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HomeMy WebLinkAbout1993-09-21 Support Documentation Town Council Work Session VAIL TOWN COUNCIL ~ TUESI]AV, SEPTEMBER 21, 1993 1:00 P.M. IN OIJNCIL CHAfIABERS REVISED'AGEN®A 1. Site Visit: The Stu Brown Property, 1330 Sandstone Drive. 2. Executive Session: Personnel Matters, Legal Matters. 3. DRB Report. 4. Joint Work Session between the Vail Town Council and the Eagle Board of County Commissioners. Discussion Re: General Matters of Interest and Concern. 5. Discussion Re: Eagle County's Proposed Initiation of a 112% Sales Tax Question to Voters within the County for Support of a Countywide Transportation and Recreation Bike Path/Trails System within the County. 6. Discussion Re: Long Term Goals. 7. Discussion Re: Police Building Expansion. Contract Review. Construction Schedule Review. Interim Parking Review. 8. Information Update. 9. Council Reports. 10. Other. 11. Adjournment. N®TE V~EVISIE® MEETING START TIMES BEL®W: THERE 1NILL BE A Sd~ECIAL VAIL T®1AlN C®UNCIL BU®GET W®RI( SESSION ®N THURS®AY, 9/23/93, BEGINNING AT 6:00 P.M. IN TOV C®UNCIL CFIAIIABERS. TFIE 6`IEX'V VAIL T®VUN COUNCIL REGULAR VV®RK SESSI®N WI~.L BE ®N T4.&ES®A~f, 9/23/93, BEGINNING AT 11:00 A.M. IN T®V C®UNCIL CFIAMBERS. TI~ERE ~i'ILLL BE A SPECIAL VA~I,,L T®®VUN C®~9NCIL BU®GET ~/®RIC SESSI®N ®N TI°IURSDAY, 9/30/93, ®EGINNING AT 6:00 P.I~i. IN T®V C®UNCIL CFiA~ABERS. TB~E 1=®LL®~ING VAIL ~'®1~1N C®UNCIL REGULAR ~/@R!C SESSION WILL BE ®r~l TUES®A~f, 10/5/93, BEGINNING AT 11:00 A.M. IN TOV COUNCIL CFIAMBERS. Tf~E E®LL®WING VAIL T®WN C®UNCIL REGULAR EVENING MEETING 1RlILL BE CN TUES®AV, 10/5/93, BEGINNING AT 7:30 P.M. IN `~®V C®UNCIL C~IAIVIBERS. ~ C:VIGENDA.WS VAIL TOV1fIV COUNCIL ~ ~~~~I 114d~~S®d~iII, SB=1~T~IU1®G1ll eL 1, 0~~7J ~1:00`P:Ni:'9N T®V C®UNCIL CHAMBERS AG1=N®A 1. Site Visit: The Stu Brown Property, 1330 Sandstone Drive. 2. DRB Report. 3. Discussion Re: Long Term Goals. 4. Discussion Re: Police Building Expansion. * Contract Review. * Construction Schedule Review. ~ Interim Parking Review. 5. Joint Work Session between the Vail Town Council and the Eagle Board of County Commissioners. Discussion Re: General Matters of Interest and Concern. 6. Discussion Re: Eagle County's Proposed Initiation of a 1/2% Sales Tax Question to Voters within the County for Support of a Countywide Transportation and Recreation Bike Path/Trails System within the County. 7. Information Update. 8. Council Reports. 9. Other. 10. Adjournment. ~PIOTE-REV 9SED_ItAEETI(NG=ST~iFB`r=T9lVIES_BELOiA/;~ ~ ~ ~ THERE WILL BE A SPECIAL VAIL ~®WN C®UNCIL BU®GET VV®RIC SESSI®N ®N THURS®AV, 9/23/93, BEGINNING AT 6:00 P.B. IN T®V COUNCIL CFIAnABERS. TUBE NEST VAIL T®WN C®UNCIL REGULAR W®RIC SESSI®N MILL BE ®N °~UES®Alf, 9128/93, BEGINNING AT 1 ~ :00 A.Nd. IN T®V C®UNCIL CH~?IMBERS. THERE WILL BE ~ SPECIAL VAIL TOWN C®UNCIL BU®GET VV®RIC SESSI®N ®N THURS®AV, 9/30/93, BEGINNING AT C;00 P.f~A. IN T®V C®UNCIL CIIAIUIBERS. THE f~®LL®WING VAIL TOWN C®UNCIL REGULAR WORK SESSION WILL BE ®N TOES®AV, ~ 0/5/93, BEGINNING AT 1 ~ :00 A.M. IN 'C®V C®UNCIL CHA~ABERS. THE P®LL®WING VAIL ~®WN COUNCIL REGULAR EVENING I~AEETING WELL BE ®~I TUES®AX, 10/5/93, BEGINNING AT 7;30 P.11~. IN T®V C®UNCIL CHAMBERS. C:~AGENDA.WS ~ i VAiL TOVIIN COUNCIL T4.DES®AY, SEPTEMBER 21, 1993 1:00 fP.M/~ V~OI?FICEI_ CHAMBERS REVISE® EXPAN®E® AGEIV®A 1:00 P.M. 1. Site Visit: The Stu Brown Property, 1330 Sandstone Drive. Andy Knudtsen 1:45 P.M. 2. Executive Session: Personnel Matters, Legal Matters. 2:45 P.M. 3. DRB Report. Jim Curnutte 2:55 P.M. 4. Joint UVork Session between the Vail Town Council and the Eagle Board of County Commissioners to discuss general matters of interest and concern. 3:55 P.M. 5. Discussion re: Eagle County's proposed initiation of a 1/2% sales Pam Brandmeyer tax question to voters within the County for support of a countywide transportation and recreation bike path/trails system within the County. Action Requested of Council: Discuss and decide upon TOV's position in regard to this tax initiative proposed by the County. Backaround Rationale: Eagle County is proposing to initiate a 1/2% sales tax question to voters within the County. These monies would be earmarked for support of a countywide transportation and recreation bike path/trails system within the County. 4:25 P.M. 6. Discussion Re: Long Term Goals. 4:55 P.M. 7. Discussion Re: Police Building Expansion. Tom Moorhead Jeff Layman Action Requested of Council: Review contract with Tom Moorhead. Backaround Rationale: Negotiations with DVC have resulted in a contract agreeable to all parties. Council needs to review certain details of the contract so as to ensure they are satisfied with the contract and authorize the Town Manager to sign the contract. Staff will also discuss the construction schedule and parking plan. Staff Recommendation: Authorize Town Manager to sign contract 1 e and proceed with project. 5:25 P.M. 8. Information Update. 10. Council Reports. 11. Other. 12. Adjournment. I~O~E REVISE® MEE~'ING STARS TIMES BELOW: ~ T&~ERE WILL BE Pa SPECIAL dA~pl~Lp ~T®®1A/N~/C®®UN (C~Is~L BU®GE~ VV®RI( SESSION ®N 11 @-E'L89"HS®A 9 , .7/~3/.7a7, BEGINNING AT 6:00 P.M. IN ~OV COUNCIL CIiAMBERS. ThIE NEXT !TAIL TOWN COUNCIL REGULAR WORK SESSION MILL BE O~1 TUES®A~f, 9/28/93, BEGINNING AT 11:00 A.M. IN TOV COUNCIL CFIAMBERS. T~IERE WILL BE A SPECIAL VAIL TOWN COUNCIL BU®GET WORK SESSION ON THUIRS®AV, 9/30/93, BEGINNING AT 6:00 P.M. tN TOV COUNCIL CIiAMBERS. TIDE FOLLOWING !TAIL SOWN COUNCIL REGULAR WORK SESSION WILL BE ON TOES®AY, 10/5/93, BEGINNING AT 11:00 A.M. IN T®!! COUNCIL CIiAMBERS. Tb~E 1=0LLOWING !TAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TOES®AV, 10/5/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CIiAMBERS. ®6 ® ® ® ® ~ ~ C:~AGENDA.WSE 2 33 Tlo T ~v2 PuJ3u ~ VAIL TODUIV COUNCIL ~ u IUESIOA 1f y ~G~~~M®~0"U 6 Y y 1.7.7'8 9 :00 ~.M. fIP9 ~®V COiU1VC@~ C9iA?M~icIRS EXPAPI®~® ACEIV®A 1:00 P.M. 1. Site Visit: The Stu Brown Property, 1330 Sandstone Drive. Andy Knudtsen 1:45 P.M. 2. DRB Report. Jim Curnutte 1:55 P.M. 3. Discussion Re: Long Term Goals. 2:25 P.M. 4. Discussion Re: Police Building Expansion. Tom Moorhead Jeff Layman Action Reauested of Council: Review contract with Tom Moorhead. Backaround Rationale: Negotiations with DVC have resulted in a contract agreeable to all parties. Council needs to review certain details of the contract so as to ensure they are satisfied with the contract and authorize the Town Manager to sign the contract. Staff will also discuss the construction schedule and parking plan. Staff Recommendation: Authorize Town Manager to sign contract and proceed with project. 2:55 P.M. 5. Joint Vllork Session between the Vail Town Council and the Eagle Board of County Commissioners to discuss general matters of interest and concern. 3:55 P.M. 6. Discussion re: Eagle County's proposed initiation of a 1/2% sales Pam Brandmeyer tax question to voters within the County for support of a countywide transportation and recreation bike path/trails system within the County. Action Reauested of Council: Discuss and decide upon TOV's position in regard to this tax initiative proposed by the County. Backaround Rationale: Eagle County is proposing to initiate a 1/2% sales tax question to voters within the County. These monies would be earmarked for support of a countywide transportation and recreation bike pathJtrails system within the County. 4:25 P.M. 7. Information Update. 8. Council Reports. 9. Other. 10. Adjournment. 1 N®TE REVISE® nAEETING START TIAAES BELOinl: TB~ERE Vl~ILL BE A SRECIAL !/AIL ~®WN C®UNCIL BU®GET ~A!®RK SESSION ®N TIiURS®Alf, 9/23/93, BEGINNING AT 6:00 P.nll. IN T®V C®UNCIL CFIANIBERS. THE NE~fT !TAIL ~'®iA/N C®UNCIL REGULAR ~V®RK SESSI®N /ILL BE ®N TUES®AV, ~/2>~/~3, BEGINNING AT 1 ~ :00 A.nA. IN TOV C®UNCIL CFIAIVIBERS. TIiERE 9dllILL BE A SRECIAL VAIL ~®~IN C®UNCIL BU®GET @!V®RK SESSI®N ®N TIiURS®AY, 9/30/93, BEGINNING AT 6:00 I~.I1fl. IN T®V C®UNCIL CHAnABERS. 4I-IE E®LL®WING !TAIL T®1n/N C®UNCIL REGULAR WORK SESSION 1l~ILL BE ®~9 TUES®AV, 'B 0/5/93, BEGINNING AT 1 ~ :00 A.M. IN T®V COUNCIL CFIAMBERS. TI°IE 6~®LL®VIIING VAIL ~'®V!/N C®UNCIL REGULAR EVENING nAEET1NG V!/ILL BE ®N TUES®AV, X0/5/93, BEGINNING AT 7:30 P.RII. IN T®V COUNCIL CFIAIVIBERS. C:WGENDA.WSE 2 11 (a) ...a..La 1403014 %f conditions are encountered by Contractor that will, for whatever reason, require a change, delay, or extension of time in progress of the work including, but not limited to, discrepancies in the drawings and weather delays, such conditions and observations by the observing party shall be given to the other party immediately and in no event later than five (5) days after the first observation of the conditionsa Once notified, any required changes in the work will be addressed pursuant to Article 7, AIA Document A 201 and any other pertinent provision hereino Failure to notify the other party will result in a denial of any adjustment in the Contract Sum and Contract Timee Att~ChffieYit oogoo ~ 0 3 0 ~ Claiffis for ConoeaYed or IIakaowa Conditioa~s v If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party immediately before conditions are disturbed and in no event later than five (5) days after first observance of the conditionso The architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or botho If the architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasonse Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decisions If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred tq the Architect for initial determination, subject.to further proceedings pursuant to Paragraph 4e4a ~ Attachment oo~oe k4 , 3 a ~ %nj urlr or Daanage to Person or` Property o I f either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a " reasonable time not exceeding five (5) days after first observances The notice shall provide sufficient detail to enable the other party to investigate the mattero If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4e3e7 or 4e3e8e - i e. ®ESBG~I REVIEW S®,4R® AGEN®A September 95, 1993 3:00 P.NfI. PROJECT ORIENTATION 92:00 - 1:30 p.m. SITE VISITS 1:30 - 3:00 p.m. 1. Kulvet - 884 Spruce Court. 2. White - 1283 Lionsridge Loop. 3. Lampe - 2328 Garmisch Drive. 4. Spruce Creek Townhomes, Phase III - 1850 S. Frontage Road West 5. Gondola Building - 600 West Lionshead Mall. 6. Molyneux - 1628 Vail Valley Drive. ' 7. Storr - 1945 Sunburst Drive. Drivers: Andy and Shelly AGENDA 3:00 P.M. 1. Monique's -New awning and sign. 100 East Meadow Drive/Phase V, Vail Village Inn. Applicant: Gottfried Staufer MOTION: Borne SECOND: Brainerd VOTE: 4-0 Consent approved. 2. Gondola Building -New awnings. AK 600 West Lionshead Mall/Tract C, Block B4, Lionshead 1st Filing. Applicant: Vail Associates, Inc. MOTION: SECOND: VOTE: Tabled to ®ctober 6, 1993. 3. White -New single family residence. AK 1283 Lionsridge Loop/Lot 4, Block 3, Lionsridge 3rd Filing. Applicant: Kenneth White MOTION: Arnett SECOND: Borne VOTE: 5-0 Tabled to ®ctober 6, 1993. 4. Lampe -Site improvements. SM 2328 Garmisch Drive/Lots 13 and 14, Block G, Vail das Schone 2nd Filing. Applicant: Annemarie Lampe MOTION: Arnett SECOND: Borne VOTE: 4-0 Tabled to October 6, 1993. 5. Wilson -Addition. ~ SM 792 Potato Patch Drive/Lot 11, Vail Potato Patch. Applicants: Ken and Joyce Wilson MOTION: Borne SECOND: Brainerd VOTE: 4-0 Consent approved. 6. Storr -New single family residence. SM 1945 Sunburst Drive/Lot 11, Vail Valley 3rd Filing. Applicants: Hans and Carol Storr MOTION: Arnett SECOND: Borne VOTE: 5-0 Approved with conditions. 7. Urano -Excavate crawlspace. AK 5033 Snowshoe Lane/Lot 25, Vail Meadows Filing No. 1 Applicant: Duane Piper MOTION: SECOND: VOTE: Staff approved. 8. Spruce Creek Townhomes, Phase III -New single family. AK 1850 S. Frontage Road West/Lot 6, Spruce Creek Townhomes, Phase III. Applicant: Michael Lauterbach MOTION: Brainerd SECOND: Borne VOTE: 5-0 Tabled to October 6, 1993. 2 a. , 9. Molyneux -Repaint. AK 1628 Vail Valley Drive/Lot 1, Warren Pulis Subdivision. Applicant: J.P. Molyneux MOTION: Borne SECOND: Arnett VOTE: 5-0 Approved dvith conditions. 10. Assenmacher -Landscape modification. SM 4453 Glen Falls Lane/Lot 5, Forest Glen Subdivision. Applicant: Gerhard Assenmacher MOTION: Borne SECOND: Brainerd VOTE: 4-0 Tabled to October 6, 1993. ° 11. Kulvet -New landscaping and fence. AK 884 Spruce Court/Lot 10, Vail Village 9th Filing. Applicant: Chai Kulvet MOTION: Borne SECOND: Brainerd VOTE: 4-0 Tabled to October 6, 1993. 12. Gold Peak Ski Base -Bus-stop realignment and parking lot expansion AK 458 Vail Valley Drive/Tract F, Vail Valley 5th Filing. Applicant: Vail Associates MOTION: SECOND: VOTE: 't'abled to October 6, 1993. 13. Manor Vail -New sign. AK 595 Vail Valley Drive/Part of Vail Village 7th Filing. Applicant: Manor Vail Condominium Association MOTION: SECOND: VOTE: Tabled to ®ctober 6, 1993. 3 MEMBERS PRESENT MEMBERS ABSENT Mike Arnett Bob Borne Sally Brainerd George Lamb Jeff Bowen (PEC) STAFF APPROVALS Bald Mountain Townhomes - Reroof all three buildings. ' 2335 -2350 Bald Mountain Road/Bald Mountain Townhomes. Applicant: Bald Mountain Townhomes Association Town of Vail Bus Stops -Replacement and additions of bus shelters. 75 South Frontage Road Applicant: Town of Vail Nicholas -Siding material, fenestration, and color changes to previously approved plans. 330 Gore Creek Drive; #13Nail Rowhouses. Applicant: N.J. Nicholas Spziech -New primary/secondary residence -employee unit deed restricted. 2445 Garmisch/Lot 11, Block H, Vail das Schone 2nd Filing. Applicant: Adam Szpiech Wood -Repaint. 2458 Garmisch/Lot 26, Block B, Vail das Schone 1st Filing. Applicant: Glen Wood Enzian #318 -New window. 705 W. Lionshead Circle/Enzian Condominiums. Applicant: Fred Kelly Hicks -Site improvement. 225 Forest Road/Lot 25, Block 2, Vail Village 1st Filing. Applicant: Ed Hicks White -Dormer. 1881 Lionsridge Loop, #12/Lot 1, Block 3, Lionsridge 3rd Filing. Applicants: Keith and Jeanette White Simba Run (Savoy Villas) -Temporary viewing platform -located on Phase II. 1100 North Frontage Road. ~ Applicant: Simba Land Corporation/Walid Said 4 Nourse -Addition. 304 Bridge Street, #R-3/Lots E, F, G and H, Block 5A, Vail Village 1st Filing. Applicants: Bob and Aagje Nourse Ray -Addition. 1454 Greenhill Court/Lot 1, Glen Lyon Subdivision. Applicant: Duane Piper Potato Patch Townhomes, Unit H -Site improvements -new deck/hot tub. 770 Potato Patch/Lot G, Block 2, Vail Potato Patch. Applicant: Shapiro Development/John King Schabacker -Addition. 3015 Booth Falls Road/Lot 16, Block 1, Vail Village 13th Filing. Applicant: John Schabacker Kiss -Minor revision to previously approved plans. 2615 Davos Trail/Lot 21, Block B, Vail Ridge Applicant: Diana Kiss Four Corners -New landscape plan and stairs. 1310 Westhaven/Cascade Village SDD. Applicant: Colorado Mountain College Condominium Association 5 ~ ~ ~ ~e~ ~o~~.-~-~a~~ G~~'~~8~l~® S~~ ~ ~ 9~9~ g~~1 ~esth~ivera Ciscl® ~~ilo C®lO~ad® X1657 September 10, 1993 Merv Lapin Vail Town Council 75 South Frontage Road west Vail, CO 81657 Dear Mervo As you know BRAVO! COLORADO has recently concluded another extremely successful season, bringing many highly talented musicians and large audiences to the Vail Valley and once again placing Vail in the top echelon of another category - home of a world class music festival. The phenomenal success of the festival is attributable to many factors, including the dedication and perseverance of many talented and committed individuals in our community and the existence of three wonderful venues for the performances - the. Gerald R. Ford Amphitheater, the Vail Interfaith Chapel and the Chapel at Beaver Creek. while the Amphitheater provides an opportunity for wonderful music to be performed and heard in an extraordinary setting, allowing the community, our guests and the musicians to savor a truly unique musical experience, this potential is not being realized. Instead, because of the Amphitheater°s close proximity to the baseball fields and the attendant noise generated by the enthusiastic players and spectators, each concert has been seriously disrupted, not only this season but in seasons past. The noise level not only distracts the audience, but many of the performers have confided in me that this is an extremely serious issue, which distracts from their concentratian and their performance level. Obviously this is not the environment our community wants to provide if we are to pursue the highest standards of excellence for which Vail has become famous. Over the last several seasons I have attended numerous concerts and sat in various sections of the Amphitheater, from the left and right sides to the front and back, including the lawn seating area. The results were always the same, whether at a crucial moment in the performance when the soloist was "between notes00 or when the Rochester Philharmonic Orchestra was playing the crescendo of Tchaikoskvy°s 1812 Overture, cannons and all, the cheers and jeers of the players and spectators at the contiguous baseball field could be heard. Some may suggest that I am over-reacting to a little noise, but I would remind those persons that a little noise is not tolerated at a golf match when a player is lining up his/her putt and that every year when the Vail Valley hosts the Jerry Ford Invitational, strict adherence to this etiquette is demanded from one and all. If our community is going to host an event like BRAVO! COLORADO, then I think it is incumbent upon us to do so in a first rate manner, consistent with the vision we have of our community as a world class resort. This is especially true when the solution is extremely easy to implement and will not cost anything. This last season there were twelve concerts at the Amphitheater, ten of them started at 6e00 pm, one was a youth concert at 11e00 am, and one on July 4th at 3000 pm. Since most of the noise appears to emanate from the field closest to the Amphitheater, it would appear that all that is necessary is for there to be a conscious effort on the part of the Vail Recreation District to only schedule the use of the field in question at times when the Amphitheater is not booked for a concert. Since the concert schedule is established months in advance of the festival, it would appear that all that is required is for the VRD to find, over the lenght of the summer season, a dozen or so alternate dates for the use of a field or maybe four early games on all three fields . Since I am aware that the Town owns the baseball fields and make them available to the VRD, I believe that it would be completely appropriate to address this issue in the up coming negotiations with the VRD over its future use of the baseball facilities and I therefore request that you and the rest of the Town council focus your attention on this very important issue in conjunction with granting the VRD continued use of the baseball fields, which should be expressly conditioned upon the requirement that there is no conflict with BRAVO? COLORADO°s use of the Amphitheater. err truly yours, l~ ~ ~oward L. Stone cc?Vail Town Council Mrs. Patricia Herrington R~C~IVLD SEP 9 ~o- DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST 9995 BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND JANEIL TURNBULL MARY LAWRENCE MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCROLL JODY DOSTER JIM HOZA DAN STANEK ANNIE FOX `uu DETO~ LEO VASQUEZ JOHN GALLEGOS JOE KOCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND KEN HUGHEY MANUEL MEDINA TODD OPPENHEIMER TOM MOORHEAD P.W. INFO. BOARD FILE MEMORANDUM T0: LARRY GRAFEL, ACTING-TOWN MANAGER FROM: GREG HALL, ACTING-DIRECTOR OF PUBLIC WORKS/TRANSPORTATION DATE: SEPTEMBER 13, 1993 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF SEPTEMBER 13 - 17, 1993 STREETS AND ROADS A. 1. Asphalt paving: a. Pave lane along Holiday Inn. (110) b. Shoulders Bighorn Road/East Vail parking lot. (110) c. Install invert & basin on Lions Ridge Loop. d. Install pan at Stephens Park. (30-9081) e. Regrade Ford Park parking lot. (30-9081) 2. Concrete projects: a. Install placques on sculptures throughout Town. (2100) b. Repair rock wall at Lionshead Plaza. c. Install 3 chaise sections at Bishop Park. 3. Bus shelter/post/sign repair: a. Investigate Lionshead gate, if not functionable replace with a sign (buses only). b. Relocate Vorlaufer post a few feet from bridge so bus is stopping just short of post instead of post being in middle of bus when pulling in. 4. Sand, grind and paint railings on Sewer Plant Bridge. (30-9082) 5. Hire surveyor to locate property corner in East Vail, Buffehr Creek and Blue Cow Chute guard rail. (4200) 6. Assist contractor on Slifer Fountain repair. (511) PARKING STRUCTURE/TRANSPORTATION A. 1. Remove and replace expansion joints at Lionshead. 2. Wash down Village structure. 3. Work towards final inspection for locker room. 4. Contract with welder to fabricate screen to block use of Circle K Bus Stop fireplace. x R~ PUBLIC WORKS PRIORITY LIST Page 2 PARKING STRUCTURE/TRANSPORTATION (CONTINUED) A. 5. Mike to attend CML drug testing seminar with Bob Mach Friday, 9/17. 6. CASTA meeting and Bus Roadeo in Greeley from Saturday, 9/18 - Wednesday, 9/22 for bus personnel. CARPENTERS A. 1. Begin replacement of slide/swing at SS Park. (30-9089) 2. Perform totem pole repairs. (4600) 3. Construct bus shelters: (524) a. Reconstruct Juniper Lane. b. Red Sandstone. 4. Perform street sign maintenance. (4~bOO) 5. Replace volleyball posts at Sandstone Park. (4500) ELECTRICIANS A. 1. Perform line locates as needed. 2. Continue Sonnenalp Street Light Project. 3. Hook up vacuum at bus wash. 4. Order parts to hook up radial table saw at VTC. 5. Repair lights at Stephens Park. 6. Investigate fresh air supply fan motors at Village & Lionshead TRC. 7. Repair lighting perimeter at PW Administration Building and Bus Barn. 8. Attend PD Building meeting on Wednesday, 9/15 at 9:00 am at Municipal Building. PARKS DEPARTMENT A. 1. Aerate lower bench Ford Park. 2. Coordinate Gore Creek Promenade with Corp of Engineers. 3. Negotiate price for Gore Creek Promenade with B&B. 4. Receive bids on Gore Creek Pedestrian Bridge. 5. Begin landscaping at East Vail Parking lot. 6. Pick up replacement trees from SaBells. 7. Move offices upstairs at Public Works Shops. 8. Begin design work at Bighorn Park. 9. Remove sprayer from Unimog. 10. Extend irrigation pipe in South Frontage Road berm for "Trees for Vail" project. 11. Perform Municipal Building irrigation work. 12. Trim willows covering recreation path sign off Vail Valley Drive. GH/dsr S ~~I;1 `-N E ~ r ! ' ~ i '1 \ ~d CONTACT: Pam Brandmeyer, (303) 479-2113 F®R EIVIME®BATE REUSE September 15, 1993 _ , T®!~!N ®F ~iN~91~ NAMES f~EW ~U6~.9C RE~TD®NS ®EFI~ER rp The Town of Vail is pleased to announce the arrival of Suzanne Silverthorn to the position of Community Relations Officer. Suzanne is replacing Caroline Fisher, who left the Town in August to pursue her doctorate in organizational r psychology. She will begin work for the Town on Monday, September 27. Suzanne comes to the position with considerable experience in the public i relations and tourism field. She is currently the executive director of Channel ` ~ 5, the Vail Valley's public access television station. Suzanne worked in the private sector, as well, acting in a public information capacity for a museum in Kansas City, Missouri. She was also employed by the City of Kansas City as the public information officer, where she accummulated vast knowledge of the multi-faceted municipal background the Town of Vail felt important to complement their information office. ~s Suzanne was chosen from a field of seven interviewed candidates, half of whom were out of state. More than 85 resumes were received by the Town of Vail for this position. l~ --30-- 75 SOU"1'H FRONTAGE ROAD VAIL, COLORADO 81657 TELEPHONE 303-479-2100 s 1 \ u 1~d TOi~'~l OF VAIL From the desk of... Larry Grafel . - _ ~ ~ . ~ ~ ~,lh~~ v~ ~G'G~ ~L~?~e~ ~ ~ ~ ~ ~ C ~ .~C7 c'" . ~~l~~tr'c~7 c%' ` ,lc. ~ . i J C_.. ' G ~ r 1 t ~J// o ~V®RE~~f~l~ ®6~~Ta September 7, 9993 STATE RESP®NSE PLAN T® RE~9®NAL C®fd91b8lJN9TY & EC®N®IV19C ®EVEL®Pft~ENT PR9®R9TBES SECTION I: INFRASTRUCTURE A. E@®t1S9NG 9SS9JES: 9ncrease the availability of affordable housing for both loud and moderate income families. - State Response: Colorado Division of Housing will work to establish multi-agency approaches to financing both owner-occupied and rental housing with special emphasis on communities where a shortage of housing units limits economic development. Timeframe: Ongoing Required Resources: Existing federal and state grant funds, CHFA originated tax exempt bonds, local government contributions and fee waivers, loans from commercial banks. 2. Revievd state and local tax and fee policies for adverse effects on affordable housing. State Response: Division of Housing will work with municipal and county officials to identify tax and fee policies which may have adverse effects on housing affordability. The division will review these policies and propose legislation for the 1995 session if indicated. Timeframe: 1995 Required Resources: State Office of Regulatory Reform, HUD Regulatory Reform for Affordable Housing Center, Municipal League, Colorado Counties, Inc., Special Districts Association. 3. Seek ddaiver procedures for federal income threshholds related to housing assistance. State Response: Division of Housing will explore with HUD in spring 1994 and seek legislation for high cost areas if needed. Timeframe: 1994-95 Required Resources: Existing staff -1- ` t f~u 4. Educate rural lenders and local governments on Community Reinvestment Act opportunities. State Response: Governor is requesting Division of Housing and newly established Rural Development Council to undertake this as a multi-year project beginning in 1994. Timeframe: 1994 start date Required Resources: Existing CDBG technical assistance project staff, Federal Reserve Bank of Kansas City. 5. Assist requesting communities and regions in financing affordable housing studies. State Response: Department of Local Affairs and Division of Housing have assisted with financing in this area where local governments prioritize the need and share in the cost of such studies. Timeframe: Ongoing Required Resources: Existing HOME, CDBG and Impact Assistance funds. 6. Increase the pool of low interest financing for affordable housing. State Response: Division of Housing will explore feasibility of expanding, on a voluntary basis, regional revolving loan funds to include housing development funds. The division will seek involvement and commitment, of federal partners and private lenders in building financing pools at local/regional level. The division will provide information to Colorado-based retirement funds on the opportunities for investment in mortgage-based backed securities as a result of .the 1993 Federal Budget Reconciliation Act. Timeframe: 1994-1998 Required Resources: Existing staff, Colorado Home Investment Loan Fund, CHFA Housing Opportunity Fund, Housing Assistance Council, Rural Community - Assistance Corporation. 7. Limit housing impact fees. State Response: There are no state imposed housing impact fees. These are set by municipal and° county governments. However, the Division of Housing will seek legislation to grant authority to water and sewer districts to set differential plant investment fees for developers of affordable housing for low income individuals. Timeframe: 1994-95 Required Resources: Existing staff -2- 1 ) e B. L®CAL G®i/ERNIl~ERIT ISSUES: 'I. The state should provide public information and hold meetings with local government officials on the long-term implications of .Amendment I. State Response: The Department of Local Affairs' Division of Local Government will cooperate with municipal, county and district associations to provide such training. Timeframe: Ongoing Required Resources: Existing staff 2. Bleed state leadership in developing "Enterprise Funds" so that user fees, where appropriate, can be charged directly to-the consumer and not be subject to Amendment I limitations. State Response: The Division of Local Government will assist local units of government in establishing such funds upon request. Timeframe: Ongoing Required Resources: Existing staff 3. The state should continue to provide financial assistance to local governments to finance public infrastructure for community and economic development needs. State Response: The Department of Local Affairs, Department of Health and Office of Business Developmentwill continueto providefinancial assistance through EPA, CDBG, Energy and Mineral Impact and Economic Development Commission grants and loans for these types of projects. Timeframe: Ongoing Required Resources: EPA, CDBG, Impact Assistance and EDC funds _ Improve drainage/flood protection. State Response: The Colorado Water Conservation Board and the Department of Local Affairs will identify and fund such projects on a limited basis using state grant funds and local funding. Such projects must be a local priority with a substantial local financial commitment. Timeframe: Ongoing Required Resources: CDBG funds, Impact Assistance funds, local improvement districts. -3- 5. Assist with solid waste disposal planning. State Response: The Department of Local Affairs has committed to financially assist local governments in planning for solid waste disposal on amulti-jurisdictional basis. Timeframe: Ongoing Required Resources: Impact Assistance and CDBG funds; local funds. 6. Increase support for recycling. State Response: to 1993, the General Assembly passed H.B: 1318, which created the Recycled Products and Materials Procurement Program operated by the Colorado Housing and Finance Authority and the Colorado Office of Business Development to encourage public and/or private recycling efforts. Timeframe: Begin implementation in spring 1994. Required Resources: As available per the provisions of H.B. 1318. 7. Assist communities with the development of affordable day care. State Response: This is principally a private sector issue. Very limited state assistance may be available through the CDBG program for targeted low and moderate income communities where local governments prioritize and assist with the funding of such projects. Tax credits are available through the state's Enterprise Zone program for eligible child care projects. Timeframe: Ongoing Required Resources: Local public and private funds, CDBG funds, Enterprise Zone tax credits, Health and Human Services grants. 8. Simplify Colorado Department of Health grant and loan application forms and processes. State Response: The Health Department will review, .improve and simplify procedures and forms as needed. Timeframe: By June 30, 1994. Required Resources: Existing staff -4- a C. REGULAT®RY ISSUES: Costly federal and state mandates (e.g., A®A, family leave, health standards, environmental regulations, water, wastewater system and solid waste regulations) cannot be addressed without additional funds. State Response: The Colorado Aeronautical Board, through the Colorado Discretionary Aviation Grant (CDAG) program, has made compliance/mitigation measures associated with state and federally mandated programs a priority in its grant program. Projects which have received CDAG funds include airport terminal modifications and aircraft passenger lifts (ADA), removal and replacement of underground airport fuel storage facilities (UST-LUST) and development of a statewide airport stormwater discharge permitting program as required by the Clean Water Act and the Colorado Department of Health. Regarding other environmental regulations, the state has allocated funds to assist local government compliance and continues to seek funds. Pollution prevention programs assist small businesses in reducing wastes and costs. Timeframe: Ongoing Required Resources: CDAG grants are limited to $50,000 per applicant and are based on an evaluation of current grant cycle application needs. 2. There should be mechanisms to waive unnecessary regulations in the health care system that increase costs and/or restrict provision of services to small communities. State Response: In order to eliminate unnecessary regulations, the review of environmental regulations for duplication and internal contradiction is an ongoing process under the aegis of the Board of Health. Timeframe: Ongoing Required Resources: Existing - TRANSP®RTATV®RI 6SSUES: ~ . ®evelop additional financing for construction and maintenance of surface transportation systems. State Response: Additional financingforconstruction and maintenancewill require voter approval. It is not likely that the General Assembly will refer such a measure to the voters in 1994, and the approval by the voters on short notice and without extensive justification of transportation needs would be difficult. The state, local governments and interest groups should begin immediately to develop coalitions and an understanding of the issues, develop strategies on timing and content of -5- 1 such a measure, and build the foundation fora 1995 effort. The state, through the Colorado Department of Transportation, can take the lead in developing the transportation investment plan, the financial alternatives and partnership process necessary for success. Timeframe: Immediate -November 1995 Required Resources: Undetermined 2. Continue to support regionally based transportation planning systems. State Response: Locally based, regional planning is critical to building consensus and support for transportation improvements and funding. Regional planning efforts will be the cornerstone for the statewide transportation plan and the funding framework for additional financing. CDOT will support and encourage the continuation of these ongoing efforts. Timeframe: Ongoing Required Resources: Continued commitment by CDOT staff to work with and assist planning agencies/groups. Additionally, planning funds will be required by the Transportation Planning Regions (state and local funds) to support the planning process. 3. Review state policy on high cost acceleration/deceleration lane requirements which substantially impact local business development, particularly in lower traffic rural areas. State Response: Per Colorado Revised Statutes (C.R.S. 43-2-147), local governments have responsibility for determining access to local developments. Access must be included by the developer in the zoning/plat-request: As part of this responsibility, the local government must establish a reasonable schedule of fees for access permits. This puts the cost for acceleration/deceleration lanes on the developer. Acceleration/deceleration lane standards have been developed based on national level engineering standards, and have been shown to reduce the number of accidents and the level of congestion. By lowering the standards, studies indicate that safety will decrease, the number of accidents will increase and congestion will also increase. Timeframe: N/A Required Resources: N/A -6- 4. The state must intervene in high commuter air fares betva~een ®enver and Western Slope communities. State Response: Under airline deregulation, the state has a very limited role in setting fares, routes and/or frequencies of airline trips. The state can only encourage the City and County of Denver to establish landing and use fee structures at Stapleton and Denver International airports that will not impose undue financial hardship on the state's commuter airlines. Additionally, the Office of Business Development is willing to work with interested local communities/economic development organizations to attract a commercial passenger aviation service for low cost, in-state travel. Timeframe: Ongoing - Required Resources: Existing staff 5. Enhance regional commuter airport systems. State Response: Several efforts are underway to address this issue. OBD is conducting a pilot study to determine economic development strategies for rural commercial airports in Colorado. This study will be completed first quarter 1994. Findings will contribute to local and state future actions. The CDOT Aeronautics Division is completing an update of the state Aviation System Plan for the Western Slope, San Luis Valley and Eastern Plains. The final report will address the demand and capacity of the existing system, recommend facility improvements where needed, establish development priorities and determine financing alternatives. Additionally, CDOT and the Department of Local Affairs have supported and expect to continue to support existing regional commercial airport systems in partnership with local governments and the FAA. Timeframe: Ongoing Required Resources: Impact Assistance funds, Colorado Aeronautics Board grant, FAA funds, local government funds. - ~ 9mprove access from ®enver 9nternational Airport not only., to metro communities, &~ut to the northeast, east central and central mountain communities. State Response: CDOT is co-chairing a task force with the Denver Regional Council of Governments to address the immediate needs, as well as mid-range (3-5 years) and long-range (5-10 years) access issues. The DIA Access Task Force has identified and implemented the immediate needs for-access and has now formed four subgroups to focus on modal, finance, traffic impacts and economic development/tourism issues. The task force is addressing access from each of the following areas: northeast, east central and central mountain communities. The task force includes a technical committee, with technical staff from local -7- t ~ governments, and a policy committee with over 600 local and state elected and appointed officials. Timeframe: Subgroups will report back to full policy committee within 6 months. Required Resources: CDOT has allocated resources for staff time from existing budgets. 7. Ensure that agriculture producers have reasonable rail and highway systems in order to access markets. Resist abandonment of rail lines. State Response: CDOT has worked cooperatively with the Public Utilities Commission, Department of Agriculture and the Division of Parks and Outdoor Recreation in opposing several recent rail abandonment actions around the state. The Colorado Rail Advisory Committee has passed a resolution encouraging CDOT and the Transportation Commission to act to preserve available rail rights-of-way throughout the state for the transportation and economic benefit of the citizens of Colorado. The adequacy of highway access for farm-to-market activity is being addressed by the Transforation Planning Regions as part of the statewide planning process. Timeframe: Ongoing Required Resources: Undetermined at this time E. TELECOMMUNICATIONS ISSUES: 1. Establish a statewide telecommunications policy and development plan that reflects private aspects of telecommunications and public policies. State Response: The Telecommunications Advisory Commission (TAC), originally created to coordinate distance learning activity between K-12 and Higher Education, was directed by H.B. 93-1035 to develop communications policy recommendations for the General Assembly by December 1994. The plan will cover both public and private goals, as the legislative declaration added economic development, health and local governments as vital areas for telecommunications development. A major policy decision should address citizen access to public information through private networks. Additionally, the Governor has asked several Cabinet members and staff to meet regularly to discuss and outline the issues surrounding telecommunications policy in the state, particularly as it relates to economic development. Timeframe: Customers/Users of telecommunications will.developvision statements in the fall of 1993. The "vision" will be presented by the TAC at a symposium in December 1993. Results of the symposium will be incorporated into Phase II of the TAC plan to develop the policy recommendations. Required Resources: To be determined -8- 2. Guarantee basic (private line) telephone service to all areas of the state. State Response: A policy may emerge from the activities described in #1 above. The PUC and FCC will play a major role locally and nationally. Changes can be made only through legislative direction to regulatory bodies. Tiru~efra~e: Undetermined Required Resources: PUC staff, FCC, Governor's office and legislative staff. 3. ®evelop a system of regional teleconferencing demonstration projects. State Response: TeleNideoconferencing is available through.-the Division of Telecommunications. There is a link between the State Services building in Denver to the state building in Grand Junction. Video arraignments are available between prisons and county courts. These projects will be expanded as funding becomes available. Several distance learning projects are operating between and among K- 12 and higher education. The state's DDN/Microwave system carries most of the transmissions. Timeframe: Ongoing Required Resources: See #2 above. F. HEALTH CARE ISSUES: 1. Assure the availability of health care in rural coanununities. State Response: (Response pending) Timefrarv~e: Required Resources: -9- SECTION II: BUSINESS DEVELOPMENT A. EXISTING BUSINESS ISSUES: 1. Continue to support and increase funding for Revolving Loan Funds. (Develop non-federal sources of capital for RLFs.) Try to cut down on government requirements which restrict program effectiveness. State Response: DOLA and OBD are committed to strengthening existing revolving loan funds on a multi-year basis where performance warrants. Where local sponsors support them, efforts will be made to broaden existing funds into community development funds addressing housing and infrastructure as well as business finance. Additionally, OBD will hold a "test" meeting during the fourth quarter of 1993 to explore new funding sources for RLFs. Timeframe: 1993-1998 Required Resources: Community Development Block Grants 2. Continue to support and increase funding for Small Business Development Centers. State Response: The SBDCs are continuing to work toward' this goal. Specialized training is also underway. Timeframe: Ongoing Required Resources: Existing 3. Continue to support Small Business Hotline. State Response: The Hotline's telephone system has deteriorated and must be replaced at an estimated cost of $17,000. The Hotline is currently jointly staffed by the Office of Regulatory Reform and OBD. Private sources will be contacted to subsidize cost of printing the business start-up kits. DOLA, ORR, OBD, the Departments of Revenue, Labor and Employment and other state departments will be requested to assist with Hotline staffing, without which the Hotline cannot continue. Timeframe: Ongoing Required Resources: To be determined -10- 1 1 Continue to support the t.eading Edge program. State Response: The training program will be offered at sites throughout the state based upon continuation of state funding. Timeframe: Ongoing _ Required Resources: Existing 5. State should take stronger role in providing information on management for small businesses and reduce confusion in delivering information. State Response: Small business management infor-mation is ..available from the state's SBDCs and through the Leading Edge program. State departments will continue to work toward providing clearer and better-coordinated information and training. Timeframe: Ongoing Required Resources: Existing 6. State must update its information and data bases for them to be beneficial and viable for use by businesses. State Response: (Response pending) Timeframe: - . _ Required Resources: 7. Abetter climate for minority and women-owned businesses is needed, including better state procurement opportunities, more access to capital and internships with businesses. - State Response: There are a number of efforts underway.. The Minority/Women Credit Reserve program has been established with funding through the Department of Local Affairs and from the Economic Development Commission. The program, administered by CHFA, will encourage commercial lenders to increase the number of loans to minority and women-owned businesses. Additionally, the Minority Business Office ~is working toward improved procurement opportunities for these businesses. Timeframe: Ongoing Required Resources: Funds through DOLA and EDC; staff support from CHFA, DOLA, OBD and other state agencies. -11- ~ ~ 8. Measures should be taken that change existing banking regulations to allow the banking industry to become more involved in lending to small businesses. State Response: Response pending Timeframe: Required Resources: B. CAPITAL ACCESS ISSl1ES: 1. Lack of capital availability is directly hindering expansion of existing businesses: State Response: OBD will continue to support the capitalization of small cities CDBG revolving loan funds. The state wi II encourage entitlement-cities to consider investing CDBG funds under their control in similar projects. Additionally, the Economic Development Commission will continue to consider requests for capitalizing special use financing projects, such as the Colorado International Capital program and the Colorado Credit Reserve program, on a case by case basis. The state will also continue to support funding for the federal Small Business Administration. Timeframe: Ongoing Required Resources: Private, state (CDBG, EDC) and local. 