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HomeMy WebLinkAbout1992-10-13 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION, TUESDAY, OCTOBER 13, 1992 1:00 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. Design Review Board (DRB) Candidate Interviews. 2. DRB Report. 3. P EC Report. 4. Discussion Re: Ordinance No.39, Series of 1981, Restricting Sale and Use of 770 Potato Patch Employee/Caretaker Unit #17!31. 5. Discussion Re: Potential Housing Development on the Mountain Bell Property. 6. Update Re: Encroachments on U.S. Forest Service Land at a Residence Located at 1 Forest Road, Lot 1, Block 7, Vail Village First Filing. Owner: Ron Byrne. 7. Update Re: Vail Police Department Expansion. 8. 1993 Town of Vail Budget Wrap-up. 9. Update Re: We Recycle County Funding Request. 10. Information Update. 11. Council Reports. 12. Other. 13. Executive Session: Personnel Matters. 14. Adjournment. 0404440004400040040404 THE NEXT VAIL TOWN COUNCIL WORK SESSION/EVENING MEETINGS WILL BE ON TUESDAY, 10/20192, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. 4444444444044404444000 C:WGENDA.WS VAIL TOWN COUNCIL WORK SESSION TUESDAY, OCTOBER 13, 1992 1:00 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 1:00 P.M. 1. Design Review Board (DRB) Candidate Interviews. Kristan Pritz Action Reauested of Council: Interview candidates Bob Borne, Eddy Doumas, Laura Nash, and Carmen Weiner. Backaround Rationale: The candidate's letters of application are enclosed. Because Pat Herrington resigned, one DRB position is open. Anew DRB member is needed to fill the remainder of Pat Herrington's term which ends in February, 1994. Appointment of the new member is scheduled for the October 20, 1992, evening meeting. 1:30 P.M. 2. DRB Report. 1:35 P.M. 3. PEC Report. 1:45 P.M. 4. Discussion re: Ordinance No. 39, Series of 1981, restricting sale Larry Eskwith and use of 770 Potato Patch Employee/Caretaker Unit #17/31. Action Reauested of Council: Discuss possible solutions to ownership problem regarding the above referenced property. The FDIC, current owners, will be present at the meeting to present its position in regard to the unit, as well as a representative of the condominium association. Backaround Rationale: See enclosed correspondence concerning the unit. A copy of Ordinance No. 39, Series of 1981 is also enclosed. 2:30 P.M. 5. Discussion re: Potential housing development on the Mountain Bell Jen Wright property. Andy Knudtsen Action Reauested of Council: Review the work the Housing Authority has put together regarding an employee housing development scenario for the Mountain Bell property. Background Rationale: The work completed so far includes proformas run by Rosall, Remmen and Cares, Inc., and refined by Housing Authority members, a site plan analysis done by Sherry Dorward, and a hazard study done by Huntington, Chen, Northern. TOV has received a $300,000.00 grant from the State of Colorado to cover costs for public improvements associated with a housing development. The grant is available through the end of 1992. 3:00 P.M. 6. Update re: Encroachments on U.S. Forest Service Land at a Shelly Mello residence located at 1 Forest Road, Lot 1, Block 7, Vail Village First 1 Filing. Owner: Ron Byrne. Action Reauested of Council: Direct staff on any further action to be taken. Backaround Rationale: Enclosed find copies of correspondence between Ron Byrne and the U.S. Forest Service (U.S.F.S) subsequent to Council review of the issue on September 15, 1992. At that time, Council reviewed certain landscaping and drainage improvements which were located on U.S.F.S. land, and directed staff to investigate the need for further study of the issue. 3:15 P.M. 7. Update re: Vail Police Department Expansion. Ken Hughey Jeff Sheppard Backaround Rationale: The Police Department Expansion Pam Hopkins Committee and architects have completed three work sessions with the PEC, and are proceeding with the approval process with the PEC and the DRB for the Police Department expansion. It was felt that it was timely to update Council on the project. 4:00 P.M. 8. 1993 Town of Vail budget wrap-up. Steve Barwick Steve Thompson Action Reauested of Council: Make final comments and/or changes prior to first reading of the 1993 budget ordinance scheduled for the October 20, 1992, evening meeting. Backaround Rationale: Staff has now concluded all presentations on the 1993 budget. Council has requested awrap-up session for further discussion of the budget. 4:30 P.M. ~ 9. Update re: We Recycle County Funding Request. Mauri Nottingham 4:35 P.M. 10. Information Update. 11. Council Reports. 12. Other. 13. Executive Session: Personnel Matters. 14. Adjournment. 4444444444444444444444 THE NEXT VAIL TOWN COUNCIL WORK SESSION/EVENING MEETINGS WILL BE ON TUESDAY, 10/20/92, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. 4444444444444444444444 C:WGENDA.WSE 2 Robert and Jane Borne ` OLJ - U 50326 Snowshoe Lane Vail, Colorado 81657 Town Of Vail Office of Community Development Vail, Colorado 81657 Att: Kristen Pritz, Director September 15, 1992 Dear Kristen, I appreciate your making me aware of the opening which recently occurred on the Design Review Board of the Town of Vail. If the Town is looking for a person to fill that opening I respectfully offer myself as a candidate for the Board. I had been a part-time resident of the town for seven years before moving here on a full-time basis last Fall when my wife and I opened the United Colors of Benetton store in the Village core. I also t-iave been active here for the past four years building four single family and duplex homes in Vail. My basic profession is construction and development and to that extent I have developed and built many thousand residential and commercial units in both New York and Florida. One of my developments was a two thousand unit golf and recreational community in Bradenton, Florida where I worked extensively with zoning and planning boards as well as with planning staffs. In all of my development work design criteria and planning was exceptionally important and design review boards with a function similar to the Board here in Vail, were always set up and in most cases I headed them. I understand fully the duties and responsibilities of a Design Review Board member, the workings of the planning staff, design codes and how to work with requests to such a board. While Manatee county does not have a DRB I served on three advisory boards to the planning commission and have been recognized and received various awards for design excellence. I feel that my experience, directly in the fields of planning design and development and the fact that I am both a business owner and a builder in Vail, gives an expertise which can be an asset to the community and gives me an. opportunity to return something to the town for the quality of life it has given me. I, therefore, respectfully request your consideration for the seat on the Design Review Board. Once again thanks and I look forward to the opportunity of working and adding to the community. l~e.~ ,zctfully, ' Bob Born September 14, 1992 Ms. Kristan Pirtz 75 S. Frontage Vail, CO 81657 Dear Ms. Pirtz, I would like to take this opportunity to introduce myself and express my interest in a seat on the Design Review Board. I have a strong personal commitment to the Vail Valley. A.s a homeowner and resident for nearly six years, I am very interested in the communitys' continued controlled growth and would like to make a contribution. I own two duplexes in West Vail and I have remodeled both houses currently Irent out 3 of the 4 units and live in the fourth. I feel that my knowledge of the Vail community combined with over five years experience in the design profession, and an academic background in studio art and art history make me a strong candidate for the board. I am a senior designer at Slifer Designs and have been involved in a wide variety of private residences, developments, and commercial projects. I would welcome the opportunity to meet with you and discuss my qualifications further. Thank you for your consideration. Sincerely, d ~ / = f Eddy Doumas ED/dr FILE COPY 9-21-92 Town Council Town of Vail, Community Development Vail, CO 81657 Dear Council Persons, I am applying to you for the Town of Vail Design Review Board Position being vacated by Pat Harrington. I am a design professional pursuing my architectural license. I have a Bachelors in Architecture degree and I am cur- rently employed with Fritzlen, Pierce, Briner Architects where I have held a position since I left Arnold, Gwathmey, Pratt in the fall of 1990. I have lived in Vail for five years. During that time I have had many dealings with the Design Review Board; Therefore, I have a first hand knowledge of what the DRB requires from applicants seeking design approval. I be- lieve this sensitivity to the applicant would positively impact the Town of Vail DRB and me as a town representa- tive because it can further enhance communication be- tween all parties. I am a board member of the TOV Art in Public Places com- mittee. If chosen to serve on the DRB I intent to main- tain my position on the AIPP board. I believe these two board compliment each other. Furthermore, we on the AIPP board are currently lacking representation from the DRB. Thank-You for your time, S~cerely, ?~2~v~-~ Laura Nash Page 1 9113.1n ~~L.1 u • September 16, 1992 Kristan Pritz, Director Community Development To~•+n of Vai 1 75 S. Frontage Road Vail, CO 81657 Re: Design Review Board Dear Ms. Pritz: I am interested in the available opening position on the Design Revie?~~ Board. I do Piave time available. My background is a B.A. degree from University of Michigan and a former business of store design, and I am currently completing the Masters of Architecture 3 1/2 year program at the University of Colorado, Denver Center. I have owned a place in Vail for the last 12 years. Sincerely, ~ /n ~ 1 Carmen Weiner r DESIGN REVIEW BOARD AGENDA OCTOBER 7, 1992 3:00 P.M. SITE VISITS 12:15 P.M. 1 Loper - 784 Potato Patch Drive. 2 Tupy - 1981 Chamonix Lane. 3 Weimann - 2662, 2672 6 2682 Cortina Lane. 4 Hall - 2612 Cortina Lane. 5 Lauterbach - 1850 S. Frontage Road West. 6 Ackermann - 716 West Forest Road. _ 7 Erickson - 716 West Forest Road. 8 Radisson Resort - 714 W. Lionshead Circle. 9 Vail Associates - Lionshead Ticket Booth. 10 Lodge Tower - 200 Vail Road. 11 Frick - 4266 Nugget Lane. AGENDA 1. Everett - New Secondary Residence. SM . 2834 Snowberry Drive/Lot 18A, Block 9, Intermountain. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Approved with recommendations. 2. Lodge Tower - Sign Variance. SM 200 Vail Road/Lot A, Block 5-C, Vail Village 1st Filing. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Recommendation for approval; graphic approved independent of sign variance. 3. Loper - New Primary/Secondary Residence. SM 784 Potato Patch Drive/Lot 15, Block 1, Vail Potato Patch. MOTION: SECOND: VOTE: CONCEPTUAL. Sherry Dorward abstained. 4. Hall - New primary with restricted 2nd unit. SM 2612 Cortina Lane/Lot 3, Block B, Vail Ridge. (Conceptual) MOTION: SECOND: VOTE: TABLED TO OCTOBER 21ST MEETING. ° , 5. Erickson - Addition. TD 716 West Forest Road/Lot 10, Block 1, Vail Village 6th. MOTION: George Lamb SECOND: Greg Amsden VOTE: 4-0 Approved. 6. Ackermann - 250 Addition. TD 716 West Forest Road/Lot 10, Block 1, Vail Village 6th. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Approved. 7. Weimann Residences - 3 New Single Family Residences. TD 2662, 2672 & 2682 Cortina Lane/Lots 7, 8 & 9, Block B, Vail Ridge. MOTION: SECOND: VOTE: CONCEPTIIAL Only - No vote taken. 8. Frick Residence - New Single Family Residence. MM/JC 4266 Nugget Lane/Lot 4, Bighorn Estates. MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Approved. 9. Lauterbach - New Single Family Residence. AK 1850 S. Frontage Road West/Lot 4, Spruce Creek, Phase III. MOTION: George Lamb _ SECOND: Greg Amsden VOTE: 4-0 Approved with condition. 10. Vail Associates - Remodel of left ticket booth. AK Lot 4, Block 1, Vail Lionshead 1st .Filing/Gondola Building. MOTION: George Lamb SECOND: Greg Amsden VOTE: 4-0 Consent with conditions. 11. Tupy - Roof modification. AK 1901 Chamonix Lane/Lot 33, Buffehr Creek. MOTION: SECOND: VOTE: TABLED TO OCTOBER 21ST MEETING. . -r 12. Molyneaux - Color change. AK 1620 Vail Valley Drive/Lot 1, Warren Pulis Subdivision. MOTION: Ned Gwathmey SECOND: George Lamb VOTE: 3-1 Denied. Based on criteria in sections 18.54.050 A1, 18.54.050 C3 and 18.54.030. 13. Lionsmane - New Dumpster. TD 1063 Vail View Drive/Lot A5-11, Block A, Lions Ridge #l. MOTION: SECOND: VOTE: TABLED INDEFINITELY. 14. Radisson Resort - New Sign. TD (Formerly The Marriott Mark) 714 W. Lionshead Circle/ Morcus Subdivision. MOTION: George~Lamb SECOND: Greg Amsden VOTE: 4-0 Consent approved. 15. King Residence - Concrete Floor. TD 1481 Aspen Grove Lane/Lot 1, Block 2, Lion's Ridge Filing #4. MOTION: SECOND: VOTE: STAFF APPROVED. 16. Katz Residence - New Single Family. AK 1881 Lions Ridge Loop/Lot 1, Block 3, Lion's Ridge Filing #3. MOTION: SECOND: VOTE: TABLED TO OCTOBER 21ST MEETING. 17. Kaiser/Hall - Repaint of duplex. SM 4916 Juniper Lane/Lot 3, Block 5, Bighorn 5th Addition. MOTION: SECOND: VOTE: TApT~~;D TO OCTOBER 21ST MEETING. MEMBERS PRESENT: MEMBERS ABSENT: Ned Gwathmey Sherry Dorward George Lamb Greg Amsden (PEC) -r STAFF APPROVALS: Josey - Site improvements. 97 Forest Road/Lot 3, Block 7, Vail Village 1st. Perkins/Rider Duplex - Addition of two windows on basement level. 2568 Arosa Drive #8/Lot 4, Block C, Vail Das Schone #1. Lloyds Residence - New deck. 2038 Sunburst Drive/Lot 17, Vail Valley 3rd. Sundial - Trash enclosures. 5040 Main Gore Place/Sundial Condos. Mill Creek Court Building - New gas log fireplace & chimney. 302 Hanson Ranch Road/Lot 1, Block 5A, Vail Village 5th. Vail Printing & Office Supply - New sign. 953 S. Frontage Road West/Nail Professional Building. Vail Mail Sign - New sign. 141 East Meadow Drive/Crossroads Mall. Northwoods - Deck enclosure, Unit #E-413. 600 Vail Valley Drive. The Antlers - Repaint. 680 Lionshead Circle/Tract E, Lionshead 3rd. Cascades on Gore, Units #2 & #4 - Increase window size on west elevation. 1390 Westhaven/Cosgriff Parcel. Goldfarb/Romano - Color change. 793 Potato Patch Drive/Lot 25, Block 1, Vail Potato Patch. Vail Point Townhomes - New window on east wall of Unit #25. 1881 Lionsridge Loop/Lot 1, Block 3, Lion's Ridge #3. Mountain Haus - Paint balcony caps dark brown to match existing building trim. 292 East Meadow Drive/Part of Tract B, Vail Village 1st. villa Cortina, Unit #235 - Replace existing two panel window with three panel window. 360 Hanson Ranch Road/Lot H, Vail Village 2nd. Meadow Creek Condos - Change to window configuration. 2600 Kinnkinnick Road. Weimann - Painting of residence. 2692 Cortina Lane/Lot 10, Block B, Vail Ridge. Northwoods - Deck enclosure, Unit #E-208. 600 Vail Valley Drive. Northwoods - Deck enclosure, Unit #A-108. 600 Vail Valley Drive. Northwoods - Deck enclosure, Unit #D-409. 600 Vail Valley Drive. Antlers - New sliding glass door, Unit #702. 680 W. Lionshead Place/Antlers Lodge. Lockton Residence - Modify landscape plan. 3994 Bighorn Road/Lot 2, Gore Creek Park. Cormack - New Deck. Golf Course Townhomes Unit #13, Phase I, Building 4. Golf Course Townhomes - New Deck. Golf Course Townhomes Unit #8. Grasis Residence - Electric meter pedestal. 2807 Aspen Court/Lot 12, Resub. of Tract E, Vail Village 11th. Apollo Park - Repaint. 442 S. Frontage Road East/Tract D, Vail Village 5th. f t~~,_ 6t ~ r 5~ r° F"~` ,,r. fir,. :j w PLANNING AND ENVIRONMENTAL COMMISSION OCTOBER 12, 1992 AGENDA 11:00 A.M. Site Visits 2:00 P.M. Public Hearing Site Visits: 11:00 A.M Sonnenalp Watertord/Cornerstone Lionshead Center Town of Vail Police addition Public Hearina: 2:00 P.M. 1. A request for a joint work session with the Planning and Environmental Commission and the Design Review Board to discuss a request for an exterior alteration for the Vail/Lionshead Center Building, located at Lot 5, Block 1, Vail Lionshead First Filing/ 520 East Lionshead Circle. Applicant: Oscar L. Tang Planner: Andy Knudtsen ' 2. A request for a joint work session with the Planning and Environmental Commission and the Design Review Board to discuss a request for a conditional use permit for an addition to the Municipal 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 corner of said Section 6, thence North 00 degrees 28 minutes t 6 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 O1 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 line 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 ~ i 2. A request for a joint work session with Planning and Environmental Commission and the Design Review Board to discuss a request for a minor subdivision and a major amendment to SDD #4, Cascade Village, to amend the development plan for the Waterford and Cornerstone parcels in area A, described as follows: 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 southerly right-0f-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 °17'04' 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 a non- 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; and the Cornerstone parcel described as follows: Building C Site 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, County of Eagle, State of Colorado, described as follows: Beginning at a point on the easterly line of anon-exclusive easement for ingress and egress known as Westhaven Drive recorded in Book 421 at Page 651 in the office of the Eagle County, Colorado, Clerk and Recorder whence the center of said Section 12 bears S 38°34'43"W 1,168.27 feet; thence along said line of Westhaven Drive N 52°43'41 "E 143.92 feet; thence departing said line of Westhaven Drive, 132.24 feet along the arc of anon-tangent curve to the left having a radius of 55.00 feet, a central angle of 137°45'30' and a chord that bears N 42°11'46'E 102.61 feet; thence N 52°50'29"E 65.24 feet; thence S 37°09'31'E 95.59 feet; thence S 49°42'56"W 97.80 feet; thence S 40°17'04"E 24.12 feet; thence S 52°50'29"W 213.66 feet; thence N 37°09'31'W 105.76 feet to the point of beginning containing 0.6848 acres more or less. Applicant: MECM Enterprises represented by Eustaquio Cortina and Commercial Federal Savings. Planner: Shelly Mello 4. A request for variances to allow encroachments into setbacks and to allow an increase in common area for the Sonnenalp Hotel, Bavaria Haus, located at 20 Vail Road/ Lots J and K, Block 5E, Vail Village First Filing. Applicant: Johannes Faessler Planner: Andy Knudtsen 5. A request for an amendment to Chapter 18.57 Employee Housing for the Town of Vail Zoning Code. Applicant: Town of Vail Planner: Andy Knudtsen TABLED UNTIL OCTOBER 26, 1992 2 } 1 ._w 6. A request for a variance from Section 17.28.330 to allow a residential driveway to exceed the maximum slope permitted. Lot 14, Block A, Vail das Schone Filing No. 1\2369 Chamonix Lane. Applicants: Paul M. Sands Planner: Mike Mollica TABLED UNTIL OCTOBER 26, 1992 7. A request for a variance from Section 17.28.330 to allow a residential driveway to exceed the maximum slope permitted. Lot 16, Vail Potato Patch\782 Potato Patch Dr. Applicant: Andrew Daly Planner: Shelly Mello TABLED UNTIL OCTOBER 26,1992 8. A request for setback variances to allow for an addition at 2963 Bellflower/Lot 7, Block 6, Vail Intermountain. Applicant: Hans and Mia Vlaar Planner: Mike Mollica/Jim Curnutte TABLED UNTIL OCTOBER 26, 1992 9. Approval of minutes of the PEC meeting of September 28, 1992. 3 1 ..~i is , l d TOWN OF VAIL ~ 75 South Frontage Road Office of the Mayor Vail Colorado 81657 303-479 2100 FAX 303-479-2157 December 13, 1991 Ms. Noelle Paige Staab FDIC Staff Attorney Advisories/Transactions Federal Deposit Insurance Corporation Legal Division 707 17th Street, Suite 3000 Denver, Colorado $0202 Dear Ms. Staab: In your letter to the Vail Town Council of November 15, 1991, you argue that certain restrictions placed on Unit 17, 770 Potato Patch Drive by Town of Vail Ordinance No. 39, Series of 1981, limiting the unit for use as a caretaker's unit are invalid, and that the Town should remove the restrictions in order to allow the FDIC to sell Unit 17. The Town's response is as follows: 1) Ordinance No. 39, Series of 1981, is a valid legislative enactment of the Town of Vail. The ordinance prohibits the conveyance and the leasing or renting of the unit for a period of less than thirty (30) consecutive days, and requires that ' the unit be rented only to tenants who are full time employees in the Upper Eagle Valley. It is the Town of Vail's position that any conveyance or rental which violates the term of the ordinance is invalid. This unit represented additional density added to the 770 Potato Patch Condominium complex, which never would have been granted if the unit were not restricted as an employee housing unit. 2) You argue in your letter that the FDIC should be permitted to disregard the restrictions because no covenants containing the restrictions were filed on the land records of Eagle County. Under Colorado law, the recordation of a zoning ordinance is not necessary to provide constructive notice to subsequent purchasers, such as the FDIC in this instance. Colorado case law provides that a zoning amendment is a legislative enactment, and as such does not need to . • Ms. Noelle Paige Staab Federal Deposit Insurance Corporation December 13, 1991 Page 2 comply with Colorado recording acts. The goals of the Colorado recording statute are satisfied through the zoning approval process. Consequently, the FDIC had record notice of the restrictions of Ordinance No. 39. In addition, the condominium map for 770 Potato Patch Drive which was signed and accepted by the owner of the .property, and which is recorded on the land records of Eagle County designates the unit as a caretaker's unit. Finally, as can be seen from the enclosed correspondence, the FDIC has been notified by the Town of Vail on several occasions of the restrictions contained in Ordinance No. 39. 3) You note in your letter that the Silverado Investment Company was the owner of record and had been paying property taxes on the unit. However, in a letter dated September 27, 1989, a copy of which is enclosed, the Eagle County Assessor verified that the caretaker's unit at 7 70 Potato Patch Drive has been considered part of the general common elements and not assessed as a separate unit. Apparently, the unit was assessed as a separate unit for the. first time in 1990. The Town Council of the Town of Vail understands that the FDIC has a duty to liquidate the assets of the Silverado Investment Company which are presently in receivership. Nevertheless, the Town must insist that in the process of liquidation, the Town's ordinances are not violated. The Town, however, would be happy to discuss with the FDIC some solution which would result in some solution which would be acceptable to the FDIC, but would maintain the integrity of the Town's ordinance. Very truly yours, Margaret A. Osterfoss Mayor LAE/dd xc: Raymond L. Petros, Jr. . ~ .~~~C REVD NOV 2 0 1991 Federal Deposit Insurance Corporation Legal Division, 707 17th Street, Suite 3000, Denver, Colorado 80202 (303) 296-4703 • Fax (303) 292-3959 Denver Consolidated Office November 15, 1991 Vail Town Council 75 South Frontage Road Vail, Colorado 80657 Re: 7590 - Silverado Banking, Savings and Loan Association Denver, CO - In Receivership Matter No.: A1517 Asset No.: 28198 Lamis No.: 000167001 Asset Name: Potato Patch Unit #17/31 Dear Council Members: As you may know, on December 9, 1988, the Federal Deposit Insurance Corporation ("FDIC") was appointed receiver for Silverado Banking, Savings and Loan Association. At that time Silverado Investment Company was a wholly owned subsidiary of Silverado Banking. The assets of Silverado Investment Company, including 770 Potato Patch Drive, #17, Vail, Colorado, are being liquidated. Phis unit is sometimes referred to as the "caretaker's unit". On January 17, 1991, Kristan Pritz, Community Development Director for the Town of Vail, sent a letter to the FDIC. This letter cited Ordinance 39, Series of 1981, and stated that the unit could not be sold by the "Condominium Association" until the Ordinance expires. According to the Ordinance, this was, at a minimum, Z1 years away. It should be noted that on January 17, 1991 the "Condominium Association" did not own the unit nor was the unit a common element of the complex. Silverado Investment Company was the owner of record. Further, it had been paying property taxes per the assessment on the unit. Nothing in the Declaration would indicate that the unit is a common element of the property. The Ordinance states "the aDOlicant shall agree in writino: a. that the employee housing unit shall not be sold, transferred or conveyed and b. that the "employee housing unit shall not be leased or rented for any period of less than thirty (30) days and, if it shall be rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley." Upon our review of the file, we cannot ascertain who the applicant may have been; however, no agreement was found in writing which could be construed as an agreement to limit the ability to sell or otherwise convey the property. Therefore, it is difficult to ascertain any restrictions by virtue of the Ordinance. Apparently, Ordinance 39 was passed and ordered published by title only on November 3, 1981. In our review of the real estate records, we can find no indication which unit is designated as the employee housing unit. Further, a recent title commitment received by the FDIC shows no Declaration of Covenants and Restrictions filed in Eagle County which limits the ability of the owner to r`" . Vail Town Council Potato Patch Unit #17/31 November 14, 1991 Page 2 sell or otherwise convey this unit, despite Paragraph 5.d. of the ordinance which provides that 'the applicant shall agree in writing that a Declaration of Covenants and Restrictions shall be filed of record in a form approved by the town attorney for the benefit of the town. Therefore, any such covenant cannot be construed to run with the land. Finally, the Ordinance was not recorded in the real property records of Eagle County until November 17, 1989. At that time, Silverado Investment Company owned the unit and certainly had not agreed to the restrictions included in the Ordinance. For these reasons and others, such as the right against unreasonable restraints on alienation of property, it is the FDIC's position that the prohibition of sale set forth in the Ordinance would not be upheld by the courts. Because the FDIC has a duty to liquidate the assets of the Receivership, we must take immediate action to do so. In a recent telephone conversation I had with Larry Eskwith, Town of Vail Attorney, he stated that he has no authority to in any way compromise the Ordinance and suggested that I write to you. Please contact me no later than December 15, 1991 regarding how you would propose to resolve this matter in order to meet our mutual objectives. If we do not hear from you we will be forced to pursue our legal remedies in order to liquidate this asset. You may contact me directly at (303) 296-4703, Ext. 3773 or at the address indicated in the letterhead. If I may answer any questions for you in the interim, please let me know. I look forward to your response. Sincerely, No lle Paige St ab FDI S off Attorney Advisories/Transactions NPS:cz Enclosure cc: Larry Eskwith, Esquire Linda Preston, Account Officer ORDINANCE #39 (Series of 1981) AN ORDINANCE AMENDING ORDINANCE #30 OF 1977; CHANGING THE h1AXIMUM ALLOWABLE DWELLING UNITS ON LOT 6, BLOCK 2, POTATO PATCH, FROM A MAXIMUM OF 30 UNITS TO A MAXIMUM OF 31 DWELLING UNITS; PROVIDING THAT ONE SUCH DWELLING UNIT BE RESTRICTED TO AN EMPLOYEE HOUSING UNIT; SETTING THE STANDARDS GOVERNING SUCH EMPLOYEE HOUSING UNIT; SETTING THE PERMISSIBLE GROSS RESIDENTIAL FLOOR AREA ("GRFA") FOR SAID 31 UNITS; AND PROVIDING DETAILS IN RELATION THERETO. WHEREAS, Ordinance #30 of 1977 zoned Lot 6, Block 2, Potato Patch to a maximum of 30 dwelling units; and WHEREAS, the current owner of the property wishes t~o amend the allowable number of units to 30 plus 1 unit which would be restricted to employee housing use as a caretaker facility; and WHEREAS, the Planning and Environmental Commission has recom- mended unanimous approval of this amendment; and WHEREAS, the Town Council considers it important to obtain dwelling units restricted to employee housing; and WHEREAS, the Town Council is of the opinion that this amendment is in the interest of protecting the health, safety and welfare of the inhabitants of the Town of Vail; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Exhibit A of Ordinance #30, Series of 1977, fifth • paragraph from the top, is hereby amended to read as follows: Lot 6, Block 2, Potato Patch shall be zoned Medium Density Multi-Family (MDMF) with a maximum of 31 units with one unit of the 31 whici~ shall be restricted to employee housing according to tiie following restrictions: 1. That the Gross Residential Floor Area (GRFA) of the site as determined by the Community Development Department under MDMF zone standards not be exceeded on the site. 2. That fifty percent of the required parking be enclosed. 3. The architectural design of the structure and the materials and colors must be visually harmonious with the remainder of the s i to . • 4. Access to the unit~inust not adversely affect the"privacy - of adjacent structures. 5. The applicant shall agree in writing: a. 71rat the employee housing unit shall not be sold, transferred or conveyed unit for a period of not less than the life of Trent William Ruder, a life in being, plus twenty one (21) years from date that the Certificate .of Occupancy is issued for said unit, and b. That the employee housing unit shall not be leased or rented for any period of less than thirty (30~) consecutive days, and that if it shall be rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The "Upper Eagle Valley" shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A "full-time employee" is a person who works an average of thirty (30) hours per week; and c. That the enrplayee housing unit shall not be divided into any form of timeshares, interval ownership or fractional fee, and d. That a declaration of covenants and restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsection, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Cvde is provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding, as commenced under or by virtue of the provision repealed or repealed -Z- - and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS 20th DAY OF OCTOBER, 1981, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING.OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, ON THE .~i~.- DAY OF ~ 1981. ~L M a~r6r - ~ - Q ' ATTEST: ~ ' i~ ' TOWN CLE INTRODUCED, READ, APPROVED ON SECOND READING AND ORDERED P U B L I S H E D "-c7 c-~Ct~ T H I S .3if~ D A Y O F ~j~~,.~ ~ 19 81 . r ~ ' Mayor" / ' ATTEST: Town Cl ~r.k _3_ L:..:.. MEMORANDUM TO: VAIL TOWN COUNCIL FROM: VAIL HOUSING AUTHORITY RE: MOUNTAIN BELL SITE EMPLOYEE HOUSING FEASIBII.ITY DATE: OCTOBER 8, 1992 Over the course of the past couple of months, the Housing Authority has completed a preliminary feasibility plan for the Mountain Bell site. The following have been completed: (1) Site planning and development plan completed by Alpine International. (2) Survey with topographic information, leases and utility line locations. (3) Geotechnical study prepared by Chen Northern. A concept development proforma was completed to review the financial feasibility of the development plan. The key assumptions are: Number of Units ~ 44 Size of Unit (prototype) 800 sq. ft. Monthly Rent $800/month + utilities Gross Square Footage 42,800 sq. ft. Net Rentable Square Footage 37,200 sq. ft. Construction Costs $65.00/sq. ft. Financing Amount 80% of construction costs Financing -Interest Rate 6.5% Financing -Debt Coverage 1:25 In summary: (1) The Town would contribute the land to the venture. (2) An additional equity investment of $400,000 to $500,000 may be required. (3) An additional yearly operating subsidy may be required, if loan coverage to cash flow of 1:25 is required by the lender. (4) No impact by the child care facilities has been considered. Unresolved issues that may impact feasibility: • Land needs to be rezoned. • Land lease needs to be renegotiated for access to easterly properties. • Initial geotechnical study indicates possible problems with debris flows, etc. • Construction cost of $65.00 may be difficult to achieve. MOUNTAIN BELL SITE FINANCIAL PROFORMA DEVELOPMENT PROFORMA HIGHLIGHTS NUMBER OF UNITS 44 SQUARE FEET PER UNIT 800 NET RENTABLE SQUARE FEET IN PROJECT 37,200 GROSS SQUARE FEET IN PROJECT 42,800 CONSTRUCTION COSTS PER SQUARE FOOT $65.00 FINANCING LOAN AMOUNT PERCENTAGE 80% INTEREST RATE 6.5% YEARS 20 BOND AMOUNT $3,482,000 EQUITY REQUIRED STATE GRANT $300,000 TOWN OF VAIL $435,000 OPERATING PROFORMA HIGHLIGITS NUMBER OF UNITS 44 RENT PER UNIT PER MONTH $800 VACANCY RATE 5% OPERATING COSTS PER SQUARE FOOT PER YEAR $3.00 CASH FLOW FROM PROJECT $8,184 CASH FLOW WITH LOAN COVERAGE ($69,690) l 0/12/'92 MOUNTAIN BELL CONCEPTUAL DEVELOPMENT PROFORMA LAND AND CONSTRUCTION COSTS ASSUMPTIONS LAND 0 Contributed by Town CONSTRUCTION COSTS CONSTRUCTION COSTS 2,782,000 42800 sq ft @ $65 SITE DEVELOPMENT -ROADS & UTII,ITIES 200,000 Per estimate SITE DEVELOPMENT - OFFSITE 200,000 Turning Lane SITE DEVELOPMENT - LANDSCAPING 100,000 TOTAL -LAND & CONSTRUCTION 3,282,000 FEES/PERMITS ARCHITECTURE/ENGINEERING 130,000 4% Costs with reimbursables TAP FEES -WATER AND SEWER 188,000 $4275 per unit LEGAL/PERMTTS/SURVEY 75,000 TOTAL - FEES/PERMTTS 393,000 TOTAL DEVELOPMENT COSTS 3,675,000 FINANCING PROFORMA BOND FINANCING 2,940,000 80% of costs BOND RESERVE 368,000 10% of costs ISSUANCE COSTS 174,000 5% of bond issue TOTAL BOND AMOUNT 3,482,000 SOURCE AND USE OF FUNDS SOURCE BOND FINANCING 2,940,000 EQUITY REQUIREMENT 735,000 TOTAL SOURCES 3,675,000 USE DEVELOPMENT COSTS 3,675,000 TOTAL USES 3,675,000 EQUITY REQUIREMENT STATE GRANT - 1992 300,000 May not be available. TOWN OF VAIL ~ 435,000 TAPFEES-DEFERRAL p 735,000 MOUNTAIN BELL- VHA 10/13/'92 MOUNTAIN BELL CONCEPTUAL OPERATING PROFORMA RENTAL INCOME $800/MO $900/MO $1000/MO 44 TWO BEDROOM UNITS 422,400 475,200 528,000 VACANCY @ 5% 21,120 23,760 26,400 401,280 451,440 501,600 NET RENTAL INCOME OPERATING COSTS OPERATING EXPENSES- $3.00 SQ FT 111,600 111,600 111,600 LESS: PROPERTY TAXES (30,000) (30,000) (30,000) TOTAL OPERATING COSTS 81,600 81,600 81,600 NET OPERATING INCOME 319,680 369,840 420,000 DEBT SERVICE $3482000 @ 6.5% 20 YEARS 311,496 311,496 311,496 CASH FLOW 8,184 58,344 108,504 LOAN COVERAGE REQUIRED AT 1.25 389,370 389,370 389,370 CASH FLOW W1T'H LOAN COVERAGE (69,690) (19,530) 30,630 OPERATING COSTS SHOULD RUN FROM $2.50 TO $3.50 A SQ FT PER YEAR INCLUDING TAXES MOUNTAIN BELL - OP MOUNTAIN BELL SITE Rental Pro Forma Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr 7 Yr 8 Yr 8 Yr 9 Yr 10 Gross Rental Income 1 I $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2 bdrm I $422,400 I $435,072.00 $448,124.16 $461,567.88 $475,414.92 $489,677.37 $504,367.69 I $519,498.72 $535,083.68 $551,136.19 $567,670.28 3 bdrm I _ $0 _ I ~ I Vacancy Expense I $21,120.00 21,753.60 22,406.21 $23,078.39 $23,770.75 I $24,483.87 I $25,218.38 I $25,974.94 $26,754.18 ~ $27,556.81 $28,383.51 Effective Gross Income I $401,280.00 $413,318.40 $425,717.95 $438,489.49 $451,644.17 I $465,193.50 ~ $479,149.31 I $493,523.78 I $508,329.50 I $523,579.38 I $539,286.77 I I_ a= 1 1 Expenses I I I I I I I I I Utilities I I I I I I Operating/Administration I _ I I I I I I Property Taxes I _ I I I I I I Insurance I I I I I ~ I I Maintenance/Repairs I 1 l I I I I I Total Operating Expense I $81,600 I $81,600 $81,600 $81,600 $81,600 1 $81,600 I $81,600 , $81,600 , $81,600 I $81,600 I $81,600 I _ - I I I I I Net Operating Income I $319,680.00 I $331,718.40 I $344,117.95 $356,889.49 $370,044.17 $383,593.50 $397,549.31 I $411,923.78 I $426,729.50 I $441,979.38 + $457,686.77 I I I I I Debt Service (int. only) I $200,045 I $200,045 $200,045 ~ $200,045 $200,045 I $200,045 I $200,045 I $200,045. I $200,045 + $200,045 I $200,045 Debt Service (grin & int) $311,496 I $311,496 $311,496 $311,496 $311,496 $311,496 I $311,496 I $311,496 I $311,496 ~ $311,496 I $311,496 Cash Flow after P&I debt serv. $8,184.00 I $20,222.40 $32,621.95 $45,393.49 $58,548.17 $72,097.50 $86,053.31 ~ $100,427.78 I $115,233.50 I $130,483.38 I $146,190.77 Debt Coverage Ratio I 1.03 I 1.061 1.10 1.15 I 1.19 I 1.23 1.28 ~ 1.32 ~ 1.37 I 1.42 I 1.47 'parcel .i - 2v a~ C~2~ 5 . ~ ~~ti u~' c ~.1'Q~. -Ixt`ol ~Ci is 'A7yq 'O . . to ~ 5`/, 16 ~ Ex.