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HomeMy WebLinkAbout1989-12-05 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 5, 1989 2:00 p.m. AGENDA 1. Discussion of Parking Structure Addition and Renovation Issues 2. Interview Planning and Environmental Commission Applicants 3. Discussion of Vail Metropolitan Recreation District Tennis Court Ground Lease 4. Request to Proceed through the Planning Process in Order to Amend a Conditional Use Permit, a Parking Variance, and a Variance to the Requirement to Pave a Temporary Parking Lot at Sun Vail Condominiums for the Vail Valley Medical Center on Lots E and F, Vail Village 2nd Filing (Applicant: Vail Valley Medical Center) 5. Legal Orientation/Discussion regarding How Meetings Are Run 6. Design Review Board Report 7. Information Update 8. Other 9. Executive Session - Litigation Update - - VAIL- TOWN COUNCIL - WORK SESSION TUESDAY, DECEMBER 5, 1989 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of Parking Structure Addition and Renovation Michael Barber Issues Ron Phillips Stan Berryman Action Requested of Council: Discuss options for parking structure addition and renovation project as presented. Give guidance to staff and architect regarding the scope and financing of the Village parking structure project. Backqround Rationale: Staff and the architect met at length last Wednesday to discuss options for the scope of the project. The strengthening of the transit deck has a new solution proposed which would cut the cost by two-thirds of what we presented to you last Tuesday. We have developed a scenario which will allow most of the project to be included in the budget with a few items recommended as alternates if the bids are low enough. It looks better now than what we presented last Tuesday. 2:45 2. Interview Planning and Environmental Commission Applicants Peter Patten Action Requested of Council: Interview the applicants for the three openings on the PEC. Backqround Rationale: Pam Hopkins resigned from PEC in October 1989. Peggy Osterfoss was elected to Council. Advertising and publicizing for new Commissioners has occurred throughout the last 2 months. We have 3 applicants to date. Also, Sid Schultz has resigned effective January 1, 1990. Pam and Peggy's terms were to expire in February 1990. Sid's term continues until February 1991. 3:15 3. Discussion of VMRD Tennis Court Ground Lease Larry Eskwith Action Requested of Council: Discuss the lease agreement and ask questions as desired. Background Rationale: The VMRD wishes to build a tennis complex on TOV property. They wish to use a lease purchase agreement to finance the project. The lender (lessor) is requiring a ground lease from the Town as security in the event VMRD defaults on their lease payments. 3:30 4. Request to proceed through the planning process in order to Kristan Pritz amend a conditional use permit, a parking variance, and a variance to the requirement to pave a temporary parking lot at Sun Vail Condominiums for the Vail Valley Medical Center on Lots E and F, Vail Village 2nd Filing .(Applicant: Vail Valley Medical Center) Action Requested of Council: Decide whether or not the Medical Center may proceed through the planning. Backqround Rationale: The hospital is proposing to utilize the Lionshead parking structure in a parking variance proposal. When an applicant proposed to utilize Town of Vail property, the applicant must first appear before the Council to receive approval to proceed through the review process. It should be emphasized that Council permission to proceed through the process does not imply that the Council will approve the proposal. The Council will have the option to appeal any PEC actions on the proposal when the PEC report is presented to Council at Work Session. Staff Recommendation: Allow the proposal to go through the planning process. 3:50 5. Legal Orientation/Discussion regarding How Meetings Are Run Larry Eskwith Action Requested of Council: None. Informal orientation and question/answer session. Background Rationale: Give the Council the opportunity to inquire about some of the general legal issues which affect municipal government. 4:30 6. Design Review Board Report Kristan Pritz 4:40 7. Information Update Ron Phillips 4:50 8. Other 5:00 9. Executive Session - Litigation Update -2- M{C9AEI BARBER ARCHITECTURE 1 December 1989 Mr. Stan Berryman Town of Vail Department of Public Works/Transportation 75 South Frontage Road Vail, Colorado 81657 RE: Vail Transportation Center Expansion Project Number 22289 Dear Mr. Berryman: Attached is the summary sheet of the current cost estimating for the Vail Transporation Center expansion and renovation. We predict that by a combination of design refinements and competitive bidding that the bid price for the full scope of the project should be approximately 10% less than the estimates in the attached report. In the event that this anticipated reduction in cost is not realized at the time of bidding, then election of one or more deduct alternates will bring the project within the available project funds, The original budget carried a 59o contingency on construction and direct costs. We recommend that the project should proceed at the time of bidding with a 2-1/2% construction change order contingency. This reduction from 5% to 2- 1/2% is reflected in the final column at the right of the cost matrix. Sincerely, MICHAEL BARBER ARCHITECTURE Kathryn Harhai cc: MBA: File 22289 Vault 22289 M I C H A E L B A R B E R A R C H I T E C T U R E P R O F E S S I O N A L C O R P O R A T I ON 1290 BROADWAY SUITE 600 DENVER COLORADO 80203-5606 TELEPHONE 303 837 0555 FACSIMILE 303 937 0600 1F"l- -J -20: cc r:Il_rlriE~ SHRSE • 1-i ^:I-:H* P, wI VAIL TRANSPORTATION CENTER 01-Dec-89 MICHAEL BARBER ARCHITECTURE PROJECT COST SUMMARY BUDGET ESTIMATE I 9-5-89 11-29-89 BASIC SCOPE BASIC SCOPE BASIC SCOPE BASIC SCOPE FULL SC•OFE OF WORK OF WORK OF WORK OF WORK WITH DEDUCT ~ 1 4 WITH WITH ALTERNATES REVISIONS REVISIONS & REDUCED & COMM. IMPR CONTINGCENCY I (FULL SCOPE) (2-112",b) PROJECT COST f CONSTRUCTION COST BASE SCOPE OF WORK I Four level parking expansion $3,400,000 $3,755,538 $3,755,538 $3,755,538 $3,755,53 New service facility S780,000 $424,024 $424,024 $424,024 542.1,07. f Ramp connecting levels 2 and 3 ( ¢3'.5,000 $304,420 $304,420 $304,420 "31)14,421) Renovation of existing parking facility $1,500,000 S1,500,000 $1,500,000 $1,500,000 ^1,SOO,OJC, Renovation of existing transit facility l I f (10,000 st @ $30ist) $300,000 $300,000 $300,000 $300,000 (dcU4jriL ! Reconfiguration of tranist deck I $275,000 $23,000 $23,000 $23,000 423,000 f New visitor cantar (2,000st Cu, $100Jsf) I! $200,000 $200,000 $200,000 $200,000 $20`0,0^1 Level 4 pedestrian walkway & stair $58,000 $93,653 $93,653 $93,653 Widening Eas; Meado~rr Dr. for redestrian $100,000 I $156,506 $15"0,506 $156,506 ^s1Gc",,5'!3 1 I i Expansion of South Frontage Road $31,000 k $81,691 $81,891 $81,891 $3iXE l Subtolai of base scope e $6,959,000 ( 4•6,839;032 "6,839,032 $6,83:?,032 wra, 3^:0 REVISIONS I` Add roof @ level 2 to 3 radius ramp ! $0 $0 $41,507 $41,507 $41,E 7 Add level 5 overpass parking ( SO $0 $569,753 $569,753 (deduct) 1 Restructure transit deck for 280 psf $0 $0 $254,300 $254,300 5253,3G? Rebuild garden & garden stairs with 1I 4,000 sf core & shell space $0 $0 $400,000 $400,000 $400,OCO Add second elevator at tranist terminal SO $0 $25,000 $25,000 $25,000 ! Add ,oublic toilet rooms @ west end stair $0 $0 $68,400 $68,400 $63.