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HomeMy WebLinkAbout1994-10-04 Support Documentation Town Council Evening Session VAIL TOUVIV COUNCIL EVENING MEETI~~ TUESDAU y OCU OBE9"L 4y 1 99°9 S .070 P.M. ~tlCl U OC CO3J1\CI16 CQlIP46tl0BERS AGE6VDA - REVISED 10/3/94 1. CITIZEiV PARTICIPATION. 2: Consent Agenda. . Ai Approval of the Minutes for the meetings September 6 and September 20, 1994. B. Second Reading of Ordinance iVo. 21, Series of 1994, an Ordinance re: Greenbelt and IVatural Open Space 3. Ordinance fVo. 22, Series of 1994, lst Reading, an Ordinance amending Ordinance iVo. 39, Series of 1981 to remove the restriction on sale, transfer or conveyance and creating an Employee Housing Unit for sale or rental. . 4. Par 3 Presentation by Bob Kendall representing Citizens for Better Goff in Vail. 5. Town fiNanager's Report. 6. Adjournment. NOYE l9PCOflh11NG MEETING STARY YiRAES BELOW: • (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) ' YHE NEXT VA9L TOWId COUNCIL REGULd4R WORK SESSIOPV !AlILL BE ON TIJESDAY, 90/11/94, BEGIiV@Vi1dG AY 2:00 P.AA. IiV TOV COUNCIL CHAMBERS. YHE FOLLOVV6PlCa VAeL TOVUN COUNCIL REGl9L.AFi WOFiK SESSIOId UNILL. BE OW TUESDAY, 90/98/94, BECINNIIVG AT 2:00 p.flfl, p@d TOV COUNCIL CHa4HABERS. TCiE NEXT VAOL YOWN COUNCIL REGULAR E!lENIFIG flAEE'TING !AlILL BE OW TIDESDAY, 10/98/94, BEGIiVNIIVG AT 7:30 P.M. Ogy Tpy COUNCIL CHAfVIBERS. VAIL TOlA1N COUNCIL SPECIAL WORK SESSION/Bl9DGET 1fNILL BE ON 7'HIDRSDAY, 10/6/94, BECaINN11dG AT 5:00 P flA EN TOV COUNCIL CHAwIIBERS. VAIL YOlAlN COUNCIL SPECIAL lAIORK SESSION/BUDGE'T VNILL BE 0N THUFiSDAY, 90/93/94, BEGIIVNIPIG AT 5:00 P.M 9N TOV COUNCIL CFfA1UIBEFtS. bAYL YOlWN COUNCIL SPECIAL WORK SESSION/BUDGET 1AlBLL BE ON THURSDAY, 10/20/94, BEGIIVIdifdG AT 5:00 P.M IPV TOV COUNCIL CHAl1ABERS. VAIL TOWN COUNCIL EVENING MEETING II UEJDPV U y OQeToBER 4y 1 99°9 7.30 P.M. 9N 4O!! COUNCIL CHAflABERS EXPANDED AGEIVDA - REVISED 10/3/94 7:30 P.M. 1. Citizen Participation. 7:35 P.M. 2. Consent Agenda. A. Approval of the Minutes for the meetings September 6 and September 20, 1994. B. Second Reading of Ordinance No. 21, Series of 1994, an Ordinance re: Greenbelt and Natural Open Space , 7:40 P.M. 3. First reading of Ordinance iVo. 22, Series of 1994, an Ordinance amending Tom Moorhead Ordinance No. 39, Series of 1981 to remove the restriction on sale, transfer or conveyance and creating an Employee Housing Unit for sale or rental. Action Requested of Council: Consider removing the restrictions against alienation of the caretaker's unit at 770 Potato Patch. Backqround Rationale: The Towrn of Vail has entered into a Contract to Purchase the caretaker's unit at 770 Potato Patch. fVot only does this provide an employee housing unit but it also resolves the pending litigation FDIC v. the Town of Vail and 770 Potato Patch. To acquire title from the FDIC the restriction against alienation of the property should be removed. Staff Recommendation: Pass ordinance. 8:10 P.M. 4. Par 3 Presentation by Bob Kendall representing Citizens for Better Golf in Vail. Bob Kendall 9:10 P.M. 5. Town Manager's Report. 9:30 P.M. 6. Adjournment. NOYE UPCORABNG flAEETING STARY YIMES BELOIA/: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) YHE NEXT NABL TOWN COUNCIL REGULAR ldVOR@C SESSIOBd !i!/ILL BE 0N YUESDAY, 90/11/94, BEGINPIINBG e4T 2:00 P:IVi. IiV TOV COUNCIL CHAnABERS. THE FOLL0W9NG VAIL TO!A/N Q;pUMC9L RECaIYLAR 1A/ORK SESS90M !fl/ILL BE OPd Tl9ESDAY, 10/18/94, BEGINIVIMG AT 2:00 P.M. IiV TOM COUNCIL CHAIVIBERS. YHE NEXY' VA9L T01NP1 COUNCIL REGIJLAR EVENING f1AEET'9N6;, Vi/ILL BE OR1 TUESDAY, 90/18/94, BEGINNING AT 7:30 P.M. IN TpV COUNCIL CHAfVIBERS. VAOL YOWQd COUNCIL SPECtAL ViIOFiIC SESSIOM/BUDGET . , e~+'ILL Zc irov i a-auM- ai.Daav, 1U/b/94, BEGIIVNIIVG AT 5:00 P.M. IIV 1'OV COUNCIL CHAMBEFiS. !!ABL TOWN COUNCIL SPECBAL IA/ORK SESSIONBl3DGE7' !R/ILL BE ON THURSDAY, 10/93/94, BEGINNIIVG A7' 5:00 P.M. IM TOV COUNCIL CHAIVIBERS. VA9L TOWR1 COUNCIL SPIECIAL VUOfiK SESSION/BUDGET lAIILL BE ON TFEURSDAY, 10/20/94, BEGINNIIVG A7' 5:00 P.M. Ild TOV COUNCIL CHAMBERS. , ~ ~ ~ • • ~ • C:IAGENDA.TCE MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 6, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 6, 1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Merv Lapin, Mayor Pro-Tem Paul Johnston Sybill Navas jim Shearer Tom Steinberg ` jan Strauch MEMBERS ABSENT: Peggy Osterfoss, Mayor TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation of which there was none. Second on the agenda was a Consent Agenda consisting of the following items: A. Approval of the Minutes for the meetings of August 2nd and 16th, 1994. B. Ordinance No. 17, Series of 1994, 2nd Reading, an Ordinance amending Section 18.04.130, Floor Area Gross Residential (GRFA), allowing area within multi-family buildings to be used for employee housing. C. Ordinance No. 18, Series of 1994, Second Reading, an ordinance vacating the utility and drainage easement on Lot 6, Bighorn Estates, Town of Vail, Colorado. D. Ordinance No. 19, Series of 1994, Second Reading, an Ordinance vacating a right- of-way and sewer easement, and creating pedestrian and right-of-way easement, water line easement, public access, drainage and utility easement by plat. E. Ordinance No. 20, Series of 1994, Second Reading, an Ordinance creating a utility easement for the Covered Bridge Building. A motion was made by Tom Steinberg to approve the Consent Agenda, with the exception of items B and E, Ordinance Nos. 17, and 20, respectively. Jan Strauch seconded the motion. A vote was taken and passed unanimously, 6-0. At that time, discus`sion proceeded regarding Ordinance No. 17. Andy Knudtsen and Mike Mollica reviewed the details of Ordinance No. 17. Jay Peterson explained that amending the code provided another avenue to create employee housing units within the town, and using that.approach was less complicated than going through the variance process. Jay further stated TOV staff and PEC felt comfortable with Jay's approach. Tom Steinberg expressed two concerns: 1) losing conference space and recreation facilities, and 2) crearing special privilege. Andy stated that Community Development had been approached by two other complexes interested in converting common space to employee housing. Jan Strauch moved to approve Ordinance No. 17, with a second from Jim Shearer. Further discussion centered around hotel conversion, density change, and parking requirement issues. Paul Johnston called the question. A vote was taken and passed 4-2, Merv and Tom voting in opposition. J Consent Agenda.item E., Ordinance No. 20, was then discussed. Tom Steinberg moved to approve Ordinance 20, with a second from Jan Strauch. Merv requested language be added to assure the building owner would not remonstrate against the Town. Art Alpenalp stated he didn't feel his client would have any problem with such language. Tom Moorhead stated that an easement agreement, which was not a part of the Ordinance., would be entered into and the language would be incorporated into that agreement. A vote was taken and approved unanimously, 6-0. Item No. 3 was Ordinance No. Ordinance No. 15, Series of 1994, lst Reading, an Ordinance restricting the sale or possession of assault weapons. A motion was made by Paul Johnston, and seconded Jim Shearer to approve Ordinance No. 15. A vote was taken and passed unanimously, 6-0. 1 Vail Town Council'Evening Mee6ng Minutes 09/06/94 , Item No. 4 was First reading of Ordinance No. 21, Series of 1994, lst Reading, an Ordinance amending Chapter 18.04, setting forth definitions for active outdoor recreation, interpretive nature walks, nature preserves, passive outdoor recreation, private, public, quasi-public, and changing the section number of recreation structure; amending Chapter 18.36, Public Use District; amending Chapter 18.38, Greenbelt and Natural Open Space District; and creating Chapter 18.33, Outdoor Recreation District; and setting forth details in regard thereto. [Based on extensive discussion /modifications /additions from the afternoon's worksession] Tom Steinberg made a motion to table Ordinance No. 21 to the next evening meeting. Paul Johnston seconded the motion. A vote was taken and passed unanimously, 6-0. Item No. 5 was a sign variance request by the Roost Lodge. George Ruther displayed a drawing of the proposed sign and referenced a memo dated August 17, 1994, to the DRB from the Department of Community Development. George explained the request in detail and stated that staff recommended approval of the request. Comments from Council Members included a concern that granting a variance could set a precedent; proposed sign would be a great improvement; and possibility of increasing the size of the proposed sign. Paul Johnston moved to grant the sign variance as recommended by staff. Jan Strauch seconded the motion. A vote was taken and passed unanimously, 6-0. , Item No. 6 was the Lifthouse Lodge Appeal. The Town Council wished to review the PEC's recent approval of setback and site coverage variances and a major exterior alteration in the Commercial Core II (CCII) zone district for the Lifthouse Lodge, located at 555 East Lionshead Circle, legally described as a portion of Lot 3, Block 1, Vail Lionshead, lst Filing. Bob Lazier, applicant, Galen Aasland and Jay Peterson were present. Jim Curnutte referenced two memorandums dated September 6, 1994, to the Town Council from Community Development, and August 22, 1994, to the PEC from Community Development. Paul Johnston moved to uphold the decision of the PEC, with the condition that two sets of windows be installed on the east side of the building as shown on the applicant's color rendering, unless an engineering report reveals that the structural integrity of the building would be threatened, then one set of windows on the east side of the building will be allowed. jim Shearer seconded the motion. A vote was taken and passed unanimously, 6-0. Item No. 7 Presentations Re: 1995 Contract/Dues/Leases: a. WTCB Information Booths and Special Events. b. ABCRA Information Booths. • Merv stated the Council would hear both presentations, but would not make a decision until a presentation from the Vail Valley Marketing Board submits its funding request on September 20 at a Council worksession. Frank Johnson, representing the WTCB, presented a proposal to operate the Vail Information Booths, manage and produce certain Town of Vail special events, and form better events communication and reservation system for 1995. Kate Collins of the ABCRA explained the organization, and presented a proposal to manage the Vail Information Booths for 1995, and suggested a more regionalized approach to include Avon, as the information center there was already operated by the ABCRA. Item No. 8 was a report by the Town Manager. Bob stated he had nothing to add to his memorandum, which had been included in Council packets. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at approximately 10:00 P.M. Respectfully submitted, Merv Lapin, Nlayor Pro-Tem ATTEST: Holly L. McCutcheon, Town Clerk Minutes taken by Holly L. McCutcheon 2 Vail Town Council Evening Meefing Minutes 09/06/94 MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 20, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 20, 1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Merv Lapin, Mayor Pro-Tem . Paul Johnston Sybill Navas Jim Shearer Tom Steinberg jan Strauch ~ MEMBERS ABSENT: Peggy Osterfoss, Mayor TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. Avon resident, Rich Howard, introduced himself as a representative of "Citizens for Saving Open Space in Eagle County," an organization formed to support the upcoming ballot issue. Mr. Howard requested Council pass a resolution showing support of the issue. Merv asked Mr. Howard to provide Pam Brandmeyer with ballot language for Council review. Tom Steinberg expressed his support. Second on the agenda was the Appointment of Art in Public Places Board Member. Jan Strauch moved to appoint Nancy M. Rondeau to the unexpired term of former Board Member, Erich Hill. Jim Shearer seconded the motion. A vote was taken and passed unanimously, 6-0. Item 1Vo. 3 was Ordinance No. 21, Series of 1994, first reading, tabled from 09/06/94, an Ordinance amending Chapter 18.04, setting forth definitions for active outdoor recreation, interpretive nature walks, nature preserves, passive outdoor recreation, private, public, quasi-public, and changing the section number of recreation structure; amending Chapter 18.36, Public Use District; amending Chapter 18.38, Greenbelt and Natural Open Space District; and creating Chapter 18.33, Outdoor Recreation District; and setting forth details in regard thereto. Merv Lapin read the title in full. Jim Curnute explained Ordinance 21 would update the Town's existing Greenbelt and Natural Open Space, and Public Use Zone Districts, and would provide for a new Outdoor Recreation Zone District. Jim Curnutte and Russell Forest reviewed a memo to Council from Community Development regarding the proposed text changes. Jim informed Council that staff recommended adding "Clinical Pharmacies" to Public Use District under Section M. of the Ordinance. Jim Shearer moved to approve Ordinance 21 with the recommended addition. Tom Steinberg seconded the motion. A vote was taken and passed unanimously, 6-0. , Item 1Vo. 4 was Ordinance No. 15, Series of 1994, 2nd Reading, an Ordinance restricting the sale or possession of assault weapons. Merv Lapin read the title in full. Tom Moorhead reviewed the origination of the ordinance, stating the ordinance was similar to the federal crime bill passed by Congress earlier during the summer. Tom said the major dissimilarity between Ordinance 15 and the federal crime bill was that under Ordinance 15, Vail residents must register within 60 days assault weapons obtained prior to the ban with the Vail Police Department. Tom Moorhead informed Council that a similar ordinance passed by the City and County of Denver had been found to be unconstitutional by the District Court; however the Colorado State Supreme Court reversed the decision, finding it to be a valid ordinance. Tom explained Ordinance 15 was drafted in the same form as the Denver ordinance. Questions from Council pertained to differences between the proposed Ordinance 15 and the recently adopted Federal Crime Bill. Chuck House with the Vail Police Department was on hand to answer specific questions. Merv Lapin opened the floor to public innut, requesting comments be limited to three minutes per individual, and asked participants to refrain from being conf'rontational. 'I'hose participating in public comment and opposing Ordinance 15 included: Vail residents, Art Kittay, Matt Donovan, Michael Jewitt, Lew Meskimen, Jack Phelps, Diana Donovan; Avon residents, Ron Glazier, Mike Cacioppo; Dick Ostweil, resident of Edwards;. Parker Scott of Eagle- Vail; Bill Jordan, Jr. of Eagle; Bill Jordan, Sr., of Gypsum; Al Reichardt, Clay Reichardt, Dave Reichardt, Sr., and Dave Reichardt, Jr., residents of Eagle County.* Those opposing the ordinance voiced concerns relating to constitutional rights, enforcement issues, and the question of necessity. Sybill Navas and Jim Shearer expressed their feeling Ordinance 15 was redundant and had already been addressed at the federal level. Paul Johnston said the ordinance was a proactive action and felt constitutional rights were not being violated. Other Council members indicated they would also support the ordinance. Tom moved to approve Ordinance 15 with a second from Paul Johnston. A vote was taken and passed, 4-0, Sybill and Jim voting in opposition. 1 Vail Town Council Evening Meeting Minutes 09/06/94 Item No. 5 was a report by the Town Manager. Bob stated he had nothing to add to his memorandum, which had been included in Council packets. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at approximately 9:45 P.M. Respectfully submitted, Merv Lapin, Mayor Pro-Tem ATTEST: . Holly L. McCutcheon, Town Clerk Minutes taken by Holly L. McCutcheon ('Names oi cerlain individuals who gave public inpul may be inaccurate.) , 2 Vail Town Council Evening Meeting Minutes 09/06/99 ~ p ORDIN14NC:E NO. 21 SERBES OF 1994 AN ORD9NANCE AMEND@NG CHAPTER 18.04, SEINDNG FOR7'F6 DEF9NITIOIVS FOR ACTIVE OUTDOOR RECREATION, INTERPFdETIVE NATUFiE WAL@CS, NATUFiE PRESERVES, PASS9V[E OUTD00R FtECREATION, PRiVATE, P496LBC iti4.aP4SI°PU~~ICy A0~D Cll-9Y'i1tlGIAtlliA d 9 AG SGOOTIOIV 9tlUIMIBG6'"e OF RECRGC'iT0O9tl 5TRUCTURE; AMENDING CHAPTER 18.36, PUBLBC USE DISTFt9CT; AMENDING CHAPTER 18.38 GREEPIB[ELT AnBD BVATUF3AL OPEIV SPACE DBSTRICT; i4ND CREAT9NG CHAPTER 18.33 OUTDOOR RECREA?T'ION DISTRBCT; AND REPEALING SfECTBONS 18.58.230 THROUGH 18.58.280, @NCLUSIVE, AND 18.14.04.D., 18.15.040.D., 18.32.040.fF., RE(aARDBN~'a HOF3SE GRAZIIVG PERIVIfiT; AIND SETTBlVG FORTH DETAILS IN REGARD TFdERETO. WHEREAS, the Town of Vail's economy is largely tourist based and the health of this economy relies upon maintaining active and passive recreation; and WHEREAS, the Town of Vail's ability to provide such amenities while protecting sensitive natural resources depends upon appropriate land use; and WHEREAS, the Town Council recognizes the importance of its role in these efforts; and WHEREAS, the purpose of these regulations is to guarantee the preservation of natural resources while providing recreational activities. IVOV1/, THEREFORE, BE IT ORDAINED BY THE TOV1/IV COUNCIL OF THE TOV1/IV OF VAIL, COLORADO THAT: Section 1 Chapter 18.04 - Definitions of the Niunicipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.002 to read as follows: Section 18.04.002 Active outdoor recreation means outdoor recreationaf activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc. Section 2 Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section of 18.04.185 to read as follows: Ordinance No. 21, 1 series or,ssa ~ Section 18.04.185 Interpretive nature walks shall mean unpaved pedestrian trails with either fixed signs or marked points which are used to explain the natural flora, fauna, geology, geography, or history in the immediate area. This use would exclude all mechanical vehicles except wheelchairs and maintenance equipment. Section 3 Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.257 to read as follows: Section 18.04.257 fVature preserves shall mean areas of land and/or water that are managed primarily to safeguard the flora, fauna and physical features it contains, while not precluding public access. Section 4 Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.273 to read as follows: Section 18.04.273 Passive outdoor recreation shall mean outdoor recreation activities which involve unstructured recreation wrhich does not require facilities or special grounds. Passive outdoor recreation would include: picnicking, fishing, walking, hiking, cross country skiing, informal playing fields, etc. Section 5 Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.278 to read as follows: Section 18.04.278 Private shall mean a use, area, property or facility which is not public. Section 6 Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.279 to read as follows: Ordinance No. 25, 2 Series of 1994 Section 18.04.279 Public shall mean a use, area, property or facility which: a. is owned and operated by a governmental entity, and functions or is available for use by all persons whether with or without charge; or b. is owned or operated by a person or entity other than a governmental entity, and functions or is available for use by all persons without charge. Section 7 Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.282 to read as follows: Section 18.04.282 Quasi-public shall mean a use wrhich is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity. Section 8 Chapter 18.04 - Definitions of the fViunicipal Code of the Town of Vail is hereby amended to change the section number of Recreation Structure from 18.04.280 to 18.04.285. Section 9 Title 18 of the Vail Municipal Code is hereby amended by the addition of Chapter 18.33 to read as follows: Chapter 18.33 - Outdoor Recreation (OR) District Sections: 18.33.010 - Purpose. 18.33.020 - Permitted uses. ~ 18.33.030 - Conditional uses. 18.33.040 - Accessory uses. 18.33.050 - Lot area and site dimensions. 18.33.060 - Setbacks. 18.33.080 - Height. Ordinance No. 21, 3 senas or,ssa 18.33.090 - Density. 18.33.110 - Site Coverage. 18.33.130 - Landscaping and site development. 18.33.140 - Parking. 18.33.150 - Additional development standards. 18.33.010 - Purpose. The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 18.33.020 - Permitted uses. The following uses shall be permitted in the OR district: A. Passive outdoor recreation areas and open spaces; B. IVature preserves; C. Bicycle paths and pedestrian walkways; D. Interpretive nature walks. 18.33.030 - Conditional uses. The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Public parks and active public outdoor recreation areas and uses, excluding buildings; B. Equestrian trails, used only to access IVational Forest system lands; C. Ski lifts, tows and runs; D. Cemeteries; E. VVell water treatment facilities; F. Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. , 18.33.040 - Accessorv uses The following accessory uses shall be permitted in the OR district: A. Accessory uses in the OR district are subject to conditional use permit review in accordance with the provisions of Chapter 18.60. Ordinance No. 21, 4 Series of 1994 18.33.050 - Lot area and site dimensions. Not applicable in the OR district. 18.33.060 - Setbacks. In the OR district, the minimum setback shall be twrenty feet from all property lines, except as may be further restricted by the PEC in conjunction with the issuance of a conditional use permit in accordance with the provisions of Chapter 18.60. 18.33.080 - Heiqht. For a flat roof or mansard roof, the height of buildings shall not exceed twenty-one feet. For a sloping roof, the height of buildings shall not exceed twenty-four feet. 18.33.090 - Density. fVot applicable in the OR district. 18.33.110 - Site coveraqe. Site coverage shall not exceed five percent of the total site area. 18.33.130 - Landscapinq and site development Landscape requirements shall be determined by the Design Review Board in accordance with chapter 18.54. 18.33.140 - Parkina. Off-street parking shall be provided in accordance with Chapter 18.52. 18.33.150 - Additional development standards Additional regulations pertaining to site development standards and the development of land in the outdoor recreation district are found in Chapter 18.58, Supplemental Regulations. Section 10 Chapter 18.36, Public Use (PUD) District, is hereby repealed and reenacted to read as follows: Chapter 18.36 - General Use (GU) District Sections: 18.36.010 - Purpose. 18.36.020 - Permitted uses. 18.36.030 - Conditional uses - Generally. 18.36.040 - Accessory uses. 18.36.050 - Development standards. 18.36.060 - Additional development standards. Ordinance No. 21, 5 series ot 19,34 18.36.010 - Purpose. The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 18.02.020 and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 18.36.020 - Permitted uses. The following uses shall be permitted in the GU district: A. Passive outdoor recreation areas, and open space; B. Pedestrian and bike paths. 18.36.030 - Conditional uses - Generally. The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Public theaters, meeting rooms and convention facilities; B. Public parking facilities and structures; C. Public transportation terminals; D. Public utilities installations including transmission lines and appurtenant equipment; E. 1lVater and sewage treatment plants; F. Public and quasi-public indoor community facility; G. Public buildings and grounds; H. Public and private schools and educational institutions; 1. Public and private parks and active outdoor recreation areas, facilities and uses; J. Golf courses; K. Ski lifts, tows and runs; L. Churches; M. Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities; Ordinance No. 21, 6 series of 1994 N. Equestrian trails; 0. Public tourist/guest service related facilities; P. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises; 0. Major Arcade; R. Helipad for emergency and/or communiry use; S. Type III EHU as defined in Section 18.57.060; T. Type IV EHU as defined in Section 18.57.070; U. Seasonal structures or uses to accommodate educational, recreational or cultural activities; V. The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: -offices; -transit/shuttle services; -sundries shops; -restaurants; -ski and bike storage facilities; -tourisUguest service related facilities. 18.36.040 - Accessoni uses. The following accessory uses shall be permitted in the GU district: A. Minor arcade; B. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. 18.36.050 - Develoqment standards In the General Use District, development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: A. Lot area and site dimensions; B. Setbacks; C. Building height; D. Density control; E. Site coverage; F. Landscaping and site development; G. Parking and Loading. Ordinance No. 21, 7 Series of 1994 Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Planning and Environmental Commission during the review of the conditional use request in accordance with the provisions of Chapter 18.60. 18.36.060 Additional develoqment standards. Additional regulations pertaining to site development standards and the development of land in the General Use District are found in Chapter 18.58, Supplemental Regulations. Section 11 Chapter 18.38, Greenbelt and IVatural Open Space (GNOS) District, is hereby repealed and reenacted to read as follows: Section 18.38 - Natural Area Preservation (NAP) District Sections: Section 18.38.010 - Purpose. Section 18.38.020 - Permitted uses. Section 18.38.030 - Conditional uses. Section 18.38.040 - Accessory uses. Section 18.38.050 - Development standards. Section 18.38.060 - Parking and loading. Section 18.38.070 - Additional development standards. 18.38.010 - Purpose. The natural area preservation district is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in section 18.32.020 (Permitted uses) . The natural area preservation district is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the Ordinance No. 21, 8 Series of 1994 natural character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. 18.38.020 - Permitted uses. The following shall be permitted uses in the IVAP district: A. Nature preserves. 18.38.030 - Conditional uses. The following conditional uses shall be permitted in the NAP district, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Equestrian trails, used only to access National Forest system lands; B. Paved and unpaved, non-motorized, bicycle paths and pedestrian walkways; C. Interpretive nature walks; D. Picnic tables and informal seating areas; E. Parking, when used in conjunction with a permitted or conditional use; F. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings. 18.38.040 - Accessorv uses. Not applicable in the IVAP district. 18.38.050 - Develoqment standards Not applicable in the IVAP district. 18.38.060 - Parkinq and loadinq. Parking and loading requirements will be determined by the Planning and Environmental Commission during the review of conditional use requests in accordance with the provisions of Chapter 18.60. 18.38.070 - Additional development standards Additional regulations pertaining to site development standards and the development of land in the Natural Area Preservation District are found in Chapter 18.58, Supplemental Regulations. Section 12 All provisions within the Town Code that provide for horse grazing or horse grazing permits are repealed, including Sections 18.58.230 through 18.58.280, inclusive, and 18.14.040.D., 18.16.040.D., and 18.32.040. F. Ordinance No. 21, 9 sarie5 or 1994 a Section 13 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any Ueason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, sec,tion, 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 14 The Town Council hereby finds, determines and declares that this ordinance is necessdry and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 15 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code 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 proceeding as commenced under of 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 repea.led or superseded unless expressly stated herein. Section 16 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. Ordinance No. 21, 10 serias of 1994 INTRODUCED, READ OIV FIRST READIIVG, APPROVED AND ORDERED PUBLISHED ONCE IIV FULL, this 20th day of September, 1994. A public hearing shall be held hereon on the 4th day of October, 1994, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Merv Lapin, Mayor Pro-Tem ATTEST: Holly McCutcheon, Town Clerk READ AIVD APPROVED OIV SECOND READIfVG AIVD ORDERED PUBLISHED this _ day of , 1994. Merv Lapin, Mayor Pro-Tem ATTEST: Holly McCutcheon, Town Clerk I Ordinance No. 21, ' 11 Series of 1994 a , ORDINABVCE NO. 22 SER6ES OF 1994 AN ORD9NANCE AnAEND9IVG OfRD1NANCE IVO. 39, SERBIES OF 1981 TO REMOlfE THE REJTRICtlION ON a7P1LEy TRp6AMJFER ORb WONtl G II/11V VG b°iND OefTE/'1 0IItlG i'4N GMPLO1T GG WOUSING UNIT FO9'8 JNLE OA'"0 REtllT/"OL I WHEREAS, Ordinance fVo. 39, Series of 1981, permitted the maximum allowable dwelling units on Lot 6, Block 2, Potato Patch at 31 dwelling units providing that one such dwelling unit be restricted to an employee housing unit; and WHEREAS, that ordinance required that the employee housing unit shall not be sold, transferred or conveyed for a period of not less than the life of Trent Vllilliam Ruder, a life in being, plus twenty one (21) years from the date that the Certificate of Occupancy is issued for said unit; and WHEREAS, the ordinance also set other restrictions for the employee housing unit including that the unit shall be rented only to tenants who are full time employees in the Upper Eagle Valley and that the employee housing unit shall not be divided into any form of timeshares, interval ownership or fractional fee and that a Declaration of Covenants and Restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restriction herein shall run with the land; and WHEREAS, the Federal Deposit Insurance Corporation (hereinafter "FDIC") has acquired title to the unit as, successor in interest to the Resolution Trust Corporation (hereinafter "RTC") wrho is the successor in interest to Silverado Banking, Savings & Loan Association; and WHEREAS, there is presently pending in the United States District Court For The District Of Colorado, Civil Action iVo. 94-B-151 known as FDIC v. The Town of Vail and 770 Potato Patch which requests that the Federal District Court quiet title in FDIC and find that the covenant against transfer and employee housing use be found to be unconstitutionat and invalid and further requests actual and exemplary damages; and , WHEREAS, the Town of Vail has entered into a contract to purchase the caretaker unit, 770 Potato Patch Drive Condominiums as a means of resolving the above-referenced litigation and to create a for sale or rental employee housing unit. Ordinance No. 22, ' 1 Series of 1994 fVOVV, THEREFORE, BE IT ORDAINED BY THE TOV1lIV COUIVCIL OF THE TOVVN OF VAIL, COLORADO THAT: Section 1 Ordinance fVo. 39, Series of 1981, is hereby amended by repeal of the following language from Section 1 therein: 5. The applicant shall agree in writing: a. That the employee housing unit shall not be sold, transferred or conveyed unit for a period of not less than the life of Trent VVilliam Ruder, a life in being, plus twenty one (21) years from date that the Certificate of Occupancy is issued for said unit, and ' b. That the employee housing unit shall not be leased or rented for any period of less than thirty (30) consecutive days, and that if it shall be rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The "Upper Eagle Valley" shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A"full-time employee" is a person who works an average of thirty (30) hours per week; and c. That the employee housing unit shall not be divided into any form of timeshares, interval ownership or fractional fee, and d. That a declaration of covenants and restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land. Section 2 This unit shall remain an employee housing unit subject to the Land Use Restriction Agreement entered by and between the FDIC and Town of Vail and the Town of Vail's Occupancy and Resale Deed Restriction, Agreement and Covenant which vuill be based upon the Town of Vail Affordable Housing Guidelines. Section 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. Ordinance No. 22, 2 Series of 1994 Section 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. Section 5 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 6 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. IIVTRODUCED, READ OIV FIRST READIiVG, APPROVED AND ORDERED PUBLISHED OIVCE IfV FULL, this day of , 1994. A public hearing shall be held hereon on the day of - , 1994, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AIVD APPROVED OIV SECOfVD READING AfVD ORDERED PUBLISHED this _ day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk Ordinance No. 22, 3 series of 1994 ~ ~ t.. ~ 9 THE FACTSe The Booth Creek Pag 3 1eHow is the property zoned? And what are the covenants? The property is zoned agricultural and open space. Conditional uses allowed are a. any use within public parks,.which involves assembly of more than two hundred persons together in one building or group of buildings or in one recreation area or facility b. Public or private schools and colleges, ce churches,f,-ja ski lifts and tows, cemeteries,etca The existing covenants in effect for the Par 3 parcel,Tract A, Vail Village Thirteenth Filing read as follows:,o,the Subject Lands, shall be used as an open area for recreational purposes or public and private schools or municipal services such as a fire sub-station. It may be improved by landscaping, paved or gravel paths, decks retaining walls, wind screen, walls or fences, parapet walls, fountains, steps, minor vehicular ` -driveways, recreational facilitieso including pools and related appurtenant buildingse 2e What about the proposed ordinance providing for open space? If ordinance #21 presently before the town council passes it will amend the present green belt and open space district guidelines. There is no guarantee that this parcel will or will not be included under the above ordinancee Furthermore, there are no guarantees that future councils will not take any action 5 or 10 years from now to change any protective status that may occur, 3. Will our taxes be increasecl? There will be no tax increaseo The Par 3 will be financed by revenue bonds with payments of principal and interest paid by revenues generated by the VRD (Vail Recreation District)e 4. What about the wetlands? There is e4 acre of affected wetlands on the site. This o4 acre will be mitigated (traded) to the satisfaction of the Army Corp of Engineers for other wetland sites in Vaile Similar wetlands were mitigated when the Vail Valley Consolidated Water District enlarged Black Lakes Dam, According to VVCWD Bob Weber, of Hydrosphere, sufficient mitigation sites are available within the Vail Valleye 5. What about chemical fegtilgzer uasage? The VRD (Vail Recreation District) is extremely sensitive to the need to maintain the water quality in Gore Creek, Healthy turf is one of the best forms of protection against erosion. Those agencies monitoring Gore Creek water quality have not currently found golf course chemicals to have impacted water quality, 6. Is there a sufficient water supply? The Vail Valley Consolidated Water District, according to its' attorney, Glen Porzak of Holme, Roberts and Owen, has - sufficient water rights to service this new golf coursee The physical supply of water for this course could either be treated page 1 ~ ~ 1. water or raw water from the Consolidated District's Booth Creek ' diversion point. 