~~^,: ' - - - IS q ~e~~•t~ufri ~u,e, akd w~ecud r HOUSCOMP.XLS j two bed - - ~ rivo bed rent per utilities approx. I rent- 1 bed rent- 2 bed rent- 3 bed sq. it sq, tt. Included? 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"••SxOvt• vtatlax~asa:n:3xwL f from Trail Pftkin Creek r• 5950 900 1.06 no allele. iromTraii Matterhorn Sing•Fam 51,800 1900 0.95 no gas S100lmo trom Trail Courtside 3 bed + loft S2,500 1900 1.32 no allele I from Daily Heather I I 51,200 1200 1.00 no allele S2501mo I • i I l I ~ I j I I ~ j I j I i ~ ~ ~ i j i I ~ I II ~ I Ii i I i 'River unBs are 109'. higher la eagle bend I I ~ ~ 1 ~ ~ j I "Assumption made tmm Profortna by RRC I ~ ~ ~ I ~ I ~ ~ l • "'Assumol'ron made rmm design work by Shem Donvard toarkina and automobile access turned out to be the design constraints- a stiohlly larger or smaller buildna could be used to accommodate apartments raneina Irom B00 sa. fl 101200 sq. tl] 1 Page 1 ' , • ~ 1?- ' MEMORANDUM TO: Town Council FROM: Shelly Mello DATE: October 13, 1992 SUBJECT: Follow-up to Town Council review of off-site development adjacent to Lot 1, Block 7, Vail Village First Filing/1 Forest Road Applicant: Ron Byme , ' ~oY. On September 15, 1992 the Town Coundl reviewed a Design Review Board (DRB) approval for 1 Forest Road. The DRB approval was for a change to the landscape plan. Discussion was held relating to the improvements, completed by the property owner on U.S. Forest Service (U.S.F.S.) land. The improvements included a water diversion structure, regrading, the addition of landscaping and site walls. Rob Levine motioned to uphold the DRB decision and Jim Gibson seconded the motion. The vote passed unanimously. Tom Steinberg made a second motion regarding the technical studies to be completed for the encroachments on U.S. F.S. land. This motion failed 1-6. A third motion by Rob Levine was made relating to concerns about the U.S.F.S. encroachments with these conditions: 1. The staff not issue a final Certificate of Occupancy (C.O.) until such time as staff determined whether or not additional studies were necessary and appropriate; and 2. There was evidence of an agreement between the U.S. Forest Service and the property owner regarding the encroachments on U.S.F.S. land. This motion was seconded by Merv Lapin and passed 77=0. The staff was further directed to return to Council regarding the water diversion on the property. After review of the Uniform Building Code and Town policies, the staff has determined that in projects of this nature, detailed engineering studies have not been required. It may be prudent to require these studies in the future depending on the complexity of the project. The DRB guidelines allow the staff to request further drainage study. Further, the Council requested that we review the slope stability for the entire Forest Road area. Because this expertise is not available in house, a consultant would need to be hired to complete this task. Attached is correspondence between the U.S.F.S. and Mr. Byme. These letters detail what will be required of Mr. Byme in order to resolve the encroachment issue. The U.S.F.S. has required that an environmental analysis be completed to identify any consequences of the construction of the diversion structures completed by Mr. Byrne. This will need to be completed prior to the permitting of any diversions. Mr. Byme has agreed to complete all of the U.S.F.S. requirements as specified. At this time the staff would recommend that a final C.O. be released for the project. Ro~v. BYR~)E•, & ~lSS0CiATES t READ. ESTATE 28:" orui.~~E Sl'R~ET ~R„ COLORADO B'1657 3n3l~i75~t8~7 September 24, 1992 " AZr. Jay Peterson 108 S. Frontage Road West ~ Yail,C~ 81657 ~ ~ bear Jay: . Attached is the letter we received from Vti'illiam. Wood, the District Ranger, regarding the conditions specified by the Forest Service far rry propemr located on Forest Road. I agree to all of the conditions set fork in the letter and I am pleased that everytlhing has come to a ~ satisfactory resolution. ~ Please give me a call i; 3~ou should have any questions. Jam hopeful that this Svill allow us to obtain our Fi Cenificate of Ckcupancy. st regards, Ron Byrne RB:a~S i i i ` United States Forest White River Holy Cross Ranger District ' Department of Service National P.O. Box 190 Agriculture Forest Minturn, Colorado 81b45 303-827-5715 Reply.to: 5450 Date: September 21, 1992 Ron Byrne Ron Byrne and Associates Real Estate 285 Bridge Street Vail, Colorado 81657 Dear Mr. Byrne: . On April 10, 1992 you were provided with a letter from the Forest Service describing the desired outcome of the title claim case resulting from the improvements which were constructed on National Forest System lands directly behind your residence on Forest Road. On September 15. 1992, Tim Grantham of my staff, reviewed the work which has been completed with you and Jay Peterson. I appreciate the effort you have made thus far in resolving this case and hope that we may continue to work towards a satisfactory solution. Below .is a list of work remaining to be done and the procedure you should follow to get the diversion structure under a Special .Use Permit. The area on the west end of your lot has been reclaimed to the Forest Service's satisfaction. The majority of the retaining wall has been removed and recontoured and native vegetation planted. The boulders which are about 3 tiers high along the base of the slope are on the property line and should be left for slope stabilization. The non-native trees and sod that were south of this area have been removed and no additional work is required. The sodded area above the diversion ditch plunge pool still needs to be removed down to the Forest Boundary and this area reveg'etated with native plant and grass species. The crab tree which was planted in this area is on the property line and can remain in place. I am allowing you until the middle of October to begin the revegetation work so as to take advantage of late fall moisture. All work. should be__completed by November 15, 1992. At the time .the work has been completed, please notify this office and request an inspection of the work. Once this work has been completed, my goal is to then get the water diversion structure under permit, for which an annual fee will be assessed. The first step to permitting the structure is to fill out a Special-Use Application and Report and submit it to this office for processing: I have enclosed a blank application for your use. I will follow the same process that would normally U~?S FS•8200.28(7.82) J • ~ E. au..' ~~)~~.3t~ 2 V~N . w occur before a structure of this type would be allowed to be constructed on National Forest System lands. This will require an environmental analysis which will display the consequences of constructing the structure. Before I can recommend to the Forest Supervisor that the diversion structure should be permitted, I will need to know how this feature has affected slope stability and,j~vdrological characteristics of the, affected area. The report should also address the_s__af_ety_and integrity of the structure. This study will need to be conducted by a certified engineer at your cost. If any other reports .or data are necessary to issue a decision to allow this structure, you will also be responsible for providing those to the Forest Service. Thank you for your continued cooperation in resolving this situation. Once you have returned the enclosed application, the analysis process will begin. Sincerely, WILLIAM A. WOOD District Ranger Enclosure TJG U~S Fs•ezoo•2ec~•az) Oh19 No. G5Ss :1,,, Expires 0/31/. USDA-Forest Service ~ FOREST SERVICE USE ONLY SPECIAL-USE APPLICATION AND REPORT Date Received Region Number State Code County Code _ (mo/day/yr) (Ref.: FSM 2712, 36 CFR 251.54) - - - - Congressional Forest Code Unit ID Symbol INSTRUCTIONS Dist. Number (Admin. Unit No.) (NFFID No.) Applicant should request a meeting with the Forest Service representative responsible for processing the - application, prior to completing this form, This meeting' Ranger Dist. No. User Number Kind of Use Code wiU allow a discussion of the form's requirements and (Rasp, nlst.) identify those items to be omitted. PART I-APPLICATION (Applicant Completes) 1, Applicant Name and Address 2. Authorized Agent Name, Title and Address (in- 3. Area Code and Telepho, (include Zip Code) ~ elude Zip Code) if different from Item 1. ~ Number ~ a. Applicant's b. Authorized Agent's • 4. As applicant are you? (Mark.one box with "X") 5. Specify what application is for: (Mark one box with "X") a, ~ Individual ~ a. ~ New authorization' b, ~ Corporation' b. ~ Renew existing authorization c, ~ Partnership/Association' c. ~ Amend existing authorization' d, ~ State Government/State Agency d. Other' e. ~ Local Government • If marked "X", provide details under Item 7. f. Federal Agency ' If marked "X", complete PART II. 6. If you are an individual or partnership, are you also a citizen(s) of the United States? Yes ~ No: • ; • 7. Describe in detail the land use, including: (a) type of use, activity or facility; (b) related structures and facilities; (c) physical spec fications (length, width, acres, etc.); (d) term of years needed; (e) time !~f year of use or operation; (f) duration and timing of co struction; (g) temporary work areas needed for construction; and (h) anticipated need for future expansion. (If extra space is neede use Page 3, REMARKS). 8. Attach map covering area and show location of proposed use and/.or furnish legal description of the land, 9. Give statement of your technical and financial capability to construct, operate, and terminate the use for which authorization is requeste, including the protection and restoration of Federal lands. (If extra space is needed, use page 3, REMARKS). Previous edition is obsolete. (OVER) FS-2704-3 (1 10a. Describe ocher reasonabhe alternative proposals considered. . . i. I 10b. Give. explanation of why it is necessary to utilize Federal lands and why the alternatives in item l0a were not selected. 11. Provide statement of need for proposed use, including the economic feasibility and items such as: (a) cost of proposal (construction, operation, and maintenance); (b) estimated cost of next best alternative; and {c) expected public benefits. (Ifi extra space is needed, use page 3, REMARKS). , . ~ 12. Describe probable effects on the area population, including social and economic aspects, and rural lifestyles. 13. Describe likely environmental effects that the proposed use will have on: (a) air quality; (b) visual impact; (c) surface and ground water quality and quantity; (d) control or structura{ change•on any stream or other body of water; (e) existing noise levels; (f) land surface, in- , chiding vegetation, permafrost, soil and soil stability; and (g) populations of fish, plant, wildlife and marine life, including threatened and.; endangered species. (If extra space is needed, use page 3, REMARKS). • 14. Describe what actions will be taken to protect the environment-from the effects of the proposed use. ` . 15. Name all Federal, State, County or other department(s)/agency(ies) where an application for this is being filed. Attach appropriate license, building permit, certificate or other approval document. P HEREBY CERTIFY, that I am of legal age and authorized to do business in the State and that I have personally examined the information contained in the application and that this information is correct to 16a. Applicant's Signature (Sign in ink) 16b. Date the best of my knowledge. Title 18, U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction, . -2-- r 6~ • PART II-SUPPLEI4]ENTAL IN1=0RI~ATION (Applicant Completes) ' ~ MARK "X" IN APPRO- PRIATE BOX BELOW • I-PRIVATE CORPORATIONS ~ ~ ATTACHES I FILED° a. Articles of Incorporation - ~ ~ ~ ? ? b. Corporation Bylaws I ? ? c. A certification from the State showing the corporation is in good standing and is entitled to operate within the ? ? State.:; ' d. Copy of resolution authorizing filing I ? ? e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and' percentage of any class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, ? the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. f.' If application is for an oil or gas pipeline, describe any related right-of-way_or temporary use permit applica- ? ? tions, and identify previous applications. g. If proposed land use involves other Federal lands identify each agency impacted by proposal. ? ? . II-PUBLIC CORPORATIONS a. Copy of law forming corporation I ? ? b. Proof of organization . ? ? c. Copy of Bylaws ? ? d. Copy of resolution authorizing filing ~ ? ? e. If application is for an oil or gas pipeline, provide information required 'by Item "I-f" and "I•g" above. ? ? • . :III-PARTNERSHIP:~OR OTHER UNINCORPORATED ENTITY • a. Articles of association, if any ? I ? b. If one partner is authorized to sign, resolution authorizing action is ? I ? c. Name and address of each participant, partner, association, or other ? ? d. If application is for an oil or gas pipeline, provide information required by Item "I-f" and "1-g" above. ? ? • If the required information is already filed with the Forest Service and is current, check box titled "Filed." Provide the file identification information (e.g., number, date, code, name and office at which filed). If not on file or current, attach requested information. REMARKS: (This space is provided for more detailed responses to PART I.) Please indicate the item numbers to which these, responses apply. Attach sheets, if additional space is needed. , s , t..r _ ~ ~ PART lli-REPORT Oh APPLICATION (Forest Officer Completes) 1. General description of the area and adaptability for the proposed use. Outline area on separate map if needed to clarify proposed use. 2. If previously under authorization indicate: a. Name of Holder b. Date Authorized c. Date Closed 3. Describe any encumberances on the land, such as withdrawals, power projects, easements, rights-of•way, mining claims, leases, etc. Show on map provided. , 4. State approximate amount and kinds of timber to be cut, recommended stumpage prices, method of scaling; include recommendation on disposal of merchantable timber: (a} to holder at current damage appraisal or (b) to others than holder under regular timber sale procedure. 5a. Wil{ proposed use conform to Forest Land and Resource Management Plan? ~ Yes ~ No 6. Has an Environmental Assessment been prepared? ~ Yes (Attach) ~ No c. Has an Environmental Impact Statement (P.L. 91-190, 42 USC 4321) been prepared? ~ Yes (Attach) No (Note: If "No" is marked with an "X" in any of the above questions, explain +n item 6 below.) 6. Recommendations, including any factors which might affect the granting of the authorization or future use of the land. • - 7. List mandatory and optional clauses which should be made a part of this authorization (See FSM 2780). 8. Fee recommendation (Describe here or on computation sheet attached). 9a. RECOMMEND Approval' or b. Signature (Sign in ink) c. Title d. pate Disapproval' 10a. FINAL Approval° or b. Signature.(Sign in ink) c. Title d. Date ' Disapproval' , ° Delete one by lining it out. ~ U.S Geramm~nt Prlntin9 O/fim: 1!l1-172-e1t/S!!16 r 1 MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 15, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 15,1992, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:50 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob Levine Bob Buckley TOWN OFFICIALS PRESENT: Ken Hughey, Assistant Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Martha Raecker, Town Clerk The first item on the agenda was Citizen Participation of which there was none. Second on the agenda was a Consent Agenda consisting of two items: A. Ordinance No. 22, Series of 1992, second reading, an ordinance authorizing and directing acquisition of certain property mare particularly described in Exhibit A, attached hereto and incorporated herein ("the property") for park and recreation purposes, and authorizing and directing the acquisition of a certain permanent easement more particularly described in Exhibit B attached hereto and incorporated herein ("the easement") to be acquired by negotiation if possible, and, if negotiation is not successful, by eminent domain proceedings. B. Ordinance No. 23, Series of 1992, second reading, an ordinance authorizing and directing acquisition of a permanent easement more particularly described in Exhibit A, attached hereto and incorporated herein, ("the easement") for public drainage purposes by negotiation, and, if negotiation for acquisition is not successful, by eminent domain proceedings. Mayor Osterfoss read the titles in full. Larry Eskwith noted correction of a typo in Ordinance No. 22, and stated the word "permanent" was to be added before the word "easement" in the titles of both of these ordinances before next publication. (Note: The addition is shown in bold above.) Jim Gibson moved to approve the Consent Agenda with the c..~.~ction and additions as noted by Larry, with a second fi,,... Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 was Ordinance No. 24, Series of 1992, first reading, an ordinance authorizing the issuance of the Town of Vail, Colorado, General Obligation Refunding Bonds, Series 1992A in the total aggregate principal amount of $7,000,000 for the purpose of refunding a portion of the Town's outstanding General Obligation Refunding Bonds, Series 1985; prescribing the form of said bonds; providing for the levy of general ad valorem taxes to pay the principal of and the interest on the Bonds; providing other covenants and details in connection therewith; and repealing all ordinance in conflict therewith. Mayor Osterfoss read the title in full. Steve Thompson explained the purpose of this ordinance and of Ordinance No. 25, Series of 1992. Larry Aubrecht, representing Hanifen Im,~off, Jack Wolfe, representing Kemper Securities, and Steve Jeffers, representing George K. Baum, discussed the bond details, and the rationale of splitting into two bond issues -general obligation refunding bonds and sales tax revenue refunding bonds. After discussion co;~cerning repo amounts, ratings, and call periods, Merv Lapin noted these ordinances were not final until after second reading. There was discussion concerning potential consequences should these ordinances not pass on second 1 t L reading. Merv then moved to apr~ ~ ~e Ordinance No. 24, Series of 1992, on first reading, with a second from Rob Levine. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 was Ordinance No. 25, Series of 1992, first reading, an ordinance authorizing the issuance of Town of Vail, Colorado Sales Tax Revenue Refunding and Improvement Bonds, Series 1992B; rte.. ?iding the f,.~...., terms and conditions of the Bonds, the manner and terms of issuance, the manner of execution, the method of payment and the security therefore; pledging sales tax and parking revenues of the Town for the payment of the bonds; providing certain covenants and other details and making other provisions concerning the Bonds and the sales tax and parking revenues; ratifying action previously taken and appertaining thereto; and repealing all ordinances in conflict herewith. Mayor Osterfoss read the title in full. Noting the purpose and particulars of this ordinance had been discussed in conjunction with Ordinance No. 24, Series of 1992, Merv Lapin moved to approve Ordinance No. 25, Series of 1992, on first reading, with a second from Rob Levine. A vote was taken and the motion passed unanimously, 7-0. Second readings of Ordinance No. 24 and Ordinance No. 25, Series of 1992, were scheduled for a Vail Town Council Special Evening Meeting on Tuesday, September 29, 1992. Item No. 5 was Ordinance No. 26, Series of 1992, first reading, an ordinance repealing Section 11 of Ordinance No. 14, Series of 1987, Subsection 9 concerning the Vail Village Inn Special Devel„y,..~ent District regarding a use restriction on a dwelling unit, and setting forth details in regard thereto. The applicant was BSC of Vail, Colorado, L.P./Frank Cicero. Mayor Osterfoss read the title in full. Mike Mollica explained the applicant's request was for a major amendment to Special Development District (SDD) No. 6 (Vail Village Inn) in order to remove a rental restriction upon Unit No. 30 of the Vail Village Inn Plaza Condominiums. Mike briefly outlined inf~~....ation covered in the CDD's memo dated August 24, 1992, regarding the background and history of the plaTr~ng process which occurred in 1989, allowing Unit No. 30 to be converted from commercial use to residential use. He noted the Planning and Environmental Commission (PEC), at their August 24, 1992, public hearing, had unanimously voted (7-0) to recommend denial of this applicant's request. Ken Wilson, Branch Broker for Vail Associates Real Estate, representing the applicant, distributed a letter dated September 15, 1992, which questioned whether or not Unit No. 30 should have ever been .placed under the Condominium Conversion ordinance, and whether or not the ordinance had been consistently applied over time. At this point, Bob Buckley stepped down from discussion of this agenda item due to a potential conflict of interest. A lengthy exchange followed with Mr. Wilson and applicant, Frank Cicero, alternately voicing opinions about lack of consistency in enforcement of the Condominium Conversion ordinance, referring to the Gateway and Vail Village Inn as adjacent properties without the rental restrictions, and questioning the legality of the ordinance. Council and staff repeatedly emphasized each SDD stood on its own merit, and each SDD had different restrictions and development standards. Tom Steinberg and Rob Levine pointed out concessions other SDDs had made as part of the creation of their SDDs. When asked if he would consider putting in employee housing units as part of his request, Mr. Cicero said he would, but had not previously contemplated that idea. Rob suggested Mr. Cicero return to Council with a comprehensive plan for further discussion before asking for a major SDD amendment again. After discussion about the option of reopening negotiation discussions with the PEC, Mr. Cicero asked Ordinance No. 26, Series of 1992, be tabled so he could explore alternate proposals. At this point, Jim Gibson moved to deny Ordinance No. 26, Series of 1992, on first reading, with a second from Tom Steinberg. Before a vote was taken, Mayor Osterfoss noted at the time the rental restrictions were placed on Mr. Cicero's unit, she was on the PEC and she felt the current request did not meet criteria B and D of the nine SDD criteria. Mr. Cicero again asked for a motion to table the ordinance as he did not want to start the process for this amendment request from scratch. Jim Gibson withdrew his motion to deny Ordinance No. 26, Series of 1992, and Tom Steinberg withdrew his second of that motion. ' Jim Gibson then moved to deny tabling or postponing of Ordinance No. 26, Series of 1992, with a second from Tom Steinberg. A vote was taken and that motion passed, 4-2, Rob Levine and Merv Lapin opposed. Mike Mollica indicated an additional $1,000 application fee would be required of Mr. Cicero to reapply for an SDD amendment, and there would be a time delay of approximately five weeks. Jim Gibson moved to deny Ordinance No. 26, Series of 1992, on first reading, as it did not conform with SDD criteria and the Vail Village Master Plan. Tom Steinberg seconded this motion. A vote was taken, and the motion to deny Ordinance No. 26, Series of 1992, on first reading passed, 6-0-1, Bob Buckley abstaining. Bob Buckley then rejoined Council. 2 I t ~a~ed Tower - contract with Alpine International, Inc. to ,ter ~:a~r:,.`x ~.he Town o~~ ~i cemetery and provide the accompanying ~:eport. Andy I4nu~7tsen nctc:€~ the proposed contract was before Council for .c~c=ruse it involved a fee greater than $50,000. He briefly reviewed a Community t,.~~}~?t Department (CDD) memo to Cou.'',.cii anal Ron Phillips dated May 12, 1992, . ~~~cluded inf„y.uation about progress on the cemetery project. He also reviewed the is of the RFP process and tasks, hours, aiad estimated fees for the project. The budget %~7•v arrived at was $60,000, with a contingenf~•y of $5,400 to cover possible cost overruns. Kristen Pritz advised the budget would come from salary savings in CDD's budget. Jim Gibson painted out the cemetery area was originally intended to be open space, and, although Sherry Dorward, Vice President of Alpine International, Inc., advised no definitive guidelines had yet been set, she indicated the cemetery was being planned to be natural and unobtrusive. There was brief discussion regarding a geologic study planned for the cemetery site. Tom Steinberg suggested the cemetery management be consolidated with the Minturn Cemetery District, and the private cemeteries at Intermountain and Nottingham. It was noted that Larry Sloane, the project management consultant, would be at the October 6, 1992, Council work session, and Andy asked Council to provide direction to Mr. Sloane at that meeting. Jim Gibson then moved to aprY., re the Town of VaiUContractor Agreement with Alpine International, Inc. to design the master plan for the TOV cemetery, with a second from Bob Buckley. Before a vote was taken, Kristen emphasized this agreement was for $60,000 plus the $5,400 contingency. A vote was taken and the motion passed unanimously, 7-0. Item No. 7 was an appeal of the Design Review Board (DRB} decision to approve landscape changes for the Byrne Residence, Lot 1, Block 7, Vail Village 1st Filing/1 Forest Rd. The applicant was Ron Byrne. Shelly Mello briefly explained Council had expressed concern with existing site development encroachments onto U.S. Forest Service land. Jay Peterson discussed the history of devel„ru,ents on the Byrne property, including discussions with Vail Associates, Inc. regarding devel.,r..~ent of a plan to divert water around the property. Joe Macy, of Vail Associates, Inc. (VA), recalled discussion of development of this lot with staff and Ned Gwathmey, the architect for the project at the time, had taken place approximately two years ago. The plan resulted in the installation of a water diversion system which encroached on Forest Service property. Jay acknowledged no approval had been received from the Forest Service before the water diversion plan was implemented. Tim Grantham, Lands Forester with the Forest Service in Minturn, noted there had been a site visit to the Byrne property, and most of what the Forest Service had asked to be done at that property to correct the encroachment situation had been done. Additionally, Mr. Grantham said the Forest Service recognized there was a water drainage problem in that area, and had agreed to a Special Use Permit arrangement with Mr. Byrne under the condition the Forest Service was not liable for any damage due to the change in the drainage pattern caused by Mr. Byrne's water diversion system. There was technical discussion about the water flow and run-off, and further plans for re-routing the water. At this point, Larry Eskwith indicated this agenda item concerned an appeal of a DRB aprL~,val of landscape changes, not the water drainage issue. Larry said two separate motions would be required. Rob Levine then moved to uphold the DRB decision to approve the landscape changes, with a second ;i.,.., Jim Gibson. A vote was taken and that motion passed unanimously, 7-0. Larry suggested a second motion regarding a written agreement between the Forest Service, Ron Byrne, and TOV about Mr. Byrne's water diversion structures and other encroachments be required prior to the issuance of the final Certificate of Occupancy (C.O.) After additional technical discussion about the underground diversion pipe installed on Forest Service land by Mr. Byrne, ground water movement tendencies, catch basins, and the culverts VA had the right to open or close, Tom Steinberg suggested the Forest Service have their hydrologic engineer look at the whole situation on that slope. Tom also expressed offense at Mr. Byrne's having put in structures on Forest Service land without permission, and without having advised TOV, thereby placing TOV at liability for what damage might occur. Tom Steinberg then moved that staff be instructed not to issue a permanent C.O. until such time as satisfactory results were received on a hydrologic study by a hydrologic engineer as to the effects and safety of the engineering structures that had been built by Mr. Byrne, and until (1) a plan for revegetation of the cut slope and other areas of impact was received, (2} satisfactory results of a mechanical engineering study done during the next maximum run-offin the area was received, and (3) a written agreement with the Forest Service was worked out about Mr. Byrne': •:~vater diversion system. Jim Gibson seconded that motion. Larry suggested the Uniforms ?wilding Code be checked to ascertain if the studies requested in this motion were appropri.~~~~ requirements. Jay stated the applicant would give TOV a letter holding TOV 3 r harmless ~ ;w~ . ~ -~.eVine then m e'~t"o ~t not zo sue. a msne+nt C:O u~~:a~h ~x a . ~ : j~~s~st~ff~had t~ns~s ~?e d - ~b n this ~ 5~.. ~ woe a ~ 8?1 ~r x~+ ..I tyWII@r a~ a~ ' -u.I1g is cm~'~r ~ ~ r.~'e , ae~on+~e~ ,%s,~ ! ~ A vote was taken and the motion passed~'unan~*nous y,-0. staff was directed fi ~re to Council regarding the water diversion issue on this property. Item Nos. 8, 9, and 10 were Information Update, Council Reports, and Other. The following issues were raised: * Jim Gibson and Jim Shearer had visited the Public Works Department (PW) on September 15, 1992. Jim Gibson noted Larry Grafel and Pete Burnett had asked to be included in original plan reviews of DR,B and PEC decisions affecting snow plowing and snow storage. Jim Gibson noted PW requested assistance with devel~,~,.uent of a PW PR campaign. * Merv Lapin asked Kristan Pritz for a list of restricted rental properties. * Tom Steinberg advised Colorado Public Radio had installed some of their translator equipment, and noted the FCC had turned down their request fora $40,000 federal grant. He anticipated Colorado Public Radio would be making a contribution request to TOV. * Merv Lapin inquired about paved parking at the soccer field. Joe Macy stated that area was VA property, and thought there was an agreement between TOV and VA regarding the usage of that lot. Staff was directed to research existing arrangements. * Merv Lapin asked what became of the flag pole planned to be erected outside VRA offices in honor of Paul Johnston. * Jim Shearer felt appointed TOV board member terms should be limited to 8 consecutive years. Larry Eskwith was directed to draft an ordinance for Council review. Before adjournment, Larry Grafel spoke briefly about results of bids received for development of the Ski Museum Park. He noted the two bids received exceeded estimated costs by 70 to 100%, and were rejected. He said bids for the project would be resolicited in January, 1993. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 10:30 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor A~1~ 1'rJST: Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto C:VdINSEP15.92 4 ~ We strive to provide Vail residents ~ ~ ~ ~ ~ } and guests with top quality service. ~ ~ L Your support for our efforts is z v a~ ~ ~ ~ ii ~ ~ E ro ~ ~ appreciated. g ~ ~ ~ ~ c~ a m ~ m ~ Q ~ m ~ VAIL POLICE z ~ z ~ ~ ~ ~ z z DEPARTMENT 0 0 L• ~ ~ ~ ~ ~ ~ ~ ~ PROPOSED EXPANSION W S o ~ ~ O (~D ~ 'ct p ~ 1~ O CMO y ~ ~O co r ui ai ~ ~ co ao ri AND RELATED ISSUES o N pp pp N N N ~ ~ N N (O H O H N U Many questions have been asked regarding the y proposed expansion of the Vail Municipal Building for Police Department use. The Town of Vail - ~ encourages concerned residerZts to call or stop by the department and discuss this matter. Police ~ ~ Chief Ken Hughey would be pleased to take any ~ ~ interested individuals on a tour of the current a~ ~ Y v ~ ~ a a ~ ~ facility to outline legal, safety, security, and morale _ v' cg A c ° ~ challenges associated with the current site and to va ~ oE° ~ ~ ~ ~ E _ discuss related issues. Q m m W C7 J (n fn ~ PROPOSED Design Review Board requirements; site development; Why has the department grown !n twenty years? VAIL POLICE DEPARTMENT interior building needs. Cost: $300,000 Community growth and demands from residents, EXPANSION merchants and second homeowners for increased 15°~ contingency fund to accommodate unforeseen services; increased criminal activity (due in part to the construction costs and flexibility toward community immediate impact of I-70); additional service AND RELATED ISSUES concerns. Cost: $700,000 demands due to increased year around visitor population. PROPOSAL: To expand the Vail municipal facility into WHY DOES THE VAIL POLICE the parking lot just east of the current DEPARTMENT NEED MORE SPACE? If there were fewerpol/ce department employees, municipal offices for Police Department couldn't you get along with less space? space needs. The current facility was built in 1971 to On the average, individual officers are handling more accommodate 8 department employees. In incidents per year than any other law enforcement GOAL: To address the current facility's federal agency in the area and this case load is growing. In and state code violations, liability response to growing community demands and calls the Town Council's view, reduction in numbers of concerns and legal violations, safety for service since that time, the department has officers and services provided is not a responsible and security issues, and employee branched into additional services which include answer to the current space shortage. morale challenges. To centrally locate valleywide emergency services dispatch, code all Police Department functions and enforcement, community service, animal control, How will the community benefit from a new provide more user friendly services for and crime prevention, with an average of 60 facllRy? residents and guests alike. As a result employees to carry out these functions. All police functions will be centrally kxated for better of this expansion, space needs of the service to residents and guests; legal and liability community and other departments will The jail is in violation of federal and state issues will be negated; adequate working space for be addressed by converting current regulations regarding prisoner holding facilities. department employees will increase the efficiency Police Department space. factor to better meet community service demands; Police Department files and records are currently expensive employee turnover will be reduced by PROPOSAL 17,000 square feet of space would be illegally stored due to inadequate available space. providing adequate working conditions and space. COSTS: built to accommodate all department 1985-1990 functions, including patrol, The 312 square foot patrol room is currently used LAW ENFORCEMENT investigations, crime prevention/ by 24 officers for training, shift briefings, and NATIONAL AVERAGES community relations, animal control, lockers, while simultaneously acting as storage for code enforcement/community safety, ammunition and weapons. Officers are expected to Communities with oooulations below 10.000: administration, dispatch, records, and concurrently use this high traffic area for conducting clerks. Cost: $2.16 million telephone follow-up with victims and witnesses, National Average of Police Officers 3,100 square feet of space would be and for writing detailed daily reports, for which Per 1,000 Inhabitants 2.5 built to accommodate booking, criminal accuracy is of critical importance for the legal interviews, intoxilizer; sally port, and jail. proceedings of each case. Western States Average of Police Officers Cost: $493,000 Per 1,000 Inhabitants 2.9 Prisoner and officer safety is threatened, as officers Over 70 underground parking spaces are forced to escort arrestees from the outside Mountain States Average of Police Officers would be built to adhere to community parking lot down a narrow set of stairs. This is a Per 1,000 Inhabitants 2.6 zoning and parking standards to which very hazardous situation, since approximately 90°6 all public and private sector building of the 1,000 arrestees per year are under the Vail Police Officers projects must currently abide. influence of drugs and/or alcohol. Per 1,000 Inhabitants 1.5* Cost: $2 million No designated locker room space is available for Average Defy Winter Population of 2o,too - Landscaping for nearby I-70, the female department employees. Consequently, from Vail Associates, Vail land Use Plan, u.s. frontage road, and four-way stop in these employees are forced to utilize converted Forest service, and t9so Housing Needs Assessment. response to community input and closet space beneath the department's stairway as (Taken From Annual FBI Uniform Crime Reports) a locker room. TOWN OF VAIL STATEMENT OF PROJECTED CHANGES IN FUND BALANCE 1/1/92 - 12/31/93 SPECIAL CAPITAL REAL ESTATE PARKING HEAVY VAIL DEBT POLICE TOTAL GENERAL PROJECTS TRANSFER ASSESSMENT EQUIPMENT MARKETING SERVICE CONFISCATION FUND FUND TAX FUND FUND FUND FUND FUND FUND Fund Balance 1/1/92 657,300 3,746,352 2,430,828 4,040 396,373 22,353 5,265,375 511,638 13,034,259 Estimated 1992 Revenue 15,026,112 7,138,505 1,775,510 270,000 1,480,408 678,782 4,705,114 44,000 31,118,431 Estmated 1992 Expenditures 14,190,219 7,608,638 2,560,422 274,000 1,476,693 701,593 4,439,863 111,723 31,363,151 Gain/(loss) 835,893 (470,133) (784,912) (4,000) 3,715 (22,811) 265,251 (67,723) (244,720} Equity Transfer 1,700,000 (1,700,000) Estmated Fund Balance 12/31/92 3,193,193 1,576,219 1,645.916 40 400,088 f458) 5,530.626 443,915 12,789539 1993 Revenue Budget 14,469,841 7,311,273 1,350,000 282,000 1,485,864 667,500 5,075,968 26,000 30,668,446 1993 Expenditures Budget 14,447,653 6,844,772 2,041,788 282,000 1,380,829 667,401 5,065,468 155,288 30,885,199 Gain/(loss) 22,188 466,501 (691,788) 0 105,035 99 10,500 (129,288) (216,753) Projected Fund Balance 12/31/93;:... 