HomeMy WebLinkAbout2002-04-02 Support Documentation Town Council Evening Session,. .n ~ ,
TOWN COUNCIL
EVENING MEETING
TUESDAY, APRIL 2, 2002
7:00 P.M.
TOV COUNCIL CHAMBERS
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 min.)
2. CONSENT AGENDA:
a) Days of Remembrance Proclamation. (5 min.).
b) Athletic Training Month Proclamation. (5 min.)
c) Approval of March 5th and 19th evening meeting minutes. (5 min)
3. ITEM/TOPIC: Black Gore Creek Sediment Update. (20 min.)
Caroline Bradford
4. ITEM/TOPIC: Review the financing tools for funding the Lionshead
Dee Wiser public improvements and policy options for allowing construction
to the build-to line. (1.15 min.)
ACTION REQUESTED OF COUNCIL:
The purpose of this discussion is to review the financing options for
completing the public improvements in the Lionshead Master Plan
and to review the issues related to encouraging private property
owners to build to a specified line versus a setback. At the
evening meeting, public input could be received on further
investigating a conference facility on the North Day lot, public
improvements, and financing those public improvements.
BACKGROUND RATIONALE:
On March 19th the Vail Town Council reviewed the various public
improvements proposed in the Lionshead Master Plan. Staff
received input that Frontage Rd improvements, new streetscape,
and dealing with circulation issues were priority public
improvements. Council also expressed their interest to further
explore a conference facility on the North Day lot. Staff would now
like to review financial options for funding the public improvements
and policy direction on how to deal with private developers building
to a "build-to" line identified in the Lionshead Master Plan which
requires building on to what is now Town of Vail land.
5.
Bob Armour ITEM/TOPIC: Eagle County Health Service District Mill Levy
Lyn Morgan Increase Discussion. (10 min.)
6.
George Ruher ITEM/TOPIC: Ord. #4, Rezoning Criteria. (30 min.)
First Leading of Ordinance No. 4, Series of 2002, an ordinance
amending Title 12, Chapter 3, Administration and Enforcement, of
F:mcaster/agendas/tc/2002/040202
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the Vail Municipal Code to establish criteria for consideration and
findings for zone district amendments to the Official Town of Vail
Zoning Map and text amendments to Title 12, Zoning Regulations,
and setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 4, Series of 2002, on first reading.
BACKGROUND RATIONALE:
The Town of Vail Community Development Department is requesting
to amend the Vail Town Code. Amendments to the Vail Town Code
are permitted pursuant to Section 12-3-7. The proposed amendment
to the Town Code is intended to establish criteria for consideration
and findings for amendments to the regulations prescribed in Title 12
(Zoning Regulations) and zone district boundaries.
At its January 28 and March 25, 2002, public hearings, the Planning &
Environmental Commission reviewed and discussed the proposed
text amendments. Following a lengthy discussion on the requests,
the Planning & Environmental Commission voted unanimously (7-0) to
forward a recommendation of approval to the Town Council for the
proposed text amendments. The Planning and Environmental
Commission's findings and recommendation are identified in the
March 25, 2002, staff memorandum to the Commission. A copy of the
final approved meeting minutes has been attached for reference.
STAFF RECOMMENDATION:
The Community Development Department recommends that the Town
Council approve Ordinance No. 4, Series of 2002, on first reading.
7.
George Ruther ITEM/TOPIC: Ord. #5, Amendment to SDD#35.
First Reading of Ordinance No. 5, Series of 2002, an ordinance
amending Ordinance No. 12, Series of 1997, removing a condition
of approval that prohibits the operation of restaurants within the
special development district, and setting forth details in regard
thereto.
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 5, Series of 2002, on first reading.
BACKGROUND RATIONALE:
At its March 11, 2002, public hearing, the Planning & Environmental
Commission reviewed and discussed a request to remove an existing
condition of approval that prohibits the operation of restaurants or
similar food service operations on the Austria Haus property. Upon
review of the request, the Planning & Environmental Commission
voted unanimously (7-0) to forward a recommendation of approval,
with conditions, to the Town Council for the proposed major
amendment to Special Development District No. 35. The Planning &
Environmental Commission's findings and recommendation are
identified in the March 11, 2002, staff memorandum to the
Commission. A copy of the final approved meeting minutes has been
attached for reference.
STAFF RECOMMENDATION:
F:mcaster/agendas/tc/2002/040202
The Community Development Department recommends that the
Town Council approve Ordinance No. 5, Series of 2002, on first
reading. (15 min.)
8.
Matt Mire
Bob McLaurin ITEM/TOPIC: Ordinance #7, Series of 2002, first reading,
AN ORDINANCE ADOPTING THE TOWN OF VAIL
COMMISSIONON SPECIAL EVENTS (CSE) AND GUIDELINES;
ESTABLISHING A COMMISSION FOR THE
PROCESS OF REVIEWING PROPOSED PUBLIC SPECIAL
EVENTS FOR THE TOWN OF VAIL; AND SETTING FORTH
DETAILS IN REGARD THERETO.
(30 MIN.)
BACKGROUND RATIONALE: Two ordinances are being
presented with regard to the Commission on Special Events. One
is staff produced and deals with the skeletal cpnstruction of this
commission, thus allowing for operational policy to be formulated
with more latitude and as Council more clearly defines the
Commission's role. Staff has also included a second ordinance that
includes more specifics in regard to the special events manager
and policy objectives than is ordinarily included in these
organizational ordinances.
It has been Council's direction to move forward as expediently as
possible to formulate the conditions under which this Commission
will operate. Staff will be ready to make any modifications to the
ordinance between the work session and evening meeting on
Tuesday.
9. ITEM/TOPIC: I.G.A. Skier Parking at Eagle River Water and
Matt Mire Sanitation District. (15 minutes)
10. Town Manager's Report. (5 minutes)
11. Adjournment (10:40 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, APRIL 16, 2002, BEGINNING AT 2:00 P.M. IN THE TOV
COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, APRIL 16, 2002, 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.
F:mcaster/agendas/tc/2002/040202
~~gxC~XriC~C~t'~xC
Proclaiming Days of Remembrance of the victims of the Holocaust to be Sunday,
April 7 through Sunday, April 14, 2002, including the International Day of
Remembrance known as Yom Hashoah, Apri19. ~ E. .
WHEREAS, the Holocaust was the state-sponsored, systematic persecution
and annihilation of European Jewry by Nazi Germany and its collaborators-between
1933 and 1945. Jews were the primary victims -six million were murdered; Gypsies,
the handicapped, and Poles were also targeted for destruction or decimation for
racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's
Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous
oppression and death under Nazi tyranny.
WHEREAS, the history of the Holocaust offers an opportunity to reflect on ~=`
the moral responsibilities of individuals, societies, and governments; and
WHEREAS, we the people of Vail, Colorado, should always remember the
terrible events of the Holocaust and remain vigilant against hatred, persecution, and
tyranny; and
WHEREAS, we the people of Vail, Colorado, should actively rededicate
ourselves to the principles of individual freedom in a just society; and-
WHEREAS, the Days of Remembrance have been set aside for the people of
Vail, Colorado, to remember the victims. of the Holocaust as well as to reflect on the ~~ .~
need for respect of all peoples; and ";
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7,
1980) the United States Holocaust Memorial Council designates. the Days. of
Remembrance of the victims of the Holocaust to be Sunday, April 7 through Sunday,
April 14, 2002, including the International Day of Remembrance known as Yom
Hashoah, Apri19;
NOW, therefore, I, Ludwig Kurz, Mayor of the Town of Vail, Colorado, do ~-
hereby proclaim the week of Sunday, April 7 through Sunday, April 14,.2002, as Days
of Remembrance in memory of the victims of the Holocaust, and in honor of .the: I ~ ``
survivors, as well as the rescuers and liberators, and further proclaim that we, as
citizens of the Town of Vail, should strive to overcome intolerance .and indifference
through learning and remembrance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
official seal of the Town of Vail to be affixed this 2"d day of April, 2002.
Mayor
ATTEST:
SF.Aj-
Town Clerk
PROCLAMATION FOR ANTIONAL ATHLETIC TRAINING MONTH
WHEREAS, quality health care is vital for individuals involved in physical ~ ~~
activity; and
WHEREAS, certified athletic trainers (ATCs) have a long history of
providing quality health care for athletes and those engaged in physical activity based
on specific tasks, knowledge and skills acquired through their nationally regulated
educational processes; and
WHEREAS, certified athletic trainers provide:
• Prevention of injuries
• Recognition, evaluation and immediate care
• Rehabilitation
• Health care administration
• Education and guidance; and
WHEREAS, athletic training was recognized by the American Medical
Association in 1990 as an allied health care profession; and
WHEREAS, more than 22,000 certified athletic trainers nationwide are
employed in the following settings:
• Professional sports
• Colleges and universities
• High schools
• Clinics and hospitals
• Corporate and industrial settings; and
WHEREAS, leading organizations concerned with athletic training and ~~
health care have joined together in a common desire to raise public awareness of the
importance of the athletic training profession and to emphasize the importance of
quality health care for athletes and those engaged in physical activity within he
aforementioned settings and; ~„
WHEREAS, such an effort will improve health care for athletes and those
engaged in physical activity and promote ATCs as allied health professionals.
NOW, THEREFORE, the Vail Town Council of Vail, Colorado, hereby
proclaims the month of March as National Athletic Training-Month in Vail,
Colorado. I-urge all people of Vail to learn more about the importance of athletic
training.
IN WITNESS WHREOF, I have hereunto set my hand and caused the
official seal of the Town of Vail to be affixed this 2"d day of April, 2002.
A
Town Clerk
S 11~''''
TOWN COUNCIL
EVENING MEETING
TUESDAY, MARCH 5, 2002
7:00 P.M.
TOV COUNCIL CHAMBERS
The regularly scheduled Vail Town Council meeting was called to order by Mayor
Ludwig Kurz at approximately 7:00 P.M.
MEMBERS PRESENT: Ludwig Kurz, Mayor
Rod Slifer, Mayor Pro Tem
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. Merv Lapin, long time local and
former Vail councitmember, addressed the Council, requesting the Council consider a
cemetery or cemetery type feature in Vail to create a remembrance park or memorial in
Vail. Lapin stated a decision should be made on the site and who would be honored
there. Lapin stated he would be willing to help gather the formation.
Kaye Ferry, Vail Chamber and Business Association, addressed the Council, expressing
her displeasure regarding the article in the Vail Daily on February 23, regarding prices in
Vail being 2 to 3 times higher in Vail than down valley.
Frank D'Alessio, a volunteer for the Vail Police Department, appeared before the Council,
informing them of the Citizens Police Academy, sponsored by the Vail Police Department.
D'Alessio stated they had 10 applicants at the present time. The focus of the academy
was to produce ambassadors for the public and police force. The date of the event is
March 14, 2002.
The second item on the agenda was the Consent Agenda. Greg Moffet made a motion to
approve the February 5 and 19, 2002, meeting minutes. Rod Slifer seconded the motion.
A vote was taken and the motion passed unanimously, 7-0.
The third item on the agenda was Vail Resorts presentation of their Lionshead
redevelopment proposal. Mayor Kurz stated the town had not received an official
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application at this time and this was the first time the town had been shown the
redevelopment plan being proposed by Vail Resorts, Inc. Russ Forrest, Director of
Community Development, gave a background on the Lionshead Master Plan, stating
meetings would be scheduled as soon as the applications were received from Vail Resorts.
Forrest introduced Porter Wharton, III, Vail Resorts Senior Vice President. Wharton
addressed the Council, stating Vail Resorts was committed to reinvesting in the
community, and the company had started working on this project last summer. Wharton
stated Vail Resorts had invested $126 million on improvements to the mountain and was
committed to revitalizing their properties in Lionshead. John Burkholder with Ethan Moore,
Design Workshop, gave an overview of the five properties owned by Vail Resorts and the
main redevelopment plan for each of them, which included:
- Maintenance/Holy Cross site - 5 acres;
- West Day Lot/Marriott Property - 4.8 acres;
- North Day Lot 1.3 acres (potential public-financed, town-owned Conference Center;
- Core area 2.3 acres (former gondola building, Sunbird Lodge);
- Tennis court site - 2.5 acres.
According to Wharton, a 30-month, phased construction process is envisioned with
construction beginning in the spring of 2003 for the West Day Lot and the Holy
Cross/Maintenance Lot phases. In addition to the project's construction schedule,
members of the audience inquired about view corridors; the Vail Town Council's
position on use of Tax Increment Financing (TIF) to fund public improvements; parking;
pedestrian access and circulation; transit staging; snowmelt areas; calculations that will
be used to create employee housing units associated with the project; inclusion of a
swimming pool; and consideration of an outdoor ice rink. Next steps include a
discussion by the Town Council to review and prioritize a list of public improvements
recommended in the 1998 Lionshead Master Plan, as well as a discussion on how to
pay for them.
- Should the town pursue development of a Conference facility on the North Day
Lot?
- What public improvements should be further designed and built?
- How should the town finance public improvements?
- Should the town sell or lease public lands needed by private developers to
construct to the "build to" line?
It was recommended that the Town Council immediately direct staff to reconvene the
parking task force to develop along-term solution for parking. After the'Town Council
has had an opportunity to discuss the above-mentioned questions, then a development
improvement agreement should be developed that would state what public
improvements the town would pay for and what improvements Vail Resorts and other
private developers would pay for.
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The fourth item on the agenda was a presentation and discussion of Playground
Safety and Improvement Plan, including:
- Playground Safety and Improvement Plan.
- Discussion of Custom vs. Catalog equipment.
- Possible expansion of Donovan Park playground area.
Todd Oppenheimer, landscape architect and parks superintendent for the town, presented
the plan to the Council. Discussion was held regarding hazards, custom vs. catalog
playground equipment, and ADA requirements. A proactive playground safety plan was
introduced. Rod S-lifer made a motion to approve the playground safety and improvement
plan developed by certified playground inspectors from the Public Works Department.
Greg Moffet seconded the motion. A vote was taken and the motion passed 5-2, Kurz and
Donovan opposing. The document, which was created following atown-wide audit, outlines
a recommended schedule of actions to be implemented over the next five years to improve
safety and maintain equipment at each of Vail's eight neighborhood parks as well as the
construction of two new play areas (Donovan Park and Lionshead). In 2002, the plan calls
for construction of the playground at Donovan Park as well as a recommendation to
reconstruct Pirateship Park, which has experienced structural deficiencies. During the
discussion, the Council reaffirmed its desire to incorporate an appropriate mix of custom-
built playground equipment to promote Vail's uniqueness, saying the benefits are worth the
extra expense and potential for additional liability. A motion was made by Greg Moffet and
seconded by Rod Slifer to support a staff recommendation to earmark $150,000 from the
Real Estate Transfer Tax to expand the Donovan Park playground design to accommodate
60 to 80 children at a time, or 9,000 sq. ft., up from the current design which
accommodates 20 children with 6,000 sq. ft. A vote was taken on the motion. and the
motion passed 6-1, Jewitt opposing.
The fifth item on the agenda was a Special Events Discussion.
Continuing an earlier discussion about the appropriate structure for a special events board
the Council heard from Stephen Connelly of the Vail Chamber and Business Association,
who offered use of an existing 501 c-3 structure, Turn It Up, as a way to facilitate creation
of a de-politicized board that would be used to review and recommend funding allocations
from the town. Rod Slifer made a motion to draft an ordinance to form a special events
committee, consisting of two members selected at-large from the community, one
restaurant representative, one lodging representative .and one retail representative.
Councilman Greg Moffet seconded the motion, suggesting exploration of a Business
Improvement District as an alternative structure to be considered in future years. Staff was
given direction to research the concept more thoroughly. Kaye Ferry of the Vail Chamber
and Business Association criticized the board representation structure. Ferry, along with
business owner Steven Rosenthal, suggested replacing one of the at-large seats with a
business representative. In addition, Ferry urged the Council to re-structure the budget
used for administration of the Vail Local Marketing Board to create a paid position that
could manage multiple economic development programs. Although Councitmember Diana
Donovan acknowledged that additional work remained, she expressed satisfaction in the
new structure, noting that it removes the voting privileges of those who once had been
3
recipients of the seed money. A vote was taken on the motion and the motion passed
unanimously, 7-0, directing staff to prepare an ordinance. The group also agreed that the
non-voting Council representative would chair the board until a director is hired.
The sixth item on the agenda was the Town Manager's Report. Town Manager McLaurin
stated he had nothing to add to the report as submitted. Bill Jewitt seconded the motion.
A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned
at 9:50 P.M.
Respectfully submitted,
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
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TOWN COUNCIL
EVENING MEETING
TUESDAY, MARCH 19, 2002
7:00 P.M.
TOV COUNCIL CHAMBERS
The regularly scheduled meeting of the Vail Town Council was called to order at 7:00
P.M. by Mayor Ludwig Kurz.
MEMBERS PRESENT: Ludwig Kurz, Mayor
Rod Slifer, Mayor Pro-tem
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
STAFF MEMBERS: Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. Colleen McCarthy, owner of the
Baggage Cheque in Crossroads Shopping Center and a 24-year resident, addressed
the Council, expressing frustration over the enforcement of the Vail sign code, after not
having it enforced over the last 5 years. McCarthy provided photographs of Ilegal signs
throughout town, asked to have her summons dismissed, and requested. the town
modify the code to reflect today'smarketplace.
Arn Menconi, Eagle County Commissioner, and Adam Palmer, of the Eagle Valley
Alliance for Sustainability, addressed the Council, promoting educational course entitled
Shaping the Future of the Eagle Valley, May 9th. A brochure was also distributed to the
Council. Councilmembers were encouraged to attend.
Joe Staufer, long time resident and former Council member, addressed the Council
regarding land that Vail Resorts had designated to donate for a conference center.
Staufer suggested the land be used to provide parking for day skiers.
Kaye Ferry, Vail Chamber and Business Association, reported she had received a call
from Don Rogers of the Vail Daily, regarding the article criticizing Vail merchants.
Rogers stated he made an error in judgment and had intended to give a reflection of
rents in Vail. A retraction was written in the March 13th paper apologizing for the error.
Rogers was also looking for volunteers to form a reader panel which will provide
1
feedback for improvement of the paper. Ferry thanked Rogers publicly for correcting
these things.
The second item on the agenda was the DRB/PEC/AIPP Appointments. Mayor Kurz
thanked all who applied for the positions and encouraged those not elected to submit their
applications again in the future. Greg Moffet. then moved to appointment Tracy Morrison
Gordon, Kyle Webb, and Jennifer Mason to the Art in Public Places (AIPP) board. Rod
Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0.
Greg Moffet moved to appoint Clark Brittain, Margaret Garvey Rogers, and Hans Woldrich
to the Design Review Board .(DRB). Bill Jewitt seconded the motion. A vote was taken
and the motion passed unanimously, 7-0.
Greg Moffet moved to appoint Gary Hartman, Erickson Shirley, George Lamb, and Roland
Kjesbo to the Planning and Environmental Commission (PEC). Diana Donovan seconded
the motion. A vote was taken and the motion passed unanimously, 7-0.
Greg Moffet reminded staff to promptly advise applicants, both the appointees and the
applicants that were not chosen, of the outcome of the election.
The third item on the agenda was the VRI Front Door Discussion. Mayor Kurz asked all
participants to speak into the microphone or to use the hand-held microphones when
commenting on the project. Charlie Penwill, representing Vail Resorts, Inc. and several
representatives from VRI and the Urban Design Group were on hand for the presentation.
Penwill encouraged questions at the end of presentation. Ethan Moore, Design Workshop,
addressed the Council, stating this was the second project being proposed by Vail Resorts,
Inc. The areas to be discussed included:
Vista Bahn ski yard.
New skier services facility
Vail Village Park
Renovation of Upper Village Streetscape
Mountain Road
The Lodge at Vail Spa
Lodge at Vail Residence Club
Sources of funding were discussed. Penwill stated The Lodge at Vail Residence Club with
its 12 units would be a big factor in the progress of this project. Ron Byrne, local resident
and real estate broker, expressed concerns regarding the density of the project, asking the
Council to consider public spaces and to provide something to do at the end of the day. A
sheet of ice similar to the one in Beaver Creek was also a suggestion to incorporate into
the plans. Other issues brought up were use of escalators and skier drop off areas. Tom
Steinberg, long time resident and former Councilmember, requested the Council make sure
the two projects being proposed by Vail Resorts were done in an environmentally friendly
2
manner. Penwill also stated the plan included a 300 acre land swap with the U.S. Forest
Service to acquire two acres of land near the Vista Bahn in exchange for nearly 300 acres
of land owned by Vail Resorts. The 300 acres are located in South Game Creek and in the.