-00 Add site furnishings $0 $0 $57,172 $57,172 $57,172 ! Delete resurfacing of levels 1, 2, 3 of existing garage $0 $0 ($172,597 ($172,597) ("',17 2, . „7'I Add new fire stair & relocate mechanical i supply si'aft at existing garage $0 $0 $300,000 $300,000 300,011'0 ! Delete 1,000 sf of program space l from visitor center $0 $0 ($100,000) (fi100,000) ;?1C,0-0"1 { Subtotal of revisions $0 $0 $1,443,535 $1,443,535 $873,782 ( f ~ i COIMUN)TY IMPROVEMENTS 1 Add two 3' bike lanes at Frontage Rd. $0 $0 $0. $21,725 $21;725 i Add S' detached sidewalk @ Frontage Rd., $0 $0 $0 $14,293 S14,293 Add 5' attached sidewalk @ o Blue Cow Chute $0 $0 s0 $5,7 t 7 $5,717 Add 2 brick paver crosswalks @ t3iue Cow Chute s0 $0 $0 $9,147 "9,1.47 i Increase 575,000 allowance to $125,000 i for signage & exterior graphics $0 $0 $0 330,000 `;50. r .`G Subtctai of community improvements so $0 $0 $100,882 5ICI0. B:= ' i Subtoiai o. construction cost $6,959,000 $6,839,032 $8,282,567 $8,383,4449 S7,513,6:36 Contingency on. construction cost $347,950 5341,952 $414,128 $419,172 $157,64': TOTAL CONSTRUCTION COST I $7,306,950 $7,180,984 38,696,695 $8,802:621 $7,70',:33 , i i 0-1 HER DIRECT COST i :Acquire Cc:rnice Site $350,000 (not acquired) (not acquired) (not acquired) (-tot acqulre(jn Soils and survey $10,000 $10,000 $10:000 510,000 310,c+'t Construction testing $35,000 $35,000 $35,000 535,000 533;,001-, ' j Architectural & engineering services $450,000 $572,929 $663,872 $670,228 560,2:.3 Re mI%-rsabie cost $25,000 1 $25,000 $25,000 $25,000 5, 01 Subtotal $870,000 $642,929 $733,872 $740,228 S 7,110, contingency en direct cast $43.500 $32,146 $36,694 537,011 i Oi TOTAL. J+REC;T COST $913,500 $675,075$770,566 $777,239 $i5 7 3=1 4 TOTAL PROJECT COST f $8,220,450 $7,856,059 $9,467,261 $9,579,861 $8,46U,272 PROJECT FU; IDS i Base amount approved 5 September 1989 $8,220,450 $8,220,450 $8,220,450 $8,220,450 58,210.'5"` Projected interest earnings s0 S300,000 $300,000 $300,000 e3~0,00. Community funds from other sources $0 $0 $0 $100,882 $100,8: ;TOTAL PROJECT FUNDS $8,220,450 $8,520,450 $8,520,450 $8,621,332 $8,621,3: 2 1PROJECT FUNDS IMINUS COST I $0 i $664,391 ($946,811) ($953,529) S131,OF'_ SKI CLUB P.O. Bozo 518 o Vail, Colorado 81658 ® 303/476-5119 November 17, 1989 Mr. Peter Patten Director Department of Commercial Development 75 South Frontage Road Vail, CO 81657 Dear Peter, I would like to take this opportunity to add my name to the list of candidates for the vacancies on the Town of Vail's Planning Commission. As a 25 plus year resident of our community, I feel I have a thorough historical perspective of where we started, where we've been and hopefully where we're going. As Director of Ski Club Vail, I am a career skier and constantly in touch with the skiing segment of our town. I also served as coach for the US Ski Team for 7.years and have worked in/visited ski areas all over the world and have a unique perspective on the variety of ski towns world- wide. Thank you for your consideration. Sinc rel , I Erik einberg Direct r Ski Club Vail VAIL BEAVERCREEK .w wpo,~.n:vc viiwnex~wiA connie knight 385 east gore creek drive o box 1307 o vail, colorado 81658 ® 303/476-3615 October 31, 1989 Mr. Peter Patton Director of Community Development Town of Vail Vail, Colorado 81657 Dear Peter: As a Vail property owner for the past 21 years and a full time resident since 1984, I have both a love and concern for our town. At this time in my life with my children grown and a freelance writing career where I can set my own hours, I would like to be- come more involved in community affairs by applying for the vacancy on the planning and environmental commission. I believe my background as a professional journalist since 1954 will enable me to look at issues with a broad perspective and without bias. I have no conflict of interest, nor do I represent any special interest group. If nominated, I will be a dedicated member of the commission, attending meetings and "doing my homework." I believe I have something to offer the Town of Vail a fresh viewpoint, intelligence and above all, honesty. Thank you for your consideration. Cordially, Connie Knight Jim Shearer 5109 Black Gore Drive Vail, CO 81657 October 31, 1989 Mr. Peter Patten 75 South Frontage Road West Vail, CO 81657 Dear Mr: Patten: Please accept this application for the Town of Vail Planning & Environmental Commission. I have owned businesses involved in development, construction and building design for over twenty-three years. My firm also restored and often managed historic homes and buildings. Therefore I have frequently presented to and worked with various planning boards and historic review boards. I know well the necessity of safety, law, function and esthetics and I list their importance in that order. My reasons for wanting this position are simple. I love and believe in Vail therefor, I am drawn into seeking a larger personal involvement in Vail's future. I also feel that my experience can be useful to this Board in that Vail is now experiencing a period of redevelopment. The Board's part in that redevelopment is crucial. I'm aware that the staff and planning commission have been and are currently involved in preparing a master plan for Vail Village. I feel that this is a very important guideline document for Vail's continued progress and planned growth. It is crucial to balance infill by producing a "whole" plan which enhances our need for and attention to visitors. At the same time, this plan should give and/or create, preserve and improve green space and facilities for the enjoyment of Vail for everyone. As watchdogs for design, safety & interpretation, we should consider rethinking the commission's responsibilities and directions for long and short term goals. This could mean amendment of existing codes and ordinances with regard to bulk and mass of structures so that the attempt to "stretch" definitions of these laws is less attractive. In other words, redefine the "letter-of-the-law" so that no one can define in their own terms, if contrary to the original intent. By its own nature, a move such as this will assist Page 2 of 2 in stopping the conflicts which arise from "legal" counter- interpretations. We therefore will do our part to change the temperature of the water encouraging fewer disputes and creating a better product. The Planning and Environmental Commission of Vail is to be congratulated for its fine work. Their responsibilities are great and very vital for continued progress. They truly lead in ma}King Vail a safe, beautiful and functioning place for our visitors and our residents. Respectfull --,submitted, J, ~earer JS jm s it. Now he was forced into it and metropolitan area. "The fact that condition of the family should im- found the money to pay for it. treatment begins immediately, close prove. The family