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HomeMy WebLinkAbout1992-12-01 Support Documentation Town Council Regular Session r- VAIL TOWN COUNCIL REGULAR EVENING MEETING ~ TUESDAY, DECEMBER 1, 1992 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Local Licensing Authority Applicant Appointment. Martha Raecker Action Reauested of Council: Appoint a new member to complete Steve Simonett's term until June, 1993. Backaround Rationale: Interviews were conducted with Donna Meyer and Davey Wilson at the 11 /10/92 work session. 7:40 P. M. 3. Design Review Board Applicant Appointment. Kristan Pritz Action Reauested of Council: Appoint a new member to complete Sherry Dorward's term until February, 1993. Backaround Rationale: Interviews were conducted with Michael K. Arnett, Dan T. Doerge, Eddy Doumas, and Carmen Weiner at the 11 /24/92 work session. 7:45 P.M. 4. Update and discussion of Town of Vail Research regarding GHI Larry Eskwith issues. Backaround Rationale: Council wishes to disclose to the public the information it received from consultants regarding all its options relating to the GHI and Vail Associates, Inc. bankruptcies. 9:45 P.M. 5. Consent Agenda: (a) Approval of Minutes of November 3, 1992, and November 17, 1992, Evening Meeting Minutes. Andy Knudtsen (b) Ordinance No. 27, Series of 1992, second reading, an ordinance amending Section 18.57.020 -Employee Housing Units (EHUs) generally, of the Municipal Code of the Town of Vail, Paragraph 18.57.020(C) and (D) to clarify restrictions on the leasing and sale of Employee Housing Units, and Paragraph 18.57.020(x), Section 18.57.040(6)5, Section 18.57.040(6)9, Section 18.57.060(6)13, and Section 18.57.060(6)6 to clarify the meaning. 9:50 P.M. 6. Ordinance No. 31, Series of 1992, first reading, an ordinance Steve Thompson accepting certain improvements constructed and installed in and for Booth Creek Local Improvement District, determining the total cost thereof, receiving and accepting the assessment roll apportioning the cost thereof to be paid by special assessments among affected parcels within the District, assessing the cost as apportioned therein 1 against each assessable parcel within the District especially benefitted by the improvements, prescribing the method of paying and collecting the assessments, describing the lien securing payment thereof, making necessary findings with respect to the satisfaction of all conditions and requirements relating to the foregoing, and limiting actions challenging the proceedings. Action Reauested of Council: Approve/deny/modify Ordinance No. 31, Series of 1992, on first reading. Backaround Rationale: This ordinance assesses the property owners for the improvements within the Booth Creek Local Improvement District. The assessment is due 1/18/93 in full, or may be paid in ten (10) equal installments including interest at 9.5°I°. 10:05 P.M. 7. Review of Town of Vail Third Quarter Financial Report and Proposed Steve Thompson Supplemental Appropriations. Action Reauested of Council: Discuss and approve/deny/modify supplemental appropriations. Backaround Rationale: Staff provides a quarterly financial report to Council. Please review the enclosed memo from Steve Thompson dated 11/24/92, to Ron Phillips and Town Council. Staff Recommendation: Approve supplemental appropriations. 10:20 P.M. 8. Ordinance No. 32, Series of 1992, first reading, an ordinance making Steve Thompson supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, Vail Marketing Fund, The Real Estate Transfer Tax Fund, Police Confiscation Fund, LionsHead Mall Project Fund, Conservation Trust Fund, LionsHead Ma11 Debt Service Fund; Booth Creek Debt Service and Construction Fund, Heavy Equipment Fund, Town of Vail Debt Service Fund, West Vail Debt Service Fund, and Police Building Construction Fund of the 1992 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; establishing a reserve fund balance of $5,740,000; creating an emergency reserve of $550,000; and setting forth details in regard thereto. Action Reauested of Council: Approve/deny/modify Ordinance No. 32, Series of 1992, on first reading. Staff Recommendation: Approve Ordinance No. 32, Series of 1992, on first reading. 10:40 P.M. 9. Resolution No. 18, Series of 1992, a resolution authorizing Shelly Shanley employees of the Town of Vail to purchase, sell, resell, to or from Gill & Associates; and setting forth details in regard thereto. Action Reauested of Council: Approve/deny/modify Resolution No. 18, Series of 1992. Backaround Rationale: Every year staff reviews available brokers and makes recommendations according to current needs. Staff Recommendation: Approve Resolution No. 18, Series of 1992. 2 . , 10:41 P.M. 10. Resolution No. 19, Series of i 992, a resolution authorizing Shelly Shanley employees of the Town of Vail to purchase, sell, resell, to or from RAF Financial Corporation; and setting forth details in regard thereto. Action Reauested of Council: Approve/deny/modify Resolution No. 19, Series of 1992. Backaround Rationale: Every year staff reviews available brokers and makes recommendations according to current needs. Staff Recommendation: Approve Resolution No. 19, Series of i 992. 10:42 P.M. 11. Resolution No. 20, Series of 1992, a resolution authorizing Shelly Shanley employees of the Town of Vail to purchase, sell, resell, to or from Stifel, Nicolaus & Co., Inc.; and setting forth details in regard thereto. Action Reauested of Council: Approve/deny/modify Resolution No. 20, Series of 1992. Backaround Rationale: Every year staff reviews available brokers and makes recommendations according to current needs. Staff Recommendation: Approve Resolution No. 20, Series of 1992. 10:43 P.M. 12. Resolution No. 21, Series of 1992, a resolution authorizing Shelly Shanley certain Town employees and officers to sign checks drawing on a health insurance debit account to be opened by the Town at the FirstBank of Vail, and further authorizing certain employees of the Town to make deposits in said account. Action Requested of Council: Approve/deny/modify Resolution No. 21, Series of 1992. Backaround Rationale: TOV needs to open a debit account for the new Fortis health insurance plan starting 12/1/92. Staff Recommendation: Approve Resolution No. 21 Series of 1992. 10:44 P.M. 13. Review of a request for a sign variance for The Antlers Tim Devlin Condominiums, 680 W. Lionshead Place, Lot 3, Block 1, Vail LionsHead 3rd Filing. Applicant: Rob LeVinelThe Antlers Condominiums. Action Reauested of Council: Visit the site personally prior to this meeting in preparation for discussion regarding a sign variance request. Please review the enclosed staff memo dated 11/4/92, and determine if the request should be approved. Backaround Rationale: On 11/4/92, the DRB voted unanimously, 4-0, to recommend approval of a sign variance request for The Antlers Condominiums. The variance request is for total sign area and height of signs allowed. Staff Recommendation: Staff recommends approval of the request. 3 10:59 P.M. 14. An appeal of a Design Review Board (DRB) decision denying the Andy Knudtsen request for a color change for the residence located at 1628 Vail Valley Drive, Lot 1, Warren Pulis Subdivision. Appellant: J.P. Molyneux. Action Reauested of Council: Visit the site personally prior to this meeting in preparation for discussion of this appeal. Uphold/overturn/modify the DRB decision. Background Rationale: On 10/7/92, the DRB voted 3-i to deny a color change request, citing code sections 18.54.050Ai, 18.54.05003, and 18.54.030. Please review enclosed memo for more information. 11:44 P.M. 15. Adjournment. THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 12/8/92, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 12/15/92, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 12/15/92, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. THERE WILL BE A SPECIAL TOWN COUNCIL EVENING MEETING ON TUESDAY, 12/22/92, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. AGENDA: PRESENTATION OF THE CHUCK ANDERSON YOUTH AWARDS. THERE WILL BE NO VAIL TOWN COUNCIL WORK SESSIONS OR EVENING MEETINGS ON 12/22/92 OR 12/29/92. C:WGENDA.TCE 4 SENT BY ~ EAGLE COUNTY ; 1;-25-92 ' 4 ~ 7 ; 8088287207--~ 3034792157; # / 2 NOVOniber n EAGLE C4lINTY R(BLDINIG ~ • ~ • 551 BROADWAY OFpCE pF THE P.D, 8DX 650 Bar~ro of cx?nenl+is~or~s ~ N + EJIGLE, co~aRnoo 8 rsa ~ (303) 318.8805 I - ~ .FAX: ~30~) 328.71L17 EAG~.E C~UN1Y, C,C~LORADO . AGENDA BOARO'OF COUrNTY COMMISS~CJNERS-...._ . ' Imo:. I.i•:,~~ RECUL,AR MEE.TiNO IaAX MON1~A~, N(?VEMB~R. 30, 1'.42 ~ ~ ~k ~ ~k ~k >fa Xa ~ * ~ * ~k ek :k * ~ ~k;~~~4s~s.~ieJ'=Sla ~it._~~~k~;`ok:; plc ~k' ~k * 8< # ~k * ~k ~k ~k ale ~a ~k ~Ie OS:4J ,t' . e. i : ; ~ 0:50 Cf1NSFd1TT AR r , I : I sac~vaunrn?xo~ )~1 r.l. ~ ~ ~ : ~ tl~~;:;~~r ITSAdS pFdlef)UITNBA1Vb 1WON'C70N11e0~9fdL Nrlive~rs:~PLI GZ~ ONTA& C7Ol1~EM' GIIP~AR It7 A~id7W Its' 601(1Q,D OF [XiUN7Y (,~MMlSSl011~75 710 SFEM1 17S TIJ~ d12frA l~i1~A+!'Y: l.MV JIDRE:.IalrtmulM IlSAIS ON d ~N~'Ci78Y d(?Bl1~d. dNY c~aus~o~~udr~r~srzadrdNr~ as ~r¢i~~i~ieoa~,~`c~ovrca~~rc.u~r ~o~~u sepax~a~r A1Vr JITEM6SR OF TliB Pi/BlliC M.lY "RL?QUFS7" dNPI7~M BB''t1p~1InVEb' ~Q11/ 77>l~' C10N~NFAfs'Htl~d. 1. CONS'.ErAC~'~:B~~-~4,~~~A',EAGLE.~ •CUUNTY, $TAT,~ OF COLORADO AND CRA5H RESCUE EQUII'MENT • SERVICE, INC, P~DR OIVE AIRCRAFT' RI~SCUE .r,.n,n; F[GHTING.a, .(ARAp'} ..~~u~:CLE IN Yom, AMO'tTNT OF '~,SSti,llU +R MONTH Danny Reynolds, ~ ~ Manager A~YiI)N: Consider approval. z. CONTRAC!' ~ETWEF.~1' EA~i.L' COiTN't'Y, STATE OF COLORA~Q :AND AVIA~'ION SYSTFdVIS MAIIti ~,~.xiANCE, ~eINC. F'OR~ ~iTAL ~MAIh ~r.~+TANCE 4F NAVIGATIONAL AIDS COOL IN • ~.~,c~ AMOUNT (1F 52,24S.Ii0 PEYt MO1W>ru ~ .:f..f, , ACTION: Uanny~Aeynakls, Airport Manager' ~ . Consider a~. ~I ~I W ~ .gal. ~ . - ~ . I _ ' r -I. SENT BY~EAGLE COUNTY ;11-25-92 1417'; 3033287207-~ 3034792157;# 21 2 a M Vii. i~~r II , N 3. ~'I'AB Z~-32$1-LYGN TRUCKS STORAGE YARD 'd Fax, mar Plnnner, Community Developmeant ACTION: 'Y'o tab the oboe from December 15, 1992 Boa4~t of County ' Commissioners Meeting to Y~:...;,y..ber• 14, 1992 Beam of County Commissioners Meeting 4. STA~~~IT OF GRANT AWARD FOR EAGLE COUNTY YiC77]VI'S AiSSISTAN'CE irlttJGRAM ' , Sinn Andree, Community AfFairs Officer ' ACTi41V: COnsid aPPrava]. ~ ' i~ 05:58 -09:00 A. OLUTIUN APPOIl~ a Yr IG FEIIIr ~,e,v~.+IAN, M.D., AS a~crE covmrxooar EAGLE COUNTY PUBLIC HEALTH OFFICER • Jack D. Lewis, Asst. County Maaager .ACTION: Cansider_,approval.:..:._:_.. _w.a,,. ...:.....:..,:_~._..LL _ I l1, ; 1 ~ aien.,,^~si';::~~~f '4~ i.)~r,r~:i'f i.i._:' - a e B. RESOLE ~ ~~rY4 AL ~~ORIZING FIiLL RELEASE OF CCILIGA, unAl.. FU11` CASTLE y ax. ~ SUBDIVISION Phi11 Scott, Engineer ACTION: Consider approval. ~ ie C. RT~.Sp UTI~N ~ ~yACATllvG k,~.TAIPd --~FORTIQNS OF COIA DSO -RIVER, .ROAD' {COUNTY :ROAD 3Q1), ;:AND AUTH Itr~iG-'TEY~ ~CHA~MAI~T T4 SiGN RELAx.rJ ~~a~aY CL~IM: DEEDS fi0 . ADJACENT PRO~'~TY OWNERS. FIt.E NLm~F~.t G-6~-9i . , ' lratiy,,Mette~rnick, County Fngineer.` , ..s. A~.. ~~ON: Consider ~appro~ ?al. is . ~ ~ . _ , ' D. APPLICATION FO?R COIARADO Di ~,~rUN FOR ..AERONAUTICS STATE FII~TANCIAL ASSISTANCE GRANT FOR CONTROL TdW r.~t , , , . , ~ ~ - . , ~]anny, lieynolds Air~iort Meiiiager ~ ' AC YYUN: Con er •apprgval.. y . ~ + . ' ` 09:00 ~ 10:30 ~ BYJDGET HEAKiNG ,v3'gf i1ro Ro~,Y cs¢oss Rooar - " .,v... , . 10-30 ~ , I. ~ ' Y - I1:00 WO SESSION : WEEHLY UPDATE arr uarx caros~• xo~ar Y ~+1D G CI'~`IGATION r..i ~ ~ ' ` ~ames R. Fritze ,County Manager 'n,.,Iandahl, County Attorney THH M~XT 11„m, ~,iG dF THH &AGLS UNTY~iG15MMiS3tbN8RS Wil,x. B'~ ~I~ GN D~hd~R p7, 1492- ` , . TH13 Akss~sa~A 1S PROVID$p POR IAIFORMA AL PIJRPCkYB4 ONI:Y - ALL•TA~3 ARS APPROX~ATB. Tina SOARD VNSI[8 IN SEt;SION MAY CON$lD~! OTH~ il'~8 T AR6 SROUC7H7' ~s,,S Ir. ' . Vii' _ ' SENT BY:EAGLE COUNTY ;11-25-92 ; 14:28 3033287207-+ ! 8034792157;# 1/ 2 ~ ,II - i ~ November 25, 1992 12:34 , . EAGLE COIMiY [IIDL~lA1G ~ ~ ~ ' ~:55'II ~ ADWAY OFHCE pF TI1E ` ' ~ ~ ~ ~ ~ P.O, X 850 Ba1Rb OF QOJVIMISSIOA¢~S ~ ' . ~ EAGLE, COLS O(J B 1631 (303) 378~86~5 I' - 1( FAX: ~3D~ 3]9J2~7 EAGLE CC7UNIY, C~?LORAD4 . A ~ ENDA , BARD aF COO' - C MMISS~aIV~KS~~ . i3•„ f i.,,7j i ~ REGULAR :1VI~ET~ENG DAX . MONDAX, NgVEMB~R 30, 1992 • • . f . ~k ~K ~k ~ ~ ale ~ eja ale ale ~ ~k aK # * ~ * ~k'"''3fi "ok ~ je' ~e ak ~t ~e ~e ~t ok ~k sk ~ ~k ~k sk Flo ~N ~ , i i,,l il~' ;'r/rig. a8:4s - Q8:50 CANS ~ :~c~ BdQE C1011MYROO,M ~ ~ ~ ~ , 1'Y&AfS vF.i le!?ilIll+~dND NIDM-QONlR4VERsfdL Nd PlrlCli~ QN?R~ ODNSFM CdL811mAR It7 A/ZVW ]7i8 BV,ARa OP [x~UN'!Y GIDNMS.SIO~RS 717 SPB1~ 17S'Ta(Lrd1~ Y QNJ/ORB11bPt)'RLlMl7S1(3ONA ~E11R37HYd!~sl1QM. dM' c~oatarls~vn~a'erx~r~sr~r.uvrrr~tBB• ~ sz~~c+nivrc.~.l~cvnr~~s~.1x~rF~r. elvf ~as~raart vF ~ arc nrar •~c+ssr esr~ ' ~nv~" FROIvr 7718' L~OM4~N1'A~w.u ~u,.d. . 1. 1'~ GONTRAIC-~':;: ~-Y-,~ ~~::EA~LE ~ C4UNTY, STATE OF CUTARADa AND CRASH RESCUE E[~E]IP1ViENT SEn w xCE, INC, F~OIt aNE AIRCRAFT RI~SCUE ,~.n~; FraHTIlVC~,, `~11CLG tK r~ AMavNT a~ S~,S~a.aa PER. MONTH Oanrty Reynplds, Airport Managex i A~.Y taN: Consyipder at t iai. _ 2. CONTRACT ~ BETW~ra+1 EAIxLE C.~w,+1TY, STATE aP CQLORAI AND AYIA~1'iaN SYSTEMS MAIlti Y ~ DANCE, y~i ;,,INC. FORr,.I ~1AL ~V(~4?I1r1~rd+TA1'1CE OF' NAVIGATIONAL AIDS CON~OI: IN_...~~ ~ ~A1VIO~JNT ~F $2,Z45.00 PF1t 14ION7'IIannt e'i~olds ,rt ~ . e~c ` " " ~i y y , ~ ~ j A...i,aN: Consider ~r~: ~ra1. ~ , . ~ 1 E, rt, : ~ . f ~ ~ it ~ .~III'.1. 1~1~~?. ~ a. , f .il, i.. ~ 11 7tt SENT BY ~ EAGLE COUNTY ;11-25-92 ; 14 28 , 30332B72D7-~ i 3034792157; # 2/ 2 ,r, , ~ . 3. 'Y'ABLE ZS-32$-91-LYON UCK6 STORAGE YARD ~ Sid:Fox; Senior Plans , Cammullity I]svelctpment ACTION: , To table the above Pram ~ mbar 15, 199 Board f f ~wnty ~ ~.iO1IIIIlLS&1Qi1P~fS I~ieeting tv ~ .~:,....L:,a 1~F, 1992 Board C:onnty Cnmmscal ~yj~~~ 4. STA OF GRANT AWARD FOR EAGLE COUNTY VICTIM'S ASSISTANCE riItOGRAM Sir1~ Andrea, Community Affairs Officer AC'I`IONs Cansidel~ approval, ~ ' ~ I~. Aso -09:00 A. RTiso aN APPOIl~ . Y? iG I~ FR,ara.r+~IAN, ~[.n., AS ~cra cocnvrr~aoa~r EAGLE C i]NTY PUBLICijHEAGTH OFFICER ' !ac D. Lewis, Asst. i unty Manager ACTION: .Gonsuler_approva] . , : B. RESOLE r i~11 AL ~r,ORIZING FULL BELFAST OF COLLA ~ r;,cAL ~'Oli; CASTLE y ~ SUBDI~~iuN Phill Scott, Engineer ACTION: Consider ~?al. a. C. Itr~50Li]T~(JN ~ ~ VACAZ'II~TG k.r~.TAIAT ~ ~FURTIQN5 OF [!QLORAi~ °RIVER.,ROAD (CQUNT~' ROAD= 3p1),~„AND ~?urHa~rz~t~ , '1'H~ ,,CHAIRM~IY TQ~ -SiG_N:: RELA,~ 1;~uu~ CL~M~ , . DEEDS ~ TO ~ ADJA~ENT PROPER~'Y OWNERS. FILE NLTMBEB G-~i8-91 .wMHtt81'n1ck, County Fn,gtneer: - ACTION: Consider gal - _ - - . _ , , D. AFPl.ICA UN F(3R ' -COLORADO DIVISION FOR AERONA ~ ~ CS STATE FINANCIAL ASSISTANCE GRANT FOR CONTROL TOWER , , nanny iteynoidsFAirport Manages' :.ji,. , AC~~~N: Consider ayr~.~~,vai. . ~ - j' • . 09:00 - 10:30 ~ SrJDGE"I' HEARING . MTgf7he HOLYCRUS9 RPPM - - . f - • , . 10:30 - u:0a wOxx sFSSoN = vvLY UPDATE _ . arr ojrJ,a uutY ass ttool~ ,i PENDING L`ITIGATIOlY ' ' ~ ~ James R. Fritze ,County Manager Kevig Lindahl, County AtCorney , . . a,::; ~ . I , THH NQXT Mm,,,~G OP THS 8AG[& COUTT7'1' COM~I1SS~bNSR3 Wll.~. B~ ~I~il.D ON ....m..:rsME~R 07, 1492. TfHS A10ENDA 13 PRdVIDI3D P~DR INFORMATIOPiAL PURE UM.Y - ALL TA~F3 ABB APPRCtXQ41AT1;. THH BUARI? WHIIB llY SESSION MAY CONBID)~i UTHEa [1'®419 THAT ARE aRQUCiHT , , ~ ~ r ~ e.6 - ~ . . . - ' a~. ; ~ . , ' . , 'J BALLOT PLEASE MARK YOUR VOTE FOR ONE OF THE FOLLOWING TWO CANDIDATES FOR THE LOCAL LICENSING AUTHORITY. ? DONNA MEYER ? DAVEY WILSON BALLOT PLEASE MARK YOUR VOTE FOR ONE OF THE FOLLOWING TWO CANDIDATES FOR THE LOCAL LICENSING AUTHORITY. ? DONNA MEYER ? DAVEY WILSON BALLOT PLEASE MARK YOUR VOTE FOR ONE OF THE FOLLOWING TWO CANDIDATES FOR THE LOCAL LICENSING AUTHORITY. o DONNA MEYER ? DAVEY WILSON BALLOT PLEASE MARK YOUR VOTE FOR ONE OF THE FOLLOWING TWO CANDIDATES FOR THE LOCAL LICENSING AUTHORITY. ? DONNA MEYER ? DAVEY WILSON Ru'c~. li-6.92 i r ~ ~G~` y . 3 ~ • - ~G~o-51~8/ i / ~L ? ~ 'i 4~. ~ lam/ ~2 r~~ ~ / ~.V { ~ ~ c ~,~'~L'~ , fl...~ - LL ~ ~ ~ c1 . v~ c~'12~vt.~'~La %5~ T ~ 4. v~ -'fir. - - _ _ c j ` ' ~t/~ L ~ ~ . S5_~t,' ~~~C-s~- ~~'l C U S~t~ ~ ~ ~ ZSt~~ _ i/Ul,e% j ~l ~~71 f~.~ brd%L, - - _ ~ L( ~~"1~ VB~~ ` ~4~c~ c- _ . ~r ~~t~, _ _ ~L'I.~~ ~-e,rr fit, ~ - - (r r , ;t ,,Q~e2+J ~ t~~Z~ ?t~-t~,~ .--f=nc/ UcY ~i~V l~ ~ , i LL L ~ ) ~ ~CC:.e.~`t~,~ ~ 'C.? -C ~r ~l ~-t~ Lin ` ,~rt ~ I~JUS i6'7 ~5 Sr. S-- - Lc~~ ~U ~ W c~~r it ~ C~ 1 ~ ~-2, ~ ~I" ~ ~ ~57.ti1 ~v ~ ~ z w ~ lh. t o'1 :S "~r c'~S ~1.F/~'L v u ~~6~~~ l ~ _ I LAC" ~~is~~ BALLOT PLEASE MARK YOUR VOTE FOR ONE OF THE FOLLOWING FOUR CANDIDATES FOR THE DESIGN REVIEW BOARD. ? MICHAEL K. ARNETT ? DAN T. DOERGE ? EDDY DOUMAS ? CARMEN WEINER BALLOT PLEASE MARK YOUR VOTE FOR ONE OF THE FOLLOWING FOUR CANDIDATES FOR THE DESIGN REVIEW BOARD. ? MICHAEL K. ARNETT ? DAN T. DOERGE ? EDDY DOUMAS ? CARMEN WEINER BALLOT PLEASE MARK YOUR VOTE FOR ONE OF THE FOLLOWING FOUR CANDIDATES ` FOR THE DESIGN REVIEW BOARD. ? MICHAEL K. ARNt t t ? DAN T. DOERGE ? EDDY DOUMAS ? CARMEN WEINER ~ly ~ ~~/~/Z . ~ ~~~:sf~ ~~'~v ~ ~ ~ ~ ' ~iov~~" ~ca~~,1 ~~I ~h-care ?P._ ~ - : ~tijo 1 h Vim- / ~ ~i~?P.~ / ~er~ _ p p~i : Lo `.i` r ~ d ~ r~ ' ~ REC'D NOV 1 31992 November 12, 1992 Kristen Pritz, Director Office of Community Development Town of Vail Vail, Colorado 81657 Dear Kristen: I appreciate the information you provided me regarding The Design Review Board of the Town of Vail. If the Town is looking for a person to fill an opening I respectfully offer myself as a candidate for the Board. I have lived and worked in Vail for almost three years. This time has enabled me to become active in the construction financing of many projects in the Valley as Vice President and Senior Loan Officer of Vail National Bank. Although my expertise lies in the financial end of the building process, I find the planning and design criteria very important to the welfare of the community. I do not have direct building experience. However, I am genuinely concerned for the welfare of the residents, small business people, visitors, and for this community overall, as is the organization I work for. I have taken the last two years to learn as much about Vail as possible and concentrated on providing financing for those who have long lived here and always dreamed of building and owning their own home. Being active with proper community development is becoming an integral part of my job and personal desire. I feel that my interaction with different people and the fact that I am involved in business and a new homeowner, may make my contribution to the Board worthwhile. This involvement would also provide me an opportunity to return something to the town for the enjoyment given me. I hope to be considered for this opportunity on the Design Review ` Boa d S' er ly, ~ I Dan T. Doerge b' A q~n-1~1 September 14, 1992 Ms. Kristan Pirtz 75 S. Frontage Vail, CO 81657 Deaz Ms. Pirtz, I would like to take this opportunity to introduce myself and express my interest in a seat on the Design Review Board. I have a strong personal commitment to the Vail Valley. As a homeowner and resident for nearly six years, I am very interested in the communitys' continued controlled growth and would like to make a contnbution. I own two duplexes in West Vail and I have remodeled both houses,currently Irent out 3 of the 4 units and live in the fourth. I feel that my knowledge of the Vail community combined with over ixve years experience in the design profession, and an academic background in studio art and art = _ history make me a strong candidate for the board. I am a senior designer at Slifer Designs and have been involved in a wide variety of private residences, developments, and commercial projects. I would welcome the opportunity to meet with you and discuss my quali5cations further. Thank you for your consideration. Sincerely, h d ~ / f ~ "D b~ Eddy Doumas ~b~ _ ~t ` ED/dr ~~ti~ q`~ y', "ti r- 1 ~ 199,E September 16, 1992 Kristan Pritz, Director Community Development Town of Vai 1 75 S. Frontage Road Vail, CO 81657 Re: Design Review Board Dear Ms. Pritz: I am interested in the available opening position on the Design Review Board. I do have time available. My background is a B.A. degree from University of Michigan and a former business of store design, and I am currently completing the Masters of Architecture 3 1/2 year program at the University of Colorado, Denver Center. I have owned a place in Vail for the last 12 years. Sincerely, Carmen Weiner ~C ~o ~ ~ ~q c~. , ~ v t e w w ORDINANCE NO. 27 SERIES 1992 AN ORDINANCE AMENDING SECTION 18.57.020 -EMPLOYEE HOUSING UNITS (EHUS) GENERALLY, OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, PARAGRAPH 18.57.020 (C) and (D) TO CLARIFY RESTRICTIONS ON THE LEASING AND SALE OF EMPLOYEE HOUSING UNITS, AND PARAGRAPH 18.57.020 (K), SECTION 18.57.040 (B) 5, SECTION 18.57.040 B 9, SECTION 18.57.060 B 13, AND SECTION 18.57.060 B 6 TO CLARIFY THE MEANING. BE IT ORDAINED by the Town Council of the Town of Vail, Colorado: 1. Section 18.57.020 - Paraaragh C is hereby amended to read as follows: C. All types of EHUs may be leased, but only to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. ~-tlie a ::.a-~# T,~ ~ she: ~"•8-~+~ f~}S~ E:rsE I`. % a£rF':ar}SR: Fes""a•,•••••, ^.,a sFi tl"r~ E".u;::~:::: ;;;a ~i`i'r~;~~36 ~ #t{I fiF~}e emrl .For the purposes of this Section, a fuii-time employee is one who works an average of a minimum of thirty (30) hours each week. ;..:.:race. . ,::.::..:1:'::::from . . ,o . > trans . rr . a . A>'f':>,:;~:eI`EWE~ma;'::>:: e. s.......:~ ..............................x....:.....:.............:...:..::::..:.:::::::::::::::.Y.::::::::::::::.:::::..: Sari I.e:=Farm °~:'r~r:Two~i•~amit dv+r0ll.in ~t..m, .a be a art oi' so Ian as l meets tMp :~~r~d~;.,onsse.,. o~..1z=iriSec~~or<?1:8~'~`t~4: ~:8`5>'of>k~i~<i~:...:„tr?r to ~ AT e If EHU: shall`na#.be ~o~#ransferred, c~~`~rve ed se rattly;;from ,eSn~le~F~mily:ar;Two;=Far~~ly dweiltng ~t is iacated wit~ht~ ar attache .....oK ll EHU;I<'na ce>sold`transferred or:cort~:"~.ds0 :rat~l` :#rorr~ ~~er: ::::::::.Y~ dwelltn ::>~n,ts.c~:r..e . Cc tee housln :units. that ma . be la~ated on clue same Jpt;or;;w~tfh'i~;,ts;::dame ;:::::::::::::.g Y..:::::::.>:::.::.:::::.::.::::~:::::::::::::::::::::::::::::::.: ~ .Y....::::::::::::::::::::::::.:.::..::::::::::..:.: ~ . bt~iidin fn why:>#he<;F . e:;::f:ll;;E:HI~;::;is located so ton :..as„ it meets.:::::~:.::co:::.::::::::~:<.:..:i?..:;.:.;:.:;:>:,:.:>::::.. S`o`cti~o`n x:05;r<ua~' B '~<1~~f<~ls>~f~..:.:~~r ".<f : ~°,~::.lie sold tansfe~re~i ~oir~`ccfnv~e ed a rate... ~ :arrt f::..~ :::.~.~::Yp :o ::>:e . a :ee;::hcusio~ `'of~itsttiat::ma : be,:>I~cated::>~n::...:. esame;.o."~r<w...:.: r#::..:. otfier:dwell~r? rar~~ts::.: r...:rrt :..............:...:.:::::.::.~.::.::.~::::::::::::::::::::.::::.Y.:::.:....:................:..............:.......::::.:.::::::.:::::::::::::::::::.~;::::::::::::::::. ~:.:::::::::.:::::::::::::.::::I~.:: Y.::.:.::..::::.......:.......:.................................................................................... sa `e<t~ulidir~~ `>i:w:h~ch::tha.:<T: ::fV>:~KUisto'cated' ~ :I~ ~.1 HU;shall:not be sold tra~~fer~ec#;~r~`cor~~e`~~~`se`: Grate fr~rn 'ed;:toy ,::,:.i.::.,.., I:''::rtvire l r::.ft.:..;e:'be`<to'cated..w th ng:I~,;Fame:Y.> :.:::::..:.::a.:.:g.;;::::~!:::~:::::::::::::::::::::.::.~ 2. Section 18.57.020 - Paragraph D is hereby amended to read as follows: D. ~#~e-e~ceept~iea-a€ T~ t w.d ~pE III ~ , t: a:: ;.~:~ely~-#er.~: ~::y singiE #G:-i~i~dtin+e-er-#rn~a #a~:iiy-dweN+~~¢a::-:el#i-#e, ~weii+~ it :~sy ra:: If~aa ~I-id-i~ p i:: ~ ~w age it shaA-~ta# ~a-said-sepaFateyr-#~a- Nre+l+~-efa+t or ::a+ts-leeated-e:: #:$-eite~Ne~ d I~:~eer~rd 3. Section 18.57.020 - Paraara~h K is hereby amended to read as follows: K. Each EHU shall have its own entrance} ~d s`:~II -:ate-eear~eeted i:: a::y +~Y~ ) There< shaft be .tie tntor.aess_;~rr~r~€ any..HU,;;#t~.;;any ~delifn~ ~~`ur~.it><m ~:)~e>a~tact:ed'(o' Y..~::::::::::::;::::.~:.:~::::::::::::::: 4. Section 18.57.04065 is hereby amended to read as follows: (5) A Type I EHU may be rented in compliance with Section 18.57.020 or it may be sold, transferred, or conveyed separately from any Single-Family, orTwo-Family dwelling it may be a part of aF'.# Seeated i:: a garwg~, ~~-a# tk:s-eti~?e~-~~a:: t`:a-let-eFSite-so long as it meets the following conditions: (a) It must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. (b) If a Type I EHU is sold, transferred, or conveyed separately from the other unit in aTwo-Family dwelling it is a part of, then both the Type I EHU and the unit to which it is attached shall be subject to all the provisions set forth in Section 18.57.020 F,G,H and K of this ordinance. 5. Section 18.57.040 B 9 is hereby amended to read as follows: .(9) Thirty days prior to the transfer of a deed for a Type I EHU, the pc~spps'~spe~ve purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.040 B 5 (a) and shall include an affidavit affirming that he or she meets these criteria. 2 x-.. . 6. Section 18.57.060 B 13 is hereby amended to read as follows: (13) Thirty days prior to the transfer of a deed for a Type I EHU, the eettrre- ~ i~'s~ ++~.a ~ Vie.»>;Cve purchaser shall submit an application to the Community Deve opment Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.Ofi0 B 11 (a) and shall include an affidavit affirming that he or she meets these criteria. 7. Section 18.57.060 B 6 is hereby amended to read as follows: 6 It shall have no more than ~ bedrooms. 8. 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, 9. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 10. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vaii 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 express{y stated herein. 3 11. 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 1N 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 by this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: _ Martha S. Raecker, Town Clerk andy~ mechinaC:Vwuahg4eviaion 4 SECTION 18.57.020(A} -EMPLOYEE HOUSING UNITS (EHU) GENERALLY Max. No. Max. No. Zoning Lot Size Density Approv- of Bed- of Resi- Kitchen Parking Code EHU Districts Which Require- Calcula- GRFA Ownership Ing rooms dents Facill- Requlre- Section. Type Allow EHU's ments lions Restrictions 250 Potential Authority Allowed Allowed ties ments Credits 18.57.040 Type I PIS Two Family Less than 1.0 40°1° of Yes Yes, both DRB NIA NIA Full 50% 425 sq. ft. 15,000 allowable units get enclosed`; GRFA restricted 1-2 spaces 18.57.050 Type II Agricultural) Minimum 0.0 300-900 sq. ft. Yes No PEC 2 2 adults Full 1 space/ One Open Space of 15,000 2 children bedroom` garage Single Family sp. of 300 sq. ft. PIS Two Family 18.57.060 Type III RCILDMPI N/A 0.5 450-900 sq. ft. No Yes PEC 3~ f>' Full 1 space) Multifamily MDMFIHDMF/ ~ bedroom` Credits " PAICCIICCIII CSCIABD/PI PU/SBR _ 18.57.070 Type lV RCILDMPI NIA 0.333 200-300 sq. ft. No No PEC NIA 1 Kitchen- 1 space Multifamily MDMFIHDMFI ette Credits PAICCIICCIII CSCIABDIPI PU/SBR 18.57.080 Type V Hillside 21,780 1.0 0-1,200 sq. ft. Yes No DRB NIA NIA Full 1-2 425 sq. ft. Residential spaces` 50% enclosed -Please see text for specific requirements. ~lendylmemos~chenat 2B2 u ~ 1 MINUTES VAIL TOWN COUNCIL MEETING NOVEMBER 3, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 3,1992, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:45 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Bob Buckley Jim Gibson Rob Levine Tom Steinberg MEMBERS ABSENT: Jim Shearer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager The first item on the agenda was Citizen Participation. Joe Macy, Vail Associates, Inc. announced, due to the early snowfall, Chair 8 on the Born Free run would be opened to skiers on Friday, November 6, 1992. Second on the agenda was a Consent Agenda consisting of one item: Approval of the minutes of the October 6, 1992, and October 20, 1992 evening meetings. Merv Lapin moved to approve the Consent Agenda, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No. 29, Series of 1992, second reading, annual a~,r~.,yriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1993, through December 31, 1993, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1992 tax year and payable in the 1993 fiscal year. Mayor Osterfoss read the title in full. Steve Thompson noted the only change since first reading of this ordinance was that $10,000 for the tree planting program had been moved from the RETT Fund into the General Fund. He advised, as required by law, this budget was balanced. Merv Lapin moved to approve Ordinance No. 29, Series of 1992, on second reading, with a second from Tom Steinberg. Before a vote was taken, Merv suggested staff re-think the planned addition of staff to administer a TOV safety program designed to lower TOV workman's compensation insurance rates. A vote was then taken and the motion passed unanimously, 6-0. Item No. 4 was Ordinance No. 27, Series of 1992, first reading, an ordinance amending Section 18.57.020 -Employee Housing Units (EHUs) generally, of the Municipal Code of the Town of Vail, Paragraph 18.57.020 (C} and (D) to clarify restrictions on the leasing and sale of Employee Housing Units, and Paragraph 18.57.020 (K), Section 18.57.040 (B) 5, Section 18.57.040 (B) 9, Section 18.57.060 (B) 13, Section 18.57.050 (B) 7 to clarify the meaning. Mayor Osterfoss read the title in full. Andy Knudtsen noted staff felt some of the language used in the recently adopted Employee Housing Ordinance (Ordinance No. 9, Series of 1992) could be imt,~vved for clarification. He discussed five points of clarification in Ordinance No. 27, Series of 1992, as further detailed in the Community Development Department's memo to Town Council dated November 3, 1992. The proposed changes clarified ,,,w..ership potential for each type of EHU, interior access requirements for EHUs which were connected to part of another dwelling unit or structure, details related to conversion and sale of EHUs located in garages, a language correction of the work "perspective" to "prospective" throughout Ordinance No. 9, Series of 1992, and a reduction of the age limit of children in Type II EHUs from 16 to 5. After brief discussion, Rob Levine moved to approve Ordinance No. 27, Series of 1992, on first reading with the Type II EHU child age limit left at 16, and a change in the maximum number of bedrooms in Type III EHUs changes from 3 to 2 with a maximum number of 4 residents allowed instead of 6. Merv Lapin seconded the motion. It was noted 1 r J second reading of this ordinance would be on December 1, 1992. A vote was taken and the motion gassed unanimously, 6-0. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 8:10 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, T„~u Clerk Minutes taken by Dorianne S. Deto G:IMINSNOV3.92 2 MINUTES VAIL TOWN COUNCIL MEETING NOVEMBER 17, 1992 6:00 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 17,1992, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 6:00 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob Levine Bob Buckley TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, T., ~t u Attorney Pam Brandmeyer, Assistant to the Town Manager Martha Raecker, T~ W u Clerk The first item on the agenda was Citizen Participation. Rick Sackbauer spoke about an unpleasant parking and traffic situation he had encountered over the past weekend. He was concerned guests in T., ~ u would experience confusion with parking and traffic directions, and hoped arrangements for clarifying this situation were underway. Item No. 2 on the agenda was an information sharing and public input session regarding the proposed Police Department (P.D.) building expansion. Ken Hughey posted and explained the P.D. Mission Statement. He advised the- P.D. changes from 1975 to 1992 had been dramatic, and discussed current program space needs as components. He said the P.D. building expansion was a need at this time, not a luxury. He noted a room by room space by space review of the current P.D. had been done, and proposed solutions had been examined. Jeff Layman discussed a number of factors impacting TOV P.D. service demands, and presented a brief historical perspective of percent changes in total reported crimes/arrests/case reports/police dispatch incidents of 1987 v. 1991: There was mention of police services shared by communities in the County. Patrolmen Mike Warren (from Dallas) and Jim Applegate (from Chicago) spoke about their experiences in other jurisdictions in relation to their police work for TOV. Jeff Sheppard and Herb Rath of Sheppard & Roth Architects explained the programming process -the needs for realization of this project. Mr. Roth explained how their firm had evaluated the existing organizational structure of TOV P.D., including an objective observation of the P.D., the fostering of apro-active relationship with TOV P.D. officers, examining the physical space need to support the TOV P.D. Mission Statement, and projecting maximum growth for the next twenty years. He indicated a 14,000 to 17,000 net square feet expansion would satisfy the P.D. needs for 1991; 28,000 square feet would satisfy needs for 2010. Mr. Roth then made a slide presentation showing the present P.D. facilities on and off-site with proposed square footage increases and changes for each P.D. area. Sheppard & Roth's calculations indicated a need for at least a gross building area of 18,605 square feet, which did not including parking facilities. JeffBowen, as a representative for TOV's Plann;rg and Environmental Commission's (PEC} Police Building Task Force, discussed the PEC's concerns, and noted all previous plans for this project had been rejected by the PEC, but said the facility ~,~~1,osed at this meeting met all PEC criteria with only three issues still under question: parking, trash, and landscaping. He encouraged Council to approve the facility design presented at this meeting. Lynn Gottlieb initiated public input by acknowledging it was apparent more space was needed, but felt a more economical site for the facility should be found. She was concerned with the cost of excavating for parking, as well as with visual impacts of this proposed expansion at the central entrance to Vail. Mayor Osterfoss and Rob Levine advised there had been extensive site selection review. They noted Mountain Bell site, the Holy Cross 1 Electric site, and sites at the LionsHead Parking Structure were among ten original sites considered. They indicated P.D. response time and access to I-70 were two reasons the proposed site was chosen. Hermann Staufer, Larry Benway, Diana Donovan, George Knox, Colleen McCarthy, and Gabby Armstrong all agreed the expansion need was obvious, but all expressed the same cost and location concerns as Lynn Gottlieb. Joe Chesman felt the infrastructure should be built now instead of having to reconstruct and restore the facility over time. Mike Warren pointed out a number of major safety and legal problems with the present facility. Tom Steinberg briefly addressed the issue of a centralized or consolidated police facility for the County, but noted those options did not seem feasible at this time, although they were continuing to be pursued. He said the Towns of Avon and Minturn wanted their own police departments, and noted the volume of people/P.D. services were in Vail. Council members all agreed on the need for the P.D. expansion, and felt the proposed site was the appropriate site, particularly for P.D. access and efficiency reasons. Rob Levine felt it was shortsighted not to expand to the fu1128,000 square feet now because growth in Vail, particularly off-season growth, should be considered and planned for now. Merv Lapin, Jim Gibson, and Tom Steinberg expressed concern with safety and legal problems at the present facility. Jim Gibson stated the holding facility should be closed immediately due to liability issues. Merv observed sharing police facilities with other entities did not work right at this time, and requested a report on the dispatching TOV P.D. does for other entities. He added those entities should be paying for their share of the operational and capital expenses involved with that. Jim Shearer felt the financing of the project should not overshadow its need. Jim Gibson, Mayor Osterfoss, and Tom felt TOV should maintain this piece of property as the entrance to the Town, however, they did not feel there was a need for on-site underground parking for the facility. Merv suggested the parking issue be further reviewed and reported on. After discussion, Jim Gibson moved that Council approve a budget not to exceed $3,000,000 for additional space for the TOV P.D. Merv Lapin seconded that motion. Rob Levine felt $3,000,000 was an arbitrary figure, and suggested Sheppard and Roth be directed to research what that dollar figure would be able to produce. Mr. Sheppard thought, without underground parking, $3,000,000 seemed feasible, but was skeptical about getting the construction of the reject underway by the summer '93. Mr. Roth felt parking issue compromises would have to be made to avoid later difficulties over parl~ng requirements. Mayor Osterfoss advised Mr. Roth to work with the PEC on that issue. A vote on Jim Gibson's motion was then taken and passed unanimously, 7-0. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9:45 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto C:1MINNOV17.92 2 ORDINANCE NO. 3i SERIES 1992 AN ORDINANCE ACCEPTING CERTAIN IMPROVEMENTS CONSTRUCTED AND INSTALLED IN AND FOR BOOTH CREEK LOCAL IMPROVEMENT DISTRICT, DETERMINING THE TOTAL COST THEREOF, RECEIVING AND ACCEPTING THE ASSESSMENT ROLL APPORTIONING THE COST THEREOF TO BE PAID BY SPECIAL ASSESSMENTS AMONG AFFECTED PARCELS WITHIN THE DISTRICT, ASSESSING THE COST AS APPORTIONED THEREIN AGAINST EACH ASSESSABLE PARCEL WITHIN THE DISTRICT SPECIALLY BENEFITTED BY THE IMPROVEMENTS, PRESCRIBING THE METHOD OF PAYING AND COLLECTING THE ASSESSMENTS, DESCRIBING THE LIEN SECURING PAYMENT THEREOF, MAKING NECESSARY FINDINGS WITH RESPECT TO THE SATISFACTION OF ALL CONDITIONS AND REQUIREMENTS RELATING TO THE FOREGOING, AND LIMITING ACTIONS CHALLENGING THE PROCEEDINGS. WHEREAS, the Town Council of the Town of Vail (the "Town") has heretofore by Ordinance No. 13, Series of 1989 (the "Creation Ordinance"), authorized and ordered the construction and installation of improvements therein described (the "Improvements")for the Town of Vail, Colorado, Booth Creek Local Improvement District (the "District") and determined to levy special assessments against the affected parcels in the District specially benefitted by the Improvements, according to the method and within the limitations therein described; and WHEREAS, the Town Council has heretofore by Ordinance No. 20, Series of 1989, issued special assessment bonds designated Town of Vail, Colorado, Booth Creek Local Improvement District, Local Improvement Bonds, dated August 15, 1989, in the aggregate principal among of $365,000 (the "Bonds"), to pay a portion of the cost of constructing and installing the Improvements and covenanted to apportion, levy, and assess the cost of the Improvements in amounts sufficient, together with any excess proceeds from the sale of the Bonds, upon the assessable parcels within the District; and WHEREAS, the Improvements are now substantially complete; and WHEREAS, the Creation Ordinance provided that the assessments to be levied against the affected properties shall not exceed the assessment amounts provided in the schedule of assessments attached to the Creation Ordinance, except (a) if actual construction costs exceeded estimated construction costs (but only to the maximum an additional 15%), (b) if land acquisition costs exceeded estimated costs, or (c) if separate and additional elements of costs were incurred in construction or for other items which were of a nature generally not foreseen and included in the construction costs at the time of the estimate, all as provided by Section 20.04.080 of the Vail Code; and 1 WHEREAS, the notice of the creation of the District which was published and mailed to affected property owners provided the estimated total to be assessed against affected property was $366,766, and further provided that this was the maximum amount to be assessed except as described in the preceding paragraph; and WHEREAS, the construction company originally selected by public bid to construct the improvements within the District failed to build the improvements in accordance with plans and specifications and subsequently brought suit against the Town when the Town refused to pay the construction company a portion of the contract price; and WHEREAS, as a result of the failure of the construction company to construct the project in accordance with the plans and specifications and the subsequent litigation, the final costs of the improvements are $507,187 which exceed the original estimate; and WHEREAS, a portion of the amount in excess of the original estimate is additional construction costs which exceeded the estimate which do not exceed the estimate by more than 15% and a portion is separate and additional elements of costs which were of a nature generally not foreseen and included in the original estimated construction costs; and WHEREAS, the Town Manager has ascertained the total cost of the improvements, less that portion thereof to be paid by the Town, and has brought the matter of levying assessments therefor before the Town Council; and WHEREAS, an assessment roll for the District, showing the amount of each assessment, has been prepared by the Town's Controller; and WHEREAS, the Town Manager has heretofore caused a notice of hearing in the form prescribed by Section 20.04.180 of the Code of the Town to be mailed, along with a copy of Section 20.04.200 of the Vail Code, by first class postage prepaid mail to the last known owners of the affected parcels as shown on the real property assessment rolls for general (ad valorem) taxes of Eagle County as of five days before the mailing, on November 24, 1992, and to be published in The Vail Trail, a newspaper of general circulation in the Town, in its issue of December 4, 1992; and WHEREAS, the Town Council has held a public hearing on proposed special assessments against parcels within the District and upon the ordinance by which the same shall be levied, all as required by Chapter 20.04 of the Code of the Town, at its regular meeting on December 15, 1992. 2 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAiL, COLORADO: 1. Approval of Notice. The Town Council hereby finds that notice of proposed assessments and of a public hearing thereon has been given and a public hearing held in accordance with Chapter 20.04 of the Code of the Town. The Town Council hereby further finds that all other conditions and requirements relating to the levying of special assessments against parcels within the District have been fully satisfied. 2. Acceptance of Improvements. The Town Council hereby accepts the Improvements constructed and installed in and for the District. 3. Approval and Apportionment of Costs. The Town Council hereby finds that the total cost of the Improvements, including engineering, legal, and incidental costs, is $507,187, that the portion thereof to be assessed against the parcels of land within the District is $487,187, and that the balance has been paid by the Town. 4. Finding of Benefit. The Town Council hereby finds that the Improvements are local improvements which have conferred general benefits upon the Town and also special benefits upon the affected parcels within the District. Parcels proposed to be assessed abut or are in the vicinity of the Improvements and will receive substantial special benefits from the construction and installation thereof which are separate and distinct from the general benefits to the town. Said special benefits consist of the mitigation of rockfall damage to each parcel and the improvements located thereon. This finding is made after considering evidence relating to the following factors: (1) The effects upon the appearance and environment of and for the properties abutting upon or in the vicinity of. the Improvements; (2) The availability of the Improvements for use by the properties abutting upon or in the vicinity of the Improvements; (3) The type of improvements made and the policy followed in making assessments on similar improvements constructed in the past; (4) The nature of the Improvements, singularly or in combination, and their influence throughout the area and as to the individual parcels of property; (5) The ever-increasing responsibility and changing concept of what is required of the individual property owners at their own costs under the police power even though the general public also has available to it such improvements; 3 (6) The zoning, uses, and potential uses of the properties in the vicinity of the Improvements; (7) Opinions on the effects upon the fair market values from the Improvements upon properties in the vicinity of the Improvements; (8) The probable influence from the Improvements relating to the protection or preservation of the values of the properties in the vicinity of the Improvements. 5. Aonroval of Assessment Roil. The Town Council hereby receives and approves the assessment roll for the District as prepared by the Controller, a copy of which is attached hereto as Exhibit A. 6. Approval of Assessment Method. The amounts specified in the assessment roll have been computed according to the method described in Ordinance No. 13, Series of 1989. The Town Council has heretofore determined, and by this Ordinance does again determine, that the method of assessment is a fair and equitable one, providing for a reasonable apportionment of the cost of the Improvements consistent with the benefits conferred. The determination made hereby is reached after hearing evidence relating to special benefits actually conferred upon the affected parcels, including without limitation increased market value, and all other relevant circumstances. 7. Finding that Benefits exceed Assessments. The Town Council hereby determines that as to each parcel of real estate the special benefits exceed in value the amounts to be assessed therefor and that the assessments are apportioned amount the respective parcels in approximation to the benefits conferred. 8. Sufficiency of Assessments. The Town Council hereby finds that the proposed assessments reflected in the assessment roll will be sufficient in the aggregate to cover the portion of the total cost of the Improvements to be defrayed by the levying of special assessments. 9. Levy of Assessments. Special assessments are hereby levied against the respective parcels as set forth in the assessment roll, and the Town Clerk is hereby instructed so to notify the affected parcel owners. 10. Date Assessments Due. All assessments made in pursuance of this Ordinance shall be due and payable without demand to the Director of Administrative Services on January 18, 1993. 4 11. Election to Pav in Installments. All such assessments may at the election of the owner be paid in installments with interest. There shall be no interest charge against any assessment, payment of which is made in full to the Director of Administrative Services on or before January 18, 1993. The Town Manager may publish a notice in at least one newspaper published and of general circulation in the Town at least ten days before that date, which notice shall state the place of payment and the time for it to close. The failure to publish such notice or to do any other act or thing required by this section shall not affect such assessment or any installment thereof, or the lien the Town holds therefor, nor extend the time for payment thereof. Failure #o pay the whole assessment on or before January 18, 1993, shall be conclusively considered and held to be an election on the part of such owner to pay in instalments the amount of the assessment then unpaid. 12. Installment Due Dates. Assessments not paid on or before January 18, 1993, shall be payable in 10 substantially equal installments of principal, payable March 1, 1993, and annually on March 1 of each year thereafter until and including March 1, 2002, which interest on the unpaid principal amount at the rate of nine and one half percent (9.5%) per annum, payable on each principal payment date. 13. Preaavment in Fu11. The owner of any parcel herein assessed may at any time pay the whole unpaid principal due under this Ordinance with the interest accrued to the next interest payment date, without penalty. 14. Delinquent Assessments. An assessment or installment thereof shall be considered delinquent if not paid within thirty days after the date set for payment thereof in this Ordinance. A delinquency shall cause the whole amount of unpaid principal and accrued interest to become due and payable. Any delinquent assessment or installment shall continue drawing interest as hereinabove provided plus penalty interest at the rate of 1.5% per month. As soon as any assessment or installment thereof shall become delinquent, the Director of Administrative Services shall mark the same delinquent on the assessment roll and shall, at least once each calendar year, but not sooner than the first day of October, certify such assessments, along with interest and penalty, to the County Treasurer of Eagle County, Colorado; and the County Treasurer shall extend such assessment upon the real property tax rolls of the County and collect the same iri the same manner as delinquent general taxes levied upon such property. Upon certification of the delinquent assessment or payments, the cost of such collection shall also become due and payable. However, at any time prior to the date a delinquent assessment is 5 certified to the County Treasurer for collection the owner may pay the amount of delinquent installments, accrued interest thereon and penalties due, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made. 15. Assessment Liens. The assessments made pursuant to this Ordinance shall. be a lien in the several amounts assessed against each tract or parcel of land from the effective date of this Ordinance. In the event of the subdivision of any parcel assessed, the assessments shall in each case be a lien upon the individual lots of the subdivision in proportion to their respective shares. The liens for assessments shall be prior and superior to all other liens, claims, encumbrances, and titles, whether prior in time or not, and shall constitute a lien until paid; provided, however, such assessment lien is subordinate and junior to any lien for general taxes and is subject to extinguishment by the sale of any property on account of the nonpayment of general taxes; and provided, further, any such assessment lien on any parcel is prior and superior to any assessment lien thereon subsequently levied. 16. Ordinance Conclusive. After the expiration of thirty days from the effective date of this Ordinance, all actions or suits attacking .in any way the proceedings held, the determinations and findings, made, and the assessments levied herein, shall be perpetually barred and shall not thereafter be questioned in any court or before any other tribunal. In order for one to have standing to challenge the proceedings in any respect, or the Ordinance adopted, or any assessment levied, he must have asserted his objections in accordance with Chapter 20.04 of the Code of the Town. Review shall be limited to the objections so asserted. if a court of competent jurisdiction sets aside any final assessment, then the Town Council may make a new assessment generally in accordance with the provisions of this Ordinance and applicable provisions of the Vail Code. 17. Authorizing Action. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. 18. Ratification. All action heretofore taken by the Town and by the officers thereof not inconsistent herewith directed toward the levying of special assessments against parcels within the District specially benefitted by the construction and installation of the Improvements therein is hereby ratified, approved and confirmed. 19. Repealer. All acts, orders, ordinances, resolutions, or parts thereof, of the Town in conflict with the Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, ordinance, resolution, or part thereof, heretofore 6 repealed. 20. 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. 21. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 22. 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. 23. 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 1st day of December, 1992, and a public hearing shall be held on this Ordinance on the 15th day of December, 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 7 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Ostertoss, Mayor ATTEST: Martha S. Raecker, Town Clerk CiORD92.31 8 r r TOWN OF VAIL MEMORANDUM TO: Ron Phillips Town Council FROM: Steve Thompson DATE: November 24, 1992 RE: Third Quarter Financial Report Please find attached the Third Quarter Financial Report. The Town's financial condition for 1992 remains in line with what we have been projecting all year. However, there is about $2 million in projects we did not finish in 1992 and are rolling to 1993. We will be presenting this report at the December 1st work session. Please let me know if you have any questions before then. TOWN OF VAIL STATEMENT OF PROJECTED CHANGES IN FUND BALANCE 1 /1 /92 - 12/31 /93 SPECIAL CAPITAL REAL ESTATE PARKING HEAVY VAIL DEBT POLICE POLICE TOTAL GENERAL PROJECTS TRANSFER ASSESSMENT EQUIPMENT MARKETING SERVICE CONFISCATION BUILDING FUND FUND TAX FUND FUND FUND FUND FUND FUND FUND Fund Balance 1/1/92 657,300 3,746,352 2,430,828 4,040 396,373 22,353 5,265,375 511,638 13,034,259 Estimated 1992 Revenue 15,097,612 7,140,505 1,789,847 270,000 1,468,039 678,782 21,416,451 60,000 5,740,000 53,661,236 Estimated 1992 Expenditures 14,422,251 6,914,792 1,804,860 274,000 1,470,993 701,593 25,077,962 111,723 50,778,174 Gain/(loss) 675,361 225,713 (15,013) (4,000) (2,954) (22,811) (3,661,511) (51,723) 5,740,000 2,883,062 Equity Transfer 1,700,000 (1,700,000) Estimated Fund Balance 12/31 /92 3,032.661 2.272.065 2415,815 40 393,419 (4581 1.603,864 459,915 5,740,000 15.917,321 1993 Revenue Budget 14,398,868 7,311,273 1,350,000 282,000 1,485,864 667,500 5,075,968 26,000 30,597,473 1993 Expenditures Budget 14,457,653 7,226,272 2,056,788 282,000 1,380,829 667,401 5,065,468 155,288 31,291,699 Gain/Qoss) (58,785) 85,001 (706,788) 0 105,035 99 10,500 (129,288) (694,226) Rollforvvard Expenditures (1,027,976) (951,665) (1,979,641) Pro'ected Fund Balance 12/31/93 2,973,876 1.;329 090 757.362 40 998;454 (359) ~:;7:614364:':::'::<:::::'33Ui627 5:740x000: X3243454: 1 I' ' - - PAGE 1 23-Nov-92 FDBAL93 •\•:ti{.i}'~w}%~ni }:^ii: w:::::..nw:::.::. vv;.w..:. w:...:.~ nvr:: v.; :•:tivi::•:.:~.....~.....'•i'..ri}:O'::ti'::•::i::A::•iti?>i:?14}:41111:•11'•iii}:.:•'ii}:;}i:;i:::?~::•:~:f :iJifi':. ?........n...... .i .i .i n. :::::::::yw i is w: f: • I: {rQ{~}:i~ti;ti}j;ti•:riii::i}}:isi:}:i:}:y:i~~i'.{?•ii}:{•ih:iyv'{~$}:v::::::: •.v:: t :::...:::.:.:i~.:.;'i{:::+{,•; w:::::::::::.v. ~::::.F.. M1:.::::...•; •.rv::v::::::::::. }:.:4::: r{:{O: 'ii:4: 11111 i:4:.:•:: ii.Y.•:h~.ii\isis :::::......:.v.....-::::::::.:: LL:::::::::::::::: x::. ~.~::~li:~)•::i~..~iiiiii •ii:::::::::::....... ~ i::: htiti::•'....n••::.!•:: };{{r::.;.:.;..vtiviriw.~:::::::::::i.'::ii:<{i'ry••}v:;i} ii?iii?iii: ,y :.~:.}.ti.:'•:.::::.iriii•::::}i:i:... t.'...... ~+i•i~•ii};•i•+ti,. is ;•:::::::y N.,i'y:::::::{:i??;ii:.. 1.: }:?rby;.;.;!i ~'~{f{:.y 111111 }11:•1:41:'..:... :+~y :E:7':}:~~:$, 1111•1: i ~•Y{~,{~~,r/~y? ~~~fMlyyMM~~~ YY1µµ[[ R:F~~it~ix~i1'• ii}i: 4yp} iF. i} .y+~'~~.ii~~:iM11,:•ii:• y:~:~l~i:: . y ~ ~ ~1 v..... y.. .,,I i •.w.,,, ......:.~.}i%:4::j}:vtiviii:Gpii; .i;ni}i:•i::{•:'}:'~'~ 'F".~::~:•,;;:;:::j:ijiii:}.ii':i:ii?i:LY?•:ti:;~.'i,'r ..II~~ 1 . Rf'~II~. iii'.?:•: is fi::.w: r:: ;::~':i•::~:iFi:t}i;:;:' :{::::i::Sv iiiiii:i~iiiiiii: i:{~i:~i:: ii:•.+:~i:vi}.i •;4i.i<4i}:•iYiiiii:i:•:•i}:ii.}: i i!: }j:vn}i ii:i?}ii:}i: iii; i:•::2}:iii:C~'r'riiiiiiiiii:i;::•'.:iii'r,S;i: :::4ii......Si:~i'rjii}:::~i' 41181. Y.i 11111:?1:•i'!:: . ..X::::::?:V. i..ii iii: •::.5.. ;•::ii'•:•iiiii:•'•i'.;:;ii: ~~,,yy ?}}}..~i ..W: . 7992 VARIANCE ~a:Ef>IERAL I=UND REVE:NUE,..:: ; `;::''':::<:<: BUD.GET.... ..ESTI!MATE QVERL~UNCDER Taxes Property & ownership Taxes 2,080,829 2,085,829 ; , iSQ(30; Retail Sales Tax 6,954,000 6,721,000......... ; (230 Ski lift Tax 974,500 945,000 (29,500: i.::.i Franchise Fees 489,000 478,000 ; (fit,DOQ. Penalty & Interest 35,300 45,000 ,:;::;;;:;;;::.:;::9w~'UE}' Subtotal Taxes 10,533,629 10,274,829 ;:,;>iiiii;:.>s;::(258~8Q0. Construction Fees 233 631 659 800 >>`<<`<><' 2 4::6.,1,69.: Licenses & Permits 43,600 44,700 ''<< '`i'7~1Ci0 Charges for Services 238 737 201,530 37;207 Transportation Centers 1,560,518 1.,572,330 ! 11.:,812;; Intergovernmental revenue 897,977 908,258 10,2$f Fines & Forfeitures 228,125 225,200 (2,925) Bond Proceeds 825,785. : 825,785> Other 270,015 385,180 915,:165.' ~ TO:TQL GF.AEVENUE...,.. 14;OQ6,232 > ;15;097,6"2 . ..:;1,091.,380.1 ; 992 1992.. ~/ARIANCE ;GENERAL FUND EXPENSES ; < BUD:GET . ,:.ESTIMATE OVER/~UN,DEF~ is - Town Officials 1,007,021 999,092 (7;920 Administrative Services 1,048,580 1,042,437 (6,143) Community Relations 200,546 198,599 _ 1,947 Community Development 877,383 859,892 (1~49t Police 2,711,317 2,674,365 (36;952 Fire 968,066 974,882 6,816;: Public Works 2,162,325 2,133,433:<.,.::.; ; 28 892 Transit 1,921,048 1,903,274. (17,774 Transportation Centers 993,634 982,075::;;:;;;: i:;(1;1;>'S59 VMRD Contract 547,043 547,043 Library 642,956 642,956 :(>i 0` Insurance 502,787 490,107 _ 1268Q Contingency 11,859 11,859 ( {3! Contributions & Events 773,218 784,887 f 1:,669:: GIS Mapping System 45,000 45;000 Network System 70,000 70,000 Employee Benefits 60,350 62,350 2,000: ~TQTAL GF:;EXP:.ENDITURE.S....;:::;..:,:,;;,;;::.:::::'`: 14;28,133..; i4~22,251 ......::.......(5,882.. I::::: SURPLUS/(.SHOATFALL):`;':'>:: ; (42::1,901) :::::'..;:;675,36 fi.:.. .1,097262s~ ,r 3QTR2FIN PAGE 2 23-Nov-92 1992 _ 1992 VARIANCE CAPITAL PROJECTS i~EVENUE BUI?GET ESTIMATE OVER/(UND`ER Retail Sales Tax 4,946,500 4,784,000 ~~f~~~50:9 County Sales Tax 195,000 187,000 ;;;;;{~'OO0) Ski Lift Tax 974,500 945,000 (29;'Sfl0 Recreation Amenities Fees 30,000 131,000 101,t30D Earnings on Investments 173,000 150,000 (23;000. Other Income 44,000 56,850 12,850>~. Transfer from the General Fund Perf. Arts Ctr. 100,000: 100,OOQ RETTLoanRepayment 506,655 506,655, ;;;.tl International Bridge Grant 280,000 280 000 fl: TOTAL.REVENUE ! 7,1'4,655:. 714E),505 (6;1~Oj 1992 '1992 ~/ARIANCE CAp1TAL PROJECTS FUND EXP BUDGET'_ ESTIiMATE OVER/(UNRER) International Bridge Replacement 450,000 442,825 (7;175) Misc Sidewalks & W Ped Connection 22,523 22,523 0 Comm Sys Maint. & Replace 52,066 52,066 0 Municipal Annex Remodel 156,195 156,195 0 Streetscape Design 6,167 6,167 ! :fl' Computer Project 3,000 3,000 Recreation Paths Maintenance 85,000 74,855 (10,145 Misc Building Maintenance 50,000 50,000. 0 Street Light Improvement Program 30,000 30,000 ;::<:>.`°::`<':fl: Fire Truck Replacement 250,000 250,000 Bus Replacement 600,000 573,500 (26;500:: Town Shop Ventilation System 46,200 45,404 (79G) Vail Fire Station Storm Sewer 24,450 16,965. (7;;485] Drainage Improvements 30,000 48,524 18,'524'' Loader 118,500 118,500 0? Remodel Bus Terminal 35,000 35,000 _ 0 Black Gore Bridge 15,122 15,122 0' Lionshead Mall Project 22,107 22,107 0 Land Appraisal 5,600 5,600 Pertormance & Arts Center 100,000 100,000 > .::.a; Transfer to rst i i - Prch West Vail Land 72,086 72,086 `is;;?; ;>><fJ: Transfer to Debt Service 4,216,764 3,703,195 (513,569 Projects to be Completed in 1993: Rollforwards - Street Furniture Replacement 20,000 0 (20,000:' VTC Community Improvements 115,384 44,193 (71;191; Police Department Space Expansion 121,000 50,000 (71,000 Street Maint & Improvements 653,500 333,127 (320;373, Snow Dump Road /Shop & Bus Barn Maint 236,200 2,200 (234,000 Parking Structure Settlement 395,000 358,166 (36,834:: Parking Structure Capital Maintenance 55,000 18,166 (36,83~i Chapel Bridge Design 10,000 0 (10,OOQ. Parking Structure Landscape Contingency 30,000 3,689 (26,391; PW Office Remodel 50,000 100 (49,900 Pedestrian Overpass Walkway 50,000 36,765 (13;235 Shmetzco Berm 5,000 1,902 ,(3,098) Town Snow Dump (R) $85,200 313,500 202,850 1 D,65 Slifer Fountain Repair 30,000 0 (30OOQ Bus Shelter Imp & Replace 40,000 20,000 (20,000• TOTAL EXPENQITURE`S 8;509,764 ...6,914;792 - (1 594,972 3QTR2FIN PAGE 3 23-Nov-92 . 1992 1992 VARIANCE ` LC3 i i:1=~IY.:FUND ..BUD.GI=T . ~STIMA'fl= ~~iER/tUN..DEF~) REVENUE 8 200 12,255 4,055:1: EXPENDITURES 8,200 16,000 7,$00;: 19..92 'l;992 ~ VARIANCE :REAL ESTATE TRANSFER TAX. BU~GEl' ESTIMATE: OVER/{UN©ER) REVENUE RETTTaxes 1,200,000 1,500,000 300,{)00; Ski Museum Reimbursement 27,500 _27,500;; Golf Course Lease/VRD 80,924 80,924 Tree Planting Donations 14,337 14,337; Earnings on Investments 122,000 95,000 (27,000 Transfer From CPF -Sale West Vail Land 72,086 ::;::;;;<;;;:>:72{386' TQTALREVENUE . ; ....1;402,924 1:;789;847 3$E;923 ~ EXPENDITURES Purchase of Open Space 340,432 340,432 0i' Transfer to Debt Service Fund 361,434 293,998 (67;436 Loan Repayment 506,655 506,655 0 Open Space Projects: Projects Com leted: 1 P Ford Park Snow Dum Reve etation P 9 10,000 4,414 ;'!`><°<(5.~8.6 Tree lantin g P 9 Pro ram 24,337 24,337: <,<;;,!<>>:<:>>0 Alpine Gardens Contribution 25,000 25,000 ; U International Bridge Landscaping 35,027 35,027 ;:':`<::;::>::a East Vail Interchange Landscaping 84,521 84,358 (163) Athletic Field Restrooms 47,490 47,490 : << :"`<<p: Main Vail Interchange Land. Design 40,000 5,383 (34;;617 Projects to be Com leted: 1 P Stephens Park Phase II (R) $91,821 317,293 283,179 (34;1.14. Dowd Junction Bike Path Design (R) $62,055 105,763 109,775 4;012:; West Vail Bike Path 150,000 20,000 (10O..UUO Ski Museum Park Site 112,622 11,779 ;:(<1D08d3 Bighorn Park Completion 26,310 7,144 1;9,fi6 ( Vail Trail Safety 2,200 100 ::;:;:::>:;>:;:::;:;:;(Z1'00) Gore Creek Promenade 65,969 5,289 ';:'i>'!~6Q;fi80 Master Open Space/ Rec Trail Plan 60,000 0 . .,,;,(60;000 Spraddle Creek Parcel Purchase 350,000 0 _ . (350;400 Golf Maintenance Parcel Purchase 75,000 0:::;::::::; ;;:;<{75;400:, Miscellaneous 500 500 4 ~.TOTAt.':RETT EXPENDI:TURE:S 2,740,553::.;:::;:::: °.1;804;86;0.......:. (935,693 € ................".~.~1~'~1(.~7..If~~'fwkL.::~ >:.:>::<;;:»;;:.::<.:.:.:.:.::.:.;:.;:.:.:;:.:;;::.;~~:<.;:.>;;:.;::~. 7b`'.2... 'i~~ t~'f~ ...:....:'f!~ ~;i:f~. 30TR2FIN PAGE 4 23-Nov-92 { 1992 1992 VARIANCE . HEAVY EQUIRMENT FUND 'BUDGET.:,::: ESTIMATE<: OVERI{UNDER); REVENUE 1,480,408 1,468,039: , (12;369 EXPENDITURES: .::.:>::.:::«.:»:;.>::,:::<i,463,993:::::::::::::«::1..,470,993 .7,000.;. 1992 1992 ' VAI~IANCI= SPECIAL PARKING ASSESSMENT. f UND 13.UpGET : .E$TLMATE OVER/(UNDER). REVENUE Parkin Assessments 30,000 26,000 ''<`~4~0OQ) 9 Daily Parking Revenue 237,000 239,500 .:,::.:,..,..,.::,,,;.:.2..;5©0:: Earnings on Investments 7,000 4,500 ;{25pp TOTAL SPAF RE\/ENUE _ ,274,000 :270;Q00 X4;000 EXPENDITURES Transfer to Debt Service Fund 274,000 274,000 ' D' {TOTALSPAF EXPENDITURES ;274,000`.. 274,000:.. fl: 1992 1.992 VARIANCE : BUDGET ESTIMATE;'. OUER/(UNDER? MARKETING FUND REVENUE Business Licenses 330,000 345,000 15t?00; TOV Marketing Fund 160,500 160,500 ` 0 Other Marketing Contributions 154,000 166,782 , i27~32`: Earnings on Investments 9,000 6,500 r: (2;500 ~TQTAL;IVIARKETING REUENIJE ;653;500' ::::678,7:$2 25;282: {;EXI?ENpITURES. ; ;:659;101<. ;701,593 42;492:`: { > X3::1::1>~:>>:<::::: 3QTR2FIN PAGE 5 23-Nov-92 1992 1'99?; . . . VARIANCE ~f)LfC!~:~aNfi.ISGATION ~UN:D BUDat ~ ESTIMATE AVER/(UNDER REVENUE Confiscation Proceeds 10,000 41,000. ~1.;pt)0: Eamin~s on Investments 16,500 19,000 2;500;1 TQ7AL f?Cl= REVENt1E. 26,500;; 50,Q00 ....33;'500:' EXPEN ITURES D 1 11, 723 111 723 is?Ii.'»>'>» < ;:0; TOTALi:PG1=.EXPENDITU:RES 1,11,723:.... :'l i x;72:3 (3; . ~w:: :.:.~3 3QTR21=1N PAGE 6 23-Nov-92 23-Nov-92 TOWN OF VAIL SCHEDULE OF 1991 APPROPRIATIONS TO BE ROLLED INTO 1992 AND ADDITIONAL IXPENDITURES TO FINISH PROJECTS UNSPENT ESTIMATED ADDITIONAL (OVERSPENT) ESTIMATED ADD IXPENSE & RECLASSED 1991 1991 APPROPRIATION TO FINISH 1992 PROJECT APPROPRIATION ROLLED TO 1992 IN 1992 IXPENDITURES TOTAL GENERAL FUND: Code Revisions -Employee Housing 1,410 962 962 Cable TV Application Fea 10,000 10,000 East Vail Utility Undergrounding 20,000 20,000 Repairs to Lionshead Fountain 2,969 2,969 2,969 Capital Outlay -Parks 960 960 960 Master Transportation Study & Bridge Inspect 20,555 20,200 20,200 Cemetery 7,000 7,000 12,000 19,000 Village Views (53) 0 1,200 1,200 AIPP Project 2,148 2,148 20,000 22,148 AIPP Guide 965 965 965 Professional Fees -Housing Authority (1,498) (1,498) (1,498) Bicycle Map 9,000 9,000 9,000 Pink Link Shuttle 47,131 47,131 Police Overtime Charged Out 6,000 6,000 Library Donations 52,800 52,800 Cellular Phone Contract 3,600 3,600 Write-off Cost Recovery Contract 2,972 2,972 Community TV Contribution 2,000 2,000 GHI Legal Fees 150,000 150,000 Conference Center 100,000 100,000 Workers Comp 21,912 21,912 SUBTOTAL• GENERAL FUND 43,456 42,706 21,200 428,415 492,321 CAPITAL PROJECTS FUND: Village Parking Structure Landscaping &Community Improvements 41,056 41,056 74,328 115,384 Street Maintenance 53,500 53,500 53,500 International Bridge Replacement 297,831 297,832 152,168 450,000 Communication Equipment 32,066 32,066 32,066 Streetscape 6,167 6,167 6,167 Town Snow Dump 158,739 158,739 154,761 313,500 Snow Dump Road/Overlay Shop Complex 178,948 178,948 30,552 209,500 Police Department Space Expansion 180,848 121,000 121,000 Settlement on Parking Structure Construction 163,348 163,348 231,652 395,000 Computer Project 3,000 3,000 3,000 Municipal Annex Remodel 156,195 156,195 156,195 Lionshead Mall Project 22,107 22,107 Black Gore Bridge 15,122 15,122 Loader 118,500 118,500 Shmetzco Berm 5,000 5,000 Purchase West Vail Land 139,522 139,522 Performing Arts & Conf Center (fran from G.F.) 100,000 100,000 Projects Moved From RETT Fund: Misc Sidewalks 23,013 6,000 6,000 Vail Valley Drive Pedestrian Connection 16,523 16,523 16,523 SUBTOTAL• CAPITAL PROJECT FUND 1,311,234 1,234,374 643,461 400,251 2,278,086 CONTINUED ROLFWD92 PAGE 7 • REAL ESTATE TRANSFER TAX FUND: . Ski Museum Site Retrofit 7,212 7,212 7,212 Dowd Junction Rec Path Design 5,763 5,763 100,000 105,763 Vail Trail Safety 2,200 2,200 2200 Gore Cr Promenade 65,969 65,969 Tree Planting Program 14,337 14,337 Oowd Junction Bike Path Design (232,000) (232,000) Ski Museum Park Site 105,410 105,410 Bighorn Park Completion 26,310 26,310 International Bridge Landscaping 35,027 35,027 Landscape Main Vail Interchange 0 0 (116,850) (118,650) Stevens Park Construction 58,409 58,409 135,500 193,809 East Vail Interchange Landscaping 84,521 84,521 84,521 Master Open Space/ Rec Trail Update Plan 60,000 60,000 6p,ppp Athletic Field Restrooms 47,490 47,490 47,490 Spraddle Creek Parcel Purchase 350,000 350,000 35p,ppp Golf Maintenance Parcel Purchase 75,000 75,000 75,000 SUes r u r AL• RETT FUND 756,564 756,564 65,734 822,298 POUCE CONFISCATION FUND 27,605 27,605 27,605 GRAND TOTAL _ 2.061.249 664.661 894.400 x.620.310 r ROLFWD92 PAGE 8 19-Nov-92 TOWN OF VAIL COUNCIL CONTINGENCY 1992 Original Budget Amount $50,000 Uses: Whistler B.C. Trip 1,600 Deming Training 1,100 Resurface Tennis Court Lionshead 3,800 Arne Hansen Memoria{ Contribution 1,000 Goal Setting & Consensus Building Meetings 3,569 Employee Opinion Survey 2,500 City Miami Hurricane Victims 1,000 Council Chamber Chairs & Sound System 13,402 Bus Lobbying Fees 10,170 Total Amount Used 38,141 Total Amount Left $11,859 COUCON92 PAGE 9 ORDINANCE NO. 32 SERIES OF 1992 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, VAIL MARKETING FUND, THE REAL ESTATE TRANSFER TAX FUND, POLICE CONFISCATION FUND, LIONSHEAD MALL PROJECT FUND, CONSERVATION TRUST FUND, LIONSHEAD MALL DEBT SERVICE FUND, BOOTH CREEK DEBT SERVICE AND CONSTRUCTION FUND, HEAVY EQUIPMENT FUND, TOWN OF VAIL DEBT SERVICE FUND, WEST VAIL DEBT SERVICE FUND, AND POLICE BUILDING CONSTRUCTION FUND OF THE 1992 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; ESTABLISHING A RESERVE FUND BALANCE OF $5,740,000; CREATING AN EMERGENCY RESERVE OF $550,000; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 1992 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 39, Series of 1991, adopting the 1992 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. WHEREAS, the Town Council wishes to establish a reserve fund balance in the amount of $5,740,000; and WHEREAS, the Town Council wishes to establish an emergency reserve in the amount of $550,000. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1992 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $ 492,321 Capital Projects Fund 2,278,086 Real Estate Transfer Tax Fund 822,298 Vail Marketing Fund 42,492 Police Confiscation Fund 27,605 Heavy Equipment Fund 12,000 Lionshead Mall Project Fund 66,468 Conservation Trust Fund 7,$00 Lionshead Mall Debt Service Fund 4,215 Booth Creek Debt Service Fund 501 Booth Creek Construction Fund 18,000 Town of Vail Debt Service Fund 20,126,030 West Vail Debt Service Fund 500 Police Building Construction Fund 100,000 23,998,316 1 2. The Town Council hereby establishes a reserve fund balance of $5,740,000. 3. The Town Council hereby establishes an emergency reserve in the amount of $550,00. 4. 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. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. 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. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend 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 1st day of December, 1992, and a public hearing shah be held on this Ordinance on the 15th day of December, 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:\ORD93.32 2 J ORDINANCE N0.32 SERIES OF 1992 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, VAIL MARKETING FUND, THE REAL ESTATE TRANSFER TAX FUND, POLICE CONFISCATION FUND, ~1MWNG-91S~1#6~LIONSHEAD MALL PROJECT FUND, CONSERVATION TRUST FUND, LIONSHEAD MALL DEBT SERVICE FUND, AND BOOTH CREEK DEBT SERVICE AND CONSTRUCTION FUND,' OF THE 1992 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORAC ; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; ESTABLISHING A RESERVE FUND BALANCE OF $5,740,000; CREATING AN EMERGENCY RESERVE OF $550,000; AND~SETTING-FORTH-D.ET_AILS IN REGARD THERETO. P ------r ~ WHEREAS, contingencies have arisen during the fiscal year 1992 which could not have been ~ asonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 3~', Series of 1991, adopting the 1992 Budget and Financial Plan for the Town of Vail, ~1 Colorado; and, ~ WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are 1 I available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. WHEREAS, the Town Council wishes to establish a reserve fund balance in the amount of $5,740,000; and WHEREAS, the Town Council wishes to establish an emergency reserve in the amount of $550,000. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1992 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT 1 -General Fund $ 492,321 Capital Projects Fund 2,278,086 - Real Estate Transfer Tax Fund 822,298 _Vail Marketing Fund 42,492 Police Confiscation Fund 27,605 Heavy Equipment Fund 12,000 .~ad~ ~ Lionshead Mall Project Fund 66, 468 -Conservation Trust Fund 7,800 'Lionshead Mall Debt Service Fund 4,215 r Booth Creek Debt Service Fund 501 ' Booth Creek Construction Fund 18,000 ~ Town of Vail Debt Service Fund 20,126,030 ~ West Vail Debt Service Fund 500 ~ Police Building Construction Fund 100,000 23,998,316 1 D~~' 2. The Town Council hereby establishes a reserve fund balance of $5,740,000. 3. The Town Council hereby establishes an emergency reserve in the amount of $550,00. 4. 1f 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. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. 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. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend 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 1st day of December, 1992, and a public hearing shall be held on this Ordinance on the 15th day of December, 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. Ostertoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:\ORD93.32 2 RESOLUTION NO. 18 SERIES 1992 A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO PURCHASE, SELL, RESELL, TO OR FROM GILL & ASSOCIATES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to give certain employees of the Town trading authorization to deal with Gill & Associates. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. Stephen Barwick, the Administrative Services Director or his successor, Steven Thompson, the Controller or his successor, and Shelly Shanley, the Assistant Controller or her successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell, to or from Gill & Associates any and all forms of investment instruments, allowed under the Town of Vail's investment policy. 2. Any action taken by one of the above named employees of the Town shall be deemed to be proper in connection with any transaction with Gill & Associates, and Gill & Associates may deal with any and all of them as though it were dealing with the Town directly. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk c:~~sc~us2.~a RESOLUTION NO. 19 SERIES 1992 A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO PURCHASE, SELL, RESELL, TO OR FROM RAF FINANCIAL CORPORATION; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to give certain employees of the Town trading authorization to deal with RAF Financial Corporation. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. Stephen Barwick, the Administrative Services Director or his successor, Steven Thompson, the Controller or his successor, and Shelly Shanley, the Assistant Controller or her successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell, to or from RAF Financial Corporation any and all forms of investment instruments, allowed under the Town of Vail's investment policy. 2. Any action taken by one of the above named employees of the Town shall be deemed to be proper in connection with any transaction with RAF Financial Corporation, and RAF Financial Corporation may deal with any and all of them as though it were dealing with the Town directly. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, 1992. Margaret A. Ostertoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:~HESOLU92.19 RESOLUTION NO. 20 SERIES 1992 A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO PURCHASE, SELL, RESELL, TO OR FROM STIFEL, NICOLAUS & CO., INC.; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to give certain employees of the Town trading authorization to deal with Stifel, Nicolaus & Co., Inc. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. Stephen Barwick, the Administrative Services Director or his successor, Steven Thompson, the Controller or his successor, and Shelly Shanley, the Assistant Controller or her successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell, to or from Stifel, Nicolaus & Co., Inc. any and all forms of investment instruments, allowed under the Town of Vail's investment policy. 2. Any action taken by one of the above named employees of the Town shall be deemed to be proper in connection with any transaction with Stifel, Nicolaus & Co., Inc., and Stifel, Nicolaus & Co., Inc. may deal with any and all of them as though it were dealing with the Town directly. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, i 992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C'~RESOLU92.20 RESOLUTION NO. 21 SERIES 1992 A RESOLUTION AUTHORIZING CERTAIN TOWN EMPLOYEES AND OFFICERS TO SIGN CHECKS DRAWING ON A HEALTH INSURANCE DEBIT ACCOUNT TO BE OPENED BY THE TOWN AT THE FIRSTBANK OF VAIL, AND FURTHER AUTHORIZING CERTAIN EMPLOYEES OF THE TOWN TO MAKE DEPOSITS IN SAID ACCOUNT. WHEREAS, the Town wishes to open account number 2296560318 at the FirstBank of Vail; and WHEREAS, the Bank requires a Resolution setting forth parties who are authorized to sign checks drawing on funds in the account and who are authorized to deposit in said account. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, as follows: 1. The following officers and employees of the Town are hereby authorized in the name of the Town, to collect, discount, negotiate, endorse, and sign all checks, drafts, notes, and other negotiable or nonnegotiable instruments payable to the Town, or in which the Town has an interest, and to draw, sign, and delivery, in the name of the Town, checks or drafts against the funds of the Town on deposit in said Bank: A. Kenneth H. Hughey or his successor. B. Stephen H. Barwick or his successor. C. Rondall V. Phillips or his successor. 2. For the purpose of deposit in the account of the Town with the Bank, any Town officer or employee of the Finance Department may endorse, sign, or deliver on behalf of the Town, any checks, orders, or other evidence of indebtedness for the payment of monies payable to the order of the Town. 3. The authority of the aforesaid employees and officers to perform each and all the powers conferred by the foregoing Resolution shall continue until notice in writing, terminating such authority, shall be served upon said Bank, and shall be noted upon the certified copy of such Resolution as delivered to said Bank. 4. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:W ESOLU92.21 r . ' R MEMORANDUM, TO: Design Review Board FROM: Community Development Department - DATE: November 4, 1992 SUBJECT: A sign variance request for the Antlers Condominiums located at 680 W. Lionshead Place. Lot 3, Block 1, Vail Lionshead 3rd Filing. Applicant: Antlers Condominium Association .........'m;{{?!!'!'!+f.!!K^^.. v: -w:: 'v: v:: •nr:;::SaiirA'YY::yn:?~hi'i.•' r::"?~:: iii: ii::: ~J.i~;?iyS:-!!:iilii{iiii: ::v:4 %YV•:! •v.~: r:....'w: ~nwn.•ix: i. n4?S.:•%.:?.::::.!9: R•.L?v::: vlw: ~•t:::!C+.4::•.~1....:.; ...:C..?:.x. •v:,tr,'•;•niF•::::: rv:::..;..':.......::':::': v:, : n:v :v r:'Y•::: :.::v..,.,.it?;rw::.:!3::::.~%+?0...n, 'r : .:C?... r.. f....+..:tn. .........v...... :'•iv; :v-. v: LV:iO}:•n :......:....:x ~ :•%3: )y.:......:. vv?:::::iii?.v,:i•vii::4 •.vn x x ::.w: x;:i:-:...v: nv.:v.:..u .~t>.Yi:'i. r.'~i'::::::: vv •nrnw:: r:.v:::::::v::: .v.. n.. rn..vn . x:•::+ w:ntri':?•i'i.?:i:•is4:??v:i-i'iiiv.•:..:::x:.}•.;•{:.:?'•::::!•~..'......... i ..n.v. x. s.:...-...... ..N........... 1. J..-. f.?f.......:.n f.. ::::::.'i.•:::: i:i":::i ::::?:':i x: :•.::w::: •v.: :...n.xii::!i•::: vi::L:::::::.>..::.:h:yi...v.+?r: r..;:•S: Si.':'%~: {?..::Yh:::kn::•.?:•::f:::~•l;p~::5::::::..v......:.:•...::w :::::::::::::w:::~•.~.i.:......:.. :w:::::: }iii}:.::.~. ;...:...:.~.nt. i' w:„w~:i:;_. n.. ~:::S:::ic:'.:~::::•k;~i •~:r:~iiiJ'i~::v.;nix::n~~p.,•.:4~ii?ri~iii::•::::..rSi'':n.n~..:::::::::~?v.vl:{np :i~:~+rA.u....~.............w.vrfihW~i}S.YJ ::Jw..niJ:ieiAV, 3iiiwsw:CC~:L'x~n" .wx.vrv 1. L~~l:tuYl1UIV ur ire tc~OUEST The Antlers Condominiums are requesting a sign variance for the total sign area and the height of signs allowed. The sections of the Municipal Code which relate to the variance request are listed below: Section 16.20.210 -Single Business Use B. ' Size, one square foot for each five front lineal feet of the building, with a maximum area of 20 sQUare feet,, Combined maximum for more than one sign shall not exceed twenty square feet; C. Height, no part of the sign shall extend above 25 feet from existing grade. The Antlers Condominiums, as a single business, is allowed up to 2 signs with a maximum combined sign azea of 20 square feet. The allowable height is up to 25 feet above existing grade. The development's existing signs consist of: --One 36 square foot legal non-conforming wall sign, 44 feet above grade, facing West Lionshead Place on the north elevation. --One 4 square foot free-standing sign, located at the entrance to the - parking azea. The variance request includes: • --Changing the lettering style and lighting of the existing 36 square foot. legal non-conforming sign. (36 squaze foot is proposed for the new sign, plus 4 square feet foi• the free-standing sign, equals 40 square feet of total ~ sign area). 1 ti The proposed sign will be attached to the wall and will be lit with reverse pan- channeled light. The Antler's "deer graphic" is included as part of the sign ' area and is located above the word "Antlers". Both the graphic and the text ' will be opaque and red in color as is the existing sign. The reverse pan- channeled lighting will Shine behind the sign and will create a "halo" effect for the sign similar to that seen on the Vail Transportation Building and Holiday Inn wall signs. --The sign will be placed in the same location as it is now, which is 44 feet above existing grade at its highest point. It should be noted that the Antler's existing wall sign is currently considered legal f , ~ non-conforming. The Municipal Code states that "The right to continue use or operation of any non-conforring sign shall terminate whenever the sign is altered in any way." Section 16.32.030 -Termination). Therefore, a variance is necessary in order to make the proposed changes even though the size and height of the proposed sign on the north elevation remain the same as the existing sign. The applicant maintains that the proposed sign will be more aesthetically pleasing and will make the building more "visible" and easier for guests to find. i Summarily, the applicant is requesting variances to p-1_ace-.the sign on the north elevation 19 feet above what is allowed, and to have a total sign square footage that exceeds the maximum of 20 square feet by 20 squaze feet. (The combined area of the two signs is 40 square feet.) Please see the attached drawing for the design and specific location of the sign. II. FINDINGS AND STAFF RESPONSES Before the Boazd acts on a variance application, the applicant must prove physical hardship and the Board must find that, A. ~ There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adiacent lots or within the adiacent right-of-way which would substantially restrict the • effectiveness of the sign in question; provided, however, that such special, circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterorises. 2 f Staff Response: Staff believes the that Antlers has a physical hardship because of identification ' problems due to the location of the project at the lower end of West Lionshead Place. The large size of the building, along with the building's location, make the 20 sq. ft. size and the 25 foot height restrictive. Similar large condominium and hotel projects have previously received sign variances due to the special circumstances related to their projects. Some examples are as follows (additional sign area is the amount over the allowable): L'Ostello: 10 square feet additional sign area; 65' above grade; Radisson (formally Marriott Mark): 22 sq. ft. additional sign area; Evergreen (formally Doubletree Hotell : 20 sq. ft. additional sign area; 65 feet above grade. Holiday Inn:. 58.8 sq. ft. additional sign area; 40 feet above grade. Landmark Condominiums: 4 sq. ft. additional sign area; no additional height requested. The staff feels that the Antlers has similar conditions as the projects listed above, and therefore some increase in the combined square footage and height of the sign is warranted. The staff believes that the proposed sign is in scale with the building, is not excessive, and would improve identification of the project from West Lionshead Place. B. That special circumstances were not created by the applicant or anyone privy to the applicant. ` Staff Response: Special circumstances were not created by the applicant. C. That the granting of the variance will be in general harmony with the puroose of this title and will not be materially detrimental to the persons residing or working in the vicinity, to adiacent property, to the neighborhood, or to the public welfare in general. 3 Staff Response: Staff feels that the proposed sign on the north elevation is appropriate and ' consistent with other signs approved for projects of this nature and would be in harmony with the surrounding neighborhood. The proposed wall sign is to be the same size as the existing sign, and the staff feels it is in scale with the building. D. The variance applied for does not depart from the provisions of this rifle. any more than is required to identify the applicant's business or use. Staff Response: The applicant is requesting an additional 20 square feet of sign area beyond the allowable 20 square feet. Staff feels that the existing 36 sq. ft. wall sign on the . north elevation and the existing 4 sq. ft. free-standing sign will adequately identify the building from the north access point (West Lionshead Place). III. STAFF RECOMMENDATIONS ~ The staff supports the requested variance. We find that the increase in size and number are in harmony with the signs of the surrounding area. Variance requests of this nature have been granted to projects having similaz circumstances. We believe the request meets the variance criteria as described above, specifically criteria II A, B, C and D. In reviewing valiance requests of this nature, staff has tried to maintain continuity in our decision making and recommendations to the Design Review Boazd and Town Council. We believe approval of this variance would be consistent with past sign . variance approvals. - 4 is ;r `,4' • _ „•i . J 'r ~7' •T _ ~'.e •.sJ ~/S ' ~ • r~' • • .t • _ r _ • •i•~ •i ~ ~t - • • r t". ~A. • .'t;' • t • . :;.f r. ~ p•F F .i• .ice iii `i. •L?" S. rl 1` f "F ! t~ 'r 1 " . U i • t. • iii. ~F~'~i_~: ' -i" .ri.r.t' ' i.:' ~ l ~ ti - • k' .F `ti• ter. ~ • „ti i r .4 - 't • ~ ~S •`r'-' tv S - • E . - ~ n a 4,. ~s.. 4~; . _ - ! 1. I` N , t his ~ ~ t `t • "••i ( r• i •tiL • f.i•• . _ v+ r f • :•I . k~' .Y ' .,a'- i; is . % j•. 1•: • ~t t' ~ 'n. tltti :y::.::=- j{ 1:~. • :f• w l ~`leliEi ~{il;i.j;4 i~i 5:~~ ~ •t _ ~ i~ j fix. i * • •S t• .Y•••• • . 1 •i . ~rMV • • ? .•y`•~••a~•. 1 t ' , ~ v MEMORANDUM TO: Town Council FROM: Community Development . DATE: December 1, 192 . SUBJECT: Appeal of a DRB decision denying the request for a color change for the residence located at 1628 Vail Valley Drive/Lot 1, Warren Pulis Subdivision Appellant: JP Molyneux f:.{{{{{R: f'{x. .fii.<ta??A.:ra;9,•<?f.,'....•: •::::.::.:.e{urfi*:y.:r,.rr,:{.:r{{x{•r..::rrn::{{:<7.:•w;;!r;;::^L,kr,!^:.ufixax•, . ::Y•fi-^•.:.'•.`,.?.:fiY.C?c'r.?:{ {;r,.c..:'f';: yr;:;~:.+r, 12::?{~.'iN:~s!t~::W.^.Y{;:x..!.;+f! n:;::{ r....:.....,:.:..:•.::•:::,:::l.:rs.:•:;>:.;{{.{:rr::..:: • { :...c•:..:.....::..:.:.:::Y.•....c/ /f r ~~s:..>r~ r•:r ?~;~r... <•:,;{tt..y<,••,.,•,~,f.'~,..'.!..en••::.:,x: :s f^::. .:~.~n;~ ~ N,..:'.i:{.ii:^;,.:.. r..... r f...:}:: r:?{~::.v:.: //vn:; Nf^•...{{::n::ryl,. ;hAYl.. •T:>r:^.?.{!!.jl3:ji:~iix.:::.:.:ry: J.il,.h..:::. r .i:1:r.;::.'..... .~~~~~......;eTf 'fi"fl'~'J'Ji6ii6d6i~~~..'.%'o: fo:~eo%ddS.d~r'~`~ ••a:iwuw• oaiooa.:.9:f..^^. feoo "claSaeQd'o~'draeocbG': f:.'::: n~:i ~af~.i' '6dkGxoi;:i#,Siuao~ I. DRB DECISION On October 7, 1992 the DRB voted (3-1)' to deny the color change request made by Mr. Molyneux. The criteria ated by the DRB are listed below: Section 18.54.030 Desian Agaroval A. "No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, or other improvements of open space within the corporate limits of the Town of Vail unless design approval has been granted as prescribed in this chapter. The addition of plant materials to exiting landscaping, gardening, and landscape maintenance shall be exempt from this provision." B. "It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work which has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the zoning administrator and/or the DRB and the Chief Building Official." Section 18.54.050 Desian Guidelines A. "Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained." r Section 18.54.050 Design Guidelines C. Building materials and design 3. "Exterior wall colors shall be compatible with the site and surrounding buildings. Natural colors and earth tones found within the Vaii area should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly, such as upon trim or railings. All exterior wait materials must be continued down to finished grade thereby eliminating unfinished foundation walls....." II. BACKGROUND ON THE REQUEST On August 7, 1992, staff was notified that the house had been painted red. No DRB approval had been received for the work. Staff contacted Mr. Molyneux and he agreed to try to obtain DRB approval. The DRB discussed this item on August 19, September 16, and October 7. After the first meeting, the Board moved to table so that the applicant could consider alternative colors. Mr. Molyneux was present for the September 16 meeting. He discussed alternatives and proposed a compromise of a burgundy color. He agreed to have a sample painted next to the front door so that DRB could see it on the structure. After visiting the site and looking at the sample on October 7, the DRB voted to deny the proposal. Staff spoke with Mr. Molyneux prior to the October 7 meeting in a telephone conversation about some options which would help soften the appearance of the house. He committed to using a dark color of trim for the doors, windows, and fascia. Staff believed this would help break up the color of the house. Though the DRB discussed this concept at their October 7th meeting, there were no drawings or color chips they could use to evaluate it. - Attached to this memo are letters from Mr. Molyneux and some neighbors who are concerned about the proposal. ' - ~ S 1992_ _ R ~~~0 I Y l~l ~ a - L~ ARCHITECTURAL INTERIORS & DECORATION Town Council Members Town of Vail - 75 South Frontage Road Vail, Colorado 81657 .October 9, 1992 Dear Council Members; - s Please consider for your October 20th agenda a petitioh on my behalf to appeal the decision of the October 7th ' Design Review Board meeting in which they rejected-the proposal for a color change .of my residence .at 1628 Vail Valley Drive. Thank You, J.' olyneux 29 EAST 69T8 STREET, NEW YORH, NEW YORH 10021 8 (212 628.0097 FAX: 212 7 7 ( ) 3 6126 _~i~v h0~~ ~ 1~~2 .ti. Town of Vail ~ povenber 9, 1892 Planning Departoent ~ttsntion: Shelly Nello tie and®rstand that the ownexs of the property located at 1828 Vail Valley Drive (formerly Ben brueger'Q residence) have appealed the ruling of the TOV Design Review Board oonnernina the paint dolor for their duplex. Ne as the adjgeent property owner would like to express our ob~eotion as to the aolQr of barn rod. lie do not think it is appropriate Por the neighborhood. Ne built our duplex three years ago and abided by nil of the TOV rules and regulations. Me were required to raduoe the hei~Kht of our home 1.5 feet after it had been oane~truoted. This monitoring of our construotion fg for the benefit of the town. ke respeotfully request that the City Counoil reheats the appeal iron J.F. Molyneux. Thank you for your oonaideration. Frsnaes Dionee 1826 Qail Valle~q Drivs South Post-It" bland tax tr~amittant memo?BTt ~ ~.r v~ • 'i '~~c ~Y I ~E~C tO '"'"~Al l~V/N~' `'°~ewm Q~ V~l~.. ce. °i~LArJNIJJ6 DEI f "'10Dt ~/-t00 •Sy~OsSJ X661 g AON a,~ MEMORIAL RADIOLOGY ASSOCIATES a NORTHWEST MEDICAL PAVILION 1740 WEST 27TH SUITE 235 HOUSTON, TEXAS 77008 889-7333 J. M. MOODY, M.D., F.A.C.R. S. P. MCMANUS, M.D. D. D. LAWRENCE, JR.. M.D. J. C. RAMBEAU, JR., M.D. R. L. VILLARREAL, M.D. 8. N. SMILEY, M.D. F. M. REMBERT, M.D. D. L. WEILER, M.D. W. R. PFEIFFER, M.D. O. J. SUMERLIN, M.D. R. A. BRYAN, M.D. 8. C. DALTON, M.D. L. A. OESANTOS, M.D. O. K. HOUSTON, M.D. November 1992 Mr. Andv Knudtsen Town of Vail Planning Dept. 755 Frontage. Road Vai{. CO 8165 Dear Mr. Knudtsen: My home is located at ]547-A Springhill Lane. Within site of several of the rooms of my home is another residence located at 1628 Vail Valley Drive. This home was recently re- painted an unbelievable eye sore shade of red. The color of the home severely conflicts - with the natural heauiy of the environment. ]t is also an affront to the adjacent neighbors who have attempted to build homes that ~~~ould blend with and enhance the environment rather than severely detract from it. ~ ~ . Therefore 1 would like to file a conij~laint with the Planning Department regarding the ugly appearance of this Home and recliiest that the Town of Vail take action to have the owner re-paint the house in more esthetic colors that would blend and compliment the beauty of the environment. Thank you for your attention to this matter. Sincerely, rank M. Rembert, M.D. FMR/Itc . v'~ ,~~v, ~.1 October 1, 1992 Mr. Andy Knudson Community Development Department Town of Vail 75 S. Frontage Road West Vail, CO 81657 Re: Molyneaux Residence-Exterior Color 1628 Vail Valley Drive Dear Andy: As I advised you, I will be away next week and unable to attend the Design Review Board Meeting on October 7th. For the record, I would like to express my strong objection to the "new" color proposed by Mr. Molyneaux. When the sun hits the small area which was repainted it is difficult to see a difference from the existing red. Although I have in the past questioned the requirement that homeowners obtain approval when changing the color of their residence, this incident has certainly changed my mind. Mr. Molyneaux violated a Town Ordinance and painted his house red on August 7th and, as a result, - has imposed an eyesore on his neighbors and the neighborhood, especially now that the leaves have fallen and the house is more visable to those of us who live in close proximity. Furthermore, his response to the courtesys and patience both yourself and the Design Review Board have extended has been defiance and inaction. This has, as we feared, more than likely resulted in all of us having to endure a view of an unsightly red house all Winter. I would appreciate your sharing this letter with the members of the Design Review Board. Thank you for your consideration. incerely, ~ ' . Martin Abel 1635 Golf Terrace #27 Vail, CO 81657 ~ ~ ~1 . ~.J Z ~ ~ PROPERTY MANAGEMENT October 1, 1992 Mr. Andy Knudson Community Development Department Town of Vail 7 5 S . Frontage Road test vaii, CO 81657 Dear Mr. Knudsont Enclosed is a copy of a Memorandum dated September 29, 1992, from the Presidents of the four Vail Golfcourse Townhomes Associations that I am Managing Agent for. I also have received complaints regarding the color of the Molyneaux residence from various~Vail Golfcourse Townhome Owners and plan to attend the Design Review Board Meeting on October 7th to protest the proposed new color on behalf of all of the owners in these projects. _ . The letter from the Presidents of four Vail Golfcourse Townhomes Associations should probably be shown to the members of the Design Review Board. Thank you. Sincerely, Bill Sargent Managing Agent Vail Golfcourse Townhomes Phases I, II, III and IV P.O. Box 1292, Vail, Colorado 81658 /Crossroads Shopping Center 1143 E. Meadow Drive -Suite 391A 303-476-4300lFAX 303-479-9534 . r' Vail Golf course Tawnhome l~lssociations MEMORANDUM September 29, 1992 ' T0: Bill Sargent FROM: Len Busse President, Phase I ; Lou Gram President, Phase II Dave Zinn President, Phase III Jim Buncher President, Phase IV As Managing Agent of the Vail Golfcourse Townhome Associations, please attend the Design Review Board Meeting on October 7, 1992 and express our strong objection to the exterior color of the Molyneaux residence located at 1628 Vail Valley Drive. Each of us has had numerous calls and complaints from our Owners objecting to the exterior color as both unsightly and not in conformity with the surrounding neighborhood. Some of our Owners have expressed outrage that the owner was allowed to change the exterior color from brown to red without Town of Vail Design Review Board approval, especially in light of the fact that it took four weeks in 1989 for Phases I, II and III .to obtain DRB approval to change our exterior color from brown to the present gray. Bill, please inform the Design Review Board that since August 7, 1992 we have numerous Owners who have had to look at this unsightly house from their home or drive by it to reach their home. On behalf of 76 Owners, we certainly hope that the Town of Vail can do something to alleviate this situation before the Winter. LB, LG, DZ, JB _ _ ' X c ; re. ~ ,e v~ 'V~ POTICB OF 1.~.~IN(~ COLORADO ASSOCIATION OF SRI TOWNS December 10-11, 1992 VAIL, COLORADO The next CAST meeting will be held December 11th at The Antlers in Vail. Lodging is available at The Antlers for the special rate of $97.50 per night with each Town receiving one free room. Reservations may be made by calling the hotel at 800-843-8245. Please identify yourself as a CAST member to qualify for the special room rate and for tax exempt status. A block of rooms is being held for CAST and reservations should have been made by November 20th to guarantee your lodging. On Thursday, complimentary lift tickets are being provided by Vail and Associates. The lift tickets are to be picked up at the front desk at the Antlers. Please invite your Parks and Recreation Director or other appropriate Town Staff to discuss the construction and operation of ice skating rinks. A G E N D A Thursday, December 10, 1992 4:30 PM Legislative Tour Committee meeting at the Antlers (Meet in the lobby) 6:30 PM Reception/Cash Bar - Uptown Grill Restaurant (Please see enclosed map for directions) 7:00 PH Dinner at the Uptown Grill Restaurant Friday, October 9, 1992 . 8:30 AM Continental Breakfast - Antlers Hotel 9:00 AM - Parks Directors Work session - Antlers Hotel 9:00 AIYt CONVENE DECEMBER CAST MEETING - Antlers hotel 1. Call to Order 2. Consideration of Minutes 3. Welcome to Vail - Mayor Peggy Osterfoss 4. Reports A. Fiscal Report r B. Legislative Tour Report C. Colorado Convention Center Report D. Bicycle Colorado E. Tourism Conference - Park City • 5.. 1992 Ballot Issues and 1993 State Legislative Report - . Sam Mamet Larry Rallenberger ` . 6. Affordable Houainq related to House of Representatives Bill 4971 - c/o Carr Runze T. Committee Reports A. Ground Transportation - Stapleton 8. Colorado Tourism Board C. Legislative Committee 8. Lunch Meeting a. Park Directors Report b. Amendments 1, 2 and 6 - Impacts and strategies c. Video for Legislative Tour 9. Communication and Other Business ADJOURNMENT DR3/emw•• castmtq. val, _ ~ ~ ~ h~ p ~ .,rte o~ ~ ~ J o a~ Mt~;tR~ott' ]5 $a r~~ ~~7y~~Si~` j 1~, ~ ~1'~ ~ ld~stt,~d ~P ~t s ~to~•tit#~"~~ 4}ra.arr ~ , FiCa~~c"` f CCl s~! -r r-- M ~ i/ , ~r ~R ~ ~ A ~ i 1 COLORADO ASSOCIATION OF SRI TOWNS ASPEN, COLORADO OCTOBER 9, 1992 MEMBERS PRESENT BENNETT, John - Aspen BLACK, Elizabeth - Frisco BLACK, Paula Cooper - Steamboat Springs BROWN, Clay - Fraser COLLINS, Mark - Grand Lake COLSON, John - Aspen CRANK, Bill - Crested Butte EFTING, Bill - Aspen EGGER, Virginia - Telluride FISCHER, Elaine - Telluride HAMILTON, Virginia - Mt. Crested Butte LeVINE, Rob - Vail MARGERUM, Amy - Aspen MARTINEZ, Gary - Breckenridge PENDLETON, Margot - Aspen PHILLIPS, Ron - Vail _ _ RADEMAN, Miles - Park City, Utah RAITANO, Florine - Dillon ROGALSKI, Vincent - Mt. Crested Butte SCHMIDT, Jim - Crested Butte SHEARER, Jim - Vail SHEPHERD, Conner - Grand Junction SHRUM, Daryl - Winter Park SIMMONS, Bill - Dillon STEINBERG, Thomas - Vail SUITER, Gary - Snowmass Village TEVERBAUGH, Nick - Winter Park VARLEY, David - Silverthorne OTHERS PRESENT GERSTENBERGER, Jan - CML JEFFERS, Steve - George R. Baum LUECKENHOFF, Rennetta - CSCUSA MATTOX, Vicki - George. K. Baum PINNEY, Evelyn - Vail ROZMAN, Lois - Crested Hutte FINANCE DIRECTORS BARWICR, Steve - Vail EVERHART, Dallas - Aspen LAPPI, Ron - Grand Junction TAYLOR, Don - Breckenridge TRUJILLO, Rarl - Mt. Crested Butte ST - Aspen TOBER 9th, 1992 GE 2 Call to Order resident Nick Teverbaugh called the meeting to order at 9:00 a.m. Cpnsideration of August 14th, 1992 Minutes he August 14th, 1992 meeting's minutes were presented for approval. The only correction was at "grand transportation" should have read as "ground transportation." A motion to approve e minutes as corrected was made, seconded and unanimously approved. Host Welcome hn Bennett, the Mayor of Aspen, welcomed the CAST membership to the community. John phasized that it was very important for the membership to work on common issues and ncerns. Articles of Association and Role/Mission of CAST ick Teverbaugh indicated that the Articles of Association were in the packet and one concern s how the membership rendered decisions in terms of plurality. The conversation focused how the membership reached consensus primarily pertaining to how resolutions are passed. to Raitano stated that it was very important that all members attend the meetings and those mmunities absent should have no standing to question decisions rendered by those in tendance at CAST meetings. Virginia Egger stated that all resolutions should be submitted the membership well in advance of the meetings. Nick Teverbaugh indicated that all - solutions would be submitted to the membership at least 30 days prior to any scheduled eting. n Phillips stated that in the past consensus was reached by member municipalities staining from voting when necessary and with those abstaining not fighting the particular sue. Conner Shepherd indicated that when several municipalities were opposed to a CAST sition they could formally take a minority position. Gary Martinez indicated that minority sitions would make the organization look disorganized and he is opposed to minority sit ion papers being drafted. Daryl.5hrum indicated that CAST has become a recognized atewide lobbying organization and the membership needs to be more sensitive to the clout at the organization has gained over the years. 'll Crank and Gary Martinez indicated that they support the informal consensus methodology e organization has used in the past. Nick Teverbaugh stated that the organization may want develop a mission statement but, generally speaking the membership did not appear to be pportive of this work program and felt that the Articles adequately express the goals of e organization. Gary Martinez stated that the membership needs to more accurately define e scoge of work that needs to be undertaken. Amy Margerum and Virginia Egger re-emphasized eir previous stance that the organization should not be involved in marketing programs. b Levine stated that what CAST has done in the past is lobbied for marketing by making lected groups and organizations mare aware of CAST and the need for marketing than actually dertaking the marketing activities. Rob Levine stated that marketing should usually be meone else's responsibility. rginia Egger stated that the organization needs to become more involved in drafting gislation, maybe in association with the Colorado Municipal League. Virginia emphasized at legislation might be appropriate in the areas of transportation and housing. Elizabeth ack recommended that a legislative committee be formed which would essentially develop aid aft legislation and/or position papers discussing various issues. The following pea_r.'° lunteered to serve on the committee: Elizabeth Black, Virginia Egger and Gary Martw~ez. summary, the group decided that the membership would continue to strive for consensus by taininq unanimous decisions when possible. x. ;AST - Aspen CTOBER 9TH, 1992 liGS 3 REPORTS A. Fi;acal Revort A fiscal report was included in the CAST packet. Daryl Shrum gave an overview of CAST's financial position and no questions were asked from the membership. Nick Teverbaugh explained that the communities hosting the CAST meetings would be responsible for paying for the Friday morning breakfast from now on. B. Colorado Convention Center Ron Phillips emphasized his appreciation to the membership for appointing him to this task in his absence at the meeting in Winter Park. Ron Phillips reported that he has been in contact with Bob Knous and that he will continue to work with Bob this Fall concerning the available space at the Convention Center. C. 1993 Legislative Tour Nick Teverbaugh made the follgwing report from the Legislative Tour Committee: 1. It is very important that more legislators are informed about CAST issues and in the past it seems like CAST has given the same story to the same legislators. 2. The committee recommends that a CAST meeting be held in Denver in April to attract a different group of legislators to discuss pending legislation. This would be in addition to the Legislative Tour and would require moving the April meeting from Grand Junction to Denver. 