HomeMy WebLinkAbout1992-11-10 Support Documentation Town Council Work Session VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, NOVEMBER 10, 1992
' ' V COUNCIL CHAMBERS
AGENDA
1. Local Licensing Authority Candidate Interviews.
2. PEC Report.
3. DRB Report. '
4. Review of Draft TOVNai! Architects Collaborative Agreement Re: Performance and
Conference Centel.
5. Discussion Re: Draft Ordinance No. 30, Series of 1992, an Ordinance Amending Title 2
of the Municipal Code of the Town of Vail by the Addition of Chapter 2.36 -Limitation of
Terms, to Provide for the Limitation of Terms for all Members of Permanent Town of Vail
Boards and Commissions.
6. Review of Analysis on Wood Burning and Air Quality in Vail.
7. Information Update. .
8. Council Reports.
9. Other.
10. Executive Session: Legal Matters.
11. Adjournment.
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THERE WILL BE A SPECIAL VAIL TOWN COUNCIL WORK SESSION
ON MONDAY, 11116/92. BEGINNING TIME TO BE DETERMINED.
IT WILL BE AN EXECUTIVE SESSION RE: LAND NEGOTIATIONS.
THE NEXT VAIL TOWN COUNCIL WORK SESSION
WILL BE ON TUESDAY, 11/17/92, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
IT WILL BE AN EXECUTIVE SESSION RE: PERSONNEL MATTERS.
THE NEXT VAIL TOWN COUNCIL EVENING MEETING
WILL BE ON TUESDAY, 11/17/92, BEGINNING AT 6:00 P.M. IN TOV COUNCIL CHAMBERS.
AGENDA: POLICE DEPARTMENT EXPANSION REVIEW.
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C:WGENDA.WS
VAIL TOWN COUNCIL
WORK SESSION,
TUESDAY, NOVEMBER 10, 1992
1:00 P.M. IN TOV COUNCIL CHAMBERS
EXPANDED AGENDA
1:00 P.M. 1. Local Licensing Authority Candidate Interviews.
Martha Raecker
Action Reauested of Council: Interview Donna Meyer and any
other candidates to complete Steve Simonett's term on the
licensing authority. That term will expire June, 1993.
Backaround Rationale: Ms. Meyer's letter of application is
enclosed. Applications are being accepted until Monday, 11!9192.
5:00 P.M. Appointment of the new member is scheduled for the
November 17, 1992, evening meeting.
1:15 P.M. 2. PEC Report.
1:25 P.M. 3. DRB Report.
1:30 P.M. 4. Review draft TOVNaiI Architects Collaborative Agreement.
Larry Eskwith
Action Reauested of Council: Approve/deny/modify this draft
agreement.
Backaround Rationale: The Town wish to hire the professional
services of the Consultant to provide certain architectural and
engineering services for the partial schematic design phases of the
Vail Valley Performance and Conference Center in order to
determine feasibility, cost, and public support.
Staff Recommendation: Approve the agreement.
1:45 P.M. 5. Discussion re: Draft Ordinance No. 30, Series of 1992, an ordinance
Larry Eskwith amending Title 2 of the Municipal Code of the Town of Vail by the
addition of Chapter 2.36 -Limitation of Terms, to provide for the
limitation of terms for all members of permanent Town of Vail
boards and commissions.
Action Reauested of Council: Review and comment on draft
Ordinance No. 30, Series of 1992.
Backaround Rationale: The ordinance would limit terms of
members of TOV permanent boards and commissions.
2:00 P.M. 6. Review of analysis on wood burning and air quality in Vail.
Russell Forrest
Susan Scanlan Action Reauested of Council: Review analysis on woad burning
and air quality in Vail. Approve/deny/modify recommendations.
Backaround Rationale: As requested by Town Council, staff has
1
analyzed Eagle County Assessor files to determine the number of
wood burning, fireplaces, and stoves. In addition, staff has
analyzed historical trends in air quality to determine the relationship
between major sources of PM10 and air quality.
Staff Recommendation: Approve air quality recommendations.
2:30 P.M. 7. Information Update.
8. Council Reports.
9. Other.
10. Executive Session: Legal Matters. (Estimated length: 2 hours.)
11. Adjournment.
• 4444444444444444444444
THERE WILL BE A SPECIAL VAIL TOWN COUNCIL WORK SESSION
ON MONDAY, 11/16/92. BEGINNING TIME TO BE DETERMINED.
IT WILL BE AN EXECUTIVE SESSION RE: LAND NEGOTIATIONS.
THE NEXT VAIL TOWN COUNCIL WORK SESSION
WILL BE ON TUESDAY, 11/17/92, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
IT WILL BE AN EXECUTIVE SESSION RE: PERSONNEL MATTERS.
THE NEXT VAIL TOWN COUNCIL EVENING MEETING
WILL BE ON TUESDAY, 11/17/92, BEGINNING AT 6:00 P.M. IN TOV COUNCIL CHAMBERS.
AGENDA: POLICE DEPARTMENT EXPANSION REVIEW.
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C:VIGENDA.WSE
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Will Vai! be the next
Boulder Mall Crawl?
' ~ y, -
Pub Coalition promotes Village in _z'
college towns as place to spook
By Scott Taylor - _ ~ "We tacked to student iadio ;
. Daily Staff Writer stations and asked them to put out,,
. . those PSA's," Wilson said. "If they . .
Vail's Bridge Street could be come in and they can prove they're -
~~~"'-r- crawling with- Halloween hob- from out of town or students, their.
goblins tonight if a plan to putt first pumpkin shot ~s on the house.
revellers from Colorado college That kind of thing. We're not sure
_ towns pays off. what it'll bring."
The Village Pub Coalition is But Vail Police Sergeant Rick
trying to pass the word that Vail is Onorato said police are not expect-
the place to be this Halloween to ing big crowds. Halloween tends to
students from Boulder, Fort Collins be fairly quiet in Vail.
- and Gunnison. The coalition, made "Traditionally, it's a quiet night,
up of several local bars in the Vail although there are increased reports
Village, has been running a series . of vandalism and intoxication,"_ he
of Tuesday night parties this fall to said. "It's nothing compared to ,
try and boost business. New Year's Eve or the Fourth of
Bar owners could get some help July." ~ ,
from the calendar -the holiday . .That's why the -bars hope to
falls on Saturday this year =and boost it this year, Wilson said. It
the city of Boulder's plans to crack hasn't been [hat great in the past, he
down on revellers there. said. Still, a heavy storm could hurt
Hong Kong Cafe ,Manager their efforts this year. -
:Davey Wilson said radio.stations at `
. the University of Colorado in "If there's a big storm, we could .
;Boulder, Colorado State University be in trouble," he said. "Still,
in Fort Collins and Western State in . ,people planning to go someplace
Gunnison .have been airing public else could decide to stay here if .
_ - service announcements touting Vail . there's a big storm. We don't know
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g g g : what s going to happen. We re no[ ~ ~ - .
and drink specials.. _ ~ looking to destroy Vail" _
PLANNING AND ENVIRONMENTAL COMMISSION
NOVEMBER 9, 1992
AGENDA
12:15 P.M. Site Visits
- 2:00 P.M. Public Hearing
Site Visits: 12:15 P.M.
Cole
Weimann
Swiss Chalet
Public Hearing: 2:00 P.M.
1. A request for a conditional use to allow a bed and breakfast to be conducted at
1450 Buffer Creek Road/Lot 2, Cliffside.
Applicant: David Cole
Planner: Shelly Mello
2. A request for a variance from Section 18.58.32 to allow two satellite dishes that
exceed the number and the height limits to be located at the Sonnenalp/Swiss
Haus/82 E. Meadow Drive/Lot K, Blcck 5E, Vail Village First Filing.
Applicant: Johannes Faessler
Planner: Jim Curnutte
3. A request for a joint work session with the DRB and PEC for an exterior
alteration and setback variance for the Vail Lionshead Center Building located
at Lot 5, Block 1, Vail Lionshead First Filing1520 East Lionshead Circle.
Applicant: -Oscar Tang
Planner: Andy Knudtsen
1'
4. A request for a work session for variances for wall height, site coverage,
landscaping, and driveways and surface parking area in excess of 10% of the
site area (18.69.050 E) to allow the development of three single family
residences located on Lots 7,8, and 9, Block B, Vail Ridge/2662, 2672, 2682
Cortina Lane.
Applicant: Hans Weimann
Planner: Tim Devlin
5. Presentation of air quality analysis and wood burning policy.
Planners: Russ Forrest
Susan Scanlan
6. A request for a variance from Section 18.58.32 to allow two satellite dishes that
exceed the number and the height limits to be located at the Vail Valley Medical
Center/181 E. Meadow Drive/Lots E and F, Block 1, Second Filing.
Applicant: Vail Valley Medical Center
Planner: Jim Curnutte
' TABLED INDEFINITELY
7. A request for a setback variance to allow a residence and a garage to be
constructed in the front setback located at Lot 2, Block 3, Lions Ridge
Subdivision, Filing Number Three/1873 Lions Ridge Loop.
Applicant: Ned Harley
. Planner: Andy Knudtsen
WITHDRAWN
8. A request for a work session with the Planning and Environmental Commission
and to discuss the establishment of a Special Development District, a CCI
exterior alteration, a minor subdivision, a zone change and an amendment to
View Corridor No. 1 for the Golden Peak House, 278 Hanson Ranch Road/Lots
A and B, Block 2, Vail Village First Filing.
Applicant: Golden Peak House Condominium
AssociationNail Associates, IncJGPH Partners,
Ltd./Margaritaville, Inc.
Planner: Mike Mollica
TABLED UNTIL NOV. 23, 1992
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DESIGN REVIEW BOARD AGENDA
NOVEMBER 4, 1992
3:00 P.M.
SITE VISITS
1:00 P.M.
1 Vlaar - 2963 Bellflower.
2 The Antlers - 680 Lionshead Place.
3 The Antlers - 680 Lionshead Place.
4 Camas - 1031 S. Frontage Road.
5 Breeze Ski Rentals - 684 W. Lionshead Circle.
6 Bellezza Ltd. - 450 E. Lionshead Circle.
7 The General Store - 610 W. Lionshead Circle.
8 McCue - 4269 Nugget Lane.
9 Christiania - 356 Hanson Ranch Road.
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AGENDA
1. Christiania - Streetscape and landscape plan. MM
356 Hanson Ranch Road/Lot D, Block 2, Vail Village 1st.
MOTION: SECOND: VOTE:
Withdrawn.
2. McCue - Site modifications. TD
4269 Nugget Lane/Lot 3 & 4, Bighorn Estates, a
resubdivision of Lots 10 & 11.
MOTION: George Lamb SECOND: Bob Borne VOTE: 4-0
Approved.
Recommendation: Landscape between new parking pad and the
property line to the west.
3. Breeze Ski Rentals - New sign. TD
684 W. Lionshead Circle/Lot 8, Block 1, Vail Lionshead
3rd Filing.
MOTION: George Lamb SECOND: Bob Borne VOTE: 4-0
Consent approved.
Condition: New sign located in existing (or modified)
mounting bracket.
4. The Antlers - Sign variance. TD
680 W. Lionshead Circle/Lot 3, Vail Lionshead 3rd Filing.
MOTION: George Lamb SECOND: Bob Borne VOTE: 4-0
Recommend approval to Town Council.
5. The Antlers - Exterior finish. SM
680 W. Lionshead Circle/Lot 3, Vail Lionshead 3rd Filing.
MOTION: SECOND: VOTE:
TABLED TO NOVEI~ER 18TH MEETING.
6. Vlaar Residence - Addition. JC
2963 Bellflower/Lot 7, Block 6, Vail Intermountain.
MOTION: George Lamb SECOND: Bob Borne VOTE: 4-0
Consent approved.
7. Bellezza Ltd. - New sign. TD
450 E. Lionshead Circle/Lot 6, Block 1, Vail Lionshead
1st Filing.
MOTION: Bob Borne SECOND: Greg Amsden VOTE: 4-0
Approved with condition: Bellezza sign only (not side
signs); sign clearance height must be 8'.
8. The General Store - New sign. TD
610 W. Lionshead Circle/Lot 1, Block 1, Vail Lionshead
3rd Filing.
MOTION: George Lamb SECOND: Bob Borne VOTE: 4-0
Consent approved. Clearance height must be 8'.
9. Camas - New sign. TD
1031 S. Frontage Road/Cascade Crossing.
MOTION: George Lamb SECOND: Greg Amsden VOTE: 4-0
Approved with condition that background color be the same
as building: Salmon.
10. Carton's Saloon - Temporary development sign. SM
143 E. Meadow Drive/Lot P, Block 5-D, Vail Village 1st.
Crossroad Mall.
MOTION: SECOND: VOTE:
Consent approved.
MEMBERS PRESENT: MEMBERS ABSENT:
Bob Borne
George Lamb
Ned Gwathmey
Greg Amsden (PEC)
STAFF APPROVALS•
Bader-Melnick Gallery - New glass front door. 141 E. Meadow
Drive/Crossroads Mall.
Langer - Addition of window on west side of building.
4524 East Meadow Drive/Timberfalls, Unit #901.
Lodge at Lionshead Phase III - Replace gate posts and doors.
380 E. Lionshead Circle/Lot 7, Block 1, Vail Village 1st.
Duncan Residence - Add deck with hot tub.
797 Potato Patch Drive/Lot 27, Block 1, Vail Potato Patch.
Loebsack/Dickinson Duplex - New sidewalk and steps, pedestrian
lights. 4229 Nugget Lane/Lot 6, Bighorn Estates.
D°d~
n TOWN OF VAIWAIL ARCHITECTS COLLABORATIVE,
AGREEMENT
DRAFT 11/3/92
THIS AGREEMENT is made and entered into on , 1992 by and between the
Town of Vail, a Colorado municipal corporation ("the Town"), and Vail Architects Collaborative ("the
Consultant").
WITNESSETH
WHEREAS, the Town wishes to hire the professional services of the Consultant to provide certain
architectural and engineering services for the partial schematic design phases of the Vail Valley
Performance and Conference Center in order to determine feasibility, cost, and public support.
NOW, THEREFORE, the parties mutually agree as follows:
1. Project Description
The Consultant shall provide the Town with services for the schematic design for the Vail
Valley Performance and Conference Center.
2. Scope of Services
The Consultant agrees to perform the following services:
A. The Consultant shall review the program furnished by the Town to ascertain the
requirements of the project, and shall arrive at a mutual understanding of such requirements with the Town.
B. The Consultant shall provide a preliminary evaluation of the Town's program, scheduled,
and construction budget requirements each in terms of the oilier.
C. The Consultant shall review with the Town alternative approaches to design and
construction of the project.
D. Based upon the mutually agreed upon program, schedule, and construction budget
requirements, the Consultant shall prepare, for approval by the Town, schematic design documents
consisting of drawings and other documents illustrating the scale and relationship of project components.
E. The Consultant, in collaboration with the Town's construction Consultant, shall submit to
the Town a preliminary estimate of construction costs which will be accurate enough to be presented to
the public at a bond election to obtain funding for the continued development of the project.
F. The Consultant shall provide all appropriate Town reviewing agencies with copies of all
drawings and such other documents as may reasonably be required.
G. The Consultant shall prepare and submit to the Town a written report, in written and/or
graphic form setting forth the following:
1. Analysis of the project as ft relates to applicable codes.
2. Scope of site development.
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H. The Consultant shall be required to discuss the schematic design with the Town and the
Town's team, and make all changes thereto requested by the Town within the general scope of the project
and submit to the Town for its approval all other information which the Town in its judgement may
reasonably require of architect in order to determine whether to proceed with the continued c~evebpment
of the project.
3. Personnel
The Consultant agrees that the principal personnel responsible for the performance of this
project shall be Gordon Pierce and Jack Zehren. The Consultant agrees that no substitute of this
personnel shall be made without the prior approval of the Town. The Consultant represents that its
personnel engaged in this project is fully qualified and properly trained to perform the services related to
this Agreement. The Consultant agrees to utilize the services of Hardy Holzman & Pfieffer for theatre
design services and other architectural engineering support as required.
4. Time of Performance
The services set forth in subparagraphs A and B above shall commence on the date of this
Agreement and shall be completed no later than December 31, 1992.
5. Compensation
Consultant's total fee shall not exceed the amount of frfty thousand dollars which shall
include all services, direct charges, and out of pocket expenses.
6. Payment
An initial payment of twenty five thousand dollars shall be made upon the execution of this
Agreement. The remaining twenty five thousand dollars shall be paid by the Town to the Consultant upon
completion of work. The Town alone shall determine when work has been completed, and progress
payments shall not constitute a waiver of the right of the Town to require the fulfillment of all terms of this
Agreement and the delivery of all services embraced in this Agreement complete and satisfactory to the
Town in all details.
7. Reports, Documents
All documents, drawings, or plans, drawings, or plans shall become the property of the
Town and it is agreed that the Consultant shall not retain any proprietary rights of said reports, documents,
drawings, or plans.
8. independent Contractor
The Consultant is an independent contractor, and nothing contained in this Agreement shall
constitute or designate the Consultant or any of the Consultant's employees as agents or employees of the
Town.
9. Insurance
The Consultant shall obtain and maintain in force for the term of this Agreement the
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followir+.g insurance:
A. Comprehensive general liability (including personal injury) in amount not less than
five hundred thousand dollars ($500,000.00) per individual and not less than one million dollars
($1,000,000.00) per occurrence.
B. Workman's Compensation and employer liability in accordance with the Workman's
Compensation Act of the State of Colorado for employees doing work in Colorado in accordance with this
Agreement.
C. Automobile liability (including owned, non-owned, and hired) in an amount not less
than one million dollars ($1,000,000.00) per individual and not less than one million dollars ($1,000,000.00)
per occurrence.
D. Professional liability insurance with minimum limits of five hundred thousand dollars
($500,000.00) each claim and in the aggregate.
E. The above coverages shall be obtained from companies acceptable to the Town.
Certificates of Insurance evidencing automobile liability coverage shall be furnished to the Town at the time
of the signing of this Agreement. The genera! liability policy shall include the Town as an additional named
insured by policy endorsement.
10. No Waiver
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver
any other provision of this Agreement, not such waiver constitute a continuing waiver unless otherwise
expressly provided, nor shall the waiver of any default of the terms of this Agreement be deemed a waiver
of any subsequent default.
11. Indemnification
The Consultant agrees to indemn'rfy and save the Town, its agents and employees
harmless from and against all claims, demands, liability, damages, suits, actions or causes of action of
every kind and nature, including court costs and reasonable attorney's fees, defending such claim, which
may be brought or asserted against the Town, its agents or employees arising out of the negligent acts,
errors, or omissions of the Consultant in the pertormance of this Agreement.
12. Termination
The pertormance of the work provided for in this Agreement may be terminated at any time
in whole or, from time to time, in part by the Town for its convenience. Any such termination shall be
effected by delivery to the Consultant of a written notice specrfying the date upon which termination
becomes effective. This Agreement may also be terminated by the Consultant in the event of a material
default of any of the terms and conditions of ibis Agreement by the Town, provided the Consultant has first
provided the Town with written notice of the default and the Town shall have failed to cure the specified
default within seven (7) days of receipt of the notice. In the event of termination, the Consultarrt shalt be
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paid on a pro-rata basis satisfactorily completed prior to the date of termination and for expenses prior to
the date of termination.
13. Jurisdiction and Venue
The jurisdiction and venue of any suit or cause of action under this Agreement shall lie in
Eagle Courrty, Colorado.
14. Notice
Any notice provided for in this Agreement shall be deemed given 'rf mailed to the respective
parties at the following addresses:
Town of Vail
75 S. Frontage Rd.
Vail, Cobrado 81657
Vail Architects Collaborative
c/o Pierce, Segerberg & Spaeh Architects, P.C., AIA
1000 S. Frontage Rd. W.
Vail, Colorado 81657
15. Assignment
This Agreement is for expert services of the Consultant that may not be assigned without
the prior written consent of all parties to this Agreement
16. Compliance with Law
The Consultant will not pertorm any of the services provided specified in this Agreement
contrary to any local, state, federal, or county law including pertinent building codes.
17. Severabiiity
Should any section of this Agreement be found to be invalid, all other sections shall remain
in full force and effect as though severable from the part invalidated.
18. Discrimination
The Consultant shall not discriminate against any employer or applicant for employment
because of disability, race, color, age, sex, religion, or national origin.
19. Intention of the Parties
This Agreement contains the entire intention of the parties and may only be changed by
a written document signed by the parties.
20. Additional Services of the Consultant
The parties understand that subsequent to the preparation of schematic drawings for the
project by the Consultant, the Town will attempt to finance the development of the project in part through
a bond issue subject to approval by the voters, and in part by private contributions. Should the Town be
successful in obtaining the financing it deems necessary to continue with the completion of the project, the
Town shall attempt to negotiate a contract with the Consultant for additional services to include the design
development phase, the construction documents phase, the bidding or negotiation phase, and the
4
construction phase -administration of the contract. (Phase ll) The parties agree that the architect's fee
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for Phase 11 shall be a lump sum in the range of 7% of construction costs. The fee for speciality
consultation services including theater, acoustics, food, landscaping, and visual arts shall be billed to the
Town at cost plus a 5°I° fee to the architect for administration. If the Town and the Consultant are unable
to agree upon the terms and conditions of a contract for additional services, including a mutually acceptable
fee for the Consultant's services, the Town shall be free to attempt to negotiate and enter into an
Agreement for said services with an architect or architects other than the Consultant.
21. Execution
The parties have executed this Contract on , 1992.
TOWN OF VAIL, a Colorado municipal corporation
By:
Rondall V. Phillips, Town Manager
VAIL ARCHITECTS COLLABORATIVE
By:
voroon Nierce
C:WRCHCOLL.AGR
5
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ORDINANCE NO. 30 (DRAFT 11/3/92)
SERIES 1992
AN ORDINANCE AMENDING TITLE 2,
OF THE MUNICIPAL CODE OF THE TOWN OF VAIL
BY THE ADDITION OF CHAPTER 2.36 -LIMITATION OF TERMS,
TO PROVIDE FOR THE LIMITATION OF TERMS
FOR ALL MEMBERS OF PERMANENT TOWN OF VAIL BOARDS AND COMMISSIONS.
WHEREAS, Section 2.3 of the Municipal Charter of the Town of Vail provides that Town
Council members shall not serve for more than eight consecutive years; and
WHEREAS, the Town Council believes that such a limitation on Town Council terms of
office has been good and has resulted in the election of new Council members with different
insights and fresh perspectives; and
WHEREAS, the Town Council believes that it would benefit the health, safety, and welfare
of the Town of Vail to provide a similar term limitation for all members of the Town's permanent
Boards and Commissions.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado:
1) Title 2 of the Municipal Code of the Town of Vail is hereby amended by the
addition of Chapter 2.36 -Limitation of Terms, to read as follows:
2.36.010
No member of any permanent Town of Vail Board or Commission shall serve for more
than eight consecutive years.
2.36.020
All current members of the Town's permanent Boards or Commissions on the effective
date of this ordinance shall be entitled to complete their term of office regardless of whether the
completion of such term would exceed eight (8) years.
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 affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
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
1
thereof.
4j The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this day of 1992, and a public hearing shall be held on this
Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Martha S. Raecker, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1992.
Margaret A. Osterfoss, Mayor
ATTEST:
Martha S. Raecker, Town Clerk
C:\ORD92.30
2
MEMORANDUM
TO: Vail Town Council
FROM: Community Development
DATE: November, 10 1992
SUBJECT: Analysis of Wood-burning and Air Quality in the Vail Area
Planner: Russell Forrest
As requested by the Town Council during the presentation of the Environmental Workplan,
the staff has analyzed County Assessor data to determine the number of Wood-burning units
in the Town of Vail. The best available information indicates that there aze 4,612 Wood-
burning units in Vail. In addition, the staff has analyzed historical trends in air quality (total
suspended solids (TSP) and particulate matter under 10 microns (PM10)) to determine the
relationship between wood-burning and air quality. This report will briefly review wood-
burning and air quality trends, analyze relationships using regression analysis, and then
suggest several recommendations for the Council's consideration.
Analysis of Wood-burning and Air Quality in the Vail Area
Draft
I. Purpose
This paper is intended as an overview of wood-burning and air quality in Vail to help
provide guidance on evaluating current air quality policy. This analysis identifies recom-
mended milestones for evaluating alternative policies and management approaches that could
improve monitoring and overall air quality.
II. Fireplaces
To determine the number of fL*eplaces, staff synthesized parcel data collected by the
County Assessor's office to determine the total number of fireplaces and when they were
built. The total number of wood-burning and gas fireplaces units is 3,881 and 301 units
respectively based on County data (Figure 1). The County reports that they are confident
that their estimate is accurate to within 10% of the actual number. The staff believes that
the County records for both wood-burning and gas units before 1990 are probably an under-
estimate of the actual number based on a staff survey of lodges initiated in 1991. The
County's estimate for wood-burning units is also less than a survey conducted in 19$4 that
estimated that there were 5,542 wood-burning units in Vail. This es±irr~a=~. ~•<~~as derived from
510 returned surveys, primarily from single family and other year round. gents. This
survey concluded that 90% of all dwelling unit ~.U.s in 1984) in fir' ai` , ave an average
of 1.04 wood-burning units. There are now app: ~~.~.w :ply 6,498 dw~iling units in Vail
which based on the 1984 survey would give an estimate of 6,082 wood-burning units. The
difference between the County Assessor s office and the extrapolated estimate f~.,.., the 1984
survey is 2,201. The 1984 survey estimate is probably high considering the increasing
number of gas units being built and the County's estimate is low.
The County's estimates for single family, duplexes, and small multifamily residences
are relatively accurate. However, the County estimates for large lodges and condominiums
may be in question after comparing the Assessors estimates with a survey conducted by
Town staff in 1991. To help correct for this discrepancy staff compared the differences in
the Assessor's data and the 1991 survey to determine an adjustment for lodges. This adjust-
ment resulted in an additiona1731 wood-burning units and 279 gas units. With this adjust-
ment the staff's best estimate is 4,612 wood-burning units and 580 gas units in the Town of
Vail.
1
Figure 1 Total Number of Fireplaces Figure 2 Number of F.P./Year
' Tdd Firoplocos Flrapbcas/Yoor
asoo soo
aooo °S0
3500 aoo
3000 Aso
aoo
2500
~ 2000 ~ 250
s ~ 200
1000 150
100
500 ~
0 'p ~,f~p p_
1A O O O~ C~ n n n n n n n n n g m m~~~~ m~ m P O P O A m O~ N g Q W O n m 0 0~ N M~~ O n0 ~ aOD O fV
P VVV O^ P P P^ O O^ P P O O P P P? PP ~ g g g~ n n n n n n n n n n~ aD m T aD pp
O^ O^^^^ O P O 0 0 0^~^^ P 8 S
Y~Or yp,
~ wad Tar ? CuTar I I ~ weod ? 6r
An important point to note is that since 1991 the Building Code Division has only recorded
that two wood-burning fireplaces have been built (Figure 2). Since 1990, 244 dwelling units,
including both lodges and private residences, have voluntarily converted from wood to gas (Figure
3). The Towns current policy on wood-burning has been successful in encouraging conversion to
gas. In fact, the Town of Vail's policy on wood-burning was mentioned in the October issue of
Hearth & Home.
Figure 3: Number of Voluntary Conversions to Gas
~~'4:i
.:y .
0 ~ w
2
III. Air Quality Trends
Historical air quality information was analyzed to determine the relationship of wood-
burning and air quality to help determine if current policy will be effective to ensure clean air.
`,~'oo3-burning emits both particulates and carbon monoxide. Air monitoring has occurred in it
since 1973. From 1980 to 1987 total suspended solids (TSP) was monitored from the Vail Medical
Center and Safeway. Then in December of 1987 the EPA replaced monitoring of TSP with new
National Ambient Air Quality Standards for PM10. At the same time the Colorado Dept. of Health
relocated the sampling site to its present location at the Upper Eagle Valley Water and Sanitation
building. PM10 is the measure of particulate matter under 10 microns of size. Carbon monoxide
(CO) was monitored during the 1987-1988 winter and no exceedances of Federal standards were
found.
While TSP was used as a standard, Vail exceeded the Federal annual geometric mean stan-
dazd of 75 micrograms per cubic meter (ug/m-') and the 24 hour primary standard of 250 ug/m3
(Figure 4). However, since 1988 when the PM10 standard came into use, Vail has not exceeded
either the annual (SOug/m3) or 24 hour Federal standard of 150ug/m3 (Figure 5). This does not
necessarily mean that Vail's air quality has improved. The brown haze has continued to persist
since 1988. The sudden compliance in 1988 may indicate that the 150 ug/m3 PM10 standard is not
an effective visibility standazd for mountain communities that are prone to inversions. It should be
noted that EPA established the PM10 standazd to protect human health not visibility.
The State of Colorado is currently reviewing standards for PM10 and could set a standard for
PM10 that is more stringent than the Federal standard. Without an effective standard for visibility
it will be difficult to detemune how many wood to gas conversions will be required to alleviate the
brown haze problem experienced in many mountain communities.
Figure 4: TSP ~ Figure 5: PM10 Pnsio
a5o ibo r1.no k. s~.a
350
E 300 7SP Prieury 21 Hr. E 120
~ ~'Om'd ~ 100
` ?50 - ~ ~
270 ~ ~
~ 150 ~ GO Hw ~Mna1 ~r ~ .
100 d 4J
0 0
~ ~
1987 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992
Y~v Y~
¦ ~,d nve O Wh1er Ave ®wbc i5P ~ ~ ¦ Arcxxi Ave ? V~Inter MeQ, ®M~c PM io
A comprehensive study of PM10 emissions was completed for Vail in 1989 which indicated
that 57% of PM10 is attributed to wood-burning and 39% results from sand and dirt resuspension,
primarily from the sanding the I-70 (Figure 6). Only 2% of PM10 emissions resulted from auto
emissions from the Interstate. The report also concluded that the Vail Village area contributed 35%
of the PM101oad while Bighorn, East Vail, and West Vail each contributed approximately 21
percent of the total load.
3
Figure 6 Source Contribution of Total PM10
• Source Contribution to Total PM10
2962°6
? Fireplaces
A:; .
39°.6 ®Sanding
„
~ Vehicle Exhaust
5796
? Grills
The Town of Vail has the ability to control wood-burning in Town but no direct control over
sanding application on I-70. However, the impact from sanding may be reduced during future
winter seasons. Staff recently contacted the Colorado Department of Transportation (COOT) and
found that they will be using volcanic cinders, identical to the Town of Vail's cinders, this winter
season. Volcanic cinder is larger than sand and less likely to become airborne after initial applica-
tion and contribute to PM10. Volcanic cinders will reduce, not eliminate, contribution to PM10
from road applications. After discussions with air quality experts from the. Colorado Department of
Health it is recommended that the Town evaluate the durability of cinders. The durability of cinders
affects how quickly cinders will break-down after application and become airborne. The State
currently recommends using granite river bed aggregate called squeegee which is significantly more
durable than cinder. Squeegee is approximately 3/8 inch pebbles from river beds that have been
washed of smaller particulates. Although squeegee is plentiful in most parts of Colorado it may not
provide the traction of volcanic cinders and can be more expensive to use because it requires wash-
ing. In a draft study prepared by the Dept. of Health, it concludes that the most effective mitigation
of PM10 from roads is regular street sweeping using vacuums. Currently the state cleans I-70 one
to two times a year and TOV has one vacuum sweeper that regularly sweeps and washes town
roads.
N. Wood-burning and Air Quality
To determine the relationship between wood-burning and air quality the staff analyzed the
data presented above using regression analysis. Regression analysis helps determine the degree to
which independent variables (e.g., fireplaces, number of winter visitors) affects the variation in a
dependent variable (e.g. air quality). This analysis concluded with a 99% confidence interval that
the total number of fireplaces accounts for 74% of the variation in maximum levels and 79% of the
variation in winter averages of TSP and PM10. Total number of skier days combined with the
number of fireplaces accounted for 90% of the variation in PM10. In short, the number of fire-
places and the number of winter visitors have a significant impact on air quality. Therefore, gas
conversion in lodges and guest education can significantly improve air quality. .
4
Routt County realized that controlling wood-burning in lodges could significantly improve
Steamboats brown haze problem and passed a mandatory conversion requirement for multifamily
units and lodges in 1987. The ordinance also required single family and duplex units to convert to
gas or EPA phase II wood burning units if property ownership changes. The County allowed prop-
erty owners a total of 4 years to convert. Lodges and multifamily units have converted to gas and
consequently the brown haze problem has been essentially alleviated. This mandatory ordinance
was politically palatable because it was recommended by a by-partisan committee made up of lodge
owners, residents, environmentalist, and elected officials. The public also realized the community
had to take action because Steamboat had been classified as a non attainment area for PM10. Vail
may want to consider a similar approach if voluntary conversion does not alleviate the areas brown
haze.
It would also be useful to determine the correlation between interstate sanding and PM10
levels. The State does not maintain records of individual sanding application. However, the State
Departn~eat of Heaich is providing the Town with forms that would allow both the Town and the
local Highway Department office in Eagle Vail to record application of volcanic cinders so that staff
can analyze the air impacts, if any, from future application of cinders.
V. Conclusions
This analysis raised several conclusions and issues that are lined below.
A) The best available information from the County and Town surveys indicates that there are 4,612
wood burning units in Vail. A wood burning survey of 510 residents completed in 1984 estimates
that there are over 5500 wocxi burning units in Vail. Staff found that the County's fireplace data is
reliable for single family, duplexes, and small multifamily units but that discrepancies exist in large
(50+ units) condominiums and lodges.
B) A voluntary effort to convert from wood to gas has been successfully initiated. Approximately
244 dwelling units with wood-burning units voluntarily converted to gas.
C) Air Quality is still a problem even though PM10 standazds aze not being exceeded. Vail regu-
larly exceeded Federal standards when TSP was used. Is our air quality improving or is the Federal
PM10 standazd an inadequate indicator for mountain communities prone to inversions? In conversa-
tions with the Colorado Dept. of Health and USEPA these standards have shown to be inadequate
with other mountain communities. This presents an important issue because the Town needs to be
able to effectively monitor what it is trying to regulate.
D) Fireplaces and the number of winter visitors (which affect fireplace use) have a significant
impact on air quality. Therefore, encouraging lodges to convert to gas and guests to minimize wood
burning can significantly improve air quality.
E) Sanding on I-70 has had a significant impact on winter air quality. However, the impact from
winter road applications may be significantly reduced by the conversion from sand to cinders along
I-70.
5
VI. Recommendations:
A) To establish effective goals for gas conversion or develop new policy, the Town of Vail needs
an effective method of monitoring air quality/visibility in our inversion prone environment. It is
recommended that the Town evaluate air quality/visibility programs that have been developed for
mountain communities.
B) By the 1993-1994 winter season, the staff will be able to determine the effectiveness of the
voluntary conversion program anyd be able to determine the cost effectiveness of implementing a
visibility program. At this time an informed decision could be made on whether a voluntary pro-
gram will be effective and if it is feasible to implement a visibility program.
C) Encourage winter guests to minimize the use of fireplaces and to burn small hot fires to reduce
emissions.
D) Continue to encourage lodges and residents to convert to gas through informational materials,
workshops, press releases, and incentive programs. Encouraging conversion of lodges can signifi-
cantly improve air quality.
E) Evaluate alternative approaches to create incentives for conversion. An environmental award
system or an economic incentive, such-asa sales tax credit could increase conversion rates both for
lodges and private residents.
F) Continue to monitor air quality looking especially for relationships between air quality and the
number of guests, climatic conditions, time of week, time of day, and use cinders on roads.
G) Monitor new technology and programs focused on "clean" fireplaces.
H) Evaluate the use of volcanic cinder before the 1993-1994 winter season. By this time it would be
possible to determine the benefits/impacts of cinder application along I-70 and within the Town. In
addition, continue to communicate with CDOT and Department of Health on alternative road appli-
cations such as squeegee. It may also be advisable to test the durability of cinders before they are
purchased by the Town.
6
, ~ ~ ~ ...a ~ _ . ~ . rr.r ~ ~ . -+r ~ - fry ~ - } yy~...
! 4
• •
~
i/ . ~ ¢L
..1.
y ry, 74
W - L •
• T;~ x..
Regulations and economics ,
mre cousin a dramatic ~ ~
shif$ from wood to gas and _ _ K'~'~-'°` •`~~~y'~
forever changing the ~=~M~=~' '~~~v~q~~
M~
fireplace industry =_Jg~ ,,\~s~
R..-
Heatilator's GC-421 Gas Fireplace produces
28,000 BTUs per hour. ~
he crackling, wood-firedhearth is becoming an fireplaces are banned in new construction in I~'Iammoth
endangered species in many areas of the 1'Vest. Lakes, Calif., and Vail. Crested Butte, Telluride and Steam-
As fireplace manufacturers consider their options, boat Springs, Colo. In addition, S:in Luis Obispo, C:~lif.,
upcoming and existing regulations create chat- may not be far behind, and Butte and Yuba/Butter coun-
lenges unique to each area. Manufacturer response varies ties, north of Sacramento, l~c~~.e proposed an ordinance that,
from frontline defense to concentration on gas product tour- if approved, would follow ~ ~ July 1, 1993.
terparts. But al] share along-term strategy of adaptation and Sonoma County, Calif., is t•. the brightest spot on
diversification to capture market share in newly-defined areas. the horizon for manufacturers ;ale burn rate, "new
Defining these areas is a challenge in itself. In Las technology" fireplaces that are exe:;•l:t from EPA certifi-
Vegas, Nev., and Clarksdale, Ariz., mandates limit appli- cation by virtue of their burn rate, yet bum as cleanly as
antes in new construction to either EPA Phase 11 stoves EPA Phase II certified appliances. Industry efforts con-
or gas fireplaces. Parks City, Utah and Manteca and San vinced Sonoma regulators, poised for an EPA Plmse II-
Luis Obispo, Calif., may not be far behind. Fireplace emis- only mandate this fall, to allow alternative accredit;ttion
sions will be regulated in Washington state in 1997. for any low-emitting appliance not EPA certified.
The Spanish Springs development in the Reno/Sparks Majesties Frank Broome explains, "VVe worked very,
area restricts wood burners in new construction to one gram very hard with those folks. Originally, there were to he no
of particulate emissions per hour, a precedent that may fireplaces period. We're not unh:~ppy with the ordinance
spread to a planned 7,000 to 9,000 house development just as it is now written. They did come to terms with the ~~~av
outside the area. Fireplaces in ne~v constriction are limit- they would qualify nonaffected facilities (he;iting appli-
ed to gas only in the six-county Denver metro area, and antes not covered under EPA regulations). Just having the
the density of installations is limited in Squaw Valley and language in there that says they will allow nonaffected
Freso, Calif., and in the Tahoe Basin. Traditional, open facilities is necessary, but not sufficient. You must also
have a method to qualify the nonaffected facilities, and
By Sondra Kelly-Green they've done that."
HEARTH 8 H01d~E
~~y
TOWN OF VAIL ~
7S Soutb Frontage Road Department of Community Development
Vail, Colorado 81657
303-479-2138/479-2139
November 3, 1992
Mr. Orv Petersen
PO Box 3877
Vail, Colorado 81658
RE: Summary of meeting on November 3, 1992
Dear Orv:
We appreciated you coming in and meeting with us this afternoon. It was nice to be able to
meet you and listen to your concems. Our plan of action at this time is as follows:
1. To have Mr. Benson contact Mr. Russ Forrest to provide background
information.
2. Have you drop off your photographs for Russ' review.
3. Have Russ talk to the landscaper who did the work on the property.
4. From this information, generate a reasonable plan to restore the site.
5. Have Mr. Benson and Jay Peterson submit this plan as a DRB application.
If you have any questions about this, or if at any point in the process we overlook something,
please call us. We understand that you are very concerned about the Gore Creek Riparian
Corridor and we want to make sure you understand that we are also concemed about it. We
believe that by working together, we will be able to solve this problem and satisfactorily
address your concems.
Page Two
Petersen
November 3, 1992
Our telephone number here at Community Development is 479-2138. Please call i~ you have
any questions.
Sincerely,
`~S~Z~~~
Kristan Pritz
Director of Community Development
Andy dtsen •
Town Planne
~~<2 ~jr
. Russell Forrest
Senior Environmental Policy Planner
cc. Jay Peterson
Mr. Benson
Ron Phillips
Vail Town Council
I
M~~
~y
TOWN OF VAIL ~
7S South Frontage Road Department of Community Development
Vail, Colorado 81657 '
303-479-2138/479-2139
November 4, 1992
Mr. Andrew Hood, Editor
Vail Daily
PO Box 81
Vail, Colorado 81658
RE: Response to letter from Mr. Orv Petersen
Dear Editor:
This fall, an individual removed some vegetation located between his home and Gore Creek.
Most of the removal occurred on the stream tract owned by Vail Associates, which is adjacent
to the individual's property. Last week, in both the Vail Daily and the Vail Trail, Mr. Orv
Petersen pointed out that an individual did this without approval from the Town of Vail. The
letter also indicated that the Town could have prevented the removal, but was not concerned.
We believe it is important to point out the sequence of events during the time the vegetation
was removed. We think this is particularly important because, as staff for the Town of Vail,
we take environmental issues very seriously. Our community has high environmental
standards and our staff has a strong commitment to working with the public on these issues.
In the early part of August, the Town received a phone call from Mr. Orv Petersen pointing out
that an individual was removing trees along Gore Creek. Staff requested that Mr. Petersen
provide an address of the home nearest to the location of the tree removal so that we could
contact the responsible party. The next day, Mr. Petersen phoned the staff and provided that
information. That same day, staff contacted the owner and developer of the duplex which was
closest to the area of concern. Staff reiterated Town policy, which is that no tree may be
removed without Design Review Board approval, and the developer acknowledged this. He
told staff that he was aware that this was the regulation and he had told the recent buyer of
one half of the duplex that no live vegetation could be removed. He further stated to Town
staff that this, in fact, was the case and that the only "trees" being removed were "dead fall."
Staff called Mr. Orv Peterson that day and relayed this information to him. Not hearing
anything more from Mr. Orv Petersen, staff believed the issue had been resolved.
Page Two
Editor
November 4, 1992
Several weeks later, staff received a letter from Mr. Orv Peterson dated September 5, 1992.
On September 9, 1992, staff provided a response to this letter. In that correspondence we
recounted the details mentioned above and further stated that the staff is available to
concerned citizens to follow up on issues like this. Not hearing any response from Mr.
Petersen, staff continued to believe that the situation had been resolved. 1n the process of
writing Mr. Petersen, staff met with a representative from Vail Associates as weft as the
developer. Since a majority of the work had been done on the Vail Associates stream tract,
staff believed contacting VA was appropriate. The Vail Associates representative said that he
had walked the site and found that what had been done was considerably more extensive
than what Vail Associates had agreed to.
After seeing Mr. Petersen's most recent letter, published in the Vail Daily on October 29 and
the Vail Trail on October 30, the Community Development staff visited the site the next day.
Believing that more than just dead fall could have been removed from the property, we have
contacted the developer and are working with him to have some vegetation replaced. We
have also talked with Mr. Petersen and have invited him to a meeting on November 3rd to
discuss this issue with the developer and_staf#.
The letter also raised some concerns about the Town's approach to environmental issues.
We believe it is important to state our commitment to our valley's environmental protection
and list recent efforts along these lines:
' Approximately two months ago a full time environmental planner was hired.
An environmental work plan has been developed and accepted by the Tawn Council.
' A preliminary environmental review process is being developed that will allow early
identification of environmental issues in private or public project planning. Along with this
process, a system is being established where Town planners will contact the environmental
planner, mentioned above, to identify any sensitive environmental issues which come to their
attention that may require further action.
Through a voluntary conversion program, 244 dwelling units in Vail have converted from
wood to gas fireplaces. An analysis of Vail air quality and current policy will be presented to
the Town Council within the month outlining long-term strategies to improve Vail's air quality.
Brochures will be distributed within the month to lodges to educate guests on how to
minimize air quality impacts from wood burning. Another informational brochure is currently
being developed that is intended to encourage residents and lodges to convert to gas burning
fireplaces.
2
Page Three
Editor
November 4, 1992
An environmental strategic plan will be developed in 1993, with public participation, that will
identify environmental issues and provide strategies for addressing those issues.
An environmental database is currently being created to identify sensitive natural resources
such as wetlands, riparian areas, ground water recharge areas, and other areas with valuable
natural qualities.
* A study is currently being conducted on water quality and sources of water pollution in Gore
Creek to develop a plan for minimizing nonpoint source pollution.
In closing, we strive to enforce our ordinances on environmental issues fairly. When violations
occur, the staff takes each case and works with the individual involved until the situation is
resolved. We believe that compliance with Town of Vail ordinances is applied equitably and
special treatment is not given to any property owner within the Town. We believe that the
best way to serve the community is to be consistent and equitable.
We hope this letter will be helpful to the public so-±hat community members understand our
philosophy concerning environmental issues.
