HomeMy WebLinkAbout1998-04-07 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, APRIL 7, 1998
2:00 P.M. AT 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 . Mike Warren 10 Year Anniversary. (5 mins.)
2. Brad Baldwin 10 Year Anniversary. (5 mins.)
3. DRB Review. (15 mins.)
4• Inclusionary Zoning Presentation. (10 mins.)
Chuck Ogilby
Kent Rose
5. Discussion of Ordinance No. 5, Series of 1998, an ordinance amending
George Ruther Title 11, Sign Regulations, of the Municipal Code, allowing for temporary
traffic control , directional and on-site window signs, and a special review
process for temporary signs, due to the numerous construction projects '
in Vail Village during the 1998 summer construction season. (10 mins.)
ACTION REQUESTED OF COUNCIL: Review Ordinance No. 5, Series of
1998, which is on for first reading this evening.
BACKGROUND RATIONALE: On Tuesday, March 31, the Town of Vail
hosted a Vail Village Contractor's Meeting. The purpose of the meeting
was to have a discussion with the Town of Vail, the contractors, the
merchants and the Vail Village property owners regarding construction in
Vail Village during the 1998 summer construction season. During the
discussion, it was suggested that the Town of Vail adopt an ordinance
aNowing for temporary traffic control, directional and on-site signs in Vail
Village. The goal of the proposed ordinance would be to help minimize
the negative effects of construction on Vail Village this summer season.
It was suggested that the ordinance be similar to the temporary sign
ordinance the Council passed last May to minimize the effects of the
West Vail Roundabout construction on the West Vail merchants.
STAFF RECOMMENDATION: The Community Development Department
recommends that the Town Council approve Ordinance No. 5, Series of
1998, on first reading.
6• Information Update. (10 mins.)
7• Council Reports. (10 mins.)
8• Other. (10 mins.)
9. , Aciirn irnmant - '4• 1 r, m
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
I I I I I I I
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 4/14/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWlNG VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 4/21/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 4/21/98, BEGINNING AT 7:00 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.WS
2
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, APRIL 7, 1998
7:00 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:
A. Approve the Minutes from the meetings of March 3 and 17, 1998.
(5 mins.)
3. Ordinance No. 3, Series of 1998, second reading of an ordinance
Dominic Mauriello amending Special Development District #30 (Vail Athletic Club) and
Ordinance No. 2, Series of 1996, to allow for a change in the number of
dwelling units/accommodation units, modifications in common area
square footage and GRFA, a modification to the EHU timing
requirements, and amending the development plan in accordance with
Title 12, Chapter 9, of the Vail Municipal Code. The Vail Athletic Club is
located at 352 E. Meadow Drive, Parcels A& B, Vail Village First Filing.
This hearing shall constitute the second reading of Ordinance No. 3
Series of 1998, amending SDD#30 and Ordinance #2, Series of 1996.
(30 mins.)
ACTION REQUESTED OF COUNCIL: Approve, approve with conditions,
or deny Ordinance No. 3, Series of 1998 on second reading.
BACKGROUND RATIONALE: The PEC has recommended approval (by
a vote of 6-0) of the applicants request. Please see the staff
memorandum in the Council packet and the Vail Athletic Club floor area
anaiysis.
STAFF RECOMMENDATION: Approval. Please see the staff
memorandum to the PEC dated 2/10/98.
4. Ordinance No. 5, Series of 1998, first reading of an ordinance amending
George Ruther Title 11, Sign Regulations, of the Municipal Code, allowing for temporary
traffic control , directional and on-site window signs, and a special review
process for temporary signs, due to the numerous construction projects
in Vail Village during the 1998 summer construction season. (10 mins.)
ACTION REQUESTED OF COUNCIL: Approve, approve with conditions,
or deny Ordinance No. 5, Series of 1998, on first reading.
BACKGROUND RATIONALE: On Tuesday, March 31, the Town of Vail
hOSted a Vail Villanr? C:nntrac+nr'c MPOti1tA Thc ni irnn~n i+f 44... ....a:....
. . - r....~......v vuw fiv.u~y
was to have a discussion with the Town of Vail, the contractors, the
merchants and the Vail Village property owners regarding construction in
Vail Village during the 1998 summer construction season. During the
discussion, it was suggested that the Town of Vail adopt an ordinance
allowing for temporary traffic control, directional and on-site signs in Vail
Village. The goal of the proposed ordinance would be to help minimize
the negative effects of construction on Vail Village this summer season.
It was suggested that the ordinance be similar to the temporary sign
ordinance the Council passed last May to minimize the effects of the
West Vail Roundabout construction on the West Vail merchants.
t
STAFF RECOMMENDATION: The Community Development Department
recommends that the Town Council approve Ordinance No. 5, Series of
1998, on first reading.
5. Proclamation No. 2, Series of 1998, a Proclamation of Teacher
Appreciation Week. (5 mins.)
6• Proclamation No. 3, Series of 1998, a Proclamation for Days of
Remembrance for 1998. (5 mins.)
7. Proclamation No. 4, Series of 1998, a Proc{amation declaring the week of
Gary Goodell April 5-10 as International Building Safety week in the Town of Vail. (5
mins.)
ACTION REQUESTED OF COUNCIL: ADOPTION of International
Building Safety Week proclamation.
BACKGROUND RATIONALE: The week of April 5-10 is International
Building Safety Week, as sponsored by the Building Officials & Code
Administrators International, the Council of American Building Officials,
the International Code Council, the International Conference of Building
Officials, the National Conference of States on Building Codes &
Standards, the Ontario Building Officials Association, the Southern
Building Code Congress International and the World Organization of
Building Officials. To celebrate both International Building Safety Week
and the spring Construction Kickoff, the Building Safety & Inspection
Services Division will be hosting a number of events during the week,
including an open house, discussion sessions with the staff, etc.
STAFF RECOMMENDATION: Staff recommends that the Town Council
ADOPT the proposed proclamation declaring the week of April 5-10 as
International Building Safety Week.
8• Proclamation No. 5, Series of 1998, a Proclamation Honoring American
Athletes who Medaled in the 1998 Winter Olympics in Nagano, Japan. (5
mins.)
9• Discussion of Eagle County Recreation Authority/School District
Tom Moorhead Intergovernmental Agreement for Berry Creek 5th. (30 mins.)
ACTION REQUESTED OF COUNCIL: To review the proposed Concept
Plan and provide direction to the Town of Vail representative to the Eagle
County Recreation Authority. On January 27, 1998, Rick Pylman, Peter
Jamar Associates, Inc., who has been responsible for the planning on the
Berry Creek 5th parcel made a presentation to Town Council describing
the Concept Plan for the Berry Creek 5th Filing and Miller Ranch.
BACKGROUND RATIONALE: After a series of public meetings
conducted by the School District and attended by the Board of the Eagle
County Recreation Authority, discussions have continued between the
Authority and the District to engage in a joint planning process for the two
properties. This joint planning process is an approach that has been
consistently recommended by the Community Development Department
of Eagle County.
7he Concept Plan provides for designated uses of a high school site
being located on the western most edge of the Berry Creek 5th parcel.
There will be portions of the Miller Ranch which will be conveyed to the
Recreation Authority for recreational, housing, and open space uses.
The other members of the Eagle County Recreation Authority have
unanimously agreed to proceed with the joint planning process.
STAFF RECOMMENDATION: Approve the Concept Plan.
k
10. Vail Valley Center Town Council Summary of Action. (5 mins.)
Rob Ford
11. Notice of Common Ground Public Meetings to be held Tuesday, April 14,
Rob Ford 1998, from 9:00 a.m. to 11:00 a.m. at the Vail Cascade Hotel; and on
Thursday, April 16, 1998, from 5:00 p.m. to 7:00 p.m. at the Sonnenalp
Hotel. (5 mins.)
12. Town Manager Report. (10 mins.)
Bob McLaurin
13. Adjournment - 9:00 p.m.
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
I I I I I I I
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 4/14/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 4/21/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 4/21/98, BEGINNING AT 7:00 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
L
COUNCIL FOLLOW-UP
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS
1998
2/24/97 VAIL PASS BIKE PATH LARRY: Since the west side of the path is in Region 1(John Larry is preparing a letter to John Unbeuweust, Region I Director for
Kevin Foley Unbeuwest), perhaps a different strategy can be worked out CDOT, re: the needed repairs on the Vail Pass bike path. He will provide
to repair the numerous potholes, etc. Cooperating parties: an info. copy of this letter to you.
Trails Committee from the ECRTA, TOV commitment of
equipment/operators, and CDOT.
3110/98 VTRC CARBON MONOXIDE BOBISUSIE C: A low levei indication of CO has been found We are gathering information and will provide that to you at the next work
Mike Arnett at the Village parking structure. session update re: what steps have been taken to this point and what steps
need to be taken, is any. We have monitored this before and the results
have indicated that the levels are weli below those that pose a health risk
to humans.
3/24198 BOOTH FALLS BURN RUSSELL: When is the proposed USFS to occur? USFS will meet with staff prior to the Council meeting discussion. They will
Rob Ford be available to present to Councii at the evening meeting on April 21 st.
USFS has not confirmed this is a"go" for 1998.
3124/98 COUNCIL STORAGE/OFFICE PAM: Is there an area in the municipal building where Staff wili poll Council members as to actual need and make appropriate
SPACE Council members can store materials, have access to a arrangements
Sybill Navas phone, and arrange meetings?
3l24198 OPEN HOUSE/GARAGE SALE TOM: When is this scheduled for public review? First reading of the ordinance is scheduled for the evening meeting April
SIGNS 21st.
Mike Jewett
Apri12,1998, Page 1
GUARD RAIL ON SOUTH FRONTAGE BOB: What is the current status? The guard rail from the Cascade to the Ruins will be installed by CDOT as
ROAD ADJACENT TO THE "RUINS" part of the I-70 overiay project this summer.
Mike Jewett -
Apri12, 1998, Page 2
Agenda last revised 4/02/98 9am
DESIGN REVIEW BOARD AGENDA
Wednesday, April 1, 1998
3:00 P.M.
NEW MEMBER ORIENTATION - Hans Waldrich 1:15 pm
PROJECT ORIENTATION / NO LUNCH - Community Development Department 1:30 pm
MEMBERS PRESENT MEMBERS ABSENT
Brent Alm
Clark Brittain
Bill Pierce
Hans Woldrich
John Schofield (PEC) -
SITE VISITS 2:15 pm
1. Red Sandstone - 945 Red Sandstone Road
2. Tall Pines - 2339 Chamonix Lane
Driver: Dominic
PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm
1. Swearing in of new DRB member Hans Woldrich and reappointed DRB member Clark Brittain -
Lorelei Donaldson, Town Clerk.
2. Tall Pines Subdivision Lot 2- Conceptual review of new duplex. Dominic
2339 Chamonix Lane/Lot 2, Tall Pines Subdivision.
Applicant: Claes Holm
CONCEPTUAL - NO VOTE
3. Red Sandstone Affordable Housing Development - Conceptual review of 18 unit Dominic
development proposal.
945 Red Sandstone Road/Part of Parcel A, Block D, Lionsridge Filing 1.
Applicant: Town of Vail
CONCEPTUAL - NO VOTE
4. Hong Kong Cafe Building - Conceptual review of a new building addition. George
227 Wall StreeULot B& C, Block 5C, Vail Village 1 st Filing.
Applicant: ASI Vail Land Holding, L.L.C., represented by Kathy Langenwalter
CONCEPTUAL - NO VOTE
5. Mountain Haus - Conceptual review of the proposed west entry addition. George
292 East Meadow Drive/Part of Tract B, Vail Village 1st.
Applicant: Stephanie Lord
CONCEPTUAL - NO VOTE
1 TOVVIV*VAIL
~6. Lot 16 - Conceptual review of a new primary/secondary. George
1803 Shasta Place/Lot 16, Vail Village West #2.
Applicant: Pat Dauphinias
CONCEPTUAL - NO VOTE
7. Slifer Designs - Conceptual review of proposed improvements to the Bridge George
Street facade.
230 Bridge StreeULots B&C, Block 5, Vail Village 1 st Filing.
Applicant: Slifer Designs, represented by Jim Buckner
CONCEPTUAL - NO VOTE
Staff Approvals
City Mar{cet Store #142 - New sign. Christie
2017 North Frontage Road WesUVail Commons.
Applicant: City Market, Inc.
Sandstone Creek Club - Temporary pool. Dominic
1020 Vail View Drive/Lots B4 & B5, Vail Potato Patch.
Applicant: Sandstone Creek Club
Jardis residence - Driveway relocation. Christie
1415 Westhaven Drive/Lot 526, Glen Lyon Subdivision.
Applicant: Rivers Jardis
Adair residence - Additions and alterations to existing house. Christie
3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13th.
Applicant: John & Kathy Adair
Arcardo residence - Addition. George
1998 Sunburst Drive/Lot 19, Vail Valley 3rd Filing.
Applicant: Nate Accardo
Chateau Tremonte - New sign. Christie
1890 Lionsridge Loop/Block 2, Lot 27, Lionsridge Subdivision
Applicant: Lot 27, LLC
The applications and information about the proposals are available for public inspection during regular
office hours in the project planner's office, located at the Town of Vail Community Development
Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or
479-2356 TDD for information.
2
i
. r
March 30, 1998
MX'. RA}J FC7rCI
Mayor, sowr: of Vail
Vai1, G(?. 81657
Dear rir. . Forci,
The Vail Tomorrow Affordable Hesusing Team has acTopted a atandard af
housgng 62% of Vail's workforce witrin ti1e bocandarzes of the TQwn of
Vai1.
We are presently wdrking wa.th Council on an annual fundi.ng saurcP
for housing and Zocating buil.ding sites for deed restricted hausing.
However, in light of the many pending deaelopment and re-development
p3,ans in Vai1, we also feel the imzrgerliate need ~ar caminercial
incZusxonary zaning. We hope that such an ordinance xs approY7ed soor;,
prior to more pro j ects being bi' i lt or renovated.
The follawing are our objectives of suc°h an orctinance:
1. The use of a formula sim41ar to the Sna?nrmass Vallage
ordinance tc, aceomplish 62% cr£ a prcaject' ~~mployee housing need an
site. ~
2. Provi.de an off site, but in the Tawn of Vail hnusing
alternative to meet any balance of the required 62/.
3. Provide acash xra lieu of formula for meetinq the 62% on
site requirement with guarant;eed 7 ease backs in a new project off site.
This alternative would be at the option of Council.
Please encourage the Tawn Council to act on this as soon as
possible and attempt to persuade t;ae ba]-arrce of Eagl.e Caunty to do the
same so Vail will nnt stand a1one on this issue. 3iat regardless of the
balance of Eagle County, we encourage you to act now.
Enclosed is a statement af observations by the municxpality of
Whzstler in 1989. Their proqram has produced much needed housinq.
Also enclosed is the Sriowmass Vi.llage Qrdinance which uses a FO%
"eTCljJ1AyeeS 2'i0i.1S@d" tdL°gE'.i. WhiCi1 1,,~'~ S1FRlla7" tO OLtC gQRl Of 62%. T}'lf'
formula used in this ordinance for datermining a fair and reasanable
aIlvcatian of a square footaqe requarement for employee hausing seems
justifiable ta our rommittee. Attached is a sample oE' hc,w this
ordinance would apply to the Apollo Park property.
Grve er.courage you and yaur fellow Cnuncilmen and wcsmert to aCt
quic:kly carz thi.s matter.
Sincerely,
Vai 1 Tomorraw Affordabie Ho:xsing Team
R0, Box 1015 • Vail, Colorado 81658 • 970-479°°2451 • htip:!/vai1.:iieifVai1-Tomorrow
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RESORT [4RIUtU1CIP~AL1fiY flF VMlliiS"TLER .
EMPLOYEE HClUS1NG POLIGlES - October, 1989
14_ NEW D-EYELOP EN'$' .
That a11 new developments applying fox Development
Permits be required to be self -suf fa.cient in employee
housing. Observ~tion~a
(a) It has been esta.mated that the current shortfa21 to
zneet the 1989 demancl is 1456 }aed una.ts and that
unless new development aneets its awn nPeds in
hausang tlae new employees at generatess, the
shortfal.l ws,ll increase by 860 bed units per year
for j:the next three years $nd at varying levels
thereafter. (b) It is nat aZways appropriate for employees to be
accvmmodeted can the same site as the new devel.opment
that creat~s their jobs and off-site soluti.ons have
to be found.
(c) Of f-site housing prajects can be develaped by the
same develoger if it can obtain sui:able larsd at an
affardable price. This wil1 narmal,ly require the
coaperata,on of the Munic5.pala.ty an rezani.ng lands
and putting fi.he apprupriate contrcals .in place to
ensure that the hAUSing rernains aftfordable anc;
cannot be sold in the open market {ta the highest
ba.dder } .
(d) Developers of new preajerts might find it attractive
and beneficial to simply supp1y liznited equity
funding tra the W.V.H.S. or through it to a
subsidiary ccsmpany of the Municipal Housing
Corporata.on (gresently called "Marmot Employee
Housing Corp. " ) in exchange for the lor.g term righv of first option 'co lease aunit for it.s emplayees in
a clesignated hausing project mwned by the company.---._
A . :
l ST LASOV., LOYI 'T'J V U 'gP :
-Page 2-
(e)
A method will have to be develrapsd under which the
number of emplayees gerierated by s parti.cular }
project can be determined, szmilar, perhaps, to the
"Resi.dent Generatian Scale'° adopteri in Aspen which
sets factars applied ta numbers of tourist
accommodation rooms and square footage of commercia2 .
space being deveJ.oped.
e•g. 0.2-0.4 employees per room
3.5 employees per 1000 sq.ft. retail
5.0-10.0 employees per 1000 sq.ft. for
restaurants and bars
(f) •To make this mandatory and enforceable a works
.charge may have to be established requiring payment
of a fisced charge per employea generated whzch could
, be waived if the developer either provided its cawn employes accommodation ar participated in a housing Praject sponsored hy the W.V.H.S. or the Municipal Housing Corporation. This will require further.
detailed legal study.
2. E19A PLOY~R PARY1 PAT.~N .
T t as a condition of its employees bea,ng perrnitte to
: occ Y accammadatian ixz any project under the awn ship '
or c trol of the W.V.H.S. or the Municipal ousing -
Corpora 'on and azay of its subsidiaries, an empl ez must y~
be a•: me er in goad standing of the W.V. S. and
guarar?tee t annual rentaJ,s on the unit bein occupied.
Qbs~xv~ti n~ : ,
(a) The Canstitutio of the W.V.H.S. 1`.itw its purposes
to:
,"-acquire, ccnstru and manage
-riaczsing accommadati n
°°on a non-prr,fit basi
-for em la ees of ine e
th~ Societ
°who are otherwise unable oafford accomrnodation
in the RMOW"
It is therefore beyo the Siety's powers and a
breach of its Consti ution to r t units to persons
wvho are net employ~ by a member i goad standing of
the 5ociety. (b) The bylaws of e W.V.H.S. state-that- - remain in'
good standing member must not refuse
°'to provici upon request an unconditional gua antee
of th fu rental payment due in respect of hou `ng
units 1 ocated for the use of employees of that ~
member`°
F-mP~ Houting Scction 17-11
~2) Failure to c:are breackt# In the ~'~ge of use Numbe; of Jnls~ C~ner~ted
event the owmer fails tca csre any breach, Commerciat 5.57 jobs pe; 1,000 iaterior st}uare feet
the Town may resort to iegaI action, Ofxlice 3.78 jobs per i,oao incerior square feet
zzicluding, but not linaitei tca spec''ic pera. htutciple-
f~rinance o#° thesa restnctfou, or a Famity oso;obs per un?c
mandatory injunction requaziag saIe of Siagle-Family 030 jabs per foz
the prraperry by the owtiere The ccrsts of Hocet/t.)dgs ,
such sale shall be taxed against the grQ- xaom 0.44 jnris per room
ce.eds of the sale with the balance being Restaurancs 4S8 jo~ per ].,OOC) inzerior ss~uare fect
, paid tn the awiaer. ~eas 826 jobs per 19UW skicrs ax one time
(3) Uziit pracce fC°eeze, In the eveat M;scettRneous
of a breach of anv a£ the terms or cond.i-
tions hex•ebv of & awner or the transfer conference
of ~ unit t~ ~~t3~qua~i~ied tFansfeTe~~ Cettcer t~.97 joi~s per 1,+~E'yU incerior sQUare feet
Heattti
i~~~ ~iiginal purchase price of the unit Club 1.47 jn~A per ?.OCNJ interiar square fcet
shal1 upon the date of such #areach ar oghers To be dt iex=,iaes3 Itraugh subdivisioII
tran.sfer autotrzatically csease to 3riCrease or planned unsc devetopmsnt process.
and sba11 remair~ ~ed until tbe date of
cure of saYd breach or disqualificatioII. (5) The number of jobs generated by
(Pricsr cosie Ch. 17-12) ail types of uses, as determzned in Subsec-
tzon (a), shall be dasided by 1.3, the awerage
Seta. 17-12--17-30. PiserveKL numbrr of jobs pez emplaaree, which will
cieterznine the numb:r o£ nesv employees
whieh will be generaeed bv the develop-
AR'T'IQE U ment.
Deyejopm=t RN . (c) The Towm ~`.,auncil das determined
that it is riesirabte to hause sixm, perceat
Ser. 17 31. Resticted homing reqt*e, (60%) of these new emoloyees in the Town.
meatL
(d) It is recognized that a certain
(a) 7Qb generation rates and therefare, amount of these employees wall find hausang
the nuffiber of emplayees geaerated as a opPortuuYties izz nonrestricted housin; unats
result of development, vary by t~e type of in the Town. The Town C,tauucil has
land uses which comprises the sievelopment. determined that the deveIoper, in order ta
In order co adequateIy determizae the num- assure housing apportunities £oc the
ber of jobs which will result from a p*oject, remaining emplayees, =hal3 pcovide housing
the tdllowitxg job gerseration rates shaIl be aPPortunaties for sixty percent (60%) of Lhe
appIied to each type of use in ihe developa number of employees identified in Subsec-
ment that creates awinter time impact oa tion {c} above :n affvrdable restricted
the cammuairy. housing which the deveiape: shall be
respcnsible for and provided rn a manner as
rnare particularIy deseribed below.
Y7-6
Employee ~owdog Section 17 31
(e) For the number of employees Sec. 17 -3Z Methads of providing bo .
required ta iae housed in affrrrdable
restricted hous°z,ng, as deteraxiined in Subsec_ Restricted housing shall be provided as
tions (a) through (d) above, the develaper follawso
shafi be responsible for, through the proce-
dures described in Section 17-32 belaw, the (1) When a restricted housing pro-
creation af a iotaI square foatage equal to ject is single-€amiiy attached or multipte
four hundred eleven (411) square feet, as family in aature and includes restricted calculated in SecCion 16-72(b) af this C,ode, rentai or a combination of rental and
. for each employee to be housed. saIe units, the housing shall be provided
as follows:
(f) The totaI square footage which the
developer shail be resgonsible for shall be a. Priflr to or durins conceptual
provided in dweIiing units whose- size shall revievv of tlae project. the Town
be within the range of szzes described in Council and che deveioper shail, using
, Subsection (g). The unit mix shall be adoptec3 guidslines, acree on the mix
dexezmined as descn'bed in Section 17-32. and configuration of restricted units to
be provided, faar and reasonable
(g) The following minimum and maxi- rental rates for each tvpe of restricted
mum raage of restricted dwelling unit sizes unit provided, reasoraable estimates Of
is estabIished to insure that the size of occupancy rates, and anticipateci
dwelliag uarts contributed by a dcveloper is operating buciget, inciuding mainte-
apgropriate. All unics concributed by a nance and operating resezves as are
deveioper shall meet the foIIowing size cusstomazy for buildings of iike age,
requirernents: quality and constr:setioas, and the
effect of the propased restricteci unats
Tvpes og Uait Miaia,um size M[42imum size an the overall restriuted housing
Dormicory 1$5 300 investtory in the Town. The bases for
Studio 375 450 these ctiteria shall be the Master
one-Bedroom 550 754 Plan, the most recent estimations of
Two-$edroam 7$0 1080 hausing needs and rental rates based
Three-Bedroam 1154 1350 oII a millimum t5f twefltv-,four perCSnt
(24%) of an employee"s gross annual
(h) In summary, restricted housing shaIJ inCOme- ~own shall undertake
be provided in accordance witb the follow- eVei"Y other year a study to pravide
ing formula: estimates of average emp}oyee income
and a determination of housing need.
(Number of jobs geaerated / I3,)x 50% x 60% x
412 square fect = tntal resiricced housing sc#uare
fontage to be pmvided.
(PTIOr I.3rid US+e t'.Ode §S.OOS)
i7-7
EmPkyy° H°'iiing Soctioa 17-32
b. LTpon conceptuaI approval of d, 'Ihe cieveloper shail be respon-
the project, and based upan tbe sible for planning and development
inforznation provided by the devel- appravals. The developer shaI1 pro-
aper, the Town Counci2 shaPl deter- vide adequate land to faciIitate the
mine: (1) whether the project is an project and shall be responsible fvr
appropnate project to be awned, construction management an the pra-
operated and managed by the Tawn; jecL Upan issuance of a certificate af
(2) whether fnanca,al participation by occupancy, the developer shall canvey '
the Town in the project is appropriate the project free and clear of any
. in Iight of other financial requisement.c monetary Iiens or restraiats on a3ien-
and ne.eds nf the Town; and (3) the ation to the Town, which shall there-
total anticipaced conszruction cost of after own and manage said units. The
the praject. Based upon such deveioper shall warrant that the pro-
consideratioa, and when ±he estimated ject is free of any canstruction defe-cts
net operating incame is sufficient to for a period of one (1) year fram tixe
cover debt service therefor, it is the issuance of an unconditional certifi-
intent of the Town, in order to gro- cate of accupancy for the project or
mote an affordabie housing project, to as occupancy of individuai buiidings
attempt to provide zax exempt con- by the Town occurs, whichever fxrst
structian and permanent pubiic occurs. At the end of the one yeaz
finaaci.ng. The net operating incoane, warraaty period, the developer shall
in this context, shall mean the amount assign to the Towa;
_ of revenue generated from the rents
of a project, less replacement reserve 1. s4ny warranty concerning the
and operating expense other than project which is then still in effect; .
debt seervice. Whert the estimated net aAd
operating income of a project is iasuf-
ficient to meex the deiat service 2. All rights of the developer
requirements af the restricted units, a.rising aui taf contraets with the
the developer shall provide tu the contractors to bui3d the proje.ct, to
Town cash or other security an a form allow the °3'own to bring claims
appaoved by the Tawn Councfl in an against such cQntractors in the
amount equal to the difference . event that construction defects are
betwceen the project's debt service disr,overed after tlze termination of
requirements and estimated net aper- the deveIoger waxranry period.
ating incorzae. The term of the secu-
xity shall be agreed upon by Lhe e, Ugon compliance with these
devetoper and the Town Council an a provisions, the develaper shalt be held
proJect-by-project basis. harmless from liabilities arising from
or related to the project, except for:
c. If the Town Counc;ii determines
tbat the Town should noE be finan- lo Cantanuing wananty obliga-
cially involved in praviding 5uch tions which have beeB brought to
restricted housing, such restricted the deveioper's artention prior to
hoersing shall be provided in accar- tbe eapiration of the warranty
dance wAth the relevant provisions af periad, but which have not been
Subsection (2) below. recYified; and
.
F-mPkiyw AousinS Sectim 17-32
2. Ai2y sums awing to the 'T'own b, The owner of the free rnarket
by the develaper arrzsing £rom any projece shalt notity the Town, on or
guarante~ of operating expetses. before September lst of each yeara af the rental or sales pric:;s to be
(2) W'hen restricted uniLs ar lots, charged for such unrts or lots in the
whether one-fami3y, single-famiiy camirzg year. Such units nr lots shall
att.acbeci, two-family ar multiple-family in at all tiiries remain under the control nature, are associated with and incarpv- o£ the owner of the free maxket gro- '
rated inta afree znarket project and are ject.
, provided for the benefit of empicryees of
such free market praject or ihe ow$er or (3) Except with respect to those
ownezs of the corramon elements thereaf units or lots described in Subsection (2)
including as the context anay require, a hereof, rescricted unrts4 avhich are single-
homeowner's aSSOCi8t1flA, such restrictesl family attached er multipte-family in units or lots shall be provic3ed as follows: nature or ane-famiiy and two-family Iots'
which are to be developed for saie, shall
a. 'I'he developer shall be respan- be provided as foliows:
sible for planzung, cabtaiaing develop_
ment approvaLs, and fiaancing aad a. Prior to or during cr}aceptual or
constructing the units car devetoping preliminary revriew, the Town Council
the iots. Upon zssuance of a certifi- and the developer shall, based on
cate oi occupancv -Mth re.spect to adopLed guidelines, agree on the
uuats, or rec6rdinj of a subdzvision apprapriate utrit mix, CpFIfigtITStIOII Of
piat w1th respect tcs a aot, the devei- units or lots Yo be developed, resom-
oper shaI1 sell such unit nr lot to the mendeif maximum allowable floor
owner af the free maxket grojeeL arva, with respec;t ta iois, and sales
' The units or lots sha1l be restrictesi, in przces, and shail deterxnine the effect
anianner acceptable ta the T'own of the proposed pro3e:t on the overall
Council, to ensure that tlae rental or restricted hauszng inventory in the
sales prices charged fag such un.its or Tcrwn. The minirsum sales grice shail
lots shall not exceed the rentaI ar be an amount equal to the devel-
salas grices charged by tke Town for aper's cost. For the purpose of this
simiiar si.ze un3ts or lots coataaaiug Seccion, devsloper's cost shall uiean
s:milar amenaties: If there shaIl be uo all expenses incurred for the direct
Comparable units, the Toavn and the beneFit of the restricted unats or lots
owner shail agree on an acnount (including acnenities ard comman
wluch may be charged foc rent, with area improvements), incIuding without
respect to a. rental unii, car a max'r- timitation al'. plaaning, design, con-
mum saIes price, with respect to a sulting, architecturaI, engineeting,
sales unit or iot. Rental ar sales legal, finanGfng and carrying, constz-uc-
prices shal? be indexed to an appro- tion and approval costs, but s?aall not
priate zrzflatzon index used by the include the purchase price nf the land.
Towri ta make annual p:ir„e adjust-
ments.
~_...Ii-9
.
Empkyyee Houitirg Section i7-32
ba 'Fhe develaper shall be respnn- the Aspen-Pitkin Housxng Authority,
sible for Dlaiining, okstaining deveiop- at the cieveloper's cost; or (3) sald an
ment agprovats, providing land at nQ the £ree snarket, with agoox! fa2th
cost, and financing and constructing, effort by the developer to sell the urcat
v,ith respect to uniis or developing, or lot for the maximum possible price.
with respect tc~ lotsy and maxketing
such units or lats. VVhen pertnitted by d. Any free market sale rnade pur-
alI apgizcable federaP, state and local suant tca this Subsecizon (3) shall be '
1aws, in order to praduce a rnare without restriction. When a unat or
. affordable project, the Town may at . lot shall be sold on the free market
its discretion prowide constructian for an amotant which exceeds that
f'inanczng far a term of Lp to one (1) portion of the developerps cost which
year after the issuance of a certificate ss attributabDe to the unit or Iot, the
r~f occupancy, with z{espect to a developer thereof shatd pay to the
multzple-fami3y project, or from the Town, at cIosing of such sale, an
fixlfillment of the requirementrs of an amount equal to the differenc.~
~pplicabJe public improvements beiween the sales price and r3evel-
agreement, with respect to Iots. aper's cost plus the actual costs and
expenses of such sale iess any rents
c. All Linits and Iats provided in received for such progerty bv the
this manner shaE be restricted to al1 deveEaper pursuant to Subparagraph c
sa1e and resaie guideUnes of the 'abave.
_ Towm. After a period of one "1) year
fzom the issuance of a certificate of (4) At its discxetion, the Towrp may
or.,cuDancy, ~t~; resp~t to a s°agle- ac~pt, at the Towu Ct~uncil's ~3isereti+~n,
faar~ily attacbed or multiple-family cash-in-Iieu of restricted employee hous-
prpject, or one {1} year after the iIIg u1 the f911owing in:statlcesa
rerording of a subdlvisian plat, with
.resgect to lots, any unsold unit or lot a. Tbe Town Cc?uncal may accegt
may, at the Towzz CounciS's discretioYt, cash-iu-lieu of restricted housing when
be: (1) with respect to the uaits, a developer ha.s met ae least seventy-
rented an the FeSti7Ct8d or free marm Sve percent (75%a) of its employee
ket far a p,eriod of ane (1) year, durw housing requirements for the appiaca-
ing which peniod rents generated shall ble deveIopmert in a manner
be used to pay the developer's caxay- described in Subsections (1) through
ing costs; provided> however, that no (3) abave; provided, haweve:, ihat
unit shaIl be renteci on a restricted when the Tawn C.ouncil shaii detes-
basas unless the gross renc therefram mine that a deve}opment is mrnor in
shalI me--t or exceed the developerys nature (such as but nat timated to an
carryint~ cost for chat unit9 (2) avaiI- addition to an e,QSting structure), the
able, for a geriad not to exceed sixty Town Cauncil may permit a developer
(60) days, £or purchase by the Tovsn ta contribute cash-in-tieu to meet its
ar, at tille discrecinn eE the Town, by entire restricted hausing requirement.
i
17-1V
R
EmPloyee gousin$ SectioII 17-32
b.Cash-in-Iitu of employee hous- 3. Construction costs for
ing shall include an amount of cash emgloyee housing shail be deFined
sufficient to cover land gurchase and and updated aszn€aally by the Town
ali related planning, constxucklion and Housing Uepartrnent.
construction znanagement costsS in
current dollars, whieb wiIl be izicurred 4. The constrvction cost is
by the Tawn in order ta pravide the based on recent availabie housing
required amount of restricted housing, project cost informatiors aud is subject to change in accardance
, c. J.n cases where the development with CPI and iacat irzdustry
proposal submitted by the developer adjustments.
is miaar in nature, which doess not
sigtuficant3y change the use (such as, S. T divided by the pcaposed
but noc lunited to, an addition to an tctal commerefal square footage
existing structure) and invalves the requested = unit cost per sc}uare
redevelopmemt, or +expamsiQn nf tloor fooL
areas within an existing commercial
deveiopment tbe Town Cc:uncil, at its : (5) The Towwn shall grant to the
discretian, may acccept cash-in-lieu of develaper of ane-family lots, dleveiope,.d
employee housingp ta address the pursuant to the planned canii devepop-
costs associated with planning, design, ment or subdivision *egulations and
consttgzction and pro}ect marsa~~ment wiuch shall be restricted in a manuer
which are necessazy to provide and appraved by the Town Cauascfl,
satisfv re,stricteci effiplayee houssing employee housing credits in an amount
requirements. equal to 2wo thousand fotxr hundred
sixty-six (2,466) square £eet for each
d. The amcrumt required shaU be restricted lot created. Credit for fu3.au-
determined according tu the foUowing m.ent of rest-Lictei housing requirements
formula, based oa the foi:owiag sball be granted ta a developer upon the
assumptions: issuaace of a certificate of occupancy for
units c,r upon fulfillffient of the subdivi-
1. Formula: sion improvement agzesmeni for iats.
_ aumber of jobs generaYcd ~T (6) Such other tneans as may be
13 x 60% x ti0~°a fi 411 x Cc x12s% agZ'eed upon by the To+un and the devel-
oper vf a project requiring restricted
where: cc a censt-uciian ccsi houszng, as requfrec3 by this C.ode. In the
'r = ccral cash-in-ldeu of decs anstaszr.e where the vacancy factor in the
required ra satisfy rescricted then cunent resiricteci hansing inventory
emplnyee hausing requsrement. exceed five percent (5%), the Town and
2. A raarkdown factor rsf tuelve tlie deveioper shalI agree upon an
and fave-tenths percent (12.5%) appropriate tiane frame, which may be
shall be utilized tv calcuiat~e tIxe Ion~~r than the requirements of this
diseount rate attributable to the C°~~, in which to provide restzicteci
expansion of existing ccsmrnercial housing for a develaprnent. (Prior Land
tloor area. ~ise Code §5.014, CJrs3. 10-1995)
Sea. 17-33-17-50. ' Ramvcd.
17-11
a .
C~,nn_ 1
~
~
i, 3
i. .3
.
VAIL TOWN COUNCIL MEETING MINUTES
TUESDAY, MARCH 3, 1998
7:30 P.M.
A regular meeting of the Vail Town Councii was held on Tuesday, March 3, 1998, 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: Rob Ford, Mayor
Ludwig Kurz, Mayor Pro-Tem
Bob Armour
Sybill Navas
Kevin Foley
Michael Arnett
Michael Jewett
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was citizen participation. There was no citizen
participation.
The second item on the agenda was the consent agenda to approve the minutes from
the meetings of February 3 and 17, 1998.
Councilmember Bob Armour made a motion to approve the minutes from the February
3, 1998 meeting, Councilmember Ludwig Kurz seconded the motion. A vote was
taken, there was unanimous approval, 7-0.
Councilmember Bob Armour made a motion to approve the minutes from the February
17, 1998 meeting, Councilmember Ludwig Kurz seconded the motion.
Councilmember Sybill Navas stated there needed to be a correction in the minutes
regarding her comment about the start time of the Town Council meeting to be changed
from 6:30 pm to 7:30 pm.
The motion was amended to include the change. A vote was taken, there was
unanimous approval, 7-0.
The third item on the agenda was a presentation of Vail's Youth Recognition Award to
Collins Canada of the Vail Mountain School and Traci Phelan of Battle Mountain High
School.
Pam Brandmeyer introduced students, Traci Phelan, a junior at Battle Mountain High
School and Collins Canada, a junior at Vail Mountain School to the Town Council.
They are recipients of the Town of Vail's Youth Recognition Award, an award given
annually to students who are outstanding representatives of their schools and
community. Pam stated they will travel to Mt. Buller, Australia this summer as
exchange students representing Vail.
Mayor Rob Ford presented them with award certificates and thanked the students for
their hard work.
The fourth item on the agenda was Resolution No. 5, Series of 1998, a resolution
establishing the time for the Town Council meetings to begin at 7:00 p.m.
Councilmember Mike Arnett made a motion to approve Resolution No. 5, Series of
1998, the motion was seconded by Councilmember Ludwig Kurz.
Councilmember Sybill Navas stated she is concerned that the earlier start time for the
evening meeting doesn't give the Council enough of a break time befinreen the
afternoon worksession meeting and the evening meeting.
A vote was taken, Resolution No.5, Series of 1998 was passed 6-1, with
Councilmember Sybilf Navas opposed.
The fifth item on the agenda was a review and discussion on the infrastructure repairs,
street scape design, public art elements, project estimated budget, and construction
schedule for the Seibert Circle capital improvement project.
Larry Grafel, Public Works Director, informed the Council of changes to the project and
stated the costs are within $1,100 of the projected budget of $634,500. He
recommended that Council proceed with the project. He also stated that the community
would benefit from improved infrastructure, pedestrian safety, reduction of costs for
snow removal and maintenance, and have a world class art piece.
Larry requested approval of the project as proposed and to proceed to enter into a
contract with artist, Jesus Moroles for the art piece. He stated the construction
schedule should start as soon as possible, in April or possibly the beginning of May.
The work would be done in approximately four months and Seibert Plaza would be
open July 4th.
Mayor Rob Ford reiterated that most of the cost of the project was for streetscape
improvements and not the art project.
Councilmember Sybill Navas asked about pavers being placed in the plaza and if a
contractor has been hired. She also asked if the project is put off a year, would the cost
of the project would go up.
Y
Larry Grafel stated they are still discussing and exploring different surface materials for
the street to go with the art piece. There will not be exposed concrete and a contractor
has not been chosen yet. Larry stated the cost of the project could rise a minimum of
5%, which is a conservative number, if the project is delayed to next year.
Further discussion ensued.
Councilmember Bob Armour stated he does not think asphalt is an appropriate surface
material in this area.
Todd Oppenheimer, Town Landscape Architect, explained the unit pavers are more
flexible and they don't need as deep a depth of under surFace treatments as other
materials.
Councilmember Mike Arnett also reiterated that asphalt is not a compatible surface
material for this area and commended the Public Works Department on reducing the
cost of the project.
Councilmember Mike Jewett asked how the contractor selection would be handled for
this project.
Larry stated this would not be a Request for Proposal (RFP) process. Staff in Public
Works would select the contractor otherwise it would delay the project.
Councilmember Mike Jewett asked Bob McLaurin about the utilities being installed and
when the work would be done if the project was delayed.
Larry Grafel stated an ordinance is in place with the utility companies to upgrade the
utilities at the time the project is being done.
Bob McLaurin stated whether the project went forward this year or not, the utility work
would have to be done as soon as possible.
Councilmember Ludwig Kurz asked if the project would be completed before the 1999
Championships.
Larry Grafel recommended the council approve the project and if the project
construction didn't start by May, that the project be delayed until next year.
Kay Ferry, a member of the Vail Valley Merchant's Association (WMA), stated that
many members of the WMA feel that this project be delayed for a year due to all the
other construction going on in the Village this summer.
Councilmember Sybill Navas wanted to verify the starting dates of May and if they
would impact the 4th of July.
~
Y
Larry Grafel said 60 days is what is needed to proceed with the project and a"drop
dead" date to get started is May 15, 1998.
Councilmember Sybill Navas said she attended the WMA meeting and said the
merchants felt a May 1 st deadline date was the latest the project should start.
Bob McLaurin said staff would work with the merchants regarding signs. He also stated
if Council is looking at projects in the Vail Village to postpone this summer, make it the
Slifer Plaza project.
Kay Ferry said that the north end of town near Slifer Plaza is ruined for this summer.
She invited the Council to the next WMA meeting.
Michael Staughton, a Village merchant, stated this project should go forward if it is
started by May 1 and he felt Slifer Plaza should wait.
Mayor Rob Ford asked if Mr. Staughton would approve a May 14th deadline date.
Mr. Staughton stated he could agree with that.
Ron Riley, another Village merchant, said he would like to see a water feature in this
area. If a water feature was an option, via private funds, and Jesus Moroles felt this
would help his art piece, he would like to see it added. He wants the possibility of a
water feature to be left open.
Mayor Rob Ford stated the cost to add a water feature may not make the project
happen.
Todd Oppenheimer stated he will address the water feature component and will look at
the probability and stated the cost would be approximately an additional $20,000. He
stated that if the artist, Jesus Moroles, added the water feature he wanted it to run year-
round, which is not a feasible possibility in this climate.
Councilmember Bob Armour made a motion to approve the project at the contract price
of $634,500, to negotiate a contract with Jesus Moroles to proceed with the art project
and to negotiate a contract with a contractor of choice for the other work involved, with
a deadline start date of May 14th or the project will be postponed until next year. The
motion was seconded by Councilmember Sybill Navas.
Further discussion ensued.
Councilmember Mike Arnett suggested the Slifer Plaza project be delayed to provide
construction relief to the merchants.
Councilmember Mike Jewett stated he wanted to speak against the motion. He does
s
not want to use public funds for this project and feeis it is a bad use of taxpayer funds.