Mud Springs area at Beaver Creek. Jim Lamont, Vail Village Homeowners Association,
addressed the Council, recalling the meetings over the past decade. Adjacent property
owners concerns need to be addressed, but he expressed the association's support of the
projects. The audience was reminded by Kurz that no application had been received by
the town at this time. Penvvill stated an application was planned to be filed within 45 days,.
with plans to start construction in the fall of 2003 or spring of 2004, with an 18-24 month
construction period. Dick Cleveland asked about a timeframe on the land trade. Tom
Allendar of VRI, stated an application had been submitted, and thought a decision from the
Forest Service would be reached in the next 18 months. Penwill stated he was hopeful of a
positive decision but had all intentions of going forward with the proposal regardless of
whether the forest service application was approved. The audience generally responded
favorably to the presentation and expressed appreciation to Vail Resorts in keeping the
public informed as to their progress. Penwill stated further discussions would be
forthcoming as the projects progressed.
The fourth item on the agenda was the Village Streetscape discussion regarding
coordinated project with Eagle River Water Sanitation District waterline replacement
project, to include: Scope and Phases, Heating discussion, Funding Options, and Next
Steps. Kurz stated the discussion could be shortened, as the work on Hanson Ranch
Road had been postponed until next spring. Rick Sackbauer of the Eagle River Water
and Sanitation District addressed the Council, requesting the Council's support working
with the district to coordinate the project to the best advantage of both parties.
Discussion was held regarding heated sidewalks vs. snow on the ground, working with
the water district to coordinate projects, the hiring of a project designer to oversee the
project, development of streetscape designs and cost alternatives. Council directed
staff to create a series of pricing and design options for Council's evaluation.
The fifth item on the agenda was Resolution #2: Request to modify the rockfall hazard
maps to show approved mitigation for the Booth Falls Townhomes located at 3094 Booth
Falls Court/Lot 1, Block 2, Vail Village 12th Filing. Russ Forrest, Community Development
Director, addressed the Council, stating the Booth Falls Homeowners Association is
requesting that the Town of Vail amend its hazard maps to show that approved mitigation
exists for the high severity rockfall hazard area that exists on this property. The
Association completed the construction of a rockfall mitigation wall in November of 2001.
This wall was designed to mitigate the high severity rockfall hazard present on the site. An
engineer and the Colorado Geological Survey has concluded that the wall will effectively
protect the property from reasonably foreseeable rockfall hazards. Mayor Kurz stated the
resolution had been discussed at the afternoon work session. Diana Donovan moved to
approve Resolution #2. Rod Slifer seconded the motion. Donovan then amended her
motion to reference the findings on the bottom of page 1 of the staff memo dated 3/11/02.
Slifer amended his motion. A vote was taken and the motion passed unanimously, 7-0.
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The sixth item on the agenda was Ordinance #7, Series of 2002, first reading,
an ordinance adopting the Town of Vail Commission on Special Events (CSE) and
guidelines; establishing a commission for the process of reviewing proposed public special
events for the Town of Vail; and setting forth details in regard thereto. Council was advised
two ordinances were being presented with regard to the Commission on Special Events.
One was staff produced and deals with the skeletal construction of this commission, thus
allowing for operational policy to be formulated with more latitude and as Council more
clearly defines the Commission's role. Also included was a second ordinance that included
more specifics in regard to the special events manager and policy objectives than is
ordinarily included in these organizational ordinances. Greg Moffet made a motion to table
Ordinance #7 to the next regular meeting. Rod Slifer seconded the motion. Mayor Kurz
stated for the record the Council had discussed the ordinance at the afternoon work
session. Council had received input from the Vail Chamber and Business Association and
Vail Valley Chamber and Tourism Bureau, who have jointly proposed formation of a private
501-c3 Special Events Commission as an alternative. A vote was taken on the motion and
the motion passed unanimously, 7-0.
The seventh item on the agenda was the approval of Intergovernmental Agreement
regarding Los Amigos deck lease. Town Attorney Matt Mire informed the Council the
basis of the agreement was like the agreement the town had with the Lodge at Vail.
Rod Slifer made a motion to approve the intergovernmental agreement. Greg Moffet
seconded the motion. Diana Donovan questioned the length of the agreement. Attorney
Mire stated it was a one year lease, although the specific event for which this is requested
is a 1 day event. Donovan questioned the possibility of using the agreement for multiple
parties. Mire explained that would not be possible, as each event needed to be approved
by the Local Licensing Authority. A vote was taken on the motion and the motion passed
unanimously, 7-0.
The eighth item on the agenda was the Town Manager's Report. Town Manager
McLaurin stated he had nothing to add to the report.
As there was no further business, Greg Moffet made a motion to adjourn. Bill Jewitt
seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the
meeting was adjourned at 9:20 P.M.
Respectfully submitted,
Ludwig Kurz, Mayor
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ATTEST:
Lorelei Donaldson
Town Clerk
Minutes taken by Mary A. Caster
To: Vail Town Council
From: Russ Forrest
Date: April 2, 2002
Subject: Overview of financing options for Lionshead and Build-to line Policy
1. INTRODUCTION
The purpose of this discussion is to review the financing options for completing
the public improvements in the Lionshead Master Plan and to review the issues
related to encouraging private property owners to build to a specified line versus
a setback. In addition, some considerations are provided regarding the location
of a conference facility and potential next steps.
2. BACKGROUND
On March 18th the Vail Town Council reviewed the various public improvements
proposed in the Lionshead Master Plan. Staff received preliminary input that
Frontage Rd improvements, new streetscape, and dealing with circulation issues
were priority public improvements. Council also expressed their interest to
further explore a conference facility on the North Day lot.
3. LIONSHEAD FINANCING
The Lionshead Master Plan contemplates several alternatives for financing the
over $60 million in public improvements. An objective of the plan is to develop
creative financing to for public improvements to ensure private developers can
cost-effectively redevelop. The specific public financing options considered in
the plan include:
• Special Assessment District: This creates a new taxing district to fund the
public improvements. This financing tool does involve creating a new tax on
property owners within the District. A special assessment district was applied
to property owners in Lionshead to pay for the existing streetscape in the
Lionshead retail area.
• Tax Increment Financing (TIF): Tax increment financing allows the
community to capture a portion of tax revenues that normally goes to the
county and other taxing entities and then to utilize that revenue locally for
public improvements in a specific area. TIF does not raise taxes. It
reallocates the incremental property or sales tax revenues resulting from
improvements within the district and uses those revenues to repay bonds
issued to finance the improvements.
Impact Fees: The construction of public improemments in Lionshead may also
be funded through assessments on redevelopment projects according to their
estimated impact on streets and public infrastructure. However if considered,
it needs to be balanced with the incentives offered to encourage
redevelopment. This option could become a significant disincentive to
redevelopment if this is the only financing tool relied on.
• Real Estate Transfer Tax (RET): The real estate transfer tax will continue to
be source of funding for public recreation and open space in the Town of Vail
and should be utilized to the maximum extent possible for appropriate
projects in Lionshead.
• Municipal Bonds: Municipal bonds are an important option for funding public
improvements in Lionshead, although the issuance of bonds will likely require
and affirmative vote under the Tabor Amendment.
• Grants: The Town of Vail and private entities should aggressively seek grants
and a source of funding public improvements.
In addition to the public financing tools, private developers are anticipated to
share in the cost of the public improvements. Staff has calculated and received
impact fees for the Marriott and the Antlers based on their traffic generation
compared to total traffic volume on the Frontage Rd. Attachment A reviews the
above mentioned financing tools in more detail along with other financing options
to consider. Attachment B provides additional detail on Tax Increment
Financing.
4. BUILD TO LINES
The Lionshead Mixed Use Zone District has a setback requirement which states:
the minimum building setback shall be ten feet unless otherwise specified in the
Lionshead Master Pfan as a build-to line." The Lionshead Master Plan
specifically recommends reducing public pedestrian ways in certain areas of the
Lionshead retail area to create a more attractive retail environment. To meet this
requirement, developers will have to build on Town of Vail land. The Town
Council should also be aware that a revenue opportunity exists to create new
freestanding retail space at the East Entrance to the Lionshead Mall as specified
in the Lionshead Master Plan. The Town Council will need to answer the
following questions.
1) Does the Town Council want to sell or lease land?
2) At what value does the Town Council want to sell or lease land? Should that
value be below are at market value? It is recommended that a per square
foot value be developed and applied to all Town owned lands in Lionshead.
3) Should the value of public improvements paid for by a developer constructing
to the build to line be applied to the value of the land?
The Town Council did consider these issues with respect to the. Vail 21 Building
in 2001. The direction at that time was to sell the land at a markef value. Also
the Council offered attractive terms for repayment of the land. The Council was
also willing to accept receiving the value of surrounding public improvements
from Vail 21 as payment for Town land. Please see attachment C for build-to
lines.
5. Conference Facility
On March 19, 2002 the Town Council expressed interest in further exploring a
conference facility on the North Day lot. Staff has begun to evaluate
considerations for alternative sites and potential next steps below.
3.1 Alternative Sites
North Day Lot:
• The site is being offered by Vail Resorts for a conference facility. Land is
extremely valuable in Vail. The Charter Bus Site was considered for 4 uses
in the Vail Center process: conference facility, performing arts, 2"d Sheet of
Ice, and a family recreational center. By locating a conference facility on the
North Day lot the charter bus lot. can be considered for other uses.
• Business community appears to support a conference facility that is not
connected to other uses (recreational and cultural uses).
• A conference facility will compliment a new retail environment and hotel in the
Lionshead Mall. A North Day Lot conference facility will also contribute to the
goal of creating a vibrant retail environment in Lionshead.
• The North Day lot will be located in close proximity to new hotel rooms at the
Gondola site and the Marriott.
• The North Day lot was proposed for a Transportation facility to address
circulation conflicts between pedestrians, buses, shuttle busses, and skier
drop-off vehicles.. The conference facility will displace the circulation
functions proposed on the North day lot.
• As Vail Resorts proposed the conference facility it would include over 250
structured parking spaces. This could add approximately $6.2 million to the
cost of the facility compared to a conference facility on the charter bus lot site
beside the existing Lionshead parking structure.
• Circulation is difficult on the site.
Charter Bus Lot:
• This site is centrally located between Lionshead and the Vail Village.
• A conference facility could utilize Dobson Ice rink for exhibitions. This was
considered a major benefit in the market analysis for the Vail Center
conference facility.
• The Evergreen Lodge, if redeveloped, could provide new hotel rooms in close
proximity to a conference facility on the charter bus lot.
• The Town would need to determine if other uses would be included on this
site. By not building the conference facility on the Charter Bus lot, this site
could then be considered for other uses.
• This site would be well served on the In-Town Bus.
Integrate Conference Facility with a Hotel
A conference facility is most successful if physically connected to a hotel.
Several of the Town's hotels have 8000 to 10,000 square foot ball rooms.
The potential incremental cost of developing a 20,000 square foot ball room
would be significantly less expensive then creating a free standing facility.
The operational costs could be potentially accommodated by the private hotel
operator.
3.2 Potential Next Steps for a Conference Facility
• Determine if any private interests would like to run a campaign for capital
funding and potentially operate the facility.
• Determine what site should be further considered for a conference facility.
• .Determine who will manage the project. Staff capacity to manage the project
is very limited with the current number of development review project. In
addition, staff would recommend that this a project manager be dedicated full
time to this project.
• Develop a capital cost estimate for the facility.
• Develop an operational budget and plan for the facility.
• Obtain capital funding for the facility. If public funding is needed and
requires a public vote, both the capital budget and operational plan needs to
be completed by July to provide adequate time to create a ballot initiative. for
November.
3. NEXT STEPS
The following next steps need to occur in the next four to five weeks.
1. Staff in cooperation with Vail Resorts and other potential private
developers would like to develop a draft cost sharing proposal for the Vail
Town Council to consider. A council member or two may want to
participate in these discussions.
2. A follow-up meeting(s) will be needed between Vail Resorts and the Town
Council to finalize a cost sharing agreement so that the Town has a clear
understanding of what the private sector is paying for and what public
funding is needed.
3. Begin the process to secure public funding, if required, to build the site.
This could include creating special districts and or ballot initiatives.
4. While discussions are moving forward on Lionshead, it is recommended
that the parking committee reconvenes and develops a recommendation
for a long term parking solution. It will be critical to know whether
additional parking should be developed at the proposed employee
parking structure, at the Holy Cross-site, on the Frontage Rd., and/or the
Lionshead parking structure.
Attachments:
A. Funding Options
B. TIF Overview
C. Build To lines
ATTADHMENT A
FUNDING OPTIONS
Option Value Pros Cons
Debt Service or Gash Up to $4 million It does not require a This source of
using the Capital may be available new revenue source funding is
Projects Fund per year. This It could finance the inadequate to pay for
source of funding streetscape Frontage Rd
might be improvements, which improvements and
adequate for is critical for the North Day lot
funding the $4 improving the retai{ transit facility
million in environment. Lionshead
streetscape improvements would
improvements compete with other
over several capital projects.
ears.
General Mill Levy 1 mil increase = Straight forward • Most likely would not
Increase: (Property $7 million in process for election be successful if there
Tax) This requires a bonding capacity Everyone in Vail are other competing
vote of registered assuming a 25 pays questions on the
voters in Vail. year loan ballot i.e. Vail Center
• It is a new tax
• Residents outside of
Lionshead may
argue this does not
directly support their
ro ert .
Option Value Pros Cons
Business 1 mil increase in Inadequate tax base
Improvement District, Lionshead would More secure fund for for significant debt
or a Special generate bonding service.
Improvement District $58,000/year in People that benefit Significant new
or a special debt service most pay for the property tax for
assessment: These payment costs owners in District.
are all tools to increase • Cost would be
property tax within the 1 million/yr. debt passed on, most
geographic area that service payment likely, to businesses
the improvements are for 25 yr. _ $13 leasing property.
occurring: They require million
a vote of property
owners within the
district
• Straight forward Sales Tax is already
Sales Tax - Requires a 1 % increase in process for election high compared to
vote of all registered sales tax = $3.8 Everyone in Vail pays other Colorado
voters million/year or jurisdictions.
$44 million in
bonding
ca acit
Tax Increment Tif is not a new tax. It generates revenue based on projected
Financing (TIF) increases in property values and sales tax. Instead of new
incremental property or sales tax going to other taxing entities
(county, schools) they would go to pay for improvements in the
district. The other taxing entities still make the same amount of
revenue that they did prior to the formation of a district. There are
two ways to create a TIF district: 1) Urban Renewal Authority and
2) a Downtown Development Authori
Urban Renewal Could generate Not a new tax to Requires a
Authorit (URA): A $29 million if
URA requires the Town fund used both property owners declaration of blight.
to create a plan that sales and Requires 1 vote when Property owners
identifies the property tax. ready to bond by concerned about
improvements and a It would only registered voters property being
district. Then Vail generate $16 Does not require the declared blighted
registered voters must million if property creation of another and condemnation.
approve of the Town tax is used political body County has not
.issuing debt. been supportive to
date.
Down-Town Could generate Requires a resolution Requires a vote of
Development $29 million if to prevent blight all property owners
Authority (DDA): fund used both versus declaring in the District to
Requires a vote to sales and blight. create the District
create the District and a property tax. There are no and a 2"d vote to
vote to issue bonds. It It would only additional bond.
also involves creating a generate $16 condemnation Requires a separate
separate board to million if property powers with a DDA. board to manage
oversee the revenue tax were used. All property owners in TIF fund.
and the capital projects district get to vote - County has not
called out for in the this is a positive to been supportive to
plan. Property owners, some homeowners date. The County
time-share owners, and and not to others.- clerk considers this
individuals holding a significant
leases in the district logistical problem.
vote in a DDA.
ATTACHMENT B
TIF
MEMORANDUM
To: Vail Town Council
From: Dominic Mauriello, Chief of Planning
Date: April 11, 2000
Subject: Lionshead Redevelopment -Tax Increment Financing (TIF)
Introduction
As you may recall from the Lionshead Redevelopment Master Plan and the two year process
that resulted in its adoption, the Town discussed options for paying for public improvements in
the Lionshead area. Tax Increment Financing (TIF) was one of the options discussed and is
one of the methods identified during that process that will produce the kind of bonding capacity
needed to fund improvements in Lionshead over the next 20 years. The Lionshead
Redevelopment Master Plan identified numerous public improvements to be completed.
Examples of public improvements identified are: the new transportation center on the north day
lot; S. Frontage Road improvements; reconfiguration of the East Lionshead Circle bus stop
area; pedestrian area improvements; etc. (see attached portion of Lionshead Redevelopment
Master Plan for detailed descriptions of improvements).
This memo is intended to provide an overview of Tax Increment Financing and explain its use
as a redevelopment tool and the distinctions between Urban Renewal Authorities (URA) and
Downtown Development Authorities (DDA) which are the two types of vehicles for implementing
TIF having applicability in the Town of Vail. Other financing mechanisms have also be
researched including: Special Assessment Districts, raising the mill levy, general obligations
bonds, etc.
What is Tax Increment Financing a.k.a. TIF?
Tax increment financing is a tool utilized by municipalities to finance public improvements in
identified areas of need, known as redevelopment districts. This tool is not new and has been
utilized around the country for decades to fund public improvements and encourage
redevelopment. In Colorado as of 1993, there were 18 cities utilizing tax increment financing
(15 through Urban Renewal Authorities (URA) and 3 through Downtown Development
Authorities (DDA)).
The following is a simplified version of how it works. Once an URA or DDA has been
established, the Town is able to adopt a plan to use TIF. Once a redevelopment district is
established and a plan is adopted, the property tax base for the redevelopment district is frozen.
This means that after the date of plan adoption, the assessed value to which the mill Levy for the
Town, the water district, school district, and the County would be the same. each year with
adjustment for general reassessments. For example, if the assessed value in a redevelopment
district is $1 million on the date of plan adoption, then the mill levy for each of the overlapping
taxing jurisdictions is applied to that $1 million assessed value each year of the plan. As the
properties in the redevelopment district begin to increase in value due to the redevelopment
,~
Tl1WN OF UAIL
efforts, that increase in assessed value times the combined mill levy of the overlapping taxing
jurisdictions goes to the URA or DDA. For example, if the assessed value of property in the
district increases to $10 million in year 5 of the plan, the taxes derived from multiplying the
combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the
mill levy times the $9 million increase goes to the URA and DDA So revenues that would have
ended up with the county and other entities through increases in tax revenues, stay in the Town
of Vail and, more specifically, in the redevelopment district. The plan can also affect Town sales
tax revenues; but not State or County revenues. The plan can dedicate sales tax revenues
above the base year revenues to the URA or DDA. No new taxes are established using TIF nor
are taxes increased. The revenues produced by increased property values and increased retail
sales activity are simply redistributed to benefit the redevelopment district. The following graph
represents how revenues are captured by the redevelopment district.
$ Assessed
Values
Incremental Assessed Value in Future Years
i
/ / / Growth in assessed
/ / value captured in
/ redevelopment
/ / district
..r ................... .............................................................
Assessed
Base Year Assessed Value value used
by taxing
agencies
Time
The redevelopment district can capture sales tax or property tax or both. Therefore, the
redevelopment district is not precluded from only capturing property tax increases and leaving
sales tax as it exists or vice versa.
Once these revenues are captured, this new stream of revenue can be utilized to pay debt
service on bonds that are issued by the Town for public improvements. Bonding is necessary,
as it would take a period of time to acquire enough revenue to fund public improvements.
Lending institutions find TIF a very stable source of revenue and therefore. readily lend money
2
when secured by TIF. Bonds are only put in place once construction of public improvements
begins.
TIF can be utilized for up to 25 years from the date of establishment.
Two vehicles exist by state law to allow TIF that have applicability to the Town of Vail. They are
the Urban Renewal Authority and the Downtown Development Authority. A comparison of the
two vehicles is provided below.
Characteristics of the Downtown Development Authority and the Urban Renewal
Authority.
How are they formed?
Urban Renewal Authority
Any 25 electors of the Town file a petition
with the Town Clerk. After a hearing, the
Town Council passes a resolution
establishing the Urban Renewal Authority
and district boundary.