Sincerely,
~rl~~{1 ~~'1
Kristan Pritz
Director of Community Development
r~~~~
Andy KaLdtsen
Tow Planner /
Russell Forrest /
Senior Environmental Policy Planner
c:landyUettersleditor
3
1
/y
TOWN OF UAIL ~
7S South Frontage Road Department of Community Development
Vail, Colorado 81657
303-479-2138/479-2139
November 4, 1992
Mr. Allen Knox, Editor
Vail Trail
PO Drawer 6200
Vail, Colorado 81658
RE: Response to letter from Mr. Orv Petersen
Dear Editor:
This fall, an individual removed some vegetation located between his home and Gore Creek.
Most of the removal occurred on the stream tract owned by Vail Associates, which is adjacent
to the individual's property. Last week, in both the Vail Dailv and the Vail Trail, Mr. Orv
Petersen pointed out that an individual did this without approval from the Town of Vail. The
letter also indicated that the Town could have prevented the removal, but was not concerned.
We believe it is important to point out the sequence of events during the time the vegetation
was removed. We think this is particularly important because, as staff for the Town of Vail,
we take environmental issues very seriously. Our community has high environmental
standards and our staff has a strong commitment to working with the public on these issues.
In the early part of August, the Town received a phone call from Mr. Orv Petersen pointing out
that an individual was removing trees along Gore Creek. Staff requested that Mr. Petersen
provide an address of the home nearest to the location of the tree removal so that we could
contact the responsible party. The next day, Mr. Petersen phoned the staff and provided that
information. That same day, staff contacted the owner and developer of the duplex which was
closest to the area of concern. Staff reiterated Town policy, which is that no tree may be
removed without Design Review Board approval, and the developer acknowledged this. He
told staff that he was aware that this was the regulation and he had told the recent buyer of
one half of the duplex that no live vegetation could be removed. He further stated to Town
staff that this, in fact, was the case and that the only "trees" being removed were "dead fall."
Staff called Mr. Orv Peterson that day and relayed this information to him. Not hearing
anything more from Mr. Orv Petersen, staff believed the issue had been resolved.
Page Two
Editor
November 4, 1992
Several weeks later, staff received a letter from Mr. Orv Peterson dated September 5, 1992.
On September 9, 1992, staff provided a response to this letter. In that correspondence we
recounted the details mentioned above and further stated that the staff is available to
concerned citizens to follow up on issues like this. Not hearing any response from Mr.
Petersen, staff continued to believe that the situation had been resolved. In the process of
writing Mr. Petersen, staff met with a representative from Vail Associates as well as the
developer. Since a majority of the work had been done on the Vail Associates stream tract,
staff believed contacting VA was appropriate. The Vail Associates representative said that he
had walked the site and found that what had been done was considerably more extensive
than what Vail Associates had agreed to.
After seeing Mr. Petersen's most recent letter, published in the Vail Daily on October 29 and
the Vail Trail on October 30, the Community Development staff visited the site the next day.
Believing that more than just dead fall could have been removed from the property, we have
contacted the developer and are working with him to have some vegetation replaced. We
have also talked with Mr. Petersen and have invited him to a meeting on November 3rd to
discuss this issue with the developer and staff.
The letter also raised some concerns about the Town's approach to environmental issues.
We believe it is important to state our commitment to our valley's environmental protection
and list recent efforts along these lines:
* Approximately two months ago a full time environmental planner was hired.
*'An environmental work plan has been developed and accepted by the Town Council.
* A preliminary environmental review process is being developed that will allow early
identification of environmental issues in private or public project planning. Along with this
process, a system is being established where Town planners will contact the environmental
planner, mentioned above, to identify any sensitive environmental issues which come to their
attention that may require further action.
* Through a voluntary conversion program, 244 dwelling units in Vail have converted from
wood to gas fireplaces. An analysis of Vail air quality and current policy will be presented to
the Town Council within the month outlining long-term strategies to improve Vail's air quality.
* Brochures will be distributed within the month to lodges to educate guests on how to
minimize air quality impacts from wood burning. Another informational brochure is currently
being developed that is intended to encourage residents and lodges to convert to gas burning
fireplaces.
2
Page Three
Editor
November 4, 1992
An environmental strategic plan will be developed in 1993, with public participation, that will
identify environmental issues and provide strategies for addressing those issues.
* An environmental database is currently being created to identify sensitive natural resources
such as wetlands, riparian areas, ground water recharge areas, and other areas with valuable
natural qualities.
A study is currently being conducted on water quality and sources of water pollution in Gore
Creek to develop a plan for minimizing nonpoint source pollution.
In closing, we strive to enforce our ordinances on environmental issues fairly. When violations
occur, the staff takes each case and works with the individual involved until the situation is
resolved. We believe that compliance with Town of Vail ordinances is applied equitably and
special treatment is not given to any property owner within the Town. We believe that the
best way to serve the community is to be consistent and equitable.
We hope this letter will be helpful to the public so that community member understand our
philosophy concerning environmental issues.
Sincerely,
~~i5~~n
Kristan Pritz
Director of Community Development
And K udtsen
Town Planner
Russe Forrest
Senior Environmental Policy Planner
c:landyUetters\edflor
3
~lo ~d7.9
1991-1992
DAY OF WEEK TOTAL VEHICLES TOTAL DAYS AVERAGE
MONDAY 1399 20 70
TUESDAY 1436 20 72
WEDNESDAY 1290 21 61
1 tt ~TRSDAY 1313 21 63
FRIDAY 225 21 11
SATURDAY 824 21 39
SUNDAY 291 21 14
TOTAL 6778
FORD PARK AVERAGES
$o
~0 72
70
40 \ ~y\ , \ 39
A~R~A~ ~ ~
~A
~h`~A \\\\V ' ~ ~ A `~i
~ ~1\\A\ VVA~~ v
X111 \ ~ , \
14
AAA ~ ~ ~ ~\\,~~A1~A~ ~~V
UA~\~ ~ ~
\~A\\ \VA a
Q Q Q Q Q Q Q
~ ~ ~ ~ ~ ~ ~
~ Z
~ Z ~ ~ ~
~ Q
F- ~
xe~ ,
~o `?~-w•
Y "i
bicycle
Colorado
November 3, 1992
Post Office Box 3877
Littleton, CO 80161-3877 Ron Phillips
Telephone: ~ 303 798-1429 Town of Vail/CAST
75 S. Frontage Road
Vail, CO 81657
Directors
Joni Lund, President Dear Ron:
Barbara Sharrow, Secretary
Steve Brown, Treasurer This is your invitation to join a new organization, Bicycle Colorado. A
Nancy Cifelli consortium of public agencies and private businesses have joined
Deane Drury forces to develop Bicycle Colorado to act as a central source of
Portia Masterson, information to the public about bicycling in Colorado.
Jerry Nagel
David Varley Bicycling growth in Colorado has been significant:
Bill Wildberger Bicycling Magazine's reader survey picked Colorado as the
- - Brian Worthy state where bicyclists most wanted to ride
Some 83 million American adults rode a bicycle last year
Bureau of Land Management Colorado has developed an infrastructure of facilities to
Cobrado Association of Ski Towns support bicycling activity
Cobrado Bicyding Advisory Board
Cobrado Department of Transportation Your involvement in this organization places your products and
cobrado Tourism Board services in the forefront of trip planning for individual tourists, directly
Private Donor invites this market segment to your business and tells them that your
services are planned with awareness of cyclists needs. You also will
play an active role in providing direction to Bicycle Colorado for
industry development in the future.
As a member of Bicycle Colorado, you will be contributing to the
encouragement of both residents and visitors to participate in a life
enhancing, environmentally sound activity which will stimulate the
economy and increase your summer and shoulder season business.
I look forward to discussing your involvement in Bicycle Colorado.
Sincerely,
oni Lund Bill Wildberger
President Vail Coordinator
~~CEIVED ^ 199
FOR IMMEDIATE RELEASE -NOVEMBER 1992
BICYCLE COLORADO PROMOTES THE STATE
p AS A "WORLD CLASS" BICYCLE DESTINATION!
~ ~ ~ ~ ~ Bicycle Colorado as a not for profit entity will provide products and services that
enhance the environment and growth of bicycling and bicycle tourism within the
State of Colorado. Multiple public and private organizations have worked
Post office Box 3877 together for the past year to "make it happen°, says Joni Lund, the President.
Littleton, Co sois~-3877 The Bureau of Land Management, Colorado Association of Ski Towns, Colorado
Telephone: 1 303 798-1429 Bicycling Advisory Board, Colorado Department of Transportation, and the
Colorado Tourism Board have teamed with a private contributor to get the
organization started. The "Strategies" of the non-profit corporation are clearly
stated:
Directors - to promote the State of Colorado as a world class bicycle destination
Joni Lund, President - to provide a central information source for cycling in the State of Colorado
Barbara Sharrow, Secretary - to enhance public awareness of the cycling environment and opportunities for
Steve Brown, Treasurer vacation and transportation
Nancy Cifelli - to provide pro-active information sources to government agencies, positively
Deane Drury influencing the development of cycling facilities throughout the State.
Portia Masterson
Jerry Nagel Joni Lund says, ~We will be to the bicycling industry what Ski Country, USA has
- - David Varley been to skiing!"
Bill Wildberger
Brian Worthy A central information request line has been initiated (1-303-798-1429) and a
Sponsors magazine is being published for distribution to promote the '93 summer season.
Bureau of Land Management The magazine, Bicvcle Colorado will have descriptions of member companies,
Colorado Association of Ski Towns services, and products. The magazine will be distributed by mail to all enquirer's.
Colorado Bicycling Advisory Board Distribution is also planned throughout the state with other tourism promotion
Coiorado Department of Transportation groups.
Colorado Tourism Board
Private Donor An automated data base of the inquiries wil{ be maintained to provide valuable
information to the membership. Bicycle Colorado will represent the membership
coordinating various tourism promotions among state and federal agencies and
serve as an advocate for Colorado's continued development of trails and
facilities.
Colorado already serves as host to national and international events for cycling.
A Bicycling Magazine survey rated Colorado #1 for mountain biking and 2nd in
tour cycling. This organization will act as a single voice in the state, in
coordination with other public and private parties to further develop this strong
- image of a '~n+orid class" bicycle destination.
Bicycle Colorado members will benefit from direct exposure to the best qualified
bicycle enthusiasts in the state. Significant visibility is anticipated within the state
and across the country. Inquiries have already been received from Europe and
the Far East. Once a solid membership base is developed, plans are to go
nationwide with advertising in the leading national publications addressing the
bicycle enthusiast markets.
If you're interested in becoming a part of this exciting new organization, call Joni
Lund at the Bicycle Colorado membership ofFices at 303-798-1429.
GJ_5~' ~5T ~c~c~nnoov~ wuoC7'aC7Zyooop O
ow°~ o°~o ~~°a°aac~8 ~~n~~~~~r$_
vom o~~ °°°~°^a °~~~°°"o~~~ O >f2r .
~NQ~ WHO ~~o~o o • D x~~g,
o ^
~
~ ~ Anon profit entity
~m ~ providing products and services
o W n that enhance the environment and
$w o promote the growth of bicycling and
bicycle tourism within Colorado
~v a
V Q
V
t,'
RECEIVED s~'D'J - 61992
l
`r
•
I~~C~~
O O O O O
Dear Potential Member:
omce aox As a non profit organization, • As a member of Bicycle Colorado,
LHtI•ton, CO 8016h3877 we seek to romote bic clan
~,~„a,,~~~-a~~ p y g your companywill be participating in an organization
omcea ~ ~ roe-u29 and bicycle tourism throughout the state.
It is one of our objectives to become an organization dedicated to the overall promotion of
to promote bicycling as Colorado Ski Country, USA the bicycle experience.
a,~,,,~ has promoted skiing.
nom Luna, Pre:tdent We have established a telephone inquiry line
ro"m
°ut`~''~ which is listed in the Colorado State Vacation Gulde • Beginning the month you join you will receive
Nancy Dutko published by the Colorado Tourism Board. a list of all inquiries to Bicycle Colorado.
Deane Drury
Portly Masterson Initial notable contributors
w
wu~er to the organizations foundation include:
Brianwortlt~i Bureau of Land Management • Your organization description, phone and address
• coloraao Association of ski Towns will be included in this years information distribution
Bureau at Land Management .Colorado Bicycling Advisory Board
Colorado A55aclatlon of Skl Towns which is currentl bein mailed.
Colondo BltyclingAavtsory Board • Colorado Department of Transportation y g
Colondo Dept.olTrans,_.w_... • Colorado Tourism Board
CoWredo lbutism Board
D0R0i • Private donor • Joining now gives you more than a year of exposure
We'd like to invite you to join this organization. to a well qualified list of people inquiring about
By doing so, you will be supporting bicycling
throughout the state, bicycling in Colorado.
have your business recognized to all inquiring parties,
and if you like, • $1 cle Colorado will represent you
receive a mailing list of all Bicycle Colorado inquires. ~
Your membership is tax deductible. in state bicycle policy and land access issues,
Described in this brochure are: provide educational opportunities,
• membership options and speak for you in the the development of
• an advertising rate schedule
• membership application bicycling facilities throughout the state.
• summary of membership benefits
• prototype of how membership listings will be displayed . ~ a non profit corporation,
Please call us at 303 798-1429 if you have any questions. Bicycle Colorado can provide a cost effective use
We hope to hear from you soon.
of your marketing budget to those that have
Sincerely, expressed plans to bicycle
during their Colorado vacation.
Joni Lund, President
• ~ • •
• • • -
G.{[ , t~~
1- T f o r
~~"O/~?1u1~1O~'L, ~
~ he front cover o Bicycle C to ado
` I1tC• 11+vo Wheel lbura will look similar to the cover of this piece
f?o. sox sass, Lttleton, co 80161 with a full color photograph of
1212 Washington Avenue, 303 2783290, 303 798.4601 for Reservations/800 343.8940 24-Hours Colorado mountain bicycling
In the foothllis west of Denver, we aze "a store worth riding foc" Exciting leisure bicycle tours In the Colorado Rockies. lri the flamed area.
Spedallsts In long-haul touring, we offer an extensive setecUOn Offering spectacular 30 mile downhUl on Mt. Evans.
of bike gulden, clothing, packs, tools and components. Several one day tours In Denver. Multi-day bed & breakfast tours.
Immediate repair for tourists. We rent Mtyata mountain bikes. Novice to Expert itineraries, all equlpmenc supplied. The interior will be two color printing
FREE bike flt evaluation. Yeaz•azound inventory of summer Specializing in Services for high country rides.
and winter clothing for high•alUtude nding. XS Uuu XL. Call for brochures and tour Information. Wltll W211 Organized, easy to find sections.
Women's wear department.
Advertising will be placed as close to
Listings Name in Bold your listing as space permits.
$rrlall town eating Address Phone in Medium
With the finest Description in book weight type '
Invento and 50 word descriptions for Members and Supporting Members. We eXpect t0 take Our place aS One of the .
exper~8se 7o word description for all higher level members. leading resources for the industry
as well as the individual cycling enthusiast. ,
O
~e.~ 7jrpical Membership Headings
• Equipment Manufacturers
~ropu,IslolZ : ~ ~ • Resorts and Lodging (by Region)
Inc.
_ _ _ Transportation
(303) 278-3290 • Tour Companies and Rentals
1212 Washington, Golden, CO 80401 PROMOTING ETHICS • Bicycle Shops and Rental
IN BICYCLING Restaurants and Services
Third Page Ad Government Agencies
2 Column - 51/e" W x 45/8"H Camp Grounds
• Health and First Aid
Holf Page (Not Shown) Books and Publications -
3 Column - 73/a"Wx 45/8"H • Citizen & Charitable Races
Included with Your Business Community Supporters
Silver Membership '
• Racing Events
Full Page (Not Shown) 1 ical Pr~blication Sections
3Column-7%4"Wx ]0/a"H ~P
Included with Your Membership Listings
Gold Membership Industry Resources
• Trailheads and Maps
• Calendar of Events (Monthly/Seasonal)
• Regional and County Facilities
7,jipicat Editorial ?bplcs
• High Altitude Cycling
• Leisure Touring
• Racing and Advanced Cycling Events
• New Trail Projects and Facilities
• Highlights of Colorado's Best Trails
• Colorado Seasons Bring Cycling Variety
• Bicycle Safety
• Land Use Issues
. M _
• • • -1 •
Twelffh Page Ad
- • • • • • • • • - - • - 1 Column - 2'/2" W x 2~/a"H
Included with Your
• • • • • - ~ - • • Contributing Membership
Bicycle Colorado, as a not for profit entity, Colorado already serves as host to national
will provide products and services and international events for cycling.
that enhance the environment and growth A Bicycling Magazine survey rated
of bicycling and bicycle tourism Colorado #1 for mountain biking,
within the State of Colorado. and #2 in tour cycling.
Multiple public and private organizations This organization will act as a single voice
have worked together for the past year in the state, in coordination with
to °make it happen", says Joni Lund, other public and private parties
the organization's President. to further develop this strong image
The Bureau of Land Management, of a "world class" bicycling destination. Sixth Page Ad
Colorado Association of Ski Towns, 1 Column - 2 ~/2" W x 4 5/8 "H
Colorado Bicycling Advisory Board, Bicycle Colorado members will benefit included with Your
Colorado Department of Transportation, from direct exposure to the best qualified Sustaining Membership
• and the Colorado Tourism Board bicycle enthusiasts in the state.
have teamed with a private contributor Significant visibility is anticipated
to get the organization started. within the state and across the country.
Inquiries have already been received
The "Strategies" of the non-profit from Europe and the Far East.
-corporation are clearly stated... Once a solid membership base
• to promote the State of Colorado is developed, plans are to go nationwide
as a world class bicycling destination. with advertising in the leading
• to provide a central information source national publications addressing
for cycling in the State of Colorado. the bicycle enthusiast markets.
• to enhance public awareness If you are interested in becoming
of the cycling environment and apart of this exciting organization,
opportunities for vacation and call Joni Lund at the Bicycle Colorado
transportation. membership offices or write to:
' to provide pro-active information sources bicycle Colorado
to government agencies, Post Office Box 3877
positively influencing the development Littleton, CO 80161-3877
of cycling facilities throughout the State. Information 1900 288-BIKE
Joni Lund says, "We will be to the Offices 1303 798-1429
bicycling industry what Ski Country, USA
has been to skiing!"
A central information request line
has been initiated (1900 288-BIKE) and a
magazine is being published for distribution
to promote the '93 summer season.
The magazine, called B~ycle Colorado Sixth Page Ad
will have descriptions of member companies' 2 Column - 5 ~/e" W x 2 ~/4"H
services and products. Distribution will be Included with Your
by mail to all Inquirers. Distribution Is also Sustaining Membership
planned throughout the state and with
other tourism promotion groups.
An automated data base of the inquiries
will be maintained to provide valuable
information to the membership.
Bicycle Colorado will represent the
membership, coordinating various
federal agencies and serving as an advocate
for Colorado's continued development
of trails and facfiities.
_ _ n
• • ~
f
Below are the categories of membership for 1993.
Bicycle Colorado information magazine to be issued Mazch 1,1993.
If you have any questions about the categories of membership,
please call 303 798-1429
i. Member (5150)
Magazine Usting including Name (in Bold), r
address, phone, and 50 word description of your business or service.
Option: 1" Business Logo with Address and Phone only.
2. Supporting Member ($250)
Magazine listing including 1"Graphic or Logo, Name {in Bold),
address, phone, and a 50 word description of your business or service.
3. Contribut[ng Member (5500) s
Magazine listing including 1" Graphic or Logo, Name (in Bold),
address, phone, and a 70 word description of your business or service.
Monthly listing of aU Bicycle Colorado inquiries in label formal
B&W 1 Column Ad - 21/z"W by 2l/a"H
4. Sustaining Member (51000)
Magazine listing including 1" Graphic or Logo, Name (in Bold), l
address, phone, and a 70 word description of your business or service.
Montlily Usting of aU Bicycle Colorado inquiries In label format.
B&W 1 Column Ad - 2~h"W by 45/fi"H or
B&W 2 Column Ad - S~/a"W by 2~/a"H
5. Silver Member (52000)
Magazine listing including i" Graphic or Logo, Name (in Bold),
address, phone, and a 70 word description of your business or service.
Monthly listing of all Bicycle Colorado inquiries in label format
B&W Half Page Ad - 73/a"W by 45~"H.
• 6. Gold Member (S5000)
Magazine listing including 1" Graphic or Logo, Name (in Bold),
address, phone, and a 70 word description of your business or service.
Monthly listing of all Bicycle Colorado inquiries in label format. `
B&W Full Page Ad - 73/a"W by ]0~/a"H. I
All Members wlll have one vote at an annual meeting where the
board of directors will be selected according to
the by laws of the corporation.
~ • ~ •
Below aze the advertisement sizes for 1993.
Camera ready art should be suppUed.
Ad production services avaUable for additional fee.
Call our office for more information. Free with Membershin
l . B3W 1 Column Ad - 21/2"W by 2t/a"H Contributing Member
2. B&W 1 Column Ad - 2th"W by 45~"H Sustaining Member
B&W 2 Column Ad - 5~/a"W by 2t/a"H Sustaining Member
3. B&W Third Page Ad - 5~/8"W by 45/$"H
4. B&W Half Page Ad - 73/a"W by 45~"H Silver Member
5. B&W Full Page Ad - 73/a"W by 10~/a"H Gold Member
Optional
Two Color Ad Printlng Available for 30% Additional
i
Our special thanks for technical assistance 4
in Bicycle Colorado's manFeting and Just publication.
Cover Photo Courtesy of
1Wvo Wheel Toura
Post Office Box 2655, Littleton, CO 80161.2655
303 798-4601 for Reservations1800 343.8940 24 Hours
Marketing and Publication Graphics Courtesy of
Creative Technology Corporations 1
' 44 South Lafayette Street, Denver, CO 80209 ~
.03 698.0230 Office/303 722-4901 Fax
. ~ r i
• • • ~
i
i
i
i
i
i
i
Ad4r~• I
i
i
i
i
~ i
Fhnnn• AddlLO[>aI PhonP• ~
INDICATE IN 7NE APPROPRIATE BOX
THE MEMBERSHIP LEVEL DESIRED j
O Member S l 50.00 ~ j
O Supporting Member S 250.00 i i
O Contributing Member S 500.00 j
O Sustaining Member S 1,000.00
O Silver Member S 2,000.00 i
O Gold Member S 5,000.00 i
~ ? Montlily Inquiry List: Add to your Rate S 100.00
/Members b Supporting Members OpttonJ
O 2 Color Ads: Add 30% of Regular Ad Rate ~
/Rejerto ynurmembershtp descrfptton Joryourad size)
INDICATE IN THE APPROPRIATE BOX
THE NON-MEMBERSHIPAD DES/RED
O B&W 1 Column Ad - 21/2"W by 21/a"H S 300.00
O B&W 1 Column Ad - 21/2"W by 45/8"H S 550.00
O B&W 2 Column Ad - 51/s"W by 21/a"H S 550.00
O B&WThtrdPageAd-S1/a"W by 45/e"H S 1,100.00
O B&W Half Page Ad - 73/a"W by 45/a"H S 1,750.00
O B&W Full Page Ad - 73/a"W by 101/a"H S 4,750.00
Optional
O Two Color Ad -Add 30% to Above Ad Rate S
Copy jor member's description and camera ready ati
for advetitsittg
must meet pu611cation deadline ojDecember 1S, 199Z.
All listings, advertising and photographs to be published
must be approved by Bicycle Colorado prior to publication deadline.
CONTRIBUTION
O 1 do not feel membership is appropriate for me at this time,
but would like to make a contribution to support Bicycle Colorado.
Principle
~OIlWL'.
Phone Check
~plher• Enclosed:
Send this form and attach your Check,
Company Description and Advertising Copy to
bicycle Colorado
Post Office Box 3877
Littleton, CO 80161-3877
r.•.:, .
I
} Vail
~ Alpine
Gaj^clefl
November 4, 1992
Mayor Peggy Osterfoss
Members of the Vail Town Council
Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Peggy and Council Members:
The Board of the Vail Alpine Garden Foundation is very
grateful for your contribution of $25, 000 from the Real Estate
Transfer Tax Fund to be used for construction of the Betty
Ford Alpine Gardens.
I am sure that your challenge to our membership and the people
of Vail will be very important in raising money for our
capital campaign.
Sincerely,
F~ 1
Helen S. Fritch
President of the Board
HSF:dyb
183 GORE CREEK DRIVE VAIL, COLORADO 81657 303-476-0103
XC: J
THE DIIwER POST ~"'r"
:E~~'iQH ' 9~a A NEVI/~3 QIRECT1t~ ,,q ~a .r
uch problems may force some
Scounties to take advantage of a
_ provision in Amepdment i that lets
them reduce or eliminate subsidies to
~ state-mandated programs such as wel-
fare and courts.
Even before the election, Mesa and
Jefferson county commissioners gave 90
w days' notice that they will ask the state to
bear the cost of some programs if it
would save money in their general fund
budgets.
.,i
"I think it's realistic that we'll take ad-
iw, vantage of it in some areas," said Jim
Spehar, chairman of the Mesa County
Commission. "The board has not yet de-
tided which areas will be priorities."
Spehar and his fellow commissioners
face another Amendment 1 dilemma, a
technical problem that all governments ~
! in Colorado may face in good times. i
Mesa County has attracted a lot of ,
tourists, and revenues from the 2 percent ~
county sales tag are up more than 7 per- i
cent. Under Amendment 1, however, the
county can spend only 3.1 percent of the ,
extra sales tag money.
"So we're faced with how do we refund
sales taxes, a third of which are paid by
The Denver Post I KeM Metrob tourists," Spehar said. The money nor- .
1AlINNlR: Doug Bruce speaks to his supporters at a celebratory party on mally would go for capital projects, such
election night after hla Amendment 1 passed. as buildings and road improvements.
Denver may face a similar problem
neat summer if the city collects more .
TAX ~ ~ sales taxes because of out-of-towners
` , ~a ~ ~ or Popge John Paul IIdo Rockies baseball
If Denver gets an extra $i million in
sales taxes, each citq resident may get a
$2 check, said Liz Orr, city finance direc-
O~ce-holders, bureaucrats wringing tar. "So you're giving up $1 million worth
Q of services and getting E2 back. That's
hands over impact of Amendment 71 not a very good cost-benefit ratio."
Amendment 1's spending limitations
y Jeffre A. Roberta ~ '~R raise many other questions yet to be an-
B y y*~ ~ ~ "~''i'` swered, say state and local officials.
Denver Post Stetf Writer
week before the election, Amemd- a foremost provision of Amend- If Colorado Lottery proceeds exceed
~ment 1 author Douglas Bruce ment 1 requires voters to decide expectations, for instance, are local gov-
oretold afew consequences of whether to impose state and local ernments prohibited from spending all
the tag-limitation measure that now is tag increases and more government debt. the money they get for parks and recre-
part of the Colorado Constitution And voters approve exceptions, ation?
"This requires your kids to live in So- state and local government spending now Must local governments refuse state
malia, and your house will bum down ~ to the rate of inflation plus grants for economic development if the
neat Tuesday," he said. "And your broth m population, school enrollment extra cash would exceed their Amend-
er-in-law will move in with you." or the r. tag base. ment 1 spending caps?
Bruce was joking, of course. Amend- Gov. Roy Romer, at a news conference Are lottery funds, gas tas revenues and
meat 1 has nothing to do with gout broth- Wednesday, said the amendment is "very old-age pension grants considered part of
er-in-law. Unless he's a government offi- complicated, and I don't think overnight the state's overall spending base, the bot-
cial, that is. we're going to know exactly what the im- tom line from which next year's spending
Throughout Colorado, office-holders Plications will be." increases will be calculated?
and bureaucrats are wringing their hands Incept for public schools, he said. They "We need to know what we're talking
and scratching their heads, trying to un- face a drop in per-pupil spending because about here," said,Karen Reinertson, di-
derstand the ramifications of the anti-tag the measure restricts school distncts' rector of the Office of State Planning and
initiative approved by 53.6 percent of ability to increase tag rates if pr..,,:.. Budgeting. "We're trying to do this real
voters Tuesday. values have fallen So districts can't gen- straight. No game-playing."
erate We same amount of money as in .,fi,
A few immediate impacts appear to be
clear. Aurora, for instance, must post• the current budget year. ~ ~rz ~ s m
pone until Wert November a $96 million The state can't make up the difference o make sure no games are played, "
bond election planned for February. Jet- because it already faces a E275 million Bruce said 6e will keep a close eye
Person County, the state's largest school shortfall for education, and lawmakers on government.
district, announced that passage of now can't raise taxes for schools without The day after the election, he called
Amendment 1 combined with the failure voter a,.r... ~ al. several state officials and offered to go
of a proposed sales-tas increase for edu- "Schools aze going to be substantially over Amendment 1 line by line "so that
cation will force a $12 million to $26 mil- cut," Romer said, "and we need to learn theq understand the implications of the
lion budget cut meat yeaz. Likewise, neaz- to live with that until we can find a way amendment and the interrelationship of
ly i25 million in cuts loom over Denver to solve ft." the various sections, and they don't make
Public Schools. Bruce maintained throughout the cam- any erroneous assumptions that are going _
Less clear are the possible effects of paign that Amendment 1 doesn't require to lead them down the wrong road."
Amendment 1 on a whole other range of i any cuts in government services. But cuts Ultimately, the legislature and courts
government programs and services. are - ~-°---mg inevitable in counties such will decide what Amendment 1 really
The measure raises many questions, as Kit Carson on the Eastern Plains, means. But far now, elected officials such
some of which may have to be answered where property tag values are dropping as House Speaker Chuck Berry, R-Colora-
by the state Supreme Court or the legisla- ~ because ~ economy is poor and oil and do Springs, are willing to sit down with
tore. Already, the Colorado Municipal B~ Piroduction is off. Bruce and hear his interpretation.
League has organized a big group of local Kit Carson officials can't lo- "I don't think he'll make all the deci-
officials seeking legal clarification of is- mrll levies without voter approv- sions, obviously, but I thiidyit's very ap-
sues. For example, must cities somehow al, they have decreased their 1993 budget propriate to listen to him,` Berry said.
rebate sales taz revenues that exceed the 5200,000 from the current yeaz's spend- _ -
spending restrictions of Amendment 1? itig, according to the Colorado Impart- '
"The bottorn,line for us is that the ment of Local Affairs.
amendment's passed, the people have Yet if the economy is bad, it's likely
spoken and local officials will do the best that more people are unemployed and
job they can of implementing it," said need county services such as food stamps
Sam Mamet, the league's associate direr- and Medicaid. There could be more pres-
tor. "But this is not going to be wiWout sure on Kit Carson to deliver services,
inter.,.. ~:ation problems and enf... _:....ent but less money in the county budget to do
problems." so.
Bruce, a Colorado Springs real estate "I can see it as a downward spiral,"
'nvestor, r. -r .yed Amendment 1 as a said Peter King, direcfor of Colorado
Any to gaim comtrol over what he consid- Counties Inc. "As the need grows, the rev-
~rs politicians bent on increasing taxes enue declines."
tnd spending money without taxpayers'
consent. In a moment of celebration last
seek, he proclaimed the measure's pas-
age "the single•most important political
~vemt in Cdtorado-since statehood."
_
. r.._.
. ~.r~~'~~~,. POST-ELECTION. POLITICS xe ~ ~
J~ ~ ,a` QQ ~olora
ff ~ ~ r .
3y AI Knight d' ' ~ Clinton had but 43 r::_.;,..: of the national on tar is somehow illegal. The'
)enver Poet F ~ i Emlar"'' - " Vote, and while USA Today proclaimed the best th8 . could be hoped for, from Ro-'
nteresting as some`"election cam-.~ " win a landslide; other commentators mer's point of view, would be a court rul='
'paigav are, it is the period right after,' pointed out tbatin spite of 18 million.,...:.: issg khh4 the a ant's wording some'
the election that is sometimes the voters this year than in 1988, Clinton god how conflicts with other constitntioaal:
most dramatic. ' only a couple million more votes than Mi- proALvio~ and would have to be resolved.,.
That may ~ the case this,year, as polity' chael Dukakis ad font years age:', ..It should be borne in mind, however-,1
.cal wirardst Colorado are'aga6i'study--• Ross Perot got most of the rest.. first Amendment, l has not. sntfered for
Ong this stalk's voters for telltale signs:of' In any case, despite the governor g~ lack of attention. It has been refined, etas-,'
iementia. ~ . ~ - statement, voters will 6e relieved to know. plified, re-examined and debated iu one
The ;facia this year is predictably on . that periodic futm'e elections will be held' form or another: for`years: - ' '
:brae ballot initiatives -two that were to determine which party will hold power. As to Amendment 2, Romer is on even
i,,r~~:ed ]ast,Tuevday aad~one that Was As to the victories of Amendments 1 shakier ground. This amendment writes
rejectesL' ~ and 3, Romer seemed in ~ mood'to ac- into the Colorado CoasUtntfon a provision
The gran is the: middle od all three ls- cept the will of over 800,000 Colorado vot- that says that sexual orientation shall not"
sues is d familiar figm~ Gov. Roy Romer. ers who voted for; theta: Instead, Rom' be a bads; for granting special prntectexj,,
Although not running for election this threatens to go to oomt with h}s oppostttop>. stator 1c Colorado or its. ~,,......~..,:,.0~'11''~~
,+ear, Romer halt Ws co~iderable egos to both amendments or, iu'the• case- a,, practtcal effect of the amendment is gtdt!'
ashed to several issues, inclading the. Aoi~meat 1, resubmit-it to the voters: ~ limited, repealing three local ordinamw
:brae' contested: am:.t ;...,3s~grent~omda. ~ Ammdmeaf• 1 is the?rapayer's Billed= (in L ~ ,Balder and. Aspeak Play
above. All in all, Ttreaday didaY tarno~ to--= R{~g m:r..~_ r'eq voter . ~,r.3, ei:..l+. ~ s or~Z iaeaed by Ranier:.
)e a good night for tht g. ~ , , - for tai increases and hikes above: 'Certainly, there have been loud cum-
' Romer, C . ~ ~ : r.: k raraiy tdlent sad abT the rate of iota on and: popsrlation€' phaiats•aboat the deter ~ Colorado v
;Host never in dads.' In trying• to pot thin gmwth. 3o fns thty vernor has sh . ~ ~ ~ . " em, bu! the. amlyst$ of the vote is ahn~'~ ,
4est possible face on the election. resalta; sign he is will~to live with the smell- sorely wrong. It is said that Coloradap~;
the governor made a number of atate++• although, oath of oftkx clear~p• • wish to dieQlmlblte against hom.,,:.,~.r_!e;
meats that deserve das~ ezamieatiaa::'-' obligates him do so. What is odd abd~ IE~ is mno6"_morc likely tit hundreds=of'
? First, and perhaps least important, his position is that his end.,.,:,:..,:.L o[ a thousands of them dfd not want to be taken
he proclaimed that BW'•.L,~...~..., ~ electtaa• lawsuit ls: ~ ~ ~ a guilt trip. Many know nothing of 6o-
signals a 20-year taiga ad the Demotxatle~ There isrno particular part of the ~ , iality and are unaware of aqp action
Party. The governor gave no sosn+ce• for' sure the has been singled oat as unclear, on their part that would in any way affect
his prediction, bat he must have been e:-~ or an ~1.., :I;,,:: gal. Indeed, it is hard. to the lives of homoseauala Maw others sim=-
aminia a one-M-a-kind set of election re- timagi~e that tha^e are in ColoraEo
cults. ~e last time the rest of us looked, that would hold that the idea of elections• Please see ROMER on 50
Foss o~~Am`endnent 2 v~~a~n't a
~~`votefi fog hate' ~4 . .
ROMER hour Page 1[T~° = x" - amendment to the Civll RIghts
ply reject the no , ~ y _ . , - . " ` ° ~ Ark Fiiat, all of the other protect- -
tioa that'seYnalc-~ F'.. '(~~i ,~•~k;.,~~- _ ed gmWb won their stelae became
orientation should be co~tdered ii> ~ : 7t ~ . Congress acted to past dis• s
the same legal class with'rsce sad ~ ~ ~ crlmination by the state against a
ethnicity.. The idea that Colosad9-~>. t . ~ - discrete and insular minorities.
:`voted for hate" is itself s hatefiik:. a"` ~ ''"~r> ~ The history of homosezuality in
ue• ~ - • , this country differs gr'eatiy from ,
People need to: calm down; tint these groups. There has been no >
Governor Romer; amo 0 7 ~ + :
tbas; ~ z.l ~ pattern in which homoseanaL ;
seems intent on If at#~3 ~ were barred from employment ar
red oP `~">p * " ~4, « political participation by statute-
What is :,:,w ..9Sg , . ~ t'' \l~ or in' which the state acted to re-
3beul fns methods is this: W ~ ~ " ~ ~ ~h« !l r ` ~ Strict their access t0 public aCCem-
day, speaking to a of homo- a v~ . modationa
seauals in Denver about the Tues- ~f
Jf~ro Congress ~m~t consider theser
day vote;' he grandly anaonaced r diff:,
that the 14th Amendment to the A „ w:, the act may mt
U.S Constitution grates protection - R ~;;:fs ~ be amended is that the effxts ad '
to hum , , ohs: 13e' wtts• 9a~,T - :R the amendin~t would be quite far
echoed by Rep. Pats SS d . , t'w,;' , " ~y ~ , reaching and very likely set off .
whom, years hoe be~la ilia, ,e' ~ . new . s of litigation. Addition
vanguard-of those whowaat to.it . A ~ ~ ~ . of "sexual, orientation" to the act
move the lA3llta~)~ ~ ls> . ,b s:^, . 1. yb~"'`~° - - ' ' bl would raise a whole earl-~
~k-`; P~ y
sen>a1s, F" .`s~7,,,,, ~ ~ ~ ~ ~ ~ r ety ~ Oilier legal and SOCial fltleo--:
Both. Rams: and=S w. . sire' ; ~ t , eRt
• ? , ~ ~ K?a tuna; affecting the long-staadia~.-
(o J b7" ~ ~ ; ~ ~ ; ~y_~ ~
lion Of marriage, the lane d
say : ' g-.Uke ~ # hfi.the~ a l s;" " may tie jadnt :tax le''~:
ring od authaa•Itjr 1lp,fict, ths,aad~ ~ , j • . ' ' ~ turn. Who may inherit Social 3eev
:.ace applasrdeSbot$ltatente~t, : 3•~ city beaetts, who may be entitlei~r+
Both. Romer and Schroeder y; • , le gpp~al health Care wm~ ; ;
should tnoW better. 3> . ~•.,;;;.3 ~ '~aay adopt, and many other maR==y I -
The 1984 Civil RiB'~ w~' ~ - ~ tars. Congress will wish to coa~der
is the principal eaerciae of cum l ~ ~ , _ i ~ ~ these and other possible lmpllca.~~
gressional power Hader the 3 ffi' ~ ` ~
~ r , - tloffi Ot the 8cl ea Well. >au z
Amendment, prohibits diberimllha- ~ i
lion based on an individual's "race, ~ , ~ ~ thetpoor qua~ty of now to lamedt;- .
color, tell '
gron, sea or national oi~:* y ship by the i. ~ He s6ou18 be.t+' ~ .
gin." The act does sot Indnde as:~-« , :.J....ed of hh obligatl~ to ~e~;; .
ual orientation as~a ca °~.c, and.. = rapt the direction of the voters sod.;;:
many attempts Dy. h : a s,,. l.w , his duty to uphold the atate's•eos~'':x
plaintiffs tti vin prof.: e~ u~ ma~dla~ns~looiddg~ to~'the, lar id .,,,.,.Ito first based ou race stitutton. „
the act have~¢een reed ~fedr ` ar°~tathe.l4th A : ~ t or ethnicity To the extent he lies allowed hiab~
eral courts ~ ~ - ~ are'-hioking-te a~' Given tbsp Deaisocratic Congress,. judgment to 6e colored bg kts p r ~
Romer ak~3chr~eder-both ktigw~ _ g~, Ate. anQ Clintaa's4 eteetto~`the t- lame ova ttu, detest af">iis wig' ,
or should that- is the ~ Jusl; thia~Iaat election, linen u r• went may pats, aud` if'.it does !t tea increase (Amendment 8) end ; ,
son why there ia' 6nort ~ ~ ual' ~ , . uat•-enactetf b;s .
l nriillom into- , will , overrfde> the j disappointment over the re
ear' h1~' l~'~. r.
q~ • lino of his vlewft'o>f Arnendmentltlaw
y ~~~farada•'ti~.:: t4~pledged to work for It is also• to ~ -
1964 Civil Rights !lM t'o include because he has le that Con• and E, Romer risks an even shatpN~°
sexual on Cam, f~ ov~t. a. national glvlag ho- . greys, for two gopd an4.valld rce- er erosion of hiptalready
15 ycar4.t~
.~~fail~. ioala p statav Simi- s0. will agaia~efnae to-pass ttie lobed popular ep~al. " ~+r
fit.. ~
• ~ .ter.
d -THE COLORApO HOYSE FOR 1993
¦ Steve Acquslresee,R-Cedaredge Denver 80229
Commercial fruit.grower ~ Capitol 866-2904
2290 Road S District 34
Cedaredge 81413 ¦ David Owen, R-0reeley
(303) 856-6358; Capitol888-2955 Businessman
Distnct 58 < 2722 Buena Vista Drive
¦ Jeanne Adkins, R-Parker Greeley 80631
Freelance Journalist ° (303) 330-96~; CapBOI 866.2943
6517 N. Pinewood Drive ,::>.;,<::.~,:>;..x„ District 48
1
Parker 80134 ¦ Phil Pankey, R-Littleton
(303) 841-8829; Capitol866-2938 in ~n n~ Business consultant
DtsVtcl84
¦ Vickie Agler, R-Littleton .5763 Shasta Circe
Legislator ~L""t~ ~ Littleton 80123
10289 W. Burgundy Ave.' n (303) 798-5873; Capito1866-2953
Littleton 80127 I III I District 38
(303) 973-1987; Capitol886-2939 ¦ Penn PfiHner, R-Lakewood
District 28 Consulting economist
¦ Debbie Allen, R-Aurora , ~ 38 S. Zinnia Way
Owner of comppuser software 6rm Lakewood 80228
923 S. Ourey St (303) 988-3717; Capitol 866-2904
Aurora 80017 T H E District 23
1303) 695-4920; Capitol 866-2904 ¦ Jim Pierson, 0.Arvada
District 43 leacher
¦ Nonna Anderoon, R-Lakewood , • 6833 Welch Court
Small businesswomen Arvada 80004
10415 W. Hampden Ave. (303) 431-8459; Capitol 866-2904
Lakewood 80227 District 27
(303) 986-0397; Capitol 866-2927
District 30 (303) 759-5797 (business ¦ Den Pdrtster, D-Grand Junction
• Don Armstrong, D-Aurora DisVict 9 Businessman
Community organizer ¦ Ton Grem aas, R-Ever reen P.O. Box 3884
1757 Galena St. y p. ~ Grand Junction 81502
Aurora 80010 National affairs director, ro (303) 241-5015; Capftol 886-2908
(303) 386.7074; Capitol 866-2904 3237 S. Hiwan Drive District 55
District 36 Evergreen 80439
((303) 674-7883; Capito1886-2957 ¦ Tom Rattarree, R-Colorado Springs
¦ Celina Beneridez, 0.Denver District 25 President, Liberty Communications
Equal employment opportunity officer ~ Daphne Greenwood, D-Colorado 7312 Bell Drive
2825 W. 34th Ave. Colorado Springs 80920
Springs
Denver 80211 Economics professor (719)599-0143;Capitol866-2980
303) 477-2887; Capitol 866-2925 District t8
~istrict 5 315 N. Prospect St.
Colorado Springs 60903 ¦ Jeannie Reeser, D-Thornton
' ¦ Chuck Berry, R-Colorado Springs (719) 444-0115; Capitol866-3069 Educator
La er District 1T 9883 Pearl St.
314 Pine kve. ¦ Bob Ha, D-Aurora Thornton 80229
Colorado Springs 80906 College instructor (303) 452-1838; Capitol866-2984
(719) 634-8328; Capitol 868-2348 11633 E. Sixth Place DisVict 32
District 21 Aurora 80010
¦ Mery Blue, D-Longmont 303) 367-1994; Capitol 866.2904 ~ Peggy Reeves, D-Fort Collins
Volunteer coordinator ~istrict 42 Real estate
37 Princeton Circle 1931 Sandalwood Lane
Longmont 80503 ¦ Rob Hemapdez, 0.Denver Fort Collins 80528
((303) 772-3890; Capitol 866-2904 Software engineer (303) 482-8952; Capitol666-2917
District 12 4600 W. 36th Ave. Distnct 53
¦ Ken Chloulrer, R-laadvilie Denver 80212 ¦ Gilbert "Gil" Romero, D-Pueblo
Minerlauctioneer/small businessman (303) 458-1011; Capitol868-2954 Lawyer
Distnct 4
220 W. Eighth 1128 Catalpa St.
Leadville 80461 ¦ Tony Hernandez, D-Denver pueblo 81001
((719) 488-0008; Capitol868-2952 Marketing representative, IBM (719) 544-2920; Capitol866-2587
DisVict 61 1285 S. Clay St. District 46
¦ Drew Clark. R-Boulder Denver 80219
Teacher, small businessman D3istrict
E Capitol866-2911 ¦ Coorothe o ~epder~~Boulder
876 Dearborn Place ¦ John Irwin, R-Loveland 680 Yale Road
Boulder 80303 Boulder 80303
(303) 494-1251; Capftol866-2904 Retired
District 13 3334 Bent Drive (303) 494-0568; Capitol866-2915
Loveland 80538 District 14
¦ Mike CoHmsn, R-Aurora (303) 669-0317; Capitol868-2947 ¦ Mlke Selez, R-Trinidad
Businessman District 51 Legislator
P.O. Box 440740 124 E. Second St.
