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HomeMy WebLinkAbout1999-05-11 Support Documentation Town Council Work Session ,1 3 VAIL TOWN COUNCIL WORK SESSION TUESDAY, MAY 11, 1999 2:00 P.M. AT TOV COUNCIL CHAMBERS REVISED AGENDA NOTE: Time of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Site Visits: (30 mins.) a. Lionsridge Loop/Buffehr Creek Road. (see item #4) 2. PEC/DRB Report. (15 mins.) George Ruther 3. Appeal of the PEC approval for a Minor Amendment to the Golden Jeff Hunt Peak Development Plan to Construct a Ski Tunnel; Tract B, Vail Village 7th. (15 mins.) ACTION REQUESTED OF COUNCIL: Uphold, overturn or modify the PEC approval of the tunnel. BACKGROUND RATIONALE: The request is for a minor amendment to the Gold Peak development plan to allow for the construction of a tunnel under a race course. The tunnel would improve skier access to Ski Club Vail, Pinos del Norte condos and North Woods condos. Currently, skiers must cross the race course on Ruder's Route. This crossing has the potential for skier collisions. The tunnel would greatly reduce the potential for collisions. The tunnel would be about 200' long, 20'8" wide and 10' high. The tunnel would be located under Ruder's Route ski run, west of Gold Peak chair #6, at about the 8300' elevation. The Municipal Code provides for staff approval of minor amendments to development plans. Staff approved the request on April 9, subject to the following conditions. Please see attached staff letter. 1. A grading plan shall be approved by the Public Works Department. 2. The design of the tunnel entrance and exit shall be approved by the Design Review Board. On April 12, the Planning and Environmental Commission discussed the staff approval and did not call it up, thereby approving the request. Staff understands that the appellant's concerns are based on the appearance of the tunnel. Please see attached appeals form. The design of the tunnel is scheduled for review by the Design Review Board on May 19th. The Municipal Code provides for appeals of DRB decisions. This seems like the appropriate avenue to address the appearance of the tunnel. STAFF RECOMMENDATION: Staff recommends the Council uphold the PEC approval of the tunnel. 4. Discussion of two add-ons to the approved Lionsridge Greg Hall Loop/Buffehr Creek Road street project. (15 mins.) 5. Future of Vail's Marketing Discussion. (30 mins.) Bob McLaurin Pam Brandmeyer 6. Executive Session - Negotiations. (30 mins.) 7. Learning Tree and ABC School request to modify terms and Cricket Pylman Conditions of their respective leases. (10 mins.) Cindy Allard Kristy Grims Moe Mulrooney 8. Information Update. (10 mins.) 9. Council Reports. (10 mins.) 10. Other. (10 mins.) 11. Adjournment - 4:55 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/18199, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/25/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 5/18/99, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. I COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1999 4128199 ELECTION BALLOT QUESTION LORELEI: The Council, on a motion from Mike Jewett, with Sara Fisher says not only would it be illegal to add special Vail only Council a second from Kevin Foley, voted unanimously (6-0, Ford election language to the county coordinated ballot, it would also be costly absent) to select an at-the-polls election for their regular and confusing. Additional information re: our November at-the-polls municipal election this coming November 2nd. The question election: Early voting starts 3 weeks prior to the actual election was asked: would the County Clerk & Recorder agree to Voter turn-out is quite low compared to mail ballot voting: print some language on the coordinated ballot that reflects 1997 Vail at-the-polls turn-out 12% Vail local issues, e.g., election of 4 Council members plus 1997 Eagle County coordinated mail in ballot 44% whatever "other" issues Council may have for our electorate, Apparently there is some recent legislation sitting on the Governor's desk will be voted on at an at-the-polls election in the Vail for his approval. Because the Secretary of State's office was not involved Municipal Building. in these legislation sessions, Vicki Buckley is asking the Governor not to sign the legislation. The legislation contains changes in dates, process, etc., so could impact our election calendar as well. Sara will keep us updated as to what happens w/this legislation. She also volunteered to appear before Council to answer any additional questions Council may have. 5/4199 MARKETING OPTION BOB/PAM/STEVE/SUZANNE: Staff is awaiting Council direction. May 6, 1999, Page I PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, May 10, 1999 FINAL AGENDA Project Orientation / NO PEC LUNCH - Community Development Department 1:00 p.m. MEMBERS PRESENT MEMBERS ABSENT John Schofield Dominic Mauriello Galen Aasland George Ruther Diane Golden Judy Rodriguez Brian Doyon Tom Weber Chas Bernhardt Doug Cahill Site Visits : 1:15 p.m. 1. Vail Mountain School - 3160 Katsos Ranch Road 2. GLOB -1000 S. Frontage Rd. West Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearing - Town Council Chambers 2:00 p.m. 1. A request for a final review of an amendment to Special Development District No. 4 (Cascade Village), revising the Glen Lyon Office Building site (Area D), located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision. Applicant: Glen Lyon Office Building Partnership, represented by Kurt Segerberg Planner: Dominic Mauriello APPROVED WITH 13 CONDITIONS: 1. The owner/applicant shall ensure that the utilities to this site are all placed underground for the entire length of the site prior to the issuance of a Temporary Certificate of Occupancy for the development. 1OWNOFVAIL 1 e 2. The owner/applicant shall be required to provide roadway improvements in accordance with the approved plans. Prior to the issuance of a building permit, the applicant shall obtain approval by the Town of detailed civil engineering drawings for all proposed improvements including drainage improvements. 3. The owner/applicant shall deed restrict two Type III, Employee Housing Units in accordance with the Zoning Regulations prior to obtaining a temporary or final certificate of occupancy on the project. 4. The owner/applicant shall record an easement for the existing bike path on the west end of the property prior to obtaining a temporary or final certificate of occupancy on the project. 5. The building plans, rooftop mechanical plans, landscape plan, tree protection plans, and dumpster enclosure details shall be reviewed and approved by the DRB. 6. The owner/applicant shall mitigate the trees being removed by the development. The DRB shall determine the ratio of mitigation. A substantial vegetative buffer shall be established along the north elevation of the building. 7. Lower the eve line of the roof over the center building form. 8. Move either the employee housing units to improve the indoor/outdoor access or improve the access to these units to make them easier to access by occupants. 9. Add a significant gutter system to the roof which ties into the drainage system for the site. 10. Provide a commitment to provide significant trees prior to being reviewed by the Town Council. 11. Provide a pedestrian scale element at the front entry (i.e., porte cochere). 12. Make improvements to breakup the overall fagade of the south elevation. 13. In the drainage plans, provide adequate drainage for snow melt from surface parking area to prevent draining directly into creek. 2. A request for a worksession to discuss a conditional use permit to allow for the Vail Mountain School to construct a temporary classroom on the site of the school fora ten- month period, located at 3160 Katsos Ranch Road/Part of Lot 12, Block 2, Vail Village 12th Filing. Applicant: Vail Mountain School, represented by Pam Hopkins Planner: George Ruther WORKSESSION - NO VOTE 3. A request for a variance from Section 12-6C-6, to allow for the construction of a garage within a front setback and Section 12-10-8, to allow for the construction of an undersized garage, located at 5125 Black Bear Lane / Lot 11, Block 2, Gore Creek Subdivision. Applicant: Montogomery (Mike) Mathias Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 2 4. A request for a variance from Section 12-6D-9 (Site Coverage) of the Town of Vail Municipal Code, to allow for site coverage in excess of 20% and a variance from Section 12-6D-6 (Front Setbacks) of the Town of Vail Municipal Code, to allow for an encroachment into the front setback on a Primary/Secondary Residential zoned lot, located at 362 Mill Creek Circle / Lot 9, Block 1, Vail Village First Filing. Applicant: Walter Forbes, represented by Gwathmey-Pratt Architects Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 . 5. A request for a final review of a proposed locker room expansion to the Dobson Ice Arena, located at 321 E. Lionshead Circle/Lot 1, Block 1, Vail Lionshead 2nd Filing. Applicant: Vail Recreation District Planner: George Ruther TABLED UNTIL MAY 24, 1999 6. A request for a variance from Section 12-6D-6, to allow for a building encroachment into a rear setback, located at 2657 Arosa Drive / Lot 8, Block D, Vail Ridge. Applicant: Town of Vail Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 7. A request for a modification to a platted building envelope, located at 1047 Riva Glen/ Lot 6, Spraddle Creek Estates. Applicant: Franco D'Agostino, represented by Robert Mach Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 8. A request for a variance from Section 12-6D-6 of the Town of Vail Municipal Code, to allow for an encroachment into the required side setbacks, located at 3003 Bellflower Drive / Lot 9, Block 6, Vail Intermountain. Applicant: Mr. Guillermo Huerta Planner: George Ruther WITHDRAWN 9. Information Update 10. Approval of April 26, 1999 minutes. 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 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department 3 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, May 10, 1999 AGENDA Proiect Orientation / NO PEC LUNCH - Community Development Department 1:00 p.m. MEMBERS PRESENT MEMBERS ABSENT Site Visits : 1:15 p.m. 1. Vail Mountain School - 3160 Katsos Ranch Road 2. GLOB -1000 S. Frontage Rd. West Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearing - Town Council Chambers 2:00 p.m. 1. A request for a final review of an amendment to Special Development District No. 4 (Cascade Village), revising the Glen Lyon Office Building site (Area D), located at 1000 S. Frontage Road West/Lot 54,. Glen Lyon Subdivision. Applicant: Glen Lyon Office Building Partnership, represented by Kurt Segerberg Planner: Dominic Mauriello 2. A request for a worksession to discuss a conditional use permit to allow for the Vail Mountain School to construct a temporary classroom on the site of the school for a ten- month period, located at 3160 Katsos Ranch Road/Part of Lot 12, Block 2, Vail Village 12th Filing. Applicant: Vail Mountain School, represented by Pam Hopkins Planner: George Ruther 3. A request for a variance from Section 12-6C-6, to allow for the construction of a garage within a front setback and Section 12-10-8, to allow for the construction of an undersized garage, located at 5125 Black Bear Lane / Lot 11, Block 2, Gore Creek Subdivision. Applicant: Montogomery (Mike) Mathias Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 TOWNOFVAIL ~ 1 • 4. A request for a variance from Section 12-6D-9 (Site Coverage) of the Town of Vail Municipal Code, to allow for site coverage in excess of 20% and a variance from Section 12-6D-6 (Front Setbacks) of the Town of Vail Municipal Code, to allow for an encroachment into the front setback on a Primary/Secondary Residential zoned lot, located at 362 Mill Creek Circle / Lot 9, Block 1, Vail Village First Filing. Applicant: Walter Forbes, represented by Gwathmey-Pratt Architects Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 5. A request for a final review of a proposed locker room expansion to the Dobson Ice Arena, located at 321 E. Lionshead Circle/Lot 1, Block 1, Vail Lionshead 2"d Filing. Applicant: Vail Recreation District Planner: George Ruther TABLED UNTIL MAY 24, 1999 6. A request for a variance from Section 12-6D-6, to allow for a building encroachment into a rear setback, located at 2657 Arosa Drive / Lot 8, Block D, Vail Ridge. Applicant: Town of Vail Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 7. A request for a modification to a platted building envelope, located at 1047 Riva Glen/ Lot 6, Spraddle Creek Estates. Applicant: Franco D'Agostino, represented by Robert Mach Planner: Allison Ochs TABLED UNTIL MAY 24, 1999 8. A request for a variance from Section 12-6D-6 of the Town of Vail Municipal Code, to allow for an encroachment into the required side setbacks, located at 3003 Bellflower Drive / Lot 9, Block 6, Vail Intermountain. Applicant: Mr. Guillermo Huerta Planner: George Ruther WITHDRAWN 9. Information Update 10. Approval of April 26, 1999 minutes. 