He aiso stated he does not feel the process was performed well and feels emergency
vehicles will have hard time accessing this area.
Councilmember Ludwig Kurz stated the process was not tainted. The AIPP did a good
job putting this project together. The project will bring in a world-renown art piece that
visitors will come back to see. He also stated this is not a waste of funds for the
community. He thanked the AIPP board and town staff for all their work.
Nancy Sweeney, AIPP coordinator, stated that this project is not complete without the
statue of Pete Seibert. The AiPP board will continue to fundraise to get the statue
added at a later date if necessary.
Councilmember Kevin Foley thanked Nancy Sweeney and the Art In Public Places
board and the Public Works staff for all their hard work on this project.
Mayor Rob Ford echoed Kevin's sentiments.
A vote was taken, the motion passed, 6-1. Councilmember Mike Jewett voted against.
The sixth item on the agenda was a discussion of a community engagement process
for developing a dedicated funding source for housing and identifying land opportunities
for future parks and recreation, and the work plan for implementing Option 1.
Andy Knudtsen made a presentation regarding the engagement process for developing
funding sources for housing with a deadline date of June 30, 1998. Opportunities for
community participation will be April 10 and 16 and the Town of Vail community survey.
Mayor Rob Ford stated that the Council and staff have worked hard befinreen January
13 and now to get to this state of the process. He thanked Andy Knudtsen, Russ
Forrest, Suzanne Silverthorne and Kessiah-Watkins for all their hard work. He
encouraged community members to get involved. He said the process will be called
"Common Ground: A Plan for Vail's Community Needs", and the Council will be
aggressively addressing the locals housing issue.
Councilmember Kevin Foley reiterated there are many opportunities for citizens to
become involved.
Bob McLaurin asked for a motion to approve the project and move forward.
Councilmember Sybill Navas made a motion to approve the problem statement, givens,
public involvement process, and the work plan for implementing Option 1 and
Councilmember Mike Arnett seconded the motion. A vote was taken, there was
unanimous approval, 7-0.
,
.
As there was no further business, Councilmember Bob Armour made a motion to
adjourn, Councilmember Mike Arnett seconded the motion. A vote was taken, and the
motion passed unanimously, 7-0.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
Robert E. Ford
Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
.
VAIL TOWN COUNCIL MEETING MINUTES
TUESDAY, MARCH 17, 1998
7:00 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, March 17, 1998, at
7:00 P.M. in the Council Chambers of the Vail Municipal Building. The meeting was
called to order at approximately 7:00 P.M.
MEMBERS PRESENT: Rob Ford, Mayor
Ludwig Kurz, Mayor Pro-Tem
Bob Armour
Sybill Navas
Kevin Foley
Michael Arnett
Michael Jewett
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was citizen participation.
Josef Staufer, a local resident, thanked the Council for the position they have taken regarding
Category I I I, stating that it reflected the citizens of Vail and congratulated them on the letter the
Town Council sent to the Eagle County Commissioners.
Mayor Rob Ford read the letter in full for the record.
Mike Jewett added that if any members of the community would like a copy of the 1995
managed growth agreement with Vail Associates, it was_ available upon requests at the Town of
Vail.
The second item on the agenda were appointments to the Art In Public Places (AIPP) board.
Councilmember Sybill Navas made a motion to appoint Alan Kosloff, Kathy Langenwalter, and
Trish Kiesewetter to the Art in Public Places board, each person will serve three-year terms.
The motion was seconded by Councilmember Bob Armour. A vote was taken, there was
unanimous approval, 7-0.
Mayor Rob Ford thanked all the applicants who applied.
Councilmember Kevin Foley thanked Lolita Higbie for her six years of service on the Art in
Public Places board.
The third item on the agenda were the appointments to the Design Review Board (DRB).
Councilmember Sybill Navas made a motion to appoint Clark Brittain and Hans Woldrich to the
.
Design Review Board, both will serve two-year terms. The motion was seconded by
Councilmember Bob Armour. A vote was taken, there was unanimous approval, 7-0.
Mayor Rob Ford congratulated Clark & Hans, and thanked all of the applicants for applying
The fourth item on the agenda were the appointments to the Planning and Environmental
Commission (PEC).
Councilmember Sybill Navas made a motion to appoint Galen Aasland, Brian Doyon, Diane
Golden and Tom Weber to the Planning and Environmental Commission, each will serve for
two years. The motion was seconded by Councilmember Ludwig Kurz. A vote was taken,
there was unanimous approval, 7-0.
Mayor Rob Ford congratulated the new members and thanked all the PEC applicants for
applying.
Mayor Rob Ford stated he was pleased with the amount of applicants interested in each of the
boards. The rest of the councilmembers agreed and they encouraged all applicants not
appointed to reapply next time.
The fifth item on the agenda was the second reading of Ordinance No. 3, Series of 1998,
amending Special Development District #30 (Vail Athletic Club), to allow for a change in the
number of dwelling units/accommodation units, modifications in common area square footage
and GRFA, and a modification to the EHU timing requirements. The Vail Athletic Club is
located at 352 E. Meadow Drive, Parcels A& B, Vail Village First Filing.
Reed Onate, town planner, explained the changes to the ordinance and discussed the PEC
staff memo.
Councilmember Bob Armour asked about the construction schedule of this project. He also
asked questions regarding the streetscape and walkways.
A representative of the project was not present at the meeting to answer questions about the
timing of the construction.
Councilmember Bob Armour stated the applicant should be present to answer questions and
said the council should table this item until the applicant is in attendance.
Other councilmembers agreed.
Councilmember Bob Armour made a motion to table this item until the evening meeting of April
7, 1998. Councilmember Mike Jewett seconded the motion.
There was further discussion.
A vote was taken, there was unanimous approval to table this item until the April 7, 1998
, evening meeting, 7-0.
,
f
The sixth item on the agenda was the Town Manager Report.
Mayor Rob Ford stated the town manager's report was discussed during the afternoon work
session. He summarized the report and stated the council voted to approve the appropriation
of funds to increase the town's presence on the Internet. The council also approved funding for
a consultant to evaluate the signs in Town for better guest relations. The cost of the consultant
will be a shared expense with Vail Associates.
As there was no further business, Councilmember Kevin Foley made a motion to
adjourn, Councilmember Ludwig Kurz seconded the motion. A vote was taken, and the
motion passed unanimously, 7-0.
The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Robert E. Ford
Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
VAC2.XLS
VAIL ATHLETIC CLUB MAJOR SDD AMENDMENT
Land Usr~ 1995 Approved 1997 Approved 1998 Prosed S uare Feet
Totals Totals Lower Upper 1998
Health Health First Second Third Fourth Fifth Proposed
Club Club Floor Floor Floor Floor Floor Totals
AU GRFA: 24,898 25,063 0 0 3,732 9,711 7,029 3,704 832 25,008
DU GRFA: 8,312 8,125 0 0 0 2,965 4,665 440 8,070
EHU GRFA: 1,295 1,207 0 0 699 0 489 0 0 1,188
CommonArea: 15,054 15,553 1,829 2,642 5,119 2,791 2,100 1,234 230 15,945
Conference: 1,545 1,500 0 0 1,330 0 0 0 0 1,330
Restaurant: 3,268 3,403 0 0 3,562 0 0 0 0 3,562
Club: 21,609 21,609 11,039 10,460 0 0 0 0 0 21,499
Garage: 4,780 4,568 0 4,296 0 0 0 0 0 4,296
Grand Total: 80,761 8y 028 12,868 17,398 14,442 12,502 12,583 9,603 1 502 80,898
Notes•
- 1998 Proposed square footage figures were calculated from a new and compiete set of Vaii Athletic Ciub plans at a scale of one-eighth inch equals one foot.
- A precise comparison with 1995 and 1997 figures is not feasible due to differences in previous plans' architectural scales, digitizing operators, and blue print reproduction images.
- The 1998 proposal includes a net total of 62 square feet of additional 8oor area tfiat is located on the Fourth and Fifth Ftoors.
3/11/98
r
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 9, 1998
SUBJECT: A request for a Major Amendment to Special Development District #30, Vail
Athletic Club, to allow for modifications to the parking garage, restaurant,
accommodation and dwelling units, and common areas within the building,
located at 352 East Meadow Drive/Parcels A& B, Vail Village 1 st Filing.
Applicant: JWT 1987 Limited Partnership, represented by Stan Cope and
John Perkins
Planners: Mike Mollica/Reed Onate
1. DESCRIPTION OF THE REQUEST
The Vail Athletic Club (JWT 1987 Limited Partnership), represented by Stan Cope and John
Perkins, has submitted a request for a Major Amendment to Special Development District (SDD)
#30 (as amended by Ordinance #2, Series of 1996) to allow for modifications to the parking
garage, restaurant, common areas, and accommodation and dwelling units.
The specific requested modifications to the Vail Athletic Club development plan includes the
following:
*Garage/Ski Storage: The addition of 240 square feet for ski locker storage on the
Garage Level. As a result of interior use changes, a reduction in
the parking requirement from 24 to 22 spaces would allow more
area for trash staging and ski locker storage.
*Restaurant: 1"ncrease of 96 sq. ft, of interior restaurant space within a"pop-ouY'
on the south elevation of the First Floor. Overall, the changes to
the restaurant includes an expanded kitchen area and a net
decrease in public seating areas. '
*Common Area: Increase of 105 sq. ft. for a maid closet on the Second Floor in an
area previously open to the floor below.
"AUs: °Elimination of two accommodation units on the Fourth Floor and
the conversion of a dwelling unit to a"Presidential Suite"
accommodation unit. Due to guest rooms that are accessible via a ,
stairway to the "Presidential Suite" the net total of accommodation t
rooms (and beds) available would not change. , ;
;
i
,
;
1 }
~
;
j
*DUs: Elimination of one dwelling unit (as noted above) and expansion of
one dwelling unit on the Fourth and Fifth Floors, including
expanding exterior walls totaling 62 sq. ft. The eliminated
accommodation units, dwelling unit conversion, hallway
conversion, and wall relocation would create the additional square
footage for the dwelling unit.
Please find attached 8Y2c11 reductions of the proposed floor plans.
The proposed changes would have minor impacts to the exterior of the building. The proposed
exterior changes include: 1) the addition of a"pop-ouY'for the restaurant on the south elevation,
2) a 34 sq. ft. expansion of exterior double doors onto the balconies of the Fourth Floor dwelling
unit on the south elevation, and 3) the expansion of 28 square feet of Fifth Floor dwelling unit
space on the north elevation. Overall, the parking requirements for this SDD do not change as a
result of the amendments described above.
An additional change to the Special Development District (SDD) #30 (Ordinance #2, Series of
1996) is proposed concernirzg the provision and timing of Employee Housing Units. Staff
believes that the need for the employee housing units would come after the Vail Athletic Club is
operational. Thus, a change in the timing of the requirement of the EHU restrictions should
come at the time of the issuance of a Temporary Certificate of Occupancy, rather than "Building
Permit" issuance, as the ordinance currently reads. The proposed changes to Section 4.6.10 of
the Ordinance are shown in bolded text below.
The developer shall provide four (4) Type IV Employee Housing Units on-site,
which shall be restricted per §12-13 of the Town of Vail Municipal Code prior to
the release of any Temporary Certificate of Occupancy for the project.
Additionally, the developer shall provide one one-bedroom employee housing unit
and one two-bedroom employee housing unit. These employee housing units
shall be located off-site, shall be located within the Town of Vail municipal
boundary and shall be restricted per §12-13 of the Town of Vail Municipal Code.
The employee housing restriction agreement shall be signed and submitted to the
staff for approval before a Temporary Certificate of Occupancy will be released
for the project. The units shall meet the minimum standards according to Chapter
18.57 of the Town of Vail Municipal Code.
II. AMENDMENT PROCEDURE
The proposed amendments described in Section I are considered to be Major Amendments to
the 1993 approved SDD and subsequent amendments. As stated in the Zoning Code §12-9A-2,
a major amendment is defined as follows:
"Any proposal to change uses; increase gross residential floor area; change the number
of dwelling or accommodation units; modify, enlarge or expand any approved Special
Development District. .
2
Since the applicant's proposed amendments to the SDD involve changes to gross residential
floor area, as well as density (number of units), the proposal is required to follow the Major SDD
Amendment procedure. The PEC shall provide a recommendation to the Town Council -
regarding the proposal. The Town Council shall approve the proposal via two readings of an
ordinance.
III. SPECIAL DEVELOPMENT DISTRICT CRITERIA
As provided for in §12-9A-8 of the Town's Municipal Code, there are nine SDD review criteria
which are to be used to evaluate the merits of a proposed Major SDD Amendment. It should be
noted that the staff analysis of the project's compliance with the SDD review criteria has
only focused on the proposed amendments to the SDD, and not on the balance of the 1993
or 1996 approvals. The review criteria, and the staff's analysis of the proposal's compliance
with the review criteria, are as follows:
A. Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, identity, character, visual integrity and orientation.
Minimal architectural changes are proposed to the design of the building. The overall
scale, and mass and bulk of the proposed structure will generally remain as it was
approved in 1993 and subsequently amended. The primary roof forms (and building
height) will also remain as approved in 1993. The following outlines the areas where
there are proposed changes to the architectural design of the structure:
• Restaurant "pop out" (south elevation).
• Fourth Floor balcony door expansion (south elevation).
• Fifth Floor dwelling unit expansion (north elevation).
Staff does not believe these changes will significantly affect the bulk and scale of the
building. The restaurant "pop-out" will expand the building on the south elevation by 96
sq. ft., however, staff believes the site coverage is generally imperceivable as the
restaurant area is located over a building mass below. The exterior expansion on two of
the Fourth Floor dwelling unit balconies totals 34 sq. ft. The exterior expansion of one
wall on the Fifth Floor of the same dweAing unit totals 28 sq. ft. Staff believes these
expansions are minimal, architecturally, but they would add GRFA as discussed below.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The general uses within the redeveloped Vail Athletic Club (VAC) are not proposed to
change. While one accommodation unit would be eliminated, the overall number of
accommodation unit beds (rooms) would not change due to an expanded "Presidential
Suite." Staff is comfortable with this reconfiguration of accommodation and dwelling
units.
Given that the applicant is generally working within the confines of the 1993
approved building envelope, the staff views the proposed interior changes as
minimal. Altematively, staff cannot support exterior dwelling unit alterations on
the Fourth and Fifth Floors that would add approximately 62 sq. ft. of GRFA (34
sq. ft. for two balcony door expansions plus 28 sq. ft added by expanding a north
wall one foot).
3
While the expansions would enhance the dwelling units value, the overall benefit
to the public is not clearly apparent. The increase in GRFA density beyond the
approved Fourth and Fifth Floor building envelope is not an integral necessity
associated with the function or use of the condominium dwelling unit. Expansions
within existing interior spaces are found by staff to be acceptable given the shift in
density within the building envelope and incorporation of common area square
footage.
C. Compliance with parking and loading requirements as outlined in Chapter 18.52.
Staff believes that the proposed amendments to the SDD are in compliance with this
criteria. The Town's zoning requirement is for a total of 22 parking spaces to be provided
on the site. This proposal would reduce the number of required parking spaces from 24
to 22. Staff supports this reduction in on-site parking. The reduction of two spaces would
allow for improved trash and recycling storage access and a 240 sq. ft. ski locker area.
Previous design solutions proposed by the applicant included moving the trash storage to
the alley access between the Vail Athletic Club and the Mountain House. Staff opposed
this previous trash location due to potential land use conflicts with the neighboring
residential uses.
D. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies
and Urban Design Plans.
VAIL LAND USE PLAN
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for new or amended development proposals. The
staff considered the following Land Use Plan Goals/Policies during the initial review of the
1993 SDD establishment for the Vail Athletic Club, and further, staff believes that these
goals and policies confinue to be applicable with regard to the current Major SDD
Amendment proposal:
1_1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1_3 The quality of development should be maintained and upgraded whenever
possible.
3_3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
4_2 Increased density in the core areas is acceptable so long,as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail ViIlage Master Plan.
4_3 The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains,
natural setting, intimate size, cosmopolitan feeling, environmental quality.)
4
With the exception of the exterior expansion to the Fourth/Fifth Floor dwelling unit, staff
believes that the proposed Major SDD Amendment application meets the goals and
policies of the Land Use Plan as described above. VAIL VILLAGE MASTER PLAN
The staff befieves that the 1993 approval for the redevelopment ofi the Vail Athletic Club
carried out many of the goals and objectives contained in the Vail Village Master Plan.
Additionally, the staff believes that the current Major SDD Amendment proposal also
furthers the following Master Plan's goals and objectives:
Goal #1 -Encourage high quality redevelopment while preserving the unique architectural
scale of the Village in order to sustain its sense of community and identity.
Objective 1.2 - Encourage the upgrading and redevelopment of residential and
commercial facilities. -
Goal #2 - To foster a strong tourist industry and promote year-round economic health and
viability for the Village and for the community as a whole.
Objective 2.3 - Increase the number of residential units available for short term
overnight accommodations.
Policy 2.3.1 - The development of short term accommodation units is
strongly encouraged. Residential units that are developed above existing
density levels are required to be designed or managed in a manner that
makes them available for short term ovemight rental.
Ob,oective 2.5 - Encourage the continued upgrading, renovation and maintenance
of existing lodging and commercial facilities to better serve the needs of our
guests.
Goal #5 - Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation system throughout the Village.
Policy 5.1.5 - Redevelopment projects shall be strongly encouraged to
provide underground or visually concealed parking.
The staff believes that the proposed Major SDD Amendment application meets the Vail
Village Master Plan goals, objectives, and policies as described above.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed. .
Although this project is focated adjacent to Gore Creek, no portion of the proposal
encroaches into the fifty-foot stream setback, nor into the 100-year floodplain. There are
no other natural and/or geologic hazards that affect the property.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
5
Although this criteria was discussed extensively during the 1993 review, staff believes
that the proposed Major SDD Amendment will have no negative impacts on this criteria.
G. A circulation system designed for both vehicles and pedestrians addressing on and
off-site traffic circulation.
The staff believes that the proposed Major SDD Amendment will have no impacts on this
criteria.
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
Again, the staff believes that the proposed Major SDD Amendment will have no impacts
on this criteria.
1. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
Phase I of the VAC redevelopment has been completed (Club Levels - lowest two floors).
The balance of the redevelopment is considered Phase II.
IV. STAFF RECOMMENDATION
The Community Development Department staff believes that the applicant's proposed
modifications are consistent with the criteria outlined in §12-9A-8 of the Municipal Code with the
exception of a 62 sq. ft. expansion of exterior GRFA proposed for the Fourth and Fifth Floor
dwelling unit. Staff recommends denial of the proposed 62 sq. ft. of additional GRFA mentioned
above, and furthermore, staff recommends approval of the remaining elements of the applicant's
request for a Major Amendment to Special Development District #30 (including Ordinance #2,
Series of 1996) as detailed in Section I of this staff inemo.
6
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REDL/NE VERS/ON --CHANGES SINCE THE 1 ST READING ARE SHOWN /N STRIKETHRU
AND DOUBLE UNDERLINED TEXT.
ORDINANCE NO. 3
Series of 1998
AN ORDINANCE AMENDING A SPECIAL DEVELOPMENT DISTRICT - SDD No. 30 (VAIL
.ATHLETIC CLUB) AND ORDINANCE #2, SERIES OF 1996, TO ALLOW FOR A CHANGE IN
TNE NUMBER OF DWELLING UNITS/ACCOMMODATION UNITS, MODIFICATIONS IN
COMMON AREA SQUARE FOOTAGE AND GRFA; MODIFICATtON OF THE EHU TIMING
REQUIREMENTS; AND AMENDING THE DEVELOPMENT PLAN IN ACCORDANCE WITH ' TITLE 12, CHAPTER 9, OF THE VAIL MUNICIPAL CODE AND SETt'ING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Title 12, Chapter 9, of the Vail Municipal Code authorizes special development
districts within the Town; and
WHEREAS, the developer and applicant, JWT 1987 Vail Limited Partnership (aka The Vail
Athletic Club), has submitted an application for a Major Special Development District Amendment
for a certain parcel of property within the Town, known as the Vail Athletic Club and as Special
Development District No. 30 ("SDD No. 30"); and
WHEREAS, the Major Special Development District Amendment for SDD No. 30 will ensure
unified and coordinated development within the Town of Vail in a manner suitable for the area in
which it is situated; and WHEREAS, the Planning and Environmental Commission has unanimously recommended
approval of the amendment to the SDD at its February 9, 1998 meeting; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to
the Town and its citizens, inhabitants, and visitors to amend SDD No. 30.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Amendment Procedures Fulfilled. Planning Commission Re{Zort.
The review procedures prescribed in Title 12, Chapter 9, of the Vail Municipal Code have been
fulfilled, and the Town Council has received the report of the Planning and Environmental
Commission recommending approval of the proposed amendment to the development plan for SDD
No. 30.
Section 2. Sqecial Develoqment District No. 30.
SDD No. 30 and the amended development plan therefore, are hereby approved for the
redevelopment of The Vail Athletic Club.
Section 3. Purpose
Ordinance No. 3
1 sadas of,ssa
REDL/NE VERS/ON --CHANGES SINCE THE 1 ST READING ARE SHOWN /N STRIKETHRU
AND DOUBLE UNDERLINED TEX7:
SDD No. 30 is established to insure comprehensive development and use of an area in a manner
that will be harmonious with the general character of the Town of Vail. The development is regarded
as complementary to the Town by the Town Council and meets the design standards as set forth _ in Title 12, Chapter 9, of the Municipal Code. As stated in the staff inemorandum dated September -.27, 1993, there are significant aspects of SDD No. 30 which are difficult to satisfy ihrough the
imposition of the standards of the Public Accommodation Zone District. SDD No. 30 allows for
greater flexibility in the development of the land than would be possible under the current zoning of
the property. SDD No. 30 provides an appropriate development plan that maintains the unique
character of this site and the surrounding area.
Section 4. Dev .lonment Pian
A. The amended development plan for SDD No. 30 is approved and shall constitute the plan
for development within the Special Development District. The amended development plan
is comprised of those plans submitted by the developer/applicant and consists of the
following documents:
1. . Site Plan and Landscape Plan by JMP Architects, Inc., Project Architect, dated
Februarv 13. -1998 ~4prfH-5~ #997; and Land Designs by Ellison, Inc. (Sheets L-1 and
L-2) dated April 1, 1997.
2. Survey completed by +n ' AI in Engineering I• nc•• dated Julv 12. 1996
i.....,, 84993
, •
3. Building Elevations by MieHaeFBartelay JMP Architects. Inc., Project Architect, dated
Beeefnbef , 1995, Februarv 13. 1991.
4. Floor plans by ' , Projeet , , ,-IM_P
Architects. Inc.. Proiect Architect dat d Februarv 13. 1998. (Lower Health Club,
Upper Health Club, First Floor Plan, Second Floor Plan, Third Floor Plan, Fourth
Floor Plan, and Fifth Floor Plan).
5. Building Sections by JMP Architects Inc hb4ieheeF-Brafe}ey; Project Architect, dated
N:,;;- _ 11, 1995 Februarv 13 1998.
6. Shadow Studies for September 21 st and December 21 st by Michael Barclay, Project
Architect; dated November 11, 1995.
7. Other general submittal documents that define the development standards of the
Special Development District.
Ordinance No, 3
2 Series oF 1998
REDLINE VERS/ON --CHANGES SINCE THE 1 ST READING ARE SHOWN /N STR/KETHRU
AND DOUBLE UNDERLINED TEX7:
B. The development plan shall adhere to the foliowing:
1. L iz : 30,486 square feet.
2. Permitted Uses:
a. Accommodation Units. b. Dwelling Units. ,
c. Employee Housing Units. d. Health Club.
e. RestauranURetail.
3. Accessory Uses:
All other uses accessory or incidental to the allowed uses.
4. Setbacks
The setbacks shall be those shown on the site plan.
5. Density:
Approval of this development plan shall permit ' fiftv-four (54)
Accommodation Units (AU), three (3) Dwelling Units (DU) (two with lock-offs) and four
(4) Type IV Employee Housing Units. The developer shall permanently restrict the approved 5554 AU's,as short-term rental
units and the 5554 AU's shall not be subdivided in the future to allow ior individual
ownership. The Condominium Declarations shall be amended to include this
restriction before an occupancy permit will be released for the project.
6. Building Height:
' Building height shall be as indicated on the elevations.
7. P rkin
A minimum of iwenty-two (22) valet parking spaces shall be provided within the
existing parking structure. The developer agrees that the area adjacent to the
parking structure's entry, and the area adjacent to the main entry to the hotel (on
East Meadow Drive), shall be designated and used for short-term drop-off and
loading/delivery use only.
- 8. GRFA / Common Area:
The total GRFA allowed shall be 34;595_ 34.266 square feet: with 24;89825•008
square feet for Accommodation Units; 8;-W 8.070 square feet for Dwelling Units;
Ordinance No. 3
3 Series ot 1998
REDLINE VERS/ON --CHANGES SINCE THE 1 ST READING ARE SHOWN IN STRIKETHRU
AND DOUBLE UNDERLINED TEX7:
and 4-,295 1•188 square feet for Employee Housing Units. Additionally, the total
common area ailowed shall be 15;05415.945 square feet.
9. Site Coverage:
. The site coverage shall be as indicated on the Site Plan and Floor Plans. : .
10. EmI{~yee Housing:
The developer shall provide four (4) Type IV Employee Housing Units on-site, which
shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code prior
to the release of any Temporary Certificate of Occupancy for the project.
Additionally, the developer shall provide one one-bedroom employee housing unit
and one two-bedroom employee housing unit. These employee housing units shall
be located off-site, shall be located within the Town of Vail municipal boundary and
shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code. The
employee housing restriction agreement shall be signed and submitted to the staff
for approval before a Temporary Certificate of Occupancy will be released for the
project. The units shall meet the minimum standards according to Title 12, Chapter
.13, of the Town of Vail Municipal Code.
11. Landsca
The area of the site to be landscaped shall be as indicated on the landscape plan.
' The developer shall finance and construct the approved landscaping, generally
located on the south side of the building (between the building and the streamwalk).
,
Athlefie , . The developer shall maintain
this area in perpetuity.
12. Streetscape:
The developer shall finance and construct a heated concrete unit paver walkway and
lighting according to the Town of Vail Streetscape Master Plan, parallel to both the
northern and eastern property boundaries of the Vail Athletic Club property,
continuing south on the west side of Vail Valley Drive. The walkway will extend
Ordinance No. 3
4 Series of 1998
REDLINE VERSION --CHANGES SINCE THE 1 ST READING ARE SHOWN /N STR/KETHRU
AND DOUBLE UNDERLINED TEX7:
across the Gore Creek Bridge as indicated on the Site/Landscape Plan, however, the
walkway on the bridge will not be heated nor will the bridge be widened by the
developer. - . .h„ . ..l,...,..:,... ..s .he b..:ld:..g.=mtendin '
. TrvmZna'EN'~P1°APRPV P)fI} t(l tFfP , . GCas'aiiari-rlrsrrori~rr'rf~- .
Stamped engineered drawings shall be submitted for these improvements to
the Town of Vail Engineer for approval, prior to the release of any Building
Permit(s) for the project. The developer shall maintain the vel er
im r v sidewalk, lighting and other streetscape improvements in
perpetuity.
Section 5. Conditions
1. That the applicant permanently deed restrict the 55M accommodation units as short-term rental
units, and that the 5554 accommodation units shall not be subdivided in the future to allow for
individual ownership. The condominium declarations for the Vail Athletic Club shall be amended
to include this requirement. These items shall be completed prior to the Town's release of any
occupancy permits for the building.
2. The applicant shall execute and have recorded at the Eagle County Clerk and Recorder's Office,
the Town's Type IV Employee Housing Agreement for the four employee housing units proposed
in the structure. This shall be required prior to the Town's release of any occupancy permits for
the building.
3. ConsVuction drawings, for all the site planning/streetscape improvements included as a part of
this project, shall be submitted for the review and approval by the Town Engineer. This shall
be required prior to final review by the Design Review Board.
4. That the proposed oversized shingles not be used as the exterior siding materials for the
building and that the applicant use siding materials such as stucco, wood and stone, subject to
final Design Review Board review and approval. ,
5. That all the deck rails and the exterior sidina of the buildina be consistent with renard tn dPSinn.
material and color, and that this requirement shall include the two existing condominiums on the
third and fourth floors of the building.
Ordinance No. 3
5 series or,ssa
REDLINE VER /ON --CHANGES SINCE THE 1 ST READING ARE SHOWN lN STRIKETHRU
AND DOUBLE UNDERLINED TEXT.
Section 6. Amendments Amendments to the approved development plan which do not change its substance may be
approved by the Planning and Environmental Commission at a regularly scheduled public hearing
in accordance with the provisions of Title 12, Chapter 3, Section 6(§12-3-6) and Title 12, Chapter ,
9A, Section 10 (§12-9A-10) of the Vail Municipal Code. Amendments which do change the substance of the development plan shall be required to be approved by the Town Council after the
above procedure has been followed. The Community Development Department shall determine what
constitutes a change in the substance of the development plan.
Section 7. Ex iration '
The developer must begin construction of the Special Development District within three (3) years
from the time of this Major SDD Amendment, and continue diligently toward completion of the
project. The developer must meet the requirements of Title 12, Chapter 9A, Section 12 (§12-9A-12)
of the Municipal Code of the Town of Vail.
Section
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this-ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provisions or any ordinance previously
repealed or superseded unless stated herein. '
Ordinance No. 3
6 Series of 1998
. .
_REDL/NE VERS/ON --CHANGES S/NCE THE 1 ST READ/NG ARE SHOWN /N STR/KETHRU
AND DOUBLE UNDERLINED TEX7: INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this 17th day of February, 1998, and a public hearing shail be held on this Ordinance on the 3rd day of March, 1998, at-7:00 p.m. in the Council Chambers of the Vail • Municipal Building, Vail, Colorado. , , ert udwia Kurz. Mavor Pro-Tem
Rob Attes i:
Lorelei Donaldson, Tawn Clerk
READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd
day of March, 1998.
Rob Ford, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 3
7 Series ot 1998
ORDINANCE N0. 3
Series of 1998
AN ORDINANCE AMENDING A SPECIAL DEVELOPMENT DISTRICT - SDD No. 30 (VAIL
ATHLETIC CLUB) AND ORDINANCE #2, SERIES OF 1996, TO ALLOW FOR A CHANGE IN
THE NUMBER OF DWELLING UNITS/ACCOMMODATION UNITS, MODIFICATIONS IN
COMMON AREA SQUARE FOOTAGE AND GRFA; MODIFICATION OF THE EHU TIMING
REQUIREMENTS; AND AMENDING THE DEVELOPMENT PLAN IN ACCORDANCE WITH '
TITLE 12; CHAPTER 9, OF THE VAIL MUNICIPAL CODE AND SETTING FORTN DETAILS IN
REGARD THERETO. ' WHEREAS, Titte 12, Chapter 9, of the Vail Municipal Code authorizes special development
districts within ihe Town; and
WHEREAS, the developer and applicant, JWT 1987 Vaii Limited Partnership (aka The Vail
Athletic Club), has submitted an application for a Major Special Development District Amendment
for a certain parcel of property within the Town, known as the Vail Athletic Club and as Special
Development District No. 30 ("SDD No. 30"); and .
WHEREAS, the Major Special Development District Amendment for SDD No. 30 will ensure
unified and coordinated development within the Town of Vail in a manner suitable for the area in
which it is situated; and .
WHEREAS, the Planning and Environmental Commission has unanimously recommended
approval of the amendment to the SDD at its February 9, 1998 meeting; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 30.
NOW, THEREFORE, BE !T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Amendm nt Pro Pdures Fulfilled Planning Commiscion Report
The review procedures prescribed in Title 12, Chapter 9, of the Vail Municipal Code have been
fulfilled, and the Town Council has received the report of the Planning and Environmental
Commission recommending approval of the proposed amendment to the development plan for SDD
No. 30.
Section 2. Sper.ial Develoqment District No.O .
enn Mn 4n ol%r1 fhn nmnnrlniJ rln-nln~--i r.l.... ahn.ni...... L, M r s~,. aL~
. v. • .v wvvv~ vvvt.vNvla 'IltAll LIILrIV/NIVu1N IIGICi?/r aNIriUvcu IVI (IIC'i
redevelopment of The Vail Athletic Club.
Section 3. Pu ose
SDD No. 30 is established to insure comprehensive development and use of an area in a manner
that will be harmonious with the general character of the Town of Vail. The development is regarded
Ordlnance No, 9
1 Sedes of 1998
. . , ,
as complementary to the Town by the Town Council and meets the design standards as set forth
in Title 12, Chapter 9, of the Municipal Code. As stated in the staff inemorandum dated September
27, 1993, there are significant aspects of SDD No. 30 which are difficult to satisfy through the
imposition of the standards of the Public Accommodation Zone District. SDD No. 30 allows for . •
greater flexibility in the development of the land than would be possible under .the current zoning of . the property. SDD No. 30 provides an appropriate development'plan that maintains tlie unique .
character of this site and the surrounding area.
Section 4. Development Plan A. The amended development plan for SDD No. 30 is approved and shall constitute the plan
for development within the Special Development District. The amended development plan
is comprised of those plans submitted by the developer/applicant and consists of the
following documents:
1. Site Plan and Landscape Plan by JMP Architects, Inc., Project Architect, dated
February 13, 1998; and Land Designs by Ellison, Inc. (Sheets L-1 and L-2) dated
April 1, 1997.
2. Survey completed by Alpine Engineering, Inc., dated July 12, 1996.
3. Building Elevations by JMP Architects, Inc., Project Architect, dated February 13, '
1998.
4. Floor plans by JMP Architects, Inc., Project Architect, dated February 13, 1998
(Lower Health Club, Upper Health Club, First Floor Plan, Second Floor Plan, Third
Floor Plan, Fourth Floor Plan, and Fifth Floor Plan).
5. Building Sections by JMP Architects, Inc., Project Architect, dated February 13,
1998.
6. Shadow Studies for September 21 st and December 21 st by Michael Barclay, Project
Architect; dated November 11, 1995.
7. Other general submittal documents that define the development standards of the
Special Development District.
B. The development plan shall adhere to the following:
1: . Int Si7p' 211 4RR CAl1afP. fPPt.
2. Permitted U .s: '
a. Accommodation Units.
b. Dwelling Units.
c. Employee Housing U.nits.
Ordinance No. 3
2 Series of 1998
d. Heaith Club.
e. Restaurant/Retail.
3. A .P.RR ?'Y USeS•
All other uses accessory or incidentai to the allowed uses.
4. Setbacks: .
The setbacks shall be those shown on the site plan. ,
5. Density:
Approval of this development plan shali permit fifty-four (54) Accommodation Units
(AU), three (3) Dwelling Units (DU) (finro with lock-offs) and four (4) Type IV Employee
Housing Units. ,
The developer shall permanently restrict the approved 54 AU's as short-term rental
units and the 54 AU's shall not be subdivided in the future to allow for individual
ownership. The Condominium Declarations shall be amended to include this
restriction before an occupancy permit will be released for the project.
6. Building Height•
Building height shall be as indicated on the elevations.
. 7. P rkin
A'minimum of tweniy-two (22) valet parking spaces shall be provided within the
existing parking structure. The developer agrees that the area adjacent to the
parking structure's entry, and the area adjacent to the main entry to the hotel (on
East Meadow Drive), shall be designated and used for short-term drop-off and
loading/delivery use only.
8. GRFA / Common Area•
The total GRFA allowed shall be 34,266 square feet: with 25,008 square feet for
Accommodation Units; 8,070 square feet for Dwelling Units; and 1,188 square feet
for Employee Housing Units. Additionally, the total common area allowed shall be
15,945 square feet.
9. Site Covera= Thn citc nrnwnrnnn cholt hn oe- in.lin~tnrl nv~ #hn Qi#n DI.... .....~I CI..... DI...,.. 'r• r~ w~ ...~.vti~r v V vav •MII Y~IV 1 Ivv1 1 1411J.
10• EmpLQyee Housing• The developer shall provide four (4) Type IV Employee Housing Units on-site, which
shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code prior
to the release of any Temporary Certificate of Occupancy for the project.
Ordinance No. 3
3 sMas or,esa
Additionally, the developer shall provide one one-bedroom employee housing unit and one two-bedroom employee housing unit. These employee housing units shall
be located off-site, shaii be located within the Town of Vail municipal boundary and
shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code. The '
employee housing restriction agreement shall be signed and submitted to the staff
for approval before a Temporary Certificate of Occupancy will be released for the
project. The units shall meet the minimum standards according to Title 12, Chapter
13, of the Town of Vail Municipal Code.
11. Landsca ina:
The area of the site to be landscaped shall be as indicated on the landscape plan.
The developer shall finance and construct the approved landscaping, generally
located on the south side of the building (between the building and the streamwalk).
The developer shall maintain this area in perpetuity. ~
12. Streetsca~e~.
The developer shall finance and construct a heated concrete unit paver walkway and
lighting according to the Town of Vail Streetscape Master Plan, parallel to both the
northern and eastern property boundaries of the Vail Athletic Club property,
. continuing south on the west side of Vail Valley Drive. Thewalkway will extend .
across the Gore Creek Bridge as indicated on the Site/Landscape Plan, however, the
walkway on the bridge wi11 not be heated nor will the bridge be widened by the
developer.
Stamped engineered drawings shall be submitted for these improvements to
the Town of Vail Engineer for approval, prior to the release of any Building
. Permit(s) for the project. The developer shall maintain the developer
improved sidewalk, lighting and other streetscape improvements in
perpetuity.
Section 5. Conditions
1. TI1at thP. Atlnlll:all~ IlRfllla(1P1'1tIV rIPPf'I (ACf1'1! f YI1G 54 aI`Cnrnrrrriatinn Jnitc ~c chor±_term mn~l
. r i • . . . .
units, and that the 54 accommodation units shall not be subdivided in the future to allow for
individual ownership. The condominium declarations for the Vail Athletic Club shall be amended
to include this requirement. These items shall be completed prior to the Town's release of any
occupancy permits for the building.
O?dinance No. 3
4 Series of 1998
2. The applicant shall execute and have recorded at the Eagle County Clerk and Recorder's Office,
the Town's Type !V Employee Housing Agreement for the four employee housing units proposed
in the structure. This shati be required prior to the Town's release of any occupancy permits for
the building. . 3. Construction drawings, for all the site planning/streetscape improvements included as a part of this project, shall be submitted for the review and approva4 by the Town Engineer. This shall- be required prior to final review by the Design Review Board. •
4. That the proposed oversized shingies not be used as the exterior siding materials for the
building and that the applicant use siding materials such as stucco, wood and stone, subject to
finai Design Review Board review and approvai.
5. That all the deck rails and the exterior siding of the building be consistent with regard to design,
material and color, and that this requirement shall include the two existing condominiums on the
third and fourth floors of the building.
Section 6 Amendments .
Amendments to the approved development pian which do not change its substance may be
approved by the Planning and Environmental Commission at a regularly scheduled public hearing
in accordance with the provisions of Title 12, Chapter 3, Section 6(§12-3-6) and Title 12, Chapter 9A, Section 10 (§12-9A-10) of the Vail Municipal Code. Amendments which do change the
substance of the development plan shall be required to be approved by the Town Council after the
above procedure has been followed. The Community Development Department shall determine what
constitutes a change in the substance of the development plan.
Section 7. Ex iration _
° The developer must begin construction of the Special Development District within three (3) years
from the time of this Major SDD Amendment, and continue diligently toward completion of the
project. The developer must meet the requirements of Title 12, Chapter 9A, Section 12 (§12-9A-12)
of the Municipal Code of the Town of Vaif. .
Section.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.
Ordinance No. 3
5 Series of 1998
Section 9
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or •
proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provisions or any ordinance previously .
repealed or superseded unless stated herein.
Ordinance No. 3
6 series or,aee
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this 17th day of February, 1998, and a public hearing shall be held on
this Ordinance on the 3rd day of March, 1998, at 7:00 p.m: in the Council Chambers of the Vaii
. Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Pro-Tem
Attest:
Lorelei Donaldson, Town Clerk
READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd
_ day of March, 1998.
. Rob Ford, Mayor Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 3
7 Series of 1998
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~ PROCLAMATION NO. 2
SERIES OF 1998 ~i
TEACHER APPRECIATION WEEK
: .
WHEREAS, today's teachers mold our future citizens through their guidance and
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education; and
WHEREAS, today's teachers encounter students of widely differing backgrounds
.
; and abilities; and
WHEREAS our coun ' ~
, try s future depends, in large measure, upon the education ~
our youth receive today; and .
WHEREAS, teachers spend countless hours outside their classrooms preparing
lessons, evaluating progress, counseling and coaching students and performing communi . ~f` .
~
service; and ~
~ WHEREAS, our communi reco nizes that its teachers are rovidin uali
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education services to our children.
~
NOW, THEREFORE, BE IT PROCLAIMED THAT the Town of Vail designates
; ,
_the week of May 3- 9 as Teacher Appreciation Week in this community; and
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BE IT FURTHER PROCLAIMED THAT the Town of Vail calls on the
~
community to join with it in personally expressing appreciation to our teachers for a"job
well done." ~
INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of April, ~
1998.
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Robert E. Ford, Mayor
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ATT'EST:
Lorelei Donaldson, Town Clerk
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PROCLAMATION NO. 3
SERIES OF 1998
A PROCLAMATION FOR DAYS OF REMEMBRANCE FOR 1998.
,n.
WHEREAS, six million Jewish men, women & children were systematically
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slaughtered by Hitler between 1933 and 1945, thus destroying a once unique &
,
~
vibrant culture; and
• _ ~
WHEREAS, millions of other people such as, homosexuals, gypsies,
` c. .
handicapped & political & religious dissidents were also annihilated because of -
racial, ethnic and national reasons; and 2`-
WHEREAS, we honor the survivors of the Holocaust for their courage and
mourn with them the loss of fathers, mothers, sisters, brothers, and other family ~ K
members and friends; and ;
s
WHEREAS, we honor the brave Lilierators and Righteous People who were
• not silent and who saved many Jewish and non-Jewish lives; and
.
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October
~S
1980) the United States Holocaust Memorial Council designates the Days of t'
Remembrance of the victims of the Holocaust to be SundaY, APnl 19 throuSh
Sunday, Apri126, 1998 including the international Day of Remembrance known as
`
Yom Hasoah, Apri123, 1998; and
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WHEREAS, the Days of Remembrance have been set aside for a11 people to
remember the destruction that occurred and to always be reminded of what happens
to mankind when hatred, bigotry and intolerance reign; and
WHEREAS, we the people of the Town of Vail must never forget and must
. continually rededicate ourselves to the principles of equality and justice for all and strive to overcome intolerance and indifference through leaming and remembrance.
NOW, THEREFORE, I Rob Ford, Mayor of the Town of Vail by virtue of the
authority vested in me do hereby officially proclaim the week of Sunday, April 19
through Sunday, April 26, 1998 to be known as "Days of Remembrance."
INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of
April, 1998.