Downtown Development Authority
The Town Council determines that a DDA
is necessary for the public health, safety,
prosperity, security, and welfare of the
Town. By ordinance, the Town Council
shall submit a question for the ballot for
the next general or special election.
Who can vote in an election to form a redevelopment area?
Urban Renewal Authority
No election is necessary.
Downtown Development Authority
Residents, landowners, lessees,
corporations, second homeowners, and
condo owners located in the area set for
the DDA may vote.
What findings are required in order to form a redevelopment area?
Urban Renewal Authority
By resolution, the Town Council must find
that at least 4 of 12 factors are present in
the area being considered which qualify it
as a blighted area or a slum. As an
example here are some potential findings
or conditions: Predominance of defective
or inadequate street layout; Deterioration
of site or other improvements;
Inadequate public improvements or
utilities; Buildings that are unsafe or
unhealthy for persons to live or work in
because of building code violations,
dilapidation, deterioration, defective
Downtown Development Authority
The Town Council must find that
corrective actions must be taken to halt
or prevent the deterioration in property
values or to halt or prevent the growth of
blighted areas.
3
design, physical construction, or faulty or
inadequate facilities; unusual
topography; etc.
Who can be a member of the Authority which directs actions in the designated area?
Urban Renewal Authority
The Town Council can designate itself to
act in the capacity of the Authority. If a
separate authority is established, only
one of its members can be a Town
Council person.
Downtown Development Authority
One member of the Town Council must
be a member of the authority and a
majority of the members must reside, be
a business lessee, or own property in the
redevelopment area. The Town Council
may not designate itself as the Authority.
Is a redevelopment plan required to be adopted?
Urban Renewal Authority
Prior to the use of tax increment
financing, a redevelopment plan must be
adopted directing activities to occur in the
area.
Downtown Development Authority
Prior to approving redevelopment
projects, a redevelopment plan shall be
adopted directing activities to .occur in the
area.
What other governmental agencies are involved in the development of the plan?
Urban Renewal Authority
If tax increment financing is being used,
the school district shall be allowed an
opportunity to participate in an advisory
role. The County must be provided a
copy of the plan but is not required to
take any action. The Planning and
Environmental Commission is required to
review the plan and make
recommendations to the Town Council.
Downtown Development Authority
If tax increment financing is being used,
the school district shall be allowed an
opportunity to participate in an advisory
role. The Planning and Environmental
Commission is required to review the
plan and make recommendations to the
Town Council.
4
What sort of powers does the Authority have?
Urban Renewal Authority
The URA has the power to:
Downtown Development Authority
The DDA has the power to:
~r Issue bonds
~ Undertake redevelopment projects
~ Develop plans for redevelopment to
submit to the Town Council
~•- Acquire property
~- Condemn property
The URA does not have the power to:
~ Levy taxes
~ Levy taxes
~ Propose redevelopment plans
~- Implement plans for development
~- Acquire property
The DDA does not have the power to:
~ Condemn property
~ Issue bonds, on its own behalf
In order for the Town to issue bonds for activities in the redevelopment area, who
can vote?
Urban Renewal Authority
Any registered electors in the Town of
Vail.
Downtown Development Authority
Residents, landowners, lessees,
corporations, second homeowners, and
condo owners located in the area set for
the DDA.
F:\EVERYONE\DOM\TIF\ura-dda2.doc
5
Tax Increment--Financing -- -------
Patrick L. Dugan
Introduction
Some of my readers have requested an article on Tax Increment
Financing (TIF). I have been reluctant to dive into that subject
because I have very little experience with this financing mechanism.
TIF is not practiced in Washington State since it is ~ enerally
considered to be unconstitutional under the state constitution (even
though there is authority for Tax Increment Financing in state law).
However, as my readers may have noted in the past, my lack of
knowledge on a subject has not necessarily deterred me from
pontificating on it. So here goes.
The tax increment concept
Tax Increment Financing can be a very powerful and effective
tool to finance necessary public facilities to support growth. The idea
behind TIF is straightforward. New development will generate
additional revenue through future taxes on That development, even
without any increase in tax rates or applying any-new taxes. TIF
merely captures the additional revenue from new development to
finance the new facilities needed to make new development possible.
Tax Increment Financing
Current
Taces
Totes! Future
Taxes After Development
~~
y ~ , Pays
Debt
~ ~ l I. "Tnz In IvIement^ Service
~I i __
i'~- ----^-'-`\
Future Taxes
Undeveloped
Property
Time
The above figure illustrates how this works. The value of vacant
land generates a given amount of taxes. As this property appreciates
in-value over time, it will generate more tax revenue. However if the
property is developed, its value increases much more. This increase
in value generates additional tax revenue over and above the revenue
.that would be generated by the vacant land alone. This difference is
the "tax increment."
In a typical tax increment financing situation, the local
government will finance the infrastructure needed to support the
development by borrowing the money to build the facilities by issuing
bonds. The future revenue flow from the "tax increment" is formally
committed to pay off these bonds with interest.
Since this process can work for large developments without
increasing any tax rates or adding any new taxes or fees, it has
powerful appeal to jurisdictions wishing to promote economic
development or redevelopment of blighted areas. Irt contrast, most
other financing tools, such as local improvement districts. im~olve
adding new taxes, fees or assessments on the new development.
Issues with TIF
However, there is no such thing as a "free lunch" and TIF raises
significant issues that should be evaluated by anyone considering it as
a financing tool. Sind TIF involves borrowing money to finance
facilities, it involves risk. A local government must be careful not to
initiate this process on speculative
developments. It must be sure that the
anticipated development will actually
occur so that additional revenue will be
available to pay off the debt. If such
development does not occur, or occurs
at a level less than planned, the
jurisdiction will need to divert money
from other uses to pay off the debt.
Such situations can have severe long-
range financial implications Tor the
jurisdiction.
A major difficulty with TIF is that ~~~`~ar=s;"`pis
by capturing future tax revenues from Pat Dugan
growth and dedicating it to financing
infrastructure, it diverts that revenue from outer purposes. By locking
up future revenues for debt service on capital facilities, these
revenues will not be available to support ongoing services such as
police and fire protection, even though The new development will
add demand for these services. If there are only a few TIF projects,
the increased demand for services may be easily absorbed without too
much difficulty. However, if this mechanism is used too much; future
services could become severely constrained due to inadequate
funding.
In most states where TIFs are used, the sponsoring jurisdiction
(usually cities) can capture or divert the future tax revenue that
would otherwise go to other jurisdictions such as school districts and
counties. Such power to divert these revenues is usually necessary in
order to generate enough revenue to finance the facilities needed to
make the system viable. However, such diversion makes TIF a bit of a
"robbing-Peter-to-pay Paul" scheme and is often resisted by other
jurisdictions. For this reason, and others noted above, it is important
to apply this mechanism. only where an aggressive reshucturing of
financial relationships is appropriate in order to make a highly
desirable development project feasible. For example, many believe
that TIF should be limited to redevelopment of severely blighted
areas. The high public costs associated with such blighted areas
justify and offset diverting fuhre revenues to remove this blight
through reinvestment with this type of financing.
Informal versus formal TIF
Tax Increment Financing is usually thought of as a formal
process of legally committing future revenues to finance specific
public capital projects as described above. However, it can also be
thought of as an informal process that has consicterable practical
value. '
The idea that new development will add addifional revenues that
can be used to finance new facilities is a common idea that underlies
almost any public financing proposal. It is very common to add up
these revenues and compare them to future costs to understand the.
impact of new development on public nuance. If the revenues exceed
the costs, it is logical to think that- the new development is positive and
that using. public resources to stimulate this development may be
appropriate. Tltis analytical process can be thought of as informal tax
increment financing, and it is routinely practiced even where formal
Tax Increment Financing may not be legal.
Conclusion
Formal TIF is one of the most powerful financing tools that local
government may have in its Toolbox to promote desired development
or redevelopment. However, it has serious adverse financial
hnplications if it is too extensively and readily applied. By diverting
future revenues for capital projects, TIF makes those revenues
unavailable to respond to ntture operational needs. TIF should be
used only sparingly; only in those situations where the desired
development is both guaranteed; and in locations where it would not
otherwise ocetar with use of Tax Increment Financing. ^
December, 1999.5 t
Attachment C
Build To Lines
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MAP S -
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ORDINANCE N0.4
Series of 2002
AN ORDINANCE AMENDING TITLE 12, CHAPTER 3, ADMINISTRATION AND
ENFORCEMENT, OF THE VAIL TOWN CODE, TO ESTABLISH CRITERIA FOR
CONSIDERATION AND FINDINGS FOR ZONE DISTRICT AMENDMENTS TO THE OFFICIAL
TOWN FO.VAIL ZONING MAP AND TEXT AMENDMENTS TO TITLE 12, ZONING
REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the establishment of criteria for consideration and findings for requests to
amend the Official Zoning Map of the Town of Vail and to amend the text of the Zoning
Regulations is of utmost importance to the Town to ensure a fair and efficient amendment
review process; and
WHEREAS, the Town Council believes that it is imperative that the Vail Town Code be
amended to include established criteria and necessary findings to Zoning Regulation and Zoning
Map amendment requests; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this text amendment at its March 25, 2002, meeting, and has
submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Title 12, Chapter 3 of the Vail Town Code shall hereby be amended as
follows:
(deletions are shown in ~}~~'-° +"~^~ ~^"/additions are shown bold)
12-3-7: AMENDMENT:
B. Initiation:
2. A petition for amendment of the regulations or a change in district boundaries shall be
filed on a form to be prescribed by the Administrator. The petition shall include a
summary of the proposed revision of the regulations, or a complete description of
proposed changes in district boundaries and a map indicating the existing and proposed
district boundaries. If the petition is for a change in district boundaries, the petition shall
include a list of the owners of all properties within the boundaries of the area to be
rezoned or changed, and the property adjacent thereto. The owners' list shall include the
name of all owners, their addresses, and ' ^ the legal description of the property
owned by each. Accompanying the list shall be stamped, addressed envelopes to each
owner to be used for the mailing of the notice of hearing. The petition also shall include
such additional information as prescribed by the Administrator.
C. Criteria And Findings:
1. Zone District Boundary Amendment
Factors, Enumerated: Before acting on an application for a zone district
boundary amendment, the Planning & Environmental Commission and Town
Council shall consider the following factors with respect to the requested zone
district boundary amendment:
Ordinance No. 4, Series 2002
a. The extent to which the zone district amendment is consistent with the
applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
b. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and potential
surrounding land uses; and
c. The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
d. The extent to which the zone district amendment provides for the
growth of an orderly viable community and does not constitute spot
zoning as the amendment serves the best interests of the community as
a whole; and
e. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including but not limited
to water quality, air quality, noise, vegetation, riparian corridors,
hillsides and other desirable natural features; and
f. The extent to which the zone district amendment is consistent with the
purposes of the proposed zone district.
g. The extent to which the zone district amendment demons#rates how
conditions have changed since the zoning designation of the subject
property was adopted and is no longer appropriate.
h. Such other factors and criteria as the Commission and/or Council deem
applicable to the proposed rezoning.
Necessary Findings: Before recommending and/or granting an approval of an
application for a zone district boundary amendment the Planning & Environmental
Commission and the Town Council shall make the following findings with respect
to the requested `amendmen#:
a. That the amendment is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible
with the development objectives of the Town; and
b. That the amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
c. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality.
2. Prescribed Regulations Amendment
Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in Title 12, the Planning & Environmental Commission
and Town Council shall consider the following factors with respect to the
requested text amendment:
a. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
b. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
c. The extent to which the text amendment demonstrates how conditions have
Ordinance No. 4, Series 2002 2
substantially changed since the adoption of the subject regulation and how
the existing regulation is no longer appropriate or is inapplicable; and
d. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
e. Such other factors and criteria the Commission and/or Council deem
applicable to the proposed text amendment.
Necessary Findings: Before recommending and/or granting an approval of an
application for a text amendment the Planning & Environmental Commission and
the Town Council shall make the following findings with respect to the requested
amendment:
a. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
b. That the amendment furthers the general and specific purposes of the
Zoning Regulations; and
c. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality.
G: D. .Fee: The Town Council shall set a fee schedule for petitions for amendment of the
regulations of this Title or a change in district boundaries, sufficient to cover the cost of
Town staff time and other expenses incidental to the review of the petition.
B.E. Hearing: Upon filing of a petition for amendment or upon initiation of an amendment by
the Town Council, Planning and Environmental Commission, or Administrator, the
Administratorshall set a date for hearing in accordance with the provisions of
subsections 12-3-6C and D of this Chapter.
€:F. Planning And Environmental Commission Recommendation: Within twenty (20) days of
the closing of a public hearing on a proposed amendment, the Planning and
Environmental Commission shall act on the petition or proposal. The Commission may
recommend approval of the petition or proposal as initiated, may recommend approval
with such modifications as it deems necessary to accomplish the purposes of this Title,
or may recommend denial of the petition or rejection of the proposal. The Commission
shall transmit its recommendation, together with a report on the public hearing and its
deliberations and findings, to the Town Council.
~.G. Hearing By Town Council: Upon receipt of the report and recommendation of the
Planning and Environmental Commission, the Town Council shall set a date for hearing
in accordance with subsection 12-3-6B of this Chapter.
6.H. Action By Town Council: Within twenty (20) days of the closing of a public hearing on a
proposed amendment, the Town Council shall act on the petition or proposal. The Town
Council shall consider but shall not be bound by the recommendation of the Planning
and Environmental Commission. The Town Council may cause an ordinance to be
introduced to amend the regulations of this Title or to change district boundaries, either in
accordance with the recommendation of the Planning and Environmental Commission or
in modified form, or the Council may deny the petition. If the Council elects to proceed
with an ordinance amending the regulations or changing district boundaries, or both, the
ordinance shall be considered as prescribed by the Charter of the Town. (Ord. 49(1979)
§§ 2, 3: Ord. 50(1978) § 17: Ord. 16(1978) § 8: Ord. 8(1978) § 21.500: Ord. 8(1973) §§
21.501, 21.504, 21.506)
Ordinance No. 4, Series 2002 3
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed .or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency.. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2"d day of April, 2002 and a public
hearing for second reading of this Ordinance set for the 16th day of April, 2002, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 4, Series 2002 4,
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of
April, 2002.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 4, Series 2002 5
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: March 11, 2002
SUBJECT: A request for a final review of a text amendment to Title 12, Chapter 3,
Administration and Enforcement, of the Vail Town Code, to establish criteria
for consideration and findings for zone district amendments to the Official
Town of Vail Zoning Map and text amendments to Title 12, Zoning
Regulations, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: George Ruther
1. DESCRIPTION OF THE REQUEST
The Town of Vail Community Development Department is requesting to amend the Vail
Town Code. Amendments to the Vail Town Code are permitted pursuant to Section 12-3-7.
The proposed amendment to the Town Code is intended to establish criteria for
consideration and findings for amendments to the regulations prescribed in Title 12 (Zoning
Regulations) and zone district boundaries. Sections f2-3-7A of the Town Code states,
"The regulations prescribed in this Title and the boundaries of the districts shown on
the Official Zoning Map maybe amended, or repealed by the .Town Council in
accordance with the procedures prescribed in this Chapter. "
Further, Section 12-3-7B states, in part, that,
"An amendment of the regulations of this Title or a change in district boundaries may
be initiated by the Town Council on its own motion, by the Planning and
Environmental Commission on its own motion, by petition of any resident or property
owner in the Town, or by the Administrator. "
While the Vail Town Code provides a procedure for amendments to prescribed regulations
and zone district boundaries, it does not provide criteria and findings to be used by the
reviewing and approving bodies when evaluating the request. Staff believes that it is
imperative that the Vail Town Code be amended to include criteria for consideration and
findings for amendments to the prescribed regulations and zone district boundaries. The
absence of established criteria and required findings results in unnecessary exposure to
claims against.the Town and its boards for arbitrary and capricious decision making.
Equally as important, however, it is basic and useful tool in the planning practice.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning & Environmental
Commission forwards a recommendation of approval to the Vail Town Council of the
~.
TOWN OF PAIL ~~
proposed text amendments to Title 12, Chapter 3, Administration and Enforcement, of the
Vail Town Code, to establish criteria for consideration and findings for amendments to the
prescribed regulations and zone district boundaries of the Official Town of Vail Zoning Map.
Staff's recommendation of approval is based upon input received from the Town Attorney
and basic land use law practices. Should the Planning & Environmental Commission
choose to recommend approval of the proposed amendments staff recommend that the
following findings be incorporated into a motion:
That the proposed text amendments are consistent with the Town of Vail's
development objectives; and
2. That the proposed text amendments are compatible with procedures prescribed for
zone district amendments as outlined in Section 12-3-7 of the Vail Town Code; and
3. That the proposed text amendments are necessary to further the administration and
enforcement of Title 12 of the Vail Town Code; and
4. That. the proposed text amendments will reduce the likelihood of claims against the
Town and its boards for arbitrary and capricious decision-making as they minimize
the abuse of discretion in amendment applications; and
5. That the proposed text amendments are in the best interest of the public health,
welfare and safety of the community as they advance the public purpose of the
zoning regulations.
III. PROPOSED TEXT AMENDMENT
The Community Development Department is proposing the following changes:
12-3-7: AMENDMENT:
A. Prescription: The regulations. prescribed in this Title and the boundaries of the
districts shown on the Official Zoning Map may be amended, or repealed by the
Town Council in accordance with the procedures prescribed in this Chapter.
B. Initiation:
1. An amendment of the regulations of this Title or a change in district boundaries may be
initiated by the Town Council on its own motion, by the Planning and Environmental
Commission on its own motion, by petition of any resident or property. owner in the
Town, or by the Administrator.
2. A petition for amendment of the regulations or a change in district boundaries shall be
filed on a form to be prescribed by the Administrator. The petition shall include a
summary of the proposed revision of the regulations, or a complete description of
proposed changes in district boundaries and a map indicating the existing and proposed
district boundaries. If the petition is for a change in district boundaries, the petition shall
include a list of the owners of all properties within the boundaries. of the area to be
rezoned or changed, and the property adjacent thereto. The owners' list shall include the
name of all owners, their addresses, and a a1 legal description of the property
owned by each. Accompanying the list shall be stamped, addressed envelopes to each
owner to be used for the mailing of the notice of hearing. The petition also shall include
such additional information as prescribed by the Administrator.
C. Criteria And Findings:
1. Zone District Boundary Amendment
Factors, Enumerated: Before acting on an application for a zone district boundary
amendment, the Planning & Environmental Commission and Town Council shall
consider the following factors with respect to the requested zone district
boundary .amendment:
a. Th.e extent to which the zone district amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined
in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
b. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and potential
surrounding land uses; and
c. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives; and
d. The extent to which the zone district amendment provides for the growth
of an orderly viable community and does not constitute spot zoning as the
amendment serves the best interests of the community as a whole; and
e. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including but not limited to
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features; and
f. The extent to which the zone district amendment is consistent with the
purposes of the proposed zone district.
g. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the subject
property was adopted and is no longer appropriate.
Necessary Findings: Before recommending and/or granting an approval of an
application for a zone district boundary amendment the Planning & Environmental
Commission and the Town Council shall make the following findings with respect to
the requested amendment:
a. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and compatible with the
development objectives of the Town; and
b. That the amendment is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves anal enhances its
natural environment and its established character as a resort and
residential community of the highest quality.
2. Prescribed Regulations Amendment
Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in Title 12, the Planning & Environmental Commission and
Town Council .shall consider the following factors with respect to the requested
text amendment:
a. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
b. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
c. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how
the existing regulation is no longer appropriate or is inapplicable; and
d. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
Necessary Findings: Before recommending and/or granting an approval of an
application for a text amendment the Planning & Environmental Commission and the
Town Council shall make the following findings with respect to the requested
amendment:
a. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
b. That the amendment furthers the general and specific purposes of the
Zoning Regulations; and
c. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality.
GD. Fee: The Town Council shall set a fee schedule for petitions for amendment of the
regulations of this Title or a change in district boundaries, sufficient to cover the cost of
Town staff time and other expenses incidental to the review of the petition.
~9.E. Hearing: Upon filing of a petition for amendment or upon initiation of an amendment by the
Town Council, Planning and Environmental Commission, or Administrator, the Administrator
shall set a date for hearing in accordance with the provisions of subsections 12-3-6C and D
of this Chapter.
