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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. 4444444444444444444440 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. 4444444444444444444444 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. 4444444444444444444444 C:VIGENDA.WSE 2 Rtc'Q. II ~6~92 /~~ec ~~tG~'f~.~ 639 ~ .~°.o?r ~.df6?r6 ~ ~ ~G,~G - s~FBi - - L _ ~ II f! ( f ( ? ~ i~c-tom cL''Cty~ _~~~Lrzm~°'~L.Q r I ~ v~,r clJ c(~-... - ~ . , L - r ~ f ~_c~,' h Vlc.sz. ~~;CuS~~ ~+~~zs~..~' _._Y_~i~e.<_rs'~,`x li~.t ~ - ~ - ~i ~ ~ ~ L c~+'.~C-t1 ~~a ~f l ~ sit c _ /t c~ c ~5- l ~ - _ _ V~2, 1 ~ rJ ~'1.~2.. ~ aC.~.- ~ ~ c.~ V ~ ? t 1 C~...Q-- 1-°~ . --ct ~-~t6~•'! L._ f ~ 6'Ta 1 ~ ~G~ ~-~?l ~~J" n 'C? !l ~~?i'r?~.~et ''vl.~ bJCJ5~~~5Sr_-S_ - ~--.5 ~ ~ ~ "~~~wt~~~~.. a~-tip ,N,, E~~~,~~-r ___a~ Y~!~.~~- U ~ ~ ;i ~ ~ ~ - - R 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 - ~ ~ - - ~ ~ - . - - - - - ~ ~ ~ ~ ~ - for Halloween and offerin lod in ' 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 2 4 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. .....:i:i::......•;: :i:41' ii}iY . /f.4 ............'+Ciuui'u".isY...'..'...:ii::v"ii.<:::..v':::::.':'.'.~:i::::::•::•.i:•,::::i:,.~....~.. ...vnv.., n..:..:x.....:.1. n.:.vl <tiii.::....v... :.n:.: .n,.i.Jli:.vf.4...is isk+'Yi...::.v:.,.v.:u:uiisl'ii.:~:f ~•":;:~:ti;~}t nsivtL:3 . 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. 1 i 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 2 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 3 4 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 r 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 pQ~ 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. ~ .y ~ I i, ~ 1 r. 3 ~~.~r ~ I~ ~ ~I, x. i w f t ale . ( ~ a .,4,arj ~ t G:ai' ~t.x,. a tOD t3LIF'Eg'S N _ 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. 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I 2C 21 22 1 22R Ig< 7 Y N ~ ~ 1 ~RS i I / l D {!1 ~•~j .7. 1 + 7i7 ac \75' I1 12Bi ~SZi I^.. 16y q°O y7 fl 33 IS• r ALL(~~Tj a Arvee^ P~-9p ~isCE~~ I 1 ~I' p ~ ~Sj / 166 16d .7 IS \ w 6 ~fGi la?; ~ 1 ~c66i j ~ I st* f7 ~ 2 •I n 'tr' a ! I ~ (I 37 'B ~=/1'T 'o ~nl ~.r. aw 5C ^1 nc rcc 1W96%T /sli/clc j s9a j 7aa ~ ai TRACT a 1 •ea-- .J ' .IT ~G~~~~r- ~G I.6'I' sna \ a~ocF s, v a.l.c u. LLAGE 64h. FIL}fVG ~ ~ ~ l ~I ~I 1`11 6 ill = : i 1 ~ z Sle ° I y ~_vv TNL 10001...-. . 1'y .i: ..6 I 2a i .16 , l06 1 16 ~ ~ l7 :3/ ~ 10 9a ea I 1 • 9T Z l~.IrL I ~ I9d zre ` /z. i9] ibT I N) I Iz) 10] I 6T I I I _vay I ~ -..r-_ ' 1 SUBDIVISION i~ ~ VAIL I.IONSHEAD_ ~ SOP ~c RESUB. LOT C. BLK. 5C s • 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 so ~o ~2 70 vvvvvv~~vvvvv~ ~;~~~~~vvvvvvv~v ,.v...,,...,• . 63 50 vv~v..~ v..: vyvv..v .~;y\~wvvv ~'~...~.....v ~ 40 ~ \~AAA~~AAAA ~ ~ V~~~~` a., 39 \ v~~v' ,A~~\VA~ ~AV ~ ~ ~ AAVA~ ~ v A\~AAv\\y,~~ fAAA' W ~ ~ 30 tivvvv~ ~a . ~ ti::~, A ~y . ~;v~~\vvv~ ~ vv. ,...vv~~ 14 ~v.~ ~~vv~vvvvvv: ..,~vv~vv~~v ~ v;,. 11 ..v,.~,,,,, 1 o C~QVVV~ ~vVv~ vA. A Vv Fp~~vvyv.. . v v.~~Vv \ ~~~~~~~A ~wvvvvVAAVAVvY \ . \ , ~ A\.AA AA v V A\~A\\\\\\\\\\A ~ \VAV v ~ \\~\VA v,,,~ v`; 0 I ~ Q Q Q Q Q Q Q ~ ~ D D ~ ~ O ~ Z O W W ~ ~ ~ ~ ~ H ~ 2 Q ~ ~ ~ u. ' r ~i~y 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?