Robert E. Ford, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
~
,
ProGamation No. 3, Series of 1998
,
~
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PROCLAMATION NO. 4, SERIES OF 1998
INTERNATIONAL BUILDING SAFETY WEEK PROCLAMATION
WHEREAS, from the inception of this nation, it has been the responsibility
of the states and their local governments to adopt legislation and administer laws and
r ordinances wherever necessary to protect the health, safety and welfare of their .
citizens; and
WHEREAS, it has been a fundamental part of the democratic principles o
this nation to involve all interested and affected parties from both the public and the
private sectors in the formulation, adoption and, to the fullest extent possible, in the'
administration of such laws and ordinances; and
WHEREAS, among the most basic and essential of the laws and ordinances
; which have been so derived are those which are designed to protect the public's health ~ and safety in the buildings in which people live, work and play; and ~
~ WHEREAS, in an attempt to assure such safety, the Town of Vail, State o
Colorado, has adopted and administers the Uniform Building Code, which code has ,
, been designed and is maintained by building ojfzcials with the valuable assistance oi
consumers, fzre prevention officials, design professionals and the construction industry; and
WHEREAS, it is through the efforts of local building ojjz'cials and fire .
prevention ojjtcials and their cooperative relationship with the construction industry
that the administration of these health and safety regulations is accomplished;
~
NOW THEREFORE, the Town Counril of the Town of Vail, State of
Colorado, does hereby designate the week of April 5-11, 1998, as International
~
~Building Safety Week within the Tozam of Uail.
t y.
The Town Counril urges all of the citizens of the town to use this week to visit
the Town's Building Safety and Inspection Services Division office in the Community
Development Department and to better familiarize themselves with the important
building safety information and services provided by the people there as public
~
servants.
IN WITNESS THEREOF, I have hereunto set my hand and the Town Seal ~
_
ihis Seventh iJay ojl'iprti, lyyu.
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` Attest: Mayor, Town of Vail ~
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Town Clerk
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PROCLAMATION NO. 5
SERIES OF 1998
" A PROCLAMATION HONORING AMERICAN ATHLETES WHO
MEDALED IN THE 1998 WINTER OLYMPICS IN NAGANO, JAPAN.
.
:
WHEREAS, the following United States athletes won medals in the 1998
~
Winter Olympics held in Nagano, Japan. l
NAME SPORT MEDAL
Jonny Mosley Men's Moguls Freestyle Skiing Gold ~
Picabo Street Women's Super-G Alpine Skiing Gold
Ross Powers Men's Halfpipe Snowboard Bronze r
Shannon Dunn Women's Halfpipe Snowboard Bronze
- ` Chris Thorpe &
Gordy Sheer Men's Doubles Luge Silver
~ .
Mark Grimmette & •
Brian Martin Men's Doubles Luge Bronze
%
Chris Wiriy Women's 1,500 meters Long Track
`Speedskating Bronze t{~
Women,s Hockey Team Women,s Ice Hockey Gold Eric Bergoust Men's Freestyle Aerials (Skiing) Gold
Nikki Stone Women's Freest le Aerials Skiin Gold
Chris Witty Women's 1,000 meters Long Track
Speedskating Silver
Tara Lipinski Women's Figure Skating Gold
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Michelle Kwan Women's Figure Skating Silver
.
,
.
NOW, THEREFORE, I, Mayor Ford, by virtue of the authority vested in
, me as Mayor of the Town of VaiL on behalf nf thP Vq-;1 Tnw„ ,C;~
Vail community, wish to express Vail's congratulations to the above listed 4
z' ~r athletes on winning medals in the 1998 Winter Olympics in Nagano, Japan.
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INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of
April, 1998.
Robert E. Ford, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Proclamation No. 5, Series of 1998
. .
ORDINANCE NO. 5
Series of 1998
AN ORDINANCE AMENDiNG TITLE 11, SIGNS REGULATIONS, OF THE MUNlCIPAL CODE,
ALLOWING FOR TEMPORARY TRAFFIC CONTROL, DIRECTIONAL AND ON-SITE
WINDOW SIGNS, AND A SPECIAL REVIEW PROCESS FOR TEMPORARY SIGNS DUE TO
THE NUMEROUS CONSTRUCTION PROJECTS IN VAIL VILLAGE DURING THE 1998
SUMMER CONSTRUCTION SEASON.
WHEREAS, Vail Village is an invaluable asset to the Community; and
WHEREAS, as many as sixteen major construction projects are anticipated to be
underway in Vail Village during the 1998 summer construction season; and
WHEREAS, to insure said construction has as little negative impact on the Community
and on our guests as possible, the Vail Town Council has determined it is appropriate to allow
temporary traffic control, directional and on-site window signs, and a special review process for a
temporary period of time in Vail Village.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, that Title 11, Sian Reg.uiations, be amended for a specified period of time as
follows:
1. In the area described as "Vail Village" and further defined by the hatched area as
depicted in Exhibit A(attached) this amendment to Title 11, Sign Regulations, shall be effective
until September 8, 1998.
2. Individual businesses located within the above-described area shall be permitted to have
three (3) window signs per frontage limited to a coverage of twenty percent (20%) of the total
window space and the requirements of Section 11-413-20, Window Sictns, with exception of
Subsection 11-46-20 (F), are waived. No sign or signs shall cover more than fourteen square
feet (14 sq.ft. ) of any window space.
3. Individual properties located within the above-described area shall be permitted to have
traffic control signs and the requirements of Section 11-413-18, Traffic Control Signs For Private
Propertx, with the exception of Subsection 11-4B-18 (E)(F), are waived.
4. For the expressed purpose of this ordinance only, a Directional Signs For Public
Property shall be defined as:
"A temporary sign with no display of off-site business advertising
for the purpose of directing the flow of traffic, both pedestrian and
vehicular, on public property to local shopping areas, public parks,
recognized landmarks and other areas of interest.
5. Directional Signs For Public Property shall be permitted to be installed by the Town of
Vail within the above-described area.
1
4 ,
6. No additional lighting will be permissibte in conjunction with the allowable temporary
signs.
7. A sign application with an executed affidavit agreeing to the provisions of this ordinance
and providing for removal of any temporary signs on or before September 8, 1998, shall be filed
with the Department of Community Development prior to permit approval.
8. Title 11, Sign Regulations, shall remain in effect for all remaining areas within the Town
of Vail and all provisions of Title 11 which are not amended hereby shall remain in effect for the
areas described herein.
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. 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.
11. The amendment of any provision of the Vail Municipal Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
12. 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 7th day of April, 1998. A public hearing on this ordinance
shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the
21st day of April, 1998, at 7:00 p.m, in the Municipal Building of the Town.
Robert E. Ford, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
2
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBL(SHED (iN FULL) (BY TITLE ONLY) THIS 21st DAY OF APRIL, 1998.
Robert E. Ford, Mayor
ATTEST:
Lorelei Donaldson, Town C(erk
Ordinance No. 1, Series of 1998 3
50 • -
.LAGE INN ?41
~OQ EA TVAIL VILLAGE 1ST,
ROSSROADS 14 ~ TRANSPOR PART OF TRACT B
ARCADE P ~ CENTE TYRO
~ 241
EA T 5 VILLA Ist. FILING.
• '()w 22 F M ~
TALISMAN ~Wq~ET VILLAGE ~ w ~ CORNICE o
~ CENTER EA MEAD
6 2 ~ SONNENALP • OR.
~ 120 5E 126 242 TRAC MOUNT TRACT D
° 124 292AU ATH ETIC 62 APOLU
LUB q
52 All
REE VAIL TRAI
R R sE 6 m g~~E < 22EDELW 3 F LAUFER D WEST
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2 83 ~i 4 ZMAR O~ER 365 8 r t 4; 3 TRA
AS7
1 63 A03 5~ 183 3 201
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43 TRACT H~123
LLiDw 86 • R 3
R VA RI E r G R A R D E
N. 58- g. R C E ~ i C T. 3 0 OF m P-2
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74 IYA
RIOGE S. A,6,C 174 H p E RAM?S SE4S0 S
THE HRISTIA IvOLI v HORN P-I
2 D-I 3g6 ?0 416 A 3
- - VAIL ROAD 356
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298 VAILVILLA •
TRACT E
MIBIT "n" 325 315 305 30
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I
ORDINANCE NO. 5
Series of 1998
AN ORDINANCE AMENDING TITLE 11, SIGNS REGULATIONS, OF THE MUNICIPAL CODE,
ALLOWING FOR TEMPORARY TRAFFIC CONTROL, DIRECTIONAL AND ON-SITE WINDOW
SIGNS, AND A SPECIAL REVIEW PROCESS FOR TEMPORARY SIGNS DUE TO THE
NUMEROUS CONSTRUCTION PROJECTS IN VAIL VILLAGE DURING THE 1998 SUMMER
CONSTRUCTION SEASON.
WHEREAS, Vail Village is an invaluabie asset to the Cammunity; and
WHEREAS, as many as sixteen major construction projects are anticipated to be
underway in Vail Village during the 1998 summer construction season; and
WHEREAS, to insure said construction has as little negative impact on the Community
and on our guests as possible, the Vail Town Council has determined it is appropriate to allow
temporary traffic control, directional and on-site window signs, and a special review process for a
temporary period of time in Vail Village.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, that Title 11, Siqn Regulations, be amended for a specified period of time as
follows:
1. In the area described as "Vail Village" and further defined by the hatched area as
depicted in Exhibit A(attached) this amendment to Title 11, Siqn Reaulations, shall be effective
until September 8, 1998.
2. Individual businesses located within the above-described area shall be permitted to have
window signs and the requirements of Section 11-46-20, Window Signs, with exception of
Subsection 11-413-20 (F), are waived.
3. Individual properties located within the above-described area shall be permitted to have
traffic control signs and the requirements of Section 11-413-18, Traffic Control Signs For Private
PropertX, with the exception of Subsection 11-46-18 (E), are waived.
4. For the expressed purpose of this ordinance only, a Directional Signs For Public
PropertX shall be defined as:
"A temporary sign with no display of off-site business advertising
for the purpose of directing the flow of traffic, both pedestrian and
vehicular, on public property to local shopping areas, public parks,
recognized landmarks and other areas of interesf.
5. Directional Signs For Public PropertX shall be permitted to be installed by the Town of Vail
within the above-described area.
6. No additional lighting will be permissible in conjunction with the allowable temporary
signs. ,
1
7. A sign application with an executed affidavit agreeing to the provisions of this ordinance
and providing for removal of any temporary signs on or before September 8, 1998, shall be filed
with the Department of Community Development prior to permit approval.
8. Title 11, Sign Regulations, shall remain in effect for all remaining areas within the Town of
Vail and all provisions of Title 11 which are not amended hereby shall remain in effect for the
areas described herein.
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. 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.
11. The amendment of any provision of the Vail Municipal Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior
to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
12. 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, AND APPROVED this 7th day of April, 1998, in the Council Chambers of
the Vail Municipal Building, Vail, Colorado, and this ordinance shall take effect immediately.
ORDERED PUBLISHED IN FULL this 21st day of April, 1998.
Robert E. Ford, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
2
'EST
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(LLAGE INN 141
EA T W VAIL VILLAGE 1ST,
100 ROSSROADS 14 Q PART' OF TRACT B
ARCADE TRANSPOR
p ~ CE2 ~E TYR(
EA T ; 5 VILLA Ist. FILING.
.p • ~w 22 F
TALISMAN ~WA VILLAGE M ow D5i~~ CORNICE o
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CENTER SONNENALP Ea MEAD DR.
~ 6 2 ~ I20 5E 126 242 TRAC MOUNT TRACT [
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6 APOLL
~ 124 292AU aTH ETIC 2
LUB ,
N 52 A I~
REE VAIL TRAi H
R R SE 6 m B IDE ~ W,
83 L ~ I
EDELW c , 223 F , 385 FER
2 ~ 03 UMM ZMAR OWER 8 4:3 TRA
1 63 ~Oy,pC 5L4 183 3 201 AS
)P 43 TRACT H 123 W 14 0 3
~LLJ)w . ~ ss • °R 3
R vA RI E _ RC E ~ I IL OF~E 9 Ill 1 6N' ~ cH~.B 5~, ~ CT.30 P-2
GODS -mc ~
44 8 7~0 133 ~?~I 3 ~ 365
74 IVA 1 ' ~ ALL
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RIOGE S. A,6,C 174 Hp RAMtS SE~SO S
THE HRISTIA IVOLI E v HORN P-I
VAIL ROAD 356 2 D"1 386 ~ 416 A 3
• . A B CYRANO'S TRACT F-I
298 VAILVILLA •
TRACT E
EXRIBIT "A"
e 315 3 530
325
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~ MEMORANDUM
TO: Eagle Coupty Recreation Authority
, FROM: Rick Pylman
• -
' DATE: -January 13, 1998
RE: Berry Creek Sth Filing/Miller Ranch Under cover of this memorandum are two plans for the Berry Creek Sth Filing/Miller
Ranch property. The first plan, Alternative lA, is the plan that was presented at the joint
meeting of the Eagle Counry Recreation Authority and the Eagle County School District that
was- held in late October. The second plan, titled Concept Plan, represents the input that was received on the
Alternative lA plan at that joint meeting. Specifically, the Concept Plan differs from Alternative lA in the following ways:
• The Recreational parcel is smaller by approximately 2 acres
• The Elementary School parcel is smaller by approximately 1 acre
, The Middle School parcel is smaller by approximately 1.5 aares
• An additional 6.0 acre Alternative Use site has been added north of the
Middle and Elemeptary School sites • An additional 1.0 acre Alternative Use site has been identified on land that
was not previously designated with a land use
The discrepancy between the lands added and deleted is due to more refined acreage ,
calculations and the elimination of the gaps between the parcels. These parcels represent, at
a conceptual level, useable land. There is additional acreage on these properties that has not
been designated for a use due to topography or existing land use(cemetery).
'Please contact me if you have any comments or questions on this plan. The Eagle County
School District has not yet reviewed or approved this Concept Plan. The Concept Plan will
be used as the basis for an intergovernmental agreement regarding joint use of these
properties. The attorneys for each entity are currently working on this IGA and will be
distributing`a first draft for review in the near future.
I'clcr ,lani:u• Atisucialcs Inc.
P.O I)rawcr 4727 • Vnil, Color.ido 81658 • Plionc: 970-949-11102 • FAa: 970-949-1978 • c-niail:pjtiiC,~~':~il.nc~l
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~ Berry Creek 5th Filing/
E~efds Miller Ranch
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TOWN OF VAIL
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Office of the Town Manager
75 South Frontage Road ~
Yail, Colorado 81657
.
970-479-2105/Fax 970-479-2157
TM
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin, Town Manager ~
DATE: Apri13, 1998
SUBJECT: Town Manager's Report
Paid Parking
The parking structures were scheduled to close on April 19th. However, given the recent level of
activity in the structures, we will be closing them a week early. The effective date for the closure
will be midnight, April 12th. Therefore, effective Monday morning April 13th, parking will be free
in both the Vail Village and Lionshead structures. We are closing the structures early in order to
reduce operating costs.
Booth Falls Rock Fall Berm
The rock fall structure for the addition of the Booth Falls Rock Fall berm has been designed and
approved. The homeowners are waiting for their engineer to do a request for bids for this project.
The homeowners wish to get bids before they finalize any loan applications. Therefore, it appears
that this wall will not be constructed this spring, but will be built later in the suininer.
1997 Audit
We have begun work to conduct the audit for the fiscal year 1997. Jerry McMahan and his staff will
once again be performing the audit. It is anticipated that this work will be complete by April 30th.
We anticipate Jerry making this annual report to the Council later this spring.
Summer Construction Schedule
We have been working to prepare for the upcoming summer construction season. As we have
discussed previously, the schedule for TOV projects are as follows:
Seibert Circle May 14 - July 1
TRC Stairs May 4- July 1
Slifer Plaza Apri120 - July 1
Gore Creek Overlay September 8- September 30
RBCYCLEDPAPER
i
Additionally, as you may have seen in the paper this week, the Department of Transportation will
begin an overlay of I-70 on Monday, April6th. This overlay will be similar to the one done last year
in Eagle-Vail to Wolcott. This project will begin at the East Vail Interchange and will terminate at
the twin bridges east of Avon.
Village Construction Meeting
On Tuesday afternoon, March 31 st, several staff inembers along with Ludwig Kurz and Michael
Arnett, met with contractors and interested Village merchants concerning the summer construction
in the Vail Village. A number of requests were made by the merchants to minimize the impact of
the construction in the summer. These include a temporary sign ordinance (similar to what was
allowed in West Vail), a Town coordinated directional signage program, daily radio spot updates,
newspaper weekly updates, and a staff contact. We are working to implement as many of these
requests as possible. Specifically, we will be bringing an ordinance authorizing temporary signage
to you at the 4/7 evening meeting. I will be contacting Brian Hall to discuss with him an overall plan
to assist us. As you may be aware, Brian assisted the Beaver Creek merchants last summer during
the construction of the Vilar Center and the ice arena. For your information, I have attached a copy
of the problem statement and givens for this work.
ICBO Safety Week
Attached is a copy of the ICBO Safety Week handout. As indicated on the handout, ICBO Safety
Week will be the week of Apri16-10. Additionally, this year we will be substituting a week long
open house for the construction kick-off ineeting. In the past few years the attendance at the
construction kick-off ineeting has been poor. We believe that the open house format will be more
effective in corrununicating with contractors and developers. The open house will be held all week
from 8:00 a.m. to 3:30 p.m. in the Community Development Department. There are two
opportunities where staff from all divisions (including Public Works and Fire) will be available on
Thursday, Apri19, 1998 from 3:30 p.m. to 5:30 p.m. and Friday, April 10, 1998, from 11:00 a.m. to
2:00 p.m. in the Community Development Department.
Common Ground Update
Attached to this memorandum is an agenda for the April 14th and 16th Common Ground
Workshops. You should be aware that there are some individuals and groups in the community who
are questioning the Town's role with respect to housing. Specifically, there is disagreement with a
number of the givens in this process. I am not advocating that we change our position or direction,
but simply wanted to give you a heads up regarding some disagreements with some of the
fundamental premises of this planning effort.
RWM/aw
Attachments
11
TOWN OF YAIL ~
1,nternafional BuildingS.,--afely , Weekj
.
_ . • I
K :O str ~
p I ~ I C
o~f
9
April
. , : .
-UVHERE. WHT•
• Builcling Safety & Inspection Services Divisior~, :4 Meet the4own's new building official.
Department of Community DevelopmEnt, eceive helpfiill"information on buildin saf
Town ~~f Vaif;-75.,Sauth Fronta e Road. ~ 9 e~~
9 buifdtr~codes, deve~oprnent review, plan
4JNH E N: reui:ews, ~~ic~specti o n s,&
-
~ procedures.
• Mondav=Frida O~ e House,
8: 66 ~:30: , ok`at the` r~ev??, vpdated codes pro posed f o r
S t op in any fime'for coffee, cookies, handauts, adoptior~'by the~town;soon:
information, etc~ _;Register for door pnzbs~ ,w- 1997 Unif6rm Building Code (UBC)
• Thursday,A ril , 3:30*5: ~ QR r~: 1998 International Mechanical Code
Frida ~
y ApriI 0j •00 Refreshment ,IMC 1997` ccepted)
1~~ 1:00-2 s ( UNIC als o.~a'~
information hando~tts;-,meet & visit with town `
1997 International-Plumbmg Code (IPC)
staff, discuss the development review process, (1994 UPC also accept~rf)
procedures, etc. REGISTER FOR ~'REE DOOR PRIZES:
Vlr~-l• 30 Code Check guides for building safe
• For architects, busi,ne.ss' owners, citizens, houses, a$14.95 value ~
contractors, developers, engineers, home • 20 Contractor s Indexes to the~~1997
builders, home owners, property owners - UBC, a$26 value `
everyone is welcome. • 50 ICBO mouse pads, a$5 value
• A limited number of 1994 Uniform
• For more information, please call 479-2139. Building Codes (UBCs), Vol. 1, 2& 3
4VAIL
TOWN Department of Community Development • ~ •
75 South Frontage Road
Vail, Colorado 81657
.
970-479-2138
FAX 970-479-2452 T""
Problem Statemen~
Vail Village is an invaluable asset to the community. Thousands of people come to the Village
each summer to sightsee, recreate, shop and enjoy Vail. The community and merchants rely upon
the summer tourism to generate revenue. Our summer guests expect a pleasant experience while
in Vail.
Currently, as many as sixteen major construction projects are anticipated in Vail Village this
summer. It appears this summer will be the busiest construction season ever in the Village. To
insure that all of the proposed construction has as little negative impact on the community and on
our guests as possible, the Town of Vail finds it imperative to create and implement the 1998 Vail
Village Construction Master Plan.
It would be irresponsible for the Town, the construction contractors and the merchants to not
actively participate to minimize the impact of construction on the Village this summer.
Given
The following givens are intended to provide the basic foundation by which construction will be
completed in the Village:
• the public's health, safety and welfai-e shall be honored at all times
• adequate pedestrian, loading/delivery vehicle and emergency vehicle access and circulation
shall be maintained
• roadways and pedestrian walkways shall be kept clean and free of dirt and debris
f:\everyonz\gzorge4nemos\wcpro6.325
C~ HE('YCl,F,'AI'A!'h.'K
~
• the hours of construction activity shall be as follows:
- April 15 - June 15 & September 8- November 20, 7 a.m. until7 p.m. seven days a
week
- June 16 - September 7, 7 a.m until 7 p.m. Sunday through Thursday, 7 a.m. until
- 4:00 p.m. Friday,
- no construction activity shall occur on Saturdays between June 16 & September 7
- no construction activity shall occur on Sunday, May 24 or Monday, May 25
(Memorial Day), on Friday, July 3, Saturday, July 4, or Sunday, July 5
(Independence Day), Saturday, September 5, Sunday, September 6, or Monday,
September 7(Labor Day) and Wednesday, November 25, Thursday, November
26, or Friday, November 27 (Thanksgiving)
- deliveries shall be restricted into the Vi(lage to ? a.m. until 11:30 a.m., June 16
through September 7
• the Town of Vail Noise Ordinance has been waived by tbe Town Manager from April 15
through June 15, and from September 8 through November 20. The Noise Ordinance
shall be in effect and strictly regulated from June 16 through September 7.
• the Town of Vail shall honor all existing construction activity agreements
• the Town of Vail reserves the right to amend the 1998 Vail Village Construction Plan
regulations at anytime should abuses or problems arise
EXDeCtat10I1S
The following expectations are established to insure the success of the 1998 Vail Village
Construction Master Plan:
• full and complete cooperation of all the interested parties
• strict adherence and compliance with the requirements outlined in the construction plan
• active participation of all the contractors in the weekly construction update meetings
• respect and consideration for the affected interests and parties
f•\everyone\georgeMemos\wcprobJ 2 S
APR- 2-98 THU 16:12 TWEED KEZZIAH FAX N0, 7196337466 P.02
COMMON GRQUND
Apri114 and 16 Workshops
AGFNDA
8:30 / 4:30 "EARLY 81RD" ARRNAL
Coffee and review of displays
9:00 / S:O(l QPENlNG / VI/ELCOME -Mayor / Council members Problem / process / process ground n,les
Workshop purpase
To get your specific ideas about which uses in addiiion lo
housing are most important, where you'd like them sited, and
your suggestions for funding sources for affordabie housing
910/ 5;1Q SfI1NG GUlDEUNES (DISPLAYS / HANDOUTS / PRESEM'ATtON)
1. Presenlation of currenl sifing guidelines for Open Lands and parks
and proposed sfing guidelines for affordable housing and
community facilities
2. Writlen response forms to be individually ftlled out, incf uding
suggestions for sources of funding for affordable housing
9:30 / 5:30 BACKGROUND 1NFORMA710N (DISPLAYS / HANDOUTS /
PRfSENTATtOIV)
1. Open Lands Plan incomplete projects
2. Park development needs assessment
3. Informativn from community survey: .
Affordabie housing funding responses
Community uses responses
4. Flousing needs target and information about seasonal, long term
rental and owner occupied housing needs
5. Presentation of mapped information
10:00 / 6:00 SMAI.L GROUP WORK
Work in smal( groups at tables to identify (1) preferred uses; (2)
preferred sites for those uses indicated on maps
71:00 / 7:00 REPORT OUT / POSTING OF MAPS
, Brief report-out / review of maps
11:30 / 7;30 WRAP-UP/ NEXTSTEPS
Alternatives will be created based on:
- the preferences expressed here and those from the second
workshop as well as responses to the community survey
- a technicaE analysis of feasibility
fPR- 2-98 THU 16:12 TWEED KEZZIAH FAX N0, 7196337466 P,03
Cornrnon Ground Ne)d Steps Following April Workshop_s ? At tfie close of tfie workshops, volunteers will be asked to help quickly scan the
mapped uses to initialiy identify consistent responses-where any eAst
• Community Development staff will carefully analyle community responses from:
(1) the communiiy suniey
(2) the written response forms from the April 14 and 16 workshops
(3) maps sifing uses from ihe April 14 and 16 workshops
? Giiided by community sutvey and responses firom the workshops and by technical
feasibiliiy, project staff will develop altemative sifing and affordable housing
funding packagcs will be developed.
• The alternalive sifing plans and affordable hoLising fiinding packages wi11 be
presenled at two workshops on June 3 and 4, when people will be asked for their
pre€erred alternatives
? projec-t sta(f will develop a proposed sifing plan and affordable housing funding
package for presentation to Town Council
MAR 29 '98 15:35 CITY OF BOULDER P.1i1
AC:
OR .
. . .
-DENOUGH
~
v~ MColoradans must ezdmine k?ngiterm e'ecfs of mountain growtlt
rowth iti the VW vallw is taldng its migratioa It has gso been identified a3 lynx
Goll On w11d1jfC. The sprawl of homes habihek State wildlife offcials are novv
and busiaesses most apparent in examining habitat thraughout the state to
GBeiwer Creek and. Atrowheacl - has restore the lynx, a nre matnmal that wHl begin ~forced animals to move otrt of their historic receiviqg federat endangered species Protection
wultsr range and onto people's yards, Sotf by the end of June. A suspected lynx U-ack was
cc,uraes and Interatate 70. last found in Vait in 1991.
On;Saturday iwo elk were shvck and kOed Vat7 officials have aSreed tn take steps to
hy vehicles 4n 1-70. 'Ihirty were 1a71ed in the lessm impacts on wildlife in the area,.but their
same rnannp' Iast year.l)een cOrds are plan amounts to hzunan encroachment on
dwindtim brom being peished out by wldlite hahbt. More stti slopes are hardlq a
development and onto the highway th3t splits `baiue" warth Pxnteeking when wi7ci pbm are
the ralley in halL rapidSy disaPPearing• We
'Ihere is evrry sign that ' quesaon what values the U.S.
development wiff ooniinue. MQRE SKI SLAPFS Forest Service was protecbnS
Fagle Countj, * 11,000 A?M HARDIwhen it appmved Vat's placi.
' plots approved for new .~Y A° . The trouble with urhan
huusing. Now comes Vail's WAj.jTE' WORTH sprawl in the mountaias isn't plan to add 885 acre3 af sld just with VaiL 'I7us type af
tertain in its Back Bowls. PRDTECTING growth is a statewide problem .
°Category Ui" will consist of Vi;EN WILD that won't be solved if ,
intecmediate slope9, f6ur individuai resorts keeR ~
chair 1i#ts and is inieiided to Pj,ACE$ ARE expanding withaat wncern
lure more skiers, which - ' for long-term effects. The A`
uttimateiy means more h-affir, RAPIDLY Eihower Zluanet is alreao ~
'air pollution and inevitably - . DISAPPEARING. a ~dlock nightiQ1are 1
more development bigger r'esorts mean more
AMau,gh Va fLesorts says : jobs and commuter haffic. ,
it has no plans to develop anything beYond new Eagle County Commissioners don't have the °
slUpes, iYs a fact that slti 1'esnrt e3wazs5ion is the ppwer to stop sld-anea expansion berause it is ~
mother of real estate develoSxnenL VA Resorts on federal ]and. 'IheY can and sbould use their
d
has an option t4 buy thousands of acres of piivate bnd.use ppwers, though, to stop ' m
farest land ralled, the G17man property. wluch raffont development 3ssoc.iated with the 3ki ~ J
w'ill;be only one melIO awaY from the expanded- o ~
z+esort If things coatinue the way they? are,
ski 4oundary. $y comiecdoM Category ffi and wikWe affl lie focLed tn sustain hends an less - ~
Gilmaua, Vail will essetlbaIlY have.aeated aback.
~
duor to ~ sld mountait~ and less latid and state wadlife of5cers wgl have
Nerby ane the former minia~g and raihoad to ]c~l more e1k itt the- name of wikilifie ~
towns, Red Cliff and Minbuu. R~sideift there manaffp/11
--4 ..ent W
are tufriendly to the psosped of becoming a Oae growt}rcontrol measure we would like to
second $eaver Creek full of mllinn-dollw
see is asWe laW that puts a prerniiun on ;I
tropliy homes.'Ihey hm reason tn worry. A ;
Yai~corporate o~ieial has admitted to out~ung ~onal planning- Cities and counties shouid
plans for a gondola or chairlift c.oiuucting the ~k ~~e eurne~lative effects of growth and
BackF3owls to Minturn. s p i n o f f dcwe l opmeirt down t he r o a d.
lt'sirrespouscble for Vail Resorts to be How meny more shops, hotels, parldng lots,
pushuV its rerreational borders at ft time. . roads, bicycGsts acul back-country staers can
Zhe jett should be put on hold unhZ wiltllife
of5c~s ancf local gavernmenf can adequateky the Rocky Mou~rtair~ handle before elk
acldress ealay's effects of unbridled growth_ne crossing the highway tn find food becomes
exparuion area alone will +onlY ackd tn Vail commonplace? Co3eracfaas need to start
VatWs troubles. ProWctinB d" most Precious resourcCS before
` ne Gilrziaa property has been identified as a Piecemeal demloPment destroys wltat people
calving area for elk and a comidor for wildlife va]ue most about this state.
UAT
1 1'11
~
Y
MARCH 20,19981
CML survey results: municipal
finances, concerns in 1998
Inside by Sam Mamet, Associate Director mittee will be recommending in the
state budget bill (to be introduced
ighlighting the League's 12th by the time you read this) an addi-
Statehouse liannual survey of municipal tional $2 million for the state
financial conditions are four major affordable housing loan and grant
Report issues that mirror deliberations program.
going on right now at the State- CML is also supporting HB 9$-
¦ TABOR-municipal house. 1069, which would set up a state-
111 BCtS Street improvement needs funded revenue-sharing program
1p for growth-impacted communities.
page 2 Unfunded street maintenance and Zyat bill is still lodged in the
improvement needs took the lead
again this year. Municipal officials, House Appropriations Committee.
¦ Committee narrows faced with increasing costs to pro- Mendated expenditures
boundary bill vide services as the state's municipal Again this yeaz, unfunded or under-
population continues to grow, are ~ded mandates (laws or regula-
page 2 particulazly concemed about funding tions imposed on municipalities,
for local transportation needs. but without funding by the federal
¦ Gun preemption bill 'I'he League is a strong supporter of government) were high on the list
languishes both SB 98-170 and HB 98-1256, of major fiscal problems. Although
page 3 which are the two leading bills to federal anti-mandate legislation
earmark a portion of the above- approved in 1995 offers some
¦ Health care bill TABOR surplus for state and local relief, it does not apply to existing
wou/d undermine ~ansportation needs. mandates. Colorado municipal offi-
Coping with growth cials frequently mention environ-
reforms mental mandates, such as water
This year, 69 percent of 173 quality and water testing require-
page 3 responding municipal officials con- ments, as costly and onerous.
sidered coping with growth a major
¦ State dealing with problem they face in 1998. Since ~e way in which the Legislature is
TABOR surplus 1991, Colorado has added more addressing this is through the
> League-supported HB 98-1006,
' options than 375,000 new people. which would set up a state program
= page 4 Lack of affordable housing to finance a mitigation program to
i Lack of affordable housing is rec- deal with the vagaries of the Endan-
¦ CML focuses on ognized as a challenging conse- gered Species Act. This is a growing
quence of growth, with 69 percent concern among municipal officials;
federal issues listing this issue as a major fiscal the most recent example being along
page 5 problem they face in 1998. The the Front Range with the Jumping
Legislature's Joint Budget Com- Prebble Mouse controversy.
~
TABOR-municipal Year), the average municipal assessed
valuation increased by 14.9 percent.
impacts Property in Colorado is reassessed on a
The CML financial conditions analysis two-Year cycle. Property was reassessed ~
(see page 1 story) also reveals a current in 1997, for the 1998 budget year, based
Statehouse Report is snapshot regarding continuing TABOR on estimated values as of June 30, 1996.
published regularly by impacts upon the state's cities and In alternate years, property assessed ~
towns. Here is a quick summary: values are adjusted for new construction
the Colorado Municipal . Financial Planning Under TABOR. and other factors. Recently, municipali-
League during Among major problems municipalities ties have experienced a surge in
report in complying with the TABOR assessed values in reassessment years.
the Colorado Genera/ Amendment are increased election and Thus, the every-year TABOR and 5.5
Assembly session and bond expenses, increased legal and percent statutory limits are imposed on
accounting costs, increased staff time Sains that have an every-other-year
mailed first c/ass cycle.
spent on overall interpretation, an to municipa/ officials. increased tendency toward litigation and
Publication is from liability claims against government, and
the loss of flexibility to address local Committee narrows
the League otficcs at problems and economic conditions with boundary adjustment
1660 Lincoln St,, local solutions.
• Lower Mill Levies. Forty municipali- bill
Suite 2100, ties report they have certified a tempo- gg 98-1305 to facilitate minor
Denver, CO 80264-2101. rary mill levy reduction or credit. Some boundary adjustments between Denver
of these were to refund prior year and adjacent counties was approved
CML staff can be «
excess» revenue, some to avoid col- recently by the Senate Local Govern-
reached at lecting revenue over the TABOR limit ment Committee with amendments and
or over the statutory 5.5 percent limit. sent to the floor on a 4-3 vote. The bill
(303) 831-6411; Fifty-two municipalities have lowered
FAX (303) 860-8175; or eliminated their property tax mill is supported by the League because a
dozen municipalities in the metro area
e-rr?ail: cml@cml.org levy; some were simply to provide prop- border on Denver County, any of which
erty t~ relief, some because a bond may be interested in entering into nego-
issue had been retired or refunded; most tiations with property owners and other
copyrightO 1998 were to avoid collecting revenue over local govemments to resolve anomalies
the TABOR limit or over the 5.5 percent
Co/orado Municipal statutory limit. in the county line that have festered
since the Poundstone Amendment was
League The average municipal mill levy for the adopted in 1974.
IM ~ 1998 budget year is 13.61 mills, down ~e primary amendments by the com-
12.1 percent since 1994. These reduc- mittee provided that a boundary adjust-
9,7~ tions may cause fiscal difficulries during ment could occur only with the unani-
an economic downturn portion of the mous consent of the landowners
business cycle. Because municipal gov- affected, and also made the bill com-
ernments are labor-intensive, it is diffi- pletely non-applicable to residential
cult to cut public safety and mainte- properties. Testimony indicated that the
nance services rapidly when the major examples of where the bill might
economy slumps. do some good involved either commer- ~
• Assessed Yaluations Increase for cial property or land that has not yet
Many. For the 1998 budget year, 237 been developed.
municipalities experienced increased A lot of discussion in the committee ,
property assessed valuations. For 29 centered on the question of whether or
municipalities, assessed value not the bill was constitutional under the
decreased. In 1997 (for the 1998 budget
2 CML Statehouse Report March 20, 1998
Poundstone Amendment. Both before express his city's opposition to the pre-
and since the adoption of this amend- emptive aspects of the bill and spoke on
ment, the constitution has generally behalf of the League and other munici-
required voter approval of an entire palities on the principle of local control
county before any county land could be in the area of gun regulation generally.
~ detached. However, Poundstone specifi- Also opposing the bill were Denver Important Phone
cally permitted the Legislature to pro- Police Chief David Michaud, Denver Numbers
vide alternarive boundary adjustment District Attorney Bill Ritter, and Wheat
procedures short of a county-wide vote, Ridge Police Chief Jack Hurst, testi-
which is precisely what HB 98-1305 fying on behalf of the Colorado Associ- Genera/ Bill Information:
does. The committee received a thor- ation of Chiefs of Police. (303) 866-3055 or
ough analysis of the bill by an attorney Traditionally, the majority of this com-
from the Office of Legislative Legal mittee has been averse to municipal pre- House: (800) 811-7647
Services confirming the authority of the emption in this area, as demonstrated by Senate: (888) 473-8136
General Assembly to adopt alternative numerous prior votes on concealed
procedures for county boundary adjust- handgun bills in recent years. After
ments generally, and the constitution- receiving testimony and striking pre- House Democrats and
ality of HB 98-1305 in particular. emptive language in the bill, the com- Republicans:
mittee took the bill off the table to deter-
HB 98-1305: Minor county boundary mine whether it can or should go (303) 866-2904
adjustments forward as legislation that simply
Sponsors: Rep. Dan Grossman, D- addresses state criminal laws on the Senate Democrats:
Denver, Sen. Dottie Wham, R-Denver subject of traveling with firearms,
Position: Support without purporting to supersede munic- (303) 866-4865
ipal laws on the same subject.
Status: S. 2nd Reading
Staff: Sam Mamet, David Broadwell It is not known when the bill will be Senaie RePublicans:
rescheduled for a final vote in the com- (303) 866-4866
mittee.
HB 98-1260: Preemption of firearms Legis/ative Council:
Gun preemption bill regulations (303) 866-3521
languishes in judiciary Sponsors: Rep. Mike Salaz, R-Trinidad;
committee Sen. Gigi Dennis, R-Pueblo Department of Local
Status: S. Judiciary Committee Affairs:
On March 18, the Senate Judiciary Position: Oppose
Committee took extensive testimony on Staff: Sam Mamet, David Broadwell (303) 866-2771
HB 98-1260, the latest legislation to
pre-empt municipal authority to regulate Governor's Otfice:
firearms. As the bill came over from the
House, it had been narrowed to address (303) 866-2471
only local regularions on the carrying of Health care bill would
guns in vehicles, with the intent being to undermine reforms
allow the general population to carry
guns, either concealed or unconcealed, gg 98-1142 would allow the premium
~ in private vehicles free from any restric- rate adjustment factor used by small-
tion by a municipality. According to the group (less than 50 employees) sickness
testimony, the bill has been aimed by and accident insurers for health plans,
' the gun lobby particularly at ordinances issued or renewed on or after July 1,
in Denver.
Indeed, Denver Mayor Wellington Webb
appeaxed before the committee to
March 20, 1998 CML Statehouse Report 3
1998, to be based on claims experience mists), legislators have proposed a mul-
and health status. titude of investment, permanent and
These rating factors were eliminated in temporary tax-reduction, and refund
the health insurance reforms passed in proposals.
1994 to help stabilize rates for small There are more than 40 bills that are
employers. Evidence to date suggests related to this issue, most of which are '
that the reforms have been very suc- sitting in Senate Appropriations for
cessful. Any municipal employer with action. The challenge is that, if some of
less than 50 employees should be very the tax-reduction bills are adopted, there
concerned with the impact this bill is little or no money left to invest or to
could have on access to stable health refund. A thorough analysis needs to
insurance rates. include not just revenue estimates and
The bill has been held up in the Senate impacts for the next yeaz or so, but sev-
Business Affairs and Labor Committee eral years out. The state's cyclical eco-
in the hope that a compromise can be nomic history needs to be somehow
reached allowing for some level of considered in the estimates.
rating based on health status. The Senate has had initial discussions in
The League continues to believe that Party caucuses as to which way the state
ratings based on health status would should deal with the money.
hurt small employers. If you have not In general, the Republicans took straw
done so already, contact your legislators votes that supported a combination of
in the Senate and urge them to oppose capital investment (particularly for
the bill. transportation) and tax relief through
property tax restructuring and/or a direct
HB 98-1142: Elimination of Community refund.
Rating for Small Group Health Plans The Democrats were most focused '
Sponsors: Rep. David Owen, R- against permanent tax cuts, like an
Greeley; Sen. Don Ament, R-Iliff income tax-rate reduction, and sup-
Position: Oppose portive of an investment package. While
caucus work is nonbinding, it helps leg-
Status: Senate Business Affairs and islators prioritize various-and some-
Labor Committee times conflicring-goals and serves as
Staff: Steve Smithers an indication of what a majority of leg-
islators may support or oppose.
More specifically, among the tax-relief
measures in the Republican caucus,
State dealing with there was strong interest in providing
TABOR surplus property tax relief in the residential and
personal property tax area, with an
Opt1011S income tax reduction the second highest
priority.
How the state handles the TABOR sur- Th
e residential property tax proposal
plus dollars this year could have a sig- being shaped right now modifes several
nifcant impact on the preservation and existing proposals (SCR 98-4, HCR 98-
improvement of the transportation 1002, and HB 98-1152) in various ways, ~
system and other capital facilities, as including freezing the residential assess-
well as the fiscal stability of the state. ment rate; providing a homestead
With the ever-increasing TABOR sur- exemprion for homeowners, renters, and plus estimates (over $400 million cur- elderly against the school mill levy;
rently-$1.8 billion over the next five lowering assessment rates on vacant
years according to Statehouse econo- land and commercial property; and dedi-
q CML Starehouse Report March 20, 1998
cating 0.25 percent of the state's income numerous federal issues affecring
tax to backfill the schools. Municipal municipalities.
off'icials will be interested in the way preemption threat
these proposals affect the aggregate
In assessed value in their community. apparent contradiction to the populax
"devolution" theme in Washington,
~ Reduction on capital gains (HB 98- D.C., Congress seems receptive to Get connected!
1266) was of some interest also, but of approving various initiatives designed to
little or no interest was the temporary preempt or interfere with traditional For the latest information
sales tax reduction on clothes (SB 98- state and local powers, including prohi-
101) and the phone tax reduction (HB bitions on taxing of Internet transactions on legislative matters,
98-1065). and "takings" legislation. Well-heeled check out the timely
A fair number of Senate Republican special interests are lobbying Congress
caucus members supported all or some to divest states and their local govern- updates on
of the surplus being dedicated to an ments of traditional tax and regulatory CML Connection. Get
investment package, subject to voter powers. CML regards federal preemp-
approval (HB 98-1256). In such a tion as the most serious threat con- up-to-the-minute status
package, funding for transportation was fronting Colorado cities and towns. Sim- for important bills, and
the highest priority, with K-12 capital ilarly, the National League of Cities has
and controlled maintenance for state designated opposition to federal pre- remember. CML Con-
buildings closely following, and little or emption as its number-one priority for nection is now availab/e
no interest for higher education capital this session of Congress.
expenditures or operating money. Congressional City Conference through ihe Internet.
The League is actively supporting the Approximately 100 Colorado mayors, More than 30 cities and
surplus investment package, HB 98- councilmembers, and staff recently towns currently use the
1256, with our interest being the alloca- returned from NLC's Congressional
tion to transportation needs, including City Conference held in Washington, system to get timely
the local shareback that is currently in D.C. Colorado officials participated in information.
the bill. We are strongly urging law- NLC's policy deliberations, attended
makers to defeat permanent reductions legislative workshops, and met at a Col-
to the state's fiscal base, such as HB 98- orado caucus sponsored by CML. Many For info on how to get
1100. also met with their senators and con- connected, contact
gressmembers or their staffs to discuss Steve Smithers ai CML,
HB 98-1256: Retain Excess Revenue for statewide and local municipal issues.