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 479-2356, Telephone for the Hearing impaired, for information. Community Development Department Published May 7, 1999 in the Vail Trail 2 REVISED 5/6/99 DESIGN REVIEW BOARD FINAL AGENDA Wednesday, May 5,1999 3:00 P.M. PUBLIC MEETING SCHEDULE PROJECT ORIENTATION / LUNCH - TOWN Council Chambers 11:00 pm MEMBERS PRESENT MEMBERS ABSENT Clark Brittain Bill Pierce (left at 5:00 p.m.) Hans Woldrich Melissa Greenauer Tom Weber (PEC) SITE VISITS 2:00 pm 1. Vail Interfaith Chapel -19-Vail Road 2. Waterhouse - 285 Forest Road 3. Adams - 765 West Forest Road 4. Dobson Ice Arena - 321 E. Lionshead Circle 5. Scalise - 2567 Arosa Drive 6. Lot 25 -1854 Glacier Ct. 7. Wiley-1538 Spring Hill Lane 8. Valleau - 4839 Meadow Drive 9. Shaper - 2645 Bald Mountain Road 10. Lot 4, Gore Creek Sub. - 5166 Black Gore Drive 11. Kinzelberg - Lot 4, Spraddle Creek Estates Driver: George PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm 1. The Marriott (Lionshead) - Conceptual review of a major exterior alteration George and construction of a new interval ownership club. 715 W. Lionshead Circle / Marriott Mark, Morcus Subdivision Applicant: HMC Corporation, represented by East-West Partners and Gwathmey-Pratt CONCEPTUAL - NO VOTE 2. Lionsquare North - New awning. Dominic 660 West Lionshead Circle/Lot 8, Vail Lionshead 1St Applicant: Lionsquare North Condo Association MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED - Subject to final staff review. TOWN 41L 1 REVISED 5/6/99 3. Adam residence - Conceptual review of a proposed remodel. Brent. 765 West Forest Road/Lot 8, Block 2, Vail Village 61n Applicant: Nancy Adam, represented by Fritzlen, Pierce, Smith CONCEPTUAL-NO VOTE 4. Henkes residence - Final review of a new primary/secondary residence. Allison 2824 Snowberry Drive / Lot 17, Block 9, Intermountain. Applicant: Andrew Henkes MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5=0 CONSENT APPROVED 5. Wiley residence - Conceptual review for a new primary residence and Type II Allison employee housing unit. 1538 Spring Hill Lane/Lot 14, Block 3, Vail Village First Filing. Applicant: Wiley Family Partnership CONCEPTUAL - NO VOTE 6. Valleau Residence - Conceptual review of a remodel/addition to an existing residence. Allison 4839 Meadow Drive/Lot 17, Block 5, Bighorn Fifth. Applicant: Bob & Kathy Valleau MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED 7. Scalise Residence - Conceptual review of a new primary/secondary residence. Allison 2567 Arosa Dr./Lot 9, Block E, Vail Das Schone 1St Applicant: Dennis Scalise CONCEPTUAL - NO VOTE 8. Waterhouse residence - New garage. Jeff 285 Forest Road/Lot 20, Block 7, Vail Village 1St Applicant: Steve & Linda Waterhouse, represented by Steven Riden CONCEPTUAL - NO VOTE 9. Shaper residence - Review of a new garage. Jeff 2645 Bald Mountain Road/Lot 10, Block 2, Vail Village 131H Applicant: Steve Shaper MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 TABLED UNTIL MAY 19, 1999 10. Vail Interfaith Chapel - Remodel/addition at existing facility. Jeff 19 Vail Road / Lot J, Block 7, Vail Village First Filing. Applicant: Vail Religious Foundation, represented by Victor Mark Donaldson Architects MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 TABLED UNTIL MAY 19, 1999 2 % REVISED 576/99 " " - 11. Kinzelberg residence -Conceptual review. Jeff Lot 4, Spraddle Creek Estates. Applicant: Harvey Kinzelberg, represented by Hans Berglund CONCEPTUAL - NO VOTE 12. Grand Traverse Lot 16 - Final review of a new single-family residence. George 1800 Lionsridge Loop / Lot 16, Dauphinais-Moseley Subdivision. Applicant: Dauphinais-Moseley Construction MOTION: Melissa Greenauer SECOND: Tom Weber VOTE: 4-0 APPROVED PER REVISED PLANS 13. Lot 25, Glacier Ct. - Conceptual review of a proposed new primary/secondary residence. George 1854 Glacier Ct./Lot 25, Block 2, Lionsridge #3. Applicant: Pat Dauphinais CONCEPTUAL - NO VOTE 14. Westhaven Club & Lodge - Final review of a proposed new Fractional Fee Club George and employee housing project. 1325 Westhaven Dr., Westhaven Condominiums/ Cascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby Robinson MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED 15. Dobson Ice Arena - Conceptual review locker room/loading dock expansion. George 321 E. Lionshead Circle/Lot 1, Block 1, Vail Lionshead 2nd Filing. Applicant: Vail Recreation District, represented by Odell Architects CONCEPTUAL - NO VOTE 16. Lot 4, Gore Creek Subdivision, Conceptual review of a new primary/secondary residence. George 5166 Black Gore Drive/Lot 4, Gore Creek Subdivision. Applicant: Greg Amsden CONCEPTUAL - NO VOTE Staff Approvals Brooktree Condominiums - Stairway/landing replacement. Brent 980 Vail View Drive/A portion of Block B, Lions Ridge Filing 1. Applicant: Brooktree Townhomes HOA Burillo residence / Northwind development - Revised landscape plan. Brent 365 Mill Creek Circle/Lot 16, Block 1, Vail Village 1 st Filing. Applicant: Northwind Development Rizk residence - Bedroom/dining room addition. Brent 740 Sandy Lane/Lot 4, Block 2, Potato Patch Filing #2. Applicant: Oscar Rizk 3 REVISED 5/6/99 Axelrod- residence - Exterior repaint. George 2578 Arosa Drive/Lot 1, Block C, Vail das Schone #1. Applicant: Art Axelrod Ketcham residence - Changes to driveway. Allison 4301 Glen Falls Lane/Lot 1, Forest Glen. Applicant: Linda Ketcham Berndt residence - Site plan changes. Allison 756 Potato Patch/Lot 4, Block 2, Potato Patch. Applicant: Wolfgang Berndt MacLean residence - Interior conversion of crawl space. George 1330 Sandstone Drive, Overlook, Unit #12/G-4, Vail Lionsridge. Applicant: John MacLean, Walzer residence - Addion of stone veneer to deck rail and chimney. George 333 Beaver Dam Road/Lot 41, Block 7, Vail Village 1st Applicant: George Schaeffer Construction. Co. Timber Falls Building #18 - North side deck extension. Brent 4459 Timberfalls Ct. #18/Timberfalis Condominiums. Applicant: Timber Falls Phase IX Association 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 479-2356, Telephone for the Hearing Impaired, for information. 4 i TOWN OF VAIL Department of Community Development • • 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 TM April 9, 1999 Joe Macy Vail Associates Box 7 Vail, CO 81658 Re: Minor Amendment to Golden Peak Development Plan to Construct a Ski Tunnel; Tract B, Vail Village 7th Dear Joe: Based on the findings contained in this letter, the ski tunnel has been approved by staff with the following conditions. 1. A grading plan shall be approved by the Public Works Department. 2. The design of the tunnel entrance and exit shall be approved by the Design Review Board. 1. DESCRIPTION OF THE REQUEST AND BACKGROUND The request is for a minor amendment to the Gold Peak development plan to allow for the construction of a tunnel under a race course. The tunnel would improve skier access to Ski Club Vail, Pinos del Norte condos and North Woods condos. Currently, skiers must cross the race course on Ruder's Route. This crossing has the potential for skier collisions. The tunnel would greatly reduce the potential for collisions. The tunnel would be about 200' long 20'8" wide and 10' high. The tunnel would be located under Ruder's Route ski run, west of Gold Peak chair #6, at about the 8300' elevation. II. CRITERIA AND FINDINGS A. Section 12-8D-6-D: Amendments to the approved development plan-will be considered in accordance with the provisions of Section 12-9A-10 of this Title. Section 12-9A-10 is addressed below. 1 RECYCLED PAPER B... Section 12-9A-2: Minor-Amendment. (staff review): 'Modifications to site. plans that do not alter the- basic intent and"characterof'the approved`. district and are consistent with the design criteria of 'this Chapter,, may include changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation. The approved Gold Peak development plan includes the Gold Peak buildings, parking and ski runs. The tunnel would not affect these elements of the plan except for the ski runs. The tunnel would not alter the basic intent or character of the ski runs. The tunnel is in keeping with and would be incidental to the ski runs. The design of the tunnel will have to be approved by the Design Review Board. Staff believes the tunnel will actually improve pedestrian (skier) traffic and have no impact on vehicular traffic. C. Section 12-9A-10: Minor modifications consistent with the design criteria outlined in subsection 1279A-2 may be. approved by the Department of Community Development. Notification of a proposed minor amendment and a report of staff action shall be provided to all property owners within or adjacent to the district that may be affected by the amendment. Notification shall be postmarked no later than 5 days following staff action on the amendment and shall include a brief statement describing the amendment and the time and date of,when the Planning and Environmental . Commission will be informed of the'staff decision. As noted above, staff believes the amendment is consistent with the design criteria.under subsection 12-9A-2. Notification of the proposal was provided to all adjacent property owners on March 25, 1999. No comments were received. You should be aware that this approval could be called up for review by the Planning & Environmental Commission. Please feel free to call me at 970-479-2140 to discuss the project. Sincerely, Je Hunt Senior Planner F:\EVERYONE\PEC\MEMOS\99\GOLD-PK 2 . a , TO WIN OF Ya APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION A. ACTION/DECISION BEING APPEALED: Minor amendment to previously approved development plan to allow for construction of a skier tunnel at Golden Peak Ski Base, 458 Vail Valley Drive: B. DATE OF ACTION/DECISION: April 12, 1999 C. NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Town Staff D. NAME OF APPELLANT(S): -Kenneth S. Brown,,. Trustee MAILING ADDRESS: 805 3rd Avenue, 20th Floor, New York, NY 10022 PHYSICAL ADDRESS IN VAIL:375 Millcreek Circle PHONE: 212-702-5875 LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL: I0t 17, Block 1,Vail Village 'Pi rci- Pi 1 i ng DUNK, 'L & NAURIELLO, P. C. E. SIGNATURES John Dunn Atto ey for Appellant 108 S. Frontage Road West, Sui-e 300 Vail, Colorado 81658 . (970),476-0300 Page I of 2 d? 'is if yes,. , rDoes this appeal involve°a specific: parcel of.Ian, a F:. , pl„ease provide the. following uiformation:: . are you an adjacent property owner? Yes x no. If no, give a detailed explanation of how you are an "aggrieved or adversely. affected person." "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an-interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. Appellant is owner of adjacent property and resident. in the neighborhood. Vail MuniciT)al Code, Sec. 12-9A-8A rL-Q ices design _ =ati hi 1 i t.~z and gPnGi t-ivi ty to A=e1 1 ant' G nr pert~z and immpli ata environment and neighborhood of which Appellant is a part. G. Provide the names and addresses (both person's mailing address and property's-physical address in Vail) of all owners of property which are the subject of the appeal and all adjacent property owners (including properties separated by a right-of-way; stream, or other intervening barriers). Also provide addressed and stamped envelopes for each property owner on the list. H. On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. I. FEE: $0.00 Page 2 of 2 The modification approved by staff should not have been treated. as, falling. within the scope-of' staff approvals perniitted by Vail Municipal Code,.