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HomeMy WebLinkAbout1999-11-02 Support Documentation Town Council Evening Session y VAIL TOWN COUNCIL EVENING MEETING TUESDAY, NOVEMBER 2, 1999 7:00 P.M. IN TOV COUNCIL CHAMBERS REVISED AGENDA NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • CITIZEN PARTICIPATION. (5 mins.) 2. CONSENT AGENDA: (5 mins.) A. Approve the Minutes from the meetings of October 5' and 191, 1999. B. Ordinance No. 32, Series of 1999, second reading of an Ordinance to Designate Five Properties in the Town of Vail as Open Space as per Section 13.11 of the Town of Vail Charter (see Exhibit A). C. Ordinance No. 30, Series of 1999, second reading of an Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Rockledge Road, More Fully Described as Follows: That portion of Lots 2, 3A and 3B (Resubdivision of Lot 3, Block 7), 4, 7, 8A, 9A, 10A and10B (Resubdivision of Lot 10, Block 7), and 13B (Resubdivision of Lot 13, Block 7), Block 7, Vail Village First Filing, lying South of the North Line of Lot 2 of the Raether Minor Subdivision (formerly Government Lot 3), and North of the North boundary of Rockledge Road and/or North of the North boundary of Tract A East of the East end of Rockledge Road, as described in the Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail), together with all interests of the Town of Vail in all easements and other appurtenances associated with said Purchased Property as shown on said Final Plat. In addition, pursuant the Agreement Creating Restrictive Covenants, attached as Exhibit B, the Town of Vail agrees to create restrictive covenants, which shall be covenants running with the land, for the benefit of the owners of Lots 2, 3A: 3B, 4, 7, 8A, 9A, 10A, 10B and 13B, which Restrictive Covenants shall be on the following described real estate in the Town of Vail, County of Eagle and State of Colorado, to wit: Tract A, Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson- Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail) (See attached Exhibit A - Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th e Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999.) .3. Ordinance No. 31, Series of 1999, second reading of an Tom Moorhead Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Ptarmigan Road and Vacating a Portion of Ptarmigan Road, More Fully Described as Follows: That portion of Lots 1-6, Block 5, Vail Village Seventh Filing, hereinafter referred to as the "Original Lots", lying South of the North line of Government Lot 3, and North of Ptarmigan Road, hereinafter referred to as the "Purchased Property", which Purchased Property is combined with Lots 1-6, Block 5, Vail Village Seventh Filing (according to the original plat), as Lots 1, 2, 3 and 4, Block 2, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson- Langford Corporation and dated September 1, 1999 (as that plat may be modified with the consent of the Town of Vail); and That portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4"), and lying East of the West line of Government Lot 3, West of the East line of Government Lot 4, and North of Corners 3 and 4 of Government Lot 3, containing 5,074.5 square feet more or less, which portion is hereinafter referred to as the "Purchased Property-1 which Original Lot 4 and Purchased Property-1 are combined as Lot 4, Block 1, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999, (as that plat may be modified with the consent of the Town of Vail). That portion of Ptarmigan Road, according to the plat of Vail Village Seventh Filing, situated in the NW % NW % of Section 9, Township 5 South Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at the point on the North line of Government Lot 3 of said Section 9, whence the B.L. M. Cadastral Survey brass cap for the South-North one-sixty fourth corner on the West line of said Section 9 bears North 89°23'29" West, a distance of 65.46 feet; Thence North 00°36'31" East, a distance of 24.97 feet to the Northerly right-of-way line of Ptarmigan Road, being on a 215.00 foot radius curve concave to the northeast; Thence along said right-of-way line, 58.53 feet southeasterly along the arc of said curve, through a central angle of 15°35'49", with a chord bearing South 64°02'57" East, a distance of 58.35 feet to the North line of said Government Lot 3; Thence North 89°23'29" West, a distance of 52.73 feet to the Point of Beginning. Containing 0.013 Acres, more or less. s In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a conservation easement, on the terms and conditions set forth in the Deed of Conservation Easement, attached as Exhibit B, which Conservation Easement shall be on the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range 80 West, 6th Principal Meridian, which contains 9,333 square feet; and (2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal Meridian which contains approximately 4.252 acres (See attached Exhibit A - Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999.) (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 31, Series of 1999, on second reading. BACKGROUND RATIONALE: In the early 1990s the Vail Town Council directed staff to begin working with the Forest Service to address private and public encroachments on Forest System lands and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the community completed the Vail Comprehensive Open Space Plan which identified properties that should be considered for land exchange. In June, 1995, the Town of Vail and the United States Forest Service signed and agreement to initiate a land exchange. The land exchange involved three parcels of Town of Vail land totaling 76 acres and 11 parcels of United States Forest Service land totaling 62.2 acres. This exchange essentially removed the Forest Service lands from within the Town of Vail by acquiring or de-annexing U.S. Forest lands. The transfer of the property from the Town of Vail to the Forest Service was approved in Ordinance No. 5, Series of 1997. The Town has been negotiating in good faith with the residents on Ptarmigan Road to convey land where residents now have encroachments and to create a buffer between Ptarmigan and the forest on what was United States Forest Service lands and now are Town of Vail owned lands. The value of this land has been calculated on a per square foot basis. The Town of Vail will realize $1.2 million for the sale of property on Ptarmigan Road. It is hoped that it will reduce the likelihood of private exchanges of Forest Service lands in and around the Town of Vail. The Town continues to maintain a strong posture in regard to opposing private land exchanges that could allow additional development around the Town of Vail. This ordinance has changed since first reading to include an additional 0.013 acres which is presently included within the Ptarmigan Road right- of-way. It will be conveyed to the Cannans in addition to other property from the LOAA and their participation in the Land to be preserved as open space. It provides a more standard shape to the lot. The conveyance will be for the same price per square foot as they are paying for the balance of Land being conveyed. STAFF RECOMMENDATION: Approve Ordinance No. 31, Series of 1999, on second reading. e 4. Resolution No. 15, Series of 1999, a Resolution Approving the Tom Moorhead Town of Vail/Eagle County Intergovernmental Agreement to Develop a Sixteen Acre Affordable Housing Project Located on the Berry Creek 5th property. (10 mins.) ACTION REQUESTED OF COUNCIL:, Approve or deny Resolution No. 15, Series of 1999. BACKGROUND RATIONALE: A contract for Eagle County to purchase the Berry Creek 5u' property from the Eagle County Recreation Authority is contingent upon entering into an Intergovemmental Agreement for the development of the affordable housing component. The Intergovernmental Agreement, which is subject to formal approval by passage of this resolution, provides that the County and the Town will be 50/50 partners. The Town of Vail will be obliged to pay 50% of-the development costs and in return will be an equal partner that is entitled to designate the rules for the sale or rental of 50% of the units. The County Commissioners have approved this Intergovernmental Agreement. Russell Forrest, Nina Timm, and Tom Moorhead, on behalf of the Town, met with Jack Ingstad, David Carter, and Jim Fritze, on behalf of Eagle County, and have taken the initial steps to move forward with this project. STAFF RECOMMENDATION: Adopt Resolution No. 15, Series of 1999. 4• Town Manager's Report. (5 mins.) 5. Adjournment - 7:40 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, 1119/99, BEGINNING AT 2:00 P.M IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 11/16/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 11116/99, 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. C:%AGENDATC PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 10/28/99) NOVEMBER, 1999 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: EVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:00 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on every Tuesday afternoon. THE NOVEMBER 1999, VAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesday, November 2 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday, November 9 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesday, November 16, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday, November 23, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesday, November 30 1999 Work session............ NO MEETING DUE TO 5THTUESDAY TOWN OF VAIL ' Pamela A. Brandmeyer Assistant.Town Manager Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. COUNCIL FOLLOW-UP \ TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1999 9/21/99 TCI FRANCHISE FEE TOM: In a request before the Council at the 9/21/99 work Kevin Foley session re: funding equipment/programming for Channel 5, the question was asked as to whether the TOV could raise the franchise fee. 10/19/99 REGRADE BIKE/PED BATH BOB/GREG: Provide temporary solution to the uneven and Completed as temporary, will still try to pave, weather permitting. BETWEEN VMS AND THE BUS dangerous conditions currently existing. STOP IN EAST VAIL Sybill Navas 10/19/99 $5 EVENT PARKING SIGNS GREG/LARRY P.: The signs are still prevalent and They have been removed. Ludwig Kurz noticeable from our summer special events. Put them in storage. 10/19/99 LIGHTS IN LIONSHEAD MALL GREG/LARRY P.: Several lights are out in the LionsHead All done. Kevin Foley Arcade, by Montauk, and Bart and Yeti's. t October 28, 1999, Page 1 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: November 2, 1999 SUBJECT: An appeal of the Planning and Environmental Commission's October 11th denial of a request for a variance from Section 12-6C-9, Town of Vail Code, to allow for two-family primary/secondary residential site coverage in excess of 20% of lot area, located at 1007 Eagle's Nest Circle / Lot 1, Block 6, Vail Village Filing 7. Appellant: Kathleen Ferry, represented by Eric Johnson, Architect Planner: Brent Wilson 1. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant, Kathleen Ferry, is requesting a variance to allow for a residential addition with site coverage in excess (415 square feet) of what is allowed under the Town's Two-Family Primary/Secondary Residential zoning regulations. The zoning for the above-referenced property allows a site coverage of 20% of total site area (3,188 square feet). The applicant is proposing a site coverage of 22.6% of total site area (3,603 square feet). Site coverage requirements for lots in the Primary/Secondary Residential Zone District are described in Section 12-6D-9, Town of Vail Code. The applicant's representative has expressed the reasoning for the variance request under Exhibit A.(attached). The applicant is proposing a partial demolition/rebuild of the existing residence and the addition of a two-car garage. The applicant's unit (constructed in the late 1960's) currently has no formally designated off-street parking. On June 24th of'this year, staff granted the applicant an approval for a temporary unpaved off-street parking area. Ms. Ferry's unit is currently required to provide three on-site parking spaces but there is no requirement that any of these spaces be enclosed. 213 square feet of site coverage is currently available on site (enough for one 11' x 19' garage space) and the applicant is proposing to construct a 576 square foot two-car garage and additional cantilevered building projections (totaling 628 square feet). Available site coverage under code provisions = 213 square feet Minimum one-car garage size (9'x 18') = 162 square feet Site coverage proposed for addition and two-car garage = 628 square feet 1 TOWNO*YML On October 11, 1999, the PEC voted unanimously (Doug Cahill absent, Galen Aasland abstaining) to deny this request based on the following findings: 1. That the granting of the site coverage variance would constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Primary/Secondary Residential Zone District. 2. There are no exceptions or extraordinary circumstances or conditions applicable to this site that do not apply generally to other properties in the Primary/Secondary Residential Zone District. 3. That the strict interpretation or enforcement of the specified regulation does not deprive the applicant of privileges enjoyed by the owners of other properties in the Primary/Secondary Residential Zone District. II. STAFF RECOMMENDATION The Community Development Department staff recommends that the Town Council uphold the PEC's denial of the applicant's site coverage variance request subject to the following findings: 1. That the granting of the site coverage variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Primary/Secondary Residential Zone District. 2. There are no exceptions or extraordinary -circumstances or conditions applicable to this site that do not apply generally to other properties in the Primary/Secondary Residential Zone District. 3. That the strict interpretation or enforcement of the specified regulation does not deprive the applicant of privileges enjoyed by the owners of other properties in the Primary/Secondary Residential Zone District. III. ZONING AND SITE STATISTICS Zoning District: Primary/Secondary Residential District Lot Size: 15,942 square feet (.366 acres) Minimum Required Lot Size: 15,000 square feet Standard Allowed/Required Proposed GRFA: 4,944sq. ft.* 4,943 sq. ft.* Site Coverage 3,188 sq. ft. (20%) 3,603 sq. ft. (22.6%) Setbacks Front (Ferry) 20 ft. 20 ft. (per ILC) Side 15 ft. - 15 ft. (per ILC) / 26 ft. Front (Repetti) 20 ft. no change Parking (Ferry) 3 spaces 3 spaces * Includes a credit of 250 square feet for the Ferry Residence. 2 IV. CRITERIA AND FINDINGS-SITE COVERAGE VARIANCE A. Consideration of Factors Regarding the Site Coverage Variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff believes the proposed two-car garage is excessively large and deviates from the zone district regulations more than is necessary to achieve stated goals. There is no requirement for enclosed parking o.n this site - it is simply an amenity requested by the applicant. With the major structural changes proposed in conjunction with this project, the applicant has a "clean slate" to work with. Staff believes any hardship created with this proposal is self-imposed. A large two-car garage could be constructed on-site within applicable site coverage allowances if the applicant were willing to reduce the amount of gross residential floor area (GRFA) proposed for the addition. The proposed residential addition impacts a number of mature trees on the property which serve as a buffer to adjacent properties. At their July 21, 1999 meeting, the Town's Design Review Board gave the applicant direction to preserve the mature trees and to pursue parking options on other portions of the site. Staff believes this request for additional site coverage further expands impacts on existing vegetation. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes that an approval of the requested site coverage variance would result in a grant of special privilege. Variance requests for garage additions on adjacent properties have been denied in the past. Staff believes there are no unique circumstances, nor any extraordinary conditions (such as wetlands/water features, excessive slopes, etc.) which impact the applicant's lot. The maximum site coverage allowed on the applicant's lot is 20%. All required off-street parking could be provided on the site without a variance. Since this neighborhood was subdivided in the 1960's under Eagle County jurisdiction, 68% of all lots in this area are non-conforming with regard to lot size. However, all structures built in this neighborhood (since the adoption of zoning regulations) are in compliance with site coverage provisions. The two exceptions (Lots 1 & 3, Vail Village Filing 8) were constructed prior to the adoption of zoning regulations on non- conforming lots (lots less than 15,000 sf). The applicant's lot is conforming (with a lot size of 15,942 sf). 3 A site coverage variance request for Lot 3 (the.applicant's neighbor) was denied on 9/22/97. In their denial of this request, the PEC stated "the granting of a site coverage variance at this location would constitute a grant of special privilege." The following table summarizes site coverage allocations for the applicant's lot and 24 other properties within the adjacent subdivisions. Table 4.1- Site Coverage Allocations for adjacent properties Lot Block Subdivision Site Coverage Site Coverage Variances / Lot Size 1 6 Vail Village Filing 7 22.6%* current Ferry variance request / conforming lot (15,942 sf) Tract C Vail Village Filing 7 17.80% none /conforming lot (19,602 sf) 2 6 Vail Village Filing 7 19.20% none /conforming lot (19,480 sf) 3 6 Vail Village Filing 7 data not available none / non-conforming lot (14,087 sf) 4 6 Vail Village Filing 7 19.90% none / non-conforming lot (11,717 sf) 5 6 Vail Village Filing 7 12.60% none / non-conforming lot (11,986 sf) 6 6 Vail Village Filing 7 data not available none / conforming lot (17,425 sf) 7 6 Vail Village Filing 7 19.60%, none / non-conforming lot (11,962 sf) 8 6 Vail Village Filing 7 19.60% none / non-conforming lot (11,962 sf) 9 6 Vail Village Filing 7 data not available none / non-conforming lot (13,622 sf) 10 6 Vail Village Filing 7 data not available none / non-conforming lot (13,530 sf) 11 6 Vail Village Filing 7 data not available none /conforming lot (22,259 sf) 12 6 Vail Village Filing 7 15.90% none /conforming lot (16,045 sf) 13 6 Vail Village Filing 7 13.10% none / non-conforming lot (12,824 sf) 14 6 Vail Village Filing 7 19.90% none / conforming lot (23,479 sf) 1 1 Vail Village Filing 8 23.70% *yes, pre-existing / non-conforming lot (9,322 sf) 2 1 Vail Village Filing 8 17% none / non-conforming lot (9,808 sf) 3 1 Vail Village Filing 8 21% *pre-existing; add'l site coverage variance denied (9/22/97) / non-conforming lot (11,535 sf) 4 1 Vail Village Filing 8 19.30% none / non-conforming lot (11,494 sf) 5 1 Vail Village Filing 8 18.80% none / non-conforming lot (7,880 sf) 6 1 Vail Village Filing 8 data not available none / non-conforming lot (13,147 sf) 7 1 Vail Village Filing 8 20% none / non-conforming lot (8,969 sf) 8 1 Vail Village Filing 8 19.60% none / non-conforming lot (8,934 sf) 9 1 Vail Village Filing 8 data not available none / non-conforming lot (10,637 sf) 10 1 Vail Village Filing 8 19.50% none /conforming lot (18,097 sf) Lots listed in bold type indicate deviations from site coverage regulations. "data not available" indicates structures built prior to planning/zoning regulation. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe there would be any negative impacts associated with this proposal, if constructed, on the above-referenced criteria. 4 B. The Planning and Environmental Commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. C. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 5 Ferry Site- Cove- rage Vari'ance Request Subject Property i - - ' 6 1163 / 4 1054 8 - 1055 9 10 1 2 1115 967 1031 1042 3 5 7 1125 1153 TRACT C L 1045 1050 1100 ~ f U W 4 9 HORN t0g1 3 (j 1106 10 1022 U 1044 1136 Gbh' 5 7 8 19 12 1107 11 1157 1034 1081 1027 1127 1012 6 1014 v P~LEY i 4 P\\. 992 3 TRACT 0 994 2 / 996 ~ 1 ` ~ \ M1 / 2 2 1 3 ~ 4 S 0 6 1001 Eagle's Nest Circle N eric Johnson architect, P.C. October 1, 1999 Town of Vail / Planning and Environmental Commission Department of Community Development 111 S, Frontage Road Vail, CO 81657 RE: K. FERRY RESIDENCE LOT 1, PARCEL B, BLOCK 6, VAIL VILLAGE FILING 7 1007 EAGLES NEST CIRCLE VAIL, CO. 81657 REQUEST FOR SITE COVERAGE VARIENCE AND ADDITIONAL 250 GRFA Dear Sirs- The following is a written statement outlining the nature of the variance request to the address above and in specifically the Town of Vail Ordinances 12-6C-9 (site coverage) and 12-15-5 (additional GRFA) Because all of the above items are inter-related and combined in the same request and application, further described in drawings dated 10 / 1 / 99, the items listed below are all inclusive. The current site coverage is at 18.8 % and the proposed site coverage would be 22.5 The site coverage variance request is for the addition of 2 (two) enclosed parking spaces to the existing unit which currently has none. Both spaces are for the Primary Residential Owner. The current Secondary Owner has already obtained (without written permission from the Primary Owner) an enclosed parking garage and has maximized their 10% of the allowed site coverage. In fact, the remaining allowable site coverage (103 SF) would only accommodate a single 9 x 12 parking space. We feel this request use is for the mutual benefit of the property owners, accommodates a need for off-street parking (of which there is currently none) and fits into the general bulk and mass of the proposed additions. We feel the hardship that makes this request necessary lies in the existing duplex construction. Due to the nature of the existing structure and a desire to maintain the foundation, enhance the party wall (make it double fire wall) and minimize streetfront impact we fully intend to preserve much of the existing floor and foundation structure and make all additions of the garage outside the footprint. We have reduced the size of the garage from the previous application and the variance is solely for the use of the garage. We feel this a minor request from the strict and literal interpretation as the benefits are to the fair and practical use of both Owners. Due to past platting of the property lines and the close proximity of roadways the on-going non-conforming conditions need some relief from close scrutiny. Similar variances have been granted for garages in this area and should serve as a president. PO BOX 2088 VAIL CO 81658 970.926.5292 FAX 926.5293 eric o nson a r 'c h i t e c t p. c. The effect of the variance on light, air, traffic and safety are minimal as the addition is on the back side of the lot and current residence toward the only available open space remaining on the lot. The Additional 250 GRFA is requested from the fact the structure is over 5 years old with no improvements or additions have been applied for. Herein lies our request for additional 250 GRFA and the inclusion of the site coverage variance used solely for the 2 car garage. Should you have questions, need further clarification or see the process differently please write or call me or Kaye Ferry at 476-1824. Thankyou for your consideration in this matter. Respectfully Submitted, Eric Johnson Ar tect, P. . PO BOX 2088 VAIL CO 81658 970.926.5292 FAX 926.5293 erfc mrnsrr L a' 1 7~ 0 1• ~ W I 't 1. 9~ . ~ Ion uTIL iTT B?-ni .+[NT ~•s,b \N 4A r d /°JV `6 ,1 U 1 71 J oa Q• 7y y ~~SA l` ~ V \ pP ~ e v' "9~d 0 s N~ I',,11 v J/ ~ ss~; Nay `h7 ~ U ~ oi7•• I 7 ~ b~ Lo't H128 ~>944 /G C•s) 19 941 ~Q ~ AJf~ d* P.•D.«L alz[ lea ~ •'19•ib )i v9V el~, Ze \ alTe cw[asu6 Is~a a i:i3 !•+~-rt1 ~ 995 , ° J v~T.. { A X41 S1 E Lo~/6 R/•~E (P LLO WG p-'bo96 ~.ay) (!7.{/.)) 4e1• V - d~ytl ~ .4V~C p p / mid ~ d• ' ~ iLOOR i•[•~ lvRri• ~,.I.oNevl h e+4. eo..a,o)a 9tiF ~ Q ° / . ~d pLaoR f+[e,. 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I e- ouQ-t-t,~*tzn - hBGO4-1bA u I J' I4 . !D C61 y 1 UN I-r• f'P,'RGEL 2.