7. What about the safety of the Par 3? Dick Bailey, AIA of Dick Bailey Design Inc, a certified golf course architect, is staking his reputation that he can build a safe golf course. No architect has ever criticized the Dick Bailey design for this Par 3. There is sufficient acreage for the Par 3. Both the Cherry Hills Par 3 in Denver and the Pebble Beach Par 3 in California are built on smaller acreage. . 8. When is the election and who can vote? The election is Tuesday, November 8th at your specified polling place. The deadline for voter registration is October 14th. In addition to Vail registered voters, any VRD property owner who is a registered Colorado voter is also eligible to vote. An absentee ballot may be requested from the Eagle County Clerk at 303-328-8710 or the VRD offices at 303-479-2279. The ballot must reach the clerk's office before 7:00 PM on Tuesday November 8th, 1994, election day. 9. Why is the Par 3 needed? The VRD supports the development of the Booth Creek Par 3. They are currently turning away all golfers,including juniors, because of limited tee times. The Par 3 will relieve some of this pressure from the 18 hole course and free up tee times for the 18 hole players. 10. How will the Vail resident golfer benefit? Vail residents will be given reduced green fees and/or season passes with special consideration given to juniors. They will have a quality course to practice their short game, requiring less time than the championship course. There will be a longer season on this course due to the local (southern exposure). Of the numerous golf courses in the VAil Valley most are private. Currently there are only two public courses available between East Vail and Gypsum. 11. Does the Vail Town Council approve of this usage? The Town of Vail has approved the VRD to lease this parcel for a Par 3 golf course. 12. Will the Par 3 make money? The feasibility study states that in the most canservative of estimates, the Par 3 will make $40,000 the firS*e year (revenue less expenses). This will be applied to the debt service. After 10 years, the revenue bonds will be totally repaid and the Par 3 will be debt free thus producing revenues for the recreation district for programs such as sports, youth service and ice skating. 13. How do the residents and homeowners of Booth Cseek feel? page 2 0 ~ i The overwhelming majority of these homeowners are 100% in favor of the Par 3e 14. Who else supports the Par 3? Among many others, the CGA (Colorado Golf Association), the Tom Whitehead Jr, Golf Foundation Board, the Vail Men's Golf Association, the Vail Men and Women's Senior Golf Association and the Vail Women's Golf Association have pledged their supporto ' 15. 6dhat is the history of this lanci? The parcel was originally used by sheep ranchers and a Vail horse operation resulting in overgrazing and invasion by thistles,the tell tale sign of overgrazing throughout the western statesa 16o What about parking and how big wiYl the clubhouse be? The structure to be used as a starter facility and snack outlet will be smaller than the present starter house at the 18 hole courseo The parking area is designed for 26 cars and is approved by PEC and DRBo page 3 INORK SESSION FOLLOIN-UP TOP6C QUESTIONS F0LL01N-UP SOLUTIONS 1993 10/19 SNOUV STORAGE LAND LARRYIBOB McL: Immediately pursue purchase from VA Initial discussion between TOV antl VA re: possible future land exchanges PURCHASE . of current snow storage site, as well as another 10 acres have occurred. adjacent to the west. 1994 02108 MANOR VAIL SIDEUVALK BOB McULARRY: Investigate blind corner. Negotiating with Bob NicClery re: use of sidewalk, (request: Johnston) 02/15 CHUCK ANDERSON YOUTH PAMIMERV: Contact VRD about moving up the selection Packet received antl included in Paul's and Jan's materials, 5/3194. AINARD process to allow avuards to be given during Nlay PRIOR to (request: Strauch) graduation or to be included with the graduation ceremonies. 03108 UNDERGROUNDING OF UTILITIES LARRY; Create a Master Plan to phase the undergrounding Larry has memo in process. NiASTER PLAN of all above-ground utilities within Vail. (request: Council) 03/08 NIGHT LIGHTINGlNIGHT TOUR LARRY: It would appear our night lighting in the 1Nill schedule for an Evening Meeting in August, 1994, when Jan has (request: Strauch) Crossroads/VTRC/Covered Bridge area coultl use some returned. TOV, in the past, budgeted $30,000 for adding lights to bus 09/27 COUNCIL IS REQUESTING A COPY enhancement. 1Nhat is the street lighting program currently stops, street intersections, and bridges for safety. Starting in 1994, the OF THE OVERALL LIGHTING "PLAN" geared toward? budgeted amount was increased to $50,000 to address both safety PRIOR TO THIS NIGHT TOUR. , concerns and those areas addressed in the Village Streetscape Plan. COUNCIUSTAFF: In the near future, we will try to schedule an evening "tour" to look at the ambience created Re: Christmas lighting at VTRC: Lighting addition depends on a and safety issues inherent in our "core" community. prioritization of funtling. 04/05 SIGNS LARRY/GREG: UVhy are there so many signs in this town? Tom, Ken, Buck, antl Larry met Tuesday, 5113194. They will return with a They represent neither a quality appearance nor are they proposed signing plan by the end of July,1994, with a review by Council "user-friendly." There are 24 signs between Tom following and implementation by fall of 1994. Steinberg's house and the TOV... 04/05 COUNTY REGIONAL MEETINGS BOB McL: Coordinate with Jack Lewis. Tuesday, November 9, has been tentatively set, although no time, location, or specific agenda has been determined. , September 30, 1994 Page t oi 2 07105 PLAQUE PLACEMENT MIKE M.IPANi: Elizabeth Wilt has requested the Town MIKE Ni./PAM; George Ruther and Pam will meet with Elizabeth 1Nilt on , follow-up with memorializing both John and Cissy Dobson at 11111194, to determine Covered Bridge plaque placement. Elizabeth will a site on or close to the Coveretl Bridge, as well as Chuck speak personally to Oscar Tang re: the Chuck Betcher plaque, since this Betcher in the area of the Crossroads benches (adjacent to is entirely private property. Alfalfa's). 09/06 ST. NiORITZ SIGNS (request: Lapin) MIKE MOLLICA: Research how we might incorporate a sign INill violate existing sign code. Tom and Mike M. will offer memo. program similar to that used in St. Moritz which allows hotels (for a fee) to be placed on designatetl sign posts and allows for quick, easy recognition of where that particular hotel is located. Research whether this constitutes off-site advertising with Tom Moorhead. Bob has a memo reatly for hotels. 09113 PAR 3 ELECTION QUESTION PAM: Presentation before Council is scheduled for the evening meeting on 10/4194. September 30, 1994 Page of 2 ~ VAM TOW"N COi.TNCYY.IVIEETYNG SCHEI)ULE (as of 9/23/94) OCT~BE8by 1994 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: EVENING MEE7PINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience fbr conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (uniess otherwise noted) on every Tuesday afternoon. YHE OVTOJ6~ER, 19949 VCHJLL/ 8OYY1Y VOUNCYJIJ ME3JJ1I1YG SVa8dJ1/UL-E gS AS FOI.B.OWS: Tuesdav, October 4 1994 Work session............ 12:00 P.M. OT EST'lle2' (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Thursday, October 6 1994 Special Work Session-Budget... 05:00 P.M. - 09:00 P.M. , Tuesdav, October 11 1994 ~ Work session............ 02:00 P.M. (starting time determined by length of agenda) Thursday, October 13 1994 Special Work Session-Budget... 05:00 P.M. - 09:00 P.M. Tuesdav, October 18 1994 Work session............ 02:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Thursdav, October 20 1994 r1/onial V;A1n,~1, Qn,...' ivia..-U,J -r- j,iu~cV... VtJ.VV r.iVl. - Vy:UV r.1V1. Tuesdav, October 25 1994 Work session............ 02:00 P.M. (starting time determined by length of agenda) TOViIIV OF VAIL ~~_~~~'~~~~-~tt,C~?tu-(.~,t~ Pamela A. Brandmeyer Assistant Town Manager 1AY~x,4? ~ - . ' -THED.ENVER.. . , ; f ~ (kh r new telete".blom policy Colorado wants sound foundation for Inf6 _ . ~~ghway By Dinah Zeiger to figure out is how to use these overtime to piill it e'rf. Denver Post Business Writer promising technologies to benefit 4 ` olorado is just beginning taxpayers and at the same time The lieutenant governor has the tortuous process' guarantee that most citizen - spent the last four ni(:nths stump- abandonecl by the U.S. re ardless of where the live or ing the state, listening and talkin k_'~'Senate on Friday to pass how much the,make - have equa about the telecommunicat b ions - ` legislation to reshape the telecom- ac, cess~ revolution. He's convinced Colora- munications indust.ry. do must embrace these new tech- ? By the end of the year, a new nologies and disburse them state- Nationwide, states are, strug- policy, that could include clianges wide if it is to develop as an f gling to find the best wa y to us h e r i n C o l o r a d o l a w s m a y b e o n i ts economic powerhouse in the 21st:_ in the new telecummunications way to the General Assembly. I;t. "°`J`- Tne oer,ver Post Jer?y cie era. What governments are trying Gov. Sam Cassidy is working Please see TELECOM on 8H Colorado's Lt. Gov, Sarti Cassidy has .worked hard ti - Colorado on track. , ~..._._.w...__.__ ~ ~ ~ ado pumesuerN PO ~ y newte' 10%111 ~ " , C ~ m 5tate -'Transportation D.e- TELECOM from Pa e 1 H - 9 I- partment. One of the major ex- ~~~~~~s century. I. --penses in deploying fiber-optic ca- , To et Colorado on track Cassi- ble'is right of way. But Colorado ~ ~ g ' ~ owns extensive rights of way along ' Policy changes in Colorado could include: • ; dy has'mapped out an ambitious ~ the 9,160 miles of the state high- El Using state highway righis of way as the gateway to outlying com- fall campaign that begins tliis way system. munities. Incentives could be built into lease agreemehts to promote ~ month with a series of community- The state's new telecommunica- using the existing rights of ways on the state's highways to encourage ; level meetirags and will end in De- tions policy could include new telephone or cable companies to extend tiber optics beyond the popu- ~ cember, fingers crossed, with .a ' lation-dense Front Range. ' laws that permit the Transporta- ~ draft policy that is likely to in- ; tion Department to make attrac- ~ke Amending regulatory policies to give rate breaks to companies that , clude legislative proposals next : pacity available for services like telemedicine or distance edu- ~ year. . ' tive lease terms or to charge pri- cation. ~ Is it doable on such a short time- ~ vate telecommunications p Earmarking state or local government facilities as 'anchor tenants' in ; table? Cassidy thinks so. ~ companies laying fiber to use its communities. County offices or community colleges could become ; "People around the state, al- ; right of way. That would encour- 'early adopters' of new telecommunications services and encourage Age fiber-optic deployment away widespread deployment of infrastructure to outlying communities. most by stealth, are keyed to this jj from the main north-south liigh- ~ issue," he said in an interview last i-'; way corridors and into outlying - - , week. People in Colorado under- ; Parts of the state. And taxpayers ~.stand how important this is. The could benefit, either by the money ; Existing anchors ~ problem is, we don t have the in- frastructure to do it." ~ earned from using its rights of : The' anchors already exist, in I 'r ~ way or because the companies that the state's 11 community and four ;~eyond' government ; build along them won't cliarge ~ district colleges and in local gov- ' It's not.,strictly a government ; ratepayers for the cost of paying : ernments, especially in the 63 ' for the right of way: county seats. Counties amass a ; issue. It's about getting private in- ~ ~°Taxpayers already own it," ~ huge volume of vital information, ,.dustry, legislators and regulators ; Cassidy said. "They shouldn't have : from real estate records to sales ; to. buy into.change. to pay for it twice." ; tax data. All of that could. be inte- `,`There's a real difference be- [2 State regulatory agencies. grated and made available to citi- ~ tween the'goyernment's approach A new pricing structure for specif- ; zens by putting it online in data ~ to building°an Information High- way,and the private sector's," Cas- ; ic telecemmunications services is ; bases that couJd be accessed from - sidy :said. "'When U S West or TCI ; another incentive the state can _com~t~~e~s in local libraries or in ~ makes a business decision about ~ Wield. ~ citY halls_ ; whether to lay fiber, it's made on, ~ "Perhaps we can carve out cer- ' One such effort, through the :.the basis of where they will get the ` tain kinds of telecommunications ` state Labor Department, central- :,highest ,return for their invest-. ~ services that we think are particu- ized unemptoymeu~ ~~a~ms using ; larly valuable to a community and an 800 number and allowin eo- ; ment. That's not always compati- g p ' ble with what government must do ` figure out incentives for private- ple to filc and report by plione. Ev- ~ or, what: the"community's needs ' sector investment to encourage erything is processed electronical- ;.are." them to make capacity available ly. ~ for services like telemedicine and Many states.already have em- << „ ;`.barked,on highway, building, either ~ distance learning, Cassidy said. We found it reduced the cost of •._choosing to construct the infra- 13 Government as anchor ten- delivering service, and people .;.5tructure - the fiber-optic. cable ant. Government is a huge con- were served faster," Cassid,y said. #'and so histicated switchin and sumer of telecommunications . p g ~ i products. "Time is of the essence," he , vcomputer systems - themselves ~~Why not marshall the inherent said. "The world is changing, and ' i~or let the telecommunications ii • o' I economic incentive and create the Whether we change with it or be- , ~companies do it. ~ I, hind it is the choice we must make. ; Ef ; Cassidy wants to see a three-. same thing you see in shopping centers, where you get an anchor It's clear we are shaping the fu- r!way partnership between the i ~ tenant in there and know the mall ~ ture oi ine ;tstate; private industry and taxpay- ders - one he l~opes will lead to a';will survive, Cassidy said. ~COherent plan that is both techni- ~ gallyi..possible`and serves the needs~ From the desk of ~ofyColo~adii'si~§~+ differentncommuni-.;w ~PBPllU~° ~~3~ fa r~+ . ~ . ~ ' ~fies~3~he`~go~ernment's role is~to;~ pr1 r/i tyd . ~ r, ~i , ir„st~,fmd;~ciut what~'commdnit'ies~+µ want, tthen~ determine whether it's ; ~f~eas~ible, and finallyima a kerit possi.,; To: ~~t l~le,,by changing state lws~if nec-~~~ ~essarY 4, Y.r n~the~goy~rnment=help;. September 26, 1994 deliver ttiuse sqstems~~~Here are~;; ome ,ideas;under consideration k , T0: TOV Council ~ FR: Annie Fox RE: INFORMATION RETRIEVAL VIA TELECOMMtTNICATIONS One of the traditional mi.ssions of libraries is to provide access to information and act --Das a leveling agent in the community by providing equal access. The highly technical methods of • information retrieval are one part of that . very established role for libraries in communities. \ 1 ~ A,9e4 TOWN OF VAIL ~ 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 3~ ~~~~IATE RELCASE September 30, 1994 Contacfi: Suzanne Silver4horn, 479-2115 Community Informafiion Office BUILDBNG PERflflITS MUE~ ~Y THE-T0WN OF !lAPL The following building permits have been issued through 4he Town of Vail Community Development Department for the period Sept. 23-30: _ Northwoods B312, 600 Vail Valley Dr. #6312, atteration, $5,000, Laird Construction. Edrich, 595 Vail Valley Dr. #264, remodel, $4,000, Nedbo Construction. Dickinson, 4229 Nugget Lane, avalanche wall, $61,000, Campbell Construction. Crossroads West, 141 E. iVieadow Dr., reroof, $17,000, Plath Construction. Pine Ridge Townhomes, 2195 Chamonix, reroof, $12,000, Plath Construction. Jordan, 483 Beaver Dam Rd., remodel, $30,000, Shaeffer Construction. Dreifus, 5020 Niain Gore fVl-2, deck, $2,000, Deck Unlimited. Aspen Leaf, 1769 Alpine Dr., reroof, $14,000, Ace Roofing. Klien, 1710 Sunburst, deck, $3,000, JefF Lutz. Simba Run, 1100 N. Frontage Rd., spa, $14,000, Zeli Construction. Curtain Hill, 254 Bridge St., remodel, $23,000, Saltire Development. Kron, 2771 Kinnikinick, remodel, $11,000, Rusty Spike. Thompson, 2820 Aspen Ct. B, repair, $500, Ron Garland Ent. Vail Valley fVledical Center, 181 W. fVieadow Dr., alteration, $65,000, Hyder Const. L'Ostello Hotel, 705 W. Lionshead Cr., alteration, $315,000, J.L. Viele Construction. # # # 6993 4VAIL TOi~fil 75 South Frontage Road vail, Colorado 81657 303-479-2100 FAX 303-479-2157 VApL POLpCE DEPqRTMER9T NEWS RELEASE Date of Release: Sept. 29, 1994 Contact Person: Sgt. Joe Russell, 479-2249 T1lpe Of CPOme: Second Degree Burglary Theft LOCag10n Of OCCl9PPenCe: Subway (V1/est Vail fViall), 2161 N. Frontage Rd. West Tame o$ OccuPPence: Afiter 11 p.m. on Sept. 28 and prior to 6:45 a.m. on Sept. 29 Synops6s of Eerents: At about 6:45 a.m. on Sept. 29, the Vail Dispatch Center received information that a portion of a cash register was found in the back parking lot of the Vail Das Schone Condos. Vail Police responded, searched the area and discovered that a burglary had occurred at the Subway sandwich shop in the West Vail iVlall. Investigation revealed that the suspect(s) gained entry into the shop through a back window. Investigation also revealed that the suspect(s) cut their hand(s) and left several other cluss which will be sent to the Colorado Bureau of Investigation lab for analysis. An undisclosed amount of cash was taken in the burglary. If anyone has information about a person or persons who were out between the time frame listed above and who have a recent cut to one or both of their hands, or has information about this burglary, we ask that you call the Vail Police Department at 479-2200 or the Eagle County Crime Stoppers at 328-7007. # # # SENT BY:EAGLE COUNTY ; 9-30-94 ; 9:56 ; 3033287207- 3034792157;# 1/ 1 ' ~ • li1U I (:()I.IN'IVHLIILI)ING c'f('L• 17f 71I1: HRVniawnY • 'R1). Rt1x 8% IlJN1V MANAU R I A(; I I•, ('(.li.f. iRAD[l 816. ! 1 l)lUlr,t15 '•",,i."' <FAX: 011.113211-7207 •1, ~ :,Y:.'r ~.~'l~• ,L ~µ~G ~~•FC EAGLE C~UN~, CC)LORAD~ - - - - MEMa UM TOo Ble'otec9 4fficaWsq 17epartment Heads & ibiedia Cmntacts FROMa lack d.ewis . Il~ATEe Septernber 30, 1994 REo Board Meeting Changes 'II'hcrc wrall bc no reguBar meetings mf the liAg1e Board of County Commissioners on Nlonday9 Dmenbea° 26; Tuesday, ]DeA:eL$IIber 27q WeddBeSd$yy ID~~embLd° 28 aAA,d MoI1d$y9 JaHluAry 2, due to the vvinWx holiclay season. Pleme plan Wiead so that ail necessary busine.ss mn be put Un the agendas before or after these dates. The individual ar andividuals in your department rrsponsible for schedulang agenda iteirns should be rraade aware of thas sohedule. l'ttank you. jd e ~ X C ~ ~ RECEIVp r0 ~ 1~ CML Colorado Muniapal :League 1660 I.incoln Street, Suite 2100 o Denver, Colorado 80264-2101 o Phone (303) 831-6411, FAX (303) 860-8175 TO: (1) Mayors and Managers (or Clerks in ARunicipalities without 1Vlanagers); (2) Municipal Attorneys; (3) ldi[unicipal Planning Directors; (4) CARL, Executive Board; (5) CARL Municipal Caucus Members; (6) PRembers of CML's Ballot Issues Committee; (7) COG Directors; (8) DOLA Field Reps FROM: Ken Bueche, Executive Director SUB,~CT: Rlovember Statewide Sallot Issues Affecting Municipalities II~ATE: September 27, 1994 Introduction On November 8 voters are expected to cast their ballots on three refened and nine initiated statewide issues. The I,eague Executive Board has taken positions on eight of these measures which, if adopted, will have substantial impact on municipal operations. Listed below are the twelve issues and the I.eague's positions: CIVIL Amendment Subjeci Position A Itestricts ballot measures to a single subject Support B Provides for distribution of information on statewide ballot issues to voters Support C Restricts the release of violent offenders on bond while they appeal their No Position convictions 1 Increases taxes on cigarettes and other tobacco products and provides for a Support local shareback and local taxation 11 Gives injured workers personal choice on health providers and medical Oppose treatment under workers' compensatiea system 12 Among other things, expands the initiative and referendum laws, allows Oppose recall of judges, requires voter approval for politicians' pay raises, limits campaign contributions 13 I.egalizes casino gambling in Manitou Springs without local voter approval, Oppose - and slot machines in public airports subject to approval of governing body 14 I.egalizes casino gambling in Trinidad subject to local voter approval No position (Court action to strike from ballot pending at press time) 15 Itestricts campaign contributions for candidates for state office No position 16 Authorizes expanded regulation of obscenity at the state and local level Support 17 I.imits the terms that local officials can serve on two consecutive four-year Oppose terms and reduced the consecutive limit for U.S. House members from six to three terms 18 Itequires parents to pay for the health care costs of their infants IVo position (over) z Explanation of Attached Information Fund Raising ~ Attached to this memo aze informational materials on each Municipal funds, of course, cannot be contributed to of the statewide ballot issues which are of primary interest support or oppose an amendment. However, municipal to municipal officials and on which CML has taken a officials desiring to contribute personal funds or knowing position of "support" or "opposition." These materials are others who wish to contribute in support or opposition to color coded by ballot issue to facilitate reading and easy any amendment may contact the League staff for usage. With the exception of Amendment 12, the ballot information on political committees which are accepting materials are organized in alphabetical and numerical order. contributions. The materials on Amendment 12 appear first and are in greater detail because Amendment 12 has the most far Additional Information reaching and serious implications for cities and towns. Included with the Amendment 12 materials is a sample Numerous reports and analyses have been and will continue resolution opposing Amendment 12 which municipal to be published, particularly on Amendment 12. Copies of governing bodies may adopt or modify. some of these along with other information may be obtained by contacting the League staff. We encourage you to Role of Municipal Officials contact the League for any assistance or additional information. Please send us a copy of anything your Municipal officials aze strongly encouraged to become municipality does relative to these measures. Please send involved with the issues which affect your municipality. us media clips and editorials on ballot measures. We will Elected and appointed officials and municipal employees also be reviewing the. ballot issues at each of our district have numerous opportunities to influence the outcome of ineetings over the coming weeks. your attendance is the vote. However, you are cautioned that there are strict encouraged. legal prohibitions on expenditure of public funds for the purpose of influencing passage or defeat of ballot issues. Action Legal guidelines are contained on the sheet which immediately follows this cover memo. Printed below is a Active participation by public officials and emplovees in an checklist of some things municipal officials can do. As appropriate manner in their municipal or individual elected officials you have both a legal right and a political capacities is required now if the nublic is to be adequately responsibility to speak out on ballot issues. informed regarding the effects of the ballot issues on local communities. Also, please share these materials with other officials in your community who are not on this distribution _ is . Checklist of Tliings E1'ected'Offic~als Cari Do ~ Ask : your municipai staff to atialyze ` the Amendment's effects an`your municFpaIity : a/ Adopt a resolution of;: support or ;opposition : which desciibes tlie Amendment's locai effects ~ On your own timeget;mforniation concemmg ; the Amendment?s local; consequences to .your ; local newspaper, radio, and attier media Wnte an op ed piece, write a letter or arrange an i interview Qn your own fime, ;contact iocal business !and civrc: leaders and make sure they understand the ; , . ; ; local ramifications of the Ainendment ; < Encourage; them;to become activeiy involved ~n networkuig and spreading the word , v' Check withyour mucucipal attorney for further clarif catton on Colorado's Campa'ign Refarm ; ; : ; : `.Act: > C ~ Gul'del'ines for unicipal partoicipation in ballot ~ssue campaiens by Geof}'Wtlson, CML General Counsel EFMWAI& allots in the statewide or local November 1994 fort is done on his or her own time. If the public em- elections will include issues of profound impor- ployee is on a recorded hour system, make sure the re- tance to Colorado municipalities. Municipal of- cord reflects that the public employee took time off ficials can and should become actively involved in the from public duties to engage in campaign activities. public discussion of these issues. For salaried elected officials and employees, it is useful However, the Colorado Campaign Reform Act to develop some documentation indicating the time for (CRA) places significant restrictions on the use of pub- which compensation is paid (attendance at meetings, lic funds for advocacy purposes or for dispensing infor- working hours during the day, etc). mation in connection with local or statewide ballot is 5. If the local government has a policy permitting sues (See:1-45-116, C.RS.).'Ihese guidelines are public groups to use its facilities for communiry pur= intended to inform municipal officials and employees poses, it can allow groups opposed to or supportive of in a general manner concerning what they may and the ballot proposition to use those facilities so long as may not do, consistent with the CRA. Local govern- the policy is applied in an even-handed fashion. The lo- " ment officials and personnel should seek legal counsel cal government, however, cannot in any way be in- on specific questions conceming application of the volved in organizing such events. CRA that may arise during any campaign. 6. Public employees may respond to unsolicited ~ermi~suble ~~tuvufoe~ questions or requests for information about a ballot is- sue; however, the local government should careful}y It is pernus§ible to do the following in campaigns avoid producing information for the purpose of influ- in support of or in opposition to a proposed measure: encing the passage or defeat of the issue. 1.'Ihe lacal governing body may take a pasition of 7. The local governing body may use public funds to advocacy on the issue. The governun,g body may pass a develop and distribute a factual summary on any iss,ue resolution and take a public stand urging the electorate that will appear on a ballot in the jurisdiction.'I1ie sum- to vote for or against any matter. Staff background re mary must include arguments for and against the piro- search which leads up to passage of a resolution is also posal, but the summary itself may not contain a conclu- permissible. sion or opinion in favor of or against the proposal.1-45- 2. 