should not need Jack like most of the others, spent to the date of the offense, is impor- to contact police or visit the emer- a good portion of the 26 weeks tant. It is much harderforthe defen- gency room as often. The problem denying that he had a problem. In dant to deny the action while it is may not/be totally solved, but the fact, it was 15 to 16 weeks before fresh in his mind. As a result, the costs4o the community will be de- he realized how much he was deny- likelihood of repeat violence is much creased. ? ing it. He has continued in counsel- less." ing on a voluntary basis and has From a social standpoint, the pro- now been in counseling for almost gram can be considered a success. a year. He feels he has learned to That success can be measure in control his anger, and he also is the lowering of society's involve- teaching his son to talk about his ment with these families. AsAheir feelings. condition improves, there will be, for example, less truancy and other He feels he has learned delinquency problems with the chil- dren of such families. The economic to control his anger, / and he also is teaching his son to talk about Auro/a Domestic Violence Program his feelings. / *Victim Follow-up Interview Preliminary Results Is it a total success? / In a word, no. The program is June 1988 successful with those, like Jack, Num~er of Respondents 40 who come to realize that they can ° change their behavior and control 1. elationship with batterer has improved 80% their anger and emotions. Other since court appearance batterers, however, have no fear of /2. Report feeling good or very good about 85 jail and would rather spend six °!0 months behind bars than enter a the police response six-month counseling program. Nearly 50 percent of the officers 3. Report that going to court had a very 90% surveyed believed that the sentences positive or somewhat positive effect imposed are not effective in deter- on the victim's family ring further violence. Ironically, o~ne- third of the judges, those who im- 4. Going to court had a very positive or 85% pose those sentences, shat d that somewhat positive effect on the victim same belief. (individually) There have been repeaters, in- cluding some who have co impleted 5. Report feeling good or very good about 88% the counseling. To assist in deter- their interaction with the court victim mining those who would benefit advocate at arraignment from probation and counseling and those who would not, a court eval- 6. Believe court-ordered counseling had 95% uator has been hired. Now, prior to helped the batterer sentencing, an assessment is con- ducted to weed out those for whom 7. Report physical abuse since last 1 % counseling is not the answer. incident According to/the evaluator, clinical psychologist Sidney McDaniel, per- 8. Report verbal abuse since last incident 60% haps 40 percent of the batterers will complete the program and not 9. Would be very likely to call the police 85% repeat their violent behavior. For in the future if batterer becomes violent the others, prompt punishment is the only answer. *Conducted by Gateway Criminal Justice ProjectStaff and Volunteers , McDaniel 6 months to one year after the victim's appearance in court for the Based on his experience believes that the Aurora program is defendant's arraignment. working better than any other in the Colorado Municipalities/November-December 1988 17 C Gerald E. Dahl CML General Counsel Legislature enacts . (Editor's note: This topic has been the subject of two prior articles in new rules on Colorado Municipalities. The first article appeared in the September/ October 1976 issue and was au- thored by Tad Foster, Assistant City conflicts of interest Attorney for Colorado Springs. The second article appeared in the March/ April 1986 issue and was authored by Susan Griffiths, former CML Gen- eral Counsel.) Assume that you are a member of the board of trustees in a small municipality. Your community is 30 miles from the nearest town and often isolated in winter by mountain passes. In February, a water main freezes and breaks. It needs to be dug up immediately and repaired, or the entire system will freeze, Council and board members need to costing the town thousands of dollars to repair, with no water in the mean- understand new voting rights and time. You own the only backhoe in procedures in situations where town. The town board asks you to do the excavation work and bill conflicts of interest exist. them. Can you do the job? A second example: You own the only gas station in town. Can you sell gasoline to the town, in order to save the expense of driving the police cars on a 60-mile round trip to fill up at the next community? Under the law as it existed in Colorado prior to the spring of this year the answer to both questions would be no. Both contracts would have been prohibited conflicts of interest. No written or oral disclo- Ed'itor's Note - - sures or abstentions from voting would have cured the problems. After this issue of Colorado Municipalities went to press, the Both would have violated a portion Colorado Revisor of Statutes issued 1988 Replacement Volume of section 31-4-404, C.R.S., which, 10A, in which the material enacted by HB 1209 appears. For until March 18, 1988, read in part modification purposes, the revisor renumbered the new article of as follows: Title 24 enacted by HB 1209. All references to acticle 17 in HB 1209 Nor shall any such member be inter- should be changed to article 18, as they appear in the codified ested, directly or indirectly, intheprofits statute books. (Example: 24-17-101 becomes 24-18-101). of any contractor job for work or services to be performed for the city or town. 18 Colorado Municipalities/November-December 1988 C _ 1 The above language was deleted interested in the discharge of his official r( by the Colorado General Assembly The ~~~~~al Assembly duties. On the record he did not serve during its 1988 legislative session. enacted two bills with an eye single to the public weal. In place of this blanket prohibition, Ihje took advantage of the favorable the General Assembly enacted two containing significant action of the board to work his own bills containing significant new rules new rules which allow enrichment and the county's undoing. which allow municipal officials to municipal officials to disclose such interests and to ab- stain from voting on them. This pro- disclose such interest rado on this subject is Berkley Met- cedure now allows the official to and to abstain from ropolitan District v. Poland,' a 1985 retain the interest in the contract. Colorado Court of Appeals case in } This article will describe the new voting on them. which a member of a water and rules for the identification and dis- sanitation district board also served closure of conflicts of interest, as public officers contracting with them- as a paid consultant to the board ` well as their legal implications from selves and for their own benefit"3 over a period of several years. After the perspective of the Colorado In the 1933 case of People v. some changes in its makeup the municipal official. Naturally, this arti- Brown,4 the