(E IZ. o.G' ~'sl IZ. Ps (F-) MA+otBiZ _0,at7.:: v l uto I i it - ISE2J 2 ~IHdR & si to R t4A I , D d -Irv ~~;'io, I I i r r i n•,. 'Tn7x-V .reP~ 266n _G.I16~~a 'I / le /9q I ~.'Y4 _to/ 1 /q1 " 1 6,t+e Ft 9;& ' r I - - 10/27/1999 12:39 7138771759 S RUTHERFORD PAGE 01 Suean Repute Rutherford 3466 Ella Lee Lane HOubton, Tez= 7702,7 cer ed mail, return receipt requested Vai Town Council October 27, 1999 To of Vail Community Development 75 Frontage Rd. Vai . Colorado 81657 Re: ppeal of PEC denial - November 2, 1999 hearing Des i Council Members, I the owner of the property known as 1001 Vail Valley Drive (Parcel A), the other half cif t duplex owned by Kay Ferry (Parcel B). My family has owned the house for nearly 13 yeas and my mother, Ann Repetti has lived in that house for the entire period. This letter will sen lic express my objections to Ms. Ferry's appeal. Si obtaining clear title to this property, Ms. Ferry has-ignored my letters and has refused to t, much less meet with me. my mother discussed and obtained app) al from Parcel B's previous owners and her neighbors before she successfully applied to the ' n Vail for a building permit. Ms Ferry chooses to ignore my requests for nest tion. Ms. Ferry chooses to ignore the written objections of her three immediate neig rs. Now, Ms. Ferry chooses to ignore the most recent denial of the Town of Vail's Plan 11 g and Environmental Commission. M: Ferry bought the duplex property fully aware that the entire lot had very little site cov age left and that her "Parcel B" was not designated "Primary". With these latest plans, she q~omrnandeers 100% of the entire lot's available site coverage and 75% of the lot's avail L'el, GA. Site has also decided to ignore the existing Party Wall Agreement that has govt the property for 32 years. By overturning the PEC's denial, the Council would in effe condoning these unfair actions of Ms. Ferry. Ms. Ferry was fullyinfolmaLQf the on this lpr= T but now states that she has a "hardship" and demands fr om the Town a i em var, ce for a 576sq. ft. "one car garage". Any "hardship" Ms. Ferry feels is truly self impc ed. I question why Ms. Ferry bought this property given it's limitations. Art keet Eric Johnson states in his Oct. 1, 1999 application cover letter to the PEC that the l Vari a request "is used solely for the 2 car garage". This is not correct. These plans also inclu approximately 130 sq_ lt. of new ,rite coverage for an expanded master suite. Ms. F would not need such a large variance if she weren't using up site coverage on this bedr, m expansion. Ms . can ace fo t1ifint of The PEC has repeatedly pointed this out to her architect. 10/27/1999 12:39 7138771759 S RUTHERFORD PAGE 02 1 I 1 these repeated attempts for a variance an abuse of the Town of Vail's time and money. ivilage Kay Ferry assumes there are two sets of rules, one for her d one for her neighbors. Overturning the PEC's unanimous-ruling would be instigating the eakdown of the Town of Vail's zoning regulations and would be setting a serious pr ent for future demands of property owners. I the Council Members to honor the Town's zoning regulations that my mother assumed 1701 be upheld when she purchased her home. It is inappropriate for the Town Council to r ve a variance for Ms. Ferry to overbuild on a lot when the other co-owner of the lot is in tipp lion- I respectfully ask the Council Members not to condone actions that have been so disr Live to my mother and the neighborhood. Please uphold the PEC's unanimous denial of the 'ance. w Ve truly iyoum GC Susi Vietti R rd j cc: Ann Repetti . Kay Ferry I ` I I 1 l Date eceiv OCT 2 2 1999 SUSAN R. RUTHERFORD 3466 Ella Lee Lane Houston, Texas 77027 certified mail, return receipt requested Oct. 7, 1999 Town Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Application of Kay Ferry - October 11, 1999 hearing Dear Commissioners: As you are aware from my earlier correspondence to you dated July 21, 1999, I am the owner of the property known as 1001 Vail Valley Drive, the other half of the duplex owned by Kay Ferry. This letter will serve to express my continued objections to Ms. Ferry's amended plans. In an attempt to resolve our concerns with Ms. Ferry's earlier plans, I sent correspondence to Ms. Ferry by certified mail, copies of which have been sent to the town. Despite confirmation that she has received my letters, Ms. Ferry has refused to contact me or attempt in any way to work with me as her neighbor. In the face of Ms. Ferry's distinct lack of cooperation, I find it astonishing that her architect's letter to you dated Oct. 1, 1999, now declares Ms. Ferry's proposed plans to be in the "mutual benefit of the property owners". In fact, Ms. Ferry has chosen to ignore the needs and concerns of her neighbors. Ms. Ferry bought this property fully aware that the entire lot had only 213 square feet of available site coverage and that her side "Parcel B" was not designated "Primary". If Ms. Ferry now desires such a large GRFA addition with a 2 car garage she should.not have bought this property in the first place. Any "hardship" she now claims is certainly self imposed. As you are aware from my earlier correspondence to the Committee, my mother has been patiently waiting for years to have Parcel B's ownership determined so that she could remodel her home. Over the years my mother and I have discussed numerous minor variance requests with the PEC employees. We have consistently been told that the Town of Vail's building codes were strictly upheld and that variances would not be given. We respect and accept that. I am aware of mother's golf course neighbor's who have made formal variance requests and all have been turned down. To allow this variance would be a grant of special privilege to Ms. Ferry. The rules for my mother and her neighbors should be the same rules for Kay Ferry. Although Ms. Ferry has changed her plans - due to this Committee's verbal rejection and tabling at the earlier hearing on July 26, 1999 -I continue to be opposed to the modified plans for many of the same reasons I objected to her earlier plans. Primary /Secondary status is undetermined. My mother considers her Parcel A as the "Primary" side. My mother has plans for remodeling which include additional GRFA and site coverage. Ms. Ferry's plans proclaim herself "Primary" and commandeer the extra 500' of GRFA and all of the lot's available site coverage. I do not understand where Ms. Ferry assumes she is entitled to all of the lot's available site coverage. These issues were clear to Ms. Ferry long before she received title to Parcel B. Ms. Ferry's proposed plans show two second floor cantilevered projections that use additional site coverage (each approximately 60sq.ft., total 120sq.ft.of new site coverage). The plans do not show all of the elevations of these specific areas. Ms. Ferry uses some of the limited site coverage to make these master suite projections and then professes a hardship in needing extra site coverage for a 576' garage. I question why the architect's Oct. 1, 1999 letter to you states that the "variance (is) used solely for the 2 car garage." In fact, Ms. Ferry would not need such a large site coverage variance for her garage if she were not using some of the site coverage up on her master suite addition. Ms. Ferry's second floor additions would be on part of my mother's deck that has been in place since the building was constructed. Does Ms. Ferry assume that she is not only entitled to the 500' of Primary GRFA and all the site coverage but also entitled to demand part of my mother's deck for her new master suite? Ms. Ferry's proposed plans do away with the joint staircase that has been in place 32 years and has served as the only exterior access to the second floor. The proposed plans have windows and doors in the party wall that would infringe on my mother's privacy. The plans omit the west elevation which would show the impact on my mother's home. Finally, I would like to point out that Ms. Ferry is choosing to ignore the Party Wall Agreement that governs the use of the house. She has refused my repeated attempts to honor this agreement and work out a resolution. Unlike Ms Ferry, my mother discussed and obtained approval from Parcel B's previous owners and her neighbors before she successfully applied to the Town for a building permit. I ask the committee to respect the Town's building codes that my mother assumed would be upheld when she purchased her home. This Committee would be instigating the breakdown of our neighborhood standards if they set a precedent with this variance request. Very truly yours /f Susan l~ti ed P cc: Mrs. Ann Repetti Ms. Kay Ferry OCT. -05'.99(TUE) 10:41 WALDEN UNIVERSITY P.002 Chandelle Ventures Inc. October 05, 1999 Mr. Brent Wilson Town of Vail, Colorado Department of Community Development 75 South Frontage Road Vail, CO 81657 Dear Mr. Wilson; I am writing to object to the variance request dated October 1, 1999 regarding the following: KAY FERRY RESIDENCE, LOT 11 PARCEL B, BUILDING 6, VAIL VILLAGE FILING 7,1007 EAGLES NEST CIRCLE, VAIL, COLORADO, 81657 1 am the Qqwner of an adjacent lot to the west of the subject property. Before T constructed my home at 9P7 Vail Valley Drive I requested a 'set back variance to provide more separation for my house froM the cart path and the subject two party building. In spite of my neighbors support of this request and no adverse affect on any party I was denied a variance on the basis that this would be "special privilege." The presInt variance -request increases the coverage beyond that allowable and increases the GRFA by 250 square feet, variances far more significant than my simple request for set back relief. 1 object to this special privilege request for additional building on the subject lot which 1 believe will detract from my views and the value of my home. Sincerely, lf~- Y Don E. Ackerman President DEA/an 24311 Walden Center Drive -Bonita Springs, FL 34134 (941) 948-1010•Faz: (941) 948-1012*e-mail: dea@waldeuu.edn UG'f. HH lz:IU m NU. Jyb4 Y, l October 7, 1999 Planning and Environment Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Request for Variance at 1007 Eagles Nest Circle Dear Commissioners: I am the owner of 1031 Eagles Nest Circle, the property adjacent to 1007 Eagles Nest Circle. I am opposed to the variance requested by the applicant, Kathleen Ferry. I feel that the proposed renovation and addition of a garage should be completed without cutting down the mature trees on the property adjacent to my property and without granting site coverage variances. Considerations related to my concerns are highlighted below. • The proposed variance would have a significant negative impact on the Eagles Nest Circle community. The proposal eliminates essentially all of the mature trees buffering my property, the 1007 Eagles Nest Circle structure, and the other homes on Eagles Nest Circle. The proposal would create a large parking lot in what is currently a green-space and tree buffer between my home and the Ferry residence. • The proposed two-car garage is excessive. I would support Ms. Ferry building a one-car garage, if it were completed within the footprint of the existing structure, with preservation of the existing trees and without impacting the character of the open green space on the lot. • When Ms. Ferry recently acquired the 1007 Eagles Nest Circle property, she would have been advised of the constraints of building on Eagles Nest Circle. The rights of the property owners on Eagles Nest Circle should not be compromised to allow variances that would convey privileges to Ms. Ferry which are not available to other homeowners on Eagles Nest Circle and which would negatively affect them. , • My property has already been impacted by increasing density around Eagles Nest Circle- When I acquired my property in 1993, the tract adjacent to 1007 was owned by the Water Company and used for a water pumping station which had a minimal impact on the area: I assumed that this property would be maintained for its current use, or converted by the town to additional green space adjacent to the Ford Park. The town subsequently sold this property, and now there is a very large home directly in my view corrider. It is my understanding that there is a party wall agreement which gives each owner the right to approve any changes in the other owners half of the Ferry duplex and that the proposed renovation has not been so approved. Should the town permit the requested renovation a lawsuit may very likely be brought by the owner of the adjacent duplex, however, prior to a resolution of the lawsuit serious damage to the property may be done. I hope that for the reasons stated above, and for the reasons stated by the other homeowners on or near Eagles est Circle, that you will reject this application. ly yours, ones ontact information: Even Jones Tel, (301) 299-9092 11013 Cripplegate Road Fax (301) 299-0260 Potomac, MD 20854 PATRI NA c o r p o r a t i o n October 7, 1999 Yy, _ Mr. Brent Wilson Town Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, CO. 81657 Dear Mr. Wilson: In reference to an application for a variance by Ms. Kay Ferry, 1007 Eagles Nest Circle, I stand opposed and would like to go on record as such. My principal concern.is that the request to exceed the site coverage typically permitted by the Town Ordinance to build a 20 foot high, two car garage is absolutely inappropriate. I would ask the Commission to consider the applicant's claim of hardship results from a desire to simply maintain the foundation; it will be the neighbors who will suffer hardship if such a large structure is built. I respectfully suggest that the applicant and her architect find a way to build a garage within the existing footprint. I have another concern that may or may not be appropriate for the Commission but is worthy of some consideration. If one "side" of a duplex requests and is granted variances, what is the chance that the Town will successfully deny a similar request from the other "side"? Is it possible that this structure will ultimately grow to a very disproportionate size? Eagles Nest Circle is a simple cul de sac, ringed with modest homes. Please protect the character of our little neighborhood and deny the application as submitted. Thank you for your consideration. Cordially, Daniel de Roulet 1042 Eagles Nest Circle Vail, CO 81657 T R H E Ai PJ , v_ "A T 0 _ U 7 1 0 ra c ~nn 1~. ~e~EEC 1001 ~,Va.d W.My !6%1. `V.I , eof'oza.do 81657 July 26, 1999 Town Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Commissioners: My name is Ann Repetti and I have lived for the past 12 years at 1001 Vail Valley Drive. My house is Parcel A of the duplex at issue and Ms. Ferry's unit is on Parcel B. I have read the Memorandum from the Community Development Department to this Commission and I agree wholeheartedly with their recommendation for denial of both the Site Coverage Variance and the Employee Housing Unit conditional use permit. Our main concern over Ms. Ferry's request for a site coverage variance is based on her use of all the available expansion possibility for both units on the lot. Note that in Ms. Ferry's building plans, she has unilaterally designated her side the Primary Unit on the lot. Ever since the house was rezoned primary/secondary, there has been no agreement between the two owners as to which is primary and .which is secondary. The CDD points out that this is a private issue. Please know that this issue is one that the two owners have yet to discuss. However, if this commission approves Ms. Ferry's plans, it will appear that the issue has been resolved by virtue of the Commission's approval of her plans. I repeat, this issue is not resolved. Even if the two sides eventually agree that Ms. Ferry can take the primary designation, the current set of plans also eats up the 250 bonus credit s we now have. The Commission should not grant the variance if it will have a significant, detrimental impact on houses in the vicinity. As the owner of the closest house in the vicinity - the house that shares a party wall and the lot - I can say that I will be adversely impacted by the variance. We also object to the conditional use permit for the EHU. Ms. Ferry is claiming that her proposed remodeling falls with in the demolition/rebuild criteria of the EHU regulations. The house now has a party wall running the full length of the house - approximately 65 feet - and we share the main portion of the roof of the house. Given the way the house is built, demolishing the B side will significantly impact the structural integrity of my home. I can not imagine anything more detrimental to safety and welfare or more injurious to the adjoining property. As the CDD memo aptly phrased it, Ms. Ferry's need for the variance and the conditional use permit is a self- imposed hardship. I request that her application be denied. Thank you for your time and attention. Respectfully, Ann Repetti I1T ?5i'1999 17. 2 71 = 1,59 = RLITHERFORD F'AOE t4 Susan Repetti Rutherford 3466 Ella Lee Lane Houston, Texas 77027 July 25, 1999 Town Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re, Application of Kay Ferry - July 26, 1999 hearing Dear Commissioners: I would like to clarify a point. In my certified letter to Ms. Ferry dated July 15, 1999; I wrote I would request you send a copy of the new plans to me prior to submitting them to the town". Please review the attached copy of my letter- In my letter to the Planning and Environmental Commission dated July 17, 1999, I stated ".A have not seen a copy of Ms. Ferry's application? I have asked Ms. Ferry for a copy and I expect to receive it shortly." In response to Ms. Ferry's letter to you dated July 20, 1999, I am not trying to mislead anyone. I should have clarified in my letter to the Town that t had requested from Ms. Ferry a copy of the new plants. Nonetheless, I have yet to receive ate information whatsoever from Ms. Ferry. On July 20, 1999, my mother was given a set of the Parcel B plans by the architect. My mother ' sent these plans to me. Unfortunately these plans omit the West elevation of the side E proposal. This missing elevation would help elai* the impact on my mother's home. I would like to work out a mutual agreement with Ms. Ferry, but it appears as if she chooses to build this project without any consideration of the other side of this duplex. I am concerned that the Commission's approval of these variances would place an undue hardship on me in any fixture negotiations with Ms. Ferry. I hope you will take this into account and vote to deny this application. Very truly your , Susan etti Rutherf rd cc- Mrs. Ann Repetti Ms. Kay Ferry ,C I Susan Repetti Rutherford 3466 Ella Lee Lane Houston, Texas 77027 phone 713-877-1643 July 17,1999 Town Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Application of Kay Ferry Dear Town Planning and Environmental Commission: I am the owner of the property known as 1001 Vail Valley Drive, Parcel A, Lot 1, Block 6, Vail Village Seventh Filing. I understand that Ms. Kay Ferry, the owner of Parcel B, has submitted a request for a variance and for an Employee Housing Unit ("EHU"). Please let this letter serve as notice of my opposition to both aspects of Ms. Ferry's request. Please be aware that I have not seen a copy of Ms. Ferry's application. I have asked Ms. Ferry for a copy and I expect to receive it shortly. However, I understand that a hearing is possibly scheduled for July 26, 1999. In the interest of letting the board know of my position as soon as possible, I am giving notice of my objection prior to seeing the actual plans. Regarding the variance request for a two car garage, my objection is to a two car garage. My unit Parcel A, has a 280 square foot one car garage and I would not object to Unit B also having a 280 square foot one car garage, Regarding the Type H EHU, Ms. Ferry's application, if granted, would usurp my developmental potential for utilizing the 250 bonus credit currently available. Thank you so very much for your consideration in this objection. I hope to be able to resolve these issues with Ms_ Ferry when I am in Vail in early August. Should you have any questions please feel free to call me. Very truly yo rs, err ~.~/f / ? ' Susan RepetIlierford cc: Mrs. Ann Repetti Ms. Kay Ferry mt Receives JUL 2 0 1999 10/06/1999 15:11 7138771759 S RUTHERFORD PAGE 01 I SUSAN R. RUTHERFORD 3166 Ella Lee base Houston, Te:as 77027 phone 713477-1613 f" 713-x77-1759 ' cmrtifiod mail, return receipt requested Miss Kay Ferry August 13,1999 ~ I i 2393 Bald Mountain Vail Colorado 81657 Dear Kay, I was disappointed you did not respond to my offer to meet in Vail during my recent visit. I understand that you are revising and resubmitting plans for the duplex and that a Sept. 27, 1999 hearing is scheduled. I~ Kay,1 remind you that the party wall agreement calls for prior approval of exterior changes. We will have to work together if any progress is to occur. As you and the DRB know very well, my Mother and I have been patiently waiting during tht past five years for the ownership of side B to be decided. Now that you have received title please contact me immediately so that we may resolve the site coverage and primary/secondary issues. I am unable to determine the size of my future additions without these issues being t'esohrod. Obviousl.1 expect to receive copies of any future applications and plans prior to your y submitting them to the town. Please send them to my address shown above. Sincerely, 1 t1uu~ t atelw 2 for di OMM wtAeotr. I aleo w(edr to rrcdv the . • ComoNt• Item s, and w A D. following oendan -(for an extra or • ft w Yea um OW manse on tlu none of ft farm W thrt ire son fee): nom to. to VW. t 1 • Aneob t h farm u dto from of toe etilgoae, or on On bock If *soo 1. ? Addf*eeee's Add on does ttn fumdr. , Wft eswltPA*Wftd"jpnthnwproebrbwdnetloWf+wnber 2. ? Re ad Dd(r ww d laid titi daAlo T1u lth t-1 plan b whom eh wpole cc: DRB, Town of Vail aotlmm. a Corn eter for foe Mrs_ Ann Repetti s: AddmsW to: 4e. A h f+lwAw i 33b i ,7'19bP 4b.5et'vlm Typo Insured t / Melt ?'arwnf Recei for Werchandin ate of Deuvery a. Sipnetwtwr ( L„ /?ddre....'e Address (only If' ; and fee Is paid) J 07115/1999 13:57 7138771759 S RUTHERFORD PAGE 01 t Swan Repetti Rat6e GW ' 34" F& Lac Lr•- ?es?~ Honston, Ms. Kay Feary 2395 Bald Mtn. Rd. t Vail, Colorado $1657 , s . loser xay: I anderatand that 'the,;litigadon regarding the other half of the property is final and that you are the owner. I em looting forward to working with you and improving the property for everyone's benefit. Eadoseat for your review, in can you do not already have a copy, is the Townhouse Declaration affecting the property. You will note that Section 5D deals with modific ations to the ads for of the units. As you,can see, any such, modificadon requires ~ the written approval of the other owner. i understand that you have already submitted plans to the Town for approval and that these plans call for major, exterior changes. I also understand: that the first set of plans has been withdrawn. Givers the language of the i Townhouse: Docdaration, I would request that you send a copy of the new plans to me prior to sub»utdng them to the Town. The hearing scheduled for July 26, 1999, is certainly preanature givcrr that I have not seen i your proposed modifications. If arty plans were approved by the Town on that date, you would not be able to ad on them without my approval. 4 As you art also aware,-we need to decide the Primary/Secondary status. I am . sure that i we can work out this issue, and the exterior modification issue,. to our mutual satisfaction. However, we do need to get together to discuss these matters before either one of us ! submits plants to the Town for approval. I am planning on coming to Vail on August 5th for a.few days and.1 would be open to meeting with you and worldng out a resolution to these issues at that time. Please contact trre at 7:13-87?