'Ihe Act provides that any public official "who has 116 (b) (n • policy-making responsibilities" may spend up to $50 of public money on phone calls, letters, of other activities ampermis§sble activbfae§ "incidental to expressing his or her opinion on any gt as aaxapeaYnissable under the CRA to do the follow- such issue." This provision is intended to help public of- ing in campaigns in support of or in opposition to a pro- ficials avoid technical violations of the Act when they posed measure: are otherwise endeavoring to avoid use of public funds 1. Use or expend public funds or supplies; in their advocacy activity; it should not be viewed as af- 2. Allow employees or paid officers to work on a firmative authority to spend public funds on advocacy. campaign during their worltang hours or use any 3. Elected officials may speak out on the issues pre- public facility or equipment for the purposes of a sented on the ballot. There is no limitation in the CRA campaign; on the right of public officials to address any matter be- 3. Provide transportation or advertising using pulblic fore the electorate; the limitation is on expenditure of property or funds for the purpose of influencing, di- public funds. rectly of indirectly, the passage or defeat of an issue; 4. Public employees and paid elected officials may 4. Grant an employee or officer leave from his job or work on the campaign and speak out on the issues on office with the local government, with pay, to work on their own time. Any public employee who becomes in- a campaign. ~ volved in the campaign should document that the ef- 4 Amendment 12 Elect'ion reform or ~ i ele ti n ruinaton If it passes, get ready for governrnent by petition and lawsuit A mendment 12 contains a va and recall to widespread fraud by riery of provisions designed eliminating any practical means for talkl ng po1nts to shift Colorado even signature verification.'Ihe required Ballot Box Chaos-The more towards government by initia- number of signatures for local peti- AmendmenYs permissive rules on in- tive and referendum. The Amend- tions would be radically reduced, itiative and referendum processes ment would open the petition phase and taxpayers would be required to Will bring "government by petition" of initiative, pay for the printing of initiative petr to Colorado. Fringe groups, disaf- referendum, tions and provide other services free fected dissidents, and money inter- ~e~o , of charge to anyone who asks. ests can easily force elections (at The Amendment would delay taxpayer expense, of course) on any most governmental actions from tak state or local matter). ing effect unti191 days after publica- ¢~'idespread Petition Fraud- tion, and it mandates further delays ~e elimination of safeguards prevents ~~fock Del if its 1ax petition requirements are progreS s utilized detection of petition fraud. This means . c oAmendment 12 would provide unqualffied electi ns~iny our community and. GOf ~ crackpots and malcontents with a po- suspend community action. tent and inexpensive mechanism for 4Taxe§ for Political Cam- Justice obstructing a wide variety of govern- paigns-Amendment 12 will divert Undecinjnod mental actions. The existing author- ity of local governments to provide millions of your tau dollars from puir , lic services, such as education, law en- their voters with factual information ~tp1e p Ptt or to develop material "discussing" a forcement, prisons and public health„ , to fund political candidates and ballot .Y ballot issue (even for internal pur- Su r`e5se5 poses), is eliminated. Huge personal issue campaigns. ~ ? Pubpic I~tfo. 4 ~ penalties are mandated for public °G n~OCk-Progress gIeld ~io p officials or employees that violate ~~~endment 12 allows filing of referendum petitions to delay action a ~ Amendment 12, and those who are Q~ Pctition simply alleged to have violated the on most public matters for up to two Mania years until an election can be held. Amendment are denied a publicly Do funded defense, even if they are progress will be delayed, and often ru ultimately exonerated. prevented, by initiative and referen- , reasons, C1VIL dum tactics used by fringe groups For these h~Id , and opposes Amendment 12. gadflies. o. gIidden Costs to'raxpayers- ~~s Amendment 12 mandates new and ex tra taxpayer expenses. For example, AP1aly5o5 taxpayers must pay for printing and Amendment 12 makes it much delivery of initiative petitions upon re- • easier for small political cliques to quest of a single petitioner, no matter f ` get their issues onto the ballot how trivial, outlandish, or disruptive r ~ through the initiative and the proposal. -A' AmgndmeII$ 1 2 referendum process. Initiative and Election RBfOTII1 II referendum powers are extended to voters of school districts, counties, GML ~ guppORT 10 OPPOSE special districts, "authorities," and POSmON "enterprises" (state and municipal Shall there be an am-endment to the Colorado voters already possess the initiative Constitution to allow sta.te elections on an,4 subject in odd-nwnbered years; to allow in- and referendum Power). Addition- e~sation above ally, the Amendment may permit use creases in elected officials' com~p ~ or by infla- of the initiative and referendum 1988 levels only bY voter app ~ticipation power to review or adopt administra tion after 1994; to liit the future P overnment tive and non-legislative actions such of elected officials in sta.te a~d 1 Po to enact a as permit approvals, personnel deci- pension plans without voter app for individuaLs who make cash ~lfts to sions, and contract approvals (pres ~x credit ~ m~ittees that pledge to ta1~e ently, only legislative matters are do~t~`s on~jy ~ofrom human bemgs~ to limit , amenable to referendum or initia- contributions that political canclidates, elected tive). Amendment 12 would oblige ~ officials, or their casaPaagl" c°nD'n0`lttees may taxpayers to print petitions and pro- accept from specified sources; to restrict public vide other services free of charge to resources used in ballot issue eamP~ lat ons of any activist who so requests. require a mandatory fine for ~~l enditure, Petition signature verification is contribution, public exp made nearly impossible by provi- and p mp o~ PrO~1O~' to e~eudlsdictions to sions that relieve signers of any r~ ers to residents of a11 political j quirement to provide street address a11ow jud.ges to be recalled a~d b~' r~'~'to ~t future judicial position; or county of residence data, limit judges from aRY etition ballot titles to 75 words and to revi~ e n election officers to invalidating only P signatures which are "invalid on other procedural and substantive petiand recall; " (without reference to sions for the initiative, referenduID., ~ to ]innit the annual number of bills that goe~ t their face ion; voter registration data), and require ments may exclude from referendum e~ lon any private party challenging signa- to ~t the reasons for invalidatuig F tures to prove individual signatures Slgnat-ures; to repeal changes in State petition invalid by proof "beyond a reason- laWS or reg1i]ations adopted after 1988 unless able doubt." By making the signa voter-approved; to prevent elected offic~a ~oom ture challenge process virtually urr chang7ng eertain voter-approved ]a.ws; workable, the Amendment assures authorize individual, class action, or district that many more initiatives and refer- suits to enforce the a.mendment? enda being pushed by small political cliques and fringe groups will qualify charter or constitutional for the ballot. bination with those lowering the sig- amendment without a 4/5 vote of 'Me Amendment delays all but six nature requirement and making the each house of the General Assembly local government non-appropriation signature validation process essen- or of the local governing body. enactments annually from taking ef- tially unworkable, wil] provide oppo- A clear objective of Amendment fect sooner than 91 days following nents of a government action (or sim- 12 is to eliminate any flow of informa publication. If a referendum petition ply opponents of government) with a tion to voters from government con- with the requisite number of signa- powerful tool to delay and obstruct cerning ballot issues. Existing tures is submitted within this 91 such actions. Finally, taxpayer fund- authoriry of government to provide days, the effect of the enactment is ing mandates in Amendment 12 guar- voters with objective, factual summa further delayed until the next eleo- antee that this device will be inexpen- ries of ballot issues and the likely fis- tion, or the following election-if sive to those who wish to use it. cal impact of ballot proposals is elimi- petitions are submitted within three 'I11e Amendment insulates initia- nated. Huge personal penalties are months of an election. tive and referendum procedures, and Prescribed for public officials and em- Amendment 121imits available all measures approved by voters, ployees that "willfully" provide infor- election dates to the regular biennial from any amendment by elected offr mation to voters. Furthermore, if local government election date and cials; any such action would require public officials or employees are one date in early November of each prior voter approval. Further, elected even alleged to have violated Amend- year (i.e., eliminating most special officials may not refer to voters a pro- ment 12, public funds may not be elections). These provisions, in com- posed amendment to a"petitioned" used for their defense, whether or ~f i 4 ,4mendment 12, continued and eliminating fraud in the petition 'Ihe suppression of governme:nts' process, Amendment 12 diminishes opportunity to analyze for internEa pur- not they are ultimately exonerated. the important role that the petition re- poses or distribute to voters "mai:erial 'I1ie Amendment also would put in quirement serves as a gauge of actual discussing" a ballot issue is radical, un- place a mechanism to prevent voters voter support for a progosed ballot is necessary, and poor public policy. Vot from hearing the perspective of or re- sue. Amendment 12 will result in bal, ers legitimately laok to their govern- ceiving. information from "organiza- lots being filled with a myriad of pro- ment for information on the potential tions of governments." posals for which there may be little fiscal and other impacts of pending leg- Candidates' ability to accept large public support. Voters will then have islation. The law already requires that cash donations from certain donors is the responsibility of becoming irr such information be factual and accom- limited; however, their ability to accept formed on all of these issues prior to panied by arguments for and against cash donations from rich individuals voting. Failure to become informed, or the proposal. Amendment 12 is srimply and "contributions-in-kind" from any abstention from voting, will only serve an effort by those who hate goven.unent contributor is not impaired. Signifi- to enhance the opportunity for fringe to prevent voters' access to a sourc;e of cantly, no limit is placed on the group, single-issue voters to control information that may raise inconvenient amount of cash or other contributions election outcomes. questions about ballot proposals. that special interests may pour into bal- Whatever its flaws, the legislative Amendment 12's mandatory per- lot issue campaigns. The limits on canr process of representative government sonal penalry of at least $10,000 for paign contributions in Amendment 12 does involve a deliberative, give-and government employees who "willlully" further indicate the proponents' desire take process of compromise and , provide information to voters con.cern- to move toward more government by amendment. By contrast, the initiative ing ballot issues, together with it;> re- initiative and referendum, and their de- process presents voters with no opgor- quirement that anyone alleged to have sire to preserve the flow of money into tunity for deliberation, amendment, or violated any of the complex restriic- such campaigns, compromise; in the voting booth, it is tions in the Amendment pay his or her The Amendment interferes with ju- an up-or-down proposition. The measr own legal defense costs, is harsh and dicial independence and fairness by ure presented is exactly as the propo- counterproductive. Even those who providing for recall of judges for any nent wrote it. And, under Amendment are found not to have violated the reason, or for no reason at all. Since re- 12, once voters approve something, Amendment will be obliged to pa;y calls are "issue" elections (according the governing body's ability to amend their own defense costs. This aspect of to the Secretary of State), the opportu- it or refer to voters proposed amend- the Amendment is an ill-conceived in- nity for powerful, wealthy interests to ments is dramatically circumscribed. dulgence by its contribute unlimited amounts of money Amendment 12's elimination of any proponents to judicial (and other) recall campaigns meaningful petition signature verifica that evidences ~~~LoT is assured by Amendment 12. tion, the Amendment's preservation of their contempt special interests' abiliry to dump unlim- for public ser- _ League concerns ited amounts of money into ballot is- vants; unfortu- o= o- ° The initiative and referendum proc- sue campaigns, ana the opportunity to nately it will ess is an important "safery valve" to as- use paid pedtion circulators, means simply discour- o- o_ sure citizens' opportuniry, in extraordr that special interests will have a power- age citizens - nary circumstances, to enact ful new opportunity to secure enact from engaging - o~ o= legislation or review actions of their ment of ineasures far too extreme to in such serv- a= elected representatives. Amendment survive the legislative process. Money ice. o - 12, however, goes and catchy slogans will displace delib- too far. By eliminat eration and compromise as ing all practical the essentials for lawmaking - means for detecting in Colorado. ~ - ~ -os ~ Q- ~~i, °a' _ 13~ ir- o~ _ ?a- o~ o=- os o= o-- o= o= oa o = ow \ CiRr - -o= o=- ~ Summary of Amendment 12 provisions The following is a summary of the constitution and statutes would be State to take donations only from various provisions contained in subject to elections held in Novem "human beings." "Human beings" Amendment 12, entitled "Election Re- ber of odd-numbered years, in addi- makin,g cash gifts to such commit form Amendment " tion to the scheduled general eleo- tees may claim a state income tax tion in November of everrnumbered credit for the lesser of a specified dol- E1. ][aiterpretataon and enforceanent Years• lar amount or the amount of the total O According to subsection (1), annual eash gifts to all such commit the "required" applica C. g,imits on tees. The credit may not cacYy for- tion of Amendment 12 electeci offi- ward to subsequent tax years nor ex "shall reasonably T h i s d ef i n i ti o n w i I i de l ay cials' compen- ceed income tax liabUity. 'Ilie credit strengthencitizen con public votes and suspend sation "shall be listed on aIl future state in- trol of government the p In a sec come tax returns and adjust yearly most. All provisions are community action tionentitled for inflation or more." self-executing and sever- on issues by eliminating -paygaises,^ able and supersede con- all local government theAmendment E. g,imuts on candidates9 abil'aQ.y flicting state constitu- special elections on dates providesinpart to accept "donation§" from speci•. tional, state statutory, that [c]omgen- fled iaidividuals or groups charter, or other state other than those specified sation changed +The Amendment provides that or local provisions." in TABOR. after 1994 may "district candidates or elected offr O The Amendment exceed its 1988 cials or their campaign committees permits enforcement level only by dis- shall not accept any donation with a suits to be filed by individuals, trict voter approval, or by inflation, retail value over $50 per calendar classes, or districts, "within three as defined in Article X, Section 20 year per donor from any utility with years of an event." Successful plain- [the TABOR Amendment], after rates or service regulated by that di& tiffs (generally, private individuals) 1994. Compensation first set, or trict, from any group receiving over may recover costs and reasonable at voter approved, from 1989 to 1994 5% of its annual gross receipts from torneys fees, but defendants (gener- shall use that level and year as a that district, or from a business ally government, that is, taxpayers) base. A governing body shall use its group, corporation, employee group, may not unless the suit is ruled frivo- combined compensation." union, political action committee lous. 4 The Amendment also provides other than a political party, or paid that any tax-exempt compensation lobhyist who is not a relative." B. I.imits on election dates not required by federal law (includ- +"Donation" is defined in Amend- 4"Ballot issue" is defined in the ing health, dental, and life insurance, ment 12 as "cash or cash equiva Amendment as "AR1I' pending state travel and living expense reimburse- lents, loans, or substitute purchases, or local referred measure or non-re- ments, and mileage reimburse- but not contributions in kind or serv call petition as soon as a ballot title is ments) for elected officials shall end ices." The Amendment does not de- initially set; and on ANI' SLTB,IEC.°Il' with their current term unless "fu- fine "cash equivalents," "substitute OR gUgp~~ ~~~OEVER ture voter approval" for such compen- purchases," "contributions in kind," for purposes of this section and Artr sation is obtained. or "services." Note that "donation" is cle X, Section 20:' (Emphasis as set O"Compensation" is defined not defined to encompass only contrr- forth in the Amendment 12 text.) broadly to include "the district cost butions or gifts incident to an eleo- Read in conjunction with Section 20 in salary, payroll, fringe benefits and tion or re-election campa.ign. (3) (a) of the TABOR Amendment, travel accounts, and any cash pay- the effect of this definidon will be to de- ments and reimbursements to an F. Penalty for organizadons of lay public votes and suspend commu- elected official." public entities or employees that nity acdon on a wide variety of land provide information concerning, use, public safety, and other issues by D. gncome tax credit for "dona- or participate in campaigns with eliminating all local government spe- tions" by 66human beingsl9 to cer- sespect to, ballot issues cial elections on dates other than tain political commit#ees 0 The Amendment provides that those specified in TABOR Cotr 4 Under 12, "new" campaign com- neither the state nor any local gov- versely, all amendments to the state mitxees may pledge to the Secretary of ernment shall "belong or donate, di- ~ ~ • Summary of 12, continued ?"Ihe Amendmentfurtherpro- authorities" and a11 "other activities" vides that "chrect or indirect repay- of the foregoing (what other activi- rectly or indirectly, to any organiza ment or legal aid with district funds is ties" means or might encompass in tion of districts or district employees also a violation."'Ihis prohibition of us this context is not at all clear). that hereafter uses its name, or its ing public funds is apparently not lim- ?"District matter" is not defined paid employee time, material, mail, ited to those alleged to have vvilliully in Amendment 12. As a result, the ing or other resources with a retail violated the limitations described in Amendment's provision that the in- value over $50 per calendar year, to Sections E, F, itiative and referendum support or oppose, or to create or dis- and G above; "Petition powers" al'e p°wer will apply to "dis- tribute material discussing, a ballot any legal aid trict matters" could create issue." An "organization of districts" (including, of extended to "al I district ambiguity and uncertainty could include entities such as the course, a pub- matters." "DiSt1'iCt as to whether the initiative I.eague. Since "ballot issue" is de- liclyfunded de- matter" is not defi ned. p°wer w71 continue to ex fined as including any measure once fense) in cotr tend only to "legislative" the ballot title is set, this limitation nection with matters (as is presendy may apply quite early in the ballot is- any alleged violation of the Amend- the case) or will be broadened to en- sue process. ment is stated as a separate violation compass any district matter, includ- of the Amendment Note that no provr ing administrative or personnel mat G. Suppression of public offi- sion is made forpermitxing legal aid to ters, for example. [See CMI, Staff cials' and employees' discussion, those alleged to have violated the Attorney David Broadwell's analysis analysis, or other activity with Amendment who are subsequently of this issue in the "Court Briefs" col- respect to ballot issues found to have not done so. umn, page 32.1 i The Amendment provides that ?'Ihe Amendment provides that no elected official or district em- the penalties described above are Pyohibition on voter information in ployee may use district paid em- "mandatory and not suspendable" ballot titles and ballot summaries and ployee time or materials with a retail and that "[o]beying a supervisor or concerning fucal impact value of more than $50 per calendar elected official is no defense, nor is ;Amendment 12 would limit bal- year to "create or distribute material ignorance" of the requirements of Iot titIes to 75 words. Presenfly, no discussing a ballot issue, except for the Amendment. such limit exists; instead, titles must election or judicial processes or no- fairly and accurately describe the ele- tices, for public meeting facility I. Provisions relating to petition ments of the proposed ballot issue. costs, or for legal duties other than procedures, including recall Present law requires the Title Board ballot issue analysis." Under present Over half of Amendment 12 is for statewide ballot issues to prepare, law, governments are permitted to taken up with a variety of proposed for the convenience of voters, a provide their voters with factual sum- changes to initiative, refere ndum, and "clear, concise summary" of the pro- maries of matters on the ballot, to- recall procedures. This portion of the posed law or constitutional amend- gether with arguments for and Amendment contains some of the ment and include in the summary an against such ballot issues. most dramatic changes proposed, irr estimate of the state and local fiscal ? No elected official shall vote for cluding the following provisions. impact of the proposed measure. a resolution or statement "referring Amendment 12 would prohibit the Tr direcdy or indirectly" to a ballot is- Expanded use of initiative, yeferen- tle Board from providing voters with sue. This practice is currently ex dum, and yecall powers these summaries and estimates of fis pressly authorized by state statute. ;"petition powers" are extended cal impact. to "all districts as to district matters." H. Penalties; limitation on pub- "Petition" is defined as including in- Tazpayer funding of private petitioners licly funded defense of alleged itiative, referendum, and recall. This + Governments (that is, taxpay- violators provision would thus extend the in- ers) are required, "at their own ex + Each "willful violator" of the itiative and referendum power pense," to print and deliver initiative limitations described in Sections E, (presently possessed only by state petitions to anyone who asks. Tax- F, and G above shall be liable for and municipal voters) to school dis payers must provide petitions with "$5,000 each to the district and to the trict, county, and special district vot signature lines to accom.modate at opposing campaign committees as a ers. These powers are further ex least twice the minimum number of group, and jointly and severally li- tended tb a huge array of other signatures required to secure a place able to both for the retail value of dis- entities, since "districf' is defined as on the ballot in the jurisdiction. Cur- trict costs, savings by use of district including, in addition to the state and rently, petition advocates pay their resources, and illegal donations." any local government, "enterprises, own printing expenses. No limitation J is provided concerning the number number ceiling applicable to munici- tional provisions and statutes do not of petitions that someor?e can oblige pal initiatives and referenda, which bar mulliple recall clec(ions during a taxpayers to print or requiring that under the Colorado Constitution term of office and permit reimbursc- the person requesting the petitions may presently not exceed 109a of all ment of municipal officials' eleclion be a resident of the jurisdiction to municipal registered electors for the exgenses if they are not recalled and which the petitions pertain. Addition referendum nor 1596 of all municipal if reimbursement is provided for b;y ally, the Amendment requires that registered electors for the initiative. local ordinance. • "[Pletitioners or their agents shall be This would result in a very low actual +'Ihe Amendment provides that: charged no fee or bond for any proc- signature requirement in many Colo- "[j]ustices and judges may be re- ess, requirement, or document related rado municipalities. For example, in called, which would bar any future ju- to their petition; nor for district docu- the 97 municipalities with a popula- dicial position." No limitation is pro- ments or data, to be provided within tion of 500 and under, eight or fewer vided concenung the grounds on two district business days of a written signatures would be required; in the which a judge's recall could be based; request, that may help restore any itr 47 municipalities with a population of thus, judges could be recalled for any validated entry or petition." between 1,500 and 5,000, 80 or fewer signatures would be required. To CaICUIafe Petition signatuye requirements 4 As to recall of local or state offr Amendmeng 12 0 Petition s'ignature requirements cers, this signature requirement con- are set at "596 of the number of dis stitutes a dramatic change. The cur- ~'g"~t~~~ ~'~9~°~'~~~~~~ trict votes for all candidates for the rent signature requirement for such Amendment 12 provides that sig- Secretary of State in the last election officers' recall is a number equal to natures equal to 5% of those voting for that office, except local recall sig- 25% of the number of votes cast in for Secretary of State in the last eleo- natures shall not exceed 8% in a rep- the Preceding election for all candi- tion are sufficient to call an initiative resented area."'Ihis is not a change dates for the office which the incum- or referendum election in a munici- in the signature re uirement for bent sought to be recalled occupies. P~iry or other local government. Un- q fortunately, Secretary of State voting state initiative and referendum peti- d Petitions or signature entries data is generally not available for tions. However, it is a substantial re- may be found invalid by election offr units of local government which are duction in the permitted signature cers only if "invalid on their face." smaller than coun6es. However, local 'Ihus, election officer re- governments can estimate the num- view of signatures ber of signatures by following this . ~ow Amendmen$ 12 affect§ against a registered process: pnp$satpve gp nature p~e~pgg~ep~ep~tg voter list or other infor- ~ ~ Step 1: Take the 1990 census mation is apparently pro- # of Signatures ~bited. Districts and prr Population of the municipaiity or 1990 ~Jnder other local governtnent vate protesters to Step 2: Multiply it (Step 1) by Municipality Pop. Current Am. 12 signatures must itemize 58.396 to obtain the estimated number Silver Plume 134 6 2 and file trieir protests to of local registered voters (or utilize Morrison 465 13 7 specific signatures within the number of local registered voters Saguache 584 21 9 ten days of petition filing if available) (58.3% represents the per- ]Parachute 658 25 11 and have the "burdens of centage of the 1990 state census Avon* 1,798 69 29 production and proof be- Population which was regisCered to 12ocky Ford 4,162 134 67 yond a reasonable vote in 1990). `1Vindsor 5,062 149 82 doubt" A person signing Step 3: Multiply the estimated ~righton 14,203 427 229 number of registered voters (Step 2) ~ a verified or notarized pe- by 55.3% (55.39G represents the per- Gr. .Yunction 29,034 1,000 468 tition is presumed to be a centage of the 1990 statewide regis- AuroraTM 222,103 5,758 3,580 registered elector whose tered voters who voted for Secretary Colo. Springs* 281,140 9,626 4,532 signature is valid until of State in 1990). 1Vote: Municipali6es marked ° arehome rulemunicipalities; disproven. Step 4: Multiply it (Step 3) by 5% to obtain the estimated number of si~,~- currentrequirementsaresetbythemunicipality'shomerule Reeallofjudges, and charter, as adopted by local voters. All others are statutory othey o natures requlred to force a local inlt~- municipalities; cunent statutory requirement is at least 5% ~'icials tive or referendum election under of the number of registered voters. Current numbers were 4 No elected official Apendment 12. supplied by municipal clerks. ne estimate of the number of ShdU UIIdet'g0 IriOI'e tI1Sri signatures required under Amendment 12 is based on 1990 average Olle 1"eCaI eleCtlOri pel' CML has calculated this data for statewide voter registration and voter turnout for Secretary of State. 'Mese numbers are subject to chan ge and no eampaign all municipali6es. It is available by w;d, each eiecdon. reimbursement is permit caIling CMI:S Olf1CC, ted. Present constitu- P. Summary of 12, continued hereafter be amended, superseded, or repealed by elected officials. reason, or no reason at all. F.xistung ?Me Amendment provides constitutional provisions already re- that "measures or parts of ineas- quire periodic elections on retention ures" that have been rejected by of judges and permit discipline or re- voters may be fully or partially re- moval of judges for, among other adopted only with voter approval. things, intemperance, willful miscori- This could require expensive eleo- duct, or failure to perform duties. tions to approve modified solutions to problems where voters had pre- Mandated delays and limitation on viously rejected a slighfly different emergency enactments solution. ? ? Only six district measures adopted in any calendar year may take effect immediately as "emergen- cies:" All other measures (except ap- propriations for district "support and maintenance") are subject to the re- quirement that "[s]tate measures open to referendum petition take effect no sooner than 91 days after that general assembly session finally adjourns, and such local measures no sooner than 91 days after final publication:" Present law provides that most non-emergency municipal measures take effect 30 days after publication. Calcification of petition laws and measuyes adopted or rejeeted at an eleetion ? Changes in state petition laws or regulations adopted after 1988 without voter approval are repealed. This broad provision would repeal amendments to the initiative and referendum statutes made primarily in 1989 and 1993. For example, present statutes that pro- hibit a person from knowingly signing more than one municipal pee- tition for the same issue, signing a false name to a municipal petition, or knowingly signing a municipal petition when one is not a registered voter of the municipality would be overturned. ? Any change to state or local initia- tive, referendum, or recall laws or regulations would require voter aIr proval, unless adopted as a non-emer- gency measure within 90 days after the election approving Amendment 12. ? 