Aurora 80044 ¦ Bi11 Jerks, R-LaSalle
((303) 768.0918; Capitol866-2944 Farmer Trinidad 81082
bistrict 40 23003 WCR 39 (719) 846-9527; Capitol 866-2948
¦ Diana OeGette, 0.Denver LaSalle 80645 DisVict 47
Attorney ((303) 284-6061; Capital 868.2907 ~ peal Schauer, R-Littleton
511 17th St.. Suite 300 Distnct 49 Public relations, Gates Corp.
Denver 80202 ¦ Vi June, D-Westminster 7255 S. Jackson Court
(303) 388.2324; Capita1888-2904 Retired newspaper publisher Littleton 80122
Distnct 6 7500 Wilson Court (303) 7703872; Capito1866-2935
¦ Charles Duke, R-Monument Westminster 80030 District 39
Electrical engineer (303) 429-1161; Capito1866.2843 ~ Robert Shoemaker, 0.Cafion City
1711 Woodmoor DrNe District 35 Rancher, state parole board member
Monument 80132 ¦ Maryanne "Moe" Keller, 0-Wheat 6484 County Road 9
((719) 481-9289; Capitol868-2924 Ridge Callon City 81212
bistrict 20 Teacher of deaf(nterpreter (719) 275-6232; Capitol866-2904
¦ Jim Dyer, D•Durango 43251ris St. pig~~ 44
Seminars esker Wheat Rid a 80033
p (303) 425130; Capitol 866.2904 ¦ Carol Snyder, D-NOrthglenn
Box 5225 bisVict 24 Paralegal
Durango 81302 11756 ElaB Court
(303) 259-1942; Capitol868-2914 ¦ Peggy Kema, D-Aurora Northglenn 80234
District 59 Businesswoman
• Bob Eiaenaeh, 0.FOrt Morgan 1124 S. Oakland St (pi~).~
~7~; Capitol866-4687
Agribusiness Aurora 80012
14750 Road 16 303) 696.7178; CapROI 886.2919 ¦ Bernhard "BemN" Strom, D-Fort
Fort Morgan 80701 District 41 Collins
(303) 867-7094; Capitol886-3704 ¦ WeYne Kraz, 0.Denver Community planner
District 65 Retued teacher 525 Spring Canyon Court
¦ Lewis Ent:, R-Hooper ~ 761 S. Te'on St. Fort Colifhs 80525
Farmer Denver8~223 (303)223-9900;CapROl 866-2904
1016 N. 11th Lane (1303) 934-8707; Capito1866.2921 District 52
Hooper 81136 DisV~d 3 ¦ Pat Sullivan, R-Greeley
(719) 754-3750; Capito1868-2963 ¦ Menhe Hi9 Kreutz, R-Englewood physician
District 60 Real estate agent 2411 19th Ave.
¦ Mery Ellen Epps, R-Coloredo 8023 S. Believe Way Greeley 80631
Littleton 80121
Springs 303 741-4661; Capitol 868.2904 ~3sVlct5(166; Capitol 866.2929
Former business owner
217 Dexter St. istnct 37
Colorado Springs 80911 ¦ Michelle L. : . a, R-Arvada ~ Jack Taylor, R-Steamboat Springs
(719) 3923881; Capito1886.2946 Small businesswoman Independent businessman
District 19 8382 De w St. P.O. Box 5658
¦ Jeanne Featz, R-Denver Arvada 8000.3 Steamboat Springs 80477
College instructor (303) 420.7654; Capttol 868.2950 (303) 879-1880; Capitol868-2904
2903 S. Quitman St. bistrid 29 D~stric156
Denver 80236 ¦ Glenda Swanson Lyb, 0.Denver ¦ Gloria Travis Tanner, 0.Denver
(303)935.6915;Capfto1866-2966 Professional planner Real estate agent
District 1 2080 Emerson St. 2150 Monaco Parkway
¦ Faye Fleming, R-Thomson Denver 80218 Darner 80207
Paralegal Capitol 866.2904 (303)355-7288;Capito1868-2909
12424 N. Ash St. District 8 DlsMct 7
Thomson 80241 ¦ Bill Martln, R-Colorado Springs ¦ Bill Thkrbeut, 0.Pueblo
(303) 450-~48; Capitol 868.2918 Retired oral surgeon Lawyer
DisVict 31 3110 Lees Lena 76 Ouke SL
¦ Tim Foster, R-Grand Junction Colorado Springs 80909 P.O. Box 262
(719)634-8729; Capitol 866.2985 Pueblo 81005
593~elage Way istrict 18 (719) 5443822; Capttol 886.2922
Grand Junction 81503 ¦ Ron May, R-Colorado Springs District 45
(303) 245-8440; Capitol 86&5525 Computer tAnsultaM ¦ Sbirleen Tucker, R-Lakewood
DisVict 54 730 Citadel Drive E., 5-201
Colorado S rin 80909 Small businesswoman
¦ Douglas Friednash, 0.Denver p ~ 615 S. Eldridge St
Lawyer (7 19) 591-8620; Capitol886-2904 Lakewood 80228
3371 S. Magnolia St.. DISVICt 15 (303) g88-0118; Capirol 868-2923
Denver 80224 ¦ R.D. "bud" Moelkmberg, R-Kirk Distnct 28
1303) 758-6715; Capitol 868.2904 Farmer/rancher to Samuel Williams, D-Breckenridge
Distnct 10 6946 County Road R
¦ Russell George, R-Rifle Kirk 80824 Real estate broker
Le er ((303) 362-4391; Capitol 886.2940 Box 2236
1300 E. Sevehth SL bisV~ct 63 0982 High Point DrMe
P.O. Box 1553 ¦ Marcy Morrison, R-ManROU Springs Breckenridge 80424
Rifle 81850 " County commissioner (303) 453-1588; Capito1866-2920
(303) 6253778; Cepito1866.280t 302 Sutherland Place DisVict 62
istrict 57 (Manitou Sppringgs 80829 ¦ Ruth Wright, 0.BOUtder
¦ Ken Gordon, 0.0envar bi ~6t1S~5929; Capitol 886.2904 1440 High St.
Lawyer
2323 S: Jackson St ¦ Allee Nichol, D-Denver Boulder 80304
Denver 8(1210 Retired school secretary (303) 443-8807; Capitol866-5523
CCapitol 868.2904 .F . 891 E. 71st Ave.. r District 11 , ,
,.3
TIME COLORADO SENATE FOR 1993
¦ Don Amertt, A-Iliff District 4
Farmer/rancher ¦ Ray Powers, R-Colorado Springs
Route 1, Box 142 Rancher, businessman
Iliff 80736 5 N. Marksheffel Road
(303) 522-8205; Capitol 866-4866 Colorado Springs 80929
District 1 ~ ~ (719) 596-1055; Capitol 866-4866
¦ Mike Bird, R-Colorado Springs ~ . ~ ~ District 10
Economist ~ r
5810 Spurwood Court ~ ¦ James Rizzuto, D-Swink
Colorado Springs 80918 ~ Box p15sman
(719) 594-9206; Capitol 866-2587 La Junta 81050
District 9 (719) 384-8388; Capitol 866-2587
¦ Tiiman M. "Tillie" Bishop, R-Grand , „ , District 2
Junction ~ ¦ Jim Roberts, R-Loveland
College administrator I I I Businessman/lawyer
2697 G Road 633 W. Sixth St.
Grand Junction 81506 Loveland 80537
(303) 242-9230; Capitol 866-4866 (303) 663-1737; Capitol 866-4866
District 7 District 15
¦ Tom Blickensderter, R-Englewood , ~ ¦ Steve Ruddick, D-Aurora
Lawyer Criminal prosecutor
En aewoo boil0 T H E 1031 Sable Blvd.
g Aurora 80011
(303) 758-0146; Capitol 866-4866 (303) 360-0715; Capitol 866-4865
District 26 District 29
¦ Lloyd Casey, D-Northglenn ~ ¦ Bob Schaffer, R-Fort Collins
Quality engineer Small business owner
10434 Carmelo Lane 3284 Silverthorne Drive
Northglenn 80234 Fort Collins 80526
(303) 452-8515; Capitol 866-4865 (303) 223-7805; Capitol 866-4866
District 23 6462 E. 63rd Ave. District 14
¦ Sam Cassi D-Pa osa S rin s Commerce City 80022
g P g (303) 287-8111; Capitol 866-4865 ¦ Bill Schroeder, R-Morrison
Attorney/photographer District 25 Property acquisition officer
P.O. Box 129 4420 S. Braun Court
Pagosa Springs 81147 ¦ AI Meiklejohn, R-Arvada Morrison 80465
(303) 264-2117 (business); Capitol Lawyer, certified public accountant (303) 697-8321; Capitol 866-4866
866-4865 7540 Kline Drive District 22
District 6 Arvada 80005 ¦ Ma Anne Tebedo
(303) 422-2092; Capitol 866-4866 ry , R-Colorado
¦ Michael Feeley, D-Lakewood District 19 Springs
Attorneyy Parliamentarian
866-G S. Reed Court ¦ Jana Mendez, D-Boulder 1916 Snyder Ave.
Lakewood 80226 Senator Colorado Springs 80909
(303) 399-1122; Capitol 866-4865 4841 Baldwin Place (719) 471-2561; Capitol 866-4880
District 21 Boulder 80301 District 12
¦ Dennis Gallagher, D-Denver (303) 442-7110; Capitol866-4865 ¦ Claire Tra I g
College professor District 18 Legislatory or, R-Wheat Rid e
2511 W 32nd Ave. ¦ Richard "Dick" Mutzebaugh, 4045 Field Drive
Denver 80211 R-Highlands Ranch Wheat Ridge 80033
(303) 477-7089; Capitol 866-4865 Lawyer (303) 424-1737; Capitol 866-4866
District 34 9965 S. Wyecliff Drive District 20
¦ Regis Groff, D-Denver Highlands Ranch 80126
Retired school adrrlinistrator (303) 791-4063; Capitol 866-4866. ¦ Larry Trujillo Sr., D-Pueblo
2079 Albion St. District 30 Small business owner
Suite 425, United Bank Building
Denver 80207 ¦ Tom Norton, R-Greeley Pueblo 81003
((303) 320-0495: Capito1866-x865 Consulting engineer (719) 542-6912; Capit01866-2318
District 33 1204 50th Ave.
¦ Sally Hopper, R-Golden Greeley 80634 District 3
Legislator (303) 353-5360; Capitol 866-4866 ¦ Dave Wattenberg, R-Walden
21649 Cabrini Road District 16 Rancher
Golden 80401 ¦ Bill Owens, R-Aurora Drawer 797
Ca itol 866-4873 Walden 80480
P~ Association director (303) 723-4577 or 723-4326; Capitol
District 13 15928 E. Mercer Circle 866-4866
¦ Joan Johnson, D-Adams County Aurora 80013 District 8
Public relations consultant Capitol 866-4866
7951 York St. No. 3 District 27 ¦ Paul Weissmann, D-Louisville
Denver 80229 ¦ Bob Pastore, D-Monte Vista Bartender, Blue Parrot Restaurant
(303) 288-9237; Capitol 866-4865 Attorne 822 LeFarge Ave.
District 24 y Louisville 80027
536 Swede Lane (303) 673-0191; Capitol 866-4865
¦ Elsie Lacy, R-Aurora Monte Vista 81144 District 17
City councilwoman (719) 852-2795; Capitol 866-4853 ¦ Jeffre Wells R- p g
11637 E. Mexico Ave. District 5 Y Colorado S rin s
Aurora 80012 ¦ Ray Peterson,D-Denver Attorney
(303) 750-5943; Capitol 866-4866 Educator 524 S. Cascade, Suite 1
District 28 Colorado Sprin s 80903
2223 S. Raleigh St. (719) 471-4110~business); Capitol
¦ Donald Mares, D-Denver Denver 80219 $66-3341
-Attorney ~ (303) 935-9291; Capitol866-4865 District 11
2441 Perry St. District 32 ¦ Dottie Wham, R-Denver
Denver 80212 ¦ Linda Powers, D-Crested Butte Legislator
(303) 433-3559; Capitol866-4865 Retail store owner 2790 S. Hlgh St.
istrict 31 Box 2300 Denver 80210
¦ Bob Martinez, D-Commerce City Crested Butte 81224 (303) 757-0615; Capitol 866-4886
Program director (303) 349-5798; Capitol 868-4865 District 35
. R~'~EIV~~ oGr ~ 3 ,
L~
"Voice of the Western Slope, since 1953"
A coalition of counties, communities, businesses & individuals
303 / 242-3264 ~t FAX 303 / 245-8300
P.O. Box 550
Grand Junction, Colorado 81502-0550
EXECUTIVE OCtOber 20, 1992
COMMITTEE
Doug Lockhart
Chairman, Grond Junction
awl Needham Town of Vai 1
Chalnnan-elect, Granby
LaMoineBrotvn 75 South Frontage Road
Secretary, Montrose Vai 1, Colorado 81657
Mike Nyikos
Treasurer, Grand Junction
Peg Rector
Past Chairman. Rangely Dear Friends
Bill Bauer
Region 9, Cortez
BobDeeker We are writing to ask for your help in opposing proposals to
Region 10, Gunnison spend state funds on roads into the new Denver airport.
Eleven Cerise
Region 11, Carbondale
~~~'°h"s°n As you know, organizations and people throughout Colorado have
Region 12, Redstone
been promised for two years that there would be no state fronds used
SPECIAL to build any part of this new airport, including roads. Governor
APPOINTEES
Dan Noble, Norwood ROmer personal 1 y made that proa-nise to the CLUB 20 Board -over 50
JcePrinster,GrandJunction people frCml 20 counties - in May, 1991. The promise was re-
Sam Suplizio, Grand Junction ~ by Mayor Wellington Webb at our convention last February,
Don Berry, Lake City affi,.ttt
and again in a letter from Denver on June 5, 1992.
BOARD
of Nevertheless, the Colorado Transportation Commission now has a
DIRECTORS request to rase state highway funds -funds badly needed throughout
Archuleta:
Sam Cassidy. Boh F°mwak. Colorado; funds not in the five-year plan -for airport access.
Jerry Maninex AIld the Governor has asked the Legislature for $25 million far the
Delta:
Thelma Stainer,
Harm°n I-«,man same purpose .
Dolore .
Delia Reeder
Tom Ham~eKe~r N°rman All of Colorado is not at fault for Denver's poor planning.
~°"```d Nor should the rest of the State have to solve the problem with
Mahan Smnh.
George Mi"G:a_^a,...p Vavgha,i scarce public funds now. Rather, we are insisting that promises be
°'`k`a°"~'d kept, and we hope you'll join this effort. If you agree, please
Duc u
R,~'"~;;,a"e,,;, contact the Colorado Transportation C~.,t~tLLSSl.On and your Legislators
Vince Rogalski, John Roberts and tell them you oppose both requests.
Htrodale:
Hubert laird. Perk Vickers
.le<kaon:
Robert Carlstr°m, I am encl ooing a copy of the 1 attar we received from Denver in
Dennis ennkar
aka: June, and a "draft" sample letter you could send if you feel
Jack Saunders. F~ O'Loary
t.pwte: comfortable doing so. Please let us know your thoughts on this
J. Paul Brain, Gerald McDaniel
M.>e: important issue. We believe it's one we can win, especially with
Doralyn Genova,
Mike Nyikos, Paul Nilson support from throughout Colorado. Many thanks for joining the.
Mo(6t:
Tom I.eFevre. Tom Mathes fight far fairness .
Montezuma:
Bill Bauer, Gerry Wiltgen
Montrone:
IaMoine Brown, Dnve Logan incere ,
Ouray:
Chick Rehm, Berbera Mores, ~f
Dennis Reece f
PRkin: ~G//
Eric Johnson, Eve Homeyer
Rio Blaneo:
Nick Theos, Dave Smnh G a 1 eher
Routt:
`ra`g W"liams. esident
Jim Whiteman, Mary Brain
San Miguel:
Bill Wenger. John Amold
Summit:
Jue Sands. Tom Glass,
Rich Isvengood
PRESIDENT
Greg Welcher
r RECEIVED OCT 2 3
NOUN
. , C t' l~ ~ AND C OIJIV' 1' ~ OF DENVER
DEPART4IENT OF PUBLIC WORKS DIRECTOR OF AVIATION
SEA1. CITY AND COUNTY OF DEWER
WEWNGTON E. WEBS Tune 5, 1992 STAPLETON INTERNATIONAL AIRPORT
Mayor TER,~IINAL BUILDING
DENVER, COLORADO 8020?
Greg E. Watcher, President PHONE: (303) 270.1200
Voice of the Western Slope
P.O. Box 550
Grand Junction, CO 81502-0530
Dear Greg:
I an in receipt of your letter to the Colorado Transportation Commission dated May 28, 1y92.
Although I am unfamiliar with the memorandum from Adams County administrator, Randy
Brodersen to the DRCOG Task Force on Metropolitan Transportation Finance, to which you
refer, I wish to make it clear that no state funds are being used for construction of Denver
International Airport and no state funds have been requested for roads for the new airport. In
fact, the City is spending $25 million on roadway improvements in Adams County as part of the
New Airport project.
r
You refer to increases in landing fees at the new airport. The projected landing fee at the new
airport is $2.28 per thousand pounds of landed weight in 1995 dollars, which equated to $1.67
in current dollars. This compares to 19921anding fees of $1.88. I think you will agree that this
is a very reasonable landing fee for a facility with the most efficient airfield in the country.
We have seen previous ref~.;,.~ce to significantly higher landing fees at the new airport. I do
not know the source of these reports, but I would be pleased to discuss this further if there is
confusion on this issue. While various passenger growth scenarios have been evaluated for i
feasibility studies, none of these scenarios cause a doubling of landing fees over current levels.
The landing fee levels at the new airport are a direct result of strong federal support of the
project reflected in federal grant revenues that offset the cost of providing new airfield capacity.
All the air carriers using the new airport will benefit from a reduction in delay costs caused by
congestion in the air and on the ground at the curre~it iaciiity.
We are sure that the people of the Western Slope will find the new facility convenient to use and '
that enhanced access to Western Slope communities will be good for business and tourism in
those communities.
Sincerely,
/ ~ ~ ~ "S~ri~~
William E. Smith
Director of Public Works ~
WES/dgm 1
U
November 9, 1992
Colorado Transportation Commission
4201 East. Arkansas Avenue
Denver, Colorado 80222
Colorado Legislators
Colorado State Capitol
Denver, Colorado 80203
Dear Whomever:
We understand you have heard from CLUB 20 in opposition to the
proposed use of State funds for the Denver airport access. We
would like you to know we support CLUB 20's position.
When the Denver airport was first being touted as a major benefit
to all of Colorado, our citizens were assured that no State funds
would be needed to build any part of it, including roads.
The funds being requested to construct roads into the new airport
are funds badly needed throughout our State. This request would
thwart the planning process and deny badly needed improvements
throughout Colorado. There was concern even at the inception of
the Denver airport proposal that changes in philosophy regarding
State highway expenditures could change, although we did not
strongly protest construction of a new Denver airport. The tacit
support from throughout Colorado was based on certain
understandings about assured access for the rest of Colorado, and,
further, the fact that State funds would not be used.
We want you to know we expect these understandings to be kept,
including the promise not to use State funds. Please do all you
can to oppose the request now pending, and any other request for
State funds you may receive for Denver airport access. Thank you
for considreing our position on this matter.
Sincerely,
TOWN OF VAIL
Margaret A. Osterfoss
Mayor
6- 1 ~ t=om t"' f3 ~ J ~~u~L
r~~~~~~\ National 1301 Pennsylvania Avenue N.W. OHkers(((~~~
:~~~Va
rl~~" U it `J~ League Washington, D.C. President
~ ~ Ot 20004 Glenda E. Hood
CttiBS (202) 626-3000 Commissioner, Orlando Florida
First Vice President
November 3 , 19 9 2 Fax: (202) s2s-3oa3 ponald M, Fraser
Mayor. Minneapolis, Minnesota
Second Vice President
Sharpe James
Mayor, Newark, New Jersey
The Honorable Margaret A. Osterfoss Immediate Past President
Mayor Sidney J. BarMelemy
Mayor, New Orleans. Louisiana
75 South Frontage Road
Vail Colorado 81657 ~`~"""~0ir~°`°r
Donald J. 8orut
Dear Mayor Osterfoss:
On behalf of President Glenda Hood and members of the Board of
Directors, I want to welcome you back to the National League of
Cities. Your community has rejoined over 1,400 other direct
member local governments in working with NLC.
This will acknowledge NLC~s receipt of $697.00 for payment of
membership dues for the period of November 1, 1992 through
October 31, 1993. You are now eligible for all NLC benefits.
First, your membership entitles your town to a voice in setting
the National Municipal Policy. Through NLC's permanent policy
committees and the annual business meeting at the Congress of
Cities, you can help guide the direction of NLC and shape the
substance of its projects. In addition, membership entitles you
and the other officials and staff to the membership discount rate
for conference registrations and NLC publications. Regular
copies of Nation's Cities Weekly will keep you abreast of - -
developments that affect your community.
In approximately thirty days, you will receive a questionnaire
that asks basic information for your membership record. By
responding to this questionnaire, you and the other government
officials will be included in future editions of NLC's Director~r
of City Policy Officials, a copy of which is enclosed.
We look forward to being of service in the months and years to
come.
Sincere ,
D al J. orut
Executive Director
cc: Town Manager Rondall Phillips
Past PnsMerrtr: Tom Bradley, Mayor, Ins Angeles, California • Fard L.I.. ,Mayor, Scotlantl Neck. North Carolina • Cathy Reynolds, Councilwoman~at•Large. Denver. Cobrado • Olreetors:
Joseph L. Adams, Councilmember, University City, Missouri • Victor Ache, Mayor, Knoxville. Tennessee • Barbara M. Asher, Councilmember, Atlanta, Georgia • MarysM Canon Barrett, Council
Member. Jackson, Mississippi • Kenneth Bullock, Executive Director, Utah League of Cities and Towns • Jame V. Buryssa, Jr., Executive Director, Georgia Municipal Association • Wllllam
D. Bumey, Jc, Mayor, Augusta. Maine • Jon C. Burrell, Executive Director, Maryland Municipal League • Patrkla Castlilo, Mayor, Sunnyvale, California • Paso Chavez, Councilor, Santa Fe,
New Mexico • Lary D. Cale, Mayor, Beaverton, Oregon • John G. Cumn, City Council President. Rochester, New York • Beth BoaWb DMa, Alderman, Evanston, Illirwis • Thonraa G. FI „ , ,
Executive Director, Illinois Municipal League • Martin Gipson, Alderman. North Little Rock. Arkansas • liardeq Gllk*apls, Council President, Gary, Indiana • Ykk{ N. tioWbaum, CounciMOman~
Southfield. Michigan • Charles K. Haama, Mayor. Rochester, Minnesota • Wllllem Jsrockl, Executive Director. Association of Idaho Cities • L J. Kelly, Mayor Daytona Beach, Florida
• Bob Knight, Mayor, Wichita, Kansas • Chrlatophsr G. Lockwood, Executive Duector. Maine Municipal Association • Gary Marlrsnson, Executive Director, Missoun Municpal League • JaMrsy
T. Marldend, Mayor. Urbana, Illinois • Gary McGleb, Mayor. Abilene. Texas • Meyers Obamdorl, Mayor. Virginia Beach. Virginia • JudRh P. Olson, Councilmember, Madison, Wisconisn
Charles J. Pasqua, Executive Director, Lowsiana Municipal Association • Elaine A. Plalzgraf, Councilmember, Cedar Falls. Iowa • Sandra Pidtett, Mayor Pro Tempore, Liberty, Tares • Mark
Schwartz, C°uncil Member, Oklahoma City, Oklahoma • Wifilam F. $talhllOrtll, Councilman. Biloxi. Mississippi • Daniel K. Libor, Councilmember. Inglewood, California • Paul E. Ti ,
Councilmember, Vienna. West Virginia • DorU Ward, Supervisor, San Francisco. California • Wrllirrgton Webb, Mayor, Denver, C°lorado • Mary Rose Wlkza, Counciwoman, Phoenix, Arizona
• RIIIaatIM R. Wllldns, Councilwoman. Muskegon Heights. Michigan • AIICS K. WoH, Mayor, Cambritlge, Massachusetts • Robert G. lburrg, Jr., Mayor, Henderson, North Carolina
Recycled Paper
- AGENDA ~ /
- REGULAR MEETING ,i
VAIL PARK & RECREATION DISTRICT
dba VAIL RECREATION DISTRICT
BOARD OF DIRECTORS RECEIVED NOV - 9.199'1
3:00 PM
WEDNESDAY, November il, 1992
VAIL TOWN COUNCIL CHAMBERS
3:00 PM Call to order
Approval of Minutes: October 14 and November 2, 1992 (see
attached)
Public Input
1. VA possible use of Ford Park Tennis Center - Chris Ryman (see
attached)
2. A.F.H.L. Hockey League's Use of Dobson - Heber (see attached)
3. Rink Board Sponsorship - Chastain/Heber (see attached)
4. September Financial Report & Golf Revenue Report -
Jones/Robinson (see attached)
5. Board Meetings on Nov 25 & Dec 9 (move to Dec 15), Retreat on
December 2 & 3
6. Affects of Amendment #1 (see attached)
ATTACHMENTS: Minutes: October 14 and November 2, 1992
Robinson Memo-Chris Ryman, VA
Heber Memo-AFHL Hockey League
Chastain Memo-Rink Board Sponsorship Pricing
Monthly Financial Variance Report
Year-End Golf Revenues
Amendment One Implications
Fringe Benefits = FYI
Public Officials-Errors & Omissions Insurance - FYI
Corporate Sponsorship Update - FYI
Chris Ryman letter. - VA Corp sponsorship - FYI
Bill Hampton letter - FYI
Newspaper Article-New Dobson Program On Tap - FYI
Bathroom Project Tap Fees - FYI
vmrd\agenda
xINUTES
_ REGULAR MEETING
VAIL PARK i RECREATION DISTRICT DBA VAIL RBCRBATZON DISTRICT
Octob.r it, 1992
MEMBERS PRESENT: Colleen McCarthy, Hermann Staufer, Gail Molloy, Lew
Meskiman, Ken Wilson
MEMBERS ABSENT: None
OTHERS PRESENT: Rob Robinson, Brian Jones, Tracy Trujillo
CALL TO ORDER: The meeting was called to order at 3:00 PM. McCarthy
made a motion to go into executive session to discuss
the PAR 3 golf contract, seconded by Staufer, passed
unanimously. At 3:40 PM Meskiman made a motion to go
out of executive session, Molloy seconded, passed
unanimously.
APPROVAL OF
MINUTES: McCarthy made a motion to approve the minutes from
September 9 & 30, 1992, as presented, seconded by
Malloy, passed unanimously.
PUBLIC INPUT: None
UPDATE ON ATHLETIC
FIELD LAVATORIES: Foster joined the meeting and reported on the status
of the Athletic Field Lavatories. The Board of
Directors of the Northwoods Condominiums met twice and
voted against allowing the Vail Recreation District
access across their land to the electrical box. VRD
will have to absorb the cast.' Ken suggested we ask
players and users of the field to volunteer and help
rock the facility, Foster noted that the players were
already talking about a fund raiser for this purpose.
1993 FEE SCHEDULE: Robinson distributed an. October revenue update for
the Vail Golf Club (see attachment Aj which showed
where we are financially compared to last year's
revenue.
Garnsey joined the meeting at this time and a handout
was given to the Board members regarding Hotel Golf
Fees (see attachment B) which included an analysis of
hotel and non-hotel rates with different price
scenarios. Rob discussed the pros and cons of adding
carts on to golf fees as opposed to having carts
optional. Staff's recommendation is not to add carts
but have them optional. Discussion was held regarding
the rates with various recommendations. Meskiman made
a motion that hotels pay $65 greens fees, plus $15
cart fees per person for hotel guests, not charging
$10 advance reservation fee, seconded by Gail Molloy,
passed 3-2 with Gail, Hermann and Colleen for and Ken
and Lew opposed.
1
• Convention groups will be offered $55 greens fees i!
. they book their group after 2PM, must be 16 people or
more.
Senior and Junior pass holder rates should be added
the to proposed 1993 golf fees at $400.
Vicky informed the Board that this year they accepted
the Mesa Card. It was a positive program that gave
exposure of the Vail Golf Course to those who might
otherwise not play. The Board agreed and recommended
we continue the program.
Youth Services - Ken noted that the Vail Board of
Realtors are interested in becoming more involved with
kid's programs, whether it be voluntary or an annual
fundraising event. Colleen would like to keep youth
services fees the same as last year.
RESOLIITIONB: Resolution on Amendment ~1 - Staufer made a motion to
accept the Resolution encouraging all voters to vote
no on Amendment ~`1, seconded by McCarthy, passed 4-1
with Lew Meskiman opposing this resolution.
Resalution of VRD Board Member term limitations, -
• Staufer made a motion to accept a resolution that
would limit Board of Director terms of the Vail
Recreation District to two 4-year terms or eight
years, McCarthy seconded, passed 4-1, with Lew
Meskiman opposing the resolution.
MEETING RESCHEDIILE: McCarthy made a motion to change the October 28, 1992
work session meeting from 7:.30 AM to 5-8 PM on
November 2 , 19 9 2 at the Va i 1 Town Counc i 1 Chambers for
public input session on our 1993 Proposed Fee
Schedule, seconded by Meskiman, passed unanimously.
ADDITIONAL ITEMB: The board suggested the staff look in to the Vailfest
location being changed to a different location for
more space, possibly Gold Peak.
McCarthy suggested that Dennis Nichols be commended
for a good job on the Nature Center/Outdoor Recreation
Report. Robinson indicated he agreed and, in fact,
already sent such a letter to Dennis.
The board was given their 1993 budget books and
Robinson explained how to read them plus the budget
information in preparation of next week's budget
meetings.
.sit,`.:. -
1?DJOIIRMZl~..~.: Stauler made a motion to adjourn, Molloy seconded, -
passed unanimously. The meeting was adjourned at 5:30
PM.
Ken Wilson, Chairman
Colleen McCarthy, Secretary
Gail Molloy
Hermann Staufer, Vice Chairman
Lew Meskiman
Tracy Trujillo, Admin. Clerk
' xxxoTEa
SPECIAL MEETING
VAIL PARK ~ RECREATION DISTRICT dba VAIL RECREATION DIBTRICT
NOVEMBER 2, 1992
MEMBERS PRESENT: Colleen McCarthy, Ken Wilson, Hermann Staufer, Lew
Meskiman, Gail Molloy, Ken Wilson
MEMBERS ABSENT: None
OTHERS PRESENT: Rob Robinson, Brian Jones, Lori Aker
CALL TO ORDER: The meeting was called to order at 3:00 PM.
APPROVAL OF 1993
FEES: Robinson indicated that the Board and staff have been
developing the budget. Holding this fees hearing and
passing final approval on the 1993 fees is yet another
step in completing the budget process.
DOBSON FEES - No public input
YOUTH SERVICES, POTPOURRI DAY CAMP, YOUTH SPORTS
CAMPS, GYMNASTICS FEES - No public input
ADULT SPORTS PROGRAM FEES - No public input
TENNIS FEES - No public input
NATURE CENTER FEE - No public input
VAIL OUTDOOR ICE RINK FEES - No public input
GOLF FEES: Wilson indicated that golf fees are
similar to last years with the exception that they
have added a few passes and increased hotel fees from
$45 to $65 (the fee was $55 in '91). This increase
centered around the hotel input last year that cost is
a non-issue for their guests, but availability is.
Hotels will have more time allocated next year for tee
times.
The Westin Hotel's representative wanted to know how
tee time availability will be increased by raising the
hotel fees. Robinson explained that fees do not
determine availability, but VRD has increased their
percentage of available tee times for hotels. The Rep
feels the increase from $45 to $65 is too much. He
}
also would like the District to become more
accommodating with shot gun starts - it would be
easier for the Westfn to attract additional golf
groups if shot guns were more readily available.
Pam Stenmark of the Evergreen thanked the VRD Board
members for their great accommodations this past
summer. She is opposed to the $20 hike to hotel green
fees and feels going up $10 would be a better choice.
Kathleen Stern of the Vail Racquet Club did not have
a problem getting her quests on the course this past
summer and she too would feel better if the fees were
only increased to $55.
Hermann Staufer stated that VRD is the lowest priced
golf course in the valley and they have put tremendous
improvements into the course i.e. a new irrigation
system, tee boxes etc., and he feels the $65 rate is
very reasonable.
- Wilson wanted the hotels to clearly understand that in
1991 the hotel rate was $55, then in 1992 at this same
meeting last year the Board lowered the rate to $45
which was an encouragement to the hotels to really
market golf packages. This did not occur and VRD
financially lost a great deal on the hotel fee in
1992. Therefore in 1993 they want to raise the fee
back to $65 which is only a $10 increase from 1991.
McCarthy reported to the hotels present that this past
summer she had telephoned 6 local hotels asking what
there was to do in Vail. One of the 6 hotels offered
to help her with golf reservations. She was very
disappointed in the job the hotels did marketing 1992
summer golf packages.
Meskiman indicated that some merchants are also
opposed to a $20 increase in the hotel rates.
Steve Satterstrom was present and indicated he
supports an increase in the hotel rate to $65 - having
the fee standardized greatly simplifies the system for
~ the customer.
The hotels represented at this public meeting thought
it would be a'good idea to meet with the hotels
- throughout Vail to let them know of VRD's policies.
~~a: ~ - Robinson indicated that VRD did on three occasions
attend the VRA meetings to pass along VRD fees and
policies and the golf course manager also met with
each hotel individually and sent multiple letters to
- the hotels directly.
Tom Allender was present and indicated he represent
local golfers and they are in support of the hotel
rate. He does not want rates increased at Vail Golf
Club if the par 3 fs built. Wilson said ff the
projections are correct on the par 3, there is no need
or desire to increase fees.
Jim Osterfoss from the Roost Lodge does not want golf
fees raised any further than is absolutely necessary.
He had no problems getting on the course this past
summer. He would like the District to set pre and
post season fees and dates. Robinson indicated this
had already been done this past summer and is already
set for '93.
Lew Meskiman made a motion to amend the green fee rate
to $55 for the 1993 season, second by Staufer for
purposes of discussion.
Staufer asked how the $55 rate would affect the
budget. Robinson indicated that if the rounds remain
the same it would reduce the budget by $47,000.
Molloy would support a $55 rate if the hotels can tie
it into a package and if they offer no package the
rate would be $65. Staff indicated it is too late to
incorporate this system. Molloy wants to pursue this
for next year.
Vote: Meskiman - yes, Molloy, McCarthy, Wilson,
Staufer - no.
Meskiman made a motion to approve the 1993 fee package
(see attached) as presented by staff, second by
Staufer, passed unanimously.
VRD will work with the hotels in the spring to design
a hotel golf package and Molloy will spear head the
committee.
CONTRACT NEGOTIATIONS
NORDIC CRNTER: McCarthy made a motion to go into executive session,
second by Molloy, to discuss the Nordic Operation
contract.
Ross Davis attorney for Axel Wilhelmsen joined the
meeting. Davis said Wilhelmsen was going to be at the
meeting, but he has not arrived.
McCarthy made a motion to go out of executive session,
second by Molloy, passed unanimously.
The Board members instructed Davis to convey to
Wilhelmsen that their desire is that he should abide
(D
F
by the current contract.
ADJOURNMENT: Staufer made a motion to adjourn the meeting, second
by McCarthy, passed unanimously. The meeting was
adjourned at 7:30 PM. _
Ken Wilson, Chairman ~ Gail Molloy
Lew Meskiman ~ Hermann Staufer, Vice Chairman
Colleen McCarthy, Sec/Tres ~ Lori Aker, Secretary
vmrd\min
7
AGENDA
TO: VRD BOARD OF DIRECTORS
FROM: ROB ROBINSON
DATE: November 5, 1992
SUBJECT: CHRIS RYMAN/VA'S REQUEST TO USE FORD PARK TENNIS
FACILITY LOCKER ROOMS
Chris Ryman with Vail Associates is requesting that we rent the
Ford Park Tennis Facility basement to Vail Associates for the Gold
Peak Ski Instructors to use as a locker room.
As you might remember V.A. approached us on this issue two years
ago, but we were unable to negotiate a contract amenable to the
District.
Chris will present to the Board the amount V.A. is willing to pay.
We have NOT discussed any figures yet, however, we have discussed
a possible exchange for the Gold Peak Children's ski center which
we currently pay $7,000 as rent for the Potpourri Day Camp.
work\ryman
8
M E M O R A N D U M
T0: VAIL RECREATION DISTRICT BOARD OF DIRECTORS AND
MR. ROB ROBINSON
FROM: JIM HEBER, MANAGER OF DOBSON ARENA
DATE: NOVEMBER 2, 1992
RE: A.F.H.L. HOCKEY LEAGUE AGREEMENT PROPOSAL
Stuart Borne, president of the American Frontier Hockey League, has
presented to me an exciting opportunity for the Vail Recreation
District to host a competitive Junior "A" (17-21 year olds) hockey
team for the 1993-1994 season and beyond.
The Junior "A" team, recently named the "Vail Avalanche", would
play their twenty-eight home game schedule at Dobson Arena from
September 1993 through March 1994. The team would also use Dobson
as their practice facility. The approximate earnings from the
twenty-eight games would be $8,750.00 and the practice ice would
be $14,300.00.
There are many advantages to hosting the Junior "A" team at Dobson
Arena. For instance more exposure for the arena, increased ice
rental revenue, and increased concession and merchandising sales.
Further, the Junior "A" team will be great for the youth hockey
programs, exposing them to some highly competitive hockey.
After examining the situation I feel the advantages far out weigh
the disadvantages. The only concern would be more wear and tear
on the building due to increased usage. The impact on existing
programs at Dobson would be minimal. The Vail Mountaineers would
be the only club that would need to adjust their game schedule for
the Junior "A" team. They have already been contacted and agree
to schedule their home games when the Junior "A" team is playing
their away games. All other programs would remain intact.
Overall, I feel this is an excellent opportunity for Dobson and the
District. The largest contributing factor is over $23,000 in
increased revenue. The Junior "A" team would also bring to Vail
an exciting brand of hockey never seen in this area before.
i
VAIL GOLF CLUB JOHti A. DOBSON AREVA
30.479.2260 32I F~ l,ionsAnd Cirek
FORD TEN'~lS COMPLEX Co1ordo 8[657
ail cre io '°'~u" '°'~~T
MARKET1NGrSPECIAL EVEN7S VAIL Y~OLTH SERVICES
DISTRICT SPOf~ ~ ~ t.~ik.d circk
30J-d'79-2279 Viii. cobrado e16s7
tiATURE CE.\TER ~o-?~+~-u9z
292 ltiest Ate~dow Drive • Vail, Colorado 81657 303-479-2291
30379-2279 • FAX 303-i79-2197
Presentation to the
VRD Board of Directors
To: VRD Board of Directors
Through Rob Robinson; Executive Director
Fr+Dm: Rick Chastain; Supervisor, Special Events
Subject Rink Board Sponsorship Priang
Date: November 2,1992
Jim Heber and I have formulated a pricing scheme for logo placement on the rink boards at Dobson
Arena. The schedule is as follows.
North Side of Rink (South Facing) per panel pricing: $800 - $1,000 annually
South Side of Rink (North Facing) per panel priang: $400- $500 annually
Behind Goals per panel pricing: $800 - $1,000 annually
Panel Dimensions: Each panel measures approximately 3' x 6'. It is expected that sponsors will
purchase more than one panel. '
Cost v/panel: Full color logo stickers will cost approximately $150 p/panel. It is estimated that each
logo will last one entire year.
Branch Allocation of Sponsorship Dollars: Rink board sponsorship revenues solicited by the Special
Events branch will be split between Special Events and Dobson on a 70/30 basis. Dollars solicited by
Dobson alone will be credited 100% to Dobson.
cc Rob Robinson; Executive Director '
Jim Heber, Dobson Arena
VAIL RECREATION DISTRICT
MONTHLY FINANCIAL VARIANCE REPORT - 9/30/92
ADMIN/OPERATIONS
Administration expenses for September are under budget by $2,782
due to underspending in various account areas. Cumulative year-
to-date expenses show a favorable variance of over $15K due to
management fees and a host of other small favorable variances. We
should end up under budget by $15K or so.
OTHER
Park Maintenance is right on budget year-to-date. Non-operating
revenues are ahead of cumulative year-to-date budget by $22K.
Cumulative year-to-date debt services still shows a favorable
variance of $80K due to the pending golf course lease payment to
Town of Vail (for which we have yet to be billed).
CAPITAL PROJECTS
As the financial report indicates, the PAR 3 project is $58K over
cumulative year-to-date budget. The lavatory project's payments
lag budget by a month or two.
SUMMARY
All of the various cumulative year-t0-date budget variances add up
to a favorable bottom line variance for the District of $59K.
Including the $80K lease payment, however, yields an unfavorable
variance of $21K. Some of the favorable variances, at least, have
gone a long way towards offsetting the shortfall in golf.
OIITDOOR BRANCH
VARIANCE REPORT, 9/92
Month-to-date bottom line indicates an unfavorable variance of
$5,140. This results from a combination of unfavorable variances
from the Outdoor Programs in the amount of .$1, 198 due to small
miscellaneous items in most outdoor departments and $3,94.2 in the
Nature Center due to Labor Day revenues budgeted in excess of those
generated.
Cumulative year-to-date revenues show an unfavorable amount of
$23,550 which includes $20,813 from outdoor programs and $2,737
from the Nature Center. The bulk of the variance is from less that
budgeted duck race revenues and reimbursements from the kayak team
not yet received.
September Variance Report
Page Two
Cumulative year-to-date expenses indicate a favorable variance of
$34,220. This is a combination of saving in the Nature Center in
the amount of $9,702 due to reasons stated in previous reports and
savings of $24,518 in outdoor programs from outdoor overhead, the
nordic center and Labor Day event.
Cumulative year-to-date bottom line shows a favorable variance of
$10,672. The Nature Center shows a savings of $6,966 coming from
salaries, cost of goods and miscellaneous operating supplies. The
outdoor program indicates a savings of $3,706 coming from most all
departments.
Estimated bottom line for the year should be an approximate
($11,000) deficit vs. a budgeted ($17,688) for the Nature Center
which is a $6,688 positive variance. Other outdoor activities are
about on-schedule for a total of a $36,376 projected deficit.
1~SARRETING
Marketing expenses are within 2~ of budget for both September and
cumulative year-to-date. Expenses for the year should be right on
budget.
DOBSON ARENA
The Scott Hamilton Zce Show has been netted out from this variance
report. Figures are as follows:
Revenue $63,700
Expenses 50,750
The Month-to-date net loss for September was ($38,000) vs. a
budgeted net profit of $4,921. Contributing factors were three
cancelled events budgeted to bring in $29,500, Symphony of Sports
($20,000), 10th Mountain Division ($8,000), and a Senior Novice
Hockey tournament ($1,500).
Cumulative year-to-date actual revenues had an~unfavorable variance
of $13,500. This is largely due to our cancelled special events
in September.
Cumulative year-to-date actual expenses were under budget by
$49,550. This number is mostly due to incorrect budgeting of
employee salaries, contract labor for the Bob Johnson Hockey
School, budgeted as an expense but taken out of revenue, and
contract labor for two summer ice shows that was barely used.
Year-to-date bottom line is $39,000 better than budget.
Year end bottom line projections are at ($120,000).
September Variance Report
Page Three
SPECIAL EVENTS BRANCH
VARIANCE REPORT, 9/92
September revenue shows a positive variance of over $19K due to
VailFest revenues which were budgeted in August. Month-to-date
expenses are about $6K greater than budgeted, again due to timing
difference associated with Vailfest. Bottom line for September
thus shows a positive variance of about $13K.
Year-to-date revenue shows a favorable variance of about $3K. This
is due to higher than budgeted revenues for VailFest, Vail America
Days and Winter Carnival. Year°to-date expenses are about $20K
greater than budgeted. This is due to expense overages in a number
of areas, the biggest of which were Winter Carnival and Vail
America Days.
Year-to-date bottom line, netting out revenues and expenditures is
a positive $12K or about $17K less than budgeted.
Yearly bottom line for the Special Events Branch is expected to be
a net income of about $20K.
YOIITH SERVICES
Month-to-date bottom line shows a favorable variance of $1,600
which consists of variances spread over a variety of accounts.
Spending has been held down as a result of less than projected
revenue figures.
Year-to-date revenues are ($14,000) under budget due primarily to:
Youth Center Revenue ($6K)
Potpourri ($9K)
Baseball ($6.5K)
Gymnastics 6.2K
Year-to-date expenses are approximately $13,000 under budget due
largely to frugal spending practices. As a result of reduced
revenue production, we are aware that expenses should be less.