Government Needs Federal takings bill (303) 831-6411.
Sponsors: Rep. Norma Anderson, R- pn the bright side, delegates learned
Lakewood; Sen. Dottie Wham, R-Denver that House-passed takings legislation is For more general infor-
Position: Support so controversial that the Senate may not mation on the League,
Status: S. Appropriations schedule it for action this year. More-
Staff: Jan Gerstenberger, Sam Mamet over, President Clinton has promised to check out the CML
veto any bill similar to the House- homepage at
passed version. Nevertheless, municipal
ENE off'icials are encouraged to contact Sens. uvwvv.capcon.com/cml
Wayne Allard and Ben Nighthorse
CML focuses on Campbell urging a"no" vote if the bill
federal issues is scheduled. As adopted by the House,
the takings bill would allow developers,
, Faced with pending legislation pre- home builders, and other "aggrieved"
empting traditional state and local tax property owners to appeal local land use
and regulatory powers, the CML Execu- decisions directly to the federal courts,
tive Board recently took positions on
March 20, 1998 CML Statehouse Report 5
I
? }
bypassing local administrative remedies reported back, the report itself could
and state court reviews. trigger a permanent preemption of:
Internet tax preemption • Internet access fees or taxes;
The overriding municipal concern high- • bandwidth; or
lighted at the conference and pending • bit taxes.
before Congress is legislation pre- ~
empting authority of state and local gov- Commission-The bill would call for
ernments to tax Internet transactions. the appointment of a commission within
The legislation is sponsored in the 45 days of enactment.
House by Rep. Christopher Cox, R- The commission would include:
Cali£, as HR 1054 and in the Senate by .two appointees by each of the Big 7;
Sen. Ron Wyden, D-Ore., as S 442. . the Secretary of the Treasury and the
Both the House and Senate versions Secretary of Commerce; and
could impose a moratorium on state and
local sales and use taxes on transactions • twelve business and consumer
conducted over the Internet. Lest one appointees,
thinks that the impact might be negli- The commission would be directed to
gible, it has been reported that the make recommendations with regard to
number of Internet transactions is dou- redefining nexus, so that any state which
bling every four weeks and could enacted a uniform rate base and rate
exceed $1 trillion by 2002! structure and achieved other simplifica-
At press time, it appeared that Cox and tion would be authorized to require elec-
national associations representing state tronic commerce and out-of-state ven-
and local governments may have struck dors to collect and remit that uniform
a compromise which could be approved rate to the state for proportional alloca-
by the House before the end of March. tion within the state.
The proposed compromise includes a 'I'he commission legislation would pro-
substantially narrowed three-year mora- vide for:
torium on specific Internet-related talces . a single state rate (with proportional
and creates a commission to develop
legislation requiring out-of-state venders sharing with local governments);
to collect a single state and local sales • simplified tax procedures;
tax rate on interstate transactions. • a uniform base and set of definitions
According to the National League of for electronic commerce;
Cities, the proposed compromise . an independent third-party collection
includes the following details:
system; and
Moratoriuui---The bill would apply a - an amendment to the moratorium with
three-year moratorium only to prospec- a possible permanent prohibition on
tive: state and local taxes on on-line ser-
• Internet access taxes; vices, and multiple and discrimina-
• taxes on on-line services; tory taxes.
• bandwidth and bit taxes; and Questions or comments regarding the
• multiple and discriminatory talces. Internet tax legislation can be directed to
Geoff Wilson or Ken Bueche at CNII,.
The moratorium would not apply to
sales or other taxes. It would expire
after three years, unless the commission
reported back recommendations to the
president and Congress. If, and once, the
commission reached consensus and
6 CML Statehouse Report March 20, 1998
CML Legislative Box Score
Subject Status as of 3/20/98
means "with amendments")
means official position subject to Executive Board review)
SUPPORT
SB 3 Lottery - extends sunset on state lottery from 1999 to 2009 Pending S. action on H.
amendment*
SB 20 POST - contains miscellaneous revisions to peace officer standards and S. Approp. Com.*
training law, including facilitative procedures for qualifying experienced
out-of-state applicants
SB 28 Aviation - establishes state program funding airport improvements to S. Approp. Com.
facilitate intrastate commercial seroice
SB 32 Audits - modifies local government audit law to provide more flexibility Pending action by Gov.
regarding requirements for inventory of property
SB 71 Appropriations to charities - repeals the $5,000 per year limit applicable to H. 2nd reading
statutory municipalities
SB 83 Taxes - establishes a study of state and local govemment fiscal policies S. Approp. Com.*
SB 115 Communications - establishes and tunds an electronic communications S. Approp. Com.*
grant program for local govemment and nonprofit facilities
SB 116 Taxes - authorizes the Department of Revenue to collect state and local Postponed indef.
sales and use tax revenue from certain out-of-state vendors, upon passage
of federal enabling legislation
SB 146 Highways - Vansfers, subject to referendum, one-third of state surplus Postponed indef.
over TABOR limit to highway users tax fund for distribution to state,
municipalities, and counties
SB 152 E/ectric power retail competition - provides for a study of inerits and S. Approp. Com.
impacts
SB 170 Transportation - allocates surplus state revenues for state, municipal, and S. Approp. Com.*
county transportation needs
?SB 184 Municipal and counry improvement districts - contains numerous changes S. Locaf Gov't. Com.*
facilitating formation and operation of municipal and county improvement
districts
HB 1006 Endangered species - creates state program with financing to promote H. Approp. Com.*
conservation of and avoid federal act complications
March 20,1998 CML Statehouse Report A'1
HB 1020 Audits - relaxes requirements for local govemments having small budgets S. 2"d reading
HB 1029 Mayor terms of office - provides local option for four-year terms for S. 2nd reading
mayors in statutory council-manager cities (alreatly available for other
statutory cities and towns)
HB 1040 Driver's license revocations - provides for revocation of driver's licenses Postponed indef.
of minors upon conviction of marihuana violations (HB 1160 contains a
similar provision.)
HB 1069 Revenue sharing - enacts state program to assist growth impacted local H. Approp. Com*
governments
HB 1105 Elections - CML sponsored bill simplifying reporting requirements for local Pending H. action on S.
government candidates under the Fair Campaign Practices Act amendment*
HB 1125 Statute of limitations - tolls the two-year statute of limitations until Postponed indef.
substantial completion of an improvement to real properry where the
damage claim arises prior to substantial completion of the improvement
HB 1160 Crimes - strengthens certain criminal law provisions (CML supports S. Jutl. Com.*
provision, similar to HB 1160, which provides for revocation of driver's
licenses of individuals convicted of drug antl alcohol offenses.)
HB 1169 Alternate fuel - provides tax incentives and rebates for altemative fuel H. Approp. Com.*
vehicle purchases and conversions
HB 1200 Marketing - authorizes creation of local marketing districts by S. 2nd reading*
municipalities & counties
HB 1220 Plumbing regulations - modifies state regulation to increase local H. Approp. Com.*
government plumbing code enforcement
HB 1256 Taxes - authorizes retention of state revenues exceeding TABOR limits for S. Approp. Com.*
state and local transportation needs, K-12 education capital facilities and
higher education capital facifities
HB 1283 Spurious liens - clarifies that sanctions don't apply to liens imposed by Pending action by Gov.
home rule municipalities
?HB 1296 Youth - creates early education and school readiness program S. Education Com.*
HB 1305 County boundaries - facilitates minor adjustments in county boundaries S. 2"tl reading*
for counties in the Denver metro region
HB 1315 Tourism - finances state tourism promotion by earmarking portion of state Postponed indef.
sales and use tax increases
?HB 1321 Youth - provides for a youth mentoring service and funding therefore H. 2nd reading*
A_2 CML Statehouse Report March 20,1998
HB 1324 Solid waste - provides additional fee monies to the solid waste Division of H. Approp. Com.*
the Department of Health, which in part are usetl to provide technical
assistance to local govemments
HB 1375 Transportation planning - conforms the law with the current transportation S. 2nd reading
planning regions (TPR) boundaries antl accommodates any future
metropolitan planning organizations as a TPR
?HB 1390 Land use boards of adjustment - authorizes municipalities and counties on H. 2nd reading*
a volunteer basis to utilize joint boards of atljustment
OPPOSE
SCR 2 Taxes - exempts all personal property from taxation without providing Postponed indef.
replacement revenue for local governments
SB 49 Taxes - prohibits state and local taxes, fees and charges related to Intemet H. 2"d Reading*
access seNices
SB 69 Limited gaming - provides for state approval of certain local land use Postponed indef.
decisions in gaming communities
SB 81 Weapons - authorizes carrying of concealed weapons and preempts local Postponed indef.
regulation
SB 92 Taxes - completely exempts personal property from taxation without Postponed indef.
replacing local revenue loss
SB 96 Crimes - contains miscellaneous revisions, including some reductions in Postponed indef.
crimes & preemption of local authority
SB 107 Health care - Requires health plans to open up prescription drug plans to H. 2"d Reading*
any willing provider, thereby leatling to increased health care costs
SB 178 E/ectric power retail competition - requires implementation Postponed indef.
HB 1100 Taxes - permanenly reduces state income tax rate from 5 to 4 3/4% S. Fin. Com.*
HB 1129 Eminent domain - prohibits generally for purpose of reselling to private Postponed indef.
persons or entities for commercial use
HB 1142 Health insurance - eliminates community rating of small group health S. Bus. Affairs & Labor
plans, potentially leading to significant cost increases for smaller plans Com.*
HB 1145 Loca/ government employment - subjects local govemment employers to Postponed indef.
state investigation and litigation proceedings when employees allege local
government "retaliation" actions against their employees
HB 1148 Open records - requires law enforcement agencies to prepare and make Postponed indef.
available to the public specified arrest and incident reports
HB 1163 Annexation - severely restricts municipal annexations Postponed indef.
March 20,1998 CML Statehouse RepoR A-3
~
HB 1170 Shooting ranges - restncts enforcement of local government noise S. 2"d reatling*
regulations regarding operations (oppose unless amended)
HB 1232 Taxes - exempts all newly acquired business personal properry from Postponed indef.
taxation with no replacement revenue of local governments
HB 1260 Weapons - preempts local govemment restrictions re transportation of S. Jud. Com.*
weapons (oppose unless amended)
HB 1262 Audits - requires local govemments to develop extensive data on costs of Postponed indef.
local government services which private enterprises can provide
HB 1266 Taxes - permanently exempts interest income, dividend income, and net S. Approp. Com.*
capital gains up to a total of $2,300 annually from state income tax
HB 1284 Electric power retail competition - requires implementation H. Bus. Affairs & Labor Com.
HB 1302 Elections - restricts expenditure of government funds relating to Postponed indef.
campaigns for public office or public issues
HB 1381 Electric power retail competition - requires implementation H. Bus. Affairs & Labor Com.
FORMERLY OPPOSED
SB 37 Beer & liquor - restricts disciplinary action when "sting" operations Pending S. action on H.
uncover illegal sales to minors (Senate amentlments require Division of amendments*
Liquor Enforcement to adopt guidelines for penalties which may be
imposed by local governments.)
SB 84 Motor vehicle dealers - allows dealers to register and title motor vehicles Postponed indef.
(As amended only applies to titles for salvaged vehicles.)
SB 94 Taxes - provides a properry tax credit for the elderly which reduces local S. Approp. Com.*
tax revenues (As amended provides for funding without local revenue
loss.)
SB 101 Taxes - exempts clothing and footwear from state and local sales and use S. Approp. Com.*
taxes (Committee amendment makes exemption optional for local
governments.)
HB 1005 Taxes - increases amount of business personal property tax exemption (As S. Approp. Com.*
amended, exemption only applies to school levies and does not affect
municipal revenues.)
HB 1065 Taxes - repeals state sales tax on telecommunication services (As S. Approp. Com.*
amendetl, retains tax for local govemments unless they affirmatively act to
exempt.)
A-4 CML Statehouse Report March 20,1998
•
CML $TATE _
Colorado Municipal League
1660 Lincoln St., Suite 2100
Denver, CO 80264-2101
~
~
4P
~
FIHbT CLASS MAIL
xOBERT KCLAURIN
NAAAGER
75 S FRQNTAGB &D fi
VAI1, CO 81657-0400
JANUARY 1998
NESS
4IL VAIL BUSI
TOWN REVIEW
March 27, 1998 -
This edition of the Vail Business Review examines January sales tax collections.
Overall January sales tax increased 1.4% with Retail increasing 1.6%, Lodging increased .6°/a,
Food and Beverage increased 2.8% and Other (which includes items such as utilities, taxable services
i.e. plumbing, electrical and rentals or leases) increased 1.2%.
January 1998 brought the Sprint World Ski Challenge. There were no special event in January
1997.
Please remember when reading the Vail Business Review that it is produced from sales tax
collections, as opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125 or Steve
Thompson at (970) 479-2116.
Sincerely,
Sally Lorton
Sales Tax Administrator
JANUARY SALES TAX ~
VAIL VILLAGE
JANUARY JANUARY JANUARY
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' JANUARY SALES TAX
CASCADE VILLAGE/EAST VA/L/SANDSTONE/WEST VAIL
JANUARY JANUARY JANUARY
1997 1998 %
Collections Coliections Chan e ~
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JANUARY SALES TAX
TOTAL
JANUARY JANUARY JANUARY
1997 1998 %
Collections Collections Chan e
_ . ~ ~ 1 ,~b>h~4' _ H ._.v ",~k.,,bh ~o"c`'~cbA,~.b"'p~ b•,`'SV°°'y'4~S'w``Xt°`~gt.v~~~i,'~ :a, ,
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Lodging
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: b4 4
-iti^ 4`4, t.
A
RETAIL SUMn~IARY
JANUARY JANUARY JANUARY
1997 1998 %
COLLECTIONS COLLECTIONS CHANGE -
. FOOD 115,831 132,204 14.1% `
LIQUOR 22,7~5 25,695 13.0%
APPAREL 117,765 111,360 -5.4%
SPORT 313,078 315,326 .7%
JEWELRY 24,996 27,708 10.8%
GIFT 28,480 28,879 1.4%
GALLERY 5,564 6,586 18.3%
OTHER 91,246 84,410 -7.5%
HOME 1,188 0 100.0%
OCCUPATION
TOTAL 720,883 732,168 1.6%
e
.
TOwn of Vail 75 South Frontage Road
Vail, Cmlorado 81657
.
PROFILES IN DATA 13035735275047 03/26 '98 12:52 NO_977 01/01
t~
I-70 C,~1R1~S
Qwritkir Alli;ln~ti' fUT A WpICI IIJILSIL S1)Illil(1I1 ~
1'.O, N:ix 376 Vi-591{09?9 DK•nvi•r
Uuuwnl,(C) N(Fi36 30 .57:S-5A751tax
March 27, 1948
MEIVIORANDUM
To: CARTS Membecs
' CARTS Supporlers and Friends
Fm: Miller Hudson
Execucive Direc:toc
Re: Senate Passaee of H B. 133$ by a Vule uf 28.5
Yes, we did it! Congralulations to everyone whu macie a call, wrote a iettcr ur jusi
; crossed thcir fingers and prayed for us. Efft;c:tive July 1, 1998 the Colorada Litermountain
Fixed Guideway Authoriiy will Uc open for business ---Denvcr, Jeffemon, Clcar Creek,
Sunimit, Edg1e and Garfield Counties will each appoint a Bpard Member (6) who will be
joined by appuintees nominated by the Spealcer of the House, the House MinUrily leaiicr,
the Senate Presideql und the Senatc Minority leacfer, and two by thc Governor, one of
whom must be a member of the Culoracio Transponation Commissioii for a tolal uf twelve.
Sometimc next monlh we will schedule a meeting/celebration to begin pIanming the
. task ahcad of us and to ihank those who helped particularly Senator Sally f lupper and
Rcpresentative Tuny Gramps;u. They were simply magnificent. When the wags at the
Capitol are shaking lheir heads, you knuw you were expected to fail. Bul we succeeded on
the raerits of our pruposal and the strength of our cunviccians. Jack Stauffer, CARTS
Engineer, and I liad a verysuccessful trip tu W:?shinglun, D. C. Ihat wc will rupur[ on at
p~ our next money. Suffice it to say tliat Congress is alreaciy looking ahead to ISTEA -3,
whieh will be advpled in 2403 at the s:une time we should be submitling a finaiicing plan to
Coloracio voters for their approval lo consuuct a Fixcd guideway from D1A to the EAgle
County Airport, or beyond. It is expected that a"third pot" of money wiil be c;realed in
ISTEA - 3 for so-cdlled Inter-urban corridors, We intend ta 6e there, standing in line.
Nuve a 6rew or twp ihis weekend und then put yuurself on the buck for u jvb well done.
- - . . _
HB 98-1335 by Rep. Crcampsas; Sen. Hopper--Fixed Guideway Autharity
'
Thc uestion bein "Shall the bili ass?" the ro11 was called with the fvllowin result:
YES 28 NO 5 EXC SED l ABSENT L
A1 aada Y Fecley Y Mutubau Y Tanner Y
Ament Y Hemandez Y P coe Y Tebodo N Amold N Hoona Y PcrtmuKer Y Tltiebau Y Bish Y]nhnson Y Philli s Y Wattcn A
Blickcnsdafcr Y La Y Powers Y Woddi
Chloubcr Y Lembocn E Rocvcs Y Well Y
Cofl'men N Linkhart Y Rizzuto Y Wham Y
C ve N Msrtincz Y Ru Y Mc. Prosident
A ma,yonty o members elcct to t e-Senate vutg votad in the urnative, t e biil was
dectared PA5SED.
Co-spansors added: Ament, Bishop, Dennis, Feeley, Hernandex, Linkhart? Martinez,
Matsunaks, Mutzebaugh, ~lorton, Pascoe, Perlmutter, Phillips, Reevcs, Rtzzuto. Rupert,
'lfiiebauY. ~ .
. , . . _ . .
Xc: Cew~-~
4
William Dean Singleton, Chairman
Ryan McKibben, Publisher, ChiefExecutive Officer
- THE Dennis A. Britton, Editor, Executive VP
Jeanette Chavez, ManagingEditor
` DE ~1~T Sue 0'Brien, Editor of the Editorial Page
K Frederick H. Anderson, VPFinance }
_ ~~1 m James Banman, VPHuman Resources I
Thomas J. Botelho, VPMarketing
Frank Dixon, VPOperations ~
Founded 1892 Steve Sparks, VPCirculation
Allen J. Walters, VPAdvertising
~
Love and TAB"IV's cost ~
F or 36 years, Colorado has fol- needs. Besides a huge transportation
lowed an effective economic backlog, Colorado faces $670 million
policy designed to both stim- in higher education building and ren-
ulate growth and to make ovation needs over the next five that growth pay for itself. years, with $400 million available un-
Republican Gov. John Love was der current funding formulas. The
elected in 1962 on a promise to cut state likewise has only about $300 #
taxes. But Love also launched an ag- million available to pay for $600 mil- _
gressive "Sell Colorado" program to lion in new jails and prisons. g
lure jobs and business to the state. Public schools have an estimated ;
Love was placing an early bet on $2 billion in building needs. Several !
what Ronald Reagan would later la- poor school districts have filed suit
bel "supply-side economics" - hoping claiming that the state's current sys-
that reductions in tax rates would tem of relying solely on local proper- ~
generate enough new business that to- ty tages to build schools violates the
tal revennes would actually increase. state constitution's mandate for a
Those increased revenues, in turn, "thorough and uniform" education.
would pay for the infrastructure nec- Now, House Majority Leader Nor-
essary to support the new growth, no- ma Anderson, R-Lakewood, has step-
tably schools and highways. ped forward to revive Love's success-
Love won his bet, and the Colorado ful policies with her HB 1256. As
economy entered a long growth approved by the Senate Appropria-
phase - though punctuated by boom tions Committee last week, it would
_ and bust cycles - that continued un- ask voters next November to autho-
der his Democratic successors, Dick rize spending $180 million a year for
Lamm and Roy Romer, both of the next five years above the esisting
whom followed Love's policies of try- TABOR limits. TABOR itself pro- 4
~ ing to use the robust revenues gener- vides for referrals and voters have ~
j ated by the state's relatively low tax approved such spending more than 'i
rates to pay for the infrastructure 400 times in city, county and local 4
necessary to expand Colorado's district elections since the amend- ~
healthy tax base. ment's passage. ~
Now Love's long and successful In its current form, HB 1256 would ~
economic parlay has collided head-on allocate an additional $80 million a~
with some of the many spending lim- year to transportation needs, $50 i
its imposed on state and local gov- million to pressing capital needs in
emments in the long and complex primary and secondary schools and
1992 Taxpayer Bill of Rights. Colora- $50 million a year to higher educa-
do has not increased tax rates. But tion. Even at that, HB 1256 would
the current economic boom has been leave a billion dollars available for `generating far more revenue than tax cuts during that same five years, "
TABOR's restrictive and overlapping if current projections hold true.
formulas allow the Legislature to We commend Anderson for trust-
spend. That surplus is expected to hit ing the voters of Colorado to decide
$400 million this year and as much as their own Future and urge the Senate
$1.8 billion over the next five years. to refer her plan to the November
Labeling that sum a"surplus" does ballot. As every farmer knows, when
not mean it is money left over after the harvest is bountiful, that's the
paying for pressing infrastructure time to repair the tractor.
' 7
El-igle I gioiial Transportation Authoriol
To: Eagle County Commissioners -
Jim Hartmann, Eagle County Adminiatrator
Red Cliff Town Council and Bob Slagle, Town Manager
Minturn Town Council and Dallas Everhart, Town Manager
Vail Town Counail and Bob McLaurin, 7vwn Manager
Avon Town Council and Bill ERing, Town Manager
Eagle Town Board and Willy Powell, Tawn Manager
Gypsum Town Ccuncil and Jeff Shroll, Town Manager
. Eagle County Regionat Transportatian Authority 8oard
Eagle County Trails Corrimittee
MEETING REMINDER .
Colorado State Parks Meeting
"Tennessee Pass Rai1 Corridor" Upda#e
THURSDAY, APRIL 2, 5:00 7:00 P.M.
Garden tevel meeting room, Eagle Caunty building, Eagte.
!f you have any questions, please con cf Ellie Caryl or Jim 5hrum af 749-0702.
Benchniurk l'laza #104 (970) 748-0701
P.n. Hox 1564 HAX (970) I48-0710
Avo?r, C.'u 8I620-1564 e-rnuil: mo'iility(q)vail.nrr[
l0'd 010'oN Zb~Sl 86,T2 21tiW OiZ08bZOL6:QI 3'3
V
y-d~iil PERSPECTIVE
~
an y, March 29, 1998 SECTION J TtE DExvF.F
ara~,
-ni
AB• R: TAXPA • BILL •
M~
.~i RIGHTS
O R RO oBM~C~
eow
'In 5 years, Ski are
the state passes I
:;better off? old pal
~ J" "cpps or We
proudl pastyhae decade,
n Wedceadey morning, follow- ~ Park ad'
-~.E iog fhe fust 1~esday, following itaelf es "Colorado's ;
t6e 5rst Monday in November Fsb resort." But this
took
198Y, the sun ra~e. On the previ- the Deaverowned reaort
aday, Colorado voters had adopted Wrn away from Its mtque {
glas Bruce's Amendment One, the ~ the hearts of local skiecs•
mASt iYStrictlve revmue and apending , Winter Park started bemm
llin~t Pleced apon atete and local govern- everyone else.
be nation. Wo~ af ~
Proponenta of the Tazpayers Bill of TANOR
- built at the base of the ati m~
Ri~ta, n TAHOR, t6ought We nert day A f~iD It's the fust phase of a mas: '
waLl~ paher ~ a perlod of smaller gov-
UixPa er ov~t and velopmeot that evmWally Ai
~e~ent, ter -/~i 1,454 rnndos - more than nc
~ y
economic boom. Oppocents, 6owever, in the whole county - Plus
41
ought TABOR would programs cripple and goveru- hinder square feet of slopeside basin
ent, sllow a small group to veto ~ 119,000 square feet oE cew
growth - as gavem- buildings.
' At a time whm competito
ment would be un- \ as Vail, Breckenridge, ReysG
:
frastructure able W provide for in aeeds. - ,i Copper Mountain ali are tr
' ditch But five years later, nesa, Winter Park is~try~iog t
the jury is etill out oo itself more like them.
TABOR's rPSUlts. ,
' al "ll o
' In the fall of 1992 Push out the free kiog fo
- the American elec- 3 ' ~~e ~y ~ ~ ~
:
~ torate. was worried ~ who can a[tord crondos fot $18
~ $800,000. And try hard to pre\ p~ about the national I area workeis from living ix
bad brllo peopie t6ey aesve.
E'rado deficit and debt, both
oned during the prnvi- It dcesn't 6ave to be thi
years. T6e petception of outof- When Winter Part first starte
rol8ovetnment weighed heavil9 uP~ ing about a baae develapme
voterc. EYren thoagh Colorado'e e ' slopes were filled ~vith hope
iaed.state and locel taz burden was ,
-A was the last major Colorado
na
the nationaJ_ average, wit6 6igh sorl rcithout a mountainside
e~ aod low sTate tazn. state vot•
mW cept that would 7", BY ~vlth e blaolc alate,
' wme coWol over goverament, - ~ •
P
at the state and local levels. mistates and bail~d a trae
ment
cearly 1,700 words in TABOR, A lot of people were
$etaate eeized on the 62-word pro- Wmter Put
~ that requires v~er appmval prior c~g~ jp local actusry Property values. p~oal iacome, soared by 32 percent, ~ munici alities and s ial districts. I° a° aa °f atl the r~m R
tari~ rew taz tax ra4e is-avase. ezten- ia s.':3tion. esisti+!o xvgtrictions on gov- ..,_~gs.~ ~iL. !L~ ~:ia:a: aeersge of t3 ,-i.; : a ageeed tc exceed the H.:§had a hm familv etmoeQheee. F
aD9 ~plrinq taz or a change in ~t spending wuld only be changed perc~t. In per capita terms. Colorado gefore TABOR, Iceal governmenta coald k~em°d' learned t f
}e~ , cy Wet mults in a cet taz reve- Dy the voters. state government tazes roae by 23.7 per- automatically raiae their property taz
n This provision alone was a Colorado's boomSng economy had fuel- ~t, compared with the nati~al gain of ~l levies when ass~sed valuea declined. If you ever werc a grade,s !
. o~oept.ffoday, Colorado's poUti- -edgUte and local governmeut coffers. 21.5 percent. Wheo adjusted for infladon. Now they must go W the voters W in- ••Eskimo" on the Winter Par
woold ~t6usiastically Using the latest nati~al statistics, Colo- ~lorado's per capita taz growth nte of ~1 levies. at tbe ~irao~tw s~fafowd
med ~FF
' the r~tion of t6is provision - rado's atate government taa teceipts 5.2 percent was less than ffie nationai in-
'1[ rot of TABOR were eliminated. grew by cearly 37 percent between 1892 crease of 8.6 percent. In 1896, per capita. During the past four years, property i~PP~ ~~O~'• ~ a cevi~a ~
ould rot be f~ case Eor officials in aod 1996. Na~onatly, state government ~e,y ~~~tion atood at =1,561 values have soared. Moreover, property ~.bk Mu7 Jane rm, t
of the comtry wLo have not lived tax copections inee by 26 percent Colora- and ~lorado's totaled $1,261. . taz revenue, which gces to local gove~n- b~P'~ 0°
the TABOR reat[~ictiomJ do's populati~ grew by 10 pement and or Sta~linB W87, tLen Wi~
ments, will increase faster in 1998 than
ImPurtant Wan requlrlnB elec- the mtiona? growt6 rale was 4 percenl Since 1993 many local governments in anY Year since 1985, due W gtowth and P~bl9 n a~al Plaa taR :
tu iocreases, TABOR liwted Colorado's intlati~ rate of neuly 18 per- Colorado have eapenenced surpluses and voter-approved taz ncreases. The state But the ~developmer
spending ta changes in cmt for the period greatly ezceeded the have aslced thefr voters to allow them to governmeat, Lowever, did not face a TA- make Winter Put more geoerk
plao popy?etiw. Local gmero- oatlonal rate o[ leas than 12 percent. Col- aceed the revenue and ependiog limits. Front Range da7-triPP- -
wae rnhicted W popolation plas orado'e ernnomic Powth, as defined by In the large majmity ot cases, especially Pleese see JACOBS on 21 bactbooe of the rau?t'a hminc
the mat natloabk chan8e_w
the eventual• loss of
p-king That's
WHO'S FEELING THE PINCH ~~~f~~~~
ter Park stde. (Parktng at
vvttl remain freeJ. _
In pLce of hee park:
' ~ • • HIGHER ED condos aith lotty priceL A
fioanciai aheeta distdbut
i " real estate agmta, the i
¦ JOHN MUMMA: UEAN DAMON: ¦ JOHN BUECNNER: ¦ PAUL GRATTET: cost tszs co $soo per.qu
sonie cases. cnees r.ive
Iast year's muket rate toT
- Colorado is giv- put of 176 dis- As the Echo Many cities and rY cood~, rea? estate a8e
ing bargain li- Boom increases counties 6ave ~a~8 ~~k Pn(
censes awa to ` tricts in the y state, an esti- Colorado cam- ~ escaped the TA- Ieast two b1g chaogm. F•
oat-o:f-state themake "Colorado's F
mated 100 pus enroil- BOR pinc6 by Y
6unters because Reaort" lese atfordable
rnuldn't acce t meats, nniversi- asking and re-
TABOR quirks ~ p tnticiofficials ceivin voter ~ ~Q10°t e°°y°0~0
" limit its ability the perfor- ermission to 1° ~e.~ ~
' mance bonus a Pate a P s6ould a dty-0wned rac
to charge rea- ' Gov. Rog Ra bind. Theq can't retain sur- ~ =400 ~,~~,.fc
~ sonable fees. ~ ` mer ro osed admit all the pluses. But TA-
A d d i t i o n a 1 ~8~ of l~~ students who BOR's one-size- By chasing money, W
• ~ funds could be ~ ~0~ ~ ~ '
to main- TABOR limits. want to attend, fits-all ap- ~l~;
used
umma Damon Dean Damon, Buechner and who they Grattet proach in- p~m m~ gbost to,
,
~ tain g8II1e berds who is heading the Schoot Finance could accom- creases costs and keeps govern- Wp~ ~~~high tt
~Irough speading on 6abitat and project, talks about how R-12 modate, because TABOR won't let ment from working weli. /2j worker can aHord W ve
ts of way, but the atate caa't schools are dealing with the lim- them make t6at much money. [or oDe, recagniaed tLls :
ord to let the Division of Wild- its./2J T6ey're going to have to turn stu- •
. e collect as much money as it problem and ep~t mightil ~
d dents away to staq wit6in arbi- Dollding a smae of mmmi
tr'arY Bi'owt6 limits./2.T At first, Winter Park wi~
to build 75 worker apartt
the resort baee. But soon a
to $800,000, the resort
`
~TABOR: The torch of freedom lights up Colorado ~d~ ~
town ofGcials to cat a ne%
Bf Holdsn system has two parts, ta61y ?arger. Aa government ezpands, it produM, hom 18 percent to 33 perceat of f~ w°~~ ~bl neigbb(
ABOA's torch of Ereedom buc~ mterprlae - the pri- consumes more wealth, leaving a amaller the economy. Mathematical analysis of p$ a resu?t, aki employ.
brightly. Ita scated mission is W vate sector - and enterpriae secWr to produce less wealth. the economy's demonstrated perfor- forced to commnte to v
~ alow goveroment growth through govP*nment. That's w6y too-large govemment reduces mance for those 35 years s6owed it would homes miles down the val
+ tai and spendiug limitation. T6e job of enter- output and produMivity, diminishiog citi- work well at 17 percent government. No- like rtwst other traE6c jau
ayer Bill Of Rig6ts author poug- prise is to create zens' standards ot living• bel laureate economist Dr. Mi1Wn bYied- rado resorfs.
k~ce asked me after TABOR's suc. wealth - anything As government grows, tazes and regu- man disagreed, sayinB all his studies of Forhmately, tLue still
1982 elx4on, "How does it feel W that has value, that lations become mare oppressive, incen, capitalist economies showed goveroment save aome oE Winter Puk
li~i the fmst state in the nation?„ people are willing ta tives diatinish end budnesses slow, fail or need be no morn than 10 percent (curious- kind feel. Hard work, ec
%,0ouglit back to our eazlier TABOR work for and pay for. are not created. Governmenfs can pe eo_ ly, today's state and iocal governments and love of the aport let
AiMaozion with John Mdrews, then presi. The job of govem- abting rat6er than diaabling, encouragipq alone are over 12 percent). With P6cenia ~ve for decadea in the i
j de~' yf the I¢dlpendence Irotitute, lean- Holden meot is to creste a rather t6an d~scouraBinB, in both tazation or Fnedman, govemment can be cut by ter-funded competltian.
iog_INCt in hls chair, hantls pepind his climate of creatiog wealt6 - get the bar- and laws. TABOR helps make it Lappen, one-half or two-thirds. TABOR oNy slows Colorado's favorite ak
he@4'eaying. "I can 6ardly wait W live in rieis out of the way. But govemment is a '~g~ tiig should government be?" was Bo`rei'°ment B~'O~. serves better than to becor
Cpksado atter thia passes." net consumer of wealth. aoalyzed in my book, "T6e Phoenia P6e- My book "Total Power of One" in the rest•
w government growth? How Govemment is absolutely necessary. nomenun•" F?'um 1948 tn 1982, govem- rom~t spmd- Menc oan.acnc'e caumn nn:
d~'~aloa ~e here? Bat wit6 our lobbying, legislative and po- ment apendiog nesrl9 doabled as a per- pmerica found Wtal gove Perspscm~a, Tussosya sna 7
-'Tid ~le of governm~t/is elusive. Uur litical pmaess, govemment grows icevi- cent-of total output, gross uational ~ Please see HOLDEN on 2J an0 n1° V408t
.
ricaa`
_ y THE DENVER POST A B C D E Sunda , March 29, 1992
Life is better . . ~
)
with limits
HOLDEN from Page 1J Wildl. ~fe caught in a trap Dueling
ing at the start of the ceotury to be 8 per- BY Jahn Mumma all wildlife, including t6e growin number 6asn't one u ~
s a g B p in Cpl~ ad~ since 1990. rules hur~
cent - 5 percent state and local, 3 per• olorado's wildlife, one of the of P~ies that ppear 6eaded for the fed- Nonresident hunters a oN =250 for an ~
cent federal. As we near the end of t6e state's most important economic, eral t6reatened or endangered list. IYs a elk license in Colorado, while the average
century, government 6as grown four aesthetic and recreational re- P°tentlally tatal trap for many species. price in other westem states is $950. Schools
times to 32 percent, one-third of the Csources, is in a vise t6at is The shortfall in funding is increasingiy Last month, a bill was introduced in We ihS+i'
economy. squeezing the life feom it. apparnnt to a wide range of constitueat Legislature t6at would allow tbe division -~uf+• :
But in Colorado, TABOA is shitting in- In the 1990s, Colorado 6as been one of Broups. Organizations lilce the Sierra Clyb to inerease t6e price of deer and.elk li- By Deen Damon ~A ;rtm'
creasing hundreds of millions of dollars t6e fastest growing states, and the steady and Denver Audubon regularly urge the censes. In particular, nonresidenf fees rea dil a ~
into the private economy for investment encroac6ment into once-undeveloped Division to devote more time and money would be brought to parity witp the aver- T y~d ~
and cash flow, away fram being dead lands is leaving na- to t6e protection of threatened and endan- _ age fee c6arged in ot6er Western gtates. ltcle about the TABOR e~
mone m tpe s ndin menYs impact on Colofadu'
y' pe g grave of swollen tive species such as Bere, d species. They are increasingly being But the fee increase is in jeopardy, in psrt school finance because Y bE~
and wasteful government. TABOR un- mule deer, cutthroat ]omed by groups such as water providers. because of concerns that these revenues lieve the factual, public disci~lop
leashed the human spirit in Colorado. trout and prairie fal- T6ese seemingly wlikely allies on wildlife woutd push t6e state over t6e TABOR lim- of critical poGcy iasues is imQo
People worked 6arder, raised capital and rnns with less habitat. issues recognize that the best way to avoid it and fome a refund of ot6er revenue to t6e success of our demo0'ettt
put their savings at risk in entreprenreur- ~ At the same time, the entanglements of the federal Endan- needed to pay for roads and schools. process. As a
sttip and business creation. People and the Colorado Division Bered Species Act is for the state to take The division 6as been challeoged by member the
rnmpanies moved to Colorado, "the freest of Wildlife, responsi- the lead an rewvering species that appear ~g(glative leaders to operate more like a "public
state in the nation." T68t's why TABOR ble for managing the 6eaded for endangered status. business. To do so, t6e agency needs to be ` tion esta
works and positive effects ebound. state's 700 wildlife T6ere are already examples of how in- able to charge 6unters and anglers a rea- ment," Ilmew I
A Full newspaper could not 6old all t6e species, has a budget tense recovery efforts can work. Success sonable price for hunting and fis6ing li- rt would lik
bright headlines, stories, accolades and almost entirely de- stories include the greenback cutthroat censes. Even t6ough these are user fees perceiveA, J&AW
honors heaped on Colorado since TA- Mumma pendent on 6unters trout, wood frog, peregrine falcon and riv- and not taaes, increasing them to pay for ased. So,-.
BOR's effective date, Dec. 31, 1992. They and anglers who buy hunting and tishing li- er otter - all species broug6t back from wildtife management is cromplicated by cided to;
include impressive population growth, censes. Since'the division receives no state endangered status through division-led re- the fact t6at the money they generate is non•educ
continuing records in job creation and tax mo~y, the current leveling off of hunt- covery efforts. And t6e divisioa is already subject to the TABOR restrictions. friend
plummeting unemployment, strides in ing and fishing license sales means less taking the lead on the recovery of other Removing user fees from the TABOR Demon gege ~ ~°~e
housing construction and commercial de- money for wildlife management at a time species including Fyna, wolverine, Preble's restrictions wouid allow for the natural act.ion p•
velopment, record personal income, a when the need has never been greater. meadow jumping mouse, bareal toad and resource management we need if wildlife search" to get an unbiased, m~~Rl
mushrooming service economy and con- Further complicating t6e issue is the a number of native fish whose numbers is to t6rive aad even survive in Colorado. the-street viewpoint. f ;
tinuing awards for t6e best state for this, Taapayers' Bill of Rights, approved by have declined precipitously over the past This would allow the division to raise li- He agreed to enswer numereue
that or something else. Colorado volers in 1992. TABOR was de- two decades. cense non-resident license fees W parity questions and read and study some
Record employment and new jobs hit signed to restrict t6e growt6 of taxes and White the division is working to find wlth ot6er Westem states, And it would news clips about school finano.
headlines every month, while inflation government spending from the state's new, innovative funding sources for its aliow increased opportuqiGes to seek al- First, the baseline. "Are you na(}; or
rates recede. State cafiers grow to pro- general fund, which pays for most state work to protect native wildlife species tecnative funding to paq for efforts to pre- have you ever been, a mepnppl','tli
duce major annual surpluses. activities. But TABOR a?so puts the and their habitats, the majority of funding vent species from reaching threatened or the educational establis6med?'W00
Gov. Romer, warning of economic Ar- squeeze on agencies like the division that currently comes from two sources: non- endangered category. "PIo;" he answered.
mageddon wit6 passage of TABOR, said are funded entirely wit6 user fees. resident hunting licenses and lottery mon- T6e alternative may well be fewer spe- "Great!" Nert question.
Colorado borders would have to be posted Even though most of the Division of ey tArough the Great Outdoors Colorado cies, less abundant wildlife, fewer opportu- ~e TABOR Amendment?" ~ J~
"Colorado is closed for business." lnter- Wildlife's revenues come from license program approved by voters in 1992. nities for hunting and fishing and a loss of "It 6as somet6ing to do wiW44,
estingly, this same Romer, and Colorado, sales rather than state taaes, these license Nonresident deer and elk license fees the economiC, recreatioqal and aevfbetic maybe on the TABOR ~Cc~ri&
were named by a CATO Institute stud fees are lum ~9
Y ped in wit6 general tax reve- also provide most of t6e Eunding for more values associated with a healthy wildlife downtown," he replies. 10 r`
one of the top tive well-managed states. nue in the calcuiation of 6ow much reve- traditional game programs such as eik resource. Ultimately all Coloradans, from Neat question. "W6at is tliepa~
Post-TABOR, this take-charge govemor nue the state can generate eac6 year. This and trout management. And t6e long-term Westem Slope busincss owceis end 6unters lagher Amendment?" 'M'
began a°smart growth" initiative to cope means that user fees like hunting and fis6- funding outlaok for these programs is not to Fy'ont Range hikers aqd wildlife watch- Doesn't that law allow tye;'
with the grawth. ing licenses cannot be increased without good either. In Colorado, the price of all ers could find that the abundant, diverse to paint green lines on the st-4or
Is it all a cosmic accident, coincidence jeopardizing other public sector programs hunting and flshing licenses is set by law wildlife we prize has slipped away. St. Patrick's Day?" he asks.
or good luck - or TABOR? funded with general taa revenue. The re- and can oNy be c6anged by t6e Legisla- Jonn Mumme ia me anector or me coio.ado ww- I give him clips from t6e?af'
Why not apply TABOR principles of sult is less money for the management of ture. T6e price of deer and elk licenses sion or wnai+re. t6ree months of Denver papeMs. sb '
limits on government to the nation? 6e can understand the differeiif'ii1=
Colorado can serve as a beacon to s6ow TABOR too broad a brush terests that eaist in the area'BY
that federal govemment similarly needs school funding. When we i$et
to be put an an allowance. Since the Viet- again, he is eacited. "This is cotii'jt=
nam War, the federal government 6as cated; ' he saysI have lots o[ qiies,
grown l i4 percent per year above and be- By Paul M. Grattet '
yond an economica?ly defensible rowth TABOR is so poor there 6ave been numer- not facilitate gaod long-range fiscal man- tions!Like some callers to falk i~'
rate of intlation plus populatioa g H L. Mencken wrote, "There is ous and iikely will be more disputes over agement. Ironically, while property taa dio, he 6as more comments'tliiei
always an easy solution to ev- ballot wording and definitions of terms of- will go over t6e limit, total revenues for questions. I let him rant.