'Ilze Amendment provides that "[u]nless allowed therein, past or fu- ture voter-approved petitions shall not d Amendmeng 12's Requarements ffor II.ocaIl Governiment lWtiateee§ ~nd Referenda Comnarison of Current and Amendment 12 15 percent for initiatives, (the specific Signature Reguirements requirements are set forth in the home rule charter approved by local voters.) Amendment Amendment 12 mandates state and local 12's lower signature requirements, coupled government initiative and referendum elections with Amendment 12's repeal of vanous whenever signatures equal to 5 percent of those safeguards which now invalidate non-resident voting for Secretary of State in the last election and other unqualified signatures, allow a much are secureti. lfiis change radically reduces the smaller number of individuals to suspend local number of signatures PfqU1Pfd for local government action or force a local election. government initiative and referendum elections. Currently, at least 5 percent of the registered Secretary of State voting returns on which electors (as opposed to 5 percent of those Amendment 12 depends are generally not voting for Secretary of State) are required for available for units of government which are an inidadee or referendum election in statutory smaller than counties. However, the data municipalities. In home rule municipalities below provides estimated signature signatures by up to 10 garcent of the registered requirements for papuladon groups and voters can be required for referenda and up to selected municipalities. Initiadve and Referendum Signature lteauirements Under Amendment 12 by Po,pulation Categorv * Number of 1Vlunicipalides Estimate of Number RRunicipal Population in Group of Signatures Required* less than 500 97 8 or fewer 500 to 1,500 76 24 or fewer 1,500 to 5,000 47 80 or fewer 5,000 to 15,000 27 242 or fewer 15,000 and over 20 242 to 7,538 in Denver ~ Populadon groups based on CML computation of estimated signatures required under Amendment 12, based on 1990 census population, registered voters (58.3 % of state populadon in 1990), statevuide voter eurnout for Secretary of State in 1990 (55.3 and 5% of turnout for Secretary of State. (over) Initiative Signature Reauirements in Selecterl Municipalities - Current and Under Amendment 12 Y Under Municipali 1990 Population Current Amendment 12 Silver Plume * 134 6 2 Momson * 465 13 7 Sa uache * 584 21 9 Parachute * 658 25 11 Avon 1,798 69 29 Roc Ford * 4,162 134 67 Windsor * 5,062 149 82 Brighton * 14,203 427 229 Grand Junction 29,034 1,000 468 Aurora 222,103 5,758 3,580 Colorado Springs 2819140 9,626 4,532 * Statutory Murucip ity cunent statutory requirement is at east o o e num er o registered voters. Home Rule Municipality cunent requirement is per the municipality's home rule charter, as adopted by local voters. Information obtained from municipal clerk. The esdmated signatures required under Amendment 12 are based on 1990 average statewide voter registration and voter turnout and are subject to change with each elecdon. Other Comparisons of Current and Amendment Also, Amendtnent 12 applies the initiative and 12 Reauirements referendum to all district "matters," a term not defined in the Amendment. In contrasg, court Amendment 12 contains numerous changes in cases construing the current right of initiative the petition verification process which make it and referendum limit elections to "legislative immeasurably more difficult for election issues." If courts construe "matters" in officers or private parties to challenge invalid Amendment 12 broadly, virtually every signatures. For example, time periods for governmental action,, including administrative review are shortened, requirements for petidon matters such as routine permit decisions, signers to provide their addresses are deleted, contract approvals and personnel decisions, election officers may not check registradon could be subject to initiadve and referendum records to ensure that petition signers are elections: registered residents of the community, and opponents must prove beyond a reasonable Finally, Amendment 12 suspends almost all doubt the invalidity of any signatures. locally passed matters for ninety days after enactment to give circulators time to circulate In addition to the reduced signature referendum petitions. In contrast, municipal , requirements, Amendment 12 extends the time periods are normally 30 days under initiative and referendum to all governmental current law and enactments can be made units (currently the initiative and referendum effective earlier for emergencies. apply only to the state and municipal ' governments). Thus, school districts, counties, special districts and local enterprises would be covered. Prepared by CMd. September 20, 1994 Sample Resolution Prepared by CNIL, September 19, 1994. CITY (TOWN) OF RESOI,ZJTION DECLAItING CITY COUNCII, (BOA1tD OF TRUSTEES) OPPOSIT'ION T'Co AMEADliEN'T 12, WiICFi WIL.I. APPEAR ON THE RTOVENIBER 8, 1994 CJE1VEItAI., EI.ECTIORT BAI,LO'T. WHEREAS, Amendment 12 would open the initiatide, referendum and recall petitior.i pracess to widespread fraud by making signature validation on such petitions virtually unevorkabie; and . WiEItEAS, taxpayers vvould be forced to pay for printing of petitions and prodision olf other services to private petitioners; and W"HEREAS, by removing critical doter identification and anti-fraud requirements, Yhus permitting non-residents to sign petitions, Amendment 12 would impair local voters control oiF their initiatide, referendum and recall processes; and WHEREAS, Amendment 12 contains numerous provisions designed to prevent voter;, from receiving any objective information concerning a ballot issue or its fiscal impact from their 1QCal governments; and WHEItEAS, Amendment 12 will divert millions of tax dollars away from public purpose;; and into the pockets of ballot issue promoters and galitical candidates via a campaigri contributors tax credit scheme; and W'-IEItEAS, Amendment 12 could gotendally open every governmental action, including bid awards, Fersonnel matters and germit decisions to getition, expensive delays and endles;, elections; and VHEItEAS, Amendment 12 would be a dream come true for community crackpots., malcontents and fringe groups, because it radically reduces the number of signatures requireci to force publicly financed initiative, referendum and recall elections; and V1EIEREAS, Amendment 12 is so ambiguous and badly written that Yhousand of taxpayer dollars in attomey fees and court time will bc required to determine what it actually means; and VvMEItEAS, Amendment 12's reduced signature and anti-fraud requirements, combineci with mandated delays of effective dates would provide apotent tool to small goliticat cliques that want to frustraee or delay public projects; and WHEREAS, Amendment 12 deals with a multitude of issues which conceal various provisions from public understanding and scrudny. NOW, THEREFORE, BE IT RFSOLVED by the City Council (Board of Trustees) of the City (Town) of , Colorado that: SECTION 1. Amendment 12 is hereby opposed because it would be severely detrimental , to the City (Town) and its citizens. SECTION 2. Citizens are encouraged to become fully informed about all of the details of the Amendment and its effects on them, their community and their state before vodng on November 8. SECTION 3. The citizens of City (Town) aze encouraged to vote "NO" on Amendment 12. INT1tODUCED, READ AND ADOPTED by the City Council (Board of Trustees) this day of , 1994. ATTFST: ~ Refer~~dum A easu re proposes.that i rt itiatives address n m re than one sub1'e he Colorado Municipal League has taken a gosition of M support for Amendment A, an . amendment that would impase a"snr OIN w su gle subjecY' requirement on at least 'A-n ~1eIIdr.tieIIt to ~ statewide initiatives and referenda th~~stitution of the state o~~d ~ of the Coloracio' reqwr~ 5urnmaPy refereany Coe~~Proposec~ by initia,tive or g 'Ihis proposed Amendment to the ed to a si~e sUbje(ct. Colorado Constitution was referred to the Nov. 8,1994, ballot by the Gen- eral Assembly in its 1993 session. ment of incongruous subjects in the application of The Amendment would require that same measure, especially the prac Amendment A at the local level no measure proposed by petition con- tice of puffing together in one meag arises, the CML Executive Ba3rd tain more than one subject, which ure subjects having no necessary or wM decide what the League's uosi- subject shall be clearly expressed in Proper connecdon, in order to se- tion on this issue will be. u the measure's title. 'Me Amendment cure the widest possible support for provides that any aspect of the meas- the measure (logrolling); and to pre- ure that is not expressed in its title vent surreptitious measures and to ap. shall be void. Any proposed measure Prise the voters of the subject of each that contains multiple subjects, so measure in the title--that is, to pre- . that a"single subjecY' title may not vent surprise and fraud from beirxg be set, shall not be submitted to. the Practiced upon voters. It is unclear voters. The Amendment sets forth whether Amendment A would apply to procedures for revising and resutr municipal or other local government mitting measures for which a title is voter initiated or referred measures. not initially set due to multiple sub- jects. Amendment A would also League 6n4eresfs place similar "single subject" restric A single-subject Amendment would tions on matters referred to the vot Prevent the combination of unrelated ers by the General Assembly. issues for the purpose of securing paa ' sage of elements of a progosal that Ana lysc§ would be unable to secure voter a}} HB 941080, which implements Proval as "stand-alone" propositions. Amendment A(should it be adopted The single-subject and titling require- in November), explains that Amend- ments of Amendment A will help to asr ment A wording was drawn from the sure that voters do not inadvertently section of the state Constitution that aPProve complex multifaceted propos- imposes a"single subjecY' require- alS containing subjects of which they ment on bills considered by the Gen- are unaware at the time of voting. Be- eral Assembly.'I1ie General Assem- cause these charxges would stop recur- bly declared that its intention in ring Problems in the state initiative Amendment A was to prevent the Process, the League supgorts Amend- same sort of practices in initiatives ment A'Me League does not assume and referenda that the single subject that F,mendment A w71 apply to local restriction on bills was intended to inihatives and referenda. If and when reach-that is, to forbid the treat an actual controversy concernuig the tteferendum B ~ State proposes to supply Blue Book, to citizens for ballot analysis T he Colorado Municipal I.eague separate maling need be made pursu- pend upon which measure received the . has taken a position of support ant to TABOR Amendment B amends greater number of votes. for Amendment B, an amend- TABOR to provide that summaries of The Amendment consolidates the ment directing the General Assembly writ.ten public comments (which must General AssembVs practice of preparing to provide important information to vot otherwise be included in TABOR voter an information booklet (the "Blue ers concerning proposed ballot issues. information notices) need not be distnb- Book") concerning pending ballot issues uted for TABOR issues descnbed in and the TABOR AmendmenYs require- S u ry the ballot information booklet ment for direct ma7 distn'bution of infor- This measure would amend the Colo- Finally, the Amendment repeals a mation concernuig TABOR issues, by re- rado Constitution to require that, prior to provision in Article XXIII of the Consti- quiruig a baIlot inforniation booklet to be an election, the General Assembly would tution that requires publication of the distnbuted to active regis-tered electors have the text and title of aIl statewide bal- text of initiated and referred measures statewide. Amendment B wM assure that lot measures published in a newspager of fwice prior to an election. registered electors receive information general circulation in each county of the from the state concernuxg all state ballot state and would prepare and distribute to Analysis issues, not just TABOR required informa- all registered electors a"ballot informa- Amendment B would shift the re- tion concerning fiscal issues on the state tion booklet"'Ihe publication would oc sponsibility for pubfication of initiated ballot. (Although TABOR notices must cur by at least 15 days prior to the final or referred measures from the Secre- be mailed to all registered voters, no sys date for voter registration for the eleo- tary of State to the research staff of the tematic distdbution of the General Asr tion. The ballot information booklet General Assembly. The requirement sembYs information booklet to all regis would contain the text and title of each for preparation and distribution of a bal, tered voters is presently required) ballot measure, together with a"fair and lot information booklet may conflict The implementing legislation for impartial.analysis," including a summary with a restriction on use of public funds Amendment B provides for a public of the measure and major arguments for "to create or distn`bute material discuss- hearnig process at which interested and against it ing a ballot issue" in Amendment 12, persons would have the opportunity to 'Ihe Amendment requires that the which will also appear on the Novem- comment on the "accuracy or fairness" voter information booklet be dish-ibuted ber 1994 ballot Should Amendment 12 of the ballot issue analysis proposed to to active registered voters statewide at and Amendment B both be approved be included in the information booklet. least 30 days before the election. If the by voters and the provisions are found ballot information booklet contains the to conflict, the deternunation of which League interests voter inforrnation required to be distnlb- conflicting provision will be given effect 'Ilie use of paid petition circulators uted by the TABOR Amendment, no will de- and the potential adoption of Amend- ment 12 mean that an increasing number V.ef~duM 8 of issues will appear on the ballot.'Ihe ballot information booklet that voters ~OP~SE would receive pursuant to Amendment B ~ m~ VSUPPORT would provide a fair and balanced single ~X, ~d ~ of the o f i f o rn i a t i o n c o n c e rn i n g a ll b a~ p,n a,xmendment to artlc les , concerning lot issues.'Ihis booklet would be a real Constitution o f t h e state of Coloodossue s, ~ d, ~ ~ voters and would greatly assist ~orma.tion about staterov~de he nonpa~isan connection therewith, re4~'~ to Pre- them in their responsbility to become nr research staff of the general assemb]y formed about ballot issues prior to vot ~,e ~d distribute to the public at no charge a ing. The Amendment assures that this ballot information booklet th~~ lud~the text, ~d ~P ~ sls of distribution of information will be done e~ the title, as~d a fai~' ~cluding the maJor ficiently, by its elimination of a requir~ ~h Sta,tewide m~~'e~ ~~t the measure, a~d ment for a sepatate distribu6on of TA argtvaaents both for and a~ the non- statewide Publica'tion by BOR notices for issues discussed in the providtng for enera1 assemb]y ballot information booklet'Ihe I"'e pa,rtisan resea~'ch staff of the g ot ySSUes. of the text and title of state~de baU supports Amendment B. 0 Amendment I Tobacco taxincrease could raise add't~onal rnunicipal revenues A mendment 1 increases to local voter approval, the sale, use, cal cigarette taxes. Effective July 1, state cigarette and other to- or consumption of cigaretbes and 1973,.a statecoIlected, locally shared bacco products taxes in or- other tobacco products. Also speci- cigarette tax of 10 cents per pac:k der to reduce the use of tobacco fies that no law shalt require, as a was imposed, with municipalities products in Colorado and to discour- condition of the distn`bution or re- and counties refraining from levying age young people from smoking. ceipt of any statewide tax revenues local taxes in return for receivuig a The Amendment has been initiated or otherwise, that municipalities or share of the 10-cent state tax (46 per- as a constitutional amendment by counties refrain from adopting any of cent of the state tax was set aside for the Fair Share for Health Commit the local laws authorized by the local governments).'Ihe state ciga- tee, a coalition of groups and indi- measure. rette tax was subsequently increased viduals concerned with the adverse 4 I'rovides that the new and exist to 20 cents per pack with the state re- impacts of smoking on individuals ing state taxes on cigarettes and serving the vast majority of the in- and society. tobacco products, as well as the for- crease for state purposes.Ms re- mula for distribution to municipali- sulted in the current formula in § u~~ary ties and counties of revenues attnbut which local governments receive 27 'Ihe measure: able to the statewide cigarette tax percent of the 20-cent tax. To qualify 9 Increases state tobacco taxes existing as of Jan.1,1993, may not for these monies, local govemnnents by 2.5 cents per cigarette (50 cents be repealed or reduced by the Gen- are prohibited from taxing cigarettes. per standard pack of 20 cigarettes) eral Assembly. The local government share is dis- and 50 gercent of the manufacturer's tn'buted to cities, towns, and coun- list nce of other tobacco roducts. Back roa~o~d and PP g ties in proportion to the amouht of ('I'he current state cigarette tax financial effeCts state sales tax collected in the lDcal equals 20 cents per pack) Prior to 1973, the state imposed a jurisdiction relative to all state sales 4 Requires state government to 5-cent per pack state cigarette tax taxes collected. In fiscal year 1993 appropriate the increased revenues and many municipalities imposed lo- state distn'butions to local govern- as follows: 50 gercent for health care ments totaled $16,177,863.'Ilie total for people who cannot pay for care, local government distribution lnas 30 gercent for school and commu- nity educational programs to reduce tftdziazl t~ tobacco use,10 percent for research Tob~;~ TaXes on tobacco-related illnesses and the moN LX prevention of tobacco use, 5 percent S~? for economic development including ~ State ta,xes be • ~o E healt~related business activities, 4 ~lY b9 a.t~ ~ore~ed 1 percent for municipalities and coun- CO~titutio$ to '~en°tneTlg to $~32' ~.1]~oII ties, and 1 percent for administration. per Clga'I'~te ~d ~e~e toba,ccohe COlorado 4 Establishes a citizens' commi~ p~Ce °f °ther tob 50% °f the zq e'~ Z•5 Cents state sa.les ~co products uf'acturer's if,st sion to administer the uses of the ~ eff~tive d use ~ '~d to rep revenue. of the `J~ 12 1995• e~e~ptlon for cl ~ the A Repeals state laws that exempt tiona,l ~'enues p ' tO require a g~''ettes, cigarettes from state sales and use rese~ h°~ ~~o r for $~th p~e lation la.ted • ucerni.~ tob , edu educe taxes and provides that municipali- re jll nesses• gtOb~co ttse ~~e~ ~d ca ties and counties receive 27 percent atid countfes to '~d to autho ~d tobacco-- of the revenues generated by such ~es, 8ubject ~~pO$e cig~ett~e ~~icip~ties repeal. Authorizes municipalities colorado co~titut~n~ V~ sectio ~p p~ theo and counties (as to unincorporated I areas) to regulate and to tax, subject not fluctuated much for years. Partly because of the penalty which a municr 1'obacco Tax Facts pality would incur by losing its share ? Colorado's.present cigarette tax of the state-collected, locally shared is 20G/pack. The proposed increase of tax, no municipality has apparenfly 500/pack would bring Colorado's tax adopted a local cigarette excise tax or to 700/pack. applied its sales tax to cigmttes since ?All states impose a tobacco tax. 1973. Since the 1980s, the state has 'Me average state cigaretie tax is pres- also levied a state excise tax on to- ent]y about 320{pack. ? Zhe present trend is to increase bacco products (excluding cigarettes) cigarette taxes. For example, Michi- and continued to apply its sales tax to gan's tax is 75C; Washington state iIIr - tobacco products. poses a 740 tax; Hawau's tax is 65C. According to the analysis publish- Combined state/city cigarette taxes in ed by the state Ballot Title Setting Chicago are 70C, and in Washington Board, the fiscal impact of this meas- D.C., the cigarette tax is 650. ure is variable depending on the elas ?qle present federal tobacco tax ticity of sales of cigarettes and to- is 24C/pack. bacco products. 'Ihe Board indicated ?'Ihe United States has the lowest that the measure is estimated to in average cigarette tax of any developed nation in the world. crease State cigarette and tobacco ?'The average combined state/fed- tax revenues and state sales and use eral taac as a share of the price of a tax revenues by $132.1 million annu- pack of cigarette is half what it was 30 alty. A portion of these increases years ago when the surgeon general could be offset by reductions in sales first warned of the health hazards of of cigarettes, other tobacco products, smoking, and associated items. According to Source: Fair Shaze for Health Committee. the Board, the net effect of these changes on state or local govern- ment revenues is not known. ment distribution by up to an addi- Both proponents and opponents tional $8 million annually, depending agree that the substantial increase in on consumption levels. the price of cigarettes and tobacco products will reduce taxable con- Reasons for local support sumption, but the amount of the re- The Colorado Municipal League duction is subject to dispute. (Ecperi- supports Amendment 1 because: ences from other states where voters ?The sizable increases in state have substantially increased these taxes will reduce cigarette and other • taxes indicate that tax h~7ces have the tobacco products use in Colorado es- desired effect of substantially reduo- pecially by teenagers.'Ihis will re- - ing tobacco sales) A reduction in tax sult in reduced medical ailments able cigarette sales caused by the caused by smoking and thereby re- Amendment will reduce local reve- duce taxpayer-paid medical costs. nues derived from the 27 percent lo- ? Citizens of municipalities will cal government share of the current be empowered to impose local taxes 20 cent per pack tax. To offset this on cigarette and other tobacco prod- loss, the Amendment allocates to lo- ucts, a power effectively removed by cal governments 4 percent of the the 1973 legislation. new excise taxes and 27 percent of ? gy receiving a specified portion the tax revenue generated from re- of the new state tax revenues, mu- peal of the state sales tax exemption ~cipalities and counties are ex on cigarettes. pected to be spared from a revenue CML estimates that the Amend loss attributed to reduced consump- ment will at least hold local govern- tion of tobacco products and may re- ments harmless at the $16 million an- alize additional revenues to fund lo- nual distribution level and could cal services. ? possibly increase the local goverrr ~ Q , Amendment I I League oppoSeS coStl y workers' cornpensation rneasure A mendment 11 amends the AnumdUMMt ~ y Colorado Constitution to specify that workers' compen- ~OI'~@Y'~9 ~O1C8 Of sation benefits include all reasonable ~ A~S~ Sfl~P and necessary treatment, to allow in- jured workers to choose health care re be an a~onendm`ent to the Color e°~a- providers, and to subject provider fees tlia,t work . tion to specify to state regulation ers' comp efits include all reaseab~o~ers to S ~analyso~ atment, to allow in4j This vider tln a to sbject measure would transfer the ealth care pro nation of physicians treating r fees to state regu~ ~ desig F work-related injuries from the em- law establishes ployer to the employee.'Ihe measure ing for state regulation of inedical standards on who is authorized to goes one step further in that it allows treat and rate work related injuries in an employee to choose any health care pr°vider fees. an attempt to prevent unproven medi- provider to provide all reasonable and League concerns cal care and fraud.'Ihis measure necessary medical treatment for work ptaces no restrictions on who can be a related injuries and to make determina- °~e measure sets forth that the health- care provider. Occupational in- tions on the degree of impairment in employee may choose any health- care juries often require specific kinds of permanent injury situations. In addr Provider to treat work-related injuries. treatment. If an employee chooses an tion, the employee-designated health- Health~are provider is undefined in the ~appropriate medical provider, this care provider would make determina . initiative; therefore, the door will can lead to delay in recovery, delayed be left wide open to unproven, and usu- return to work ' tions of permanent total disability. 'I~e , mcreased costs, and measure continues current law allow ally expensive, treatments. Current potential complications in the individ- _ ual's injury. ' ~0 ~ B o Under current workers' com:pen- y g posation law, the employer pays for the o Allowing an employee to choose most effective tool employers have cost of inedical care and lost wAges unlicensed health care providers will for controlling medical costs. for all work-related injuries and there- lead to unproven, expensive, and at d'rne amendment contains vague fore controls the choice of the treat- time inappropriate treahnents for in- language that will require years of ing Physician. Employers pay for jured workers. expensive litigation to sort out. these costs in two ways: either by pur- o Opening the workers' compensa o. 7'}ie amendment wi11 be a windfall chasing insurance, or by self-insuring tion system to any health care for attorneys and medical providers, and paying for the costs out of-pocket. provider will increase fraud through- adding additional costs to employers Colorado workers compensation law out the system leading to increased and cutting into injured workers' Prevents the employer from chat•ging costs to employers and employees. benefits. the employee for any portion of this o Amendment 11 would increase o Studies by the State of Colorado cost. To shift the choice of inedic;al provider to the employee while con- medical costs significantly by eras- show that the potential cost of this tinuing to require the employer t:o pay ing the ability of employers and i~ measure will be between $127 and a11 costs would abrogate one of tk~e ba surance companies to negotiate $255 million annually statewide. sic tenets of the system. rates with medical providers.. In ad- Economists have projected that this P~e vague language in the meas- dition, Amendment 11 would elimi could translate into more than ure will lead to increased fraud ir~ the nate the use of managed care in 28,000 lost jobs. workers' compensation cases, the system. Unscrupulous attorneys and health care providers will work the ~ new loopholes created by this amend- medical costs and will most certainly ment, adding significant new costs lead to increased litigation. for employers throughout the state. . A windfall will be created for attor- In addition, numerous court battles neys. Most workers' compensation will be waged attempting to define plaintiff attorneys work on a contin- the vague language of the initiative. gency basis-their fees are based on a This will put more money into the percentage of the amount of the work pockets of lawyers and mean less ers' compensation award. Under this money for injured workers. measure attorneys will have a direct in e'I1iis measure will increase work centive to send their clients to health- ers' compensation premiums due to care providers who are liberal in their higher medical costs. Current practice assessment of injuries, including is for an insurer or self-insured em- higher impairment ratings for perma- - ployer to negotiate with a physician, nent injuries, which translates direcdy physician group, clinic, etc., for re- into higher workers' compensadon ' duced rates for qualified medical care. costs. If the physician choice is shifted to the e Recent studies by the Colorado employee, this negotiating leverage Office of State Planning and Budget wfl1 be lost. In addition, employers will ing and the Colorado Division of Insur- no longer be able to utilize managed ance show that this measure could in- care, which has become one of the crease workers' compensation costs most critical tools for controlling by 15 to 30 percent, which would in- health care costs nationwide. crease costs to employers statewide by + Establishing a constitutional stand- between $128 and $255 million. This ard of "all reasonable and necessary translates into thousands of lost jobs treatment" could preempt current and and places Colorado at a significant dis- future laws passed by the legislature to advantage in competing for new jobs. control use of inedical care within the Ihis will place municipal officials in ' workers' compensation system.'Ilie the untenable position of either cuttin,g term "reasonable and necessary" is un- services or going to the voters for in- defined in the measure, and it will be left creased taxes. up to the courts to deterniine what this For these reasons the League op- means. This could lead to increased poses Amendment 11. ? Costs will increase if inedical providerselection is shifted to the employee c 50 ~ 45 , , 0 40 35 ~ 30 . 25 ~ 20 15 ~ Designator of Ndedical Provider Source: 1994 Colorado Division of Insurance Study ~ J 8. A8~endmeB1t 13 Leag'ue ppOSes bypass- of Manioto'u Springs' local option vote on gambling T he League opposes the 1Vlani- Limited-stakes gambling is cur- approved a home rule charter tou Springs and public air- rently authorized in five areas of the amendment specifically protubititig ports gambling measure. state: the Cities of Black Hawk, Cen- limited gaming activity within the tral City, and Cripple Creek, and the city. The expansion of limited gam- §ummary Indian tribal lands of the Ute Moun- ing in the manner proposed in 'Ihis initiative would amend the tain Utes and the Southern Utes. ' Amendment 13 is not consistent Colorado Constitution to give certain with the notion of local control. For governmental entities (including mu- League concerns this reason, the League opposes nicipalities) the option to place slot The measure specifically exempts Amendment 13. ~ machines in public aiiports as of gambling in IVlanitou Springs froin March 1,1995. It would legalize lim- the local option vote provisions con- ' ited gaming activity in certain areas tained in Amendment C of 1992, within the City of Manitou Springs which was supported by the League. without a local option vote (Amend- Consequently, ifAmendment 13 is . ment C of 1992) as of May 1,1995. It approved, limited gaming would be would designate a specific private en- implemented within NTanitou tity (ARPRT, LLC) to assign the dis Springs without any local vote auttt- ' tribution rights on such limited gam- orizing the activiry. In point of fact, ing devices within the City of registered electors in Manitou 1Vlanitou Springs. Springs have already . The proceeds from such activity would generally be distributed to school finance, the state general fund, various local govemments, the Li ~i~~ CAIL G t 1~ City of Manitou Springs, El Paso ~ Counry, and the Manitou Springs SqgP Chamber of Commerce. Such reve- h~ there be ~ OP~E nue would be exempt from various ~colorado amendx~ent to TABOR restrictions (Amendment 1 en~ entiti S°nstitutio~ to ~l~le XV~ th of of 1992).'Ihe measure would allow ~ public ~ e option to ~ve Cert~n the le 'slature to issue s ecial li- ~ted g ~orts w~thoug p~e slot gO°ern' Sl p ~anitou ~n9 in ce a loca,l vote• ~~htnes censes qualifying nonprofit charit~ ~ ajciza Spr~s ~ a,r~ , to le ble organizations desiring to host pe- in Manit ~.x on hehOUt a loca,l vote eteity falizze riodic charitable gaming activities in n u Spr• Proceeds of lim.it the ~ber og to 15 ~t ]icensed gaming establishments. 