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1992-08-11 Support Documentation Town Council Work Session
i'~ ~ VAIL TOWN COUNCIL - - K WORK SESSION TUESDAY, AUGUST 11,1992 2:00 P.M. IN COUNCIL CHAMBERS i~1~1FlSEQ AGENDA 1: PEC Report. 2. DRB Report. . 3. Presentation of Towrf of Vail Employee Opinion Survey Results. 4. Discussion Re: Tentative Agreement with PCL on Outstanding Issues Concerning the Vail Transportation Center Construction Project. 5. Information Update. 6. Council Reports. 7. Other. 8. Adjournment. ~O4OO44aOOa4PO44O44O4O AN EXECUTIVE SESSION OF THE VAIL TOWN COUNCIL REGARDING THE GHI BANKRUPTCY STATUS WILL BE HELD AT 5:00 P,M. ON WEDNESDAY, AUGUST 12, 1992, AT THE OFFICES OF KUTAK ROCK, 2400 ARCO TOWER, 707 17th STREET, DENVER, COLORADO. 44~POaO44O4~OOO4OOa44PO THE NEXT REGULAR VAIL TOWN COUNCIL OVERVIEW WORK SESSION AND EVENING MEETING WILL BE ON TUESDAY, 8/18!92, BEGINNING AT 6:30 P.M. IN VAlL COUNCIL CHAMBERS. C:UIGENDA.IMS VAIL TOWN COUNCIL w WORK SESSION TUESDAY, AUGUST 11, 1992 2:00 P.M. IN COUNCIL CHAMBERS , ~,~~XPANDFD AGENDA 2:00 P.M. 1. PEC Report. 2:10 P.M. 2. DRB Report. 2:15 P.M. 3. Presentation of Town of Vail Employee Opinion Survey Results by Sharon Mortimer Sharon Mortimer, Mountain States Employers Council (MSEC). Bob Mach Action Requested of Council: Listen to presentation. Backaround Rationale: This is the first presentation of the results/findings of the TOV Employee Opinion Survey administered by MSEC in June, 1992. 3:00 P.M. 4. Discussion re: Tentative agreement with PCL on outstanding issues Mike Rose conceming the Vail Transportation Center construction project. Larry Eskwith Dave Wells Action Requested of Council: Discuss proposed settlement. Backaround Rationale: Attorney Dave Wells, representing TOV, has reached tentative agreement with PCL regarding outstanding issues conceming the Vail Transportation Center construction project. Staff Recommendation: Authorize attorney to proceed with settlement. 3:15 P.M. 5. Information Update. 6. Council Reports. 7. Other. 8. Adjournment. 4444444444444444444444 AN EXECUTIVE SESSION OF THE VAIL TOWN COUNCIL REGARDING THE GHI BANKRUPTCY STATUS WILL BE HELD AT 5:00 P.M. ON WEDNESDAY, AUGUST 12, 1992, AT THE OFFICES OF KUTAK ROCK, 2400 ARCO TOWER, 70717th STREET, DENVER, COLORADO. 4444444444444444444440 THE NEXT REGULAR VAIL TOWN COUNCIL OVERVIEW WORK SESSION AND EVENING MEETING WILL BE ON TUESDAY, 8/18/92, BEGINNING AT 6:30 P.M. IN VAIL COUNCIL CHAMBERS. C:WGENDA.WSE VAIL TOWN COUNCIL WORK SESSION TUESDAY, AUGUST 11, 1992 2:00 P.M. IN COUNCIL CHAMBERS AGENDA 1. DRB Report. 2. Presentation of Town of Vail Employee Opinion Survey Results. 3. Discussion Re: Tentative Agreement with PCL on Outstanding Issues Concerning the Vail Transportation Center Construction Project. 4. Information Update. 5. Council Reports. 6. Other. 7. Adjournment. 4444444404444444444444 AN EXECUTIVE SESSION OF THE VAIL TOWN COUNCIL REGARDING THE GHI BANKRUPTCY STATUS WILL BE HELD AT 5:00 P.M. ON WEDNESDAY, AUGUST 12, 1992, AT THE OFFICES OF KUTAK ROCK, 2400 ARCO TOWER, 707 17th STREET, DENVER, COLORADO. 4444444444444044444440 THE NEXT REGULAR VAIL TOWN COUNCIL OVERVIEW WORK SESSION AND EVENING MEETING WILL BE ON TUESDAY, 8/18/92, BEGINNING AT 6:30 P.M. IN VAIL COUNCIL CHAMBERS. C:VIGENDA.WS VAIL TOWN COUNCIL WORK SESSION TUESDAY, AUGUST 11, 1992 2:00 P.M. IN COUNCIL CHAMBERS EXPANDED AGENDA 2:00 P.M. 1. DRB Report. 2:05 P.M. 2. Presentation of Town of Vail Employee Opinion Survey Results by Sharon Mortimer Sharon Mortimer, Mountain States Employers Council (MSEC). Bob Mach Action Reauested of Council: Listen to presentation. Backaround Rationale: This is the first presentation of the results/findings of the TOV Employee Opinion Survey administered by MSEC in June, 1992. 2:50 P.M. 3. Discussion re: Tentative agreement with PCL on outstanding issues Mike Rose conceming the Vail Transportation Center construction project. Larry Eskwith Dave Wells Action Reauested of Council: Discuss proposed settlement. Backaround Rationale: Attorney Dave Wells, representing TOV, has reached tentative agreementwith PCL regarding outstanding issues conceming the Vail Transportation Center construction project. Staff Recommendation: Authorize attorney to proceed with settlement. 3:05 P.M. 4. Information Update. 5. Council Reports. 6. Other. 7. Adjournment. 4444444444444444444444 AN EXECUTIVE SESSION OF THE VAIL TOWN COUNCIL REGARDING THE GHI BANKRUPTCY STATUS WILL BE HELD AT 5:00 P.M. ON WEDNESDAY, AUGUST 12, 1992, AT THE OFFICES OF KUTAK ROCK, 2400 ARCO TOWER, 707 17th STREET, DENVER, COLORADO. 4444444444444444444444 THE NEXT REGULAR VAIL TOWN COUNCIL OVERVIEW WORK SESSION AND EVENING MEETING WILL BE ON TUESDAY, 8/18/92, BEGINNING AT 6:30 P.M. IN VAIL COUNCIL CHAMBERS. C:IAGENDA.WSE i PLANNING AND ENVIRONMENTAL COMMISSION AUGUST 10, 1992 AGENDA 11:00 AM Site Visits 1:00 PM Work Session 2:00 PM Public Hearing Site Visits: Testwuide The Valley2neimer Vail Valley Medical Center Par 3 Golf CourseNRD Muniapal Building Worksession: 1:00 P.M. 1. A request for a work session for a conditional use permit for an addition to the Muniapal Building to house the Vail Police Department, located at 75 South Frontage Road West (at the east end of the existing Municipal Building), and as legally described below: A part of the Southeast 1/4 of Section 6, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast comer of said Section 6, thence North 00 degrees 28 minutes 16 seconds West and along the East line of said Southeast 1/4 of said Section 6 72.75 the East line of said Southeast 1/4 of said Section 6 72.75 feet to a point, said point being 110.00 feet northeasterly from the southerly right-of-way line of U.S. Highway No. 6 as measured at right angles thereto; thence North 79 degrees 46 minutes 11 seconds West and along a line parallel to said southerly right-of-way line 145.50 feet to The True Point of Beginning; thence North 16 degrees 08 minutes 47 seconds East 78.00 feet; thence North 68 degrees 08 minutes 35 seconds West 428.70 feet; thence North 66 degrees 01 minutes 29 seconds West 152.57 feet; thence South 27 degrees 42 minutes 40 seconds West 192.66 feet; thence South 52 degrees 48 minutes 50 seconds East 36.32 feet to a point, said point being 110.00 feet northeast from said South right-of-way line of U.S. Highway No. 6 as measured at right angles thereto; thence South 79 degrees 46 minutes 11 seconds East and along a tine parallel to said South right of way line 585.56 feet to The True Point of Beginning. Except that portion conveyed to the Board of County Commissioners of Eagle County, and the Department of Highways, State of Colorado by rule and order recorded January 5, 1971 in Book 219 at Page 441. Applicant: Town of Vail Planner: Mike Mollica c~ Public Hearing 2:00 P.M. 1. A request for a determination of the parking requirement for the proposed Booth Falls Par 3 Golfcourse, located on Tract A, Vail Village 13th Filing. Applicant: Vail Recreation District Planner: Mike Mollica 2. A request for an amendment to an approved development plan to allow the shifting of the building envelopes at The Valley, Phase IV/1700 Block of Buffehr Creek Road. Applicant: Ed Zneimer Planner: Andy Knudtsen 3. A request for front and side setback variances in order to construct an addition at 898 Red Sandstone Circle/Lot 7, Block 3, Vail Village 9th Filing. Applicant: Paul and Janet Testwuide Planner: Tim Devlin 4. A request for a conditional use permit to allow an addition, temporary trailers, and roof top mechanical to the Vail Valley Medical Center located at 181 West Meadow Drive/Lots E 8~ F, Vail Village 2nd Filing. Applicant: Vail Valley Medical Center, represented by Dan Feeney Planner: Shelly Mello 5. Notification to the Planning and Environmental Commission concerning a minor amendment to SDD #4 -Cascade Village Area A, Cosgriff ParceUl'he Cascades, generally located south of Millrace Condominiums and west of The Westin Resort, Vail, to allow an expansion to a building footprint not to exceed 5 feet. Applicant: ~ East West Partners, represented by Ned Gwathmey Planner: Shelly Mello 6. A request to modify the landscaping plan associated with the previously approved exterior alteration proposal for the Slifer Building, 230 Bridge StreeVPart of Lots B and C, Lot 5, Vail Village First Filing. Applicant: Rod and Beth Slifer Planner: Tim Devlin TABLED TO AUGUST 24, 1992 7. A request for a variance to Section 18.58.320 to allow for satellite dish antennas to be located at The Wren and Apollo Park Condominiums. Tract D, Vail Village 5th Filing/442 and 500 Frontage Road East. Applicant: Wren and Apollo Condominium Associations Planner: Tim Devlin TABLED tNDEFtNITELY 8. A request for a work session for a major amendment to SDD #4 Cascade Village to amend the development plan for the Waterford parcel located at 1275 Westhaven Drive and as legally described as: -2- rl That part of the SW 1/4 NE 1/4, Section 12. Township 5 South, Range 81 West of the~Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at a point on the southerly right-of-way line of Interstate Highway No. 70 whence an iron pin with a plastic cap marking the center of said Section 12 bears S 33°10'19" W 1447.03 feet; thence along said southly rJght-of-way line two. courses 1) N 52°50'29" E 229.66 feet 2) N 74°38'17" E 160.70 feet; thence departing said southerly right-of-way line N 88°45'57" E 138.93 feet; thence S 40°45'14" W 94.32 feet; thence S 18° 18'36" W 54.08 feet; thence S 01°21'36" W 205.02 feet; thence S 12°07'36" W 110.25 feet; thence S 28°28'36" W 164.48 feet; thence N 40 °1 T04" W 211.16 feet; thence N 49°42'56" E 97.80 feet; thence N 37°09'31" W 95.59 feet; thence S 52°50'29" W 55.10 feet; thence 69.48 feet along the arc of anon-tangent curve to the left having a radius of 65.00 feet, a central angle of 61°14'42" and a chord that bears N 58° 55'53" W 66.22 feet; thence N 37°09'31" W 118.50 feet To The True Point of Beginning, County of Eagle, State of Colorado. Applicant: MECM Enterprises represented by Eustaquio Cortina Planner: Shelly Mello TABLED INDEFINITELY 9. Appeal of staff interpretation of Section 18.58.300 -Setback from watercourse of the Town of Vail Municipal Code. Appellant: Bob Kandell Planner: Tim DevliNMike Mollica WITHDRAWN 10. Discussion of final decision regarding Red Lion parking amendment. Mayor Peggy Osterfoss The applications and information about the proposals are available for public review in the Community Development Department office. 11. Update on PEC issues . a. Santa Fe Conference September. b. Par 3 Goff Course Public Meeting, August 20th, 7:00 p.m., Council Chambers. c. Chuck Crist Schedule. d. Cemetery Task Force. Published in The Vail Trail, August 5, 1992 -3- DESIGN REVIEW BOARD AGENDA AUGIIST 5, 1992 3:00 P.M. SITE VISITS 12:45 p.m. 1 Spruce Creek Townhomes - 1850 S. Frontage Road. 2 Langer Residence - 1593 Matterhorn Circle. 3 Subway - 395 E. Lionshead Circle. 4 Josey Residence - 97 Rockledge Road. 5 Gore Creek Plaza 8uildinq - 193 Gore Creek Drive. 6 Crossroads - 141 East Meadow Drive. 7 Vail Valley Drive/Gore Creek Drive. 8 Bighorn Condominiums - 4167 ~ 4207 Columbine Drive. 9 Forest Glen Subdivision - an unplatted parcel generally located east of Nugget Lane and south of Gore Creek. 1"/n'.'.s~," !!.x;;+:r.,+f1~; ?+:'/.;'~!?;!f~t 'st; r ?'.9'/•' . ~Nr.• ~ ~ HHi •'Y .....f .•vtv f. f t; ~•Y 6 .1, ~';}Y ••'1 0. ` ~.•r~•••••~}c•'?~•.`•ry~:..,..,... c~'r t f r:. < ,t :.;r :'C:£,r::.rr.. ~''f.. :ri''t~•;•f!~.',,. fj~~::~f+.;; n. w::: r. x}~hvrr.::: vx: r... rr y. x;.; n..•.rv:.::•i •rv:?.~}. .::f:::::::Y: ..nvY}v:f iv:.::: x: :•i•}ri:::• x::::: r::: r.+r v: r{;.: r ~ • :J.•.•.•: n... ...::::::..::.:...:•:::::•::•::::........:.4 s:.. ......r.•::::•:;C::x6t;;: y.: •::::0 :••:.:C•'Y ...:.;A:3,. J. w:.• r. f,.: F v:}}:. v: •v.;~.•:.•: .Y yr •:+:f.: ~}}v f%,•}.•:: ::r ::0 :::::•:vw};;v.:••::•:::::::f•:v.%;....:....q.:...jv::•,v.••:,xr:...x w::: :•wr:::: rn....nff.,, n... ;....vl.}:vx x::., Ah r:~v. r. x.•}.n. ;f f. l.h. xr.•.~:.••}'••fr~:.;x,. e r f.... r.,fi iFI.Y <y ::•.:'::f .;,..v n : ~ ofH~•#•:rrrfn:;ailcC:;w.{fcY:~iwcucwcaxi'wJ':uY;;rfW,:: } .{C:...ti.lL`'::-::606':•.•,••...•.•)nrwtttwwG•.rr.V/..!<«J:ao-fifw:r f' dQ'b.,I•Gtt•~/.~:R:W.avri;6G: f7G:..>f'rk;. AGENDA 1. Bighorn Condominiums - Trash enclosure. TD 4167 & 4207 Columbine Drive/Lots 19 & 20, Lionsridge Subdivision 3rd Filing. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Consent approved. 2. Langer Residence - Garage & GRFA TD separation. 1593 Matterhorn Circle/Lot 28, Matterhorn Village. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Conceptual. 3. Subway - Exterior dining deck. TD 395 E. Lionshead Circle/Lionshead parking structure, Auxiliary Building/Nail Lionshead 1st Filing. MOTION: SECOND: VOTE: TABLED TO AOGIIST 19TH MEETING. 4. Forest Glen Subdivision - Subdivision entry sign & MM landscaping. An unplatted parcel generally located east of Nugget Lane and south of Gore Creek. MOTION: Chuck Crist SECOND: Sherry Dorward VOTE: 3-0-1 Approved as amended - revised drawings required for staff review. 5. Christiania at Vail - Skylights, window changes, MM deck expansions. 356 Hanson Ranch Road/Lot D, Block 2, Vail Village 1st Filing. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Consent approved. 6. Gurrentz - Enclose portion of deck, extend deck. AK 5047-B Ute LanelLot 33, Vail Meadows. MOTION: SECOND: VOTE: STAFF APPROVAL. 7, Spruce Creek Townhomes, Phase III, Unit #5 - New AK Single Family Unit. 1850 S. Frontage Road/Lot 5, Spruce Creek, Phase III. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Consent approved. 8. Vail Valley Drive/Gore Creek Drive - Sidewalk GH connection. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Approved. 9. Josey Residence - Path & walkway. SM 97 Rockledge Road/Lot 3, Block 1, Vail Village 1st. MOTION: SECOND: VOTE: Withdrawn. 10. Gore Creek Plaza Building - Exterior renovation. SM 193 Gore Creek Drive/Block 5-B, Vail Village 1st. MOTION: Sherry Dorward SECOND: Chuck Crist VOTE: 3-0-1 Approved with conditions. Ned Gwathmey abstained. 11. Crossroads - Site modifications - (Conceptual) MM 141 East Meadow Drive/Lot P, Block 5-D, Vail Village 1st. MOTION: SECOND: VOTE: Conceptual only - No vote taken. MEMBERS PRESENT: MEMBERS ABSENT: Ned Gwathmey Pat Herrington Sherry Dorward George Lamb Chuck Crist (PEC) STAFF APPROVALS: Owen Residence - Expansion to existing deck. 2695 Davos Trail/Lot 17, Block B, Vail Ridge. Pedestrian Overpass Retaining Walls. North Day parking lot. Caster Residence - Color change. 2490 Bald Mountain Road/Lot 17, Block 2, Vail Village 13th. Peterson/Bossow Duplex - Add entry gate to northwest corner of structure. 332 Beaver Dam Circle/Lot 6, Block 3, Vail Village 3rd. Johansen Residence - Window addition. 950 Red Sandstone, Unit #5/Potato Patch Club. Enzian Condominiums - Enlarge existing 4th floor window. 610 W. Lionshead Circle, Unit #316. Stephens Deck - Deck addition and new window. 1881 Lionsridge Loop/Nail Point, Unit #40. Didio Residence - New entry. Lot 20, Block 7, Bighorn Subdivision 5th Addition. Thoma Residence - Add window and deck. Lot 2, Block 8, Vail Village 7th. Schwab Residence - Deck expansion. Timberfalls, Unit #1203. Frein Residence - Changes to crawlspace & mechanical room. Lot 8, Block 1, Vail Potato Patch. Norris Residence - Deck expansion. Lot 8, Vail Village West #1. Norris Residence - Deletion of windows. 486 Forest RoadlLot 1, Block 1, Vail Village 6th. vv/1W 177L n~:~5 3034496227 4~ELLS, LOVE & SCOBY PAGE 01 RECEIVED AUG t 0 1992 ~rBLZS, LaYL ~ eco~Y Z25 Caayoa eoul~vard Bouidir, Colorado •002 From FAX # (3d3j 449~5~7LT Telephone (303) 4494400 This tr~tnsAtissian to FAX # 47s, 2~~~ co»siats of $ page(s), plus this tranvmittal ahee~t. To : Company Name : TO OE V,~IL Attention: ~ sRRY ~sKW,_,~TH From: DAVY c., w Date : _ A_ uou t~1~0, 1'92 Pleaa:r Dail immsdiataip if you do not raoeivs ell peq~?s or h~rvr ax~y probla~?s riaoivinq this message. our toiafas maabine a~:mbvr sad pbon• numbor ar• listed above. Massage: I &m enclosing a draft of the fir:al version of the Settlemextt Agreement dated August 7, 1992. 1 haves reviewed the snore and it seems to correctly reflect the agreement of tha parties. I called Emma this morning and she said that she was Mending me an original by courier this afternoon. X should have 1t in time to Federal Express it to you yet today. It will be the identical document, but with the dragt xeferenca deleted. It will also hav~a several signature pages far execution in counterparts. In issuing the check to PCL at this t~.me, it heeds to ice in the $mount of $190,087 ($305,G00 S$115,513~ for HuIYa}. With respect to the changes made to the settlement since my meeting with the council in April, the following fairly summarizes those changes: 1. Paragraphs 2 and 3 have the dates are filled in. ~ . ~ 3 contains two ad justmente to the monetary amount to be paid to pCL. 08110/1992 09:35 3034496227 WELLS, LDVE $ SCpBY PAGE 02 F?F~'EIV~D i Q 1~~2 Fix'st, at the time of the Last council ~neetireg, PCL had dust given rise to the additional claim of Hulm and r4quested upwards to $35,.000 of additional dollars to be paid to PCL is?fi.he settlement amount. At the time of the council meeting, we agr+aed try to either exclude the additional xulm claim from the Battlement or resolve it if we aauld. In fact, we were able to reaalve ~.t w~.th a gross increase to payment to PCL in the mount of $4,6DD, with 1/2 0! that borne by the Town and the other borrra by the architect. This finally resolves that issue, and on a basis substantially less than oontfnu3.ng on with that dispute. 8e~c~andly, the other change pertains to a deduCtian from the previously agreed settlement amount by the amount of $17,OQ0. This arose ov+~r the transfer of responsibility for repairs to the expansion and elastomeric joints to the Town. 3. ~ 4 The reference to withholding for the Leach v+~rifiad statement of claim has been deleted. 4. ~ 5 has had an indemnity provision inserted in favor p~ the Town and Architect. 5. ~ C, changes the responsibility for repair of the expansion and ela~ttomeric joints, transferring 3.t from PCL to the Town, with the $17,000 Cost being borne by PCL through a reductio» in the amount of settlement to be paid to PCL. This was agreed to in that it became impossible to get a full correction from PCL and it appeared better for the Tawn try undertake what it wanted with PCL paying the cost. b. x 7(a) has bean deleted as the expansion jaintB are no longer being corrected by PCL. 7. ~ 7(bj pertains to pavers and agrees to the exchange of reports and the issuance of a letter in the event the Town decides not to pursue it as a claim against PAL. e. 7(ej ie rephrased slightly relative to latent defects, but the result is the same. 9. i 8 has the cross referenced paragraph changed. By: SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement"), made and entered into this 7th day of August, 1992, by and between the Town of Vail ("Owner"), Michael Barber Architecture Professional Corporation ("Architect"), and PCL Construction Services, Inc., a Colorado Corporation ("PCL"). WITNESSETH: THAT WHEREAS Architect entered into an Agreement with Owner dated February 15, 1990 ("Architect Agreement") for the performance of design and other services in conjunction with the Vail Village Transportation Center Renovation and Expansion ("Project"); and WHEREAS PCL entered an Agreement with Owner dated May 1, 1990 ("Construction Agreement") for construction of the .Project; and WHEREAS disputes have arisen between the parties over various matters and the parties desire to settle all of their differences; and WHEREAS, after consideration of the various claims of the parties which were resolved through the mediation services of the American Arbitration Association, the parties hereto have reached an understanding and agreement for the disposition of their respective claims pertaining to the Project and desire to settle their differences. NOW, THEREFORE, it is agreed by and between the parties hereto, as follows: EXECUTION OF SETTLEMENT 1. This Settlement Agreement shall be executed by all parties no later than the close of business August 12, 1992, which time may, for good cause, be extended for up to ten (10) additional days by the mediator. PAYMENT 2. The Architect shall pay to Owner on or before August 28, 1992, or within ten (10) days after said date, the sum of Forty-Seven Thousand Three Hundred and No/100 Dollars ($47,300.00). Anderson & Hastings, the structural engineer, shall pay to Owner on or before August 28, 1992, or within ten (10) days after said date, the sum of Five Thousand and No/100 Dollars ($5,000.00). 3 . Subject to the provisions of paragraphs 1 and 4 hereof and on or before August 14, 1992, or within ten (10) days after execution of this Settlement Agreement by aII parties, whichever is last to occur, Owner shall pay to PCL the sum of Three Hundred Five Thousand Six Hundred and No/100 Dollars ($305,600.00). 4. The payment by Owner to PCL shall be subject to the required withholding of payment in the sum of One Hundred Fifteen Thousand Five Hundred Thirteen and No/100 Dollars ($115,513.00) with respect to the Verified Statement of Claim filed by Hulm Construction Company. Unless previously paid by Owner into the registry of the court having jurisdiction and subject to any order of the court, once the Verified Statement of Claim is resolved, the amount withheld by Owner with respect thereto shall be paid by Owner to PCL. If any security tendered by PCL as substituted security with respect to the Verified Statement of Claim is accepted by Owner, the amount withheld with respect thereto shall be paid by Owner to PCL. INDEMNIFICATION 5. PCL agrees that payment of the sums set forth in Payment paragraphs 2 and 3 shall accommodate payment in full for any and all its subcontractors, suppliers, and other persons working under or through it on the Project, and agrees to pay any and all debts and bills arising therefrom. PCL further shall defend, indemnify and hold Owner and Architect harmless from any and all claims that any of its subcontractors, suppliers, or other persons might make against Owner or Architect arising out of or in any way relating to any matter settled and released herein. REMEDIAL WORK 6. The Owner expressly accepts all type H expansion joints and elastomeric joints on the project, and shall undertake to make any and all necessary replacements and/or repairs. It is further agreed that PCL shall be forever absolved of any responsibility, forever in the future, to make any repairs to or replacement of any of those two types of joints. In addition, PCL shall also be absolved of any requirement to provide any sort of warranty for either type of joint. RELEASE 7. Except as expressly reserved in this Settlement Agreement, and upon receipt of all of the foregoing payments, Owner, Architect and PCL, each on their own behalf and on behalf of their officers, directors, shareholders, partners, agents, employees and elected officials, past and present, and all of their consultants, subcontractors, suppliers, sureties, insurers, successors and assigns, do hereby forever release and discharge each party herein named, together with all of their officers, directors, shareholders, partners, agents, employees, attorneys and elected officials past and present, and all of their consultants, subcontractors, suppliers, sureties, insurers, successors and assigns, from any and all claims, debts, damages, liens, causes of action, lawsuits, liabilities, controversies, obligations, and demands, losses, injuries, contributions, indemnities, -2- compensation, costs, attorney fees and expenses of any kind or nature, fixed or contingent, whether known or unknown, together with all liquidated and other delay damages, whether in law or in equity, contract or tort, whether asserted or unasserted, which the parties hereto may have had or might now have against each other in any way directly or indirectly pertaining to their respective Agreements, the Project and/or any performance or nonperformance thereunder, including, but not limited to, any and all rights to additional compensation, unperformed work, defective work, all Change Order Requests ("CRX's") pending as of the date hereof, warranties, whether express or implied, errors, acts, omissions, or defects now known or which, in the exercise of reasonable diligence, could not have been discovered heretofore as to any and all aspects of design or construction of the Project, and all other claims which the Owner either was aware of, including, but not limited to, Don Pyle's report dated December 20, 1991, SAVE AND EXCEPTING, HOWEVER, FROM THE SCOPE OF THIS SETTLEMENT AGREEMENT EACH AND EVERY ONE OF THE FOLLOWING: a. the alleged deficiencies with respect to the pavers, including, but not limited to, the disintegration of the pavers and absence of fabric. It is agreed that all parties shall furnish to the other parties to this Settlement Agreement no later than September 15, 1992, copies of any reports and other pertinent documentation which they may have in support of their contentions. In addition, in the event the Owner determines that it no longer intends to pursue the issue, the Owner agrees to send a letter to PCL and the Architect, so advising. It is expressly agreed by all parties that the failure or refusal of any party to furnish copies of such reports, other pertinent documentation or the letter from the Owner, shall not be a condition of this Settlement Agreement and further, all of the terms and provisions of this Settlement Agreement shall remain in full force and effect; b. any express and/or implied warranties and guarantees which may be in effect in accordance with the Contract Documents between the Owner and PCL only; c. all manufacturers' and equipment suppliers' warranties and guarantees; and d. the parties to this Settlement Agreement do not by this document release, remise and discharge each other from any liability arising out of latent defects in the Work, specifically reserve to themselves any and all such claims for latent defects, and agree that for purposes of this reservation, the term "latent defects" shall mean those defects in the Work which are not now known, and -3- which could not now be known or heretofore have been discovered by the exercise of reasonable diligence. AWARENESS OF OTHER DEFECTS AND DEFICIENCIES 8. With the exception of all claims presently asserted and those reserved claims as set forth in paragraph 7 above, each party represents that it is currently unaware of the existence of any other defects or deficiencies, including, but not limited to, those within any warranty or guarantee. AGREEMENTS REMAIN IN EFFECT 9. Except as herein modified and/or released herein, the respective Agreements of the parties referenced above shall remain in full force and effect, and each party shall be entitled to exercise any and all rights and defenses it may have thereunder, however, nothing herein contained in this Settlement Agreement shall in any way be construed to increase or enlarge the rights or obligations of any party under the terms of their respective Agreements or any other warranty or guarantee. SOLE PARTY IN INTEREST 10. Each of the parties acknowledges and represents that they have been and remain the sole parties in interest with respect to the subject matter of this Settlement Agreement and with regard to all of the claims which have been or might be asserted arising out of the Project or in any way related thereto, and that none of the rights or claims have been, in whole or in part, assigned or transferred in any way to any other party. NO ADMISSION OF LIABILITY 11. It is mutually understood and agreed that the payment of any monies is intended as a payment in compromise of all disputed claims and is not an admission of liability on the part of any party. On the contrary, each party expressly denies any guilt or wrongdoing and has entered into this Settlement Agreement in order to avoid extended litigation and inconvenience. AUTHORITY TO ACT 12. The parties warrant and represent that each has full legal and corporate authority to execute this Settlement Agreement on behalf of and bind the party for which each is signing. The parties represent that they have had the opportunity to consult with legal counsel prior to the execution of this Settlement Agreement and have had their chosen legal counsel review this Settlement Agreement in its entirety. -4- 1 BINDING EFFECT 13. This Settlement Agreement constitutes the entire agreement between the parties and shall be binding upon and inure to the benefit of the parties hereto, together with all of their respective officers, directors, shareholders, partners, agents, employees, attorneys, insurers, and elected officials, past and present, and all of their consultants, subcontractors, suppliers, sureties, insurer, successors and assigns. No rescission, modification or release from the terms of this Settlement Agreement shall be made for any legal or factual mistake. ATTORNEY FEES 14. In the event that an action is commenced to enforce or interpret this Settlement Agreement, the court shall award all attorney fees, costs and litigation expenses to the prevailing party. Each party shall be responsible for its own attorney fees incurred prior to the date of execution of this Settlement Agreement. GOVERNING LAW 15. This Settlement Agreement shall be construed according to the laws of the State of Colorado. VOLUNTARY ACT 16. The parties acknowledge that they have carefully read the contents of this Settlement Agreement, know the contents thereof, accept full responsibility, and have signed the same as of their own free and voluntary acts. The parties warrant that no promises or inducement have been offered except as herein set forth and that this Settlement Agreement is executed without reliance upon any statement or representation by the person or parties released, or their representatives or attorneys, concerning the nature or extent of any damages or any legal liability thereof. CONFIDENTIALITY 17. The parties will keep the terms of this Settlement Agreement confidential to the maximum extent allowed by the applicable law. This provision shall not apply to information required by subpoena, court order, or as required by the Charter of the Town of Vail. COUNTERPARTS 18. This Settlement Agreement may be executed in counterparts, in which case each counterpart shall constitute one and the same instrument. -5- IN WITNESS WHEREOF the parties have caused this Settlement Agreement to be executed on the day and year set forth above. END OF PAGE -6- w APPROVED MICHAEL BARBER ARCHITECTURE PROFESSIONAL CORPORATION Attorney for Michael Barber By: Architecture Professional Title: Corporation STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1992, by as of Michael Barber Architecture Professional Corporation. WITNESS my hand and official seal. My commission expires: Notary Public -8- r PCL CONSTRUCTION SERVICES, INC., a Colorado Corporation By: Title: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1992, by as of PCL Construction Services, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public -9- r APPROVED: TOWN OF VAIL By: Attorney for Town of Vail Title: STATE OF, COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1992, by as of the Town of Vail. WITNESS my hand and official seal. My commission expires: Notary Public -7- I r APPROVED: TOWN OF VAIL By: Attorney for Town of Vail Title: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1992 , by as of the Town of Vail. WITNESS my hand and official seal. My commission expires: Notary Public -7- r APPROVED: TOWN OF VAIL By: Attorney for Town of Vail Title: STATE OF, COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1992, by as of the Town of Vail. WITNESS my hand and official seal. My commission expires: Notary Public -7- HHTT Revised: 8/ 6/1992 ?OAN OF VAIL HBAL 6STATB THANSFBH TAI History and Budget 1992 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 ; 1992 1992 BODGBT MONTH ACTOAL ACT0A6 ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ; BODGBT ACTOAL YABIANCB January 63,999 98,089 106,981 119,972 78,053 80,733 101,374 131,916 96,119 309,233 162,954 165,141 ; 106,390 88,238 ( 18,152) febrnary 40,595 69,018 105,024 132,220 86,289 170,052 64,906 44,040 149,873 140,192 133,085 71,413 ; 89,120 11D,9fi0 21,840 March 69,886 126,935 109,533 137,820 62,693 63,831 92,557 38,791 68,104 145,957 77,995 183,698 ; 89,050 116,626 27,576 April 76,855 94,653 65,900 103,526 173,321 90,396 182,143 95,554 179,671 151,069 152,027 108,040 ; 114,199 213,245 99,046 Nay 42,738 84,324 54,663 90,599 96,006 228,673 98,651 120,984 99,736 220,299 167,972 96,994 ; 105,355 142,817 37,462 June 62,239 125,433 54,488 140,638 76,467 49,513 79,915 73,509 101,364 122,466 136,364 141,.863 ; 90,688 138,852 48,164 July 49,367 186,110 104,262 68,539 157,598 88,528 10,441 47,949 126,531 125,675 75,169 132,042 ; 93,044 95,373 2,329 Subtotal 405,679 784,562 600,851 793,314 730,421 771,726 690,581 552,743 781,404 1,214,891 905,566 899,191 ; 681,845 906,111 218,266 August 79,859 115,499 11,282 97,806 58,937 32,860 100,182 61,137 109,315 86,347 17,486 99,820 ; 78,503 September 59,800 113,992 49,332 96,746 64,671 48,516 108,167 78,819 116,557 143,306 75,745 85,645 ; 79,184 October 108,510 154,000 42,498 122,546 88,132 109,633 93,860 124,291 177,360 241,393 118,986 258,974 ; 124,845 Noveeber 102,623 101,768 81,698 91,385 105,109 74,949 89,047 114,839 241,888 165,964 102,210 268,394 ; 112,095 Deceeber 142,662 133,867 110,911 56,533 81,890 333,139 106,695 95,495 192,947 192,737 107,880 95,742 ; 117,529 TOTAL 899,133 1, 409, 688 956, 572 1, 258, 330 1,129, 766 1, 370, 783 1,188, 538 1, 021, 324 1, 619, 471 2, 044, 638 1, 387, 813 1, 701, 766 ; 1, 200, 000 906,111 218, 266 SENT SY~EAGLE BOUNTY 8- 8-82 ~ 850 3033287207 3034782157 # 1/ 2 4 i5~ August 199 - 8:36 • . EAGLE cc~a+?