I've long recommended that the Ameri- ery problem - neat, plausible, ten different than commonly used. For ea- 1998 probably'will not. "First, it looks like we're CigM'y~'ig"
can people limit federal government and wrong." ample, the definition oE "enterprise" is ? Emergency reserve - TABOR re- ourselves. Everyone knows weltave
gmwt6 to no morn than 1 percent a year Even if one accepts the notion that different than the accepted term °enter_ quires aettipg aside public funds in an same problems with our s6601d;
- The One Percent Solution" - to van- some revenue or spending limita are P~ fund" used by municipalities. Anot6- emergency reserve t6at is practically use- Colorado has fallen to 49th out bt ~
quish our =5.1 trillion public debt in 14 necessary, the broad- er QzamPle of confusion is created by the less because bf t6e narrow definition of in Per-pupil aupport for educetlW
years or less, while solidly cutting taaes. brush approach em- awkward definition of "fiscal year apend- emergency. Cities must now have two or we need new buildings; we n4pd M:
If we also eaact a national retail sales taa bodied in the TaxPey_ ing." pn eaclusion is "colleotions for an- mare emergency funds to cuver situatious fiz up old ooes; and some kids d?Ai't
to replace t6e federat incbme taa and ers Bill of Rights is ot6er govemment" but that term is not not allowed as emergenciea under TA- do so well on aome new test. ilhd
IRS, we will have performed a patriotic tpe wrong way to ac- defined and could easily have different in- gpR. For e:ample, la a community large- eOQe saY not to Bive echoois ihoit*
act of tremendous servlce to upcoming ~ complis6 t6at objec- ~~'PretaGons. Iy depeodmfon saies taz, a revenue ehort- ~neY ~til ~~'es Bo u even' 4(
aenerations. p,
tive. An unfortnnate omission is no mention fa~l is ,real "U'Bency t6et rnuld atfect theY a+'e taking test.9 in tbe raLY fi-
T6e forces mat so tieraiy foueLt TA-
BoR are flourishing by ic It t6e people T6e torco~ rffect- of '•intergovernmental aigreemena,•• a dty's ability to maintain vltal services.
yrena tum and do not snuff out the TABOR i°s the budgete of wmcil otten iovolve one 6ovwment ay- ~+ther, if e city did declare au emelgEO- me, tLat k1pU
torch, the progress thus far will prove ta state, xhoot d?e~ricu, ing ma,~,u~,. ,ror .,e,.vfce, ~.oliaate~tor cy and spend au of ia reserve, t6is would ic is t6e problem, not test scurv
have been only a bright beginning. and local jurisdictions etficiency or better service. If both gov- have to be replaced in the nezt fiscal year I ask Itim if he got anything '
Gr tte are very different, ernments count as fiscal-year spending possibly causing a major budget problem out of the atticles. "What I~~;
freO Holden Is an Intlependenl pudlc policy ape- a(1~ evn among local gavernmentsthe the amounts disbursed since they are dif- or curiailment of vital local services, dodt get is that they say we clla e~My ,
cialist, professlonal apeaker antl author fiscal environment can be very differnnt. ferent "districts," it results in double- ? Multi-year financial obligadona -$Peod a certain amount baseb"U!i
To think t6at go'vernment spending is only counting t6e spending for one purpose just The restriction on multi-year financial ob- Bt'owth e°d inflation. Now; we 87q*
we sit affected by growt6 and inflation is sim- ~ause it passes t6rough the baoks of two ligations again limits the aut6ority of lo- more people, kids, more taa rev'ei9qe :
How
plistic. different "districts." cal elected officials to make long-term cominH in• Yet, we haven't kept'&q.
While the impacts of TABOR have not v Eroaion ot home rule powers - agreements in the best interests of the lo- $chools' funding up with inflAtiArrlA' ,
5 years later been sudden or drastic, t6ey ere signifi- TABOR has placed arbitrary limits on cal community. Setting aside a irrevoca- almost a decade or put any fwtt1'~
cant. The impacts I have been able to revenue and spending, effectively reduc- ble reserve for such obligations is an un- ~to building or maintaining schdorg
identify are as Iollows: ing the ability of elected representatives necessary and unwise use of public funds. tAat can serve all these new kidd;<Z •
? Increased accounting expense - to make decisions based on local factors Multi-year obligations funded wit6 stable "T6at sounds crazy to me! Part W
JACOBS trom Page 1J Determining compliance with revenue and needs. It is not unusual to 6ave spikes and reliable income is prudent and safe it'3 like me not getting a rnst-obli'v'
BOR surplus until ?ast fall when the Gen- and spending limits requires co(lecting in revenue or spending that wouid exceed practice. ing increase at work; doesn't
eral Assembly approved income taa cred- and reporting financial information in a the limits while revenue and spending In summary, TABOR is an arbitrary, fair." He went on. 'But, w6at it~is ~
it rnfunds. Colorado's very strong econo- different manner than was done previous- growt6 averaged over a period of several unnecessary intrusion on local gover- down ta is a question of pfiorltiZs,
ly. T6e expense of this additional work is years would be within limits. nance. It is increasing the over6ead costs what is important to people:p ~
my has resulted in large gains to its difficult to tabulate but is significaht. For ezample, the City of Greeley of govemment witile putting limits an rev- "That's why it gets so comptlcalr:
inrnme taz base. State TABOR surpluses ? Increased coat of eleotfons or growth in ProPerty tax revenue 6as aver- enue that can onlY result in reducing the ed;' I eaplain. "Sorting all this.ep{•
are projected to rnntinue and to total at is what our le' i
t6e neat five years. making refunds of excess revenue - aged about 4 percent to 5 percent since quality and level of services tha makes tde
t should
least =1.5 billion for 7ob of B?$1e:The Legislature may ask voters to allow Holding an election to allow ezcess reve- 1992, t6e last time the tax rate was in- ~ determined by the elected representa- t°rs so c6allenging."
t6e state to spend some af t6is surplus in nues to be retained is an added cost to lo- creased, but in 1998 it is likely t6at there t1°~ °f the community as t6ey deem ap- "But what are they going 'te 'di '
speclfied areas, such as mads, higher edu- cal govemment. Likewise, there is an add- will be eacess property taa revenue be- Propriate and w6o are accountable to la about the impact on my schoo( pBi'
cation and sc6aol capital construction. ed cost of making refunds. The ezcess cause of a big jump in property values due cal voters. everyone's kids?"
So what has been the impact of TA- revenue could be a small amount, per6aps largely to revaluation, whic6 occurs every A one-size-fits-all approach is oNy ap- a'ell," I tell him, "I think°ypy :
BOR? The average citizen, apoarentlv. °e°less~t_han the cost of an election or two years. If the ¢rowth in revenuP w~. PealinR tp those who dn nnt want onve,,,_ arn on to the real issue. It has maior
- Y
' averagea over several years, the limits ment to work well so they can say "I told impllcations for Colorado.. Bub, bf ~
ituuks [ue state has too much money. ? xtj
State policy makets, though, have some Increased coat o1 litigation over would not be eaceeded. Measuring reve- 3'0° 50we stick just to your school, I tAS
concerns. TABOR prevents the General interpretation - Because the wording of nue growth on a year-to-year basis dces reui M. cranec is ciry manaqer of Greeiey. it will be easier to understaqd:'--'1• • I
Assembly from changing its own limit of 'As you said, funding has not ke~f '
6 percent growth for general fund spend- up with the cost of hYing. Becauec+of'
ing without a statewide vote. This limita- this, schools have lost over E500~i'n
tion allows ezcess general fund revenue, ons raints require innovation purchasing power for each studetrt's
above the 6 educatlon since 1989. Let's say t~i~e'
percent limit, ta be spent on gy John C. Buechner are500 kids in your school. If it'he7J •
capital development projects, such as and vision for Colorado's future. cation and transportation needs constitute not lost this purchasing power, yaur
higher education building, prisons and s a former member of the Colo- HB 1256 seeks voter approval to set the basic investments we must make so scnool would have another t25;e06
highways, but not for operating eapenses, Amakers rado House of Representatives, I aside 5180 million per year in TABOR sur- that we may continue to offer Colorado t4is year to spend on the kids'e~iira~
such as sc6ool finance or corrections understand the difficulties taw- pluses in a capital construction trust fund. citizens wel!-maintained schools and safe tion possibly enoug6 to addlorle
statfing. face in balancing public The fund wou[d be divided equally among 6ighways. Further, these are deep invest- more teacher."
Nothing, 6owever, prevents the Gener- interests with fiscal responsibility. The higher education, K-12 and transportation ments we can and shauld make now, while "Man," my friend exclsims''
al Assembly from referring any such TABOR Amendment 6as made maintain- projects, with the remaining surplus to be Colorado's economy is robust. "there are 50 schools in my distridf~'
c6ange on the ballot. Another issue con- ing that balance doubly difficult. refunded ta the voters - a combination of Before any agency asks for more sup- This means $1.25 million lesm foi
cerns the composition of revenue. T6e Under the current provisions of TA- investment and refund that makes good port, every citiun has the right W ezpect our kids!"
TABOR speoding limit includes not oNy BOR, for instance, there is the possibility sense. Colorado's investment in higher ed- government and educational institutions to "Md," I remind him, "don't' ~
taz revenue, but also tuition, charges and that in the future the University of Colora- ucation is perhaps best reflected in the tighten their belts - to keep administra- get the 1,300 other schools through-
fees collected by t6e state. If higher edu- do might have to limit t6e enrollment of ~861y skilled workforce found in Coiorado tive costs down. In t6is spirit, the Universi- out Colorado." '
cation enrollments were to rapidly ex- students - something that gces against companies, as well as in other businesses ty of Colorado is undergoing an adminis- "Darn! We have more kids need-
pand, t6e state would be forced to either the historic mission of public universities. t6at want to locate in Colorado. trative streamlining process to support our ing to leam, we have more revenue
cap enrollments or reduce spending in ~ While room for stu- Colorado's public higAer education sys- Total Learning Environment initiative. because of a strong economy, i;,t
ot6er areas. Again, notlilng prevents mod- dents would be avail• tem currently serves over 290 000 stu- At the same time, Colorado higher edw we can't use it for the schools: •1Vhy
ifications to TABOR from being placed , able, under TABOR dents. New resident student enrollment cation institu4ons are being equa0y inoa aren't the legislatars doing anhj~
oa t6e ballot. limits, we would po- has grown by 17 percent since 1988 and is vative in approac4es t yf
o providing quality aDout it?"
What will be more interestiug is when tentially be unable to eapected to increase by an additional 20 education. Recently, I met with the presi- "Well, the Gallagher Amendmeqj
fhe "r" word - recession - returns to accept t6eir tuitioa percent by 2005, with the majority of stu- dents af Colorado State Univeisity, the reduces ta:es on residential prpper•
Colorado's vocabulary. W1th a potential In addition to bal- dents comiag from Colorado high scAools. University of Denver, the Colorado School ty that have been the mainstay, a •
populaUon decrease and lower inflation, ancing fiscal con- To provide students wit6 the quality higher of Mines and the University of Northem funding at the ¢e.
Colarado govemments would 6ave to low district level. At~
- straint and public ac- education they expect from Colorado's col- Colorado to discuss mutual concerns state level, TABOR is tying legWa-
er their overall spending levels. At the c o u n t a b i 1 i t y, leges and universities, additional funding is about combined statewide academic and tors' 6ands so it's harder for the~ to.
same time, revenue would decline. If this lawmakers 6ave also needed to accommodate this growth. research libraries - a resource t6at must keep schools funded adequately,~,;.
scenario were to take place, govemments worked dilige¢Uy to Over the next five years, state funds for be made available for students, citizop~, "So," observed my friend, ,:.il -
woWd have to either cut programs or go to BueChner maintain their com- higher education capital construction and state and Iocal govemment. t6ese amendments are bum i
P ~~1=
eir voters to request additional funds. mitment to t6e needs of hig6er education, needs are projected to be approzimately As the Legislature continues to seek en to each other and 6urting sc"
State and local govemments 6ave not K-12 and highways. To t6e equatioq, a new E600 million. This total reflects the need equitable way W manage the TABOR sur- and kids! Right? It dcesn't mat{er
~ ms~m` I'er as a reault of TABOR. ~venu e sunt has now been added: state to ensure that nezt-generation technology pluses, 6igher education will continue to that the state is taking in more, {;ey .
wyera have become busi- rPluses that are ezpected to to- is available for students entering t6e suppurt measures like $B 1256 that invest enue;' he concluded. "In ordga},Yo'
er. (Isn't t6at always the case?) Voters ta1 $2.1 billion over the nert ajz years. workfome and that new classrooms are in our educational insfltutions and hig6- c6ange the situation, we nee{t.40
have been consulted more - at the local In my view, the I.egislature has come constructed. Also, an additional $400 mil- ways, wttile still maintaining TABOR's have a vote of t6e peaple beoe~se
level. But after five years, the jury is still forward wit6 a bold and provacaUve new lion is needed Eor controlled maintenance compact wit6 Colorado tazpayers, q~6ile it's the Colorado Constitutiou tbaG
out as to the impact o[ TABOR. Until Col- idea to solve a difficult problem: Rep. projects suc6 as repairing roofs, heating TABOR might limit speoding today, it alyo has to change, not a Iaw t6qt~.*orado goes through a fWl economic cycle Norma Anderson's House Bill 1256. This and cooling systems, and updating hea1W unwittingly limits our state's efforts -LeBislature can c6ange."
(growth/recession), the full implications bil1 proposes to retutn revenue,y to taxpeY_ and life safety systems for fire and con- througb investment of revenues in educa- We agree to meet again! of TABOR will be ineomplete. ers and invest revenues in a capital con- tamination prevention. These funds will tion and transportation - to ensure eco- peen F. Damon, en e0ucatw wHh 22 "
James JacoDa la the drector of reaeareh for the struction trust fund far highways, K-12 and be uaed to restore Colorado's educational nomic prosperity tomotruw. or ezoener~ce in eanunistration in ~
oa«.ao vudic ~peneiwre councu, a rwn•p,ont, ~Bher education. I believe it represents e foundation, not for operating costs, es mve~se as ewia.r, oemer ana Be' '
nm-psrosan roesercti proup met naa blisneo th0ug6tful b8lance of publiC aCCppptabjllt Jonn Buechner is me preswent ot tne Unhreraity ot Is tllreeta ot me Cokraeo gdqW.Fl~.
aONctlrs pudk polky ~n~yMy skxs ~ePs Y Far from a"wis6 list; ' the state's edu- caoraeo P,ojW m per,ve,.
5 ¦ ~
BEN ALEXANDER Senate Chamber COMMITTEES:
State Senator State of Colorado Chairman of:
P.O. Box 1285 Denver Education
Montrose, Colorado 81402 Member of:
Capitol: (303) 866-4884
Home: (970) 249-3211 Business Affairs -
and Labor
Toll Free: 1-800-327-9567 Finance
e:mail: senator60aol.com
March 23, 1998
Mayor Robert E. Ford
75 S. Frontage Rd.
Vail Co. 81657
Dear Mayor Ford and the Vail Town Council :
Thank you for taking the time to inform me of your thoughts regarding House Bill 1200.
I will take into consideration your comments and concerns as I make my decision on this
bill.
Furthermore, I wish to extend my thanks to you for taking the time out of your schedule
to further your participation in our states political process.
Sincerely,
Senator Ben Alexander
~ rec yc%d paper
TOM NORTON Senate Chamber Room 257
1204 50th Avenue State of Colorado State Capitol Building
Greeley, Colorado 80634 Denver, Colorado 80203
Denver (303) 866-3342
President of the Senate
March 16, 1998
Town of Vail
attn: Mayor Robert E. Ford
75 South Frontage Road
Vail, CO 81657
Dear Mayor Ford:
Thank you for your fax regarding support for House Bill 1200 - Local Marketing
Districts.
The bill is tentatively scheduled to be heard on second readings before the full Senate on
Friday, March 20. When the bill does come for a vote, I will certainly keep your
comments and thoughts in mind.
I appreciate you sharing your views on this bill with me. If you have any further
concerns, please do not hesitate to contact my office.
Sincerely,
l~
Tom Norton
TN/nee
Town of Vall
Sales Tax Worksheet
3l30/98 ~
x cnenge x cnenye
rssa
vaaget hom nom
Month
1887
1988
1888
1890
1881
• .
1982 1883 1984 1995 1996 1997 Budget CplJecflpni yarlsnce 1997
:•::w,;;::~ • •
.
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~...:.,~,:<;::r::%:is::/,;:•;nr . . :..:.,7.::::..<•:.~::,l.li. . . :•r:.:.;~.;..•:.:r:•:••:••::...;:: B
s::Sx.... ../r.1..x.n l,..x r! . ..~J.. udgW
:...,r:•.~~, ..:.+.•..::.+..;,;,,.:~~:.>::::•::•:s:~~,:r.;•~:,,::::.::: ~
......:.....:.<:<.x•;:~:,:.~•.:::............:.....t..: ...::,.,~,,.f:;+..,:: ~:r•,... f:a:.:.~..; . . .
. .....r . . ~...r,... . , . .~::.J~'';.~':.;:~ ,
. . ..............r,.... . .3.'..rf..,,t..J/... . . . . . . . . . l.,.~•~~:+;: '
N..,. . , . . +::'.:,r•~ ; .s,:
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. . . . . . . . . ~.;f•.~ .
, . ...a...r . . . . ~
. .~i.', . . . ~ ,r....,.... t : .,.u+::•:••:~,::x•;:•:~:.:..•:
.......r.. . r.................~~... .~..J...,. .s....f. . . ~~.r, ,
. '
. . . . ...r ~ . . ..r. . . ! . f. ..:>,':3:::
. . . , f........ r.... f.,. !
. . . . . . . . . . . . . F. ~ . ! '•:<•'i:;:
. ..r......~...... ..,..i.... r~,...,..... ~ l.n..
. . . .r......... . . ....t.... ~.1..' , . ».1,.., . . r<.'•:;:
. . . . ~
. . .r... . . . ...,.....1. :~ii:~.''~~':: %
. . . 1 . . J / ,r . .~.f...~.:
. . . . . ,f . . :•:».t•r.•:..... ,J s ~.f::::~;i
~ , , ,:'r..;,,.•::.. .,.:••....::::::v,;r.'•:: :t•::::~: ...t.........
.
. s . f........... . .
,.:ft:•:r . . .
~i. 1.::::
, ,::::::::s:s:.>:...::•:;:.::b:-:
r~::::,::::::: ....;...::•xs:::.
.::?.;::r; •::~..:!.':::;::i:;...:~i:;;:•::;;:;:y';:;:,:i:~::~;:r.~:•:;:~~~:.4~~:::%~;.:.:.:~:::::::-::::•;:::.r;>;s::...~::.::.::;..,~..;;,...:::::.
,::.........1.:;•r:................................... .r.•,•:::•:.,.~•:::~.......~,:.~:::.~:,:.::..............:+.;::..,y.~::.~,.
•
,
Janua 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 2,052,569 2,076,931 2,084,726 7,795 1.57% 0.38%
Februa 1,135,7861,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,121,757 2,113,594
::.~r;:: .
; •;::<•:::..;,;•.::.:.;:....:::..::•.::.;:<•;::.::.:.:::.>;:::
. (8,163) 1.14% -0.38 %
, . .
i:..:::::r':.::.u .::::::::::.:~::::.~:::iiiiiiiiiii:-i:v''iiiiiiiiii::?~iiiSii:~':i~:'iiii:'r'i::i:~:•:~: ~:i~i:~:•i:i:i::vi:•iiiii:_:•i:•i:::~':i:~::y{:;:yL::•ii:•
.
:y:::::::::.~:::::::::.~::::::::::::Y':ny-ryv:::.~ .
i
~i:•'F.ii$:i:~:~iii:~ii'+4'i'.:Y~'•'i±iY~i'~i~i:'i'iii:?::$?~~:ri;+~::iiii:{iiiii'Ji' i:::yi:i::Cii:~:~i:iSY~i
"F•~'> ~::::l~:•:•i:: ?:~+'i}:i::::::•:•'i'::Y i
x.<.,•::.::
:F:•j,::i:%:
~~~::r'k':k::~%'%::: .:f•:;i'y.::.;~:
. ~:.~:::::::::::::.v::.~ . u.:ii5}.:vvv............. .
............................................:........::u:::::::::::
:.:.::~:..u..:::::: :iii. ..:.....Y..::v: ai'1.:.!y,{::iv:~::.:i:ti'i :::l.::....
::v
. . . . r.4.... .
a:n:;•:>:.;.;.::;~: :c:::~• .
. .r..,.. . ..n... . c: :.,...:....::i:
. . . . .
. . r..... . :v::... ....:...~.v.~...... l L . . ...t~
~ i.... :...`A'............r ...N. H>}..:.. ~:v
.n....................... :y:::::::
r....... ~ :y::.~.~ ~v:::::::::..... ..........y::::: . .r~:.~ ~w: ~w:::!:::ii:: . . . . . .......r....l... . . i.l............
..................~.,r+,. :r:l.
...:n.......:...
.............y::tiil.:: .i:~:::: ::y:::.~:::::::::: :y::::i.~iii:
• ~..~::::::::::::3ii::~i::.iiiiii::.:~iiii:Liiiiiiiiiii:iii:'iii.
Total 2,198,982 2,331,597 3,027,156 3,294,973 3,450,434 3,490,222 3,684,130 3,620,202 3,710,704 3,929,171 4,142,242 4,198,688 4,198, e
<~::<:s:.;:<i<>~<:~:«=;:::>:~;;:z:s::»:~:~»::»:::»: 320 - a
368 1.35/ -p
. 0
~ . 1/
y:::::,:
~:v.;~. ~::::::.s~o::'.;.;::::. :a s:::s:::;;;>:>r: _::::~>s:•:::>:tor::s:•:;s:a:t.>::.:if::..s t.:.. t.:::>s ~::~»s:;:>:i:d:y:'.; y:+~:»:
. .
. .
:::.:::::::::s::o::y:. :
: ~::t:.>s:os:::t:~:.s>;5;>;:;:s::::r:'.'::::`. ~ . •.::..r:c;5:;;:i• .
, ~ : . .....,....a::::::::
March 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 2,550,992 2,614,841
A ril 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 881,575
Ma 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 328,723
June 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 642,504
Jul 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,060,879
Au ust 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,090,762
Se tember 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 642,504
October 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 478,142
November 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 717,214
December 1,245,6121,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,286,119
Total 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 14,747,419 14,941,951 4,198,320 -368
FOR IMMEDIATE RELEASE
March 30, 1998
Contact: Suzanne Silverthorn, 479-2115
Vail Tomorrow Communications Manager
Everybody's Welcome...
VAIL TOMORROW HOSTS "END OF SEASON" COMMUNITY MIXER, APRIL 14
(Vail)--Encouraged by the success of Vail Tomorrow's previous community mixers, the
Building Community Team will host an end-of-the-season mixer from 5:15 to 7:15 p.m. Tuesday,
April 14, at the Kaltenberg Castle Brewery in Lionshead. The gathering is intended to bring
together elected officials and their Vail-area constituents for informal conversation and
interaction. Anyone who cares about Vail is encouraged to attend.
The event, one of 40 strategic actions developed by the Vail Tomorrow process, is intended to
strengthen opportunities for community interaction. Previous gatherings sponsored by Vail
Tomorrow have brought together a lively gathering of constituents and elected officials from the
Vail Town Council, Vail Recreation District and the Eagle County School Board.
Topics of interest at the April 14 mixer will include remarks from Vail Mayor Rob Ford on the
Common Ground public involvement process and an update on the Lionshead Redevelopment
Master Plan.
A free round of appetizers will be provided, as well as a cash bar.
For more information, contact Suzanne Silverthorn of the Vail Tomorrow Building Community
Team at 479-2115.
# # #
P.O. Box 1015 • Vail, Colorado 81658 • 970-479-2451 • http://vail.netNail-Tomorrow
ADVISORY
4IL MEDIA
TOWN O75 South Frontage Road March 30, 1998
Yail, Colorado 81657 Contact: Suzanne Silverthorn, 479-2115
970-479-2100 Community Information Office
FAX 970-479-2157
FYI, for your calendars...
- Tuesday, March 31 " - .
Vail Village Contractors' Meeting
2 p.m. .
Vail Town Council Chambers
Contact: George Ruther, Senior Planner, 479-2145
Thursday, April 9
TOV Construction Community Forum (replaces annual construcfion kick-off)
11 a.m. to 2 p.m.
Community Development Department
Contact: Gary Goodell, Chief Building Official, 479-2321
Friday, April 10
TOV Construction Community Forum (replaces annual construction kick-off)
11 a.m. to 2 p.m.
Community Development Department
Contact: Gary Goodell, Chief Building Official, 479-2321
Monday, April 13
Free Parking Begins in the Vail Village and Lionshead Structures
Contact: Mike Rose, Transit and Parking Manager, 479-2349
Tuesday, April 14
Common Ground Public Uses & Siting Workshop
9 to 11 a.m.
Vail Cascade Hotel
Contact: Suzanne Silverthorn, Community Information Officer, 479-2115
Tuesday, April 14
Vail Community Mixer
5:15 to 7:15 p.m.
Kaltenberg Castle Brewery, Lionshead
Contact: Suzanne Silverthorn, Corrimunity Information Officer, 479-2115
Thursday, April 16
Common Ground Public Uses & Siting Workshop
5to7p.m.
Sonnenalp Bavaria Haus
Contact: Suzanne Silverthorn, Community Information Officer, 479-2115
Monday, April 20
TOV Spring Bus Service Begins
Contact: Mike Rose, Transit and Parking Manager, 479-2349
# # #
L~ RECYCLEDPAPBR
~
PLANNING AND ENVIRONMENTAL COMMISSION
March 23, 1998
Minutes
MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT:
Greg Moffet Gene Useiton Mike Mollica
Greg Amsden Ann Bishop Andy Knudtsen
Galen Aasland Dominic Mauriello
Diane Golden Christie Barton
John Schofield George Ruther
Judy Rodriguez
Public Hearing 2:00 p.m. .
The meeting was called to order by Greg Moffet at 2:00 p.m.
1. A request for a worksession on Stage 3 of the Lionshead Redevelopment Master Plan.
Stage 3 includes the rationale and desired outcomes, which establish the regulatory
framework for height, mass and density of buildings in the study area.
Planners: Mike Mollica/Dominic Mauriello
Consultants: Ethan Moore & David Kenyon (Design Workshop, Inc.)
Mayor Rob Ford stated his opinion on the Lionshead redevelopment process and encouraged the
PEC to not lose sight of the basics and the reason for the plan. He said the effort should be
focused on the mission statement to bring Lionshead back to a lively functioning part of Vail. He
said there will be more density in Lionshead to make it work. He stated that height, density and
mass were only a part of trying to create a vibrant village core that worked. He said that in
speaking to everyone about Vail, all love the ski mt., but criticize the villages. Rob said this
process would allow us to be competitive with other village cores. He stated it was a
disappointment to have lost facilities like the convention center and par 3 that went to Beaver
Creek and Eagle-Vail. He advised the PEC not to lose sight of the overall picture.
Mike Mollica gave an overview of the staff inemo and asked for any questions.
Galen Aasland asked about the building height analysis. He stated for the record that the PEC
did not ask for exact numbers, only ballpark numbers.
Dominic Mauriello went over the graphic on page 5 of the staff inemo. He said the accuracy of
the numbers should not be relied upon for development purposes, as the numbers were general
and since the information came from different sources. He explained the allowed GRFA was
according to the zoning requirements and the reason he lumped the 4 buildings together at the
bottom of the chart was because the Town had survey information on them as one site.
Plannuig and Environmental Commission
Minutes 1
March 23, 1998
~
Ethan Moore said he put the view corridors on the model. He said there were 5 preliminary view
corridors; 1.) The east end of the parking structure looking up the mountain; 2). From the
ground level of the parking structure at the west portal, looking through towards the gondola line
and up the mountain; 3). In front of the Bart & Yetis deck looking up the mountain, with the wide
expanse gone and becoming a true corridor; 4). From the central Lionshead plaza through the
VA core site, allowing a person walking to the center of Lionshead to have a visual connection to
the ski yard; and 5). From the north day !ot before going down the stairs. This would require the
building mass to step down allowing more Iight into the plaza. He defined a view corridor as
generally being the view towards the mountain.
Diane Golden asked Dave Corbin if VA was ok with the view corridors.
Dave Corbin said, yes. He said that the popcorn wagon view was on private property, but they
would honor it on principle.
Ethan Moore said the height of the building in a view corridor might be restricted, depending on
the base point of the view. He said with 5-stories built to the south of it, the Landmark
Townhomes woufd have all views blocked and he then explained which buildings would have
blocked views.
Galen Aasland asked about the existing setbacks.
Ethan Moore said they would conform to the setbacks. He said a 48' tall building which would be
allowed to be built today, would block all but a small mountain view on the top floor of the
Lifthouse and a 5-story building would block it totally and the two lower levels of the Vantage
Point would be blocked.
Dave Corbin said he was not clear on the Landmark site.
Ethan Moore explained that with 5-stories and a 24' roof on the east and west and with eye level
to the top of the mountain, the 1 st and 2nd stories would lose their view under this proposal. He
said the 1 st floor was pool level and also a residential level.
Geoff Wright said the Sunbird was 45' tall and if the building was dropped, we could see the
views from the 1st floor. He said he was not in favor of going into the setback.
Ethan Moore said the Iocation of the Sunbird far exceeds the regulatory setback. He then
explained that Lionshead was broken down into 5 different zones. He said from a conceptual
standpoint, they didn't want to force architects not to be creative.
John Schofield agreed with the north/south building orientation theory in the proposal, but
questioned how many lots actually complied with that and didn't think there were even 4 or 5 lots
that qualified.
Ethan Moore said there were only a few places in Lionshead, such as the VA core site and the
Lazier building having enough depth. He said if lots had enough depth, they could incentivize
north/south.
John Schofield reiterated that less than half a dozen lots qualify.
Planning and Envuonmental Commission
Minutes 2
March 23, 1998
Greg Moffet said a desirable outcome would be putting streets in for retail and trading right-of-
way with private property owners. .
Ethan Moore said we had defined where the streets would be as an integral piece before Stage
3, with north/south corridors.
Greg Moffet asked Ethan if he consulted with VA for the public rights-of-way.
Ethan Moore said, given the main plan of the master plan parameters, VA would have to take
that into account and he had not made the recommendation regarding the Town taking
possession of those rights-of-way.
Ethan Moore explained how building height translated into density counts. He said they only
used a basic point of reference. He said trying to forecast future densities, market size and
shapes of lots, whether developers could get financing, were all outside this study. He then went
over the assumptions and scenarios from the memo.
Galen Aasland said this started out with 41 % site coverage and now we were looking at buildings
with 55% site coverage.
Ethan Moore explained that they used Lionshead today as a point of beginning and upped it.
Dominic Mauriello said we were looking at the percentage of change.
Ethan Moore said roof area adds some incentive, but it didn't add a lot. He then went over the
most likely properties that would redevelop. He said there were 5 properties and based upon the
zoning would increase from 315 units to 370 units with the north/south bonus. He said that they
were looking at projects that in reality have a shot at redeveloping. He said if you added in the
undeveloped properties, such as the VA west-day iot and north day lot, the range would be from
ranging from the mid 500's to the mid 700's at the high end, with the total being the potential unit
count. He said it all varied, depending on the number of EHU's, AU's and DU's. He said that
this was general and was the averaged data, for a good point of reference only.
Greg Moffet asked for any public comments.
Dave Corbin, from VA, said Ethan Moore had given them an enormous amount of information.
He said regarding Scenario E in the memo, that when you first looked at the increases, they
looked fairly substantial, but once you made the story increases, they became small. He said he
would like to emphasize if this proposal goes forward, don't think with these studies that you
won't see the increase as that much. He said one factor that led us here was the Corchevall
study. He said the question was how to make these existing buildings more appealing. He noted
that VA had a single ownership on a large site, but to scrape away a building in order to rebuild, it
would cost over $8 million just to clear it away. He asked what a valuable incentive would be to
have these other properties redo to keep competitive properties. He said the space under a
pitched roof wouldn't net too much or little to no incentive. He said to encourage remodeling, you
would need a full floor plate above the 5th floor. He said the life of the buildings are 50 years and
he would hope that the PEC could recommend a 5th floor. He again said incenting with only a
pitched roof would not be enough incentive.
Planning and Environmental Commission
Minutes 3
March 23, 1998
~
Galen Aasland asked David what kind of floor arrangement would be needed for a viable project.
David Corbin said they had a proforma. He said including live beds, a for-sale project, and retail,
VA ended up with 450,000 sq. ft., which included the underground parking. He said this included
a 170-room hotel, with 44 FFU's, 6 penthouses and retail and 70,000 sq. ft. of ski area
components. He said after all revenues were used, it would leave a$400,000 per key for the
hotel, therefore, making the cost of creating hospitality too high. He said VA needed to redo the
proforma when we know where the Town was going. He offered to share this project information
with whoever was interested. He then said that other owners have asked if VA would want to
buy their condo associations. He said in order to make it work financially, they would have to
triple the density.
Jim Lamont, representing the EVHA, said it was tough to digest all the numbers and asked Ethan
which sites were the scrape-down sites.
Ethan Moore said the Concert Hall and VA core site. .
Jim Lamont asked how many people were allotted per 1,500 sq. ft or how many people per bed.
Dave Corbin said some of the confusion was using an 825 sq. ft. 1-bedroom unit. He said a 1-
bedroom unit would have a 4 person occupancy, with 2 per bedroom and 2 on a pullout in a living
room. He said a 1,500 sq. ft., or 2-bedrooms, would be 6 pillows. He said if you do that all the
way through it would increase the number of occupants, but the percentage adjustment was not
that big of a change.
Jim Lamont said based on a free-market system, this did not provide sufficient incentives. He
said there were two issues; beds for guests and a similar percentage for workers with EHU's.
Ethan Moore said he had made no assumptions towards the splits of AU's, DU's and EHU's.
Jim Lamont said the EVHA was concerned with the 600 AU's at the entrance to Town. He said
the body count needed to be served. He asked for the ratio between AU's DU's, FFU's and
EHU's and stated that the EHU criteria was woefully inadequate. He said they needed the ratio
of AU's to EHU's. He said that since the population would show an increase of 4,000 guest
beds, he asked Ethan to address the social equity issue.
Larry Holden, the President of the Lionsquare Lodge Board, stated that with no economic
incentive to change, properties wouldn't change. He questioned any economic incentive to
benefit both Lionsquare and Lionshead and said it would be the first thing our association would
consider. He asked if VA had an economic incentive to benefit the community. He asked if we
had the infrastructure to support this, or would it be available and put in place when the master
plan was decided upon, such as water, sewage, parking, and employee housing. He said there
was a legal distinction between private view corridors and public view corridors.
John Schofield asked Larry Holden asked what incentives would be necessary to bring his condo
association around.
Larry Holden said he would like to be able to redevelap the north building, but needed to have
sufficient density to not cost the present homeowners any money. He said the building currently
had 27 units and they would need to go to 54 units. He said they would need to work with the
Planning and Environmental Commission
Minutes 4
March 23,1998
Town regarding access and parking. He said a land swap with the Town improving their access,
with double density could get the homeowners to be in favor of redevelopment.
Hugh Menomin, a visitor coming to Vail for 30 years and property owner for 5 years, stated that
being away from big cities was why they came to Vail. He said Lionshead's big open square was
an attraction. He said he was fully in support of redevelopment, but to keep the open feeling.
Michael Hazard, an architect representing Montaneros, said they needed the same density
parameters that VA was using. He said he was in favor of pursuing the kind of density required
to not have any expense passed on to the present owners. He said the present owners didn't
want to lose views and quality.
Greg Moffet asked if his homeowner's association would own the retail and lease it or would the
association use the for-sale units for renovations.
Michael Hazard said there was a unanimous vote to not develop as a homeowner's group, but
they needed to renovate to command the rental market value. He suggested allowing the flat
area above Charlies T-shirts to be developed, adding 3 new units, or 1 million dollars net and this
would create the incentive.
Greg Moffet asked Ethan where in the process was the slide show that the PEC saw.
Ethan Moore said the slide show was the first thing we did and it was seen 2 years ago.
John Schofield said Ethan was on target with the floor-to-floor height, but the big question was
whether to allow 4 or 5 stories. He said that views lost didn't change a lot from what we had
today.
Greg Moffet advised the PEC that the next meeting would be a recommendation to Council on
the height and mass issues.
John Schofield said he did not need more worksessions, just time to mull it over. He said the
north/south orientation and the bonuses we could give were not much, except on the VA core
site.
Greg Amsden was not uncomfortable with the proposal. He was not in favor of setting public
policy percentages on empioyee housing, as we should have been concerned with employee
housing 20 years ago. He stated they couldn't publicly legislate to fix the employee housing
situation. He stated it would be a tough job for the existing buildings, and would take time.
Galen Aasland said he received a number of letters that he took seriously. He said that Vantage
Point didn't support this and wanted the no action option. He said there would be scraped Iots,
buildings that wanted to redevelop and others that wanted to just put a new roof on. He said the
economics didn't support taking down buildings and the rea( difficulty was giving incentives. He
said site coverage was a concern. He said regarding the height study, that four buildings were
over height and so about 2/3 of the buildings were not height challenged. He said he was not
convinced of roof incentives and they needed to increase floor-to-floor heights.
Diane Golden asked about the west end of Lionshead being a different height?
Planning and Environmental Commission
Minutes 5
March 23,1998
Ethan Moore said that Ann Essen suggested not limiting the opportunities for EHU's in the west
end and we could go 7-8 stories, but we are not recommending that height.
Diane Golden said this was a real opportuniry for people to live in Town and this also offered
potential to bring retail closer to the street.
Greg Moffet was in agreement with Galen's comments and that the no action option was not an
alternative. He explained the reason he asked about the slide show was because of the north/
south orientation failing in the light and air objective. He said he objected to height over that
which is allowed for easUwest development, as it would create additional shade zones 360 days
per year. He said we needed to revisit the north/south orientations. He said 57' high buildings
should not be permitted or without a second setback and we needed to be flexible on density.
He said in order not to create dead end walls and the passage of light and air, he wouldn't have a
problem with density. He said he couldn't vote for this, as we would not be true to the objectives
we set out with.
Galen Aasland suggested incenting office space in Lionshead.
Andy Knudtsen gave an overview on the abbreviated public process on the Common Ground.
2. A request for a Major CC2 Exterior Alteration, to allow for the addition of a spa
maintenance building, located at 641 West Lionshead CirclelPart of Lot 8, Block 1, Vail
Lionshead 3rd Filing.
Applicant: The Montaneros Condo. Assoc., represented by Michael Hazard Assoc.
Planner: Dominic Mauriello
Dominic Mauriello gave an overview of the staff inemo.
Greg Moffet asked if the applicant had anything to add.
Galen Aasland asked Michael Hazard what kind of flue was on the boiler.
Michael Hazard, representing the applicant, said they were compressing all the mechanical in a
6X6X8' room with venting laterally and no flue coming through.
Dominic Mauriello said the application for DRB would be a staff approval.
Diane Golden had no comments.
John Schofield asked about the metal fence.
Michael Hazard said the pool enclosure fencing met the code but not by the Town. He described
it as a tight mesh, with a clean grid and upright concrete supports. He said it was a refined fence
with a solid element and spacing on the supports were 18'. He said the details had been
submitted to the Town and were nicer than what was presented here.
Greg Amsden had no comments.
Planning and Environmental Commission
Minutes 6
March 23, 1998
Greg Moffet stated that the proposal was consistent with the CC2 Zone District.
John Schofield made a motion in accordance with the staff inemo, with the condition that the
final fence design be approved by staff or the DRB.
Diane Golden seconded the motion.
The motion passed by a vote of 5-0.
3. A request for a variance, to allow for a heating boiler to be placed in the sideyard setback,
located at 22 West Meadow Drive/Lots G and H, Vail Village 2nd Filing.
Applicant: Villa Cortina Condominium Association, represented by Rick Halterman
Planner: Christie Barton
Christie Barton gave an overview of the staff inemo
Greg Moffet asked if the applicant had anything to add.
Bill Loper, the President of the Condo Association, said there were no visual impacts, but they
were planning on planting a tree on the west end and it was their intention to make it better.
Gaten Aasland asked for more than one tree.
Diane Golden said it was great to add 3 more parking spaces for Cortina.
Bill Loper explained that there would be 1.5 parking places per unit and they had a total of 21
units.
John Schofield agreed with Galen regarding adding more trees for screening.
Greg Amsden had no additional comments.
Greg Moffet said that the site was extremely constrained and therefore, showed a hardship which
met the criteria for a variance.
John Schofield made a motion for approval with the condition that the landscaping (2-3 trees) be
approved by staff to screen the boiler from the west end.
Greg Amsden seconded the motion.
The motion passed by a vote of 5-0.
4. A request for a front setback variance, to allow for a 3-foot encroachment into the front
setback for a residential addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail
Village 13th Filing.
Applicant: John & Kathy Adair
Planner: Christie Barton
Christie Barton gave an overview of the memo
Planning and Environmental Commission
Minutes 7
March 23,1998
Greg Moffet asked if the applicant had anything to add. They did not.
John Schofield disclosed that he had a business relationship with the owner, but that it wouldn't
influence him.
Greg Amsden had no comments.
Galen Aasland stated the unique nature of this lot constituted a hardship.
Diane Golden had no comments.
Greg Moffet agreed with Galen's comments.
Greg Amsden made a motion for approval.
John Schofield seconded the motion.
The motion passed by a vote of 5-0.
5. A request for a Conditional Use Permit, a Minor CC1 Exterior Alteration, a building height
variance and a site coverage variance, to allow for a bay addition and to eliminate a
dwelling unit, located at 193 Gore Creek Drive/Lot A, Block 5-B, Vail Village 1st Filing.
Applicant: Rodney & Beth Slifer, represented by Jim Buckner
Planner: George Ruther
George Ruther gave an overview of the staff memo.
Greg Moffet asked if the applicant had anything to add.
Galen Aasland stated the request was in accordance with the current zoning.
Diane Golden had no comments.
John Schofield had no comments.
Greg Amsden had no comments.
Greg Moffet agreed that it was in accordance with the current zoning.
John Schofield made a motion for approval for the conditional use permit only, as the applicant
had withdrawn the minor CC1 exterior alteration, the building height variance and the site
coverage variance.
Galen Aasland seconded the motion.
The motion passed by a vote of 5-0.
Planning and Environmental Commission
Minutes
March 23, 1998 8
6. A request for a worksession to discuss a Major CCI Exterior Alteration and a site
coverage variance, to allow for a remodel and expansion to the Slifer Building, located at
230 Bridge Street/Lot B, Vai( Village ist Filing.
Applicant: Slifer Designs, represented by Jim Buckner
Planner: George Ruther
George Ruther gave an overview of the staff memo.
Discussion Issue #1
Jim Buckner, representing the applicant, said the height variance would not be an issue, as it
would offer a variety of roof heights and would only be on the front of the building.
John Schofield noticed on the site visit that the dumpster was on Town property.
Jim Buckner said he was not aware of that.
George Ruther stated the back of the building was on the property line and that the trash
enclosure and reserved parking were on TOV property. He said in the CC1 Zone District, on-site
parking was prohibited and they may need to reduce this non conformity.
John Schofield had no problem with the application. .
Greg Amsden had no comments regarding the height and site at this time. He did agree that the
parking was encroaching into a TOV tract. He said the handicapped access area should be
labeled handicapped, instead of private.
Galen Aasland said the west elevation needed significant articulation and he could not support
this application until he saw more articu(ation. He said it was against the Town's objectives to
have a flat wall against Bridge Street.
Diane Golden echoed the concerns about parking.
Greg Moffet stated that in order to grant a variance, the PEC needed to know why it would not be
a special privilege and advised the applicant to come up with a good reason.
Discussion Issue #2
Jim Buckner said the DRB gave us an understanding of where to work towards, so we just need
comments from the PEC regarding the walking experience.