~F. Planning And Environmental Commission Recommendation: Within twenty (20) days of the
closing of a public hearing on a proposed amendment, the Planning and Environmental
Commission shall act on the petition or proposal. The Commission may recommend
approval of the petition or proposal as initiated, may recommend approval with such
modifications as it deems necessary to accomplish the purposes of this Title, or may
recommend denial of the petition or rejection of the proposal. The Commission shall
transmit its recommendation, together with a report on the public hearing and its
deliberations and findings, to the Town Council.
~.G. Hearing By Town Council: Upon receipt of the report and recommendation of the Planning
and Environmental Commission, the Town Council shall set a date for hearing in
accordance with subsection 12-3-6B of this Chapter.
C.H. Action By Town Council: Within twenty (20) days of the closing. of a public hearing on a
proposed amendment, the Town Council shall act on the petition or proposal. The Town
Council shall consider but shall not be bound by the recommendation of the Planning and
Environmental Commission. The Town Council may cause an ordinance to be introduced to
amend the regulations of this Title or to change district boundaries, either in accordance
with the recommendation of the Planning and Environmental Commission or in modified
form, or the Council may deny the petition. If the Council elects to proceed with an
ordinance amending the regulations or changing district boundaries, or both, the ordinance
shall be considered as prescribed by the Charter of the Town. (Ord. 49(1979) §§ 2, 3: Ord.
50(1978) § 17: Ord. 16(1978) § 8: Ord. 8(1978) § 21.500: Ord. 8(1973) §§ 21.501, 21.504,
21.506)
Approved 03/25/02
Mike Coughlin proposed that the project be approved with conditions such as a maximum ridge
height or sidewalk width, etc.
Erickson Shirley made a motion to table this application, noting specific issues to be addressed by
the applicant.
Chas Bernhardt seconded the motion.
John Schofield noted several issues to be addressed:
1. Grading plans and berming be submitted.
2. CDOT approval
3. Revision of Learning Center parking and drop-off (6 parking space reduction).
4. Noise mitigation plan be submitted.
5. Step down buildings G & H.
6. Show pedestrian circulation.
7. That the DRB look at the garage doors at entrance.
8. That the DRB looks at landscaping along Frontage Road.
9. _ That the recreation area be relocated.
10. That the applicant address snowshedding and run-off.
The motion passed by a vote of 5-2 ,with Schofield and Golden opposed.
8. A request for a final review of a text amendment to Title 12, Chapter 3, Administration and
Enforcement, of the Vail Town Code, to establish criteria for consideration for text
amendments and rezoning requests and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: George Ruther
George Ruther presented an overview of the staff memorandum. He also noted the proposed text
amendments have been revised to address the Commission's recommendations from their
previous hearing of this item.
John Schofield requested that proposed criteria language referring to morals.
George Ruther and Matt Mire commented that this portion of the text could be removed.
Erickson Shirley asked where this proposed language came from, and George Ruther replied that
this language is based upon Chapter 1 of the Zoning Ordinance.
Erickson Shirley also voiced concerns about using language general to .the code in specific zoning
changes. He voiced concerns about the proposed language referring to the health, safety, and
public welfare as a criteria.
Matt Mire replied that each proposal does not need to enhance safety, but address the issue and
maintain the status quo.
Dominic Mauriello voiced concerns about Criteria C, which refers to the conservation or
enhancement of the natural environment.
Matt Mire replied that he is comfortable with the proposed text or Mr. Mauriello's proposed text
amendments.
Erickson Shirley voiced his agreement with Mr. Mauriello's concerns.
10
Approved 03/25/02
Mr. Mauriello noted that he is in agreement with 98% of the proposed text, and that he only has
concerns with a few words in the proposed text. He also expressed his concerns about an
applicant's ability to meet the requirements of criteria E if the Town rigidly enforces the proposed
language.
John Schofield commented that Mr. Mauriello represents Vail Mountain School and his wife is a
board member for the school, however, he does not believe he has a conflict of interest on this
item.
Erickson Shirley stated that the language of the proposed text should be clear as to if the applicant
needs to promote an issue or have no negative impacts.
Brian Doyon stated that he is comfortable with the text as proposed. He also commended staff on
their proposal
Chas Bernhardt stated that he is comfortable with the text as proposed.
Doug. Cahill stated that he is comfortable with the text as proposed.
John Schofield stated that he is comfortable with the text as proposed. He also-recommended that
criteria H should refer to any of factors for review as determined by the Commission or Council.
Diane Golden stated that she is comfortable with the text as proposed.
Galen Aasland stated that he is comfortable with the text as proposed. He recommended that Mr.
Mauriello meet with staff prior to Council to further discuss his concerns.
Brian Doyon made a motion for approval in accordance with criteria and findings of the staff
memorandum with the addition of criteria H as proposed by Commissioner Schofield.
George Ruther clarified that this will be added as criteria H and as criteria E.
Diane Golden seconded the motion.
The motion passed by a vote of 7-0.
9. A request for a worksession to discuss planning issues and studies that should be
recommended to the Town Council for action.
Planner: Russ Forrest
MOTION: Chas Bernhardt SECOND: Brian Doyon VOTE: 7-0
TABLED
10. A request for a variance from Section 12-6H-6 (Setbacks), Vail Town Code, to allow for the
remodel of Vail Townhouses, Units 2A & 2C, located at 303 Gore Creek Drive, Lot 2, Block
5, Vail Village 1St Filing.
Applicant: Vickie Pearson, represented by Pam Hopkins
Planner: George Ruther
TABLED UNTIL APRIL 8, 2002
11. Approval of February 11, 2002
12. Information Update
11
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Proposal for Commission on Special Events
1) The Commission on Special Events (CSE) will serve as a clearinghouse for
funding ofnon-cultural Special Events.
2) A private, non-profit, based in Vail, Colorado 501(c) 3, will be created to
facilitate the establishment of the CSE.
3) The CSE will be comprised of five (5) voting members. All voting members will
have direct ties to the Vail community. The voting members will be comprised of
one Retail representative; one Restaurant representative, one Lodging
representative, one TOV council member and one At Large representative.
4) The nominations for voting members will be screened jointly by the VVCTB and
VCBA. All candidates must reside or work in the Town of Vail. Selection
criteria will be based on the availability to serve and experience with Special
Events.
5) The CSE will also have an ex-officio, non-voting, component made up of Special
Event experts, whose role will be to advise and serve as a source of contacts
within the Special Events industry. Requests to participate will be made to VRD,
VVCTB, VCBA, VVF and VRI. The five voting members of the CSE will
determine future composition of the ex-officio component, with organizations
added or removed asneeded.
6) TOV agrees to annually fund the CSE at a minimum of the 2002 level of
$695,500.00.
7) The CSE will determine how the group will be administered. It is understood that
the administrator may need to be paid a fee from the budget allocated by Town
Council. Unspent administration fees will be returned to the CSE operating
budget.
8) Sponsorship sales commissions earned by the CSE or its members will be split,
with fifty percent (50%) going to the selling entity and fifty percent (50%) being
returned to the CSE budget. y
9) All Special Event Contracts involving the CSE will reflect agreement with the
Special Events Guidelines of 2001.
STAFF PREPARED
ORDINANCE NO.7
SERIES 2002
DRAFT
AN ORDINANCE ADOPTING THE TOWN OF VAIL COMMISSION ON SPECIAL EVENTS (CSE) AND
GUIDELINES; ESTABLISHING A COMMISSION FOR THE PROCESS OF
REVIEWING PROPOSED PUBLIC SPECIAL EVENTS FOR THE TOWN OF VAIL;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, it is the Town Council's opinion that the health, safety, and welfare of the citizens of the
Town of Vail would be enhanced by the establishment of a special events program setting forth policies and
guidelines relating to the funding, reviewing, oversight, and orchestration of special events to be presented
on public property; and
WHEREAS, to insure a single contact for event operations to avoid down valley and surrounding ski
area conflicts and duplication of effort; and
WHEREAS, the CSE will align its mission with Town Council direction and coordination and will
support the Vail Local Marketing District Advisory Council's (VLMDAC) stated goals, objectives and target
markets; and
WHEREAS, the Town Council is supportive of providing street entertainment and special events for
vitality, economic viability, and fun year 'round; and
WHEREAS, in order to administer the Commission on Special Events, the Town Council, in
accordance with Section 8.6 of the Charter of the Town of Vail, wishes to create a Commission on Special
Events (CSE).
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that:
Title 3 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 3.6
Commission on Special Events, to read as follows:
Section 3.6.1
The Town Council of the Town of Vail hereby adopts the Commission on Special Events including
the mission, policies, and guidelines dated March 19, 2002, and as they .may be amended from time to time
by resolution of the Town Council.
Current Mission: The CSE's mission is to attract special events, which drive tourism to Vail during
the non-peak (primarily spring, summer, fall) seasons. For 2002 the CSE is looking to bring a major event to
Vail in June, August or September.
Section 3.6.2
The Town Council hereby appoints the Town of Vail CSE composed of five (5) voting members who
shall act in accordance with the Charter, this Chapter, the direction of the Town Council, the ordinances of
the Town of Vail, and shall be appointed and serve at the pleasure of the Town Council as provided in this
Chapter.
F:~mcaster\Comm Spec Events Ord.doc
Section 3.6.3 -Members -Appointments -Terms
The CSE shall consist of five (5) voting members appointed by the Town Council to be designated
as follows: 1 Retail; 1 Restaurant; 1 Lodging; 1 (from any of 3 categories previously stated); 1 at large, and 9
honorary advisory members from the following groups:
1 Vail Resorts, Inc. (VRI)
1 Vail Valley Foundation (WF)
1 Vail Valley Chamber and Tourism Bureau (WCTB)
1 Vail Chamber and Business Association (VCBA)
1 Vail Recreation District (VRD)
1 Town Council member (who-shall serve as chair)
1 Town of Vail staff
1 VLMDAC Member
1 CSE Events Manager
The nine honorary advisory members shall not have the power to vote on issues which come before
the Commission. The number and term of such advisory members shall be at the discretion of the Town
Council. All members of the CSE shall be individuals who have demonstrated expertise in special events
production, establishment of criteria by which to gauge event success, and knowledge of and a strong
interest in special events. All members shall be residents of the Town of Vail, or own properly within the
Town of Vail, or own a business, or be employed within the Town of Vail. The terms of the members of the
CSE shall be for one and two-year terms to be appointed initially in the spring of 2002 in staggered one and
two-year terms and ratified by Council in November, 2003, to coincide with the town regular municipal
election.
Section 3.6.4 -Removal from Office
Members of the CSE shall serve at the will of the Town Council and-shall be subject to
removal by the Town Council for inefficiency, neglect of duty, failure to attend meetings (70% mandatory
attendance at regularly scheduled meetings), malfeasance in office, or any other reasons the Town Council
deems proper.
Section 3.6.5 -Vacancy
Vacancies on the CSE shall occur whenever a member of the CSE is removed by the
Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of sixty (60)
days, resigns, ceases to meet the qualifications for CSE members, or is convicted of a felony. Vacancies
shall be filled by a majority vote of the. Town Council.
Section 3.6.6 -Officers -Meetings -Rules
F:\mcaster\Comm Spec Events Ord.doc
The CSE shall be chaired by the honorary advisory Town Council member. The term of the Chairman
shall be for one two-year term to coincide with the town's regular municipal election, with eligibility for re-
election for one additional two-year term. The CSE shall meet as it determines to be necessary, and its
meetings shall be in accordance.with Roberts Rules of Procedure unless it adopts other rules for the
transaction of business. The Commission shall keep a record of its resolutions, transactions, findings, and
determinations. The CSE will provide quarterly reports to the Vail Town Council.
Section 3.6.7 -Function of the CSE
The CSE's functions shall include without limitation:
a) To promote and encourage the development and public awareness and recognition of special
events in the Town of Vail;
b) To advise the Town Council in connection with all matters relating to the selection and production of
special events in the town;
c) To perform such other functions associated with the special events as the Town Council may, from
time to time, Direct;
d) To assist in the preparation of applications for special events funding, and
e) To administer the Town special events program, its policies and guidelines.
Section 3.6.8 - Appeal to Town Council
A. An appeal to the Town Council may be made by an adjacent property owner or by the Town
Council itself by a majority vote.
B. For all appeals, the appeal must be filed in writing ten (10) days following the. decision or
must be called up by the Town Council at their next regularly scheduled meeting.
C. The Council shall hear the appeal within 30 days of its being filed or called up with a
possible 30-day extension if the Council finds that there is insufficient information.
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.
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.
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
F:Uncaster\Comm Spec Events Ord.doc
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.
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed
to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order,
resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST
READING this _ day of , 2002 and a public hearing shall be held on this Ordinance on the
day of 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
by title only this day of , 2002
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
F:~mcaster\Comm Spec Events Ord.doc 4
ORDINANCE N0.7
SERIES 2002
DRAFT
AN ORDINANCE ADOPTING THE TOWN OF VAIL COMMISSION ON SPECIAL EVENTS (CSE) AND
GUIDELINES; ESTABLISHING A COMMISSION FOR THE PROCESS OF
REVIEWING AND/OR FACILITATING PUBLIC SPECIAL EVENTS IN THE TOWN OF VAIL;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, it is the Town Council's opinion that the health, safety, and welfare of the citizens of the
Town of Vail would be enhanced by the establishment of a special events program setting forth policies and
guidelines relating to the funding, reviewing, oversight, and orchestration of special events to be presented
on Vail public property; and limit events to Vail
WHEREAS, to insure a single contact point for special events operations in Vail; and
WHEREAS, the CSE will align its mission with Town Council goals and marketing direction. CSE
and Vail Local Marketing District Advisory Council (VLMDAC) have different specific goals based on funding
but the Council goals and marketing direction should be more accurate; and
WHEREAS, the Town Council is supportive of providing street entertainment and special events for
vitality, economic viability, and fun year'round; and
WHEREAS, in order to administer the Commission on Special Events, the Town Council, in
accordance with Section 8.6 of the Charter of the Town of Vail, wishes to create a Commission on Special
Events (CSE).
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that:
Title 3 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 3.6
Commission on Special Events, to read as follows:
The Town Council of the Town of Vail hereby adopts the Commission on Special Events including
the mission, policies, and guidelines dated March 19, 2002, and as they may be amended from time to time
by resolution of the Town Council. See above for repalcement
Current Mission: The CSE's mission is to attract special events, which drive tourism to Vail during
the non-peak (primarily spring, summer, fall) seasons. For 2002 the CSE is looking to bring a major event to
Vail in June, August or September.
Goals and Objectives of CSE:
1. Support council's goals and objectives
2. Increase occupancy and sales tax collections
3. Increase the quality of experience for guests and residents
4. Create a sense of sommunity
5. Round out the strength of the calendar
6. Street entertainment
7. Vitality
F:\mcaster\Comm Spec Events Ord- PINK (IN).doc
A Director/Events Manager:
1. One vote on VLMDAC
2. Single contact point for event coordination, operations, set up, locations, in kind, problems .
3. Hiring and overseeing event producer or promoter or event.
4. Create or seek our new events
5. Evaluates applications
6. Evaluates event success
7. Submits annual budget for operations and events
8. May request additional funding for unanticipated events
9. Keeps THE community calendar for coordination and appropriate scheduling actions
10. Responsible for contracts
11. Seeks out additional funding through sponsorships, donations, events, etc.
12. Other economic development functions as directed by council.
13. CSE aligns goals with council goals and marketing direction
14. Remove council from special events funding decisions without professional advice.
Section 3.6.2
The Town Council hereby appoints the Town of Vail CSE composed of five (5) voting members who
shall act in accordance with the Charter, this Chapter, the direction of the Town Council, as outlined in this
ordinance, the ordinances of the Town of Vail, and shall be appointed and serve at the pleasure of the Town
Council as provided in this Chapter.
Section 3.6.3 -Members -Appointments -Terms: Advisory groups are by invitation each year at
election time which would have to 6e determined by new Councils and those groups then "suggest" a single
person for ratification by Council so I don't think we list specific groups unless they are qualified as for the
first term??? I believe the groups will change from year to year. Should the role of the advisory group be
stated?? "for information, coordination and advisory purposes"?
The CSE shall consist of five (5) voting members appointed by the Town Council to be designated
as follows: 1 Retail; 1 Restaurant; 1 Lodging; 1 (from any of 3 categories previously stated); 1 at large, and 9
honorary advisory members from the following groups:
1 Vail Resorts, Inc. (VRI)
1 Vail Valley Foundation (WF)
1 Vail Valley Chamber and Tourism Bureau (WCTB)
1 Vail Chamber and Business Association (VCBA)
1 Vail Recreation District (VRD)
1 Town Council member (who shall serve as chair)
1 Town of Vail staff
1 VLMDAC member
1 CSE Events Manager
The nine honorary advisory members shall not have the power to vote on issues which come before
the Commission. The number and term of such advisory members shall be at the discretion of the Town
F:\mcaster\Comm Spec Events Ord- PINK (IN).doc 2
Council. All members of the CSE shall be individuals who have demonstrated expertise in special events
production, establishment of criteria by which to gauge event success, or knowledge of and/or a strong
interest in special events. All members shall be residents of the Town of Vail, or own property within the
Town of Vail, or own a business, or be employed within the Town of Vail. The majority of the board shall be
Vail residents or property owners, i.e.: thus insuring that qualification as a priority requested by the Council.
The terms of the members of the CSE shall be for one and two-year terms to be appointed initially. in the
spring of 2002 in staggered one and two-year terms and ratified by Council in November, 2003, to coincide
with the Council appointments following town regular municipal election. No current event promoters,
producers or board members or organizations requesting funding may serve as a voting member.
Section 3.6.4 -Removal from Office
Members of the CSE shall serve at the will of the Town Council and shall be subject to
removal by the Town Council for inefficiency, neglect of duty, failure to attend meetings (70% mandatory
attendance), malfeasance in office, or any other reasons the Town Council deems proper.
Section 3.6.5 -Vacancy
Vacancies on the CSE shall occur whenever a member of the CSE is removed by the
Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of sixty (60)
days, resigns, ceases to meet the qualifications for CSE members, or is convicted of a felony. Vacancies
shall be filled by a majority vote of the Town Council.
Section 3.6.6 -Officers -Meetings -Rules
The CSE shall be chaired by the honorary advisory Town Council member until the commission decides
a director is appropriate or decides otherwise as to chair person. The term of the Chairman shall be for one
two-year term to coincide with the town's regular municipal election, with eligibility for re-election for three
additional two-year terms, thus corresponding to council term limits. The CSE shall meet as it determines to
be necessary, and its meetings shall be in accordance with Roberts Rules of Procedure unless it adopts
other rules for the transaction of business. The Commission shall keep a record of its resolutions,
transactions, findings, and determinations. The CSE will provide quarterly reports to the Vail Town Council,
in addition to a full annual financial report at budget time.
Section 3.6.7 -Function of the CSE ie: Should some of the objectives or "director" role be listed
here??
The CSE's functions shall include without limitation:
a) All matters relating to the selection, production, and evaluation of special events in the town;
b) To perform such other functions associated with the special events as the Town Council may, from
time to time, direct;
F:\mcaster\Comm Spec Events Ord- PINK (IN).doc
c) To prepare applications for special events funding, evaluate individual applications for funding, and
prepare budget for special events and commission and submit to council
d) To administer the Town special events program, its policies and guidelines.
Section 3.6.8 - Appeal to Town Council
A. An appeal to the Town Council may be made by an adjacent property owner or by the Town
Council itself by a majority vote.
B. For all appeals, the appeal must be filed in writing ten (10) days following the decision or
must be called up by the Town Council.
C. The Council shall hear the appeal within 30 days of its being filed or called up with a
possible 30-day extension if the Council finds that there is insufficient information.
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.
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.
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.
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed
to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order,
resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST
READING this _ day of , 2002 and a public hearing shall be held on this Ordinance on the
day of 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
F:\mcaster\Comm Spec Events Ord- PINK (IN).doc 4
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
by title only this day of , 2002
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
F:\mcaster\Comm Spec Events Ord- PINK (IN).doc
EAGLE RIVER
WATER 8c SANITATION DISTRICT
~~
846 Forest Road • Vail, Colorado 81657
(970) 476-7480 • FAX (970) 476-4089
March 25, 2002
Town of Vail
Attn: Matt Mire, Esq.
75 S. Frontage Road
Vail, CO 81657
Re: Public Skier Parking at Vail Offices, 846 Forest Road
Gentlemen:
This serves as the Letter of Agreement between the Town of Vail, (Town) and Eagle River
Water & Sanitation District, (District) regarding the use of the District's customer and employee
parking, areas for public skier parking on weekends during the ski season.