-1643 to arrange for a meeting to disass these matters. I am looking forward to hosting $om you very soon. Regards, Susan '.Rratlrerfocd = E'„ cc: Mrs Ana Repdb Department of Community Deyelopment, Town of Vail Y VAIL TOWN COUNCIL - MINUTES TUESDAY, October 5, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, October 5, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Rob Ford, Mayor Ludwig Kurz, Mayor Pro-Tem Kevin Foley Sybill Navas Michael Jewett Bob Armour Mike Arnett STAFF MEMBERS PRESENT: Pam Brandmeyer, Assistant Town Manager STAFF MEMBERS ABSENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was the consent agenda: A. Approve the Minutes from the September 7 and 21, 1999 meetings. B. Appointment of the Election Judges. Council member Bob Armour made a motion to approve the consent agenda approving the minutes from the September 7 and 21, 1999 meetings; and appointing Karen Morter, Vi Brown, Jeanne Tilkemeier and Mary Jo Allen as election judges for the 1999 Regular Municipal Election for the Town of Vail. Council member Michael Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the review of the Youth Recognition Award Winners' trip to Australia. Council member Sybill Navas introduced Jared Staber and Emily Sargent who were the local students that were sent to Australia. Jared Staber said they had "tons of fun" in Australia. He stated the experience was a great opportunity for him. He stayed with a host family, which added tremendously to the experience. He worked at Mount Buller on the mountain as a ski instructor and also worked in a retail business. Since he had not worked in these areas in the Vail Valley, he believes this opportunity has opened up options here for him. Emily stayed with a host family that was farther away from the mountain and worked for the local government. Her family was great and their daughter Sara came to Vail. They both were able to visit several sites in Victoria and a number of wild animals. The experience was definitely a good one and it forced them to be more independent and they were able 1 Town of Vail Council Minutes October 5, 1999 r to meet lots of new people. They thanked the Council for allowing them participate in the exchange program. Mayor Rob Ford asked them if they wanted to go back to Australia again. Jared said they were already planning a trip back. Mayor Rob Ford thanked them for the update. The fourth item on the agenda was first reading of Ordinance No. 25, Series of 1999, an Annual Appropriation Ordinance: Adopting A Budget And Financial Plan And Making Appropriations To Pay The Costs, Expenses, And Liabilities Of The Town Of Vail, Colorado, For Its Fiscal Year January 1, 2000, Through December 31, 2000. Steve Thompson, Finance Director, gave a quick background review. He stated this is a modification to the approved bi-annual budget. The amendments are to the budget numbers on the approved 2000 budget the Council approved in 1999. The annual budget needs to be adopted each year and these are amendments to this budget. Mayor Rob Ford said they have had several opportunities to amend and review this document to date. Council member Ludwig Kurz made a motion to approve on first reading, Ordinance No. 25, Series of 1999, and Council member Bob Armour seconded the motion. Council member Kevin Foley said staff needed to be more proactive, and cut out dollars department by department, and be more precise. He was concerned about salaries and benefits. Council member Bob Armour asked if expenditures were reduced in salary and benefits. Steve said that nine and one-half positions were deleted and there was $500,000 cut out of the budget. Council member Mike Arnett said the approval of this ordinance doesn't mean they can't cut out other expenditures in the future. Steve said there are still actions taking place to reduce the budget numbers, including insurance numbers. Council member Sybill Navas said Kevin was concerned with the budget and this issue last year. She stated her concern is that they need to look carefully at the budget because the next few years budgets and balancing them will be a concern. Steve said this process is in place now and the staff would continue to look closely at costs. He stated there are still reorganizations and shifting being done throughout the town. He said the staff would be back in front of the Council in December to discuss the mill levy and property taxes. A vote was taken and the motion passed, 6-1, Council member Kevin Foley against. 2 Town of Vail Council Minutes October 5, 1999 t The fifth item on the agenda was first reading of Ordinance No. 26, Series of 1999, an Ordinance, Third Amendment To The Town Of Vail Employees' Pension Plan. Steve Thompson, Finance Director, stated the amendments to the pension plan are necessary to adopt changes to the tax law and to amend the plans for the change to daily valuation of participant's assets in 1999. This amendment changes the language to accommodate the changes as mandated by law. Council member Bob Armour made a motion to approve on first reading, Ordinance No. 26, Series of 1999, and Council member Michael Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was first reading of Ordinance No. 27, Series of 1999, an Ordinance, Third Amendment To The Town Of Vail Police And Fire Employees' Pension Plan. Steve Thompson, Finance Director, said the amendments to the pension plan are necessary to adopt changes to the tax law and to amend the plans for the change to daily valuation of participant's assets in 1999. Council member Bob Armour made a motion to approve on first reading, Ordinance No. 27, Series of 1999, and Council member Michael Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was first reading of Ordinance No. 28, Series of 1999, an Ordinance Making Supplemental Appropriations and Budget Adjustments From The Town of Vail General Fund, Dispatch Services Fund, Parking Structure Fund, Housing Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Facilities Maintenance Fund Of The 1999 Budget And The Financial Plan For The Town Of Vail, Colorado; And Authorizing The Expenditures Of Said Appropriations As Set Forth Herein; And Setting Forth Details In Regard Thereto. Steve Thompson, Finance Director, said this is the second supplemental appropriation for 1999. He stated the majority of the proposed supplemental appropriations were presented with the second quarter financial report and discussed with the Council at the August 24, 1999 work session. He said the shaded line items were added since the last meeting. He also said there is a net reduction in total budgeted expenditures due to the reduction of $1.9 million in capital projects. The staff is adjusting the amount of expenditures out of the capital fund, due to the revenues brought in this year and the only addition is reducing building revenues in the amount of $150,000. Council member Bob Armour asked for clarification of the reduction. Council member Kevin Foley was concerned about the overtime for special events for Police Dept and Public Works. He said he wants more budgeting and preparation done before hand to cut down these costs. Council member Sybill said there was a 'wrap-up' meeting for WestFest and stated there could be significant reductions in cost for preparations in the years to come because of the efforts made this year. 3 Town of Vail Council Minutes October 5, 1999 r T Pam Brandmeyer, Assistant Town Manager, stated the town could handle the overtime through salary savings and that the police department and the public works departments said they could reduce overtime by 50-60% next year by preparing staff to work on straight time. Further discussion ensued. Council member Bob Armour made a motion to approve on first reading, Ordinance No. 28, Series of 1999, and Council member Michael Amett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was first reading of Ordinance No. 29, Series of 1999, an ordinance disconnecting those properties as outlined in the exchange agreement between the Town of Vail and the United States Forest Service as adopted and approved in Resolution No.3, Series of 1997. Russ Forrest said this ordinance was instituted to fulfill a contract with the Forest Service. He stated that in February of 1997, the Town of Vail entered into an agreement with the United States Forest Service to exchange certain properties in and around the town. Part of the agreement required the Town of Vail to de-annex these properties to fulfill the terms of the Exchange Agreement. Council member Bob Armour made a motion to approve on first reading, Ordinance No. 29, Series of 1999, and Council member Michael Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was second reading of Ordinance No. 23, Series of 1999, an ordinance amending Chapter 7, Section 12, Public Accommodation Zone District, Chapter 2, Section 12 Definition and Chapter 10, Section 12 of the Town of Vail Zoning Regulations to allow for text amendments to the development standards prescribed for the Public Accommodation Zone District; providing definitions of "Fractional Fee Club Unit", "Lodge", and "Substantial Off-site Impact"; revising the parking requirement calculation for a fractional fee club unit; and setting forth details in regard thereto. Mayor Rob Ford stated discussion and this process has been on-going for several months. - George Ruther, Senior Planner, stated on Monday, June 28, 1999, the Town of Vail Planning & Environmental Commission reviewed and unanimously recommended approval of the proposed text amendments to the Town of Vail Zoning Regulations, pursuant to Chapter 3, Section 12 of the Town Code. George said there were several changes made to the ordinance per the discussions with Town Council. He discussed each of the changes with the Council. He also reiterated the applicant has been to fourteen meetings throughout this process. Mayor Rob Ford asked if the concerns of the East Village Home Owners Association have been addressed. George stated the concerns had been addressed. 4 Town of Vail Council Minutes October 5, 1999 Y Diana Donovan, a local resident, said this project may have been in the process for a long time but the discussions took place mostly at work sessions and said the work sessions were not a public venue. She said this was a ridiculous proposal and that no one on the Council returned her phone calls. She said Mr. Faessler always does a good job but this does not guarantee it will be good quality in 10 years. She stated this ordinance was not fair to other developments. She stated she thought this was a rezoning and not an amendment. Her concern is that the Special Development District (SDD) process is still in place but it isn't being used. She was on the Planning and Environmental Commission (PEC) for 14 years and felt the current SDD process worked. She said the Council is taking away most of the bargaining chips with this amendment. She feels staff is not working with the SDD process appropriately, and it is not a part of their job to rework the regulations to help an applicant. She said the applicant needs to work with the regulations already in place. Most processes and regulations have worked so far and she feels this is a mistake to pass this ordinance today. Council member Mike Arnett made a motion to approve on second reading, Ordinance No. 23, Series of 1999, and Council member Michael Jewett seconded the motion. Council member Kevin Foley asked about applications for a Public Accommodation (PA) Zone District, and would that application be 'kicked back', and would it be covered under an SDD or a PA District. George said the staff looks at the underlying zoning of the property. Russ Forrest, Community Development Director, said this ordinance does not eliminate anyone from applying for an SDD in the future. Council member Sybil[ Navas said she says it is a matter of a difference of opinion between the Council and Diana Donovan. She said a rezoning may have been more appropriate at a different time but this was not done in the beginning. Sybill stated she hopes that the Council doesn't drop the ball and look at the Vail Village Master Plan (VVMP) and guidelines throughout this process. She said the Council is looking at something that is not too much different than what we have currently. We need more hotels and redevelopment of hotels. She said she continues to have a problem with the amendment and said she will oppose the vote for passing the ordinance but is not against the content of the ordinance. Council member Mike Arnett said the request was to insure the potential gross residential floor area (GRFA) was not abused, so there would not be an inferior product and not to change the underlying zoning. A vote was taken and the motion passed, 6-1, Council member Sybill Navas against. Johannes Faessler, the applicant, said the staff worked hard over the last year and a half. He also said the old PA Zone District regulations were not very good and it was clear that this change was necessary by zone district versus tied to a building. He thanked the Council for looking at the total zone district versus a specific property. He agreed with Sybill that in an ideal world, looking at the master plan to clean up the regulations would be ideal. He said the approval of this ordinance sends a signal to the 5 Town of Vail Council Minutes October 5, 1999 v community about the Council acknowledging that this will help Vail be competitive again. He doesn't think Diana is right and feels that good thirlgs;will come out of this approval. Jim Lamont, representing the East Village Home Owner's Association, said he echoed Sybill's comments regarding certain aspects of the Vail Village Master Plan that needs to be addressed in a timely manner. x The eleventh item on the agenda was the Town Manager's Report. There was no further information to report. Pam Brandmeyer stated there was a shortage of space for seasonal employees. She discussed the possibility of a temporary use of the vacated Vail Recreation District (VRD) space below the Vail Library. She said there are 12 Australians coming to work for Vail this winter season, and there are still 12 critical positions to be filled. There are two possible places to review for possible solutions, Bright Horizons and the VRD space. The Community Development Department staff said they would need to have a conditional use permit application for these spaces as soon as possible. She said John Gallegos, with Facilities Maintenance, reviewed the VRD space and thought five separate spaces or bedrooms could be accommodated there. There would need to be changes to the restroom and add a kitchen area. The former conference room would become the common living area and would have individually locked bedrooms. She said Krista Miller, with Human Resources, made offers to people for the bus driver positions and they were turned down because they took jobs that offered housing with the job. She is requesting the green light from Council to move forward with this process. The property is in a special use zone district, which would allow for this conditional use. Council member Bob Armour asked Russ about the types of dwelling units and conditional uses. Russ Forrest said dwelling units are based on the number of kitchen facilities, and this one would be considered a one dwelling unit. Pam stated that Vail Associates has been successful in putting this type of dwelling accommodation together. Council member Sybill Navas said Annie Fox, Vail Librarian, has concerns about whether or not seasonal housing is a compatible use with a library in the same building. There are security issues, and concerns that the staff room is being remodeled and would take approximately 4-6 weeks to complete. Staff was going to move downstairs into the VRD space while their remodel was being done. Also, the use of the community room to house staff during the remodel may be a concern to the community since this room is utilized heavily by the community. Pam said Mike Rose stated noise has not been a problem in the past. Pam said the control of the tenants would be the responsibility of the town and that if the tenants could not control the noise, they would be out. She said she and Mike don't share that concern. Council member Mike Arnett asked how the estimates were reached. 6 Town of Vail Council Minutes October 5, 1999 Pam said John worked on a very quick, broad estimate. A local architect has offered cabinets. This project would be managed by Nina Timm, Housing Coordinator and Krista Miller, Human Resources Representative at the Town of Vail. Council member Sybill Navas stated community facilities department would be doing a remodel in April of 2000 in that section of the library into a learning and tech section. She said by law, the town can not have out of country employees past April 20, 2000. Pam stated there is no entrance into the library from the VRD space. Council member Bob Armour asked if same sex employees would be in this space since there is only one bathroom. Pam said this could probably work out that way. She asked if Council wanted to direct staff to house same-sex employees at this space since there is only one bathroom. Council member Kevin Foley asked about hot water heater. Pam said there was plenty of hot water to make this work. Council member Mike Jewett asked about security for this site. He said he would feel comfortable about moving forward with this project without a site visit. Council member Bob Armour said Annie Fox was concerned about security. Pam said there are no internal passageways into the library space. Further discussion ensued about noise, security, venting, hot water systems, Russ said all adjacent property owners would be notified of this project through the conditional use process. Pam stated the funds for this remodel would come out of the general fund. The costs would be a complete wash. She said the Australians have stated this type of housing is very common and is acceptable in Mount Buller. Council member Mike Arnett said when total costs are known it should be divided by five so the costs are recovered. Chuck Ogilby, a local business owner, said this is brilliant thinking and said Pam should get a big medal. Council member Sybill Navas said when she heard about the money being spent for annual leases the town should take some money from the fund balance and buy real estate for employees to use. Council member Mike Arnett made a motion to approve this project proceed to the Planning and Environmental Commission (PEC), and to look into the five bedroom 7 Town of Vail Council Minutes October 5, 1999 space at the VRD space.and to receive final figures for the remodel at the time it goes through the PEC process. Council member Mike Jewett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Pam invited the Council to the Town of Vail Five-Year-Employee dinner on Thursday, October 28. Council member Kevin Foley and Bob Armour stated they would not be able to attend. Council member Sybill Navas reminded Council about the Open Space meeting-on Thursday. Suzanne Silverthome had media advisories on the Council Candidate Forum dates which will be held on October 12, 1999 and October 18, 1999. Council member Kevin Foley stated there were press releases about Aspen looking at banning cell phones in vehicles and asked if there was any interest in banning them here in Vail. Mayor Rob Ford said this was done in the Mid- West. Council member Bob Armour said it would be good to watch what Aspen does with this issue. Council member Ludwig Kurz said the Eagle County Commissioners accepted the counter proposal on the Berry Creek 5th Filing property. Mayor Rob Ford thanked Ludwig Kurz and Tom Moorhead for their hard work on the Berry Creek property. Further discussion ensued. Council member Sybill Navas reported the Wayfinding Committee met yesterday and the team doing the design is on schedule and they hope to be scheduled at the Town Council meeting following the election. She has learned a lot about the impact of signs. Council member Ludwig Kurz stated he had dinner with the Mammoth Lakes Town Council and they shared information. Council member Michael Arnett said he would be out of town next week and he will miss the Candidate Forum of October 12, 1999. He congratulated Luddie and Tom on the Berry Creek 5th sale. Council member Sybill Navas said there was an article in the newspaper last week on a new chemical being used on the streets. Pam said discussion is currently being held but stated the chemical is very expensive. $ Town of Vail Council Minutes October 5, 1999 Council member Mike Jewett asked if there would be a specific agenda at the open Space committee meeting on October 7, 1999. Council member Sybill Navas said her intentions at the meeting would be to review the criteria for property and to propose a review of the selection that was presented to Council that was previously denied and ask for further public input. Also, they will look at the map and clarify how decisions were made and what may happen in the future. Council member Ludwig Kurz said in regard to the Berry Creek 5t' Filing, this is the first time two major entities would be entering to an Intergovernmental Agreement (IGA) for employee housing. He said the County is very positive about it and the Town of Vail should be too. As there was no further business, a motion was made by Council member Mike Arnett to adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 8:15 p.m. Respectfully submitted, Rob Ford Mayor ATTEST: Lorelei Donaldson Town Clerk 9 Town of Vail Council Minutes October 5, 1999 i ' I VAIL TOWN COUNCIL - MINUTES ' TUESDAY, October 19, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, October 19, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Rob Ford, Mayor Ludwig Kurz, Mayor Pro-Tern Kevin Foley Sybill Navas Michael Jewett Bob Armour Mike Arnett STAFF MEMBERS PRESENT: Pam Brandmeyer, Assistant Town Manager Bob McLaurin, Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen's participation. The second item on the agenda was the consent agenda: A. Ordinance No. 26, Series of 1999, second reading of an Ordinance, Third Amendment To The Town Of Vail Employees' Pension Plan; B. Ordinance No. 27, Series of 1999, second reading of an Ordinance, Third Amendment To The Town Of Vail Police and Fire Employees' Pension Plan; C. Ordinance No. 29, Series of 1999, second reading of an ordinance disconnecting those properties as outlined in the exchange agreement between the Town of Vail and the United States Forest Service as adopted and approved in Resolution No.3, Series of 1997. Council member Michael Arnett made a motion to approve the consent agenda, and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was first reading of Ordinance No. 30, Series of 1999, an Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Rockledge Road, More Fully Described as Follows: That portion of Lots 2, 3A and 3B (Resubdivision of Lot 3, Block 7), 4, 7, 8A, 9A, 10A and10B (Resubdivision of Lot 10, Block 7), and 13B (Resubdivision of Lot 13, Block 7), Block 7, Vail Village First Filing, hereinafter referred to as the "Original 1 Vail Town Council Minutes October 19, 1999 Lots", lying South of the North Line of Lot 2 of the Raether Minor Subdivision (formerly Government Lot 3), and North of the North boundary of Rockledge Road and/or North of the North boundary of Tract A East of the East end of Rockledge Road, hereinafter referred to as the "Purchased Property", which Original Lots and Purchased Property are combined for each of said lots as Lots 2, 3A, 3B, 4, 7, 8A, 9A, 10A, 10B and 13B, as described in the Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson- Langford Corporation and dated September 7, 1999, together with all interests of the Town of Vail in all easements and other appurtenances associated with said Purchased Property as shown on said Final Plat. In addition, pursuant the Agreement Creating Restrictive Covenants, attached as Exhibit B, the Town of Vail agrees to create restrictive covenants, which shall be covenants running with the land, for the benefit of the owners of Lots 2, 3A, 36, 4, 7, 8A, 9A, 10A, 1013 and 13B, which Restrictive Covenants shall be on the following described real estate in the Town of Vail, County of Eagle and State of Colorado, to wit: Tract A, Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999 (See attached Exhibit A - Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999.) Tom Moorhead said his comments pertain to this ordinance (#30) and also to Ordinance #31, Series of 1999, because both properties were acquired at the same time. In the early 1990s the Vail Town Council directed staff to begin working with the Forest Service to address private and public encroachments