1da,~to ~'uted to ~t ~ 6'a,m~ fee revu sp~'s t g~ g devices or he total g Analysos gpr~,S nues fro~ ~'OO0; to alloca,te bles ~ , 'I1iis measure would expand lim- tion.s; a,nd to rro~ airpo~ g~6' i.n M~~~d ited gaming to certain areas within ~~tio.tys o feXe~pg ga,m~ot ~a~~e itou the City of Manitou Springs and al- CO~tltution ~ghe ~ 99 X' See~ °n 2O ues from the low certain local government enti- 2 °f the ~'te ties, including cities and towns, to ~eII°~ent 1s authorize slot machines in public airports. 0 Amendmerot 16 Amendment wifl ease enforcement of state and local obsceni ~ laws' ~ T he Colorado Municipal Amendment, and would apparently the root of many evils in modern so- League supports the passage prohibit the Colorado courts from ciety, including sex crimes, child of Amendment 16, an initia- continuing their more liberal treat abuse, degradation of women, and ' tive which proposes to include the f4 ment of this subject as they have in overall moral decay. The amend- lowing language in Article II, Section the past ment would allow for more rigorous 10 of the Colorado Constitudon: The amendment was also written regulation of obscenity throughout TO THE FULL ExMMI' PERMII= to ensure that all municipalities Colorado. TED BY THE FIRST AMENI} would have the same prerogative to 'Ihe amendment expressly re- MENT OF THE CONSTZTCTIZON regulate obscenity as dces the state. serves to individual municipalities OF THE UNITED STATES OF the authoriry to regulate obscenity in AMERICA,THEPROMOTION OF League interests their own communities, thus ensur- OBSCENITY MAY BE CON'rROL Critics of the proposed amend- iug that they would not necessacUy LED BY THE STATE AND ANY ment make the basic libertarian argu be at the mercy of a preemptive stat~ CITY, TOWN, CITY AND ment The Colorado Supreme Court wide standard or a recalcitrant state has laid down standards which pro- court system. COUNTY, OR COUNIY WII~IIN THE UNINCORPORATED AREA tect freedom of expression, as well For these reasons,-the League 'OF THE COUN'IY. ~ey should. First Amendment fi~e~ supports the amendmenL ? doms are worthy of the utmost pro- Analysis tection, and the concerns of obscen- ity fces are overblown. On the other 'Ihe purpose of this initiative is to hand, critics of the status quo argue allow for more rigorous regulation of ~at the pendulum has swung too far obscenity and easier prosecution of in ~e direction of "tolerance" for of- obsceniry cases in Colorado. In the fensive materials. area of obsceniry, as with other First ~ recent years a number of Colo- Amendment issues, the Colorado Su- rado municipalities have wanted to preme Court has tended to interpret ~e a more aggressive role in regu- our own state Constitution in ways lating the distnbution of obscene . which give greater protection to fre~ materials in their communities. The dom of expression than has the U.S. promotion of obscenity is seen as Supreme Court.'Ihe main concern - of obscenity foes is the follovving AVmMdM2=t 16 standard adopted by the Court in tlOn of Obsceni~tY 1989: "Material is not offensive un- R@~a' • ~oPppSE less the communiry cannot endure ~moN ~SUP~~ it." People v. Foyd, 773 P.2d 1059 Co~titution (Colo.1989).'Ihis is perceived to be to the Colora,do city a very high standard of proof for the gn amendment d~y city, town, . government, whicli makes it difficult stating t~'t the state ~ control the promotlon if not im ssible to successfully and countY or countY m~ent per~tted by the prosecute the purveyors of obscene of obscenit9 tent~o h II.S. Constitution, d from materials. first amend~ nt~ the Colora.do court thereby P t of free expression more The amendment would essentially reting the righ titution thau require the Colorado courts to allow ~te~ under the Colora.do Cons IInited States the re8lation of obsceni to the broad]9 end~ent to the ~ obscenity under the first ~~,ea of obscenit3r• same extent as the U.S. Supreme Constitution in Court allows it under the First ~ a ,~mendme~~ 17 Ter lolm'l't proposal is a solution desperately in sear h f a problem A foolish consistency is the hobgobdin oflittle minds, adored by little states- ~ey tdlk197g pOBn$S men and philosophers and divines. o.There is absolutely no demon- cal elections which tend to be "up- Emeyson strated need for term limitations in close and personal," not to ment:ion plague of hobgoblins has de- Colorado municipalities. Statistically, the technique of the recall. As a scended on Colorado. Hatched the turnover rates are already high for means of forcing local elected lead- in a Washington D.C. incuba- municipal officeholders. In many ers out of office, this amendment is tor, nurtured on healthy doses of out-of- smaller towns, the problem is finding redundant. state money, and simultaneously smug geople who are vvilling to serve, not + Colorado has a strong tradition of gled into Colorado and at least four finding a way to get rid of incumbents. local control and home rule. However, other western states, this unwelcome +The problems which might jug the term limitation amendment is yet critter is incamated as Amendment 17 tify terrn Ihiiitations at other levels of another eacample of the one-size-fits-aIl on the November ballot. Among other things, this initiated measure would im- government (e.g., congress) simply aPProach to laws which impose a unr pose a uniforni rule of tenn limitation on don't exist in municipalities. Cities and form rule on every community in the all elected municipal and other local offi- towns are not rife with "careerist politr state, in effect steamrolling whatever cials in Colorado. cians." The money, power, and influ- home rule municipalides may hawe al Apparently proponents of this idea ence which is said to corrupt other po- ready chosen to do for themselves. can defend it only on the basis of "oonsis- litical institutions and cause goliticians Sure, the amendment allows local. vot tency." Since Colorado has tenn limita- to become entrenched is not a factor ers to opt out. But why didn't the advo- tions for state and federal officers, why on most town boards and city counc7s. cates of this measure simply empimer shouldn't the same principles apply to lo- local voters to choase term limits cal government as well? ~ It is much easier for locai voters , The League urges Colorado voters- to get rid of incumbents through lo- rather than imgosing the same tule on the same voters who overwhelmingly ap- everybody? proved tenn limits for congressional and - - state offices in 1990--to think twice be- lected officials of eve ` fore e~ending the same concept to local e IY "Politiral subdi- vada, Idaho, and Colorado. Reports from govemments. vision" in the state, including home nale each of these states are consistent- municipalities. It would also include cer- while there may be some grassroots in- Su mma ry tain state officials who fell through the terest in local tenn limitations, the pri- cracks in the 1990 amendment, i.e., the mary money and influence behind each Amendment 17 would limit the num- state board of education and the C.U. of these measures seems to be coming ber of consecutive terms that may be board of regents. Frially the amendment from out of state. . served by: (1) local government would shorten the trumber of consecu- Of course, the public interest in term elected officials (maximum of iwo tive terms which can be served by U.S. ]imits in recent years is well docu- terms of office, or three terms if each representatives from six to three. mented. The U.S. Congress has been a term is two years or less), (2) certain The amendment would contain a local favorite target. Colorado is one of :15 state elected officials, and (3) U.S. rep- option provision for municipalities and states which already putports to lirnit resentatives. The amendment would al- other local governments. However, it the terms of co'essrnen and women. low voters in a particular jurisdiction would to len then, shorten, or eliminate such a vote to opt out rather than A major thrust of this Amendment is to g to opt in. In other words, any and all of the tighten the screws even more on iJ.S. limitations on terms of office. 2,000 units of local government in Colo- representatives. It is difficult to teLl These term limitations would apply to r-ado would, after the passage of the whether the applicability of the amend- terms of office commencing after Jan. 1, Amendment, have to conduct a separate ment to local govemment officials was 1994. The Amendment purports to super- election if they wished to modify or avoid also a major concern of the proponents, sede home rule muniapal charters and the applicability of the amendment to their or whether it was more of an after- therefore apply to all muniapalities and commuWty, thoughL Certauily, there is not yet any other local governments i.miformly. Apparently, this measure is part of a explanation on the record for why the nationwide tenn limitation agenda proponents believe tenn limitation,s are Analysi5 which is heing promoted by one or more warranted for local government officials Term limitations were first adopted groups based in Washington, D.C. Until in Colorado. by Colorado voters in 1990. However, now, no state in the tmion has imposed Term limits have generated and are the 1990 constitutional amendment ap- uniform term limitations on local govem- likely to continue to generate a tremen- plied only to certain state officials, U.S. ments through a blanket constitutional dous amount of litigation hecause they representatives, and U.S. senators. restriction. By some sort of remarkable implicate some fairly fimdamental legal Amendment 17 would exLend the tenn coincidence, such propositions have re- principles, namely the right of indi.vidu- limitation concept uniformly to the portedly cropped up in at least five west- als to run for office and the right of the em states in 1994: Nebraska, Utah, Ne- people to elect whomever they choose. : ~~io~ent 17 , Ironically, Amendment 17 proposes to further curtail Colorado's congressional Z'@~ delegation at preasely the same time as ~~ppOSE such restrictions have been declared urr Gy~L ~ SUPPORT constitutional in two other states, Arkarr ppg~loN sas and Washington. The U.S. Supreme ~eIIdaent to the Colorado Court has agreed to review the Arkansas ghall there be ~ number of consecutive decision, and a landmark decision on the Co~titution to limlt the a noRjudicia1 abiliry of states to limit federal officehold- te~s tha,t naa.9 be served bY SubdiVySlon of the ers will probably come in 1995. elected official of an9 P°litical d of educa.- state, a member of the state boax' overning League concerns tlo~a by an elected member, of ehea ~tion b~d of a state institution hen s~o~eII, or The text of the Amendment maintains n, that tenn limitations `broaden the oppor- ~d to a~pyJ voter a~ionOn terms of office; and tunities for public service and assure te such 1itn1 e~tive terms that that eleded officials of governments are toce the number of co~ pesentatives responsive to the citizens of those gov b~ ser,Ved by Un.ited Sta.tes Rep laun that incrumbents e joy dispropor- eec'ted from Colorado? tionate advantage in the political proo- House of Representatives, Colo- ess, inevitably become the tool of big ask any councilperson or rado's influence in that body will con- money special interests, and are subject boardmember who has sat through a tinue to wane, which may result in nega- to corniption. The only way to even the public hearing into the wee hotirs of the hve repercussions for Colorado local playing field is through term limitation. morning, only to retum home and find goverrunents. Colorado voters have already embraced phone messages from irate constituents. As applied to municipalities, Amend- these arguments, and indeed this ration- This is not the stuff that delusons of inent 17 is a classic example of a solu- ale may have some merit at levels of gov grandeur are made of. tion in search of a problem. Colorado ernment where money, power, and influ- Municipal officeholders also differ citizens should vote no on this ill-con- ence play such a significant role. from their state and federal counterparts ceived proposal. 0 However, these arguments have no in another important respect. Municipal relationship whatscever to muniapal of- politics are up close and personal. Races ficeholders in Colorado. are nonpartisan. It is relatively easy to ° City councils and town boards are not get on the ballot and mount a challenge Entrenched tncumbents rife with careerist politicians. There is no to an incumbent if someone chooses to aren't the problem entrenched ruling elite. In fact, the far do so. It is also relatively easy to get re- more pervasive problem in Colorado mir called once in office. (In fact, local gov- Data from 57 municipalities that nicipalities is finding enough people will emment is the only place where recall is recently responded to a CML sur- ing to accept the sometimes thankless practically feasible in Colorado, and vey show: task of public service. There is high turn where it oocurs on a regular basis.) over. According to League records, 88% Again, especially in smaller communi- + Members of current councils/ of the people currently holding elected tres, it is virtually impossible for office- boards have served an average of municipal positions were not in offioe holders to become aloof, distant, or en- 4.7 years. - seven years ago. Especially in smaller trenched without paying some severe communities, it is not uncommon for races consequences at the polls. In the last three municipal elections: to go uncontested or for entire elections to Qualifications for mumcipal office are be canceled due to lack of interest unquestionably a rratter of local con- +Among these 57 municipalities, When it comes to money, power, cem. This Amendment represents yet atr 215 candidates for municipal office and influence, there is precious liitle to other arrogant attack on local autonomy ran unopposed. be had in many municipalities. In and home rule. The local option provi- ? Entire elections were canceled towns with populations under 2,000, sions are small solace. The vast majority the median monthly "salary" for board- on at least 20 occasions due to lack members is $20, with mayors enjoying of the mtmicipal population in Colorado to competition. (Additionally, ao- resides in home rule municipalities cor to the S ecial District Asso- the extra special inducement of $25 where they already have the ability to ~ p per month on average. (In 41 towns, vote themselves term limits if they so ciation, only 60 of 243 districts sur- boardmembers receive nothing at all.) choose. Fifteen already have. Most have veyed indicated that they In cities over 2,000, councilmembers not. If this proposed oonstitutional conducted contested elections at receive an average of $175 per month, amendment had simply granted statu- the regular May 1994 elections.) while mayors receive $250. tory municipalities and other local gov- + More than 429b of the respoir Money also plays a minimal and, in emments additional authority to adopt dents reported difficulties in finding - many cases, virtually non-existent role in term limits on a local option basis, it municipal political rampaigns. In a re rnight have-been acceptable. Instead, People willing to fill vacancies on cent sutvey of Colorado municipalities, Amendment 17 imposes a blanket rule of their council or board. 75% of the respondents reported that no limitation on everybody, forcing each + 7596 of the respondents indicated more than $100 is spent on a typical elec- municipality to endure the expense and that less than $100 finances a typical tion campaign. There is simply nothing effort of conducting a separate election election campaign, and conversely, to motivate incumbent muniapal offioe- to opt out none of the respondents reported hav holders to brace themselves with huge Of incidental interest to municipali- ~~p~rienced "big mone~" cattr war chests to fight never-ending reelec is the additional limitation which tion campaigns as members of Congress paigns (i.e., over $10,000) to obtain or must do. Amendment 17 will plaoe on Colorado's hold onto office. As for the power and the glory, just congressional delegation. With no real chance to gain any seniority in the U.S. i X l• ~.IJ lY NiC:li~~ i ~ 1 { ~ ~ i 1 , ~ dA ,4~ AA . Z/1W . ~ =;1 : T0~1 OF `VAIL, Input/Inquiry Response Record . The attached comments were recently received by the Town of Vail. We encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE CONCERNS WITHIlV FIVE yVORKNG DAYS AIVD RETURN THIS . CONII'LETID FORNI TO PAM BRANDIVIEYIIZ DEPARTMEiNT TO HANDLE INQUIlZY INDIVIDUAL TO HANDLE IIVQUIlZY DATE TOV RECEIVID IlVPUT/INQIJIRy y,¢,q•y , . TYPE OF INPUT/INOUIRY: PHONE CALL (indicate date) LETTER (attached) RESPONSE CARD (attached) TYPE OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONS OR AIVSWIIZ TO TNOUIRy; ' DATE OF RESl'OIVSE FORNT RETURNID By DEPARTMENT TO I'ARR BRAIVDIVIEygZ; , A copy of this inquiry and form will remain on &le at the TOV Community Relations office. As soon as this form is retumed to Pam Brandmeyer, this inquiry wili be considered dosed TI-IANK YOU FOR YOUK TIMELY HAND[,QVC OFTHIS LSSUE IF YOU HAVE ANY QUFSIIONS, PL,FASE FEEL FREE TO COM'ACT PAM BRANDMEYER AT 479-2113. September 22, 1994 Vail Chamber Of Commerce Vail Colorado 81070 Dear Chamber of Commercea I recently spent 3 wonderful days in your city and cannot tell you how pleased I was with your handicap accessibility on your- bus system. Nor can I express how much I appreciated the kindness shown to me by the bus drivers. They were most pleasant about usiny it and putting me on and waiting for me to get to the bus. I use an Amiga electric wheelchair, and even on the last day when my battery went dead,they went out of their way to help me. Also your store owners and clerks were most kind to see that I got into their stores with no trouble. In all the cities I have baen in yours was the most gracious. People at the Westin Resort were also very helpful. Ynu need to advertise that you cater to handicap people and let them know that you are willing to help them in any way. What a wonderful city you have. I will be returning for our co_nvention next year in September and I am really looking forward to coming. My children were also so impressed by my story of how wonderful Vail was: that they took off the next weekend and spent 3 days in Vail. So thank you for all the kindness your city showed and all the help the people of Vail provided. 5incerel , , Kaye Ritchie, 2807 Imperial Pueblo, Co 81005 . \ R~CEIV~D L Ac : (,~7~~,a,c.c.2 TG 0. hI` ~ September 23, 1994 Mra Todd Oppenheimer Landscape Architect/Parks Supervisor The Town of Vail 75 S. Frontage Rde, West Vail, CO 81657 Dear Todd: Just a note to °°pat you on the backe" The flowers around town looked especially beautiful this summer and I am so happy to see they aren't being carted away while they are still holding their colorso The marigolds at the parking structure, the pocket park at the former ski museum site and the multi-colored pansies at Gore Creek and Vail Valley Drive were particularly stunningo 6dith best wishes for continued success, Sincerely yours, 0 ~ Connie Knight cco Mayor Peggy Osterfoss We're taking television into tomorrow. t RECE6VC- 0 $EP 1 6 TCI Cablevision of the Rockies, Inc. - September 13, 1994 ~ Mr. Peter B. DunninQ 2560 Delaware Avenue St. Paul. MN 55118 Dear Mr. DunninQ: You are a valued customer to us at TCI Cablevision of the Rockies. Inc. and I apologize that you feel we did not Qive you enough advance ~varninQ concerninQ the disconnectionv of your account. Whenever an account is 45 days past due, the computer automatically prints a disconnect work order, and althouQh not required. we attempt to telephone the customer in advance to attempt resolution prior to disconnect. Of course, we are human and do make mistakes. If we did not leave you a message on your answerinQ machine then we must have skipped your account bv mistake. I am verv proud ot our service and our Customer Service Representatives courtesy to the customer. Aaain, it is possible that we came across rude as all of us have a bad day now and then. I have researched this situation with the Office Manaaer who I consider to be outstandinQ. and she will credit your account the S23.23 reconnect charge. y If you have any concerns in the future please contact Roxanne Novia or myself at 949-5530. Y .nr_;,10~3tl0 ~'.?V ?J9-5530 ~b Please accept our apology and we hope to have you as a customer for a long time in the future. Sincerely, Stanley7Mc Kinzie Area Manager TCI ~-ablevision of the Rockies, Inc. cc: R. Thomas Moorhead, Vail Town Attorney . TOWIV OF UAIL ~g 75 Snuth Frontage Road Vail, Colorado 81657 MED0A ADVISORY 303-479-2100 FAX 303-479-2157 September 28, 1994 Contact: Suzanne Silverthorn Community Information Office 479-2115 !lA9L `~OWN COUNC@L HIGHL9GHTS FOR SEPTEMBER 25' Work Sessuon Brfieffs Council members present: Johnston, Navas, Osterfoss, Shearer, Steinberg, 'Strauch --Condo Conversions The Council directed Town Attorney Tom Nioorhead to prepare an ordinance which would prevent the conversion of public accommodation units (hotel rooms) to condominium units within the commercial cores. The proposed ordinance is intended to preserve short-term rental units within the Village and Lionshead. The measure will be presented to the Planning and Environmental Gommission (PEC) in October to be followed by Council consideration in November or December. For more information, contact iVioorhead at 479-2107. --Vail Environmental Strategic Plan The Council reviewed a draft of the Vail Environmental Strategic Plan prepared by Russell Forrest, the town's environmental planner. The 32-page document outlines a five year work plan for local environmental programs in four categories: sustainable land use regulation and development; ecosystem protection; environmental efficiency; , and environmental management and compliance. The proposed work plan identifies 29 actions, including an education campaign to improve public involvement; an environmental audit of town facilities; development of an integrated waste management program; development of a water conserva4ion program; evaluation of development related policies; and creation of a model home show to demonstrate energy, water and natural resource conservation, among others. In addition to several other suggestions, Vail resident Eileen Connors urged 4he Council to consider the concept of "green" taxes to increase environmental awareness and compliance. Council members asked Connors to work with town staff to incorporate some of her ideas into the plan. The environmental strategy will be presented to the Council for final approval in iVovember. For a copy of the draft or more information, contact Russell Forrest in the Community Development Office at 479-2138. (more) ~ .1 Council Highlights/Add 1 --Bikes, Rollerblades, Pedestrians, Motor Vehicles, Carriages and Rickshaws The Council heard suggestions from 11 area residents--including several bike shop owners--regarding safety concerns caused by the commingling of bicyclists, rollerbladers, pedestrians and others in the commercial core. The discussion centered on recommendations from Police Chief Ken Hughey to explore dismount zones for bicyclists and to possibly redirect rollerbladers to the recreational paths (state law currently bans in-line skates on public roadways). Reaction from the public was mixed, with more support expressed for "slow zones" rather than bicycle dismount zones. Some common sense suggestions from those who attended the meeting include: putting bells on bicycles (supported by rental shop representatives); distribution of maps and "rules of the road" brochures by the rental shops; working with bike and rollerblade manufacturers to develop a comprehensive education and awareness campaign (bicyclists adhering to same laws as motor vehicles); rollerblade lessons for beginners; a rollerblade practice area; increased enforcement, ticketing and presence by the Police Department; adding a bicycle symbol to stop signs; increased signage; creation of a volunteer "ambassador" program similar to the skier services program on Vail Mountain; special routes for alternative vehicles; and completion and widening of . Vail's recreational paths. Town Manager Bob McLaurin said he would use the suggestions to develop some recommendations for the public's consideration. For more information, contact McLaurin at 479-2105, or Police Chief Ken Hughey at 479-2210. --Sidewalk Sales, Litter, Trash & Junk The Council was briefed on regulations to control litter, trash and junk throughout town. During the discussion, Council members directed town staff to increase enforcement of abandoned vehicles and trash problems throughout town. This means residents who are permanently leaving their trash cans on the street could receive a summons to Municipal Court. The Council also asked staff to update regulations on the disposal of hazardous waste. In a related discussion, the Council suggested amending the existing zoning ordinance to improve the quality of sidewalk sale displays. The Council also suggested inviting retailers to a public meeting to probe interest in creation of new guidelines for the outdoor displays and to gauge reaction to the recent Mountain Madness tent sale sponsored by Vail Associates. The meeting will be scheduled for Nov. 22. Town staff will review the issue and present recommendations to the Council in November. For more information, contact Mike Mollica in the Community Development Department at 479-2138. --Streetscape Master Plan The Council heard an overview of the town's Streetscape Master Plan in preparation for an upcoming budget discussion on the town's five year capital improvements plan. The $8.5 million streetscape plan, adopted in 1991, identifies landscaping, benches, (more) ; a Council Highlights/Add 2 sidewalks, paving materials, bus stops, circulation patterns, utilities, lighting, trash bins, newspaper dispensers and the placement of other streetscape elements from Golden Peak west to Lionshead. The Council asked staff to bring back a prioritized list of improvements for consideration, including the cost and recommendations for public- private funding. For more information, contact Town Manager Bob McLaurin at 479- 2105, or iVlike iViollica in the Community Development Department at 479-2138. --iVewspaper Boxes - The Council also heard an update on standardized newspaper boxes as outlined in the Streetscape iViaster Plan. The plan suggests use of standardized boxes 4o replace the individual news stands located throughout the commercial area. Placement of 22 streamlined containers are recommended on 4own-owned property: 12 in the Village; 4 along Meadow Dr.; and 6 in Lionshead. The vendors could be required to pay a fee to cover the cost of the containers. Yesterday, the Council asked Town Attorney Tom fVloorhead to review if the town could begin regulating the number of newspaper stands currently housed on town property as part of a phased-in approach to the standardized boxes. The Council also gave the go-ahead to create a design for the standardized boxes which would meet the approval of the Design Review Board (DRB). For more information, contact Town Attorney Tom iVioorhead at 479-2107, or Jim Curnutte in the Community Development Department at 479-2138. --Mortgage Guarantee Program Next, the Council reviewed guidelines for a mortgage guarantee program sponsored by FirstBank of Vail. As proposed, the town would pledge cash collateral up to 15 percent of the purchase price of a home to help lower the down payment to ten percent. The loans would be up to $200,000 and would include the funding of condominiums and townhomes as well as single-family or duplex homes. FirstBank has agreed to fund up to $2.5 million in the mortgages over the next two years. Qualification and eligibility would be handled by FirstBank. As proposed, priority will be given, but not limited, to applicants who work in Vail. Homes would be deed-restricted and would require a cap on the future sale of the property.to maintain affordability. The Council will review an ordinance outlining the program at its Rlov. 8 work session. The concept of town- backed loans is thought to be an innovation in efforts to increase affordable housing stock. iVieanwhile, discussions are currently underway with representatives from Vail Bank for creation of a similar loan program. For details, contact Andy Knudtsen in the Community Development Department at 479-2138, or Town Manager Bob iVlcLaurin at 479-2105. --Information Update Council members were reminded about the Mayor's Park dedication scheduled for 5:15 p.m. on Wednesday (9-28). (more) D Council Highlights/Add 3 Representatives from the Vail Recreation District will be asked to attend next Tuesday's (10-4-94) evening Council meeting to present information on the Par 3 Golf Course ballot issue. Town Manager Bob McLaurin said a crane was scheduled to be in place next Wednesday to assist with the Covered Bridge renovation project. --Council Reports - Mayor Peggy Osterfoss announced approval of a federal appropriation of $1 million to be matched with $220,000 in local funds for the purchase of five new buses for the Town of Vail transit system. Delivery of the buses could occur by October 1996 and may be shared with Taos, N.M., during the summer seasons. Sybill Navas reported she attended a recent Northwest Colorado Council of Governments meeting and apprised the Council that one member community, Oak Creek in Routt County, may cut its senior meal program due to tight funding and the level of participation by Oak Creek's seniors. # # # , ~ SEN1' BY-EAGLE COUNTY ; 9-28-54 ~ 11:19 ; 3033287207y 3034752157;# ll 6 ~ . _ 1,1 Y FJ,~I~.L L 1/ I NAR 100 H^OMA„~~N w1 ici or THE Iri ON l;.lti Cf )lI \ IY I~1,11.1( J*ff EA(iLE. t(11.13k,11X1 i 011 ir 1_~3-~]fi(L'i ~'•a ' FA\: ilD li t!7i7.:u , ~,'c L~~~~~ Cov"Vd el 9 Yg COLORADO MEMO.~ ~ ~ DUM 'IID. Disfribtetim Lest mtoft Jack flngs, gltblic grrfomxtiorn Offim IIDAIR Svtanber 28,1994 R° WNW RFOONAY., S. 4MM IPlease conpletc the attached survcy and mail ar fax baclc bU rw by Mfmlay, October 10. 