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~~
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: 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
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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.
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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,
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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).
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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.
# # #
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~ SEN1' BY-EAGLE COUNTY ; 9-28-54 ~ 11:19 ; 3033287207y 3034752157;# ll 6
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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! .
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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
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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
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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.
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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 $5,000 bond.
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TOd~I OF VAIL ~
75 South Frontage Road
Vail, Coloradn 81657
303-479-2100 QlAUL POLICE DEPARTMENT NEWS RE~EASE
FAX 303-479-2157
Date of Release: Sept. 26, 1994
Contact: Sgt. Joe Russell, 479-2249
Date o$ 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.
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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
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'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
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. '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
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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.
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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
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:
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
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"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
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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
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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.
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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.
*
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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
~
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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
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' 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
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' 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
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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.
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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
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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.
*
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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
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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.
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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
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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
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D Dennis Gelvin, General 1Vlanager, Upper Eagle Valley
Consolidated Sanitation District
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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.
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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
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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
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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
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Minutes of August 2, 1994
Page 6
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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
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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. "
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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.
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~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,
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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
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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 .
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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
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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
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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
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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