•rv Ettrrttll~rc: - , 551 BRDA6UNAY OFHCF OF TFf F.O. 13DIt $5t1 9QARD OF COMMI5510NER5 } •_,~i::.-:-' EAGLf~ COLORADO 81631 (~0~) 3]6.66Q5 - • ~ FA1(: (343j 329.72!17 ~h~ •~~I , .,d ;1. ~ r.J 1 EAGLE Ct~llNTY, Ci~LORA~C1 • AG~DA • BOARD OF CO[TNTY CC~IVYIVIIS~iONBRS REGI.TLAR MEN t urT+t1 D~I.Y MONDAY, AUGITST 10, 199 • 09:00 - i 0:00 WC1RR sFSSIUN - w ~,,~wY UFDATF. ~rT ~alcr doss ~ooM dames I+t. Fritze ,County M~urtager 10:Ot1-1U:45 FENDIlVTG Yr~'IGATION M7: ojdoe $dLY(.80~SROou ~EiYIII Ll[IC~B~~ ~.AURtj? Atbt)f1ICy 10:45 - ##*B~~*** 11:Oi1-11:15 ViT(~IIK SESSIQN - flIGIIWAY IN~3RMATIbN SIGN Glen ME;rdiam, Wendy's Restaurant part! Clarkson, Community Development, Flanainp 11:15 - i 1:35 WURS SE55IDN - BbARD pF CCI~CTNTY CbM1VIISSIUNEI - REGARDING M~;TIl~TGS A x 1~~~ AND CURRENT CON~.~ 11:35 -11;45 AL'~~.~.r~IlYG DRAWING C1F CQLLA.TERAI, t'dR F.~ i lr.?+1SY4N OF WARRA~+t ~ ~ ~.IOD FCaR SILV~.tAI!(3 ESTATES, FILII~i•G 1 Phill Scott, &?gineer A~,.~~~1V: Cuosider ar~,~~"ail. • 11:45 -12:110 PLAT SIGNa1VG Tam Allender, Planner ACTION: Cansuler :fir, ~ ~ ~ ual. SENT BY:EAGLE COUNTY ; 8- 6-92 ; 9:51 3D33287207-~ 3034792157;# 21 2 12:40 - 01:3Q **~LUNCH*** t~.~t.:'ilp~+ ~1+Y+1~"~ 01:3U - 01:40 Ct~NSE1V'~ CALtENDAi~, ae~ cauxrr~eva~ I18afS t~P'.! ROi177A~,111~ lYd TY1RH AR$ PLlf,~ ON TN6 []OON~EN7'C.dfBdl~,ll~ iri.+l LLOW 7~ ~~IRD d~ COUNTY GO~(f+S~iR~S n/ 3P6N1/ lT.~ 71AdB 1lATU Eh~iiatvi ON 1~l.1~ lMPORTANl l7~IIS ON A 1~4"yu,~' AGE1~Ed. ANY C4d$fl,'~fP1V8R 11GJY RLQUIST T7~lTANT7EJ1 f' BS "REAfOYED" 1~ROAl fiN8 (aDJV481MT CALR~dR Alm C.ZOl1~lA14EdD S~Pd1G!?B~Y. dNY J[t~'888 OTt ~ BiTBTJC dLtY '1t8QU1~47' A1VYT7Fald !tE ifJgJl(017~' FRdN iSS L17r1 ~6'RNt At3lN1Ll. 1. BIL.1. PAYiNCi Linda t?~nkuch, Accounting I.aurzy Clever, Ccxtt~vller' ANION: A~Y~,~~ rat subject to x+eview by tl:e Cot~.tety Adenag+ar. 01:40 -02:00 LIQUOR l[dC~'dSE Ai~AR1tvG - BECt)I'~1TA tNC dba UP1ATIi~NS DOWN VT3LL~Y BL57'AU Kevin Lindahl, County Attorney ACTION; Consider ~r~.~.rvai. Tr!(3T~ cvrrn?rrl?r Kevin Lindalil, Cr~unty Attorney ~ rr$~r of ~ FArr ~ coum'v cx~l?~rssr~r~e~.s wII.t. $e ttsin nx Ai]OVSr t9ui2. TEi4s AtiEJ~PA L*i PROVlA]ED POOR 8..~,~~ATrI)1'1AI. PURFUSI~S l9NLY AL.i. TAlSS ARE APPR~SIDV[AT~. THB I9c}A~tD WHILE IN SSR~4N MAY C.1ClNSIb6R V r rt,ajw T~'BMS TIIJCC ARB, BAOUCiHT 1T. F~AGH 2 r, WORK SESSION FOLLOW-UP August 1, 1992 Page 1 of 1 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1991 11/19 NEWSPAPER VENDING LARRY E./ANDY/MIKE M.: What can be done to make Locations for the newspaper boxes have been MACHINES these uniform and locations less prolific? determined and approved by all TOV departments. Staff will talk to Larry E. to determine if voluntary agreements or an ordinance outlining locations are appropriate. 1992 01121 EVENING PARKING MIKE ROSEISTEVE B.: Evaluate financial Mike will prepare new analysis of data prior to the STRUCTURE FEES ramifications of eliminating parking structure fees beginning of the budget-setting process in September. (request: Lapin) after 6:00 p.m. each night. Staff to explore other options. 02/04 HERITAGE CABLEVISION RON: Prepare new letter of protest for Mayor's Will do. FRANCHISE NEGOTIATIONS signature. XC: Newspapers, Dillon, Minturn, etc. (request: Lapin) 02/17 EXTERIOR LIGHTING KRISTAN/ANDY: Draft ordinance. Consultant is doing research on more lighting concerns. A scheduled night work session with Council will hopefully occur in September, if research is completed in time. 03110 AFFORDABLE HOUSING KRISTAN/LARRY E.: Finalize ordinance. Final draft Ordinance No. 9, Series of 1992, has been PROVISIONS ORDINANCE sent to Peggy and Kathy Langenwalter for their review. Assuming no major changes, this will come back to Council 8118192. - WORK SESSION FOLLOW-UP August 7, 1992 Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 03110 LIONSHEAD SALES TAX FIGURES STEVE B./STEVE T.: Packy Walker, on behalf of the Will investigate. Staff time now being spent on special (request: Osterfoss, Levine, LH Merchants Assn., is requesting an accounting of events/daily sales tax reporting program. Staff will Gibson, Steinberg) sales tax taken from a square footage basis, standard attempt to meet these other concerns after completion number (such as Dow Jones) of businesses reporting, to of the special events program. offer a comparative analysis. 04107 REVIEW RETT PEGGY/LARRY E: Schedule for Council review. Ongoing process. Larry E. will develop land trust recommendations. Tentatively scheduled for review at 8/18192 work session. 07/14 U.S. WEST RON: Prepare letter requesting information on how U.S. (request: Gibson) West's installation of fiber optics will be used to transmit cable television. 07/28 INTEREST RATES FOR KRISTAN/GARY M.: When an applicant chooses to defer 10% per annum interest rate, + 18% penalty for non- IN-LIEU-OF-PARKING in-lieu-of-parking fees, what is the interest rate to be payment is set by Section 18.52.160 Exemptions, B(7). FEES paid? Should this be raised? (Section of TOV Code attached.) (request: Lapin) ' - ZONING ' 18.52.150 Credit for multiple use loading facilities. Where a single off-street loading facility serves more than one use, the number ofoff-street loading berths may be reduced in accordance with the following schedule: Total Requirement Determined per Reduced Requirement Section 18.52.130 With Multiple Use 1 berth 1 berth , 2 berths 1 berth 3 berths 2 berths 4 berths 2 berths a:-:~:-:.~::::;..._:...:-~::._.~-..~.;<:.._ . 5 berths 3 berths 6 berths 3 berths - - - - = 7 berths 4 berths 8 berths 4 berths • 9 or more berths 5 berths (Ord. 8(1973) § 14.703.) 18.52.160 Exemptions. A. The town council by resolution may exempt certain areas from the off-street parking and loading requirements of this chapter if alternative means will meet the off-street parking and loading needs of all uses in the area. Prior to exempting any area from the off-street parking and loading require- ments,the council shall determine the following: 1. That the exemption is in the interests of the area to be exempted and in the interests of the town at large; 2. That the exemption will not confer any special privilege or benefit upon properties or improvements in the area to be exempted, which privilege or benefit is not con- ferred on similarly situated properties elsewhere in the town; 3. That the exemption will not be detrimental to adjacent ~ _ ~ = ~ = properties or improvements in the vicinity of the area to be exempted; - _ _ ~ 4. That suitable and adequate means will exist for provi- sion of public, community, group or common parking facilities; for provision of adequate loading facilities and . (vaa z-si) 442 _ . . OFF-STREET PARKING AND LOADING for a system for distribution and pickup of goods; and for financing, operating and maintaining such facilities; and that such parking, loading and distribution facilities shall be fully adequate to meet the existing and projected needs generated by all uses in the area to be exempted. ' B. In commercial core I and commercial core II property owners or applicants shall be required to contribute to the town parking _ _ fund, hereby established, for the purpose of meeting the - ' ~ ' ~ - demand and requirements for vehicle parking. At such time as any property owner or other applicant ~,~~t,ases to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee hereinafter required. 1. The parking fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council provided in no event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally. If any payor's funds are not used by the town for one of the purposes specified in subparagraph 1 above within five years from the date of payment, the unused portion of the funds shall be returned to the payor . upon his application. 3. In accounting for the funds expended from the parking fund, the finance department shall use a first in/first out rule. . 4. If any parking funds have been paid in accordance with this _ _ section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payor shall be credited against the assessment with the amount previously paid. i - 443 (veil 4-7-92) ZONING 5. The parking fee to be paid by any owner or applicant is hereby determined to be eight thousand dollars per space. This fee shall be automatically increased every two years by y~ the percentage the Consumer Price Index of the City of Denver has increased over each successive two year period. 6. For additions or enlargements of any existing building or - . " ~ change of use that would increase the total number of parking spaces required, an additional parking fee will be required only for such addition, enlargement or change and not for the entire building or use. No refunds will be paid by the town to the applicant or owner. 7. The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five-year period. If the latter course is taken, the first payment shall be paid on or before the date the building permit is issued. Four more annual payments will be due to the Town of Vail on the anniversary of the building permit. Interest of ten percent per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of payments, and the interest due. Promissory note forms are available at the offices of community development. 8. When a fractional number of spaces results from the application of the requirements schedule (Section 18.52.100), the parking fee will be calculated using that fraction. This applies only to the calculation of the parking - fee and not for on-site requirements. (Ord. 6 (1991) § 1: Ord. 30 (1982) § 1: Ord. 47 (1979) § 1: Ord. 8 (1973) § 14.800.) 18.52.170 Leasing of parking spaces. A. No owner, occupant or building manager, or their respective agent or representative, shall lease, rent, convey or restrict the use of any parking space, spaces or area to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the zoning 444 ~ve~t as-s2> •i 3 RECEIVED AUK - 3 X~' ~~m 5 NOTICE OF MEETING /~uB ~ COLORADO ASSOCIATION OF SKI TOWNS AUGUST 13 - 14, 1992 WINTER PARK The next CAST meeting will be held August 14 at the Winter Park Town Hall. Lodging will be at Beaver Village Condominiums and reservations can be made by calling 1-800-824-8438 and identifying yourself as a CAST member. (For tax exempt status, please be sure to pay with your municipality's check, or have it billed directly to your municipality.) Thursday's dinner will be at 6:00 pm at The Divide Restaurant. See enclosed memo from Winter Park for further ~ information. AGENDA - Fridav. Aucrust 14, 1992 8:30 am - Continental Breakfast at the Winter Park Town Hall 9:00 am - I. Call to Order - Please sign in 2. Consideration of June 18, 1992 minutes 3. Fiscal Report 4. CONTINUED BUSINESS A. Colorado Convention Center - Rich Meredith B. Bike Guide Committee - Bill Crank C. 1993 Legislative Tour 5. NEW BUSINESS A. Con:>ideration of 1992-93 Budget and Dues Structure B. Proposed 1$ State Sales Tax increase 6. COMMITTEE REPORTS A. Ground transportation Committee - Elizabeth Black B. Tourism Board Advisory Council - Ron Phillips f 7. COMMUNICATION AND OTHER BUSINESS A. Historical perspective of CAST - Steve West and friends B. Update on November ballot issues - Sam Mamet C. Future agenda items 8. ADJOURNMENT MEETING ARRANGEMENTS COLORADO ASSOCIATION OF SKI TOWNS AUGUST 13 - 14, 1992 WINTER PARK Thursday Evening August 13 Lodging: Beaver Village Condominiums $54.00/nt 1 Bedroom 72.00/nt 2 Bedroom See map for location. Dinner: The Divide Restaurant, 3rd Floor, Cooper Creek 6:30 pm Square. See map for location. (Note: Cash Bar beginning at 6:00 pm) Friday Morning, August 14 8:30 am Continental Breakfast - Town Hall (See map) 9:00 am Meeting - Town Hall (See map) 12:00 Lunch - On your own 1:00 pm Golf: Pole Creek Golf Course (Compliments of Fraser Valley Metropolitan Recreation District) RSVP Golf: Daryl 726-$08i Lodging; Beaver Village Condominiums 726-8813 ' + yr wY_.w.....,.,._...... ' i I 'yy A y 1 ~ 1 '~'s"'~ t ~ . Lit S t zl ~ :Ct~E.;G, I ,qy I ' . . t . ~ a ~ s _ ~ ~ IDLEYIII.D VILLAGE ~ J r zo uaptk.~3 t~ PNA5E I rw* C~'04JIXY3 ~ ~ ~ - f 1 ~ ~ ~ ~?LA~A r ~ ._..r..;-~ ~ !t~ BstrowH vim` ! , ~ , lDL£Wil.O VILLAGE , a ~ . ~ ~ , 1 TIMBER ~ 1 DIV! D . ~ 1 ` ~ `y . t N ~ Avta+cl~ cam , ~ f ~ vra~c~RO s t a: , ' ~ ; pva+c~ 11 ~ ~ ` 1 `~p9~i ~ ~ watt.l,?~ ,y!!F >~AV' , AFIK ~ ~ , R P . ~ ~~:.~1.. NdRY P1`~~:, ~ ~ _~~E7FF'CR GREIr'K..S ~ ~~,..'A. srE.w:~Wer f. ,..a ~ ~ ~ ~ 111 CQQP~'R CREEK 'WAX.,. ~ 1 A ! G I:ACILlTY {ii vl+atto ,pa - CUa.LSM t i.OUGE 'p\ ~ ~ 11111 ~t~. 0 ~ s~~ R c~ ,y , ww~wNw~ i~auw~w~ ~ . to .y~f~"~ HID::AWAY F'ARhC+ _ . r L t~vE~a+ulcr~-t+F:nTOH a ''~y £t,C3•~ ~ I ~-w ' ~J y-~,(~~(~ e` f~ 1. Q~ \TE YER L'FICx ~ .C2 I 7~llC~+ , \`./l"':~L-f s c ~ ~ gy~~ wlt~"tE.RMOOR ~H.. t ~ ~ ~ . f" 1 ~ ~4`'. ~ ~ ~ r ~ ~ _ ® BEAVER VILLAGE a ~ ~ ~ ~ _ ~ u ~ s4 to ~ /y ' ~ ~ so ~ zl ..5 D.t. ~ f \ a 1 II I 10 1 a I ft \ 7 ' ,1", ' ~ ft1_~nG ~~i: # ~ `~1 ~ . ~Jl.£'A'fL0 MEAC:~'~'~S ~ r ! f t' t-Ml-+~h ~!-f"3~F"f-F+4-1~4 i-a~3 4 F-8 4-$5-i-i-l-f-ki~l ~I ~t _ ' _ ' ~ « •.,r, , '~K~ ~ L__ I~V~~'Q9ei r pRrJR~3ED}GONDQ~ COLORADO ASSOCIATION OF 5KI TOWNS FT. COLLINS, COLORADO JUNE 18, 1992 MEMBERS PRESENT OTHERS PRESENT ACHEN, Mark - Grand Junction GERSTENBERGER, Jan - CML BERTAUX, Michael - Breckenridge JEFFERS, Steve - George K. Baum BLACK, Elizabeth - Frisco LUECKENHOFF, Renatta - CSCUSA BLACK, Paula - Steamboat Springs MAMET, Sam - CML BOYD, Julie - Dillon MEREDITH, Rich - Colo. Tourism Board BROWN, Mary - Steamboat NORTON, Tom - State Senator CASWALL, Edward - Aspen PASTORE, Bob - State Senator CRANK, Bill - Crested Butte ROSE, Kent - Vail DAVIS, Jerry - Avon SHIPLEY, Cathy - DOLA DICKERSON, Bill - Mt. Crested Butte SMITH, Jerry - DOLA FILSON, Bob - Gunnison HAMILTON, Virginia - Mt. Crested Butte HOWELL, Roy - Telluride KLUSMIRE, Leslie - Glenwood Springs LEVINE, Rob - Vail LONG, Tom - Silverthorne MARGERUM, Amy - Aspen MARTINEZ, Gary - Breckenridge MUHLBAUER, Lynda - Fraser OSTERFOSS, Peggy - Vail PHILLIPS, Ron - Vail POWERS, Linda - Crested Butte RAITANO, Flo - Dillon RHONE, Aron - Grand Lake ROGALSKI, Vince - Mt. Crested Butte ROSE, Harvey - Steamboat Springs SCHMIDT, Jim - Crested Butte SHEARER, Jim - Vail SHEPHERD, W. Conner - Grand Junction SHRUM, Daryl - Winter Park STEINBERG, Tom - Vail STOVER, Gene - Grand Lake SUITER, Gary - Snomass Village SWATZELL, Bob - Fraser TEVERBAUGH, Nick - Winter Park THRASHER, John - Steamboat Springs VARLEY, David - Silverthorne WEST, Steve - Breckenridge CAST - Ft. Collins JUNE 18th, 1992 PAGE 2 Call to Order President, Flo Raitano, called the meeting to order at 4:20 p.m. Consideration of Aoril 10th, 1992 Minutes The April 10th, 1992 meeting's minutes were presented for approval. There were no additions or corrections. A motion to approve the minutes as presented was made, seconded and unanimously approved. Fiscal Report A fiscal report was included in the CAST packet. Virginia Hamilton reported that there were several outstanding bills, for the dinner in Grand Junction and one member has not paid for the bicycle guide. Virginia reported that the dues structure will need to be discussed at the August meeting. Nominating Committee Bill Crank stated that the nominating committee had met and recommends the following nominations for consideration of the membership: Nick Teverbaugh - President Flo Raitano - Vice-President Clay Brown - Board Member Rob Levine - Board Member Daryl Shrum - Secretary/Treasurer. It was explained that Flo Raitano will not serve as President since she is running for a Summit County Commissioner's seat this fall. There being no nominations from the floor, the above named Board members were unanimously elected to serve CAST for the 1992 - 1993 fiscal year. Flo Raitano presented Virginia Hamilton with a plaque of appreciation for serving as Secretary/Treasurer last year. In addition, newly elected President Nick Teverbaugh, presented Flo Raitano with a Certificate of Appreciation. Nick indicated that he had prepared the Certificate in the personal library in his hotel room. CONTINUED BUSINESS A. Legislative Tour Update Nick Teverbaugh explained that there had been conversations about the status of the Winter Legislative Tour and the possibility of modifying the Tour which is held in January or early February of every year; that there was some discussion of cancelling the winter Tour and, as an alternative, scheduling a luncheon in Denver to meet with the Legislators; that there has been discussion of scheduling a Summer Legislative Tour which has not occurred since Steamboat hosted the event four years ago. Paula Black with Steamboat Springs introduced Harvey Rose, the Steamboat Springs City Manager to provide a recap of the Summer Legislative Tour in Steamboat. Harvey explained that a total of $27,000 in cash was expended and, in addition, there were many in-kind services provided by the City as well as sponsors. It was explained that attendance in Steamboat was rather good with 54 State Legislators attending. Harvey went on to explain that Steamboat this last year hosted a tour for U.S. Senators and Representatives which was fairly well received. Harvey stated that the Summer Legislative Tour needs a lot of lead time in announcing the meeting in order that good attendance is possible. Renatta Leukenhoff with Ski Country reported that Ski Country's Board has budgeted funds for the 1993 Legislative Tour and that a Summer Legislative Tour has not been discussed. Renatta also reported that Ski County's Budget does not address a Summer Legislative Tour. Renatta will discuss the possibility of holding a Summer Legislative Tour with her Board at their annual meeting in Beaver Creek. CAST - Ft. Collins JUNE 18th, 1992 PAGE 3 Renatta Lueckenhoff indicated that Ski Country might host a luncheon this winter in Denver to invite some of the State Legislators that do not attend the regular Legislative Tour. She explained that it would be appropriate to have it at the Children's Museum due to the fact that there's a small man-made ski slope located there. Steve West made a motion that CAST sponsor the regular Legislative Tour and that a lunch also be scheduled in Denver. This motion was seconded by Flo Raitano and unanimously approved. At the next meeting there will be discussion about holding a Summer Legislative Tour. Jerry Davis, the Mayor of Avon, indicated that Avon and Beaver Creek were willing to host the 1993 Legislative Tour. Flo Raitano made a motion to support Avon's invitation which was seconded by Rob Levine and passed unanimously. B. DEPARTMENT OF TRANSPORTATION RESOLUTION Roy Howell, representing Telluride, submitted a Colorado Association of Ski Town's Resolution regarding intermodal transportation. The Resolution documents CAST support for bicycle paths as an integral part of highway improvement projects throughout the state. Elizabeth Black made a motion that CAST approve the Resolution, which was seconded by Amy Margerum. The motion passed unanimously. NEW BUSINESS A. 1992 - 1993 Budget Nick Teverbaugh explained that the Budget for this fiscal year will be discussed at the August meeting. B. Selection of Meeting Locations After much discussion, Elizabeth Black made the following motion: Winter Park -August 23, 14, 1992 Aspen - October 8, 9, 1992 Vail - December 10, 11, 1992 Legislative Tour - Avon, Beaver Creek - January 22nd to 24th, 1993 (tentative) Grand Junction - April 8, 9, 1993 CML Annual Meeting - Breckenridge - June 22nd to 26th The motion was seconded by Flo Raitano and unanimously passed by the membership. Colorado Convention Center - (Continued Business) Rich Meredith was called on to explain advertising possibilities at the new Convention Center in Denver. Rich explained that in one of the hallways in the convention center there was a space approximately 82' long and 8' deep that could be used to promote tourism and other activities in the State of Colorado. Rich explained that a consulting firm has been hired by the Colorado Tourism Board to prepare a plan within the next 6 months. The consultant is currently undertaking a needs assessment which will indicate who is willing to participate and the type of displays that are warranted. Hopefully, the display area will be completed in April or May of 1993. Rob Levine and Steve West indicated this was a fantastic opportunity for CAST and Ski Country and that the two organizations should work together on this issue. Rich Meredith indicated that he would be in contact with CAST and Ski Country to further discuss this issue. CAST - Ft. Collins JUNE 18th, 1992 PAGE 4 C. Aouointment of Rerraaentativps t~ the Colorado TOUYigm Advisory Board Council It was unanimously recommended that Ron Phillips continues to serve as the CAST representative with Vince Rogalski serving as his alternate. D. Water Discussion Senator Bob Pastore was introduced by Nick Teverbaugh. Senator Pastore explained his recommended Constitutional Amendment which may be on the General Election Ballot this fall. The Amendment is entitled "The W.A.T.E.R. Amendment which stands for Wilderness Appropriations in Transfers and Exports for Rivers." There was a lengthy discussion of the membership concerning this issue. Senator Tom Norton also made some comments concerning a legal issue pertaining to the proposed amendment. There was no action taken by the CAST membership. COMMITTEE REPORTS A. Ground Transportation Committee Elizabeth Black gave the membership an update on the Ground Transportation facilities at Stapleton Airport. She explained that some progress has been. made and she will continue to keep the membership informed. B. Bike Guide Committee Bill Crank reported that a report will be made at the August meeting. The Bicycle Committee is currently consists of Bill Crank, Dave Varley, Rob Levine and Clay Brown. C. Tourism Board Advisory Council Report Ron Phillips indicated that the report was included in the CAST packet and no further explanation was needed. COMMUNICATION AND OTHER BUSINESS Sam Mamet with the Colorado Municipal League was introduced. Sam indicated that he continues to be interested in the CAST organization and will help in any way possible concerning legislative issues. Mary Brown, Council President of Steamboat Springs was introduced and congratulated on being the new CML Board President. Nick Teverbaugh discussed Vail's Resolution concerning their opposition to the Governor's sponsored Constitutional Amendment whereby 1~ would be added to the State sales tax base for K-12 education. Nick indicated that this should be a major topic on the agenda in August. A resolution indicating CAST opposition to Gov. Romer's school funding proposition will be included in the packet for consideration at the next meeting. There being no further business to discuss, the meeting was adjourned at approximately 6:10 p.m. The next meeting is scheduled in Winter Park on August 13th and 14th. Respectfully submitted, Daryl K. Shrum Secretary/Treasurer DKS/emw :castmins.618 COLORADO ASSOCIATION OF SKI TOWNS Treasurer's Report July 16, 1992 Beginning Cash Balance $15,385.57 5-11-92 REVENUE Deposits $501.73 EXPENDITURES ($427.21) Ending Cash Balance $15,460.09 Detailed Report REVENUE Interest 94.19 Dues -0- Bike Guide -0- Meeting reimbursements 407.54 TOTAL REVENUE RECEIVED 501.73 EXPENDITURES Mt. CB - Cast Packets & Postage 172.32 Bizmart - Supplies (26.88 - 8.51 out date ck., ck #315 18.37 University Park Holiday Inn - Hors d'oeuvres Annual mtg. 236.52 TOTAL EXPENDITURES 427.21 COLORADO ASSOCIATIOIvT 0~' SY.i TO@72.S Fro_posed 3992-93 Budget July 1S, 1992 92-93 ' 90-91 91-92 91-92 PROPOSED ACTUAL BUDGET ACTUAL BURG T Beginning Fund Balance $19,930 $23,131 $23,181 $15,460 REVENUES: r" n~ pp G2,423 2Vr566 23,991 t': Gull {7 Cdr LU~S G1,C750 I.~terest 2,172 1,500 1,230 1,200 0 "3,000 0 Jll~Cla1 nSS2S5iitcntu ~BitiE'j 36,00 L' 'x TOTAL REVE~TLiES $60,022 $23,923 $64,796 $25,131 i,~P *VD1 T VR:JS uegislative Tour 12,429 12,500 10,728 13,000 Audio `Jisual Presentation 3, 196 S,C(0~(0~ 0 8,0(00 t'~Ct itll n.t .~S tNQt1 V ~yy,,Co J' t.~7 1 , 2S2 i , 300 2 , 003 ~ , 500 Uwl.~CllnrJ Bi Q(: iti~.r ~ 3V , 564 0 56l G 19 DGnatiOnS 5v^`J 1 , L'~i0 ~ 1 , v00 S~2Ciai Studzes u~i'O l , v~iv 3, Ov0 1 , ^vCt) rOSpitalit_ 0 1,500 567 1,CC0 ------------------------------------~-7-------c-----n-(-~-- i.VlAL ~iP ~1VD1SU~l.~.~S ~5~,772 .j25,3VV $72,J1t .j25,5vv Operating Gain {Lcss) $3,251 1$1,377) ,$?,721} ($309) Ending Fund Balance $23,181 $21,804 $15,460 $15,151 COLORADO ASSOCIATION OF SKI TOWNS MEMBERSHIP DUES PROJECTIONS 1992-1993 CAST membership dues are calculated at .1~ of the audited 1991 General Fund expenditures, up to a cap of $1,500. Municipalities more than one mile from a ski base area are further reduced to 3/4 or .1~, up to a cap of $1,125. 1991 Audited 1992 - 1993 or Estimated Proposed General Fund 1991 - 1992 & Actual Municipality Expenditures Actual Budget Aspen 7,901,454 1,500 1,500 * Avon 6,053,651 1,125 1,125 Breckenridge 7,900,000 1,500 1,500 Blue River 211,585 123 159 * Crested Butte 786,000 511 590 * Dillon 1,035,842 661 777 Durango 8,925,552 -0- 1,500 * Fraser 1,046,576 429 785 * Frisco 1,912,849 1,125 1,125 * Glenwood Springs 4,635,771 1,125 1,125 Grand Junction 21,300,000 1,125 1,125 * Granby 488,330 354 366 Grand Lake 749,373 436 562 * Gunnison 2,490,390 ? 1,125 Mt. Crested Butte 1,188,717 1,068 1,189 * Nederland 417,693 359 313 **Park City 500 500 * Silverthorne 4,163,219 1,125 1,125 Snowmass Village 3,800,000 1,500 1,500 Steamboat Springs 11,795,400 1,500 1,500 Telluride 2,022,705 1,500 1,500 Vail 12,877,228 1,500 1,500 Winter Park 2,650,000 1,500 1,500 TOTAL: $ 23,991 * 3/4 of .1~ Associate Member COLORADO ASSOCIATION OF SKI TOWNS A RESOLUTION OPPOSING A STATEWIDE INITIATIVE TO RAISE THE COLORADO SALES TAX FROM 3~ TO 4~ WHEREAS, a statewide initiative petition is being circulated which would increase the Colorado sales tax rate from 3~ to 4~ to raise $320 million in new revenue for elementary and secondary education; and WHEREAS, the combined state-local sales tax rate in Colorado is among the highest in the nation; and WHEREAS, increasing the state sales tax rate will be economically harmful to municipalities, counties, and other local governments which rely primarily on local sales tax revenue; and WHEREAS, the tourism industry is very important to Colorado's economy as the second largest industry in the state, and an additional one cent state sales tax will make it more difficult to increase local sales tax for important local government needs and could increase visitor and guest resistance to travel to Colorado to recreate and vacation by increasing the cost of retail purchases, lodging, and food, thereby discouraging sales within Colorado and harming the Colorado economy; and WHEREAS, an additional one cent sales tax will particularly cause financial hardship on low and moderate income residents because of its inherent regressive tendencies; and WHEREAS, the proposed tax increase would generate substantial income from the members of the Colorado Association of Ski Towns to the State of Colorado, but the local School District budgets would receive minimal, if any, increases above current State funding levels; and WHEREAS, state and local sales taxes are not deductible for purposes of computing federal income tax. NOW, THEREFORE, BE IT RESOLVED THAT THE COLORADO ASSOCIATION OF SKI TOWNS opposes the statewide initiative to increase the state sales tax rate from 3~ to 4~ because of the problems and unanswered questions it raises; and BE IT FURTHER RESOLVED that if new state revenues are necessary for education, other avenues of enhanced revenue should be explored and considered such as removing most or all the present state sales tax ex~..~NLions or increasing the state income tax, or other approaches which avoid the problems raised herein. This Resolution shall take effect immediately upon its passage. APPROVED P,ND ADOPTED THIS 14TH DAY OF AUGUST, 1992, BY THE COLORADO ASSOCIATION OF SKI TOWNS. COLORADO ASSOCIATION OF SKI TOWNS By: Harold N. Teverbaugh, President ATTEST: By: Daryl K. Shrum, Secretary SENT BY~EAGLE COUNTY ; B- 4-92 ; 17 03 ; 3Q332872Q7-~ 3D347~2157;# 1l 2 ' ' RECEIVE® AUG G 192 I . , 551 BiX~AkDWAY dFFtC~ OP 'fF1E i • = P.O. BDX $ 5[T • CdI1t+ITY MANAGER a . EAGLE. ~OLdRADQ 81831 •~a-~ ' A ~ F~1X; (303~j2$•7207 a~{~^ EAGLE CC~LIIVTY, GC~Lt'tRADt~ FACSIlt?III~$ TRANSlI~ Y x AL BI~s ~ u~ DAZE: . iE , /'~~l~ Tom: o~ riR , TO: ~a>~ ~6~ s FAX # ~ ~ ~ ~s ~ FRQ~+t: ~ FAX #(303) 328-7207 c~ PA+~F.,S ~ TRANSNi11 t ~ . . INCLUDING THIS C+Dir.~~ PAGE. T'k r.~ 4F DUCLTMENT: PRIt~RI'I"'Y; L''~ DEL.IV`L~It II~.~.~IAT~LY ~IELI4Llt VI? Y~Y~Y HOI.TEtS ADDRESSEE WILL PICA OF NCf tlr ~ ADDItFSS~E Q?ItIGINAL TO BE MAILED DATE ADDI'IZQNAL INS"I'RUt: l i~]N UR COM.1VtBNTS; ~?.~~dDING t~~'~tATt~~: ~1 ~,.~j' ' .1~~.,~,~..,~.., ; ce J~`t' , SENT BY~EAGLE COUNTY ; 8- 4-92 ; 17~D4 ; 3D332872D7i 3DS4792157;# 2~ 2 C ~ :~t~ ~ • _ REC~6VED AEG 5 191 r+~. ~ , y•;•'•; : • `x EAGLE COUNTY RiI~DING s5! B~o,~owar OFFICE OF THE ...r P.O. BOx $SO Y V~M1 • ~ Bt~ARD OF CONNAlSSN?NERS • EA~i.E. COlC1RACk;1 S! 631 (3D3} 339-8604 `•rv;•,•• ~ f,4X: (3R3y 328J~p7 ',,:4_ a v EACl.E CC)LlN~1r', ~C~Lt1RAD~ - August 3y I99Z 1VIr. John Unbewast District Ettgiaees, Distract I Colorado Department of Transportation 18500 East Colfax At~t~ Aumra~ CtJ 90111 R>a: ~II{E PATS ~ VA,IL Dear Mr. Unbewustt I am writing on behalf of the Eagle County Board of Commissioners to ~~~Y+t:ss Conct~rtt with the biii~ path from the top of Vail Pass and eut~?ding west. Conditions of the l~ikl~ path were brnught to our attention in a letter z~ived in this office ~ Ju[y 7 from tinny Culp •(ex~py enclosed). It is our understanding that the design of the path adds tv the mainl~..~nce prpblem of debris and gravel on tt~e path, • With the long term saf~y of o~pr community in mind, this pmblaYm needs to be addressed and corr~ectecl in order to provide a safe and enjoyable e~Gperience for irvoryone using tie path. ling has become a pvpultur sport not only by locals, but tourists alike. It would be greatly appreciated if you would add this ~ your list of priorities. Thank you frnt your time and consideration with this matter. Sincerely, Donald H, Welch, Chairman I'rotl~m Eagle bounty Btyard of Commissioners oc: tinny Culp bcc= Ron Ph~.~.~.cpa, Va.%~f. 7•ouya Mariageh, Tc. RECEIVED A!}G 5 1992 The Vail Town Council C/O Mayor Peggy Osterfoss August 5, 1992 Dear Peggy and members of Council, Thank you, first of all, for your understanding and support on my County Commissioner decision. Obviously, it was not easy given my interest in improving our county government but I think you all agree it was an opportunity I could not afford to pass up. Second, while I obviously approve of your rejecting ordinance #20 (balloons over Vail) I see merit and could support a special use consideration for world championship type events, including the upcoming mountain bike race. The danger, of course, is in defining what constitutes a ~~world class event~~. In my view any event held once a year or once every several years only in one location and which adds a new dimension or value to our marketing appeal should qualify. The annual meeting of the greater northern Georgia ski lunatics obviously would not qualify while the Superbowl would. Hopefully this would allow organizations like the Foundation to placate their sponsors while clearly establishing Vail's intent to remain balloon free. Certainly Jim's argument about being ~~a little pregnant~~.deserves equal consideration although I could personally justify clearly defined exceptions to this important policy decision. All t ~ best, , G`C._ Eric Affeldt ~~xC [2eu~~~~ ?J ~ ~ tVED AUG " 7 1992 ~ RECE CML Colorado Municipal League I~lORANDUM 1660 Lincoln Street, Suite 2100 Denver, Colorado 80264-2101 Phone (303) 831-6411 To: Ballot Issues Committee and Executive Board FAX (303)860-8175 From: Samuel D. Mamet, Associate Director Re: August 19 Meeting Date: August 5, 1992 INTRODUCTION The first Committee meeting will be August 19 from 9:30 am until 3:30 pm. Lakewood Mayor will be Committee Chair. Box lunches will be served, so if you have not already done so, please contact Cathy Pouder or Becky Phye by Monday, August 17 and let us know of your attendance plans. The League is located in the Lincoln Center Building, which is located right on the corner of 17th and Lincoln across the street from the Norwest Bank Building. We are located on the 21st floor. There is ample public parking adjacent to our building both on Lincoln and around the corner on Sherman. We expect that the meeting should finish by 3:30, and that only one meeting of the Committee is anticipated. COIF 1 rt.c~ PURPOSE As you may be aware, the establishment of this Committee is the result of a recommendation made last year by the League's Strategic Planning Committee, and ratified by the Executive Board, as a means of providing broad membership input into the policy process of taking positions on the various 1992 statewide, general election ballot issues of municipal impact. We very much appreciate your interest in and membership on this important Committee. Your recommendations will be forwarded to the Executive Board, which will meet on August 28 to finalize CriL positions on ballot measures. BALIAT ISSUE'S PACKET Please find enclosed an analysis of each of the ballot issues which appear to have qualified for the November election. As you know, petitions must contain a minimum of 49,279 registered elector signatures (five percent of the votes cast for Secretary of State in the last elections in order to qualify. Each of the summaries generally describes the measure, analyzes the measure from a municipal standpoint, and lists a few arguments for and against the measure. Staff recommendations on positions will be provided at the meeting. Included are only those ballot issues which League staff members feel have some impact on municipal government. The summaries are based upon a review of each measure, along with a variety of information collected on each measure. We have not included copies of the text of each ballet proposal, because of the length of the material involved. However, if you would like to have any additional information on any of these measures prior to the meeting, please feel free to contact me. (O~~ r 6 POSITIONS Recommendations can take the form of support, oppose, or no position. Because of the number of issues involved, once positions are taken we also would like to ascertain from the Committee which measures are of higher, medium, and lower priority. We've also enclosed for your use our June 19 Newsletter article on municipal compliance with the state's Campaign Reform Act as it relates to statewide ballot issues. CONCLUSION We look forward to seeing you on August 19. Should the contents of this memorandum raise any questions, please do not hesitate to contact me. Enclosures Order of measures for discussion with CML staff contact noted. 