§ 12-9A-2. Staff approval did not comply with the following design criteria contained in Vail Municipal Code § 12-9A-8: A. Compatibility. The modification is not design compatible with and sensitive to the immediate environment, neighborhood and adjacent properties relative to scale, bulk, height, character and visual integrity. B. Relationship. The modification does not provide a compatible, efficient and workable relationship with surrounding uses and activities. F. Design Features. The design and location of the modification is not such as to produce a functional development responsive and sensitive to natural features, vegetation and the overall aesthetic quality of the community. Buffehr Creek Lionsridge Loop 1999 Capital Street Project All Dollars Rounded Budget remaining to date 2,692,000 Base Bid Dow Construction 1,340,000 Alternate "A" Chamnonix Sidewalk extention 86,000 Alternate "B" Lionsridge Loop Sight Distance correction 110,000 Construction Mangement 160,000 Construction Testing 40,000 Construction Surveying 70,000 Design Engineer During Construction 20,000 Property Acquisition 20,000 Construction Subtotal ¢ 1,650,000 196,000 Contingency 180,000 20,000 Total 1,830,000 216,000 Total Base Bid with Alternates 2,046,000 ABC SCHOOL 9708457829 P.01 May 4, 1999 To: Vail Town Council Members The Learning Tree and ABC School Directors request that the Vail Town Council review and amend our lease with the Town of Vail on the Mt. Bell site. We are making this request so that we can be assured that we are given a reasonable amount of time to raise funds to build a new school, if we are mandated by the town to relocate. We do not feel that the 30 day clause that currently exists in our lease would be conducive to a (under looking favorably on our request. In addition, we would need a long term lease stating the location of the new building site in order to approach funders. Thank you for your consideration- We would like to send a representative to the Council meeting on May l 1 in order to answer any questions you may have. Sincerely, Learning Tree and ABC School Di tors U Moe Mulrooney, Cricket Pylman, Cindy Allard and Kristy Grims it ~i i •S Lh~ 129 north f rontage road in vail, Colorado 81657 E'J 970-476-5684 4-29-99 Dear Bob and Town Council,_ The Learning Tree and ABC School would like you to consider amending our lease with the Town of Vail. One of us would like to be in attendance to explain our needs and concerns. Sincerely, Moe Mulrooney, Cricket Pylman, Cindy Allard, Kristy Grims Memorandum To: Town Council From: Russell Forrest Nina Timm Andy Knudtsen, Knudtsen and Company Consulting, LLC Date: May 11, 1999 Subject: Arosa/Garmisch and A-Frame Site 1. Background On May 4, 1999 Council gave staff direction to pursue contract negotiations with the Stevens Group to construct affordable housing at Arosa-Ganmisch and the A-Frame site. This contract will be based on the costs submitted on April 23, 1999 by the Stevens Group. II. Time Line In order to have the units weather tight by the time snow flies this fall, which the budget submitted by the Stevens Group anticipates, it is imperative that drawings and site analysis begin immediately. A letter of intent to enter into contract between the Town of Vail and the Stevens Group was sent out on Wednesday, May 5, 1999. This allowed the Stevens Group to begin construction drawings for Arosa-Garmisch, order soil tests for both sites and begin working on getting a demolition permit for the A-Frame. Beginning this work immediately allows the following schedule to be achieved. Arosa-Garmisch Submit DRB application: May 10 Submit DRB drawings: May 17 Minimum level of detail: quarter inch drawings of four elevations, 10 scale drawings of site plan with existing and finished grades, 10 scale landscape plan. First DRB review: June 16 Second DRB review: July 7 Building Permit application: July 8 Building Permit approval: July 29: Mobilization: August 2 - A-Frame Review Debris Hazard Report: May 18 Review Hydrology Report: May 18 Submit DRB/PEC drawings: May 28 Minimum level of detail: quarter inch drawings of four elevations, 10 scale drawings of site plan with existing and finished grades, 10 scale landscape plan. PEC review/approval: June 14 DRB first review: June 16 DRB second review: July 7 , Building Permit application: July 8 Building Permit approval: July 29 Mobilization: August 2 III. Financing The costs that Tom Stevens submitted on April 23 assume that the Town of Vail will provide financing like what was provided on Red Sandstone. If the Town is not willing to finance the construction of the 8 units in West Vail, Tom Stevens anticipates an additional 10% in cost for the cost of the money. A supplemental appropriation for the cost of construction will be necessary. It is anticipated that the Town will not incur any expenses for the Arosa-Garmisch and A- Frame sites until the Red Sandstone Creek Housing is closed and the Town has recouped its money from that construction. aAA At TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY May 5, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR MAY 4 Work Session Briefs Council members present: Armour, Arnett, Foley, Kurz, Navas --Platz'I Bar Site Visit and Deck Lease Request After a brief site visit, the Council voted 5-0 to approve a deck lease for operators of the Platz'I. Bar, located on the east side of the Austria Haus along East Meadow Dr. This followed conditional approval by the Design Review Board of an outdoor dining area on the town owned property. The deck lease will be applied at the town's standard rate of $4.60 sq. ft. For more information, contact George Ruther in the Community Development Department at 479-2145. --Vail Summer Marketing Update In response to previous questions about the town's return on investment for dollars spent on summer marketing, the Council heard from Frank Johnson and John Garth of the Vail Valley Tourism and Convention Bureau. In his introductory remarks, Johnson said it is imperative for parties to agree up-front on: 1) what outcome the marketing program is intended to produce; 2) through what measurements; and 3) how the measurements are to be calculated. Johnson went on to describe several previous efforts that have been used to measure return on investment, including a study conducted in 1994 that showed an 18-to-1 return on a $150,000 summer vacation guide promotion. With numerous variables, Johnson said it becomes extremely difficult to determine just how much business is attributable to summer marketing without spending additional dollars on research--dollars the Marketing Board doesn't have. John Garth, the VVTCB's new director of group sales and the former sales manager at the Marriott, described return on investment benchmarks of 10-to-1 in the lodging business. Meanwhile, the Council continues to explore funding options for summer marketing. Those options include the possibility of an election to ask for consideration of a lodging tax, sales tax or a combination of the two to create a permanent funding source for summer marketing. Either way, Councilmembers agreed a contingency plan is needed in case the ballot issue concept fails. During discussion, Vail resident Paul Rondeau asked Council to continue to explore alternatives, while Rob LeVine, general manager of the Antlers, encouraged the Council to pursue a framework that preserves a regional approach to marketing. Councilmembers Bob Armour and Sybill Navas agreed. Also yesterday, Town Attorney Tom Moorhead recommended using the enabling regional marketing district legislation as a framework, which would limit the funding mechanism to a voter-approved lodging tax. Councilmembers asked Moorhead to research the lodging tax court case in Eagle as next steps. Discussions will resume at 8:30 a.m. next Monday in the Town Council Chambers for the third in a series of 5 community meetings on the topic. (more) RECYCLEDPAPER r r Add 11TOV Council Highlights/5-4-99 --Holy Cross Energy Franchise Agreement In preparation for the evening meeting, the Council heard an overview of the Holy Cross Energy Franchise agreement. Please see evening meeting briefs for more information. --Lionsridge Loop/Buffehr Creek Road Street Project The Council voted 5-0 to accept the base bid of $1.8 million from Dow Construction of New Castle for reconstruction of Lionsridge Loop/Buffehr Creek Road. Decisions on alternate bids for a sidewalk extension and a sight distance correction will be determined following a Town Council site visit at next Tuesday's work session. Despite Vail's sagging revenue trends, Town Manager Bob McLaurin offered three reasons for moving ahead with the base bid: 1) the importance to reinvest in infrastructure; 2) competitive pricing; and 3) early repayment of $2 million by the Colorado Department of Transportation for assistance with the West Vail roundabout construction. During discussion, the Council heard from adjacent property owners Bruce and Mary Jo Allen, who expressed concerns about the potential loss of trees during the street reconstruction process. For more information, contact Greg Hall in the Public Works Department at 479-2160. --Information Update In response to a request by the Alpine Gardens, the Council agreed to add an agenda item to the May 11 work session regarding a presentation by the Alpine Gardens to increase the organization's lease area in Ford Park, adjacent to the old school house. Assistant Town Manager Pam Brandmeyer provided an update on a Vail appreciation ceremony that will take place in Taos, N.M., Friday (5-14). The ceremony will mark the transfer of two 20- passenger buses from the Town of Vail to the Town of Taos as part of a collaborative effort between the two towns which resulted in a $1 million federal grant for new buses. Officials in Taos also have invited Vail to consider a sister cities relationship. The concept will be explored with the board of the Vail Valley Exchange, which handles Vail's sister cities program with Mt. Buller, Australia, and St. Moritz, Switzerland. Also, Brandmeyer reminded Councilmembers of some sandblasting work at Seibert Circle scheduled on May 10 and 11 (as described in the Town Manager's report). The work will be used to create an exposed aggregate surface to the concrete as intended in the project's original scope. The contractor is being required to correct the problem at his expense. Surrounding .merchants and property owners have been notified of the upcoming work. Councilman Kevin Foley suggested adding project update signs during the work to advise passersby of the nature and duration of the work. --Council Reports Kevin Foley, who represents the Council as chairman of the Eagle County Regional Transportation Authority (ECO), said the board had recently held a retreat and a summary of ECO's goals and objectives will be distributed soon. Foley thanked the town for allowing Vail transit manager Mike Rose to attend. Sybill Navas reported the Open Space Commission has met and will be forwarding its recommendations for dedicated open space parcels to the Town Council in the coming weeks. A three-fourths vote of approval by the Town Council would enable the parcels to be held as designated open space in perpetuity unless voters approve a change in use. (more) 4 Add 2/TOV Council Highlights/5-4-99 Michael Arnett reported on his attendance at the May 10 community marketing discussion. He also participated on the judging committee for selection of the Mauri Nottingham Award winners. Winners will be recognized at the June 1 Vail Town Council meeting. --Other Sybill Navas asked for a revision of the April 20 Council meeting minutes to reflect the status of her vote during the first round of discussions on the Westhaven Condominiums Special Development District'Major Amendment. --Kevin Foley shared constituent complaints regarding early morning (7:30 a.m.) operation of the town street sweeper by residents in the Matterhorn neighborhood. Foley suggested waiting until 8:30 a.m. In the future, Town Manager Bob McLaurin said the town will work harder to be more sensitive to the timing of equipment operations in residential neighborhoods. In response to a constituent letter mailed to the Town Council regarding summer parking options for Ford Park volunteers, Foley suggested a meeting with the Ford Park users group to determine a parking plan for the volunteers. Also, Foley wondered if the town should consider making a donation to the fund for victims of the Columbine High School tragedy. In response, Sybill Navas said she thought a statewide students helping students fund-raising campaign was more appropriate. Also, Bob Armour noted the difficulty organizers will be having in distributing funds that have already been raised. Evening Session Briefs Council members present: Armour, Arnett, Foley, Kurz, Navas --Citizen Participation Kurt Davis, a resident of East Vail, appeared before the Council and presented a petition signed by 166 citizens requesting the town reject any future rezoning requests for the privately-owned parcels surrounding the East Vail water treatment plant. Those properties are currently zoned agricultural open space. Davis said the properties should not be rezoned for development because of their steepness, soil saturation problems, along with other considerations. Although there are currently no applications from the property owners to rezone the parcels, Davis suggested the town consider