3;2154381 2;D42:720:: 954 :128 : <4:0 505%:123- ;;;(3591 5;541.:126 _ : 3,14 627:. 12572786.] FDBAL93 PAGE 1 13-Oct-92 u ~-wt. ~ 9 08-Oct-92 . Press Release RECYCLING THREATENED BY FUNDING Discussions at a recent county commissioners meeting lead to a proposal to cut funds for the recycling program in Eagle county to $50,000 for the year 1993. This is a reduction of 29% of the funds allocated for 1992. In fact, this is a reduction of 20% of the funds available for recycling in 1991. It appears that the county wants to get out of the recycling business and not get more involved as the demand is requiring. Recycling is becoming more and more a role of government because of the land fill crisis. New York City, Seattle, the state of Oregon and even Boulder County are examples of aggressive recycling programs which also save energy and natural resources. There is no doubt that recycling costs money due to struggling markets but it is becoming a necessary expenditure if we are to change the habits of a throw-away society. .While many funded programs in the county depend on tax revenues for support, recycling can be entirely funded from land-fill operations. Of some 26 landfills on the western slope, Eagle ranks 14 according to tipping (dumping) fees. If these fees were increased from $12.75 per ton to $16.00 a ton then the county would still rank only 7 in tipping fees. If the county can not fund the operation as is dictated by the current demand then a smaller operation would become essential. All remote drop-off points would be eliminated and all recycled materials would have to be delivered to the recycling centers in Vail or Wolcott. The recycling centers would receive and process these materials for market. No pick-up or other collections would be possible. The county budgeting process is not yet complete and hopefully the thinking of the county commissioners can be changed. ~ _ - 7: ~ ~ ~y~~~ ~ ~ w.. " y ,i"'r ~U .7 .1 ~i 114 ".J~..y . T ~ . COLORADO MUNICIPAL LEAGUE ~ ~ , v i Y t~ ~j M Y, 'y`1'h.: .,Rn ~44. e w v ~ ~ 4~~~ ~ rr ~ r i. ~ yr .q}4 f ~,d`N H v~~{_ ~ s q^ 'refl.. r 4 ~'v ' » > Y- AJr ~rc _i / 5~.. ~ ; r ~ ~ ~:r ~ :.fin ~ e~~ " ~ iLyy~1. ~ _ =4 ~ i .~:~rA ~ w ~ ~ - ~ " ate'. '~4 ~1 ~ ~ ~w I -R _ r3 wt F ~ tl}?1~_" • ar etin use e One more reason to choose George K. Baum & Company for your next municipal bond financing t _.y, " ~ _ ~ w ~,q r.:3..Z A t ~ t ~ - Wie..m i~~~' a .~Y-- ~ Ik ~ y I ~ - _ "~"y 1 p-----,_ I i ' i ri ii i i- i i ~i ~ ii- ~ i i i iii Geor a K. Baum & Com an g p Y INVESTMENT BANKERS 717 Seventeenth Street, Suite 2500, Denver, CO 80202 (303) 292-1600 (800) 722-1670 Colorado • • • • Volume 68, Number 5 u n l c ip a ides September-October 1992 COLORADO MUNICIPAL LEAGUE Articles Helping America believe again 6 John Straayer Question of local control dominates 13 Sam Mamet municipal positions on ballot issues Nov. 3 general election ballot issues 14 Guidelines for municipal participation 15 Geo f f Wilson in state ballot issue campaigns Amendment 1 will ratchet down 16 government services-and more Text of Amendment 1 24 Summary of Amendment 1 26 Amendment 6: League questions wisdom 28 of raising the state sales tax Amendment C: Local communities should have 33 voice in gaming activities Amendment 9: The League opposes Denver 34 downtown gambling measure without a local vote Amendment 2: Amendment intrudes 35 into municipal ability to adopt local ordinances Departments Management Matters 4 Harvey Rose Community Communications 5 Chuck Reid Professional Directory 38 Cover photo by Terry Oliver. Articles arY~.arirrg in Colorado Municipalities (ISSN0010-1664) may not be. ~Y...c:uced unless permission is received from the editor and the reprinted azticle includes credit to the author, Colorado Municipalities, and the Colorado Municipal League. Teaz sheets aze requested. Opinions ~..Y,«ed by authors and in advertisements aze not necessarily those of the officers, members, and staff of the Colorado Municipal League. Advertisements contained in the magazine do not reflect League endorsement of any product or service. Manuscripts accepted: Original azticles on subjects of interest to municipal officials are welcome. Manuscripts shouldbe previously unpublished, between 6 and 16double-spaced pages, and accompanied by a paragraph of biographical information about the author. Address all submissions to the editor. Subscription rate: $15 per yeaz. (Colorado residents add sales tax: in Denver, 7.3%; all others in Regional Transportation District-western Adams and Arapahoe, Boulder, Douglas and Jefferson Counties-3.8%; all others in Colorado, 3.0%). Advertising rates on request. Second c]ass postage paid at Denver, Colorado. Postal Infonma8on: COLORADO MUNICIPALITIES CUSPS 123-140) is published bimonthly Qanuary, Mazch, May, July, September, and November) by the Colorado Municipal League, 1660 Linmin Street, Suite 2100, Denver, CO 80264, (303) 831~i411. POSTMASTER: Send address changes to Colorado Municipal League, 1660 Lincoln Street, Suite 2100, Denver, CO 80264. SECTION CHAIItSlLIAISON Munidpal Attorneys Rick Brady, Attorney, Greeley Colorado Municipal League Building Offidals Steve Thomas, Building Official, Glendale Mnnidpal Clerks The Colorado Munidpal League is a nonprofit association, organized and operated by Colorado munic- Frances Haugen, Clerk, Alamosa ipalities to provide support services to member does and towns throughout Colorado. Court Administrators The League has two main objectives: Claire Walker, Court Manage, Trinidad (1) To .<r. went dties and towns collectively in matters before the state and federal government; Munidpal EnergyUtllitfes Offidals (2) To provide a wide range of information services to assist munidpal offidals in managing their gov- Darrell T. Davis, Utilities Director, Cente ernments. FlnanceDirectors Ron Lappl, Finance Director, Grand junction Fire Chiefs CML OFFICERS Mark Wallace, Fire Chief, Sheridan , Housing Authorities Dawn Shepherd, Housing Authority Mary Brown, Coundl President, Steamboat Springs PRESIDENT Director, Littleton Gary Sears, City Manager, Glendale VICE PRESIDENT Munidpal Judges Jim Gelwidcs, Mayor Pro Tem, Gunnison SECRETARYTREASURER George Boyle, Munidpal Judge, Arvada C. Theobold ~y~ ~d Junction IIvIIviEDIATE PAST PRESIDENT Managers Gary Sears, Manager, Glendale Mayors and Coundlmembers GeorgeHovorka, Coundlatembe, Westminster CML EXECUTIVE BOARD Pazks and Recreation Directors John Keize, Parks & Recreation Lorraine Anderson COUNCILMEIviBER, ARVADA Directoz, Thornton Del Beattie TOWN ADMINISTRATOR HMON PersonnelDiredors MichaelBertaux COUNCILMEMBERBRECKENRIDGE Pete Adler, Pesormel Analyst, Arvada Annette Brand CITY ADMINISTRATOR, LOULSVILLE Planning Offidals Bob Frank, Trustee, Windsor Bazbara Cleland COUN(3LMEMBER, AURORA Police Chiefs Sam Corsentino COUNCiLMEMBER PUEBLO James Nursey, Police Cheif, Thornton Trivia Dickinson COUNCILMEMBER, MONTROSE Public Works Directors Ron Hellbusch, Public Works Director, James Gall MAYOR PAONIA Westminster Robert Isaac MAYOR, COLORADO SPRINGS Purchasing Agents Susan Kirkpatrick MAYOR FORT COLLINS Duffy Kenning. Purchasing Agent, Loveland Cathy Reynolds COUNCIL PRESIDENT PRO TEM, DENVER WIMG Dennis Reynolds COUNCIL PRESIDENT PRO TEM, LTI'TLETON Lorraine Anderson, Counalmember, Arvada Robert K. Sakaguchi COUNCILMEMBER, BROOMFIELD Bill Smart COUNCILMEMBER, Cvx r r.Z DISTRICT PRESIDENTS David Werking URA COMMISSIONER, GREELEY District 1 Ron Shaver, Trustee, Log Lane Village CML STAFF District 2 Ellen Baker, Mayor Pro Tem, Fort Lupton Ken Bueche EXECUTIVE DIRECTOR Sam Mamet ASSOCIATE DIRECTOR District 3 Sharon Voiruba, Mayor Pro Tem, Thornton Geoff Wilson GENERAL COUNSEL Steve Smithes TECHNICAL SERVICES CO~xuuJATOR District 4 Richazd Decker, Councilmembe, Fountain Jan Gestent:.. c- STAFF ASSOCIATE District 5 Kay Mariea COMMUNICATIONS AND RESEARCH Raymond Helm, Mayor, Cheyenne Wells Janel Helt RESEARCH ASSOCIATE Katy Priest OFFICEMANAGER District 6 Bazbara Major ADMIMSTRATIVE ASSISTANT Tony Gazaa, Mayor, Holly Tawnya Chandler GRAPHIC SERVICES District? CathyPoude SECRETARY Lee Douglas, Assistant Manager, Pueblo Becky Phye SECRETARY District 8 Gary Dawson PRODUCTION SERVICES Fred Salazar, Mayor Antonito Jonathan Kirke LAW CLERK District9 AnetaMarkwell CLERK Bill Smart, Counalmember, Cortez District 30 Raymond Meyer, Counalmember, Delta MAGAZINE STAFF District 11 William McCurry, Coundlmember, Kay Mariea EDITOR GrandJunction JanelHelt ASSISTANTEDTTOR Distrldl2 Bazbara Major CIRCULAT'IONMANAGER Elizabeth Black, Town Manager, Frisco Tawnya Chandle GRAPHICS District 13 Roger Jensen, Mayor, Canon City Distract 14 William Cordova, Manager, Trinidad y Colorado Municipalities!September-October1992 TM in e. evv . w Dependable ~ ForkflfaType ~ uW,;~R Mast on Series F _ ~ ~ Exclusive No•Jam Conveyor Belt ~ c f ~ Large Capacity f Corrosion- r k ' Resistant Water ~ r System Dual Engine pr<'I~ /y Design t :t/ .G~w r {fJ~ I Deluxe Cab with V, Dual Independent. Tilt/Telescoping Steering Commercial Cab and Chassis Built by GMC Truck - Advanced Hydraulic System State•of•the•Art Rear-Axle Electrical System Air•Bag Suspension ' 1'lie most technol icall advanced . °g y mechanical swee er in the world. p A new era in mechanical sweeping begins with the Series F features variable high-dump that utilizes Elgin Eagle four-wheel mechanical sweeper. efficient, trouble-free forklift technology for ground Mechanical sweeping performance and efficiency, or variable height dumping to 11'6:' plus superior over-the-road transport speed, give the At the leading edge of four-wheel technology, the Elgin Eagle a distinct advantage over the Elgin Eagle is changing the future of street sweeping, competition. today. Large debris is no problem for Eagle's sweep For more information on the Elgin Eagle or Elgin's system, which includes hydraulically-driven main complete line of mechanical and air/vacuum sweepers and side brooms with adjustable digging pressure, contact: Elgin Sweeper Company and a "no-jam" conveyor belt. Arear-axle air-bag P.O. Box 537> Elgin, Illinois 60121-0537 suspension system provides suspended-axle Phone: 1-708-741-5370, Telex: 4330075 performance for transport comfort or solid-axle FAX:1-708-742-3035 performance for effective sweeping. - The Elgin Eagle is available with two dump ~ , " options. Series E features a simple dual-cylinder low- ~ Engineered to Perform. dump mechanism for chassis height dumping. Built to Last. Contact us for additional information and remember the immediate, accurate and economic service of . ~ ~ ~ ~ ~ ~ ~ I I ~ ~ Don't be aloner--thinking regionally is OK by Harvey Rose During the ensuing years, the local governments that Manager, Steamboat Springs comprise the YVEDC have learned that a regional ap- proach to problem solving has enabled them to obtain o I sound proud? Yes, I suppose I am proud of the financial and human resources which would other- the people of the Yampa Valley. They still have wise not have been available, and to develop and diver- afrontier spirit; a desire to try something new- sify the economy throughout the Valley. Goals are being but the intelligence to keep the old solutions when they attained; millions of dollars have flowed into the im- still work. This flexibility has brought many rewards- provement of three regional airports; a bus system has and awards-to the community in recent years. Most been established along the Craig/Steamboat Springs recently, the villages and hamlets that lie along the corridor to transport workers between jobs and hous- Yampa River were honored by the International City ing; a 145-mile trail from Routt County through Steam- Management Association as recipients of an Award for boat Springs, Hayden, and Craig to Dinosaur in ProgramExcellenceinIntergovernmentalCooperation. western-most Moffat County is two-thirds complete; and other projects are also in process. Recognizing that a regional approach was needed The YVEDC spun off the Yampa Valley Alliance in partnership with the to solve economic problems, the Yampa Valley u.s. Forest Service, Bureau of Land overcame years o f tradional rivalries, worked Management, National Resources to together-and won awards. oeen s a eore park lands, trails, and p P Valley-wide arts programs for en- Shortlyafter the turn of the century, when Moffat and hancement of cultural and educational opportunities Routt Counties were one, the proud folks of the valley and to improve livability were stimulated by afour-year disagreed about the selection of a county seat and partnership with the National Endowment for the Arts. decided to go their own ways. The local governments All-in-all, the people of the Yampa Valley have be- hadn'tmet together since. For the next several decades, come a model for regional cooperation. Working we each worked separately on our individual problems. together, the people of this region have planned and In the mid-1980s, however, a strong desire ignited in implemented a number of projects which could not the people of the Yampa Valley to improve the year- have been accomplished by any single city, county, or round economy of Steamboat Springs and Northwest citizen group working on its own. In a relatively short Colorado through local, state, and federal inter- time, their efforts have made the valley more attractive governmental cooperation; to overcome traditional to tourists, more enticing to new business and industry, rivalries and geographic isolation; and to build on the and-most importantly-more livable. region's history of self-reliance and innovation. With Am I proud? You bet I am. d these new objectives which had regional application, the people of this area began to come together and to work together toward common goals. Energized, Steamboat Springs and Craig improved the problem-solving capabilities of their elected officials and staff through facilitated team-building. Periodic intergovernmental "summit" meetings were initiated among the elected officials of counties, cities, towns, school districts, and special districts to establish mutual goals, solve problems, and enjoy the advantages of economies of scale through joint purchasing and con- (This column, written by different city and town struction. And, finally, representatives of the counties managers, will appear in each issue of Colorado Munici- of Moffat and Routt, and the cities of Craig, Steamboat palities magazine and address a variety o f municipal Springs, and Hayden met together for the first time management issues. For further information on the column, since 1911. Together with public participation, they contact either Kay Mariea at the League, (303) 831-6411, or developed a regional economic development plan and Gary Sears, Glendale Manager and President of the Colorado established the Yampa Valley Economic Development City/County Managers Association.) Council (YVEDC) to implement the plan. 4 Colorado Municipalities!September-October1992 1 • ~ • Teach citizens about their government all the time by Chuck Reid This strategy has allowed us to show, in a hands-on Assistant City Manager, Englewood fashion, the innovative and sound public administra- tion we have been practicing over the past few years. rom tax limitation to gaming; and from school This approach has provided a new perspective for a funding to civil rights, l3 initiatives and referen- population that issupposed to bedistrustful ofgovern- dums face Colorado voters on the Nov. 3 ballot. ments, and in almost all cases, the individuals we in- Of the 13, ten have the potential to affect the operation volve in our public information strategy walk away of municipal governments. Being aproponent of proac- feeling positive about the services we provide and the tive governance, your municipality will most likely manner in which we provide them. want to present your side of the story to the voters prior to the open- ing of the polls. However, the Cam- HOw d0 Cities and towns fight the image that all paign Reform Act (see the article by government is bad? How do we let our citizens CML General Legal Counsel Geoff know what services we provide from them? It takes Wilson on page 15) leaves govern- mental entities little room to man- a Continuing of fort one citizen at a time. euver and present the municipal view of the effect of a ballot issue on the municipality. By taking the time and effort to educate and work Much ado has been made about how municipalities with the individuals we serve, everyone walks away a can share their viewpoint on an election issue. Over the winner. The City of Englewood gains much from this years, case law and legislation have continually eroded effort: the citizens that we have involved in various the opportunities available for municipalities to inform activities and committees have contributed many valu- the voters of the effects a ballot proposal will have on able ideas and efforts to our community. Their involve- municipally provided services, be they direct or in- ment also provides the city with a better understanding direct. About the only recognized and valid option left of the citizens' needs and desires for municipal action. is the passage of a resolution by the policy-making Then, when ballot issues come around that could council, either in support or opposition to a ballot issue, affect the way we operate, we believe we have, on a and staff support of related directly to the particular continuous basis provided information to our citizens resolution. on our operations and budgeting. We believe we are In Englewood, providing information about ballot already working in an environment that is supportive issues is never done in a direct response to a particular and appreciative of the way we do business. ? ballot issue unless it is through the resolution described above. However, over the past few years, we have embarked on a public information strategy that focuses on getting the community involved with the provision of local government services. This is the key hallmark to our strategy: instead of just telling our citizens what we're doing, we assertively involve citizens in a plethora of projects that educate and inform them. Recognizing that resources, and not just economic Want more ideas? resources, are limited, Englewood is strategic about the special projects we do with the public. We host special Want more ideas for communicating with education events for the business community, schools, citizens, working with your local newspaper and and citizens and are constantly searching for a broad other media, and promoting the work of your cross-section of citizens and business persons to serve municipality? Have the appropriate staff person on ad hoc committees with special one-time assign- from your municipality join CPRO, the city and ments. This strategy creates an "alluvial fan" of infor- town public relations group. While there's no fee mation-sharing as participants return to their homes or to belong, the group shares lots of good ideas. Call workplaces with a new respect and understanding for Kay Mariea at CML, (303) 831-6411, for more infor- municipal government operation-and tell their mation. friends. Members of CPRO write this column in each issue of Colorado Municipalities magazine. ? Colorado Municipalities/September-October1992 5 I Hel in America believe a ain p g ~ It seems that, in losing faith in our leaders, we've also lost faith in ourselves. Is there anything local leaders can do to help restore America's sense of community? by John A. Straayer ack in the good old days measure modern America is hardly the King episode and the L.A. riots. our streets were -safe, the a bad place to live. There were We do have a neglected infrastruc- police were our friends, thugs, crooked machine cops, street ture; many bridges and utility sys- ourchildren were good in math and dangers, and lousy schools in the terns are falling apart. We do have science, and our local public ser- good old days, and state-level inter- problems in school; knowledge of wants made local decisions. But ference with local affairs, to boot. civics, math and geography is fall- nowadays-if we are to believe And similarly, there are lots of safe ing and kids are being shot. The various reports-everything has streets, great public servants, excel- public is restless; voters discuss gone to hell in ahand-basket and a lent schools, and employment to be limiting taxes, spending, and legis- loving parent's kid may get shot by found in the United States today. lative terms. And local officials are either a gangster or a cop on the way Perhaps those who see the nation frustrated-both state and federal to an inferior and dangerous school moving from sweetness and light mandates make local public life in- in adirty and decaying city where into gloom and doom overstatemat- creasingly difficult. both municipal and school officials ters a bit. What has happened, and why, are bossed azound by federal and But whatever our past, both and what can we do? state mandates and bureaucrats. r.~~ent conditions and our possible What has happened? And if that's not bad enough, our future do give rise to legitimate con- i roads and bridges are decaying, jobs cerns. We There have been some unmistak- are difficult to find, ~ ~ ~ ~ ~ " i do have able changes in the scope and or- taxesseem to begoing ~ ~ serious ganization of government in our urban fairly recent history. Most of the na- up, and it's hard to tional clean air and water programs . find either affordable r- _ ~ problems; and associated bureaucratic struc- medical insurance or w i t n e s s - reliable help. ~ John A. Straayer is professor and past What has Ame- - - rica become? ~ " chairman o f the political science depart- )G ' ~ ~ ment at Colorado State University. In truth, the / i ~ ~ ! ~l ~ ~ good old days ~ , ! ~~l/'~ !ill ',ll~~ - _ Since 1974, Professor Straayer has were probably not I ~ ` - _ - - directed CS U's Legislative Internship ~ _ Pro ram. He is the author o numerous quite as good as 8 f we'd like to - publications including The Colorado remember, ~ \ ~ ~ ` ~ General Assembl (Universi Press and in,~ ~ ~ t ~ ~ ~ of Colorado, 1990), The Study and 1 a r e ~ ) I ~ ~ Teaching of Political Science (Charles g ~ ~ ~ ~ i~~ ~ ~ - ~ E. Merrill Co., 1980), The Politics of Neglect: The En- - _ ~ ~ vironmental Crisis (Hough- ~ _ - ton-Mifflin, 1.971), and _ / , American, State. and " ~ \ Local Government and ~~iw~ ~ _ _ - ~ Politics (Charles-E. Mer- ~ _ - - - rill Co.,1973,1977,1983). Colorado Municipalities/September-October 1992 tures did not even exist just 30 years tal size and complexity has, un- ago. Both Medicaid and Medicare HOw gODd Can we expect luckily, been accompanied by are of fairly recentorigin.Evenmost a CitZZen t0 feel about events which sap the faith of even student aid programs did not exist something which is huge, the public sector true-believers. The 20 years ago. Federal, state, and national treasury has been pillaged local bureaus have grown to ad- poorly understood, and by self-advancing S&L minister these programs. discredited by the entrepreneurs. Insider games were We also just recently awoke to leadership, by the media, played for private profit with public many of the evils of discrimination HUD funds. Congress members and hazards in the workplace. Fe- and by scandal? borrowed each others' money deral laws banning racial, gender, without having to pay penalties for and other forms of institutional bias, developed? Who knows. Election- bounced checks. like our major occupational health year rhetoric hardly answers the For the average Joe, the legacy of and safety measures, are of fairly question. the past three or four decades of recent vintage. These, too, are ad- What is a taxpayer's bill of rights? governmental evolution is larger in- ministered by newly manufactured The objective in so labeling a ballot stitutional size, more rhetoric, more or expanded agencies. initiative is not to educate. The ob- distance, no one claiming respon- On and on it has gone-more jective is to trigger emotive respon- sibility. areas of concern, more laws, more ses by touching pre-existing politi- How good can we expect a programs, more personnel, more cal nerves. citizen to feel about something money. While the goals and even The credibility of our institutions which is huge, poorly understood, the results may be praiseworthy, the has taken a beating from both pol- and discredited by the leadership, expansion is unmistakable. Both the iticians and the media. Candidates by the media, and by scandal? agenda and the shear size ofgovern- often lambast the institutions in So, much of the public has be- ment are bigger. Even the schools which they seek office and run come disgusted and cynical. For are bigger now that we've "re- down both the policy positions and many, politicians are crooks, public formed" a system of 150,000 dis- the character of their opposition. For servants are lazy or inefficient or tricts into one of just 15,000. most of the past several decades our incompetent or all these things, and The governments aren't just big- control of national government has (continued on page 8) ger, though. They're also more com- been divided plicated and confusing to both those between the who work in them and those who two parties, y~ ~ have to pay for them. The days of and that is Now. ~ .A Tl 1.1.st You "layer cake" federalism-wherein now the situ- each level did its own thing in rela- ation in more Can B~~ y~ V oy~ • tive disassociation with the others- than 60 per- ~111~ 11 are long gone; but now even cent of the From A Bank You "marble cake" federalism is history. states as well. } Both cakes have been replaced by This leads to Carl ~rUS 1. "bossy" federalism: Washington the blame dictates to states and localities as it game where Colorado Diversified Trust is the only public funds trust in the pleases, the states muscle the locals, responsibility state of Colorado in which a bank is the investment manager. and everyone tries to pass along the for problems What does that mean to youz Fast, safety... we invest only in tab. It's become more and more dif- is tossed back securities authorized by Colorado state statute. Second, ficult for the citizen to decipher and forth. liquidity... you have immediate access to funds justby a phone call. Third, yields...we provide the ma~dmum under aurent whether local policies and actions The media market conditions. proceed from the choices of locally picks up in- elected officials or from remote stantly on Then there's service, our spedalty. Courteous, competent, timely mandates. service. That's what really makes us shine. personalized Even our political language has politics and It all boilsdowntothis:atnrstismoney. become baffling. Words like "family makes head- And who knows money better than a bankL values" and "taxpayer's bill of line material - - rights" are propagated to tingle the of people's Colorado Diversified Trust Funds jor the Public /n vestar emotions, not to inform and edu- private lives. Cate. What are family values, what Growth in At First Interstate Bank of Fort Collins do they do, and how -are they governmen- sooa4s-2oo~ • 303-493-8195 Colorado Municipalities/September-October 1992 ~ governmentitselfhasbecomesome- siders" like David Duke, Pat SOmethin COnSe uential thing to distrust, watch, control, Buchanan, Jerry Brown, and Ross g q shrink, even dismantle. Perot-anything and anyone but and potentially des- The consequences of such public public business as usual. tractive has changed too, attitudes are evident in citizen be- Something consequential and and that is the attitude havior as majorities form to strike potentially destructive has changed back at government. Voters have too, and that is the attitude and and values of the public placed limits on legislative terms. values of the public itself. We have, itself. We have come to They have supported tax and ex- as people, come to demand more view recei t D ubliC penditure limits. And they have and more from our governments, all p f p flirted with establishment "out- the while becoming less and less goods as a right and tax avoidance as a virtue. willing to pay. We have come to view receipt of public goods as a r right and tax avoidance as a virtue. , ~»r, To some measure, we've learned this proclivity to claim individual rights and reject collective respon- sibility from those who would be our leaders. Candidates for public office routinely promise to protect or expand programs and create new ones, and at the same time to keep the lid' on taxes. The dance of legis- lation in Congress and state legisla- tures amounts, in considerable measure, to the manufacture of policies which transfer collective wealth into private hands, or which NMPP Energy members excuse various interests from set some of the lowest retail electric responsibilities. Farmers, seniors, rates in the nation. Our Guaranteed students, developers, and others all line up for public cash, just as air- Results program guarantees that lines and railroads duck out of the our firm power supply to any new line at tax payment time. participants will be the lowest pos- Decisions made incrementally ~ and for various reasons over the sible cost. If another power supplier past several decades have, thus, is able to deliver the same quality combined to produce a political product at a lower cost`, we will void condition which many find deeply troubling. Our intergovernmental the contract. relations have become increasingly And, we're doing the same complex, producing frustration for with our bundled natural gas some and confusion for many who supply. Call Gary or Kevin at no longer know where decisions are made. A variety of mistakes and 1-800-234-2595 questionable schemes has sapped o,e,a~a some citizens' trust of government. ~e °D' ' Campaign talk has helped make vo- Energy tern feel comfortable demanding *over the contract term or 10 years, whichever is shorter. services while fleeing the costs. And The contract must be voided prior to 60 days before the the menu of public programs and stare of service. public goods has spawned consti- tuencieswhich see the collective en- terprise as asource of private gain. g Colorado Municipalities/September-October1992 I what does it mean? exclude the con- Will citizens gladly participate itt One result of these trends has cerns of the kids, been a growing disaffection with and if no one local a f fairs and take pride in their government generally. We tend to demandsrespon- COmmtinity and itS COlleCtive cherish and support that which is sibility in ex- endeavors if real decisions are made close to us, that which we under- change for rights? stand, and that over which we have Will citizens by others, in other capitals, in a a measure of control. Governments gladly partici- confusing system, and where they've that are large, distant, and compli- pate in local af- been taught how to receive but not Gated are hard to understand and fairs and take thus, are easy to reject and to resent. pride in their give? Citizens are more likely to provide community and willing support for governments or its .collective endeavors if real and regulations improved our programs which are close to them, decisions are made by others, in economics and our politics? Do big in which they've participated, and other capitals, in a confusing sys- cities work better than smaller ones? which they understand, than those tem, and where they've been taught Are our schools better now that with the opposite characteristics. It how to receive but not give? we've consolidated districts? Are is not likely to be pure coincidence The concept of community can be citizens more involved and more that support for tax, expenditure, elusive, I realize. And it is risky to supportive now that governments and termlimitations, apersistent de- divine cause and effect connections have tried to do more and more cline in political participation, and between social changes and citizen things for more and more people? enthusiasm for political "outsiders" behavior. Nevertheless it is compell- The path to improved politics lies comes on the heels of several ing to see the increase in citizen with a better informed and more decades of growth in government apathy and cynicism and loss of involved citizenry. And the key to size, complexity, and distance. sense of community as products of the improved citizenry may rest on A second and truly sad develop- decades of growth in government smaller, less complicated, and more ment has been an apparent erosion size, complexity, and distance, and localized collective actions. For of a sense of community and felt in "me first" and "you can have it years now, reformers and many aca- obligation to help shape and sup- all" political styles. If there are, in- demics have touted larger govern- portthe public good. If decisions are deed, some connections, what might ments--consolidated school sys- made in Washington or the state ca- we do to improve matters? terns to gain economies of scale and pitol which preempt local choices, more specialized instruction; met- Whatcan we do? or if a local elite chooses to dis- There maybe lessons about what ropolitan consolidation to reduce courage broad participation or ig- to do, and what is right, in our recent decisional fragmentation and pro- nore public sentiment, how can we duce economies of scale and policy past. Is our world better with expect citizens to live active public decisions made at a distance in a coherence. Others have pressed for lives and supportlocalchoices?And ~ conformity-federal level pro- ifpolitical rhetoric and the smorgas- levelprol feration of statuteserules, (continued on page 10) bord of public programs teach us that public goods exist only to be employed for private gain (e.g., schools for training to get jobs; not schools for civic education fora ~ ; morally just society), how can we at the same time preserve devotion to ~ I I ' a larger community good-to ~ programs, for example, which benefit an entire community and tax us all? Will children grow up with warm feelings about family, a devotion to . ~ . • • • • the collective good, a willingness to ~ ~ ~ • • • • • sacrifice for the well-being of the whole, and a desire to carry their • ; • • ' ~ . ~ ~ • • ~ • ~ ~ • :1 own weight, if parents are always ~ • : ~ ~ • : :11 gone, if meaningful family decisions Co lorado Municipa lines/September-October 1992 9 grams to produce national policy It is difficult to clean the national commitment to community and our consistency and redistribution of waters with 80,000 local policies. It democracy in the process. both wealth and opportunity. is impossible to cleanse the air ab- In the late 1960s, students Perhaps we are going in the sent national and regional plans. demanded an "open system" and a wrong direction. Civil rights might still be unavail- voice in university decision- Smallcities and schools are easier able to minorities in some states and making. But for those who got in- for acitizen to understand. It is localities without national laws. side the system, the experience was easier to .know. and visit with the often a mixed