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.
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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.
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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.
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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.
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C:WGENDA.WSE
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Robert and Jane Borne ` OLJ -
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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
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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
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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.
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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.
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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)
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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.
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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
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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
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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.
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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
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Page 1
' ,
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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
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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
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~t not zo sue. a msne+nt C:O u~~:a~h ~x a . ~ : j~~s~st~ff~had
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- ~b n this ~ 5~.. ~
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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
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z ~ z ~ ~ ~ ~ z z DEPARTMENT
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PROPOSED
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AND RELATED ISSUES
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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.
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for your next municipal bond financing
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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
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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
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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.
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Building B
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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
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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.
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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
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~ 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 • ~ • ~
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¦ 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
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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
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Transportation Wholty owned and operated in Colorado
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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
~
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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, .
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~•~'$~-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.)