purchasing the properties to preserve them as open space. Councilmember Sybill Navas said the Open Space Committee has recently met and will be forwarding its recommendations regarding protected open space designations as well as the potential acquisition of several parcels. For more information, contact Russell Forrest in the Community Development Department at 479-2146. --Vail Athletic Club Special Development District Amendment The Council voted 4-1 (Navas against) to deny first reading of an ordinance that would have amended the Vail Athletic Club Special Development District redevelopment. The applicant had asked for approval of an additional free market dwelling unit (condominium), along with the reduction of 8 accommodation (hotel) units for a net of 4 dwelling units and 46-48 accommodation units. That compares to 3 dwelling units and 54 accommodation units approved by Council in 1998. Representing the Vail Athletic Club, general manager Stan Cope said the changes would allow for larger hotel rooms to meet consumer demands for luxury properties, while the additional free market unit would help offset construction of the hotel rooms. Cope also had asked for a one-year extension in which the project would break ground, pushing the deadline to May 1, 2001. Councilmembers expressed frustration with the project, noting that 5 plans have been presented in the past 7 years. Michael Arnett said the proposed modifications (more) Add 31TOV Council Highlights/5-4-99 appeared to be a grant of special privilege and were contrary to the Vail land use plan and the Vail Village Master plan which encourage live beds and discourage condominiums. In addition, Arnett said the SDD process is getting out of hand when developers are allowed to overhaul their projects as deadlines near for what seem to be endless extensions. Similarly, Bob Armour said the proposal was totally unacceptable because of the reduction in the number of live beds. Armour said he continued to support the previously approved development plan. Sybill Navas expressed mixed feelings about the proposal, noting the importance of creating a project that works for everyone. She also expressed concerns about the one-year ground breaking extension, as well as the need to move forward with previously approved public improvements around the property. Kevin Foley also expressed concern with the request, as did" Ludwig Kurz. Kurz said the proposal seemed to be moving in the wrong direction based on the town's goal to increase the number of live beds. In addition, Kurz said it wasn't within the town's purview to consider the financial implications of the development. During public discussion, the Council heard from Jim Lamont of the East Village Homeowners Association and attorney Art Abplanalp, who represented an adjacent property owner at the Mountain Haus. Both asked Council to deny the request, saying the proposal doesn't meet the town's master plans. A motion to table the proposal, as requested by the applicant, failed due to lack of a second. For more information, contact Dominic Mauriello in the Community Development Department at 479-2148. --Holy Cross Energy Franchise Agreement The Council voted 5-0 to approve first reading an ordinance that would grant a 20 year franchise agreement with Holy Cross Energy. The last electric utility franchise agreement was granted to Holy Cross in 1979. The new franchise includes creation of a Community Enhancement Fund in which Holy Cross will voluntarily donate 1 percent of its prior year's gross revenues to the Town of Vail each year. The revenues, an estimated $100,000 annually, will be available to be used for the following community purposes: beautification projects, energy conservation projects, equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land and development thereof, sponsorship of special community events, and undergrounding of overhead electric and other utility lines. The new fund is in addition to the franchise fee of 3 percent of gross revenues collected from the sale of electricity to customers in Vail. Town Manager Bob McLaurin has asked Council to consider increasing the franchise fee from 3 percent to 4 percent as part of the agreement, which would add $100,000 annually to the town's general fund. This would increase residential customer bills an average of $8 per year, or a $45 average annual increase for commercial customers. McLaurin will ask Councilmembers to consider the possibility of increasing the franchise fee during comprehensive budget discussions in June. For more information, contact McLaurin at 479-2105. Westhaven Condominiums Development (Cascade Village Special Development District Amendment) The Council voted 5-0 to approve second reading of an ordinance to approve a major amendment to the Cascade Village Special Development District to allow for the construction of 11 fractional fee club units, 17 accommodation units and 21 employee housing units on the site known as the "ruins" (so called because of its unfinished condition). Ground was first broken in 1982 to construct a parking structure, plus 14 units. But the project was soon abandoned due to financial difficulties. Since then, there has been one other unsuccessful attempt to develop the property. In voting to approve the latest development proposal, the Council has required the developer to post a bond to restore the site to its pre-construction condition should the latest attempt fail within the next 12 months. Also, Councilmembers agreed to reduce an on-site parking requirement from 74 spaces to 52 spaces during second reading. For more information, (more) Add 41TOV Council Highlights/5-4-99 contact George Ruther in the Community Development Department at 479-2145. --Resolution for Two-Tier Lottery System for East Vail Buy-Down Unit The Council voted 5-0 to approve a resolution approving a two-tier lottery system for the East Vail buy-down housing unit. Because the unit is subject to the rights of first refusal held by other condominium unit owners within the Vail East Lodging association, the town will offer the unit to those owners via a second tier lottery for a minimum of $162,500, which represents fair market value based upon the town's purchase price plus additional expenses incurred by the town. In 'the event the unit is sold at the fair market price, there would be no deed restrictions placed on the unit. The first tier lottery will offer the unit for sale with deed restrictions to a qualified buyer . at a reduced price of $140,000. The deadline for applications within the two tiers is noon May 6, with the lottery scheduled for May 20. For more information, contact Town Attorney Tom Moorhead at 479-2107. UPCOMING DISCUSSION TOPICS May 11 Work Session PEC/DRB Review Discussion of Vail Marketing Site Visit and Appeal of PEC Approval of Ski Tunnel at Golden Peak Learning Tree Presentation May 18 Work Session Interview for 3 Liquor Board Positions Interview for 1 Vail Valley Marketing Board Position Presentation of TOV Community Survey Results Discussion of Ordinance #10, Marriott SDD Amendment Discussion of Vail Marketing May 18 Evening Meeting Appointment of 3 Liquor Board Positions Appointment of 1 Vail Valley Marketing Board Member First Reading, Ordinance #10, Marriott SDD Amendment First Reading, Ordinance #14, Glen Lyon Office Building Second Reading, Ordinance #13, Holy Cross Franchise Agreement Second Reading, Ordinance #12, Vail Athletic Club SDD Amendment An open letter to the persons picking dr- T(iV environmental award winners, I don't know much about some nominees but I am familiar with Russell Forrest who was nominated for holding a sustainable development meeting and Kim Langgmaid who has a nature, not an environmental education program. Nominating Russell for an environmental award is like nominating Eric Harris, Dylan Klebold or Slobodan Milosevic for a humanitarian award. While posing as an Environmental Policy Planner Russell refused sustainable development. First Russell never thought of it, and when presented to him, Russell refused it. One highlight, Russell refuses to support renewable energy. It was reported at Russells meeting Aspen stated they have the first renewable energy, wind powered lift. VA has refused this action for 5-6 years, and eventhough VA, Chris Ryman, gave me a comp ski pass to begin an association with the National Renewable Energy Laboratory in Golden Co., VA then refused to live up to the deal. Russell refuses all renewable energy actions and hasn't encouraged VA to let me develop the concept into a reality. I think Vail would have been proud to say we were the first to have a renewable energy lift, but because of Vails environmentally unconcerned and ignorant leadership Vail is unnecessarily far behind, and eventhough proven doable, I don't believe Vail is looking into it, afterall it's easier to distribute inisolation propaganda claiming you're environmental to the audience you keep unaware of what you won't work to accomplish. Since Russells meeting VA announced a new Category 3 plan, a bigger fossil fuel generated energy Cat 3, what environmental experts recommend against and says is the cause of many of our environmental problems today, the valid to 1999 Category 3 environmental argument VA, the TOV and NFS refuse to identify and 'minimize and mitigate the environmental consequences of as Andy Daly has falsely assured the public VA has done. Russell refuses many actions experts state are necessary, actions you don't understand the importance of lhecluse the major" thingRussell1has done is ensure people in Vail and the U.S. remain environmentally illiterate. I could go on and on in truth of now environmentally irresponsible Russell is, and as proven for years Russell won't even try to defend himself because he can't. Now the environmentally ignorant TOV will happily give Russell an unsubstantiated award,'and Russell will'be'ail to happy to accept it, while behind the scenes and publically unaware, Russell will continue to ensure susiainabl~e, development and environmentally responsible actions and education aren't allowed to happen. Although Kim Langmaids intentions may be sincere, tier end'results come up short. Kims educational program is the equivalent of what I learned under the 'title nature, which has very little to do with why you hear the word environmental today. Kim has been made aware of a' designed to put information in front of people on a national level, daily, on a weekly topic basis, a program syndications complimented for years before stating there'is no market for it, yet I have not received a copy of the letter,Kim has sent to VA, Russell/TOV'and the papers encouraging this program be presented, because she wants to learn how to be `environmental. Everytime I see Kim it's like everytime I see Russell, she is doing an irresponsible and destructive action the' expet. s'state w6'c'r't'.'This is'not good because when the public sees someone they perceive as environmental because this peison will make''you have that warm fuzzy feeling you are doing environmentally good because they teach you about nature and make'you think it's environmental, while doing irresponsible actions, then you will be 'even less willing to hear what the experts say we can't do because your alleged environmental educator, through environmental !illiteracy, rs' doing the same irreponsible actions as you do. My educational program puts information in front,of:people'of all ages daily, defining the consequences of your actions, discouraging irresponsible actions encouraging sustainable'devclopment. The problem is environmental comes down to your daily actions, but if being environmental means being responsible as individuals, then suddenly people aren't interested. The good thing is education will makelyou Want~to,bccome responsible, the bad thing is, for all the environmental education propaganda our paper's put out, they refuse to present the most important education to you, even on a trail basis, to give you the chance to overrule Russell, the TOV, VA and the papers censorship. But then it will come down to Vails people, who could prove syndications correct, ihatthere is no market for a responsible environmental education because it's much easier to'have;that warn fuzzy feeling you are being reponsible because you dropped your kids off for a nature educationvhere y,'ou cab see your environmental award winning education hero doing the same irresponsible actions you do. Noone in Vail deserves an environmental award Unless Rrssell,would like to tie VA in the Most Refusing of Responsible Environmental Actions and Education A''a' d he most definatcly does not. If the TOV were