The initial term of this agreement shall begin on December 1, 2001 and end with the closing of
Vail Mountain, April 15, 2002. Thereafter, the term of this agreement shall begin with the
opening of Vail Mountain ski season and end with the closing of the Vail Mountain ski season
(ski season).
Public skier parking shall be permitted from 7:00 a.m. to 11:00 p.m. Saturday and Sunday during
the ski season. Parking shall be permitted on the east side of the District Administrative Offices,
846 Forest Road and on the parking deck located on the west side of the District Administrative
Offices. To access the parking deck on the west side of the building, it is necessary to use the
driveway on the north side of the building. The east and west parking areas and the driveway are
collectively called the parking facilities. As posted by a sign at the driveway entrance, the
weight of any vehicle may not exceed the load limit of 7,000 pounds gross vehicle weight.
The District agrees to maintain the parking facilities for skier parking to the same standard as it
maintains the parking areas for its employees. The District reserves the right to suspend the use
of the parking facilities or a portion of the parking facilities by the public when the parking
facilities are needed by the District employees or for District operations.
The Town agrees to provide for cleanup of any trash left by the public who have used the
parking facilities each Monday morning.
The Town agrees to indemnify and hold the District harmless from any and all claims,
judgments, losses and expenses of any nature arising from the Town's use of the District's
parking facilities as described in this letter agreement.
WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES
F:\i SWSD\1 ADMIN\LETTERS\2002\tovpubskiecdoc
r
1
March 25, 2002
Page 2
The Town agrees to provide a certificate of insurance naming the District additionally named
insured, under the Town's general liability policy, with respect to all liabilities arising out of the
use of the parking facilities as public skier parking.
The Town agrees to waive its right of recovery and its insurers agree to waive their right of
subrogation against the District for any claims or losses arising out of the use of the parking
facilities as public skier parking. The waiver of subrogation shall be indicated on the certificate
of insurance.
This agreement may renew and be in force and effect each ski season, however, either party may
terminate this agreement with (10) ten days' notice to the other party.
The letter agreement is entered into this _ day of March, 2002.
EAGLE RIV TER & SANITAT N DISTRICT
By: ~~ ~ ~° =~.
TOWN OF VAIL
By:
F:U SWSD\1 ADM IN\LE1'TERS\2002\tovpubskier.doc
~~~:u~ µ•d.6- ~.~ 8
Apri12, 2002
To: Vail Town Council
From: Frank Johnson
Stephen Connolly
Re: Vail Special Events Commission--A Non-Profit Corporation
The Vail Special Events Commission is proposed as anon-profit corporation,
independent from the Town Government, the VCBA, and VVCTB, but founded and
incorporated by them. Purpose and powers established in Articles of Incorporation,
established by mutual consent of founding parties. Bylaws establish who serves on
Board, who votes, specific responsibilities of corporation, and how bylaws can be
amended in the future to adapt to changing needs.
Proposed structural elements include:
Purposes:
1. To promote and encourage the development and public awareness of special
events and entertainment in the Town of Vail.
2. To collaborate with the Vail Local Marketing District in order to develop events
that support its strategic planning.
3. To administer funding for special events and entertainment programs as directed
by the Town Council and other founding organizations.
4. To advise the Town Council, and other organizations, in connection with all
matters relating to the selection and production of special events and
entertainment in Vail.
5. To perform such other functions associated with the special events as the Town
Council, and other founding organizations, directs.
6. To administer the Town's special events program according to its policies and the
Special Events Guidelines agreement of 2001.
7. To encourage the use of local vendors and contractors as a priority for funded
special event projects.
Board of Directors:
The control and management of the affairs of the corporation and of the disposition of its
funds shall be vested in a Board of Directors. The number of directors, terms of office
and the manner of their selection shall be determined according to the Bylaws of the
Corporation.
The founding Board shall be appointed by the Vail Town Council following submission
of candidates proposed by joint consent of the Vail Valley Chamber and Tourism Bureau
and the Vail Chamber and Business Association and shall consist of the following:
One representative from a Lodging business entity.
One representative from a Retail business entity.
One representative from a Restaurant business entity.
One representative selected At-Large, who may also be a representative of the
aforementioned business groups.
One Vail Town Councilperson
Ex-officio Board members, who do not have the right to vote, will be appointed as
follows:
One representative from Vail Resorts;
One representative from the. Vail Chamber & Business Association;
One representative from the Vail Valley Chamber and Tourism Bureau;
One representative from the Vail Recreation District;
One representative from the Vail Valley Foundation;
One representative from the Marketing Advisory Council of the Local Marketing
District;
One staff member from the Vail Town Government
All Board members shall be individuals who have demonstrated expertise in special
events production, establishment of criteria by which to gauge event success, and
knowledge of and a strong interest in special events.
All voting Board members shall be residents of the Town of Vail, or own property within
the Town of Vail, or own a business, or be employed in a management position by a
business located within the Town of Vail and holding a valid Town of Vail Business
License.
Voting Board members are precluded from requesting funding from the corporation to
support organizations or programs in which they serve an integral function (i.e. staff or
board member).
Each member of the Board is required to disclose any potential conflicting interest in any
transaction of the corporation. A Board member with a potential conflicting interest in a
transaction may not participate in the considerations of and vote on the transaction, may
not attempt to influence any of the contracting parties, and may not act directly or
indirectly for the Board in the inspection, operation, administration, or performance of
any contract related to the transaction.
Terms of office, removal/replacement criteria, etc. shall be determined by the bylaws of
the corporation.
General Powers of the corporation:
1. To have perpetual existence.
2. To have and use a corporate Seal.
3. To sue and be sued and be a party to suits, actions, and proceedings.
4. To enter into contracts and agreements.
5. To provide the following services:
a. Support the goals and objectives of the Vail Town Council
b. Support the goals and objectives of the founding organizations
c. Improve the quality of experience for guests and residents
d. Increase occupancy and sales tax collections
e. Improve sense of community
f. Help to create a balanced calendar of events and entertainment
g. Provide street entertainment
h. Add life and vitality to the streets of Vail
6. To have management, control, and supervision of all the business and affairs of
the corporation and of the operation of services above.
7. To appoint advisory boards and task forces and provide for the duties and
functions thereof
8. To hire employees or retain agents, consultants, attorneys, and accountants.
9. To adopt and amend bylaws not in conflict with the constitution and laws of the
state or with the ordinances of the Town of Vail
Town Council will. review funding requests on an annual basis.
~ULu.w.6 9 d • U~ U.bcNt
Q
Apri12, 2002
To: Vail Town Council
From: Stephen Connolly
Frank Johnson
RE: Commission on Special Events non-profit Board members
We have agreement on three of the five Board members.
Retail -Steve Rosenthal
Restaurant -Gary Boris
Town Council -Bill Jewitt
We expect to have the At-Large and Lodging seats filled before the next Council session.
Regards.
MAR.25.2~2 5~05PM EXEC FAX
VAIL ResoRrs'
March Zs, Zoo2
V~,A. FAX AND U.S: N1AlI.
Mayor Sam Mamula
Members of Town Council
Town of Breckenridge
150 Ski Hill Road
Breckenridge, CO 80424
Dear Sam:
N0.399 P.2
~~ ~ Gov
~~~~~
a
Thanks for your note and suggestions to sit down and discuss panting, transportation, visitor
capacities, etc. I think this is a terrific idea and am anxious to participate with other members of
our team, although we believe this dialogue is best achieved among the Breckenridge group
rather than including representatives from the Town of Vail,
While 'town of Vail .is an outstanding partner in the Vaiil Valley, current circumstances in
Breckenridge vary dramatically from the situation more than twenty years ago when parking and
transportation strategies were developing in Vail. Business az~d competitive circumstances have
changed dramatically and future growth is no longer assured. Regaxdizig the comfortable
carrying capacity, I crafted the current managed capacity agreement so I am intimately familiar
with the. content aad the operating framework, and would be happy to discuss it with you.
As we look to scheduling these discussions, we do not believe a construc#ive dialogue can take
place in the context of the threat by a town official £or condemnation of our Watson and Sawmill
lots and a crusade by at least one town council member to put a lift tax on the ballot, If these
issues can be put to rest, then we are anxious to begin the dialogue and would suggest the
afternoon of Apri130tn
Sine
6
aly
Preside
ApD/ni
cc: Tim Gagers
Ludwig Kurz
Roger McCarthy
Bob McL.anrin
Porter'9Vhartorn, YiI
Vail Reports Management Compaey • Past Office Boz 7 • Vail, Colorado 81658 • 137 Benchmark Road • Avon, Colorado $1620
V A I L B E A U E R C R E E K® B R E C K F N R I I'1 r F' K~ V 4 T n~ c• •
TOWN OF VAIL
Office of the Town Manager
75 South Frontage Road
Yail, Colorado 81657
970-479-2105/Fax 970-479-2157
MEMORANDUM
TO: VAIL TOWN COUNCIL
FROM: PAM BRANDMEYE~
DATE: 26MAR02
RE: MEMORIAL SITE
In preparation for Council's work session on April 16th set to provide direction on
a local Vail "memorial site," staff wanted to summarize discussions with Moses
Gonzales, representing the local VFW. Merv Lapin also approached Council at
their evening meeting March 5th to request a similar program. As well, staff has
received informal inquiries from others. Although the VFW is proposing an
approximately 3,000 SF site more in military alignment with flags and a "naming
wall," Merv's suggestion also included simple plaques with names and dates, and
perhaps, an area in which to spread ashes.
In an inventory of currently owned parks and open spaces, the following sites
have been identified as possible locations (but this list does not preclude
consideration of other areas):
- Ford Park "lowest" bench behind and to the south of the current picnic pavillion
- Donovan Park
1) Lower bench Phase I I area
2) Entry to lower bench
3) Middle bench
- Stephen's Park -east end
- Intermountain pocket park (former location of Interlochen swimming pool)
- Roger Staub Park (west of Vorlaufer)
- Booth Creek tennis court site
- Par 3/Tract A
- King Arthur's Court (immediately south of Bighorn Park/East Vail)
- Katsos, off Bridge Road
- In conjunction with the "Front Door" Project
- In conjunction with the LionsHead redevelopment
~~~ RECYCLED PAPER
TM
Also considered but ultimately discarded:
- Ruder Cemetery, Lot 1, Block 9, Intermountain/2850 Bassingdale (remote,
access to site difficult, no parking)
- Bighorn Park (eventual relocation of memorial site to east end of park, thus
adjacent to restrooms and picnic facility, unacceptable to veterans; experimental
free run dog park)
- Donovan Park upper bench (designated open space constraints and political
challenges)
- 4 lots east end of Bighorn (remote, steep, limited parking)
Staff would like direction as to how to proceed. If the direction is to form a
committee to select a location (or to investigate further in some other fashion),
staff would also request Council prioritize public space to be considered, as well
as clarify what would be included in the design.
.~
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 25, 2002
SUBJECT: A request for a recommendation to the Vail Town Council of a text
amendment to Title 11, Section 11-5, Prohibited Signs, Sign Regulations,
Vail Town Code, to allow for certain off-site advertising signs, and setting
forth details in regard thereto.
Applicant: Town of Vail
Planner: George Ruther
I. DESCRIPTION OF THE REQUEST
On February 19, 2002, the Vail Town Council directed staff to prepare a text
amendment to Title 11, Sign Regulations, Section 11-5, Prohibited Signs, of the
Vail Town Code, to allow for Specific Information and Business Signs at the West
Vail exit #173, as further regulated by the Colorado Department of
Transportation. The request is the result of a discussion the Town Council had
with Rick Scalpello, who is working in cooperation with a number of the West Vail
merchants, to place informational signs on I-70 in the vicinity of the West Vail exit
#173.
The proposed signs are the blue and white reflective informational signs often
seen along interstate highways informing motorists of "gas, food & lodging"
businesses and other "attraction"opportunities located at upcoming interstate
highway exits. The Colorado Department of Transportation classifies these signs
as Specific Information and Business Signs. These sign are also known as
LOGO Signs. The LOGO Signs include business plaques that are flat rectangular
aluminum information signs which are attached to the larger sign that includes
the name, name brand, or trademark, logo or symbol for businesses providing
motorist services. The proposed signs would be located in the vicinity of the West
Vail exit. Only those businesses located within the limits established for these
types of signs would be permitted to participate in the sign program. According
to the Rules and Regulations for Specific Information and Business Signs,
adopted by the Colorado Department of Transportation on November 30, 1998,
`To be eligible for a Business Sign to be installed on a Specific
Information Sign the maximum driving distance that gas, food, lodging
and camping service facilities can be located from the main traveled way
of the Interstate Highway shall not exceed 3 (three) driving miles in either
direction. If within that 3 (three) mile limit there are less than 6
participating services of the type being considered, the limit of eligibility
maybe extended to 5 driving miles. A gas, food, lodging, and camping
t-
service facility that is not within such maximum driving distance shall not
be eligible for a LOGO sign. "
Pursuant to Section 11-5-2, Prohibited Signs, of the Sign Regulations, in part,
"The following signs shall not be permitted, erected or maintained in the
Town...off premises advertising signs or any other sign not pertinent and.
clearly incidental to the permitted use on the property where located."
Staff has determined that the current regulations prohibit the installation of the
informational signs as proposed since the proposed signs would include the
name, name brand, logo, or trademark or symbol of the individual businesses.
IL BACKGROUND
In 1995, the Vail Town Councii heard a similar request. Upon discussion of th.e
proposal and consideration of the existing town codes, the Council denied the
request. At that time, the Council identified two areas of particular concern: The
first was the negative aesthetic impacts "billboard" types of signs have on the
community, and second, was the Vail Town Code sign regulations strictly prohibit
off-premises advertising signs or any other sign not pertinent and clearly
incidental to the permitted use on the property where located (Title 11, Section
11-5-2 L).
In 1999, as part of the Town of Vail Wayfinding Sign Program, the Wayfinding
Committee considered these signs for inclusion into the program. Upon
deliberation and discussion, the Committee determined that these types of sign
were in direct conflict with the premier, international world-class image we are
trying to convey and should not be installed. The committee did, however,
recognize the need to disseminate informational messages and recommended
that, due to our international resort presence, informational signs, if installed,
should use internationally recognized symbols (i.e., a gas pump; a plate, knife.
and fork; and bed and pillow).
At the request of the Town of Vail, the Colorado Department of Transportation
(CDOT) has installed informational signs at the Main Vail exit. The signs that
were installed are a combination of international symbols and words (i.e., gas,
food & lodging).
III. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning &
Environmental Commission tables the request far a recommendation to the Vail
Town Council of a text amendment to Title 11, Section 11-5, Prohibited Signs,
Sign Regulations, Vail Town Code, to allow for certain off-site advertising signs.
Staff's recommendation to table is based upon our belief that additional
information is needed on this text amendment before a final recommendation is
made. Staff recommends that the item be tabled to the April 8, 2002, meeting to
the Planning & Environmental Commission.
2
IV. PROPOSED TEXT AMENDMENT
The Community Development Department is proposing the following text
amendments:
(ADD) ,
Section 11-1-1, Definitions,
SPECIFIC INFORMATION AND BUSINESS SIGN: An official sign with a white
reflective legend and border, on a blue background, that displays the type of
business (Gas, Food, Lodging, Camping) and the- interstate exit number which
includes a flat rectangular aluminum information sign that is limited to the display,
of the name, brand name, or trademark, logo, symbol for businesses providing
motorists services for gas, food, lodging, camping and/or tourist attractions.
(AMEND)
Section 11-5-2 (L), Prohibited Signs
Off-premises advertising signs or any other sign not pertinent and clearly
incidental to the permitted use on the property where located. This prohibition
shall not apply to Specific Information and Business Signs as defined in Section
11-1-1 of the Vail Town Code and as further regulated by the Colorado
Department of Transportation.
(ADD)
Chapter 4, Sign Categories
Article D. West Vail Exit #173
SECTION:
11-4D-1: Scope
11-4D-2: Specific Information and Business Signs
11-4D-1: Scope: This Article concerns the display of Specific Information
and Business Signs at the West Vail exit #173. This Article further
includes the purpose of these signs, size, height, number, type of
service, and location limitations. The following provisions are the
sign regulations for Specific Information and Business Signs (aka
LOGO signs).
11-4D-2 Specific Information and Business Signs:
A. Purpose: To provide directional information along the
Interstate Highway to business establishments offering
services for Gas, Food, and Lodging to the traveling public.
B. Location: West Vail exit #173 and subject to review and
written approval pursuant to the Rules and Regulations for
Specific Information and Business Signs, as regulated by the
Colorado Department of Transportation.
C. Size: Subject to review and written approval pursuant to
the Rules and Regulations for Specific Information and
Business Signs, as regulated by the Colorado Department of
Transportation.
D. Height: Subject to review and written approval pursuant to
the Rules and Regulations for Specific Information and
Business Signs, as regulated by the Colorado Department of
Transportation.
E. Number: Four (4) information signs total with a maximum of
two per direction of travel and no more than six (6) business
signs per information sign.
F. Type of Service: The type of services permitted on a Specific
Information sign shall be limited to "gas", "food", and "lodging",
as regulated by the Colorado Department of Transportation.
V. ISSUES FOR DISCUSSION
Eligibility
According to the rules and regulations adopted by the Colorado
Department of Transportation, in order
"to be eligible for a inclusion on the sign the maximum driving
distance that gas, food, or lodging service facilities can be located
from the main traveled way of the Highway Interstate shall not
exceed three (3) driving miles in either direction. A gas, food, or
lodging service facility that is not within such maximum driving
distance shall not be eligible for a LOGO sign."
Staff roughly determined the three-mile driving distance from the West
Vail exit and estimates that this area would include businesses as far east
as the Vail Run Building on the north side of fhe interstate and all of
Lionshead on the south side. If this text amendment were to be adopted
staff would recommend that a far shorter maximum driving distance be
established. If a shorter maximum driving distance were adopted careful
consideration would be needed to determine which businesses are then
eligible and which are not.
2. Directional Ramp Signs
According to the rules and regulations adopted by the Colorado
Department of Transportation, in part,
"..,where a displayed service is not visible from a ramp terminal,
ramp signs shall be installed along the ramp or at the ramp terminal ,and
maybe provided along the crossroad."
In considering this proposal and prior to directing staff to prepare a text
amendment proposal, the Town Council expressed their dislike for any
additional signs as part of the program. Staff interprets the adopted rules
and regulations to require additional signs which would be contrary to the
4
Town Council's desires. Staff recommends that this issue be clarified
prior to any formal recommendations being made.
3. Creativity
The signs that are proposed would be the standard blue and white.
reflective sign used and displayed in Anytown, USA. In determining the
appropriateness of these signs for inclusion in the recently adopted Town:
of Vail Wayfinding Program, the committee determined that blue and
white logo signs were in direct conflict with the premier, international
world-class image the town is trying to convey, and therefore, should not
be installed. At the Town Council meeting on February 19, 2002, the
representatives from Colorado Logos, Inc, expressed an ability to create
a more interesting and unique sign display than the one used in other
areas. To date, alternatives have not been submitted for consideration.
Staff recommends that the sign company present alternatives for
consideration by the Town prior to the Commission making a formal
recommendation.
r-~
~'
DEPARTMENT OF TRANSPORTATION
RULES AND REGULATIONS
- FOR
SPECIFIC INFORMATION AND
BUSINESS SIGNS
EFFECTIVE NOVEMBER 30, 1998
COLORADO DEPARTMENT OF TRANSPORTATION
4201 East Arkansas Avenue
Denver, Colorado 80222
Table of Contents
A. GENERAL PROVISIONS ............................ ........................ 2
B. LOCATION ................................................................. 5
C. TYPE OF SERVICES .......................................................... 8
D. NUMBER OF SIGNS PERMITTED ............................................. 12
E. COMPOSITION .............. ......... .................................. 12
F. SIZE OF BUSINESS OR ATTRACTION PLAQUES ............................... 13
G. PERMITS AND PROCEDURE ................................................. 13
H. RENEWAL OF PERMITS ..................................... .............. 16
I. REPLACEMENT -RESPONSIBILITY .....................................:.... 16
J. PAYMENT AND FEES ....................... ............. ............... 17
K. FEE SCHEDULE FOR ERECTING SPECIFIC INFORMATION SIGNS ................ 18
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Rules, Reeulations and Standards Pertaining to Specific Information
and Business Signs
A• GENERAL PROVISIONS
PURPOSE: To establish rules, regulations, standards, and a permit system,
hereinafter called "rules" for the erection and maintenance of Specific Information
and Business Signs erected within highway right-of--way to provide directional
information to business establishments offering services for Gas, Food, Lodging,
Camping and Tourist Attractions to the traveling public.