1. Safe Workplace - Steve Smithers 2. Rights for Crime Victims - Kathy Haddock 3. Cannabis Hemp Relegalization Act - Kathy Haddock 4. No Special Rights - Kathy Haddock 5. Repeal of Obsolete Provisions - Geoff Wilson 6. Election Reform Amendment - Geoff Wilson 7. Local Authorization for Limited Gaming - Sam Mamet 8. Colorado TA in Committee - Sam Mamet 9. Lobo Limited Gaming - Sam Mamet 10. Limited Gaming in Grand County - Sam Mamet il. Dollars for Education--Gateway Group - Sam Mamet 12. Historic Rural Communities for Limited Gambling - Sam Mamet 13. Moratorium and Parachute - Sam Mamet 14. Great Outdoors Colorado - Sam Mamet 15. Colorado Children First Act of 1992 - Sam Mamet 16. Taxpayers' Bill of Rights - Ken Bueche 17. Taxation III - Ken Bueche Y ~ CML August 4, 1992 AMENDZ~N'P # Safe Workplace Amendment SIJl4iARY (Actual Text) Anyone who, in the course of business, knowingly maintains an unsafe work environment shall not be immune from suit for a resulting injury or death by a worker and his or her survivors for any and all damages and losses. ANALYSIS AND DISCUSSION This proposed amendment to the Colorado Constitution would allow an injured worker, or his or her survivors, to seek compensation by way of court action against anyone who knowingly maintains an unsafe work environment. Under the current worker's compensation system in Colorado a worker waives his or her right to suit in exchange for the guarantee that all medical costs and specified income replacement will be provided for ail work related injuries without the employer being able to assert common law defenses. Virtually all employers are required to participate in the worker's ccmpensation program. Employers are legally obligated to pay all costs of worker's compensation insurance; no share may be passed on to the employee. One of the major questions raised by this proposed amendment for public entities is whether they are included under the language "in the course of business." The only guidance that has been provided is by the proponent of the measure, Craig Eley, who in his testimony before the state Title Setting Board indicated that in some circumstances public entities would be included and in some circumstances they would not. Mr. Eley stated that it would be up to the courts to determine on a case by case basis whether a public entity would be included. A second major question is whether this measure will create double jeopardy for employers or lead to the repeal of workers' compensation in Colorado. Will an employee have access to the administrative remedies set forth in the worker's compensation act, and also be able to bring suit for on the job injuries, or select the form of relief? It is not clear from the amendment exactly what recourse an employee may have and what liability employees and employers may have. ARGi]~,ruW i ~ FOR J The proposal provides an incentive for employers to place additional emphasis on workplace safety. OSHA does not have adequate inspection teams to do routine inspections of most workplaces and therefore emgloyers are left to police themselves. This measure will penalize employers who do not take proactive steps to maintain a safe workplace. - • 't M J The proposal may lead to fewer workplace injuries, thereby reducing insurance premiums. In addition, fewer injuries means increased productivity in the workplace and better moral for employees overall. J This amendment will allow cases to be decided on the particular circumstances of the accident and the individual involved. The present administrative system provides benefits based on a rigid benefit schedule which does not take into account the particular needs of the injured worker. ARG(JI~N'PS AGAIZIST J The State has projected the cost of this measure to local governments to range from S139 million to 5266 million anctually. These estimates are based on: increased individual injury awards made by the courts, increased number of awards from administrative and court ordered remedies, and increased legal and administrative costs. These higher costs will lead to larger premiums, or in the case of self insured entities, a direct increase in the cost of operating local governments. The imgacts on private business will be equally severe and further impacting the revenues of cities and towns. Municipalities and other local governments will find it difficult to guarantee that certain of their employees such as police, fire, emergency response, corrections and medical personnel) can be provided a safe work environment under the requirements of the measure. J Were this measure to pass, there is a good chance that legislative action would follow that could either make the workers' compensation system optional on the part of employers or repeal the system altogether. Repeal of the system would mean that workers may have to sue to receive any benefits. Relying upon court action would mean, at minimum, a delay in medical and other critical benefits to workers. J This proposal is unnecessary because incentives already exist in the system for employers to maintain safe workplaces. In 1989, the state created a safety certification program. The program provides for a five to ten percent premium discount for employers who implement certified safety programs for a minimum of one year. In addition, penalties for OSHA violations have increased seven-fold and penalties for violations of the worker's compensation act have increased from 5100 to S500 per day. J This amendment will cause a significant increase in litigation. This litigation will not only involve employees suing employers but also employers suing employees and employees suing employees. The amendment leaves "anyone" open to suit who may have contributed to "knowingly maintaining an unsafe work environment." This will return the handling of workplace injuries to the status that existed prior to enactment of the worker's compensation act in 1915. 2 r CNII, August 4 , 1992 AHETIDI~NT A Rights for Crime Victims StJt~(ARY (Actual Ballot Title) An amendment to Article II of the Colorado Constitution to provide that any person who is a victim of a criminal act, or such person's designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process. All terminology, including the term 'critical stages,' shall be defined by the general assembly. ANALYSIS This proposal would add crime victim's rights to the Bill of Rights in the Constitution. The legislature adopted HB92-1207 to implement this provision if it passes. The effect of the amendment on municipalities depends on how broadly key words such as "criminal act," "informed," "present," and "critical stages" are defined in the implementing legislation. As originally drafted, the implementing law would have required that victim's of all crimes have personal notice of all proceedings before the court and the incarceration process and have police protection for all appearances and to guarantee no harassment during the gendency of the proceedings. The financial cost of such a proposal on municipal courts and police departments would have been enormous. Therefore, Ct~ was successful in having the implementing law, as finally adopted, define "crime" as violent personal offenses which are a violation of state statute. The only exception is crimes which have an underlying factual basis. of domestic violence. The impact of this exception on municipal courts, if any, is not clear. "Critical stages" is limited to filing of charges, the preliminary hearing, bond, motion, disposition, sentencing, probation, and parole hearings, arraignments, trial, and post trial motions. Notice is to be given in written or oral foxzn in a timely manner, and the act does not allow the victim to sue any party for failing to comply with the law. The law "encourages" municipalities and municipal courts to comply with the requirements imposed on state courts. The effect of the law on municipalities will be indirect, through requirements imposed on police departments by district attorneys or state government to assist with the notification process. Of course, the implementing legislation can be changed by the legislature. ARGUl~N'P FOR J Victims of crimes feel disenfranchised by the criminal process and this proposal recognizes that they have been negatively affected by a crime and should be listened to and respected by law enforcement, prosecutors, the court, and personnel involved in incarceration and parole as the . perpetrator is prosecuted through the criminal justice system. ARGiJ~N'T AGAIIIST J The amendment imposes additional requirements and costs on the government agencies involved in the criminal justice system. ~ ~ CML August 4, 1992 Al:r.~~wl~NT ~ Cannabis Hemp Relegalization Act Sill4fARY (Actual Ballot Title) Amendments to the Colorado Constitution and Colorado statutes to relegalize hemp and cannabis; to prohibit any taxes on the sale, use consumption, handling, ar distribution of cannabis products at a rate greater than that applied to tobacco products; to prohibit defining any unlawful acts or imposing any penalties relating to cannabis more severe than those applied to fermented malt beverages; to prohibit the adoption of any law regarding the personal growth or use of cannabis or hemp (personal use is defined as 6 kilograms per person per year of cannabis or any amount of hemp); to amend various statutes regarding hemp and cannabis; to repeal portions of the controlled substances tax relating to marihuana; to repeal offenses related to marihuana; to create a tax on cannabis and cannabis products; and to create a Hemp Industry Development Act. ANALYSIS This proposal adopts a constitutional provision and amendments to various statutes which would legalize hemp and cannabis. There are numerous provisions, including retroactively eliminating any criminal .record of convictions for marihuana, hemp or cannabis violations, removing all restrictions on hemp (hemp is the entire plant, cannabis is the flowering bud of the plant), classifying cannabis as an over the counter drug, amending statutes to provide that nobody shall be prosecuted, denied any right or privilege, or be subject to criminal or civil penalties for the cultivation, transportation, or distribution of hemp or industrial hemp products. The statutory provisions do allow for the regulation of cannabis in several ways, including that existing smoking restrictions would apply to smoking cannabis, that cannabis cannot be used by anyone under eighteen, and that you can test for impairment by use of cannabis, but only by physical behavior tests used to judge alcohol intoxication, not body fluid tests. All of these limitations on the use of hemp, however, are prohibited by the proposal. The statutes also require the Governor, Legislature and Attorney General to challenge any federal cannabis laws which conflict with the Act and prohibit the use of state funds or personnel to assist enforcement of federal cannabis laws. ARGUI~NT E'OR J It eliminates the expense of enforcing existing Laws against cannabis and hemp which some people think are not any more of a drug than alcohol or tobacco. ARGUl~NT AGAINST J The amendment may be construed to override Iocal and state authority in several areas, including smoking restrictions, driving while impaired or intoxicated laws, and zoning controls because both the constitutional provision and statutory amendments grohibit any regulation of the growth, consumption or other use of hemp for personal use. Personal use is defined as any amount of hemp and six kilograms of cannabis per year. I ~ i CML August 4, 1992 AMENDMENT #2 No Special Rights SUHMARY (Actual Hallot Text) An amendment to the Colorado Constitution to provide no protected status based on homosexual, lesbian, or bisexual orientation. Neither the state of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian, or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of, or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This section of the Constitution shall be in all respects self-executing. ANALYSIS This progosal would prevent the state, or any of its agencies, political subdivisions, municipalities, and school districts, from adopting or enforcing any law or policy which entitles a person upon the basis of their sexual orientation, conduct, practices, or relationships to claim discrimination, protected status, minority status, or quota preferences based on sexual orientation. The amendment would repeal aII existing anti-discrimination ordinances (including those adopted in Aspen, Boulder, and Denver), laws, regulations, and policies (including Gov. Romer's Executive Order) and would prohibit any future anti-discrimination laws. ARGUHENT FOR J Individuals with different sexual orientations should not be entitled to civil rights type protections and do not require protected status because they have recourse under existing criminal laws against physical assault, and libelous or slanderous verbal abuse. ARGUMENT AGAINST J The amendment attacks home rule autonomy and imposes a mandate on local governments by intruding into the traditional powers of local governments. ~ L + CML August 4, 1992 AMENAMENT B Repeal of Obsolete Provisions SUHMARY This amendment repeals various obsolete provisions of the Colorado Constitution. The only portion of the amendment that may present an issue of concern to municipal officials amends Section 15{1)(d) of Article XII, concerning veterans preferences, as follows (language to be repealed show struck through; new language in uppercase): (1)(d) Five points shall be added to the passing grade of any candidate of each such examination, except any promotional examination who is the uazr,~~.i~a~ ~ti.d.a~. SURVIVING SPOUSE of any person who was or would have been entitled to additional points under paragraph (b} or (c) of this subsection (1) or of any person who died during such service or as a result of service-connected cause while on active duty in any such branch, other than for training purposes. ANALYSIS The veterans preference section of the Colorado Constitution applies to the personnel system of the state as well as "any comparable civil service or merit system of any political subdivision of the state, including any municipality chartered or to be chartered under Article XX [the home rule amendment] of this Constitution." Article XII, Section 15 (1)(a). The League is not knowledgeable as to the number of municipalities that have personnel systems "comparable" to the state. For those municipalities that do have "comparable" systems, this amendment, on its face appears to broaden the existing section by extending the veterans preference to surviving widowers. Staff has not investigated whether, under either case law or common gractice, the preference is already extended to widowers. Obviously, to the extent that this is already the case, the amendment is not of substantive importance to Colorado municipalities. .w. CML August 4, 1992 AHENDHENT ~ Election Reform Amendment SUHHARY The Election Reform Amendment, or "ERA" is a wide ranging proposal that contains provisions addressing subjects well beyond mere "election reform." It is proposed by tax-reformer Aouglas Bruce, and a summary of its provisions is set forth below. This measure has been ruled not qualified for the ballot by virtue of petition signature invalidation by the Secretary of State. However, there is a possibility that this measure could secure a place on the ballot if Bruce successfully challenges the Secretary of State's actions in Court. A. General Provisions J Amendment would add a new Section 2 to Article VII of the Colorado Constitution. This new section would take effect December 31, 1992 unless otherwise provided. The amendment's "preferred interpretation shall reasonably strengthen citizen control of government the most." J Amendment provides that "individual, class action, or district enforcement suits may be filed within three years of a violation. Successful parties are allowed costs and reasonable attorneys fees, but a defendant district [defined as the state or any local government] is not unless a suit is ruled frivolous." B. Reapportionment Reforms J Eor all post-1998 reapportionments, Colorado state Senate shall have 33 (rather than the present 35) members and the House of Representatives shall have 66 (rather than the present 65) members; each Senate district shall consist of two adjoining House districts, that is, House districts will be "nested" within a Senate district. C. Term Limits J Unless a jurisdiction's voters set different limits or no limit, no elected official' may serve more than two consecutive terms in office beginning with a term commencing after November 2, 1992. 'This provision does not affect terms for state and federal offices that were limited by the term limitation amendment adopted by Colorado voters in 1990. J Terms of office for elected officials beginning after 1994 shall not exceed four years. ~ " r r D. Pay Increases J Unless approved by voters, compensation increases adopted after 1988 will end no later than the current term of office. Thereafter, any compensation increase is limited to inflation unless by voter approval ("inflation" is defined in the amendment as the Denver- Boulder-CPI). J Any form of compensation to an elected official that is partly or fully exempt from state or federal income taxes shall end in 1994. E. Income Tax Credit for Campaign Contributions by "Natural Persons" J New local, state or federal campaign committees may declare to the state or local election official at their first filing a commitment to accept donations only from natural persons. Thereafter, any unmarried natural person or married people filing a joint federal income tax return is entitled to a state income tax credit in the amount of his or her aggregate contribution to all eligible committees or $100, whichever is less. For married natural persons filing separately the upper limit is $50. F. "Organizations of Governments"; Limitation on Providing Information Concerning, or Participating in Campaigns with Respect to, Ballot Issues J Prohibits the state or local governments from belonging or giving public money, directly or indirectly to any "organization of governments" that after January 1, 1992 "directly or indirectly" uses its name, or uses state employee time, facilities, materials, credit or other resources with a total retail value of S25 to support or oppose, or create or distribute information on, a ballot issue. G. Limitation on Public Officials' and Employees' Discussion, Analysis or Other Activity with Respect to Ballot Issues J No official or employee shall "request, authorize, aid or engage in the use of district paid employee time, facilities, materials, credit or other resources with a total retail value over S25 to create or distribute literature or report, even if now authorized by law, that directly or indirectly discusses a ballot issue." J No official or employee shall facilitate or engage in any discussion of a ballot issue with, or distribute any ballot issue literature to, any student through grade 12 2 while on school property during a period beginning one hour prior to and concluding one hour after school hours. J No elected official shall vote for a resolution or statement "commenting directly or indirectly on any ballot issue." J No elected official shall mail to constituents during any i2 month period more than 250 unsolicited pamphlets, surveys, or letters "that refer to any political beliefs or actions" or solicit political support. Replies to constituents are exempt from this prohibition. J Penalties: Officials or employees who knowingly violate the prohibitions of this section of the amendment shall be "personally liable," per person and per incident to the government general fund and to each opposing ballot issue campaign committee, and to each cumulatively, for 51,000 plus any actual district costs. "Direct or indirect" repayment or legal representation with government funds is prohibited. All penalties are mandatory and not subject to suspension. Obeying a supervisor or elected official is no defense. J Exceptions: Government funds or resources may be used: for replies to constituent inquiries that grovide "factual data" on government operations, so long as such replies contains no "direct or indirect comment on a ballot issue"; to administer the petition and election process with all required notices; for acts that incidentally identify ballot issues in the course of district duties; and to provide use of public facilities for campaign meetings, if facilities are made equally available to all sides. H. Provisions Relating to the Petition Process J The right to petition peaceably on government owned property in an area open to the general public shall not be infringed. J Initiative, referendum and recall are made available in all districts [defined as including "all local governments"] as to district matters. (Currently, initiative and referenda are available only to electors statewide and in municipalities.) J Signature requirements for initiative and referenda, as well as statewide recall petitions, shall equal five percent of the number of votes cast for all candidates for secretary of state in the jurisdiction in the last election; for local recalls the signature requirement is 3 . f 10 percent of the votes cast for all candidates for secretary of state within the jurisdiction. (This signature requirement would supersede the authority of local governments in Article V, Section 1(9) of the Colorado Constitution to require not more than 10 percent of registered electors to sign a referendum petition and not more than 15 percent to propose a measure by an initiative. As to recall of for municipal or state officers, this signature requirement constitutes a significant change. The current signature requirement for such officers' recall is a number equal to 25 percent of the number of votes cast in the last preceding election for all candidates for the office which the incumbent sought to be recalled occupies.) J No elected official shall undergo more than one recall election per term and no campaign reimbursement is permitted. J Petitions filed after a pre-election deadline will be voted on in the next election following that election. J The proposal provides that title setting boards for initiative proposals will be open to public participation and available at least every 10 days, but with five days public notice, petitioners may have their ballot title set by any district court. No summary or statement of financial impact shall be contained in any petition. J Governments shall print and deliver (at taxpayer expense} petitions in a number providing signature lines for at least twice the minimum required signatures within 10 days after final title setting. J Petition circulators may cross out invalid petition signatures that do not taint valid ones (this is provided. in present law). Various other technical signature requirements are expressly disallowed (such as, for example, zip codes, apartment numbers and color of ink). J Petition sections containing at least 25 percent of the minimum number of signatures required may be stored in stages with the election officer until ultimately filed. J A procedure to protest petition signatures is set forth in some detail. Protestors have the burden of providing signature invalidity by clear and convincing evidence. Absent a protest, signatures may be found invalid only within the ten days after the petition is filed and only if the signatures are "invalid on their face." Appeals of any finding in a signature protest will be to the 4 district court; trial by jury is required unless waived. J A "cure" period in which petition propanents may gather additional signatures to replace those invalidated by protest or otherwise, is provided, and petition proponents have up to 15 days to gather additional signatures. (A cure period in the State's initiative and referendum statute was eliminated in 1989 legislation and restored through 2992 legislation.) J Post-1988 changes in the state petition law (Article 40 of Title 1) made without voter approval are repealed. State laws repealed by those enactments are restored to the extent consistent with the amendment. Any future state or local petition law changes will require voter approval. J Past or future voter-approved initiatives may be amended only by the voters. ANALYSIS The provision prohibiting local governments from belonging to or giving public money to organizations of governments that participate in political campaigns raises substantial constitutional and policy questions concerning freedom of association, retroactivity and first amendment rights of these entities to engage in political speech. The sections of this amendment which prohibit even internal analysis by a local government of pending ballot proposals could cripple the ability of those vested with the public trust to engage in responsible planning. The requirement that initiative, referendum and recall petitions be printed upon demand at public expense for anyone who requests them could result in significant cost to local governments. Restrictions on government review and other initiative requirements generally favor proponents and place greater burdens on initiative opponents. This measure reflects the proponents' view that government officials are paid too much, spend too much time in office and are not sufficiently controlled by the citizens they are elected to serve. "Citizen control" of government is sought by assuring more turnover among elected officials and less governmental involvement in the election process. The proponents' believe that the initiative process has been made too complex by unnecessary requirements imposed upon proponents and petition circulators by government insiders. The measure further reflects the proponents view that, as servant of the people, government has no appropriate. role in any election other than actual administration of the election and dispensation of objective information. 5 s ARGUMENTS FOR J The right to initiative is one of the most important rights retained in the Constitution by citizens of the state of Colorado. This process represents the most direct form of democracy and should not be complicated or impaired by various procedural and technical requirements imposed by government insiders. This amendment assures greater access by ordinary citizens to this fundamental right. J Government is the servant of the people and should be limited to executing the peoples' will. No government involvement in the substantive issues of an election is appropriate. This amendment assures that government will simply administer the elections by which the citizens provide direction and office holders to their government. ARGUMENTS AGAINST J Recent dramatic increases in the number of issues reaching the ballot by petition prove that the initiative process is already very accessible to Colorado citizens. This proposal would make the process even more accessible and take the initiative process away from its original role as an extraordinary device available for occasional use by the people as a check on their republican form of government. Representative government is designed to assure that a balanced, considered approach to problem solving and prioritization of government resources is brought to bear on a problem. Government by initiative involves no such balancing of priorities and tends to be reactive rather than proactive. J Repeal of statutory safeguards on the initiative petition process in combination with various provision of this amendment will place an un due burden on opponents of a particular initiative that may not have secured sufficient valid signatures. J The term limitation and compensation restrictions will exacerbate the difficulty local governments are already facing in securing citizens willing to serve as elected officials. 6 CML August 4, 1992 AHENDHENT C Local Authorization For Limited Gaming SUHHARY Amends the Colorado Constitution by providing that in any city, town, or unincorporated portion of a county which has been granted the constitutional authority on or after November 3, 1992 for limited gaming within its boundaries, this activity is unlawful unless first approved by a vote of the electorate within the affected entity. The question must first be submitted at a general, regular, or special election within 13 months after the effective date of any constitutional amendment which adds a municipality or county to the list of areas authorized to have limited gaming. If local approval is not acquired when submitted to the voters, a period of four years must elapse before the question can again be submitted. Directs the phrasing of the question. Specifies that any Land or building owned by a municipality or county also is covered by the amendment's provisions. Clarifies that the amendment does not cover limited gaming activity in the Cities of Black Hawk, Central City, or Cripple Creek and on any Indian reservation. Also, adds a new Sec. 10 to Art. XVIII regarding the severability of constitutional provisions. ANALYSIS The essence of the measure requires local approval for any limited gaming activity, starting with the proposals which are anticipated for November. Approval for extending limited gaming is now accomplished by statewide vote through a constitutional amendment. No local vote is currently required unless specified in the constitutional amendment which authorizes limited gaming. The League supported this measure as SCR 3 during the 1992 legislative session. ARGUHENT FOR J The impact of limited gaming in a community is of such importance that the question of expansion should be determined by a local vote of the electorate. ARGUHENT AGAINST J If statewide voters approve limited gaming, there is no need or justification for a local vote. CML August 4, 1992 AMENDt~N'P ~ Colorado Win Committee SUIyMARY Amends the Colorado Constitution by authorizing on and after May 1, 1993 slot machines in all public airports, and limited gaming in the City of Manitou Springs and the Town of Fairplay. Reduces the allowable tax on limited gaming proceeds from forty percent to ten percent. Limits state license fees or taxes on any limited gaming device or table to $25 annually. Adds keno, roulette, and craps to the authorized list of limited gaming activities. Defines public airport to include any land area and facilities owned by any public entity, including any area where a hotel, parking, dining, or recreational site may be located. Limits the type of slot machine activity which can take place in a public airport. Grants to the public entity overseeing an airport the power to authorize slot machines. Imposes limited gaming in Manitou Springs and Fairplay without a local vote. Specifies the manner in which limited gaming is to operate in these two municipalities. Establishes two funds for the distribution of revenue. Revenue from slot machines in public airports goes to school finance, directly back to the entity authorizing airport slot machines, and to the state for the oversight of this activity. Revenue from limited gaming in Manitou Springs and Fairplay goes to the state general fund, mined land reclamation and water pollution abatement, directly back to the two municipalities, certain special districts and school districts within the two municipalities, and to E1 Paso County and Park County for various purposes. ANALYSIS The essence of this measure would be to expand the types and location of limited gaming activity. The proceeds are earmarked for a variety of a state and local government purposes. While public entities operating airports appear to have the discretion to approve or disapprove slot machines, there is no such authority for either the governing bodies or voters Manitou Springs and Fairplay to reject limited gaming. Elections in both communities were held in 1991 disagproving limited gaming. ARGUt;~..