Colorado Supreme board elected to abrogate the con- cle cannot serve as the substitute Court relied upon School District v. tract and brought suit to recover for legal advice from the municipal Pomponi for the proposition that a the compensation and expenses attorney. It is intended only to alert public official may not contractwith paid. The Court of Appeals applied Colorado municipal officials to sig- himself to his own profit. In that the common law rule that public nificant new limits of permitted ac- case, a county treasurer had specu- policy forbids public officers from tivity. You should consult your attor- lated in tax certificates belonging contracting with themselves for their ney for advice in specific cases. to the county. The Court held that own benefit, citing School District v. the actions of the treasurer "did not Pomponi and People v. Brown. Colorado Case Law effect any change as to the rights of The fact that the board member A quick review of the significant the county to the funds realized had excused himself from voting or cases decided by Colorado courts from the redemption 1,5 and stated deliberation on the contract each on public officials' conflicts of inter- the common law rule in these mem- time it was discussed by the board est maybe helpful before describing orable terms: was held to have no effect on its the recently enacted statutes. The invalidity. Neither was it significant general rule at common law (law Brown was a minister of the law, bound that the district had ratified the derived from decisions of the courts) by his oath and every canon to be dis- (continued on page 20) was that public officials were com- pletely prohibited from entering into any contract with the government ' ! I'Isi~' Ill they served. No amount of disclosure, ! abstention, stepping down, or other 1°~'I t~ 38 YEARS Y®UINGo I safeguards were felt to be adequate „ 11 r r d to protect the public from self-dealing by public officials. QQ The Colorado Courts adhered to this common law rule. In the 1926 T, = Concrete streets- case of School District #98 v. Porn- investment poni,' two members of a school a WISe district board were officers of a Seventeenth Street, Denver company with which the school dis- trict had contracted. The statute An example of a long lasting concrete street in Colorado. prohibited officers of school districts Concrete streets last longer, and require less maintenance. from making contracts in which they Specify concrete pavements-the best value over the long E had an interest. The Colorado Su- preme Court invalidated the con- tract as "against public policy and void or voidable irrespective of any For more information, contact: statute"2 The fact that the school district had benefited financiallyfrom the contract and had not in any CRNWA manner been cheated by the officials COLORADO READY MIXED CONCRETE ASSOC. ore, r-.r- Y 5. r 925 South Niagara Street, Suite 200 was immaterial in the face of "the Denver, Colorado80224 rule of public policy, which prohibits Phone: (303) 321-0785 Colorado Municipalities/November-December 1988 19 Conflicts of interesf ` payments to the board member as Municipal officials may now par they were made and had, in fact, Municipal officials may ticipate in contracts involving their received value for its money. The now participate in municipality if they make proper Court upheld the trial court's deci- disclosure of their interest and ab- sion that the agreement itself was contracts involving their stain from voting and from attempt- illegal and therefore void at the municipality if they ing to influence other members of outset. the governing body on the issue. This common law rule, in concert make proper disclosure This obviously includes refraining with the prohibition in (former) sec- and abstain from voting from participation in any delibera- tion 31-4-404, prior to its amend- tions, meetings, or conversations _ ment in 1988, has proved a source and from attempting to leading up to the actual vote on the of real hardship to Colorado munici- influence other members contract or other matter. Finally, pal officials. Many situations exist, new subsection 31-4-404(3) allows particularly in small communities, of the government body. the membertovote notwithstanding where the only provider of a vital his conflict if participation is "nec- municipal need (construction equip essary to obtain a quorum or other- ment, gasoline, mechanical repairs, Bled on the provision of the Colorado wise enable the body to act," but office supplies) has been a business Constitution applicable . members only if the member complies with owned or operated by a member of of the General Assembly. the voluntary disclosure provisions the board of trustees orcitycouncil. The League drafted the measure of section 24-17-110. This latter Local businessmen in Colorado's and actively supported its passage. section was enacted as a part of HB communities have a long and proud 4- amended, new subsections 31 1209 during the 1988 legislative tradition of public service. It is not 4-404(2) and (3), C.R.S. now read: session. surprising that conflicts of interest (2) Any member of the governing body under the prior statute and case of anycity ortown who hasa personal or HB 1209 (July 1, 1988) law have been a problem. private interest in any matter proposed or pending before the governing body Structure of the Act HB 1057 (March 18, 1988) shall disclose such interest to the gov- The 1988 session of the General The General Assembly changed erning body and shall not vote thereon, Assembly also saw the enactment the statutory rules applicable to and shall refrain from attempting to in- of a significant and somewhat com- conflicts of interest of Colorado fluence the decisions of the other mem- plex statute setting forth standards municipal officials with the passage bers of the governing body in voting on of conduct for public officials and of HB 1057, signed into law on the matter. employees at all levels of govern- March 18,1988, by Gov. Romer. HB (3) A member of the governing body of ment in Colorado, both state and s local. HB 1209, sponsored by Rep. 1057, sponsored by Rep. Sam Wil- ing any subse ubsec dtio on n (22) of of this n section n if if his ct liams of Breckenridge and Sen. Sally participation is necessary to obtain quo- Chris Paulsen of Englewood and Hopper of Golden, eliminated the rum or otherwise enable the body to act Sen. Jeff Wells of Colorado Springs, absolute prohibition of the former if he complies with the voluntary disclo- specifically applies to officers and law, replacing it with a rule of dis- sure provisions of section 24-17-110, employees of local governments, closure and abstention, closely mod- C.R.S. which are defined to include the government of a county, city and county, city, town, special district, or school district. HB 1209 can be broken down into four groups of new standards R`3al PL applicable to government officials: • . • ~JC I -We 1. Absolute rules of conduct, suiteU~ 2. nonbinding ethical principles, • " 3. written disclosure rules, and 4. new rules relating to interests • ,Aug by public officials in