blessing. Once privy administra_torsand council or board to the facts and the full context in members. Sometimes familiarity One is more likely to which decisions were made, their breeds contempt, of course, and it is appreciate, support, and choices often varied little from those notunknowntohavebitterpersonal defend a decision, a of "the establishment." There is an feuds, recall elections, and nasty dis- important point here: one is more policy, or a community crimination in small and intimate likely to appreciate, support, and settings. But moderate govern- 'when he Or She iS defendadecision,apolicy,oracom- mental size can provide both some in formed of the full munity when he or she is informed pluralism and accessibility. Maybe, decisional circumstances of the full decisional circumstances then-just maybe-communities and is a party to the choices made. should promote the birth of more and is a party to the More recently, we watched the cities and decline annexations after choices made. sad events unfold in Los Angeles on reaching a certain size. Maybe - the heels of the seemingly inap- reformers should take all their con- But many matters can remain propriate jury findings. To those in solidation plans and donate them to local, and many others can incor- south-central Los Angeles, the Simi the Museum of Natural History. porate wide latitude for local varia= Valley was distant and largely un- Jurisdictional size alone will not tion. We already make room for known. So were the "systems" govern the quality of our public trade-offs between environmental which operated the police depart- choices, but it may well be time to purity and jobs. Is preservation of a ment, which did or didn't provide ask if size isn't one important con- healthy polity, a working de- employment, and which repre- tributing factor. It may be time to mocracy, any less critical than clean sented power and authority. So too package collective actions in smaller air, clean water, and a job? It would were many of the merchants and boxes. landlords who were different ethni- be tragic to try to solve interstate It may also be time to bring con- and regional problems by cally and often not known by name. trol over local decisions back to nationalizing environmental, in- Would looters and arsonists in town. There are very good reasons dustrial, occupational, educational, L.A. or anyplace else burn their own why many decisions with local im- and other policies, and lose our buildings or loot from stores owned pacts have been made at a distance. by family or friends? Would mobs defy cops who lived nearby and Engineering Dur Tomorrow s a oooperated from a neighborhood It is difficult to predict what ~To~taY. might have happened under other ' :r ~ ~ ' `"4 circumstances, but it is reasonable to . ~ ~ _ expect that rage and disaffection ~ ; , ~ , _ ~ x~,._ ~ ~ would diminish as familiarity in- %~t; y , e y - volvement, and ownership- - ~ t `~K _ ownership of property and _ b; ~~"i decisions-increased. r• ~ The transference of power to ~ ~ ~ - more remote and centralized set- ~ ~ ~ ~ ~ s , ~ _ ~ , x tings through mandates, more ex- - pansive jurisdictions and larger ~6•, , ~ ~ - ~ bureaucracies, may well lead to a ~ ~ ~ ' . ~ growing sense that political power STEEPEN ROBERTSON AND KI RSTEN is now imposed frombeyond one's community and not derivative from that communit .Then the onl RCRA SUBTITLE D COMPLIANCE • SOLID &'HAZAROOUS WASTE MANAGEMENT ~ Y ~ Y - 1.800.245.0995 ext. i6 10 Colorado Municipalities/September-October 1992 levers which appear to be available no time for study and just ten to react to that power take an ex- minutes to act. If I don't like the way We must strengthen our treme form, such as constitutional the cops or courts operate, I'll burn collective commitments amendments and riots. a grocery store and go home. and enrich our sense o f We might well remember that the These approachesmay beunder- - American Revolution of 1776 was, standable reactions to frustra- Community. We must in large measure, reaction against a tions-frustrations which are real act upon the notion that power which was remote and which and which can be tracked to pro- ,were aII in this together imposed decisions from the top. It blems in the organization and per- was large, distant, coercive. It was formance of our institutions. But and everyone su f f ers not, to the colonists, "us;' and thus they all have other features in com- both morally, and consent was withheld whenever mop; they are quick and easy, and eventually materially, t f and however possible. There can be they may have damaging long-term long-term and disastrous copse- consequences with which someone our policies fail to quences in the combination of dis- else will have to cope. Tragically, the attend to the legitimate - tance, coercion, and a lost sense of modern boom in initiative politics needs Of all. ' control and community. presents the public with oppor- - One might wonder if such seem- tunities to make bad situations - inglydisparate events as public sup- worse. The average voter simply ments and enrich our sense of com- port for expenditure-limit initia- does not have the time or the infor- munity. This-need not mean bigger tives, attraction to political "out- mation needed to assess the copse- government. It may mean that we siders;' and urban lawlessness have quences of such proposals as tax do what we do smarter, and fairer, a connecting thread of some sort. and expenditure limitation. Direct and that we look at the long-term They may all be the lazy man's way democracy today asks the impos- consequences of our choices as well topseudo-citizenship. Bible of the voters, inviting them to as the shorter ones. We must act If I'm frustrated with govern- stumble into major policy choices upon the notion that we're all in this ment, or if I dislike paying taxes, I'll with unknown, unwanted, and po- together and everyone suffers both just take ten minutes to vote to tentially disastrous consequences. morally, and eventually materially, freeze into the Constitution a cap on if our policies fail to attend to the spending. That way, I've acted upon erm limits in state legisla- legitimate needs of all. It means sac- my frustrations, and it has cost me tures, for example, will rob rifice, saying no to some requests, the institutions of those living with the limits of a com- - - few long-timers who carry an in- munities' abilities and resources. ~ stitutional memory and can counter Americans will not enjoy a the impact of lobbyists. Spending materially, rich future if we fail to limits will surely result in curtail- invest in our collective needs-in ment of controlled maintenance of our infrastructure and our people. our capital structures and in in- These investments will not be made frastructure investments, and hurt- by citizens who feel no sense of ~ • ful reductions in health, recreation- community, and a citizenry which , ~ al, and social programs which assist believes it is distanced from its gov- ernment. ~ those least able to provide self-help. ` ~ ~ ' ~c,,....,,, y, _ ~ • . a.... For ears now, olitical ues- ~ s~ ~ Hit hardest by the cuts flowing from Y P - q ` ~ ~ p ~ tions have focused ' on efficieric , ~ § California's Pro osition 13 for ex- Y'~ e''`o°,~ "r;;, ample, were parks and recreation, policy objectives, and self-promo~- ~ tion. Would consolidation save ~ , w 'j social services, and schools. The ` }j` , ~ mope ~ How about rivitization? .,r ~ - people most affected were those in Y• _ p ' lower-income areas. Should there be a national policy on ~~~:.`'~;uj~`iil~~l'~ ~ The path to an improved polity, pollution and work-place condi- it seems to me, lies in directions tions? How can I increase my ' ~i al!, other than primal-scream politics benefits and cut my taxes? _ wherein we display our disaffec- ~ It is: time to ask new questions. ~ • ~ tions and vent our frustrations How will our choices enhance the through easy flicks of the initiative sense of civic duty, the commitment lever or acts of destruction. We must to community? What' is fair and strengthen our collective commit- (continued on page 12) Colorado Municipalities/September-October 1992 11 C just? How do our decisions affect bring them their water, public our democracy? If choices can at the It is time to ask new safety, parks, streets, classrooms, same time lead to efficiencies and and so much more. meet national goals, so much the questions. How will our Opportunities may present better. But first things first. choices enhance the themselves in the form of invita- sense o fcivic duty, the tions to address service clubs or 11 of this is nice, but what commitment to school classes, to write columns in does a real elected official local papers, or to appear on talk do on some given day in COmmtiriit f ? tat iS shows.Municipalnewsletters,news a real government to strengthen the fair and just? How do releases, and informational inserts connection of our citizens to their our decisions a eCt OuY m billings can help. So can door-to- democracies? Federal and state offi- ~ door visits. Candidates walk door to vials can talk a lot and communicate democracy? door before elections asking for through the media, but they actually votes. Why not return to the neigh- meet relatively few of us. There are streets and parks and effective borhoods? Cooperative arrange- only 50 states and just one public safety. We simply must help ments with the school, other munic- Washington, D.C. But there are the voter understand clearly that ipalities, and special districts can more than 80,000 local govern- government isn t just govern- help convey a sense of the presence ments, including more than 24,000 ment:' We have thousands of gov- of effective local self-rule. municipalities. This is where gov- ernments, and it is important when Many overworked and long-suf- ernment touches the citizen. This is voting to know which ones do what. fering local public servants are where day-to-day services are Ironically and sadly, voters have working at this. It is easy to become provided. This is where the poten- often taken out their frustrations overwhelmed and disenchanted tial for better democracy lies. with the national government on with problems which seem to It may be more important now the states and localities, especially mount, resources which appear al- than ever for local priorities to in- those which permit the use of the ways to shrink, a disaffected public, clude-high on the list--citizen in- initiative procedure. This isprecise- and political hobbyists who seem volvement in municipal affairs and ly the wrong approach. intent on keeping their name in civic education. Local officials The best route back to connec- print by fueling citizen disaffection. should be known and visible. They tions between citizen and govern- But the problems we encounter should do what they can to differen- ment, and to an enhanced sense of today came to us slowly and in in- tiate their jobs and tasks from those community, is through strength- crements, and so will political im- of the state and the nation. They ened, not weakened, locai institu- provement. should implore citizens to under- tions. Local leadership should take Who is better positioned to chip stand what their cities and other every available opportunity to enlist away at the task than the elected local units do and beg them never to citizen support in keeping both the friends and neighbors of the mem- allow frustration with state or na- national mandate-makers, and the bers of our troubled polity? ? tional policies to complicate our col- initiative abusers, off the backs of . lective ability to provide good the institutions which effectively ~ f i Y } I i~ CUSTOM BRIDGES PRE-FABRICA~t~~V FOR YOUR SPECIFIC SITE FRONT RANGE PRECAST CONCRETE ¦ 5439 N. FOOTHILLS HWY. BOULDER CO 80302 303-442-3207 1-800-783-3207 12 Colorado Municipalities/September-October 1992 Question of local control dominates municipal positions on ballot issues Colorado's longest-ever state ballot contains several issues which affect municipalities. You need to know how these issues affect your community. by Sam Mamet, CML Associate Director f there is one underlying theme circulators. This is legal, per a recent First Act of 1992;' is opposed by the for city and town officials with U.S. Supreme Court ruling, and it League. this November's general elec- has spawned a new growth in- The League and municipal offi- tion ballot, it's local control~on- dustry in Colorado. Municipal offi- cials generally are supportive of trol over local taxation and expendi- cials are likely to see more activity public education. Opposition to ture decisions; control over limited like this in future elections. Amendment 6 is premised upon the gaming activity; control over the For Colorado history buffs, the poor tax policy incorporated in the types of ordinances which munici- 1972 general election ballot had 12 measure. Information on Amend- palities can adopt; and control over initiated measures on it. But with 13 ment 6 begins on page 28. the municipal sales tax. measures on the ballot this year, the The League and various munici- The League has taken positions 1992 election sets a new state record palities endorsed Gov. Romer's on Amendments C, 1, 2, 6, and 9 for length. "Colorado 2000 Communities In- based ontheir local-control implica- There is, however, one consola- itiative" which focused attention on tions for Colorado cities and towns. tion for Coloradans: In 1990, Califor- the importance of schools in local Articles in this Colorado Municipal- nia had 28 measures certified for the communities. At the time of that en- ifies magazine present information general election ballot! dorsement (May 1991), the League on these five ballot issues to help Here's a quick overview of those strongly urged the Governor not to local officials reach their own ballot issues in which the League use an increase in the state sales tax decisions concerning these issues has a position of support or oppose. rate for school finance needs. and to assist local officials in their General opposition to a state discussions with citizens concern- Amendment 1 sales tax rate increase is articulated ing the effects of the ballot issues in The League opposes Amend- in CML's Policy Statement, adopted their communities. went 1, the so-called "Taxpayer's by the League's municipal member- How ameasure gets on the ballot Bill of Rights." This measure again ship in June. The General Assembly and has been drafted primarily by Amendments C citizens can both place items on the Colorado Springs tax-limit advo- The League supports Amend- cate Douglas Bruce. ballot in the form of either state law This magazine contains a reprint went C dealing with local option changes or changes to the state con- of the text of the Amendment (page votes on limited gaming prior to the stitution. The General Assembly has 24), a summary of the Amendment activity becoming lawful within a referred three measures, all con- municipality or county. stitutional amendments. (page 26), and an analysis of the ef- During the 1992 legislative ses- fect of the Amendment on the Citizens can initiate a ballot operation of local governments sion, the League helped to draft and measure by securing a minimum of (a a 16). It has si ificant munici- lobbied in support of SCR 3, which 49,279 registered-elector signatures pa g impacts and needs to be was adopted by the General As- (five percent of those voting in the analyzed closely. sembly and placed on the Novem- last election for Secretary of State). ber ballot as Amendment C. Infor- Generally speaking, the measures Amendment 6 mation on Amendment C appears most assured of a spot on the ballot Amendment 6, called by its on page 33. were those retaining paid petition proponents the "Colorado Children (continued on page 14) Colorado Municipalities/September-October 1992 13 It is unclear legally how potential . adoption of this Amendment C will NOV. 3 general election ballot issues jibe with the potential adoption of other limited gaming measures. The The following measures will be on the November ballot. Legisla- general legal theory in Colorado five referrals are listed first and are assigned a letter. Citizen initia- statutory and case law is that when fives aze assigned a number in the order they are certified by ballot measures dealing with the Secretary of State Natalie Meyer. same subject are adopted and acon- ColoradoMunicipal flict arises between them, the Amendment Subject League position measure with the greater number of A Guarantees crime victims the right to be informed of No affirmative votes prevails as to the criminal proceedings and to be heard by authorities at Position conflict. critical stages of prosecution Amendment 9 B Cleans up archaic language in Constitution (Municipal No Because it does not contain a local impact involves veterans preference extension to sur- Position option vote, the League opposes viving widowers) Amendment 9, authorizing limited C Requires a local vote on limited gaming in a munici- Support gaming in the Central Platte Valley pality ar county where it has been approved statewide area of lower downtown Denver. That measure was petitioned onto 1 Limits taxes and ~rt..ding by state and local govern- Oppose the ballot by certain business inter- ment ests without the support of the Den- 2 Prohibits all state and local laws providing protected Oppose ver Mayor, Councilmembers, or lo- civil rights status for sexual preference cal citizens. Information on Amend- ment 9 appears on page 34. 3 P~..a uts, after a local option vote, limited gaming in the No cities and towns of Trinidad, Walsenburg, Silver Cliff, Position Amendment 2 Leadville, Silverton, Lake City, Oak Creek, Grand The League opposes Amend- Lake, Naturita, Dinosaur, and Walden plus Las went 2, which would prohibit any Animas, Huerfano, and Hinsdale counties state or local law, policy, or ordi- 4 Permits, after a local option vote, limited gaming in the No nance which grants protected civil cities and towns of Evans, Garden City, Milliken, Bur- Position rights status for sexual preference. lington, Lamar, Las Animas, Sterling, Antonito, Information on Amendment 2 ap- Granada,Holly, julesburg,Ovid, Peetz,and Sedgwick, pears on page 35. This amendment plus Logan, Prowers, and Sedgwick counties usurps the right of municipalities 5 P«.. LLts, without a local option vote, limited gaming in No and citizens to adopt certain types of Parachute and prohibits limited' gaming throughout Position ordinances and is anti-local control the rest of the state (except for Central City, Cripple in that regard. Creek, and Black Hawk) until Jan. 1, 2000 Other issues 6 Increases the state sales and use tax from 3 percent to Oppose Other measures of municipal in- 4 percent and earmarks the proceeds for K-12 educa- terest which were disqualified by tion, along with a series of related school reforms Secretary of State Meyer are: the 7 Establishes a school voucher program No °Safe Workplace" amendment; the Position Cannabis Hemp Relegalization AcY'; the "Election Reform Amend- $ Creates a trust fund for the permanent dedication of No ment"; the "Colorado WIN Com- netproceeds from all lottery games to various wildlife, Position mittee" amendment for gambling in parks, recreation, and open space programs after cer- Manitou Springs and Fairplay; a fain capital construction obligations have been paid constitutional amendment for 9 Permits, without a local option vote, limited gaming in Oppose limited gaming in portions of Gran- areas within the City and County of Denver and by and Grand County; and aspend- prohibits limited gaming in the rest of the Denver ing limitation drafted by CACI. metropolitan area League process on ballot positions 10 Restricts black bear hunts No Last year, the League's Strategic Position Planning Committee recommended (continued on page 37) 14 Colorado MunicipalitieslSeptember-October 1992 Guidelines for municipal participation in state ballot issue campaigns by Geoff Wilson, CML General Counsel The November election ballot will include several be involved in organizing such events. issues of profound importance to Colorado munici- 6. Public employees should be allowed to respond palities. Municipal officials can and should become to requests for information about the effect of a actively involved in the public discussion of these proposed amendment on the operation and budget issues. of the local government entity in a factual manner, However, the Colorado Campaign Reform Act but the local government should not produce such (CRA) places significant restrictions on use of public information for the purpose of influencing the pas- funds for advocacy purposes or for dispensing infor- sage or defeat of the issue. mation in connection with statewide ballot issues. It is impermissible under the CRA to do the fol- These guidelines are intended to inform municipal lowing in campaigns in support of or in opposition officials and employees in a general manner concern- ing what they may and may not do, consistent with to a proposed measure: the CRA. Local government officials and personnel 1. Use or expend public funds or supplies; should seek legal counsel on specific questions 2. Allow employees or paid officers to work on a concerning application of the CRA that may arise campaign during their working hours or use any during any campaign. public facility or equipment for the purposes of a campaign; It is permissible to do the following in campaigns 3. Provide transportation or advertising using in support of or in opposition to a proposed measure: public property or funds for the purpose of influenc- 1.The local governing body may take a position of ing, directly or indirectly, the passage or defeat of an advocacy on the issue. The governing body may pass issue; a resolution and take a public stand urging the elec- 4. Grant an employee or officer leave from his job torate to vote for or against any matter. Staff back- or office with the local government, with pay, to ground research which leads up to passage of a work on a campaign. resolution is also permissible. It should be noted that while the CRA allows 2. A public official "who has policy-making political subdivisions of the state to make contribu- responsibilities" may spend up to $50 of public tions or contributions in kind of public monies to money on phone calls, letters, or other activities inci- dispense "a factual summary, which shall include dent to making statements or answering questions arguments both for and against the proposal;' this concerning the issue. may only be done in campaigns involving issues in 3. Elected officials may speak out on the issues which the local government has an "official concern:' presented on the ballot. There are no limitations in C.R.S.1-45-116(1)(b)(1). the CRA on the right of public officials to address any Although the statute does not define "official con- matter before the electorate; the limitation is on ex- cern;' the federal district court has held that political penditure of public funds. subdivisions have an "official concern" only in those 4. Public employees and paid elected officials may matters within the scope of their own powers and work on the campaign and speak out on the issues duties and which, at the very least, come before local on their own time. Any public employee who be- officials for an official decision. (Mountain States comes involved in the campaign should document Legal Foundation v. Denver School District No.1, 459 that the effort is done on his or her own time. If the F. Supp. 357 [Dist.Colo., 1978]; Campbell v. Joint public employee is on a recorded hour system, make District 28-J, 90 F.R.D.189 [Dist.Colo.,1981], afYd, 704 sure the record reflects that the public employee took F.2d 501 [10th Cir. 1983].) Therefore, even though a time off from public duties to engage in campaign proposed constitutional amendment or state statute activities. may have a profound effect on the functioning of a 5. If the local government has a policy permitting local government, the courts have ruled that such public groups to use its facilities for community pur- measures are not matters of "official concern." Ac- poses, it can allow groups opposed to or supportive cordingly, local governmental entities cannot use of the ballot proposition to use those facilities so long public funds even to dispense a "factual summary" as the policy is applied in an even-handed fashion. of a statewide ballot issue because it is not of "official The local government, however, cannot in any way concern." ? Colorado Municipalities/September-October 1992 15 Amendment 1 Amendment 1 will ratchet down overnment services and more g The tax and spending limitation proposal has numerous consequences for municipal governments. Here, CM[L translates Amendment 1 into understandable te~urs. he most complex and far- read the text and summary cazeful- taxes paid by Coloradans, the Amend- reaching amendment on ly, they are unlikely to gain a clear ment has absolutely no effect on the November ballot is understanding of the Amendment's federal taxes and spending. In con- Amendment 1, referred to as the features and effects. In fact, it won`t trast, the Amendment imposes "Bruce Amendment" for its be understood with certainty until severe restrictions on state and local Colorado Springs author Douglas the courts have ruled on a variety of governments which levy only about BruceandalsoreferredtoasTABOR questions which can only be 30 percent of the taxes paid by III (Taxpayer's Bill of Rights). It is resolved through litigation. This ar- Coloradans. opposed by the League because of ticle identifies numerous practical ? Moreover, Colorado's ratio of its severe, detrimental effects on features and effects of the various state and local taxes to income has municipalities and their citizens. provisions but is not intended as a been equal to or below the average In general, the proposed con- definitive legal interpretation. for all states for every year since stitutional Amendment would limit Features and effects 1970. Although Colorado is 6th state and local government taxes of Amendment 1 highest in local government tax Gol- and spending; require elections on lections per $1,000 of personal in- routine state and local finance prac- Colorado's below-average state come, state government placed 48th tices (in addition to elections which and local taxes are not the problem among the 50 states. Combined already are held on tax rate in- Amendment 1 strikes the wrong state-local tax collections per $1,000 creases); and impose numerous ac- target. Even though federal taxes con- of personal income is well below the counting, budgeting, and ad- stitute approximately 70 percent of all national average; Colorado ranks ministrative procedures applicable to state and local governments. it The Colorado Municipal League would, of course, have no effect on federal taxes and spending. Opposes Amendment 1 because: TABOR III (Amendment 1) is more confusing and onerous than ? Colorado's below-average statellocal taxes are not the problem prior constitutional amendments ? State and local government services will be reduced proposed by Bruce because it con- ? Economic development will be impaired tains a local government spending ? Emergency provisions are impractical and inadequate limit, in addition to tax and revenue ? Routinegrowth ofuser-supported services will be hampered ? Elections, elections, and more elections will be required limits included in prior amend- ? Election compliance will become a bureaucratic nightmare ments. Its text and a detailed sum- ? Special tax preferences will be granted mart' have been included inthis ma- Local control, home rule, and representative democracy will be gazine (pages 24-27). However, even undermined if public officials or John Q. Citizen ? Additional government units will be formed ? Additional government costs will be incurred This article was prepared by the ? Ambiguous and complicated provisions will require extensive Colorado Municipal League staf f. litigation at taxpayer expense 16 Colorado Municipalities!September-October1992 ~ i _ ~0~ 34th among the 50 states. In Tax (_i ~helff 1 mitations- Colorado, local governments Voting cML deliver a higher percentage of qn PosITION amendment to the public services and raise a higher regoire voter Colorado percentage of state-local tax fO~? governmenProval for certain S°~t h~tion to revenues than in most other states. ~eS, to restrict pro a feVenue increasesand Colorado's attitude has always been and Io~tOi iimrt the rate of ~ nc~e e' and otfae d S~poRT that government decisions should additional ~~tatve ent sAending~o allow to be made and services provided on to regis er~dvoters the ma Im9 otmnfor~t1pns; the local level, closest to the people. mation ? Since 1975, Colorado's total state-local tax burden has remained an election to O~oSE at approximately 10 percent of raise the sales tax rate.) Voters statewide personal income. are afforded broad initiative, State and local Coloradans have control of the referendum, and recall rights. These government services will be major decisions of state and local citizen rights exist with respect to reduced government. Typically major tax the state and municipalities, but not The combination of tax and hikes already go to the voters for with respect to the federal govern- spending limits, coupled with the approval. For example, between ment. Voters have and can continue cyclical nature of the economy and January 1988 and July 1992, 92 per- to assert control when warranted government finances, will reduce cent of local sales tax rate increases over state and local taxes without government's ability to fund cur- were approved by local votes. the need to resort to extreme, micro- rent as well as new services unless (Some home-rule charters, adopted managed government called for by voters continuously approve tax by a vote of residents, do not require Amendment 1. (continued on page 18) Colorado's Taxes Are Not High LOWEST AVERAGE HIGHEST General Revenue Property Taxes Individual Income Taxes Corporate Taxes - General Sales Taxes Selective Sales Taxes Motor Fuels Taxes User Charges Federal Aid 50 45 40 35 30 25 20 15 10 5 1 Colorado's Rank Order Among 50 States for Selected State/Local Revenue Items* FY 1989 revenues as a percent of personal income Source: Significant Features of Fiscal Federalism, 1991 Edition, Volume II, Advisory Commission on Intergovernmental Relations, Washington, DC, October 1991, pp. 246-251. I Colorado Municipalities/September-October1992 q~ and spending levels above those + There may not be aninflation- tion, causing at a minimum a loss of permitted by the Amendment. ary spending allowance for voter- several months' revenues for This will occur because: approved taxes. Voter-approved tourism promotion. + Increases in sales and use tax revenue increases by definition do + State grants to local govern- receipts and other revenues i..,... in- not become part of the spending ments may not be spent without creased economic activity which ex- base. The courts could rule that in- voter approval where spending the ceed the Denver-Boulder Consumer creased tax revenues from inflation grant would cause total local spend- Price Index and the local property and economic growth in subsequent ing to exceed the spending limit. valuation growth formula cannot be years after voters had approved a This would particularly affect spent, or placed in reserves for future rate hike may not be spent without smaller local governments when, spending, even though the economic additional voter approval. for example, a state grant or loan is activity generates the revenue and in- + Any tax increase apparently needed to upgrade a water or sewer creases demands for services. requires prior voter approval-no system. + A temporary reduction in matter how small and even if tax + Some grants and assistance to spending, for even one year, due to rates need to be adjusted to offset needy communities will be reduced economic or other conditions per- revenue losses from a reduced tax or eliminated as state government manently reduces the spending base base. struggles to comply with the onwhichfuturespendingauthorityis + Any mill levy increase ap- Amendment's tax and spending calculated. The level of spending and parently requires voter approval- limits. public services which existed before even if used solely to offset an as- It is erroneous for proponent to the downturn cannot be resumed sessed valuation decline. suggest that Amendment 1 merely without a subsequent election. For ex- + Any tax which is scheduled to requires voter arr...val for increased ample, assuming an annual infla- sunset cannot be continued without taxes. The Amendment's revenue tion/growth rate of 4%, if a local gov- voter approval. For example, the and spending limitations will com- ernment's revenue dropped fora 2 /lOths of one percent statewide bine to reduce current levels of public single year by only 2%, the spending tourism sales tax which finances spending and resulting services un- authorityofthatgovernmentforeach tourist promotion programs lessvoterscontinuouslyvotetomain- subsequent year would be per- throughout Colorado expires June fain or exceed these levels. manently reduced by approximately 30,1993. If the Amendment passes, Economic development 6%. If revenues drarr~.i for a single it can be extended only if voters at a will be impaired year by 10%, the spending authority statewide election approve its con- Moderate, sustained economic for that government would beper- tinuation. The earliest voters could development improves job oppor- manently ratcheted down by ap- approve its continuation would be tunities, ublic and rlvate services, proximately 14%! at the November 1993 general elec- p p Since 1975 Colorado's tax burden level has been unchanged because statewide personal 'income and grew at the same pace as taxes 40 6b ~ Taxes ~ ~ Personal Income 30 44 o ~ m ~ Colorado taxes as a v~ percent of Income ~ 10 y 11 ~ r r 075 80 85 ~ 075 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Data source: Colorado Public Expenditures Council. 