Galen Aasland said he wanted to see a change in the roof.
Diane Golden supported the change in the roof pitch and the change from external stairs.
John Schofield said he heard the DRB comments.
Greg Amsden had no comments.
Planning and Environmental Commission
Minutes 9
March 23, 1998
Greg Moffet said rather than shrubs for landscaping, he would like to see a commitment to
flowers, as shrubs die with people sitting on them.
Discussion Issue #3
George Ruther asked if the Pec wanted to see a color board.
The PEC did not want to see a color board.
7. A request for a worksession to discuss the proposed Major CC1 Exterior Alteration to
the Hong Kong Cafe Building, located at 227 Wall StreeULot B& C, Block 5C, Vail Village
1 st Filing.
Applicant: ASI Vail Land Holding, L.L.C., represented by Kathy Langenwalter
Planner: George Ruther
George Ruther gave an overview of the staff memo.
Kathy Langenwalter explained the model and said the applicant was using the same footprint that
the Hong Kong used, just changing the entrance. She said the edge of building was .7' over the
property line on one side and .7' under the property line on the other side.
Greg Moffet disclosed for the record that he saw no conflict, but Base Mountain Sports was a
customer of his.
Galen Aasland disclosed for the record that Wall Street was a customer of his.
Rick Rosen, legal counsel for the Hong Kong, stated that during the original construction, the
surveyor missed by .7' and shifted the building over .7' as you look towards the todge property.
He said in 1986, when it came up for a redevelopment the Town acquiesced to the continuation
of that encroachment and he felt it had been approved by silence.
John Schofield said he would like to see the discrepancy cleaned up for the new owners and
suggested trading some land.
Greg Amsden suggested an even exchange.
Rick Rosen showed the ILC from 1986.
Galen Aasland suggested adding more square footage over Town space.
Diane Golden was in favor of cleaning up the problem.
Greg Moffet strongly recommended trading .7' for .7'. Rick Rosen stated that as the building stands today, there was a window opening on the west
wall and an agreement that allowed for the openings in the event that the Lodge properties did a
redevelopment.
Planning and Environmental Commission
Minutes
March 23, 1998 10
Kathy Langenwalter said her client was not required to sprinkler the building and agreed with
staff to have the windows added. She said the Fire Department was not happy with the new
windows. She said that if the windows remained, the stairway right outside would not work and
they were not increasing the windows, just relocating them. She said the previous agreement
should address the Fire Department concerns.
Galen Aasland said the building needed significant glass on the east side or tempered ceramic.
He did not want the stucco walls the way it was now on either the east or west side. He
suggested landscaping or glass on the west.
Rick Rosen said VA owned the property that Galen was asking to be landscaped. He said there
was already an agreement with the Town of Vail and Lodge Properties that stated the applicant
could pull out the windows. He said that this building was touching the property boundaries on
all 4 sides.
Galen Aasland said the PEC wasn't driven by cost, but by guidelines.
Rick Rosen said there was an access easement of 20' and that VA granted and reserved the
easements and maintains the rights to those easements. He said that HKC, LMT Partnership,
the Town of Vail and Jerry A. Schmidt were the parties in the agreement. He said after the
windows were put in the Town could turn around and say board it up. He said that if the Lodge
redeveloped their building the fire code dictated where the openings in the wall could be and
within 5' of properry line. He said that was why the agreement came up.
Diane Golden said the west wall needed landscaping.
John Schofield said the two issues were the architecture and the fire code and with a 20'
easement, the Town has agreed to opt for more glass.
Greg Amsden had no comments.
Ernie Fearwall, an owner, stated that it behooved us to have windows on the ground level
because the type of use was retail.
Greg Moffet said to put a window in.
Kathy Langenwalter explained the access.
George Ruther said the applicant was required to put up a financial bond for Earl Eaton Plaza, as
the walls and landscaping could be ruined and destroyed by heavy equipment and this might be
an opportunity for upgrades.
Kathy Langenwalter said it was not prudent to improve an area that was being redesigned.
Greg Moffet suggested Kathy talk to staff regarding the bond.
Galen Aasland said he wanted more glass on the east side.
Rick Rosen commented on the letter attached to the memo and said that the applicant had been
in contact with him.
Planning and Environmental Commission
Minutes 11
March 23, 1998
8. A request for a worksession to discuss a proposed west entry remodel to the Mountain
Haus, located at 292 East Meadow Drive/Part of Tract B, Vail Village 1 st.
Applicant: Mountain Haus Condominium Association
Planner: George Ruther
George Ruther gave an overview of the staff memo.
Greg Moffet asked for any applicant input.
Stephanie Lord, representing the applicant, said the west entry solution was being worked out in
conjunction with the Town's redevelopment of Slifer Plaza.
Greg Moffet asked for any public input. There was none.
John Schofield said the Town Council would see this. -
Greg Amsden had no comments.
Galen Aasland stated that this was a long-standing problem, but if someone built a building next
to this we could not approve the same request.
Diane Golden had no additional comments
Greg Moffet agreed with Galen.
John Schofield asked if Todd Oppenheimer had anything to do with the tree preservation plan.
Greg Barrie, a landscape architect with the Town of Vail, said he had been working with the
Mountain Haus and was trying to put together a comprehensive design with the Slifer Plaza
Master Plan and said that the Mountain Haus improvements complimented the master plan.
Stephanie Lord said they wanted to save the north tree, but in reality can't, but would put in some
ornamental trees, such as crabapple, to bring some human scale into the entry way.
Diane Golden asked if they really thought out the crabapple tree idea, as it might be a mess with
the children playing in the fountain.
Galen Aasland agreed with Diane Golden.
Stephanie Lord said they could use another kind of ornamental tree.
John Schofield said that Clark Brittain, from the DRB, disagreed with the loss of the 3 large trees.
Greg Amsden had no additional comments.
George Ruther said the applicant should have a foot-to-foot mitigation plan.
Greg Amsden stated they didn't have the ground to do that.
Planning and Envuonmental Commission
Minutes
March 23, 1998 12
.
Lynn Fritzlen stated the applicant wanted to work in conjunction with the Town.
George Ruther said there was no way to plant trees on the Mountain Haus properry, but other
opportunities existed.
Galen Aasland said the 3 large aspens taken out needed a foot per foot equitable arrangement.
Greg Moffet said he wanted a mitigation plan and hated to see large evergreen trees taken out,
as it was too urbanizing. He stated he wanted to see the location of the mitigation as prominent
as it was now.
Greg Barrie said the Town was starting construction on the plaza in early May.
Lynn Fritzlen stated they needed to get going in early May, but we need to finalize our plan when
the Town finalizes their plan.
Galen Aasland said we needed a commitment from you as to what was being removed.
George Ruther said it was important to the Town Council to understand what the benefits to the
Town would be, since the entry was on Town of Vail property. He said we would put together an
easement agreement.
Lynn Fritzlen said the benefit would be to enhance the restaurant downstairs which would be
separated from the main hotel. She said the new improvements would solve some mechanical
problems they had and would cut down on odors.
Greg Moffet suggested it would be a good space for outdoor dining.
Lynn Fritzlen said we had originally thought of a sunken plaza, but the noise might be a factor.
She said a benefit to the Town would be that the security problems with the open door to the
hotel from the past would no longer be a problem and therefore, the police would be there less.
Greg Amsden said we needed to preserve the restaurant space we already have in this Town.
Greg Moffet was in agreement with Greg Amsden.
George Ruther stated that the applicant would need a site coverage variance and setback
variance and would like to do a PEC straw poll on the proposed mitigation and design.
The PEC was in favor of this request by a straw poll of 5-0.
9. A request for additional GRFA utilizing the 250 ordinance, to allow for a remodel, located
at 1998 Sunburst Drive/Lot 19, Vail Valley 3rd Filing.
Applicant: Nate Accardo, represented by Dale Smith, Fritzlen, Pierce Briner
Architects
Planner: George Ruther
WITHDRAWN
Planning and Environmental Commission
Minutes
March 23, 1998 13
.
10. A request for a conditional use permit to construct four multiple-family dwelling units and
variances from Section 12-7E-8 (Building Height), Section 12-7E-11 (Landscape Area)
and Section 12-7E-7 (Setbacks), to allow for commercial and residential expansion,
located at 143 E. Meadow Drive (Crossroads East Building) / Lot P, Block 5D, Vail Village
1 st.
Applicant: Crossroads Plaza, Trevina L.P., represented by Bill Pierce
Planner: Dominic Mauriello
TABLED UNTIL APRIL 13,1998
Greg Amsden made a motion to table item 10 until April 13, 1998.
John Schofield seconded the motion.
The motion passed by a vote of 5-0. _
11. Information Update
1998 PEC rep. to the DRB -
Jan. - Mar. - John Schofield
Apr. - Jun. - John Schofield for the April 1st meeting only.
Jul. - Sep.
Oct. - Dec.
Greg Moffet stated that the PEC reps for the DRB would be appointed at the April PEC meeting.
Mike Mollica said yes, to answer Galen's question whether the DRB felt it important to have a
PEC rep on their Board.
12. Approval of March 9, 1998 minutes.
Greg Moffet had a change.
John Schofield made a motion to approve the minutes as amended.
Diane Golden seconded the motion.
The motion passed by a vote of 5-0.
Diane Golden made a motion to adjourn.
Galen Aasland seconded the motion.
The motion passed by a vote of 5-0.
The meeting adjourned at 7:10 p.m.
Planning and Environmental Commission
Minutes
March 23, 1998 14
MEMORANDUM
TO: Planning and Environmental Commission FROM: Community Development Department
DATE: March 23, 1998
SUBJECT: A request for a worksession to discuss the proposed Major CC1 Exterior
Aiteration to the Hong Kong Cafe Building, located at 227 Wall StreeULot B& C,
Block 5C, Vail Village i st Filing.
Appiicant: ASI Vail Land Holding, L.L.C., c/o Base Mountain Sports-Brett
Barnett, represented by Kathy Langenwalter
Pianner: George Ruther .
1. DESCRIPTION OF THE REQUEST
The applicant, ASI Vail Land Holding, LLC., represented by Kathy Langenwaiter, is requesting a
worksession with the Planning and Environmental Commission (PEC) to discuss a request for a
Major CC1 Exterior Alteration to the Hong Kong Cafe Building. The applicant is proposing to
eliminate the existing Hong Kong Cafe restaurant and bar, and subsequently create
approximately 3,952 square feet of new retail, ski storage and ski rental space. The following
changes are proposed to the existing building:
• an additional story will be added atop the existing structure to accommodate a portion of
the new retail area square footage;
• the existing dining deck on the south side of the bui(ding will be removed and replaced
with a landscape planter;
• the entrances to Louie's and the Hong Kong will be relocated; and
• the various exterior building materials will be removed and upgraded.
A copy of the plans have been attached for reference.
The purpose of the worksession is to discuss the following issues:
• The building location relative to the property boundaries.
• The fenestration on the proposed west elevation of the building.
• The proposed retail uses on the various levels of the building.
• The construction phasing and scheduling.
1
TO{9
*VAM
1
II. BACKGROUND
On March 10, 1986, the Planning and Environmental Commission approved a Major Exterior
Alteration to the Hong Kong Cafe. During the review of the request, then Hong Kong Cafe owner
David K. Irish, representing HKC Partnership, entered into an agreement with Ed Bleckner, Jr.,
representing The Fraises Corporation, owner of the Lazier-Arcade Condominium Building, Units
308 & 309 which are located to the north of the Hong Kong Cafe. It appears that the intent of
this private agreement was to address the approval process for a conditional use permit and
approval of modifications to the exterior of the Hong Kong Cafe, specific to the requests at the
time. The Town of Vail is not a party to the agreement. Staff believes that this issue may be
brought up in relation to the current request. Staff does not believe that the Planning and
Environmental Commission public hearing is the appropriate venue to discuss the previous
agreement, nor is a discussion of the previous agreement relevant to the Major Exterior
Alteration request.
III. ZONING ANALYSIS The following analysis summarizes the relevant zoning statistics for this request:
Legal: Lot B& C, Block 5C, Vail Village 1 st Filing.
Zoning: Commercial Core I (CC1)
Lot Area: 0.037acre/ 1,612 square feet
Buildable Area: 0.037acre/ 1,612 square feet
Development
Standards: Allowable Existin Proposed
Site Coverage: 1,289 sq.ft., or 80% 1,489 sq. ft., or 92% N/C
Landscaping: no net reduction 74 sq. ft. 101 sq. ft. (+27sq. ft.)
in existing landscaping
Building Height: 40% = 33' - 43' 0% 9.5%
60% = 33' or less 100% 90.5%
Parking: 1 space/300 sq. ft. 12.7 spaces 132 (+0.5)
of net floor area required
(retail)
2
IV. MAJOR EXTERIOR ALTERATION CRITERIA*
* Note: We will not be addressing each of the criteria at this time.
A. Compiiance with the Urban Design Guide Plan for Vail Viilage
B. Comqliance with the Urban Design Considerations for Vail Village
The Urban Design Considerations for Vail Viilage are intended to guide growth and
change in ways that will enhance and preserve the essential qualities of Vail Village. The
Urban Design Considerations are divided into two major categories: Urban Design
Considerations and Architecture/Landscape Considerations.
Urban Design Considerations
The Vai! ViAage Urban Design Considerations are primarily the purview of the Planning
and Environmental Commission.
1. Pedestrianization:
2. Vehicular Penetration:
3. Streetscape Framework:
4. Street Enclosure:
5. Street Edge:
6. Building Height:
7. Views and Focal Points:
Architectural/Landscape Considerations
The Architectural/Landscape Considerations are reviewed primarily by the Design Review
Board.
1. Roofs
2. Facades
3. Balconies
. 4. Decks and Patios
5. Accent Elements
6. Landscape Elements
7. Service
3
C. Comnliance with the Vail Land Use Plan
The following goals of the Vail Land Use Plan are applicable to this proposed alteration:
1.1 Vaii should continue to grow in a controlied environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.4 The original theme of the old Village core should be carried into new
development in the Village core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
Staff Res onse:
Staff believes that this proposal is consistent with the Vail Land Use Plan.
D. Compliance with the Vail Village Master Plan Goals
The Vail Village Master Plan is intended to guide the Town in developing land use laws
and policies for coordinating development by the public and private sectors in Vail Village
and in implementing community goals for public improvements. Further, the Master Plan
is intended to serve as a guide to the staff, review boards and Town Council in analyzing
future proposals for development in Vail Village and in legislating effective ordinances to
deal with the such development. Contained within the Vail Village Master Plan are goals
for development in Vail Village. The goals are summarized in six major goal statements.
The goal statements are designed to establish a framework, or direction, for the future '
growth of the Village.
A series of objectives outlines specific steps toward achieving each stated goal. Policy
statements have been developed to guide the Town's decision making in achieving each
of the stated objectives, whether it be through the review of private sector development
proposals, or in implementing capital improvement projects.
Goal #1 Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of
community and identity.
1.2 Obiective: Encourage the upgrading and redevelopment of residential
and commercial facilities.
4
1.3 Objective: Enhance new development and redevelopment through public
improvements done by private developers working in cooperation
with the Town.
1.3.1 Policv: Public improvements shali be developed with the
. participation of the private sector working with the
Town.
Goal #2 To foster a strong tourist industry and promote year-round economic
health and viability for the Village and for the community as a whole.
2.? Obiective: Recognize the "historic" commercial core as the main
activity center of the Village.
2.2.1 Polic : The design criteria in the Vail Village Design Guide
Plan shall be the primary guiding document to
preserve the existing architectural scale and
character of the core area of Vail ViNage.
2.4 Objective: Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
2.4,1 Policy: Commercial infill development, consistent with
established horizontal zoning regulations shal( be
encouraged to provide activity generators,
accessible green spaces, public plazas, and
streetscape improvements to the pedestrian
network throughout the Village.
2.4.2 Policv: Activity that provides nightlife and evening
entertainment for both the guest and community
shall be encouraged.
2.5 Objective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to
better serve the needs of our guests.
2.5.2 Polick The Town will use the maximum flexibility possible
in the interpretation of building and fire codes in
order to facilitate building renovations without
compromising life, health and safety considerations.
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by
landscaping and other improvements.
3.1.1 Policy: Private development projects shall incorporate
streetscape improvements (such as paver
treatments, landscaping, lighting and seating
areas), along adjacent pedestrian ways.
5
.1. Poli : Flowers, trees, water features and other
landscaping shall be encouraged throughout the
Town in locations adjacent to, or visible from, public
areas.
Goal #4 To preserve existing open space areas and expand green space
opportunities.
4.1 Objective• Improve existing open space areas and create new plazas
with green space and pocket parks. Recognize the
different roles of each type of open space in forming the
overall fabric of the Village.
4.1.2 P licv• The development of new public plazas, and
improvements to existing plazas (public art,
streetscape features, seating areas, etc.), shall be
strongly encouraged to reinforce their role as
attractive people places.
Goal #6 To insure the continued improvement of the vital operational elements
of the Village.
6,2 Obj ctive• Provide for the safe and efficient functions of fire, police
and public utilities within the context of an aesthetically
pleasing resort setting.
62-? Poliy' Minor improvements (landscaping, decorative
, paving, open dining decks, etc.), may be permitted
on Town of Vail land or right-of-way (with review
and approval by the Town Council and Planning and
Environmental Commission when applicable)
provided that Town operations such as snow
removal, street maintenance and fire department
access and operation are able to be maintained at
current levels. Special design (i.e. heated
pavement), maintenance fees, or other
considerations may be required to offset impacts on
Town services.
E. Comnliance with the ~urpose statement for the CC1 Zone District
According to the Official Town of Vail Zoning Map, the applicant's property is located in
the Commercial Core 1 Zone District (CC1). Pursuant to Section 12-7B-1 of the
Municipal Code, the purpose of the CC1 Zone District is intended to,
"provide sites and to maintain the unique character of the Vail Village Commercial
Area, with its mixture of lodges and commercial establishments in a predominantly
pedestrian environment. The Commercial Core I District is intended to ensure
adequate light, air, open space, and other amenities appropriate to the permitted
types of buildings and uses. The district regulations in accordance with the Vail
Village Urban Design Guide Plan and Design Considerations prescribe site
development standards that are intended to ensure the maintenance and
presenration of the tightly clustered arrangements of buildings fronting on
6
pedestrian ways and public greenways, and to ensure continuation of the building
scale and architectural qualities that distinguish the Village."
Staff Res onse: -
Staff believes that the proposed improvements are in concert with ihe purpose of this
zone district.
V. DISCUSSION ISSUES
The Community Development Department has completed a preliminary review of the .
proposed Major CC1 Exterior Alteration. Upon completion of our preliminary review, we
have identified several issues we believe the applicant, staff and Planning and
Environmental Commission should address prior to a final review.
The staff has identified the following issues for discussion:
1. The building location relative to the property boundaries
The east edge of the existing building is built approximately six to eight inches
over the property line. The applicant is proposing to construct a new third level of
the building atop the existing structure. The staff would suggest that the applicant
and the Planning and Environmental Commission discuss the appropriateness of
perpetuating the existing encroachment or whether given the extensive remodel,
the building improvements should be brought into compliance with the location of
the property line.
2. The fenestration on the proposed west elevation of the building
The Uniform Building Code and the Uniform Fire Code prohibit openings along
zero lot lines. The intent of this prohibition is to reduce the chances of a fire
spreading from one building to another. According to these Codes, openings may
be permitted subject to the installation of appropriate mitigation. Staff believes
that additional window fenestration should be required on the west elevation of the
proposed building. As designed, a large expanse of wall and mass is visible. The
wall and mass is most noticeable from the properties immediately to the west of
the applicant's property. Staff would suggest that the applicant and Planning and
Environmental Commission discuss the general appearance of the west elevation
and that the Planning and Environmental Commission provide direction to the
applicant regarding the west elevation fenestration.
3. The proposed retail uses on the various levels of the building
Pursuant to Sections 12-7B-2, 12-7B-3, 12-7B-4 of the Municipal Code, in part,
the following uses are permitted on the various floors of buildings in the
Commercial Core 1 Zone District,
"Retail shops and establishments including sporting goods stores and
commercial ski storage-basement level only."
7
Staff has made the interpretation that the proposed retail space in the existing
restaurant area and the newly added floor is a permitted use as these areas are
considered the first and second floors of the building, as accessed from Earl
Eaton Piaza. The Wall Street access is not considered the primary access to the
new retail spaces. Instead, the staff has classified the Wall Street access as the
primary access to the ski storage and the ski rental areas and a secondary access
to the retail spaces above. Staff would suggest that the Planning and
Environmental Commission either affirm or modify staff's interpretation as it
relates to the floor level classifications.
4• The construction phasing and scheduling
There are significant constraints to construction in the vicinity of the Hong Kong
Cafe that make it difficult to remodel the building. Given the difficulty of
construction, staff believes it is important that the applicant discuss in conceptual
terms how they might go about constructing the proposed improvements.-.Of
greatest interest would how deliveries might be brought to the construction site,
where materials will be stored, where construction equipment will be staged and
the anticipated duration of construction. Staff realizes that these issues are not
part of the review criteria and recommends that they not be used by the Planning
and Environmental Commission in the decision-making process, however, staff
feels that it is timely to begin addressing the difficult construction issues.
VI. STAFF RECOMMENDATION
As this is only a worksession and not a final review, the Community Development
Department will not be making a recommendation at this time. The Community
Development Department will provide a recommendation to the Planning and
Environmental Commission at the time of the final review. A final review is tentativefy
scheduled for Monday, April 13.
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THE FRAISES CORPaRATION
Mar+ch 18, 1998
SUBMIYYlD BY FAX
_ Mr. George Reuther ,
• Community Development-Department , . . ' .
Town of Vaii .
75 S. Frontage Road West VaD, CO 81657
Dear Mr. Reuther.
In tegard to the varlous sctlons of ASI Yail Land Holding for changes to their proparty st 227
Wall St.
I am the owner of 2 condominiurns directiv adjacent to the subject property, Unlts 308 and
309. Wall 3trcet Bldg. (Lazier Arcade).
At the prior pubUC (varlance) hearing Iast month to which my attomey attended. ASI
represented that they were woricing with adJacent neighbors. This just isn't so. Neither ASi nor
ariy representative of them have contactod me in any way regarding the previous roqueat for
variance rror the upcoming work sesslon, not by mail, by FAX, by phone nor in person.
I have learned af these events only through third perties. Isn't this a bit unusualT
Furtiier, l am the proparty owner of direct negative impact. The impact of sn additional flool' t0
the subjed property witl reduce the Ilght to my resldentlaf unit about 80% and reduce availabie air
substantially.
I have requested Sally Bralnard of RKD arc.hitects to att8nd the upctiming work sesslon on my
. behaif. At this time I obJect to thls proJect for Its negaUve effects on my property independent of
my objectiort based upon a recorded agreemant binding upon successors.
$IfiCAI'Aly, .
EDWARD BLECKNER, JR.
aaEsiaENr -
~
cqpies: Sally Brainard, RKD
James Kurtz-Phelan, Berenbaum, Weinshienk 8 Eeson
1641 S.E. 7 TH STREET • FT. LAUDERDARE, FL • 33316
Pt10NE: (934) 763-1488 • FAX: (854) 765-1298
,
~
~y
TOWN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR IMMEDIATE RELEASE _
March 31, 1998 Contact: Rob Ford, 479-1860 Vail Mayor e
VAIL MAYOR ISSUES REVITALIZATION CHALLENGE FOR LIONSHEAD
DURING BREAKFAST MEETING WITH COMMUNITY LEADERS
(Vail)--Vail Mayor Rob Ford told a crowd of Vail business leaders this morning that Lionshead
must become more active and more vibrant if Vail is to remain competitive in the resort
business. Ford then called upon the business community to help the town complete the
Lionshead Redevelopment Master Planning process and to expedite its implementation.
"We now have a historic opportunity to correct the poor planning of 30 years ago," Ford said.
"We now have the opportunity to instill a personality into Lionshead through this redevelopment.
We can create a revitalizing pedestrian presence while at the same time improving our pitifully
poor lodging base."
The five-stage master planning process, which has been underway for more than a year, is
approaching its most critical stage as the Vail Town Council contemplates adoption of specific
parameters for future building height and density within Lionshead. Once in place, the master
plan will serve as a framework for decision-making on specific development and redevelopment
proposals for all private and public lands within the 154-acre area.
While reading prepared remarks this morning, Ford said the resort market has become
increasingly fierce. "Our competitors are moving forward and investing millions of dollars," he
said. Ford then challenged the business cammunity to re-establish Lionshead as the best it can
be. "So many times over the past few years, we have come to the brink of positive change--as
now with Lionshead--only to fail," Ford said. He cited the lost opportunity for a performing arts
(more)
L~~ RECYCLEDPAPER
Lionshead/Add 1
center as an example. "The greatness of our ski mountain has kept us on top. But our skier
numbers have been dropping for two years in a row now while the other Colorado resorts are
passing us by," he said. ,
Ford thanked Vail Resorts, the single largest landowner in Lionshead, for serving as a catalyst
in the master planning process as it contemplates renovation of the old gondola building and the _
adjacent Sunbird Lodge. "What's even better is they want to build a first-class hotel. Such
quality rental beds are in critical short supply in both villages," he said.
Ford encouraged the community to get involved in the master planning process and to help the
Town Council make appropriate decisions during the conclusion of stage three. The schedule
calls for the Planning and Environmental Commission to issue a recommendation on height and
mass elements at its April 13 meeting, followed by an update to the Town Council at its April 14
meeting; and a final decision by the Council on height and mass at its April 21 evening meeting.
In his closing remarks this morning, Ford said no action would be unacceptable. "We need to
rise to the challenge," he said. "Let's prove the skeptics wrong and show the world we are, and
remain a community which can come together to meet the challenges of assuring our
competitiveness in today's highly competitive market place. Let's roll up our sleeves and get the
job done right for a change."
The leadership breakfast was held at the Marriott and was attended by more than 70
stakeholders. The meeting was videotaped by Channel 5 Vail Valley Community Television and
will be rebroadcast at 2 p.m. April 2; 11 a.m. April 3; 5:30 p.m. April 4; and 5 p.m. April 5.
Other presenters this morning included Vail Town Manager Bob McLaurin, who gave a brief
overview of development projects occurring at other ski resorts; and David Kenyon and Ethan
Moore of Design Workshop, the project's consultants.
For more information, or for a copy of Mayor Ford's prepared remarks, contact Suzanne
Silverthorn in the Town of Vail Community Information Office at 479-2115.
# # #
~
Ski Area Trends & Activities
• National skier visits were down 2.8 percent for the 1996-97 season. This equates to
52.5 million skiers versus 54 million.
• Aspen Highlands, new base area planned in summer of 98.
• Winter Park, three-phase redevelopment process with phase-one starting this year; $46
million in condominiums have already been pre-sold.
• Cooper Mountain, $66 million on-mountain improvements planned. . • Jackson Hole, new plan will double size of base ski village; significant bed base
expansion; new village amenities planned.
• Steamboat, working on base area and village improvement plan; new resort hotel
planned.
Highlights of Town of Vail Retail Study, August 1997
• People have less time to shop and are increasingly looking to vacations to catch up on
their shopping needs.
• Even in resort communities, local patronage is important to financial stability and long
term success.
• The most successful retail businesses benefit from a community with charm, appeal,
history, culture and identity.
• The architectural style, design of public spaces, tenant mix, visual access, and building
scale all contribute to a pleasant sense of place and, therefore, retail success.
• A village center is important in increasing the sense of community and a place which
meets visitor's expectations.
• A clear pedestrian connection that is easy, interesting and well-signed should be created
between Lionshead and the Vail Village.
• The connection of Lionshead to Vail Village would create the critical mass which leads to
success for all. The more square feet of appealing retail, the better.
Source: Design Workshop
r
TO'WN*OF VAIL
• Input/Inquiry Response Record .
Tae attached corr=ents were recently received by the Town of Vain. We encourage VaU
residents and guests to give us such input and we strive for timely
ADDRESS Tr sE CONCERNS Wrf,-Mq EVE WORMG I)AYSAND responses. TIM
E
COMPLEM FORM TO PAM BRANIDMEYM
r-
D EFA rlk i' TO hA.NL MLE INQUIRY (d '
LxDI7E7tiAL TO r AN-BLE ZTQUjRy (g
DATE TOV E -L' LN?TJ7/INQUIRY
F ,0 ti CAT-' (-1zdic:te date)`
7 (atzched) kAL L,
Z : ONSc C.~~D (at'~cc^e ~
r.... 1 G (attach C: py)
F 0 CA L r. (Indicate date)
a ~~•rn 2rnr M .
D = OS R ONSc : O:Q,, i TO FA,Vi 3RD
- D
A c-cv ai ; his inCttir~ one ~r.Z will ;-rrsin cn :.Ie at the :'C!
' Community Triatiaas e$= As secs as Lois Carat is F tur.
3arc.-ever- ;his ineuirr ;viii ~e ensice- ~asev~. b. o....
~
~
COMIe Killght, President
385 Gore Creek Drive, Suite 201 # Vail, CO 81657
Telephone & FAX: (970) 476-3615 ? e-mail: clmight@vail.net
? 1
March 30, 1998
Mayor Rob Ford & Council Members
Town of Vail
75 S Frontage Road
Vail, CO 81657
Dear Rob, Sybil, Bob, Mike, Kevin, Mike and Ludi:
I was concerned to read that you are considering approving on second reading at the April
7th meeting, eliminating two accommodation units at the Vail Athletic Club.
After seeing what has happened at the Galatyn Lodge (formerly Garden of the Gods and
Villa Vahalla) I think that would be a mistake.
By continually converting hotel rooms to condominiums, we are losing a valuable entity
that brings vitality to the town, not to mention sales tax.
It is hard enough to see signs of life in our town residences as it is. A good example of
this:
An incoherent, drug-induced man, who had $2,000 cash in his wallet
stumbled up to the second floor of the Vorlaufer on a Saturday night
at 9 o'clock in mid-February, trying to get his bearings. Police were
called. When asked how and why he came to the second floor of the
Vorlaufer, he said, "It was the only light I saw."
On another issue, I would like very much to see a bank of newspaper boxes in one
location, preferably across from the Vorlaufer at the bus stop to replace the ones removed
opposite the Galatyn some years ago. Right now, there are four locations on Bridge Street
from the base of the transportation center to Seibert Circle. None, that I can see, exit east
of Bridge Street until the Vail Golf Course bus stop. That seems to address visitor
accessibility, but, once again, what about us locals?
Professional joumalLst
vail town council members _2_
And thirdly, the original concrete base to the street light at the corner of Gore Creek Drive
and Vail Valley Drive was never removed. It sits up a couple of feet above ground inside
the sma11 planter. Can it be taken out when the finishing touches are put on the sidewalk,
bridge and landscaping as completion of the Golden Peak redevelopment project?
Many thanks for listening to a 29-year resident, one who cares deeply about Vail. I know
your jobs are not easy!
Sincerely yours,
~
Connie Knight
~
r W RECF~V~Il MA n~ i~
X C : C~u.i~Ct,t~ ~A
March 2871998
~
Dear Town of Vail Staff,
Thank you for the opportunity to express my satisfaction/dissatisfaction
with the town's infrastructure.
I am pleased with the overall quality of life and amenities provided by the
Town of Vail. The past 25 years, life has been very good.
Presently, our quality of life is threatened by a growth exptosion. Addressing
this issue is priority number one, on my list.
I own my home... I work six and seven days a week to afford the payments,
The American way is to work hard for the things which are priority in our
lives.
Our seasonal workers drift into town, single or in families; they burden our
schools, our infrastructure services, are irresponsible about paying their bills,
and, ultimately, do not pay a penny of property tax to replenish the coffers.
Most of the seasonal employees are here for one thing: FUN. PersoMally, i
do not find fault with this philosophy; I skied and recreated at every oppor-
tunifiy; however, I accepted the responsibility for paying my bills and that
included my monthly rentl
There were times when I had to work fourteen s#raight days and pull extra
shifts to provide the needed funds to meet my financial obligations.
TODAY, our seasonat workers want to work less, ski and recreate more, and
expect us to subsidize the extravaganza... smart kids! I believe these peopie
shouid work extra hours, just as the rest of us have done, if they want to live
in the Vail Valley.
I teach skiing for Yail Associates on a part time basis. There are many
instructors here, with "green cards", from around the globe. They work for
less pay than their American counterparts (which is good for Vait Resorts)
and enjoy the luxury of subsidired housing to boot.
The Town of Vail has pubiicly endorsed the concept of empioyee housing for
the town's workforce and I empathize with this sentiment; after all, it seems
like the prudent thing to do... provide housing for people who cannot afford
to live in Vail on meager wages.
It is a known fact, the local businesses require a tremendous work force to
address the needs of our valuQd guests. Unfortunately, the majority of these
jobs require unskilled labor: synonymous with low wages.
As long as we subsidize housing, the businesses will continue to provide
minimum wages for these unskilied jobs. A lot of these jobs wilt continue to
be unfilled because of their mundane nature.
Perhaps, we should use this worker shortage as a cue that our growth should
be curtailed... of important concern is Category lll further impacting
the valley infrastruc#ure and work force.
In conclusion, I think it is wrong to offer public fand and funds to subsidize
seasonal workers... let the private sector address the issue. Tn the scheme of
things, this may be our best opportunity to mitigate overpopulation of our
communitjr. Your survey made an interesting point: " Think about what is
best for your community".
Respectfully submitted,
Mike Reid
40- - - TC-
RECEIVEa APR 2 1996
JEFFREY M. WELLS Senate Chamber SENATE MA)ORITY LEADER
State Senator State of Colorado
524 South Cascade #1
Colorado Springs, Colorado 80903 Denver
471-4110
March 27, 1998
The Honorable Robert E. Ford
Mayor, Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Mayor Ford:
Thank you for your recent letter relative to your support for House Bi1198-
1200 concerning the creation of local marketing districts.
You will be pleased to know that the bill did pass the Senate, and I did vote
for the bill.
I appreciate your taking the time to contact me with your input on this issue.
Sin?yyyM. Jef Wells
JMW:mp
f
~
16-07
B/DOJ ~ f ' f : ;
. . ~ .
i
f
. ,
YEAR TO DATE 1997
AND FEBRUARY 1998
TouW 4VAIL VAIL BUSINES S
REVIEW
April l, 1998
This edition of the Vail Business Review includes a revised issue for 1997 and February 1998.
Overall 1997 sales tax increased 7.1 % with Retail increasing 6.0%, Lodging increased 12.2%,
Food and Beverage increased 4.6% and Other (which includes items such as utilities, taxable services
i.e. plumbing, electrical and rentals or leases) increased 1.2%. February 1998 collections resulted in a
1.5% increase overall with Retail increasing 1.2%, Lodging increased .4%, Food & Beverage increased
3.7% and Other increased 4.2%.
Events in February 1998 included Jimmie Heuga's Toyota Snow Express. February 1997 -
brought Vail the Warsteiner Mogul Mania, Jimmie Heuga's Toyota Ski Express and the National
Brotherhood of Skiers.
Please remember when reading the Vail Business Review that it is produced from sales tax
collections, as opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125 or Steve -
Thompson at (970) 479-2116.
Sincerely,
Sally Lorton _
Sales Tax Administrator
REVISED 1997 YTD SALES TAX ~
VAIL V/LLAGE
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REVISED RETAIL SUMMARY
REVISED YTD REVISED YTD REVISED YTD
1996 1997 %
COLLECTIONS COLLECTIONS CHANGE
FOOD 1,049,564 1,168,145 11.3%
LIQUOR 200,803 210,672 4.9% _
APPAREL 853,245 8619460 .1 %
SPORT 1,919,240 2,015,231 5.0%
JEWELRY 238,634 268,143 12.4%
GIFT 236,281 248,565 5.2%
GALLERY 40,386 53,812 33.2%
OTHER 880,433 925,302 5.1 %
HOME 14,385 7,052 -51.0%
OCCUPATION
TOTAL 5,432,971 5,758,382 6.0%
,
FEBRUARY SALES TAX ~
VAIL VILLAGE
FEBRUARY FEBRUARY FEBRUARY
1997 1998 %
Collections Collections Chan e
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FEBRUARY FEBRUARY FEBRUARY
1997 1998 %
Collections Coilections Chan e
?:,.,.,,.;.>.~;;~,ot°aey,..,,,~`°+..,~wyvb~°,''„',n~,a,"~'~,,a,•t.a;.:.?.n:.ae<~;,~<'s..~,;s„ r;;:,°.~,,,,,,i,:~;:...::..;:.,.:-:-;:n .`v°,?~y, S±,a,b'1.>'Sa. .i••~'n..; 1+, .,.°:a,~
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'2' 4'~*ia~:h~': k,cM44 A4 a R4.4,;:ti4A'++'~r. aa.4:c3ilhntie"Ao~w:"yi'au L;3.qa•.43 ..'_1,.',h~:+.aa
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';:.~°t'hM1.aol;r:~.`a~:ii^,o.~t
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Total
2~,,y~,,,,q.,i; .i,•
e. i '
r.'!>:'`' r "r
peb~ e.' : 9. `'a
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~ FEBRUARY SALES TAX
CASCADE VILLAGE/EAST VA/L/SANDSTONE/WEST VA/L ~ -
FEBRUARY FEBRUARY FEBRUARY
1997 1998 %
Collections Collections Chan e
:
-
Retail : '1~9 617;. 4.'~~,~: ~ -
. ~ _ . .
~
.
Lod9in9 194 199
: ,
:
. . ;
.
.
L , . . . .
F _ ; .
o
od &
Bevera9e : . ; > 49 394.>::: 5'1 75J;:::>;
. ~
,
. .
.
_ _ ;
.
.
.
. .
th r '10
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;
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_
.
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.
,
<
_ :
.
. ,
. : : .
. . . .
. . . .
, _ . . - , :
~
Total 390,2~~1 4
,
.
. :
.
-
OUT OF TOWN
FEBRUARY FEBRUARY FEBRUARY
1997 1998 %
Collections Collections Chan e
:
_
Retail 981 ; = 32 201
,
.
,
. , .
;
. .
_
Lod9i n
9
Fo :
od &
:
.
Bevera9e :1 D26
.
. . . . .
. . .
.
Other : ,''~t1t~ ~3~ ` . 3 : ' ' ~»~1,~'~~?
.
,
. . . . . . . . .
Total
~~3,.::.;::;;~=;<.:. 6.520
r
FEBRUARY SALES TAX ~
TOTAL
FEBRUARY FEBRUARY FEBRUARY
1997 1998 %
Coilections Collections Chan e
244`tt`y a ".4~`V.`+, 'h t °v"ot ~i tO.4.. k, ^0 4 b`rotb M1 S `S `b > ~k ">~°'k.ti v b- S . ,b
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q4 "u 'v°k t ~ t ~ w°..`vv th~~~*v~ :v l,h~`'s~y. ti ^ ."~'iw.M~ ~``'v'.e,t4q~ t~,,~`'~t0.~ ~,c°•z`*q~ $ ?.°.°~c,,°+~°b.~b*''a„a°ro~ ~S,
Total
i
RE IL SUMMARY
FEBRUARY FEBRUARY FEBRUARY
1997 1998 %
COLLECTIONS COLLECTIONS CHANGE
FOOD 105,263 123,914 17.7% ,
LIQUOR 22,785 24,598 8.0%
APPAREL 126,577 108,949 -13.9%
SPORT 289,603 292,352 .9%
JEWELRY 28,678 27,304 -4.8%
GIFT 29,824 2707 -7.2%
GALLERY 3,927 8,067 105.4%
OTHER 82,937 86,396 4.2%
HOME 1,188 0 -100.0%
OCCUPATION
TOTAL 690,782 699,247 1.2%
TOwn of Vail .
75 South Frontage Road
Vail, Cmlorado 81657 .
.
X
_ !w~ •
Sunday, March 29, 1998 THE DENVER POST
LETTERS, FAXES & E MAIL
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Photo courtesy of Denver Zoo
Canada lynx could be reintroduced to the Back Bowl areas of Vail's Category I11 expansion.
Why favor Eagle? on whether the local attitudes jibe Eagle County 12 years ago. The natu-
with that of the editorial board. ral bowl and gladed terrain will im-
Amazing that The Post could sud- DAVE SKINNER, prove the skring we offer, particularly
denly become sympathetic to the The writer is a researcher for the Peo- during early and late seasons. It dces
plight of Eagle County, which like so p]e for the IISA not involve any base area or private
many others is a tail-end Charlie when Pueblo land development.
it comes to federal land-use .planning. . Months ago, we urged opponents of
Why is it that The Post is now demand- H`slbit`sIt aVOlded Category III to join us and others to
ing that local planners be given a tan-
gible say (March 9 editorial "It's time Jeffrey Berman's Feb. 26 guest col- improve wildlife habitat in the forest
for Eagle's say")? The Post recently umn ("Vail expansion could trigger e%- and to support lyns and wolverine con-
gave the impression that it seems to tinction for the lynx") does a disser- servation and reintroduction effor~s.
be all right if counties such as Moffat vice to your readers. Sadly, their only response has been a
are unable to have any influence over Our plans were revised several barrage of distortion and invective.
the BLM roads inventoI'debacle times to avoid otential 1 ANDREW P. DALY, President
y , p yiix habitat, Vail Resorts Inc,
characterizing opponents as repre- and we agreed to numerous additional
senting "narrow interests." Since measures to further protect such habi- hl.
when are Western Slope governments tat. As modified, Category III will af- Tell it Str`s~.lg
narrow interests? Or are they only fect only about one-thousandth of the Mark Eddy's March 9 article ("For-
narrow under certain conditions? potential habitat on half of the Wtute , ,
The Vail eg ansion has been an is- River National Forest, one of 10 na- feit land s fut"ure linked to Vail s eg-Vail
sue for a decade, and a very public one tional forests in Colorado. The U.S. b~dis pis itssde~elomentt lans
at that. Using species as a roadblock Forest Service, Colorado Division of for the 6 000-acre Gilman property as
, didn t work. The push by environmen- Wildlife and the U.S. Fish and Wildlife a ski area e$pansion, emphasizes an
talists to use the proposed Forest Ser- Service each determined that our miti- inherent deception in the Forest Ser-
vice roads moratorium appears spuri- gation will offset this impact and pra vice's approval of a ski area eapan-
ous. The possibility of,development on tect any lyiix in the area. sions. In Beaver Creek, Crested Butte,
private property that the county is le- Mr. Berman also claims our project Telluride and Vail, ski-area develop-
gally able to regulate is the only possi- would eliminate winter range and dec- ers and tlie Forest Service convince
bility left for altering the Category III imate the local elk herd. Not true. the public that they are _"enhancing
expansion through a form of black- There is no winter range in Category the skiing exnerience for the nublic."
iI1811, 60WdTQ WR1CII lil8 YOSL"S 8LLILUUQ im r urtner, we wiii protecti eix ana Too often it turns out that the public j
is clear. Never mind that the develop- deer during summer. gets a large development by surprise.
ment isn't assured and wasn't planned, Our workforce will increase by only Ted Zukowski hit the nail on the headc
at least not until the concept was 71 employees. This represents less "Vail gets a huge financial boon
brought up by Vail's opponents. than one-half of 1 percent of the coun- everybody else (gets) destruction of
Sorry folks, but calling to support ty's employment base, and only about wildlife habitat and open areas and
local interests (the anti'Vail groups) 6 percent of the nearly 1,200 employee destruction of quality of life in terms
right on the heels of a call to override beds we have added since our proposal of continuing urban sprawl." It's kugh
local interests (the anti-BLM invento- was first sabmitted to the Forest Ser- time ski area developers and the For-
ry Western Slopers) on a remarkably vice. est Service be honest with the public:
similar matter is pretty narrow. If Nor is our expansion a front for de- If your ski area egpansions are in fact
The Post is going to support the con- velopment. Most of Category III has about developing real estate, then tell
cept of having those most affected by been under permit to us for 35 years, us.
land-use decisions call the shots, then and our expansion was conceptually FRANK C. WINTER
that support should,not be contingent approved by the Forest Service and Telluride
IAA • THE DENVER POST Suiiday, March 29,199$
r . '
~ Hou
~
ork ro ects sta wane p J Y ~cau,-)~E ~J 4
~
Ay Chrie Collins members appear to be getting at ,we will drain the lifeblood from lenged budget priorities, arguing House T4n
.9ra~
;nd Notm Brewer least $40 million each in projects, the movement that brought us into "America is growing but our infra• tom~ee ~9Bp-~ritpl~
6ennett News Senice s~~ ~d
more than twice as much as is go• Congress." structure is crumbling."