Some of the reduced spending figures, as compared to budget, are:
Gymnastics ($1,600) '
Youth Football ($1,200)
Red Sandstone B/A Prog. ($1,100)
Teen Center ($3,400)
Y.S. Overhead ($2,000)
Youth Soccer ($1,700)
Youth Baseball 800)
The bottom line figure is within 1.2$ of the projected figure due
to revenue and expense variances being approximately even.
Youth Services actual should look a little better than projected
figures by the end of the fiscal year.
September Variance Report
Page Four
GOLF OPERATION8.
September bottom line for golf shows an $8K unfavorable variance -
a $15K unfavorable and $7K favorable variance for golf maintenance
and golf operations, respectively.
Cumulative year-to-date revenue for golf operations shows a $77K
shortfall compared to budget. Cumulative year-to-date expenses are
right on budget. Bottom line thus shows a $77K unfavorable
variance.
The financial picture should improve after a strong October and the
Foundation's payment for the Eagle Medallions.
SPORTB i TENNIS
TENNIS
The tennis branch is now closed for the season. Both month-to-date
and year-to-date represents end of the season totals. Year-to-date
bottom line shows an unfavorable $6K variance.
Daily fees show the largest unfavorable variance over the summer.
The low revenues can probably be contributed to the many rainy days
and the 20 plus days the Ford Park Courts were under repair. The
tournament participant numbers were also down from 1991.
No month-to-date actuals were significantly unfavorable. Year-to-
date controllable expenses were all favorable with year-end expense
totals coming in all under budget.
SPORTS
Most major event and program fees should now be posted for the
year. Any revenue now will be fall Red Sandstone School program
fees and late payments from other sources. The only major
unfavorable variance year-to-date is Red Sandstone Gym Rentals.
Outside gym rental use has been minimal this year.
Month-to-date, some event expenses are posted in months not
actually budgeted, but bottom line still shows a favorable variance
of over $5K.
Year-to-date all event and program expenditures are either on or
under budget at this time. Year-to-date bottom line shows about
a $16K favorable budget variance. I see no major red flags.
VAIL RECREATION DISTRICT PG 1
SUMMARY Finrrcial Report
Month Erding SEPTEMBER 30, 1992 _
BUDGET ACTUAL CUR MTN CUM YTD CUM YTD CUM TTD 1992 1992
SEP 92 SEP 92 X OF BUO BUDGET ACTUAL X Of BUD BUDGET X OF BUO
Golf
Reverxx 168,950 173,065 102.4 1,173,750 1,096,419 93.4 1,207,000 90.8
Operation Exp 47,686 44,608 93.5 269,230 269,065 99.9 303,967 88.5
Maint Exp 43,001 58,343 135.7 304,584 330,192 108.4 381,252 86.6
Total 78,263 70,114 89.6 599,936 497,162 82.9 521,781 95.3
Terris
Reverxx 1,375 1,282 93.2 38,600 28,264 73.2 38,600 73.2
Expenses 14,623 20,599 140.9 72,585 68,560 94.5 T3,474 93.3
Total (13,248) (19,317) 145.8 (33,985) (40,2%) 118.6 (34,874) 115.5
Dobson Ice Arena
Reverwe 42,822 11,158 26.1 264,074 314,237 119.0 410,017 76.6
Expenses 37,901 49,424 130.4 400,636 399,414 99.7 593,356 67.3
Total 4,921 (38,266) -777.6 (136,562) (85,177) 62.4. (183,339) 46.5
Sports
Revenue _ 10,110 10,869 107.5 85,565 87,680 102.5 88,525 99.0
Expenses 19,979 15,003 75.1 121,720 108,035 88.8 142,614 75.8
Total (9,869) (4,134) 41.9 (36,155) (20,355) 56.3 (54,089) 37.6
Marketing/Special Events
Revenue ~ 1,250 20,572 1645.8 69,250 72,214 104.3 110,000 65.6
Spec Events Exp 3,750 9,429 251.4 39,450 59,500 150.8 48,700 122.2
Marketing Exp 10,751 10,956 101.9 100,644 102,382 101.7 127,948 80.0
Total (13,251) 187 -1.4 (70,844) (89,668) 126.6 (66,648) 134.5
Youth Services .
Reverxie ~ 4,884 5,087 104.2 118,426 104,136 87.9 146,580 71.0
Expenses 16,560 15,142 91.4 223,116 207,820 93.1 279,693 74.3
Total (11,676) (10,055) 86.1 (104,690) (103,684) 99.0 (133,113) 77.9
Outdoor Programs
Revenue 43,870 26,455 60.3 89,240 65,691 73.6 93,335 70.4
Expenses 32,020 19,745 61.7 127,818 93,597 73.2 147,400 63.5
Total 11,850 6,710 56.6 (38,578) (27,906) 72 3 (54,065) 51.6
15
YAII RECREATION DISTRICT PG 2
SUMMJIR'f financial Report
Month Ending SEPTEMBER 30, 1992
MAGET ACTUAL CUR MTH CUM STD CUM TTD CUM YTD 1992 1992
iEP 92 SEP 92 X Of BUD BUDGET ACTUAL X OF BUD BUDGET X OF BlA
Other Operating Exp:
Operations/Admin 30,%5 28,184 91.0 346,464 330,946 95.5• 436,139 75.9
Psrk Maintenance 4,048 3,875 95.7 39,168 40,632 103.7 39,418 103.1
Total Operating Rev 11,977 (26,820) -223.9 (206,510) (241,502) 116.9 (479,904) 50.3
Over (Under) Exp
Non-Operating Rev:
Interest Income 3,500 3,836 109.6 17,700 16,884 95.4 24,700 68.4
TOV Contract 54,324 54,324 100.0 423,729 423,706 100.0 543,243 78.0
Property Taxes 33,007 8,522 25.8 431,951 444,258 102.8 465,936 95.3
lottery Proceeds 1,500 2,989 199.3 5,500 7,777 141.4 8,000 97.2
Misc Revenue - 83 136 163.9 750 9,824 1309.9 1,000 982.4
Total Non-Oper Rev 92,414 69,807 75.5 879,630 902,449 102.6 1,042,879 86.5
Non-Operating Exp: ,
Debt Service 0 0 151,061 71,061 47.0 174,748 40.7
Total Non-Oper Rev 92,414 69,807 75.5 728,569 831,388 114.1 868,131 95.8
Over (Under) Exp
1 Co
VAIL RECREATION DISTRICT PG ;
SUMMARY Financial Report .
Month Ending SEPTEMBER 30, 1992
BUDGET ACTUAL CUR MTN CUM YTD CUM YTD CUM YTD 1992 1992
SEP 92 SEP 92 X OF BUD BUDGET ACTUAL X Of BUD BUDGET X OF BUD
Cspital Projects:
Dobson Cap Res Accrual 742 742 100.0 6,678 6,678 100.0 8,904 75.0
Dobson Capital items 0 0 8,000 7,971 99.6 8,000 99.6
Golf Clubhouse 0 0 23,600 19,545 82.8 23,600 82.8
Golf Maint Equip 0 .7,500 111,055 102,226 92.0 111,055 92.0
Golf Course Improv. 2,500 2,522 100.9 32,000 23,455 73.3 34,500 68.0
lrrigetion Project 0 8,400 105,000 116,632 111.1 105,000 111.1
Par 3 Course 12,000 19,170 159.8 12;000 70,428 586.9 12,000 586.9
Ford Park lavatories 20,000 6,386 31.9 50,000 10,620 21.2 50,000 21.2
Net Capital Outlay 35,242 44,720 126.9 348,333 357,555 102.6 353,059 101.3
Total Rev Over
(Under) Exp , 569,149 (51,733) -2.5 1173,726 5232,331 133.7 535,168 660.6
Begiming fund Balance 1/1/92 =406,505 5406,505
Ending Fund Balance 9/30/92 5638,836
Budgeted Fund Balance 12/31/92 5441,673
17
.
PG 4
Vail Recrestion District
Cash/Restricted Cash Surmsry
Month Ending SEPTEMBER 30, 1992
BEG PERIOD CUR PERIOD CURRENT
BALANCE ACTIVITY BALANCE
GSN BALANCE:
CASH (NOY Account) 736,679 (318,676) 418,003
COLOTRUST FUNDS 0 350,180 350,180
736,679 31,504 768,183
BEG TEAR YTO CURRENT
BALANCE ACTIVITY BALANCE
CAPITAL RESERVE:
OOBSON ZAMBONI 17,108 2,403 19,511
DOBSON REFRIGERATION 29,100 4,275 33,375
TOTAL (46,208 (6,678 552,886
1$
MEMORANDUM
TO: VRD Board of Directors
FROM: Brian Jones, Business Manager
DATE: November 6, 1992
RE: Year-End Golf Revenues
Just for your information, following is some golf revenue trivia:
Budgeted Revenue Actual Revenue $ of Budget
1991 1,140,600 1,177,809 103.3%
1992 1,207,000 1,171,305* 97.0%
October was a strong month which helped improve the year-to-date
revenue picture a little.
* This figure is not yet final, but should be very close.
~q
AGENDA
TO: VRD BOARD OF DIRECTORS
FROM: BRIAN JONES
DATE: November 6, 1992
SIIBJECT: AMENDMENT ONE IMPLICATIONS
Pursuant to a conversation Rob and I had with Jim Collins on
Thursday, November 5, 1992, I offer the following tentative
interpretations regarding Amendment One impacts on the Districts
financial picture:
1. Mill levy cannot increase without a vote. When assessed
valuations of property decrease, we cannot adjust the mill
levy upward (as we have in the past) in order to bring in the
same amount of property tax revenue from existing property
owners.
2. Property tax revenue cannot increase by more than CPI and the
amount represented by new construction. If assesed valuations
of property increase by more than CPI, we must decrease the
mill levy such that we limit property taxes per the
aforementioned restriction.
3. What items 1 and 2 above mean is that fluctuations in assessed
valuation (which happen frequently from year to year) cause
property tax revenue to capriciously drop when values
fluctuate downward, yet increase only by CPI and new
construction when values bounce back up.
4. Of worse impact to the District is the limitation on total
expenditures. With 1992 as the base year, subsequent years'
expenditures are limited to the prior year's expenditures plus
CPI and percentage increase in local property values (the
latter is yet to be interpreted). Using non-GAAP basis
accounting (as we believe this amendment does), total
expenditures include capital projects/acquisitions, even
though these may fluctuate wildly from year to year. We may
be able to include accruals toward capital projects to be done
in later years as a current year expenditure, but the
interpretation on this is presently unclear. What is clear is
that if we desired to offer a new program, even if it were a
money maker, the expenditures would have to be reduced
elsewhere in order to offer it since the expenditure limit
still applies. The amendment does not excuse revenue neutral
or even profitable programs from its provisions.
ao
5. Also unclear is whether net profit is subject to the
limitation provisions. If, for example, we have a stellar
year at the golf course - strong demand, nice weather, etc.,
and revenue increases well above CPI, thereby increasing our
net profit over the prior year by better than CPI, do we have
to refund this excess profit to property owners in the
District? Jim Collins currently opines, although very
tentatively, that we would. If this is the case, then it
represents an indirect limitation on revenues realized through
user fees. In the long term, however, this is a moot point
because we could not spend the excess revenues anyway due to
the spending limitations. We would therefore need to
eventually reduce fees or refund the excess to property owners
anyway.
6. The PAR 3 is dead at least until an election could be held
next November for the revenue bonds.
7. There is a possibility (and that is all it is at this point)
that we might be able to establish the golf course as an
enterprise fund which would basically be exempt from Amendment
one provisions. That would allow us to raise whatever revenue
we could from the golf course and spend it on the golf
operations without limitation.
The gist of the current situation is that there is a great deal of
ambiguity involved in interpreting a very poorly written amendment.
I suspect that copious literature will be forthcoming iri the very
near future that will shed some light on Amendment One. Zn the
meantime, we will be analyzing the f financial picture and
formulating some recommendations to boost the 1992 base year
expenditure level.
work\amendl
a~
MEMORANDUM
TO: Vail Recreation District Board of Directors
FROM: Brian Jones, Business Manager ~j
DATE: November 3, 1992
RE: Fringe Benefits
For purposes of comparing the District's benefit cost as a
percentage of compensation to that presented by the City of
Longmont 1992 Compensation Survey, the analysis is as follows:
Based on '93 Compensation/Benefits Spreadsheet:
'93 Total Wages = $776,594
Benefits = 120,683 - Retirement
124,197 - Health/Life Insurance
12,600 - Ski Pass
71,416 - Vacation
= 328,896 - Total Benefits
Benefits as ~ of Compensation = 42.3
Please Note: - Retirement includes the 6.2~ that would otherwise
be paid as FICA.
- Ski Pass and vacation benefits are based on the
tenure of current employees assuming they all stayed
through 1993; the tenure of an employee affects
his/her benefit - the shorter the tenure, the less
the benefit. In other words, any turnover at all
would lower the benefit ~ cited above.
- As stated, the Benefit ~ is for '93; the
corresponding figure for '92 would have been lower
due to health insurance costs being
disproportionately lower than '92 wages.
- Vacation is included here since it was likewise
included in the Longmont survey. It does not,
however, represent a hard dollar cost to the
District.
as
INTRODUCTION
In today's market place fringe benefits are as important as base pay when designing a compensator plan for employees.
VY'dh the importance placed on benefits and the associated increased costs, benefits have come to constitute a significantly
large portion of the pay package. In this year's survey the average benefit costs as a percentage of total compensation
were as follows:
Low Hlgh Average
Total Sample 35.0096 49.1596 40.7996
Public Sector 34.6096 48.6096 40.6296
Private Sector 30.5096 51.0096 40.40%
OVERVIEW:
On the following pages data are presented on health, dental, bng term disability, and Ilfe Insurance. In addition, data
on pension plans, holidays, sick Leave, vacation leave, and other additional benetlts that empbyers offer are analyzed
' and presented. In most cases, the data are segmented into the total sample, the private sector, and the public sector
' for purposes of comparison. As a general rule all benefits refer to benefits extended to the general empbyee except in
the case of health and dental insurances where a distinctan is made between general and management employees.
1 .
1 Most of the data presented express the percentage of empbyers offering the benefit under consideration. For health and
dental benefits, the cost is expressed as the percentage of the total premium paid by the empbyer. Due to the wide
1 variance in individual plan coverage and insurance costs, we feel this "percentage of premium" is a better measure (or
comparison than actual dollars paid.
Where percentages are given, the wm may not equal 100 percent due to rounding.
9
a3
MEMORANDUM
TO: Vail Recreation District Board of Directors
FROM: Brian Jones, Business Manager
DATE: October 28, 1992
RE: Public gfficials Errors & Omissions Insurance
In response.tg some recent questions regarding the District's ,
Public Official.:s Errors & Omissions Insurance coverage, I offer the
following information:
- Our Errors & Omissions policy provides $2 million per
occurrence and annual aggregate of coverage with a $2,500
deductible.
- The policy is on a claims-made basis, extending retroactively
to all claims made on or after July 1, 1986.
- It covers the District, Board members, employees, District
volunteers, etc. The $2 million of coverage would apply to
claims filed or judgments awarded against any of these insured
(including legal expenses associated with defense efforts).
- Errors & Omissions coverage applies to claims arising out of
alleged izpdirect losses, e.g., damage to one's reputation,
discrimination, wrongful discharge, harassment, etc.
1
- The District's .General Liability policy covers claims of a
more diregt nature, e.g., property loss and personal injury.
This policy has $1 million occurrence/$2 million aggregate
coverage . Both the General Liability and Errors & Omissions
policies could apply to a single claim/lawsuit.
1
- Our current premium for the E & O policy is $9,659/year. It
would be relatively cheap (probably around $3,000) to add a
couple million of coverage.
a~
VAIL GOLF CLUB JOHN A. DOBSOti ARE\A
303-d79-22ti0 ]:t Fta L'.., - i Circk
FORD TENNIS COMPLEX Co1ordo a"~
xur9-un
ail cre lO MARKEI7NG/SPECIAL EVE\TS SAIL YOLTH SERVICES
DISTRICT 'r~.""
303-479-2279 aa. Cobrsd• tti[i7
NATURE CENTER J0'~~'
292 West Meadwr Dri~Y • Vail, Colorado 81657 303-479-2291
303-479-2279 • FAX 303.479-2197
TO: VRD Board of Directors
THROUGH: Rob Robinson;.Executive Director
FROM: Rick Chastain; Special Events Supervisor
SUBJECT: C,..~,..rate Sponsorship Update
DATE: November 2,1992
The following is an update of corporate sponsorship efforts by the Special Events branch
The goal of the Special Events branch is to secure $20,000 in corporate sponsorship in the ]993 year.
In the past, sponsorship solicitation efforts have been directed towards large national corporations.
These efforts have resulted in relatively little success. Reasons for this include the small size of Vail
events relative to those on a more national scale, the relatively local scope of event exposure, and the
small population base in the Vail community.
In response, the Special Events branch is directing its solicitation efforts towards Colorado companies
that have an identifiable marketing interest in the Vail community and the Western Slope. Examples
of such rnmpanies are front range auto dealers, retailers, shopping malls, and small to mid-size
Colorado manufacturing companies.
It is also necessary to identify what sponsorship amenities are available to the corporation. A list
follows:
° Event entitlement
° Media exposure in local and regional print and radio media.
° Prominent feature of sponsor in printed items such as posters, fliers, t-shirts, collateral items, etc.
° Sponsor banner placement at events
° Product sampling at events
° Rink board logo placement (can be included in some sponsor packages)
° Entertainment packages for sponsor VIP's (hospitality, event tickets, lift, golf)
Each eve?lt proposal features a customized package of the above items. ,
Status:
Corporate sponsorship packets have been sent to over 70 major national co.r...ations and over 90
Colorado corporations. While it is somewhat late in the 1993 budget cycle to expect a high level of
response from target companies, these efforts can lay a foundation for 1994.
1994 Proposals:
The Special Events and Marketing branches are currently updating the sponsorship proposal packet
New packets will be sent to target companies in March-April of 1993.
a5
VAIL GOLF CLL'd JOHti A. DOdSON ARF.~A
JQ3.(Jy.jjbp l.21 Eat L'... l Ckck
FORD TE\ti7S C011P1EX Co1or~' tt1?s'1
r ]O~ff~22T
ail Cre lO XIARKETING.SPECIAL EVE.~IS VAIL,ra„r SERVICES
DISTRICT S3~u>, ~
292 West Mendow Drive • ViU. C ~ Eiii7 3Q3a79.2291
3031!¢2279 • FAX 303179-2197
Mr. Chris Ryman
Senior Vice President of Mountain Operations
Vail Associates, inc.
Post Office Box 7
Vail, CO 81657
Cktober 12,1992
Dear Chris:
Rob Robinson has communicated to me that Vail Associates and Appollo Ski Partners Ltd. have
expressed a desire to take a more active role in supporting the Vail community. I applaud your efforts
and wish you the greatest success.
As you know, the Vaii Recreation District and Vail Associates share a close and cordial working
relationship in many areas. There remains, however, much room for improvement.
Pursuant to your request of Rob, I have compiled a report that details areas in which the Vail
Recreation District requires assistance from Vail Associates or is requesting sponsorship. I am hopeful
that this listing helps identify ways in which your support of the community could be used most
effectively.
In many of these areas, we have requested support in the past and been turned down. ]t would be of
great benefit to the Vail community if Vail Associates chose this opportunity to step forward and
bernme more involved.
If I can be of any service to you, please do not hesitate to contact me at (303) 479-2279.
Sincerely,
Rick S. Chastain
Supervisor; Special Events
Enclosure
cc Rob Robinson; Executive Director
a~
VAIL GOLF CLU! JON11 A. DOa501 AREA
]0319-22f0 !11 Far L 1 fYck
FORD TF1dNIS COMPLEX c'~O"r
ail cre io
~tARhE77NG/ST£C1AL Etc:+.~ VAIL YOtTH SER~'1CES
DISTRICT SPOi~ JfS Far L~ . '
~os.rr9.u~ emu. c.. ar,
~An~RE cE.~-I>~1 '4'..r'u'=
m w~ Mesdow Drive • 1yi1, c, , , , albs? w.~s~s-usl
3ou~s.u~ • FAx ~ot~s~-2nr
Mr. Chris Ryman
Senior Vice President of Mountain Operations
Vail Associates, inc.
Post Office Box 7
Vail, CO 81657
October 12,1992
Dear Chris:
Following are the areas identified where the Vail Recreation District has involvement with or
requires assistance from Vail Associates. Also included is a listing of potential areas where Vail
Associates could provide corporate sponsorship. '
Branch: Youth Services:
Potpourri Youth Day Camp:
Free rent of the Gold Peak Childrens' Ski School facility. Rent currently costs the VRD $7,000 for 3
months of day camp. The majority of youth participants are local residents. In addition, many are
children of Vail Associates employees. The day camp operated at a financial loss of $4,000 for 1992.
In addition, Potpourri purchases Gondola tickets for those children who do not have a ski pass. These
charges could also be eliminated.
Vail Veeas (Drug and Alcohol Free IVew Year's Eve Program for Youthl:
$5,000 p/yr. cash sponsorship of the event. VA could also donate ski merchandise Eor prizes and airline
tickets for volunteer rewards.
Eagle County Youth Activities Grant:
The ECYAG is a community program that directs recreational resources to Eagle County children who
could not otherwise afford them. In that effort, the VRD has purchased approximately 50 season ski
passes p/yr. from VA at 1 / 2 of retail. VA could donate these passes free of charge thus making more
funds available for other local youth. In addition, seasonal ski rentals could be offered to tha~se
children receiving ski passes.
Sports Camps: Before and After School. Schools Out Recreation ProQ_ram:
Free gondola for youth participants in the above programs.
a~
Christmas in Vail:
Sponsor fireworks on Vail Mountain ($8,000).
Title S_oonsorships Are Available for all Svecial Events:
Vail's Winter Carnival $10,000
Memorial Day Kayak Races $7,500
Vail America Days $10,000
Labor Day Festival $5,000
Vail Fest $5,000
Christmas In Vail $12,500
Attud?ed are specific proposals for each event.
District-ode Soonsorshin:
Hotel room nights for promotions, prizes and hospitality.
Airfare coupons for use as prizes for event winners, volunteers, etc.
Access to purchasing retail items for prizes at cost through VA retail outlets.
Sell or donate retired VA vehicles to VRD; including snowcats, trucks, vans, etc.
Sell or donate retired VA cash registers for event and retail sales.
3-5 season ski passes to be used as prizes and volunteer rewards.
In Return
[n return for sponsoring the above listed items, the Vail Recreation District would coordinate the
following opportunities for exposure and recreation.
Event/ Proeram F.,ntitlement:
Title sponsorship will result in the event or program being named "Vail Associates America Days"
"American Airlines VailFest", etc.
Printed Advertisine:
All of the above listed programs and events feature printed advertising:
Local, regional, statewide ??eei~spaper
Regio?wl poster placement
Event brochures and flyers
Stateuride distribution of event entry forms
Vail Associates will receive prominent logo and copy placement in all of these items in proportion to
their sponsorship.
Television/Radio:
All of the above listed programs and events feature radio and television advertising:
Local, regional, statewide radio
Local television
Vail Associates will receive prominent name mention and logo placement (TV) in proportion to their
sponsorship.
Banner Placement:
Banner placement in prominent locations at all special events, all major sporting events, and all major
youth programs and events.
Use of Vail Recreation District Facilities:
Commensurate with level of sponsorship.
a~
Teen Videos/Prevention Shows:
Youth Services would like to produce community oriented teen videos with themes related to "stay in
school", drug prevention, etc We would like to use TV8 facilities free of charge.
Branch: Snorts
Gold Peak Sand Courts:
Development of Gold Peak sand volleyball courts into a first class park equivalent facility. ~ .
Including: High quality sand courts: $5,000
Turf/sod 33,000
]rrigat ion $5,000
Landscapi?rg $2,000
Park equip., bleachers 3 000
Total Cost: $18,000
Food Service at Soortine Events:
Free food and beverages for VRD event participants in the Vail Hill Climb and the Vail Half
Marathon.
Event Set-uv and Eauin_ ment:
Free event labor and equipment for the following special events: Vail Hill Climb, Vail Half
Marathon, King of the Mountain Volleyball Tournament.
Special Event Hospitality:
Host special event parties for the King of the Mountain Volleyball Tournament and all other
tournaments.
Prizes For Maior SDOrts Events:
Donate prize items for major events. Items would include ski passes, lift tickets, and gondola passes.
Cash Sponsorship:
Cash sponsorship for major sports events:
Vai! Hill C1im6 $1,500
Vail Half 1Llarathon SI,000
King of Mountain Volleyball Tournament $1,500
Cash grant money for youth sports programs: $1,000
TV Production:
Cash and in-kind donation for ESPN TV production of Vail Hill Climb. Approximate Cost: $10,000
Housing and airfare for production crew, event staff. Set-rtp and tear down.
Branch: Special Events
Memorial Dav:
Event fencingset-up and tear-dawn at no charge. The VRD spends approximately $4,000 on set-up for
this event.
VailFest:
Event set-up and teaz-down at no charge. -
Assistance in using VA's liquor license in key event areas (Gondola Lawn and Vista Bahn).
Commitrnent to handling food sales in an adequate manner and paying a commission on food sales to
VRD.
Allow the VRD to store beer in coolers at Trail's End at no charge.
VAIL GOLF CLL'D JOHN A. DOd50\ AREA
20.1419.1260 u1 Ed Llar6~ Cbcfe
FORD TE\\1S CONP1.Ea Co1ords
ail cre io '~u~
MAR[~CEi1NG:SPECiAL EVENiS VAIL tOL'711 SERViCFS
DISTRICT SPO1~
302479-2279 .tiu. Cobr.ao rrr
292 V1Est Madar Drive • Vail, Cdorado 81657 20}479-2291
303479-2279 • FAX 303~fA-2197
November 2, 1992
Mr: Bill Hampton
Vail Team Tennis
1290 Northeast 102 Street
Miami Shores, FL 33138
Dear Bill:
It was nice visiting with you Friday, October 30, 1992 concerning
the plans for your team tennis franchise in 1993. I certainly
understand your desire to relocate to a larger market. The
involvement of I.M.G. with the league and your team is certainly
exciting and should set the foundation for a promising future.
As we discussed the Board of Directors are very concerned over the
outstanding debt still owed to the Vail Recreation District.
Pursuant to Steve Foster's letter of 10/9/92 which you have
acknowledged, our records indicate that you still owe the District
$4,672.65. Based on our conversation, it is my understanding that
we can expect payment within 10 days. I trust that you will honor
this statement.
Bill, you mentioned that we have been patient with our endeavors to
collect this payment. While I feel this has been the best course
of action especially since Vail is your home and you have been
committed to being a good neighbor, let me assure you there is a
limit to this patience. We negotiated in good faith with Mr. Roy
Tucker as your chief point of contact and now we simply must demand
payment.
As a public servant, I am absolutely bound to collect all monies
owed to the District and would like to do so without incurring any
legal fees. However, rest assured that such action and expense
will be taken if necessary.
I will expect payment on or before November 10, 1992. If we need
to discuss this matter further, feel free to give me a call.
jnr ti
Rob Robinson
Executive Director
CC: VRD Board of Directors
VRD Attorney, Mr. Peter Rudy
VRD Business Manager, Brian Jones
work\hampton
31
Eca~le Vssltey~
D
e
• •
Local tourism
reps say
Bruce ballot
to damage
tourism
Officials
hammer
Amend.l rA" A~eno
~ _ <;-~~.~.; news
9y Laura Gtbesoa rte- _ _ " ~ .
_ ~ ~ - Rgure skating coach
Gadie McKeAen
No one wins with One. aceordtng :..a%_ f
to Vail Asaor~ates' President Andy Cuts t] Swa1f'i t]f
D~Y• " ~ ~ pOb50n iCe Arena,
Amendmrnt one .w thnatea ~"'+~-s. _ where he and arena
Vail on tls paaition as a premiere d~ I ~'R ~ manager. J'm Heber,
su...,.... and vtnter resort on a are COOki u an
world wWe bests.' Daly said in n9 P
opposrilon to the amendment on exparxied
tax . entertairmEnt
Daly and othrr anti-Amen,:......-
One endorsers. VailTtrwm Manages
Ron PhlDips, Coundlman Tom
Sleinberg.DrecuUveDirectordthe New Dobson programs on tap
Colorado Tourism Board Rich
Mertdtth and Jamk HCClrllough,
to state voters 'Say No
ate. Manager has hopes to make ice area U.S. training ground
'/lmendmeat one Is made w
sound good.' Ph>D1ps weld, 'But 1t Vait'syear-round sheetdieswsll negotlaUrrgadealtobriragtheJunior Mo.,*,r~+.Y.rs. a fuD oonla~K mess'
wdl only pose chaos m the local take on a new look arrd a new 'A hockey team to VaiL'JuniorA' team; the Gore Cretkers, s aeator
and state goverrrmeai' dtrxtron ayth Jim Heber. tDe new 1sadlvlsfondtheA..,,.:,,.nF~antfer dttzem' notheck hoe3rey team;
Councdrsran Steinberg reSerred manager. Hockey League for l8 to 20 year ladles Har]rry, Vail Junior Hockey
toCallfornta'sPtoposttionl3,whic~i Aformersemi-prohocJreyr~.,.t, olds who would De.stgtng with ClubazdlheSkatmgClubdVad.
1s almilar in some Brays to Heber's been the head L h ~ d famAka >a the arcs wad apead the Heber !s enthustastle about the
Am _..;....rt Oae. f ..itlon 13 the Dobson Arena since He >zra}~y d the year in Vag. cemirag season at Dobsoa He mtp
was written in part by A~..,. oa formerly the assistant manager He's who planning a Christmas there•s increased toe tLme for kids
Oc?e aeawr, Doug 8ruee. nlheNorthJ~coArenamDcwer. Party featuring Olympic silver- and adults. Aad the d
•Califorrrla cast p~ thdr bIDa •1 came from a fadtlty that made medalist Paul Rylk. A acw tlgttre Gordie wad ChrLS, he believes, wrm
new and Its caused notAtng but a lot d monry ' be says. "And my skathig coaching tram b also m the help stimulate the skatingr, .,,y ,
chaos In that estate,' Sternberg Bak! ;owl is to make this place morecost- p1a~ stage wrihCardk Mr]CcDen 'I7m srae aPe~+e fa for a peatyear.
5tdntxrg warned that the same effecWe in the next two to three andChrtsLeBeau. PdreaDykw~etoaeealotmoredthe
fate fs assured hn Cobrado it the pears.• In additlon. Heber would IJjce to krcab stopping by to sae what's
amendment passes ~ Hebv feria the Dobson Aressa 1s see a fuD service pro shop at the got:rg aa'
According to tourist board woe d the fioest4 tadltties to the arena. The shop sound aeU
director. Mercdrih, the wine,. r.. country, and that the Socals should equipmeat that f9 rdadively new to
would virtually eliminate the take advantage diL the valley and ~ cater to the INSIDE
Cobrado'iburtsmBoard,rendcrtng 'We'd llbe tD build fhb sole a serious Docket' playa and 9gure
Cobradotheonlystatcwtthoutsuch wrldclasstrairungfadlttyJmeiake skater. : • •
facilities. ?purism b the second Pladd, where peopk come to train But along with the new w1D be the
largestsourcedincomeinNestate. 6~un aD over the country.' return d many arem attractions • • •
Among the new protects he's tncJuding the Vall Passers. a
Cotlrtu•d on PAGE 11 working on this year, HebeS is _UUve wens' team; the Vail • •
- /
' Cheek Road ; I-70 do Town of Eagle exit Vail Town Connell (7:30 p.m.} at - - • ~ ~ ' _ • • - .
Municipal Bldg. eo~ix~ ur
Public Skating (Noon-2 p.m.) at
Dobson Arena, Vail. For info: 479-2271. ,
Town of Esgls Planning Gypsum Christmas Falr (Nov. 7, 9
Commission (7~0 p.m.) at Town Haq. a.m. - 4 p.m. at National Guard Rrmory~'
• Avon Planning Cortxnlssbn f1~0 Bldg:, Eagl6 County Airport-MargJ~fin'=•
p.m.) at Municipal Bldg. Lebo, 524-7431.
Election Day. Polls open 7 a.nt: to 7 Celebrity Citizen Extravaganza (Dec.
p•m• 5, 7 p.m.) at Hyatt Regsncyl8savs[
Creek. Sponsored by the Eagle Valley
Chamber of Commerce. Posturing 'Flash
0 Wednesday/, Nor, 4
Cadillac plus dinner and dance. 328-
Public Skating (noon - 2 p.m. and 5220.
v"'"µ'~ 7:30-9 p.m.) at Dobson Arena. For info: ¦ TO GET LISTED: Send typed oc
F
479-2271. clearly printed information, inducting a
'jh ~ ~ ' Eagle Va11ey Rod and Gun Club (7 contact phone number, to: Eagle valley
p.m.) at the Gun Ctub, Gypsum.. Enterprise, P.O. 8oz 450, Eagb, CO
Eagle and Cob. Valley Planning 81631.Or FAX to 328=6393.
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TUNI-TY SEBVICE INCLUDE9i w
z„.
e ConntT PL.....:. ~ Commisaioa
. , . ~ .Titan ~atee Romad TabL ~>s
'omiaadns Comcoittee
Met ~ . titan Recreation DLtriet t ~ ~~?{,1
'
r~ Vail VaIle~ Foaadasioa ~ "
•a Eaile Rl~ae Se.Lolas~hip Fsmd
;F
'aK. .,,,iber3rd ',~i~
i FOM SOD t3Ll'1~
>t7r Dom. zi Expanded Dobson programs
Paid lot ti.~ Dobson Arena marlager,Jim Heber (left? and figure skating coach
®itt.. ze Tweet Rod t38t~ GOrdie McKepen have great expectations for Vad's favorite k+e
rink, including a Christmas skating porty with Olympic medalist,
Paul Wylie. Enterpose Photo by Laura Grbson.
T0: VRD BOARD MEMBERS
FROM: STEVE FOSTER
DATE: November 6, 1992
SUBJECT: BATHROOM PROJECT TAP FEES
The District made a request to Upper Eagle Valley Water and
Sanitation District to waive the water and sewer tap fees for the
new athletic field bathrooms. They have now informed us that they
are willing to waive the water tap fee of $23,000, but we must pay
the sewer tap fee of $14,500. These amounts were not budgeted in
the original bathroom project budget.
3y
RECEIVED NOV 9 1992
EAGLE VALLEY COMMUNITY FORUM
Board of Directors' Update
and Call to Meeting
Directors of the Eagle Valley Community Forum (EVCF) are requested to attend a quarterly
board of directors meeting on Thursday. November 19. 1992 at 5:30 P.M. at the Town of Avon
Council Chambers. Please call EVCF president Sherry Dorward (476-0(ifi8) or coordinatorJudy
Althaus (92G-2024) if you are unable to attend.
AGENDA
I. Finances: A treasurer's report and grant status update will be presented. (The Town
. of Vail awarded EVCF $5,000 again for 1993. Town of Avon and Eagle County requests
are currently under consideration.)
11. Bylaws: Proposed bylaws are attached. We would like to ratify these or similar bylaws
at the meeting and begin to operate under the new procedure immediately.
111. 5~1(c)(3): Our application will be briefly discussed.
1V. Task Force Updates
A. Plannine and Development has an exciting challenge in process with Eagle
County, which has requested us to work with them in gathering public input for
the update of their master plan/land use regulations. The EVCF work program
will be discussed.
B. Recreation was recently born under the guise of a county-wide bike path task
force. The task force hopes to continue playing a role in cycling issues, and will
additionally look at other recreation issues.
C. Environmental, Eagle River, and Economic Diversity task forces show promise
but need more leadership assistance at this point.
V. Communication Issues
Please Attend: EVCF needs your support and creativity. Of ficers Sherry Dorward, Jack Lewis,
Kent Mucllcr and Dick Neal have met biweekly since the last Board of Directors meeting to
address administrative demands such as bylaws and legalities. Now the real task is to move
ahead with a substantive work program within the upcoming months.
RECEIVED Jt! 9 f992
EAGLE VALLEY COMMUNITY FORUM
Proposed By-Laws
Article I
A. The name of this organization shall be Eagle Valley Community Forum (EVCF).
B. Primary records and files shall be physically located at 500 E. Lionshead Circle, Suite
301, Vail, Colorado 81657. The EVCF mailing address is: P. O. Box 2816, Avon CO 81620.
These addresses may be changed at the discretion of the executive committee.
Article II -Mission Statement
The mission of the EVCF is: 1) To develop a vision for our future which preserves and
enhances our quality of life; 2) To provide an open valley-wide forum for the discussion of
community issues and to establish community consensus as to priorities and realistic solutions;
3) To bring together the necessary resources to implement solutions.
Article III -Membership
EVCF shall have formal membership open to all interested individuals for $10 annually. The
fee will be waived in case of financial hardship, with executive committee approval, if
members remain active participants of the organization.
Article IV -Board of Directors
A. General Powers and Duties
The business and affairs of the corporation shall be managed by its Board of Directors.
Board members shall attend regularly scheduled as well as special board meetings when given
notification by telephone, facsimile or mail at least seven days in advance, or notify the
president or president's designee if unable to attend. Board members shall stay updated
regarding EVCF activities, and serve on a task force or standing committee.
B. Number and Tenure
The number of directors shall initially be 11. Directors shall be elected by a vote of the
cu rrenl membership for a two year, staggered term. Individuals may serve more than one term.
C. Executive Committee
An executive committee consisting of all officers and one director at large, selected by
the hoard of directors, shall meet as necessary to address routine administrative issues of
EVCF.
D. Officers and Duties
1) President. The president shall preside at all board meetings; ensure that bylaws,
policies and relevant governmental regulations arc followed; supervise the activities of EVCF
including the work of other board members, task forces, committees and employees; and be
available to execute necessary documents. .
2) Vice President. The vice president shall take on the duties of the president in
the case of her or his absence, death, or inability to act.
3) Secretary. The secretary shall be responsible for keeping minutes, records and
proceedings of meetings of the board of directors, executive committee meetings and the
annual membership meetings.
4) Treasurer. The treasurer shall oversee the fiduciary activity of EVCF, including
deposits and payments on accounts, tax and financial reporting, payroll and general
bookkeeping.
E. Election of Officers
A nominating committee consisting of at least three board members shall be appointed
by the president in November of each year. The nominating committee shall approach
appropriate candidates and assemble a ballot which shall be mailed to all EVCF members at
least one week prior to the first annual membership meeting in January. At that meeting, other
individuals expressing a willingness to serve, either by their presence or in writing, may be
nominated for an office. Officers shall be elected by a majority vote of the membership for
a one year term.
F. Termination of officers and board members.
1) Each director shall noti fy the president of his or her resignation when necessary,
with resignation considered to be in force immediately.
2) Both officers and board members may be removed from their position in the
event that they: a) do not attend meetings as required, b) are perceived to not act in good faith
in the best interest of EVCF, or c) show a lack of interest and involvement in EVCF activities.
Members and/or officers maybe removed al a regular or special meeting by atwo-thirds vote
of the board of directors.
3) Vacancies shall replaced by majority vote at any scheduled board meeting to
serve the remainder of the term.
E. Meetings of the Board
1) Regularly scheduled board meetings shall occur at least quarterly.
2) A special board meeting may be called by the president or any two board
members by notifying all members by telephone, facsimile or mail at least seven days in
advance.
3) Meetings shall normally be scheduled during early evening hours at a location
within Eagle County, Colorado, to be named by the individual(s) calling the meeting.
H. Voting
1) At board and executive committee meetings, all board members present shall
have one vote. A quorum consisting of at least 5]% of the full board is necessary for voting
at any hoard meeting. An election or issue shall be carried by majority vote of those present.
2) At the annual meeting, directors shall be chosen by majority vote of members
present.
I. Task Forces and Committees
The executive committee shall establish committees and task forces as necessary to carry
out the mission of EVCF. Each such committee or task force shall have at (east one member
of the board of directors; other members shall be recruited from the Eagie Valley community
at large.
J. Compensation
No officers or members of the board of directors shall be financially compensated for
their duties.
Article V -Fiscal Responsibility
A. The fiscal year shall be Jaauary 1st through December 31st.
B. The executive committee shall review all financial transactions at least quarterly. A
financial statement shall be made available to all board members at each regularly scheduled
board meeting.
C. Any audit performed must be done by an accounting firm approved by a majority vote
of the board.
Article VI -Staff
A. Any employees, consultants or project managers shall be hired or fired as determined
by EVCF executive committee.
B. Duties and responsibilities of all staff shall be outlined by a job description designed
' by the executive committee or a designated personnel committee.
C. The treasurer is responsible for overseeing all payroll, tax filings and returns for EVCF.
D. All staf f positions are supervised by the President or a person of her or his appointment.
Article VII -Amendment of Bylaws
These bylaws may be amended at any scheduled board meeting by a majority vote
provided the proposed amendment is sent in written form to all board members in advance, and
a proxy vote offered.to all board members not present. Bylaws may be amended without prior
notice at any meeting at which 51% of the full board of directors votes in support of the
amendment(s).
Article VI11 -Dissolution
In the event of dissolution, abandonment or termination of Eagle Valley Community
Forum, no income, contribution, nor other revenue shall inure [o the benefit of any affiliated
individual or group. The board shall first clear all debts and liabilities of EVCF. Remaining
funds shall be returned to governments and grantors in proportion to their original
contribution, should the board of directors consider EVCF's obligations to those entities
unfulfilled. All remaining assets shall be donated to any qualified 501(c)(3) organization(s)
chosen by a majority vote of the board of directors.
Approved by the Board of Directors of Eagle Valley Community Forum at [he
board meeting.
Sherry Dorward, President Date
- ~ ~~~Ei~~D ~OV 9
EAGLE VALLEY COMMUNITY FORUM
Minutes: Board of Directors Meeting
7/23/92
Present: Bower, Chapman, Durward, Jamar, Lewis, Mueller, Neal, Palle r, Pritz, Babcock,
Langenwalter, Althaus
Sherry Durward introduced the Forum's new part-time coordinator, Judy Althaus. Judy moved
to the Valley in 1980, did PR for Vail Associates, and ran special events for the Town of Avon.
While absent for a few years, she worked for several non-profit groups, including organizing
and managing the volunteer community effort for the City of Aurora's 1991 centennial
celebration. She will be working 10 hours a week, primarily out of Sherry's office.
Durward reported on her presentation to agoal-sharing meeting called by Eagle County on 6/22
for all elected and appointed county and town officials. She discussed the role and goals of the
forum, and felt that strong validation of EVCF's mission was expressed by those present.
Participants placed a significant focus on our less tangible goals and also voiced a strong
interest in our opinion research capabilities. Suggested roles included:
- Opinion research with detached objectivity, non-partisan polling.
= Community building, consensus building, encouragement of volunteerism.
- Sounding board, two-way communication with towns and liaison with organizations
- Reaching populations [hat don't have a voice.
- Further definition of status of issues and needs. Define, refine, prioritize.
Jack Lewis chairs the Town Manager's group which was formed as a coordinating committee
for the larger group. They have identified their main areas of possible cooperation as: 1)
education and 2) regional transportation. Task forces will be created for legislative lobbying,
etc. The managers felt EVCF was a viable liaison, and agreed that good market research costs
the recipient(s).
EVCF 1993 funding was discussed. Support will be requested from Eagle County, the towns
of Vail and Avon, and in smaller amounts from other area towns. Additional possible contact
will be made with Upper Eagle Valley Sanitation District, Vail Associates, the Vail Valley
Foundation, NWCOG, and others. It was suggested we might propose a contract for services
rather than an outright donation.
TASK FORCE REPORTS
Eagle River: Kent Mueller reported on a public hearing at Minturn Town Hall on 7/22 at
which citizens were invited to respond to the EPA's proposed cleanup plans. He felt that many
citizens voiced emotional reactions, and that this is an area in which EVCF could assist. The
technical situation is complex, and Kent feels we don't have time to get involved before the
EPA 30-day deadline. The EVCF task force has not yet formed. It was suggested that we could
serve as a communication agent between the various special interest groups focusing on Eagle
River issue and also that we should draft a statement to the EPA expressing the strong valley-
. wide priority of the issue expressed in the Fireside Forums.
Economic Diversity: Judd Babcock reports that two meetings have taken place and distributed
a list of interested and participating community business leaders who have offered support.
,They will be meeting again in two weeks to begin their report on the issues.
Planning and Development Issues: Kristan Peitz has recruited a group of eight people, and is
seeking more from Redcliff and Minturn. Kathy Langenwalter will serve as chair; the task
force will meet within 30 days to determine and prioritize issues.
Health Care: Cherie Paller is wailing on potential funding before forming the group.
MISC.
Bruce Chapman and Amber Blecker received and reviewed 501(c)(3) application forms; he
turned them over to Cherie Paller and Dick Neal for completion.
Laurie Bower requested opinion on EVCF's involvement as sounding board for partisan
candidates on local issues. It was strongly felt that we stay away from such issues, which could
negatively impact our 501(c)(3) status.
NEXT MEETING: September date to be determined.
i ~
TELECOMMUNICATIONS MANAGEMENT CORP.