giving awards for a nature education then Kim,'might be a'candf 'ate; btit`'this-is i;an environmental not a nature award. The TOV really has it's nerve distributing environmental!awards1when for ab' u' "6 years they have refused to be environmental, learn how and why they should, because likes VA; it's` all to easy, for;ttie TOV to distribute in isolation propaganda that they are environmental, and what a better way to do it than give their so called environmental worker their lacking merit and substance award. Eileen Connors 479-1132 I: i I ' ' ir' I i) II i ' 1. ~cd,ct.G . Vail Alpine AP Garden R, g Foundation April 27, 1999 Mr. Rob Ford, Mayor Vail Town Council 75 South Frontage Road Vail, CO 81657 RE: Extension of Lease and Use of Schoolhouse Museum Dear,Rob and Council Members: The Vail Alpine Garden Foundation is requesting an expansion of the lease area for Betty Ford Alpine Gardens to include the Schoolhouse Museum and the grassy area east to the transformer and pathway across Gore Creek. We would like to use this area for a children's schoolyard garden and raised garden beds to provide horticultural therapy opportunities for disabled children and adults. We would also like to explore possibilities for further outdoor interpretation displays incorporated within a sitting area. Betty Ford Alpine Gardens has informally used the Schoolhouse for the last two years as a small gift shop and, in the rear, a location for tools and supplies. In return, we have kept the Schoolhouse open to the public as a museum. Visitors respond very positively to the school and historical exhibits, and the Gardens has increased merchandise sales from $1,000 in 1997 to $12,000 in 1998, earning needed income for care of the Gardens., The significant expansion of the Gardens this summer will increase that need. Our new Volunteer Auxiliary plans to keep the Schoolhouse open on a regular basis this summer, serving both the interests of the Gardens and Town of Vail. In earlier conversations with Pam Brandmeier and Todd Oppenheimer, they recommended that we present a proposal for the uses and responsibilities of the Schoolhouse and surrounding area. These issues are outlined below. Vail Alpine Garden Foundation Uses and Responsibilities 1. Gift shop activities during the garden season. 2. Small classroom activities during the garden season. I Maintain the Museum art ifacts to be kept on display. The original photographs are stored in the Eagle Library through the Historical Society. 4. Develop a children's garden around the Schoolhouse which will include raised beds for the training of disabled youth and adults. 5. Interior painting and exterior trim painting and log staining, and other interior, non- structural modifications which will respect the historic nature of the building but will increase the usefulness of the facility (display surfaces and bookcases, for example). 6. Discuss level of liability insurance to be maintained. "Our flowers in the summer are as glorious as our snow, in the minter. 183 GORE CREEK DRIVE • VAIL. COLORADO 81657 • 970.476.0103 • FAX 970.476.8702 ® ReCyc1 R.yd d B0 Pape Mr. Rob Ford and Members of the Vail Town, Council -April 27, 1999 -page two Town of Vail Responsibilities 1. Install electricity for lighting and heating from the new panel installed for the '99 World Alpine Ski Championships. 2. Maintain structural integrity of the building, including exterior repairs (roof, chinking, and assistance in building an attached shed to house the electrical equipment and garden tools/equipment). 3. Assure safe maintenance of the electrical equipment attached to the back of the . building. 4. Establish a new lease line for the Schoolhouse area, within which the Foundation will create new programming for children and disabled adults and expand interpretation - for the Gardens. 5. Discuss level of 'liability insurance to be maintained. We would welcome the opportunity to discuss formalizing these issues with Town Staff and Council Members. Sincerely, Helen S. Fritch President of the Board f. Hvmeno_rVs grandiora Old alan t)f the 8/otrrztain ® Pnnt _ Aa Yela Pape S&P rates Vail Resorts senior subordinated notes Page 1 of 3 X c: GLu-ci,L Playback the fop stories M Pemver C., 0 7 EX: S&P rates Vail Resorts senior subordinated notes ASSOCIATED PRESS NEW YORK, May 4 - Standard & Poor's today assigned its single-'B' rating to Vail Resorts Inc.'s $150 million senior subordinated notes due 2009. 0 COMPLETE STORY ~ bans in the news on [Mrnesandnoble COMPUTkINMENT I msn Gam'"" shopp"'.1g: MNYAY7 "Wie pay a [ ` POINT (x EvEIMarj CLICK mile pack -e2 - SHOP VU The company will use the proceeds from the offering to refinance debt outstanding under its credit facility. In addition, Standard & Poor's assigned its double-'B'- minus bank loan rating to the company's $450 million credit facility. A double-'B'-minus corporate credit rating also was assigned to the company. The outlook is stable. The ratings reflect Vail Resorts' consistent operating performance and good revenue mix, offset by a lack of geographic diversity, as well as the risks associated with operating in a highly seasonal and cyclical industry. Vail Resorts operates four mountain resorts in Colorado: Vail, Keystone, Beaver Creek, and Breckenridge. The 1997 acquisitions of Keystone and Breckenridge doubled the company's size. http://www.msnbc.com/local/RTCO/5193.asp 5/5/99 S&P rates Vail Resorts senior subordinated notes Page 2 of 3 In addition to the four resorts, current operations include eight hotels and 66 retail stores operated through a joint venture. The pending acquisition of the Grand Teton Lodge adds important operating diversity as the company's first holding outside of Colorado. Additionally, the property, which achieves its peak revenues during the April to October period, should help blunt the effects of seasonality by increasing the portion of revenues that Vail Resorts derives from summer activities to 22% of total pro forma fiscal 1999 revenues for the year ended July 31, 1999. Overall skier visits have been flat since 1985. The industry is undergoing a period of consolidation: there are 520 ski resorts in the U.S. today versus 735 in 1983. However, the industry remains highly fragmented, particularly for day resorts. The five largest industry players received a total of about 19 million skier visits in 1998, or about 35% of the 54 million total skier visits for the industry. Vail Resorts' share of that total was roughly 9%, compared with 10% for American Skiing and 9% for Intrawest. Vail Resorts' operating margin was about 31 % during fiscal 1998, up from 26% during fiscal 1997. However, the company's fiscal 1999 margin is expected to be considerably lower, reflecting the poor snow season. Pro forma for the offering and the Grand Teton acquisition, earnings before interest, taxes, depreciation, and amortization (EBITDA), coverage of interest expense is expected to fall to 3.1 times (x) for the fiscal year ending July 31, 1999, versus 6.6x for the 12 months ended Jan. 31, 1999. Pro forma for the notes offering and the Grand Teton acquisition, Standard & Poor's expects debt to EBITDA to rise to 3.9x. Debt maturities over the next three years are moderate, totaling about $5 million. However, the company's $450 million credit facility expires in December 2002. In addition, capital spending for existing resort operations and real estate development is expected to total about $85 million through 1999. However, the low level of required maintenance, about $12 million per year, combined with the company's track record of positive discretionary cash flow, provides a degree of financial flexibility. Business risk remains a concern, particularly if the next ski season produces a continuation of this year's unfavorable weather. However, the risk is somewhat mitigated by the company's relatively diverse revenue mix and the pending acquisition of Grand Teton Lodge. Outlook: Stable Unused borrowing capacity and the absence of near- term debt maturities should allow the company to carry out its intermediate term development strategy while http://www.msnbc.com/local/RTCO/5193.asp 5/5/99 S&P rates Vail Resorts senior subordinated notes Page 3 of 3 providing a degree of financial flexibility. The outlook incorporates Standard & Poor's expectation that the company will continue to make strategic acquisitions. © 1999 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed a NEXT STORY ~ msn r. MSNBC is optimized for • MSNBC Terms, Microsoft Internet Explorer Conditions and • Windows Media Player Privacy © 1999 P01 T. Cl IC11 S Mil P. Cover I Quick News I News I Business I Sports I Local News Technology Living & Travel I Health On Air I Opinions I Weather MSN Comics I Find I About MSNBC I Help Index Cool Tools Jobs I Write Us I Advertising on MSNBC I Terms, Conditions, and Privacy http://www.msnbc.com/local/RTCO/5193.asp 5/5/99 I is allowed to get largely nlspanlc. tined r rhopd - L t?~~~ghbo !ing teaching envi- . , ' W. 'p nstltutions are not sst ary ,r' I UNION .r their o sake. 1, 1 1, t r 6' 1 nth [ E 'fit ..fir ~ t`e f, e a principal om the fact tha Sol The Darner Post I Karl Gehring `v. .i; veered; and tlia>t F ri; s kids,,, Oliver sal nment where the'\'~ N11rS111gY- a where kids can a >=r re;/; :e(c`~} mellow teacher. ~nlon t h7i~ `r , t 4 ~ ies appear here Tuesday, f R tw as st.com y The Denver Post o a a ad ttie nutiibers iin Y pulse of its readers Er4 i's'face. - > • 't _ . rstion in the news. nb amp of his shoulders said of todays question ~t 28 ~vo s for., the downcast eyes, pear on page 1 B in said 32 v'oteS g - t. novels paper. Fouk)years%of:.,€ ghting for a union at Berkley Manor, nursing home.. ended in a ~ loss ;fgr;Hall•`on`WVe;' ay, and a warning ` from thefcomp! y' that may face them a aid lid court.. I in Clement Park g. 3 >tudent unman? rS,Qing across, the street from Berkley :jam 9 Manor with a group l f "n porterts fflichael Rail _scixfllo ed a ew timesa4~d. 'd not 1-8002 to to'Nina$eNit all be ten t r answer BOOth by SA g. woul( be E yL~ and 5 p.m. fine "s sappoint- ~ ks IA?' ing, said - ASWER: Hall, a longtime nursing..aide'f~ d.other union activists were trying to\m e. the rated? Life Care Centers of-America .fact' one special to the Denver Post i Quemin Hine. INT u of the first nursing homes in, to 3 /0 EXPERT.AT PLAY: Jonathan Stevens, 9, a third-grader at Red Stone Elemen- - have union representation: - 6 .7°/a tary, was one of 20 kids who field-tested playground equipment in parks , Hall began his fight with Life .Care ' ur throughout Eagle Valley on Wednesday. Vail sought out the. real experts, to. igned poll, and therefore years ago, when he was fed lip with w t ie validity or its results. help the town redesign its showcase playground at Ford Park. STORY, 4B" Please. see BOOTH. on 3B\ _ to ; ;f - ML u',l r _9,pv'Wu, w , assessors this week and next week find . have, to evacuate the place. 1 wouldn terio•us f death ;without. all:;eyewitness nsivecre unit.. $ : sufficient damage of uninsured proper- . want anybody to get hurt. j 1, 6 -r ut it is:associatedaWith traume.(exten-'hz ns b ,3 : ty, federal money will then,.be'sought to Denver Post Staff Writer Coleman slue tinusmg) ";;'.i JY z Y•,, ' ` pay for the runoff's wreckage, said Sue Cornelius contributed 6 this story. The Derner Post ; Wi1s0a,satd,it seemed more likely y to- ,sing ' of ~,`•i,;. ;him that,Roberta's death was, .an acct. L-c~z l n;Paeblo business- • • • _ " : • dents and ..self-inflicted: However,; he 9d. & Jug;convenience ; said, he could not,rule out the possibili-; to missing Pueblo Vail, takes: s serious ties that Roberta j died 'from undeter- ,.play y mined natural causes or was-the victim` mi ,e'Loaf & Jug chain i of a homicide.. r g King, convenience. B Steve Li sher adorned with green rubber bands: Monda y P i F ~d`mg Y Denver Post staff writer Youngsters Consulted Sitting nearby on the town bus zip- Different SC@i18r103 ' VAIL -A blue-ribbon panel of ex- ping from park to park, a group of girls after' he failed to on playground revamp sang "Bumblebee Son" I cannot tell you what happened v of last talked to Jones pert, toured park sites throughout the ' g the g, while this girl," Wilson said. "There are sv Eagle Valle on Wednesday, Ahird-graders Taylor Campbell and best Y ` Y garnering. lous Nottingham Park in Avon, the tiny. friend Morgan Currie, both 8, practiced eral possible different. scenarios that ifi Alan d Pueblo De u ideas for the perfect playground - and would account for the facts." . " ' °anI 'sai p - Eagle-Vail playground and even stop- math.with multiplication flash cards. , • "on er ham.. "He missed a skipping school. ped at the exclusive Vail Athletic Club : Wilson said the fresh bruises c ated si the b9icoir h is totally out of . "This is fun. We get to 'get out of to check out the elaborate indoor clim- ' tion Back at the public works tr steated treated si d e s of her head and face indicmmolrr school and o and it's' not ust building, the students weere re tr led,the meeting for g play, j bing wall before seeing the nook of to pizza and a slide show of other parks, that she was struck or that she hit her fist; John playing. It's actually helping our town," ' Ford Park where their ideas would be then asked to draw u their own ideas own head, perhaps by sitting up sudden- =nscolo Jones. had been ab- said 9-year-old Axel Spaeh, one of 20 : P realized. • , . ly in the somewhat cramped low;gr T~ not rulin art-time consultants full-time kids re- on the paper-lined tables. g anything re- P bunk. It was her first night in the lower zsvThec "Nothing is out of bounds today," said . Katie Lindbloom 12 .came up with a to,* ;any sigw. of cruited for the day-long venture to help Diane Johnson the youth-services coor- bunk; she had been sleeping on the lop goa~`d ,i r':. Vail. redesign its showcase playground laundry list, including: level, he said. She could have knocked bAcra',' at Ford Park. dinator for the Vail Recreation District. ¦ Sand, not gravel. herself unconscious vomited and then asi,°?,o and - "We want you to dream a little bit to- Swings are cool ' ~~pp The effort, launched by parks super- . inhaled it he said. °"C e*Oye , intendent Todd O enheimer is the day' ¦ Lots of trees. 