2. More venture capital is needed. State Response: Traditionally, the state has not funded venture capital projects due to the high potential for loss of funds. OBD and the RLF network will attempt to link businesses with private venture capital funds. Timeframe: Ongoing Required Resources: Private 3. State should assist in the creation of additional lending sources for businesses that will allow increased sharing of the risk (e.g., venture capital, certified development corporations, micro lending programs). State Response: In addition to the information provided in #s 1 and 2 above, the state is supporting, through the efforts of OBD and funding from the EDC, a demonstration "microloan" project in Region 10. This SBA-funded program is designed to provide lending services to small businesses that do not fit existing CDBG requirements. Timeframe: Ongoing Required Resources: SBA, EDC and CDBG funds -12- "Local" banks no longer exist and loan process is too lengthy and should be expedited. State Response: DOLA will develop a program to familiarize local development groups and local lenders with opportunities which may exist under the federal Community Reinvestment Act. Timeframe: 1994-95 Required Resources: Existing staff 5. Continue availability of low interest loans for businesses through additional Community ®evelopment Block Grants. Change or waive federal regulations that after X993, C®BG grants can no longer revolve. State Response: OBD and DOLA will continue to support the capitalization of existing CDBG revolving loan funds for low interest loans to businesses. The state will attempt to locate additional public and private sources of funding to augment CDBG funds and will also work with RLF administrators and/or the state congressional delegation to seek waivers or changes to CDBG regulations that hinder the effective operation of the program. Timeframe: 1993-96 Required Resources: CDBG funds C. T®tJRVSf~ ~SStJES: U. Support the Colorado Tourism Board and continuation of the tourism tax. State Response: The Governor supports passage of the tax extension. Legislation extending the Colorado Tourism Board passed during the 1993 session and was signed into law by the Governor. Timeframe: November 1993 Required Resources: Private campaign financing 2. ®evelop a strategy/contingency plan to continue tourism promotion activities if the tax initiative fails. State Response: CTB is currently exploring such contingency planning. Timeframe: Fall 1993 Required Resources: CTB staff and board -13- 3. If the tax initiative fails, work together on regional and sub-regional basis to assure some level of state tourism promotion. State Response: DOLA and CTB will initiate an effort in this area should the tax initiative fail. Timeframe: 1994 Required Resources: Private and local funding for promotion. 4. Improve tourism product quality through Great Outdoors Colorado, visitor infrastructure, transportation, information dissemination, resource inventory, user capacity and resource integrity. State Response: (Response pending) Timeframe: Required Resources: 5. CTB should provide more local technical assistance. State Response: (Response pending) Timeframe: Required Resources: 6. Continue support for the tourism/travel regions and provide a more equitable distribution of financial resources. State Response: CTB is currently supporting the travel regions. Continuing support will require passage of the tax measure in November 1993. CTB will evaluate continuation of funding of the regions on an annual basis. The board .has agreed to review its budget allocation process as part of the recent performance audit process conducted by the state auditor's office at CTB's request. Timeframe: 1993-94 Required Resources: Passage of the tax initiative - 14- 1 1 7. Tourism industry needs more emphasis on tracking visitors and creating a data base. State Response: (Response pending) Timeframe: Required Resources: 8. Change state and federal signage regulations that hinder fair and equitable promotion of area attractions and businesses which are of interest to the traveling public. State Response: (Response pending) Timeframe: Required Resources: 9. Traditional conflicts among user groups adversely affect tourism. (d@ore emphasis is needed on reaching common solutions locally. State Response: This is primarily alocal/regional issue. CTB endorses the concept. • Timeframe: Ongoing Required Resources: Existing Better educate the public on the importance of tourism. - State Response: (Response pending) Timeframe: Required Resources: -15- 1 I 11. Consider the impacts of lax environmental policies on the future of the state's tourism industry. State Response: (Response pending) Timeframe: Required Resources: 12. Use arts and cultural events as marketing opportunities for tourism. State Response: (Response pending) Timeframe: Required Resources: 13: Strengthen the arts/cultural community by promoting relationships and partnerships with chambers of commerce, events planners and the state Office . of Business Development. State Response: (Response pending) Timeframe: Required Resources: D. INTERNATIONAL TRADE ISSUES: 1. Provide additional funding for the International Trade Office. State Response: The office has requested additional funding. However, given the realities of Amendment I, additional funding is not expected. ITO is therefore making the necessary internal adjustments to ensure that .the agency's mission continues. Timeframe: N/A Required Resources: Existing -16- 2. Bnclude outreach and funding for international Trade satellite offices. State Response: The International Trade Office now has four overseas representatives located in Belgium, Korea, Japan and Taiwan. If a decision is made that additional representatives are needed, existing funds will be reallocated to accommodate such additions. Timeframe: Ongoing Required Resources: Existing 3. Support NAFTA. State Response: ITO has been the lead agency in Colorado regarding support for NAFTA. This includes numerous articles, editorials, speeches, public appearances, mailings to and meetings with Colorado congressional delegates, and participation in the USA and Colorado NAFTA organizations. Timeframe: Until NAFTA is approved Required Resources: Existing Establish a Colorado office in R~exico City. State Response: The priority for the state's Mexico program was additional staff in Denver. This is being achieved by reallocating funds from the Japan office. Representation in Mexico is being accomplished by using several consultants on a case-by-case basis. Their principal function is to help ITO schedule appointments and organize meetings in Mexico, a process that is very time-consuming if conducted from Denver. Timeframe: N/A Required Resources: Existing 5. increase number of products exported and bold export seminars. State Response: ITO's principal goal is to increase the number of products exported, and this is an ongoing activity. In order to achieve this, the function of conducting export seminars has been turned over to the World Trade Center. The center does an excellent job and also frees up ITO's time for the actual work of export promotion. Timeframe: Ongoing Required Resources: N/A -17- 6. Increase multi-language signage. State Response: The priority for adding multi-language signage is the new Denver International Airport, and this issue has been discussed with airport officials on numerous occasions. Regional airports and other facilities with high volumes of non-English speaking clients should work to improve their signage without waiting for state action. Timeframe: N/A Required Resources: N/A E. FILM INDUSTRY ISSUES: - 1. Continue support for state Motion Picture and Television Commission. State Response: MPTV Commission will seek continuing marketing support from the Economic Development Commission. Timeframe: Fall 1993 Required Resources: Existing EDC appropriation 2. Continue support for regional film commissions. State Response: MPTV will continue to provide the Camera Ready Certification program to local film commissions and will cooperate with local commissions in scouting and location promotion. Timeframe: Ongoing Required Resources: Existing F. INCENTIVE ISSUES: y~ ~ 1. State needs overall plan for retaining and attracting businesses with strong leadership and increased funds to do so. State Response: The state Office of Business Development agrees with the need for increased funds for business retention and attraction. A number of state agencies, including OBD and DOLA, work to assist communities and private economic development organizations to achieve locally determined business retention/attraction goals. The 15 regional meetings and input obtained from them are being used to update the current five-year plan. Timeframe: Ongoing . Required Resources: To be determined -18- ~ i 2. ®evelop a state economic incentive pool to be administered by the Colorado Economic ®evelopment Commission. State Response: During the 1993 legislative session, the Governor requested $9 million for the EDC for FY 1994. The commission received an appropriation of $1.7 million. It has not yet been determined what the form and content of such a request will be for FY 1995 and beyond: Timeframe: FY 1995 Required Resources: To be determined 3. Give communities greater flexibility in structuring incentive packages. State Response: State incentive funds through the EDC and other mechanisms, such as job training funds, may have statutory or regulatory provisions which must be met. Within these parameters, funds are provided with as much flexibility as possible to meet the needs of the communities. Where local funds are involved, communities may develop their own tailor-made incentives working directly with businesses. Timeframe: Ongoing Required Resources: N/A '8. Incentives should be determined by size of business, whether it is existing or new and whether it is urban or rural. State Response: OBD and the EDC consider a variety of factors when determining incentives for specific projects. Among the major considerations are business location (urban or rural), size (how many jobs will be retained and/or created) and whether it is an existing or new business. Another major factor considered is the amount of non-state funding (private, local, federal) included in the incentive package. Timeframe: Ongoing Required Resources: N/A 5. The state and local areas should target industries and businesses and determine incentives based upon these "targets" and whether or not incentives are warranted for a spec'rfic industry and/or company. State Response: OFD will continue to recruit targeted industries. These include telecommunications, biotechnology, computer peripheral assembly, agricultural processing, light manufacturing, and transportation and distribution. Incentive -19- l t determinations are made giving consideration to a variety of issues, which include targeted industries, business size, location, whether an existing or new business and other funding support. Timeframe: Ongoing - Required Resources: N/A 6. Incentives are needed to support a statewide buyer-supplier network. State Response: The state Department of Purchasing is currently implementing a new buyer-supplier network system. Additional private sector pilot projects are being initiated by the Greater Denver Chamber of Commerce and Colorado Springs Chamber of Commerce. Timeframe: 1994 Required Resources: Existing state and private 7. Continue Enterprise Zones and local EZ marketing grants. Increase EZ incentives without diluting effectiveness of existing zones (e.g., "double" incentives). State Response: The state supports continuation of Enterprise Zone tax incentives and marketing grants to encourage business expansion and economic development in economically distressed areas. Timeframe: Ongoing Required Resources: Existing G. REGULATORY REFORM ISSUES 1. Current state regulations, licensing and permitting requirements should be reviewed and steps taken to simplify and streamline them to the greatest extent possible. State Response: The Office of Regulatory Reform is.charged with reviewing all proposed state regulations for their impact on small businesses and making recommendations for regulatory flexibility. ORR currently works to amend existing regulations when business owners have identified existing problems. It would benefit business to review all existing regulation. Timeframe: Depending upon resource allocation, 3-S years will be required to audit all state agencies. Required Resources: Existing staff -20- 2. Workers' Compensation costs remain too high and hinder business development. Additional changes are necessary. State Response: While workers' compensation costs remain high, information from the National Counsel on Compensation Insurance (NCCI) indicates that the rate of premium increases has dropped significantly since the passage of S.B. 91-218 - to zero in many instances. At the time the bill was passed, it was estimated that the full benefits would not be realized for three years. Colorado had the highest rate of premium increase during the 1980s. Since S.B. 218, Colorado has had the lowest increase in workers' compensation premiums of all the surrounding states. Any changes to control the workers' compensation costs should be made carefully to avoid undoing the positive impacts of S.B. 218. Additionally, business owners have not fully utilized the Premium Cost Containment Program also established by the legislation. Any modifications to workers' compensation statutes should be minor and very carefully thought out. Timeframe: Wait at least one to two years to properly assess the impacts of S.B. 218. Required Resources: N/A 3. Evaluate the state tax structure to determine ways to simplify sales tax collection and local procedures. State Response: Currently, 43 home rule cities and the State of Colorado collect sales tax from retail businesses. Additionally, there are numerous different interpretations regarding sales taxability. Each city also has different forms and sets of procedures for remitting sales tax collected. There are two alternatives that could be combined or proposed separately. One, there should be a single sales tax return for the collection of all sales taxes filed with the state. Second, a uniform set of standards should be used to determine which products are subject to sales tax. With either proposal, home rule cities should retain the right to determine the tax rates and auditing of businesses within their jurisdiction. Timeframe: These changes, which will require legislative and/or constitutional changes, would take at least two years. Required Resources: N/A 4. vse the ®ffice of Regulatory Reform to review and then eliminate the number of unnecessary forms required by the state. State Response: ORR is currently involved in paperwork reduction efforts. The office works with one agency per year to evaluate the number of and need for forms and other paperwork requirements. Since 1981, ORR has reviewed -21 - paperwork requirements in the Departments of Health, Revenue, Regulatory Agencies and Agriculture. This has resulted in the elimination of 333 forms and the simplification of over 400 separate forms used by these departments. Timeframe: Ongoing Required Resources: Existing staff 5. Tailor regulations to the needs of rural areas/businesses. Make urban and rural standards distinctive. State Response: In some instances, current regulations already provide flexibility for rural businesses. Air quality standards and permitting requirements vary significantly between urban and rural parts of the state. Agricultural based businesses are held to lower environmental standards and have less stringent employer responsibilities. Many of the remaining problems faced by rural businesses in complying with regulations can be addressed by ensuring that state regulations and statutes are flexible for small businesses -rural and urban. In this way, state rules will not discriminate based upon a business location, but will recognize difficulties a business may have based upon size. It is ORR's responsibility to review all proposed state regulations for their impact on small business. During fiscal year 1992-93, ORR made recommendations for improved flexibility on 12 proposed rules. Timeframe: Ongoing Required Resources: Existing staff 6. Make regulations and licensing for childcare more reasonable. State Response: (Response pending) Timeframe: Required Resources: 7. Find methods for disclosing hidden costs in legislation. State Response: State agencies should be encouraged to redouble their efforts to identify all costs to business owners, direct and indirect, when adopting regulations and completing fiscal notes on proposed legislation. Local government -22- 1 0 representatives and business advocacy groups must also share responsibility for tracking legislation and testifying before legislative committees. Timeframe: Ongoing Required Resources: Existing staff, local governments representatives and business advocacy representatives a-B. ®RGARIB~4T8®N/STRUCTURE ®efine "who does what" regarding state community and economic development programs and resources. State Response: The executive and legislative branches are currently examining the structure and service delivery of the state's community and economic development programs/resources. Efforts will be undertaken to modify the current structure so it is more efficient, effective and better serves local communities, businesses and economic development organizations. Timeframe: 1994-95 Required Resources: Existing 2. State economic development programs should be organized into a "one-stop shop" with resources combined and consoBidated. State Response: During the state's review and analysis of the current structure, a single department or "one-stop-shop" will be considered. Creation of a single department would require legislation. Timeframe: 1994-95 Required Resources: Existing 9. ~AR~9NG 9i~®USTR~' VSSUES: ~ . laming tax should have mechanism to assure funds goes where impacts occur, particularly infrastructure impacts. State Response: This is a function of the Gaming Commission and General Assembly. The Governor supports the existing allocation system, including the Contiguous County Impact Grant program. Timeframe: Ongoing Required Resources: Gaming tax revenues -23- 2. There are misperceptions of the industry. Additional education and publicity are needed and the Governor's office should provide more support. State Response: The Governor, although opposed to the introduction of gaming into Colorado, accepted the will of the voters and is working to establish and maintain a climate where the industry as a whole can be successful. The Colorado Tourism Board has indicated a willingness to include, but not overemphasize, gaming as a legitimate attraction for visitors. Timeframe: Ongoing Required Resources: Existing 3. There is a question of balance between industry taxes and regulations. State Response: The Governor believes his chief role with regard to gaming is to appoint a competent and respected Gaming Commission to deal with the regulation of the industry. He feels it is inappropriate for a Governor to attempt to influence decisions on regulatory matters before the Gaming Commission. The Governor supports the continuation of the Contiguous County Gaming Impact program. Timeframe: Ongoing Required Resources: Existing 4. Historic preservation dollars are being siphoned away from the communities. Additional accountability is needed. State Response: The allocation of gaming revenues is constitutionally established, with some discretion afforded the Gaming Commission and General Assembly. Voters intended that significant funds be available for historic preservation purposes when the gaming initiative was passed. It is unlikely that the statewide historic preservation share of gaming revenues will be decreased in order to address gaming community capital and operational needs. It is likely these needs can be addressed with local revenue sources and limited state aid once sales, use and property taxes accrue to affected local governments. Timeframe: 1994-96 Required Resources: Existing J. OTHER BUSINESS DEVELOPMENT ISSUES: 1. Elimination of rural offices and replacing them with 800 numbers is discriminatory to rural areas. State Response: DOLA has increased the number of field representatives located outside of Denver to eight. OBD maintains a Western Slope office staffed by a -24- full-time business development representative. The Office of Emergency Management has located professional staff in Grand Junction as well as Denver. >rimeframe: Ongoing Otequired CPesources: Existing 2. Greater prorraotion of Colorado as a business state (a "Focused linage campaign") is needed. State B~esponse: The current review and analysis of the state's community and economic development structure and resulting recommendations must be completed before a state marketing program is undertaken. Timeframe: 1994-95 Btequired 6tesources: To be determined 3. The state should assist requesting communities reorganize or reactivate local economic development groups. State (Response: OBD provides such assistance in the form of community evaluations and economic development and technical assistance. DOLA has funded and likely will continue to fund university based consulting programs which can assist in this area. Timeframe: Ongoing (Required Otesources: Existing _ . 4. The state should provide grants and technical assistance to create a "Business D_ink" program to attract and yoin prospective business purchasers with retiring or selling businesspeople in rural communities. State (Response: Although OBD does receive requests for such brokerage services, " these services are provided by the private sector and this is considered a private sector activity. Timeframe: N/A (Required Resources: N/A -25- SECTION III. AGRICULTURE/NATURAL RESOURCES A. AGRICULTURE PROCESSING ISSUES: 1. More agriculture processing industry needs to._be developed. State Response: The Department of Agriculture works closely with OBD and the Economic Development-Commission to promote agricultural processing. Increased emphasis should be directed to this effort. Timeframe: Immediate Required Resources: Existing 2. A state-level data bank should be established for agriculture processing development. State Response: The designated lead agency for agricultural processing development will investigate the feasibility of such a data bank and will be responsible for the implementation within existing resources. Timeframe: Feasibility report by April 15, 1994 Required Resources: Existing 3. Develop an innovative targeted agriculture processing marketing program to recruit processors to locate in Colorado.. State Response: Those state agencies responsible for. agricultural marketing and business development will be directed to establish such a program. Timeframe: As soon as possible within existing resources Required Resources: Existing B. AGRICULTURE FUNDING/FINANCING ISSUES: 1. Agriculture needs access to capital. State Response: The Commissioner of Agriculture and state director of Farmers Home Administration (USDA) will develop a process to expedite loan applications for the Colorado Agricultural Development Authority. Timeframe: July 1, 1994 - Required Resources: Existing -26- 2. The state should continue to fund agriculture feasibility studies. State Response: The Colorado Department of Agriculture will continue to seek funding for the program from the Economic Development Commission which has provided program support for the last 6 years. Timeframe: Ongoing Required Resources: Existing EDC funds C. L®RI~ TERRA ISSaJES ~aFFO=CTVN~ A~RIC~JLTURE: The high cost of land and the availability of water threaten the long term sustainability of agriculture. State Response: The state should promote the programs of the Colorado Agricultural Development Authority and continue to seek more creative ways of financing agricultural real estate. Additionally, the state should ensure that water remains available for agriculture, and should promote irrigation efficiency technology through CSU Cooperative Extension. Timeframe: Ongoing Required Resources: Existing 2. State tax and inheritance rules threaten the continuation of family farming and ranching. Mate Response: These are issues which must be addressed legislatively. Timeframe: N/A Required Resources: N/A 3. incentives are needed to preserve viable agricultural lands threatened by urbanization. State Response: There is low feasibility for this type of incentive due to the high cost to local governments and the continued desire for local control of land use. However, some incentives are available. The federal Conservation Reserve Program pays landowners to maintain grasslands. Federal tax benefits may encourage the sale or donation of a conservation easement that prevents development on ag land. Land trusts generally take the-lead in negotiating such transactions. Local governments, through their land use planning and zoning authority, may also provide incentives to landowners. -27- State government has not played a major role in providing incentives to preserve ag lands. The recently approved Great Outdoors Colorado program may provide financial and other incentives to local governments and landowners to preserve ag lands. Timeframe: LOCO should have its program operational in early 1994. Required Resources: GOCO funds (potentially) 4. Keep agriculture water with ag land. State Response: In order to examine this very complex issue, the Colorado Water Conservation Board is studying the Fort Lyon Canal system in the..Arkansas River basin. This effort is attempting to evaluate options for water use which will allow for interruptable supplies to farmers during dry-years by land fallowing or water banking, which in turn allows for additional water supplies for municipalities during critical times, while providing income to the agricultural communities. The water can then be returned to the farmer during normal supply years. Additionally, the board has received $450,000 for atwo-year study which will explore cooperative ways for better integration of existing municipal water systems, the storing of surplus surface supplies into groundwater aquifers for later retrieval during drought, and the utilization of water from agriculture first and then returning it fully treated for reuse on ag lands. Timeframe: Ongoing Required Resources: Existing D. OTHER MAJOR AGRICULTURE ISSUES: - - 1. Ensure that agriculture producers have reasonable rail and highway systems in order to access markets. Resist abandonment of rail lines. State Response: The state must ensure that agricultural commodity transportation needs are recognized and provided for in long-range state transportation plans. The Colorado Department of Transportation has worked cooperatively with the PUC, the Department of Agriculture and the Division of Parks and Outdoor Recreation in opposing several recent rail abandonment actions around the state. The Colorado Rail Advisory Committee passed a resolution encouraging CDOT and the Transportation Commission to act to preserve available rights-of-waythroughoutthe state for the transportation and.economic benefit of. the..citizens of Colorado. The adequacy of highway access for farm-to-market activity is being addressed by the Transportation Planning Regions as part of the statewide planning process. Timeframe: Ongoing Required Resources: Existing -28- l I 2. Ag research at ASV should be expanded in the area of technology transfer and its use in enhancing profitability of local producers. State Response: (Response pending) Timeframe: Required Resources: 3. Agribusiness feels left out of the overall state economic development strategy. State Response: The state has sought additional input from agribusiness through the regional community and economic development meetings hosted by the Governor in June and July. The state should also consider greater representation by agribusiness in the planning process: ~ _ Timeframe: Ongoing Required Resources: Existing E. LAN® vSE AN® PA,.JBLI~ D_Af~® ISSUES: State and federal agencies should recognize that their decisions impact local land use and planning policies and often drive local costs. State Response: The state agrees that impacts are significant. State Department of Natural Resources agencies (e.g., Division of Wildlife, Division of Parks, State Land Board and State Engineer's Office) try to maximize the benefits of their decisions, but must act in a manner consistent with their missions. The department also works with federal agencies to ensure that local and state interests are considered as decisions are made. Timeframe: Ongoing Required Resources: Existing staff 2. The state should be more proactive in helping local communities work on federal land policy issues. State Response: The Department of Natural Resources works proactively with federal land managers on issues relating to its responsibilities. These issues are often important to local communities. For example, grazing, timber harvests, oil and gas production, recreation and the protection of scenic vistas are issues DNR has addressed with federal agencies. -Local communities that have a specific concern, need or problem can seek advice and assistance from DNR agencies. Timeframe: Ongoing Required Resources: Existing staff -29- 3. Conflicts among ranching, tourism and recreational interests over use of public lands must be resolved. State Response: DNR has played an active role in resolving conflicts through participation in public land planning efforts, cooperative projects that include private interests and outreach efforts to special interests. While the decisions often rest with federal agencies, state input seeks to resolve conflict in order to maximize the benefits of federal land use for the state as a whole. Timeframe: Ongoing Required Resources: Existing staff 4. Develop more cooperative local, state, federal partnerships regarding recreational projects on public lands. - State Response: Expanded cooperative partnerships involving recreational projects among different levels of government are needed. As tax dollars become increasingly scarce due to the passage of Amendment I, joint usage of public lands will become even more important over time. Several existing coalitions and projects have already taken the lead in stimulating more cooperative projects. Among them are the State Land Board's Multiple Use Policy for State Trust Lands, which opens up 225 parcels and nearly 150,000 acres of trust lands to hunting and other forms of recreation; the Denver Water Board's intent to open up access to most of its resources for recreational uses; the Metro Mountain Parks Coordinating Council, which is considering expanded usage of Denver Mountain Park lands; and the Colorado Outdoor Recreation Resource Project (CORRP), composed of state, federal and local government representatives looking into ways to expand cooperative ventures. . Timeframe: Ongoing Required Resources: Unknown F. OUTDOOR RECREATION/WILDLIFE ISSUES: 1. Rapid growth and development are adversely affecting wildlife habitat. State Response: It is a reality that the influx of people and associated development are having a significant adverse impact on wildlife and their habitats.The importance of wildlife habitat should not be overlooked in development plans. County and city governments should carefully consider wildlife values and potential . conflicts before approving developments in undeveloped areas. Mitigation of wildlife losses is an essential part of the land use development process. The Department of Natural Resources has limited tools for addressing the impacts - 30 - a a of population growth and development on wildlife habitat. The Division of Wildlife advises local governments, land owners, federal land managers and others as to the potential impacts of their land use decisions, but the division has no regulatory authority. Timeframe: Ongoing Required Resources: Existing staff 2. Changes in hun$ing seasons haws had a de$rimen$al economic effec$ on rural areas since seasons are $oo shor$ $o a$$rac$ ou$-of-s$a$e hun$ea~s, $he~eby u~educing rebenlJeS c®mmurOB$BeS. S$a$e Response: The Wildlife Commission reduced_the length of buck deer seasons in 1992, and the impact on license sales for the 1992 season was significant. Although the division sold significantly more either-sex deer licenses through the draw process, sales of buck deer licenses, traditionally sold by license agents over the counter, were down by over 61,000. Preliminary estimates indicate the economic loss to communities was in excess of $13.5 million. This figure does not include the $3.5 million loss to the state from deer license sales. An increase in elk license sales compensated partially for the loss in deer license sales. However, net loss in deer/elk license sales to the state was $1.8 million in 1992. Timeframe: Ongoing Required Resources: N/A 3. The s$a$e should plan $he development of ou$door recrea$ion/open space, faking info considera$ion economic developmen$/communi$y developmen$ cri$eria on addi$ion $o aes$he$ic benefi$. S$a$e Response: Several projects are currently underway, with additional ones on board as a result of Great Outdoors Colorado (GOCO). The Arkansas Headwaters Recreation Area, involving local, state and federal recreation providers along the river corridor between Leadville and Pueblo, has already resulted in significant economic benefits for local communities and private industry. North Sterling Reservoir, now being developed as a state park, will capture economic benefits now going to Nebraska. The Colorado River State Park project will greatly enhance Grand Junction's economic development potential. Additionally, a future state park in the southeast part of the state will help stimulate economic development in the future. Timeframe: Ongoing Required Resources: GOCO funds (potentially) -31- c s a G. GREAT OUTDOORS COLORADO ISSUES 1. Resolve Great Outdoors Colorado funding questions such as meaning of regional significance and disbursement equity. State Response: The GOCO Board is currently developing its long-term goals and operational plan.. Issues relating to regional significance and fund disbursement will be addressed as part of these board deliberations. Timeframe: early 1994 Required Resources: GOGO funds 2. Reduce wildlife habitat loss through better local/county planning, better state/private coordination, use of conservation easements .and open space supported by GOCO funding. State Response: Wildlife is a key component of Colorado's natural resources which supports a vital tourism industry. Balancing human population growth, maintaining a broad based economy and preserving the rich and diverse natural resources will become an ever-increasing challenge. Federal, state and local governments must work cooperatively in developing comprehensive, coordinated long-range land use plans to address these issues. GOCO will provide financial incentives to both public and private entities to find creative ways to protect wildlife habitat. Timeframe: Ongoing Required Resources: GOCO funds (potentially) 3. Use GOCO funds for mining reclamation. State Response: The constitutional amendment provides direction to the GOCO Board on how to spend the funds, but does allow some discretion. The reclamation of mining sites could, under some circumstances, be part of a project funded by GOCO. The board will address this possibility as it develops its goals and operating plan. Timeframe: Ongoing Required Resources: GOCO funds (potentially) 4. Use GOCO funds to protect railroad rights-of-way._from abandonment. State Response: The use of GOCO funds to protect abandoned railroad rights-of- way will certainly be considered along with acquisition and development of other state and locally significant trail corridors. Opportunities to protect these excellent trail resources are rare. GOCO funds could possibly be used to temporarily hold -32- 6 I an abandoned railroad corridor until local communities can decide to take advantage of such opportunities. However, converting abandoned railroad lines to trail corridors is a controversial issue. Timeframe: Ongoing - Rewired Resources: GOCO funds (potentially) H. WATER 6~~Q.lE~: The state should implement a statewide water efficiency plan to Bimit public expenditures for water storage, treatment and delivery. Mate Response: The Colorado Water Conservation Board has two programs that deal directly with water efficiency; one directed at municipal users..and the other at agriculture users. Both are grant programs to study and develop innovative water conservation programs. There must be a balance between efficient use, water storage and growth. The Colorado Water Conservation Board is the state's lead agency in dealing with this issue. Timeframe: Ongoing Rewired Resources: Existing 2. Colorado water law should be reviewed with consideration to conversion of irrigation rights for commercial use, minimum stream flow for economic benefit arad other economic development uses, including recreational storage. Mate Response: Colorado water law already allows for conversion of water from one use to another through the water court process. Water cannot be converted without consideration of injury to other water users. Water rights are property rights, and if the state were to take away existing water users supply, it would be necessary to compensate the owner and user. Additionally, the Colorado Water Conservation Board manages a program to protect the instream flow users, as well as minimum lake levels. Timeframe: Ongoing Rewired Resources: Existing . 3. Eong term planning and coordination am®ng governments, education arad better use of conservation as a management tool must be improved to better manage state's water resources. Mate Response: The Colorado Water Conservation Board is participating in Project Wet to develop an educational program beginning at the elementary school level concerning water use and efficiency. Additionally, the Department of Natural -33- Resources, the board and SEO sponsored a seminar to bring together water interest groups to develop recommendations regarding how state government can better serve water needs. A follow-up conference in planned for January 1994. Timeframe: Ongoing Required Resources: Existing I. OTHER MAJOR NATURAL RESOURCES ISSUES: 1. The Oil and Gas Conservation Commission should more appropriately balance surface ownership rights and mineral development rights with regard to drilling and production impacts. State Response: The Oil and Gas-Conservation Commission will-propose statutory changes to expand and clarify its mission to place protection of public health, safety and welfare on a level equal with promotion of oil and gas resource development and also to clarify and strengthen its enforcement capabilities. The commission has also recently issued new policies and regulations which require stricter reclamation practices and timeframes, 30-day notification to landowners before commencement of operations and segregation and protection of soils. Additional rulemaking efforts to ensure protection of public health and welfare are underway. These added measures require additional staff. The Legislature has provided for the contract hiring of two additional inspectors through June 30, 1994. Timeframe: Ongoing Required Resources: Existing 2. Revamp Mined Land Reclamation Board regulations to balance public and private interests. State Response: During the 1993 session, the Legislature passed S.B. 247 which amended the Colorado Mined Land Reclamation Act to provide more balance in the review and permitting of mining operations within the state. The bill also granted broader powers to the Mined Land Reclamation Board to develop regulations that more fully protect public and private interests from the potential adverse effects of mining operations, while recognizing the economic importance of the mining industry to the state. Timeframe: Ongoing Required Resources: Existing -34- Q O 1 3. Fisting of R~@exican Spotted ®wl on endangered species list could have adverse impact on timber industry. State Response: The listing of a species is based solely on scientific data. If the owl is listed and critical habitat is designated in Colorado, the Department of Natural Resources works with federal agencies, local governments and others to minimize the impacts associated with habitat protection and recovery efforts. Federal law may limit the options available for avoiding or minimizing impacts. Timeframe: N/A Rea~uired Resources: N/A 4. Omprove planning reBated to exporting timber from private lands, recognizing it may impact t®urism. - ~ - State Response: The state Forest Service advises private landowners on forest management issues and assists them prepare management plans to assure that timber resources are used in a manner that protects other resources. Local governments may control private land timber harvesting through their land use authorities. Department of Natural Resources agencies are available to advise local governments as they make their land use decisions. Improved cooperation among all landowners and managers can result in resource planning that addresses a variety of local and regional concerns. DNR promotes such cooperation for the management of both private and public lands. Timeframe: Ongoing Rea~uared Resources: Existing staff -35- ~ P i SECTION IV: DEFENSE RETENTION AND CONVERSION A. BUDGET/FINANCIAL ISSUES: 1. There must be a statewide, cohesive, broad-based effort to adjust to defense budget cut impacts on the state. State Response: State staff has initiated a response to the economic impact of defense budget cuts. The Governor has established a 21-person citizen group to review the issue and advise OBD, which has been designated at the lead state agency on conversion and retention issues. Timeframe: Council will submit a final report to the.Governor by May 30, 1994. Required Resources: The Economic Development Commission is providing funds to support these efforts. 