7Lbanc you! . .f b Axtachmeaxt , ST?N'I' W11 FAX 5rN't ESY:E:AGi.E CUUN7'Y ; 9-28-94 ; 11:2U ; 3033287207- 3034792157;# 2/ 3 DISlI2IB'U1ICN LLSP. 7XML(W AVCN 'POWN OF EAQ P, A1tat "Bt&" Reynolds, Mayar $ill Cuningbam, Mayor C`.eleste Ncittin&m, Mayor Pro Tcm Bi1l Heichff, Council Memba Juciy Yoda, Council Member Itick Ihulford, Council Member Jack Faviceti, Council M~mter ~ Cilcn Ewing, Cowmil Nlember ' Jo1m Ha=d, Councif Mmber Jean Johnson, Council Mcmbrer Tcxn Ifmes, Cmnci 1 Munber I.arry McKi.n* GvunciI Member Jim Tioar Council Nlember R+oxie IJeine, Camcil lMenbcr l3ill James, Town ManaW Willy Puwell, Toum Manager Patty Neyhart, Town CIedc Mfarilenc Miller, Town Clerk, TOMiv (IF van. WWW_oFOgsjrn~r regEy Osterfoss, A&yor Mkc Suriano, Mayor Merv T.apin, Ma3'ar Pro Tcm Bob Maynr,, Council Nkmber Paui Johnstvn, Council Memba nick Abyme, Council Manber Jan Stauch, Council Mcmber Yam Schulb., Council Membcr Sybill Nav&q, Ccxmcil Mmliser Ciay Lebo, Cmtumil Membcx .lim Sheaner, CaLuicil Mexnber C:hris Fstes, auncil Member Tom Stcinbm-& Counu~il Membcx Jr,ff Shrall, Tawa Manager Bob MclAurin, Town Mzager Sharon Keigley, 'rovm Clerk I iolly McCutcheon, 7 own Clcrlc Barb= Fresquev, Mayor , IVfichael Gallagher, Mayor Victc)r Cisncros, Cnuwil Member Cie~ Si.sneros, Mayar Ptt7 Tem Torn Weisen, Council Menber T.arry Slotie, Council Member Peter GauIthard, C:oumil Mcmber Floyd Ihuan, Counci! Member Bill A4artinA Cc>uncil Mlember Taiana 1Velson, Council MembtT Rick Martituz~ Council Member Earle Bid+ez, Council Ivlember C.al 1boma% Tawxi Clcrk (iordon FlAheri.y, Council Member Dick Dautgler, Town Manager L, - A~,Shl.ey Royal, Town C;lerk Richard 5tevens, Mayor ' Lirida JotmorL Mayor Pro Tem EAGLE gMUTY (fax: 927-3540) ]3ud C'mte,s, Chairmm Mi tbon Stev??art, Council Mernler Jalmndxe Phillips, Chair Pro Tem 1.,aoy Daroux, Council IVletnber James Jobnson, Comrnimioner Karan iVhmnr, Cowicil M=ber Jack L.ewis, Wuty Maiiager Yatrick Collins, CoLUlcil Member laclc In&stad, Yublic Relation3 Nick McGrdh, Council IVYember John Fordon, Council Merrbcr Kent Mucllex, "fown Nanager Pamela Schillin& Town Clerk ~ UpdaBd 9/Z8m SENT' BY:EAGLE CUUNTY ; 9-26-94 ; 11:20 ~ 3033287207y 3034792157;# 3/ 3 r 0 1. Malfley W"uc@e `ll' ~ .2. FA& Riva 3. ~ g SeMces 4. Afl~ordable Hoaesfing tCoffib~g Smlce.s . Affoa'dabde Hoensiaig Educadonn ~him Care Eagic kvez Ditdc81F~ndin; t9mugpa A.-g;slativ~ JPam ~n OdtaCIl lsucs Co ' ~ SMChUTM a11ef CoMmunities , Coundywide 7's @$~ ~ uwcateon wi4h PcB* at lup 1~egiona9 Recreatkm iow PaarcY~g Keep on top a~~ ~isnwues JRZ(3 p8em aist yOsr QOP 4 90alLs, iea mer Of ` ce, fs~ do Eag1e Coanty Regaanal Il. 2. 3.-- ~lew Iig Zgcn& atCnas ffOr t&ae aM Hg~~ Cuuyq R*onal Meting in Kmventw. r~~TUP-H Sur~~y To: d$ck a~ ~gge Czimty P.C. ~X 850 . . Eapje, Co'umda 81631 Fax: 32&72W TOWN OF UAIL ~g 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 " FOR 8MMEDOATE RELEASE September 27, 1994 . Contact: Susie Combs, 479-2178 Transportation Administrative Assistant NEW "DEBBT CARD" REPLc4CES VAIL PAFiI(InIG COUPONS FOR 1994-95 SEASON (Vail)--The Town of Vail parking program is going high-tech for the upcoming ski season. To increase efficiency and convenience, the town is introducing a new system--called debit cards--to replace the traditional parking coupon in the Vail Village and Lionshead parking structures. The cards will be available beginning fVov. 1. Like the coupons, debit cards will provide subsidized parking for local residents, employees and second homeowners. But rather than purchasing blocks of individual coupons, each customer wilf receive a credit card-type device to be used continuously throughout the season, said Susie Combs, transportation " ~ administrative assistant. The new system eliminates the need to print coupons each year allowing the debit cards to be refilled season after season. The debit card will be issued in 10 or 20 day increments at a cost of $4.75 each with a maximum of 100 parking entries for the 1994-95 season. Without the subsidized card, a full day of parking costs about $10. When in use, the new debit card system will automatically display the card's ~ _'(more) , Debit Cards/Add 1 balance to remind customers when to have the card refilled, Combs said. "It will be important for the user to keep an eye on the remaining balance so it can be refilled prior to running out of uses," she said. As in the past, the debit cards will be sold to Eagle County residents, employees or homeowners with valid identification such as: tax bill, Eagle County driver's license or a local paycheck stub. Those who have purchased coupons in the past will not be required to show proof of residency. The debit cards will be sold in two locations effective Nov. 1: the Transportation Center Office on the fourth level of the Village parking structure and in the Town of Vail Finance Department on the lower level of the Vail Municipal Building, 75 S. Frontage Road. Gold and Blue season parking passes will also be sold beginning Nov. 1. The cost of the gold premium pass will be $1,100, while the blue pass.will cost $500 for the 1994-95 season. Parking rates will become effective in the Lionshead and Village structures on ; Nov. 18 and will run through April 16; 1995. The passes and debit cards must be returned for refunds and deposits by May 31, 1995. For more information, contact Combs at 479-2178. # # 'a ~ M" TOWIV OF VAIL 75 South Frontage Road Vail, Colorado 81657 303-479-2100 VAOL POLBCE DEPARTRfiENT NEWS RE~EASE FAX 303-479-2157 Date of Release: Sept. 26, 1994 Contact Person: Sgt. Joe Russell, 479-2249 Arresged: Federer Nlark - Gerard Last First Middle 27-year-old from Avon. ChaPges: Criminal Mischief Class 4 Felony PPO~erty dama9ed: Four radial tires to victim's vehicle valued at $580. Loca$ion o$ OccaaPrence: Vl/est Vail parking lot Date Of OCCQDPPePUCe: Approximately 9 p.m. Sept. 24 B°nd: Federer is being held at the Eagle County Detention Facility on a $5,000 bond. Synops6s of Everags: At about 9 p.m. on Sept. 24, the owner of a yellow van noticed that someone had just punctured the rear driver's tire and was attempting to walk away. The victim stated that he knew the suspect from a previous encounter. The victim followed the suspect to his vehicle at which time he recorded the vehicle's license plate_and notified the Vail Police Department. The Vail Police Department contacted the Eagle County Sheriff's Office for assistance in contacting Federer. The Eagle County Sheriff's Office was able to contact Federer in unincorporated Avon. The Vail Police Department transported the victim to unincorporated Avon where the victim positively identified Federer as the suspect who slashed all four of his vehicle's tires. Federer was arrested for criminal mischief. He is currently being held in the Eagle County Detention Facility at on $5,000 bond. # # # 4 ~ , . ~Aeg TOd~I OF VAIL ~ 75 South Frontage Road Vail, Coloradn 81657 303-479-2100 QlAUL POLICE DEPARTMENT NEWS RE~EASE FAX 303-479-2157 Date of Release: Sept. 26, 1994 Contact: Sgt. Joe Russell, 479-2249 Date o$ OccanPrence: 12:15 a.m. Sept. 25 Location o$ OccanPVence: West Vail AvPesged: Trujiilo Michael Anthonv Last First Middle 24-year-old male from Pueblo, Colo. Chapges: First degree motor vehicle theft Class 3 Felony Vehicular Eluding Class 5 Felony Drove Vehicle While License Revoked Class 5 Felony (habitual offender) Reckless Driving Class 2 Misdemeanor Careless Driving Class 2 Misdemeanor Resisting Arrest Class 2 fViisdemeanor Drove Vehicte Under the Influence Misdemeanor Traffic Offense of drugs or alcohol !lehocle S$OIen aBld ReCObePed: . Red 1994 Toyota 4 Runner, stolen out of Pueblo, Colo. - [8ond: ^ $ 19,000 bond for the above listed charges. Trujillo is currently being held by the Eagle County Sheriff's office in the Eagle County jail. Synopsis of Events: On Sept. 25, 1994, at approximately five minutes after midnight, Officer fVlichael Bulkeley of the Vail Police Department observed a red 1994 Toyota 4 Runner in the parking lot of the West Vail Texaco squealing its tires and driving at a high rate of speed across Chamonix Road and into the Phillips 66 gas station parking lot. In the Phillips 66 parking lot, the vehicle was again squealing its tires and again came back to the Texaco lot nearly striking three people in the lot. ~ Officer Bulkeley attempted to pull the vehicle over, but the driver failed to comply and headed west on Rlorth Frontage Road. The vehicle then turned around and headed east on Rlorth Frontage Road, and turned onto I-70 westbound at the West Vail on-ramp. (more) 1 1Vail PD/Add 1 Officer Bulkeley and other Vail officers followed the vehicte west on I-70 as the vehicle was driving erratically from side to side at speeds from 50 mph to 80 mph. While en route, officers discovered the vehicle was reported stolen out of Pueblo, Colo. Just west of Dowd Junction, the vehicle pulled over and stopped. The officers conducted a high risk vehicle stop, but the driver would not respond to the officers' commands. The driver did throw several beer bottles out of his vehicle. It became obvious to the officers that the driver, Trujillo, was not complying with their commands, and that he was not going to cooperate. Officers from Avon, Minturn and the Colorado State Patrol were contacted to close I-70 until Trujillo could be safely taken into custody. Due to the fact that Trujillo had stopped in the jurisdiction of the Eagle County Sheriff's office, the ECSO was contacted for assistance in this matter. The Vail dispatch center received information from the Pueblo Police Department that the driver of the stolen vehicle may be Trujillo, and that caution should be used when contacting Trujillo. At that time, members of the Eagle County Sheriff's Department and members of the Vail Special Operations Group (SOG) decided to introduce CS gas into the vehicle in an effort to remove Trujillo from the vehicle and safely take him into custody. Officer Mike Warren of the Vail Police Department SOG team deployed the gas into the vehicle, but the gas had little physical affect on Trujillo. - Officers of the ECSO and the Vail Police Department SOG team then approached the vehicle with the protection of a ballistic shield, smashed the window, and were able to physically remove Trujillo from the stolen vehicle. Trujillo was taken into custody and was transported to Vail Valley Medical Center for precautionary reasons, and was released into the custody of the Vail Police Department. Trujillo was evaluated by Colorado West Mental Health, and was transported to the Eagle County jail, where he is being held on a $19,000 bond. The recovered stolen vehicle was repdtted stolen to the Pueblo Police Department on Sept. 24. (more) 0 Vail PD/Add 2 FOP mOPe 9PEf00'm21tOOn, pBease contact ghe fo99owing people: Pueblo Police Department Deputy Chief Ron Gravatte 719-549-1251 Vail Valley Medical Center Cindy Cohagen 479-7260 Eagle County Sheriff's Office Kim Andree 328-8508 # # # a 4. ~ UPPEF3 EAGLE VALLEY CONSOLIDA?TIED 444%~ SAN17ATI0N DIS7'FdICT ~ 846 FOREST ROAD ~ VAIL, COLORADO 81657 (303) 476-7480 • FAX (303) 476-4089 X C - C&(,4Lct.F 6A w September 23, 1994 Mr. Bob McLaurin Town of Vail - 75 South Frontage Road Vail, CO 81657 Dear Bob, Please find enclosed the minutes of the July Upper Eagle Valley Consolidated Sanitation District (UEVCSD) and Vail Valley Consolidated Water District meetings. Also enclosed is a copy of the August VVCWD meeting. UEVCSD will be meeting Wednesday, September 28, at which time the minutes for August will be approved and a copy of the minutes will be delivered to you. Sincerely, M?dith A e Secretary a flflANAGER FOR THE FOLLOWING WATER DISTRICTS: ARROWHEAD METRO WATER • BEAVER CREEK METRO WATER • gELLYACHE RIDGE METRO WATER e BERRY CREEK METRO WATEF EAGLE-VAIL METRO WATER • EDWARDS METRO WATER • LAKE CREEK MEADOWS WATER • SQUAW CREEK METRO WATER UPPER EAGLE REGIONAL WATER AUTHORITY • VAIL VALLEY CONSOLIDATED WATER a ~ 'RECORD OF PROCEEDINGS MIANTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT HELD: JULY 27, 1994 The regular meeting of the Board of Directors of the Upper Eagle Valley Consolidated Sanitation District, Eagle County, Colorado, was held July 27, 1994, at 1:00 p.m., at the District Offices, 846 Forest Road, Vail, Colo:rado, in accordance with the applicable statutes of the State of Colorado. ATTERIDANCE The followina Directors were present and actina: Andrew Armstrong Gerald Bender Kent Rose Darell Wegert The following Director was absent: Walter Kirch, whose absence was excused. Also-in attendance were: ^ Leslie Allen, Administration Manager Mark Avery, Vice President of Finance, Cordillera, and President of Squaw Creek Metropolitan District Becky Bultemeier, Finance Manager James P. Collins, Counsel for the District Dennis Gelvin, General Manager Meredith Gi*11, Administrative Secretary Colleen Lanier, Human Resources Administrator p RECORD OF PROCEEDI1vG5 Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 Page 2 George Nielsori, American Money Management Associates, Inc. _ Peter Rudy, Esq. Ellen West, American Money Management Associates, Inc. CONFLICTS OF The Board noted that it had received more than 72 hours INTEREST prior to the meeting certain disclosure of potential conflict of interest statements for the following Directors indicating the following conflicts: Andrew W. Armstrong is a certified public account with , clientele within the District and Eagle County, Colorado. The District may engage in business relationships with some of his clientele. Gerald W. Bender is employed by Gamba and Associates which has significant business interests within the District. The District and/or its managed Districts may have contracts or may contract with Gamba and Associates for engineering services. Darrell Wegert is employed by Scully's Art, Office and Drafting Supplies. The District has and may continue to purchase office supplies from that company. Kent Rose is employed by Vail Associates Real Estate Group as the Director of Construction. Vail Associates has significant land ownership and business interests within the District. CONSIDERATION, The Board considered the minutes of the regular meeting of OF MINUTES June 22, 1994, and upon motion duly made and seconded, it was unanimously RESOLVED that the minutes of the regular meeting of June 23, 1994, be and hereby are approved. DISCUSSION OF Mr. Avery addressed the Board regarding the Letter of SUBSTITUTION OF Credit which had been posted when Cordillera entered into COLLATER.AL agreements with.the District for the construction of the Northwest Outfall. Mr. Avery presented an overview of the development at Cordillera. He reported that there were 200 ' home owners with the highest sales rate in the Valley, and admin\b-uev-94\ev94-07r.min , . 'Z~ZECORD OF PROCEEDINGS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 • Page 3 that the Golf Course had opened on the 29th of June. The Club House and 30 homes are under conatruction, and there are 20 riew home proposals before the Design Review Board. He requested that on the basis of the strength of the development at Cordillera the Board consider substitution of collateral for the Letter of Credit. He reported that the District loan at 8o secured by the Letter of Credit at a cost to Cordillera of 4% was expensive money to Cordillera. He further reported that a first payment of $128,000 had been made in September, 1993. He requested that Corporate Guarantees be substituted for the Letter of Credit. The Board expressed its concern that there would not be sufficient collateral in the event the Letter of Credit was released and substituted with Corporate Guarantees, and requested that Mr. Avery look into the possibility of securing the amount due with a lien on real property, in addition to the Corporate Guarantees. Mr. Avery stated that he would investigate that possibility and requPSted that the Board partially release the Letter of Credit to reflect the $128,000 payment. Upon motion duly made and seconded, it was unanimously RESOLVED that the Letter of Credit securing the amount due from Cordillera be and hereby is partially released in the amount of $128,000 to reflect the principal payment made in SeptembQr, 1993; and BE IT FURTHER RESOLVED that the Letter of Credit is to be partially released as additional principal payments are made. The Board further agreed that it would consider substituting collateral in the amount of one and one-half times the outstanding obligation of the amount due. Mr. Avery then discussed certain agreements which had been drafted and which had not been executed by the District. He explained that these agreements included a line extension agreement and cost recovery agreement. Mr. Collins explained that the Board had approved a resolution in the June meeting that ends cost recovery effective November 22, 1994. He further noted that payments of cost recovery are at the sole discretion of the Board, and that admin\b-uev-94\ev94-07r.min RECORD OF PROCEEDIN'GS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 Page 4 the District has large capital proj.ects coming up in the near future. The Board and Mr. Collins discussed the possibility of Cordillera imposing an incremental tap fee to be collected by the District and remitted to Cordillera in lieu of a cost recovery contract. Upon motion duly made and seconded, it was RESOLVED that Cordillera be and hereby is authorized - to impose a tap fee surcharge which would serve as an incremental tap fee collected by•the District and returned to Cordillera and BE IT FURTHER RESOLVED that in the event Cordillera imposes such a surcharge, a document be recorded showing that the incremental tap fee is due and owing against Cordillera property. The.motion carried by a vote of three to one. Director Armstrong opposed. The Board further discussed a policy for recovery by developers of the cost of upsizing main lines and extension of new lines at the time of connections by other developers. Staff was directed to contact other utilities such as Holy Cross to determine their policy in such cases. The Board requested that recommended policy include language indemnifying the District and that an arbitration policy be established to handle any disputes that may arise between developers. Thereafter, Mr. Avery left the meeting. REPORT BY Mr. Collins then reported on the status of legal matters LEGAL COUNSEL pending. BACHELOR GULCH Mr. Collins stated that he has received the draft Service METROPOLITAN Plan for Bachelor Gulch Metropolitan District and that it DISTRICT includes sewer services. He explained that generally two districts with overlapping boundaries do not include the same service. However, in the this case the sewer services are for the construction of sewer mains and this is Bachelor Gulch's form of cost recovery. Director Rose abstained from discussion in this matter, declaring a potential confl`ict of interest as a result of his employment with Vail Associates, which is the developer of property within the Bachelor Gulch Metropolitan District. admin\b-uev-94\ev94-07r.min ~ ti RECORD OF PROCE. DINGS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation Distric[ July 27, 1994 Page 5 Following discussion and upon motion duly made and sec:onded and, it was _ RESOLVED that Counsel be and hereby is authorized to respond to the Bachelor Gulch Service Plan, cl.arify the intergovernmental relationships, and recammend consolidation of sewer services at the earliest date. The motion carried by a vote of three to zero. Director Rose abstained. ELIMIIVATIORT OF Mr. Collins presented the resolution regarding cost COST RECOVERY recovery which was adopted at the June regular meetin.g and requested that the Board review it to be sure it said what was intended. A copy of the resolution is attached hereto as Exhibit A, and incorporated herein by this reference. He further recommended that a letter enclosing a copy of the resolution be sent to developers, parties to cost recovery contracts, and others who may have involvement with extension of main lines. SCHIMETZKO/ Mr. Collins reported that the District was working with the FRITZ SCHIMIDT property owners to obtain reimbursement of at least some of PROBLEM the District's cost in this matter, and otherwise that the problem had been resolved. LOCATION AND Mr. Collins informed the Board that Vail Associates is not EXTENT filing a Location and Extent Application as was discussed APPLICATIORT at the previous meeting, and instead had obtained an amendment to its 1041 Permit. FURTHER DEBT Mr. Collins reported that bond counsel has stated that the AUTHORIZATIOIV District does not need to obtain voter authorization to obtain additional revenue bond financing. Mr. Co:Llins further reported that Montgomery Watson should get the ATAD . project on the State Health Department Approved Project List. The Board requested that the cost associated with new EPA regulations be identified in the event that the District needs voter approval. LONE PI1VE Mr. Collins reported that he has received a letter from TRAILER COURT Dorothy Archer,~.:owner of the Lone Pine Trailer Court, protesting the "service charge increase the District adopted. Mr. Collins reminded the Board that in November, 1993, the District extended the opportunity to discuss admin\b-uev-94\ev94-07r.min , : RECORD OF PROCEEDINGS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 Page 6 alternatives.to the fees of $100 per unit per year on the 41 units currently existing, in lieu of_payment at the time of connection of the 41 tap fees which would have been due in 1981. Payment of the tap fees was postponed and is to be collected when the property is redeveloped. Tap fees would then be payable for the number of units constructed. , Fees of $4, 100 per year have been accumulating for the last 13 years and the current amount due is $53,300. The District again extended the opportunity to discuss alternatives. The Board requested Mr. Collins to write a letter to the Archers explaining that the increase in service charges did not involve the tap fee negotiation. AMENDMENT 12 Mr. Collins presented a memo regarding Amendment 12 and requested that the Board oppose its passage. A copy of the memo regarding Amendment 12 is attached hereto as Exhibit B, and incorporated herein by this reference. WOLCOTT Mr. Gelvin and Mr. Collins then discussed with the Board ASSOCIATES the interest Wolcott Associates has in the District _ operating a proposed package treatment plant to serve a commercial and residential subdivision in Wolcott. The Board discussed whether the subdivision should be included in the District or if the District would like to operate the treatment plant on an ,out-of -district contractual basis. Discussion then followed regarding the possibility of constructing a regional plant along the riv.er west of Wolcott on property owned by the Jouflas family which would serve more than the one proposed development. The Board ' requested Mr. Collins and Mr. Poeckes to pursue the possibility of a regional plant to be constructed on Jouflas' property along the Eagle River just west of WOZCOtt. DISCUSSION OF Mr. Rudy and Ms. Lanier reviewed the changes made to the PERSONNEL Personnel Handbook since th'e June meeting. Mr. Gelvin HANDBOOK explained his desire to ultimately eliminate the accrual and use of compensatory time, and reported that generally the District was no longer using compensatory time. In the discussion which followed, the Board requested that policies be developed pertaining to employee's obligations with regard to d.n call status, use or payout of comp time now accrued, moonlighting and conflicts of interest, and personal use of- District vehicles. The Board further admin\b-uev-94\ev94-07r.min r e "19-CORD OF P. OCEEDINGS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 Page 7 requested that the following sentence be added to the section titled Personal Use of District Vehicles: If you are provided a vehicle, you will be giveri more detailed information regarding vehicle use. Following discussion and upon motion duly made! and seconded, it was unanimously RESOLVED that the Personnel Handbook be and hereby is approved as amended. A copy of the Personnel Han.dbook . is attached hereto as Exhibit C and incorporated herein by this reference. Thereafter, Mr. Rudy and Ms. Lanier left the meeting. WATER gUALITY Mr. Collins reported that the District has receiued a COIVTROL request from the Water Quality Control Division to provide DIVISIOIV a resolution specifying which District personnel were REQUEST authorized to approve the ATAD contracts. Following discussion and upon motion duly made and seconded, it was unanimously RESOLVED that the General Manager and the Chairman of the Board of Directors be and hereby are authorized to sign contracts on behalf of the District with regard to the ATAD project. FIRTANCIAL Ms. Bultemeier gresented the Financial Report and Proposed REPORT Disbursements, including a list of hand checks, a copy of which is attached hereto as Exhibit D, and incorpo.rated herein by this reference. Following discussion and upon motion duly made and seconded, it was unanimously RESOLVED that the Financial Report and Proposed Disbursements including the handchecks be and hereby are approved. Ms. Bultemeier then presented a letter from Van Schooneveld and Company, Inc., announcing the successful completion of the Fifth Independent Peer Review of their accounting and auditing practice and its receipt of the highest possible ranking on this''review. A copy of the letter is attached hereto as Exhibit E, and incorporated herein by this reference. admin\b-uev-94\ev94-07r.min r, RECORD OF PROCEEDINGS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 Page 6 PRESENTATION Mr. Nielson and Ms. West presented a report on investment BY ANIlMA issues, a copy of which is attached hereto as Exhibit F, and incorporated herein by this reference. They presented an overview of AMMA, explaining that they managed over $800 million, while providing services including development of investment policy, safekeeping and custody agreements, broker/dealer relationships and master repurchase agreements, credit analyses of banks, documentation of cash management programs, portfolio management, monthly reports, semi-annual performance reports, and investment spread sheets for audit purposes. , Mr. Nielson discussed with the Board the difference between the interest rate available through ColoTrust and the interest rate available through the purchase of six to nine month instruments. The Board requested that Ms. Bultemeier work with Ms. Grider to forecast capital project needs and time the District investments to maximize yields. Ms. Bultemeier noted there are loan funds available and that they are currently resulting in negative arbitrage to the District. The Board requested that these funds be drawn on first for payment of capital projects and the Power Authority be instructed to invest in three month Treasury Bills to minimize negative arbitrage. Mr. Nielson and Ms. Bultemeier requested that the Board re- execute agreements with Smith Barney to reflect its new name change. Upon motion duly made and seconded, it was unanimously ' RESOLVED that the execution of agreements with Smith Barney to reflect its new name, be and hereby is authorized and approved. Thereafter, Mr. Nielson and Ms. West left the meeting.. COST SHARING The Board then considered a recommendation from Mr. Haslee FOR SEWER LINE regarding a sewer line relocation for Lot 56 Block 2, RELOCATION Benchmark at Beaver Creek. It was explained that the sewer main on this lot is currently out of the existing easement and similar to the condition which existed within Lot 55, owned by Shapiro: Development. Plans for relocation have been submitted-' to the District and engineered by Intermountain Erigineering. It was proposed that the sewer line relocation cost of approximately $16,000 be shared admin\b-uev-94\ev94-07r.min e ~ ~ RECORD OF PROCEEDINGS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 . Page 9 between the District and the owners, Vail Bank, at 4:8,000 each. A copy of the proposal is attachsd hereto as Exhibit G and incorporated herein by this reference. Foll.owing discussion and upon motion duly made and seconded, i.t was ur_animously RESOLVED that the cost sharing proposal between the District and Vail Bank in an amount of $8, 000 eac;h for the relocation of the sewer line through Lot 56, Block 2, Benchmark at Beaver Creek, be and herek>y is approved. WASTEWATER The Board then discussed the Wastewater Operations Report, ~OPERATIORTS a copy of which is attached hereto as Exhibit H,, and REPORT incorporated herein by this reference. STATUS OF A copy of the construction report is attached hereto as COIVSTRUCTI0N Exhibit I, and incorporated herein by this reference. PROJECTS NE6VMAN The Board discussed the proposed agreement between the AGREEMENTT District, Robert L. Newman and Dowd Development Corporation for the relocation of sewer line, a copy of whic:h is attached hereto as Exhibit J, and incorporated herein by this reference. Mr. Gelvin explained that through the contract Newman and Continental West would perforrn the installation of a new 24" sewer line through the property Newman leases from the Colorado State Land Board. It was noted that Mr. Newman owns and operates atusiness o:n the leased property. The price in the contract was the deductive Change Order from Western Slope Utilities Burst in Place Contract in the amount of $104,814; with Newman paying the cost necessary to procure the permits, easements, and licenses for the relocation, the engineer's cost, the relocation construction cost, and the cost for the reconnection of properties' service lines. Following discussion and upon motion duly made and seconded it was RESOLVED that the agreement with Robert L. Newman and - Dowd Development Corporation in the amount of $104,814, for the relocation of sewer line, be and hereby is approved. „ The motion carried by a vote of three to zero. Dirpctor Armstrong abstained. admin\b-uev-94\ev94-07r.min r ! RECo~~ ~~OCEEDii\GS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 Page 10 WESTERN SLOPE The Board then discussed the Second Amendment to the UTILITIES Agreement between the District and Western Slope Utilities SECOND for powd Junction Interceptor Phase II, a copy of which is AMENDMENT attached hereto as Exhibit K, and incorporated herein by this reference. The Second,Amendment to the Agreement included the deductive Change Order referenced in the Newman Agreement in the amount of $104,814 for the removal of 587 lineal feet from the contract amount. Following discussion and upon- motion duly made and seconded, it was unanimously RESOLVED that the Second Amendment to the Agreement between the District and Western Slope Utilities be and hereby is approved. WESTERN SLOPE Mr. Gelvin then discussed the need to have approval for UTILITIES Change Order No. 3 to the Westerri Slope Utilities contract CHANGE ORDER for an additional 587 lineal feet of sewer line NO. 3 replacement. The Board requested that when additional information is available on which 587 feet of sewer line is in question, engineering staff return with Change Order No. 3. Mr. Gelvin reported that there had been savings achieved in the construction projects to date and he recommended that the savings be reappropriated for additional repairs in the East Vail area. DISCUSSION OF It was noted that several property owners have expressed an INCLUSION OF interest to include into the District. Ms- Allen reported PROPERTY TO THE that Upper Bachelor Gulch will petition to be included. In DISTRICT addition, a property in South Forty in the Edwards area has requested to be included. The Board discussed its interest in including the Wolcott property, and discussion followed on the District' s determining all the areas where there are not contiguous boundaries with managed metropolitan districts, noting that perhaps this would be the time to do a major inclusion by election to make boundaries uniform and to close any discrepancies in the legal descriptions of the District and the metropolitan districts. Staff was directed to work with Johnson and Kunkel to determine those - areas and to investigate the feasibility of an inclusion election. * admin\b-uev-94\ev94-07r.min . w 6 RECORD 0F PROCEEDINGS Minutes of the Regular Meeting Upper Eagle Valley Consolidated Sanitation District July 27, 1994 Page 11 ADJOURNMERTT There being no further business to come before the Board, the meeting adjourned at 5:35 p.m. _ Respectfully submitted, Z_v - uC/ Se etary t the Board ~ admin\b-uev-94\ev94-07r.min i r 12ECORD OF PROCEEDINGS MIMJTES OF THE REGULAR PqEETI1VG OF THE BOARD OF DIRECTORS VAIL VP,LLEY CORTSOLIDATED WATER DISTRICT HELDe JULY 28, 1994 The regular meeting of the Board of