18 Colorado Municipalities/September-October 1992 and the quality of life for citizens. Local economic development re- Colorado's "Tax Freedom Day" has increased quires the cooperation and partner- SInCe 1960 because of increasing Federal taxes ship of both the public and private sectors. Amendment 1 will severely May 21 impair government's ability to par- ticipate in facilitating and financing FEDERAL DEFICIT May 3 economic development oppor- tunitiesbecause: Apr. 16 ? The Amendment's revenue and expenditure growth allowance, which for local governments other ~ ~ • than schools is based on increased property valuation, will prevent timely spending and limit the ability of government to use the additional q, Feb. 6 Feb. 5 sales tax and other growth revenues ~ ~ . ~ ; ~ needed to service growth. ~ ? The spending and tax limits ~ Y -!s ~ - ~ ,L~ a will restrict the ability of govern- ~ ' menu either directly or from 1960 1970 1980 1990 developer contributions to provide Data source: 1992 Economic Report of the President; Colorado Public Expenditure Council. up-front infrastructure and other in- vestments. This will restrict the flexibility needed by local govern- commercial development in gency. The ability to raise emergen- ments to handle annexations, in- Colorado. cy revenue is severely limited be- frastructure improvements, and Emergency provisions are cause this measure prohibits use of other actions accommodating impractical and inadequate property taxes as an emergency growth in a timely manner. While provisions are included for revenue source. For many local gov- ? The cost of servicing growth declaring an emergency and raising ernments the property tax is the may be greater than the spending revenues to pay for it, the provisions only substantial tax source which permitted by the Amendment. If so, are narrow, unworkable for some the local government is authorized the government must either reject local governments, and will adver- to levy. Moreover, during the fol- the growth or reduce the level of sely affect ongoing services. The lowing year, revenues available to services available to its current resi- Amendment's definition of emer- spend on services will be reduced in dents. gency is narrow because it excludes order to replenish the reserve. + The ability of local govern- economic conditions and revenue (continued on page 20) menu to use local improvement dis- shortfalls as grounds for an emer- tricts, special improvement dis- tricts, business improvement dis- tricts, tax increment financing, and similar techniques to finance public improvements will apparently be INC impaired because of the application Engineering Consultants of various tax, spending, and elec- tion requirements to these entities. Fort Collins Colorado Springs Vail Longmont ? The Amendment apparently (303) 226-4955 (719) 598-4107 (303) 476-6340 (303) 678-9584 prohibits real property assessment ratios from ever increasing without a statewide election. This "freezing" • Water ResourceslAugmentation Plans of the residential assessment rate • Water Supply and Treatment will require commercial property to • Wastewater Collection and Treatment bear permanently a dispropor- • Drainage and Flood Control tionate share of the property tax • Highways and Bridges fc burden and may further discourage • Utility Mapping ~ - Colorado Municipalities/September-October 1992 19 Routine growth of user- a recreation center, they must also provided at the time a tax increase is supported services will be vote to approve operating funds for approved by the voters. hampered the facility, even when all of the ? Obviously, voters will bebur- Many government services, such operating revenues come from user dened with the need to become fa- as water, sewer, and electrical fees generated by the facility. miliar with and vote on a multipli- utilities, are supported primarily or Elections, elections, and more city of financial matters. exclusively by user fees. Demand elections will be required Election compliance will become for services may be influenced by Voting on new taxes and tax rate a bureaucratic nightmaze weather as well as increases in increases is already the norm in Amendment 1 establishes a com- population served. For example, a Colorado. However, Amendment 1 prehensive set of election require- severe winter produces higher gas oes far be and ments for all ublic and electric consumption, and a dry that. The number finance issues which re- summerproduceshigherwatercon- We already Vote sumption.Currentlytheseincreases and diversity of on tax increases quire voter approval. can be aid for throu h increased finance issues These requirements will user fee revenues e g rated from that will require FOr the 64 municipal be confusing and costly g elections forces and county sales tax for election agencies and the expanded use. To the extent that citizens to be- rate Increases since taxpayers alike. Amendment 1 does not afford an Januar 1988 el ade uate exam tion from the come micro-ma- Y actions ? Ballot preparation q p nagers of their Were held to approve 59 and conduct of elections revenue and expenditure limits for Of them 92 erCent . will becomes tacular- various overn- ( P enterprise operations, Amendment ments. In addi- ly complex when the 1 negates the ability to provide ex- tion to required elections on new state, municipality, county, school panded utility services without taxes and tax rate increases, elec- district, and special districts have negatively affecting other munici- tions and voter approval are appar- one or more issues each before the pal services. ? The exemption of "enter- entlygenerally required forall of the voters. Distinguishing which voters prises" from the Amendment, if following: may vote on which ballot issues will literally construed by the courts, ? ~'Y extension of an expiring be difficult since jurisdiction boun- will mean that almost no ent~~ r.:se tax, no matter how small, such as the daries often overlap. operations, such as water, sewer, 2/lOths of one percent tourism tax. ? Elections can only be held on gas, electric, and airport services, ? ~Y valuation for assessment the first Tuesday of each November will qualify for exemption from the ratio increase for a property class. and on the regular election date of revenue and spending limits. This ? ~Y m~ levy increase above the local government if its regular means that the increased spending the prioryear, even where necessary to election date falls on a different date. required to meet customer demands retain pnor years revenue levels be- For the state and many local govern- or needs, environmental require- of reduced assessed valuation. menu whose regular election is in menu, and federal mandates will ? ~Y other tax policy change November, this means a maximum reduce spending available for other no matter how small, such as a of one election each year. This re- change in tax base or removal of a quirement, coupled with the re- programs. tax exemption, directly causing a quirement of voter approval for ? Similar problems arise for net tax revenue gain. many finance issues, means that other user-fee supported services, ? Virtually all multiple-fiscal voters will be confronted re larl such as golf, swimming, and recrea- year debt or other financial obliga- with multiple ballot issues. ~ Y tional programs, where the service tions, including pension adjust- ? Governments are required to level fluctuates based upon citizen menu, even when financed on an mail lengthy and detailed election demands. actuariall sound basis. notices to eve re istered voter. ? Since overall spending ? Any spending increase no This will increase costs and sub act authority is not increased by the in- matter how small beyond prior year elections to litigation based onl al- creased user fee revenues, other spending, after adjustments for in- leged procedural errors associated spending must be reduced, or an flation and growth in property with these requirements. election held-the following valuation. ? Election officials are re aired November or regular election q date-in order to satisfy the par- ? Retention of any revenues or at the public's expense, to prepare ticular service demand funded by reserves that exceed the spending ballot information and summarize the increased user fees. limit. the arguments submitted for and ? When voters approve a bond ? Any fiscal year spending ex- against each measure. This will ap- issue to build a new facility, such as ceeding the revenue estimate parently require election officials to 20 Colorado Municipalities/September-October 1992 distribute, at the public's expense, specious or unsupported pro and Government is a service industry- con arguments which individuals revenue cuts will cut service submit for publication. "State and local governments are essentially service providers Special tax preferences and, for most, the biggest costs they Incur are for labor. Some 35 will be granted percent of all state expenditures, exclusive of transfer payments, Seldom-recognizedprovisionsof are for employee wages and benefits. For local governments, it's Amendment 1 will afford taxbreaks 52 percent, for school districts, a whopping 70 percent. Thus, • to selected taxpayers. These beyond curtailing travel, enforcing furloughs and rationing sup- provisions interject questionable plies, there is simply no place else to make meaningful cuts. tax policies and preferences into "Over the long haul, government workers face the same economic Colorado's Constitution. unpleasantness that many others in the economy do: the lack of + New or increased real estate productivity improvements In the service sector. There seems to transfer taxes are prohibited (even be no mechanical replacement for the `human touch' of the cop on with a local vote), thus depriving the beat, the teacher in the classroom and the social worker In the resort and other communities of the field. Attempts to Improve productivity by increasing patrol areas, opportunity to help finance public pupils per teacher or client caseloads brings howls about the services through transfer taxes on decline In services." real estate sales. From an article by John E. Petersen, president of the Government ? Graduated state income taxes Finance Group, in the August 1992 issue of Governing magazine. are prohibited, preventing the Ge- neral Assembly from ever imposing ? Presumptions in favor of the Local control, home rule, and progressive tax rates based upon accuracy of assessor property representative democracy will be one's ability to pay. valuations are removed, thus favor- undermined ? Business exemptions and cre- ing those taxpayers who can afford Implicit in the Amendment's dits to reduce or repeal personal pro- assessment appeals to reduce their statewide, multiple restrictions is perty taxes are authorized where ap- taxes. the loss of local control, home rule, proved by a local govemment. (continued on page 26) - - I f. i~'. 111 . ~i- I II Ih I j IIIIIIIIIIIIIIIIIIIIIII I ~ I I ~ III O ' I 1 ~ GRAVELY'S 2-WHEEL TRACTORS, RIDING TRACTORS AND PRO SERIES MOWERS They're made in America from the ground up. And they're the stars of the lawn care equipment industry. Hard-Working. Tough. Reliable. Versatile. Ready to take on any job and cut rt down to size. ~ ~ HAUSE Eauiament, Inc. If you're looking for the very best, you gotta get a look at the Gravely All-American lawn care team. You'll find them at HAUSE Equipment. ouroooR PowER EouiPMENr SINCE 1963 4444 MORRISON ROAD DENVER. CO 80219 FAX 303934-0568 ®GRAVELY 303-9345488 800-792-3900 TWO-YEAR LIMITED WARRANTY. Warranty may vary depending on equipment purchased and actual use. Details on request. Colorado Municipalities/September-October 1992 21 and representative government. In costs, and other inefficiencies as- ments from timing bond elections to reality, these losses actually take sociated with more, overlapping coincide with lower interest rates control away from the citizens. governmental units. It is ironic that and favorable market conditions. ? The Amendment's restric- Amendment 1, which is touted as a ? Accountingand auditingpro- tions apply to every local govern- vehicle to achieve less government cedures needed to ensure com- ment inthe state, regardless of loca- and moreef ficientgovernment, will ac- pliance with the Amendment will tion, population, desires of local tually result in more government increase administrative costs. residents, economic conditions, or and less of ficient government! ? Requirements to refund "ex- other circumstances. Additional government costs cess revenues" will impose addi- + The Denver-Boulder con- will be incurred tional administrative costs. ` Sumer price index applies to every While designed to contain gov- ? Pay-as-you-go capital financ- government, no matter how dif- ing will be made more difficult by ferent its economy is from Denver's ernment spending, the measure in the inability to create reserves in ex- ` econom and no matter how much some respects will increase costs, y' diverting pub- cess ofpth; spending limit to fund items purchased by future ro ects. the government differ Bruce is the only per- lic revenues ? Increasing reserves to cover from items urchased from needed revenue shortfalls and other contin- p son who understands public services by individuals. the Amendment to pay for the gencies not treated as emergencies + Local voters are cost of com- by the Amendment will be im- precluded from sub- Douglas Bruce doesn t even peded. stitutin alternative think his own people can pliance. g + Cost sa- ? Spending annually to the limits. answer questions about the maximum amount authorized ? Emer en Amendment correctly. Ina vings through g ~ inter o v e r n - under the spending limit will be en- reserve requirements letter to the media, he wrote, g couraged to maximize financial are mandated which "All media inquirleS will be mental agree- flexibility for future years. may not coincide with handled by me. Comments by ments will be ? When mistakes in interpreta- local philosophy or volunteers may be incom- impeded be- tion or compliance occur, govern- needs. plate or Inaccurate." cause the span- ments will be required to refund the ? Election tax ding incurred excess amounts, plus pay a 10 per- lic and other restrictions micro- by the govern- cent penalty for up to four years and po y' ment providing the service appar- y manage local government and im- entl will have to be absorbed the costs and attorne fees for both sentativee localoself-govennme trio within that government's spending th Spmply stated, exp nditu es and function. limit or voted on, even though the inefficiencies caused by the amend- other government provides the in- ment will reduce funds which other- Additional government units creased revenue. wise could be used to finance public will be formed ? There will be frequent elec- The Amendment will not curtail tions requiring compliance with services. the desire or need for additional ser- costly election notices and other pro- Ambiguous and complicated vices. Rather, it will curtail the legal cedures. provisions will require extensive 'i authority and political viability for ? Costs for various capital im- litigation at taxpayer expense existing governments to provide provements bonds will likely in- The Amendment's ambiguous, new or expanded services. Since the crease since interest rates are tied to complicated, and confusing ~ Amendment imposes no limitation the credit quality of the local govern- provisions make it impossible to on formation of governmental units, ment. In an Aug. 31,1992, Municipal determine how the courts will con- new and expanded services will Credit Report, Moody'srating agen- strue its provisions. Extensive and , likely be accommodated through cy commented that "...passage costly litigation will be necessary formation of additional special dis- could seriously erode the credit for its meaning and application to be tricts and authorities. Because of the quality of local government because settled. The Amendment will be a revenue and spending limits on ex- of the severe financial and debt nightmare for the public-and a fisting governments, it will be more management restrictions which dream for attorneys. feasible to form another govern- would be imposed, as well as the For example, it is not clear how ment rather than to secure the ser- uncertainty created by portions of the courts will interpret the follow- vice through an existing govern- the proposal." In addition, the ing terms: ment. This will lead to coordination Amendment's limitation on election ? "Local government" is not and planning problems, increased dates will prevent local govern- defined. Are agencies such as local 22 Colorado Municipalities/September-October 1992 housing authorities, urban renewal adjustments, employment con- It will require extensive and ex- and downtown development tracts, and other multiyear contracts pensive litigation to settle its mean- authorities, and local improvement as "other financial obligations" re- ing and applications. Since it is in the and business improvement districts quiring approval at an election? form of a constitutional amend- covered? Ifcovered, are they subject ? Utilization of relevant spend- ment, there will be no opportunity to separate revenue and spending ing limit data for the subsequent fis- to correct its unintended consequen- limits or included within the limits cal year is unclear. Apparently gov- ces: those consequences will be cast of the municipality? ernments must estimate what the in Colorado constitutional concrete. ? "Reserves" other than "emer- consumer price increase, growth in- The combination of tax, revenue, • gency" reserves are not defined. crease, and current year spending and spending limits will reduce the How are local governments to ad- will be before these data are avail- relative level of funding and servi- dress revenue shortfalls and other able in order to budget for the fol- ces currently provided, unless vo- • "non-emergency" conditions? lowing year. Will mid-year adjust- ters repeatedly vote to exceed the ? "Ent~.r.:se" is inadequately ments be required when estimates limits. Rather than merely ensuring defined. This leaves subject to judi- prove to be incorrect? that new taxes are voted on, the cial interpretation application of the Amendment is written to ratchet Conclusion amendment to water, sewer, electri- Amendment 1 is comprehensive down current levels of taxes and ser- cal, gas, airport, recreational, hospi- in scope, limiting taxes, revenues, vices permanently. The Amend- tal, and other local government ment does not accommodate operations which typically are char- spending, and multiyear financial growth and discourages economic g acterized as enterprises but may not obli ations. Taken as a whole, development. meet the Amendment's definition of Amendment 1 imposes radical and Public officials, opinion makers, enterprise. severe restrictions on government and citizens need to become fully ? "Other financial obligation" is services and operations. Its com- informed on the Amendment's fea- not defined. Will the courts construe plexity, level of detail, and choice of tures and effects before casting their such transactions as leases, lease-pur- ~^'ords raise innumerable questions votes on November 3. ? chases, actuarially funded pension of interpretation and application. First Choice "We handle the auditing and financial planning needs of several counties numerous cities and other local 4.. 7 governments," says BONDI & Co. Certified Public Accountant Wendy Swanhorst. Fund accounting is a very specialized area requiring experience, training and a spirit of teamwork between i CPA firm and client. Call today to find out why BONDI & Co. is a leader in ~ti,i the field and the CPA firm of choice for so many local ~ governments. ,y t9 ~ 9 BON~~ & Co. ~ CERTIFIED PUBLIC ACCOUNTANTS & 44 Inverness Dr. East Building B Denver, CO 80112 799-6826 Colorado Municipalities/September-October 1992 23 ti Text of Amendment 1-Taxpayer's Bill of Rights (Bruce) Be it Enacted by the People of the State of Colorado: Article X, Section 20 The Taxpayer's Blll of Rights. (1) General provLcions.This section takes effect December 31,1992 or as stated.Its preferred interpretation shall reasonably restrain most the growth of government. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Other limits on district revenue, spending, and debtmay be weakened only by future voter aYY.,. gal. Individual or class action enforcement suits may be filed and shall have the highest civil priority of resolution. Successful plaintiffs are allowed costs and reasonable attorney fees, but a district is not unless a suit against it be ruled frivolous. Revenue collected, kept, or spent illegally since four full fiscal years before a suit is filed shall be refunded with 10% annual simple interest from the initial conduct. Subject to judicial review, districts may use any reasonable method for refunds under this section, including tz.,..t,.,,ary tax credits or rate reductions. Refunds need not be proportional when prior payments are impractical to identify or return. When annual district revenue is less than annual payments on general obligation bonds, pensions, and final court judgments, (4) (a) and (7) shall be suspended to provide for the deficiency. (2) Term definitions. Within this section: (a) "Ballot issue" means anon-recall petition or referred measure in an election. (b) "District" means the state or any local govemment, excluding enterprises. (c) "Emergency" excludes ewnomic conditions, revenue shortfalls, or district salary or fringe benefit increases. (d) "Enterprise" means agovernment-owned business authorized to issue its own revenue bonds and receiving under 10% of annual revenue in grants from all Colorado state and local governments combined. (e) "Fiscal yeaz spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal yeaz or those from gifts, federal funds, collections for another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awazds, or property sales. (f) "Inflation" means thepercentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index. (g) "Local growth" for anon-school district means .a net percentage change in actual value of all real property in a district from construction of taxable real property improvements, minus destruction of similar improvements, and additions to, minus deletions from, taxable real property. For a school district, it means the percentage change in its student enrollment. (3) Election provisions. (a) Ballot issues shall be decided in a state general election, biennial local district election, or on the fast Tuesday in November of odd-numbered years. Except for petitions, bonded debt, or charter or constitutional provisions, districts may consolidate ballot issues and voters may approve a delay of up to four yeazs in voting on ballot issues. District actions taken during such a delay shall not extend beyond that period. (b) 15-25 days before a ballot issue election, districts shall mail at the least cost, and as a package where districts with ballot issues overlap, a titled notice or set of notices addressed to "All Registered Voters" at each address of one or more active registered electors. Titles shall have this order of preference: "NOTICE OF ELECTION TO INCREASE TAXES/TO INCREASE DEBT/ON A l;ittG~N PETITION/ON A REFERRED MEASURE." Except for district voter-approved additions, notices shall include only: (i) The election date, hours, ballot title, text, and local election office address and telephone number. (ii) For proposed district tax or bonded debt increases, the estimated or actual total of district fiscal yeaz spending for the current year and each of the past four yeazs, and the overall percentage and dollar change. (iii) For the first full fiscal year of each proposed district tax increase, district estimates of the maximum dollaz amount of each increase and of district fiscal yeaz spending without the increase. (iv) For proposed district bonded debt, its principal amount and maximum annual and total district repayment cost, and the principal balance of total current district bonded debt and its maximum annual and remaining total district repayment cost. (v) Two summaries, up to 500 words each, one for and one against the proposal, of written comments filed with the election officer by 30 days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the proposal. Petition representatives following these rules shall write this summary for their petition. The election officer shall maintain and accurately summarize all other relevant written comments. (c) Except by later voter approval, if a tax increase or fiscal yeaz spending exceeds any estimate in (b) (iii) for the same fiscal year, the tax increase is thereafter reduced up to 100% in pr.,Y~~ uon to the combined dollaz excess, and the combined excess revenue refunded in the next fiscal yeaz. District bonded debt shall not issue on terms that could exceed its shaze of its maximum repayment costs in (b) (iv). 24 Co iorado Municipa lines/September-October1992 Ballot titles for tax or bonded debt increases shall begin, "SHALL (DISTRICT) TAXES BE INCREASED (first, or if phased in, final, full fiscal yeaz dollar increase) ANNUALLY...?" or "SHALL (DISTRICT) DEBT BE INCREASED (principal amount), WITH A REPAY- - MENT COST OF (maximum total district cost)...7" (4) Required elections. Starting November 4, 1992, districts must have voter arr.,,val in advance for: (a) Unless (1) or (ti) applies, any new tax, tax rate increase, mill levy above that for the prior yeaz, 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. (b) Except for refinancing district bonded debt at a lower interest rate or adding new employees to existing district pension plans, creation of any multiple-fiscal year direct or indirect district debt or other fmancial obligation whatsoever without adequate present cash reserves pledged irrevocably and held for payments in all future fiscal years. (5) Emergency reserves. To use for declazed emergencies only, each district shall reserve for 19931%a or more, for 1994 2% or more, and for all later years 3% or more of its fiscal year spending excluding bonded debt service. Unused reserves apply to the next year's reserve. (6) Emergency taxes. This subsection grants no new taxing power. Emergency property taxes aze prohibited. Emergency tax revenue is excluded for purposes of (3) (c) and (7), even if later ratified by voters. Emergency taxes shall also meet all of the following conditions (a) A 2/3 majority of the members of each house of the general assembly or of a local district board declares the emergency and imposes the tax by separate recorded roll call votes. (b) Emergency tax revenue shall be spent only after emergency reserves are depleted, and shall be refunded within 180 days after the emergency ends if not spent on the emergency. (c) A tax not approved on the next election date 60 days or more after the declazation shall end with that election month. (7) Spending limits. (a) The maximum annual percentage change in state fiscal yeaz spending equals infladon plus the percentage change in state population in the prior calendaz yeaz, adjusted for revenue changes approved by voters after 1991. Population shall be determined by annual federal census estimates and such number shall be adjusted every decade to match the federal census. (b) The maximum annual percentage change in each local district's fiscal yeaz spending equals inflation in the prior calendaz year plus annual local growth, adjusted for revenue changes approved by voters after 1991 and (8) (b) and (9) reductions. (c) The maximum annual percentage change in each district's property tax revenue equals inflation in the prior calendar yeaz plus annual local growth, adjusted for property tax revenue changes approved by voters after 1991 and (8) (b) and (9) reductions. (d) If revenue from sources not excluded from fiscal yeaz spending exceeds these limits in dollars fcr that fiscal year, the excess shall be refunded in the next fiscal yeaz unless voters approve a revenue change as an offset. Initial district bases are current fiscal yeaz spending and 1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall change district bases and future yeaz limits. Future creation of district bonded debt shall increase, and retiring or refinancing district bonded debt shall lower, fiscal yeaz spending and property tax revenue by the annual debt service so funded. Debt service changes, reductions, (1) and (3) (c) refunds, and voter-approved ` revenue changes are dollaz amounts that are exceptions to, and not part of, any district base. Voter-approved revenue changes do not require a tax rate change. (8) Revenue limits. (a) New or increased transfer tax rates on real property aze prohibited. No new state real property tax or local district income tax shall be imposed. Neither an income tax rate increase nor a new state definition of taxable income shall apply before the next tax year. Any income tax law change after July 1,1992 shall also require all taxable net income to be taxed atone rate, excluding refund tax credits orvoter-approved tax credits, with no added tax or surcharge. (b) Each district may enact cumulative uniform exemptions and credits to reduce or end business personal property taxes. (c) Regardless of reassessment frequency, valuation notices shall be mailed annually and may be appealed annually, with no presumption in favor of any pending valuation. Past or future sales by a lender or government shall also be considered as compazable market sales and their sales prices kept as public records. Actual value shall be stated on all property tax bills andvaluation notices and, for residential real property, determined solely by the market approach to appraisal. (9) State mandates. Except for public education through grade 12 or as required of a local district by federal law, a local district may reduce or end its subsidy to any program delegated to it by the general assembly for administration. For current programs, the state may require 90 days notice and that the adjustment occur in a maximum of three equal annual installments. Received by Secretary of State> May 8,1991. Retyped from the original by Legislative Council sta, f); June 23,1992 and by CML July 29,1992. Colorado Municipalities/September-October 1992 25 SUMMARY OF AMENDMENT #1-TAXPAYER'S BILL OF RIGHTS (Bruce) 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 IN- CREASES 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 Elections ? Effective December 31, 1992, except as otherwise ? Generally requires an election for all tax increases, stated, and applies to 1993 budgets. revenue and spending beyond stated limits, and debt and other multiyear financial obligations. ? Applies to the state and all local governments (referred to herein and in the initiative as "dis- ? Restricts local government election dates on finan- tricts")• cial ballot questions to state general election, bien- nial local district election, and the first Tuesday in ? Exempts "enterprises" which are defined as a) a November ofodd-numbered years. government-owned business, b) authorized to issue its own revenue bonds, and c) receiving ? Except for petitions, bonded debt, or charter or under 10% of its annual revenue in grants from all constitutional provisions, allows districts to con- Colorado state and local governments combined. solidate ballot issues and voters to approve a delay of up to four years on ballot issues, but district ? Supersedes all conflicting state and local limits, but actions taken during such a delay may not extend other nonconflicting state and local limits remain beyond that period. unless amended or repealed by voters. ? Requires districts 15-25 days before an election to Enforcement prepare and mail notice of the election to all ? Preferred interpretation is that which reasonably registered voters containing a specified election restrains most the growth of government. caption, detailed financial and other information and estimates, and a summary of arguments for ? Provisions are self-executing, without need or per- and against. haps authority for implementing legislation. Tax Limits ? Enforcement is by individual or class action suits, ? Effective November 4,1992, generally requires any with successful plaintiffs entitled to costs and new tax, tax rate increase, mill Levy above that for reasonable attorney fees paid by district and suc- the prior year, valuation for assessment ratio in- cessfuldistrict defendants precluded from recover- crease for a property class, or extension of an expir- ingcosts and attorney fees unless suit is frivolous. ing tax, or a tax policy change directly causing a net tax revenue gain to any district to receive prior • ? Refunds by districts required for four full back voter approval at an election. years, with interest at 10%, on illegal revenues collected or kept or illegal expenditures made. ? Effective November 4,1992, generally requires any multiple-fiscal year direct or indirect debt or other ? Districts allowed discretion, subject to judicial financial obligation that does not have adequate review, in manner of refunds, and refunds need not cash reserves irrevocably set aside to pay off the be proportional if impractical to make r...rortional. obligation to receive prior voter approval at an election. ? Requires districts to refund revenues which exceed district revenues or spending estimates contained in election notices. 26 Colorado Municipalities/September-October 1992 Emergency Reserves must be refunded unless voters approve the excess ? Requires districts to set aside aminimum emergen- revenues at an election. cy reserve of 1% of its fiscal year spending, exclud- ing bonded debt service, for 1993, 2% for 1994, and Property Tax Revenue Limits 3% for 1995 and subsequent years. ? Generally limits annual local property tax revenue changes to inflation in the prior calendar year plus Emergency Taxes local annual growth. ? Allows governing body by atwo-thirds favorable vote to impose temporary emergency taxes, if Tax Policy Restrictions otherwise authorized and if not property taxes, to ? Prohibits new or increased real estate transfer taxes. finance emergencies, subject to immediate repeal if rejected by voters at the next district election. ? Prohibits new state property taxes. ? Excludes as emergency conditions justifying emer- ? Prohibits local income taxes. gency taxes and expenditures, economic condi- tions, revenue shortfalls, and district salary or ? Prohibits income tax rate or definition changes fringe benefit increases. from applying before the next tax year. Spending Limits ? Prohibits graduated state income tax rates. ? Generally limits annual increases in expenditures to prior year spending adjusted for changes in the ? Allows districts to grant uniform exemptions and Denver-Boulderconsumerpriceindexplusgrowth, credits to businesses to reduce or repeal business unless voters approve additional spending in the personal property taxes. form of a revenue increase at an election. Exempts certain enumerated categories of revenue from the ? Requires property tax valuation notices to be limit. (For state government purposes growth mailed annually and be subject to annual appeal. means the percentage change in state population in the prior calendar year. For local government pur- ? Prohibits any presumption in favor of property poses, growth means a net percentage change in valuation established by district. actual value of all real property from construction of taxable real property improvements, minus ? Specifies certain criteria for valuation of property destruction of similar improvements, and additions for tax purposes. to, minus deletions from, taxable real property. For school district purposes, growth means the percent- State Mandates age change in student enrollment.) ? Except for K-12 public education and federal re- General Revenue Limits quirements, allows local districts on a phased schedule to reduce or end local subsidies for ? Generally provides that total annual revenues may programs delegated to districts by the General As- notexceed total expenditures authorized pursuant sembly for administration. ? to the spending limit formula. If total revenues Prepared by Colorado Municipal League 8192 exceed authorized expenditures, excess revenues E.T. 't'~;CHNOLOGIES, INC. Environmental Services "Since 1983" •OSHA and EPA Compliance •Site Investigation and Remediation •Underground Storage Tank Management •Hazmat Emergency Response •Hazardous and Solid Waste Management •Health and Safety Training 6800 South Dawson Circle, Suite 100 • Englewood, CO 80112 (303) 680-9414 FAX (303) 680-5427 Colorado Municipalities/September-October 1992 27 Amendment 6 Lea ue uestions wisdom g q of raisin the state sales tax g The "Children First Act" uses the state sales and use tax to raise money to fund public schools. The League believes this is unsound tax policy. mendment 6, called by its for Achievement in Education tricts in implementing various proponents the "Colo- (COACH); requiring the 176 school provisions of the measure; and es- radoChildren First Act of districts to adopt and implement tablishing school personnel com- 1992;' isopposed bythe League be- high content standards or face an pensation schedules that base pay cause of fundamental tax policy accreditation loss and providing a on performance in addition to lon- concerns. The League's position is certified diploma; providing early gevity starting in FY 1993-1994. notbasedonwhetherpublicschools childhood education for at-risk Analysis need more or less revenues nor on four-year-olds after July 1,1994; re- There are several policy perspec- the mandates required by the quiring each school district to tives to the measure: Amendment. Instead, it is focused develop a strategic action plan, the ? The issue of education reform on the tax policy consequences. features of which are detailed in the is a hotly debated item. Many of the Summ initiated statute; requiring school ~ districts to subject themselves to ad- ideas embodied in the measure have As developed by Governor Roy ministrative audits and provide been reviewed by the legislature. Romer and the education estab- specific financial reports to the Some are in fact in place among lishment, this initiated state statute public; directing the Colorado Com- several school districts around the would raise thestate ssalesanduse mission on Higher Education state. Debate exists as towhetherthe tax rate from 3 percent to 4 percent (CCHE) to implement and promote delineated reforms will significant- (a 33 percent tax increase). The pro- the restructuring of teacher educa- ly improve public education. There _ ceeds of the tax increase (estimated tion; establishing a "school innova- is also a legal question as to whether by Colorado's Legislative Council certain of the reforms delve to raise $333 million in its first full tion and incentive fund of not less into school year of collection) would be dedi- than $50 million to be administered Gated permanently to the state's by COACH to assist CNd public schools. It exempts this rate school dis- p~S~TIOx increase from the existing state-mu- endme~ 6 ~a~eg Tai ~ ~,l,~at nicipal-county combined statutory ~ Re{or?t? stem wire seven percent sales and use tax rate Education e~,plishmen ublic s~jOOis:enab?e limitation. to PrOVide for~sessments for won puns to dipiomas ppRT It also establishes a series of lpna? ~ndards to develop strase9o requds ~a rem+m~ing a S~ schp0l d+stri of such hand rta?n s~~ds ared deastO ~~on school finance reforms includin , ach18raduates do note that eadY riod+c but not limited to: institutin a s s- for g that to req child min+s- g Y for those . to require to man~,te wool distract tem of content and erformance ion hoof build+n9~ . ~lidren; p the ~ to certa+n cts and ~n~ool d+str ~t to q standards developed by a re- be pfO~ded school distn grants to es arld use ~,difwr+~ Constituted Colorado Commission trat+ve ato! prov?de mnte~ °i state sal from mss, s aiY ppppSE rep°~~ 3 perk d state revenues to Pe e +ncre~ to iun public ~Zatior+ and to of equal increase t h pr°vide~i~~ele~ate share erce~ ent to be conilict+n9 laws recreate This article was prepared by the a!mnimum am ~nan~d Supersedet~Ylim~ations; ~ tO to reps statue • Comrr?