2. Obtain matching state funding for defense conversion grants. State Response: Matching funds from state and local governments will be needed to access federal grant programs. Potential funding sources are under review. Timeframe: Ongoing Required Resources: To be determined 3. Survey businesses to determine where Department of Defense dollars are going and amounts. State Response: Such a survey would be invaluable. Data on defense contractors is available from the Department of Defense. Information on subcontractors is not available and difficult to access. Timeframe: As determined by funding availability Required Resources: To be determined 4. Tax incentives for defense industry must be comprehensive and include all industries. State Response: Currently, no incentives are available specifically for defense companies. This issue would have to be closely reviewed in conjunction with overall economic development policy on incentives. Timeframe: Ongoing Required Resources: N/A -36- a ~ 9 B. MAJ®R RETERITI®RI AN® C®NVERSI®N ISSUES: 1. ®ewelop consensus on v~eight/distribution of effort betv~een retention and C®nverSBOn act0i/0$BeS. State Response: Retention of facilities is as important an issue as conversion away from a defense dependent economy. OBD will encourage the Defense Conversion and Retention Council to review this issue as it sets it priorities. Tirv~effraaa~e: May 30, 1994 Required Resources: Existing 2. Assist in ffinding~obs ffor and retraining workers displaced by industry do~rnsizing. State Response: This effort has been initiated through the Governor's Job Training Office and the Department of Labor and Employment. Tiru~effra~e: Ongoing Required Resources: To be determined 3. ®ewelop a strategic high technology plan for the state that defense contractors can plug on to. State Response: The council will develop a plan as part of its final report to the Governor. Timeffrarroe: May 30, 1994 Required Resources: Existing ~8. ®btain industry input on direction of state and local efforts. State Response: OBD staff will obtain industry input on the direction of state and local efforts. Public meetings will be held, and committees of the council will expand to include affected industry groups. Tiru~efra~oe: December 1, 1993 Req~nired Resources: Existing - 37 - 5. Work with and unify the Colorado Congressional Delegation on the state's efforts and activities. State Response: OBD staff will continue to work with and include the congressional delegation in its efforts and activities. Timeframe: Ongoing Required Resources: Existing 6. Conduct planning for base conversion (including site redevelopment, mixed use and as a mechanism to attract businesses). State Response: Staff will continue support of local communities' efforts and provide technical assistance when appropriate. As part of its business development activities, staff will stay informed of available sites on closed .bases and promote their use to prospects. Timeframe: Ongoing 'Required Resources: Existing 7. Train contractors and start-ups on doing business with local and state governments and private sector. State Response: The state will review its current technical assistance programs and the availability of resources and will target these groups as well as notify its programs where feasible and affordable. Timeframe: May 30, 1994 Required Resources: Existing 8. Encourage consolidation, reuse and conversion locations near rural areas. State Response: The state will encourage consolidation, re-use and conversion near rural areas whenever feasible. Timeframe: Ongoing Required Resources: Existing 9. Inform the public on issues related to defense industry downsizing. State Response: The state will raise public awareness of defense downsizing as an issue through newsletters, press releases and public meetings. Timeframe: Ongoing Required Resources: Existing -38- o SECTION V: EDUCATION AND WORKFORCE A. EARED' CV~ID_®F9®®®/CC-~2 BSSUES: Financing for K-~2 education must be revamped/increased. State Response: (Response pending) Timeframe: Required Resources: 2. Focal school boards should be allowed to determine minimum academic performance standards. State Response: (Response pending) Timeframe: Required Resources: 3. The state should provide more support for early childhood education and child care. State Response: (Response pending) Timeframe: Required Resources: The Colorado ®epartment o$ Education should establish waiver systems for regulations which are not necessary in smaller districts. State Response: (Response pending) Timeframe, Required Resources: -39- 5. CDE should reduce administrative reporting processes that do not directly contribute to the educational process. State Response: (Response pending) Timeframe: Required Resources: 6. Implement Project Outreach by the year 2000. _ State Response: (Response pending) Timeframe: Required Resources: 7. Improve outcomes, test scores and graduation rates. State Response: (Response pending) Timeframe: Required Resources: B. HIGHER EDUCATION ISSUES: - 1. Continuing education opportunities should be expanded, in rural areas. State Response: The Colorado Community College System is committed to providing education opportunities in rural Colorado. There are two-year colleges throughout the state from Rangely to Sterling, to Cortez, to Lamar, and many other locations in between. There has been some discussion concerning the need for graduate-level courses in_.rural areas. While graduate education is not within the community college system role and mission, it will support public colleges and universities seeking to offer graduate courses in rural areas. Timeframe: Ongoing Required Resources: Existing -40- d it 2. Continue state support for community colleges. State Response: The current statutory relationship between the state system community colleges and the local district community colleges should be continued. Timeframe: Ongoing Required Resources: As determined by statute (once the annual state support for the state system community colleges is determined, the state support for the local district community colleges can be calculated). C. TRAINING AN® RETRABNING ISSaJES: Increase funding for state and federal fob training and retraining programs. State Response: The Colorado FIRST and Existing Industry Customized Training programs continue to receiving funding on an annual basis from the Legislature. OBD and other appropriate agencies will attempt to seek other funding sources to add to the state allocation. Additional ly, the Colorado Community Col lege and Occupational Education System has been awarded $768,289 from the U.S. Department of Education to continue collaborative efforts with Colorado businesses in an effort to increase productivity and competitiveness through Workplace Literacy programs. The grant is funding projects at Morgan, Pueblo and Pikes Peak Community Colleges to help a total of 950 workers in the participating local companies advance their skills through this specialized training. Timeframe: Ongoing Required Resources: Existing and others as available 2. Access to special training is too restrictive. State Response: Colorado FIRST and Existing Industry Customized Training programs are designed to be flexible in meeting special needs of the many - businesses throughout the state. Training is conducted at various community colleges and area vocational schools or at independent training facilities which are approved by the company. The community colleges also offer customized training to companies on a broad scale. Timeframe: Ongoing Required Resources: N/A -41 - s 3. Improve needs assessment and market research in order to identify future labor , force education and training needs. State Response: The MICRO Occupational Information System, which presents worker supply and demand information for all occupations in all areas of the state, is being updated_this fall. Timeframe: Fall 1993 ' Required Resources: Existing D. OTHER MAJOR EDUCATION AND WORKFORCE ISSUES: 1. Local public educational facilities should be more accessible. to the business community. State Response: Community colleges actively encourage participation of the business community in programs and facilities. Timeframe: Ongoing Required Resources: Existing 2. Internship/mentorship programs should be expanded both in the private and public sectors. State Response: The Department of Education and local schools have excellent programs available. An example is Burger King's "Cities in Schools" in Adams County. Timeframe: Ongoing Required Resources: To be determined 3. Lottery funds should be directed to education. State Response: This would require a constitutional amendment. No action in this area is anticipated. Timeframe: N/A Required Resources: N/A - 42 - SENT BY~EAGLE COUNTY 9-17-93 935 ; 3033287207 3034792157;# 1/ 2 FAGI F COUNTY RUQ DING • T~~.;. 55f 6ROADWAY 171-~It~: Ob INt : ~ F .C~. ftOX S50 [dUNTY MANAGER tAGLE. CC7LQRA!]O 81631 (303) 37S•5605 FAx: (~03) 3~5-7)[)T V.i.... . 'mss 8 t1 ~ d 9 ~a9~f 1111 J51 ld'Ll ~ ~ ~ 1'~ .11J/ ~l.J 1`Y~ ~'~e l~istn'butia~n List i~~Dl~s Jack III. ][..+sywis, bounty PlTanaper ~~iT~o aepteprnbe,p~{ 1`~,~1y9~9~3r y~~y Q~p•~~~/p~ .LL?CJD ^L.~Y./iV 1L 1L J189/~Y ITY•Y~~L~'JIJL'I••••SL J11Y~ The next meeting is scheduled foP ~ed®esdny9 ~epternbea° 29 at ~a4i1 g~onaa a>~a the i~oaaa>~ off ~e fir ~o~ nf~ tie l~gie ~:mannty :13aeilda~ng ~ ~Igle. 'Il'l~anlc you. 'Il'he agenda far this meeting is a,s foliows; II. Update an the ~,gle bounty Airpart g,ayout 1~12~n and Associated lEnv?ironment~l Assessments. ilf. ~pcn Imiscussimn. ][IQ. Adjou~rnanent. ~ ~ Q ° 4~ f ~ b1 V ~ Q,a _ 4 ~ /n~ mot"'` ~ J"" ~ttacf~tnent ~r~ a SENT BY-EAGLE COUNTY 9-17-93 935 3033287207-~ 3034792157;# 2/ 2 ~-,o IIJ&~~aJTIld1~I~ 1L]t~'D'o Albert '°Buz" Reynolds, l~liayor Bill Cunningham, Mayan Celeste 1Vattingham, MayaP Ipra Tern Sonja Beasley, Council l~i[ember Judy coder, Council Member Rick DunFord, council Member Jack Fawcett, Cauncil Member Glen )Ewing, Council .Member Jahn ~lla~ard, Council Member Marian McDonough, Ga~uncil Member Tom Hines, Council Member l~Xry McKinzie, Cvunt;[1 Member Jim Rood, Council Member Roxie Deane, Council Member ISill Jam~:s, Town Manager Willy Powe11, Town ARan~g®r °ll'Qp' e®lE ~YAIlll~, 'H't~~'1~T dJF ~ ~'eggy Gstsrfosa, Mayor Dan Laster, Mayan Merv ?(,apin, Mayor lPrv Tem ~ Bob Mayneq ~Cauncil Member Bob Buckley, Council' Member Dick Mayne, Council Member Jim Gibson, CmunCll Member Pam Schultz, Council I~etuber ltub Levine, Council Member John Jodrie, Council Member Diirt Sl~carer, Council Member Chris Estes, Council IVtember 'T®m Steinberg, Counci1144ember. Blsie Moth, Council A~ember Larry Grafel, Acting Tawn Manager Don Eaton, Acting Town Manager 1~1'~'~~RT T~ ~F CII.~~+'~' Ernest A. Chavez, Mayer Barbara Fresquez, Mayor George Sisneras, Mayor Pro Tem Ted V1?arren, Council Member Richard Calloway, Council Member Grace Sandavol, Council Member Karer? Min, Council Member T.ouella Romero, Council Member Lawrence Chadwick, Council li4e,nber DemeciQ Fgesque~, ~auncil Membex Michael Gallagher, Council Manahan Cal Thmmas, Tovun Clerk Gordon Flaherty, Council Member dent Mueller, Town Manager 71'®d ~A~AY.'II' Larry Gottliely, Mayer ''11.E C~~J~1'Il'~[ Cathy rCutzer, Mayor ~ru 'g'em Bud Gates, Chairman Karen IVAunroe, Trustee :tohnnette )~hillips, Chair Tpro Tem Patrick Collins, Trustee James Jtrhnson, Comrnissivner Linda Johnson, 'Trustee Jack T.evvis, County Manager. 1~Tic1t McGrath, Trust Zack angstad, I~ublic Relations John Fordon, Trustee Demme L'Estrange, Town il~anager g1~~a E1~19~ 4., 1 V \ ~z~~ Terry ~ Rtl `°V ~ ~io Uel O 6~ I' ~ I~V ~ ~ i''"" EAGLE VALLEY HUMANE SOCIETY SUMMER 1993 the blossoming expectations of a pet and devoting the every day, disciplining him for snapping time necessary to make it work. then immediately following up with of Baylee Baylee's wonderful new humans loving attention. "I talked to him adopted him a year ago with constantly," Dawn noted. "And • alk to Larry and Dawn Mullin about some concern, but with a lot • , he seemed to he seemed to become more Baylee, their four-year old cocker of commitment and guts too. and more sensitive to right and mix, and it's like hearing an ad for Baylee had become a concern become more and wrong simply from the tone of the Shelter. "He's the perfect gentleman- at the shelter because he'd my voice." And her voice calm, well-mannered, perfectly been there too long and had more sensitive to always communicated love, housetrained, we can take him become introverted and whether disciplining or right and wrong anywhere..." Almost too good to be true joyless. He would also snap rewarding. Today, glossy- you think, and [lien as you hear the story when someone came too simply from the coated Baylee joyfully follows behind Baylee's adoption, you realize close to his face. Dawn around, happy to follow that there is good reason for the Mullins' Fortunately Larry and Dawn tone of my voice." her gentle commands. successful relationship with their new knew that to have a pet, it The Mullins credit Baylee for pet. It has something to do with the fact took quality time, discipline and concern being a 'perfect dog'. We credit the that Baylee has a heart of gold, yet it has for its emotional as well as its physical Mullins for taking a creature who by eaerythi~2g to do with realistic well-being. Dawn worked with Baylee nature is anxious to please, and giving E the time and caring necessary to let him s blossom as part of the family. 'i. yam. ~ ~ ~ a. w. ~ ; .;.~.t ~...:a.'~`°~*~~ • ...A, . e d a ~ ' ~~P"~1 8 Asa' . W ~9 u 4>a>t b~'~ ~3 >A1 > .L'Aa .il4~ ~ eizw~ v'~.°f~~ > ~:1 ~ a si~.."s ~ ~z s~~` ~~a ~ Zv M`~ r r u 11. Imo' g ~Zl~~.•, a+~m ~;1 - @ i, ~ r ` .•2$k....., _ 'a~e9 aY ...'4 ~~t3a ~.9.P> y$, a.<t~d dd. d.#'.a~ ~M„ .:y,>° ~P.,.~...a.. ,x.r~i•: Readin', INritin' and o 0 0 Adoptions Increase by Robin Pieters by Jennifer Tietz s Director of Humane Education for the / ~ helter statistics show that the dog t~EVHS, I am pleased to announce that ~ J walking program has helped dogs get over 500 elementary students in Eagle _ o~ /LJ s _ _ adopted since the program started in late County participated in our programs during ~ ~ - - 1991. In 1991, 48% were adopted while Humane Education Month last April! / -~-j- ~ - - 52% were euthanized. In 1992 the ~(7 W We visited over 15 classrooms presenting / adoption rate became 70%. 1hP1-do------~ - programs to children from Kindergarten to ~ ~ 2 ~ - So far this year, the adoption rate for the m sixth grade dealing with subjects from > y dogs is 75%. February and May were the euthanasia to the `dog catcher'. ~~Q1n 4 V lowest months for adoption while January Developed by the American Humane and March were the highest. Association, these programs helped The adoption rate for the cats has also children understand their role as improved since 1991 when the adoption `change jar', the youngster was allowed to responsible pet owners and that all animals rate was only 18%. In 1992, the adoption donate the entire amount to the charity of need their respect in order to survive. rate improved to 60%, and to date in 1993 his choice. The Eagle Valley Humane Children also learned how important the it is currently 50°fo. The worst month for Society became $83.85 richer because of animal shelter is to our community and that cat adoptions has been the month of April his philanthropic gesture. The money will it is a viable and responsible way to find a and the best month occurred in January be used to buy chew toys and treats for wonderful friend. when all the cats that came into the shelter the homeless dogs and cats now residing Students often asked what they should do were adopted. at the shelter. when an animal is in trouble; they know Overall, the dog walking and cat petting now that there are people they can call, such as the EVHS, animal control or the . m police. Our next step is to present a " • ; . package to the Eagle County school system, ,p~;~ hopefully including Humane Education as a g^~4 ~ ' 44;$ y Y unit during the school year, making ~ ~ ~ ~m",~~; Humane Education as important as reading, "'a` ~ ~ ~ ; writing and arithmetic. ~ - t',+ Thanks to all the f ,`'''~,~Y ~ a ~ t ~ 3 _^~*y~~ z volunteers who helped in R ~ a _ Y~ the classrooms and the ° ' teachers for having the ~ ~ ; i \ ~ ° \ insight to understand the importance of ~ a ` \ o Humane Education. ° ~ 'z ~ ~ ` ` ~ ~ d r Heaven W Pennies From _ ~ ~ W t 0 evin Clary is aself-proclaimed animal Elisa Grandjean gives a big hug to newly adopted Tawny. Tawny was one of nine dogs y K lover. When his guess came closest to received by the Eagle County shelter following the discovery of over 100 dogs, once ° domestic, that had been running wild in southern Colorado. Tawny was lucky and was the amount contained in the Clary family adopted by Elis 's grandmother, Marka Moser of Vail. r sss~a o~ iron ~aa 3o~ltvoa~ 's sL ~Idn ~o ~nnol ~~aua}sMau pawn~aJ Ino~(uo a6oasod 6uiAod woJ} sn anos oa ssa~ppo }o a6uoy~ InoA}o sn you asoa}d 4 ~~i lv h ~ C1;rt • . ~ f': _ 60l# +!w~ad ~I^9 OJ I!o~ alb'd 8S9~g OPDJ0~0)'~IDn a6o~sod •S•~ ~SSZ X08 ~d •6~0 aywd uoN ~,<ai~os auDwnH /~a~~D~ a~6D3 THE EVHS WISHES TO EXTEND ITS SINCERE APPRECIATION TO 1ST BANK FOR SPONSORING THIS ISSUE OF "PAWS FOR THOUGHT" _ ,~~k ~~Q~~ OR1 4bf~ N~il~ N~,dd(fv CONVENIENT LOCATIONS AT.• O VAII. - Home ojthe Annual Summer Dog Wash MINTURN LIONSHEAD • O AVON O WEST VAIL O BEAVER CREEK "L®aaie" dZist®w avtcl his family ,July 199 O = 1st Teller locations • ~ Members FDlC Each DepositorJnsured to $100,000 animals who share our world: Tracy „ ~ ' i~ r~ Hearder, Nancy Maxon, Ursula Kaiser, O ~ ~ I'~ << ~ r~0/(~ ~Q ~tF ..'r~ Inga Prime, Barb Bomier, Patty and Peter O ~-T~~ t Oralieord al MU~~HphR Mcrki6 ' ~l, ~ 1 ~ n _ ~ ~J,` Janes (more thank yous next issue!) - founders of Colorado Ocean Journey for Cheers ! ~ ~ making the decision to eliminate dolphins d E ' j from their program. Send your letter to - To the following businesses who are . _ t~~ William and Judy Fleming, Colorado r ~ making an effort to offer cruelty-free 1. Ocean's Journey, 1700 Lincoln, Denver, ~ t products: ' Colorado 80203. j'; `,r 1 Skin, Natures Providers, Crabtree & r C ; `a 6- Evelyn, Cosmetique, City Market, Safeway, HURRI(ANEANDREW - On August 23, 1992, t~ ~ Cascade Club, Vail Racquet Club and Hurricane Andrew devastated a 23 square RI'° s~'~~~1 J Homestead Court Club. mile area. An estimated 67,000 families ~ ' ' ~ L~ ~ ~ ` and 110,000 pets were affected by the storm. Countless animals were injured, lost ~ Be and Our Bask and ~~~~~1l~'~~~ or killed. Many individuals from humane _ by Lynn Bean " k : societies around the country rushed to DOLPHINS IN DENVER?... Ending a seven month j help the Floridians in their time of need. battle waged by ARM (Animal Rights Mobilization) and su orted b enerous Vicki Fitch, a Board Member of the Eagle programs have helped the animals PP Y g Valley Humane Society, tremendously. It allows the animals to donations, developers of spent a week assisting in stay socialized while in the shelter, which Denver's proposed $50 ° Fifty percent of captive dolphins die within twa years. daily care, finding foster makes them more adoptable. More million aquatic theme i ark, Colorado's Ocean ° Capture;of dolphins and other homes and reuniting volunteers are needed. Please call Suzanne p telaceans from the wild depletes animals with owners. Morris at 926-2838 if you can help. Journey (to open in naturallpopulationsond reduces 1996), have agreed NOT genetii diversity. ' The greatest lesson learned A B i a Th a n k Yo u toe to have a live dolphin ° Cetaterins have a low captive birth from Andrew was the survival rate. n Denise Fleck, former shelter mono er, exhibit. This agreement ° , importance of being g Dolphins are unable to use sonar in for her integrity and attention to the real represents a major victory captivity. prepared. Many animals since it was apparently ° The display of captive wild animals for were not able to be needs of the animals. the first time any major entertainment provides a miseducative reunited with their owners n Ellen Schoenbeck, for her continual experience for children. aquarium cancelled a because they didn't have devotion to the care and comfort of the ro er identification. Here marine animal exhibit P P shelter cats. in the Vail Valle y i under pressure from an animal rights y, man animals are found n Carol Alleman for taking over the group. So... the system CAN work! 'wandering the streets' without proper Thursday walking group. identification. Please ensure the safety of Your help is still needed to aid the passage ' n All the shelter volunteers who are so your animals -have them wear ID always! of legislation that will prohibit the dedicated and no matter what, seem to p im ortation of cetaceans into Colorado in find the time to make the shelter animals a the future. To request a petition, contact ® MIRK THESE DAVES! ® NOVEMBER ~$TH p little happier. Lynn Bean at P.O. Box 1553, Avon, ® p Colorado 81620. YOU CAN MAKE A ® Hound Dog Hoe Down n A few of the people who have, in some ® DECEMBER 4TH way, given their support to the EVHS in its DIFFERENCE! ~ Pet Photos With Santa ongoing efforts to protect and care for the You can also write a.let;er of thanks to the \®®®®?\?\?\I \I\P\®\I\® .i i . V I 859 G8 op~aolo~ I!~/~ L85z X08 'O'd ~}a!oos aueuanH Ralle/~ a16~~ ~a~H d W`d1S ~~~d ~Sb'~~d Your help makes a difference. ' i i i To help the Eagle Va11ey Humane Society help the animals, I've enclosed my tax deductible contribution in the amount of: $25 $75 $100 OTHER $ Please send me Eagle Valley Humane Society ~ T-Shirts at $20.00 each (Includes tax & shipping) ~ Size: M L XL Please Make Your Check Payable To: Eagle Valley Humane Society i I 1 Name: ` Company: i Mailing Address: _ City: State: ~ Zip: Phone: ? Yes, I'm interested in volunteering for the Humane Society. Please contact me. t ~a e4 TOd~IOF VAIL ~ _ _ _ 75 South Frontage Road Office of Town Attorney Tail, Colorado 81657 303-479-2107/ FAX 303-479-2157 September 17, 1993 James L. Viele Frank Freyer RE: VAIL POLICE AND MUNICIPAL FACILITY Gentlemen: I have reviewed the changes made in the Agreement and note only one (i} discrepancy in paragraph 14.3.12. In the ninth line, the words "prior to written approval" appear. That should properly read, "prior written approval." The word "to" should be deleted. I would also request consideration of adding the following miscellaneous provision as 14.3.13: If conditions are encountered by Contractor that will, for whatever reason, require a change, delay, or extension of time in progress of the work including, but not limited to, discrepancies in the drawings and weather delays, such conditions and observations by the observing party shall be given to the other party immediately after first observation of the conditions. Once notified, any required changes in the work will be addressed pursuant to Article 7, AIA Document A 201 and any other pertinent provision herein. Failure to notify the other party will result in a denial of any adjustment in the Contract Sum and Contract Time. We would also request the following changes in the AIA Document A 201. In paragraph 4.3.6, we would request that in line ten, the word "promptly" be deleted and replaced by the word "~**~Tnediately." ale also request that the phrase "and in no event later than twenty one (21) days" be deleted. Likewise, in paragraph 4.3.9, we would request that in line seven, that the phrase, "within a reasonable time not exceeding twenty one (21) days after first" be deleted and the words "immediately upon" be inserted. James L. Viele Frank Freyer September 17, 1993 Page 2 The Contract will be provided to the Council members for their review prior to the Council meeting on Tuesday, September 21, 1993. I certainly appreciate the prompt response that has been made to the suggested changes up to this point. If there are any questions or comments, please feel free to contact me immediately at the office or at home over the weekend, if necessary. My home telephone number is 328-1025. Ve t ours, ~~i,. ~h ~ as Moo ea~ Town Attorney . l~TM/dd xc: Vail Town Council T ,H E A bQ E 8 I C A N I M S T I T U T E 4- F A R C H I T E C T S ~ . • , x ALq L?crz~rterct A1ll n and F ~ Agra~men vvner and ntracor ta~here the basis of payment is the COST OF THE WORK PL US A FF.~' retith or without ~ Galcartznteed 11~Iaximum Price ~ 9~ ITTN THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION w« H AN ATTORNEY IS ENCOURAGF_D w~ ~ ri RESPECT TO ITS COMPLETION OR MODIFICATION. The 198i Edition ojAlA Document A201, Genera! Conditions of the Contract for Constrtk7ion, is adopted in tbrs document by reference. Do not use with otbergesrera! conditions unless tbis document is modified. This document has been approved and-endorsed by The Associated G:...:..1 Contractors of Atncrica. made as of the Ninety day of September in the year of Nineteen Hundred and Ninety Three ~/Elal~l the Owner: Town of Vail (N~~~~1 75 S. Frontage Road Vail, CO 81657 and the Contractor: DVC, Inc. - (Name mrd address) 1000 S . Frontage Road Vail, CO 81657 the PTOject is: Vail Police and Municipal Facility (N~ and addr~ssl 75 S . Frontage Road Vail, CO 81657 the Architect ]5: Roth, Sheppard, Pasqua Architects (Name acrd addrsss) 2185 Broadway Denver, CO 80205 ' The Owner and Contractor agree as set forth below. Copyright 1920. 1925. 1951, 1958, 196t, 1963, 1967, 1974, 1978, ©198' by The American tnsrituce of Ar~hi[ects. 1735 Ncw York Avenue. N.W., Washington, D.G 20006. Reproduction of the matcrial herein or substantial quotation of its provisions witho[tc written permission of the AlA violates the rnpvright laws of the United Scales and will be subjcct [o 1e3:! prosccuaon. AtA DOCl7R1EMT Att1 o OWIER~GONTRACTOR AGREE,`~ENT a TENTtI IDRION a AIA° ~ ~ 1987 o THE AMERIUN INSTtTLTE OF ARQ~IITECTS, 1735 NEW YORK ~VEDIUE, N.W., WASH{NGTON. D.G 2tmu6 - A'~1°9587 e t ARTICLE 1 - THE CONTRACT DOCUMENTS - 1.1 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Condi- tions), Drawings, Specifications, Addenda issued prior to execution of this Agreemen[, other documents listed in this Agreement and Modifications issued after execution of this.Agreement; these form the Contract, and are as fully a part of the Contract as if attached co this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, ocher than Modifications, appears in Article 16. If anything in the ocher Contract Documents is inconsistent with this Agreement, this . Agreement shall govern. I ARTICLE 2 ` THE WORK OF THIS CONTRACT 2.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indi- cated in the Contract Documents to be the responsibility of others, or as follows: Construction of anew approximately 14,000 square foot Police Facility located over one level of enclosed parking garage and the remodeling of approximately 6.050 square feet of existing police space, in accordance with the contract documents and attachments. ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts co furnish at all times an adequate supply of workers and materials; and co perform the Work in the best way and most e.Ypeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor tb perform the.WOrk in the best way and most expedi- tious manner by filmishing and approving in a timely way information required by the Contractor and making payments to the Con- tractor in accordance with requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 The dace of commencement is the date from which the Contract Time of Subparagraph 4.2 is measured; it shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (/Tacit the date ojcommence»terrt, ij it dijjers jrorn the rtnte of tbis Agreement or, ijappficub[e, state that the date u•i!( be fixed rn o notice to proceed.) Upon notice to proceed from Owner. . Unless the date of commencement is established by a notice to proceed issued by the Oa•ner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and ocher security interests. AIA DOCUMENT A111 •OWNER-CONTRACTOR AGREE>IE\T • TENTH EDITION • AIA'~ • ©Iy8" • THE AMERICAN INSTITI'TE OF ARCH1~'ECTS, I i j5 NEW 1'OR(; AVENLiE, N.W., WASHINGTON, D. C.. Lo01K~ Al ~ ~-1.9ST Z - ~.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insen the calendar date or number ojcalendar days after the date ojcommencement. Also insert any requirements for ear/ler Substantial Completion ojcertain por- iions of the Work, ij not stated elseu~bere in the Contract Documents.) 11 months after notice to proceed ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prorisions, ij any, for liquidated damages relating to failure to.complete on time.) ARYICLE 5 CONTf~4CT SdJAA 6.9 The Owner shall pay the Contractor in current funds for the Contractor's perfotTnance of the Contract the Contract Sum con- - silting of the Cost of the Work as defined in Article 7 and the Contractor's Fee determined as follows: (State a lump sum. percentage of Cost of the lrbrk or other provision for determining the Contractor's Fee, and explain bou• the Contractor's Fee is to be adjusted for changes rn the W'ork./ Lump sum General Conditions $180,417.00 Contractor's Fee shall be equal to 4.5~ of the Cost of the Work. For owner originated changes and changes due to unforeseen conditions in the work made in accordance with Article .7 of the General Conditions(AIA Document A 210) and any additional or modifying provisions in this Agreement concerning changes in the work which increase the GMP, the Contractor's Fee shall be equal to 4.5~ of the increase of the cost of the work and the general conditions will be determined as agreed upon by supported actual costs. For changes in the work which decrease the GMP, the Contractor's Fee and General Conditons will remain unchanged. For owner originated changes in the work which extend the construction schedule, the Contractor will be paid an agreed upon amount reflecting the actual costs incurred by the Contractor. No other general conditions will be included in time extension change orders. _ 5.2 GUARAPf7Ei=D AA®+XIA~UAA PRICE (IF APPLICA~L.E) 5.2.9 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed Three Million Twenty Seven Thousand Seven Hundred FifteenDollars(53,027,715.00 subject to additions and deductions b~~ Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Cosu which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specifrc prorisions ij the Cartractor is ro participate in any savings.) The Guaranteed Maximum Cost shall be guaranteed by the Contractor, subject to modifications for changes to the work as provided by Article 7, and for additional costs arising from delays caused by the Owner or the Architect, Contractor shall give prompt written notification to the Owner of actions or non-actions by the Owner or Architect, which will occasion delays which will result in such costs. If the actual cost to the Owner including the Contractor's Fee, is less than the, Guaranteed Maximum Cost, 1007 of such savings shall accrue to the Owner. AIA DOCUpRENT A111 ^OWNER-CONTRACTOR AGREE4tENT > TENTH EDITION ~ AIA° " v 198- ~ THE AMERICAN INSTITLTE OF ARCHITECTS, 1-31 NEW YORK AVENGE. N.W.. WASHINGTON, D.C. 3000(1 ~999~998~ 5.2.2 The Guaranteed Maximum Price is based upon the following alternates, if any, which are described in the Contract Docu- ments and are hereby accepted by the Owner: (State the numbers or other idenrijication ojaccepted alternates, but only ija Guaranteed Maximum Price is inserted in Subparagraph j.1. Ijdecisions on other alternates are to be made by the Ou•ner subsequent to the execution of this .agreement, attadi a schedule ojsuch other alternates showing the amount jor each and the date until ruhich that amount is slid.) See Attachment A 5.2.3 The amounts agreed to for unit prices, if any, are as follows: (State unit prices only ija Guaranteed ,Llaximunr Price is inserted itt Subparagraph j.1:1.) I See Attachment B Allowances included in contract price. Estimating of change orders to~be reimbursed at $55/hr. Attachment "C" DVC Equipment Rental Rates ARTICLE 6 CHANGrS IN THE WORK 6.1 CONTRACTS WITH A GUARANTEED AAAXIMUM PRICE ' 6.1.1 Adjustments to the Guaranteed ~~iaximum Price on account of changes in the Work may be determined by an}• of the methods listed in Subparagraph 7.3.3 of the General Conditions. As modified herein. 6.1.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of the General Conditions and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of the General Conditions shall have the meanings assigned to them in the General Conditions and shall not be modified by Articles 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 6.1.3 In calculating adjustments to this Contract, the terms "cost" and "costs" as used in the above-referenced provisions of the General Conditions shall mean the Cost of the Work as defined in Article 7 of this Agreement and the terms "fee" and "a reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defined in Paragraph 5.1 of this Agreement. - AIA DOCUMENT A111 •OWNER-CONTRACTOR AGREEMENT • TENTH EDITION • AIA° • ©198? • THE ASIERICAN INSTITCTE OF ARCHITECTS, 1715 NEW YORK AVENtiE, N.W., ~Y'ASHINGTON, D C. 20U(i6 A111~1987 4 • ' S.a CONTRACTS wlTliouT ouAra~NT>tiED I~Axl~lulw PRICE 5.2.9 Increased costs for the items sec forth in Article 7 which result from changes in the Work shall become pan of the Cost of the ' Work, and the Contractor's Fee shall be adjusted as provided in Paragraph 5.1. 5.3 ALL CONTRACTS 5.3.9 If no specific provision is made in Paragraph 5.1 for adjustment of the Contractor's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Paragraph 5.1 will cause substantial inequity to the Owner or Contractor, the Contraaor's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. ARTICLE 7 COSTS TO 13E REIAABURSED 7.9 The term Cost of the Work shaIl mean costs necessarily incurred by the Contractor in the proper performance of the Work. . Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include oNy the items set forth in this Article 7. 7.9.9 LABOR COSTS 7.9.1.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's agreement, at off-site workshops. Including DVC's Project Manager, Craig Bruntz. 7.1.9.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (lj it is intended that the wages or salaries of certain personnel stationed at the Contractor's principal or oth. er ojjices shall be incGuted in the Cost of tl~e Work, ide~r~ tijy in Article 14 the personnel to be included and whether jot all or onlt• part of their time.) 7.1.1.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 7.1.1.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by lan• or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Classes 7,1.1.1 through 7.1.1.3. 7.1,2 SUBCONTRACT COSTS Pavmenu made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 7.1.3 COSTS OF>WIATERIALS AND EQUIPRAENT INCORPORATED IN THE COAAPLETED CONSTRUCTION 7.1,3,1 Cosu, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. 7.1.3.2 Costs Of materials described in the preceding Clause 7.1.3.1 in excess of those actually installed but required to provide rea- sonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the. Owner's option, shall be sold by the Contractor; amounts realized, if any, from such sates shalt be credited to the Owner as a deduction from the Cost of the Work. 7.9.4 COSTS OF OTFIER AAATERIALS AND E®UIPAAENT, TEMPORARY FACILITIES AND RELATED ITEII~S 7.1.4.1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market va]ue. Y.1.4.a Rental charges for temporary facilities, machinen•, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site, ~-hether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Races and quantities of equipment rented shall be sub- ject to the Owner's prior approval. ' '7.1.4.3 Costs of removal of debris from the site. '7.1.4.4 Costs of telegrams and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and rea- sonable perry cash expenses of the site office. '7.9.4.5 That portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in dis- charge of duties connected with the Work. AIA DOCUARENT Ali l ^OWNER-CONTRACTOR AGREEStENT ~ TENTH EDITION ~ AlA`~ ~ ©1987 • THE A.b1ER1CAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENGE, ti. W., WASHINGTON, D. C. 20o(X~ A919-9987 J 7.1.5 AIIISCELlANEOUS COSTS 7.1.5.1 Tha[ portion directly attributable to this Contract of r.:....iums for insurance and bonds. _ 7.1.5.2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Contractor is liable. 7.1.5.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. ' 7.1.5.4 Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming block for which reimbursement is excluded by Subparagraph 13.5.3 of the General Conditions or other provisions of the Contract Documents and which do not fall within the scope of Subparagraphs 7.2.2 through 7.2.4 below. 7.1.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of set- tlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgment and settlements shall not be included in the calculation of the Contractor's Fee or of a Guaranteed Maximum Price, if any, and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of the General Conditions or other provisions of the Contract Documents. 7.1.5.6 Deposits lost for causes other than the Contractor's fault or negligence. 7.1.6 OTHER COSTS 7.1.6.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 7.2 EMERGENCIES: REPAIRS TO DAMAGED, DEFECTIVE OR NONCONFORMING WORK The Cost of the Work shall also include cosu described in Paragraph 7.1 which are incurred by the Contractor: 7.2.1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and prop- erty, as provided in Paragraph 10.3 of the General Conditions. 7.2.2 In repairing or correcting Work damaged or improperly executed by construction workers in the employ of the Contractor, provided such damage or improper execution did not result from the fault or negligence of [he Contractor or [he Contractor's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Contractor. 7.2.3 In repairing damaged Work other than that described in Subparagraph 7.2.2, provided such damage did not result from the fault or negligence of the Contractor or the Contractor's personnel, and only to the extent that the cost of such repairs is not recoverable by the Contractor from others and the Contractor is not compensated therefor by insurance or othern-ise. 7.2.4 In correcting defective or nonconforming Work performed or supplied by a Subcontractor or material supplier and not cor- rected by them, provided such defective or nonconforming Work did not result from the fault or neglect of the Contractor or the Contractor's personnel adequately to supervise and direct the Work of the Subcontractor or material supplier, and onl}' to the extent that the cost of correcting the defective or nonconforming Work is not recoverable by the Contractor from the Subcontractor or material supplier. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the Work shall not include: 8.1.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Clauses 7.1.1.2 and 7.1.1.3 or as may be provided in Article 14. 8.1.2 Expenses of the Contractor's principal office and offices other than the site office. 8.1.3 Overhead and general expenses, except as may be expressly included in Article 7. 8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 8.1.5 Rental costs of machinery and equipment, except as specifically provided in Clause 7.1.4.2. 8.1.6 Except as provided in Subparagraphs 7.2.2 through 7.2.4 and Paragraph 13.5 of this Agreement,. cows due to the fault or negli- gence ofthe Contractor, Subcontractors, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to costs for the correction of damaged, defective or nonconforming Work, disposal and replace- ment of materials and equipment incorrectly ordered or supplied, and making good damage to propem~ not forming pan of the Work. 8.1.7 Any cost not specifically and expressly described in Article 7. 8.1.8 Costs which would cause the Guaranteed Maximum Price, if any, to be exceeded. AIA DOCUMENT Al it •OWNER-CONTRACTOR AGREEMENT • TENTH EDITION •AIA° • ©1987 • THE A~tERICAN.[NSTiTL'TE OF ARCHITECTS, 1735 NEVG' YORK AVENUE, N.W., WASHINGTON, D.C. 2()006 A111-198T G ARTICLE 9 • ®iSCOUNTS, REBATES AIdD REFUNDS 9.9 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. 9.2 Amounts which accrue to the Owner in accordance with the provisions of Paragraph 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 90 SdJBCONTRACTS AND OTHER AGREEMENTS 90.9 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by ocher appropriate agreements with the Contractor. The Contractor shall obtain bids from Sub- contractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Archi• rect. The Owner will then determine, with the advice of the Contractor and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or en[ities from whom the Contractor shall obtain bids; however, if a Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 90.2 If a Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Con- tractor to the Architect (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted; then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended co the Owner by the Contractor and the amount of the subcontract or ocher agreement actually signed with the person or entity designated by the Owner. 90.3 Subcontracts or ocher agreements shall conform to the payment provisions of Paragraphs 12.7 and 12.8, and shall not be awarded on the basis of cost plus a fee without the prior consent of the OR~ner. ARTICLE 9 9 ACCOUNTING RECORDS 91.9 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Oa•ner and the Owner's accountants shall be afforded access to the Contractor's records, books, correspondence, instructions, drawings, receipts, subcon- tracts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 9 2 PROGRESS PAYMENTS 92.1 Based upon Applications for Paymenrsubmitted co the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 92.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 92.3 Frovided an Application for Payment is received by the Architect not lacer than the Fifth (5th) day of a month, the Owner shall make payment to the Contractor not lacer than the Twenty Fifth (25) day of the month. If an Application for Payment is received by the Architect after the application date fixed above, pay- ment shall be made by the Owner not later than ,Twenty X20)_ days after the Architect receives the Application for Payment. 92.E With each Application for Payment the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of chose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment; plus (4) retainage provided in Subparagraph 12.5.4, if any, applicable co prior progress payments. AU1 DOCUMENT A111 ~ OWNER-CONTRACTOR AGREEMENT c TENTH EDfTiON ^ AIA° " ©[987 c THE AMEQICAN INSTITUTE OF ARCHITECTS, 1'35 NEVC' YORK AVENUE, N.W., WASHINGTON, D. C. 20006 A999-9987 7 12.5 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE 12.5.1 Each Application for Payment shall be based upon the most recent schedule of values. submitted by the Contractor in accor- dance with the Contract Documents. The schedu]e of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 12.5.2 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the nest Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 12.5.3 Subject to other provisions of the Contras Documents, the amount of each progress payment shall be computed as follows: 12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable co completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost co the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions, even though the Guaranteed Maximum Price has not yet been ad}usted by Change Order. - 12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. 12.5.3.3 Add the Contractor's Fee, less retainage of Five percent ( 5 The Contractor's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. 12.5.3.4 Subtract the aggregate of previous payments made by the Owner. 12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountanrs in such documentation. 12.5.3.6 Subtract amounts, if any, for which the Architect has a7thheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 12.5.4 Additional retainage, if any, shall be as follows: (/J it is rntended to retain additignal amounts from progress payments to the Co,rtractor beyond (1) the retainage jrom the Contractor's Fee provided in Clause 12.5.3.3, the retainage Jrom Subcontrcurors provided in Paragraph t3.?below. arrd (3) the retatnage, ijany, prot rded by other provisions of the Contracr. insert proe•tsron jor such additional retainage here. Such provrsron, rj made, should also describe an}~ arrangement jor timuing or reducing the amount reta6red after the lY'ork reaches a certain state of completion.) No retainage on DVC Labor, Materials, General Conditions or equipment rental. 1 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE Not Applicable 12. .1 Applicatr or Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the coy red by the Applicau r Payment and for which the Contractor has made or intends to make actual payment o the ne t Ap ication for Payment. 12. .2 Subject to other provisions of the Co Documents, the amount of each progress ent shall be computed as Follow 12. .2.1 Take the Cost of the Work as described in Su h 12.6.1. 12. .2.2 Add the Contractor's Fee, less retainage of percent ( The Contractor's F e sh be computed upon the Cost of the Work described ' e preceding Claus .2.1 at the rate stated in Paragraph 5.1 or, if e Co ractor's Fee is stated as a fixed sum in that raph, an amount which bears the s do to that fixed-sum Fee as the Cost f the ork in the preceding Clause be a reasonable estimate of the probable Cost of the upon its completion. 12..2.3 Subtract the a reg to of previous payments made by the Owner. 12. .2.4 act the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 or t tan l- ate- Ioc Applications for Payment or resulting from errors subsequently discovered by the Owner's accountants in su _ documentation. AIA DOCUMENT A111 • OVt'NER-CONTRACTOR AGREEMENT • TENTH EDITION • AIA''' • ©1987 • THE • AMEKIC.4N INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20000 p1~~~°987 8 2. tract amounu, if any, for which the Architect has withheld or withdrawn a Cenificate for Payment as - the ontract Docume ' 3.6.3 Additional recainage, if an}•, as follows: 12.7 Except with the Owner's prior approval, payments to Subcontractors included in the Contractor's Applications for Payment shall not exceed an amount for each Subcontractor calculated as follows: 12.