; ing to rank-and-file members not -+~4~arrel N,C
House members w6o refused He engineered a potent strategy 1n~a~bmtte~rou~~1N HH t~
WASHINGTOIY - The 73 mem-
on the committee. deb~ ~ ae Wedaes~aY i~d '~1
r~4,,
bers of the House Transportation projects are angered that what for gathering votes that turned on Hem sh~~~~~ ~~moi U
,
tommittee would get the lion s That is pretty much business as they consider stands of principle asking members early this month ,ym~q~p~
$hare of federal dollars for special usal in Congress. Md some law• will cost their states moneY. to identifY w6at Shuster calls "hi8b
u
0?~ ~ ~ r~,-'
highway projects for their states in makers are outraged - objecting House leaders defend the high• priority" projects in their districts
amount eir ra ~
y Bh Y ta the "Po 9 sa Y runs counter way bill, which is;26 billion over a that they wanted funded. There s~ F, f~°' 1r~ t 3° =r
hi wa rk" the
Ehe sfY-ear, $21~9 billion 47 ~
to reforms promised by the so-call• spending cap set bq the 1997 Bal• was no requirement that priorities 8?~ Memhen a? Fun~ h~~ 6.0 ` -
omnitt"` munolu Nnd* Ta These members come from 33 ~~Publican Revolution, warning anced Budget Act. of state or local highway officials 1 ~ Te~~.{:
etates, 66 rcent of t6e nation. But against busting the budget and say- be followed. we, 1 1192,60. 2" iltah t
Pe It s a matter of settin riori•
a` Gaaaett News Service com uter iAg unworthy projects are being „ g p R-Fla., ar ? ~ v~, t~~ 16dm 2"
y~ywW
P ties, said GOP Whip Tom DeLay Rep. Porter Goss, gu- 0 $W.19 11
$pa lysis s 6ows t 6eu s ta t e s wou l d ~ d t o b u y v o t e s f o r t h e m a s s i v e of Tesas, predicting he'll come up ing t ha t " t axpayers' maney oug h t F i a. 3 2 6 7: e p' 3, t~ s•` a 5~. 0~ 2
et 88 percent of the $8.8 billion ~Bhway bill. with close to 400 votes for the bill, to be spent on merit," said if those 5 ` ,
~rmarked for 1,449 s p e cial rnad Oklahoma Re p. Tom Coburn, a O t 6 e r, s t i l l u n identified, pro grams pro jects "were such a hi gh priorit y, I,d, 1 p,3p 2 ^tp~~ i 33 ~';7~ 86
~ojects, The bill could come up for conservative who came to Con- will be squeezed down to pay for it the states would be doing them." 1 1 Scurce: ?~ou~ Ttan~~dt'
a vote as early as Wednesday. gress in the Republican class of and make sure the budget stays ~~Who knows better about where 2 1~'~ 9 aNS~t~~
~~No member of the Colorado 1994 that swept Democrata out of balanced, he said. ' the needs are in a congressianal t
$ouse delegation serves on the power, made all those arguments The highway bill is a victory for district?" countered Rep. Roger
Opmmittee, as he lectured the House Thursday. Transportation Committee Chair- Wicker, R-Miss., in defense of S6u- "
M And most of the committee "With every sellout," he said, man Bud Shuster, R-Pa., who chal-- ster's approach. ~L
A
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~y
TOWN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157
April2, 1998
Chris Neuswanger
P.O. Box 5223
Vail, CO 81658
Chris:
At Mayor Ford's request, I wanted to respond to the topics raised in your recent letter and to
thank you for taking the time to share your concerns.
Enclosed is a copy of the managed growth agreement which was signed by the Vail Town
Council and Vail Associates in 1995. I've also enclosed a series of news releases and newspaper
articles outlining the discussions that took place three years ago. At the time, a draft agreement
was negotiated directly between the two parties, which was then presented to the public for
comment. I agree that this process differs from the current Town Council philosophy of
involving the public at the very beginning of an issue, such as the West Vail Interchange,
Lionshead Redevelopment Master Plan, Vail Tomorrow and the Common Ground public
process, which is currently underway. We do believe, however, that ample time was given for
public review of the draft prior to adoption in the Spring of 1995.
One of the benefits of the agreement was the creation of the "Community Task Force," which
was established to assist in implementation of the plan. I've enclosed a list of the current
members for your information. Please feel free to contact these representatives to share your
ideas and suggestions regarding implementation issues.
Not only is this document the only growth agreement of its kind within the Town of Vail, it's the
only one of its kind within the ski industry. We've been told by other ski resort communities that
this document should serve as a model for others. We also have just completed a decade-long
land exchange process with the U.S. Forest Service to resolve boundary conflicts between the
USFS and the town.
As for the future, the Town of Vail has no plans to pursue any other growth agreements, unless
you consider the Lionshead Redevelopment Master plan as such.
In any event, we would strongly encourage you to take part in the Lionshead process as well as
the Common Ground project this spring to make sure your opinions are expressed. If I can
provide you with additional information about those processes, please contact me at 479-2115.
C#w_ RECYCLEDPAPER
L
Thanks again for sharing your thoughts and for acknowledging the Council's commitment to
employee housing.
Sin ly,
~
Su ' verthorn
Community Information Officer
Enc.
cc: Mayor Rob Ford
Vail Town Council
. 19~s
. RECEIVECi~1A~ 2 0
SL..>...~.
P.O. Box 5223
Vail, Co 81658
March 17, 1998
Mr. Rob Ford, Mayor
Town of Vail
75 So. Frontage Rd.
Vail, Co 81658
Dear Rob,
Like many residents, I was most surprised to find out that the Town of Vail had quietly agreed not to
oppose the Cat 3 expansion in exchange for a contribution of $500,000 and some open space land. I
seriously doubt the current council would do such a thing without public input, and am disappointed that
our previous council did this.
I would like to inquire as to three things. First, could I get a copy of that document to review it? I know
nothing can be changed but I am interested in how this thing was put together.
Secondly, I would like to ask if there are any other agreements of similar nature existing out there between
the Town of Vail andVail Associates or any other entity or individual where the Town has given
concessions, political or otherwise, to private individuals or corporations without the benefit of public
discussion. If there are other agreements I would like to ask for a list of them and a synopsis of what these
agreements cover. I am not concerned about minor matters such as might be normally ok'd at staff level
such as setbacks or retaining walls, but rather situations similar to the Cat 3 agreement.
Third, does the Town have a policy or ordinance at this time regarding how to deal with such issues if they
were to be proposed to the Town by V. A. or anyone for that matter. If they do I would like a copy of that.
If not, perhaps it would be useful to consider such a move.
By the way, I think you're certainly doing an admirable job dealing with employee housing. As a mortgage
lender and a 20 year resident of this valley I always try to find someway for a local to buy a piace if they
want one and are at least minimally qualified. Projects like Vail Commons and the planned Red Sandstone
project do a lot to keep Vail iivabte. Keep it up!
If you'd like to call and discuss the above issues my office number is 748-0342. My fax is 748-0125.
Best Regazds,
Chris veuswanger
From: Robert LeVine To: Greg Morrison Date: 4/3/98 Time: 4:16:00 PM Page 1 of 1
TC
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LIONSHEAD MERCHANTS ASSOCIATION
clo Montauk 549 W. Lionshead Circle Vail, CO 81657 476-2601
To: All Lionshead Merchants
From: Gary Boris, Head Honcho Date: 4/3/98 One Page
Lionshead Merchants meetin
g
Thursday, April 9th
10:00 AM'
at Montauk Seafood
Restaurant & Fine, Dining
Establishment
Tentative Aqenda
1. Overview of the Regional Summer Marketing Program
2. The Great Race - come help decide the fate of this
time-honored, debauchery ridden event.
(holy pieface, Batman are we really going to do that again? Gadzooks!)
3. Anything else you want to talk about
Until then,
Gary
~
From: Robert LeVine To: Bob McLaunn Date: 413198 Time: 4:23:48 PM Page 1 of 1
LIONSHEAD MERCHANTS ASS4CIAT14N
c/o Montauk 549 W. Lionshead Circle Vail, CO 81657 476-2601
To: All Lionshead Merchants
From: Gary Boris, Head Honcho
Date: 4/3/98 One Page
Lionshead Merchants meetin
g
Thursday, Apri.1 9th
10:00 AM
at Montauk Seafood
Restaurant & Fine Din ' in
Establishment
Tentative Agenda
1. Overview of fihe Regional Summer Marketing Program
2. The Great Race - come help decide the .fate of this
time-honored, debauchery ridden event.
(holy pieface, Batman are we really going to do that again? Gadzooks!)
3. Anything else you want to talk about Until then,
Gary
04/04/98 SAT 20:12 FAX 9709499227 SHAMROCK Bob McLaurin Z001
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o tLCG~! • tio ~'Z
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VVMA MEETING ~
~
WEDNESDAY, April 8,1998.
;
8:30AM '
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C4LORADO SKI MUSEUM AGENDA ;
;
• HOUSING If you care and/or need employees this
topic concern you. ~
• CHII„I CDOKOFF/FAMII,Y FEST Let's get organized for a 2nd great year.
* VVI A Presenta.tion.
• CONSTRUCTION SCHEDULE Almost final-this will effect you. Can we
do something about the Vista Bahn;;~?
,
C4 AIIXER Kaltenberg Castle on 4/14 @ 5:15 ~
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04/04/98 SAT 20:13 FAX 9709499227 SHAMROCK Bob McLaurin IA002
V~•l, 1 l - c ^ i
Vil(age
Merchant
i
Associatic.~n Po Box 2135. vail. CO 81658 ;
I
NOTES FROM MARCH 11,1998 VVMA.MEETING '
~
VVMA BOARD: John Cogswell is staying on the board and will rehain his seat on the Marketing Boazd Pam
Beckstorm from The Golden Bear will be joining the WMA boazd. !
i
HOUSING: The Town Council has made a commitrnent to the community ta identify both an approriate site? and
funding mechanism for affordale housing by June 30th. Public participa.tion is encouraged through the The C6mmon
Grounds process with the f rst stages for public input schediiled for April 14th from 9-11 at The Cascade and April 16`h
from 5-1 1 at The Sonnenalp Bavaria Ha.us. Please try to attend one session, write letters to the Towri Council, call 476-
1860 and become involved in this VERY important issue. ~
COMMiJNITY SURVEY: A community survey will be going out in the next two weeks, please fill it out. ~
i
it in Avon.
VAIL VALLEY CENiER: This is the ProPosed Pro.1ect going in Fagle Vaii, otherwise lrnown as the stolep°,
There will be 2800 housing units built, 400 which will be affordable units, and 950,000 sq. feet of retail space. The
projection is that this project will create 3700 jobs. The W1VIA is writing a letter with eoncerns about this projeet
which include the lack of affordable housing and where the employees will come from. ;
I
CATEGORY 3: Johnathan Stauffur came and voiced his concerns with this project Along with the environmental
factors are the concems if VA also develops the Gilman Property. The Town of Vail made an agreement in 1996 that it
wouid support Category 3. ~
SPECIAL EVENTS: There is going to be an Elizabetban Festival in August at Ford Pazk. The WMA feels that events
put on at Ford Park have a small effect on the stores in the Village and therefore ha.ve decided not to participate in the
Elizabethan Festival but, to support the Intemational Fest, which will be on an alternative August weekend Still
~
planning the Family Fest and Chili Cookoff. ~
I
TIE GUIDE: If you need anything or have any questions call CT at A La Carte Publishing @ 476-3663 or Kaye @
476-5856_ i
i
99 CHAMPIONSHIPS: There will be a schedule poster out by April. i
I
FREE AFTER 3_ Please participate in this program so it will be jointty promoted. All the papers have the arEwork to
put in your ads. ~
i
SUMIVER CONSTRUCTION: A few things have changed. The Transportation Center, Slifer Plaza, Sibert Circle and
Cheekpoint Charlie will start in April and hopefully will be 90% completed by July 40. The VA ticket area will be
done along with Seibert Circle. Gore Creek Drive overlay will be done aiter Labor Da.y. The Vail Athletic Club
project is off. Hagan Daas will be putting a patio on. The Mountain Haus will be doing minor remodeling. The
Austria Haus will be going on most of this year. Slifer Real Estate and The Golden Bear will be doing interior work
Pepi's addition will be starting in April after Easter.
SPECIAL NOTE: There is so much going on in our valley that it is sometimes hard to keep up with everything. Tbat is
why it is so important to get involved with the issues either pro or con. Please attend meetings, write letter or place
phone calls. This is our last meeting before June as we don't meet in May. Please try to attend so we can make the
necessary plans. ~
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I
"T-ABOR's overflowing tub
ost Colorado voters ap- items as elk licenses because it can
proved the 1992 Taspay- spend the money such fees would
^•1 er's Bill of Rights be- raise to pay for wildlife needs.
cause they liked the TABOR doesn't spell out that re-
~cbection ensuring that their tan rates striction, of course. But TABOR's
".-c'buld not be increased without a vote spending limit can be compared to a'
the people. But TABOR's 1,700 bathtub, filled to the brim. When the
!`"§'vords also included a bewildering bather himself slides into the tub, lus
~'''A'hd overlapping maze of spending egtra volume dcesn't make the tub
'K1iYnits imposed on state and local larger - it merely forces an amount
`jovernments - including conflicting of water equal to his displacement to
.,provisions not outlined in the amend- splash out of the tub! Thus TABOR
"r~ient itself but indirectly incorporat- would allow increased cash funds to
~'from other lawa be spent on wildlife or parks - but
This fiscal maze has produced some only if an equal amount was diverte -poeful and often unintended conse- from highways, schools or some oth-
,~~uences. The most glaring problem is er public purpose.
while TABOft was intended to A much larger problem may loom
irjimit tages, all state or local govern- this fall, when projections indicate
ment income, including cash funds, some state colleges may be forced to
%icbunts against the spending limits. turn away students because the over-
"y-" Cash funds are classic user fees: all state spending limits imposed by
ranging from college tuition to hunt- TABOR may prevent them from
Ing aud fishing licenses. Many such spending the tuition paid by.those
fees are paid by out-of-state resi- students to hire the faculty and staff
clgnts. But TABOR forces even fees to teach them.
.,paid by tourists to be charged against ~le this is a complex problem, it
;.;t pe state's spending limits. dces have a simple solution. Colorado
c The result is that cash-funded voters obviously intended to limit
-"~agencies can't charge what their ser- taxes, not to prevent cash funds ear-
j-)vices are worth because they can't marked for wildlife, parks or higher
~*nd the money collected. education from being used for the
T~,
John Mumma, director of the Colo- purpose for which they are paid. e
' jado Division of Wildlife, demon- Legislature should refer an amend-
~.;strated in last week's Perspective ment to the voters on the 1998 ballot
~ that his agency can't charge a fair exempting cash-funded agencies
price to out-of-state hunters for such from the TABOR spending limits.
Sunday, April 5, 1998
Foreign skiers
~ . .
Are just the
ticket
~
or Col
Forei'gner
f
o. ski
Are,as
helP lift ,
• ~ SKIERS from P national market is win ' e
s k~ areas a g e 1 A ye~,» ~id Jean Ale%ander~~itt~
Colorado is rapidly becoming a ell, international sales director for
sort of Caucun with snow, a force Vail, the nation's largest skiing ar-
By James Brooke in t1?e world's skung economy. In et.
The New York Times three winters, the number of for- "Eighty percent of the world's
VAIL - The high chiseled peaks eig° skiers at Colorado resorts has sgiers live outside of the United
are American Rockies, the resort increased fr°m 6 percent of the to- 5~~," said John Frew, president
architecture is neo-Tyrolean, but in tal to 9 percent last year. of Colorado Ski Country USA. "In-
a few days the language of the lift This skiing sQason at Aspen, ternational destination skiers rep-
lines will be Mexican Spanish. `imkarly one-quarter of all lift tick- resent the most important and
"During `semana santa' you will µ,eta have been sold to foreigners. promising target market for our
hear so much Spanish in the streets, Mon British skiers are e8pected to resorts."
you will think you are in Mesico OU 1II North America, largely Colo- Internationais brin
City," Elena Campa said recently, ' RadO° th$D 1° Switzerland ttus sea- g money
forecasting a large Easter invasion
of wealthy skiers from Megico and "SOme°ne who lives in the. U.S. ~S ~'oup's reseaTCh indicates
points south. "~~f1y ~ a resort anyhow," said ~at the foreign skier visiting Colo-
A pioneer in this new Latin ski- Kopplin, marketing direc- rado spends ;300 a day, the out-of-
ing market, Campa publishes An- ~r for Copper Mountain Resort . state American skier spends =150 a
dando por Vail, a glossy brcehure And, unlike the Alps, we have daY, and the day tripper from Den-
that advertises in Spanish every- guaranteed snow." ver spends ;49 a day. •
thing from furs to ski boots. A n@W WOrId 01'der Fareigners not only spend more,
The number of pages of her Vail theY generaily stay for at least a
guide quickly tripled, and she re- At nearby Breckenridge, news- week, while the average out-of-
cently launched Andando brochures stands stock London tabloids and state visitor skis here for four
for other Colorado resorts, includ- magazines in the winter. And eve days, down from a week a decade
ing one in Portuguese for Brazil- ~ Dec. 31, the Breckenridge Hilton ago.
ians who flock to Aspen. ~ has a New Year's party at 5 P.T. "It's a big holiday for them,"
' - timed to coincide with festivi- said Jim Felton, spokesman for
1~iease see SKIERS on 25A ! ties in gritain. Breckenridge, a resort that sells
The British attachment to Cola" about 10 percent of its tickets to
rado has grown so strong that in foreigners.
June, British Airways will begin di- Tbe international influence can
rect daily service between London be felt across the Colorado
and Denver. Negt year, Lufthansa Roclues.
is espected to begin direct flights "You close your eyes, and you
between Frankfart, Germany, and think you are in Brazil - 95 per-
Denver. cent of the conversations are in
Copper Mountain offers currency Portuguese," Alegandra Lichten-
egchanges, restaurant menus in berg, a businesswoman from Rio
half a dozen languages, and in- de Janeiro, said on a recent snowy
structors who can teach skiing and afternoon at the Club Med in Cop-
snowboarding in German, Portu- per Mountain.
guese and Spanish. "I was renting my skis and I ran
The desire to integrate Colorado into someone I gnew from Rio;
into the world skiing economy is then I ran into a girl I knew from
driven by the search for pmfitable Sao Paulo 25 years ago," said Lich- ;
zr0wth• tenberg, who came to Vail and '
"Where the domestic market is Copper Mountain with her sister, ~
3t, or growing slightly, our inter- Wendy, and their faur sons.
~ <;
" ~ -
';rf d tk'~ _ +'g' i~-} •
.
V ~
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1-- _
oemer aon pwtos i jon„ ePP.,w„
A row of townhouses on the eaat side of Estea Park sits in the ahadow ot Rocky MouMain National park.
MOUNTAIN
CAP
.
Lin itin ~
g
owth RM
gr
on ballot
By Coleman Comelius
oerner Poac stan wMer
esidents of this toutist towt?,
~ Rthe gatewaq to Rocky Moun-
tain National Park, agree that
they live here for t6e breat6-
taking highcountry scenery, t6e
abundant wildlife and the sense of
small-town community.
But t6ey are sharply divided over
how to manage the mountain town's
growth to
ESTES PARK Ts"in'
attributes.
T6e debate has reached a fever pitch
in advance of Tuesday's municipal
election, when Estes Park voters will ~
consider an initiative that would limit
the increase in residential rnnstruction
to 1 percent a year.
Under the measure, the number of
new single-family homes, apartments,
rnndominiums and other dwellings
within town limits would be -.F. ,
dramaticaily testricted. 4-- • ~
If approved, the growth cap would
cut by nearly 75 percent t6e number of
residential units that could be built in
Estes Park neat yeaz. In 1998-99, a , ~ •w _;'"r w
mazimum of 28 residences could be `
constnrcted, down from 106 units in
1997, town leaders estimated. Elk 9raze near a hotel on the northeast side of Estes Park last week. Some
The initiative also would require t6at People feel that unchecked development will run off the wildlffe.
t6e town issne one building permit for
eac6 residential unit -makinq it very measure, Estes Park wouid join Patrick Cipolla, a 56-yearold Air
difficult to build multiple-unit Arvada, Golden, Boulder and Aspen as Force retiree, spearheaded a petition
mmpleses such as apartments and Colorado municipalities using strict drive to get the growfh cap on t6e
condominiums. growth caps to limit residential ballot.
ThaYs because just one complea COnstraefioa• Cipolla, w6o has lived in the area for
might re9uire the t°wn's entire annual And even if the ballot initiative fails,
quota of building permits Now, a Estes Park has 'oined countless ot6er ~t years and in t6e Wwn of Estes for pro
builder ect, ev oeif t~c perrait for each Colorado towns and cities grapp)ing ~~eb ~ua ye S
multiple with the thorny issue of how to manaBe
un uts. scenery and aeose of rnmmunity.
If voters approve 8i'o~ ~ P~rve the qualities that
tbP controversial draw new residents. ol Please ste ESTES on 7B
0
Mountain
town set ~
to vote
t r
growth
on .
. -
ESTES from Page 46 -
He views the growth cap as a proactive
step to protect Estes Park's qualities.
"I'm in love with the mountains and the
animals - it's like living in heaven," Ci-
polla said, "but if we don't manage
growth, we're going to ruin what we
have."
But opponents said a growth cap could Air ForCe retiree
create a domino effect of other problems PattiCk Ci 0118
- including soaring housing costs, the in- 6=: P ,
ability of people to live in the town where above, is the Este8
they work and rampant development in Park resident
the county surrounding Estes Park. speerheeding the
The measure's fces point to Aspen and res0lution to limit
Boulder as cities where growth limitations residential growth.
have caused such problems. Real estete ageM
"I think this is a simplistic solution to a EriC BleCkhurst, et
complex problem, and it will make mat- left, is pres'ident of
ters worse, said Eric Blackhurst, a local the Fonward EStes
- Realtor and president of Forward Estes Perk Foundation,
Park Foundation, a group that opposes the whiCh 0
growth cap. growth pmes
ts
A tourist town
John Epperson
1 Estes Park is a tourist town with a sub- rne oemer Posc
~ stantial number of part-time residents. It
has a permanent population of about 5,200;
3 the larger community, known as Estes The town's trustees and the Larimer sponsible Development, which supports
5 Valley, has about 10,000 permanent resi- County commissioners recently signed a the initiative.
9 dents, according to city estimates. position statement opposing the growth
2 Since 1990, the town's population has cap on the grounds that it could spur Without a stronger ordinance, he said,
grown from about 3,700 permanent resi- Estes Park is in danger of following the
sprawl in Estes Valley. will of every developer who comes along."
dents, a 41 percent increase. In the same
time, the population of Estes Valley has A call for planning Many opponents also argue that the
5 grown from about 9,100 residents, a 10 growth cap would infringe on the rights of
2 percent increase. They argued that comprehensive plan- property owners to build on their land. For
1 Many of the recent newcomers are retir- ning is the best way to manage growth instance, some fear the cap would scuttle
3 ees or professionals who telecommute, ac- While maintaining town character, open their plans to build retirement homes on
g counting for an increase in lusury homes space and affordable housing. land bought for that purpose.
1 in Estes Park. The average cost of a new Effective tools include density require- Supporters, however, tlunk the common
home in 1997 was $209,467, according to ments, conservation easements, and limits good is more important than an individu-
3 city data. on zoning variances and steep-slope devel- al's property rights.
I Opponents think the growth cap would opment, all of which are part oF Estes
~ drive that average cost even higher by Park's new comprehensive plan, adopted Initiative fces, inetuding some longtime
limiting the supply of homes available in ln December 1996, said Town Administra- residents, said they appreciate the stable
town. tor Gary Klaphake. economy that has accompanied recent res-
~ Cipolla countered that those who object He said those growth-management tools idential growth, making it possible to earn
including members of the town's board will change the face of construction in a living in town.
~ of trustees - have a vested interest in town, while a growth cap will merely slow But continued development could threat-
' growth because many are builders, bank- its pace. en the town's economic base of tourism be-
ers, reai estate brokers and business peo- But growth-cap backers said there is no cause the small-town charm that draws
i Ple• mechanism for enforcing the comprehen- visitors will wane, Aiicholas argued.
3 "The government 6ere ought to be re- sive plan, and that town leaders are ignor- "I want to see slower growth so there's
2 sponsible stewards of the land and wild- ing the very management tools they tout. something left for future generations," he
g life, but all they want to do is build and "The comprehensive plan dces not have said. "We don't want to jam things in so
build," he said. "This place is run by greed, the force of law; it's just a wish book," said tighC'that it's no longer an enjoyable eape-
_ by money, and it's a shame." Ralph Nicholas of the Association for Re- rience to come here."
X~ ~ COt,~,fr,cc.L
~ 2J ~
SMARTS
~ Over for the Nuggets?
-
is
it ~until we saY
,
~
Tco.nfident ver Nuggets' sea- sort Senrices and discovered that n countdown continues it reeked. When they complained,
d Street Smarts is still the managers did everything
that a record- wrong in a service industry that
-sttatEeruig;lOth win is in the game needs to help people avoid hassles.
' plan. If they didn't kick Utah's butt They doubted the report that the
~ Friday night, or send Seattle pack- room smelled awful. They said it
~ ing at home tonight, Street Smarts couldn't 6ave been a cat because
,is,predicting;a.huge home game pets aren't allowed. They sent a
4 ~ againsC Houston on Tuesday. feilow with a can of spray scent to
Barkley,Schmarkley. _ mask the cat smell, as if that
eatrantsin our would.help. (That feliow confirmed
~ Hug-A-Nug contest, who submitted the terrible odor). They sent a rep-
+gnlrieB;smera~ resentative over
-4- 4' ks ago; Pln who asserted
;4 • ned 3;hen' #tRpes. that she detect-
2 ,#c?~;a;~a~ical ed "a faint
~.aQxh vioctory opi. smell" but noth-
~ : ~heupeemiag ing untoward.
'i- amento And they
*aadPaILas . . couldn'tswitch
' •=games. '.`It.will rooms because
l~e~ou April . none were
~ versus Sacra- available.
mento," wsote,', So our intrep-
KepHuctt@r id would-be va-
C fT9m Golden. cationer got
;f' ~10 haPPens down on his
~ at:all hands and knees
-°rBuck up, Kea and began his
Tn quoEe John vacation by
~ ABelushi's inspi- sniffing the rug
rationat and YV of the condo nn-
historicaily til, just outside
Ilawed, speech the bathroom
I,:_ as Bluto Blutar ~ door, he found
"ky in "Animal yyhen the going gets tough the damp place
House": "What? _ where some-
. er? Did you say over? Nothing's thing very much like a cat had in-
over until.we decide it is. Was it deed peed.
over vehen •the Germans bombed Finally, after three hours of
RSari Harbor? Heli, no. And it ain't fighting the very people who were
- ever now. Because when the going supposed to help them, and trying
gets`fongH;"the'tough get going. to contain a 4-year-old child, the
Who's with me?" family was able to check into an-
~ Smelis like poor service other room - which did esist after
all. Ah, skiing.
Ah, skiing. The glow of a sunset
over the mountains. The rustic Business going downhill
lodging for a Baby Boomer family Steve Horwitz wants to get
of Chree. business owners and managers out
The stench of cat urine. of the o#fice and onto the slopes.
This was the experience reported Horwitz, a.k.a. the "Magnet
WStreet Smarts by someone who Man" and owner of Magnets 'n
took his family skiing at,,St at More in benver, is forming a ski
Springs for ttu`ee days. and snowboarding club for business
ot- people to "learn and share ideas,
are solutions and problems while
boarding and skiing." Membership
their ~ is free, Horwitz says in his press
spott.~ release, noting that "April is the
; The would-be skiers drove from best boarding month!!!"
; Denver, checked-into the room Horwitz can be reached at
rented to them by Colorado Re- 733-0299, or fag, 733-8799.
~
17
k
~
The Eagle Valley Enterprise a9e 5
April 2, 1898
Town of Vail m ay foul big plans for Edwards parcel
Vail council members are equestrian center, a 25- acre high school parcels in the Edwards area as a whole, just depends on who buys it and what
site; a 40-acre recreational parcel, 28 has the ultimate regulatory authority happens with that. There are)ust tons of
talking about selling their acres of housing, an elementary school, over the properties. legal questions."
the current middle school and 40 acres The Joint conceptual plan stems from Since the V ail councll meeting mental
occurred
reement
over share of Berry Creek land Miller nRanch pazcel dge of the ~~e ne ~e°Eagle County Rec eation district o cials are still trytng to g ther
By Dav i d 0. W i i l iam s 108-acr Vail Town Councff members Sybll Authori ty - t he c o n s o r t i u m o f m o r e i n f o r m a t i on on what exacUy was
Errterprise coMributing writer Navas and Ma yor Bob Armour raised governments that own the Berry Creek discussed.
plans to jointly develop the Berry concernsthatgoingaheadwiththeJoint property - and the school district. The 'I~vocounc i lmem bers-MichaelArnett
Creek Fifth and Miller Ranch properties conceptual plan could inhibit Vail's other fundingpaztnersbrou~t together and Kevin Fotey - were absent, so the
at Edwards hit a snag last week when efforts to sell its Berry Creek interest, by the rec authority include the county, remainder of the council elected to
TownofVaffoflicialsbalkedatapproving and that the sale of Vall's share could the Town of Avon and the Arrowhead, postpone the decision, which also
a conceptual plan because the town is adversely impact the plan. Beaver Creek, Eagle-Vaff and Singletree involves an intergovernmental agreement
looking at selling its shaze of the Berry °Thebottomlineisthatthecouncffis metro districts. School district to redistribute the parcels'ownership for
Creek parcel. very torn on whether to jump into this spokeswoman C~dY P~On said it's development, until the Tuesday. April 7
Vall, which owns 60 percent of the (p~) ~th both feet or whether that unclear how the sale of Vaff's share meeting. "The predicting is very hard to
105-acre Berry Creek parcel, has veto ould bog things down," Vail could affect plans for the properties, but do, especially when you're talking about
power even though the other funding S~keswoman Suzanne Silverthorn said. that the school district will proceed as if the future," Vail attorney Tom Moorhead
partners haye already approved a joint ~In other words, whether gotng ahead 1Ys business as usual. "Fazther down said. "I think you could make an
plan for the two properties. Eag~e County selling the towri s share would mire the line we may have to change our argument either way as far as whether it
School District Re-50J owns the Miller the planning process." minds and change our plans depending (approving the plan) would inhibit or it
Ranch parcel, which already holds a The county, whose planning staff has on who the buyer is." Paxson said. "It would enhance (the sale)."
middle school. The joint plan calls for an long advocated considering the two
Caruthers seeking Republican
nominatio n for co u nty assessor
ome ~ ~ ~en_
Former assessor, Jody Caruthers has - '
announced her decision to seek ttie Re- •
publican nomination for Eagle County
Assessor. Caruthers, a native of Eagle
is a 12 year veteran of the assessor's Friday, Saturda ~ Sunday
office including one term as assessor. wN. , y
She has worked in all sectors of the de- ~ Apri13~J,1998
partment and understands the need for
each sector to function together to pro-
vide accuracy and equity within the as- at the Glenwood Springrs Mall
sessment roll. Under her direction, the , in West G?enwood Springrs
RICHARD F. "DICK" MUTZEBAUGH ~ R~7cEIVED ApROMN~TT
State Senator ~+Fi ~
Chairman of:
9965 South Wyecliff Drive Transportation
Highlands Ranch, Colorado 80126 Vice-Chairman or:
Home: (303) 791-4063 - judiciary
CapitoL• (303) 866-4866
Member of:
_ Appropriations
~rnttfr (~I~ttmhrr
#itttr nf (lnlnrttbn
Ornnrr
March 30, 1998
Mr. Robert E. Ford
Mayor
TOWN OF VAIL
75 S. Frontage Road
Vail, CO 81657
Dear Mayor Ford:
Thank you for your letter regarding House Bill 1200, Local Marketing Districts.
HB 1200 has passed both houses.
I understand your concerns and hopefully if this legislation goes through it will allow
communities to decide what is the best way to fund their marketing.
The views of my constituents are very important. Please let me hear from you.
Sincerely,
Ika- Richard F. "Di k" utzeba h
RFM:cI
I
RECEIy~ qp~ s a
RICHARD F. "DICK" MUTZEBAUGH ~ COMMITTEES:
State Senator ~i
Chairman of:
9965 South Wyeclitf Drive Transportation
Highlands Ranch, Colorado 80126 _ Vice-Chairman ot:
Home: (303) 791-4063 _ ~udician
CapitoL (303) 866-4866 _
Member of:
_ Appropriations
~Pntttp (~httmlrrr
#itttF nf (IInlnrttbn
~pnnrr
Apri13, 1998
Robert E. Ford, Mayor
Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Mr. Ford:
Thank you for your recent letter encouraging my support for HB 98-1200,
Local Marketing Districts.
This bill passed the Senate on March 26 with some amendments. It is now in
conference committee to iron out the differences between the House and
Senate amendments.
Thanks, aga,in, for writing and sharing your views with me on this legislation.
Sincerely,
Ri4ar i 1V~u gh
RFM:acm
From: To: Suzanne Silverthom Date: 416/98 Time: 23:40:43 Page 1 of 1
The
CHAMBER
Of Commerce
Don't miss....An Evening's Affair!
On Saturday, April 1 lth, 1998, from 7pm to midnight, the Cascade Hotel and Club will open
its doars to The Chamber of Commerce and its l" Annual "An Evening's Affair" Charity
Ball.
This "Creative Black Tie" event will offer a spectacular fun filled evening with food, wine,
champagne and cigars. Starting at 7:00pm, executive Chef Rick Albaaugh will prepare
specially selected dishes to please the most discriminating palate and complement the
evening's wine choices from Stonestreet Vineyard & Winery. After dinner, until midnight,
live music by JD and the Love Bandits will rock and roll as you rip up the dance floor.
Don't forget to sip some bubbly at the champagne bar sponsored by Moet & Chandon, or
relax in the cognac and cordial room with a cigar and a snifter of Hennessy Cognac or Grand
Marnier. And of course make a bid at the silent auction with donations from over 20 local
businesses. '
An Evening's Affair is presented by The Chamber of Commerce and is designed to benefit
the Business Education Partnership. This non-profit organization is a grassroots group from
the Vail Valley dedicated to "developing resources in support of education". Enjoy all the
evening has to offer while supporting a progam for the children of our valley.
Sponsored by: The Vail Cascade Hotel and Club, Schieffelin & Somerset, Stonestreet
Vineyard & Winery, The Vail Daily, Caldonian Investment, Fourth Mesa, Peterson
Consulting Group, Slifer Designs, The Blue Moose, Vail Center for Physical T'herapy,
Alpine Bank, l't Bank, Kenny's Double Diamond, The Vacation Channel, TV 8, and West
Star Bank. An Evening's Affair tickets can be purchased for.$75. Or you may become a
sponsor by purchasing a table of 8 for $750 or a table of 10 for $900. For further information
or ticket sales, call Event Promotional Sports Marketing (EPSM) at (970) 926-1494.
i
CML schedules
new Outreach 98ieries
of informational meeti ' n this spring
gs W hat is CML Outreach 98? North Front Range-Longmont: munity Involvement-Working with
It's a new, informative. Friday, April 24, Lon-mont Safety & the public
and convenient way for Justice Center (Community Room), On the Horizon-CML annual
municipal officials and 225 Kimbark Street conference and pending workshops
staff to get together informally and Northeast-Sterling: Thursday. We're Here to Help'. Review of
discuss local issues. Attend one of six April 30, Sterling Fire Station (Con- CML Services
regional Outreach 98 me'e tings de- ference Room), 400 block of N. Sth How Are We Doing? Suggestions
signed to provide added access to Street. The District 1 Spring Dinner on how CML can improve its member
{ CML staff and programs. Meeting will be held tl2e same night in service
' Mail Sterling. Notices for the dinner meet- ~ The meetings take place from 11:30
da ing will be rnailed separately. a.m. to 2:00 p.m. and a Iight Iunch will
Recreat~ Be prepared to come discuss the be provided by CML. Notices have
Drive ~ following topics. been mailed to managers, clerks in
West-Grand Junction: Thursday, What's Going On? A round-table municipalities without managers, and
April 16, Grand Junction Chamber of discussion of issues and activities in mayors asking them to distribute
Commerce, 360 Grand Avenue (base- each municipality copies to other elected officials and
ment conference room) What Does it all Mean? Summary staff. Anyone is welcome to attend.
Southwest-Durango City Hall: of selected new laws and pending bills RSVPs should be coordinated through
Friday, April 17, (Council Chambers), of particular municipal interest your manager or clerk by caliing 17
949 E. 2nd Avenue Spring into Action! Defining "The CML's Cazolyn Jefferson at (303)'°
Southeast-Pueblo: Wednesday, Growth Problem"-How can munici- 831-6411. RSVPs are required three
April 22, Pueblo City Hall (3rd Floor palities be part of the solution? Com- days before the event. We look for-
Conference Room), 100 N. linion ward to seeing you!
V~1.Uj ll1(.~tJ
Annual Elected Officials' Workshops • The Basics of the TABOR AmendmentG1
•
coming in May to Front Range, West Slope • Introduction toicML Services
; Upcoming local spring elecrtions for many Colorado • Roles of Elected Off cials
i municipalities means that CML's Elected Officials' Work- • CounciUStaff Relationships
i shops can't be far behind. Once again, CML will be pro- • Effective Teamwork and Communicarion
! viding two workshops-one on the Front Range and one
, on the West Slope-to more broadly cover the needs of Additional infortnation and registration forms aze be-
; our members. Those dates are: ing sent to every municipal elected official and various
' • Saturday, May 9, at the Franciscan Event Center in En- municipal staff inembers. Look for the brochure and plan
' glewood on attending one of these important workshops.
• Saturday, May 16, at the Hotel Colorado in Glenwood Date set for District 1 spring dinner meeting
Springs District 1 officials and the City of Sterling are prepar-
Traditionally, these all-day elected offici'als' workshops ing for this year's annual spring dinner meeting scheduled
combine topics that aze relevant to both newly elected of- for Thursday, ApriI 30, at the Sterling Elks Lodge begin-
' ticials looking to hit the ground running, as well as vet- ning with a hosted social hour at 6 p.m. The meeting will
eran officials who might need a refresher on the roles and be hosted by Bill Finch. District 1 president and Sterling
relationships of elected municipal leaders. mayor. The social hour is being sponsored by Centennial
Program topics will include: Leasing and Norw6st Bank, both CML associate mem-
• Parliamentary Procedures: What You Need to Know to bers. Notices and registration information for the dinner
be an Effective Participant in CounciUBoard Meetings meeting are being sent to all District 1 municipal elected
• Conflict of Interest ana Open Meetings Laws officials as well as various municipal staff.
March 27 1998 CML Newsletter 5
r, ~ • ~.Ctvtit.~.
CONGRESSMAN SC TT
O I"~CI NNIS
April 7, 1998 Apr- n .
Baileyi;,~,~;;u~,
Black Canyon Fire Station
60298 U,S. Highway 285 _ _ :
2.0'0 Noon
Frisco
L~~ U i CL I I ~ Ll
Summit County Community Center Buy r,_ i'~ t.n~'~ F~_ .
110 Third Avenue s .
x:30 pm G`~ al' e'
April 8, 1998 Pagosa Springs
Avon ArchuietaC~ nt' `ouTr,`„~
To n Hall Pagosa St, ee
400 Benchmark, Road ,SCOtt McInnis
12:00 Noon
Rifle e Aaril 16. 1998
High S hoo'i auditorium Monte Vista
350 Pei7-ontaine Avenue Coming to your -
;:3C Dr I ~'0 _ .
a area soon for a - r
t.
Community Alamosa
April 13, 1998 _ ;
Grand Junction - -o~
Redlands Middle School meeting
. JU,T ee
2200 Broadway _
^:00 pm 5: J pn-,
April 14, 1998 A~ i` _i 7 , 1998
Walsenburg
Delta T
~ity Council Chambers 1O\~''
360 lain Street S2_ Albel A' Jenue
9:30 am
_12:00 Noon
Montrose Pueblo
City Council Chambers Con~•vent~on Centet-
320 `.en` al Main
433 South First Street
.von
x'30 ~m
J..iV
r
35N3dX-, N3AVdXVi lb a31IV4: aNV '03HSn9llo 'O3tiVd3i+d SbM, 9NIlIVw SIN1 113NN0D,O 311V)i A8 OlOHd
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.D.W ss3rvisn8 IVIJIjjQ uINf11210dd0 NH 39 lliM `JN1133W i1f10
gI gOZ 'D Q'NOIJNIHSdM 'SNOiNido ano). 3mvn I 'NOi`.JNIHSVM
. _ ~ S3nIld1N35321d3Z{ JO 3snoH NI 3nIlV1N3S3Nd3d 21(10J. Sb/
S31dls o311Nn 3Hl 30 SS321)N0D 'aN31aj 11v3a
~ OFFICES TO SERVE °T~U~
215 Cannon House Office Buildin 25 North Fifth Street, Suite 702
Washington, D.C, 205 I 5 ~ nd Junction, Colorado 8 150 I oor 202. 225 . 476 I 970.245.7107
*vvr* - ~ ~
.
~
CI Main nal d .
~
0 08 I ~
Pueblo Union De ot
p Hotel Colorado
134 West B Street 526 Pine Street, Suite I I I
Pueblo, Colorado 8 I 003 lenwood Springs, Colorado 81601
719,543.8200 L
970.928.0637
Or- visit us at 'Aww, house.gov/mcinnis
a
CML
~
UAT 11 1
1998 session winds down;
surplus debate pending
lnside by Sam Mamet, Associate Director the League-supported HB 98-1296.