government contracts. • - . The General Assembly's effort to P . o - • • • • • • distinguish between binding rules of conduct and nonbinding ethical s • • • - A principles" is generally described • • in the legislative declaration, which provides in part: 20 Colorado Municipalities/November-December 1988 The general assembly hereby declares tion acquired in the course of official that the prescription of some standards duties when used to "further sub- Section 24-17-104 of conduct common to those citizens stantiate personal financial inter- involved with government is beneficial est."" This section also prohibits ~~®111~9ttS the disclosure to all residents of the state. The provi- accepting a gift of substantial value of confidential information sions of this part 1 recognize that some or of substantial economic benefit actions are conflicts per se between if it would "improperly influence" a acquired in the course public duty and private interest while other actions may or may not pose such reasonable person or if a reasonable of official duties when conflicts depending upon the surround- person should know it is primarily a used to "further ing circumstances? reward for official action.12 This pro- hibition has a parallel in the Colo- Substantiate personal While it is helpful that the ethical rado criminal code at section 18-8- financial interest." principles are described as nonbind- 302, concerning bribery. Section ing, including both binding and non- 24-17-104 goes on to prohibit a binding rules for conflicts of interest public official or employee from ac- Subsection (3) of section 24-17- may lead to some difficulty in inter- cepting economic benefits, includ- 109 duplicates the changes made preting and applying the act. Be- ing loans issued at lower than the to section 31-4-404 by HB 1057. cause of its complexity and poten- commercial rate and compensation That is, a member of the governing tial interrelationship with other pro- for services rendered which exceed body of a local government who visions of law (including section 31- the fair market value of those serv- has a personal or private interest in 4-404, applicable only to municipal ices.13 any matter proposed or pending officials, and the criminal code sec- Happily, section 104 lists a num- before the governing body must tions dealing with bribery and cor- ber of "safe harbors" items not con- disclose the interest to the body, rupt influences), the municipal of- sidered gifts of substantial value or not vote thereon, and refrain from i ficial is cautioned to seek the advice gifts of substantial economic bene- attempting to influence the other of the municipal attorney in comply- fit. These include campaign contri- members of the body.17 Also, and in ing with H B 1209. butions, occasional insignificant gifts, parallel to section 31-4-404(3), it is nonpecuniary awards for public serv- permissible to vote despite the con- (Mandatory) Rules of Conduct ice, actual and necessary travel, flict if the official's participation is Two separate portions of the act and subsistence expenditures for necessary to obtain a quorum or establish mandatory rules of con- public duties, perishable or non- otherwise enable the body to act, duct. Section 24-17-104 establishes permanent items (including tickets but only if written disclosure is made rules of conduct for all public officers, to sporting, recreational, education, to the Colorado Secretary of State members of the General Assembly, or cultural events), honoraria, and under the written disclosure provi- and local government officials and payment of salary from other gov- sions enacted by section 24-17- employees, while section 24-17- ernment employment.14 11018 109 establishes additional rules only Section 24-17-109 also contains for local government officials and some"safe harbors." It is permissible employees. Section 24-17-104 pri- Section 24-17-109 is entitled to use local government facilities or marily concerns prohibited conduct "Rules of Conduct for Local Govern- equipment to communicate or cor- in connection with a "personal fi- ment Officials and Employees." It respond with constituents, family nancial interest," which in turn is should be carefully reviewed by members, or business associates, defined as including: municipal officials and municipal and to accept or receive a benefit employees. Prohibited conduct _asan"indirect consequence of trans- 1. An ownership interest in a busi- under this section includes: acting local government business.i19 ness; Both sections 24-17-104 and 109 2. a creditor interest in an insol- 1. Engaging in a substantial fi- employ the standard of proof "be- vent business; nancial transaction for private busi- yond a reasonable doubt. X20 This is 3. an employment or prospective ness purposes with a person whom a relatively high standard of proof. employment for which negotiations the local government official or em- In trial practice this standard would have begun; ployee inspects or supervises in favor the government official. It is 4. an ownership interest in real or the course of official duties,75 or more than a mere "preponderence" personal property; 2. performing an official act directly of proof and requires that the over- 5. a loan or other debtor interest; and substantially affecting to its whelming majority of the evidence or economic benefit a business or other point toward a violation before it 6. a directorship or officership in undertaking in which the local gov- will be considered proven. a business.10 ernment official or employee has i either a substantial financial inter- Ethical principles Section 24-17-104 prohibits the est or is engaged as counsel, con- Section 24-17-105 of HB 1209 is disclosure of confidential informa- sultant, representative, or agent.16 (continued on page 22) Colorado Municipalities/November-December 1988 21 Conflicts of interest entitled "ethical principles for public in the private sector after leaving officers, local government officials government service (only where such and employees." By the terms of employment would be specially ad- Section 24-17-110 the section, these principles are vantaged by the official's having requires the written guidelines to conduct and do not served in government)24 disclosure to the necessarily constitute violations if they are not followed?' Naturally, Written disclosure: Secretary of State be the municipal official would be wise Section 24-17-110 to observe these guides to avoid This section is referenced by sec- made "prior to acting in any appearance of impropriety. Sec- tion 31-4-404(3), which in turn al- a manner which may tion 105 sets forth three such guides: lows municipal officials to vote on a impinge on his fiduciary matter in which they have an inter- 1.The official should not acquire est, if their participation is necessary and the public trust.' or hold an interest in a business or to obtain a quorum or otherwise undertaking which he orshe believes enable the body to act. The permis- may be "directly and substantially sibility of such a vote is specifically If the official chooses to perform affected to its economic benefit" by