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each ponion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that pottion in the Subcontractor's schedule of values, less retainage of Ten percent ( 10 Pending final determination of amounts to be paid to the Subcontractor for changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Subcontract Sum has not yet been adjusted by Change Order. 12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably scored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, less retainage of Ten percent ( 10 12.7.3 Subtract the aggregate of previous payments made by the Contractor to the Subcontractor. 12.7.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment by the Oa•ner to the Con- tractor for reasons which are the fault of the Subcontractor. 12.7.5 Add, upon Substantial Completion of the entire Fork of the Contractor, a sum sufficient to increase the total payments to the Subcontractor to pne Hundred percent (100 of the Subcontract Sum, less amounts, if an}', for incomplete Work and unsettled claims; and, if final completion of the entire Work is thereafter materially delayed through no fault of the Subcon- tractor, add any additional amounts payable on account of Work of the Subcontractor in accordance with Subparagraph 9.10.3 of the General Conditions. (Ijit is intended, prior to Substantial Completion oJthe entire lG'ork ojthe Contractor, to reUuce orlimu the retainage jrom Subcontractors resulting jrom the perc'en[- ages inserteU in Subparagraphs /2'. ! and /2. i.1 t<?wve, and th+s is not explained elseu here m the Cauract Documerus, insert here provisions jor such reduction or limttado.t) The Owner, at it's sole discretion, may approve payments to reduce Subcontractor retainage below the amounts specified above prior to substantial completion of the entire project upon recommendation of the Architect and/or Contractor. - The Subcontract Sum is the tonal amount stipulated in the subcontract to be paid by the Contractor to the Subcontractor for the Sub- - contractor's performance of the subcontract. 12.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equip- ment which have not been delivered and stored at the site. 12.9 In taking action on the Contractor's Applications for Payment, the Architect shall be entitled to rely on the accuracy and com- pleteness of the information furnished by the Contractor and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documenta[ion submitted in accordance with Paragraph 12.!t or other supporting data; that the Architect has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascer- tain how or for what purposes the Contractor has used amounrs previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. ~R'P1C~E 13 ~IYY~ PAYMENT 13.1 Final payment shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contrac- torexcept for the Contractor's responsibility to correct defective or nonconforming Work, as provided in Subparagraph 12.2.2 of the General Conditions, and to satisfy other requirements, if an}', which necessarily survive final payment; (2) a final Application for Pay- Ald DOCU6AENT A711 ~ OWNER•CONTRACTOR'AGREEMENT ~ TENTH EDITION ~ AIA`~ ~ ©198' ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1 i35 NEW PORK AVENUE, N.VL'., VG'ASHINGTON, D.C. 2(NN>< A11 ~-9957 9 ment and a final accounting for the Cost of the Work have been submitted by the Contractor and reviewed by the Owner's accoun- tants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: To the extent that any of the work is determined to be incomplete or unacceptable, final payment shall be reduced by an amount equal to One Hundred Fifty Percent (1507) of the Owner's and Architect's evaluation of the cost to complete or correct any such incomplete or unacceptable work. Final payment. shall be made within thirty (30) days of the completion of the unacceptable work. 13.2 The amount of the final payment shall be calculated as follows: 13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's final accounting and the Contractor's Fee; but not more than the Guaranteed Maximum Price, if any. 13.2.2 Subtract amounts, if any, for which the Architect withholds, in whole or in pan, a final Certificate for Payment as provided in Subparagraph 9.5.1 of the General Conditions or other provisions of the Contract Documents. 13.2.3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor, the Contractor shall reimburse the difference to the Owner. 13.3 The Owner's accountants will review and report in writing on the Contractor's final accounting R-ithin 30 days after delivery of the final accounting to the Architect by the Contractor. Based upon such Cost of the Fork as the Owner's accountants report to be substantiated b}~ the Contractor's final accounting, and provided the other conditions of Paragraph 13.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the OR•ner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in wilting of the Architect's reasons for withholding a certificate as provided in Subparagraph 9.5.1 of the General Conditions. The time periods stated in this Paragraph 13.3 supersede those stated in Subparagraph 9.4.1 of the General Conditions. , 13.4 If the Owner's accountants report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to demand arbitration of the disputed amount n-ithout a further decision of the Architect. Such demand for arbitration shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Pa}•ment; failure to demand arbitration within this 30-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Contractor. Pending a final resolution by abbitration, the Owner shall pay the Contracor the amount certified in the Architect's final Certificate for Payment. 13.5 If, subsequent to final pa}-ment and at the OR-ner's request, the Contractor incurs costs described in Article 7 and not excluded by Artic]e 8 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable therero on the same basis as if such costs had been incurred prior to final pa}-ment, but not in excess of the Guaranteed Ma.~timum Price, if any. If the COntractor has participated in savings as provided in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. ARTICLE 14 . MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- " erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 14.2 Payments due and unpaid under the Contract shall bear interest from the date pati•ment is due at the rate stated belon-, or in the absence thereof, at the legal rate prevailing from time to time a[ the place where the Project is located. (huert rate of interest agreed upa+, ij an1~.) Fifteen Percent (15~) per annum. (Usury laws and requirements under the Federal Trutb in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Cat- tractnr's principal places ujbusiness, the location of the Project and elseu here may ajject the talidity of this protisiaz. Legal adtice should be obtained with respect to delatiuns or mtxlijicatiura, and also regarding requirements such as uritten disclosures or waiters.) AIA DOCUMENT A111 • O~Y'MER~CONTRACTOR AGREEMENT • TEETH EDITION • AlA° • ©1987 • THE A~IERIGAN [NSTITCTE OF ARCHITECTS, 1735 MEW YORK AVENGE, N.Vt'., WASHINGTON, D.C. 20006 A111-1957 1O 14.3 Other provisions: - 14.3.1 Owner designates as i.ts representative authorized to act on its behalf with respect to the project, Frank Freyer III. The Owner reserves the right to change the designated representative at any time by giving written notice of such change to the Contractor. 14.3.2 At the Owner's descretion, it may furnish such legal, accounting, and insurance counseling services as may be reasonably necessary for the project and such auditing services as it may require to ascertain the use of monies paid the Contractor by the Owner. The Owner may designate a firm of certified public accountants to perform auditing services under this paragraph. , 14.3.3 The Owner shall be responsible for rezoning applications; platting, legal, topographical and utility surveys; soils investigations and reports; testing and inspections in accordance with the specifications; utility service company capital costs, development fees, and/or plant investment fees; and providing drawings and specifications in a quantity as reasonably required.. to administer the project. See additional provisions 14.3.4, 14.3.5, 14.3.6, 14.3.7, 14.3.8, 14.3.9, 14.3.10, 14.3.11, 14.3.12 see attachment 11 (a) - ~HTICLE 15 TERAAI~ATION OR SUSPENSIOW 15.1 The Contract may be terminated b}' the Contractor as provided in Article 14 of the General Conditions: however, the amount to be paid to the Contractor under Subparagraph 14.1.2 of the General Conditions shall not exceed the amount the Contrac- tor would be entitled ro receive under Paragraph 15.3 below, except chat the Contractor's Fee shall be calculated as if the Work had been fully completed b}' the Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed. 15.2 If a Guaranteed Maximum Price is established in Article 5, the Contract may be terminated by the OR•ner for cause as provided in Article 14 of the General Conditions; however, the amount, if any, to be paid to the Contractor under Subparagraph 14.2.4 of the General Conditions shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount the Contractor would be entitled to receive under Paragraph 15.3 below. 15.3 If no Guaranteed Maximum Price is established in Article 5, the Contract may be terminated by the Owner for cause as pro- vided in Article 14 of the General Conditions; however, the Owner shall then pa}~ the Contractor an amount calculated as follows: 15.3.1 Take the Cost of the Fork incurred b~• the Contractor to the date of termination. 15.3.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the VG'ork at the time of termination bears [o a reasonable estunate of the probable Cost of the ~X"ork upon its completion. 15.3.3 Subtract the aggregate of previous pa}•ments made by the Oa•ner. The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner. for any equip- ment owned by the Con[ractor which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Subparagraph 15.3.1. To the extent that the,0a•ner elects to rake legal assignment of subcontracts and purchase orders (including ren- tal agreements), the Contractor shall, as a condition of receiving the payments refereed to in this Anicle 15, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracu and other contractual rights of the Contractor, as the Owner may require for [he purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcon- tracts or purchase orders. • 15.4 The Work may be suspended by the OR•ner as provided in Anicle 14 of the General Conditions; in such case, the Guaranteed Ma.•cimum Price, if any, shall be increased as provided in Subparagraph 14.3.2 of the General Conditions except that the term "cost of performance of the Contract" in that Subparagraph shall be understood to mean the Cost of the Work and the term "profit" shall be understood to mean the Contractor's Fee as described in Paragraphs 5.1 and 6.3 of this Agreement. ARTICLE 96 E~Ut~ER~,TION OF COPITR~4CT ®OCUMEPITS 16.1 ,The Contract Documents, except for ,Modifications issued after execution of this Agreement, are enumerated as follows: 96.1.1 The Agreement is this executed Standard Form of Agreement Between Oa•ner and Contractor, ALA Document A111, 1987 . Edition. 96.1.2 The General Conditions are the General Conditions of the Contract for Construcrion, AIA Document A201. 1987 Edition. AIA DOCUAAENT A111 u Ou'NER-CONTRACTOR AGREE~IEVT a TENTH ED1TlON c AL4'~ o ©198- ~ THE e A}tERICAN.INSTITCTE OF ARCHITECTS, Ii35 NEB' YORK AVENUE. N.~Y'., ~L'ASHINGTON, D.C. 1lNNxi ~?191-9987 99 Continuation of Article 14.3 - "Other Provisions" from Page 11 14.3.4 Contractor will promptly discharge or bond over any mechanic's or materialmen's lien or the like filed in respect of the work. Without limiting the generality of Contractor's obligation to discharge or bond over mechanic's or materialmen's liens as set forth in the preceding sentence. Contractor agrees that (a) in. the event that any such lien is filed and remains undischarged or not bonded over for a period of ten (10) days after . the filing thereof, Owner may discharge such lien without any obligation to ascertain or attempt to ascertain the validity of the discharge, dollar for dollar, against any sums payable to Contractor hereunder; and (b) if any such lien should remain unsatisfied after full payment, (less amounts withheld), made to Contractor, Contractor shall be liable to Owner for all monies. owner is forced to pay to discharge such lien including all costs and reasonable counsel fees. 14.3.5 The Owner shall provide "All Risk" Builder's Risk Insurance. Owner will provide Contractor with a copy of the policy and Contractor will have accepted the adequacy of the policy unless Contractor provides Owner with written notice as to any requested changes within ten (10) business days of Contractor's receipt thereof. Policy will name the Contractor as additional insured as Contractor's interests may appear. In the event that the policy has a deductible or under any circumstance where an amount must be paid in addition to covered amounts, such cost shall"be evenly split between the, Owner and Contractor. 14.3.6 Liability Insurance - The Owner shall be included as an additional insured on all insurance maintained by Contractor related to the work as detailed in .Attachment "H". 14.3.7 As a part of the Progress Payment procedure described in Article 12 hereof, Contractor will provide Owner with Waiver of Lien Rights from Contractor and all subcontractors and suppliers, on the form attached as Attachment "E" and will include the DVC Monthly Subcontractor's Pay Request attached as Attachment "F". If requested by the Owner, Contractor will provide Owner with copies of all payment to subcontractor and suppliers. 14.3.8 Contractor, by signing this contract, assures the Owner that at all time during the performance of this contract, the Contractor shall be in compliance with the employment and program access provisions of title II of the Americans with Disabilities Act. The Contractor assures that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or denied the benefits of service, programs, or activities performed by the Contractor, or be subject to any discrimination by the Contractor. The Contractor Assures that no qualified individual with a disability shall, by reason of such disability, be subjected to discrimination in any employment practice of the Contractor. 11(a) M. 14°3°9 Contractor acknowledges that during construction the Owner will be operating its, administration' services and police department on site and Contractor shall use its best efforts to respond to reasonable requests of the Owner°s representative regarding restrictions of Contractor and Contractor's Subcontractors° parking, heavy equipment operations, and other construction procedures which may impact Town of Vail operations and/or Town of Vail employees°and visitors° access, comfort, and/or safetyo 14°3°10 Should either party to this agreement bring suit to enforce this Agreement, it is agreed that the prevailing party shall be entitled to recover its costs, expenses, and reasonable attorney feese A prevailing party is a party that shall have obtained a final judgement or order no longer subject to appeals In the event of a settlement before final adjudication, both parties shall bear their own respective costs, expenses, and reasonable attorney fees unless otherwise agreedo 14o3e11 Sales Tax - Contractor acknowledges that the Owner as a public entity has no liability for sales tax and Contractor will review all bills of sale, invoices, and requests for payment to assure Owner is not charged sales taxo Contractor will notify all of Contractors° subcontractors of Owner°s status regarding sales taxo 14°3°12 Notwithstanding anything to the contrary in this agreement, contract, amendments or changes in the drawings or specifications or any terms of the Contract Documents, orders for extra work, or changes by altering or adding to the work, which will change the design concept, or result in a net cumulative cost increase of more than fifteen thousand dollars ($15,000°00) or any change in the terms and conditions of time, shall be null and void unless there is received from the Town Council, Vail, Colorado, prior to written approval; furthermore, the Contractor shall not be entitled to receive payments or damages in law or equity for work performed or services rendered on account of said amendments or changes without first receiving said consent in writing by Town Councils 14e3o13 Should the contractor through his efforts achieve savings in labor or negotiate material purchases or subcontract agreements which without changing the scope or quality of the work result in savings, such savings shall be identified and retained within the guaranteed maximum price budget as a contractor°s contingencye Such contractors contingency may be used at the contractors discretion to offset cost over runs which may arise during the course of the worko 11(b) • - 16.1.3 The Supplementary and ocher Conditions of the Contract are those contained in the Project Manual dated ~ - and are as follows: Document Title Pages Project Manual dated 8/16/93 by Roth, Sheppard, Pasqua Architects 16.1.4 The Specifications are those contained in the Project Manual dated as in Paragraph 16.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Project Manual dated 8/16/93 by Roth, Sheppard, Pasqua Architects A!A DOCUMENT Al i l •OWNER-CONTRACTOR AGREEMENT • TENTH EDITION • AIAm • ©1y87 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEVG' YORK AVENliE, N.W., WASHINGTON, D.C. 20006 1 ~-1987 ~2 16.9.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to thrs Agreement.) plumber 'T'itle Date See Attachment t1D" 16.1.6 The Addenda, if any, are as follows: tVumber Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 16. AIA DOCUPAENT A111 ^ OVG'NER-CONTRACTOR AGREE`tE\T ~ TENTH EDITION o AIA'~ ~ ©19H' ~ THE A:`tERICAN INSTITCTE OF ARCHITECTS, 1'i5 \E~Y" YORK AVENUE, N.VG', VI'ASHINGTON, D.C. ?(NM16 1991-9987 93 16.1.7 Oche: Docvme:its, if any, forming part of die Con~aQ D0~12tIIG2L5 are a3 follows: ftly ee,: a+ev aadilio+ral doay+rexa a~birb are irrrexdad ro form part ojrbe ~ase+earet 7ba Gmervl Coneitwns pmvide rbat beddi~elq regoirQrreerrct.urtb ar _ emnrrtserre~rt Or vaitatrorr ro hiQ /ia>nsCmrrs ro Bolder; sa+>sp/e jorrsr and me (yvcaar's hrd es>:or parr aj rbe Cwurac Doa~menrs u+aecs rmrmerate+~ in ~bv w6... . , . rv~ sborla e. ber. ordy y internded ro be parr of use Attachment A -Clarifications by DVC ~ _ ' Attachment B -Allowances Attachment C -DVC Equipment Rates Attachment D -List of contract drawings Attachment E -Waiver of lien rights Attachment F - Subcontact monthly payment request Attachment G -Detailed cost breakout of the Guaranteed Maximum dated 9/9/93 This A~y.......e:ic is into as of the day and year first wriaet above and is ".tested in ac lest three oaginat rnQies of whic`t one is to be delivicet! to the Contractor, one to the ~irrhicect for use is the adminisuzBOn of the Coacnct, and die remainder w the Owner. OWNS CONTRI~GTOR (signature) lS~B~re) (Prirrtert lranrt and tillr~ (Printed ?rmnr acrd titlrf AIA QOCtJ1lEIi'r At11 •Oc',tER-CO`RItAGTOR AG~E"rT • Tt`ITH EDCf:ON • ~U.~' • X91987 • THE . AMERlCAIIt INSTTT'L'Tc OF ARGiiITEC:S. 1'35 vEw YORK AVFl`fi:T: ;t.VC'., ~ASHItiGT'OY• L).C 2000H ~ ~-~98'T ~4 Attachment °°A°° Vail Police & Municipal Facility EXCLUSIONS & CLARIFICATION TO THE PLANS & SPECIFICATIONS DATED 8/16/93 General: The west entry is included as an allowance of $53,000 to be designed and adjusted to the contract by addenda. DIV 1 GENERAL CONDITIONS See Original DIV 2 SITEWORK 1. Topsoil to be placed to an average depth of .5 inches over disturbed areas. 2. Foundation drain to be 4" flexible ADS perforated pipe with filter fabric sock. 3. Irrigation tap repair work on south side of Frontage Road excluded. 4. Contractor to have option of relocating the existing 1" irrigation meter and backflow preventor currently on north side of Frontage Road into the generator room. 5. Widening of the Frontage Road is deleted. Curb, gutter, pans and walks to remain in the scope of work in a westerly direction to the middle parking lot driveway. 6. The existing steps, curb and drive west of the middle parking lot is to remain as is. Drainage shall be surface and the culvert abandoned. 7. Relocating of trees and plant material by T.O.V. 8. Asbestos removal is excluded. 9. Solid rock excavation or moving of boulders larger than 2 cubic yards as well as blasting is excluded. 10. Dewatering is excluded. 11. Over excavation and backfill due to soils problems are excluded. 12. Backfill of building and under structure. assumes using "on site materials" with exception of free draining gravels under slabs and drains per specifications. 13. Minimal disturbance and revegitation is included at the west portion of the I-70 right of way where new trees and drip irrigation is to be added. 14. Section 02513 - asphalt paving-rotomilling of any asphalt is excluded as is overlaying of existing asphalt paving. 15. The 18t° RCP on C-1 as been changed to 181° CMP 16. Leave the existing 161° CMP in place and abandon under existing driveway. DIV #3 CONCRETE Tdo Comments DIV 4 MASONRY 1. Add one course of 6" block grouted solid, anchor to slab on grade with #4 rebar at 24" CC below all wood walls in parking garage. DIV 5 STEEL 1. Contractors option to use 25 gauge steel stud framing in lieu of wood framing. at non bearing interior wall partitions. 2. 05511-2.01 A.2 - Metal stair pans to be standard 14 gauge steel in lieu of 10 gauge. DIV 6 ROUGH CARPENTRY 1. 06100-2.05 A.3 wood exposed to view in finished work not to be fire resistant treated. 2. Contractors option to use 7/16" wafer board in lieu of 1/2" CDX plywood at exterior sheathing areas under exterior gypsum. 3. 06200-1.04 A - Fire retardant treatment to millwork interior trim, shelving etc, is not included. 4. 06400 - casework is 1°Casework" brand specified by Salina Planing Mill. 5. Detail 6/A15 plastic laminate at soffits is deleted - drywall. 6. Hollow metal frame noted on detail 0/A17 evidence cabinet is deleted. DIV 7 BUILDING INSULATION '1. Section 07210 - 2.02 E nailable deck insulation is not included. 2. Sound insulation is assumed R-11 unfaced batt. 3. E.I.F.S. section 07241 - 2.02-E reinforced fabric to be standard manufacture weight not 10 oz. per square yard. 4. North Elevation of building assumed 2 coat R-wall system with synthetic finish coat to match rest of building. No rigid insulation. 5. The stucco color shall be a standard manufactures color, painting of existing building to match is not included. DIV 8 DOORS 7 WINDOWS 1. Section 08110 - 2.02 - L, security doors and frames 12 guage not 10 guage. 2. 08110 - 2.03 A-3 knock down frames are assumed 11timely" brand prefinished frames or equal. 3. Section 08360 - Overhead Door to be motorized including 40 transmitters. 4. Section 08800 - Glazing no "low E".glass included 5. Door Schedule - Door #5 has no hardware specified Doors 25,33,34,36 & 100 have a hollow metal frame not K.D. 6. Section 07250 - spray fire proofing is not included. DIV 9 FINISHES 1. Drywall finish is assumed light orange peel texture. 2. No drywall at underside of trusses in attic included. 3. Section 09250 Gypsum Board 2.02. B, file backer board only included behind file at shower stalls. 4. 2.02-C water resistant board behind wainscot file areas. 5. Section. 09300-tile. Shower floors to be cement/mortar mix with polyvinyl liner and 2x2 tile. 6. Section 09510 e Acoustic ceilings to be equal to U.S.G.brand. DIV 10 SPECIALTIES ' la Section 10160 toilet partitions to be floor mounted, overhead braced. 2. Section 10270 access floor system to be deleted in toilet #184, coats and lockers #189, corridor #188. Wood over framing at those areas. 3. Section 10520 e Fire extinguisher's location and quantity need to be determined. DIV 14 ELEVATORS 1. Section 14200 m elevator is Dover requiring a hoistway of 7°41° x 6'0°°. Auxillary car station is not included, elevator meets minimal ADA & UBC codes requirements. DIV I5 MECHANICAL 1. Delete make up air unit #1 at garage. 2. Add unit heaters at garage. - 3. Generator exhaust through the wall not through structure and roof 4. Toilets to be floor mounted flush valve. 5. Copper piping to be type °°L°A not type °BM°D 6. Evaporative cooling is included. 7. Fire protection is on a single system at lower level of new construction and lower level of remodeled space. DIV 16 ELECTRICAL 1. Revised lighting plan 2. ATo new UPS system simply relocate existing. Attachment "B10 ALLOWANCES INCLUDED IN CONTRACT AMOUNT 1. Winter conditions to include labor, materials, and subcontract work to remove snow, build temporary enclosures, supply temporary heat to protect work as necessary. $30,000 2. West entry including estimating, labor, materials, subcontract work. 53,000 3. Signage - labor and material 5,000 4. Flagging labor and barricade rental T.O.V. supply barricades and suppliment flagging with staff if available. 5,000 In the event expenses listed herein, exceed the budget allowance, the increase will be dealt with as a change order, and Contractor shall be entitled to a fee as in the case of any change order. In the event expenses listed herein are less than the budget allowance, the decrease will be dealt with as a change order, and Contractor shall receive a fee based upon the original budget allowance. Attachment "C" I~ D9C, Inc. ( EQUIPMENT RENTAL SCHEDULE 1000 S. Frontage Rd. West Project Name: Project 1 9ai1, Co 81657 I Pay Period from /26/ to /25/ ! ! ! ! ~i ! I RATE( # it RATE # ii DESCRIPITON I /MO.~PCS.~TOT®L II DESCRIPTION I /DAY~PCS.~TOTAL ?OFFICE TRAILER I 550 I (DAILY RATES) ~ ( ~ !(OFFICE W/ STORAGE 500 CORE-DRILL 65 II ;STORAGE TRAILER 400 ~3" BIT 115 ~~COMPUTER/WORD PROLES 150 4" BIT 135 ~IDIGITIZER 350 5" BIT 160 TYPEFdRITER 35 (6" BIT 185 ~~COPIER 150 I7" BIT ~ 225 I MOBILE TELEPHONE 250 'I ((RADIO (2-WAY) 851 ~ SCAFFOLD EQUIPMENT i RATE( # ( II ~jFAX MACHINE 80~ i (MONTHLY RATES) ~ /MO ~PCS.~TOTAL j,TRASH TRUCE ~ 1;500) iPLANES X18.001 I 1( iTRASH TRUCE (D@ILY) . .3547:, 132" PILE 151.0 I I ~I1 TON TRUCE " ' 650 j 124" PILE 126.0 j +1. ~IPICEUP TRUCE 6001 (CROSS BRACES 2.851 11 liPICEUP TRUCE (D@ILY) 60I END FRAMES ( 6.651 ~IFORELIFT 2,1001SCREW DACES 7.50 !CASTER WHEELS ( 7.50) jTHEODOLYTE 425 GUARD RAIL POSTS 13.351 1! ~~TRANSIT/LE6EL 3001 '~10" GUARD RAIL 3.10}! 1~ iiGENERATOR 650 j5 GUARD RAIL ~ 3.901 11 1!AC WELDER 150 ~ 1 1 , 1 11 it DC WELDER 5 5 0 (iACETYLENE TORCH 200( I I IIREB®R CUTTER 1 .90! ! !1 SMALL TOOLS ~ i ! (!AIR COMPRESSOR ~ 250 ~iNUMBER OF CARPENTERS( i !.TRIM COtiPRESSOR 125 {(TIMES RATE 145 ~I NAIL GUN I 100 ~ f~ 1 ~ ~ it IiRAMSET j 95I I~ MISC EQUIPRATE I ~ ;(ELECTRIC DACE HAMMER 7001 11 (D®ILY RATES) 1 IDAYI 1 11 ;;ROTO-HAMMER - ~ 375 (AIRLESS PAINT SPRAYER 651 ~ (GLASS SUCTION GRIPS I 10, ~ !(RADIAL ARM SAW 250 ~ ~1 (jTABLE S®W 9" 225 10" UNISAt~ 525 1 1.PLANER/JOINTER 525 ! j (I PORTABLE PLANER 175''1 ~ f ( jl j116" MITER BOg 175 i 'I 1'10" MITER BO% 1 951 1 t~EEELY RATE = 35~ z MONTHLY ! jl !COMBINATION MITER BE 1751 11 DAILY RATE = 10°G z MONTHLY ~ 11 ~~DRILL PRESS ~ 150+ ii~ ! I! i t i~ t ii INSULATED BLANEET 75 11 COST CODES ~ 11 ELECTRIC BLANEET 450 ~ I 11 ! 11 !1 SNOWPLOW/TRUCE i s5o 1 I li I 1 11 i SNOW BLOWER 450 i I II I i it ~jPROPANE BOTTLE 45 ! II 1 i i) ljPROPANE HEATER 65I I it I i 11 j1ELECTRIC HEATER I 351 1 li ~ 1 it 4~ I ~ ~ 11 TOTAL I ~i Attachment "D" LIST OF DRAWINGS T-1 TITLE SHEET, INDEX C-1 U.S. HIGHWAY 6 NORTH FLOWLINE PLAN & PROFILE C-2 U.S. HIGHWAY 6 NORTH FLOWLINE PLAN & PROFILE C-3 SITE .IMPROVEMENTS C-4 SITE IMPROVEMENTS . L-1 LANDSCAPE DEMOLITION PLAN L-2 PLANTING PLAN EAST L-3 PLANTING PLAN WEST _ ' L=4 IRRIGATION PLAN EAST L-5 IRRIGATION PLAN WEST . L-6 IRRIGATION DETAILS _ L-7 LANDSCAPE DETAILS - - - . D-1 FOUNDATION & LOWER LEVEL DEMOLITION PLAN _ - _ D-2 MAIN LEVEL & ROOF DEMOLITION PLAN ~ ~ A-1 LOWER LEVEL FLOOR PLAN _ - A-2 MAIN LEVEL FLOOR PLAN A-3 ROOF PLAN & ROOF DETAILS A-4 BUILDING ELEVATIONS A-5 NOT USED A-6 BUILDING SECTIONS A-7 WALL SECTIONS, DETAILS A-a WALL SECTIONS, DETAILS A-9 WALL SECTIONS; DETAILS A-10 MISCELLANEOUS DETAILS A-11 WINDOW DETAILS A-12 DOOR FRAMES & DETAILS A-13 STAIR PLANS, SECTIONS & DETAILS A-14 ELEVATOR, STAIRS & RAMPS A-15' TOILET ROOIvI PLANS, ELEVATIONS & DETAILS A-1 G MILLWORK PLANS, ELEVATIONS & DETAILS A-17 MILLWORK PLANS, ELEVATIONS & DETAILS A-18 LOWER LEVEL REFLECTED CEILING PLAN A-19 MAIN LEVEL REFLECTED CEILING PLAN S-1 STRUCTURAL DETAILS S-2 LOWER LEVEL FOUNDATION PLAN ~ S-3 MAIN LEVEL FRAMING PLAN S-4 ROOF FRAMING PLAN S-5 STRUCTURAL DETAILS S-6 STRUCTURAL DETAILS S-7 DEMOLITION PLANS MD-1 MECI IANICAL DEMOLITION PLAN M-1 LOWER LEVEL PLUMBING PLAN M-2 MAIN LEVEL PLUMBING PLAN M-3 LOWER LEVEL HVAC FLOOR PLAN M-4 MAIN LEVEL HVAC FLOOR PLAN M-5 FLAG NOTES, HEATING WATER PIPING SCHEMATIC M-6 MECHANIQ~4L DETAILS M-7 MECHANIC L SCHEDULE M-8 MECHANICAL EGEND, FIXTURE CONNECTION SCHEDULE M-9 PLUMBING ISOMETRICS E-1 SITE PLAN E-2 LOWER LEVEL LIGHTING PLAN E-3 MAIN LEVEL LIGHTING PLAN E-4 LOWER LEVEL POWER PLAN E-5 MAIN LEVEL POWER PLAN E-6 LIGHTING FIXTURE SCHEDULE E-7 ELECTRICAL DIAGRAMS E-8 ELECTRICAL PANEL SCHEDULES E-9 ELECTRICAL ONE I_INf_ DIAGRAM - ~ ~ 'a Attachment "E" - ~~~E upon geceipt ®g ghe stem ®g a which constitzates payment for all materials fugnished and/®r labor performed in canjunction with the construction of impgoveffients at the property address or job stated belo~r, the undersigned in consideration of stash payment hereby releases agl rights to claiffi a lien as provided by law against the described property fog all ffiaterials furnished or work done to the pr®perty desog~ed belot~o and tiTarrant3 that all laborers empl®yed by the undersigned upon the said premises have been fully paido and that all supplies and ffiaterials ftarnished to the undersigned fog use upon the said premises have been paid for® and that n® such gaborerB stapplier ®r ffiaterialman has a demando claim ®r Bien against the ggeffiises thr®tagh the abave dateo PROPg~~Y ~A~~~~ o ~Yo - hddress a - - City o Mate ~ _ ph®neo - - ~ ss o - phis instgt~ent was aclcnot~tledged befogs ffie this day of n ~~9go by ~y c®mmgssg®n empires o . Notary public - - - . SUBCONTRACTOR DVC, I:NC. MONTHLY PAY 1000 S_ FRONTAGE ROAD WEST+ REQUEST VAIL,. CO 81657 {303) 476-368~h a Subcontractor Job: Billing # ~I Trade: Billing Periad to - Original Subcontract Amount $ ~ Approved Change Orders No. through i Revised Subcontract Amount - $ ~ 1 j THIS MONTH + TO DATE I. Work Completed and Stored to Date I 2. Material Stored f, 3. Total Mork Completed & Material Stored (1+Z) I~ ~ I 4 4. Retention X I • , ~ 5. Total Earned Less Retention (3-4) ~ ~ ~ 6. Less Previous Payments to Sub } i 'T . Current Payment Due (5-6) _ $ ~ !1 i - - - RELEASE AND CERTIFICATION OF PAYMENT ij State of -County of }f •I, upon receipt of (dollars for payment request 26th to 25th and in consideration ~(of the aforesaid payment do by these presents, waive,- re:Linquish, and I) absolutely release forever, all right to claim a mechanic's lei.n against the !E 'owner of this project for value above which might accrue under the laFS of i~ the State of Colorado. Name Title Company } Sworn to and subscribed before me this day of 19 - Notary Public in and for said County and State My commission expires: - IMPORTANT: This request must-be notarized and received by DVC on or before the 25th of the month to be processed. _ . , d DVC USE ONLY ~ Approval for payment: Date Rec"d Jab-# II I) Cost Code ®pproved Amount ll Superintendent - - - - P . M . iI _ . _ II DVC 4=9 SMPR . frm 2/92 ^ Pag_ d DVC, I"~Ca Praj?c~: '>r":Il POLICE STATION RODITiON 6arag? 12,3 1000 Scllth :r~n3g? Rand ~?sf Own?r: TORN OF VAIL Office 13,9 V_iI, :.*i~-_da 8ib`7 Ar~hif?~`: F.Cir', SHEP?~ D, PRSOtli; Re~adel 6,l~` 6~P Tcial urns. Sgeare Feet 3Z,Si! AT?~C'~~~'+' "G" RE~rISEO SEPTE~E!ER 9, 1"r93 i i i i ~{~tTEKI}~S i ~ Hi+li`•. i i i~u~71 ?E.~i r 1 1 1 n~ 1 I ~80 ,~1. I C!} a t ~ 1 t hiJiEE ii 1 .~71.i':I'?lON IQ~irilll'II 1 Aacunt I L'• t Ii1Rh~T 1 IOIhL t Sf I 1 1 ; I 1 1 1 1 1 1 I 1 1 1 1 1 i 1~. ii7Ci{C`,(i~JIL ~.tiiiUlTltiii5 i i aµ,51! i if J, 700 i /U i i3?O,~CI1 i 5.50 i 11 (J1 I~i1t N^li~. 1 I 55,:.10 1 /~,~l~/ .1 4~4j1l14 i 5•x/,587 1 16a•J9 t I ~1 Ir :r 1 I ~ 1 ^ i -t^ : t c 1 t•, 1 I! IJa 14t~i~~v~Lit 1 1 BSI) 1 5µ,0b0 1 alf., 6µ6 i T`i .J, ~v1~1 ! li.Nl. 1 f. 04 ~NkSOidRY ~ 0 ~ 4 ~ bZ,900 . b~,900 ~ 1.;5 ; 11 t~.c=, 1 ~ 1 0 ' 11,400 ' 53,4' 1.6: ' it 05 Iu1LLi. 1 1 3b 03% 1 1 I J1 1 1 11 A 1xx71l!77~~: Y7 ~~T~r~ C a} 'C 1 ~ i I! Ly aU: h n.:1.~ i ~ 2b0,1,:9 ~ ~b5,~?00 ~ 10,500 ~ 5JJy'~5? I I6.~3u 1 0'r ~pOISTIlRE FROi_CTiON ~ ~ 5,488 ~ !1],b50 ; i8,?7li ~ 85,3[55 ~ ZaaO ; _ I i tJJ IL'1rlivlM.u i ~I`~lil~k7 I 1 J~,aCb 1 i81~~1`! 1 .74,999 1 lli,9b5 i aa4i 1 09 FINIS~E~ ~ ~ 0 ~ 0 ~ ~~'•,b00 ~ 2i,b+}0 4 b.°4 i~! ~S~ECINLI'.=_ ~ Z,l00 ~ 960 ~ 4;,69; ~ 5i?,?5i 1.55 I`n~iT ~jl- , 1 ~1 ! 1 1 ! 1 i i 11 1~1L: p;.l! 1 1 V I V I 0 1 1 O.i4~O 1 i e li ii ~~Rei_~1 + i I~ i V i ~ i O i ~.r~ff i : y y~ y`.;y n. al it. llnrr 1 1 F J~ 1 1 1 :1~ t I I j. L, _v:1~ ~VItS'R~.. N i 1 0 1 V I 0 1 4 1 `laV:y { 11 Sq' '('r~EC BSI ~•.i.i`~S t t n ! 1 ~4 . 1 y a; 1 11 i 1 ~J~r:'t:n~ : L:IV 1 1 1J 1 1 l.~.t%RJ'! t 1+51 i'Oi 1 1~. ~ i I i iJ 1'i~<E_ilh;Vif,1 I t A I 1 T±a~ .~.1 i~ C!^r 1 'y . L 1 ! ~11 I 1 1 4~i1~~JJ 4~ `~J.1~ 1 1J. i ib ~E~ E:T.;I"~~ ~ ~ 0 ~ 0 ~ 194,000 ~ 194,i)O~i ~ 5.91 ! i; ~P_;iNIiS ~ E:S ~ ~ 0 ~ 0 ~ 0 ~ 4 ~ 0.00 1 1 1 t c~f-~-nr.+ •n nr•~ 1 +r 1 c~± !]A 1/ f{F. ~j 1~ p I cc 11 LJI Ji M~ j(11>E'v~ Cu~tS 1 4C7,i•i./ 1 r•~~.,54+1 It,~i ar7,1~h17 1 L,l~i7/,NJaI F aaa J~} t 1' i I i ! 1 1 11 t 1 1 I 1 11 K:;u FRO, IT I I 1 1 13),330 1 3. ; , 1!________________________~~________~_____i----------1__________1----------1-----------~-------~1-------~--------- TOT~i ,.STI~;;TE ~ ~ ~ 3,02',?I5 ~ 92.31 1 ~nrr, . G;~ ~r.:c. 49-ep-=.~ Pdge 2 4'1Cy INC. PrGje~t: VNIL PCLiCE STnTinN flDOiTiCN &arage 12,8° it?c)l~ SGUtn =runtag? Roa Ne=_j Cwrter: TCNN Cr VAiL Office I~,~2= r flrc5iter'~• RCT, SNE^r~flRuy PflS;~;lA Re~G~ei b,45 _ 3~;._-t7;;-~1;~~ 6ii? Totdi Gross Square r'eet 32,~y41 • T F~ i.. 1:=~~: G RE':la~~ at: TEs,Lt: , I99~ , '.1 1 , ; i9AT.^i~L i LflSCR ~ 5~~E- ~ ~C7ST ~E:i: li L ~t.iS., il~,~ i~li!i~iiii 1 fl'~Gunt 1 fl®GL'nt 1 ~UllTnt!.i , TiJ1;iL i i NC1~~ ~ 1 1 1 1 z 1 e , 1 1 t r , 1 , e i i 41 i8'trtnWL ~ Un~l I iCP,~ , , 1 1 1 1~ 1 I! 11-1 G~e~L II~Sk11r?r 1 f 4 1 44,?4`~ 1 - 1 44,44+~ 1 1 ~Euperirte^~ertt ~ 4 ~ 69,444 ~ 69,044 il.ler~: i 4 ~ 5,004 ~ 5,044 ~ ; 11 ,rase; rziaGVai 1 1 11,...0 1 11,5.1, , 1 ia,il4 1 1 1, IQlt.:n e , 7, 1 t 1 7 q 1 1 I! 11 Jl:e l 1 •J, ?!.f , 4 1 , J,4L7 ! 1 ;Safe? ~ ~ 1,444 ~ 544. 1,5+74 j 1' 1 ti!:i{~ 1 e n n 1 1 e q ~ 1 1 1 1, ie,.G. a:--_~s._o 1 1 [Ii44 1 4 1 1 c,c 1 1 ,general la~ar 1 1 4, 18,551) 1 1 1;t,,,SG 1 ~"atzriai testin ~ ~ 4 ~ 4 ~ ~ 4 ~ .8Y C~NE:i 1, ,p; m ~ it ~ , u1 t 1 , c , 1 „ Ir.CRI,r IrL~..s , , 4,'+~:. 1 1 1 4y?a + 1 i i il'~2e1 3 ~aiG_Gdi:i: i i 4y954 i i i 4,9511 i i~ 1 1 , fir;-.: ~ : ~ • ~ 1 . i 4~4 ~ i 444 ' ' (1f iI ' ' . „ ~r c, 1 1 1 , 1 11 i~.G~l?r?I h~ , ~ 1 ~ i, si4 , 1 , 1,•311. 1 1 i'?ff._= Su^ pies 954 ~ ~ ~ 954 ,p. 11 Iti • 1 , 1 1 , n , , 11 IiGiieTC ~ , i, 214 I 1 ! 1,114 ! I ei----i--°-----~--------------e-- i- , 1 „ 41 11L1C1 ai~~ . ! 1 517 1 4~,.4 1 4 1 Id:,417 1 J.v4 7 9M1b4'YM14444441~4M1M1b'S144~1Y44444'Y1~+r44S11!441rM14Y4'Y4i1SM1M1411M14M1'~~1rM1M1M14ti9rM1 ttiS4'h'LbM1Y414~444S441rM1M14M1'fh14'~iYti4ti'r4914tih9rti M1'1rM1tir 4'4M1MM144'4 42 ~ SiTE~Ci ~r- ~c~TE ccc~Er:E ~ a ; ~ o ; . 53, 444 ; 53, 444 ; 1.62 , flLLO~?aNCc .site fen_z ~ 4y344 2,164 ~ 450 ~ 6,914 ~ 4.21 1flLLSTflTE r"i:NCE , 1 ~ . 1 t4r:. . , t ! 1 t e , 1 r .4~. Q. ,1 ,fiagg:;g a ~arr;,cad?=_ IflL__Ia~,NCEi 1,444 1 4,QQG 1 1 5,444 0.~,: ,AL~CaIflNCc... T.C TC ~ aiST ;site dzsGiitien ~ 5,154 ~ 14,454 ~ 4 : 15;244 ~ 4.46 -1, , , , n~ 1 ! 1 , , 1 1. 1~11ii~i~g derGiitiGn 1 ir,46o 1 34,674 1 1 59,734 , ~ la 1 1 , 1 ~ ! ~ 1 1 , 1 !~7 f ,1 1=_zw gutting ! 1 1 1 14,414 1 14,424 1 0.,;:. 1 ~zxcavation,•'.ac~fiil ~ ~ ~ 8,494. 1';4,444 ~ 1'5,494 ~ 4.22 site utilities ~ ~ ~ ~ 35,444 ~ 35;404 ~ 1.47 _ - .paving k prep par~:ing ~ ~ ~ ~ 1.3,755. 1.3,755 ~ 4.42 iwiden Frontage Rd ~ ~ ~ ~ 4 ~ 0 ~ 0.44 ~NCi INCLJDED ~pr;;tect trees ~ ~ 244 ; 504 ~ ~ 144 ~ 0.02 i.ufveying;layout 4y540 a,u44 ! 1,544. 0.23 itcp soi; ~ ~ 24,444 ~ 24,444 ~ 4.%3 " ~ r' 544. 544 ~ 0.42 ,1 ,Ea.n.31n 1r:igatl0n/east / 1 1 1 1 ! ~ / ~ian~s_ape k irrigate i-• ~ ~ 42,9L3 1 92,9v 1 c.53 , ~Iandsape k irrigate i-70. { ~ 41,461 ~ 41,461 ~ 1.26 ~Ian~isLape 3 S. side Front.' ~ ~ i 3,444 ~ 3,044 ~ 0.09 winter prGtettian ~flLl~'~ANCE; 15,040. 15,444 ~ 34,440 ~ 0.41 ~fll!CNcaNCE 11---~' 1 II -------------------I 1 1 I 1 1 1 42 ~TGt. CivisiGn 2 ~ ~ 55,214 ~ i~,570 ~ 444,549 ; 5:;7,589 ~ 16.;,"r 1 , 1r4b Yh114b 41~l~?44M1,r~f tiM144M14449rb4,r4464~?M1'aM1Ntil9rgr4'M1'YM1M141r711M1h1H4h4M1M1M1UM?S1•h1M1M1M1ti T1rM1M1'i M1M1M1Y'1rM1M1TbM1M1M1iM144hM1M1hbM11rM144M1b4MM M1tllrb++ i Il 1 . R~JI, QAiE: 0?-6ep-?3 Page 3 GVC, i?dC. PrG;ect: VRiL POLIO SiAiIOt~ AQDITiON Garage 12,828 11;00 So~rh Pin*.ace RGad Rest Omer: TOk~4 GP VAiL Office I3,9Z3 0 Jai?, CGlvrado 81657 Architect: ROTN, SNEPPARQ, PA50JA Re;~odei 6,050 au,;-476-autli 6~1P TGta1 Gros: Square Feet 32,801 mcv n n AT i RCif ~~1, i G RE'd iScQ vEP i Er~.nE~ 9, i??3 ~ PIAiERIAL LABrR ~ SU8- ~ ;COST PER; ~ QEECRIPTiOP~ ~QL'ARTiiY ~ A~GUnt ~ A~GUnt ~ COliTfiACT ~ TOTAL ~ &r' ~ NOTES 11 1 1 1 , 1 1 t 1 1 1 ~ 1 1 I ~ t I 1 1 1 -_I n 1 1 / / 1 1 1 11 4J 1 {.I.iii Vl~~!t 1 1 1 1 1 1 1 ii iCs5t 1'1 alaCe k7ai15 i s i i 14b1~~?~! i I4b/90th i 3.26 i lsiab on grade ~ ~ 20,150 ~ 26,501? ~ 8,8'0 ~ 55,48G ~ 1.6? ~C.i.P.cell 5enches i ~ ~ 1,500 ~ I,500 ~ 0.05 i ipreCaSt tee SYSte® i 1~E,•",00 ~ 18,000 i 4.5I i ~top;:ing slab { ~ 17,100 ~ 27,;,50 ~ i,516 ~ 52,176. 1.59 lcur5 b gutter & ~aiks ~ ~ ~ 44,001 ~ 40,000 ~ I.2Z (retaining nail at SCL'th ! 0 0 ~ 4 i 0 . 0.00 isee Cast in plate --------1 II 4•J Iltal Qii5iGl1 J 1 1 Jl,LY`J ! „41064 1 atila4b 1 44.;1?56 1 ,IL.JL 1 11444444444444444444444444444444444444444444444444444444444444444444444444iS444444444444444b444444444444444444444444444444444444! 11 04 ~ MASutiFY i i ilri„iJ ulC N3i.8 1 1 1 ! ~ 57,500 ; 52,000 ~ i.59 1^y~ 11 I~~.~r:e verse?- sGUth gall ~ ~ ~ ~ 5,401? ~ 5,400 ~ 0.15 ; .unit pa=fe-:,''iagstor:e ~ ~ ~ 0 ~ 0 ~ 0.04 i,~iC~ LAMD5CAPI'~6 . 1 , 1 1 1 04 ;iGtai Oi,isirl 4 ~ ~ 0 ~ 0 ~ 62,900 1 57,400. 1.75 44444444444444444444%444444444444444444444444444444444444444444444b4444%444444444444%44444444444444444444444444444%4444444444 1 1 1 1~ f 1 ! 05 !slEEL 1 1 1 1 I 1 1 11 1} i....; } , 1 ~ 1 1 n l 1 1 11 15t"1_~.ul1a ~ ~1':C 1 1 ~ib,t?.Ji 1 I 17,4~i11 1 53,4•;'! I.b3 1 1 11-'--1- I 1 1 I 1 1 1 05 ;Tot_1 ui~lsir 5 J4,177 . 0 . 17,41?0 i 5J,4a7 i I.~U i 444441.444449.4444.444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444%44444444444 11 ^ ~ 1 1 I I 1 1 1 11 V8 ~1't~l ~i;RY I 1 1 , 1 1 1 ~fra~ing ~ 147,000 ~ 212,000 ~ 8,000 ~ 367,000 ~ 11.14 ~tnlsses ~ aEi's ~ 28,534 ~ b, 500 ~ 2,500 ~ .37,534 ~ 1.14 .fasteners!'hangers ~ ~ 6,750 ~ ~ ~ 6,750 ~ 0.21 f • .exterior tri~isiding ~ 34,000 ~ 27,000 ~ 61,000 ~ 1.86 ii ~caoine:; ~ tG 5 i i 1 19 S44 i i 63 375 i 1 / p 43,tlr5 1 , 1.?3 1 11----' 1 l---~-~---'--------'~~1 1 1 11 1 '1 1~ 1 1 1 1 1 1 Ob 1TGta1 Dilrisien b ~ ~ 260,159 ~ 265,440 ~ 10,500 ~ 535,659. I6.as ~ ; 444444'.i444444444444444444444444i44444 5444444444444 4444444444444444444444444444444444444444%4444444444444444444444%! i i 07 i ~iQlyIJRE i RGI e;. 1Qy i i~ i i i i i i ii ida®CrGGfe,e'3Cratie decks i e i i 14,744 i 14,744 i 4.45 i ;caulking ~ 3,875 ~ 3,875 ~ 0.12 _a,: ~ 1 3,1?b0 ~ 3,060 ~ 0.0? rigid ~ IGUnd__~Gn 1 1 1 ~batt irsulaticn ~ ~ ~ ~ 14,868 ~ 14,868 ~ 0.45 ~ _ {fla=.hiflg 5,404 . 1,540 ~ ~ 6,500 ~ 0.20 ~ ; ~rGOf hatc~ ~ 488 ~ 150 ~ ~ 638. 0.42 ~ ; ~huilt up rGOfin4 ~ ~ ~ ~ 41,714 ~ 41,714.; 1.27 1 1 ' ' ' / 1 Il 1---- 1 1 ---1 1 I- , 1 1 07 ~Totai Di~iaion 7 ~ ~ 5,484 ~ 1,650 ~ 78,217 ~ 85,355 ~ 2.60 441r44444444444444444444444444444444444%44444444444444%44%44444444444444444444444444444444444444%%444444444444444 4444444 4s ; QcRS ~I~QO~s c : ; . RB"~ DA;~. 09-3e,~-93 Page ' DVC, :hC. Prajecj: VAiL ;'.LICE STAiIGN A4Qit'GN 6ar3ge 12,3: Guth ~rvntdge Rodd ~de:i Groner: TG~i~ GF VAIL GffiCe l~,.i~' lydill Ccl~,rsdv 235`'7 Architec-. RGT;i, SNE~P~R?, °A~siJA Re~odei 5,~1`~ Jt1''9!u',:V~~ 6~R Tetdi 6r!~ss Square cA,` :;2,8+?' --,r~l , 1: H~ ir,!_;:1:81~i G RE~ ~ S 9 lcq? 11 1 1 1 1 1 LA3'~ 1 CiI _ 1 1r~4~ 0: I I 1 1. 1 I;AI~:: i.lil. 1 : 1 1 Il.u.l 1 u~i 11 1 1 1 1 1 7 r~ 1 Tr7.~ 1 1 ^ 11 1 ~t:.vli~ilu}~ IQLiiiliii 1 AGfClliit 1 A9G1nt 1 C!l~2fRAl,i 1 IUIML 1 ~r 1 NGIC3 i;_i ~ 1 1 1 / t 1 I 1 I 1 1 t ;dll~in~m IY.:idCrYS dRJr~ ; ; ; ; 4i},105 ; 40,10;, ; 1.2'' ; ;H.". fr3des;'drs;~ecd drs ; ; 22,!700 ; 9,301; ; ; X1,300 ; 0,97 ; ; ; ;;1drdNdr°_ ; ; lb, Sbb ; 3,c00 ; ; 25, ~ bt1 ; 0.1'1 ; ;~gd':irlg;9irrors ; ; ; ; 1,38(1 ; 1,330 ; O.Ob ; - ;Ciiiii%~ s2Cur:i;f door ; ; ; ; 4,714 ; 4,714 ; x},14 ; ;(ill:'t ~"ydr3e 'JYJr ; ; ; ; Q,•}~1~ ; 3,~Qi) ; ~.2,4i ; 1 1 ___.1 1 1 1 -----f- ~ ---__r~_ 1 1 1 1 1 _ 1 i 1 _ 1 = 1 : 08 ;i+3t3I Oi•ri=_i~n 5 ; ; .8,555 ; 13,400 ; 54,~9~ ; 111,955 ; 3.41 ; ` t44h444t44h44h44h444444tt4444b444444444h4144th4444t4444thttttt4444ttt44tt44hb4ht4htth4444444444444444h444h444444h4444444i444444t 1 1 1 t 1 1 1 ;=:i.iCCu ; ; ; ; ,itS~Slj!i ; ,?i],.~l~1 ; 1,11 ; I1 ',1'" 1 1 1 1 ~c 1!~Q!1 ; 25,000 n.i: ; I I ~ I E~_~~ l ui.ui:: ~1 1 1 1 1 iGl'~~N}31i ; i ; ; tG,i1~?!~ ; /b,?Ol1 ; 2.i ; 11 ._Cu!.5~..~. Ceilin 1 t 1 1 .:.Ii~O! I L!!,11~1Q I !~.Si 1 ;firerrt7~~ 11~'?} fly}1r'=s ; ; ; ; ll,~,~~ti ; 11:!JO ; ~.U~ ; ;V1311 h ?ler file ; ; ; ; 1~,!~[}~) ; 1~314;~~~ ; O.~b ; 11 1 n 1 1 1 1 2 n~~ ; o.!a5 I I I~.d lrtl flGOrs 1 1 1 1 2,'ilii) 1 ~ t f" 11 INa.:i ~.llg 1 1 1~ 1 ~i;~ 1 ~I,QQ~ 1 ,ate 1 ;~din~ C,'G.SN3ikEi~dr~in~ ; ; ; ; bl~(~ ; b00 ; 0.02 ; 11 1^ ' 1 1 1 1 r 1 1 1 1.e3i iOn[fPT7 fiL'4 r5 1 1 1 1 .1` !4 1 4,t~~ \ 1 ~,:c t 11 1, 1 e 1 1 t 1 1 11 Iainyl flaar~.ngib3se 1 I 1 1 0 1 0 1 0.?~ :Ay Gk1PJER ;c3rp2} ~ ; ; ; 0 ; 0 ; 0.00 ;3Y G~t~ER ;c3r1e~ tiI? 3CI:e55 fir ; ; ; ; 4 ; /~/~/0~ ; /0.00 ;i±{ GWIdER 11 IT_n=t C~e3nl1L 1 "1 1 I 3,J:•Il 1 3,000 1 U.14 1 I I I t~ 1--~~- 1 1 1 1 1 1 11 1 i1:.=: ~i'r_s::l. 9 1 1 0 1 0 1 1 ~i,,b,. 1 b.', 1 4h4444tth4hh444ihh444h4441titt4t44444444t4t4444ht4htitt4ti4'h4444i4tt4444thtttttth4444444thttth Y4tttttt44444 4441444! I! j! ^^!A 1 1 1 1 1 1 1 11 a~ 1 5C_~:e!Li1tS s 1 1 1 1 1 1 ;5d~fi d[Less/Io[xers ; ; ; ; 15,:89 ; 15,589 ; 0.43 ; _.~f- 11 17__il.l:f tin35 t 1 1 1 1 5,7~~ 1 V.Ll 1 ;1 ;dCC_S`d floor 1 ; 1 ; 1i,~00 1 1~y~00 ; /O{.Jj ; 11 IY~JGr3Fle !idll 1 1 I 1 /,b/~ 1 7,5/3 ! Q.LJ 1 11 1~- ne ~'ALL3ah8 ; ; 5 goo ; 5 ants ; n.15 ;ALLGRAi4cE ~ 11 1_ign3, dti~NdnC_ 1 f ! ' 11 Ij; a.pwr;n ~ 1 1 1 500 ' 500 ; 4.02 ; 11 llaf_ ~_:ag1i5(ier~ 1 1 1 1 1 d 2 100 54 0.09 1 ;41ir2 fence ~ i~peun ; ; , ; 9 ; ; Jy0b0 ; ' 11----'----------------------='- ,1 1 1 1 1 1 1 1 10 ;iatdl Oivisi~n 10 ; ; 2,100 ; 950 ; 47,b97 ; 50,751 ; 1.55 ; t4h444h44444tth4444444444ttt4?44444 1 4444444444th h444t44444t4t44t4444tttt4444tt44tt4t1tY?tttt 44t4ttt444tttt4 . r RUN DA E: 09-SeP-°•~ PagF e u:C, INC. Project: VAi~ PQLICE STATION ADDITIGN Garage 1Z,9i 100% Saut`: Frontage Road Nest Owner: TDa?: QF VAiI Office 13,9 Vail, Cola}rack 8i~`1 Archi±ect; RQT4, SNEPP:.RD, PASQUA Resadel 6,44 . ~?--Y~ ~-311a~ 8NP Total Gross Squar? Eeet 3,54 ATTAC4": - °'G REVISED aE 'EaBE^ 1993 ~ ~ flATERiAL ~ LAEQR ~ SU5- ~ ~CQST PER+ 1 1 1 ^ 'J! 1 1 J•• •j 1 1 1 5 T 1 . 1 1 ,1 1 ut;;CR:I ~IQ~a IQi~I'11,~.i1 1 AAO~nt I A®ount 1 I.QNTR~CI 1 TQT„L 1 SE 1 NGTES 1 1 1 1 1 / 1 1 • 1 1 1 1 1 1 11 ^ . 11 11 1 EsU~P'1E~iT 1 1 , , 1 i , 1 11 .Total Division I1 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ 0.40 yyyyyyyyy yggyyybb yyybbybyyggqbqyqqqyybgqyqqqggq4q44bq4qAMrqqq44q44q'F4444 qb 9rygbbg4 b4~M41 gggqqq44qqby44411hyqbhbbY!•. i? ifURP1ISHIN65 ' 1 1 1 1 t 1 1 rte- - I--- 3 1~ 1Tota1 Division i2 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ 0.00 yq yy4y4yyb yh4yy4yyb4yb44yb ygyg44yyyq4 yyg4gbq44yyyqy ~ggq444qy444qqyyyqyqb44qqyy gy4gqqhyyyyybqybyyqqyyyy yyy 11 1J ICriVin~ vuN::I fil;~.l 1 1 I 1 1 ! 1 II i~~ 1 1-~~~~~~~ 1 1 ! 1 13 !Total Division 13 4 ~ 4 f 4 : 0 ~ 0.00 yybby gybbyT4bb!~ybyyy yq yyyyggq'frbbyb44b44y4b4yyybb449r9rbbb1~4'IMry441414 Yrh~ablrb bbtiq~4•.bbM1b4ybbbgbbbyy4hh14gg4y14~f 4byb yUbbH yM1b'1rb4'+ 1~ iC=!NVE~lN6 S'I~TEi1S 1 ! 1 1' 1 ng.. ay~_. 1 ! 1 1 4.;1.10 1 ~e,i04 1 0.5. ;uQ4cx ELEVATQR 11 1 11--- 1 1 1 ! 