3. The committee recommends that the format of the Legislative Tour (scheduled in Avon/Beaver Creek for January 22-24, 1993) should be restructured as follows: a. Friday evening, the Colorado Association of Ski Towns and Ski Country USA would undertake brief formal presentations which would provide a better structure to introduce the legislators to the working purpose of the Tour. b. The Friday night dinner would include all of those in attendance instead of the typical Friday night breakouts to various restaurants in the host community. On Saturday morning, those in attendance would be broken into four or five smaller groups to talk about specific topics. The working session Saturday morning would last until noon. c. Saturday afternoon could be used as free time and the legislators would be taken to various restaurants Saturday night with Ski Country and CAST members hosting the legislators. d. Beginning on Saturday afternoon and throughout the weekend shuttle buses may be available to return the legislators to Denver if they decide not to stay for the entire weekend. e. Sunday would also be used as free time for the legislators if they choose to stay for the entire weekend. Clay Brown indicated that it might be more appropriate to have the presentations after dinner instead of before dinner on Friday night, due to the possibility that legislators would not be in attendance at the outset on Friday evening. The membership unanimously agreed that the above listed recommendations by the legislative tour committee and as presented by Nick Teverbaugh be pursued. SST - Aspen ;TOBSR 9th, 1992 ~,GB 4 se committee also recommended that the video presentation should be on a VHS cassette in tder that all the legislators not in attendance. could be mailed a copy. The slide shows one in the past are difficult to transport and use in other places. Nick is working with :ak Productions in Winter Park on preparing the video, which is estimated to cost between 1,000 and $8,000. A questionnaire was handed out concerning the video and all members are return this information to the Town of Winter Park concerning video materials as well as epics that the membership would like to see emphasized in the VHS presentation and items for lscussion on Saturday morning at the Legislative Tour. Nick stated the importance of siting the script prior to engaging the services of Peak Productions and Jim Schmidt ~lunteered to help prepare the script. Gary Martinez recommended that Nick or Daryl contact ch Meredith who has statistics concerning the importance of tourism as well as skiing to e State of Colorado. Rennetta Lueckenhoff stated that John Lay had not been informed of e proposed format changes to the Legislative Tour, although she did not anticipate any ncerns.by Mr. Lay. D. Bicvcle Colorado After much discussion, a motion was made by David Varley and seconded by Daryl Shrum to donate $2,000 to Bicycle Colorado. The motion passed unanimously by the membership. E. Report on Public Land Officials' Meeting Miles Rademan recently attended a public lands officials' meeting and indicated this was a prime opportunity to work with an assortment of federal agencies concerning the importance of tourism to local economies. Apparently, a variety of federal agencies _ signed an agreement at the meeting that Miles attended to insure a stronger public/private partnership, especially pertaining to tourism development. Miles recommended that Ed Nestlerod with the United States Forest Service be contacted to obtain more information concerning this subject. Miles indicated that it was a very exciting time and that there should be a strong possibility of CAST members creating better partnerships with the federal agencies. It was decided by the membership that more information concerning this topic would be discussed at the next meeting and representatives from a variety of federal agencies could be requested to attend a future meeting. Paula Black stated that Steamboat representatives have been meeting with a variety of federal agencies in Washington, D.C. to promote specific projects and to obtain Federal funding. GISLATION AND BALLOT ISSUES A. Privatization Jan Gerstenberger with CML gave an overview of pending privatization bills that will likely be introduced this next legislative session. She emphasized that Tim Foster will undoubtedly introduce another privatization bill that the Municipal League will most likely oppose. Jan Gerstenberger also indicated that the legislative session will be very short this year, running from January 13th through May the 12th. B. School Finance Act A letter from Gov. Romer to the membership was passed out supporting Amendment 6. Jan expressed her displeasure that the Governor did not coordinate his proposed 4$ sales tax with municipalities throughout the State. Flo Raitano made a motion to pass a resolution opposing the State raising the sales tax from 3~ to 4~ for educational purposes. It was agreed by the membership that the word 'restaurant' would replace the word 'food' and the word 'inherent' in the resolution would be stricken. Ron Phillips seconded the motion which passed unanimously with the exception that Aspen abstained from voting. x .,r . , . _ _ . _ T - Aspen SER 9th, ].992 E 5 COMMITTEE REPORTS zabeth Black and Ron Phillips respectfully gave short presentations concerning Gzound nsportation at Stapleton and the Colorado Tourism Board. PANEL DISCUSSION ve Jeffers and Vicki Mattox from George K. Baum; Dallas Everhart from Aspen and Steve ick from Vail made a very comprehensive presentation concerning Amendment 1. There was h discussion concerning the impact that Amendment 1, would have on all the CAST icipalities as well as local government in general. Vince Rogalski made a motion that k and Daryl prepare a resolution opposing Amendment 1, which was seconded by Elizabeth ck. The motion passed unanimously. re being no further business to discuss, the meeting was adjourned at approximately 2:00 The next meeting is scheduled in Vail on December 10th and 11th. pectfully submitted, yl K. Shrum retary/Treasurer /emw stmins.109 ' - • p'f'~t~fC~fai1S " September 28: 19`32 Nick Teverbaugh Colorado Association of state Legislators Dear Prick, Thank you for considering us to produce a widen tape for the Colorado Mate Legislative tour scheduled for January of 199:3. As we disr_tzssed in czizr meeting last week I really feel a video presentation would have a cg.reater impact and impression on all viewers of this prnr~ran. In utilizing the advantages or video we could also include different interviews with various key individuals from several mountain towns commenti.ncr t;n the concerns the commzznities are racing. These interviews could be strategically placed throughout the program. This would ,rake the video more personal and create a stranger connection with the audience. In the budget enclosed I have included 1.5 days for shooting footar~e that would be needed. We also have an extensive stack footage lih.rary of Colorado scenery activities that would help tremendously in not having to travel & shoot as much rootage. vn this production, I would rot charge for the use or this footage. This would also help in reducing the need to use many or any slides. Ir yalz c:'~nc;se to use slides & oat shoo: any footage you will save S~tTiP_ iilOii2 i r:]~~ t!'le r'itlug2 t , l aLipro::liriately ~~JU ~ Z~ou WOn ~ t save the rizi.l cast of shooti;~g "recause of the transrer time needed to get ti'.e slides on tape a:~u the additional time required to edit the slides. I persona:t.ly don't feel the savings is worth the less of the visual impact . un the other end, we could shoot for several days and travel to many towns across the state to give an extensive representation of the needs. This plan would increase the budget from one to three thousand dollars depending on where we traveled. Providing Production & Programming to the Television 8~ Film Industry Since 1977 255 Washington Street, Suite 103 P.O. Box 329 Denver, Colorado 80203 Winter Park, Colorado 80482 Ede can discuss these alternatives when we meet again and talk about the program format. Nick, I know we can produce an e::cellent quality program that~is informative and thought provoking to fulfill your needs. i look forward to the opportunity to work with you on this project. Si ere y, ' Jim n erso Pr - cer~Director r x= Y~ PRODUCTION ESTIMATE FOR i aHE COLORADO ASSOCIATION OF STATE LEGISLATORS ~ + PRODUCE A SEVEN TO TEN MINUTE VIDEO PROGRAM: i8-PRODUCTION: Scripting services $ 250.00 i Producer/Director services; includes planning, scheduling & research or stcc:: footage sources. 300.00 Sub total $ 550.00 20DUCTION:1.5 days location shooting, Betacam format Producer\nirector services $ £i00.0U Production Eauiament & two man crew 1500.00 Tape stock - S tapes td $22 per 100.00 Per diem 'IO.OU Travel, mileage and gas expense 75.00 Sub total 2545 00 OST-PRODUCTION: Pr~ducPr%Uirectar services £300.00 k Screen & log footage - 8 hours at $40 net hr :310.00 c:ompt:ter t~ranhics ac titles 350.00 On-line edit - 20 hours $100 per 2000.00 Music license 300.00 Narrator - record & edit :350.00 • Stock Footage - teak ~ N/C Edit .master tape ~c sub master 75.00 ~ Sub total $ 41~.~5.00 Total $ 72~~0 . QO additional Shooting at legislative meeting: Taping at question & answer session b00.00 Editing of selected questions 400.00 Total $ 1000.00 ~en~~~s ~ eenyM-[~N/7/~s ~Nra 78ctR/sM- ~9a ~ , eeN~~ReNee PARK CITY, UTAH ~ JUNE 3 - 5, 1993 CONTACT: Myles C. Rademan (801) 645-5017 November 3, 1992 Mr. Daryl Shrum, Manager Box 3327 Winter Park, CO 80482 RE: CAST participation in the ICMA Communities & Tourism Conference in Park City Dear Daryl: I would appreciate you putting a discussion item on CAST's December agenda dealing with CAST's role in the ICMA's Communities & Tourism `93 conference which will be held in Park City from June 3 - 5, 1993. - This wilt be the sixth annual resort cities conference sponsored by ICMA. Former conferences have been held in Hilton Head Island, Jackson Hole, South Padre Island, Palm Desert and Virginia Beach. The conferences have been very well organized, but not particularly well attended. Part of the problem has been the difficulty of economically getting to some of these resorts, in addition ~to the recession. In agreeing to sponsor this year's conference Park City made a number of suggestions to ICMA aimed at increasing attendance: 1) broaden the program and appeal so that all cities interested in tourism as an economic development strategy will feel comfortable attending; 2) promote the conference early and often to as wide an audience as possible; ~;nd 3) involve resort professionals in the conference planning. I believe that ICMA is in full concurrence with these recommendations and as conference coordinator I am proceeding with the conference planning based on them. I think that CAST and its members has a pivotal role to play. While the conference must appeal to resorts of all stripes, there are few groups with more collective expertise than CAST in managing resort communities. I am in the process of identifying issues, topics, speakers. and panels and would like CAST's help. I have already identified some potential topics: 1) Last Great Places: the scramble for the good life. Demographics, w. their social implications, and questions of equity in resort comet From resorts to enclaves as the bright, white, fright flight takes hc;;,. . What are real estate agents marketing and is it good for your comn"~~:~-~>>~; 2) No Resort City is an Island -the Hong Kong Factor: influencing your county and state on issues of mutual importance, such as school financing, growth and environmental issues, tax limitations, etc. 3) Growing your Industry: are partnerships really viable in an era of mutual distrust, and do you really understand the mechanics of the business you are in. 4) Airlines: hostage to transportation, price wars, and potential new directions that are emerging in packaging, etc. 5) Unholy Alliances -Organizing Yourself for Success: Chambers, Visitor Bureaus, Economic Development Commissions, Downtown Alliances, etc. and their relationship to municipalities and the tax base. 6) Media & Resorts: how the `lifestyle' and `celebrity' media (Snow Country, Town & Country, Conde Nast) covers resort life and issues. How the local media covers or creates controversy. (We will invite editors and reporters from all the resort communities to participate in special sections on these issues). 7) Resorts & Tourism in the 21st Century: looking at mega-resorts, festival marketplaces, giant-entertainment malls, gambling, new recreation and sporting. trends, eco-tourism, cultural and historic tourism - - and other trends radically transforming the resort and tourism landscape. 8) Public Lands -New partners or Competitors: what the new outlooks of federal land managers might mean for municipalities dependent on public lands. 9} Tourism as Economic Development: are you a resort community or is tourism just one more arrow in your quiver of economic development strategies. How you think of yourself is how you market, package and develop yourself. 10) Infrastructure and Attitude: they go hand in hand.. Your city needs both in order to succeed in a competitive environment, but these two vita{ . factors are often viewed in isolation rather than as complementary. I am certain there are other issues, but these ten broad topics cover a multitude of concerns. What 1 am most interested in is promoting and showcasing synergy, innovation, and iconoclasism. What really works, and what's been over-done. What new issues and directions hold real promise and which trends spell trouble for business as usual. I hope that CAST can become a cosponsor of this conference in name, that you will make suggestions and offer to sit on panels, and that you will support it by attending and urging others to attend. 1 expect that a fair amount of national `lifestyle' media will attend and that we can aii get our messages across. Please discuss these ideas at your meeting and get back to me. f would also be pleased to hear from each of you individually, as well as an association, with your ideas for topics and potential dynamic speakers. I must act quickly to publish a program agenda. Again, I think that CAST has been the most organized and forthright group representing the resort municipalities in this country. It is time to take this expertise and practical wisdom and make it available to a much larger audience. Have a great meeting in Vail and I hope to catch up with you all soon. Best wishes prosperous winter, f ~ _ Myl C. Rademan Conference Coordinator Director of Public Affairs P.O. Box 1480 Park City, UT 84060 - cc. Beth Miller, ICMA OV-17-92 TUE 10 58 CML FAX N0. 3038608175 1991 n,~, rnht>rvT Oh'E, TnBC~It TAX Lib1lTA7'lON Y8S NO % Yea DilfaRrtCtt 'X Yu El Ptao 107,345 51,718 687496 519,230 Tellas 67.71!6 Adams 63,339 38,189 62.3996 1,150 F! FnJO 67.7096 Mess 29,510 14,793 66,5196 I4,717 M<sa 66.6196 . JelYcrson 115,836 101,372 J3,S3R 14,464 Etb.R 62.7d4 Pueblo 32,729 12.109 19.6895 10,620 PrertMM 62.174 Douplaa 17,132 13,012 16.7296 4,060 ASans 62.39% Arepaha 90,207 86,227 51.1396 3,980 Delta 62.37X Ftentent 9,189 S,49b 67.1796 3,691 Montrose 61.1696 htorurote 6,376 4,367 61.16% 2,309 M.'.n~:rtma 60.6196 Delta 6,301 3,806 62.39% 2,501 Pa1•>r 60.234 Teller 4,608 2,197 67.7I96 2,411 PuaL•lo S9.6d% Weld :6,881 25,055 11.7195 1,615 t"ii!p~n 18.14% MonleLUCna 4,•190 2,917 60.6596 1,379 G!:e 16.9356 Elbert 3,273 1,942 62.18% 1.333 Dnu;l+a 36.7236 Garfield 7,354 6,311 JJ,82:6 1,041 Us Arilru 11.9596 Park 2,515 1,151 64.23% bS4 6tofla: 55.9596 L pLta 7,926 7,Its4 12.324 762 Curce SS.:s'.6 Gta Mintsa 3,389 2,668 51.95x1 721 Chcytrans 11.44% Mofi'it 2,184 1,192 SS.91% 592 Gar ic:d 13.82"6 Pilkin 7,741 ),3C9 J3,14`G 438 H~r.~'d.;!o 13.S6s6 Lskt 1,619 1,225 J6.?3R 394 1ei?er-on J3.J3% C1:ar GeCC 2,]31 ?,044 13.23!6 257 C!cx[ Crcak SJ.2d X Gi!pin 1,003 722 59,14;1 281 H1.ufl.no 53.1d'6 HucrFino 1,454 1,:80 15.1536 174 Pitkiv 53.10'1 Cuslcr 739 509 SJ.4Q96 150 UUlo,ua 52.13"6 t Cheyenne 637 312 51.4-f?i lZS L P(::a 12.5296 - Archuleu 1,378 1,277 51.9096 301 aur~y S1.9T`.1 Ouny 784 725 11.9:x. 58 .ltau:lts 51.9(:'6 Kit Gtson 1,753 1,702 54.74:6 S1 W.1d 51.754 aoler:s 401 3b! 52.1SK 42 Ar:pshc;a 11.13311 HinaAe!e 249 IIS 33.5656 33 Y+,it Garr..:n 50.7,'7 Conejos 1,6;0 1,580 JD.4?96 30 Crr.~;os 50.4796 ~V„hincton 1.253 1 ~d4 _30.31,'6 ~~~,1l1,~1§,~, tit'p,;lr ;rp,n JO..iN?6 Ss;usche ]G2 368 49.3ss16 (6) Latia~ct 49.89`•6 Ssnlvan 217 :.32 48.3396 (!S) 1a2+,~lcl:e 491576 Miner! 205 2:32 16.91'X (27) C7:af~ee 49.11'x1 Coslilta 631 654 47.98% (S3) T,t•tr~an 49.8%9: Lincoln 1,102 1,119 48.7436 (S7) t.in.cln S~hal1'c: 3,nn7 3,067 19.115 (6C) Qutl:iion 48.iD% fnckson 425 4y7 •46.1096 (72) Srn~:an 4d.31Ti Ceawiey 535 123 46.5396 (8S) rri::d 411'.2196 Baca I,l7b 1,293 47.63% {117} lgoi)rs+Ae ,e.US3G Kiowa 4]] 5E3 43.41'.6 (130) C~sr.lfa 47.9396 C~rni.+oe 2,6'4 :,817 4d.lU`.1 (1•t3) Pwu•en 47.89% 9,nt 1,36 1.160 •rG..rJ9: (134) Eaca 47.6196 h9or;ln ~ 4,(id 4,272 +9.07x1 (156) E.+i7;e •/760'L Rio Grande 2,(1`73 2,163 4+4.058 (176) L~sn 47.0^6 Sed;wick 438 529 42.1396 p71) 61i1tcral 46.91 x Grand 1,]25 i,d79 49.21 x (173) Cn~w~ley 4:5..'r5 R Pnrvrn 2,384 2.594 41.S9z (210) BoM 4d.4S% I.arin:cr 4A,97d 49,191 49.59!6 (.13) Rio Blet:so 46.-,1696 Rio htenca 1,279 1,492 46.16`.41 Q13) 1s:~acq 46.IC76 Philips 9RS 1,201 41.06!6 (216) 5un•.mit 45.90% san btijuel 880 1.104 41.55 96 (221) t1o.1!dcr 41.71 K ' Yuma 1,9A2 1.39E 41.7176 (436) Plsil spa IJ.rtS'X ta8an 3,636 4,319 47.0491 (483) Alamos 41.9556 &bio 5,001 S,SiO 47.6496 (505) Arun I4I.d09i Alamota 2.182 2,90! 45.0596 (5211 1'uilu d1,7S96 ' Summit 3,764 4.437 /1.9096 (671) 5sn Afiyvcl N.fJ1G Ruun 3,136 4,357 44.60% (621) Dmcver 41.2751 O,aro 3,]07 4:97 43.4s96 {990) Qte1o ,/1.4991 tdouldce 57,161 67,911 45.7196 (10,744) 10awa ~T.1776 1,lelricf b1t.6J,,~_I11159T 621 (10.8221 ~dtwtc 471 ' rr'aTNTnTAL 10~~'~1>;~~4~ o95.A47 53,68"6 110.794 110,394 5T~TteTt7fAL Jditd7C OV-17-92 TUE 10:59 C19L FAX NO. 3038608175 F. 04 AMENDMENT ONE 1992 60% "s"'t:,.~ ),fS!i1f Jam .,r:.•`.•:,'?.^,.?.<;._:"Z'.':^'~' r 5atl^v. ;.ti:. iRpulk +Cf1 Ldf1]:Yr Leg an 1Ck •.r. t aif ( !r (EEFFEE ~v C Yt N .a. Grand tbO F}!w n 0 . 6A!lydf ''L. i:.ti i.; Y•_ 50-60% Y'.yi. tics' Y ~rT`:7•~: Y 'IT q :•4 . ktM1 r1lT l •C W is • vr' - yl.• AI't ` 'Y .:w :.i•; x 'a "y . •:I1`1~h ~Y~- 'f f.rtt eaft}t1'~Y ~ f .::'•.;-';:•':5}ri 1:.fY:a.i„I;)'^ ?.T]?7S':Il ~...,4, e,a 1`yr.' iq}..h- V'tF"}ii.^.a;:>i ~~~t 50 J ~ ~ S. 7^{J~ .6 liynf..j . V?S•`~~ F is IRY Y't i,r'. alJ'; w:~c duKe• '.~`tw+"k:?-~f:r.F. Alnr Sd ~lf:i'`.11Y M .1.,a, ~..M;. r• : ..Jyr . 87[1 F'r554df Mara xi~ M~wr01 . ~ ~ ` it al .er.:::•.: I Gr&ido Nano ea EL~ca `J n .w t CPEC Yl zz- ;r,,d17;i'{I:..a. fir:. .1^, • • >S ?~i.~ :!X11/92 . µ gyn. v ~::Yr •JI J u•rl._r/ L W T0: CAST Municipalities FROM: Nick Teverbaugh, President RE: Amendment 2, Proposed resolution to be considered December 11 in Vail DATE: November 23, 1992 . At our last meeting we agreed to send resolutions out at least 30 days prior to their consideration at a regular meeting of CAST. With the current level of publicity on the passage of Amendment 2 and its effects on reservations in our communities for this ski season, there is an interest in passing a resolution at our December 10-11 meeting in Vail. While we do not have a resolution drafted and expect the language to be finalized in Vail, please have your councils consider whether they feel that it is appropriate for CAST to pass a resolution expressing concern about the passage of Amendment 2 along the following lines: - We're deeply concerned with the passage of Amendment 2 by the voters of colorado since we do not feel it fairly represents our continued committment to equal and exemplary service and treatment for all our guests and residents. - Colorado's Tourism and Guests Services leaders, including CAST municipalities, were virtually unanimous in their opposition to the need for Amendment 2. The 10 key mountain counties in CAST voted in opposition to Amendment 2 by nearly a 60:40 margin. - We are actively supporting several administrative and legal remedies currently underway to overturn or significantly modify the perceived impact and interpretation of Amendment 2. - We will support the repeal of Amendment 2 at the earliest opportunity (probably November 1993)-. - We continue to consider Colorado's Ski Towns to be tolerant, accepting and free-spirited. We are confident that, despite the unfortunate passage of Amendment 2, visitors to Colorado will continue to experience safe and memorable vacation experiences in our communities. - We do not believe that the vote on Amendment 2 has or will overturn Colorado's longstanding reputation for or committment to welcoming millions of travellers annually to Colorado and offering truly memorable experiences. If you have concerns about a CAST .resolu,t.i on nl.on.a these lines and are nit ?ble to attend the CAST meetins~in Vail. December ir~_ 11. please contact Daryl Shrum at the Winter Park Town Hall 72,[i-8081, P O Box 3327 , Winter P~~k. CO _ 80482 ~ with your conce~cns and they mill be presented at the meeting. RESOLUTION NO. 22 SERIES 1992 A Rt=SOLUTION REAFFIRMING THE VAIt. TOWN COUNCIL'S BELIEF iN E©UALITY l=OR ALL tNDiViDUALS AND EXPRESSING ITS OPPOSITION TO THE 1992 AMENDMENT TWO OF THE COLORADO STATE CONSTITUTION. WHEREAS, the Vail Totivn Council believes in equality, tolerance, and acceptance for individuals oI all races, gendors, religions, acrd sexual orientations; and WHEREAS, we believe in fairness and non-discriminatory treatment for all individuals with regard to public sorvices and functions, Including er;~playment, housing, and accomrnodations; and WHEREAS, the Vail Town Council is deeply concerned with the passage of Amendment Two by the voters of Colorado and we do not feel this measure fairly represents our continued commitment to such non-discriminatory treatment for ail guests and residents of our community; and WHEREAS, the Vail Town Council is concerned about newly enacted Amendment Two's - apparent conflict with the 14th Amendment of the U.S. Constitution and the Herne Rule Amendment of the Colorado Constitution, and Is concerned about the attack of Amendment T+fJ~; on the power of municipalities and local voters to determine what Paws are appropr's~~'.~ communities; and WHEREAS, Vail voters opposed Amendment Two by a margin of 66°l0, and EagIQ County voters opposed Amendment Two by a margin of 6i%, and rve continue to consider Vaii and Eaglo County to be tolerant, accopting, and non-discriminatory Uy nature. NOW, THEREFORE, SE IT RESOLVED by the Town Council of the Town of Vail, Colorado as follows: 1. That the Vail Town Council unanimously expresses its opposition to the recently approved Amendment Two to the Colorado State Constitution; and 2. That tttp Town of Vail will work and support the efforts to see that this Amendment to the Colorado State Constitution is repealed. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTEt) this o~~~day of l~lcvrt-nls~r, 1992. . CITY Or ASPEN • ,RESOLUTION # Series, 1992 EXPRESSING THE OPPOSITION OF THE ASPEN CITY COUNCIL TO • AMENpMENT 2, WHICH ti•~OULD LEGALIZE DISCRIMINA^s ION ON THE BASIS OF SEXUAL PREr^ERENCE WHEREAS, The voters of Colorado will be asked in the November, 1992 general election to vote on an amendmen4 ..to. -the Colorado State Constitution which would alloca discrimination; and WHEREAS, Amendment # 2, proposed by a group calling itself "Colorado For »anily Valuss", would prohibit local regulations which provide civil. rights. LO all, regardless of sexual preference; and WHEREAS, the voters of the City of Aspen has passed legislation which extends basin civil rights to all people ~in the areas of employment, public acco;~modations~and hausir~g: and WHEREP.S, tr.Q effect of Amendment # 2, therefore, would be to legalize discrimination in P.spen on the basis of sexual orientation; and . WHEREAS, the City of Aspen, as d home-rule City, should be abl4 to pass laws and regulations ;which reflect the ideals of our co:~unity; and A'HEREAS, di scrimir.ation is ur,accepta:ole in' our sac.i~ty, inconsistent wit}: Aspen's camnur.ity values and ddstructive to the lives of all people. NOF~, THEREFORE, $E IT RE54LVED BY THE CITY COUIrrCIL OF THE CITY OF ASPEN, COLORnDO tr.at; the Aspen City Council opposes discrimination an the basis of sexual vrisntation, opposes limits on home rule communities' rights to outlaw discrimination and o?~poses limits cn citizens' rights to initiate anti-discrimination ordinances and urges all nerbers of the Aspen community to loin in o~:position t1 Amendment ~2, 4:hich will appear on the ballot of the Navenber, ? ~:%'~.3 general election. ;ur • FURTHER, the Aspen City Council reaffirms its uncompromising corn:nitment to the protection of human 'rights for all peoples, and ' calls upon al]. other communities to join in demonstrating their support for human rights and equal protection under the law by opposing Amendment #2 INTRODUCED, READ P.ND PASSED THIS 24TH DAY 0r SEPTEMBER, 1992. ` BY: ATTEST: ,70HN S. BENNETT, MAYOR KATHRYN KOCH, CITY CLERK ',.y • ~ - ociation_. lorado Ass Co f ki Towns oS Governor Roy Romer State of Colorado I36 State Capitol Denver, CO 80203 Dear Governor Romer: Thank you for providing us with a summary of your thoughts on the Colorado Children =first Initiative for our discussion last week in Aspen. As you can see from the attached resolution, we do not agree that the use of a statewide sales tax increase is an appropriate means to accomplish our mutual goals of quality education for Colorado and adequate, as well as equitable, funding for education. yiany of our :municipalities receive little, ii any, state money for R-12 education, on the one hand, and live and die by our ability to collect sales taxes from our guests on the other. In addition, our schools generally require a higher per pupil allocation to provide the same level of programs due to their rural nature and location in high cost of living areas--facts which are not taken into account under the carrent Public School Finance Act (1988) or under the proposed Amendment o. Amendment 6, to our ;municipalities, means an increase in our property tax to provide the additional school funding and an increase in the sales tax we charge our . _ guests. _Tn addition, we do not receive any of the additional sales taxes raised in our communities to solve the problems in our own schools. If amendment o' passes, we would like the opportunity to discuss using part of the $50 mullion incentive fund to help our school districts overcome the problems :mentioned above until the allocation formula can be revisited. If ~umendment 6 does not pass, we will work with you to inform the legislature that our opposition is about the source of funding and is not a mandate to cut the current level of funding for schools. It is our desire to •aork •aith you to accomplish the goals o= quality education and adequate, equitable funding and we would like to be part of the arocess, regardless of the outcome of ~:ze ~~ote on amendment 5. Please feel free to contact me if you have any fur.her :llestions on this matter. Sincerely, ~ i Nick Teverbaugh President October 22, 1992 Vote: :!ailing of this resolution is at my _ersonai axpense and cues not ~ltilize public funds. MEMBER MUNlClPAUTIES Aspen .Avon • Blue River • Breckenridge Crested Butte • Dillon • Durango • Estes Park .Fraser . Frisco • Glenwood Springs • Granby • Grand Jurc' Grand Lake • Gunnison • ML Crested Butte • Nederland • Silverthome • Snowmass Village • Steamboat Springs • TeNun~~` k . P 0 Sox JJ2', ~ ;hinter ?arC,-- CO 80482 r ( 303) ; 26-081 ~ Denver .a1 I II ~ • Colorado 1 n oc atlo ss of Sk 1 To~rns A RESOL(3TZ02i OPPOSING THE PROPOSED A.*SENDMENT 6 TO RAISE THE COLORADO SALES TAX FROM 3$ TO 4$ 'rIHEREAS, the proposed Amendment 6 is on the November 3, 1992 Statewide election ballot and is for the general purpose of education reform; and WHEREAS, Amendment 6 would increase the Colorado sales tax rate from 3$ to 48 to raise approximately $320 million in new revenue for elementary and secondary education; and WHEREAS, the combined state-local sales tax rate in Colorado is among the highest in the nation; and W'riEREP.s, increasir.y t^e state sales tax rate will be economically harmful to municipalities, counties, a::d otter local governments which rely primarily on local sales tax revenue; and F7I-LR.EAS, the touris:~ ind~.:stry is very ir.~por'~ant to Colorado' s economy as the second largest industry in the state, and an additional ore cent state sales tat will make it. more difficult to increase local sales tax for important local government needs and could . increase visitor and guest resistance to travel to Colorado to recreate and vacation by increasing the cost of retail purchases, lodging, and restaurants, thereby discouraging sales within Colorado and har*ring the Colorado economy; and . ` ~J'c?z.'?.EAS, an additional one cent sales tax will particularly cause financial hardship on low and :,~oderate i ncerre =esidenzs because of its regressive tendencies; and _ Wii°?.AS, the vroaosed tax increase would generate substantial income from the members of the Colorado Association of Ski To.,ms to the State of Colorado, but the local School District budgets would receive minimal, if any, increases above current State funding levels; and 'r7fiER~AS, state and 1cca1 sales taxes are rot deductible for purposes of computing federal income tax. :IOW, TI'.E?,r?ORE, g ZT RESOLtTF'D THAT THE COLORADO iSSOCIATION OF SKI TOWNS opposes the proposed _^:end~„ent o to increases the .state sales tax rate from ass to 4~ because of the problems and unanswered questions it raises; and 3:; IT cURTHER RySOLVED that if new state revenues are necessary for education, other avenues of enhanced revenue should be explored and considered such as removing most or all the present state sales tax exe:~pticns or increasing the state inccme tax, or other approaches »hich avoid t::^.e problems raised herein. This Resolution shall take effect immediately upon its passage. ::?PROVED i?ID ?OPTED T_:?IS 9TH DAY O? OCT03ER, 1992, 3Y :hL COLOR.~~O ASSOCIATION OF SiCI :Oi,^.vS. I COLORADO ASSOCIATION OF SKI TOW?IS ATTEST: f By: fi~~ ls:ti~. Harold N. Tevexbaugh, President Daryl'tC. Shrum, Secretary MEMBER MUN/CJPAUT/ES Aspen .Avon • Blue River . Breckenridge Crested Butte • Oitlon • Durango • Estes Park . Fraser • Frisco • Glenwood Springs • Granby • Grand Junction Grand Lake • Gunnison . ML Crested Butte • Nederland • Si/verthorne • s'nowmass Village .Steamboat Springs • Telluride • Vail • Winter Park P.O. Box 3327 * Winter Park, CO 80482 * (303)726-8081 * Denver Line/F.~°° -'-?age? • . ~ ;y~: STAI ~ OF COLOI~.~ OFFICE OF STATE PLANNING AND BUDGETING c`~''=_: ~ 111 State Capitol Building ~.._:C%~':"•~;::.~ F. ~ ~:r,-•~a Dem-er, Colorado 80203 ~ - . ~ i Phone: (303) 866-3317 **';.~ir~~ Roy Romer Go~•ernor Karen Reinertson October 30, 1992 Director Mr. Nick Teverbaugh, President Colorado Association of Ski Towns P.O. Box 3327 Winter Park, Colorado 80482 • Uear Mr. Teverbaugh: The Governor has asked me to respond to your letter of October 22, 1992 and attached resolution concerning Amendment #6. It will come as no surprise to you that he was extremely disappointed in the action of the Colorado Association of Ski Towns to oppose Amendment #6, the Children First amendment. However, was the most concerned with the basic lack of understanding of the realities of school finance expressed in your letter and resolution. The Colorado Constitution requires that the state provide for a uniform and thorough system of public schools. That mandate has been consistently interpreted to mean that the level of spending for each student in the state needs to be equalized, regardless of the source of financing. The loss of Amendment #6 will mean that every school district will be cut to maintain equalization among the various areas of the state. Your proposal for a higher per pupil allocation to areas like yours will be set aside for many years. Second, the loss of Amendment #6 will cause extreme pressure over the next two or three years to raise property tax, as the legislature struggles to stem the drastic cuts in public schools all over the state. The progress we have made to cap the level of property tax supporting the schools will be reversed. Nick Teverbaugh October 30, 1992 Page 2 As many have observed about this election, in a perfect world we would do things different{y. The reality is that this is the best, and possibly the last, chance we have to get our schools on a steady and secure financial base. The legislature has failed to do this for the last four years. Several bills have been introduced each year to increase the income tax and/or reinstate a graduated income tax structure. They have all failed. To maintain that the legislature would interpret the loss of Amendment #6 as a mandate to increase income tax for the public schools is wishful thinking. Sincecel , f _ Karen Reinertson Director i CARR KUNZe ~ . ~ . \ ProfessionaiHousing,Planning,e~:d~ < ~ P.O. Box 986 • Glenwood Springs, CO 81602 • Phc:;- . u;~ X63-~:;~t2' November 19, 1992 Mr. Daryl Shrum, Town Manager Town of Winter Park P.O. Box 3327 Winter Park, CO. 80482 Dear Mr. Shrum, It was a pleasure having an opportunity to discuss with you some of the issues and approaches to affordable housing in resort communities, and more particularly H.R. 4971. This legislation, which will now need to be reintroduced in the next congress, was promulgated through the American Ski Federation, and is intended to address some of the employee housing concerns that have been of concern to resort communities. The thrust of the legislation is laudable. However, as presently structured, the affordable housing requirement is so rigorous, being cast in the context of other Federal housing program requirements, that it is virtually impossible to meet in terms of the land economics as currently structured in the bill. _ _ Specifically, developing for households at less than 60~ of median income, which will be required for any housing serving other than ski company, U.S., or local government employees--is generally not feasible without other sources. This bill otherwise needs the support of organizations such as the Colorado Association of Ski Towns. I would be happy to meet with C.A.S.T.'s representatives at their forthcoming meeting to further discuss some of the issues surrounding this bill. incere y ours, ,V Carr Kunze enc. x HOUSING • PLANNINQ • MARKET AND FEASIBIUTYANAIYSiS • •r~T X~ = Tc R•/p PA l3 ?d RECEIVE? 