APPLICABILITY: Tlie provisions of these rules are applicable to areas of the
Interstate System.
AUTHORITY: CRS 1973 43-1-4] 5 (1981 Colo. Sess. Law, chapter 512) and 23
U.S.C. 109(d), 131(f), 31'5 and 49 CFR 1.48 (b) C.R.S. 1998, 43-1-420.
4. CONFORMITY WITH LAWS: Each business identified on a Specific
Information Sign shall have. given written certification to the Department of its
conformity with all applicable laws concerning the provision of public
accommodations without regard to race, religion, color, sex, or national origin, and
shall not be in breach of that certification.
DEFINITIONS:
a. Specific Information SIQn' Also known as "LOGO Sign". An official
sign with white reflective legend and border, on a blue background, that
displays the type ofbusiness (Gas, Food, Lodging, Camping, and/or Tourist
Attraction) and the interstate exit number.
b. Business Plague: A flat rectangular aluminum information sign which is
attached to a Specific Information Sign either on the mainline or ramp sign
limited to the name, brand name, or trademark, logo or symbol for
businesses providing motorists services for Gas; Food, Lodging, Camping
and/or Tourist Attraction.
c: Centerline of the hi hway means a line equidistant from the edges ofthe
median.separating the main traveled ways of a divided Interstate highway.
d. Contractor means the private independent contractor that is selected by
the Department pursuant to a public-private initiative and that is
responsible, by contract with the Department, for implementing and
administering the LOGO sign program. See Section A. 6, of the rules and
"Department" below.
e. ~ Department refers to the State of Colorado Department of Transportation,
(CDOT). In the event that .the Department contracts with a private
contractor to maintain and administer atl or part of the LOGO sign
program, "Department" shall also mean that contractor to the extent
required by that contractor the context of the Rules. See Section A. 6. of
the Rules.
f. Erect means to construct or allow to be constructed
g. FHWA means Federal Highway Administration
h. Interstate System means the system of highways as defined in CRS 43-2-
]01.
LOGO Suns means Specific Informatia~ and Business Signs.
j. MUTCD meansthe 1988 edition of the FHWA Manual on Uniform Traffic
Control Devices for Streets and Highways and the Colorado Supplement
thereto. Terms used in these rules shall be in accordance with usage of the
MUTCD.
k. Maintenance means to preserve, keep in repair and clean.
I. State Signing Standards are those standard drawings and specifications
adopted for use by the State Highway Commission as published in the 1986
Edition of the State Department ofHighways, Division of Highways, State
of Colorado, Standard Specifications for Road and Bridge Construction,
Section 713, Traffic Control Materials.
m. Tourist Attraction means a Tourist Oriented Attraction ofregional interest
to the traveling public. Tourist Attractions are limited to only the
following: A natural phenomena; a site of historical significance; a site of
cultural significance; an area of natural or scenic beauty; or an area
naturally suited for outdoor recreation, as further defined in Section C.5 of
the Rules.
3
Trailblazer means a small sign that displays a directional arrow to the
business and, if necessary, the mileage to the business.
Traveled Lane is tl~e driving lane normal ly occupied by the traffic located
left of the highway shoulder.
Urbanized Ai•ea means that area within the boundary of a metropolitan
area having a population of fifty thousand or more as determined by the
United States Bureau of the Census in its latest census and as included on
the urbanized area map approved by the Department.
INDEPENDENT CONTRACTOR PROGRAM ADMINISTRATOR
Tl~e Department is authorized by Sections 43-1-420(2), 43-1-420(4), and 43-I-
] 202(1)(A)(XI), C.R.S., to negotiate and contract with an independent contractor,
pursuant to apublic-private initiative, for that contractor to implement and
administer all or part of tl~e Specific Information and Business Sign Program (or
"LOGO Program") described in the Rules.
Based on that authority, the Department intends to issue a request for proposals and
to negotiate a contract that is -nost advantageous to the State for the successful
proposer to assume tl~e administration and maintenance of the LOGO Program.
Sections 43-]-420(2) and 43-1-420(4) specifically authorize that contractor to
determine the amount of feels} to be charged for a LOGO sign permit and to
develop the method for the annual rotation. of business signs.
If such a contract is executed, the implementation and administration ofthe LOGO
Program by that contractor may include the right of that contractor: I) to determine
and charge a new fee amount for a LOGO sign, different than that described in
Section G.9 of the Rules; and, 2) to develop and implement a new method for the
annual rotation of LOGO signs, different than that described in Section G.6 of the
Rules.
If such a contract is executed, tl~e complete terms of that contractor's
implementation and administration of tl~e LOGO Program will be described in
detail therein, and the implementation and administration oftl~e LOGO Program by
that contractor will be subject to the Department's supervision.
All sign permittees will be given prompt written notice of the effective date of the
contract and wi I I also be provided a copy of tl~e contract. In the event that the terms
of the negotiated contract conflict with substantive terms of the Rules, the
Department will amend the Rules to reflect such changes to the extent required by
law.
7. STATEMENT OF BASIS, STATUTORY AUTHORITY AND PURPOSE
The Rules are pro-nulgated by the Department of Transportation pursuant to the,
Specific Statutory Authority of Section 43-1-415(1)(f). Tl~e Statement and Basis,
Specific Statutory Authority and Purpose for the September 15, 1998 Rulemaking
Hearing is hereby incorporated herein by this reference and shall be available for
copying and public inspection during regular business hours from the Roadside
Advertising Coordinator, Colorado Department of Transportation, 4201 East
Arkansas Ave., Denver,. Colorado 80222.
B. LOCATION
LOGO Signs shall be located only on the interstate system, as follows: LOGO
signs for Gas, Food, Lodging, and Camping shall be located only outside urbanized
areas. LOGO signs for Tourist Attractions may be located both within urbanized
areas and outside urbanized areas. Installation of Specific Information Signs shall
be consistent with the State signing standards and in accordance with the MtJTCD.
A LOGO Sign shall be placed in advance of an interchange exit and shall be
readable from the traveled way. The specific location of each LOGO sign is subject
to Department approval
2. LOGO signs shall not be located at the following locations; or under the following
circumstances.
a. At interchanges with other freeways.
b. Where a U-turn or illegal movement is required to access a business.
c. Where long sections of structure, retaining wall and/or installation of noise
wall limit the convenient placement of a ground -mounted LOGO sign.
d. Where the Department determines that, for safety, or operational, or other
appropriate reasons, the installation of LOGO signs is not in the best
interest of the traveling public,
3. The Department shall base final approval of the location of a LOGO sign on the
5
following criteria.
a. Non-interference with existing regulatory, warning, guide signs or traffic
control devices. Proposed Specific Information Signs shall not be allowed
to block driver sight to any existing regulatory, warning or guide sign; or
any other Traffic control device.
b. Tourist attraction signs shall meet the minimum guide sign spacing as
described in the MUTCD.
a Right -of--way width will be checked to determine if Specific Information
Signs may be installed without interfering with existing guide signs.
d. Utilities including sewer and drainage systems, gas lines, water lines, and
electrical lines will be checked to determine ifsigns will conflictwitl~ such
utilities.
4. RELATIONSHIP TO EXIT GORE• Tlie .Specific Information Signs shall be
erected between the previous interchange and no closer than 800 feet in advance of
the exit direction sign at the interchange from which the services are available.
There should be at least 800 feet spacing between the signs. Excess spacing should
be avoided. (Figure I ).
5. CONVENIENT REENTRY REOUIRED• Specific Information Signs shall not
be erected at an interchange where the motorist cannot conveniently reenter the
Interstate Highway and continue in the same direction of travel.
6. EXIT RAMP SIGNS: At single-exit interchanges where a displayed service
facility is not visible from a ramp terminal, ram si ns shall be installed along the
r~ or at the ramp terminal, and may be provided along the crossroa .Service
information for visible facilities may be omitted. The signs shall include the
distances to service installations and directional arrows in lieu of words. The
minimum letter height should be 4 inches except that any legend on a symbol shall
be proportional to the size of the symbol. Ramp signing may be used on ramps and
crossroads at double-exit interchanges.
7. LATERAL LOCATION: The Specific Information Signs should be located so
as to take advantage of natural terrain; to have the least impact on the scenic
environment, and to avoid visual conflict with existing traffic control signs within
the highway right-of--way. Unprotected sign panel supports (ocated within the clear
zone shall be of a CDOT breakaway standard. The Specific Information Sign shall
6
be located in accordance with standard accepted good engineering practices and
approximately 30 (thirty) feet outside of the traveled lane.
RELATIVE LOCATION: In the direction of traffic successive Specific
Information Signs shall be those for "camping", and/or "Tourist Attraction",
"lodging", "food", and "gas", in that order.
DISTANCE TO GAS, FOOD, LODGING AND CAMPING SERVICES• To
be eligible for a Business Sign to be installed on a Specific Information Sign the
maximum driving distance that gas, food, lodging, and camping service facilities
can be located from the main traveled way of the Interstate Highway shall not
exceed 3 (three) driving miles in either direction. If within that 3 (three) mile limit
there are less than 6 participating services ofthe type being considered, the limit of
eligibility may be extended toS driving miles. A gas, food, lodging, and camping
service facility that is not within such maximum driving distance shall not be
eligible for a LOGO sign.
10. DISTANCE TO TOURIST ATTRACTION SERVICES: To be eligible for a
business sign to be installed on a specific information sign. The maximum driving
distance that a tourist attraction can be located from an interchange within an
urbanized area shall be limited to 3 (three) miles, and shall be limited to 10 (ten)
miles maximum driving distance from an interchange outside ofan urbanized area.
A tourist attraction that is not within such maximum driving distance shall not be
eligible for a LOGO sign.
l 1. A trailblazer sign may be used only when the directional information displayed on
the LOGO sign is inadequate to direct the public to the business,. such as where the
signed business is not visible after exiting an interstate and/or where turns must be
made onto one or more crossroads to get to the signed business. A trailblazer sign
may be used at each such turn until the business is visible.
A trailblazer sign shall be located only along the shortest route from the interstate
to the business on a conventional roadway. A trailblazer sign shall comply with the
following:
a. Trailblazer signs are to be erected prior to tl~e erection of ramp or mainline
specific information and business. signs.
b. Trailblazer signs not on -state Highway right-or-way shall not be erected
until appropriate written approval has been obtained from the jurisdiction
having authority for sign placement.
c. The business will be responsible for furnishing the business plaque for use
on tl~e trailblazer assemblies.
d. A trailblazer sign may be placed only on all weather roads clear of
obstructions that could damage a vehicle while traversing that route.
12. Services and Tourist Attractions presently utilizing Department installed guide
signing are not eligible for Specific Information Signs.
C. TYPE OF SERVICES• The type of services permitted on a LOGO sign shall be limited
to "gas", "food", "lodging" "camping", and/or "Tourist Attraction", as follows:
1. "GAS" LOGO SIGN•
To qualify for a gas LOGO sign the business must have:
a. Vehicle services, which shall include fuel, oil, anal water;
b. Restroom facilities and drinking water;
c. Subject to availability of fuel there should be continuous operation at least
] 6 Fours per day, 7 days a week. tf fuel is not available tl~e operator shall
post on the premises the location of the nearest available source (see
experimental program); and
d. Public Telephone.
2. "FOOD" LOGO SIGN:
To qualify for a food LOGO sign the business must have:
a. Licensing or approval, where required;
b. Continuous operation to serve food for a minimum of 12 consecutive hours
within the time frame of 7:00 a.m. to 1 1:00 p.m. 6 days a week, including
operation with indoor sit down facilities for a mini-num of 20 people; and
c. Public Telephone.
8
d. Restroom facilities and drinking water.
3. "LODGING" LOGO SIGN:
To qualify for a lodging LOGO sign the business must have:
a. Licensing or approval, where required;
b. Lodging accommodation. composed of units .with a private entrance for
each unit to accommodate at least two persons per unit with space for
.automobile parking; accommodations must be available for rental on a
nightly basis 7 (seven) days a week; and
c. Public Telephone.
4. "CAMPING" LOGO SIGN:
To qualify for a camping LOGO sign a business must have:
a. Licensing or approval, where required;
b. A minimum of twenty spaces to accommodate camping tents and/or travel
trailers and/or motorized campers;
c. An adequate supply of drinking water;
d. FIus1~ toilets;
e. A sanitary disposal system for travel trailers and/or motorized campers;
f. Public Telephone; and
g. Proof of maintenance in compliance with applicable State/Local Board of
Health rules and regulations.
5. "TOURIST ATTRACTION" LOGO SIGN:
To qualify for a tourist attraction LOGO sign a business must have:
a. Licensing or approval, where required;
b. Minimum of 20 (twenty) spaces for parking;
9
c. Restroom facilities and drinking water;
d. Continuous operation at lease 8 (eight) Hours per day, 7 (seven) days per
week (in season, except that this requirement shall not apply to the "arena"
category listed below in the table in Section 5. g.;
e. Public telephone;
f. Attendants on site and/or conduct tours, as required by D above;
g. To qualify for a Tourist Attraction LOGO sign a business must also meet
the minimum traffic generation criteria in the following table:
Tl'PE OF SPECIFIC • CATEGORY I • CATEGORY II "CATEGORY III
ATTRACTION CRITERIA 1,000,000 OR MORE 50,000 TO 1,000,000 50,000 OR LESS
REQUIRED REQUIRED REQUIRED
POPULATION POPULATION POPULATION
NATURAL ANNUAL 200,000 50,000 5,000
PHENOMENA ATTENDANCE
HISTORIC SITE OR ANNUAL 200,000 50,000 5,000
DISTRICT ATTENDANCE
CULTURAL ANNUAL 200,000 50,000 5,000
SITE ATTENDANCE
AMUSEMENT ANNUAL 200,000 50,000 5,000
PARK ATTENDANCE
ARENA ANNUAL 200,000 50,000 5,000
ATTENDANCE
AREA OF NATURAL ANNUAL 200,000 50,000 5,000
OR SCENIC BEAUTY ATTENDANCE
GOLF ANNUAL 200,000 50,000 5,000
COURSE ATTENDANCE
MUSEUM ANNUAL 200,000 50,000 5,000
ATTENDANCE
RECREATIONAL ANNUAL 200,000 50,000 5,000
AREA ATTENDANCE
ZOOLOGICAL OR ANNUAL 200,000 50,000 5,000
BOTANICAL PARK ATTENDANCE
WINERY OR ANNUAL 200,000 50,000 5,000
BREWERY ATTENDANCE
CATEGORY POPULATIONS SHALL BE BASED ON 80UNDARlES ESTABLISHED AS URBANIZED AREAS. IF NONE
CATEGORY SHOULD BE BASED BY CITY~I'OWN LIMITS. IF NONE THAN SHALL BE CONSIDERED CATEGORY III.
h. ELIGIBILITY: -
To be eligible as a "Tourist-Oriented Attractions of Regional Interest to the
Traveling Public", a business must be one of the following:
1. A NATURAL PHENOMENON: A natural phenomenon is
10
limited to a feature created by nature. Examples include but are
not limited to; unusual rock formations, caves, fossil beds, and
waterfalls.
2. HISTORIC SITE OR DISTRICT: A historic site or district
shall be limited to a structure or site that is of definite historical
significance as determined by the Colorado Historic Society as a
historic attraction in the National Register of Historic Places as
published by The United States Park Service, and it must. be of
State or National significance. .
3. CULTURAL SITE: A cultural site shall be limited to any facility
for the performing arts, exhibits, or concerts.
4. AMUSEMENT PARK: An amusement park shall be limited to
a permanent area which is open to the general public for three (3)
or more of the following activities; picnicking, hiking swimming,
boating, entertainment rides, food services, etc., in operation more
than 3 (three) months per year.
ARENA: An arena shall be limited to a stadium, sports complex,
auditorium, fairground, civic or convention center or race track
which has a capacity of at least 5,000 (five thousand) seats and is
holding events on at least 28 (twenty eight) days of the year.
AREA OF NATURAL OR SCENIC BEAUTY: An area of
natural or scenic beauty shall be limited to a naturally occurring
area of outstanding interest to the general public, inc{uding State
ofNational Parks, wilderness areas, mountain ranges, lakes, rivers,
canyons, and similar areas.
GOLF COURSES: Golf courses shall be limited to a facility
open to the public and offering at lease 9 holes of play. Miniature
golf courses, driving ranges, chip-and-puttcourses, and indoor golf
shall not be eligible.
MUSEUM: A museum shall be limited to a facility, open to the
public at ]east 100 days per year, in which works of artistic,
historical, or scientific value .are cared for and exhibited to the
public.
9. RECREATIONAL AREA: A recreational area shall be limited
to an area that includes bicycling, boating, fishing, hiking, rafting,
picnicking, snowmobiling, or cross country skiing.
10. WINERY OR BREWERY: A winery or brewery shall be limited
to a licensed site that produces a minimum of 1,000 gallons of
wine and/or beer per year and product commercially packaged for
off premises sale. Open to the public for tours, a minimum of 320
fours per year and provide an educational format for informing
visitors about wine and beer processing.
11. ZOOLOGICAL OR BOTANICAL PARK: A zoological or
botanical park shall be limited to a facility in which living animals,
insects, or plants are kept and exhibited to tl~e public.
D. NUMBER OF SIGNS PERMITTED: Tlie number of Specific Information Signs
permitted shall be limited to one for each type of service along an approach to an
interchange with no more than four (4) signs per direction of travel per exit.
E. COMPOSITION:
SPECIFIC INFORMATION SIGN PANELS: Tlie Specific Information Sign
panels shall have a blue background with a white reflectorized border. The size of
the Specific Information Sign panels shall not exceed tl~e minimum size necessary
to accommodate the maximum number of Business or Attraction Plaques Signs
permitted using the required legend height, panel size and spacing.
2. BUSINESS PLAQUES ON SPECIFIC INFORMATION SIGNS: Business
Signs to be mounted on Specific Information Signs shall have a business logo and
may use a legend and shall be of high intensity reflective sheeting. The principal
legend should be at least equal in height to the directional legend on the sign panel.
Where business identification symbols or trademarks are used alone for a Business
Sign, the border may be omitted, the symbol or trademark shall be reproduced in
tl~e colors and general shape consistent with customary use, and any integral legend
shall be in proportionate size. Messages, symbols, and twademarks which resemble
any official traffic control device are prohibited. The vertical and horizontal
spacing between Business Signs on sign panels shall not exceed 8 inches and 12
inches, respectively. Typical sign locations prepared from these standards are
shown in figures l and 2. Material for Business Plaques shall conform to the state
signing standards.
12
3. LEGENDS: All directional arrows on exit ramp signs and all letters and numbers
on Specific Information Signs, used in the name of the type of service and the
directional legend shall be white and reflectorized.
SINGLE EXITINTERCHANGES: On the Specific Information Signs, the name
of the type of service followed by the exit number shalt be displayed in one line
above the Business Plaques. Tl~e "gas", "food", "lodging", "camping", and "tourist
attractions" Specific Information Signs shall be limited to six Business Plaques
each.
5. DOUBLE-EXIT INTERCHANGES: Tl~e Specific Information Signs shall
consist oftwo sections, one for each exit. The top section shall display the Business
Signs for the first exit and the lower section shall display the Business Signs for the
second exit. The name of the type of service followed by the exit number shall be
displayed in a line above the Business signs in each section. Where a type of
motorist service is to be signed for at only one exit, one section of the Specific
Information Sign may be omitted, or a single-exit interchange. may be used. The
number of Business Plaques on the sign panel (total of both sections) shall be
limited to six for "gas", "food", "lodging", and "camping" and "tourist attractions".
REMOTE RURAL INTERCHANGES: In remote rural areas, where a Specific
Information Sign cannot be completely utilized by asingle qualified type of facility,
two types of facilities may be displayed on a single sign, Each type of facility must
be displayed in a vertical row of two plaques with the. identifying type of service
located above each column with the exitand number to be located above the service
identification line.
F. SIZE OF BUSINESS OR ATTRACTION PLAQUES:
Each Business Plaque displayed on the "gas", "food", "lodging", "camping", and
"tourist attractions" Specific Information Sign shall be contained within a 48-inch
wide and 36-inch high rectangular background area, including border.