1 ~ 1 1 1$ ~Tltal Division 14 ~ ~ 4 ~ 0 ~ ~b,40 ~ ~b,i04 ~ 4.51 yyybbbbbbbyybbbb4444ybyybbyy444ybyyybyybyyybyy44yyybyy yyyyyy44y4ygygbbbbbyyb444yyyyyqybbyy 4yyy yyybyyyyyyyyyyyyyy4yy by yyyybb• 15 ~ RECRA";ICAI ii iF1rE Prot?ct~en S~Ste~ i i i i L,t?04 i 23,44!? i 4.i4 i 11 1 ,r.. pi r: /1 ILlf.,r Apr a ~ ~ ~ { 404,`?~) ~ 409,500 ! 1..45 ~L'~?#SEQRD II 1 15 ;Total Division 15 ~ ~ 8 ~ 0 ~ 4;ii,5t?0 ~ 4.2,500 ~ 13.19 yyb4 yby4~.bb44b4ybybbyybyy4b4ytry yyy4444yyybgygbbyybyyqyyyyyyyyy4yyybbbybyqyqyyyyyyyyyybyy g44gyyy4q44y4qyyqy4qyyyyy 4yyybbyg4 I I ~ I ^ ! 1 1 1 1 1 1 1 I! 117 1 E~:CTRICA_ 1 1 1 1 1 1 1 ;electriLal & fire alara ~ ~ 19x,440 ~ 194,000 ~ 5.91 ~hU!?T EiECTRIC...ne UPS SY5TEi1 11 1-^ ~+r 1 1 1 0 ' 0 ~ 0.00 BRUT INCLUDED 11 1_u~6lin.~_a ~.un5 s~i___hOr•erl 1 1 1 1 ii iCu~~UnlCdLi0n5/52C!lrit'/ . . . . 4 . 0 . 4.44 iNDI INCLUDED ii----~--__----- ~ 16 Natal Division 16 ~ 0 ~ 0 ~ 194,044 ~ X94,400 ; 5.91 yyy44gr44 ybbybbbybbbbyyMbyyyygygqyy444yqyq444yyby44q44qqqqyqyqyqb4 y444bgbbgqbqqyyyyyqyqq444qM 4ggqq ggyqqyqM'Mqyyyyqyq4- I7 ~ fE:., & PERHiTS 1 1 1 1 1 1 1 ~ 1 1 1 1 !f 1 11 15u~lding Peroits ~ ~ ~ ~ ~ 4 ~ 4.00 .5Y T.Q.V. ii i~ldrr5 Ri:k insur i i i i i 4 i 4.44 i&i T.Q.V. ;Tai Ee~=_ 1 1 1 1 1 0. 0.44 .5T T.Q;V. r 1 1 1 1 1 11 ' 1 --1 1 1 11- I 1 1- , -1 1- "1-- , 1'• it~Cai Division Ii ~ ~ 0 ~ 4 0 ~ 0 ' 0,40 1 I gyyyy4 gyy4bybyygyyyybyyby44qyby444yyy yyyybgygqqqqqqbMkybybyMb44qqqqbbqqbqq44y44qbqq4 q4 gyg44 ?ggqqb9rqb449 yygb ggqqq•' SUBTQTaL DIRECT GQSTS ~ ~b9,327 ~ 563,50 ~1,5b9,bb5 ~ 2,591,335 ~ 85.x;, 11 t / 1 I , 1 1 11 n II 1 t QVEYrErD AND PROFIT 4.5% ~ ~ ~ ~ 134,384 ~ 3.97 ~ i 1 C~~;l E~,iiHTE •y1 1 1 1 1 ~,4L~,715 1 9L.N1 i i - . Attachment "H" ~ , CONTRACTOR'S INSURANCE The Contractor shall obtain and maintain throughout the life of the project, the following insurance: Workman's Compensation A. State Statutory Comprehensive General Liability (Including Premises-Operation; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage): A. Bodily Injury: $1,000,000 Each Occurrence $1,000,000-Aggregate B, Property Damage: $1,000,000 Each Occurrence $1,000,000 Aggregate C. Property Damage Liability Insurance shall include coverage for the following hazards: C (Collapse) D. Contractual Liability (Hold Harmless Coverage):. 1. Bodily Injury: $1,000,000 Each Occurrence. 2. Property Damage $1,000,000 Each Occurrence; $1,000,000 Aggregate Umbrella Excess Liability: $1,000,000 over Primary Insurance Automobile Liability (Owned, Non-Owned, Hired): A. Bodily Injury: $500,000 Each Person $500,000 Each Accident B. Property Damage: $500,000 Each Occurrence C. Umbrella Excess Liability and Property Damage: $1,000,000 Certificates of Insurance shall include the statement thai;.the hold harmless clause. 9 ~ t s ! ~ ° i _Q t, Q 1~t 1 m s~ o _ 1 ~ ~ j ~ > ~ 1 ' , ~ /~Y r rl~ //I 1 ~ ~ - ,x - _ ; _ - _ - _ - i 4 ~ is _ a ~ _ i~ o ~t ~ s! 1+. ~ s, ~ _ ~ _ ~ O i 1St _ S s Y 1~' ~ / ~ r M ' , s~ E ~ __~~i fem.. 1! 1 ~ - ~ . ' ~ , °°YY " i ~ ' y• ~ El- Y+ ~ ~ _ Q~ - ~ - - , v l t ~ ' } 1 10 ~ s l i l~, S' ~ ~ f ~ 1~ ,I r r- ; ! i a i ~ - - " A ' i Q "~l s~ i O i ' ~ ~6 _ j'1 i~as~if.~ 77 _ ~ ~ a i t - P -1C - ~ - _ rj ~ - 0 0 ® ~ 1 ' , .e U o ~ ~ ~ 7 m ~ O i ® i_"' { m ~ ~ v t ~ _ ~ f ~ ~ _ . m t ~ _ - ° ~ ~ - e a ' - _ o ~ ~ ~ p i s I I - _ 1 ~ e ' A~ s~ .W_. . _ . ' / ~ ' ~ / ~ ¢ - ~'jG~ r ~ ~ ~ -~~~~~~.:C ~r.~ - i E: . S ~ ~ - i ~ 5 ' . ~ N i R i ~ ~ ~ -mac. , - j, ~ ~ { ; L,~~~ w . s w i~ • ~ i. s# f ~ ? FM ~ r I ~ a , o _ ~ _ o _ _ . _ ~ _ _ . ~ i= a o ~ s y ~ ~ _ _ L ~ ~ c~ d ~ _ ~i f ~ ~~t~ } _ a 1. - - - m ° c~ 't ~ ~ - 'i ~ _ ~ ~ e ~ - ~ - I~ p I ~ ~ O qi 1 ~ f 1 M ~ _ - f` ~j 1 ? ~ ~ ~3 l i~ ~j i ! a64~ a J'Ive. y,~3 i i 303 ~9-37b~ i' 'r= 4~ r 1~ ii 1 - / x C : ~u,ec.~. ° ICMA S 79 ANNUAL R~~E~ ®°~r SAP 1 3 1 C® FEREN~E September 19-22,1993 Nashville/Davidson County August 21, 1993 Tennessee To ~+Ihom it May Concern: As you requested, enclosed is a copy of a "letter to ehe editor" by ICMA Executive Director Bill Hansell and an article written by Terrell Blodgett, Mike Hogg Professor in Urban Management at the LBJ School of Public Affairs. Both pieces were submitted in response to the July 1993 Governing magazine article by Rob Gurwitt entitled "The .Lure of the Strong Mayor." Mr. Blodgett's 12-page article is scheduled to appear in the October 1993 issue of Governing. To provide a context for these materials, we have included a copy of Mr. Gurwitt's original article. Also enclosed is a copy of an editorial submitted to National Public Radio (NPR) in response to their July 28 interview with Mr. Gurwitt. The response was read on NPR's "Mail Box" program on August 5. Thank you for your interest in ICMA's response to these attacks on the council-manager form. Vile hope you f nd the enclosed information useful in advocating the form in your community. Sincerely, ~ ~ Monica Bowman Public Relations Assistant International City/County Management Association Enclosures International Cirv/Counn~ Management Association a Ti7 N. Capitol St., NE Suite 500 ~~ashington, DC 20002-4201 202/289-4262 Fax: 202/962.3500 IC1V1~ ~ P_TTACHMENT C ' .I - - - i - - i ; e j onte~r,e dttrimg the ae>rt head of ~ ~ with priest: has Ci~rta~ haa~ 1~ ~ r~ t~ ~ a tip roatiady rlalaed ~ rho best-~, char~cx that DzOas wiII do is the miaersJy ,ling o the tanthie~lcable: discard its triple-A bond eating and netting a ~11'11111~ its city eaanager loran of national :..,...ode Sor the busia~sslilce goveenment. For the field of local way it has „ s:,~ its affadzs. ' t~';vcsgi®~ adssami.a+;:~.,., that would be a bit liloa So why, all of a sudden, ig ~ ~ ~ l~ngland deeding m sasp P~rlia of ci>ange? For es~dy the aeisou you'd And it would be ~~iag seat: a sign politia. i lPl'f81><i~t~l°~ that ~ ago of ...,...~,.:r,.1 tW SO[it1. 85 it l~~lif bi5 C~~ 8i1d1CY~y S>1~ Et bas bom p.e...:..,.,1 is A...~..:,.,_ for the first r t,j the oty ~ plea as pare of this «9aay, is w.W.,.,g ~ %931. For yews. the ~ was essentially I ~ as end. For Dallas as aea esableaea of run by its busisaess community. the sow. polltid 1~~3_..~fp drawn aodta:fvely For yews--oma1 Sea Diems ~..~,.1 it fivffi tia® r.....~.arous .vlziEe :.:;,~.bor- ~fP.il~ ]n saw-Dallas was the Z..,,~...: dey in hoods Of aoa~th Dalha: loo aaanager the ~uotly with a socalled .:k - t~~ 1~ SD4'eA Of ®Ot w....,. r..w i31 Whids . sa elected council seta broad policy . 1. , . - gtridelinen but as .~~,..:..ted saas>:t~er ~ ~ actually nms the dtY da~to~day. l±os decades, Dallis bas be®a thumb in the e~ to . wim mob:-~-1 f T1111 that ~e ,.~.,e..~~. sy rrrigbt be Boe far saseda»»~d, ~ bat that - lar~e.,.;;:„-J, mood the firm . ~ l1llOfil~!"T1tt~ vvht~th~ir Ills tll>l1@ ~111t SOf>Bie ~AQlItJ~ I~~QC Quo ~6 G1UR'VY~.~...~. ' ~ ~ day flt<H9 800® l%'Y03~OId 30 X.L%0 B~L~ 9~R 9n~,~ ao:esY~ oR~~n,.n was esseatiaQy the itsstraaneat of chat ~.L... t:vubles, there is a growing fry- I d`..~ of t}ie moment are cot Soar less 1:...:.,:.,'..ig. lug that Dallas is adrif} withoart ststimg . ~,~tics--~tbey are Soar rnaa These days, thou, powax has spIia- 1,... ?~....;-;Y. "The era of municipal reform is ter+md. Macy of the dty's tcp business So the csty's ball institlttloa of ~.arly over,' public zdministratioa _~__~tives now work for out-of-oowa goR . is getting bit {:,ore scl>o~r George F'._.3..,:d~o~e ~:G..~ is a r•....~,.~ or leave rna~+ed theas>ae3ves all .sides: from basinps leaders who _ ~ oa the subject. The battle to the suburbs; meanwhile, the city's moaun the loss of the old Chaarbes-of- vvPr reform. be ~r..:.:h. out, w~a foa~tt Hsspanic and ASirda-Aarericsia rnm- G... _ aonsassus, and from newly on sorb issues as eflu.~._ mIInitles are ~.:~.::..d, b into their ela~bed black and Hispanic pohtieiaas and .''~.s _._~.t;. Today,"yFr~ed- owe at City Hall and are fiadmg they who think d~eir coostatneats are not e:rickson argues, "issuers of political don't always like the esmbhsbed ways getting movglz a+....~; , . 'Ibe result is ...x .mess sre as important as e~- of conducting busiaeass. The preseart that there is public relic of jual~g the ~Y and ~ , mayor-who is e!_~.;: st-Ia~e but has who}e sy~W,...-gnioe poasiblr is fsvot Thee ~ 1, eves in mraa}bomo- little administrative authority--has of astraag~rtayorpLm b:.._..., ~.u...~...mities the d,.;~~.~.b to hem vaabk to devebp a steady.wric "I1me are _ who are b~ryr..sag power-neighborhaods. minority ir18 rl~atiansltip with aathes t?ee cdamnl to .,.r:. • that the tl~ problem is y.. ,r.:.y as..,~.:~...s--are ~l- or t3ie As the entire Dallas is ao longer haw to do those tilalyivg. Ii is nv krnger just 4lte tT~ pity stsnggles bo deal with a 1:...w:..g things ores which the dry ldde:ship has gos and New Yorla of the ~ that eoosaoray and a rising fade of ttse ttswl a ooass.._.,...., but ias0ead i; to Sgure out must 5or®e .,.,..sus from a.....phorry what to do is the first place," says of vaAOes before they eau move &r[wsa+d; Royce Fiaasaa, dean of the Scholl of that is raw the talc for Dallas cad a host Social Scieaaes at the University of of ' titles that used m pride tbraro- < < Tess at I}adas. selves oo being far lass carnpiieaited. It may be that is fhe emd, Dallas will So it shoarldn't be .,;...hrg that some ~ opt do keep its st:uetwre intact. If at communities are looking to reshape does. ttsough, it wiA be {ar ~ ~ . ~ hoa? they are goy _ 1, and is ~ dif~_. _..t from the gOOd-~.. ~ w~~.tllt lac ~+C CDdSf~Q~ag ~ ~ b tbE , seatimmte that have main- of the mayor. It m:y not be pn~ible m . - rained the city arar~ager system ell cord paNerty, ,house the ,.mss. dts- • ~ t]reae year:. For what the city's bead gangs, ~ ..a:..g ...,...ts, . ; ~ ti situation malo~ dear is that the' fiud the money to rervive a tirather= • ~ - ing ,nary or put aa~ead W ~ civic sa7uabblaag. But one t _..1 dca:~y rsn do is r+dashiosr f-;.~ local government with the ..:a hope that someone--a - mayor, an el~-:~1 r county exexa- tivesPaorne- • t r i ~ .t ~ y - Gvi ~ ~ • ~Yitrlara ~ ~ t~OVBt'tNINCi J~rtr 1993 37 'r~~ ~ S'I03ii0N 30 3.LI0 291.9 fb9 ZObd;< a?:9T QR/?rt/r, 11 ~~C00~ t .'f`~,Y ~ t. l~ - i• o asseanble the pola~eeli sancta:- As a public policy ides and as a are e1:..Y,::,I at Lssge; the eesayop menu ity m ~...~.rle better t~~ those pevb- national eeavr~enetat. the dry aaaaase~r &vm the: courxsl. and is litde .y..r... than ~ syste:a probably the peak of a :flag o~aer and :.I ptes° iNhich is why Dallas isn't alone flat ie$ popularity by the 1950s. But cities epos: The.~y...~~ors ofgo~ .,~,,.~~u,_~sare eoesaideriag change1~. Dade Cotanty, continued to switch to it long after the responsibility of the appointed ti F7o..o~.14 :,e.Wde..dCs A~iaasi seed bas that It wai Deafly is 1886 that the Inter- ~ j; g g>opuLatioa of .Y-..~,. than 2 asillaaoa is natio:aal City/County Managcmetat In ~ after city, the a>esde of tlaos8 ll L..;a.:..~ a sew .~,..~.J of a Associration, in its quinquennial reforms was a gas.:.......a.t devoid of ~.I: ~Y.,w.e d,:~,..,,1 - eve. On the oel~ °Foraas of Adunicipal Govesaaenent° the r..:.,....~..-mon,~..~~g and po(itic~l sad+a of the same stare, St. Pete~bvrg survey, found for the firse time that se]fieluaas that had a!$iciaed .,:::,.,v vY~ bas just d_,:3,~1 to jettison ~ years of manager .tom .:~.._eat bad passed the s.. mayors: it was als0. .'1,~. ~ . , a i ~ ~e:.eH....:eut m of a strong mayor ~ea in popularity, !told- city government u t.„.;.. 1...%° ,.-n. ~ ~~..Yrg rnayor(.' And ae the ~hl~ wbeee tA~,g_`sway in 3,3 p.~~:{.,~..~:..ce of the cities eelati-vid_y iasulat+ed bum the d..,~.,..~,: °e1.1Jd N. ~~di.asri:ee~~ LS Con- tld~ e~Yp....ded. [Q6i d~g{jre dJ V{+~d ~ ~'~7r ~ .,~•16.i. yl p~ :~1~. ~J as touch a birthaight a$ unlim- to .51 g:.Y..~..t in 1891, although the all drawn from the (~a:abe al' Coas- itied....,:.w to water: S...i-~---~ ~ ®a- slight shin may have been due m nteroe and from a single trr~.:-crtast gerly !oolong at change. A good SO ~ ~ the sample, ffzat to part of tow=t. Thosee are di$><.ia$ feaea+es y, e~ ~ ai}er IDayoan, Oheo, 1.w.a~Y.~2 the m®ts of the plaza. to just<fy m as ~ ~ ~ h.r... ,..,a..bor}toods first major A.~..:~:..~.. city bput a mane- and ewer the yeaa$. the valaes shat are trying eo eossat 4 _,,...dvrs in ~ ~ a~ sS ~.,.e» is pL,o~ tine argument av~ ~ e.S,e... movaeneat advaaced have councils of a. ~ ~ _u and Iiisps~nia and which form of government its best a perreaeueeat part ~ the ~ Afi.~.:~:.~W~, arse taking a me .Y:.,.:,, m heat tap a~iea. ig* 'Ihe 1981 ICARA survey, in ~ the table. ~ found that the arose likely strut- A~ so the aseeeaas+er :r;1„,~„_ has itxJf o ruses esteae; of course, it tnaai change bang made by c7ties® adjusted F.flher by vote of tfee :.rSe etever dial .5....... Ever sip tlae even chase with s:.....~, mayors and par- or by judicial fiat', city _.........1s have c~ru- u,..~~~.~~,,~.~a_.t got e+oIIiag lel tisan pOlltl~-wa3 the idditiOII of ~ bG~n° ~~.e,.ri.~..L.b iII SiaE the 'teens and '20s, cities have been chief adaaiffautsative ....W..a.e, a peOfes- irtg at-Loge eiectens Sor distzici e~ turning m maatager ge7s..,.d~t in sea sioesal ....:..toe who could .~.......lieuete tioras; only one-chard of the :.,.....,,:1s is elioet to L ~ . bu.~:~.,~ ~ the reaaning of the sty. Indeed, stare titles shows 100.000 ar+e esvw el ~ J b rid aI'~.,e...~..:..Y~. than one-third of the strong-mayor at-large. Jest ss impordwE, a full 6I ' The b.ew.g-mayog ~j..+,:...-a taSU~411y (StaGS h~~e hated an a....e. ~ s.._......:. Gf the mana~r'tat~......~..~+ a4t~9 a..r..~a.~~1 by : w~- ~,„„„.m:... in rL:.....d-mayor dty as have d:.~ ~,.1y elected taayots, a shff~ designed to give the s) ~ a b. ~ . ~ ~-fllia ~~~~sfila tIS>l~Alh/ •..~-,W~ ~poL•tiat a+ooountiabaltty and . leadership. These m. ,~iU lack adnait+b etob~"=~t~,b~,~lnanager ~ mpari°te~ a ~r~san• walf~~ w,ei~,~ ~ wiEld ~-,~,;,t tt,ey ao ~~9 rose the - °nief r~efiorn~ see~e as; afpollttoad tabil- ity to the qty at )pa~o. °I1a~ ° aottrnil- plan has be®y~.°,1.y~ g wasteful. att~ t~ . -tetadl6ed. sod shat less sands ie moans susceptible ~ abuses. , .,~„i,J~- . _ -s+o~rt. a it~it w{!h¢{th(e faFB, X34 ~e~ by t~ ~ eofua®a o~re..r:d.. a.c. Sc 8 raRl~ eua:... W~ t ~ df slash's 6~. ~ ~ $u.~~i.w. aS V19aSt~l and tdDO th8 OBeI i~fL° him ~ h~ ~y ~rsL,,yu..~...1 the! s St Oat fOe the sus...:a.,:ble m pat>rooage abuses. T'he at will rfet ~4;..Jesa the dear Y.Y~.,1 is council-maaa~ plaa°s sbility on main s(t~~...,~;.: , es~g at that tam--- for Mies aithaut man., oo aan gor : _.....e snore politically sensitive. it ,y.,,W e~.,v,+,~:e#pn ~ flea which a ;o..Ya.~ of the .,w:„W.,liuu that cstiea migbx hsve hem abandoned m ,y~ small roaster of using she manager ayseeas Issue m~..~ ~ bob as and as the beads of - Bsettltm+sataatl>t>st ~ . ...,~t..~.~~:~~ ~ .7 ,1 a sub at the s _ 0 dty ~~Y_,.,W.ta~.~:~..~:.,~~~ time, tlaoagh, ~.,,.,..r,;;:Y, .e~f,..M.issn, as some ostlooioess hive ' ' sew It di~usad 1;~ .,~1,:,~. sad oE~n .~.,.~;~mt has Leif bean Wig. Ina dubbed the is sam ly not r~~~ ~•-~-.e•~-:~.-1,, it is di~cult these days eo $nd- enougle. 'I'ahe, as era -essmple, St. The idea of a pev,~.wu~ . ~~.,~1, ncn pLiaas that stlfi adhere t4~.tehe .p~~. r..s Pte, a asmaga}~dty tbst ~lyo~n?~g qty P, lam- ffr~t.Yees ils Lwe.V.L.+~ 6aio lard otseby R' ~ - 'J ~ ~ ~ ~7 ~^'a° meat while even polities, neatly Childs, ebe ,y~~..,_..Ity . T~~ci4,;.:, sl'..r~..; eostacal ejeetioes aed a di. ~ ~ the taste of e,~,, fag ff~ 6~~,~~,.~ oft6® ofty moaa~er . ffi slatted, Jt~aoasla ad'a3sfnistastively j -W.~:31tiSg ktad ~e~w;aa:3 m n c~..e..:r~1 dty should lairs a saoaII (gma -weak a:lsYor, Thu ttptrfa~ St. Peters- I C~.:,:,,,~,,,.1 bests. ezagy flva.aeat) oo~iil wbase . a~. , 1, btaeg desidod to Bo ~ , m-it . - - - -----a-------_-------- ' - - ----o ~ eeS~~d$ Pew ~9 D00~ ~O.~tDYO.RT ~0 %YY:J r'9i.g y~o,oo ~c.a. ~o~a-~'"1°n"- , 1~ ~ , - { a. ~'`i r., ' >a '>ra~ av~~ t'.r:. 'r k ":J:.: x~ - ~ ~a6 - , ~ ~ biaaa~er w ._euc has ct+anped tad bent w•itb the times. aad it has r, , ~ s caoars . eca+ive. sa7s P.. , r . . , tom.. : FecderieJswa. t3art ha: it el~agasd tom! threw rnit cih• mana~ anvcrnmeat tinfi aaa:»•or. f},nid Fischer. - .r~ , L_.r :..g Itis 1 ~iy ~doa~ged~ea•. 71te mntrasi hetN•een tl+c• hcv aancfi-wcalc~laaaclCkra}p fo+uaci }::a...,.]~'vsith txw Un the nurfact•. the t'Ih• r deCisi<m cl;?trs ..:tx staii>7n~, Fisc~aer, to Inrn~thitt.• ixnwtrr. trr ;0 tau .Q .n.p na:avOr s: ~ 1 mobtly eneisultutet nn mu ~ nI fiautrtcY with :nt i;vt,•n to :tn dc~on,so Brtnly ~ t., hr shout rx•r:nnalttirs. TIir t:ih• intellectual, somcvrhat rt-Wrote s~•Ir., in tl+ee (xalitics nl'the +tu~na+ent, t}ioa:g~ nuin.4eer xyscr•m h:,cl !>rmcne au ifica,te ~ thr bulk uf' his s+rytlx+K hunt tiat• tlar qty's :if sc+clcunnent r>f dtn j :sf3er en ru;tinr ntnrwt~r fired i'nlice city's hl:ui; ar+d aRluettt whirr tvnmru- eys;tsn la:tci itoc ari~tt in u fiu ataerthasiC Chief ~rr+eat GartsinRcr. whom rr+:ua~• nitua: C.urbin~r, a sma+c+th ixtliticw;ut ~ c3uratiun titan crhe#1naP_ Etsuft nl:t~ ~,~?,acrrct rsciaHy icuensitivr with n jx~ulist itrnt, trxrk tlur white Ctartsintter xlwplcl run lhc•~eity oP tit but whn wax c~torntaraxfy Ixrixttar with ntatCllc• eL•us. Tn a r~-mavl:~ftlr ckt~ce. Over tiu• ~?ut cic~de asd;ttKSre,-t9~ mxmr white retires. Cutth++irrs fir- vs>Den~ ctpirtiartts on lla• clrtrtcr rh:+a+gr tity'x {eai'ii•rs ha~•r {>rrn-trying m r y , rxtt:aliilyd daeir opinicmx r,F tl+c ca+tcii- rrx}ptlte St, Pb~t @tF t ,..1..:SOp lkt i ' ink kd u ni t of cttrtr.+~rcl s~......:~... i ro ~slr frtr clt:tn;ink tltr cih•'s coon- c3:rtex:111x.•rr C:r, -;:.,~er~ve strrnm, w cki.+mtmm and ch:uic~c 1~ hns®e as a ~ cil-ntatrutt;rr Clt:rrtrr to rrt.~r a strrut~ ~v:u th~• pn>Txa:t;+l Gtr a stn»+L ntuytx•: ~8!' h:+.~t+ f~• zcatiat~iQl:eesgr. A~+1e•a ~ j ttta~rr rfrUrhtn•: tl~t pnyr~si +Kxmci wltcrc Fixchcr dn-v~r a++pp~xt. ur ciic{ ,rrajsr ckrwnbcsan+ reiicwwlt>ipmwe ~j-. E 1 uP ~ thr ~+l,rreh rl~•etrin+ taullat, ulcut~; c>rp~ittan M clauttr dwnft•. ~x1 ~tl cxt w,cr n~tctntl .vtc~ a s~ado or ` N'tth thu rt,•raal:+rly .rlkcin{c•c) c•Ictitirm :ui ~ttW thinpt liiigt+lns aaestiax+ cloy^. acr aspr, dar tftt• ermeneila~ira?t tl;,:. ,~~1, ~~~t-- for mnynr~•-wi+irh. cwt cc>iiK•ick~uully. Th+• charter c•hun~e r~u..~rd wttitc• ai+~>sx+tt el'dnr tih• ttrrrurW~ o~rd feature~ci Muth Curtsin~n•r :anti tltc• sit- Curt:rintarr. ktxt..mtcl ~dK•r. rr{xt It;tcl irf for dmynan_~+m buaiai~•ss ~tablisln- ` n7hi..or.t y (:OVMtt~1~(: J++ty t993 39 z~LR pba 20b,-. Tr'QT ~a/bpl~.!y r` g'1031'ION 30 rLLIO S00 ~ ! . _ ni ul ` I I _ _ _ - - - - _ ? eases-wane ehead oa its own tied tigers. "Wa cala't prioritaze oa If all flee cry's politiciasas [ ~1 puahod th~ougb b~ s new o~arhehaa! cornaaanity aeeds.° says one of the roles unrier the v~:.,;.._ sy~~.. tiu de?~..,,,r,.+:~.: and mnsSraactioca of a new city'sLD~e~}A,fr~irr~a-Mne+eyicaa couastii soniag~yS~/o~e~s. the city will get bac basebaIi Staf~aUi~l. ALL88 au ua: m~..klkdl:~ meaabErs~ 4/W?t FIECkS. d~P. .~d~..Y. ~S ~ YY(~C~~...r.i~t~a~/~.~Y:is~t~C ~ bualt m~ iraptst faoaet tlae just n~ot.l,,:.l~, ~ %'..,y" manager needs to esereise gpc ae~~,~~ But atl>a bladra tied F~~,k.:.:.:1, sad demand for policy ' ' do c That araigtat h~ bs~a aA >?sght f h'baal rvl~dEes who tiro allied with theca, oat of cotaaciI, and te:s day°eo ~y's .I..~~,~ felt had believe ~ y..:.:L~ : l~ ~ dG'~ ~,a that tt aai.~~...aaa~ag, ~ 1~ Bum they gDt- ° ten something in reenrn, but they world be 5oolah b the sy fraasaer oouneil ,I.::.,.her gad one- I~mg~' a'b i~~/py 'Iy~ is ~Ce. stll1, jus~t~~as~gthe y..ll~,.,~.1 begin t~o/as msryor{i~I r,~didaEe.~"~Aja~d~gtlae~a~o.1: 253E .uµ V~V?LtaMA. YV E~ MAW YP~YCW~+ pV NiN~ ~~,,,1yt. ~.°r"`nt WT W W SW~G~066 •W~ tlOYiS. tbC Aet~barho0d8 had ~u.ar strose of those a~ {WI~+Y m males City estsbl3shasg pOLLy.®~ ibe L.a~„y,Wi gin u..~ plt>ral~ the talk of & , y w, and >r arga?:;, the aD th~r tag doIIars bay moviag to a stroag mayor kaaics a Iot Stev~s Bartlett. bas bees tr ~a@ d.l'lll',.Il.~.~na to tbts ar....:~w~.w. yew- lilOC a ploy by the OId Guard bo shaft hIm a ~ taiyOr [l W~.°tl~ the ~ )se iE a Oofy VYlbak Gu1'8. O ~J • that dares ' 9' ' . • the maaa~s and the o that ~tat~"id~° et i~ m {"Slf'P as help but ~soe b If Dal~~ da~..'.,:.~ ~ Qf11~ ~tilCf1 ®d1 ~1e ®ffE PG~~ IC~e'C~f~~:~,'' 1 witty its ao~...,.i1- tea, the Af ~f'1f1 . stir: wall be as tr»ac~ as eSart to saafetn ~O ~ politipJ diversity as it iss ~ ea ~ g13~ ~ -itr,r` admmi ~:,.l~Z:.t ~ ~ ~ ® • is vnhd}aer the cart of dc:.:~,,.., wiII duet the leades~tp dx . _ ~a. L~`~ the tag ram ham goat up r~'~• ~ away froara the a~wIa diverse That is L 'rte, e.::F.x..~. O~ ~ ~ the gi...~w..17 and oamdL L.ipsmmb pub ~ ,av.i ::y ~ ~raao,lc. ea.~...,,:, ttzs bet~ra reaII..,i fdt7Q1 "Ydow tbaL minontiC3 era finally at , : beads ttaeeC are ou ~ tdI),eY, . vi+oe arms m gay tip debt." says Darsyt the table, and we have all s ~ ~ i y, 3 it is to staa3 Dive~ey pLc Peaaboai, s gcaiitiszl at the Uai- areal of the .,...,...1.J,° huge butdea r' eler qty of South P'loa~idaa. °So there"s orb Lexi Pte, a w~tnte y ~...~l mepa- m r k.:._ the task of L g per great dissatisfaceioa, particularly her from south Dallas. "why v.onld .-~,.,.b~. the mryor. But ~ a ma~~ i beoa~e thetr w~ root aid ~ pub- these be a :..~~~...W treat woe s, , run sty, the mayac lms very t ~ ~Y rW ka or ~e these power ~ tfae .,..,....:1 m the he can ass to aooampiisb that flask. i ~ ptvjecb should go ahesd° The aeigb- In this cry, voting ,:..gih is still in 7be bast that scacl~ a ~ oaa Iw~.l.ra.LS' va7te ~ n 185. north DafIas, with Angl0 vo0ers. SO for' iS that tits mayolr will prvevC adep ~ a tesnit; arot oaaly a v~nEe against pat~ some time I vuarald r :1:ct our mayors what same Iiiae to~all °lga. ' tirs>~ old brat n ~~::~:.~:.st the will be cl::a,;.~ by the aaortheaa and five" slddlt. jsmes Sva~, who teac ~ why ol'a , ~ s tlaet ,~taglo side of csty. It is s>~~~-~ that political s.~:..~ a! Noetb C«~+.'.::,1~ S s.~~...a::1 so uraacoouat~Ie to r- there would be in:~~.~~_.,:: is Urai~ ar(,naec that the rr, ~:.,ll: ~ .I ~ ~ ~ fA a msyor s r.::~;:.~.° ~ civic divet~ty ~1, ba ~ The a~tmaeat thst the c9ty the such people. `The hetheg thee saaae suer ~ G.,; 1. ~ _~:~h~ of a y;...:.~ raayoe Svara ~,,.I... ~,dy, "leads ~ Cosy aaL:.~~:-1~,.,iy pro- drawl little froua thu .,.:..y. eritag ottacas-}ire pe~asZar t~ ducos n siaailar result is °We've just into the loop," says sad the . ~,,,I_,-rather eL s~ Dales very trzettcla ~ doubt It AI lir.,-...~. who as d . ar ,l. l , ~I ~ ffi p ~ ..I: for bisasalf as herself" ~ . ~ only in the last ,,..,.~-:c af', the csty's 1..;~ .:,t-r:afcag biadc offioal. view, the mayor is a kaod of infix. tlae i96a c-a~.1~;.~1 swioch &ota Sa °Aae yon raying that self~.:~..:,,...;.;,.,jon broker. proa~aodng commaaaar~t at-large ooaamcsl to l4 .::...:.hers a~~ is cumbersome compared with one ~ pdilias~ tied trykaS ~ saaaa by distgtct~-that th® eo seed z,tler?° His ,~~ll,a~l~~,~ is str-~iSh!'...I~ ~,I,I~, coatlidsndsettladtL;'., ~rican-Americas neighborhoods of °Hel1 That's what araalo:~ this csty IaL.,, :,~,.'agly eaaongh; oat of Defies leave had r+sal :IVr::.:..,:~ ' g and faaIl of eBeaves- adept fiaaalitatnrs iaa ffi1 tifl8l at Cary Fialb. $ ~ thH Cau+v~ ra0lbCat is tlae OaryOr Of' ~u.ah.y,~ . calls for change cotes from aewlgr to 6~ there ~ a:trata of though! is r, ..~:iaeat a~troaa-uaayvr city is eiect®d black read Iiispaaic council Dallas that holds that, libr an Eastaeta caaatry--~d R..,' -lI of whin that thefr..~....:..a- E..,~.r dye city is adjusting Readell bar put as eyed b o$c nitres leave beta t3~ st,ort tad of to the realltles of dom.. d.~.,;~ b....,,~',.t on cord by r~duDy shat~g bah the s~ the st~lc by dye cYtq'B sttaaa- by thss psrWaoJoa of distracx electloraa. light tied lair t}rial~tg wttb ~ co ~ G Ba~q a~~ • 900L~ 1'IO~ION d0 a1.L%0 9.ar.e SY~o 9n~~, 9C:QY ~?~/40/, 1 , ~s..~k :..I.jly Glty Cosmol i~...u.~eaC P~ fit Dade ^^"~"•Y, Flastds, tD 1001[ =among tr~.....a. Henry' Ciseoet+os Of Sstn ]dm Stz+eet and rnembets of the city's seriondy at moving to m eJ.;.r:r~ chief Antonio, Pete Wilson of san Diems sad. stttte be~siative deieggtion. -He recog- _--,._---'re. °Itwouldbev®rydi~ealtfor Among cu..:...t maayors. Eenanual Wises, says Frederick Voigt, who a weak mryo~r us Bade Coanty m oIl II ~'g~~ (,:icy, Mis.anu~i. directs areform-crz civic svatt:hdog sti,,~ r ~I : fitiaa all the diva do- Nor, for tfrat .~w,:.°i.+ do s~~oag-rriayor s, r imowo as the G......~~wy.: of 70, mrmts of the aouueutastf? dtam~;r time eitiies predaex .sit>Sieis adI t6aa etme. 'that while he r~.,..,_set : , .l~atts svhe9 soeria of the 3,...:,~ ~ are L ....,1 'Stran6 paii4teal lets~sl,~Y, ~t a vcq ~ he has b shar8 it; he has to deal to be --~,.,,,ilstir," says Tom Fiedler, noes commodity; sstysr ~ a m _I....y..,.,ss politip.' politial editor of the MAiQrrd Rers<!d. tr>tor t;ity af' ><lmsstit~t~y. 'I! At the Barrie time, thwgli, RettdeU 'It's too easy for the test of the . ~ , t- dat~'t ,~I :ice w+Eth ono3 fttgottese or has bem tenabssbed abvot nsang the Wily tD dLl. thsu r and say. aaothmr: It's jt>st d~BtmfE m bad chess r~~~,, r of his o~ae m Face do+m pttblic °WeQ thtst's what H:,t.~ ~ do,' or You little ~a, a.+.. dM is tleE rOteglt ~ tears meplgee Moat attd msolae cuts csa't. frost the blare;,' or 'It's i~ ~ out to be. eff.." I a good in the city's budget. It !us been an ~o good-0Id bay sy,+y.....' Tbere'a pt,~iticai L..1.... Pbok~la say you dao'L _..t...,~.~ }..:._ari}y difficult mac. in 1arte got in be i.,.1 is iL.•l~ CV~y do- find n'eaI[y at:oag Qlectlve etIIayOe"a iss srs becactse the ciys's dispmrata meat of tha oommaaity is im .;.,..1 is cr~mal-:. dbos fact yvn ovrnmttnities take pride in a sort of ~ way. don t find ussut~r of thus t;~,° ` peickly iod::~,...,'.etice. 'It is a of Tbet t;.,~,~~ so. VV~ ~ it Balton Says Votg~ "and that one Of' this fs t0 say that it >S aU too Trtoe+e thst ~ t~B days. atakas it politically, eaoially and ethtu- ~ itapossible for rtoa~ger-run of :..king tatml~.1 I,~,~~i;~ .u~ ego- tally combustible. They have had m csties to pt+o~aao:1 aF n.,..,,. ua...~,ty sand social deo~ty, disixz~oce the Pais egtul}y, and clot that met Several of the ~ highly mL:r._.,,.,~, ti~te cdviC wiU m tesaloa ~ csxtld tsflt be dome without the eeritral- ..ter 1 may this t..,.. ,has pttr .....,.hiag t:Esoicxs rt:gttisss the deR icy d power. If you u°~....~.ted it, t~r+e d~n.{ce~ d is raxnt years gai~nLed tDeiz ttrttoh of sal. ~..~.~1 poli~..:.,b.,,.. 'I~te eaast t4A/ many dts...1 ~t ~ 1-.l Statne+C ~.....-.sely ~ r -.SE they I I impOr~gs; deall~..~,r. iiM t ~ty Ml'ftB st~ottt anyone io ~,..d able to Easel ~W: then visions in tom- tea's br . , it is b ...~,I,las ih~.io A similar t:alculus }Res behieod the muaities with ..,,~,,,:..oed mss- theSeat~. - ' ~ ~ 'va been t~stening ZQ our rnewnbels. Vile uredrraOrt~d _ u wetR a ym le w t0 / feN soead • P al' Y~i , J, - s - and eurrent ! eat the s~ea+e tithe. You ..L.~ ,t t _ _ it and now we have is [nlrodudn; the new USA/!' G , . 8 I , . Fund. C VV Now manayns ~ no-load mutual funds with 1:z blidton in mutual fund assetsr. U5/1A L.. .,.m~.._ Man ens C.. , , , r I , k _ , growing to troee~t your. f'inanC>al needs. ,i Right roow is a good dnte m set surtedl i • GLL TQDAYi ; . 1800 Z35-~24~ u~• For more irdormtetbn ~n >!x tou,as _ . . mvagerd~snld~ by USAA inresana~t 1prn0emsm Camdudktq ms~n . , I: tsa elargee ~9 or ~eusP fos~osa~i a 'carro»saiorrr0 ~ ama Ot(irat hn ~ U~ S~ml~ary~C tOr~or~Yue ru~0 swt0 aapN. trio is rasr . C',OVBRNYZVG ,Jny 199Ci 41 I H'It'kiIION d0 JLLI~ Z9L9 bti9 Zpp.RZ Rc~rat'. . oairrnirn LOti ~ i ~ ~t~~MIG IP are likely in top management. taxes for other governments. Last year, Yes, we need strong mayors. We also On the other hand, in the mayor- our enterprises paid or ooDected and for- need strong city council members and council system, the chief administrative warded more than ti.3.4 million in state strong city managers to cope with the officer serves at the pleasure of just one and federal income, Social Security and diversity and complexity in our large person-the mayor. If a new mayor is unemployment-compensation taxes. cities. elected, a new CAO is appointed, and More important, many of the employees In °Ihe Lure of the Strong Mayor" significant turnover in department who this year are paying taxes were [July, page 3fi], the reader was left with heads is not unusual. There are also ,,:,.,:ring government payments last year. the misconception that strong mayors more pressures to appoint political sup- You also note concerns that casino are not found in council-manager gov. porters, regardless of whether or not gambling will spread "with little control ernments. Perhaps part of the problem they are the best qualified. by elected officials.° Wrong on 4wo is that the average citizen does not real- What citizens really want is a balance counts. Firs4, tribal.councils did not drop ize that people such as former San between politics, professionalism and down from the sky; we are govemmen- Antonio A-4ayor Henry Cisneros have participation. ARer a few years of ex~ri- tal officials elected by our people. served in a rnuncil-manager system. 4Ir. ence with mayor-council government, Second, Indian gaming is more heavily Cisneros favored the council-manager the Rochester, New York, city council regulated than commercial gaming. structure because it allowed him to has had to create its own bureaucracy to Tribal governments must live with the focus on the external needs of the city counter the mayor's power, increasing results of gaming and are more con- and the policy leadership role with the costs without improving services. There eerned than anyone that it must be city council. He understood that strong are certainly effective mayors working in clean, honest and free of outside control. political leadership involves consensus a mayor•council government, such as While the federal Indian Gaming building and vision, but does not require Philadelphia's Ed Rendell. But what Regulatory Act, by inserting the states ad,ninistrative power. will happen to the city when Mayor into our governmental decisions, was a There is also the issue of the city Rendell leaves office? transgression on Indian sovereignty, it council's role. In .~,.,,,,t years, citycoup- It is no accident that Dallas holds a works well where it is allowed to work. oils have become more representative of triple-A bond rating and, like Phoenix, JoAnn Jones our diverse communities. And so the San Diego, Charlotte and Savannah, has Tribal Chair leadership to forge consensus through a strong reputation for innovation. These Wisconsin Winnebago Business' this representative forum is more impor- diverse communities (all council-manag- Committee Cant than ever. Our increasingly diverse er governments) have often been Black River Fella, Wisconsin communities need to be able to work blessed with strong political leadership out their differences with some equality and strong city managers. In desperate The Wisconsin Winnebago Business of power. Council members in a coun- economic times we need both. Committee is the governing body of cil-manager system have more clout We aren't going to resolve the issues the Wisconsin Winnebago Nation. than they do in amayor-council system. of the day with a change in the form of The complexity of the problems facing government. Instead, let's focus our ~ARRECTION ow communities also requires excellence energy on the best way to foster the In The Public's Capital ~r,;....:al report for and sophisticated professional skills, leadership to deal with the difficult July, a listing of some of the past which flourish in acouncil-manager gov- problems facing our nation's cities. decade's most influential books and eminent. $ecause the city manager is not William I-I, Iiansel) Jr. reports on infrastructure failed to note beholden to any special interest group, Executive Director that two of the books, America in Rums: he or she can frame options for the elect- International City/County Beyond the Public Works Pork Barrel ed officials on the whole range of issues tt4anagement Association and Rebuilding America: Financing facing our cities: economic development, Washington, D.C Public Works in the 19~, were projects race relations, environmental and solid of the Council of State Planning 1 ~ waste management, land use manage- INDIAN GA1411NG AND TAXES Agencies, now known as the Council of ment, and budget pressures. In "Indians Bet on the Lure of the Dice" Governors' Policy Advisors. In addition, City managers also provide critical [July Trends, page 30J, you raise the red only one of the co-authors of America in continuity during times of transition, herring of untaxed p,,.,.~.,;ds of Indian Ruins was listed. The co-authors were including turnover of elected officials. gaming. Do cities pay income taxes on Pat Choate and Susan Walter. As non-partisan public servants, man- entry fees at zoos and museums? Do the agers serve at the pleasure of the city states pay federal income taxes on lot- Letters should be addressed to Letters council. While a manager may be tery revenues? Why do people think to the Editor, GOVERN/NC, 23001V St. fired anytime a majority of the city that Indian tribal governments should N.W., Suite 760, Washington, DC rnuncil determines a change is neees- pay taxes on the governmental revenues 20037. Fax: 202-862-0032. A daytime nary, a change in political leadership we raise at our casinos? telephone number should be included. does not mean that wholesale changes In fact, our casinos generate plenty of Letters are subject to editing. IlO (;OVERNING September 1993 0 BB~A83~ `$~BB II,ZJ1tE ®F' 'SHE a°BTIt®PT(3B0 M1~YOIt ~y Terregg Blodgett ~tik® Hogg ~sofessog in.IIrban Management Lyndon eo Johanson School of public Affairffi Th® Uaiversit~ of Texas at Austin Americans love the 0°quick fixo00 We want to take a pill and ' lose 20 poundsa We°d like to buy one lottery ticket and become millionaires overnighto And we°d like to change City Hall into an organization that can instantly reduce crime, create jobs, ahd enable us to live happily ever aftero Unfortunately, life is not that simplex IJo magic diet pill can take off 20 poundse Only one lottery ticket in 16 zillion ever winse And switching to the strong mayor system of government won°t solve all of our cities° problemso In fact, it may make things worse! In his article entitled °'The Lure of the Strong Mayor,°B (Governing, July 1993), Rob Gurwitt examines some of the discus sions taking place on the subject of UaSo local government structure a He suggests that 0°boosting the powers of the mayor°B through a change to the strong mayor system can help larger communities better grapple with their complex problemso °'It may not be possible to end poverty, house the homeless, disband gangs, repave corroding streets, find the money to revive a withering economy or put an end to civic squabbling< But one thing citizens clearly can do is refashion local government with the hope that someone° ma mayor, an elected county executive-someone~~can assemble the political authority to grapple better with those problemso'° What is the 0°strong mayor" form of government that proponents feel gives a city the political leadership necessary to make things happen? Under this type of charter, the mayor has the authority to hire and fire department heads, prepare the budget for.council consideration and administer it after adoption, and veto acts of the city council (which can override that veto only by an extraordinary majority). That's concentrating _a tremendous: amount of. power in one person! And, it can go even further. In.the consolidated city/county of Denver, Colorado, the mayor can: • Award any contract up to $500,000 without reference to the city council. • Remit any fines or penalties levied under any ordinance passed by the city council. The only requirement is that the mayor must notify the council of the remittance and ' the rationale-behind it. • Submit an annual budget to the city council in which not one line item can be changed without a two-thirds vote of the council. • Appoint the heads of all administrative departments (some 50 in number) the county judges, and all boards and commissions under his jurisdiction. No city council advice or confirmation is provided for any of these appointments. Gurwitt argues that to exercise political leadership, a mayor has to have administrative authority similar to that described above. The strong mayor form relies on a single, powerful leader who often forges coalitions by exchanging benefits for support and uses his or her power to gain leverage over opponents. This approach has built-in limitations. There are too many actors that a mayor cannot control and too little power and too few resources to predictably compel or buy support. Leadership that uses power to forge coalitions is not necessarily responsive, particularly to those outside the ruling coalition. on the contrary, a number of highly regarded American mayors have demonstrated that political clout can be achieved without o• e~ - 3 administrative responsibilitye Two outstanding examples from large council-manager communities come immediately to minds former San Antonio Mayor Henry Cisneros, who possessed the strong leadership skills necessary to become Secretary of the UoSo Department of Housing and Urban Developmento and former Charlotte Mayor Harvey Gantt, who continues to reside in that city and runs his own architectural firmo When Cisneros took office as mayor of San Antonio in 1981, he inherited a sleepy, lower-income city with major problems in its educational systems Cisneros envisioned San Antonio as an international economic and tourist attraction, however, and he worked tirelessly to achieve that dreamo Although he had no responsibility for the city°s public or higher educational systems (in Texas, school boards are elected separately and responsible for their own budgets), Cisneros recognized that education was the key to the realization of his visiono He unceasingly lobbied The University of Texas System and the State College Coordinating Hoard to locate an engineering school at The University of Texas at San Antonio, and he pushed the Texas Legislature for more money for public educationo He then went on the road to sell San Antonio as a biomedical headcguarterso His efforts to attract tourism were also successfule San Antonio became only the fourth .site in the country to boast a Sea Worlds His mayorship culminated in a drive to build the domed sports stadium that opened this summer to capacity crowds for the UoSo Summer Olympic F'estivala + ~ 4 Cisneros also possessed the leadership skills to build consensus among highly divergent city factions. He used a series of bond elections and other strategies to bring together the city's business community and Hispanic neighborhoods. Strong leaders such as Henry Cisneros realize that they are most, effective when they are supported by an effective professional manager. Cisneros has said that San Antonio's greatest successes "can be attributed directly to our council-manager :form of government, characterized by top-flight professionals with a corruption-free, fiscally sound administration." Harvey Gantt's record in Charlotte as that city's mayor from 1983 to 1987 is no less impressive. He was instrumental in the construction of the 24,000-seat Charlotte Coliseum and helped the team owner win an NBA franchise for the new facility. He also spearheaded the construction of a performing arts center in down- town Charlotte in partnership with NationsBank's construction of their new 60-story corporate headquarters. Through the city's neighborhood, small area, and district land planning processes, Gantt provided citizens with a voice, and he led the creation of a public-private housing partnership that leveraged private sector funds to increase Charlotte's supply of affordable housing and promote home ownership. Gantt is very clear about his views on the different forms of government: "The council-manager form of government is absolutely the best form...particularly because it leaves the mayor and council free to focus on the big policy issues. The day- to-day operations of the city do not distract the mayor ~s 5 from this focus; they are left to a professional city manager and professional staff. Therefore, the council- manager form is a better and cleaner form because roles are clearly defined.0° Gurwitt makes a second assumption that the .council manager plan is outdated because it cannot respond to the new demands of highly diverse communities. %n speaking with citizens in Dallas, Texas, however, a different story emerges--that what ethnic minorities really want is more participation in the process, not- politics as usual. Gurwitt assumes that political clout and responsiveness can and should come from only one individual rather than the entire city council. Reformers always intended that the council-manager form would strengthen the quality and responsiveness of service delivery and - address basic citizen needs. The council-manager fora is not less responsive; indeed, the strongest examples of citizen participation can be found in council-manager communities. The city of Dayton, for example, was the first large city to adopt the council-manager form and it remains a strong advocate of professional local government management. For years Dayton°s neighborhood boards have been cited as models of citizen involvement. Similarly, the city of Cincinnati has a long and distinguished history. of neighborhood activism. And remember the David and Goliath story about how the city of Alexandria went up against Virginia Governor Doug Wilder and Washington Redskins owner Sack Kent Cooke? The city had other plans for the land the-governor wanted to use for the stadium. Mayor Pat Ticer successfully worked with the city staff and 6 citizens to fight the plan to move the stadium to Alexandria. Gurwitt goes on to suggest that the council-manager form means "leaderless" government; that "the more hands on the tiller, the harder it is to steer." He discusses the perceived lack of "tools" a mayor in a council-manager community possesses to bring people together toward a common purpose--particularly people of widely diverse racial and ethnic .backgrounds. Gurwitt argues that council-manager mayors have only "facilitative" leadership to fall back on, and that this type of leadership is insufficient to deal with today's heterogeneous communities. But do we really want the .tools to be trading votes for services? Political leadership should not be confused with reactive, demand-responsive leadership. Too often, the political leadership in strong mayor governments encourages conflict among elected officials, which, in turn, produces political gridlock and a reliance on short-term coalition building. As a result, officials in mayor-council cities are more likely to avoid making hard choices. An article recently published in the To1ed~ Blade, for example, assesses the current condition of Rochester, N.Y.: "Since Rochester adopted the strong mayor form of government in the mid-1980s, council has allocated to itself a growing amount of resources to place a check on the power of the mayor. That figure has loomed as high as $500,000, or about .002 percent of its annual budget." The council-manager form, on the other hand, uniquely blends , political and professional leadership. Although political supremacy of the mayor and council are assured, the elected officials empower the city manager with the independence needed to 0 u make sound recommendations to council and to manage the local government organization using the highest professional standardso %n closing, Gurwitt implies that communities can switch to a strong mayor form of government and still retain the level of professional management that citizens have come to expect in council-manager citieso One of the big differences in the two forms, however, is the fact that in council°manager communities, the manager is.appointe~ by and responsible to the entire 'city councile Under the strong mayor form, the chief administrative officer-°if one is appointed-°responds solely to the mayoro The council has, little input into that individual°s selection or supervisiono Although some CAOs may have previously served as city managers in council-manager communities, the average tenure of a CAO in a~ strong mayor city is much shorter in comparison and may undermine the city°s continuitye To be sure, council-manager communities also experience turnover, but in most cases, these cities hire experienced managers to replace experienced managerse For example, P~arvin Andrews retired from Phoenix after serving as that city°s manager for 14 yearso Rich Helwig recently finished his ninth year as Dayton°s city manager° And Wendell White in Charlotte has served an even dozen years in that communityo This kind of continuity is less likely to occur