conditioned bythe termsof sections the official act he orshe must"state official action by an agency over 31-4-404(3) and 24-17-109(3)(b) forthe record the fact and summary which the official has substantial upon making the written disclosure nature of the interest disclosed at authority22 to the Secretary of State under the time of performing the act."25 2.The official should not perform section 24-10-117. This written dis- Section 24-17-110 requires the an official act directly and substan- closure must include the following: written disclosure to the Secretary tially affecting a business or other of State be made "priorto [emphasis undertaking to its economic detri- 1.The amount of the interest, added] acting in a manner which ment when the official has a sub- 2.the purposes and duration of may impinge on his fiduciary duty stantial financial interest in a com- services rendered, and the public trust." Significantly, peting firm or undertaking 2s 3.the compensation received, and if this written disclosure is made, it 3.The section recommends a six 4.such other information as nec- constitutes an affirmative defense month moratorium on employment essary to describe the interest. to any civil or criminal action or any other sanction26 Prohibited acts relating to contracts and claims H B 1209 enacted a series of new sections, at section 24-17-201, et COLORADO CORRECTIONAL INDUSTRIES seq., entitled" Prohibited Acts Relat- ing to Contracts and Claims." This section generally prohibits mem- bers of the General Assembly, public MARKETING OFFICE -100 E. 66th Ave. officers, and local government of- ficials or employees from being in- Denver, CO 80221 (303) 428-5297 terested in a contract made by them • CHEMICAL PRODUCTS General, Automotive, Bathroom, Disinfectants in their official capacity or by an agency or board of which they are • CUSTOM METAL Beds, Footlockers, Park Benches, Sign Posts members or employees 27 • FLAGS Americap Flags, Colorado Flags, Customized Banners Obviously, if this rule were absolute • FURNITURE SYSTEMS Modular Systems, Computer & Office Furniture and without exception, it would • GENERAL SERVICES Building Remodeling, Concrete Work, Painting completely set aside the ability to disclose a conflict and abstain from • MATTRESSES PYRO-TEC, IS 200 Neoprene and nreseal Mattresses voting, as discussed above. How- • PRINTING Forms, Brochures, Newsletters, Stationary, Envelopes ever, sections 24-1 7-201 et seq. *SIGNS Outdoor and Wooden Signs, Office Signs, Name Tags specifically incorporate the disclo- • SURPLUS PROPERTY Colorado State Surplus Property is a newly acquired sure and abstention rules. VISIT us at our program transferred from the Department of Adminis- Local government officials and employees are permitted to have New Denver Address [ration to Correctional Industries. Items include: Furm- lIX) E. 66th Ave. Cure, Office Equipment, Hospital Items, Woodworking an interest in the following contracts: Phone 428-5297 Equipment, Machine Tools, Heavy Equipment... and more. 1. A minority interest in a corpora- tion, 2. contracts awarded to the lowest 22 Colorado Municipalities/November-December 1988 i _ responsible bidder based on com- Generally the mere ponsible to action read the the phrase i mattern It is petitive bidding, possible 3. merchandise sold to the highest fact that an interested section (1) "to which he is about to bidder at public auctions, member has voted will act in his official capacity," to limit ~investments or deposits in fi- the required disclosure only to those nancial . investments 4 institutions which are in the render the ordinance circumstances in which the action business of loaning or receiving void, even though it is (the vote or other positive action) is money, taken. The more conservative, and, beneficial to the eity• in this author's opinion, better-rea- 5. a contract with an interested party if, because of geographic re- sonedviewisthatthewrittendisclo- strictions, it would cost greater than Statutes, or the standards of conduct sure to the Secretary of State should 10 percent to contract with a non- for persons involved in government be made in either case: whether or interested party (if the contract is established by HB 1209, in title 24 not the official chooses to disclose forservicesthat must be performed of the Colorado Revised Statutes, his interest and abstain. This course within a limited time period and no may not constitute compliance with of action has the additional benefit other contractor can provide those the requirements of the criminal of avoiding any potential violation {1 services within that time period), code in title 18. of subsection (3), which makes fail- and Under the "bribery and corrupt ing to disclose such a conflict of 6. a contract with respect to which influences" article, 18-8-301 et seq., interest a class 2 misdemeanor. the local government official or em- "pecuniary benefit" is more broadly ployee has disclosed a personal defined than in other statutes and Void or voidable? interest and not voted thereon, or includes anything the primary sig- What happens to a contract which voted thereon but made written nificanceofwhichiseconomic gain."' is entered into by an official who disclosure under 31-4-404(3), 24- The criminal code's approach to has a conflict of interest and either 17-109(3)(b), and 24-17-110. required disclosure of a conflict of does not disclose that conflict or, interest is somewhat different than after disclosing, votes on the matter? t Finally, section 24-17-202 pro- that set forth in either HB 1057 or The common law, while divided, clear- hibits local government off icialsfrom 1209. Section 18-8-308 governs ly leans towards a majority rule that r being purchasers at any sale or the disclosure of conflicts of inter- the contract is void. The Colorado Il vendors at any purchase made by est of public officials in the following Supreme Court has so held in School them in their official capacity. manner: District v. Pomponi and People v. The important point to be made Brown. The Colorado Court of Ap- concerning sections 24-17-201 18-8-308. Failing to disclose a conflict peals as late as 1985 has so held in through 24-17-204 is that they spe- of interest. (1) A public servant commits Berkley Metropolitian District v. Po- ' cifically include the ability of a local failing to disclose a conflict of interest if land. Other states have come to he exercises any substantial discretion official to disclose an interest and similar conclusions so ary function in connection with a govern not vote on the matter. ment contract, purchase, payment, or An issue that is often raised in other pecuniary transaction without this context is whether the govern- ; Criminal code requirements having given seventy-two hours' actual ment actually obtained a benefit Several sections of the Colorado advance written notice to the secretary from the contract. Even so, the courts criminal code also affect the obliga- of state and to the governing bodyof the and commentators tend toward the tions of elected and appointed mu- government which employs the public view that this does not affect