2. The Trailblazer Sign Plaque shall be 18 inches high and 24 inches wide.
Legends: All letters used in the name of the type of service and the directional
legend shall be l 0-inch capital letters. Numbers shall be ] 0 inches in height.
G. PERMITS AND PROCEDURE:
13
1. No Business Sign will be installed on specific information panels prior to issuance
of a permit by the Department. Permits will be issued by the. Department in
accordance with these rules.
2. Perm it appl ications wi I I be accepted at tl~e appropriate region office in care
of the Department. Applications transmitted by mail shall be effective
from date of receipt rather than of mailing.
3. Permit applications shall specify the number of Business Signs requested per
interchange. Separate application shall be required for each type of service
requested.
4. Tl~e specific information sign and..related business signs can remain until the area
of tl~e specific information location is needed for Highway purposes or subject to
paragraph G (12) below.
5. Application foams and fee schedules may be obtained from tl~e Department and
shall contain the following information.
a. The name and address of the applicant.
b. Type of service eligible under Section C, of these rules.
c. A complete layout or sample of the brand, symbol or trademark or name or
combination ofthese, showing exactly what the business sign will display.
d. A statement of conformity with laws in accordance with Section A4 of
these regulations, Conformity with Laws.
e. A statement that tl~e permitted services are in accordance with rules in
Section B 9, Distance to Services.
f. A statement that type of services requested conforms with rules under
Section ~, Types of Services.
g. A statement including the milepost number and- name of the Interchange.
h. A standard application processing and administration fee will accompany
each application: Such fee will be returned if an application is denied or
if after approval the business sign is not erected for reasons caused~by the
Department.
14
i. The focal city or county official responsible for control of signs within their
jurisdiction must indicate their decision on the application..
6. An annual rotation procedure for granting permits will start January 1, after the
specific information sign has been in place one full cale~idar year and will only
effect new sign installations after March 12, 1987. Under. this procedure, each
business will be assigned a number according to the date of receipt of its permit
application. If a business is thereby replaced on the.specific information sign by
another business, the business being replaced will be paid a portion of the original
cost to erect the sign by the Department from monies paid by the new business
advertiser. The reimbursed portion of the original cost to erect the sign will be less
1 /10 of that cost for each year the replaced business advertiser has been on the sign.
At the end of the useful life of ilie specific information sign or after 10 years
whichever is sooner, the current business permittees or if tl~e sign is subject to
rotation, the new business permittees will be charged equal shares of the full
replacement cost of the specific information sign. The useful life of a specific
information sign is estimated to be a minimum of 7 years and a maximum of 10
years. For the purpose of computing reimbursement, the useful life of the specific
information sign shall be ] 0 years. AI! businesses grandfathered by the March 12,
] 987 law change will be subject to the rotational plan after the 10 year useful life
of the sign has been reached.
7. Permits for Business Signs shall be valid for a period of one year, beginning each
January 1, without proration for periods less than one year.
8. The holder of a permit shall have the right during the term of the permit to change
the advertising copy so long as the copy conforms to these rules. Cost of such
changes in the copy or legend of the Business Sign shall be at the expense of the
permit holder. Permit holders will be charged an additional maintenance and
administration fee for each plaque removed and/or remounted.
9. Once an application is approved, the owner shall remit the erection and
imaintenance fees within ten days of receipt of written notice of such approval. Fees
wit( be in the amount prescribed by the fee schedule, shall not be prorated for
fractions of years, and will fulfill the owner's maintenance obligation for the first
calendar year or fraction thereof during which a business sign is actually installed.
If the fees are not received within 60 days of receipt of written notice, tl~e business
application is void and a new application and administrative fee will be required to
be submitted for plaque installation. If the Department denies the owner's business
sign application for safety or other Highway related reasons, this fee will be
returned.
15
10. PERIOD OF OPERATION OF BUSINESS• For businesses operated on a
seasonal basis, Business Signs denoting types of services not then available shall
be covered or removed. This work shall be done by tl~e Department . An additional
maintenance and administration fee shall be paid for this work. [t shall be the
responsibility of the business operator to notify the Department of the dates of
.unavailability of motorist service not less than 20 days prior to seasonal closure or
unavailability of services.
1 1. When the specific information sign needs to be replaced or substantially repaired
for any cause, the cost to rebuild the sign will be charged in equal amounts to the
current business (logo) sign permit holders.
12. When it is determined by the Department of Transportation that a business is no
longer entitled to advertise under these rules, or that an advertised business service
no longer is available, then the Business Sign for that particular business shall be
removed or covered by the Department. Permit holders shall be entitled to notice
and hearing prior to removal or covering of a sign pursuant to CRS-1973 43-1-412'
(Colo. Sess. Laws chapter 512) and rules and regulations promulgated thereunder
except where the Department has reasonable grounds to believe and finds that the
public health, safety, or welfare imperatively require emergency action as provided
in C.R.S. 24-4-104(4). In such instances a plaque may be immediately removed or
covered. Such instance may include, without being limited to:
a. Upon a business service no longer being available the Department shall
give appropriate notice thereof to tl~e per-nittee.
13. Permit applicants and Holders are advised that upon an approved revision of the
urbanized boundary to include the interchange where the specific information and
business signs have been installed, such signs will then be prohibited pursuant to
CRS 1987 43-1-420. Such signs will be subject to removal upon notice and a
hearing will be provided- pursuant to C.R.S. 1973, 43-1-412.
H. RENEWAL OF PERMITS:
1. PROHIBITION: No permit shall be issued for any Business Sign which simulates
any official traffic control device or sign.
2. DENIAL-REVOCATION: The provisions of Sections 43-1-410 and 412 C.R.S.
and rules and regulations promulgated thereunder and shall apply to the denial or
revocation of a permit or renewal of a perm it.
16
Applications for renewals for Business Signs permits shall be made before the first
day of December of each year, and shall be accompanied by a maintenance and
administration fee per permit. as shown in the Fee Schedule. If the renewal
application is not received prior to tl~e first day of January of tl~e renewal year tl~e
Business Sign permit shall expire and the sign shall be removed, pursuant to G 12
(a) above.
4. Permits will be issued. at Regional Offices, presently located in Greeley, Grand
Junction, Pueblo, Aurora, and Metropolitan Denver. Applications may be obtained
from and mailed to the respective Department Offices. '
All renewal applications for of permits shall be mailed to The Roadside
Beautification Section, 4201 E. Arkansas Ave., Denver, CO 80222.
L REPLACEMENT -RESPONSIBILITY: The Department shall not be responsible for
lost, stolen, defaced, deteriorated, damaged or destroyed Business Signs regardless of the
cause. The applicant shall be responsible for delivering a replacement or renovated sign to
the Department to replace any sign which is lost, stolen, defaced, destroyed or which is in
a deteriorated condition.
J. PAYMENT AND FEES: Fees forerecting, maintaining and administration ofthe Specific
Information Signs shall be paid in advance by approved applying business and/or businesses
in accordance with the Schedule. as amended a'hd updated by the Department. Fees for
erecting Specific I~~formation Signs are calculated to cover the total cost ofthe signs and are
a one time charge as is the Processing and Administration charge. Tl~e Maintenance and
administration fee shall be charged on an annual basis at a rate to be determined by the
Department pursuant to CRS 1973, 43-1-420, as amended. Business Signs to be placed on
the Specific Information Signs shall be furnished and paid for by the business being
identified.
In case of a single approved applicant business that party will be held responsible for the
entire Specific Information Sign cost with. a right of reimbursement from subsequent
approved applicant businesses so that each approved applicant business will share equally
in the total sign cost. Once the equal share of total cost of tl~e sign for each advertiser has
been established, each new advertiser will pay the Department tl~e cost determined by the
rotation procedures outlined in G, 6 of the regulations. That cost will then be refunded to
the business advertiser whose business sign is required to be removed from the specific
information sign.
17
Cost Share Schedule:
Number of Apelicants Percent
One 100
Two 5 0
Three 33 l /3
Four 25
Five 20
Six 16 2/3
To effect the above cost sharing schedule, first deter-nine the total sigq cost and then divide that share
equally with the existing approved applicant businesses. ..
For example: If there are three applicants for a four panel lodging sign, the three applicant businesses will
each have to pay one third of the'total cost for the Specific Information Sign. Wlien a fourth applicant for
that Specific Information Sign is approved that applicant wi II pay 25% ofthe cost of the Specific Information
Sign and the Department will distribute the funds between tl~e original three applicants. Thereafter there
shall be no right to reimbursement.
K. FEE SCHEDULE FOR ERECTING SPECIFIC INFORMATION SIGNS
Tl~e fee schedule for erecting a specific information sign is based upon.tl~e total actual costs
of erecting and maintaining the sign and of tl~e administration of the sign program. This
total cost figure is subject to frequent and immediate change. To eliminate the additional
increased costs of promulgating new regulations each time tl~e total actual program costs
change, the actual fee to be charged a particular applicant will be determined by the
Department at the time of such application based upon the appraisal of total costs then
existing for the program. The current fee schedule is attached as an addendum hereto by
this reference for informational purposes only. All such costs for a specific information sign
will be billed equally to each business advertiser on that specific information sign.
18
,.
Figure i.??.I. TYPICAL SIGNING FOR SINGLE-EXIT l~1TERCHANGES
(4 AND 2 PANEL LOGOS)
TRAVEL DISTANCE
uEASURFO caou
THIS POINT
~"' •RA1~ SIGNS t AS REOUIREO
~ AT 200' SPAC INGI
~t
~ mss..-. 1 c000i~
~-- ~~ooclNC~•
~~-- 1 CA4PING1~
[x7T ~~-cATTRACT10Ni•
~ ra ~
•AS - OQT M •At - OQf {~{
QIT
56
Me tro p O I is /~ Y ICN • -000 - oaT M ~ rooo - oaT W
Utopia SV-'1
0
Metropolis
Utopia
Miff
600
YIN.
. •. ~
1OD68iG - OQi M L0001i1G - OQT 4t
eoo•
MIN. D ~
.j
600' OR
M 1 N. ClIA~tIMq - WT K G44tM - LIIT 4f
•"~
6'00'
YIN.
ai '
*NOTE: A MAXIMUM OF FOUR LOGO SERVICES ARE PERMITTED AT A
GIVEN INTERCHANGE. IN THE ABOVE FIGURE AN
ATTRACTION LOGO MAY BE SUBSTITUTED.
f
r
Figurc 1.22.2. TYPICAL SIGHING FOR SI'~GLE-EXIT INTERCHANGES
(6 AhD 3 PANEL LOGOS)
TG~VEI 01$TIN[E
MEASvaED FROM
TM IS POINT
tRAYP SIGNS +A$ REOuIRED
lT 200' SP AC {NG7
4 .~- I c 0001 ~
~f- IIODGINL7~
~f- I CAMPING7~
~~IATTRACf10N7~
OR
.. W - OQf M ~At - Q7T {{
a
oac~
IOCR
Sb
Metropolis
lttoplc
56
Metropolis
l~topia
,_.
1
600' ~
M 1 N, p00 - WT M f'VOO - OQT M
000 oao
0~0
E DO'
ulr..
~. ~ oR
7.ooso+~ - IOOT sn wosaN - OCT w
e0o' aao aoa
YIN. a o a
~~
/ 000' oR
IA I N. canr.w -oar a4 caAVS+s _ aar «
.~ aoa aoa
oaa
aoo'
MIN. ,
i.a
*NOTE: A'VtAXIviUM OF FOUR LOGO SERVICES ARE PERMITTED AT A
GIVEN INTERCHA,VGE. IN THE ABOVE FIGURE AN
ATTRACTION LOGO IViAY BE SUBSTITUTED.
MEMORANDUM
TO: Vail Town Council
FROM: Bob McLaurin, Town Manager
RE: Town Manager's Report
DATE: April 2, 2002
Dinner with Avon Town Council
Pursuant to direction from the Mayor, it's again time to break bread with our
peers farther to the west. And it is Vail's turn to host the dinner! Please be
prepared to discuss some mutually acceptable dates at the meeting on April 2nd.
Upcoming November 5, 2002, State/countywide election
Given the town may be looking at some fall ballot issues, we contacted Sara
Fisher, the Eagle County Clerk and Recorder, to confirm what the voting scenario
would be this fall. Because this is a bi-partisan election (Republican-Democrat)
in an even numbered year, it will be an at-the-polls election, conducted by the
County. The coordinated ballot (one ballot) will contain at least one statewide
issue asking voters to allow ALL elections to be held by mail ballot; one
countywide issue in re: to term limits; and of course, the town's ballot issues,
should we have them (i.e., fire department, et al).
Revenue Issue #5: Fire Services
Discussion of this item has been set for the evening meeting on May 21st. By
that time, we will have the results of the May'02 ballot in re: to a 2 mill increase
for the ambulance district (Eagle County Health Service District) and the results
of whether Minturn joins the Eagle River Fire District.
Vail Recreation District request
Attached to this memo, is a letter from the Vail recreation District requesting
reimbursement for certain portions of the cost for the Dobson Ice Arena. I have
indicated to Piet Pieters that it was highly unlikely that the Town of Vail would
consider the full $2.6 million. The council will need to decide how you wish for
me to respond to this letter. Hopefully we can take a few minutes during the
town manager's report and discuss this matter. If there is any interest in funding
a portion of this cost, please bring some suggestions you may want to consider.
Bruce Admendment Update
Last week during the. Council's discussion about revenues, there was a
conversation about the Tabor constitutional amendment that prohibits the
imposition of real-estate transfer taxes. Specifically, this was an effort that would
F:TO WNMGR/TMAGRPT/040202
allow local governments to place RETT questions on local ballots. This effort
was being spearheaded by the Colorado Association of Ski Towns. (CAST).
Because of difficulties finding an appropriate sponsor, CAST has abandoned this
effort. The Colorado Municipal League may be willing to work with us on this
issue next year. We will be discussing this with the policy committee of CML
later this summer.
April 16, 2002 -Work Session
VRD Quarterly Meeting
Memorial Park/Cemetery Discussion
Visitor Center 6 month Update
Strategic Planning: -Housing
April 16, 2002 -Evening Meeting
Bravo! Vail Valley Music Festival Request for Funding
Ord. #4, Rezoning Criteria, 2nd reading
Ord. #5, Amending SDD #35, 2nd reading
Ord. #6, Off-Site Advertising, 2nd. reading
Ord. #7, Commission on Special Events, 2"d reading
May 7, 2002, Work Session
Strategic Planning: -Community Facilities
• Discuss town's role and prioritize
May 21, 2002, Work Session
Strategic Planning: -Parking
• 500-600 new spaces should be the responsibility of VRI
• New spaces should be developed in conjunction w/LionsHead
redevelopment
• Develop "shopper's" parking plan
• Revenue .Issue #5: Fire Services
June 4, 2002, Work Session
Strategic Planning: - I-70 impact: the biggest issue over which we have the least
control: concentrate on what we CAN control.
• Short term vs. long term
• Monorail
June 18, 2002, Work Session
Strategic Planning: Keep a close eye on private and redevelopment projects.
July 2, 2002, Work Session
Strategic Planning: Continue development of relationships not only with VRI but
w/other constituency groups.
• Set up meeting(s)
F: TOWNMGR/TMAGRPT/040202
Bob McLauren
700 S. Frontage Road East
Vail, Colorado 81657
970.479.2279
f 970.479.2197
www.vailreccom
VAIL GOLF CLUB
1778 Vail Vallev Drive
479.2260
f 479.2355
GOLF MAINTENANCE
1278 Vail Valley Drive
479.2262
f 479.3451
PARK MAINTENANCE
700 S. Frontage Road East
479.2457
f 479.2281
VAIL TENNIS CENTER
700 S. Frontage Road East
479.2294
f 479.2281
JOHN A. DOBSON ARENA
321 Lionshead Circle
479,2271
f 479.2267
VAIL YOUTH SERVICES
395 E. Lionshead Circle
479.2292
f 479.2835
VAIL NATURE CENTER
Vail Valley Drive
479.2291
f 479.3459
Town Manager; Town of Vail
75 South Frontage Road East
Vail, CO 81658 March 18, 2002
Re: Dobson Renovation Reimbursement
Dear Bob,
In accordance with the current Town of Vail (TOV;
Town) and Vail Park and Recreation District (VRD; District)
Lease (The Lease) dated December 21, 1993. the VRD
respectfully requests reimbursement of various capital costs
associated with the Dobson additions and renovations project of
200E Specifically, section 3.B.v. of The Lease states, "The
repair,. maintenance, and replacement of the refrigeration system
for the ice surface in the Dobson Ice Arena shall be the sole
responsibility and cost of the District." Further, "The Town shall
be responsible for all capital improvements including
replacement of structural and non-structural components such as
would be depreciable pursuant to the federal tax rules and
regulations:"
I have provided a cost breakdown (Exhibit A) detailing
the Four (4) primary components of this project. In summary.
they are; Ice Replacement, $870,080.00; Site work,
$634,650.00; Additions and Renovations, $1,994,502.00; and
ARRUP Work, $89,950. Based on the above referenced lease
language the VRD is seeking reimbursement for the Site work
and Additions and Renovations components of the project (TOV
has paid for ARRUP) which totals $2,629,152.00.
As you maybe aware the VRD issued Series. 2002
MARKETEVC Enterprise Revenue Notes totaling $3,445,000.00 to fund this
70o s. Frontage Roaa East project. The term of these notes is 20 years. I would offer a 20-
479.2446 year payback from the town, which could be applied towards the
f 479.2197
annual debt service requirements of the VRD. The particulars
ADULT Bt YOUTH SPORTS
700 S. Frontage Road East
479.2280
f 479.2281
www.sportsstandings.com
Or visit us on the web at:
www.vailrec.com
700 S. Frontage Road East
Vail, Colorado 81657
970.479.2279
f 970.479.2197
www.vailreccom
VAIL GOLF CLUB
1778 Vail Valley Drive
479.2260
f 479.2355
GOLF MAINTENANCE
1278 Vail Valley Drive
479.2262
f 479.3451
FARK MAINTENANCE
700 S. Frontage Road East
479.2457
f 479.2281
VAIL TENNIS CENTER
700 S. Frontage Road East
479.2294
f 479.2281
JOHN A. DOBSON ARENA
321 Lionshead Circle
479.2271
f 479.2267
VAIL YOUTH SERVICES
395 E. Lionshead Circle
479.2292
f 479.2835.
VAIL NATURE CENTER
Vail Valley Drive
479.2291
f 479.3459
MARKETING
700 S. Frontage Road East
479.2446
f 479.2197
ADULT St YOUTH SPORTS
700 S. Frontage Road East
479.2280
f 479.2281
www.sportsstandings.com
Or visit us on the web at:
www.vailrec.com
could be worked out using an Intergovernmental Agreement or
some other binding agreement, as both entities deem adequate.
We are anxious to move forward and are available to
discuss any issue at your convenience.
Re ~~,
F ~
Ro ert C. Trautz
Chief Financial Officer
Vail Recreation District
Cc: Piet Pieters
Enclosure:
F
DOBSON ARENA ADDITIONS AND RENOVATION
COST BREAKDOWN
Project Component
Ice Replacement
Refrigeration
Boards
Demo and Installation
General Conditions & Fee
Sitework
Demo, Drainage
Paving, Curbs & Retaining Walls
Pedestrian Bridge
Irrigation, Landscape, & Lighting
General Conditions & Fee
Sitework sub-total $ 28,850
Additions and Renovations $ 241,370
Excavation, Foundations, Flatwork
Pre-Cast, Structural Steel, Concrete Block
Roofing, Zinc, & Exterior Building
Locker Rooms, Office, Conf Room, Electrical
General Conditions & Fee
additions & renovations sub-total
Arrup Work
General Conditions & Fee
Total Project Cost
Design Construction Total
Fee Fee Fee
$ 17,980
ice sub-total $ 17,980
$ 28,850
arrup sub-total
$ 241,370
$ 366,500
$ 106,000
$ 325,000
$ 54,600
$ 852,100 $ 870,080
$ 225,000
$ 152,000
$ 28,000
$ 115,000
$ 85,800
$ 605,800 $ 634,650
$ 235,000
$ 250,000
$ 255,000
$ 725,232
$ 237,900
$ 1,703,132 $ 1,944,502
$ 78,250
$ 11,700
$ 89,950 $ 89,950
$ 288,200 $ 3,250,982 $ 3,539,182
Exhibit A
MEMORANDUM
March 27, 2002
To: Vail Town Council
Bob McLaurin
Pam Brandmeyer
Christine Stouder
From: Sally Lorton
Re: February Sales Tax and Lift Tax
Attached please find the latest sales tax worksheet and the final report for 2001. I
estimate I'll collect another $47,000.00 in February sales tax to bring February
collections to $2,238,451.00. If so, we will be up 3.18% or $68,905.00 from budget and
down 5.40% or $127,870.00 from February 2001.