2 9 T0: CAST Municipalities FROM: Nick Teverbaugh, President RE: LEGISLATIVE TOUR VIDEO - Be prepared to be on camera at our next meeting in Vail on December 11. DATE: November 23, 1992 As part of the CAST video for the Legislative Tour, we would like to tape several of our elected officials and some of our appointed officials commenting on the following subjects: Education - Funding after the defeat of Amendment 6. CAST as a player in solving the overall problem. Differences between our districts and others in the State. Transportation - The I-70 corridor. State roads, such as Hwy 82 to Aspen. Ground connection at the new airport. Funding, such as an election to increase the gas tax for highway improvements. Housing - Employee and affordable housing issues. Applicability of current regulations to our communities. Funding options. Environment - Air and water quality issues. Amendment 1 - CAST as a player in drafting proposals for the November 1993 ballot. Remove sales tax from the restrictions. Real Estate Transfer taxes. Colorado Tourism Board funding. Amendment 2 - CAST supporting repeal in November 1993. The sub-topics above are intended to begin discussion. Feel free to add others to the list. We may not be able to cover all of these issues in an 8-10 minute video, but we will try to shoot a variety of people responding to them so we have a number of choices for it. Peak Productions will be in Vail beginning at noon on Friday (December 11) to shoot as much as we can at one time. Please think about these issues in advance and come prepared to be on camera on Friday. We will discuss targeting our message during the Legislative Tour Committee meeting at wpm Thursday and during the Legislative Tour Report at the business meeting Friday morning. 4r AND TN~Y'RE OFF x c ~ ~ a .y."` .r~."~ .Cy,.~k- ~ t~ 'rt~~ p~'I _ j• *2' ~ T~~ r ; a ,dn ~+C z. x: w4 _ ~ 1 CSU roommates Alex Neir and Ryan Smith, both 19, ski Vaif for the `oliff, bowls and bumps.' me°~)e~iverPb~t l Duaee•Howeu ~ ~ ova . Q • ~s De veBrrPoset StafflWnter "I gotta go!" "Why did we cut aver?". "Watch where No time to waste at Vail during the first you're going!" "Watcl# ine biff it!" VAIL -She put on her shiny purple ski big ski week of the year. More than 10,000 Skiers whooshed ovQr oagu}s and thud- suit, left her kids at ski school and rode up skiers took to some of the world's finest ded on 31 inches of packed snow. Chairlift the Vista Bahn chairlaft with her non-skiing slopes, graced with exceptional early sea- cables buzzed. Kids laughed at people fall- mother, Merle, who wanted to see what son snow. Colorado's all about. ing, while.parents waited stoically in half- Colorado ski resorts promise fun sought hour lift lines like urban commuters. Pow- "I bought it in Chicago," Elizabeth by millions. And steady development of ski- der whispered agd hissed as it fell from the Greenhill said of her outfit, then pointed to related technology lets more and more ski- pines in the shadows. the lodge halfway up the mountain where ers revel on the slopes, though technical Skiers exude wealth this year. A Vail lift Merle, in an ankle-length fur coat, could sit glitches at Vail repeatedly stalled lifts. ticket costs $42. Some resort hotels cost and watch the icy Gore peaks. Finally, On the trails, voices echoed: "I hit a Greenhill aimed her skis downward. stick!" "That part's too strong for me!" Please see SKI on 10A sks ,M hay soon Y* ~ lvl t 4 w ~ + rnt.Y A he ,New force to fi ht w,w~ • • ~ ~IPx4r m- r~ghtlst violence ~ ~Y_ . r ar y- w f By Stephen Kinzer ~ _ e:St The'New York Times p~` u BERLIN -Germany will create a new ~ ~ * f . ~ ~Y"":,«,~'~"'~ e police unit to monitor and combat far- ~ ` ~ .f~i ~ Ir~ i~ joY 1 right groups, the federal police chief said ~ ~ ~ that, yesterday: ' so The announcement came a day after the ~ x t I government officially banned a neo-Nazi group in a response to the outcry against anti-foreigner violence. y Police Chief Eckart Werthebeck said the Interior Ministry had authorized him 1- to order a "massive increase" in the num- ind ber of agents and. officers assigned ~ to monitor and repress rightist movements. ;CLASH BETWEEN TURKS: A German demonstrator, ing clashes ye at "I am going to have a division bigger ~ left, tries to restrain a Turkish .man as another advances dur- Moelln, Germanl ~ than any federal police division has ever been," Werthebeck said in an interview for But it will be able to take over investi- sion on Rightist Extremism, a squad of P today's issue of the Berlin newspaper BZ. gations of particular incidents when its in- police officers and investigators that h: At the core of the new unit, Werthebeck vestigators believe local police forces substantially reduced rightist violence said, would be an "information and coordi- ~ need help. It may also have the power to the eastern state of Saxony. nation group" like the one that police as- ~ come to the aid of local forces during cri- The government's decision to form tl ' TV sembled in the 1970s to fight left-wing ter- ses. o rorism. ~ police unit was its second major respon In the wake of several recent attacks on top rightist violence in two days. f As part of the federal police, the new foreigners, citizens have complained that ~On Friday, it banned the neo-Nazi N unit probably will be devoted principally ~ police forces did not respond vigorously tionalist Front. to observing and penetrating the rightist enough. scene, and will not send large numbers of The new unit probably will be organized reported yesterday that Interior Minist ' o`ff><cer`~`into=the streets. I like the Highly successful Special Commis- Rudolf Seiters was considering the use e 1 Y x~ own he f '1 e enses t -1 rte; . j ~ ~ ~ Texas senator's deal: r ~y.~ T ~ ey Jeff Gerth and Dean Baquet r~ t~% Of ~ ~ ; ' The .New York Times r - Sen. Phil Gramm, a leading membe>< . tw3 ; ; ~ ~ the Senate Banking Committee hel f.ti~ guide a troubled Dallas thrift operator ' * _ f~+~ 'r ~~~I C ` dealings with federal regulators a year r».~ ~ A»--. ter the executive picked up about half rir.,. w ` ~ ~ -~"'''`'i a ; : ~ $117,000 in building expenses on Gram _ ~ ~ a~i F vaeatian home in Maryland. ; ~ ~ ~ . , ! ~ ~ Back in 1987, Jerry D. Stiles the rs ;1 ~ ^ r ~ • ;Y,','~ ° 'S ' ~ ~ 4 : prominent Dallas developer, took o Y project for Gramm, R-Texas, and his v pt- , ' ~ ~ The couple had bought more tha>i acres on a remote part of Maryla Eastern Shore and needed a contractc Associated Press /John Moore flnlsh Cnnstrnrtinn +t,o ~ti.,.n _r _ . i , 10A ~ THE DENVER POST Sunday, November 29, 1992 I~~II ~ ~ ' ec ea Bona o s e cis on s es SKI from Page 1A THE COST OF SKI~N6 ~ ~ ~ - ,o. . $300 or more a night. Dorm-type rooms For a family offour - with two teen- ~ ~ . are scarce. For a family of four from Chi- tigers - to fly from the Chicago area to cago, a modest week at Vail likely costs at Colorado for aweek ofskiing,the esti- least $2,500, not including meals, where mated cast would be $2,500,exciuding .~~k 'wine can cost $8.50 a glass. flood and equiprent. Those likely ~ - ~ e~~t,: ~ . - Ski fashions ranged from earth-tone, would add $1,400 to the est. . e ~ _ , rhinestone-studded princess attire favored By comparison, a Denver family of y ~ ; ~ by middle-aged women to the neon dare- four flying to Orlando, Fla., for a-week devil look cultivated by cliff jumpers. And at Disney Worid would pay $2;600, plus equipment is everything, insisted Antonio $560 for meals. r y:. Cecchi whose orange Technica boots and Aduft lift ticket pricesin Colorado this } "squirrelly" black Dynastar skis take him Arapahoe Basilnws; ~ y, i'rom mo ul to mo L , y . , g gu Arrowhead $28 ~ ~ ~ I~ "You see those people that are skiing Aspen Highlands $30 real smooth, really European?" asked Aspen Mountain $43 Cecchi, 24, who came to the Vail valley six Beaver Creek Resort $42 , ' ` years ago from Virginia. "That's what this Breckenridge $38 ` ~ . . stuff does." Ski Copper $22 He makes his living taking pictures of Copper Mountain $37 , ^ ,r'' skiers as they get off the Mountain Top Crested Butte - $39' - . Express lift. Posing in fancy gear "makes Eldora Mountain $27 ~ Howelsen Skt Area $8 ~ ~ y ° ~ people happy in the mountains. If you're Keystone $38- ( ~ ~ . ' haPPY, You feel good. HaPPY People let me Loveland $30 ~ ~ ~ ' ~ ~ " ~ ` r ' take pictures (which cost $20 to $60)." Monarch $26 ~ ~ ~ ' "You gotta -commit to this sport," Cec- Powderhom $26 chi said, "When you think about it, what's Purgatory•Durango $36 _ ~ ~ ~ ~ ' $600 bucks (for good skis and boots)? Silver Creek....,. $26 Snowmass $43 ' ~ That's only two weeks' pay." Steamboat $39 Even old-timers like Bob Walker, 63, Ski Sunhght $28 ` - - - a ee that the latest a ui ment makes ski- gr q P T@Iludde $$9 The Denver Post I Duane Howell ing easier. Walker started out on bear- Tiehack/Buttermilk $43 LIFT SAM: Candace Suechiing, 28, at left, and Christine actually as bad as they seem. This backup in skier traffic trap bindings -leather and spring de- Yal 2 Des Enfants, 30, wait in one of Vail's lift lines, which weren't was brought on by a stalled lift. vices that resembled products from hard- Winter park $38 ware stores, not ski engineering labs. Wolf Creek $26 bowls and bumps," Smith said. - ~ , "There was nobody on the mountain in sources: co~oraao 5k, country us,a anti ~merica~ Ski patrol dispatchers said at least 24 those days," said Walker, who also wears Expresst~aveteBentTrave~King~teouider, people were injured Friday, with 15 re- ` orange Technics boots now. "The turn is quiring emergency medical care in Vail. built into (the new skis). You don't have to Ski areas are trying to maintain safety work as hard." plastic soles, let skiers glide down slopes as intermediate skiers go faster over more ) Walker and his wife have been skiing at like in-line skaters. ~ finely groomed slopes. At Steamboat, 210 least 85 days a year since moving to the Snowboarders now are common on lift tickets were confiscated from reckless ;y~~- a ` Vail valley from Minnesota in 1985. "I still slopes, accounting for about 7 percent of skiers last year, and 2,100 more skiers ~ - like to ski powder," he said, facing the Si- lift ticket sales. Five Vail ski patrolmen were stopped and educated about safety beria Bowl. "But we do get tired as we get are using snowboards instead of skis this risks. ~ older. The nice groomed slopes are good to year, "People still are intimidated by the Vail officials said they confiscated ~ a. 4: come back to." noise that snowboards make. They just about 100 lift tickets and stopped more ` i New technology looms on skiers' seem- cringe and stop," said patrol snowboarder than 1,000 skiers. Drunken skiers have ~ ~ ingly limitless horizon. Bar coding sys- Devon Alvarez. been escorted down the mountain to meet F terns being tested this year at Brecken- Vail also offers cellular phones, so law- with police. y a „~r, w , ridge, Steamboat Springs and Beaver yers and doctors can keep in touch with Those who can afford it say they would Creek let lift operators scan ski tickets clients while they ski. Skiers rented only ~ stay in the mountains forever if they ~w, . with lasers, much as supermarket clerks five of Vail's 250 flip phones last week. could. "On my bad days, I'm from Denver. ~ ' scan products, Ski area executives are "The last thing you want is a damned cell On my good days, I'm from Vail," said considering pricing each run differently, phone," said a Laguna Beach business- dentist Michael Schwab, heading for the letting skiers pay for as much skiing as man, who lamented that he works too Northwoods run with his wife, Susan, an they want. Breckenridge already offers much. interior decorator. credit cards that eliminate the need for Cellular phones, like groomed slopes, Even Vail's workers agree that skiing aaa,. tickets. are meant to appeal to the average skier, looks nice. Recreational toys are multiplying. "Fat now about age 38. "Vail is the best ski resort in the world," board" skis, wider than regular skis, let Younger skiers, like 19-year-old Colors- said a man. with nose plugs who was mop- ' intermediate skiers ne otiate dee owder do State Unlversit roommates Alex Neir The Denver Post 1 Duaire Howell g p P Y ping the summit bathroom near closing SCNOOL~S IN SESSIONS Children enrolled in the Beaver Creek Ski School by keeping them from sinking. The new and Ryan Smith, don't care about these time. "Take it from the guy who cleans the Snowrunner boots, with smooth, curved niceties, They come to Vail for the "cliffs, bathroom." chat with their instructor before heading up the mountain for a lesson. Sunday, Noverr5per Gy, 7yyL 1riC LC,IVVCK CIAl _ ~ :~z , , r: I ® © 1 r ~ a h, f E "MMM~' s~ z s w 1 I t't d ",4 i 3„~ ~ M E , I' I I , 1 xY y ei 9 J 1~.. ,1'I'I I ~ 3 J S Y~ k I~I~I Ht'~:tDkY Nt8' ' x ~ R ' y NttR! 8: ~ PIN g ~ ° ~ ~ U ,r . °"bilAt~.S`~~ESIrtP~N:MALL~HQtJ3~$ ~~'T x <r ~ r~. < ? ~ Ii I h:: Z 'u 1 u~ ? ~ 3".t~tpdt3 i~'Q~+~ V~ 8u . ~ ~ ~ ~tiN fun~lon wlr9 s g t~~ x#985586336 ~z~' 'Y, ~ r5 F:, f( I 1' D ~ F I F,~ I I 0 ~ i 0 f D o' i y ~ E I III • r d ~ ~ . F~ fpw ~;r • ~ r ~f ~ Q• s'~e In sM'~ r r @8 q 1 ~ nd I S8'oee0~'ery 6/~ er a e i • / a r ~ ~de~ 08 ~1 ~ J,~~ : t~R r f, ~ i~' P 10® F~ VE • EI ~ ~ .•,1 ~ Igrre1etl~ I S` { ~ I/9 8 C 8~ °C48 GA tHE ~ ~ ~ loc ~r~0 ap er® Wlr eeh y. Ws e8 er ~ REE DHASE o"EaE~EIVE AA~S ~ _ , ~ ® 7ah~y ~e,,~ ° ~r & tl~o ~ D W ~ ~ Sq qm// RS M ~ r C aDE E tHE t Ost DpNM B~DK CHASE D SE M ~ ~ ~ . r ; :v. l ~ .fir; ~ d~, ~ - ~a Gp THE Ua IN E ~ ~s ~ Ir~~ :w ~i~ f~+i~~~~ ~ e ANKH Ga FoR ~Ai F~, . , 4I ~ "~ir ~,e I S a~ /A\ ///A\\\ J AI ..~I% I~Illmii~ ::a ~ „ PENTAX ~~i v;,s I~ ~ + WEATHER RESISTANT 1 ;ti~ a~~:° ~ ~ ~F ~F ~E ~ ~F t ~ a , 111, ~ ~~E ~ 1 ~E~ f" ~I ~ IVI r ~ ~I~J n,~l,••1 y,. p ~ I BOOM i Ca~o~ ENTAX Q S RE MIN ~ I U SHOT ~ .LTA ~ FREEDOM ~ ,Full autcma„~ wlh • Weather resistant 38.90 ~0 Y t built-In ~ Exclusive eye start automation 90C power zoom lens 38.76 power zoom lens M~(ZOOM KIT ~ Su erior 3 oIM smart • Ull~a rmm~e/.f ap_on Ar,~e 0 Mulli.hnam aufnfnrua with p . p _ - - RECEIVED ~10V 2 5 United States Forest White River Holy Cross Ranger Disf'r32t ~ Department of Service National P.O. Boa 190 Agriculture Forest Minturn, Colorado 81645 • 303-827-5715 . . ~ ~ ~ ; ra,c, : 6 . • Reply to: 2710 1(~: (!!l, • t. Date: November 18. 19 2 Dear Interested Party: . The Holy Cross Ranger District of the U.S. Forest Service has received an application from Western Gas Supply Company of Colorado requesting a permit to construct a natural gas pipeline across National Forest System lands. The pipeline would originate at Wheeler Junction near Copper Mountain at which point it would tie into an existing line. The buried pipeline route would follow the I-70 corridor over Vail Pass, through Vail aad onto Dowd Junction. The purpose of the new line construction is to provide an alternative source of natural. gas to meet the increasing demand in the Vail Valley. The existing gae pipeline is operating at its maximum output and an additional source is needed to provide an uninterrupted supply of natural gas for present and future users. The existing line is a six inch diameter buried line which comes from the Climax area and extends through Camp Hale and north to the Redcliff area. From there it crosses over Battle Mountain and drops down and ties into Highway 24 - near Two Elk Creek. It then follows the Eagle Valley to Dowd Junction. The Location of the present pipeline travels through several areas of highly geologically unstable ground and it is generally believed to not be an acceptable location to install another gas line. Slope failure in this area could cause a break in the line and interrupt the flow of natural gas to the Vail Valley. A second line would not only provide additional gas for future demands, but also provide a backup loop to the system. The Forest Service is is in the process of looking at various alternatives to this proposal to determine what the feasible routes for installation of the line are. A permit has been issued to US West Fiber Optics to install a fiber optic cable from Baily, Colorado to the Vail area. The installation of the cable began last spring and is completed to Copper Mountain. The gas pipeline would generally follow•the same alignment that the fiber optics cable has been approved for across Vail Pass. Z'he purpose of the environmental analysis being done on the gas line is. to determine if they could both be installed in a common trench along the same alignment in an environmentally sensitive manner and to look at other alternatives for .installation of the gas line. A joint installation effort between Western Gas and US West Fiber Optics would reduce the construction costs to both companies, limit the disturbance to one entry, and keep utilities in the same corridor reducing the area of disturbance. FB~O~OO~ZO(7-eZl p"..4d . a1 2 -r ;r • Several issues and concerns which will have to be addressed have already been identified. If the installation follows the bike path for a portion of the way, there would be some disruption to the use of the path. Work would occur during the same period that the bike path receives optimum use. Part of the• line may also have to follow the I-70 corridor. Since I-70 is on a Department of Transportation easement across National Forest System lands, there are certaia restrictions which apply to what caa and•cannot be done within the easement. The route eventually selected may cross near or through several wetlands as it crosses Vail Pass. If this~is the case, mitigation measures will have to be developed to ensure minimal disturbance. There may also be some geologically unstable areas the route would have to pass through to get to the Vail Dalley. Oace the gas line reaches Eaet Vail, it would leave National Forest System lands and travel over properties owned by other jurisdictions. Approval from any other entity involved would also be required. The Holy Cross Ranger District ie evaluating the application submitted by Westera Gas and is accepting comments from the public to determine what other issues, concerns, and opportunities the proposed project may geaerate. Your comments will be used to guide the preparation of the Enviroameatal Assessment which will analyze project impacts. • Written comments should be addressed to William A. Wood, District Ranger. White River National Forest, Holy Cross Ranger District, P.O. Box 190, Minturn, Colorado 81645. • Sin erely, LLIAM W D District Ranger TJG - ~ ' F6-0200.26 T-8 _ _ ~ . ...Y_. _ _ 0 a ~~Y~-.~, LAE 'AOLd/1 RECEIVED ^v~J 2 ~ 1~9Z G ` ` X C. j ~~d~~ ~.K ILUW . _ ~G/ ~ ( Y~ `1TJ E s ~~~r.. •f~..#yh:,;vJ vi Y,::fniili.i\`;,j.{ti''{'i rtj.v .I.• '1 P L E E Published b N y Colorado Munici al Lea ue p g November 1992 Order Form Amendment One Implementation Amendment One lmplementaiion has been sent free of charge to member municipal managers clerks, finance directors, attorneys, and mayors. Extra copies of this publication may be purcha~~d at the following rates: Price Quantity Total For member municipal officials $10.00 For associate members (publication option) $10.00 For other associate members and nonmembers $20.00 For state agencies $10.00 *Add tax (Denver residents add 7.3% sales tax; ail others in RTD, 3.8%; all others in Colorado, 3.0%) *orTax-exempt number Add postage and handling (10% of subtotal; $5.00 max.-No postage & handling necessary if prepayment is made.) Total enclosed Send publication to: Name Titfe Organization Address City State Zip Phone Return this form and your check to: Colorado Muntctpal League 1660 Lincoln Street, Suite 2100 Denver, CO 80264 _ , . . TABLE OF CONTENTS Introduction 1 Applicability . 2 Enterprises 2 Formation of New Governments 3 Property Tax Limits . 3 Other Tax Limits 4 Fee and Other Non-Tax Limits 4 Revenue/Spending Limits 4 Intergovernmental Revenues 7 Emergencies and Emergency Reserves 7 Non-Emergency Reserves 8 Bonds and Other Multiple-Fiscal Year Financial Obligations 9 Election Procedures 9 Refunds 10 State Mandates 10 Enforcement 11 Actions and Options Before 1993 11 Considerations for 1993 and Beyond 12 Calculation of Local Growth and Property Tax Revenue Limitations 14 Appendixes Text of Amendment 1 -Taxpayer's Bill of Rights (Bruce) Al Summary of Amendment 1 -Taxpayer's Bill of Rights (Bruce) A3 City of Westminster Tax Limitation Analysis A5 Quick Model for Amendment 1 (City of Auroral . . A13 AMENDMENT ONE ' IMPLEMENTATION November 1992 Published by: Colorado Municipal League 1660 Lincoln Street, Suite 2100 Denver, Colorado 80264 (303) 831.6411 7 Introduction. The CML staff has been deluged with inquiries and req~:~::.. comprehensive information about Amendment 1. This publication is intender initial handbook to assist municipal officials in implementing the Amen~-r::~. Municipal officials are cautioned not to use this publication as a bible: it is offers=:~ ~:3 a starting point, since interpretation and understanding of the Amendment arN evolving and varied. While CML's staff assumes final responsibility for its content, this handbook reflects input from municipal attorneys, bond counsels, city managers, and municipal finance officials. We are grateful for their assistance and insights. Municipal officials should consult with their city or town attorneys or other legal advisors before applying the Amendment to specific situations in their communities. The material in this publication should not be treated as legal advice. Citations to applicable sections of the Amendment have been included for easy reference. A Committee of public finance officers and attorneys has developed interrogatories on key issues, and Governor Romer is being asked to submit these to the Colorado Supreme Court. At publication time it was not known what, if any, interrogatories the Governor might agree to submit and if the Supreme Court would entertain the interrogatories. If interrogatories are submitted by the Governor and accepted by the a Supreme Court, several key questions could be resolved within a few months. Otherwise, it could be years before declaratory judgment and other suits filed in district courts are resolved by the Supreme Court. While the extent of legislative authority to enact implementing legislation is unclear, some legislation to clarify or facilitate implementation may be enacted during the 1993 legislative session. Court decisions, legislation and evolving operating experience under Amendment 1 will hopefully resolve many of the unanswered questions. Also included in this handbook are revenue/spending models developed by staffs of the cities of Aurora and Westminster. These generally, but not necessarily always, conform with interpretations in this publication. Municipal officials may wish to use these models as starting points in estimating allowable revenue and spending in their community. CML staff encourages comments and suggestions from municipal officials who believe this publication needs corrections or updating. CML is creating a clearinghouse on court actions involving interpretation of or compliance with Amendment 1. We ask municipal officials to inform the CML staff whenever they become aware of litigation involving Amendment 1. 1 Anolicabil tit Ent r ri Amendment 1 applies to "districts," which are "Enterprises" are exempt from all the provisions defined as "the state or any local government, of Amendment 1. [(2)(b) and (2)(d)]. excluding enterprises." [t2)(bl]. An enterprise is defined as "a government- Afundamental question exists as to coverage owned business authorized to issue its own of various types of entities (such as urban revenue bonds and receiving under 10°~ of renewal authorities, downtown development annual revenue in grants from all Colorado state authorities, housing authorities, economic and local governments combined." This defini- development agencies, various conduit tion establishes three criteria which mayor may ' financing authorities, and entities created by not exempt most municipal activities which intergovernmental agreement.) Some or all of heretofore have been considered enterprises, these could be construed to be 11) a part of the such as water, sewer, airport, parking, electrical state or a parent local government, (2) a and gas operations. [(2)(d)]. separate government, (3) an enterprise and therefore exempt, or (4) anon-government and The "government-owned business" criterion therefore exempt. One interpretation is that seems to encompass generally those activities Amendment 1 only applies to those entities currently considered enterprises and perhaps which have authority to tax. In the absence of. other similarly constituted activities. [(2)(d)]. ' court interpretation each municipality must make its own determination as to which entities The most troubling criterion is that the are covered, and, if covered, whether the government-owned business must be entities are covered by their own separate limits "authorized to issue its own revenue bonds." or as part of the parent municipal limit. In Under a literal interpretation almost none of the making the determination the specific activities in Colorado currently considered to be characteristics ofthe entity need to be.analyzed enterprises qualify because the governing body along with its relationship, or lack thereof, to of the parent entity rather than the enterprise is the municipality. [(2)(b)]. authorized to issue the revenue bonds. Amore logical interpretation is that the criterion is The Amendment does not specify how special satisfied if the parent entity possesses authority assessment districts and tax levies which cover to issue the revenue bonds on behalf of the less that the entire area of a municipality will be enterprise. [(2)(d)]. treated. Is an election required for special ' assessment bonds? If so, does the entire muni- The criterion "receiving under 10% of annual cipality vote or only the voters in the affected revenue in grants from all Colorado state and areal Are the revenues and spending "derived local governments combined" seems to mean from assessment bonds" subject to the overall that the enterprise is disqualified if more than . limits of the municipality? In addition, could an 1096 of its revenues is from state and local activity financed through special assessments grants, although the term "grant" is not be characterized as an enterprise and be exempt defined. This criterion may result in an activity from the Amendment altogether? [(2)]. changing from enterprise to non-enterprise status and back from year to year depending on , fluctuating revenue sources, such as receipt of state grants. When an activity changes enter- prise status in any particular year, the revenue/spending base and limits for the municipality as a whole are adjusted. [(2)(d) ' and (7)(dl]. 2 , Until the courts define the "enterprise" valuation, unless prior voter ap r~ exemption, some discretion may exist for [(4)(a)]. municipalities to treat certain activities either as enterprises or non-enterprises. Moreover, a One interpretation is that the rr~iii i:;~it municipality may be able to adjust an activity to applies to all 1992 levies for collection ; . 3g3;. _ fit or not fit the enterprise definition, such as by even if the mill levy increase was set ~:`~fo~°e subsidizing or dropping the subsidy of the November 4 or before the date (perhaps activity within the criterion of "receiving under sometime in December) when the Governor 10°~ of annual revenue in grants from all officially certifies passage of Amendment 1. A Colorado state and local governments different interpretation would allow levies combined." In general, exempting an activity as officially set before November 4, or the _ an "enterprise" is viewed as the preferable Governor's official certification, to be exempt alternative, because none of Amendment 1's from the limit applicable to property taxes limits apply and the problem of wide fluctuation collected in 1993. [{4)(a)]. - in revenues and expenses is avoided. On the other hand, including the activity within the In addition to the mill levy limit, property tax total revenue and spending base of a munici- revenues may not 'be increased from the prior pality will in some circumstances afford greater year by more than inflation in the prior calendar overall budget flexibility for the municipality. year plus annual local growth, adjusted for [(2!(d) and (7)]. property tax revenue changes approved by - voters after 1991 and (8)(b) (personal property Payments from an enterprise to a municipality taxes, exemptions and credits) and (9) (state apparently fail within the revenue/spending limit mandate) reductions. In order to comply with ~ of the receiving municipality. this property tax revenue limit, whenever property revenues from reassessments increase beyond this allowable limit, mill levies will have Formation of New ~nvernment~ to be reduced or property tax credits provided. Persons desiring a government service or a higher level of service may be inclined to form A further complication arises from the current anew municipality, special district or authority two year property appraisal reassessment cycle. rather than relying on existing governments. In the off year when property is not revalued, The Amendment is silent on formation of new municipalities will normally be unable, without governments and establishment of an initial holding- an election, to increase their property revenueJspending base for such entities. tax revenues xo keep,,,~ace with inflation Caution should be exercised in forming new increases which are otherwise allowed by municipalities, special districts and authorities Section 171(c) of Amendment 1 because all - to finance and provide services because of mill levy increases require prior voter approval. potential adverse impacts on existing govern- [(4?(a) and 171(c)]. ments, inefficiencies in service delivery, and other problems associated with proliferation of The Amendment provides "All provisions are governmental units. ~ self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Other ProQerty Tax Limier limits on .district revenue, spending and debt may be weakened only by future voter ~ Presumably, mill levies may not be increased in approval." This language raises a que.:~~3~n as to any amount, even to offset reduced assessed whether the current 5 1 /296 statut.°= ~ ~ Y~ ~ erty tax revenue limit also applies ~~er 3 Amendment 1 repeals by implication the Fee and Qther Non-Tax Limits statutory limit on the basis that it conflicts with Amendment 1's limitation. If it conflicts and is The new tax and increased tax restriction in , ruled repealed by implication, the 5 1 /2% would subsection 14)(a1 apply to taxes but not to non- no longer apply. As a practical matter, since taxes. Presumably licenses, permits, fines, user the CPI figure estimated for 1992 ranges from fees, impact fees, and special assessments are 3.3% to 3.8%, the more restrictive non-taxes. What constitutes a tax is expected Amendment 1 limit will generally be the only to continue to be determined by the courts on relevant limit for 1993. a case by case basis using traditional common law analysis. How a municipality structures See the "Calculation of Local Growth and and characterizes the revenue source may Property Tax Revenue Limitations" for more determine whether the courts view it as a tax information on calculating the property tax subject to prior voter approval. [(4)(a)]. limits. While revenue increases which are not taxes do not require voter approval, the revenues and OthQr Tax Limitg spending they generate must be included in the overall revenue/spending limit of the govern- The requirement for voter approval of "any new ment unless exempted on other grounds, such tax, tax rate increase, mill levy above that for as being revenues and spending of an enter- the prior year, valuation for assessment ratio prise. [(2) and (7)]. increase for a property class, or extension of an expiring tax, or a tax policy change directly _ causing a net tax revenue gain to any district" Revenue(,~Qendina Limier applies to all types of taxes. Taxes are treated _ differently than fees or user charges. (See fee Conceptually the revenue/spending limit in the and other non-tax limits section). [(4)(al]. Amendment can be viewed either as a spending limit, a revenue limit, or both. The bottom line The phrase "directly causing a net tax revenue is that annual spending can not exceed prior gain" apparently modifies only "tax policy year spending adjusted for CPI and property change" and apparently does not modify the valuation changes, and a municipality must in other election triggering taxes. set forth in the succeeding year either refund revenues subsection (4)(a): [(411a)]. which exceeded the limit or obtain voter approval to retain the excess revenues. For Effective December 31, 1992, any new or purposes of this publication the limit is normally increased transfer tax rates on real property are characterized as a "revenue/spending limit." prohibited regardless of whether local voter approval is secured. [18)(al]. Amendment 1 applies to 1993 and subsequent budget years. 1993 budgets should be Municipalities may want to exercise caution in calculated to ensure that 1993 spending does passing tax policy changes or exemptions which not exceed 1992 spending increased by 1992 reduce taxes, since subsequent repeal of those ~ Denver/Boulder Consumer Price Index (CPI) plus changes or exemptions will generally require a annual local growth. [17)]. subsequent election. [(4)(a1]. . If time permits, a municipality may wish to calculate application of the revenue/spending . limit to its 1993 budget before finalizing the 1 bde. Hwv i I it 993 u g t o e er, it s a so poss b e to calculate the limit during the 1993 calendar 4 ~ year and make spending adjustments at that Amendment 1, even though the , nth time in order to comply with the limit. The definition varies somewhat. important thing is that a municipality must conform its spending with the limit before the Amendment 1 does not specify the FL~w.. f end of 1993 to avoid exceeding the limit or the local growth figures. Therefore, a r-;:_::-~.