0 P PP Wilson said he was more' concerned b94Den, .tone Strati,, Cabin, first step in a $250,000 makeover of the Some of the ideas were decidedly ¦ I like colors. that someone struck or suffocated Rg-b- ed inflames early playground and generated blunt opin- novel - Spaeh. suggested a racing • A theme would be cool. A jungle erta than he was persuaded that the 9djAurc ions and enthusiastic comments from slide in which two chutes would start theme is cool. see an apparent arson, - while 0th- "I'm soft, stretchy restraints used on her mph the people in the know. separately but soon merge almost overwhelmed with all POW could have caused her death. However, ~s , it.`thii4ai a very "The thing that's bad about metal ers focused on what currently captures the ideas and just looking forward to he said given the placement of 'the sdism istory,:'•`said Deputy parks is they're either too cold or too their fancies, including an overhead sorting through them," Oppenheimer bruises a the "con caption" enclosing 91NOT County Sheriff's Of- hot," opined .12-year-old Sabrina Ste- handle that runs on rollers and the good said. "They're the best consultants I ev- her bed, someone smothering her zscLeor enda'ls behind the Marie, a fifth-grader at Red Sandstone old standby, a tire swing. er hired, and the only ones that work seemed north gv Elementary. "We don't want to do just the same for pizza." Toth' Wilson said Roberta 's established his -606 of'an attempted but A tree in the middle of the play- old swings and slides and stuff, Oppen- For all the fun of skipping a day of tory as an'abused child, which included balotne. cabin In December, ground, very cool," said Meagan Mc- heimer told the kids, encouraging them school to check out playgrounds, the exposure to drugs and alcohol in her .19AS Donnell, an eighth-grader at Minturn . to be creative. `students took a sense of pride in what mother's womb, made it more, likely ~(lsAve mon se6 d-oldest struc- Middle School. And I like the idea of Catherine Dann, a sixth-grader, rev- they considered to be a very serious job. that the Everses' descriptions of abnor- -noc .,E and"wa8 part of the, lots of rooms because I've been in parks eled in being considered an expert at age "We get to design a new place and mal, sometimes self-destructive behav- _VP, ,t. The historic land- a lot of times when it started raining." 12. "Sometimes kids don't get to say later, we'll be able to tell our friends, 'I iors were true. She could have been 09; of a county park on The group field-tested equipment at what they want, when it's actually for helped design this park,' " said Ian thrashing around in bed and.hit her zsn Ilins near the Cache Homestead Park in Edwards, the fabu- the kids," she said, flashing,her braces King, a fifth-grader., head, he said. le farmer'and early • • 64, using hand-hewn er flooded in 1904x Convicted sex one11 er runs ki s gym ` By Kirk Mitchell background was a "small shock," and Fehlberg to get sexual-compulsion no) ,r Denver Post Staff Writer she predicted that when parents read LA JUNTA counseling. irer.Lopez "''i about it they will be "frantic" and Dan Fehlberg wqs convicted in 1991 pull guilty because he was terrified of court. Fehlberg said he met the girl at a s of a sex crime ~gai is a 9-year-old girl their kids out of the school if they don t Morristown gymnastics school where c: rposLcom ' and several years later moved to Colo get an explanation from Fehlberg. "It's not fair. I don't want to hold my he taught. On the day of the alleged as- -Zit 7679 ' rado and registered as a sex offender. Both coaches fervently support Fehl- head in shame because of something that ha ened so long ago," Sault, he baby sat the girl by taking her ngPost' 1560 Broad- Today, he teaches gymnastics to 60 berg, saying he is an excellent coach PP g he said. to a kids movie, he said. T 13Ai1 ling:abituaries, please << and is not a threat to kids. People are more understanding with Joni, children in his private gym Danos The girl kept acting more like an rs ;;Pn ` School of G mnastics" in La Junta. And at least one parent said she will mass murderers than with this." 8.0 ,UREAII: Steve Lipsh Y adult on a date than a child, running her i81:ma 70.513-9496" Though fellow coaches.who work for let her children continue to take classes Fehlberg pleaded guilty on March 12, fingers through his hair and jumping on n;, ofY! AU: ;Electa Draper, Fehlberg vouch for his character,theY at:the gym. 1991, to charges of criminal sexual con- his lap, Fehlberg said. S0•1~1 . . . _ ,,.,a ................................r.._.. _r _ „ /y TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE May 5, 1999 Contact: Ellie Caryl, 748-0702 Greg Hall, 479-2160 Eagle County Regional Trails Acting Public Works Director Program Coordinator Recreation Path to Close May 15-June 10 VOLUNTEERS NEEDED FOR DOWD JUNCTION DEER MIGRATION STUDY (Vail)--Volunteers are needed to help with an upcoming deer migration study that could determine if deer and humans can co-exist along the Dowd Junction recreation path during the 's spring and fall migration seasons. The study is being conducted by the Colorado Division of Wildlife and will require public closure of the path from May 15 to June 10. Volunteer shifts are from 5 a.m. to 9 a.m. Up to four volunteers are needed each day. The volunteers will work with wildlife biologist Bill Alldredge in evaluating the deer's response to bicyclists and pedestrians who are strategically placed along the trail as the deer descend from the north side of 1-70, through a wildlife tunnel and then past the path. Alldredge also will be testing a screen mechanism that will help shield the path from the deers' line of site. Once the study is complete, recommendations will be made to shorten, expand, eliminate or maintain the length of future closures, as needed. The migration study is being funded by the Town of Vail. Previously, spring and fall wildlife migration closures had been required by the Colorado Division of Wildlife as a condition of the recreation path's approval. For more information on the volunteer shifts, contact Ellie Caryl, coordinator of the Eagle County Regional Trails program, at 748-0702. For information regarding the closure, contact Greg Hall at the Town of Vail at 479-2160. RECYCLED PAPER u TOWN OF VAIL Office of the Town Attorney • • , 75 South Frontage Road • Vail, Colorado 81657 970-479-2107/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: R. Thomas Moorhead DATE: May 10, 1999 RE: Local Marketing District/Lodging Tax Attached you will find notes that I have prepared concerning the procedure to be followed to create a local marketing district pursuant to Title 29, Article 25, Local Marketing Districts. There also had been Council discussion concerning a tourism tax. Many municipalities in Colorado do charge a tourism tax in the form of an additional sales tax. This is typically charged on hotel rooms but also could relate to other tourist type activities. As a Home Rule Municipality the Town of Vail would have the prerogative to raise funds for marketing. Municipalities have been taxing for this purpose for a long time prior to the enactment of the local marketing district legislation. Section 31-15-901, C.R.S. specifically states that each municipality has the power "to appropriate monies for the purpose of advertising the business, social, and educational advantages, the natural resources, and the scenic attractions of such municipality..." I believe that notwithstanding this section the Town of Vail has the authority to do this as a Home Rule Municipality. Ordinance No. 22, Series of 1993, established the election question for the construction, marketing and operation of a performance and conference center. This was going to be accomplished by the imposition of a new sales tax of 0.9 percent on restaurants and bars and a new sales tax of 1.8 percent on lodging. ~a RECYCLEDPAPER I hope this information is helpful. Please advise of any additional questions or comments you might have. Thanks. RTM/aw xc: Robert W. McLaurin Pam Brandmeyer Steve Thompson t MARKETING DISTRICTS* (for a governing body of a single local government) Legislative Declaration: "Promote the continued vitality of commercial business areas within local government." Organization and Creation: 1. Initiated by a petition filed in the Town Clerk's office. 2. Petition shall be signed by commercial real property owners in the service area having a valuation for assessment of not less than 50% of the valuation for the assessment of all commercial real property in the service area. ("Service area" means the area described in the ordinance, resolution or contract creating a district. Such area may not include territory within the unincorporated boundaries of a county without the consent of the governing body of such county.) The petition shall set forth: a. Name of the proposed district. b. General description of the boundaries. C. General description of the types of services to be provided. d. Names of three persons to represent the petitioners, who have the power to enter into the agreements relating to the organization of the district. e. A request for organization of the district. 3. After receipt of petition, the Town government by ordinance may create a district that is authorized to exercise the functions conferred by the provision for local marketing districts in the Colorado Revised Statute. The district shall constitute a separate political subdivision and body corporate of the state and shall have all the duties, privileges, immunities, rights, liabilities and disabilities of a public body politic and corporate. 4. Ordinance or resolution shall specify: a. The name and purpose of the district. b. Voting requirements for the district elections...... d. The provisions for the distribution, disposition- or division of the assets of the district. e. The boundaries of the district, which may not include territory outside of the boundaries of the local government that creates the district. f. The term of the district, which may be for a definite term or until repealed, rescinded or terminated, and the method, if any, by which it may be repealed, rescinded or terminated.... h. The limitations, if any, on the powers granted by this article that may be exercised by the district pursuant to this article. * This document is a compilation of pertinent parts of Title 29, Article 25 and is not complete. 5. Ordinance establishing a district requires two public hearings. The local government shall give notice of the time, place and purpose of the public hearing by publication in a newspaper or circulation in the local government at least ten days prior to the date of public hearing. 