+ss+°n• Colorado Municipal League staf f. funding; exist?ng AGH ~olorad yAch?eveme~ 28 Colorado Municipalities/September-October1992 curriculum and other local school 1990, according to the state Amendment 6. Increasing the state district responsibilities in a manner Department of Education). sales and use tax rate is ill-advised which violates Sec. 15 of Art. IX of c. Increasing school enrollments, given the nature of state and local the Colorado Constitution granting including an expected increase of government finance in Colorado. local school districts "control of in- ? The combined state-local struction. more than 16,000 students be- sales tax rate in Colorado is already ? There is also debate as to how tween this year and next. among the highest in the nation. If much revenue the 176 school dis- Tax policy features and effects the state rate goes up another per- , tricts can or should anticipate in FY Most important for city and town cent, Denver's combined rate would 1993-1994 and beyond under the officials is the tax component of (continued on page 30) state's School Finance Act, which was rewritten in 1988. According to Fun Can Be A Miracle...For Everyone the General Assembly's Joint All Miracle Budget Committee staff, for FY s=r"~=uresean be Adorable tic-mc- Offer childrena designed to include tce panel encourages unique challenge ro 1992-1993, the state will be con- onr new fnnr.deck a transfer post to interactive play build a God tributing nearly $1.28 billion toward combination allows a facilitate handicapped among children fie` y siren with the greater number of cessibility. of all ages. inclined climber. the $2.43 billion total cost of the omp°nent~ to be utilized within the school finance program, with the SCNe~m~ rest coming primarily from local Children wdl find a i 3 ro er}~~ taxes. For FY 1993-1994 safe and a:ruing p p `J , eit from rhis i the total state and local funding for s ae mre °n `h` sk` , schools under the Act's formula is to ~ ~ increase by $50.8 million to nearly , $2.48 billion. However, with various ~ 1 budget transfers used in FY 1992- ~ The twi~ter slide 1993 which may not be available in Encourage creative, thrillinnorher p y g ezit from FY 1993-1994, the General Assembly with the`tube Irde. f ~ ~ this structure. needs to find an estimated $275 mil- ~ j ~ lion in "new" general fund money The rargn ~et to cover the $1.37 billion state share ~ : safely p`°m°`°~ agility, balance, y, of that $2.48 billion if state aid is not ~oo~ n ~e reduced. It is also noteworthy to point out that since the 1988 enact- ment,annual per pupil spending on trade specializes in the ~ education statewide has grown by M ~ about 17 percent, from $3,650 to " amanufacture of playground $4,267 equipment for use by both disabled ? Some have observed that the and able-bodied children. Transfer - current school finance dilemma has Points encourage play on the various emerged from such concurrent components by all children. Model problems as: 162-592 conforms to the American Disabilities Act and Consumer a. The inability or unwillingness Product Safety Commission of the legislature to increase ap- guidelines. Thrills, and safety are combined in propriations at a pace promised Miracle's varied line of waterslides. • to the 176 school districts since I~r ' ~ ~ ~,ru ~ Other quality products by Miracle: 1988 (federal Medicaid mandates +StadiumSeating+Grills+Benches imposed upon the state and other +PicnicTables+Receptacles financial obligations have had a lot to do with this). Your Representative: b. The tendency of many school Churchich Recreation districts to bargain costly, multi- 7174 Four Rivers Road MiraCote steel seats, Model 1045, Boulder, CO 80301 year employee contracts (80 per- MIRACLE Toll Free• 800.729.7529 cent of education costs atthe K-12 combine the strength of steel with RECREATION • the beauty of apowder-coated E R U I P M E N T Phone: 303.530-4414 level were for personnel in FY COMPANY Fax: 303-530-9239 finish. Colorado Municipa lines/September-October 1992 29 be 8.3 percent and become the ments and make it more difficult to cent and would increase to 13.2 per- second highest in the country raise local sales taxes to finance cent. Denver's combined state-local among the 49 largest cities. Else- police, fire, health, street, public lodging tax would increase from 12 where in the state, one municipality works, park and recreation, and to 13 percent. Many other com- (Winter Park) already has astate- other local services. munities also have high rates. In- local rate of 9 percent; 16 have a ? Increasing the state sales tax creasing the state's sales tax rate will combined rate of 8 percent; 72 have would result in even higher ag- draw attention to Colorado's high a combined rate gregate taxes on aggregate taxes on lodging and dis- of at least 7 per- Present COlOradO lodging. In addi- courage conventions and other or- cent but less state/local sales tax rates tion to general ganized tourist groups from book- ` than 8 percent; state and Local ing meetings and vacations in Rate # Munls and 69 have a ° sales taxes on Colorado. Such a disincentive combined rate 90° 1 lodging, many would be particularly unfortunate of at least 6 per- 8 ~0 16 local govern- for Colorado, where our second cent but less 7-8 72. ments levy addi- largest economic sector is tourism. ° than 7 percent. ~ ° 69 tional lodging ? Other sectors of Colorado's More than 200 These rates d0 not Include taxes, the pro- economy are also vulnerable to ad- counties and ceeds of which verse effects from increased municipalities Lodgers Taxes) are often used to statewide sales taxes. These include now levy a local promote tourism. the retail sector generally, motor sales tax. For municipalities, it is The state also imposes an additional vehicle sales, the construction in- clearly the most important tax 2/10ths of 1 percent sales tax on dustry, and businesses which pur- source. Increasing the state's rate lodging to promote tourism. The chase large volumes of taxable tan- can only add fiscal pressures upon highest combined state-local tax on Bible personal property for their mandate-strapped local govern- lodging (Avon) is already 12.2 per- own use. Increasing state sales taxes gin, First Insitupipe"'installed for Thames River Authority in 1971. r Inspected recently and found to be "As good as new." - Over six million feet now installed in over 40 countries. 4 Rebuilds line and restores service connections o ' ~ in a few hours or days without digging. ~ ~~:h ~ Fast response from contract to completion. IVo d~sruptioni ` Jointless, smooth pipe will not leak and usually increases flow capacity. Insituform routinely replaces pipes from ' fourinches to several feetin diameter, w+th s~ii` ~ Insitupipe is resistant to most chemicals which attack and destroy many other types of pipe. jontless lengths of 2,000 feet or more possibl Proven effective in pressure pipes, too. N o, o ~ n~ S ¦ Cost-effective. No leaks. R .r , ~ ti - PLAINS, INC. P.O. Box 236 ~ Westminster, CO 80030 ~ 303-429-3536 or 800-325-1159 30 Colorado Municipa lines/September-October 1992 on businesses is an unfortunate sales taxes are paid a little at a time If Colorado raises departure from the state's policy of does not reduce its effect on low and its state sales tax luring economic development to moderate income taxpayers or, for from 3% t0 4% . Colorado. ~ that matter, all taxpayers. + Sales tax revenue losses for ? Raising the state sales and use Combined state-local general local governments can be an- tax is an inefficient method of rais- satestax rates In the 491argest ticipated from the reduced ing revenues for schools. Sales taxes Cities In the U.S.: economic activities described are no longer deductible from the . above. Losses federalincometax. 1 New Orleans, LA 9.000 can also be an- In contrast state 2 Denver (If passed) 8.300 Raising state sales ~ 3 Long Beach, CA 8.250 ticipated astax- income taxes are 4 Los Angeles, CA 8.250 payers avoid taxes will particularly deductible. Thus, 5 Oakland, CA 8.250 h i g h e r hurt low and moderate an increase in the 6 San Diego, CA 8.250 Colorado state income individuals state sales tax rate, 7 San Francisco, CA 8.250 and local sales ~ in addition to its 8 San Jose, CA 8.250 includin man senior 9 New York City, NY 8.250 taxes by pur- g y directimpactinin- 10 Dallas,TX 8.250 chasing out-of- CitiZenS. creased costs for 11 EI Paso, TX 8.250 state through goods and ser- 12 Houston, TX 8.250 mail order and vices, will cost 13 San Antonio, TX 8.250 other means. Reduced economic ac- Colorado tax a ers millions of dol- 14 Seattle, WA 8.200 1? Y 15 Chicago, IL 8.000 tivity and revised shopping pat- Lars annually because of their in- 16 Baton Rouge, LA 8.000 terns, though difficult to quantify, ability to claim increased state sales 17 Buffalo, NY 8.000 could significantly reduce sales tax taxes as federal tax deductions. 18 Austin, TX 8.000 revenues for Colorado's local gov- Raising the state sales tax is inef- 19 Memphis, TN 7.750 ernments. ficient for another reason. The state 20 Nashville, TN 7.750 21 Fort Worth, TX 7.750 t Sales tax rate competition allows merchants to retain 3 1/3 22 Tulsa, OK 7.500 among retail centers may increase, percent of the sales taxes they collect 23 Oklahoma City, OK 7.375 thereby exacerbating the problem of as a "vendors fee"-to cover their Denver (presently) 7.300 "tax islands" for cities, towns, and costs of collecting and remitting the 24 Phoenix, AZ 7.200 25 Tucson, AZ 7,000 counties. Varying sales tax rates sales tax to the state. Since Amend- 26 Minneapolis, MN 7.000 among jurisdictions are already a ment 6 does not adjust the vendors 27 Newark, NJ 7.000 problem. Raising the combined fee downward, businesses will 28 Cleveland, OH 7.000 state-local sales tax rate will draw simply retain 3 1/3 percent of the 29 Omaha, NE 6.500 further attention to Colorado's high increased tax revenues. This is an 30 Kansas City, KS 6.250 31 Dist. of Colum., DC 6.000 sales tax rate and encourage nega- estimated additional $10 million an- 32 Jacksonville, FL 6.000 tive business and consumer reac- nually, even though their collection 33 Miami, FL 6.000 tions. efforts are unchanged. None of this 34 Atlanta, GA 6.000 ? Raising state sales taxes will money will be available for public 35 Toledo, OH 6.000 36 Philadelphia, PA 6.000 particularly hurt low and moderate education. 37 Pittsburgh, PA 6.000 income individuals, including 4 The sales tax is the primary 38 Albuquerque, NM 5.570 many senior citizens. These in- revenue source for municipalities 39 Columbus, OH 5.570 dividuals generally expend a higher and certain special districts. It is a 40 St. Louis, MO 5.725 percentage of their incomes on tax- less important source of tax revenue 41 Cincinnati, OH 5.500 42 Milwaukee, Wl 5.500 able purchases. In contrast, the in- forthe state. On the other hand, only 43 Indianapolis, IN 5.000 come tax is a fairer tax because it is the state has the constitutional 44 Baltimore, MD 5.000 based on a person's ability to pay. authority to impose individual and 45 Boston, MA 5.000 While the tax impact on each corporate income taxes. A state in- 46 Honolulu, Hi 4.000 Colorado taxpayer will vary and is come tax increase would be a far 47 Detroit, MI 4.000 48 Charlotte, NC 4.000 subject to dispute, expected annual more logical and less intrusive 49 Portland., OR 0.000 revenues exceeding $300 million _ method of raising revenues for divided by the state population schools. Proponents apparently Source: Advisory Commission on In- which exceeds 3 million would be chose a sales tax increase in the tergovernmental Relations, Sig- equivalent to a direct and indirect belief that a sales tax hike would be nificant Features of Fiscal Federalism, Vol. 1, February 1992, tax hike of roughly $100 annually more acceptable politically. That Table 33, Rates as of November for each Coloradan. The fact that (continued on page 32) 1991• Colorado Municipalities/September-October 1992 31 • Here' 3 what happens t 0 belief may be misplaced, particular- Any number of municipalities Denver's hotel. tax rates. if ly as the public becomes more fully share their facilities with school dis- "Children First" passes informed of the ramifications of tricts, like Breckenridge, Colorado state sales tax increases. A 1992 poll Springs, Denver, Pueblo, and Vail. A City and state 1991 Rate conducted for the U.S. Advisory number of cities and towns have New York, NY t 925% Commission on Intergovernmental successful student government days Columbus., OH 15.75% Relations (ACIR) measured public with their local districts like Seattle, WA 14:10°% opposition to various federal and Thornton, Hugo, Manzanola, and Denver (if `It passes) 13.OOoo state taxes. The state sales tax was Fort Collins (which also wrote a Austin, TX 13:00% Atlanta, GA 13.00%° chosen as the "worst tax" by 16 per- textbook on city government for use Milwaukee,. Wt 12.50% cent of the poll's respondents, with in local schools). Chicago, IL 12.40% only 9 percent of the respondents Many municipalities in the state Denver (presently) 12.00% g coordinate with local school districts Nashville, TN 11,,75% callin the state income tax the New Orleans, LA 1.1.00% "worst tax." on substance abuse programs Washington,'DC 1'1.00% through their local police and law San Francisco, CA 11.00% Municipal support for schools enforcement agencies. Hot Springs, AR 1A.50% The League's opposition to Last year, the League and munic- Louisville, KY 10.25% Amendment 6 does not reflect mu- ipalities endorsed Governor Kansas City, MO 1'025% nicipal opposition to public schools. Romer's "Colorado 2000 Com- e Orlando, FL 10.00% Indeed, municipal officials' support munities Initiative" which focused Boston, MA 9.70% Tucson, AZ 9:50% and cooperate with their school dis- attention on the importance of Oklahoma City, OK 9.25% tricts in many ways. Here are a few schools in local communities. At the Salt Lake City, UT 925% examples. time of that endorsement (May San Diego, CA 9:00% In Montrose, the city's sales taxis 1991), the League strongly urged the Portland., OR 9.00% artiall shared with the local Burlington, VT 9.00%° p y Governor not to use an increase in Las Vegas., NV 8.00% school district. This effort was given the state sales tax rate to finance Sioux Falls, SD 8.00% first place recognition in CML's public education, and that position 1991 MurucipalInnovativeProgram has been reiterated to Governor Source; Based on combined state Awards competition. Other cities Romer in subse uent meetin s and local hotel #ax races provided by have sharin arran ements under q g the National Conference of Stata g g Conclusion Legislatures. consideration. Municipal opposition to Amend- ment 6 is not focused on whether r;~ An increased sales tax ~ public schools need more or less re- venues nor on whether the reforms could affect tourism ~ mandated by the Amendment will Tourism Is the fastest growing $~1 be beneficial or increase costs and segment of the Colorado d interfere with local control of economy. I t i s Co I o ra d 0's schools. The League's opposition is second largest industry with _ ~ centeredontheill-advised tax policy revenues of about $6 billion. which Amendment 6 embodies. Fu- However, Colorado faces in- _ tur funding for public schools can creasingly tough competition I and should be addressed for tourist and business spend- ~ ' when the General Assembly Ing. Tourism is the top industry meets next January, rather in the world, and competition a < ~ ~ than being "resolved" for the tourism dollar is very v - ~ - . ~ through the tax strong, both nationally and ln- s _ ~ _ policies included in ternationally. ~ - - Amendment 6. ? A higher sales tax on tourism - _ will jeopardize Colorado's com- , ~ petitive position for tourist dol- ~ - _ _ - 1' ~ ° ~ lars-i.e., the ski industry, the ~ _ - Colorado Convention Center, ~ ~ and the new Denver airport. ~dfi. ~ ~ ~`~-l'~°~ - ~ 32 Co lorado Municipalities/September-October 1992 Amendment C Local communities should have voice in amin activities g g he Colorado Municipal Analysis League has taken a posi- The essence of the measure re- tion supporting Amend- quires local approval for any limited - ment C, requiring a local vote on gaming activity, starting with the ~ ' limited gaming before it becomes a proposals which are anticipated for ~ _ lawful activity within a munici- November. Approval for extending ~ pality or county. limited gaming is now accom- 'S, a{ plished by statewide vote through a ~ ; , ; - F Summary . - constitutional amendment. No local ,.z.; This measure amends the . , "f~;,~~' vote is currently required unless Colorado Constitution by provid- i . , s ecified in the constitutional _ ing that, in any city, town, or unin- amendment which authorizes the ~~~~„.bj•s;, 71.. V`s J corporated portion of a county limited gaming. The League sup- R~~ ; ~ ~ r i ~ k. which has been granted the con- t w Y,~ ~ stitutional authori on or after Nov. Ported this measure as SCR 3 during ~ ~ w~ ,iw. 3 1992,forlimited amin within its the 1992 legislative session. Two . ~ " g g . . akn~til ~ ti : . boundaries, this activity is unlawful limited gaming measures propose .w ; unless first approved by a vote of such activity without a local vote in • ` the area affected. This le islative the electorate within the affected en- g - tity. The question must first be sub- referral is in part a response to that =z type of effort ~ ~ ` ` miffed at a general, regular, or spe- ~ f cial election within 13 months after League concerns d" ~ the effective date of any constitu- The impact of limited gaming in _ ~ ~ yti tional amendment which adds a a community is of such importance ' ~ 8 municipality or county to the list of that the question of expansion areas authorized to have limited should be determined by a local gaming. If local approval is not ac- vote of the electorate. For this quired when submitted to the reason, the League supports voters, a period of four years must Amendment C. elapse before the question can again C~ be submitted to the voters. Phrasing poSIT1oN of the question is specified; it also ®1,m8~ G m~ng after specifies that any land or building ~ a °r1 owned by a municipality or county Local VOe Vote a XVIII of me g~pPORT is covered by the amendment's $tateW~d $e~on 9 of a do, stamen granted provisions. The amendment does meat tO of COIOra has g X992, Which be pn amend of the state untY Novem r lirri?ted not affect limited gaming activity in ~nsbtutwn town, or on or aKer daries, su~ved by an Black Hawk, Central City, or Crip- in n t ~oria? a 1~g Wty t?i~~~ ~ jesso~ rs o~pci a~~9 ao new OpY~SE ple Creek and on any Indian reser- ~ rted gam be orate ad vation. Also it adds a new section for l!m shall not the elect aunty, and me sever- regarding the severability of con- a~rma ive ate °~rfion v; l ~o provide t°r stitutional provisions. $e~on~p t°~s~~ ~on~ prov~1Ons. ability This article was prepared by the Colorado Municipal League staf f. Colorado Municipalities/September-October 1992 33 Amendment 9 't'he League opposes Denver downtown gambling measure without a local vote he Colorado Municipal Arapahoe, Boulder, Denver, League Concerns , League has taken a posi- Douglas, and Jefferson counties, The measure has no local option tionopposingAmendment and to the general fund of the mu- vote for registered electors within No. 9, authorizing limited gaming nicipalities within those six coun- the City and County of Denver. generally within the Central Platte ties. It imposes a five percent local Consequently, if approved at the River Valley area of lower surtax on the adjusted gross pro- November statewide election, downtown Denver. ceeds of the newly authorized limited gaming would be imple- Summary gaming activity paid to the Denver mented even though Denver voters This initiative would amend the general fund and imposes apro- might disapprove of limited gaming Colorado Constitution by authoriz- rated real estate transfer tax on real for their own community. The ex- ing limited gaming within certain property transfers within the area pansion of limited gaming in this sections of the Central Platte River designated for limited gaming (the manner is not consistent with the Valley area of lower downtown amendment does not specify. how notion of local control. For this Denver. Limited gaming would be this revenue is collected or distri- reason, the League opposes subject to all current limited gaming buted). It would prohibit future ex- Amendment No. 9. ? restrictions and regulations, includ- pansion of limited gaming within ing the maximum allowable state Adams, Arapahoe, Boulder, Den- tax of up to 40 percent of adjusted ver, Douglas, and Jefferson coun- 1 p 0 0 gross proceeds on limited gaming ties. within the designated area of Den- Analysis ~ ~ ~ ~ ~ ver. _The amendment would dis- The measure would expand tribute the state tax revenues from limited gaming activity into a desig- such activity to the state general Hated area of Denver (somewhat ad- fund, to the general fund of jacent to the proposed new baseball a Adams, stadium). It would not allow fora 1 ~ local option vote. `amendment 9 ~i~ mited Ga?riin UU An am Owen ~OW~ Wni peg Arm gaming in meet to the Colorado Vet PD ice' ores of Denv~rf i uS b Portions o f ~Ceonstrtution to TON Pay~~ to a surtax o~the existing limitn~ Platt ~ e~mited transyef the City an Proceeds gaming r autho • tax on real estatCounty of Cenver~ limited 9am~r°ns; ' nze the taxation within the to im 9 S m n revenues to ~ of ~fu~~ designated Pose a N'~RT future wording to allogt~ ~ moss g~ning area and Ar expansion of a specified to g state and eds, apahoe, Boulder, lpa~ ed gamin ~u~ ~d to 9overn_ gl~, or Jefferso~~e~ orPn hams, Counties. OPppSE This article was prepared by the Colorado Municipal League staf f. 34 Colorado Municipalities/September-October 1992 Amendment 2 Amendment intrudes into municipal ability to adopt local ordinances ` he Colorado Municipal political subdivisions, including othercitiesandtownswouldbepre- League has taken a posi- municipalities, from adopting or en- empted from ever enacting similar lion opposing Amendment forcing any law or policy which en- antidiscrimination ordinances. ' No. 2, an amendment to prohibit titles a person to claim discrimina- League concerns laws or policies which entitle per- lion, protected status, minority The Leagueisconcernedprimari- sons to claim discrimination or status, or quota preferences based 1 about thisamendment sattackon protected status based on their on their sexual orientation, conduct, the power of municipal officials and sexual orientation. practices, or relationships. local voters to determine what laws The text of the proposed Amend- If passed, this initiative would are appropriate in their com- mentreads: negate an Executive Order by munities. Governor Roy Romer prohibiting This amendment erodes local Be it Enacted by the People discrimination on thebasisofsexual control. Aspen, Boulder, and Den- of the State of Colorado: orientation in state employment as ver aased their ordinances after Article 2, of the Colorado Con- well as a host of other regulations publc hearings or by the vote of stitution is amended by the addition prohibiting such discrimination, in- their citizens. Now, this issue is of Section 30, which shall state as eluding regulations currently in ef- placed on the statewide ballot, in the follows: feet at Colorado State University hope that the state's electorate will and the Denver Public Schools. overturn these local ordinances. NO PROTECTED STATUS In addition, three Colorado Ordinanceswhichamunicipality BASED ON HOMOSEXUAL, LES- cities-Aspen, Boulder, and Den- adopts should be locally controlled BIAN OR BISEXUAL ORIENTA- ver- presently have laws in place by the voters and elected officials in TION. Neither the State of to protect the civil rights of their gay that municipality, not by voters ' ' Colorado, through any of its and lesbian citizens in the areas of statewide. All cities and towns and branches or departments, nor any of housing, jobs, education, and public their citizens should retain the right its agencies, political subdivisions, access. Boulder's ordinance was in- to enact or refrain from enacting municipalities or school districts, itiated and voted in place by such ordinances. shall enact, adopt or enforce any Boulder citizens. In Denver, the or- For these reasons, the League op- statutue, regulation, ordinance or dinance was first passed by city poses Amendment 2. a policy whereby homosexual, les- council and later endorsed by a vote bian or bisexual orientation, con- of the citizens. All three of these duct, practices or relationships shall laws passed by home rule cities constitute or otherwise be the basis would be overturned if this initia- of, or entitle any person or class of tivepasses.Moreover, ' persons to have or claim any a 11 ~ ~pN minority status, quota preferences, 0~ Z protected status or claim of dis- ®nam tafi115 ' crimination. This Section of the Con- Am prOt~ted S Colorado stitution shall be in all res eels self- a+tlcle 11 °f th of Colorado T executin p amendment trohiblt the state from adoPldes SUpppR to P bd+v+s~1Cy Wh1ch P g Constitution , 1lticalaw lion, and any of Its P° or plsexua? on titles a Analysis ing or enoSeX a?afesb+an~~nstltutes or led status, This amendment would prevent t~ondu~m or relatia Y 1m rlority nation°tec OppOSE to d+scrim the state or any of its agencies or Person Ala+m or quota preference This article was prepared by the Colorado Municipal. League staf f. Colorado Municipalities/September-October1992 35 P 1 ~-Y~ ~ J ~y ~ i ~ ~ ~~iiiair - ~ , en sltress a ucers ~ rov 1. Get up 15 minutes earlier in the 4. Don't rely on your memory. 6. Do nothing which, after being morning. The inevitable morning Write down appointment times, done, leads you to tell a lie. mishaps will be less stressful. when to pick up the laundry, ~ Make duplicates of all keys. Bury 2. Pre are for the mornin the eve- when library books are due, etc. a house key in a secret spot in the p g (The palest ink is better than ning before. Set the breakfast the most retentive memory."- garden and carry a duplicate car table, make lunch, put out the Old Chinese Proverb) key in your wallet, apart from clothes you plan to wear, etc. your key ring. 3. Procrastination is stressful. 5. Practice preventive maintenance. 8 Be prepared to wait. Apaper- Your car, appliances, home, and Whatever you want to do relationships will be less likely to back can make a wait in a post tomorrow, do today; whatever break down or fall apart "at the office line almost pleasant. you want to do today, do now. worst possible moment " 'I`he financial institution every expert a 'strator should k~low about. When it comes to employee The best part about CSECU is, we administration, we know you're an expert. combinetheseunbeatableproductswithquality And so do the employees you interact with service. In fact, in a recent member survey, our each day. quality of service was ranked in the top That's why we thought we'd remind percentile of financial institutions of our kind. you of the financial institution that's designed You see, at CSECU, we make it easy especially for them. Colorado State and affordable for our members to conduct Employees Credit Union. business. They work hard for their money and We save what your employees work we're behind them all the way. for, with lower interest rates on loans and low Colorado State Employees Credit or non-existent fees on other products and Union. Apart of their benefits package you services. don't want them to pass up. For more Like free checking with no minimum information or to see if your group qualifies for balance and no monthly service charge. And membership, contact the Marketing our NO ANNUAL FEE VISA Credit Cards with Department at 832-4816 or 1-800-444-4816. some of the lowest rates in the nation. ~~1 I 36 Colorado Municipalities/September-October1992 1 9. Plan ahead. Don't let the gas 19. Unplug your phone. Want to 26. When feeling stressed, most tank get below one-quarter full, take a long bath, meditate, sleep, people tend to breathe in short, keepawell-stocked"emergency or read without interruption? shallow breaths. When you shelf" of home staples, don't Drum up the courage to discon- breathe like this, stale air is not wait until you're down to your nect temporarily. (The pos- expelled,oxidationofthetissues last bus token or postage stamp sibility of there being a terrible is incomplete, and muscle ten- to buy more, etc. emergency in the next hour or so Sion frequently results. Check 10. Don't put up with something is almost nil.) your breathing throughout the that doesn't work ri ht. If our 20. Sim li sim li sim li day, and before, during, and g y p p p after high-pressure situations. If ' alarm clock, wallet, shoe laces, 21. Make friends with nonworriers. you find your stomach muscles windshield wipers-what- Nothing can get you into the are knotted and your breathing ever-are a constant ag- is shallow,relaxall ourmuscles • gravation, get them fixed or get habit of worrying faster than as- y new ones. sociating with chronic worry- and take several deep, slow warts. breaths. Note how, when you're 11. Allow 15 minutes of extra time to relaxed, bothyour abdomenand get to appointments. Plan to ar- 22. Get up and stretch periodically if chest expand when you breathe. rive at an airport one hour your job requires that you sit for extended periods. 27. Writing your thoughts and feel- beforedomestic departures. ings down (in a journal, or on 12. Eliminate (or restrict the amount 23. Wear earplugs. If you need to paper to be thrown away) can of) caffeine in your diet. find quiet at home, pop some in. help you clarify things and can 13. Always set up contingency 24. Get enough sleep. If necessary, give you a renewed perspective. plans, "just in case:' (If for some use an alarm clock to remind 28, "Worry about the pennies and reason either of us is delayed, you to go to bed. the dollars will take care of here's what we'll do..." kind of 25. Create order out of chaos. Or- themselves." That's another thing. Or, "If we get split up in ganize your home and work- way of saying: take care of the the shopping center, here's space so that you always know t esterdas sa d thect mo ows where we'll meet:') exactly where things are. Put y Y things away where they belong will take care of themselves. 14. Relax your standards. The world and ou won't have to o throu h will not end if the grass doesn t y g g get mowed this weekend. the stress of losing things. (continued on page 40) 15. Pollyanna-Power! For every one thing that goes wrong, there are Local control, from pagel4 On Aug. 19, the Ballot Issues probably 10 or 50 or 100 bless- to the Executive Board that a rocess Committee deliberated on all of the ings. Count them! p involving broad municipal official municipal-interest measures. 16. Ask questions. Taking a few mo- input be established to review The CML Executive Board met ments to repeat back directions, general election measures affecting Aug. 28 to review the work of these what someone expects of you, municipal government. two standing committees and to etc., can save hours. (The old As a result, the League Executive finalize League positions. the hurrieder I go, the behinder Board established a statewide Ballot This is how the League I get;' idea.) Issues Committee open to any mu- developed its positions on all of the • 17. Say "No!" Saying no to extra nicipal official to review ballot ballot propositions. Of course, no projects, social activities, and in- measures and recommend positions municipality is bound by these posi- vitations you know you don't to the Board. Lakewood Mayor tions. have the time or energy for takes Linda Morton chaired the Ballot Is- It is hoped, however, that the practice, self-respect, and a sues Committee. League's review and analysis will belief that everyone, everyday On Aug. 18, the League's Tax assist and provide a valuable service needs quiet time to relax and to Policy and Tax Limits Committee, to each of CML's 251 member cities be alone. chaired by Canon City Mayor Roger and towns in understanding and 18. Turn "needs" into preferences. Jensen, met to review Amendments discussing November general elec- Our basic physical needs trans- 1 and 6, and a measure which did tion ballot items and their implica- late into food, water, and keep- not qualify for the ballot, the CACI- tions for municipal government. ? ing warm. Everything else is a drafted constitutional state and preference. Don't get attached to local government spending limita- preferences. tion. Colorado Municipalities/September-October1992 37 • • ro ass B o n a ~ recto r ~p CENTENNIAL I ~ Ralph Andersen ~ ENGINEERING , & Associates INC. McLanglilin Water Engineers, Ltd. Executive Personnel Systems Water Ri Recruitment Bbt+ & Resources ~ Yt.l Classification Transportation, Traffic, Roads, Streets, water Treatment&Distribution Resource i''.' Wastewater CoBedion, Treatmw[ & Reuse Mans ement compensation Bridges, Airports, Environmental 9 i Storm Drainage & Flood Control Pay for Performance Studies, Industrial Development Ra[e Studies Utilities Economics Management Audits Subsurrace Drains e & Irri atioo Piscal Impact Planning and General Civil Engineering ~ B Training Analyses Water-Based ecreation P.O.Box 1307, Arvada, CO 80001 r ~ ~ • (303) 420-0221 , , , ~ , , Engineering • Architecture . ~ Road/Brid a Desi n ~ ~ 9 9 JNM James M. Montgomery ~ Traffic Engineering Consulting Engineers Inc. BIaCK & Vieatch Transportation Planning EngineertirArchnects ~ Serving the World's Environmental Planning Environmental Needs Construction Engineering Denver Regional Office Offices Worldwide 1400 South Potomac Street • Aurora, Colorado 80012 216 16th Street Mall Denver, co Laramie, wv (303) 671-4200 Suite 1700 (303) 695-4030 (307) 742-9220 Denver, CO 80202 303 / 820-5200 OWEN ENGINEERING & BUCHER, WILLIS & RATLIFF MANAGEMENT CONSULTANTS, INC. r , lu(;INIIKti I l~l:\N~VI KS I AK(-I III L('Iti • ~ • ~ ¦ COnatnlG(IOn Management ¦ Feasibility Studies ¦ Operations Management ¦ Energy Autlas ¦ Forensic Engineering ¦ Pilot Studies • Comprehensive Engineering Market Analysis Financial Feasibility ¦ oaM services ¦ Facilitiee Design • Planning • Architecture Downtown Revitalization Asset Management ¦ plant Startup ¦ O&M Manuals • Landscape Architecture Services Economic Development Fiscal & Economic Impact Specializing in Water & Wastewater Treatment Systems Public Finance Project Packaging DENVER SACRAMENTO 303/292-5056 (303) 969-9393 (916) 677-5286 1638 Pennsylvania • Denver • Colorado • 80203 • 303/860-9996 SARASOTA CO!_uMBUS (eta) ss7asz7 (sta) aaa-6753 1743 Wazee Street ~ SUll6 2001 Denver, CO 80127 Atlanta • Denver • Fort Lauderdale • Silver Spring • tL'ashington C D M entnronrnenra/ engineers, scientists, Servin Colorado and the planners, & rrtanagernenr mnsD~ants 9 Rocky Mountain Consultants, Inc. Rocky Mountain Region engineers-geologists-planners Water Wastewater for 35 years. ~ ~ Water, wastewater, storm Stormwater, Hazardous & HDR Engineering, Inc. drainage, hazardous waste Solid Waste Mana ement Water /Wastewater and highways Transportation Wholty owned and operated in Colorado Waste /Energy Came t)reSSer & MCKee InC. 303 E. 17th Avenue -Suite 300 Offices in: 1331 17th Street, SuRe 1200 Denver, CO 80203-1256 E lewood LO Denver, CO 80202 Telephone: 303 861-1300 ~ ngmont Estes Park (303) 298-1317 741000 772-5282 586-2458 38 Colorado MunicipalitYes/September-October1992 ' Need private sector help with your • Water & Wastewater • Treatment Plants • ~ • • Process, Control, Upgrades & Expansions communlty s next prod ect?