<~i- i obtain voter approval for higher pality might be able to make its own dett:s~;1i=~a- revenue/spending. tion. Alternatively, municipalities may wish to keep closer records of annexation and new Estimated Denver-Boulder area Consumer Price construction activity to ensure that county Index (CPl) increases for 1992 range from 3.3°r6 assessors are accurately including such growth. to 3.8°i6. The 3.3°~6 figure is an Office of State It should be noted that the growth allowance Planning and Budgeting estimate. The 3.4% under Amendment 1 is based on actual value, figure is the estimated increase based on not assessed value, and that credit apparently January to July 1992 actual figures. The 3.896 is not provided for growth in personal property figure is a Colorado Legislative Council valuation. [i2)ig) and 17)ib)). estimate. Timing is an issue regarding computation of the {n addition to allowing revenue/spending local growth allowance. Section i7)(b) simply authority to increase by the Denver-Boulder CPI, states that the maximum annual percentage the Amendment permits. revenue/spending to change in fiscal year spending equals inflation in increase by annual local growth. For munici- the prior calendar year plus "annual local palities, local growth means the "net per- growth . It is possible to construe the centage change in actual value of all real applicable year for "annual local growth" for the _ _ property in a district from construction of 1993 spending year to be 1993, 1992 or 1991. taxable real property improvements, . minus Using 1993 growth would normally be destruction of similar improvements, and impractical, so more logical options might be to additions to, minus deletions from, taxable real use local growth data for 1991 or 1992. If the property." This allowance is similar in concept municipality relies on data certified by the to, but varies in detail from, the growth county assessor, the local growth computation allowance contained in the 5 1 /2% property tax for 1993 would likely be 1991 data. Currently, revenue limit law applicable to statutory munici- assessors have until October 10 to certify palities. The real property valuation portion of valuations to each jurisdiction, and there is the definition is based on changes in value normally a one year lag period. In other words, based on construction (presumably including data certified in the fall of 1992 would normally annexations) and destruction, not on changes in reflq~ growth which o~rre~ in 19,x]-. If valuation generally. The denominator of the actual 1992 growth figures are used, they fraction used in determining changes in value might not be available from the assessor before may include the actual value of ~ real property, the fall of 1993. Often municipalities can including non-taxable property owned by obtain the data or estimates earlier by governments and charities, whereas the contacting their county assessors. This may numerator portion apparently includes only vary from county to county, with some taxable property. As a matter of practice, ~ assessors provid'+ng information which is more however, valuations on non-taxable properties current than others. In some situations (C.R.S. are often not currently available. Since the 39-5-132) the assessor is rgQuire~ to do a assessors are already required to report local gurrent v~ growth calculation. Also, growth figures to local governments under the remember that current year annexations are 5 1 /2°,6 law, a similar process should work for subject to taxation the next year. 31-12- computing the growth factor under 113(3).. [t71ib)). 5 See the "Calculation of Local Growth and The spending limit appears to be calculated on Property Tax Revenue Limitations" for more a cash basis. Recommended practice is for information on calculating the local growth municipalities to continue to utilize applicable t limit. governmental accounting principles as well as a separate cash accounting schedule to demon- Presumably, after the final CPI figure for 1992 strata compliance with Amendment 1. as well as late arriving property valuations become available, the municipality should make The Amendment's revenue/spending limitations ' any indicated adjustments (increases or operate on a year-to-year basis. Therefore, a reductions) in 1993 spending, or consider voter downturn in a local economy in any single year approval for excess revenue/spending if may cause a "ratchet down" on revenue and ' necessary. If reductions in spending are expenditures for years to come. For example, necessary, the longer the delay in making the if municipal revenues decline one year but reductions, the greater the potential for severe rebound the next, the municipality may not be budget impacts. [12)(el and (7)(b)]. able to keep and spend the entire revenue stream generated in the recovery year to the "Fiscal year spending" is defined as "atl district extent it exceeds the year-to-year limitations. expenditures and reserve increases except, as Accordingly, fiscal policies which stabilize to both, those for refunds made in the current revenues and avoid revenue downturns may be or next fiscal year or those from gifts, federal desirable. This can be accomplished in part by funds, collections for another government, offering tax or other revenue refunds or credits pension contributions by employees and in years when revenues exceed authorized pension fund earnings, reserve transfers or spending and retaining or increasing revenues, _ expenditures, damage awards, or property such as user fees, when downturns in the local sales." Note that "spending" includes. actual economy occur. spending and "reserve increases" but excludes "reserve transfers or expenditures."~ Thus, a There is disagreement as to whether a. negative municipality can either spend up to its allowable CPI requires a reduction in revenues/spending or spending limit or allocate a portion of it as a whether only positive CPI figures apply in reserve increase to be spent without penalty in calculating the revenue/spending limit. [l2)(f) a subsequent year. See the Aurora and and 17)]. There is also disagreement as to Westminster models for methodologies which whether a court would interpret Amendment 1 can be used as starting points to calculate to require a reduction in revenue/spending allowable revenue/spending. [12)(e) and (7)(b)]. where "local growth" in actual value of all taxable real property is a minus figure. If not, See the discussion under "Non-Emergency local growth will always be zero or a positive Reserves" for treatment of reserve increases in number for purposes of the revenue/spending 1992 and subsequent years. limit. [12)(g) and l7)]. The Amendment requires that "emergency After January 1, 1993, the Amendment reserves" be built up 196 per year in 1993, apparently utilizes a "black box theory" to 1994 and 1995, to a total of 396 of "fiscal year government budgeting. The Amendment looks spending" in 1995. Since these reserves are at receipts coming in and disbursements going available for limited purposes, a municipality out. It doesn't care what happens within the should use caution in building up more than the government "black box." Also, the limits apply required amount. Moreover, the emergency to each governmental entity "as a whole," reserve set aside represents a mandatory except for enterprises which are exempt. Thus, allocation which may reduce revenue/spending all revenues and spending of the entity, available for other purposes. [(2)(c), (5)]. regardless of fund or purposes, must be added 6 .4~. to determine whether the entity as a whole taxes collected by the state. The A, ~.~~~.~.'~~4unt meets the revenue/spending limit. This may does not specify whether "collecting fc;r ~4r~s~her cause special problems where certain funds are government" include the following: state subject to internal municipal limitations or levied and state collected, locally shared earmarking. For example, earmarked revenues revenues, such as highway user funds, motor could grow at a more rapid rate than the vehicle registration fees, specific ownership revenue/spending limit, thereby squeezing into taxes, cigarette tax distributions, lottery the municipality's ability to collect and spend distributions, and other formula distributions; revenues for all other municipal purposes. (2) state categorical grants to local Where possible, municipalities may wish to governments, such as water, sewer, bridge, and eliminate these internal limits or earmarking. energy impact grants; and (3) payments from one local government to another local Reserves are assumed to be measured in cash. government for services rendered. Clarification An increase in reserves (cash receipts greater that the revenues transferred by one than cash expenditures) is treated as spending government to another are not subject to the in the year in which the reserve is increased. limit of the transferring government would avoid However, subsequent spending of reserves is double counting. [(2)(e)]. exempt from the definition of spending and from the revenue/spending limit. [{2)(e)]. It appears that generally state revenues trans- ferred to a municipality need to be counted Cash gifts and federal funds received by a within the revenue/spending base and limit of municipality do not have to be counted as the receiving municipality. It also appears that -revenue when received or spending when revenues transferred from one local government disbursed. A municipality may wish to account to another will need to be counted in the for such gifts for federal funds in one or more revenuelspending limit of the receiving local special revenue funds if the municipality is not government and may need to be calculated in already doing so. Exemptions, such as for the revenue/spending limit of the transferring federal funds, are identical amounts for both government. In the future, it may be possible spending and revenues. to structure intergovernmental agreements in a manner which avoids the double counting problem. For example, the participatory In~eraovernmental Revenues governments may make payments to a third party (which may be anon-governmental entity Amendment 1 exempts from "fiscal year or trust) rather than making payment directly to spending" expenditures from "gifts, federal each other. Continuation of existing contracts funds, collections for another government . should generally not pose as severe a problem, It is possible, but not probable, that state since presumably the revenue and -spending is funds shared with local governments could be already built into the revenue/spending base of characterized by the receiving local government the participating governments. as "gifts," but that interpretation overlooks the separate exclusion of "federal funds." [(2)(el). Emergencies and Emergency Re~erve~ The "collections for another government" exemption raises several questions. The Amendment addresses emergencies in two "Collections for another government" appears, distinct ways by requiring municipali~~:ies to for example, to clearly exempt from the county accumulate emergency reserves ; .d by revenue/spending limit property taxes collected authorizing the collection of emerge~:~ ° ~:~es. by a county for other local governments and [(6)]• from the state revenue/spending limit local sates h ..,r .t... .::.:w'',i ~ieJ e.- idiu.-. - - .ua - .~..a~..a Emergency is defined to exclude "economic such as cash flow, economic down~ur.~~ ~--:j;;~~ conditions, revenue shortfalls, or district salary construction, etc. However, any such se* ~:~de. . or fringe benefit increases." Subject to the constitutes part of the government's --~~~~wed _ enumerated prohibitions, a municipality may spending in the year in which the moe~ is consider both natural and other appropriate reserved. It does not constitute spending in :fie events as "emergencies" to invoke the year actually spent. [l21(el]. emergency provisions of the Amendment. [(2)(cl]. In order to protect its revenue/spending base for future years, each government may want to, by In order to provide reserves for emergencies, legislative act of the governing body having each municipality must "reserve for 1993 1 % appropriation authority, set aside and designate or more, for 1994 2% or more, and for all later as "reserve increases" any revenues within the years 3% or more of its fiscal year spending allowable revenue/spending limit which will not excluding bonded debt service." Unused be spent in that fiscal year. This will ensure ' reserves apply to the next year's reserve." that the revenue/spending authority for Emergency reserves which are utilized must be subsequent years is not reduced by failure to replenished to the required level and such actually expend funds to the maximum allowed replenishment apparently must be made within each year. The municipality will retain greater the revenue/spending limit. ((5), 161 and (7)]. flexibility if all of its reserve increase, except for that required to meet the emergency reserve Where emergency reserves are insufficient, a requirement, is set aside for non-emergency municipality may levy emergency taxes without reserve purposes. i(2)(c) and (5)]. voter approval, subject to enumerated restric- tions. The Amendment grants no new taxing The Amendment does not answer what power, and emergency property taxes are constitute "reserve increases" for purpose of prohibited. Emergency tax revenue is excluded calculating the 1992 spending base, thus for purposes of (3)(c) (specified election) and determining allowable spending in 1993. One (7) (spending) provisions, even if later ratified interpretation allows a government to take its by voters. Emergency taxes may be imposed 1991 year end balance plus any reserve by a municipality only if the "local district board increase realized in 1992 and designate the declares the emergency and imposes the tax by total before December 31, 1992, as "reserve separate recorded roll call votes." "A tax not increases." A conservative option is to disregard approved on the next election date 60 days or the 1991 year end balance and designate more after the declaration shall end with that before December 31 as its "reserve increase" election month." [(6)]. only such reserve amounts which exceed the 1991 year end balance. (Even under the Emergency taxes may be spent only after conservative option the 1991 year end balance emergency reserves are depleted and must be could be spent in a future year without being refunded within 180 days after the emergency considered part of the "fiscal year spending" for ends if not spent on the emergency. ((6)(b)]. that year.) In either event, a set aside designated as a "reserve increase" should as a matter of prudence be formally accomplished by Non-EmeraRncv Reserves the appropriating authority before December 31, 1992, to ensure that the spending base for Each government must set aside an emergency subsequent years is not artificially lowered. It reserve as explained under "Emergencies." is believed that the set aside designated as a "reserve increase" can be accomplished in There is consensus that a government may set general terms without a specific dollar amount aside additional reserves for other purposes, stated, particularly since fiscal year spending is ' 8 often not reconciled until several weeks after appropriation. Presumably this is the the end of the fiscal year. Thus, the where payment of the enhanced bene~: appropriate resolution or ordinance might amortized 'over future years without incr~=~s:~ ~g include words to the following effect: "Any and employer contribution levels. [(4!(b)]. all year end fund balances shall be considered a 'reserve increase' and therefore a part of 1992 The prevailing view is that industrial revenue 'fiscal year spending' within the mearnng of bonds and similar securities which the Colorado ~ Article X, Section 20(21(e) of the Colorado Supreme Court has previously held not to be Constitution." liabilities of the issuing government will not require prior voter approval and the proceeds and debt service will not be counted against the Winds and Qther Multiple-Fiscal Year Finan ice! revenue/spending limit of the issuing Oblioatio~ government as tong as the local government has neither a financial obligation for nor access Amendment 1 requires prior voter approval, to the proceeds. [(4)(b)]. "except for refinancing district bonded debt at a lower interest rate or adding new employees to existing district pension plans," for "creation Election Procedure of any multiple-fiscal year direct or indirect district debt or other financial obligation All ballot issues must be scheduled for a state whatsoever without adequate present cash general election (presently first Tuesday in reserves pledged irrevocably and held for November in even numbered years), the first payments in all future fiscal years." [(4}(b)]. Tuesday in November of odd-numbered years, - or at a biennial local election. [(3)(a)]. General obligation bonds, special obligation bonds, revenue bonds, and other issues creating The definition of "ballot issue" as a "non-recall multiple fiscal year financial obligations (except petition or referred measure in an election" for issues of enterprises or non-government suggests that all initiatives, referenda and other entities) presumably are covered. Also, defined ballot issues, except for recall elections, must benefit pension enhancements, multi-year be delayed so as to be held on one of the employment and collective bargaining allowable dates. However, the more logical agreements, construction contracts and other interpretation would confine the election date multi-year contracts are presumably covered restriction to the types of finance issues unless adequate present cash reserves are covered by the scope of Amendment 1. pledged irrevocably and held for payments in all Otherwise, existing constitutional rights of future fiscal years. [(4)(b)]. initiative and referendum would be narrowed by implication. [(2)(a) and (3)(a)l. The prevailing view is that leases and other multi-year contracts which are subject to annual The Amendment provides that "except for appropriation do not constitute "multiple-fiscal petitions, bonded debt, or charter or constitu- year financial" obligations and, therefore, will tional provisions, districts may consolidate not require prior voter approval. [(4)1b)]. ~ ~ ballot issues and voters may approve a delay of up to four years in voting on ballot issues. Presumably, enhancements in defined benefit District actions taken during such a delay shall pension and disability plans require voter not extend beyond that period." It is assumed approval unless costs of the enhancements are that the four year delay refers to an election covered by adequate cash reserves. pledged authorizing a government to exceed <<3 =.~~t.~s irrevocably and held for payments in all future Amendment 1 limits for up to fo~.,~ ~ ~ fiscal years or the benefits.are subject to annual However, the Amendment does n~^ p :e ' ~9 what happens at the expiration of the during the next fiscal year unless voters authorized period. Does the authorized approve their retention. [(71(d)]. revenue/spending limit revert to the level prior to the authorized period or to a level reflecting "Subject to judicial review, districts may use what the revenue/spending base would have any reasonable method for refunds ' been in the absence of the delay? Until this including temporary tax credits or rate provision is clarified by the courts, the prudent reductions. Refunds need not be proportional course when desiring to waive a limit may be to when prior payments are impractical to identify ask voters instead for a permanent revenue or return." While these criteria afford-some change. [(3)(al and (7)(b)). flexibility, the criteria of "reasonable method" and "proportional when prior payments are Elections held pursuant to Amendment 1 must impractical to identify or return" are potential meet the detailed procedural requirements of traps in selecting a refund mechanism, particu- the Amendment. Care must be taken to comply Carly since refund methods are subject to judicial with each requirement, and election officials review. Care should be exercised in selecting a . may wish to consult with their peers in this refund method. [(1)). regard. [(3)(bll,. Utilizing a temporary tax rate reduction as a Care must be exercised not to underestimate refund mechanism may be ill-advised, at least in the dollar amount of the tax increase, fiscal year the absence of judicial clarification, since spending increase, or bonded debt submitted to resuming the former tax rate could be viewed voters as any revenues received above the by the courts as a "tax increase" requiring prior estimate must be refunded, and district bonded voter approval. Utilization of temporary, self- _ debt may not exceed the maximum repayment expiring tax credits and other temporary self- costs provided in the notice. [(3)(c)]. expiring refunds not involving tax rate or tax base reductions may be the preferred approach Care must also be exercised, relying upon to address this problem. [(1)). competent legal advice, to ensure that the ballot wording is structured properly to overcome all applicable tax, revenue, spending ,ate Mandates and multiple-fiscal year financial obligation restrictions contained in the Amendment. "Except for public education through grade 12 Properly phrased ballot wording may be crucial or as required of a local district by federal law, to carry out a policy direction approved by the a local district may reduce or end its subsidy to voters. any program delegated to it by the General Assembly for administration. For current programs, the state may require 90 days notice Refund,.. and that the adjustment occur in a maximum of three equal annual installments." [(9)]. Refunds of excess revenues are required in the next fiscal year whenever revenues exceed the It is unclear what practical impact this will have ; . overall revenue/spending limit, unless voter ~ on municipal operations. Specifically, what approval to retain and spend the excess does the phrase "reduce or end its subsidy to revenues is obtained. Excess revenues over the any program delegated to it by the General authorized revenue/spending limit need not be Assembly for administration" really encompass? refunded until the next fiscal year, so What is a program? What about environmental generating excess revenues is not prohibited. mandates, law enforcement requirements, The excess revenues simply must be refunded street and other public works requirements? 10 I Municipalities may wish to evaluate existing reasonably restrain most of the growth of mandates and whether any of these are so government" and there is no express "good burdensome that they should be discontinued faith defense." A court ordered refund to local and returned to the state. Where a mandate is taxpayers will present the municipality with the reduced or ended, the municipality's cost of the option of reducing services to pay for the mandate apparently is reduced from its refund or asking voters at an election to finance revenue/spending base. [171(bl]. the refund and allow continuation of needed services. [(1)]. The Amendment may be more useful to munici- palities in avoiding future mandate legislation and regulations. Actions and Omens Before 199 ? Designate by formal action of the EnforcemenX appropriating body (normally the city council or board of trustees) unspent revenues The Amendment provides that "Individual or available on December 31, 1992, as "reserve class action enforcement suits may be filed and increases" to preserve the revenue/spending shall have the highest civil priority of resolution. base. It is believed that this designation can Successful plaintiffs are allowed costs and be in an undetermined amount to be reasonable attorney fees, but a district is not established later after close of the fiscal year unless a suit against it be ruled frivolous." when the actual dollar amount can be Individual or class action lawsuits are the only calculated or determined. _ _ specified means of enforcement. There is no mention of other means of enforcement, such ? Consider, where appropriate, accelerating as state legislation, state agency oversight, revenues/spending in 1992 to establish a county officer oversight, or local audit review, stronger base year. Ascertain whether any although efforts in some of these directions revenues, such as receivables, can be might materialize. If Colorado follows the accelerated so as to be received by the California experience, annual audits will not municipality before 1993. Any such extend to include comprehensive compliance revenues received before 1993 can then be evaluation and the additional auditing costs "spent" as "reserves increases." which would be incurred. [111]. ? Analyze existing and pending intergovern- The Amendment provides consequences fora mental agreements to determine if any municipality or other government violating or adjustments are warranted. misinterpreting the Amendment. "Revenue collected, kept, or spent illegally since four full ? Determine that the 1992 mill levy for fiscal years before a suit is filed shall be collection in 1993 and property tax revenues refunded with 10°~b annual simple interest from collected in 1993 do not exceed the the initial conduct." The Amendment is so Amendment's limits. complicated and subject to alternate interpre- tations that courts may be reluctant to construe ~ ? Evaluate whether to set aside before the Amendment against reasonable government January 1, 1993, as a 1993 emergency interpretation and administration. Moreover, reserve, 196 or more of the municipality's the details of calculating the limits and fiscal year spending excluding bonded debt exceptions may be such that government ~ service or to defer .the set aside until calculation, absent obvious mistakes, will be sometime in 1993 when 1993 fi~~~ year accepted. On the other hand, the Amendment ~ spending can be determin::-~~ -^~re states that "Its preferred interpretation shall accurately. (Presumably sectic~ ~ rvs 11 that determination to be made during the ? Level out revenues and spending to minimize fiscal year rather than before its the ratchet down effects which will occur commencement.) during weak economic periods. ? Review development and other agreements ? Monitor state, county, and other government which, if not modified, may create excess fiscal and service activity which might revenue or spending in 1993 and beyond. adversely affect municipal revenues, Accelerating or deferring revenues may be spending and service responsibilities. Work indicated, and modifying agreements to closely with state officials and officials of provide a less fluctuating stream of revenue other local governments. may be helpful. If a big surge in revenue is anticipated from a project or other unusual ? Refund excess revenues when required by source, consider accelerating into 1992, Amendment 1 in a manner that avoids deferring, or spreading out the receipt of the permanently reducing local revenue and ' revenue over time to stabilize revenues and spending authority. spending . ? Monitor all annexations and new construc- ? Work with your county assessor to develop tion within the municipality each year to current actual property valuation data on ensure that your municipality receives full which to calculate local growth for credit for the increased property valuation for ' revenue/spending purposes. determining the "local growth" component of the annual revenue/spending limit. ? Decide which, if any, operations are to be treated as enterprises. ? Examine the advisability of converting - ~ employee pension plans from "defined ? Decide whether affiliated entities should be benefit" to "defined contribution" plans to included within the .municipality's limits, avoid restrictions on implementing cost of included under a separate limit, or treated as living and other defined benefit adjustments ' exempt entities. without voter approval. ? Decide how to handle leases and other ? Examine alternatives for reducing spending multiple fiscal year financial obligations. without materially reducing services. Where revenue and spending authority are inadequate, prioritize services and identify considerations for 1993 and Bev r,~ where program cuts should occur. ? Designate unused revenues at the end of ? Determine which community objectives each fiscal year as "reserve increases" to might be realized by alternative regulation.or preserve the spending base and revenues organization without the municipality~having available for future years.. to receive more revenues and make more expenditures for services rendered. ? Analyze intergovernmental and public/private . contracts for revenue/spending impacts and ? Examine future construction contracts, alternative service delivery options.. employment and collective bargaining agreements, purchasing practices, etc., to ? Examine whether any state mandates which see whether .multiple-year financial are particularly burdensome should be obligations are being created. Make such tip' addressed through the section 9 provisions. contracts subject to annual appropriation to reduce the possibility that,the contracts will 12 , be considered multiple-year .financial . obligations subject to voter approval. ? Examine whether an election will be required in the foreseeable future to exceed then Amendment's limits and plan accordingly. Because revenues and spending are constitu- tionally restricted and future spending is controlled ~ by current spending levels, municipalities need to plan ahead even further to address longer range needs. ? If a surge of revenue is anticipated from a project or other unusual source, consider accelerating, deferring or spreading out receipt of the revenue. ? Examine the municipality's economic development incentives and tax breaks to determine effects of Amendment 1 and whether changes are indicated. - ? Reexamine how services are delivered. Possible approaches include contracting out, requiring development and other activities to install improvements rather than ~ paying money to municipalities for installation, requiring developers and property owners to pay for certificates showing compliance with building codes and other requirements rather than the municipality collecting fees and. paying for the service, and examining whether certain services can be spun off to the private sector or to nonprofit organiza- tions. ? Utilize citizen groups to provide advice, develop consensus, and sell the public on necessary municipal actions. ? Regularly inform the citizens, civic and business groups and the media of problems, . opportunities and alternatives available to meet community needs. ? Examine the effects of potentialannexation' and new' construction activities one the revenue/spending limit. 13 Calculation of Local Growth and ProQgtbr Tax R~av~anue Limitatior~ ~ I. Local Growth for Revenue/Spending Limitation ? Amendment 1 provides that "Local growth ? For purposes of calculating the 1992 local for a non-school district means a net growth factor applicable to 1993 ' percentage change in actual value of all real revenue/spending and property tax property in a district from construction of limitations; actual value of new construction taxable real property improvements, minus plus actual value of any annexations,. less destruction of similar improvements, and actual value of all destructions and deletions, additions to, minus deletions from, taxable divided into total actual value of the real property." i(21(gll. jurisdiction in the preceding year (1991 actual value for purposes of the 1992 local growth factor). ' What follows is an example that will hopefully assist you in calculating your local growth factor. Data that you will need to do calculations: 1991 Total Actual Value' 5220,000,000 ' Actual Value of New Construction 5 2,250,000 Actual Value of Annexations 5 1,347,000 Destructions 5 500,000 _ _ Deletions 5 248,000 1992 Total Actual Value S222,849,000 1991 Adjusted Assessed. Value 5 46 200 000 1 , 1992 Assessed Value 5 49,108, 500 1992 Adjusted Assessed Value 5 48,510,210 1992 Mill Levy 6.4 mills - 1993 Mill Levy from DOLA 6.43 mills Denver/Boulder Estimated 1992 CPI 3.3% ~ - . _ , Calculation of local growth: 152,250,000 + 51,347,000 - 500,000 - 248,0001/5220,000,000 = 52,849,000/5220,000,000 = 1.295%) Local Growth Factor = 1.295% c' . ~ 'Amendment 1 restrictions may vary in some other details from restrictions in the 5.5% `.i property tax revenue limit which has applied to statutory municipalities. For example, under one interpretation the local growth calculation in the numerator includes taxable real property while the denominator includes all property both taxable and non-taxable. As a practical matter, however, ' t the value of non-taxable property may be outdated or not available. . 14 Property Tax Limitations " ~ _ sere are three separate calculations you may go through to determine what your property ~~:x venue limit will be for 1993 and subsequent years. Each of these is explained by example beiaty. 1. Amendment 1- property tax revenue limit states "The maximum annual percentage change in each district's property tax revenue equals inflation in the prior calendar year plus annual local growth, adjusted for property tax revenue changes approved by the voters after 1991 and 8(b) and (9) reductions." ((7)(c)l. CML's interpretation of the calculation required here is: local growth (calculated as explained above) + Denver/Boulder CPI x 1992 property tax revenues. The number arrived at through this calculation should be adjusted for any property tax revenue changes approved by voters after 1991, any reduction in the personal property tax (as provided for in section (8)(b) of Amendment 1) and adjustments for state mandate subsidy reductions (as provided for under section (9) of Amendment 1?. Sample calculation: 1.295°~ + 3.3°6 (or alternate CPI estimate) = 4.595°6 (Maximum allowable increase in property tax revenue under Amendment 1) 1992 Property tax revenue estimate = 6.4 mills(.0064) x 846,200,000(use 1991. adjusted assessed value, not actual value) = 8295,680 104.59596 x S295,680 = 5309,267 2. Property tax revenue limit based on current mill levy -Amendment 1 presumably allows for an increase in the mil! levy only after voter approval. Therefore, property tax revenues for 1993 may be limited in that the 1993 mill levy cannot exceed the 1992 mill levy regardless of whether the assessed valuation increases, declines or remains constant. Sample calculation: 6.4 mills(.0064) x S49,108,500 (use 1992 assessed value, not actual value) _ 5314,294 3. Statutory cities and towns - If you agree with the interpretation that the statutory 5.596 property tax revenue limit continues to apply, either use the property tax revenue limit figure provided to you by the Department of Local Affairs or calculate this figure by multiplying the 1992 adjusted assessed value by the mill levy provided by Department of Local Affairs. Sample calculation: 848,510,210 x 6.43 mills = 5311,942 2CML recommends chat you review the applicable portions of the "Colorado Local Governments Financial Management Manual" (distributed by the State Auditor's Office) prior to making adjustments to the property tax figures provided by the Department of Local Affairs. The "Financial Management Manual" may be of general assistance in making the property tax cal~;~!~atsons discussed here. ?5 . --.o _..._a_.. In summa the three ossible roe tax rev n li i I r11, p p p rty a ue m tation numbers under this hypothetical example are: Amendment 1 property tax revenue limitation $309,267 Amendment 1 mill levy rate limitation $314,294 Statutory 5.596 prop. tax revenue limitation $311,942 Under this example the Amendment 1 property tax revenue limit is the most restrictive and therefore would apply. Under this scenario you have two options for compliance. First, you can reduce the mill levy to generate property tax revenue within the $309,267 limit. If you do this, consider designating the lower mill levy as a "temporary rate reduction" with the possibility, although uncertain, that a temporary rate reduction may be returned to its former level without voter approval. Second, apparently you can wait to see if the actual property tax revenue generated by your mill levy for 1993 exceeds the 5309,267 limit. If it doesn't you are in compliance. If it does, under Amendment 1 you must refund the excess amount no later than during 1994. Under other scenarios one of the other limits may apply and you may need to use that dollar limit in your budget deliberations. Since the 1992 estimated CPI increase of 3.3°6-3.896 is less than the 5.5°6 statutory limit, for 1993 the Amendment 1 limit will normally, if not always, be more restrictive and the 5.596 statutory limit will not apply. , _:.r t . -i Text of Amendment 1-Taxpayer's Bill of Rights (Bruce) Be it Enacted by the People of the State of Colorado: Article X, Section 20 The Taxpayer's BW of Rights. (1) General provisions. This section takes effect Decerrtber 31, 1992 or as stated Its preferred intergretadan shall reasonably restrain most the growth of government. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Other limits on district revenue, spending, and debt may be weakened only by future voter ~,Y.., : al. Individual or class action enforcement suits may be filed and shall have the highest civil priority of resolution. Successful plaintiffs are allowed coats std reasonable attorney fees, but a district is not unless a suit against it be ruled frivolous. Revenue collected, kept. ar spent illegally since four full fiscal years before a suit is filed shall be refunded with 1096 annual simple interest from the initial conduct. Subject to judicial review, districts may use any reasonable method for refunds under this section, including tw...,. tax credits oz rate reductions. Refurda need not be r- ~ r ~..~onal when prior payments are impractical to identify of return. When annual district revenue is less than annual payments . on general obligation bonds, pensions, and final court judgments, (4} (a) and (7) shall be suspended to provide for the deficiency. (2) Term dellnitions. Within this section: (a) "Ballot issue" means anon-recall petition or referred measure in an election. (b) "District" means the state or airy local govemmeru. excluding ertterprisea. (c) "Emergency" excludes economic conditions, revenue shortfalls, or district salary or fringe benefit increases. (d) "Enterprise" means agovernment-owned business authorized to issue its own revenue bonds and receiving under 1096 of annual revenue in grants from all Colorado state and local governments combined (e) "Fiscal year spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal year or those from gifts, federal funds, collectiana for another government. pension contributions by employees and pension fund earnings, reserve transfers or expenditure, damage awards, or r. ~ r ~ sales. (f) "Inflation" means the percentage change in the United States Bureau of Labor Statistics Consumer Pricy Index for Deaver-Boulder. all items. all urban consumers. m its successor index. (g) "Local growth" for anon-school district means a net percentage change in actual value of all real r. ~ r in a district fiom construction of taxable real pt.,.~..:,~ i...r:..~ements, minus destruction of similar i,,.r.,.:ements, and additions to, minus deletions fiom, taxable real r:..r:.:~. For a school district, it means the percentage change in its student enrollment. (3) Election prnvlslons. (a) Ballot issues shall be decided in a state general election, biennial local district election, or on the first Tuesday in November of odd-numbered years. Except for petitions. bonded debt. or charter or constitutional provisions, districts may consolidate ballot issues and voters maY :rr..:e a delay of up to four years in voting on ballot issues. District actions taken during such a delay shall not extend beyond that period. (b) 15-25 days before a ballot issue election, districts shall mail at the least cost, and as a package where districts with ballot issues overlap, a titled notice or set of notices addressed to "All Registered Voters" at each address of one or mare active registered electors. Titles shall have this artier of preference: "NOTICE OF ELECiTON TO INCREASE TAXES/l'O INCREASE DEBT/ON A t.l r rtrrd r~ r i r rvN/ON A REFERRED MEASURE." Except for district voter-arr.,.:ed additions, notices slu?11 include only: (i) The election dau, hours, ballot titre, text, and local el;,..::.... office address and telephone number. (ii) For r.,,r„sed district tax or horded debt increases, the estunatod or actual total of district fiscal year spending for the current year and each of the past four years. and the overall percentage and dollar change. (iii) For the first full fiscal year of each r,.. s . ~,ed district tax increase. district estimates of the maximum dollar amount of each increase and of district fiscal year spending without the increase. (iv) For r...r..sed district bonded debt. its principal amount and maximum annual and total district repayment cost. and the principal balance of W tai current district bonded debt and its maximum annual and rerttairting total district repayment cost. (v) Two summaries. uP to 500 words each, one for and one against the ~ ~..,,al, of written comments filed with the election officer b)+ 30 days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the ~..,.r.,saL Petition representatives following these rules shall write this summary for their petition. The election officer shall maintain and accurately summarize all other relevant written comments. (c) Except by later voter a~~,,..'al, if a tax increase or fiscal year spending exceeds arty estimate in tb) (iii} fair the same fiscal year. the tax increase is thereafter reduced up w 10096 in,.:,.,.,,..:on to the combined dollar excess, and the combined excxss revenue refunded in the next fiscal year. District bonded debt shall not issue on terms that could exceed its share of its maximum a~ i repayment costa in (b) (iv). Ballot titles for tax or bonded debt incoeases shaII begin. "SHALL (DISTRICT) TAXES BE INCREASED (first, m if phased in, final, full fiscal year dollar increase) ANNUALLY...?" or "SHALL (DISTRICT) DEBT BE INCREASED (principal amount), WITH A REPAYMENT COST OF (maximum total district cost)...?" (4) Required electlons. Starting November 4, 1992, districts must have voter :.r~.: ~ !al in advance for (a) Unless (1) or (6) applies, any new tax, tax rate increase, mill levy above that for the prior year. valuation for assessment ratio increase for a r. ~ r class, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain to any district. (b) Except for refinancing district bonded debt at a lower interest rate or adding new employees to existing district pension plans, creation of any multiple-fiscal year director indirect district debt or other financial obligation whatsoever without adequate present cash reserves pledged irrevocably and held for payments in all future fiscal years. (S) Emergency reserves. To use for declared eraergeeciea only, each district shall reserve for 1993 196 or more, for 1994 i 29b ar more, and for all later years 396 or more of its fiscal year spending excluding bonded debt service. Utntsed reserves apply to the next year's reserve. Emergency taxes. This subsection grants no new taxing power. Emergetcy r. „r:..:~ taxes are prohibited. Emergency I tax revenue is exchtded for pttrposes of (3) (c) and (7). even if later ratified by voters. Emergency taxes shall also meet all of the following oondidons (a) A 2/3 majority of the members of each house of the general assembly or of a local district board declares the emergency and ;,,.,..r ~ sea the tax by separate recorded roll call votes. (b) Emergency tax revenue shall be spent only after emergency reserves are depleted, and shall be refunded within 180 days after the emergency etds if not ~r on the emergency. (c) A tax not red on the next election date 60 days or more after the declaration shall end with that election month. ('n Spending limits. (a) The maximum attuual percaitage change in state fiscal year ...%.irtg equals inflation phts the percentage change in state population in the prior calendar year. adjusted for revenue changes .:rr.~ !ed by voters after 1991. Population shall be determirted by annual federal census estimates and such number shall be adjusted every decade to match the federal census. - - (b) The maximum annual percentage change in each local district's fiscal year speeding equals inflation is the prior calendar year phis annual local growth. adjusted for revenue changes =err-.. red by voters after 1991 and (8) (b) and (9) reductions. (c) The maximum annual rw,.:».tage change in each district's r.,.r..:~ tax revenue equals inflation in the prior calendar year plus annual local growth, adjusted for r.,.r:..:~ tax revenue changes .:rr.,~~!ed by voters after 1991 and (8) (b) std (9) reductions. (d) If revenue from sources tat excluded from fiscal year spending exceeds these limits in dolLrs for that fiscal year, the excess shall be refunded is the next fiscal year unless voters yrr: ~ !e a revenue change as tie offset Initial district bases are current fiscal year .+r:..: ing and 1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall change district bases and future year limits. Future creation of district banded debt shall increase. and retiring or refinancing district bonded debt shall lower, fiscal year Lr w. °,..:..g and r..,r z.:,~ tax revenue by the annual debt service so funded. Debt service changes. reductions, (1) and (3) (c) refunds, and voter-,:~~:: ~ ~ed revenue changes are dollar amounts that are exceptions to,~and not part of, arty district ' base. Voter- t.. ~ ed revenue changes do not require a tax rate change. (g) Revenue llmits. (a) New or increased transfer tax rates on real r..,r are prohibited. No new state real r...r:.:~ tax or local district income tax shall be -,yid. Neither as income tax rate increase nor a new state defutition of taxable income shall apply before the next tax year. Arty i...,.,...e tax law change after July 1, 1992 shall also require all taxable net income to be taxed atone rate, excluding refund tax coedits or voter-.: rr,, ~ led tax credits. with tto added tax or surcharge. (b) Each district may enact cumulative uniform exemptions and credits to reduce or etd business personal r- ~ r (c) Regardless of reassessment frequency, valuation notices shall be mailed aninually and may be appealed annually, with no presumption in favor of any pending valuation. Past or future sales by a lender or government shall also be considered as comparable market sales and their sales prices kept as public .~.,...ds. Actual value shall be stated on all r.. r tax bills and valuation notices and, for residential real r-.r deterrnitied solely by the market .:r r... ach to :~r,,,,3saL (9) State mandates Except for public education through glade 12 or as required of a local district by federal law, a local district may reduce or end its subsidy to any program delegated to it by the general assembly for adrninistradon. For current Pro8~• the state may require 90 days tatice and that the adjttatmettt occur in a maximum of three equal annual installrrtettta.. Received by Secretary of Stara, May 8,1991. Retyped from the original by Legislative Cowreil sta,~`; Jrata 23,1992 and by CML July 29,1992. CML July 29, 1992 SUMMARY OF AMENDMENT #1 TAXPAYERS' BILL OF RIGHTS (Bruce) BALLOT TITLE AND SUBMISSION CLAUSE The ballot title and submission clause read as follows: SHALL THERE BE AN AMENDMENT TO THE COLORADO CONSTITUTION TO REQUIRE VOTER APPROVAL FOR CERTAIN STATE AND LOCAL GOVERNMENT TAX REVENUE INCREASES AND DEBT; TO RESTRICT PROPERTY, INCOME, AND OTHER TAXES; TO LIMIT THE RATE OF INCREASE IN STATE AND LOCALGOVERNMENTSPENDING;TO ALLOWADDITIONALINITIATIVEANDREFERENDUMELECTIONS; AND TO PROVIDE FOR THE MAILING OF INFORMATION TO REGISTERED VOTERS? SUMMARY Aoolication ~ Requires districts to refund revenues which Effective December 31, 1992, except as exceed district revenues or spending estimates otherwise stated, and applies to 1993 budgets. contained in election notices. Applies to the state and all local governments Emotions (referred to herein and in the initiative as ~ Generally requires an election for all tax "districts"1. increases, revenue and spending beyond stated limits, and debt and other multi-year financial Exempts "enterprises' which are defined as a) a obligations. government-owned business, b) authorized to issue its own revenue bonds, and c) receiving ~ Restricts local government election dates on under 10% of its annual revenue in grants from financial ballot questions to state general - all Colorado state and local governments election, biennial local district election, and the combined. first Tuesday in November of odd-numbered years. ~ Supersedes all conflicting state and local limits, but other nonconflicting state and local limits ~ Except for petitions, bonded debt, or charter or remain unless amended or repealed by voters. constitutional provisions, allows districts to consolidate ballot issues and voters to approve Enforcement a delay of up to four years on ballot issues, but district actions taken during such a delay may ~ Preferred interpretation is that which reasonably not extend beyond that period. restrains most the growth of government. ~ Provisions are self-executing, without need or ~ Requires districts to prepare and mail 15-25 perhaps authority for implementing legislation. days before an election notice of the election to all registered voters containing specified election ~ Enforcement is by individual or class action caption, detailed financial and other information suits, with successful plaintiffs entitled to costs and estimates, and a summary of arguments for and reasonable attorney fees paid by district and and against. successful district defendants precluded from Tax Limit recovering costs and attorney fees unless suit is frivolous. Effective November 4, 1992, generally requires any new tax, tax rate increase, mill levy above ~ Refunds by districts required for four full back that for the prior year, valuation for assessment years, with interest at 10%, on illegal revenues ratio increase for a property class, or extension collected or kept or illegal expenditures made. of an expiring tax, or a tax policy change directly causing a net tax revenue gain to any ~ Districts allowed discretion, subject to judicial district to receive prior voter approval at an review, in manner of refunds, and refunds need election. not be proportional if impractical to make proportional. A3 1 Effective November 4, 1992, generally requires general Revenue Limits , any multiple-fiscal year direct or indirect debt or other financial obligation that does not have Generally provides that total annual revenues I adequate cash reserves irrevocably set aside to may not exceed total expenditures authorized pay off the obligation to receive prior voter pursuant to the spending limit formula. If total approval at an election. revenues exceed authorized expenditures, excess revenues must be refunded unless voters Emeraencv Reserved approve the excess. revenues at an election. ~ Requires districts to set aside a minimum Property Tax Revenue Limits emergency reserve of 1 % of its fiscal year spending, excluding bonded debt service, for ~ Generally limits annual local property tax 1993, 2% for 1994, and 3% for 1995 and revenue changes to inflation in the prior calendar subsequent years. year plus local annual growth. Emerc~encv Taxed Tax Policv Re ri tions, ~ Allows governing body by atwo-thirds favorable ~ Prohibits new or increased real estate transfer vote to impose temporary emergency taxes, if taxes. otherwise authorized and if not property taxes, to finance emergencies, subject to immediate ~ Prohibits new state property taxes. repeal if rejected by voters at the next district election. ~ Prohibits local income taxes. Excludes as emergency. conditions justifying ~ Prohibits income tax rate or definition changes - - emergency taxes and expenditures, economic from applying before the next tax year. conditions, revenue shortfalls, and district salary or fringe benefit increases. Prohibits graduated state income tax rates. Spending Limitg Allows districts to grant uniform exemptions and credits to businesses to reduce or repeal ~ Generally limits annual increases in expenditures business personal property taxes. to prior year spending adjusted for changes in the Denver-8ou{der Consumer Price Index plus Requires property tax valuation notices to be growth, unless voters approve additional mailed annually and be subject to annual appeal. spending in the form of a revenue increase at an election. Exempts certain enumerated categories of revenue from the limit. (For state Prohibits any presumption in favor of property government purposes growth means the valuation established by district. percentage change in state population in the prior calendar year. For local government Specifies certain criteria for valuation of purposes, growth means a net percentage property for tax purposes. change in actua{ value of all real property from construction of taxable real property State Mandl improvements, minus destruction of similar improvements, and additions to, minus deletions . ~ Except for K-12 pubic education and federal from, taxable real property. For school district requirements, allows local districts on a phased purposes, growth means the percentage change schedule to reduce or end local subsidies for in student enrollment.) programs delegated to districts by the General Assembly for administration. CITY OF WESTMINSTER TAX LIMI't'A't'tON ANALYSIS Prepared by: Finance Department September 1992 A5 r max:. CITY OF WE TMI TER S NS ANALYSIS OF TABOR III INCLUDED/EXCLUDED FUNDS FUND NAME IN/OUT COMMENTS j General In No exclusion in Amendment Open Space In No exclusion in Amendment Investigations Recovery In No exclusion in Amendment Debt Service In All revenue is included. However, debt service payments are not included as part of the initial base calculation; they are added to the initial base calculation to compute allowable Fiscal Year Spending ("FYS"). Capital Improvements In No exclusion in Amendment CDBG In No exclusion in Amendment; however, federal funds are excluded. 88th Ave SID In No exclusion in Amendment Utilities Out Excluded as an Enterprise Fund. The City can and has issued revenue . bonds payable solely from Utility Fund revenues. Expendable Trust In Workers C.....~, Medical, Dental, and Property and Liability Self-Insurance Funds are included. No exclusion in Amendment. =v- Pension Trust Out General employee, Police and Fire . Pension Funds are excluded because employee contributions and interest ~k.. are excluded in Amendment; employee contributions are included in FYS through other City funds. Volunteer Fire Pension has interest earnings only. ..:r~ Deferred C.,.., r Out _ The employer makes no contributions; employee contributions and interest are excluded in Amendment. DRAFT; FOR DISCUSSION PURPOSES ONLY FUND NAME IN/OUT COMMENTS Federal Revenue Sharing Out Amendment excludes federal funds. Standley Lake District Out Separate Government (District) Sheridan Park GID Out Separate Government (District) Amherst GID Out Separate Government (District) Housing Authority Out Separate Government (District) Econ Develop Authority Out Separate Government (District) Sales/Use Tax Fund In No exclusion in Amendment Conservation Trust In No exclusion in Amendment DRAFT; FOR DISCUSSION PURPOSES ONLY I CITY OF WESTMINSTER DRAFT; FOR ANALYSIS OF TABOR III D/SCUSS/ON PURPOSES ONLY COMPUTATION OF DEBT SERVICE PAYMENTS I (In T6ousaads ofDollars) 1986 1987 1988 1989 1990 1991 I GEN DEBT SERV 2,194 2,340 2,673 3,896 3,093 3,550 88TH AVENUE IMP (1) 19 95 111 44 0 0 SHOPS LAND NOTE (2) 71 71 71 71 0 0 O/S LAND NOTE (3) 0 0 0 950 972 0 TOTAL DEBT RV SE I CE <:>:::::::::>::2::: ~::::2> :....ff........A~t?;:>.............Y.~~....~.::::;::::::~`~~Y~.:::::>:a;;;:,.~~~~~,;::::':~;:~;:~y~i;i;i;:;i;i;b?r' "~i~l}i># _ _ (1) SERVICED BY 88THAVEIVUE IMPROVEMENT DISTRICT SPECIAL ASSMT FUND (2) SERVICED BY GENERAL FUND THROUGH 1989 (3) SERVICED BY OPEN SPACE FUND A$ CITY OF WESTMINSTER DRAFT; FOR DISCUSSION PURPOSES ONLY ANALYSIS OF TABOR III COMPUTATION OF "LOCAL GROWTH" ANNUAL LOCAL GROWTH =NET NEW CONSTRUCTION AND ANNEXATIONS DIVIDED BY VALUE OF PROPERTY BEFORE NEW CONSTRUCTION AND ANNEXATIONS i (A) TOTAL ASSESSED VALUE 1986 1987 ,1988 1989 1990 1991 Adams Co 182,807,130 322,732,270 305,344,880 275,781,170 276,123,910 264,498,300 Jefferson Co 107.523.950 237.805.860 228.654.130 206.052.980 214.065.610 208.491.010 TOTAL , :290,931„~D8lJ 56.0,538:1'30 ,:533,999,019:, ; 481:;834:,1517 .490,1,89,520 , 4.72,989,3:10;.:: (B) ASSESSED VALUE OF NEW CONSTRUCTION/ANNEXATIONS Adams Co 17,158,310 3,952,840 3,774,270 1,150 2,662,280 1,802,300 Jefferson Co 8.816.780 31.771.680 3.978.840 4.614.680 2.684.090 3.542.590 TOTAL :2 ,97!5.090 ; 35,.724.;520 ;:..7.,753;11;9...;.. 4:;61:5;839_. 5348,3T0 ::5,34,890:;; (C) NET ASSESSED VALUE WITHOUT NEW CONSTRUCTION/ANNEXATIONS (A-B) Adams Co 165,648,820 318,779,430 301,570,610 275,780,020 273,461,630 262,696,000 Jefferson Co 98.707.170 206.034.180 224.675.290 201.438.300 211.381.520 204.948.420 TOTALS ;:'264.;355;990::::.':. '824,$1.3,610,1.; ::;:';.526;245,900;><: ;.477,;21:8;320 484~848,1<50 467.;644;4;20;; C jj~j 96 GR OWTH B 83:.:................:....:....::.::::6:.$1;;:::;:;;::..::.::::;:.:..::.......1..47:.............:.:::;::::..::.:::..:.::::::. (NOTE: Actua/ Value should be used, but was unavai/able from Adams or Jefferson County) i CITY OF WESTMINSTER DRAFT; FOR DISCUSSION ANALYSIS OF TABOR III PURPOSES ONLY I COMPUTATION OF BASE YEAR REVENUE (In Thousands ofDollars) 1986 GENERAL FUND 8,428 OPEN SPACE 1,158 j SALES/USE 15,272 I CONSERV TRUST 158 - GENERAL DEBT 54 GENERAL CAPITAL IMPROVEMENT 2,857 CDBG 886 FEDERAL FUNDS (1) (543) 88TH AVENUE IMPROVEMENT DISTRICT 117 EXPENDABLE TRUST 33 ADJUST TO CASH BASIS (24) TOTAL ACTUAL REVENUE 28,396 LESS DEBT SERVICE (2) (2,284) TOTAL BASE REVENUE >'<~'~~E~~< (1) FEDERAL FUNDS ARE EXCLUDED FROM LIMIT (2) DEBT SERVICE IS NOT PART OF THE REVENUE BASE ~ A10 I C'~ ' CITY OF WESTMINSTER DRAFT; FOR ANALYSIS OF TABOR III D/SCUSS/ON PURPOSES ONLY COMPUTATION OF ACTUAL REVENUES (In Thousands of Dollars) 1987 1988 1989 1990 1991 GENERAL FUND 8,796 9,150 9,960 10,420 10,380 OPEN SPACE 1,457 1,506 1,628 1,846 1,987 SALES/USE 16,519 17,939 18,687 21,015 22,345 INVEST RECOVERY 0 0 152 26 26 CONSERVATION TRUST 197 196 164 206 297 GENERAL DEBT 47 342 461 442 324 GEN CAP IMPROVE (1) 1,640 788 1,381 1,336 1,427 CDBG 856 131 1,292 397 75 FEDERAL FUNDS (2) (467) (S1) (668) (289) (69) 88TH AVE IMP DIST 112 115 21 0 0 EXPEND TRUST 35 39 67 98 116 AD1 UST TO CASH BASIS 409 (478) (48) 195 (Sg) TOTAL ACTUAL REVENUE 29 ,601 29,677 33,097 35,692 36,850 LESS DEBT SERVICE (3) (2,506) (2, 8SS) (4,961) (4, 065) (3,550) T OT A LA D J U T S ED R EV E . ..r.........::::..:...~..., (1) EXCLUDES ALL BOND AND NOTE PROCEEDS (2) FEDERAL FUNDS ARE EXCLUDED FRO M LIMIT (3) DEBT SERVICE IS NOT PART OF THE REVENUE BASE 1 CITY OF WESTMINSTER DRAFT; FOR SUMMARY OF IMPACT OF TABOR III DISCUSSION PURPOSES ONLY (In Thousands of Dollars) GROWTH DATA: 1986 1987 1988 1989 1990 1991 % DEN/BLDR CPI 0.70 2.70 2.60 1.80 4.00 4.20 % LOCAL GROWTH 9.83 6.81 1.47 0.97 1.10 1.14 MAX % REV CHANGE 10.53 9.51 4.07 2.77 5.10 5.34 ACTUAL REVENUE DATA: 1986 1987 1988 1989 1990 1991 TOTAL ACTUAL REVENUE 28,396 29,601 29,677 33,097 35,692 36,850 LESS DEBT SERVICE J2.284~ f 2.506] •(2,8551 (4.961 ~ (4.065 (3.550 TOTAL ADJUSTED REVENUE 2fi,1t2 ;27,09b; 26,822 ' 28,136 31,627 33,300 f/ffflfffffflltfftffftffffflffllfflflfflffif fflffffffffffffflf ffffff lffffffff ffffftff REVENUE LIMIT: 1987 1988 1989 1990 1991 LESSER OF PRIOR YEAR: BASE REVENUE LIMIT; OR 27,914 28,687 TOTAL ADJUSTED REVENUE 26,112 27,095 26,822 X % PRIOR YR GROWTH RATE 10.53 9.51 4.07 2.77 5.10 BASE REVENUE LIMIT 28,862 29,672 ;`:;;;27,914:<::;2$,687,; 30,150 • ADD DEBT SERVICE 2.506 2.855 4.961 4.065 3.550 TOTAL REVENUE LIMIT 31,368 32,527 32,875 32,752 33,700 TOTAL ACTUAL REVENUE 29.601 29.677 33.097 35.692 36.850 EXCESS REVENUE '»::>:::::{t~~~7~~ 222, . 2x940 ~r~`~ t 1 R R f f f f f• f f 1 1 R f f f f f f f f 1 1 f? 1 1 R 1 f A f 1 1 f 1 1 f 1 f 1 f! 1 f 1 f! f f 1 f f f 1 1 f f f f f t f 1 1 f f 1 f f f R f t f f f f f f f f f' PROPERTY TAX LIMIT: 1987 1988 1989 1990 1991 LESSER OF PRIOR YEAR: PROP TAX REV LIMIT; OR 1,280 1,402 1,459 1,499 ACTUAL PROP TAX REVENUE 1,158 X % PRIOR YR GROWTH RATE 10.53 9.51 4.07 2.77 5.10 PROP TAX REVENUE LIMIT >::;1;28Q>»`>:1;402::::'>>.:?;:;1:;459:;;<::;1,499`< 1,575 ACTUAL PROP TAX REVENUES 1.286 1.425 1.614 1.667 1.650 A f i}:•Y.:y.:^;q}ix?:. iris:"^?v:::i:.:4iii;n.;!i4ii:tn;niiii:'i:^:{^:n;.:^iii??:•::.:n::.y.: ~:.:w::::::.v-,av,v::::::::::::• EX CE P SS R P O ERTY T AX 1 1 f 1 1 1 fI f f f f f f f f 1 R 1 f 1 f 11 1 f 1 1 1 1 1 f f f t t f f f• R f f f 1 R f f? f f f 1 f f f f 1 f 1 f f 1 f 1 f 1 1 f f f f f f f f f 1 f f 1 f f f f f OTHER TAX LIMITS (VOTER APPROVAL) 1987 -1988 1989 1990 1991 ACCOMODATIONS TAX INC 0 0 0 0 99 STORAGE TAX 0 0 19 23 26 ADM TAX-COV CHG 0 Q 11 15 22 T AX R ED U TI C ON A12 !'!"7 November 12, 1992 Version 2 QUICK MODEL FOR AMENDMENT 1 A "Quick" Version of the Model for Amendment 1 - 1992 BACKGROUND This Quick Model is a simple spreadsheet, both in terms of layout and in ease of data collection. It is based on the concepts in the full model for Amendment 1 and is designed to identify whether or not a government will exceed the revenue and spending limits for the test year. It _ should yield identical results to the full model, but ONLY if there was no revenue refund in the base year or voter approved revenue changes for either the base or test year (not a problem for the 1992 base or 1993 test years). ~ The Quick model takes advantage of the assumptions inherent in the full model: The Amendment is inherently a revenue limitation measure, not a spending limitation. d ~ ? The model assumes that it is impossible for spending to violate the spending limit because the Amendment requires "reserve" adjustments to spending that essentially ~ redefine spending as equal to revenues. Revenue limits can be violated and that is what the Amendment controls. ? Debt service is not a normal part of "base" spending. It does not have an inflationary ~ factor applied to it. ? The Amendment uses the cash basis. ? Exemptions are identical for revenues and expenditures. ? Transfers between funds are not included in the base or revenue and expenditure i definitions. HOW TO USE THE QUICK MODEL No theory is presented with these instructions. You should read the explanations in the full model (available from CML) to satisfy yourself that you want to use the model and that you are using the correct data and the assumptions. ' Cost of Living Index. Growth Index. and Reserve Percentage (Innutl - - - ^ The overall index far the Amendment is the Denver-Boulder cost of living for the base year (1992) plus property growth in the base year..At the time of this writing, the projected cost of living for 1992 was between 3.3% and 3.8%. Add your growth factor estimate. Unless you are a fast growing community, the growth component is likely to be small, e.g., under 0.5%. There is no protection against negative cost of living or growth factors. The minimum reserve requirement percentage for 1993 is 1%, 1994 is 2%, 1995 on is 3%. A~ i November 12, 1992 Version 2 List Funds that Are Imvacted by the Amendment (Inputl i Don't list. funds that are excluded under the model such as separate governments, true trust and I agency funds, or exempted enterprise funds. The full model gives you guidance as to what I funds to include. Be sure to also list any funds covered by the Amendment that you HAVE NOT budgeted. The model shows results with utilities both included and excluded due to the potential uncertainty of court interpretation of their status. Total Revenues lInput~ Enter total cash revenues. The intent of the design of this model is to allow cash revenues to be taken from a budget (or budget reports) which have estimated base year (1992) actual revenues and the test year (1993) budgeted revenues. Adjustments that are required to convert this data to cash should be identified in the Exemptions and Cash Adjustments column. Debt proceeds received in the year should either not be included as revenue at all or should also be included in the cash adjustments column so they can be subtracted out. I Exemptions and Cash Adjustments (Input Identif exem tions. For man funds, exem tions are robabl insi nificant or are obvious. Y P Y P P Y g - Exemptions include: gifts, federal funds, damage award receipts, refunds of revenue (not Amendment required refunds), collections for another government, pension contributions, , pension fund earnings, and property sale revenues. The dollar amount to list is the revenue received and n~ the expenditures associated with the revenue ' Include any cash adjustments in this column if your source of informarion for the revenue column was not pure cash. Debt proceeds received in the year should be included in the cash adjustments column, if they were included in Total Revenues, so they can be subtracted out. ' Transfers In (Inputl Identify all transfers in for the listed funds. Sometimes budget documents don't show transfers in. Test to make sure your budget shows that total transfers in equals total transfers out (across all funds). Check your previous year's audit to make sure the accountants don't call some regular entry a transfer that the budget calls a revenue or vice versa. Accounting rules guide this determination (according to the model). i i l A14 i November 12, 1992 Version 2 Debt Service (Inputl ' Identify the amount of revenue that is legally required to be generated for debt service or the actual revenue received if less than the legal amount required. You do NOT put the actual debt service payments here, only the revenue amount that must be legally generated. This distinction allows the model to takes into account timing differences between when debt service revenue is received and when it is actually expended for debt service. Decide what constitutes debt; then identify the debt service associated with anything you have defined as debt. As of the date of this version, most bond counsels seem confident that the courts will determine that alease- purchase transaction is NOT debt under the Amendment. However, there is uncertainty. Consult with your city attorney or bond counsel. You may want .to run the model two times, once including lease-purchase as debt and once not including it as debt. . Amendment Base (Output) This column is net revenues minus debt service. It is the base used to calculate allowed inflation and growth under the Amendment. Net revenues (not shown in the model as a result of space considerations} are what the Amendment defines as revenues and are equal to the total revenues . minus transfers, adjustments and exemptions. Limit Tests (Outputl These calculations tell you how much you will have to refund (or ask voters for permission to keep), what your percent increase in revenues and spending is and by what percentage you are over or under the limit. The actual "limit" is not shown in these columns since it is fairly meaningless when compared to the budget or actuals - it does not include exempt revenues and spending, cash adjustments or transfers in. Base. Limits. Refund. and Reserve Requirements for Test Year (Outputl These data are shown for summary purposes. Term definitions are as follows. A-Base This is the base per the Amendment and is the spending for the base year as defined by Amendment 1. It does NOT include transfers, exempt revenues, cash adjustments or debt service. It is the same as the base year Amendment Base column, above. Spending A-Limit The is the spending limit per the Amendment and is the spending limit for the test year as defined by Amendment 1. It is the "A-Base" times the Amendment increase percentage plus test year debt service. It does NOT include test year transfers, exempt revenues, cash adjustments. A15 . i November 12, 1992 Version 2 I Spending Limit This is the "Spending A-Limit" translated so that it can be compared to actual I revenues and spending. It is the "Spending A-Limit" plus test year transfers, exempt revenues, and cash adjustments. Revs/Spending This is projected or actual spending for the test year from the input columns I above. It can be compared to the Spending Limit. Re wired Refund This is the r wired refund and is the difference between revenues and the I Q ~l spending limit for the test year. h lesser of either the "S endin A-Limit" minus debt service or Reserve Spending This is t e p g the projected actual Amendment base revenues for the test year. Reserve calculations do not use I debt service. Required Reserve This is the required reserve. It is "Reserve Spending" times the appropriate reserve requirement percentage. The column for reserve spending does not always add since it uses a minimum test in each row. (See definition.) Other totals do not always add due to rounding. Version Notes Version 2 contains no major theory changes from Version 1. There is an important clarification in handling debt service -the debt service number should be the revenue number, not the expenditure number. Also, a minor improvement in the reserve calculation was made. Version 1 calculated the maximum reserve requirement. This version calculates the actual requirement. ' Some additional data and new terms are shown to help clarify the calculations and the meaning of the various numbers. The instructions have been rewritten to also help clarify the calculations and their meaning. Attachments. SuQ~estions and Comments i Attached is a spreadsheet containing the model. Also attached is a version of the spreadsheet with a grid and with the formulas attached. A disk with both Lotus 2.3 and 3.1 + versions is available from CML. Suggestions, corrections and comments are welcome. Contact John Gross, Finance Director, City of Aurora. The full model of Amendment 1 is also available from CML. JB\tabi4 A16 N Q~ 1 ,00;6 O N I, ~±'3: 1 iA 000v c: 1 0: o 1 I .o m I I I _ ;:cn y ~2eQ~ 13Q: ~3Q I i W N er Z 01 I 00: ~ d' I .iQ. I .:d' F- of > C c0 ~ I C< C er I O I ~ m U 11 .,I N 1 I~ J ~~a~ I ~ 1 ~ 1 ~ r O Z co I ch O I N I Q O pc ovor. •E ' .C y COOT I ti~O i:M. I ~i y m :m r I O I ~ 1 ;T. L Q CU' I ~ I I w y o N 1 y O O l O l N m p~ ;Cl:::zm: I I I a:: Z y ^ ~ 1 1 0 1 C Q I 1 1 .c m fA O N I X11 I' O I ~'"m O rI N m ro.: ~X m:r' m m ' :LIJ'!V t~:~ > tL o r N I ::p;` co ~ I ;jam: >R: o vi c+) ~ co ~ ~ C co r I apt c 1 r 1 ers ~ c: ri CV ~o a Z:. m O .a' r 1: r:: I; r I.^ m5 aL.. O r r c0 Q m;:: a O ~ W 'c~: m p` tr F- i m ~ o u~ 0 0 1 N o o I Q 1 uS' y v. ao r> ~n m m m; ~oor~ I.0 rah 1 N I ~ m.