the nicipal officials. These sections are servant of the existence of a known determination and that the contract generally found at section 18-8- potential conflicting interest of the public is still void. In some cases, this will 301, et seq. entitled "Bribery and servant in the transaction with reference mean that the public entity will gain Corrupt Influences," and section to which he is about to act in his official capacity. an unjustified benefit. Such was ' certainly true in the Berkley case =r 18-8-401 et seq. entitled "Abuse of (2)A"potential conflicting interest" exists Public Office." when the public servant is a director, described above. One commentator A detailed discussion of these president, general manager, or similar has expressed the rule in this way: sections is beyond the scope of this executive officer or owns or controls 4 article. Municipal officials should directly or indirectly a substantial inter- Where the ordinance was passed only r carefully review these sections in est in any nongovernment entity partici- because of the vote of the interested consultation with a municipal attor- pating in the transaction. member, it is everywhere void. Generally t ney to ensure compliance with all (3) Failing to disclose a conflict of inter- too, the mere fact that an interested applicable Statutes. est is a class 2 misdemeanor. member has voted will render the ordi- nance void, even though it is beneficial HB 1057 and 1209 do not make Is the local official excused from to the city By the majority view, the any internal cross-references to the making the written disclosure to resolution or ordinance is void even criminal code. Compliance with pro- the Secretary of State under section though the vote of the interested official 1 visions of the municipal statutes in 18-8-308(1) if the official abstains was not necessary to passage31 title 31 of the Colorado Revised from voting or taking any other of- (continued on page 24) a Colorado Municipalities/November-December 1988 23 Conflicts of interest Interestingly, HB 1209 appears pointed officers and employees in to take the minority view, that the Some home rule munici- Colorado's municipalities can be contract is voidable rather than void. palities in Colorado justifiably proud of this fact. At section 24-17-203 HB 1209 pro- have enacted codes of In the final analysis, the amount vides: of time, attention, and energy spent ethics which in some evaluating the potential for a con- Voidable contracts. Every contract made flict and attempting to deal with it in violation of any of the provisions of cases are more stringent properly under the law before the section 24-17-201 or 24-17-202 shall that requirements set issue is discussed or voted upon be voidable at the instance of any party will always be substantially less tothe contract except the off icer interest- forth in HB 1209. than that required to attempt to ed therein. comply with the law after the discus- ethics which in some cases are sion has been held or the vote Home rule municipalities more stringent than requirements taken. ? HB 1057 and HB 1209 apply, by set forth in HB 1209. Municipal their terms, to all municipalities in officials in home rule municipalities Footnotes the state of Colorado. However, a are advised to consult with their well-established rule of law is that municipal attorney to determine statutory enactments by the Colo- whethera local charter or ordinance 179 Colo. 658, 247 P. 1056(1926) rado General Assembly, while ap- provision establishes standards in 21d., 247 P. at 1057 plying absolutely to all statutory addition to, different from, or more 31d., 247 P. at 1058 cities and towns, apply to home rule stringent than those discussed in 593 Colo. 182, 24 P.2d 759 (1933) municipalities only until those mu- this article. 61dd;, 24 P.2d at 760 nicipalities enact charter or ordi- 7705 P.2d 1004 (Colo. App. 1985); cert nance provisions on the same sub- None of the reported appellate denied, 1985 ject. decisions in Colorado concerning 924-17-10 Some home rule municipalities in conflicts of interest have involved to4-17-101, C.R.S. 24-17-102(4), C.R.S. Colorado have enacted codes of municipal officials. Elected and ap- 11.24-17-104(1)(a), C.R.S. 1224-17-104(1)(b), C.R.S. 1324-17-104(2), C.R.S. 1424-17-104(3), C.R.S. Checklist for ethical behavior 1524-17-109(2)(a), C.R.S. 1624-17-109(2)(b), G.R.S. 1724-17-109(3)(a), C.R.S. 18, The law of conflicts for municipal officials in Colorado, never 1924-17-109(3) C.R.S. 24-17-109(4), ,C. R.S. crystal clear, has been both improved and complicated by the 2024-17-104(1) and 24-17-109(1), C.R.S. General Assembly's adoption of HB 1057 and 1209. While not by 2124-17-105(1), C.R.S. any means an exhaustive list, the following checklist is at least a 2324-17-105(2), C.R.S. starting point for ensuring compliance with these two important new 2424-17-105(4), C.R.S. 24-17-105(3), C.R.S. laws: 2524-17-110, C.R.S. 261d. A. Always disclose your interest at the earliest stage. 2724-17-201(1), C.R.S. 1. Make oral disclosure tothe governing body under 31-4-404(2). 2824-17-201(1)(b), C.R.S. 2918-8- 2. Safer: Make written disclosure under 18-8-308 as well. 30Delta 01(3), C.R.S. Delta Electric Const. Co., v. City of San Antonio, 437 S.W. 2 d 602 (Tex. Civ.App.1969); B. Don't vote (or take any other action). Millbrae Assn. for Residential Survival v. City of Millbrae, 69 Cal. Rptr. 251 (Cal. App. 1968); C. Don't influence others. Newton v. Demas, 107 N.J. Super. 346, 258 aid 376 (1 1. Make sure disclosure precedes discussion on the matter. of Education, 969); Suttford Realty Corp v. Board 55 A.D. 2d 652, 390 N.Y.S. 2d 2. Leave the room. 155 (1976). 3. Don't participate in discussion (at the time of the vote or earlier). 31 Antleau, Municipal Corporation Law, Sec. 4.04. D. If you vote, do so only if: 1. Participation is necessary to achieve a quorum or otherwise enable the body to act (31-4-404(2) and 24-17-109(3)(b)). 2. Written disclosure is made prior to, not after, taking action: a To the governing body under section 31-4-404(3) and 24-17- 201(1)(a)(V), with the information as described at 24-17-110. b. To the Secretary of State under section 18-8-308(1) (72 hours before action) and 24-17-110. 