6. No ordinance establishing a district shall take affect unless first submitted to a vote of the registered electors residing within the boundaries -of the proposed district. The question of establishing the district shall be submitted to such registered electors at a . general election or a special election called for such purpose. Such election may be held . at the same time and in the same or a separate question as the election required to levy marketing and promotion tax. (29-25-112) The district shall not be established unless a majority of the registered electors voting on the establishment of a district at the election vote in favor of the establishment. The election shall be conducted in substantially the same manner as municipal and county elections, and the Town Clerk shall assist in the conduct of the election. 7. The petition shall be accompanied by a bond with security approved by the municipality sufficient to cover all expenses connected with the proceedings, including any elections, for the organization and creation of the district. Hearing. 1. The municipality in the public hearing shall ascertain, from the tax rolls, the total valuation for assessment of the taxable real and personal property in the service area. If it appears that said petition is not signed in conformity herewith, the petition shall be dismissed. 2. The findings of the municipality upon the question of the genuineness of the signatures and all matters of fact incident to such determination shall be final and conclusive. 3. . Prior to the organization, the municipality may exclude property from the service area or boundaries of the district if deemed to be in the best interest of the district. 4. Upon completion of the hearings, municipalities shall by ordinance adjudicate all questions of jurisdiction and may declare the district organized, describe the boundaries and service area of the district, and give it the corporate name specified in the petition. 5. Such ordinance shall finally and conclusively establish the regular organization of the district against all persons unless an action is filed attacking the validity within sixty days after the effective date of the ordinance. Board of Directors - Duty. 1. (a) If the governing body of a single local government creates the district, such governing body shall constitute ex-officio the board of directors of the district. (b). Municipality may, at any time, provide by resolution or ordinance for the creation of a board of directors of the district consisting of not fewer than five members. Each member shall be an elector of the district except that no more than one-half of the members of the board may be affiliated with one owner or lessee of taxable real or personal property in the district. Each member shall serve at the pleasure of the local government.... (d) Petition initiating the organization or any subsequent petition signed by persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, and who own at least fifty percent of the acreage in the proposed district so specifies, the members of the board of the district shall be elected by the electors of the district..... 3. Potential conflict of interest pursuant to Section 18-8-308, C.R.S. must be disclosed. 4. Municipality that establishes a board of directors may set such conditions, limitations, procedures, duties, and powers under which the board shall conduct its business. Approval of actions by local government. No district shall levy a marketing and promotion tax unless the municipality has approved an operating plan for the district. Operating plan shall specifically identify the services to be provided, any marketing and promotion tax to be imposed and such additional information as required. The district shall file an operating plan and its proposed budget for the next fiscal year with the Town Clerk no later than September 30`h of each year. All of the business records of the district shall be considered public records and shall promptly be made available upon request. The municipality should approve or disapprove the operating plan within thirty days. Thereafter, the services and financial arrangements of the district shall conform so far as practicable to the operating plan. Operating plan may be amended with the approval of the local government. Any material departure from the operating plan, as originally approve or amended from time to time, may be enjoined by an order of the local government filed with the board. General Powers of the District: 1. The district has the following powers, except as limited by the operating plan: (a) To have perpetual existence. (b) To have and use a corporate seal. (c) To sue and be sued and be a party to suits, actions and proceedings; (d) to enter into contracts and agreements, (e) I. To provide any of the following services within the district: (A) Organization, promotion, marketing, and management of public events; (B) Activities in support of business recruitment, management, and development; (C) Coordinating tourism promotion activities. II. No revenue collected from the marketing and promotion tax levied may be used for any capital expenditures, with the exception of tourist information centers. (f) To have the management, control, and supervision of all the business and affairs of the district and of the operation of district services therein; (g) To appoint an advisory board of owners of property within the boundaries of the district and to provide for the duties and functions thereof, (h) To hire employees or retain agents, engineers, consultants, attorneys and accountants; (i) To adopt and amend by-laws not in conflict with the constitution, laws of the state, or with the ordinances of the municipality for carrying on the business, objectives, and affairs of the board and of the district; and (j) To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of the marketing district's article. Power to levy marketing and promotion tax. 1.(a) In addition to any other means of providing revenue for a district, the board has the power within the district to levy a marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations. Such tax shall be specified in the petition organizing the district. No such tax shall take affect unless approved by a majority of the eligible voters voting thereon in a general election or a special election called for such purpose. MAY, 7, 1999 11:48AM i N0, 6304 P. 1/2 -N E r S RE L E AS E VAIL RESORTS' FOR IMMEDIATE RELEASE Media Contacts: Kristin Yantis, (970) 845-5721, kristin@vailresorts.com Kelly Ladyga, (970) 845-5292, kladyga@vailresorts.corn VAIL'S JAIZNOT DUBBED "RISING STAR" BY TRAVEL AGENT MAGAZINE VAIL, Colo. - May 7, 1999 - Chris rarnot, marketing director for Vail and Beaver Creek, was recently named one of the travel industry's top 100 Rising : Mars in the April 29 issue of Travel Agent Magazine. "It's quite an honor to have the editors of Travel Agent recc gnize my achievements during my tenure with Vail Resorts alongside those of young executiv 's at the top airlines, hotels and cruiselines," said Jarnot. "I'm grateful to Vail Resorts for providing me with the opportunities that I've had to grow in my career over the past 10 years and fo, the incredible support that I've been given every step of the way. I'm proud to represent the coz apany, the valley and the ski industry among the rest of the travel industry." According to the publication, the special Rising Star issue "sets out to find some of the best and brightest young people in the travel industry. We wanted t) identify a representative sample of the industry's next generation of leaders - those people with tl1 a potential to take travel and tourism into the new millennium." Jarnot was chosen for the honor because of the achievemer is throughout his tenure at Vail Resorts. He joined the company directly out of college and has held numerous positions in the marketing, advertising and reservations departments. Now 31, and a 1 fe-long resident of the Vail Valley, Jarnot is Director of Marketing for both Vail and Beaver C reek. -more- veil ne~orly M"J",i9etn"11 ComPany • POSI O fict- Box 7 • Vail, Colonilla 116.s.kj • 137 Benrhmirk 11oad • Avon. (:olonido 81620 V A I L B E A V E R C R E E K"' - B R E C K E N R I D G E K E Y S T 0 N E°' MAY, 7, 1999 11:49AM N0, 6304 P. 2/2 JARNOT AWARD 2-2-2 The editors and writers of Travel Agent selected the top 100 Rising Stars based on the following criteria: ? Candidates had to be 35 years old or younger; ? They had to be in an executive position with some man<.gerial authority; and, > They had to be recognized by their company, travel age icy or tourism organization as someone with the potential to gain even greater responsibility in t he future- MAY-07-1999 13:48 SKEA P.01 T C3 AN Mav 7 , 7 99~ I 'T'O: Kevin Foley: Rob Ford. -mi k Jewett; alike Arnett; Sobal Davis and. Luaui )eurtz - FROM: Jocelyn M. Boyer via Fax: 474 2157 I I Ladies and gentlemen of the VI i1 council I am a long time resident ot,vlail (since 1977) anti an equally :long time property owner of lots :5 &ib on Potato Patch. I have watched our town grow through these v~ata somet).mes with pleasure and sometimes with anngtprnatinni. ' I First I wnulid like. to a.ddr.ess he roal estate transfer tax which was nut i r1 place to protect a . d provide open space in Vail for the pleasure antii benefit of al-1. iti.ztz C.. Tt wai.i1d be very wrong for the town counci 1 to enact a .y hi.ll whi.c..h would take these open spaces foi- emnl ovap or shnr$. t rm emnl oypP housing. Yes, we need ho»si.ng as v¢~u are putting in n1 Red Sardstone Road;. but not in the open space parKs and i and gnti ~'hgiiuht with Real Estate Transfer Tax Funds. To address ahother viestion,. I m verv distressed to hear that vai.1 are ronsi deriing tearing down h , buildings which you lease to ABc school and the Learning TrePi. i irn.dRrstand that you are not in the Nursery Schoiol btusi.npGS but , ` l.~ should he aware that ARC and the Learning Tree provide an excellent pre-schonl, experience for children of parents who hot'n; nt -k in Vail husi nesGPg and provide a tax base fat you. T cannot;~P le•.vP you would destroy buildings which our children need in ol; Oer to provide dormitory type housing for temporary or h month empl gees. Thousands of children in this valley have-started their ed,,c Lion at these nurturing learning care centers...f_a.r above the t ndardc of, most pre-schools. There are few ennugh qua) i.tv p.re-sc n 1. care centers in this valley. They play outside in a healthy mnun~.ain envirnnmpnt and ]earn about our Vail world t_o :tart tht-ir. Live. , in this valley. Their parents are more i.mno~- a t .o all of nos than the six month. emul oven; and. I. haves to qn=.es .?nn; as a ta,xpaver_ why we have to provide housing for a ti mnntb e nl oypP_ Tt seems th.a.t shoril.d be the r. esporrsi hi. 1 of the empl over} t.hp short term employee. when dial t.hP. Town nt; Vail get, into t P •husiness of providing housing for nther rnmuaril.AS short term Q nlo_Pps. Apparen}ly 'yov wish to move the. fire station also- Mav i a.k why? ,I MAY-07-1999 13:49 SKEA P.02 Please 1 eavP fhp ARC Schon, an I earning Tree. alone and amend their clarr. pTtt I. easp- for bui 1. di -nags a d, 1 and to a 1 nna-term 1. Gasp that wi.11. allow the little chil.dri-n b /ail to remain in a healthy safe pnvi rnnmant Thera is nn hP!t - i nvPstmenT than in the rare and tear-ping of nl i.ir small c^hildre - the. fiAiire c-i.ti.%ens of Vail. Their aarentS f p1"n:fpssi ona 1 S who wn K inn all bu-'i nesSps in Vail, deserve flip safe care these, sohcnols :prci idt.._ I I S Lxwere) V. l JACP..l M . RovF I f I :I ~ I I I `I I I TOTAL P.02 ~ X11 i, ~i?