Directors of the Vail Valley Consolidated Water District, Eagle County, Colorado, was held July 28, 1994, at 2:00 p.m., in the John V. Amato Room of the Upper Eagle Valley Consolidated Sanitation District administrative offices, 846 Forest Road, Vail, Colorado, in accordance with the applicable statutes of the State of Colorado. ATTEATDANCE The followina Directors were present and acting: Patrick Dauphinais T. Charles Ogilby Frederick P. Sackbauer IV , Paul Testwuide The followinq Director was absent: Byron Brown, whose absence was excused. Also in attendance were: - Leslie Allen, Administration Manager, Upper Eaigle Valley Consolidated Sanitation District Becky Bultemeier, Finance Manager, Upper Eagle Val.ley Consolidated Sanitation District Lanny Carlson, Water Foreman, Upper Eagle Val.ley Consolidated Sanitation District James P. Collins, Esq., Counsel for the District Mark Gavell, Continental West Dennis Gelvi,n, General Manager, Upper Eagle Valley Consolidated•Sanitation District Gayle Grider, Project Manager, Upper Eagle Valley Consolidated Sanitation District F RECORD OF PROCEEDINGS ' Minutes Vail Valley Consolidated Water Disvict July 28, 1994 Page 2 Roger Hartman, The Hartman Company Kevin McBrien, Merrick and Company Mark Rosser, Merrick and Company Joe Tamburini, Rothberg, Tamburini & Winsor ' Emily Woodruff, Administrative Secretary, Upper Eagle Valley Consolidated Sanitation District DISCLOSURE OF The Board noted that it had received more than 72 hours POSSIBLE prior to the meeting certain disclosures of potential CONFLICTS OF conflict of interest statements for the following Directors INTEREST indicating the following conflicts: Paul Testwuide is a Vice President of Vail Associates, Inc., which has significant land ownership and business interests within the District. Frederick Sackbauer IV is an employee of Vail Associates,Inc. which has significant land ownership and business interests within the District. Byron Brown is a Broker employed by Slifer, Smith and Frampton/Vail Associates Real Estate which has significant business interests in the District. CONSIDERATION The Board considered the minutes of the regular meeting of OF MINUTES June 23, 1994. The following changes were noted to the minutes: ' On page 4 under the heading LOT 11, FILING 2, VAIL MEADOWS SUBDIVISION, the last sentence of the paragraph should read, "He noted that the financial exposure of the law firms may be approximately $7,000." In the second topic on page 4, GORE VALLEY TREATMENT PLANT, the last sentence should read, "The Board then directed RTW to move forward in completion of the documents." On page 5 under OLD BUSINESS, the Board requested that the Lionsridge Plant Site sentence be deleted. * On Page 6 under the topic, HANDICAP FISHING PIER, Chairman Sackbauer asked if the $5,000 for completion admin\b-vvc-94\w94-07r.min a ' 12EC012D OF PROCEEDINGS M;~utes Vail Valley Consolidated Wazer Disvic[ July 28, 1994 Page 3 of the handicapped fishing pier was a budget item or was coming from capital contingency. Those changes and comments being noted, and upon motion duly made and seconded, it was unanimously ItESOLVED that the minutes of the regular meeting of June 23, 1994, be and hereby are approved as commianted upon and amended. BID OPERTIATG ON Ms. Grider and Mr. Tamburini explained that they had GORE VALLEY conducted an opening of bids for the proposed retrof:it of PLANT the Gore Valley Plant. Mr. Tamburini presented a letter to the District in this matter, a copy of which is attached hereto as Exhibit A, and incorporated herein by this reference. Continental West, the only bidder for this project, submitted a bid of $340,650. The engineser's estimate was $181,700, and the budget amount was $200,,000. The Board and engineers then discussed the reasons for the bid being so much higher than anticipated. Several rezisons were noted, including the fact that there were many unknowns in the refurbishment of the plant. It was also noted that it would be a labor intensive project, anci the contractor believed there was significant liability involved, as well as a narrow time frame to bring the plant on line in October. In the discussion which followed, the Board requested that Ms. Grider, Mr. Carlson, and Mr. Gelvin work with the engineers and contractor to deve]_op a plan to have the plant operating by October, completing the improvements necessary to the media and raw water int:ake, and leaving the remainder of the plant improvements t.o be completed at a later time. Following discussion and upon motion duly made and seconded, it was unanimously RESOI,VED that the District reject all bids for the Gore Valley Plant improvements and negotiate with Continental West to develop an alternative plan to meet the immediate needs of the District. The Board requested that the engineer and Ms. Grider re:turn with the proposal at a special meeting to be scheduled by the Board. Thereafter, Mr. Gavell and Mr. Tamburini left the meeting. EXECUTIVE Upon motion duly tnade and seconded, it was unanimously SESSIORT admin\b-vvc-94\vv94-07r. min 4 RECORD OF PROCEEDINGS Minutes Vail Valley Consolidated Wazer District July 28, 1994 Page 4 , RESOLVED that the Board enter into an executive session for the purpose of discussing contract administration with Mr. Hartman. The Board reconvened the regular meeting. REPORT BY Mr. Collins reported on the status of legal matters LEGAL COUNSEL pending. ACKNOWLEDGMENT Mr. Collins presented an Acknowledgment of Liability OF LIABILITY regarding the Storr residence, Lot 11, Vail Valley Third Filing, which acknowledged that the water main is located close to the edge of the easement, and if damage were to occur to the property line outside of the easement, the District would be liable. A copy of the Acknowledgement of Liability is attached hereto as Exhibit B, and incorporated herein by this reference. Upon motion duly made and seconded, it was unanimously RESOLVED that the Acknowledgement of Liability regarding Lot 11, Vail Valley Third Filing, be and hereby is approved. ~ AMENDMENT 12 Mr. Collins presented a memorandum regarding the proposed Amendment 12, which he explained was the election reform amendment drafted by Doug Bruce, and which will appear on the ballot in November, 1994. He noted that like Amendment 1, Amendment 12 is complicated and somewhat confusing. He requested that the Di-strict join with other special districts and enti.ties in opposing Amendment 12. A copy of Mr. Collins' memorandum is attached hereto as Exhibit C, , and incorporated herein by this reference.; LEASE OF BLACK The Board requested Mr. Collins work with Mr. Leavenworth LAKES WATER TO to prepare a lease which will allow Vail Associates, Inc. VAIL ASSOCIATES to lease water out of Black Lakes for snowmaking at Arrowhead. The Board will review the lease at the next meeting. Thereafter, Mr. Collins left the meeting. SPECIAL MEETIATG The Board requested that staff reschedule the August meeting to coincide with the Upper Eagle Valley Consolidated Sanitation District meeting of August 24, 1994. Upon motion duly made and seconded, it was unanimously admin\b-wc-94\vv94-07r.min - d ' RECORD OF PROCEEDIRTGS , Minuces Vail Valley Consolidated Water District July 28, 1994 Page 5 RESOLVED that a special meeting be and hereby is to be held on August 24, 1994, from 9:00 a.m. to 12:00 noon, followed by a joint lunch meeting with the Upper Eagle Valley Consolidated Sanitation District Board from 12:00 noon to 1:00 p.m., for the purpose of conducting regular business and discussing the Operations Agreement with the Upper Eagle Valley Consolidated Sanitation District. HYDRAULIC Mr. Rosser and Mr. McBrien of Merrick and Company presented ARTALYSIS AND the Supplemental Services Hydraulic Analysis and Executive PLAATNIRTG Planning Summary, copies of which are attached hereto as SUMMAR3t Exhibits D and E, respectively, and incorporated herein by this reference. They discussed the system interconnect and the pumping capacity of 1 mgd from the Eagle Vail system up to the Vail system, stating that they ran a limited hydraulic model of the interconnect. If new pump stat:ions are built, the District may not need to add new upsized pipe lines. The Board agreed to study the intercorinect agreement with the Regional Water Authority to determine the cost sharing in bringing the system up to the 1. mgd capacity. Mr. Rosser and Mr. McBrien discussed the Executive Plarining Summary' and four maps detailing the listed improvements. They explained that'the Executive Planning Summary wa; the culmination of their four previous reports. It identi.fied problem areas and listed recommended improvements to the District's water supply, treatment, storage, and distribution facilities. They summarized the recomme:nded improvements and grouped them into three priority lev-els: 1) improvements currently in progress; 2) b-mprovements to enhance fire protection; and 3) improvements related to the Dowd Junction interconnect. They also reviewed the storage needs of the District and reported that with a hydraulic simulation of twelve h.ours without additional water in the system, there were no shortages with the tanks in the model; and after 24 hours there was a shortage of stored water in East Vail. They informed the Board that they would bring their final report to the August meeting. The Board agreed to have a , September special meeting to review the report in detail. The Board discuss,ed fire flow requirements in some of the critical areas, slzch as Cortina, where it may be necessary to require buildings to have sprinklers, or install a fire admin\b-vvo-94\w94-07r.min ~ r RECORD OF PROCEEDINGS ~ Minutes Vail Valley Consolidated Water District July 28, 1994 Page 6 ~ pump, in lieu of having to increase pressure in the main line and increase storage for fire flows in that area. The Board also discussed the possibility of pumping water to the Regional Water Authority during the summer, using the Vail Associates' raw water line f-or snowmaking, and requested information on how long it would take to disinfect the system for that summer use. The Board requested Mr. Rosser and Mr. McBrien make these refinements to the Executive Planning Summary and bring the document back for review in September. REPORT BY The Board reviewed the report by water counsel, a copy of WATER COUNSEL which is attached hereto as Exhibit F, and incorporated herein by this reference. The Board discussed the District's opposition to the Frisco Augmentation Plan, and Mr. Leavenworth's opinion that the latest proposed Decree of the Town of Frisco represents the District's interest adequately. Mr. Leavenworth recommended that the Board authorize him to enter into a Stipulation with Frisco for entry of the Decree in substantially the same form as presented. The Board requested that this matter be discussed at a special meeting to be held prior to the next regular meeting. WETLANDS The Board discussed the letter from Mr. Weaver of MITIGATION Hydrosphere regarding site observations of the wetlands OBSERVATIONS mitigation on June 24. A copy of Mr. Weaver's report is attached hereto as Exhibit G, and incorporated herein by this reference. Mr. Weaver expressed his concern regarding the Booth Creek Falls Road site. The Board requested that Diane Yates be put on notice to correct ther situation. TR.ACT C, The Board discussed the status of the Tract C, Seventh SEVENTH FILING Filing property, requesting that a title policy be obtained on the property, and that it be surveyed. Director Dauphinais reported that he had received two bids for surveying and that Eagle Valley Surveying had been the low bidder at $900. Staff was directed to follow up with Eagle Valley Surveying to have the property surveyed as quickly as possible. The Board also .requested that an update of the appraisal for the property be obtained, with a current market analysis of values in the area. Mr. Collins was requested to write a letter to Hermann Staufer, who had expressed an interest in buying the property, explaining that the Distric;t was in the process of rezoning the property for its-sale. admin\b-wc-94\vv94-07r. min I . ~ " ItECORD OF PROCEEDIATGS Minutes Vail Valley Consolidazed Water District July 28, 1994 Page 7 EAGLE RIVER The Board requested staff to follow up on the draft ASSEPiBLY document which had been submitted in a special meetimg of the Eagle River Assembly during June. It was requested that a redraft of the document be obtained for the Bo<ard's review. EAGLE PqINE The Board discussed the status of the letter to Dick SUPERFUND Parachini, the Eagle Mine Project Manager for the Hazai_dous LETTER Materials and Waste Management Division, a copy of which is attached hereto as Exhibit H, and incorporated herein by this reference. The purpose of the letter was to express the District's concerns regarding the lack of emergency notification procedures which would require the operEitors of the Eagle Mine Superfund to notify downstream water users of an accidental spill or other event that c:ould contaminate the Eagle River. The Board requested that: the letter be redrafted to clarify the relationship of T:rpper Eagle Valley Consolidated Sanitation District, Vail Valley Consolidated Water District, and the Upper Eagle Regional Water Authority, and to have the letter signed by Chai.rman Sackbauer,Chairman MacCutcheon and Paul Testwuide, Vice President of Vail Associates, Inc. FOREST SERVICE The Board discussed the consolidated Special Use Permit SPECIAI, iTSE that the District has for its sites on Forest Service land. PERMIT It was noted that the District will need to work with the Forest Service on a new Gore Valley tank site, and it was agreed that Director Testwuide and Ms. Grider should discuss with the Forest- Service a land swap versus an amendment to the Special Use Permit for the site. It was agreed that the District has a good working rel'ationship with the Forest Service, and that the L13strict should independently pursue the tank site, instead of working through the Town of Vail land swap with the Forest Service. VAII, ASSOCIATES The Board'discussed the possibility of inclusion of the MOUNTAYRT TANKS Vail Associates water storage tanks on the mountain for use in the event of fire emergency in the Vail Valley. The Board requested Ms. Grider to contact Dennis Carlsori of Vail Associates, Inc. regarding the possibility of tying the Mid Vail tank and Eagle's Nest tank into the Dist:rict system for fire protection. SPEC%AL PqEETING The Board agreed that a special meeting would be requ:ired to discuss the philosophies, goals, and capital needs of the District. Up~on motion duly made and seconded, it was unanimously admin\b-wc-94\vv94-07r. min r i" RECORD OF PROCEEDINGS 4 Minutes Vail Valley Consolidated Water Disvict July 28, 1994 Page 8 RESOLVED that a special meeting be and hereby is to be held on August 2, 1994, at 12:00 noon for the purpose of discussing District philosophies, goals, and capital-needs, and such to conduct other business as may come before the Board. CAPITAL Ms. Grider reported on the status of District capital PROJECTS REPORT projects. A copy of Ms. Grider's report is attached hereto as Exhibit I, and incorporated herein by this reference. Mr. Grider reported on the proposed extension of the Interconnect Phase III from Kinnickinnick to Cascade Village. She reported that Western Slope Utilities proposes to complete Phase III for a cost not to exceed $1,456,703, which cost would be shared on a fifty-fifty basis with Vail Associates. Ms. Grider reported that this work could be completed this fall if necessary. The Board agreed to discuss this matter further at the special , meeting to be held on August 2. DIRECTOR Director Testwuide reported that resumes were being REPORTS considered for the Water Operations Manager, and that the hiring process was nearing conclusion. Director Testwuide stated that Commissioner Gates had expressed an interest in serving as the River District representative. However, the District.agreed to talk to Rod Slifer to determine his interest in serving on that District. With regard to the Northwest Colorado Council of Governments (NWCCOG) , Mr. Testwuide reported that- it was in the best interest of the District to be i-nvolved in the redrafting of the 208, along with Colorado Ski Country. Director Ogilby expressed an interest in attending the Water Quality/Quantity Committee meetings with the NWCCOG. Director Ogilby reported that the next meeting of Eagle River Assembly would be held on July 31. * admin\b-wc-94\vv94-07 r. min , A 12ECORD OF P120CEEDIATGS Minutes Vail Valley Consolidated Water Disvict July 28, 1994 Page 9 TTPPER EAGLE The Board discussed several matters involving the Upper REG%OATAL 6VATER Eagle Regional Water Authority. AvTHoRaTx %SSUES D%SCUSS%ON OF Director Testwuide discussed the cost savings and WATE12 ATTORNEY efficiencies of using the same water counsel as the Upper Eagle Regional Water Authority. He stated that he had reviewed the proposals receivei-1 from water counsel candidates. He recommended that the Board choose C31en Porzak with Holme, Roberts and Owen. It was not:ed, however, that Mr. Porzak may wish to have Wayne SchroPder , continue with.the Homestake matters, and that there may be occasions when there is a conflict of interest regarciing Mr. Porzak's representation of Vail Associates, Inc. tTpon motion duly made and seconded, it was RESOLVED that Mr. Porzak of Holme, Roberts and Owen be appointed water counsel for the District, as presented in his proposal. The Motion carried by a vote of two to zero. Director Testwuide abstained from discussion of the mat.ter and the vote. Chairman Sackbauer abstained from the vote. Director Testwuide agreed to discuss the matter with Director Richard Howard of the Upper Eagle Regional Wa.ter Authority. CI,IMAX DAM Director Testwuide reported that Vail Associates was going NO. 4 ahead into the East Fork of the Eagle River by September 1, and this would accomplish 500 acre feet of water for snowmaking purposes by November 1. , TED KEATDALL The Board discussed a request from the Town of Vail to PARK waive tap fees for the Town of Vail's Ted Kendall Park. A request in this matter is attached hereto as Exhibit J, and incorporated herein by this reference. Upon motion duly made and seconded, it was unanimously RESOLVED that the request by the Town of Vail to waive tap fees for the Ted Kendall Park, be and hereby is approved. FIIVAATCIAL Ms. Bultemeier presented- the financial report and proposed REPORT disbursements, copies of which are attached hereto as Exhibit K, and bncorporated herein by this referenre. Following discussion and upon motion duly made and seconded, it was unanimously admin\b-wc-94\w94-07r. min tl RECORD OF PROCEEDINGS ' Minutes Vail Valley Consolidated Water Disvict July 28, 1994 Page 10 RESOLVED that the financial report and proposed disbursements be and hereby are approved. Ms. Bultemeier requested that the Board execute new.Trade Authorization and Repurchase Agreements with Smith Barney, Inc., due to a change in the carporate-name. Upon motion duly made and seconded, it was unanimously RESOLVED that the broker dealer Trade Authorization and Repurchase Agreements with Smith Barney, Inc., be and hereby are authori.zed for execution. AMMA REPORT Ms. Bultemeier reported that she was working with George Nielson of American Money Management Association regarding investing the District funds in six and nine month instruments to improve yields, matching construction needs and cash flow requirements. INTERCONNECT Chairman Sackbauer requested that Ms. Bultemeier bill the BILLING Upper Eagle Regional Water Authority for its portion of Interconnect as soon as possible. Ms. Bultemeier was also requested to clarify the $40,626 expenditure on page B-4 in Other Operating Expenditures for May, NlATTERS PENDING With regard to matters pending, the Board requested that Ms. Grider solicit a contribution from the Rotary Club to install the fishing pier at Black Lake. The Board also discussed a letter from Joe Brown complimenting the District on its restoration of the Interconnect project area and requested that the letter be rewritten for the newspapers and republished. The Board also requested that additional press releases be produced on the Interconnect. The Board requested that the water conservation program in force for Upper Eagle Regional Water Authority be summarized for the Board' s review at the special meeting on August 2. WATER The Board reviewed the Water Operations Report, a copy of OPERATIONS which is attached hereto as Exhibit L, and incorporated REPORT herein by this reference. They requested that the Vail water delivered t,;hrough the Interconnect be shown as an additional line item to the monthly operations report. admin\b-wc-94\vv94-07r. min 9 n~ a RECORD OF PROCEEDINGS Minutes Vail Valley Consolidated Water Disvict July 28, 1994 Page 11 The Board also requested that the water line to the Carlin property at the airport be checked for leaks. Ms. Allen reported that several property owners had expressed interest in the inclusion of their properties at the airport into the District. - ADJOURNMERTT There being no further business to come before the Board, the meeting adjourned at 7:15 p.m. Respectfully submitted, Secretary to the Me'eting MINUTES APPROVED, FORMAL CALL, AND NOTICE OF MEETING WAIVED: Byron Brown • Patrick Dauphinais T. Charles Ogilby Frederick P. Sackbauer IV Paul Testwuide a admin\b-vvc-94\vv94-07r. min , 'g- . . d RECOIZD OF PROCEEDIlVGS , Minutes of the Special IVgeeting of the Board of Directors Vail Valley Consolidated Water I)istrict August 2, 1994 The Special Nleeting of the Board of Directors of the Vail Valley Consolidated Water District, Eagle County, Colorado, was held August 2, 1994, at 12:00 p.m., in the John V. Amato Room of the Upper Eagle Valley Consolidated Sanitation District administrative offices, 846 Forest Itoad, Vail, Colorado, in accordance with the applicable statutes of the State of Colorado. Attendl~~e T9n~ ~~~~owirng Dfrectors were present and actinga > Byron Brown > Patrick Dauphinais > T. Charles Ogilby > Frederick P. Sackbauer IV P Paul T'estwuide ' Allso nn attendance weire: D Leslie Allen, Administration Manager, Upper Eagle Valley Consolidated Sanitation District ~ Becky Bultemeier, Finance IVtanager, LTpper Eagle Valley ' Consolidated Sanitation District > Lannie Carlson, Interim Water Operations Manager, Upper Eagle \lalley Consolidated Sanitation District ~ D Dennis Gelvin, General 1Vlanager, Upper Eagle Valley Consolidated Sanitation District f: W DM I MB- W C-94\M I NUTFS\ W 94-08$. M t N r ~l . i ItECORD OF PItOCEEI)INGS Vail Valley Consolidated Water Disvict Minutes of August 2, 1994 Page 2 ? Gayle Grider, Project Manager, Upper Eagle Valley Consolidated Sanitation District _ ? Roger Hartman, The Harnnan Company ? Bob Weaver, Hydrosphere ? Emily Woodruff, Administrative Secretary, Upper Eagle Valley Consolidated Sanitation District Disclosure of The Board noted that it had received more than seventy-two hours prior Potential to the meeting certain disclosures of potential Conflict of Interest Contlicts of Statements for the following Directors indicating the following conflicts: Interest Paul Testwuide is a Vice President of Vail Associates, Inc., which has significant land ownership and business interests within the District. Frederick P. Sackbauer IV is an employee of Vail Associates, Inc., which has significant land ownership and business interests within the District. Byron Brown is a Broker employed by Slifer, Smith, and Frampton/ Vail Associates Real Estate, which has significant business interests within the District. Frisco The Board first considered Mr. Leavenworth's request. that the Board Augmentation authorize him to enter into a stipulation with Frisco for the entry of a Plan decree in substantially the same form as is attached hereto as Earhibit A and incorporated herein by this reference. The Board elected ' to defer the matter to Mr. Porzak, of Holme, Roberts & Owen, and discuss this matter further at the next regular meeting of the Board of Directors. Upon motion duly made and seconded, it was unanimously RESOLVED to defer Case No. 87CW 198; District's Opposition ' to Frisco Augmentation Plan to Mr. Porzak for his recommendation to the Board. * f: WDMIMB-W C-94\MINUTES\W94-0SS. MIN ~ ~ a- RE(C~~~ OF P~~~~~~~NGS Vail Valley Consolidazed Water Disvict Minutes of August 2, 1994 Page 3 \VaiIl Because 1VIr. Porzak is Counsel for Vail Associates, Inc:, the Board Associages, I[nnce questioned whether this issue was a Conflict of Interest for ILease of 1lRr. Porzak to represent the District. The Board recommended B1aek ILake Mr. Leavenworth complete the documents concerning the Vail Associates Water Inc. lease of Black Lake VVater. Upon motion duly made and seconded, it was RESOII.VED to allow the law firm of Leavenworth & Coloia, P.C. to complete work on the Vail Associates, Inc. lease of Black Lake VVater. Chairman Frederick Sackbauer and Director Paul Testwuide abstained from the vote. The motion was passed 2-0, with two abstentions. Discuassnon of Mr. Hartman lead a discussion regarding the Board's concerns with the ~oard District's management. He then listed the concerns and explained they Coancerns could be sorted into 4 categories: 1. = Institutional Arrangements C. = Capital Planning F. = Finances 0. = Operations A copy of the list is attached hereto as Exhibgt B, and incorporated herein by this reference. Staff presented reference documents to assist the Board with development of District goals and philosophies. A copy of the reference documents is attached hereto as Exnibit C and incorporated herein by this reference. Mr. Hartman presented an excerpt from a document he had prepared for the Fort Vtlorth Water Department titled "Department 1Vlanagement Statement and Objectives", a copy of which is attached hereto as Exflnnbat ]LD and incorporated herein by this reference. In the discussion which followed, NIr. Hartman was directed to prepare a consolidated draft of 1995 goals based on the discussion and review of 1993 and 1994 goals, prepare a consolidated draft capital improvements ~ f:\ADMINIB-V VC-94\MINUTES\ V V94-OSS.M W i P RECORD OF PItOCEEDI[NGS Vail Va!!ey Consolidated Water Disuict Minutes of August 2, 1994 Page 4 program, review the draft agreement being compiled by Jim Collins, and work with Sanitation District staff-to develop project schedules, reporting formats, and performance parameters. Adjourrnment There being no further business to come before the Board, the meeting adjourned at 3:15 p.m. Respectfully submitted, Secretary to the Meeting MINUTES APPROVED, FORMAL CALL, AND NOTICE OF MEETING WAIVED: Byron Brown Patrick Dauphinais T. Charles Ogilby ' Frederick P. Sackbauer IV * Paul Testwuide f:V1DM IN~B-V VC-94\MINUTES\ W 94-0BS.MIN Q ai ~RE`l.i ORD OF PROCEEDffNGS Vail Valley Consolidated Water Disvict Minutes of August 2, 1994 Page 5 I Manager Involvement in Outside Water Management Organizations II Board Involvement I Separate Operations from Politics (V+later Availability, Water Rights, etc...) I,C Town of Vail & Fire Department Buying int VVC Capital Projects 0 Specific Maintenance Schedule 0 Capital Planning (1,5,10 year plans) O,C OPS 1VTodifications Efficiency 0 Gore Valley Water Treatment Plant 1F ltevenue Structure IE',O Rates Analysis/Conservation/Fair Share of Payments I,C,O Down `Ialley Developers (Bound by moral and ethical agreements) Growth vs Emergency d Balance Upper Basin Needs How much water to keep in stream? ff,O Water Conservation Plan II Water Quality (Storm Water) I Consolidation Move peak days on mountain Increase in summer O,C Emergency Itesponse Forest Fires Tanker Truck Accidents (lose wells) Dam Breaks Itock/Mudslides ~ Catastrophic Fire in `Iillage . Major Power Outage Hydraulic Analysis Info for use in designing sprinklers d,C In-Basin Storage O,C Pressure/Flow Information 09A I3ydraulic Modeling Training Software Issues 0 1lRaintenance 1VTanagement - Accountability O9C Unaccountable Water 10 %-15 % is acceptable - More important to see''trends Our 3 month average is 18% d Water Quality Monitoring f:\ADMIN\B-W C-94\MINUTES\W 44-0BS.MIN , M . V RECORD OF PItOCEEDIINGS Vail Vatley Consolidated Water Disvict Minutes of August 2, 1994 Page 6 w f: W D M I MB- W C-94\M I NUTES\ W 44-085. M I N 0 ~ . 110 1G CORD OJP !C Yi OCLilti Dll NGS Manutes off t9ae Speeaall Meetang of the - Board of Il)irectors VAIDL VALILIEY CON~OLIDATED WATER DISTRICT Aaagaust 24, 1994 The Special Meeting of the Board of Directors of the Vail Valley Consolidated Water District, Eagle County, Colorado, was held August 24, 1994, at 9:00 a.m., in the John V. Amato Room of the Upper Eagle Valley Consolidated Sanitation District administrative offices, 846 Forest Road, Vail, Colorado, in accordance with the applicable statutes of the State of Colorado. Agte~~~~~e The folllowaaag Dnrectors were present and actinga ~ Byron Brown ~ Patrick Dauphinais D Frederick P. Sackbauer It1 ' Tflne foflIlownng Derectors were abseaata D T. Charles Ogilby, whose absence was excused. > Paul Testwuide, whose absence was excused. Allso- nIIn aggendance wereo a D Leslie Allen, Administration lYianager, Upper Eagle Valley Consolidated Sanitation District f:\ADMIMB-WC-94\MINUTES\V V94-8S2, MIN ? ' a RECORD OF P1tOCEEDINGS Vail Valley Consolidated Water District Minutes of August 24, 1994 Page 2 ? Becky Bultemeier, Finance Manager, Upper Eagle Valley Consolidated Sanitation District - ? Dennis Gelvin, General 1Vianager, Upper Eagle Valley Consolidated Sanitation District ? Gayle Grider, Project Manager, Upper Eagle Valley Consolidated Sanitation District ? Emily Woodruff, Administrative Secretary, Upper Eagle Valley Consolidated Sanitation District DISCLOSU1tES The Board noted it had received more than seventy-two hours prior OF POTENTIAL to the meeting certain disclosures of potential Conflicts of Interest CONFLICTS OF Statements for the following Directors indicating the following conflicts: INTEREST Paul Testwuide is a Vice President of Vail Associates, Inc., which has , significant land ownership and business interests within the District. Frederick P. Sackbauer IV is an employee of Vail Associates, Inc., which has significant land ownership and business interests within the District. Byron Brown is a Broker employed by Slifer, Smith, and Frampton/ Vail Associates Real Estate, which has significant business interests within the District. CONSIDERATION The Board considered the Minutes of the Special Meeting of OF MINiJTES July 28, 1994. The following changes were noted to the Minutes: On page 6, under the heading "Wetlands Mitigation Observations", the Minutes should also reflect other sites, including, but not limited to the golf course. On page 8, under the heading "Capital Projects", the third sentence should be re-worded ".to read, "She reported Western Slope Utilities proposes to complete P~ase III for a cost not to exceed $1,456,703, which cost would be shared by other participants. " f:UDMIMB-V VC-94\M INUTES\W94-8S2.MIN ~ a D• i R1ECORD OF PROCEIEDgNGS Vail Vatley Consotidated Water District Minutes of August 24, 1994 Page 3 Those changes and comments being noted, and upon motion duly made and seconded, it was unanimously _ l[81ESO]LVED the Minutes of the Regular IVTeeting of July 28, 1994, be and hereby are approved as amended. The Board then considered the Minutes of the Special Meeting of August 2, 1994, and upon motion duly made and seconded, it was unanimously RESO]LVED the Minutes of the Special 1Vleeting of August 2, 1994, be and hereby are approved. ~~~RT BY Mr. Collins reported on the status of legal matters pending. lL~GAL ~OUNSEIL GOIt]E VALlL]EY Mr. Collins reported he did not consider the Gore Valley Plant Site to be ~~ANT SITE an issue for the Board's concern. BLACK ILAKE Mr. Collins reported he had reviewed the latest version of the lease and WATIER ILEA3]E advised. the Board to sign the lease. Following discussion and upon motion duly made and seconded, it was unanimously RESOLVEH? the Black Lake Lease for Water to Vail Associates, Inc. be and hereby is approved. Chairman Sackbauer abstained from the vote. A copy of the lease is attached hereto as Exhibat A and is incorporated herein by this reference. ~ ~OVEMBER liRr. Collins advised the-Board he did not think the District needed to take ~~~CTION any issues to the voters at the IVovember election. He commented that, f:UDM IMB-W C-94\MI NUTES\V V94-8S2. M IN " Y / ~ K "~..1 RECOI2D OF PROCEEDINGS Vail Valley Consolidazed Wazer Disttict Minutes of August 24, 1994 Page 4 as an enterprise, the District is able to issue revenue debt. He reminded the Board September 13, 1994 is the deadline for submitting questions for the ballot. REPORT BY Under the heading of Old Business, the following topic was discussed: WATER COIJNSEL Itequest from Diana Williamson - 1Vir. Collins reviewed an abbreviated history of the Williamson situation for the Board. The flow of water into a trout pond, which formerly existed on the property owned by the complainant, Mrs. Williamson, was obstructed by construction on the property of her neighbor which blocked and severed the spring which was ' the water source for the pond. Ms. Williamson made several appeals to the District to solve the dispute, including a request for a well to supply water to the trout pond. Middle Creek Diversion Structure - The Board discussed the stipulation submitted for their consideration in this matter, a copy of which is attached hereto as Exhibit B, and incorporated herein by this reference. The Board requested Mr. Porzak review the status of the Middle Creek Diversion Structure, the Frisco Stipulation, and the Diana Williamson matter, and present a letter stating the status of each matter at the next regular meeting. 