~ ~ FOR J Public airports provide a natural location very suitable for slot machines and can raise additional revenue for schools and related property tax relief, and for local governments which have airports. ARG{Jt~l'P AGAINST J The citizens of Manitou Springs and Fairplayhave indicated that they do not want limited gaming within their municipal areas. There is no Local option vote in this amendment. Also, the initiative would reduce limited gaming revenues available to the state and local governments in communities already having limited gaming. CML August 4, 1992 AHENDHENT # Lobo Limited Gaming SUHMARY Amends the Colorado Constitution by authorizing limited gaming within certain sections of the Central Platte River Valley area of lower downtown Denver. Limited gaming would be subject to all current limited gaming restrictions and regulations, including the maximum allowable state tax of up to forty percent of adjusted gross proceeds on limited gaming within the designated area of Denver. Distributes the state tax revenues from such activity to the state general fund, to the general fund of Adams, Arapahoe, Boulder, Denver, Douglas, and Jefferson Counties, and to the general fund of the municipalities within those six counties. Imposes a five percent local surtax on the adjusted gross proceeds of the newly authorized gaming activity paid to the Denver general fund. Imposes a pro-rated real estate transfer tax on real property transfers within the area designated far limited gaming (the amendment does not specify how this revenue is collected or distributed}. Prohibits future expansion of limited gaming within Adams, Arapahoe, Boulder, Denver, Douglas, and Jefferson Counties. ANALYSIS The measure would simply expand limited gaming activity into a designated area of Denver (somewhat adjacent to the proposed new baseball stadium}. It would not allow for a local option vote. ARGUMENT FOR J The area designated is a prime location for limited gaming activity, given the groposed commercial, retail, and entertainment activity planned over the next several years. This will generate additional revenue for the local governments in the six county Denver metropolitan area. It will also help Denver with a direct distribution of limited gaming revenue. ARGUMENT AGAINST J The measure has no local option vote far the residents of Denver, and the expansion of limited gaming in this manner is not in the best interests of the state or its local governments. ~ - l . Cr(L August 4, 1992 AHENDHENT ~ Limited Gaming In Grand County SUHHARY Amends the Colorado Constitution authorizing limited gaming within certain gortions of the Inn at Silver Creek within unincorporated Grand County, and an area within the Town of Granby known as Indian Headows Golf Course and Subdivision. Prohibits future limited gaming expansion except through the initiative process. Allows, but does not require, the state Limited Gaming Commission to approve any additional casino games and a maximum wager in excess of five dollars in this and other areas of the state where limited gaming is operating. Rllows limited gaming activity anywhere in the state to occur in establishments licensed to sell alcoholic beverages. Distributes limited gaming revenue from the areas designated in the amendment to: the state general fund for K-12 education; the general funds of Grand County and the Town of Granby; the nongame and endangered wildlife cash fund administered by the state Division of Wildlife; and the Denver Scientific and Cultural Facilities District ANALYSIS This measure extends limited gaming to private developments located within Grand County and the Town of Granby with no local option vote. The proposal would distribute out the money from this limited gaming activity to several different funds. ARGUMENT FOR J The proposal would generate some necessary funds for cultural facilities in the Denver metropolitan area, and the venue in Grand County is an excellent location in order to generate additional limited gaming revenue from tourists. ARGUHENT AGAINST J This measure does not allow for a local option vote, and expands limited gaming activity which may not be in the best interests of the state or local government. CML August 4, 1992 AMENDMENT ~4 Dollars For Education-Gateway Group SUHHARY Amends the Colorado Constitution to authorize, subject to a local vote, limited gaming as of October 1, 1993 in the following cities and towns: Burlington, Evans, Lamar, Las Animas, Sterling, Antonito, Garden City, Granada, Holly, Julesburg, Ovid, Milliken, Peetz, and Sedgwick, and the counties of Logan, Prowers, and Sedgwick. -Specifies that a special election must be set by the entity between thirty and ninety days after the election has been called, and in every case the election must be held no later than March 1, 1993. Specifies how the election is to be held. Directs where limited gaming may occur within a municipality or county. Exgands the type of gaming activity to include big 6" wheels. Distributes the revenue from this measure in Bart to school finance, and in part directly back to the counties and municipalities where limited gaming is authorized and approved in this amendment. However, the way the language is structured it also redirects a portion of gaming revenue coming from activity in Central City, Black Hawk, and Cripple Creek from the state's general fund to school finance. ANALYSIS The essence of the measure allows for limited gaming in a variety of communities around the state, contingent upon a Iocal vote. The proceeds are earmarked for school finance essentially, though it is unclear how much revenue will be generated by this measure. Because of the way the language is written affecting the current limited gaming revenue stream to the state's general fund, there could be a loss to the general fund. ARGUHENT FOR J This allows limited gaming within the boundaries of additional governments, subject to a local vote in the affected jurisdictions prior to limited gaming taking place. It distributes the revenue essentially to school finance which could result in potential property tax relief. ARGUHENT AGAINST J This measure would expand limited gaming into new types of games, and to a greater number of areas in the state; an activity which should be discouraged as not•being in the best interests of the state or local government. CML August 4, 1992 AMENDMENT ~ Great Outdoors Colorado SUMHARY Amends the Colorado Constitution {with a new Art. XXVII) by creating a "Great Outdoors Colorado" program (GOC), which phases in starting July 1, 1993 for the permanent dedication of all the net proceeds from every state-supervised lottery game for various wildlife, trails, parks, recreation, open space, and recreational water programs at the state and local government level. Two major revenue streams are created. First, the current direct distribution of lottery funds would continue to the state Division of Parks and Outdoor Recreation and to local governments through the Conservation Trust Fund. Second, there would be a total phase- out of lottery funds accruing to the state Capitol Construction Fund by 1998. This revenue would be re-directed to a special GOC trust fund that would receive up to S35 million, with any spillover going to the state's General Fund. It would be administered by a fifteen member Board appointed by the Governor and confirmed by the State Senate. The Board would not generally be subject to any order or resolution of the General Assembly regarding its organization, powers, revenues, and expenses. The Board's membership would consist of two members from each of the state's six congressional districts, a representative of the state Parks Board, a representative the state Wildlife Commission, and the Executive Director of the state Department of Natural Resources. The Board has various powers to expend the fund on a variety of state wildlife and state parks projects. In addition, the Board has the authority to make grants to units of local government and private entities for a variety of ogen space and natural area acquisitions. The amendment directs the legislature not to substitute lottery funds for other funds that would otherwise be appropriated for programs in the state Department of Natural Resources. The amendment generally prohibits any interference with state water law, and prohibits any state agency from using GOC money for condemnation to acquire real property. The amendment also requires any state agency using GOC money to be subject to payments in lieu of taxes to counties where property acquisitions are made. The compensation cannot exceed the taxation rate for comparable property classifications. ANALYSTS Here is a brief history of the Colorado lottery, and the League's. involvement with it. J CML supported in the 1970's establishment of a state sweepstakes with the proceeds earmarked for-local parks and recreational programs. After the Colorado 'Supreme Court ; . ~ [ invalidated the state sweepstakes law, the League worked with the legislature in 1979 to get a state-supervised lottery measure sent to the ballot as a constitutional amendment. J In 1980, a lottery amendment was adopted by the voters which allocated the net proceeds to counties and municipalities for parks, recreation, and open space programs, "unless otherwise provided by law." J In 1982, the legislature passed the enabling law implementing the amendment, and directed that only fifty percent of the net proceeds go to state and local parks, recreation, and open space programs, and the other fifty percent would go to the state Capitol Construction Fund for capitol improvement projects in state government. J In 1988, the legislature established a new game, called "lotto," and rewrote the distribution formula to ensure that a greater amount of all lottery revenue initially would go to the construction of various state correctional facilities. The League strongly supported the initial lottery amendment; helped extensively to draft and lobby the enabling legislation in 1982; developed the new distribution formula in 1988 with members of the legislative leadership; and helped to override Governor Romer's veto of that legislation. Between 1983 and 1992, 5432.1 million has been generated in net proceeds from the lottery: fifty seven percent {5246.1 million) has gone to the state Capitol Construction Fund (i.e., Denver-Colorado Convention Center land purchase, Limon State Prison, various higher educational facilities throughout the state, Grand Junction State Office Building); thirty four percent to the state Conservation Trust Fund (5147.3 million for a variety of municipal, county, and special district programs and facilities); and nine percent to the state Division of Parks and Outdoor Recreation (S38.7 million for such projects as Roxb.orough acquisitions, Castlewood Canyon developments, and Cherry Creek renovations). Under the system now in place, on an annualized basis between 1993 and 1998 we estimate the Conservation Trust Fund distribution to local governments will range between 518 and 524 million for local government recipients. Under the provisions of the GOC amendment, this cannot be changed by the legislature for other purposes (i.e., the "slots for tots" 1992 proposal). A Legislative Council staff analysis of the GOC proposal indicates that between 1994 and 2004, over S217.5 million will be generated for the GOC trust fund. Grant revenue from this fund will be available to municipalities for trails development and open space acquisitions. 2 . ~ Finally, outstanding bonds using lottery revenue for various state projects are generally protected until these certificates of participation are paid off. ARGUMENTS FOR J The original intent of the lottery was to have all of the proceeds from lottery games earmarked for parks and ogen space. This amendment merely gets back to this initial intent. J Local governments will be guaranteed a continuous stream of direct distribution revenue without further legislative inroads (i.e., "slots for tots") that reduce the local share in order to fund state capitol construction projects, plus access to an additional amount of revenue in the form of grants for trails and open space development. ARGUMENTS AGAINST J A major hole will be created in the state capital construction budget; it is over S217 million for a ten year period starting in 1994 according to the staff of the legislature's Capital Development Committee. In order to address this revenue loss, state aid to municipalities may be cut or additional state costs to local governments {i.e., cash funding) may be imposed. J The League and municipal officials accepted the changes made by the legislature to the formula over time, and should not change course in this regard. 3 CML August 4, 1992 AMENDMENT # Colorado Children First Act of 1992 BALLOT TITLE AND SUBMISSION CLAUSE . The ballot title and submission clause read as follows: SHALL THERE BE AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SYSTEt4 OF EDUCATIONAL STANDARDS AND ASSESSMENTS FOR PUBLIC SCHOOLS; TO REQUIRE SCHOOL DISTRICTS TO DEVELOP STRATEGIC ACTION PLANS TO ENABLE ACHIEVEMENT OF SUCH STANDARDS; TO REQUIRE CERTIFIED DIPLOMAS FOR GRADUATES WHO MEET CERTAIN STANDARDS AND REMEDIAL INSTRUCTION FOR THOSE THAT DO NOT; TO REQUIRED SHARED DECISION MAKING AT THE SCHOOL BUILDING; TO REQUIRE THAT EARLY CHILDHOOD EDUCATION BE PROVIDED TO CERTAIN CHILDREN; TO MANDATE PERIODIC ADMINISTRATIVE AUDITS OF SCHOOL DISTRICTS AND ANNUAL SCHOOL DISTRICT REPORTS; TO PROVIDE MONETARY GRANTS TO SCHOOL DISTRICTS; TO INCREASE THE 3°s RATE OF STATE SALES AND USE TAX TO 4°s TO PROVIDE INCREASED STATE REVENUES FROM THE ADDITIONAL 1% TO BE APPLIED SOLELY TO FUND PUBLIC SCHOOLS; TO SPECIFY A MINIMUM AMOUNT AS THE STATE SHARE OF EQUALIZATION PROGRAM FUNDING; TO REPEAL AND SUPERSEDE ANY CONFLICTING LAWS AND TO SUPERSEDE ANY E%ISTING STATUTORY TAX LIMITATIONS; AND TO RECREATE THE COLORADO ACHIEVEMENT "COACH" COMMISSION? SUMMARY An initiated state statute which would raise the state sales and use tax rate beginning December 1, 1992 from three percent to four percent and permanently dedicate this revenue stream to K-12 school finance. Exempts this rate increase from the existing state- municipal-county combined statutory seven percent sales and use tax ' rate limitation. Establishes a series of school finance reforms including, but not limited to: a system of content and performance standards developed by a reconstituted Colorado Commission for Achievement in Education (COACH); requiring the 176 school districts to adopt and implement high content standards or face an accreditation loss and to provide a certified diploma; providing after July 1, 1994 early childhood education for at-risk four-year- olds; requiring each school district to develop a strategic action plan, the features of which are detailed in the initiated statute; requiring school districts, to subject themselves to administrative audits and provide specific financial reports to the public; directing the Colorado Commission on Higher Education (CCHE) to implement and promote the restructuring of teacher education; establishing a "school innovation and incentive fund" of not less than S50 million and administered by COACH to assist school districts in implementing various provisions of the measure; and establishing school personnel compensation sched.ui~es that base pay on performance in addition to longevity starting in'FY 1993-1994. ANALYSIS The measure will raise approximately 5320 million annually, permanently dedicated to both the School Finance Act and educational reforms generally implemented by either the state Soard of Education, CCHE, COACH, or individual school districts. This is an initiated proposal headed by Gov. Roy Romer and representatives of the school community. There are at least three aspects to the measure from a policy perspective: 1. The issue of education reform is a hotly debated item. Many of the ideas embodied in the measure have been reviewed by the legislature. Some are in fact in place among several school districts around the state. Debate exists as to whether the delineated reforms will significantly improve public education. There is also a legal question as to whether certain of the reforms in this proposed state statute delve into school curriculum and other local school district responsibilities in a manner which violates Sec. 15 of Art. IX of the Colorado Constitution granting school districts "control of instruction." 2. There is debate as to how much revenue the 176 school districts can or should anticipate in FY 1993-1994 and beyond under the state's School Finance Act, most recently revised in 1988. Current thinking on this issue comes from the staff of the legislature's Joint Budget Committee {JBC). For FY 1992- 1993, the state will be contributing nearly 51.28 billion toward the 52.43 billion total cost of the school finance program, with the rest coming from local property taxes. For FY 1993-1994, the total state and local funding for schools under the formula is to increase by 550.8 million to nearly S2.48 billion. However, with various budget transfers used in FY 1992-1993 which may not be available in FY 1993-1994, the legislature needs to find an estimated 5275.9 million in "new" general fund money to cover the 51.37 billion state share of. that 52.48 billion. It is also noteworthy to point out that since the 1988 revisions, annual per pupil spending on education statewide has grown by about 17~, f rom 53,650 to 54,267. Some have observed that the current school finance dilemma has emerged from concurrent problems such as: a. The inability or unwillingness of the legislature to increase appropriations at a pace promised to the 176 school districts since 1988 ~{federal Medicaid mandates imposed upon the state.have had a lot to do with this). b. The tendency of many school districts to bargain costly,. multi-year employee contracts (80°s of education costs at . the K-12 level were for personnel in FY 1990, according to the state Department of Education.)... 2 c. Increasing school enrollments that are expected to rise by over 16,000 students between this year and next. 3. The tax policy aspects of the measure (the area of most direct municipal impact} need to be examined since the measure raises the state's sales and use tax rate by 33~ (going from 3o to 4°s}. The combined state-local sales tax rate in Colorado is among the highest already in the nation. Denver's combined rate would become the second highest in the country among the 49 largest cities. Elsewhere in Colorado, one municipality is already at a state-local rate of 90; 16 have a combined rate of 8°s; 72 have a combined rate of at least 7~ but less than 8 per cent; and 69 have a combined rate of at least 6~ but less than 7°s. Increasing the state's sales tax rate will hurt the over 200 municipalities and counties which rely on the sales tax locally. An additional sales tax rate increase will impact Colorado businesses by increasing the cost of purchases (especially big-ticket items} and further encouraging mail order shopping or other out-of-state purchases. A high state- local sales tax rate coupled with existing lodgers' taxes will discourage convention and tourist business. An additional sales tax increase will particularly hurt low and moderate income individuals and those persons on fixed incomes. The income tax is a fairer tax because it is more progressive, hitting the ability to pay more equitably. Sales taxes are no longer deductible from the federal income tax; in contrast, state income taxes are deductible. Loss of the deductibility for sales taxes, in contrast to income taxes, has been estimated to cost state taxpayers approximately S50 million annually in federal tax deductions. Since the state's sales tax vendor fee of 3.3°s (which is an allowance to merchants for collecting the state sales tax} was not adjusted to avoid businesses receiving more revenue for the same amount of collection effort, 3.30 of the increased tax revenues, or more than 510 million, will be lost to the public sector and otherwise not available to public education. Finally, the competition between retail centers may increase regarding the rate of the sale tax in one center versus another, thereby exacerbating the problem of "tax islands" for municipalities and counties. ARGUMENTS FOR J The School Finance Act needs to be fully funded, with adequate reforms cougled to the additional revenue. This initiated statute accomplishes both of these goals. J Failure to increase state taxes now.to fund .the School Finance Act will increase state budget pressure to reduce existing state aid to municipalities and to otherwise Bass on state costs to local governments. 3 e ~ . ARGUMENTS AGAINST J Increasing the state sales and use ta:~ is bad tax policy (the sales tax unfairly hurts municipalities, counties, business interests, and the poor, and preferred public policy calls for reducing future expectations of schools for funding, or utilizing increased state revenues other than the sales and use tax. J Increasing state sales and use taxes will reduce existing local sales and use tax revenues because an increased state and local tax rate will encourage mail order and other out-of- state sales and discourage economic activity in cities and towns. The state sales tax rate increase will also make it more difficult, or impossible, for local sales rates to be increased in the future to address Local needs. 4 ~ ~ CML August 4, 1992 AMENDMENT #1 TA%PAYERS' BILL OF RIGHTS (Bruce) INTRODUCTION Amendment #1, sometimes referred to as TABOR, is Douglas Bruce's third attempt to impose constitutional limits on state and local government taxes and spending. In general, the measure prohibits, without voter approval, 1) increases in taxes, 2) increases in spending beyond increases in the Consumer Price Index plus growth, 3) increases in revenues beyond the allowable increases in spending, and 4) incurrence of debt and other multi-year financial obligations. One of its most far reaching changes from the 1988 and 1990 measures is the addition of an expenditure limit applicable to local governments. Printed below is a summary of the measure. BALLOT TITLE AND SUBMISSION CLAUSE The ballot title and submission clause read as follows: SHALL THERE BE AN AMENDMENT TO THE COLORADO CONSTITUTION TO REQUIRE VOTER APPROVAL FOR CERTAIN STATE AND LOCAL GOVERNMENT TAX REVENUE INCREASES AND DEBT; TO RESTRICT PROPERTY, INCOME, AND OTHER TAXES; TO LIMIT THE RATE OF INCREASE IN STATE AND LOCAL GOVERNMENT SPENDING; TO ALLOW ADDITIONAL INITIATIVE AND REFERENDUM ELECTIONS; AND TO PROVIDE FOR THE MAILING OF INFORMATION TO REGISTERED VOTERS? SUMMARY Application J Effective December 31, 1992, except as otherwise stated, and applies to 1993 budgets. J Applies to the state and all local governments (referred to herein and in the initiative as "districts"). J Exempts "enterprises" which are defined as a) a government- owned business, b) authorized to issue its own revenue bonds, and c) receiving under 10~ of its annual revenue in grants from all Colorado state and local governments combined. J Supersedes all conflicting state and local limits, but other nonconflicting state and local limits remain unless amended or repealed by voters. Enforcement J Preferred interpretation is that which reasonably restrains most the growth of government.• - - J Provisions are self-executing, without need or perhaps authority for implementing legislation. J Enforcement is by individual or class action suits, with successful plaintiffs entitled to costs and reasonable attorney fees paid by district and successful district defendants precluded from recovering costs and attorney fees unless suit is frivolous. J Refunds by districts required for four full back years, with interest at 10s, on illegal revenues collected or kept or illegal expenditures made. J Districts allowed discretion, subject to judicial review, in manner of refunds, and refunds need not be proportional if impractical to make proportional. J Requires districts to refund revenues which exceed district revenues or spending estimates contained in election notices. Elections J Generally requires an election for all tax increases, revenue and spending beyond stated limits, and debt and other multi- year financial obligations. J Restricts local government election dates on financial ballot questions to state general election, biennial local district election, and the first Tuesday in November of odd-numbered years. J Except for petitions, bonded debt, or charter or constitutional provisions, allows districts to consolidate ballot issues and voters to approve a delay of up to four years on ballot issues, but district actions taken during such a delay may not extend beyond that period. J Requires districts to prepare and mail 15-25 days before an election notice of the election to all registered voters containing specified election caption, detailed financial and other information and estimates, and a summary of arguments for and against. Tax Limits J Effective November 4, 1992, generally requires any new tax, tax rate increase, mill levy above that for the prior year, valuation for assessment ratio increase for a property class, or extension of an expiring tax, or. a tax policy change directly causing a net tax revenue gain ~to any district to receive prior voter approval at an election. 2 J Effective November 4, 1992, generally requires any multigle- fiscal year direct or indirect debt or other financial obligation that does not have adequate cash reserves irrevocably set aside to pay off the obligation to receive prior voter approval at an election. Emeraencv Reserves J Requires districts to set aside a minimum emergency reserve of lg of its fiscal year spending, excluding bonded debt service, for 1993, 2~ for 1994, and 3~ for 1995 and subsequent years. Emeraencv Taxes J Allows governing body by a two-thirds favorable vote to impose temporary emergency taxes, if otherwise authorized and if not property taxes, to finance emergencies, subject to immediate repeal if rejected by voters at the next district election. J Excludes as emergency conditions justifying emergency taxes and expenditures, economic conditions, revenue shortfalls, and district salary or fringe benefit increases. Spending Limits J Generally limits annual increases in expenditures to prior year spending adjusted for changes in the Denver-Boulder Consumer Price Index plus growth, unless voters approve additional spending in the form of a revenue increase at an election. Exempts certain enumerated categories of revenue from the limit. (For state government purposes growth means the percentage change in state population in the prior calendar year. For local government purposes, growth means a net percentage change in actual value of all real property from construction of taxable real property improvements., minus destruction of similar improvements, and additions to, minus deletions from, taxable real property. For school district gurposes, growth means the percentage change in student enrollment.) General Revenue Limits J Generally provides that total annual revenues may not exceed total expenditures authorized pursuant to the spending limit formula. If total revenues exceed authorized expenditures, excess revenues must be refunded unless voters approve the excess revenues at an election. Proaerty Tax Revenue Limits J Generally limits annual local property tax revenue changes to inflation in the grior calendar year plus local' annual growth. 3 ~ Tax Policy Restrictions J Prohibits new or increased real estate transfer taxes. J Prohibits new state property taxes. J Prohibits local income taxes. J Prohibits income tax rate or definition changes from applying before the next tax year. J Prohibits graduated state income tax rates. J Allows districts to grant uniform exemptions and credits to businesses to reduce or repeal business personal property taxes. J Requires property tax valuation notices to be mailed annually and be subject to annual appeal. J Prohibits any presumption in favor of property valuation established by district. J Specifies certain criteria for valuatian of property for tax purposes. State Mandates J Except for K-12 public education and federal requirements, allows local districts on a phased schedule to reduce or end local subsidies for programs delegated to districts by the General Assembly for administration. ANAI,YS I S The measure will have very far reaching consequences for state and local government finances, services, and administration. It is comprehensive in scope, limiting taxes, revenues, spending, multi- year financial obligations, and elections. Its complexity, detail, and choice of words raise innumerable questions of interpretation and application. Its ultimate meaning will require extensive litigation. It is anticipated that the combination of tax, revenue, and spending limits will reduce the relative level of funding and services currently provided, unless voters repeatedly vote to exceed the limits. Accommodating growth and encouraging economic development will be mare difficult because of the spending and borrowing limitations and other restrictive provisions. The measure may lead to formation of new special districts, authorities, and perhaps municipalities ta~provide services which are desired by the public but which are unable to be provided by existing governments due to the financial constraints of the measure. 4 . s ARGUMENTS FOR J Passage of a constitutional limit on local government taxes and spending may be inevitable this year or in the near future . J Rejection of the measure this year could lead to even more restrictive limits and revenue rollbacks in the future. J Protections for local governments against state mandates are included. ARGUMENTS AGAINST J The measure constitutes an extreme limitation on state and local finances which will seriously impair government services, investment in infrastructure, and economic development activities. J The measure's complex, detailed, and ambiguous constitutional provisions will require extensive litigation to resolve, tie the hands of local government officials, and create administrative and compliance costs and other problems. J As a statewide constitutional limit, the measure destroys local control over municipal finances and ultimately the ability of municipalities to respond to the service needs of their citizens. 