24 Colorado MunicipalitieslNovember-December 1988 MEMORANDUM. TO: Town Council FROM: Larry Eskwith DATE: November 29, 1989 SUBJECT: Delegation of Powers A legislative body like the Town Council cannot delegate the power to make a law, which necessarily involves the discretion as to what the law shall be, but it can confer upon others the power to execute the law or to determine some fact or state of things to effectuate the purpose of the law. The Town of Vail, like most municipalities, has delegated certain powers to certain commissions and boards. Most of the commissions established by the Town Council are strictly advisory, however, there are two permanent agencies - the Planning and Environmental Commission and the Design Review Board - which have been given somewhat more than an advisory role by the Town Council. The major delegated duties of the Planning Commission are: approval or denial of major or minor subdivisions in accordance with Title 17 of the Code, granting or denying variances in accordance with Chapter 18.62 of the Code, and granting or denying conditional use permits in accordance with Chapter 18.60 of the Code. The decision of the Planning and Environmental Commission is final in regard to these matters unless an item is appealed to the Town Council or called up by the Town Council itself. The Planning and Environmental Commission also is delegated two important advisory roles by the Municipal Code. It makes recommendations to the Town Council on all applications for amendments to the Town zoning ordinances, and it adopts master plans and amendments thereto for approval by the Town Council. Upon receiving recommendations from the Planning and Environmental Commission in these areas, the Town Council should of course carefully review and consider the Planning Commission's recommendations, but the Town Council is in no way bound by them. The Design Review Board is given the power, by Chapter 18.54, to approve or deny the design of structures to be built within the Town and, by Chapter 16, to approve or deny the design of signs to be placed within the Town. The decisions of the Design Review Board in these two areas is final unless the matter is appealed or called up by the Town Council. The Design Review Board also recommends to the Town Council whether or not to approve sign code variances. (I know this is confusing because variances granted by the Planning Commission relating to zoning matters are not advisory while variances to the sign code acted upon by the Design Review Board are.) Again, as is the case with matters which the Planning Commission acts in an advisory capacity recommendations of the Design Review Board in the area of sign code variances should be carefully considered, but they are not binding on Town Council action. LAE/bsc MEMORANDUM TO: Town Council FROM: Larry Eskwith DATE: November 29, 1989 SUBJECT: Relationship between the Town Council and the Town Manager Section 1.4 of the Town Charter provides that the municipal government of the Town of Vail shall be known as "Council-Manager government." This section of the Charter gives all powers to enact local legislation, adopt budgets, determine policies, and appoint the Town Manager, to the Town Council. It gives the power to execute the laws and administer the Town government to the Town Manager. Section 6.3 of the Town Charter sets forth more specifically the powers and duties of the Town Manager as follows: "(a) Be responsible for the enforcement of the laws and ordinances of the Town; (b) Hire, suspend, transfer, and remove Town employees; (c) Make appointments on the basis of executive and administrative ability and of the training and experience of such appointees in the work which they are to perform; (d) Cause a budget to be prepared annually and submit to the Council and be responsible for the administration of the budget after its adoption; (e) Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the Town for the preceding year, and upon request of the Council, make written or verbal reports at any time concerning the affairs of the Town under his supervision; (f) Keep the Council advised of the financial condition and future needs of the Town and make such recommendations to the Council for adoption as he may deem necessary or expedient; (g) Exercise supervision and control over all executive and administrative departments, and recommend to the Council any proposal he thinks advisable to establish, consolidate, or abolish administrative departments; (h) Be responsible for the enforcement of all terms and conditions imposed in favor of the Town and any contractor public utility franchise and upon knowledge of any violation thereof, report the same to the Council for such action and proceedings as may be necessary to enforce the same; (i) Attend Council meetings and participate in discussions with the Council in an advisory capacity; Memorandum - Town Council: Relationship between the Town Council and the Town Manager November 29, 1989 Page 2 (j) Establish a system of accounting and auditing for the Town which shall reflect, in accordance with generally accepted accounting principles, the financial condition and financial operation of the Town; (k) Provide for engineering, architectural, maintenance, and construction services required by the Town; (1) Serve in ex officio capacity on all present and future boards, committees, and commissions of the Town; (m) Perform other such duties as may be prescribed by this Charter, or by ordinance, or by other applicable law or required of him by Council, which are not inconsistent with this Charter." The Charter further clarifies the relationship between the Town Council and the Town Manager, and the administrative staff in Section 6.4 which specifies: "Neither the Council, its members, the Mayor, nor any Council committee, shall dictate the appointment of any person to office by the Town Manager, except as otherwise provided in this Charter, or in any way interfere with the Town Manager or other Town officer to prevent him from exercising his judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council and its members, the Mayor, and any Council committee shall deal with the administrative service solely through the Town Manager, and neither the Council, its members, the Mayor, nor any Council committee thereof, shall give orders to any of the subordinates of the Town Manager. LAE/bsc REVISED 11/27/89 DESIGN REVIEW BOARD AGENDA NOVEMBER 29, 1989 3:00 P.M. SITE VISITS 1:45 P.M. 1. Finishing Touch - Sign Variance MM West Vail MOTION: McCluskie SECOND:Herrington VOTE:4-0 Motion: Deny the design of the awning and the sign. 7 2. Slifer Building - Exterior alteration & addition. (93 Square Feet) MM Lot B, Block 5, Vail Village 1st Filing. MOTION:Herrington SECOND: Schultz VOTE:3-0-1 Consent Approval Gwathmey abstained 9 3. Golfcourse Ice Arena MM Vail Golfcourse Clubhouse MOTION: Herrington SECOND: Schultz VOTE: 4-0 Consent Approval 3 4. Jackalope - Temporary Sign KP West Vail Mall MOTION: McCluskie SECOND: Herrington VOTE: 4-0 Approved for 1 week to 12/6. "Menu" Sign must be down by 12/6 8 5. Gasthof Gramshammer - Satellite Dish BR 231 East Gore Creek Dr. MOTION: Herrington SECOND: Schultz VOTE: 4-0 Consent Approval 5 6. Vail Fine Arts Sign BR Crossroads MOTION: Herrington SECOND: McCluskie VOTE: 4-0 17" X 84" as presented 6 7. Village Center Awning BR MOTION: SECOND: VOTE: STAFF APPROVAL 1 8. Snow Fox #102 - Deck Enclosure BR MOTION: Herrington SECOND: Schultz VOTE: 4-0 Sash must match existing clad sash. 10 9. Choppen Addition BR Lot 2, Block 7, Bighorn 5th Addition MOTION: SECOND: VOTE: TABLED 2 10. Soap's Up (Laundromat) - Sign BR Vail das Schone MOTION: Herrinton SECOND: Schultz VOTE:4-0 4 11. Vail/Beaver Creek Brokers - Sign BR Crossroads MOTION: SECOND: VOTE: TABLED TO 12/6 r o MEMBERS PRESENT: MEMBERS ABSENT: Herrington Sante Gwathmey Schultz McCluskie STAFF APPROVALS: Vail National Bank, change east elevation windows. Schmidt Residence, minor changes to retaining walls, deck and windows. Lot G-1, Lionsridge Filing 1