February lift tax is $512,053.00, which is up 1.83% or $9200.00 from February
2001. So far, for the ski season, lift tax is up 4.48% or $61,397.00.
onth
991
992
993
994
996
996 Town of Vail
Sales Tax Worksheet
3/26/02
1997 1998 1999
000
001
udget
hange
2002 Budget from
Collections Variance 2001
Change
from
Budget
January 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,025,942 2,028,521 2,579 -8.23% 0.13%
February 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,169,546 2,191,451 21,905 -7.39% 1.01%
Total 3,450,434 3,490,222 3,684,130. 3,620,202 3,710,704 3,929,171 4,142,242 4,268,480 4,087,945 4,258,199 4,576,868 4,195,488 4,219,972 24,484 -7.80% 0.58%
March 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,355,387
April 616,648 691,163 864,303 794,668 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 955,952
May 250,809 268,000 257,248 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,234 411,102
June 468,948 468,598 475,161 548,820 590,685 594,907 630,366 633,400 692,811 721,774 751,439 688,454
July 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,061,543
August 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,029,162
September 491,684 485,954 560,535 725,205 645,902 630,453 637,831 735,608 806,600 817,313 747,766 684,231
October 324,802 367,578 400,525 408,405 461,791 413,573 472,836 515,531 536,204 547,201 486,570 444,891
November 428,086 497,907 553,681 594,491 611,147 601,208 707,166 656,596 582,260 691,445 571,783 523,732
December 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 1,728,878
Total 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,030,386 14,509,421 15,232,588 15,411,044 14,078,820 4,219,972
onth
990
991
992
993
994
995 Town of Vail
Sales Tax Worksheet
3/4/02
1996 1997 1998
999
000
udget
001
Collections
udget
Variance
hange
from
2000
Change
from
Budget
January 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 2,066,459 2,034,529 2,087,561 2,210,547 122,986 8.65% 5.89%
February 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 2,021,486 2,223,670 2,280,739 2,366,321 85,582 6.42% 3.75%
March 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 2,415,202 2,545,573 2,611,010 2,568,871 (42,139) 0.92% -1.61%
April 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 1,107,334 952,843 926,771 950,308 .1,043,431 93,123 12.59% 9.80%
May 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 382,718 370,864 388,121 397,259 448,234 50,975 15.49% 12.83%
June 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 633,400 692,811 721,774 739,993 751,439 11,446 4.'11% 1.55%
July 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,263,442 1,157,867 (105,575) -6.28% -8.36%
August 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,062,475 1,124,275 61,800 8.26% 5.82%
September 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 735,608 $06,600 817,313 838,140 747,766 (90,374) -8.51% -10.78%
October 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 515,531 536,204 547,201 560,837 486,570 (74,267) -11.08% -13.24%
November 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 656,596 582,260 691,445 708,836 571,783 (137,053) -17.31% -19.33%
December 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 1,883,805 2,062,205 2,078,220 1,933,940 (144,280) -6.22% -6.94%
Total 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 14,509,421 15,232,588 15,578,820 15,411,044 -167,776 1.17% -1.08%
(~, r ,,~, .~(s.Q rcp~i,,r~.. 6vY
PROCLAMATION
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and
annihilation of European Jewry by Nazi Germany and its collaborators
between 1933 and 1945. Jews were the primary victims -six million
were murdered; Gypsies, the handicapped, and Poles were also
targeted for destruction or decimation for racial, ethnic, or national
reasons. Millions more, including homosexuals, Jehovah's Witnesses,
Soviet prisoners of war and political dissidents, also suffered grievous
oppression and death under Nazi tyranny.
WHEREAS, the history of the Holocaust offers an opportunity to reflect on the
moral responsibilities of individuals, societies, and governments; and
WHEREAS, we the people of _`_~ __________ should always remember the
terrible events of the Holocaust and remain vigilant against hatred,
persecution, and ty~~ra/nny; and
WHEREAS, we the people of __Sr_°~?~____________ should actively rededicate
ourselves to the principles of individual freedom in a just society; and
WHEREAS, the I~~ys of Remembrance have been set aside for the people of
__=1~~?'~ __________ to remember the victims of the Holocaust as
well as to reflect on the need for respect of all peoples; and
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980)
the United States Holocaust Memorial Council designates the Days of
Remembrance of the victims of the Holocaust to be Sunday, April 7
through Sunday, April, 14, 2002, including the international Day of
Remembrance known as Yom Hashoah, Apri19;
NOW, therefore, I _____________________, _________ of _____________________, do hereby
proclaim the week of Sunday, April 7 through Sunday, April 14, 2002,
as Days of Remembrance in memory of the victims of the Holocaust,
and in honor of the survivors, as well as the rescuers and liberators,
and further proclaim that we, as citizens of ___________~__________,
should strive to overcome intolerance and indifference through
learning and remembrance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of
_______________________ to be affixed this ____ day of __________2002.
Seal
.~
Eagle River ~°
Watershed Council
TO MEMBERS OF VAIL TOWN COUNCIL
FROM CAROLINE BRADFORD, EAGLE RIVER WATERSHED COUNCIL
DATE APRIL 2, 2002
SUBJECT BLACK GORE CREEK PROGRESS UPDATE & FUNDING REQUEST
First, let me thank you for the Town of Vail's strong support of our efforts to date. Your
commitment to resolving the issue of traction sand pollution of Black Gore Creek is vital to our
progress thus far. We must prevent the years of accumulated traction sand from making its way
down into Gore Creek in Vail. Vail's water quality and fishing habitat depend on our success.
Attached to this memo are a brief recap of our accomplishments since last fall and a list of the
work projects that your matching funds help to construct. Thank you for renewing your financial
support of our efforts. Funds from the Town of Vail are heavily leveraged for success. Every
dollar invested in these efforts ensures that CDOT will continue to focus on resolving the
problem by committing significant resources to the site.
HISTORY OF SUPPORT:
2001 Allocation
$10, 000
10 000
$20,000
REQUEST:
2002 Allocation Request
$15,000
$20,000
$35,000
Thank you
For sand work on collaborative project October 2001
(A portion leveraged on new project for spring 2002.)
For successful ERWC efforts to focus attention on issue.
For sand work on collaborative project #2. (See attached.)
For ERWC lobbying efforts on Black Gore Creek.
Thank you for your collaborative approach to the difficult issue of traction sand and
sedimentation on Vail Pass. By keeping attention focused on this issue with such a wide variety
of partners, we are assured of continued progress. It is our goal to secure the major funding
needed to prevent the continued degradation of Black Lakes, Black Gore Creek, and Gore Creek
in Vail. We appreciate your support.
' l s~~t-c
P. S YOUARE INVITED TO JOIN US ON...
Thursday, Apri118, 2002
7:00-9:00 PM
Vail Town Council Chambers
Presentation of the Sediment Control Action Plan by CDOT
Public comment period ends Apri131. Action Plan scheduled to be completed by May 31.
Tuesday, June 18, 2002
Specific Time TBD -Mid day
Vail Pass Black Gore Creek Site Tour
Black Gore Creek Steering Committee members and stakeholders will tour project sites.
Eagle River Watershed Council Tel 970-827-5406 Fax 970-827-5412 hradford~vaii.net P.O. Box 4S0 Minturn, CO 81645
BLACK GORE CREEK
RECAP OF SEDIMENT CONTROL ACTIVITIES & PROJECTS
CDOT INCREASED MAINTENANCE ACTIVITIES
/ JULY -OCTOBER 2001
Description: Significant increase in sediment maintenance levels of service on Vail Pass made
possible by a special allocation of funds from the Transportation Commissioners for Black Gore.
CDOT $2,481 Machine sweeping
CDOT $8,341 Drainage structures
CDOT $22,591 Ditch cleaning
CDOT $50,000 Remove sand from behind jersey barriers*
$83,413 *This project was done under contract, not by CDOT staff.
COMPLETED COLLABORATIVE SEDIMENT CONTROL PROJECT
/ OCTOBER 2001
Description: Sediment retention basin constructed (westbound side of Interstate) between Sand
Castle and trucker's bathroom. Project managed by ERWSD consultant, Bob Weaver of
Hydrosphere.
CDOT $20,000 Allocation from Transportation Commissioners
TOV $4,000 Partial .allocation of $10,000 pledge in 2001
ERWSD $6,461
$30,461
CONFIRMED COLLABORATIVE SEDIMENT CONTROL PROJECT #1
/ SUMMER 2002
Description: Install several additional sediment retention basins (westbound side of Interstate)
that will collect sediment before it enters upper Black Gore Creek and Black Lake No. 2. Project
managed by ERWSD consultant, Bob Weaver of Hydrosphere.
319 Grant $142,500 This grant is still pending. High probability.
CDOT $75,000 Allocation from Transportation Commissioners
ERWSD $14,000
TOV $6,000 Carried forward from allocation in 2001
$237,500
PROPOSED COLLABORATIVE SEDIMENT CONTROL PROJECT #2
^ SUMMER 2002
Description: This project is currently being developed in cooperation with CDOT, ERWSD, and
various members of the Black Gore Creek Steering Committee. It will be the highest priority
project outlined in the Sediment Control Action Plan priority list that fits this proposed budget.
CDOT $300,722 Transportation Enhancement Funds
CDOT $25,180 Allocation from Transportation Commissioners
ERWSD $15,000 Proposed funding partner not confirmed**
TOV $15,000 Proposed funding partner not confirmed**
Eagle County $20,000 Proposed funding partner not confirmed**
$375,902
**ERWC to raise $50,000 fro m local stakeholders to provide a match for federal and state project funds.
Additional funds needed for ERWC lobbying expenses and coordination efforts are separate from sand clean up
project costs.
Eagle River Watershed Council Tel 970-827-5406 Fax 970.827-5412 bradford@vaii.net P.O. Box 430 Minturn, CO 81645
BLACK GORE CREEK STEERING COMMITTEE
ACCOMPLISHMENTS MADE POSSIBLE BY TOWN OF VAIL SUPPORT
AUGUST 2001
/ Requested financial support from Town of Vail, Vail Resorts, Eagle River Water &
Sanitation District, & CDOT for sediment retention project adjacent to "Sand Castle."
SEPTEMBER
/ Local funding partners commit to joint project.
/ Project put on hold by CDOT pullout. ERWC increases discussions with CDOT.
/ Increased participation in Black Gore Creek Steering Committee results in USFS strong
support of CDOT action and proposed project.
OCTOBER
/ Problems resolved with CDOT regarding proposed project.
/ Small project is completed under direction of Hydrosphere for ERWSD.
/ Paving of retention basin completed as first snow flies.
/ Enlarged sound berms reseeded in East Vail.
NOVEMBER
/ Transportation Commission commits $75,000 for sand clean up to Black Gore Creek.
/ More participation in Steering Committee; increased progress by subcommittees.
/ Priority project identified by members of the Steering Committee with CDOT. (See
board.) This project will address sand flowing from north side of Interstate just west of
Sand Castle through culverts under the highway into Black Lakes.
/ Matching grants applied for by ERWSD with support from CDOT and ERWC for
collaborative project.
/ Grant submitted to Environmental Protection Agency. (Request denied.)
DECEMBER
/ Grant submitted to CDPHE Nonpoint Source Council for $142,500. (Decision in April.)
/ Total collaborative project#1 will cost $237,500 to be completed in summer 2002.
JANUARY 2002
/ Progress by CDOT's consultant in developing a Sediment Control Action Plan.
/ Lobbying efforts with CDOT's Policy Director.
/ Prepared brief for County Commissioners to take to Washington, D.C. (See attached.)
/ CDOT commits $375,000 from Transportation Enhancement funds and $40,000 from
special Transportation Commissioners allocation for project this year. ERWC needs to
raise $50,000 match for a total project of $468,000.
FEBRUARY
/ Eagle County Commissioners take briefing paper to Congress asking for $15 Million
/ CDOT revises Transportation Enhancement downwards from $375,000 to $300,722.
MARCH -APRIL
/ 319 Grant from Nonpoint Source Council receives high marks. Final decision soon.
/ Project #2 being developed in conjunction with CDOT regions 1 & 3 with BGCSC input.
/ Local matching funds sought from partners for "Project #2"
/ ERWC, USFS, Eagle Co. to update Transportation Commissioners April 11 in Denver
/ Scheduled presentation of draft Sediment Control Action Plan to Steering Committee and
Stakeholders on April 18, 7:00 PM at Town of Vail Council Chambers
Eagle River Watershed Council Tel 970-827-5406 Fax 970-827-5412 bradford@vaii.net P.O. Box 430 Minturn, CO 81645
BRIEFING PAPER SUMMARY POINTS
ISSUE: CONTROL MEASURES ON INTERSTATE 70 TO ELIMINATE SOURCE WATER
~' POLLUTION TO BLACK GORE CREEK, EAGLE COUNTY, COLORADO-
The application on Interstate 70 of over 300,000
tons of traction sand (95% sand/5% salt mixture)
in the past 30 years has significantly degraded
the high alpine waterway of Black Gore Creek, a
clear violation of The Clean Water Act. Interstate
70, which parallels Black Gore Creek, was sited
by the Federal Department of Transportation
without fully comprehending or planning for the
consequences of maintenance activities of that
decision.
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The continued degradation of Black Gore Creek ~^~< '`-
must be prevented by implementing source ~ -
control measures to stop the sand from leaving Interstate 70 and reaching the stream. In addition,
the historical sand from Interstate 70 must be cleaned up. Funding solutions need to be developed
without impacting local road projects in Eagle County, Colorado,
DESIRED CONGRESSIONAL ACTION:
An increase of $15 Million Dollars for the Colorado Department of Transportation, (CDOT)
specifically designated to. implement the Sediment Control Action Plan developed by the Colorado
Department of Transportation for Black Gore Creek in the FY 2004 budget.
1. KEY FACTS
v Location; Black Gore Creek, a 21.3 mile long stream, winds back and forth under
Interstate 70 from the summit of Vail Pass to the confluence with Gore Creek in Vail. This
once pristine alpine stream is now degraded with traction sand. The stream is located
entirely in the White River National Forest within approximately 450 feet of the highway.
History: In order to maintain this high altitude {10,603' elevation) highway for heavy
interstate truck traffic during winter storms, 15-20 thousand tons of traction sand are applied
to the pavement each year. This sand is then plowed or erodes directly into the riparian
corridor of Black Gore Creek. The scope of the problem is outside the parameters of routine
annual maintenance activities undertaken by CDOT staff.
Scope of the problem: In many places, the sand is now four to six feet deep, Over
300,000 tons of traction sand have been applied in the past 30 years. (sour°e: c~oT)
Historically, maintenance activities have been inadequate to deal with the problem. Removal
of accumulated sand may be impossible in a limited number of sites, though in many other
places, the sand is accessible and could be removed.
Major change in treatment methods not anticipated; In addition to 90,117 tons of
traction sand in the past five years, over 120,000 gallons of magnesium chloride have been
applied to this 10 mile stretch of Interstate. (so~r°e: coor,~9ss-2ooo. ~ Due to the heavy
interstate truck traffic on I-70, the massive use of traction sand will not be replaced by the
growing use of chemical de-icers. (Although still being studied, the use of magnesium
chloride does not appear to have the same negative impacts to the environment as the use
of sand and salt,) CDOT successfully combines these two methods of treating the highway
to maintain the flow of traffic during winter storms.
P 1f3
This brief was prepared by the Eagle River Watershed Council in collaboration with members of the Black Gore Creek Steering Committee
for the Eagle County Commissioners. Please call 970-827-5406 or email bradford~vail.net for more information.
Impacts of Traction Sand:
v Traction sand migrates into Black Gore
Creek, smothers vegetation, kills the root
system of trees, eliminates healthy bug
habitat and fills the spawning beds of
native fish species.
o Traction sand reduces wetland areas
located along the interstate and destroys
these valuable protected ecosystems by
covering them in sand.
Traction sand migration downstream will
impact the Gold Medal Trout Fishery in
Vail. Fly-fishing is valued at $20 million
per year to our local economy. We must
ensure there are no negative impacts
from sand to this important recreational
component of our economy.
= Traction sand has degraded the water
quality of Black Gore Creek causing
added costs associated with providing
clean drinking water.
Traction sand accumulates in Black
Lakes, encroaching upon the storage
capacity of water supply reservoirs that
serve the Town of Vail, and are used to
maintain in-stream flows.
Current Activities:
The Black Gore Creek Steering Committee, formed in June 1998, has improved
communications and collaboration among stakeholders to address this issue. This
committee consists of approximately forty staff and elected officials from federal, state and
local agencies as well as representatives from environmental groups, water providers, and
local businesses. The Eagle River Watershed Council coordinates this committee.
In 2001, CDOT constructed a large covered sand storage shed at the summit of Vail Pass,
which is already having measurable benefits. Additional small demonstration projects in
2000/2001 include the remediation of one wetland area in the vicinity of Black Lake, the
removal of sand behind jersey barriers along a two mile stretch of Interstate 70, and the
construction of a small sediment retention facility adjacent to the sand shed.
PROPOSED SOLUTION
Implement the Sediment Control Action Plan (SCAP)
The action plan being prepared by the Colorado Department of Transportation focuses on
removing the source of sand entering Black Gore Creek and the sand located within 30
feet of the pavement. This is the first phase of the necessary action to address this
problem in its entirety. We must also plan for action that will address the accumulated sand
directly in the riparian corridor. Major steps in the CDOT action plan to address source
control measures include:
a. removing annual accumulated sand deposits and revegetating disturbed areas;
b. paving road shoulders to facilitate routine collection of sand;
c. constructing and maintaining new sediment retention facilities;
d, installing barriers to prevent mixing of clean snowmelt with traction sand; and
e. implementing Best Management Practices for maintenance activities.
Identify and implement strategies to address old sand in the riparian corridor.
P J3
This brief was prepared by the Eagle River Watershed Council in collaboration with members of the Black Gore Creek Steering Committee
for the Eagle County Commissioners. Please call 970-827-5406 or email Bradford@vail.net for more information.
I(I. OUTCOMES OF PROPOSED SOLUTION
Avoid Litigation Related to the Violation of the Clean
Water Act The proposed solution will enhance the ability of
the Colorado Department of Transportation to fully comply with
the terms of their highway easement deed (May 14, 1982).
Under this agreement, they must "prevent soil erosion and
maintain all preventive works as necessary to control sediment
and its effects" in order "to protect Federal /ands administered
by the United States Forest Service, "
Avoid 303d Listing -Total Daily Maximum Load.
Black Gore Creek is on the Colorado Department of Public
Health & Environment's (303d) Monitoring List to evaluate
traction sand impacts and determine whether or not a limit on
sediment loading should be imposed,
Enhanced Cooperation Federal funding for the
implementation of the Sediment Control Action Plan would be
a showcase for proactive cooperation among stakeholders
addressing complex environmental problems without litigation.
IV. TIMELINE FOR KEY MILESTONES
April 2002 Review of CDOT's draft Sediment Control
Action- Plan by Black Gore Creek Steering
Committee members. Public comment period.
May 2002 CDOT submits Sediment Control Action Plan to
Colorado Transportation Commission for
comment and review. Revised plan is completed
by May 31,'02.
June 2002 Adoption of Sediment Control Action Plan by the
Colorado Transportation Commission. Tour of
site by elected officials and key stakeholder
staff.
July 2002 Continuation of planned demonstration projects
in cooperation with CDOT and Black Gore
Creek Steering Committee partners.
2002/2003 Obtain necessary permits and complete design
work for implementation of CDOT
Sediment Control Action Plan in anticipation of
federal funding in FY 2004.
2003 Congressional action securing an increase of
$15 million in federal funding for CDOT to
implement Sediment Control Action Plan for
Black Gore Creek during FY `04.
2004 Begin construction of source control measures
outlined in CDOT action plan.
P 313
This brief was prepared by the Eagle River Watershed Council in collaboration with members of the Black Gore Creek Steering Committee
for the Eagle County Commissioners. Please call 970-827-5406 or email bradfordCa)vail.net for more information.