5 A ~ l CML August 4, 1992 AMENDMENT # TAgATION III (GAGS) INTRODUCTION Amendment # referred to as "Taxation III" and submitted by the Colorado Association of Commerce and Industry (CACI), is a proposed constitutional amendment limiting state and local government appropriations and spending. The measure generally limits annual increases in state and local government appropriations to increases in per capita statewide personal income plus adjustments for growth. Taxpayers in cities, towns, and counties are afforded discretion to impose alternative limits which may be more or less restrictive than the statewide limits. In the event that more than one measure limiting taxes or spending is approved at the November election, and in order to reduce the burden of constitutional conflict and litigation and avoid multiple limitations, the amendment provides that the measure receiving the most votes prevails and the other measure is null and void . Printed below is a general summary of the measure. Also attached is a comparison of the measure with the TABOR initiative sponsored by Douglas Bruce which will appear on the ballot as Amendment #1. BALLOT TITLE AND SUBMISSION CLAUSE The ballot title and submission clause read as follows: SHALL THERE BE AN AMENDMENT TO THE COLORADO CONSTITUTION TO LIMIT INCREASES IN STATE AND LOCAL GOVERNMENT APPROPRIATIONS; TO RESTRICT RESERVES OF GOVERNMENTAL REVENUES; TO ALLOW INITIATIVE AND REFERENDUM ELECTIONS FOR ALTERNATIVE LIMITS FOR CERTAIN LOCAL GOVERNMENTS; TO SPECIFY WHICH MEASURE PREVAILS IF VOTERS APPROVE MORE THAN ONE MEASURE AT THE 1992 GENERAL ELECTION LIMITING GOVERNMENTAL TA%ES, REVENUES, SPENDING, OR APPROPRIATIONS; AND TO PROHIBIT CERTAIN STATE MANDATES ON LOCAL GOVERNMENTS? SUHHARY Acolication J Effective for fiscal years 1993-94 and beyond for the state and school districts ,and. for calendar year 1994 and beyond for other local governments. J Applies to the. state and to all local governments. J Exempts "enterprise funds" as the same would be defined by state legislation. J Exempts home rule municipalities having a limitation on taxes or spending which has been approved by local voters until and unless the local limitation is repealed. l 1 J Contains "winner take all" clause providing that in the event more than one ballot measure limiting taxes or spending is approved by voters in November, the one receiving fewer votes shall be null and void. Enforcement J Preamble states purpose as reducing the burden of increased taxation and restraining the growth of government spending. J Requires the General Assembly to sass laws defining and implementing the amendment. J Prohibits Local governments from maintaining reserves in excess of limits established by the General Assembly and requires revenues beyond permitted reserves to be promptly returned to taxpayers in a manner provided by the General Assembly. Elections J Generally requires an election for state and local government appropriations beyond stated limits. J Restricts election dates to exceed state and public education limits to the date of a general election held biennially. Restricts election dates to exceed other local government limits to the regular biennial local government elections or an election held on the first Tuesday in November. State Government Appropriations Limits J Generally limits the percentage increase in state apgropriations to the percentage increase in state personal income per capita plus the percentage increase in state population during the previous calendar year, unless a higher amount is approved by statewide voters. J Exempts from the limitation: (a) enterprise funds; (b} revenues derived from the federal government or expenditures required by the federal government; (c) grants, gifts, or donations; (d} cash funds of institutions of higher education, except resident tuition which shall be regulated under policies established by the General Assembly; (e} appropriations for public education subject to the provisions of section 3 of this Article XXVII; or (f) highway and aviation moneys specified in Section 18 of Article % of the Constitution. - 2 Local Government Aaaroariation Limits J Generally limits the percentage increase in local appropriations to the percentage increase in state personal income per capita plus the percentage increase in valuation for assessment of such local government attributable to annexation, inclusion of territory, and new construction during the previous calendar year, unless a higher amount is approved by local voters. Prohibits any moneys from being spent that have not been appropriated. J Exempts from the limitation: (a) enterprise funds; (b) revenues derived from the federal government or expenditures required by the federal government; (c) grants, gifts, or donations; or (d) moneys which have been appropriated by the state or another unit of local government or which have been previously appropriated by a unit of local government but not expended, Public Education Aaaroariation Limits J Generally limits the percentage increase in total state and local appropriations for gublic education to the percentage increase in state personal income per capita plus the percentage increase in the number of pupils during the previous fiscal year, unless a higher amount is approved by statewide voters, except that each school district may raise and expend local property tax revenues, up to a percentage established by the General Assembly, above the local total program upon approval of local voters at a general election. J Exempts from the limitation: (a) enterprise funds; (b) revenues derived from the federal government or expenditures required by the federal government; or (c) grants, gifts, or donations. Emergency Saendina and Taxes J Allows the state, upon proclamation of a state emergency by the Governor and an affirmative vote of two-thirds of each house of the General Assembly, to impose taxes and appropriate moneys to meet the emergency. Emergency taxes may not continue ~in effect for more than 12 months following the proclamation without voter approval. ~ J Allows a local government or school district, upon proclamation of a local emergency by~unanimous votg of the 3 ~ t ~ • members of the governing body voting thereon, to impose taxes and appropriate moneys to meet the emergency. Emergency taxes may not continue in effect for more than twelve months following proclamation without voter approval. Alternative Local Limits J Authorizes local voters in any city, town, or county to establish alternative appropriations, emergency, and reserve limits in lieu of the limits in the measure. Authorized Borrowing J Exempts proceeds of and moneys required for the gayment of bonds, notes, and other evidences of borrowing from the limit to the extent that such borrowing was incurred as otherwise provided in the constitution or in any general statute or charter enacted pursuant to the constitution. State Mandates J Prohibits the state from imposing any new or increased state mandate on any unit of local government unless the state provides additional moneys to fully fund the Iocal government for the costs of the mandate. J Provides that compliance with the mandate shall be optional with the local government if the additional moneys are not provided by the state. J Generally defines "mandate" to include any requirement which regulates or directs 1) activities or services of any Iocal government, or 2) the operation and administration of any local government. J Authorizes the General Assembly to enact laws to define and implement the mandates section subject to provisions of the section. ANALYSIS When considered in isolation, Amendment # is a substantial intrusion into the workings of representative government and the prerogatives of local government to balance service, taxation, and expenditure considerations. Since the measure limits appropriations rather than taxes, it lacks responsiveness to growth and economic development efforts and citizens demand for services, which are paid for by user fees. When considered .in comparison to Amendment #1 authored by Douglas Bruce, Amendment # is a reasonable, moderate and workable alternative. 4' ~ ~ r The following are among the major differences between Amendment #1 (Bruce) and Amendment # (CACI) measures: J Bruce limits both state and local government spending and taxes CACI only limits state and local appropriations. J Bruce limits "spending" CACI limits "appropriations," so under the CACI proposal governments need not spend to the maximum annually to protect their base for future years. J Bruce applies his limits statewide CACI allows voters in municipalities and counties to substitute alternative limits. J Bruce exempts only those enterprise activities which meet his specified criteria CACI exempts enterprise funds. J Bruce requires an election for almost aII bond issues CACI retains existing law regarding issuance of bonds. J Bruce provides limited protection to local governments from state mandates CACI provides broader protection. J Bruce provides that all other limits not inconsistent with his measure remain unless repealed by voters. In order to avoid confusion, litigation, and duplicate limits, CACI provides a "winner take all" clause that if more than one measure is approved at the November election, the one receiving the most votes prevails and the other is void. Aside from the specific merits and practicality of each measure, CML's position on the CACI measure could be influenced by predictions as to passage of Amendment #1 and the effects which positions on Amendment # may have on passage of Amendment #1. If prospects for defeat of Amendment #1 are substantially improved by support of Amendment # there is a strong reason to support Amendment # Conversely, if support of Amendment # were to increase the chances for passage of Amendment #1, opposition or neutrality on Amendment # might be advisable. Assessments of these political considerations may become clearer as the November election draws closer and groups take position on the various issues which qualify for the ballot. ARGUi~iENTS FOR Support of the measure provides voters with an alternative which enhances prospects that Amendment #1 will be rejected. Furthermore, if Amendment # receives more votes than Amendment #1 and both receive majority approval, Amendment #1 would be null and void if the courts uphold the "winner take all" provision. J Amendment # is a reasonable and workable approach to tax and spending limits and affords taxpayers who seek responsible 5 y r~ [ limits an acceptable alternative. The drafters of the measure have included numerous changes in order to make it reasonable and workable. The anti-tax movement will not be quieted, even if both Amendment #1 and Amendment # are defeated, and Amendment # is likely to be more moderate and workable than future proposals. J Amendment #1 affords local citizens the right to adopt different limits which can be more or less restrictive than the statewide limits and contains strong protections against unfunded state mandates. ARGUMENTS AGAINST J Amendment # violates the tenants of representative government and of Iocal control except to the extent that local voters affirmatively act to substitute local limits. J Because it is a spending limit, Amendment # will impair the ability of local governments to accommodate growth, promote economic development, and provide additional services financed with user fees. J Support for Amendment # depending on political dynamics., could enhance rather than reduce prospects for passage of Amendment # 6 . - w, , E ~ T ~ A ~ K ~ A T ~ ~a®e 2 Cott. ~Vewstetter-June 19, 1992 Guidelines for municipal officials' and employees' participation in state ballot issue campaigns articipadon by municipal officials trtary" of a statewide ballot issue because 5. If the local government has a policy or employees in campaigns for or it is not of "official concern ° of permitting public groups to use its against state general election ballot IT IS IMPER1vIISSIBLE under the Escalades for community purposes, it is measures raises important issues concern- CRA to do the following in campaigns in permissible w allow groups opposed to ing compliance with the Colorado Cam• support of or in opposition to a proposed or supportive of the ballot proposition to paign Reform Act (CRA). These sag- measure: use the facilities so long as the policy is gested guidelines were prepared in an ef- 1. Use or expend public funds or sup- applied in an even-handed fashion. The fort to inform officials and employces in plies; local government. however, cannot in a general manner of CRA restrictions on 2. Allow employees or paid officers to any way be involved in organizing such public official activities as well as permas- work on a campaign during their work- events. sable activities. Local government off- lag hours or use any public facility or 6. Public employees should be al- ciatsand personnel are encouraged to equipment for the purposes of a cam- lowed to respond to requests for infocma- seek lrgal counsel for specific questions paign; lion about the impact of a proposed that may arise during any campaign. 3. Provide transportation oradverbs- amendment an the operation and budget The CRA allows political sub- ing using public property or funds for the of the local government entity in a fac- divisions of the state tp make contribu- purpose of inQuencing, directly or in- teal manner. but the Local government dons or contributions in kind of public directly, the passage or defeat of an issue; should not produce such information for monies to dispense "a factual summary, 4, Grant alt employee or officer leave the purpose of influencing tht passage or which shall include arguments both for from his job or office with the local gov- defeat of the issue. O and against the proposal" in campaigns ernment, with par. to work on scam- by Geoffrey Wilson involving only issues in which they have paagn. Cb~1L General Counsel an "official concern." CR.S. 1-45- IT IS PERMISSIBLE to do the foilow- 116(1)(b)(1), ing: ~ _ Although the statute does not define 1. The local governing body may take "official concern:' the federal district a position of advocacy on the issue. The court has held that po[itical subdivisions governing body may pass a resolution have an "official concern" only in those and take a public stand urging the elec- maaers within the scope of their own torate w voce for or against any matter. powers and duties and which, at the very Staff background research which leads , least. come before local officials for an up tr, passage of a resolution is also per- officialdecision. (Mountain Stares Legal miscible. ' Foundation v. Denver School District 2. A public official "who has policy- ~ No. 1, 4519 F. Sapp. 357 (Dist. CoIo., making tcsponsibilities" may spend up to 1978); Campbell v, lolnt Disirlct 28-J', S50 of public money on phone calls. let- l 90 F.R.D. 189 (Dist. Colo., 1981}, tiff d, tens or other activities incident ro making i 704 F.Zd 501(lOth Cit. 1983).] There- statements or answering questions con- ~ fore, even though a proposed constitution- cerning the issue. ~ ' ai amendment or state statute may have a 3. Elected officials who are unpaid or profound effect oa the ftutctioning of a who receive compensation only for at- local government, the courts have ruled tending. meetings may speak out on the is- ' that such measures are not mallets of "of- sues presented by proposed constitutional facial concern." Accordingly, local gov- amendments. There are no limitations in ernmentai entities cannot use public the CRA on the right of public officials funds even to dispense a "factual sum- to address any matter before the elec- torate; the limitation is on expenditure of public funds. CML Newsletter 4. Public employers sad paid etectcd Pubti~6ed biweekly by the Colorado Municipal officials may work on the campaign and t.cague for cotorado~: mtutidpal offidats. speak out on the issues on their own (asps) o7s•s9o) time. Any public employee who be- ' Commtmie:t9oaa sad Research: K:y Nariea comes involved in the campaign should • Research e~st~ociate: Janel Helt take whatever steps are necessary tD Gnpitia: Tawnya t3sandlet dOCUment that the effort iS done on Printer. Gary L Dawson his/her own time. If the public employee PdS'MASTFR: Send addn:ss change form 3579 to: is On a recorded hour sysoem, make sure Coloado Municipal t.eague, 1t~60 Lincoln st., suits: the Cecocd reflects that the public .too, Denva,CO x0264. t;Phonc: s3t~att) employer took time off from public Subscription rates: S 100 per year for nonmembers. dunes t0 engage in campaign activities. . ; Page I Prepared by CML lone 8, 1992 ANALYSIS• OF CACI I1VIT'IATIVE••, AND BRUCE IMTIA i i r ~ (TABOR III}"• ISSUE CACI CUNIlI~NT BRUCE ~ COMMENT Flexibility Limited Specii?c appropriation iimiu are Yery Detailed tax and spending limits are placed placed in the constitution. Allows limited in the constitution. In addition, combina- prior year's appropriation plus lion of tax and spending limits severely prior year's ,.-,....sage increase is reduces flezbility. Allows prior year's statewide personal income, spending adjusted for percentage increase in Deaver-Boulder area CPI. Provisions to Yes Provides that if more than one No General provisions indicate as intention for limit applica measure is arr. „ red in November limits to be cumulative and to restrain most Lion of more only the one .....:.~tcg the most the growth of government. Additional than one ballot votes is effective. restrictions would result because the two measure separate sets of limitations would be effec- tive to the w.....t that conflicts did not exist. Local authoriry Yea Flexible and grandfathers in No Limits apply statewide except for the to elect alter- existing local Limits is lieu of limited right of local voters to approve a native limits statewide limit. delay of up to four years in voting on some baIIot issues. Exemption for Yea Business like enterprise funds are Limited Business like enterprise funds are exempted cntctprise exempted from the appropriations if authorized to issue own revrnue bonds funds limit but apparently not from the and if receive less than 1045 of annual maximum reserve limits. revenue in grants from state and local governments combined. These qualifica- tions for exempting enterprise funds {particularly the authority to issue revenue bonds qualification) may exclude many rnterprise operations from the exemption. { Local growth Yes Provides a local allowance Yes Provides a local allowance based upon pet component measured by percentage increase tentage increase is assessed valuation from in assessed valuation attributable new taxable real property and i...r... ~o- to annexation and new con- meats. struction. Protection Yes Strong safeguards provided against Limited Local governments may reduce or elirninate against state state mandating or shifting costs to subsidy to any program dedicated W it foe mandates local governments and local administration without state funding. Pro- taxpayers. General Assembly tecdon is limited because only program shall pass laws to define and administration is covered and mandates are implement provisions. Local not defaced. governments don't have to follow unfunded mandates. ' Exemption for Yea Proceeds of bonds and other No .Only proceeds of voter approved bonds are proceeds of contractual obligations are exempted. bonds and exempted. other contsac- tual obligations ' This analysis is d'uected to those portions of the measures which particularly affect municipal operations. Version which has been filed with the Secretary of State and is pending circulation o€,....:-:ans. "x Version which has been filed with the Secretary of State and certified for the November 1993 ballot. " Psg~ ISSUE CACI CO[~NT BRUCE COlvflbIENT Exemption of Yes Exempts principal and interest Narrow Generally requires voter approval for principal and payments to the extent that bonds principal and interest payments to be interest or other contractual obligations are exempted. payments for issued pursuant to existing legal bonds and requirements. other contrac- tual obligations Limits local Yes Measure limits appropriations No Local spending limit v impractical because appropriations rather than spending and thus of fluctuations in spending from year to rather than affords some tlemtbility for varia- year even when tax rates remain constant. local spending dons from year w year without Spending limits encourages premature and forcing uanecessary and pr~cmature unnecessary spending to protect the base ..„r ,...ditures. for subsequent years. Exemption for Yes Exempts prior appropriations so No By not exempting prior ar'r•~r•~•dons local prior appro- that a carry over of expenditures governments are discousaged from pciadons to a subsequent year does not deferring expenditures to a subsequent roduce available ....r w.dltum. year. Exempdon of Yw Exempts state and local govern- No Failure to exempt state funds and funds state funds and• mere funds from limit of receiving from other local governments may prevtnt other local local government. or force an authorizing elecdoa before the government _ receiving local government can spend the funds from proceeds of a state grant or of an inter- local limits governmental cooperation contract. Exempdon of None Fails to exempt state mandated None Fails to exempt state mandated expenses state mandates expenses from local limit. from local limit. From local limits Emergency Limited Accomplished by J3 vote of Very Requires stauwide election to exceed exceptions for General Assembly and Governor's Limited except to the extent of narrowly defined state approval. Em...b....cy fazes may emergencies. not continue for more than I2 months without voter arr... al. Emergency ~ Limited ~ Requires unanimous approval of Vcry Emergency conditions which qualify are exceptions for _ governing body. Emergency.tazcs Limited narrowly defined. Appear to allow emer- locai govern- may not continue for more than 12 gency taxes and resulting revenues upon meets months without voter approval. ?J3 vote of governing body but subject m limitations if not approved by voters at nett election. Timing of Limited Limited to regular biennial local Limited May be held at biennial local government local elections government election or an election election, at a state general election, or on to exceed held on the first Tuesday in ~ the first Tuesday in November in even lirniu November as provided by General numbered years. Assembly. Computation (Unclear + Applicable year for computing Unclear Applicable year for computing limit is of the limits I limit is unclear. ~ unclear. Exemption for No Reduces flexibility for good No Reduces tkzibility for good internal internal service internal controls and management. controls and management. funds Exemption for Limited No specific exemption but could Yes Exempts damage awards. judgments and be handled as as emergency . settlements _„r_..diture. ~ _ . Exemption for None No exemption except as provided None No exemption except as provided capital elsewhere. elsewhere. improvements s 4 Page 3 1 M ~ ISSUE CACI COMMEYT BRUCE CO14II41ENT Reserve Yea Maximum reserves to be cstab- Yes Minimum emergency reserves required, requirements fished by General Assembly. alter phase in period, of 396 of fiscal year spending excluding bonded debt service. Application of Limited ~ The exemptions, such as for enter- Yes Application of enumerated exemptions, enumerated prise funds, appear to apply to such as for eaterprise funds, may be tech- exemptions the basic appropriation limits but nieauy correct but language is confusing. apparently not t0 the an_.b.,.cy and reserve provisions. implementing ~ Yes General Assembly required to pass No Getteral assembly not required to and may [egislation implementing legislation. not have authority to enact implementing legislation. Additional Issues in Brure Initiative Not Fresent in Other Measures Tax increases Yu No new or increased raze without I statewide or local election. Income tax Yes Must be uniform rate and must apply only changes ro p spectively. Real estate Yes New or inct+eased fazes prohibited. transfer taxes State PrnPertY ~ Yes i Prohibited. fazes I I ( I issuance of Yes ~ Requires prior voter approval in almost all debt or other circumstances. Currently most bond 'issues financial obli- which are not general obligations do not gation. requite an election. Assessed Ycs Prohibited unless approved at an election. ' valuation ratio ~ increases s ` Business Yes Governments may reduce or ...Y,.~1 without personal voter approval. property razes Election notice Yes Detailed mailed notice required to all and ballot voter and specific ballot requiremetw requirements ~~g Yes All existing state and local limits not in grandfathered conflict also apply unless subsequently ._r..led by voter. Enforcement Yes ~ Preferred int...r...:ation is that which most and intetpreta- restrains government growth. Allows class don action litigation and affords successful • plaintiffs' costs and attorney fees. Refunds require 1.096 interrst payments by govern- ments. ~ Yes ~ Provides for annual valuation notices and .valuation arr-~• Eliminates Presumption in favor requirements of governments valuation. ~r.,_:fies criteria- for d.;y......ining assessed valuation. , ' ~A (708) 576-5300 y~(' ROBERT W. GALVIN 1303 EAST ALGONOUIN ROAD SCHAUMBURG, ILLINOIS 60196-1065 r_3., ~ y R~CEtVE~ ~.3 August 5, 1992 Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81658 Dear Mayor Osterfoss and Town Council Members: On behalf of the East Village Homeowners Association, I have the following comments and concerns with regards to the sanctioning by ordinance of hot and cold air balloons for special events. The Homeowners Association does not oppose the use of hot and cold air balloons at special events. It does however, oppose the use of these inflatables as a means of advertising products, services, and sponsors. Specifically, the Homeowners Association opposes the proposed amendment to the sign code because it would allow for the prolifera- tion of undesirable advertising devices in the Town of Vail. The introduction of thirty foot high hot and cold air balloons, that are replicas of products or from which large advertising signs are sus- pended, is not in keeping with the quality public image that Vail has striven to convey and maintain. It is my understanding that historically the content of signs in the Town of Vail has been restricted to wording or symbols that locates or identifies a particular business. The advertising of products or services has not been generally permitted. The reason for limiting advertising devices is to provide that the community presents a quality image and dignified appearance to it's visitors, residents, and property owners. Town Council August 5, 1992 Page Two The Homeowners Association does not believe that any standard should be adopted into the sign code that favors or encourages the advertising of products, services, promoters, and sponsors. The potential for the proliferation of inflatable advertising devices at special events or in conjunction with other commercial activities is of paramount concern. Such activity should not be condoned or promoted by the sign code. The Town Council is also being asked to approve by emergency ordi- nance aspecial exemption for "temporary signage" for the 1992 Mountain Bike World Cup Finals. The application for "special event" temporary signage, under the emergency ordinance provision of the Town Charter, does not appear to be synonymous with temporary signage needed to cope with an impending threat to the public's safety and welfare which the emergency ordinance provision implies. The Homeowners Association does not oppose the need for "special event" temporary signage provided the terminology cannot be con- strued to allow for the advertising of products, services, promoters, or sponsors. Si rel e ,~F~ j 1, Robert W: Galvin President, East Village Homeowners Association RWG:kh . ~ f~~ ~Vailo Vail Associates, Inc. AUgUSt 4, 1992 Creators and Operators of Vail and Beaver Creek© Resorts Dear Vail and Beaver Creek Vendor, As Vail and Beaver Creek Resort continue preparations for the upcoming 1992-93 ski season, I wanted to take this opportunity to update you regarding the status of our financial reorganization. As you may recall, despite its own financial success, Vail Associates filed for Chapter 11 three months ago in order to facilitate the reorganization of its parent company, Gillett Holdings, Inc. Today, I am pleased to report that we have cleared the last major hurdle in the process, the confirmation of our joint plan of reorganization, and expect to emerge from Chapter 11 within the next 45 days. Vail Associates emerges from Chapter 11 stronger than ever, its financial future strong and secure. Our debt has been reduced significantly, our balance sheet has been strengthened, and we have a new financial investor, Apollo Advisors, who loves the mountains as we do and has the financial resources to assure Vail's continued growth and development. Vail continues to operate both profitably and successfully, and I want to assure you that we have every intention of maintaining the business relationships that have contributed to our success. We fully realize that it is because of our relationship with companies like yours that we are able to maintain the high standards of quality at Vail and Beaver Creek. Under the terms of the plan, Apollo will become the company's majority shareholder. I will remain Chairman of both GHI and Vail Associates. In addition, current management will remain in place and continue to be responsible for the day-today management of the resorts. Together with Apollo, we will continue to focus on improving Vail and Beaver Creek and enhancing the overall guest experience. I am very excited about Apollo's involvement and am convinced that our best and most exciting years lie ahead. I had mentioned to you in a previous letter that we planned to continue with our capital improvements program and that our commitment to excellence and to exceeding our guest's expectations remains firm. Our $8.5 million capital improvements plan for the coming season is currently underway. It includes construction of three new surface lifts, a new triple chairlift in the Back Bowls, a 200-seat expansion at Two Elk Restaurant and the addition of an extensive snow making system on Beaver Creek's Grouse Mountain. Your continued support is appreciated and we look forward to working with you for many years to come. Sincerely, George Gillett ~ p , " Chairman ~ ~ ~ &;-._i.. w ~I~ ~DG ~ 1992 i~l~~ Post Office Box 7 • Vail, Colorado 81658 • USA - (303) 476.5601 t:{~~ ~ ~ t-~CL ~ t. C;{. - Jd ~ECE~~~D a~~ ~ ~ i~~'~ PAIL GOLF CLUB JOHN A. DOBSON ARENA 303-479-2260 321 East Lionshead Circle FORD TENNIS COMPLEX veil, Colorado 81657 303-479-2294 303.479-2271 ail ecre lO MARKETING/SPECIAL EVENTS FAIL YOUTH SERVICES DISTRICT SPORTS 395 East Lionshead Circle 303-479-2279 veil, Cotorado 81657 NATURE CENTER 303-479-2292 292 West Meadow Drive • Vail, Colorado 81657 303-479-2291 303-479-2279 • FAX 303-479-2197 August 5, 1992 Dear Booth Creek Resident, The Planning and Environmental Commission will hold a meeting on Monday, August 1©, 1992 at 2 pm to discuss the parking plan for the Booth Creek Par 3 Golf Course. The meeting will be held in the Town Council Chambers and will be a good opportunity to ask any parking related questions as well as make general comments regarding the project. Based on a recent Town Council decision, there will be one more general information meeting held in the later part of August. You will be notified of the specific time and location shortly. If I can be of any further assistance prior to either of these meetings, please feel free to give me a call at 479-2279. Otherwise, I look forward to seeing you on Monday. Sincerely, ~ti~~/ Susanne Chardoul Marketing Co-ordinator -~~,a ~ , RECEIVED Q~~~ 1 0 1992 y or ~f ~ ~ UTILITIES DEPARTMENT Administration 1470 South Havana Street Aurora, Colorado 80012 303/695-7370 August 6, 1992 Ron Phillips Town Manager Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Dear Ron: As was discussed at our meeting last week, I am transmitting herewith a copy of the City's "Long-Term Water Conservation Plan" and our revised policies related to water acquisition and development. Most of the conservation plan has been in effect since 1980, however, this revised long-term plan was officially adopted by City Council this year. The revised statement of water policies has been through a year long review process by the Council's Utility Policy Committee, and was adopted by resolution in January of this year. Please contact me if you have questions or need clarification ~on this material. Yours truly, LAS Tom Gris d Director of Utilitie encl. TG/PY cc: Blodgett File copies t O c"~ ~ REG~I~~E" ~ i",`.~' 1 0 1992 ' C`%rsa~ UTILITIES DEPARTMENT Administration 1470 South Havana Street Aurora. Goforado 80012 303/695-7370 WATER CONSERVATION PLAN HIGHLIGHTS Aurora's Utility Department established an Office of Water Conservation in 1980. Aurora's conservation efforts include: --Wasting water ordinance --Lawn size restrictions --Information on retrofit/plumbing .programs --Residential metering --Pricing incentives --Open Space/Irrigation management --Leak detection and loss reduction --Non-potable water reuse --Lawn water education -Xeriscape education --Public/school education Aurora has been 100% metered since its independent water system was initiated in 1954. The current gallons per capita consumption rate in Aurora is 160 gallons a day, and the Office of Water Conservation's goal is to maintain that rate. Aurora has the only ordinance in the Metro area restricting the size of lawn which can be planted with Kentucky bluegrass (since 1981). Aurora has the most extensive water reuse and alternative open space irrigation system in the Metro area, using urban runoff for Expo Park, Utah Park and Hutchinson Greenbelt, Center Hills Golf Course (the last two in conjunction with Highline Canal water). Aurora has used reclaimed wastewater effluent for Aurora Hills and three parks since 1980. ' Annual reclamation reuse is now averaging 120 million gallons. Aurora bases its tap fees on water-using devices, thereby encouraging water conservation and saving the customer money by reducing the size of the tap and not penalizing those in low-pressure areas. The Office of Water Conservation is undertaking research in 1991 to quantify the effectiveness of ULV plumbling/low-water use landscaping. • ~ ~ RECEIVED AUG 1 0 1992 AURORA: COMMt t t TO WA t ~t~ CONSERVATION Long Term Water Conservation Plan prepared by the City of Aurora ~ Utilities Depa~ l~~~ent .zc1 ~ Office of Water ~ Conservation i,,«• O ~Iorsa l! 3 TABLE OF COIF i r.