on Forest System lands and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the community completed the Vail Comprehensive Open Space Plan which identified properties that should be considered for land exchange. In June, 1995, the Town of Vail and the United States Forest Service signed and agreement to initiate a land exchange. The land exchange involved three parcels of Town of Vail land totaling 76 acres and 11 parcels of United States Forest Service land totaling 62.2 acres. Through surveys, both lands were deemed of like value. This exchange essentially removed the Forest Service lands from within the Town of Vail by acquiring or de-annexing U.S. Forest lands. The transfer of the property from the Town of Vail to the Forest Service was approved in Ordinance No. 5, Series of 1997. The Town has been negotiating in good faith with the residents on Rockledge Road to convey land where residents now have encroachments and to create a buffer between Ptarmigan and the forest on what was United States Forest Service lands and now are Town of Vail owned lands. The value of this land has been calculated on a per square foot basis. There is the potential to see a return of $1.4 million on the sale of properties on Rockledge Road. This conveyance will also create an open space buffer between the Town of Vail and the Forest 2 Vail Town Council Minutes October 19, 1999 i Service land to the south of Rockledge Road. It is hoped that it will reduce the likelihood of private exchanges of Forest Service lands in and around the Town of Vail. The Town continues to maintain a strong posture in regard to opposing private land exchanges that could allow additional development around the Town of Vail. Russ Forrest, Community Development Director had also given Council additional information on these transactions. There will also be four acres retained and be in an Open Lands trusts. There have been technical changes to Ordinance #30 and #31 and each ordinance reflects the total consideration. He said Diana Donovan, at the work session, asked about the transactions. Tom said each transaction was done separate from each other. Trappers Run was a separate transaction. This transaction needs to be evaluated on its own merits. Mayor Rob Ford gave additional background information on why this transaction was being done for clarification purposes. He said this has been reviewed many times by Council Council member Kevin Foley asked how they came up with the price. Tom Moorhead stated Paul Heffron, the Town of Vail's consultant, created a formula by which each property owner could see how much they were paying per square foot. Further discussion ensued. Council member Mike Jewett said there has been a lot of discussion about lands that could be divided and sold off as separate lots. Russ said this was the reason why this process was done Tom Moorhead said there has been issues against private exchanges and development on lands on Vail mountain. He said the Council and the community oppose this type of exchange. Russ said this is a Land Ownership Adjustment (LOA) process so that this wouldn't happen. Tom said the Forest Service wanted easements across the land on Rockledge and the Forest Service backed off so the buffer would be maintained. Council member Mike Arnett made a motion to approve Ordinance No. 30, Series of 1999 on first reading, with the condition that the a "Whereas" clause would be stricken from the ordinance, and Council member Ludwig Kurz seconded the motion. Council member Kevin Foley said he is voting against this ordinance because it is not in the proper fiscal interest of the Town. A vote was taken and the motion passed, 6-1, Council member Kevin Foley against. 3 Vail Town Council Minutes October 19, 1999 f 1 The fourth item on the agenda was first reading of Ordinance No. 31, Series of 1999, an Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Ptarmigan Road, More Fully Described as Follows: That portion of Lots 1-6, Block 5, Vail Village Seventh Filing, hereinafter referred to as the "Original Lots", lying South of the North line of Government Lot 3, and North of Ptarmigan Road, hereinafter referred to as the "Purchased Property", which Original Lots and Purchased Property are combined as Lots 1, 2, 3 and 4, Block 2, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999; and that portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4"), and lying East of the West line of Government Lot 3, West of the East line of Government Lot 4, and North of Corners 3 and 4 of Government Lot 3, containing 5,074.5 square feet more or less, which portion is hereinafter referred to as the °Purchased Property", which Original Lot 4 and Purchased Property are combined as Lot 4, Block 1, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999. In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a conservation easement, on the terms and conditions set forth in the Deed of Conservation Easement, attached as Exhibit B, which Conservation Easement shall be on the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: (1) (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range 80 West, 6th Principal Meridian, which contains 9,333 square feet; and (2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal Meridian which contains approximately 4.252 acres (See attached Exhibit A - Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson- Langford Corporation and dated September 1, 1999.) (15 mins.) Tom Moorhead said In the early 1990s the Vail Town Council directed staff to begin working with the Forest Service to address private and public encroachments on Forest System lands and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the community completed the Vail Comprehensive Open Space Plan which identified properties that should be considered for land exchange. In June, 1995, the Town of Vail and the United States Forest Service signed and agreement to initiate a land exchange. The land exchange involved three parcels of Town of Vail land totaling 76 acres and 11 parcels of United States 4 Vail Town Council Minutes October 19, 1999 Forest Service land totaling 62.2 acres. This exchange essentially removed the Forest Service lands from within the Town of Vail by acquiring or de-annexing U.S. Forest lands. The transfer of the property from the Town of Vail to the Forest Service was approved in Ordinance No. 5, Series of 1997. The Town has been negotiating in good faith with the residents on Ptarmigan Road to convey land where residents now have encroachments and to create a buffer between Ptarmigan and the forest on what was United States Forest Service lands and now are Town of Vail owned lands. The value of this land has been calculated on a per square foot basis. The Town of Vail will realize $1.2 million for the sale of property on Ptarmigan Road. It is hoped that it will reduce the likelihood of private exchanges of Forest Service lands in and around the Town of Vail. The Town continues to maintain a strong posture in regard to opposing private land exchanges that could allow additional development around the Town of Vail. Council member Bob Armour said he would recuse himself from this item due to a conflict of interest. Council member Kevin Foley said he is voting against this ordinance because it is not in the proper fiscal interest of the Town. He is concerned that the Forest Service may reverse their decisions to keep this forest service property in the future. Council member Mike Arnett said he can see Kevin view point but since these issues were done prior to this Council, he said this may be a potential danger of future Forest Service negotiations. Council member Sybill Navas said with regard to the appraised value, the town may have had to pay a higher price. Council member Mike Arnett made a motion to approve Ordinance No. 31, Series of 1999 on first reading, and Council member Ludwig Kurz seconded the motion. Council member Mike Jewett said he would vote in favor of the ordinance. Council member Ludwig Kurz said the town is honoring an agreement to work with the Forest Service and protect open space. He said just because the town is in a financial crunch, they can't change their minds in mid-stream. He said he is in favor of the ordinance A vote was taken and the motion passed, 5-1, Council member Kevin Foley voted against and Council member Bob Armour recused himself from this item The fifth item on the agenda was first reading of Ordinance No. 32, Series of 1999, an Ordinance to Designate Five Properties in the Town of Vail as Open Space as per Section 13.11 of the Town of Vail Charter (see Exhibit A). Mayor Rob Ford gave a background of the open space committee and reviewed that the previous ordinance had failed to pass by a super majority vote before and the open space committee has now come back and endorsed five parcels to be designated as open space. 5 Vail Town Council Minutes October 19, 1999 Russ Forrest, Community Development Director, said on April 30', the Town of Vail Open Space Board of Trustees met and unanimously approved a recommendation to the Town Council to consider designating land in the Town of Vail as designated open space as per Section 13.11 of the Town of Vail Charter. On May 25, 1999, the Town Council, at a regularly scheduled work session, reviewed the proposed properties and a majority of the Town Council directed staff to move forward with the designated open space process for the four properties identified in Ordinance 16. One of the major reasons for initiating this process is to fulfill the Town's commitment to place the portion of the Arosa-Garmisch property that will be used for a park in the designated open space status. On July 6"' the Town Council voted 5-2 on Ordinance 16, which failed because a super majority is required (6-7) to approve a designation. On October 7"' the Open Space Committee held a public hearing and received community input on other lands that should be considered. At that meeting, the Committee unanimously decided to add 2900 Manns Ranch Road to the 4 properties the committee would recommend for inclusion into the designated opens space status at this time. The Arosa/Garmisch property which is planned for a park; Buffehr Creek Park, 2900 Manns Ranch Road (Booth Creek Park), a riparian area in Booth Creek, and an unplatted parcel south of Main Gore Drive, east of the water tank. Each land is critical as a natural area, or open space. Council member Mike Arnett made a motion to approve Ordinance No. 32, Series of 1999 on first reading, and Council member Bob Armour seconded the motion. Council member Mike Jewett thanked the committee for their hard work and for having a public meeting. He said there is a list of people who want to be contacted for other public meetings and would like to have proper notice of upcoming meetings. Council member Sybill Navas thanked Mike Jewett for his comments. She said this is a new process and there was not a lot of formality and out of the public meeting there was more clarification of open space. She said this is not end of the line for additional properties in Vail to be designated open space. The committee will meet two to three times a year and they will continue to look at other properties. Council member Kevin Foley said he now understands the process better after attending the public meeting. Council member Bob Armour thanked everyone on the Open Space Committee and thanked - them as a West Vail neighbor for the open space designation on the Arosa/Garmisch property. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was second reading of Ordinance No. 25, Series of 1999, second reading of an Annual Appropriation Ordinance: Adopting A Budget And Financial Plan And Making Appropriations To Pay The Costs, Expenses, And Liabilities Of The Town Of Vail, Colorado, For Its Fiscal Year January 1, 2000, Through December 31, 2000. Mayor Rob Ford said there were some changes to this ordinance from the first reading on the general fund by $100,000. 6 Vail Town Council Minutes October 19, 1999 1 Steve Thompson, Finance Director, stated there was only one change to the general fund which was $100,000. Council member Sybill Navas made a motion to approve Ordinance No. 25, Series of 1999 on second reading, and Council member Ludwig Kurz seconded the motion. Council member Bob Armour stated the lodging initiative was imperative and requested they change the motion. Council member Sybill Navas amended the motion to change the amount of the general fund to $75,000, so $25,000 would be designated for the lodging quality initiative. Council member Mike Jewett said he cannot support the motion as stated. He didn't think the tax dollars are needed for the lodging tax. Council member Kevin Foley said he voted against this at the first reading and still can't support it now. Council member Mike Arnett said they are at a critical stage and there is real negative perception of getting value in Vail. He said the money is not for monitoring the quality of the lodges but a one-time grant to get this program up and running and the money will be very well spent as is our money to the Vail Valley Foundation, the arts and other events in town. Council member Ludwig Kurz said this is a time in the history of Vail where we have to change the economic viability and it is critical in Vail. This is one of the most critical areas and we have an obligation to do so with this one time expenditure. The town is not controlling or heavy handed, we are simply making an investment to the community and our inadequate bed base. Council member Kevin Foley said if this was extremely important to the lodging community they would have had more support. A vote was taken and the motion passed 5-2, Council member Kevin Foley and Mike Jewett against. The seventh item on the agenda was second reading of Ordinance No. 28, Series of 1999, second reading of an Ordinance Making Supplemental Appropriations and Budget Adjustments From The Town Of Vail General Fund, Dispatch Services Fund, Parking Structure Fund, Housing Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Facilities Maintenance Fund Of The 1999 Budget And The Financial Plan For The Town Of Vail, Colorado; And Authorizing The Expenditures Of Said Appropriations As Set Forth Herein; And Setting Forth Details In Regard Thereto. Mayor Rob said this is in conjunction with the previous ordinance. Steve Thompson, Finance Director, stated this is the second supplemental appropriation for 1999. The majority of these proposed supplementals were presented with the second quarter financial report and this was discussed with Council at the August 24, 1999 work session. He 7 Vail Town Council Minutes October 19, 1999 said the items that have been changed from the last meeting are shaded. There is a net reduction in the total budgeted expenditures due to the reduction of $1.9 million in capital projects. The staff is trying to get all the supplementals in with this Council because they approved the bi-annual budget. There were additional revenues and grants from the first reading of this ordinance. Council member Ludwig Kurz made a motion to approve Ordinance No. 28, Series of 1999 on second reading, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was Resolution No. 14, Series of 1999, a Resolution Approving The Law Enforcement Assistance Fund (Leaf) Contract # L-22-00. Tom Moorhead said this resolution is to approve a contract with the LEAF, with $21,000 to the Town of Vail; $19,000 will be utilized for overtime and $2,000 for equipment. Council member Bob Armour asked if this is the second year in a row for this contract. Tom Moorhead said yes it is, the state funds were cut but the Town of Vail was given a contract for a second year. The contract shall begin on January 1, 2000 and shall terminate on December 31, 2000. Council member Bob Armour made a motion to adopt Resolution No. 14, Series of 1999 with change to Resolution to change the # sign to a dollar sign, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, said the Bright Horizons lease agreement is for the maintenance costs for the space for the next ten years Council member Mike Jewett said this was round one of the negotiations and we are getting there, but he wants a longer lease. Bob McLaurin asked the Council for direction on how he should proceed with the negotiations. Council member Mike Arnett said if the improvements were to be picked up and taken out of space, he would be agreeable to the ten-year lease. Mayor Rob Ford said he wanted Council support to move forward on this item. Bob McLaurin stated John Caldwell, the owner's representative, is not willing to extend the term of the lease at this time since they have already given five years of free lease space,already. From their perspective, ten years is a reasonable time frame. Council member Mike Jewett said ten years will go very quickly and they want something done with it. He said the town is in a better position today to negotiate a longer term of the lease. 8 Vail Town Council Minutes October 19, 1999 Bob reminded the Council that this was not the first round of negotiations, this is the third or fourth round. He said this is reasonable time frame but he will try to get more. Council member Bob Armour asked when would the town have to sign the lease. What would happen if, through the community facilities process, the use changes. Bob said there was $250,000 in the budget for improvements, but can't see how they could spend that much money for the space. However, if they improved the space and if the use is changed, they could have John Caldwell look at it again. Further discussion ensued. Mayor Rob Ford wanted a show of hands to see support on moving forward with this process. Everyone except Council members Mike Jewett and Bob Armour raised their hands. Council member Mike Jewett said the town is still in a better position to negotiate right now. Council member Bob Armour said he is passing around pictures of the West Vail fire for Council to review. As there was no further business, a motion was made by Council member Bob Armour to adjourn the meeting and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 8:00 p.m. Respectfully submitted, Rob Ford Mayor ATTEST: Lorelei Donaldson Town Clerk 9 Vail Town Council Minutes October 19, 1999 Ii I i ORDINANCE NO. 30 SERIES OF 1999 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO THE FOLLOWING LAND OWNED BY THE TOWN OF VAIL AND LOCATED ON ROCKLEDGE ROAD, MORE FULLY DESCRIBED AS FOLLOWS: That portion of Lots 2, 3A and 3B (Resubdivision of Lot 3, Block 7), 4, 7, 8A, 9A, I OA andI OB (Resubdivision of Lot 10, Block 7), and 13B (Resubdivision of Lot 13, Block 7), Block 7, Vail Village First Filing, lying South of the North Line of Lot 2 of the Raether Minor Subdivision (formerly Government Lot 3), and North of the North boundary of Rockledge Road and/or North of the North boundary of Tract A East of the East end of Rockledge Road, as described in the Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail), together with all interests of the Town of Vail in all easements and other appurtenances associated with said Purchased Property as shown on said Final Plat. In addition, pursuant the Agreement Creating Restrictive Covenants, attached as Exhibit B, the Town of Vail agrees to create restrictive covenants, which shall be covenants running with the land, for the benefit of the owners of Lots 2, 3A, 3B, 4, 7, 8A, 9A, I OA, I OB and 13B, which Restrictive Covenants shall be on the following described real estate in the Town of Vail, County of Eagle and State of Colorado, to wit: Tract A, Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail). (See attached Exhibit A - Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999.) WHEREAS, the Town of Vail is the owner of certain property particularly described in Exhibit A, attached hereto; and WHEREAS, the land being conveyed herein was acquired by the Town of Vail from the United States Forest Service in-the Land Ownership Adjustment Agreement; and WHEREAS, the Land Ownership Adjustment Agreement and the conveyance of this land is consistent with the Vail Comprehensive Open Space Plan adopted in 1994; and WHEREAS, it is contemplated that this conveyance will be concluded through a series of transfers to adjoining property owners on Rockledge Road that will assist removing private encroachments from publicly owned land, providing a boundary between the Town of Vail and the United States Forest Service property. T NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the sale of property for a total purchase price of t $1,400,000. 2. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title from the Town of Vail to adjoining property owners. 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19`' day of October, 1999, and a public hearing shall be held on this Ordinance on the 2"d day of November, 1999, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of November, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk cAorinance99.30 FINAL PLAT OF A REPLAY. OF A PORTION QF BLOCK 7 PAIL VILLAGE FIRST FILING. AND LOT 2. OF RAETHER MINOR SUBDIVISION SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST, 6th PRINCIPAL MERIDIAN , nXrr uu Inev #111' MAIL ! I rLon i urr'oA P IA/rnA l Il/7'NA I.n1'Y L:.ir.~_I r I Y ` r..Y GM1JV4x~l NU r w v INrwnr I - „ , - uY' NaaYY'Y uII Xr Nr Nr 4Ol „'Wa r,., , r,. ~Y io -,a ar rNN1--ho % _ j ' aN.vurval r+ •,Y v - N IM c .a _u.-»-1i '"nL~^141 L a s Y t y 8 B r 77tA A U XXea'IfX ITJ.1Y ~~jy_`tlC (I "F "11 CL lIIc Cl4 C I YU I?-r41 qF r La I'r N UW/ddlBRhllyldGtlYPPyAILd~RB~If l Nrea.arlro>!wu y nx. N eroanTmY,lr „Ir nun A Y fla WhWITL 19nWA fYAlYOPLiM 14V IA8IP ra:y, i.,r ~YT+'1''fl ..Y w. rer Na 'ors .nnrr X~ u I, I rr , ..~If ur UNNANY TIINA nl rie 13I YIM inl i u~iip~,ilurii 1+:1 mnllrrl~~ EASEMENT IJNE/CIIkYE TAtlIE a LINE TABLE L IUflWp IN,Y I 'I uU UK CIIYNp'NE41NL lNC- XlpIUS fl CNUMp '~I 1 II I N „N " gl U'a W.irit YG I 1':.U lulrl rr u f0 rl r~ 1r rr.ri - - _uro, r __etl la 1 1 Nut , un r " .e,l " • , I =sn .(~r. ,anle~aenae, ~.w.;:n er wr o.r lu ~~rJ YI InI~WFern~ V~Ur~ s.ml erln /W n. eY, I a " h• levy Inr 'a1 i rrr r,rx n..,,i u ._LI ~_L_~ IrX?.N.eurrrmmT.Mri ".ir~Vv rnrl .,nru w ..JN ~-_^'xl M,P n ~reW fl tWU1NU rwr. rr Q rv u,. arrm rn r loW ' ?,i..~.A i,u Cur hf INIU nll " WWII. l "imn"rr .urrml nun n mrgr tt.,i nrq to ne XM rul ' n,'iwr"r ~qr n.glX vlmr"nq vnYb to niliY V.. .N,..,.. CIIkVI: 1A1111: EA A-SaWI lM ni- puu_ l- 15 _3i _r n it JY. iv EPLA7' OF A PORTION OF BLOCK 7 a: _ » »rn r N."" vnlL VILLAGE FIRST FILING LOT 2 RAETHER MINOR SUDDIVISIO SEC. Tre _ v . 7, T. 5 S., R. 00 W 6th wIN wnr....,„. P.M. a ri: - _ N ' OW VA .r r.. n. ..'.?~:ii.nr. x~N:: nn rr,,. 9nlrvl ¢v sr ItllY.r°swN xcl aNn: nlplw pN. „ , rx I MOMPSONJANGFORDCORPORMON 529 25 112 OOAO - Y B-210 r^• M „ o. , u , Grand .junction CO 81505 19101 243-6067 poi N uv Ur of W xP a 011+CJ sear ",lent c.lr„l'~ ~ pNr .qN r.n I / ; r X~1 i d , ~ /t t ORDINANCE NO. 32 Series of 1999 (Revised on October 19, 1999) AN ORDINANCE TO DESIGNATE FIVE PROPERTIES IN THE TOWN OF VAIL AS OPEN SPACE AS PER SECTION 13.11 OF THE TOWN OF VAIL CHARTER (SEE EXHIBITS A) WHEREAS, the voters of the Town of Vail approved a Charter Amendment to create a process to freeze the zoning on properties that met specific criteria outlined in Section 13.11 of the Town of Vail Charter; and WHEREAS, the Town Council has approved an Open Lands Plan that included a provision to require voter approval before the use or ownership of a Designated Open Space parcel could be changed; and WHEREAS, the Town Council believes that it is appropriate to maintain open space zoning on certain designated properties in perpetuity unless, and until, a majority of the Town of Vail registered electors decided to remove the a Designated Open Space classification; and WHEREAS, the Town of Vail Open Space Committee unanimously voted to designate all 5 properties in Exhibit A as open space; and, WHEREAS, the Town Council finds that the 5 properties in Exhibit A meet the criteria outlined in Section 13.11 of the Town of Vail Charter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1 The Town Council hereby finds, determines and declares that the properties identified in exhibit A will be designated open space. Section 2 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation 1 e that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4 g All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of October, 1999. A public hearing shall be held hereon on, the this 19th day of October, 1999 at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ~mti!!!lln;r!ttp . yiy CF Robe E. Ford, Mayor SEAL ATTEST: OLOR ~~uuu:ruruu~~a~u'. ~G releybonaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of November, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk 2 r Attachment A for Ordinance number. 