~.o^Io ~ y E~ 1 r; I I ~ tr 3,:,~; m m I 1 1 Qcm: m ~ Q O m L tL o u? 1 :iA o o V1 m m: ~ ad F- .r s:0:'~: I ~ r I ~ I C?: Z ~ cG ril ch c N. > v' W > ~ r r y rn.: ~ W ~::Q c ~ 3Q o 2 ~ w c~ ~I cOD !r ' C I a: I : O I 1~ O C:r.: co <ol cj ` Z W:; W ~,;:r m LLI bi ~ ~ I .0' I :O I O; ~ O1'~,,. c0 ~ r m Q m_ I ~ C r O O m ,x I I W m .:1: ~ Z ~ ~ w W . U; ~ c. Q ~ ,o LV m} Q o 0 0 o I ''o, o o I: q I d G cn: ,n o~ O~ Q O m~ ;0. ? p ~ M M C ~O 1 :10 I Imo: Z N: O NI N C m y m~ r I I I Q ~ O r r m y O O m Z O co L ~ a O W p CA E c m ~ c a~ c W y o m W m c0 j~ C JQ~ 7 O: « ~ O ~ c~: 3 v ~ ~ ~ vi .o Q U C7 Q C9 ti ci ci k~- 7~ F 'C'3' m O I c Z r L ' A17 - - A A B C D E F G H I J K L M N O P 4 1 (QUICK MODEL F R AMEMVDMEN 1 2 I i ti 3 I 4 Cost of Living Assum ion for Bdse Year 3.30% Reserve equ rement P rcentac~e 1.0°k 5 Growth Assumption f Base Year 0.30% 6 AMENDMENT 1 BAS INCREAS~: 3.60% 7 8 1 9 :BA$ YEAR 992 ''1 TES: `:YEAR 993 TE L MIT ST 10 'Total . :IExempt& .Trans . p .::Debt ''>k Amend ~ Total. xem t & Trans :.:.gebt ;Amend. ~ °~G.. ;°,6... 3 . 11 I Rev ICash:Adi: In:. 'Si3r.Rev'' ;.Base Rev !CashAdl.:a In :Ser:Rav .":Base:: ~ ; .Incr.::. . ;:Over.. . >:Refund 12 I I I I I I 13 (General Fund 100.01 1.0 1.0 98.0 I I 106.0 1.0 3.0 I 102.0! ~ 4.1 °k 0.5% 0.5 i. 14 fund A 15.01 ~ 7.0 8.51 (0.5~ I 15.1 I 7.0 8.51 (0.4) 1 20.0°k 16.4%~ 0.1 ~ 15 fund B ~ 3.0 ~ 3.01 I 0.0 I I 3.2 3.21 I 0.0 I I NA NA I 0.0 16 fund C 1 3.01 I I I 3.01 I 1.7 I ~ I 1.71 I-43.3%I -46.9%I (1.4 17 ~ I ----I ----I ----I ----I ----I. I ----I ----I ----I ----I i ----I ----I 18 otal' <Non UtilftV I >1k21..0~ ' 4':01 7 01 9,5:1. :1:00:5; I:. :1:25 01 i. 4.21 ;T:O'~ ;:11.51 i:T03:3: I 2:8.96 1s I ? I I I I I I I I t ~ I o s961.. (us 20 tility 1 I 10.01 I I 3.01 7.0 I, I 10.31 I I 3.01 7.31 ~ 4.3°,6I 0.7%I 0.0 21 tility 2 I 6.01 I I 1.0 ~ 5.01 I 7.4 ~ 1 I 1.01 6.41 I 28.0%I 24.4%I 1.21 ~ 22 I ~ --I ---I - -I ---I I I - I --I ---I -I I I - - ~ 23 ota1.:-;Utility .1 `16,0 OO k' ;0.0.1. '4 0{ ;.12:0.] 1 17 7 P 0 01 O:Q~ 4.01 : 13:7:1 I::: 14 29fi ..:10.6961 '1 3 2a 1 ----I ----I ----I ----I ----I I ----I ----I ----I ----I ----I I ----I i 25 rand Total:.. 1:37.0:1 ;4:01 i : >:7 01 .13.51 1<1251 I , :143.71. .42) . _ 7;0 f 15.51 >:117;0:'1 I:: :4.096f .:0.496 . 0:5 26 I I I I I I I I I I I I I I 27 I I ~ I I I I I I I I I I I I I 28 (BASE. LIMITS. REFIJlND, ANa RESER REQUII~EMENT$ FOR TEST 1f1=AR I I I I I I I I . 29 I I I I I I I I I I I I I I 30 I I' ISpendin Spendingf Revs/ Requiredl : I Reserve I Required) I I ~ ~ I I I 31 1 IA-Base i':;A. Lima:: Limit 1Spendmg! ..Refund ~ «ISperidingl..Ri3 erve!I I I I I I 32 ~ Non-Utility 100.51 115.61 126.8 126.01 (0.8 I 103.31 1.01 33 Utilities ~ 12.01 16.41 16.4 17.71 1.3~ I 12.41 0.11 I I I I I 34 TOTAL I 112.51 132.11 143.3 143.71 0.51 1 116.61 1.2 I' I I I I I 1 3s I I I I I I I I I ~ I I I I I ~ 3s NOTES: I I I I I I I I I I I I I I I ~ 37 h -This model does nbt take int account revenue refunds in thle base ye$r or (voter app~°ved revenue changl3s. Neith r of these limitations shoulb be a 1 1 38 I problem fora 192 base aid 1993 telst year. ~ I I I I 1 I ~ 1 1 • Printed on t3-Nov-~^ FiteE3rucegbwkF. .Version. A:A1: {Page 1/1 SWISSI8} [W20] 'QUICK MODEL FOR AMENDMENT 1 A:A4: {Page LT} [W20] 'Cost of Living Assumption for Base Year A:D4: {RT} (P2) 0.033 A:F4: {LTB} 'Reserve Requirement Percentage A:J4: {RTB} (P1) 0.01 A:AS: {Page L} [W20] 'Growth Assumption for Base Year AIDS: {U1 R} (P2) 0.003 A:A6: {Page LB} [W20] 'AMENDMENT 1 BASE INCREASE: A:D6: {RB} (P2) +D5+D4 A:B9: {Text S1} "BASE YEAR - 1992 A:H9: {Text S1} "TEST YEAR - 1993 A:N9: {Text S1} "LIMIT TESTS ry A:B10: {51 T} "Total A:C10: {S1 T} "Exempt & A:D10: {S1 T} "Trans A:E10: {S1 T} "Debt A:F10: {S1 T} "Amend A:H10: {S1 T} "Total A:I10: {S1 T} "Exempt & A:J10: {S1 T} "Trans A:K10: {S1 T} "Debt A:L10: {S1 T} "Amend A:Bil: {S1} "Rev A:C11: {S1} "Cash Adj A:D11: {S1} ^In A:E11: {S1} ^Ser Rev A:F11: {S1} "Base A:H11: {S1} "Rev A:I11: {S1} "Cash Adj A:J11: {S1} ^In A:K11: {S1} "Ser Rev A:L11: {S1} "Base A:N11: {S1} ^Incr A:O11: {S1} "Over A:P11: {S1} "Refund A:A13: {Page} [W20] 'General Fund A:B13: 100 A:C13: 1 A:E13: 1 A:F13: +B13-@SUM(E13..C13) A:H13: 106 A:I13: 1 A:K13: 3 A:L13: +H13-@SUM(K13..I13) A:N13: {LT} (P1) @IF(F13=0,@NA,(L13-F13)/@ABS(F13)) A:O13: {T} (P1) +N13-$D$6 A:P13: {RT} +L13-(F13*(1+$D$6)) Printed on 13-Nov-92 File: brucegb.wk3 Version 2 A19 A:A14: {Page} [W20J 'Fund A A:B14: 15 A:D14: 7 A:E14: 8.5 A:F14: +B14-@SUM(E14..C14) A:H14: 15.1 A:J14: 7 A:K14: 8.5 A:L14: +H14-@SUM(K14..I14) A:N14: {L} (P1) @IF(F14=0,@NA,(L14-F14)/@ABS(F14)) i A:O14: (P1) +N14-$D$6 A:P14: {R} +L14-(F14*(1+$D$6)) A:A15: {Page} [W20] 'Fund B A:B15: 3. A: C15: 3 A:F15: +B15-@SUM(E15..C15) A:H15: 3.2 A:I15: 3.2 A:L15: +H15-@SUM(K15..I15) I A:N15: {L} (P1) @IF(F15=0,@NA,(L15-F15)/@ABS(F15)) A:O15: (P1) +N15-$D$6 A:P15: {R} +L15-(F15*(1+$D$6)) A:A16: {Page} [W20] 'Fund C A:B16: 3 A:F16: +B16+@SUM(E16..C16) A:H16: 1.7 A:L16: +H16 @SUM(K16..I16) A~:N16: {L} (P1) @IF(F16=0,@NA,(L16-F16)/@ABS(F16)) A:O16: (P1) +N16-$D$6 A:P16: {R} +L16-(F16*(1+$D$6)) A:B17: A:C17: A:D17: A:E17: A:F17: A:H17: A:I17: A:J17: A:K17: f A:L17: A:O17: A:A18: {Page Bold S1} [W20) 'Total - Non Utility A:B18: {Bold SI} @SUM(B17..B13) A:C18: {Bold S1} @SUM(C17..C13) A:D18: {Bold S1} @SUM(D17..D13) A:E18: {Bold S1} @SUM(E17..E13) A:F18: {Bold S1} @SUM(F17..F13) I A:H18: {Bold S1} @SUM(H17..H13) Printed on 13-Nov-92 File: brucegb.wk3 Version 2 A20 .I... ~ a ' A:I18: {Bold S1} @SLTM(I17..I13) A:J18: {Bold S1} @SUM(J17..J13) A:K18: {Bold S1} @SUM(K17..K13) A:L18: {Bold S1} @SUM(L17..L13) A:N18: {Bold S1 L} (P1) @IF(F18=0,@NA,(L18-F18)/@ABS(F18)) A:018: {Bold 51} (P1) +N18-$D$6 A:P18: {Bold 51 R} +L18-(F18*(1+$D$6)) A:A20: {Page} [W20] 'Utility 1 A:B20: 10 A:E20: 3 A:F20: +B20-@5UM(E20..C20) A:H2O: 10.3 A:K20: 3 t A:L20: +H2O-@SUM(K20..I20) A:N20: {L} (P1) @IF(F20=0,@NA,(L20-F20)/@ABS(F20)) A:020: (P1) +N20-$D$6 } A:P20: {R} +L20-(F20*(1+$D$6)) A:A21: {Page} (W20] 'Utility 2 A:B21: 6 A:E21: 1 A:F21: +B21-@SUM(E21..C21) A:H21: 7.4 A:K21: 1 A:L21: +H21-@SUM(K21..I21) A:N21: {L} (P1) @IF(F21=0,@NA,(L21-F21)/@ABS(F21)) A:021: (P1) +N21-$D$6 A:P21: {R} +L21-(F21*(1+$D$b)) A:B22: A:C22: A:D22: A:E22: A:F22: A:H22• A:I22: A:J22: A:K22• A:L22: A:022• A•A23: ~Pa.~~-~o~ra-SI} [W20] 'Total - Utility z~:ers-:""{Bold S1} @SUM(B22..B20) A:C23: {Bold S1} @SUM(C22..C20) A:D23: {Bold S1} @SUM(D22..D20) A:E23: {Bold S1} @SUM(E22..E20) A:F23: {Bold S1} @SUM(F22..F20) A:H23: {Bold S1} @SUM(H22..H2O) A:I23: {Bold S1} @SUM(I22..I20) A:J23: {Bold S1} @SUM(J22..J20) A:K23: {Bold S1} @SUM(K22..K20) Printed on 13-Nov-92 File: brucegb.wk3 Version 2 A21 . A:L23: {Bold S1} @SUM(L22..L20) A:N23: {Bold S1 L} (P1) @IF(F23=0,@NA,(L23-F23)j@ABS(F23)) A:023: {Bold S1} (P1) +N23-$D$6 A:P23: {Bold Sl R} +L23-{F23*(1+$D$6)) A:B24: A:C24: A:D24: A:E24: A:F24: A:H24: A:I24: A:J24: A: K24 : A:L24: A:024: A:A25: {Page Bold S1} [W20J 'Grand Total A:B25: {Bold S1} +B18+B23 A:C25: {Bold S1} +C18+C23 A:D25: {Bold S1} +D18+D23 A:E25: {Bold S1} +E18+E23 A:F25: {Bold S1} +F18+F23 A:H25: {Bold S1} +H18+H23 A:I25: {Bold S1} +I18+2~3 _ A:J25: {Bold S1} +J18+J2.~ A:K25: {Bold S1} +K18+K;~: A:L25: {Bold S1} +L18+I.:~' . A:N25: {Bold Sl LB} (PI. F(F25=0,@NA,(L25-F25)/@ABS(F25)) A:025: {Bold Sl B} (P3.) i-$D$6 A:P25: {Bold S1 RB} +L," j5*(1+$D$6)) A:A28: {Page Bold LT} ~ ABASE, LIMITS, REFUND, AND RESERVE REQUIREMENT A:C30: {S1} ^Spending A:D30: {S1} ^Spending A:E30: {S1} ^RevsJ A:F30: {Sl LRT} ^Requi- A:H30: {S1} ^ReservR A: 230: {S1 LRT} ^Fequ~. A;B31: {S1} ^A=Ba~~~ A;C31: {S1} ^A-Li~~wM .A•.'D3:b: {S1} ^Limit A:~3:1: {S1} ^Spenc.~ ~.nq ~ - _ A:F'.3.Z; {S1 LR} ^R~^`~unc;: - - _ A:H3.1:: ~{S1} ^Spe~:.:Rng A: I31: {,S1 LR} ^ '.::.;~er A:A32: {gage L} :~~+OJ gin-Utility °:Da2: +F18*±(.1-+-~'~~~w$~~-~-" .~8..K18) ':~2: +H1.8 ed. on :~3--?~=~v~-92 File: brucegb.wk3 Version 2 A22 t . . I f•.?~ - . - town of nail ~yy - T5 south frontage road vail, Colorado 81657 (303) 479-2105 --~J~ office of town manager November 23, 1992 Mr. Scott McInnis Congressman-elect POB 1 Glenwood Springs, CO 81602 Dear Scott: Congratulations on your recent election as a new member of the U.S. House of Representatives. I apologize for the lateness of my note, but we have been out of town since the election. Thank you for stopping by on Monday, We were in a Council meeting and I am sorry to have missed you. I know you will be a committed and thoughtful Congressman, and we at the Town of Vail look forward to working with you in your new role. Best of luck as you undertake these new responsibilities. Since e , Rondall V. Phillips ~ T~~u Manager xc: Vail T~wu Council r RECEIVED NOV 2 ? 199? ~ wrr5 ,t„~ 5'4~ y ~ e ids ~Q ~{ou'~ „~,Q:u--'~ ~ k c,o~'~"~ ,rte ~ 1 ~I~~( you . y*'A~'a `R,~ ~01~9~`Y u~ W, 5 , P~,on~ v 9~~'~ ~1 S~ebov G~ - - - l- - ' . P• Welcome to ~ • _ ' - - - - _ o-- -1, - - - - _ YrSf~'~CO B~S~ _ 7 America's: Le9a~y = - - _ - : ~ ~ - • - . . - - - ~ - ~ - - • PRESENTED BY~'~~. . ' - . - -SUBARU = - - Registration - ' , ; . - - - . - - • - ~ _ ~ ~ ; Registration wil{ be.located in the Vail Room at the Lodge at Vail. It will open on Thursday, ~ ~ _ - - - - - ' December 10 at 12:00 noon. Hours of operation on Friday and Saturday will be from 7:00 am : - - : ; , until 8:00 m. On Sunda R istration will o en at 8:00 am and close at 3:00 pm. - . - P . Y• e9 p - Crederitials will be issued at Registration. Those with Lift Access are good for skiing on both Vail and ' Beaver Creek mountains beginning on Friday December 11 until the end of the day on Sunday, . • December '13.: _ - - - - - Social Functions ~ - - - - - - - HosoitaliN Tent:.- Open on Saturday and Sunday from 9:00 am.until 3:00 pm. • • . ~ :Proper credentials required for admittance. _ - - , • `America's Avenue: Visit the many special places of America all on one street Vail's ' _ - - own Bridge Street. Join us to kick off America's legacy on Friday - - - with this "street" party which will feature entertainment and food • - from ten of America's favorite cities. Open to all. Welcome Party: - _ - - Our kick off for Sponsors and VIP's, the YVelcome party will ;follow America's Avenue, starting at 8:30 and will be held in the ' - - - Colorado Ski Museum. Complimentary food.and drinks will be - : . ~ : -served. By invitation only. - - - Soonsor Breakfast: What a way to start the dayl Load the Vista Bahn by 7:45 and - •'•ti;; , : : - ' -meet us up at the Cookshack for breakfast and "chalk talk," then - - . - - . ~ ` ski the Downhill course with one of our Legends of Skiing as your - _ host. By invitation only...- - - : - - - - - ~ ~ - • - • - . Concert: - -In a long standing tradition, we are happy to orice.again offer a - : - concert featuring a major recording artist. Event Schedule - - - - • -Friday,Decemberll. - - - - • - - 6:30 PM. PUBLIC PICK . . . PEPI'S DECK, VA4L - _ - 7100 PM- . - AMERICA'S AVENUE STREET PARTY '...BRIDGE STREET _ - : . - - : 8:00 PM WELCOME PARTY . .....COLORADO SKI MUSEUM ,Saturday, December 12 - - ' - - 8:00 AM . _ ' - SPONSOR BREAKFAST COOKSHACK . - 11:00 AM ~ SUBARU WOMEN'S DOWNHILL. - - ..INTERNATIONAL > - - • .8:00 PM CONCERT PRESENTED BY PAUL MTTCHEt1. . . . . DOBSON ARENA ' ` - . ~ - . - . . ; • - • Sunday, Decembe~.13 ~ - - - . • . - .11:00 , - SUBARU WOMEN'S SUPER G . IMERNATIONAI ~ : ~ = , xc: ~~C~d~~,~~ a;,a~/ ~ aw~.~~~ ~ COPPER F«,R MOUNTAIN° RESOK~ Post Office Box 3001 Copper Mountain, Colorado 80443 I 303/968-2882 November 24, 1992 Dear Summit & Eagle County Resident: As you may know, Copper Mountain Resort and the Dobson Arena will have the opportunity to host the 1992 Colorado Special Olympic Winter Games again this year. This is an outstanding event and has been a great success over the past few years. A great deal of the success can be attributed to the support of the local business community and the many local volunteers who work very hard to ensure the success of this event. In an effort to keep you appraised of the future of this event and to thank you for you past support, I would like to invite you to a reception to meet members of the Colorado Special Olympics staff • and Winter Games Management Team. The reception will be held on December 8, 1992 at Copper~Mountain Resort in the Copper Commons from S:OOpm-7:OOpm. Refreshments will be served and a presentation will be made at 6:OOpm by members of the Colorado Special Olympics. We hope you will join us for this reception and again, we wish to thank you for your continued support of the Colorado Special Olympics. Please call Nancy Feely at (303) 968-2318, extension 6650 to let us know if you will be attending, and I look forward to seeing you there. Sincerely, COPPER MOUNTAIN, INC. r-- Q C DeF rrcrest, HA Vice President ~ Sales and~Hospitality Services , ja "E r.. i . t-~+, °j~t " ~4 ~ , ~F'~ , _ T A~,z ~Q ~ F 19g~ ~ r 1~~~ cem~e ,y.., De m '1'~~ t o ~ y R• S and °S~~~S ..pster~os of 1ac~1e Paa~oad #B3, west v~l• e ' oin us at the home` uth F~~`ge R k ~ownl~om pleas J at 175 mouth at Spice Cxee ntage Road, tum 3 • ydELC4~~ ONS: From South pie p~ is ~ UtUt $ DID f rliatterhorn ~`~e• . dust wes O of a h ~R m ~ n m ~G~, o 00~ e m y ~ Get . 'w. ~ ~ p Qt ,r0 a~; ` yk 'Y ~~.r . - -^Y~4.. S, Aj ~ ~ • '1 t ~ ~ y ~/~f Y7IIAVV~ ~ , r' ~~'d.. y; Si a,._..., r ~ ~3 ~ ---w--'fix, ~,~92 s (;~11tCt ` M ~ 'The Re~ gax 3414 post O~ 0 81658 _ Colotad vim, C~ ~-y ~ i,~'. k., 4~® ~V~ ~ .FOUNDATION - - , ~ ~ ,VAIL, COLORADO, NOVEMBER-1992 ' VOL. 11, NO. 3% _ - ' • ~ v ~ on one of the-longest and most tech_ nical~- . VAiL VALLEY FOUNDATION;. , ~ ~aiie~ca'n" CJ cle downhills iri the world. " ~ " ~ - - HI~.G~HLIGHTS - - ~Classle . ~ . - ` ~ _ ~ ' Ten~different;countries-were . , ~ _ • _ ~ _ _ ~ ,represented by, t-he media;': and ESPN _ ~ - 7, i , - ~ - ,The inaugural American Cycle Classic -aired a'one-hour special on the Cycle ~ • ' ' • _ , .hosted by the VaU Valley Foundation -Classic, wJhich~wassupplemented'by_ T ~ ~ - " . America s~ Legacy_ ~ , received great reviewsfrom competitors, _ several of the Denver network affiliates. -aA ~ ~ ~ ~ _ sponsors and spectators alike as _ ' ' ~ The races were also broadcast' F _ • and the Amerlean. -international mountain bike racing came ,throughout Europe on.Eurospor-t which is • - ~ , ~ ~ - to the Vail Valley, September, 3-7;~1~992.. _ their.equivalent to ESPN. ~ \ ; `S~ Classic _ ,Highlighted by the Grundig/UCI'World Vail hays been awarded-a World"Cup - Cup Finals; nearly`10,000 biking`, , _ "Cross country race and 'World Cup ¦ Women s World Cup Ski Racing. will return in December,• This year's _ enthusiasts. lined the sunny streets of Vail Downhill competition for"the summer of - events will be as exciting as ever with Village and the technical portions of the "199'3. Mark your calendars for,)uly~ \ ~ ~ -the<holiday season bound to enhance rn~untain terrain, fo cheerori the racers -16-18 as the Foundation will gear'up for- . the whole weekend. The Women's' % as they competed for the title of overall another excifiFlg event. - - - - - . ~ (Downhill and - ~ World Cup ch"ampion in both the men s ~ - ~ --9 y - , ~ r _ _ Super=G will . r ' and women's division. ~ ~ - ~ ~ _ ' As a'result of~heir American Cycle ~ - - ~ = " < be•held in Vail » ~ ~ • 1994 World' on the Interria= - " Classic efforts, Ruthie Matthes of Boulder ~ _ 'tiorial ski run ' and'Thomas Frischkne`cht of Switierland ~1VIUUYIfari •Blke~ , - earned top~honors for.tlie 199.2 season. - with many fun , The World.Cup cross country course ~Charil loriShl S • ~ -.activities sur=;' . ~ ~ -featured a unique interface with the- r ' - _ . rounding this, - - streets of Vail Villa e,.brin iri the s ~o~t. ,'Presentations have been made to,the.~, annual event: ~ 4~_ of mountain bike racing t ghe spectators ~ UCI Technical~Groups and the. ,Highl•ights . `~SF,~TEp e~ sJe~' - while providing an.interestirig change-of .International Mountain Bike Commission ` will'inelude a _ _ _ - _ ~ relative to the Vail;Valley Foundation ~-"Public Pick" , ~~AII,COIOPnDO.6FCEmBEi,i-~a ; " • ~ 'a ~f - ho`stin the 1994 World Mountain~Bike" ~ for the first~seed ~ •S~°°°'"""'"'S"'"`°"°`°` ~ < _ A p ~ _ g - ¢u6,eu wCY.uMS OOw"wudwve~°~ _ - Championships. As the U:S. candidate; `start order to be ~ ~ ` ~ ~ ~ -the Foundation's presentations-were very ;held on Pepi's-Deck on~F'.riday, • , - r - [ ~ weld received. The final vote will take. `December 11. Following will'be the, I > :place;in_Orlando,~Florida over-the America's Avenue Sfreet,Party with ~ Thanksgiving weekend atthe UCl ~ B:ric~ge Street celebrating various regions 's congress. If Vail •is awarded the ' ~.`in-the United States..A concert is ' - • - _ , ` ~ Championships,"they would fall-in mid= scheduled"at Dobson Arena on Saturday, ~ .September, 1994. `1 ~ ~ . .ro~. -December.l2~ Mark your-calendars _ ' _ ' ~ ~ 't Y ~ according to the schedule on the back , ~ ~ 1992 OVERALL MEN'S WORLD CUP`CHAMPIONS-(LEFt , _ ~ , - - ~ - TO RIGHT)=GERHARD 1LADROBILEK~6THPLACE~SIM '1- ~ ~ ( ` - ~ page. - , . COULD, 5TH PLACE] JOHN TOMAC, 2ND PLACE, ~ N1111Q IO1~•_ ~A F~~~] - ~ ~ l . ;THOMAS FRISGHKNECHT~ 1ST PLACE] NED OVEREND, - 1 ~ {\r_lll - ' 1 , ~~~1ii, iilli {{..~~Ji. ¦ THE AMERICAN SKI ~CLI~SSIC W III Or1Ce , 3RD PLACE, DARYL PRICE, 4TH PLACE: , ' - ~ - TO determine educational ~projects'that ~ ~ again continue in traditional ~fashion~.an8~ • pace for the competitors. Probably the _ `.'merit funding, the Vail Valley Founda=_"` , be held•from March 10-14, •1993..The - , ,tion_ has,enlisted the assistance of local- , • . - ~ ever.popular Legends of - ,most exciting spot was on Wall Street, .education`and'community leaders _The'~ ` ~ ~ Skiing will return-to~ ~ , where the competitors raced~d4wn,the - ~ ~ ~ ,-d , a renew the rivalr twisted steps, - - . ~ i committee held its first organizational _ ° Y " . Racing got under way on Fridaywith meeting•in October to_begin.the id'entifi- • which they ' , _ ~D_ 1~3 _ all treasure.. the )ose Cuervo Mar aritas bual SI'alom, 'cation process: At.their )uly board , o a , g r meeting; directors of the Foundation;' = ` ° There are , ' - an interesting event-as the competitors - always raced a slalom cou7se,on their,bikes.' ~ made,th-e commitment to pursue educa-- _ ; ~ , ' 'tiorial projects that impact.ea`rly - ~ , ^ - ~ ' ~ surprises and - ' After carrying their bikes up the hill; -the ; ~ ->s%' n. ' " - race~s-negotiated the gates on the course ' education as well as"projects for adult-1 - ~ a ° ° n. o tough competi- - VAIL Si BEAVER CREEK , ,;with agreat deal~of finesse; stfength and ,residents andyisitors.,The committee "tion among these will also play an integral role in fhe,for- ~ - ,(AMERICAN, "skiing greats as courage.•The,Subaru. Citizen s race held' - , mulation,of a Ion ran a lan for. , ' ~ they,continue'to - ~ , on Saturday, September, 5', was a chance _ g g• p SKI CLASSIC. , • 'for localsand visitors to'test their skill ~ ~ educations projects supported by the-~ ~ Y P~~~°«dbY shape~the entire " - X ~ Foundation;'The~Foundation will ~ . = ;sua~aRU: ~ ski racing world ' and stamina on.the'tough Vail m"ountairr ~ r ~ % - % _ - =continue to support the highly successful - ~ ~ ~ with their• _ _ M1, tour"se; • _ - " ~'Hornblower Scholarship Award" for = . _ support and long-terra commitment to Concluding'the event was-the Coors - ~ = - , ; ~ - ~ u _ ' ' 'Dry Dowhhill held on'Monday. This area high school students , . ~ 'the sporty . ' The Foundation hasari -exciting"and, The Ford Cup is scheduled for • ~ event was a straight race to the finish Fine ~ . ~ ~ , and'the'person with the fastest time wa_s challenging opportunity to play a critical Thursday, March~ll,, and;Friday; March - crowned~the winner. From the rocky, ~ - role in the positive development of edu- ^ 12. WeII-known.,celebYities:will come technical•start ramp at the top of China ; _ cation in our community. We encourage' • and i-ace.for fun_and prizes'along with " Bowl to the muddy twisty Rock Shox-and you,to become involved=visit your local. some of Vail's own~well-known VIP's. - , - - Roll alley, the racers zipped down the. =schools; volunteer your time: If you are "This.five-day"event will be held at _ -interested in additional iriformation;~~ Beaver Creek,and is~always a great " mountain in times of-15 minutes and less - ~ ~ ~ , ~ - - ,t _ -please contact Liss_a' Mackintosh. , 'V spectator event: ~ ~ „ ! ~ , : - , . i ~ . - ' PAGE,2 '"FOt~US"`~ ~ - NOVEIvPBER ;1992,' . - /7 ~ _ • ~ . ``Bolshoi Ballet• ~ ; ; ~ ~ ~;-Gerald _R, Ford; VAIL VALLEY FOUNDATION'PRESENTSs ; _ 5-, - . _ , , - ' > ~ ~ - 1994~AMER1 ll'S'LEGACY=SCHEDULE. , . ~ Academy.: -at: Vail, ; ; , ~ -Amphitheater _ - - - ~ - . ~ ~ \ - _ _ ~ . t - ~ FRIDAY, DECEMBER 11 st - _ This summer,'s'Bolshoi Ballet - , - The Amphitheater;.owned and man- - l,i:oo•am 'Dow"rihill~Training- international, Vail _ ` ~ Acad-emy-of Moscow performarices aged'by,the Vail ~Vdlley FOUnddtiOn,~Offl- •:.6:30 pm Public Pick ~ Pepi's Deck, vail ~ , were heralded byaudiences and critics ~ -~~cially closed its'doois for'ihe summer of. _ i ~ ~ 7:oii pm' Americ'a's Avenue erid~e street, - " alike` Urider the~direction ofMadanje 1992 on September 7th. A record rium= Parci' Vag - - ~Sophia.Golovkina,~the students of the ~ ber of performances-took place~over the ~snruRDnv, DECEMBER•12 ~ _ ~ _ ~ , • , Bolshoi delighted~the crowds. T;he r. - summer, ranging from the Bravo! Col-~ ' ~-1:00 am Subaru Downhill 'International, vail - ' Race . _ ' -highlight of the sold-out perforrriances ~ orado Music Festival concerts,:to the- _ ~2:3o Pm o`ovunhilLAwards `Ir,tematior;al . ~ ' - - ;was the inspiring artistry of•Prima; ~ rock musician`Carlos Santana, to~the~ ' ~ Ceremony- ~ stadium„Vail • ~ Ballerina Nadezhda-Grachova: Iri~ her ; popular Jerry Ford, and.Friends Coricert. s;oo~pm tConcert and ~ Dobson Arena, _ ' _ - first'U;S. appearance, she held the,- ~ Attendance soared again this summer _ ~ • ' P~bl~c Pick-~ vail t - ' ~ ~ audience spellbound .with her . ' with the-facility filled to capacity for a~~- suniDAV, DECEMBER-13-' ' ~ . - ;interpretation of Fokine's Dying Swan. ; ~ 'number of.'performanees. A_reco~d of 78 , 11,:OO~am SRace.Super=G- ~ International, vail . ~ ; The Denver Post's dance critic•Gle.n events were booked over the course of - - L ~ 2;3o pm SCper'.G Awards, ~;Internationah ' _ ' ~ ~ ~ .Giffin described her performance as, - ,the summer. ` - - a ~ ~ - eremony Stadium, vail : ~ - . , - '~,,...a erfocmance to-die for:" ' \ \ • , _ i , , ' \ , • : ,P ~ The weatherization-improvements- _ _ _ _ The_1,993 season plans are well J' made to,the stage last spring-proyed.to ' - - ~ - 199.9 World- - ~ ~ , ~ ` ~_under%way: Performance date"s will be . " be a great benefit for_the performers. - _ ~ , - ~ announced in~November and~tickets ~ While enduring.a stimmer~plagued with, ' Alpltle ~ ~ - ` ~ ' < will go;on,sale`througki Ticketmaster in " ' rainfall, the roof; rain shields performed ' ~ ~ . .'December: - ~ - admirably-enabling the concerts to con- ~;ChairiplonshipS ¦ 'The_Bolshoi Ballet~Academy at Vail time for the most part'uninterrupfed.'In ~a~ ~dd~~ a' ' 'for U:S. students will take.amajor step- , addition;. the heaters installed in the roof p ~j - J• < ' , ~ as'it becomes a ful I 'scholarship program , 'above the stage were well- received by_ - The ibid to-Bost the 1999 World ~ ° ~ , • - -for feri boys, and ten girls; ages -14-17,.: " -the entertainers, as many are not used to' , 'Alpine-Ski Championships continues - - ~ ~ ~ At the successful completion of two ' , : the cool.mouritain, air: ~ ~ - ~ _ this fall as the •members-of the Vail' , _ ' , _ , ' • - _ ~summers,•Ivladame Golovkina has gen-, ~ Some_new,~policies,were, instituted World, Championships Campaign l`' • `erousl-y offered~to scholarship these - this summer to enhance'the quality oft ~ ' Committee attended the FIS'Fall. - . ' ~ • ,'atudents for afour,-'month term'in ~ = the Gerafd.R. Ford Amphitheater. Aban - - ~ Meetingsat the;beginning of October.:-, - Moscow. This.wil,l mark the first time ir1 on emoking~in~the facility was imple- ~ The`America's Legacy World_Cup races,:,• - hstory`where there will be a full inter- ' ~ mented in'late July; as was a policy,to ~ - fo-be held thisbecember will ;be ' = 'natiorial scholarship program.kietwe-err restrict beverage containers that'had utilized as a showcase to•once again _ , ' _ ~ the United-States and Russia for-the : ~ _ been opened previously. The latter poli_, ~ '~proGe the caliber and quality of event , - , _ r,- ' training of dancers at the,Bolshoi~.~.: - cy was instituted to aid compliance with ~ 'that the~Vail Valley is capable of ~ tiAcademy: This program.enables`the Vail - state li-quor codes:. _ ' ' ~ hosting. The campaign will continue,iri ` Valley to share the riches of Russian • _ ¦ At the time of;printing this newslet=~ 1993'witli trips scheduled-to the Worfd ~ ' dance training.w.ith young male~dancefs ',.ter, 18 performances have already been = • 'Alpirie and Nordic Chempionsfiips'to ~ ' ' > _ ~ .:and begin to feed the U:S.. darice world ' ,scheduled for the summerof 1993. Ttie ~ enhance/ our. presence,and solidify our ' ' - .with teclinicall,y strong and.artis"tically ~ seventh summer.-season promises to b,e intentions in.holding this tremendous' 1 - ti _ ~~expressive rriale'daricers. Auditions'for ~ as active-and eritertainirig•as ever! _ - everit. T,he vote for~the 1999 World - - - the 20-scholarships will. be ,held in' - - .t ~ ' ~ ~Championsliijis_will take'place•in June - - ' ~ ! ; = Bravo. Colorado'Mtisic Festival has . i .major dance.centers throughoutahe~ ; :-of 1'994-at.the FIS Congress. in-Rio deg , - _ . ,confirmed that plans,'are well under way ~ ' - %United~States-once'again-establishi'ng ~ Janiero. - , ' Vail"as a major summer dance center. for the~Rochester',PhilharmonioOrchest`ra ~ ~ _ f_ „ - to renew their residency contract-for the ~ _ - ~ . ` - , ~ ~ - - ' 1, _ 1993 Music Festival season. This. superb, ~ ~ FOCUS IS'A,QUARTERtY PUBLICATION OF THE ' - , ' ' ~ ~ orchestra delighted concert goers the past VAII VALLEY FOUNDATION; A~COLORADO $PONSORSHIP.OPPORTUNITIES are available ,for the - two summer witlitheir extraordinary tal- ' ~ - 501 fcjl3l NONPROFIT,CORPORATION: " _ upcoming;American Ski Classic ancJ the National > ~Fbr more information,- lease write P.O.'Box'309,~ ~ - ' Disabled Ski Championships. For more informa-' _ , ents and,the_Vail Valley will certainly P ,Vail, Colorado 81658 orcall-303-d76.9500.; i t. tion, call,the Vail Valley Foundation. ~ - ;look forward to their return. r , ~ _ j - i ~ - ; i Nonprofit Org. _ _ f~ ~ "Y . - - ' .BULK RATE ' ~ - ` ' - - l , ~ - \ _ ~ 'U.S. POSTAGE \ , . - ~ ~ ; - , . ~ = - PAID , ~ ° FOUNDA-RON~ / J _ ~ i l .~u-,.. ~ i - - ~ - ~ Permit # 20 - y ~ - Mr. Ron V. Phillip . s _ - _ ' ~ - Town of Vail d ' ~ ~ - - ~ ~ _ ~ - ~ ~ 7 5 South Frontage Roa - _ P.O, Boz•309 ~ i l • ~ - C~ 81657 - . - Vail,C081658 ~ ~ ~ , ' - ~ Vall ~ ~ , ~ -303-476-9500 ~ ~ ~ - ~ . / i Fnx 303-476=7320 " - .r ~ l ~ - ~ - ' ~ _ TELEX.910-290-1989 ' ~ ~ ~ ~ - ~ - ~ - ~ - _ 1. -r, \ ~ ~•'~-/Dw.a,~_,~, ~ ~ ' If you. {believe in~ our prograyns, ~~h~lp - us -J ;3' ~ ~ • '_~~contnue~ to `make them available.:: ~ ~ ' '~We, need your support! ~ _ ~ = , ~ ' . ~ , ~ ~ _ ; '1' ? $1- 99 ,Contributing Member Your Name _ ~ ~ ~ ~ ' " ' _ • ~ - ` ) ? , $100 ' Supporting Member' ~ Address ~ ' ~ ~ ~ ~ r ~ $250 ~ ,Community Patron ~ ~ ~ i ' ~ ~ , - ~ - F . ~ , $1,000 ~ President's Circle ' ~ - : ~ ~ ~ - , ~ ' - 'Telephone ' _ - ~1 ~ , a ~ - `Please inquire about our other special' membership programs. , , , ~ - - . _ ~ - VI~.VI~.E~ , ~ , 1 P:O. Box 309, [Pail, Coles 81658 ~ _ ' _ ~ , . ~-FOUIVDAITON' X803) 476-9504 - . • ~ 7~ianks very much! A Colorado 501 (c) (3)~NonproSt C:..,.,.. a.:on; \ ~ ~ _ ~ ~ _ z w TOWN OF V(A' IL Pamela A. Brandmeyer Assistant to the Town Manager PUBLIC NOTICE VAIL TOWN COUNCIL MEE Y ~+1G SCr~i,ULE (as of 12/1/92) DECEMBER, 1992 The Vail T„~u 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 N~~TINGS 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. Y ~ DECEMBER. 1992, VAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesdav. December 1. 1992 Work session 6:30 P.M. Evening meeting 7:30 P.M. Tuesdav, December 8, 1992 Work session 2:00 P.M. (startingtimedeterminedbylengthofagenda) Tuesdav, December 15, 1992 Work session 6:30 P.M. Evening meeting 7:30 P.M. Tuesdav, December 22, 1992 No Work Session Special Evening meeting* 7:30 P.M. (*Presentation of The Chuck Anderson Youth Awarda) Tuesdav, December 29. 1992 No Work session TOWN OF VAIL Pamela A. Brandmeyer Assistant to the Town Manager WORK SESSION FOLLOW-UP November 25, 1992 Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1991 11/19 NEWSPAPER VENDING LARRY E./ANDY/MIKE M.: What can be done to make Locations for the newspaper boxes have been MACHINES these uniform and locations less prolific? determined and approved by all TOV departments. Staff will talk to Larry E. to determine if voluntary agreements or an ordinance outlining locations are appropriate. Working onwrap-up by early winter 1993. 1992 02117 EXTERIOR LIGHTING KRISTANIANDY: Draft ordinance. Consultant is doing research on more lighting concerns. An evening meeting site visit has been scheduled for 12/15/92. 08125 FOLLOW-UP PEG/PAM/LARRY G.: Mr. Shrader has called to find out Additionally, as requested at the 9/9/92 Speak Up WITH BUCK SHRADER (CDOT)/ whether there has been improvement on the maintenanc 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. We will include in our communicated by Pam. communication a request for splash guards at the Bald Mountain Rd./1-70 overpass, as well as a thank-you for cinders choice on i-70. 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. Schedule for further discussion at work session on 1/12193. 09!08 INTERNATIONAL LARRY G./KRISTAN: Now that the "real" International 3 citizens showed up at the 11112192, meeting - Packy "FOOT' BRIDGE Bridge is complete, pull out the footbridge. Walker, Jeff Bowen, and Flo Steinberg -with unanimous recommendation to "yank the bridge." Scheduled for Council work session on 1218192. > WORK SESSION FOLLOW-UP November 25, 1992 Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 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 first reading at evening meeting FOR BOARD APPOINTMENTS to 8 consecutive years. 12115192, adding eligibility requirement after 1 term of (request: Shearer) off the board (i.e., 2 years off.) 09/22 SPEAK UP MEETINGS PEGIRON/CAROLINE/BRUCE CHAPMAN/PAM: Meet to Will do. discuss some proposed changes to the Speak Up Meetin series, i.e., format, acquisition of debatable topics, presentation to annual condominium association annual meetings, speakers from "like" impacted communities (Carmel-by-the-Sea, etc.) 10/27 ELEVATOR INSPECTION LARRY E./GARY M./KRISTAN/DICK: Tom Steinberg Meeting set for 1211/92, 8:30 A.M., in Kristan's PROGRAM brought in proposed resolution to adopt legislation office. (request: Steinberg) for the elevator inspection program. 11103 UNPLATTED LANDS AS KRISTAN/MIKE MOLLICA: Have we followed up with Will do. DONATIONS contacting owners of parcels that may be given to (request: Steinberg) TOV as gifts -understanding we are still moving through the LOA process. 11110 COUNTY REGIONAL COUNCIURON: November and December meetings have MEETINGS been canceled. January meeting tentatively scheduled for Wednesday, 1/20/93, at 5:15 P.M., TOV Council Chambers. Between now and this meeting, staff will work with "host" entity on setting agenda, assuring attendance, etc. 11120 CANCEL COUNCIL EVERYONE: Work session for December 29 has been WORKS SESSIONS/ canceled. A Soecial Evenina Meetinq on 12/22 has DECEMBER '92 been set for presentation of Chuck Anderson Youth Awards only. fOR IMMEDt,~1T6 FtELI=.AS~: ~ _ - _ Novembbr 2B, 1882 ~ ' FF. Y..:. . ~i: MAdiaContsct: Tom Steinberg 4T6-5427 ~ , ~ , ~ ; V4LL,9VAlL1~Y tafllAMUNITY FORMS R~PFAL TtNO TASK I~~CE Vbll, Colo. A nsimber of ttammtisrit~i leers the pubaa and private sectors of the Vast Valley have farmed a aonsartium to ursderstarsd, educate; d aommunw~te issues assotdatad with Amendment Tv~rd to the. Colorado State Cdn~titudtars and :uhlit~atety work on the repeal of thin measure. ''Collecti~iely we absoiutehr oppose ditzrrUnlnstlors' ref ~1? Idnd. We voted a dive tto, both tavm- wide and c,~ouryty-wide, to the am~?dmarn acid we went ~r ~us~ to iir~r th8t the page of Amendment Twa is 'clot reflective of die Vail cotstnstantty,'Tha Vail Toiii?rt'~ounail has~unanitctously approved a resolution vvhich'raefFirms~its belief in•eriuatity for all individuals and expresses ice opposhion to Amendment Two,• said Vail Mayor Msrparot IPeggyi Osterfoas. ~ = ' ;,z ; ~e- r, t Ht+rry Frampton, :chairman .of the Vail Valley~FQUndhtldn and matttbt3r of the aspeal tare cask force, rammerrted that •we will ask the towns and county gavemmeMs to pans a resolution which expres8e$ their sbsolute opposition m Amendment Two.' , Leaders from the towrss of Vaii and Avon, Eagle County, Vail Associates, ttre VeU Valley Tourism and Canvantion Bureau and the Vail Valley Foundation have met and wW continue oo meet to understand exactly what Amendment Twv means to Colorado, tine Vag community and, in tum, what the local community can do about it. '1Ne wRl work within the comrnurrity, through the Repeal Two task force, to mWgpts any negative community ~,~,ptions which may have rattulted from any broad brush assumpdons based on its passage,' said town of Avon MayorAibert ~tajrita~ds. _ ~ ~ A According to Andy daly, president of Vats , 'we're mavicsq flocs a grass coots movement ro a raort3 formal carn~n, N^vi~itn0 pi4ttiy of Cvmcnunify involvanfont' .lames Jdtnson, Eagle County Commissioner-i~Ct and member of the Repeat Artiendment two task force commented, 'as a txmsmunity, the Amendment's Impact has not been dramatic from a business point of view, but is detrlrr?er~l !n !ts MpGcations. Our ~t objective ~ to get the word out that we iR Eagle aonnty do not, nor wW not discriniirsate.• "The Amendment, by design, was ambiguous its it3 won~'inp and confusing to the voters,' said OsterFass. •We will study the legal ectiana tt~e't ws cars address. We want anY action taken ro be posidve.• -30- 1 OVER ZOd J~UO ~ ~JNI~l~?i?JdW-"1IHA Sl z6~6606 Ib=60 i:0-'vi-Z66I tip. ~ .r.. ~ 1..~ Q~'; ;:4 ~ ~ ~ AMaIDMENT II J t1ie~Va~ Vallejrcomniunhy,~ with ~rearesenmtivas froee tt!re towns of Vaii and Avon, EaQte County, the Vdil Tcurixn end Convention Visttora emu, y~l y,u~y and Vail Aasoc9ates, Inc. have forrnNlBted a task force to work on the repeal of Amendment Two >n Colorado. The cammuntdes of Vall and Avon and Eagte County as a whole v+otsd in oppoaitipn to Amendment Two, and we as a community do not support discrimination of any sort. -f'uhOc and private entities of the Vail Va>tey are working in a unit$d. manner tv tegalhr challenge Amendment 7~vo and to educate aw community on our progress. ~ .J The Vail Town Council has sppraved a resolution which witl express itB appasitian tv Amendment Two and expresses the town of Veil's commitment and intention to work and support the efforts to repeal this measure. idle County and the Town of Avan will consider sknilar such resolutions at next i week's municipal meetings. The Vaii community wholeheartQdly wakomes Quest$ to our valley representing all races, creeds, penders~ national origins, rsligiana and sexi,al preferer+ce. a ~ A k~ i~ ~@ 4. t t i f ~ ~ ~J IOd 900 ~ ~JNI1~7121dW-1I HA , ; ~ 51E~6t~6E0E Ot?:60 IO-ZL-i;66i