~JTS I. GOAL, OBJECTIVES,POLICIES ii II.IN'ITtODUCTION 1 DEVELOPMENT OF A WATER CONSERVATION PLAN 1 AURORA'S WATER CONSERVATION PHILOSOPHY 1 HLSTORY OF WATER CONSERVATION IN AURORA 2 REGULATION WITH IDUCATION 2 III.INCENI'IVES do RESEARCH 3 IV. WATER REUSE dz ALTERNATIVE OPEN SPACE IItRIGATION 4 V. DROUGHT PLANNING 5 VL CURRENT WATER CONSERVATION PROGRAMiVIING 6 CURRENT A~..rivrirr~ 6 1992 PROGRAM OBJECTIVES OVERVIEW 11 1992 BUDGET di PLANNMG OUTLINE 12 VII. LONGTERM WATER CONSERVATION PLAN 18 LONGTERM PLANNING BEST MANAGEMENT PRACTICES OUTLINE 18 VIII.ArrnidDICES 22 A. Local 6c Regional Water Conservation Programs - Colorado Water Utility Council 1991 Survey - American Water Works Association 1990 Regional Survey - State dL Local ULV Laws/Ordinances (list) B. Aurora Water Conservation Activities - Aurora Current Activities (list) - Aurora Water Conservation Efforts (chart} • Yearly Books Sales (chart) - Xeriscape Seminar Attendarue (chart) - Presentations to Schools (chart) - Average Annual Per Capita Water Use (chart) -1992 Budget Outline C Water Reclamation dz Reuse - Aurora Water Reclamation di Reuse - Aurora Leak Detection D. Aurora Water Conservation Ordinances - Wasting Water Ordinance - Lawn Permit Ordinance - Plumbing Ordinance E. Bibliography & References i T` F GOAL: To protect and preserve present and future water resources through conservation. OBJEC Y Y DES: To develop a conservation program that will ensure the efficient use of the water supply available to the City of Aurora. To develop a conservation program that serves as a f oundation for long-term planning activities. POLICIES: To maintain present per capita water usage levels in all customer classes; To reinforce and strengthen the wise use of water among Aurora citizens; To provide options for water conservation that promote individual responsibility over governmental regulation; To provide guidelines for developing and evaluating water conservation programs. t II. INTRODUCTION DEVELOPMENT OF A WAi rn CONSERVATION PLAN In February of 1991, the Aurora City Council directed the Utilities Department to update its water conservation plan for formal adoption. The plan is designed to give an overview of Aurora's water conservation history, general policies, goal objectives, current prograauning and long-range plans. This document outlines program options available for implementation in a long term water conservation policy designed to maintain water-use levels and encourage efficient use of the water supplied by new source development. In preparing the plan, the Utilities Department Office of Water Conservation has taken into rnnsideration on-going water conservation developments occurring nationwide, the increasing statewide recognition of the importance of water conservation and has analyzed recent changes in Metro area water conservation policy. These factors were then evaluated and applied, where appropriate, to the City of Aurora. Throughout the Western United States, new water resources are becoming increasingly difficult to procure and develop within short periods of time. Similarly, the City of Aurora must plan at least 20 years ahead if future water demands are to be met. As new source development continues, water conservation is becoming a more viable and necessary method as an element of water supply planning to meet anticipated levels of water consumption. During the 70's and 80's pressure from rapid growth, political changes and drought increased awareness of water conservation within the Aurora Utilities Department. Since that time, the Utilities Department has taken a lead in the field of water conservation through the development of landscape and plumbing ordinances, school and community education programs, and built-in water conservation measures, such as wastewater reclamation and re-use, computerized central irrigation systems, and leak detection. While a majority of Aurora's water conservation programs are continuous or repeated regularly, there is a need to analyze the options and incentives for water conservation measures by citizens, businesses and industry. AURORA'S WAi ncc CONSERVATION PHILOSOPHY . The cost and time involved in developing traditional water projects makes it impractical to design a water system for extended drought. Aurora's existing water system is designed to sustain the city through an extreme drought lasting up to three years. One method of managing demand is to adopt short-term water conservation measures during drought periods. Water availability in Aurora fluctuates with the weather patterns, his~ric snow pack and changing lifestyles. Therefore, an effective long-term water conservation polity must accommodate these variables and provide water conservation incentives during wet and dry periods. Water conservation measures need to be acceptable and understandable for citizens to adopt them. The water conservation ethic in Aurora is being developed through a carefully balanced series of educational programs and regulation. 1 • HISTORY OF WA i r.~c CONSERVATION IN AURORA From 1918 to 1954, the Denver Water Board supplied adequate water for a growing Aurora. In 1954, a combination of factors, including drought and the growth of the Metropolitan area, caused shortages within the Denver water supply system. The Water Board responded to this crisis with the establishment of a "blue line", beyond which they would not provide water. The boundaries created by the line excluded an area already settled by Aurora residents, and would have r. ~.luded future growth of the City until the Denver Water Board developed additional water supplies. To free itself from outside restrictions on growth, the City of Aurora decided to implement an independent water supply. During the following thirty years, Aurora took affirmative steps to develop water supplies in order to meet a boom growth period that placed Aurora among the fastest growing cities in the United States. The office of Water Conservation was first established in 1978 when the need to include water conservation measures in its water supply planning became apparent. In 1981, spring snow pack readings were the lowest on record throughout the Colorado Rocky Mountains. Due to a lack of carry- over storage capacity, water yield and water use projections it became necessary to reduce Aurora's summer water demand. This drought coincided with the establishment of a Plumbing Ordinance as an adoption of the State's Uniform Plumbing Code requiring the installation of low flow fixtures in all new construction. In addition, "wasting wafter" and "lawn permit" ordinances (see Appendix D) were established to reduce water waste in residential landscapes, and to limit the area devoted to drought intolerant Kentucky Bluegrass in residential lawns. The lawn permit ordinance includes a beneficial requirement that all lawn area soils be "amended" prior tb turfgrass installation. Since 1981, the Office of Water Conservation has established numerous proactive programs (see the Office of Water Conservation Activities list, Appendix B). As a result of these efforts Aurora's water conservation programs are recognized for their proactive quality both regionally and throughout the nation. REGULATION WITH EDUCATION Studies (see Appendix E) show that water conservation regulations are better received where there has been a sustained effort in voluntary water conservation efforts by a municipality, especially those emphasizing water conservation education. These efforts are particularly well received if they offer citizens ",..l..,l over their water use, improved landscape health and drought endurance, plus choice in the employment of various water conservation methods. Individuals are, in general, more willing to comply with regulations if the need and personal benefits of the regulations are explained. While educational activities show no direct reflection upon water use among citizens, they are necessary to make regulations enforceable. Rules and regulations have t adopted in Aurora, in coordination with an extensive educational program to reach individuals who do not show awareness towards voluntary water conservation measures. To facilitate effective planning of future water supplies, Aurora has adopted a per capita water use goal of 160 gal per day (gpcpd). This is the present level of use, but trends show a slow increase believed to be related to affluence and the shift toward more households with fewer people living in them. The conservation programs h~ r:.. may be used in part or in multiples, but have been chosen primarily for their acceptability to the public, their cost effectiveness, and their resulting water use reductions. 2 III. INCENTIVES & RESEARCH . Because water conservation is a relatively new field of study, there is very little hard data on which to rely. For this reason, there is now movement toward quantifying the impacts of water conservation efforts and looking at the viability of incentives to conserve water. Aurora has a history of encouraging conservation through economic means such as the manner in which the City figures its tap sizes. The tap size is based on water-using devices required. Where the size of the tap can be reduced through efficient water use, the developer can save thousands of dollars. A major objective included in Aurora's 1991 wafter conservation planning is the research and possible implementation of incentives for the use of Ultra Low Volume (ULV) toilets and water efficient landscape techniques. Incentives could include rebates for the purchase or installation of these items or rebates could be made when water taps are purchased at the point of constriction. Data from existing programs is cu.. ~..tly limited for programs of this type due to lack of program longevity (see Appendix A). Other factof s must also be considered before adopting ashort-:~..... solution. For example, Denver .t..:...tly instituted an X80 rebate program for the installation of UL.V toilets. While this program received positive media attention, a closer examination would indicate that better coordination with the plumbing industry may have increased the success of the program. This, rnupled with an incomplete debate on the reliability of LTL.V toilets and the relative increase in wastewater potency and its effect on water treatment, resulted in less support from that group. Similarly, Denver undertook a radio and television campaign promoting tall fescue turfgrass for a less uthirsty" and more drought tolerant lawn when only two of 23 sod farms in the area grew fescue or fescue blends. Recognition must be given that if Aurora moves toward implementation of incentives for landscaping or plumbing, it will impact area businesses. Professionals from the plumbing and turf industries need to be included in the process of researching and implementation of the incentives in order to gain acceptance of the changes. 3 i • IV. WATER REUSE & ALTERNATIVE OPEN SPACE IRRIGATION Aurora was one of the first communities in the Metro area to implement a water reuse system for non- potable irrigation purposes. The Sand Creels Wastewater Reclamation Facility has been operating since the early 1%0's, initially returning reclaimed water to the natural drainage system. The reclamation system was expanded in 1980 to provide irrigation water for Aurora Hills Golf Course and three parks during summer months (see also Cw. t..t Activities, Public Open Space Irrigation Management, Wastewater Reclamation & Re-Use, p.10). Other non-potable alternative sources for irrigation in Aurora: o STORM RUNOFF is used for Expo Park, Utah Park and the Hutchinson G.tt..belt, Center Hills Golf Course (in conjunction with Highline Canal water) o WELL WATER is used to irrigate Meadow Hills and Spring Hill Golf Courses While average reclamation tpuse since 1971 was almost 90 million gallons annually, that increased to I20 million gallons in 1989 and the upwazd trend continues (see Appendix C). The success of this novel water reuse program, and increasing demands resulting from a progressive annexation program have lead the City to develop a Water Reuse Master Plan for implementing reuse in the developing portions Aurora. Other highly successful water conservation programs implemented by the Office of Water Conservation include Leak Detection and Computerized Central Irrigation (see pages 9 dz 10, plus Appendix C). These and other programs illustrate Aurora's proactive use of innovative technology and intergovernmental cooperation. t 4 i t V. DROUGHT PLANNING There are two distinct methods of managing demand-side water use: restrictions and r..,...otion of water conservation techniques. Water conservation is a long-term, passive adjustment of attitudes through education (by example, or by theory) or through active adjustment institutionalized with the installation of water efficient plumbing and/or landscaping. Restrictions, on the other hand, are generally designed for short-teen or crisis situations, such as extended periods of drought or system operation failure. There are numerous variables and factors affecting the implementation of restrictions. These include: o Variables within the supply system - weather outlook - historic snowpack - current reservoir capacities o Alternate buffers within/outside of the system - leasing of water from other supply entities - construction of new facilities/resources o Possible ramifications to/from - regional, national _..-..amy - regional growth limitations - short-term vs. long-term affects o Political motivations/attitudes - short-term agendas - long-tom.... agendas Only one set of variables, those of the supply system itself, can be used to initiate drought restriction planning. All other variables create the need for flexibility in the development of a sound drought response scenario. Because of the complex nature of the Aurora water system, the Director of Utilities has the responsibility of analyzing drought conditions and advising City Council -members on the imposition of mandatory restrictions. ' Provided that political expediency, program funding, and thoroughness of program research is maintained, both the City and its citizens can be expected to achieve necessary water reduction goals established for each situation, while maintaining a positive relationship between both entities 5 i 1 VI. CURRENT WA ~ >Gx CONSERVATION PROGRAMMING Voluntary water conservation involves a constant public education and reeducation, which is reflected in the Utility Department's current water rnnaervation programs. Aurora continues to hold its historical role as one of the leaders in Colorado in water conservation activities (see Appendix A,, Colorado Water Utility Council 1991 Water Conservation Survey). The water conservation program has expanded its public education element with school presentations, xeriscape seminars, water leak detection, production of educational videotapes and other special projects. The vast majority of the programs are based on the conservation philosophy of voluntary restraint with the exception of times of drought and the ordinances mandating low-flow water devices, Kentucky Bluegrass restrictions and forbidding water waste. The following is a list of programs and activities from the Office of Water Conservation: CURRENT A~, t l vt! 1CS AURORA OFFICE OF WATER CONSERVATION KFY: (i) Indicates ongoing or annual program(s) (2) Indicates one-time -...otion or regulation (3) Indicates promotion or regulation with follow-up action or study SCHOOL EDUCATION: o Production and national marketing of 20 minute Water Awareness video for grades K-2 (3) o Provided to schools throughout Aurora and Cherry Creek Public School districts; reaching approximately 850 elementary students in 1989 and over 2,000 elementary students in the spring of 1990. (1) o Speaker availability since 1984 (1) o Developed and implemented awater-related curriculum package for the Aurora Public School District; material correlates with Arau's 4th and 5th grade Science/Health texts (3) o Developed manual for interested water providers to promote additional involvement by them in school curriculums, ("Integrating Water Related Curriculum Into a School District" (1) o First non-affiliated member of the Science/Health Curriculum Committee, a subcommittee of the Colorado Conservation Educators Coalition (1) 6 1 I XERISCAPE EDUCATION: o Provided nine Xeriscape seminars to citizens in 1990 with attendance growing from 89 participants in 1989, to over 500 in 1990 (1) o Four topic sen,;nar series (1); repeated 3-4 times/season: - Xeriscape Primer - Design and Renovation Using Xeriscape - Plants for Xeriscape - Maintenance and Irrigation in the Xeriscape o Audio/Visual library on all ayr:..ts of Xeriscape(1) PUBLIC EDUCATION/EXPOSURE: o Water Conservation Resource Book (3); information about: - Retrofit for indoor plumbing - Water Conservation tips - Landscaping for Water Conservation - Low-water requiring plants o Speaker's Bureau (1); presenting to: - Civic Groups - Home Owners Associations - Neighborhood Associations - Landscape Industry professionals o Audio/Visual Library (1); topics available for loan: - Aurora's water resources - Water conservation lips at home - History of Aurora's water o Xeriscape series on cable TV Channe128 (1) o Daily ET/Lawn watering information (1); seasonal - Regional newspapers - Cable TV Channe128 Community Bulletin Board o Distribution of free raingauges, watering guides, and water conservation/Xeriscape brochures (1): - Shopping Centers & Malls - Libraries - Civic group environmental/conservation events - Citizens and municipalities requesting information t o Participation in National Drinking Water Week -1990 Poster contest promoted among school districts in Aurora in cooperation with Channels 2, dt 28, and Burger King 7 f o Annual tours(1) - Water treatment facilities - Historical Society's Home Xe:iscape tour - Tree tour at Fairmont Cemetery - Tour of Aurora's water supply system o Commercial Customer campaign to conserve water (2) PUBLICATIONS/BROCHLTRES o "Landscaping for Water Conservation: Xeriscape!", 2nd Ed -1st Edition (10,000 copies sold out) 2nd Edition (15,000 copies; shared publication with Denver Water Department (3) o "Welcome" brochure for new residents (1); explains: - Lawn I'~....it Ordinance k Wasting Water Ordinance o New business water conservation brochure ("Keep Your New Business Growing Without Using Alot of Water")(1) o Brochure for Home Owner Associations ("How To Keep Green Areas Green Without Using Alot of Water")(1) o Monthly tips or stories in billing newsletter(1) o Regular revision of dated brochures (1) LANDSCAPE ORDINANCF~LAWN SIZE RESTRICTIONS (3) o Code established in 1980 o Lawn areas restricted based on lot size; low water grass species are exempt from limitation o Soil preparation required o Enforcement through perntitting and inspection o Lawn permit study follow up (2) PLUMBING ORDINANCE (3) o Code established in 1977 o Specifies requirement for all construction after 1977 of: - Low flow shower heads (3.0 gal/min) - Lavatory faucets (35 gal/min) - Tank type water closets (3S gal/flush) - Flushometer water closets (3.0 gal/flush) - Urinals (3.0 gal/flush) 8 s RESIDEIVTTAL Rc i xOFIT (3) o City-wide distribution of water conservation kits conducted in 1984 013,000 kits distributed, including: - toilet leak detection tablets _ -faucet flow restrictors - toilet dams/replacement bags o Projected water savings equivalent b 696 of indoor water use WAi rn RATES (1) o Current pricing structure encourages conservation among all user classes o Use of block rate increases is reserved for periods of drought or emergency only I?lr, ~ ciurTG (1) o Aurora's water use is 100% metered o Individual townhomes metered at point of construction (since 1984) PUBLIC OPEN SPACE IRRIGATION MANAGEMENT (1) o Detention pond water used to irrigate 3 city parks -Utah Park (54 acres) -Expo Park (57 acres) -Hutchinson G.zt..belt (approx. 52 acres) o Annual savings of 132+ million gallons 407 acre feet; estimated 30" annual irrigation required/163 acres) o Wells used to irrigate 2 City golf courses - Meadow Hills Golf Course (123 acres) - Spring Hill Golf Course (249 seise) o Annual Savings of 303+ million gallons 930 acre feet; estimated 30" annual irrigation reguired/372 acres) o See also Wastewater Reclamation 6z Re-use WASTEWA i rec RECLAMATION & RE-USE (1) o Reclaimed water used to irrigate: - Aurora Hills Golf Course (142 scree) ` - Del Mar Park (44 scree) (249 acres TOTAL) - Highline Park (34 acres) - Bicentennial Park (29 acres) o Re-use savings calculated at 121+ million gallons (372 acre feet) in 1989 9 1 SYSTEM WIDE LEAK Dc, cCTION o Average of 130 distribution leaks/year pinpointed 0 60 previously undetected system/customer leaks/breaks deflected since program inception in 1987 015% estimated savings: - reduced water loss L...., leaks - reduced labor 6z time on site - reduced size of stree# dig ups AURORA PARKS IRRIGATION AUTOMATION o Conversion of manual irrigation clock system in computer operated and automated system STUDIES o Residential retrofit (2) o Water Consumption (pre/post L/S Ordinance) (2) o Landscape water monitoring project at 1100 Moline, Aurora(1) - Residential landscape retrofitted with Xeriscape - Brochure development for use by industry members - Pmject being monitored for water use comparisons IIV i rtcGOVERNMENTAL,/ORGANIZATION COOPERATION (1) o American Water Works Association o Associated Landscape Contractors of Colorado o CSU Cooperative Extension Service o Colorado Conservation Educators Coalition o Metro Water Conservation, Inc. o National Xeriscape Council, Inc. o Rocky Mountain Regional Turfgrass Association o Xeriscape Colorado! t 10 4 S 1992 PROGRAM OBJECTIVES OVERVIEW SCHOOL EDUCATION: Enhance existing school education program through cooperative educational programs and water conservation projects. OL 1 BOOR WATER CONSERVATION: Coordinate with other City departments to enhance existing ordinances and/or to increase the effective and efficient water-use by systems or programs already in place. GENERAL WATER CONSERVATION: Enhance the Office of Water Conservation's information and resource base. PUBLIC INFORMATIQN: Continue the distribution of information to Aurora citizens about water conservation. ~ ~ 1942 BUDGET & PLANNING OUTLINE , " ~ Priatary Objective • ~ Secondary Objective SCHOOL EDUCATION `l. Continue involvement w/ educators o Review Frequency/Evaluation of presentations ('91 goal ~ 3,000; 92 goal ~ 3,000) - 5 to 10 presentations/month - 3,155 students contacted in 1991 o Pursue P.R avenue via school papers, local media - Tours of water facilities - Water Awareness video - General program review - Charts of past success - Quotes from evaluations - Introduce Sarah the Snowflake (photo?) - Introduce RuAnna the RainDrop (photo?) - Article(s) o Xerscape gardens at schools o Ideas/p~grams for them to play with on their own o Water trivia o Potential outlets: - CDE's quarterly newsletter '...Education Colorado' - CCSD's monthly newspaper'Communicator' - CCSD's annual newspaper 'Shareholders Report' - APSD's quarterly newspaper 'New Horizons' - DPS's monthly newspaper 'Partnership' for Deriver area - "Parent Newsmagazine" serving the Denver-Metro area - City of Aurora "Communicator' employee newsletter - City of Aurora 'Human Services Directory' - 'Aurora Sentinel' weekly newspaper - Aurora's 'Gateway Gazette" ='Community Accent' Aurora's neighborhood monthly -'Villager', serving SF. Aurora - 'The Cherry Creek Local' neighborhood newspaper - 'The Squire` South. metro Denver's monthly - Rocky Mountain News (Mini Page?) - Denver Post - AWWA school ed news updates - Media outlets natiom++ide ••2 EPA School Audit Program o Vendor search/product purchases o Retrofits o School Education - Coordinate w/ APS , - Develop presentation strategies/# schools involved - Prepare materials/OR/Teacher training - Presentations o Personnel training -Irrigation auditor training o Outdoor audits/,~:..,$ts o Data development o P.R/data dissemination 12 ~ s '3. Improve school eduction presentations o Update graphic presentations - Randy the raindrop poster cards - Water Vow poster (supports video) - Trivia flash cards 4. Enhance im~olvement with education organizations o Results that benefit City of Aurora o Programs that spread the word (w/o much effort) - less AWWA type meetings - more PR in water related newsletters to ~.r...,e Aurora's efforts - continue networking to learn about funding opportunities o Organizations of interest - Aurora Public School District - Cherry Creek Public School District - AWWA Youth Education Suls",...atittee - Colorado Water Education Foundation - Colorado Alliance for Environmental Education - Colorado Alliance for Science OUTDOOR WATER CONSERVATION '1.Oveisee/Enhance Lawn Permit program o Review Space considerations (try to secure Genty's old office) o Update information packages ` - Brochure update? • Door-bags stuffing party o Distribute program information memo to: - Billing/ Cashiers - Community Assistance (6th floor) - City Council/Directors o Develop/distribute media info (Ellen) - News releases/articles re: ordinance - KCTV Channe128 -Aurora Sentinel - Builders/Developers (pre-packaged info) - Home C+wner's Associations • Supply o~mpanies - Nurseries - Landscape contractors o Advertise position consider CSU internship program o Interview/ select inspectors o Weekly meetings w/ inspector o Season review/overview of program o Continue dBase input of all permits sold - dBase file to track return r:.....:t pur+chasers - Audit/Survey of lawns in Aurora - Water use reduction as a result of Lawn Ordinance o Promote compliance w/ Ordinance - Better communication w/ suppliers of turf ds L/S mat'Is - More PR in area media - Lawn contest? - Gardens tour? o Coordinate results of possible Demo Gazden soil preparations data , 13 T i 2 Xeriscape seminar series o Printing/delivery of bill staffer re: seminars o PSA's/Calendars to: (Ellen) - HOA's ds NA's - Local Newspapers - TV ds Radio •medias? -Local Nurseries - Chamber of Commerce - Aurora Libraries o Update hand-0uts o Copy/collate hazed-out materials for classes o Conduct seminars o Pitch Xeriscape book, plus brochures at seminars more o Follow-up with speaker(s) o Review evaluations o Develop schedule of seminars for pct yeaz o Reserve rooms for next season o Participate w/ MWCI/XCo! promotional efforts 3.1100 Moline Street Xeriscape o Meet w/ current oh~rders o Establish program time-line o Re-establish water-use data gathering o Conduct Maintenance/Planting workshop on-site o Coordinate w/ Water Shop/Horticulture/XCoi/DBG o Introduce program to Lawn Permit Inspector o Gather data o Prepare comparative water-use .ter.,. r o P.R if findings look good •4. Landscape Demonstratio~I'ud & Groundcover Test P1otS//OI~//I-Z?5 Research (Pending State funding for desig~utstallation/contracting) o Coordinate w/ Pazks 6z Recreation o Develop site plans, specs, bid pkg... o Develop signage texts specs, bid pkg... o Obtain approval: - Tom Griswold/Frank Ragan - City Council ' o Contact L/S industry re: donations/im~olvement o Installation o PSA's re: Ground Breaking/Xeriscape gardens o Contact/educate major figures prior to ground breaking o Participate in Ground Breaking - Hose cutting ..~.~...any w/ Mayor o Initiate date gathering o Follow-up - Tours as part of Xeriscape Seminar Series - Maintenance via Horticulture staff/volunteers o Data gathering (2~yrs) 14 1 { 5. Arbos/Earth Day activities o Coordinate Xeriscape exhibits w/ Forestry (Renita) - Mulcher display - Compost display - Xeriscape P~~ ~P~Y (~6~ge/actual) - Mulching mowers - Irrigation professional(s) - Design professional(s) o Tn~e Tour at Aurora's New Ari;,.~. ~:.rm - Coordinate signage w/ Forestry Dept. - Media (Ellen) - Tour •6. Re-establish 1990 Open Spue Irrigation Criteria w/ Parks Dept. o Coordinate communications w/: - Frank Ragan - Tom Barrett -Parks Staff o Develop .~r~.: - Analysis of past/current system status - Assessment of weather station integration - Proposal for future o Submit for in-house aYY..,~al o Submit to City Council for adoption ' 7. Landscape Book o Consider alternatives for implementation o Establish time-line o Coordinate w/ in;~.~oted parties (DW/AWWA/XCo!...) o Seek out funding o JUST DO IT! 8. Follow-up on City Design Guidelines update o Coordinate w/ Planning Dept. (Henry Jackson/Jodi Newton) o Analyze implementation options o Finalize report w/ recommendations o Submit to City Council for adoption GENERAL WATER CONSERVATION '1. Continue Research of ULV Rebates & Xeriscape Incentives o Continue compiling research materials o Consider/incorporate(?) alternatives in .Lr... i - Statewide enforcement - Local ordinance update •2 Organizational Networking/Involvement o Speaking engagements ` o Meeting attendance o Project participation - Colorado Water Utility Courusl - AWWA Youth Education subcommittee - Metro Water Conservation, Inc. • Xeriscape Colorado!/National Xeriscape Council, Inc. - Conference attendance 15 • r r 3. Internal Development o Calendar os season's activities o Program evaluation o Charts di dl3ase . tr w on: - book sales - video sales - presentations -school -xeriscape -general - Information out tours provided - lawn permits issued - wasting water violations issued o Update slide/photo files PUBLIC INFORMATION ••L Seasona~/I'opical PSA's: o Lawn Permit Program o Xeriscape Seminar Series o Indoor/Outdoor Water Conservation tips o Wasting Water Ordinance o Book/Brochure/Video sales o Winter Lawn Care o Lawn Aeration o Mulches o Freezing pipes o Xeriscape (seven steps) o Summer Lawn Burn-out o Deficit Irrigation vs. E.T. o Summer irrigation practices for -Maintenance companies - HOA's/Neighborhood Support Division - Frint media/general 2 Brochure development o Wasting Water form - revised layout - W.C. tips o Aurora's Water Treatment facilities - Wemlinger dz Kuiper Water Treatment - Sand Creek Waste Water Treatment - have available for NDW W - location maps/art - savings statistics/trivia o Lawn I`z....it information brochure ` o Voluntary Lawn Watering Schedule - Indoor/Outdoor Water Conservation tips - Lawn Permit d: Wasting Water Ordinance o Alternate language brochures (Low priority) 16 1 1 3. National Drinking Water Week o Water System Tour (local) - Emphasis on Kuiper Water Treatment Plant - Where Does Your Drinking Water Comes From? (theme) o Displays - Library Display - book marks for adults/kids... - give-away Dolor by number water system art - C.Fi2IvII3ill art, Aurora's water path - Camelot lobby display o Promotions (Ellen) - News Aurora - Sentinel o Hydrant painting contest? - w/ schools - coordinate w/ fire dept. 5. Citizen's Advisory Committee o Develop standing committee o Organize committee r.....~dures o Work through committee goals: - Foster understanding and awareness of Aurora's W.C. programs - Bring a broader base of knowledge and ideas to the Office of W.C. - Promote the goal of efffdent use of water and to maintain current water-use levels - Advise on W.C. program/individual options that r.,....ate individual responsibility over government regulation o Conduct committee o Prepare reports o Submit to City Counal for approval/adoption 4. Upgrade of Ezhibits/Displaye o Randy the Raindrop water treatment process flipchart o Cover back side of folding display w/ velcro fabric 5. Utilities Department Neighborhood Resource notebook o Upgrade o Distribute - Libraries - Neighborhood planning personnel 17 VIL LONGTERM WA i nx CONSERVATION PLAN With the understanding that the Office of Water Conservation must plan in .,.,...:ination with operations, water resources and wastewater divisions, the following long-term plan was developed. It is intended as an array of opportunities from which City Council members and staff may choose from and expand. The list of 'Best Management Practices' are presented with the intention of starting a discussion to be refined, according to local circumstances. LONG-TERM PLANNING BEST MANAGEMENT PRACTICES OUTLINE • ~ programs having minor budget impact ~ programs having major budget impact A. IMPLEMENT WATER PLAN SOFTWARF/PROGRAMMING: o Implement water audit of pre'77 homes in Aurora o Hook into billing system for goal billing information " o Collect data from census and input into billing dBase B. SCHOOL EDUCATION: o Develop water awareness video marketing package • Game Board: Where, What, How about water - Hand Puppet(s) - Finger Puppets - Coloring Book - Flash Cards - Comic Books - Teachers Guide - Stickers/Buttons - Audio Tape o Market video national/local through AWWA or similar o PR/Education staff persons (seasonal-full time) - Specialized individual - All P.R, all programming - More community/organization involvement - Develop/integrate w/ local comet college pgms o Statewide Teachers In-Service Workshop • o Develop/Implement year-round high school activities - Science curriculum exercises (W.C/Xeriscape) - Presentation availability ` - Initiate involvement w/ curriculum development -Utilize apprenticeships for W.C. programs 18 c C. OUTDOOR WATER CONSERVATION: o Lead by Example; all muniapal facilities - Renovate or install w/ Xeriscape rnncepts - Update or install low flow plumbing fixtures o Volunteer Water Conservation patrol (community) o More involvement with Planning/Zoning Depts. - Xeriscape ds Irrigation Design Standards - Commercial/Industrial plans review - Support contractor licensing requirement inns. - More intergovernmental training • o Expand Xeriscape Seminar Program - Video Taped sessions - Regular L/S Tours - Landscape Guidelines marketing o Xeriscape Demonstration Garden installation - More residential cites - Ore Major Commercal site (high profile!) - Turf/Groundcover Demo Plots - Regularly Scheduled Tours - Data development o Update/Promote Xeriscape book w/ major distributor o Enhance Horticulture's community service program D. GENERAL WATER CONSERVATION: o Ordinance development (for emergencies only): - Mandate night-time irrigation - Mandate Soil Prep for commercial sites too - Mandate minimum quality irrigation clocks - Mandate Use of Soil Moisture Sensors di Shut-off units for all irrigation systems - Increase Inspection at all levels - No allowances for Park ds Rec. - Mandate Xeriscape, sod limitations in dead areas of landscapes (i.e., islands) - Plant palette restrictions - Prohibit Once-through cooling - Prohibit water used for cleaning of outdoor wallcs, drives + other hard/expansive surfaces o Rebates (Tax Incentive/Return on r~....its/tap fees) -Low Volume Flush Toilets • - Xeriscape Installations -State of the art meters o Data Development - Water Use in the L/S -Cost analysis of Xeriscape vs Traditional - Safe Demand/Yield 19 l + O Retrofit VldeO O Intergvvernatiental traiiiiitg: - M~.:~ge/Lending Agencies - Community Development Services o Develop rapport with City Council - regular input towards future planning - qualify/establish legal authority - promote r.,,r,. t~s measures/achievements E. PUBLIC INFORMATION: o Goal Billing/More water use infon~nation on bills - GPCPD water-use in laymen's terms - 96 Allocations - W.C. tips/incentives in News Aurora • o Mazket Water System Tours • o Technical Assistance for industry: - Hospitals - Schools - Golf Courses dz CKher L/S related areas - Air Bases - Athletic complexes o Regular availability of fn~e retrofit kits - City Standard of kits - Promote via utility bills o Radio scripts about water facts and saving tips o Promote W.C. on Soap dz Toothpaste packaging o Pocket Calendar o Cross Cultural Communications improvements • o Enhance Poster contest - Diversify format (i.e„ game invention, slogans...) - Involve all grade levels - Coordinate via numerous csvic groups F. ESTABLISH COUNCIL AUTHORTIY & RESPONSIBILITY MEASURE: o GPCPD (where are these numbers ,.,:...:ng from7) o Legal Authority G. RESEARCHfSURVEYS: o Safe/Mutimized water use for fire fighting o Water Re-use/Treatment for large HVAC Systems 20 o Legal use of Greywater o Capture and use of rainfall o Advanced retrofit units o Conservation incentives o Leak detection - qualification standards/minimum experience - update survey o W.C./Xeriscape awareness among citizens o Impact of ULV toilet installations H. DROUGHT RESPONSE SCENARIOS/STRATEGIES: o Establish tri~t.:ng levels o Greater involvement/understanding of water supply system - GIS programs d: opportunities - Return period of water resources in system - Affect of limited release o Step up enf..._t...ent o Inverted Rate structures • o Increased PR re Water Conservation o Voluntary Measures o Home/Self Audits J. M c i rrITTG: o Automation/Centralization/Remote reading • o Meter testing survey - Maintenance frequenry - rehabilitation replacements/updates IG DEVELOPMENT OF FUNDING STRATEGIES: o Grants o Municipal suYr.,.. for 'new' funding ` L. PROGRAM EVALUATION IMPROVEMENTS: o Establish baseline measures of productivity o Establish program evaluation period(s) n Colorado `ater Utility Council 1991 Water Conse~ ration Prograarri Survey ~ ~ g ~ ~ ~ a ~ ~ ~ ~ ~ ~ m ~ ~ ~ g g ~ ~ ~s 5 ~ ~ ~ d ~ o. ~ ~ d " 8 ~ c~ ~ ~ c7 E~ c3 .9 ~ ~ i~ z ii ~ ~ r3 cC c3 E-• Arvada 157 1 2 6 1 1 1 1 1 6 1 1 1 1 1 90,000 Y b.09BG Aurora 160 1 2 1 1 1 1 1 1 1 2 1 1 1 1 222,103 Y 12.79BG Berthoud Z00 2 2 2 3 1 2 3,300 N .23BG Boulder 185 b 1 1 1 5 1 1 1 4 103,000 U 6.62BG Clifton 100 3 3 1 1 1 18,000 N .81BG Colo Spgs 189 1 1 6 5 1 3 1 1 1 b 1 1 1 1 303,900 Y 23.50BG Denver 229 1 1 5 1" 1 1 1 1 1 1 1 1 i 1 926,000 Y ?2.04BG Englewood 180 2 4 4 2 2 2 2 4 4 31,500 N 2.78BG Fort Collins 240 1 1 3 1 1 2 1 2 1 2 1 1 1 1 92,000 U 9.29BG Grand County 160 1 1 2 1 1 1 1 1 1 1 1 1 1 1 15,000 U 0.15BG Grand Junction 19? 