5757 Wilshire Bivd. • Suite 344 • Los Angeles, CA 90036 (213) 931-2600 Fax (213) 931-7355
TOWN OF VAIL
EVALUATION OF CABLE TELEVISION
FRANCHISE APPLICATION AND
REVIEW OF TOWN OPTIONS
October 31, 1992
VAILI.RPT
• •
TABLE OF CONTENTS
I. INTRODUCTION 1
A. Scope 1
B. Background 1
II. TRI-COUNTY APPLICATION 4
III. HERITAGE POSITION 6
IV. TOWN OPTIONS 7
A. Denial of Tri-County Application........... 7
B. Encroachment Permit 7
C. Limited-Area Franchise 8
D. Full Franchise 8
(1) History and Current Status........... 8
{2) Summary 11
V. CONCLUSIONS 13
APPENDIX A HERITAGE FRANCHISE AGREEMENT
(TITLE 21, CHAPTER 21.04)
APPENDIX B CABLE TELEVISION FRANCHISE ORDINANCE
(TITLE 21, CHAPTER 21.02)
APPENDIX C TRI-COUNTY CABLEVISION
CABLE FRANCHISE APPLICATION
(1) ORIGINAL APPLICATION (6/16/92)
(2) TMC LETTER REQUESTING ADDITIONAL
INFORMATION (8/31/92)
(3) TRI-COUNTY CLARIFICATIONS AND
AMENDMENTS (9/14/92)
APPENDIX D EVALUATION OF TRI-COUNTY
FRANCHISE APPLICATION
APPENDIX E EXTRACT FROM CALIFORNIA CABLE LAW
I. INTRODUCTION
A. Scone
The Town of Vail, Colorado (the Town) has been and is
now provided with cable television service by Heritage
Cablevision, (Heritage), a subsidiary of Tele-
Communications, Inc. (TCIj. A request for a second cable
franchise has recently been submitted to the Town by Tri-
County Cablevision (Tri-County).
Telecommunications Management Corp. (TMC) was retained
by the Town to evaluate Tri-County's application, and to
review the Town's options with respect to granting a second
cable franchise, and the benefits and risks involved. This
report presents the results of TMC's evaluation and review.
B. Backaround
The current cable television franchise agreement to
Heritage was granted in December 1989. The franchise is
encoded as Title 21, Chapter 21.04 of the Town's municipal
code and is reproduced as Appendix A of this report.
The franchise incorporated the provisions of the Town's
cable television regulatory ordinance, encoded as Chapter
21.02 (Appendix B). The ordinance was adopted concurrently
with the franchise agreement.
The Heritage agreement contained the following
provisions:
• Term - 5 years from August 15, I989. The
franchise therefore expires August 14, 1994,
about twenty-two months from now.
• Service Area - Service must be provided "to
any dwelling unit or commercial subscriber
that is served by the existing system and in
other areas where there are at least thirty
. residential dwelling units or commercial
units per mile of cable plant." In lower
density areas, Heritage must provide service
if the residents are willing to share line
extension costs, under a formula established
in the franchise agreement.
• Svstem Desian and Capacity, - The existing
cable system, at the time of the franchise
renewal, was a 36-channel (300 Megahertz)
system. Heritage is obligated to maintain
1
s ~
the system "as a state-of-the-art system".
One "community information services" channel,
including a character generator with two
remote keyboards, and a video switching
capability to enable the playback of
videotapes, was to be provided.
An additional channel was to be dedicated to
public, educational and government (PEG)
access.
Specific technical features are required.
• Local Cablecastina - Heritage was required
to:
- provide local program production
equipment as listed, plus S80.000
for educational cablecasting
equipment.
- maintain the existing production
studio, and to provide "adequate"
training to individuals and .
organizations desiring to use the
PEG access channel.
• Franchise Fee - A franchise fee of 5~ of
"annual gross revenues" is required. It
should be noted that "gross revenue", as
defined in Section 21.02.020 of the cable
franchise ordinance, includes only "pay
service fees in excess of nroaram vendor
fees", which allows Heritage to exclude the
cost of purchasing pay programming such as
HBO, Showtime, etc. This exclusion
substantially reduces the amount of the
franchise fees paid to the Town.
• Rate Regulation - The parties agreed that the
Town was not subject to "effective
competition", and therefore the rates for
basic cable service" were subject to Town
regulation to the extent permitted by law.
On June 14, 1992, Tri-County Cablevision submitted a
request to the Town for a cable television franchise [see
Appendix C(1) for application and cover letter]. TMC was
subsequently retained to evaluate this application, and, on
August 31, 1992, requested additional information from Tri-
County [see Appendix C(2)]. This was forthcoming on
September 14 [see Appendix C(3)J.
2
A meeting was held on October 25 with Mr. Lynn Johnson,
President of Tri-County, to explore Tri-County's position on
its application. The Town Attorney was present.
Another meeting was held on October 26, with Mr.
Stanley F. McKinzie, the Area Manager for the Heritage cable
system in Vail to similarly explore the Heritage/TCI
positions. Again, the Town Attorney was present.
3
II. TRI-COUNTY APPLICATION
Based upon Tri-County's franchise application, as
clarified by the September 14, 1992 letter, TMC evaluated
the Tri-County material submitted, and provided the results
to the Town (see Appendix D).
TMC's conclusion, as noted, was that Tri-County's
application "appears to be worthy of consideration".
Subsequent meetings held with both Tri County and Heritage
clarified some of the potentially contentious issues, as
follows:
(1) Service to Entire Town -The Tri-County
application equivocated on this issue, which
Heritage considers a major item (see Section
III. below). The meeting with Mr. Johnson
clarified that Tri-County would be willing to
serve the entire Town under a 15-year
construction completion schedule. For
example, if the Town granted a 5-year
franchise to Tri-County, a requirement to
offer service to at least one-third of the
Town's dwelling units by the end of the
franchise term, appears to be acceptable to
Tri-County.
Since Tri-County's anticipated initial
service to some lodges was predicated on an
original November 1. 1992 start-up date, this
objective is no longer achievable.
Consequently, apart from two lodges now
served on a bulk-billing private basis (no
public rights-of-way are used), Tri-County
would have no guaranteed subscriber base and
would have to compete with Heritage for all
subscribers.
(2) Financial Capability - Mr. Johnson indicates
that although Tri-County has enough internal
funding to serve the targeted lodges, the
company is seeking additional funding to
expand service to at least the one-third of
.the Town's residents that might be required.
For that reason, Tri-County is willing to
contemplate a February or March 1993
franchise grant date, by which time the
additional funding is expected to be in
place. (This target date might allow the
Town to negotiate a renewal agreement with
Heritage, to be concurrent with any franchise
granted to Tri-County.)
4
(3) PEG Access Support - Mr. Johnson indicated
that, in terms of financial support for
public, educational and government access
programming, Tri-County would be willing to
agree to a formula that based the amount of
the support on the number of cable
subscribers acquired. An example might be
that the PEG access grant might be half of
Heritage's $80,000 commitment, when Tri-
County achieved 50~ of the number of Heritage
subscribers.
These clarifications establish a basis for favorable
consideration of Tri-County's application, at least to the
point of proceeding further with negotiations that would
lend to a comprehensive franchise agreement for the Town's
review.
5
III. BERITAdE POSITION
The Heritage(TCI position on Tri-County's franchise
application, as stated by the Area Manager, is that the
company has no objection to competition, but that any
competition must be based on a "level playing field" concept
in which the new applicant is require to meet all of the
obligations of the incumbent.
In reality, since the economic burden on a second cable
system entrant almost always is greater than on the
incumbent, a so-called "level playing field" may effectively
prevent, rather than encourage, competition. Nevertheless,
some states have enacted "level playing field" laws, usually .
after lobbying by the major entrenched cable operators.
Appendix E is an example of this type of law, enacted by the
State of California.
While Colorado does not have this type of legislation,
it is likely that Heritage will argue for the same position
to be taken by the Town in the case of the Tri-County
application. Usually, the major "level playing field"
conditions that are the subject of argument include the
service area and support of PEG access, as can be Hated in
the California law. If a new franchise grant can be
defended on these issues as being reasonably fair to both
the incumbent and the new cable operator, the vulnerability
to legal challenge of the new franchise is greatly reduced.
As an additional consideration, Mr. McKinzie indicated _ ,
that Heritage would be willing to enter into early
negotiations with the Town toward a franchise renewal. If
such negotiations take place essentially concurrent with the
Tri-County negotiations, the Town would have the flexibility
of arriving at agreements with both companies that might
satisfy all parties. Otherwise, if the Heritage renewal
takes place substantially after a franchise is granted to
Tri-County, Heritage's position is that all of the
requirements of its new franchise should be made applicable.
retroactively to Tri-County. This might be difficult to
achieve.
6
IV. TOWN OPTIONS
The feasible options available to the Town are listed
below, with benefits and risks for each option:
A. Denial of Tri-County Anblication
The new 1992 federal Cable Act makes it more difficult
for local governments to deny applications for competing
franchises. While some grounds still remain available for
denial (e.g., financial capability), the clear intent of the
Act is to prohibit denials where no overriding reasons exist
for such denial. Accordingly, the legal vulnerability is
increased for any community that denies a second franchise
application without sufficient cause.
TMC's opinion is that the Tri-County application does
not provide any justification for denial at this time. It
may be that further negotiations bring such justifications
to light (e.g., Tri-County may not be able to secure funding
for its construction plans), but they are not clearly
evident at present.
Furthermore, most communities favor the concept of
cable competition, in terms of benefits (lower prices and
better service) that competition usually brings.
Consequently, the communities' best interests are not served
by prematurely stifling the prospects of competition.
For these reasons, TMC believes that a denial of the
Tri-County franchise, without additional justification,
would not be warranted.
. B. Encroachment Permit
If the Town does not wish to grant a franchise to Tri-
County, but desires to allow Tri-County to offer cable
service to subscribers on private property (i.e., the
lodges), an "encroachment permit" might be considered. In
this case, the Town would grant Tri-County the right to
install a "transportation"-trunk cable in the public rights-
of-way, but only to provide service to lodges on a private
(SMATV), bulk-billed basis.
Such a permit might be very acceptable to Tri-County,
but is certain to draw a major objection from Heritage,
including a high risk of legal challenge. While some
argument can be made that the encroachment permit introduces
a limited degree of competition, the lack of a franchise
would prevent any Town regulation and certainly would
enhance the Heritage position that the playing field is far
from level.
7
C. Limited-Area Franchise
It has been noted that Colorado does not have any law
that requires a second franchise to serve all of the area
served by the first operator. Consequently, the Town, if it
wishes, could grant Tri-County (or any other applicant) a
limited-area franchise to provide cable service to only a
selected portion of the Town, e.g., the lodges.
While this option appears legal, it also carries a high
vulnerability to legal challenge. The obvious allegation
would be that the Town is permitting a Heritage competitor
to "cherry-pick" or "cream-skim" by serving low-risk, high-
profit areas only.
Since Tri-County appears willing to serve the entire
Town, under a defined schedule, there appears to be no need
to consider the limited-franchise option at this time.
D. Full Franchise
Based on the lack of major benefits and the higher
vulnerability to legal challenge of options A., B., and C.
above, it appears that consideration of granting a Town-wide
franchise to Tri-County, under appropriate terms and
conditions that can be defended as fair and
nondiscriminatory, is the preferred option.
It should be realized, however, that an overbuild, - "
which would result from the granting of a second franchise,
carries with it both benefits and problems. For that
reason, a brief overview of cable system overbuilds is .
provided.
(1) History and Current Status
Overbuilds, or the construction of cable plant by two
or more system otierators which is desianed to comoete for
the same subscribers, are not a new phenomenon in the cable
industry, and have occurred as far back as the 1960's in
some cases, but until relatively recently their impact has
been minimal.
A number of studies of overbuilds have been performed.
Many similar conclusions were reached by these studies,
including the following:
• The initial effect of competition is a
reduction in subscriber rates, and generally
an improvement in service by the original
operator.
8
• The majority of overbuilds are transient in
nature, with one company eventually remaining
as the survivor, either through buy-out or
economic attrition.
• Rates charged to subscribers revert to normal
if the overbuild converts into a single-
operator situation.
• During the overbuild, the participating
operators generally suffer economically.
• The second cable system usually costs more to
construct than the first, since underground
utility areas must be dug up again, and the
last entrant on the utility poles must pay
all pole rearrangement costs. For example,
if a pole is to short to accommodate another
set of coaxial cables, the second cable
company must pay the cost of replacement with
a taller pole and the reinstallation of all
existing cables, i.e., power, telephone and
cable TV.
When hiaher construction costs are combined
with the necessity of attracting subscribers,
away from the existing operator, the economic
outlook for an overbuilder is not usually
attractive.
• Services are not significantly different
between operators, unless the system that is
overbuilt is obsolete and limited in
capacity. A capacity of about 35-40 channels
is sufficient to carry most of the currently
available off-air broadcast TV and satellite-
delivered programming services that appear to
be of significant interest to the public.
Because of this, a more modern system (i.e.,
at least 60 channels) may be capable of
providing more programs, but relatively
little is available that might motivate
subscribers to change their cable supplier.
The modern system, however, obviously would
be more capable of accommodating a rapid
increase in attractive new program services,
and also would have more capacity for local
programming, such as public, educational or
government (PEG) access.
• Some negative impact upon the franchise area
is produced by overbuilds, in terms of
disruption caused by multiple construction
projects, aesthetic impact of duplication of
9
cables and equipment, "range wars", etc. The
extent of this impact is to some extent
dependent upon the decree of regulation and
coordination exercised. by the franchising
authority.
The fact that overbuilds currently are a factor in less
than 100 of over 11,000 cable systems in the U.S. is
empirical confirmation that, in most cases, there is little
if any economic incentive for a cable operator to consider
an overbuild seriously. In recent years, however, a number
of new factors have emerapd which have an effect upon the
conventional views toward overbuilding, including the
following
• Increasing cable system profitability, based
on higher rates. and the consequent increase
in system values, has led to a significant
disparity between the cost of purchasing a
cable system, and the cost of building a new
system. This disparity clearly favors
building and/or overbuilding in many
geographical areas, and is particularly
attractive to investors interested in
entering the cable business. If it is
significantly cheaper to overbuild than to
buy an existing cable system, even
considering all of the competitive risks,
then investment capital will be drawn to
overbuilding.
The disparity in effect crates a cost
"vacuum" which tends to draw new competitors
toward building (and overbuilding), as the
most attractive entry path. This is
especially true of entrants who are not
members of the traditional "cable club",
which has had a tacit understanding that
frowned upon "poaching" on each other's
franchise territories.
• In areas of high residential growth, where a
significant number of new residences will be
built, if a cable company can gain access to
the utility trenches when they are open, the
cost of construction is at its lowest.
Consequently, new franchise applicants may be
interested primarily in competing for the
right to contact and make agreements with,
develobers, (or in Vail's case, the lodges)
and only secondarily in the areas already
served by others. Actual overbuilding of
existing cable plant might be minimal, or
even non-existent.
10
i ~
• The recent leoal and reaulatorv environment
relevant to the cable industry, particularly
the new Cable Act, favors more, rather than
less competition. Consequently, restriction
of overlapping franchises is more difficult,
regardless of the economic factors.
(2) Summary
In summary, the current status of overbuilds in the
cable industry may be stated as follows:
• There are relatively few existing overbuilds
that have lasted a significant length of
time, since the competition inherently has an
adverse economic impact on the participants.
In recent years, however, overbuilds have
become somewhat less forbidding, and are now
being considered on an increasing basis,
although in selected geographic areas.
• The impact of overbuilds on subscribers
usually is beneficial in the short-term,
resulting in lower rates and better service.
These benefits can be maintained only if the
competition continues.
• Cable services usually are not impacted
significantly, unless the existing system
does not have enough capacity to carry the
available desirable services. Systems with
about 40 channels or more can carry
essentially all the services that most
subscribers view significantly, at the
present time.
• Some disruption and negative impact is
introduced into the franchise area by
overbuild construction , but this may be
manageable by the franchising authority.
• The new Cable Act makes it very difficult for
~a municipality to decline to grant new
franchises, even if satisfied with the
existing cable operator.
The key nolicv issues that arise when a municipality is
faced with overbuilding include the following:
• A determination as to whether cable
competition is to be actively encouraged.
11
• A determination of franchise terms and
conditions that will not unduly favor either
the existing operator of the new entrant.
• The establishment of measures to tirotect the
tiublic riahts-of-way, both for current and
anticipated future use.
• Consideration of measures to minimize
tiotential disruption to the community that
may result from such factors as multiple drop
cables to homes, multiple pedestals, etc.
All of these issues will involve conflicting interests,
and are difficult to resolve. Nevertheless, the prospective
benefits of competition, even if it is transient, are very
attractive for most communities.
12
M
O. CONCLOSIONS
Based on the foregoing, the following conclusions are
reached:
(1) Tri-County's franchise application offers no
justifiable grounds for denial at this time.
(2) Of the options available to the Town,
consideration of a Town-wide franchise grant
to Tri-County, appears to be preferred.
(3) Since both companies have expressed the
willingness to enter into early negotiations,
it appears desirable to establish concurrent
negotiations, with the objective of reaching
franchise agreements with both in the first
quarter of 1993.
(4) The agreements need not necessarily be
identical, but should be defensible as being
fair and nondiscriminatory, while serving the
best interests of the Town and its residents.
(5) The Town should realize, based upon past
history, that the likelihood of long-term
competition may not be realistic, since
usually only one competitor survives.
However, the benefits of short-term
competition are significant, and may well
justify the effort involved. (In this
context, it should be noted that the new
Cable Act prohibits sales of cable systems
for at least 3 years after system
construction or acquisition, and further,
permits municipalities to deny consent for
transfer from one cable operator to another
serving the same franchise area.)
13
•
APPENDIX A
HERITAGE FRANCHISE AGREEMENT
(TITLE 21, CHAPTER 21.04)
• ~
HERITAGE CABLEVISION FRANCHISE AGREEMENT
the commencement of system construction, that any material
provision of this chapter or any franchise granted pursuant thereto,
is invalid or unenforceable, then in such event, the town shall retain
the right to renegotiate any franchise entered into prior to any such
Wile, decision or other action. For the purpose of this section.
"commencement of system construction" shall mean the Cost day that
physical construction, including but not limited to, the placing of
cable on poles or underground, actually begins. (Ord. 18(1989)
§45.)
21.02.460 Severabiiity.
If any provision, section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be unconstitutional, void or
invalid or for any reason unenforceable, the validity o[ the remaining
portions of this chapter shall not be affected thereby, it being the
intent of the town council in adopting and approving this chapter
then no portion hereof or provision or regulation contained herein
- shall become inoperative or fail by reason of any unconstitutionality
or invalidity of any other portion, provision or regulation and all
provisions of this chapter are declared to be severable. (Ord.
18(1989) §46.)
Chapter 21.04
HERITAGE CABLEVISION AND TOWN OF VAIL
FRANCHISE AGREEMENT
Sections:
21.04,010 Grant of franchise.
21.04.020 Representations and warranties of
Heritage.
21.04.030 Effective date of franchise; effect upon
existing franchise.
. 21.04.040 Term.
21.04.050 Franchise non-exclusive.
21.04.060 Cable television ordinance incorporated.
522-37
(Vail 12-29-89)
•
FRANCHISES ~
11.04.070 Definitions.
21.04.080 Service area.
21.04.090 System design and capacity.
21.04.100 Right of inspection.
21.04.110 System services.
21.04.120 Access and institutional services.
21.04.130 General provisions.
21.04.140 Subscriber rights and complaints.
21.04.150 Privacy policies.
21.04.160 Franchise renewal.
21.04.170 Transfer of ownership or control.
21.04.180 Police powers.
21.04.190 Franchise fee.
21.04.200 Rates and charges.
21.04.210 Insurance.
21.04,220 Cooperation.
21.04.230 Waiver.
' 21.04.240 Cumulation of remedies.
21.Od.250 Compliance with federal, state, and local
laws.
21.04.260 Notices.
21.04.270 Captions.
21.04.2$0 Company shall hold town harmless.
21.04.290 Time is of the essence.
21.04.300 Construction of agreement.
21.04.310 No joint venture.
21.04.320 Entire agreement.
21.04.330 Severability.
~ 21.03.0 i A Grant of franchise.
A. Fleritage is hereby granted, subject to the terms and conditions
of this franchise agreement, and the franchise ordinance, the
right, privilege and authority to construct, operate, maintain and
reconstruct a cable television system within the streets, alleys,
easements or such easements as are broad enough to allow the
installation of cable television facilities, and public ways of the
. town. l~erieage shall provide a modern and uniform town-wide
cable communications system to the residents and institutions of
the town in accordance with this franchise agreement.
522-38
(Veil 12-29.89)
•
HERITAGE CABLEVISION FRANCHIS1r AGREEMENT
B. This franchise is subject to Ordinance No. 18, Series of 1989,
of the Town of Vail and other ordinance provisions now in
effect or hereinafter made effective. Nothing in this agreement
shall be deemed to waive the requirements of the various codes
and ordinances of the town regarding permits, fees to be paid, or
manner of construction.
C, For the purpose of operating and maintaining a cable television
system in the town, Heritage may erect, install, construct,
repair, replace, reconswct, and retain over, under, or upon the
public streets, available easements, alleys and ways within the
town, such wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, pedestals, attachments, and
other property and equipment as are necessary and appurtenant
to the operation of the cable television system in conformance
- with the town's specifications. Prior to any conswction or
alteration, however, Heritage shall file plans with the appropriate
[own agencies and utility companies and receive written approval
before proceeding.
D. Upon receipt of any notice to the effect that Heritage is required
to comply with laws or regula[ions inconsistent with the
provisions of this franchise, or upon a determination that any
provision hereof is for any reason invalid, the town shall have
the right to modify or amend any section or sections of [his
franchise to such reasonably extent as may be necessary to carry
• out the full intent and purpose of this franchise.
(Ord. 19(1989) § 1.)
. 21.Od.020 Representations and warranties of Heritage.
A. Heritage represents and warrants that it shall comply with all
• • ~ • • • • provisions of the franclse;
B. Heritage represents and warrants that neither it nor its
representatives or agents have committed any illegal acts or
engaged in any wrongful conduct contrary to, or in violation of
any federal, state or local law or regulation in connection with
the obtaining of this franchise;
• C. Heritage represents and warrants that it is a corporation licensed
to do business in Colorado and has full right and authority to
enter into and fully perform the frarlctuse;
522-39
(V.i1 12-29.89)
FRANCHISES ~ ~
D. Heritage represents and warrants that all corporate action
required to authorize the acceptance of the franchise and
execution and delivery of ttus agreement and all other documents
to be executed and/or delivered by Heritage pursuant to the
franchise and to authorize the performance by Heritage of all of
its obligations under the franchise, and all such other documents
to be executed andlor delivered by Heritage have been validly
and duly acted on and an: in force and effect;
E. E{eritage represents and warrants that the franchise and all other
documents executed andlor delivered by Heritage have been duly
accepted and executed:
F. Iertage represents and warrants that it has carefully read the
terms and conditions of the franchise and accepts the obligations
imposed by the terms and conditions of the franchise.
. ~ (Ord. 19(1989) §2.)
21.0-1.030 Effective date of franchise; effect upon
existing franchise.
A. l leritage shall have thirty days from the date of adoption of this
chapter to accept the grant of a franchise by executing the
franchise agreement. Such acceptance by Heritage shall be
deemed the grant of this franchise foe all purposes and
immediately up,~n the taking effect of this franchise agt>rement,
the prior franchise granted to Heritage or their predecessor in
interest on September 3, 1974 by the passage of Ordinance No.
14 shall be superseded and have no further force and effect;
provided however, vested rights relating to billings and the
town's rights to accrue and collect franchise fees shall not be
affected thereby; and provided, further, that any criminal
• ~ ~ proceedings commenced under or pursuant to said franchise
shall in no manner be affected. Irl the event acceptance does not
take place within thirty days or such other time as the town
might allow, this franchise shall be null and void.
9. Upon acceptance of this [ranchise, Heritage shall be bound by
all the terms and conditions contained herein. Heritage shat!
provide all services and offerings specifically set forth herein to
provide cable television services within the town.
C. With its acceptance, Heritage also shall delivery to the town a
certified resolution of Heritage evidencing its power and
5220
(V~il I:•?9.89}
• '
HERITAGE CABLEVISION FRANCHISE AGREEMENT
authority to accept the franchise. Such document shall also
describe officers authorized to accept on behalf of Heritage.
D. With its acceptance, Heritage shall also pay all costs and
expenses, including attomeys fees, incurred by the town in
connection with the renewal process. The town shall provide an
itemized statement to Heritage. Costs ar expenses of the town
- not identified at that time shall be paid promptly by Heritage
upon receipt of an itemized statement from the town. It is the
. intent of the town and Heritage that the town be reimbursed for
all costs and expenses, including attomeys fees, in connection
with the granting of the franchise including any subsequent
expenses due to delays ar litigation pertaining to the grant of the
franchise. This fee shall be ten .thousand dollars, and shall be in
addition to the franchise fee or ariy other payments required
hereunder.
E. With its acceptance, Heritage shall also deliver any security
deposit, letter of credit, insurance certificates, performance
bonds, and equipment grant required herein.
(Ord. 19(1989) §3.)
21.04.040 Term.
The franchise granted hereunder shall be for a term of five years
from August 15, 1989. (Ord. 19(1989) §4.)
21.04.050 Franchise non-exclusive.
This franchise shall not be consuved as any limitations upon the
right of the town to grant to other persons, rights, privileges, or
authorities similar to the rights, privileges and authorities herein set
forth, in the same or other streets, alleys, or public ways or public
places. The town specifically reserves the right to grant at any time
. during the term of this agreement or renewal [hereof, if any, such
additional franchises on the~same or similar terms, for any cable
television system as it deems appropriate. (Ord. 19(1989) §S.)
21.04.060 Cable television ordinance incorporated.?
All terms, conditions, and previsions of the Town of Vail Cable
Television Franchise Ordinance shall be deemed to be embodied in
522-41
(V.i! 12.29-89)
FRANCHISES - ° ~
this franchise agreement, and the express terms of the ordinance
shall prevail over conflicting or inconsistent provisions of this
franchise agreement. (Ord. 19(1989) §b.) .
21.04.070 Definitions.
The following words and ptuases, when used in this agreement,
shall, for the purpose hereof have the meanings ascribed to them in
lhis section.
A. "Cable communications system" or "system" shall mean a
facility consisting of a set of transmission paths and associated
signal generation, and reception and control eyuipmene, under
common ownership and control, that distributes or is designed
to distribute to public subscribers cable television services,
institutional services, or other communications services, but
• such terms shah not include:
1. A facility or combination of facilities that serves only to
retransmit the television signals of one or more television
broadcast signals;
2. A facility or combination of facilities that serves only
subscribers in one or more multiple unit dwellings under
common ownership, control, or management, unless such
facility or facilities use any public right-of=way;
3. A facility of a common carrier which is subject, in whale or
in part to the provisions of Title II of the Communications
Act of 1983, as amended; except that such facility shall be
considered a cable system [other than for the purposes of 47
U.S.C. 541(c)] to the extent such facility is used and the
transmission of video programming directly to subscribers;
or
• • • • ~ - 4. Any facilities of an electric utility used solely for operating
its electric utility system.
B. "Channel" shall mean a six megahertz (MHz) frequency band
which is capable of carrying eittter one standard video signal, a
number of audio, digital or other non-video signals, or some
combination of such signals.
• C. "Downstream" shall mean signals originating at the head end or
hub and transmitted to subscribers.
D. "Earth station" shall mean equipment used to receive signals
from or transmit signals w a communications satellite.
522-42 ,
(Vail l2.24-84)
HERITAGE CABLEVISION FRANCHISE AGREEMENT
E. "Franchise grant ordinance" shall mean the ordinance granting a
franchise to a grantee.
F. "Head end" shall mean the facility, including antennas and
associated electronics which receives, controls, and switches the
electronic information transmitted over the cable communications
system.
G'. "Residential service" shall mean any service delivered by the .
cable communications system principally to subscribers in their
dwelling units.
H. "School" shall mean any duly accredited non-profit educational
institution, including primary and second schools, colleges and
universities, both public and private.
I. "State-of-the-art" shall mean any cable communications system,
components, or equipment accepted and used in the cable
- communications industry which is the most modem and
advanced equipment generally accepted and used in the cable
communications industry.
J. "Wire tapping" shall mean the unauthorized reception of a
communications signal.
K. "Two-way" shall mean the simultaneous transmission of
upstream and downstream signals through a cable
communications system. ,
(Ord. 19(1989) §7.)
21.03.080 Service area.
A. Line extension. Heritage shall offer cable television service to
all areas of the town in accordance with the following line
extension policy. In the city limits of the town as they stand on
August 15, 1989, Heritage shall, provide service to any
dwelling unit or commercial subscriber that is served by the
- , existing system and in other areas where there are at least thirty
. . , residential dwelling units or commercial units per mile of cable
plant. In other areas annexed to the town or developed aher
August 15, 1989, Heritage shall provide service to any new
dwelling unit or commercial subscriber where there arc at least
' twenty .dwelling units or commercial units per proposed
additional cable plant mile.
522-43
(V~il 12.29-89)
FRANCHISES ~
Further, in other areas with less than thirty dwelling units or
commercial units per proposed cable plant mile, Heritage shall
offer acost-sharing arrangement with residents.
Heritage's share (set herein as fifty percent per subscriber)
shall be recalculated annually and based upon then-current costs
for tabor and materials. Residents desiring cable television
services shall contribute the remaining costs for line extensions
to provide services to theic dwelling units. The town and
• , ~ Heritage shall derive future contribution amounts based on
average annual costs for thirty homes per mite, it being
understood that the costs for underground not be the same.
Any contribution-in-aid of construction provided by a
subscriber pursuant to this section shalt be promptly refunded to
such subscriber without interest if, and at such time as, such
- subscriber's premises is served by system distribution lines
which pass at least forty occupied dwelling units per linear mile
oC cable plant: provided, however, that no such refund need be
made if the date on which such refund should be due is more
than five years from the date Heritage initially provided service
to such subscriber. At the time such contribution-in-aicl is
accepted, Heritage shall notify, in writing, each such subs.:ntr:r
fmm whom such contribution-in-aid is accepted that the amen,nt
paid by the subscriber as contribution-in-aid is refundable under
the terms and conditions hereof. heritage shall obtain
acknowledgment, in writing, from each such subscriber that the
notification has been given, along with the address to which
such reimbursement shall be made. It shall be the responsibility
of each subscriber to kcep Heritage informed, in writing, of the
current address of the subscriber to which reimbursement should
be mailed, and Heritage will be deemed to be in compliance with
• • • • ~ • • • this section, by mailing, certified mail, return receipt requested,
the reimbursement to the subscriber at the last address furnished
by the subscriber. If such reimbursement is returned to Heritage
as undeliverable, the reimbursement shall belong to Heritage.
B. Heritage shall provide service to all annexed areas of the town
within nine months of obtaining easements and appropriate
permits. Heritage shall make every reasonable effort to obtain
easements within three months after the effective date of such
annexation. If easements are unavailable due to circumstances
beyond the control of Heritage, leritage shall make every
522-~ •
(Vail 12.29.89)
- HERITAGE CABI.EVISION FRANCHISE AGREEMENT
reasonable effort to find an alternative route to provide cable
- television service. Heritage shall report periodically to the town
on its progress in providing service to annexed areas of the
town.
(Ord. 19(1989) §8.)
- 21.04.090 System design and capacity.
- A. Present system overview. Heritage will maintain the existing
cable communication system as astate-of-the-an System. Panics
understand and agree that at the time of this franchise that system
consists of a residential network with a capacity of thtge hundred
Mlia. The present system is currently capable of carrying thiny-
six channels and there are currently thirty-one activated
channels. The broad categories are video and other services as
- set forth in Exhibit A2. The current system transmits all basic
channels unscrambled so that they are available to cable-ready
TV sets and video cassette recorders without the need for a
converter. BTSC standani stereo shall be broadcast on all those
channels as indicated in Exhibit A.
B. Community information service. heritage shall provide a '
community information service channel to be used exclusively
by the town. Heritage shall provide to the town, free of charge,
one Texscan SG-EBN character generator with two remote
keyboards with a minimum of fifty-eight page memory and color
graphics, and a video switching capability to enable the playing
of video tapes. Said equipment shall be located in such public
buildings as may be designated by the town with ability to
transmit signals w the head end. The equipment will be installed
by Heritage and remain the property of Heritage, and all
maintenance, except that required because of gross neglect or
intentional injury by the town shall be responsibility of Heritage,
provided that the equipment is delivered and picked up at
Heritage's repair facility. The community information channel
and the equipment referred to above shall be provided within six
months from the date this contract is executed.
C. Pubtic educational and governmental access. In addition to the
community service channel, Heritage shall provide, at no cost to
the users, at least one specially designated channel available for
governmental, educational and public access. In the event that
522-15
(Vail 12 -29-89)
FRANCHISES ~-ti
said specially designated access channel is in use by tl~e general
public, local educational authorities and local governmental units
during seventy-five percent of the weekdays (Monday through
Friday) for seventy-five percent of the time for six consecutive
weeks for non-character generated programming using film,
video or live telecasting, and the town makes a demand for use
of an additional channel for access, Eferitage shall have six
months in which to make avaitable one more specially
desi~tated access channel.
D. Technical standards. Tl~e minimum tecluvcal standards shall be
the minimum standards set forth by the Federal Communications
Commission in their Hiles, as amended from time to time, or any
rules that supersede such rules. Regardless of the technical
standards that may be applicable the system shall be capable of
providing to subscribers video and aural signals of consistently
good quality. Should the FCC cease to preempt the town's
authority to set technical standards, the minimum technical
standards shall be as follows:
1. lleritage shall construct the system in accordance with the
technical specifications in Exhibit C3 and performance
standards set forth herein using materials of good and
durable quality. All work involved in construction,
installation, maintenance and impair of the system shall be
performed in a safe, thorough anti reliable manner.
2. The system shall be maintained in accordance with the
highest accepted standards of the industry to the end that the
subscriber may receive the highest and most desirable form
of service.
a. The system shall be capable of passing the entire VHF
and FM spcctntm, and it shall have the further capability
- of converting UHF for the distribution to subscribers on
the VHF band.
b. The system shall be capable of transmitting and passing
the entire spectrum of color television signals without
material degradation of color, fidelity and intelligence.
c. The system shall be designed and capable of twenty-
' four hours per day continuous operation.
d. The system shall be capable of and will produce a
picture upon any subscriber's standard production
television screen in black and white or color (provided
522-46
(Vail 1:•29.89)
HERITAGE CABLEVISION FRANCHISE AGREEMENT
the subscriber's television set is capable of producing a
- color picture) that is undistorted and free from ghost
images and accompanied by proper sound, assuming
the subscriber's television set is in good repair, and that
the television broadcast signal transmission is
satisfactory. In any event, the picture produced shall be
as good as the sate-of-tlte-art and the off-the-air signal
received permit.
e. The system shall transmit or distribute signals of
adequate strength to produce good pictures with good
sound in all television receivers of all subscribers
without causing cross modulation in the cables or
interference with other electrical or electronic systems.
f. Heritage shall not allow its cable or other operations to
interfere with the television reception of persons not
served by Heritage, nor shall the system interfere with,
obstruct or hinder in any manner the operation of the
various utilities serving the residents of the town.
g. Heritage shall continue, throughout the term of this
franchise, to maintain the technical standards and quality
of service set forth in this chapter.
3. In addition to the FCC required annual proof of performance
testing, the town may require periodic tests of the technical
performance of the system to enforce full compliance with
the FCC's minimum technical specifications and
performance standards as set forth in Exhibit C. The
reasonable cost of said test shall be paid by Heritage.
Heritage shall not be responsible for the cost of testing
which occurs more frequently than once a year.
4. The system shall be installed and maintained in such a
. ~ manner so as not to unreasonably interfere with police, fire
and other licensed radio communications, noncable
television reception, lawful use of citizen band, ham radios
and other lawful communications media.
E. Satellite earth station. The system configuration shall include
satellite earth station capability to receive signals simultaneously
• from all operational U.S. domestic satellites carrying at least
four non-duplicated non-premium cable entertainment services.
Heritage shall provide a sufficient number of earth stations to
receive signals from all operational U.S. communications
52237
(V.il 12-29-89)
•
FRANCHISES
satellites that generally carry programs available to cable systems
throughout the life of the franchise.
F. Capacity for interactive residential services. • The cable
communications system shall have the capacity for interactive
. residential services including, but not limited to, security alarm
. monitoring, home shopping, energy management, video techs,
subscriber polling, video games, meter reading, and one-way or
interactive education. The cable system shall also have the
capability for providing shop at home and electronic banking
services. All customer equipment necessary for such services
such as addressable interactive converters, home terminals and
Home detectors shall be provided to subscribers by Heritage in
accordance with established and uniform rate schedules.
G. Standby power. Heritage shall provide standby power
generating capacity at the cable communications system control
center and at major uvnk line locations. Heritage shall maintain
standby power systems supplies, rates for at least four hours
duration, throughout the distribution networks.
- H. Frequency availability. Heritage shall use its best efforts to
assure the availability of appropriate frequencies to be used on
the cable communications system. Heritage shall at all times
during the term of the franchise comply with all rules and
regulations promulgated by die FCC regarding frequency usage
and cable television system requirements.
I. Addressable capability. The cable communications system shall
be addressable with capability for users to acquire signal security
for selected channels and subehannels through techniques such
as signal scrambling or encoding. the addressable features shall
be activated at such time as services are provided.
J. Technological improvements to system.
" - ~ ~ 1. Heritage shall have a continuing obligation to improve and
- . expand the system consistent with changes and
developments in the cable communications industry, the
public interest, prudent business judgment and reasonable
economic considerations.
2. In the event that either: (a) Heritage, its parent companies or
' affiliates have installed technological improvements in at
least twenty-five percent of the other cable television _
systems owned by Heritage, its parent companies or ,
affiliates; or (b) at least twenty-five percent of the cable
5228
(Vail 12-29-89)
• •
HERITAGE CABLEVISION FRANCHISE AGREENfENT
television franchisees or cable television license or permit
holders in cities in the State of Colorado with populations in
the range between eight thousand and twenty thousand have
cable television systems which increase channel capacity or
bidirectional capacity, provide improvements in technical
performance, provide for interconnection or provide other
substantial improvements over that provided to the town in
this franchise, then Heritage shall make said improvements
. available to the town system subscribers. Heritage shall
promptly notify the town manager of the occurrence of
either such event.
3. If the town council determines that either of the events
described in paragraph 2 have occurred, then the town
attorney shall send written notice thereof to Heritage
specifying: (a) the particular improvements so required; and
(b) the date by which such improvements shall be
completed, which shall not be unreasonable taking into
account the estimated time actually necessary to install such
improvements.
K. Emergency override. Commencing January 1, 1990, the system
shall include an "emergency alert" capability which will permit
the mayor or the mayor's designated representative in the event
of an emergency affecting the public health, safety or welfare to
interrupt signals distributed over the system by Heritage and
override the audio of all channels oc allow for video crawl over
all such channels, in either case for the purpose of delivering
messages necessitated by such emergency. The town council in
consultation with the mayor and Heritage shall establish rules
and regulations governing the exercise of power by the mayor
pursuant to this section.
(Ord. 19(1989) §9.)
21.04.100 Right of inspection.
The town shall, at its own expense, have the right, but not the
obligation, to inspect alt construction and installation work
performed (subject to the provisions of this franchise) and shall
make such tests as it shall find necessary to determine compliance
with the terms of this agreement and other pertinent provisions of the
law; provided, however, that the town shall be permitted to charge
522-#9
(Vail 12.29.89)
~ i
FRANCHISES
Heritage its usual and customary fees for the inspection of
construction in public rights-of-way; and provided, further, that
such inspection and tesu shall not materially interfere with the
provision of subscriber services. Any delays in construction due to
the inspection shall not be reason for default. The town shall also
have the tight, but not the obligation, to have all construction and
installation work performed (subject to the provisions of this
franchise) reviewed by an independent engineer: to determine
whether all construction or improvements are in compliance with the
franchise; all technical standards are being met; and there is
compliance wit1~ all applicable [own codes and standards. [f such
testing indicates that the system does not meet all required technical
standards, Heritage shall bear the expense for such testing. (Ord.
I9(1989} § l d.)
21.04.110 System services.
A. Initial residential subscribers services and programming.
Attachment A which is incorporated herein by reference
describes the composition of the basic service tier and other
services which Heritage shall initially provide. In accordance
with the Cable Act, Heritage shall, for the term of the franchise,
maintain the mix, quality and level of programming set forth in
Attachment A. However, Heritage agrees that it shall, at all
tirnes during the term of the franchise, provide one national
public radio station to subscribers if any national public radio
si~mal reaches the Vail Valley or is available by satellite.
B. Leased access channels. Heritage shall offer leased access
channel capacity at such terms and conditions and rates as may
be negotiated with each lessee subject to the requirements of
' " ~ Section 612 of the Cable Act of 1984 (47 U.S.C., Section 612)
as amended.
(Ord. 19(1989) § l l
21.04.120 Access and institutional services.
. In order to develop local programming, Heritage hereby agrees
to provide the following:
A. Local programming production equipment as set forth in
Attachment B which is incorporated herein by reference or
522-50
{Vail 12.29-89)
HERITAGE CABLEVISION FRANCHISE AGREEMENT
comparable equipment. Further, Heritage shall contribute to the
town, for the purchase of additional local programming
production equipment, an amount not to exceed forty thousand
dollars per. year for any two years during the term of his _
franchise for a total sum not to exceed eighty thousand dollars.
The equipment to be purchased shall be-specified in writing to
Heritage by the town.
All equipment so provided shall be new and of the type and
brand specified or its equal. All local programming equipment
shall remain the property of Heritage but shall be made available
for the use of the public, governmental and educational entities,
and individuals at no cost pursuant to such rules and regulatioru
as may be promulgated in accordance with subsection B hereof.
All such public access production eyuipment shall be maintairred
by Heritage and shall be fully replaced with comparable state-of-
- the-an equipment as necessary or upon reasonable request of the
town based on obsolescence or usability.
B. Production studio. Heritage shall maintain the existing public
access production studio (or one similar) containing the
equipment specified in Attachment B. Heritage shall adopt
business hours which shall provide for use of the studio during
weekdays, weekends and evening hours up to a total of forty
hours per week. Heritage shall establish rules, if necessary and
. with the approval of the town, to ensure that the studio is
available equftabiy to Heritage and governmental, educational
and public sectors. Heritage may contract with Vai! Community
Cable TV Corp. or any successor thereof to manage studio.
The public access channels shall be available on a first
come, first served basis at no charged to any individual,
association, or organization desiring to utilize them; provided,
- ~ - however, that Heritage may deny the right to use such facilities
for commercial purposes.
. - C. Staffing and training. Heritage shall provide adequate staffing
for the access studio and for training of the public in the use of
production equipment" Heritage shall from time to time conduct
workshops to train community and access users in television
production techniques and eyuipment.
D. Access rules. All rules and regulations as may be necessary or
desirable relating to the availability of production equipment [or
use by the public and governmental and educational entities,.
522-5 !
(V~il 12.29.89)
FRANCHISES ~
studio availability and hours of studio availability and channel
availability and programming time shall be promulgated by the
town in cooperation with Heritage.
(Ord. 19(1989) § 12.)
21.O~1.130 General provisions.
Tl~e following provisions shall be applicable to the existing cable
communications system and to any rebuilt system as contemplated
herein upon the effective date of this franchise agreement and shall
be applicable throughout the life of the franchise.
A. Parental control devices. Heritage shall provide subscribers
ulwn request the ability to lock out such channels as they may
desire.
B. Underground cable. New cable shall be installed underground
at Heritage's cost. Previously installed aerial cable shall be
placed underground in concert, and on a cost sharing basis, with
affected utilities, when such utilities are convened from aerial to
underground construction; provided, however, that Heritage is
given reasonable prior notice of such underground placement-
A preconstruction conference with the property owners will
be completed prior to commencing any underground
construction, and the town shall assist and cooperate in such
conferences if necessary. All soil, earth, sod or improvements
disturtx:d by the installation shall be replaced and restored to
their original condition. Patching of highways, roads and
driveways will be completed in accordance with the
specifications promulgated by, and subject to inspection and
approval by, town, county or state engineers, as appropriate.
C. Minimum interference. All transmission lines, equipment and
swctures shall be installed and located so as to cause minimum
interference with al! rights and reasonable convenience of
propeny owners and at all times kept and maintained in a safe
and adequate condition, and in good on~ler and repair. Heritage
shall, at all times, employ necessary and reasonable care and
shall install and maintain and use commonly accepted methods
anti devices for preventing failures and accidents which are
likely to cause damage, injury, or nuisances to the public.
Suitable barricades, flags, lights, flares, or other devices shall be
used at such times and places as are reasonably required for the
522-52
w,~t tz :9.89)
r •
HERITAGE CABLEVISION FRANCHISE AGREEMENT
safety of all members of the public and as detailed in the manual
on uniform traffic control devices.
D. Notice of shutdown. At least twelve hours before any planned
. shutdown Heritage shall give notice on all channels when
possible of maintenance or major equipment cltangeouts which
require loss of service to five or more customers.
E: Free service calls. Heritage shall not charge for any service call
whether or not the call is system related: provided, however, a
charge may be made if the service call is the result of repeated
abuse of the equipment or cable by the subscriber.