~ • Computer Control Systems • Electrical • Instrumentation • Civil s. Municipal Profeaslonal Engineers & Conaullanta II00 Siout Street/Suite 750 Denver, CO 80204.2064 Check the (303) 825-5999 FAX (303) 825-0642 ' Buyers and Services Guide for a r Local Governments . ~ ' _ ' I' ' ' - , A directory of more than Planning ¦ Design ¦ Rates / 200 private sector busi- Economic Analysis ¦ Feasibility Studies Management Services nesses providing products Construction Management . ti and services used by local 'n governments. • . Copies of the Guide have been mailed to all Colorado communities. . For additional free copies _ of the Guide, contact the -5 Colorado Municipal League (303) 831-6411 x:, SCHMUESER GORDON MEYER e' - Civil Engineers an0 Surveyors _ • Water arW Wastewater • Site Development - • Municipal Engineering • Solitl Was19 • Traffic antl Transportation • FlopOplain Analysis (HEC~21 ' Manning • Cpmputeraidetl Design • Legal, Tppograp~lc antl antl Drafting Construction Surveying • Structural Engineering antl • Water Riga(s Arelysis 1001 Grand Ave. P.O. Box 2155 Glenwootl Springs,C081601 Aspen, C081612 945.1004 925.6727 Don't make a move without us! If you're moving, be sure Colorado Municipalities goes along with you. (Updating your address on the Colorado Municipalities mailing list will also THIS SPACE I S AVAILABLE update your address on other Colorado Municipal League lists.) Send this form . and the address label fiom the back of this magazine to Colorado Municipal Contact the League, 1660 Lincoln Street., Suite 2100, Denver, CO 80264 Colorado Municipal League 1660 Lincoln St., Suite 2100 Name ' Denver, Colorado 80264 (303) 831-641 1 Title Address City, State, Zip (Attach label here) Colorado Municipalities/September-October 1992 39 i 29. Try the following yoga techni- 37. Take a hot bath or shower (or a 48. Learn to delegate responsibility que whenever you feel the need cool one, in summertime) to to capable others. to relax; inhale very deeply relieve tension. 49. Don't for et to take a lunch through your nose to the count g of eight. Then, with lips puck- 38. Do something for somebody break. Try to getawayfromyour ered, exhale very slowly else. desk or work area in body and through your mouth to the 39. Focus on understanding rather mind, even if it's just for 15 or 20 count of 16, or for as long as you than on being understood, on mutes. can. Concentrate on the long loving rather than on being 50. Forget about counting to 10. sighing sound and feel the ten- loved. Count to 1,000 before doing sion dissolve. Repeat 10 times. something or saying anything 40. Do something that will improve that could make matters worse. 30. Inoculate yourself against a your appearance. Looking bet- feared event. Example: before ter can help you feel better. 51. Have a forgiving view of events ' speaking in public, take time to and people. Accept the fact that go over every part of the ex- 41. Schedule a realistic day. Avoid we live in an imperfect world. perience in your mind. Imagine the tendency to schedule back- what you'll wear, what the au- to-back appointments; allow 52. Have an optimistic view of the dience will look like, how you time between appointments for world. Believe that most people will present your talk, what the a breathing spell. are doing the best they can. ? questions will be and how you 42. Become more flexible. Some will answer them, etc. Visualize things are worth not doing per- -Source: Intermountain Health the experience the way you fectly and some issues are ap- Care. Reprinted from the January 1992 find that when the timoe clomes to propriate to compromise upon. issue o f the Nebraska Municipal make the actual presentation, it 43. Eliminate destructive self-talk: Review, published by the League of will be "old hat" and much of "I'm too old to "I'm too fat Nebraska Municipalities. your anxiety will have fled. to etc. 31. When the stress of having to get 44. Use your weekend time fora ~ a job done gets in the way of change of pace. If your work gettingthe job done, diversion- week is slow and patterned, ~ , a voluntary change in activity make sure .there is action and and/or environment-may be time for spontaneity built into just what you need. your weekends. If your work week is fast-paced and full of ~ 32. Talk it out. Discussing your people and deadlines, seek problems with a trusted friend peace and solitude during your can help clear your mind of con- days off. Feel as if you aren't fusion so you can concentrate on accomplishing anything tangi- problem solving. ble at work? Tackle a job on the 33.One of the most obvious ways to weekend which you can finish avoid unnecessary stress is to to your satisfaction. select an environment (work, 45. Do one thing at a time. When you home leisure) that is in line with ' are with someone, be with that your personal needs and person and with no one or noth- desires. If you hate desk jobs, ing else. When you are busy !f?~/'~•.., don't acce t a ob which re- , p 1 with a project, concentrate on -•.r... uires that ou sit at a desk all q Y doing that project and forget `~a`;+ji~f;,, ~;,;~F{ , day. If you hate to talk politics, , ° about everything else you have E;;, . ~ don t associate with people who to do. , love to talk politics, etc. 46. Allow yourself time-every `'.,++,'~.~':';~i~'~~`'~`,~ 34. Learn to live one da at a time. ~ Y da for rivac uiet and in- 1.+, ` tros ection. ~~\1 35. Every day, do something you P 1 really enjoy. 47. If an especially "unpleasant" ~ ~ 'I ~ task faces ou do it earl in the I ' ' ~ , 36. Add an ounce of love to every- Y ~ Y ~ thing you do. day and get it over with, then ~ fly li the rest of your day will be free il+!I~ from anxiety. , I 40 Colorado Municipalities/September-October1992 / / / / I i' ~ . ; . Boettcher F~ Com~iany Denver Public Finance 828 Seventeenth Street has been the outstanding Denver, Colorado 80202 (303) 628-8868 investment banking~rm in Colorado since 1910. Denver Retail Brokerage Offices Boulder It still is. (303) 441-0600 Colorado Springs (719) 636-5211 Denver Seventeenth Street Sales (303) 638-8000 In fact, since becoming a part of Kemper Securities Denver Tech Center Group, Colorado's best has gotten even better. Our (303) 740-0700 long-standing tradition of personalized client ser- Durango vice now has the added support of one of the most (303) 247-2975 respected corporate names in the country - Fort Collins (303) 482-6464 a truly unique advantage. The result is a firm with continued commitment to Colorado and the added Glenwood Springs (303) 945-2541 national strength, insights and resources to serve you better than ever. Grand Junction (303) 242-8262 Colorado municipalities deserve the best. Lakewood (303) 987-6000 Boettcher & Company and Kemper Securities Pueblo Group sometimes when two become one, (719) 544-8611 extraordinary things can be achieved. Kemper Securities Group, Inc. I ~ secuwnes Boettcher & Company Division ~ ~ Members New York Stock Exchange and other principal exchanges ~ ~ ~ r ~ t ~ „fix s y tFt r u. i~_ - o-,.~ ,rr-, ?x - t r ,s f ~ ~`t'~ = F ` ~ ~ - .t, -w ~ ~ ~ s " _ I f; I 1 1 ~ ~ ' 1 articipates in the sale more than $ l O billion o f municipal Haniren Cn~hof f ]nc. uras originally this area, has enabled us to become one Corce annually p underwritings. By acting as manager foundedasamunicipal6ondfidQ ~as underfwrite~more than S1 bi11 on of o than 30 years ago, and to y of its own underwritings, and partici- atin in many public debt offerings emergedastheregionaileaderinpublic publHanjten hasgst~ruatured and pom~oasttocaast.Hanifenassures finance. We're also the only locally roductsto owned member of the Newyork Stock mahneaed and njrports, hospiftai wand clients of a wide e lame t °equirements. hg y Exchange. A tradition of superior service, By dedicating our entire resources Ye~°°altional f acilities~ and j ~ s~dOur meet tver to the Rocky Mountain West, we ve expertise in traditional financing is ~ naming hasjmade 1Hanifen Imhof f played a major role in building un ue exibility and (i Colorado and the region from the complemented by ~A fl the regional investment banking leader' ground up. An unequalled commit- crealjnjaddittoentjHanifennlmhof f's Cal( us to put unmatched strengths wled e o f hl accomplished Fixed Income sales to work on your public finance nee . went to service. combhe marketa and hig y depth kno g Hanifen, Imhoff Inc. Investment Bankers 1125 SeventeMembteeeNe uYorkStock E change,gl~~~ SIPC 3~ 2962300 Offices in: Albuquerque, NM; Cheyenne, WY; Glenwood Springs, C0; and Wichita, KS. SENT BY~EAGLE COUNTY ;10- 8-92 16 09 3033287207-? 3034792157;# 1l 5• f:~ _ QCtOtf~ 1992 - 12:54 EAGLE COUN(Y BLIRDING • 551 IpWAI~WAY OFFICE OF THE ti,~:'.:~ ; P.O. ROX 850 80ARD CtF CQMMLSS~RS .r ~:';.:1.. EAGLE COLQRADO 8 (831 (303) 328.6605 FA)(r (3Q3) 32R•72Q7 ~~~E cauNTV, ~a~o~?Do AGENDA • 1 BOARD OF COUNTY CO1VIMiSSIONPRS • PLANNING MEETING DAY • TUESDAY, OCTOBER 13, 1992 09:00 -10:00 WORK SESSIt)N W r~~.Y CfFDATE MT. ~t~s ROLY cuss ROV~t Mmes R. Pritae ,County Manger 10:!10 - 10:45 P~IlV(~ i.[~TGATION MT gaeGr cxosr RoaM Kevin I..in~hl, County Attflrney 10:45 -11:00 **#BREAIC*** 11:00 -11;30 WORK SFSSIUN - RE~~y~ OF ,.~.~,1nULLOWiNG NT ojehe EOLY CROSSROON RF+SUL'~ I,DNS: INVFSTMII~IT POLICY, TAX SALE, AND ASSIG•NNlENT OF CUUNTY - BELD TAR LYIIITS Mary ]o Bere~ato, Assistant County Attamey Sherry Brandon, County 'IYreasui+er 11:30 -1:00 WORD SESSION - CIGNA 11[7'r2/d!e AOLY CROSSROOar Judy White House, Director of Human 1Z8SOUrG~ 1Zt011- 01:30 sssLUNCHsss 07,:30 - 01:45 CONSENT CALIIVDAR 6,1618 o0111NFYRlu7JM 17E'dlSOFd ROU7TA+Ed1~NOIVKaONI~iVSRSIdL A?d7URE:aIi;EPLIGTsD ON 771!6 C+011~NlCdLBn?DaR 7iDdllAW 77~6BQdRD OF ODUM7' LYJYIIlISS70N8RS 7n S!?BlVD l!g 7TME dNb BIVF~TC3Y ON AdORL lMAORTdN]' 1a'rblS ON A 181YGI1YY dCr6)ICD.l. dNY tapl~uiSSiOABR MAYREQ~S7TEATdNl78A( 8E'RHA[DY6i1' PROM 7HB GONSBN!"GlGL11ID.lRdNU ~ SEPdRA7EGY. d1NyMOFTNSpUBL(C~ld2~ RL'QUaSI-dNYP!ffiIdBB"RSMOT+Ra•FROM7RBCON~IMR'ACn81~l. 1. BILL PAYING Linda Pankach, Accounting Larry Clever, Controller ACTION: Approval subject to review by the County Manager. o • SENT BY~EAGLE COUNTY ;10- 8-92 ; 16 10 3033287207 3034792157;# 2J 5 Z. PAYROLL FOR OCTOBER 1S, 199Z James R. Pritze, County Manager ACTIONt Approval subject to review by the County Manager. ' 3. CONTRACT B~~ r~,~.i' EAGLE COUNTY, STATE OF COLORADDO AND STATE OF COLORADO, DEPARTMENT OF HEALTH FOR 1~ STATE PLAN RELA 1 i ~ ~ TO r IVIA I ANAL AND k.'l~li.D REACTS DIYiSXON, PRF.d~TATAL PROGRAM .Margie Gabes, Direc#ar of Nursing ACTION: Consider approval. 4. AGlu~navlENT H~ 1 ~ ~ ~I EA?GLE COTJNTY, STATE OF COLORADO AND THE COLORADO DEPARTrI~ ~ L OF IiEALTH FOR PL~LIC REACTS SANITARIAN SERVICE`S Ray Merry, 8nvironmental Health Officer ACTION: Consider ~ r ~ ~ val. 5. PLANNKNG RESOLUTION SIGNING Keith Montag, l?i..~.,tr.. of Community Develapm~t I. PD-295-90~,S/P EAST SQ'Cl'A'W k.:x,rn.x TT. ZC-Z53-91rNRD-VALLEY BUSIl~SS CEh Y r.~t Id ZS-292-90-EAGLErYAIL GOI.~' COURSE IV. ZS-301-90-COOY.EY MF~SA SUB-STATION ACT10N: Consider approval. 6. COUNTY V.c,~I~.~AN3 SERVICE OFFICER'S MON'17ILY REPORT AND CERi,.a~YCATfON l~'OR PAY FOR AUGUST AND SE,c Y ~?rtBER Jack Johnson, Veterans Affairs Director ACTION: Consider approval. 7. EAGLE COUNTY REGIONAL AIRPORT PRE- APPLICATION Dan Reynolds, Aixparrt Manager ACTjOIV: Consider approval. 8. AGRr..e,~v~NT B~ETW ~rd+T EAGLE COUNTY, STATE 01~ COLORADO AND MILLAR F~LEVATOR SERVICE COMPANY FOR MOh I,~,.~Y MAIIV Y,~ JANCE TO THE Tw0>~LEvA~rO~ts nrt .,~~~A.Gr.~coUNTYBUrLDnvGnv ~.n~ AMOUNT QF $ 270.00 FER MOl~'!n Tom Solawet~, Assistant Supervisor Building and Grounds AC, i~.,,N: Consider approval. SENT BY:EAGLE COUNTY ;10- 8-92 ; 16:10 3033287207-~ 3034792157;# 3/ 5 . 1tFSOI.U'l'ION C4Na.~+~iNIIYG a rxx, ASSIGNMEN'T' QF ANY COUNTY HELD TAX LINE UPON PAYMEIIT'!' OF CURRENT R»EIVIPTION PLUS inr. ASSIGNME~tT rte: Mary Jv Bernnabv, Assistant Cwnty Attvmey Sherry Brandon, County T>~stt> per A~, r,ON: Consider approval. 10. ZdvD RESOLu YY~,N CON*..r,x11TING COUNTY'S REDEMPTION OF CERTIFYCATES dF PUIICIIAS~ RFSULTIlrTG FROM E1ltRONDOUS SALES OF TAX Lffi~IS, AND AL Y~~ORIZING Yn~, EAGLE COUNTY TREASURER TO PAY INTEREST CIN SAID REDEMPT'TONS ~'RO1VX T.~E u~ ~.~.,~AL FUND , Maly Jo B:....~.~.to, Assistant County Attorney Sherry Brandon, County Treasurer ACTION: Consider approval. 11. RESOLUTION CON.,i+.nNING? l[NVESTIVY~ ~ r POLICY 1Vlary 7v l3crca, Assistant County Attorney Sherry Brendan, County 'I~asurer Ar.'YrUN: Consider arY...~~val. 01:45 ~ 02:00 A. RESOLUTION AP.PRQVING LAW ENFORCEMENT cvuxirROO~ ASSISTANCE FUND (L,EAF) CONTRACT IrOG-93 ' Ken Wilson, Captain for Sheriff's Office ACTION: Consider rel. B. AMF.NDMEIVVT TO ,a~~IVISION IMPROVEIVIENTS 1+1DR OLD ORCHARD PLAZA SUBDIVISION FOR A THIRTY DAY E~~ya,?+TSION Phiil SrTott, Engineer Ak."~,.UN: COriS1de1' ay~.,.~val. ~ j C. FINAL St~i'ii#.E11~1T VUiYn GMCO CORPORATION ~~u~,l~ MAGNESIUM rri~.ORIDE ~ir?i+.ATl1~~+('a Brad Higgins, District Coordinator ACTION: Consider approval. ~ tlZ:QO - p2:30 w~,Ci, ~ r, SESSION -REGARDING NEGOTTATItJN$ err ofv~ ~ror~ aieoss x~at Tames R. F{itz8, County Manager' 'f1i$ I'j~XT M~~. u~ir VI'TIII3 AAGLB COL~~a a CUA'JMGSSION~S WII,L B8 HELD ON Q~.~ubnd 20, 1992. THIS Aurn,~~ylA L5 P~1lD~ auzsu 1?4~ IIJIi(3Tt~AATIONAL PURP05B5 ONLY - Al.(, TIM$S ARE APPRO~uIATB. THE BOARD WHILB IN 5SS5ION II~[AY CONSiDBFt (JfHB& n'EM~ THAT ARE BROUatrr i:u~; „s:~B n'. ~ PAGE ~ SENT BY~EAGLE COUNTY ;10- 8-92 ; 16 11 3033287207y 3034792157;# 4/ 5 ,ter ' t.At;LC Ct~LINTY filill f~l?iii ~`r 5 = I I3ti0An1VAV' .~'I~.ES S ICE ~,~ASE ~ Eilt;li. u~l t3R~1~t'1.t I t~3 I FAX: (3A3) 3?S• EAGLE COUNTY, COLt1RAD0 PRESS RELEASE Contact: ~'rran+oes Barel$ Office 1Vlnnager 303 3258605 BOR IMMEDIATE RELEASE RE: EAGLE BOARD OF COUNTY ~COM111IISSIOIVERS TO lYir,~T Y.iV' EL JEBEL The Eagle Board of Commissivn,yrs will be holding an open meeting on: Tuesday, October 20, 1992 El Jebei Community Center, 225 El Jebel Road 7:00 to 9:00 p.m. 'This wiit be the Last meeting at which you wi11 see al[. three current board. mc~nbers. Commissioner Richard Gustafson from District ]and Commissioner Donald Wclch from District 2 are riot running for re-election. They will leave ofFice December 29. Ail county residents are welcome to stop gnd say byc oar to give input on any issues or coacerns that they may have, ` i ~ ~ Q.:w,;,:. ?,1992 f ' ~ i t ~ SENT BY:EAGLE COUNTY ;10- 8-92 16:11 ; 3033287207-~ 3034792157;# 5/ 5 EAGLE CUUNIY BUfU]ING • 551 BROADWAY aFFlCF Of TFIE ^ ~ ~ ~ P.O. BOX 850 COUNTY MANAC~R ' EAt;LE, CplINiAL~O 8168 I (303) 328.8&05 ~ EAX: (303) 328-7207 y, EAGLE CO~lNTY,• COL~IRADO 1~~r.Y~IORANDUM TO: All media and interested parties FROM: James R. Fritze, County Manager DA~`E: October S, 1992 RE: CONIlVIISSIONERS SCHEDULED TO A ¦ ¦ ~ SPECIAL MEETING r The Eagle County Board of Commi~sianers will attend a work session with the County planning staff on Friday, October lb at 9:00 atm. Should you have any questions please call Frances Barela, Office Manager at 328- 86n5. Thank you! JR~r~, • .P _ - ~ Hal DolyThusday, OcrN~er~9: t992~ Page.9q`I lnlon Will real':igning Interstate 70 in Vail work? Thanks to those people who have a living). [ence and should be treated accord- world. shown their support for the Inter- Much of the aesthetic success of ingly. Visitors to Vail come to get The styles that we collectively state 70 project I completed look- the I-70/Vail Pass route can be at- away from megastructures of con- refer to as "Victorian" are not til- ing to provide alternative concep- tributed to the design work and Jack Crete and steel, not to be sur- ways conducive to our climatic ex- ttral solutions to a growing list of road alignment completed by rounded by them! Cremes, rwr is the gridded patterns problems, issues and needs that Taliesin West, a consortium of Varga Some will argue that I have ig- of their street conducive [o the ter- threaten our high standard of living. Frank Lloyd Wright disciples, who noted the aesthetic needs of inter- rain of the mountains. Contrary W whar Y°u maY completed the project in a manner state travelers. Wha[ would you This is not meant to discount the heard, the project was not focused that would have made him proud. consider the most spectacular views romantic inclination we have to upon burying Interstate 70, but Since its completion, highway much tribulation, safety hazards you would encounter if you were that particular era, but to emphasize merely evolved that way as a logi- traffic and visitors to Vail have in- and unsightliness. travelling on I-70? the need to be sensitive to the cal solution to solve a number of creased exponentially. Cturent The narrow nature of the valley Would it be the red sandstone elements that have made Vail suc- items on the list which include: year-round population estimates for results in limited opportunities for cliffs and waterfalls in East Vail, cessful to date. 1. Increasing traffic volume and the upper Eagle Valley are around recreation and development within and the spectacular homes Ihaz line For just as the Aspens and Te!- pedestrian conflicts; 2. Lack of 11,000 people. Winter seasonal es- the town boundaries. the valley edges as you o,,Y.~ach lurides have become successful, pedestrian linkages; 3. Treatment of timates are two to three times this Many planning studies have the golf course, or the four-way historical resort communities, so the valley's natural edges; 4. Avail- figure. shown that pedestrian overpasses sto , on and off ram p ps, gas stations, too can Vail in another seventy able land f~ development; 5. Con- Tn addition, there are tip- do not get used enough to warrant maintenance facilities and parking years if we do it right today. - gestion at the four way stop; 6. The proximately 25,000 guest pillows their costs unless they cross more structures? My plan will make land avail- _ need for additional parking; 7. within the town limits and on any than 81anes of traffic. Yes, interstate travelers deserve a able for selective development and More community parks and open given weekend, front-range skiers The reason is simple. In the time glimpse at this spectacular corn- perhaps even alleviate the existing space; 8. Amore efficient and can account for nearly half the lift and effort it takes to ascend one munity, but at whose expense? If a housing shortage while creating suitable municipal complex; 9. Ai- tickets sold. Not bad for acorn- side, ar an 8 percent maximum view of the village is important, and preserving needed open space. temative winter recreation in the munity established to accommodate grade to accommodate the disabled, simply exiting and following the Development can help alleviate the village. a few thousand people! one could have crossed the inter- frontage road non-stop through conswction costs as can incor- On Dec. I5, Vail Mountain will Originally, the intention of Vail state twice by simply walking town is a viable option in my plan. posting all municipal services into celebrate its 30th birthday. Not un- was to accommodate the across oncoming traffic. The The highway could funkier be one site and making land once oc- til 1996 will the Town of Vail pedestrian. Now there is talk of footpath beneath the overpass is designed with open stretches to copied in the village available. celebrate its thirtieth. Only since widening the highway by one lane evidence to this. sneak a peak at the positive areas It would also allow for the 1980 have four lanes of traffic been in each dtrection. What are the im- Furthermore, pedestrian facilities while still screening the negative development of a convention operational from Denver through plications of another ten years? will not get used unless they are ones.' facility without having to cover up Vail, (however, Uris would not be To think that Vail will stop grow- placed where a problem occurs, Architecture can help transcend another section of stream. had it not been for the people of ing is a ridiculous assumption. It is ('I"unber RidgeJCascade Village, the majestic sense of a region like For many, I'm sure, the Y.~v,..,al Colorado, who organized a only the unsuccessful communities Matterhom/Safeway), and barriers no other human achievement. You seems ,...,Y.,.,terous. I believe it is a grassroots campaign and through in which too much growth is a non- will not deter a determined may have heard visitors refer to logical solution to many of our legislative action required the reality. We have become by any pedestrian as history has proven Vail's cultural theme as "Disney- ailments and warrants more Department of Highways to inves- standard almost too successful. time and again. like" or as a "plastic European research, that is all. ' tiga[e possible tunnel sites under- Other aesthetic ,,,,,,,,.,,mities ig- copy". I disagree! Whether or not you like the idea, neadt the continental divide). The I.-70 right-of-way through pored during I-70 constnrction are What has transpired in our short it cannot be denied, there are ad- ' Vail is as wide as 450 feet in certain the cuts on the north slope adjacent history is the opportunity to select vantages to iL Is it worth throwing The I-70 Red Buffalo- Vail Pass areas. The presence of the interstate to the main exit At them present from the most successful design away at this point? I think not! route selection was a separate issue corridor physically dividing the slope and aspect it is extremely elements around the world and to People will disagree on whether which, according to state community in half facilitates the difficult to reclaim them. The vir- interact them into a style unique the quality of living in Vail is being documents, was an environmental need to use a vehicle to get to the Coal dissappearence of Middle and only to us. ~ threatened. Either way the question decision, not one based on core areas and suppresses the desire Spraddle Creeks is another issue. remains. Could Vail be better! ' economics. to walk. They are cuiverted the majority of This is what separates us from Questions and comments can be Ceti on the old road bed of U.S. It is easy to understand why thew run through town. communities like Aspen and Tel- sent to: ' highway 6, a project that Charlie vehicular congestion, pedestrian luride. Theirs is comprised of an P.O. Box 902 Vari ongrnally orchestrated. ('iltere. circulation and the conflicts that of- I believe our rurtural resources architecture designed and es- Vail, CO 81558 lack Uarga rs a ' ~ a certain uDnY mat we are named ten arise between the two are in- should be accentuated, not hidden. tablished for communities far from recent graduate of the Colorado slier a man who built highways for creasingly becoming the cause for 'T'hey are the reason for our exis- the mountainous regions of the Stare University. '~i., . ~ - X~(: ~ n ~'P"' • i v rri f v r ~ . Q e de o eto om is p p concern at local cable co. have to pass that charge on to the customer." By Krlstln Notth McIinzie said the bill also requires the cable com- Oaily Staft Writer pany to put new cable equipment in all homes, Congress voted Monday to override ]'resident ~ whether they need it or not. He said this is another Bush's veto of a bill regulating the cable television cost that will be passed on to the customers. industry, giving local cable companies cause to be McKinzie said members of Congress who voted w concerned. sustain Bush's veto of the cable bill support the idea TCI Cablevision of the Rockies General Manager that competition is better for customers than exces- Stan McKinzie said TCI will do its best to comply slue government regulation. with the new law,. but hopes the courts will substan- But, consumer groups that support the bill say it Bally modify the portions of the law that have the was prompted by customer complaints about rising worst impact on cable customers. cable rates and poor service. McKinzie said there are two parts of the bill that ~ Under the cable bill, the Federal Communications will have a negative impact on cable customers. Commission (FCC) will have new power to set The measure known as "retransmission consent" "reasonable" standards for basic cable service and requires cable companies to pay for the right to also establish guidelines for customer service. retransmit broadcast programs the companies cur- The margins in both the House and Senate were rently receive free, well over the two-thirds majority needed to override "Why should cable subscribers have to pay extra the president's veto. The Senate vote was 74-25, and for broadcast services that everyone else receives for the House vote was 308-114. free?" McKinzie asked. "But if ABC, NBC and CBS Bush had been sustained on all 35 previous vetoes, start charging us for retransmission, the company will including three in the past week. Town Talk l ~ KEMPER secuRiries . ~ Tax-~~empt ~~c~w~®®~r ^ ~ - ~ixec~l KEMPER SECURITIES, INC. T__ ~O~e 77 West Wacker Drive " ' ~ ~ ~l Chicago, IL 60601-1994 Researelz ' Special Municipal Report September 23, 1992 t ~tt~ BRUCE AMENDMENT INCOLORADO MORE QUES I IONS I tIAN ANSWERS The ballot question is simple and compelling "Shall there be an amendment to restrict property, income and other taxes.... to limit the rate of increase in state and local government spending...? " Who of us doesn't want lower taxes? Less government spending? Less debt? It's an intriguing ballot question, but when you look at the amendment itself, it's not quite so simple, and even less compelling. On November 3, 1992, Colorado voters will be asked to vote on "Amendment 1" to the State Constitution. In the state, it is better known as the "Bruce Amendment" or the "Taxpayer's Bill of Rights". What follows aze several of the most-asked questions about this measure. How did this Amendment come about? As does such initiatives in other states, the Amendment is the result of taxpayers' perceptions that governments aze growing too rapidly, that they aze spending too much money, and that they are not accountable to the taxpayer. This current initiative appeared in other forms in Colorado in 1988 and in 1990; both times it was defeated by increasingly narrow mazgins. In 1992, however, this proposed amendment limits BOTH revenues and expenditures. Just what is the Bruce Amendment? If approved by a majority of Colorado voters, the Amendment limits revenues and expenditures of state and local governments to certain index formulas, and limits the creation of multiple-yeaz debt. It also provides for voting procedures if voters wish to ovemde any of the restrictions. It should be noted that other well-known limitation efforts Proposition 13 in California, Proposition 2 1/2 in Massachusetts, and Measure 5 in Oregon placed limits only on real property taxes. • Mcmbcrs Ncw York Stock Exchange and other principal exchanges Mcmbcr of The Sccuritics and Futures Authority What are the limits for spending? • State government spending is limited to "inflation" (defined as the percentage of the Consumer Price Index for Denver-Boulder, all items, all urban consumers) plus local growth for the state (defined as the percentage change in population in the prior calendar year, per US Census estimates). For a school district, the spending limit is last year's inflation plus the percentage change in student enrollment. For all other local government units, the spending limit is last year's inflation plus the net percentage change in the actual value of all real property in the district. How are revenues limited? Districts must have advance voter approval for a number of tax changes including any new tax, any tax rate increase, and any mill levy above that for the prior yeaz. This definition makes no exception for mill levy increases required by increasing debt service. Property tax revenue is also limited to the prior year's inflation plus local growth, net of voter-approved adjustments. In the Amendment, there are requirements for rebating revenues collected above the limit. If a ski town such as Vail collects more sales tax than the revenue limit, how will Vail rebate the tax to the people who paid it? What happens if the Bruce Amendment is approved? In a word, uncertainty. Government officials, lawyers, accountants and other experts have been trying to interpret the language and implications of this Amendment. Portions of it are quite clear; other parts azen't. There is general agreement, however, that governments will hesitate to act on virtually any revenue and expenditure measure until the courts have clazified the meaning of portions, or all, of the Amendment. Here aze some possible short-term effects • Litigation, clarification and appeal • Budgets for 1993 will be set at 1992 levels until some legal direction is set • Municipal officials will devise (are devising) innumerable "what if" scenarios, dependent on the outcome of litigation • Issuance of municipal bonds will slow mazkedly • Credit impairment, if any, may not be immediately appazent. Longer term effects are highly dependent on the outcome of litigation. If the ~ courts rule` narrowly on the Amendment's language, here aze some possibilities • Government units may be severely hampered in their ability to raise taxes and revenues. Would this cause governments to move to a user-fee oriented system to avoid taxation? (Remember, user fees are generally not deductible for federal individual income tax purposes; taxes aze. Result? Higher after tax costs of local government to the consumer.) • If a sewage treatment plant no longer functions, and the voters reject a bond issue to build a new one, what happens? Where does the untreated effluent go? What sanctions, if any, can the state and/or federal government impose? Against whom? The questions here aze infinite, and many answers aze unsettling to bondholders and municipal officials alike. • • How will the Amendment affect the issuance of NEW debt? Because of the requirements for debt issuance, it is likely that communities will not issue debt until the courts have ruled. Here is the language about debt in the Amendment: "Except for refinancing district bonded debt at a lower interest rate or adding new employees to existing district pension plans, creation of any multiple-fiscal yeaz direct or indirect district or other financial obligation whatsoever without adequate present cash reserves pledged irrevocably and held for payments in all future yeazs. " From this language, it appeazs that all debt will need voter approval, except for "high to low" refundings. The meaning of "cash reserves" needs to be clarified, since it may conflict with federal azbitrage rebate requirements. Debt secured by revenue streams may be issued, but only if the issue fits the definition of "enterprise" in the Amendment. See below. How will PREVIOUSLY ISSUED municipal bonds be affected? If history in other states is a guide, there will be a "flight to quality", and yield levels could rise in anow-uncertain environment. Insured issues, of course, will be lazgely unaffected by this Amendment. Well-secured revenue bonds (such as Platte River Power Authority, Colorado Student Obligation Bond Authority, Colorado Housing and Finance Authority, Colorado Springs Utility Revenue Bonds) appear to be exempt, but even these could become involved with the definition of "enterprise", as discussed below. General obligation bonds with diverse, growing tax bases and increasing populations will likely be unaffected due to their size and staying power. Another positive factor for outstanding general obligation securities is that the contract to repay was created before the Amendment. School district general obligations should show high tolerance because of their dependence on state aid; however, restrictions on the state itself could result in less, not more, flexibility. Those issues that may show the most vulnerability would be "annual appropriation" transactions such as lease revenue bonds or certificates of participation. Governments looking for ways to save money could conceivably repudiate this type of obligation. How likely would this outcome be? Nobody can say with certainty. The continuum of credit quality will probably remain unchanged no groups of credit aze likely to change their relative positions. What may occur is that the entire continuum could shift downwazdly. Aren't revenue bonds exempt from this Amendment? In the Amendment, an "enterprise" is defined as a government-owned business authorized to issue its own revenue ..bonds and receiving under 10 % of annual revenue in grants from all Colorado state and local governments combined. Here again, definitions must be sorted out by the courts. Does an "independent" water department of a city qualify as an enterprise? If it has the ability to issue revenue bonds independently of city council, it probably does. What if the City Council is the governing boazd? Does it still meet the tests? How is the Bruce Amendment different from Proposition 13 in California? • Prop 13 limited the real estate property tax rate to 1 % of assessed value, and limited annual increases to 2% per yeaz. The Bruce amendment limits all revenues and expenditures to index formulas discussed eazlier. Taal-Exempt Fixed Income Research • Prop 13 specifically ensured that moneys would be made available to repay existing voter-approved debt. • The Bruce Amendment is silent on this question. • Proposition 13 was passed in 1978 during a period of relentless economic growth. Because of the progressive nature of California's income tax, the state could afford to take up the slack caused by the decrease in local revenues. The current economic slowdown has hit California with particular force; state and local government revenues have either grown very slowly or declined. This California recession has caused an increase in fiscal strain for numerous California municipal units, including the state itself. Colorado's economy, while currently robust, has been historically cyclical. Because of its small size relative to California, it is more vulnerable to downturn. Also the state of Colorado cannot issue general obligation debt, as does California. What happens if growth does not continue in Colorado? Revenue and expense limits speak only to "growth" and "inflation", and not to deflation, economic maturation, or outright decline. Presumably, if the components of the growth indices were to fall, then government revenues/expenses would also be indexed downward. Stability or decline in population, assessed values, or in school enrollment would harm precisely those segments that are least able to cope with distress. And the state's ability to provide even interim assistance is likely to be compromised. What about special districts in Colorado? Other than the state and school districts, the Amendment makes no distinction between municipal units. The same rules would apply to special districts as to other governmental bodies. A case could be made that special districts would proliferate let's say a group of neighbors want to improve their streets, and the municipal unit (knowing that acommunity-wide bond issue would be defeated) encourages the citizens to form a special district. This example raises a whole host of questions about efficiency, costs, and possible added layers of government. What should I do about my municipal portfolio? Investors should review their objectives, assess their tolerances for risk, and consult with their investment brokers about individual issues.. Each situation each portfolio offers differing challenges as well as possibilities. For some investors, these uncertainties may offer some interesting buying opportunities; for others, it may mean a signal to reduce holdings. In any event, investors should obtain a copy of the entire amendment, study it carefully, and make an informed decision about their portfolio and about their vote on November 3. Richard W. Haber, Denver ' (303) 628-8323 Additional Information Is available upon request. ~ ~ ' . 