3 3 4 1 1 1 1 1 2 2 4 2 2 25,000. N 1.92BG Greeley 316 1 1 3 2 1 1 1 1 1 1 1 1 1 69,994 U 8.06BG Longmont 260 1 2 4 4 2 4 1 5 51,300 U 3.34BG Loveland 126 2 1 2 2 1 1 40,000 N 2.85BG Northglenn 139 1 1 1 1 2 2 2 2 2 27,195 N 1.38BG 1'uebl~ 250 3 3 1 1 3 1 1 Z 2 2 2 1 Z 106,300 N 7.99BG Sn . ~ ~ ;..ass 90 1 1 1 1 1 1 varies N 0.45BG Thornton 126 2 2 2 2 1 2 2 1 2 2 2 2 1 1 74,000 N 4.428G Ute Water Coney. 130 1 3 1 2 2 1 2 2 2 1 1 62,000 N 2.30BG W. Fort Collins 110 ~ , 3 1 1 1 1 2 1 2 2 1 1 80,000 N S.O1BG Westminster 145 3 MATRIX KEY: 1 = Progrema in place Z = F`vture implementation considered pending funds 3 =Highly objectional ' 4 =Starting new progrsm ti = F; ~ : m under evaluation N = No or none Y = Yee U =Under development X91 • i t REGIONAL PER CAPITA WATER USE " ~ AMERICAN WATER WORKS ASSOCIATION 1990 SURVEY UTILITY/CITY POPULATION AVG DAILY GAL PER CAPITA DELIVERY PER DAY (MGD) GLENDALE, AZ 146,000 27.0 184 PHOENIX, AZ 985,000 248.0 251 SCOTTSDALE, AZ 118,000 43.2 366 TEMPE, AZ 145,000 36.0 248 TUCSON, AZ 555,467 88.2 158 ANAHEIM, CA 246,000 64.0 260 BAKERSFIELD, CA 175,000 54.675 312 CHULA VISTA, CA 180,000 23.3 145 FRESNO, CA 360,765 89.9 249 GLENDALE, CA 160,000 27.7 173 HUNTINGTON BEACH, CA 198,000 33.0 166 INGLEWOOD, CA 102,888 17.7 172 LA MESA, CA 226,000 39.4 174 LA PUENTE, CA 200,000 49.1 245 LONG BEACH, CA 416,000 67.5 t 162 LOS ANGELES 3,427,000 621.1 181 OAKLAND, CA 1,100, 000 213.0 193 RIVERSIDE, CA 203,000 52.0 256 SACRAMENTO, CA 347,000 102.0 293 A-2 " PAGE 2 CITY/UTILITY POPULATION AVG DAILY GAL PER CAPITA DELIVERY PER DAY (MGD) SAN DIEGO, CA 1,000,000 204.0 204 SAN FRANCISCO, 732,000 100.0 136 CA SAN JOSE, CA 745,000 134.5 180 SANTA ANA, CA 225,000 45.0 200 SANTA ROSA, CA 110,000 12.0 109 STOCKTON, CA 159,000 31.2 196 WALNUT, CA 115,000 20.22 175 AURORA, C O 230, 000 38.7 168 BOULDER, CO 100,000 18.57 184 COLORADO SPRINGS, CO 292,000 59.0 202 DENVER, CO 704,000 177.0 ~ 251 PUEBLO, CO 106,000 23.0 216 LAS VEGAS, NV 570,000 173.0 303 . SPARKS, NV 155,000 52.0 335 SALT LAKE CITY, UT 286,740 89.0 310 A-3 4 t - STATE AND LOCAL ULV LAWS/ORDINANCES t ~r?t.e Community P~~ve Qate Arizona Glendale 1/1/88 Tolleson 5/1/s8 Tucson 1/1/90 California STATEWIDE ~ 1/1/92 Goleta 1y83 L.A. 7/1/89 Mc~r,terey Penn. 8/13/87 Pataluma 6/6/68 Sebastopol City 4J5/88 Ventura County 3/1990 ' Windsor 9/86 Connecticut STATEWIDE 7/1/90 Delaware River Basin Commission (users) 1/1/91 Delaware STATEWIDE 7/1/91 New York STATEWIDE 7/1/91 New Jersey STATEWIDE 7/1/91 Florida Tarnpa 6/1/90 G¢orgia STATEWIDE 1/91 - Maryland Frederick 5/1/88 Massachusetts STATEWIDE 3/2/69 New York Highland 5/1/89 N.Y. City 1/1/91 Rhode Island STATEWIDE 9/1/90 Washington 5TATEWIDE 7/1/93 penclinq iegi~lation: Oregon T~xa~ Pennsylvania Z/1/91 t A-4 WA i cx CONSERVATION PROGRAMS Aurora, Colorado Office of Water Conservation Established in 1980 All programs (old 6z new) administered by 1S FIE SCHOOL EDUCATION Classroom Presentations provided to Aurora/area schools since 1981 Produced A Water Tale video for grades K 2 in 1990 Developed water curriculum for 4th di 5th grade use in 1988 Member of Colorado Conservation Educators Coalition Member AWWA Youth Education Subcommittee XE3ZISCAPE EDUCATION Co-published LandscaninQ for Water Conservation: Xeriacaue in'80 dt '89 Annual seminar series that targets residents and industry since 198? Brochures and literature available to public Participation with Xeriscape Colorado! Participation with Metro Wafter Conservation, Inc. PUBLIC EDUCATION Speaker's bureau available for community presentations since 1987 Audio/Visual resources available in-house and at Aurora libraries Bnxhures and literature regularly developed and distributed Bill inserts and articles published year-round Annual observance of National Drinking Water Week LANDSCAPE/WASTING WATER ORDINANCES Codes established in 1980 and 1977 .~srECtively All lawns restricted in size .according to lot area r-fOd r•~raration required prior to purchase of r~....it Drought enduring grass species exempt from limitation Enforcement through permitting process and inspection Violators of Wasting Water ordinance are ticketed/assessed fines WA i ric SAVING PLUMBING ORDINANCE Code established in 1977 according bo State Unit Plumbing Code . All new construction requires installation of low flow fixtures (3 to 3.5 ar ~ } PUBLIC vrr.~+T SPACE IRRIGATION MANAGEMENT Automated central irrigation system installed in parks since 1987 Detention ponds utilized to irrigate three pity parks Wells utilized to irrigate two city golf courses Annual savings of over 435 million gallons (1,337 AF/535 acres) Irrigation scheduling coordinated with three weather stations WA ~ cec REUSE Program established in 1971 Reclaimed water used for golf course and tl parks Savings calculated at 121,174,000 gallons (372 AF) in 1969 Average reuse equals 89,905,032 gallons/year/249 acres Reuse master plan developed for future developed areas &1 i ~ SYSTEM WIDE LEAK Dci nCTION Program implemented in 1967 1381eaks located and repaired since initiation 11~ini ci.II~TG All water use in Aurora is 10096 metered Individual town homes metered at r .,:..t of construction since 1964 WAi cic RATES Increasing block rates reserved for drought/emergency use Current pricing structure encourages conservation IIIv 1 rtcGOVERNMENTAI,JORGANIZATIONAL COvrcrATION American Water Works Association Aurora District Elementary Health/Science Curriculum Committee Cherry Creek School District Science R:.r.:~~entatives Colorado Alliance for Environmental Education Colorado Water Education Foundation Colorado Water Utilities Counc~7 Metro Water Conservation, In....rarated Municipal Water Utilities Council National Xeriscape Council, Inco.r.,.~.ted Xeriacape Colorado! FUTURE WAi r~ CONSERVATION PLANS CONSERVATION IIJCEI\TITVE RESEARCH Xeriscape and Ultra Low Flow (ULV) toilet rebates (in progress) Goal Billing program in new billing computer SCHOOL EDUCATION PROGRAM ENHANCEMENTS Development of educational character/game package b supplement water awareness video for grades K 2 Audit and retrofit 2-3 model. schools in Aurora (in pmgress) XERISCAPE EDUCATION PROGRAM ENHANCEMENTS Construction of public Xeriscape Demonstration Garden Installation of turf and groundcover test plots Tours of the new Aurora Bicentennial Arboretum Demonstration gardens/classrooms at schools Production of Xeriscape seminar series on VHS video PUBLIC EDUCATION PROGRAM ENHANCEMENTS Establish Citizen's Advisory Committee Conservation Recognition Program for Residents and Businesses LONG TERM WAt r.~c CONSERVATION PLAN Proactive establishment of conservation program options Inclusion of drought stage alert scenarios Involvement with water supply policy and development planning Supportive of water users rather than restrictive Expanded wastewater reuse and alternative irrigation sot_:~s. B-? 1 A Aurora Water Conservation Efforts Chart indicates % focus/program School Etlucetlon 26% XerlecsDe 20% ~v Plsnninp/Atlmin. 10% ~ ~ "!!'~IIII~Ii~i~I~I ~iii'r' Other• 5$ Public Informetlon 10% Ortlinsnce Atlmin. 6% CooDerstive Elforte 20% w.C. Stutliett 6% • Includes one-time p?opnfnfninp efforts Yearly Book Sales L/S for Water Conservation Xeriscape Thousands 6 4 3 I 2 i... , . 1 ~ • I 0 ~ i ~ -r ~ r 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Ysar ® First Edition ~ Second Edition 1/92 ~ Presentations ~ to Schools 1985 - 1991 Students 3500 3155 3000 2500 2225 1969 ~ 2000 1500 1267.......-•1148 ~ i .......893..... .......850.... 1000 ~ i i 500 0 1985 1986 1987 1988 1989 1990 1991 Year 1/92 Xeriscape Seminar Attendance Aurora, c0: 1987 - 1991 ~ Attendants T00 b55 800 / ~ 600 ..........-•345........ 400 / ~ .......................................................250 300 ~ 200 $6....... 100 7 ~ 0 1987 1986 1989 1990 1991 Year B~ ' Average Annual Per Capita Water Use (GPCD) City of Aurora, Colorado 190 • 180 _ . _ . _ . _ _ _ _ _17s . _ . _ _ t77 174 . 172 170 _ _ . _ _ _ 166 166 167 1 ~ 165 O 1 ~ 165 a 160 ~ 161 v 158 m 156 c 149 ~ 150 _ _ . . . . C7 147 ~~...•148 145 140 131 130 ~~129 _ _ _ _ _ 125 120 I I I I I I I I I I I 1 t I I 1 I i I 1 I ti ti ~ ~ ti ~ ti ~ aho ~ a$ c aNO ~ aD ao a0i c~u a0 °aD ~i . o~ a rn rn rn v? o, rn rn rn rn rn rn rn rn rn rn rn rn rn r r r r r r r r r r r r r r r r r r Year f 1991 pROGRAK SIIDGET OIITLINE BITPPLIEB .................................$6,750 General Operating ..................4,650 School Education.........2,400 a. Teaching Materials..1,400 b. Promotional.........1,000 General Office .....................2,100 Computer Software..........250 Misc. Supplies...........1,850 SERVICES i CBARGEB ........................4,800 MWCI Promotional Fund.........1,000 Speaker's Honoraria...........1,500 Professional Displays.........1,000 Reproductions, etc ..............700 Art Media Services ..............600 COI~IIINICATIONB (phone) ......................300 TRANSPORTATION ..............................700 TRAINING i CONFERENCES ....................1,580 Regis./Tuition ..................530 Water Resources Conf.....220 Colo. Water Cong..........90 WQ Workshops ..............65 ALCC Conf .:..............120 RMRTurfgrass Conf.........65 Colo. Nurseryman's........20 CSU Turf Field Day........15 BRINTING is BINDING .......................14,050 City Print Shop ...................12,450 Bill Snserts.........•...1,500 Brochures ...............4,000 Annual Report...........2,500 Flowline (4 issues).....1,200 Pipeline (12 issues)....1,800 NDWW ......................750 Misc ......................700 DIIEB i 8II88CRIPTIONB ........................700 CAPITAL OIITLAY ............................1,000 pROGRAI+i TOTAL (PIIH. INFO./BAYER CONBV.?..29,880 &6 Cifl w AURORA WATER F ' ._AMAI ~~N ~ REUSE 1990 EFFLUENT REUSE REUSABLE AU(BIENTE0/ EFFLUENT EFFLUENT EFFLUENT TREATED EFFlUEN1 TREATED T01A1 EFFIUENi CTTr EFFLUENT EXCHANGED TO TO TO IN-CITY E1CHANGED UTIlI1E0 REUSED RELEASED MONTH AT METRO Al SAND CREEK TREATED OONSUNPTiON AYAIlABIE TO MEIIS THORNION ARVADA CC1fCD REUSE TO SPINNEr EffIUENT Br AURORA TO RTYER IAF) IAF) (AF) (AEI iAFI (AF) (AF) IAFI IAFI IAFI UFI IAFI IAfI UFI JANUARr ; 1.912 224 2,196 1,865 1,116 232 0 89 0 0 0 321 232 1,155 FEBRUARY ; 1,199 206 2.005 1,691 1,109 294 0 80 0 0 0 311 294 135 MARCH ; 2,139 1 2,146 1,895 1,166 502 0 69 0 0 0 591 502 1,115 APRIL 2,092 212 2,304 2,314 923 494 0 0 0 11 0 505 505 118 MAY 2,112 225 2,331 4,418 1,239 505 0 0 0 51 0 562 562 611 JUNE 1,688 211 1,905 6,21i 1,283 418 30 0 63 90 60 121 628 562 JUIr 2,156 229 2,385 5,289 1,108 361 218 0 138 , 61 246 1,698 680 12 n ~ AUGUST ; 2,265 223 2,488 4,563 1,136 296 238 0 922 42 238 1,.136 516 0 SEPTEMBER 2,153 198 2, 351 4, 394 1, 285 190 59 0 565 53 59 926 302 359 OCTOBER 2,208 210 2,418 2,541 1,144 164 0 0 0 19 0 183 183 1,261 NOVEMBER 2,113 200 2,313 1,651 1,361 2T5 0 65 0 8 0 318 ?83 1,019 OECf18ER 2,183 202 2,385 2,081 1,111 290 0 68 0 0 0 358 .290 1,353 • TOTAL 24,880 2,352 21,232 39,244 11,341 4,091 605 391 2,288 341 603 8,321 5,031 9,026 MONTHLY AVE ; 2,013 196 2,269 3,210 1,146 311 50 33 191 29 50 693 120 152 DAIIr AVERAGE; 31.1 3.3 31.6 54.2 21.0 S.1 .8 .5 3.1 .5 .8 11.5 1.0 12.5 F1011 ICES) ; 1 OF REUSABLE; - - - - 23.61 3.51 2.31 13.21 2.01 3.51 18.01 29.01 52.OX EFFI. AYAII.; November 29, 1989 MEMORADUM To: Chuck Haight From: Gary Edwards Subject: Leak Detection Savings Attached is savings from Leak Detection from November of 1985 to May of 1988. The time period from May of 1988 to October of 1989 is the information being added to the previous cost savings. In addition, cost savings from two special Leak Detection jobs were figured separately. These two jobs were done for Parks Department at Del Mar swimming pool, and Aquavista swimming pool, saving Parks department a large sum in repair costs. Cost Savings Nov. 1985 -May 1988 $37,050.60 Cost Savings May 1988 -Nov 1989 $ 9,873.03 Savings on 87 leak pinpoints (Pinpoint savings) Machine was in France for 3 months (regairsl during this period Cost Savings May 1988 -Nov 1989 $21,935.00 (Special Request) The special request savings were figured on cost of repairs to Parks based on "search and destro~•" method the contractor would have had to use to locate the various leaks at both swimming pools. B~• locating the leaks e.~actl~•, a lot of concrete removal and replacement was not necessar~•. ~~(1`Ul) Cl Gary rds Supervisor I cc: kim Hout Doug Zimmerman ; • ~ 1C~' ~ JiJ Chuck Haight ~ ~ - ~ ~ File ~~c. ~ ` n , ` ~ C-2 . Aurora ~ertiar Water Reclamation Y 1971 - 1989 Millions 140 120 100 80 w 60 ~ , 40 20 0 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Tertiary Flow 3/91 UTILITIES ~ 39.7? ~ Sec. 39-?2. Fire hydrants-Right of use. It shall be unlawful for any person to connect or in any way draw water fi any fire hydrant located within or without the city which is served by city water unless such person has first obtained a permit issued by the director of utilities or his duly authorized representative designating the fire hydrant to be used for a spec period of time. (Code 1963, f 5-2-5) Sec. 39-?3. Same-Discoanection. It shall be unlawful for any person to disconnect or in any way disrupt the flow of water to any fire hydrant located within the city unless such person has first notified the fire department and designated the fire hydrant to be disconnected or disrupted ?or a specific period of time and advising the fire department when the disconnection is to be made and when water service is restored to the hydrant. (Code 1963, § 5-2-5.1) Sec. 38-74. Damaging of structures or equipment. It shall be unlawful for any person to maliciously, willfully or intentionally break, damage, destroy, deface or tamper with any structure, appurtenance or equipment, which is part of any water main or connection. It shall also be unlawful for any person to tamper with or knowingly render inaccurate any water meter. ~g device required under this article. Sec. 39-?b. Penalty for violations. Any person violating any provision of this article or the rules and regulations of Lhe water division of the utilities department promulgated by the director of utilities shall be subject tc, the penalties of section 1-14. Upon a second conviction in addition to the penalties of section 1-14, the municipal court shall order termination of water service to the premises, and the person found guilty shall post a cash bond with the director of utilities in the sum ~f one hundred fifty dollars (150.00) in order to obtain restoration of the water servic :s, such bond to be conditioned that for any subsequent failure to pay a utility bill when presented, the director of utilities may forfeit all or any portion of such bond necessary to satisfy such utility billing. (Code 1963, ~ 5-2-6) DIVISION 2. REGULATION OF WATER USE Sec. 38-76. Rules and regulations. It shall be the duty of the director of utilities to promulgate such reasonable rules and regulations not inconsistent herewith, ae may be necessary to promote and facilitate maxi- mum utilization of water and discourage and prohibit waste of water. Such rules and regula- tions will provide emergency procedures for situations where conditions affecting the water delivery system will require immediate shut-down or immediate curtailment of certain water uses. Such rules and regulations shall have full force and effect when published pursuant to the terms of sections 1-13 and 39-?7 of this Code. (Ord. No. 64-174, 4 1,1-?-85) Sec. 39.77. Procedure during water shortage. (e) Upon a finding by the city council or, in the face of imminent danger the city manager, that the city is facing a shortage in its supply of water, or facing a problematic situation in regard to its capacity to supply water, council or, in the proper circumstance the city manager, shall have the authority to institute rules and regulations affecting the uses Sapp. Na =1 Q1 ~ 89-T7 ~ AtJBORA CODE I and times of use or even to prohibit} if necessary, all aondomestic uses of water served by the water delivery system. (b) Such rules and regulatiozta promulgated as a result of city council action under subsection (a) hereinabove shall have full force and effect and be enforceable when published pursuant to the terms of section 1-13 of this Code, and shall continue in effect until such time as the water shortage or delivery system problem is found by council to have ended and notice thereof has been published pursuant to section 1-13 of this Code. (c) Such rules sad regulations promulgated as a result of the city manager's action under subsection (a) hereinabove, when published pursuant to the terms of section 1-13 of this Code, shall have full force and effect and be enforceable until such time as the city council, meeting in regular session, advises the city manager as to what revisions, if any, it might wish to make to the rules and regulations. Any such revisions shall take effect and be enforceable when published pursuant to section 1-13 of this Code. Should council not advise the manager to revise the rules and regulations, those rules and regulations promulgated by the city manager shall remain in effect and be enforceable. All such rules and regulations, and revisions thereto, promulgated by the city manager shall continue to remair, in effect until such time as the water shortage or delivery system problem is found by council to have ended and notice thereof has been published pursuant to section 1-13 of this Code. (d) Such rules and regulations shall apply to all areas served by the water delivery system. (Ord. No. 84-174, 4 2,1-7-85) Sec. HS-?8. Lawn irrigation. (e) Waste Waste of water shall not be permitted. Waste of water is defined as, by way of illustration but not limitation: Continuous application of water to lawns or sod resulting in ponding or the flowing of waste water into drainage or storm drainage facilities; failure to repair irrigation system units which are leaking, application of water intended for lawn irrigation to impervious surfaces and all other applications of water which do not result in beneficial use of said water. Violators of this provision regarding waste shall be subject to the enforcement provisions set forth in subsection (b) below. (b) Enforcement The person or entity billed for water service to any given premises, whether owner or occupant, shall be responsible for compliance with the aforementioned conservation measures and violators of said conservation measures will be subject to the following actions and penalties: . (1) In the event of a first violation, the person or entity billed will be s:dvis+ed is writing of said violation and a twenty-five-dollar charge will be added to the . water bill for said premises. {2) In the event of a second vioLtion at the name premises, the peon or entity billed will be advised in writing of said vioLtion sad afifty-dollar cbarie will be sdded to the water bill for said premises. t (3) Ia the event of a third or ,nay subsequent vioLtion at the sasae premises, the ' person or entity billed will be advised in writing of said violation sad a one hundred-dollar charge will be added to the water bill for said premises. (4) In the event of a third or arty subsequent violation at the same premises, the director of utilities may choose to suspend service in which case the person or entity billed shall post a bond with the director of utilities in the sum of one hundred and fifty dollars (1150.00) in order to obtain restoration of servla, said Sapp. No. itl . az IJTILi i ~,S ~ 89-80 1 bond to be conditioned upon compliance with the :hove conservation measures. Failure to ~~,...ply shalt result is forfeiture of the bond. (5) Appeals of such penalties may be made pursuant to the appeal proosdure set forth in section 39.88. (c) Director of utilities. The director of utilities or his assignee is hereby empowered to enforce all provisions of this section. (Ord. No. 80-159, ~ 1, 10-27-80; Ord. No. 81-43, ~ 1, 4-fi-81; Ord. No. 82-184, ~ 1, i1-1-82; Ord. No. 84.174, $ 3, 1-7$5) Bea Ss-79. Definitions. For purposes of this division the following definitions shall aPP1Y Accroro water supply delivery ayate~n shall be defined as all those systems of water delivery owned, operated, and maintained by the City of Aurora and all other delivery systems which are supplied water by the City of Aurora. Laren, tur/ or sodded areas shall be defuzsd as those areas primarily devoted to the CultlVatiOA Of any species Of ~rati. Lot area shall be defined as the gross aQuare footage of nay lot without regard to water impervious improvements such at driveways, sidewatlu of bLclrtops or any structures erected thereon. PBG shaII refer to planned building group as described in section 41-582 of this Code. PCZD shall refer to planed community toned districts v described is es+ctioa 41-629 of this Code. PUD shall refer to planned unit developments as described in section 41.603 of this Code. Soil preparation shall be defined as the addition to existing soil of a minimum of three (3) cubic yards (a layer one-half to one inch deep) of organic matter and ten (10) pounds of treble superphosphate (0-46-0) or equivalent per one thousand (1,000) square feet of pervious area, introduced by tilling, discing or other suitable method to a minimum depth of six (6) inches. Acceptable organic matter will include compost, peat moss, aged manures, aged sawdust, or any combination of the above. Unacceptable materials will include, but are not limited to, sand, gypsum and lime. (Ord. No. 80-47, ~ 1,.11-24-80; Ord. No. 81-?2, ~ 1, 6-1-81; Ord. No. 84-174, § 4, 1-7-85) Sec. 39.80. Exemptions. It shall be the duty of the director of utilities to promulgate a list of drought•tolerant grass species and acceptable mixtures of such species. This list will be updated as research and experience indicate such a need for revision. Areas devoted to the cultivation of those listed species and acceptable mixtures will be exempt from the area limitations set forth in section 39-81 of this Code. The list and any subsequent revisions shall have full force and effect when published pursuant to the terms of section 1-13 of this Code. Parks owned, maintained and operated by the city or any other governmental entity, as well as areas owned and maintained by school districts, shall be exempt from the provisions of this division provided such entities present to the utilities department a water conservation plan for their particular area. 8upp. Na Sl O-~ c 4 89.80 AURORA CODE No provision of this division shall apply to any lawn, turf, or nodded areas in ezistence prior to the effective date of Ordinance No. 80.4?, ezcept where ouch prior ezistiag areas are to be enlarged. (Ord. No. 807, ~ 1,• 11-24$0; Ord. Na. 81-?2, 4 2, 6-1-81; Ord. No. 84174, 4 5, ' 1.7.85) Sea 59.81. 8e~ulation of arena devoted to Ia~vn.•tnrior sodded areas. It ahaU be unlawful for any person, firm, public entity or corporation, either for profit or nonprofit, using water supplied by the Aurora water supply delivery system, to install or develop any lawn, turf or sodded area, to enlarge any ezisting lawn, turf, or sodded area, without first having conducted soil preparation and obtained a permit from the director of utilities of the City of Aurora, for such installation, or enlargement as is provided herein. The provisions of this section shall be applicable to installation, or enlargement 'of any lawn, turf or sodded area irrigated by watei delivered through the Aurora water delivery system. For purposes of this section a rebuttable presumption will exist that it is the person or entity billed for water service to any given premises who is responsible for compliance with the aforementioned soil preparation and permit processes. (a) Lawn, turf or sodded area limitations (1) . For areas covered by planned unit developments, where the underlying zone is not R-A, R-E, R-O, R-1 or R-lA, and for all planned community zone districts residential planning areas designated by the general development plan to have six and zero tenths (6.0) units per acre or more. Such development may not devote more than fifty (50) per cent of the required development open space to the cultivation of lawn, turf or sodded areas composed of grass species which do not appear on the drought•tolerant grass lint prescribed by section 39-80 of this Code. (2) For all other residential zone districts, including planned community zone dis- trictplanningareas with less than sin and zero tenths (6.0) units per acre; for Iota with lot areas up to and including seven thousand 07,000) square feet,. two thousand (2,000) square feet plus thirty (30) per cent of the increment of the area which exceeds two thousand (2,000) square feet may be devoted to lawn, turf or sodded areas composed of grass species which do not appear on the drought- tolerant grass list prescribed by section 39-80 of this Code; for lots with areas exceeding seven thousand (7,000) square feet, but having no more than seven- teen thousand (17,000) square feet, three thousand five hundred (3,500) square feet plus fifteen (15) per cent of the increment of the area which ezceeda seven • thousand (7,000) square feet may be devoted to lawn, turf or sodded areas composed of grass species which do not appear on the drought-tolerant green list prescribed by section 39-80 of this Code, up to a maximum five thousand (5,000) square feet; for lots with areas ezceeding seventeen thousand (17,000) equate feet, fifty (50) per cent of the lot area not used for structures or parking may be devoted to lawns, turf or sodded areas composed of grass species which do not appear on the drought-tolerant grass list prescribed by section 39-80 of this Code. (3) For commercial, industrial and office zone districts and for commercial, indue- trial and office areas within I?CZD which are required to provide landscaping totaling fifteen (15) per cent of lot coverage, fifty (50) per cent of any landscaped area required for lot coverage to be devoted to lawn, turf or sodded areas com- posed of grass species which do not appear on the drought-tolerant grass list prescribed by section 39-80 of this Code. 8upp. No. 41 . D-4 ~ ~ r r May 12, 1983 _ MEMORANDUM ~ ' To: Gail Johnston Oeputy City Clerk From: C. A. Wemlinger Dir. of Utilities Subject: Regulation of Areas Devoted to Lawn, Turf or Sodded Areas - Municipal Code Section. 39-81 In accordance with the provisions of the Aurora Municipal Code, Sections 39-81 (c)(1) and 39-81 (c)(2) relating to inspection and enforcement of the captioned Code regulations, and empowering the director of utilities or his designee to inspect and enforce the regulations, by this memo the following shall be considered -my designees. 1. Customer Service Superintendent 2. Water Conservation Specialist 3. Customer Service Worker I's These designations shall remain in effect until modified or rescinded by the director of utilities. ~A. Wemlinger CAW/mbh cc: Griswold- Cowan Dingess rte, File copies (2) v r'"• ~ Broom r, ~ ~ ~Stf~ i~i~F:i J , i^~ ` :in D-3 c ~ , tJT'II,i i ar.S ~ 39-83 !4~ The city manager or his designee shall have the authority to grant exceptions to the foregoing limitations. Such exceptions may be granted in the sole discretion of the city manager, or his designee, upon a showing of hardship or extraordinary circumstances, providing the person or entity applying for such exception pres- ents an acceptable water conservation plan with the application for an exception. lb) Obtaining permits: ~1? Applicants shall submit a site plan on a form supplied by the city, together with their application for a permit which application shall set forth applicant's name, the address of the lot, size of the lot area, soil preparation heretofore undertaken, size of the area entitled to be devoted to lawn, turf or sodded area and date on which water is to be first applied to such area. (2) Application for permits and site plans, accompanied by a permit fee of ten dollars ($10.00) shall be submitted to the utilities department, which department shall determine whether applicant's plan meets the specifications hereinabove out- lined and which department shall, upon such determination, issue the permit. Upon issuance, the permit shall be prominently displayed so as to be visible frori a public street. Permits shall be nonextendable, nontransferable and nonrenew- able. Those holding approved PBG and PUD plans will not be required to pay the ten-dollar ($10.00) permit fee. (el En foreement and penalty: (1) The director of utilities of the City of Aurora, or his designee is hereby empow- ered as the person responsible for enforcement of the provisions of ihis division. (2) Whenever it becomes necessary to make an inspection to enforce any of the provisions of this division, or whenever the utilities director or his designee has reasonable cause to believe there exists, upon any premises, any violation of the provisions of this division, the utilities director or his designee is hereby authur• ized to enter such property at any reasonable time to inspect the same anti perform any duty imposed upon the utilities director by this division provide that he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor. (3) Penalty. Every person, firm, public entity or corporation found guilty of any violation of any of the provisions of this section shall be subject to the penalties set forth in section 1.14. i0rd. No. 80-47, § 1,11-24.80; Ord. No. 81-72, § 3, 6.1-81; Ord. No. 81.253, § 1,12.14-81; Ord. No. 82-184, § 2, 11-1-82; Ord. No. 84.174, § 6, 1-7-85) Sec. 39-82. Reserved. DIVISION 3. RATES AND CHARGES Sec. 39-83. Service connection fee. (a) A service connection fee shall be charged for each tap on the city's water system, in accordance with the following schedule: Service Connection Singlesfamily Single~family Commercial Sise (inches) Detached Attached Multifamily and Industrial % and ~ 5,830.00 $ 4,080.00 ~ 4,500.00 a 6,410.00 1 12,050.00 8,370.00 11,500.00 13,150.00 1'~ 12,900.00 16,550.00 25,550.00 28,850.00 Supp. No. 41 1 ; 9.94 AURORA CODE (4) Trailers sad mobile waits. (5) Portable buildings. • . (6) Temporary wiriag. (Ord. No. 84.46, § 4, tr21.84) Secs. X85-x100. Reserved. ARTICLE IV. PLUMBING CODE• Sec. 9.101. Adoption of Uniform Plumbing Code. The Uniform Plumbing Code of the International Association of Plumbing and Mechan• ical Officials, a 1985 edition, with appendices and installation standards attached thereto, hereinafter referred to as the U.P.C., is hereby adopted with amendments as hereinafter set forth. Copies of the U.P.C. are available for inspection at the office of the city clerk of the City of Aurora. (Ord. No. ?9.136, $ 2(7.8.1), 11-5-?9; Ord. No. 82.132, 4 1, 8.9.82; Ord. No. 85.206, ~ 1,12.23.85) Charter reference-Codes adopted by reference, ; 5.9. State law reference-Ordinance codes adopted by reference, C.R.S. 1973, $ 31.16.201 et seq. Sec. 9.102. Admiaistrstive authority. Section 20.1 of the U.P.C. is hereby amended to read as follows: Wherever the term administrative autharsty is used in the U.P.C., it shall be con- strued to mean the chief building official or his duly authorized representative, author- ised by law to administer and enforce the provisions of the plumbing code as adopted or amended. (Ord. No. 79.136, ~ 2(7.6.2), 11.5.79) See. 9.109. Cost of permits. The schedule of fees in the U.P.C. is hereby deleted in its entirety and section 20.7 of the U.P.C. is hereby amended to read as follows: Every applicant !or a permit to do work regulated by this code shall state in writing, on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. Such applicant shall pay for each plumbing permit issued at the time of issuance, a fee as set forth in the approved schedule of tees. Any person who shall commence any work for which~a permit is required by this code without first having obtained a permit therefor shall, if subsequently permitted to ohtain a permit, pey double the permit tee reed by this section for such work; provided, however, that this provision shall not apply to emergency work wf *'t it shell be proved to the satisfaction of the administrative wthority that s~.; work was urgently necessary and that it was nat practical to ob4in a permit therefor before the commencement of the work. In all such cases a permit -Cross references-Mobile homes to comply with plumbing code, !1 24.20; water, ~ 39.68 et seq.; wastewater control, i 39.98 ct seq. 6upp. Na 25 D-7 ~ f 9-106 AURORA CODE underground lawn sprinkling system and shall save harmless the city from any liability arising out of the installation and maintenance of such ands, and lawn sprinkling system. All rights and privileges acquired under the provisions of underground lawn sprinkling systems on public rights-of•way are mere nvocabie permits and may be revoked at any time by the director of public works. Filial fee for said revocable permit shall be three dollan (:3.00) payable at the time of issuance of said permit. (Ord. No. ?9-136, $ 2(?