~, TOWN OF VAIL Wif •D INVAN Office of the Town Attorney 75 South Frontage Road Vail, Colorado 81657 970-479-2107/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: R. Thomas Moorhead DATE: May 7, 1999 RE: Town Attorney Schedule I will be in San Francisco at a conference May 16"' through May 20`". After that I will be on vacation and will return to the office on Monday, June I". Anne Wright will be able to reach me in an emergency. Thank you. RTM/aw C~~ RECYCLEDPAPER ~ ~Uu~ {'DS`c 5•~•4~i; SAIL • 9 • rdable' nousing is Af , resortmarea'oxymorOn....;,1:. r By Steve Lipsher housing 62 percent of its workers in Vail:' Denver Post Staff Writer The. gathering of planners, housing ail- The lack of affordable housing has ministrators and local officials focused The into a resort-area crisis, becoming on building public support for affordable- a "bottom line" issue for employers but housing projects and encouraging bus! continuing to generate not-in-my-back- nesses and communities to collaborate o yard sentiments from residents, officials building homes for workers. "We need to educate people about what said at a conference here Friday. l "We need f start addressing this now, the problem is and that we're not talking because the problem is not going to go about building employee ghettos," Ventu- away," said Linda Venturoni, coordinator roni said. "We're really talking about of the conference on workforce housing housing for the schoolteacher, the fire- sponsored by the Northwest Council of man, the person in the health clinic. Governments. "The gap is growing be- Those are the people you need to run the tween housing prices and what workers community." V can afford." But while communities support afford- -h t In the past six years, housing prices in able o f ergeebatt es henevetr tres he units i the mountains have jumped 34 percent, aput re sulated for their neighborhoods, out of compared with 13 percent nationally. A erroneous fears that property values will resort-area home in Colorado costs near- ly twice as much as the national average. drop, said Chris Cares, a housing consul, But with aging baby boomers reaching tant with RRC Associates of Boulder. . unprecedented prosperity, the trend of "We all know the kind of backlash owning second homes in resorts such as when you go into those neighborhoods, Vail and Winter Park is not likely to he said. "But affordable housing has be slow, spurring skyrocketing housing come a bottom-line issue for the ski Pte: prices and pushing low- to middle-income sorts" and other employers who can't re'- resort workers farther "down valley." cruit and retain workers. "Housing costs really do stand out in Acknowledging that issue, Jack Lewis," terms of a family being able to make a director of employee housing develop- living" in the resort communities, said ment for Vail Resorts, noted the ski gla t, Russell Forest, community development provides housing for about 2,500 of `its . director for the town of Vail, where 72 7,000 seasonal employees and is working. percent of the dwelling units are second on more in Avon and Breckenridge. , homes that are dark most of the year. "We have housing that goes all the way "There's been a lot of concern about the down to Edwards," he said. "Fifty per- loss of community. We're seeing more cent of our seasonal employees who com and more people moving down valley, to work at Vail Resorts come withoiut- and we're losing families." car.... For an employee who gets'on Ai . The town has initiated a controversial bus at Lake Creek (apartments) in Ed- plan to add to its own pool of deed-re- wards, that's two hours of his or At stricted housing but would need an over- workday. That's probably unacceptable whelming 1,600 units to reach its goal of for both the employee and the employer." MAY, 10. 1999 12:27PM N0, 6317 P. 1/1 4&,o VaiH. NE ws RELEASE FOR IMMEDIATE RELEASE Media Contacts: Kristin Yantis, (970) 845-5721, kristin@vailresorts.com Kelly Ladyga, (970) 845-5722, kladyga@vailresorts.,:om VAIL & BEAVER CREEK NAMED TOP SKI DESTINATIONS IN WORLD BY ROBB REPORT VA.IL, Colo. - May 10, 1999 - Vail was named the "9 )est skiing destination in the world," followed by Beaver Creek Resort as the third best ski resort, in the June 1999 11th Annual Best of the Best edition of the Robb Report. "Top rankings in this prestigious publication for Vail and Beaver Creek are a testament to the standards of excellence that we set for our resorts." said Chris Jarnot, director of marketing for Vail and Beaver Creek. "Vail offers gi.ests world-class terrain coupled with amenities designed to pamper: a ski school fluen t in 30 languages and 800 instructors strong, four-star dining and lodging, intern ational cultural events, and casual, elegant atmosphere." The Robb Report, a monthly magazine about luxury 1 festyles, reported, "Larger than life and full of itself, Vail deserves all the praise it receive s. Even regulars can always find new adventures at this ski area, which spans seven miles." Vail and Beaver Creek share some fine company in tt is special editions, including the best exotic car (Ferrari 456M GrT), the best luxury car (ME rcedes-Benz S-Class), the best wine (Chateau Margaux), the best cigar (Arturo Fuente Hei ningway), the best custom yacht (Feadship), the best spa (The Oriental Spa, Bangkok, rhailand.) and the best golf resort (Pinehurst Resort & Country Club, Pinehurst, N.C.). -30- Post Office Box 7 • Vail, Colorado 81658 • 137 Benchmark Road • Avon, Co 81620 VA IL RESORTS- u ~y TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY May 10, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Officer COMMUNITY MARKETING MEETING ILLUSTRATES COMPLEXITY OF POTENTIAL BALLOT ISSUE Although a straw poll of today's community marketing participants showed support for a ballot mechanism that would utilize state legislation to create a local marketing district for Vail via a lodging tax, those attending this morning's (5-10) meeting acknowledged the need for continued planning and discussion. Individual comments from the 15 attendees included the following: • a funding solution should strive to be as equitable as possible and should include contributions from all who benefit from a summer marketing program. Those possibilities include: continuing to add Vail's business license fee revenues to the marketing program--should a lodging tax pass; continued consideration of a combination lodging tax and sales tax increase election; consideration of a property tax increase election; consideration of an increase in the business license fee to help augment a voter-approved tax increase; and/or consideration of reallocating funds from the Real Estate Transfer Tax to offset other capital expenditures to free up current marketing, special events and information services support. • the tax should be dedicated to marketing; the more restrictive in its use, the better. In other words, the ballot measure should restrict a future Town Council from changing its use. • don't exceed the 9 or 10 percent mark in total taxes (Vail sales tax is 8.5%; there is no lodging tax in Vail). • voters need information on options to be brought up to speed; need a better understanding of what voters would support. • a plan needs to be developed to address what happens if a tax initiative fails. • the lodging community would be overburdened by a lodging tax alone. • consider a sunset provision within the ballot measure. • Vail Town Council should take an active role in supporting the ballot measure; it's important to Vail's economic future. Once a decision is made on the ballot issue framework, those attending today's meeting said a well-defined operational plan would be needed as well as a "plan C" scenario to address what would happen if the election fails. Town Manager Bob McLaurin has recommended a decision on the ballot issue framework be made by the Vail Town Council by June. Options previously discussed include the following: (more) RECYCLEDPAPER Add 1/Vail Marketing 1) Local Marketing District Election - Vail Only Uses current state legislation; Vail-only boundaries; allows other down-valley entities an opportunity to join, if and when in the future, they wish to do so. Legislation permits lodging tax as only funding vehicle. 2) Vail Only Lodging Tax Election - Home Rule Does not rely on regional marketing district enabling legislation. Could be used any way so stated in the ballot question. 3) Vail Only Sales Tax Election - Home Rule Does not rely on regional marketing district enabling legislation. Could be used any way so stated in the ballot question. 4) Vail Only Lodging Tax, Sales Tax Composite Election - Home Rule Does not rely on regional marketing district enabling legislation. Could be used any way so stated in the ballot question. 5) Continue Current Voluntary Contributions (if past partners wish to do so) TOV General Fund $183,000 TOV Business License Fee 318,000 Town of Avon 100,000 Beaver Creek Resort Co. 185,000 Vail Associates (at current level) 105,000 $891,500 6) No Marketing with Government Funding. Next steps include: • an update to the Town Council at its May 11 work session and a discussion on Council's preparedness to make an election vehicle decision • additional staff research on differences between state legislation approach and home rule approach • continued discussions at a community meeting from 8:30 to 9:30 a.m. in the Vail Town Council Chambers on Monday, May 17. The weekly Monday morning community meetings are scheduled to continue through May 24. XG ; ~~tuct,lr Classifieds Corner Roundup of April &l vu-, ~ 11~ FOR SALE: municipal 1981 Chevrolet Van, 206,187 miles,' 1 elections gross weight 26,500. The vehicle has." been modified for use as a mobile li- by Sa,n Mamet, CML Associate Director and eliminating sales tax vendor fees brary. For more information or.bid, t Ten cities had regularly sched- to help finance a downtown confer- forms, call Glenda Shanks, Mesa ' uled elections in April, ence center. County Public Library District BusinessI ' though two canceled theirs In Ridgway, the sales tax on food Manager, (970) 243-4783. Bids must';";; was reinstated to a for local ark be received in the office of MCPLD (Castle Rock and Delta). P Y P programs, and an excise tax on new Business Manager no later than 4 p:m, r? Elected officials development was also passed. Friday, May 21.. Mary Lou Makepeaee was re- In Fort Collins, a sales tax increase turned as Colorado Springs mayor in a for a transit system was turned down. three-way race. Former state legislator Voters in Grand Junction also ap- Advertising Information and RTD Board Member Casey proved a salary increase for coun- Member municipalities may 1 Hayes was elected to the post of Com- cilmembers. A growth cap in Com- place "for sale" and "wanted to merce City mayor. Janet Terry was merce City was defeated. buy" items free in CML returned as mayor in Grand Junction, An initiated zoning ordinance to Newsletter. For others, there is along with Reford Theobold to the authorize a shopping center in Fort a charge of $2 per line per in- city council there. Theobold is also a Collins also was approved. Fort sertion. To place an ad, call CML board member. Collins had a near 60 percent voter Janel Helt at the CML office, Retired Fort Collins police officer turnout based upon a mail ballot. (303) 831-6411. Ray Martinez was elected as mayor Upcoming May elections in a crowded field of five other candi- dates, including Will Smith, chair of Next month, voters in Aspen will the League's youth issues committee. be asked to review questions involy- membershinnr Smith now leaves the council. ing nearly $14 million in debt for League membership", parks and recreation facilities; extend- hits all-time highy 7 ' :'1 Ballot issues prevail in- a sales tax of nearly a half-cent for . As for ballot questions, fiscal issues affordable housing and child care; and There are 263 member municipali 1 g entering into a long-term lease with ties in the ColoradoMunieipal League; did generally well. an all-time high in the Leagues 76` P g $88 million the county housing authority. t In Colorado S rings an years of operation. League-member'::;. =1 capital improvements bond package Denver voters will review miscella- municipalities comprise more than 99 was approved. neous charter housekeeping measures. r11 A sales tax increase for general Finally, Gunnison voters will de- percent of the state's municipal.poptila- xt g ti0n. ° fund operations was passed in Craig. ride a near $5 million revenue bond " n Durango voters approved a sales proposal for a recreation and aquatic t 4 tax increase for a recreation center, center. - Grand Junction, Wellington in city competition CML Grand Junction and Wellington are the only two municipalities in Colorado } Fiz this year competing in the All-America City Award program administered by the National Civic League (NCL). Nationally, 93 communities have submitted Published biweekly by the Colorado Municipal League. applications for the prestigious designation. 1144 Sherman St.. Denver. Co 80303-2207, for col- The All-America City Award recognizes civic excellence, honoring commu- orado's municipal officials. (USPS 075-590). Periodical Posta,,e Paid at Denver. Colorado. nities of all cities in which citizens; governments, businesses and voluntary or- Communications and Research Coord.: Steve Luther ganizations work together to address critical local issues. NCL was expected to Research Associate: lanel Helt name 30 finalists this week after this issue went to press. POSTMASTER: Send address change form 3579 Colorado do Municipal League. 1114 Sherman S[., Denver. Only 10 will earn the All-America City status, which will be announced at Co 80'03-3207: (303) 831-6411. FAX (303) 860-3175. an awards ceremony in June in Philadelphia. Subscriptions to 01L Newsletter are offered as a portion In past years, Colorado Springs, Delta, Greeley, Lamar, Leadville and Wray of member dues. have won the award. Denver, Longmont and Montrose have been finalists. 2 CML Newsletter April 23, 1999