F. Employee identification. Heritage shall provide a standard
identifcation document to all employees including employees of
subcontractors who will be in contact with the public. Such
documents shall include a telephone number which can be used
to verify identification. In addition, Heritage shall use its best
. efforts to clearly identify all personnel, vehicles and other major
equipment that arc operating under the authority of Heritage.
G. Converters. With the existing cable communications system and
upon any rebuild thereof, heritage shall utilize state-of-the-art
signal security. Furthermore, Heritage shall, to the extent
feasible, construct the system and install equipment which
permits the full utilization of cable ready television receivers by
subscribers to avoid convener usage, where possible.
H. Local origination. Heritage is encouraged to provide local
origination programming of a cultural, recreational, athletic, or
civic nature.
i. Service to government. Heritage shall provide upon request a
reasonable number of free drops not to exceed four per building
to all government buildings and schools which are passed by the
cable plant.
• ~ ~ (Ord. 19(1989) § 13.)
21.Od.140 Subscriber ri6hts and complaints.
A. At the time an installation or service agreement is to be signed,
lietitage shall furnish to each subscriber a written statement that
clearly sets forth the following:
• I . A complete schedule or rates, fees, charges, and the terms
and conditions of service currently applicable to the type of
installation and service offered.
• 522-53
tv,u tz-zv-s9~
FRANCI{lSES
2. A complete statement of the subscriber's right to privacy in
conformance with federal or state law.
3. Information concerning the procedun:s for making inquiries
or complaints.
4. Tl~e address and telephone number of the Heritage office
responsible for handling complaints.
B. The business office of Heritage shall have a locally listed
telephone number, and at a minimum, be open for business eight
. Fours a day on weekdays and have a sufficient number of lines
so that the office is reasonably accessible by telephone and
telephone lines are not continuously busy. Heritage business
offices shall be located within the Town of Vail boundaries or
within a distance of ten miles from the Town of Vail boundaries.
C. ,All complaints shall be handled in accordance with the
procedures set forth in the Town of Vail Cable Television
Franchise Ordinance.
(Ord. 19(1989) §14.)
21.04.150 Privacy policies.
Heritage shall endeavor to operate its business in such a way as
to give effect to the privacy rights of each subscriber and user in
accordance with the Vail Cable Television Franchise Ordinance, the
requin:ments set forth herein and other applicable federal, state and
local laws and regulations. (Ord. 19(1989) §15.)
21.0=1.160 Franchise renewal.
This franchise may be renewed by the town in accordance with
the provisions of the Town of Vail Franchise Ordinance and
applicable law. (Ord. 19(1989) §16.)
21.114.170 Transfer of ownership or control.
A. Tile Franchise granted herein is a privilege which is personal to
Heritage and to its parent company, TCI, lne. Except as
provided in subsection D of this section, neither the franchise,
this agreement, nor any rights or obligations of Heritage
pursuant to this agreement or in the system shall be assigned,
transferred, pledged, leased, sublet, or mortgaged in any
522-54
lv=a tz-ivs~l .
s •
~ HERITAGE CABLEVISION FRANCHISE AGREEMENT
manner, in whole or in part, to any person, nor shall title
thereto, either legal or equitable, or any right or interest therein,
pass to or vest in any person, nor shall any change in control or
ownership in any twelve-month period of at least ten percent of
• the total outstanding securities of Heritage or ICI, Inc. occur,
either by acts of Heritage or by ICI, [nc., by operation of law,
. or otherwise. Any such action completed without the prior
consent of the town shall be null and void. The grant or waiver
of any one or more of such consents shall not render
unnecessary any subsequent consent or consents, nor shall the
grant of any such consent constitute a waiver of any other rights
of the town pursuant to this agreement.
B. Heritage shall promptly notify the town of any proposed action
requiring the consent of the town pursuant to subsection A, by
submitting to the town manager, with a copy to the town
• attorney, a petition requesting the approval of the town. The
petition shall fully describe the proposed action and such
additional supporting information as the town manager oc town
attorney may require in osier to review or evaluate the proposed
action. Upon review of the petition, the town manager shall
submit the petition to the town council together with a '
recommendation for action on the petition.
C. After receipt of the petition for consent, the town council shall
schedule a public hearing on the petition. For the purpose of
determining whether it will grant its consent, the town council
may inquire into: (1) the qualifications of any proposed
assignee, transferee, lessee, sublessee or person acquiring the
system in any manner, including without limitation, its legal,
financial and technical abilities; (2) all matters relevant to
whether such person will adhere to applicable provisions of this
. agreement; (3) all matters relevant to the public interest in the
transfer; and (4} all other relevant matters. Heritagc shall
• provide all requested assistance to the town in connection with
such inquiry and, as appropriate, shall secure the cooperation
and assistance of all persons involved in said action.
D. Notwithstanding the prohibition of subsection A of this section
2 ] .04.170:
1. Section 21.43.170 shalt not prohibit, nor require prior
approval with respect to, any security interest or mortgage,
solely for financial purposes unrelated to a change of control
' S2?-55
(V~il 12-29.89)
FRANCHISES ~ ~
of Heritage or TCl, Inc., provided that each such security
interest or mortgage, shall be subject to the rights of the
town pursuant to this agreement or applicable, law, and no
sale or other disposition pursuant to any such security
interest or mortgage shall be permitted except upon consent
of the town pursuant to paragraph 2; and
2. Section 21.04.170 shall not prohibit any transfer of which
the town was notified in accordance with subsection B of
• • . this section and to which the town has given its written
approval, expressed by ordinance passed by the town
council.
E. In deciding whether to approve any proposed transfer under this
Section 2l .04.170, the town council may consider any or all of
the factors set forth in subsection C of this Section 21.04.170,
and whether the requirements of the franchise should be
upgraded in order to satisfy cable-related community needs,
taking into account the cost of satisfying such needs. The town
council may condition its approval of any such transfer upon a
commitment to satisfy such cable-related community needs,
taking into account the cost thereof, and upon other appropriate
terms, to satisfy its legitimate concerns as to the factors
identified in subsection C of this section.
(Ord. 19(1989) §17.)
21.O~i.180 Police powers.
In accepting this franchise, Heritage acknowledges that its rights
hereunder are subject to the police powers of the town to adopt and
enforce general ordinances necessary to the safety and welfare of the
public and it agrees to comply with all applicable general laws and
" ~ ordinances enacted by the town pursuant to such power. Any
cont]ict between the provisions of this franchise agreement and any
. other present or future lawful exercise of the town's police power
shall be resolved in favor of the latter, except that any such exercise
that is not a general application of the jurisdiction or applies
exclusively to Heritage or cable communications system which
contains provisions inconsistent with this agreement shall prevail
orily if, upon such exercise, the town finds that an emergency exists
constituting a danger to health, safety, property, or general welfare
. or such exercise is mandated by law. (Ord. 19(1989) § 18.)
522-56
(V~il 12.29.89)
•
HERITAGE CASLEVISION FRANCHISE AGREEMENT
21.04.190 Franchise fee.
A. Annual franchise payment. Heritage shall pay to the town five
percent of its annual gross revenues during the period of its
operation under the franchise, pursuant to the provisions of the
Town of Vail Cable Television Franchise Ordinance. If during
the term of this agreemen4 any court, agency or other authority
of competent jurisdiction takes any action or makes any direct
declaration that adversely affects the amount of the franchise fee
payable to the town as set forth in this section, the town and
Heritage shall enter into negotiations to amend this franchise
agreement to make the town whole in a manner consistent with
said action or declaration by restoring the town to a position
equivalent to that which had held prior to said action or
declaration to the extent allowed bylaw.
B. Payments due the town under this provision shall be computed
- at the end of each quarter year for that quarter year. Payments
shall be due and payable for each quarter or a portion of a
quarter year to the town sixty days after the close of that quarter
or a portion of a quarter year. Each payment shall be
accompanied by a brief report showing the basis for the
computation and such other relevant facts as may be required by
the town.
C. No acceptance of any payment by the town shall be conswed as
a release or as an accord and satisfaction of any claim the town
may have for further or additional sums payable as a franchise
fee or for the performance of any other obligation of Heritage.
G. The town agrees that two percent of the annual grass revenues
paid to the town in accordance with this Section 21.04.190 shall
be utilized for local public access purposes.
(Ord. 19(1989) §19.)
21.04.200 Rates and charges.
A. Initial rates. Heritage initial rates and charges, contained in
Exhibit D4 hereto shall be applied fairly and uniformly to aU
subscribers in the town
B . Rate regulation.
1. Rate regulation may apply to the extent that Heritage is not
exempt from local rate regulation by preemption of state or
' federal law. To the extent that state or federal law or
522-57
(Vail 11.19.89)
FRANCHISES ~ .
regulation may now, or as the same may hereafter be
amended, authorize the town to regulate the rate for any
particular service tiers, service packages. equipment or any
other services provided by Heritage, the procedures for
processing rate increases as set forth in the Town of Vail
Cab1~ Television Franchise ONinance shall apply. Heritage
shall comply with all notice requirements set forth in the
Town of Vail Cable Television Franchise URi'tnance relating
to rate increases and decreases.
2. Heritage and the town hereby agree that, as of the effective
date of this agreement, the Town of Vail is a market which
is not subject to effective competition as defined by FCC
regulations promulgated in furtherance of Section 623(b) of
Cable Communications Policy Act of 1984 (the Act).
Consequently, Heritage and the town agree that the town
- shall have the right to regulate the rates charged subscribers
for basic cable served pursuant to Section 623(b) of the Act.
(Ord. 19(1989) §20.)
21.04.210 Insurance.
Certificates or policies evidencing insurance in the amounts
n:quired by the Vail Cable Television Franchise Ordinance shall be
provided by Heritage and shall be filed in the ofFce of the town
clerk. Insurance shall cover acts by Heritage, its employees, agents,
subcontractors or any other person acting on behalf of heritage.
(Ord. 19(1989) §21.)
2I.0~3.220 Cooperation.
• ~ ~ The parties recognize that it is in their best interest for the cable
communications system to be operated as efficiently as possible and
- for any required rebuilding of the system to occur in accordance with
the requirements and schedule as set forth in this agreement. To
achieve this, the parties agree to cooperate with each other in
accordance with the terms and provisions of this franchise
. agreement. Should either party believe that the other is not acting
kindly or reasonably in accordance with the applicable regulations
522-58 ,
(V~il 12-29-89)
HERITAGE CABI_EVISION FRANCHISE AGREEIvtENT
and procedures in responding to a request for action, that parry shall
no[ify the agents designated for that purpose by the other. "Rte agent
will use its best effort to facilitate the particular action requested.
(Ord. 19(1989) §22.)
21.04.230 Waiver.
The failure of the town at any time to require performance by
Heritage of any provision hereof shall in no way affect the right of
the town hereafter to enforce the same. Under no circumstances
shall the waiver of the town of any breach or any provision hereof
be taken oc held to be a waiver of any succeeding breach of such
provision or as a waiver of the provision itself. (Ord. ]9(1989)
§23.)
21.04.240 Cumulation of remedies.
The rights and remedies reserved to the town by this franchise
agreement are cumulative and shall be in addition to and not in
derogation of any other rights or remedies which the town may have
with respect to the subject matter of this franchise agreement, and a
waiver thereof at any time shall have no effect on the enforcement of
such tights or remedies at a future time. (Ord. I9(1989) §24.)
21.04.250 Compliance with federal, state, and local
laws.
Heritage, its employees, and agents shall be familiar with all
federal, state, local and municipal laws, ordinances, rules and
regulations which in any manner affect those engaged or employed
• in the work, or the materials or equipmcnt used in or upon the work
or in any way affect the work and no plea of misunderstanding will
be considered upon account of the ignorance thereof. Heritage's
contractors, employees and agents shall comply with all applicable
federal, state and local laws, rules and regulations issued thereto and
Heritage shall indemnify the town against any loss, liability, or
damage occasioned by reason of its violation of this section.
' Heritage shall maintain and install its wires, cables, fixtures, and
other equipment in compliance with all applicable fedentl, state, and
522-59
. (Vail 12.29.89)
i •
• FRANCHISES • ~
local law, and in such a manner so as not to interfere with any
installation of the town's other cable franchises or utilities. (Ord.
- 19(1989) §25.)
21.04.260 Notices.
All notices from Heritage to the town pursuant to this agreement
shall be sent to 75 South Frontage Road, Vail, Colorado 81657.
I leritage shall maintain a local office and telephone number for the
conduct of matters related to the franchise. Ail notices to Heritage
shall be sent to Heritage Cablevision, 2195 Ingersoll Avenue, Des
Moines, Iowa 50312, Attn: Legal Depanment. (Ord. 19(1989)
§26.)
21.04.270 Captions.
- Captions to sections throughout this agreement are solely to
facilitate the reading and reference to sections and provisions of the
agreement. Such captions shall not affect the meaning or
interpretation of the agreement. (Ord. 19(1989) §27.}
21.04.280 Company shall hold town harmless.
Heritage shall save and keep the town and its officials, boards,
commissions, agents and employees free and harmless from any
loss, expense or damage to person or property arising out of or
resulting from any provision or requirement of the franchise or
exercising its rights or performing its duties under this franchise.
(Ord. 19(1989) §28.)
21.04.290 Time is of the essence.
~ Whenever this franchise agreement sets forth any time for any
act to be performed by either of ttie parties, such time shall be
- ~ deemed to be of the essence of this agreement. (Ord. 19(1989)
§29.)
21.04.300 Construction of agreement.
This agreement shall be governed, construed and enforced in
accordance with the laws of the State of Colorado, except that the
parties' respective rights and obligations hereunder shall be subject
522-60
(Vail 12.29.89)
• •
HERITAGE CABLEVISION FRANCHISE AGREEMENT
to any applicable provisions of the Cable Communications Policy
Act of 1984, as now existing or as the same may be from time to
time hereinafter amended, and the applicable provisions of the
Communications Act of 1934 as hereinafter amended, any applicable
rules, regulations and orders of the Federal Communications
Commission and any applicable [vies, regulations, legislation or
orders of any other public body having jurisdiction over the subject
matter hereof. (Ord. 19(1989) §30.)
21.04.310 No joint venture.
Nothing herein shall be deemed to create a joint venture or
principal agent relationship between the parties and neither party is
authorized to, nor shall either party act toward third persons or the
public in any manner which would indicate any such relationship
with the other. (Ord. 19(1989) §31.)
21.04.320 Entire agreement.
This agreement, all attachments hereto, and the Vail Cable
Television Franchise Ordinance as incorporated herein, represent the
entire understanding and agreement between the parties with respect
to the subject matter hereof, supersede atl prior oral negotiations
between the parties and can be amended, supplemented, modified or
changed oNy by an agreement in writing which makes special
reference to this agreement or to the appropriate attachment or
document which is signed on behalf of both parties. (Ord. 19(1989)
§ 32.)
21.04.330 Severability.
if any section, subsection, sentence, clause, or phr,~se or portion
of this agreement is, for any reason held invalid or unconstitutional
.
by any court of competent jurisdiction, such portion shall tx: deemed
a separate, distinct and independen[ provision and such holding shall
not affect the validity of the remaining portions of this agreement.
(Ord. 19(1989) §33.)
522-61
(V iii 12.29-89)
• •
FRANCHISES -
TITLE 21 FOOTNOTES
1. See Chapter 21.02 for the Cable Television Franchise
Ordinance.
2. Exhibit A, as referred to herein, can be found on file in the
office of the town clerk, attached to and made a part of
Ordinance No. 19 of 1989.
3. Exhibit C, as referred to herein, can be found on file in the
office of the town clerk. attached to and made a part of
Ordin~rtce No. 19 of 1989.
d. Exhibit D, as referred to herein, can be found on file in the
• office of the town clerk, attached to and made a pan of
Ordinance No. 19 of 1989.
522-62
tv.~ iz•z9-av>
• •
APPENDIX B
CABLE TELEVISION FRANCHISE ORDINANCE
(TITLE 21, CHAPTER 21.02)
•
CABLE TELEVISION FRANCHISE ORDINANCE
Chapter 21.02
CABLE TELEVISION FRANCHISE. ORDINANCE
Sections:
21.02.010 Cable communications ordinance.
21.02.020 Purpose.
21.02.030 Applicability.
21.02.040 Definitions.
21.02.050 Requirement of a franchise.
21.02.460 General franchise characteristics.
21.02.070 Franchise as a contract.
21.02.080 Conflicts.
21.02.090 Franchisee subject to police power.
• 21.02.100 Franchise validity.
Z 1.02.110 Filing of applications.
21.02.120 Content of applications.
21.02.130 Consideration of applications.
21.02.140 Acceptance.
21.02.150 Franchise term.
21.02.160 Franchise fee.
21.02.170 Insurance, bonds, indemnity.
21.02.180 Letter of credit.
21.02.140 Liquidated damages.
21.02.200 Forfeiture and termination.
Z 1.02.210 Insolvency.
21.02.220 Removal of cable communications
system.
21.02.230 Subscriber fees and rates.
„ • 21.02.240 Reports.
21.02.250 Records required.
21.02.260 Filings.
• 21.02.270 Service calls and complaint procedures.
21.02.280 Service to subscribers.
21.02.290 Leased access.
21.02.300 Public drops.
21.02.310 Lockout device.
21.02.320 Protection of subscriber privacy.
21.02.330 Construction and installation work.
522-3
(V~i1 12.29.89}
FRANCHISES ~ ° ~
21.02.340 Location of structures, lines and
equipment.
21.02.350 Replacement of paving.
• 21.02.360 Alteration of streets by town.
21.02.370 Trimming trees.
21.02.380 Temporary move of cables.
21.02.390 Refunds and service terminations.
21.02.400 Service area.
21.02.410 Continuity of service.
21.02.420 Transitional operation.
21.02.430 Periodic reevaluation and renegotiations.
21.02.440 Theft of services and tampering.
21,02.450 Renegotiation.
21.02.460 Severability.
21.02.010 Cable communications ordinance.
This chapter shall be known as the Cable Communications
Ordinance. (Ord. 18(1989) §1.)
21.02.020 Purpose.
The purposes of this chapter are:
A. Provide for the franchising and regulation of cable television
within the Town of Vail.
B. Provide for a cable communications system that will meet the
current needs of the town and that can be improved and
upgraded to meet futun: needs.
C. Provide for the payment of fees and other valuable consideration
to the town for the use of the public ways and for the privilege to
• • ~ ~ - construct and operate cable communications systems.
D. Provide for the regulation by the town of certain rates to be
charged to subscribers for certain cable communications
services, as permitted bylaw.
E. Provide for the development of cable communications as a
• means to improve communication between and among the
members of the public and public institutions of the town.
F. Provide remedies and prescribe by penalties for violation of this
chapter and any franchise granted hereurxier.
(Ord. 18(1989) §2.)
522
(V¦il 1:•29.89)
CABLE TELEVISION FRANCHISE ORDINANCE
21.02.030 Applicability.
This chapter is applicable to any application for a cable franchise
filed on or after the effective date of this chapter and to any such
franchise granted thereafter. (Ord. 18(1989) §3.)
21.02.040 Definitions.
For the purpose of this chapter the following terms, phrases,
words and the derivations shall have the meanings given herein.
When not inconsistent with the context, words used from tl~e present
tense include the future, words in the plural number include the
singular and words in the singular number include the plural
number. The word shall is mandatory and the word may is
permissive. Words not defined shall be given their common and
ordinary meetings.
• A. "Access channel" shall mean any channel set aside for public
use, educational use, or govemmcntal use withou[ a channe! use
charge.
B . "Access user" shall mean any person or entity entit]ed to make
use of an access channel consistent with the intended purpose of ,
the channel.
C. "Application" shall mean a proposal seeking authority to
construct and operate a cable communications system within the
town pursuant to this chapter. It shall include the initial proposal
plus all related subsequent amendments and correspondence
with the town.
D. "Basic service" shall mean subscriber cable television services
which includes the delivery of local television broadcast signals
as required by the FCC, access channels, lease channels and
local origination channels as covered by the regular monthly
. charge paid by all subscribers to any service tier excluding
premium services, two-way services, and FM radio services.
E. "Cable television services" shall mean the one-way transmission
of video programming and associated non-video signals to
subscribers together with subscriber interaction, if any, which is
provided in connection with the video programming.
F. "Cable communications system" or "system" shall mean anon-
broadcast facility consisting of a set of transmission paths and
associated signal generation, and reception and control
equipment, under common ownership and control, that
522-5
(V ~i1 12.29.89)
~ w
FRANCHISES `
distributes or is designed w distribute to public subscribers cable
television services, institutional services, or other
communications services, but such terms shall not include:
1. A facility or combination of facilities that serves only to
retransmit the television signals of one or more television
broadcast signals;
2. A facility or combination of facilities that serves only
subscribers in one or more multiple unit dwellings under
common ownership, control, or management, unless such
facility or facilities use any public right-of-way;
3. A facility of a common carrier which is subject, in whole or
in part to the provisions of Title 11 of the Communications
Act of 1934, as amended; except that such facility shall be
considered a cable system [other than for the purposes of 47
U.S.C. 54l(c)] to the extent such facility is used and the
transmission of video programming directly to subscribers;
or
4. Any facilities of an elcctric utility used solely for operating
its electric utility system.
G. "Town" is the Town of Vail, Colorado.
H. "Channel" shall mean six Megahertz (MHz) frequency band.
which is capable of carrying either one standard video signal, a
number of audio, digital or other non-video signals or some
combination of such signals and which is at least six MHa wide.
I. "Connection" shall mean the attachment of the drop to the radio
or television set or other communication device of the
subscriber.
"Converter" shall mean an electronic tuning device which
converts transmitted signals to a frequency which permits the
reception on an ordinary television receiver.
~ ~ K. "Council" or "town council" shall mean the governing body of
the Town of Vail.
L. "Drop" shall mean the cable that connects a subscribes terminal
to the nearest feeder line of the cable communications system.
M "Easement" shall mean a right to use all public rights-of-way
including public utility easements.
N. "Feeder line" shall mean the coaxial or fiber optic cable nulrting
from the trunk line to line extenders and taps for the purpose of
interconnection to individual subscribers.
522-6
(Vail 12.29.89)
CABLE TELEVISION FRANCHISE ORDINANCE
0. "FCC" shall mean the Federal Communications Commission.
P. "Gross revenue" shall mean all operating revenue from the cable
communications system derived directly or indirectly by a
franchisee, its affiliates, subsidiaries, parent, and any person in
which the franchisee has a f-financial interest in association with
the provision of cable communications services with the town,
including but not limited to, service tier monthly fees, _p~
service fees in excess of programming vendor fees, institutional
service fees, installation and reconnection fees, leased channel
• ~ fees, converter rentals, studio rental, production equipment and
personnel fees, advertising revenues, copyright fees; provided,
however, that this shall not include any taxes on services
famished by the franchisee payable to the State of Colorado or
any other govemmental unit and collected by the franchisee on
behalf of said governmental unit, or any revenues from the
provision of cable communications services outside the town, or
any revenues from sale of capital assets or lease of property for
purposes unrelated to cable communications system.
Q. "Installation" shall mean the act of connecting the system from
the feeder cable to the subscriber's receiver so that the
installation is to the subscriber's torminal or receiver.
R. "Institutional services" shall mean one and two-way non-
entertainment transmission services for businesses, public
agencies and community institutions. Such services include, but
are not limited to, video transmission and voice and data
communications.
S. "Leased channel" or "leased access channel" shall mean any
channel or part of a channel, available for commercial use on a
fee basis by persons or ennties other than a franchisee.
T. "Franchise" shall mean llte non-exclusive right and authority to
construct. maintain, and operate a cable communications system
through use of the public streets, dedications, public utility
easements, or other public right-of-way or public places in the
town pursuant to a contractual agreement executed by the town
and a franchisee.
U. "Franchisee" or "grantee" refers to an entity authorized to
' construct, or operate, or both, a cable communications system
within the town pursuant to this chapter including any lawful
successor, transferee, or assignee of the original grantee.
522-7
(V~i] 12.29.89}
FRANCHISES ~
V. "Monitoring" shall mean observing a communications signal
carried on a cable communications system, or the absence of
such a signal, by any person without regard to whether such
observation is by visual or electronic means. Monitoring shall
not include system-wide sweeps of the cable communications
system for purposes of verifying the integrity of the system
. and controlling return path of the transrnissions.
W. "Pay television" shall mean the delivery over the system of per
channel audio-video signals to subscribers for a fee or charge
in addition to the charge for basic service.
X. "Person" shall mean any person, firm, partnership,
association, corporation, company, or organization of any
kind.
Y. "Service tier" shall mean a specific set of cable subscriber
• services which are made available as, and only as, a group for
purchase by subscribers at a specific rate for the group.
Z. "Street" or "public way" shall mean the surface and the space
below and above any public sveet, road, highway, path,
sidewalk, alley, court, or easement now or hereafter held by
the town for the purpose of public travel or public utilities and
shall include public easements orrights-of-way.
AA. "Subscriber" shall mean a recipient of cable television service
or other services provided over a cable communications
system.
BB. "User" shall mean a party utilizing a cable communications
systems facility for the purpose of production or transmission
of material or information to subscribers.
(Ord. 18(1989) §4.)
• 21.02.050 Requirement of a franchise.
[t shall be unlawful to construct, install, maintain, or operate a
cable communications system or part of a cable communications
system within the town without a valid franchise obtained in
accordance with the provisions of this chapter. (Ord. 18(1989) §S.)
21.02.060 General franchise characteristics.
Any franchise issued in accordance with the provisions of this
chapter shall be deemed to:
522-8
(Vail 12.29.89)
CABLE TELEVISION FRANCHISE ORDINANCE
A. Authorize use of the public ways for installing cables, wires,
lines and other facilities in order to operate a cable
communications system, but shall neither expressly nor implied
be deemed to authorize the grantee to provide service to, or
install cable, wires, lines, or any other equipment or facilities
upon private property without owner consent, or to utilize
publicly or privately owned utility poles or conduits without a
separate agreement with the owners therefor,
B. Be non-exclusive, and shall neither expressly nor implied be
deemed to preclude the issuance of subsequent franchises to
operate one or more cable communications systems within the
town; and
C. Convey no property right to the franchisee or right to renewal
except as required by federal and state law.
. (Ord. 18(1989) §6.)
21.02.070 Franchise as a contract.
A franchise issued pursuant to the provisions of this chapter
shall be deemed to constitute a contract between the franchisee and
the town. The franchisee shall be deemed to have contractually
committed itself to comply with the terms, conditions, and
provisions of the franchise documents, and with all rules, orders,
regulations, and determinations applicable to the franchise which are
issued, promulgated, or made pursuant to the provisions of this
chapter. (Ord. 18(1989) §7.)
21.02.080 Conflicts.
A. All terms, conditions and provisions of this chapter and the
. . application for a franchise shall be deemed to be embodied in a
franchise, and conflicts in terms, conditions or provisions
between these documents shall be resolved as follows:
1, The express terms of this chapter shall prevail over
conflicting or inconsistent provisions of the franchise;
2. The express terms of the franchise shall prevail over
conflicting or inconsistent previsions in the application and
any request for proposals; and
522-9
(V sit 1239.89)
FRAI\'CHISES - • ~
3. The express terms of any request for proposals shall prevail
over conflicting or inconsistent provisions in the application
for the franchise.
B. The provisions of the franchise shall be liberally conswed in
order to effectuate its purposes and objectives consistent with
this chapter and the public interest. In the event one or more
provisions of the franchise or this chapter or subsequently found
to be unlawful, null and void or unenforceable, the town stall,
- - at i[s sole option, have the right to consider said provisions
severed from the franchise so as to continue the franchise's
effectiveness, in accordance with the terms of [his chapter. Any
franchise agreement will be corutrued under the laws of the State
of Colorado.
(Ord. 18(1989) §8.)
21.OZ.090 Franchisee subject to police power.
A franchisee shall, at all times during the life of the franchise, be
subject to all lawful exercise of the police power by the town and
through such lawful regulations as the town shall hereafter enact.
Tl~e construction, operation, and maintenance of the system shall
also be in full compliance witlt all other applicable rules and
regulations now in effect or hereafter adopted by the United States,
tt~e State of Colorado, or any agency of said governments. (Ord.
18(1989) §9.)
21.02.100 Franchise validity.
A grantee shall agree, by the acceptance of a franchise, to accept
the validity of the terms and the conditions of this chapter and the
- Cranctiise in their entirety and that the grantee will not, at any time in
any claim or proceeding, challenge any term or provision of this
chapter or the franchise as unreasonable or arbitrary or argue that the
town did not have the authority to impose such term or condition.
(Ord. 18(1989) §10.)
21.02.110 Filing of applications.
Applications for a cable communications franchise will be
. considered pursuant to the following procedures:
522-10
(Vail IZ•29-89)
~I
CABLE TELEVISION I'RANC1iISE ORDINANCE
A. An application may be filed at any time or pursuant to a request
for proposals issued by the town.
B. Upon the filing of an application, the town shall publish notice
of the filing in a newspaper of general circulation in the town.
Any person wishing to submit any comment on the applicavon
shall, within fiheen days of the date of notice of the first
application, file such comment with the town manager.
C. All applications to be acceptable for filing must be accompanied
by a filing fee of ten thousand sixty dollars. The town shall
apply all filing fees received against all costs associated with its
evaluation of any pending applications pursuant to this chapter.
In the event that total costs are less than the total filing fees, the
town shall refund a portion of the filing fee on a prorated basis
for each applicant within fony-five days after franchise grant.
The town shall famish applicant wide documentation of all costs
incurred at that time.
(Ord. 18(1989) § 11.)
21.02.120 Content of applications.
To be acceptable for filing, an application must conform to any
' applicable request for proposals and all the information specified
therein. Where an application is not fried pursuant [o a request for
proposals shall contain at minimum, the following information:
A. Identification of the ownership of the applicant, if not a natural
person, including the names and addresses of all persons with
one percent or more ownership interest and the ultimate
controlling natural persons and identification of all officers and
directors and any other primary business affiliation of each.
B. An indication whether or not the applicant, or any entity
~ ~ ~ controlling the applicant, including any officer of a corporation
or a major stockholder thereof, has been adjudged bankrupt, has
had a cable franchise revoked, or been found guilty by any coup
of administrative agency in the United Slates of:
1. A violation of a security or antiwst law; or
2. A felony or any other crime involving moral turpitude.
Identify any such person or entity and fully explain the
circumstances.
C. A demonstration of the applicant's technical and financial ability
to construct and operate the proposed cable facility.
522-11
(YaiJ !2.29.89)
1
FRANCHISES ~ ~
D. A description of the physical facility proposed, including
channel capacity including one-way and two-way, if any, the
area to be served, a summary of technical characteristics, and
head end and access facilities.
E. A description relating how any construction wi]] be
implemented, identification of areas having above ground or
below ground cable facilities, the proposed construction
schedule, and a description where appropriate, indicating how
service will be converted from any existing facility to a new
facility.
F. A description of the services to be provided over the system,
including identification of television signals, both broadcast and
non-broadcast, to be carried and all non-television services to be
provided initially. Where service will be offered by tiers,
identify the signals or services, or both, to be included on each
tier.
G. The proposed rates to be charged, including rates for each
service tier, as appropriate, and charges for installation,
converters and other services.
H. Information as necessary to demonstrate compliance with all
relevant requirements contained in this chapter.
I. A demonstration stating how the proposal is reasonable to meet
the future cable related community needs and interests. (n
particular, the application should describe how the proposal will
satisfy the needs as analyzed in any recent community needs
assessment commission by dte town.
J. A demonstration how the proposal was designed to be consistent
with all federal and state requirements.
K. Pro forma financial projections for each year of the franchise
term. The projections shall include a statement of income,
• • • ~ ~ ~ balance sheet, statement of sources and use of funds, and
schedule of capital additions. All significant assumptions shall
be explained in notes oc suppon.ing schedules set accompanying
the projections.
L. A complete list of all cable communications systems in which d>c
applicant or a principal thereof holds an equity interest.
M. An affidavit of the applicant or duly authorized officer thereof
certifying, in a form acceptable to the town, the truth and
accuracy of the information contained in the application.
522-12
(Vail 12•:9-89)
•
CAB LE TELEVISION FRANCHISE ORDINANCE
N. In the case of an application by an existing franchisee for
renewed franchise, a demonstration that said franchisee has
substantially complied with the material terns of the existing
franchise and with applicable law.
O. Any person who files an application with the town for a cable
communications franchise shall forthwith, at all times, disclose
to the town, in writing, the names, addresses, and occupations
of all persons who are authorized to represent or act on behalf of
the applicant in those matters pertaining to the application. The
requirement to make such disclosure shall continue until the
town shall have rejected an applicant's application or until an
applicant withdraws its application.
(Ord. 18(1989) §]2.)
21.02.130 Consideration of applications.
A. The town shall consider each application for a franchise with the
applications found to be acceptable for filing and in substantial
compliance with the requirements of this chapter and any
applicable request for proposals. In evaluating an application, ,
the town will consider, among other things, the applicant's past
service record in other communities, the natwe of the proposed
facilities anti services, including rates to be charged therefor, and
whether the proposal is adequate to meet the future cable related
community needs and interests of the citizens of the town.
Where the application is for a renewed franchise, [he town shall
consider whether.
1. The cable operator has substantially .complied with the
material terms of the existing franchise and with applicable
law;
2. The quality of the operator's service, including signal
quality, response to consumer complaints, and billing
practices, but without regard to the mix, quality, or level of
cable services or other services provided over the system,
has been reasonable in light of community needs;
3. The operator has the financial, legal and technical abiliq~ to
provide the services, facilities and equipment as set forth in
the operator's proposal: and
522,-13
(Vail 1229-89)
FRANCEIISES
4. The operator's proposal is reasonable to meet the future
cable related community needs and interests, taking into
account the cost of meeting such needs and interests.
B. Where the town determines that an applicant's proposal,
including the proposed service area, would serve the public
interest, and may grant a franchise to the applicant. The
franchise agreement will constitute a contract, freely entered
into, between the town and the grantee. Said franchise
agreement shall incorporate by n;ference the relevant provisions
of this chapter. Any such franchise must be approved by
ordinance of the town council pursuant to the ordinances of the
town and the charter of the town.
C. In the course of considering an application for renewed
franchise, the council shall hold a public hearing, consistent with
- tt~e provisions of 47 U.S.C., Section 626 as existing or as may
from time to time be amended.
D. A franchise granted pursuant to this chapter shall not take effect
until the applicant pays a grant fee to the town. The grant fee
shall be equal to the town's reasonable direct costs in the
franchising process, less the application filing fee received. The
town shall provide to the grantee a statement summarizing such
costs prior to the execution of the franchise. .
(Ord. l8(1989) § 13.)
21.Q2.140 Acceptance.
A franchise and its terms and conditions shall be accepted by a
grantee by written instrument, in a form acceptable to the town
attorney, and filed with the town clerk within thirty days after the
graruing of the franchise by the town. In its acceptance, the grantee
- shall declare that it has carefully read the terms and cotxli[ions of this
chapter and the franchise and accepts all of the terms anti conditions
oC this chapter and the franchise and agrees to abide by same. In
accepting a franchise, a grantee sha[1 indicate that it has relied upon
its awn investigation of all relevant facts, that it was not induced to
accept the franchise and that it accepts all reasonable risks relating to
die interpn;tation to the franchise. (Ord. 18(1989) § 14.)
522-14 .
(Vail 12.24.84)
CABLE TELEVISION FRANCMSE ORDINANCE
21.02.150 Franchise term.
The term of a franchise shall be as specified in the franchise
agreement, but it shall not exceed fiheen years. ~ If a franchisee seeks
authority to operate a cable system in the town beyond the terms of
its franchise, it shall file an application for a renewed franchise not
later than thirty months prior to the expiration of its franchise. (Ord.
18(1989) § 15.)
21.02.160 Franchise fee.
A. The franchisee in consideration of the privilege granted under a
franchise for the use of the public ways and the privilege to
construct and operate a cable communications system, shall pay
- to the town five percent of its annual gross revenues during the
- period of its operation under the franchise.
B. A franchisee shall file with the town, thirty days after the last
day of each quarter, a financial statement showing the gross
revenues received by the Franchisee during the preceding
quaver. A franchisee shall pay the quarterly portion of the
franchise fee to the town on or before the time such financial
statement is due to be filed. With each payment required by this
section the franchisee shall submit a written statement, signed
and certified by the franchisee to be true and correct, showing
for tl~e immediately preceding calendar quarter the amount of
gross revenues, the amount of all revenues derived from the
system and an itemization of all permissible deductions
therefrom to amve at gross revenues. The franchisee shall also
submit to the town on or before the thirtieth day following t}ie
end of each calendar year and following the expiration or
termination of this franchise a written statement, signed and
certified by the franchisee to be we and correct, showing for the
immediately preceding year or partial year, as applicable, the
amount of gross revenues, the amount of all revenues derived
from the system and an itemization of all permissible deductions
therefrom to arrive at gross revenues. The town shall have the
right on thirty days notice to the franchisee to demand that the
annual statement be certified to be true and correct and in
compliance with the requirements of this chapter by both the
franchisee and an independent certified public accountant in
accorriance with sound and accepted accounting practice. The
SZZ-15
(V~il 12.29-89)
•
FRANCHISES ~ ~
statements referred to in this subsection shall be in such form
and style and contain such details and information as the town
shall reasonably designate. The acceptance by the town of
payments or reports thereof shall be without prejudice and shall
not constitute a waiver of the towns right to claim a deficiency
in the payment of franchise fees or to audit the franchisee's
books and records, as hereinafter set forth.
C. Upon five days prior written notice to the franchisee, flee town
shall have the right to cause a complete audit to be made of the
books and records of the franchisee with respect to the system.
If~ the results of such audit show that the franchisee's statement
of gross revenues for any period ending not more than three
years prior to the commencement of the audit has been
understated by three percent or more, then the franchisee shall
- pay the town the cost of such audit, any deficiency payment
shown by such audit to be due and interest thereon at the agreed
rate. A report of the findings of the town's accountant shall be
binding and conclusive upon the Franchisee and the town.
D. In the event that any franchise pa~•ment is not received by the
town on or before the applicable date, interest shall be charged
from such due date at an annual interest rate then chargeable for
unpaid federal income taxes (2b U.S.C., Section 6621). In
addition to the foregoing, the franchisee shall pay a late charge
of five percent of the amotmt of such payment. Interest and late
charges will not be chargeable to the franchisee for additional
payment required under the yearly adjustment, provided that
such payment does not exceed ten percent of the total monthly
payments made during the year. In the event such payment
exceeds ten percent, the franchisee shall be liable for interest and
late charges for the entire amount.
• ` E. In the event a franchise is revoked or otherwise terminated prior
to its expiration date, the franchisee shall file with Ute town,
within ninety days of the date of revocation or termination, an
audited financial statement showing the gross revenues received
by the franchisee since the end of the previous year and shall
make adjustments at that time for the franchise fees due up to the
date of revocation or termination.
(Ord. 18(1989) §16.)
522-16
(~'~il 12.29.89)
i ~
CABLE TELEVISION 1=RANCHISE ORDINANCE
21.02.170 Insurance, bonds, indemnity.
A. Upon the granting of a franchise and following simultaneously
the filing of the acceptance of the franchise and at all times
during the term of the franchise including the time for removal
of facilities or management as a trustee as provided for herein.
the franchisee shall obtain, pay all premiums for, and deliver to
the town wrstten evidence of payment of premiums for and the
originals of the following:
. 1. A general comprehensive public liability policy or policies
indemnifying, defending, and saving harmless the town, its
officers, boards, commissions, agents, or employees from
any and all claims by any person whatsoever, including the
costs, defenses, attorneys fees, and interest arising
therefrom on account of injury to or death of a person or
- persons occasioned by the operations of the franchisee
under the franchise herein granted, or alleged to have been
so caused or occurred, with a minimum liability of one
million dollars per personal injury-or death of any one
person and three million dollars for personal injury or death
of any two or more persons in any one occurrence. The
policy shall be endorsed adding coverage against all claims
for personal injury liability offenses.
2. A property damage insurance policy or policies
indemnifying, defending, and saving harmless t1~e town, its
officers, boards, commissions, agents, and employees from
and against any and all claims by any person whatsoever,
including the costs, defenses, attomeys fees, and interest
arising therefrom, for propeny damage occasioned by the
operation of the franchisee under the franchise herein
granted, or alleged to have been so caused or occurred, with
a minimum liability of five hundred thousand dollars for
pro ity damage to the property of any one person and one
million dollars for property damage to the property of two or
more persons in any one occurnence.
3. A performance bond or bonds in favor of the town with
good and sufficient surety approved by the town in the sum
set forth in the franchise agreement conditioned upon the
faithful performance and discharge of the obligations
imposed by this chapter and the franchise awarded
hereunder from the date hereof. The amount of the bond
5?2-17
(Vail 12.29.89)
i ~
FRANCf~iISL-S ~
may be reduced as any construction that is required is
completed, consistent with the franchise agreement.
B. The bond requirements set forth above shall no longer apply
upon completion of construction and inspection by the town as
follows:
1. Franchisee shall give notice to the town at such time as
franchisee has completed the coriswction.
Upon receipt of notice, the town shall have sixty days to
receive a written report from an independent engineer;
provided, however, if the town fails to receive such a
written repon within the sixty days the completion of
conswction shall be deemed to have taken place, unless the
failure to receive such a n;port is due to unforeseen events,
acts of God, or events beyond the reasonable control of the
town.
3. Notwithstanding anything to the contrary, the town may
condition completion of the construction upon receipt of a
written report from an independent engineer. The
completion of the system upgrade or system rebuild shall
not be deemed to have taken place until the independent
engineer reports the following:
a. All construction or improvements contemplated by the
franchisee have been completed or otherwise
satisfactorily resolved;
b. Satisfactory test results using the technical standards set
forth in this franchise agreement at up to ten widely
separated subscriber drops selected by the independent
engineer and using the following tests:
. (1) Signal level;
(2) Hum;
(3) Bypass responsive system;
(4) Carver to noise of system;
(5) TASO pictun~ quality (two or better).
c. Compliance with all applicable codes and standards.
d. Carriage of the basic service as available, as set forth in
this franchise chapter.
C. All bonds and insurance policies called for herein shall be in a
form satisfactory to the town attorney. The town may at any
time, if it deems itself insecure, requirt; a franchisee to provide
additional sureties to any and all bonds or to replace existing
522-18
(Vail I:•29.89)
•
CABLE TELEVISION FRANCHISE ORDINANCE
bonds with new bonds for good and sufficient surety approved
by the town.
D. A franchisee shall, at iu sole cost and expense, indemnify and
hold harmless the town, its officials, boards, commissions,
agents and employees against any and all claims, suits, causes of
action, proceedings, and judgments for damage arising out of
the operation of the cable communications system by franchisee
under the franchise. These damages shall include, but not be
limited to, penalties arising out of wpyright infringements and
damages arising out of any failure by franchisee to secure
consent from the owners, authorized distributors or licensees or
programs to be delivered by the franchisee's communications
system whether or not any act or omission complained of is
authorized, allowed, or prohibited by the francfttse. Indemnified
expense shall include, but not be limited to, all out-of-pocket
expenses, such as costs and attorneys' fees, and shall also
include the reasonable value of any services rendered by the
town attomey or his or her assistants or any employees of the
town.
E. No franchisee shall permit any policy or bond to expire and the
franchisee, not less than thirty days prior to its expiration shall
deliver to the town a substitute renewal or replacement bond or
bonds in conformance with the provisions of this chapter.
(Ord. 18(1989) § 17.)
21.02.180 Leiter of credit.
A. The town may at its discretion require that a franchisee obtain a
letter of credit. When and if the town should so require, the
franchisee shall deposit with the town a letter of credit from a
, financial institution approved by the town in the amount of. fifty
thousand dollars. The letter of credit may not be revoked or
terminated during the term of the franchise except with the
written approved of the town. The form anti the content of such
letter of credit shall be approved by the town attomey. The letter
of credit shall be used to insure the faithful performance by the
franchisee of all provisions of the franchise and of this chapter;
• compliance with all orders, permits, and directions of any
• agency, commission, boani, departmert, division, or office of
the town having jurisdiction over its acts or defaults under this
522-19
(V~il 12.29-89)
•
FRANCHISES ~
license; and the payment by the franchisee of any claims, liens,
and taxes due the town or other municipalities which arise by
reason of the construction, operation or maintenance of the
system.
B. The letter of credit shall be maintained by the franchisee at
twenty-five_thousanQ dollars during the enure term of the
franchise as the town may require, even if funds are drawn
against it pursuant to this chapter.
C. The letter of credit shall contain the following endorsement:
"It is hereby understood arrd agreed that this letter of credit
may not be cancelled by the surety nor the intention not w renew
be stated by the surety until thirty days after the receipt by the
town attorney, by certified mail, of a written notice of such
intention to cancel or not to renew."
. ~ D. At the town's option it may draw against the letter of credit for
any unpaid liquidated damages, franchise fees, or other amounts
owing to it under the franchise which are thirty days or more
past due. the town shall notify the franchisee in writing at least
ten days in advance of drawing upon the letter of credit.
(Ord. 18(1989) § 18.}
21.02.190 Liquidated damages.
In the event that the town finds the franchisee is in violation of
any material obligation under this chapter or the franchise, the town
shalt notify the franchisee in writing of such apparent violation and
regttire the franchisee to cure the default within a reasonable time.