But the key issue yet to be resolved
Statehouse T he state Legislature's session is via HB 98-1256 and SB 98-170,
adjoums on May 6, so just and it involves the debate as to
Re Q/'i' about a month remains. whether to invest or divest the
p Municipal officials can be pleased above-TABOR state revenues of
with the work of the General nearly $1.8 billion over the next
¦ Transportation Assembly thus far. We conrinue to five years.
investment acka @ receive a favorable reception to our While the League supports both
p 9' concems, and that is due to your measures strongly, it is unclear
tied up hard work in lobbying lawmakers. right now how this will shake out
page 2 Invest or divest? on the Senate floor. The Senate
Democrats appear to be holding out
The Senate floor is where the key as a block on the two bills, and a
¦ Transpo money action is right now. First of all, by group of Republicans is adamant
within TABOR limits? the time you get this, the neazly against a de-Brucing question and
$11 billion "long bill" will be seems to prefer tax cuts.
page 2 before the enrire Senate for action
before it returns to a JBC confer- Already one permanent tax cut, HB
¦ CML' CCI push for ence committee. 98-1065, will reach Gov. Roy
Romer's desk shortly. This measure
p/umbing a/ternatives Key issues in the state budget for reduces the state-not local-sales
page 3 municipal officials include a$2 tax on phones. It will cause a per-
million increase for the affordable manent revenue reducrion of nearly
v Loca/ marketing bill housing loan and grant program; a $70 million annually to the sta.te
passes Senate $2 million increase for tourism pro- base. The League fought provisions
motion; a$1 million increase for of the bill that would initially have
page 4 the small community wastewater reduced county and municipal sales
treatment program; $93.1 million taxes on phones. CML and CCI
¦ Rocky Mountain for municipal HiJTF receipts; and were able to beat this back in the
presidential primary? $28•6 million for fire and police Senate, and that amendment only
pension payments. secured nine votes.
page 6 School districts will be asking to The League still has serious con-
increase school finance appropria- cems about the measure's impact
¦ House kills bill rions, and the governor is pushing as a permanent tax-base reduction
for a$1 million increase in the ~at will im ede additional dollars
proposing gas dereg League-supported YCPI program p
page 6 administered b Local Af~airs. This being invested into state and local
Y transportation needs. Romer is
increase would be earmarked for likely to veto the bill.
early childhood ventures as part of
.
Transportation used to address the growth-related infra-
structure and capital needs. At this
investment package point, the Senate has adopted some of
tled up the permanent tax-cut bills--phone tax ,
reduction, farm equipment, and donated
Statehouse Report is After several hours of wrangling over food tax reduction--but hasn't acted on _
the course of two days and amendments the property tax/income tax proposals or
published regu/arly by made, defeated, and reversed, the voter- the permanent cut in income tax. the Co/orado Municipal referred investment package, HB 98- Wbile the Senate attempted to resolve
1256, is still awaiting final action on the these issues and take final action on HB
League during floor of the Senate. There is no con- 98-1256 before starting on the long bill
fhe Co/orado General sensus as to what the package should (the state budget bill), they were not
contain. successful and it is likely now not to be
Assemb/y session and As currently amended, the bill would taken up again until after the Senate
mailed first class earmark $180 million a year for five completes its action on the budget.
io municipa/ officials. Years of the state's TABOR surplus rev-
enues for transportation, kindergarten HB 98-1256: Retention of State Rev-
Publicaiion is from through 12 capital construction, and enues
the Lea ue offices at higher education capital construction:
Anderson, R-
g $100 million, $60 million, and $40 mil- Lakewood; Sponsors: SenRep. . Dottie Norma Wham, R-Denver
1660 Lincoln St., lion respectively. The transportation
money is shared on the 60 percent state, Position: Support
Suite 2100, 22 percent county, and 18 percent Status: S. 2nd Reading
Denver, CO 80264-2101. municipal formula. Staff: Jan Gerstenberger
CML staff can be There seems to be general support for an
reached af investment package of some sort, ONE
although there are a few staunch oppo-
(303) 831-6411; nents to any sort of investment, but Transportation money
FAX (303) 860-8175; there are struggles over how it should be
shaped. Main issues of debate include within TABOR limits'
.
e-mai/: cml@cmLorg whether more, and how much, should
go to transportation; whether higher Municipal officials are keenly interested
education capital construction should be in receiving additional money for trans-
copyright @ 1998 in the bill at all versus those who portarion from the state, money that is
Co/orado Municipa/ believe the bill is unacceptable unless it available between the 6 percent general
is in, and with a significant amount of operaring budget and the TABOR limit,
League ftmding; whether the state's share of the and can be spent without going to the
~ transportation funds be earmarked for its voters for approval. Business, govem-
~
Strategic Investment Program generally, ment, and citizens interested in addi-
ff-y'rnmrmTuyfvfrm or more narrowly for transportation pro- tional funds for transportarion have said
jects with the limitations contained in that the state should fund this critical
last year's SB-1; and should the total need with existing resources, an
investment package be increased to increasing possibility with the state's
$220 million per year from the currently healthy economy. Sen. Norton's SB 98-
proposed $180 million. 170 is consistent with that philosophy. It
puts additional money from exisring
Complicating this all is the lack of con- state resources into state and local trans- sensus on where the state will end up on portarion needs without raising taxes as
broader tax policy questions like had been proposed in the ill-fated 1997
whether the state should reduce its tax ballot proposal.
base and/or taac rates and eliminate the CTN
anticipated surplus, or whether this As amended, SB 98-170 would allocate
growth-generated revenue should be $100 million through the capital devel-
2 CML Statehouse Report April 3, 1998
MMNI
opment committee for one year only, for
state, county, and municipal highway
needs. There is already budgeted an CML, CCI push for
additional $100 million in the state's
budget for next year although it is plumbing alternatives
uncertain if SB 98-170 or HB 98-1202 County and municipal building officials Important Phone
would be the authorizing legislarion. have joined forces with the League and Numbers
Local officials strongly support SB 98- CCI to push legislarion allowing local
170 being the bill since it contains a govemments that do their own plumbing
local share-back provision and HB 98- inspections to approve alternative mate- General Bill Information:
1202 does not. State transportation pro- rials. (303) 866-3055 or
jects have received over $1 billion dol-
lars of state general funds from SB 97-1 Thanks to the hard work of Rep. Jack House: (800) 811-7647
and single-year appropriations. Taylor, R-Steamboat Springs, and Sen.
Dave Wattenberg, R-Walden, we may Senate: (888) 473-8136
Further, SB 98-170 is preferred since it ~et this new ability before the session
provides additional funding for trans- ds next month.
portarion. The second provision in SB ~ House Democrats and
98-170, as amended, is that SB 97-1 is A bill that was approved Apri12 in the Republicans:
extended an additional six years, with House Appropriations Committee by a
the six-yeaz extension moneys (not the 8-3 vote, HB 98-1220, contains this lan- (303) 866-2904
first five years) being shared 60 per- guage. Initially, the state plumbing
cent/state, 22 percendcounty, and 18 board was opposing the bill. We now Senate Democrats:
percendmunicipal. This would extend believe they do not. This additional
the allocation of 10 percent of the state power will finally enable local govem- (303) 866-4865
sales and use tax, sales and use taac rev- ments to approve more environmentally
enues generated from autos and auto- friendly products and materials that may Senaie Republicans:
related purchases, for transportation pur- be more cost effective than those specif-
poses. As introduced, the bill not only ically authorized in the state-sancrioned (303) 866-4866
extended the set-aside but increased the wniform plumbing code (LJPC).
allocation from 10 percent to 15 percent. It will enable counties and municipali- Legislative Council:
The increase was deleted. Also deleted ties greater flexibility on working with (303) 866-3521
was the state surplus provision which local developers to enhance the afford-
would have required voter approval. ability of housing in the state. This was
It's time to recognize the intenelated- exactly an issue three years ago in Eagle Department of Loca/
ness of the network of streets, roads, and County involving approval of the Affairs:
highways and use the statewide-gener- "studor vent" as part of an employee
ated revenues to pay for system-wide housing project in Eagle. (303) 866-2771
needs. SB 98-170 does that. Contact Union interests may continue to oppose
your Senators and urge a yes vote- the bill, arguing that there should not be Governor's Office:
more money to state and local trans- a digression from the UPC at the local
portation needs from the state. level. An altemative approach would be (303) 866-2471
to require the state board to review and
SB 98-170: Increased Funding for approve alternarive materials; something
Transportation
Sponsors: Sen. Tom Norton, R-Greeley;
Rep. Norma Anderson, R-Lakewood
Position: Support
Status: S. 2nd Reading
Staff: Jan Gerstenberger
April 3, 1998 CML Statehouse Report 3
the board has been generally unwilling the state budget for statewide tourism
to do with some limited exceptions. promorion. The money is being ear-
Please write lawmakers and urge sup- marked off of unexpended cash funds in
port for HB 98-1220. the Secretary of State's office. That
move received 47 votes in the House
last week and is awaiting action in the
HB 98-1220: Plumbing code changes Senate. A late bill is expected anytime
Sponsors: Rep. Jack Taylor, R-Steam- directing how these additional tourism
boat Springs; Sen. Dave Wattenberg, R- dollars are to be spent by the state
Walden tourism authority. CML supports this
Position: Support funding increase and will be working to
Status: H. 2nd Reading. sustain it in the Senate.
Staff: Sam Mamet
HB 98-1200: Local marketing districts
Sponsors: Rep. Jack Taylor, R-Steam-
boat Springs; Sen. Dave Wattenberg, R-
Locai marketing bill Walden
Position: Support
passes Senate Status: conference committee
Once again, we recognize and thank leg- Staff: Sam Mamet
islators Taylor and Wattenberg for their
good work on behalf of local govern- mom
ment interests, this rime with the local
markering district bill, HB 98-1200. Late bill looks to
If adopted, this legislation will allow im rove im rovement
local govemments working individually p p
or in concert with other local jurisdic- C,IStPICtS
tions to raise local revenues for tourism
promotion and markering. The bill A late bill proposed by Mesa County
passed last week with strong Senate will make many positive changes to
support. county and municipal improvement dis-
It is pending action in a conference trict powers, including enhanced inter-
committee to iron out details regarding govemmental cooperation between
the scope of the tax to be levied. The Jurisdictions in their formation; the
Senate's version is a broad-based ability to expend dollars for mainte-
tourism tax. The House passed a version nance and operations, as well as the
of the bill with only a narrow lodger's actual construcrion of improvements;
tax. This major difference will have to and many technical changes long
be worked out before the bill can be sent overdue to the statutes.
on to the governor, where his signature T'he League believes that strengthening
is expected. these laws and making county and
Testifying in support of the bill have municipal authority virtually the same
been municipal officials representing wi11 provide a handy altemarive to the
Vail and Estes Park. The Colorado crearion of addirional independent Title
Association of Ski Towns is also a 32 special districts.
strong supporter of the measure. If you would like a detailed summary of
We also want to recognize the good the legislarion, contact Sam Mamet
work of another lawmaker, Rep. Carl either by voice mail or e-mail
Miller, D-Leadville, who along with (smamet@cml.org) with your fax
Taylor secured an extra $2.3 million in
4 CML Statehouse Report April 3, 1998
number and we will fax something out offered by the state Department of Cor-
to you. rections.
We appreciate the help of Sen. Bishop
and Rep. Gayle Berry in helping county HB 98-1293: Veterans preferences
and municipal govemment interests with Sponsors: Rep. Ben Clarke, D-Denver; ~
this measure. Sen. Jim Congrove. R-Anrada Gef connected.
Position: neutral
SB 98-184: improvement districts Status: conference committee, mtg. For ihe latesi information
Sponsors: Sen. Tillie Bishop, R-Grand April 6 at 9:15 a.m. on legislative matters,
Junction; Rep. Gayle Berry, R-Grand Staff: Sam Mamet
Junction check out the fimely
Position: Support ONE updates on
Status: S. Local Gov't. Comm.; hrng. CML Connection. Get
April 9 at 9:30 a.m. Bi11 to create youth
Staff: Sam Mamet up-to-the-minute status
mentoring program for important bills, and
This measure, strongly endorsed by remember: CML Con-
CML's Youth Issues Committee (Fort Measure seeks to Collins Mayor Pro Tem Will Smith is nection is now available
assure veterans committee chair), creates the Colorado through the Iniernet.
Youth Mentoring Program under
preference DOLA's YCPI program. The initiative is More ihan 30 cities and
to provide state funding for community- iowns currently use the
This bill, submitted at the request of based youth mentoring services that
various veterans groups, specifies that tazget at-risk youths and use adult vol- system to get timely
an applicant for local govemment unteers as mentors.
employment, as well as state employ- information.
ment, who does not receive the veteran's Funding support will go through the
preference points required by the state normal YCPI grant-making process. For info on how to get
Constitution may ask for a notice of Selected enrities must provide at least a
whether the preference points were 20 percent match. connected, coniact
received. It also requires local govem- A number of cities and towns are collab- Steve Smithers at CML,
ments to establish an appeals process oraring with other organizarions to (303) 831-6411.
conceming the awarding of such points. establish such programs locally, so this
The bill is fairly flexible in the way legislation will offer a strong partnership
local governments can establish an at the state level. For more general infor-
appeals process, and it appears a simple mafion on the League,
way in which to implement this provi- HB 98-1321: Youth mentoring
sion of the constitution that covers all Sponsors: Rep. Gayle Berry, R-Grand check out ihe CML
state and local government agencies. Junction; Sen. Sally Hopper, R-Golden homepage at
A dispute azose about a decade ago Position: Support www.capcon.com/cml
involving the refusal of the RTD. to rec- Status: S. Judiciary Comm., hrng. April
ognize this provision by claiming that 8 at 1:30 p.m.
the RTD was not a political subdivision Staff: Sam Mamet
of the state. An Attorney General's
opinion overturned that position.
The bill is in conference committee to
iron out some technical amendments
April 3, 1998 CML Stafehouse Report 5
Rocky Mountain House kills bill
presidential primary? proposing -
Senate Majority Leader Jeff Wells, x- gas deregulation
Colorado Springs, is prime sponsoring A late bill introduced at the request of
legislation to establish a Rocky Moun- public Service Company, other natural
tain presidential primary in the year gas providers, and officials from the oil ,
2000. This has already been endorsed in and gas industry to deregulate natural
Utah, Wyoming, Idaho, and Nevada. gas supply services in the state was
Arizona also has a bill pending during defeated Apri12 in the House Business
its legislative session right now. Affairs Committee by a 7-5 vote. Gas is
The Westem Municipal Conference, already deregulated on the large indus-
which is chaired by Denver Council trial side, and this measure, if it had
President Cathy Reynolds, has endorsed been enacted, would have done the same
such a move to help focus on unique for residential and small commercial
issues affecting the Intermountain West customers, presumably.
such as public lands, federal mandates, The League had strong reservations
and air and water quality issues. about the efficacy of such legislation,
Municipal officials think this is a unique since rates axe relarively low already in
way to provide that attention. Wells is Colorado, and supply is not generally a
past chair of the Council of State Gov- problem since we sit at the foot of sev-
ernments and has held leadership posi- eral major wellheads. Adequate con-
tions in the Council of State Govern- sumer protections in the bill also
ments-West. appeared to fall short of the mark.
For the past two years, the League has Nonetheless, the League successfully
spearheaded an effort to develop worked to secure two amendments to
stronger ties among and between the bill that cover sales and use tax col-
Westem region state and local leaders. lections so there is no lost revenue under
Utah Gov. Mike Leavitt, who has been the bill when natural gas is unbundled,
leading the charge on behalf of state and and municipal and county authority to
municipal officials on the federal aggregate as part of "customer choice."
Internet issue, has been a leading propo- There are eight municipalities that pro-
nent of this initiative. League staff will vide natural gas to their residents
be recommending support for the bill at directly as murucipal gas urilities: Col-
the League's Executive Board meering orado Springs, Trinidad, Walsenburg,
on April 8. Center, Rangely, Walden, Ignacio, and
Fort Morgan. Those cities and towns are
SB 98-193: Regional presidential pri- urged to cazefully examine the contents
mary of the bill and shaze any concerns with
Sponsors: Sen. Jeff Wells, R-Colorado us, because this issue will return.
Springs; Rep. Shirleen Tucker, R-Lake- Colorado Springs worked on an amend-
wood ment to clarify the application of the
Position: Support state's open records law to municipal
Status: S. State Affairs Comm.
Staff: Sam Mamet
6 CML Statehouse Report April 3, 1998
gas utilities. We supported their efforts, retirement benefits, funeral benefits, sur-
but the amendment was defeated. vivors benefits, and disability benefits. .
With the addition of an amendment
NB 98-1400: Natural gas deregulation requested by the League, we are com-
Sponsors: Rep. Dave Owen, R-Greeley; fortable that municipal elected officials
Sen. Don Ament, R-Iliff will have the authority necessary to con-
Position: Amend trol benefit levels. The bill is scheduled
to be heard in House Appropriations
Status: Defeated, H. Bus. Affairs Committee next week and the sponsor,
Comm. Rep. Grampsas, has agreed to offer the
Staff: Sam Mamet, Ken Bueche League's amendment. HB 98-1305: Elimination of Volunteer
Firefighter Retirement Pension Cap
Volunteer firefighter Sponsors: Rep. Tony Grampsas, R-
ension limits left to Evergreen; Sen. Jim Rizzuto, D-La
p Junta
local control Position: No Position
Two bills have been introduced this ses- Status: Signed by the governor
sion addressing the issue of volunteer Staff: Steve Smithers
firefighter pension funding. The first,
HB 98-1035, eliminates the current
statutory cap ($450) on the amount that HB 98-1380: Elimination of Vofunteer
a qualified volunteer firefighter may Firefighter Retirement Benefit Caps
receive as a monthly retirement benefit. Sponsors: Rep. Tony Grampsas, R-
The Arvada Fire District requested that Evergreen
the bill be introduced to allow for higher
pension benefits, creating a more con- Position: No Position
ducive environment for recruiting vol- Status: H. Approp. Comm.
unteer firefighters. CML met with the Staff: Steve Smithers
Arvada District early on and requested
an amendment to the bill as drafted to
assure that elected officials in a munici- SEE
pality approve any increase in the
monthly pension amount proposed by Local phone taxes
the pension boazd. This amendment was survive Senate attack
incorporated into the bill. The bill has
passed the Legislature and was signed HB 98-1065 proposes to etiminate the
by the governor on March 23, which is state sales tax on intrastate telephone
the effective date of the bill. service. Since its introduction, the bill
The second bill is HB 98-1380, a late has included language designed to pre-
bill introduced at the request of the State serve this service in the local tax bases
Firefighters' Association. This is a com- of statutory municipalities and counties.
panion bill to HB 1035, lifting the caps The original form of the bill reflected
in current statute for the other benefits Sponsor Rep. Andy McElhany's, R-CoI-
set forth in part 11, Article 30 of Title orado Springs, desire to require some
31. These benefits include: rerirement sort of affirmative act (such as passage
benefits for a volunteer who has earned of an ordinance or resolution) by any
20 years of service by serving in more local government that wish to continue
than one department, supplemental the tax. The League prefers that this ser-
vice remain in the local tax base unless
April 3, 1998 CML Statehouse Report 7
it is removed by local officials or voters.
McElhany was unwilling to accept this
change to his bill, so the amendment County boundary bill
was proposed by House Majority Leader headed for conference
Norma Anderson, R-Lakewood, on
second reading in the House. The A bill to allow property owners and local
Anderson amendment passed with over- governments to negoriate minor adjust-
whelming bipartisan support. ments to the Denver County boundary
The bill passed through the Senate without having to go to a countywide
Finance Committee without amendment vote hit a speed bump on Apri12 in the
and was refened to the Appropriations House. CML is supporting the bill
Committee. In Appropriations, Senator because Denver and a number of munici-
Dick Mutzebaugh, R-Highlands Ranch, palities bordering on Denver County may
successfully moved to remove all pro- benefit from an administrarive mecha-
tecrion of the local tax bases from the nism that would resolve anomalies in the
bill. As amended, the bill would have boundary that have persisted since the
simply eliminated intrastate telephone Poundstone Amendment was adopted in
service from county and statutory 1974. The House refused to concur on
municipal tax bases. Senate amendments to the bill and
Following the Appropriations Com- shipped it to a conference committee.
mittee's action, Colorado Counties Inc. Previously the House had approved the
(CCI) and CML lobbyists encouraged bill on a 65-0 vote. The Senate approved
senators to reject the proposed Appro- a much stricter version of the bill on a
priations Committee's amendments. On 23-12 vote. The principal difference in
second reading, that is exactly what hap- the Senate version is that it would require
pened, with the leadership of Sen. unanimous landowner consent before any
Dottie Wham, R-Denver, and Sen. Elsie boundary could be adjusted. Moreover, it
Lacy, R-Aurora. Also assisting in the would not allow any occupied residential
effort was Sen. Peggy Reeves, D-Fort property to be shifted from county to
Collins. The Appropriations Committee county. Therefore, it is ironic that the
amendments were overwhelmingly House would reject the Senate version,
rejected on a bipartisan vote. Later in given that it is even more protecrive of
the day, utilizing a parliamentary the interests of property owners than the
maneuver, Mutzebaugh again attempted bill the House originally approved.
to strip phone service out of the local The Poundstone Amendment itself
tax base. This final effort was also over- specifically allowed for the adoption of
whelming rejected. county boundary adjustment procedures
The League expresses its sincere appreci- via a bill such as HB 98-1305, and the
ation to Sens. Lacy, Wham, and Reeves proposed legislation is squarely based
for their fine work on HB 98-1065. on this consriturional authority.
HB 98-1065: Telephone service taxation HB 98-1305: Minor county boundary
Sponsors: Rep. Andy McEihany, R- adjustments
Colo. Spgs.; Sen. Doug Lamborn, R- Sponsors: Rep. Dan Grossman, D-
Colo. Spgs. Denver; Sen. Dottie Wham, R-Denver
Position: Formerly opposed Position: Support
Status: Awaiting action by the governor Status: Conference Committee
Staff: Geoff Wilson Staff: Sam Mamet, David Broadwell
8 CML Statehouse Report Apri/ 3, 1998
Judiciary Committee Estes Park seeks
defeats final gun additional regional
preemption bill planning authority
On March 25, the Senate Judiciary Estes Park has again teamed up with
Committee killed the third and perhaps Larimer County to seek additional legis-
last bill of the session designed to pre- lation clarifying their authority to create
empt municipal authority to regulate mechanisms for enhancing regional
firearms. HB 98-1260 was specifically planning in their valley. Two yeazs ago,
aimed at establishing a uniform state the town and county obtained an amend-
law on the subject of carrying guns in ment to the municipal planning statutes
private vehicles, and was expressly more clearly allowing the town to dele-
designed to counter tough gun control gate planning and zoning functions to a
laws in Denver. regional board created via an intergov-
The Senate Judiciary Committee was ernmental agreement.
the final resting place for all three pre- The new bill, HB 98-1390, will take the
emption bills this session, as it has been next step of specifically allowing the
so many times in the past. A solid town to delegate the powers and duties
majority of that committee has voted of its board of adjustment to a regional
against local government preemption in body as well.
recent years, including Sens. Dottie Other municipalities interested in
Wham, R-Denver; Sally Hopper, R- forging new intergovemmental arrange-
Golden; Bill Thiebaut, D-Pueblo; Ed ments with their towns in the interest of
Perlmutter, D-Golden; and Dorothy better regional planning and land use
Rupert, D-Boulder. regulation may also benefit from this
Municipal officials can anticipate that enabling legislation.
various firearms issues will be back on
the agenda in 1999. In particular, HB 98-1390: Regional Boards of
besides the perennial issue of concealed Adjustment
handgun permitting, there may be con-
tinuing interest in clarifying what it Sponsors: Rep. Bill Kaufman, R-Love-
means to carry a firearm "while trav- land; Sen. Stan Matsunaka, D-Loveland
eling." State statutes generally permit Position: Support
firearms to be concealed in vehicles Staff: Sam Mamet, David Broadwell
"while traveling," but the term has never
been defined.
HB 98-1260: Preemption of firearms
regulations
Sponsors: Rep. Mike Salaz, R-Trinidad;
Sen. Gigi Dennis, R-Pueblo
Status: Postponed indefinitely in S.
Judiciary Comm.
Staff: Sam Mamet, David Broadwell
April 3, 1998 CML Statehouse Report 9
,
CML Legislative Box Score
Subject Status as of 4/3/98
msans "witb ameodmeos")
msans offlcial posftfon wbjsct to Executive doard rerfew)
SUPPORT
SB 3 Lottery - extends sunset on state lottery from 1999 to 2009 Pending action by Gov.*
SB 20 POST - contains miscellaneous revisions to peace officer standards and S. Approp. Com.*
training law, including facilitative procedures for qualifying experienced
out-of-state applicants
SB 28 Aviation - establishes state program funding airport improvements to S. Approp. Com.
fac;ilitate intrastate commercial service
SB 32 Audits - modifies local govemment audit law to provide more flexibility Pending action by Gov.
regarding requirements for inventory of property
SB 71 Appropriations to charities - repeals the $5,000 per year limit applicable to Pending action by Gov.
statutory municipalities
SB 83 Taxes - establishes a study of state and local govemment fiscal policies S. Approp. Com.*
SB 715 Communications - establishes and funds an electronic communications S. Approp. Com.*
grant program for local government and nonprofit facilities
SB 116 Taxes - authorizes the Department of Revenue to collect state and local Postponed indef.
sales and use tax revenue from certain ouz-of-state vendors, upon
passage of federal enabling legislation
SB 146 Highways - transfers, subject to referendum, one-third of state surplus Postponed indef.
over TABOR limit to highway users tax fund for distribution to state,
municipalities, and counties
SB 152 Electric powerretail compebtion - provides for a study of inerits and S. Approp. Com.
impacts
SB 170 Transportation - allocates surplus state revenues for state, municipal, and S. 2nd Reading*
county transportation needs
?SB 184 Municipa/ and county improvement disbricts - contains numerous changes S. Local Gov't. Com.*
facilitating formation and operation of municipal and county improvement
districts
HB 1006 Endangered species - creates state program with financing to promote H. Approp. Com.*
conservation of and avoid federal act complications
HB 1020 Audits - relaxes requirements for local governments having small budgets Pending action by Gov.
April 3,1998 CML Statehouse Report A-1
L
HB 1029 Mayor terms of office - provides local option for four-year terms for Pending action by Gov.
mayors in statutory council-manager cities (already available for other
statutory cities and towns)
HB 1040 Driver's license revocanons - provides for revocation of driver's licenses Postponed indef.
of minors upon conviction of marihuana violations (HB 1160 contains a
similar provision.)
HB 1069 Revenue sharing - enacts state program to assist growth impacted local Postponed indef.
governments
HB 1105 E/ections - CML sponsored bill simplifying reporting requirements for local Pending action by Gov.*
government candidates under the Fair Campaign Practices Act
HB 1125 Statute of limitations - tolls the two-year statute of limitations until Postponed indef.
substantial completion of an improvement to real property where the
damage claim arises prior to substantial completion of the improvement
HB 1160 Crimes - strengthens certain criminal law provisions (CML supports S. Approp. Com.*
provision, similar to HB 1160, which provides for revocation of driver's
licenses of individuals convicted of drug and aicohol offenses.)
HB 1169 Altemate fuel - provides tax incentives and rebates for alternative fuel S. Fin. Com.*
vehicle purchases and conversions
HB 1200 Marketing - authorizes creation of local marketing districts by Pending H. action on S.
municipalities & counties Amendments*
HB 1220 Plumbing-regulations - modifies state regulation to increase local H. 2nd Reading*
government plumbing code enforcement
HB 1256 Taxes - authorizes retention of state revenues exceeding TABOR limits for S. 2nd Reading*
state and local transportation needs, K-12 education capital facilities and
higher education capital facilities
WB 7283 Spurious liens - clarifies that sanctions don't apply to liens imposed by Pending action by Gov.
home rule municipalities
?HB 1296 Youth - creates early education and school readiness program Pending H. action on S.
Amendments*
HB 1305 County boundaries - facilitates minor adjustments in county boundaries Pending action by Conf.
for counties in the Denver metro region Com.*
HB 1315 Tourism - finances state tourism promotion by earmarking portion of state Postponed indef.
sales and use tax increases
?HB 1321 Youth - provides for a youth mentoring service and funding therefore S. Judiciary Com.*
HB 1324 Solid waste - provides additional fee monies to the solid waste Division of Passed H.*
the Department of Health, which in part are used to provide technical
assistance to local governments
A-2 CML Statehouse Report April 3,1998
S
[
HB 1375 Transporlation planning - conforms the law with the current transportation Pending action by Gov.*
planning regions (TPR) boundaries and accommodates any future
metropolitan planning organizations as a TPR
?HB 1390 Land use boards of adjustment- authorizes municipalities and counties on S. Local Govt. Com.*
a volunteer basis to utilize joint boards of adjustment
OPPOSE
SCR 2 Taxes - exempts all personal property from taxation without providing Postponed indef.
replacement revenue for local governments
SB 49 Taxes - prohibits state and local taxes, fees and charges related to Internet Pending action by Gov.*
access services
SB 69 Limited gaming - provides for state approval of certain local land use Postponed indef.
decisions in gaming communities
SB 81 Weapons - authorizes carrying of concealed weapons and preempts local Postponed indef.
regulation
SB 92 Taxes - completely exempts personal property from taxation without Postponed indef.
replacing local revenue loss
SB 96 Crimes - contains miscellaneous revisions, including some reductions in Postponed indef.
crimes & preemption of local authodty
SB 107 Health care - Requires health pians to open up prescription drug plans to H. Approp. Com.*
any willing provider, thereby leading to increased health care costs
SB 178 Electric power retail competition - requires implementation Postponed indef.
HB 1100 Taxes - permanently reduces state income tax rate from 5 to 4 3/4% S. Approp. Com.*
HB 1129 Eminent domain - prohibits generally for purpose of reselling to private Postponed indef.
persons or entities for commercial use
HB 1142 Health insurance - eliminates community rating of small group heatth S. Bus. Affairs & Labor
plans, potentially leading to significant cost increases for smaller plans Com.*
HB 1145 Localgovemmentemployment- subjects local govemment employers to Postponed indef.
state investigation and litigation proceedings when employees allege local
government "retaliation" actions against their employees
HB 1748 Open records - requires law enforcement agencies to prepare and make Postponed indef.
available to the public specified arrest and incident reports
HB 1163 Annexation - severely restricts municipal annexations Postponed indef.
HB 1170 Shooting ranges - restricts enforcement of local government noise Pending action by Gov.*
regulations regarding operations (oppose unless amended)
Aprit 3,1998 CML Statehouse Report A-3
t
a
HB 1232 Taxes - exempts all newly acquired business personal property from Postponed indef.
taxation with no replacement revenue of local govemments
HB 1260 Weapons - preempts local government restrictions re transportation of Postponed indef.
weapons (oppose unless amended)
HB 1262 Audits - requires local governments to develop extensive data on costs of Postponed indef.
local government services which private enterprises can provide HB 1266 Taxes - permanently exempts interest income, dividend income, and net S. Approp. Com.*
capital gains up to a total of $2,300 annually from state income tax
HB 1284 Electric powerretail competition - requires implementation H. Bus. Affairs & Labor Com.
HB 1302 E/ections - restricts expenditure of government funds relating to Postponed indef.
campaigns for public office or public issues
HB 1381 ElecVic powerretail competition - requires implementation H. Bus. Affairs & Labor Com.
FORMERLY OPPOSED
SB 37 Beer & liquor - restricts disciplinary action when "sting° operations Pending action by Gov.*
uncover illegal sales to minors (Senate amendments require Division of
Liquor Enforcement to adopt guidelines for penalties which may be
imposed by local governments.)
SB 84 Motor vehicle dealers - allows dealers to register and title motor vehicles Postponed indef.
(As amended only applies to titles for salvaged vehicles.)
SB 94 Taxes - provides a property tax credit for the elderly which reduces local S. Approp. Com.*
tax revenues (As amended provides for funding without local revenue
loss.)
SB 101 Taxes - exempts ctothing and footwear from state and local sales and use S. Approp. Com.*
taxes (Committee amendment makes exemption optional for {ocal
govemments.)
HB 1005 Taxes - increases amount of business personal property tax exemption Pending action by Gov.*
(As amended, exemption only applies to school levies and does not affect
municipal revenues.)
HB 1065 Taxes - repeals state sales tax on telecommunication services (As Pending action by Gov.*
amended, retains tax for local governments unless they affirmatively act to
exempt.)
A-4 CML Statehouse Report Apri13,1998
' •
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c~~ STATE
Colorado Municipal League
1660 Lincoln St., Suite 2100
Denver, CO 80264-2101
FIRST CLASS MAIL
I_Q
RpBERT MCLAL~2 V`
MANAGER ~ECEIVEu prK 61998
75 s FRavraGE Rp w
VAIL CA 81657-0000
~
~1
TOWN OF vA1L
~
Office of the Town Attorney
75 South Frontage Road
vail, Colorado 81657
.
970-479-2107/Fax 970-479-2157
TM
Apri16, 1998
Robert A. And Faye Donley Scott
5075 Ute Lane
Vail, CO 81657
Re: Parking of Recreational Vehicles Within the Town of Vail
Dear Mr. and Mrs. Scott:
We currently have scheduled Town Council consideration of an ordinance regulating the parking of
recreational vehicles on Apri121, 1998 and May 5, 1998. The ordinance that will be considered by
Council will be available prior to that meeting and you will be welcome to review it and testify
before Council as to whether or not you believe this fulfills the community's needs.
I assure you Council has not, at this stage of its deliberations, made any final decisions concerning
the regulation. I will be making available to Council and all other interested parties copies of
regulations from other jurisdictions to assist in these deliberations.
Very truly ours
R. Thomas Moorhead
Town Attorney
RTM/aw xc: Mayor and Town Council Members
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E.C.R.T.R. ID:9707480710 APR 06'98 1.4:39 No.007 P.02
.
Date: Apri( 6, 1998
To: Eagle County Board of Commissioners
Jim Martmann, Eagle County Administrator
Red Cliff Town Councii and Bob Slagie, Town Manager
Minturn Town Council and Dallas Everhart, Town Manager
Vai! Town Council and Bob McLaurin, Town Manager
Avon Town Council and Bil! Efting, Town Manager
Eagle Town Board and Wiliy Poweli, Town Manager
Gypsum Town Councii and Jeff Shroll, 7own Manager
Eagle County Regiona! 7ranspartation Authority Board
Eagle County Trails Committee
Eagie County Trails Committee Technica! Support
From: Jim Shrum, Director, Eagle County Regional Transportation Authority Director
Eliie Caryl, Alternative Modes Coordinatvr/Trails Planner, ECRTq
Calorado State Parks Meeting
TENNESSEE PASS RAIL CORRIDOR UpDATE
has been reschedu/ed far
M4NDAY, APRIL 13
5:00 to 7:00 p.m.
Garden level meeting room, Eagle County building, Eagle
This meeting is a reschedule of the canceNed April 2 meeting. Colorado State Parks Director
Laurie Mathews will update local leaders and interested parties about:
• the status of the Union Pacific abandonment,
• the potentiaf addition of the Cplorado Department of Transportation as a funding
partner, and
• acfians that State Parks is taking in preparation for the possible abandonment.
Town Nlanagers are requested ta forward this meeting notice to Town Council ar
Board members. The attendance af an elected and appointed representative from each
jurisdiction would be very much appreciated in support of this important partner$hip project.
For questions, please contact Ellie Caryl or Jim Shrum at 749-0702.
Bc.nchmark Fluzu #204
/'.U Box ISG4 (970) 74X-f)702
~1von, C,'OX162f1-1Sbq j'4~'(.97(~) 74b'-07lU
e-mail: r.rohility(ct?vnit.ncl
LHMP
Subject: LHMP
Date: Sat, 04 Apr 1998 11:35:37 -0700
From: Robert LeVine <rlevineGcsn.net>
Organization: Antlers at Vail
To: ssilver@vail.net
Hi Suzanne!
Just a quick thought for the council and/or staff
A number of folks who have a stake in Lionshead (particularly second
home owners) don't really understand the NEED for Lionshead
redevelopment. They know it's not as busy or as pretty as the Village,
but so what? I sometimes have a hard time answering their question,
"Why is the Town of Vail doing this masterplan?" Trying to explain the
six "Policy Objectives" can be quite an exercise, although that really
is the full answer.
I wonder if we need some soundbites of factual information that would
explain the need for redevelopment. "Poster child" facts, if you will.
For example
l. The sales tax generated per square foot of retail in Vail Village
is 'X'; that generated in Lionshead is oniy `Y'.
2. Average Daily Rate for hotels in Vail Village is 'X'; that in LH
is only 'Y'.
3. The Village parking structure fills 'X' times as often as
LH; indicating the overwhelming preference for people to be
there.
4. Average property values are 'X' in the Village vs. 'Y' in LH.
5. If there were better balance (not equality, just better
balance) between the Village and Lionshead in all these areas, it
would make all of Vail more successful
That's it. Take care and I'll see you soon,
Rob
I of 1 4/6/98 9:25 AM
I
TOWN OF VAIL
75 South Frontage Road
Vail, Colorado 81657
970-479-2100 FAX 970-479-2157
FOR IMMEDIATE RELEASE
April 6, 1998
Contact: Rob Ford, Vail Mayor, 479-1860 or
Bob McLaurin, Vail Town Manager, 479-2105 or
Andy Knudtsen, Project Manager, 479-2440
Don't Miss It...
PEOPLE WHO ATTEND COMMON GROUND PUBLIC WORKSHOPS, APRIL 14 & 16,
WILL HAVE A DIRECT HAND IN KEY DECISIONS: DIRECTION TO BE SET ON
AFFORDABLE HOUSING, PARKS, OPEN SPACE AND COMMUNITY FACILITiES
(Vail)--Some of the most important decisions in Town of Vail history will be at stake during
public workshops on April 14 and April 16, sponsored by the Vail Town Council. The workshops,
part of the Common Ground public involvement process, will be used to evaluate--and
site--Vail's unmet community needs, including affordable housing, parks, open space and
community facilities, such as a performing arts center or skateboard park. The Common Ground
process will also determine a dedicated funding source for affordable housing.
The workshops are designed to bring together a diverse group of people to help sort out
what's important for the community as a whole. "If you'll be in town next week, it's absolutely
critical that you get your income taxes out of the way beforehand and take the time to attend,"
said Mayor Rob Ford. "These are tough decisions that shouldn't be decided by seven
councilmernbers in a vacuum." In this case, Ford says it's important that people work together to
strike a balance between their individual interests, their neighborhood issues, and the interests
of the greater community. "We think the best public decisions are made when people can get
information first-hand and discuss issues face-to-face," he said.
Although the affordable housing crunch has served as a catalyst in getting the Common
Ground process going, Ford says the Town Council doesn't intend to short-change discussions
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Public Workshops/Add 1
on parks, open space and community facilities. "Even if you don't agree with the Town Council's
decision to make housing a priority, there are still choices to be made through this process with respect to a funding source for housing and where--or where not--to site affordable housing,
parks, open space and community facilities," he said.
Since Vail is already 93 percent built-out, Ford said he expects those decisions to be
especially challenging. "We've got a tough road ahead. It's obvious that we can't fulfill
everyone's needs with the scare lands that remain. And that's why it's important that people who
are affected by these decisions have a fair and equal chance to have a say. This Common
Ground process is designed to give everyone that chance."
The free public workshops will be held from 9 to 11 a.m. Tuesday, April 14 at the Vail Cascade
Hotel, and repeated from 5 to 7 p.m. Thursday, April 16 at the Sonnenalp Bavaria Haus. The
workshops are open to all who want to participate; however, the Vail Town Council's
responsibility is to both full and part-time Vail residents, employees and business owners.
Reservations are not required. On-site child care will be provided at each workshop, sponsored
by the Vail Recreation District. Also, a light dinner will be served at the April 16 session.
The agenda for each of the two workshops is as follows:
• Presentation of information on siting guidelines for open space, parks, affordable
housing and community facilities.
• Written responses to the siting guidelines and for housing funding suggestions.
• Presentation on background information regarding local needs.
• An update on the TOV Community Survey responses.
• Small group work to identify which community needs are most important
and to site those needs on a map.
For those who are unable to attend, the Town of Vait has created two off-site participation
opportunities so that no one is left out. An Internet site at vail.neUtov and a telephone response
line at (970) 479-2451 have been established. All feedback received befinreen now and April 10
will be forwarded to the April workshops.
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Public Workshops/Add 2
Following next week's public workshops, the six-step process wilf move into step two with
development of siting options and alternatives. These will be based on preferences from the
workshops, plus a technical analysis of feasibility. Those alternatives, along with possible
funding sources for housing, will then be presented for public evaluation during step 3 at a
second workshop series on June 3 and June 4. Following the second round of community
workshops in June, the town will develop preferred plans during step four, and before submitting
them to Town Council, will ask one more time for a community response during step five. The
final recommended plan and housing funding package in step six are scheduled to go before
Council for final approval on June 30.
Mayor Ford says the process has been compressed into a three-month timetable, in part, so
as not to lose focus on the Town Council's commitment to get an affordable housing project
underway this year. "Many members of the community have told us they don't want a
long-drawn-out process," Ford said. "But along with that comes the responsibility of participating
on the front end of this process." '
Ford said the process will be heavy on communications with newspaper ads, direct mailings
and television coverage to make sure community awareness is high. "There shouldn't be
anyone who shows up at the eleventh hour to say they didn't know about this process," he said.
"This Town Council will not accept an eleventh hour protest from people who didn't participate
from the outset. That wouldn't be fair to the people who'll be taking the time to participate."
The Common Ground process is designed to respond to five intersecting actions previously
endorsed by the Vail Tomorrow strategic action plan: 1) establish a funding source for
affordable housing; 2) set aside specific town-owned land for acquisition of affordable housing;
3) pursue the concept of a community center; 4) develop more neighborhood parks; and 5)
complete implementation of the 1994 Comprehensive Open Lands Plan.
For more information, contact Ford at 479-1860 or; Bob McLaurin, Vail Town Manager, at 479-2105; or
Andy Kundtsen, project manager, at 479-2440; or Suzanrie Silverthorn in communications, at 479-2115.
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6`v.Sr i`h'.
RECEIVEp qpR 7 1998
~ ~
VERNflN K. HARDACRE
417 E. MINOR DR. #101
KANSAS CITY, MO 64131-3660
Apri1 3, 1998
Vail Town Council
75 S • Frontage 1?oad
vAIL, co 81657
Gentlemen:
PROFOSED LIONSHEAD REZONING
Plea.se let me join in the chorus of objections to the redevelopment
plans, proposed by Vail Associates to double the buil8ing height
restrictions.
I have been an Interval pwner at VANi'AGE FOINT, since 1977. The
principa.l reason for seleeting these accomodations xas the tremendous
view therefromm of the Mountain, the Gondola Liftl which we telt xas
(and is currently) among the best which VAIL has to offer.
If the restrictions are liftecl, and xere a building of the height
proposed in the rezoning be pezmitted, our view would evaporate.
The charm and ambience would be gone.
Please give consideration to altesnate approaches to improve the
quality oi LIONSHEAD. That whieh has worked in the pa.st (SDD process)
should be able to control the upward thrust of buil8ing height restric-
tions.
Sincerely yours,
/
Vernon K. Hardacre