32, Series of 1999 Property & Legal Zoning Natural Acres Remarks Description Features 1) Unplatted portion Outdoor Natural hill 2.66 This will be the site of a of the SE '/4 SE %a SE Recreation side new park and trail '/4 S W % of Section I l jownship 5 South, Range 81 West, generally located on the north side of Arosa Drive, and butting Sunlight North to the east and the Town Manager's house to the west (see map). 2)Buffehr Creek Outdoor Landscaped 1.1 This is an existing park Park, Lot 40 of Recreation park Buffehr Creek Subdivisions 3) 2900 Manns Outdoor Booth Creek 3.06 This is an existing park Ranch Rd, Lot 11, Recreation Park Block 1, Vail Village 13 4) Tract B, Vail NAPD _ Riparian 3.89 This is a high quality Village 13`h Filling Area/Booth riparian area and 100 Creek year flood lain. 5) Unplatted land NAPD Undisturbed 4 There is possibly 1 acre south of Main Gore Lodgepole and of buildable area on this Drive, County Parcel meadow site number 2099-182- environemnt, 00-002, 5176 Main upland Gore Drive. wetlands. 3 ORDINANCE NO. 31 SERIES OF 1999 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO THE FOLLOWING LAND OWNED BY THE TOWN OF VAIL AND LOCATED ON PTARMIGAN ROAD AND VACATING A PORTION OF PTARMIGAN ROAD, MORE FULLY DESCRIBED AS FOLLOWS: That portion of Lots 1-6, Block 5, Vail Village Seventh Filing, lying South of the North line of Government Lot 3, and North of Ptarmigan Road, hereinafter referred to as the "Purchased Property", which Purchased Property is combined with Lots 1-6, Block 5, Vail Village Seventh Filing (according to the original plat), as Lots 1,.2, 3 and 4, Block 2, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999 (as that plat may be modified with the consent of the Town of Vail); and That portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4") and lying East of the West line of Government Lot 3, West of the East line of Government Lot 4, and North of Corners 3 and 4 of Government Lot 3, containing 5,074.5 square feet more or less, which portion is hereinafter referred to as the "Purchased Property-I", which Original Lot 4 and Purchased Property-1 are combined as Lot 4, Block 1, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999, (as that plat may be modified with the consent of the Town of Vail). That portion of Ptarmigan Road, according to the plat of Vail Village Seventh Filing, situated in the NW % NW % of Section 9, Township 5 South Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at the point on the North line of Government Lot 3 of said Section 9, whence the B.L. M. Cadastral Survey brass cap for the South- North one-sixty fourth corner on the West line of said Section 9 bears North 89123'29" West, a distance of 65.46 feet; Thence North 00°36'31" East, a distance of 24.97 feet to the Northerly right-of-way line of Ptarmigan Road, being on a 215.00 foot radius curve concave to the northeast; Thence along said right-of-way line, 58.53 feet southeasterly along the arc of said curve, through a central angle of 15°35'49", with a chord bearing South 64102'57" East, a distance of 58.35 feet to the North line of said Government Lot 3; Thence North 89023'29" West, a distance of 52.73 feet to the Point of Beginning. Containing 0.013 Acres, more or less. In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a conservation easement, on the terms and conditions set forth in the Deed of Conservation Easement, attached as Exhibit B, which Conservation Easement shall be on the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range 80 West, 6th Principal Meridian, which contains 9,333 square feet; and (2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal Meridian which contains approximately 4.252 acres (See attached Exhibit A - Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999.) WHEREAS, the Town of Vail is the owner of certain property particularly described in Exhibit A, attached hereto; and WHEREAS, the land being conveyed herein was acquired by the Town of Vail from the United States Forest Service in the Land Ownership Adjustment Agreement; and WHEREAS, the Land Ownership Adjustment Agreement and the conveyance of this land is consistent with the Vail Comprehensive Open Space Plan adopted in 1994; and WHEREAS, it is contemplated that this conveyance will be concluded through a series of transfers to adjoining property owners on Ptarmigan Road that will assist removing private encroachments from publicly owned land, providing a boundary between the Town of Vail and the United States Forest Service property. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the sale of property for a total purchase price of $1,212,000. 2. The Town Council specifically agrees that the purchase price to be paid by Roy May shall be paid as follows: The purchase price for the May property is One Hundred Twenty-Eight Thousand Eighty-Nine and 00/100s Dollars ($128,089.00) and the May donation for the Conservation Easement is Six Hundred Eighty Thousand and 00/100s Dollars ($680,000.00) for a total payment of Eight Hundred Eight Thousand Eighty-Nine and 00/100s Dollars ($808,089.00) (the "Total Payment"), payable as follows: a. Five Thousand and 00/100's Dollars ($5,000.00) upon contract acceptance; and b. Two Hundred Sixty-Five Thousand Eighty-Nine and 00/100s Dollars ($265,089.00), payable at closing; and c. The Mays shall sign a negotiable promissory note in the amount of Five Hundred Thirty-Eight Thousand and 00/100s dollars ($538,000.00) payable to the Town of Vail in consecutive annual installments of Two Hundred Sixty-Nine Thousand and 00/100s dollars ($269,000.00) plus interest at the rate of 8% per annum on the unpaid balance beginning one year from date of closing. The Mays shall have the right to prepay this note in any amount at any time without penalty. Said note shall be secured by a first deed of trust on the May property. The note amount and the annual payments will be adjusted proportionally at closing to reflect any changes in purchase price as set forth in subparagraph d., below. d. A portion of the above stated Total Payment being paid by the Mays, includes those funds unpaid by the owners of Lot 5, Vail Village I Oth Filing (said lot is-also known as 975 Fairway Drive). In the event that the town of Vail should receive any funds from said owners from the sale of Lot 5, Block 1, as identified and depicted on Exhibit A, within 10 years of date of closing of this transaction, the Town of Vail will promptly pay said funds in full to the Mays without interest. 3. The Town Council hereby vacates that portion of Ptarmigan Road containing 0.013 acres which land will be conveyed to Kay Parker Cannan and Darrold A. Cannan, Jr. as this portion of road right-of-way contains improvements thereon, is not necessary for Ptarmigan Road, and will continue to be subject to an eight foot maintenance easement. 4. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title from the Town of Vail to adjoining property owners. 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 7. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 8. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19`h day of October, 1999, and a public hearing shall be held on this Ordinance on the 2"d day of November, 1999, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of November, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk cAorinance99.31 1 i ORDINANCE NO. 31 SERIES OF 1999 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO THE FOLLOWING LAND OWNED BY THE TOWN OF VAIL AND LOCATED ON PTARMIGAN ROAD AND VACATING A PORTION OF PTARMIGAN ROAD, MORE FULLY DESCRIBED AS FOLLOWS: That portion of Lots 1-6, Block 5, Vail Village Seventh Filing, lying South of the North line of Government Lot 3, and North of Ptarmigan Road, hereinafter referred to as the "Purchased Property", which Purchased Property is combined with Lots 1-6, Block 5, Vail Village Seventh Filing (according to the original plat), as Lots 1, 2, 3 and 4, Block 2, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999 (as that plat may be modified with the consent of the Town of Vail); and That portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4") and lying East of the West line of Government Lot 3, West of the East line of Government Lot 4, and North of Corners 3 and 4 of Government Lot 3, containing 5,074.5 square feet more or less, which portion is hereinafter referred to as the "Purchased Property-I", which Original Lot 4 and Purchased Property-1 are combined as Lot 4, Block 1, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999, (as that plat may be modified with the consent of the Town of Vail). That portion of Ptarmigan Road, according to the plat of Vail Village Seventh Filing, situated in the NW 1/4 NW 1/a of Section 9, Township 5 South Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at the point on the North line of Government Lot 3 of said Section 9, whence the B.L. M. Cadastral Survey brass cap for the South-North one- sixty fourth corner on the West line of said Section 9 bears North 89°23'29" West, a distance of 65.46 feet; Thence North 00°36'31" East, a distance of 24.97 feet to the Northerly right-. of-way line of Ptarmigan Road, being on a 215.00 foot radius curve concave to the northeast; Thence along said right-of-way line, 58.53 feet southeasterly along the arc of said curve, through a central angle of 15°35'49", with a chord bearing South 64°02'57" East, a distance of 58.35 feet to the North line of said Government Lot 3; Thence North 89°23'29" West, a distance of 52.73 feet to the Point of Beginning. Containing 0.013 Acres, more or less. In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a conservation easement, on the terms and conditions set forth in the Deed of Conservation Easement, attached as Exhibit B, which Conservation Easement shall be on the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range 80 West, 6th Principal Meridian, which contains 9,333 square feet; and (2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal Meridian which contains approximately 4.252 acres (See attached Exhibit A - Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999.) WHEREAS, the Town of Vail is the owner of certain property particularly described in Exhibit A, attached hereto; and WHEREAS, the land being conveyed herein was acquired by the Town of Vail from the United States Forest Service in the Land Ownership Adjustment Agreement; and WHEREAS, the Land Ownership Adjustment Agreement and the conveyance of this land is consistent with the Vail Comprehensive Open Space Plan adopted in 1994; and WHEREAS, it is contemplated that this conveyance will be concluded through a series of transfers to adjoining property owners on Ptarmigan Road that will assist removing private encroachments from publicly owned land, providing a boundary between the Town of Vail and the United States Forest Service property. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the sale of property for a total purchase price of $1,212,000. 2. The Town Council specifically agrees that the purchase price to be paid by Roy May shall be paid as follows: The purchase price for the May property is One Hundred Twenty-Eight Thousand Eighty-Nine and 00/100s Dollars ($128,089.00) and the May donation for the Conservation Easement is Six Hundred Eighty Thousand and 00/100s Dollars ($680,000.00) for a total payment of Eight Hundred Eight Thousand Eighty-Nine and 00/100s Dollars ($808,089.00) (the "Total Payment"), payable as follows: a. Five Thousand and 00/100's Dollars ($5,000.00) upon contract acceptance; and b. Two Hundred Sixty-Five Thousand Eighty-Nine and 00/100s Dollars ($265,089.00), payable at closing; and f Y c. The Mays shall sign a negotiable promissory note in the amount of Five Hundred Thirty-Eight Thousand and 00/100s dollars ($538,000.00) payable to the Town of Vail in consecutive annual installments of Two Hundred Sixty-Nine Thousand and 00/100s dollars ($269,000.00) plus interest at the rate of 8% per annum on the unpaid balance beginning one year from date of closing. The Mays shall have the right to prepay this note in any amount at any time without penalty. Said note shall be secured by a first deed of trust on the May property. The note amount and the annual payments will be adjusted proportionally at closing to reflect any changes in purchase price as set forth in subparagraph d., below. . d. A portion of the above stated Total Payment being paid by the Mays, includes those funds unpaid by the owners of Lot 5, Vail Village 10th Filing (said lot is also known as 975 Fairway Drive). In the event that the town of Vail should receive any funds from said owners from the sale of Lot 5, Block 1, as identified and depicted on Exhibit A, within 10 years of date of closing of this transaction, the Town of Vail will promptly pay said funds in full to the Mays without interest. 3. The Town Council hereby vacates that portion of Ptarmigan Road containing 0.013 acres which land will be conveyed to Kay Parker Cannan and Darrold A. Cannan, Jr. as this portion of road right-of-way contains improvements thereon, is not necessary for Ptarmigan Road, and will continue to be subject to an eight foot maintenance easement. 4. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title from the Town of Vail to adjoining property owners. 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 7. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. - d' t 8. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19`' day of October, 1999, and a public hearing shall be held on this Ordinance on the 2nd day of November, 1999, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of November, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk cAorinance99.31 RESOLUTION NO. 15 SERIES OF 1999 A RESOLUTION APPROVING AND ADOPTING THE TOWN OF VAIL/EAGLE COUNTY INTERGOVERNMENTAL AGREEMENT TO DEVELOP A SIXTEEN ACRE AFFORDABLE HOUSING PROJECT LOCATED ON THE BERRY CREEK 5TH PROPERTY. WHEREAS, the Town of Vail and Eagle County wish to be equal partners in the development of affordable housing located on the Berry Creek 5'. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves and directs to the Town Manager to execute the Town of Vail/Eagle County Intergovernmental Agreement to Develop a Sixteen Acre Affordable Housing Project Located on the Berry Creek 5u' Property, as attached hereto as Exhibit A. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of November, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk CARESOLU99.15 i . • r INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement") is made and entered into thikay of October, 1999, between EAGLE COUNTY (the "County") and TOWN OF VAIL, COLORADO ("Town"), collectively referred to as ("Parties"). WHEREAS, the County is the coordinating entity and developer of an affordable housing project located on the Berry Creek 5' Filing to be used primarily for the benefit of employees in the Eagle County region ("Project"); and WHEREAS, the Town wishes to participate in the Project, and is willing to pay fifty percent (50%) of the development cost of the Project; and WHEREAS, the Town believes the development would benefit by the County insuring the housing may be developed in a timely manner; and WHEREAS, the County and Town have both determined that the provision of housing for the benefit of local employees is an appropriate, necessary and valid public purpose. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, Parties agree as follows: 1. Contribution of Property. a. The County shall provide what has been previously identified as Parcel 2, as described in the IGA entered into with the Eagle County Recreation Authority and the RE50J School District, for development of the employee housing project. 2. The Project. The Town and the County shall work together to design the Project to be located on Parcel 2, and to determine whether the units shall be for sale units, rental units or some combination of for sale and rental units. The Town and the County shall likewise in cooperation select the appropriate means for financing, construction, marketing, and management of the Project. The Town and the County shall each be entitled to designate the rules for the sale or rental of fifty percent (50%) of the units. These rules shall be consistent with the agreed financing and marketing plans. 3. Joint Participation of the Affordable Housing Effort. Each party is a co-applicant in the development of the land. a.. As co-applicants, each party shall co-sign the Eagle County applications for development review. The County shall serve as the lead agency. b. Upon approval of the Project and prior to the issuance of building permits, the County and Town shall provide construction financing for the Project or shall make interim cash contributions to cover construction costs or shall make other provisions for the construction financing, such as requiring the developer to provide it. The funds shall cover all construction costs and shall be provided by each party on an equal basis. Costs associated with the construction phase shall include, but not be limited to, permit and tap fees, excavation, building materials, site work, landscaping, change orders, labor, etc. Nothing in this Agreement shall be construed to create a multiple fiscal year obligation, and all financial commitments contained herein shall be subject to annual appropriation. IN WITNESS WHEREOF, Parties have caused this Agreement to be executed as of the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: J ` BOARD OF COUNTY COMMISSIONERS E-. By: Clerk to the Bo Ad of Johnnette Phillips County Commissioners Chairman i TOWN OF VAIL By: Town Manager ATTEST: Town Clerk STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Intergovernmental Agreement was acknowledged before me this _ day of October, 1999, by , as Town Manager of the town of Vail, Colorado. Witness my hand and official seal. My commission expires Notary Public nlr\c\ber y.iga TOWN OF VAIL Office of the Town Manager • • , CHAMPIONSHIPS 75 South Frontage Road 999 NAI Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 MEMORANDUM TM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: October 28, 1999 SUBJECT: Town Manager's Report Winter Bus Service We continue to recruit bus drivers- for the winter season, including the Australians recruited in our recent trip. We are four drivers short for a complete winter schedule. Unfortunately the INS has introduced some new hoops into our visa process and we may or may not be able to utilize the services of these Australians. If the Australians are delayed or drop out we will be seventeen drivers short. Because of driver shortages we are contemplating initiating winter bus service December 6"', or depending on the weather, December 13"'. We will boost up service over Thanksgiving and peak times in East and West Vail to accommodate early season guests. Category III Timber Hauling As discussed last week we are attempting to contact USEPA to express our concerns regarding their proposed order. Attached to this memorandum is a letter from the Mayor to the Director of Regional 8 of USEPA. I will keep you advised as this issue progresses. UPCOMING MEETINGS 11/9/99 WS PEC/DRB review TC Organizational Meeting 11/16/99 WS VVI site visit discussion of December TC meeting schedule discussion of Model Traffic Code discussion of on-street parking discussion of Noise ord. RECYCLED PAPER 11/16/99 TC Wayfinding presentation and discussion Discussion of VVI proposal I" read Ord. , re: building code amendments r 11 TOWN OF VAIL 75 South Frontage Road Office of the Mayor Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 October 28, 1999 William Yellowtail Director, Region 8 United States Environmental Protection Agency 999 18" Street, Suite 500 Denver, CO 80202-2466 Re: Vail Resorts Wetlands Issue Dear Mr. Yellowtail: It has come to our attention, though the local media, that the USEPA intends to force Vail Resorts to remove the timber from the Category III area down the front side of Vail Mountain and through the Town of Vail. I also want to advise you that the Town of Vail is strongly opposed to this proposal. Not only will this activity unduly disrupt residential neighborhoods, it will cause undue and unnecessary wear and tear on the town streets and bridges Because we have not been consulted or received any communication from your agency, I am writing to inquire as to whether this newspaper storyis true. If this proposal is being considered, we will be filing the formal documentation to stop this irrational requirement. This issue appears to be an old fashion bureaucratic conflict between two federal agencies. Thank you for your consideration of this matter. I look forward to hearing from you. Sincerely, TOWN OF VAIL Robert E. Ford Mayor P RWM/aw xc: Vail Town Council The Honorable Ben Nighthorse Campbell The Honorable Wayne Allard The Honorable Scott McInnis i i I u ~y TOWN OF PAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE October 27, 1999 Contact: Mike Vaughan, 479-2462 Vail Fire Prevention Officer Change Your Clocks, Change Your Batteries... MAKE SMOKE DETECTOR SAFETY A PART OF YOUR SEASONAL ROUTINE (Vail)--With the changing of the seasons and the clocks turning back an hour this Sunday (10-31), why not consider other changes, too. Specifically, the Vail Fire Department is joining other departments across the country in encouraging residents to make a habit of changing the batteries in their smoke detectors during the transition between daylight-saving time and standard time. The following are some frequently asked questions about smoke detectors, with responses provided by Vail Fire Prevention Officer Mike Vaughan: Q. HOW OFTEN SHOULD I CHANGE MY BATTERIES? A. As mentioned above, the Vail Fire Department would recommend that when you change your clocks, change the batteries in your smoke detectors, too. Remember, that even if you have the type of detectors on a 110 circuit, the system may still have a battery backup. These batteries should also be changed. Q. HOW EFFECTIVE ARE SMOKE DETECTORS? A. As home smoke detector use has increased, residential fire deaths have decreased steadily. National Fire Protection Agency (NFPA) reports show that people have a nearly 50% chance of surviving a fire in their home when they have the recommended number of operable smoke detectors. Q. HOW MANY SMOKE DETECTORS DO I NEED? A. The NFPA and the Vail Fire Department recommend you have one operable smoke detector in each bedroom; one outside in the hallway; and at least one on each level of living area in you residence. Q. WHY DO ALL MY DETECTORS SOUND WHEN ONLY ONE IS ACTIVATED? A. In homes that were built after 1994, smoke detectors were required to be installed by the builder. These detectors are commonly wired in tandem on a 110 circuit, with battery backup. When smoke detectors are wired in tandem, if one detector is activated, then all will sound a distinct signal. The reason for this is to alert occupants in other parts of the residence. (more) i#* RECYCLEDPAPER Add 1/Smoke Detector Safety Q. WHEN SHOULD I REPLACE MY SMOKE DETECTORS? A. Smoke detectors that are 10 years old are near the end of their service life. A smoke detector constantly monitors the air 24 hours a day. At the end of 10 years, it has gone through more that 3.5 million monitoring cycles. After this much use, the detector may become less reliable and subject to transmitting false alarms. Replacement may be warranted. Q. HOW AND WHEN SHOULD I CLEAN MY SMOKE DETECTORS? A. Cleaning your detectors is easy. Pull your detector down and use either a vacuum or compressed air cleaner to clean it. This will keep the openings to the sensing chamber free of dust and residue from cooking vapors and insects. This will also greatly reduce the chance of a false alarm. If you have additional questions regarding smoke detectors, or any safety related issues, please call Mike Vaughan, Vail fire prevention officer, at 479-2462. FROM THE OFFICE OF THE SHERIFF:_-4-.