The franchisee shall respond in writing to the notice of violation
within ten working days from receipt of such notice setting forth the
steps taken to correct or propose to correct the violation. The town
- - ~ - - may extend the time for such response upon a showing of just cause
by the franchisee. Franchisee may, within three days of receipt of
such notice, notify the town that there is a dispute as to whether a
violation or failure has in fact occurred. Such notice by the
franchisee to the town shall specify with particularity the matters
disputed by the franchisee and shall stay the running of the above
described time. The town shall hear the franchisee's dispute at a
regularly scheduled meeting within a reasonable period of time. If
after hearing the dispute, the claim is upheld by the town, franchisee
522-20
(Vail 11.-29-89)
•
CABLE TELEVISION FRANCHISE ORDWANCE
shall have five days from such a determination to remedy the
violation of failure.
The town may assess penalties as follows: .
A. Up to one hundred dollars per day for construction related
violations.
B . Up to fifty dollars per day for recurring violations.
C. Up to five hundred dollars for other violations. '
The penalties set fonh herein are in addition to all other rights of
the town whether reserved by this franchise chapter or aL _7ocized by
law and no action, proceeding or exercise of a right with respect to
such penalty shall affect any other right the town may have.
(Ord. 18(1989) § ] 9.)
21.02.200 Forfeiture and termination.
A. In addition to all other rights and powers retained by the town
under this chapter and any franchise issued pursuant thereto, the
town reserves the right to forfeit and teeminate the franchise and
all rights and privileges of the Franchisee in the event of
substantial breach of its terms and conditions. A substantial
breach by the franchisee shall include, but shall not be limited to, .
the following: .
1. An uncured violation of any material provision of this
chapter or franchise issued thereunder, or any material rule,
order, regulation, or determination of the town made
pursuant then;to;
2. An attempt to evade any material provision of the franchise
or practice of any fraud or deceit upon the cable
communications system customers and subscribers or upon
the town;
3. Failure to begin or substantially complete any system
construction or system extension as set forth in the
franchise;
4. Failure to provide the mix, quality, and level of services
premised in the application or specified in the franchise or a
reasonable substitute therefor,
. S. Failure to restore service after ten consecutive days of
interrupted service except when approval of such
interruption is obtained from the town;
522-21
(V~i1 i2-29.89)
•
•
FRANCHISES
6. Material misrepresentation of fact in the application for, or
during negotiation relating to, the franchise;
7. Failure to provide surety and indemnity as required by the
franchise or this chapter.
B. `f?re frlrrchisce shall have no liability to the town, nor shall the
town have the right to terminate or revoke this franchise or
• invoke penalties in accordance with Section 21.02.190 of this
• chapter as a result of any failure of the franchisee to perform, or
delay by franchisee in the performance of, its obligations
hereunder (other than to pay the franchise fee and other
payments required by this agreement) if such failure or delay is
caused by factors beyond the control of the franchisee, including
without limitation, any flood or other act of God, laws,
regulations, rules or order of any governmental agency,
sabotage, strikes, lockouts or job actions, failure or delay in
transpottation or the unavailability of any product or material
necessary to the performance hereof; provided that franchisee
has exercised all due care to prevent the occurrence of such
events which are reasonably foreseeable, including without
limitation, actively pursuing alternative products, materials and
means of transportation. In the event that delay in performance
or failure to perform affects only part of franchisee's capacity to
perform, then the franchisee shall perform to the extent it is
reasonably able to do so. The franchisee agrees that the excuse
for nonperformance under this section shall last only so long as
the act which excuses performance under this section shall
continue without interruption. In correcting any causes of
nonperformance and in effecting any partial performance,
franchisee shall take all necessary corrective actions as
expeditiously as possible.
C. Tt~e town shall make a written demand by certified mail that the
franchisee comply with any such provision, rule, order or
determination under or pursuant to the franchise. 1f a violation
' of the franchise continues for a period of thirty days following
such written demand without written proof that the corrective
action has not been taken or is being actively and expeditiously
pursued, the town may consider terminating the franchise;
provided, however, a written notice thereof shall be given to the
• franchisee at least fifteen days in advance and the franchisee
must be given an opportunity to appear before the council to
522-22 ~
(Veit 12.29.89)
~ .
CABLE TELEVISION FRANCHISE ORDWANCE
present its arguments. Should the town determine, following
the public hearing, that the violation by the franchisee was the
fault of the franchisee and within the franchisee's control, the
town may, by resolution, declare that the franchise be forfeited
and terminated; provided, however, the town may in its
discretion, provide an opportunity for the franchisee to remedy
the violation and come into compliance with the franchise and
this chapter so as to avoid the termination.
. (Ord. 18(1989) §20.)
21.02.210 Insolvency.
The franchise granted hereunder may be terminated prior to its
expiration if the town council finds that franchisee becomes
insolvent, unable or unwilling to pay its debts as they become due,
files a petition for relief under any state or federal bankruptcy,
reorganization, insolvency or similar law (or any such petition is
- filed against the franchisee and is not dismissed within sixty days),
is adjudged as bankrupt, assigns all or a substantial part of its assets
for the benefit of its creditors. all or part of franchisee's facilities are
sold under an inswment to secure a debt, or a receiver is appointed
with respect to alt or a substantial part of the franchisee's assets or
stock. (Ord. 18(1989) §21.)
21.02.220 Removal of cable communications system.
In the event this franchise agreement expires, is revoked or
otherwise terminated, franchisee shall remove at its own expense all
designated portions of the cable communications system from all
streets and public ways within the town. In removing its plant,
. ~ . swctures and equipment, franchisee shall refill, at its own expense.
any excavation that shall be made by it and shall leave all public
ways in as good a condition as that prevailing prior to franchisee's
removal of its equipment and appliances without affecting the
electrica3 or telephone or other utility lines, wires, pipes or
attachments. The town may inspect and approve the condition of the
public ways, cables, wires, attachment and poles after removal.
• The liability, indemnity and insur~arlcc as provided herein and in the
Vail Cable Television Chapter shall continue in full force and effect
522-23
(V~il 12-29-89)
•
FRrWCHISES
during the period of removal and until full compliance by franchisee
. with the terms and conditions of this section and this chapter.
In the event of a failure by franchisee to complete any work
required by this franchise agreement or the Vail Cable Television
Chapter, or any other work required by town law or ordinance
within the time as may be established and to the satisfaction of the
. town, ttre town may cause such work to be done. The franchisee
sl~al.l reimburse the town the costs thereof within thirty days after
receipt of an itemized list of such costs. (Ord. 18(1989) §22.)
21.02.230 Subscriber fees and rates.
A. The initial fees to be charged to subscribers for all services
including installation fee and other one time charges shall be
specified in any franchise agreement issued pursuant hereto.
B. Those fees and charges which are subject to regulation by the
town in accordance with federal law shall not be increased
without prior approva! of the town.
C. In order to obtain town approval for rate increases, the
franchisee shall file a revised schedule of rates with the town at
least ninety days in advance of a proposed rate increase.
Subscribers shall be notified of the proposed increases within
ten days of notice to the town. This filing shall specify the rates
or fees to be increased and associated regulations which may
affect charges to the subscribers and the justifications for said
increases and charges. The franchisee shall promptly submit
any additional supporting information requested by the town.
D. Within thirty days of ttre rate increase filing, the town shall
schedule a public meeting before the council to hear subscriber
and franchisee comment on the proposed increase. Following
• ~ • • • the public meeting, the council shall determine whether or not to
grant the proposed increase or a portion thereof prior to the
expiration otsaid ninety day period.
E. Rates shall be just and reasonable, considering the franchisee's
costs, including a reasonable rate on investment over the
remaining term of the franchise, and shall not give any undue or
unreasonable preference or advantage to any subscriber or class
of subscribers.
F. Rates and charges may be reduced at any time without prior
town approval, provided that the reductions do not result in rates
522-24
(Veil 12-29.89)
CABLE TELEVISION FRANCMSE ORDINANCE
which are unreasonably discriminatory to any subscriber or class
of subscribers. Where temporary reductions are put into effect
for promotional purposes for a specified time period, a rettrrtt to
the permanent rate shall not be considered a rate increase for the
purpose of this chapter. The town shall be notified of all
reductions in rates whether permanent or temporary.
G. Rates and charges not subject to regulation by the town under
federal law or regulation may be changed by the franchisee
following a minimum of thirty days prior notice to the town and
a minimum of thirty days prior notice to all subscribers of basic
service.
(Ord. 18(1989) §23.)
21.02.240 Reports.
A. Annual report. No later than one hundred twenty days after the
end of each of the franchisee's fiscal years, the franchisee shall
file a written report with the town which shall include:
1. A summary of the previous calendar year's activities and
development of the system, including but not limited to,
services begun or dropped, number of subscribers,
including gains and losses, homes past, and miles of cable
distribution plants and service.
2. A financial statement certified by an officer of the franchisee
including a statement of income, a balance sheet, and a
statement of sources and applications of funds. The
statement shall include notes that specify all significant
accounting policies and practices upon which it is based,
including, but not limited to, depreciation rates and
methodology, overhead and interest system cost allocation
methods, and basis for interest expense. A summary shall
be provided comparing the current year with the three
previous years. The statement shall contain a summary of
the payments.
3. An annual summary of complaints received.
4. An annual projection of plans for the future.
S. An annual report of the company.
6. A current annual statement of cost of canstniction by
component category.
522-25
(V ail 12 -29.89)
FRANCHISES
7. An ownership report, indicating all persons, who at any
time during the preceding year directly controlled or
benefited from an interest in the franchise of five percent or
more of the grantee.
8. A copy of all the franchisee's rules and regulations
applicable to subscribers and users of the cable
communications system.
B. Additional reports. The franchisee shall prepare and famish to
tl~e town at the times and in the form prescribed, such additional
reports with respect to its operation, as may be reasonably
necessary and appropriate to the performance of any of the
rights, functions or duties of the town in connection with this
chapter or the franchise agreement.
(Ord. 18(1989) §24.)
21.02.250 Records required.
A. Mandatory records. The franchsee shall at all times maintain:
1. A record of all complaints received during the term of the
franchise.
2. A full and complete set of plans, records anti "as built" maps
showing the exact location of all cable television system
equipment installed or in use in the town, exclusive of
subscriber service drops.
B. Inspection by town. Upon reasonable notice to the franchisee.
the town shall have the right to inspect all properly, maps, and
n:cords relating to the cable operations at any time during normal
business hours. All records required by the town for such
inspection shall be made available within the Town of Vail,
Colorado, within a reasonable time aher the request.
• (Ord. 18(1989) §25.)
21.02.260 Filings.
Tl~e franchisee shall mail or deliver a copy of all filings it makes
with state and federal agencies to the town clerk. Said copy shall be
mailed or delivered on the filing date. (Ord. 18(1989} §26J
522-26
(Vail 12.29-89)
•
CABLE TELEVISION FRANCHISE ORDINANCE
21.02.270 Service calls and complaint procedures.
A. During the term of the cable franchise, the franchisee shall
maintain an office in the town or in the vicinity thereof which
subscribers within the franchise area may telephone without
incurring toll charges. Except in the event of catastrophic
failure, no subscriber's complaint shall remain without
investigation by the franchisee for more than atwenty-four hour
period. The franchisee will provide the town with a name,
address and telephone number of the person who will act as rile
franchisee's agent to n;ceive complaints regarding quality of
service, equipment malfunctions and similar matters. The local
office shall be open to receive inquiries or complaints from
subscribers during normal business hours, and in no event less
than 9:00 a.m, to 5:00 p.m. Monday through Friday excluding
legal holidays. Alt employees of the franchisee whose
• employment relates to the operation or maintenance of the
system shall be required to cant' an identification card and
present same to any subscriber upon request when entering the
premises of such subscriber for the purpose of providing service
or otherwise. The franchisee shall provide the means to accept
complaint calls twenty-four hours a day, seven days a week.
Accurate records shall be: kept by thc: franchisee summarizing the
nature, extent, time and dale by which the complaint was
resolved or sought to be resolved. The franchisee shall
promptly famish each present or future subscriber with a letter
of instruction explaining the importance and the manner of
reporvng complaints and rules and regulations governing the
obligations of the franchisee to respond to subscriber
• complaints. Calls or letters involving complaints about billing
and programming will be handled immediately whenever
possible. A written complaint will be retained for two years,
including a summary reply. The complaint Filed shall be
available for periodic inspection by the town.
B. Should a subscriber have an unn:solved complaint regarding the
quality of the cable television service, equipment malfuncdons,
or other pertinent matters, the subscriber shall be entitled to meet
jointly with the town manager or his authorized representative
and the franchisee system manager to fiilly discuss in an attempt
to resolve such matters, provided, that prior to such meeting, the
subscriber shall clearly state in writing the specific nature,
522-27
(Vail 12.29.89)
~ s
FRANCHISCS
frequency and extent of the alleged problem and the dates on
which the problem has occurred. 'This written complaint shall be
filed with the town manager, who shall forward a copy of such
complaint to the franchisee system manager. Franchisee shall
then have five days after tcceiving the complaint within which to
assess the problem and file a written response with the town
• - manager stating specifically what has been done to cornea the
problem, if the subscriber remains unsatisfied after following
this procedure he may then request that such a meeting with the
town manager or his authorized representative and franchisee
system manager be held. When there have been similar
complaints made or where there exists other evidence which in
the judgment of the town cast doubt on the reliability or quality
of cable service, the town stall have the right and authority w
require ttie franchisee to test, analyze and report on the
- performance of the system. The franchisee shall fully cooperate
with the town in performing such testing and shall prepare
results in a report, if requested, within thirty days after notice.
Such report shall include the following information:
1. The nature of the complaint or problem which precipitated
the tests.
2. What system component was tested.
3. The equipment used and procedutES employed in testing.
4. The method, if any, in which the complaint or problem was
resolved.
5. Any other information pcninent to said tests and analysis
which may be required. Where there are recurring service
problems, the town may require that tests be supervised by a
qualified independent professional engineec not on the
permanem staff of the franchisee. The engineer shall sign
~ all records of special tests and forward to the [own such
records with a report interpreting the results of the tests and
recommending actions to be taken. The costs of said
engineer's services shall be the sole obligation of the
franchisee. -
C. [n the event that total service to any subscriber is interrupted for
twenty-Four or more consecutive hours, except in circumstances
for which advance consent to the interruption is obtained from
the town, the franchisee shall provide aone-thirtieth pro rata
rebate of the monthly fees to affected subscribers upon the
523-28
(Vail 1:•29.84)
•
CABLE TELEVISION FRANCHISE ORDNANCE
subscriber's request for each twenty-four hour period, or
portion thereof, that service is intemtpted.
Fos purposes of computing the time of interrupted total
service, such time shall begin when a complaint for interrupted
service is received by the franchisee or when the franchisee has
actual or conswctive notice of the interruption.
(Ord. 18(1989) §27.)
21,02,280 Service to subscribers,
A franchisee shall provide all the following services to
subscribers:
A. A basic subscriber television service tier which consists, at
minimum, of any legally required, must carry signals and
. information and weather channel and at least one fly public
educational and govemmenta! access channel.
B. The franchisee shall provide leased access channels to the extent
required by federal law.
C. A franchisee shall provide equipment directly or through grants
for local program production by all cable users for live and video
tape presentation over the cable television system. The
franchisee shall have no control over the content of access
programs. Any public access channel shall be made available w
any member of the public on a first come, first served,
nondiscriminatory basis.
(Ord. 18(1989) §28.)
21.02.290 Leased access.
The franchisee shall maize channels available for leased or
commercial use as specified in the franchise agreement consistent
with federal law. (Ord. 18(1989) §29.)
Z 1.02.300 Public drops.
The franchisee shall provide without charge within the franchise
' area one drop activated for basic subscriber cable television service
to each fire station, public school, police station, public library,
municipal building and other such buildings used for public
purposes. (Ord. 18(1989) §30.}
522-29
tv.u tz-29-s9>
• •
FRANCHISES ~
21.02.310 Lockout device.
The franchisee shall provide, for sale or lease, upon request, a
lockout device for use by the subscriber. Such device shall be
capable of restricting the reception of any channel. The lockout
device should be made available to all subscribers requesting it and
the charge and availability of this device shall be made a part of the
rate schedule. (Ord. 18(1989} §31.)
21.02.320 Protection of subscriber privacy.
Franchisee shall protect the town's privacy consistent with the
provision of 47 U.S.C. 631, as amended. (Ord. 18(1989) §32.)
21.02.330 Construction and installation work.
A. Tlie town shall have the right but not the obligation to inspect a1i
construction and installation work performed by the franchisee
subject to this chapter as it shall find necessary to insure
compliance with the governing ordinances and the franchise.
B , All constnuction, installation, and maintcnartce must comply with
all town ordinances including all uniform codes adopted by the
town and all state and local regulations and, good and accepted
industry practices.
(Ord. 18(1989) §33.)
21.02.340 Location of structures, lines and
equipment.
A. The franchisee shall utilize existing conduits and other facilities
whenever possible, and shall not construct or install any new,
" " different or additional conduits or other facilities whether on
" public property or on privately owned property until approval of
the progeny owner or appropriate governmental authority is
obtained. Elowever, the location and installation of any conduit,
or other facility by a franchisee shall not create a vested interest.
and such structures, or facilities shall be removed, replaced, or
modified by a franchisee at its own expense whenever the
council or other governmental authority detetinines that the
public interest so necessitates.
522-30
(V~il 12.29.89)
CABLE TELEVISION FRANCHISE ORDINANCE
B . All transmission and distribution structures, lines and equipment
installed by the franchisee within the town shall be located so as
to cause minimum interference with the proper use of streets,
alleys and other public ways and places and to cause minimum
interference with the rights or reasonable convenience of
property owners who adjoin any of the streets, alleys or othec
public ways or places and where they will not interfere with any
gas, electric, telephone, water or other preexisting utility facility.
C. All such fixtures in any street or public way shall be placed in
full accordance with tlx standards set forth in the municipal code
of the Town of Vail.
D. Cable shall be installed underground at franchisee's expense.
Previously installed aerial cable shall be placed underground in
concert with other utilities when both the telephone and electrical
utilities convert from aerial to underground construction.
Franchisee shall place cable underground in newly platted areas
in concert with both the telephone and electric utilities unless this
requirement is waived by the town. Equipment shall not be
stored on town right-of-way.
A preconstruction conference with tl~e progeny owners will
be completed prior to commencing any underground
construction, and the town shall assist and cooperate in such
conferences if necessary. All soil, earth, sod or improvements
disturbed by the installation shall be replaced and restored to
their original condition. Patching of highways, roads and
driveways will be completed in accordance with the
specifications promulgated by, and subject to inspection and
approval by, town, county, or state engineers, as appropriate.
{Ord. 18(1989) §34.)
' 21.02.350 Replacernent of paving.
The franchisee at its own cost and expense and in a manner
approved by the town shall replace and restore all paving,
sidewalks, driveways or surface of any street or alley or public way
disturbed, in as good a condition as before the work was
' commenced and shall maintain the restoration in an improved
condition for a period of one year. Failure of the franchisee to
replace or restore such paving, sidewalk, driveway, or street surface
within forty-eight hours after completion of work shall authorize the
522-31
(V~J 1229.89)
• •
FRANCIi1SES
town to cause the proper restoration to be made at the franchisee's
expense. (Ord. 18(1489) §35.)
21.02.360 Alteration of streets by town.
If the town shall lawfully decide to alter or change the grade of
any street, alley, or other public way, the franchisee, upon
reasonable notice by the town, shall, in a timely manner as requested
by the town, remove and relocate its poles, wires, cables,
underground conduits, and other facilities at its own expense. if
other utilities are compensated, franchisee shall be entitled to the
same compensation. (Ord. 18(1989) §3b.)
21.02.370 Trimming trees.
A franchisee shall have the authority to trim trees upon .an
overhanging of streets, alleys, sidewalks, and public places of the
town so as to prevent the branches of such trees from coming into
contact with wires and cables and other television conductors and
fixtures of the franchisee. The town may require all trimming to be
done under its supervision and direction and at the expense of the
franchisee. (Ord. 18{1989) §37.)
21.02.380 Temporary move of cables.
A franchisee shall on the request of any person holding a valid
house moving permit, temporarily raise or lower its wires or cables
to permit the moving of buildings or other large projects. The
expense of such temporary raising or lowering of wires shall be paid
by the person making the request, and the franchisee shall have the
~ . authority to require such payment in advance. The franchisee shall
be given not less than forty-eight hours advance notice to arrange for
such temporary wire changes. (Ori. 18(1989) §38.)
Z 1.02.390 Refunds and service terminations.
A. A franchisee shall establish and conform to the following policy
regarding refunds to subscribers and users:
If the franchisee collects a deposit or advance charge on any
service or equipment requested by a subscriber or user, the
522-32
(veil i2-29.89)
. •
CABLE TELEVISION FRANCHISE ORDWANCE
franchisee shall provide such service or equipment within thirty
days of the collection of the deposit or charge or the franctusee
shall refund such deposit or charge within• five business days
thereafter. Any converter security deposit collected by the
franchisee shall be returned to the subscriber twenty-four
months after the installation of such converter, or upon
termination of service by the subscriber and return of such
converter undamaged with allowance for reasonable wear and
. tear and payment of any ouutanding balance due and payable,
whichever occurs first. If and when the franchisee collects
deposits from its subscribers, it shall pay interest an any deposit
required of the subscriber at the agreed rate in effect from time to
time minus two percentage points. The franchisee may elect to
pay such interest in the form of credits to subscriber accounts.
Nothing in this section shall be conswed:
1. To relieve a franchisee of any responsibility it may have
under separately executed contracts or agreements with its
subscribers or users;
2. As limiting a franchisee's liability for damages, if any,
which maybe imposed under the franchise for the violation
or breach of any previsions thereof; or .
3. To limit the franchisee's liability for damages, if any,
because of its failure to provide the service for which
deposit or charge was made.
B. The following requirements shall apply to subscriber
disconnection:
1. There shall be no charge for disconnection of any
installation, service or ouilet. All cable communications
equipment shall be removed within a reasonable time from a
subscriber's property upon the subscribers request, such
time not to exceed thirty days from [he date of request.
Franchisee may charge for adding or deleting channels at the
subscriber's request.
2. If any subscriber fails to pay a properly due monthly
subscriber's fee, or any other properly due fee or charge,
the franchisee may disconnect the subscriber's service;
provided, however, that such disconnection shall not be
effected until thirty days after the due date of the monthly
subscriber fee or charges and shall include a minimum five
days written notice to the subscriber of the intent to
522-33
tv.a t2-2v-av~
FRANCHISES
disconnect. After disconnection, upon payment in hill of all
proper fees or charges, including, the payment of any
reconnection charge, the franchisee shall promptly reinstate
the service.
(Ord. 18(1989) §39.)
21.02.400 Service area.
The franchisee shall offer full cable television service [o all areas
of the town unless specifically authorized to serve a lesser area. A
franchise issued in accordance with this chapter shall require that all
dwelling units within the franchise territory be offered service on the
. ~ carne terms and conditions; provided, however, multiple family
- dwelling complexes, apartments, or condominiums may be served
on a master-bill basis; and funher, service to motels, hotels,
hospitals, and similar businesses or institutions may be offered on
terms and conditions different front single residence subscribers. In
the event that subsequent to the issuance of a franchise the town
annexes additional territory, a franchisee shall extend its cable
television services into the aru>exed area within a reasonable time of
a request by the town to do so. Such reasonable dme shall not be
less than nine months. (Ord. 18(1989) §40.)
21.01.410 Continuity of service.
A. 1Vhere a franchisee rebuilds, modifies, or sells its system, it
shall ensure that afl subscribers receive continuous,
uninterrupted service regardless of the circumstances.
B. As long as it is entitled to revenues from the operation of the
cable system, a franchisee shall maintain continuity of service
' ~ ~ " ~ - during any temporary transition in the franchise, including but
not limited to, the following circumstances:
1. Revocation of the franchise.
2. Notuenewal of the franchise.
3. Transfer of the cable system to the town or another entity.
(Ord. 18(1989) §41.)
522-3-1
(Vail 12.29.89)
i
CABLE TELEVISION FRANCHISE ORDNANCE
21.02.420 Transitional operation.
. In the event a franchisee continues to opera[e the system in a
transitional period, with town acquiescence, fallowing the
expansion, revocation, or other termination of the franchise, it shall
be bound by all the terms, conditions, and ob{igations of the
franchise as if it were in full force and effect. The terminating
franchisee shall cooperate with the town and any subsequent
- franchisee in maintaining and transferring service responsibility.
(Ord. 18(1989) X42.)
21.02.430 Periodic reevaluation and renegotiations.
A. Since the field of cable communications is rapidly evolving and
many technological, regulatory, financial, marketing, legal,
. competitive, and other changes arc likely to occur during a
- franchise term, a degree of t7exibility is needed in order to
achieve and maintain a modern and efficient cable
communications system that adequately serves the public. To
this end, the town with cooperative assistance; from a franchisee,
- shall periodically reevaluate the system operation and negotiate
appropriate franchise changes.
B. The town shall reevaluate the franchisee's cable operations and
service three (3) years following the award date of the franchise
and every three years thereaher for the life of the franchise. The
franchisee shall cooperate with the town in such evaluation and
provide information as may be necessary for the evaluation.
C. Following the public release of a reevaluation repott, the town
and the franchisee sitatl meet to discuss the reevaluation and
possible means of improving service to the public. At that time,
the parties shall negotiate any changes in the franchise that may
be necessary or desirable. Upon request of the town, franctsee
shall, no earlier than ninety days and no later than thirty days
prior to a review and evacuation session, conduce a written
- ~ survey of subscribers. Each questionnaire shall be prepared and
constructed in good faith so as to provide measurements of
subscribers preferences and satisfaction for:
1. Programming offered by franchisee at the time the survey is
corxlucted.
522-35
(Vail 12-29-89)
r
FRANCHISES
2. Programming generally available to cable subscribers
nationally but not offered by franchisee at the time [he
service is conducted.
- _ 3. Maintenance and subscriber complaint practices.
As a part of the review and evaluation session, franchisee
shall report in writing what steps it may be taking to implement
• the findings of the survey.
D. The town and the franchisee may meet at other times to discuss
and negotiate possible changes to the franchise pursuant to an
agenda agreed to in advance by both parties. Such special
sessions are intended to provide a mechanism for effecting
franchise changes necessitate by major events affecting cable
communications, such as state or federal legislation, new or
revised state or federal regulations, or an extraordinary change in
- circumstances.
(Ord. 18(1989) §43.)
21.02.440 Theft of services and tampering.
A. No person, whether or not a subscriber of the cable television
system may intentionally or knowingly damage or cause to be: '
damaged any wire, cable, conduit, equipment or apparatus of the
franchisee or commit any act within intent to cause such damage,
or to tap, remove, or tamper with or otherwise connect or
maintain any wire or device to a wire, cable, conduit, equipment
and apparatus or appurtenances of the franchisee with the intent
to obtain and maintain a signal or impulse from the cable system
without authorization from or compensation to the franchisee, or
to obtain and maintain cable television or other communications
service with the intent to cheat or defraud franchisee of any
- • lawful charge [o which it is entitled.
B. Any person convicted of violating any provision of this section
is subject to a fine of not more than five hundred dollars for each
offense.
(Ord. 18(1989) §44.)
21.02.450 Renegotiation.
if any court of competent jurisdiction, the FCC or any state
regulatory body rules, decisions or other action determines prior to
522-36
(Vail 12.29.89)
I{ERITAGE CABLEVI51ON FRANCHISE AGREEMENT
the commencement of system construction, that any material
provision of this chapter or any franchise granted pursuant thereto,
is invalid or unenforceable, then in such event, the town shall retain
the right to renegotiate any franchise entered into prior to any such
rule, decision or other action. For tt~e purpose of this section,
"commencement of system construction" shall mean the first day that
physical construction, including but not limited to, the placing of
cable on poles or underground, actually begins. (Ord. 18(1989)
§45.)
21.02.460 Severability.
If any provision, section, subsection, sentence, clause or pf~ra5e
of this chapter is for any reason held to be unconstitutional, void or
invalid or for any reason uncnfocccable, U~c validity of the remaining
portions of this chapter shall not be affected thereby, it being the
intent of the town council in adopting and approving this chapter
- then no portion hereof or provision or regulation contained herein
shall become inoperative or fail by reason of any unconstitutionality
or invalidity of any other portion. provision or regulation and all
provisions of this chapter are declared to be severable. (Ord.
18(1989) §46.}
Chapter 21.04
HERITAGE CAI3LEVISION AND TOWN OF VAIL
FRANCHISE AGREEMENT
Sections:
21.04.010 Grant of franchise.
11.04.020 Representations and warranties of
Heritage.
21.04.030 Effective date of franchise; effect upon
existing franchise.
21.04.040 Term.
21.04,050 Franchise non-exclusive.
21.04.060 Cable television ordinance incorporated.
522-37
(Vail 1229-89)
•
APPENDIX C
TRI-COUNTY CABLEVISION
CABLE FRANCHISE APPLICATION
(1) ORIGINAL APPLICATION (6/16/92)
(2) TMC LETTER REQUESTING
ADDITIONAL INFORMATION (8/31/92)
(3) TRI-COUNTY CLARIFICATIONS
AND AMENDMENTS (9/14/92)
JUN 16 '92 01~i5PM WAVELENGTH INC. P.1
. Tai-County ~
Cablevisian ~r
June 16, 1992
harry Eskxith
Toxn of Vail
75 South Frontage Road
Vail Colorado 81657
Dear Larry,
. The franchise proposal you are in receipt of from Tri-County
Cablevision inc. is the most dramatic development in ~ahat has been
a continuing problem for Vail. The granting of a second franchise
caa have only positivo results for the citizens of Vail. In order
for cur project to succeed we need the process to be expedited as
soon as possible. I would like to have a time table from you as to
the process of granting the franchise. It does not involve a new
ordinance but merely the drafting of a franchise agreement. I would
like to know how long this process Kill take, especially in regard
to board approval, public notices and Waiting periods.
I have reviewed the current franchise agreement with Heritage and
have the following questions concerning our application. I knox we
need to produce a similar agreement.
1. A. "Heritage shall provide a modern and uniform Tos~m-wide cable
comaunications system to the residents and institutions of the Town
in accordance with this franchise agreement."
We plan to offer a Town-wide system to serve Vail. Naturally this
can not be accomplished immediately. We would like to be required
to do so based on certain criteria. The requirements could be set
forth in section 8. SERVICE AREA. Instead of 34 units per mile it
could be 30 customers per mile. This service area could be reviewed
at the term of the agreement.
9. B. ~ C, our system must grow to a certain size in order to make
it necessary to have the need for public access. This could be 25'b
of the subscribers that Heritage currently has.
9. E. There are more than 3S operational U. S. domestic satellites.
Wa should carry those channels necessary to compete and which
satellites we loot: at should be our discretion. I would like to seQ
this paragraph deleted.
9. K. Does Heritage currently have an emergency override system?
. This we would be happy to do if we get large enough to substantiate
it. Again a subscriber count would be appropriate.
12. Access and institutional services again grata in importance with
the size of our system.
240 8. PGCOlt; Street ~ Denver, CO 80223 • Ph. (903 888-9285 ' Fa: (303j 898-92$5
-I
•
A P P L I C A T I O N F O R A C A B.L E
T E L E V I S 2 0 N F RANCH 2 S E
TOW N O F V A L C O L O R A D O
APPLICANT
T R I -COUNT Y C A B L E V 2 S I O N I N C.
2 4 0 S O U T H P E C O S S TREE T
D E N V E R C O L O R A D O 8 0 2 2 3
303-698-1048
F A X 6 9 8- 9 2 8 5
•
C O N T E N T S
12 a. Identification of ownership. 1
12 b. Statement 2
12 c. Technical and financial ability. 3
12 d. Proposed facility. 6
12 e. Description of construction. 6
• 12 f. Description of services. 7
12 g. Proposed rates. 8
12 h. Statement of compliance. 9
12 i. Statement of cable related community needs. 9
• 12 j. Consistency with federal and state requirements. 9
12 k. Financial projections. 10
- 12 1. List of systems currently owned. 11
12 m. Affidavit 13
12 0. Authorized representatives. 14
Supporting documents.
Tri-County Cablevision technical specifications. 15
Proposed construction map. 16
OWNERSH 2 P
12 a. Identification of the ownership of the Applicant, if not a
natural person, including the names and addresses of all persons
with one (1) percent or more ownership interest and the ultimate
controlling natural persons and identification of all officers and
directors and any other primary business affiliation of each.
Tri-County Cablevision Inc. is a Colorado Corporation incorporated
in Plovember of 1988. We have been operating as a private cable
Com__pany in Vail since December first 19.90. The following is a~list
of officers of the company along with each officers percentage of
ownership. This list constitutes the complete ownership as well as
control of the company.
President
Lynn A. Johnson
. 445 Briggs Street OWNERSHIP: 50$
P . '0. 467
Erie Colorado 80516
Vice President
Curtis H Coolidge '
1502 South Youngfield Court OWNERSHIP: 25~
Lakewood Colorado 80228
Secretary Treasurer
Barton B. Beckey
8577 West Hampden Avenue OWNERSHIP: 25$
Lakewood Colorado 80227
1
i ~
S T A T EM E N T
12 b. An indication whether or not the Applicant, or any entity
controlling the Applicant, including any officer of a corporation
or a major stockholder thereof, has been adjudged bankrupt, has had
a cable franchise revoked, or been found guilty by any court or
administrative agency in the United States of:
1) A vialation of a security or antitrust law; or
2) A felony or any other crime involving moral turpitude.
Identify any such person or entity and fully explain the
circumstances.
None of the three owners of Tri-County Cablevision Inc, have ever
been adjudged bankrupt, had a cable TV franchise revoked or have
been convicted of any felony be it State or Federal. Furthermore
the Applicant including all entities, officers and stockholders
have not been convicted of any violation of a security law,
antitrust law, felony or any other crime involving moral turpitude.
2
TECHNICAL AND FINANCIAL
12 c. A demonstration of the Applicants technical and financial
ability to construct and operate the proposed cable facility.
Lynn Johnson and Curt Coolidge have been in the cable television
and related industry for a combined total of over 3.5 years. Lynn
Johnson has supervised the design and installation of over 15
. franchise cable television systems and countless private cable
systems.
Lynn A. Johnson, President
Born March 5, 1951
Education and Technical Background
Greeley West High School, Greeley Colorado.
Graduated June 1, 1969
University of Northern Colorado, Greeley Colorado
1969 - 197?
Undergraduate studies with major in electronics. Took every course
offered in electronics along with special projects in new
technology. '
San Mateo Jr. College, San Mateo California.
1973 - 1974
Completed undergraduate studies, took additional electronic courses
including FCC exam preaaration and television producing and
directing classes. Produced and directed an award winning
television program. Graduated Associate of Arts Degree June 1974.
San Francisco State University, San Francisco California.
. 1974 - 1976
Took every course offered in television production. Graduated with
an A average and received a Bachelors Degree in Broadcasting May
1976.
Additional study. .
Received First Class FCC Licence 1978.
WORK EYPERIENCE
KUNG TV and FM Greeley Colorado
(9/69 to 6/73)
Worked as studio engineer with duties including video switching,
audio, camera operator, editing and directing. Designed and built
various electronic equipment including video switcher, audio
amplifiers and RF systems.
3
i
Milbrae TV Milbrae California
(9/73 to 6/?5)
Worked as repair technician for radio and television store while
attending San Francisco State University. Learned trouble shooting
techniques and preventative maintenance.
American Television and Communications
(9/76 to 6/78) •
Field technician for Denver HBO microwave MDS system. Primarily
. responsibility for master antenna service in apartment complexes
and hotels. Responsible for maintenance far 2 Ghz transmitter and
satellite receive equipment.
KMGH TV Denver Channel 7
(7/78 to 9/80)
Studio Engineer for local CBS affiliate. Positions covered: video
switches, audio control, master control (commercial insertion &
. program on air switching), video tape ( load all programming in 2"
tape machines and automated commercial insertion tape machines.
responsible for production recording and editing.), film ( load and
edit news film and commercials), remote ("instacam truck crew with
responsibilities of audio production and microwave communication
news gathering), Installed and maintained satellite antennas for
receive only programming.
Custom Cable of Colorado
(6/78 to 6/87)
President and owner of cable television construction company.
Trained installers and technicians. Developed cable TV design and
construction business. Pioneered satellite TV home receive systems.
Marketed all types of cable equipment, materials and satellite
equipment.
Custom Cable Systems Inc.
(1881 to 1983)
President and 50~ owner of franchise cable company. Supervised the
franchising and construction of over 10 franchise cable systems in
South Dakota, Nebraska and Colorado.
Starr Communications Inc.
(1988 to present)
President and 50~ owner of franchise cable TV company. In charge
• of obtaining cable TV franchises, purchasing equipment, supervising
. sub contractors, system design and headend satellite installation.
Responsible for ongoing management far four cable TV systems.
' 4
•
. Tri-County Cablevision Inc.
(7/89 to present)
President and 50~ owner in charge of developing pay TV market in
Summit, Eagle and Pitkin Counties. Responsible for design and
supervision of installation of systems.
Financial Ability
Tri-County Cablevision has the funding in place for the
construction outlined in 12 d and e. This funding is from pr.iy~te,
nonce equity investors. Beyond these investors Tri-County has
numerous interested parties and •companies .that have expressed
interest in joint venture capital.
The franchise agreement will require Tri-County to post a letter
of credit equal to the cost of construction as well as a letter of
credit to guarantee payment to the town of all franchise fees or
other costs. This will be required before the franchise is
effective.
5
FACILITY £k CONSTRUCT 2 ON
12 d. A description of the physical facility proposed, including
channel capacity including one way and two way, if any, the area
to be served, a summary of technical characteristics, and head end
and access facilities.
12 e. A description relating how any construction will be
implemented, identification of areas having above ground or below
. ground cable facilities, the proposed construction schedule, and
a description where appropriate, indicating how service will be
converted from any existing facility to a new facility.
The preposed facility is for a 100$ und~rgrgund system originating
from the Marriott Mark Resort. The receiving facility is already
inplace including satellite antennas, receivers, decoders,
modulators and associated equipment. The cables will be buried 18"
deep according to the Towr. of Vail specifications. The cable route
will be subject to approval by the Town of Vail and associated
property owners prior to installation. See attached map for planned
cable route and service area for the first phase of construction.
. The system will be designed for 550 megahertz operation which would
make it capable of over 78 forward channels, the full FM spectrum
and 7 reverse channels.
A local access channel will be provided for no charge for citizen
and town use.
6
i ~
S E R V 2 C E S
12 f . A description of the services to be provided over the system,
including identification of television signals, both broadcast and
non broadcast, to be carried and all non-television services to be
provided initially. Where service will be offered by tiers,
identify the signals or services, or both, to be included on each
tier.
TRI-COUNTY CABLEVISION
PROPOSED CHANNEL LINEUP .
Channel 2 KWGN Independent Denver
Channel 3 Local Visitor Channel
Channel 4 KCNC NBC Denver
Channel 5 * HBO Premium Movies and Specials
Channel 6 KRMA PBS Denver
Channel 7 KMGH CBS Denver
Channel 8 ESPN Sports
Channel 9 KUSA ABC Denver
Channel 10 * The Disney Channel
Channel 11 CNN Cable News Network
Channel 12 CNN Headline News
. Channel 13 CBN The Family Channel
Channel 14 WTBS Atlanta
. Channel 15 USA Network Movies and Sports
Channel 16 WGN Chicago Superstation
Channel 17 MTV Music
Channel 18 Arts and Entertainment
' Channel 19 *Showtime Premium movies and Sports
* Denotes Premium Pay Service
7
•
RATE S
12 g. The proposed rates to be charged, including rates for each
service tier, as appropriate, and charges for installation,
converters and other services.
PROPOSED RATES
Subscriber rates:
Individual Subscribers
Basic Cable (15 channels} 13.95
xBO a.o0
Showtime 8.00
Disney 7.00
Extra Outlets NO CHARGE
Converter rental 3.00
. Bulk Accounts (25 units m_nimum)
Basic Cable 7.00
HBO 4.00
Showtime 4.00
Disney (short term rental) 1.00
Disney (long term rental} 5.00
Service rates:
Installation 30.00
Add outlet 25.00
Cable burial 25.00
Reconnect 15.00
Customer service NO CHARGE
Customer damage 25.00 per hour plus parts
8
•
C OM P L I AN C E
12 h. Information as necessary to demonstrate compliance with all
relevant requirements contained in this chapter.
12 i. A demonstration stating how the proposal is reasonable to
meet the future cable related community needs and interests. In
particular, the application should describe how the proposal will
. satisfy the needs as analyzed in any recent co~timunity needs
assessment commissioned by the Town.
12 j. A demonstration how the propos~'_ was designed to be
consistent with all federal and state requ_rements.
Vail is a unique television market. To dat= their is absolutely no
way short of installing an expensive satellite system for any
citizen of Vail to receive television programming. The prcposed
"lifeline" service would lessen the bu=c:n for low and middle
income residents but would do nothing for the lodging community in
Vai-1. Tri-County Cablevision can offer muc': needed competition to
the lodges in Vail as a beginning. I~-_ tne__markgt .r.equi res it we
. could compete over the entire community. Ir. the event that the Town
of Vail decides that Heritage Cablevision is found to have
substantially breached its franchise agre:ment and the town deems
it necessary to terminate the franchise agreement, the Town of Vail
would have something to fall back on. We at Tri-County Cablevision
feel that there is no doubt that granting a Franchise as requested
would be in the communities needs and inte=est.
Tri-County Cablevision. will abide by all federal, state and town
codes and requirements.
9
i ~
F I N AN C I A L
12 k. Pro forma financial projections for each year of the
franchise term. The projections shall include a statement of
income, balance sheet, statement of sources and use of funds, and
a schedule of capital additions. All significant assumptions shall
be explained in notes or supporting schedules set accompanying the
projections.
REVENUE
Basic 1833 X 7.00 X 6U mo 769,860
• HBO 550 X 4.00 X 6v 132,000
Disney 1100 X 1.00 X 60 33,000
Gross Revenue 934,860
EXPENSES
Note Payable (64,000 11~ 60 mo.) 81,000
1400 per month
Programming •
Basic 1833 X 2.77~X 60 329,940
HBO 550 X 3.00 X 60 9?,000
Disney 1100 X .53 X 60 31,980.
Equipment Repair 100 X 60 6,000
Maintenance 100 X 60 6,000
Insurance 100 X 60 6,000
Office 1,000 X 60 60,000
Travel 50 X 60 3,000
Supplies & Postage 50 X 60 3,000
Telephone 150 X 60 9,000
Total Expenses 610,920
Net Profit 293,940
• 10
i !
RELATED S~ STEMS
12 1. A complete list of all communications systems in which the
Applicant or a principal thereof holds an equity interest.
Starr Communications Inc.
Lynn Johnson, President
Franchise cable TV systems currently owned and operated by Starr
Communications
Bates Cablevision Inc. A subsidiary of Starr Communications Inc.
Towns served: Arriba and Seibert Colorado
Lowell Gilbert Mayor
P. O. Box 48
Arriba Colo. 80804
719-763-3435
Glen Meyers Mayor
6th & Ohio
Seibert Colo. 80834
303-664-2263
Franchise cable TV systems built by Starr Communications Inc.
Town served: Erie Colorado
Sold to Scripps Howard Cablevision 9/90
Scripps Howard Cablevision
Greg Griffin General Manager
434 Kimbark Street
Longmont Colo. 80501
303-776-2108
Town of Erie
Scott Hahn Town Manager
Mika Woodruff Mayor
P. 0. Box 100
Erie Colo. 80516
303-665-3555
Wiggins Cablevision Inc.
Town served: Wiggins Colorado
Sold to Wiggins Telephone 3/92
Wiggins Telephone
Dwight Schmidt GM
P. 0. 248
Wiggins Colorado 80654
303-483-7343 11
~ s
Gary Miller Mayor
P. 0. Bost 26
Wiggins Colo. 80654
303-483-7876
John Holdren Town Manager
P. 0. Boy 287 ~ ,
Wiggins Colo. 80654
303-483-6161
Private Gable systems currently owned and operated by Tri-County
Cablevision Inc.
Marriott Mark Resort
Stan Engledorf, General Manager
715 W. Lionshead Place
Vail, Colorado, 81657
(303) 476-4444
The Antlers at Lionshead
Rob Levine, General Manager
680 W. Lionshead Place
Vail, Colorado, 81657
(303) 476-2471
12 .
~ s
AFF' I DAV = T
12 m.. An affidavit of the Applicant or duly authorized officer
thereof certifying, in a form acceptable to the Town, the truth and
accuracy of the information contained in the application.
AFFIDAVIT
I Lynn Johnson, being a duly authorized officer of Tri-County
Cablevision does hereby guarantee that all information contained
in this application is true and accurate to the best of my
knowledge.
Lynn A. Johnson, President
Tri-County Cablevision Inc.
A Colorado Corporation
13
. •
. R E P R E S E N T A T I V E
12 0. Any person who files an application with the Town for a cable
communication franchise shall forewith, at all times, disclose to
the Town, in writing, the names, addresses, and occupations of all
persons who are authorized to represent or act on behalf of the
Applicant in those matters pertaining to the application. The
requirement to make such disclosure shall continue until the Town
shall have rejected the Applicant's application or until an
Applicant withdraws its application.