1 The report herein Is not a complete analysis of every material fact respecting any company, industry or security. The opinions expressed here reflect the judgement of the author at this date and are subject to change without notice. Information has been obtained from sources believed to be reliable but not guaranteed. Kemper Securities, Inc. and/or its officers, directors, employees or members of their families and investment portfolios managed by the firm or Its affiliated companies, may have an interest in the securities and/or options of the issues described in this report, and may purchase, sell, trade or act as a market maker while this report is in circulation. Copyright by Kemper Securities, Inc. Jack B. Wolfe Satin vine President -Public Futattce Kemper Securities, Inc. 828 -17th Strat - Suite 300 (303) 6?$-8335 P.O. Box 54 (800) SZS-3286 Denver, CO 80201-005M1 FAX (303)628-5126 Member New York Stock Exchange and abet principal ez: ,K..,b-„ 'mil/ CITY-COUNTY COMMUNICATIONS & MARKETING ASSOCIATION BOARD OF DIRECTORS September 11, 1992 FRANK BENEST Presldent City of Brea FOR IMMEDIATE RELEASE PRESS RELEASE #119 JACK HOLEMAN City of Rock Hill Presldent-Elect SUSAN WATKINS SUBJECT: 1992 SAWY Awards Presented to Winners City of Colorado Springs Past-President WILLIAM GUERRANT CONTACT: Richard A. Llllqulst, Executive Director City of Charlotte Past-President Lawrence J. McGlynn, Assistant to Director ROSEMARY HERPEL (202) 488-71 OO City of Shaker Heights Vlce Presldent NADIA COOPER- WASHINGTON, DC--The City-County Communications and Market- WIGGINS County of Los Angeles VlcePresldent ing Association (3CMA) presented their Third Annual Savvy Awards to 15 DAVE LOCK City of Loveland Treasurer winners for excellence in local government communications and marketing LeANN SMOTHERS City of Rancho Cucamonga programs at its Annual Conference Savvy Awards Luncheon on Sept. 4, at the secretary RICHARD LILLQUIST 3cma Hyatt Regency San Francisco Hotel in Embarcadero Center in San Francisco, Executive Director CHERISE BRANDELL City of Bottle Creek Calif. In addition, 13 "Silver Circle" Runner Up awards were presented. This JoANN BURNS City of Long Beach year's competition was organized and chaired by Carol Spencer, community PEGGY CALLIHAM City of College Station DAVID CARTER relations officer of the city of Mountain View, Calif. Wake County LAURIE COTTRELL The Savvy Awards recognize the hard work, creative talents and imagi- City of Pasadena NORM CRAVENS City ofinglewood nation of members and non-members in developing communications and CYNDRA CROSS City of Wichita KAREN FARNEV marketing programs for their jurisdiction. The 1992 competition drew 120 City of Oklahoma City NURIA GRANT Prince Georges County video and print entries from cities and counties across the United States in the EVELYN GUTIERREZ County of Los Angeles MIKE HAVILAND following categories: 1) Economic Development Marketing Campaigns; 2) City of Santa Clarita MARK HUGHES Government Services/Community Affairs Marketing Campaigns• 3) Special City of Phoenix i BILL MASCENIK CCANInnovationGroup Publications; 4) Community/Special Interest Newsletters; and 5) Customer JOHN PANNULLO Associated Builders & Contractors Service Programs. The competition also distinguishes between jurisdictions JIM REESE City of Newark JILLREMINGTON based on populations of more than and less than 50,000 people. City of Salt Lake DELORIS ROACH City of Fairtield (more) 409 Third Street, S. W. Suite 206 Washington, D.C. 20024 Tel. (202) 488-7100 Fax (202) 488-7665 3CMA Sawy Award Winners Page 2 The coveted etched glass Savvy trophies and gold medals in the more than 50,000 population section were awarded to the city of Charlotte, N.C. for its video entry titled, "The Charlotte Crime Lab: Tracking the Criminal Trail" produced by the Charlotte Public Service and Information Department. The Economic Development Marketing Campaign winner went to the "Return to Paradise" direct mail campaign submitted by the city of Moreno Valley, Calif. The Community Affairs/Government Services Marketing Campaign resulted in a tie between the county of Salt Lake, Utah`s entry, "Salt Lake Valley Drug Abuse Prevention Coalition: Reclaiming Our Community" and the city of Visalia, Calif.'s multi-media entry titled, "Precycling." Another tie resulted between "The Region's Center" of the city of Day- ton, Ohio and "The Pride of Fremont, California: Kristi Yamaguchi" from the city of Fre- mont, Calif., in the Special Publications category. The city of Long Beach, Calif., won the Community/Special Interest Newsletter category for its entry by Vogel Communications of Los Angeles. The newsletter is titled, "City of Long Beach Business/Development Community Newsletter." The Customer Service Program category winner was the city of Santa Monica, Calif., for its entry "integrated Waste Management Program." In the less than 50,000 category, the city of Brea, Calif., won the video category for the "Brea Day Worker Job Center" entry. The Economic Development Marketing Campaign category winner was "Vail Valley Summer" from the town of Vail, Colo. The Community Affairs/Government Services Marketing Campaign category resulted in a tie between the city of Brea, Calif., for its "Future Brea...Shaping the Vision" entry and the city of Newark, Calif., for its entry titled, "Newarks of the World." The "West Hollywood Magazine" entry by'vogel Communications of Los Angeles for the city of West Hollywood, Calif., won the Special Publications category. The city of St. Louis Park, Minn., won two Savvy Awards for the Community/Special Interest Newsletter and Customer Service Program categories. Their winning entries are entitled "Park Perspective" and "1991-1992 St. Louis Park Calendar." (more) _ M 3CMA Savvy Award Winners Page 3 Thirteen runners-up also were recognized for their outstanding entries in the 1992 " Savvy awards competition. These jurisdictions were awarded silver medals and became ~-z'= members of 3CMA's "Silver Circle",anew and distinguished category of recognition created by 3CMA's Awards Committee. The first-ever 3CMA "Silver Circle" Awards were presented to: the city of Battle Creek, Mich., for their video entry, "Street Hawks;" the "Claremont City Letter" of the city of Claremont, Calif.; the city of Estes Park, Colo.'s special publica- tion, "Estes Park Conference Center;" the customer service program of the city of La Mesa, Calif., "La Mesa Survive;" the video, "Loveland: A Work of Art" from the city of Loveland, Colo.; the city of Milwaukee, Wisc., for its economic development marketing campaign, "Milwaukee, We'll Give You the World;" the "Guide to Government" customer service pro= gram from the city of Needles, Calif.; the special publication entry from the city of Okla- homa City, Okla., "The State of the City" Report; the "Imagine" advertising series from the city of Rancho Cucamonga, Calif.; the "Riverside Neighborhood" newsletter of the city of Riverside, Calif.; the city of Rock Hill, S.C. for its economic development marketing cam- paign, "A.C.C. Tournament;" the customer service program entry titled, "INFO/Calif." submit- ted on behalf of the counties of Sacramento and San Diego, Calif. by North Communica- tions Group of Santa Monica, Calif.; and the community affairs/government service entry of Montgomery County, Ohio, entitled, "Curby the Cardinal." 3CMA proudly honors all winners of the 1992 Savvy awards competition and recog- r. nizes all entrants in the competition. Every entry was displayed throughout the Fourth Annual Conference in San Francisco. An awards booklet describing each entry by category and population size is available to all 3CMA members and competition entrants. Non- members and other interested parties may purchase the 1992 3CMA Savvy Awards booklet for $50 per copy. To obtain more information about the Savvy competition or to order Savvy awards booklets, please call Dick Lillquist or Larry McGlynn at the 3CMA office in Washington, D.C., at (202) 488-7100. x c ~ C~us~c.Q. _ ~E~~IVE~ ~ ~ v ~ . 492 - ~ Vim' _o~T~V {I /~(l ~YY~TTLJJJ\\\~ VY1,~.t.U~ ~ EAGLE COUNTY BUILDING 551 BROADWAY OFFICE OF THE P.O. BOX 850 COUNTY MANAGER ' EAGLE. COLORADO 81631 (303) 328.8605 FAX: (303) 328-7207 EAGLE COUNTY, COLORA®O 1~i~~+~IORANDUM TO: Town Managers p FROM: Jack D. Lewis Assistant Count Mana er i Y g DATE: October 9, 1992 _ RE: PROPOSED LANDFILL RATES FOR 1993 To begin building a reserve to meet the costs associated with solid waste the Board is considering a twenty percent (20 increase in rates. Costs including future acquisition, . regulation, and technology to deal with solid waste is ever increasing as is the volume of waste. I am attaching a schedule of the proposed structure for your review. The board would like your input on these proposed rates. Consideration of the resolution placing these rates in effect will take place at the Board meeting on October 20. Thank you for your time and consideration of this matter. JDL/fb Attachment cc: Board of County Commissioners ~ Cum ~ ~ C3, 4 ~ GUS d,2L,v~c~ I'I~~;1t;ht Don Fessler, Road and Bridge Supervisor ~~~-t-~ J• 4 ~ f C~~ 1 ~ iv 'U LANDFILL FEE ANALYSIS CURRENT FEES COUNTY PER TON PER YARD GARFIELD/CARBONDALE $48.00 $12.00 PITKIN $48.00 $12.00 GUNNISON $26.00 $6.50 SUMMIT $17.20 $4.30 ROUTT $17.20 $4.30 GARFIELD/SO. CANYON $16.80 $4.20 GRAND $16.00 $4.00 MESA $14.60 $:i.85 EAGLE $12.75 $3.19 GARFIELD $12.00 $3.00 MOFFAT $4.00 $1.00 PROPOSED FEES PER TON CU E T 20% INCREASE TRASH $12.75 $15.25 UNCOVERED LOAD $5.75 $7.00 MINIMUM CHARGE $3.50 $4.25 CONSTRUCTION TRASH $19.00 $22.75 TREATED DGE $15.00 $18.00 TIRES/SEE TED $3.00 $3.75 TIRES $3.50 $4.25 . - ~'ECE~VEr, i ~'-~.i 992 NORTHWEST COLORADO COUNCIL OF GOVERNMENTS Post Office Box 739 Frisco, Colorado 80443 Phone 303 668-5445 FAX 303 668-5326 MEMORANDUM TO: NWCCOG Board Members - Town & County Managers Community Development Directors FROM: Lane Wyatt, NWCCO ~ i ~ - RE: Wetlands Classifi ations DATE: October 5, 1992 Attached for your information is NWCCOG's final arguments in the recent State of Colorado hearings on classifications and standards for wetlands. The actual hearing took place August 3 - 4 in front of the Water Quality Control Commission. The Commission will deliberate on information presented at that, hearing as well as summation arguments from the multiple parties today (October 5). We will update you as soon as a regulation is adopted. Managers please note: We have sent only one copy of this information to you in hopes that you will pass it on to Community Development Directors or other appropriate staff members. Eagle County: Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail, ' Grand County: Fraser, Granby, Grand Loke, Hot Sulphur Springs, Kremmling, Winter Park, 'Jackson County: Walden, ' Pitkin County: Aspen, Snowmass Village, ' Routt County: Hayden,. Oak Creek, Steamboat Springs, Yampa, ' Summit County: Blue River, Breckenridge, Dillon, Frisco, Montezuma, Silverthorne~= ~ D3R3.A(fA~ , BEFORE THE WATER QUALITY CONTROL COMMISSION STATE OF COLORADO IN THE MATTER OF REVISIONS TO THE BASIC STANDARDS AND METHODOLOGIES FOR SURFACE EATER, 3.1.0 (5 C.C.R. 1002-8) SUi~'II~iATION ARGL`MENT OF NWCCOG BASIC STANDARDS: WETLANDS NWCCOG will use this opportunity to respond to the Division's Revised Rule, dated August 25, 1992, and the rebuttal statement submitted by Colorado Ski Country U.S.A. (CSCUSA), Colorado Springs, Thornton, the Denver Water Department and the Home Builders Association of Metropolitan Denver (the "Joint _ Proposal"}. In addition, NWCCOG has prepared proposed language for .your consideration. Finally, as the areawide water quality management agency for a portion of the State that comprises many ski areas, NWCCOG is concerned about the fears expressed by CSCUSA that somehow the ski areas will all be "out of compliance" and subject to onerous requirements if wetlands are classified. Based on our independent legal and technical analysis of the proposed rule, we do not share the same view. Since CSCUSA did not participate in the workshops convened by the Commission to identify and resolve issues prior to the hearing, however, NWCCOG has not had an opportunity to~fully understand CSCUSA's position. If the Commission thinks that it would be fruitful, NWCCOG would agree to explore opportunities for consensus prior to the adoption of the rule. DISCUSSION , 1. Wetlands Definition NWCCOG believes that the definition of wetlands offered by David Cooper, witness for E.D.F., best describes Colorado wetlands. 2. Tributarv Wetlands There is no basis to define hydrologically connected wetlands separately fram other wetlands. Testimony-from wetlands experts showed that it is difficult to find wetlands not connected to some water body anywhere in the state. The separate definition should be deleted. 3. Constructed Wetlands NWCCOG agrees with all parties that constructed wetlands should be exempt from the operation of the rule. It is IMPERATIVE, i +r nevertheless, that the definition of constructed wetlands be expanded to include any and all wetlands constructed for environmental remediation. The proposed limitation within the definition of constructed wetlands to those wetlands "mandated under CERCLA or RCRA" would exclude experimental wetlands or other wetlands voluntarily constructed for environmental remediation. Even in the context of RCRA and CERCLA, responsible parties may voluntarily agree to construct artificial wetlands not mandated by statute or regulation. similarly, the proposed limitation to wetlands constructed for "wastewater or stormwater treatment purposes" is too narrow. Wetlands constructed to address any form of point source or nonpoint source pollution should be considered constructed wetlands. For example, experimental wetlands have been constructed in Region 12 to control nonpoint source pollution from abandoned mines. Such pollution does not necessarily fit within the definition of wastewater or stormwater. The broader definition of constructed wetlands is also important in water quality-limited segments where point source dischargers may be encouraged to control nonpoint source pollution in order to increase their _ potential wasteload allocation. 4. Wetland Standards NWCCOG agrees in concept that wetlands that are hydrologically connected to a water body should be assigned the same standards of the water body to which they are connected, but only until site specific standards can be developed. The Division has testified that hydrologically connected wetlands have historically been assigned the standards of the hydrologically connected segment, in lieu of leaving wetlands "standardless" and therefore unprotected from the impacts of regulated discharges. There is no reason to abandon that policy now. Nevertheless, NWCCOG agrees with those parties who have argued that the stream standards designed to protect beneficial uses may not always be~.appropriate to protect wetlands values and functions.. Thus, we urge the Commission to assess wetlands as quickly as possible to develop site-specific standards. NWCCOG also agrees that wetlands where no hydrologic connection to a water body exists should be subject to the wetlands narrative standard only. 5. Created Wetlands NWCCOG supports the section of the Division's Revised Proposal whereby created wetlands would initially be subject to the narrative standard only. D383.A(EN) 2 09/23/92 6. Narrative Standard After listening to testimony during the hearing, NS4000G is convinced that the existing narrative standard is completely inappropriate for wetlands. Accordingly, NWCCOG has proposed a rewritten narrative standard, attached, that excludes wetlands from the existing narrative standard and adds a new section specific to wetlands. 7. Wetlands Classification NWCCOG supports the view of all parties who support a wetland- specific classification. However, NWCCOG believes that all wetlands, with the exception of constructed wetlands, can be classified immediately within a generic wetlands classification that includes all potential wetland functions and values. This approach is preferable to an interim classification based upon stream classifications. Once wetlands' functions and values can be assessed on a site-specific basis, a more precise classification may evolve if necessary to protect site-specific functions. We fundamentally disagree with the section of the Joint Proposal that would classify wetlands only for waste assimilation and waste treatment. The wetlands classification must reflect all of the water quality-dependent values and functions of wetlands in the same way that stream classifications reflect all of the water- quality dependent. uses of streams. 8. Wetlands Designation All hydrologically-connected wetlands, with the exception of constructed wetlands, should receive the same designation as tie segment to which they are connected, unless the designation is determined to be inappropriate, on a case-by-case basis. DATED this o~3 day of _~il~^ , 1992. Respectfully submitted: BALLARD SPAHR ANDREWS & INGERSOLL Ba~`bara J. GreenU(No. 15022) Special Counsel for NWCGOG 1225 17th Street, Suite 2300 Denver, Colorado 80202 Telephone: (303) 292-2400 D383.A(EN) 3 09/23/92 Revisions to Basic Standards Proposed by NWCCOG We have included only those sections where NWCCOG has proposed language different from the Division's 8/25/92 Proposal. Language added to the Division's Proposal is bolded and proposed deletions are overstruck. 3.1.5 DEFINITIONS (10) "CONSTRUCTED WETLANDS" means those wetlands intentionally designed, constructed and operated for the primary purpose of wastewater treatment or nonpoint source control, including stormwater treatment or environmental remediation ~,o:d4tad flr ?D^~?'~ sr : ~ if (a) such wetlands are constructed on non-wetland sites, or (b) such wetlands are constructed on . previously existing wetland sites,, and approval or _ authorization under section 404 of the Federal Act has been granted for such construction. This term includes, but is not limited to, constructed swales, ditches, culverts, infiltration devices, catch basins, and sedimentation basins that are part of a wastewater treatment or nonpoint source control s~tcr~ :rot-~-r tr~tna9t system or a system for environmental remediation ~?c-dcted ~:3d°r EL~~-cr =:Ei~. Wetlands created for mitigation of adverse impacts to other wetlands shall not be considered constructed wetlands. Constructed wetlands are not state waters. (24} "STATE WATERS" means any and all surface and subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and ,all water withdrawn for use until use and treatment have been completed. State waters includes waters in wetlands that are not constructed wetlands. } .~..,~IB'.~ "~IEC" ~essc xct'_a::ds th~t _ hl dr31~~o11~` .,c :n~c~ ,~~f-aet:: ~~r~'~:~ ~:ia ~.it~ c..r°aca er g~'c..:d ..ct~ ca~~., :a 1, h::t .Nast ba--s_° s~€-£~c_a:~t ~::'~ent _::d d3aati_.. to 9errzllj rE.'...:3r Fi:i~l:.r (33) (~1) are dominated by hydrophytes, which are plants listed in the II.s. Fish and Wildlife Service, "national Wetlands Inventory List of Plant species that Occur in Wetlands" (Region O and VIZi) (1988) that occur in wetlands. Dominated means that 50~ or greater of the plant cover is provided by hydrophytes; D383.A(EN) 4 09/23/92 - (2) have hydric soils as defined by the U.s. Soil Conservation Service Hvdric Soils of t.hP State of Colorado (1985); (3 ) are inundated or saturated by surface or groundwater water within the root zone of plants for at least 7 to 10 consecutive days during the biological growing season of many years. The biological growing season is that period of the year during which plants are growing. Aetlands in Colorado include marshes, peatlands, wet meadows and riparian shrublands and forests. 3.1.7 PROCESS FOR ASSIGNING STANDARDS AND GRANTING, EXTENDING OR REMOVING TEMPORARY MODIFICATIONS (iv) Wetlands Standards _ (A) For tr}batarj; wetlands hydrologically connected to a segment, ~9 ::Lim:: tLc int~~~~ 3.1.13 ~}-(i~.i) 4rrly; the numerical standards adopted for the segment in question shall ~.1~s apply until site-specific standards are adopted, except for the segment's dissolved oxygen and pH standards. . (B) For wetlands for which the Commission has adopted the "wetlands" classification described in section 3.1.13(1)(e)(iii), the Commission shall a-lse adopt ~.F~- numerical . standards dete~~i::ew .a b~ apgrepri4te in view of the functions and values to be protected for the wetlands in question. (C) For created wetlands or wetlands not hydrologically connected to a segment, only the narrative standards set forth in section 3.1.11(1) shall apply, unless the Commission has adopted the wetlands classification and appropriate numerical standards. x:3.7 :~~3EF: a,. a-..,,..~~: ew 3~3•~.~'4~i :3 ~es::~.t a ~i-te-cYa~ifie :rc~ri~:7. All tribatarl wetlands hydrologically connected to a segment will ~c e~•d tc have the designation of the segment to which they are hydrologically connected. All wetlands not hydrologically connected to a segment will be designated use-protected unless determined D383.A(EN} 5 09/23/92 • _ - otherwise as a result of a site-specific hearing. 3.1.11 BASIC STANDARDS ;APPLICABLE TO SURFACE WATERS OF THE STATE, (1) For activities subject to point source discharge permit regulations or applicable control regulations adopted by the Commission or applicable water quality regulations of other agencies, except where authorized by permits, BMP's or plans of operation approved by the Division or other applicable agencies, state surface waters shall be ~~5~ ~-i°8~i ~i3~`s'~ ;~~~3.~'.:.~~~~° ~:ti~3r..._ 3r3°~ pal :t sabre =-ar ~:anp`-n.t s$u_ca ~cch~_~c i:r c~s:::tc, e.:-..:~-=~ra~-3.x:3 ~r ecrbi. oti~~subject to the following standards: (a) Non-wetland surface waters_ shall be free from _ substances attributable to human-caused goint source or nonpoint source discharge in amountso concentrations or combinations which: . _ • ahic:: can settle to form bottom deposits detrimental to the beneficial uses. Depositions are stream bottom buildup of materials which include but are not limited to anaerobic sludges, mine slurry or tailings, silt, or mud; or • ~5~}c:: form . floating debris, scum, or other surface materials sufficient to harm existing beneficial uses; or • w~ch produce color, odor, or other conditions in such a degree as to create a nuisance or harm existing beneficial uses or impart any undesirable taste to significant edible aquatic species or to the water; or • :~h are harmful to the beneficial uses or toxic to humans, animals, plants, or aquatic life; or • ~icL cause a film on the surface or produce a deposit on shorelines. • s:}:3c~: ; :tcrfc~ e :pith t~:e ~cter :,~a-3~y ~iZ~.z':~C::~.~ €1iA~E•t-3r8 3~-ir~ ~ ~ ~~e 5 mac. ~2 D383.A(EN) 6 09/23/92 (b) Wetlands shall be free from substances attributable to human-caused point source or nonpoint source discharge in amounts concentrations or combinations which are harmful to wetlands. 3.1.13 STATE USE CLASSIFICATIONS s: i~ l~ ~h~ ::a«a`_' : a-sl~::~~.~ ms's-~•at €ert~: it ~ F el :~s}€~-~~ti3 : ~e~~~ i~e~ ~~:-sc; a: ~ 4YrrE-~;~ i~.tz • u=..eriesl ~t.a~::~~~ f:.r s~~ ~~et~a-~•s- ~Y~}'~.'.~µ~•J trEa'1-•a.x~C 1.-.11 ~ .~~.2 ~fl.~.~ 1 :nzcsr---- cam.... ~i~::l:.ries e` the ~br€~~e :fa~•~r s•~~~.:.1 tE - is` l:~e j ~.r~ :~eet ~e~-t~.1 ens-:.e~t~~ a:~ - ~::all-~~ ssh-,' eel to _::ter;w e~•sei° .~~ti~: ~ ~s °8' 1 :'r.'8: s:. a~a~ ~:-:E°•e~~ €8~ these awe-¢r~~.t~d-~•etl~::d~) s::~.ll ':.a e~ .~i3:.~ t : is a~- ~ the s e-e-1-~ s ~ ~ i e~~i•e•~rs-a~-~-e-~e~~•~y~'~. C.. .7:;~,,:: ..::,.j ..re u ~.r.9~L, 1..~~aJa ZStt ~.ti..:~~" ~la:~-f-~aa~~e:: ~-d ~-r~~ i~`~e -rr ~.-'~_-~~e°~Fr.L SL.:::~~1~'~~ h~:e ~.e:: ~~~r1~3 `_a a. r.. 1. i • ' 1, . a ~ a.. r _ ~ ~•~'$~-c cc-zzs c yrn ^c c•• cx a .r r~ki 3 `3'A~' ~s€ t::e :~1t1~::~~. I::te.~ g :r'.:i::~2~~: a;, sl~::~ar~s €ar t~:~s~ :aell~:.~e _ ~e~~ri~e~ i~: s~~l'_s~ - ~.1.~;-3 ;~3 ;ia3 • - f =a) ~":.~tl~nd-.." sl_~~~_°3ea°_ia:::a~l--~~ ~~egt~ .Y ~•~€ie el'_a::~s K-h•sr~ t~:~ Ea-~:i~si~:r eletergi-~~ t::at lY~s i~*~er;:r. ~_~~si°-~~at~.e~s a a , a ~ ~ c a ci iAC~ is ~3 ~'v' ~@---F~6~ ~ v ~ 1::~ aYprsrriale 1_~'~1_ r~yte~t}e- ef---t-~e ;~'~t~.a:~~ €~::~lia::s t?~at :a~~ :~~rr~::t sit~- ~e~ha~~•~ a~..~ha~ye, €la~-€le:i ~lterat,a~-; ~ 8~~~~~i~ :ti :9, S•:d~:~: 8t~eic'• ~elluta :t r~l~: lien, :~atris ~~~a-aG:. s~.i 3 ~.l 3. e 1 ~ f 8 ~-3-i~£~S ~ ~l' ~ ~ a ~ 39 ~~•2•e , c;.-;74~ ~~~reat3as. ~e~a::~~ s~~e ~~t' a::~-€b::eti~:z•~ ~ba :wee, reer~a~a:) , the €u~e~-i~.s to ~-~~e`~ee~e~ restar~d ~r3'_'_ he ~~~~i::~~ ~te~-1~~~ ~~s~s, ~3~~~~ri:~~ ralar~l• wEtla ~h~~aeteai~}i~~ a::3 s•~~r~ll_ '~E~cfi}= D383.A(EN) 7 09/23/92 ~ite~p~.._f:.~ :~etl~::a_ ~'_s~L~t~e:: ~r~ ~el~te~ ~t4~:~a~~ t~ rerl~e~ t~:e e~.~es3~}e.Gti~: ~ ~'~~3~~s-~ea~«wefi ate .S'...~ ~ :3 B c L v~~'~' '~TY:J 1 f2 La E'..\,i ..1'~.J i 4 (ii) A "wetlands" classification may be adopted for specific wetlands by the Commission where the Commission determines that such classification is necessary to protect the wetlands functions of the wetlands in question. Such classification of wetlands shall consider the functions and values of wetlands and shall form the basis for the adoption of site- specific wetlands standards described in section 3.1.7.(1)(b)(iv). Aetlands functions that may warrant site-specific protection are any water quality-dependant physical, biological or chemical functions. The initial _ adoption of site-specific wetlands classification and standards shall not be considered a downgrading. D383.A(EN) 8 09/23/92 JOEL HEFLEY COMMITTEE COLORADO ARMED SERVICES FIFTH DISTRICT _ SMALL BUSINESS INTERIOR AND INSW.AR AFFAIRS ~ottgre~g of tfje ~ttiteD~ ~tateg ~ou~e of ~e~regentatibe~ October 6, 1992 Ms. Margaret A. Osterfoss 75 South Frontage Road Vail, Colorado 81657 Dear Mayor Osterfoss: Thank you for your letter regarding S. 12, the Cable Television Consumer Protection and Competitiveness Act of 1992. This bill is designed to lower cable television rates and improve customer service by requiring the Federal Communications Commission to set a nationwide price for basic cable service. This legislation also allows the FCC to regulate the rates for packages above the basic tier if there is a complaint by a state or local government or other type of franchising authority. I opposed this legislation. While I support encouraging competition within the cable industry, I feel the cost of the increased regulations included in this legislation will be extremely expensive and ultimately land on the cable consumer. As an alternative, I supported a more reasonable approach presented by Congressman Norman Lent (R-NY). This amendment, which was rejected in an earlier vote, would have regulated rates for a basic level of cable service. The substitute would also have made other changes that would have made the rate and program regulation in the bill more realistic. Thank you again for your comments and please let me hear from you again. Sin re , J 1 He ley tuber of Congress JH:lh WASHINGTON OFFICE: COLORADO SPRINGS OFFICE: LITTLETON OFFICE: 222 CANNON HOUSE OFFICE BUILDING lO4 SOUTH CASCADE, SUITE lO5 10394 WEST CHATFIELD AVENUE WASHINGTON, DC 20515 COLORADO SPRINGS, CO 80903 (202) 225-4422 LITTLETON, CO 80127 (719) 520-0055 (303) 933-0044 KC- ~ • ai FOR IMMEDIATE RELEASE: Vail Associates, Inc. October 8, 1992 Post Office Box 7 Vail, Colorado 81658 (303) 476-5601-Vail (303) 949-5750-Bcavcr Crcck~ Rcsort (303)949-2315-FAX Media Contacts:. Pat Peeples (303) 845-5722 Mike Shim-Konis (303) 845-5721 VAIL ASSOCIATES EMERGES FROM CHAPTER 11 VAIL, Colo.--Gillett Holdings, Inc. (GHI) announced today that its joint plan of reorganization has become effective, allowing GHI and all of its subsidiaries, including Vail Associates, Inc. (VAI) to emerge from Chapter 1 1 bankruptcy proceedings. VAI emerges from court protection with its position intact as the nation's premier ski destination and with the strongest financial balance sheet in the company's history. To facilitate the reorganization of GHI, VAI filed for Chapter 11 on May 18, 1992. Andy Daly, president of VAI, said that the company enters the 1992-93 ski season with strong momentum and a renewed commitment to quality, service and its guests. "Our 58.5 million in capital improvements is in final summer construction phases," he said. "Throughout the summer, Vail and Beaver Creek employees have worked diligently to improve skier access to the Back Bowls, Grouse Mountain at Beaver Creek Resort, as well as improve our overall facilities and infrastructure," he said. "We are ahead of schedule on all of the projects and are looking forward to a tremendous ski season at Vail and Beaver Creek Resort." As part of GHI's joint reorganization plan, majority ownership of GHI and its subsidiaries, including VAI, shifted from George Gillett to an affiliate of Apollo Partners, known as Apollo Ski Partners, Ltd. "The principals of Apollo have been extremely supportive of our management team's plan to further enhance and improve Vail and Beaver Creek Resort," Daly said. "Apollo has repeatedly demonstrated their commitment to insuring that Vail and Beaver Creek remain America's favorite ski resorts. We are thrilled to have Apollo aboard," he said. Craig Cogut, partner in Apollo, said that Apollo is likewise pleased to be associated with Vail and Beaver Creek Resort. "We have a tremendous asset here," he said. "Vail and Beaver Creek represent the finest mountain resorts in the world. The natural beauty here is rare and second to none. In working with Vail's management team, we intend to do all we can to make sure that the superb quality of the valley remains intact and if possible, enhanced. We look forward to a long and enjoyable relationship with the entire Vail Valley community." -30- printed on recycled paper 1989 WORLD ALPINE SKI CHAMPIONSHIPS O Regis[cred [radcmarks of Vail Associa[es, Inc. VAIL~BEAVER CREEK f . 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 SCROLL CAROLINE FISHER JIM HOZA DAN STANEK ANNIE FOX DD DETO~ 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: OCTOBER 12, 1992 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF OCTOBER 12 - 16, 1992 STREETS AND ROADS A. 1. Conrad to recharge boiler at bus barn. 2. Paving: a. Bike Path at Ford Park (old snow dump) b. East Vail market c. Raddison d. Westhaven Drive 3. Raise concrete slab and brickwork at Lionsheaci. 4. Install guardrail for Pulis Bridge. 5. Continue culvert installation and backfill operations at Sonnenalp project. 6. Repair stones at lower bench Ford Park Restroom. 7. Install valley pan at East Vail Market. 8. Complete Kent Roses's storm sewer project. 9. Repair and clean ditch at 2436 Chamonix. 10. Pick up dumpster in Denver. 11. Form & pour concrete pad at Sonnenalp. 12. Remove bus shelter on Spruce Drive for replacement. 13. Take Thenkenworth to Denver. 14. Get all winter operation equipment together. 15. Redo the concrete by Ski Museum (old) for drainage. 16. Safety meeting at 12:30 in PW lunchroom on October 14. PARKING STRUCTURE/TRANSPORTATION A. 1. Repair expansion joint on 4th level VTRC. 2. Install (5) 30 minute delivery loading signs on 3rd level VTRC. 3. Remove and replace pavers at various locations at VTRC. 4. Grind down (2) concrete slabs at Covered Bridge. 5. Remove striping (two-way) at Checkpoint Charlie. PUBLIC WORKS PRIORITY LIST Page 2 PARKING STRUCTURE/TRANSPORTATION (CONT.I A. 6. Clean and paint restaurant space at VTRC. 7. Order parking rate signs 8. Chip seal Lionshead Charter Bus Lot. 9. Repair fixture at Vail Police Department jail CARPENTERS A. 1. Construct street name signs. 2. Install totem for Stephens Park path. 3. Repair doors at Lionshead and Slifer fountains. 4. Construct bus shelter on Spruce Drive. 5. Hire contractor to stain exterior of shop complex. ELECTRICIANS A. 1. Perform line locates .as requested. 2. Run conduit for fire detector for storage facility at VTRC. 3. Repair various light outages. 4. Install heat trace at Main Vail Fire Station. 5. Prewire monitoring devices for Bus Dept. at VTRC. 6. Install flag pole lights when delivered. 7. Install smoke detector and lights at Ski Museum Storage. 8. Replace cover and light at Founder's Plaza Park. 11. Install conduit at Sonnenalp Project. 12. Disconnect heat trace at Chapel. 13. Replace lighting in PW Administration Conference Room. 14. Repair Police Department air conditioning unit. PARKS DEPARTMENT A. 1. Complete bulb planting. 2. Complete winterization of irrigation systems. 3. Cover beds at 4-way, VTRC and Lionshead Structure. 4. Schedule removal of dead tree at Library entrance. 5. Begin preliminary plan for Gore Creek Promenade pedestrian bridge removal. 6. Dig trees for replacements. LG/cmp WORK SESSION FOLLOW-UP October 9, 1992 Page 1 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS _ 1991 11119 NEWSPAPER VENDING LARRY E.IANDY/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. Working on wrap-up by November or December, 1992. 1992 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. An evening meeting site visit will be scheduled for November. 08/25 FOLLOW-UP PEG/PAM/LARRY G.: Mr. Shrader has called to find out Additionally, as requested at the 919/92 Speak Up WITH BUCK SHRADER (CDOT)/ whether there has been improvement on the maintenance meeting, Pam will discuss the 55 mph speed limit JAKE BRAKES/SPEED for the west side of the bike pathNail Pass. Although through the Vail Valley, as well as the 35 mph truck LIMITS ON VAIL PASS CDOT has stepped up efforts to clean and maintain, their speed down Vail Pass. Larry G. will follow-up with efforts have not been consistent, and this was the State of Utah. Bob Mosten has responded to weed communicated by Pam. cutting issue. We will send afollow-up thank you letter for his cooperation. 09/08 1041 PLAN LARRY E.: Barbara Green has asked whether the Town Larry E. has spoken to Barbara Green, who feels there (request: Steinberg) of Vail has a 1041 Plan. could be a benefit to the Town. Therefore, Larry E. is collecting additional information and will draft an ordinance. WORK SESSION FOLLOW-UP October 9, 1992 • Page 2 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 09108 INTERNATIONAL LARRY G./KRISTAN: Now that the "real" International Will tentatively try to schedule meeting the third week "FOOT" BRIDGE Bridge is complete, pull out the footbridge. of October with Council, PEC, Cecil DotsonNillage Center, Summers Lodge, adjacent business owners, owners, etc. 09115 SOCCER/ATHLETIC FIELD KEN/LARRY G./MIKE ROSE: Review current winter contr I VA does plow and "man" the gate. However, this is a PARKING/CHALET ROAD and use of this parking lot. Should it be gated and handshake agreement only. Staff will research. Further (request: Lapin) fees charged on weekends? Does an agreement, either discussion with Council on 10/13/92 to clarify direction. verbal or written, exist wNA re: this lot usage? At the same time, review winter parking on Chalet Road. 09/15 PAUL'S FLAG POLE LARRY G./KRISTANIRON: Whatever became of the flag Larry G., Kristan, and Ron will review former pole (request: Lapin) pole that was to be erected outside the VRA offices placement and present recommendation. honoring Paul Johnston? 09/15 LIMITATION OF TERMS LARRY E.: Draft ordinance limiting appointed TOV board Scheduled for work session 11/10192. FOR BOARD APPOINTMENTS to 8 consecutive years. (request: Shearer) 09/15 VVMB/BUSINESS LICENSE LARRY E.: Draft ordinance amending sunset clause of Second reading of Ordinance No. 28, Series of 1992, RENEWAL OF SUNSET CLAUSE business license ordinance -another 4 years? is scheduled for 10/20192. Peggy and Ron will meet with representatives from TOA, VVMB, VA, and BC to . discuss a future ballot request for funding in conjunction with the Performance/Conference Center, as well as future long-term goals and objectives. WORK SESSION FOLLOW-UP October 9, 1992 Page 3 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS _ 09122 SPEAK UP MEETINGS PEGIRONICAROLINE/BRUCE CHAPMAN/PAM: Meet to Will do. discuss some proposed changes to the Speak Up Meetin series, i.e., format, acquisition of debatable topics, presentation to annual condominium association annual meetings, speakers from "like" impacted communities (Carmel-by-the-Sea, etc.) 09/22 Q/Q DUES/ TOM STEINBERG: Meet with Paul Testwuide to discuss UEVW&S NEGOTIATIONS . who should REALLY be paying the Q/0 dues. 10/06 WILDFLOWER SEED TODD O./LARRY G.: Tom has information re: wildflower (request: Steinberg) seed company in Alamosa from which we can either truck at no cost or purchase for a slight amount the straw originally used to shelter the new plants. 10/06 CLEAR CUTTING SITE VISITS RON/PAM: Work with the Forest Service to schedule (request: Gibson) future visits of clear cut sites. 10/06 LIONSHEAD CHRISTMAS LIGHTS LARRY G: Explore possibilities of adding more (request: Levine, on behalf Christmas lighting to the west end of the LHTRC of the LionsHead Merchants adjacent to the Frontage Road, and elsewhere. Assn.)