-;w- Eagle County, Colorado FOR IMMEDIATE RELEASE \ _ \ October 27, 1999 Contact: _ 'Jeff Fedrizzi, (970) 328-8538 Eagle County Emergency Management Coordinator " EAGLE COUNTY LAUNCHES Y2K COMMUNITY READINESS CONVERSATIONS- (Eagle)--An information exchange about ,Y2K,readiness will be held during seven-community meetings througfio.ufthe county beginning Nov. 3. Sponsored by the Eagle .County Emergency _ Management Office, the community conversations will bring together representatives from key service in Eagle County, including electric„,gas,,water, and telephorte,'es well as - _ providers, emergency,services.agencies= The panel members will`dlscuss the status of each comm'unity's J. y -iYH - - preparatloris for.the_centurydate`change.as well as additlanal:work to be done. They'll also - address questions and concemsfrom. the public. The meetings are fret and aye scheduled as follows: Meeting Hos# iLocation Date . " i Time ' Town of ragW Eagle. Town Hall Nov. 3 6:30 to 9 pm - Town'of Basalt Basalt High School Nov:. 4~ 6 ,30 to 9 pm f ~ Town of Vail [ Vail I?ubllcLibrary Nov. 8 < < \6:30 to 9 pm ~ ~ ~ Communlty Room F x - Edwards Berr Creek Nov. 11 6:30 to pm ' . Middle School Town of Avon ' Avon Public Library Nov: .15 6:30 to Town of Mintum Minturn. Middle School` Nov. 18 6:30 to,.9.-pm Town of Gypsum Gypsum Town Hall Nov. 22 _ 6':30 ta,9 pm _ Although •contingency plans "call for the use of temporary- shelters at Eagle Valley High School in Gypsum and Battle Mountain High School in Eagle-Vail, officials are advising.residents'to' be l_- "self prepared" in the case of power outages or. other inconveniences during the transition,to 'tf e' new year. For those who choose to plan ahead, officials. suggest a 72-hour suppfy,6f food and water for self sufficiency.. The'community conversations will include a,discussion of self-preparedness tips as-well as distribution of.a `Y2K preparedness pamphlet.:" Y 'j ! For more. information, contact Jeff Fedrizzi; Eagle'County Emergency Management'-,:,.',<`:, Coordinator, at (970) 328-8538,.or any of they municipalities listed above. r A.J. Johnson, Sheriff hit "i- P.O. Box 359 Eagle County, Colorado. 8 1631 970/328-8500 . MEMORANDUM October 26, 1999 To: Vail Town Council Bob McLaurin Pam Brandmeyer Steve Thompson From: Sally Lorton Re: September sales tax collections Attached please find the latest sales tax worksheet. I estimate I'll collect another $55,000.00 in September sales tax to bring September collections to $785,218.00. If so, we will be up $24,305.00 or 3.19% from budget and up 49,610.00 or 6.74% from September 1998. Year to date collections would total $11,476,251.00 and we would be down $720,120.00 or 5.90% from budget and down $311,174.00 or 2.64% from 1998. So far for the summer season (May - September) we are down $19,591.00 or .48% using the estimated collection for September. September Events Included 1998 1999 23r Annual Labor Day Softball 24` Annual Labor Day Softball Tournament Tournament Ever old l OK Vail Trail Run I OK Fourth Annual Vail Jazz Party Fifth Annual Vail Jazz Party Jammin Jazz on the Lawn in Lionshead Jammin Jazz on the Lawn in Lionshead Jimmie Heuga's Toyota Mountain Bike WestFest Express Pro-Am Finals. Kid's Fl Fishing Weekend Festival Lyndon Ellefson 5K Run Lyndon Ellefson 5K Run Oktoberfest Oktoberfest Rubber Duck Race Vail's Annual Rubber Duck Race The Budli ht Mountain Bike Challenge The Budli ht Mountain Bike Challenge Town of Vail Sales Tax Worksheet 10/26/99 % Change % Change 1999 Budget from from Month 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Budget Collections Variance 1998 Budget January 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,359 2,188,943 2,065,875 (123,068) -2.34% -5.62% February 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,121 2,228,041 2,020,812 (207,229) -6.14% -9.30% March 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,077 2,450,164 2,413,590 (36,574) 1.92% -1.49% April 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 1,107,334 1,145,861 952,031 (193,830) -14.02% -16.92% May 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 382,718 396,027 370,213 (25,814) -3.27% -6.52% June 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 633,400 655,430 692,140 36,710 9.27% 5.60% July 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,107,882 1,146,156 1,129,040 (17,116) 1.91% -1.49% August 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,183,926 1,224,834 1,047,332 (177,502) -11.54% -14.49% September 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 735,608 760,913 730,218 (30,695) -0.73% -4.03% y> 'x; Total 6,531,185 7,929,906 8,336,944 8,829,623 8,891,939 9,466,959 10,011,262 9,962,970 10,635,676 11,312,708 11,787,425 12,196,371 11,421,251 -775,120 -3.11% -6.36% -777 a=r . F' C 77 October 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 515,531 532,652 November 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 656,596 678,336 December 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,834 2,132,272 , < Total 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,030,386 15,539,629 11,421,251 AROSA-GARMISCH GROUND BREAKING October 26, 1999 FACTS & MILESTONES Location The Arosa-Garmisch property is located at the intersection of Arosa Drive and Garmisch in West Vail. This property also has been described as the "town manager's lots" because of its location east of the town-owned property that houses the town manager and his family. Acquisition The Arosa-Garmisch property was obtained during two transactions. First, in 1990, 1.19 acres were purchased by the Town of Vail for $218,000 from two property owners (each seller owned two lots). Funding for the acquisition of lots 1, 2, 3 and 4 came from the Real Estate Transfer Tax (RETT). The RETT fund was subsequently reimbursed for 80 percent of the purchase from the Town's general fund. At the time, the lots were zoned primary/secondary which would have permitted development of 8 residential units. The purpose for acquiring the lots, according to minutes of the Town Council meeting, was for parks, open space and employee housing. In 1997, the Town of Vail acquired a 2-acre parcel adjacent to the 4 lots during a land exchange with the U.S. Forest Service. This parcel was included in the exchange for the purpose of housing and development of a park. Public meetings were held in 1996 to receive input from the public on the exchange. Common Ground In June 1998 and again in September 1998, the Arosa-Garmisch site was approved by the Vail Town Council as one of 11 affordable housing developments and 4 new park sites to be developed by the community as a result of the Common Ground citizen involvement process. Today's ground breaking represents the first of the Common Ground actions to be implemented. Community Needs The neighborhood park and adjacent housing development on the site address two pressing needs within the community: 1) the Arosa-Garmisch site has been discussed as a viable site for affordable housing by the now-defunct Vail Housing Authority and the Vail Town Council since 1990; and 2) the 1998 Town of Vail community survey identified the West Vail and Matterhorn neighborhoods showing the greatest need for a neighborhood park. Neighborhood Planning In April, 1999, the land exchange property was annexed into the town's boundaries and zoned Outdoor Recreation. Also in April, the Town Council rezoned the primary/secondary lots to Residential Cluster, which would have permitted development of up to 7 residential units. During the spring and summer of 1999, the Vail Town Council honored its commitment to work closely with the neighborhood in design of the park and housing elements. For example, much of the park's sloped hillside will remain undisturbed while housing density was reduced from 8 units to 6 units. Specifically, the park and housing components include: • an open play area of turf grass, playground areas for preschool and school age children, a picnic pavilion, off-street parking and native and ornamental landscaping. This land is in the process of receiving the most restrictive open space designation possible to preserve it in perpetuity unless voters choose to overturn the restricted land use in the future. When it opens, the park will be named Ellefson Park. • 6 for-sale housing units (5, 2-bedroom, 1, 3-bedroom) with estimated sales prices ranging from $168,000 to $190,000. All units will be deed restricted, which requires owner-occupancy, plus a resale cap of 3% annual appreciation. The units will be awarded to qualified buyers during a lottery scheduled for Jan. 13, 2000. The contractor for the $1.5 million Arosa-Garmisch project is Tom Stevens of the Stevens Group, based in Carbondale. Construction is planned to be completed by late summer 2000. Stevens recently completed construction of the 18-unit Red Sandstone Creek development, a joint project between the town and the Eagle River Water and Sanitation District. Prepared by the Town of Vail Community Information Office 10/26/99 Thursday; October 21, 1999 Demicer won9t hurt umans Study: Magnesium chloride, used to thaw i roads, ars safe By Nancy Lofholm Denver Post Westem Slope Bureau GRAND JUNCTION =Aspen environmental director Lee <Cassen said she hasn't seen the results State health researchers have con- 11. of the study; but she knows it doesn't cluded that the road de-icer magnesium ference with the different de-icing ap- address one of her main concerns. chloride does not pose a threat to hu. plications," Silverstein said. . "Our question was `is there some. man health. The Health Department initiated a thing better than mag chloride?' This The preliminary results of a nine- study of the controversial and widely study didn't look at that," Cassen said. month study by the Colorado Depart- used de-icer in February in response to Silverstein said he is satisfied that ment of Health and Environment show . a handful of health complaints from in- the Health Department's study has gen- that magnesium chloride appears to be dividuals in the Roaring Fork Valley, erally ruled out health problems from safe even though its use on icy roads Vail and Denver. magnesium chloride, except in possible does coincide with slightly elevated air At that time, the Colorado Depart- rare individual allergic reactions. levels of five naturally occurring chem. ment of Transportation had released He said even though the department icals that can be toxic at high levels. preliminary results of a three-year didn't have the resources or time to Those chemicals - arsenic, cadmi- study on the effects of magnesium chlo- look at a huge number of samples, the um, barium, chromium and manganese ride on water gdality, aquatic life and criteria researchers used was conserva- - also showed up in air monitors when vegetation. That study found that the tive. roads were treated with traditional salt de-icer did not cause any significant The study measured the levels of 44 and sand mixtures. harmful effects. chemicals on days when magnesium The results were released Wednesday But that study did not allay fears, chloride or salt and sand was applied to to the state Board of Health. particularly in the Roaring Fork Val- streets. The researchers based their da- Mike Silverstein, with the Health De- ley, where several towns have asked the to on the assumption that what ,they partment's air pollution control divi- Transportation Department not to found in the air monitors came from sion, said researchers will need to do spray magnesium chloride on highways the de-icers. . more studies to find the source of those in their towns and have opted to use al- They measured the levels.of.chemi- chemicals. ternative de-icers on their own streets. Gals based on a 24-hour exposure, a They are found naturally in the water Silverstein said this study probably lengthier exposure than most humans of the Great Salt Lake, which is the won't calm those fears either, even would experience. source of magnesium chloride. The though one of the air monitors in the The highway department plans to ex- chemicals are also present in dirt and Health Department's study was located pand its use of magnesium chloride on gravel and in vehicle emissions. in Aspen. the state's roads to 5 million gallons "The numbers don't suggest a health The others were, in Pagosa Springs this winter. Last year, the department risk, and there doesn't seem to be a dif- and Denver. used 4.8 million gallons. u ~y TOWN OF PAIL 75 South Frontage Road VW4 Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE October 28, 1999 Contact: Todd Oppenheimer, 479-2161 TOV Parks Superintendent FORD PARK PLAYGROUND RENOVATION UNDERWAY (Vail)-A facelift is underway at the Ford Park playground. Beginning today (10-28), the park will be closed and security fencing will be installed in preparation for the improvements. Also today, several slides, climbers and-three play structures will be removed by volunteers from the Town of Red Cliff. The equipment will be refurbished and installed next spring in Red Cliffs community park. Town of Vail Parks Superintendent Todd Oppenheimer says the equipment being donated to Red Cliff is being removed to make room for more up-to-date pieces that will be used by a wider range of children and as part of the town's effort to make the Ford Paris playground a memorable place. On Friday (10-28), the Town of Vail's contractor, Site Resource Management of Eagle, will begin construction of a concrete climbing wall and other site work at the playground until weather forces crews to stop for the winter. The work will resume next spring when crews complete installation of the climbing wall as well as new playground structures. The project also will include installation of two carved stone ptarmigan climbers by artist Robert Tully. The budget for the project is $250,000 with all work scheduled for completion by next July. Many of the concepts for the renovation were suggested by local children who took part in a hands-on planning process earlier in the year. - For more information, contact Oppenheimer at 479-2161. RECYCLEDPAPER i NOV. 1. 1999 3:45PM NO. 8338 . P. 112 r NEWsRELEASE ~ ~~19 11 TM FOR IMMEDIATE RELEASE Media Contacts: Kelly Ladyga, (970) 845-5292, k .a a ailres corn Kristin Yantis, (970) 479-3001, k vailreso com _U.S. OLYMPIC COMMITTEE HONORS BEAV EREE)K'S JOHN GARNSEY WITH ACHIEVEMENT AWARD BEAVER CREEK, Colo., NOV. 1,1999-The Unites t States Olympic Committee (USOC) has recently honored four individuals, incluw ling Beaver Creek's Chief Operating Officer John Garnsey, with its prestigious President':, Award. The President's Award recognizes people who have : pent a significant portion of their lives serving or working for the USOC or within the J.S. Olympic Movement either as a volunteer or as a USOC staff member. "John has dedicated a considerable amount of time at id effort on the board of the USOC, raising much-needed funds and developing strong programs for U3. athletes. We're proud of his accomplishments on behalf of the USOC and for his many efforts to help develop the talents of current and future ski and snow board competitors in the Vail Valley," said Andy Daly, president of Vail Resorts. Prior to becoming COO of Beaver Creek this past ME y, Garnsey served as president of the Vail Valley Foundation from 1991-99 and as exec ative vice president from 1983-91. During his tenure with the Foundation, Garnsey was i astrumental in securing and organizing the 1999 World Alpine Ski Championships at Vail and Beaver Creek and had served as executive vice president of the 1989 World Alpine Ski Championships- He also spent six years at Vail Associates as director of racing for Vail and Beaver Creek, -more- Post Office Box 7 ? Vail, Colorado 81658 + 137 Benchmark Road 4 Avon. Co 81620 VA, L R E s o R TS- NOV. 1.1999 3:45PM NO. 8338 P. 2/2 USOC AWARD Nov. 1, 1999 2-2-2 overseeing all recreational, professional, Internations 1 Ski Federation (FIS) and U.S. Ski Association events. Gamsey began his career in 1973 as president and owner of Campton Mountain Service Company, a resort mana dement company that he created at the Waterville Valley ski area in New Hampshire, Garnsey serves on numerous other boards for organi,:ations such as the Vail Valley Music Festival, the Vail Valley Tourism and Convention Bureau, Ski Club Vail and the Vail Valley Medical Center. He remains active in alpine skiing competition as a technical delegate for the FIS and regularly attends F IS meetings to represent the Vail Valley. Garnsey is a business graduate of the Univer city of New Hampshire in Plymouth. This year's other President's Award recipients include Gayle Bodin Petty, USOC staff member; DeeDee Corradini, mayor of Salt Lake City, and Rod Hernley, former member of the U.S. Disabled Ski Team. NOV7,1-99 MON 12:03 000000000000000000000000 9709494385 P.01 The CHKMB R • ' 4f Commerce i 1 ' DA IMMEDIATE RELEASE j ; Contact; Robin Zeigler, (970) 949-5139 ' Pbgtographs: Available from The Chamber of commerce. ; ' -Flash Cadillac Contact: Scott O'Malley'& Associjtes,•(719),635-7776. AVON VALLIKYWIDE CHAMBER HOSTS COMMUNITY CEL~HRATION ; ` ARROWHEAD ' J AVON,, CO)..:Noveniber 1,1099... The Chamber of Comtinerce, serving the Vail Valley, is hotting a community-wide, dvinjer kick-off party on Friday Degember'3d at, BEAVER CREEK Dobson lee Arelr a from 7.11 p.m. ~ j ` Tlle Chamber itlyited everyone, business owners, regidecits and their guests, to attend COROILLE" the PRIG event featuring the great tunes, of Flash Cadillac. There will be a cash bar aiW food. .r ~ Flash Cadillac bqs carved an unusual niche by performing good-time rock `n roll with, sAGLB-vAn, a no-hplds-bared act, which includes piano surfing, headstands, acrobatic feats and a few aerobic•mmes. *Aor Aiig Stone Magdzine says that Flash Cadillac is the best rock ` and roll stage act they've ever seed, - in.cludiing :rho Dolling Stones. Christpp~er EDWAFM ' ' Wilkins, Musio Director of the San Agtpnio Symphon'y says, `Vur hats and tailcoats are oil` lu aalutq to Flash Cadillac, one of the gi~atest rock `n roU bands in history;" From their co-stariting role in the legei dary film "American Grailliti" to sold-out symphony halls, )Flash Cadillac takes yeprs of experience and 'providcs more fim -than should be had. VA>L i Bgng your family, friends and co-workers and join us for this commu>0tY mixer. i Remember, admission is free and there will be a'cash by and food vendors. i I ' S ecial s, to Antler' wOLCQ P thank sat Vail, Coors, I~irstBa111c of Avon, Lodge dower, lova • Quides, Prudential Gore Lange Properties, Slifer, Smith & H'ampto'n, Vai! Dally, Vail kesbrts and'West$tar Bank for ma) kis this event possible. For more inforniiation p1p4se cal (970)'949-5189. ! Pw 0"xz Box 1437 AVON, COLD Ano 81610 (970) 949.5189 • FAx (970) 949-4385 E-Maio chamber®vail,net • htip, //www.Vai1,net/chamber ' .y r r rl x[ , 4 It used to be Vcil's revenues grew Our competition was but very few Y r Now .times are tough We cant count on that stuff x `1` So vote yes on 1&2 ,i' 1 &2 for ;Vail's_Local Marketing On November 2nd, Vote Yes on Questions patd"for.b"tr'ri "nthl"'``.~ a I~ VaiL TEL, , . r _ ,;isj 1.2siioJ~aH~~~~ps ~ into wetlands 0000000000 fray 0004 Page 1 of 2 Sen. Allard jumps into wetlands fray A'C 7`r_~ EPA calls decision 'non-negotiable, By Elizabeth Mattern Daily Staff Writer VAIL -Furious over a federal feet of decision that could force trucks carrying 6 million board feet o timber through hiking and biking territory - and into the posh Vail Village - U.S. Sen. Wayne Allard sent a harshly worded letter to the U.S. Environmental Protection Agency Thursday. "1 think the EPA made a very serious misjudgment on the impact of their decision," Allard, R-Colo., told the Vail Daily. "It's something that probably would not have happened if they had talked to the citizens." Friday, the EPA ordered Vail Resorts to permanently halt timber-hauling traffic on a spur of Lime Creek Road that workers illegally built down the back side of the mountain last fall, during Blue Sky Basin construction. The road runs through 0.7 acres of wetlands, a violation of the Clean Water Act. Following a summer's worth of tree-cutting, 200 truckloads of lumber are piled near the newly cleared Blue Sky Basin ski runs. Tree-cutting isn't expected to be complete for at least a year. The U.S. Forest Service must now review all timber-hauling routes, including those that lead down the face of Vail. Mountain into the Town of Vail, before Vail Resorts can begun removing logs from its expansion area again next summer. The Forest Service will open that decision-waking process for public comment, but the EPA did not. Officials from both federal agencies and the ski company say there aren't many alternatives to the front-side route. Re-routing the back road would be difficult or impossible because of other wetlands, according to Carol Rushin of the EPA. Air-lifting the timber would be "hugely expensive," and bunting the logs would be wasteful pollution, said Vail Resorts spokesman Porter Wharton III. "When I first heard they were forcing 1,500 trucks to go through the middle of Vail and didn't even bother to meet with the citizens of that area, I thought it was outrageous," Allard said. "A community like that has a lot of people on mountain bikes and walking, and you're trying to reduce the number of cars you have. I think it's a safety hazard." Jody Ostendorf, an EPA spokeswoman, said Diane Sipe of the agency planned to call a Vail official Thursday night to set up a meeting, but that "the administrative order to close the road is not negotiable at this point." The senator sent his letter after receiving calls of concern from Mayor Rob Ford and other members of the Vail Town Council. Allard did not, he said, receive pressure from the resort company. Local environmental activist Jonathan Stau£er said he fails to see "what all the fuss is about." "The EPA is enforcing the law, and they are to be commended for doing so," he said. The town should be happy that someone is looking out for their backyard." Vail Resorts officials asked the EPA for an after-the-fact permit to continue using the haul road until Blue Sky Basin is completed, at which point workers would have tried to restore the damaged wetlands. In last week's federal order, that request was denied. "In order for the wetlands to be saved, the mad must be shut immediately," Ostendorf said. "It's not a matter of public comment. It's a matter of fulfilling our mandate to protect the country's waterways." But Mayor Ford - calling the EPA's decision-makers "arrogant" for not returning his phone calls - said noisy, dusty trucks coming down the face of Vail Mountain into town "would be offensive to the people and would create environmental problems of its own." He's worried, in part, about bikers who will be racing on Vail Mountain during the 2001 http://www.vail.daily.com/ln/new2_l02999.htm1 10/29/99 .29/10 '99 FRI 08:25 FAX 0000000000 0005 Sen. Allard jumps into wetlands fray Page 2 of 2 World Mountaiu Bike Championships, he said. "We'd be putting mountain bikers from all over the world on roads with logging trucks," Ford said. "I think what happened is you've got a federal bureaucracy that is totally out of control and is throwing their weight around," he said. "The (wetlands) mistake is made," he said, "so why not just go ahead and use the road and then revegetate it? To force the trucks into the Town of Vail is ludicrous." Back To Front httP://Www.vaildailY.com/Wnew2-l02999.htnil 10/29/99 29/10''99 FRI 08:24 FAX 0000000000 0 001 Ycl iC WAYNE ALLAIR r D Unit ed States Senator State o f Colorado „ 513 SENA'T'E START BUILDING, WAS.1INGTON, D.C., 20510 PHONE: (202) 224-5941 FAX: (202) 224-6471 TO: Mr. Rob Ford, Mayor DATE: October 29, FROM: Janice Sinden, Area Representative FAX NUMBER: 970-479-2157 NUMBERS OF PAGES INCLUDING COVER: 3 COMMENTS: Attached is a copy of Senator Allard's letter to EPA and a copy of our press release. If you have any questions or comments, please contact me directly at 303-220-7414. Also, please keep me informed of any developments, and I will do the same. Have a nice weekend... 