in strong mayor-council communities where a single individual frequently chooses a CAO based on their political loyalties rather than their professional management abilitieso . Professional city managers not only have the capacity to serve 8 different types of cities; they also attract other top executives to administer city functions and activities. Today the complexity of city service delivery calls for individuals with superb organi- zational skills, a good sense of strategic management, and the ability to communicate effectively with disparate city factions-- not inexperienced political loyalists. In a 1992 issue of Public Administration Review, author Irene Rubin examined the adoption of new and innovative budget tec:hniques in six major U.S. cities during the past 20 years. Of the six cities, which included Dayton, Phoenix, Rochester, Tampa, Boston and St. Louis, the more politically reformed were more likely to adopt budget reforms quickly and were. more receptive to trying new approaches. The least-reformed cities, on the other- hand, incorporated budget reforms that 1°enhanced central control over departmental operations." For the purpose of her article, Rubin defined politically reformed communities as those that operate under the council-manager form, hold at-large council elections, and have a weak history of employee patronage. It's no accident that for the past two years, the majority of the National Civic League's All-American Cities have been council- manager communities. This year, seven of the 10 honorePS were council-manager. It is also worth noting that of Financial Wor3d magazine's list of the nine best managed communities, three of the top five, including Dallas at No. 1 and Phoenix at No. 2, operate under the council-manager form. Since Gurwitt "showcased" Dallas as a long-time council- o ~0 9 manager city that has considered a change in its form of government, it seems appropriate to take a closer look at that city°s political situationo Lori Palmer, a former Dallas council member who had represented an inner city district, describes the impact such a change would have on the citye 0°If a strong mayor form of government were instituted, the real losers would be all 14 of Dallas° council membersa First, council members necessarily would lose their power and see it transferred to the mayoro Second, council members would lose their access to the city administrators and department heads, who would be responsible and beholden only to the mayor, who would have the sole authority to hire and fire themo°B 00The bottom line is that Dallas° council members, by having to give up both power and staff access, would become less rather than more effective in representing and serving their diverse eonstituencieso %n the end, the citizens would be the final losers,0° In many council-manager communities, hispanic and African- American activists have realized that for the first time they are being represented on the city council in numbers that reflect their community°s diversitye As Gurwitt reported in his article, °0the talk of moving to a strong mayor looks a lot like a ploy by the Old Guard to shift power away from the newly diverse counciloBO Al Lipscomb is an African-American businessman, long-time civil rights leader and, until 3une of this year, eras mayor pro-tem of the Dallas city council e Both he and Aqs o Palmer 00retired°B from the Dallas council this spring after serving the maximum number of consecutive terms allowed by the city chartero Mro Lipscomb opposes changing the Dallas form of government and observed that °Bevery time minorities get into the loop, the rules are changed . under some pretext or through some slick schemes°0 e` 1~ At one time, current Dallas Mayor Pro-Tem Domingo Garcia thought he could support a move toward an strong-mayor government. Today, however, he states that "North Dallas has the economic and political clout: to continue to elect a mayor, and under a strong-mayor system, we would be left out. We are finally getting on the city council, and I want to increase the power and authority of the council, not decrease it as [a move toJ the strong-mayor system would do." To summarize, the stressful challenges today°s big cities face definitely call for strong political leadership. However, as National Civic League President John Parr has said., "Looking for political leadership does not need to mean getting rid of the council-manager plan or decreasing the role of the professional manager....This is not only a time of new partnerships arross old - political and geographical boundaries, but a time of new partner- ships within local governments as well." But what of the challenge of providing leadership within a metropolitan or regional framework where units of government may number in the hundreds and special districts also abound. In situations such as these, don't communities need a really strong mayor, who not only has a vision and can build consensus, but who has the authority to fix things, make and enforce decisions, and "twist tails if necessary"? In his new book entitled CITISTATES, Neal Peirce notes that "in. some cities there's still a nostalgia for the brand of decisive leadership exerted by a few exalted power brokers." He cites the work of banker Richard King Mellon and Mayor David Lawrence in Pittsburgh, who together spearheaded a renaissance in that city in 0 1.1 the 1940x. Peirce notes that> ooToday the A~ellon-Lawrence act can be seen as heavily elitist, a relic of the time when small power cliques controlled each ~,merican city and brooked little opposition. The old titans, the small bunch of senior white males that met in exclusive clubs to make decisions that swayed cities° whole futures, are a virtually extinct species. Power in American communities seems to have been atomised by the rise of fresh power groups< upstart industries and businesses, powerful developers, ethnic alliances, organized blacks and Hispanics and Asians, environmental and women°s and social service groups, and many more.00 Today°s city or citistate leadership cannot be one of power, but rather of consensus building and facilitation. Gurwitt fittingly quotes Dr. James Svara of ATorth Carolina State University, who has studied the roles of mayors in both forms of government extensively over the past decade, Svara argues that the pressures of civic diversity will produce facilitative mayors who oolead by empowering others--in particular the council and the manager=-rather than seeking power for himself or herself.oo Under the council-manager form, the effective mayor is a leader who not only contributes to the smooth functioning of government, but also provides a general sense of direction. These individuals enhance the influence of elected officials by unifying the council, filling the policy vacuum that can exist on the ` council, and guiding policy toward goals that meet the needs of the community. They are actively involved in monitoring and adjusting relations within local government to maintain balance, cooperation, and high standards. Contrary to the view of some that strong mayors are harmful to the city manager, effective mayors enhance the performance of both the manager and the council. ~ 12 In the final analysis, what is really needed in today's big cities are STRONG mayors, STRONG city councils, and STRONG city managers. None of the three are mutually exclusive; they can and do work together today in many of the country's successful council- manager cities. _ # # # i:Fr ~ I < t ~ ~ z ~ ~ y~ ~ ~ • / r r F Fry"T ~t ~~`~t'SI~~',j, ~j$~+. ~ I ~ x'.f~11 ?"~fi T .'~?i /jam J ~ A~ "u i ~ 'r'~n3't ~~^r~4f• .e: .--u 3:a ~ ~ ~ ~~..-i -ti :_w 1.~ 5;•_ -r'. • ~'9 ~p°~l~®/ Hello! This is a follow-up notice about Bravo! Colorado°s Sixth Season Symphony ®~®~,~~o of Parties. If you have not already made reservations for these creative events, r do so now! Space is very limited - if you ~ZISZ~ ~~.5'~~~G are planning to attend, send in your order form as soon as possible. ~Syrttphorty o f Also, it is time again to join our Second Annual Non-Dinner Dinner Plate Club. This year ° s plates by Eric Anderson are one of a kind, each a little bit different -let ®t~ ~~~.SD~L us pick one for you or why not an entire setting? aF s,,. ~ ~ f ' ' _ _ ail 1 ~ ~ I~r - F ~ •j~ 4 ~ ,4 1 ~ i ~ ~ ~ ~ . . x A t' a ~t ~ Name ~ x s b ~ Address 0 2nd Annual Non Dinner Dinner Plate @ $100 $ 0 A Confabulation @ $75 $ • Telephone 4 Frankly My Dear, Chillingsworths @ $150 $ ? Check p Visa p MC ? Amex Credit Card # 0 A Pilgrims Progress @ $125 $ Exp. Date Tokal All proceeds from these events will benefit Bravo! Colorado and are - deductible to the extent allowed by law. Reservations priorities wi[I be established by time and date of postmarks. Confirmation and details of chosen parties will follow. Bravo! 27ianks ~Ot:l~ r.~.` - i ~ r - ,~~a .t f ~ ~ t~ ~ t ~ 1 ~ '4 s . K ~i \ ~ L T Eric Abraham; Sculptural and Functional Ornate Ceramics Eric AYiraham "is -a self-employed ceramic artist making one-of-a-kind 00fantastic" ceramic objects. His work has won awards and h® has exhibited and crated commissioned pieces all over the country. Eric is represented in many notable co-llections. ' His unique objects, mostly made of porcelain, are influenced by the European baroque and Rococo Period of the 17th and 18th Centuries with a contemporary perspective. Inspiration is also derived from nature and personal experience. Most of his pieces are modified tell thrown Ecarms. No molds are used as all pieces ar"e entir®ly handmade, then ,.fired to 2400F and finished with fired on gold, palladium, aridother lusters. No lead is used in any work. If you are a non-trada.txonalist can enjoy a bit of collectible "camp" art, Eric Abraham's special creations for Bravo! will please you ~ .,6.. .E 0 Z ~ ~ ~t,n.tt~r.~i Al ovv 1J%nrir,P.cr a , r_; r .e'L• q `b ~rl ,I ~ , r C `~5 chi . ~ • - . ~~.~y ~(/~d~rQ.~, e1 ~u~a1e ys !P ~ ~ 72 guests _ $75 per person Expanding on last years 9st annual Non f ~ (and a pocket full of change) Dinner Dinner-Plate Club a new edition ~ ~ ° ~ , ~ of dinner plates will be created ~ ~ Is it Ike? Is it Tina? Is it Elvis? Or is it expressly for Bravo! by commissioned r"x.=. Nickey Nostrils and His Nasty Little artist Eric F,braham. Once again Bravo! ~ ,~fli~ ~ ~ r' r Nose Pickers playing I'll Get You Yet respects the fad that you may not ~ ~ ~ ~ You Bugger You? No! It's Bi11 "Luciano„ necessarily want to get all dressed up '~~,,,4 ;w, Whiteford, Ana" Gramshammer, and go to some fund raiser. Instead, .i' = Packy, Pack em'!n Walker, Rod "Stewart" Slifer, Sonn and Cher have dinner on your own time, at your _ y own place and on your own functional, _ ~ Johnston, Buddy Holly Palmer serviceable and collectable Pau! "McCartney'Testwuide and the dinnerware. Buy one plate and eat ,~>,~f~ inimitabfe Christi "A~farlene"Hill, plus alone, or buy several and have aparty. ' many other loquacious.types. It's deep The rest is up to you. You can even : ~ pockets tonight. You want service, it'll ,T^~ ~a ,`1 ;4v, charge admission if you like. Previews ~.~T: • ~ cost ya'. You want, a song, it'll cost ya' of this years very special dinner plate : big, you wants eat it'll cost ya' bigger, will be mailed in the early fall. ;~x~~~r you wants leave, be ready to pay! 0. AGE y"~~Y ~r~` Nothings cheap, especially the ~w~~ .1 = entertainment. So be read to "ti "the _ Y P ' scales and the'wei hter' will be at our * Photo en ~ s~,~~'-~_''~~~ 9 Y c l o s e d ~ s;~:; service. Don't miss a beat, it will be a ;y~',~-t ~ veritable rha sod of blues a waver of f~, ~ ~ - coloraturas, a twinkling of todays and a ~ 1 ~ flight of yesterdays. '''"~~':..k'` - °Confabulation: A fact replaced with ~'Y~'~, = fantasy in memory. `fYGb71~11~ ~2~Y9 I s~; =~z. .,mss ; C~iilCings~WOrtfis! ~ ~4~. ~ `t r ..r,. j~~~eueveys 26. Home of Roz and Gary ,,jr~~ ~ =.f=~.~ ~ _ Valentine ~ x F ,~aa: ~G ,r:.,~ 30 Guests :.Y,;~ ~ $150 per person ~~t , g. ~ A A ~ ®_a 30 Guests Pat and Nitzi Rabin have, for the past $125 per person two years, donated their time and talents to prepare a meal for friends and Light a torch and see your way to a patrons of Bravo! In the five star style r progressive cross country dinner of 4heir east coast establishment,~,~y~ ~ r~ presented by homeowners in the Chillingsworth, The Rabins serve up an l exclusive Pilgrim Downs area. ! ~ ~ ~ Spectacular homes, scene terrain elegant meal, complete with their very ~ ry, , educated selection of wines. Once ~ t i 4 ~ and meals will be the combired again they have offered to present this F ! ~ ± ~ ~ ~M~~r-~'p ingredients which will make this a evening of unequaled quality in dining. t~ ' i n memorable evening. Rest up, bring To add better to best, dinner will be ~,Y~ ~ ~~s~ your cross count ear, n a ~ ~ ,a~ ry9 a Ppetite and held in a fabulous Vail Valley home. Be ~ { -~r "{'K'~~~' ~ ~ ready for an exercise in fun. But not first to sign up for this very special r; J J,~- to wont', being only a beginner on cross ~ ' ~`1;~ri ~ count skis will not reclude ou from occasion, because if you don't, you II be ~ ~ ,T ~ ~ ~ ry p y too late. ~ ~ ~ ~ ' ; finding the true 'spirit' of the evening. ,'h; ' ~ ~ ~ ~RECE~VE~ SEP ~ 6 ~ . 993 Ci~1~11111~~ gb ~®a~n~~rr~~~ r~~~~~~®~a ~OBiT'~~b~ ~O~ItD I~ETYNG ~g®aento II~T®t ~ltt®ndings .Tony Dattilo Jeff ~tencio Renee Kuharski• Hrian Hall - - Steve.Miller Hill Perkins CC Nottingham • Reggie O°Hrian - Suzanne Silverthorn Terry Stinnette ~ _ __Minutes of the 7/13/93 meeting were reviewed and approvede __Monthly financials were distributed showing actual income of $85,232027 and expenses of $78,278008 from January to august of 19930 • ~_In his staff report, Terry Stinnette announced that the two cameras (discontinued models) approved for purchase at the last meeting are no longer availableo %nstead, Terry recommended and received .approval to purchase a pair of • Minolta Hi8 8_918 2_chip cameras for $1,150 Bache .Terry also received approval to purchase an S_VHS portable deck for $1,200 to replace the station°s .6400 deck, which is wearing outs __Yn a related matter, ,Steve Miller expressed concern about an audio 00hum°° coming across the Channel 5 signal, and recommended giving priority to improving the station°s audioo Staff acknowledged the problem, and indicated TCI had been alerted, .but had not located the problems Steve agreed to follow up with TCI through his contacts with Stan Mc~inzie and Mark in the engineering departments Steve also recommended buying new microphones if this would improve the audio signalo __Terry°s .report was concluded with a list of future equipment suggestions as follows S_VIiS deck for air, $1,2000 new tripods, $300 portable mixer, $1,2000 toaster 4000 w/Amiga 4000, $6,0000 2 color monitors for editing, , $500 and upo audio mixer, $1,000 to $3,0000 °°In'her Director°s Report, Suzanne Silverthorn • VAIL VALLEY COMMUNITY TELEVISION P• 0. Boa 5600 A~-on, CO 81620 Phone 8: Fax: 303/949-5657 1 stated that a VHS Quasar camera (purchased in 1992 for $1,100) is now inoperable following an incident in which a student in the TV production class for kids (sponsored by the Avon Recreation Department) pointed the camera at the sun. Channel 5's insurance will replace the camera with a $250 deductible. As a goodwill gesture., the Board agreed to cover the deductible rather than pass the cost on to the Town of Avon. --Next, Suzanne announced that the buyer of the $5,000 Panasonic edit system has backed out of the deal by stopping payment on her $500 deposit. Because of increased usership, the.Board agreed to keep the system until more: • information is known regarding the extent of capital support from TCI under the new franchise agreement. --Board members were reminded to update the master list when sending out note cards to community producers and sponsors. --After a brief update on the status of Brendan Gallagher's film school plans, Suzanne was asked to draft a proposal outlining a college scholarship program sponsored by WCTV. The proposal will be presented at the next board meeting. --Suzanne indicated that 6 candidates have applied for the Training Coordinator/Producer position, and that someon-e would be hired shortly. --Next, it was announced that the Vail Daily has approved Channel 5's proposal for sponsorship of Josh Hall's morning show. The Daily will pay $200 cash, plus $300 in trade advertising for 35 shows, or 7 weeks ending Sept. 3. Additionally, Josh will continue to receive $20 • per show, to be paid by the Vail Daily. Board members agreed to offer a comparable proposal for the winter season provided that Josh and the Daily "develop" the show, such as expanding the set. --A fall programming list was distributed, showing introduction of a new computer informational show. Also, Huskies Football was outlined with a production budget of $2,742. Sponsorship monies raised to date fc,r football are $1,200. --It was announced that the $800 grant for Open Ends will be depleted soon with.a net of 9 shows. Another 6 or more were produced on a volunteer basisa The Eoard decided not to extend the Open Ends grant for the fall season, but asked that Suzanne assist in pursuing sponsorships =~Suzanne indicated that the Eagle County call~in show would probably involve staff support for the first few showse after that, the Eoard could ask the county to provide personnel and/or financial support for the shove =~In a Belated matter, the Vail Valley Foundation has awarded the station a $500 grant toward the call=in show concepts The money is being used to purchase a titler system, which also gill be used for town council meetingso ==Reggie O°Brien reported that the Executive Committee had met with l~ttorney harry Eskwith and developed the following franchise negotiation listo live feed capabilities from council chamberg $90,000 capital equipment grant per every 5 years of franchisee channel location protection; clarification of 00gross°° revenues and how dispersed; 2$ franchise fee from TOVo annual operating support from TCI of $30,OOOo letter of agreement from TOV to ensure • Channel 5 remains beneficiary of fundso ~~Also, disappointment and frustration was expressed in the ongoing lease negotiations for the Channel 5 space at 77 P~etcalf Rde Suzanne was instructed to research other space options, while Sill Perkins continues to negotiateo e=Renee Kuharski suggested adding 7 porno Sundays to the Vail Valley Sunday repeat scheduleo ~~User statistics were distributed showing camera, edit and training activity at the stationo Due to the increase in usage, the Soard agreed with a recommendation by Terry Stinnette to tighten guidelines regarding equipment checkouts by the publico 6dhile that policy is being drafted, the Eoard instructed staff to prohibit afterhours equipment checkouts by volunteers unless accompanied by staff o =~Suzanne reminded the Eoard that action is needed soon on the revised Policies ~ Procedures Guidelineso • =°The new fall class schedule for Colorado Mountain College lists 3 courses related to TV productions Suzanne indicated that CMC has not yet communicated with the station regarding potential assistance and/or involvement r in the courses, despite being mentioned in the course descriptions. --Steve Miller expressed his disappointment in Board attendance at the monthly meetings, and encouraged his colleagues to participate regularly in the policy and decision-making process of the organization. ' --The next Board meeting was set at 7 a.m. Tuesday, Sept. 14. --Lastly, Suzanne played two videos developed by the summer interns. One was a music video on drunk driving the other was a Channel 5 promo acknowledging past sponsors. The videos were well received. --As there was no further business,. the meeting was adjourned at 9:15 a.m. - J x c: Ce~~ ~ ~~'~EBV~~ ~E~ ~ ~ 999 September 8, 1993 Mr. Mike Rose Town of Vail Department of Transportation 75 South Frontage Road Vail, Colorado 81657 Dear Mr. Rose: I am writing this letter as a follow-up to your meeting with my neighbors concerning the request for a bus shelter at the Buffehr Creek stop. Hopefully, by this time, you have determined the availability of monies for this sheler. I would now like to further discuss with you the placement of this shelter on my property. Please feel free to contact me either at work at 845-5400 or at home at 476-2169. We, in the Buffehr Creek neighborhood, look forward to working with the Town of Vail in finally obtaining a bus shelter after a five year period of waiting. Respectfully, Arvin Kasparaitis • 1990 Chamonix Road Vail, Colorado 81657 cc: Vail Town Council C U// ~ SECTIONS n ~ , l) 414.3 Sunday, September 19, 1993 ~ ~r r a h,3 ' i ,p, .fit .t (y~ ~ _ ~~•tihR:fi~'~,:~~9*:~YhtH~cYfrL~~4`K:Y ,'"M:6tsYi.CC::: bJh'zSL.S~~~1~Y a`~~.D~'W~4S~ 1 ~j ~1id/ ' ~ V~d~ _ _ TAX from Page 1C N ~ Butte prices soar. `It bothers me that "I don't know what the solution people who have . ~ ' is, but we have to do something so lived in a town all - we don't run the locals out," she said. "We'd have no workforce or their lives have to ~ ~ :older people in our resort commu- i pities." face moving because Isaac is proposing an even more their rO ert taxes ..radical idea: Set up a higher tax P p y Q ~ - bracket for any property that isn't have been dnven up used as the owner's primary resi- , i - ; : dence, thus protecting full-time ~ residents and business owners who Gunnison County Assessor • now carry the biggest tax burden. Judy Smith - "I'd like to see another class of By Ellen Miller ° .property, whether it's vacation, in- - • vestment whatever. If it's not versial a ricultural exem tions. Special to The Denver Post ollr rimar residence, ou'd a g P Western Colorado county asses- ~b®L~4S In$BPIOpBPS ~ Y P Y Y P Y "With the growth of residential sors, who take the bullets when 8Pe I9'1uPdBP Orl pPOpee$y : ` ~ • a higher tax on it. If you can afford housing, we have fewer businesses property tax bills get mailed, think $8X b111S, bu$ COIOP8d8f1S : a second place, you can afford to as a percentage of the whole col- pay the tax on it,' he said. lection. So ou can have rowth, full-time residents shouldn't be pe- me babe no choice bu$ Y g nalized because outsiders are driv- ~ His plan also would apply to Col- but collect less tax," he said. ing up property values. $O p8~/ $he freigh$. orado residents who own mountain Isaac proposes creating a third cabins or ski-resort condos. class of ro ert for second They are urging the legislature's P P Y A primary residence would be homes requiring them to carry interim tax policy committee to • > consider ivin homestead exem - The problem is acute in ski re~ taxed at the lowest rate, followed about 18 percent of the burden. tions, as otheg states do, to ease sort towns;.-whei'e~,inoce.than halfi by .the second-home rate, then It would require a constitutional •the locals' tax burden. Several say the property .is owned by people , .commercial and vacant land, he amendment, and assessors say it who don t live there full time. j 'said. property used as second homes , would be a tough sell. Many states have homestead ex- should have a higher tax rate. "It bothers me that people whq "I don't` know where the support "Our state is being invaded by have lived in a town all their lives emption that give taxpayers a would come from outside recre- out-of-state interests who are driv- have to face moving because their • break by cutting a certain amount ation counties," said Garfield ing land values sky high," said Pit- property taxes have been driven ; of the property's value subject to County Assessor Ken Call. "I don't . • tax. A flat amount wouldn't work kin County Assessor Tom Isaac. up just because a ski resort came know how we would do it equita- in Colorado assessors said, be- "It's pretty common in Aspen in," said Gunnison County.Assessor ~ ;cause land values vary widely. bly, and how you would enforce for people to have to sell out and Judy Smith, who has watched - "What's $20,000 in Aspen?" ask- it." move down-valley because their Mount Crested Butte and Crested , ; ed Mesa County Assessor Ron Owners of second homes don't property tax bill has been forced Teck. "If you exempted the first have as much effect on schools, po- op to $5,000 or more." Please see TAX on 5C lice farces or other services as . -$20,000 from property tax, it full-time residents do, Call noted. • -wouldn't help at all in Aspen, "It's a soft s of when ou talk where the average home value is P Y $1 million. But in Conejos County,. about• senior citizens, but how you'd wipe out half the tax base." many do you really have in the re- The interim tax policy commit- sort towns?" he asked. tee is studying various property- Jefferson County Assessor Judy • tax proposals intently, said state Pettit said all but a small part of Rep. Tim Foster, R-Grand Juno- property in her county is residen- tion, the committee's chairman. tial, so a second-home classifica- "It's not as easy as these guys tion would be minimal. "But it think,". he said. "What we're after would be a constitutional change. is a simple system, a fair one and That's harder to pull off," she said. ' : • something with consistency. We're Peggy Kanter, San Miguel Coun- looking at, everything." ty assessor, said Telluride has the He agrees, however, on the need same growing pains as other ski • ' "to protect our residents from a towns. ' market that is going up rapidly. "Our valuations are increasing We're taxing Colorado residents so much the elderly and worker out of their ability to own a home." bees can't pay. Recreation areas Foster said Amendment 1, are very hot items. I don't have the which limits the amount of tax solution." governments can collect, butts She wonders how Isaac's plan . • heads with the .Gallagher Amend- would be received by legislators ment, which set the total property .and voters, and suggested ahome- tax division at 12.86 percent for stead exemption may work if the residential and 29 percent for ev- amounts can be set county by scything else, except often-contro-_~ county. , • _ ~ . _ ~ ~~'D / - e ' ~ - - By AI Knigh4 Denver Post Perspective'Editor ~ ' ~alltl®11' Tra1I11I1g At his year's statewide election on o Nov. 2 is shaping up as an expen- Tlll~ jtlt~~~ ~C~n TClt~b ~J~~. ~rls~tj,, ~~~y : sive laboratory experiment. 1111! !'~l j j j T , ' Most casual observers, looking s- y" _ at what is being decided statewide, might _ w`~`" well wonder why it is being held at all. It ~ ~ will produce, no matter what, relatively ~ modest results and cost a significant - - ~b~ , amount of money. ~ ` ' It is being held solely because of last . F 4 year's passage of Amendment 1, the tax- f; - _ limitation (Taxpayer's Bill of Rights) mea- - / t sure. That amendment requires annual elec- Q ~ , / ' dons. - ~ , ~ ~ There will, of course, be local issues t p N'ry aplenty, most of them involving tax issues, j ~ ~}y '~r+~' but at the state level there is but one prop- td••q ~ _ ~~trs osition on the ballot. 1` ' s ~ "~x; Voters will be asked to decide whether to : r • ~ ~ ~~J~ ~ t % ' authorize a permanent extension of what is `~'f f,~'~ F"I 'ft s~? ~ ~ i ~ r ' _alled the "tourism tax." This two-tenths of ~ ~ 9f . " t, `F,~l~k t; ercent sales tax on such thin s as restau- + ~ ~~ft . ~ P g y.,l t d~~~ ~ J Y --ant food, lodging and car rentals has ex- ° " ` ; j f~'! ~ fired and, without a vote of the people, can- ~ ~ . , - ~ ~!~f!, ~ ~ ' ~ -got be re-instituted. It is a tax that falls ~ ~ t' f- 'p.~~°,~`, ~ ~ x primarily on Colorado citizens, the revenue ~ r ~ a ~ .f which is used for the exclusive benefit of ~ ~ . ;~~fk f;~~~J: '4 y ~ ~ b ' .he tourism industry. r ` f ~ + , s ° , 3~, ~ ~ If authorized in November, the tax will ~Yf+~. ;sF § rt V' E/ -aise an estimated $13 million the first year ~ , +;r'~~ ~ ? ~ = ff r ~ ~ ~ ~ end additional amounts in f uture years with ~ ~ ~ - " ' i absolutel no rovision for future voter re- ~ ~ , ~~~8 ~ , :view or repeal. The money, all of it, will be r , § ~;'`t ~ ~ s t ender the jurisdiction of the .Colorado Tour- ~ ~ •a~` ~ ~ ~ j' , „•t~,t ~z r , ~h _ sm Board where it will be used to bu ad- e`f r '~$k ' ` ~ ` y. {p( ~ertising and otherwise "market Colorado ~ ~ ~ ~ "t b ' ~~'~t~'I`~-`~~A ' ~ ~ ' F/}{ it t 4tii P s a remier vacation destination." ~ ~~~~r , + The tax has been in lace since 1982. It ' +`1' ~ r t ~ j " parted at one-tenth of one percent and was 1 ~ ~1~~~ ~ , : ~ ` ~~t ' :oubled in 1988. Proponents consistently la= , rr`~ .~,~e~~ r ' " , ; ~ ' .el it "a small tax." ~ ~ 1 ~ ' 1,~. 4 The statewide election on 'extending it '"i~ r' 111 COSt Over $3 mllllon,~ Wh1Ch at first blush you get a different perspective on life when you vacation in Colo. ado. The i Colorado Vacation Kit, Box 38700 °emS an extravagant WBSte. sights from the side of a mountain whiff: riding a narrow gauge train leave you ~ Dept. 226, Denver, Colorado 80238. This is a case, however, where the first breathless. Md like any good training, it eets better the more times ;:ou do it. ' I :ripreSS10I1S are probably Wrong. This eleC- Taking the train is onlp one of the unique ways to enjoy Coloradc`_ natural I n=m< ion promises to answer a lot of very inter- wonders this summer. so, whether your idea of fun is hiking and biking or sitting I .>dam back and enjoying the vieN', }'ou'll stiant [o ~ry®~y-e a T sting questions and to demonstrate the val- send for your free Summer vacation Kit. di/ 11{Ld~LL1~ Il~g I r:, 5,,,, v~ of a number of election innovations, Orjust call and ask for extension 226 and I p o • Mme private, some public. IIl the end these Put your~acationplansontherighttrack. 1- - 8 0 0 - 4 3 3 - 2 6 5 6 I vie„~,uo,.,,~..-~,i,,,ean<,YO„eeaso=~,F,,,,~~;° ~periments just might prove to be worth Colorado Tourism Board Please see TOURISIVi on 5E ~Jp(~~9gg One of the national ads for Colorado: ~ _ ~ _ TOURISM from Page 1E Thursda she has received no summay in i,-,,- ~ t rr- ~ threatening employees with dismissal or Y Y + _ opposition to the tax. When asked what she i ~ ~ i layoffs should the tax be rejected. A letter the money. would do if she failed to receive one b the ~ ~'i from the committee to "affinity group" Here are a few examples o[ this year's Sept. 30 deadline, she said, "The notice to ~ c,,~ ,I leaders recognizes the problem with these nvvcUics and how they may play out: the voters would simply say that no sum- ~ •~4 ~ words: ' As you work with individual mem- ? Atotal of 29 Colorado counties will maries were received." tiers and their campaign captains to con- conduct the election exclusively by mail-in Here then is an open invitation to tax II vene employee briefing sessions, please ballots. These ballots in some cases will opponents to get their summaries to Mey- ~ ~ is,, make certain that it is completely under- er b the established deadline. What an ' _ ~ ' stood that attendance and participation in contain as many as 70 different questions. Y this cam ai n effort. is not a condition of These will be, for the first time, coordiuat- outrage it would be if tax money were ~'i: P g ccl ballots in which all of the special dis- used to mail out ballot summaries to all - ~ employment and will not affect job status re istered households and included onl a or business relationships in any manner." tricts, school districts and municipal dis- g Y % tricts will appear on a single ballot. Many arguments in favor of a tax. Because of I That.may be easier said than done. The voters will learn for the first time that the peculiarities of the law, that prospect ii ~ mere calling of an employee meeting with the live in multi le s ecial districts. In is nonetheless real. :I t~,', ~ ~ a request for participation in what is after Y P P ~ ~ ~I~I;i ~ , the past these districts have held separate This is especially odd since there are ar- "i ~ I all apolitical campaign, puts employees elections, on schedules designed to assure guments aplenty against the tax. In fact ,i'~' ~ on notice and sets off all sorts of alarms. alight voter turnout. In those counties opt- the Legislative Council will publish sum- I \ e~ _ ~ In one sense, as they decide whether or not ing for mail-in voting, the ballots will be maries of those arguments. Just last week ; % - to join up, they are being asked to declare available as early as Oct. 8 - almost a the council,completed work on its summa- e; ~ a public position on matter to be decided full month before the actual election. - ries, but since the council is neither an r ~ , ~ by a secret ballot. In our system of gov- Early-bird citizens can pick them on "opponent" nor a "proponent" its versions ~ . _ - ernment employers don't normally try to that day, or wait for them to arrive by Won't be submitted to the Secretary of : ~ influence the way their employees vote, mail a few days later. This timetable State. - even if both think their future is tied to a chan es a lot of thins includin cam- The Tourism Board, which has the big- lions firm is under contract to the tourism specific puplic policy. g g ' g est stake in the vote, has been in touch board for $180,000 this year., The contract State law recognizes. the fragile nature . paign strategy and advertising schedules. g is renewable next year, but obviously only P Y P Y P ' It also creates an obvious need to change with the Secretary of State's office to if there is a tourisrn board. of em to ee and em to er relationslri s. the reporting rules for political commit- make sure it has a summary of the argu- The Secretary of State's guidelines for po- tees. Under• existing state rules the first menns in favor of the' tax, although the Monaghan has helped devise the strate- litical committees makes~it clear that if a report of the political committee backing agency's director, Rich Meredith, says he gY the political committee hopes will car- specific employer, corporation or individ- the tourism tax, for example, isn't due un- hasn't submitted a summary of its own. ry the day, but Monaghan admitted last ual, takes on the independent task or rais- til Oct. 22. By then nearly a third of the The election could well be decided by week it won't be easy. ing money or in-kind political contribu- state's voters may have cast their ballots. the taxpayer-financed summaries. Keep in "People love tourism, but they hate taz- lions such as volunteer labor, that that If these campaign reports are to have any mind that many voters will learn of the es," he said. Monaghan should know. He individual or firm may be required to file meaning or purpose the deadlines obvious- election through the mail. Press coverage has personally conducted four focus as a political action committee and make ly will have to be changed. will almost certainly be light. The more groups lately where voters, among other the required reports. ? Secretary of State Natalie Meyer is, detailed Legislative Council summary of things, expressed doubt that the state The tourism tax supporters face a diffi- under the terms of Amendment 1, required the tax arguments will probably have only should be involved in funding promotion of cult task. Their best hope is to try to mobi- to compile arguments for and against bal- a limited printing of at most 200,000 cop- tourism. lize their army of supporters before the lot issues and mail them to every register- ies and most voters will never see it. The supporters of the tax will try to ex- campaign really gets started. Indeed it is ed household in the state. The summaries After all, there are no legislative candi- ploit several oddities in this election year possible to imagine thousands of tourism are to be up to 500 words each. This year's dates this year. Candidates for public of- to carry the day. They will try to marshall workers casting ballots by mail before the single ballot issue presents a couple of fice in even-numbered election years are the people whose jobs are arguably depen- rest of the public realizes what is at stake. problems. For one, it isn't clear who the the principal way of getting the Legisla- dent upon tourism. Monaghan estimates Whatever else this election is, it is the proponents are. Meyer says it is the people five Council summary of ballot issues dis- that perhaps 115,000 people hold tourism- first time there will be a statewide vote on responsible for the issue being on the bal- tributed. related jobs covering the full spectrum a tax issue under the terms of Amendment lot. In the case of the tourism tax that The campaign to keep the so-called from resort workers to those in transpor- 1. It is doubtful it will attract organized ' means the legislature which voted over- tourism tax promises to be unique. The tation, food, lodging and retail. opposition. Much more likely is that it will whelmingly to put the issue on the ballot. committee supporting it is called Tourism Each sector will have what is called an be opposed because it favors one industry Just the other day, however, Speaker of is Everybody's Business and one of its slo- affinity group. Eventually individual busi- group over many others, and because if ~ the House Chuck Berry said he doesn't gaps is "Let's keep a good tlri»g going." nesses will call meetings of their workers using tax dollars to buy advertising is seen consider the legislature to be the "propo- Both of these phrases point to the central to ask them to support the tax issue by as a useful exercise the legislature can ap- nent" and there are no plans for the legis- problem supporters have. They must con- recruiting five other supporters. This kind propriate such dollars. Putting the issue nature to submit arguments in favor of the vince the voters that the t.ax is producing of pyramid structure will only work if. a back in the general budget has the addi- tax. ~ the promised benefits. '1'Irc problem is that lot of low level and relatively low-paid tional advantage of providing for annual Berry pointed out that a number of leg- there is no way to conclusively prove that. workers ai•e convinced the .passage of the review. The way the ballot issue is ~ islators ma ersonall o ose the tax One of the rrnci al strate ist5 workin tax is important to their futures. phrased, the tax, if approved, could last t. Y P Y PP P~ P g g forever. _ and merely voted to support its submis- on the campaign is tlrc ulrigrrit.ous Jim Ttre task of the political committee is to Sion to the voters. The issue of who is an Monaghan. Monaghan has every reason to convince them of that fact. The trick is to Even in this odd election year, forever ` opponent is even more tricky. Meyer said want to keep the tax, since Iris prrtrlic rela- do that without stepping over the line and is a long time. • ~ TP~~ ,f'O 4 O O O _ a o a+~ n ,n ~ ~ ~ ~~s~ V~~~~ ®~~®w~~~s Ass®ciA~~®~9 I~~o ° Urricras: Patisioen-r -Bob Galvin Secr~rnRV - Gretta Parks TaF.nsuar•.n -Patrick Gramm xC ~ re lliarcraas_ -Dwight Bessrticr -Dolph Bridgewater -Ellie Caulkins -Ron Langley -Bill Morton -Connie Bidder s~«~ t To: Members and Village Property Owners Owners the drip easement adjacent to their ~ building. The Golden Peak House Special De- ~ From: Bob Galvin, President velopment District application remains Pend- ~ ing before the Planning and Environmental ~ Date: August 30, 1993 Commission. ~ In the latest proposal the eastern wing ro RE: S~'A~'IIJS ~P®~8T of the redeveloped building will project three feet into the Vail Village View Corridor. The The following is a summary of the on- central portion would encroach from 4 to 17 ~ going activities of the Homeowners feet. The west wing would encroach from 9 Association, to 11 feet. Allowable Gross Residential Floor Speenafl 1<?eveflopueeent Distgict Apple- .Area (GRFA) will exceed the zoning standard cations: There has been a marked increase in by 151 percent. The building presently ex- Special Development District applications ceed~ the GRFA ma::iir~um standard by ? 8 throughout the Town of Vail. The Planning percent. Height limits will be further exceed- Commission and Town Council have requested ed. The present building already exceeds that the staff continue it efforts to reform the height standards. Site coverage would exceed Special Development District legislation. Ac- the zoning standard by 15 percent. Because cording to the Director of Community Devel- the building predated the adoption of zoning - opment, the deliberation will proceed in the standards, it would be allowed to rebuild to its Fall with the Planning Commission. The rec- original configuration, if the building was ommendations of the PEC will be forwarded to destroyed. the Town Council, after the Town Council The public hearing process resumed elections in ]November. with a work session before the Planning and It has been the consistent position of Environmental Commission on August 23, the Homeowners Association that we will 1993. At the work session the proposed design oppose: failed to gain support from a majority of the planning commissioners to allow an encroach- ~ Exceeding established zoning ment into the Vail V illage V iew Corridor. The standards. proposal is scheduled for a vote by the Plan- ~ Incursions into established or proposed ning and Environmental Commission on Sep- view corridors. tember 13, 1993. ~ The granti^.g of speciwl privilebe, ^.ot Vail Athletic Clu9~: In ari informal de- generally available to all property cision, taken at a work session in July, a ma- owners. jority of the Town Council gave their consent ~ For existing buildings, any provision that to consider a significant parking exemption for would cause an already exceeded zoning the Vail Athletic Club. Their willingness to standard to be further expanded. consider the exemption request, implies that they will consider the expansion of the VAC as None of the following applications for a Special Development District. SDD's in Vail Village conform to the policies A majority of the Town Council condi- expressed by the Homeowners Association re- tinned their consent. Their condition requires garding Special Development Districts. that an expansion of the building must increase ~G®ldeeb 1Pea1~ >EI[oease: Clark Willing- the number of available hotel rooms on the ham has obtained a signed contract from Vail property. Associates to sell the Golden Peak House PosT OrricF Box 238 VA1L, COLORADO 81658 2 East Village Homeowners Association, Inc. As with the Golden Peak House and entire pazk is to be completed over tl~?e winter Cornice Building .SDD applications, the VAC with construction to commence in the Spring. substantially exceeds existing zoning stan- Construction of the courtyazd. portion dards. At the time of its approval in 1977, the of the Mill Creek Court Building laz?dscape present building was given a favorable status plan has been completed. Additional streets~- by the Town Council. This status resulted in cape improvements adjacent to the building on the granting of several significant variances Hanson Raneh.Road and Gore Creek Drive that allowed the building to include a major will start next Spring. athletic club. The inclusion of the athletic club Streetseape Ordinance: The Town caused the building to exceed zoning stan- Council has approved an amendment: that will dards. At the time, the athletic club was protect and encourage privately financed deemed to be a highly desirable and essential streetscape improvement on public property. asset for the community. Since, that time oth- The Town of Vail through revocable right-of- er major indoor athletic facilities have been way agreements allows property owners to use built in the community. public property for streetscape improvements. The VAC Special Development Dis- Should the Town of Vail require a streetscape trict will be returned to the Town Council sub- improvement to be removed from public prop- sequent to the Planning and Environmental erty, that was financed by private funds, the Commission deliberations on a revised amendment gives protection to the finding proposal. property owner. . Cornice Building: The proposal for The amendment sets an amortization the Cornice Building SDD (the small building period of eight years in which a diminishing on the corner of the Blue Cow Chute and Vail proportion of the cost of constructing the im- Valley Drive), while smaller in stature, is provement will be rebated to the property own- closely equivalent to the VAC proposal by its er who financed the improvement. The degree of departure from zoning standards. rebate includes the cost of materials and may Subsequent to a tepid reception, at a work ses- include labor as well as design costs.. The sion before the Planning Commission in June, Town Council will set the terms and condi- the application has been tabled indefinitely. tions of the agreement for each project. Provi- View Corridors: The View Corridors sion for maintenance of the improvement will Task Force has completed its tour of potential be included in the agreement. view corridors. Several walking tours were It is the intent of the amendment to conducted to identify potential view corridors. protect property owner investment of private The merits of each potential view corridor will funds in streetscape improvements on public be discussed when the Task Force reconvenes property. It is hoped that the provision will its deliberation in September. The proposed quicken the pace of streetscape improvement East Village View Corridor will be included in throughout Vail Village. the review. Interstate 70 Lid: An effort continues Ted Kindel Park: The first~phase of on the pazt of a private investment group to improvements to Kindel Park are scheduled to promote the idea of building a concrete cover begin in the near future. The Town of Vail over the portion of I-70 from Vail Village to has hired an engineering company to design Lionshead. Promoters have requested to buy erosion and flood control structures for the the air rights over I-70. It is their interest to portion of Mill Creek that runs through the obtain zoning from the Town of Vail for an park. Construction of stream improvements as-yet-to-be-defined development. will begin this Fall. A landscape plan for the ' 3 IEast Vaflflage ~o~a~o~van~rs Association, ]lac. Because the I-90 right-of--way is for the that have yet to be proposed by the school dis- most part owned by the State and Federal gov- trict, college district, Eagle County, and other ernments, concern has been expressed that the special improvement districts, are: I-70 proposal may have~an affect on defending against undesirable Hand exchanges on neazby ~ A property tax increase that is a one United States Forest Service lands. time property tax assessment to finance The advocates are persisting despite a construction and endowment of the high degree of local skepticism and potential proposed Vail Cemetery to be located in fierce opposition. The proposal receives wide West Vail. spread attention from the regional media. © A Town of Vail ballot initiative will The Homeowners Association is monitoring include a provision to remove spending the progress of the proposal limits on all revenue sources presently B'ax liuaitiati~i~s Ell~~tioans: The Vail restricted by Amendment One. The Town Council has adopted a resolution of sup- proposed initiative will still require voter port for the proposed Vail Valley Performance ~ approval on all new tax initiatives, and Conference Center. The resolution will incremental property tax (mill levy) cause a ballot issue to be submitted to the mu- increases, and bond issues. nicipal electorate asking for the approval of a new tax to be levied upon restaurants, bars, Amendment One is a state wide voter and lodgings. Proceeds from the new tax will initiative adopted by the electorate in Novem- be used for the construction of the center. The ber 1992. The constitutional amendment puts cost of the facility is estimated to be additional tax and spending limitations upon $22,000,000, local and state governments. Voters in Com- The new "Bed and Entertainment" tax merce City, a suburb of Denver, in April 1993 leads a list of other sales tax increases being adopted a similar resolution limiting the au- actively considered for inclusion on the No- thority of Amendment One over its sales and vember general election ballot: If all sales tax use tax revenues. initiatives are approved, there will be within Amendment One allows, within certain the town of Vail tax increases in the following limitations, for a voter approved revenue amounts. change. The Town of Vai] ballot initiative will encompassed a wider spectrum of tax 1.8 % tax on lodgings revenue sources exempted from Amendment .9 % tax on restaurants and bars One, than the Commerce City initiative. 