. The following person is authorized to represent' Tri-County
Cablevision Inc. in matters pertaining to the franchise
application.
Lynn A Johnson
President Tri-County Cablevision
240 South Pecos Street
Denver Colorado 80223
303-698-1048
Fax 698-1048
14
TRI-COUNTY CABLEVISION
TECHNICAL SPECIFICATIONS
ANNUAL PROOF OF PERFORMANCE CRITERIA
The following technical specifications are a summary of the minimum
performance tests to be completed annually on no less than 100$ of
the system.
1. The visual signal level at the subscriber terminal (based on a
100 foot cable drop) shall be no less than 1.41 millivolts (+3db}
across an internal impedance of 75 ohms.
2. The visual signal level on each channel carried on the system
. shall not vary more than 8 db during any 6 month period.
3. Adjacent channel visual carriers shall not vary more than 3 db
and any channel from 50 to 550 mhz shall not vary more than 12 db.
4. The rms voltage of any aural carrier shall be maintained between
10 'and 17 db below the associated visual carrier.
5. The RF visual signal level to system noise shall not be less
than 40 db. The ratio of coherent disturbance shall not be less
than 51 db.
6. The terminal isolation provided to each subscriber terminal
shall be 18 db or better.
7. Hum or low frequency repetitive transients shall not exceed 3$
of the visual signal level.
. 8. A signal leakage test shall be performed on the entire system
at least once per year in the frequency band of 108 to 137 mhz. Any
leak exceeding 200 microvolts per meter shall be fixed immediately,
any leak exceeding 50 microvolts per meter shall be fixed within
60 days and any leak exceeding 20 microvolts shall be noted. A
basic signal leakage performance report documenting all leaks
detected and containing the cumulative leakage index determined by
the I 3000 method shall be completed and filed with the FCC
annually.
15
TELECOMMUNICATIONS MANAGEMENT- COMP.
~ 5757 Wilshire Blvd. Suile 344 Los Angeles, CA 90036 (213) 931-2600 Fax (213) 931-7355
August 31, 1992
Mr. Lynn A. Johnson
President
Tri-County Cablevision
240 South Pecos Street
Denver, Colorado 80223
Dear Mr. Johnson:
Telecommunications Management Corp. (TMC) has been
retained by the Town of Vail to assist the Town in its
review of your application for a cable television franchise.
We~have reviewed your application "draft" and have a number
of requests for clarification or additional information.
These include:
(1) On page 5 of the application, it is indicated ,
that "Tri-County Cablevision has the funding
in place for the construction outlined
Please provide information as to any specific
commitments of funds for the construction and
operation of the proposed cable system, with
identification of the funding agencies.
(2) Provide a listing of the equipment in place
at Mariott Mark Resort which will be used as
the distribution hub for this system.
(3) Seven channels of reverse capacity are stated
as to be provided. Please indicate how the
system will be configured in order to provide
this non-standard upstream capacity.
(4) Please provide a service area map and
specific schedules for completion of the
first phase of construction, and any
subsequent construction phases.
(5) A 550 MHz system is indicated, but only 18
programmed channels are listed. Please
confirm whether any more than 18 channels
will be activated initially.
VAI LTR11 . I.TP
~ !
Mr. Lynn A. Johnson
Tri-County Cablevision
August 31, 1992
Page 2
(6) Please indicate which of the 18 channels
listed is the local access channel referenced
on page 6 of the proposal.
(7) A "lifeline" service is referenced on page 9.
Is this different from the proposed basic
service, and if so, how?
(8) Please indicate how competition will be
provided to the lodges. Specifically,
indicate which lodges will be served, which
are currently receiving cable service from a
competing provider and which lodges will not
be provided service and an explanation for
. non-service.
(9) Please provide information with regard to any
proposed agreements you may have with lodges
to provide cable service.
(10) Please indicate whether any non-lodge
residents will be served and where they are
located.
(11) The application indicates that "If the market
requires it we could compete over the entire
community". Please indicate what specific
criteria will be used to determine whether
the market requires competition, and how
frequently this determination will be made.
(12) The Town's cable ordinance requires a
demonstration stating how the proposal is
reasonable to meet the future cable related
community needs and interests. Please submit
any information you may have that indicates
the community's need for additional cable
service.
(13) Financial pro forma projections are required
for each year of the franchise term,
including a statement of income, balance
sheet, statements of sources and uses of
funds, and a schedule of capital additions.
Your projections do not include most of these
items. Furthermore, in the financial
information provided, you indicate a 60 month
schedule. Does this indicate a five-year
franchise term is requested?
VAI LTRII. LTR
Mr. Lynn A. Johnson
Tri-County Cablevision
August 31, 1992
Page 3
(14} The revenue projections on page 10 apparently
includes no revenues from individual
subscribers. Does this confirm that service
will be provided only to lodges?
. (15) Please indicate the relationship of Tri-
. County to Starr Communications, Inc.
(16} Please provide a signed copy of the required
affidavit.
(17) Please provide a statement indicating whether
Tri-County will meet all of the new FCC-
required technical standards.
Please feel free to contact me with any questions you
may have with regard to the requested clarifications. After
. we have discussed these issues, you may wish to submit for
the Town's consideration an amended franchise application.
Sincerely,
CARL PILNICK
President
C: Lawrence A Eskwith
VAII~TRII. LTR
Tri-County
Cable vision
September 14, 1992
Mr. Carl Pilnick
President
Telecommunications Management Corp.
5757 Wilshire Blvd Suite 344
Los Angeles California 90036
Dear Carl,
I received your letter dated August 31, 1992 asking for
clarifications and additional information on our draft proposal for
a second franchise for the Town of Vail, Colorado. Tri-County
Cablevision is very concerned about the possible ramifications of,
filing for a duplicate franchise in a TCI controlled area.
Hopefully your company has experience in similar "overbuild"
situations. Naturally The Town of Vail has hired your firm and are
also very concerned about potential litigation and what may be done
to minimize the risks involved. The application draft that you have
will have to be changed to your specifications. I would be glad to
make your recommended changes, but if you prefer to make them I can
furnish you a diskette with the "Word Perfect" files on it for you
to change.
I would like to here from you about your predictions as to the
timing of this project and to its feasibility. Any information on
similar situations would be helpful.
Regards,
Z~-~--~ ~
nn Jo son, President
i
/cc L ,ry Eskwith
240 S. Pecos Street Denver, CO 80223 • Ph. (303 698-9283 Fax (303) 698-9285
•
(1) FUNDING: Tri-County Cablevision has funded all current projects
from private sources. To date we have not given up equity to obtain
this funding. To date we have not had to go outside this group of
four original investors and have paid back all funds and interest
as agreed. We have numerous other private investors that are
interested in our company. Some of these investors want equity for
their investment. We naturally would prefer to retain 100
ownership with the three original owners. We have the. funds for
phase one of the franchise within the Company and with the original
four private investors. After completion of the first phase we will
obtain additional financing in the best manner available. The Town
of Vail wants competition in the cable TV, Tri-County Cablevision
is willing to be that competition. We will have to put up bonds or
letters of credit to cover franchise fees and the first phase of,
construction. This alleviates the risk taken by the Town of Vail
and guarantees the completion of phase one.
(2) EXISTING EQUIPMENT;
2 Prodelin 3 meter satellite antennas with dual feed
7 Drake 1240-IRD receiver\decoders (one spare)
5 Drake ESR 1240 receivers
5 General Instrument VCII decoders
12 Blonder Tongue MAVM modulators
5 Echostar 40 degree LNBs
1 Scientific Atlanta agile modulator (spare)
2 Baird PL2 non penetrating satellite roof mounts
1 Cadco ISC24 combiner
6 distribution amplifiers
2 equipment racks
Miscellaneous connectors and cable
(3) REVERSE CAPACITY: All amplifiers that will be installed will
be reverse capable. No diplexers or reverse amplifiers will be
installed initially. The Sub-band will be reserved for this
purpose. Channels T-7 to T-13 would be available for reverse use
should the need arise. T-7 to T-13 is a total of 7 channels.
(4) PHASE ONE MAP AND SCHEDULE: Phase one of the proposed
construction is outlined in the map enclosed. A design map will be
submitted at time of acceptance of the franchise. Phase one is
comprised of 5,500 ft. of underground trunk and feeder lines and
associated active and passive devices. The construction schedule
•
has to be during the short summer season. Phase one will be
completed in the 120 day period between May 1st 1993 and August
31st 1993. Phase two will be planned for the following summer of
1994.
(5) CHANNELS: There are no over the air TV signals available in the
Vail Valley. Therefore their is absolutely no alternative service
available to lodges or homes in Vail other than the existing
franchisee, (Heritage Cablevision, TCI). We feel that a compact,
affordable channel package is needed for those customers that
require only minimal TV service such as the lodging industry. Many
homeowners who merely have a vacation home in Vail would also
prefer a less expensive service than what they would need in a full
time residence. In offering a very basic service we can help fill
the void created by the lack of over the air free TV.
(6) LOCAL ACCESS CHANNEL: Channel 3, the Local Visitor Channel,
would be available for public access. If the demand for a public
access channel require a dedicated channel then one would be
provided at no additional charge to the subscriber.
. (7) LIFELINE SERVICE; The proposed "Lifeline Service" mentioned in
paragraph 12 j. page 9 of the proposal is a proposal by the Town
of Vail to Heritage Cablevision and has no association with the
proposal from Tri-County Cablevision.
(8) COMPETITION TO LODGES; Lodges currently under contract with
Tri-County Cablevision are listed in the following paragraph 9. All
of these lodges are currently being served by Heritage Cablevision
but have contracts with Heritage that have expired and are
currently on a month to month service. The lodges that we will pass
but which we do not have a contract to service fall into two
primary groups. The first is lodges that are currently under
contract for service from Heritage, TCC has made no effort to
encourage any lodge to break their current agreement with Heritage.
The second group are those lodges that do not have a bulk billing
. arrangement. These lodges require that each unit owner purchase
cable TV on their own. TCC will offer cable service to all of these
lodges either on a bulk or retail basis depending on the individual
lodges preference.
. (9) The following lodges have signed five year agreements with Tri-
County Cablevision on a bulk account basis:
VAIL PHASE I
Development Units
Antlers* 77
Evergreen Lodge 128
Lionshead Center 27
Lionsquare Lodge 121
Lodge Towers 56
Marriott Mark Resort* 358
Monteneros 42 ,
Sonnenalp 140
Vail Medical Center 55
Westin 322
TOTRL UNITS 1326
*Currently being served
(10) All lodges, businesses and residential units passed by phase
one will be offered service on a bulk or individual retail basis.
(11) ENTIRE COMMUNITY; This is one of the most important issues on
. the franchise proposal . TCC has enough bulk accounts signed to five
year contracts in phase one to make it financially feasible. If the
situation remains the same as it is now we will build the entire
community. The major question here is just what Heritage/TCI will
do when faced with competition. If for example TCI lowers rates to
a level that makes it impossible for TCC to compete, it would be
difficult to justify building the entire community.
The major questions are:
A. Should the franchise must be written to require 'ACC to build the
entire community or can the franchise be for part of the community?
See Ordinance #18, 1989 Franchise Ordinance paragraph 5
"REQUIREMENT OF A FRANCHISE".
B. How long should TCC have to build the part or all of the
community?
(12) Heritage cablevision has continued to raise the rates at the
maximum allowable rate every year for the past decade. Their are
no over the air TV signals in Vail so citizens of Vail have no
choice.
(13) FINANCIAL PROFORMA; See attached financial documents.
(14) The financial projections are for worst case which include
only those lodges that are currently committed to five year
contracts with TCC. Every potential customer that is passed by
phase one will bye offered service on a bulk or retail level.
•
(15) Lynn A. Johnson is President and 505 owner of both Starr
Communications Inc, and Tri County Cablevision Inc. The remaining
50$ ownership is totally different in both companies. Starr
Communications has Frank Starr as 50$ owner. Tri County Cablevision
has Bart Becket' and Curt Coolidge as 25~ owners each as explained
in the application. Starr Communications is a franchise cable TV
company operating since 1988 and is in the process of selling off
its assets . Frank Starr died at the age of 75 in 1992. His 50~
ownership is in the hands of his son Frank O. Starr II'I. Although
the company has been profitable Frank has other ambitions and does
not want to continue the operation of cable TV systems. Starr
Communications sold its next to last system on August 31, 1992
(Arriba Colorado) and plans to sell Seibert Colorado within the
next year. Lynn Johnsons time is devoted entirely to Tri-County
Cablevision.
(T6) The required affidavit was not signed because the application
was just a draft. Everything in the draft is accurate and we have
no problem ins providing a signed affidavit. Please find it
enclosed.
(17) FCC STATEMENT: Tri County Cablevision will meet or exceed all
the technical specifications of Part 76 of the FCC regulations and
any changes to be added in the future.
Regards
L i. kr52~1 ~
L nn A. ,d nson President
. U S E O F FUND S
VAI L fRANGHI SE GOST
Franchise Application 10,000
Legal Expense 2,000
Westin system 17,000
Commissions 4,000
Cash reserve 10,000
System Construction 40,000
LC 40,000 (construction 800
LC 10,000 (franchise tax) 200
. Total cost phase one 74,000
Less current investment 20,000
Additional capital investment 64,000
•
A F F I D AV I T
12 m. An affidavit of the Applicant or duly authorized officer
thereof certifying, in a form acceptable to the Town, the truth and
accuracy of the information contained in the application.
AFFIDAVIT
I Lynn Johnson, being a duly authorized officer of 'Tri-County
Cablevision does hereby guarantee that all information contained
in this application is true and accurate to the best of my
knowledge.
'
Ly}~ A. John on, President
~~i-Count / ablevision Inc.
A Colorado Corporation
13
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•
APPENDIX D
EVALUATION OF TRI-COUNTY
FRANCHISE APPLICATION
~ i
i \ TELECOMMUNICATIONS MANAGEMENT CORP.
1 5757 Wilshire Blvd. • Suile 344 • Los Angeles, CA 90036 • (213j 931.2600 Fax (213) 931.7355
October 7, 1992
Mr. Lawrence A. Eskwith
Town Attorney
Town of Vail
75 Frontage Road
Vail, Colorado 81657
Dear Mr. Eskwith:
I have reviewed the supplemental cable television
franchise application material submitted on September 14,
1992 by Mr. Lynn Johnson of Tri-County Cablevision (Tri-
County) .
My comments are as follows:
(1) Financial Capability
Mr. Johnson indicates that the internal funds
are available for "phase one" of the proposed
cable system construction. As showm on the
attached maps, this phase would include
installation of 5,500 feet of cable plant,
primarily trunk cable, with some feeder cable
branching off to serve specific lodges.
Underground cabling costs range between
530.000 and 560,000 per mile in most
communities, so that Tri-County's estimated
540.000 construction cost appears reasonable.
The "Use of Funds" section of the September
14 letter estimates a total cost of 574.000
for phase one.
Additional financing will be sought, after
completion of phase one,. "in the best manner
available". There is no indication that such
financing will be available at reasonable
terms.
'i
. (2) Exi;stina Eauibment
The existing equipment at the Marriott Mark
Resort includes two satellite antennas and
ancillary equipment to receive satellite
signals. There are currently 12 signal
• •
Mr. Lawrence A. Eskwith
Town of Vail
October 7, 1992
Page 2
modulators, so that up to 12 program signals
can be distributed through the cable system.
Tri-County's plan is to extend the
distribution of signals received at the
Marriott Mark to other lodges and resorts
along the proposed cable path.
(3) Construction Schedule
Tri-County proposes to construct the 5,500
feet of cable between May 1, 1993 and August
31, 1993. This is a realistic schedule,
assuming no delay in obtaining permission to
utilize the public rights-of-way. Since
underground cabling is involved, the affected
rights-of-way will be the Town's underground
easements.
(4) Service
The initial application listed a total of 18
channels of programming to be provided,
including
5 Denver TV broadcast signals
9 Basic Satellite Services (ESPN, CNN
CNN Headline News, CBN, WTBS, USA, WGN,
MTV, A&E)
3 Premium Satellite Services (HBO,
Showtime, Disney)
1 Local Visitor Channel
This would require increasing the reception
and signal processing equipment at the
Marriott Mark Resort, to handle 18 channels
instead of the current 12.
(5) Local Access
The "local visitor channel", which presumably
• would carry information of interest to
visitors and tourists, would also be
available for community access. Tri-County
does not indicate whether any cablecasting
equipment would be available for access use.
• •
Mr. Lawrence A. Eskwith
Town of Vail
October 7, 1992
Page 3
(6} Customers
Tri County indicates that 10 lodges,
including the Marriott Mark Resort, with a
total capacity of 1.326 units, have signed 5-
year service contracts with Tri-County for,
cable service on a "bulk-billing" basis,
under which service is provided to all units
for a single (bulk) price, paid by the lodge
as one bill.
Tri-County anticipates other potential
customers from units in lodges that do not
operate under bulk billing accounts. In the
initial application, bulk rates are listed at
,~7, per month per unit. Thus, exclusive of
premium channel revenue, 1,326 units would
represent S9.282 in revenue per month, or
5111.384 a year.
With pay-channel revenues, Tri-County
estimates revenues for the at an average of
about S140.000 ner year. With estimated
annual expenses of only $18,600 (excluding
programming costs), an annual net profit of
. about $51,000 is forecast.
(7) Service to the Entire Town
Tri-County indicates that its ability to
offer service to the entire Town will depend
upon the competitive posture of Heritage, and
therefore appears unwilling or unable to make
an unequivocal commitment on this issue.
Tri-County appears to prefer a limited-area
franchise, rather than one with the entire
Town as a service area, or, if the latter, a
relatively long construction schedule to
expand service outside of the lodge area.
(8) Financial Projection
Financial projections are provided on an
aggregate 5-year basis, to coincide with the
5-year bulk-billing agreements with the 10
lodges. The revenue projections appear
reasonable, since the bulk of the revenues
will come from the contracted basic service,
and only a small portion (about 200) from
optional premium channel service.
•
Mr. Lawrence A. Eskwith
Town of Vail
October 7, 1992
Page 4
Tri-County's estimated monthly operating
expenses of $1,550 may be low. It consists
of the following items:
ITEM MONTHLY •
• COST
office $1,000
Telephone 150
Supplies and 50
Postage
Travel 50
Insurance 100
Maintenance and 200
Repair
$1,550
This appears to assume, for example, that no
extra personnel would be required for
maintenance and repair. Nevertheless, if few
problems arise, the budget might be
attainable.
In summary, Tri-County is proposing to extend service
from the Marriott Mark Resort and Antlers lodges, which it
presently serves, to 8 additional lodges with whom 5-year
bulk-billing service agreements have been contracted. To do
this, it would install about one mile of trunk and feeder •
cable in the Town's rights-of-way, along a path shown in the
map provided with the application. This occupancy of the
rights-of-way would require a cable franchise.
The key issues appear to be the following:
(a) Does the town wish to consider granting a
. limited franchise, or a second Town-wide
franchise similar to that granted to
Heritage? The limited franchise, as an
example, might define an initial service area
(e.g., the lodges), with a requirement to
extend service to other areas later, based on
specified conditions.
It is to be expected that Eeritage will take
the position that any second franchise
granted must be substantially equivalent to
Mr. Lawrence A. Eskwith
Town of Vail
October 7, 1992
Page 5
the Heritage franchise, including serving the
same areas.
(b) A firm requirement for Tri-County to provide
cable service to the entire Town within a
defined time deadline might result in Tri-
County withdrawing its application, ar '
challenging that requirement. As proposed, ,
the Tri-County "phase one" is a low-risk
operation, since 5-year bulk-billing '
contracts, at established prices, are already
in hand. Open competition for subscribers
against Heritage, however, could entail
considerable financial risk.
Any decision made by the Town might carry some legal
vulnerability. At this stage, Tri-County's applications
appears worthy of further consideration. I would suggest
meeting at an early date to review the Town's options. We
could hold separate meetings with Tri-County and Heritage to
question each party individually on specific alternatives,
and then meet to discuss which alternatives appear to be in
the Town's best interest. Following that, I can prepare a
final evaluation of benefits and risks, and specific
recommendations for Town action.
I look forward to your response.
Sincerely,
CARL PILNICK
President
i ~
APPENDIX E
EXTRACT FROM CALIFORNIA CABLE LAW
CAL~ANIA LEGISLATURE-1989-90 AEGL3LAA SESSION
ASSEMBLY BILL No. 2892
Introduced by Assembly Member Moore
February 13, 1990
An act to amend Section 53066.3 of the Government Code,
relating to cable television.,
LEGISLA'r1VF COUNSEL'S DIGEST
AB 2892, as introduced, Moore. Cable television.
Existing law empowers any city, county, or city and county
in the state to authorize by franchise or license the
construction of a community antenna television system.
Exisdng law requires any franchise granted to provide cable
television service in an area already franchised and served by
an existing cable operator to require the franchisee to wire
and serve the same geographical area, and to contain the
~ same public, educational, and governmental access
requirements that are set forth in the existing franchise.
This bill would limit that requirement to any additiorial
franchise to provide cable television service in an area in
which a franchise has already been granted and where an
existing cable operator is providing service or certifies to the
franchising authority that the existing operator is ready,
willing, and able to provide service. It would also require the
franchisee to wire and serve the geographical area within a
reasonable time, and in a sequence which does not
~ discriminate against lower income or minority residents.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
s9 so
AI3 2892 - 2 -
The people of the State of California do enact as follows:
1 SECTION 1. Section 530G6.3 of the Government
2 Code is amended to read:
3 530G6.3. (a) If a city, county, or city and county elects
4 to grant an additional cable television franchise in an area
5 where a franchise has already been granted to a cable
6 television operator, it shall do so only after a public
7 hearing noticed pursuant to Section 6066, in a newspaper
8 of general circulation as defined in Section 6000, where all
9 of the following have been considered:
10 (1) Whether there will be significant positive or
11 negative impacts on the community being served.
12 (2) Whether there will be an unreasonable adverse
13 economic or aesthetic impact upon public or private
14 property within tl~e area.
15 (3) Whether there will be an unreasonable disruption
16 or inconvenience to existing users, or any adverse effect
17 on future use, of utility poles, public easements, and the
18 public rights-of--way contrary to the intent of Section
19 7G7.5 of the Public Utilities Code.
20 (4) Whether the franchise applicant has the technical
21 and financial ability to perform.
22 (5) Whether there is any impact on the franchising
23 authority's itlterest in having universal cable service.
24 (6) Whether other societal interests general]y
2.5 considered by franchising authorities will be met.
2G (7) Whether the operation of an additional cable
27 television system in the coininunity is economically
28 feasible.
29 (8) Suc1i other additional matters, both procedural
30 and substantive, as the franchising authority may
31 determine to be relevant.
32 (b) Nothing iu this section prevenl-s any city, county,
33 or city and county from considering the approval or
34 denial of an additional cable service franchise in ail e~ any
35 of ~e area of the city, county, or city and county,
36 subject to compliance with subdivision (d), or the
3? imposing of additional terms and conditions upon the
38 granting of the franchise, as the city, county, or city and
~s an
- . 3 ~ AIi 2892
1 county determines is necessary or appropriate.
2 (c) The cit}~, county, or city and county shall make a
3 hi~al determination as to whether to grant the additional
4 franchise within six months of the application date unless
5 the jurisdiction can establish that the applicant has
6 unreasonably delayed proceedings designed to consider
7 the matters set forth in paragraphs (1) to (8), inclusive,
8 of subdivision (a).
9 (d) Any additional franchise granted to provide cable
10 television service in an area f~s~ised ~ -
11 ser-ved ~ arc e~~ ewe e~ in which a franchise
12 has already been granted and where wi existing cable
13 operator is providing service or certifies to the
- 14 Franchising authority that it is ready, willing, and able to
15 provide service, shall require the franchisee to wire and
16 serve the same geographical area within a reasonable
17 tune and in a~ sequence which does not discriminate
18 against Iower il2come or minol•ity residents, and shall
19 contain the same public, educational, and governmental
20 access requirements that are set forth in the existing -
- 21 franchise. ?'his subdivision does not apply inhere all
22 e~sting cable operators certify to tl~e franchising
23 authority that they do not intend to provide service
24 within a reasonable time to the area to be initially served
25 by the additional franchise.
O -
ss so
RECEIVE® ~9~W' 1 0 1992
DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST
BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL
STEVE BARWICK GARY MURRAIN DEBBIE ROELAND
MIKE BRAKE GREG HALL MIKE ROSE
DICK DURAN SUSIE HERVERT TODD SCHOLL
CAROLINE FISHER JIM HOZA DAN STANEK
ANNIE FOX 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: NOVEMBER 9, 1992
RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF
NOVEMBER 9 - 13, 1992
STREETS AND ROADS
A. 1. Install xmas lights at 4-way.
2. CDL testing (Jim & Charlie 0).
3. Train Gumby, John, Gilbert for winter back-up crews.
4. Hoza to assemble and install signs for the new truck
loading zones in the core.
5. Mark snow route with obstacle markers.
6. Fabricate 20 "Not Maintained in Winter" signs and
install.
7. Correct grade at East Vail Market (asphalt) and install
trench drain.
PARKING STRUCTURE/TRANSPORTATION
A. 1. Install Xmas lights at structures.
2. Improve handicap signage at structures.
3. Install ventilation to toll booths.
4. Install diamond plate over expansion joint at bus
islands.
5. Get permit for backflow at Lionshead.
6. Install door closer at Community Development.
7. Use scarifier to reduce knots on Covered Bridge. (Use
Caution)
CARPENTERS
A. 1. Train personnel for snowplowing.
2. Repair doors at Lionshead and Slifer fountains.
3. Build shelves at Municipal Building.
Y
PUBLIC WORKS PRIORITY LIST
Page 2
CARPENTERS (CONT.)
A. 4. Build cover for dumpster holding aggregate.
5. Build planters for Garden of the Gods.
ELECTRICIANS
A. 1. Conduct line locates as requested.
2. Run conduit for fire detector for storage facility at
VTRC.
3. Prewire monitoring devices for Bus Dept. at VTRC.
4. Install smoke detector and lights at Ski Museum Storage.
5. Connect VTRC band saw.
6. Repair leaning street light pole at Municipal Bldg.
7. Install step lights at Municipal Bldg.
8. Prep old Subs and Spuds for new cafe.
9. Start Xmas light installation.
10. Purchase transformer for VTRC restaurant:
11. Repair various light outages.
12. Install additional power at cinder bin.
PARKS DEPARTMENT
A. 1. Schedule removal of dead tree at Library entrance.
2. Prepare for Gore Creek Promenade public meeting on
11/12/92 at Lancelot restaurant.
3. Draw up plans for Fleet Maintenance Restrooms.
LG/dr
SENT BY~EAGLE COUNTY ;11- 6-92 935 ; 30332872D7-~ 3Q34792157;# 1/ 3
RECEIVED N 01~ : 6199
C,... ~M`.~::
FACit F [l?UNTY BWLDING
P.O. BOX S50
CtFFICb OF THE tA0.F. CAI C1KAl]U 8163 t
CAUNiV MANA1;ifR : ; :•~•y FAk~ (303) 328.7]07
i try ~J~~+~~.
EAGLE C~UNYY, COLt~?I~ADOr
FACE TliAN511?YY x ~ AL BULLJ+:TIN
DATE: November 6,1992 - 8;19
TU: AU Fi~?p~ why receive the Baord of I;vmmissioners Agenda
I+~RDM: Tam Jenkins FAQ # ("3Q3~ .328-7202
3 FADES TO BE TRANS11+u ~ 1,~+,a~,
INCI,t,TDING i nii C(Ij+~ai FAGrE.
T~ ~ ~ IlF D(tIMENT: Information
FRIDRtz i
~ ~ DELIVER IlVa4~IA~ r,;~,~.,Y
~ x x ~ x~ 1Vl,~,r ~ ADDRES~~.~
ADDY~~rJ?NA,I,. IN:~~.~UCTYQNS UR CIyMh~+1TS:
Do to a r~a~uge it? the agenda far Tr>tesdr~y lwTvvember 14, I992 I am residing
Sou t~ agenda. Fl~se disregard the agenda you received ye~t~erday
(November' 1992. If you have any questions please call me ~ 3''$-$609.
~'ttank you.
DING taP'ERATUR:..--
SENT BY~EAGLE COUNTY ;11- B-92 ; 936 ; 3033287207-~ 3034792157;# 2/ 3
'Y
November b, 1992 - 8:32 w,; EAGU: COUNTY BIDLDlNG
' '~i.• 55 ( BRQADWAY
dFFiCE 4F THE " F.O. BOX 850
BOARD OF COMM?SSIONkR5 `i.< EAGLE. COI ORADO B 1631
(303) 32S•6605 ~;;;~'_i'"~ FAX: (303) 328.7207
EAGLE COUNTY, COLORADO
AC~NDA
$OARD OF COUNTY COMMISSIONERS
PLANNIIVQ MEETING DAY
TUESDAY, NOVEMBER 14, 1992
~:p0 - 10:00 SLAVIN NEVINS PRESENTATION (IF THE
PRESENTATION •
~rtx rx~rrxtymmer DOI~ N'CI'!'' OCCUR ON MONDAY NOVEMBER 9, 1992)
Ji11 Nevins
or
WORK SESSION -BUDGET
James R. Fritze, County Manager
Allen Sartain, Finance Director
io:~ - lo:is +~~*sREAx****
10:iS -11:15 WORK SESSION ~ BUDGET
a[Taf the KQLYCR[JLY,S RUOM James R Fritze, County Manager
Allen Sartin, Finance Director
11:15 - 11:30 A. FLAT AND RFdSOLu ai~N SIGNING
coaxn'ROO~ Tarn Alleraler, Planner, Community Deve1 ~,~,,.~~„ent
• A4 iONa Consider approval..
B. RELEASE OF COLLA~r~AL n~D FUR RIGHT t~F WAY
ON Lt?rv~ SQUAW CR~1.t~ ROAD
Kevin Lindal>Il, County At~orney
Ar..',~xON: Consider approval.
SENT BY:EAGLE COUNTY ;11- B-92 9:37 3033287207 3034792157;# 3l 3
C. SIGNING AND ACCE.I'TANCE OF SQUAW ~.'~arrx
LOAD RIGHT OF WAY FLAT
Sid Fox, Planner
ACTION: Consider a~,~.. ~ ~aY.
12:30 - 01:00 ****Llll~tOH****
02:00 - 02:1 S SU
2'7$-9~A?F
A.~r'~.w+1 dUNI~TIQN
i2e~ anrrlvrYa~ Tom Allender. Planner community Deve1~,~~..~.ent
ACTIOI~i: Consider approval.
OLL:XS -0.5:00 WORD. SESSION - BG~GET
nrrQtrtietror.~c:eassao~ James R. Fritze, ~onnty Manage
Allen Sartin, Pinanc;e Director
TfD~ N~'C[' M~TIN(7 OF THS EACH COUNTY COh~IIS.,: ~ . ~ :.~.5 wILL. B~ HHLD CiN NOVffi~dBFdt 16, 1992.
Tffi9 A[~EMDA IS PBAVID~E'sD IIdF4aMATiONAL PI7RPOSB9 ONLY - AIl. TIl?da5 ARH APpR03m~ATF. 1'H!i BOARD ~ r . ~ T3
III SBSSIl7N MAY C'AQVS~Bit ~ at~+„~ II'Fd1~3 THAT ARL~ BROUGHT a~si'v$.fi 1T.
1991-1992
DAY OF WEEK TOTAL VEHICLES TOTAL DAYS AVERAGE
MONDAY 1399 20 70
TUESDAY 1436 20 72
WEDNESDAY 1290 21 61
1 ti ~JRSDAY 1313 21 63
FRIDAY 225 21 11
SATURDAY 824 21 39
SUNDAY 291 21 14
TOTAL 6778
FORD PARK AVERAGES
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TOWN OF VAIL
Contact: Caroline Fisher 479-2115 FOR IMMEDIATE RELEASE
November 4, 1992
~i
PUBLIC MEETING #2 TO BE HELD REGARDING PROPOSED
VAIL VALLEY PERFORMANCE AND CONFERENCE CENTER
err. ~ :The second in a series of public meetings regarding the proposed Vail Valley
- si Performance and Conference Center will beheld Wednesday, November 11 at the
d .~f t.~' Vail Town Council Chambers, 7:00 PM. Residents, merchants, employees and
~f 4 ~ 'other interested individuals are encouraged to attend and participate in the
xz continuing discussion of this proposal.
'Nearly fifty residents from throughout the Vail `?aliey have been working to address
. ~
s # ~ , questions related to the development of such a facility in Vail. The current series
'y' ~ of public meetings is being held in conjunction with designers and committee
~ ~ ` members to de~~elop a concept for the facility. Ans~~~ers relating to potential
r ~ ;r management, programming, and design are simultan~0usly bE~ing pursued. The
' - third and final public meeting in this series is scheduled for Cecember 3.
`r
"Our goal is fio determine if such a facility is appropriate for Vail and, if so, how this
- dream can become a reality," Steering Committee Chairman E.E3. Chester said.
"We are encouraging people an both sides of the issue not to wait until the final
moment to get involved. We encourage those who attended the first meeting to
stay involved by coming to next week's meeting. For those who missed the initial
meeting and haven't been involved to date, it is not too late to let their concerns
and views be known."
.r:
What: Vail Valley Performance and Conference Center
Public Meeting #2
When: Wednesday -November 11, '1992
7:00 PM
Where: Town of Vail Municipal Building
- 30
75 SOUTH FRONTAGE ROAD
VAIL, COLORADO 81657
TELEPHONE 303-479-2100
TOWN OF VAIL
75 South Frontage Road Department of Public Works/Transportation
Vail, Colorado 81657
303-479-2158/FAX 303-479-2166
CONTACT: SUSIE HERVERT, 479-2158 FOR IMMEDIATE RELEASE
NOVEMBER 5, 1992
*****MEETING NOTICE*****
ALL VAIL RESIDENTS AND MERCHANTS ARE INVITED TO ATTEND AN INFORMAL MEETING
SPONSORED BY THE TOWN OF VAIL TO DISCUSS THE FUTURE OF THE PEDESTRIAN FOOTBRIDGE
ADJACENT TO THE INTERNATIONAL BRIDGE.
DATE: THURSDAY, NOVEMBER 12, 1992
TIME: 2:OOP.M. - 4:30P.M.
PLACE: LANCELOT RESTAURANT
THE INTERNATIONAL BRIDGE IS NOW COMPLETE. THE NEXT PHASE UNDER CONSIDERATION IS
THE REMOVAL OF THE ADJACENT PEDESTRIAN FOOTBRIDGE. THE PURPOSE OF THE MEETING
IS TO SOLICIT AND DISCUSS ANY COMMENTS, SUGGESTIONS AND POSSIBLE ALTERNATIVES
REGARDING THE REMOVAL OF THE FOOTBRIDGE.
COMMUNITY INPUT IS ESSENTIAL DURING THIS DECISION MAKING PROCESS. THEREFORE, THE
TOWN OF VAIL ENCOURAGES THOSE INTERESTED TO PLEASE ATTEND THIS PRELIMINARY
MEETING.
MEMORANDUM
In~ry -
n~eo/ 11 ~ /
CoP/ ~5 'V/
TO: Vail Town Council i
c
FR: Pam Brandmeye~..~ ~ AA6 ~ ~ ~
DA: November 5, 2992 -~~4t d ~ s ~ s ~ »/bo x
RE: Regional Transportation Meeting
This is a special notice regarding a work session scheduled with the County Commissioners
for Monday, November 23,1992, at the Commissioner's Board Room beginning at 11:00 A.M.,
to discuss bus funding on a regional basis. Invitations to attend have been extended to both
the Town of Vail Town Council and the Town of Avon. Please mark your calendars!
C:\MEM.FMT
NOV- 1-92 SUN 16:37 AVON 8C RESORT ASSOC 303 949 4365 P. 02
~x
RESQRT ASSUCIATIQN
TytK~Eay~N ,~~~~i
T \'Alt
CQURSES !N HUMAN RESOURCES
The Avon-Beaver Creek Resort Association, Vall Daily, ~e Vail Valley Tourism and
Convention Bureau, and Colorado Mountain College are pleased to present a series of
Courses in Human Resources, Offered in a half day class format beginning November
20th. Faoilitated by Alysia Kehoe, a local human resource management consultant. tl~e
three programs will be held in November, January, and March at Colorado Mountain
College. Designed for employers, managers, and employees, the topics ere timely,
motivational, end educational!
Team ommunicatt
C on
Friday, November 20, 1992,1:OOPM-4:40PM
Bring your whole team! Perfect the communication skills that
are vital for en efficient workplace, and make an action plan
to improve your group's productivity.
Time Management & Stress Reduction
Friday, January 8, 1993,1:OOPM-4:OOPM
Local Physical Therapist Mary Miller, along with facilitator Alysia Kehoe, will
explore tools and techniques on how to reduce stress and make optimal use of
time. An idea! program for your staff after the holiday rush.
Maintaining A Total Quality Workplace '
Friday, March 12, 1993,1:OOPM-4:OOPM
Define Total Quality for your workplace, and learn how to create and sustain a
Total Quality environment.
Programs include all materials and refreshments, Cost for Vail Valley Tourism enc
Convention Bureau and Avon-Beaver Creek Resort Association members is $25.00, non-
member oost Is $30.00, and the pr~registratIon cost for all three symposiums is $60.00.
Sign up by calling the ABCRA at 848-b188.
RECEIV~® 6a,d . 5 yy'/ ~1/K/
q ~ ~ T 1v~7G
a~.---
P,A/L ~~lCv~
v
~ ~ ~
coo i ~ 5
~vP _
Job Knch~~a''`
-~~'of-~3~s ~~pY i~ ~~s mai/~a5e
~ -
. ~ ~~~~C~P~® ~s~~~ ~ ~
DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST,
BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL
STEVE BARWICK GARY MURRAIN DEBBIE ROELAND
MIKE BRAKE GREG HALL MIKE ROSE
DICK DURAN SUSIE HERVERT TODD SCHOLL
CAROLINE FISHER JIM HOZA DAN STANEK
ANNIE FOX 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: NOVEMBER 2, 1992
RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF
NOVEMBER 2 - 6, 1992
STREETS AND ROADS
A. 1. Correct grade at East Vail Market (asphalt) and
install trench drain.
2. CDL testing (Jim & Charlie 0).
3. Repair stones at lower bench Ford Park Restroom.
4. Train Gumby, John, Gilbert for winter back-up crews.
5. Hoza to assemble and install signs for the new truck
loading zones in the core.
6. Mark snow route with obstacle markers.
7. Fabricate 20 "Not Maintained in Winter" signs and
install.
PARKING STRUCTURE/TRANSPORTATION
A. 1. Install Xmas lights at structures.
2. Improve handicap signage at structures.
3. Install ventilation to toll booths.
4. Install diamond plate over expansion joint at bus
islands.
5. Place cinder barrels.
6. Prepare 212 for winter operation.
7. Get permit for backflow at Lionshead.
8. Hire winter personnel.
9. Cover Library janitor shifts.
CARPENTERS
A. 1. Construct street name signs.
2. Repair doors at Lionshead and Slifer fountains.
3. Build shelves at Municipal Building.
r'
v
PUBLIC WORKS PRIORITY LIST
Page 2
ELECTRICIANS
A. 1. Replace exhaust fan at PD (defective).
2. Run conduit for fire detector for storage facility at
VTRC.
3. Prewire monitoring devices for Bus Dept. at VTRC.
4. Install smoke detector and lights at Ski Museum Storage.
5. Connect VTRC band saw.
6. Relocate landscape storage lighting.
7. Repair leaning street light pole at Municipal Bldg.
8. Install step lights at Municipal Bldg.
9. Meet with fire detection representative 11/3 at 10:00 am.
10. Prep old Subs and Spuds for new cafe.
11. Start Xmas light installation.
12. Repair various light outages.
PARKS DEPARTMENT
A. 1. Schedule removal of dead tree at Library entrance.
2. Begin preliminary plan for Gore Creek Promenade
pedestrian bridge removal.
3. Draw up plans for Fleet Maintenance Restrooms.
4. Assist with xmas light installation.
LG/dr
PUBLIC NOTICE
REVISED VAIL TOWN COUNCIL MEETING SCHEDULE
(as of 11/3!92)
NOVEMBER, 1992
The Vail Town Council has been reviewing its meeting schedule. In an attempt to respond
to scheduled meeting demands, as well as adhere to mandated ordinance and charter
requirements, Council will now be meeting at the following times:
EVENING MEETINGS
Evening meetings will continue to be held on the first and third Tuesday evenings of each
month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation
and public audience for conducting regular Council business.
WORK SESSIONS
Work sessions, which are primarily scheduled for Council debate and understanding of issues
before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on
the alternating Tuesday afternoons, i.e., the second, and fourth Tuesdays of each month.
Unless otherwise noted, a brief overview work session for Council will precede the evening
meetings, from 6:30 P.M. - 7:30 P.M.
THE NOVEMBER. 1992, VAIL TOWN COUNCIL MEETING SCHEDULE
IS AS FOLLOWS:
Tuesdav. November 3. 1992
Work session 7:00 P.M.
Evening meeting 7:30 P.M.
Tuesdav, November 10, 1992
Work session 1:00 P.M. (starting time decided by length of agenda)
Tuesdav, November 17, 1992
Work session 2:00 P.M.
Evening meeting 6:00 P.M.
Tuesdav. November 24, 1992
Work session 2:00 P.M. (starting time decided by length of agenda)
TOWN OF VAIL
C~t~'m+~.cvd . ~+~~u.~~
Pamela A. Brandmeyer
Assistant to the Town Manager
WORK SESSION FOLLOW-UP November 6, 1992
Page 1 of 2
TOPIC. QUESTIONS FOLLOW-UP SOLUTIONS
1991
11119 NEWSPAPER VENDING LARRY E./ANDY/MIKE M.: What can be done to make Locations for the newspaper boxes have been
MACHINES these uniform and.locations less prolific? determined and approved by all TOV departments.
Staff will talk to Larry E. to determine if voluntary
agreements or an ordinance outlining locations are
appropriate. Working on wrap-up by November or
December, 1992.
1992
02117 EXTERIOR LIGHTING KRISTAN/ANDY: Draft ordinance. Consultant is doing research on more lighting concerns.
An evening meeting site visit was been scheduled for
12/1192.
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, Larry will request extending the 45 mph truck
JAKE BRAKES/SPEED for the west side of the bike pathNail Pass. Although speed limit past the East Vail interchange. We will
LIMITS ON VAIL PASS CDOT has stepped up efforts to clean and maintain, their try to set up a meeting with affected property owners,
efforts have not been consistent, and this was state patrol, CDOT, etc.
communicated by Pam.
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.
09/08 INTERNATIONAL LARRY G./KRISTAN: Now that the "real" International Meeting has been set for Thursday, 11112192, at 2:00
"FOOT" BRIDGE Bridge is complete, pull out the footbridge. P.M., at the location of the Lancelot Restaurant with
Council, PEC, Cecil DotsonNillage Center, Summers
Lodge, adjacent business owners, owners, etc.
09115 PAUL'S FLAG POLE LARRY G./KRISTAN/CAROLINEIRON: Whatever becam Staff will review former pole placement and
(request: Lapin) of the flag pole that was to be erected outside VRA present recommendation.
offices honoring Paul Johnston?
09/15 LIMITATION OF TERMS LARRY E.: Draft ordinance limiting appointed TOV board Scheduled for work session 11/10/92.
FOR BOARD APPOINTMENTS to 8 consecutive years.
(request: Shearer)
WORK SESSION FOLLOW-UP November 6, 1992
Page 2 of 2
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS
09!22 SPEAK UP MEETINGS PEGIRON/CAROLINEIBRUCE 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.)
10120 REGIONAL RON: Produce letter to County Commissioners; calla Meeting set 11:00 A.M. on 11/23!92 at
TRANSPORTATION special work session including Commissioners, VA, TOA, the Commissioner's Meeting Room.
Minturn, Leadville, etc.
10127 ELEVATOR INSPECTION LARRY E./GARY M./KRISTANJDICK: Tom Steinberg Staff will review.
PROGRAM brought in proposed resolution to adopt legislation
(request: Steinberg} for the elevator inspection program.
10/27 ADA REQUIREMENTSI BOB M./STEVE B.: Check with Chris Ryman of VA Bob Mach has already been involved in meetings with
CHRIS RYMAN for further insights/understanding of the ADA. Chris over the past couple months due to the Disabled
(request: Buckley) Ski Championships in March, 1993. Bob will still speak
directly to Chris re: this specific issue.
11103 SIGNS IN FORD PARK LARRY G./MIKE ROSEIGREG HALL: Where are we as
(request: Steinberg) far as installing directional signs, in conjunction
with VRD requests?
11/03 UNPLATTED LANDS AS KRISTAN/MIKE MOLLICA: Have we followed up with
DONATIONS contacting owners of parcels that may be given to
(request: Steinberg) TOV as gifts - understanding we are still moving
through the LOA process.
11103 PURCHASE OF PITKIN KRISTAN/ANDY/PEGGY: Have we looked into purchasi
CREEK UNITS Pitkin Creek Units for employee housing as they become
(request: Steinberg) available on the market?