29/10 499 FRI 08:24 FAX 0000000000 0 002 MORAOo ARMED SERVICES 144" SENATE - BUODINO. SUITE 613 BANKING, HOUSING, AND PHOWE (202 22424-5 5947 F- a(702) SI021224-6071 URBAN AFFAJRS SELECT COMMITTEE ON zlnitw ostatfs ~fnatt INTELLIGENCE WASHINGTON, DC 20510-0606 October 28, 1999 Mr. William Yellowtail Region VIII Administrator Environmental Protection Agency 9991816 Street Denver, Colorado 80202 Dear Mr. Yellowtail, It has been brought to my attention that the Vail Town Council's efforts to contact your office about a possible meeting to discuss the Environmental Protection Agency's plan to force 1,500 logging trucks through the center of Vail have been unanswered, I find it extremely troubling that once again that EPA Region VM refuses to acknowledge a community's request for a meeting. I would encourage you to immediately schedule a meeting with the Mayor of Vail and members of the Town Council to discuss the EPA's plan. The EPA has a responsibility, as a federal agency, to consult with communities about their decisions. This is especially true when the EPA's decision could potentially force 1,500 logging trucks through Vail Village. Please let me know as soon as possible about your efforts to schedule a meeting with Vail officials. The residents of Vail deserve an answer. Sincerely, /rcAG G2~~~ t~Vayne Allard United States Senate 7140 EW CANEY 3400 1BTM STREET 22B NOAin CAK;AOE AVENUE 411 TNATmEn BLDG. 215 FEDERAL BLD(L SURE 215 SUITE 30 SUITE 106 6TH AN0 MAIN STREET ENGLEW000. CO 88111 GREELEI, CO 80831 COLORADO SPRINGS, CO 81)903 400 Raw AVENUE cylow. PHONE 903-220-7410 PUE6L0, CO 81003 GwNo J : 970-2 CO 9150 PnoNE: 970-351-7682 PMONEi 719-034-0071 PNDNQ: 718-b46-8761 1 Fm: 303-220'8120 FAX: 970.351-7585 FAY: 719-$32590 45-9563 FAX: 719-545-3B32 FAX: 97x2Ax: 970-745529 29/10'199 FRI 08:25 FAX 0000000000 0 003 Wayne All ard i -UM For Release: Thursday, October 28, 1999 Contact: Sean Conway (202) 224-6207 Brooke Morton (202) 2245946 ALLARD ASKS EPA TO MEET WITH VAIL CITIZENS AND ELECTED OFFICIALS OVER LOGGING ISSUE SAYS EPA's REFUSAL TO MEET COMMUNITY IS "OUTRAGEOUS,, Washington, D.C. U.S. Senator Wayne Allard (R-CO) today sent a strongly worded letter to Environmental Protection Agency (EPA) Region VIII Director William Yellowtail asking that he immediately schedule a meeting with. Vail elected officials and citizens to consult with them over an EPA's plan that could result in 1500 logging trucks being forced to travel through the center of the Vail Village. The letter came after the Mayor of Vail contacted Allard's office earlier this week asking for his assistance in the matter. "The attitude the EPA has exhibited toward the citizens of Vail on this issue is outrageous!" Allard said. "The EPA has never bothered to consult with the community on this issue, and even worse EPA has said they do not have to even talk with the elected officials and citizens of Vail about this issue." Allard, who has fought for release of EPA documents dealing with the Shattuck Superfund site for citizens in the Overland Park Community in Denver over the last year, said that EPA's attitude toward Vail's citizens is similar to what he experienced in the Shattuck case- "The most disturbing aspect of this issue is EPA's arrogance towards the very citizens who pay their salaries," added Allard. "To simply put in place a plan, and then tell the very people who will be impacted by that plan their opinion does not count is unacceptable. I am going to demand that EPA officials meet with the community to discuss what other options might be available to residents of Vail" In his letter to EPA Administrator Yellowtail, Allard asked that the EPA "immediately schedule a meeting with the Mayor of /ail and members of the Town Council to discuss EPA's action." W GC UG I E N R RESOURCE _ o g er ; " ` . :COLItCl4 CF GOYERNMS° i~ t . •r' ^.ire Es>:,,::}:L•' j;r:q,: C:;?:.. , Winner 'of a,1998 Governor's Stuart < • >::;r . . Growth- a nd;Develop#nent Awasd In-this workshoPvve w>71,exPlore.tlle' w ,a p -rtv 4 "w q il r development review pr<icess itself. W" a Does yokr current process°ivork? ` 4 x y A • How do.you'knowwhen,it is riot.. " - - . , Vor ing? r x > - • s itworkuYg for everyyone Wh needs to * c j ~G 7Lt L', e 1~4?Y 1 be *olveds s o ¢ ¢ r { • Citizens Developers ; . < Plaming•Conu iss'idn Members a.a Elected Officials-,. rovine .9 a Planning -Staff i 3 Row do ciu .a~boutreyiewingyQiir DeVelU meat j . code and deterrn"g what to'change? " co 'Howe"-complete"does. thegplicaton_, Co o view package.: reed °to ' 3e bet"ore` it. i5 inclosed 6 L- ' on the agenda? .How can yt a incorporate more public I ~ r- > P r0 C S S 1 involvement into the public meering -.We will be 4iseus°sing all of these issues a# d more.-Please come prep red to share your owri exp~riences related to this topic, We co ' want-to hear ahout the'newIdeas you are e$perirnenting with, -the ones ~ou wish you c c Fri day, November 19th', .1999 ` m hadn'texPerirrier~ted with, and, of course, the,thulbs y 4 ou ave tried that~haue turned °a v The 1VI nor Vail Lod e out to be true 5iinp6vedients" g E`a . Vail`V 11y-Drive, a 0 1 595 Fria ~TM~z AGENDA . FN A T RGITl'TON 4. $ INFORo~v :Fob a,.. ;j _ a - s g' x,~ p e ~ `.'~X ~ ~ ;,s pie., Re 'stration 'and coffee Re'6strationvMail or fax a completed fOVI the io:oo"' - • °1111 . p ng: , form.to: NWCCOG,Bb 2308, ine and IntroductYOns. S>iverthorne;:C0-80498, , Iev~eloprnent 10.15 V{/elco w r a. FAX:(970) 468 1208: R~VICW.Process' 4.. . b lIake checks'payable fo NUCCQG LL' I Q X10.30. D15ELiSSlon Presentation o Please registerasyNoverriber 10, 1999 j F hone:(970) 468 0295: I p Friday; November 19th,`1999 , « "A Model -for how, --to startz` looking' at.yourprocessf0 Directions:. From I 70, take exit#176, ' • i a The Manor' Vail I:odge enter, into the roundabovt(s);• exit onto j 59~,E: fail Valle. Drive. ntage ; Dining i'ho needs to- be amt? South ; Fro Road 1Jast.. Pass .Vail I Y undtable .Discusszons, -Parking Structure and 't'ransportation Ie• _ _ a Sun ys, R _NI aCdtegoriZatzori, responses; Center on right At the first stop sign` j Prioritzatzon; Implementation~'make'a right turn orito~ Vaal, Palley Drive; I _ a 'fbl.6w road'approximately.''%riiiie S 12:00` Lunch Break Manor Vail,I ridge , (See rnap below) fi i Company%Agency i'-00 4dea Sharing t . - ' R Y G .10p Bahh Quad 41, „ • Come prepared to Shareyour. Ol1yJt «-To Golf worse,Chr±r L lt. Vista Bahn S fi 11lddre~S: p' % o° i reo Shunla aw $to P Pacampler. v ; MaAOr Vail'' VAIL q~ Lodges'' o' 2:,15' Break aerk. VILLAGE _ s •z-, mpbttheatar . ~ero~ro • I - € ••s 2,30. Panel+ ~ ltizeri InVOlVement" From East Vall Trin oortalon a Exuxt80 ROunAbwt canter . Phone Growth p sstsres span cititen interest n r r south Frcnlag6 Road: the'I~evelopmerit 13evie~v PmceJSOSY . Y ° a 70 Exit 0176 j _ .n % to'ke~i tposatave Der~opers,: Community Groups, Faczlatatio; :L1 re.o GIS, teihnplogy Registration Fee;,'Ihe,$40 D0 r"egistrat<oi~ 00 (includes lunch) Re~stratron ;Fee:, $401 " fee includes lunch.' I 4, z qp . w ' t4 I. F 7 •i z 4:00. Aoum ' 4 ' ,K t0 t •+R it.• Qw.• g. a S Y, § ` et I.. ` 6 41 s' s . n•? a at. a " y . ' • Y. ' . , . " ' ~ J w. F° e _ ,j f 7 F : S d~rda" ~otober~30,~t1. ` THE DENVER POST `s b ~pq s SP~ ck4 `fit" ~/j a . 7~ r~ r 7. F T 4e. i ^p ~ ~yn- F~ + :,r! 1 ' t 5T v i G P , A , _00 ' Muflll a . F k ~a,~.Fti1'ia{'t.•'Fs' / •eordersaidI)ian 4i , . oissue th t - lora rt of the EPA. head of:'the water enforceme consider'ed,': sh sub i k`' see this imageoflo g 3 meberaf'Codo W d, one; of " pa tee.,x ,I1 gam" age 1 his mat ¢ ough~the #uush the. envuronmental groupsh"at•;op Even though the U S. Forest Ser- am for the 2egional%LPf •<Y g. t s, ose: the .ski eaP ansioii , r vice will make the decision on the P y razy, Fprd saidN , p t •,,,ti: ` untam enIts lust c ; the EPA ;five > saj~.: } 3 x Y ' ` -on BUUr- in o ` ' '''V the^xoutPcuts through anlp We believethat'te~town; Vail timber haul , route, . p ` c at:,, "We have no o tion bdt , D~tnt rYf utorontO ` s~,, r,r.. • •d -Associates and the,.Farest Service should have considered the iitipact'y to:I>tte~ste0 ~tw~i gaarmile of town.,sai y trnck"traffic m on the. town before the ,issued ;comPNance with the~laws p our , a= tndothis~witti wn`s me is ;dependent ,Tona Sauter, a Vail bus>ness- :can figure out a way, mr a danHwhos`e family owns' property _ minimal" `impact; to localiisi their order, said VuI City Councal; cation,she said . g; . •Be est'~Se ice d a pli icali •,4,, ie said'a`AS fog mismg ;woman Sybill Navas eahon, and°:A ` roads are: nesses;, l re the For s :5 .w`~kwofdd.have been gppSopriate 'ia finaLdecision rt;willb'gath n'disadvantage m,~along the road Andjt . itfimountain..: _ bike , ~ aliQf% il gaveled b y con`: to 'tiiicks , , , I uns , F6id said ' dur~g thew2001';ummer seasau; foi 'pp have included the menu from the publi a d ;=k town in`%this;:type of decision,° she * Mt`aken into consideratio I. • .p ;tn host_the world structton, trucl s carrying. equip g •:for one' ute , in ment.onto th tiiio you; cant tell me:. said"it semis tfiARit's a little' order was issued, Sipe: i championships a.N, rsuchthatVailresortcantholdb g- brie the'issue;r "The fullpublic~proeess ' r • . a8e could .bet Thergcompromises, the wood down. for one week.". highhanded to`not g Rg: trucksCr r ~ , to'theetable' Forest Service is Lh _ eestriptin vrli~n-logging for f. ' g` aa, , gitown leaders are angry, ; • . •s , •r... a low.for, eve one; to' a - tbtF :4 !So WI, ito have :motmtam travel the route; thatcan;be m b ante on,the "TheFEPA had no alternative but 1 ry I all a world here to lessen thejim said Staufervghats#liepsai ls, Y, g Pact, ~.t... y.. - o rut an , ~X~Ilark Eddy s ' r The reso}t inadvertently, but ille lands', said Porter tl~hartonIII, nvpr , Iii Post En7078nf Wrder } gay, t,a timber hauling road . spokesman fpr the comPan s V iI tie specter of more than wetlands gn.the back y3. } k Timber through, a ` 1,0 0 logging truC)ss runibhng sde of t -mountainto remove -Our ,hydrologists told us the TheUS.Forestserncem ttie road could be used without;any aY, regiare Vail L gh sthe town R Vail over, egpansipn additional impact to wetlands" ! tes to haul hmWr through the town of Vas - ' " next--leaders yearsf'ha s oat ~The road-was closed; and last "Wharton' said. ".'We fe16t~iaf F leaders of the loamy re week the $nvironmentaI PrOtec• since, the'' ad was there dat ; . Proposed rDate of soit•village.' tion Agency ordered that steps could' con it be used without any. :'s -a safe r , . ,9 v y.to make ecplogica A that was more : timberhaofio ; ty cern,:and be taken immediatel ;lmpact; ~the fe md>zes our ability to-com `sure runoff'next spring won't. best solution" pe -as a resort town," said Vail furher degrade the k' wetlands : m o• Mayor Rob Ford "We're ` Associates must also"full But the law d wouldn't allow m seven to 101 4e < 33he~ etl ` ' Yhat the EPA said tinging trttGks d > ands neat year r The xiider mast y for years coming grn the fail Assoc}ptes had proposed -POR likely, me iW r t side of our moon that over the'nW three yeai3 i s stabilizing <te road now road to en is the latest sure.nofurtheedama a usm it to 1,400, tnicks!caiying:aro uestorm to engulf Vail Associ to Noel the timber and then teary 20 logs apiece will ,travel doyen Category III ski expansion. mg it out and restoring the wet- Please se > 5 e VAIL on 18A t The Denver Post [Fwd Howard Stem advertisement] X C "."v f I ' Subject: [Fwd: Howard Stern advertisement] VOT 6641 Date: Fri, 29 Oct 1999 09:00:11 -0600 GyLa From: Joel Heath <joel@visitvailvalley.com> To: "Pbrandmeyer" <pbrandmeyer@ci.vail.co.us> (0~-~ y Cb~(.VU~tI~ E{~;d 'f t~l-d I~-~ W[ Subject: Re: Howard Stern advertisement Date: Thu, 28 Oct 1999 02:09:40 EDT From: Mike0507@aol.com To: joel@visitvailvalley.com Dear Joel: Thank you for the kind letter of support. We are still fighting to get Stern off the air. He has never been #1 in the ratings. In fact, he does poorly in the Colorado Arbitron ratings. He does not have enough sponsors to justify keeping him on the air and the Peak radio station has been sold. But yet he remains on the radio during a time when many children are able to listen. However, we are encouraged because almost half of the television stations that have broadcast his Saturday night show have canceled due to poor ratings and an inability to attract sponsors. I tape record the show every day and scan for sponsors. Everybody involved with the effort are volunteers. It might interest you to know that the Vail Resorts Job Fair has also advertised during the Stern show on Sept. 8, 9, \V1'J/i 10, 11, 14, and15. The phone number is 888-SKI-JOB 1. I never contacted them because I wasn't sure anyone in Vail cared. I appreciate your letter. Thank You. Marianne ION 1 10/29/99 1:15 PM Re: Howard Stem advertisement Subject: Re: Howard Stern advertisement Date: Fri, 29 Oct 1999 08:56:31 -0600 From: Joel Heath <joel@visitvailvalley.com> To: "Pam Brandmeyer" <pbrandmeyer@ci.vail.co.us> Vote Yes on 1 & 2 Pam- The ads were placed by Highline on KPKE (The Peak) run of station. Run of station means that the radio station commits to a certain number of spots a day and not specifically at any one time. They did not specifically place ads on the Howard Stern Show or even know the Howard Stern Show was on that station. Let me know if you have any other questions. - Joel Pam Brandmeyer wrote: > Thanks so much for your follow up - did you say something additionally about > how these ads got placed that I might close out w/the Council? Thanks a > lot, Joel! pab > Joel Heath wrote: > > Dear Marianne: > > Your email regarding the Summer Sports Fest advertisement on the Howard > > Stern show just recently crossed my desk. As a volunteer coach at the > > local High School I am very familiar with the Columbine incident. I am > > also aware of Howard Sterns comments about the incident and was upset > > with his remarks as well. I have contacted the Highline Group > > (producers of Summer Sports Fest) to let them know their ad was placed > > during the Howard Stern show. They were unaware of the placement during > > that time slot. Thank you for bringing this to our attention. > >.Best regards, > > Joel W. Heath > > Vice President, Vail Valley Tourism & Convention Bureau 1 of 1 10/29/99 1:13 PM • XC 1999 - 2000 SKI FACTS Merchant Ski Pass Twenty (20) Day Ski Pass (10) Day Ski Pass Value Ski Pass NEW IMPORTANT FACTS Employees that choose a Merchant ski pass are required to attend either a "Sharpening Your Edge" or "Turn It Up" class to ensure that the Town of Vail pays the discounted-price of $599.00 for the pass. Classes are available until January 20, 2000. (See attached list) IF YOU DO NOT A7TF.ND AND/OR PROVIDE A CERTIFICATE TO SHOW PROOF OF ATTENDING, YOU WILL BE CHARGED $250.00, the dii f jference between the Merchant pass at $849.00 and the Merchant pass at $599.00. The Merchant ski pass is a 2 resort (Vail and Beaver Creek) pass; however pass holders can ski at Keystone, Breckenridge and Arapahoe Basin for free January 3 -31, 2000 and Apri12 through . close. Restricted dates apply at Vail on November 26 - 27, 1999 and at both resorts restricted dates include December 26 - 31, 1999. Twenty (20) Day and Ten (10) Day ski passes are a 2 resort (Vail and Beaver Creek) pass. The restricted dates apply at Vail on November 26 - 27, 1999 and at both resorts restricted dazes include December 26 - 31, 1999. Pass holders will be required to present their pass to ticket checkers upon accessing any chair lifts or gondola at all times. Merchant, Twenty (20) Day, and Ten (10) Day pass holders can tie a credit card to their pass for charge privileges that allow them to ski direct to lift at the Colorado Card rate at Keystone resort and Breckenridge. FREE Eagle County/Lake County student pass with the purchase of any parent season pass purchase. One child pass per parent pass. Town of Vail employees can get their passes at any of the Pass Offices. (Beaver Creek, Lionshead, ry Vail Village and Golden Peak) Employees must show a picture I.D.and current pay stub along with their authorization coupon in order to receive their pass. In the event a Merchant pass is lost or stolen, there will be a re-issue fee of $100.00 which must be accompanied by another Merchant Authorization Form ANY MISUSE OF THIS PROGRAM WILL RESULT INTHE LOSS OF ALL MERCHANT PASS PRIVILEGES FOR THE TOWN OF VAIL FOR CURRENT AND FUTURE SKI SEASONS! i Turn It Up! Customer Service/ Sher Safety Training Merchant Pass holders are required to attend either a "Turn It Up" or a "Sharpening Your Edge" class in order for the Town of Vail to receive the discounted price of $599.00 per pass. Town of Vail employees can attend "Turn It Up" free of charge. "Sharpening Your Edge" is free to everyone. Retail: Monday November 15 3:00 pm - 5:30 pm Town of Vail Council Chambers Monday November 15 5:30 pm - 8:00 pm Town of Vail Council Chambers Tuesday November 16 8:30 am -11:00 am Town of Vail Council Chambers Tuesday November 16 11:30 am - 2:00 pm Town of Vail Council Chambers Restaurant: Tuesday November 16 11:30 am - 2:00 pm Ore House Tuesday November 16 3:00 pm - 5:30 pm Town of Vail Library Wednesday November 17 11:30 am - 2:00 pm Ore House Wednesday November 17 3:00 pm -5:30 pm Town of Vail Library Lodging: Wednesday November 17 9:00 am - 11:30 am Town of Vail Council Chambers Wednesday November 17 3:00 pm - 5:30 pm Vail Village Inn Wednesday November 17 5:30 pm = 8:00 pm Town of Vail Library Thursday November 18 11:30 am - 2:00 pm Vail Village Inn Thursday November 18 5:30 pm - 8:00 pm Town of Vail Council Chambers General: Monday November 15 11:30 am - 2:00 pm Town of Vail Council Chambers Wednesday November 17 11:30 am - 2:00 pm Town of Vail Council Chambers Thursday November 18 3:00 pm - 5:30 pm Vail Village Inn Enrollment will be capped at 60 for each session; therefore, it is important to pre-register for a.session. Each individual who attends a session will receive a certificate which indicates that they have completed the necessary training to be eligible for the discounted Merchant Pass ($599). Proof must be made of attendance no later than January 20, 2000 or you will be charged the additional amount of $250.00, the difference between the Merchant Pass at $849.00 and the Merchant Pass at $599.00. Be sure to get your certificate for the training. This is your proof of attendance. Please sign up and pick up your registration from Annette McCorkle in Human Resources Resources, ext 2111. The: CHAMBER Of Commerce Presents "Sharpening Your Edge" Customer Service/ Sher Safety Training Merchant Pass holders are required to attend either a "Sharpening Your Edge" or Turn It Up" class in order for the Town of Vail to receive the discounted price of $599.00 per pass. Town of Vail employees can attend "Turn It Up" free of charge. "Sharpening Your Edge" is free to everyone. Attendees will spend only 1.5 hours in a fun, informative session where presenter Jack Turner will run through the basics of customer service, how it relates to the perception of our valley, and he will touch on skier safety. Monday, November 1": 8 am & 6pm- both at the Vilar Center Tuesday, November 2nd: 8 am Cascade Theater/ 6 pm Berry Creek Middle School Wednesday, November 17th: 8 am Cascade Theater/ 6 pm Battle Mountain High School Thursday, November 18'': 8 am - Vilar Center* no 6pm session. Hospitality Night and Chamber Mixer at the Vilar Center. Monday, December 13'': 8 am & 6pm-both at the Vilar Center Tuesday, December 14th: 8 am at Cascade Theater / 6 pm Battle Mountain High School Wednesday, January 19th: 8 am & 6pm-both at the Vilar Center Thursday, January 20th: 8 am Cascade Theater/ 6pm Battle Mountain High School Be sure to get your certificate for the training. This is your proof of attendance. Each individual who attends a session will receive a certificate which indicates that they have completed the necessary training to be eligible for the discounted Merchant Pass ($599). Proof must be made of attendance no later than January 20, 2000 or you will be charged the additional amount of $250.00, the difference between the Merchant Pass at $849.00 and the Merchant Pass at $599.00. Please sign up with Annette McCorkle in Human Resources Resources, ext 2111. I J-C To: 479-2157 Company: Fax number: +1 (970) 479-2157 Business phone: From: eileen Fax number: +1 (970) 479-1132 Business phone: Home phone: Date & Time: 10/31199 11:21:06 PM Pages: 6 Re: Good Morning Either you reported or created this story. Well attached is a more rational version of the story. The TOV should read this because the EPA, Wayne Allard, and others are. The papers should read this, because this is tomorrows story. Ignore the programming, you weren't worth taking it out to send a clean copy to. <HTML><HEAD><TITLE>TOV TEMPER TAMTRUM</TITLE></HEAD> <CENTER>EPA UPHOLDS LAW, SO THE TOWN OF VAIL THROWS TEMPER TANTRUM</CENTER> <P> The Town of Vail's (TOV) reaction to the Environmental Protection Agency's (EPA) ruling that Vail Associates (VA) cannot use the road VA built violating federal environmental laws, is nothing more than an adolescent temper tantrum, and further proves the TOV has no respect for the environment, which is in direct contradiction to the with intentional deception material the TOV distributes, proclaiming environmental greatness and concern. In response to the EPA's ruling, that the road VA illegally built through a wetland remain closed and the wetland restored, the TOV did their best imitation of Vail Resorts (VR) CEO Adam Aron, or as I refer to him Adam Arrogance, and threw a 3 year old mentality temper tantrum. In true Vail style, the TOV is not capable of acknowledging the real problem here, VA broke a federal environmental law, VA caused what the TOV sees as problem and unpleasantness to guests. For all their screaming about not being allowed input to the decision, the TOV once again conveniently forgets, they are part to blame because this problem would not have happened, had the TOV listened to public input, and insisted to the National Forest Service (NFS) that the expansion not be granted simply based on the public says they do not want it, and secondary, because it is not environmentally responsible. The TOV and the rest of Vail's leaders superficially allow public input, but as the dictators they are, they completely disregard it, much like communist elections, where the people can vote, for one candidate. For the TOV to be claiming they are all about public input is far fetched. The TOV is about putting on a big show proclaiming to be something Vail simultaneously refuses to be. The record speaks for itself, the TOV is not about listening to public input, the TOV is about being the godlike power it arrogantly throws on this so called community. Let me explain it to you this way, if the arson investigators had to bring a few big trucks a day through Vail village for months on end, the TOV would be completely supportive of it. But the TOV is environmentally disrespectful. For 6 years the TOV has arrogantly acted godlike laughing at being environmentally responsible, and never had a higher authority who could make them comply with environmental responsibility. Now the TOV is being told they are not the highest authoriy on earth, the TOV can't supress responsible environmental actions and partake in the pleasure of expanding on irresponsible ones, so the TOV is fully embarassing this valley, in throwing the temper tantrums that have become prevalant, since about the time Vails rankings have been falling.