Stop `N Save). The portrait fee is $35 each and will be funded through the Community Information Office. We'll also print up 3x5 black and white photos of each of you to be distributed to the newspapers for file photos. If you have any questions, feel free to contact me at 479-2115. Thanks, in advance, for your cooperation.