8 % IVTarketing Tax Because of possible voter confusion .2 % State Tourism Tax: and negativism due to the plethora of tax ini- .5 % County Transportation System Tax tiatives, Eagle County and Vail officials have 4.2% Total agreed to separate balloting procedure. Eagle County will for the first time hold its election The present sales tax level in the Town through a mail back ballot. Two weeks later of Vail is 8%. The new taxes if all are ap- on November lb, the Town of Vail will vote, proved would increase the sales tax level by conducting its election in the conventional over 50%. The State Tourism Tax is a state- manner using the polling place method. r wide ballot initiative. The Transportation Tax The financial implication for property is a county wide ballot proposition. owners could be significant, particularly for Other tax related ballot initiative those who depend on short term rentals of their known at this time, besides other tax matters units. There are broader issues that could have 4 East Village Homeowners Association, Inc. an effect on the community's economic com- 1950's: $36.53-$52.57/sq.ft. petitiveness and vitality. 1960's: $13.64-$17.60/sq.ft. . Tax Assessment Study: An analysis 1970's: $15.08-$67.24/sq.ft. of Pitkin County's assessment information ~ 1980's: $40.83-$316.90/sq.ft: shows there is a substantial differentiation in 1990's: $145.94-$456.29/sq.ft. value based upon the age of a structure. The . . Pitkin County Assessor's office provided in- Additional research is being conducting formation, that is a summary of the square into this matter. footage valuations of buildings in the Town of Annual Community Survey: The Aspen, for "unqualified" real estate sales be- results of the 1993 Community Survey shows tween 1990 and 1992. An "unqualified" sale that the concerns of the Homeowner Associ- is an arms length transaction that has no un- ation parallel those of the broader community. usual conditions or circumstances that would The Community Survey is conducted annu- unduly effect the amount.of the sale. ally by the Town of Vail. The 1993 survey Square footage valuations are based sample consisted of 1,043 interviews, 943 ob- upon the "Effective Year Built" of the build- tained by mail and 100 conducted over the ing and the overall quality of the structure. telephone. "Effective Year Built" refers to the year the All municipal departments received structure was actually built or substantially above average rating. Notable exceptions remodeled. regarding specific service areas, the Public In Pitkin County, valuation of each Works Department received a greater percent building for tax purposes is consistent with, or poor than excellent rating for street repair and within 15% of the actual sales values. There- maintenance.. The Community Development fore, the square footage valuations appears to Department received a greater percentage of be a possible reflection of the "Market Value" poor than excellent rating for the areas of of buildings in the Town of Aspen economic zoning enforcement, building permit plan area. review, and development review assistance. According to Pitkin County Assessor, The Community Survey fails to identify the Tom Issac, the County's method of arriving at specific causes underlying the respondent the appraised value is in accordance with Stan- concerns. dard appraising techniques and methods. The Referring to the development review Assessor's appraisers use the same approach to procedures, the consultants who assembled the calculated market value as those in common survey data stated that a selected group of use by private appraisers. respondents, selected by the Town of Vail, The forty-six real estate sales listed on known as the focus groups, "...indicated that the Assessor's office report are distributed the review process has become too throughout the Town of Aspen. The area in complicated and needs to be streamlined." which a building is located will have an effect The survey narrative says, "It was also upon its appraised value. The buildings listed commented that people have been driven out in the report reflects a diverse spectrum of of the Valley because the process and costs of location and quality. processing are overwhelming." There was no The following is a summary, grouped statistical data presented in the Community by decades, according to the "Effective Year Survey that substantiated the anecdotal Built," of the valuations for structures .and .comments by the focus groups. _ ~ . condominiums subject to an "unqualified sale" The dissatisfaction of the respondents in the Town of Aspen between 1990 and 1992. with "zoning .enforcement" could be a 0 • 5 ]East V1111age H®~ne®~~~~ Ass®c1at1®n, l{nc. reflection of the Homeowners Association's their efforts to improve the parking and truck concern that there appears to be a bias in town loading facilities in Vail Village. government that favors development interests Consideration for the location of underground over the consistent enforcement of zoning pazking structure on the P-3 ~i J sites and standard, i.e., Special Development District, subsurface truck loading facilities on the The significance of "density/growth controls" Lodge at Vail Land Exchange Site continues as a priority focus can be interpreted as an undiminished expression by the respondents that they do Vall IVIountaln Master Plan: not believe they are adequately protected by According to Bill Wood, USFS District the Town of Vail's enforcement of land use Ranger for the Holy Cross District, Vail controls. The lower rating for "development Associates and the USFS are working jointly review assistance" may reflect the belief that on the IVlaster Planning study to expand skiing the staff s review, recommendation, and terrain on Vai11V1ountain. Both Vail reporting proce3ures, to the vazious review Associates and the USFS are hoping to avoid boards and Town Council, do not give a the time consuming and lengthy process of balanced or timely analysis and accounting of preparing and reviewing an Environment concerns raised by property owners. Impact Statement for the proposed expansion. P-3 ~ ~ Sates anal ~'rueH~ Parl~ng: The EIS process requires the detailed analysis According to figures provided by the Town of and study of "off site impacts." Vail, traffic volume through Check Point The concern for certain "off site im- Charlie during the 1992-1993 winter season pacts" on the part of the Homeowners Associ- was reduced from the previous winter season ation were summarized in a phone by 51,281 vehicles. Several complaints were conversation with District Ranger Wood earli- made to the Homeowners Association er in the year. The "off site impacts" include regarding increasing traffic congestion traffic flow and congestion, parking, use of problems in the East Village. The recreational open space, and other similar Homeowners Association has asked the Town issues. Council to make improvements in the control Private discussions of a preliminary of traffic circulation and truck pazking in the nature have been held with the Vail Town East Village for the coming winter season. Council, Vail Associates and the USFS. There The Summer traffic control schedule is is concern that the USFS, a regulatory and en- essentially the same as the winter schedule. forcement agency responsible for the oversight Traffic control authorities have permitted of Vail Associates' activities on public land, is business owners a one hour extension in the jointly participating in the preparation of the . morning for deliveries for the summer. master plan for the expansion area. Delivery vehicles must leave the Bridge Street The outcome of the expansion area area by 9:30 a.m. planning effort will directly effect the Home- Trash removal trucks are to enter Vail owners Association membership area. It is Village by 7:00 a.m. and leave by 8:00 a.m. highly probably that the off site impacts of the According to the Town of Vail, there are no proposed expansion will have an effect upon specific time restraints placed upon trash covenants and zoning issues. According to lo- removal tracks. The Town of Vail relies upon cal newspaper sources at build out, the new the voluntary compliance from the waste ~ skiing terrain and lift system could handle ap- management companies. proximately 1,500 skiers a day. Vail Associates, the Town of Vail, and - The Homeowners Association has tak- the Homeowners Association are continuing en steps to notify Vail Associates, the USFS, 6 East Village Homeowners Association, Inc. , . and the Town of Vail that it desires to be a and exit driveways could increase congestion party in the review process for the planned ex- at high traffic peaks during the ski season on pansion. Further, that it expects the planning Vail Valley Drive. process to address in detail the off site impacts Open Space Program: The Town of upon the Vail Village, Golden Peak, and Mill Vail has embazked upon an extensive effort to Creek Circle neighborhoods. update it open space comprehensive plan Golden Peak: It has been reported that documents and applicable zoning regulations. Vail Associates has retained a Colorado based The Town efforts are proceeding along two landscape design firm to undertake the master sepazate but interrelated tracks. planning of the Lionshead and Golden Peak According to Town of Vail documents ski base areas. The firm is presently prepaz- the Comprehensive Open Lands Plan objec- ing an open space comprehensive plan for the tives are to: Town of Vail. Vail Associates leas-.received approval • Idcntify citizen needs and preferenecs from the Town of Vail to construct a new for a comprehensive system of open building as part of its existing ski base facility. space uses such as: parks, recreation, The new 1000 square foot, two story building protection of environmental resources, will be used for a convenience facility and ski trail, reserve land for various public storage lockers. purposes. An application has been filed with the • Prioritize available open lands for Town of Vail by Vail Associates, to change acquisition or protection. the configuration of the Golden Peak Bus • Identify creative strategies to implement Stop. The Town of Vail is a co-applicant with the acquisition and protection program. Vail Associates, as the Town owns the land • Define a management system to where the present Golden Peak Bus Stop is appropriately manage town-owned open located. space lands. The proposed plan would relocated the Town of Vail Bus Stop to a site near the The second aspect to the Town of Golden Peak ski base building, on the corner Vail's open space efforts is to amend zoning opposite the North entrance to Manor Vail. regulations to regulate further the uses that can The present bus stop location will continue to occur within open space zoning districts. The be used for skier and Children Center drop off proposed zoning amendments are presently parking. being considered by the Planning and Environ- The application included a plan to con- mental Commission. vert the tennis courts located west of the Gold- The Planning Commission is consider- en Peak ski base buildings, during the winter ing changing the zone district designation for months, to a skier parking lot. The purposed many of the open space tracts. The process parking lot will provide for the pazking spaces of changing the permitted, conditional, and ac- lost, due to the relocation of the bus stop, as cessory uses within a zone district, will be fol- well as increase the amount a parking avail- lowed by changes to zone district designation able at Golden Peak. The tennis courts will be on specific open space tracts. Using this ap- resurfaced to be made playable for the summer proach, the Town of Vail can tighten or lib- months. eralize the activities that can take place within The increase in available parking may existing open space zones. have an adverse effect upon traffic congestion The Homeowner's Association is moni- on adjacent streets. The increase of entrance toting the progress of all aspects of the Totivn D y 7 ]East Village Ill[®Bne®wne~s Association, )(nc. of Vail activities regarding this subject. The ~ Within its resources, the Homeowner's outcome of the planning and amending process Association is pledged to provide technical ex- could have far reaching impact on how critical pertise to monitor and evaluate development open space tracts are to be used. proposals. It continues its efforts to evaluate ~Ommunica$i®n§: The implications and participate in the formulation of planning of the changes that are being contemplated by policies and land use legislation. It is ex- Vail Associates, the Town of Vail, and the panding its data base and communication net- Federal government for Vail fountain and work with property owners, elected officials, Vail Village aze critical to the interest of prop- community leaders, and the general public erty owners in the affected neighborhoods. To (Vail electorate). effect a favorable outcome on behalf of neigh- I~[eanbe~ship: The membership goal borhood property owners, it is necessary to for 1993 has been reached. Memberships for have the ability to understand and respond to 1994 are available. The participation and re- complex and often highly technical issues. presentation of new members is important. The public hearing and review process, will Therefore, new members who join prior to the in itself, be time consuming, technically rig- end of the year will be credited for the remain- orous, and demanding. der of 1993. The response to the availability More than any time in recent memory, of 1993 organizational membership for con- there is a need for the diverse property owner dominium associations indicates that individu- interests throughout Vail Village to under- al memberships are preferred. stand and communicate among themselves, so Membership renewals for 1994 will be that the qualities of the azeas' neighborhoods due by year end. Annual dues are ~ 1000. can be protected and preserved. The impasse The annual election of the Homeown- in management at fanor Vail, representing er's Association Board of Directors is sched- 38% of the land ownership in the Golden Peak uled for November. The Annual Membership covenant area, creates an even more critical Meeting is scheduled for December. need to consolidate neighborhood leadership. Those village property owners inter- It is essential for condominium associ- ested in becoming members should contact ations to encourage their most experienced Membership Chairperson, Ellie Caulkins leadership and management to join with neigh- (Telephone: 303-333-4483, FAX: boring property owners to defend and protect 303-388-8418) or Association Administrator, their mutual interests. Those responsible for Jim Lamont (Telephone: 303-827-5680, FAX: guiding decisions are encouraged to communi- 303-82'7-5856). cate with the Homeowners Association: The Homeowner's Association has established the President's Committee as a forum for commu- nication between property owners, available to those involved with mediating the issues of consequence that azise in the coming months. Property owners should remain alert and keenly aware of proposals that are being discussed. For the next eighteen to twenty- four months particular heed should be given to public notices received from the Town of Vail or published in the local newspapers. SENT BY~EAGLE COUNTY ; 9-21-93 ; 915 ; 3033267207-~ 3D34792157;# 1I 2 September ~7, 1993 - 8:28 . ~ EAGIf COUNTY BWl I]!NG - 5S I BftOAUWAI' C1fF1CE t)F THE ~ e.a. BOIt 850 BOARD OF COMAAIS51ONEIZS EAGLET COt,ORAUO R 163 t (303) 3~R•6805 •r`~•~ " FAX: {303) 326-1207 • .iY{:'tit ...i:• In~~mI~gg,~~+~o~ g.+~~ pppppppp rppr~~ ~(//y~~yy AppA ~~gg~~_)) r A~ ELI ~E~~~~~E~ a a a is a~ CS a sf to tt o~ n a a w N e tt m r es G tt ea a m## tP tt a a~# q ~5:~®- ~~:QDtD ~ilDRK SE$SIO1[il - ilV~EltLV <3Pl~~,VE Mt of !fw Hvly Guae Room Jack D. Lewis, County Manager I ~~:~D - 'ilm:~;9 ~~dfAADt adB:9 ~ ~ 9 ~ s'~ S ~lQ~F11C SESSI~M - PER1CFIlt9G ~.9~"iGe4'TIQIl9 Iwt cf uw Hon, Goss w>am Jam®S Fi, E=ritae, County Attorney 9 ~ ~ - 'p~:D~ f11/~F~'i~ $B$Sl~l~ - flflEE~etllCaS ~-r-P~~®E~ Mt of tho Holy Goss Roorn ~9:3~ - ~~:3Q I~~)ARD Q7F SOS{AL SE#tafiC~S F.npln founty Room Kathleen Forinash, Darector Of SQCie{ Services - 9D~:4S CdRiSi:~T' GAL[#;~®AF~ Eag1o County Roont Itoma of a routine arut nomrnntrcw[asial n~raa ~a Plocod on tF,s content nnlandeY t0 allow the Ooord of ~uunty Consrrissionera to eperW its t'nno and energy on mvra impvrten4 ilnma on o b~dty epende. Any Convnisaioner may roquset that en i4em ho 'REM4VEU' from thg CortBent cdmrdar and CDnaidarad aoparetaly. Rsry r of the pub6o nvry "~gUE9T" any Barn bo 'REMOVED" fiarn tiro Conoen4 Agarda, 7. BlaL ~I~1fDf~l~x Linda pankuch, Accounting Mark Silvertharn, Controller A~'~I~i~: Approval subject to review by the County Manager. • 2. 1f'+~`~ROLt. FOiR SI;P~~i~BE6~ ~Or 1 Jack Lewis, County Manager AC~°l~i~l: Approval subject to review by the County Manager. SENT SY~EAGLE COUNTY ; 9-21-93 ; 916 ; 30332872071 3034792157;# 2! 2 .s a 3. fRES4~LL9T9Qit9 COi~FEI~RIht(~ P~Vyl:l~ ~F .~7'TOR6i9EV 9JPON1 .D~aMES 6t. ~tt~1= T~ ~~3A~V UP0119 LiyTTE~t ~F C~6DIT ~1LJ6yd13E~8 '377-~~8 I"~R STE~'tL1lttCs limI1~ES, ll~C Don t=l~sster, Raad and Bridge Supervisor ~C'~ICi~R: Consider spproval. f9ESCLIJT11Jl\l ~QIV~1=~iyF,ilRpl~tp°sypipCl~lfEEd fie" (~A'''Ty'T~EiIVEV~'e~UyROiyl~-1 ' JAIilIES V$e 0=11 9 Tied' I1./PIFO VV ~~'V~ ~ta9 1 ~R ®F 'MC9~®I U V~l@)II~[SEFt 377-~0~1 F~DR JAI1ftES F. CO(~?1`RF®Fll7, JR Don Fessler, Road and Bridge Supervisor ACTlChl: Consider approval. AGREEil~Eh9T 13ETVVEt~ E£e4C~LE COUNTY ~iNti I~A1iuS~36~ EEirl'ERI~RISI:S FCR IUTAiItUFACTl1F~IA1t3 AND F'RCL7LICl'1QN iF~F3 ELECTI9N SErRV1CEs Sara Fisher, Clerk and Raaordsr A~TI~~1: Consider approval. - ~2:5~ A. CCL[LATEI~ALI~~?TI0149 ®P FILII~Cs IPHASE '8 OF f:o01e county Room G®RlaILLERA $11BDI~1Sl0il9 ~ LIFT11~~a ®F PLAT F{ESTFtIGTI(~e~tS iViary Jo Bera~na4o, Deputy County Attorney a4CTIU~1: Consider approval. 0$. II~TEFICOVERIV11flEl'd'TAL AGREEIyiE~1T FUR FIFTH. JUC31CII4L D1STR8CT J9JVEN10_I; SERVICEa PLi4~9Ml~t~ CQl~IytITTEE James R. t°a•itze, County Attorney ~~/qq degg ppg~ ,,ryry,,~ rtrt~~}}gqAGTIC~r Conside~rya}p~ptprotyvt~2~/1~. ,~a~ p pp 'ory /y /~Yy/~ t~ ryq {_~~p p y/'?p~ W'eL:i.V~ - YC ~.V\/ ~ RE~~`.V 1 ISpltl (-f3V'IdLf'111VIIItltB 4./4' 1 \J~~I9 L t ~f1PII~tlJ SS fU EsQle County Room OCTOBER 3~, 13J$ ~1S I$ED RIBBQN ~11EEI~ Jack Q. LeuviS, County Manager c~CTICf~l: Consider approval.• O~:tiBO - QD3:3® 31aEAlE ~3:3~ - ~~:30 liilORit SESSION - VAIL VALLEY FOUIVI7ATI®N WUFtl.C~ Mt o} tha Holy Cross flown ALPIhIE SKI C1~1141VIF'1®I~SH1P'S - OF$ILI~ Q:ARI= John Garnsey, ~~:3~ - ~4:~ r OPI~I~1 fl~EE'1'IN~a Ee®la CwtMy Room ~~:~5 - JAIL I1t9~8~ECT'10Eifl Eagle County Juaiioa Cantor ' TF~ wexT Iwr~rwG t7F THE EAGLE COUNTY oorannissloNeRS wlu BE HELD UN SEPTEMBER fig. 7 993 THIS A~fiUA Is PROVIDED fl7R INFORMATI~IAL PURPOSL•S ON6Y - AtL TIMES AkE APPR4XIMhTE. THE BOARD YJFIILE IN SESSION PnuY GONSIDl7i ottir7i ITEMS THAT/1RE BR9UGHT BEr4R{; R. DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND JANEIL TURNBULL MARY LAWRENCE MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCHOLL JODY DOSTER JIM HOZA DAN STANEK ANNIE FOX cn.n_D:E'F0~ LEO VASQUEZ JOHN GALLEGOS JOE KOCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND KEN HUGHEY MANUEL MEDINA TODD OPPENHEIMER TOM MOORHEAD P.W. INFO. BOARD FILE MEMORANDUM T0: LARRY GRAFEL, ACTING-TOWN MANAGER FROM: GREG HALL, ACTING-DIRECTOR OF PUBLIC WORKS/TRANSPORTATION DATE: SEPTEMBER 20, 1993 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF SEPTEMBER 20 - 24, 1993 .,:::::,.:::::::::::::::::::::,:.:::.:.....:::::::.,:.~.1-~--........::::::::.:::,:::.:::. ..::::......................,...:::::::::.::::::;,.:.::.33}•-}•:::::::::::::.~: :.::::::.~:::::::::.:333:;•:::::::::::..... r.:.. Fl. r. :::::x:::::: :::::::::::.:.n~.:..................F.w.~::::::4::•}:i.}}:S .r. f Y'v :f..fnr r.::.x : +?•:}}3 :::.::........:.........::v.............. :/.....r:.:r. h~..v ~LFry}F,... r. ....:...................:'.::::4:~:::.::::::::::::: ..r...... r... f;r. rr-. ;;:;n....... / r r.. f.: v:::.~ ::r/..~rfF.fl.... : ..............r......:...a:.:.. . ::...::::::.....::.3.:::::. ..:....:....F:•:. :t. r. Jam..... r:.. .y ::....::H: ~ .......3333;.:_:...::.::::; .:fv::::l:J.:i::l/1::./r/.~.y::.; r.: .:::::F~. f•./r.,~~.::} .F: v x::F C}}::::: :..f:::::::.1 ~:::ii:::iJil}}:::::.... •r._.-::.t •r:/.::i'.: .r ........:.::r::: n/:: v::..:... ,r,.........: }l:.l:::,.:, ....:::.:....::.::.i.,,.._3.,,..,::::::: .,.,..r~ < :•:.;:..•.:'}t}..:.-'.%.F' .~':~~r liii;'•.f/,.f'::.:,.,..,::"rt'.[.•'nt•r.'?^."'^.`'::{'~fS'f.Fr{.~. i:.....:.'i'fi..: rrl lrr STREETS AND ROADS A. 1. Remove and transplant trees from Police Department to East Vail. 2. Asphalt paving: a. Pave lane along Holiday Inn. (110) b. Overlay Vail Valley Drive (Gold Peak). (110) c. Install invert & basin on Lions Ridge Loop. d. Install pan at Stephens Park. (30-9081) 3. Concrete projects: a. Install concrete pad for slide at Bighorn Park. b. Install 3 chaise sections at Bishop Park. 4. Apply finish coat on Sewer Plant Bridge. (30-9082) 5. Assist contractor on Slifer Fountain repair - meeting on site Tuesday, 9/21 at 8:30 am. (511) PARKING STRUCTURE/TRANSPORTATION A. 1. Remove and replace expansion joints at Lionshead. 2. Wash down Village structure. 3. Work towards final inspection for locker room. 4. Contract with welder to fabricate screen to block use of Circle K Bus Stop fireplace. 5. Assist with Town Manager residence's remodel. 6. CASTA meeting and Bus Roadeo in Greeley from Saturday, 9/18 - Wednesday, 9/22 for bus personnel. CARPENTERS A. 1. Replace slide/swing at Sandstone Park. (30-9080 • 2. Perform totem pole repairs. (600) r PUBLIC WORKS PRIORITY LIST Page 2 CARPENTERS (CONTINUED) A. 3. Construct bus shelters: (52~) a. Reconstruct Juniper Lane. b. Red Sandstone. 4. Perform street sign maintenance. (600) 5. Repair grade at Sandstone Park volleyball court. ELECTRICIANS A. 1. Perform line locates as needed. 2. Continue Sonnenalp Street Light Project. 3. Hook up vacuum at bus wash. 4. Order parts to hook up radial table saw at VTC. 5. Install low voltage system at Police Department monitor system. 6. Investigate fresh air supply fan motors at Village & Lionshead TRC. 7. Order and install electrical supplies for Town Manager's residence. 8. Investigate the possibilities of changing MR16 to a larger voltage at art mural. 9. Check inventory on street lights. PARKS DEPARTMENT A. 1. Aerate lower bench Ford Park. 2. Complete landscaping at East Vail Parking lot. 3. Begin design work at Bighorn Park. 4. Extend irrigation pipe in South Frontage Road berm for "Trees for Vail" project. 5. Trim willows covering recreation path sign off Vail Valley Drive. 6. Transplant tree from Muni Bldg/Police to East Vail Parking lot. 7. Schedule meeting with Gore Creek Promenade shop owners. 8. Shut down and salvage equipment from Gore Creek Promenade irrigation system. 9. Begin construction on Gore Creek Promenade on Monday, 9/27. 10. Pick up manure from Silverthorne. 11. Order rubber matting for Bighorn Park slide. 12. Run drip line at East Vail parking lot. GH/dsr September 11, 1993 Page 1 of 1 WORK SESSION FOLL0IN-UP ~'OPIC iQVEST90NS FOLt.OW-vP SOLt9T90NS 1991 11/i9 NEWSPAPER VENDING MACHINES TOM M./JIM C.: What can be done to make these uniform Postponed to late fall. and locations less prolific? 1992 11/10 COUNTY REGIONAL MEETINGS i Next meeting to be announced. 1993 63/16 AMENDMENT 1 COMMUNICATION STEVE B.ISTEVE T./HOLLY: Develop timeline and plan to Council has received election calendar from Holly. Staff is scheduling STRATEGIC PLAN reach all "organized" groups within the TOV as well as public meetings with local groups and is currently compiling a list of general publicldevelop education tools for group potential "involved" citizens. representativesladdress issues through elections prolcon piece. _ _ 04/27 NOTICE TO TOM M.; Notify both county offices of the Town's interest in TREASURER'S/ASSESSOR'S receiving all notifications of land tax sales in the county. OFFICES _ 08110 LETTER TO WARREN GARBE LARRY G.IRUSS: Draft letter reiterating any land trades and/or water rights exchanges must continue to be "owned" by a Vail entity. _ _ _ 09107 COUNTY REGIONAL LARRY G.: Submit names as follows, along with TRANSPORTATION TASK FORCE reconsideration of the disproportionate representation on this committee: Peggy, Tom S. (alternate), Mike Rose, and if the Commissioners decide to allow us 6 reps, Rob Levine will assume the "6th" position. 09/i4 BLUE PARKING PASS COUNCIL: This discussion will coincide with Public Works CONTRIBUTION POLICY budget presentation on Thursday, 9130193. 09/14 HOMESTEAD ACT TOM M.. Research how other resort communities are handling this issue... begin with Aspen? VAIL TOUVN COUNCIL T~~JIi~AE y ~~~°aTII:~Y18l1EH"L ~a~l,pyw19.7®oY ®~a C .®V ~.®tlY. 88CI T®tl 'L®Cd 8r60~1` '~OIT-E/w~®~9'~~7 ~9~~IV®(P4 1. Executive Session: Land Issues. 2. CITIZEN PARTICIPATION. 3. Ordinance No. 20, Series of 1993, second reading, an ordinance submitting to the registered electors of the Town of Vail at the Regular Municipal Election to be held on Tuesday, the 16th of November, 1993, the question of whether the Town of Vail should be authorized to collect and spend the full revenues generated including reduction in debt service during 1993 and each subsequent year [which amount does not include revenue generated from ad valorem property taxes without any increase in such tax rates and to spend such revenues for debt service, municipal operations, and capital projects, effective January 1, 1993; authorizing the Town Council to adopt annual budgets and amendments thereto to implement the approval of this referred measure; setting forth the ballot title; providing for notice of the election; providing for conduct of the election; providing further details in relation to the foregoing. 4. Ordinance No. 22, Series of 1993, first reading, an ordinance submitting to the registered electors of the Town of Vail at the Regular Municipal Election to be held on Tuesday, the 16th of November, 1993, the question of whether the Town of Vail should increase annually by the imposition of a new tax of 0.9% on restaurants and bars and a new tax of 1.8% on lodging beginning on January 1, 1994, and each subsequent year producing approximately $2,100,000.00 in the first year; the annual revenues shall be designated exclusively for the construction, marketing, and operation of a performance and conference center; authorizing the Town of Vail to increase debt up to $12,600,000.00 by issuance of negotiable interest bearing bonds for the purpose of providing the construction, marketing, and operation of a performance and conference center; providing for the sunset of such portion of the tax increase that is no longer necessary to service the revenue bonds; setting forth the ballot title; providing for notice of the election; providing for conduct of the election; providing further details in relation to the foregoing. 5. Ordinance No. 23, Series of 1993, an ordinance amending Sections 3.48.130C and 20.04.370 of the Municipal Code of the Town of Vail to provide delinquent taxes and/or assessments to be certified to the Eagle County Treasurer no sooner than October 1st of each year, and declaring an emergency. 6. Appeal of a DRB Decision for the Stu Brown Property, Lot G4, Lionsridge 2nd Filing/1330 Sandstone Drive. Applicant: Stu Brown. Appellant: Vail Town Council. 7. Adjournment. 1 ~J N®T[~ G'~I~VISE® MEETING STAFIT TIMES BEI_®1N: TP~[Ed~E ~1lI1..1_ BE ~ SI~ECIAI_ VEIL T®1iVN C®UNC1~ BI.1®GET @NOFIK SESSI®N ®N Tt11~RS®AY, 9/23/93, BEGINNING ~T 6:00 P.M. IN T®V C®IDNCIL CIiA?MBEFIS. THE NE3~T V~II_ T®~ilN C®UNCII. B~EGU~~?1~ V/®RK SESSI®N ~il111_I_ ICE ®N T0,9ES®Alf, 9/21$193, BEGINNING AT 11:00 ,~?.M. IN T®V C®UIVCIL CH~MBEFiS. TI~1=RE @~!I@~Q. BE ~a SPECI~a~ !/AID TC~i~/N C®~JNCIIe 139®GE~ V'V®RK SESSICN ®N TH~RS®AY, 9/30/93, BEGINNING AT 6:00 ~.M. I8~ T®V C®IINCI~ CI-Ip?11116EI~S. TB~E ~®fl.0_®F~VING VAlle T®!~N C®IJNCII., REGI,9~A~ VVCRK SESSION WIID_I_ f9E ®N T0,9ES®AV, 10/5/93, BEGINNING AT 11:00 A.M. IN T®V C®11NC1~ CHAMBERS. THE 0=®I_I..®li~ING !lAID_ T®Y~N C®B,IFICIL REG~~AR EVEI~IING MEETING V~IQrO_ BIE ®N TEES®A~f, 10/5/93, BEGINNING AT 7:30 1'.M. IN T®V C®UNCIL CFiAMBEFIS. ~ d C:VIGENDA.TC 2 VAIL TOUVN COUNCIL ~~~~I~~ ~~~~I~~ 0 ~1.11~~®B'9~y S~i~T~nn113ER G y ~ .7.7~Y 7:00 0~1 'I~®V C®UNC~IL C~EA~II~ERS [BXPA~®E® AGEN®~a 7:00 P.M. 1. Executive Session: Land Issues. 7:30 P.M. 2. CITIZEN PARTICIPATION. 7:35 P.M. 3. Ordinance No. 20, Series of 1993, second reading, an ordinance Steve Thompson submitting to the registered electors of the Town of Vail at the Steve Barwick Regular Municipal Election to be held on Tuesday, the 16th of Tom Moorhead November, 1993, the question of whether the Town of Vail should be authorized to collect and spend the full revenues generated including reduction in debt service during 1993 and each subsequent year [which amount does not include revenue generated from ad valorem property taxes] without any increase in such tax rates and to spend such revenues for debt service, municipal operations, and capital projects, effective January 1, 1993; authorizing the Town Council to adopt annual budgets and amendments thereto to implement the approval of this referred measure; setting forth the ballot title; providing for notice of the election; providing for conduct of the election; providing further details in relation to the foregoing. Action Requested of Council: Consider ballot question removing revenue from State limitation. Approve/deny/modify Ordinance No. 20, Series of 1993, on second reading. Background Rationale: This ordinance provides for fluctuation in revenue from year to year consistent with the Town of Vail tax base. Staff Recommendation: Approve Ordinance No. 20, Series of 1993, on second reading. 7:50 P.M. 4. Ordinance No. 22, Series of 1993, first reading, an ordinance Tom Moorhead submitting to the registered electors of the Town of Vail at the Steve Thompson at the Regular Municipal Election to be held on Tuesday, the 16th of November, 1993, the question of whether the Town of Vail should increase annually by the imposition of a never tax of 0.9% on restaurants and bars and a new tax of 1.8% on lodging beginning on January 1, 1994, and each subsequent year producing approximately $2,100,000.00 in the first year; the annual revenues shall be designated exclusively for the construction, marketing, and operation of a performance and conference center; authorizing the Town of Vail to increase debt up to $12,600,000.00 by issuance of negotiable interest bearing bonds for the purpose of providing the construction, marketing, and operation of a performance and conference center; providing for the sunset of such portion of the tax increase that is no longer necessary to service the revenue bonds; setting forth the ballot title; providing for notice of the election; providing for conduct of the election; providing further details in relation to the foregoing. Action Requested of Council: Consider ballot issue of new restaurant and bar and lodging tax which revenue will be dedicated to the construction, marketing, and operation of a performance and conference center. Approve/deny/modify Ordinance No. 22, Series 1 of 1993, on first reading. Backaround Rationale: Contingency in Resolution No. 8, Series of 1993, concerning marketing study has been met. Staff Recommendation: Pass Ordinance iVo. 22, Series of 1993, on first reading. 8:20 P.M. 5. Ordinance fVo. 23, Series of 1993, an ordinance amending Sections Tom Moorhead 3.48.130C and 20.04.370 of the Municipal Code of the Town of Vail Steve Thompson to provide delinquent taxes and/or assessments to be certified to the Eagle County Treasurer no sooner than October 1st of each year, and declaring an emergency. Action Requested of Council: Consider and vote upon this emergency ordinance to allow the certification of delinquent taxes no sooner than the 1st day of October each year, which is consistent with the request of the Eagle County Treasurer. Staff Recommendation: Pass Ordinance fVo. 23, Series of 1993, on first reading. 8:50 P.M. 6. Appeal of a DRB decision for the Stu Brown property, Lot G4, Andy Knudtsen 2nd Filing/1330 Sandstone Drive. Applicant: Stu Brown. Appellant: Vail Town Council. Action Requested of Council: Uphold/overturn/modify the DRB decision approving sixteen (16) townhouses on this lot. Backaround Rationale: On September 1, 1993, the DRB voted 4-0- 0 to approve this proposal. There were twelve (12) conditions of approval which the DRB included in their motion and those are provided in the attached letter. 9:15 P.M. 7. Adjournment. ~®TE RE!lISE® IyiEETI~IG STAR4 TIIIAES SEL®W: T~IERE WILL BE A SIPECIAL VAIL T®WN C®URRCIL SU®GET ~!®RIC SESSI®~ ®11~ °d'I~URS®AY, 9/23/93, [8EGI1~NIf~G AT 6.00 P.l~l. I~9 T®!! C®UfNCIL CIiAl1A~ERS. TIDE ~E~ !/t~IL T®iNB~ C®UIdCIL REGULAR ~VGRIC SESSI®1~ WILL (8lE 'g't.DES®A~, 9128/93, I~EGII~II~IINIG AT 11.00 A.IM. ICI ~'GV C®UIUCIL CFIANIlBERS. ~IBf~R6= WILL. BE A SI~ECIAL VAIL T4W~ C®UNCII_ ~lJ®GE~ W®RIC SESSIOf~ ®~i 'u'6~URS®AY, 9/30/93, LBEGII~NI~G A4 6:00 P.nfl. I0~ T®N C®UI~CIL CI~IAMf9ERS. TAE fF®LL®WIh~G !TAIL T®WI`I C®UIVCIL REGULAR !~/®RIC SESSI0~4 WILL SE ®~I ~'UES®A1f, 10/5/93, BEGINNING AT 11:00 A.iVI. IIl9 '~®V C®UIVCIL CI~IAIVIBERS. ~'~E G'®LL®WING MAIL ~®WN C®UNCIL REGULAR EVENING ~(IEIETING WILL 18E TUES®AV, 1015193, BEGINNING AT 7:30 I~.IVI. IN T®V C®UNCIL CIiAIU113ERS. ~ C:IAGENDA.TC 2 ~ X CUu,~c,e~t, ~ G~ HUGH R. WARDER R~CEIV~~ v~~ ~ ~ 1993 ATTORNEY AT LAIN P.O 6ox 1738 GLENWOOD SPRINGS. COLORADO 81602 (303) 945-9250 FAX (303) 945-9402 September 14, 1993 Town of Vail Attn: Andy Knudtsen Department of Community Development 75 South Frontage Road Vail, CO 81657 Re: Lot G-4, Lionsridge 2nd Filing Dear Mr. Knudtsen: I have been informed by Mr. Brown that the Town of Vail decided to appeal or review the action of the Design Review Board taken at its September 1, 1993, meeting. Mr. Brown informs me that he has discussed the appeal with you and Merv Lapin of the Vail Town Council and that what is at issue at the appeal stage is the landscaping plan. If I am incorrect in this or if there is some other issue which is going to be discussed, I would appreciate it if you would let me know in time to be prepared for our meeting which I understand is now set for September 21, 1993. Thank you very much for your assistance in this matter. . Very truly yours, ~~~?~~2~ Hugh R. Warder HRW:av pc: Stewart Brown Town Council Vail Town Attorney M" TOWN OF VAIL ~g 75 South Frontage Road Depart?nent of Comnuuiity Development Vail, Colorado 81657 303-479-2138/ 479-2139 FAX 303-479-2452 September 17, 1993 Hugh R. Warder Attorney at Law P.O. Box 1738 Glenwood Springs, CO 81602 . RE: Lot G-4, Lions Ridge Filing rtlo. 2 Dear Hugh: I want to follow up on my earlier response to your September 14, 1993 letter regarding the appeal of the Stu Brown development proposal. Let me reiterate that the Town Council may discuss ~ of the Design Review Board (DRB} criteria in their meeting of September 21, 1993. As I have told Stu Brown over the telephone, it will be important to be prepared to discuss any of the DRB criteria. If you have any other questions about the appeal, please call me at 479-2138. Sincer , .t ~ Andy nudtsen Senior Planner /Ird cc:. Vail Town Council Vail Town Attorney Stu Brown ~ u~ ,h ~s TOi-VN OF NAIL ~ , 75 South Frontage Road Department of Community De~~elopraent fail, Colorado 81657 303-479-2138/479-2139 FAX 303-479-2452 September 14, 1993 Mr. Stewart H. Brown 10 Emerson Street, #607 Denver, CO 80218 Mr. Hugh Warder P.O. Box 1738 Glenwood Springs, CO 81602 Fax 945-9402 Mr. Hal Engstrom P.O. Box 101841 Denver, CO 80250 RE: Lot G-4, Lionsridge 2nd Filing Dear Sirs: On September 1, 1993, the Design Review Board approved the project on Lot G-4 on Lionsridge 2nd Filing with the following conditions: Design Issues 1. Twenty-four parking spaces are required, based on my understanding of the subdivision covenants. The current plan shows four spaces which encroach into the fire lane. Based on my review of the plans, there are only twenty legal spaces on the site and there need to be an additional four spaces added to the plan. 2. There are three areas of the site where the retaining walls exceed 6 feet in height. A particular concern to me regarding retaining walls is the area next to the entrance to the property. The topography grades do not correlate to the retaining walls shown for this area. Redesign this so that it is clear what the finished grade of the slope will be as well as the height of retaining walls. Mr. Brown, Mr. Warder, and Mr. Engstrom September 14, 1993 Page Two 3. As much of the existing vegetation on the northwest area of the site must be preserved. Submittal Maferial ' 1. Have your engineer reevaluate the rockfall study as well as the Municipal Code section outlining the information to be included in his findings. Please focus specifically on Section 18.69.020. It appears from his report, that he does not believe the rockfall will be a significant hazard. I am basing this conclusion on his statement that "the geologic conditions are such that the site can be developed for the specific structures and uses shown on the aforementioned site plan and that such proposed development can be accomplished without corrective engineering or engineered construction and without the need for other mitigation or alterations." I believe he has taken this conclusion based on the criteria found in 18.69.020(B)(1)(a). In addition to this criteria, he needs to specifically quote Section 18.69.020(B)(.1)(b). It is imperative that he discuss the potential increase in hazard to other properties or structures, or to public buildings, rights-of-way, roads, streets, easements, utilities, facilities or other properties of construction. 2. Have your engineer provide a drainage plan according to the standards that Greg Hall, the Town Engineer, has requested. After review with Tom Moorhead, the Town Attorney, staff believes that a complete drainage plan is required as part of the Design Review Board (DRB) submittal information. Please refer to Section 18.54.050(D)(5, 6, and 7). Other 1. All structures must be sprinklered. 2. All structures must be Type V construction. 3. Fire hydrants must be provided in locations determined by the Fire Department. 4. The fire lanes shown on the plans must be posted with signs and must be recorded as a meets and bounds easement prior to the issuance of any . building permits. 5. Driveways may not exceed 8% slope. Mr. Brown, Mr. Warder, and Mr. Engstrom September 14, 1993 Page Three 6. Retaining walls may not exceed 6 feet in height. 7. Sewer service to this site must be provided via a lift station which will be installed owned and maintained by the owner of Lot G-4. Each of these conditions must be fulfilled prior to any issuance of building permits for this site. Please call me if you have any questions about these items. Sincerely, Andy Knudtsen Senior Planner . , Project Application Date G~_ / - 3 Project Name: r ,!ZL.YI ~ 1, l ci ~r ~~i fYbt ~ C , . Project Description: ~ ~i'~, nn 1-c rti< 5-~.-L ~ ..1,, , „1 ~ ~ ,fit c-r.,~r u .1' . U . Contact Person and Phone C~ .?u- e'~-ti~Yl Owner, Address and Phone: S I I7 ~ , i ~ •Sf • ~ l~.•_,~ . i C ~z/ Architect, Address and Phone: l~M1 ~ Ln c. c f c ~~'~1 f?~7 )~~v l ~ i . / , T ~ Z L v U - - Legal Description: Lot C_~ ~ Block Filing 1_. n-• ~ f; ~ ~ ,Zone Z u Comments: Design Review Board. Date ~ ` ' 1 ? Motion by: i Seconded by: ~~`r i< ~ APPROVAL DISAPPROVAL ~ Summary: ~/~1 t .v~- c~ r, ~ ; ~ (1 r1' .•y< S - - S-rC. 7~i~~~ ,~lY~~c-u~l~.S-~r . Town Planner ~ ? Staff Approval Date: CJ-~_ ~ 3 ZOlV IVG ent. If the application is found not to be in compliance wi h applicable provisions of the zoning code and Section 1 .040.C, the application and materials shall be re- turne to the applicant with an explanation of the zoning admini trator's findings. . a. The esign review board shall review the application . and 's porting material, and if the design of the project ~ found to comply with the objectives and design g 'delines of this chapter, the design review board sha approve the design of the project. If additional i ms are needed as specified herein to determine wh her the project will comply with the . purposes state ent and design guidelines of this chapter, the DR may give .preliminary approval or . table the project u til the next regularly scheduled . meeting. If the pro ct is tabled or if preliminary . approval is given, th board shall specify the con- . ditions and additional nd/or modified materials which must be submitte by the applicant to the design review board, incl ing any changes in the design of the project. The app icant may also table the application to a future meetin for any reason. b. If the project is found to con ict with the design guidelines, the board shall disap ove the design of . the project. Any disapproval shall e in writing and shall specifically describe the design uidelines with which the design of the project does n t comply and the manner of noncompliance. c. The DRB shall have thirty days to co sider and . approve or deny an application. The time r action may be extended at the request of the applic nt. . d. If changes in the design of the project are req sted, the board shall approve, disapprove or request fu her changes within thirty days of the meeting at which e DRB receives the changes unless an extension agreed to by the applicant. . 