</P> <P> The TOV opposition to the EPA ruling has been lead by the most adolescent of all the environmentally ignorant Vail town council, mayor Rob Ford and Sybill Navas. Sybill stated, "It's totally inappropriate for the EPA to make this decision in a vacuum. When I read the newspaper, my first thought was to send our town manager and staff to Washington (D.C.) immediately.". The decision was made in Denver Colorado, but Sybill plays Hotlips and goes to a higher ranking public servant, who in arrogance outranks and can intimidate people paid to uphold one of the few environmental laws out there. Rob, who resigned from the council 2 years early and will be replaced in next week's elections, did his usual big talk. In a good description of himself, the Vail town council, VR and the NFS, Rob said, "I think what happened is you've got a federal bureaucracy that is totally out of control and is throwing their weight around.". And furthering proof of his and the TOV's arrogance and by choice environmental ignorance, Rob furthered, "The (wetlands) mistake is made, so why not just go ahead and use the road and then revegetate it? To force the trucks into the Town of Vail is ludicrous.". Being the, as Letterman would call it, the money grubbing scum Vail real estate agent Rob is, the paper reported Rob 'continues to be surprised at tall the brouhaha caused by violating 0.7 acres of wetlands', because Rob stated, "Some people here have living rooms bigger than the wetlands that were violated.". People, Rob makes huge commissions selling living rooms this size somewhat exaggerated. Then again, in that same area the TOV packs hundreds of Vail's sweatshop guest service professionals and refers to it as housing. Rob immediately called representatives in Washington, "to fill them in and to tell them the EPA has no intention of listening to us." Rob playing Frank, confirmed Hotlips report that the EPA is doing their job. It appears, that lack of listening is different when Rob is the one not being listened to. Rob who removed me from the podium at his meeting with police force for reminding him of his with intentional deception environmental misrepresentation, called the EPA arrogant for not returning his phone calls, and said noisy, dusty trucks coming down the face of Vail Mountain into town, "would be offensive to the people and create environmental problems of it's own". Instead of thinking they could hault timber removal for a week or two, Rob is concerned that in 2 summers from now, at the 2001 World Mountain Bike Championships, "We'd be putting mountain bikers from all over the world on roads with logging trucks.". Rob should get out more, this mountain is full of trucks all the time. Trucks VA advertises on, which I believe this advertisement, like so many other VA/R displays, is in direct violation of VA/R's permit to operate public lands. Many trucks, especially for VR construction, including the numerous trucks used to build VR on mountain private clubs, are on this mountain everyday creating a nuisance and a danger factor.</P> <P> The Vail Town Manager, Bob McLaurin, apparently thought he should join the 3 ring circus, and threw his own temper tantrum. Bob wrote a letter to the EPA asking why the town's input was never included. Bob also "placed several call to EPA regional administrator William Yellowtail, and he's not returned them. It's arrogant for the EPA to force this down our throats without at least seeking our input.". This was reported in the papers on October 27th and 29th. On the 29th, the EPA returned my call within an hour, yet the TOV and VA/R hasn't in 6 years returned my call, and doesn't allow my input at their public meetings. At 4 p.m., Friday the 29th, I asked the EPA if they set up a meeting with the TOV yet, the EPA responded, Vail hasn't taken our calls. Bob further complained that, basically because of his poor planning, he never negotiated any potential timber haul with VR. Because Bob and his staff don't have the ability to see forward, '7t was never envisioned the lumber would come through Vail, so we never analyzed the biological impacts, only the off-site impacts." Well Bob, that's what you get when you insist on standing side by side with much less than reputable people and corporations, and you refuse to employ a mind that can envision problems and people that will act responsibly weighing in all the relevant information, not just the very limited information the TOV is willing to identify. And to clarify and remind Bob, only the off-site impacts Vail chose to analyze, for it is fact the TOV and the rest of Vail laughed in the face of the only valid to the 1990's environmental expansion argument, the fact that the expansion is based on deforestation and the increased use of fossil fuel generated energy, a grand slam home run of greenhouse gas emissions right off the bat.</P> <P> Meanwhile, VR has given us the not often enough pleasure of hearing their silence. What VR did was ask the EPA for an after the fact permit to continue using the haul road until the construction is complete, at which point they would try to restore the damaged wetlands. It was when the EPA said no the road is closed, the TOV did what the TOV all too often does, put up an apron skirt for VR to hide behind. Once again the TOV has displayed the ability to recognize the direct consequences of a problem, and incorrectly consider it the problem, while failing to recognize, therefore address the real problem at hand. If the TOV was capable of this, the TOV would direct their outrage to where it should be directed, to VR, for breaking environmental laws, and comprising the TOV's, who supported VR expansion request, (and I use the word) integrity (only in theory here). Not to mention creating the public inconvenience, and unsafe use of a national forest public land summer recreational area, the TOV is so outraged about. VR spokesperson, Porter Wharton stated VR would be very disappointed if timber had to be hauled through Vail. VR who broke federal environmental laws, whose slap on the wrist penalty is the road can't be used, not the expansion is no longer allowed, will have to live with this very minor disappointment. Disappointment, there is not disappointment for VR. VR will be laughing at every truck going through town, knowing they can be so environmentally irresponsible and disrespectful, and their penalty is virtually nothing.</P> <P> The TOV is also trying to make it sound like Vail village paved streets have never had a truck go over them. Its true the TOV titles the village a pedistrian zone, but that just means commercial vehicles only. Trucks are constantly in Vail Village. Dump trucks, delivery trucks, store tracks, construction trucks, etc. The impact of the EPA order is about 6-7 logging trucks a day, less than one an hour during normal business hours, for a handful of months. Well, for a handful of months over the next five years, but that's what happens when VR insists on cutting down 6 million board feet of timber and builds an illegal road and is caught, and unbelievable, someone holds VR responsible. The TOV doesn't have a valid argument against trucks in Vail village. If the TOV were so against this, the TOV would be insisting the project be haulted. So far only 1 of the 6 million board feet of timber have been cut. Right now only 1 million board feet has to be removed. That would be 1/6th of the 1,500 anticipated trucks, 1/6 of the time period it takes to do it. So the TOV should be throwing their arrogance in the direction it belongs, to the NFS, stating they have reconsidered their position on this expansion, they can't have trucks coming through town, and not cutting any more trees will minimize the damage the TOV is so outraged about. But when presented to the Vail town council adolescents in this adult manner, suddenly the Vail town council is not going to care about the number of trucks. What it comes down to is, the TOV is outraged that someone actually has a higher power than the god like figures the Vail town council considers themselves, and acts like on a constant and continual basis. The TOV, and VR and the NFS for that matter, is simply still in shock that someone actually held VR accountable, which is exactly what the TOV should be doing. As the environmentally proactive and responsible the TOV misrepresents themselves as, the TOV should be applauding the EPA for doing their job and protecting the environment. Instead, because the TOV has for about 6 years refused to environmentally educate themselves, the TOV is arrogantly environmentally ignorant, therefore does not understand the importance of the wetlands, and the fact that if the road was used, there could be no wetland to restore, but then again, the environmentally ignorant TOV response would be, so what? Another example of the TOV continuing to operate in accordance to the Vail's townwide, arrogant, environmental ignorance is bliss mentality.</P> <p> As could have been predicted, Washington came through for the TOV. As the EPA guy told me on 10-29, we're getting out butts kicked, but we're holding our ground. Public Servant, Senator Wayne Allard is outraged, and finds it disturbing and extremely troubling that about 1,500 logging trucks would go through Vail Village. Public Servant Allard has not a concern in the world that VR violated federal environmental laws, and is only getting a slap on the wrist for it. Without getting all the facts, on the limited TOV perspective, Public Servant Allard sent a letter to EPA William Yellowtail saying it was "extremely troubling the agency refuses to acknowledge a community's request for a meeting.", and that he would encourage the EPA to immediately schedule a meeting with the mayor of Vail and members of the town council to discuss EPA plans. In a public statement, Public Servant Allard stated the EPA attitude toward Vail was outrageous saying the agency "has never bothered to consult with the community on this issue. And even worse the EPA has said they do not have to even talk with elected officials and citizens of Vail about the issue.". In other words a lawmaker defines as outrageous, the laws Congress made that give the EPA the power to be judge, jury and executioner, then criticizes individuals as arrogant for doing their job. Wayne said, "The most disturbing aspect of this issue is the EPA's arrogance towards the very citizens who pay their salaries. To simply put into place a plan and then tell the very people who will be impacted by that plan their opinions does not count is unacceptable." Maybe Wayne would be open to reconstructing the judicial system, where judges have to take input before imposing a penalty, so those who will be impacted can place their opinion. Actually Wayne needs to recognize the TOV was all for this expansion, the TOV refused to hear anything against this expansion, the TOV refused to comply with the wishes of this valley and recommend against the expansion simply because the public does not want it, the TOV was a willing partner in promoting the expansion, and because the TOV employes very low level analytical thinking personnel, the town manager and environmental policy planner, never came up with worst case scenario and proceeded with their decision based political correctness and environmental disrespect. The TOV was a willing partner to an unrespectible corporation, whose end result could have been predicted had anyone believed a federal agency would actually hold VR accountable. Wayne was also concerned that Vail "has a lot of people on mountain bikes and walking, and that it's a safety hazard. Im happy Wayne is concerned with about the number of trucks, because Wayne could use his power to ensure the impact is minimized by about 5/6ths. Remember only 1/6 of the timber in question for hauling has been cut and needs to be hauled. I also hope Wayne uses this reduction figure as an argument that we could minimize the danger to mountain bikers, and then Wayne will be willing to look at the amount of trucks that impose this danger on a daily basis on Vail Mountain, and will enact the laws the NFS says Congress has to to make public lands safer, operated for the public, and in accordance with a natural environment. But we'll see where Wayne stands when presented with adult solutions and a broader spectrum of relevant facts.</P> <P> Public Servant who loves Vail's sweatshop, Scott McInnis, talked with Rob Ford. Rob said, "He was very understanding that we're a resort economy, and we have the World Mountain Bike Championships coming in the summer 2001 (two summers away). He knows that mixing up mountain bikers with logging trucks is something we don't want to be involved with.", but again Rob still can't see the easy obvious solution, if only 1 million board feet were removed, they could be gone well before the championships, and championships or not, the TOV does not want to be invovled with mountain bikers and logging trucks. First, the TOV has no say about what happens on the mountain, where these two objects would meet. Second, everyday this mountain is loaded with huge trucks and bikers. The big problem is, in their temper tantrum the TOV is forgetting these logging trucks would be on the mountain hauling out timber, regardless if VR didn't violate a federal law, and a week ago no one was concerned with this. During the approval process, where the TOV stood by VR side in lobbying for expansion approval, I don't believe the TOV expressed any concern about this expansion whatsoever, including dangers on areas of no concern to the TOV. And again, due to the lack of thinking ability the TOV employs, the TOV would have never figured out the number and danger of logging trucks could be easily reduced by 5/6 of the present problem, if no more timber were allowed to be cut. But that wouldn't be politically correct or environmentally abusive, so the TOV will not, as they have not, approached this responsibly.</P> <P> What did the EPA do for all this flack? Their politically incorrect job, and held VR responsible for breaking federal environmental laws. EPA public relations officer Jody Ostendorf said the agency's primary concern was "bringing VR into compliance with the law" as soon as possible, to protect the wetlands from any further damage. "If there's a continuing violation, we have to do something about it as soon as possible, and when you are talking about an enforcement case, you can't include the community. It's about issuing an order. Our responsibility is to make sure construction projects conform to our standards. Otherwise we'll be sued by environmental groups." It's the agencies primary responsibility to protect the wetlands, not to say how VR hauls the timber. The EPA order dictates for VR to work with the NFS in seeking public comment on any plan to remove the timber, and the TOV can have it's say there. Right now hauling timber through town is defined as the practical alternative, but it isn't the only alternative, and as proven, the impact could be cut by 5/6ths. My only concern with the EPA, was the difference between issuing the order reported on October 27 where it was firm, and on October 29, after public servants breathed down the EPA's neck, Jody was quoted as saying, "the administrative order to close the road is not negotiable, at this point.". It's the at this point that concerns me, however I believe that was only because of the enormous pressure being placed on the EPA. Once the pressure appliers see how irresponsible they've been acting, well lets just say I expect a very public apology from the TOV and Public Servant Wayne Allard to the EPA by noon on Monday Nov Ist, hours after they received this. In theory I expect that. In actuality, the TOV is not quality or mature enough to be this responsible, we'll see about our public servant.</P> <P> I suggest to the TOV and Public Servant Wayne Allard, they make a huge public apology to the EPA, and direct their anger and fustration where it belongs, to VR who broke federal environmental laws. For 6-7 trucks a day going through town, is really no big deal. If the TOV feels the need to apologize to guests, the TOV can do what the TOV always does when there is construction in Vail Village, including TOV mandated projects that brought unwanted, bothersome trucks to town. Put signs up saying, Excuse the timber trucks coming through town, VR broke environmental laws in the development of the expansion area, and to restore the environment, timber is being hauled through town. I suggest to the EPA that as part of the penalty, every truck carrying timber through town has to have signs on the trucks stating the reason why the trucks are going through town. I ask the EPA, if they meet with TOV, let me be there also, I can put the TOV propaganda into a realistic perspective. To understand the TOV before you meet with them, I suggest the EPA view the 3 meetings I attended in Jan & Feb 98, addressing the Vail town council stating they would not go before the world and misrepresent Vail as the environmental Vail refuses to be. These and the fact the TOV did with intentional deception, go before the world and misrepresent Vail as the environmental Vail simultaneously refuses to be, will show the Vail town council's arrogance, and lack of respect for public input and the environment. The EPA will see, the Vail town council doesn't understand the importance of wetlands or environmental laws, because Rob and friends have insisted they remain environmentally ignorant. Then I suggest the EPA view the 3 June & July 99 Vail town council meeting I attempted to speak at, where again the Vail town council laughed in the face of the environment and public input. Then the EPA should forward these tapes to any news agencies reporting on this story, and to public servants who without all the facts publically harassed and intimidated the EPA because the temper tantrum throwing town of Vail, went crying to daddy and told on the EPA for doing their job.</P> <P> Public Servant Allard, I invite you to take the leadership role Public Servant Scott McInnis won't. Where congressional energy and intimidation is needed in Vail, is to abolish Vail's sweatshop and to unrob the public lands Vail has robbed from the public. The TOV works in political correctness with their much less than respectible counterparts, VR and the NFS. VR arrogantly armounces VR operates Vail and Beaver Creek National Forest Public Land Ski Areas for the worlds wealthiest. VR also prints they own these NFPLSA. The TOV operates in accordance with this also, for an average American family could not afford a vacation in Vail, and the TOV likes it that way, and has catered to the very well off for quite a while. This is potentially the greatest heist of the 20th century. And the guest service professionals who are mandated to provided the utmost in service for the world's wealthiest, are rewarded with a sweatshop employment market and immigrant housing conditions. The TOV was all for this expansion, refused to hear anything against it, doesn't and didn't have the ability to analyze the worst case scenarios, because even if the TOV projected VR would break environmental laws, the arrogant godlike TOV just assumed the EPA was part of the boys club, that VR would be above the law, and the law would be overlooked. The TOV thought the EPA would act like the NFS does, part of the club. In Vail the EPA is refreshing, because we do not have a government agency actually working for the public or the environment. The politically correct Vail town council refuses to recognize they are partners with unrespectible individuals, their friends, whose corporation, VR, is hated by this entire so called community, just like the Vail town council is. The TOV had options and chose an irresponsible one, which created their problem, but being the 3 year old mentalities in adult bodies the Vail town council is, the Vail town council knew they could get daddy to yell for them, and our public servant irresponsibly came through for his spoiled rotten brat children. This public servant irresponsibly, arrogantly, with limited information and without any responsible analysis, went after people this public servant employs and empowers to uphold environmental laws. I suggest public servant Allard immediately reverses this situation, apologizes to the EPA, shames the Vail town council and VR, and directs his immediate action to unrobbing the public lands Vail has taken from the American public, and you respect those who make your economy what it is, Vail's and other ski resorts guest service professionals, and lead them out of the sweatshop Vail and other resorts operates.</P> <P> And Sybil], Rob is being replaced in the election, and I suggest you announce your spot on the council will be filled in the upcoming election also.</P> <P> <A HREF="index.html">Return to Main Menu4A></P> <P> 4ta FOR IMMEDIATE RELEASE Local Media Contact: Emily Jacob, Director of Communications (970) 476-1000 x.3015 COMMUNITY SUPPORTERS GET OUT THE VOTE: VAIL, Colorado - October 28 - To vote or not to vote. It seems to be the major election '99 issue for many Vail residents and businesspeople. With voter turn-out in past elections leaving much to be desired, three groups have banded together to help Vail citizens get to the polls on November 2. The citizen's group, Community Advocates for a Prosperous Vail, local transportation company, Colorado Mountain Express (CME), and the Vail Daily are hoping to buck the voting trend and assist Vail residents with transportation to the polling place for this year's municipal election. CME has agreed to provide continuous transportation services free of charge, throughout the Town of Vail from 7:00 a.m. to 7:00 p.m. to anyone wishing to vote in Vail. Colorado Mountain Express vans will make stops at several locations, including West Vail, Vail Cascade, Lionshead, Vail Village and Gold Peak, with the intent of shuttling residents to the Town of Vail Municipal Building for voting. The shuttle service departs from the municipal building on the hour and half hour, to transport voters back to their places of business or residence. "CME is pleased to provide the "Get Out To Vote" shuttle as a community service," said Jim Feldhaus, vice president of sales and marketing for CME. "We would like to urge all Vail registered voters to get out and vote on November 2." -more- Please refer to the following schedule for departure times and locations. CME, Community Advocates for a Prosperous Vail and the Vail Daily are pleased to provide this service to the residents of Vail and encourage locals to "get out to vote!" For more information please contact Colorado Mountain Express at 949-4227. "GET OUT TO VOTE" SCHEDULE Colorado Mountain Express • Community Advocates for a Prosperous Vail • Vail Daily NOVEMBER 2,1999 Departures to Town of Vail Municipal Building: Vail Safeway: On the hour Cascade Hotel: 10 minutes after the hour Lionshead Bus Circle (between Antlers & LionSquare Lodge): 20 minutes after the hour Lodge at Vail: 30 minutes after the hour Mountain Haus: 40 minutes after the hour Gold Peak Children's Center: 45 minutes after the hour Departures from Town of Vail Municipal Building: On the hour 30 minutes after the hour t TOWN OF VAIL 75 South Frontage Road Office of the Mayor Yail, Colorado 81657 303-479-2100 FAX 303-479-2157 October 28, 1999 William Yellowtail Director, Region 8 United States Environmental Protection Agency 999 18'b Street, Suite 500 Denver, CO 80202-2466 Re: Vail Resorts Wetlands Issue Dear Mr. Yellowtail: It has come to our attention, though the local media, that the USEPA intends to force Vail Resorts to remove the timber from the Category III area down the front side of Vail Mountain and through the Town of Vail. I want to advise you that the Town of Vail is strongly opposed to this proposal. Not only will this activity unduly disrupt residential neighborhoods, it will cause unreasonable and unnecessary wear and tear on the town streets and bridges. Furthermore, our economy is totally resort-based. And, during the summer months these roads are heavily used by mountain bikes. In fact, during the summer of 2001, we will be hosting the World Mountain Bike Championships on these same roads. Contestants will be here from all over the world to compete in this event. Any proposed mix of logging trucks with these recreational activities is dangerous and unacceptable to the Town of Vail. We are extremely disappointed to have heard about your decision from the press with no advance direct discussions between us. I would hope that you could extend us the courtesy in the near future to discuss this issue with us directly. I 1 If you insist on demanding these logging trucks go through the Town of Vail we will be filing the formal documentation to stop this irrational requirement. Thank you for your consideration of this matter. I look forward to hearing from you. Sincerely, TO OF V AL- Robert E. Ford Mayor RWM/aw xc: Vail Town Council The Honorable Ben Nighthorse Campbell The Honorable Wayne Allard The Honorable Scott McInnis