1 CON3ULTANT The Board considered the status of matters related to consultant reports REPORTS still pending. VVETLANDS The Board discussed the status report from the Diane Yates, a copy of MITIGATION which is attached hereto as Eachibit C and is incorporated herein by this reference: The Board> then directed staff to find out when the wananty period will expire on the work performed by Ms. Yates, and to examine f:UIDMIMB-W C-94\M INUTES\ W 94-852. M IN d P 1!O 1G CORD O1C 1C Il0 OCEE1LY IL'Q GS Vail Valley Consolidated Water District Minutes of August 24, 1994 Page 5 1VIr. Weavers report of the June meeting of the Board of Directors to research where there was a problem with the plantings and to determine , whether li/Is. Yates had resolved the problem. MERRICK 1Vts. Grider reported 1Vlerrick would present their final report in ~~~RT September. The Board requested lYlerrick report on the viability of using the Vail Associates, Inc. snowmaking line to deliver additional treated water to the Authority during the summer months. TROU'd' Ms. Grider stated she is waiting to hear from the Division of Wildlife. STOCKING The Board requested notice be given to locals when the lakes are stocked. FWANCIIAIL 1VIs. Bultemeier presented the financial report and proposed disbursements, REPOItTS including a list of hand checks copies of which are attached hereto as IEx?na9nnt dD, and incorporated by this reference. Following discussion and upon motion duly made and seconded it was unanimously R}ESOg.VEY? that the Financial IZeport and proposed disbursements including the hand checks be and hereby are approved. BN~~ET Ms. Bultemeier reported there would be a budget workshop held in COMPARI3ON September, which would cover projections for the remainder of 1994 and include the discussion of priorities for 1995. She explained that the Board would receive a draft of the 1995 Budget during the October meeting. FM There are no new hydrant replacements planned for the remainder of this ~~~RANT year, however 30-40 hydrants will be budgeted for replacement in 1995. REP]LAClEAMN7CS . f:\ADMIMB-WC-94\MINUTES\W 94-852. MIN , ~ ~ RECORD OF PYtOCEEDINGS Vail Valley Consolidated Water District ~ Minutes of August 24, 1994 Page 6 AUTHORITY Ms. Bultemeier reported that the authority had been billed and had paid BILLING for their portion of the interconnect costs to this point. Thereafter Ms. Bultemeier left the meeting. OPERATIOlVS Under the heading of Capital Projects Reports, the following updates were AND rendered by staff: MAINTENANCE ItEPORTS Main Gore Circle Water Main Replaceirnent - Two bids have been received. The Board asked staff to determine whether the water line could be replaced along with the planned sewer line replacement. Well it-2 Replacement - Ms. Grider reported the original firm contracted to do the drilling has backed out. Shelton Drilling has submitted a proposal which is higher than the original bid submitted by Collins Drilling Co. She requested that she be authorized to obtain. phone approval from the Board to proceed. The Board concurred. Tarak 2 and Tank 3 Upgrade - Ms. Grider stated her department would try to get Tank 2 retro-fitted in 1994, but Tank 3 would not be upgraded until 1995. Chairman Sackbauer questioned whether a formal motion has ever been made to approve work on Tank 2 or Tank 3. He suggested this motion has never been resolved, since this project is still considered a"Potential Capital Project" and not a"Capital Project. " Town of Vanl Road Improvements - All related projects will be held over until 1995. Black Lalces Handicapped Fishing Pier - Rotary Contributaon - Ms. Grider reported the Rotary check for $5,000.00 will be paid this month. She added the US Forest Service will provide a listing of materials. The Forest Service needs to know when workers will be available. Ms. Grider also commented that a portable fence will be installed at the site for winter. f:UDMIMB-W C-94\M(NUTES1VV44-SS2.MIN Y C RIECORdD OlE' PROCIEIEDIINGS Vail Valley Consolidated Water Distria Minutes of August 24, 1994 Page 7 Spn°addYe Creek PbtvV - Ms. (irider is working with the developer to accomplish minor repairs before the I'ItVs can be installed. 1~OTENTL&L Under the heading of Potential Capital Projects Status, the following CAPdTAL updates were rendered by staff: IPRO.U~E~~S Ug~size 4" Water Liane oaa Bridge Street - Future main line studies are required. No work is scheduled at this time. Gore VaIlley Treatment Plang - The project is being renegotiated. Ms. Grider has consulted with RTVV and I.anny Carlson, who recommend a joint endeavor with Continental West, because of time constraints. They suggested a substantial amount of money could be saved. If the project is handled internally and District staff acts as its own general contractor, the District can reduce the cost from the original bid of $340,650 to $200,239. 1lRs. (prider also asked the Board to approve the purchase of two chemical feed pumps at a cost of $10,000 each. Following discussion and upon motion duly made and seconded, it was unanimously - R]ESO1LVED to approve the contract with Continental West in the amount of $200,239 for improvements to the Gore tlalley Water Plant. Following discussion and upon motion duly made and seconded, it was unanimously RlESOILVEIID to approve the purchase of two chemical feed pumps for the project at a cost not to exceed $25,000. Ms. Grider then appealed to the Board to approve an engineering consulting contract witli 12TW for assistance to M[s. Grider in the f:\.4DMIMB-WC-94\MINUTES\W 94-8S2.MIN y ~ RECORID OF PROCEEDINGS Vail Valley Consolidated Water Disvict Minu[es of August 24, 1994 Page S management of the Cpore Valley Water Plant Construction project. Following discussion and upon motion duly made and seconded, it was unanimously - RESOLVED to approve an hourly consulting contract with RTW in an amount not to exceed $5,000. Extension of Interconrnec$ to Cascade Village - Phase III - Ms. Grider reported this project is on hold awaiting a proposal from Western Slope to install pipe for the District and Vail Associates, Inc.. Ms. Grider stated Western Slope is prepared to extend the Interconnect from Kinnickinnick to the West Vail Exit. SDA Following discussion and upon motion duly made and seconded, it was POOL unanimously itEPRE3ENTATIVE RESOLVED to ratify Edmund Drager as the District representative to the Colorado Special Districts Property and Liability Insurance Pool. UPPER EAGLE Under the heading of Upper Eagle Regional Water Authority Issues, the REGIOIVAI, following topic was discussed by the Board: WATER AUTHORITY Operating Agreement for the Interconnect - The Interconnect is still ISSUES delivering water down valley at a rate of 200,000 - 300,000 gallons per day. Dennis Gelvin recommended keeping the flow in operation to keep water flows fresh. The Board directed staff to create a"Cost of Production and Profit Analysis" for the Interconnect for the next meeting. AIRPORT Staff reported no leak&.:were discovered. WATER LEAK @ W DM IMB-WC-94\M INUTES\W 94-8S2.MIN e a ]i81ECORIlD OIE' PROCEEDIN4GS Vait Vallcy ConsolidaWd Water District Minuus of August 24, 1994 Page 9 ~OL~RADO The Board discussed a letter from Colorado VVater Congress requesting WATER the Disrict continue membership. Following discussion, and upon motion CONGRESS duly made and seconded, it was unanimously MEMBERSH~ ~NEWAb• RESOILVED to continue membership in the Colorado Water Congress for the period from August, 1994 to July, 1995. ~~CTOR Hnrnng off Water Operatfons Manager - Dennis Gelvin reported he has REPORTS made an offer to one exceptional candidate for the position of Operations 1Vganager , and he is awaiting a response. He added interviews are on- going to fill the position of VVater Operations Manager, and hopes to make a final selection by next week. Paublnc ReIlataons Conamittee - The committee will reschedule their meeting for this month. . EagIle Rnver AssembIly - The next meeting is scheduled for August 31, 1994. }Eannpfloyee Housing - Director Dauphanais reported his committee awaits the survey and an updated appraisal of Tract C, Vail Village 7th Filing. liRs. Allen reported Mr. 1VTaddox, of Valuation Consultants, would update the appraisal of Tract C, 7th Filing, for $250.00. Following discussion, and upon motion duly made and seconded, it was unanimously RESO]LVED that Valuation Consultants be and hereby is directed to update the appraisal of Tract C, 7th Filing for a fee of $250.00. EXECNTIVE Following discussion and upon motion duly made and seconded, it was SESSgON unanimously RESOILVED that the Board enter into an Executive Session for the purpose of: discussing the revised Operations Agreement at 11:45 a.m.. The Board reconvened the Special Meeting at 12:00 p.m.. f: \ADMIMB-W C-94\MINUTES\V V94-852.M IN , r r ~i RECORD OlF PItOCEEDINGS Vail Valley Cocuolidated Water District Minutes of August 24, 1994 Page 10 ' ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 12:00 p.m. - ~ Respectfully submitted, Secretary to the Meeting MINUTES APPROVED, FORMAL CALL, AND NOTICE OF MEETING WA][VED: Byron Brown Patrick Dauphinais T. Charles Ogilby ~ Frederick P. Sackbauer IV Paul Testwuide * f: W DMIMB-WC-94\MINUTES\ W94-8S2. MIN v a 5TATE OF UI` Roy Romer, Governor Patricia A. Nolan, MD, MPH, Executive Director c6t,'yiu ~~pFCO~ Dedicated to protec[ing and improving the health and environment of tAe people of Colorado T4~ 11-t yei 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue 1876 Phone (303) 692-2000 Denver, Colorado 802 2 0-3 71 6 (303) 691-4700 C~Iorado Department of Public Health li/IEMORA1VDUlVI and Environment TO: Interested Parties FROM: Dick Parachini, Eagle iVline Project Manager DATE: September 19, 1994 SUBJECT: Eagle Mine Preliminary Air iVlonitoring Results - August 1994 (EAG 7.1.6.3) The attached letter and table is an update regarding the Eagle 1Vline air monitoring program during August 1994. The airbome particulate data collected by the Paramount air monitors shown in the tables are preliminary in nature. This means that the Total Suspended Particulate (TSP) values may be revised after auditing and validation by the air monitoring contractor and the State. 1'he infortnation is useful in assessing emissions during this time period, as well as trends in potential human exposure. The air monitoring stations on top of the Minturn 1Vliddle School and at the North Cross Creek station have operated on a 1-in-3 day schedule during the 1994 construction season. The concentrations for TSP, Pb (Lead), As (Arsenic), and Cd (Cadmium) were below the air emissions permit levels during the month of August. Site activities in August continue to be associated with collection and transfer of contaminated water to the lined storage ponds. The water treatment plant continues to treat and discharge it to the Eagle River. Sludge generated from the treatment plant is dewatered and temporarily deposited near the historic pond area until the disposal cell is . operational. - Construction activities at the Consolidated Tailings Pile include excavation, stockpiling, and regrading of clean soil material in the borrow area. itegrading of stockpiled tailings westward into the historic pond has progressed. As the regraded tailings areas achieve settlement, the top material is compacted, and the three layers of the final cap are placed and compacted. Activities for Phase II of the sludge disposal cell have been placement and welding of the synthetic liner. These and other construction activities will continue through the 1994 construction season. For additional information, please contact Dick Parachini (692-3396), Doug Ikenberry (827- 5928), or Marion Galant (692-3304). DP/dp ~ Attachments - . EES Eagle Engineering Services, inc. September 13, 1994 r.- ~--,f--~ • ~ r'=,..-• f'`~i'.r'~ ~ ~ ~-n 141994 5Cr Mr. R.W. Pazachini I ~ ? w Colorado Department of Public Health and Environment A,,;~' ,r.:.STr= ;~~;;FJ~,G~,~~Et~l~ 4300 Cherry Creek Drive So. Denver, CO 80222-1530 , Deaz Dick: . Enclosed aze three (3) copies of the August 1994 Airborne Particulate Concentrations Report for the Eagle Mine site. We would emphasize the provisional nature of the data and the fact that revisions may be made after auditing and validation. Sincerely, EAGLE-ENGINEERING SERVICES, INC. i Matthews Project Engineer LRM/ccp . " Enclosure cc: D.M. Ikenberry, CDPHE R.J. Neukirchner, EES G. Greg Lord, EES Chris Crouse, D&M , * 710 ICipling St. Suite 305 • Lakewood, CO 80215 •(303) 235-0733 •(303) 235-0915 FAX AIRBORNE PARTICULATE CONCENTRATIOiVS EAGLE MIiVE SITE AUGUST 1994 (µ9/m3) Date SCHOOL SITE iVORTH SITE Sampled TSP° Pb"° AS*4A Cd°'° PM10 TSP° Pb°° As°°° d"°° - PMio 08/03/94 13.8 < 0.0038 < 0.0022 < 0.0032 8.6 13.6 < 0.0029 < 0.0017 < 0.0032 9.1 08/06/94 21.2 0.0063 < 0.0020 < 0.0032 ID ID ID ID ID 15.3 08/09/94 13.1 0.0034 < 0.0018 < 0.0031 9.4 15.0 0.0057 < 0.0018 < 0.0033 10.8 08/12/94 15.4 < 0.0034 0.0032 < 0.0031 10.0 24.0 0.0077 < 0.0021 < 0.0033 11.7 08/15!94 15.0 0.0070 < 0.0021 < 0.0031 5.1 14.1 < 0.0030 < 0.0018 < 0.0033 7.0 08/18/94 35.0 0.0450 0.0100 < 0.0032 16.5 31.4 0.0167 0.0048 < 0.0033 18.3 08/21 /J4 ,17.4 < 0.0034 < 0.0020 < 0.0033 13.6 18.3 < 0.0030 < 0.0018 0.0056 15.3 08124194 I D I D I D I D 11.1 21.6 0.0074 < 0.0019 < 0.0033 13.8 08/27/94 17.1 0.0040 < 0.0022 < 0.0032 11.5 20.7^ < 0.0031 ^ 0.0037^ < 0.00331\ 13.1 , 08/30/94 12.7 < 0.0036 < 0.0021 < 0.0033 8.6 16.3 0.0038 < 0.0018 < 0.0033 10.3 ID Indicates invalid data ^ Indicates data collected by collocated sampler during NNaloit Park study ' Permit limitation is 150 µg/m3 " Permit limitation is 1.5 µg/m3 Permit trigger level is 0.010 µg/m3 THESE DATA ARE PROVISIOIVAL AfVD SUBJECT TO REVISION AFTER VALIDATION ~ SENT BY-EAGLE COUNTY ; 9-27-94 ; 12:06 ; 3033287207i 3034792157;# 1 d IAC tI' (:f)IJNIYIilllll)INL: 'i. • wUBROAUWAY (~t'I'I('I•Of IFII' N.f).lif}Y,l;,p U(>AhU 01 (dlMMlti',IUNIRI L'AC!L', C:(11.f1Rh1)i) 15161l •:i.;u,' . 00:14:32118015 ;i • hAY- (3011 1'1!t i7t1/ . ~ . ..Y . w•X} ' ',,1: l':a ;v.a'•..' :,f:'v.'_r • "'~~5••.. :••~,~r EAG6.E COWNTYj COKORADO NU$'I~E OF MEEi'dN~"'s5 TO: All Media aed IInteaesteed Parties PROIVg: Jack D. Lewris, County Manager DA'TIE: 5epteanbex 27, 1994 RE: Commissioners fo Attend Meetings The Eagle Bvard of ~ounty Cammissioners wall attend the foYl~awring meetings: Wed., September 28 1:00 p.rn. Priorities 1Vleeting Cmmmissioners' Cunfierence RZOom P.agle County Building Wed., Scpternber 2E 3:30 p.m, Managernent Mceting 1V1t. of the Floly Cross Rocsrn Eag1e Caunty Building 'g'hurs., Septernber 29 9:00 a.m. F°erfnrniance Management Workshog 14It. of the Holy Cross Roorn Eagle County Buflding Fri., September 30 9:00 a.tn, Performancc .Aanagement Workshop Mt. of the Roly Cross Romm Eagle County Building Fri., September 30 12:00 noom Polar Star Bridge 17edicativn W. I.ake Crcck Itd . Edwards, CO gf you have any questians ppease call the Commissiallers' Office at 32$-8605. jd 4VAIL TOi~I 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 FOR 9Mf1AED8AT~ ~~~EASE October 3, 1994 Contact: Paul Reeves, 479-2138 Environmental Officer TOWN OF VA9L ~aDOPTS FVJLL-SCi4LE WASTE MANAGIEMENT PROGRAAfl (Vail)--Implementation of a comprehensive waste management program is now underway within the Town of Vail municipal offices. The in-house program, which was activated last month, establishes standards for implementing the "reduce-reuse- recycle" loop, in addition to reducing toxicity of several of the chemicals used in the day-to-day operations of the town. Program coordinator Paul Reeves, the town's environmental officer, says the policy is , intended to set an example for the community. "As the municipal government, we are in a prime position to show that prudent waste management is everyone's concern," said Reeves. The Town of Vail program includes many ideas for adaptation in other places, such as the home: --Route documents rather than dis4ribute multiple copies. --Use both sides of copy paper. --Use electronic mail and voice mail to reduce the need for written messages. --Reuse waste paper converted into informal note pads. --Use refillable pens instead of disposable types. (more) TOV Waste/Add 1 --Use low-wattage, long-life lightbulbs. --Recycle glass, office paper and aluminum. --Use environmentally safe cleaning products for office cleaning and vehicle maintenance. --Promote the recycling of plastic, glass, corrugated cardboard, office paper, newsprint and glass. The town's waste management program also includes a purchasing policy that gives preference to products containing recycled material. Some of the items to be purchased include: --Paper and paper products (writing and copying paper, letterhead, envelopes, business cards, napkins, roll paper towels, toilet tissue and facial tissue). --Vehicle lubricating oil and hydraulic fluid. --Retreaded and remolded tires when practical. --Products made from recycled tire rubber (rubber mats, garden hoses, traffic control cones). --Rechargeable batteries. --Recharged laser printer toner cartridges, recharged typewriter and non-laser type printer ribbons. Through implementation of the policy, Reeves estimates fewer trips to the Eagle County landfill per year, a savings to the town and a savings of valuable landfill capacity. A community award program also is being planned to recognize waste management efforts by residents and businesses. Both programs are actions recommended in a comprehensive Environmental Strategic Plan to be adopted by the Vail Town Council in the coming weeks. , For more information, contact Reeves at 479-2138. # # # - REC E+V'w ^ , i_ ~ J ~994 October 3, 1994 TO: Peggy Ostertoss As a citizen of the Vail community for 28 years, the efforts to place the Par 3 golf course proposed for the Bald Mountain neighborhood on the IVovember ballot is an issue of immediate concern. As business owners in the Vail Valley, registered voters, home owners and permanent residents on Bald IVlountain Road my wife, Molly, and I, find this issue especially close to home. The Vail Valley is a world class resort community. Undoubtedly, golf is a positive aspect that contributes to the Vail Valley's appeal. It is well known that green fees on our area courses range from $68 -$98. In proposing the Par 3 course for the Bald Mountain area the fees would perhaps be less expensive thus allowing more locals and guests to be accommodated. But, after listening to the reasons advocating this Par 3 course's approval, we remain firmly opposed. The Par 3 golf course is the primary discussion of this letter, however, the greater focus is the subject of open space. As a community we must decide what we mean by open space or soon it will be too late. The area for the proposed Par 3 is one of the last remaining tracts of natural open space left in the Vail Valley floor corridor. To designate this space for a golf course would be short-sighted, restrictive and needless destruction of valuable and limited natural space. Lip service to open space is tired. We must decide what we really mean when speaking of open space. Is it a priority or not? We can choose novu with foresight or be sorry later. Can we keep pretending that golf courses are the same as open spaces? How many golf courses does our valley need? Will we learn only when every open field, drainage and meadow has become a golf course with house upon house, row after row? VVhat about the depletion and waste of our most valuable and increasingly scarce resource, water, when many residents in the private sector are presently forced to ration water? The proposed Par 3 golf course development does not constitute a wise, viable choice. Many have taunted saying `that if the voters don't pass the Par 3 golf course that the space could be developed into employee housing, a police substation or public parking.' These speculations, however, are incorrect and prohibited according to the Town of Vaii Open Space Covenants. Some have voiced that this space is merely a field of weeds. Others have added, `just develop the golf course and the property 2 values will escalate.' Are these narrow viewpoints the only reasons and motives behind the goifcourse proposal or do we as a community have the integrity to meet the challenge and preserve our few remaining open space areas? Having spent my life in the Vait Valley, I have faith that we will act with responsibilifij. This is a beautiful piece of land. Walking it's perimeter one can see spectacular views of Bald Mountain, the Gore Range, Booth Creek, Pitkin Creek and the East Vail cliffs. Let this area be a place of beauty... a place with trees, flowers, rocks... a place for walking, picnics, thinking. Let it be an undiscriminating natural reserve. Act now. Respectfully submitted, ~ Jeff and Molly Gorsuch G,~/ ~ ~ t~ob n c: C~~- , ~m au. o~ ~ ~ c~ds , 12 m BuSiNESS , _ . - - - . - - , _ _ _ _ _ _ _ _ _ _ _ _ Rocky RAountaln Plews THUrs.rMarch? e~ETA'L, 86 MARKET'N~e .1 . ~ Mst st~l ~ ervZ tran's P -d arent a metlioa ' Che Regional Transportation bc~ards, Contra District and the U.S. Postal Serv- ! Vision ad designs before proceeding further. ice are testing a new outdoor ~ can feasibly use "We haven't heard a bad word adverdsing technology to pitch ~ Q- every surface yet," she said. "In other markets the government's Priority and ~ inch of a bus exte- people just love it." Express mail services. rior. ThE: 40-foOt- ' Called Contra i7ision. the tech- long left and ri ht r£~' @l~ha4ever ha nolo ~ ri . ppened 40 . . . g y a l l o s p t ed e s s a g e s, . s i e s of B u s S h e il a H e l l e r a n d t h e He l ler Co.? graphic images, customized mu- ' 5120, for exam- • < 1,~~1 , Although her vendor television r l s a n d o t e r a d d e s i g n s t o b e , O h t t p 1 e, f e a t u r e d r a- s p o ts for Hy de Par k Jewe lers an d painted over exterior bus win- Accp'a matic, multi-col- International Villa were rec cl e d y dows without obscuring the views ored panoramas for the Christmas holiday season, of passengers inside. Ad VlC@ of the Postal Ser- I-ieller disbanded her Denver ad The effect is achieved by apply- vice s American agence summer, ing to windows an ultra-thin poly- eagle mascot. One side hawks the Th : can we say ester film that leaves a micro-dot $9•5Q overnight Express iVlail • ` ` " ihis nicely?" said Heller. "Let's s e r v i c w h ile t he ot her advertises Co n t r 8 V i s i o n a l l ow s a d designs oveY ex4enor bus windows Just say the economy, cutthroat giap~rn simulating a color photo- Priority nqail, a fwo-day mail de- without obscuring passengers' vieWS.._ competition, agencies undercut- livery for under $3. - - ~ting each other and competition I2TD roUed ouf the first sa dn addition the desi n extends Contra ilisiun a breakthrou h for . from media buying services took called illustrated bus this week• ~ g 8 a singl postal ' strated bu ca cost ,;~:all the fun out of doing good and plans to add another to the to the back, incorporating the the transit ad industry. Such adve is rs $24,000 or,more a • marketin stratet Postal Service s eagle-shaped , three-dimensional, mural-like de- B gy and good ad- campaign next month. Iogo on the rear window and a signs are bound Yo have a reater Year. I);-fg~exacharges vertising." ust from an im act stand- toll g advertisers $2,000 a month per After 17 years in the ad trench- P -free telephone number just street impact for advertisers' bus - about the same as a lar e es Heller has switched to the "Jpoint. we think it's an outstanding above the taillighi:s.., products an~d messages, she said. ' outdoor billboard g ~ advertising vehicle~" said Tim Translatin that im act, how- Pasted at a busy mobile phone business with DTR Curry, account executive at S~az ~uustrated bus cam- g p city intersection. In addition, ad- Cellular, a dealer for Cellular 1'oung & Rubicam TVew Xork the pai~s using the patented Contra ever, into direct sales results is vertisers must foot a$5,000 to Or~e. "I love it," Heller said. "I ' •vision technique liave recently a.another anatter. actually have customers call to $7,000 painting bill for each bus Postal Service's advertising It' s oin to be difficult to agency, been launched by advertisers in a a~ectlyg ela~e this kind of adver- u~d in a campaign, - say thank you. They never did half dozen other U.S. cities. But _"As far as revenue this is a 4hat in the ad business." ~'o be sure, RT'D Bus R1o. 5120 Curry said the Denver program is ~sing to an increase in sales," substantially greater income pro- Even in a revitalized economy, - currendy assigned to north a Cust for the Postal Service and . ~d Curry, keferring to the Postal ducer than selling regular bus = I-teller doubts she'll return to ad d3enver - brings a new perspec- rnay be expanded to other mar- ~rnce campaign. "But it's a signs," Stewart said. land. "I still know my stuff but anobile billboards. kets in 1993. - great image and awareness build- RTD hasn't decided whether to it would take an absolute mir- tive Ato to longer limited to the stan- • ~ eT•" ' offer the program to other adver- acle." dagd 30-b -44 inch anounted si Stewart, presidenf of A drawback is cost. Although a 2isers. Stewart said the transit •~Ieller's new offce number: y 8'n° Denver'Transit Advertising, calls . clear revenue producer for It'TI) I . line is BvaitinR for Dublic feedback $98-4880, . a - O O P C7 ~7. - . ' ' . . . . . ' . ' ' q . - , . . " . . . „ . ,~s . s _ . .ix oo~.-"• • . xc : NaA4~t r • ~~YJ ~ Dalto]C7l Wa Wlllll1ams 4021 Bighorn Road - 8H Post Office Box 1251 Vail, Colorado 81658 Office: (303) 476-0500 - Home: (303) 476-0272 - Fax: (303) 476-5327 Mr. Mike Mollica, Community Development Mr. Bob McLaurin, Town Manager Members of the Vail Town Council Vail Roundabout Steering Committee Planning and Environmental Commission % Town Of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Ladies and Gentlemen: In response to the memorandum from Mr. Mike Mollica, Acting Director of Community Development, that you were copied on, I wish to apologize for any mistake I may have made concerning the memorandum I prepared on behalf of the Vail Planning and Environmental Commission. I was appointed to represent the Planning and Environmental Commission to the Roundabout Steering Committee. As the P.E.C.'s representative I take my responsibility seriously and have made it a point to report back to the Planning and Environmental Commission with a summary of each Roundabout Steering Committee meeting T have attended. These summary reports have been made at the next Planning and Environmental Commission meeting following the Steering Committee meeting. I have made my reports infornlally (as is the custom of the P.E.C.) just prior to adjournment. In each and every case, I have reported factual information to the Commission and requested their thoughts and concerns to report back to the Steering Committee. Mr. Mollica is correct in his statement that the roundabout feasibility study was not listed as an agenda item at the meeting of September 12th as this was a task given to the Roundabout Steering Committee. As the P.E.C. representative to the Roundabout Steering Committee, it is my responsibility to report summary of each Steering Committee meeting to the P.E.C. When the members of the Roundabout Steering Committee were given the I-70/Vail Road Roundabout Feasibility Study for review, it was my responsibility to carefully and thoroughly review the study, to report my findings to the P.E.C., and to solicit the Planning and Environmental Commission's convnents for presentation to the Roundabout Steering Committee. I carefully reviewed the document spending a little over six hours reading and making notes in the document in preparation for my summary report to the Planning and Environmental Commission. At the conclusion of the staff discussion of APA State Conference attendance during the P.E.C. meeting on September 12, 1994, I presented my usual summary of the previous Steering Committee meeting and a review of the points I had noted in the roundabout feasibility study to the tive members of the P.E.C. in attendance that day. The Planning & Environmental Commission discussed the roundabout approximately r :'b ten minutes. This discussion was held at the end of our regularly scheduled public meeting held in the Town of Vail Council Chambers on Monday September 12, 1994. The resulting report that 1 prepared for the Steering Committee was as factual a report of the Planning and Environmental Commission's discussion as I could prepare. It stated the points of concem that I had found in reviewing the roundabout feasibility study. In each and every case, I had discussed each point with the five members of the Planning and Environmental commission present at our September 12th meeting and in every case had asked them if I should report the concern to the Steering Committee as a concern of the Planning and Environmental Commission. No item was presented in my report that was not discussed and agreed upon for inclusion by the Commission. I have served on several international boards and on many standards committees and have often served as the representative of a board or standards committee to other organizations. The purpose of appointing and sending a representative is so an entire board or committee, or in this case commission, does not have to attend all meetings that their delegate is appointed to attend, and so that all of the consultants, planners, and engineers do not have to appear before the board of commission. To the best of my belief, I was performing the task to which I was assigned in a legal, ethical and moral manner. To any extent that I may have acted improperly, please accept my apology. n"-AJA,WW Dalton W. Williams