454b (Vai18-2-88) DESIGN REVIEW e. The applicant or his. authorized representative shall be present at the design review board meeting. 3. Staff approval. The zoning administrator may approve y of the following applications: . a. ny application to an existing building that does not si ificantly change the existing planes of the building . an 's generally consistent with the architectural design, aterials and colors of the building, including, but not ited to windows, skylights; siding, and other simil modifications; b. An applicatio or an addition to an existing building that is consisten ith the architectural design, mate- rials and colors of t building, and approval has been received by an author ed member of a condominium association, if applicabl ' c. An .application to remov or modify the existing vegetation or landscaping up a site. In the above-specified case the zoning admin- istrator may review and approv the application, approve the application with certai modifications, or may refer any application to the sign review board for decision. All other applicatio shall be referred to the design review board. (Ord. 12(1988) § 1: Ord. 39(1983) § 1.) 18.54.050 Design guidelines. Actions of the design review board shall be guided by the objectives prescribed in Section 18.54.010, the Vail Village and Vail Lionshead Urban Design Considerations and Guide Plans, by all of the applicable ordinances of the Town of Vail, and by the following design guidelines: A. General. 1. 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 consideration of scale, proportions, site blannin~, landscaping, materials and colors~~~mFlian~P ~I~~*'~ the_ guidelines herein contained. 454c wa,~ s-z-ss~ ZONING ~ 2. Any building site in Vail is likely to have its own unique land forms and features. Whenever possible, these exist- ing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their ~r sites in a way that leaves the natural land forms and features intact, treating the buildings as an integral part of . ,the site, rather than as isolated objects at odds with their - surroundings. B.. Site planning. 1:. The location and configuration of structures and access ways shall be responsive to the existing topography of the - site upon which they are to be located. Grading require- ments resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existin>~ natural undisturbed terrain within the property boundary. 2. Building siting and access thereto shall be responsive to . existing features of terrain rock outcroppings, drainage patterns, and vegetation. 3. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for develop- ment of the site or those identified as diseased. 4. All areas disturbed during construction shall be re- vegetated. If necessary, the DRB may designate allowable limits of construction activity and require physical bar- riers in order to preserve significant natural features and vegetation upon a site and adjacent sites during con- ~ struction. . 5. All projects shall be designed so as to provide adequate snow storage areas for snow cleared from the parking areas and roadways within the project. C. Building materials and design. l~. Building materials shall be predominantly natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is utilized, gross textures and . surface features that appear to imitate other materials shall be avoided. Concrete surfaces shall be treated with texture and color if used, however exposed aggregate is more acceptable than raw concrete. Neither aluminum . 454d (Vail 8-2-88) DESIGN REVIEW steel, or plastic siding, nor simulated stone or brick shall be permitted. Plywood siding shall not be permitted. . 2. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 3. Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail 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 wall materials must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and roof top mechanical equipment shall be annodized, painted or capable of weathering~so as to be non-reflective. 4. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet in twelve feet. However, other roof forms are allowed. Consideration of environ- mentaland climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. 5. Roof lines should be designed so as not to deposit snow on parking ,areas, trash storage areas, stairways, decks . and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. 6. Roof surfacing materials shall be compatible with the side and surrounding buildings. The predominant roof materials utilized shall be wood shakes and their use is strongly encouraged. The use of metal roofs is acceptable, however in no instance will metal roofs which reflect direct sunlight onto an adjacent property be permitted. If metal roofs are used they shall be surfaced with aloes-gloss finish or capable of weathering to a dull finish. Metal roofs shall generally have a standing seam in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and fiberglass shingles shall be permitted provided that they weigh no less than three hundred pounds per roofing square foot and are of a design and color to be compatible with the . requirements of Section 18.54.050. • 454e (Vail 1-8-91) 1, ZOl~IIVG 7. Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided, however, if necessary, shall be de- signed to be compatible with the overall design of the structure or screened from view. Rooftop antennae shall not be permitted unless as allowed under a conditional use review as specifed within the zoning code. g. Solar collectors shall lie flat on pitched roofs, however, when retrofitting an existing building with active solar the collectors should be designed and placed in a manner compatible with the overall design of the building. 9. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. 10. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. 11. Exterior lighting shall be designed and located in a manner to minimize impact of lighting upon living areas within a proposed project and upon adjacent structures and properties. 12. In no instance shall a duplex structure be so constructed - as to result in each half of the structure appearing substantially similar or mirror image in design. D. Landscaping/drainage/erosion control. 1. ~larious natural vegetation zones exist within the Gore Malley as a result of the form and aspects of the land itself. 454E ~ . ~ . (vail 1-~-91) ~ DESIGN REVIEW The north facing slopes within the valley are typically heavily wooded with spruce, pine and. aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of wide variety of trees and shrubs adapted to the relatively fer"tile soil and natural availability of water. The goal of anv landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be located. The landscape scale and overall landscape design shall be developed so that new vegeta- tion is integral with the natural landscape and the inherent form line, color and texture of the local plant communities. Since the maior objective of the land- scaping is tohelp reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant materials is encoura,~ed. Special care should be taken in selecting the types of plants to use when designing a landscape plan: Final selection should be based upon~the soils and climate, ease of establishment, suitability for the specific use desired, and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the~Rocky Mountain alpine and sub-alpine zones or as capable of being introduced into these zones. A list of plant materials indigenous to the Vail area is on file with the department of community development. Also indicated on the list are ornamentals which are suitable for planting within the Vail area. The minimum sizes of landscape materials acceptable are as follows: Required trees. Deciduous -two inch caliper Conifers -six foot Required shrubs - #5 gallon container Foundation shrubs shall have a minimum height of eighteen inches at time of planting. 2. Landscape design shall be developed to locate new planting in order to extend existing canopy edges oi• . ~ 454g (Vail 11-15-83) y . ZONING ~ . planted in natural looking groups. Geometric plantings, evenly spaced rows of trees, and other formal landscape patterns shall be avoided. 3. Particular attention shall be given the landscape design of off-street parking lots to reduce adverse impacts upon living areas within the proposed development, upon adjacent properties, and upon public spaces with regard to noise, lights, and visual impact. Parking lots of fifteen or more spaces shall comply with the landscape require- . ments found in Section 18.52.080(F.) of the Vail Munici- pal Code. 4. All landscaping shall be provided with a method of irrigation suitable to ensure the continued maintenance of planted materials. 5. ~'Vhenever possible natural drainage patterns upon the _ site shall not be modified. Negative drainage impacts upon adjacent sites shall not be allowed. 6. Runoff from impervious surfaces such as roofs and pavement areas shall be directed to natural or improved rlraina~e channels or dispersed into shallow sloping vegetated areas. 7. Slope of cut and fill banks shall be determined by soil characteristics for the specific site to avoid erosion, and promote revegetation opportunities, but in any case shall be limited to a maximum of 2:1 slope. 8. Measures shall be taken to retain all eroded soil material on site during construction, control both ground water and surface water runoff, and to permanently stabilize all disturbed slopes and drainage features upon completion of construction. 9. All plants shall be planted in a good quality topsoil mix.of a type and amount recommended by the American Landscape Contractor Association and the Colorado Nurseryman's Association. 10. All plantings must be mulched. 11. Paving near a tree to be saved must contain a plan for a "tree vault" in order to ensure the ability of the roots to - receive air. E. Fencing./walls. - 1. The placement of walls and fences shall respect existing land forms and fit into land massing rather than arbi- ~ (Vail 11-IS-83) 45411 DESIGN REVIEW trarily follow site boundary Iines. Fences shall not be encouraged except to screen trash areas, utility equip- ment, etc: 2. Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chain link fences shall be allowed except as temporary construction fences or as required for recrea- tional facilities. 3. The allowable heights of retaining walls shall be as stated in Section 18.58.020 of the Vail Municipal Code. F. Accessory structures/utilities/service areas. 1. Design of accessory structures upon a site shall be compatible with the design and materials 'of the main structure or structures upon the site. 2. Accessory buildings generally should be attached to the main building either directly or by means of a continuous. wall, fence or similar feature of the same or a com- plementarymaterial asthe main building's exterior finish. 3. Satellite dish antennas and similar structures shall not be permitted unless substantially screened from view by fences, berms, or landscaping. 4. All utility service systems shall be installed underground. Any utility system the operation of which requires above ground installation shall be located and/ or screened so as not to detract from the overall site design quality. 5. All utility meters shall be enclosed or screened from public view. 6. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. 7. Adequate trash storage areas shall be provided. There shall beyear-round access to all trash storage areas which shall not be used for any other purpose. 8. Mail delivery shall be provided for in accordance with the provisions of Ordinance #40 of 1981. G. Circulation/access. 1. There shall be provided an on-site vehicular circulation ~ system which shall coordinate with adjacent streets to 4541 tva~t 11-15-83) ZONING minimize congestion and adverse impact upon the general traffic circulation pattern in the area. 2. Projects shall provide adequate layout design of parking areas with respect to location and dimension of vehicular and pedestrian entrances and exits, building locations, walkways and recreational trails. 3. Proper vehicle sight distances shall exist at each access point to a public street. (Ord. 39 (1983) § l 18.54.060 design review fee. The town council shall set a design review fee schedule sufficient to cover the cost of town staff time, consultant's fees, and incidental expense. (Ord. 39 (1983) § l 118.54.070 Performance bond. The building official shall not issue a final certificate of occupancy for structures which have obtained design review ~ . approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. ~Fhe building official may issue a temporary certificate of occupancy not to exceed two hundred ten days upon the applicant posting with the department of com- munity development a performance bond or other security acceptable to the town council in the sum of one hundred twenty five percent of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving, and other accessory improvements are not installed by the applicant within the period allowed under the temporary certificate of occupancy shall be revoked until the same are installed by the applicant or by the town pursuant to the terms of the performance bond or other accepted security that has been approved by the town. (Ord. 39 (1983) § l.} (Vail l l-f 5-83) 454j DESIGN REVIEW sub-grade placements or other means that both screen the satellite dish antenna and do not appear unnatural on the site. 5. Satellite dish antennas on or attached to existing structures shall be permitted provided the satellite dish antenna is architecturally integrated into the structure. Effective use of color shall be required to ensure compatibility bet~.veen the satellite dish antenna and existing structure. The use of a mesh material shall be strongly . encouraged when attempting to integrate a satellite dish antenna onto an existing structure. 6. Landscaping or other site improvements intended to screen a satellite dish antenna proposed on any application shall be completed prior to the issuance of a building permit to install a satellite dish antenna. A letter of credit equal to one hundred twenty-five .percent of the costs of installing landscaping or site improvements may be submitted to the Town of Vail if seasonal weather conditions prohibit the installation of landscaping or site improvements. 7. All improvements. required by the design- review board for the purpose of reducing the visibility of satellite dish antennas shall remain in place so long as the satellite dish antennas remain in place unless permission to alter or remove said improvements is obtained from the design review board. All satellite dish antennas and all improvements required by the design review board to reduce the visibility of satellite dish antennas shall be adequately maintained and repaired and shall not be allowed to become dilapidated or fall into a state of disrepair. I. Duplex and primary/secondary development. 1. The purpose of this section is to ensure that duplex and primary/secondary development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling . ~ 454j-1 (Vail 8-2-88) ZOIVIN'Cp units and garages shall be designed within a single structure, except as set forth in 18.04.050 I,2 thereof, with the use of unified architectural and landscape design. A, single structure shall have common roofs and building walls that create enclosed space substan- tially above grade. Unwed architectural and land- . scape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. Significant site constraints shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing struc- tures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the . applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot (to include information as outlined in Section 18.54.040 C,1 a.) and a preliminary site plan of the proposed structure(s). The duplex and primary/secondary development may be designed to accommodate the development of dwelling units and garages in more than one structure if the design review board determines that significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined in Section 18.54.050 H,1. shall be required for the 454 j -2 (flail 8-2-88) DESIGN REVIEW development. In addition, the design review board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorpo- rated to create unified site development. (Ord. 46(1991) 2, 3: Ord. 12(1988) § 2: Ord. 24(1985) § 1: Ord. 9(1985) 2, 3: Ord.39(1983) § _l.) 18.54.051 Park design guidelines. A. Purpose, These guidelines shall be used by the design review board in reviewing any proposals for the development of Town of Vail park land. The guidelines shall be used in conjunction with the general design review guidelines found in Section 18.54.050 of the Town of Vail Municipal Code. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many years. The guidelines will provide consistent design criteria to maintain the quality of Town of Vail parks through all phases of development. B. Building materials and design. 1. General. a. Natural materials are strongly encouraged in park construction. Materials and detailing must complement the park's environment as well as be functional and attractive. b. Materials and designs should be chosen that are economical to maintain. 2. Stone. a. Natural rock should be used for architectural features such. as exposed building walls and small retaining walls. Sandy gray and brown colors are encouraged, as they blend in with the natural environment. Construction should minimize exposed . 454j-2a (Vail 1-8-9I) OR®INANCE NO. 20 SERIES OF 1993 AN OR®INANCE SUBMITTING TO THE REGISTERE® ELECTORS OF THE TOWN OF VAIL AT THE REGULAR MUNICIPAL ELECTION TO BE HEL® ON TUES®AY, THE 16TH OF NOVEMBER, 1993, TIDE ®UESTION OF WHETHER THE TOWN OF VAIL SHOUL® BE AUTHORIZE® TO COLLECT AN® SPEN®THE FULL REVENUES GENERATE® INCLU®ING RE®UCTION IN ®EBT SERVICE ®URING 1993 AN® EACH SUBSE(~UENT YEAR [WHICH AMOUNT ®OES NOT INCLU®E REVENUE GENERATE® FROM AD VALOREM PROPERTY TAXES WITHOUT ANY INCREASE IN SUCH TAX RATES AN®TO SPEN®SUCH REVENUES FOR ®EBT SERVICE, MUNICIPAL OPERATIONS, AN® CAPITAL PROJECTS, EFFECTIVE JANUARY 1, 1993, AUTH®RIZING THE TOWN COUNCIL TO A®OPT ANNUAL BU®GETS AN® AMEN®MENTS THERETO TO IMPLEMENT THE APPROVAL OF THIS REFERRE® MEASURE; St u ~ ING FORTH THE BALLOT TITLE; PROVI®ING FOR NOTICE OF THE ELECTION; PROVI®ING FOR CON®UCT OF THE ELECTION; PROVI®ING FURTHER ®ETAILS IN RELATION TO THE FOREGOING. WHEREAS, Article X, Section 20 of the Colorado Constitution, authorizes the Town of Vail to refer the question herein submitted to a vote of the registered electors of the Town of Vail as a "revenue change"; and WHEREAS, Article X, Section 20 of the Colorado Constitution, requires that the Town of Vail will continue to be subject to receiving voter approval from Town of Vail registered voters to add new taxes and tax rate increases or to increase Town of Vail debt which requirements are not affected by this question; and WHEREAS, Article X, Section 20 of the Colorado Constitution, requires that al! ad valorem property tax restrictions remain in place, that real estate transfer tax can not be created or raised and that election requirements must be met which restrictions and requirements are not affected by this question; and WHEREAS, on November 16, 1993, the Town of Vail will hold its regular biennial municipal election; and WHEREAS, the Town of Vail is of the opinion that it is in the best interests of the citizens of the Town of Vail that the full revenues generated during 1993 and each subsequent year pursuant to its existing tax code without any increase in said tax rates and with the exception of ad valorem property taxes should be collected by the Town of Vail notwithstanding the limitations of Article X, Section 20 of the Colorado Constitution and spent for debt service, municipal operations, and capital projects; and WHEREAS, the Town Council is of the opinion that such question should properly be decided by the registered electors of the Town of Vail, fVOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: 1 Ordinance No. 20, Series of 1993 SECTION 1. At the regular municipal election to be held in the various precincts and at the polling places of the Town of Vail on Tuesday, the 16th day of November, 1993, between the hours of 7:00 A.M. and 7:00 P.M., there shall be submitted to the vote of the registered electors of the Town of Vail the question herein authorized. SECTION 2. At the said election, the official ballot, including absentee ballots, shall state the substance of the question to be voted upon and so stated shall constitute the ballot title, designation and submission clause, and each registered elector voting at the election shall indicate his or her choice on the question submitted, which shall be in the following form: QUESTION NO. 1 SHALL THE TOWN OP VAIL SE AUTHORIZED TO COLLECT AND E%PEND THE FULL REVENUES GENERATED INCLUDING REDUCTION IN DEI3T SERVICE DURBNG 1993 AND EACH SUBSEQUENT YEAR, [WHICH AMOUNT DOES NOT BNCLUDE REVENUE GENERATED FROM AD VALOREM PROPERTY TA%ES~ WITHOUT ANY INCREASE IN SUCH TA% RATES AND TO SPEND SUCH REVENUES FOR DEBT SERVICE, MUNICIPAL OPERATIONS, AND CAPITAL PRO~BECTS, EFFECTIVE ~DANUARY 1, 1993? NOTHING ICI THIS QUESTION CAN 13E CONSTRUED TO REMOVE THE REMAINING RESTRICTIONS OF ARTICLE SECTION 2® OF THE COLORADO CONSTITUTION WHICH IS COMMONLY KNOWN AS AMENDMENT ONE AND/OR THE TABOR AMENDMENT. THOSE REMAINING RESTRICTIONS CONTINUE TO REQUIRE: ® VOTER APPROVAL OF ALL NEW TA%ES AND TA% fIaATE INCREASES; VOTER APPROVAL FOR NEW OR ADDITIONAL T®~ DEBT; ALL AD VALOREM PROPERTY TA% 2RESTggRaa ICTIONS REMAIN IN FULL FORCE AND IGFFE~OTy ~ NO INCREASE OR IMPOSITION OF A NEW REAL E~7ITATE TRANSFER TA%y AND, ~ ALL (ELECTION REQUIREMENTS REMAIN IN EFFECT. FOR THE 11~EASURE AGAINST THE MEASURE SECTION 3. If a majority of all the votes cast at the election shall be for the measure, the measure shall be deemed passed, and the Town of Vail shall be authorized to collect and 2 Ordinance No. 20, Series of 1993 expend the full revenues in accordance with the approved measure and to budget and appropriate such revenues and expenditures apart from any other expenditure of the Town which may be limited pursuant to Article X, Section 20 of the Colorado Constitution and notwithstanding the passage of any other State of Colorado initiative limiting such collection or expenditure, and the revenues authorized for expenditure by the passage of this measure shall not be counted in any such expenditure limitation. SECTION 4. The election shall be conducted under the provisions of the Charter and ordinances of the Town of Vail and, to the extent applicable, under the provisions of the Colorado Municipal Election Code as set forth in Title 31, Article 10 of the Colorado Revised Statutes (C.R.S.). SECTION 5. The Town Clerk of the Town of Vail shall give public notice of the election on the question hereby submitted (a) by causing the notice to be published in The Vail Trail as provided by law, (b) by mailing to "all registered voters" at each address within the Town of Vail at which a voter is registered no sooner than twenty five (25) days before the election and no later than fifteen (15) days before the election a notice entitled "Notice of Election on a Referred Measure". This notice shall include only: (1) the election date and hours for voting, (2) the ballot title, (3) the text of the measure to be voted upon, (4) the office address and telephone number of the Town Clerk, and two (2) summaries, not more than five hundred (500) words each, one (1) for and one (1) against the measure, of written comments filed with the Town Clerk no later than thirty (30) days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the measure to be voted upon. The Town Clerk shall maintain on file and accurately summarize all relevant written comments. SECTION 6. The officer of the Town of Vail are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. SECTION 7. The Town Council finds and declares that this ordinance is a matter of local concern pursuant to Article XX, Section 6 of the Constitution of the State of Colorado. SECTION 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. 3 Ordinance No. 20, Series of 1993 SECTION 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. SECTION 10. 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. SECTION 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 IN FULL ON FIRST READING this 7th day of September, 1993, and a public hearing shall be held on this Ordinance on the 21st day of September, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: ' Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD93.20 4 Ordinance No. 20, Series of 1993 OR®INANCE NO. 22 SERIES OF 1993 G~I~1 OR®INANCE SUSfilflITTING TO THE REGISTERE® ELECTORS OF THE TOWN OF VAIL AT THE REGULAR ~dUNBCIPAL ELECTION TO EE HEL® ON TOES®AY, THE 16th OF NOVENISER,1993, THE ®UESTION OF WHETHER THE TOWN OF VAIL SHOUL®INCREASE ANNUALLY SY THE I~flP®SITION OF A NEW TAX OF 0.9% ON RESTAURANTS AN® SARS AN®A NEW TAX OF 1.9% ON LO®GING BEGINNING ON JANUARY 1, 1994, AN® EACH SUBSEQUENT YEAR PRO®UCING APPROXIMATELY $2,100,000.00 IN THE FIRST YEAR; THE ANNUAL REVENUES SHALL SE ®ESIGNATE® EXCLUSIVELY FOR THE CONSTRUCTIOB~, 11NARICETING, AN® OPERATION OF A PERFORMANCE AN® CONFERENCE CENTER; AUTHORIZING THE TOWN OF VAIL TO INCREASE ®EBT UP TO $12,600,000.®® SY ISSUANCE OF NEGOTIABLE INTEREST SEARING SON®S FOR THE PURPOSE OF PROVI®ING THE CONSTRUCTION, MARI(ETING, AN® OPERATION OF A PERFORMANCE AN® CONFERENCE CENTER; PROVI®ING F®R THE SUNSET OF SUCH PORTION OF THE TAX INCREASE THAT IS NO LONGER NECESSARY TO SERVICE THE REVENUE BON®S, SETTING FORTH THE BALLOT TITLE; PROVIDING FOR NOTICE OF THE ELECTION; PROVI®ING FOR CON®UCT OF THE ELECTION; PROVI®ING FURTHER ®ETAILS IN RELATIOfR9 TO THE FOREG®ING. WHEREAS, the Vail Town Council on the 20th day of July, 1993, passed Resolution fVo. 8, Series of 1993, establishing its support of the Vail Valley Performance and Conference Center and placing certain contingencies upon such support; and UVHEREAS, the contingency concerning the economic feasibility of the Vail Valley Performance and Conference Center has been fulfilled; and WHEREAS, the Vail Town Council wishes to submit to the registered qualified electors of the Town at the next Regular Municipal Election for approval a 0.9% tax on restaurants and bars and 1.8% tax on lodging which revenue will be dedicated to the construction, marketing, and operations of a performance and conference center; and WHEREAS, consistent with the aforementioned tax, the Town of Vail,would issue revenue bonds in the amount of $12,600,000.00; and UVHEREAS, the portion of the tax that is required to finance the debt of the revenue bonds will sunset when the debt is retired; and WHEREAS, the aforementioned taxes if approved would be collected in 1994, and each subsequent year and be collected and retained for no longer than three (3) years before construction begins on a facility which incorporates a performance and conference center consistent with the total public and private funds available; and WHEREAS, the funds collected and retained will not be included within the general revenue of the Town of Vail; and WHEREAS, the collection, retention, and expenditure of the full revenues derived from such tax and the proceeds of said bonds will not be limited by State revenue or expenditure 1 Ordinance No. 22, Series of 1993 limitation of Article X, Section 20 of the Colorado Constitution; NOW, THEREFORE, be; it ordained by the Town Council of the Town of Vail, Colorado: SECTION 1. At the regular municipal election to be held in the various precincts and at the polling places of the Town of Vail on Tuesday, the 16th day of November, 1993, between the hours of 7:00 A.NI. and 7:00 P.M., there shall be submitted to the vote of the registered electors of the Town of Vaii the question herein authorized. SECTION 2. At the said election, the official ballot, including absentee ballots, shall state the substance of the question to be voted upon and so stated shall constitute the ballot title, designation and submission clause, and each registered elector voting at the election shall indicate his or her choice on the question submitted, which shall be in the following form: SHALL TIE TOWN OF !TAIL TAXES BE INCREASE® ANNUALLY BY THE IMPOSITION OF A NEW TAX OF 0.9% ON RESTAURANTS AN® BARS AN®A NEW TAX OF 1.8% ON LO®GING BEGINNING ON JANUARY 1, 1994, AN® EACH SUBSEQUENT YEAR PROVI®ING APPROXIMATELY $2,100,000.®® IN THE FIRST YEAR? THE ANNUAL REVENUES SHALL Bid ®ESIGNATE® EXCLUSIVELY FOR THE C®NS~'Rpt9pCTlpp®ee N, 41AA~RICEgg~BINC, ®AN®/~ OPpE~RATI®NS ®F p~A PERF®RMAN'L/E ANID it®NFERENCE CENTER. TI°IE REVENUES WILL BE COLLECTE® AN® RETAINE® FOR NO LONGER THA~i THREE (3) YEARS CONTINGENT UPON THE BEGINNING OF CONSTRUCTION ON SUCH FACILITY AN® lF SUCD~ CONSTRUCTION HAS NOT BEGUN THE TAX WILL EXPIRE ON ®ECEMBER 31, 1996, AN® THE REVENUES COLLECTE® WILL THEN BE TREATE® IN A MANNER CONSISTENT WITH THE REVENUE REtaUIREMENTS OF ARTICLE 3C, SECTION 20. ®URING THE PERT®® OF COLLECTION AN® RETENTION OF THE TAX SUCH REVENUE SHALL N®~' BE INCLU®E® WITHIN THE GENERAL REVENUE OF THE TOWN OF VAIL NOTWITHSTAN®ING ARTICLE X, SECTION 20. IN CONNECTION WITH THE TAX, SHALL THE TOWN OF VAIL ®EBT BE INCREASE® UP TO $12,600,000.00 BY ISSUANCE OF NEGOTIABLE INTEREST BEARING BONIDS FOR THE PURPOSE OF PROM®ING THE CONSTRUCTION, MARKETING, AN® OPERATION OF ~A PERFORMANCE AN® CONFERENCE CENTER? THE BON®S ARE TO BE PAYABLE FROM THE REVENUES FROM THE TAX AUTHORIZED ABOVE AN® THi€ PORTION OF THE TAX THAT lS RE®UIRE® TO FINANCE THE ®EBT OF THE REVENUE BON®S WILL SUNSET WHEN TIME ®EBT lS RETIRE®. FOR THE MEASURE AGAINST THE MEASURE SECTION 3. If a majority of all the votes cast at the election shall be for the measure, the measure shall be deemed passed, and the Town of Vail shall be authorized to collect and retain the full revenues in accordance with the approved measure and such revenues and 2 Ordinance No. 22, Series of 1993 expenditures will be separate and apart from any other expenditure of the Town which may be limited pursuant to Article X, Section 20 of the Colorado Constitution and notwithstanding the passage of any other State of Colorado initiative limiting such collection or expenditure, and the revenues authorized for expenditure by the passage of this measure shall not be counted in any such expenditure limitation. SECTION 4. The election shat{ be conducted under the provisions of the Charter and ordinances of the Town of Vail and, to the extent applicable, under the provisions of the Colorado Municipal Election Code as set forth in Title 31, Article 10 of the Colorado Revised Statutes (C.R.S.}. SECTION 5. The Town Clerk of the Town of Vail shall give public notice of the election on the question hereby submitted (a) by causing the notice to be published in the Vail Trail as provided by law, (b} by mailing to "all registered voters" at each address within the Town of Vai! at which a voter is registered no sooner than twenty five (25) days before the election and no later than fifteen (15) days before the election a notice entitled "Notice of Election on a Referred Measure". This notice shall include only: (1) the election date and hours for voting, (2) the ballot title, (3) the text of the measure to be voted upon, (4) the office address and telephone number of the Town Clerk, and (5) two (2) summaries, not more than five hundred (500) words each, one (1) for and one (1) against the measure, of written comments filed with the Town Clerk no later than thirty (30) days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the measure to be voted upon. The Town Clerk shall maintain on file and accurately summarize all relevant written comments. SECTION 6. The officer of the Town of Vail are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. SECTION 7. The Town Council finds and declares that this ordinance is a matter of local concern pursuant to Article XX, Section 6 of the Constitution of the State of Colorado. SECTION 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. SECTION 9. The Town Council hereby finds, determines, and declares that this 3 Ordinance No. 22, Series of 1993 ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. SECTION 10. 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. SECTION 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 IN FULL ON FIRST READING this day of , 1993, and a public hearing shall be held on this Ordinance on the day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD93.22 4 Ordinance No. 22, Series of 1993 ®R®IINANCE N®. 23 SER9ES ®E 1933 AN ®R®9NANCE AMEN®@NCa SECTS®NS 3.48.1300 AN® 20.04.370 ®E T6-BE flAUN9CIPAL C®®E ®F THE T®WN ®F VAIL T® PR®VI®E ®ELINtdUENT TA~CES AN®/®R ASSIESSnAENTS T® SE CERT9F9E® T® THE EACL.E COUNTY TF3Ei4SURER N® S®®NEFB THa4N ®CTOBER 1St ®F EAOH YE~4~3, ~N® ®EC~ARINC AN EINERGENOY. WHEREAS, Sections 3.48.1300 and 20.04.370 of the Municipal Code of the Town of Vail presently provide that delinquent taxes and/or assessments shall be certified to the Eagle County Treasurer no sooner than December 1st of each year; and WHEREAS, the Eagle County Treasurer has adopted procedures whereby the deadline for special assessment certification is October the 1st of each year; and WHEREAS, it is necessary to follow the procedure adopted by the Eagle County Treasurer, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. Paragraph 3.48.1300 of the Municipal Code of the Town of Vail is hereby amended to read as follows: If the tax is unpaid and delinquent, the Town Manager shall give written notification to the buyer at the address shown on any deed or instrument evidencing the transfer, or his fast known address, and the seller at his last known address, of such delinquency. Such notification shall be mailed certified or registered mail, postage prepaid, return receipt requested, and shall be effective on the date of the mailing. If the tax, penalty, and interest are not paid within thirty (30) days of the effective date of the notification, the Town Manager shall make the same delinquent on the Town's tax roll and shall, at least once each calendar year, but not sooner than the first day of ®ct®bea~, certify such delinquencies, along with the interest and penalty, to the County Treasurer; and the County Treasurer shall extend such delinquencies upon the real property tax rolls of the County and collect the same in the same manner as delinquent general taxes levied upon such property. Upon certification of the delinquent taxes, the penalties and interest thereon shall also be due and payable. 2. Paragraph 20.04.370 of the Municipal Code of the Town of Vail is hereby amended to read as follows: An assessment or installment thereof, of any local improvement district, shall be considered delinquent if not paid within thirty (30) days after the date set for payment thereof in 1 Ordinance No. 23, Series of 1993 the provisions of the assessing ordinance. A delinquency shall cause the whole amount of unpaid principal and accrued interest to become due and payable. As soon as any assessment or installment thereof becomes delinquent, the Director of Finance shall mark it delinquent on the assessment roll and shall, at least once each calendar year, but not sooner than the first day of ®et®ber, certify such assessments, along with interest and penalty, to the Treasurer of Eagle County, Colorado; and the County Treasurer shall extend the assessment upon the real property tax rolls of the County and collect it in the same manner as delinquent general taxes levied upon the property. Upon certification of the delinquent assessment or payments, the costs of collection shall also become due and payable. 3. 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. 4. 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. 5. The -Town Council hereby finds, determines, and declares that passage of this ordinance is an ervaergency necessary to protect the public health, safety, and welfare of the residents of the Town of Vail in order that adequate time be available to certify any delinquent taxes and/or assessments to Eagle County by October 1, 1993. 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. 2 Ordinance No. 23, Series of 1993 ~ r 7. 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 this 21st day of September, 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk 0 C:\ORD93.23 3 Ordinance No. 23, Series o{ 1993 ~-lb-~~ l~~~rM !r'AGLE C(1UN'I+Y~ 3034792157;# 1/ ' ..,-r- - .r ( )I•J If I ()I I 1 II l'(1l !t`J'I"Y 11<I h!+l Ikl ti I°.( I'i( I~ •i/~) ('UJ'1) 1''il•JiJiiiU r,', I Ilidt ~h11Wn1' t)III(7 OI•'llll•1'llllli(' Ikl!tilll 1:1(rll.,(t)IO1~~1i)OJ(Ib{I t.lt);{1 :1 '!f-11Ji71) I hX: t 4JJ'S) s ?rl .r ~ • N • ~~'l~~8~~ r~~;~~$S11AF..~IZ' ~~~tT~~6~~TB~~ ~~1~ ~~U~~ ~~?4&~la~T6~N• ~~tC~~E~l1RE~ F. sp2t4el ass~ssJJlents Pr~2 8xJ3 c€rtlfied each year and edill lee avllec¢ad (ai¢h the J~enerel proper4y tr~(es. the der®dline fah epeciad eJZJSessaren¢ certific®tion is JJetobier 9_ i4 cerxifieatlona ere received ~fl:®r+ ®ctoi~r 1, shay sill not be eollat¢ad ~mtil.the ~olloaing yearn BI. Special essessmen¢s will br included ore the ¢a>< 1`vtt far th® fallatfaing year ara9 created as ad vslAreJa ~®x. There will nvt lx ®n irxiividu®t btll9n® for speclJ~l msseasllJentso Jipeciel a~l;essments sill ~ Ibill~ti eiitit th+e corresponding P9E?l estet® tJ3]t bills, BIJ. ~er¢ifiea4iori must inetu(iQ th$ ¢asllowinsl infoJYpBtiOP1o q. PdJ'tPoB of 4he 4lis~trist Gopy aP aa~aees~nca or resolution au¢bari~il~ the colleetian of thv assessmen¢ orb JJ, payout ®ched(ale 3. ter of 6nstallmengs ¢e ~ billed 4_ xJtiJ~4allment inkerest rate 5, Prara~¢ioJb date for interest on firxt i°wtallJJ~n$r if any 1dJim~ of a~sbeased IvBrty aced current t!mTling addre&S 7_ Full 4eeet descriptien ~ gitua eddr®sJs tl. Persel rnt~l(ber 5ch®cBul® nlti,d~ar 9U. 'total atJlount Jassessad eo oach parcel 99. Signed ar,d se+plecl by certi4yiv~ egehay. Hd_ Yn 4ha~ event a property a!RJner opts to IlJalce full paye1e11g oaf ®speci»L ssses8ltilt after cerYif9eae9mra or CldtE, thg ct:Ptiifying tiistNlc2 +~ill be centJ;,eted for a pay offf ffigure. b. if $ single parcel is divirlpd or 01splatla in¢o a r+lJZ~vr of nw paresis, 4he fallaeain~ infarntaQian aJi1l pravidad ¢o the ~unicipelitye 1< hlc4 sch®d(ele htJJrtber 5'a4~ l ~sesameng Jrma~nt ~p ~eea scheduG.e rrers The rlaahiclpel4ty I~l ll aelcutete ith® ass;essmeh4 era the nee pareete# arld resutsni a ¢ho d>;Ita. Response JJ'K16~ ~ received 6yy this of¢ice I~ithie~ shirty d®ys sa th®¢ ¢imely collection prnceckores can be eatr~teted, ~JiP }then a ap®eiel a>}sessment becomes cSelinyueoot, a l$en isor the entire special JllsseJ}smerat anti any unpaid reel estate tax®s lei l L b® sold as otoe lien. NBHo A property oaaner cene~p opt to pay the govornlr~ body ®ft®r cereifltativr~ is made 8a 4he CuJ,~ty Tr~aurer. vY%i Coltectiorts bill be reported in the treasureros Repor¢a and, rs® l®ter than the ¢ehth day oi' each c~non4h a[l special assessments, ¢oeso ~'sdlvr 4iens collec¢er! durih® the previal~ IAahth Mill be remitted tQ the governing body, Hf(_ The intreret al` this proeecture is to estJ3blish J3 p~~ess assuring statu4ary coa>pliJ3ne~ of the 13avernietg o due pracoss for ti:hc~ property oarnera, atx6 timely eolleationa SENT BY~ 9-16-93 ; 1~28PM ; EAGLE COUNTY-~ 3034792157;# 1/ 1 < )PI 1(I t 11 I 1 II t'i )i 1N 1'Y 1 I.I ASl 1K1 h N,t Rf IT .1 1'S!1'SI t'!lidilito0 ,',1 ltla)i\l)WAY Olll('f t)I•'llll•1'lllill(' Ila!tilll 1:\(dL,(tllOI~Ai)(>IiI1~S1 t.4O:S1:I_'.IS-till'%tS I iV:: (iu'i1 ; !rt /!(If e IL~~IJ~IL U..~~~L.~~~~p ~ti~~~~F1..D' w~t+'"l5riO0 E•'S~ !F4`7~71:~~IY!!G'ip~ 6 ~G88 9 I~~Lo6`a 0 IqY®O FAR C~B9~~ i~~66~~IC~1 ~RC9Cl=~URE~ i. spettal asst'ssments rest ire certified each year and will be wllect:ad with the general property taxes. 4he dat7dline far special assessment certification, is dctober 9_ If certifications ere rece>!vvd after t]ctttba}a' 1, they sill not ba eellected until the following year. tl. special assesstttenes dill be included an th® tax roll far the following year and treated as ad Valorem tax. Thmre gill not l~ an i~ividu®t btllin® 4or special assessments; special as8es&ments Bill be billed faith the corresponding real estet® tax bills, I11. Certifieaticn nwat include the following information: 4. stoma of the district 2. Copy oi` ordinance er resolution authorising the collection of the assessment and a9 payout schedule 3. number of installments to be billed 4. 1;natallment interest rate 3. Prorbtien date for interest on first installment, if any 4. Rlaala of esaeosed party and current mailing _~.:..;3s 7. Full leeat description and altos address ti. Parcel n:auber 9. Schedule nuidher 90. total amotmt ®ssessed to each parcel • 99. Signod and sealed by certifying agehcy. Id. In the eyant a property owner opts tv make full payotant of a special assessllt~t after certification or tine date, the certifying district raid be contacted far a pay off figure. • y. If a single parcel is divided ar "splits' into a number of new parcels. the following inforl>mtian will ke provided to the municipality: 9. Old schedule number Z. Total s6seosment amotmt 3. Meta schedule cumbers The llturlicipaiity ells calculate the assessment tm 4he new parcels and resubmit the date.. Response must " be received by this offit:o t~ithin thirty days so that tit~ly collection procec>lures can be coll~rLeted. dl. idhen a spacir;lt a88e8sment bectunes delirX{ueht, a lien for the entire special assessment and any unpaid real estate taxos mill ba sold ae one lien. V1E. R property owner cenr~t opt to pay the gtnrerning body after certi#tcatian is made to the County Treasurer. VIII Collections will be reported in the 7reasurer+s Report, and, no later than the 4ehth day of each month a[l special Asst>ssments, fees, and/or liens colleeteetdurihe the previous month sill be remitted to the eaverning body. L#. The intent of this procedure is to establish a process assuring sta4utory compliance of the governirtq body, due procr3ss for the property Donate, and timely eolleotivn. VAIL TOWN COUNCIL PECI/4~ 1N®RIC SESSI®ll~ `1~IURSDAV, SEI~TEMBI=R 23, 1993 G~:00 I.M. IN T®V C®UNCIL CFIAMBERS AGENDA 1. 1994 Budget Overvie~r. 2. Contribution Request Finalization. , 3. ,4djournment N®TE REVISE® MEETING START TIMES BEL®~: 4'IiE NE~fT MAIL T®WN C®UNCIL REGULAIR W®RK SESSI®N WILL BE ®N TUES®A~(, 9/29/93, BEGINNING AT 11:00 A.M. IN T®V C®UNCIL CfiAMBERS. THERE WILL BE A SRECIAL VAIL T®WN C®UNCIL BUDGET W®RK SESSI®N ®N TI~URSDAY, 9/30/93, BEGINNING AT 6:00 P.M. IN T®V C®UNCIL CFIAMBERS. THE ~®LL®WING VAIL T®iA/N C®UNCIL REGULAR W®RK SESSI®N WILL BE ®N TUESDAY, 10/5/93, BEGINNING AY 11:00 A.M. IN T®V C®UNCIL CIiAMBERS. TIDE F®LL®WING VAIL T®WN C®UNCIL REGULAR EVENING MEETING WILL BE ®N TUESDAY, 10/5193, BEGINNING AT 7:30 P.M. IN TAV C®UNCIL CIiAMBERS. C:WGENDA.WSS VAIL TOWN COUNCIL PECl14L VI/®R/C $ESS~®11P TUESDAY, AUGUST 31, 1993 6:00 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 6:00 P.M. 1. 1994 Budget Overview. Steve Thompson 8:30 P.M. 2. Contribution Request Finalization. Steve Thompson 10:00 P.NI. 3. Adjournment. NOTE REVISED MEETING START TIMES BELOW: ~ • THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9/28/93, BEGINNING AT 11:00 A.M. IN TOV COUNCIL CHAMBERS. THERE WILL BE A SPECIAL VAIL TOWN COUNCIL BUDGET WORK SESSION ON THURSDAY, 9/30/93, BEGINNING AT 6:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 10/5193, BEGINNING AT 11:00 A.M. IN TOV COUNCIL CHAMBERS. THIe FOLL®WING VAIL T®WN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 10/5/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. ~ C:WGENDA.WSS