-8-6), 11.5.79) 6ec. 9`106.1. Reserved. Editor's note-Section 906.1, "Fullway valves;' an amendment to $ 1005(b) of the 1982 U.P.C., derived from $ 2 of Ord. No. 81.180, adopted Oct. 12,1981, was repealed by ~ 3 of Ord. No. 85.206, adopted Dec. 23,1985. Sec. 9-107. Drainage system materials. Section 401(ax2) of the U.P.C. is hereby amended to read as follows: ABS and PVC DWV piping installations shall be limited to Type III N and VN structures except that ABS and PVC DWV piping may nat be installed within exterior walls of Type III N structures. (Ord. No. 85.206, ~ 4,12.23.85) Editor's note-Prior to repeal by $ 3 of Ord. No. 85-206, $ 9.107 pertained to under- • ground water pipe installations and derived from Ord. No. ?9.136, $ 2(7-8•?), adopted Nov. 5, 1979; Ord. No. 82.132, $ 2, adopted Aug. 9, 1982; and from Ord. No. 83-I5, $ 1, adopted Feb. 7,1983. 6ec. 9.108. Vents and venting materiels. Section 503(aX2) of the U.P.C. is hereby amended to read as follows: ABS and PVC DWV piping installations shall be limited to Type III N and VN structures except that ABS and PVC DV~~ .piping may not be installed within exterior walls of Type IlI N structures. (Ord. No. 85.206, $ 5,12.23-85) Editor's note-Prior to its repeal by ~ 3 of Ord. No. 85.206, $ 9.108 concerned building sewer installation and derived from Ord. No. 79.136, $ 2(7.8.8), adopted Nov. 5,1979; Ord. No. 82.132, $ 3, adopted Aug. 9,1982; Ord. No. 83-15, $ 2, adopted Feb. ?,1983. Bec. 9-109. Rater conservation. (a) All new plumbing fizturee and any replacement plumbing t:lures shall comply with the following standards of water use: Uie JKazirnurri number o/ goltoru Water closets, tanZt type, per Dwh 3.5 Water closets, flwhometers, per tlwh 3 Urinals, per Awh $ Shower heads, flow per minute $ Private sink and lavatory faucets, . flow per minute 3.5 6upp. Na t5 D-8 • ; , I i ~ 9.111 AURORA CODE ' - Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the work authorized• by such permit is nut commenced within one hundred twenty (120) days from date o! ..issuance of such permit or it the work authorized by such permit is suspended or .abandoned at any time after the work is commenced for a period of one hundred twenty (1201 days. Before such work can be recommended, a new permit shall be first obtained and the fee shall be one•half the amount required for a new permit !'or such work, provided no changes have been made or wilt be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year." (Ord. No. 78.136, ~ 2(?-8-11), 11.5.79) Sec. 9.112. Boazd of sppeals. Section 20.14 of the U.P.C. be and the same is hereby deleted in its entirety. (Ord. No. 79.136, ~ 2(7.8-12), 11.5.98) Sec. 9.119. Deletions of certain sections. Sections 708 (industrial intercepto» and separators), ?09 (slaughterhouses, packing establishments, etc.), 710 (minimum requirements for auto wuh rack), 911 (grease interceptors) and Table 7.2 of the U.P.C. be and the same are hereby deleted in their entirety. (Ord. No. 79.136, S 2(7.8.13), 11.5-79) Sec. 9.114. Rork not requiring a permit. Section 20.5 of the U.P.C. is hereby amended to read as follows: A plumbing permit shall not be required for the following: (81 Repair work for the stoppage of leaks in drains, soil, waste or vent pipe; provided, however, that should any drainpipe, soil, waste or vent pipe be defective and it becomes necessary to remo~•e and replace the same v?•ith new material in any part or parts, the same shall be considered as new work and a permit shall be procured and inspection made as hrreinbafore provided. (b? Cleaninb of stoppages or the repairing of leaks in pipes, valves or fixtures. (c) Repair or replacement of: _ (11 Faucets (2) Traps (3) Hose bibbs and sillcocks (4) Tail pieces or P O plugs (51 Fleshings l6) Fixtures and/or component parts or fixtures (7) Dish~•ashers, garbage disposals, and refrigerators connected to the water sup- ply. (Ord. No. 85-206,16,12.23-85t Editor's cote-Prior to its repeal by 1 3 of Ord. No. 85-206, ~ 9.114 concerned use of copper tubing, and derived from 14 of Ord. No. 82.182, adopted Aug. 9,1982. fiec. 9.115. Reserved. Editor's note-Section 9.115, concerning chlorinated pol~•cinyl chloride pipe. as derived from 4 5 of Ord. No. 82.132, adopted Aug. 9, 1982, was repealed by Ord. No. 85.206, 1 3, adopted Dec. 23,1985. , Supp. Na ?,5 ag APg~IX E r ~ ~ i 1 BIBLIOGRAPHY & RErrxENCES AWRA -Colorado Section and Metro Water Conservation, Inc. 'Water Conservation Potential and Limitations' AWRA„ February, 1990. American Water Works Association. ~ner¢v and Water Use Forecasting, An AW WA Resource Book. American Water Works Association, 1980. American Water Works Association Water Conservation Strate¢ies. An AWWA Resource Book. American Water Works Association, 1980. Colorado Water Resources Research Institute. •25 Years of Research, Training, and Scientific Publications.' , Colorado State University, March 1990. Califonna Dept of Water Resources. Urban Drou¢ht Guidebook. California Dept., March 1988. City of Phoenix, Water Conservation and Resources Division.'Water Conservation Guide for Business and Industry " City of Phoenix, May 1990. Lohman, Loretta. 'How Water Conservation Could Work' 'Colorado Water' newsletter. Colorado Water Resources Research Institute, Colorado State University, July 1990. Maddaus, William O. Water Conservation. American Water Works Association, 1987. Minton, Jonas. "Ay«...ent Reached on Urban BMP's.' 'Water Conservation News.' California Dept. of Water Resources, December 1990. Proceedings of CONSERV 90, The National Con:. ~..ae and Exposition Offering Water Supply Solutions for the 1990's. American Society of Civil Engineers, American Water Resources Association, American Water Works Association, National Well Water Association. August 12-16, 1990. E-1 r ? ~ i RESOLUTION N0. R92-01 A RESOLUTION ADOPTIPIG REVISED POLICIES ON WATER iC;L'ISITION AND DEVELOPMENT FOR THE CITY OF AURORA, COLORADO WHEREAS, the City of Aurora, Colorado (the "City"), has long-standing policies on the acquisition and deve]opment of water resources; and • WHEREAS, the reduced rate of growth in the City and the increased risk associated with traditional water development projects has caused the City to reevaluate its current policies; and WHEREAS, the City's parti^ipation in major water development projects and joint water development efforts needs to be thoroughly reviewed and analyzed; and WHEREAS, special consideration must be given to promoting enhanced water conservation programs and improving the City's image as an environmentally-conscious water provider; and WHEREAS, the Revised Policies on Water Acquisition and Development address each of these issues, thereby F~roviding the City with a framework for meeting the challenge of providing water to its citizens in the 1990's and beyond; and WHEREAS, in light of thew considerations, City Council finds and determines that the adoption of said Revised Policies is in the best interests of the citizens of the City. NOW, THEREFORE, BE IT RESJLVED BY THE CITY COUNCIL OF THE CITY OF AURORA, COLORADO: That the Revised Policies on Water Acquisition and Development for the City of A,lrora, Colorado, as authored by the Department of Utilities, are Hereby adopted by the City. All, prior policies of the City regarding water acquisition and development are hereby reseinc]ed. RESOLVED AND PASSED this 6th day of January , A. D. 19~? AT'T'EST: PAUL E. TRUER, Mayor DONNti L . YOUNG, C ~ Y C `e • ~ ~ APPROVED AS TO FORM: Ji i.~.-• ; rwad ( / ~ r Revised Wader Acquisition and Develop>ment Policies December, 1991 1. Water Conservation Policies a. To maintain present per capita water usage le~~els in all customer classes. b. To reinforce and st~~~ngthen the wise use of water among Aurora citizens. c. To provide options for water conservation that promote individual responsibility over governmental regulation. d. To provide guidelines for developing and evalu=sting water conservation programs. 2. Prior to entering into large traditional water projects, Aurora shall analyze major project barriers such as permitting, basin of origin compensation, as well as technical feasibility. 3. A Water Supply Plan will 1..e prepared every 5 years a!ith annual status updates. This report will present the water resources development program for a 30-year horizon. 4. At the beginning of each ,ri-year period, it will be the goal to have surplus supplies sufficient to serve 50,000 new residents. 5. The goal of the Utilities Department will be to .I~:velop new water supplies every 10 years with an average annu:~l yield of 10,000 acre-feet per year. 6. It shall be the goal to, at all times, maintain a minimum of 10,000 acre-feet per year in its near term development program and 20,000 acre-feet in its long-term development program. 7. The primary use of Aurora's entitlement to Denver Basin groundwater will he reserved for drought protection. 8. Ancillary uses of Denver ~3asin groundwater may be for initial service to outlying areas and replacement of evaporation losses. t 9. Aurora will encourage tha use of alternative wat~.r supplies such as treated effluent and Denver Basin groundwater for irrigation of parks and open spaces. h 1 Y 4' 10. Any new well withdrawing water from the Denver Basi~i Aquifers for use within the Aurora City limits will require specific authorization from the Cit,,• Council. 11. All available rights to water in the Denver Basin Aquifers underlying any property to be annexed to Aurora must be transferred unencumbered to the City at the time of annexation. 12. The City shall continue to explore agreements with other entities to expand water supply while maintaining control to the extent feasible. 13. The Utilities Department r:hould maintain and further develop a positive public image to Promote goodwill for Auror:~ and the Department through its programs to reach the public on water utilities issues. 14. Delivery of raw water and expansion of water and sev--°^r networks shall be planned to meet City requirements. 15. Tt~e Water Fund shall be fu~:ded entirely through user fees. 16. Aurora shall maintain tap and development fees ~.t a level sufficient to fund the cost of growth related to infrastructure inclusive of water development and acquisition costs. 17. Water and sewer service :,hall not be provided to properties outside Aurora boundaries ~~n a permanent basis. 18. Alternative water source:; shall be used for irrigr~i.ion where practical. 19. Reuse of treated wastew:~ter shall be included in master planning of new areas. 20. Water quality in Aurora reservoirs shall be protect:^d against degradation. RECEIVES AtlG 1 0 1992 DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND MIKE BRAKE GREG HALL MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCHOLL CAROLINE FISHER JIM HOZA DAN STANEK ANNIE FOX UD DE~'© LEO VASQUEZ JOHN GALLEGOS JOE KOCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND LARRY ESKWITH PETE BURNETT TODD OPPENHEIMER KEN HUGHEY JODY DOSTER MANUEL MEDINA FILE MEMORANDUM T0: RON PHILLIPS, TOWN MANAGER FROM: LARRY GRAFEL, DIRECTOR OF PUBLIC WORKS/TRANSPORTATION DATE: AUGUST 10, 1992 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF AUGUST 10-17, 1992 STREETS AND ROADS A. 1. Conrad to recharge boiler at bus barn 2. Repair shoulders on various bike paths: a. Red Sandstone 3. Striping: a. North & South side of International Bridge b. Crosswalks at Crossroads (TRC} c. Layout striping for contractor d. Stop bars at Lionshead, Crossroads & Sandstone Parking Lot 4. Paving: a. Matterhorn Circle b. East Vail (Spruce Way) c. Bike Path at Ford Park (old snow dump) 5. Extend 42" culvert at 2516 Arosa. 6. Install signs: a. International Bridge b. East end of VTRC c. Covered Bridge (install sleeve) d. Remove State sign at the top of Main Gore e. Make signs for Andy 7. Assist B&B on bike path overlay at God Peak & Timberridge. 8. Sweep all roads in west Vail ahead of seal coating operations. 9. Attend Employee Survey Meeting on Tuesday. ° PUBLIC WORKS PRIORITY LIST Page 2 PARKING STRUCTURE/TRANSPORTATION A. 1. Resolve paver problems. 2. Install curb for partition for bus waiting area at terminal building. 3. Receive bids on repairs of the expansion joints and the top deck of TRC 4. Correct drainage problems at the Village Structure East Stairs 5. Remove and replace handrails at LHTRC. 6. Cover shifts for vacationing janitors. 7. Provide moving help for Personnel. CARPENTERS A. 1. Construct picnic pavilion for Stephens Park. 2. Replace handrails in Lionshead (new construction area). 3. Construct Electrician's tool box. 4. Construct directional signs for community development. 5. Build wall for shelter at VTRC- west end. 6. Construct restroom building at Stephens Park. ELECTRICIANS A. 1. Perform line locates as requested. 2. Install new light at Bighorn Road. 3. Repair street light list. 4. Investigate meter installation at Gore Creek Promenade. 5. Install lights at Manor Vail Bridge. 6. Check & repair lights at VTRC & LHTRC. 7. Order end clips for Municipal Building Conference room and mail room. 8. Check on Lionshead Mall lighting system. 9. Order 3 Village fixtures for Ski Museum site. 10. Install new lights in East Vail. 11. Run conduit for fire detector for storage facility at VTRC . 12. Repair switches at fire panel at VTRC. PARKS DEPARTMENT A. 1. Install landscape material at Pedestrian Overpass. 2. Coordinate construction documents for Ski Museum Site. 3. Cut brush from road sides and bikepaths in various locations. 4. Prepare revised layout plan for Stephens Park Phase II. 5. Install flowers International Bridge. 6. Schedule warranty walk-thru at East Vail. 7. Trim trees along Kutsos bikepath. LG/cp Xo . ~"c~fr~~,1~;~ ~t'~ ~/v RECE~~~'E~ A1~9 1 0 1992 Volume I Summer Issue No.S r~t~OM THE AUGUST'S MIXER VISITOR CENTER... featurefour-time NCAA all The Patina Ristorante Italiano We're ha to announce American and 1991 Player of at the Hyatt at Beaver Creek, PPy the Year, Kristen Klein. formerly the Patina Grill, will be two new staff members to our The 4-Man tour will come to hosting this month's ABCRA Visitor Center: vi i3rown and Avon for a minimum of three mixer rrom 5:30FM to 7:3G~i~ on Viola Jaramillo. Both are Years. The national and Tuesday, August 11th. The familiar faces - Vi has lived in mtemational exposure and mixer will be held on the patio, the valley for over two decades promotional opportunity that this which offers breathtaking views and organizes the annual Eagle event brings to Avon is of Beaver Creek mountain. Valley Rummage Sale. Viola unprecedented; the ABCRA is All Avon-Beaver Creek was born and raised in RedCliff, pleased and proud to be a part Resort Association members and raised her family of six here of it! are invited to meet the Patina's as well. Both are uniquely new maitre'd, Gruziano Buzzi, qualified for their positions, and sample several complimentary we're delighted to welcome ABCRA VALLEY Italian wines, and taste some them. new items from their The visitor Center is BUSINESS FORUM progressive Italian menu. Piano increasingly busy, with a 40% Hector Montero, of Aztech Player Peter Grewe will provide July increase in walk-in inquiries entertainment. over May and June. Phone Systems, will be the guest Members who choose to stay inquiries for lodging, dining, and speaker at the Avon-Beaver for dinner will be treated to a activity information are steady, Creek Resort Associations 20% discount on dinner, and too. August Valley Business Forum. 20% off of bar tabs. The volume of materials that The forum will be - we distribute is substantial-- and held on Friday, growing all the time. Please August 21st, ~ FREE SPACE IS help to keep us up to date with 12:OOPM at AVAILABLE to your brochures, specials, "~`~on s Christie _ menus, and general information. Lodge, with a - a: a advertise special rates or sales u.~ to other ABCRA members! We'll look forward to seeing you catered soon! luncheon ~ Ca11949-5189 for the details. from the Columbine Bakery and Cafe. BUD 4-MAN Montero specializes in JULY MIXER A computer sales, software and HIT AT MINTURN VOLLEYBALL supplies, hardware repair and COMES TO AVON! troubleshooting, and database CELLARS management and programming. Kurt and Melinda Oakley of The ABCRA is proud to The casual format of the Mountain Balloon Adventures present the Bud 4-Man luncheon will be conducive to won the door prize at our July Volleyball Tour! discussion and questions mixer at Mintum Cellars. Aalta The tour features some of regarding individual computer Sports donated a $40.00 bike the world's premier beach challenges. Specific topics to tune....just right for the middle of volleyball players, including be covered include some new summer. former Olympic gold medalists innovations with the DOS 5.0 Approximately thirty members and several 1992 Olympic team operating system, the Windows showed up to taste Mintum members, who will serve up 3.1 upgrade, and data security. Cellars' Colorado wines. action at Avon's Nottingham The luncheon will be $10.00 Special thanks to our Mintum Park on August 15th and 16th, for ABCRA members, and member restaurants-- Chili immediately after their $13.00 for non-members. Willy's, The Saloon, Mintum comp€tition at #"e Barcelona Please RSVP by 1?vedr}esday, Country Ciub, Isoocu's Station, Summer Olympics! The Avon August 19th, at S:OOPM by and the Turntable for providing tournament is the eighth stop calling the ABCRA at 949-5189. appetizers on the ten-event 1992 Bud 4-Man Volleyball Tour. The tour visits several locations in California, Arizona, Texas, abcra calendar Minnesota, and Florida. All events are broadcast on ESPN. In addition, the Bud-Cite 4-Woman Volleyball Tour will be ABCRA AUGUST MIXER AUGUST 11 sending two teams, Team Paul gUD 4-MAN VOLLEYBALL AUGUST 15-16 Mitchell and Team Forster. ABCRA VALLEY BUSINESS FORUM............ AUGUST 21 They will play a special ESPN exhibition match lust before the COLORADO LEGISLATIVE TOUR.......... SEPTEMBER 17 mens' final on Sunday ABCRA'S SEPTEMBER MEMBERSHIP MEETING.....TBA afternoon. The tour will z 1 ~,~EAVER Bulk Rate ,O u.s.PAIDGE Q ~ x Avon, CO 81620 Permit No. 30 RESORT AS;~CIATIC)N Tyf~E rR_v Vail 2'own Gotiu3.ci1 Town of Vail (7} 75 S_ Frontage Rd P.O. Box 1437 Vail CO 81657 Avon, CO 81620 (303)949-5189 BUSINESS TO BUSINESS ABCRA WELCOMES DISCOUNT BULLETIN NEW MEMBERS Support your fellow chamber Coastal Mart, Inc. members' businesses!! In an effort to promote Convenience groceries and local business, and the utilization of ABCRA gas...just off of member services and products, we're pleased to 70 on Nottingham Road. introduce our newest monthly newsletter feature -the. BUSINESS TO BUSINESS DISCOUNT BULLETIN. First Tracks Video Placing an ad here is FREE, and listed discounts are Production Local, available for ABCRA MEMBERS ONLY. professional video filming Don't miss your chance to announce your and production. Jim Penhale, specials in the next newsletter! 949-0655. SCULLY'S is offering a 25% discount to all ABCRA H&W Therapy Physical members, on art, office, and drafting supplies. ~ therapy and rehabilitation 845-7650 clinic, next door to the Avon ADRENALIN ADVENTURES offers hot-air balloon Medical Center. Mary Miller bungee jumping at a discounted rate of $6900, regularly is your local clinic manager $89.00! 949-0330 - and physical therapist. BALLOONS OVER VAIL offers a 10% discount on g49-0610. both helium balloon delivery and decorations. 949-6870 L. Victoria Meier, CPA, ALPINE MANAGEMENT offers a 10% short-term rental discount. 949-0229 specializing in taxes and MINTURN REALTY offers a preferred discount on a accounting. Meet Vicki in the charming, short-term, Minturn rental unit. 949-4401 Benchmark Plaza Building, NOVA GUIDES is offering a 15% discount on all Suite 308. 845-7248. activities -year round! 949-4232 BEAVER LIQUORS offers a 10% discount on ABCRA beverage needs. 949-5040 AALTA SPORTS is offering 40% off on bicycling or MEMBER NAME hiking tours [limit 2] and $5 off for bike tuning through CHANGES... 9/1 /92. 845-7627 VALLEYWIDE PLUMBING & HEATING, INC. The Patina Grill at the Hyatt .has offers a 5% discount on all service calls -year round - ~ anew Italian menu, and a new Call for details. 949-1747 name: The Patina Ristorante L. VICTORIA METER, CPA, CFP is offering Italiano. accounting services at a 15% discount to all ABCRA The Camberiy Hotel has embers. Please call for information. 845-7248 changed to The Pines Lodge. Members may come by the ABCRA office to Boettcher and Company of pick up an ABCRA MEMBERSHIP' ID card. Glenwood Springs is now Kemper Securities ABCRA BOARD OF DIRECTORS Peter Romanelli -President Bruce Kendall (Vice-President -Cordillera) (Vice-President -Minturn Realty) James Thomason (Executive VP- 1st Bank Avon) Rick MacCutcheon -Vice-President Greg Caretto (Vice-President -Nova Guides} (Vice-President of Finances -Arrowhead at Vail) Spencer Butts (Director -Vail Beaver Creek Res. ) Beth Slifer -Secretary John Hazard (Avon Town Council Member) (Owner - SIrfer Design) Tom Ricci (Owner -Minturn Country Club) Lynne Kraft -Treasurer Brian Nolan (Owner -Coyote Cafe) (Owner -Alpine Management Services, Inc.) Richard Carnes (Owner -Poor Richard's Music Store) To: All Interested Parties REC~IVE~ AUt~ 1 Q 1892 x~ From: Cherie Palley 476-7384 Date: 6 August 1992 Re: Family Center Meeting next group meeting: Monday, August 31st, 1992 5:30 - 7:00 pm Edwards Elementary School + ti ~1 ~ ~ ti• ti-' ~ + ~ f AGEN ~A Self-Introduction/Representing what organization? (Cherie) Background of Family Center Committee Committee Reports: (Nancy, Sharon) Headstart (Kathleen, Jesus) Single Point of Entry (Janet, Colleen) Family Literacy (Millie, Cherie) ~ Homeless Education (Karen) Cities in the Schools (Tsu) Health Care (Laurie) CRPP Funds (Kathleen) Emergency Services (Cherie, Kathleen) FMP (Marge) Basalt/El Jebel (Deb, Cherie) EAGLE FuncUWF (Cherie) Funding Presentations OTHERS Bylaws Committee set initial meetingfgoals Announcements Schedule Next Meeting/Set Agenda • F''"s~ rr F .1993 ® - „ Vail Town Council 7S S Frontage Rd. PUBLIC NOTICE AUGUST 18, 1992, VAIL TOWN COUNCIL MEETING i'ilrlE CHANGES THERE WILL NOT BE A VAIL TOWN COUNCIL OVERVIEW WORD SESSION ON TUESDAY, AUGUST 18, 1992. •rtir; NEXT REGULAR VAIL TOWN COUNCIL EVENING MEETING WILL BE HELD ON TUESDAY, AUGUST 18, 1992, BEGI]~INING AT 8:30 P.M., IN THE VAIL TOWN COUNCIL CHAMBERS. THE NEXT REGULAR VAIL TOWN COUNCIL WORK SESSION WILL BE HELD ON TUESDAY, AUGUST 25, 1992, BEGIlITNING AT 2:00 P.M., IN THE VAIL TOWN COUNCIL CHAMBERS. TOWN OF VAIL Pamela A. Brandmeyer Assistant to the T„ ~ u Manager ~ j R F-~ . - 3~3 ?6~-~;_~-,. I:4S 303-~9-_li? DEAR VAIL BUSINESS OWNER: August 11, 1992 ' The Vail Town Council has elected to hold yet another public input session regarding the proposed Booth Creek Par 3 Golf Course. This is a pivotal (and hopefully the last) meeting for you to attend to voice your support and/or concern regarding this golf course. The District believes the course will be a valuable asset adding an attractive recreational amenity to the town. The par 3 golf course will be fun to play and will require less than half the time to play than that of a championship course, thus allowing us to target convention groups and visitors who do not have the time to commit to 18 holes of regular play. The course will also prove to be a valuable leisure activity for seniors, beginner golfers and juniors. The District has established an initial green fee of $15 which will be affordable for locals as well as visitors. Opponents of the course feel that the land should remain native and undisturbed. The District has stated throughout the planning process that it will proceed with the project if the majority of the community . supports it and conversely will abandon the course if that is the citizens desire. Please mark your calendars for Thursday, August 20, 1992, 7:00 PM at the Tgwrb,~Council Chambers. Your input is requested and invaluable as to the final decision on this project. Thank you, en Wilson Hermann Staufer Chairman, VRD Board of Directors ~ Vice-Chairman, VRD Board of Directors ' w\par3 1 4 ~j ! TOWN OF VAIL Contact: Caroline Fisher 479-2115 FOR IMMEDIATE RELEASE August 11, 1992 NEWS BRIEFS FROM THE TOWN... 3 " Public Meeting to be Held Reaardina Par 3 Golf Course The Town of Vail will hold a joint meeting to receive public input regarding the proposed Booth Creek Par 3 Golf Course. A presentation will be made which addresses the golf course design, parking, circulation, and environmental concerns. The meeting will be held at the Vail Municipal Building on ' ~ Thursday, August 20 at 7:00 P.M. All interested residents are encouraged to attend. „ y In response to community residents, the Council is sponsoring this ' ~ additional meeting for final input. Both Council members and Vail Recreation District Board members will be in attendance to hear comments . ` . " and discuss concerns. For more information regarding the project, contact the Vail Recreation District at 479-2279 or the Town of Vail Community Development Department at 479-2138. "j: Two New Staffers Join Community Development Ranks The Town of Vail welcomes Russell Forrest to the position of Environmental Policy Planner. Forrest has extensive experience in environmental planning and most recently served as a Fellow for the U.S. Army Environmental Policy Institute. His specific areas of expertise include environmental impact assessment, land use planning, and natural systems management. His first `.,.z mission for the Town will be to develop a work plan for local air and water quality programs. Environmental issues rank high on the Council's and community's established list of goals, and Forrest will be working closely in ~ , - .;4;~.~Y his efforts with other public and private sector groups throughout the region. z , The Town also welcomes Tim Devlin as the newest Community 'T; Development planner. Devlin hales from Chicago and most recently worked . as an urban and regional planner for Skidmore, Owings and Merrill. He received his Bachelor of Urban and Regional Planning degree from the r University of Cincinnati and will be handling current Planning Commission and Design Review Board issues and special projects. --MORE-- 75 SOUTH PRONT_1GP. RO.1D VAIL, COLORADO ~Iti57 TELEPHONE .303-~1i9-2100 ~ . Summer Projects Move Forward The time for repairing and renovating the old and constructing the new is short in the high country, so the community is moving fast and furiously to wrap up projects before the snow flies. Numerous projects to be completed by October include the following: * Development of a pocket park at the old ski museum site, complete with benches, grass, drinking fountain, TOV map, and path. The goal is to provide a focal point and park area between Vail Village and Lionshead. * Renovation of the Lionshead Mall, including installation of grass areas, removal of the stage, revamping the fountain, and installation of boulders and landscaping. * Construction of a new snow storage facility at the Town Shops. Snow removed from Vail streets and public areas was previously stored at Ford Park. Due to environmental and aesthetic concerns, a new site is being developed. * Other efforts which are progressing this summer include the completion of Bighorn Park, phase two of West Vail's Stephen's Park, installation of two new bus shelters, initial work on the Dowd Junction pedestrian bike path, and completion of the International Bridge renovation (for which the ribbon cutting ceremony is set for Friday, August 21, 1992, at 11:30 A.M.). New Mountain Bike Mans Available at Finance Department Mountain bikers of all ability levels will want to treat themselves to the newest, most comprehensive map available for the White River National Forest. The map is the product of a cooperative public/private sector effort and involved numerous groups throughout the region including the Vail Velo Club, the White River National Forest,. the Bureau of Land Management, Vail Associates, the Towns of Eagle, Vail, and Avon, and many cycling experts. The map includes information on rides for all abilities, as well as hiking trails, paved and dirt roads, campgrounds, and more. The map is available for $7.95 at numerous bike shops throughout Vail and the front range and at the Town of Vail Finance Department. Phone Svstem On Line for Hearing Impaired Communication is a high priority for the Town of Vail, and the Police Department has taken a step to make the process easier for residents and guests with hearing and speech impairments. The new Telecommunications Device for the Deaf (TDD) utilizes a small type-writer like keyboard in conjunction with a standard telephone. Two of the devices are available at the Town offices, with a third one available for loan to hearing or speech impaired individuals in the community. Specific Town phone lines have been dedicated for the TDDs: 479-2233 for police or fire emergencies and 479-2356 for general information. This system compliments the ATT Language Line which was installed earlier this year and allows non-English speaking residents and guests to receive information or assistance from the Town. The Language Line will translate over 140 different languages and dialects. Individuals seeking to utilize this service should call the Vail Police Department at 479-2200. --30-- PUBLIC NOTICE A JOINT PUBLIC MEETING WITH THE TOWN OF VAIL AND THE VAIL RECREATION DISTRICT REGARDING THE PAR 3 GOLF COURSE WILL BE HELD AT 7:00 P.M. ON THURSDAY, AUGUST 20, 1992, AT THE VAIL MUNICIPAL BUILDING. IN RESPONSE TO COMMUNI'1'~ RESIDENTS, VAIL TOWN COUNCIL IS SPONSORING THIS MEETING FOR FINAL INPUT REGARDING THIS PROJECT. THERE WILL BE A PRESENTATION ADDRESSING THE GOLF COURSE DESIGN, PARKING, CIRCULATION, AND ENVIRONMENTAL CONCERNS. ALL IlV`t~~:RESTED RESIDENTS ARE ENCOURAGED TO ATl~~1~TD. FOR MORE INFORMATION REGARDING THE PROJECT, CONTACT THE VAIL RECREATION DISTRICT AT 479-2279, OR THE TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT AT 479-2138. TOWN OF VAIL 1 Pamela A. Brandmeyer Assistant to the T.,wu Manager ~i ' ~ RECEi~ED AUG ~ ? 1992 w ~ } r'd 1,~~ VAIL GOLF CLUB JOHN A. DOBSON ARENA 303-479-2260 321 East Lionshead Circle FORD TENNIS COMPLEX Vail, Colorado 81657 303.479-2271 ail ecre io 303-479-2294 MARKETING/SPECIAL EVENTS VAIL YOUTH SERVICES SPORTS 395 East Lionshead Circle D I S T R I C T 303-479-2279 Vail, Colorado 81657 303-479-2292 NATURE CENTER 292 West Meadow Drive • Vail, Colorado 81657 303-479-2291 303-479-2274 • FAX 303-479-2197 DEAR BOOTH CREEK HOMEOWNER: August 14, 1992 The Vail Town Council has elected to hold yet another public input session regarding the proposed Booth Creek Par 3 Golf Course. This is a pivotal (and hopefully the last) meeting for you to attend to voice your support and/or concern regarding this golf course. The District has stated throughout the planning process that it will proceed with the project if the majority of the community supports it and conversely will abandon the course if that is the citizens desire. Please mark your calendars for Thursday, August 20, 1992, 7:00 PM at the Town Council Chambers. Your input is requested and invaluable as to the final decision on this project. Thank ou, ~j~~ ~ r Ken Wilson Hermann Stau Chairman, VRD Board of Directors Vice-Chairman, VRD Board of Directors w\par3 _1 , _ R~'G~'~:~~t4R ~?i~stt'IC$ _ 292 . ~ a fir. 19aii, ~ ~~8 RON PHILVAIL TOWN OF FRONTAGE ROAD 75 SOUTH VAILr CO 81657 •